Chapter 7 — Artane

Introduction

Grounds for questioning reliability of evidence were not confined to complainants. Respondents also were subject to lapses of memory and potential distortions of recollection. In some cases, the reliability of evidence could have been affected by the gravity of the allegations made against respondents themselves or against their colleagues; loyalty and affection for others, and for the Institution and the Congregation, may also have had a distorting influence on their testimony.

The approach taken by the Committee, of proceeding from analysis of documentary material containing contemporary accounts of incidents and then, where possible, assessing the oral evidence by reference thereto, tended to lessen the occasions where it was necessary to choose between witnesses asserting and denying particular events.

The Committee was satisfied that its approach yielded an accurate picture of the Institution and the matters which it was required to determine.

Physical abuse

The role of corporal punishment in the management of the Institution is central to this topic. The Congregation accept that it was part of the disciplinary regime, but it also contends that Artane was no different in that respect from other schools, and that corporal punishment was also a feature of home life for many children at the time. Against a background of widespread use of corporal punishment, they contend that the system of discipline in Artane was not stricter than it was in primary schools. They do, however, concede that there were cases of excessive punishment by Christian Brothers in Artane. Some of those were documented in the Congregation’s records that were made available by way of discovery of documents to the Investigation Committee. The Brothers point to these records as evidence that the Congregation did not overlook or condone excesses in physical punishment. They also accept that there may have been more cases, but they are reluctant to go further by way of concession on this issue than was required by the documentary material in the Congregation’s archives. In coming to their position on physical abuse, the Brothers did not take into account the allegations that were made by complainants in their written statements.

The spokesman for the Christian Brothers at Phases I and III of the hearings was Br Michael Reynolds, who conceded that: There are three and possibly four cases there where I would say yes, there was certainly very severe punishment administered. I am not saying that is the totality of it, I am saying that is what I can work out of on record. I would say the discipline was quite strict and corporal punishment was used and so on. What I am saying is I don’t think that even in relation to physical punishment that it was an abusive institution by the standards of the time.

He was then asked if he accepted that it probably went further than that and he replied: I do, yes. Unfortunately I am doing that in one sense off the top of my head or from a gut feeling rather than saying – if I was challenged on that I can’t stand it up with documentation because I haven’t got it, but I am not saying that in the absence of documentation that nothing else happened other than what was documented here.

In relation to documentary sources, Br Reynolds was unable to explain the absence of a punishment book, which was required by regulations to be kept, but he accepted the obvious point that such a record would have assisted the inquiry. Indeed, as appears from the discussion of this matter below, maintaining that book would also have tended to reduce excesses.

The Congregation’s concessions stopped far short of what the complainants alleged and did not even match the admissions of individual respondents. Among the latter witnesses were Brothers and former Brothers who expressed sympathy with the boys and agreed with much of their evidence, and a number of them were also prepared to admit their own failings and frustrations and to criticise the system generally. The Congregation engaged a barrister, Mr Bernard Dunleavy, to report privately on a number of institutions, including Artane. In the course of this research, some Brothers were much more candid in interviews with Mr Dunleavy than were the Brothers who appeared before the Investigation Committee.

Complainants alleged that the regime of discipline was unlawful, cruel and unjust. They claimed that it was impossible to avoid punishment in Artane, and that punishment was administered inconsistently, irrationally and capriciously by different Brothers. They alleged that, even if a boy obeyed all the rules and did what he was told, he could encounter a Brother who was in bad form or who had some other excuse for administering punishment. A boy might be punished for anything or for nothing. They maintained that there was a pervasive climate of fear in the Institution that came about because of the unbridled use of corporal punishment.

Although Artane had an appointed Disciplinarian to deal with serious offences, all Brothers carried leathers and administered punishment for a wide variety of infractions, and other adults were also permitted to punish. Witnesses did not generally complain about punishment that they felt was deserved, even if it was severe.

One long-serving Disciplinarian was acknowledged, by all the former residents who spoke about him, to have been strict but fair even though he sometimes punished them severely. This Brother was named and accused of physical abuse in many complainants’ statements, but the Investigation Committee did not find that the evidence at Phase II supported such a conclusion.

The Investigation Committee had to choose between conflicting accounts of the regime in Artane on the fundamental issue as to whether uncontrolled corporal punishment was a feature of the system, so that physical abuse was systemic, or whether there were occasional contraventions of the rules that did not undermine a proper system of management.

The material available to the Investigation Committee in considering this issue included: The evidence of former residents and members of staff. The evidence of Dr Paul McQuaid, Consultant Child Psychiatrist, who did some work and research in Artane. The report written by Fr Henry Moore in 1962, together with his evidence to the Investigation Committee. Department of Education discovery. Garda Síochána discovery. Contemporary documents including the Visitation Reports compiled by the Christian Brothers during the period under review. Letters on the subject of corporal punishment provided by the Christian Brothers.

Physical abuse

Br Noonan was Superior General of the Congregation from 1930 to 1949. He was anxious to reduce the reliance on corporal punishment and he admonished those who were intemperate in its use. There are some grounds for believing he did keep down its excessive use during his tenure of office. Letters written by him make it clear that the management of the Congregation knew excessive and frequent use of corporal punishment was a problem from the beginning of the period of this inquiry.

A Visitation Report in the early 1930s described an extraordinary penalty imposed on a Brother in the refectory: Br Sebastien5 erred on two occasions in punishing boys severely. The Superior reproved him publicly and ordered him to make a public apology, on his knees in the Refectory ... Br Sebastien was honestly penitent and determined to amend. Indeed he is on the whole a good young Brother.