Commons Sense

House of Commons · Ministers' Questions

Non-disclosure Agreements

Tuesday 14 May 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 0 Partly answered 2 Not answered 0

Key points

  • Confidentiality clauses are used in compromise agreements to resolve disputes without court involvement and without admitting liability.
  • The Government has tabled an amendment to make NDAs void if they restrict reporting to the police or accessing medical support.
  • Victims have felt unable to report incidents or access counselling due to confidentiality clauses in compromise agreements.

Topics (select to filter)

Questions & Answers

Q1 Wera Hobhouse Lib Dem Bath
Women & Equalities
Context

The question arises from concerns about the impact of NDAs on victims reporting such incidents. The Legal Services Board reported that signatories suffer severe impacts due to fear of retribution.

Question

Whether he has had recent discussions with Cabinet colleagues on the use of non-disclosure agreements in sexual assault, harassment and misconduct cases. Thousands of people are silenced due to NDAs and gagging clauses in alleged sexual violence, bullying and harassment cases. Pregnant Then Screwed reported 435,295 mothers have been gagged by an NDA or confidentiality clause.

Answer from Laura Farris

Confidentiality clauses are used in compromise agreements where disputes are resolved without going to court and without admission of liability. The Government has tabled an amendment to make any NDA void if it restricts the right to report acts to police or access medical support. However, confidentiality clauses only apply under the Equality Act 2010 in employment, education, and service provision. They are not used in criminal cases.

Partly answered

Not addressed: The specific ask about supporting a statutory ban was not directly addressed.

How: Under Review

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Q2 Wera Hobhouse Lib Dem Bath
Women & Equalities
Context

NDAs are used to silence victims reporting alleged sexual violence, bullying, and harassment. The Legal Services Board reported that signatories suffer devastating impacts due to fear of retribution.

Question

Thousands of people are silenced due to non-disclosure agreements and gagging clauses in cases of alleged sexual violence, bullying and harassment. Pregnant Then Screwed has said that an estimated 435,295 mothers have been gagged by an NDA or confidentiality clause. Why does the Government hesitate about supporting a statutory ban on NDAs?

Answer from Laura Farris

Confidentiality clauses play a role in compromise agreements without admission of liability. Victims have felt they could not report incidents or access counselling, but the Government has righted this wrong with an amendment making NDA void if it restricts police reporting and medical support access. However, these clauses apply only under the Equality Act 2010 for employment, education, and service provision.

Partly answered

Not addressed: The specific ask about supporting a statutory ban was not directly addressed.

How: Under Review

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How accurate was this summary? (1 = poor, 5 = spot on)