Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

First, I would like to acknowledge the presence of the person in question in the Visitors Gallery and his service in the Army. He was a member of the Irish Defence Forces for a period of 12 years and I acknowledge the service he gave to the State over those 12 years. He was discharged in June 1989 at his own request. Defence Forces Regulation A10 requires that, when an individual is being discharged from the Defence Forces, a medical examination should be carried out by a medical officer of the Medical Corps.

Situations arise where military medical officers are not available. Paragraph 1306 of "A" Administrative Instruction Part 12, in catering for such situations, provides that "medical examination of personnel of the Permanent Defence Force should as far as possible be carried out by a Medical Officer of the Medical Corps and not by a civilian Medical Practitioner". I am advised that due to the unavailability of a serving medical officer at the time, the former member's discharge medical examination was carried out by a civilian medical practitioner in March 1989. The fact that the discharge medical was conducted by a civilian doctor is not unique as civilian doctors may be used from time to time as circumstances dictate. Notwithstanding the fact that he was examined by a civilian medical practitioner, I am advised that his discharge at his own request remains valid and is in accordance with regulations. His discharge documents were issued to him at that time and he has not been subject to military law since then.

A record of the discharge medical examination taking place is contained in the former member's army medical book - LA30 filed on his central medical file. The medical book shows that at the time of his discharge the former member had a medical grade of A1. The medical examination report, AF332, which would have been completed by the doctor during the examination is not on file and cannot be located. This matter has been pursued by the person in question over a number of years. In this regard, a review was undertaken by the military authorities in 2012 on foot of representations received on the matter. A further search of military archives was undertaken, but the missing documentation could not be located. The civilian doctor passed away in 1994, therefore the matter cannot be clarified from that source.

I understand that the former member has suffered a hearing loss disability and contends that he is unable to obtain a disability pension due to an inadequate medical assessment prior to his discharge. In this regard, I am advised by Department officials that an application for a disability pension is not dependent on the result of a medical examination prior to discharge. Under the Army Pensions Acts, a wound, or disability, pension may be granted to a former member of the Permanent Defence Force in respect of permanent disablement due to a wound or injury attributable to military service. Noise-induced hearing loss comes within the scope of this provision. Under the Acts, application for a wound pension must be made to my Department within one year of discharge from the Permanent Defence Force. The person in question was discharged from the Permanent Defence Force in June 1989 and made his first enquiry regarding a pension in respect of disablement in February 1997. As this was outside the statutory time limit, it was not open to the Department to accept an application for a wound pension from him. All personnel on their discharge or retirement from the Permanent Defence Forces are provided with information setting out their possible entitlements under the Army Pension Acts and the statutory time limits for the making of applications.

With regard to the pre discharge medical examination findings it is also noteworthy that assessment standards have changed over the years. The military authorities have advised that in 1989, the prescribed regulatory method of assessing "keenness of hearing" was by whisper or voice test only. Audioscopy standards were not introduced until 1991 and audiometry standards until 1997.

I am advised that the former member has been compensated for his hearing loss disability. He received compensation from the Department in settlement of a civil action in respect of loss of hearing in 1999.

The Department remains satisfied that there was no breach of Defence Force regulations at the time of the former member's discharge in 1989. It is now some 26 years since the former member's discharge and a further review of the discharge procedures would not clarify matters further.