Air Corps Chemical Abuse Survivors
An information resource for serving & former members of the Irish Army Air Corps suffering illness due to unprotected toxic chemical exposure in the workplace.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)Priority Question No. 2
To ask the Taoiseach and Minister for Defence his plans to carry out a medical or health audit of serving and former members of the Air Corps similar to that undertaken in Australia in order to identify those that may have been exposed on an ongoing basis to toxic chemicals during their service. [3490/18]
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)To ask the Taoiseach and Minister for Defence if the Air Corps at Casement Aerodrome, Baldonnel, County Dublin has ever used firefighting foams that contained either of the chemical ingredients PFOS, perfluorooctanesulfonic acid or PFOA, perfluorooctanoic acid; and if he will make a statement on the matter. [54318/17]
Seán Ó Fearghaíl, Ceann Comhairle (South Kildare, Fianna Fail)I regret that I have had to disallow the following question tabled by you.
“To ask the Taoiseach and Minister for Defence if the Air Corps at Casement Aerodrome, Baldonnel, County Dublin has ever used firefighting foams that contained either of the chemical ingredients PFOS, perfluorooctanesulfonic acid or PFOA, perfluorooctanoic acid; and if he will make a statement on the matter. [54318/17]”
The question is impinging on the functions of the Courts as per the provisions of Standing Order 59(3) which states: 59(3) a matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dail to encroach on the functions of the Courts or a Judicial Tribunal.
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To be very clear there are NO court cases at present pertaining to the use of PFOS or PFOA by the Irish Air Corps at Casement Aerodrome. Furthermore there are no Judicial Tribunals yet established into the use and / or misuse of these chemicals by the Irish Air Corps.
Perhaps the minister could answer a straightforward question without hiding behind Standing Order 59 (3)
In a series of articles across 2017, the Irish Examiner revealed serious concerns about the working environment within the Air Corps — matters that have seen allegations of a deliberate cover-up, of victimisation of whistleblowers, and of a lackadaisical attitude towards health and safety that has put lives at risk, writes Joe Leogue.
While the stories broken by this newspaper since January have posed a myriad of questions for the State and the Defence Forces, the issues have one common controversy running throughout.
Have technicians within the Air Corps developed cancer, neurological problems, and other chronic conditions as a result of unnecessary exposure to toxic chemicals during their time at Casement Aerodrome?
WARNING – Very long article reviewing the following topics.
Read full article on Irish Examiner website below…
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)QUESTION NO: 128
To ask the Minister for Finance further to Parliamentary Question No. 129 of 14 November 2017, if his attention has been drawn to the fact that the State Claims Agency commissioned a retrospective report covering 1980 to 2007 to be carried out by the formation safety office Air Corps on much of Casement Aerodrome, Baldonnell, which was issued on 6 February 2014; if the State Claims Agency carried out actions on receipt of the report such as issuing findings to the Minister for Defence, the Health and Safety Authority, the chief of staff of the Defence Forces or Casement Aerodrome authorities; and if it withheld it for future use or not as it saw fit in legal proceedings being pursued against the State. [53000/17]
Paul Kehoe (Wexford, Fine Gael)The SCA have informed me that in answering question 129 of 14 November 2017 it interpreted the request to relate to its audit programme carried out by its Risk Unit. They have also informed me that in August 2013 on receiving a claim in which it was alleged that personal injuries were caused by exposure to toxic substances in Baldonnel, the SCA emailed Litigation Branch and Claims Administration asking that a Liaison Officer (L.O.) be appointed to assist the SCA‘s investigations. The SCA also requested that the appointed LO prepare a detailed claims report setting out the background and circumstances of the claim. The SCA, although not privy to the decision, understands that the Formation Safety Officer was tasked with this request. The SCA subsequently received a report, in April 2014, titled “Chemical Exposure Report (1994-2005) (plaintiff name) Case” which was the only report furnished by the Defence Forces and related specifically to the period 1994-2005. As the report was requested by and provided to the SCA in the context of a claim, it is legally and professionally privileged, referring as it does to all the circumstances of the plaintiff’s claim. This report was prepared entirely for the conduct of the legal proceedings and its use was confined accordingly.
