Non-disclosure Agreements 2020-11-02

2020-11-02

TAGS
Response quality

Questions & Answers

Q1 Partial Answer
Context
Kevan Jones inquired about the use of non-disclosure agreements (NDAs) within his Department's defence programmes, focusing on recent trends and necessity.
What recent assessment has been made of trends in the number of non-disclosure agreements used within my Department's defence programmes? I am concerned that these NDAs are being overused when they should be an exception.
The Ministry of Defence only uses non-disclosure agreements in its commercial arrangements by exception, when there is a specific need. Although no trend analysis has been undertaken, it remains the case that NDAs are only used where absolutely necessary.
Assessment & feedback
No trend analysis has been undertaken and no specifics on current usage trends or necessity of NDAs were provided.
Response accuracy
Q2 Partial Answer
Context
Concerns are raised about NDAs used in pre-bid stages, potentially restricting companies' ability to engage with Members of Parliament or Ministers. US primes like Boeing and Lockheed Martin reportedly refuse such agreements.
I accept that NDAs are important for financial contractual obligations, but is the Minister aware that his Department is asking industry at the pre-bid stage to sign NDAs that actually exclude companies from speaking to MPs or Ministers? I understand some US primes like Boeing and Lockheed Martin are refusing to sign these NDAs. Why is this happening?
I am not aware of any company complaining about NDAs. If the right hon. Gentleman is aware of some, I would really encourage those companies to get in contact with me directly and I will take it up.
Assessment & feedback
The specific issue regarding NDAs preventing communication was not addressed; instead, the Minister invited complaints without addressing current practices or reasons behind them.
Response accuracy