Chapter 3 — Ferryhouse

Physical abuse

This meeting in 1968 was, in short, debating the need for the regulation of corporal punishment and was reaching conclusions that had been contained in the 1933 guidelines.

Notwithstanding the acknowledgement that it was humiliating and ineffective, the use of corporal punishment continued in Ferryhouse for a further 25 years, until its abolition by the School in 1993.

The Department of Education Inspector, Mr Cobalt,20 touched on the subject of corporal punishment and recorded his concern at its continued occasional use in Ferryhouse. In an addendum to his General Inspection Report of Ferryhouse dated 30th May 1979, Mr Cobalt noted that corporal punishment was still used occasionally, and added that he had not examined the facts of its usage.

Mr Cobalt’s Inspection Reports for the following and successive years, noted the sanctions that applied to the children. A report dated 26th October 1980 listed the sanctions applied to the children as: (a) loss of TV; (b) loss of pocket money; and (c) early bed/loss of home leave. The reports of 1981, 1983 and 1984 are in similar terms, and make no reference whatever to the use of corporal punishment. Circular 9/82 prohibiting the use of corporal punishment in national schools

In January 1982, the Department of Education issued Circular No 9/82 that prohibited the use of corporal punishment in national schools. On 7th May 1982, Fr Stefano, Resident Manager in St Joseph’s, Ferryhouse wrote to the Department on the issue of corporal punishment: While the general practice, philosophy and ideas of the school would be against the use of any form of corporal punishment, nevertheless, because of the nature of the work in which we are involved, there may be certain occasions when the Manager or his Deputy (Care or Education) might feel that some form of corporal punishment should be used.

He went on to ask the Department for its views as to whether or not Circular 9/82 nullified the Manager’s powers under the 1908 Act and 1933 Rules. Despite the considerable reforming zeal that had led to the rebuilding of the nineteenth-century institution, and to numerous other reforms, the abandonment of corporal punishment it seemed was a step too far for him.

Various officials in the Department considered Fr Stefano’s letter. One such official, a Miss Ní Fhearghail, set out her views on the issue of corporal punishment in an internal memorandum dated 11th May 1982 and entitled ‘Corporal Punishment in Special Schools’. She wrote: ... in my view Circular 9/82 only covers the conduct of the children while they are in the national school. It does not cover out of school activities. Even within the school the Rules which were approved under the Act may hold precedence. I think we would need to consult the Chief State Solicitor.

However, the issue lay dormant in the Department for a number of months until March 1983, when Miss Ní Fhearghail, in a memorandum addressed to Mr Ó Críodháin, noted that Fr Stefano never got an answer to his query. Mr Ó Críodháin referred the matter to Mr MacGleannáin who, by memorandum dated 14th April 1983, replied: This matter needs to be cleared up. I think policy should be to prohibit corporal punishment. Undoubtedly, however, members of staff in these schools have to restrain youngsters physically and a thin line divides physical restraint from corporal punishment.

The matter was referred to the Chief State Solicitor. By letter dated 9th June 1983, the Deputy Assistant Chief State Solicitor advised that rules made under the 1908 Act took precedence over the rules for national schools, as they had the force of statute, while the rules for national schools, although they had been judicially noticed, were not made pursuant to an Act. He suggested that the matter should now be rectified by the provision of rules made pursuant to Section 3 of the Act of 1941 for all certified industrial schools.

On 3rd August 1983, the Department of Education passed on to Fr Stefano the advices received from the Deputy Assistant Chief State Solicitor. They wrote: The present Rules and Regulations for Certified Industrial Schools were approved by the Minister some fifty years ago and have, to a great extent, become out-moded in practice. I would be grateful if you would give earnest consideration to the question of statutory Rules for the conduct of your school and would draw up a schedule of Rules deemed appropriate. It would be helpful if a copy of these draft Rules were forwarded to the Department not later than the 30th September, 1983.

Fr Stefano gave evidence that nothing was done about this request. The School was being rebuilt, and the management were apparently too busy to respond.

It would seem that the use of corporal punishment continued in Ferryhouse. The report of Mr Cobalt of 13th April 1989 records that the strap had been given to one boy and was witnessed. He wrote that a positive decision should be made about its use as a punishment for out-of-school misbehaviour. In a note attached to the end of the 1989 Report, he advised that the use of corporal punishment be discontinued ‘as the evidence is that is does not change deprived boys in their anti-social behaviour ... and my experience confirms that’.

In July 1989, a draft Circular (1/89) was prepared which, on the face of it, imposed a ban on the use of corporal punishment in industrial schools operating under the terms of the 1908 Act. In evidence, Fr Stefano said he had no recollection of ever receiving this circular. He believed that, if he had seen it, he would have remembered it, and would have discussed it. He presumed he would have ceased the use of corporal punishment. Fr Stefano said that, when the 1989 draft circular first came to his attention at a recent meeting in preparation for his evidence to the Commission, they carried out an extensive trawl through the Ferryhouse documentation relating to this period, but failed to disclose the original.

The issue remained a live one in the early 1990s. At the end of a document concerning requests for amendments to the School rulebook, dated 12th April 1990, there is a handwritten comment by the Inspector: It is noted that corporal punishment can still be administered in St Joseph’s. I raised this matter with the Director on my recent visit to the school and he would be strongly opposed to any move to alter this rule.

At a meeting in 1993, the senior management team at Ferryhouse took a decision to stop using the strap.