Enoch Burke seeks to appeal his ban from Wilson’s Hospital School handed down in 2023

Enoch Burke also asked the judge for a 'stay' on the school appointing a new disciplinary panel (Dap) to consider his appeal of his dismissal from his teaching job. File picture: Colin Keegan, Collins, Dublin.

Jailed schoolteacher Enoch Burke is seeking permission from the Court of Appeal to challenge a High Court judgment handed down almost three years ago banning him from Wilson’s Hospital School.

In May 2023, Mr Justice Alexander Owens ruled that the Co Westmeath school validly had suspended Mr Burke from his teaching position, and subsequently ordered that he be restrained from attending at the school premises.

The school suspended, and later dismissed, Mr Burke over his conduct towards the then-principal Niamh McShane at a school religious event in June 2022.

The confrontation arose in circumstances where the principal had earlier requested teachers to address a student by a new name, and with the pronouns “they” and “them”. Mr Burke, an evangelical Christian, has maintained that this request went against his religious beliefs.

Mr Burke has repeatedly breached the court order to stay away from the school and is currently incarcerated at Mountjoy Prison over this contempt of court. He has spent over 600 days in separate spells in jail.

He has repeatedly claimed he has been jailed over his religious beliefs and views on transgender issues, a claim rejected by several High Court judges.

On Friday, Mr Burke, appearing before Judge Niamh Hyland via videolink, asked for an expedited hearing date for his application for an extension of time to appeal Mr Justice Owen's judgment and related orders.

Litigants can appeal a High Court decision within 28 days of the order being “perfected”, or formalised. In certain circumstances, the Court of Appeal can grant permission to a litigant to appeal a decision outside that timeframe.

Mr Burke said his bid for an appeal arose in circumstances where the Department of Education, in a statement issued to The Irish Times in January, said there was “no legal obligation” on schools to use a pupil’s preferred name or pronouns.

He claimed this statement justified his position since the commencement of his dispute with Wilson’s Hospital School, and was of “fundamental importance” to the proceedings. He said he could not understand why he had to remain in prison in light of the statement.

He submitted that his imprisonment on foot of the court order should weigh heavily towards the granting of an expedited hearing, noting that a successful appeal would necessitate his immediate release.

Rosemary Mallon, barrister for Wilson’s Hospital School’s board of management, said her client was happy to defer to the court in relation to Mr Burke’s application for an expedited hearing.

Ms Justice Hyland said she would grant Enoch Burke an expedited hearing of his bid for an extension of time, setting a date in April. She did this despite “reservations”, noting that he is in jail because of his failure to abide by a court order that was not appealed when it was made three years ago.

Disciplinary appeal panel

Mr Burke also asked the judge for a “stay” on the school appointing a new disciplinary panel (Dap) to consider his appeal of his dismissal from his teaching job. He submitted that if his appeal is successful, the court’s finding will be that the school’s disciplinary process was wrong from the beginning.

Enoch Burke has brought separate lawsuits against two previous panels convened to hear his appeal. His most recent action was struck out last week, in circumstances where two panel members resigned following legal advice last month, and acceptance by the third member she could not be part of a reconvened panel.

Counsel for the school opposed this application, stating that Mr Burke was effectively seeking an injunction against the Dap process. She submitted that if he wanted to injunct the process, that was a matter for the High Court.

With Mr Burke's appeal pending since January 2023, the parties are “in limbo”, Ms Mallon said, and submitted that it was appropriate and reasonable for the Dap process to proceed as soon as possible.

The judge rejected Mr Burke’s “request” for a stay. She said that the Court of Appeal has no jurisdiction to make such an order, as his appeal will only formally be before the court if and until an extension of time to appeal is granted.

Mr Burke said he was “astonished” at the court’s ruling.