Tag: Supreme Court

Protestors encourage voters not to give Paul Kehoe any preference votes

Minister with Responsibility for Defence Paul Kehoe is being targeted by former members of the Defence Forces who are trying to encourage voters in the forthcoming General Election not to vote for him.

The former Fine Gael chief whip has been a Fine Gael TD for County Wexford since he was first elected to the Dáil in May 2002 and a Minister of State for Defence since 2016.

In the last election, he secured a seat in the Dáil by beating his nearest rival Sinn Féin’s Johnny Mythen by just 52 votes.

Protestors are targeting his constituency offices and those of his party colleagues Michael D’Arcy.

They want to encourage people not to give Deputy Kehoe any preference votes, which helped get him elected the last time round.

The protesters are former members of the Air Corps who belong to the Air Corps Chemical Abuse Survivors (ACCAS) who claim they suffer illnesses due to their exposure to toxic chemicals while working for the Air Corps.

According to the group, Minister Kehoe has done little or nothing to help them get the medical support and health screening services they want.

Read full article on Irish Examiner website below…

*****

Please view the honourable & fair demands of
Air Corps Chemical Abuse Survivors  here.

Delay – Deny – Die

Kehoe won’t say when Air Corps respirator training began

The junior defence minister has refused to say when Air Corps technicians were first trained to use respirators for working with toxic chemicals.

Technicians’ exposure to harmful substances in the line of duty is “a cause of significant concern”, according to Social Democrats TD Catherine Murphy, who submitted queries on the use of respirators, and protected disclosures, to minister of state Paul Kehoe.

Ms Murphy had asked Mr Kehoe the date on which it became policy and standard practice to train or up-skill new and existing members of the Defence Forces, as part of basic training, in the use of respiratory protective equipment.

Mr Kehoe said he was advised that the question appeared “to involve matters which are raised in the proceedings currently before the courts”.

“The deputy will appreciate that, as the questions appear to encroach into on-going litigation, it would be inappropriate for me to comment further,” Mr Kehoe said.

Ms Murphy said she was disappointed with Mr Kehoe’s response, and that a lack of transparency only causes mistrust.

“I don’t know why he isn’t more forthcoming with the information. It will be revealed in the court cases anyway,” she told the Irish Examiner.

“I am trying to get information to build a picture here, because what I can see, so far, is a cause of significant concern, to put it mildly.”

Read full article on Irish Examiner website below…

*****

Delay – Deny – Die

Court rules against State ahead of ex-Air Corps mechanic’s case alleging exposure to dangerous chemicals

The State must disclose a range of documents to a former aircraft mechanic in the Air Corps who is suing it over his alleged exposure on dates during the 1990s to dangerous chemicals, the Supreme Court has ruled.

He is among several former mechanics suing over alleged exposure to dangerous chemicals and solvents during their employment.

Today, a five-judge Supreme Court gave a unanimous judgment overturning a Court of Appeal (COA) decision that Mr Tobin’s discovery application was premature.

The State denies he suffered the alleged injuries, requires him to fully prove his claims about exposure to dangerous chemicals and solvents and has also pleaded contributory negligence on his part.

In this case, no concessions of fact were made by the State defendants with the effect Mr Tobin must establish all matters relevant to his claim, he said. Had a “more nuanced” approach being taken by the defence, the discovery sought would have been reduced.

Context

In October 2016 the High Court granted Mr Tobin an order for discovery of the chemicals he used while working at Casement Aerodrome from 1989 to 1999. He had argued that he would need a full list of the chemicals he was asked to use during his time in the Air Corps in order to make his case against the State.

Mr Justice Paul McDermott granted the discovery order in the High Court and said that “the quantities and dates of purchase and use of chemicals and mixtures and the safety data concerning their handling, application and use form a highly relevant and important part of the case”.

He further ruled that Mr Tobin “will suffer serious disadvantage in the preparation and presentation of his case if the relevant records sought under these categories are not made the subject of a discovery order”.

Today’s Supreme Court judgement was referenced in advance at a recent meeting of the Public Accounts Committee.On July 4 last, Social Democrats TD Catherine Murphy raised the Air Corps cases with SCA director, Ciarán Breen who said the Supreme Court ruling in the Tobin case would have implications for others to follow.

“One is in the court of appeal, and I think has been given a date for the year after next because there’s a glut of appeals in the Court of Appeal, and others are awaiting an important decision by the Supreme Court on a discovery issue,” Mr Breen had said of the status of the eight cases.

Read full article on Irish Examiner website below…

*****

Delay – Deny – Die