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As the Chemical Exposure Report 1994 to 2005 is subject to legal privilege, it will not be published.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

Dáil Éireann Written Answers 18/10/17 – Defences Forces – Protected Disclosures

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 38

To ask the Taoiseach and Minister for Defence his views on a person’s (details supplied) contention contained within their report on health and safety procedures at Casement Aerodrome that they lacked the powers, experience and competence to investigate the allegations made by the whistleblowers; the reason the scope of a review was so limited despite assurances made by him in Dáil Éireann that the review would adequately deal with the allegations made in the protective disclosures received by his Department; and if he will make a statement on the matter. [44025/17]

Clare Daly (Dublin Fingal, Independent)

QUESTION NO: 47

To ask the Taoiseach and Minister for Defence his plans to commission a second review of claims by former Air Corps staff that say their exposure to toxic chemicals from the late 1980s to the early 2000s caused chronic illnesses in view of the fact that the person commissioned to perform the first review (details supplied) has stated that they were not in a position to consider the substances in use or implications for human health arising from such use in view of the fact these issues are outside their competence. [43976/17]

Séan Crowe (Dublin South West, Sinn Fein)

QUESTION NO: 165

o ask the Taoiseach and Minister for Defence the reason the report into allegations contained within protective disclosures relating to Casement Aerodrome fails to address that staff are at greater risk of serious illness as a result of their service at Baldonnel; and his views on whether these serious matters can only be properly assessed through a thorough health study and survey of current and former members. [44041/17]

Paul Kehoe (Wexford, Fine Gael)

I propose to take Questions Nos. 38, 47 and 65 together.

The health and welfare of the men and women of the Defence Forces are a priority for me; that is why I ensured that protected disclosures alleging exposure to chemical and toxic substances were investigated by an independent third party. The reviewer’s report has indicated that he felt that given the breadth of the remit of the Terms of Reference he commented in general terms on the Defence Force safety regime.

It must be remembered that prior to the receipt of the disclosures, litigation had first been initiated in relation to the subject matter of the disclosures. This therefore complicated the approach to be taken in developing any parallel process. Notwithstanding this significant challenge, I put in place just such a parallel process. In light of the legally complex situation, I believe it was appropriate that an experienced legal professional was appointed.

It was the view of the independent reviewer that the Courts are best placed to examine issues in relation to allegations which were already subject to litigation. This is so given the historic nature of the complaints, and, significantly, that it potentially affects the reputations and good names of individuals. What the report shows is the difficulty in putting a parallel process to the courts in place.

The report also notes that the Health and Safety Authority is the appropriate statutory body to deal with such allegations.

I have furnished the report to those who made the protected disclosures and, before considering any further steps, I will await their views.

Separately and in parallel to the independent review, following an inspection in 2016, the Air Corps has 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.

*****

DELAY – DENY – DIE

Dáil Éireann Written Answers 11/10/17 – Department of Defence – Air Corps

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 199

To ask the Taoiseach and Minister for Defence the action he will take in view of the recognition in a review (details supplied) of Air Corps whistleblower claims that the author was not in a position to consider the substances in use or implications for human health arising from such use as these issues are outside their competence. [43179/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 200

To ask the Taoiseach and Minister for Defence if a comprehensive inquiry will take place into the health and safety regime in the Air Corps and compliance with that regime in a period stretching back over 20 years in view of a review (details supplied). [43180/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 201

To ask the Taoiseach and Minister for Defence the action he will take in view of the description of a review (details supplied) by its own author as an informal review; and if a formal review will now take place. [43181/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 202

To ask the Taoiseach and Minister for Defence the action he will take in view of the finding of a review (details supplied) by its own author that it is their view that a review of the kind envisaged by the terms of reference is impractical and therefore they can only comment in general terms on the safety regime; the way in which he plans to deal with this identified impracticality; and if he will make a statement on the matter. [43182/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 203

To ask the Taoiseach and Minister for Defence his views on the observation in a review (details supplied) that, in the context of a work environment subject to military discipline in which obedience to the instructions of a superior is a key requirement, there are obvious difficulties for a person raising safety concerns; his further views on the view of the informants in this matter that they were not able adequately to raise safety concerns and that when they did raise concerns these were ignored; and the action that will be taken to address the difficulties and concerns of the informants. [43183/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 204

To ask the Taoiseach and Minister for Defence his views on the observation in a review that the Defence Forces need to be able to demonstrate that an adequate system is in place to ensure that safety concerns can be raised by a member of any rank and to show that it has an ethos which makes safety the concern and responsibility of all; and the action he will take to achieve this. [43184/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 205

To ask the Taoiseach and Minister for Defence his views on the observation in a review (details supplied) that the military authorities need to ensure that the role of the Health and Safety Authority in relation to workplace safety is understood and that there is an effective system in place to enable persons to raise safety concerns. [43185/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 206

To ask the Taoiseach and Minister for Defence if the military authorities ensure that documentation and records detailing compliance with safety regimes exist and that they are readily accessible to staff as per the observation in a review (details supplied). [43186/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 207

To ask the Taoiseach and Minister for Defence if he will authorise an independent and comprehensive health assessment of the informants’ claims and of Defence Forces health and safety records in dealing with hazardous chemicals over the past 25 years. [43187/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 208

To ask the Taoiseach and Minister for Defence the action he will take in view of the recognition in a review (details supplied) of Air Corps whistleblower claims that the author was not in a position to judge whether there is now or was at the relevant time an actual level of exposure which was in fact potentially harmful. [43188/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 209

To ask the Taoiseach and Minister for Defence the action he will take in view of the observation in a review (details supplied) of Air Corps whistleblower claims that all Defence Forces personnel are supposed to receive a routine medical at regular intervals but there appears to have been no special provision for personnel involved in maintenance work or a special alert in relation to persons that may have handled toxic chemicals. [43189/17]

Lisa Chambers (Mayo, Fianna Fail)

QUESTION NO: 210

To ask the Taoiseach and Minister for Defence the action he will take in view of the observation in a review (details supplied) of Air Corps whistleblower claims that risk assessment material which the author saw are not comprehensive enough to provide a clear view of the basis for the assessment made. [43190/17]

Paul Kehoe (Wexford, Fine Gael)

I propose to take Questions Nos. 199 to 210, inclusive, together.

I have made it clear that the health and welfare of the men and women of the Defence Forces is a priority for me and therefore, I ensured that protected disclosures alleging exposure to chemical and toxic substances whilst working in the Air Corps in Baldonnel were investigated by an independent third party. I have furnished the report to those who made the protected disclosures and, before considering any further steps, I will await their views. In light of this and given that some of the allegations relate to matters that are the subject of litigation, commenced before the protected disclosures were made, it would not be appropriate to comment further.

Separately and in parallel to the independent review, following an inspection in 2016, the Air Corps has 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.

*****

DELAY – DENY – DIE