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Chapter 6 — Christian Brothers

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How the Brothers responded to the allegations of abuse

158

The Australian Brothers also stated that they had conducted their own independent inquiries, which had yielded convincing evidence. If the Irish branch had examined the records and consulted members and former Brothers, it would also have discovered convincing evidence that serious cases of abuse had occurred in the Irish institutions.

Rome Files and documentary evidence

159

In the Emergence hearings in July 2004, Br Gibson described how files, which came to be known as ‘The Rome Files’, came to the attention of the Leadership Team in Ireland.

160

In 2003, the Leadership Team took the decision to employ an archivist to look at all the documents in the possession of the Congregation. This archivist was asked to go to Rome to look at the files there that related to the Irish Communities for any references to abuse. He explained that, in the early 1960s, a decision was taken to move the Congregation’s headquarters from Dublin to Rome. The management team brought with them the relevant archives for their own work, and left in Ireland the files and records that dealt with the Christian Brothers in Ireland.

161

Br Gibson explained: However, when our archivist went to Rome, she came across their minute books of their Council decisions, the General Council decisions. In those, she came across details of allegations of abuse in the institutions in Ireland that did not exist in our files ... Yes, all of these dealt with incidents of child abuse in our institutions between, say, 1930 and when they closed.

162

Br Gibson outlined the number of allegations recorded in respect of residential schools: ... we came across details of incidents of abuse in our institutions in Ireland. We came across eleven incidents of child abuse in Artane, ten in our day schools, three in Letterfrack, two in Tralee, two in the OBI,20 and two in Glin. Now, what we came across was that there had been information given to the Leadership Team at the time when they occurred. These allegations had been investigated. The investigation included getting the boys to write out what had happened to them and the boys had done that in some cases – well, in one case at the moment we have one incident of that. Then they had at the end of what they called a trial, they had a decision made, and the decision was either to give a Canonical Warning to the person, they were dismissed from the Congregation or they were rejected for the application for vows that year. Now, we wouldn’t have the details of all the allegations, but a lot of material has emerged there which we didn’t know about ... It shows that there were individual cases of abuse. It wasn’t, in a sense, systematic or widespread, but over 30 years in Artane there were eleven cases that had been discovered at the time they had occurred.

163

Br Gibson went on to state that, in 1990, the Leadership Team in Ireland was not aware of the existence of these files at all. He asserted that it was only when he saw these files that he understood the comments that he saw in the Constitutions and Acts of the Congregation emphasising that a Brother should never be alone with a child. He said: That makes sense in the light of this discovery of complaints where children were abused in the institutions.

164

He confirmed that there was no mention of the children in these records: The focus was on the culpability of the person who did it and I am not sure how much was done for the children who suffered.

165

The Rome Files were made available to the Committee after the Emergence hearings had been completed. They contained details of applications for dispensations or disciplinary hearings in respect of more than 130 Brothers. At least 40 of these cases referred specifically to improper conduct with boys. In the majority of cases, the actual crime being investigated was not detailed, and phrases such as ‘evidenced unsuitable moral character’ or ‘grave misconduct’ or ‘caused scandal’ were used when recommending a dispensation.

166

The Rome Files were by no means exhaustive. Brothers who left the Congregation before any allegations came to the attention of the authorities would not appear in the Rome Files.

167

In addition, the Brothers who left following allegations of abuse did not appear in these files. For example, Mr Brander21 a former Christian Brother, did not feature although he received a Canonical Warning for sexually abusing boys in 1953 and was ultimately dispensed from his vows in the late 1950s.

168

The Rome Files make it impossible to contend that the issue of abuse and, in particular, sexual abuse of boys was not an urgent and continuing concern to the Congregation. In circumstances where the issue of abuse in institutions had been the object of so much media attention from 1995 onwards, it is surprising that these files were only discovered to the Committee in 2004.

169

The scale of the problem as revealed in these documents was very serious. When other features of abuse are taken into account, there is reason to believe that the amount of such abuse was substantially greater than is disclosed in these records. First, there was the recidivistic nature of child abuse; secondly, children were frightened and reluctant to speak about it; and thirdly, many adults experienced difficulty in dealing with it.

