Declan Breathnach (Louth, Fianna Fail)
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I remind Deputies Lisa Chambers, Mick Barry and Ó Snodaigh that they have one minute each to make an initial statement and the Minister of State, Deputy Kehoe, has four minutes to reply. Then they each will get a one-minute supplementary.

Lisa Chambers (Mayo, Fianna Fail)
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I thought it was two minutes each to make a submission. That is cutting us short by a minute overall.

Declan Breathnach (Louth, Fianna Fail)
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We are on the last issue. I will try and be as lenient as possible.

Lisa Chambers (Mayo, Fianna Fail)
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We will fire ahead.

Worrying reports have emerged of serious and ongoing health and safety concerns at Casement Aerodrome, Baldonnel. There are reports of severely negligent practices concerning the handling of hazardous materials and there are a number of issues that we must address in this matter.

We have three whistleblowers who wrote to the Taoiseach and the then Minister for Defence, the Minister for Housing, Planning, Community and Local Government, Deputy, Deputy Coveney, between November 2015 and January 2016 to warn them about the conditions at the Air Corps headquarters in Casement Aerodrome, Baldonnel, relating to health and safety of soldiers and their handling of hazardous chemicals. The whistleblowers identified serious breaches in health and safety at the base, no provision of occupational health surveillance, lack of personal protective equipment and a lack of training on how to handle dangerous chemicals. One whistleblower is quoted as saying, "What has happened in the past and what is still happening regarding chemical health and safety in the Irish Army Air Corps is a grave scandal which I believe has seriously injured the health of a number of personnel."

If one goes back to 2013, the Air Corp safety management system carried out a safety review at the base and made certain recommendations. We have heard nothing since on that review, what recommendations were made and what implementation was carried out.

PDFORRA, the representative association for enlisted personnel, wrote to the Defence Forces separately in November 2015 outlining similar concerns at the base and stating that if the HSA was to inspect the base, the report would likely be damning. The HSA inspected the base in 2016. It made a number of recommendations which, it stated, required action.

It is my understanding that a former civil servant was appointed by the Department in September last to review the whistleblowers' claims but that the person has not contacted the whistleblowers themselves. My questions to the Minister of State are as follows. Has he made contact with the whistleblowers? If not, why? Have the Defence Forces implemented the HSA report and has it implemented the Air Corps safety management system report?

Declan Breathnach (Louth, Fianna Fail)
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Deputy Lisa Chambers will get back in.

Lisa Chambers (Mayo, Fianna Fail)
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If that has not been done, what has been done in this regard?

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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The issue here is serious concerns regarding health and safety at the repair and maintenance workshops at the Air Corps headquarters at Casement Aerodrome in Baldonnel.

One of the issues here is the breaking of the law. The law states that there must be occupational health surveillance in a circumstance such as this where one is dealing with dangerous chemicals. That is according to the Safety, Health and Welfare at Work Act 2005, which replaced an old piece of legislation dating back to 1989. There is mandatory screening required under that law.

The Department - the Minister of State, Deputy Kehoe, is a Minister responsible - and the Taoiseach are responsible here. The former American President, the late Harry Truman, had a sign on his desk stating, "The buck stops here." The buck stops with the Minister of State, Deputy Kehoe, and the Taoiseach. The Taoiseach is head of the Government and head of the Department, in which Deputy Kehoe is a Minister. What says the Minister of State to the facts that the law has been flouted here?

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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The outline of the cases being taken are scary, if they are upheld. We will not go into the detail of those cases.

My concern here is to ensure that Deputy Kehoe, as Minister of State, the senior Minister, the Taoiseach, and also the military authorities act immediately when first made aware of a health and safety issue and the unwarranted exposure to chemicals of Air Corps personnel, and especially since the damaging report of the HSA in October last.

Can the Minister of State assure the House that the 13 recommendations of the Health and Safety Authority have been completed, or when will they be completed? Can he assure us that there will be no more unwarranted exposure to both carcinogenic and mutagenic chemicals? Furthermore, can the Minister of State assure us that the Air Corps personnel now have the basic protection equipment required in handling such chemicals - gloves, eye protection and respirators?

It has been going on for years. Obviously, the Minister of State cannot undo the past. He can accept the responsibility for his remit. The military authorities should accept the responsibility for the years in which they are aware of this. Can the Minister of State let us know how long are the military authorities aware of an issue to do with the handling of chemicals in Baldonnel Aerodrome?

Paul Kehoe (Wexford, Fine Gael)
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Let me assure the Deputies that, as Minister of State with responsibility for Defence, the health and welfare of the men and women of the Defence Forces are a high priority for me and the Defence Forces.

