Westmeath minister announces commencement date of legislation for cancer survivors

Minister of State Robert Troy TD today (Tuesday) announced the commencement dates for the ‘Right to be Forgotten’ legislation.

The commencement order provides that the key provisions relating to the disregard of cancer-related medical history for eligible mortgage protection insurance applications will come into operation on October 15.

This means that insurers will be required to disregard cancer-related medical history when a person applies for mortgage protection insurance, where: the applicant has completed active cancer treatment for five years; the applicant has been in complete remission for five years; the application relates to mortgage protection insurance for the applicant’s principal private residence; and the amount of cover sought is up to €650,000, with normal underwriting applying above that threshold.

According to a press release issued by the Department of Finance, the act 'places important consumer protections on a statutory footing for the first time, moving from the existing voluntary code of practice to a statutory framework that provides greater certainty, consistency and protection for cancer survivors seeking mortgage protection insurance'.

Minister Troy said: “This legislation gives effect to a programme for government commitment, and is a measure I have prioritised since taking office. Commencing the ‘Right to Be Forgotten’ Act cannot undo what some families have been through, including my own family. However, it can remove an unjust obstacle. It can give people a meaningful chance to plan, to build, and to move forward with confidence and optimism.”

He said the commencement date of October 15 for the main provisions will allow for 'a smooth transition' from the voluntary code to a statutory framework, ensuring that industry is ready to apply the new requirements consistently and effectively.

“I want to thank those who wrote, called in, or mentioned to me the impact that this legislation would have on their lives. I also would like to thank all members of the Oireachtas who supported this act, and for demonstrating that we stand together for cancer survivors,” said Minister Troy.

In addition to the “Right to Be Forgotten” provisions, the act includes technical amendments to the Insurance Acts 1936 and 1964, relating to the winding-up of insurers and reinsurers, and to the operation of a sub-fund of the Insurance Compensation Fund and other related payments into the sub-fund.

The Department of Finance said it will continue to engage with industry ahead of the commencement of Part 2, to support a smooth transition from the voluntary code of practice to the statutory framework on October 15.