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

Human rights of members of the armed forces

Recommendation CM/Rec(2010)4 of the Committee of Ministers to member states on human rights of members of the armed forces

(Adopted by the Committee of Ministers on 24 February 2010 at the 1077th meeting of the Ministers’ Deputies)

J-51.  Current and, where applicable, former members of the armed forces should have access to information with regard to their exposure during service to situations, either past or present, which were or are potentially hazardous to their health.

When public authorities, including military authorities, engage in hazardous activities which might have latent adverse effects on health, they should put in place an accessible and efficient procedure which enables persons involved in such activities to access all relevant and appropriate information.

In addition, authorities should not only to disclose this type of information, but also to refrain from imposing a long and complex procedure to obtain such information.

Minister Paul Kehoe T.D. appears to be in breach of the human rights of Air Corps Chemical Abuse Survivors as his department refuses to inform military personnel who served in the Irish Army Air Corps of the hazardous & toxic chemicals they were actually exposed to in the working environment.