Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2025: Second Stage
The Seanad gave broad support to the Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2025, which will require insurers to disregard certain cancer histories for mortgage protection insurance after five years in remission, with cover up to €650,000. Senators welcomed the move from a voluntary code to a statutory right, praised Deputy Catherine Ardagh’s long advocacy, and highlighted the Bill’s focus on fairness, dignity and practical help for cancer survivors seeking to buy homes. Committee Stage was agreed for next Tuesday.
No. 5 of 2025 ›
I am pleased to bring before the House today the Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2025. As Senators may be aware, this legislation originated as the Central Bank (Amendment) Bill 2025, a Private Member's Bill introduced by Deputy Catherine Ardagh. I take this opportunity to acknowledge and commend Deputy Ardagh on her unwavering commitment in bringing this important issue to national attention. Her sustained advocacy, both in introducing the Bill and in championing it previously in the Seanad, has been instrumental in progressing this matter to its current stage. Her agreement, her work and the commitment in the programme for Government have enabled me to prioritise the progression of this hugely important Bill through the Dáil. Government has made amendments to ensure that it delivers, in a practical and legally robust manner, on its core objective, which is to provide meaningful protections for cancer survivors seeking access to mortgage protection insurance for their principal private residence. The Bill now comes before this House in a strengthened and carefully considered form.
At its heart, this legislation is about something very simple but very profound - fairness and dignity. For many people, completing cancer treatment should mark the beginning of a new chapter. It should be a moment when life begins to open up again, when plans can be made, stability rebuilt and the future approached with hope and confidence. Yet, for too many cancer survivors, barriers persist long after treatment has ended. That is not merely a difficulty; it is a fundamental unfairness. Surviving cancer should not leave someone disadvantaged when trying to access financial services or buying a home. This Bill seeks to address that unfairness. It gives effect to a principle that I believe resonates across this House and far beyond it, which is that a cancer diagnosis should not define a person’s future.
In bringing the legislation forward, I have been guided by a careful and evidence-based approach and through detailed analysis and engagement with a wide range of stakeholders, including the Office of the Parliamentary Counsel, the Financial Services and Pensions Ombudsman, representatives of the insurance industry, the Irish Society of Medical Oncologists, the Society of Actuaries in Ireland, the Irish Cancer Society, and other member states that have similar measures in place, in order to develop legislation that moves the framework from a voluntary to a legislative footing. The result of that work is the Bill now before the House.
One of the most important developments has been moving from a right to be forgotten to a right to disregard. This is not simply a technical distinction. It is a carefully designed framework that allows insurers to collect information on past diagnoses to ensure transparency and compliance but that does not allow such information to be used to set premiums or deny mortgage protection insurance once eligibility thresholds are met. The disregard approach strikes the right balance between consumer protection, transparency and legal certainty.
The Bill, as amended, provides that, where an individual has completed active cancer treatment and has remained in remission for a period of five years, their cancer history must be disregarded for the purposes of mortgage protection insurance. Five years is internationally recognised as the point at which cancer surveillance intensity often reduces, recurrence risk drops substantially, and patients are frequently considered functionally cured. This standard is supported by the Irish Society of Medical Oncologists and the five-year threshold, regardless of age, is aligned with a number of other EU member states' approaches. It is a step further than the voluntary code of practice, which set the threshold at seven years. I personally wanted to make this improvement and I am pleased to have been able to do so. The Bill, as amended, also ensures that these protections are meaningful in the real world. It increases the level of mortgage protection cover to which the disregard applies to €650,000. Insurers' normal underwriting process shall apply to any amount of mortgage protection insurance cover that exceeds that maximum amount, reflecting the realities of the housing market. Again, this goes further than previous iterations.
Some Senators may ask why the Bill focuses solely on cancer survivors and mortgage protection insurance and does not cover other financial products or medical conditions. The answer is one of prioritisation and pragmatism. In legislation and policy, it is vital to take 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. Mortgage protection insurance is a critical financial product tied directly to one of the most fundamental aspects of life, that is, securing your own home. It is the area where protections are most urgently needed. Expanding the scope prematurely without detailed actuarial and legal groundwork could introduce unintended consequences that could delay protection for cancer survivors or indirectly impact other financial service products and insurance premiums for other consumers. It was prudent of the Government to ensure that these consequences were avoided.
It is important to recognise that this legislation builds on progress already made. The voluntary code introduced by Insurance Ireland in December 2023 demonstrated that change was possible and that the insurance sector was willing to engage constructively. An independent review found that the code was broadly effective but also highlighted its limitations. When it comes to rights, voluntary arrangements can only go so far. This Bill moves away from a voluntary framework to one that provides legal certainty, thereby ensuring consistency, enforceability and protection for cancer survivors. The Bill also incorporates a number of targeted amendments to the wider insurance framework, ensuring that it is fully integrated within the broader regulatory system and aligned with EU requirements. These amendments, while technical, are important in maintaining the strength and stability of the sector as a whole.
