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.

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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.

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DELAY – DENY – DIE

Probe into Air Corps allegations urged

The Air Corps’ failure to protect workers from exposure to cancer-causing chemicals may have affected thousands of people, causing 100 deaths as well as birth defects and miscarriages, the Dáil heard yesterday.

The claim, previously made in a protected disclosure to the Department of Defence, was aired as opposition politicians increased the pressure on the Government to commission an investigation into working conditions at Casement Aerodrome, Baldonnell.

Fianna Fáil and Sinn Féin criticised the Government’s efforts to have whistle-blowers’ claims of health and safety mismanagement adequately investigated after the details of an independent report were reported by the Irish Examiner.

Christopher O’Toole, an independent third-party appointed to review the claims, reported that the kind of probe envisaged by the terms of reference he was given by the Department of Defence was “impractical”, given his own lack of expertise in chemical science and medicine.

However, Mr O’Toole did report that appropriate records that demonstrate the Air Corps complied with health and safety standards “are not readily available”.

Putting questions to junior Defence Minister Paul Kehoe in the Dáil yesterday, Sinn Féin Defence spokesman Aengus O’Snodaigh outlined the litany of allegations against the Air Corps, noting claims of “clusters of highly complicated medical conditions, miscarriages, and birth defects among those who worked in those conditions”.

Read full article on Irish Examiner website below…

http://www.irishexaminer.com/ireland/probe-into-air-corps-allegations-urged-461162.html

Delay – Deny – Die

Report of Independent Reviewer – Protected Disclosures – Air Corps

Terms of Reference

The review shall encompass a review of all relevant documents held by the Department and the Defence Forces, any additional material as may be supplied or received by the Reviewer, and interviews of such persons as considered appropriate by the Reviewer.

The Reviewer will:

Review the allegations as detailed in the written correspondence to the Minister and determine if –
- In the period covered by the disclosure, did the Air Corps comply with relevant Health and Safety standards with regard to the safe use of toxic chemicals and if not what action has been taken in the intervening period to ensure compliance.
In relation the disclosure, provide considered views and observations in relation to the allegations set out.
Provide such other considered views and observations as are considered necessary.

The Reviewer shall be provided with access to all available documentation relevant to the events and any other documentation requested by the Reviewer.

The Reviewer shall be provided with the names of all relevant persons, including serving or retired members of the Defence Forces, or other persons the Reviewer considers appropriate. The Reviewer shall endeavour to interview or take statements from all relevant persons.

The Department of Defence and the Defence Forces shall each appoint a liaison officer to provide the necessary information required in order to conduct the review and to assist the Reviewer in identifying the relevant persons to be interviewed.

The review shall be submitted to the Minister with Responsibility for Defence by the Reviewer.

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Please click on the link below to open the report on the Department of Defence website.

O’Toole . Report into Air Corps Protected Disclosures

Individual chemical constituents of Aviation Gasoline (AVGAS) & Jet Fuel (AVTUR)

We have just added links to Safety Data Sheets which show the constituent chemicals for AVGAS (100LL) as well as AVTUR (Jet A-1) on our Chemical Product Names & Safety Data Sheets page.

AVGAS - 100LL

Chemical Name	CAS-No	Classification
Gasoline	86290-81-5	Muta. 1B Carc. 1B Asp. Tox. 1
Tetraethyl lead	78-00-2	Acute Tox. 1 Repr. 1A STOT RE 2
Toluene	108-88-3	Skin Irrit. 2 Repr. 2 STOT Single Exp. 3 STOT Rep. Exp. 2 Asp. Tox. 1
Xylene, mixed isomers	1330-20-7	Acute Tox. 4 - Dermal Acute Tox. 4 - Inhalation Skin Irrit. 2
Ethylbenzene	100-41-4	Acute Tox. 4 - Inhalation STOT Rep. Exp. 2 Asp. Tox. 1
Cyclohexane	110-82-7	Skin Irrit. 2 STOT Single Exp. 3 Asp. Tox. 1
n-Hexane	110-54-3	Skin Irrit. 2 Repr. 2 STOT Single Exp. 3 STOT Rep. Exp. 2 Asp. Tox. 1
Trimethylbenzene, all isomers	Trimethylbenzene, all isomers	Skin Irrit. 2 Eye Irrit. 2B STOT Single Exp. 3 STOT Rep. Exp. 1 Asp. Tox. 1
Naphthalene	91-20-3	Acute Tox. 4 - Oral Carc. 2
Cumene (Isopropylbenzene)	98-82-8	STOT Single Exp. 3 Asp. Tox. 1

