Non-disclosure Agreements in the Workplace

Debate between Layla Moran and Maria Miller

Tuesday 5th September 2023 Westminster Hall

[Layla Moran (Oxford West and Abingdon) (LD)]

It is a pleasure to serve under your chairmanship, Ms Ali. I start by congratulating the right hon. Member for Basingstoke (Dame Maria Miller) on securing this important debate. As we have heard, non-disclosure agreements were designed as a legal tool to protect trade secrets, but they have a dark side. There is now overwhelming evidence that they are being used to cover up bad behaviour, and buy victims’ silence. They have become insidious and pervasive. One survivor described it as

“a way of companies and people avoiding accountability”.

NDAs can take many forms. They can be stand-alone agreements or a single clause subtly included at the end of a contract generated by a lawyer or anyone else. The effect is what is important. An NDA for these purposes should be defined as any clause that has the effect of gagging a victim. It is usually in perpetuity, which itself is extraordinary when thought about in legal terms. It stops them speaking about their experiences for ever more.

Many NDAs are not legally enforceable, but the victims I have spoken to would not have a clue. They never have a clue—and I am not sure I would, frankly. I am not a lawyer. If I were given something on official headed paper and told that someone knowledgeable had looked at it and thought it was the best thing for me, and I was at my wits’ end at the end of a discrimination case, I would just want it all to go away, too. That is tempting, and we can understand why people in that moment—when presented with that way out—take the money, sign the NDA and run.

However, we also know that NDAs hold immense power over victims. Often many years later, long after the effects should have been forgotten, they are retraumatised over and over again. Imagine someone facing a discrimination charge at work who has had to leave. They then have a further interview where they are asked about why they left, and they cannot say. Over and over again, forevermore, they are forced to remember. Many are victims of NDAs; I put it in those terms specifically because NDAs themselves cause harm. The point is made by the right hon. Member for Basingstoke in her amendment, which I very much support, to the Victims Bill: in these cases, it is the NDA itself—the silencing—that is traumatising.

I was involved in this campaign initially through students. I am delighted that through cross-party support we had an amendment accepted to the Higher Education (Freedom of Speech) Act 2023; that is amazing. One of the young women I spoke to was a victim of sexual assault in her college. She was assaulted by another student. She was presented with what looked like an official document—it was not actually a legal document at all, but she did not know any different. There was essentially a gagging clause. Some clauses said that the assailant was not allowed into her accommodation or where she ate, which we absolutely support. However, a final clause said that she could not speak about her experiences publicly at all. When it was discussed at the time, it was sold as a way to protect her reputation. She should not have been talking about it on social media or Lord knows what damage it would cause to her later. Not only is that infantilising to a women—albeit a young woman, but an adult woman none the less who has the right to make her own decisions—but let’s face it: the reputation being protected in this case was that of the university and the college.

[Dame Maria Miller]

I thank the hon. Lady for giving way and for her support today. She talks about the importance of protecting reputations. The reason why employers sometimes say that they want a non-disclosure agreement signed is that it will save an individual leaving a company and starting to talk badly about those left behind. Surely, we already have laws on defamation that cover that, so that is not a very good argument. Does she agree?

Commonwealth Parliamentary Association

Debate between Layla Moran and Maria Miller

Thursday 6th July 2023 Commons Chamber

[Dame Maria Miller (Basingstoke) (Con)]

I beg to move,

That this House supports the work of the Commonwealth Parliamentary Association; asks for parliamentary time at the earliest opportunity to change the status of the Commonwealth Parliamentary Association from a UK charity to an international inter-parliamentary organisation; and calls on the Government to effect that change.

