I move:
That Standing Order 194 is modified in accordance with Standing Order 241(2) to provide that it be an instruction to the Joint Committee on Finance, Public Expenditure, Public Expenditure, Public Service Reform and Digitalisation, and Taoiseach in relation to the Central Bank (Amendment) Bill 2025, that the Committee has power to make amendments to the Bill which are outside the scope of the existing subject matter of the Bill in order to make provision for:
(a) the establishment of a statutory obligation on insurers to disregard a person's medical history, in respect of a diagnosis of cancer, for the purposes of applications for mortgage protection insurance relating to a principal private residence;
(b) the definition and regulation of the conditions under which such medical history shall be disregarded, including the completion of active cancer treatment and specified periods of remission;
(c) the provision by applicants of information necessary to demonstrate compliance with such conditions, where requested;
(d) the specification of a maximum amount of mortgage protection insurance cover to which such disregard shall apply;
(e) the conferral of functions on the Minister for Finance to review and prescribe such maximum amount, including the making of orders subject to approval by Dáil Éireann and Seanad Éireann;
(f) the amendment of the Insurance Act 1936, including the extension of provisions relating to the winding-up of insurers and reinsurers, and the powers of the Central Bank of Ireland in that regard; and
(g) the amendment of the Insurance Act 1964, including provision in relation to the Insurance Compensation Fund;
and to change the title of the Bill and make other consequential amendments required to take account of the changes above.
I thank the House for the opportunity to discuss the motion to introduce amendments to the Central Bank (Amendment) Bill 2025 on Committee Stage which will ensure that the Bill delivers, in a practical and legally robust manner, the policy objective of providing protections for cancer survivors in accessing mortgage protection insurance cover for their principal private residence. A cancer diagnosis should not define a person's future or stand in the way of owning a home. It should not stand in the way of providing security for oneself or one's family and should not cast a shadow over someone who has already gone through so much.
As Members will be aware, the Central Bank (Amendment) Bill 2025 was originally introduced as a Private Members’ Bill by my colleague, Deputy Catherine Ardagh, before I took it on as a Government Bill and sought to provide for a broad statutory right to be forgotten, as it is known, for cancer survivors for certain financial products. That objective has strong support across Government and Opposition benches and is reflected in the programme for Government commitment to legislate in this area.
Following detailed analysis and extensive engagement with stakeholders, including the Office of the Parliamentary Counsel, the Central Bank, the Financial Services and Pensions Ombudsman, Insurance Ireland, the Irish Cancer Society, the Irish Society of Medical Oncologists and the Society of Actuaries in Ireland and engagement with EU counterparts, it became clear that certain aspects of the Bill as published required refinement in order to ensure that the measures are proportionate, operationally effective and compatible with EU law.
It is important to recognise that the Bill builds on the voluntary code of practice introduced by Insurance Ireland in December 2023. An independent review found that the code was broadly effective but also highlighted the limitations of a voluntary approach. These amendments will bring that voluntary model to a framework that provides legal certainty. They will give statutory effect to protections that were previously voluntary, making them enforceable in law and ensuring consistent application across the market.
The amendments will provide for a revised structure to the Bill, including: a new Title, namely the Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2026, which more accurately reflects the purpose of the Bill, as well as essential definitional provisions clarifying key terms such as insurer, mortgage protection insurance, applicant and principal private residence and introducing a definition of active cancer treatment to ensure consistency in application.
A significant change is the removal of the proposed amendment to the Central Bank Act 1942. This reflects policy that the Central Bank’s role remains focused on prudential supervision and conduct regulation, and that individual consumer complaints in this area are more appropriately addressed by the Financial Services and Pensions Ombudsman, a body already established to resolve disputes between consumers and financial service providers. While the Financial Services and Pensions Ombudsman is not mentioned explicitly in the Bill, compliance with the framework is a requirement for insurers.
The amendments also clearly define the scope of the Bill to apply specifically to mortgage protection insurance rather than across all financial services. This targeted approach aligns the Bill with the existing voluntary framework and avoids unintended impacts across the wider insurance and financial services market.
At the core of the amendments is the statutory obligation on insurers to disregard a person’s cancer related medical history once the specified conditions are met. These conditions reflect the operation of the voluntary code currently in place, requiring that an individual has completed active cancer treatment and has been in complete remission for a period of five years. This five-year threshold is shorter than the seven-year threshold currently in the voluntary code, reflecting established medical standards and the point at which the risk of recurrence is significantly reduced. I thought it prudent to shorten this timeframe based on the evidence presented to me and the need to give certainty to survivors.
While the measure is often described as a right to be forgotten, the legislative approach is in fact a right to disregard. The amendments will introduce a clear operational framework for insurers to verify, if requested, information necessary to determine eligibility, including confirmation of diagnosis, treatment completion and remission. Insurers can then assess and determine applications accordingly. That history must be disregarded and cannot be used to refuse cover or to increase premiums within the statutory threshold. The original Bill’s sponsor, Deputy Ardagh, is aware of and supports this approach.
The Bill also specifies that the disregard obligation will apply up to a defined level of mortgage protection insurance cover, set at €650,000. This represents an increase on the existing voluntary code’s threshold of €500,000, which I sought during consultation, and expands access to protection while allowing normal underwriting practices to apply to any portion of cover above that threshold. To ensure the framework remains responsive to market developments over time, the amendments provide for periodic upward review of the threshold. The Minister for Finance will be required to review the threshold in five-year periods, having regard to factors such as residential property prices, and may increase the amount by order, subject to approval by both Houses of the Oireachtas.
The amendments also include standard provisions on the administration of the scheme, including the payment of expenses in accordance with public financial procedures. In addition, and to deliver on action 24 of the Action Plan for Insurance Reform, amendments to the Insurance Act 1936 are also included. These amendments will give the Central Bank of Ireland the power to petition the High Court for the winding up of reinsurance companies.
This will address a gap in the current framework and bring reinsurers into line with other financial services sectors, such as banks, credit unions and investment firms, where the regulator already has appropriate insolvency powers. The proposal also responds directly to the IMF’s financial sector assessment program recommendation that weaknesses in the insurer insolvency regime be remedied through legislative change. Also included are amendments to the Insurance Act 1964 to fully implement changes to the Insurance Compensation Fund framework arising from the sixth motor insurance directive. These amendments ensure that captive insurance undertakings, which insure only the risks of their own corporate group, remain outside the scope of new levy requirements relating to crossBorder motor insurance business. This approach is consistent with the existing Insurance Compensation Fund framework, under which captives are excluded from levy requirements for domestic insurance businesses.
Together, these measures ensure that the legislation is both effective in protecting consumers and fully integrated within the broader regulatory framework governing the insurance sector. On 27 April, the Government approved these amendments, and a decision was taken to progress the legislation as a priority measure in order to deliver on a programme for Government commitment. These changes will deliver a balanced, proportionate and effective framework that will provide real benefit to cancer survivors.
I will take the opportunity to thank, in particular, Deputy Catherine Ardagh, who initiated this Bill in the first instance in the Seanad, re-initiated it in the Dáil and enabled me to capture or overtake it to allow me to prioritise it as a Government Bill. We have gone further than what was originally envisaged under the voluntary code. This is good news for cancer survivors. As I said, I want to thank Deputy Ardagh in particular, but all Members of the House who have been very supportive as we have worked our way through this legislation. I look forward to addressing any questions and engaging in further detail on Committee Stage of the Bill, which I understand will be taken next week, should we get approval of the Bill here tonight.