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'If that was a dress I'd rip it off': €600 for bus driver dismissed after complaint about children's escort

The issue arose after the driver complained about the behaviour of the school caretaker during his bus run.

A DRIVER WHO expressed concerns after a school caretaker tickled and made inappropriate remarks to children on his bus has been awarded €600 by the Workplace Relations Commission.

The issue arose in early November 2016, after the driver expressed concerns about the caretaker, Mr Y, who had replaced the regular escort to accompany children on the bus.

The driver said that on that occasion, Mr Y sat at the back of the school bus with two children and consistently tickled them throughout the 20-minute journey.

On a second occasion when Mr Y accompanied children on the bus, the driver claimed the same thing happened in a manner that was more extreme and louder than the previous incident.

On that occasion, he reported hearing Mr Y say to one of the children: “If that was a dress I would rip it off of you”, and said he felt that he had to do something.

On a third occasion when Mr Y travelled on the bus again, the driver asked him to sit near the door, citing a booklet of transport service regulations that said he must do so.

However, Mr Y then became annoyed and asked whether the driver realised what he was insinuating.

Mr Y demanded to see the booklet, and pointed out that the rules applied to transport staff only.

He argued that as a school employee, he was subject to school rules, but the driver said he would still prefer if Mr Y would abide by transport service rules while on the bus.

Contract in jeopardy

The following morning, the school principal asked to speak to the driver, saying that Mr Y had reported the incident to her the previous evening.

The principal said that it was necessary for escorts, including Mr Y, to sit beside or near the children because they had autism and might need attention.

That afternoon, the driver received a call from his employer asking for details of the incident, and informed him that the principal had requested that he was replaced.

The driver was also told that the company’s contract with the transport service had been jeopardised arising from the incident, and said he was no longer allowed to work on the afternoon school run.

The driver told his employer about the child protection issue that had arisen and his meeting with the school principal, before his employer then said he could continue his job as normal.

Around the same time, a transport inspector came onto the bus and asked the driver to sign a folded piece of paper, possibly a form.

The following day, the driver received another call from his employer saying that the principal had been informed by the previous escort that the driver had hit a pole and a curb three months’ previously.

The driver subsequently spoke to the former escort, who denied speaking to anyone about his driving and confirmed that he was a good driver.

The next day, the bus company rang the driver to say that the principal had been informed that the driver was considering using legal protection open to employees.

No further action

The driver received a further call from his employer to say that the principal wanted him to attend her office and retract what he had said, as it was a mistake.

The driver was asked to apologise for showing Mr Y the transport service booklet and confirm that he would not be taking the matter any further.

If he did not apologise, he was told he would not be allowed to work on the afternoon bus run and that his employer’s contract with the transport service would be gone, along with his job.

The driver felt he had done nothing wrong, but went to the principal’s office with the booklet and apologised for showing Mr Y the paragraph in question.

However, the principal said that that was not the apology she needed, but rather a reassurance that he would not be taking any further action.

The driver felt this was strange, but agreed so that the bus could continue to run as normal.

After the meeting, the driver texted his employer to say that the meeting went well and that he hoped the issued had been resolved.

A few days later, the same transport inspector that had previously given the driver a piece of paper to sign approached him to ask about what had happened when he drove over the pole.

The driver said that this was being used to detract from the real issue, which he felt was the safety of children, and told him about his child protection concerns.

On the next bus run, the driver noticed a white car following him and pulling up on the footpath 100 metres behind him when he was dropping off a child.

‘None of his business’

Later, the driver’s employer asked to meet him in his yard with the bus, which was usually kept at the driver’s house.

The driver’s employer showed him an email from the transport inspector the previous day, saying he had driven the bus too quickly and asking him to find another driver.

The driver’s employer said he had no choice but to let the driver go, adding that he was very sorry and would give him a good reference.

In January 2017, the driver communicated his concerns about the situation and the child protection issue to several organisations in a protected disclosure.

As a consequence, he felt his Bus/HGV licence was worthless without reversal of his dismissal because his reputation had been irrevocably damaged.

He also felt that because the transport service operated the majority of local routes, his options for finding alternative employment were greatly curtailed.

