Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 24:

In page 38, line 7, to delete "and".

These amendments, the first of which, amendment No. 24, is a technical drafting amendment consequential on amendment No. 25, were signalled on Committee Stage. The purpose of the substantive amendment, amendment No. 25, is to implement an extension to the recommendations of the working group on insurance-related issues in the gender non-employment directive, Directive 2004/113/EC of December 2006. In doing so, it is adding a derogation, as allowed under Article 5(2) of the directive, in respect of health insurance traded internationally where gender differentiation is allowed under the law of the country in which the product is to be sold.

This maintains the existing exemption enjoyed by Irish health insurance companies under section 2 of the Health Insurance Act 1994, as amended by section 2 of the Health Insurance (Amendment) Act 2001, to differentiate on gender grounds when selling in other countries in which the local regime permits gender differentiation in health insurance. This is a minor technical amendment to maintain the status quo. The Attorney General is of the view that the proposed amendment is compatible with the goods and services directive. This derogation is being made to support free movement of services and to allow Irish-based companies to compete equally in the internationally-traded health insurance market in other countries.

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