Seems to me, the settlement agreement incorporating a confidentiality / non-disclosure obligation (because that's actually what these are - a pure NDA doesn't involve the payment of cash to settle a claim) is the only alternative to forcing victims to seek redress publicly through the courts or via a criminal complaint (assuming it's criminal activity that is alleged).
If you ban "NDA" element of a settlement agreement then that leaves the following:
- you agree a settlement anyway but either side is free to make the details public. I'm not sure what incentive there is for the alleged perpetrator to settle a civil claim in those circumstances, particularly where there is a big imbalance in power and wealth. They would be more likely to try to bully the claimant into silence via an expensive legal process.
- you effectively make it impossible for claims to be settled, meaning that every victim is forced to go through a full legal process, even if they would rather take some money and keep it quiet.
Don't forget, in this case, people are alleged to have received a million pounds or more. Inadequate compensation for a sexual violation, perhaps, but not a bad deal for a bit of inappropriate non-criminal behaviour.
Would all those claimants have felt empowered enough to go through formal legal proceedings against a billionaire? Would they have had adequate evidence to go to the police and get a prosecution of it was criminal conduct? I doubt it.