When he subsequently sought a P45 and payslip from his employer, the driver was also told that the school principal had told his employer that what went on in the bus was “none of his business”.

Also giving evidence, the driver’s employer confirmed that he had been operating as a sole trader for 38 years and that he has number of contracts with the transport service to provide bus services.

This included a five-year contract for the school bus run in question, which involved bringing special needs children to and from the school.

He also confirmed that he had employed the driver to operate this route on a salary of €120 per week, and did not take any issue with the sequence of events giving rise to the termination the driver’s employment.

He said that he had no issues with the driver’s work, and had been concerned at the manner in which the transport inspector had reached his findings and demanded that the driver was removed from the bus route in question.

The employer said he had followed up to ask the transport service to reinstate the driver, and that he had no control over the driver’s sacking.

He said his business was dependent upon his contract with the transport service, and had been led to believe that his contracts were in jeopardy if he did not agree to sack the driver.

He also confirmed that the decision to terminate the driver’s employment was not down to the protected disclosure he had made.

However, he accepted that he had not followed correct dismissal procedures, nor given the driver a statement in writing outlining the terms of his employment or paid him a sum of one week’s minimum notice in lieu.

Both the driver and his employer agreed that he did not have the requisite 12 months’ service to bring a complaint of unfair dismissal.

The WRC subsequently told the driver’s employer to pay him €480 in relation to a breach of his terms of employment, and a further €120 under the Minimum Notice & Terms of Employment Act 1973.

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18 Comments
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    Mute Sergeant Yates
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    May 6th 2015, 8:51 AM

    A big clap for those students.

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    Mute Brendan Hughes
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    May 6th 2015, 8:56 AM

    Very good.

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    Mute ThatGuy
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    May 6th 2015, 9:45 AM

    More like a standing ovation if it continues! :-)

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    Mute Neal Ireland Hello
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    May 6th 2015, 11:40 AM

    I hereby temporarily withdraw my ongoing objection to puns, due to an unexpected rise in quality.

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    Mute Dermot Lane
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    May 6th 2015, 3:09 PM

    Even if they abstain, they could catch an STD: the slowhand clap!
    Plus they could go blind.

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    Mute Saul Goodman
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    May 6th 2015, 6:42 PM

    Haaaaa ha ha ha ha ha!!!! man, you’ve made my day

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    Mute Peter King
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    May 6th 2015, 8:57 AM

    So they told teenagers not to have sex and they did it anyway. I’m shocked.

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    Mute Tom Doherty
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    May 6th 2015, 8:58 AM

    the immaculate infection

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    Mute Get Lost Eircodes
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    May 6th 2015, 9:01 AM

    “Abstinence is the only method that is 100% effective at preventing pregnancy”

    Didn’t work too well for Mary now did it?

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    Mute Kal Ipers
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    May 6th 2015, 10:12 AM

    Common misconception, Mary was not a virgin. She was like an alter boy in a church and probably about 13. The priests persuaded an elderly Joseph to marry her so she wouldn’t be stoned to death. The immaculate conception was Jesus was born without original sin.
    In modern days if a bunch of priests said a young girl in their care became pregnant not many would believe a magic ghost made it happen.
    I doubt Mary’s education meant she knew what sex was but it doesn’t make her a virgin.

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    Mute Kevin Slater
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    May 6th 2015, 10:44 AM

    Wrong, common misconception, pun intended. The immaculate conception was promulgated in 1953 I think. It refers to Mary being conceived without original son to make her a suitable vessel to bear the son of god, sex being if course filthy and women filthier still. Just more proof that Augustinian theology adopted by the rcc hates humanity and women in paticular.

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    Mute Play Against Par
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    May 6th 2015, 11:09 AM

    Mary from Glenroe? Sure Miley was riding all around him…

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    Mute Mark Gerard Lochlain
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    May 6th 2015, 5:02 PM

    So Mary was really an alter boy?

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    Mute Dylan #YesEquality
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    May 6th 2015, 8:56 AM

    “If kids are not having any sexual activity, they can’t get this disease” This strain of Chlamydia must have spread through osmosis so.

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    Mute Joanna
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    May 6th 2015, 9:02 AM

    Don’t have sex or you’ll get pregnant and die!

