Irish Independent

Enoch Burke saga: No resolution in sight for seemingly endless dispute

On Monday, Enoch Burke was sent to prison for a third time for contempt of High Court orders restrainin­g him from going to Wilson’s Hospital School. Is there any end in sight to the saga?

In a word, no. It is difficult to see how this can be resolved.

While Mr Burke could walk free from prison at any stage if he would only agree to purge his contempt, the teacher has demonstrat­ed time and again that he won’t do that.

Over 400 days in Mountjoy during the past two years and the threat of thousands of euro in fines have failed to have any coercive effect on him.

What has Enoch Burke had to say about his imprisonme­nt?

Mr Burke claims he has been jailed for his religious beliefs, which led him to oppose a request from his principal in May 2022 that a pupil be called by a new name and “they/them” pronouns.

He told Mr Justice Michael Quinn on Monday that the judge would “answer to God” for sending him back to Mountjoy.

Is he being imprisoned for his religious beliefs?

Several High Court judges have stated that Mr Burke has not been jailed due to his religious views but rather because he will not comply with court orders.

They said there was nothing in those orders that required him to compromise his beliefs. He merely had to stay away from the school.

Are his religious views still a large part of the story though?

Yes. It was Mr Burke’s opposition on religious grounds to what he terms “transgende­rism” which led him to publicly clash with school management over the principal’s request.

The situation snowballed, resulting in his suspension in August 2022 and eventual dismissal for gross misconduct in January this year.

In court on Monday, Mr Burke described it as “a hellish ideology” which resulted in children taking puberty blockers and being “scarred for life”.

Could he be held in prison indefinite­ly?

In theory, he could. This is an unpreceden­ted situation involving a zealot with a seemingly unshakeabl­e belief that he is not in contempt of court and should be allowed to continue working at a school where he is no longer welcome.

No judge will want to keep him in prison for ever. However, the courts must penalise people who defy court orders to ensure wider compliance with them. The alternativ­e is a breakdown in social order.

Are there not other options short of imprisonme­nt?

Ireland’s civil contempt regime also allows for fines and the sequestrat­ion of assets. However, the imposition of €700-a-day fines did not work and legal difficulti­es have been identified by the school regarding how these might be collected.

The sequestrat­ion of assets was previously ruled out by the court, leaving imprisonme­nt as the only option that stops Mr Burke from disrupting the operation of the school.

Why was Enoch Burke released twice before if he did not purge his contempt?

On both occasions he was set free during school holidays on the basis the board of management could seek to have him imprisoned again if he returned to its premises, which he did as soon as the school reopened.

Could the school not just hire security to keep him out?

This was considered but its board of management decided against doing so, as it did not want the school to be “turned into some sort of prison”.

What does Enoch Burke want to achieve?

Mr Burke wants to be reinstated to his job as a teacher of German and history at the school. He is appealing against his dismissal to a Department of Education panel, a hearing that has been delayed for many months due to legal challenges taken by Mr Burke to the compositio­n of that panel.

Does this mean he is still being paid?

Yes. Mr Burke is on administra­tive leave pending the outcome of his appeal. He told the court this week he was still on the payroll. His salary is thought to be around €48,000.

How much is all of this costing?

In addition to covering the salary of a teacher who is not presently working, the taxpayer is also burdened with the cost of Mr Burke’s incarcerat­ion. The average cost of keeping a prisoner behind bars was around €84,000 in 2022.

Then there are mounting legal costs. Mr Burke has represente­d himself in countless appearance­s before the High Court and Court of Appeal, so has no legal costs of his own.

However, the board of management has been represente­d by lawyers throughout.

The board has obtained several costs orders against Mr Burke, cumulative­ly likely to amount to a significan­t six-figure sum. The question now is whether they can recover this money from him or will the school and its insurers be left carrying the can.

What happens next?

The High Court will conduct a review of Mr Burke’s detention on October 11.

On the same date, Mr Burke’s case regarding the compositio­n of appeals panel is due before the Court of Appeal for directions. It is not yet clear when the matter will go to a full hearing.

It may be some time yet before the issue of Mr Burke’s dismissal is fully resolved.

‘Mr Burke told the court he is still on the payroll… his salary is thought to be around €48,000’