HSA inspector seeks to prevent dismissal over e-mails

A senior inspector with the Health and Safety Authority (HSA) has brought a High Court action to prevent his dismissal for alleged misconduct arising, he claims, from e-mails sent by him to the National Roads Authority about the safety record of construction giant Ascon.

Padraig Delaney, Ralahone, Newmarket-on-Fergus, Co Clare, who has been with the HSA for 11 years, said an inquiry into his conduct was begun after he had sent e-mails on February 2nd last about Ascon, a company he described as having "a serious criminal record regarding breaches of the statutory occupational health and safety code", to Eric Fleming, a National Roads Authority board member.

Arising from that, he said the HSA had established an investigation into allegations of gross professional misconduct by him relating to a possible breach of trust and other conduct prejudicial to the interests of the HSA.

He said the investigation was seriously flawed and the investigators had declined to follow up his suggestion to interview Mr Fleming. Such an interview was vital to establishing his own bona fides in carrying out his statutory functions, Mr Delaney said.

He said a report issued in April last, following the HSA investigation, failed to set out how or why his actions were prejudicial to the HSA's policies and procedures.

He said he had acted completely within the HSA's own code of behaviour, the relevant safety Acts and the HSA's own guidelines, which required that clients should consider criminal convictions in determining the competence of contractors that may be a party to any procurement or commissioning of a construction project.

In an affidavit, he said, "Ascon has a very serious occupational health and safety based criminal record" and that, from an occupational health and safety viewpoint, he wished the NRA to be aware of that in any future contractual matters that might involve Ascon.

Mr Delaney's application for various injunctions against the HSA, to apply pending the outcome of his full action, was refused on July 20th last by Mr Justice Paul Gilligan. The judge said that, notwithstanding the HSA's decision to dismiss Mr Delaney, an internal appeal process within the HSA was available.

The judge found there were serious issues at stake, that an appeal could deal with the matter but that Mr Delaney could also proceed with his claim without prejudice to such an appeal. The judge took the view that the process to date was unsatisfactory but not incapable of being remedied.

Mr Justice Gilligan also made directions aimed at securing an early trial of the full action and the matter came before him again yesterday in relation to the conduct of an appeal before an appeals forum.

Mr Delaney had objected that the HSA had failed to disclose its appeal procedures to him despite requests to do so. The judge directed, on the application of Brendan Kilty SC, for Mr Delaney, that those procedures be disclosed within 10 days.

He also directed that Mr Delaney, on receipt of the appeal procedures, should set out his grounds of appeal to the HSA.

The matter is listed for mention before the court again in October.