Dáil Éireann – 4th July 2019 – Public Accounts Committee – Irish Air Corps Toxic Chemical Exposure (Transcript)

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

With regard to the list of actions where there are groups of people affected in the same way – mass action as opposed to class actions – how many would be grouped if it was to be described as a mass action? How many claims would there be if they were to be put into a category like that?

Mr. Ciarán Breen – State Claims Agency

It will depend. In other words, what normally happens is that we will either get one claim or maybe a dozen will come in together.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

If there was a dozen—–

Mr. Ciarán Breen – State Claims Agency

We would say that is a mass action.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

What about the list the agency has given us

Mr. Ciarán Breen – State Claims Agency

That is a good indication of the numbers pleading similar things.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Are there many more like that?

Mr. Ciarán Breen – State Claims Agency

We have set out in the report exactly what they are.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Are the ones in the report the only ones Mr. Breen would describe in that way?

Mr. Ciarán Breen – State Claims Agency

Some new ones have come along in the meantime.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

What would the new ones be?

Mr. Ciarán Breen – State Claims Agency

For example, there are 26 cases in regard to transvaginal implants. There is sodium valproate, which is a potential mass action. Where there is another abuser, there may be a set of claims which attach to him. We have Gardasil, which is the HPV vaccine, and we have Aulin, which is another medicinal product.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

In regard to the Air Corps, the agency has 21 active claims. Mr. Breen has not mentioned that.

Mr. Ciarán Breen – State Claims Agency

I am sorry, I did not mean to leave them out. The Deputy is right that we have a number of cases from the Air Corps in regard to alleged exposure to chemicals.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

The State Claims Agency would have had an involvement in risk management. I received a reply to a parliamentary question from the Minister the State, which stated:

I am advised by the State Claims Agency that it has a statutory remit under the National Treasury Management Agency (Amendment) Act 2000 to provide risk management advices to Delegated State Authorities. … [The] State Claims Agency conducted a number of Health & Safety Management System Defence Forces audits within the Air Corps between the years 2006 – 2015. The Reports are authored by the State Claims Agency and are confidential between the Agency and their Client [which is the Department of Defence].

What would the agency have looked at when it went out to do those assessments? Would it have looked at the paperwork, and would it have gone down to the level of looking at what equipment people are wearing to protect them or the environment they are working in?

Mr. Ciarán Breen – State Claims Agency

The Defence Forces has put a safety management system in place, and this applies to all branches of the Defence Forces. We have worked very closely with them in that regard. On risk, our people on the ground, when they carry out audits, go onsite and they meet with the person who would have responsibility for safety and health in the particular barracks, battalion or otherwise. They carry out audits of things like, for example, what is being done about lifting and the safety standards in respect of that.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Would it have looked at chemicals, for example, where chemicals are sited or how they are handled? Would it have looked at the kind of things that would expose people to risk?

Mr. Ciarán Breen – State Claims Agency

I want to explain the position in regard to the Air Corps because I believe it might be helpful in answering specifically what happened. We started our audits there in 2006. The particular exposure we are looking at in respect of the chemicals in the Air Corps is from 1972 to 2007. In 2007, the particular workshop which is associated with the alleged exposure was changed to a state-of-the-art facility. At no time—–

INTERRUPTION by PAC Chair Seán Fleming

Mr. Ciarán Breen – State Claims Agency

At no time during those audits and reviews was anything specifically brought to our attention about the historical exposure, if there was one, that might have been there and how that was handled. We were very assured by the fact it was now a state-of-the-art facility.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

The agency would not have looked at—–

Mr. Ciarán Breen – State Claims Agency

The exposure long predated even our establishment.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

I have been given a document, which I might have mentioned before, on the extraordinary age profile of people who have died in the Air Corps. The Air Corps is not a big employer and there have been 72 deaths at pre-retirement age, some of them very young. Of the 72, 14 or 15 are by suicide but others are in particular categories, such as cancers and cardiac issues. It seems a very dangerous place to work – I am sorry, I do not really mean that, but it seems to be a place where an abnormal number of people die prematurely. That would have jumped out to me as something that would make me question the risk. As Mr. Breen said, it goes back to a time prior to when the agency was doing its assessment. I understand there were no registers of this particular chemical available.

