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Tag Archives: corporal punishment

I was one of those interviewed for Kitty Holland’s silence-splitting article on “corporal punishment” in the Irish Times.* While it is unlikely that my abusers are still living, that is not true of later perpetrators. Should the public outrage prompted by Kitty’s article endure, the familiar Irish pattern must be resisted. That is to say, this time there there must be consequences for perpetrators.

The peculiarly Irish cover-up

Whether it is laundries, industrial schools, selling babies or illegal burials it goes like this: blame is placed on the state, religion, an institution or even culture. Blame is placed everywhere to protect the persons primarily responsible – the perpetrators of what are dreadful but (let’s face it) plain, ordinary crimes.

The alternative to cover-up: capture one and then keep going
Sure, these are historical crimes but here’s how it ought to go: Identify the most recent incident/crime and – with a view to pressing charges – check if the perpetrator is still alive or in the case of the babies check if anyone who covered up is still alive. Get one, just one. Then begin working backwards until we are absolutely certain that all living perpetrators have been brought to justice.

On school violence dates decide: crime or grounds for dismissal

In the case of national and secondary school abuse, there are two key dates 1982 and 1997.

In 1997 – yes, that late – teacher violence against a child was outlawed under the Offences Against the Person Act. This makes matters simple. If anyone has experience or is aware of a teacher hitting a child after 1997, the matter should be reported to An Garda. Citizens should demand that reports be treated with the utmost seriousness with a view to charges and court appearances.

Corporal punishment was abolished in 1982. The Department of Education’s new rule was clear – impossible to misunderstand – and well publicised – impossible for a teacher to be unaware of the change and the consequences: “The use of corporal punishment is forbidden. Any teacher who contravenes . . . this rule will be regarded as guilty of conduct unbefitting a teacher and will be subject to severe disciplinary action.”

Here’s the thing. On-line comments in the wake of Kitty Holland’s article make it clear that there was quite a bit of violent “conduct unbefitting a teacher”after 1982. These incidents and experiences and others not yet revealed must now be reported to the Department of Education and must then be treated with the utmost seriousness with a view to “severe disciplinary action.” Moreover, the only meaningful interpretation of “severe disciplinary action” is dismissal.

Now the real controversy: dealing with retired offenders

Dismissal will of course mean loss of pension. The question arises as to what is to be done about offenders who have retired. It would be utterly unjust if someone whose conduct while in employment was “unbefitting a teacher” were to enjoy old age on a teacher’s pension.

In accepting, investigating and pursuing allegations of violent conduct, the Department of Education and the State in general cannot allow an offender to get away scot-free on the basis of their reaching retirement without discovery. Bluntly, retired offenders must be pursued as rigorously as those still at work.

Finally, offences committed while corporal punishment was permitted

It is conveniently forgotten by offenders and their supporters that while corporal punishment was permitted in Irish schools up to 1982, it was subject to explicit Department of Education Rules. In other words, all teachers who decided that they would beat children knew what was permitted and importantly what was not: they could choose to inflict corporal punishment in accordance with the rules of their employment or they could choose to violate those rules.

Apart from the blatantly obvious that the rules did not permit attacks involving blackboard dusters, fists, kicks, brush handles, throwing children about, pulling them by the ears or hair, etc., the rules were utterly clear in other regards. Two such rules are crucial: i) Hitting a child for failure at lessons was forbidden; ii) Carrying about a stick or other implement for the purpose of corporal punishment was forbidden.

Though the overwhelming majority of teachers from the era of legal corporal punishment are either deceased or retired, it remains possible that a small number still work as teachers or in some other part of the public service. If they broke the rules – say, by attacking a child, carrying a stick or punishing for failure at lessons – they must go, they must be dismissed.

