Who is Enoch Burke?
For those living under a stone for the last three years, teacher Enoch Burke was suspended in autumn 2022, and later dismissed, from his teaching position at Wilson’s Hospital School in Co Westmeath. The suspension was over his conduct towards the then principal at a school religious service over her earlier request to teachers to refer to a student by their preferred new name and the pronouns “they” and “them”. He has served periods amounting to almost 600 days in prison for repeated contempt of court orders to stay away from the school pending finalisation of a disciplinary process.
Why is he in the news again?
Two members of a three-person disciplinary appeal panel that heard Burke’s appeal over his dismissal in December resigned this week. The panel was due to give its recommendation on the appeal on January 9th but, three days earlier, Burke initiated a legal challenge over its conduct of the appeal hearing and seeking to halt further steps in the process. He had previously successfully challenged the composition of an earlier disciplinary appeal panel.
[ Two resignations from panel convened to hear Enoch Burke appeal, court toldOpens in new window ]
How will the resignations affect his case?
Lawyers for the panel said the resignations of Seán Ó Longáin and Jack Cleary meant his challenge to it should be struck out and a new panel convened to hear his appeal. Burke disputed that his current challenge is pointless and described the appeal panel process as a “shambles”. High Court judge Brian Cregan, who had said the issues raised by Burke in his challenge are serious, questioned if it was pointless for reasons including Burke had claimed that the sole remaining member of the panel, Geraldine O’Brien, was guilty of bias. The judge adjourned the matter for two weeks to allow for consideration of legal documents.
There’s no end to this, is there?
No obvious end, especially because Burke also said this week he wants to separately bring a late appeal against a May 2023 High Court judgment of Judge Alexander Owens upholding the suspension decision. A statement last month by the Department of Education that there is no legal obligation on schools to use a pupil’s preferred pronouns meant the former principal’s “demand” to teachers in 2022 was “utterly groundless” and the 2023 High Court decision was “fatally flawed”, he argued.
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What happens next?
That remains to be seen. The only certainty about the Burke litigation is that it seems set to continue for some time. The High Court must decide later this month whether to let Burke’s challenge to the second disciplinary appeal panel proceed or strike it out. In either event, it seems likely a third panel will have to be convened to hear his appeal. The court will also decide whether to let Burke bring a late appeal against the May 2023 High Court decision.