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    Mute Sam
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    May 6th 2015, 9:54 AM

    Damn you beat me to it!

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    Mute Larissa Nikolaus
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    May 6th 2015, 11:41 AM

    Sad thing is, even abstinence from sex doesn’t lead to immortality, and if it did, it wouldn’t be an immortality worth living

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    Mute Dara O'Síocháin
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    May 6th 2015, 2:55 PM

    Damn you beat it to me!

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    Mute Mad Mike
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    May 6th 2015, 9:07 AM

    I blame the parents who sent their kids to such a backwards school.

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    Mute Deco James Connolly
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    May 6th 2015, 10:36 AM

    I blame the parents for not teaching their children sex education , it’s a parents place to instil this knowledge not the state of texas .

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    Mute James Mark Donnelly
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    May 6th 2015, 11:13 AM

    Before calling the school backwards, ask how many schools with sex ed have similar or worse stats? Is What exactly is the article’s point? Is it saying that STI’s are higher in schools that encourage abstinence only? and if so, what is that based on, as its only a report on one school in one district, in one state in one nation. Article seems pointless, yet everyone seems to be concluding that its all because of the school that 20 students have an STI.

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    Mute Al Fonso
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    May 6th 2015, 1:01 PM

    @James Chlamydia rates are less than 1 in 100 for girls between 10 and 14 in the US (http://www.cdc.gov/std/chlamydia/stats.htm) even less for boys.

    So, 1 in 15 would be a much higher rate than the average.

    It is proven that abstinence-only education does not help reduce rates of STI whereas proper sex education does. So, in conclusion, logic would dictate that choosing abstinence-only education raises the incidence of STIs amongst students.

    It is not a pointless article, from time to time, irrational and irresponsible choices (such as abstinence-only sex ‘education’) need to be named and shamed so that people demand well researched choices instead.

    Thank you, I know you will not change your mind.

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    Mute James Mark Donnelly
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    May 7th 2015, 1:19 PM

    @Al, change my mind from what exactly? Looking for more information before jumping to conclusions? No matter what you think, you cannot deduce from this article, that abstinence only sex ed leads to STI’s. I don’t give a toss if you are for no sex ed or for the most explicit sex ed, you simply cannot with justification say that this schools sex ed policy has lead to 20 students having an STI. (I am not against sex ed, just to correct your assumption) Those with a bone to chew on the matter would rather jump to conclusions than to be diligent in processing the available info. You are like a bunch of seals clapping fins after being thrown a fish.

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    Mute Avina Laaf
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    May 6th 2015, 9:06 AM

    Well fancy that – nobody could have predicted that…..

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    Mute Joe
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    May 6th 2015, 8:58 AM

    So we’re now covering public health updates from Texas!!

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    Mute IrishGravyTrain
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    May 6th 2015, 9:18 AM

    Yeah its great isn’t it. Weather in Pakistan is up later.

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    Mute Al Fonso
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    May 6th 2015, 1:05 PM

    Hot and dry.

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    Mute JustAoife
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    May 6th 2015, 4:31 PM

    On both counts

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    Mute Knocknaheeny Hollyhill
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    May 6th 2015, 9:25 AM

    I know some schools in the states have this policy only because they receive funding be it state or government. Ireland also has problems regarding sex education. Some Irish schools have in-house sex ed that would not be up to a high standard. Also some schools in Ireland because of their ethos do not allow discussion on contraception in the programme. Some schools do not provide any sex ed programme

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    Mute Jason Maguire
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    May 6th 2015, 11:34 AM

    Two weeks ago I attended an extra curricular talk with my 12 yo. Her primary school brought in an outside counseller to give a sex ed talk. It was after school so if you didn’t want your kid there, you didn’t send them. He gave a comprehensive lecture on puberty development etc and then got the kids to write down any questions they had. In all fairness, it wasn’t the most comfortable couple of hours ive ever spent, but a lot better than the conseqences of not knowing the truth or believing schoolyard rumours.

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    Mute Rory J Leonard
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    May 6th 2015, 8:55 AM

    The shortcomings in Crane High School’s Handbook is nothing to clap about.

