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Seanad Éireann díospóireacht -
Wednesday, 19 Jan 1966

Vol. 60 No. 10

Rules for National Schools: Motion (Resumed).

Debate resumed on the following motion:
That the Seanad would welcome a reconsideration by the Minister for Education of recent changes made by him in the Rules for National Schools.
—(Senator Sheehy Skeffington.)

I shall not delay the House long. On the last occasion I was dealing with the necessity of spelling out as clearly as possible what is allowed to teachers under the rules as far as corporal punishment is concerned. The more clearly we spell out the rules, the better it will be for the teachers and for the pupils and the more peace the Minister is going to have in his headquarters. The Minister in his contribution to the debate said, at column 593, Volume 60 of the Seanad Debates for 24th November:

It is only on these rare occasions when what is at stake is the teacher's authority that corporal punishment should be used.

That is a pretty clear statement and I cannot understand why a draft rule embodying the Minister's view on that should not be incorporated in the book of regulations. The Minister seems to have cleared his mind on it and I should like to accept that that is the Minister's sincere viewpoint. I should like him to tell the House why it is not possible to embody that rather than leave the rules so vague. He did mention here, and I think in the Dáil, that perhaps the very vagueness of the rules could in certain cases act as a deterrent as far as certain teachers are concerned when it came to the use of corporal punishment, that the fact that they did not know what was in the Minister's mind might act as a deterrent. Personally, I cannot follow that and I do not accept it. I would much prefer if all should know where they stand.

I mentioned on the last occasion some comments on the old Rule 96. I did that because some of the speakers who put the case on behalf of the teachers so ably, thanked the Minister for removing Rule 96 which stated that the boxing of pupils' ears, pulling hair and similar treatment were forbidden. The argument put forward by certain Senators was that the very fact that that rule was there to be seen cast a slur on our teachers and that visitors coming here and asking to see the rules were horrified at the idea that such a rule was necessary. The view was that this was not necessary at all: "Let us remove this rule"—sweep under the carpet, if you like, the idea that such could take place. At the same time that that rule was removed, an entirely new paragraph was added to Rule 130, to the effect that ridicule, sarcasm, or remarks likely to undermine a pupil's self-confidence should be avoided. That did not appear in the old Rules. It has been brought in deliberately by the Minister. It is accepted by many people who are entitled to speak on a matter of this nature that sarcasm or standing pupils in a corner and exposing them to ridicule could be even more hurtful than physical punishment and that a good teacher would not even dream of doing that; yet the Minister finds it necessary to incorporate that specifically in the Rules and his action is welcomed by the teachers' spokesmen.

I do not think they can have it both ways. In my opinion, it is just as great a slur, if you put it that way, to have that incorporated as the previous Rule dealing with the pulling of hair. I welcome that paragraph in Rule 130 because I do not think it casts any slur on the teacher and it clears the air for all concerned and likewise I accept the same applies to the old Rule 96 in that it makes it quite clear to all and sundry, and to that section of the teaching profession which might be tempted to use corporal punishment.

The present position, as far as I can ascertain, and I have made quite a number of inquiries, is that corporal punishment is inflicted for not knowing lessons in national schools. I am satisfied that that takes place. We are not discussing here the question of cruelty or the use of any weapon other than the cane. I am talking about the use of corporal punishment for not knowing lessons.

Does the Minister believe that this is so? If so, is he prepared to see that the rules, as they are laid down, are carried out? Even during the course of the discussion so far, a number of speakers, and on his own side of the House, made it quite clear that from their experience children were being slapped and beaten for not knowing their lessons. If there are rules laid down, let them be observed. Those whose function it is to teach respect to the youth should have respect for any regulations laid down for their own conduct.

To me, the test as far as children are concerned is their view about going to school. Do they like to go to school or are they afraid to go to school? If children go to school shivering in their boots, afraid of facing the teacher, there is something wrong. I think such fear is being eliminated as the years go by. I know from talking to my own nieces and nephews, of whom I have plenty, that the majority love the idea of school and the question of fear does not enter their minds at all. That is a welcome sign. It is a sign that the teacher is not there as a bogeyman or somebody to frighten them. However, there are still schools where the children go fearful of punishment. It is in these schools we will find an excessive use of corporal punishment.

