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Canon Law and the Constitutions of the Congregation also provided for immediate dismissal in the case of ‘grave external scandal, or of serious imminent injury to the Community’. In this situation the decree of dismissal was issued by the Provincial with the consent of his Council, or ‘if there is danger in delay’ by the local Superior with the consent of his Council and the Local Bishop. The case was then forwarded to the Holy See for judgment.9

The dismissal process which took place in the General Council, and which was often described as a canonical trial, is different from the formal canonical trial provided for in the Code of Canon Law, which describes the procedure for the dismissal of religious priests or members of non-exempt religious orders, and the procedure for the dismissal of members of diocesan congregations.

The Congregation was a large national organisation that moved its members around periodically. The regularity with which Brothers were moved depended on the functions they performed and where they were working. Teaching Brothers were moved more regularly than Coadjutor Brothers.

Industrial schools were perceived as hardship postings and they had a high turnover of staff. The vow of obedience meant that Brothers had to accept their postings no matter how unpleasant they found them to be.

Young Brothers were often appointed to teaching positions in industrial schools. The posting of Brothers happened at the same time each year, at the start of a new academic year. Brothers transferred outside of this period often excited comment, because the sudden transferring of a Brother could signal a serious punishment. No contemporaneous information exists concerning the criteria that were used to assess the suitability of Brothers for particular postings. However, the records of the Congregation show that, on a number of occasions, individuals who were accused of sexual abuse were transferred to other residential or day schools. In some cases, Brothers who had been sexually abusing children were, in their later careers, appointed to senior positions within the Province. When asked at the Phase I hearing for Letterfrack how this had happened, Br Gibson explained that, because the leadership in the Congregation changed every 12 years, there was no memory within the organisation of offences committed before that. He acknowledged that there was a personal file for each Brother and concluded that these files were not consulted in making appointments.

If Br Gibson’s theory is correct, it means either that the Provincial Council made its decision to fill senior posts without reference to the Brother’s history or to his personal file, or that the Council made its assignment in the knowledge of the man’s previous trouble.

Christian Brothers took the traditional vows of poverty, chastity and obedience, as well as two additional vows, namely ‘perseverance in the congregation’, and, for teaching Brothers, ‘teaching the poor gratuitously’. They differed in this regard from the Coadjutor Brothers, who did not teach, and whose commitment was to domestic chores in communities.

The vow of poverty required Brothers to deprive themselves of the right of disposing of anything of monetary value without the permission of their Superiors. They were not allowed to accept, take or retain anything for themselves save what they were allowed by their Superiors. They were required to give to the Congregation whatever they acquired by their industry or ability while under temporary or perpetual vows.

Constitution 87 relates to the vow of chastity. It ‘not only obliges the Brothers to celibacy, but also imposes upon them the obligation of avoiding everything contrary to the sixth10 and ninth11 Commandments of God’12. In addition to the injunctions against adultery and coveting one’s neighbour’s wife, the Brothers were to restrict communication with women to a minimum. Constitution 89 spelled out what was required: The Brothers, in their interviews with the mothers or female friends of their pupils and in all conversations with females, must observe great reserve and modesty and make the conversations as brief as possible.

Constitution 91 deals with relations between Brothers and their pupils. It states: Whilst the Brothers should cherish an affection for all their pupils especially the poor, they are forbidden to manifest a particular friendship for any of them. They must not fondle their pupils; and unless duty and necessity should require it, a Brother must never be alone with a pupil.13

The meaning of the word ‘fondle’ was discussed during the public hearings into Letterfrack Industrial School, when Br Gibson, on behalf of the Congregation, argued that the word did not have a sexual connotation, notwithstanding its location in the chapter of the Constitutions dealing with chastity.

A circular letter from the Superior General, Br P. J. Hennessy, in 1926 went into the nature of the vow of chastity in some detail. He wrote: In a discourse on “The Education of the Child”, Pere Lacordaire says: “It is necessary, above all, to love one’s pupil: to love him in God, not with a weak and sensual affection, but with a sincere affection which knows how to preserve firmness”. The child’s spiritual endowments and the end to which he is destined naturally cause the thoughtful religious to “love him in God”, while his natural charms tend to excite that “weak and sensual affection” that may easily prove to be ruinous to the child and teacher. Here is a DANGER SIGNAL that should never be lowered and should ever be heeded. The teacher who allows himself any softness in his intercourse with his pupil, who does not repress the tendency to “pets”, who fondles the young or indulges in other weaknesses, is not heeding the danger signal and may easily fall. Disastrous results for teacher and pupil have sometimes resulted from such heedlessness and effeminacy. Chapter VIII, Part I, of our Constitutions in its different articles, sets forth salutary precautions in this connection.

Assertions by some members of the Congregation that they had no awareness of the possibility of Brothers sexually abusing boys were not supported by the Acts of Chapter or the documentation.

Br Hennessy went on to exhort teachers to impress on their pupils the importance of purity: They must rigidly refrain from all unnecessary freedoms with their persons at all times. In bed they ought to fold their arms over their breasts in the form of a cross, and before falling asleep pray to their Guardian Angel to preserve them from every dangerous thought or act during the night.

As early as 1887, the Superior General was explicit in pointing out the danger of sexual activity amongst the boys: With vigilance in the playground is intimately connected watchfulness in regard to the conduct of boys in and about the water-closets ... Much harm may be done, and sin not unfrequently committed, in those places, if the necessary precautions be not taken, and if wholesome discipline be not strictly enforced ... A serious responsibility rests on the Brothers in this matter, if through their carelessness or want of proper caution any of their pupils should come to learn evil they knew not before.