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

Protest by ex-Air Corps personnel targets Minister Paul Kehoe

A group of former air corps personnel say they will campaign against junior defence minister Paul Kehoe’s re-election in his Wexford constituency in protest at his response to health and safety issues within the force.

The group, Air Corps Chemical Abuse Survivors, picketed outside Mr Kehoe’s constituency office in Enniscorthy, Co Wexford, on Saturday, and have claimed that 19 of their former colleagues have died since whistle-blowers raised concerns three years ago.

Seven former air corps technicians are suing the State, alleging that their exposure to toxic solvents in the course of their duties has caused them to suffer from chronic illnesses including cancer.

“Both the Minister for Defence, Leo Varadkar, and the minister of state with responsibility for defence, Paul Kehoe, have failed to offer medical help to save the lives and ease the suffering of Air Corps Chemical Abuse Survivors and apparently believe the best place to get medical help is via the High Court,” said the protest group in a statement.

“In the meantime the State Claims Agency is doing all in its power to prevent cases of injured Air Corps personnel from reaching court in order to hide their own negligence.”

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

Air Corps chemicals safety system ‘deficient’

The safety management of chemical hazards within the Air Corps was “significantly less developed than expected” when inspected in 2016, according to an internal report by the health watchdog.

The document is the latest to raise questions about historic conditions within the Air Corps base at Casement Aerodrome, Baldonnel, amid whistle-blower allegations and personal injury claims taken against the State by former personnel who now suffer chronic illnesses.

In late 2015, the Health and Safety Authority (HSA) received complaints by former and serving members of the Air Corps, who had claimed personnel were not being adequately trained or being protected from the effects of the cancer-causing chemicals used to service aircraft.

The HSA inspected the site and then wrote to the Air Corps to threaten legal action against the force unless its recommended improvements were implemented, as previously reported by the Irish Examiner.

These recommendations included providing gloves, eye protection, and respirators to those using toxic chemicals, and the monitoring of personnel’s health.

While the HSA has since closed the case and said the Air Corps has implemented its recommendations, a review of the case, released to this newspaper under the Freedom of Information Act, reveals further criticism of conditions in Baldonnel at the time of the inspection.

“However the safety management system for control of chemical hazards was noted to be significantly less developed than would be expected for an organisation of the size and resources of the Air Corps,” the HSA inspector noted in his review.

Read full article on Irish Examiner website below…

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

A message from the office of General Officer Commanding Air Corps

Having served as GOC AC for just over six months it is fair to say that I now have a new insight into the Air Corps and its people. Following on from the recent visit by Minister Kehoe, and my experience in the office to date, I can say with certainty and confidence that I am heartened by the dedication and professionalism of the Air Corps and its personnel, and the very reals individual commitment displayed by you all.

I make no secret of the fact that as an organisation SAFETY is our priority and I am very aware of the value and significance of your own individual contribution to this end. Each and every one of us has a direct responsibility when it comes to safety, and the culture we espouse to, and we must strive to do our very best to achieve this. I am conscious of the fine efforts of all with regard to this shared goal.

“Let there be no ambiguity the Air Corps has an excellent Safety Record”

Untimely deaths of serving and former Air Corps personnel are either increasing or we are missing earlier deaths. The statistics of untimely deaths quite clearly show that the GOC Air Corps is talking nonsense and misinforming the men & women under his command as well as members of the Oireachtas.

Let there be no ambiguity, the Air Corps has an excellent Safety Record and associated Health & Safety regime. We are at the forefront of industry when it comes to processes and standards. This is a real and direct result of the professionalism and expertise of our people and their commitment, and should not be underestimated by and of us.

Cleaning weapons after air firing at Waterford July 2018. Inadequate PPE – Skin, Eyes & Respiratory exposure all in breach of MSDS

I am fully aware that not everything is perfect and we still have a journey to go. With this in mind I want to re-emphasise that when we see a need for change and development that we drive that from within. My message is clear, we all have a duty to drive this progress and you are all empowered to take ownership, and indeed action, when required. Whether it’s the need for specific equipment or a course of training, don’t ignore it and move on , make it happen. It is only with this attitude and outlook that we will be truly successful in our quest. You have my backing and my confidence in this regard.

When a full time Health & Safety enforcement official was requested Air Corps management responded that his could not be economically justified. With 63 men dead, management cannot justify a full time Health & Safety enforcement official but can continue to justify a full time Catholic chaplain costing approximately €60,000 per annum.

Refueling in July 2017, skin and eyes exposed to fuel splashes. Respiratory exposure to kerosene & FSII fumes, aerosols & vapors.

In closing, I am filed with pride on a daily basis when I see the dedication and commitment of our people. Your work and your actions make a real and tangible contribution to the State and its Citizens. and this should never be undervalued. I truly hope that you share in this pride and continue to demonstrate the admirable ethos and values that define the Air Corps

Sean Clancy
Brigadier General
General Officer Commanding the Air Corps

January 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

Department of Defence coy on probe of bullying claims

An air corps whistleblower has been told that it is “difficult to envisage” how the Department of Defence would investigate complaints of bullying made in a protected disclosure about chemical exposure within the force.

The protected disclosure, seen by the Irish Examiner, contains allegations that the whistle-blower was doused in chemicals used to service aircraft as an initiation, and was frequently exposed to chemicals without protective equipment as he carried out his duties in the Engine Shop at Casement Aerodrome, Baldonnel.

He alleges that he became ill while still serving in the air corps, but was targeted by superiors for his frequent absences due to sickness.

His complaints match those of a number of other whistleblowers, and the State is currently facing at least seven separate legal actions from former air corps staff who claim they are chronically ill due to their exposure to chemicals at Casement Aerodrome.

A Government-commissioned report by former civil servant Christopher O’Toole into earlier whistleblower disclosures found there was no documentation available to demonstrate that the air corps met its health and safety obligations.

The latest whistleblower called on the Government to launch a fresh review into the complaints about conditions in Casement Aerodrome, and asked that his allegations of bullying be considered as part of this probe.

“My allegations need to be investigated in full as part of a wider investigation into the air corps chemical exposure scandal and the subsequent bullying and mistreatment of personnel injured by the same chemical exposure,” states the whistle blower.

Read full article on Irish Examiner website below…