Dáil Éireann Written Answers 16/01/18 – Question on Irish Air Corps usage of PFOS & PFOA disallowed

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.

*****

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)

DELAY – DENY – DIE

Dáil Éireann Written Answers 12/12/17 – Department of Finance – State Claims Agency – Irish Air Corps

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.

*****

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.

DELAY – DENY – DIE

Dáil Éireann Written Answers 12/12/17 – Department of Defence – Departmental Reports – Irish Air Corps

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.

*****

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?

DELAY – DENY – DIE

Enterprise Risk Management Recognition for the Defence Forces

Defence Forces personnel being presented with certificates from the State Claims Agency in McKee Barracks in recognition of compliance with health and safety management system audit process.

In photo from left to right: Comdt Thomas Farrell (OC Gormanston, Defence Forces), Sgt Gerald O’Gorman (Unit Safety Officer, 30 Inf Bn, Kilkenny, Defence Forces), Fiona Kearns (Senior Enterprise Risk Manager, SCA), Comdt Noel Maher (Defence Force Safety Officer), Cpl Ross Hayden (Unit Safety Officer Air Corps Military Training College), Ciarán Breen (Director, SCA), Brig Gen Peter O’Halloran Assistant Chief Of Staff, Capt Bronagh McMorrow (Unit Safety Officer CIS Group DFTC), Pat Kirwan (Deputy Director, SCA), Comdt Conor Ryan (Formation Safety Officer, DFTC), Paul Burke (Enterprise Risk Manager, SCA)

See State Claims Agency website below…

Delay – Deny – Die

Dáil Éireann Leader’s Questions 30/11/17 – Irish Air Corps

Brendan Howlin (Wexford, Labour)

In addition to his other duties the Taoiseach has retained for himself the role of Minister for Defence. It is not clear to me that he takes any real responsibility for the area of Defence. It is not acceptable for a Cabinet Minister to simply delegate the entire responsibility for a Government Department to a Minister of State. The Taoiseach does not answer parliamentary questions on the matter. I do not know if he attends monthly management meetings of the leadership team of the Department of Defence or if he regularly attends meetings with the Secretary General or other senior officials of the Department.

He seems to be sidestepping personal responsibility for his Department. Very serious issues are arising. The wives and partners of Defence Forces personnel are outside the gates of Leinster House this morning to continue to highlight some of these issues, in particular the clear fact that many members are leaving because they cannot live on current earnings. The Tánaiste will tell the House that the matter is being examined by a public sector pay commission, but the Government was happy to act unilaterally in respect of the new Garda Commissioner and the highly paid academics we needed to attract. I believe genuinely that the Government would find consensus in the House for a bespoke pay review for the Defence Forces, which is warranted and urgently required. I cannot understand why it is willing to recognise the Garda associations in pay negotiations but will not do the same for the representative associations of Defence Forces’ personnel.

Reports this week have made it clear that an Air Corps whistleblower faces discharge from the Defence Forces. That a serving member of the Defence Forces can face disciplinary action for chronic inactivity, as it was stated, following a work-related industrial dispute is disconcerting, in particular when it is reported that he has told the Minister of State that he was targeted for raising safety concerns. Mr. Christopher O’Toole has been appointed to examine protected disclosures on the working environment at Casement Aerodrome. It is reported that the terms of reference he was given were impractical. This is all the more concerning now that we know the State Claims Agency carried out a number of health and safety management audits of the Defence Forces and that the Defence Forces can only offer speculative explanations for why prior inspection reports from Casement Aerodrome have gone missing. That is unsatisfactory, especially in the light of the fact that copies of these documents are in circulation among politicians and the media. Efforts to establish whether the documents were deliberately destroyed have amounted to asking the Defence Forces to investigate themselves.

What action will the Government take to ensure every member of the Defence Forces will earn at least a living wage? Will it commit to recognising Defence Forces’ associations in pay negotiations? Is it satisfied that the Defence Forces’ members who met the Minister of State, Deputy Paul Kehoe, to discuss these concerns are receiving the full protection warranted under the Protected Disclosures Act? Has it considered the establishment of a commission of investigation to establish whether the health and safety management regime at Casement Aerodrome meets the standards of the day and whether the allegations have any credibility?

Simon Coveney (Cork South Central, Fine Gael)

The Deputy has asked a lot of questions. If I do not get to all of them on the floor of the House, I will respond having spoken to the Minister of State with responsibility for defence matters. I am personally familiar with some of the cases referred to and previous whistleblowers in relation to issues at Casement Aerodrome. I commit to coming back to the Deputy in detail on these issues.

