Chapter 6 — Christian Brothers

Rules and regulations governing corporal punishment

He concluded with a strong exhortation to his members to restrict corporal punishment ‘within the narrowest limits’: The Brothers generally would do well to bear in mind that the growing spirit of the times is opposed to corporal punishment in the schools. The tendency is to abolish it. In some countries it is positively forbidden, and illegal, for the teacher to punish a child for any cause. He must find other and more rational methods of dealing with him. Other countries are much ahead of Ireland in this respect; but even in Ireland the same tendency is manifesting itself – to restrict corporal punishment in schools within the narrowest limits. It would not be to the credit of the Brothers, as educators, to be found at the rear of this movement when they should rather lead the way.

The 1920 Chapter was even more specific. It set down guidelines for corporal punishment which included the advice that it should not be administered within one hour of starting or finishing school and that numbers of boys should not be punished at the same time. It stated that: the strap ... shall not exceed 13 inches in length; 1¼ in width and ¼ inch in thickness; in junior schools the strap is to be of smaller dimensions ... No child shall be punished on any part of the body save on the palm of the hand.

The rules were revised in 1930 and stated: It must be the aim of every Brother to reduce corporal punishment to the minimum. Frequent recourse to corporal punishment indicates a bad tone and ineffectual discipline ... Corporal punishment should be administered only for grave transgressions – never for failure in lessons. The principal teacher only, or a Brother delegated by a Superior, shall inflict the corporal punishment. An interval of at least ten minutes should elapse between the offence and the punishment. Only the approved leather strap may be used for the purpose of inflicting the corporal punishment. The strap is to be left on the master’s desk except when in actual use. The boxing of children’s ears, the pulling of their hair and similar ill treatment are absolutely forbidden. The particulars required by the headings in the corporal punishment book should be entered in that book before the infliction of the punishment.

Residential institutions were specifically brought within these Acts of Chapter relating to corporal punishment, which were the rules applying to Christian Brothers throughout the period relevant to this inquiry.

The prohibition on striking a child on any part of his body other than the palm of the hands, which was reiterated in the 1910 and 1920 Chapter, was omitted in the 1930 rules and did not appear again in any of the rules set down by the General Chapters until 1966.

As long as corporal punishment was tolerated, the possibility of abuse existed and this was recognised by Br Noonan, Superior General, in 1930: The opinion amongst educators that corporal punishment should be altogether abolished in schools is hardening. While admitting its decline in our schools, the Committee felt, and the Higher Superiors are aware, that abuses have arisen; and they will recur, I fear, as long as our regulations give any authority for the infliction of corporal punishment. Let us aim at its complete abolition in our schools and anticipate legislation which would make its infliction illegal.

The 1930 rules were adopted verbatim in 1947 and in the 1960s, and circulars were sent to all institutions requesting moderation and decorum in the use of the strap. In 1966, for example, the Acts of General Chapter stated: It must be the aim of every Brother to reduce corporal punishment to a minimum. It should be administered for serious transgressions only – never for mere failure in lessons. Only the approved leather strap may be used for the purpose of inflicting corporal punishment. Not more than two strokes on the palm of the hand are to be administered on any occasion. The strap is to be left in the Master’s desk except when in actual use. The Department’s regulations should be borne in mind.

This was the first time that Government regulations were referred to, but the recommendation was that they should be borne in mind rather than adhered to as a legal obligation. This was addressed in 1968 when the Acts of Chapter stated: Government regulations must be observed in the administration of corporal punishment and it must be the aim of each Brother to reduce it to a minimum.

Abolition of corporal punishment did not occur in Irish schools until 1st February 1982, when a Department of Education circular stated that any teacher who used corporal punishment was now to be ‘regarded as guilty of conduct unbefitting a teacher’ and would be subject to ‘severe disciplinary action’.

Although this circular could have provided grounds for a civil action against a teacher who acted in breach of it, it was not until 199729 that physical punishment by a teacher became a criminal offence.

For over 100 years the Acts of Chapter recommended that corporal punishment should be minimised and ultimately abolished. It is inexplicable, therefore, that Brothers who were in serious breach of the Congregation’s own rules were tolerated and protected by the Congregation. Complaints by parents or lay-persons were discounted, even when these complaints reached the Provincial Leaders, notwithstanding the clear understanding the Congregation had of the danger posed by abuse of this rule.

As already cited a submission made by the Christian Brothers and other Congregations on the subject of corporal punishment and physical abuse is that the historical context is essential to any investigation, and particularly the fact that such punishment was permissible and widespread in schools and homes at the relevant time. The chapters that follow recount details of corporal punishment which by any standards, at any time, amounted to physical abuse.

Punishment book

Under the 1933 Rules and Regulations for Certified Industrial Schools, all such schools were required to keep a punishment book in which all serious punishments were to be recorded.

There was no evidence that the Christian Brothers kept such a book in any of their residential schools during the relevant period. To require exclusive reliance on records and documentation was a difficult position to justify, because the Brothers themselves failed to keep the records that were required by law, and which were intended to allow external inspectors to see that regulations were being complied with.

However, such documents that do exist are an important source of information. In the chapters on each individual institution that follow, a detailed examination of the records precedes the oral evidence heard by the Committee in the hearings.