Mr. Ciarán Breen – State Claims Agency

I am not sure. Is Mr. Kirwan is in a position to comment on that?

Mr. Pat Kirwan – State Claims Agency

Not specifically. The chemicals that are discussed in the statement of claim are a wide range of chemicals, basically organic lubricants and degreasers. I do not have that information or the Deputy would need to be more specific about the particular chemical she is talking about.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

I have the names of the—–

Mr. Pat Kirwan – State Claims Agency

I know that when we audited there, we were satisfied that, for the chemicals that were in the workshops – I am talking in a general sense – there where material safety data sheets available for any chemical that we sampled. That would suggest they were registered in some way.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

I am trying to find out how to mitigate risk and I am using this as an example. What I am hearing is that there still is not, or there was not in recent years, use of protective clothing and availability of a particular type of protective clothing when handling these materials. Would the State Claims Agency have looked at that, given it would have known the profile? Is the agency satisfied the risk assessment is mitigating this risk?

Mr. Pat Kirwan – State Claims Agency

I head up the enterprise risk unit that would have carried out the audits.

When we go out, we look at the systems that are in place. We are back to that word, “systems”, again. We sample as we go out. They are snapshots. One is only there for a particular day. We talked to the staff and the members of the Defence Forces who were available in the workshop. They are highly-trained, technical people. We came across no evidence of procedures or practices being carried out to anything other than the appropriate standards at that time.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

I understand that the Air Corps does not carry out mandatory risk assessments. Does the SCA not instruct particular organisations to carry out mandatory risk assessments? Is that not essential?

Mr. Pat Kirwan – State Claims Agency

Absolutely. It is not only essential from the point of view of the agency’s expectations, but it is also a legal requirement under the Safety, Health and Welfare at Work Act 2005. Again, that was not our experience. Ultimately the Defence Forces are responsible for the risks. When we originally worked with the Defence Forces they had risk assessments in place. In organisations as complex as the Defence Forces, the Naval Service, the Air Corps, and the Army, we are talking about thousands of different types of risk assessments. I cannot vouch for any particular risk assessment but, in general, the Defence Forces do have risk assessments in place.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Are they mandatory?

Mr. Pat Kirwan – State Claims Agency

It is mandatory under Irish legislation for appropriate risk assessments to be in place. It is also absolutely mandatory as part of the occupational health and safety management system the Defence Forces have had in place for some time.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

What the does the SCA do? Does it visit, carry out the assessment, and give the Defence Forces a certificate? Is there a certificate for each year? Were there years in which they were not given a clean bill of health?

Mr. Pat Kirwan – State Claims Agency

There are approximately 56 units in the Defence Forces. We cannot possibly audit every single one every year. We carried out approximately 100 audits between 2006 and 2015. An audit might be themed, that is, we might be looking at particular themes. For example, we may be worried about appropriate training documentation because that is something we have learned about from dealing with claims. We may have seen a number of incidents of a given type. For example, we may have seen particular injuries arising from vehicle crashes. For that reason we might look at that aspect of the system in particular. In general we look at roles and responsibilities, the structures that are in place, and the types of risk assessments and documentation that are in place.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Does the SCA work with the Health and Safety Authority on any of this?

Mr. Pat Kirwan – State Claims Agency

No. We have worked collaboratively with the Health and Safety Authority to produce guidelines in respect of, for example, schools, critical incidents and stress management. We have a different role in this area however. It is a policing authority and enforces legislation. On the specific issue of chemicals in the Air Corps, we were involved with the Healthy and Safety Authority in the sense that, after going in and carrying out one of its inspections, it made some recommendations and advised the Defence Forces to consult with us in addressing those recommendations.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Did the Health and Safety Authority not threaten legal action over shortcomings in the use of chemicals?