The State Claims Agency is currently managing six claims taken by former and current members of the Air Corps for personal injuries alleging exposure to chemical and toxic substances whilst working in the Air Corps in the period 1991 to 2006. As litigation is ongoing, the Deputies will appreciate that I am limited in what I can discuss.

It is the policy of the Defence Forces to manage health and safety risks to all of its members proactively. This is done in line with national health and safety regulations. The Defence Forces risk management system is designed to an internationally recognised standard. The Defence Forces are committed to continuous risk mitigation and encourage inputs from personnel at all levels to ensure the work environment is as safe as possible. Areas where members of the Defence Forces are handling toxic materials in the context of their work are subject to stringent risk mitigation and continuous review by health and safety practitioners.

6 o’clock

I am informed that during 2016 the Health and Safety Authority, HSA, conducted inspections at the Air Corps premises at Casement Aerodrome, Baldonnel, on three occasions - 4 February, 5 April and 28 September. During these visits the Air Corps outlined the most recent developments regarding its health and safety practice and procedures, which were being developed in consultation with risk management experts. I understand that the HSA met with Air Corps personnel, safety representatives and other employees and observed some workplaces and work practices. On 21 October 2016, the HSA issued its report of inspection to the Air Corps. This report listed a number of advisory items for follow-up. They included the areas of risk assessment, health surveillance, monitoring of employees' actual exposure to particular hazardous substances and the provision and use of personal protective equipment. The Air Corps was very appreciative of the advice and support of the HSA.

On 20 December, the Air Corps wrote to the HSA outlining its proposed improvement plan and indicating that the Air Corps is fully committed to implementing the improved safety measures that protect workers from potential exposures to chemicals and will ensure risks are as low as reasonably practicable. The Air Corps has confirmed that it is implementing an improvement plan which is being conducted over eight phases. The first phase commenced in September 2016 with planned phased completion dates to December 2017. I am advised that seven out of the eight phases are planned to be completed by May 2017. The eight-phase implementation plan is focused on a number of areas, for example, activity-based risk assessments. Additional risk assessment of particular chemicals, policy review and health surveillance and biological monitoring also will be considered.

I will now outline the actions I have taken to date regarding protected disclosures relating to the Air Corps, which were received in November and December 2015 and January 2016. The Deputies will appreciate that in so doing, I must have regard to the fact that there is ongoing litigation relating to certain disclosures. I must also have regard to the obligation in the Act to protect the identity of those making such disclosures. I assure the Deputies that I take disclosures very seriously and the actions I have taken will illustrate this.

Legal advice was sought on how best to progress certain disclosures, as elements related to matters that are the subject of ongoing litigation. The Department was also aware that the HSA had visited the Air Corps with regard to the use and management of chemicals. It was decided that an external reviewer should be appointed. With some difficulty, an individual was sourced and I appointed him in July 2016 to carry out a review of the disclosures. However, in the event, he ultimately was not in a position to carry out the review. In September 2016, I appointed an alternative independent third party to review the allegations made in the outstanding disclosures, and those making the disclosures were informed of this fact. I believe that in this instance, it is important that I get a clear and independent view of the issues raised by those who have made these disclosures.

Declan Breathnach (Louth, Fianna Fail)
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The Minister must conclude.

Paul Kehoe (Wexford, Fine Gael)
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Can I ask the permission of the House to continue to the conclusion? It is very important.

Declan Breathnach (Louth, Fianna Fail)
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Do the Members agree to let the Minister of State conclude?

Lisa Chambers (Mayo, Fianna Fail)
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We will take the same leniency too.

Declan Breathnach (Louth, Fianna Fail)
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I have a little latitude. The Minister may continue.

Paul Kehoe (Wexford, Fine Gael)
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In late November 2016, the interim recommendations and observations from the independent third party were submitted to me and, in December, I asked that these be passed to the military authorities for immediate action and response. On 7 January 2017, the Department received a response from the military authorities outlining the actions under way and this has been forwarded to the independent reviewer for consideration. The reviewer will consider this material and determine the next steps required to finalise his review.

I will ensure that all recommendations, whether arising from the work of the HSA or the ongoing protected disclosures review, will be acted upon to ensure the safety of the men and women of the Air Corps.

Lisa Chambers (Mayo, Fianna Fail)
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We have received quite worrying reports of practices and, to use one of the terms mentioned, "practical jokes". Something known as "tubbing" was reported, for example, which is where new recruits were tossed into baths full of unknown chemicals as a joke and an initiation process. There is a culture in that regard. There is a lack of appreciation of the ongoing dangers associated with these chemicals. Also worrying is the fact that many people are reporting now that they presented with symptoms and health issues to medical doctors but were not given the assistance or help they needed. The connection was not made, or perhaps they did not wish to make it, between their work with the hazardous materials and chemicals and the health issues they faced. Some of them continue to experience severe health problems. This speaks to the wider issue of adequately resourcing essential capabilities in the Defence Forces and resources in the Air Corps.

