An information resource for serving & former members of the Irish Army Air Corps suffering illness due to unprotected toxic chemical exposure in the workplace.
The settlement between the State and Gary Coll closes one chapter in the allegations by former Air Corps technicians that they were exposed to dangerous chemicals while working on military vehicles. However, as Joe Leogue outlines, many more cases and issues of disclosure remain unresolved
Ex-Air Corps member Gary Coll from Lifford, Co. Donegal. The State has agreed to pay €2 million to a former Air Corps technician who was allegedly exposed to toxic chemicals which he says caused severe health difficulties. Photo by Joe Dunne
A settlement on the steps of a court usually marks the conclusion of a dispute — however, the reported €2m pay-out to Defence Forces mechanic Gary Coll on Wednesday is but another development in a bitter dispute between the State and former Air Corps technicians that has raged on for over a decade.
Mr Coll settled his High Court action against the State having alleged he was exposed to various dangerous chemicals while he worked at Casement Aerodrome in Baldonnel, Dublin. The settlement was made without an admission of liability.
The State contended it provided a safe workplace at Casement, and did not allow inappropriate work practices there.
The settlement is a milestone in an ongoing saga that is complex, but at its core comes down to two simple, related, questions; did the State fail in its duty to protect scores of Defence Forces staff from the impact of harmful chemicals, and were there attempts to cover this up?
Mr Coll’s case was the first of 10 such legal actions to come to an end, with all 10 cases bearing similar complaints. The first legal claims were lodged with the High Court in 2013, and all litigants worked in repair and service workshops based in Casement Aerodrome.
All 10 say that they suffered chronic conditions including cancer and neurological problems as a direct result of their exposure to the chemicals with which they came into contact as part of their duties when servicing Air Corps aircraft.
In 2017, then in opposition, Fianna Fáil leader Micheál Martin was scathing of the report, accusing the government of knowingly appointing a reviewer who, by his own admission, was unable to meet the terms of reference of the investigation.
“It’s farcical. It seems to me there are no records of compliance with health regulations, which is very, very serious because in their absence one has to conclude that the probability is they were not complied with,” he said.
“The government needs to establish a forensic examination into this,” Mr Martin added.
“I don’t think it is acceptable to wait for court cases against the State to conclude as there is no guarantee these legal proceedings will establish what happened in the past.”
That line has proven particularly prescient eight years later. The settlement of Mr Coll’s case this week means that no evidence was heard. Nothing has yet established what has happened in the past.
This matters to the former Air Corps mechanics for many reasons. Chief among these is that since 2018 the government rejected opposition calls for a healthcare programme for these workers — similar to the Australian model — on the basis that the courts were the place to establish liability.
It is understood an internal safety audit uncovered issues that rendered the planes unsuitable for flying until each aircraft had undergone extensive checks.
The Air Corps has grounded a number of planes over safety concerns about how the nuts and bolts holding them together are tightened, the Irish Examiner can reveal.
It is understood an internal safety audit uncovered issues that rendered the planes unsuitable for flying until each aircraft had undergone extensive checks.
The main concerns are understood to centre around the type of tools used to tighten the planes’ bolts, and the application of what is known as “proper torque”.
This is the specified tightening force needed to apply to an aircraft’s nuts and bolts and which has a force with a specific range prescribed in that particular aircraft’s maintenance manual.
If specially calibrated torque wrenches are not used to tighten nuts and bolts every time, this can lead to problems — including propellers falling off and internal engine damage.
The General Officer Commanding of the Air Corps Brigadier General Rory O’Connor is understood to have summoned all Air Corps engineers officers to meet him about the results of the audit.
The meeting, which was held at the Air Corps base at Baldonnel during the week, is understood to have led to a number of crews being “berated” over safety standards.
“Everyone in Baldonnel is talking about the audit, and the fact that some of the tools used on these very expensive aircraft were bought from a supermarket.”
The Chief of Staff of the Defence Forces Lieutenant General Seán Clancy has been briefed on the issue and it is understood there is now an investigation underway about what happened and why.
