Landmark “Right to Be Forgotten” legislation for cancer survivors passes all stages in the Oireachtas

Today the Tánaiste and Minister for Finance, Simon Harris TD, and the Minister of State, Robert Troy TD, welcome the passage of the Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2026, known as the “Right to Be Forgotten” legislation, through the Oireachtas.

This landmark legislation will, for the first time in Irish law, place a clear and enforceable requirement on insurers to disregard cancer-related medical history when assessing applications for mortgage protection insurance, once the applicant meets the defined criteria.

The legislation gives effect to a Programme for Government commitment, replacing the existing Voluntary Code of Practice with a statutory framework, and will give cancer survivors greater certainty, consistency, and enforceable rights when seeking mortgage protection insurance.

Government amendments reduced the remission period from seven years to five years and increased the mortgage protection threshold from €500,000 to €650,000. The Bill also allows normal underwriting above the €650,000 threshold, ensuring the measure remains proportionate and sustainable.

Tánaiste and Minister for Finance Simon Harris TD said:

“Today marks a hugely important moment for cancer survivors and their families.

For too long, people who have come through cancer have continued to face barriers buying a home, switching a mortgage, or providing security for their families, long after treatment had ended. This legislation removes those barriers and will make a meaningful difference by putting fairness, dignity, and certainty into law.

This legislation demonstrates what is possible when politicians, policymakers, stakeholders, patient advocates and industry come together in a spirit of constructive partnership. By working together, we have helped deliver an outcome that will make a real and lasting difference to people’s lives.

I want to recognise the many stakeholders whose hard work, determination, and commitment have helped shape this important legislation. In particular, I would like to acknowledge cancer survivors for sharing their experiences of financial barriers and the impact it had on their lives, Minister Catherine Ardagh for proposing this legislation and Nikki Gallagher of the Irish Cancer Society, for the Irish Cancer Society’s longstanding leadership in championing this issue. We would not be here without their advocacy and determination.”

Minister of State with responsibility for Financial Services, Credit Unions and Insurance Robert Troy TD said:

“Public service, at its best, is about addressing real problems in people’s lives and removing barriers where we can. For cancer survivors and their families, today’s passage of the legislation is an important moment which I hope marks the start of new journeys.

This Bill was first introduced by my colleague, Minister Catherine Ardagh, as a private members bill and I have prioritised its passage since taking up office last year. This Bill cannot undo what people have been through nor can it lessen the personal journey or the loss that some families have experienced. What it will do is remove an unjust barrier. It will make life fairer and give people a genuine chance to move forward with confidence, hope, and dignity.

I personally know the impact cancer has on families, having lost two siblings to cancer. I wish to express my gratitude to every survivor who wrote, called, or mentioned to me in passing the impact that this legislation would have on their lives. It is important to now ensure it is enacted without delay.”

“Public service, at its best, is about addressing real problems in people’s lives and removing barriers where we can. For cancer survivors and their families, today’s passage of the legislation is an important moment which I hope marks the start of new journeys.

This Bill was first introduced by my colleague, Minister Catherine Ardagh, as a private members bill and I have prioritised its passage since taking up office last year. This Bill cannot undo what people have been through nor can it lessen the personal journey or the loss that some families have experienced. What it will do is remove an unjust barrier. It will make life fairer and give people a genuine chance to move forward with confidence, hope, and dignity.

I personally know the impact cancer has on families, having lost two siblings to cancer. I wish to express my gratitude to every survivor who wrote, called, or mentioned to me in passing the impact that this legislation would have on their lives. It is important to now ensure it is enacted without delay.”

“Public service, at its best, is about addressing real problems in people’s lives and removing barriers where we can. For cancer survivors and their families, today’s passage of the legislation is an important moment which I hope marks the start of new journeys.

This Bill was first introduced by my colleague, Minister Catherine Ardagh, as a private members bill and I have prioritised its passage since taking up office last year. This Bill cannot undo what people have been through nor can it lessen the personal journey or the loss that some families have experienced. What it will do is remove an unjust barrier. It will make life fairer and give people a genuine chance to move forward with confidence, hope, and dignity.

I personally know the impact cancer has on families, having lost two siblings to cancer. I wish to express my gratitude to every survivor who wrote, called, or mentioned to me in passing the impact that this legislation would have on their lives. It is important to now ensure it is enacted without delay.”

Welcoming the passing of the legislation, Nikki Gallagher, Irish Cancer Society CEO, said:

“We began the ‘Right to be Forgotten’ campaign in 2021 because the financial discrimination experienced by survivors was a double injustice. The upheaval and devastation of a cancer diagnosis was compounded years later when survivors faced endless paper trails and hiked insurance premiums to access something as basic as mortgage protection insurance—without which they cannot access a mortgage.

