Chapter 6 — Christian Brothers

Rules and regulations governing corporal punishment

The Christian Brothers had their own rules and regulations in their Acts of Chapter and circular letters and, from the earliest days of that organisation, minimal use of corporal punishment was advocated. In the regulations made at the annual meetings of the Managers between 1881 and 1906, the position was clearly stated: 8. No instrument of punishment is to be allowed in the institution except the strap of leather. No boy shall be punished therewith on any part of the body save on the palm of the hand. 10. Extraordinary punishments are to be inflicted by the Manager only, or by some one specially appointed by him, and in his presence.

The dangers of excessive or abusive physical punishment were well understood by the Congregation. In 1900 the Superior General, Br Moylan, wrote on the topic of corporal punishment in his first circular letter: Though the Rule (Const 180, Acts of Chapter 65; D and R Chap L.1) contains definite instructions relative to the use of Corporal Punishment in our School, the Chapter desired I should refer to it in this Circular. Indeed, there are few matters I wish to urge with greater insistence upon the attention of the Brothers and especially of the young Brothers, than the evil done by the use of injudicious punishment when correcting faults of their pupils. Corporal punishment is always degrading, and is more or less so according to the nature of the corrective used. Apart from the physical pain endured, the child’s nature shrinks from the shame which its infliction inspires; the boy’s incipient manhood revolts against it. Given in excess or when undeserved, it does harm which runs through a whole lifetime; it is never forgotten and sometimes never forgiven. The remembrance of such punishment sinks into the retentive memory of childhood, and there remains in clear outline and with every aggravating detail, when even the wrongs of after years have been well nigh forgotten. Corporal punishment should be resorted to only when every other means of correction has failed. In some instances it should not be employed at all, as it serves only to render the delinquent more obdurate, and to hurry him more rapidly along the evil course from which it was intended to turn him aside.

Br Moylan continued with an uncompromising indictment of unfair or excessive punishment that echoed through the century that followed and has immediate resonance with the work that was undertaken by the Commission: He does far worse who punishes when punishment is not deserved, or exceeds what the child’s own consciousness of justice tells him should not be overstepped. Such chastisement is brooded over and resented as a wrong which, perhaps, even years of kindness may not entirely obliterate. Sometimes it does incalculable injury. Long after it is recalled with bitterness, and associated unhappily not merely with the teacher who inflicted it, but with religion itself.

Br Moylan’s words were not generally adhered to, as was clear from the circular written by his successor, Br Whitty, in 1906: At the General Chapter of 1900, Acts were framed to lessen the amount of corporal punishment in the schools. Conditions were prescribed for the use of it; and various restrictions imposed to prevent its abuse. In many schools, and even in many establishments, these regulations faithfully were carried out, in the proper spirit, and with the best results. In other schools – the minority truly, but still, I regret to say, too large minority – it was not so. In these schools much of the old spirit continued to prevail. The restrictions, laid down by the Chapter, were either ignored, or but half observed, and even that grudgingly. The Brothers in these schools set up a standard to suit their own ideas of what was, and what was not, legitimate punishment in given cases. These Brothers also decided for themselves the proper times and occasions for administering corporal punishment-and not in accordance with Rule. This course of action was very improper, very censurable and could not have the blessing of God.

Br Whitty went on to recount the consequences of such behaviour as including discontent in the classrooms and even petitions from parents calling for the removal of Brothers.

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.