Dáil Éireann – 2nd March 2023 – Public Accounts Committee – Irish Air Corps Toxic Chemical Exposure (Transcript)

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

I have one area I wish to pursue. I do not know if this falls into potential liabilities. I have raised this before with the SCA regarding Casement Aerodrome. I have a list of premature deaths of people of pre-retirement age. Since 2019, we have seen deaths of people aged 56, 51, 63, 55, 27, 55, 55, 62, 63, 55, 51 and 38. I can go back to 1981 in terms of the age profile. Given this is not a gigantic employer, it is a stand-out in terms of premature deaths and certainly raises a significant question mark in this regard for me and for others. The SCA went in and carried out a safety management systems audit in 2010. Have such audits been repeated? Is the SCA dealing with active claims now concerning Casement Aerodrome?

Mr. Ciarán Breen – State Claims Agency

When the Deputy refers to Casement Aerodrome, I presume she is referring to the cases in the workshop. I say this because we have other claims from Casement Aerodrome.

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

Yes

Mr. Ciarán Breen – State Claims Agency

We have roughly about ten cases outstanding relating to the workshop there. These are all cases where proceedings have been issued. Liability is an issue in those cases. When I say it is an issue in these cases, we are currently going through all our investigations. There is some outstanding information that we require in the context of the management of those cases, which is a normal part of the investigation of those cases. I am, therefore, very limited in what I can say to the Deputy about them.

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

Regarding preventative actions, I presume the SCA continues to carry out audits. Has it carried out more audits than the audit carried out in 2010?

Mr. Ciarán Breen – State Claims Agency

I am sure we have. I am sorry I do not have that information for the Deputy today.

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

Mr. Breen might come back to us with it.

Mr. Ciarán Breen – State Claims Agency

Yes

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

Along with those cases where I listed the ages of death regarding particular individuals since 2019, and I appreciate this is across the spectrum but equally this is not a gigantic employer, there are also others living with conditions. There is again a profile here in this regard and a similarity regarding the conditions. I presume this is part of the active cases.

Mr. Ciarán Breen – State Claims Agency

It most certainly is.

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

The SCA reckons there are about ten cases at this stage.

Mr. Ciarán Breen – State Claims Agency

I think it is ten.

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

I understand these are active cases, but when was the first one initiated? Would Mr. Breen at least be able to give us a timeline?

Mr. Ciarán Breen – State Claims Agency

I will have to come back to the committee on this point.

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

Okay. I would appreciate it if Mr. Breen would do that because this is an issue that is on my desk constantly. I know more than a couple of the people involved. This is a stand-out situation and I think some of these things are going to be quite unusual in terms of workplace issues. This was my main point.

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Again a representatives of the State Claim Agency attempts to narrow down the Air Corps toxic chemical exposure problems to the a single location that he refers to as “the workshop”.

For the avoidance of doubt below are the locations (old names) at the Irish Air Corps where personnel were exposed to toxic chemicals on a regular basis without any chemical awareness training, without chemical handling training and in most cases without any PPE.

Air Support Company Signals – Workshops & Battery Shop
Avionics Squadron – Electrical Shop / Instrument Shop / Systems Shop
Basic Flight Training Squadron – Hangar & IRANs in Eng Wing.
Control Tower – Due to proximity to aircraft exhaust gasses
Cookhouse – Trichloroethylene used weekly to degrease the floors
Engine Repair Flight – Engine Shop / NDT Shop / Machine Shop
Engineering Wing Hangar – Carpentry Shop / Spray Paint Shop / Hydraulic Shop / Sheet Metal Shop / Welding Shop
Fire Crew – Due to proximity to aircraft exhaust gasses
Gormanston
No 3 Support (Helicopter) Wing
Light Strike Squadron
Main Technical Stores – Built on a former Toxic Dump
Maritime Squadron
Parachute Shop
Photo Section – Affecting Main Block & Signals Workshops
Refueler Section
Training Depot
Transport & Training Squadron
Transport
VIP Terminal – Due to proximity to aircraft exhaust gasses

Delay – Deny – Die

Dáil Éireann Written Answers 5th April 2022 – Irish Air Corps surveillance of whistle-blowers

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 435

To ask the Minister for Defence the number of serving and former Air Corps whistle-blowers who have been placed under surveillance by the State Claims Agency or its agents. [18187/22]

QUESTION NO: 444

To ask the Minister for Defence the number of serving and former Air Corps whistle-blowers who have been placed under surveillance by the Defence Forces. [18185/22]

Simon Coveney (Cork South Central, Fine Gael)

I propose to take Questions Nos. 435 and 444 together.

