Army officer’s case over report resolved after High Court proceedings withdrawn

A High Court action by a senior army officer over the State’s refusal to provide him with an independent report into his allegations of corruption and misconduct within the military has been resolved, and the case withdrawn.

The action was brought by the Defence Forces Head of Legal Services Colonel Jerry Lane against the Minister for Defence, Ireland and the Attorney General.

When the case commenced this week, the court heard the proceedings arose over concerns raised by Col Lane several years ago that preferential treatment was being afforded to another member of the Defence Forces to the detriment of other members.

Counsel said in 2010, his client attempted to raise the issue of the other officer’s alleged preferential treatment through the chain of military command, but claimed that nothing was done.

Col Lane’s concerns were that the other officer was selected for, but ultimately did not get, a senior position which Col Lane claimed the other person was ineligible for.

Col Lane, from Bandon, Co Cork, made a protected disclosure to members of Seanad Éireann regarding his concerns which were raised in the Seanad in 2011.

Arising out of the disclosure, he claims he was subjected to a range of penalties, including threats of dismissal and involuntary retirement from the Defence Forces, but those threats were subsequently set aside.

Number of cases being defended by Department of Defence against former staff rises to eight

The Department of Defence has confirmed that the number of cases it is defending against former Defence Forces staff over chemical exposure in the Air Corps has risen to eight.

Detail of the new case emerged as Sinn Fein prepares a motion calling for Oireachtas inquiry into the health and safety management at Air Corps headquarters at Casement Aerodrome, Baldonnel.

In January 2017, this newspaper revealed how the Department of Defence had received a number of protected disclosures from whistleblowers alleging serious shortcomings in how Air Corps maintenance staff were protected from exposure to cancer-causing substances.

We also reported how, at the time, six former members who suffer a range of chronic illnesses, took High Court action against the State over what they said was a failure to train them properly on the dangers of the chemicals they used, or to provide them with adequate personal protective equipment.

These six former members had received the opinion of a toxicopathologist who linked their illnesses to their working conditions.

The Department has now confirmed that the number of cases has risen to eight, and this newspaper understands that a number of others are considering similar action.

Call for inquiry into allegations members of Defence Forces suffered due to toxic chemical exposure

The Dáil is to consider establishing a special Oireachtas inquiry into claims that Defence Forces personnel suffered serious health consequences over decades as a result of toxic chemical exposure – allegations first revealed by the Irish Examiner.

They believe these exposures could have caused the deaths and serious illnesses of former staff.

These whistle-blowers also submitted a complaint to the Health and Safety Authority, who inspected conditions at Casement Aerodrome in Baldonnel and threatened legal action against the Defence Forces unless it made improvements in how Air Corps staff are protected from the effects of the toxic chemicals.

Meanwhile, the State is defending seven personal injury claims from former Air Corps members who have been told by a toxico-pathologist that their chronic illnesses were caused by their exposure to chemicals used in the line of duty.

The Government first received protected disclosures from whistleblowers in December 2015, and an independent report on the claims found appropriate records to demonstrate the Air Corps compliance with health and safety standards “are not readily available.”

However, despite receiving that report in the summer of 2017, no subsequent action has been taken by the Government, nearly two years later.

Read full article on Irish Examiner website below…

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There have been 22 untimely deaths of Irish Air Corps serving & former personnel since the first health and safety related protected disclosure was made to Simon Coveney in December 2015.

This Fine Gael government appear quite happy to sit back and let our colleagues die. At least 3 of the 22 deaths were suicides and therefore preventable.

Delay – Deny – Die

Whistleblower feels ‘left out on a limb’ by minister

An Air Corps whistleblower, leaving the Defence Forces, feels “left out on a limb” by the minister to whom he appealed for help, the Dáil has heard.

Last month, the Irish Examiner revealed that the serving member wrote to the Defence Forces chief of staff to inform him of a decision to retire early over what was claimed was the authority’s failure to protect him from persecution as a result of concerns he had raised.

