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The Provincial Reports and Visitation Reports that made specific reference to the welfare of the boys generally remarked that they appeared well cared for, well fed, happy and healthy. The use of words such as ‘the boys appeared’ would indicate that the Visitor’s assessment of the boys was a superficial one, based on observation rather than on any careful examination of actual conditions. In particular, there was no evidence that the Visitor spoke with the boys about their experience of the School. Despite spending two full days in the Institution on each visit, none of the concerns noted in the Department of Education Inspection Reports at various stages were commented on in the Visitation Reports. Visitors, as a rule, asked about the level of punishment administered and were usually assured that it was kept to a minimum. This assurance, however, was given by the persons who were responsible for the punishment and, in the absence of a punishment book, it was impossible to estimate the extent or severity of punishments administered. For example, the 1940s was a period when an acknowledged regime of harsh punishment operated in Greenmount, and yet the Visitation Reports did not reflect this.

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Br Diego again visited the School in March 1944 and found that ‘the management, discipline, the general tone and atmosphere of the school have dropped some points’ since 1941. He did not elaborate on the reasons for his view or make recommendations for improvement. There was no Department of Education General Inspection Report or Medical Report for that year for comparison purposes. In any event, by December 1944, another Visitor, Br Enrique,15 noted an upward trend in the management, discipline and tone of the School and was confident that the high standards would be restored.

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The Committee obtained discovery documents from the Presentation Brothers, the Department of Education and Science, the Diocese of Cork and Ross, the Garda Síochána and Fr Andrew.20 In addition former members of staff and former residents furnished statements.

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During the 1940s, the annual reports furnished by the Resident Manager of the School to the Department of Education gave a glowing picture of benign discipline being enforced in the School. In the early 1940s, it said, ‘Punishment of every kind is all but a dead letter in the school’. One year later, the Department was told ‘Punishment of any kind is all but abolished in the school’. The reports for the following two years used the same phrase, ‘Corporal punishment of every kind is, all but, completely abolished’. From the mid to late 1940s, in answer to the question ‘Nature of the punishments for misconduct’, the identical answer was given: ‘Forfeiture of rewards and privileges, which are allowed boys of good conduct’.

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In the early years, there was a mixture of children and adults residing in Lota and, although there was a school, it was not officially recognised by the Department of Education. Some qualified teachers were recruited in the early 1950s in order to obtain recognition from the Department, and this was granted in 1955.

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Two Government Departments, The Department of Health and the Department of Education, were responsible for supervising services in Lota. The Department of Education inspected the education provided in Lota. They officially recognised the National School in Lota in 1955.

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The Department of Health also inspected the premises, but only in relation to direct funding of capital development projects. The Investigation Committee asked the Department of Health about their inspection regime for institutions for persons with intellectual disabilities between the period 1939 and 1990, and they replied: From enquiries made both within the Department and the H.S.E2 (S.H.B3. area as Lota is based there) this division is not aware of any inspections having being carried out by the Department or then Health Board staff on institutions for persons with intellectual difficulties between the period 1939 and 1990.

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The Department was also asked specifically if it had carried out any inspections in Our Lady of Good Counsel, Lota during the period 1939 to 1990. The Department replied: From enquiries made both within the Department and the H.S.E (S.H.B. area) this division is not aware of any inspections having being carried out by Department in Our Lady of Good Counsel during this period.

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The Department of Health stated that the ‘only inspections carried out and on behalf of The Department of Health and Children during the period 1939 to 1990 were in respect of children in Care in Foster Homes’.

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Lota did not come within the scope of the Inspector for Reformatories and Industrial Schools either. Dr Anna McCabe, who inspected these schools, did not visit Lota, and no Department of Education inspection of the residential facilities took place either. The industrial schools were inspected and the Medical Inspector’s reports left contemporary evidence about diet, and living conditions. No such documentation exists for Lota.

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The Mother Superior of the Community was generally the Resident Manager of the Industrial School, and so had complete control over the funding and administrative duties of the School, in particular its relationship with the Department of Education. However, she had little to do with the day-to-day running of the School, which was vested in the Sister in Charge who acted as de facto Manager. The rationale for this division of responsibility seems to lie in the hierarchical organisation of the Sisters. The Mother Superior was in charge of the convent and, in that capacity, she was in charge of every activity carried out by the nuns of her convent, including the Industrial School.

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The Cussen Report made a number of important recommendations, one of which was the appointment of a Medical and General Inspector for Industrial Schools by the Department of Education. Dr Anna McCabe was appointed in 1936, and was extremely critical of the conditions she found in the Sisters of Mercy schools.

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A 1944 Department of Education memorandum commented on Dr McCabe’s report on Cappoquin Industrial School, and condemned the conditions in the nuns’ schools generally: This is another school run by the Sisters of Mercy which has a long record of semi-starvation. Dr. McCabe’s report following her inspection last November disclosed such an appalling state of affairs that we went over the head of the resident manager and issued an ultimatum to the Manager. Dr. McCabe’s latest report shows how far we have got. Out of 75 boys, 61 are under the normal weight for their age-height groups by from 3 lbs. to 21 lbs. The butter ration is exactly the same as it was in November, 1943 – 7 lbs. (At 6 ozs. per head it should be 28 lbs.) The boys continue to look pinched, wizened and wretched and look lamentably different from normal children. It is abundantly clear that the only hope of the required improvement lies in drastic action. The first and most obvious step is the removal of the present resident manager. She is 63 and 5/12 years of age and has held office uninterruptedly since June, 1927. Dr. McCabe informs me that she is a ruthless domineering person who resents any criticism and challenges advice. Her explanation of the children’s failure to gain weight – their "activity" – rival Marie Antoinette’s "why don’t they eat cake?" She has bedded down long since into a groove out of which she cannot be shifted by some annual criticism, and it seems clear that she holds the manager in the hollow of her hand. I can see no hope of improvement while she continues in office. The state of affairs existing in this school is so deplorable and indefensible that I think further strong action is required. I suggest that payment of the state grant be suspended for three months and, that the manager be informed that there will be a special inspection say, early next December. If that inspection shows that the underfeeding has ceased and that the weights generally are on the increase and tending towards normality, payment will be resumed. If not, consideration must be given to the withdrawal of the certificate. I might mention that Dr. McCabe’s account of the nuns’ schools generally is most alarming. Underfeeding is widespread. In fact, she tells me that in only one school – Kinsale – is she completely satisfied with the diet. The general rule is what she describes as a bare "maintenance diet" – sufficient to keep children from losing weight but not enough to enable them to put on weight at anything approaching the normal rate. A third junior boys’ school run by the Sisters of Mercy – Passage West – is in the same category as Rathdrum and Cappoquin, and she proposes to visit it again shortly. She is strongly of opinion that we must hit the schools in their purses by threatening to stop grants – and stopping them if necessary in one or two of the worst cases – If we are to effect an improvement.

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Documentation was furnished as part of the discovery process from a number of sources, namely the Sisters of Mercy, the Department of Education and Science, An Garda Síochána, the Director of Public Prosecutions, the Archbishop of Dublin, and the medical records of some complainants.

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The Superior General of Carysfort appointed the Reverend Mother and assigned Sisters to Goldenbridge convent. From the records, it appears that the Reverend Mother also officially held the title of Resident Manager of the Industrial School. In reality, the Reverend Mother had very little involvement with the day-to-day running of the School. Her role consisted of interacting with the Department of Education. The actual management of the Industrial School was left to two nuns – the Sister-in-Charge and, from 1942 onwards, her assistant.

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