The conduct of surveillance activities by the Defence Forces is an operational security matter carried out in line with relevant national legislation. The relevant military authorities provide regular assessments, reports and briefings to me, as Minister for Defence, to the Secretary General of the Department of Defence and to the Chief of Staff. These assessments, by their nature, are confidential.

I am informed by the State Claims Agency that they do not comment on individual claims. The Agency’s statutory mandate is to manage claims in such a manner as to ensure that the State’s liability is contained at the lowest achievable level.

https://www.oireachtas.ie/en/debates/question/2022-04-05/435/#pq_435

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DELAY – DENY – DIE – SPY

Was the Engine Shop / Avionics complex at Irish Air Corps condemned before demolition?

We revisit an old Parliamentary Question that was never fully resolved.

Personnels say ERF/Avionics was condemned and placed out of bounds, previous junior minister says no record of this.

Perhaps Simon Coveney could “ask someone”?

Written answers – Wednesday 5th July 2017- Department of Defence Properties

Lisa Chambers (Mayo, Fianna Fail)

269. To ask the Taoiseach and Minister for Defence the reason or fault for which a building (details supplied) was condemned and ordered out of bounds to all personnel; the date on which the building was condemned; the person that signed the order condemning the building; and if he will make a statement on the matter. [31724/17]

Paul Kehoe (Wexford, Fine Gael)

I have been advised by the military authorities that it is not possible to provide the information requested by the Deputy within the allocated time. However, I have requested that the information be sourced as a matter of urgency and I will reply to the Deputy as soon as it is available.

No further response

Written answers – Thursday 12th October 2017 – Department of Defence Properties

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

188. To ask the Taoiseach and Minister for Defence the reason or fault for which a building (details supplied) at Casement Aerodrome, Dublin was condemned and ordered out of bounds to all personnel; the date of condemnation; the person that signed the order condemning the building; and if he will make a statement on the matter. [43216/17]

Paul Kehoe (Wexford, Fine Gael)

I have been advised by the military authorities that the former ERF Avionics building, which was a mixed brick and prefabricated structure, was demolished in 2009 as a direct result of the completion of more permanent, bespoke designed workshops in 2007.

They have further advised that following a review of records at the relevant locations within the Defence Forces that no known documentation exists indicating that this building was ever condemned or placed out of bounds prior to being demolished.

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The ERF / Avionics complex was highly contaminated and placed out of bounds in September 2007. Air Corps engineers where also actually fearful that the building would collapse during use.

However, in 2008 rooms on the Avionics side were pressed into use as indoor training areas for the Air Corps College. These indoor training areas shared contaminated air with ERF through interlinked open attic spaces thus further exposing personnel in an unprotected manner to dangerous chemical fumes such as dichloromethane.

Also in 2008 personnel who served in ERF sought their medical files from the Defence Forces and subsequently in early 2009 the building was demolished.

DELAY – DENY – DIE

Dáil Éireann Written Answers 16/12/20 – “Not an Outdoor Gymnasium” adjacent to Spray Paint Exhaust

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 149

To ask the Taoiseach and Minister for Defence the person or body that chose the installation location of the recently installed outdoor gymnasium at Casement Aerodrome, Baldonnel, County Dublin. [43855/20]

QUESTION NO: 150

To ask the Taoiseach and Minister for Defence the way in which the Air Corps formation safety office allowed a leisure facility such as the new outdoor gymnasium at Casement Aerodrome, Baldonnel, County Dublin, to be installed 15 m to 20 m from the low level exhaust stack of the Air Corps spray paint facility; if the exhaust stack routinely emits chemicals that are carcinogenic, mutagenic or toxic to reproduction; and if he has full confidence in the current Air Corps chemicals health and safety regime. [43856/20]

QUESTION NO: 151

To ask the Taoiseach and Minister for Defence the cost of the new outdoor gym; the cost of installation; and the potential cost of relocating it to a safer alternative location at Casement Aerodrome, Baldonnel, County Dublin. [43857/20]

Simon Coveney (Cork South Central, Fine Gael)

I propose to take Questions Nos. 149 to 151, inclusive, together.

