IRELAND

The origins of the Irish legislation were in 2021, when Can’t Buy My Silence collaborated with Senator Lynn Ruane on drafting a “model bill” to restrict NDAs, which Senator Ruane tabled in the Seanad or Irish Senate.

The Senate Bill restricted the use of non-disclosure agreements in workplace discrimination, sexual harassment and victimisation cases. "Excepted" NDAs which could be requested by complainants were subject to a number of conditions, including harm to the public interest, limited duration and harm to third parties. The Senate Bill - which took the form of amendments to the existing Employment Equality Act - was passed by the Seanad in October 2023 and proceeded to the Dail (or Upper House/House of Commons).

On the 23rd of October 2024 the Maternity Protection (Amendment) Bill 2024 was passed by the Irish Dail (or Upper House/House of Commons). The final legislation also included conditions for "excepted" NDAs including independent legal advice, complainant preference, plain language drafting and a 14 day "cooling off" period before accepting an NDA. It also includes a list of individuals who can always be consulted even where there is an NDA. However it no longer includes the public interest and third party harm conditions of the earlier Seanad Bill.

Nonetheless, the Irish legislation is the first "whole-country" law to be passed restricting NDAs and is a very significant step towards the protection of Irish workers from abusive NDAs.