Mr. Pat Kirwan – State Claims Agency

I am not—–

Catherine Murphy T.D. (Kildare North)Public Accounts Committee

It is my understanding that it did.

Mr. Pat Kirwan – State Claims Agency

I am not exactly sure and I would not like to speak on the Health and Safety Authority’s behalf. I do know that it audited the Air Corps and raised issues. I am not sure of the level at which they were raised. We were active in helping the Defence Forces to address those issues to the satisfaction of the Health and Safety Authority.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

It is my understanding that the authority did threaten legal action. It seems extraordinary that one arm of the State may be doing so while another is giving the Air Corps a clean bill of health with regard to risk. That does not stack up in terms of mitigating risk into the future.

Mr. Pat Kirwan – State Claims Agency

Again, I would have to know the specific details to comment but statutory legislation underpins the health and safety of our employees across the State sector and, indeed, all employees within the State. With regard to chemical safety in particular, there is a complex suite of legislation in place. There is legislation from 2001, 2007, 2010 and, most recently, 2018. In addition, there is guidance in that area. It moves. In other words—–

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

The SCA is not expert in all of this, so does it have to bring in people who are experts in a given area?

Mr. Pat Kirwan – State Claims Agency

We are experts in this area. Members of our enterprise risk management team have backgrounds in engineering, science, public health, and nursing. Most have, at a minimum, a degree level qualification. Many have masters and some have doctorates. They are experts in various areas. We have expertise right across the main areas one would expect to encounter in dealing with employee and public safety. We are a very expert unit. We publish national and international guidelines. We are recognised as such.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

How many people work in Mr. Kirwan’s unit?

Mr. Pat Kirwan – State Claims Agency

We have 20 members of staff.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Most of these people have professional qualifications. Are there administrative staff included in that 20?

Mr. Pat Kirwan – State Claims Agency

There may be two administrative staff members included in that 20. The others have worked at very senior levels in the Defence Forces, the Health and Safety Authority, and other semi-State and private organisations nationwide, usually in some area of environmental or public health and safety.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Is there a bonus system or anything of that nature in the agency for mitigating risks?

Mr Ciarán Breen – State Claims Agency

Is the Deputy asking whether we operate such a scheme for State authorities?

Catherine Murphy T.D. (Kildare North)Public Accounts Committee

Yes.

Mr Ciarán Breen – State Claims Agency

No, we do not. There is no kind of risk-pooling approach in the public service. That does not happen. Every year, however, we ourselves recognise individual State authorities in a ceremony we hold at one point in the year. We give certificates to authorities that have done something very particular to mitigate their risk, and which produce documentation to prove it, at an annual event.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

We saw some evidence of that the last time the SCA was before the committee. We could see serious progress with regard to slips and falls. That is to be commended. I am still not entirely clear what the SCA looks at when it goes out to such organisations to look at issues such as the handling of serious chemicals. Does it look at whether adequate equipment, such as gloves or clothing, is provided to reduce the risks? Does it evaluate risk at that level?

Mr Pat Kirwan – State Claims Agency

I fully understand that it is quite difficult to understand. There are thousands of risks in, for example, a large facility such as that of the Air Corps in Baldonnel. We have to be guided by what we see, for example, reported on the national incident management system. At no time did we see any significant level of reported incidents relating to chemicals. In other words, it was not flagged to us as a hotspot to investigate. Nonetheless, because, as I said, chemical safety is important in workshops, it is something we test. I use the word “test”. In other words, we sample. On the day, we talk to people, we look at how the chemicals are stored, and we ensure the appropriate documentation is in place.

Perhaps I should give an alternative example. We did a very large job with the Defence Forces with regard to the guarding of machinery. We did so because there had been incidents of people being seriously injured because guards were not in place. We looked at a series of workshops. In that case, some workshops were closed down and some machines had to be retrofitted. That investigation proceeded machine by machine. We looked at it in detail because we, as a claims agency, saw it as a definite source of litigation risk.