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    Mute FastBuck
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    May 6th 2015, 9:58 AM

    Backwards redneck imbeciles. These abstinence only policies are having far more lethal effects in Africa. The majority of US funded HIV prevention programmes in Africa promote this nonsense, in keeping with the bible thumping “moral majority” who every Republican in power panders to for votes. This is killing people.

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    Mute John Ryan
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    May 6th 2015, 1:37 PM

    They got damn lucky in Texas that it wasn’t an outbreak of HIV.

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    Mute Cathal O'Donoghue
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    May 6th 2015, 11:39 AM

    We used this approach for years in Ireland. It’s well known that the solution to teenage pregnancies is to tell young people, particularly girls, absolutely nothing about sex. That way, we never had any problems, so we hadn’t. And before you red thumb me, I’m being ironic.

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    Mute Amy Wallis
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    May 6th 2015, 10:43 AM

    It’s not all down to the school. Ok te school advertises that it doesn’t offer sexual education, but the parents still send their kids there. Unless the school changes its policy (heck, even after) the parents ought to be teaching their kids about safe sex.

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    Mute Paddy Scully
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    May 6th 2015, 9:15 AM

    I wonder what an article such as this proposes to teach. There is an outbrake of chlamydia in one school where they mention abstension. Abstension gives you chlamydia. All schools who support abstension, have outbreaks of chlamydia. Schools who teach absyension have higher incidents of chlamydia than liberal schools. Let’s have more sex in schools to prevent chlamydia.

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    Mute Joe
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    May 6th 2015, 9:19 AM

    I can’t understand how a outbreak of chlamydia in a random high school in the back arse of Texas has anything to do with us here in Ireland or why it’s even worthy of reporting on? I wonder are there any high schools that teach contraception that’s had outbreaks of teen pregnancy?!

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    Mute Markonline
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    May 6th 2015, 9:24 AM

    Yea, it’s a strange one alright, what are the numbers of infections for other schools? What was the male:female ratio of infected students. Do the parents agree that abstinence is the best policy regarding sexual health?

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    Mute Sean Gallagher
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    May 6th 2015, 9:32 AM

    Paddy,

    It’s a well established fact that abstinence only programs such as the one in Crane ISD don’t work.

    The empirical evidence shows that pupils taught in abstinence only schools at best delay sexual contact for 18 months on average and when they do begin to engage in it, they have no information about how to do so safely, leading to increases in risky (e.g. unprotected/untested) sexual contact.

    We’re not talking about “mentioning” abstinence, these programs deny kids the conversation on sex under every frame of reference except abstinence, here is some of the misinformation students are told under the guise of abstinence only:

    - Condoms are not effective in preventing the transmission of HIV and other STIs.
    - Contraception is unreliable and ineffective.
    - Condoms have a high failure rate in preventing unintended pregnancy.
    - Condoms do not protect against human papillomavirus (HPV).

    To answer what you were wondering…

    You, this article proposes to teach, educate and inform you and people like your good self, who aren’t aware that abstinence only programs are in fact leading to higher rates of sexually transmitted illnesses.

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    Mute Joe
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    May 6th 2015, 9:34 AM

    So Sean does that mean that schools who teach about contraception are at fault for any teen pregnancy’s that occur in their schools? Also why not an article on that why some random Texas school? This article is nothing more than clickbait.

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    Mute Sean Gallagher
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    May 6th 2015, 9:42 AM

    No but an outbreak of an STI at a school that refuses to engage with its students on the matter is sorta worth talking about

    If a couple (or it seems in this case, entire class) are forewarned, forearmed and educated on the risks and the “safer” way of doing things and don’t listen, then that’s one thing.

    If the body charged with turning them into well rounded, educated people intentionally avoids giving them that information then that IS their fault (especially when they refuse to do so, with best practice guidelines handed out at a national level).

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    Mute Al Fonso
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    May 6th 2015, 9:48 AM

    The problem isn’t with teaching abstinence, abstinence obviously work. It is the teaching of it that doesn’t seem to work in creating the wanted behaviour. But anyway, the problem isn’t with teaching abstinence, the problem is with NOT TEACHING anything else about sex. Like use of condoms and safe sex in general.