Clearly, it would be an outrage if similar but retired offenders were treated more leniently. It needs to be said that a question-mark appears over all of those now retired who were teaching prior to 1982. If witness reports are now brought to the attention of the Department of education to the effect that a teacher broke the rules governing corporal punishment, they must be treated with the utmost seriousness and urgency, and with a view to stopping pension payments to offenders. Urgency is vital as age is a factor; death should not provide the ultimate cover for an offending teacher.

– – – – – –

* https://www.irishtimes.com/news/education/beaten-the-irish-childhoods-ruined-by-corporal-punishment-1.3643489

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Perhaps Deaglán de Bréadún cannot write completely as he pleases in his Irish Times column, ‘Synger’ – An Irishman’s Diary on Synge Street CBS in the Sixties* or perhaps he’s unaware that the Department of education had rules. Nevertheless it should be pointed out that the column reinforces a mistaken view of what was permitted in Irish schools by way of beating children. If it is said without qualification that corporal punishment was permitted in schools, the statement is so lacking as to be a virtual lie but it is a lie which protects very many brutish retired teachers and perhaps some that are still working.

The truth is that while beating a child was permissible, the Department of Education had explicitly circumscribed that permission by a set of rules which – if obeyed – would have protected children from almost all of the beatings.

In other words, the majority of these teachers were in breach of their employer’s rules and were committing criminal assaults to satisfy their own perverse ends. It is quite simply not the case that in harsh times they were doing what was permitted or what was usual in society generally. Let’s be clear: what they did was explicitly forbidden.

Prepare to be surprised. The following are rules of the Irish Dept. of Education:

Corporal punishment should be administered only for grave transgression.”

In no circumstances should corporal punishment be administered for mere failure at lessons.”

No teacher should carry about a cane or other instrument of punishment.”

Teachers should keep a copy of these rules and regulations suspended in their schoolrooms in a conspicuous place.”

The pretence that it was otherwise is an instance within the shabby practice adopted in Ireland when dealing with child abuse. The practice is to avoid personal responsibility so that the state or the culture at the time can be blamed. The state may pay damages, the Taoiseach may apologise. However, not only will the guilty never be brought to account but their ill-gotten pensions will be paid.

It is not certain that it needs to be so. There was a time when it was believed that a pension was personal property beyond the reach of the state and the only course when dealing with an ill-gotten pension was the possibility of considering it a criminal asset. Since austerity it is clear that pensions are not untouchable.

Like those still alive who committed greater crimes in residential schools and Magdalene laundries, and who rigged illegal adoptions, it is completely unacceptable that guilty national and secondary teachers should be permitted to live blamelessly on comfortable pensions.

___________________________

* http://www.irishtimes.com/opinion/synger-an-irishman-s-diary-on-synge-street-cbs-in-the-sixties-1.2767159

 

There is a courtroom scene in the movie, The Wind That Shakes the Barley. It shows an IRA court operating during the war of independence. It’s probably accurate. That’s how they did things. The sentences ranged from rough to death.

The IRA justice system operates by excluding existing state personnel from an area or a “community” as it’s more usually called these days and making the citizens who reside there dependent for their security on SF/IRA volunteers/staff.

This is what Gerry Adams was talking about when commenting on the scandalous IRA treatment of rape victim, Mairia Cahill. He said that during the “troubles” the IRA was the police force in many nationalist communities in Northern Ireland. He is referring to their success in excluding the police (RUC) and setting up a rival to the state’s system of justice.

Leaving the question of legitimacy aside, there are problems of course with this kind of justice. Obviously, without the state law, institutions, personnel and expertise which are built up over centuries, the penalties imposed are bound to be quick, cheap and often brutal. However, victims and others seeking justice would also fall foul of the shambolic system. Both problems are well illustrated in recent SF statements.

