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As to allegations of physical abuse, the Congregation was also generally defensive. It maintained that this issue had to be seen in the context of the time, when corporal punishment was permitted, not only in industrial schools but in all schools, and was also common in homes across the country. Moreover, the Christian Brothers’ own rules forbade excessive punishment and encouraged a minimalist approach to the physical punishment of children. Where excessive punishment occurred, it was disapproved of, and the records of the Congregation showed that, where instances came to light, they were the subject of comment and criticism. A Disciplinarian was employed in the School to deal with all serious breaches of discipline, and that promoted consistency of treatment.

They maintained that there was overall a good relationship between Brothers and boys in Artane, and the picture of a frightening regime with a climate of fear was a misrepresentation of the situation.

The positions adopted by individual respondents were more consistent with the evidence of the complainants.

In accordance with the legislation, the Committee was required to determine what abuse took place in Artane, how it happened, how much of the particular abuse was perpetrated, and why it happened. This chapter addresses the different forms of abuse, which can be summarised as physical abuse, sexual abuse, neglect and emotional abuse. The method adopted in this and other chapters, in dealing with specific abuse, is first to analyse documentary material which may be considered reliable, and then to proceed to the oral evidence given by complainants and respondents, and to relate it where appropriate to the documented evidence. A further question has also to be considered, namely whether the Institution provided a safe, secure environment for the boys who were detained in it.

With regard to the oral evidence of complainants, the Congregation in its submissions drew attention to features that it maintained detracted from the credibility and reliability of testimony of abuse. It pointed out that the events in question happened many years ago, and witnesses’ memories were less reliable because of the lapse of time. They also pointed to interference of independent recollection by reason of contact with other former residents and by attendance at meetings promoted by campaigning groups. Other relevant features included media publicity and issues of compensation. These problems were exacerbated in the investigation of Artane because it was the biggest institution and one of the most controversial.

Any investigation of an institution such as Artane has to be aware of the possibility that evidence may be lacking in credibility or reliability for many reasons. Memories can indeed be affected by lapse of time. Witnesses whose credibility is not in issue may nevertheless be mistaken in their recollection of particular events. Influences may operate even subconsciously. A tendency to exaggerate the details of events also cannot be overlooked. Some witnesses intentionally set out to give untruthful evidence. The campaign for recognition and redress for wrongs alleged to have been committed in the past was not a reason to reject the testimony of everybody involved. The fact that witnesses attended meetings or spoke to others was relevant in considering the value of their evidence, but was not a basis for rejecting it as necessarily unreliable.

There can be no general rule, in Artane or elsewhere, either to accept or to reject the evidence of witnesses who may have been affected by factors tending to reduce the reliability of their evidence. Each witness has to be considered individually. As with evidence in a civil or criminal trial in court, the Committee may accept or reject the whole or any part of the testimony offered.

Grounds for questioning reliability of evidence were not confined to complainants. Respondents also were subject to lapses of memory and potential distortions of recollection. In some cases, the reliability of evidence could have been affected by the gravity of the allegations made against respondents themselves or against their colleagues; loyalty and affection for others, and for the Institution and the Congregation, may also have had a distorting influence on their testimony.

The approach taken by the Committee, of proceeding from analysis of documentary material containing contemporary accounts of incidents and then, where possible, assessing the oral evidence by reference thereto, tended to lessen the occasions where it was necessary to choose between witnesses asserting and denying particular events.

The Committee was satisfied that its approach yielded an accurate picture of the Institution and the matters which it was required to determine.

The role of corporal punishment in the management of the Institution is central to this topic. The Congregation accept that it was part of the disciplinary regime, but it also contends that Artane was no different in that respect from other schools, and that corporal punishment was also a feature of home life for many children at the time. Against a background of widespread use of corporal punishment, they contend that the system of discipline in Artane was not stricter than it was in primary schools. They do, however, concede that there were cases of excessive punishment by Christian Brothers in Artane. Some of those were documented in the Congregation’s records that were made available by way of discovery of documents to the Investigation Committee. The Brothers point to these records as evidence that the Congregation did not overlook or condone excesses in physical punishment. They also accept that there may have been more cases, but they are reluctant to go further by way of concession on this issue than was required by the documentary material in the Congregation’s archives. In coming to their position on physical abuse, the Brothers did not take into account the allegations that were made by complainants in their written statements.

The spokesman for the Christian Brothers at Phases I and III of the hearings was Br Michael Reynolds, who conceded that: There are three and possibly four cases there where I would say yes, there was certainly very severe punishment administered. I am not saying that is the totality of it, I am saying that is what I can work out of on record. I would say the discipline was quite strict and corporal punishment was used and so on. What I am saying is I don’t think that even in relation to physical punishment that it was an abusive institution by the standards of the time.

He was then asked if he accepted that it probably went further than that and he replied: I do, yes. Unfortunately I am doing that in one sense off the top of my head or from a gut feeling rather than saying – if I was challenged on that I can’t stand it up with documentation because I haven’t got it, but I am not saying that in the absence of documentation that nothing else happened other than what was documented here.

In relation to documentary sources, Br Reynolds was unable to explain the absence of a punishment book, which was required by regulations to be kept, but he accepted the obvious point that such a record would have assisted the inquiry. Indeed, as appears from the discussion of this matter below, maintaining that book would also have tended to reduce excesses.

The Congregation’s concessions stopped far short of what the complainants alleged and did not even match the admissions of individual respondents. Among the latter witnesses were Brothers and former Brothers who expressed sympathy with the boys and agreed with much of their evidence, and a number of them were also prepared to admit their own failings and frustrations and to criticise the system generally. The Congregation engaged a barrister, Mr Bernard Dunleavy, to report privately on a number of institutions, including Artane. In the course of this research, some Brothers were much more candid in interviews with Mr Dunleavy than were the Brothers who appeared before the Investigation Committee.