Dáil Éireann Written Answers 12/07/18 – Department of Defence – Departmental Legal Costs

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 66

To ask the Taoiseach and Minister for Defence the estimated costs of defending litigation on Lariam and Air Corps toxic chemical exposure in each year over the past ten years, excluding settlements; and if he will make a statement on the matter. [32063/18]

Paul Kehoe (Wexford, Fine Gael)

The State Claims Agency manages and provides legal representation in relation to personal injury claims taken against the Minister including claims in respect of current or former members of the Defence Forces in relation to alleged personal injuries that are referred to in the Deputy’s question.

The Department reimburses the State Claims Agency in respect of any external legal costs. This Department does not hold details of the breakdown of the legal costs incurred in respect of the different categories of personal injuries claims managed by the State Claims Agency on behalf of my Department.

*****

  • The state claims agency were aware from 2013/2014 that the Irish Air Corps toxic chemical exposure problem was still a LIVE issue and not just a LEGACY issue. They had an opportunity at this time to inform the HSA and to start to have the ongoing exposure problems rectified but they chose not to do so.
  • The state claims agency are therefore directly responsible for personnel enduring a further 2 years (approx) of unprotected exposure.
  • The State Claims Agency are in charge of their own cover up and have unlimited taxpayer funds to carry out this task.

DELAY – DENY – DIE

Department of Defence coy on probe of bullying claims

An air corps whistleblower has been told that it is “difficult to envisage” how the Department of Defence would investigate complaints of bullying made in a protected disclosure about chemical exposure within the force.

The protected disclosure, seen by the Irish Examiner, contains allegations that the whistle-blower was doused in chemicals used to service aircraft as an initiation, and was frequently exposed to chemicals without protective equipment as he carried out his duties in the Engine Shop at Casement Aerodrome, Baldonnel.

He alleges that he became ill while still serving in the air corps, but was targeted by superiors for his frequent absences due to sickness.

His complaints match those of a number of other whistleblowers, and the State is currently facing at least seven separate legal actions from former air corps staff who claim they are chronically ill due to their exposure to chemicals at Casement Aerodrome.

A Government-commissioned report by former civil servant Christopher O’Toole into earlier whistleblower disclosures found there was no documentation available to demonstrate that the air corps met its health and safety obligations.

The latest whistleblower called on the Government to launch a fresh review into the complaints about conditions in Casement Aerodrome, and asked that his allegations of bullying be considered as part of this probe.

“My allegations need to be investigated in full as part of a wider investigation into the air corps chemical exposure scandal and the subsequent bullying and mistreatment of personnel injured by the same chemical exposure,” states the whistle blower.

Read full article on Irish Examiner website below…

No response to latest Air Corps whistleblower claim

The Government has not responded to a new protected disclosure on chemical exposures within the Air Corps.

The disclosure was made by a whistleblower, who says he is chronically ill, due to his experiences at Casement Aerodrome, the Irish Examiner can reveal.

The protected disclosure, seen by this newspaper, was submitted to the Department of Defence last December, but the whistleblower has not been contacted since, bar an acknowledgement that his disclosure was received.

In the December 2017 disclosure, the former member of staff echoes previous submissions to the Government. He says he was doused in chemicals by other recruits colleagues, as an initiation, and was frequently exposed to various chemicals as part of his duties in the engine shop at Casement Aerodrome, Baldonnel.

He alleges that he became ill while still serving in the Air Corps, but was bullied and mistreated by superiors for his frequent absences, due to illnesses he believes were caused by his working environment.

Read full article on Irish Examiner website below…

Sinn Féin TD: Meet Air Corp health claims with “CANDOUR”

Seriously ill former members of the Air Corps are facing potentially “catastrophic” consequences for their health as a result of the State’s efforts to fight them ‘tooth and nail’ over the release of information that could aid their treatment, the Dáil heard yesterday.

Sinn Féin defence spokesperson Aengus Ó Snodaigh yesterday said the CervicalCheck scandal has demonstrated a need for the State to disclose the medically sensitive information it has to affected members of the public — including the former Air Corps staff.

Mr Ó Snodaigh asked Taoiseach Leo Varadkar if the Government would release a report on working conditions in the Air Corps headquarters in Casement Aerodrome that it has withheld.

