Dáil debates

Wednesday, 24 January 2018

11:45 am

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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11. To ask the Taoiseach and Minister for Defence the further action he plans to take in respect of Air Corps whistleblowers. [3455/18]

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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Once again I am asking about the Air Corps whistleblowers scandal. I want to know what plans the Minister of State has to deal with that issue this year.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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As the Deputy is no doubt aware, section 16 of the Protected Disclosures Act 2014 sets out confidentiality requirements regarding the protection of the identity of a discloser. Therefore it is not possible for me to go into detail in respect of any actions being taken on foot of an individual disclosure so as to ensure that such individuals confidentiality is not breached.

However, as I have previously outlined to the Deputy and the House, the health and welfare of the men and women of Óglaigh na hÉireann are a priority for me and my Department and I am fully committed to compliance with the requirements of the Protected Disclosures Act 2014 and to the protections it contains. To this end, I want to ensure that those making protected disclosures are reassured that where such disclosures are made in accordance with the legislation, they are and will continue to be dealt with in a thorough and fair manner. I have made it clear to my Department and the Defence Forces that the protections for which the Act provides must be afforded to those who make qualifying disclosures under it.

A single civil-military protected disclosures office has been established in my Department, in which all protected disclosures are initially assessed. The office is also preparing updated guidance for issue to all staff, both civil and military, on protected disclosures. This office is something that I looked for to give the full and thorough review of all protected disclosures that come in and the recipients. Together, the single office and updated guidance should ensure a uniform approach to protected disclosures across the defence organisation.

I am assured by the Chief of Staff that the military authorities are fully aware of the protections afforded to its members under the Protected Disclosures Act 2014. In order to ensure compliance with this legislation, the Defence Forces have implemented general routine order 07/2015. This document sets out the policy, procedures and protections afforded to serving personnel on making a protected disclosure. The document was signed on 21 August 2015.

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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The Minister of State seems somehow to be suggesting that his inaction is to serve the interests of those affected. It is a little bit like Groundhog Day with this issue. We continue to ask the questions and we continue to get the same stock response. This issue was the subject of many parliamentary questions last year. It is not going to go away. It will be the subject of many parliamentary questions again this year until we start to see action.

Claims of a deliberate cover-up, victimisation of whistleblowers, a half-hearted attitude towards health and safety in the Air Corps. It is 2018 and we need an inquiry into whether technicians in the Air Corps developed cancer, neurological disorders and other chronic conditions as a result of exposure to toxic chemicals during their employment. We know from listening to the many accounts from those who are still alive and with us today that the difficulties they are facing in terms of their health and well-being cannot be put down to coincidence. Six legal actions are currently in train and my understanding is that two of those individuals have been diagnosed with cancer. In three cases, former Air Corps workers have been told they are suffering from organic encephalopathy, brain disorders due to chronic high-dose exposure to organic solvents. It is no coincidence; this is directly related to their employment.

This is not the first time I have raised this but I will continue to do so. We need a medical review of all those potentially affected to assess whether their conditions and health issues are directly related to their employment by the State. We must then put together a health care package for the individuals concerned. Will the Minister of State commit to doing that this year?

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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There is absolutely no cover-up whatsoever. The Deputy's question was very broad. She did not actually ask on a specific case. Now that she has raised a more specific matter, I take it that she is referring to the protected disclosure that was made in late 2015 and the two that were made in 2016. Earlier, in reply to Deputy Ó Snodaigh, I outlined the process I went through - the independent review. All of the personnel who made the protected disclosures got a copy of the review. They have replied to me with their own views. I have asked for a number of options.

12 o’clock

I now have a suite of options that I will consider over the next period, for the next steps I will take. I have taken this issue very seriously. I have met with the people who made the protected disclosures and I have listened to them and their concerns. I have taken their comments on board and upon receiving the review I will inform the House shortly of my next steps.

11:55 am

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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The Minister of State is well aware of the disclosures we are discussing because they have been discussed in the House several times. The Minister of State referred to the review. He appointed Mr. Christopher O'Toole to conduct an independent review. That report was farcical, not because of Mr. O'Toole's work, but in the terms of reference he specifically stated that he did not have the expertise to carry out the tasks set for him by the Minister of State. That review is pretty much useless. There is nothing preventing the Minister of State from conducting a medical review of those people who are potentially affected. There is nothing in the disclosures legislation to prevent the Minister of State from doing that.

With regard to a cover up, the Minister of State has still not explained or taken any action to deal with the reports from 1995 and 1997, from the now dissolved public body Forbairt, which identified risks around air quality in the workplace. Those reports went missing. We believe they have been shredded; we do not know where they have gone. The reports are not in the Department of Defence and the Defence Forces do not have them. The Minister of State has taken no action to uncover why those reports went missing. Given that they were conducted a couple of years apart they could not have been housed together. On a cover up, the Minister of State can understand why people are sceptical about where and why the reports have gone missing, especially considering the sensitive nature of the content within the reports that the Minister of State and I have had sight of because somebody had the foresight to hold on to a copy.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I have outlined to the House the actions I have taken on the accusations that were placed around the Forbairt report. I will come back to the House to outline the next steps to be taken on this issue. I take this matter extremely seriously and as I said earlier I have met with the personnel who have made the protected disclosures. I have appointed the independent reviewer and I will shortly outline to the House the next steps that I will take on the issue.

Written Answers are published on the Oireachtas website.