Cancer survivors to get equal access to protection on their mortgages
The Cabinet is set to green-light a proposal, first introduced by then-Senator Catherine Ardagh in 2022, that will enshrine the 'right to be forgotten' for survivors when accessing mortgage insurance policies.
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Fianna Fáil TD Ms Ardagh told Extra.ie yesterday she is 'delighted' to see the proposal being adopted by the Government.
Catherine Ardagh. Pic: Tom Honan
'It will mean potentially thousands of cancer survivors each year will no longer be at the whim of insurance companies, and there will be full equality when it comes to accessing financial products and services,' she said.
The law, which the Coalition committed to passing in the Programme for Government, will prohibit insurers from discriminating against people who have been in remission from cancer for seven years, or five for people diagnosed in childhood.
While Ms Ardagh's legislation pertains to financial products at large, the Government will 'substantially' amend the laws to focus on mortgage protection insurance, in line with EU best practice.
Mortgage Protection. Pic: Getty Images
'This route provides the most efficient and effective way to deliver this important legislation within a realistic legislative window, building on the work to date carried out by Deputy Ardagh,' a Government source said.
Minister of State for Insurance Reform Robert Troy said last week he is hopeful the legislation can be introduced before the summer recess. Research from the Irish Cancer Society, published in February 2022, shows that people affected by cancer reported difficulty at a 'significantly higher rate than the general population' when it came to buying financial products and services.
The group highlighted difficulties in accessing income protection, travel insurance and mortgage insurance.
Pic: Getty Images
'Overall, the difficulties may suggest significant challenges in becoming a homeowner,' the report stated. 'To illustrate, one quarter of those affected by cancer had difficulties obtaining an owner-occupier mortgage, compared to 11% in the general population. Over one in three affected by cancer had difficulty getting life insurance, compared to 10% in the general population.'
The legislation was first introduced by Ms Ardagh during the last Seanad term to enshrine survivors' right to be forgotten and was co-signed by Jerry Buttimer of Fine Gael and Paul Gavan of Sinn Féin.
But the laws were met with opposition from the insurance industry, with Finance Minister Paschal Donohoe effectively killing the legislation after providers warned it could lead to 'detrimental effects for other customers'.
Paschal Donohoe. Pic: Leah Farrell/RollingNews.ie
In 2023, Insurance Ireland rolled out a code of practice asking insurers to ignore cancer diagnoses if a treatment ended over seven years ago. Ms Ardagh said the legislation will enforce the voluntary code on a statutory basis and that its passage is 'overdue'.
'Right now, people who have beaten cancer and have been in remission for years are still being penalised when they apply for financial products such as insurance. This Bill aims to change that,' she told the Dáil in February, when she reintroduced the legal amendment.
She added: 'While our healthcare system has made great progress with survival rates increasing year on year, our financial system has not kept pace. Every year, approximately 44,000 people here are diagnosed with cancer. Thanks to advances in treatment… 60% will survive beyond five years.
'These people have already fought one of the hardest battles imaginable, yet many find themselves being refused products or being charged excessive premiums because they once had cancer. That is neither right nor fair.'
It is understood that a memo to give way to the legislation will be brought forward under Mr Donohoe's name, recommending that Government time be used to progress the Bill. Once Cabinet has agreed to 'adopt and substantially amend' the Bill, the Department of Finance will work with the Attorney General's Office 'to ensure it is fully compliant with EU law and operationally viable'.
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