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Tag Archives: offences against the person (non-fatal) act 1997

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.

 

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