Brendan Howlin (Wexford, Labour)

That is appreciated.

Simon Coveney (Cork South Central, Fine Gael)

The Government may have to make decisions on future actions there and we await recommendations from the Minister of State in that regard. It is something in which I have taken a personal interest and of which I have some knowledge, but I cannot go into the detail on the floor of the Dáil.

Seán Sherlock (Cork East, Labour)

It needs to happen on the floor of the Dáil.

 

Alan Kelly (Tipperary,Labour)

Look at what happened in the last week.

Simon Coveney (Cork South Central, Fine Gael)

There will be answers to these questions.

On the wives and partners of Defence Forces’ personnel who are making a point today, I note that successful negotiations with the Permanent Defence Force representative associations have led to significant pay increases under the Lansdowne Road agreement for Defence Forces’ personnel. The public service stability agreement for the period 2018 to 2020 provides for a series of further pay increases in the next three years. Given the ministerial offices Deputy Brendan Howlin has held, he will know of the difficulty in separating one sector from all others for special treatment in public sector pay, but that is what he is asking us to do. There are other issues about what the Department of Defence can do about other supports available to Defence Forces’ personnel. There have been reviews in that regard. There are many sectors in the economy and society that can make a very valid case for improved pay and working conditions. I understand that, of course, the Defence Forces will make that case for themselves through the representative organisations and, in this case, private family members. Of course, the Government will listen. However, we have to operate within a certain pay structure across the public sector. If we were to start to dismantle it for individual sectors, the Deputy knows of the chaos it would cause.

As a former Minister for Defence, I record the Government’s strong appreciation of the role the Defence Forces play. I have visited many peacekeeping missions around the world and had the privilege to spend time with families who have lost loved ones in the service of the country in the Defence Forces. They are valued. We are building personnel numbers in the Defence Forces and the recruitment campaign is a success. We are adding substantially more personnel to the Defence Forces than we are losing and will continue to see that trend develop into 2018.

Brendan Howlin (Wexford, Labour)

I appreciate the Tánaiste’s reply and understand he cannot give me a comprehensive response on the Casement Aerodrome issues. I look forward to either a direct briefing or a written response in due course. I have full knowledge of pay issues in dealing with the public service as a whole, but there is a compelling case to be made for separating out the Defence Forces for a bespoke review. I say this in the full knowledge of how difficult it would be. The shockingly low pay levels across the sector are having an impact on retention in key skills areas. When these difficulties arose in the health sector, we managed to formulate a way to deal with them. For example, we had a formula for skilled nurses. We need to recognise what is happening. The fact that the people concerned are not allowed to manifest their voices publicly does not mean that they should be ignored. As such, I ask whether consideration will be given to a unique pay review within the Defence Forces and outside the Public Sector Pay Commission.

Simon Coveney (Cork South Central, Fine Gael)

The Minister of State with responsibility for defence matters tells me that this is happening in the context of having special skill sets within the Defence Forces. It is important to note, having regard to the broader arrangements in place, that combined increases in recent months for new recruits have ranged from 8% to 24%, depending on the point on which they are on the pay scales. We are seeing an economy which can afford to pay the public sector more. The bodies which represent members of the Defence Forces have bought into and want to be part of negotiations and their members are starting to benefit, but that is not to suggest there is no frustration in the Defence Forces. However, across the public sector, including within the Defence Forces, deals negotiated with representative bodies mean that we will see continuous improvements in pay into the future, which is positive.

On the Air Corps, the Minister of State has only recently received observations and replies from the three individuals who made protected disclosures on the independent review report which he had commissioned and forwarded to them. Having received responses on the report from the three individuals, the Minister of State will have to make recommendations to the Government. We will make decisions on whether further action is required.

Alan Kelly (Tipperary,Labour)

The Taoiseach is the Minister.

 

*****

DELAY – DENY – DIE

Dáil Éireann – Questions from Opposition Leaders or their representatives to the Government – 30th November 2017

Dáil Éireann Written Answers 14/11/17 – Department of Finance – State Claims Agency

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 129

To ask the Minister for Finance the reason the State Claims Agency did not seek assistance from the Health and Safety Authority immediately when it discovered in 2013 and 2014 that serious and ongoing breaches of health and safety legislation, including lack of risk assessments, lack of chemical training and lack of personal protection equipment, were causing ongoing harm to personnel of all Air Corps ranks and none; and if he will make a statement on the matter. [48048/17]

Paschal Donohoe (Dublin Central, Fine Gael)

The NTMA have advised me that the State Claims Agency did not undertake audits in the Defence Forces in 2013 and 2014.

