Army blames Covid-19 for continued failure to give affidavit to former Air Corps mechanic

Investigation after bag suspected to contain cocaine found at Baldonnel airbase

An investigation has been launched after a bag suspected to contain cocaine was found at the Baldonnel airbase.

Officers Mess – Baldonnel

According to a Defence Forces source, the bag was found outside the Officers’ Mess car park last night.

A spokesperson for the Air Corps said: “I can confirm that an unknown substance was recovered in an area of unused ground in Casement Aerodrome, Baldonnel.

“A Military Police investigation has commenced.

“Óglaigh na hÉireann does not comment on ongoing Military Police Investigations.”

Former Defence Forces mechanic wins appeal over order halting damages claim

Court of Appeal overturns High Court finding over action time limits

A former aircraft mechanic with the Defence Forces has won his appeal against an order halting his damages action over injuries allegedly suffered as a result of exposure to toxic chemicals at work.

The Court of Appeal overturned a High Court finding that Ian Coughlan’s action was brought outside the applicable time limits and thus bound to fail.

The High Court relied on inadmissible evidence in coming to that finding, the three judge Court of Appeal held in its judgment on Wednesday.

The application to halt the case must now be reconsidered in line with the Court of Appeal’s findings.

 

Mr Justice Noonan said Mr Coughlan, both during and after his employment with the Defence Forces, attended a large number of doctors about his complaints. Mr Coughlan himself has long believed there was an association between his complaints and his working environment but says he was repeatedly assured by doctors he was wrong about this, the judge noted.

Mr Coughlan says it was only in November 2011, when he got a verbal opinion from a clinical toxico-pathologist, a Professor Howard, that he became aware of a causal link between his symptoms and his employment.

He claimed that was his date of knowledge for his cause of action and, because his proceedings were issued in 2013, they were within the two – year limit stipulated in the Statute of Limitations Act.

The defendants argued his date of knowledge long pre-dated the November 2011 opinion. They said he had seen a toxicologist, a Dr Wood, in London in 2008 and exhibited a January 2009 report by Dr Wood in arguing his claim was statute barred.

The judge found an objection by counsel for Mr Coughlan to the admissibility of the Wood report on hearsay grounds was “well-founded”. The Wood report had the same status as a document produced in the course of discovery, it does not prove itself and it was inadmissible as hearsay, he held.

Even if the report was properly admitted and properly proved, fair procedures required its contents should have been put to Mr Coughlan in cross-examination to give him a fair opportunity to deal with it, he also held.

Read full article on the Irish Times website below…

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It should be noted that in order to comply with a recent Supreme Court order in relation to a separate case the Irish Air Corps have until the 6th of April to provide a full list of toxic workplace chemicals they have withheld from former personnel. 

Delay – Deny – Die

Former Defence Forces mechanic wins appeal over order halting ‘chemicals’ damages claim

A former aircraft mechanic with the Defence Forces has won his appeal against an order halting his damages action over injuries allegedly suffered as a result of exposure to toxic chemicals at work.

The Court of Appeal overturned a High Court finding that Ian Coughlan’s action was brought outside the applicable time limits and thus bound to fail.

In proceedings against the Minister for Defence and the State, he alleges he was exposed to toxic chemicals used for degreasing aircraft parts, was not provided with proper protection against the effects of those and suffered personal injuries.

Among various claims, he alleges he suffered dizziness, skin rashes, nasal irritation, sores, sleep disturbance, chronic fatigue and headaches, skin yellowness and bloody diarrhoea.

Mr Justice Noonan said Mr Coughlan, both during and after his employment with the Defence Forces, attended a large number of doctors about his complaints. Mr Coughlan himself has long believed there was an association between his complaints and his working environment but says he was repeatedly assured by doctors he was wrong about this, the judge noted.

Mr Coughlan says it was only in November 2011, when he got a verbal opinion from a clinical toxico-pathologist, a Professor Howard, he became aware of a causal link between his symptoms and his employment.

He claimed that was his date of knowledge for his cause of action and, because his proceedings were issued in 2013, they were within the two year limit stipulated in the Statute of Limitations Act.

The defendants argued his date of knowledge long pre-dated the November 2011 opinion. They said he had seen a toxicologist, a Dr Wood, in London in 2008 and exhibited a January 2009 report by Dr Wood in arguing his claim was statute barred.

Mr Coughlan said in an affidavit Dr Wood was “very much limited” in expressing an opinion as to any causal connection between his employment and his injuries because of a lack of information available to the doctor concerning the chemicals and solvents to which he had been exposed.

Read full article on Irish Examiner website below…

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It should be noted that in order to comply with a recent Supreme Court order in relation to a separate case the Irish Air Corps have until the 6th of April to provide a full list of toxic workplace chemicals they have withheld from former personnel. 

Delay – Deny – Die

Protestors encourage voters not to give Paul Kehoe any preference votes

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

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

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

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

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

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

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

Read full article on Irish Examiner website below…

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

Delay – Deny – Die

Kehoe won’t say when Air Corps respirator training began

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

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

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

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

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

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

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

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

Read full article on Irish Examiner website below…

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

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

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

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

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

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

Context

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

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

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

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

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

Read full article on Irish Examiner website below…

Abnormal number die early in Irish Air Corps

The Air Corps “seems to be a place where there’s an abnormal number of people who die prematurely”, according to a member of the Oireachtas’ Public Account Committee.