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Further explanation: Almost 2 years before multiple whistle-blowers made protected disclosures to the Minister for Defence and over two years before the Health & Safety Authority investigated appalling Irish AirCorps chemical health & safety, the State Claims Agency were aware (after interviewing serving personnel in 2013/2014) that there were continuing serious chemical health & safety breaches in Baldonnel causing ongoing unprotected exposure & injury to personnel.
Rather than be responsible, save lives and do the right thing by informing the Health & Safety Authority that there were ongoing breaches of health and safety legislation at Baldonnel. This included the lack of provision of chemical training and the lack of provision of PPE (both recommended by Forbairt in 1997). The State Claims Agency callously and indeed negligently decided to sit on the report.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)QUESTION NO: 61
To ask the Taoiseach and Minister for Defence if his attention has been drawn to the chemical exposure report 1994 to 2005 produced in 2014 by a person (details supplied); if a copy of that report was made available to the independent reviewer to allow them carry out a full assessment of the way in which the Air Corps dealt with recent whistle-blowers’ statements; if not, the reason therefor; and if its publication will be authorised. [52875/17]
Paul Kehoe (Wexford, Fine Gael)I can confirm to the Deputy that my attention has been drawn to the Chemical Exposure Report 1994 to 2005. As I outlined to the Deputy in my reply to Parliamentary Question number 547 of 26 September 2017, the report was undertaken in the context of ongoing legal proceedings. As the report is subject to legal privilege, it was not appropriate to make it available to the independent reviewer. The material used for the purpose of the review by the independent reviewer is listed in an appendix to his report, which is available on my Department’s website.
As the Chemical Exposure Report 1994 to 2005 is subject to legal privilege, it will not be published.
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So to paraphrase. An arm of the state withholds an internal legacy health & safety report from a state appointed independent third party investigator, who was appointed to review legacy health & safety of the same arm of the state.
Question : Did Christopher O’Toole know that this document was being withheld and if not why was he not informed. If Christopher O’Toole was informed that this document was being withheld then why did he not state this in his report?
An official tasked with reviewing whistle-blower allegations of chemical exposure within the Air Corps was not given access to the Defence Forces’ own report on the claims, the Government has confirmed.
Six former Air Corps staff are suing the State, claiming their exposure to chemicals while in the Defence Forces caused cancers and other chronic illnesses they now suffer.
Meanwhile, three whistleblowers came forward to allege health and safety mismanagement within the Air Corps, in the years up to 2016. A subsequent inspection by the Health and Safety Authority confirmed many of the complaints outlined in the whistleblowers’ protected disclosures.
A Freedom of Information request earlier this year from Deputy Aengus O’Snodaigh had revealed Junior Defence Minister Paul Kehoe had been given a copy of a report entitled “Chemical Exposure Report (1994-2005)”.
The Department of Defence, meanwhile, tasked former civil servant Christopher O’Toole with reviewing claims from three whistleblowers who alleged the health of dozens of Air Corps staff may have been seriously compromised by exposure to chemicals used to clean and service aircraft.
In his report, however, Mr O’Toole concluded the terms of reference he was given had been ‘impractical’, and noted that appropriate records to demonstrate the Air Corps complied with health and safety regulations “are not readily available”.
This week, the Sinn Féin TD subsequently asked Mr Kehoe whether Mr O’Toole was provided with a copy of the “Chemical Exposure Report (1994-2005)”.
Mr Kehoe said it would not have been “appropriate” to give the report to Mr O’Toole. “As the report is subject to legal privilege, it was not appropriate to make it available to the independent reviewer,” the minister said.
Read full article on Irish Examiner website below…
The Government is under increasing pressure to set up a commission of investigation into alleged health and safety management failures at Casement Aerodrome.