Last November, the whistleblower wrote to Paul Kehoe, the junior defence minister, complaining of the “unwarranted treatment” he had received after submitting a protected disclosure on health and safety issues.

The whistleblower is one of a number who has raised concerns over Air Corps staff exposure to cancer-causing chemicals while servicing and maintaining aircraft. The State is fighting seven personal injury cases being taken by former Air Corps members suffering chronic illnesses they say were caused by exposure suffered during their service.

The whistleblower’s early retirement was raised in the Dáil by Sinn Féin TD Pat Buckley, who asked Mr Kehoe what action, if any, he had taken on receiving correspondence from the member last November.

Mr Buckley said: “No action was taken on foot of a letter dated 28 November 2018 appealing for the Minister of State’s intervention and asking what protection he was giving to this serving member at the time. What actions were taken on foot of the original protected disclosure?

Mr Kehoe said he would leave the matter in the hands of the Ombudsman. “I will not stand over anybody being wronged. I encourage the person to whom the deputy is referring to go to the Defence Forces Ombudsman. He or she may have done so but I assure the deputy the case will be dealt with in an independent and fair way. The ombudsman provides that facility in an independent way.”

Unfortunately, this person has left the service because of the way he has been treated. He believes he has been let down. He has served his country with distinction. He thought he was doing the right thing by disclosing what was going on but he is now in a position where he cannot keep his job which will affect him in many other ways.

Read full article on Irish Examiner website below…

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The last thing Minister Kehoe wants is more whistle-blowers feeling it is safe to make further protected disclosures about wrongdoing at the Irish Air Corps. By “passing the buck” Minister Kehoe’s non intervention is allowing the ongoing victimisation of of Air Corps personnel.

Said ombudsman will probably be invited to visit Baldonnel and then wined & dined in the Officers Mess by the perpertrators of the greatest workplace health & safety tragedy in modern Irish history.

That is of course unless he hasn’t been invited already.

Delay – Deny – Die

Case over chemical exposure at Casement dismissed

A case taken against the State by a former maintenance worker who claims his illnesses were caused by his exposure to chemicals while in the Air Corps has been dismissed on statute of limitations grounds.

The case saw legal representatives acting on behalf of former Air Corps member Ian Coughlan at odds with the State as to when Mr Coughlan was first aware that his medical complaints may have been connected to his exposure to chemicals in Casement Aerodrome, Baldonnel.

Mr Coughlan has suffered or continues to experience skin rashes, sleep disturbance, fatigue, mood changes, occasional bloody diarrhoea, skin and eye discolouration, and short-term memory loss. He began proceedings against the State in 2013.

His personal injury summons against the State alleged 24 instances of negligence and breach of duty. He alleged the Air Corps failed to provide him with a safe system of work, appropriate training for the safe handling of the chemicals he was required to work with, and that proper safety measures to protect him from the ill-effects of the chemicals were not implemented.

Mr Coughlan brought his legal challenge within months of receiving the opinion of toxicopathologist professor Vyvyan Howard, who said he believed his ongoing medical complaints were as a direct result of his exposure to chemicals while working in Casement Aerodrome.

However, the State argued Mr Coughlan’s claim was statute barred as he was aware of a potential connection more than two years before he commenced legal action. It said discussions in medical examinations around Mr Coughlan’s handling of chemicals while he was serving in the Air Corps meant he possessed the requisite knowledge to bring a case between 2007 and 2009 — at least four years before he began legal action.

However, in a sworn affidavit, Mr Coughlan said at no time during that period was he advised his symptoms and illnesses were related to his working environment.

Read full article on Irish Examiner website below…

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Despite Mr. Coughlan having no evidence to bring a case against the state until 2013, Mr Justice Meenan said Mr Coughlan should have brought the case against the State by 2011 at the latest.

