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Complainants alleged that the regime of discipline was unlawful, cruel and unjust. They claimed that it was impossible to avoid punishment in Artane, and that punishment was administered inconsistently, irrationally and capriciously by different Brothers. They alleged that, even if a boy obeyed all the rules and did what he was told, he could encounter a Brother who was in bad form or who had some other excuse for administering punishment. A boy might be punished for anything or for nothing. They maintained that there was a pervasive climate of fear in the Institution that came about because of the unbridled use of corporal punishment.

Although Artane had an appointed Disciplinarian to deal with serious offences, all Brothers carried leathers and administered punishment for a wide variety of infractions, and other adults were also permitted to punish. Witnesses did not generally complain about punishment that they felt was deserved, even if it was severe.

One long-serving Disciplinarian was acknowledged, by all the former residents who spoke about him, to have been strict but fair even though he sometimes punished them severely. This Brother was named and accused of physical abuse in many complainants’ statements, but the Investigation Committee did not find that the evidence at Phase II supported such a conclusion.

The Investigation Committee had to choose between conflicting accounts of the regime in Artane on the fundamental issue as to whether uncontrolled corporal punishment was a feature of the system, so that physical abuse was systemic, or whether there were occasional contraventions of the rules that did not undermine a proper system of management.

The material available to the Investigation Committee in considering this issue included: The evidence of former residents and members of staff. The evidence of Dr Paul McQuaid, Consultant Child Psychiatrist, who did some work and research in Artane. The report written by Fr Henry Moore in 1962, together with his evidence to the Investigation Committee. Department of Education discovery. Garda Síochána discovery. Contemporary documents including the Visitation Reports compiled by the Christian Brothers during the period under review. Letters on the subject of corporal punishment provided by the Christian Brothers.

Br Noonan was Superior General of the Congregation from 1930 to 1949. He was anxious to reduce the reliance on corporal punishment and he admonished those who were intemperate in its use. There are some grounds for believing he did keep down its excessive use during his tenure of office. Letters written by him make it clear that the management of the Congregation knew excessive and frequent use of corporal punishment was a problem from the beginning of the period of this inquiry.

A Visitation Report in the early 1930s described an extraordinary penalty imposed on a Brother in the refectory: Br Sebastien5 erred on two occasions in punishing boys severely. The Superior reproved him publicly and ordered him to make a public apology, on his knees in the Refectory ... Br Sebastien was honestly penitent and determined to amend. Indeed he is on the whole a good young Brother.

The severity of the punishment meted out to the boys to warrant this extraordinary reprimand was not disclosed, but Br Sebastien did not mend his ways and continued to punish boys excessively. Evidence of his subsequent conduct was found in a letter to him in 1937 from the Superior General, Br Noonan, who made it clear that he deplored severe physical punishment: In order to make your life more pleasing to God by fidelity to your obligations I wish to point out two rather serious faults mentioned in the suffrages I received about you. One is your severity to the boys. This is indefensible; it is in every way against the canons of the teaching profession. Punishment in a moderate way is allowed; but severity is altogether to be avoided. It injures the boy’s feelings and never produces real improvement. Let Christ be your Model; He was meek and kindness itself, yet He was the greatest Teacher the world has ever known. Do not imagine you have discovered better methods in harshness and severity.

The second fault referred to in the letter concerned his vow of poverty.

In a similar letter in 1935, Br Noonan wrote to Br Jules6 in Artane: You incline to the harsh side in school both in language and in inflicting bodily pain. Pupils hate sarcasm and they have a keen sense of what is just and fair in punishment. If you would secure respect for yourself and for your teaching be kind and just towards your pupils. It is said you are a poor student yourself. Perhaps it is due to your failure to make preparation for your work as a teacher that your pupils are made to suffer doubly.

Br Jules previously worked in Tralee in the 1930s, where his behaviour had also come to the attention of the Provincial and a Visitor. Whilst in Tralee, he was accused of beating a boy severely. When he was asked for an explanation of this severe corporal punishment, Br Jules wrote to the Provincial claiming that the Industrial School Inspector had advised him to give the boy special physical training to remedy a physical defect. The boy failed to perform an exercise on this occasion, though formerly he had been capable of doing so, and he had therefore been punished. Br Jules acknowledged that this punishment was excessive in the circumstances.

Less than a month later, the Visitor commented that Br Jules had his: boys in a state of terror. He maintains a harsh, unnatural discipline. His boys show this. At times, he has been very severe and has treated individual boys in a cruel manner. He does not seem to realise that he is severe or if he does he will not admit it. Br Karcsi7 is being drawn to follow his bad example however, Br Karcsi is by no means so bad ... Were it not for the occasional outbreaks of severity on the part of Br Jules, and his general harsh manner in dealing with them, the school would hold a high place amongst our Institutions.

Br Jules had been due to take his perpetual vows, but was rejected. The following year, it was noted that he was too exacting in school. He showed ‘little devotedness to study’ and was ‘troublesome, crossgrained’. It was concluded that he ‘has not had good record – doubtful candidate’. He was, however, ultimately allowed to take his vows.

He moved from Tralee to Artane, where he stayed until the 1950s. He later worked for six years in Glin.

Br Beaufort8 was on the staff of Artane throughout the 1940s and early 1950s, having previously worked in Tralee,9 where he received a letter from Br Noonan, Superior General of the Congregation, warning him about his temper and the risk he posed of causing serious bodily harm to the boys: A still more dangerous weakness in you was mentioned in the suffrages. You are passionate in your dealings with the boys. In fact at times you show so little control of your temper that you are in danger of inflicting serious bodily harm on the boys by your manner of correcting them. Watch yourself and pray to God to give you some of His meekness and forbearance. Never punish a boy in any way except what is permitted by the Rule. Forgive easily the small failings of your pupils and in this way more good will be done than by harsh treatment.