Consultation outcome

Implementing the European Court of Justice judgement views on how insurers can use gender as a risk factor

This consultation has concluded

Download the full outcome

Summary of responses: UK response to the 1 March European Court of Justice ruling that insurance benefits and premiums after 21 December 2012 should be gender-neutral (PDF 535KB)

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Detail of outcome

UK response to the 1 March European Court of Justice ruling that insurance benefits and premiums after 21 December 2012 should be gender-neutral

Original consultation

This consultation ran from 8 December 2011 12:00am to
1 March 2012 11:45pm

Summary

Views sought on the proposed approach to implementing the European Court of Justice judgement views on how insurers can use gender as a risk factor.

Documents

Consultation document: UK response to the 1 March European Court of Justice ruling that insurance benefits and premiums after 21 December 2012 should be gender-neutral (PDF 491KB)

This file may not be suitable for users of assistive technology. Request a different format.

If you use assistive technology and need a version of this document in a more accessible format please email editor@hmtreasury.gsi.gov.uk quoting your address, telephone number along with the title of the publication ("Consultation document: UK response to the 1 March European Court of Justice ruling that insurance benefits and premiums after 21 December 2012 should be gender-neutral (PDF 491KB)").

Consultation description

Background

In March 2011 the European Court of Justice ruled that the use of gender as a risk factor by insurers should not result in individual differences in premiums and benefits for men and women, with effect from 21 December 2012. In June 2011 the Financial Secretary to the Treasury issued a statement setting out the Government’s initial response to the Court’s decision. In this the Government expressed its disappointment with the ruling, stressing that it believes it will have a negative impact on consumers. Despite this there remains an obligation to implement the judement into UK law.

In the June statement the Government clarified its view that the ruling applies only to new contracts entered into after 21 December 2012, meaning existing contracts are not affected. The statement also highlighted the Government’s intention to implement the ruling by amending the Equality Act 2010 and committed to publishing a consultation on the details of this approach along with an impact assessment before the end of the year.

The Government today publishes a consultation document on its proposed approach to implementing the judgement into law and its views on how insurers can use gender as a risk factor in the light of the judgment.

Consultation

The Consultation document seeks views on the Government’s legal interpretation of the judgment and the accompanying draft regulations that amend the Equality Act. It also seeks comments on the Government’s impact assessment and requests additional data that would contribute to a better understanding of the impact on consumers and insurers. Finally, it asks for views on some of the key issues arising from the judgment, such as the scope of indirect discrimination.

Consultation responses

The Treasury received 38 responses to the consultation, the majority of which were from the insurance sector. A list of respondents can be found in Annex C to the response document. The response document summarises the main issues raised by respondents under the six consultation questions and outlines the Government’s response to these. The Government position set out in this document is not intended to represent legal advice as only the courts have the authority to interpret the ECJ judgment.  We are very grateful to those who took the time to respond to this consultation.

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