Dáil Éireann Written Answers 25/10/18 – Department of Defence – Sick Leave

Jack Chambers (Dublin West, Fianna Fail)

QUESTION NO: 70

To ask the Taoiseach and Minister for Defence the number of sick days taken by members in each service of the Defence Forces to date in 2018. [44411/18]

Paul Kehoe (Wexford, Fine Gael)

In line with other sectors, sick leave statistics for the Defence Forces are compiled annually and provided to the Department of Public Expenditure & Reform (D/PER). These statistics are used in order to track the levels of absenteeism across the public service. The absence rates for the public service are then published by D/PER.

The total number of sick leave days claimed by members of the Army, Naval Service and Air Corps as of the 23rd October is outlined in the tabular format below.

Service	Sick Leave 2018 Up to 23/10/18	Service Strength Up to 31/10/18	Average Sick Leave Per Person
Army	55,242	7236	7.5
Naval Service	5,420	993	5.5
Air Corps	6889	709	9.7
Total	67,551	9028	7.5

*****

Why are Air Corps personnel 30% sicker than their Army counterparts.

DELAY – DENY – DIE

Dáil Éireann – Public Accounts Committee – 08/11/18

Catherine Murphy (Kildare North, Social Democrats)

I will move on to another area regarding the State Claims Agency. It relates to the Air Corps. The Air Corps used to hold information in relation to health and safety. Deputy Ó Snodaigh looked for information and stated it was misplaced. Subsequently, there was a court case. There were some whistleblowers. The State Claims Agency stated that no admission was made that the defendants exposed the plaintiff to dangerous chemicals or solvents, and that is the nub of what it relates to.

The State Claims Agency stated that it could confidently claim that there were no injuries due to any act or omission on its part and yet there was no documentation that could provide that confidence. Subsequently, there was a report, the O’Toole report, which stated that the records to demonstrate health and safety compliance are not readily available.

In such a situation where there is the absence of information, how can the State Claims Agency state it can confidently predict or state something when records were not available?

Mr. Ciarán Breen (State Claims Agency)

I apologise Chairman, I did not realise we were going to examine the general indemnity scheme. Generally, I am vaguely familiar with the particular case. While I do not have the exact facts or recollection of it, I am guessing that the reason we confidently stated what we did was either because of where the person was working or we had come to an independent view informed by the Air Corps around those liability issues. I really cannot put it further than that.

Catherine Murphy (Kildare North, Social Democrats)

Could Mr. Breen follow up with a note on it?

Mr. Ciarán Breen (State Claims Agency)

I will certainly. Maybe afterwards, the Deputy might give me the name of the case and I will follow it up.

*****

The State Claims Agency were aware from late 2013 / early 2014 that the Health & Safety failings at Baldonnel were in fact an “ongoing” issue and not just a “legacy” issue and failed to intervene by requesting the services of the HSA to protect Air Corps personnel. It took the actions of whistle-blowers at the end of 2015 before the HSA intervened in 2016 to improve Air Corps Health & Safety.

The State Claims Agency Risk Management branch had been carrying out “Safety Management Systems” audits of the Irish Air Corps, in selected units and at formation level, for a decade before the Health & Safety Authority were forced to intervene to protect personnel from ongoing CMR chemical exposures in 2016.

The NTMA operates a discretionary performance-related payments scheme for eligible employees, which includes staff assigned to the State Claims Agency. The scheme rewards exceptional performance having regard to the employee’s own performance, the performance of the employee’s area of responsibility and the overall performance of the NTMA. Performance-related payments are made in accordance with parameters approved by the Agency’s non-executive Remuneration Committee.

DELAY – DENY – DIE

Dáil Éireann Written Answers 06/11/18 – Department of Defence Health and Safety

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 124

To ask the Taoiseach and Minister for Defence the action he has taken or plans to take on foot of the O’Toole Report which has been sent to the whistle-blowers 12 months ago and feedback received a number of months ago; and if he will make a statement on the matter 45046/18.