Central to Gary Coll’s claims was that he underwent ‘tubbing’, a form of hazing where workers were submerged in a bath of unspecified chemicals and oil
The State has agreed to pay €2 million to a former Air Corps technician who was allegedly exposed to toxic chemicals which he says caused severe health difficulties.
The case against the Department of Defence is the first of 10 personal injuries cases due before the courts relating to the exposure of Air Corps members to dangerous chemicals and solvents used in aircraft maintenance.
Gary Coll (51), from Lifford, Co Donegal, joined the Air Corps in 1991, when he was 17, and worked in the avionics section until 1997.
In a statement of claim, he made a large number of allegations against his former employer including that he was not provided with a safe working environment at the Air Corps headquarters in Baldonnell, Co Dublin, and that there was inadequate supervision regarding the use of dangerous chemicals.
Central to Mr Coll’s claims was that he underwent “tubbing”, a form of hazing where workers were submerged in a bath of unspecified chemicals and oil.
Mr Coll, who was once an accomplished athlete, detailed several psychological and physical issues that he alleged were caused by the chemicals. He said he is unable to walk any significant distance without a cane.
Seanad office receives 70 nominations in advance of Wednesday deadline for candidates backed by professional bodies
Former Independent TD Cathal Berry who lost his South Kildare Seat in the general election is to run in the Seanad election as is former Waterford Independent TD Matt Shanahan, both of them from the Regional Independent group in the last Dáil.
Mr Berry, a former Army Ranger and medical doctor who received nominations from Oireachtas members, said “national security is a priority around Europe at the moment … So you need people with a particular expertise to have a mature conversation about it. And that’s what the Seanad is all about.”
The Upper House is seen as a way for former TDs to remain in the Oireachtas to win back their Dáil seat in the following general election.
Read full article by Marie O’Halloran at the Irish Times
My name is Pat Reilly and I served in the Air Corps from August 1991 to October 2013. I now live in Queensland, Australia, having moved here in May 2014 from our home in Walsh Island, Offaly. I was an aircraft maintenance engineer for the first fourteen years in the Air Corps and later became a photographer. I think I may have worked with you at one stage as a photographer.
I am writing to you regarding the toxic chemical scandal that has been destroying lives of former and serving Air Corps personnel but has been continually pushed aside by the Irish Government with a myriad of excuses including now, Covid-19, which they say is stopping legal documents from being signed due to social distancing.
I hope you don’t mind me sharing my story with you as I feel isolated here in Australia other than communicating occasionally with other veterans who are affected and very occasionally with the legal team who are trying their best to cut through the barriers the government are putting up back in Ireland.
While I’m no longer a voter in Ireland I’m still a citizen and I’m wondering can you ask a few questions around the chemical subject in the Dail as it has gone very quite the last year or so. I understand that Covid and the election has taken up a lot of time in the Dail but its this exact situation that I fear will be used to hide the scandal further as it seems to already have somewhat.
I would love to know when Minister Convey is launching his investigation into the subject as he promised and how long it will take. Time is critical in this matter as more and more of us are getting sicker by the day. It’s heartbreaking seeing relatively young men (possibly women also) cut down in their prime. Not being able to work and support their families and suffering debilitating symptoms day after day.
I’ll be honest and tell you there are tears flowing down my face typing this.I moved here to get away from Ireland and the job I loved because I was being bullied by my superiors in the Air Corps for being sick but now I’m unemployed due to my illness and trying to live off my Defence Forces pension and income insurance which may dry up any month now.
I feel worthless and a waster as I always gave 100% in any work I’ve done despite my illness. The only thing that’s keeping me sane and going in some respects is my medicinal Cannabis Oil which I was prescribed here last year after approval by the Australian government.
I’ve even lost the support of my wife who cant take our situation anymore and I fear for our marriage which is my second marriage after my first one broke up partially due to my illness also.
It seems that as soon as I hit my 40’s my body can no longer fight off my symptoms. Without my medication I have severe tremors and shakes and uncontrollable anxiety due to my sympathetic nervous system being damaged by the chemicals. This system also affects things like my bowels and stomach. It’s not a good experience when one soils themselves at work in front of customers.