The Deputy will be aware that three protected disclosures were received in late 2015 and January 2016 in relation to the Air Corps. Legal advice was sought and an independent reviewer was appointed. The Reviewer’s independent report considered the Defence Forces health and safety regime, its current policy and its application. Although the report found that the Defence Forces regime appears to be capable of meeting statutory requirements, it makes a number of observations; including in relation to documentation, health surveillance, and exposure monitoring. It also notes that the Health and Safety Authority (HSA) is the appropriate statutory body to deal with such allegations. The report of the independent reviewer was provided to the individuals who made the protected disclosures and it was also published on the Department of Defence website.

In parallel to the independent review, following an inspection in 2016 by the HSA, the Air Corps had continued to work with the HSA to improve its health and safety regime. 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. The HSA has now closed its investigation. However, it must be noted that in the Air Corps health and safety is a matter of ongoing monitoring, supervision and adjustment.

I am advised by my military authorities that the facility referred to by the Deputy is in fact an outdoor training area as distinct from an outdoor Gym. This equipment was installed at a cost of €21,918 including the necessary site works. I am further advised that the Defence Forces do not plan to relocate the equipment elsewhere as they are not aware of any safety concerns pertaining to the current location.

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The Air Corps base at Baldonnel, Co. Dublin comprises several hundred hectares of space. That the Air Corps could install an outdoor training facility within metres of the exhaust stack of the Spray Paint Facility either shows a staggering level of confidence in the filtration capabilities of the extraction system or utter incompetence.

The outdoor training facility or “not an outdoor gym” is built on the site of the old Avionics/Engine Shop complex which was demolished when sick personnel who worked in the location started to seek their medical files. Prior to demolition the building was condemned and marked out of bounds but the minister as denied it was ever condemned in previous parliamentary questions.

Dangerous chemicals routinely emitted by the Air Corps spray paint facility include the following that are highly dangerous to human health and especially dangerous to the health of pregnant females and their unborn child as they are capable of causing genetic mutational harm leading to congenital birth defects.

- - - acetone
    - cyclohexane
    - ethylbenzene
    - heptane
    - hexamethylene diisocyanate
    - hexane
    - methyl acetate
    - methyl ethyl ketone
    - phenol
    - stoddard solvent
    - toluene
    - xylene
    - zinc chromate

For decades these very same chemicals exited this low level exhaust stack, blew across the road and into the windows of Avionics Squadron & Engine Repair Flight likely harming health and likely contributing to the untimely deaths of multiple personnel in both locations.

DELAY – DENY – DIE

First year anniversary of formally asking Cathal Berry TD for assistance seeking medical intervention for injured Irish Air Corps chemical exposure survivors? Still NO response!

10th June 2021

Still awaiting a response from Cathal Berry TD exactly a year to the day from writing to him.

Apparently he is not so #CredibleCompetentCaring after all.

10th January 2021

Dear Deputy Berry,

Exactly six months ago on the 10th of June 2020, I wrote a registered letter to you asking for your assistance obtaining medical interventions for chronically ill Irish Air Corps personnel in an effort to reduce unnecessary suffering & untimely deaths.

I am disappointed that after six months I have had absolutely no response or follow up to this letter, not even an basic acknowledgement of receipt.

As a former Defence Forces officer and as a medical doctor I hoped that you were best placed to both understand & champion in the Oireachtas the best interests of those suffering a multitude of health effects from decades of unprotected toxic chemical exposure in what HSA inspectors told me was “the worst case of chemical misuse in the history of the state”.

As I have not heard from you I can only assume that I was wrong and that you either simply do not believe there are any health problems suffered by serving & former Air Corps personnel due workplace chemical exposure, or worse still, you acknowledge personnel have been injured but have no interest in helping them.

I would be grateful if you could please reply publicly to this open letter and while doing so could please answer the following.

Do you believe Irish Air Corps survivors when they tell you that the Health & Safety Authority found serious non compliance with the Safety, Health & Welfare At Work Act 2005 in relation to basic chemical health & safety at Casement Aerodrome and that the same HSA threatened prosecution if their “advice” was not complied with?
Do you accept that the Safety, Health and Welfare At Work Acts 1989 & 2005 were enacted by the state to protect workers from injuries and if an organisation failed to implement these same Acts for decades after they were enacted then the likelihood of injury to personnel is increased?
If you do accept that the Irish Air Corps was not in compliance with the Safety, Health and Welfare At Work Acts 1989 & 2005 and if you do accept that health and safety legislation is enacted to protect workers can you please explain why you have done nothing publically to raise awareness of the Irish Air Corps chemical exposure tragedy since you were elected to Dáil Eireann almost 1 year ago and why you have not mentioned it even once in your numerous chamber utterances or press releases.

