7.78 Most complaints about physical abuse related to the administration of corporal punishment: there were allegations that it was excessive, pervasive, often undeserved, and even capricious, with the result that, in Goldenbridge, corporal punishment became the norm, and the children lived in a climate of fear. The Sisters of Mercy deny these allegations and, while they accept corporal punishment was used, submit that its use was normal by the standards of the day.
7.79 The Rules and Regulations for the Certified Industrial Schools in Ireland imposed limits on the use of corporal punishment. These limits were very restrictive for girls under 15 years, and even more so for older girls. The issue of discipline was dealt with in Regulation 12:
DISCIPLINE: The Manager or his Deputy shall be authorised to punish the Children detained in the School in case of misconduct. All serious misconduct, and the Punishments inflicted for it, shall be entered in a book to be kept for that purpose, which shall be laid before the Inspector when he visits. The Manager must, however, remember that the more closely the School is modelled on a principle of judicious family government the more salutary will be its discipline, and the fewer occasions will arise for resort to punishment.
7.80 Regulation 13 stated that the punishments should consist of:
(a)Forfeiture of rewards and privileges, or degradation from rank, previously attained by good conduct.
(b)Moderate childish punishment with the hand.
(c)Chastisement with the cane, strap, or birch.
7.81 The Regulation continued:
Referring to (c), personal chastisement may be inflicted by the Manager, or, in his presence, by an Officer specially authorised by him, and in no case may it be inflicted upon girls over 15 years of age. In the case of girls under 15, it shall not be inflicted except in cases of urgent necessity, each of which must be at once fully reported to the Inspector. Caning on the hand is forbidden.
No punishment not mentioned above shall be inflicted.
7.82 In addition, the Department of Education issued circulars and guidelines to Industrial School Managers, indicating that corporal punishment must always be kept within the bounds set down by the Regulations and must never be used excessively. Circular 11/1946 stated:
Corporal punishment should be resorted to only where other forms of punishment have been found unsuccessful as a means of correction. It should be administered only for grave transgressions, and in no circumstances for mere failure at school lessons or industrial training.
7.83 The Circular went on to state that punishment should be confined to slapping on the hand with a light cane or strap, and that this should only be administered by the Resident Manager or by a member of staff specifically authorised by him. It added that ‘any form of corporal punishment not in accordance with the terms of this circular is strictly prohibited’.
7.84 The Sisters of Mercy say that the general prevalence of corporal punishment in schools during this period is a factor which should be taken into account when determining whether corporal punishment was excessive or abusive. The regulations quoted above were drawn up at a time when corporal punishment was even more prevalent and yet the authorities recognised the need to make rules to protect children in care.
7.85 The regulations required that a punishment book be maintained and ‘laid before the inspector when he visits.’
7.86 The Investigation Committee has seen no evidence of any punishment book in Goldenbridge. There is no reference to it in any of the documentation furnished to the Investigation Committee, nor is any reference made to it by the Department of Education.