Tom Fleming (Kerry South, Independent)
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Question 157: To ask the Minister for Finance the measures being put in place to ensure that car, life and health insurance companies will not use the European Court of Justice ruling on gender which will come into effect on the 21 December 2012 to effect a mass increase in premiums as opposed to a pricing structure based on the average risk; and if he will make a statement on the matter. [9312/12]

Michael Noonan (Limerick City, Fine Gael)
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The Deputy should note at the outset that neither the Central Bank, nor I have powers to direct an insurance company as to how it should price its insurance policies. This is a commercial decision for the company in question. However in relation to the European Court of Justice ruling in the Test Achats case, the EU Commission has brought out guidelines on the application of the court judgement because it centres on an interpretation Council Directive 2004/113/EC of 13 December 2004 which implements the principle of equal treatment between men and women in the access to and supply of goods and services. These guidelines cover the impact of the Test Achats ruling including the contracts concerned.

The EU Commission also indicate in their guidelines that they would like to encourage a competitive and innovative industry such as the insurance sector to make the necessary adjustments and offer attractive unisex products to consumers without an unjustified impact on overall price levels. The Commission further indicate that they will remain vigilant in following the evolution of the insurance market in order to detect any unjustified rise in prices attributable to the Test Achats ruling, including the use of the tools that are available under competition law in the event of alleged anti-competitive conduct.

Finally, the Deputy might wish to note that the Commission will report on the implementation of the Test Achats ruling in national law and in insurance practice in 2014 in the context of a more general report on the implementation of the Directive.