Report of Independent Reviewer – Protected Disclosures – Air Corps

Terms of Reference

The review shall encompass a review of all relevant documents held by the Department and the Defence Forces, any additional material as may be supplied or received by the Reviewer, and interviews of such persons as considered appropriate by the Reviewer.

The Reviewer will:

Review the allegations as detailed in the written correspondence to the Minister and determine if –
- In the period covered by the disclosure, did the Air Corps comply with relevant Health and Safety standards with regard to the safe use of toxic chemicals and if not what action has been taken in the intervening period to ensure compliance.
In relation the disclosure, provide considered views and observations in relation to the allegations set out.
Provide such other considered views and observations as are considered necessary.

The Reviewer shall be provided with access to all available documentation relevant to the events and any other documentation requested by the Reviewer.

The Reviewer shall be provided with the names of all relevant persons, including serving or retired members of the Defence Forces, or other persons the Reviewer considers appropriate. The Reviewer shall endeavour to interview or take statements from all relevant persons.

The Department of Defence and the Defence Forces shall each appoint a liaison officer to provide the necessary information required in order to conduct the review and to assist the Reviewer in identifying the relevant persons to be interviewed.

The review shall be submitted to the Minister with Responsibility for Defence by the Reviewer.

*****

Please click on the link below to open the report on the Department of Defence website.

O’Toole . Report into Air Corps Protected Disclosures

Dáil Éireann Written Answers 04/10/17 – Department of Defence – New Recruit Chemical Training

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 234

To ask the Taoiseach and Minister for Defence if chemical health and safety training is provided to new recruits and cadets as part of their basic training; and if not, if it will be made mandatory as soon as possible. [42131/17]

Paul Kehoe (Wexford, Fine Gael)

I am advised by the relevant military authorities that basic Health and Safety training is provided to all new entrants to the Defence Forces. Where a requirement for more specific Health and Safety training is identified for an individual or group of individuals for their post, this training is provided by qualified Defence Force safety personnel. For example individuals working with chemicals will receive Chemical Awareness training as required.

*****

DELAY – DENY – DIE

Dail Éireann Written Answers 04/10/17 – Department of Defence – Air Corps Chemical Risk Assessments

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 233

To ask the Taoiseach and Minister for Defence the number of chemical risk assessments on record with the Air Corps group formation health and safety office. [42130/17]

Paul Kehoe (Wexford, Fine Gael)

As this matter pertains to litigation which is ongoing, it would be inappropriate for me to comment at this time.

*****

DELAY – DENY – DIE

Dail Éireann Written Answers 26/09/17 – Department of Defence – Protected Disclosures

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

548. To ask the Taoiseach and Minister for Defence if he has acted on the information relayed to him by a whistleblower that specifically named the Defence Forces official who allegedly ordered the destruction of health and safety documents; and if he will make a statement on the matter. [40485/17]

Paul Kehoe (Wexford, Fine Gael)

As I have previously indicated to the House, this matter was raised with me in correspondence where certain allegations were made that the documents had been destroyed. The correspondence in question was also addressed to the Chief of Staff and to the Deputy. I requested a report from the Chief of Staff on the actions taken on foot of the accusation.

He has informed me that the officer named met with the General Officer Commanding the Air Corps. The officer concerned has refuted the allegations made and it should further be noted that documents referred to were not military documents, nor did they carry any military security classification.

*****

Can we suggest that Minister Kehoe and the Chief of Staff meet with the NCO who was ordered to destroy the Health & Safety documents to hear his testimony first hand.

Can we also suggest that the Minister & Chief of Staff meet with the Health & Safety officer who commissioned the reports to determine his recollection of the contents of the Tech Stores Air Quality Report & the Ramp Carbon Monoxide report.

Perhaps they might also ask the Health & Safety officer why the adverse findings in the 1995 ERF report and the recommendations in the 1997 Forbairt report were not communicated to lower ranks and why the recommendations for PPE and chemical training were not acted upon for 20 years.

DELAY – DENY – DIE

Dáil Éireann Written Answers 26/09/17 – Department of Defence – Chemical Exposure Report

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

547. To ask the Taoiseach and Minister for Defence if he will waive legal privilege and publish the Chemical Exposure Report 1994-2005 in the public interest and in the interest of transparency. [40484/17]

Paul Kehoe (Wexford, Fine Gael)

The report referenced by the Deputy was prepared in the context of ongoing legal proceedings. As the release of the report could adversely impact on those proceedings, I will not be releasing the report.