I look forward to your response, if any.

Yours sincerely,

Gavin Tobin
Spokesperson
Air Corps Chemical Abuse Survivors

Please find linked below a copy of my original letter to you and also a copy of the Health & Safety letter to the Air Corps dated October 2016 outlining urgent steps to be taken threatening legal action if they are ignored. The HSA letter was obtained under FOI.

Dáil Éireann Written Answers 01/06/21 – Irish Air Corps leads Defence Forces in WRC complaints & settlements

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 450 – 18th May 2021

To ask the Taoiseach and Minister for Defence the number of times action has been taken against the Defence Forces and brought to the Workplace Relations Commission; the number of cases his Department has won, lost or settled out of court; the number that are ongoing by service that is Army, Naval Service and Air Corps in tabular form; the breakdown of the awards paid and settlements; and the legal costs of defending these actions. [26471/21]

Simon Coveney (Cork South Central, Fine Gael)

The Workplace Relations Commission (WRC) was established on 1st October 2015. Since that date twenty-eight (28) complaints have been made against the Defence Forces, with the Minister for Defence listed as the Respondent in all such cases.

Complaints made may originate from either Defence Forces personnel or civilians (“Others” in the table below). The Chief State Solicitor’s Office is responsible for the State’s legal representation for complaints lodged with the WRC where I am the named Respondent in my capacity as Minister for Defence, and any costs arising from such representation.

A breakdown of these complaints is as follows:

Defence Forces WRC Complaints (Overview)

Total Complaints Lodged	Complaints Won - not upheld	Complaints Lost-upheld	Complaints Settled or Withdrawn	Awards / Settlements*	Ongoing Complaints
28	5	1	13	€162,116.11	9

* Settlements containing confidentiality clauses are not included.

The origin of each of the nine ongoing complaints is as follows:

Defence Forces WRC Complaints (Ongoing)

Army	Air Corps	Naval Service	Other
3	3	1	2

*****

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 370 – 1st June 2021

To ask the Taoiseach and Minister for Defence further to Parliamentary Question No. 450 of 18 May 2021, if he will provide a further breakdown in origin for the outstanding Defence Forces Workplace Relations Commission complaints; if he will provide a complete breakdown of the 28 WRC complaints by origin per service, that is, Army, Naval Service and Air Corps in tabular form; and if he will provide a breakdown and further details regarding the other category. [29475/21]

Simon Coveney (Cork South Central, Fine Gael)

A complete breakdown of the 28 WRC complaints received by my Department, by origin per service in the Permanent Defence Force (PDF) is as follows:

Defence forces WRC complaints (Full)

Type of Complaint	Army	Naval Service	Air Corps	Other
Won - not upheld*	0	1	3	2
Lost - upheld	0	0	1	0
Settled or Withdrawn**	1	1	10	0
Ongoing	3	1	3	2
Totals	4	3	17	4

* The correct number of Complaints Won (not upheld) should have read 6 in PQ 26471

** The correct figure for Complaints Settled or Withdrawn should have read 12 in PQ 26471

The category titled “Other” in the table above refers to complaints made to the Workplace Relations Commission by non-PDF members, including members of the Reserve Defence Force and the general public regarding issues concerning the Defence Forces.

*****

DELAY – DENY – DIE

An open letter to Deputy Cathal Berry TD asking why he did not respond to requests for assistance seeking medical help for injured Irish Air Corps chemical exposure survivors?

10th January 2021

Dear Deputy Berry,

I am disappointed that after six months I have had absolutely no response or follow up to this letter, not even an basic acknowledgement of receipt.

I would be grateful if you could please reply publicly to this open letter and while doing so could please answer the following.

Do you believe Irish Air Corps survivors when they tell you that the Health & Safety Authority found serious non compliance with the Safety, Health & Welfare At Work Act 2005 in relation to basic chemical health & safety at Casement Aerodrome and that the same HSA threatened prosecution if their “advice” was not complied with?
Do you accept that the Safety, Health and Welfare At Work Acts 1989 & 2005 were enacted by the state to protect workers from injuries and if an organisation failed to implement these same Acts for decades after they were enacted then the likelihood of injury to personnel is increased?
If you do accept that the Irish Air Corps was not in compliance with the Safety, Health and Welfare At Work Acts 1989 & 2005 and if you do accept that health and safety legislation is enacted to protect workers can you please explain why you have done nothing publically to raise awareness of the Irish Air Corps chemical exposure tragedy since you were elected to Dáil Eireann almost 1 year ago and why you have not mentioned it even once in your numerous chamber utterances or press releases.

