Commons Sense

House of Commons · Ministers' Questions

Non-disclosure Agreements

Tuesday 20 February 2024 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 1 Not answered 0

Key points

  • Sarah Green asked the Minister about discussions on the use of non-disclosure agreements in judicial processes.
  • The Minister stated that NDAs cannot prevent legal disclosures or the assertion of statutory rights.
  • Sarah Green also inquired about the need for stronger regulatory measures in response to concerns raised by the Legal Services Board.

Topics (select to filter)

Questions & Answers

Q1 Sarah Green Lib Dem Chesham and Amersham
Justice & Courts
Context

The question arises from concerns over the legal implications and enforceability of NDAs in judicial contexts.

Question

What discussions he has had with Cabinet colleagues on the use of non-disclosure agreements in judicial processes. The courts and judiciary apply the law in relation to NDAs as appropriate in individual cases and, where necessary, determine whether or not they should be enforceable.

Answer from Mike Freer

Non-disclosure agreements cannot prevent any disclosure that is required or protected by law; nor can they preclude an individual from asserting statutory rights. The courts and judiciary apply the law in relation to NDAs as appropriate in individual cases and, where necessary, determine whether or not they should be enforceable.

Answered
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Q2 Sarah Green Lib Dem Chesham and Amersham
Context

A statement by the Legal Services Board highlighted concerns over lawyer misconduct involving NDAs, suggesting a need for enhanced regulatory measures. A Bill has been proposed to address misuse of NDAs.

Question

Last year, the Legal Services Board stated that incidents of misconduct by lawyers dealing with non-disclosure agreements were a “cause for concern”, and that there was a strong case for a strengthened and harmonised regulatory approach. Does the Minister agree that there is a need for stronger regulation in this area, and will he support the Bill tabled by my hon. Friend the Member for Oxford West and Abingdon (Layla Moran), which would end the misuse of non-disclosure agreements in the workplace?

Answer from Mike Freer

I am more than happy to have a discussion with the hon. Lady, but my understanding is that the Solicitors Regulation Authority has already published a warning notice reminding solicitors and law firms that potential professional misconduct by a person or a firm should be reported to the regulator. If she believes that there are still gaps in that warning notice, or that more needs to be done, I am more than happy to have a meeting.

Partly answered

Not addressed: Support for Layla Moran's Bill and concrete backing of stronger regulation were not explicitly stated

How: I Am More Than Happy To Have A Discussion With The Hon. Lady

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