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Chapter 6 — Christian Brothers

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How the Brothers responded to the allegations of abuse

151

Another part of the Brothers’ reaction to the issue was its contribution to the Residential Institutions Redress Scheme. In its statement to the Commission prior to the Emergence Hearings, the Congregation stated that it had wished to make ‘a meaningful contribution’ to the scheme, but this decision was not based on a sense of culpability or negligence but on a pastoral desire to bring healing and closure. Other reasons included: A greater number of former residents would get redress from the scheme than they would through the courts; The experience would be less adversarial and less stressful; The money would go directly to the former residents; It would be faster than the courts; and The scheme would be set up on a statutory basis.

152

Br Gibson described a change in attitude in the Congregation following the ‘States of Fear’18 television programmes in 1999 and the publication of Suffer the Little Children19 in 2000, when the Brothers became more sceptical and disbelieving of claims of abuse. He said that the Congregation was ‘alerted ... to the danger of exaggerated allegations, false claims, and false memory’. It believed that many of the allegations contained in the programme and book were ‘inaccurate and grossly exaggerated’, and the Leadership Teams became concerned that ‘every allegation was being viewed as the absolute truth’. The Congregation also complained that their submissions were not taken into account by the Government in the drafting of the Commission to Inquire into Child Abuse Act, 2000. ‘The Act that was passed failed to provide protection to those who could be wrongfully accused.’

153

This account of the Brothers’ odyssey on abuse, particularly sexual and physical, traces their journey from shock and dismay at the allegations, through a period of acceptance, which gave way ultimately to scepticism and suspicion, which were the characteristics of the stance taken by the Congregation in the Investigation Committee’s proceedings.

154

A closer examination of the Brothers’ March 1998 public statement of apology shows that it was not at all apparent what conduct was regretted. The ‘formal apology’, instead of making clear the Congregation’s regret for abuse that had happened in its institutions, gave rise to considerable problems of interpretation and called into question the nature of their attitude to the complaints. Indeed, it was not even clear that the statement could properly be called an apology. It did not expressly acknowledge that abuse had occurred and did not accept any Congregational responsibility for what had taken place in its institutions.

155

If the Brothers intended this document to have substantial meaning, they should have made it clear that they were apologising for abuse that they believed and accepted had happened. This they notably failed to do. A public apology that required scrutiny to discover whether it actually contained a meaningful expression of regret failed in its purpose.

156

This first public step that was taken by the Brothers was couched in guarded, conditional and unclear terms, and did not actually acknowledge that Christian Brothers had committed abuse of children in their care or that the Congregation bore any responsibility. This was before ‘States of Fear’ was broadcast in 1999 which was, according to Br Gibson, the catalyst for a more defensive approach by the Congregation.

157

The statement compared unfavourably with the Australian version, which may have some difficulties of interpretation but which did expressly admit that abuse happened and apologised to victims.

158

The Australian Brothers also stated that they had conducted their own independent inquiries, which had yielded convincing evidence. If the Irish branch had examined the records and consulted members and former Brothers, it would also have discovered convincing evidence that serious cases of abuse had occurred in the Irish institutions.

Rome Files and documentary evidence

159

In the Emergence hearings in July 2004, Br Gibson described how files, which came to be known as ‘The Rome Files’, came to the attention of the Leadership Team in Ireland.

160

In 2003, the Leadership Team took the decision to employ an archivist to look at all the documents in the possession of the Congregation. This archivist was asked to go to Rome to look at the files there that related to the Irish Communities for any references to abuse. He explained that, in the early 1960s, a decision was taken to move the Congregation’s headquarters from Dublin to Rome. The management team brought with them the relevant archives for their own work, and left in Ireland the files and records that dealt with the Christian Brothers in Ireland.

161

Br Gibson explained: However, when our archivist went to Rome, she came across their minute books of their Council decisions, the General Council decisions. In those, she came across details of allegations of abuse in the institutions in Ireland that did not exist in our files ... Yes, all of these dealt with incidents of child abuse in our institutions between, say, 1930 and when they closed.