I listened with great attention to the various speeches made and I read many of the comments outside in letters to the various papers. It is extraordinary that running through most of the contributions of those who still favour corporal punishment was this: we must drive out original sin. Drive out original sin—with the stick, I presume? We have others who say that we must be cruel to be kind. Then there are others whom I would describe as the Bible-searching, Scripture-quoting protagonists of corporal punishment. They are prepared, like Cromwell, to produce something out of the Bible in order to justify their belief. Cromwell was a great man to quote Scripture, but he is not thought very highly of in this country in spite of his great faith in the Bible and Scriptures.

Those, like the Senator who moved the motion, who have interested themselves in this issue have been described in this House and outside it as "cranks". That word has been used here several times. As far as outside is concerned, it is the most frequently used word to describe those who took it on themselves to initiate a discussion on this matter. The idea is to put this into the minds of the public—that these people are cranks—and thereby reduce the value of any contribution they may make to the debate.

Let us ask ourselves: what is a crank? It varies in different periods. In records kept in the town of Roscommon, for instance, about 140 years ago, a child between 11 and 12 years was hanged for stealing. A number of people were horrified by that barbarity, but quite a number felt also that this was a sin that had to be punished. Those who thought it was barbarous were looked on at that time as cranks. The people who condoned that hanging were otherwise decent, good-living people in every respect. But they condoned the action as being carried out under the law as a punishment for evil.

Sixty years ago, children from seven to ten years were harnessed to trolleys and carriages underground and forced to draw coal in many pits in Wales and other parts of the world. Young people from eight to 12 years were forced to work in factories in industrial Britain at that time for from 14 to 16 hours a week in dark rooms. A number of people said at the time that this was a terrible way to treat young people. The description I find of those people is that they were well-meaning but they were cranks. That was the description applied to them by those who did not want to change that society.

It is interesting to note that during that period, when this exploitation of the young was going on, the economists of the day, speaking on behalf of the benevolent employers, were able to produce statistics of the danger to the economy if child labour was done away with. One hundred years ago, slavery was in operation, and those who tried to stop it were regarded as cranks.

Therefore, in our Christian community today, when people like Senator Sheehy Skeffington have the courage to lay their head on the block in a matter of this nature, we should recall that it was cranks of the type I have described who down through the years brought about the change in our outlook so far as children and society are concerned.

The Minister has admitted there was a problem. He said:

I believe that there is a little more than comes to light officially for one reason or another but I do not believe that it is widespread or extensive.

He was referring to the excessive use of corporal punishment. He asks us to help him devise ways and means of bringing these cases to light. He suggested that parents could appeal to the Minister. Possibly, that is a solution; but for a progressive Minister who believes himself to be practical in his approach, I do not think that that approach could be described as a practical one. We know the Minister's predecessor was submerged with letters of complaint from parents and others. I do not think the Minister should have his valuable time taken up investigating complaints of this nature. His function is to plan education and not to act as a kind of referee or umpire on complaints about corporal punishment in schools. I do not think it should be necessary for him to come into this at all. Furthermore, the Minister should know that parents will not complain to him. After all, the parent who may feel very annoyed about a child's being ill-treated, as he thinks, says to himself: "Well, my child will be in this school for another number of years and I have to make sure there will be no further punishment or vendetta because of a complaint". It is only natural that a parent will be very slow in the circumstances to do anything about it.

I want to come to what I think could be done, and reference has been made to it by the mover of the motion and, indeed, by others. I want to refer to what I think is the proper way to deal with this question, instead of having the Minister cluttered up with it. The Minister should take his courage in his hands and initiate parent-teacher groups. In the Dáil he was asked a number of supplementary questions about corporal punishment and no less than five times in the course of his reply, he said: "A just and wise parent would do this", "a just and wise parent would do that" or "this is being done just as a just and wise parent would do it". As far as the education of the child is concerned, we accept that the parents' rights are inalienable, but will anybody tell me where the parents are consulted? The Minister has referred to the just and wise parent but I am blowed if I can see where that just and wise parent is consulted at any stage of the educational planning as far as the children are concerned. Whatever way the Minister flatters the parent here by describing him as just and wise, I am afraid the parent is not supposed to have a mind of his own at all.

The winds of change—that expression has been used fairly often—have been blowing recently in places other than Africa. I believe it is time for fresh thinking on this question. After all, the parents are there, unorganised and helpless to a great extent. I hope the able spokesmen for the teachers' organisations will not feel annoyed when I say I believe that the teachers' organisations and the representatives of these organisations must take part of the blame for keeping things as they are. When I find the teachers' leaders and spokesmen saying they did not want to be consulted on the rulings, I think they are taking the wrong view. When the teachers' representatives say they did not ask the Minister——

It is not a custom of mine to interrupt, but, on a point of accuracy, that statement was not made. It so happened that we were not consulted but we did not express a wish, one way or the other.

