Baroness O’Grady of Upper Holloway (Lab)

My Lords, it is a pleasure to follow my noble friend Lady Chakrabarti and to support Amendment 101 in the names of my noble friend Lady Kennedy and the noble Baronesses, Lady Kramer and Lady Morrissey. I think that many of us are speaking in support of all the amendments that are trying to achieve the same result, and it is a real tribute that the strength of support is so broad across the Committee. I have warmly welcomed the whole Bill, including the Government’s commitment to ensuring that employers take reasonable steps to prevent sexual harassment. I thank the Minister for meeting with me to discuss the issue of non-disclosure agreements. My concern is that the Government’s current proposals to deal with the scandal of abusive non-disclosure agreements under whistleblowing legislation fall short of the fundamental principle, for me, that every victim/survivor should have the right to speak up and seek support. The use of NDAs to cover up abuses of power, we all know, happens in every walk of life. This is not just about Westminster, the City of London, the media and entertainment industries, trade unions, the church or higher education. Let us not forget the all-male Presidents Club charity dinner for captains of industry at the Dorchester Hotel, and the 130 young women, paid £150 for a 10-hour shift, who were handed five-page non-disclosure agreements just moments before they went out to serve. According to a CIPD survey, one in five employers have used NDAs in cases of sexual harassment. My worry is that the public interest test contained in whistleblowing legislation sets a very high bar for protected disclosure, and that most victims will remain silenced. What about, for example, if the perpetrator is not prominent in public, business or cultural life? Can the Minister confirm whether a disclosure by workers would meet the public interest test in those circumstances? Or what about one individual worker who is harassed and does not know whether other workers are at risk? Will that satisfy the criteria for public interest under whistleblowing law? Perhaps the Minister can also confirm whether government proposals cover only sexual harassment? Or do they also cover racism and all forms of harassment faced by those with protected characteristics under equality law? Will misconduct such as bullying on those grounds be included? I thank the Minister for that meeting and for writing to me afterwards. I agree that there will be lessons to learn from new legislation in Ireland and elsewhere, but I cannot agree that that is a reason for holding back. If ever there was a case for going further and faster, then this is it. Women and all those suffering in silence have waited long enough. The TUC—I should declare that I am a former general secretary—has long held a position that NDAs should not be used in any case of harassment, discrimination or victimisation. According to a report published this year, again by CIPD, nearly half of employers would support a ban on the use of NDAs, with only 18% opposing such a ban. Can’t Buy My Silence and other campaign groups enjoy huge public support. There is a broad cross-party consensus for action that unites both sides of industry. Will the Minister reassure us today that the door is still open for the Government to strengthen the Bill along the lines proposed by my noble friend Lady Kennedy and, importantly, send a message to all those who have suffered alone and in silence, and to all those who, as a result of that silence, have been put at risk, that real change is on its way?