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Irish teacher Enoch Burke Alamy Stock Photo

Attorney General tells High Court he may bring application to sequester Enoch Burke's assets

Mr Justice David Nolan said that he estimates Mr Burke owes some €190,000 to date.

A HIGH COURT judge is to consider a submission that would allow the Attorney General to sequester the assets of Irish teacher Enoch Burke over fines imposed on him for contempt of court.

Mr Justice David Nolan said that he estimates Mr Burke owes some €190,000 to date, following a €700 a day fine imposed by the court since January 2023.

Barristers representing Rossa Fanning said he believes he can bring an application to sequester the teacher’s assets as he would have standing in the public interest.

The court today heard submissions from lawyers representing the state that could order Mr Burke to pay the fines.

Mr Burke did not appear at the High Court in Dublin, and instead attended Wilson’s Hospital School, the court heard.

The board of management of the Co Westmeath school and Mr Burke have been in a legal dispute stemming from incidents over a request from the school’s then-principal to address a student by a new name and the pronoun “they”.

Mr Burke, an Evangelical Christian, argued that his suspension was unlawful and went against his right to express his religious beliefs.

Mr Burke has been on suspended paid administrative leave from the school since August 2022 following the dispute.

The school has been granted injunctive relief, restraining him from attending the school, however he continues to attend the school in breach of the order.

Mr Burke was released from prison days before Christmas but he continues to attend the premises almost every day since it reopened following the end of the holidays.

The court was told that Mr Burke’s presence on school premises continues to “disrupt” the school day.

The court also heard concerns about third parties who support Mr Burke who, occasionally, attend the school premises, which is also causing disruption to the school.

Representatives of the Attorney General’s office and the Department of Finance attended court to discuss how the court can enforce payment of the fines.

In an email from Mr Burke, he said that any attempt to strip him of his livelihood was “deeply disturbing”.

Brian Kennedy, senior counsel for the AG, said that the court could also consider a garnishee order.

The court was told that issuing a garnishee order against Mr Burke was less straightforward as the authority is not “clear cut”.

Senior counsel Alex White said that the school has no connection with Mr Burke’s bank account as the Minister for Education is the paymaster of teachers, and that the school has no role in the administration of paying or supervising his salary.

Mr Kennedy said it was usual practice that enforcement orders in contempt cases are applied for by the party in whose favour the order is made, however he added that there are occasions when the Attorney General can make the application.

He said this could be done in the “public interest”.

Mr Kennedy said that one route is an order sequestering Mr Burke’s assets, which would freeze his assets and monies could be withheld to discharge the fines.

The judge said he was “disappointed” Mr Burke did not attend court, saying he would give him the opportunity to make submissions before he makes a decision.

The court heard that a garnishee order would be in relation to Mr Burke’s salary.

This type of order has never been made in Ireland, but has been made in England and Wales.

Mr Justice Nolan said that the court has the power to lock someone up for contempt but does not have similar powers to have contempt fines recovered.

He also said that he is concerned to impose further costs on the school if it was to take enforcement action, adding that any fines recovered would be for the benefit of the state and not the school.

Mr White said that that the case has been going on for years and all the “school wants is to be a school”.

He said that it has been disruptive to the student community and parents.

Justice Nolan said he would give Mr Burke the opportunity to make submissions on the issue.

He said he would give him 14 days and then would make a ruling on the matter at a later date.

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