Chapter 6 — Christian Brothers

Joining, leaving and transferring

One former Brother described his experiences as follows: [it was a] well run [boarding school] ... much better run school than the one I had left ... It was immensely pleasant and companionable and I have nothing only good memories of it. I had no trouble about it I think in my mind ... When I went to the juniorate, to Old Connaught, there was no corporal punishment, there was no sense of fear. They were much better. I think I had a particularly bad set of teachers in [a named National school], but there was good teaching and everything was structured. I think again, a good boarding school operates on keeping you busy all the time and we were certainly kept busy all the time ...

Other Brothers described a similarly positive experience. One Brother said that ‘the staff were very good, they were very good teachers ... they were excellent teachers’. Another former Brother, who was critical of many aspects of the training process, said that; ‘I have very happy memories of Baldoyle. It was a very friendly place. We got on very well with each other. It was happy go lucky. We were very well treated. I have no particular axe to grind about ... Baldoyle’.

In his article ‘Seven Years in the Brothers’, Professor Tom Dunne described the contrast between the juniorate he attended and his old schools as ‘remarkable’: Here there was no corporal punishment and bullying was not tolerated. We were treated fundamentally as adults who had taken on immense responsibilities, and as new members of the Community. The teachers were all Brothers, and were among the best the Congregation had. It was all profoundly civilised, carefully disciplined and immensely caring.

A boy could not enter the Novitiate until he was 15 years of age, at which point he wore the habit of the Congregation. When he had completed his Leaving Certificate, he spent a year in the Novitiate studying religion. He took his first religious vows on the first Christmas Day after the completion of the Novitiate. These were temporary vows and were renewed annually.

Having completed the Novitiate, the temporarily professed Brother was sent to the Congregation’s Teacher Training College in Marino to study primary school teaching. The course was two years in length, but the Congregation was given a dispensation from the Department of Education whereby its members left the college when they completed their first year to work in schools run by the Congregation. After a number of years working in the field, the Brothers returned to college to complete their second year and become fully qualified National Teachers. This arrangement with the Department delayed the acquisition of the National Teacher qualification.

The rules of the Congregation provided that a temporarily professed Brother could not take perpetual vows until he was 25 years old and had made temporary vows for at least six years. In this regard, the rules of the Congregation differed from the requirements of Canon Law, under which an individual could make permanent vows at 21 years of age.

The combination of these provisions meant that young Brothers were unable to acquire their qualifications as teachers until they were well advanced towards a binding commitment to their vocations. These young, temporarily professed Brothers were often sent to industrial schools to teach for a number of years before returning to Marino. They were put in charge of large classes of boys and were also expected to perform supervisory duties in the afternoons and evenings and throughout the weekend. They had neither the teacher training nor the childcare training to equip them for this task.

An individual could leave the Congregation voluntarily or he could be dismissed. The rules governing the departure and the dismissal of religious are contained in the Constitutions of the Congregation and the Code of Canon Law 1917.

The rules draw a distinction between Novices, temporarily professed Brothers, and perpetually professed Brothers. Novices could leave voluntarily at any time, as they had not taken any vows. The General or Provincial Councils could dismiss them for ‘just reasons’, and there was no requirement to inform the Novice of the reasons for his dismissal. The decision to dismiss the Novice was taken by the General or Provincial Council.

A temporarily professed Brother could leave voluntarily at the expiration of his annual vows. The Superior General or the General Council could dismiss him for ‘grave reasons’. He was entitled to be told the reason for his dismissal, and had the right to have an opportunity to defend himself and to appeal to the Holy See. The Congregation also had the power to refuse to permit a Brother to renew his vows for ‘just and reasonable motives’. The evidence before the Committee indicated that the latter was the preferred method of removing temporarily professed Brothers.

Having taken perpetual vows, a perpetually professed Brother could only leave the Congregation voluntarily by applying to be dispensed from his vows. In Pontifical Congregations such as the Christian Brothers, only the Holy See could grant a dispensation from perpetual vows. This power was sometimes delegated to an Apostolic Visitor, who could grant a dispensation where he considered it wise and necessary to do so. If Rome granted it, the local Bishop formally executed the indult. The discovery material indicated that Brothers who wished to be dispensed applied first to the Provincial Council who, if they voted in favour of the request, would forward it to the General Council. If they in turn voted in favour, it was sent to the relevant Secretariat in the Vatican. A dispensation was not automatically granted.

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.