Paul Kehoe (Wexford, Fine Gael)

The State Claims Agency is currently managing 7 claims taken by former and current members of the Air Corps for personal injuries alleging exposure to chemical and toxic substances whilst working in the Air Corps.

Three written disclosures were made, in November and December 2015 and January 2016, under the provisions of section 8 of the Protected Disclosures Act 2014, relating to alleged failings in the Defence Organisation in the area of Health and Safety. Legal advice was sought on how best to progress certain disclosures as elements related to matters which are the subject of the ongoing litigation. I appointed an independent reviewer to examine the disclosures.

Following receipt of the report of the independent reviewer, I invited the views of those who had made the disclosures and published the report. I also sent the report to the Chief of Staff for the views and actions of the military authorities to be set out. In parallel to the independent review, following an inspection in 2016, the Air Corps had continued to work with the Health and Safety Authority (HSA) to improve its health and safety regime. I have been informed by the military authorities that the HSA has formally noted the considerable progress made to-date by the Defence Forces towards implementation of a safety management system for the control of hazardous substances. Subject to completion of the improvement plan the HSA investigation is closed. However, it must be noted that in the Air Corps health and safety is a matter of ongoing monitoring, supervision and adjustment.

I am considering the responses I received from the parties and legal advice in the context of ongoing active litigation before deciding on the next steps to be taken….blah blah blah blah blah blah blah blah blah 18 men dead since Minister for Defence first notified minister considering report for a year now.

DELAY – DENY – DIE

Dáil Éireann – 8th November 2018 – Public Accounts Committee

Catherine Murphy T.D. (Kildare North)

Public Accounts Committee

Deputy Murphy questions Mr. Ciaran Breen the Director of the State Claims Agency, regarding the agency’s stance on claims taken agains the Irish Air Corps regarding unprotected toxic chemicla exposure.

Dáil Éireann Written Answers 23/10/18 – Department of Defence – Health and Safety

Jack Chambers (Dublin West, Fianna Fail)

QUESTION NO: 172

To ask the Taoiseach and Minister for Defence the changes in health and safety policies that have been implemented following the publication of the report of the independent reviewer, protected disclosures, Air Corps; and if he will make a statement on the matter. [43404/18]

Paul Kehoe (Wexford, Fine Gael)

I have sought the information from the military authorities and will revert to the Deputy when it is to hand.

Jack Chambers (Dublin West, Fianna Fail)

QUESTION NO: 173

To ask the Taoiseach and Minister for Defence if a programme that monitors actual exposure of Defence Forces members to hazardous substances either via personal air monitoring or biological monitoring as outlined in the report of the independent reviewer, protected disclosures, Air Corps is in place; and if he will make a statement on the matter. [43405/18]

Paul Kehoe (Wexford, Fine Gael)

I have sought the information from the military authorities and I will revert to the Deputy when it is available.

*****

DELAY – DENY – DIE

Dáil Éireann Written Answers 23/10/18 – Irish Air Corps – University of Limerick

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 166

To ask the Taoiseach and Minister for Defence the number of University of Limerick students that had been sent to Baldonnel for work experience. 43321/18

Paul Kehoe (Wexford, Fine Gael)

My Department facilitated work experience under the University of Limerick student Placement Programme for 3 students per year commencing in 1992 and ending with the 2008/2009 academic year.

*****

The 51 UL work experience students who served over 2 decades at Baldonnel shared substandard working conditions with military personnel at Baldonnel.
UL work experience students were exposed in an unprotected manner to Trichlorethylene, Trichloroethane, Dichloromethane, Isocyanates, Hexavalent Chromium compounds and MANY more CMR chemical. WITHOUT any PPE. So no basic protection like gloves, no eye protection, no respiratory protection.
UL work experience students were subject to hazing incidents (tubbings) just like their military counterparts.
The University of Limerick have so far refused to notify the affected students that they may have been exposed to high levels of toxic chemicals with lifelong consequences.
Of the admittedly small number of UL work experience students we have been able to track down, 2 out of 3 are suffering life changing illnesses consistent with illnesses suffered by their similarly exposed military colleagues.