AVTUR - Jet A1

Chemical Name	CAS-No	Classification
Kerosine (petroleum)	8008-20-6	Asp. Tox.1 Skin Irrit.2 STOT RE3
Kerosine (petroleum), hydrodesulfurized	64742-81-0	Asp. Tox.1 Skin Irrit.2 STOT RE3
Kerosene (Fischer Tropsch), Full range, C8-C16 branched and linear	848301-66-6	Asp. Tox.1
Ethylbenzene	100-41-4	Acute Tox. 4 - Inhalation STOT Rep. Exp. 2 Asp. Tox. 1
Xylene, mixed isomers	1330-20-7	Acute Tox. 4 - Dermal Acute Tox. 4 - Inhalation Skin Irrit. 2
Cumene (Isopropylbenzene)	98-82-8	STOT Single Exp. 3 Asp. Tox. 1

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On the 26th of January 2016 the current head of Health & Safety in the Irish Army Air Corps stated in an email to the Medical Corps that “The Formation Safety & Unit Safety Personnel have reviewed refuelling work practices and believe that the risk of exposure is low.”

Call for Commission of Investigation into Air Corps claims

The Government is facing calls to establish a Commission of Investigation into whistleblower claims against the Air Corps, after the terms of an independent report into the allegations were branded ‘farcical’ by Fianna Fáil leader Micheál Martin.

The Air Corps stands accused of failing to protect its technicians from the effects of cancer-causing chemicals, with whistleblowers claiming that decades of neglect has had a devastating effect on the health of members of the Defence Forces.

Yesterday, the Irish Examiner revealed that Christopher O’Toole, the author of an independent review of the allegations, said the terms of reference he was given for this probe were “impractical”, and that elements of the allegations made were issues outside his expertise.

Mr O’Toole also found that records demonstrating the Air Corps’ compliance with health and safety regulations “are not readily available”.

Whistleblowers had previously alleged that inspection records dating back to the 1990s were deliberately destroyed because they had raised concerns, but both the Government and the Defence Forces deny the claim, and say the reports in question were mislaid over time.

Mr Martin said he believes a Commission of Investigation is necessary: “The situation is far from satisfactory because with his opening comments the report’s author is essentially saying he cannot fulfill the terms of reference. From the Government’s point of view they established this review, they must have known the terms of reference could not be fulfilled. 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.

Read full article on Irish Examiner website below…

http://www.irishexaminer.com/ireland/call-for-commission-of-investigation-into-air-corps-claims-460477.html

Delay – Deny – Die

Air Corps report highlights need for full inquiry into dangerous chemicals exposure – Aengus Ó Snodaigh TD

Sinn Féin Defence Spokesperson Aengus Ó Snodaigh TD has said the government must now initiate a comprehensive investigation into health and safety procedures at Casement Aerodrome and that its terms of reference must be broad enough to ensure it is able to examine the serious allegations made by serving and retired members’ of the Defence Forces.

“It is now time for the Government to act in the best interests of the Defence Forces and carry out a full review of health and safety protocols at Casement Aerodrome over the last three decades, which must be thorough, transparent and with terms of reference that allow for an in-depth examination of how chemicals and other toxic materials were managed.”

