Ivor Callely (Dublin North Central, Fianna Fail)
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Question 179: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the difficulties that some people with an illness but not life threatening experience have in obtaining a mortgage from a financial institution and if lucky enough to get a mortgage are severely penalised on their mortgage protection policy; if he will initiate a review of practices in this area; and if he will make a statement on the matter. [10679/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Equal Status Acts 2000 to 2004 prohibit discrimination, on nine named grounds including that of disability, in the provision of and access to goods and services. The definition of services in this context is broad and would include banking, insurance, grants and credit facilities as well as access to public places, facilities for refreshment, entertainment, transport and travel services.

Differences in the treatment of persons in relation to annuities, pensions, insurance policies or any other matters related to assessment of risk is permitted only in limited circumstances. The treatment must be effected by reference to actuarial or statistical data obtained from a source on which it is reasonable to rely, or to other relevant underwriting or commercial factors, and it must be reasonable having regard to that data or other relevant factors.

The Equality Authority has a broad mandate under the Equal Status Acts 2000 to 2004 to combat discrimination and promote equality of opportunity in the areas covered by the Acts. It also has a role in providing information and advice to any person who feels that he or she has been discriminated against on any of the grounds covered in the equality legislation.

A person who feels he or she has been discriminated against contrary to the Equal Status Acts, may seek advice from the Equality Authority and may make a complaint directly to the Equality Tribunal seeking redress. While each such case is considered on its own merits, national case law suggests that it is possible that the concept of disability, as it is defined for the purposes of the Equal Status Acts, may encompass the disabling effects of illness.