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Chapter 4 — What the schools were required to do

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Punishment book

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Pursuant to regulation 12 of the 1933 Rules and Regulations for Certified Industrial Schools, all industrial schools were required to keep a punishment book, in which all serious punishments were to be recorded. Only two such books, relating to a short period of time,4 were discovered to the Investigation Committee in the course of its inquiries, indicating that there was a complete disregard for this requirement on the part of school Managers. This had serious implications for the work of this Committee. Any investigation into historical abuse depends, amongst other factors, on proper records being maintained; and the information gleaned from one of the punishment books, from St Patrick’s Industrial School, Upton, would indicate that such records would have been a very important reference for the investigation.


Footnotes
  1. Regulation 12 of the Rules and Regulations for the Certified Industrial Schools in Saorstát Éireann, 1933, approved by the Minister of Education under the Children Act, 1908.
  2. The Department submits this wording ‘education provision’ means, in other words, the internal national school.
  3. Section 24 of the Non-Fatal Offences Against the Person Act, 1997 provides:
  4. ‘The rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished’.
  5. With the removal of this immunity, teachers are now subject to section 2(1) of the 1997 Act, which provides that:
  6. ‘A person shall be guilty of the offence of assault, who, without lawful excuse, intentionally or recklessly—
  7. (a) directly or indirectly applies force to or causes an impact on the body of another ...’.
  8. Teachers who physically chastise pupils may now be guilty of an offence and liable to 12 months’ imprisonment and/or a fine of £1,500, pursuant to section 3(1) of the 1997 Act.
  9. St Patrick’s Industrial School, Upton, County Cork and St Joseph’s Industrial School, Dundalk, County Louth.