By Gabriel Princewill-
The government has announced plans to enact legislation preventing NDAs from hindering victims’ access to essential support or legal recourse.
Non-disclosure agreements, often used to protect sensitive employment information, have been exploited to silence victims, depriving them of justice and support services crucial for rebuilding their lives.
Mps have responded to key recommendations to emerge from the Treasury’s committee’s Sexism in the City inquiry, which raised concerns about a lack of progress in promoting and protecting women in one of the UK’s most lucrative industries.
The MPs were also critical of “widespread misuse” of non-disclosure agreements (NDAs), saying they had the effect of “silencing the victim of harassment and forcing them out of an organisation,
The proposed changes will clarify that NDAs cannot be enforced if they prevent victims from reporting a crime.
Furthermore, the law will ensure that information related to criminal conduct can be shared with specific groups without fear of legal repercussions, including police, qualified lawyers, and support services such as counsellors and medical professionals.
Lord Chancellor and Secretary of State for Justice, Alex Chalk, emphasized the government’s commitment to ending the misuse of NDAs, stating: “We are bringing an end to the murky world of non-disclosure agreements which are too often used to sweep criminality under the carpet and prevent victims from accessing the advice and support they need.”
Victims and Safeguarding Minister, Laura Farris MP,(pictured) echoed this sentiment, condemning the exploitation of NDAs by some employers to silence victims of sexual harassment.
Farris emphasized that confidentiality clauses should never prevent victims from reporting crimes to the police, stressing the government’s determination to clarify this in law.
The proposed legislation, to be introduced when parliamentary time allows, marks a significant step towards protecting victims’ rights and ensuring their voices are heard.
It follows the launch of a campaign last month to raise awareness of the Victims’ Code, with plans to enshrine its principles in statutory law.
Under the Victims and Prisoners Bill, frontline staff will be obligated to ensure victims are informed about the support services available to them.
The government’s commitment to bolstering support services for victims is evident, with initiatives such as the 24/7 Rape and Sexual Abuse Support Line and significant increases in funding for victim services.
Through the quadrupling of victims funding by 2024/25, and increasing the number of Independent Sexual Violence and Domestic Abuse Advisors, the government aims to provide comprehensive support for victims of crime.
The crackdown on the misuse of NDAs represents an important moment in prioritizing victims’ wellbeing and holding perpetrators accountable for their actions.