170

In light of the investigations that had taken place in other jurisdictions and the evidence contained in their own archives, together with the complaints received, the Leadership Team in this country could be in no doubt that sexual abuse of children in their care had occurred at an unacceptably high level in their institutions.

171

In the circumstances, although it was legitimate to protest about exaggerated allegations and false claims, which were undoubtedly made in some instances, it was also the case that an attitude of scepticism and distrust of all complaints was unwarranted and unjustified.

The Congregation and the Commission

172

The Christian Brothers, like every other Congregation coming to the investigation, had to decide what position to adopt on the various issues that arose including: The quality of life generally for the children in its institutions; How it would approach the issue of whether abuse of children took place in the institutions; and How it would conduct itself at the private hearings.


Footnotes
  1. The Holy See is the episcopal jurisdiction of the Bishop of Rome, commonly known as the Pope.
  2. B. Coldrey, Faith and Fatherland. The Christian Brothers and the Development of Nationalism, 1838–1921 (Dublin: Gill and Macmillan, 1988), p 22.
  3. There are currently 122 schools in the Christian Brother network in Ireland, according to the Marino Institute of Education website.
  4. Constitutions (1923).
  5. The general assembly of representatives from the Congregation of the Christian Brothers.
  6. Commission of Inquiry into the Reformatory and Industrial School System Report, 1936 (the Cussen Report) (Dublin: Stationery Office).
  7. A Visitor was a Congregational Inspector who reported back to the leadership of the Congregation. See Supervision/Visitations below.
  8. An association where the main object is the well-being and improvement of a different group of persons, such as men, women and children, or more specially, priests, youths, church helpers, prisoners, immigrants, nurses, married people, couples, etc.
  9. Cn 653.
  10. You shall not commit adultery.
  11. You shall not covet your neighbour’s wife.
  12. Congregation of the Christian Brothers 1962, Chapter VIII ‘Chastity’, p 23 section 81.
  13. Const 8 of the 1923 Constitutions.
  14. Const 97 of the 1923 Constitutions.
  15. Congregation of the Christian Brothers 1962, Chapter XIII ‘Mortifications & Humilitations’, p 30 section 128.
  16. The Cussen Report 1936 – Commission of Inquiry into the Reformatory and Industrial School System, para 74.
  17. This is a pseudonym.
  18. There were three programmes broadcast by RTE in 1999 in the ‘States of Fear’ series: ‘Industrial Schools and Reformatories from the 1940s-1980s’, ‘The Legacy of Industrial Schools’, and ‘Sick and Disabled Children in Institutions’.
  19. Suffer the Little Children, by Mary Raftery and Eoin O’Sullivan, 1999, New Island.
  20. O’Brien Institute.
  21. This is a pseudonym.
  22. P394 Circular Letters 1821–1930
  23. Department of Education Annual Report 1925/1926.
  24. Report of the Department of Education for the School Years 1925–26–27 and the Financial and Administrative Year 1926–1927, p 83.
  25. Report of the Department of Education for the School Year 1924–1925 and the Financial and Administrative Years 1924–25–26, p 84.
  26. Rules and Regulations for the Certified Industrial Schools in Saorstát Éireann Approved by the Minister of Education under the 54th Section of the Act, 8 Edw VII., Ch 67, clauses 12 and 13 (see DES chapter).
  27. Rules and Regulations for the Certified Industrial Schools in Saorstát Éireann Approved by the Minister of Education under the Children Act, 1908.
  28. The Department submit this wording ‘education provision’ in other words the internal national school.
  29. Section 24 of The Non-Fatal Offences Against the Person Act 1997 provided:
  30. the rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished.
  31. With the removal of this immunity, teachers are now subject to section 2(1) of the 1997 Act which provides that:
  32. a person shall be guilty of the offence of assault, who without lawful excuse, intentionally or recklessly, directly or indirectly applies force to and causes an impact on the body of another.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.
  33. This is a pseudonym.