May I start by thanking the Backbench Business Committee for granting this timely and important debate? In the debate, I speak on behalf of CPA UK executive members, Members of Parliament who value the work of the CPA, and, indeed, parliamentarians from across the British Islands and Mediterranean region—the region of which we are a part in the CPA. I know that many right hon. and hon. Members here—including the Labour Front Bencher, the hon. Member for Hornsey and Wood Green (Catherine West), the hon. Member for Oxford West and Abingdon (Layla Moran), who will respond for the Liberal Democrats, and many others—have enjoyed, benefited from and participated in many different CPA activities. That organisation is held dear in the hearts of parliamentarians both in the UK and abroad.

However, the CPA is at a turning point and needs the UK Government to act now to help secure its future. In the UK, only the Government can change the status of the CPA from a local UK charity to a bespoke international inter-parliamentary organisation, because the Government need to allocate parliamentary time to allow a short piece of primary legislation to be passed. It has for many years been acknowledged that the CPA’s status as a UK charity is not appropriate for an association of equals. The CPA membership includes parliamentarians from South Africa to Singapore, Ghana to Guyana and Canada to Cyprus, and all are equal members of the organisation, which is one of the oldest Commonwealth organisations.

Its status as a UK charity is completely out of kilter with the reality of the organisation’s work. The CPA was founded back in 1911 to promote the advancement of parliamentary democracy, but continuing to be a UK charity today simply reinforces an outdated vision of the Commonwealth and the UK’s place in it. Long-standing demands for recognition of its modern status as a bespoke international interparliamentary organisation reached boiling point at the general assembly meeting in Halifax, Canada, last year, where it was decided that unless substantial progress had been made to change the status of the organisation within 12 months, members would resolve to move the headquarters from the UK.

A change in status will allow the CPA to more effectively serve its members, removing damaging frictions caused by an inappropriate status, making clear that all members are on an equal footing, to reflect the modern view of the Commonwealth, and representing the CPA’s own principles of equality and diversity. In the UK, that requires primary legislation.

To assist the Government, I have retabled a short Bill, the Commonwealth Parliamentary Association (Status) (No. 2) Bill, which was first introduced by my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) around a year ago, to make those changes quickly and at no cost—I reiterate: at no cost. It is a point that has already been agreed with Foreign, Commonwealth and Development Office officials, leaving no policy differences between the CPA and the FCDO in taking this issue forward.

The Bill has widespread cross-party support both here and in the other place but requires parliamentary time to be passed. The Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), is on the Front Bench, having picked up the reins on this at relatively short notice; I very much appreciate that, and I know the whole House will. I hope she will be able to confirm today that parliamentary time is being made available, because our time is running out.

Over the many years of discussion between the CPA and the Foreign and Commonwealth Office, before it became the FCDO, policy differences, by and large, have been resolved. In particular, the change in status is not seen as coming under the International Organisations Act 1968, because the CPA does not fit those criteria, and that issue was dealt with when others were chairing the organisation. My Bill, which the Minister will have seen, would therefore require a bespoke status, not a status under that Act, which would have caused problems. The new Bill has no extra costs for the UK taxpayer over and above the tax advantages already available to a UK charity, which the CPA is.

If we do not make significant progress on this legislation before the summer recess, the UK’s hosting of the CPA’s secretariat will be lost. That will create a real risk for the whole organisation, given the very different views on its possible future. An apparent lack of prioritisation in the UK places in question our commitment to the Commonwealth institutions themselves, and, indeed, our reputation could be unnecessarily diminished, all for not making this very small change that requires legislation.

As the Minister will be aware, the CPA has given good notice of its concerns and the need for change. To put it simply, parliamentarians from many countries take issue with having to make CPA subscription payments from their taxpayers’ money to a UK charity.

[Layla Moran (Oxford West and Abingdon) (LD)]

I congratulate the right hon. Lady on securing the debate, and I want to put on record my and the Liberal Democrats’ support for her Bill, which should be very simple to pass. From my dealings with other parliamentarians across the world, I know that the fact that the CPA is held here, in the mother of Parliaments, matters a lot to them. They feel that it is important to see how it is done by the oldest institution, and we also gain a huge amount from it. Does she agree that the loss of that would be unconscionable to this place?

