Written answers
Tuesday, 25 March 2025
Department of Finance
Insurance Coverage
Brian Stanley (Laois, Independent)
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278. To ask the Minister for Finance his plans to prevent the discrimination of people who were seriously ill in the past, to purchase mortgage protection insurance (details supplied); and if he will make a statement on the matter. [13405/25]
Paschal Donohoe (Dublin Central, Fine Gael)
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At the outset, I would like to acknowledge the sensitivity of this issue. There are a number of regulatory and consumer protection requirements that lenders have to comply with when providing mortgage credit to consumers. For example, in most cases, a lender is legally required, under section 126 of the Consumer Credit Act 1995, to make sure that a mortgage applicant has mortgage protection insurance in place before granting a mortgage loan. This is an important statutory provision which is designed to protect the borrower's dependants and their home should the borrower die before the mortgage has been repaid.
Specifically in relation to cancer, the Insurance Ireland Code of Practice for Underwriting Mortgage Protection Insurance for Cancer Survivors, in effect since December 2023, provides Right to be Forgotten (RTBF) protections by requiring insurers to disregard a cancer diagnosis 7 years after treatment (or 5 years for those diagnosed under 18) for mortgage protection insurance up to €500,000. Insurance Ireland are in the process of undertaking a review of the implementation of its Code of Practice and expect it to be completed in the coming months. An external reviewer has been appointed by Insurance Ireland to ensure that the provisions of the Code of Practice have been implemented and are being adhered to.
I can assure the Deputy that the Government is fully committed to legislating for a (RTBF) for cancer survivors, as set out in the Programme For Government - Securing Ireland’s Future and in line with EU requirements. It is important that a measured and evidence-based approach is taken with such legislation to ensure that RTBF protections are introduced in a way that maximises benefits for consumers while maintaining stability in the insurance market.
The Central Bank (Amendment) Bill 2025 was introduced in the Dáil on 18 February by Deputies Catherine Ardagh and Erin McGreehan. My Department is currently assessing the Bill, considering EU-level developments such as the Consumer Credit Directive (to be implemented by 2026) and the European Commission’s Beating Cancer Plan, which aims to establish an EU-wide RTBF Code of Conduct as well as national developments.
Additionally, there is also ongoing engagement at official and Ministerial level with stakeholders in this area. Minister of State Troy is scheduled to meet the Irish Cancer Society this month in anticipation of the Code of Practice review and to discuss ongoing developments. Furthermore, Minister of State Troy met with Insurance Ireland and some of the major insurers recently and this issue was one of the specific items discussed. 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.
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