I also have neuropathy in my legs where I cant feel and I lose control of my legs causing my knees to buckle and me to loose balance. My immune system is also damaged to the point I react to any sort of chemical smell, foods, materials and many other triggers. I cant breath properly and choke often due to damage in my nasal cavities which of course interrupts my sleep. Finally, I have a huge amount of pre-cancerous cells sitting their waiting to ruin me further, my doctor said she’s never seen this in anybody under 75.
All this has really taken its toll and I’m at the point I feel like giving up and I will share with you I was on the end of a rope earlier this year but I managed to talk myself out of it as I don’t want to be another statistic to add to the 78 dead already from untimely deaths in Baldonnel.
I decided there and then I didn’t want the government to win, I want them to apologize for the years of calling me a bluffer, a malingerer, telling ,me it’s all in my head. I also think at this stage we need a support package. I can no longer work no matter how much I tell myself I’d be ok working and I can no longer legally drive due to my medication. It’s literally like Russian roulette. I could work for a week or a day and then I’m too sick and have to go home which is why my current ‘employer’ (Apple) put me on an insurance plan as I became too unreliable despite having citations from the CEO of Apple for interactions with customers who emailed him to praise my work.
I could now be a Sgt Major in the Air Corps or an officer or be retired on a Flt/Sgts pension but this illness put a stop to all that. Instead I’m scraping by on a few hundred dollars and I’m stuck renting as no bank will touch me now and it sounds strange but I can’t even afford to move home to Ireland as logistically it would cost too much even to just give up and go.
I could go on all day explaining my illness and situation its that complex. I try to keep up a happy appearance on social media as some of my family and my 86 year old mother don’t know my situation and I don’t want her to be worried in her last few years.
I hope you don’t mind me writing to you as I needed to get this off my chest to somebody other than my wife and somebody like yourself who’s served and is now in a position to ask why we are being forgotten. The ministers involved keep using litigation as an excuse not to address the scandal as several of us have cases against the Dept but these are being dragged on and on the past six years with delay, deny, die tactics which is apparently the norm.
Thanks for listening Cathal and Sláinte,
Pat Reilly.
Berry’s utterly insensitive response, Pat very obviously is not “keeping well”
Dr Cathal Berry TD’s utteerly insensitive & unsympathetic response two months later disingenuously describing the Air Corps scandal as a legacy issue even though the Air Corps were issued chemical contravention notices as recently as December 2023.
I hope you are keeping well. I am sorry for only getting back to you now.
I do understand that the Air Corps Chemical Abuse scandal is a legacy issue and needs to be addressed properly.
I will certainly raise this soon with the Minister at an appropriate time.
This was the one and only communication Pat had from Cathal Berry and Oireachtas records show that Deputy Berry has NEVER raised this issue in the Dáil chamber.
Perhaps Deputy can put on the record the response from the Minister if he ever bothered to raise it outside the public record.
*****
Dr Berry this is NOT a legacy issue as you pretend and it most certainly is a live issue for those suffering needlessly and dying young.
But we know you don’t care, shame on you.
Read an article from Ken Foxe dated 21st May 2024 on TheStory.ie
“Why has Cathal Berry turned his back on Irish Air Corps whistleblowers?”
Cathal Berry has faced criticism for his stance on Irish Air Corps whistleblowers, particularly regarding his response to their allegations of wrongdoing and poor treatment within the organization.
While Berry has historically been vocal about the need for whistleblower protection and accountability in the military, his handling of specific cases involving the Irish Air Corps has raised eyebrows.
The controversy centers on his position as a public representative and his past ties to the Defence Forces. Berry, a former Army officer, was initially seen as an ally to whistleblowers within the military, advocating for reforms to address systemic issues. However, in recent years, particularly in relation to whistleblower claims from the Irish Air Corps, Berry has been perceived as less supportive, or even dismissive, of the concerns raised by those involved.
