Cancer survivors will have the “right to be forgotten” to allow them to obtain mortgage protection without discrimination based on their past diagnosis.
Legislation is now expected to be passed by the Oireachtas in the autumn. It was first introduced in the Seanad by then Fianna Fáil senator Catherine Ardagh in October 2022, was reintroduced by her as a TD in the Dáil in February, and has now been taken up by the Government.
Minister of State for Finance Robert Troy said: “For too long cancer survivors in Ireland have faced a challenging and unfair situation where they can be refused cover or be charged higher premiums because of their past diagnosis.”
Mr Troy said the Central Bank (Amendment) Bill “aims to put a stop to this by giving effect to the right-to-be-forgotten concept that is now becoming recognised throughout Europe”. Laws are already in place in France, Germany, Netherlands, Belgium and Luxembourg.
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The Minister, who has special responsibility for insurance, reintroduced the Bill in the Dáil on the last day before the summer recess.
Mr Troy said: “I lost two siblings to cancer and I see it as a great privilege to be in a position to effect positive change.”
The Bill “gives statutory weight to protections that were previously voluntary, making them enforceable by law”. He said his is a “crucial step forward”.
“At the heart of the Bill is the straightforward but powerful principle that, where survivors have completed treatment and remained in remission for a defined period, a past cancer diagnosis should not be held against them in the underwriting of mortgage protection insurance.”
They will not have to disclose their cancer after a set period of remission. A five-year timeline is under consideration.
Under a previous, voluntary code, not adopted by some insurers, a survivor could access mortgage protection after seven years of remission or five years if individuals were diagnosed when under the age of 18.
The Bill focuses solely on cancer survivors and mortgage protection and does not cover other financial products or medical conditions. Mr Troy said this is for “prioritisation and pragmatism”. They were taking a “stepwise approach similar to other EU member states, focusing first on where the need is greatest and where there is the clearest evidence base”.
Ms Ardagh said discrimination can be very damaging, “with people having to relive their cancer diagnosis”. People have been quoted “prohibitively high premiums” despite being in remission for many years.
“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.”
Sinn Féin’s Máire Devine welcomed the Bill but questioned if five years cancer-free was fair. There are “the difficult years of battling cancer”, but only when they are cancer-free “does the clock start for five years of waiting to apply for a mortgage”.
“That does not seem right to me,” she said.