Tánaiste Simon Coveney said the Government has received and will consider whistleblowers’ thoughts on the independent review into their allegations of health and safety mismanagement within the Defence Forces, and recommendations would be drawn up to go to Cabinet on the matter.
It comes after the Irish Examiner revealed how former Air Corps staff are suing the State and claim they now suffer chronic illnesses — including cancer — as a result of the Defence Forces’ failure to adequately manage their exposure to the hazardous chemicals they used to service and clean aircraft.
The Irish Examiner also first reported how three whistleblowers raised concerns about how health and safety was managed in the Air Corps and alleged that missing inspection reports on conditions at Casement Aerodrome were destroyed as part of a cover-up to hide what the Defence Forces knew about the working environment.
Taking leaders questions in the Dáil for the first time as Tánaiste, Mr Coveney said he is “personally familiar” with some of the cases Labour leader Brendan Howlin raised and with previous whistleblowers at Casement Aerodrome.
Read full article on Irish Examiner website below…
The Government has written to the Defence Forces to demand a serving member who raised health and safety concerns within the Air Corps be protected under whistleblowers’ legislation.
The assurance from Junior Defence Minister Paul Kehoe came on the very day the whistleblower appeared before a Medical Board facing a charge of alleged “chronic ineffectivity” due to anxiety and a “work-related industrial dispute”.
The whistleblower had alleged that the Air Corps was failing in its duty to protect staff from the effects of the carcinogenic chemicals used to clean and service aircraft, and met Mr Kehoe to claim he was being victimised within the force for raising concerns.
Complaints from three whistleblowers led to an investigation from the Health and Safety Authority who threatened legal action against the Air Corps unless it improved its management of the hazardous chemicals.
An independent review of their claims found that documents “are not readily available” to prove the Air Corps was in compliance with health regulations on the use of toxic chemicals.
Read full article on Irish Examiner website below…
Great to see a change of tack by Minister Paul Kehoe in the Air Corps whistleblowers case and that he took steps to ensure the only serving whistleblower received a fair medical board hearing.
It appears that the O’Toole report may not have been a waste of time as it helped the government ascertain that the Whistleblowers are telling the truth with regards to past Irish Air Corps compliance with chemical Health & Safety legislation.
The next step is for the government consider our demands which are balanced, fair & necessary.
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The priorities of the Air Corps Chemical Abuse Survivors are firstly to prevent further unnecessary loss of life amongst survivors and secondly to improve the quality of life of survivors by reducing unnecessary suffering. Both the Royal Australian Air Force & the Armed forces of the Netherlands have offered templates as to how to approach unfortunate workplace chemical exposure issues with competence, fairness, justice & urgency.
We urge that all responsible organisations in the state such as political parties, government departments and the Defence Forces to work together to commit the state to provide the following for survivors as an ex. gratia scheme with no admission of liability by the state.
Current & future legal cases should be allowed to take their natural course unhindered whilst all survivors are cared for equally by the state.
Exposed current & former personnel to include from the following categories
JUNIOR MINISTER FOR Defence Paul Kehoe has said that attempts to dismiss a serving Air Corps whistleblower was not a disciplinary matter but was instead a way to ensure the long term health and safety of the member as well as the Defence Forces as a whole.
In the last 12 months, at least six former members of the Defence Forces have started legal proceedings against the State, alleging that they were exposed to toxic levels of chemicals and that a lack of protective equipment has left them with lifelong illnesses.
One of those whistleblowers was brought before St Bricin’s Military Hospital on Wednesday for a check-up. As things stand, he has not been dismissed on medical grounds.
Sinn Féín’s Aengus Ó Snodaigh, who has been following the case closely, said the man in question appeared before a medical hearing yesterday morning for the very reason he met the Minister of State – “that there was something rotten in the Air Corps in terms of health and safety, as he and other whistleblowers had outlined”.
Ó Snodaigh told the Dáíl: “His medical condition and others are directly related to mass exposure to highly toxic and carcinogenic chemicals.”In the last year, TheJournal.ie has reported on a number of elements on this whistleblower case.
Read full article on The Journal website below…
