A man who was exposed to asbestos dust while working in the basement of Leinster House was awarded damages of £48,760 plus costs yesterday.
Mr Justice O'Neill in the High Court said the Commissioners of Public Works had known of the danger of asbestos and done nothing about it.
It was difficult to exaggerate the degree of negligence of which the Commissioners were guilty, he said when making the award to Mr Stephen Fletcher (54), of Maplewood Road, Springfield, Tallaght, who helped remove lagging from pipes in Leinster House in the 1980s.
In his action against the Commissioners of Public Works, he complained that the lagging was in very poor condition. He said he was not told of the dangers associated with working in such a situation and only learnt of them later from media reports.
After yesterday's decision, Mr Bryan Fox, solicitor for Mr Fletcher, said a number of actions were being taken by people who worked in the basement of Leinster House and in other areas of the public sector.
In his reserved judgment, Mr Justice O'Neill said he was satisfied Mr Fletcher was physically well but was very angry and upset and had developed a condition known as reactive anxiety neurosis about the risk of getting mesothelioma cancer.
Mr Justice O'Neill said he accepted that Mr Fletcher had inhaled a large quantity of asbestos dust over a number of years. He said Mr Fletcher, from 1985 to 1988 and probably to 1989, was asked to work in circumstances that involved the creation of asbestos dust.
The judge referred to a letter from an inspector with the Department of Labour in July 1984 in which the inspector said he was of the opinion that all asbestos lagging in the basement had deteriorated to such an extent it should be removed section by section. The inspector noted that large lumps of asbestos had fallen to the ground and asbestos dust seemed to be on every ledge, cable and corner.
A letter inviting tenders from contractors stated that protective clothing and masks should be made available. Mr Fletcher was not informed of the existence of asbestos or the risks of asbestos dust. He was not given protective clothing.
The judge said it was difficult to exaggerate the degree of negligence of which the defendants were guilty. They had known of the danger associated with the material and done nothing.
Mr Fletcher was unaware that he had been exposed to asbestos dust until late 1986, when he saw media reports. He became shocked, upset and extremely angry and went to see his solicitor. The judge said Mr Fletcher's anger was entirely justified.