Dáil debates

Thursday, 17 July 2025

Central Bank (Amendment) Bill 2025: Second Stage [Private Members]

 

9:00 am

Photo of Catherine ArdaghCatherine Ardagh (Dublin South Central, Fianna Fail)

It is very welcome to see the Central Bank (Amendment) Bill 2025, also known as the right to be forgotten Bill, now before the House on Second Stage. It is a significant moment for cancer survivors across Ireland and for all those who have campaigned for fair treatment when it comes to access to mortgage protection and financial products following a cancer diagnosis. It is also a meaningful moment for me personally. I first introduced this legislation in the Seanad in October 2022 after working very closely with the Irish Cancer Society, survivor advocates and legal colleagues. That original Bill progressed to Committee Stage with strong cross-party support, including from Deputy Devine's former colleague Senator Paul Gavan. There was positive engagement from the then Government. Unfortunately, the Bill lapsed with the dissolution of the Oireachtas but the injustice it aimed to address never went away. The challenge remained and so did the commitment to fix it, including in the programme for Government, as the Minister of State, Deputy Troy has said.

I am proud to see this Bill return today as a Government Bill. I thank the Minister of State, Deputy Troy, for his dedication in ensuring this legislation was brought forward. He has worked hand in hand with me to ensure it progressed from a concept to Cabinet and now to this Chamber.

A Cheann Comhairle, the aim of this legislation is simple but essential. It is to ensure that a person who has recovered from cancer is not subject to ongoing discrimination by financial providers, particularly when applying for mortgage protection. I hope that other products will be available, like travel insurance. The Bill provides that once a defined recovery period has passed since treatment concluded, survivors will no longer be required to disclose their cancer diagnoses when applying for financial products. We all know how damaging this kind of post-treatment discrimination can be, with people having to relive their cancer diagnoses. I have heard from people who were unable to draw down a mortgage at the very last minute because of their historic illnesses. Others were quoted prohibitively high premiums or asked to submit updated medical reports despite being in remission for many years. For many, it has meant house purchases collapsing at the very last minute, family plans being put on hold, or feeling trapped by a system that continues to define them by the most difficult chapter in their lives. This is not acceptable. This is what the Minister of State, Deputy Troy's and my Bill seeks to address.

We are not acting in isolation. A number of other EU member states, including France, Germany and the Netherlands, have already legislated for the right to be forgotten. Ireland is now catching up with the standard and delivering on our programme for Government commitment to protect cancer survivors and enshrine this in our law. The Bill also builds upon the voluntary code of practice introduced by Insurance Ireland in 2023. That code has had a positive impact and I acknowledge Insurance Ireland and the insurance companies that have adopted it. However, voluntary measures are not enough. They are not enforceable and do not provide certainty to applicants and cancer survivors. This Bill gives legal effect to that protection and creates a consistent and fair approach for all. The Bill includes clear provisions for its enforcement. It establishes offences for breaches, sets out penalties and enables appropriate authorities to investigate and act. While the specific oversight body may be clarified in future regulations as the Minister of State indicated, the intent is clear. Providers who breach the law should be held accountable and survivors should have real recourse when they are treated unfairly.

I know there will be discussion on Committee Stage around timelines set out in the Bill, including the current reference to five years post treatment. I welcome debate and we should engage fully with clinical experts and stakeholders to ensure the law reflects best practice. However, the underlying principle must be maintained that a person who has recovered should not be forced to continually relive his or her diagnosis in the context of financial applications. It is about fairness but also about privacy and dignity.

I acknowledge the continued leadership of the Minister of State, Deputy Troy, who has championed this Bill and has worked across Departments to ensure it received the support it needed to get here today. I also want to thank Commissioner Michael McGrath, who supported the original Bill in the Seanad. I also acknowledge Insurance Ireland for its comprehensive engagement, and the Irish Cancer Society, which has championed this Bill since 2022. I commend the officials in the Department of Finance for their detailed and practical engagement with me and my team and for their clear commitment to delivering a workable and effective Bill. I thank all my colleagues on a cross-party basis who have supported this Bill. I thank the Irish Cancer Society's patient advocates, who have tirelessly advocated for the right to be forgotten to be enshrined in Irish law.

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