Right to be Forgotten legislation to be brought forward by Government before Summer recess
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From: Department of Finance
- Published on: 8 July 2025
- Last updated on: 8 July 2025
- Cabinet agrees to bring forward legislation to limit discrimination against cancer survivors when it comes to receiving mortgage protection
- Minister of State Robert Troy has prioritised the Central Bank (Amendment) Bill 2025 following industry engagement
- move follows positive progress with Voluntary Code of Practice, introduced in 2023
Cabinet has today agreed to bring forward legislation which will ensure that cancer survivors cannot be discriminated against when it comes to certain insurance products, specifically mortgage protection.
The so-called ‘Right to be Forgotten’ legislation, introduced by Fianna Fail Deputy Catherine Ardagh under the Central Bank (Amendment) Bill 2025, was brought to Cabinet by Minister Jack Chambers on behalf of the Minister for Finance, Paschal Donohoe, and the Minister of State Robert Troy.
Minister Troy sought to prioritise to the introduction of the Bill under Government time prior to the summer recess following the recent publication of an independent report on the Voluntary Code of Practice and engagement with Deputy Ardagh and the insurance sector.
The Code, in operation since 2023, is being fully adhered to by the 8 insurers who originally signed up. The report from Forvis Mazars on behalf of Insurance Ireland found that more cancer survivors have access to mortgage protection without increased cost than prior to the introduction of the Code.
A key commitment in the Programme for Government, the government’s Bill to ensure that cancer survivors are not discriminated against following a required period of remission will now move forward to the remaining stages and continue to build on the progress already made with the Code.
Minister of State with special responsibility for Financial Services, Credit Unions, and Insurance, Robert Troy, said:
“Legislating for the right to be forgotten is a clear commitment in the Programme for Government, and I very much welcome Cabinet agreement today to prioritise this before the summer recess. Since taking on this brief, I have recognised the importance of the issue for cancer survivors, their partners, and families. By adopting this Bill in Government time and focusing on amendments at Committee stage, it has allowed me to introduce it faster and secure its place on the agenda before the summer recess.
"Deputy Ardagh has done excellent work thus far and I must compliment her on her steadfastness in continuing to progress this important piece of legislation. What the Voluntary Code of Practice and subsequent review shows is that insurance companies are capable of acting with fairness and transparency, and this Bill will mandate them to do so going forward. There is work to do to develop the Bill further, and I look forward to that process over the coming months but for now, it is important to underline that comfort and security will be available for cancer survivors seeking mortgage protection insurance, where it once wasn’t.”
Minister of Finance Paschal Donohoe said:
“Today is an important milestone in delivering on the government’s commitment to address the cancer survivors seeking mortgage protection insurance. I would like to commend Minister Troy and Deputy Ardagh for driving this important policy initiative forward. I welcome today’s Cabinet approval and further developments will ensure this Bill meets not only the needs of cancer survivors but supports market stability and aligns with EU regulatory frameworks.”
Averil Power, CEO, Irish Cancer Society, said:
“The Irish Cancer Society released research in 2022 outlining how hard it was for people affected by cancer to access insurance and other financial products in Ireland. We found that only 1 in 4 cancer survivors felt they were treated fairly when buying financial products.
"After years of campaigning, we welcomed the introduction by Insurance Ireland of a voluntary code to improve access to mortgage protection insurance for cancer survivors. However, we have consistently argued that legal protection was needed and that other insurance products should also be covered.
"We are grateful to Deputy Catherine Ardagh for bringing forward the legislation approved by Government today and to Minister Robert Troy for making it a priority in his first months in the Department of Finance. We look forward to working with them, and Insurance Ireland, to make the legislation as strong as possible as it moves through the Oireachtas.
"We would also like to thank Commissioner Michael McGrath and Minister Neale Richmond for championing this issue during their time in the Department of Finance.”
Notes
Key points
- This Bill seeks to enshrine the “Right to Be Forgotten” for cancer survivors in Irish law, ensuring they are not unfairly treated in accessing insurance products, such as mortgage protection insurance, due to their past medical history once they have met defined recovery milestones.
- The Programme for Government-Securing Ireland’s Future commits to ‘legislate for a ‘Right to be Forgotten’ for cancer survivors, requiring insurers to disregard a cancer diagnosis where treatment ended more than 7 years prior to application (or more than 5 years if the applicant was under 18 at the time of diagnosis), taking account of EU requirements.
- Insurance Ireland’s Voluntary Code of Practice for Underwriting Mortgage Protection Insurance for Cancer Survivors requires insurers to disregard a cancer diagnosis seven years after treatment completion (or five years for those diagnosed under 18) for mortgage protection insurance up to €500,000. An independent review by Forvis Mazars of the implementation of the Voluntary Code covering the first year of its implementation (December 2023-December 2024) was published in May 2025. The results of the review indicated that the Voluntary Code is working.
- The Bill must be carefully aligned with EU regulatory frameworks, particularly with the Solvency II Directive, to ensure there are no unintended impacts on insurance risk classification and the ECB’s monetary financing rules.