Sadly, having lost two siblings of my own, I know only too well the impact cancer has on families.
Many people in this room also know the impact cancer has had on families. Thankfully, today many people today are living full lives after cancer because of the advances in treatment and care. This is really important. If they have come through that journey, then we as politicians and policymakers should do everything we can to help them to move forward, and not place barriers in their path. In essence, public service, at its best, is about addressing real problems in people’s lives and removing barriers where we can. It really is heartening to see such cross-party collaboration in this regard. This legislation cannot undo what people have been through. It cannot lessen the personal journey or the loss that some families have experienced, but it can remove an unjust barrier. It makes life fairer. It can give people a genuine chance to move forward with confidence, hope and dignity. Ultimately, that is what this Bill is about. It is about fairness in the most practical sense. It is about recognising the resilience of people who have overcome one of life’s greatest challenges, and helping to ensure that surviving cancer marks the beginning of a new chapter, not the continuation of unnecessary barriers.
I want to acknowledge the many stakeholders whose hard work, determination and advocacy have helped to shape this legislation, in particular the Irish Cancer Society and Insurance Ireland. I also want to acknowledge the exceptional dedication and work of the civil servants working in this section in my Department, who have been ever so helpful in ensuring we get this legislation to where we are today. I want to thank every survivor who wrote, called or mentioned to me in passing the impact that this legislation would have on their lives and the importance of ensuring it is enacted without delay. I know all Members of the House will support the Bill and will work constructively with us to demonstrate that we stand together for cancer survivors. I look forward to the contributions of Senators and to a constructive and thoughtful debate.
Comment on this
I offer condolences to the Minister of State on the passing of his siblings, one of whom I knew, Matt.
Comment on this
I thank the Minister of State for being here. I have no doubt that aside from his professional commitment to this, it must have a personal impact on him as well. I thank him for prioritising it. My former Seanad colleague, the Minister of State, Deputy Ardagh, was very much to the forefront in drafting a Private Members' Bill. I would like to thank her for all the work she has done. That is not to take away from the Minister of State, Deputy Troy's absolute commitment. He prioritised this and I thank him. This is something I might not have thought too much about, but around three years ago somebody I know very well asked to meet me. His son had come through cancer and had applied for a mortgage. It was only at the final stage of the mortgage that he had a diagnosis. When he went back with this new health update, having received approval in the first place, himself and his girlfriend could not get the mortgage. Obviously, his parents were very concerned for him but also concerned that he could not get on with his life. Recovering from a cancer diagnosis is difficult enough anyway. It was the first time this really struck a chord with me. I had conversations with the Minister of State, Deputy Ardagh, at the time because I knew this was something she was thinking about. I was very happy to go back to the said parent. I do not want to mention their names because I have not sought their permission. I felt it would take a lot longer than it did. Very sadly, the young man's cancer came back and he passed away. This is deeply poignant for me. He passed away without knowing that he would have had the chance to have a home and be able to start life afresh.
The Bill that the Minister of State, Deputy Troy, has brought before us now is strengthened and very carefully considered. I thank him for his engagement with all the stakeholders he mentioned. As he said, the legislation is about something that is very simple but so important - it is about fairness and dignity. Thankfully we have so many survivors of cancer now. When you get the good news that you are cancer free, it should be the start of a new chapter and something different. Life should be opening up again, plans can be made and you can rebuild your future and your stability with your loved ones. For many of those who survive, many of the barriers that exist during treatment and diagnosis persist for a long time afterwards. That is fundamentally unfair. Nobody should be left disadvantaged in drawing down a mortgage and buying a house when they have survived cancer. The Bill is seeking to address that unfairness and gives effect to a very strong principle that resonates across everybody. We all know, and I personally know too, the impact that cancer has on families, as indeed does the Minister of State. So many today are living very full lives despite their diagnosis because of the advancements in treatment and care. That is really important to acknowledge. I thank the Minister of State for bringing this Bill before us. We in Fianna Fáil are 100% supportive of it and really glad that this legislation has reached this Stage. I commend the Bill to the House.
Comment on this
I welcome the Minister of State and his officials to the House. This is very significant legislation. In his introduction, the Minister of State rightly acknowledged the very significant contribution of the former Senator, now Minister of State, Deputy Ardagh, and her unwavering commitment, support and determination to see this get into the programme for Government and across the line. I acknowledge her dedication and immense advocacy to see this legislation through. It shows what can be achieved with determination, although of course it also helps when you are in government, to get the hearing. It deserves a proper hearing and full support.
