Insurance customers will not be obliged to reveal results of genetic testing

Those seeking mortgage-protection insurance will not have to disclose information about genetic tests under a new code of practice. People applying for life policies worth up to £300,000 will not have to say whether they have taken a genetic test or provide any results under the voluntary code being introduced by members of the Irish Insurance Federation (IIF).

The move was welcomed by the Minister of State for Enterprise, Trade and Employment, Mr Noel Treacy, who described it as "a reasonable attempt" by the industry to introduce controls.

Lobby groups opposed to any access for insurers to a customer's genetic information have rejected the code, however, arguing that legislation is required and that there should be a ban on access to this information in all circumstances.

The new code is being introduced from this month. Anyone seeking life insurance who in the past may have taken tests for an inherited disease will not have to disclose this to the insurer so long as the policy value does not exceed £300,000.

Currently there is only one test, for Huntington's disease, considered reliable enough to give information about health risks from an inherited disease. However, advances brought about by knowledge from the human genome project will push forward genetic-testing technologies.

The arrangement applies only to life insurance and not to other products such as critical illness or permanent health policies, according to Ms Jennifer Hoban, life-assurance manager with the IIF.

The code would remain in force until December 2005 when there would be a review, she said.

"All of the insurers in the Irish Insurance Federation have signed up for this," she said. "Companies can do more if they want but they must maintain the minimum standard."

The code would ensure that people would not have to avoid taking genetic tests for fear of being rejected for mortgage and other insurance cover, she said.

The 4-1/2 years was a "respectable" period before the code was reviewed.

"It is a long time in terms of scientific developments," she said, and showed there was a "willingness to listen" on the part of companies.

Mr Treacy welcomed the move but said his Department would pay close attention to how the code operated in practice.

If it impacted on wider public health issues it might become necessary for the Government to consider legislative controls.

The new code did not impress those opposed to access to a person's genetic information.

"It is helpful in an unclear situation, but I think we need to clear this up through legislation," said the Green Party MEP, Ms Nuala Ahern.

Access to this sensitive information for any purpose would create a genetic "subclass", according to Ms Bernie Moran of the Huntington's Disease Association of Ireland.

"I think there should be a complete ban on access to genetic information until we have a better understanding of genetics, which is an unfinished science," she said.

The Insurance Ombudsman of Ireland, Ms Caroline Gill, said she had not as yet received any complaints relating to genetic testing, but she would take note of the new code.