Vol. 539 No. 2
17 Mr. Gilmore asked the Minister for Finance the number of court awards and out of court settlements made in regard to claims by employees in the Leinster House complex as a result of exposure to asbestos dust; the total amount paid to date; the number of such claims pending; if all asbestos has now been removed from the Leinster House complex; and if he will make a statement on the matter. [19052/01]
To date there have been two court awards and two out of court settlements, totalling £179,260 in all, made in respect of claims by employees of the Office of Public Works in the Leinster House complex as a result of alleged exposure to asbestos. There are a further 22 claims pending.
The Office of Public Works has completed an asbestos survey of all visible and accessible areas of Leinster House. Any asbestos identified during the survey, with the exception of some external roof tiles, has been removed by specialist contractors commissioned for the work. The tiles to which I refer will be replaced as soon as possible. They pose no significant health risk at present.
This matter came to my attention by way of a press report of a court hearing during the course of which the presiding judge made some comments which were disquieting to say the least. The judge in question said he found it extraordinary that the Office of Public Works had been aware for a long period that there was an asbestos problem in Leinster House. Is the Minister of State in a position to confirm whether the judge's assertion is accurate? Do I understand from his initial reply that the Office of Public Works and the State are continuing to deny liability in respect of the outstanding cases?
I do not want to delve into the detail of the case in question. However, I am aware of what was said and I was somewhat disappointed by the comments that were made because they were unfair and did not reflect what was happening. I assure the Deputy that the Office of Public Works acted immediately to remove the asbestos when it was discovered. In the specific case in question the person involved is not suffering from exposure to asbestos. As I understand it, he has been affected by worry and stress. In light of the review, there are a number of cases outstanding and I am taking advice from the Chief State Solicitor and the Attorney General. I am considering the position in the context of the case to which the Deputy refers.
Do the 22 outstanding claims relate to employees of the Office of Public Works? Have claims been made by staff of the Houses or by Members?
Asbestos is to be found in many public buildings, particularly schools, throughout the country. Some of these have been surveyed and reports were made that remedial action was required. Is it not true that the State has been slow to provide the funding to facilitate remedial works? There will be a litany of court cases in respect of this matter unless action is taken. As Deputy McDowell stated, if the information was available to the Department for a long period prior to the case in question being taken it will be found to be negligent. Is it not time that an urgent review of public buildings, particularly schools, was carried out and that the necessary funding was provided to remove asbestos from these buildings?
There is no question of a lack of funding in this area. I assure the House that this extremely important issue is being dealt with. There are approximately 6,000 buildings which come under the care of my Department and we acted immediately, based on information provided to us by various Departments, schools, etc., in all cases where asbestos was discovered. In all instances we have acted to secure the buildings in question and ensure that the asbestos was removed.
Most of the discoveries of asbestos relate to buildings that were built before 1980. Many of the 6,000 buildings to which I refer were erected post-1980 and it is highly unlikely that they contain asbestos. To date, work has been completed on over 1,900 buildings while there are a number of buildings in respect of which works are either outstanding or in the process of being carried out. Specialist contractors are required to carry out such works and many are fully engaged in asbestos removal at present.
When I entered office I put in place a specialist dedicated team to deal with this matter. I am satisfied that we are on top of the problem and the different bodies involved acknowledge that an excellent job is being done. I am unaware of any immediate risks to people's health but I am in a position to confirm that we are trying to complete works on a number of buildings at present.
