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Dáil Éireann debate -
Tuesday, 7 Nov 2000

Vol. 525 No. 2

Adjournment Debate. - Genetic Testing.

I thank the Minister of State for being present. Last month the British Govern ment announced that insurance companies will be allowed to use the results of genetic tests to identify people with hereditary illnesses. The British Government was acting on advice from the genetics and insurance committee, an advisory body reporting to the Department of Health in Britain, which believes that by allowing insurers to have access to genetic information it may benefit some people.

Initially testing is to be requested for Huntingdon's Disease. Insurers in the UK have legal permission to ask new policy holders whether they have taken a gene test for a fatal degenerative disorder such as Huntingdon's Disease and to acquire the results of the test. What is one to do if one has a family history of such a disease? Should one not take the test so that one can truthfully answer "no" when filling out one's insurance application and take the risk of not taking a gene test and identifying whether one is at risk of developing an inheritable disease?

The initial request from the insurer only relates to Huntingdon's Disease but hereditary breast cancer and Alzheimer's Disease are expected to follow. Britain is the first country to allow insurers to use results of genetic tests to identify people with hereditary illness and in doing so the British Government rejected advice from its human genetic advisory commission which recommended a moratorium on the use of information from tests for genetic illnesses.

Other countries such as Holland, France and Norway have banned the use of gene tests by insurers, as has the United States. Genetic information is private and should not be used to reduce the risk insurance companies must bear. They are in the business of taking risks. Those who take out insurance are already required under insurance company law to reveal details of their medical history but the question of requesting a genetic make up is a completely different scenario.

Regardless of how the insurance companies in the UK are regulated we should not allow such a scenario to arise in Ireland where those seeking life assurance could be discriminated against on the basis of their genetic make-up. Given that many of the life assurance companies operating in Ireland are UK-based it is important we are clear on how they must operate here with regard to genetic information.

Irish-based insurance companies can request or require an individual to give up gene test results. There is nothing preventing them doing so. However, they are not doing so yet, but unless there is action it may be too late. The majority of geneticists worldwide are opposed to the use of genetic information by insurance companies. It was unanimously decided at the international congress of geneticists held in Birmingham a number of years ago that genetic information should in principle be private and health insurance companies should be prevented from using genetic tests to adjust premia.

Genetics is racing ahead but genetic testing needs to be regulated. If eminent geneticists are advising us to do so, why has it not been done? I have questioned the Minister of State on this subject previously and he said legislation is not required yet. We must prepare for the regulation of genetic testing, however, to ensure there will not be discrimination on the basis of one's genetic make-up. It is only a matter of time before there will be screening for genetic diseases.

The decision taken in Britain could have major consequences for us in Ireland. The Government must act without hesitation to prohibit discrimination by life insurance companies on the basis of one's genetic make-up.

The issue of genetic testing is of great importance for public policy as it involves complex issues, including public health issues, protection of personal data, insurance solvency and consumer protection. As the Deputy may be already aware, the insurance industry in Ireland does not request information about those proposing for life assurance policies.

The Irish Council for Science, Technology and Innovation, ICSTI, which operates under Forfás, has established a task force on biotechnology. The task force has recently been examining, among others, the issue of genetic testing. The Irish Insurance Federation has prepared a draft code of practice on genetic testing for its members and discussions are currently ongoing between the task force and the IIF in relation the draft code of practice.

Our officials have also been consulted by the IIF about the draft code of practice. The draft code sets out the conduct to be followed by the industry in Ireland in regard to use of genetic tests and seeks to balance the legitimate interests of insurers and of the totality of policy holders with the concerns of individual consumers. Our understanding is that the industry intends that applicants for insurance policies will not be required to undergo a genetic test to obtain insurance.

However, in accordance with current requirements that a client act with utmost good faith, life assurers expect individuals, who have previously undertaken a genetic test, to disclose full details at application stage. This is to protect the insurance company from being selected against and to protect other insurance policy holders, who would have to pay more into the insurance pool. The industry is prepared to agree to ignore the results of genetic testing in respect of mortgage protection policies up to a limit to be determined. No one will be required to disclose the result of a genetic test taken after the policy is taken out nor the test results of any relative. The draft code confirms that existing provisions relating to confidentiality of medical evidence will also apply to genetic information.

While I welcome the initiative by the industry, I am conscious of the need to consider whether Government regulation in this area is warranted. There are complex issues at stake, including public health concerns. Accordingly, I have asked that a process of consultation with interested parties be undertaken by our Department. When this process is completed and we are in a position to consider this matter, having regard to all of the relevant factors, I will consider what, if any, action is required, at that time.

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