Supreme Court hears challenge to Clonmel school admission policy.

 


A teenage Traveller from Tipperary has asked the Supreme Court to uphold a challenge to a secondary schools admission policy which gave priority to the sons of past pupils.

The case has already come before a number of other courts and tribunals.

John Stokes applied to attend the Christian Brothers High School in Clonmel in 2010 but was turned down because of their policy of giving priority to the brothers or sons of past pupils.

His mother Mary lodged a complaint claiming this discriminated against members of the Traveller community as they were less likely to have a father who attended secondary school.

The case has already been before the Equality Tribunal,  Circuit Court and the High Court.

The Equality Tribunal ruled in John Stokes favour – this was appealed by the High School to the Circuit Court which found that while the parental rule was indirectly discriminatory against Travellers, it was objectively justified within the provisions of the equality legislation.

Mary Stokes subsequently appealed this to the High Court on a point of law which was rejected.

She has now taken her case to the Supreme Court in a bid to have that High Court ruling set aside.

Much of yesterdays proceedings were taken up with legal argument over whether or not such an appeal could be taken.

The five judges of the Supreme Court have decided to proceed with the main hearing without deciding that issue at this point.

Now 16, John Stokes is attending another secondary school.

The hearing continues.