Dáil Éireann Debate, Tuesday - 8 October 2024
184. Deputy Ivana Bacik asked the Minister for Education if she is aware of interviewees for the scoping inquiry on historical sexual abuse in schools who had previously signed non-disclosure agreements in respect of their schooling years; her views in the prevalence of non-disclosure agreements as a chill factor for victims of institutional childhood abuse; and if she will make a statement on the matter. [39813/24]
Amharc ar fhreagraThe Report of the Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools Run by Religious Orders indicates that survivors have criticised the use of Non-Disclosure Agreements (NDAs) on the basis that they see them as an unfair mechanism used to silence individuals and protect organisations who have committed criminal acts.
A number of survivors indicated to the Scoping Inquiry that they were concerned that the terms of NDAs which they had signed as part of settlements or compromise agreements might prohibit or restrain them from fully engaging with a future inquiry.
The Scoping Inquiry Report observes that, as NDAs are by their nature contractual, the particular restrictions or limits on disclosure depend on the terms of the contract. However, notwithstanding the terms of any particular NDA, the Report concludes that a statutory inquiry would be able to use its powers to compel attendance of a witness to give evidence.
As a matter of practicality, and in order to assuage the concerns of any potential witnesses who may have signed NDAs, the Report of the Scoping Inquiry envisages that an inquiry could ask such persons to contact the inquiry and, if such evidence is considered relevant, the inquiry could then use its statutory powers to require them to attend to give evidence.