Social Democrats TD, Catherine Murphy, made the remark as the State Claims Agency confirmed to the PAC that there are eight cases being taken against the State regarding chemical exposure at the Air Corps.

Today officials from the State Claims Agency, which is handling the lawsuits against the State, appeared before the PAC. Ms Murphy raised the list during the PAC meeting, and said it showcases an “extraordinary age profile of people who have died in the Air Corps”.

“The Air Corps is not a big employer, and there’s 72 deaths, all pre-retirement, some very young. Now, a large core of the 72, about 14 or 15, are by suicide, but others are in particular categories, like cancers and cardiacs. It seems to be a place where there are an abnormal number of people who die prematurely, and that would have jumped out to me as something that would make me question that there was a risk,” she said.

Ms Murphy also raised a reply she received from Junior Defence Minister Paul Kehoe which revealed the SCA had carried out annual health and safety audits at Casement Aerodrome.

SCA director, Ciarán Breen, said the cases against the State date from 1972-2007, and that the SCA began its audits in 2006: “In 2007, the particular workshop which is associated with the alleged exposure was changed to a state-of-the-art facility. 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.”

However, Ms Murphy also highlighted how many of these annual SCA audits were carried out in the years before the Health and Safety Authority investigation and its adverse findings. “It’s my understanding that they did threaten live legal action,” she said of the HSA investigation.

“It seems extraordinary that you have one arm of the State that may be doing that and another giving a clean bill of health in terms of risk. That just doesn’t, for me, stack up in terms of mitigating risk into the future,” she said

Read full article on Irish Examiner website below…

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The State Claims Agency have been carrying out Health & Safety Management System audits since 2006.

The Health & Safety Authority threatened legal action against the Irish Air Corps a decade later in 2016 if they did not comply with their instructions to improve chemical Health & Safety at Baldonnel. The instructions covered basic Health & Safety requirements that were mandatory since the SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989. 

The questions must be asked, what was the purpose of the decade of State Claims Agency audits from 2006 to 2016 and what did they achieve in terms of improving the health & safety and risk profile of the Air Corps over those years? 

It should be noted that the problems with chemical exposure were spread across the entirety of Casement Aerodrome. Again the State Claims Agency are attempting to reduce the exposure problems at Baldonnel to ERF and this is simply NOT the case. 

Exposure issues existed in Avionics, Engine Shop, Machine Shop, NDT Workshop, Spray Paint Shop, Hydraulic Shop, Sheet Metal Shop, Carpentry Shop, Light Strike, BFTS, Heli, Refuelers, Transport, Fire Crew, Photo Section, Air Sup Coy Signals, Apprentice school, Main Block, Main Tech Stores and even the Training Depot was affected.

Delay – Deny – Die

Junior Defence Minister Paul Kehoe “doesn’t give a damn” about Air Corps personnel health, claims whistleblower

Junior Defence Minister Paul Kehoe “doesn’t give a damn” about Air Corps personnel health, claims whistle blower

A whistle-blower claims the Junior Minister for Defence “doesn’t give a damn” about the health and well-being of Air Corps personnel, two years on from the issuing of a report into his disclosures.

Minister of State for Defence Paul Kehoe this week confirmed that it was in June 2017 when he first received a report of an independent reviewer who investigated allegations into claims that Air Corps technicians were unduly exposed to dangerous chemicals while working at Casement Aerodrome.

The whistle-blower has expressed his frustration at the delay in responding to his complaints and claims that 22 men have died since concerns were first raised in 2015. He believes these deaths can be linked to the men’s exposures to chemicals.

“Some of these men could have been saved but Minister Kehoe chose to do nothing,” the whistle-blower said.

“Minister Kehoe is constantly at pains to point out how safety, health and well-being of Air Corps personnel are of primary concern but his lack of action shows he doesn’t give a damn. Furthermore he has never said he has any concern for the health and well-being of former Air Corps personnel which is telling,” he said.

Read full article on Irish Examiner website below…

DIE – Varadkar & Kehoe happy to let Irish Air Corps personnel die unnecessarily

Is it possible that these illnesses are a coincidence? Yes.

Could it be the case that there is no direct correlation between the chronic sickness suffered by former Air Corps staff and their working environment?

Absolutely.

But the evidence to date —what is known about the chemicals used in Baldonnel, the international precedents, the HSA inspection, the internal Air Corps memo — all these support the argument that at the very least, the possibility that conditions in Baldonnel have made people sick is worth a proper investigation.

However, this is a question the Government won’t ask because it fears the answer.

General Dynamics F-111 linked to RAAF Deseal / Reseal Scandal

 

It need not be this way.

Australia went through a major scandal when scores of its Air Force maintenance staff were found to be ill as a result of their working environment.

That scandal first emerged among a group of specialist staff who had a specific job, but the issue spread to Air Force staff who had exposures to a wider range of substances.

And yet in Australia, while those Air Force personnel involved in the health study have a higher rate of chronic illnesses than the general population, their mortality rate from those illnesses is actually lower.

Why?

Because the Australian government conducted an investigation, found a connection, and subsequently those affected knew the early warning signs, their doctors knew what to look out for, and earlier intervention was made possible.

There appears to be little appetite in Ireland to even investigate whether the same could possibly be happening here, despite the obvious potential benefits to a number of citizens.

Speaking privately, one of those who is seriously ill and who is before the court has admitted he believes he will be “in the ground” before his case reaches any sort of conclusion.

Read full article on Irish Examiner website below…