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Tánaiste Simon Harris and Minister of State Robert Troy announce commencement of landmark “Right to Be Forgotten” legislation for cancer survivors
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From: Department of Finance
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- New statutory protections will require insurers to disregard cancer-related medical history for eligible mortgage protection insurance applications
The Tánaiste and Minister for Finance, Simon Harris TD, and Minister of State Robert Troy TD, today announced the commencement dates for the landmark ‘Right to be Forgotten’ legislation.
The Commencement Order provides that the key provisions relating to the disregard of cancer-related medical history will come into operation on 15 October 2026.
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.
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.
The Tánaiste and Minister for Finance, Simon Harris TD, said:
“The signing of this Commencement Order is a major milestone in delivering statutory protections for cancer survivors across the country.
“People who have come through cancer have continued to face barriers when buying a home, switching a mortgage, or seeking security for their families, even years after their treatment had ended. From 15 October, that will change, and eligible cancer survivors will have a clear statutory right to have their cancer-related medical history disregarded when applying for mortgage protection insurance for their home.
“I am grateful to everyone who helped bring this legislation to commencement, including cancer survivors whose voices have been central to this work, the Irish Cancer Society for its longstanding advocacy, and all stakeholders who engaged constructively to help deliver this important reform. This is an important example of what can be achieved when advocacy, policymaking, and constructive stakeholder engagement come together.”
Minister of State with responsibility for Financial Services, Credit Unions and Insurance, Robert Troy TD, 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.
“The commencement date of 15 October 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.”
In addition to the “Right to Be Forgotten” provisions, the Act includes technical amendments to the Insurance Acts1936 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 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 15 October 2026.
ENDS
Notes to Editors
The Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Act 2026 provides for the disregard by insurers of an applicant’s medical history in respect of a cancer diagnosis for the purposes of an application for mortgage protection insurance relating to the applicant’s principal private residence, once the applicant meets the statutory criteria.
The Act builds on the Voluntary Code of Practice introduced by Insurance Ireland in December 2023. Under that Code, cancer diagnoses were disregarded after seven years from treatment completion, or after five years where the individual was under 18 at diagnosis, for mortgage protection insurance up to €500,000.
While the Voluntary Code represented progress, this legislation provides even greater protection by placing the right to disregard on a statutory footing, reducing the required end of active cancer treatment period and remission period to five years regardless of age at diagnosis, and increasing the cover threshold to €650,000 with normal underwriting applying above that threshold.
The legislation originated as a Private Members’ Bill introduced by Deputy Catherine Ardagh, originally named the Central Bank (Amendment) Bill 2025. Government adopted the Bill as a priority piece of legislation and brought forward amendments to deliver a statutory framework for cancer survivors seeking mortgage protection insurance.
The Act also includes technical amendments to the Insurance Act 1936 and the Insurance Act 1964, that will come into operation on 26 August 2026.
The amendments to the Insurance Act 1936 provide the Central Bank of Ireland with the power to petition the High Court for the liquidation of reinsurers. This will bring reinsurers in line with other financial services sectors such as credit institutions, credit unions and investment firms.
The amendments to the Insurance Act 1964 keep captive insurance undertakings (i.e. group insurers) outside the scope of proposed new levy requirements for cross-border motor insurance business following changes introduced under the Sixth Motor Insurance Directive. This is in line with the current Insurance Compensation Fund framework, where captives are excluded from the requirement to pay the Insurance Compensation Fund levy in respect of domestic insurance business.