I certainly accept what the Senator has now said, but, at the same time, I must refer him to the fact that he compared the teachers to the Garda Síochána and to the Army and, like the Garda Síochána and the Army, I presume his idea was to suggest that they were under orders. If Senator Brosnahan now tells me that the teachers are anxious to be consulted about the Rules, I accept it and am very glad to hear it.

We were consulted on the Rules generally. We were given a draft copy of the Rules quite a long time before they were put into effect but we were never consulted on that particular Rule.

I take it, at any rate, that the spokesmen for the teachers are anxious to be consulted on these issues and I hope that will be the case in future.

As the Senator was interrupted, might I also interrupt? I thought the Senator was about to make some practical suggestion. Will he do so?

I hope I am, anyway.

I hope so, too.

I was coming to the idea of the parish committee. I was leading up to it.

In a roundabout way.

I said that the parent seems not to have counted up to the present, as far as the Department of Education in particular is concerned. I believe it is accepted that the important unit in this country, as far as society is concerned, is the parish. I have never heard of a parish group being invited by the manager, by the Department or by anybody else, to give their views on education. I do know that parent committees are very welcome when it comes to running a bingo session or when it comes to running a carnival. At that stage, their brains are very useful. However, I should like to see the reaction of some managers I know if such a committee said: "We have formed ourselves into a bingo committee or a carnival committee, as the case may be, and we shall now form ourselves into a parents' committee". I should be interested to know the reaction in some parishes to such a suggestion. Therefore, I think the onus, at this stage, is on the Minister.

He should know that certain groups are waiting for a lead from him. I believe the day has gone in the parish when the parish priest, the teacher and the doctor are looked upon as something out of this world, as the only people who know anything and who are entitled to speak.

And it is right.

It is one of the direct effects that has arisen as a result of emigration.

And education.

The Minister should accept the responsibility of initiating the parent-teacher committee. I shall not enter into it in detail because I believe there are many views on it and there are plenty of people better qualified than I am to suggest to the Minister how often such a committee should meet, what the discussions should be about and the extent of its powers. As a public representative, I am completely in favour of the idea and whatever backing I can give the Minister— he may not accept it or otherwise—he will have it.

I resent very much the idea of a Minister of this Parliament suggesting that the less talk we have about this matter, the better. He sought to suggest that certain elements in this country who were advocating parent-teacher groups should keep silent because they are doing damage. I do not accept that at all. The people who are doing damage are the people who are keeping quiet and have not the courage of their convictions to say out openly what they know to be true and what the position actually is. This cannot be done overnight. We do not expect a revolution to take place even during the Minister's tenure of office, be it long or short, but as he has spoken— prior to taking over this onerous burden as Minister—in favour of the parent-teacher groups in no uncertain fashion, we know that his mind at that stage was very much in favour of the idea. I hope I am not doing him an injustice when I say that he seems to have been affected by the departmentalisation disease since he took over.

Has the Senator one shred of evidence for that statement?

In the course of the Minister's contribution, the latest I have seen in writing from him——

The Senator was going to make suggestions but he has not made any yet. He is going round the world.

I should not like the Minister to depend on the suggestions made by Senator Ó Maoláin the previous day. If the Minister does take the initiative on this, I think the idea of bringing about a decentralisation would relieve him of a lot of the annoyance and routine he will have to deal with as far as school problems are concerned. If his desk is cluttered up with complaints on the rules from some parents, that is because he is the final decider, shall we say, outside of court, as to whether or not justice is being done to the pupils. It is not reasonable to suggest that that should be a Minister's function. If he has a parent-teacher group in a parish, very often, as I believe at any rate, those complaints would be solved without any trouble when the parents got together. I know you will have the awkward parent who thinks that the sun shines out of Johnny, or that his daughter Mary is beyond reproach— two little angels. A parent may very often feel annoyed at the way children are treated but the best possible way to have that matter cleared up is by the parents getting together. It is very easy to get an awkward parent cut down to size by the other parents in the parish when they all get together. To my mind such a change would bring about big changes in our society after a short period.