*****

Mr. O’Snodaigh did not ask about audits in the Defence Forces in this instance.

He asked why the “State Claims Agency did not seek assistance from the Health and Safety Authority immediately when it discovered in 2013 & 2014 that serious and ongoing breaches of health and safety legislation, including lack of risk assessments, lack of chemical training and lack of personal protection equipment, were causing ongoing harm to personnel of all Air Corps ranks and none.”

We wonder is the Minister of Finance also being mislead by the State Claims Agency’s culpability & negligence in this scandal.

DELAY – DENY – DIE

Dáil Éireann Written Answers 14/11/17 – Defence Forces – Air Corps Equipment

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 531

To ask the Taoiseach and Minister for Defence the reason he indicated (details supplied) further to the reply to Parliamentary Question No. 1383 of 7 November 2017, when the question related to the current gloves being used by Air Corps personnel for protection against toxic chemical exposure was found to have been inadequate and if there was an oversight on procurement of health and safety personal protective equipment; and if he now will answer the question posed. [48165/17]

Paul Kehoe (Wexford, Fine Gael)

The Deputy will appreciate that it would be wholly inappropriate for me to comment in respect of any matters relating to ongoing litigation and I deemed the wording of his previous question to be such as to potentially encroach into the remit of the Courts in relation to the litigation referred to in my reply.

However, I wish to assure the Deputy that I have been advised by the Military Authorities that Air Corps personnel are provided with protective gloves as part of their Personal Protective Equipment which conform to European standards.

I have also been advised that the Air Corps Formation Safety Office selects and approves all gloves for use by all personnel in the Air Corps.

*****

Minister Kehoe must be reminded of the F1-11 Deseal / Reseal scandal in the Royal Australian Air Force whereby thousands of personnel were injured by chemical exposure. 

In this scandal the RAAF personnel did have PPE but it was discovered, well after the fact, to be inadequate and in some instances PPE gave only 4 seconds of protection. We strongly urge that Minister Kehoe is not complacent on this issue and that he ensures that the foundations of further injury to Air Corps personnel are not being currently laid.

Minister Kehoe MUST ensure independent oversight of PPE selection or at the very least competent verification that the PPE chosen is adequate for the task . 

DELAY – DENY – DIE

Dáil Éireann Written Answers 7/11/17 – Defence Forces – Air Corps Equipment

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 1383

To ask the Taoiseach and Minister for Defence his views on the recent discovery at Casement Aerodrome, Baldonnel that gloves provided to personnel to protect them from toxic chemical exposure had been found to offer inadequate protection; if harm has been caused to personnel as a result of this inadequate protection; and if there was independent oversight into the process of choosing and purchasing health and safety personal protective equipment. [46383/17]

Paul Kehoe (Wexford, Fine Gael)

The Deputy will be aware that the State Claims Agency is currently managing six claims taken between 2013 and 2016 by former and current members of the Air Corps against the Minister for Defence for personal injuries alleging exposure to chemical and toxic substances whilst working in the Air Corps in Baldonnel in the period 1991 to 2006. Given my responsibilities and the fact that the Minister for Defence is the Defendant in these claims, you will appreciate it would be inappropriate for me to make any comment in relation to these cases whilst such litigation is ongoing.

*****

It appears that Minister Kehoe & the Department of Defence have taken to hiding behind the fact that legal cases are ongoing regarding LEGACY Health & Safety failings in the Irish Army Air Corps, in order to avoid answering questions regarding CURRENT Health & Safety failings in the Irish Army Air Corps.

The CURRENT problem of gloves used by spray painters quickly disintegrating in contact with solvents has NOTHING to do with ANY ongoing court cases.

DELAY – DENY – DIE

Dáil Éireann Written Answers 24/10/17 – Department of Defence – State Claims Agency

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 437

To ask the Taoiseach and Minister for Defence the number of years the State Claims Agency has been auditing the Defence Forces. [44987/17]

Paul Kehoe (Wexford, Fine Gael)

The State Claims Agency have conducted Health & Safety Management System audits of the Defence Forces since 2006. These type of audits were completed in 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2015.

*****

It now comes to light why the State Claims Agency are fighting Air Corps Chemical Abuse Survivors with surprising vigour and happy to let personnel die rather than assist them.

The State Claims Agency, and by association the National Treasury Management Agency, are equally culpable & negligent in the Air Corps toxic chemical scandal which shows their state wide Health & Safety Management System audit regime is built on sand.

DELAY – DENY – DIE