This has now been brought to an end. We want to pay enormous tribute to the patients and survivors who have had to tell their stories to advance this campaign and to Prof. Mark Lawler from Queen’s University in Belfast, who has been a trailblazer in campaigning for the ‘Right to be Forgotten’ not just in Ireland, but across Europe.

We want to thank all members of the Oireachtas for listening to us, attending our many briefings, reading our many campaign materials, and taking action. Finally, a huge thank you to Tánaiste & Minister for Finance, Simon Harris, Minister of State Robert Troy and Minister of State Catherine Ardagh for progressing this legislation and taking our amendments on board. This a momentous day, and collectively, we have made a real and lasting difference in the lives of so many cancer survivors.”

Lydia Whelan, breast cancer survivor from Co. Kildare, said:

“It is an incredible privilege to be part of this campaign. To see the ‘Right to be Forgotten’ become law and to know the lasting impact it’s going to have for cancer patients and survivors, it’s just overwhelming.

I found myself diagnosed with breast cancer shortly after I went sale agreed on a house with my partner. The thoughts of losing the house was more devastating than my cancer diagnosis. With the support of family and friends, we were able to complete the purchase, but my own name isn’t on my house because I can’t get mortgage protection insurance. Thankfully, I’m doing well, my treatment went well. And now, thanks to this campaign and thanks to the passing of this legislation, my name will be able to go on my home five years after my active treatment.

I can’t thank the Irish Cancer Society enough for their perseverance and work on this campaign over many years. And I’m so grateful we have politicians in Government and across the Oireachtas who are willing to listen and take action.”

How the legislation will work in practice

The legislation provides for a statutory right to disregard cancer-related medical history when a person applies for mortgage protection insurance, where:

The Bill is carefully designed to ensure that cancer survivors who meet these conditions are treated fairly and consistently when applying for mortgage protection insurance.

The Department of Finance has engaged with a wide range of stakeholders in developing the legislation, including the Office of the Parliamentary Counsel to the Government and stakeholders such as the Financial Services and Pensions Ombudsman, Insurance Ireland, the Irish Society of Medical Oncologists, the Society of Actuaries in Ireland, the Irish Cancer Society, and other EU Member States with similar measures in place.

The Department of Finance will now collaborate with industry in relation to commencing the legislation, to allow for a smooth transition from Voluntary Code to statutory requirement.

The Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Bill 2026 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.

An independent review by Forvis Mazars found that, across the eight firms signed up to the Code, 1,300 applications were received for a disregard between December 2023 and December 2024. Of these, 650 applications received cover under the Code, amounting to €96 million in sum insured.

For those applications that did not avail of the provisions of the Code of Practice, this was due to the applicant not meeting the length of time required under the Code of Practice, the mortgage not being for the applicant’s principal private residence, or other factors. No instance was found of any individual, who met the parameters of the Code of Practice, being refused cover for reasons due to their cancer diagnosis.

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.

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.

How will this legislation work in practice?

To assist understanding, the following examples show how the legislation will apply when enacted.

Example 1: A cancer survivor who qualifies

A man in his early thirties applies for mortgage protection insurance of approximately €625,000 over a 30-year term for his home.

He was diagnosed with non-Hodgkin lymphoma in his early twenties and was confirmed to be in complete remission in 2017. He has remained cancer-free since then.

As more than five years have passed since he entered complete remission, and the application is for mortgage protection insurance, for his home, below the €650,000 threshold, his past cancer diagnosis falls within the statutory disregard.

In practice, this means the insurer must disregard that cancer history when assessing the application.

Example 2: A person in remission who is taking anti-hormonal medication

A woman in her early fifties applies for mortgage protection insurance while switching mortgage. She was diagnosed with cancer in her late thirties, underwent surgery and radiotherapy, has completed active cancer treatment 5 years ago and has been in complete remission for more than five years.

She continues to take anti-hormonal medication prescribed to reduce the risk of recurrence.

The fact that a person is taking anti-hormonal medication, or another form of preventative therapy following the end of active cancer treatment, does not of itself mean that the person is disqualified.

As the person otherwise meets the criteria, their past cancer diagnosis will be disregarded for the purposes of the mortgage protection insurance application.

Many cancer survivors continue to receive preventative medication for years after active treatment has ended. The legislation is intended to ensure that such people are not unfairly excluded where treatment has ended and they are otherwise in remission.

Example 3: A case that does not qualify

A person applies for mortgage protection insurance four years after completing active cancer treatment and entering remission.

Although the person may be recovering well, the required five-year remission period has not yet been met. In this case, the statutory disregard would not yet apply.

Similarly, an application may fall outside the scope of the legislation where the mortgage protection cover sought is above €650,000, or where the property is not the applicant’s principal private residence. In those cases, normal underwriting may apply.

This does not mean that cover will automatically be refused. It means the application does not fall within the statutory right to disregard and may be assessed under standard underwriting practices.