DELAY – DENY – DIE

Dáil Éireann Written Answers 07/09/18 – Department of Defence

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 33

To ask the Taoiseach and Minister for Defence if there are restrictions on military leave for the week commencing 18 September 2018; the barracks and number affected; the reasons for same; and if he will make a statement on the matter. 36676/18

Paul Kehoe (Wexford, Fine Gael)

The day-to-day operational management of Defence Forces personnel is a matter, in the first instance, for the appropriate military authorities. The Defence Forces operates on a 24 hours a day, 365 days a year basis and this means that, on occasion, military leave has to be restricted for operational reasons.

The approval of annual leave is a matter for the military authorities in line with the operational requirements of the Defence Forces.

The Ministerial Review of the 58th Infantry Group who are due to deploy to UNDOF the following week will be held on the 19th September.

The Air Corp’s Annual General Officer Commanding inspection will take place on 21 September 2018 and some units will hold Unit Inspections on 17 and 18 September 2018.

DELAY – DENY – DIE

Dáil Éireann Written Answers 12/07/18 – Department of Defence – Departmental Legal Costs

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 66

To ask the Taoiseach and Minister for Defence the estimated costs of defending litigation on Lariam and Air Corps toxic chemical exposure in each year over the past ten years, excluding settlements; and if he will make a statement on the matter. [32063/18]

Paul Kehoe (Wexford, Fine Gael)

The State Claims Agency manages and provides legal representation in relation to personal injury claims taken against the Minister including claims in respect of current or former members of the Defence Forces in relation to alleged personal injuries that are referred to in the Deputy’s question.

The Department reimburses the State Claims Agency in respect of any external legal costs. This Department does not hold details of the breakdown of the legal costs incurred in respect of the different categories of personal injuries claims managed by the State Claims Agency on behalf of my Department.

*****

The state claims agency were aware from 2013/2014 that the Irish Air Corps toxic chemical exposure problem was still a LIVE issue and not just a LEGACY issue. They had an opportunity at this time to inform the HSA and to start to have the ongoing exposure problems rectified but they chose not to do so.
The state claims agency are therefore directly responsible for personnel enduring a further 2 years (approx) of unprotected exposure.
The State Claims Agency are in charge of their own cover up and have unlimited taxpayer funds to carry out this task.

DELAY – DENY – DIE

Dáil Éireann – Oral Question 38 – 26th June 2018 – Irish Air Corps Protected Disclosure

Mr. Aengus Ó Snodaigh (Dublin South-Central )

Question No. 38

To ask the Taoiseach and Minister for Defence if he has received a protected disclosure from a member of the Defence Forces (details supplied); if he has responded to the disclosure; and the action that has been taken on foot of the disclosure. — Aengus Ó Snodaigh. [27762/18]

*****

To be clear Minister Paul Kehoe & Taoiseach Leo Varadkar received this Protected Disclosure in December 2017, issued a receipt and have ignored since.

Dáil Éireann – Oral Question 7 – 10th May 2018 – Irish Air Corps Survivors

Mr. Aengus Ó Snodaigh (Dublin South-Central )

Question No. 7

Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence if the Chemical Exposure Report 1994-2005 will be released in order to provide former members of the Air Corps who are now chronically ill with information relating to the level of exposure they suffered in view of his recent call for candour and transparency in cases regarding the health of persons; and if he will make a statement on the matter

This relates to a matter that has been ongoing for a while. Given the current controversy around the checks for cervical cancer, there is a need for transparency in publishing reports that will help people suffering health consequences so they can manage future health needs.