Editorial: Barrister Burke needn’t choose confrontation

The name of Burke is rarely out of the news these days. This time it belongs to Simeon Burke, younger brother of teacher Enoch, whose extended stay at the State’s pleasure for refusing to purge his civil contempt of court over a continuing protest at Wilson’s Hospital School has become increasingly frustrating to weary observers of the saga.

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Simeon Burke, younger brother of Enoch Burke, claims he is being shut out from practising law The name of Burke is rarely out of the news these days. This time it belongs to Simeon Burke, younger brother of teacher Enoch, whose extended stay at the State’s pleasure for refusing to purge his civil contempt of court over a continuing protest at Wilson’s Hospital School has become increasingly frustrating to weary observers of the saga. As a recently qualified barrister, Simeon Burke has now written to the Bar Council to complain that he is effectively being shut out from practising law due to his failure to find a so-called master willing to take him on for a year as an unpaid pupil, known as a “devil”, as required by tradition before representing clients in court.

The system is undoubtedly archaic and would appear to present obstacles to other candidates, not simply members of this controversial family, should they displease potential masters. To be denied entry to those hallowed halls by what some argue is a closed shop must be distressing. A sense of unfairness is only natural.



Nonetheless, the system has worked effectively for centuries, and one can understand a reluctance among barristers to take on a member of the Burke family as a pupil when their clashes with the law regularly attract negative publicity. Simeon Burke’s 2023 conviction for a breach of the peace following a protest at the Four Courts in support of his brother, which led to him being dragged away by gardaí, was struck out in April on the grounds of insufficient evidence for a criminal offence, but the judge did note that the young man’s behaviour was “unbecoming”. The Burkes appear to wake up each morning and choose confrontation Masters cannot be expected to take on any devil without demur when they come with such baggage.

Academic qualifications, of which Simeon has an abundance, are the bare requirement. There must be a personal compatibility and an inherent trust between master and pupil. If there are doubts about the ability to build such a relationship of mutual respect, it is unreasonable to ask masters to disregard their misgivings.

As sole traders, barristers’ discernment is an indispensable asset. They need to show good judgment and be of good character to maintain standing with the courts. Such respect is hard won and easily lost.

Once lost, it can be all but impossible to get back. To maintain it, a regard for the law of the land is non-negotiable. Being right is not enough.

There is a certain give and take necessary to ensure civil society functions for all. The Burkes appear to wake up each morning and choose confrontation. In that respect, they are fierce individualists, and such disruptors do have a value in every society that values freedom of thought; but Christian writers have long warned against the dangers of unchecked individualism.

We have relationships and obligations that extend beyond us into the community. All our rights ultimately derive from nurturing them. Christ said: “Render unto Caesar the things that are Caesar’s.

” The phrase has been interpreted by scholars in many ways, but is generally taken to mean that sometimes it is wise to submit to earthly authority to avoid unnecessary discord. The Burke family may be better off rendering unto Caesar. If they continue to defy him, Caesar can be forgiven for being less than sympathetic.

They have tested his patience long enough. Join the Irish Independent WhatsApp channel Stay up to date with all the latest news.