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It is clear that the Department of Education did not conduct any investigation into the events that took place in Ferryhouse in 1980. Nor did the Department facilitate any such investigation, whether by the Garda Sióchana, by the Department of Health, by the local Health Authority or by any other agency.

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The position of the Department of Education in relation to the investigation and reporting of abuse is set out in its document, ‘Statement to Commission To Inquire Into Child Abuse’ dated 19th May 2006 and prepared in advance of the Phase III hearings. It states: In detailing the allegations of abuse in Clonmel and the response of the Department, it is worth noting the Department’s position with regard to dealing with allegations of this nature was that the Department does not investigate allegations of abuse. This is a matter for the employers of the staff (in the case of St Joseph’s this would be the Rosminian Order), the Gardai and the health authorities. The responsibility of the Department would be to ensure that the welfare and safety of children was protected and that the matter had been reported to the appropriate authorities and that appropriate steps were being taken to investigate the matter and protection of children.

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The Department’s TN030 file was discovered to the Investigation Committee by the Department of Education. It had not been among the other documents disclosed earlier because it was an ongoing file, and was not in the archive, but among the files of senior Department staff. As Mr Black, former Principal Officer, told the Committee: They had in that Section in the Primary Branch, they had a safe for confidential files ... any offences with a suggestion of a sexual offence in them were kept there. I asked the girls about this thing ... one girl I knew in the section, “Did you ever remember any cases like this?” “Oh no, we wouldn’t see them at all.” They never went down. There was a rule at one time that girls were not to see any things like that, they were very sensitive creatures.

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On 8th December 1994, Fr Antonio, the then Director of Ferryhouse, telephoned Mr Grey,42 Principal Officer in the Department of Education, in relation to allegations of sexual abuse made by a person who had attended Ferryhouse from 1971 to 1973. The alleged abuser was a member of staff in the School. Mr Grey’s memorandum was headed, ‘Note for Secretary’s Information “Allegation of Sexual Abuse at St. Joseph’s Industrial School, Clonmel, in 1971/1973. This school is operated by the Rosminian Fathers”’, and it was dated 9th December 1994.

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Mr Grey recorded that this was an issue that needed to be urgently addressed in advance of the abuse cases coming to public attention. He noted that the issue of staff shortages had been recognised for some time, but the Department had not made a case to the Department of Finance because the School authorities had failed to provide data to support the claim. At the meeting, it was agreed that the School would provide the information within weeks, and the Department would make the necessary approach.

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The Department of Education’s Medical Inspector, Dr Lysaght’s report of 1966 described the dormitories as the worst he had ever seen. They bordered on being overcrowded, and had ‘a depressing air of mass communal living’. There were no lockers or wardrobes and ‘as is usual then the boys store personal belongings under the mattresses and of course destroy the springs’.

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Almost a year later, a Public Health Inspection found the conditions overcrowded and ‘a hazard to the health of the child’. As a result of this report, the Department of Health withdrew their children from the Institution.

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In 1967, a local health inspector visited the School, following the death of a boy from cerebro-spinal meningitis. His report to the Department of Health was thorough, beginning with an examination of the living conditions that might have caused the disease. He wrote: Now this disease can be due to overcrowding, so I accordingly caused accurate measurements to be made of the dormitories, school, etc. and what emerged is what we expected: The school holds twice the number of children – there are 192 boys. The floor area and the cubic space available to every bed is 25 sq. ft. instead of 55 sq. ft. which is the normal and 200 cubic ft. instead of 400 c. ft. We introduced every protection for the pupils by way of prophylactics. However we run a serious risk of recurrence. The matter is grave, in fact more than grave, it is unjust, and a hazard to the health of the child ... You will note by the detailed report attached that the school structure where the children are taught is also doubly overcrowded. Again a serious hazard is the level of overcrowding.

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Having found that ‘the dormitory sleeps exactly twice the number of boys recommended’, the two officials drew the Department of Health’s attention to a number of serious matters, namely: 1.Social malaise. There is clear evidence of social malaise in the institution among the younger “denizens”. 43 out of a total of 192 boys are bed-wetters. This matter I have taken up with the M.O. to the institution and also with the Assistant Co. M.O., and will deal with it as well as possible, 2.Dental Care. This question I have taken up with the Chief Dental Officer. I feel we should give very full dental care to the boys in Ferryhouse from the clinic during school closure periods etc. Without parents, you will appreciate, it is difficult for them unless the County Council acts broadly in lieu thereof.

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The Department of Health Boarding-Out Inspector, Ms Fidelma Clandillon, seized on this report and wrote: This shocking report confirms some unofficial information I have had over the years concerning Ferryhouse – yet two smaller and better schools were closed for economic reasons. From what I have heard the ill-treatment of the boys could do with investigation also. One person who spoke with me about this matter was an inspector of the I.S.P.C.C. It is scandalous that only the death of one of the boys has led to the conditions there coming to light ... [The Secretary, Tipperary (S.R.)] ... informed me that the report had not been sent to the Department of Education but had been sent here as a health matter. I would urge the necessity of this Department’s informing the Department of Education of the findings of this report.

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At the time of the report, there were 23 boys maintained in Clonmel under the Health Act, and they were transferred without delay to other placements. The other boys, some 169 in number, had been admitted through the courts and came under the Department of Education’s remit. They remained in Clonmel while the Department and the Rosminians discussed how best to handle the problem.

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On 21st July 1966, less than a year before the local health inspector’s report, Dr Lysaght, the Department of Education’s Medical Inspector, made a thorough inspection of St Joseph’s, Ferryhouse. At that time, there were approximately 160 boys in the School. The numbers were later swelled when Upton closed, and 31 boys were moved down to Clonmel. Under the heading ‘Conditions of Premises’ he wrote: The structure appears for most part in good repair. Several parts require decoration and repairs to fitments in washrooms, and sanitary annexes are needed. It would appear from what I saw in this regard they are inclined to be destructive.

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It is hard to explain the inconsistencies in these reports. The Department of Education Inspector concluded ‘in time the school will be much improved’ and found the accommodation ‘very good’.

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There were rumours and innuendo about cruelty and neglect in Ferryhouse, so it would be expected that the Department of Education’s Inspector would have heard and seen things to cause concern. However, Dr Anna McCabe’s reports gave no indication of the conditions found by Dr Lysaght and the Public Health Inspector just two or three years later.

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Even when the ‘shocking report’ arrived, and after the death of one boy through meningitis, there seemed to be no sense of urgency to effect change. On 8th January 1968, the following letter was sent from the Department of Health to the Minister for Education: I am directed by the Minister for Health to refer again to the minute of 12th September 1967 (ref. 6.43 ) regarding conditions at St Joseph’s School, Ferryhouse, Clonmel, and to request you to indicate the present position regarding the arrangements for the provision of increased accommodation in the institution.

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