[Dame Maria Miller]

Yes. Many Members here today will have known the value of meeting incoming delegations and being part of outward delegations. It gives us, as parliamentarians, an understanding of the world in which we are operating, in the same way that other organisations do, including the Inter-Parliamentary Union—we are pleased to have the chair of the British Group of the IPU, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), with us today. These organisations are valued by parliamentarians, and we need to ensure that the Government are aware of that and take appropriate action.

I want to reiterate the reason why this change in status is so important. Countries that are members of the CPA make payments, ultimately, from their taxpayers’ money to a UK charity. Those concerns are held most strongly by parliamentary colleagues in the Africa region of the CPA. That is understandable: it is incongruous at best for them to be making payments for membership of an international organisation when it looks on their books as if they are making payments to UK charities. We have to understand that, and sympathise and empathise with it.

Other organisations have already ensured that they are structured in an appropriate way. French legislation underpins the CPA’s francophone counterpart in Paris, the Assemblée Parlementaire de la Francophonie, and the Inter-Parliamentary Union has a Geneva headquarters agreement with Switzerland. The need to follow those international examples is particularly true for an international institution such as the CPA, which is all about the importance of parliamentary democracy, and the Commonwealth charter to which we and our fellow member states are signed up commits us to that.

This Parliament’s actions regarding the CPA’s status may appear peripheral to some, but in fact, they spill over into our relations with very near family members. Other members of the British family that are involved in the CPA include the devolved legislatures in the UK, the Crown dependencies and the overseas territories. They are all active members, and they too support the need to resolve this situation. The Government need to take that much more into account, not least because those organisations are concerned that they could be damaged by association should Westminster not be able to resolve this amicably. All also look to His Majesty the King as Head of State, as do the 14 other realms. At the coronation in May, we saw the huge importance attached to the Commonwealth, with His Majesty now head of the Commonwealth in succession to Her late Majesty, Queen Elizabeth.

At its April meeting in Gibraltar, the CPA executive agreed to continue to support efforts to persuade the UK Government to make the necessary changes, but— to be very clear—that is contingent on achieving new legislation by the time that the CPA’s Commonwealth parliamentary conference takes place in Ghana at the end of September, just a few short weeks away. The House should know that the CPA executive is already working on a relocation package for the secretariat, including a timeline and procedure for assessing future host countries. This is not a hollow threat: it is something that is already happening. To restate, should the UK not pass new legislation by the end of September, the organisation will proceed with relocation outside of the UK from October 2023.

There appears to be absolutely no reason why the Bill should take much parliamentary time, given the clear support for it in both Houses—my right hon. Friend the Minister will have heard that already from Opposition Members. It involves no additional costs for the UK taxpayer. It has been suggested that any change in status would create an unhelpful or unwelcome precedent, but with respect, that argument does not bear any scrutiny at all. The CPA’s case is unique. It is an international inter-parliamentary organisation headquartered in the UK. There are no others. When we pressed for examples of comparators, not a single one on the list could make a similar case. Some were international organisations, undoubtedly worthy but headquartered elsewhere and with no particular link to the UK. There were territories or groups of states and Governments—again, completely different and not parliamentary in category, and obviously not headquartered in the UK. Legislation to recognise the status of the CPA and the secretariat’s location here in the UK does not create a precedent, so that cannot credibly be cited as a reason for inaction.

Parliamentarians from around the globe tell us that they would like the CPA secretariat to remain in London. London works well as a location for the secretariat: here on the parliamentary estate, the secretariat can attract talented staff from a diverse pool. Hosting the CPA is a small but important example of the UK’s soft power, and I hope my right hon. Friend the Minister can use her good offices to ensure that time is given to pass the modest Bill required to change the status of the CPA in the time remaining before the annual assembly meeting in September. That would demonstrate not only our commitment to the Commonwealth, but the importance of strong democracies around the world.