State faces more asbestos claims

The Department of Health has been accused of failing to protect an employee's health in a case involving alleged asbestos exposure at Hawkins House, its main offices in Dublin.

In a similarly embarrassing move, the Department of the Environment, which devises policies on the disposal of waste, is being sued by a staff member for alleged asbestos exposure, The Irish Times has confirmed.

For years, asbestos was used in everything from lagging material to cement products but in the 1980s it was linked with lung cancer and other illnesses. Asbestos becomes dangerous when its fibres are released into the air, so its removal has triggered many health scares.

Up to last December, the State Claims Agency was dealing with 1,497 personal injury claims against the State, with asbestos exposure accounting for 31 per cent (464) of these.

The Departments of Health and Environment confirmed the legal actions following Freedom of Information (FOI) queries from The Irish Times but said they could not give any more details. The State Claims Agency,which is handling the cases, is not subject to the FOI Act.

Most asbestos-related cases against the State come from prison staff, according to a survey of Government Departments.

The Department of Justice said that 301 legal actions had been lodged by its staff. Some 214 cases were lodged by staff in the prison service.

The State's 17 custodial institutions are run by 3,400 prison staff. The Mountjoy complex in Dublin is the State's largest prison. Newer institutions such as Cloverhill, Wheatfield and the Midlands Prison were built after certain forms of asbestos were banned.

Some 71 actions have been lodged by staff in the Garda Síochána. Civilian staff accounted for 63 of these cases.

Meanwhile, 16 legal actions have been initiated by employees in the Courts Service.

None of these claims has been settled, a Department of Justice spokeswoman said.

The Commissioners of Public Works has received 135 claims for compensation for alleged exposure to asbestos. Five of these claimants have received awards varying from €60,000 to €76,000 but they received a setback two weeks ago. On February 21st, the Commissioners of Public Works won their Supreme Court appeal against one £48,760 (€61,912) award made to a Leinster House employee for asbestos exposure.

Mr Stephen Fletcher from Tallaght won the award in 2001 when he claimed he had developed an anxiety neurosis after being exposed to asbestos while working in the basement of Leinster House in the 1980s.

However, the Supreme Court ruled that he was not entitled to receive compensation for a psychiatric illness caused by fear of developing a physical illness. The other four awards have also been appealed.

The Minister for Finance, Mr McCreevy said the Supreme Court decision represented a major step in reversing the compensation culture. The ruling would "send out a strong signal to those who may think that the initiation of a compensation claim against the State is akin to approaching an ATM," he said.

Mr McCreevy said the State would "vigorously defend the dramatically increasing number of compensation actions being taken in the courts".

Legal firms specialising in asbestos-related cases have told The Irish Times they have received queries from employees, or former employees in most of Dublin's main State-owned buildings.

The Office of Public Works is continuing an asbestos removal scheme in all 6,000 State buildings that it began four years ago.