UK ministers move to curb NDAs after Walliams allegations

By Elena Vasquez

Ministers are examining ways to change the law quickly to stop non-disclosure agreements covering up harassment or discrimination, following allegations about David Walliams. The changes could extend protections beyond employees to freelancers and volunteers within weeks, without new legislation.

The Guardian and ITV News reported that Walliams, one of Britain's best-known television personalities and a top-selling children's author, used his power and status to prey on young women for sex. Reports followed that NDAs were used by an employer to silence at least one woman connected to him. Walliams denies any wrongdoing.

What could change?

The Employment Rights Act already bars NDAs being used to stop employees disclosing possible harassment or discrimination. A recent government consultation examined extending that protection more widely, and those moves are now expected to accelerate.

The likely vehicle is a meeting next week between culture secretary Lisa Nandy and representatives from TV, film, publishing and sport — sectors that rely heavily on freelance or contract staff.

One government official said: "We are very much in the space of looking at areas that we can change quickly and without legislation if there are loopholes. It is still early but extending these protections beyond employees is definitely the sort of thing we are looking at."

A second possible change concerns crime. Existing legislation already blocks NDAs from stopping victims or witnesses giving information to specified bodies such as police or regulators. Extending that protection so people could speak about crimes to anyone, including the media, is under consideration.

What have campaigners and ministers said?

Campaigners were already pushing for stronger safeguards before the Walliams allegations and before the conviction of Russell Brand, who was jailed on Monday for rape and sexual assault.

Zelda Perkins, a former PA to Harvey Weinstein, broke an NDA that barred her discussing the now-jailed producer's predatory behaviour and has become a leading campaigner against NDA misuse. She said she hoped the government, led by the Department for Business, Innovation, Science and Trade (DBIST), would be galvanised by the Walliams case.

"I have great confidence that [DBIST] are trying to create the best possible version of this," she said. "But extending protections over harassment and discrimination beyond employees is absolutely key, and this is something where we need to keep up the pressure. The last couple of weeks have really highlighted the issues around this."

Answering questions in the Commons on Wednesday, Nandy agreed with a Conservative question about the need to stop NDAs being abused, calling them "central" to the problem of enforced silence.

"I am working closely with colleagues at MoJ [Ministry of Justice]," she said. "I've discussed this issue with them over recent days. This will be part of the conversation that we have with the creative industries when I convene the roundtable next week."

What about the longer-term law change?

Separate moves, on a longer timeline, are likely to change the law so that any adult who has penetrative sex with a child under 16 would automatically be charged with rape. Louise Casey's review into sexual abuse grooming gangs, published last year, recommended the change after concerns that some gang members faced less serious charges by claiming the victim had consented.

Lady Casey has called for swifter action to protect children and young people from high-profile men, and has urged ministers to close such loopholes.

An official said: "This was happening anyway, but there is pressure to move quickly in the light of this week. We are looking at it, but we don't yet know when it might happen."

The takeaway: next week's roundtable will show whether ministers can close the freelancer loophole without waiting for Parliament.