The Deputy talked about the Health and Safety Authority. It will be guided by the statutory legislation. We obviously consider what we are particularly concerned about that could lead to claims. One of the indicators is whether incidents are being reported.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

On those cases, are they ongoing, settled or in dispute?

Mr Ciarán Breen – State Claims Agency

They are ongoing. One is in the Court of Appeal. A date has been given for the year after next because there is a glut of appeals in that court. Others are awaiting an important decision by the Supreme Court on a discovery issue.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

When mediation is possible for a group, but not necessarily the group in question, how does it happen? If there are a dozen cases coming in on something or other, does the agency wait for one case to be proven in the court? What approach does the agency take?

Mr Ciarán Breen – State Claims Agency

We do not have what in the United States and certain other jurisdictions is called class action, whereby a whole series of cases is taken at the one time, or for the group. Here a lead case will be chosen by a plaintiff’s solicitor, and it will be agreed with us that it will be the lead case. We engage on that case in terms of our separate investigations. One can imagine that we are preoccupied with the question of whether the State has a liability. Where it does, we obviously want to settle at the earliest possible opportunity. One of the vehicles we might use for that is mediation, if it comes to that. Having settled one, we would be of the view that unless the other cases could be differentiated in some way, we should seek to settle them through incurring the best possible cost and as quickly as we could.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

On Cervical Check, a couple of years ago we saw Vicky Phelan going public. If she had not done so, would others have realised they could have been affected in the same way? Is that used as a means of mitigating against damage done to individuals? I am referring to settling with what is known as a gagging order.

Mr Ciarán Breen – State Claims Agency

As the Deputy knows, we were not party to any of that. That case was settled by the particular laboratory.

Catherine Murphy T.D. (Kildare North) Public Accounts Committee

Yes

Mr Ciarán Breen – State Claims Agency

We were only involved peripherally in relation to the non-disclosure part of the case. I understand the point the Deputy is making, however. We talked on the last occasion I was here about how the other women found out. That is a different issue.

*****

The State Claims Agency Risk Management Section commenced annual Health & Safety Management System audits in 2006.

Unprotected toxic chemical exposures continued in the Irish Air Corps until they were threatened with legal action by Health & Safety Authority in 2016 for serious and basic Health & Safety failings that were an immediate threat to personnel after 2 x technicians were injured by solvent exposure in late 2015.

Luxuries such as gloves, eye protection & respirators were finally issued to all relevant personnel in 2017, a full two decades after another state agency Forbairt recommenced same in 1997.

Despite several legal actions, despite a decade of risk audits by the State Claims Agency, despite legal threats from the Health & Safety Authority the Irish Air Corps still thought it was OK to publish the below photographs on their official Facebook page showing ongoing chemical health & safety breaches in 2018…the Air Corps blamed this on “personal failings”.

 

 

Delay – Deny – Die

 

Dáil Éireann – 4th July 2019 – Public Accounts Committee – Irish Air Corps Toxic Chemical Exposure

Catherine Murphy T.D. (Kildare North)Public Accounts Committee

Watch Deputy Catherine Murphy question Mr. Ciaran Breen, Director of the State Claims Agency and Mr. Pat Kirwan,  Head of Enterprise Risk, also at the State Claims Agency, about the failure of a decade of Risk Management Section, Heath & Safety Management System audits at Casement Aerodrome, Baldonnel.

The State Claims Agency audits at Baldonnel commenced in 2006 and continued as the Irish Air Corps were investigated by the Health & Safety Authority in 2016 for serious breaches of the Safety, Health & Welfare at Work Act 2005. Breaches that including the very basic failure to provide PPE or chemical training.

It took the threat of legal action by the Health & Safety Authority as well as 2 years & 9 months of intervention to finally close the HSA file on what their own inspectors described as the most serious case of chemical misuse in the history of the state.