Mr Ó Snodaigh also highlighted one case in which the State Claims Agency is “fighting tooth and nail” against a High Court discovery order demanding the release of a list of chemicals used in the Air Corps hangars. “This is potentially catastrophic for some of those making claims and also for some who are not making claims,” said Mr Ó Snodaigh.

Read full article on Irish Examiner website below…

Dáil Éireann Written Answers 10/05/18 – State Claims Agency – Irish Air Corps

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 7

Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence if the Chemical Exposure Report 1994-2005 will be released in order to provide former members of the Air Corps who are now chronically ill with information relating to the level of exposure they suffered in view of his recent call for candour and transparency in cases regarding the health of persons; and if he will make a statement on the

This relates to a matter that has been ongoing for a while. Given the current controversy around the checks for cervical cancer, there is a need for transparency in publishing reports that will help people suffering health consequences so they can manage future health needs.

Paul Kehoe (Wexford, Fine Gael)

The Deputy will be aware that the State Claims Agency is currently managing seven claims taken against the Minister for Defence for personal injuries alleging exposure to chemical and toxic substance while working in the Air Corps in the period 1991 to 2006. The management of such claims lodged against the Minister for Defence is delegated to the State Claims Agency. As I outlined to the Deputy in my replies to his parliamentary questions on 26 September 2017 and 12 December 2017, the report referenced was undertaken in the context of legal proceedings. As the report was requested by and provided to the State Claims Agency in the context of a claim, it is legally and professionally privileged. Therefore, it would not be appropriate to release it.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

The Minister of State has previously stated, and he has done so now again, that it is not appropriate to publish the report. This is even when an independent reviewer was looking at the whistleblower’s claims. The Minister of State did not even supply him with the report in question, the Chemical Exposure Report 1994-2005. This is potentially catastrophic for some of those making claims and also for some who are not making claims. Not everybody exposed to chemicals in that period is making a claim against the State but they are seeking information on what they were exposed to and what damage it could do to their health.

The State Claims Agency, which is involved with the current scandal in the media, has fought these men tooth and nail. It has fought to the level of the High Court the production of a list of chemicals used in Baldonnel in that period. That list alone could save lives. Given the current debacle with cervical smear tests, I ask the Minister of State to think again about the withholding of information that can affect people’s lives and future health. This is wrong and it should be stopped.

Paul Kehoe (Wexford, Fine Gael)

The Deputy is trying to link two very distinct matters. The allegations referred to by the Deputy are historic and this is further complicated as causation has not been established as of yet. I have been very proactive in this matter. When the protected disclosures were submitted to the Department of Defence – there were two in 2015 and one in 2016 – I was briefed on the matter in June 2016. I set up an independent inquiry and met some of the people who made the disclosures. I received the report and I got the views of the people who made the protected disclosures. I sent the report for legal advice and I received that in the past number of days. Before making any further decision on the course of action, a number of legal issues must be finalised. I expect that following the report I will act as soon as possible.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

We visited the Baldonnel aerodrome recently and I can see the huge progress in comparison with photographs I have seen of workshops in the past. Why is the default position of the State always to close ranks and withhold information? The longer one withholds information, the worse some of the health complications could get. Whether they are related to exposure is up to medics, but they cannot find this out if the information is not there and they cannot do the required checks for the chemicals to which I have been told that people have been exposed. Major dangers and cancers can result from those and I appeal to the Minister of State to ask the State Claims Agency to look properly and more openly at this and not to fight it tooth and nail. There is an urgency involved given that we are talking about the lives of men and women being at risk.

Paul Kehoe (Wexford, Fine Gael)

The health and well-being of any member of the Defence Forces is a priority of mine and of military management. I am glad the Deputy recognises the progress in the Air Corps at Baldonnel. It is one of the reasons I instructed the General Officer Commanding, Sean Clancy, to host a visit for Members of the Oireachtas committee so they could see for themselves the progress out there.

I am also reassured current practices have been subject to Health and Safety Authority oversight. There has been considerable progress and subject to completion of an improved plan, it will close its investigation. I am considering the findings of the investigation report that I got and I will make a decision on this. I understand where the Deputy is coming from but I have a duty as well. The Deputy is trying to link two very distinct and different matters in cervical cancer and the issue we are discussing now.

