Chapter 6 — Christian Brothers

Rules and regulations governing corporal punishment

This regulation was prefaced by a clause which counselled caution in its use. It said: The Manager or his Deputy shall be authorised to punish the Children detained in the School in case of misconduct. All serious misconduct, and the Punishments inflicted for it, shall be entered in a book to be kept for that purpose, which shall be laid before the Inspector when he visits. The Manager must, however, remember that the more closely the school is modelled on a principle of judicious family government the more salutary shall be its discipline, and the fewer occasions will arise for resort to punishment.27

The 1946 Rules and Regulations for National Schools applied to the education28 provision within the industrial and reformatory schools. Instruction in regard to the infliction of Corporal Punishment in National Schools 96.(1)Corporal Punishment should be administered only for grave transgression. In no circumstances should corporal punishment be administered for mere failure at lessons. (2)Only the principal teacher, or such other member of the staff as may be duly authorised by the manager for the purpose, should inflict corporal punishment. (3)Only a light cane or rod may be used for the purpose of corporal punishment which should be inflicted only on the open hand. The boxing of children’s ears, the pulling of their hair or similar ill-treatment is absolutely forbidden and will be visited with severe penalties. (4)No teacher should carry about a cane or other instrument of punishment. (5)Frequent recourse to corporal punishment will be considered by the Minister as indicating bad tone and ineffective discipline.

This rule did not permit the use of the leather strap in the classroom.

In November, 1946 a circular Cir. 11/46 prepared by Michael Ó Síochfhrada, the Department Inspector, gave more detailed guidelines. The title of the circular was ‘Discipline and Punishment in Certified Schools’. It impressed upon Resident Managers their ‘personal responsibility to ensure that official regulations’ on matters of discipline and punishment were ‘faithfully observed by all members of the staffs of their schools’. The circular stated corporal punishment should only be used as a last resort where other forms of punishment had been unsuccessful as a means of correction.

The Circular went on to stipulate: Corporal punishment should be administered for very grave transgressions and in no circumstances for mere failure at school lessons or industrial training. Corporal punishment should in future be confined to the form usually employed in schools, viz., slapping on the open palm with a light cane or strap. This punishment should only be inflicted by the Resident Manager or by a member of the school staff specially authorised by him for the purpose. Any form of corporal punishment which tends to humiliate a child or expose the child to ridicule before the other children is also forbidden. Such forms of punishment would include special clothing, cutting off a girl’s hair and exceptional treatment at meals.

The Circular attempted to marry the provisions of the 1933 Rules and Regulations for Certified Schools with the new 1946 Rules and Regulations for National Schools. In so doing a certain amount of ambiguity arose with regard to the use of a leather strap in the classroom which was clearly not permitted in the classroom by the 1946 Rules and Regulations.

In December 1946 Cir.15/46 prepared by Michael Breathnach, Secretary of the Department of Education and entitled ‘Circular to Managers and Teachers in regard to the infliction of Corporal Punishment in National Schools was sent to all national schools’. It appears from this document that two additions were made to Section (1) and (3) which did not appear when the original 1946 rules and regulations were circulated to the schools: 96.(1) Corporal Punishment should be administered only for grave transgression. In no circumstances should corporal punishment be administered for mere failure at lessons. (3) Only a light cane or rod may be used for the purpose of corporal punishment which should be inflicted only on the open hand. The boxing of children’s ears, the pulling of their hair or similar ill-treatment is absolutely forbidden and will be visited with severe penalties.

The circular did not authorise the use of a leather strap as an implement of punishment in national schools.

In 1956 a further circular from the Department of Education Cir. 17/56 entitled ‘Circular to managers and teachers of national schools in regard to corporal punishment’ was issued. This circular was in response to publicity which had been given to the matter of corporal punishment in national schools and was issued to re-affirm the Department’s policy with regard to corporal punishment and to give guidance to those ‘who may be disposed to contravene Rule 96 of the Code’. The Department stated: In re-issuing that rule, set out hereunder, opportunity is being taken to announce an amendment printed in italics, of Section (3).

The full rule 96 was then set out with the amendment to Section (3) was as follows: (3) Only a light cane, rod or leather strap may be used for the purpose of corporal punishment which should be inflicted only on the open hand. The boxing of children’s ears, the pulling of their hair or similar ill-treatment is absolutely forbidden and will be visited with severe penalties.

This amendment is significant in that it authorised at an official level the use of the leather strap into national schools after a ten year gap. The evidence of the Investigation Committee would indicate that the leather strap was used in Christian Brother schools throughout this period.

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.