Firstly, Gerry Adams is revealing in attempting to find virtue in brutality. “In an article published on his blog, Mr Adams outlined how republicans dealt with allegations of child abuse, saying that the IRA on occasion shot alleged sex offenders or expelled them.” – http://www.rte.ie/news/2014/1020/653455-mairia-cahill/

Now, it’s remotely possible that Gerry Adams is being clever in cynically using this scandal to cement the support of right wing voters who would favour corporal and capital punishment. It is almost certain, however, that he is being genuine. That is to say, he really does think that shooting offenders is evidence of a serious concern over sex abuse.

Secondly, SF explicitly uses the incompetence of the IRA investigators/judges to explain the dreadful treatment of sex abuse victims. Dessie Ellis, the Sinn Fein TD, says that while the IRA carried out criminal investigations, “To be honest they were not qualified to deal with something like sexual abuse.” – http://www.herald.ie/news/sinn-fein-td-ira-held-internal-probes-into-serious-crimes-30673144.html

Apart from the similarity here to the Catholic Church’s response to sex abuse, and the sordid implication that they feel they were competent when sentencing citizens to beating, maiming or execution, they seem to be at least aware that their justice system had its limitations.

It is also likely or at least plausible that their system never had as its objective the delivery of justice but that like terrorism its purpose was to convey a message to the state that its writ did not run in certain areas and to the people that there was a new authority.

Incidentally, some anti-water meter activists have learned from the IRA’s alternative-state approach. They want to alienate citizens from their police force (An Garda), portray the “community” as in conflict with the state, and insinuate “activists” as the voice of and leaders of the community. – https://colummccaffery.wordpress.com/2014/10/14/citizens-need-to-talk-about-a-contentious-suggestion-which-is-reported-regularly-by-an-uncritical-media/

Here is an article by Eileen O’Brien in The Irish Times of May 22nd 2012. http://www.irishtimes.com/newspaper/features/2012/0522/1224316501691.html

She is a teacher troubled by her past, “To every child I struck when I was teacher … sorry.” She invites victims to contact her so that she might offer individual apologies and “to open some sort of dialogue on the subject.” The intention here is not to make little of her public contrition. What she has done is brave and sadly unprecedented. There is, however, a problem with what she says.

The article could be naively accepted as a decent woman apologising for her participation in brutal behaviour which was permitted by the state. She is claiming not only that she regrets what she did but that what she did was permitted. The truth is that in this article she admits violating the rules governing her performance as a teacher and she should face sanction.

Firstly, she refers to her activities in the 70s and 80s. It needs to be established just how far into the 80s she went because corporal punishment has been prohibited in schools since 1982. Interestingly, teachers’ immunity from criminal prosecution was not removed until the passing  of the Offences Against the Person (Non-Fatal) Act in 1997, article 24 of which states: “The rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished.”

Secondly and on this there is certainty, she explicitly admits to breaching Department of Education rules. She describes keeping her stick available as a threat and for use on children. This despite a clear Department rule: “No teacher should carry about a cane or other instrument of punishment.” (The other rules re corporal punishment can be found here: https://colummccaffery.wordpress.com/2012/04/21/rewarding-guilty-teachers/)

It is usual for teachers who beat children to offer in their defence that it was common and approved at the time. It was certainly common but equally certainly it was highly regulated and those regulations were violated. It would be preposterous to accept by way of explanation that teachers weren’t aware of the rules; anyone in any job has an obligation to be aware of the regulations governing their post.

It is unacceptable that any public servant who flouted state rules should remain in employment or remain in receipt of any pension attaching to their job.

 

It is generally thought that indiscriminate beating of children was permitted in Irish schools until corporal punishment was banned. This was not the case.
The following are rules of the Irish Dept. of Education:
“Corporal punishment should be administered only for grave transgression.”
“In no circumstances should corporal punishment be administered for mere failure at lessons.”
“No teacher should carry about a cane or other instrument of punishment.”
“Teachers should keep a copy of these rules and regulations suspended in their schoolrooms in a conspicuous place.”
I find it unacceptable that any teacher who flouted these rules should now remain in employment or in receipt of a pension.