The Army was aware as early as 1952 that soldiers' hearing could be damaged by the use of weapons, according to Defence Forces documents seen by The Irish Times.
It recommended that cotton wool be used by soldiers to protect their hearing, and in 1961 this was amended to recommend that the cotton wool be combined with Vaseline.
However, evidence given by soldiers in the cases which have already gone before the courts suggests that these regulations were consistently ignored.
The General Routine Order No 8 of 1952 stated: "1. The noise of modern weapons can cause considerable damage to unprotected ears. 2. The Commanding Officer shall issue instructions to ensure that during the firing of all weapons, other than the rifle, revolver or machinegun, personnel engaged shall protect their ears with a piece of clean, dry cotton wool . . ."
The General Routine Order No 43 of 1955 reiterated this warning and advice, stating "cotton wool will be issued to those who require it". By 1961 the General Routine Order (No 25) had changed to state: "Ear protection shall be afforded not only to personnel concerned with the actual firing of the above weapons, but also to those who are in the immediate vicinity of tanks during the firing of the tanks armaments. To provide ear protection a piece of clean cotton wool, moistened with a little soft Vaseline, will be issued."
In 1972 the Quartermaster General's Administrative Instruction said that the issuing of "ear defenders" would be authorised in the near future, and in 1984 it was stated that the officer in charge of firing practice should ensure that all personnel were wearing ear defenders when firing was in progress.
The training circular in which this was stated also said ear defenders came in three sizes, and insisted that the wearer should make sure to wear one that fitted correctly. However, it also stated that the officer should ensure that "dangerous situations do not arise through failure to hear signals or orders".
The fact that ear protection aimed at safeguarding soldiers' ears from the effects of gunfire could also cut out normal speech, including orders, is likely to have posed problems for the Defence Forces.
However, ear plugs which cut out the sound of gunfire but allowed orders to be heard were available at least in the mid1980s, but were not purchased because they were too expensive.
A note concerning the claims against the Department of Defence and signed by Lieut Col P. F. Nowlan, OIC `A' Administration Section, states: "I am informed that ear plugs with acoustic valves are readily available. This type allows normal hearing until a loud noise occurs when the earplug reacts by closing up. Apparently this type of ear plug was considered for purchase in 1986 but was excluded as it proved too expensive."
A training circular from 1987 states that both ear plugs (which are small and fit into the ear) and ear muffs (which cover the whole ear) should be worn by all firers and crews firing artillery guns and missiles, mortars, anti-tank guns and HMGs, naval service guns, the main armament of cavalry tanks and armoured cars and all weapons in indoor range theatres. The officer in charge of the firing point must ensure hearing protection was worn.
This circular also limits the number of rounds that could be fired from various weapons during any 24-hour period, as it was known that the quantity as well as the quality of sudden loud noise could damage hearing.
The cases now before the courts all concern soldiers who claim their hearing was damaged in the years up to 1987, when the more stringent regulations came into force and both ear plugs and ear muffs were meant to be worn.
However, it would appear that this did not always happen. A photograph published in The Irish Times on April 6th, 1995,shows the then minister for defence, Mr Coveney, and soldiers of the 77th Infantry Battalion in a trench in the Glen of Imaal during a "battle inoculation" exercise, where live ammunition is being fired over them.
Mr Coveney is wearing a helmet and large ear muffs, as is another soldier, who is unidentified but is perhaps an officer. None of the other soldiers is wearing ear muffs.