Some of the criticism stems from Berry’s reluctance to fully endorse or take a stronger public stance on specific whistleblower cases, possibly due to his complex relationship with the Defence Forces, where loyalty and internal solidarity can be deeply ingrained. His critics argue that, by not robustly supporting the Air Corps whistleblowers, Berry has failed to live up to his earlier promises of championing transparency and reform.
Others suggest that Berry’s political pragmatism may be influencing his decisions. As a member of the Dáil (the Irish parliament), his position on sensitive military matters may be influenced by a desire to maintain relationships within the Defence Forces or to avoid further controversy on an issue that could alienate potential allies or voters who are connected to the military.
In summary, while Cathal Berry has historically supported whistleblowers in principle, his perceived lack of strong support for the Irish Air Corps whistleblowers has led to accusations that he has not followed through on those commitments, possibly due to political or professional considerations.
There were also hazardous chemicals stored in open containers at the Haulbowline Naval Base in Cork late last year
Haulbowline Larry Cummins
A health and safety inspection at Naval Service headquarters resulted in the shutting down of a cadet canteen area after emergency exits were found blocked as well as damp and mould.
An inspector from the Health and Safety Authority visited the Haulbowline Naval Base in Cork late last year discovering fire doors that weren’t being properly maintained, open attic space between buildings, and storage of hazardous chemicals in open containers.
There were serious issues with a cadet mess building on the base with lower emergency exits “blocked by stairs” along with evidence of damp and mould on walls and floors.
The health and safety inspector asked the Naval Service to conduct an immediate review of the building in terms of its “fitness for use or occupation”. In early January, the Defence Forces wrote to the Health and Safety Authority (HSA) to say it was no longer in active use.
A letter from Defence Forces Headquarters said:
“I can confirm and as per [our] action plan the Naval Service Cadets Mess is not used to accommodate any personnel following HSA inspection. Cadets [and] personnel were moved to alternative accommodation within the base.”
Read full article by Ken Foxe at the Irish Examiner
Despite repeated interventions by the Health & Safety Authority the Defence Forces cannot seem to get their houses in order.
The previous Chief of Staff, Vice Admiral Mark Mellett was at the helm of the Defence Forces when the HSA threatened legal action against the Irish Air Corps.
Subsequently, Vice Admiral Mellett heaped praise upon then Brigadier General Seán Clancy as GOC Air Corps claiming that “Sean Clancy did a great job cleaning up the Air Corps” albeit after serving 30+ years in the same Air Corps he supposedly cleaned up.
Two service branches now under the command of Chief of Staff, Lieutenant General Sean Clancy, namely the Air Corps and the Naval Service, have yet again come under the spotlight for poor Health & Safety including hazardous chemical breaches.
The Defence Forces have so far been as high as the Supreme Court in attempts to defend against legal cases relating to poor health & safety and unprotected hazardous chemical exposure yet the HSA continue to find them in contravention of legislation designed to protected their personnel.
There is no accountability in this organisation when it comes to incompetence & negligence on Health & Safety issues because it simply does not have a culture of Health & Safety, a fact which successive Defence Ministers have been more than happy to ignore.
The personnel claim toxic fumes emitted from the aircraft caused their illness, and they are accusing the MOD of being negligent about the risk to their health.
The Sea King is one of the helicopter types whose exhaust fumes allegedly caused cancer among a number of former aircrew
The Ministry of Defence is being sued by crew members who have been diagnosed with cancer after serving on military helicopters.
The personnel claim toxic fumes emitted from the aircraft caused their illness, and they are accusing the MOD of being negligent about the risk to their health.
According to a report by The Times, crew members who served on board helicopters such as the Sea King, Wessex, Puma and Chinook are among those who are taking legal action.
It includes those who’ve served in the Royal Navy, Army and Royal Air Force from a variety of ranks.
They are saying they were exposed to concentrated levels of toxic exhaust fumes during their flights.
At least three of the former personnel affected have already passed away, while others have been diagnosed with terminal cancer.
Five former service personnel have received out-of-court settlements, including a former flight sergeant who trained Prince William in the RAF.
