Oireachtas Joint and Select Committees

Thursday, 26 January 2017

Public Accounts Committee

2015 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 35 – Army Pensions
Vote 36 - Department of Defence
Chapter 8 – Disposal of the Government Jet

9:00 am

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail) | Oireachtas source

That is an inadequate answer. I accept that during the course of the year, you can have one, two, ten or 20 complicated cases but we are talking about over 200 here. The pattern is that we are looking at nearly 300 cases during the year. It is not a question of some individual cases being more complicated. There is a clear pattern of legal costs being higher when the Department is dealing with members of the Defence Forces. Does the Department contest these cases more? It brings me to the issue of Baldonnel. A whistleblower produced a report in 2015 regarding the difficulties members of the Defence Forces had in respect of dealing with hazardous waste and chemicals out there. Mr. Quinn is aware that the Department is responsible and that according to the Health and Safety Authority, the Defence Forces did not have proper health monitoring for its members and did not provide proper personal protection equipment and adequate staff training. The Health and Safety Authority had to visit Baldonnel three times last year and issued a report in 2016. Can Mr. Quinn give us a copy of that report? I know six of these cases are before the courts. In light of all that, is Mr. Quinn telling me that the Department is going contest liability? Surely it should be saying "hands up, let's settle this and let's get rid of the 83% top-up cost for the legal profession for wheeling the thing in and out court?" In how many of these cases does the Department accept liability and avoid the avoidable and unnecessary costs that the State Claims Agency incurs on the Department's behalf? Many of these costs could be obviated if the Department put its hands up and accepted liability where it is the appropriate thing to do. Can Mr. Quinn comment on that? The Health and Safety Authority is telling the Department this.

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