Law Allowed Use of Cane, Strap, Birch, Carl OBrien, The Irish Times, May 21, 2009

Law Allowed Use of Cane, Strap, Birch

By Carl O'Brien
The Irish Times
May 21, 2009

http://www.irishtimes.com/newspaper/ireland/2009/0521/1224247034403.html

St Joseph's Industrial School, Tralee: Department of Education rules authorised the use of physical punishment for misconduct

CORPORAL PUNISHMENT: INDUSTRIAL SCHOOLS were legally entitled to physically punish pupils in accordance with laws which authorised corporal punishment, but the regulations governing the schools advocated caution in the use of such punishment.

The common law position was that a teacher was entitled to punish a child if they were old enough to appreciate the measure; where it was moderate and reasonable; and when the implement used was “fit for purpose”.

The Children Act of 1908 recognised this existing right to punish children, but did not alter it, according to the Report of the Commission to Inquire into Child Abuse .

Instead, it authorised the making of rules for running such institutions which remained largely unchanged during the life-time of industrial schools in Ireland. The regulations governing schools during the period of the inquiry were those in the standardised form, issued by the Department of Education in 1933. These authorised physical punishment in the case of misconduct by use of the cane, strap or birch, but advocated caution.

The regulation says: “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.”

There were signs – at least at official level – that there was unease at the use of corporal punishment within the department.

In 1946, a department circular to national schools emphasised that corporal punishment should be administered only for “grave transgressions” and not for mere failure at lessons.

“The boxing of children’s ears, the pulling of their hair or similar ill-treatment is absolutely forbidden and will be visited with severe penalties.”

Yet, there was hypocrisy, too. These rules did not permit the use of the leather strap. Yet, 10 years later, the rules were altered to allow for the use of the strap, indicating that it was in widespread use.

As a result, it is unclear what influence the circulars had. The inquiry report notes that they were not statutory provisions and a school could not be prosecuted for breaching a circular.

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.

Abolition of corporal punishment did not occur in Irish schools until February 1982, while physical punishment by a teacher became a criminal offence in 1997.