Baroness Goudie (Lab)

My Lords, I support Amendments 98, 101 and 101A, and Amendment 101C, which is in my name. Also, I support my noble friends Lady O’Grady, Lady Kennedy and Lady Chakrabarti, and the noble Baronesses, Lady Morrissey and Lady Kramer, and the work they have done on these issues over the years. I thank Members of the other place for their support, including the meeting they called for us with Zelda Perkins last week, which was really helpful, and the organisations outside that have written to us all over a long period asking for support on this issue. These amendments are all about harassment, which, surely, we are all against. If not, it is about time we were. Harassment includes sexual harassment and, surely, we are all very concerned about sexual harassment. It is obvious that we cannot combat sexual harassment effectively, which is what is required, if it is hidden from the light of day by being covered up by, or on behalf of, the perpetrator. We know that perpetrators get away and get jobs in other places. It is pernicious that all too often it is covered up and deliberately hidden from sight by so-called non-disclosure agreements. The title does not sound as objectionable as cover-up agreements, but that is precisely what they are. They are cover-up agreements, in intention and effect. They impose a positive obligation not to disclose what should otherwise be disclosed. They are pernicious, and bad apples in character. They perpetuate harassment. You can get away with harassment if you can secure a non-disclosure agreement by paying a bribe. Nothing could be more anti-social. Nothing represents a more toxic workplace culture or better ensures its continuation. Whistleblowers are silenced. If a disclosure is relevant, it should be disclosed—that is, a disclosure about harassment that has been committed, is being committed or is likely to be committed. They are all highly relevant exposures, which would thereby avoid harassment. This is about ethical standards and workplace misconduct—indeed, gross misconduct. It is not about protecting confidential business information. I say that because that is important. We understand those non-disclosure agreements. This is about sexual harassment. On one hand, transparency and freedom of expression are virtues. On the other, confidentiality, privacy and the protection of personal data are virtues. There can be tensions between legitimate considerations that may tug in different directions. Balances have to be struck but—and it is a big “but”—that may not work well when one party is more powerful than the other. In the case of, for example, Harvey Weinstein, there may also be an important public interest in a disclosure. Non-disclosure agreements need to be properly regulated and not permitted to continue in the way they have and to have their chilling effects. This is especially so when the disclosure ban arises in the context of an employee and employer and/or relates to harassment, bullying or discrimination, including, importantly, sexual harassment, and intellectual property rights and competition considerations are not engaged. It is time to act to prevent the misuse and abuse of NDAs, which should not continue. It has continued for too long. I very much hope that the Minister will meet a group of us to see how we can consolidate a small amendment to the Bill that would strengthen it greatly.