As it is, particularly in the rural areas, there is no such thing as what we would describe as organisation to help the groups in a proper way. There may be this organisation for amusements, for certain other functions, but there is no real initiative displayed by the people themselves. They have to be led and they expect leadership from certain people, particularly from the religious groups. It is not fair to expect a parish priest to lead the parish in all aspects or to act as a general adviser on matters outside his own particular scope. But the position today is that the people have become so accustomed to the present day situation that they are not prepared to move on their own in any regard. By bringing parent-teacher committees into existence, the Minister would be opening the door to a bright future as far as initiative and so forth is concerned on the part of our people and I would ask him to start on this now.

In the meantime, if the Minister is determined to allow corporal punishment, apart from the suggestion that another teacher should carry it out, and that of course is not practicable in many schools, one thing could be decided upon, that is, that a rules or punishment book should be kept in every school. It should be mandatory on the teacher to enter into that schoolbook, for inspection by the Minister's inspectors, every occasion when corporal punishment is carried out. The reason I say that should be done is that it would be a safeguard for the teacher himself and, very often, would prevent punishment being given where a loss of temper is involved. It would act as a restraint. That is one suggestion which might be of help to the Minister. Outside of that, I would suggest to him that when rules are made, he should see that those rules are obeyed.

Ba mhaith liom cúpla focal a rá ar an dtairiscint seo. Déanfaidh mé iarracht a thaispeáint nach bhfuil sa rud go léir, im thuairimse, ach ráiméis, seafóid agus cur-i-gcéill. Sa chás seo, ní dóigh liom go bhfuil dúthracht nó macántacht ar bith ag baint leis an Seanadóir léannta a mhól í nó leis na daoine eile a chuidigh leis go dtí seo. Do raghainn chomh fada agus a rá nach gcreideann siad féin sa rún ach oiread.

At the outset I want to say I have read over this motion and have listened to the proposer, Senator Sheehy Skeffington, and the other speakers who supported him on it. I have the height of respect for Senator Sheehy Skeffington from what I know of him. I cannot say I know him personally but I have heard of him on many occasions. I listened to him making his case and one thing impressed me—the way he skipped lightly over many of the rules—and, before he was speaking for very long, there was no doubt in my mind or in the mind of any of the Senators here as to where he is heading because I had already heard of one of his pet subjects, and, like the grandfather clock of old, he stopped short when he got to this particular Rule.

He will continue to go.

I refer to this Rule on corporal punishment. I think it is not unfair of me to suggest that he is merely using this motion to ride the hobbyhorse of publicity. I have been amazed at the way in which he has used the sanctuary of Seanad Éireann to make statements, some of them slanderous, about defenceless people who are unable to come into this House and defend themselves and who have no chance whatever of refuting the allegations he has made in support of his motion. I would venture to say he seems to play the role of a fairy godfather, very tender-hearted as far as his attitude to children is concerned, but, at the same time, the very way in which he attacks these defenceless people shows that he is very vindictive and inflicts very severe punishment on other people—who are not children but actually grown up people—who are unable to reply or defend themselves because he makes these accusations within the privilege of this House.

I feel that he is more or less the mouthpiece of some pressure group or groups, whoever they may be, who for a long time have been making attacks on the teaching profession. I venture to say that it may be a thinly-veiled weapon used to attack teaching brothers and nuns and managers, using the lay national teachers as a kind of cannon fodder. I think it was one of the supporters of the motion who recently said that he was actually putting his head on the block. I cannot see very much bravery in a man putting his head on the block when he knows quite well the executioner will not be in a position to bring the axe down on his head because he is protected by the fact that he is in this House.

I distinctly remember that when introducing his motion, he drew a letter from his pocket, a letter from a parent whose boy was attending the college attached to St. Patrick's Training College, Drumcondra. Incidentally, that college is the cradle and alma mater of a great many of the lay national teachers, and it is a college which has done a tremendous amount of work in fostering the education of our people and also national ideals.

In this letter the Senator accused the teacher, Mr. Frank McAleer, of boxing the child's ear. I might say that Senator Brosnahan, who is a representative of the teachers and who is here in this House, has since investigated that case and I think I should read here what has been said on it, seeing that the proposer read the other letters. I should like it to go on the records of the House that the charge made in the letter is without foundation, is based on falsehood and was used in an irresponsible and invidious manner under the privileges of this House. In fairness to Mr. McAleer, against whom a false charge has been put on the records of this House, I wish to read a statement which Mr. McAleer has furnished to the INTO.

