At the outset, I would like to acknowledge the sensitivity of this issue and assure you that the Government recognises the importance of ensuring that the "Right to be Forgotten" is provided for in an appropriate manner in future legislation.
The Programme for Government 2025- Securing Ireland’s Future commits to legislate for a ‘Right to be Forgotten’ for cancer survivors, requiring insurers to disregard a cancer diagnosis where treatment ended more than 7 years prior to application (or more than 5 years if the applicant was under 18 at the time of diagnosis), taking account of EU requirements.
I understand that Insurance Ireland, the industry representative group for the insurance sector, introduced a Code of Practice for Underwriting Mortgage Protection Insurance for Cancer Survivors on 6 December 2023. The first review of the implementation of the Code is currently underway and is expected to be completed in the coming months. Insurance Ireland have appointed an external reviewer to ensure that the provisions of the Code of Practice have been implemented and are being adhered to. There is ongoing engagement at official and Ministerial level with stakeholders in this area. Minister of State Troy is scheduled to meet the Irish Cancer Society next month in anticipation of the Code of Practice review and to discuss ongoing developments. Furthermore when Minister of State Troy met with Insurance Ireland earlier this month, this issue was one of the specific items discussed and the Minister drew Insurance Ireland's attention to the Government's 5 year programme and the commitment to legislate for this matter during the lifetime of this Government.
In addition, the Department continues to monitor ongoing policy developments at EU-level to address fair access for cancer survivors to financial services. For example, in February 2022, the European Parliament adopted a resolution on Strengthening Europe in the Fight Against Cancer, which included calls for Member States to implement the “Right to be Forgotten” for people who have completed cancer treatment after a specified period of time. Additionally, the European Commission has signalled its intention to introduce an EU wide Code of Conduct as part of its ‘Beating Cancer Plan’. It is important that as a small domestic market we are aligned to the greatest extent possible with developments in other EU markets so as to ensure Ireland is not an outlier.
The Deputy may also be aware, that under existing legislation, the Consumer Credit Act 1995, lenders are permitted to provide a mortgage in situations where a borrower may be unable to obtain life insurance, or where such insurance is unduly costly compared to that payable by borrowers generally. My Department will continue to monitor developments and work closely with key stakeholders at national and EU levels to progress this important piece of legislation.
