Teacher challenges Garda move to disclose sexual impropriety allegations

A teacher at a south Dublin school has brought a High Court challenge over the Garda vetting bureau's decision to disclose details about allegations of sexual impropriety to the Teaching Council.

The Director of Public Prosecutions previously directed no prosecution concerning allegations, made in 2013, that the male secondary school teacher, some 20 years ago, massaged the backs of two young girls, not his pupils, in an inappropriate and sexual way.

The teacher, who denies any wrongdoing, claims the bureau’s decision is flawed for reasons including it was arrived at on foot of documents which the teacher and his lawyers had not been given.

Michael O’Higgins SC, for the teacher, said when the allegations were made, his client made a voluntary statement to the Garda “strongly denying” them. A file was sent to the DPP, which directed no prosecution.

Counsel said, as a teacher, his client is periodically subject to the Garda vetting process.

He was informed last year the vetting office was considering disclosing certain specified information, matters concerning the 2013 allegations, to the Teaching Council which regulates and promotes the profession here and has power to terminate the teacher’s registration.

Counsel said his client was shocked by the bureau’s decision and made submissions regarding the proposed disclosure. He sought to see all the material relied on by the bureau as part of its decision-making process.

Without that material, his client did not know how best to make proper submissions on it, counsel said.

The bureau’s drawing of a preliminary adverse conclusion without disclosing the full material upon which it formed its view was an inherently flawed procedure, he said.

The bureau has a legal duty to disclose relevant information, counsel said. The teacher had been invited by the bureau to make a data access request which was an error by the bureau, counsel said. The bureau acted in an unfair manner and has denied his client a fair hearing, he argued.

The court heard the teacher previously went through Garda vetting in 2006 and 2016 and no issue had arisen. It appeared the allegations from 2013 were inadvertently excluded from consideration in 2016, the court heard.

Counsel said his client has been a teacher for many years, was involved in coaching sports and his record is “exemplary”.

The allegations and the potential disclosure to the council, which the bureau had indicated might be made within days, would have a devastating effect on him, Mr O’Higgins said.

In judicial review proceedings against the chief bureau officer of the National Vetting Bureau and the Garda Commissioner, the teacher wants various orders and declarations, including a declaration the procedures adopted in determining if certain information about him should be disclosed did not adequately respect his rights to fair procedures and privacy.

Permission to bring the challenge was granted, on an ex-parte basis, this week by Mr Justice Charles Meenan.

The judge made orders, subject to liberty to apply, prohibiting identification of the teacher and staying the vetting disclosure process and returned the matter to October.