
‘It was the first time I felt the State saw me as I see myself – I finally existed': 10 years of the Gender Recognition Act
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Irish Examiner
14 hours ago
- Irish Examiner
Enoch Burke wins court appeal over disciplinary panel bias in dismissal case
Teacher Enoch Burke has won an appeal over the composition of a disciplinary panel set up to hear his appeal against his dismissal from Wilson's Hospital school. Mr Burke claimed a member of the three-person appeals panel, Association of Secondary Teachers in Ireland (ASTI) general secretary Kieran Christie, was a 'promoter of transgenderism'. The appeals panel denied his claim. Ms Justice Mary Faherty, on behalf of the three-judge Court of Appeal, said with "a great deal of reluctance", she would grant an injunction to Mr Burke restraining the appeals panel, as presently constituted, from from holding a hearing. Mr Burke spent more than 500 days in prison for repeatedly disobeying High Court orders not to attend at Wilson's Hospital school in Co Westmeath, where he had been employed as a history and German teacher. When he was dismissed in 2023, he sought an appeal through the normal employment process but then brought a High Court challenge claiming appeals panel member, Mr Christie, was an activist for transgenderism within the ASTI and was personally or objectively biased. In December 2023, the High Court rejected his challenge, saying Mr Burke had not discharged the burden on him of establishing there was a fair question to be tried of a reasonable apprehension of bias. He appealed to the Court of Appeal and the panel opposed his appeal. On Friday, Ms Justice Faherty, for the Court of Appeal, said while accepting Mr Christie does not sit on the appeals panel in his capacity as general secretary of the ASTI, it must nevertheless be the case that Mr Christie's role in the ASTI, which has advised schools to use a transitioning student's preferred choice of pronoun, would be influential to the reasonable independent observer. In those circumstances, she could not agree with the High Court judge that there was not a fair question to be tried in relation to any issue of which it was claimed the ASTI had taken a position. She rejected Mr Burke's suggestion that if his objection to Mr Christie was well-founded, the objection must similarly be well-founded in relation to any other person nominated by the ASTI. The judge said there remained the question as to whether Mr Burke, with his history of contempt of court, "gets to pick and choose how and when he gets to invoke the court's protection and jurisdiction'. Mr Burke, apart from spending more than 500 days in prison over a number of periods, was also the subject of daily €700 and later €1,400 fines for every time he turned up at the school. Recently, the High Court made orders permitting the seizure of money to pay the fines from the bank account into which his school salary continued to be paid pending the Court of Appeal decision. Ms Justice Faherty said she considered his contempt no less egregious now than when he was before the High Court challenging the appeals panel. However, the distinguishing feature of the present case was the spectre of unfairness that will hover over the disciplinary appeal process if he has to face that body as presently constituted given he has made out a case of a reasonable apprehension of objective bias, she said. While it was normal for the loser in a case to pay the winner's costs, the court was "not in normal territory" here. The judge said there would be no costs order in Mr Burke's favour, save an order setting aside the costs order made against him in the High Court.

The Journal
16 hours ago
- The Journal
Michael Flatley is seeking a nomination for president, High Court told
RIVERDANCE STAR MICHAEL Flatley is to seek a nomination to become Ireland's next president, the High Court has heard. The choreographer's barrister made the announcement during a High Court case he has taken in relation to works carried out at his mansion in Co Cork, the Castlehyde. Barrister Ronnie Hudson notified the court of a 'material change in circumstances' for Flatley, and said he is to move back to Ireland within the next 14 days and look to run in the presidential election this autumn. An affidavit, signed by Flatley's solicitor Maxwell Mooney, was submitted to the court stating that the Irish-American is 'to seek nominations to run for president of Ireland'. Advertisement Only earlier this month , Flatley had been coy about the possibility about standing for president but said he had not made a final decision. The Lord Of The Dance star, who is a duel American and Irish citizen, had told RTÉ Radio One's Brendan O'Connor that he had been approached by many people who asked about his intentions to run. At that point he had 'not made the decision' but said the idea of standing for president was something he 'takes seriously'. 'If I thought that I could be of benefit to the Irish people and maybe more importantly, if I thought I could be a voice of the Irish people. Right now, I don't think they have a voice, not a true proper deep voice that you know that speaks their language,' Flatley told the radio programme. Flatley said he hears concerns from the 'average person on the street' and they are not 'happy right now'. 'Somebody has to speak for the Irish people,' he said. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal


Irish Daily Mirror
16 hours ago
- Irish Daily Mirror
Michael Flatley to make bid for Irish presidency, court told
Riverdance star Michael Flatley is to seek a nomination to become Ireland's next president, a court has heard. The choreographer's barrister made the announcement during a High Court case he has taken in relation to works carried out at his mansion in Co Cork, the Castlehyde. Barrister Ronnie Hudson notified the court of a "material change in circumstances" for Flatley, and said he is to move back to Ireland within the next 14 days and look to run in the presidential election this autumn. An affidavit, signed by Flatley's solicitor Maxwell Mooney, was submitted to the court stating that the Irish-American is "to seek nominations to run for president of Ireland". Lord Of The Dance star Flatley, who is eligible to run as an Irish citizen, had strongly hinted at a presidential bid last week, but said he had not made a final decision. Michael Flatley attends "Lord Of The Dance: Dangerous Games" Cast visits The Tree At Rockefeller Center at Rockefeller Center on December 11, 2015 in New York City He said during a radio interview that he did not believe the Irish people "have a voice - not a true proper deep voice that speaks their language". Flatley said he hears concerns from the "average person on the street" and they are not "happy right now". "Somebody has to speak for the Irish people," he said. He was in Ireland earlier this month where he performed on a flute at a July 4 celebration hosted at the residence of the US Ambassador to Ireland, Edward Walsh, who was recently appointed to the role by Donald Trump. An election for the largely ceremonial role is expected towards the end of October, as it must take place in the 60 days before outgoing President Michael D Higgins's term ends on November 11. To be eligible to run, a candidate must be an Irish citizen who is 35 or older. They must be nominated either by at least 20 members of the Irish parliament or at least four local authorities. So far, two candidates have secured sufficient backing to enter the race: former farming journalist and EU commissioner Mairead McGuinness, who is the Fine Gael nominee; and Catherine Connolly, a left-wing independent and former Galway mayor who has received the backing of opposition parties and independents. Several other figures have hinted at their intention to run, including MMA fighter Conor McGregor, who has criticised the Irish Government's policies on immigration and public safety. At the High Court on Friday, defence barristers in Flatley's case argued against the affidavit being accepted by the court, and stated that it was an attempt by Flatley to "move the goalposts". Flatley had strongly hinted at a presidential bid last week, but said he had not made a final decision (Image: (Photo by Walter McBride/WireImage)) Andrew Fitzpatrick SC said Flatley had said before in 2024 that he intended to move to Paris and then Valencia. "That didn't happen," he told the court. He also said that if the court was prepared to admit the affidavit, it would undermine previous assertions made by Flatley's side that the reason he is living in Monaco and cannot return to the state is because of the condition of the Castlehyde. Ms Justice Eileen Roberts said that as Flatley's residence "is so central to the issue of security of costs" in the case, she would allow the affidavit to be taken into account, but said she "entirely" heard submissions made by the defence about the characteristics of the affidavit and what weight it should be afforded. She said she expected the judgment in relation to the costs application to be delivered in a "reasonably short period", and that it would be given "shortly after" the end of the courts term. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.