The Minister of State did not answer the questions. Has he or the Department contacted the whistleblowers? Has the independent third party contacted the whistleblowers? The Minister of State also did not answer my question about the safety management system review that was conducted in 2013. Were the recommendations made in that review implemented? The Minister of State referred to the six cases pending before the courts. I appreciate that he cannot discuss the individual cases or their merits, but I must strongly point out that the State should only be defending cases where it believes it does not have a case to answer. If the State has committed a wrong, it should compensate the victims properly. The Minister of State should not put people through the trauma of a court process where they have a genuine claim. Every effort should be made to settle such cases out of court with the individuals involved. The only people served by defending the indefensible are the lawyers.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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The Minister of State said he takes disclosures very seriously. Why is it that more than a year after the complaints were made by the whistleblowers, direct contact has not been made with them regarding the issues they raised with the Minister? The Minister of State said that on 20 December, the Air Corps wrote to the HSA outlining its proposed improvement plan and indicating that it is fully committed to implementing improved safety measures. It is more than a month since then. Are protective gloves in use now and is there protection for the workers' eyes? Are respirators fully available? Last, but not least, many observers of this case would say there has been a certain high-handedness about it, particularly as regards health and safety and in view of the delays that have occurred. Will the Minister of State comment on that charge of high-handedness? It appears to be not untypical of the way rank and file men and women in the Defence Forces are treated over a range of issues at present.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Military discipline dictates different dynamics, so the officers and the military authorities have a greater responsibility for the protection of the health and safety of those under their command. It is interesting that the whistleblowers first came forward in November and December 2015. That suggests these issues were raised internally before that, which is the reason I asked when the military authorities were first made aware of the concerns of those who were handling carcinogenic chemicals. Does the Minister of State accept that a risk assessment should have been carried out immediately when this issue was first raised in November 2015 or before that? The work that is now starting should have started when the military authorities were aware of the Health and Safety Authority arriving to the aerodrome in February, or perhaps even in April or September. Instead of waiting until October when the report was produced, most of this work could have been half done or completed at this stage if they had acted.

Furthermore, is the Minister of State aware if other branches of the Defence Forces are now acting to consider risk assessments in respect of both chemicals and other dangerous equipment being handled by soldiers or Naval Service personnel to ensure there are no other areas in the Defence Forces which would raise similar health and safety concerns?

Paul Kehoe (Wexford, Fine Gael)
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When Deputy Lisa Chambers mentioned people being put into baths, I presume she was referring to bullying.

Lisa Chambers (Mayo, Fianna Fail)
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Not exactly. It was more just a lack of regard for the seriousness-----

Paul Kehoe (Wexford, Fine Gael)
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For a number of years, the Defence Forces have worked assiduously to counteract any bullying that may happen. There must be some reason why the Deputy said a person was put into a bath. I am only reading what was in the media.

Lisa Chambers (Mayo, Fianna Fail)
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No, the point I am making is about the lack of knowledge and training about the seriousness of the dangers of the chemicals.

Declan Breathnach (Louth, Fianna Fail)
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No interjections. The Minister of State is making a statement. I have been more than lenient.

Paul Kehoe (Wexford, Fine Gael)
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My office has written to the people who made these complaints and I have informed them of the process I have begun and of the fact that we have appointed an independent person. From the time these complaints were made in late 2015, the HSA has come to the Air Corps on 4 February, 5 April and 28 September and has made a number of recommendations on which the Air Corps is acting. Through my Department's Secretary General, I have asked that whatever recommendations have been made be carried out. Although it will take time for all the recommendations to be carried out, the Air Corps has informed me that all the HSA's recommendations will be in place by December of this year. I would say that 95% to 99% of them will be implemented by May. I have asked that all members be issued with whatever gloves and respiratory equipment they need to ensure this does not happen again. The health and welfare of all members of Óglaigh na hÉireann is a priority for me.

Declan Breathnach (Louth, Fianna Fail)
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I asked the Minister of State to conclude within two minutes. I have already allowed six minutes extra time. I am setting a precedent. I allowed latitude because of the length of the Minister of State's statement.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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A question was asked that not answered.

Declan Breathnach (Louth, Fianna Fail)
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That is a matter for the Deputy to raise with the Minister of State.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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May I raise it now?

Declan Breathnach (Louth, Fianna Fail)
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Absolutely not.

Mick Barry (Cork North Central, Anti-Austerity Alliance)
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Are gloves, fire protection equipment and respirators in place?

Declan Breathnach (Louth, Fianna Fail)
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I sympathise. The Deputy is taking liberties with the Chair.