Vol. 525 No. 5
163 Mr. G. Mitchell asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will make a statement on the implications of genetic testing and the code to be granted by the insurance industry (details supplied). [25813/00]
The issue of genetic testing is of great importance for public policy, involving complex issues including public health issues, protection of personal data, insurance solvency and consumer protection. The insurance industry in Ireland does not, at present, request genetic information about those proposing for life assurance policies.
The Irish Council for Science, Technology and Innovation, ICSTI, which operates under Forfás, recently set up a task force on biotechnology. The task force has recently been examining, among others, the issue of genetic testing. The Irish Insurance Federation, IIF, 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 to this 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 relation to use of genetic tests and seeks to balance the legitimate interests of insurers and of the totality of policyholders with the concerns of individual consumers. My understanding is that the industry intends that applicants for insurance policies will not be required to undergo a genetic test in order 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 and to protect other insurance policyholders who would have to pay more into the insurance pool.
I understand that 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. In addition, 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. I understand that 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. As I have said, 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 my Department. When this process is completed, I will consider what, if any, action is required.
