Dáil debates

Tuesday, 11 July 2017

Ceisteanna - Questions (Resumed) - Priority Questions

Defence Forces Personnel

4:30 pm

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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28. To ask the Taoiseach and Minister for Defence when he received the report reviewing claims made by Air Corps whistleblowers; when it will be published; and if he will make a statement on the matter. [32775/17]

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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My question is in respect of the Air Corps and the ongoing health and safety issues in that organisation which span a number of years. When did the Minister of State receive the report reviewing claims made by Air Corps whistleblowers? When will it be published? Will the Minister of State make a statement on the matter?

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I thank the Deputy for the question and extend my apologies for being late. The report of the independent third party I appointed to carry out a review into alleged failings of the Air Corps in the area of health and safety with regard to the use of toxic chemicals, was received by my Department on Friday, 16 June 2017 and submitted to me on Monday, 19 June 2017.

As the Deputy will be aware, the allegations are also the subject of ongoing litigation and I have therefore sought legal advice in respect of the report. The Deputy will also be aware of the obligations to protect the identity of those who made disclosures and this will also have to be considered. When the legal advice is to hand, I will determine the next steps to be taken, including the issue of possible publication.

The individuals who made the disclosures were notified by my office that the report had been received and I have indicated to them that once I have legal advice and have determined the next steps I will be in contact with them again.

I am committed to ensuring that recommendations contained in the report will be acted upon swiftly to ensure the safety of the men and women of the Air Corps. To that end, I have also sent the report to the Chief of Staff for his observations and response which I expect to have before the close of business this week.

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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Do I take it that there is a possibility that the report will not be published? If so, that is highly inappropriate and totally unacceptable to the House. When does the Minister of State expect to have this legal advice? When does he expect to decide what to do next? When will we know what is happening? The Minister of State says that he will fully implement the recommendations. Will we even have sight of them? How will we know they are being implemented?

There were reports recently that one of the whistleblowers is facing dismissal from the Defence Forces next month due to an industrial dispute. It is reported that the man, who made protected disclosures about health and safety management of hazardous chemicals at Casement Aerodrome, Baldonnel, has been summonsed to appear before a Defence Forces medical board in August. A brief report issued prior to the board meeting has accused the member of chronic ineffectivity due to anxiety and a work-related industrial dispute. The Protected Disclosures Act 2014 is supposed to protect people who make disclosures. Has the Minister of State met this whistleblower to discuss his concerns? Did he inform the Minister of State that an Air Corps official ordered the shredding of health and safety inspection reports dating back to the 1990s? If so, I assume he is not the first person to make such an allegation. What does the Minister of State propose to do in respect of those reports, which cannot now be found?

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Regarding the people who made the protected disclosures, I have met two of the individuals. One was unavailable to meet at the time. The conversations which I had with both persons will remain private and confidential. That is only fair. I have asked the Chief of Staff to investigate those reports which the Deputy spoke about and on which I have received correspondence. Regarding the individual in the Defence Forces and the dismissal, I only became aware of this recently. I do not want to specify an exact date. I have asked for a report on that issue. Regarding the legal advice sought, I will not put any pressure on those from whom I have sought legal advice in respect of the report but I have asked them to prioritise it and I expect to receive it shortly. Regarding the publication of the report, as soon as I have the legal advice and the response from the Chief of Staff I will make a judgment. After that I will proceed to the next stage and consider the publication of the report.

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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There is much mention of reports but there are missing reports which have not been accounted for in highly suspicious circumstances. There is no review report from the Minister of State in terms of the whistleblower allegations. We do not know what the recommendations will be and we have had no health review of those affected. We have had very little progress since we first raised this issue in the Chamber with the Minister of State. The progress is extremely slow and very unfair to those affected.

Last month I met six former members of the Air Corps. I am sure the Minister of State has met at least some of that group. All were in their 40s, apart from one who was in his 50s. They are suffering from huge health problems they all believe stem from their exposure to chemicals in the Air Corps. All have had colonoscopies, in some cases more than one. A has had rectal cancer, neurological neuropathy and chronic obstructive pulmonary disease, COPD, despite having never smoked. B has Hodgkin's disease and COPD. He has had five emergency surgeries. He has lost his house, his marriage has broken up and he lives in constant pain. C has suffered huge health issues including two heart attacks. He once was once found face-down on the floor. Thankfully his wife was a first responder. D has experienced nausea, anxiety, diabetes, autoimmune conditions and so on. E was doused in chemicals as a prank and as a direct result of that has ongoing health issues.

These are individuals I have met in person. This cannot be a coincidence. We need an immediate health review of all persons possibly affected. The State needs to step up. If we have done wrong and if, as an employer, our inadequacy in health and safety has resulted in serious problems for people we need to step up and ensure their health cover is paid for and they are properly compensated.

It is the right thing to do.

4:40 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Some of these cases are under litigation. I will leave that at that. The Deputy is being unfair in making the accusation that nothing has been done here. On numerous occasions in reply to written and oral parliamentary questions and in Topical Issue debates, I have given her the full detail of the Health and Safety Authority, HSA, report that has been carried out, the number of visits the HSA has made to the Air Corps, the number of recommendations it has made, the way we are dealing with the recommendations and a timeline for everything. I have outlined that to her. It is unfair and unjust for her to make an accusation to me-----

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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The HSA's words are not the Minister of State's own words.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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-----that the HSA-----

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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We have no report from the Minister of State-----

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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The Minister to conclude, without interruption.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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It is unfair of the Deputy to make an accusation that-----

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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-----and no action for those who are suffering.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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-----there has been no action on this. She is-----

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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Those affected have had no action.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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It reminds me of some-----

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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Outline the-----

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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Please-----

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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She is telling untruths. It is beneath her to do that.