*****

  • The Taoiseach, the Minister for Defence, the Irish Air Corps and the State Claims Agency are all in possession of lists of chemicals that personnel were exposed transdermally & via inhalation without protection (PPE) and via ingestion due to a lack of PPE, adequate washing facilities or chemical handling training.
  • In many cases personnel were exposed via inhalation without their knowledge because their working environment was contaminated.
  • Knowing the exposure information can help save lives as it can help doctors provide correct diagnosis and appropriate targeted healthcare.
  • The Taoiseach Leo Varadkar, Minister Paul Kehoe, the State Claims Agency and the Irish Air Corps would sooner let serving & former personnel die without correct treatment rather than tell them exactly what the were exposed to.

DELAY – DENY – DIE

Dáil Éireann Written Answers 05/12/17 – State Claims Agency

Seán Sherlock (Cork East, Labour)

QUESTION NO: 141

Deputy Sean Sherlock asked the Minister for Finance if personnel employed by the State Claims Agency branch of the National Treasury Management Agency are eligible for bonus payments; and if so, the way in which these bonuses are structured and attained. [51615/17]

Paschal Donohoe (Dublin Central, Fine Gael)

The National Treasury Management Agency (NTMA) has informed me that it operates a discretionary performance-related payments scheme for eligible employees, which includes staff assigned to the State Claims Agency.

The scheme rewards exceptional performance having regard to the employee’s own performance, the performance of the employee’s area of responsibility and the overall performance of the NTMA. Performance-related payments are made in accordance with parameters approved by the Agency’s non-executive Remuneration Committee.

The overall amount of performance related payments made in respect of any year is also subject to the approval of the Remuneration Committee.

*****

Did “improvements” to Air Corps Health & Safety Risk Management Profile influence  bonus payments to State Claims Agency staff

DELAY – DENY – DIE

TDs to visit Air Corps HQ to ensure safety changes made

TDs and senators are to visit the Air Corps headquarters, amid fears for the health and safety of staff at Casement Aerodrome.

The move follows revelations in the Irish Examiner about conditions for technicians working on aircraft at the base.

The Air Corps has now invited members of the Oireachtas Joint Committee on Foreign Affairs and Trade, and Defence, to see the changes it has implemented over the past year, following warnings from the State’s health watchdog.

Junior defence minister Paul Kehoe revealed details of the visit to the Committee.

“Under my instructions, the General Officer Commanding, GOC, Irish Air Corps, Brigadier General Seán Clancy, has invited the committee to visit the Air corps base and I ask that the chairman and the committee secretariat arrange that visit through my office,” he said.

The committee proposes to make the visit on March 27.

It is not clear whether the committee will meet with whistleblowers, or if it will discuss allegations, made through protected disclosures, with the Air Corps hierarchy.

 

Solvent exposure and Parkinson’s disease

Shaun Wood worked was a painter and finisher  at Royal Air Force (RAF) bases across the world. During the early 1990s he was involved in the very intensive work preparing Tornado aircraft for the first Gulf War, in particular gluing anti-missile patches to the aircraft. This work was often done in confined spaces over long working hours.  He generally wore a respirator but these were not really adequate for the circumstances.

German Tornado Undergoing Maintenance

Shaun has been diagnosed with Multiple System Atrophy (MSA), which is a debilitating Parkinsonian syndrome that affects the nervous system. He is just 53 years of age.

Throughout his work Shaun was exposed to various solvents, but primarily trichloroethylene and dichloromethane. There is not a great deal of information about exposure to these solvents in aircraft maintenance. I have seen results from a survey carried out at an RAF base in Scotland where dichloromethane levels were measured during paint striping in the cockpit area of a Nimrod aircraft. There was only 1.5 m2 of paint removed, but the peak air concentrations were about 700 mg/m3. Results from three monitoring surveys where the British Health and Safety Executive sampled for dichloromethane during paint stripping on aircraft are shown in the following figure. The mean levels measured in each of these surveys were: 330, 790 and 1,960 mg/m3, and the highest individual level measured was 3,590 mg/m3.

Read full article on OH-world.org A blog about exposure science and occupational hygiene

http://johncherrie.blogspot.ie/2011/12/solvent-exposure-and-parkinsons-disease.html

*****

Below is a photo of one of the locations in the Irish Air Corps that used Dichloromethane, namely the NDT Shop of Engine Repair Flight. Yes that is a stream of the chemicals dripping out of the extractor fan and running down the wall. And yes that is dichloromethane, cresylic acid and the hexavalent sodium chromate all over the floor. The small barrel that is being dissolved by its contents contains Hydrofluoric Acid.

