Chapter 6 — Christian Brothers

Philosophy of care

The Department did not assert control over the daily management of the schools or the way in which care was provided. The Department was at fault because it failed to supervise the institutions to ensure that the emotional needs of the children, which it had recognised from 1925, were being met. That did not exempt the Congregation from responsibility for its own failure in this regard. Moreover, the Christian Brothers had been educating children and managing industrial schools since the preceding century and were therefore, in a position to identify the failings of the system and to address them.

The Christian Brothers’ position on whether abuse occurred in their schools

Br Reynolds gave evidence in public to the Investigation Committee on 15th September 2005 regarding Artane. He prefaced his evidence with his general view that the picture presented of Artane from the late 1980s through media coverage and publicity was largely negative and seriously unbalanced. He stressed the need for balance because, ‘the Congregation’s position is that Artane in the whole and in the round was a very positive institution’.

This was a position adopted in the Submissions in respect of the four Christian Brothers’ schools examined in detail by the Committee.

The basic stance that their institutions were not abusive and provided a positive experience for the boys led Br Reynolds to be sceptical of evidence to the contrary. As far as the Congregation were concerned, when something was documented it was more likely to make some concessions but not otherwise. An example of this was when he was asked about boys being punished for bed-wetting. Even though individual Brothers had conceded that this occurred and many ex-residents had testified about their experience, he was unable to accept that punishment for bed-wetting was a feature of life in industrial schools: ‘Yes, they may have happened in instances, and all I am saying is I haven’t any documentary evidence’.

Evidence from Brothers and ex-Brothers was regarded as potentially fallible unless backed up by documentation. For this reason, in preparing their Submissions, the Congregation stated that they took no account of the statements of complaints made by former pupils. They confined themselves for this exercise to the archive material. He accepted that they had cross-checked documented evidence with people in the Congregation as a separate exercise, but these results did not form part of the public statement, and were a matter for private hearings. He was challenged about the limited picture that the 11 instances documented in their records for Artane gave of the situation, and his response was that he depended only on what he could find in the documentation and these were presented to the Commission, and thereafter it was up to the Committee to decide.

On the issue of corporal punishment, the Christian Brothers submitted that the industrial schools were no different from other schools in that they all accepted the use of corporal punishment.

Rules and regulations governing corporal punishment

The official rules and regulations governing corporal punishment are set out above. For the convenience of the reader they are repeated in this section. There were two sets of rules for the use of corporal punishment, one consisting of the rules and regulations produced by the Department of Education,26 and the other was set down by the Congregation.

The 1933 Department of Education Rules and Regulations for Certified Industrial Schools were aimed at reducing corporal punishment to a minimum and to controlling as far as possible such punishments as were inflicted. Regulation 13 stated: Punishment shall consist of:— Forfeiture of rewards and privileges, or degradation from rank, previously attained by good conduct. Moderate childish punishment with the hand. Chastisement with the cane, strap or birch. Referring to (c) personal chastisement may be inflicted by the Manager, or, in his presence, by an Officer specially authorised by him, and in no case may it be inflicted on girls over 15 years of age. In the case of girls under 15, it shall not be inflicted except in cases of urgent necessity, each of which must be at once fully reported to the Inspector. Caning on the hand is forbidden. No punishment not mentioned above shall be inflicted.

This regulation was prefaced by a clause which counselled caution in its use. It said: The Manager or his Deputy shall be authorised to punish the Children detained in the School in case of misconduct. All serious misconduct, and the Punishments inflicted for it, shall be entered in a book to be kept for that purpose, which shall be laid before the Inspector when he visits. The Manager must, however, remember that the more closely the school is modelled on a principle of judicious family government the more salutary shall be its discipline, and the fewer occasions will arise for resort to punishment.27

The 1946 Rules and Regulations for National Schools applied to the education28 provision within the industrial and reformatory schools. Instruction in regard to the infliction of Corporal Punishment in National Schools 96.(1)Corporal Punishment should be administered only for grave transgression. In no circumstances should corporal punishment be administered for mere failure at lessons. (2)Only the principal teacher, or such other member of the staff as may be duly authorised by the manager for the purpose, should inflict corporal punishment. (3)Only a light cane or rod may be used for the purpose of corporal punishment which should be inflicted only on the open hand. The boxing of children’s ears, the pulling of their hair or similar ill-treatment is absolutely forbidden and will be visited with severe penalties. (4)No teacher should carry about a cane or other instrument of punishment. (5)Frequent recourse to corporal punishment will be considered by the Minister as indicating bad tone and ineffective discipline.

This rule did not permit the use of the leather strap in the classroom.

In November, 1946 a circular Cir. 11/46 prepared by Michael Ó Síochfhrada, the Department Inspector, gave more detailed guidelines. The title of the circular was ‘Discipline and Punishment in Certified Schools’. It impressed upon Resident Managers their ‘personal responsibility to ensure that official regulations’ on matters of discipline and punishment were ‘faithfully observed by all members of the staffs of their schools’. The circular stated corporal punishment should only be used as a last resort where other forms of punishment had been unsuccessful as a means of correction.

The Circular went on to stipulate: Corporal punishment should be administered for very grave transgressions and in no circumstances for mere failure at school lessons or industrial training. Corporal punishment should in future be confined to the form usually employed in schools, viz., slapping on the open palm with a light cane or strap. This punishment should only be inflicted by the Resident Manager or by a member of the school staff specially authorised by him for the purpose. Any form of corporal punishment which tends to humiliate a child or expose the child to ridicule before the other children is also forbidden. Such forms of punishment would include special clothing, cutting off a girl’s hair and exceptional treatment at meals.

The Circular attempted to marry the provisions of the 1933 Rules and Regulations for Certified Schools with the new 1946 Rules and Regulations for National Schools. In so doing a certain amount of ambiguity arose with regard to the use of a leather strap in the classroom which was clearly not permitted in the classroom by the 1946 Rules and Regulations.

In December 1946 Cir.15/46 prepared by Michael Breathnach, Secretary of the Department of Education and entitled ‘Circular to Managers and Teachers in regard to the infliction of Corporal Punishment in National Schools was sent to all national schools’. It appears from this document that two additions were made to Section (1) and (3) which did not appear when the original 1946 rules and regulations were circulated to the schools: 96.(1) Corporal Punishment should be administered only for grave transgression. In no circumstances should corporal punishment be administered for mere failure at lessons. (3) Only a light cane or rod may be used for the purpose of corporal punishment which should be inflicted only on the open hand. The boxing of children’s ears, the pulling of their hair or similar ill-treatment is absolutely forbidden and will be visited with severe penalties.