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79 entries for Commission Conclusions

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The Cussen Report did lead, over a period of time, to some changes, largely related to the internal management of the School. Capitation grants were increased and, by 1940, the teachers within industrial schools did acquire additional status to put them on the same footing as the teachers in National Schools. However, Cussen’s conclusion that the industrial school system ‘should be continued subject to the modifications suggested in the Report’ and that ‘the Schools should remain under the management of the religious orders who have undertaken the work’54 led to a protracted retention of the status quo for decades to come. Impoverished children who had lost one or both parents through death or social hardship, or who had been neglected or abandoned, continued to be stigmatised by a system that incarcerated and punished them for being in need. Both the Rosminians and Cussen deplored the effects of this system, yet they both seemed to accept that a life in an institution run by a Religious Order was to be preferred.

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General conclusions Physical abuse 1. Corporal punishment was the option of first resort for problems. Its use was pervasive, excessive, unpredictable and without regulation or supervision, and was therefore physically abusive. 2. Corporal punishment was the main method of maintaining control over the boys and it created a climate of fear that was emotionally harmful to the boys. 3. The system of discipline was the same in Ferryhouse as in Upton. The Rosminians accept that there was excessive corporal punishment in both institutions. 4. Young and inexperienced staff used fear and violence as a means of asserting authority. Punishments were inflicted for a wide range of acts and omissions. The severity of punishment was entirely a matter for the staff involved. 5. Rules and regulations governing corporal punishment were not observed. 6. Excessive, unfair and even capricious punishment did lasting damage to many of the boys in Ferryhouse. 7. Boys were punished for bed-wetting and were subjected to nightly humiliation, degradation and fear. 8. The regime placed excessive demands on the few men who did the bulk of the work. Sexual abuse 9. Sexual abuse by Brothers was a chronic problem in Ferryhouse and it is impossible to quantify its full extent. 10. Complainant witnesses from every era, from the early 1940s onwards, testified to the Investigation Committee about the sexual abuse of children in Ferryhouse. The Rosminian Institute acknowledged that not all of those who were sexually abused have come forward as complainants, whether to the Commission, to the Redress Board, or to An Garda Siochana. In their Final Submission to the Investigation Committee they wrote, ‘We know that some boys were sexually abused who have made no complaint to the Commission or otherwise, but have spoken to us about it’. 11. The succession of cases that confronted the authorities must have alerted them to the scale of the problem, and to the need for a thorough ongoing investigation as to how deep the problem went among the Brothers and staff in Ferryhouse. Such an investigation did not happen. Instead, each case was dealt with individually, as if no other case had occurred. The Order was aware of the criminal nature of the conduct, but did not report it as a crime. 12. Sexual abuse was systemic. When it was uncovered, it was not seen as a crime but as a moral lapse and weakness. The policy of furtively removing the abuser and keeping his offences secret led to a culture of institutional amnesia, in which neither boys nor staff could learn from experience. 13. The extent and prevalence of sexual abuse were not addressed although the Order had some awareness of its impact on children. 14. Once placed in posts, priests and Brothers had complete autonomy, and there evolved a convention of not interfering with what other people were doing. 15. The Department of Education did not act responsibly when an allegation of sexual abuse was made to it in 1980. Neglect and emotional abuse 16. Living conditions in both schools were poor, unhygienic, inadequate and often overcrowded. 17. Boys were hungry and poorly clothed in circumstances where funding was sufficient to provide these basic needs. 18. Education and aftercare were deficient. 19. Family contact was not encouraged or maintained. 20. As their submission to the Cussen Commission reveals, the Rosminians knew the detrimental consequences of the industrial school system, but did nothing to ameliorate them. They could have changed the regime, but they did nothing until the 1970s. The attitude of the Rosminians 21. The Rosminian Institute of Charity is to be commended for its attitude to the Committee. The Rosminians’ refusal to take the conventional adversarial approach, their sympathetic questioning of the witnesses, and their proffering of apologies to the witnesses at the end of hearings, all contributed to an atmosphere very different from that of other hearings. 22. The Rosminians used the memories of former residents to add to the Order’s knowledge of life and conditions in their schools. The witnesses became a source of information and, by tapping into it, the Rosminians helped the Committee’s inquiry. 23. The Rosminians’ attitude to the allegations evolved before, during and after the hearings. They were the first Order to apologise publicly in 1990. They sometimes modified their approach during the course of a hearing, and they issued a final submission that was a balanced and humane response to the evidence they had heard.

