Dáil Éireann Debate, Tuesday - 30 November 2021
200. Deputy Pearse Doherty asked the Minister for Finance the body that is responsible for enforcing section 5(2)(F14) of the Equal Status Act 2000; the person with the responsibility to ensure that insurers are not discriminating on the grounds of disability except in instances in which that disability actually results in greater insurance risk; and if he will make a statement on the matter. [58444/21]
View answerAs Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Neither I, nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept. This position is reinforced by the EU framework for insurance, which expressly prohibits Member States from adopting rules that require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.
As the Deputy will be aware, neither my Department nor I have responsibility for the enforcement of the Equal Status Acts 2000-2018, which fall under the remit of my colleague, the Minister for Children, Equality, Disability, Integration and Youth, and I am unable to comment on the specific scenario that the Deputy has asked about. On a general level, the Equal Status Acts prohibit certain kinds of discrimination in the provision of goods, facilities and services, obtaining or disposing of accommodation and in relation to educational establishments. The legislation protects against discrimination on nine specific grounds, including disability. However, in relation to insurance, the Deputy should be aware that the legislation also provides that people can be treated differently on any of the grounds (except gender) – but only if the differences are based on actuarial or statistical data or other relevant underwriting or commercial factors and are reasonable.
From a financial services perspective, where somebody feels they have been treated unfairly by a particular insurance provider, they have the option of making a complaint to the Financial Services and Pensions Ombudsman (FSPO). The FSPO acts as an independent arbiter of disputes that consumers may have with their insurance company or other financial service provider. The FSPO can be contacted either by email at info@fspo.ie or by telephone at 01-567-7000.
Finally, it may be useful for the Deputy to know that Insurance Ireland, the representative body for the insurance industry in this country, operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to insurance. This Information Service can be contacted at feedback@insuranceireland.eu.
