- Victims now never prevented from reporting crimes under NDAs
- Victims can seek vital support or advice without fear of
retaliation and see justice done
- Builds on launch of campaign to raise awareness of the
Victims’ Code
Victims will no longer be prevented from accessing vital support
or legal advice under plans to crack down on the misuse of
non-disclosure agreements (NDAs) or so-called ‘gagging
orders’.
Confidentiality clauses, or NDAs, can protect sensitive
employment information, yet too often they are misused to silence
victims - denying them access to justice or support services to
rebuild their lives.
Changes to the law announced today (Thursday 28 March) will
clarify that NDAs cannot be legally enforced if they prevent
victims from reporting a crime and will ensure information
related to criminal conduct can be discussed with the following
groups without fear of legal action:
- police or other bodies which investigate or prosecute crime
- qualified and regulated lawyers. -other support services such
as counsellors, advocacy services, or medical professionals,
which operate under clear confidentiality principles.
Lord Chancellor and Secretary of State for Justice, , said:
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.
Our changes will clarify in law once and for all that these
gagging orders cannot be legally enforced against victims to
prevent justice from being delivered and their voices being
heard.
Victims and Safeguarding Minister, ,
said:
Sexual harassment is unlawful in the workplace, and it is
unacceptable that a few unscrupulous employers have previously
sought to construct confidentiality clauses in settlement
agreements, that suggest victim cannot report a crime to the
police. This has never been the case and today we are making that
crystal clear in law.
I want to thank all those who have campaigned for change in this
area, including Dame , for their help in achieving
this.
Legislation will be introduced as soon as parliamentary time
allows.
The announcement follows the launch last month of a campaign to
raise awareness of the Victims’ Code.
Through the Victims and Prisoners Bill, the principles of the
Code will be placed on a statutory footing, and police,
prosecutors and other frontline staff will have a duty to ensure
victims know the services and support that they are qualified to
receive - including the entitlement to be referred to a support
service, receive updates on their case and to make a victim
personal statement.
The government is also continuing to bolster support services,
delivering a 24/7 Rape and Sexual Abuse Support Line, quadrupling
victims funding by 2024/25, up from £41 million in 2009/10, and
using ringfenced funding to increase the number of MoJ-funded
Independent Sexual Violence and Domestic Abuse Advisors to around
1,000 – a significant increase by 2024/5.
Further information
Disclosure will be permitted providing it is relevant to criminal
conduct and for the purpose of reporting a crime or accessing
support or advice.
Other parts of confidentiality agreements including provisions in
respect of commercially sensitive information, financial
agreements and any other obligations unrelated to the disclosures
that we are permitting will retain their legal effects.