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1.There was systematic use of excessive corporal punishment in the 1940s. 2.There were complaints about Brothers in the early 1950s, when corporal punishment appeared to be widespread and on occasion severe. 3.Some Brothers were regarded as nice, friendly and approachable. When they used corporal punishment, it was for misbehaviour and was accepted by complainants as being justified.

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The secrecy surrounding the closure of Greenmount meant that the rights of the parents, and the emotional needs of the boys, were both ignored. It was carried out in a way that suited ‘the best interests of the management and conduct of the school’ without any regard for the right of parents to know where their children were being taken, or concern for the boys, who were suddenly transferred without any time to prepare themselves for the move. Parents were clearly upset, because they asked their TD to raise the matter in the Dáil. The documents concerning the closure show no compassion or concern for the boys’ emotions. The boys were kept in ignorance of the fact they were going to be moved from an institution they had lived in for months and, in many cases, years. To many, it was their home. Only at the last moment were they told where they were going to be taken. To many, this news must have been a shock causing much distress.

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General conclusions 1. A harsh regime with excessive corporal punishment was implemented by one Resident Manager, who continued to serve as a senior Brother after his period of office, and would accordingly have influenced the policy of the School, but there was evidence of a softening of the regime in subsequent years. No formal record was kept, as required by the regulations. 2. The Congregation and the Department of Education failed to supervise properly and were insufficiently objective. They placed too much reliance on the Resident Manager for information on how the boys were cared for and did not have independent investigation. Evidence of mistreatment was ignored. 3. The 1955 investigations into sexual abuse revealed grave failures on the part of the Congregation and the Diocese, and let two persons who were believed to be guilty of sexual abuse to continue careers dealing with children. 4. The interests of the Congregation were prioritised in the manner in which Greenmount was closed, and the lack of information to the parents and the boys themselves, by both the Congregation and the Department of Education, showed an indifference to the people most affected by the closure.

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1.Br Guthrie perpetrated sexual abuse for 32 years with at least 100 victims. Br Dieter, who had a room at the other end of the Sancta Maria dormitory from Br Guthrie, was in Lota for 20 years, with a few short breaks, and then was in Renmore for four years, when he was removed and sent to finish his teaching career in England. Between them, these two sexual abusers operated in schools run by the Brothers of Charity in Ireland for 58 years. Both were promoted to Principal, and one of them to Chairman of the Board. Several of their colleagues were also accused of sexually abusing children. The crucial questions are, ‘how did this disturbing history of sexual abuse come about?’ and ‘what allowed it to continue for so long?’. 2.Lota was an enclosed and inward-looking Institution, and the pavilion system created three enclosed worlds within an enclosed world. The Brothers in charge had complete autonomy and acted without fear of repercussion. 3.The children with learning disabilities were treated as ‘different’, with fewer rights than children outside the Institution. Their near-total dependency on adults to care for them and protect them made them very vulnerable. 4.There was no training provided and no internal structure within the Congregation for reviewing the performance of individual Brothers. Once Brothers were appointed to Lota, they could remain there for decades, even if their performance was unacceptable and unprofessional and their behaviour fell below ethical and moral standards. With no system of inspection and no external supervision, sexual abusers were able to operate with little fear of detection. 5.When sexual abuse was discovered, management failed to take action. They chose to protect the Institution and the reputation of the Congregation, rather than the children. It was the failure of leadership to manage the problem, and remove the abusers, that allowed the sexual abuse to become systemic and pervasive within the Institution.