It should be noted that the State Claims Agency were not only aware from 2013 that the unprotected chemical exposures at Baldonnel were an ONGOING LIVE ISSUE, but bizarrely failed to intervene to prevent further exposure once this knowledge was in their possession.

It took the actions of three whistle-blowers in 2015 to bring the ongoing toxic chemical Health & Safety failures at the Irish Air Corps to the attention of the Minister for Defence and also to the attention of the Health & Safety Authority.

Why did the State Claims Agency fail to notice the high rate of untimely mortality, the high rate of suicide, the high rate of sick leave, the lack of PPE records and the lack of any chemical training records in 10 years of supposed audits.

Why did the State Claims Agency fail to act in 2013 when they did become aware that personnel were still being needlessly exposed to dangerous chemicals without PPE and without any chemical safety training?

Dáil Éireann Written Answers 12/06/19 – Irish Air Corps – Health & Safety

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 75

Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence when he first received the report on the findings of the independent third party appointed to investigate protected disclosures relating to chemical exposure in the Air Corps; the steps he has taken to act on its findings since then; and if he will make a statement on the matter. [24571/19]

Paul Kehoe (Wexford, Fine Gael)

Three written disclosures were made, in November and December 2015 and January 2016, under the provisions of section 8 of the Protected Disclosures Act 2014, relating to alleged failings in the Defence Organisation in the area of Health and Safety. Legal advice was sought on how best to progress certain disclosures as elements related to matters which are the subject of the ongoing litigation. As the Deputy will be aware, the State Claims Agency is currently managing nine claims taken against the Minister for Defence, for personal injuries alleging exposure to chemical and toxic substance whilst working in the Air Corps in the period 1991 to 2006.

I appointed an independent reviewer to examine the disclosures. Following receipt of the report of the independent reviewer, which was submitted to me on 19 June, 2016, I invited the views of those who had made the disclosures and published the report. I also sent the report to the Chief of Staff for the views and actions of the military authorities to be set out.

In parallel to the independent review, following an inspection in 2016, the Air Corps had 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.

The matter of the disclosures is receiving consideration in the context of the responses I received from the parties and legal advices in the context of ongoing active litigation…..blah blah blah blah blah blah blah blah blah 18 22 men dead since Minister for Defence first notified minister considering report for a year 2-years now. 

DELAY – DENY – DIE

  1. Minister for Defence was first notified of ongoing Health & Safety issues at Irish Air Corps in November 2015.
  2. Twenty Two men have died since this date, three by their own hand. Some of these men could have been saved.
  3. There has been ZERO medical assistance offered to Air Corps survivors.
  4. There has been ZERO assessment of the chemical exposure effects to even serving personnel.
  5. Minister Kehoe is happy to let serving and former Air Corps personnel die while he takes 2 years to consider his next step.
  6. Meanwhile the State Claims Agency who were awarding the Air Corps awards for excellence in Health & Safety while they actively poisoned personnel are frustrating legal cases by tying them up in appeals.
  7. Tune in next year for another bullshit reply in the Dail from Paul Kehoe.

Hearings needed into Air Corps whistle-blower claims – Ó Snodaigh

Sinn Féin spokesperson on Defence Aengus Ó Snodaigh TD has called for an Oireachtas inquiry into the claims made by Air Corps whistle-blowers that Defence Forces personnel suffered serious health consequences over decades as a result of toxic chemical exposure.

Teachta Ó Snodaigh said:

“I have drafted a Dáil motion calling for the establishment of a special Oireachtas committee to conduct relevant hearings into the claims made by Air Corps whistle-blowers and I will be seeking cross party support for it.”

“Informal research made by one of the whistle-blowers, provided to the Minister for Defence Paul Kehoe, raises questions over a number of deaths of former serving Air Corps personnel. Currently 73 deaths have occurred to personnel aged under 66 with the average age of 50.”

“The research has pointed to an unexplained, higher than normal concentration of very rare illnesses among relatively young former Air Corps personnel. They have called for a full health survey of serving and former Air Corps members, and those who worked in the Aerodrome to be carried out.”

