Chapter 6 — Sisters of Mercy

During the Phase I hearing into Dundalk, Sr Ann-Marie McQuaid was asked to comment generally on the complaints, by former residents of the School, that certain lay members of staff and some nuns did treat them harshly. She stated: I suppose knowing human nature and knowing the length of the period of time and the number of children I think it would be unrealistic to say that there weren’t times when a child could have been treated harshly. We deeply regret it if we caused it and we deeply regret it if we didn’t notice it.

She described the Congregation’s general attitude to the issue of corporal punishment as follows: In hindsight we regret that and that’s what I would have had said. We deeply regret it, particularly with children who were vulnerable and who were carrying so much inner pain themselves, it made life more difficult for them.

During the Phase I hearing into Clifden, Sr Margaret Casey stated: Again I would wish to say that corporal punishment as a practice is something that we would deeply regret and the individual Sisters who administered it would have deep regrets because we do realise and recognise that these children were vulnerable children and in that particular setting it was particularly hard on them because of their vulnerability.

At the Phase III hearing into Clifden, Sr Casey stated: I am aware that there is again a direct conflict of evidence in the whole area of corporal punishment and in due course the Commission will no doubt adjudicate on that. I do acknowledge and have acknowledged that corporal punishment was a feature in the school life, as it was in most primary schools in the 1960s, and that slapping was the primary form of punishment and I did acknowledge and apologise if children were hurt or damaged by excessive use of corporal punishment while in Clifden.

During the Phase III hearing into Newtownforbes, Sr Casey stated: I can’t say that the children were slapped every morning for bed-wetting because I don’t know that, I wasn’t there at the time, I did inquire and the Sister who was there is in her 90’s and wasn’t able to furnish me with any information to help me in an understanding of how often is the punishment or how severe, so I honestly don’t know. All I know is that – and they would have acknowledged that in the School, that there was punishment for bed-wetting but the extent of it, the regularity of it, the severity of it, I don’t know.

Corporal punishment

The extent to which corporal punishment crossed the line into abuse is examined in the chapters dealing with each individual school. What is clear, however, is that the punishment administered in all schools examined by the Committee often exceeded that permitted by the 1933 Rules and Regulations for the Certified Industrial Schools in Ireland. These rules imposed limits on the use of corporal punishment. These limits were more restrictive for girls, particularly those over the age of 15. The issue of discipline was dealt with in Regulation 12: DISCIPLINE. 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 will be its discipline, and the fewer occasions will arise for resort to punishment.

Regulation 13 stated that the punishments should consist of: (a) Forfeiture of awards and privileges, or degradation from rank, previously obtained by good conduct. (b) Moderate childish punishment with the hand. (c) Chastisement with the cane, strap, or birch.

The Regulation went on: Referring to (c) personal chastisement may be inflicted by the Manager, or, in his presence, by an Officer specially authorised by him, and in no case may it be inflicted upon girls over 15 years of age. In the case of girls under 15, it shall not be inflicted except in cases of urgent necessity, each of which must be at once fully reported to the Inspector. Caning on the hand is forbidden. No punishment not mentioned above shall be inflicted.

The 1946 Rules and Regulations for National Schools applied to the internal national school within the industrial schools: Instructions 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 addition, the Department of Education issued many circulars and guidelines to Industrial School Managers, indicating that corporal punishment must always be kept within the bounds set down by the Regulations and must never be used excessively. Circular 11/1946 stated: Corporal punishment should be resorted to only where other forms of punishment have been found unsuccessful as a means of correction. It should be administered only for grave transgressions, and in no circumstances for mere failure at school lessons or industrial training.

The Circular went on to state that punishment should be confined to slapping on the hand with a light cane or strap, and that this should only be administered by the Resident Manager or by a member of staff specifically authorised by him. It added that ‘any form of corporal punishment not in accordance with the terms of this circular is strictly prohibited’.

Punishment book

Only one punishment book from the Sisters of Mercy schools under investigation has been seen by the Committee.

The Sisters of Mercy say that the general prevalence of corporal punishment in schools during this period is a factor which should be taken into account when determining whether corporal punishment was excessive or abusive. To an extent they are correct, but the Regulations quoted above were drawn up at a time when corporal punishment was even more prevalent, and yet the authorities recognised the necessity of treating children in residential schools with particular care. The Regulations recognise that children in industrial schools are not only in their school but also in their home, and the standard that is applied is not that of the average national school but that of the average home. The reminder to Managers in the Rules and Regulations that ‘the more closely the School is modelled on a principle of judicious family government the more salutary will be its discipline, and the fewer occasions will arise for resort to punishment’ is central to the way a residential school should be judged.

Sexual abuse

The issue of sexual abuse did not feature as prominently in the evidence in relation to schools run by the Sisters of Mercy as it did in relation to schools run by other religious communities. There were, however, some very serious incidents of sexual abuse perpetrated by lay staff in some schools, which are dealt with in the individual chapters. During the Emergence hearings, Sr Breege O’Neill stated that the Congregation became aware of a small number of complaints from the Leadership’s discussions with Sisters who were involved in the industrial schools. She stated: I am aware of, I think, three, if not four ... Let me mention that there were three instances where the Resident Manager in a particular institution became aware of a concern that sexual abuse might have occurred in relation to a child. I am talking about an instance in 1960, one in the mid 60s and one in 1969. They were instances where that came to the attention of the Resident Manager and the individual Manager took action herself in relation to each of those three cases that we are aware of. One was in relation to somebody who was visiting the Institution and she barred that person. She mentioned it subsequently to a Department official. The other one was in relation to somebody who was working in a maintenance capacity. Again the Sister had that man removed. The third one was a volunteer coming in and when the Sister heard the complaint she sent for him but he never came back to the Institution. That would be from the recollection of the Sisters themselves ... Some of that, the dismissal, we have found some records that substantiate that.