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General conclusions 1. The Congregation kept records about sexual abuse allegations concerning lay people, and routinely involved the Gardai. The situation was different for Brothers. The allegations were dealt with internally, and no records were kept, or else were kept in codified language. For this reason, factual information about the true extent of sexual abuse did not exist, and abusers were left free to abuse again. 2. The Brothers of Charity failed in their duty of care to the children in Lota, in that they placed a known sexual abuser, unsupervised, in a school with the most vulnerable and at-risk children. They ought to have known that he would commit similar offences. 3. By placing a known abuser in Lota, to avoid the intervention of the English police who were investigating him for sexual abuse offences, the Order showed total disregard for the safety of children in their care. 4. The Brothers of Charity put the reputation of the Congregation over and above the safety and care of children who were among the most vulnerable in the State. 5. The inadequate system of vetting and monitoring staff allowed abusive Brothers to be placed in managerial positions, with direct responsibility for and control over the entire School, staff and boys. Their position of authority within the School made detection an even more remote possibility. 6. When Br Guthrie was removed from his duties in 1984, supervision of him was so inadequate that he still took children from another school on camping trips, and made persistent and unwelcome contact with a boy he had been abusing, to the point of taking him away on further excursions. 7. The Brothers of Charity, despite knowing of his sexually abusive behaviour, removed Br Dieter to an institution in the UK where he abused again. 8. The management of the Brothers of Charity consistently failed to provide a safe environment for the children in their care. 9. When sexual abuse was disclosed, the Brothers of Charity did not conduct any proper investigation into the extent of the abuse. They simply removed the abusers and continued working as before. 10. The Department of Education and the Department of Health did not undertake any regular inspections of either the School, or boys in the care of the School, which could have identified problems occurring in the School. The residents were placed in a School where the Congregation who was charged with their care was reckless and negligent. 11. The additional duty of care owed to these children was not provided by the Brothers or by the State, who delegated this responsibility without provision to ensure that the necessary quality of care was provided. 12. It is incorrect for the Congregation to claim that it only appreciated the extent of the problem of sexual abuse after 1995, when the Gardai became involved. The limited documentation that has survived clearly indicated that those in positions of authority within the Congregation were aware that children in their care were at risk of sexual abuse, and were in fact being sexually abused. 13. In its Emergence Statement to this Commission, the Congregation did not examine its own management failures that led to the appalling situation in Lota. The extent of the sexual abuse which was perpetrated in Lota on dependant and vulnerable children was not solely a result of the actions of predatory sexual abusers, but was also due to the extraordinary ambivalence of the Congregation to sexual abuse when committed by one of its own members.

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Sr Alida and a lay teacher depicted Goldenbridge as a grim institution in the 1940s, when children were seriously neglected and when inadequate staffing deprived them of proper care. 150 children were left in the care of two unqualified teachers and an ill, elderly Sister. The person with statutory responsibility, the Resident Manager, took no active part in running the Institution. Defects in the management of the School were not observed by official inspectors.

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In conclusion, Mr Crowley stated: The unsafe world of Goldenbridge developed a very particular culture which could not meet the needs of children. Very powerless people had enormous and immediate power over troubled and troublesome children. The abuse of the power and powerlessness was almost inevitable. Almost any kind of abusive incidents could have occurred.

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1.Overall, there was a high level of severe corporal punishment in Goldenbridge, resulting in a pervasive climate of fear in the Institution. 2.Beatings on the landing were a particularly cruel feature of the regime. 3.A parallel, unofficial system of punishment permitted every member of staff to use corporal punishment, which was often excessive. Some former residents, who were unsuited for outside employment, were retained as helpers and often administered severe punishment. 4.Children were beaten and humiliated for bed-wetting by both nuns and lay staff. 5.There is no evidence that a punishment book was kept in Goldenbridge, as was required by the regulations, and the absence of this important record should have been noticed and reported by the Department Inspector.

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1.Bead making became an industrial activity that was pursued obsessively; the work was difficult and uncomfortable and it was painful for children especially those who lacked dexterity and speed. 2.The quota system made the work onerous and pressurised and a source of stress and anxiety. 3.Supervision by lay workers or nuns to ensure quantity and quality on pain of punishment created work conditions that would not have been tolerated in factories. 4.Using the children for this work deprived them of normal childhood recreation that was necessary for emotional, social and psychological development.

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1.Sexual abuse was not a significant issue in the investigation of Goldenbridge, but there was an incident in 1962 which was dealt with promptly. 2.Management did not consider the risk of sexual abuse when sending children to foster families.

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1.Goldenbridge could have operated a kinder regime, where children were safe and secure, in keeping with the aspirations of the Sisters of Mercy, but it failed to do so. 2.Witnesses described how the conditions in Goldenbridge left them with low self-esteem for the rest of their lives. 3.Children were routinely humiliated and belittled by the nuns and carers who looked after them. 4.Children with parents or relatives who kept in touch received more favourable treatment than those children who did not. 5.Girls left Goldenbridge ill-equipped to deal with the outside world.

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Each of these allegations highlighted by the ‘Dear Daughter’ programme had a basis in fact. While there were differences in perception as between the Congregation and the complainants, complainants who referred to these elements did not thereby become unreliable witnesses.

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The severity of the problem tackled by Sr Bianca and Sr Alida disclosed evidence of severe neglect. The work undertaken by these two nuns was heavy and relentless and brought about immediate improvements to the School. The absence of reference to these problems in the Departmental Medical Reports discloses a weakness of the inspections.

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