162

Br Gibson outlined the number of allegations recorded in respect of residential schools: ... we came across details of incidents of abuse in our institutions in Ireland. We came across eleven incidents of child abuse in Artane, ten in our day schools, three in Letterfrack, two in Tralee, two in the OBI,20 and two in Glin. Now, what we came across was that there had been information given to the Leadership Team at the time when they occurred. These allegations had been investigated. The investigation included getting the boys to write out what had happened to them and the boys had done that in some cases – well, in one case at the moment we have one incident of that. Then they had at the end of what they called a trial, they had a decision made, and the decision was either to give a Canonical Warning to the person, they were dismissed from the Congregation or they were rejected for the application for vows that year. Now, we wouldn’t have the details of all the allegations, but a lot of material has emerged there which we didn’t know about ... It shows that there were individual cases of abuse. It wasn’t, in a sense, systematic or widespread, but over 30 years in Artane there were eleven cases that had been discovered at the time they had occurred.

163

Br Gibson went on to state that, in 1990, the Leadership Team in Ireland was not aware of the existence of these files at all. He asserted that it was only when he saw these files that he understood the comments that he saw in the Constitutions and Acts of the Congregation emphasising that a Brother should never be alone with a child. He said: That makes sense in the light of this discovery of complaints where children were abused in the institutions.

164

He confirmed that there was no mention of the children in these records: The focus was on the culpability of the person who did it and I am not sure how much was done for the children who suffered.

165

The Rome Files were made available to the Committee after the Emergence hearings had been completed. They contained details of applications for dispensations or disciplinary hearings in respect of more than 130 Brothers. At least 40 of these cases referred specifically to improper conduct with boys. In the majority of cases, the actual crime being investigated was not detailed, and phrases such as ‘evidenced unsuitable moral character’ or ‘grave misconduct’ or ‘caused scandal’ were used when recommending a dispensation.


Footnotes
  1. The Holy See is the episcopal jurisdiction of the Bishop of Rome, commonly known as the Pope.
  2. B. Coldrey, Faith and Fatherland. The Christian Brothers and the Development of Nationalism, 1838–1921 (Dublin: Gill and Macmillan, 1988), p 22.
  3. There are currently 122 schools in the Christian Brother network in Ireland, according to the Marino Institute of Education website.
  4. Constitutions (1923).
  5. The general assembly of representatives from the Congregation of the Christian Brothers.
  6. Commission of Inquiry into the Reformatory and Industrial School System Report, 1936 (the Cussen Report) (Dublin: Stationery Office).
  7. A Visitor was a Congregational Inspector who reported back to the leadership of the Congregation. See Supervision/Visitations below.
  8. 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.
  9. Cn 653.
  10. You shall not commit adultery.
  11. You shall not covet your neighbour’s wife.
  12. Congregation of the Christian Brothers 1962, Chapter VIII ‘Chastity’, p 23 section 81.
  13. Const 8 of the 1923 Constitutions.
  14. Const 97 of the 1923 Constitutions.
  15. Congregation of the Christian Brothers 1962, Chapter XIII ‘Mortifications & Humilitations’, p 30 section 128.
  16. The Cussen Report 1936 – Commission of Inquiry into the Reformatory and Industrial School System, para 74.
  17. This is a pseudonym.
  18. 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’.
  19. Suffer the Little Children, by Mary Raftery and Eoin O’Sullivan, 1999, New Island.
  20. O’Brien Institute.
  21. This is a pseudonym.
  22. P394 Circular Letters 1821–1930
  23. Department of Education Annual Report 1925/1926.
  24. Report of the Department of Education for the School Years 1925–26–27 and the Financial and Administrative Year 1926–1927, p 83.
  25. Report of the Department of Education for the School Year 1924–1925 and the Financial and Administrative Years 1924–25–26, p 84.
  26. 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).
  27. Rules and Regulations for the Certified Industrial Schools in Saorstát Éireann Approved by the Minister of Education under the Children Act, 1908.
  28. The Department submit this wording ‘education provision’ in other words the internal national school.
  29. Section 24 of The Non-Fatal Offences Against the Person Act 1997 provided:
  30. the rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished.
  31. With the removal of this immunity, teachers are now subject to section 2(1) of the 1997 Act which provides that:
  32. 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.
  33. This is a pseudonym.