Chapter 1 — Department of Education

Part 4 The Cussen Commission

The primary response to these recommendations came in the form of the Children Act 1941 which amended the Children Act of 1908. Although some recommendations did get a green light to a greater or lesser extent, it is revealing to examine the recommendations that were overlooked. While the non-implementation of some recommendations can be explained by way of fiscal limitations and structural deficiencies within the Department, others are more difficult to explain. Full implementation would have involved a greater role for the Department and this may have been viewed at the time as an encroachment into the Church’s domain.

One objective of the Cussen Committee was to help remove negative stereotypes and criminal connotations associated with the children in the certified school system. It was the firm belief of the Commission ‘that in the main the problem is one not of criminal tendencies, but of poverty’. Cussen encouraged a change in terminology to aid in the reduction of the stigma associated with certified schools: for example recommendation number 11 suggested replacing the term ‘committal order’ with the term ‘admission order’, and similarly the terms ‘Industrial School’ and ‘Reformatory’ were to be replaced with ‘National Boarding Schools’ and ‘Approved Schools’ respectively. Furthermore Cussen stated that these titles should be for administrative purposes and each school should have its own individual name, which would include any classification denoting its status. Cussen ultimately believed that neither the schools nor the public should view children in reformatories as criminals; Although the young persons committed to the Reformatories have been found guilty of offences it is the case that the percentage of them who subsequently make a further appearance in the Courts is negligible. It follows, we suggest that such young persons cannot in any sense fairly be looked upon as criminals

In line with this proposal, Cussen wished to remove other aspects of the committal proceedings that could contribute to the idea of criminality, such as: the Children’s Court should be separated from the District Court; judges should not wear robes in Children’s Court; Gardaí should not wear uniforms in court nor when they were bringing the children to the schools.

This child-centred approach of the Cussen Report also manifested itself in a desire to maintain each child’s identity and family connection. It was the belief of the Commission that school Managers were to be fully aware of all of the children under their care. Therefore, Cussen recommended that more detailed information about each child be provided to the schools upon committal. This information was to include a birth or baptismal certificate and a synopsis of each child’s history including comments from Justices where appropriate. This information was to remain confidential. In addition children were to be committed to Industrial Schools as near to their homes whenever practicable – subject to the discretion of the Justices – so as to allow parents easier access to their child and thus preserve familial ties.

The functions to be performed by the Resident Manager of an Industrial School included the ability to manage all staff, control discipline within the school and, primarily, to be fully knowledgeable of the circumstances of each child in their care: The success attained by these schools depends in large measure on the personality and fitness for office of the Managers – their capacity in directing their staffs, their power to make every pupil feel that the Manager is his guardian and his friend, while maintaining an ever vigilant but unobtrusive discipline.

The Department’s concern as to the age of certain Resident Managers was a recurring theme

The Cussen Commission considered the role to be one which required ‘qualifications and gifts that might not be considered indispensable in ordinary schools’. Consequently, the choice of person to fulfil this role was regarded as a most important decision and it was recommended that ultimate approval for this post should rest with the Minister for Education. The Report went further to state that the Minister for Education should also have the power to remove Resident Managers who were derelict in their duties. The report maintained ‘that it should be within the competence of the Minister to report to his or her Superior, with a view to replacement, a Manager who is found unsatisfactory’.

The response to this recommendation came in the form of section 5 of the 1941 Act, which gave the Minister the power, for the first time, to direct the removal of the Resident Manager. If the Minister is satisfied that the Resident Manager of a certified school has failed or neglected to discharge efficiently the duties of his position or that he is unsuitable or unfit to discharge those duties, the Minister may request the managers of the school to remove such Resident Manager from his position and the managers shall comply with such requests (unless withdrawn) within one month after receipt thereof.

Crucially, however, the Act did not allow the Minister for Education the power of veto over the selection of a Manager or approve appointees to the role as recommended by Cussen, though this had been part of the Bill as introduced in the Dáil. The Resident Managers’ Association was against this change and protested to the Department and also lobbied the Opposition party who supported their protests. The Government withdrew the provision at committee stage in the Dáil and substituted a new section 5, which gave the Minister no power at the appointment stage and merely provided that the Minister had to be notified of the appointment within 10 days of its occurring. Following the appointment of a Resident Manager a Departmental form known as ACA 1 was completed by the new Resident Manager and by the representative of the Managers of the school and returned to the Department in accordance with the legislation.

The Department of Education was reluctant to exercise its power of removal. There are only two known occasions where the Department invoked this power: the removal of the Resident Managers from Lenaboy, Industrial School, Galway and St Michael’s Cappoquin in Waterford.

In 1942 an internal Department of Education memo discussed the findings of Dr Anna McCabe’s inspection of Lenaboy Industrial School. The inspection report expressed grave unease at the actions of the Resident Manager. The produce of the garden was sold. The old sister in charge of the kitchen protested against the starvation of the children – she and another old sister were removed and replaced by two young novices who dare not challenge the Superior’s orders. It is rumoured that the tea ration is also sold. (It is certain that the children have not been getting it.) The suggestion made by Dr McCabe last year that skipping ropes and a net ball should be provided evoked the remark If she thinks I’m going to throw away my money on skipping ropes, she’s mad.

The memorandum reiterates Dr McCabe’s concerns The Resident Manager is a miserly, ruthless old woman of 70 years who has as her objective the reduction of the debt on the institution. She has been hardened by age and a lifetime spent in Magdalene Homes. She has no experience of children and has no sympathy with them. Her fortes are finance and farming. She set about obtaining her end with cold thoroughness.

An official at the Department of Education stated in a memo that Lenaboy represented a ’clear case for action under section 5(4) of the 1941 Act’. On 14th September 1943, the Department wrote to the Mother Superior stating that the Minister felt the Resident Manager of Lenaboy was unsuitable for the role and asked that she be removed from that position and a more suitable person be appointed in her place. Over one week later on 23rd September 1943 the Mother Superior of the Order replied to the Department to say that a new Resident Manager had been appointed.

As with Lenaboy, the removal of the Resident Manager was precipitated by an inspection by Dr Anna McCabe in 1943. Dr McCabe found the children to be undernourished, where 61 out of the 75 boys in the school were under the normal weight for their age-height groups. An internal Department of Education memorandum referred to St Michael’s as ‘another school run by the Sisters of Mercy’ with ‘a long record of semi-starvation’. After much bitter correspondence the Department was forced to issue a statutory request for the removal of the Resident Manager whom Dr McCabe described as a ‘ruthless domineering person who resents any criticism and challenges advice’. After much wrangling, a new Resident Manager was eventually installed.

This incident is an excellent illustration of the relationship between the religious Orders and the State. The requests for the improvement in diet in the school had begun in December 1943 following an inspection report. The removal of the Resident Manger was requested under statute by the Minister in September 1944 but only came about in November 1944. The lack of urgency following a statutory request by the Minister of Education and the language used by the school in the correspondence with the Department is further evidence of the timidity of the Department in dealing with the school. For instance in response to the statutory request to remove the Resident Manager the reverend mother replied a week later ‘I am looking into the matter and will communicate with you later’.