- Volume 1
- Volume 2
-
Volume 3
- Introduction
- Methodology
- Social and demographic profile of witnesses
- Circumstances of admission
- Family contact
- Everyday life experiences (male witnesses)
- Record of abuse (male witnesses)
- Everyday life experiences (female witnesses)
- Record of abuse (female witnesses)
- Positive memories and experiences
- Current circumstances
- Introduction to Part 2
- Special needs schools and residential services
- Children’s Homes
- Foster care
- Hospitals
- Primary and second-level schools
- Residential Laundries, Novitiates, Hostels and other settings
- Concluding comments
- Volume 4
Chapter 6 — Christian Brothers
BackPhilosophy of care
The contention in the Opening Submission for Artane was that emotional needs were not considered at all in the caring of children, because such needs were not recognised in society as a whole. It was clear, however, from the Cussen Report which was published in 1936, and even from earlier Department of Education23 Annual Reports dating back to 1926, that the vulnerability of children who were removed from their parents and placed in care was recognised and understood well before the 1940s. These reports advocated the requirement for something more than mere physical care.
The 1926 Department of Education Report stated: When children have to depend entirely on a school for what their homes should give them, much more than efficient instruction and material comfort is of importance, and it will be obvious that, apart from arrangements for education and physical wants, there is good reason to avoid any exaction of a hard and fast uniformity in other phases of school activity and to encourage whatever may relieve the institutional features of such schools.24
This Report went on to state: Interwoven with all activities of the schools is the moral training of the pupils, each child’s circumstances having to be taken into account – physique, intelligence, habits, recreations, surroundings and the effect of home influences before and after the school period being recognised as factors in the formation of character. Individual tendencies are noted, and, together with character developments, are briefly recorded to enable responsible members of the staffs to draw out the best qualities and to overcome the weaknesses of their pupils as well as to aid managers in making prudent decisions for disposal on discharge.
In 1936 the Cussen Report stated at paragraph 69: It must be borne in mind that the children committed to these schools have been deprived of parental control, where such control existed, and that, in many cases they are children requiring special study and care. It is, therefore obvious, that the person in whose charge they have been placed should be carefully selected for the work which, because of its difficult and peculiar nature, demands qualifications and gifts that might not be considered indispensable in ordinary schools.
The Congregation correctly pointed out that an emphasis on physical care was echoed in the Department of Education inspections. The inspection reports dealt with material and physical aspects of the care of the children with little mention of their emotional well-being. Emotional well-being could have been assessed by talking to the children and the Department Inspectors did not generally do this.
The Christian Brothers stated that the failure of the Department to address this aspect of the work being carried out ‘... gives an indication of how even at that time, the Department viewed the purpose and function of industrial schools’.
The Department of Education’s Annual Report for 1924–1925 set out its function: These schools came under the control of the Department of Education on 1st June 1924. The function of the Department is to certify that the schools are fit for the reception of the young persons and children committed to them. This is carried out by inspection and while the Certificate is in force, State contributions in the form of Capitation Grants are made towards the maintenance of the inmates.25
The Report went on to state: In Saorstát Éireann all Reformatory and Industrial Schools are conducted by voluntary managers, who own the Schools and are responsible for the upkeep of the buildings, the appointment of the staff, the expenditure of the funds and all details of the school management.
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.
Footnotes
- The Holy See is the episcopal jurisdiction of the Bishop of Rome, commonly known as the Pope.
- B. Coldrey, Faith and Fatherland. The Christian Brothers and the Development of Nationalism, 1838–1921 (Dublin: Gill and Macmillan, 1988), p 22.
- There are currently 122 schools in the Christian Brother network in Ireland, according to the Marino Institute of Education website.
- Constitutions (1923).
- The general assembly of representatives from the Congregation of the Christian Brothers.
- Commission of Inquiry into the Reformatory and Industrial School System Report, 1936 (the Cussen Report) (Dublin: Stationery Office).
- A Visitor was a Congregational Inspector who reported back to the leadership of the Congregation. See Supervision/Visitations below.
- 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.
- Cn 653.
- You shall not commit adultery.
- You shall not covet your neighbour’s wife.
- Congregation of the Christian Brothers 1962, Chapter VIII ‘Chastity’, p 23 section 81.
- Const 8 of the 1923 Constitutions.
- Const 97 of the 1923 Constitutions.
- Congregation of the Christian Brothers 1962, Chapter XIII ‘Mortifications & Humilitations’, p 30 section 128.
- The Cussen Report 1936 – Commission of Inquiry into the Reformatory and Industrial School System, para 74.
- This is a pseudonym.
- 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’.
- Suffer the Little Children, by Mary Raftery and Eoin O’Sullivan, 1999, New Island.
- O’Brien Institute.
- This is a pseudonym.
- P394 Circular Letters 1821–1930
- Department of Education Annual Report 1925/1926.
- Report of the Department of Education for the School Years 1925–26–27 and the Financial and Administrative Year 1926–1927, p 83.
- Report of the Department of Education for the School Year 1924–1925 and the Financial and Administrative Years 1924–25–26, p 84.
- 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).
- Rules and Regulations for the Certified Industrial Schools in Saorstát Éireann Approved by the Minister of Education under the Children Act, 1908.
- The Department submit this wording ‘education provision’ in other words the internal national school.
- Section 24 of The Non-Fatal Offences Against the Person Act 1997 provided:
- the rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished.
- With the removal of this immunity, teachers are now subject to section 2(1) of the 1997 Act which provides that:
- 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.
- This is a pseudonym.