Delay – Deny – Die

Air Corps whistleblower’s decision to retire “demonstrates a dysfunction in the complaints process”

The Irish Examiner revealed today that the whistle-blower – one of three who has previously raised concerns about staff’s exposure to chemicals – has announced his decision to retire early.

His decision comes two months after telling Junior Defence Minister Paul Kehoe that he has not received assurances from Defence Forces hierarchy that he is not being targeted for making protected disclosures.

Social Democrats TD Catherine Murphy said a list of deaths compiled by one Air Corps whistle-blower requires explanation.

The list, the existence of which was previously reported in this newspaper, contains the details of more than 70 deaths of former Air Corps staff that the whistle-blower believes may be connected to chemical exposures at the force’s headquarters in Casement Aerodrome.

She described the revelation that a whistle-blower is to retire early as ‘shocking’.

“I’m very concerned about the treatment of whistle-blowers and people making disclosures, as some arms of the public service are not dealing with them as comprehensively or fairly as they should,” Ms Murphy said.

Fianna Fáil Defence spokesman, Jack Chambers, said the whistle-blower’s decision “demonstrates a dysfunction in the complaints process” and will act as a deterrent to anyone else who is thinking about coming forward.

“This is symptomatic of the general malaise that has been allowed to fester within the Defence Forces under the current Minister. Whistle-blowers who feel that their only next option is to retire demonstrates a dysfunction in the complaints process and it certainly doesn’t encourage others who have issues of concern from engaging with the process.”

Air corps whistleblower was ‘isolated, vilified’

An air corps whistle-blower has written to the Defence Forces Chief of Staff to inform him of his decision to retire early over what he has claimed is the authority’s failure to protect him.

The decision comes two months after the whistle-blower wrote to junior defence minister Paul Kehoe complaining of the “unwarranted treatment” he has received since he submitted a protected disclosure on health-and-safety issues.

In this communication with Mr Kehoe, the whistle blower included signed statements from two air corps personnel, the contents of which, he said, were evidence of an attempt by those in authority to “isolate and vilify” him and turn his colleagues against him.

He is one of three whistle blowers to make complaints about the chemical exposure suffered by air corps maintenance staff, the details of which were first revealed by the Irish Examiner two years ago.

The commanding officer further pointed to previous complaints made against him by the whistle-blower, which he said constitutes “a consistent pattern of vindictive and bullying behaviour” against him.

The commanding officer further pointed to previous complaints made against him by the whistle-blower, which he said constitutes “a consistent pattern of vindictive and bullying behaviour” against him.

Read full article on Irish Examiner website below…

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If said commanding officer felt he was targeted by a consistent pattern of vindictive and bullying behaviour by a subordinate the Defence Forces have measures in place to deal with such behaviour through military law.

If the commanding officer didn’t act to use existing disciplinary mechanisms against his subordinate why did he introduce such complaints when he himself was being investigated? 

Delay – Deny – Die

Minster Kehoe ‘satisfied’ with Air Corps audits

The Junior Defence Minister said he is “fully satisfied” the State Claims Agency (SCA) can adequately carry out health audits in the Air Corps despite a separate workplace safety watchdog finding a series of failings at Casement Aerodrome after a decade of annual inspections by the SCA.

Mr Kehoe gave his backing to the SCA after he told the Dáil that the agency “conducted a number of Health and Safety Management System Defence Forces audits within the Air Corps between the years 2006-2015”.

The whistle-blower complaints also prompted an independent review. In his report, the reviewer said “a problem has arisen in relation to the issues raised by the three informants because appropriate records to demonstrate compliance are not readily available”.

The SCA’s audits were not made available to the reviewer, nor was an internal Air Corps report, seen by this newspaper, which raised concerns about staff exposure to the cancer-causing chemical trichloroethylene.

The SCA is currently defending 21 court cases against the Air Corps, including a number from ex-personnel who say their exposure to chemicals at Casement Aerodrome led to serious illnesses.

