Sir, - The Irish Times (January 18th) carried an article by Mr Gerry Whyte, Senior Lecturer, TCD Law School, which seriously misrepresented the issue which my clients, the campaign to Separate Church and State Ltd and Mr Jeremiah Noel Murphy, had taken to the High Court for decision. Mr Whyte is incorrect in stating that "they challenged the right of the State to finance programmes of religious instruction or formation, designed to instil religious values in students".
My clients challenged the right of the State to pay the salaries of chaplains in the State's community schools under the provisions of the deed of trust for this kind of school. On page 2 of the Judgment it is stated: "It is the payment of the salaries of Chaplains in Community Schools that is said to breach the Constitution"; my clients claimed no more than that.
My clients relied on the common understanding of (Catholic,) chaplain, on the formal definitions in Canon Law, viz, "a chaplain is a priest to whom is entrusted in a stable manner, the pastoral care, at least in part, of some community or special group of Christ's faithful," and as far as possible, chaplains are to be appointed for those who because of their condition of life, are not able to avail themselves of the ordinary care of the parish priests, as for examples, migrants, exiles, fugitives nomads and sea farers". They additionally relied on the chaplain's job specification agreed between the church and Minister Richard Burke in 1976. This document makes it clear that a chaplain is to be a priest, nominated by the bishop and removed at his pleasure; one who is charged with, inter alia, saying Masses for all classes organising retreats and hearing confession.
My clients made it clear to the court that they objected to the State paying chaplains' salaries; they have no objection to chaplains who are privately benefacted and they recognise that the State is Constitutionally enabled to partly finance second level, denominational schools where religious education is provided. The full transcript of the High Court proceedings, and the judgment of Mr Justice Costello, are available from the usual sources.
I shall not comment on Mr Whyte's speculations about the integrated curriculum, that is, the interspersal of religion in the secular curriculum. This is a matter for another day. Yours, etc.,
O'Rafferty Powderly,
Merrion Row,
Dublin 2.