I look forward to your response, if any.

Yours sincerely,

Gavin Tobin
Spokesperson
Air Corps Chemical Abuse Survivors

Dáil Éireann Written Answers 08/12/20 – How many Whistle-blowers is the Irish Air Corps currently trying to sack using medical boards?

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 313

To ask the Minister for Defence the number of whistle-blowers the Defence Forces is currently attempting to dismiss using medical boarding procedures; and if he will make a statement on the matter.
[41233/20]

Simon Coveney (Cork South Central, Fine Gael)

The term “whistle-blower” is often used to describe a person who discloses relevant information in relation to relevant wrongdoings, as set out in the Protected Disclosures Act 2014. A person whose information satisfies the criteria set out in the Act also has the benefit of the protections set out in the Act such as protection of identity and protection against penalisation.

Subject to exceptions, a person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made.

The making of a protected disclosure does not necessarily prevent the conduct of any other statutory procedure. Any member of the Defence Forces who feels that s/he has been penalised or threatened with penalisation for making a protected disclosure has the right to make a complaint to the Ombudsman for the Defence Forces.

*****

The Irish Air Corps routinely use the Medical Boarding process as a HR tool to dismiss those they perceive as “troublemakers”.

It is interesting to note that Minister Simon Coveney does not use this opportunity to deny that whistle-blowers’ are sacked from the Air Corps using the medical boarding process.

DELAY – DENY – DIE

Dáil Éireann Written Answers 09/12/20 – Why is death in service rate of (smaller) Irish Air Corps higher than (larger) Naval Service

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 94

To ask the Minister for Defence the reason the rate of death in service of Air Corps personnel over the past 20 years is approximately twice the rate of death of that of Naval Service personnel when the figures are adjusted for service strength; if he and or his predecessors have ever commissioned an analysis of Defence Force personnel death rates and causes of death while in a post service; and if he will make a statement on the matter. [42242/20]

Simon Coveney (Cork South Central, Fine Gael)

The total deaths in service for the Army, Air Corps and Naval Service for the past 20 years as of 31 October is 204, 21 and 16 respectively.

The Deputy will be aware that there is ongoing litigation in relation to allegations regarding the use of certain chemicals in the Air Corps. As the matter is subject to litigation, it would be inappropriate to comment on any speculation which may impact on such litigation.

*****

Catherine Murphy (Kildare North, Social Democrats)

QUESTION NO: 95

To ask the Minister for Defence the breakdown of Air Corps personnel deaths by categories of non-accidental death and accidental death while in service for the past 20 years to date. [42243/20]

Simon Coveney (Cork South Central, Fine Gael)

The total deaths in service for the Air Corps since 2000 as of 30 November 2020 is 21.

The Military Authorities have advised that six of those deaths relate to accidents, four of which occurred while the personnel in question were on duty. Fifteen deaths were non-accident related.

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DELAY – DENY – DIE

Dáil Éireann Written Answers 24/11/20 – No plans to offer medical cards to retired Defence Forces personnel

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

QUESTION NO: 897

To ask the Minister for Health his plans to carry out a full health audit of former members of all branches of the Defence Forces with a view to extending a full medical card to all retired Defence Forces members. [38583/20]

Stephen Donnelly (Wicklow, Fianna Fail)

Under the provisions of the Health Act 1970 (as amended), eligibility for health services in Ireland is based primarily on residency and means. The Act provides that persons who are unable, without undue hardship, to arrange GP services for themselves and dependents can qualify for full eligibility (a medical card). The HSE awards medical cards in accordance with the Health Act and assesses applicants on the overall financial situation of the applicant and his or her spouse or dependent.

Every effort is made by the HSE, within the framework of the legislation, to support applicants in applying for a medical card and, in particular, to take full account of any difficult circumstances in the case of applicants who may be in excess of the income guidelines. Social and medical issues are also considered when determining whether undue hardship exists for an individual accessing general practitioner or other medical services and to that end, the HSE may exercise discretion and grant a medical card where an applicant exceeds his or her income threshold. Currently, more than 32% of the population hold eligibility for a medical card.

All persons who are ordinarily resident in the state can apply to the HSE to be determined whether eligible for a medical card.

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