Chapter 6 — Christian Brothers

Joining, leaving and transferring

The dispensation procedure was often utilised in cases of suspected sexual abuse. Where the authorities were satisfied that a particular individual had committed the acts complained of, he was encouraged to apply for a dispensation instead of having to undergo the dismissal procedure.

This method of dispensation was also employed in cases where the dismissal procedure had been instituted and the General Council had taken the decision to dismiss the Brother but the decree of dismissal had not been issued. The Brother would be invited to pre-empt the dismissal by applying for voluntary dispensation and could leave the Congregation without stigma.

If a Brother was accused of a serious offence under Canon Law or the rules of the Congregation, and the authorities were satisfied as to the truth of the allegation, but the Brother refused to apply for a dispensation, they were left with no option other than to institute formal dismissal proceedings. A perpetually professed Brother could not be dismissed unless he had committed an ‘external grave delict’, had received two warnings about his conduct and had failed to correct his behaviour. These admonitions were known as Canonical Warnings, and the immediate major Superior administered them personally or had them administered by a colleague acting on his instructions. The warning was composed of two parts: the first was a call to correct the offending activity and to do the appropriate penances; and the second was a threat of dismissal. In addition, the Superior was ‘bound’ under Canon Law to remove the offending Brother ‘from the occasion of relapse even by transfer if it is necessary to another house where vigilance is easier and the occasion of delinquency is more remote’. The Canon Law set out what constituted a ‘grave delict’ and it included sexual offences against minors. The rules required that each of the three offences must have been of the same type, or, if different, have been ‘of such a nature that when taken together they manifest the perversity of the will resolved on evil’. The rules also provided that one continuous offence could give rise to dismissal if it ‘from repeated admonitions, has virtually become threefold’.

If a Brother had been issued with two Canonical Warnings and had committed a third delict, his case was forwarded to the Superior General and the General Council, who then considered whether he should be dismissed. The Brother was given the opportunity to defend himself, and Canon Law required that his responses be entered in the records. The General Council then voted on whether the Brother should be dismissed. If a majority of the votes was in favour of dismissal, the Superior General issued a formal decree of dismissal, which was forwarded to the Holy See for confirmation. The Brother had a right to appeal the decision to the Holy See. Even if the dismissal was confirmed, the Brother remained bound by his religious vows until he applied for, and was granted, a dispensation by the Holy See.

Canon Law and the Constitutions of the Congregation also provided for immediate dismissal in the case of ‘grave external scandal, or of serious imminent injury to the Community’. In this situation the decree of dismissal was issued by the Provincial with the consent of his Council, or ‘if there is danger in delay’ by the local Superior with the consent of his Council and the Local Bishop. The case was then forwarded to the Holy See for judgment.9

The dismissal process which took place in the General Council, and which was often described as a canonical trial, is different from the formal canonical trial provided for in the Code of Canon Law, which describes the procedure for the dismissal of religious priests or members of non-exempt religious orders, and the procedure for the dismissal of members of diocesan congregations.

How Brothers were transferred

The Congregation was a large national organisation that moved its members around periodically. The regularity with which Brothers were moved depended on the functions they performed and where they were working. Teaching Brothers were moved more regularly than Coadjutor Brothers.

Industrial schools were perceived as hardship postings and they had a high turnover of staff. The vow of obedience meant that Brothers had to accept their postings no matter how unpleasant they found them to be.

Young Brothers were often appointed to teaching positions in industrial schools. The posting of Brothers happened at the same time each year, at the start of a new academic year. Brothers transferred outside of this period often excited comment, because the sudden transferring of a Brother could signal a serious punishment. No contemporaneous information exists concerning the criteria that were used to assess the suitability of Brothers for particular postings. However, the records of the Congregation show that, on a number of occasions, individuals who were accused of sexual abuse were transferred to other residential or day schools. In some cases, Brothers who had been sexually abusing children were, in their later careers, appointed to senior positions within the Province. When asked at the Phase I hearing for Letterfrack how this had happened, Br Gibson explained that, because the leadership in the Congregation changed every 12 years, there was no memory within the organisation of offences committed before that. He acknowledged that there was a personal file for each Brother and concluded that these files were not consulted in making appointments.

If Br Gibson’s theory is correct, it means either that the Provincial Council made its decision to fill senior posts without reference to the Brother’s history or to his personal file, or that the Council made its assignment in the knowledge of the man’s previous trouble.

Impact of religious life on institutional care

Christian Brothers took the traditional vows of poverty, chastity and obedience, as well as two additional vows, namely ‘perseverance in the congregation’, and, for teaching Brothers, ‘teaching the poor gratuitously’. They differed in this regard from the Coadjutor Brothers, who did not teach, and whose commitment was to domestic chores in communities.

The vow of poverty required Brothers to deprive themselves of the right of disposing of anything of monetary value without the permission of their Superiors. They were not allowed to accept, take or retain anything for themselves save what they were allowed by their Superiors. They were required to give to the Congregation whatever they acquired by their industry or ability while under temporary or perpetual vows.

Constitution 87 relates to the vow of chastity. It ‘not only obliges the Brothers to celibacy, but also imposes upon them the obligation of avoiding everything contrary to the sixth10 and ninth11 Commandments of God’12. In addition to the injunctions against adultery and coveting one’s neighbour’s wife, the Brothers were to restrict communication with women to a minimum. Constitution 89 spelled out what was required: The Brothers, in their interviews with the mothers or female friends of their pupils and in all conversations with females, must observe great reserve and modesty and make the conversations as brief as possible.

Constitution 91 deals with relations between Brothers and their pupils. It states: Whilst the Brothers should cherish an affection for all their pupils especially the poor, they are forbidden to manifest a particular friendship for any of them. They must not fondle their pupils; and unless duty and necessity should require it, a Brother must never be alone with a pupil.13

The meaning of the word ‘fondle’ was discussed during the public hearings into Letterfrack Industrial School, when Br Gibson, on behalf of the Congregation, argued that the word did not have a sexual connotation, notwithstanding its location in the chapter of the Constitutions dealing with chastity.