Some extracts from the Ambient Air Monitoring For Health and Safety at Work report dated 2nd August 1995

  1. Dichloromethane levels were measured in the engine shop in Wednesday the 12th and Thursday the 13th of July 1995 at the behest of Captain John Maloney who is still serving in the Irish Air Corps
  2. The level of dichloromethane found in ambient air in the engine
    cleaning area exceeded health and safety limits. 
  3. Levels of Dichloromethane were measured at 175.9ppm (622.5 mg/m3)  while the TWA health & safety limit for this chemical in 1995 was 50ppm.
  4. Significant levels of all parameters monitored were found in nearly all ambient air samples taken in the engine cleaning area.
  5. The ventilation in all areas monitored was deemed to be insufficient. It is thus recommended that mechanical heating and ventilation systems be adapted designed and installed in all areas monitored.

To summarise, the Irish Army Air Corps knew that Dichloromethane levels in the NDT shop in 1995 exceeded health & safety limits by 3.5 times yet officer management

  1. LEFT personnel of all ranks and none to rot in this exceptionally toxic working environment for a further 12 years.
  2. IGNORED the recommendation to design and install design a proper ventilation system, (they stuck in 2 x Xpelairs).
  3. NEVER re-tested the environment to see if the Xpelair fans worked, we suspect they made things worse by increasing evaporation rate.
  4. NEVER informed personnel of enlisted ranks that their workplace was contaminated to dangerous levels.

DELAY – DENY – DIE

‘Cancer cluster’ fury: The ‘red zone’ residents ‘being left to rot and die’

ALONG one stretch of road, 50 people have been diagnosed with cancer. The people of this Australian town had enough of being told there’s nothing wrong.

THE people of Williamtown know that 50 residents living on one stretch of rural road have been diagnosed with cancer.

They want the Government to admit it. And to fix the problem now.

The fury of those living in the “red zone” of toxic contamination near the RAAF base in the NSW township of Williamtown, near Newcastle, is palpable.

After years of drinking the water, washing in it, cooking in it, they were finally told in 2015 it was contaminated. They are out of patience, and want answers.

And their anger has only been further inflamed by a NSW Health report saying there’s no evidence of a cancer cluster caused by contamination which the Department of Defence allegedly hid from them for three years.

The report dismissing their concerns has left them devastated.

Read more on news.com.au

*****

This article may be of relevance to Air Corps fire fighting personnel who used AFFF in the past. The Air Corps as usual will not admit whether they used poly-fluoroalkyl substances. In well regulated workplace environments exposure should be minimal but in the Air Corps there was no regulation nor health & safety training for the handling of fire fighting foam.

However as with the Air Corps toxic chemical scandal the Australian DoD is trying to downplay the effects of dangerous chemicals just like Dr. Leo Varadkar did in the Dáil on the 7th of February.

Read information sheet on firefighting foam from the Australian Department of Defence

DELAY – DENY – DIE

Dáil Éireann Written Answers 13/02/17 – Department of Defence – Irish Air Corps Chemical Safety Compliance

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 102

To ask the Taoiseach and Minister for Defence if all the recommendations of the 2016 health and safety inspection report at Baldonnel have been implemented; the timeframe for the completion of outstanding recommendations; if a further inspection is scheduled by the Health and Safety Authority to examine compliance; and if he will make a statement on the matter. [6933/18]

Paul Kehoe (Wexford, Fine Gael)

On 21 October 2016, the HSA issued its Report of Inspection to the Air Corps. This Report listed a number of matters requiring attention which included the areas of risk assessment.

The Air Corps as a consequence of this HSA report have implemented an improvement plan, which was conducted over eight phases and completed in December 2017.

I have been informed by military authorities that the HSA has formally noted the high level of cooperation from the Air Corps. Any further inspection is a matter for the HSA alone.

It must be noted that in the Air Corps health and safety is a matter of ongoing monitoring, supervision and adjustment.

*****

The HSA noted high levels of cooperation from the Irish Army Air Corps after threatening legal action against them for non compliance with safety legislation.

Scores dead but at least they cooperated in the end. 

DELAY – DENY – DIE