“It must also include the inclusion of oral testimonies from past and present personnel who served there and an independent assessment of their health and general well-being to ascertain if they have suffered as a result of their service at the base.

Please read the press release in full on the Sinn Féin website.

http://www.sinnfein.ie/contents/46483

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It should be pointed out that the state already has in its possession the “Chemical Exposure Report 1994-2005” which includes a review of chemical management as well as oral testimonies from serving personnel. This report actually predates the whistle-blower allegations and was created in 2014.

Unfortunately the report was carried out for the State Claims Agency with a view to fighting affected personnel in the High Court, rather than help ill serving & former personnel.

Even though “Chemical Exposure Report 1994-2005” has the potential to save lives, Minister Paul Kehoe refused to waive privilege or release the review when asked by Aengus Ó Snodaigh in a recent Parliamentary Question.

Please read the parliamentary question here.

http://www.accas.info/?m=201709

DELAY – DENY – DIE

Casement Aerodrome inquiry: Key review is a botched job

It happens in the best of homes; stuff — invoices, receipts, notes, cards and letters put by because one day they might be needed — gets lost, inadvertently destroyed or just misplaced. It’s part of the rich and familiar tapestry of domestic life. It should not happen in public organisations and authorities that spend large sums of taxpayers’ money on filing and recording systems and on the people who are supposed to run them.

But that appears to be only one of the serious issues highlighted today in our report on the independent review of claims by former Air Corps staff who say their exposure to toxic chemicals from the late 1980s to the early 2000s caused chronic illnesses. Another seems to be that the review — established by the Defence department — was itself not fit for purpose.

The review — by a retired civil servant — was charged with examining the allegations made by Air Corps workers whose claim was that the State failed to give them adequate training and protection … a fairly straightforward mission, then. No, not at all; it has been a waste of time, and for that no fault at all attaches to the retired civil servant, Christopher O’Toole. His only error, perhaps, was to accept the toxic commission at the outset.

Those are, sadly, very general terms because, as he goes on to explain, “a problem has arisen in relation to the issues raised by the informants because appropriate records to demonstrate compliance are not readily available … In the absence of such records, proof of compliance is problematic and establishing the actual situation at the time in question would be a complex task requiring the gathering of evidence and probably taking oral testimony; in effect a forensic exercise which it is not possible for me to carry out.”

The review tells those most affected — and that could be a great many Air Corps employees — and the wider public nothing about the facts at the heart of this case, leaving us still with questions about the “appropriate records” that are not available. What is necessary now is a second review, led by an independent chemicals expert — perhaps from Scotland or Wales — who can establish once and for all what happened, or didn’t happen, at Casement Aerodrome.

Read full article on Irish Examiner website below…

http://www.irishexaminer.com/viewpoints/ourview/casement-aerodrome-inquiry-key-review-is-a-botched-job-460375.html

Delay – Deny – Die

Dáil Éireann Written Answers 04/10/17 – Department of Defence – New Recruit Chemical Training

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 234

To ask the Taoiseach and Minister for Defence if chemical health and safety training is provided to new recruits and cadets as part of their basic training; and if not, if it will be made mandatory as soon as possible. [42131/17]

Paul Kehoe (Wexford, Fine Gael)

I am advised by the relevant military authorities that basic Health and Safety training is provided to all new entrants to the Defence Forces. Where a requirement for more specific Health and Safety training is identified for an individual or group of individuals for their post, this training is provided by qualified Defence Force safety personnel. For example individuals working with chemicals will receive Chemical Awareness training as required.

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DELAY – DENY – DIE

Dail Éireann Written Answers 04/10/17 – Department of Defence – Air Corps Chemical Risk Assessments

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 233

To ask the Taoiseach and Minister for Defence the number of chemical risk assessments on record with the Air Corps group formation health and safety office. [42130/17]

Paul Kehoe (Wexford, Fine Gael)

As this matter pertains to litigation which is ongoing, it would be inappropriate for me to comment at this time.

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