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Chapter 6 — Christian Brothers

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Philosophy of care

188

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

189

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’.

190

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

191

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’.

192

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.

193

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

194

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.

195

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.

196

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

197

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.

198

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

199

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.

200

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.

201

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.

202

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.


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.