“The aim of survey would be to try and quantify fully the scale and range of the health issue which they have linked to daily exposure to dangerous, corrosive and carcinogenic chemicals in areas of the Air Corps base.”

“The State was aware of these concerns following a number of reports Health and Safety drafted as early as the 1990s which highlighted dangerous working conditions and chemical exposures in Casement Aerodrome, in Baldonnel, County Dublin, which were not acted on.”

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

http://www.sinnfein.ie/contents/52575

*****

DELAY – DENY – DIE

Dáil Debates Other Questions 17/1/19 – Defence Forces Equipment

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 11

To ask the Taoiseach and Minister for Defence if all Defence Forces and Air Corps officers are trained in the use of respirators and-or breathing apparatus in the context of handling chemicals and toxic material; if the use of same is now mandatory; and the date on which it became mandatory. [1803/19]

This question relates to the change in the health and safety regime brought about in recent years because of disclosures from whistle-blowers, which have led to changes in health and safety in the Air Corps in particular. Are all Defence Forces and Air Corps officers trained in the use of respirators and breathing apparatus in the context of handling chemicals and toxic material which, in the past, were wrongly handled and possibly exposed people to poisoning and ill-health?

Paul Kehoe (Wexford, Fine Gael)

I am advised by the military authorities that all members of the Defence Forces are trained in the fitting of the general service respirator as part of their basic training and that tests of elementary training are conducted annually in a respirator test facility. This training is in keeping with chemical, biological, radioactive and neurological (WTF?) training that all Defence Forces personnel undergo following basic training.

I am further advised by the military authorities that only those Defence Forces personnel who are required to work with chemicals and toxins are required to undergo respiratory protective equipment training. Such training is provided to members of the Defence Forces in accordance with the relevant health and safety legislation.

With regard to the Air Corps, I am advised that it uses two types of respiratory protective equipment depending on the type of activity being carried out. These are respirators, which are air purifying, and breathing apparatus, through which air is supplied. I am advised that personnel who require respiratory protective equipment training are trained as necessary.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I welcome the Minister of State’s statement but part of the question was when did it become mandatory. The final part of the reply seems to suggest that not all Air Corps personnel are trained in the use of respirators. When exactly did it become mandatory for all Defence Force personnel to have this training? Is the training in full use currently?

Paul Kehoe (Wexford, Fine Gael)

With regard to the Air Corps, I am surprised that people who specifically deal with chemicals are trained in the wearing of respirators only if they are involved in dealing with these types of chemicals. Full training is given to these people and they undergo relevant retraining to ensure they are fully trained.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

The question is when that happened.

Paul Kehoe (Wexford, Fine Gael)

I do not have a specific date but to my knowledge full training is carried out in line with what is required. I will come back to the Deputy with a specific date.

*****

DELAY – DENY – DIE

Dáil Éireann Written Answers 23/10/18 – Department of Defence – Air Corps Health Monitoring

Jack Chambers (Dublin West, Fianna Fail)

QUESTION NO: 172

To ask the Taoiseach and Minister for Defence the changes in health and safety policies that have been implemented following the publication of the report of the independent reviewer, protected disclosures, Air Corps; and if he will make a statement on the matter. [43404/18]

Paul Kehoe (Wexford, Fine Gael)

I have sought the information from the military authorities and will revert to the Deputy when it is to hand.

 

Jack Chambers (Dublin West, Fianna Fail)

QUESTION NO: 173

To ask the Taoiseach and Minister for Defence if a programme that monitors actual exposure of Defence Forces members to hazardous substances either via personal air monitoring or biological monitoring as outlined in the report of the independent reviewer, protected disclosures, Air Corps is in place; and if he will make a statement on the matter. [43405/18]

Paul Kehoe (Wexford, Fine Gael)

I have sought the information from the military authorities and I will revert to the Deputy when it is available.