Mr Kehoe revealed the decade of SCA audits in response to a parliamentary question from Social Democrats TD Catherine Murphy, who was critical of the decision not to release reports.

“Time and time again the minister states that the health and welfare of the Defence Forces personnel is a high priority for him and the military authorities. This may be the case, but the health and welfare of all future recruits and contractors should be too,” Ms Murphy told the Irish Examiner.

“Health and Safety reports should not be shrouded in secrecy. It is an area of expertise of the Health and Safety Authority, perhaps they should really be leading on this, I question whether the State Claims Agency in the past provided an adequate service and applied robust enough tests to the working environment at Baldonnel.”

Read full article on Irish Examiner website below…

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In the interests of transparency, Minister Kehoe should release all the State Claims Agency Health & Safety Management System Audits of Baldonnel with immediate effect.

If the audits were carried out to an adequate standard what has Minister Kehoe got to hide?

Delay – Deny – Die

Irish Air Corps whistle-blower claims death toll from chemical-linked illnesses surpasses 72

A MAN WHO is taking the State to court over his time in the Air Corps believes 72 of his colleagues died prematurely, linking their deaths to alleged chemical exposure at work.

The recent death of a former airman has brought the alleged death toll to 72, according to the whistle-blower.

He also alleges that:

  • 72 verified deaths have occurred in total since 1980
  • 59 of these deaths have occurred since 2000
  • 36 of these deaths have occurred since 2010

The whistle-blower is claiming that the State neglected health and safety rules and exposed himself and his fellow workers to seriously harmful levels of toxic chemicals. This continues to be strongly contested by the State.

The whistle-blowers in this case alleges there was a disregard for the safety of young Air Corps members. According to an online resource created for those who believe they were affected by the chemical exposure, there was:

  • No meaningful chemical risk assessments.
  • No risk specific health surveillance
  • No Personal Protective Equipment (PPE) issued
  • No chemical health and safety training whatsoever
  • No reporting of health and safety incidents
  • No follow up of unusual illnesses by medical personnel
  • Ignoring dangerous air quality reports
  • Personnel doused in toxic chemicals as pranks (hazing) incidents
  • Highly toxic chemicals disposed of onsite in an unsafe manner

Read full article on The Journal website below…

Whistle blower who raised concerns over alleged chemical exposures seeks Air Corps inquiry

A whistleblower who has raised concerns over alleged chemical exposures in the Air Corps says the force used five of the same chemicals at the centre of a cancer scandal involving tech giants Samsung.

The whistleblower has compiled a list of 70 deaths of former Air Corps staff that he believes should prompt an investigation into chemical exposures at the force’s headquarters in Casement Aerodrome.

South Korean company Samsung last week apologised for the sickness and deaths suffered by some of its workers after they were linked to chemical exposures in its facilities. Dozens of employees have experienced grave illnesses such as leukaemia and brain tumours.

Samsung and a group representing ailing workers agreed compensation terms after a highly publicised standoff that had been ongoing for more than a decade. The president of its device solutions division said the company failed to “sufficiently manage health threats” at its plants

SHARPS (Supporters for the Health And Rights of People in the Semiconductor industry) is a group campaigning on behalf of those who worked in Samsung facilities and subsequently suffered illnesses.

Its website has listed case studies and chemicals used by Samsung, including trichloroethylene, a known carcinogenic used by the Irish Air Corps until 2007.

This newspaper has previously revealed the details of an internal Air Corps memo that said it is possible staff may have ingested Triklone N, a vapour degreaser that contains trichloroethylene,  over a 27-year-period.

The memo said staff could have suffered other exposures because there was no record that protective measures were in place to mitigate the impact of the toxic solvent.

The summary of an internal Air Corps report, compiled in 2014, asks: “Can the Defence Forces be found not to have done everything reasonably practicable?”

Read full article on Irish Examiner website below…