The Minister of State also recognised extensive engagement with the Office of the Parliamentary Counsel, the Financial Services and Pensions Ombudsman, the insurance sector generally, the Irish Society of Medical Oncology, a significant group of professionals, the Society of Actuaries in Ireland and the Irish Cancer Society. That is important too. It has broad support but all of these particular groupings and professionals bring expertise, which is reassuring to have in any legislation we are going through. I acknowledge that. In particular, I acknowledge the Minister of State, Deputy Ardagh, and the present Minister of State, Deputy Troy, who has had his own personal experiences and is rightly determined to see this through. I thank the Government for pursuing this significant legislation.
The Bill seeks to introduce provisions prohibiting financial service providers from discriminating against cancer survivors in the provision of financial services. Central, too, to this legislation is that it enshrines the right to be forgotten for cancer survivors, thereby ensuring they are not unjustly penalised due to their medical history once they have reached a certain post-treatment milestone. Cancer survivorship in Ireland has significantly improved over the last number of decades. That is to be encouraged. The prospects are getting better and better in terms of care for people with cancer. Advancements in medical treatments and the restructuring of cancer care have resulted in increased survival rates. The Bill introduces a new section 69 which prohibits financial service providers from engaging in discriminatory practices based on cancer diagnosis. The Bill also identifies the survivor of cancer based on age at diagnosis and a five-year period without treatment. That is also significant and worthy of acknowledgement. This Bill is similar to provisions that have been enacted in other jurisdictions, and I looked at France, Belgium and the Netherlands today.
We have a very successful model working there. I have no doubt that the departmental officials looked at best practice in other jurisdictions. It has worked and been very positive. The feedback from France, Belgium and Netherlands is significant. It is always good to see a similar operation functioning in other jurisdictions, particularly within the Union.
It is important that people are not locked out of the system due to circumstances that are beyond their control. We always have to be mindful of unintended consequences of any legislation.
I was most taken by the Law Society's summary of this Bill. It was worth reading that important contribution. The society tends to be very analytical in its assessments and it keeps them very simple. That is always a good thing.
The key amendments to this Bill will be the reduction of the remission period from seven years to five years, regardless of age or diagnosis, which is in line with international medical standards for the end of cancer surveillance, and to apply a statutory disregard of certain cancer-related histories in mortgage protection insurance cover up to €650,000. This is an increase from €500,000 to reflect the current housing market. All normal underwriting above the threshold ensures, the Department says, that the measure remains proportionate, sustainable and compliant with EU insurance law and the industry's governance and practices. Provision for a review of the threshold is provided for in this legislation every five years.
I support this very important legislation. I support and commend the Minister of State on driving this legislation through. At the end of the day, this Bill is, of course, about fairness and dignity. The Minister of State will have my full support and, no doubt, the full support of the Independent Members in Seanad Éireann.
Comment on this
I thank the Minister of State for being here to go through this Bill. I am very sorry about his siblings. I did not know that and I thank the Minister of State for sharing that with us.
I want to address the critical importance of the Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2025, which was formerly known as the Central Bank (Amendment) Bill 2025. The 2025 programme for Government, Securing Ireland's Future, committed to legislate for a right to be forgotten for cancer survivors. Originally introduced as a Private Members' Bill by the now Minister of State, Deputy Ardagh, the Bill sought to legislate for a right to be forgotten for cancer survivors and the prevention of financial providers from discriminating against individuals who had completed treatment more than five years previously.
This legislation specifically focuses on the right to disregard cancer-related medical histories in the context of mortgage protection insurance and its enactment is vital for several reasons. First and foremost, this Bill promotes equity for individuals who have faced the challenges of cancer. Historically, those with a cancer diagnosis have faced significant barriers in obtaining mortgage protection insurance. This often results in exorbitant premiums or denial of coverage altogether. By allowing the disregard of certain cancer-related medical histories, we are ensuring that these individuals can secure the necessary financial protection for their homes and families, irrespective of their past health struggles.
Second, this legislation enhances financial stability for families. Home ownership is a cornerstone of financial security and when individuals are unable to obtain mortgage protection insurance due to their medical history, it puts their homes and families at risk. On Monday, I spoke to a lady named Emer from my constituency. She is now five years with the all-clear on her cancer diagnosis. Imagine hearing those words, "All clear." Achieving the five-year cancer-free milestone is one of the most profound and emotional moments a patient or their family can ever experience. Emer rang to say that she really needed this Bill to be enacted quickly. She is ready to buy a house with her partner for her and her family. However, when she got quotes, she was facing €600 per month for mortgage protection. That is ten times the amount she will have to pay when this Bill gets enacted.