 

14th November 2018

Mr Jack Chambers, T.D.,
Dail Eireann,
Leinster House,
Dublin 2.
Dear Deputy,

You will recall my recent-replies to written Parliamentary-Questions 43-404/18 and 43405/18, wherein I advised you that I had sought the requested information from the military authorities and that I would revert to you when it was to hand.

I have now received the aforementioned information from the military authorities. At the outset I would like to advise you that while the exposure monitoring programme is referenced in the June, 2017 report of the independent reviewer, it is actually outlined (as a recommendation) in the Health & Safety Authority’s Report of Inspection to the Air Corps dated 21 October, 2016, which followed three inspections by the HSA at Casement Aerodrome during 2016.

The resultant Air Corps improvement plan confirmed the Air Corps’ full commitment to implementing improved safety measures that protect workers and ensure risks are as low as reasonably practicable. The plan was implemented over eight phases, seven of which the military authorities have advised are now complete, while phase 8 – Chemical awareness training and respiratory equipment training – is a continuous, ongoing process.

Phase 7 comprised a review of the Defence Forces policy on hazardous substances. This policy was subsequently amended in September, 2017 and, inter alia, describes the Defence Forces methodology for the assessment of risk arising from the transport, storage and disposal of hazardous substances. The new policy also provides guidance for military personnel. civilian employees and other relevant persons on the risk assessment process and control and measures to be implemented to reduce the risk of injury from the use, transport, storage and disposal of hazardous substances to a level that is as low as reasonably practicable.

Insofar as a programme that monitors exposure to hazardous substances is concerned, I am advised by the military authorities that the Air Corps have conducted and continue to conduct air monitoring studies at Casement Aerodrome and that the Air Corps are currently planning further air monitoring  studies in targeted areas next year.

Yours sincerely,

Paul Kehoe, T.D.,
Minister with responsibility for Defence

DELAY – DENY – DIE

Dáil Éireann Written Answers 15/01/19 – Irish Air Corps – State Claims Agency Bonus Pay

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 217

To ask the Minister for Finance further to Parliamentary Question No. 146 of 18 December 2018, if the National Treasury Management Agency will provide a breakdown of all discretionary performance related payments in tabular form (details supplied); the highest discretionary performance related payments made to a single employee in each of the years 2006 to 2012; and if he will make a statement on the matter. (Details Supplied- Email sent 07/01/19 at 14:57) to include the details of discretionary performance-related payments for the following years 2006 to 2012 inclusive to include the overall total amount of remuneration and the number of employees per year that shared extra remuneration; and if the NTMA will indicate the highest discretionary performance-related payments made to a single employee in each years. 1179/19

Paschal Donohoe (Dublin Central, Fine Gael)

The response to the deputy is set out in the table.

YearTotal Bonus PayNumber of Benefiting EmployeesAverage per Benefiting EmployeeHighest Individual Bonus Pay
2006€2,807,229116€24,200
€377,000
2007€3,165,551138€22,939
€403,000
2008€3,459,751161€21,489€395,500
2009€2,751,361167€16,475€200,000
2010€1,981,760258€6,945€40,000
2011€62,6105€12,522€30,000
2012€43,1006€7,183€25,000

Notes

  • In respect of the years 2006-2010, the details provided have been compiled by the NTMA following the retrieval and review of available historical hard-copy documentation.
  • Details of the total amount paid in discretionary performance related pay along with the number of staff in receipt of these payments have been published in the NTMA Annual Report for the years 2010 to 2017 (the NTMA’s most recent Annual Report).

*****

State Claims Agency audited the Health & Safety Management Systems of the Irish Air Corps for a decade before the Health & Safety Authority intervened to prevent serious ongoing harm to Air Corps personnel. 