*****

Minister Paul Kehoe must note that there are many personnel who have not taken legal action but whose lives are being regularly threatened by illness flare-ups of pneumonia type illness, hypokalaemia & other incapacitating occurrences such as stroke like symptoms that are currently defying diagnosis

Being able to provide firm evidence of unprotected toxic chemical exposure through dangerous work practices, to treating doctors & consultants, may assist these medical personnel successfully diagnose & treat our colleagues.

The State Claims Agency, who is advising the Minister and his department, does not give a damn whether serving or former personnel live or die and furthermore they couldn’t give two hoots about Minister Kehoe’s political career.

Minister Kehoe needs to be fully aware that not releasing this document will cost lives.

DELAY – DENY – DIE

Dáil Éireann Written Answers 20/09/17 – Department of Defence – Defence Forces Properties

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

810. To ask the Taoiseach and Minister for Defence if his attention has been drawn to the fact that dangerous chemicals such as ardrox 666 were disposed of for the Air Corps by a company that collected and disposed of all such highly toxic, corrosive and carcinogenic chemicals; and if the amount of chemicals purchased corresponds with the amount sent for safe disposal by the company engaged by the Air Corps to carry out such work in the past 20 years. [39259/17]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

811. To ask the Taoiseach and Minister for Defence if his attention has been drawn to the fact that dangerous chemicals were over the years in a systematic fashion leeched into the soil on lands at Casement Aerodrome, Baldonnel; if soil and or ground water samples have been taken on the 600 acre site at Baldonnel during the past 20 years; if so, the results of those tests; the action taken to prevent this practice; if decontamination of the soil occurred; and if such practice has now ended. [39260/17]

Paul Kehoe (Wexford, Fine Gael)

I propose to take Questions Nos. 810 and 811 together. As this matter pertains to litigation which is ongoing, it would be inappropriate for me to comment at this time.

Dáil Éireann Written Answers 20/09/17 – Department of Defence – Defence Forces Properties

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

817. To ask the Taoiseach and Minister for Defence if the State Claims Agency has been tasked with taking health and safety risk assessments at Casement Aerodrome, Baldonnel; the date on which these assessments commenced; if they are still ongoing; the findings of these health and risk assessments; and if he will make a statement on the matter. [39834/17]

Paul Kehoe (Wexford, Fine Gael)

I am advised that the State Claims Agency do not undertake health and safety risk assessments in the Defence Forces. This function is the responsibility of the Defence Forces.

With regard to the Air Corps, the Deputy will be aware that the Health and Safety Authority (HSA), following a number of inspections in 2016, issued a Report of Inspection to the Air Corps on 21 October 2016, listing a number of matters requiring attention which included the areas of risk assessment.

The Air Corps as a consequence of this HSA report have implemented an improvement plan which is being conducted over eight phases. Seven of the eight phases have now been fully completed. The final phase is a continuous ongoing process. The implementation plan focuses on a number of areas, including risk assessments.

Dáil Éireann – Priority Question 36 – July 11th 2017

To the Taoiseach and Minister for Defence.

36. To ask the Taoiseach and Minister for Defence if his department contacted the companies or persons that carried out the 1990s safety reports into aspects of the Air Corps’ safety procedures at Casement aerodrome, Baldonnel on behalf of the State agency Forbairt in order to ascertain if they might still have copies of the reports that his department claims to have lost.

Aengus Ó Snodaigh. [32262/17]

Dáil Éireann – Priority Question 29 – July 11th 2017

To the Taoiseach and Minister for Defence.

29. To ask the Taoiseach and Minister for Defence his views on whether it is credible that all copies of the reports of inspections into health and safety at Casement Aerodrome in the 1990s sent by Forbairt to the Department of Defence in 1995, 1997 and 1998 have disappeared; his further views on the position of military authorities whose unconcern at their disappearance is matched by their inaction when informed the reports were missing; if he will initiate an independent probe into the disappearance of these reports which whistle-blowers claim in a protected disclosure were to be shredded on the orders of a named official; and if he will make a statement on the matter.

Aengus Ó Snodaigh. [32215/17]

Dáil Éireann – Priority Question 28 – July 11th 2017

To the Taoiseach & Minister for Defence.

28. To ask the Taoiseach and Minister for Defence when he received the report reviewing claims made by Air Corps whistle-blowers; when it will be published; and if he will make a statement on the matter.

Lisa Chambers. [32775/17]