For many oncologists, this timeframe is a crucial marker because a cancer that does not return within five years is significantly less likely to ever recur. The Bill empowers those affected by cancer to move forward with confidence, knowing that they can protect their investments and provide for their loved ones. Additionally, enacting this Bill can have a broader implication for our healthcare system. By facilitating access to mortgage protection insurance, we enable cancer survivors to focus on their recovery without the added stress of financial uncertainty. This proactive approach not only supports individual well-being but also contributes to healthier communities overall.
The Bill will ensure increased accessibility. With the elimination of barriers, cancer survivors will find it easier to obtain mortgage protection insurance. It will provide financial security, as it will give protection to families. With the disregard of specific medical histories, survivors may get lower premiums compared to traditional policies that factor in their medical background. This will make mortgage protection insurance more affordable. The psychological relief has to be one of the biggest things, which results in reduced stress. Knowing that they can secure the necessary mortgage protection insurance provides peace of mind for cancer survivors. They can focus on recovery and rebuilding their lives without the constant worry of financial instability related to their housing. The Bill empowers cancer survivors by affirming their right to essential financial products without stigma. It fosters a sense of agency for people in their post-cancer lives.
Regarding public health outcomes, with the encouragement of home stability and with better access to mortgage protection insurance, cancer survivors may be more likely to maintain stable housing, which is a crucial factor for recovery and overall well-being.
The Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2025 is poised to greatly enhance the ability of cancer survivors to obtain mortgage protection insurance, leading to improved financial security, reduced stress and healthier communities overall. This represents a significant step forward in creating a more inclusive and equitable insurance landscape. By enacting this Bill, we affirm our commitment to inclusivity and support for those who have bravely faced this disease. Let us take this important step together for a fairer and more compassionate society.
I want to say this to everyone, including my two brothers, Alan and Paul, who have bravely fought cancer, to my beautiful friend, Amanda, who battled through her journey, and to Aideen, who would not let her cancer define her: we do not know how strong we are until being strong is the only choice we have.
Comment on this
All that can be said in relation to this has been said, so I will not reiterate all of the points. I acknowledge the work of Catherine Ardagh on this. She championed this cause for so long. I also acknowledge the Minister of State's work in bringing this forward.
People have spoken eloquently about the Bill's importance. There is hardly a family in the country that has escaped the impact of cancer, and my own is no exception. This is primarily about addressing an injustice and one that is all the more acute because it is heaped on people who have come through a critical, tough and life-changing experience and are trying to come out the other side of that.
I acknowledge the work that has been done here and the diligence in engaging with all of the organisations that need to be brought on board for this. At some future stage, I would love to see a further expansion in relation to things like travel insurance and other issues that prevent people from living life to the full following a successful clearance from treatment. Nonetheless, this is a very important start to all of this. We wish it well and will obviously support it fully. It is critical that people out there see that these institutions can be used for the good and protection of people, for righting wrongs and for undoing injustices. This Bill certainly does that, so I wish it well and hope it gets the fair wind it deserves.
Comment on this
I thank the Senators. There is no point in rehashing the issues. It is heartening to see that we can all come together and work collaboratively on legislation that will make a positive difference to so many families. As all speakers, me included, alluded to, this is something that has affected every family in Ireland, unfortunately, down through the decades. Thankfully, because of the focus of medical research, a diagnosis of cancer is not the life-ending diagnosis that it once was. More and more people, having gone through their treatment, are going on to live full, normal lives thereafter. This legislation is enabling that by ensuring that one of the barriers that was there heretofore is removed. People coming through that fight, getting the diagnosis of being cancer free and going on to try to put a life together were hit with another barrier. The Bill is removing that barrier.
It is a very positive development. I particularly want to thank the advocacy groups and the cancer survivors who brought this to our attention and have been so strong in ensuring that we have kept a razor-sharp focus on this. I also thank the officials in the Department because I was like a dog with a bone for the past 12 months in terms of where we were at and moving it quicker. Due to that, and because of the work the now Minister of State, Deputy Ardagh, did in the last Seanad and in the early stages of this Dáil, we are here today. It is a positive development. I thank the Members who came into the Seanad to contribute. I look forward to coming back in a few short weeks for Committee and Report Stages. This will enable it to be passed over to the President for signing, which will ensure that those families the Senator mentioned earlier will be able to access fair and affordable mortgage protection so that they can move on with their lives. Go raibh maith agat, Acting Chairperson.