Action urged on asbestos in public buildings

The Government will be faced with a "queue of court cases" if it delays in taking action to remove asbestos from public buildings…

The Government will be faced with a "queue of court cases" if it delays in taking action to remove asbestos from public buildings, particularly schools, the House heard.

"You're going to be found to be negligent," Mr Paul McGrath (Fine Gael, Westmeath) warned the Minister of State for the OPW, Mr Martin Cullen, if prompt action was not taken. Some surveys had already been done, he added, which indicated that immediate action needed to be taken.

The Minister told the House there were two court awards and two out-of-court settlements, totalling £179,262, in respect of claims by OPW employees in Leinster House and its environs "as a result of alleged exposure" to asbestos.

A further 22 claims were pending, Mr Cullen added. The OPW had completed an asbestos survey of Leinster House and any asbestos identified had been removed.

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Mr Derek McDowell (Labour, Dublin North Central) referred to a recent court hearing in the course of which the judge made some comments "which were disquieting, to say the least". The court had found it extraordinary, Mr McDowell said, that the OPW would have been aware for some time that there was an asbestos problem in Leinster House. Was the State continuing to deny liability in respect of other cases outstanding?

He was aware of what had been said, Mr Cullen replied, and was somewhat disappointed at the comments. "I thought they were very unfair and out of context with what was happening." The OPW had acted immediately to remove all asbestos when it was discovered. As regards the case in question the employee concerned was not suffering from any asbestos-related ill-effects.

Both the State Solicitor's Office and the Attorney General were taking legal advice and reviewing the situation in the light of that case, he added.