    But hey, Paddy, keep using your flawed logic (and spelling) in order to try to make an (un)compelling argument.

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    Mute Paddy Scully
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    May 6th 2015, 9:50 AM

    @ Sean Gallagher
    I don’t agree Sean. I have no idea what education these pupils actually got. But historically when abstinence was common chlamydia was less common, now that sex education (how to use a condom) is everywhere, std’s are gone through the roof. I note it’s an outbreak of chlamydia, not pregnancy, therefore it is probable that the children were using condoms. We all should know that whereas the failure rate of condoms when used properly is as low a 5%; among teenagers who are as good at using condoms as they are at keeping their rooms tidy, the failure rate is as high as 45%.
    So is is not a well established fact that condoms reduce disease, all of the indications are that condoms lead to more risky behaviour, and higher and increasing levels of disease.
    As for establishing any facts, well one swallow dosent make a summer.

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    Mute Sean Gallagher
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    May 6th 2015, 10:00 AM

    Paddy, please educate yourself on this kinda stuff.

    Sex education is not “how to use a condom” only.
    Just because there is no mention of pregnancy, doesn’t mean none occurred.

    Can you give a citation for that 45% failure rate – or in fact the 5% because it’s widely accepted to be closer to 1%?

    The use of condoms reduces disease. It IS an established fact, it’s recognised by all the major health organisations in the world, WHO, UNICEF, CDC, The VATICAN!!!

    None of the indications show risky behaviour increases with the use of condoms (AIDS epidemic in Africa would even support that). Paddy, I’m afraid you’re behind the times on this one.

    For some light (and I mean actually light not your 150 pages of paid for legal advice) have a look at this:

    http://www.advocatesforyouth.org/publications/publications-a-z/409-the-truth-about-abstinence-only-programs

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    Mute Bunny
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    May 6th 2015, 10:01 AM

    Go home Paddy, you’re drunk.

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    Mute Al Fonso
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    May 6th 2015, 10:06 AM

    Paddy, if I put the condom in my finger instead of my penis, the failure rate is 100%. Your ‘ failure rate is as high as 45%’ is meaningless and, if anything, a very good argument FOR sex education.

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    Mute Martin Meyler
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    May 6th 2015, 10:22 AM

    Hey, Paddy. Maybe there’s a patron saint for chlamydia you could pray to? St. Clappius of Venerea? Prayer rocks!

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    Mute Wayne O'Fathaigh
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    May 6th 2015, 10:31 AM

    Paddy! I don’t think you understand how condones work

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    Mute Al Fonso
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    May 6th 2015, 2:38 PM

    Do you pray before or after the unprotected sex?

    Instead of.

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    Mute Get Lost Eircodes
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    May 6th 2015, 6:26 PM

    No paddy one swallow is luve

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    Mute Niall Mullins
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    May 6th 2015, 10:28 AM

    Sounds to me like it’s French letters they should be sending out.

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    Mute j
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    May 6th 2015, 10:22 AM

    When I read the headline I knew it would be an American school…

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    Mute Niall Mullins
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    May 6th 2015, 10:35 AM

    Yeah, because an Irish school would never have an agenda like that.

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    Mute Daisy Chainsaw
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    May 6th 2015, 12:05 PM

    Should have used sellotape!

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    Mute James Onedin
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    May 6th 2015, 8:57 AM

    Too many antibiotics being prescribed.

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    Mute JJ O Riordan
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    May 6th 2015, 10:15 AM

    No. Not too many antibiotics. Too few johnnies.

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    Mute Nicola Lawless
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    May 6th 2015, 4:59 PM

    Well…..that worked out well!!!

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    Mute Valerie Desmond
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    May 6th 2015, 3:33 PM

    It’s been known for ages that in the USA states where schools teach abstinence -only sex ‘education’ have higher rates of teenage pregnancy than states with proper comprehensive biology classes.

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    Mute Aisling
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    May 6th 2015, 1:26 PM

    Shouldn’t the school get in some sort if trouble?

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    Mute John Ryan
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    May 6th 2015, 2:02 PM

    In Texas you’ll have armed parents especially those of the girls hunting the likkle bolix who defiled their innocent babies.

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