- Volume 1
- Volume 2
- Social and demographic profile of witnesses
- Circumstances of admission
- Family contact
- Everyday life experiences (male witnesses)
- Record of abuse (male witnesses)
- Everyday life experiences (female witnesses)
- Record of abuse (female witnesses)
- Positive memories and experiences
- Current circumstances
- Introduction to Part 2
- Special needs schools and residential services
- Children’s Homes
- Foster care
- Primary and second-level schools
- Residential Laundries, Novitiates, Hostels and other settings
- Concluding comments
- Volume 4
Chapter 4 — What the schools were required to doBack
Instructions in regard to the infliction of corporal punishment in national schools
Abolition of corporal punishment did not occur in Irish schools until 1st February 1982, when Department of Education Circular 9/82 stated that any teacher who used corporal punishment was now to be ‘regarded as guilty of conduct unbefitting a teacher’ and would be subject to ‘severe disciplinary action’.
Although this Circular could have provided grounds for a civil action against a teacher who acted in breach of it, it was not until 19973 that physical punishment by a teacher became a criminal offence.
Submissions made by the Christian Brothers and other Congregations on the subject of corporal punishment and physical abuse emphasised that the historical context is essential to any investigation. In particular, the fact that such punishment was permissible and widespread in schools and homes at the relevant time needed to be taken into consideration. The rules and prohibitions set out what was permissible or recommended in using corporal punishment, but it did not follow that departure from them constituted physical abuse. Neither did it follow that conduct that was occurring in other schools or in families at the time could not be abusive.
The complexities of this question can be exaggerated and are, in fact, more theoretical than real. People who lived during the time when corporal punishment was legally permissible in schools, and was acceptable in family circumstances, have no difficulty in deciding whether punishments that they experienced or witnessed were excessive. Teachers, parents and children knew what was acceptable, and were able to condemn excesses. They also knew what amounted to cruelty and brutality. The documentary, and much of the oral evidence about physical abuse related to instances that were considered at that time to be wrong, judged by contemporary standards, not by those of today. The term ‘physical abuse’ was not used, but the concepts underlying the term were well understood.
Pursuant to regulation 12 of the 1933 Rules and Regulations for Certified Industrial Schools, all industrial schools were required to keep a punishment book, in which all serious punishments were to be recorded. Only two such books, relating to a short period of time,4 were discovered to the Investigation Committee in the course of its inquiries, indicating that there was a complete disregard for this requirement on the part of school Managers. This had serious implications for the work of this Committee. Any investigation into historical abuse depends, amongst other factors, on proper records being maintained; and the information gleaned from one of the punishment books, from St Patrick’s Industrial School, Upton, would indicate that such records would have been a very important reference for the investigation.
- Regulation 12 of the Rules and Regulations for the Certified Industrial Schools in Saorstát Éireann, 1933, approved by the Minister of Education under the Children Act, 1908.
- The Department submits this wording ‘education provision’ means, in other words, the internal national school.
- Section 24 of the Non-Fatal Offences Against the Person Act, 1997 provides:
- ‘The rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished’.
- With the removal of this immunity, teachers are now subject to section 2(1) of the 1997 Act, which provides that:
- ‘A person shall be guilty of the offence of assault, who, without lawful excuse, intentionally or recklessly—
- (a) directly or indirectly applies force to or causes an impact on the body of another ...’.
- Teachers who physically chastise pupils may now be guilty of an offence and liable to 12 months’ imprisonment and/or a fine of £1,500, pursuant to section 3(1) of the 1997 Act.
- St Patrick’s Industrial School, Upton, County Cork and St Joseph’s Industrial School, Dundalk, County Louth.