Over the course of this decade of auditing, the “risk profile” of the Irish Air Corps improved year on year. These “paperwork” improvements in risk profile were subsequently part of the remuneration process for personnel in the State Claims Agency and the National Treasury Management Agency

DELAY – DENY – DIE

Dáil Éireann Written Answers 15/01/19 – Irish Air Corps – State Claims Agency

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 133

To ask the Taoiseach and Minister for Defence the health and safety management system reports and or audits carried out on the Air Corps by the State Claims Agency in each of the years 2006 to 2015; the year and author of each report and or audit in the timeframe; if the reports have been published and or classified as confidential; and if he will make a statement on the matter. 1180/19

Paul Kehoe (Wexford, Fine Gael)

I am advised by the State Claims Agency that it has a statutory remit under the National Treasury Management Agency (Amendment) Act 2000 to provide risk management advices to Delegated State Authorities. Such risk management advices include the provision of Health & Safety Management System audits, inspections and reviews.

From this, State Claims Agency conducted a number of Health & Safety Management System Defence Forces audits within the Air Corps between the years 2006 – 2015. The Reports are authored by the State Claims Agency and are confidential between the Agency and their Client.

*****

The State Claims Agency audited the Irish Air Corps for a decade before the Health & Safety Authority were forced to intervene and stop the ongoing CMR & toxic chemical exposure of the Baldonnel workforce.

The HSA file was opened in January 2016 and was only closed in September 2018 but the “superb” health and safety performance of the Air Corps for the decade prior to HSA intervention helped the State Claims Agency & NTMA staff earn discretionary performance-related payments.

DELAY – DENY – DIE

Dáil Éireann Written Answers 18/12/18 – Department of Finance – State Claims Agency Bonus Pay

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 146

To ask the Minister for Finance if staff at the State Claims Agency receive discretionary performance related payments; the amount paid to staff from 2006 to date; if these payments related to particular projects and or audits; and if he will make a statement on the matter. 53022/18

Paschal Donohoe  (Dublin Central, Fine Gael)

When performing its statutory functions regarding claims against the State, the National Treasury Management Agency is known as the State Claims Agency.

The NTMA have informed me that discretionary performance-related payments are intended to reward 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 NTMA have also informed me that it provides details of performance related payments made each year to all NTMA staff in its annual reports which are available on the NTMAs website through the following link

http://www.ntma.ie/publications

*****

DELAY – DENY – DIE

Dáil Éireann Written Answers 18/12/18 – Irish Air Corps – State Claims Agency Audits

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 119

To ask the Taoiseach and Minister for Defence if the State Claims Agency supplied the Health and Safety Authority with copies of its audits and or reports regarding the Air Corps; and if he will make a statement on the matter. 53026/18

Paul Kehoe (Wexford, Fine Gael)

I have been advised by the State Claims Agency that it does not provide reports of Health and Safety Management System Audits conducted by the Agency in Delegated State Authorities (including the Defence Forces) to the Health and Safety Authority. I am advised that these are provided to the Delegated State Authorities only.

With regard to the Air Corps, the Deputy will be aware that the Health and Safety Authority (HSA), following a number of inspections in 2016, issued a Report of Inspection to the Air Corps on the 21st October 2016, listing 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 is being conducted over eight phases. Seven of the eight phases have now been fully completed. The final phase is a continuous on-going process. The implementation plan focuses on a number of areas, including risk assessment.

I wish to assure the Deputy that the health and welfare of the Defence Forces personnel is a high priority for me and the military authorities.

*****

For 10 years BEFORE the Heath & Safety Authority were forced to investigate the Irish Air Corps, due to the ongoing safety risks to personnel, the State Claims Agency had been carrying out Health & Safety Risk Management System audits at Baldonnel. 

In the eyes of the State Claims Agency the Irish Air Corps risk profile was continuously improving whilst personnel on the ground were still being exposed to toxic & CMR chemicals without appropriate PPE or training causing lifelong injures to themselves and their children. 

It is now obvious that the State Claims Agency audits were incompetent  especially considering it took the Health & Safety Authority 2 years and 9 months to close their investigation file on the Irish Air Corps.

The State Claims Agency audits need to be released to the Oireachtas without delay.

DELAY – DENY – DIE