It is being claimed the Government knew about the risk posed by the Sea King’s exhaust as far back as 1999, but aircrew continued to fly on board without safety precautions.
A Ministry of Defence spokesperson said: “We hugely value our service personnel and veterans and owe a debt of gratitude to all those who serve, often with great personal sacrifice.
“We continually review our policies to ensure they are aligned with good practice and protect our people from harm.
Service personnel and veterans who believe they have suffered ill health due to service from 6 April 2005 have the existing and long-standing right to apply for no-fault compensation under the Armed Forces Compensation Scheme.”
Damaged drains, cables across hangar floors, a leaking oven, oil spills and a risk of Legionnaires’ disease… these are just a few of the workplace hazards inspectors found at Casement Aerodrome
Health and safety inspections on the Irish Air Corps discovered spills of hazardous brake fluid, a water supply that carried the risk of Legionnaires disease, fall risks, damaged drains and trailing cables across hangar floors.
The Defence Forces were also issued with a contravention notice by the Health & Safety Authority (HSA) over the use of some chemicals without proper training of personnel.
A separate report from December said that several safety data sheets were outdated and recommended additional training on the handling of specific restricted chemicals.
Read full article by Ken Foxe at the Irish Mail on Sunday via Pressreader…
The Dáil has heard that several long-serving members of the Air Corps have been penalised for having made protective disclosures which flagged concerns over health and safety.
An Irish Air Corps workshop in Engineering Wing in 2007
Richard Boyd Barrett, People Before Profit – Solidarity TD, said that the disclosures related to using “dangerous chemicals”, the inability of all members of a team to have children and the lack of oversight of officers who were never held to account.
As a result of “the failure of the top brass”, the Mr Boyd Barrett said, one of the whistle-blower’s “felt that he had to retire”.
The man was unable to bring a case before the Workplace Relations Commission as he was advised, “you’re not an employee, you’re a worker”.
He has now agreed to have his story recounted to the Dáil, Mr Boyd Barrett told the deputies present.
“Sergeant Patrick Gorman served for 35 years in the Air Corps” with “an exemplary conduct rating”, having served in Lebanon, Somalia, Liberia and Chad, sometimes on multiple tours of duty, said Mr Boyd Barrett.
“He blew the whistle about his treatment and the treatment of other members of the Defence Forces… who made protected disclosures and who were penalised as a result.”
Children exposed to ‘contaminated clothing’
“They were wearing gloves, for example, that disintegrated on contact with chemicals that they were been asked to use” on aircraft repairs, he said of Sgt Gorman’s experiences.
“He was working with them for 18 years without a respirator, and it was only in the last two years that they got the respirator.
“In a group of seven people working in the sheet metal structural repair shop, seven of the people couldn’t have children, which seems quite incredible.”
Mr Boyd Barrett revealed that some of the carcinogenic chemicals involved were referenced in the eponymous film about the famous US whistleblower, Erin Brockovich, who successfully sued a utility firm for hundreds of millions of dollars for contaminating drinking water.
“Paint strippers that were banned elsewhere, still being used in the Irish Defence Forces,” he said.
Soldiers were not warned about contaminated clothing which they wore “home to their kids”, and which led to “it being mixed in with the washing of children and the rest of the family, potentially contaminating them with dangerous chemicals”.
Sgt Gorman did the right thing in 2015/2016 by making Protected Disclosures to the Minister for Defence and the Health & Safety Authority which resulted in the HSA threatening legal action against Air Corps if they failed to implement urgent chemical health & safety reforms.
The Department’s own “O’Toole Report” and the almost three year HSA interventions fully vindicated Sgt Gorman. However, the response of the Irish Air Corps, the Department of Defence & successive Ministers (Coveney, Kehoe & Varadkar) was to ensure that Sgt Gorman was constructively dismissed.
The Air Corps Toxic Chemical Exposure Scandal broke in the Irish Examiner thanks to Joe Leogue in January 2017. Despite being raised in excess of twenty times in the Dáil, Seanad, Public Accounts Committee and even Varadkar’s confidence motion, this is the first time that RTE have reported on the scandal #106 dead.
