PILA has learned that the Irish Equality Authority has successfully applied to the Irish High Court to intervene in the Stokes Traveller school admissions appeal.
Bulletin readers may recall that Mary Stokes, with the assistance of the Irish Traveller Movement Law Centre, is appealing a decision of the Clonmel Circuit Court in favour of Christian Brothers College (CBC).
In December 2010, Mrs Stokes brought a case before the Irish Equality Tribunal on behalf of her son John who had been denied admission to CBC. Mrs Stokes, a member of the Traveller community, alleged that the admissions criteria for the secondary school indirectly discriminated against Travellers. The school's admission policy favoured applicants on the basis of three criteria: those who were Catholic, had attended a local primary school and whose father or older sibling had attended the school. While John met the first two criteria, he did not meet the third. Although the Equality Tribunal found in favour of Mrs Stokes, on appeal Circuit Court Judge Teehan found in favour of CBC.
The fact of the Equality Authority's intervention is significant, as it is only the third time that the organisation has made such an application. Such amicus curiae (friend of the Court) applications are still rare in Ireland, compared to other jurisdictions such as England and Wales.
Brian Merriman, Head of Legal Services in the Equality Authority says, "This case was taken on the basis that the criteria favouring children whose fathers attended the school is indirectly discriminatory against Travellers. The Equality Authority considers this case to be an important issue. The High Court will also consider the legal issue of indirect discrimination. It is appropriate for the Equality Authority to be of service to the Court as it considers this important matter. The EA has been successful in three amicus curiae applications up to this in the Doherty, Lawrence and now Stokes cases."
Click here to access a PDF version of the Clonmel Circuit Court judgment.
Click here to read more about the Irish Equality Authority's work.
Click here to read about a recent PILS Project presentation on third party intervention strategies in Northern Ireland.