On a point of order, is it in order for a Senator—I do not wish to interrupt him—to read a statement prepared by another member of the House?

It is not prepared by another member of the House; it is a statement by Mr. McAleer.

Grave charges have been made against an individual outside this House and the Chair feels that an opportunity should be given for correction, if correction it be.

Will the document be put in the Library?

The document, of course, will have to go on the records of the House.

I should say that I have no objection.

The statement says:

On Friday afternoon, November 12th, Vincent Perry was in the school shed interfering with broken desks when he should have been in his line with the rest of his class. When I asked him to go to his line, he did so with evident reluctance and in a disrespectful manner with his hands in his pockets and a cheeky smirk on his face. I then ordered him to come with me and join Mr. Blake's class (III). I was in charge of that class as Mr. Blake was absent through illness. On reaching the classroom door, he stopped and refused to enter. I took him by the arm and brought him inside the classroom. That was the one and only time that I touched him and I used only enough force to make him go into the room. Then I asked him to go and sit down by himself in a back corner seat.

He immediately adopted a defiant attitude, refused point-blank to obey me and said in a loud and defiant voice that he would not sit down and that I could not make him do so and that he would bring up his father to deal with me.

Reminding him that I was the Principal Teacher, I repeated the request with the warning that if he refused to obey me he could possibly be expelled from the school for gross insubordination and for showing such bad example to younger boys. He still maintained his defiant attitude and refused to obey.

I then told the boys in the class to listen carefully and to observe what happened.

I ordered him again to sit down and he again refused.

I then told him to tell his father that I was going to report him to the Rev. Manager of the school and to suggest to him (the Manager) either that the boy be removed from the school or that he make a public apology to me before the class for his outrageous conduct.

Frank McAleer, Principal, St. Patrick's No. 1 National School, Drumcondra.

It is obvious to all that the boy, in an effort to protect himself, got to his father before the teacher could carry out his threat and told him a deliberate lie, as happened in the Ballyfermot case. We had some references to that on the last occasion. We know that a court case was brought and we know exactly what the findings were.

On the last occasion also, I think some references were made to the case at Raharoon and since then somebody said that the Department took disciplinary action and actually changed the teacher from that school to what was described as a penal settlement, to the Aran Islands. I think it was Senator Brosnahan who very ably refuted that and said that the Department does not appoint or transfer teachers, that this is a function of the manager.

I am glad to have put that statement on the records of the House because otherwise the teacher concerned would have no opportunity of refuting the charges made against him here. That is only one of the letters. I distinctly remember the proposer of the motion taking stacks of letters from his well-stocked bag and reading them. They are all on the records of the House. Many of them were signed by some pen name and probably they could have been written by the proposer of the motion himself.

That is a shame.

I think that goes beyond the limit of Parliamentary privilege.

I said they "could have been written". They were signed by pen names and it could happen.

And the Senator opened his remarks by saying that he had great respect for the mover of the motion. That is an example of double dyed——

(Interruptions.)

In the case of every letter I quoted, I mentioned that the full name and address was given in the paper.

Very good; that may be.

Many letters in support of this campaign have appeared in newspapers and they have also not been signed, but some pen name used.

I did not quote any of those.

Very well. I was not at all impressed by the way in which Senator McQuillan jumped to the assistance of Senator Sheehy Skeffington, as I had expected it. I have listened to most of his speeches on this matter and I find they follow his usual line. He alleges he visited many schools and found that corporal punishment is more or less rampant in his district. I wonder how he succeeded in ascertaining these so-called facts or alleged facts and on whose authority he visited these schools and where they were. I am quite sure that most people do not attach a great deal of value to his opinion but nevertheless he did make the statement here and I think it worth quoting on this occasion.

I am quoting from column 736 of the Official Report of 1st December 1965:

In the past week, I went specially to a number of schools to find out for myself whether I had been in sufficiently close contact with the situation. I found that not alone were those punishments being carried out but that they were being carried out for not knowing the lessons—the one thing the Minister has been specific about for which punishment should not be inflicted. It has been carried out not alone where lay teachers are concerned but where nuns are concerned. They are just as guilty of breach of the Rules as the ordinary lay teacher.

On whose authority, I wonder, did Senator McQuillan go around and make these investigations. I certainly do not attach much weight to his statement there and I do not think the majority of Senators will attach much weight to it. I could safely say they have good reason to doubt the accuracy of it.

During the debate many of the supporters of the motion have labelled the teachers in general here as sadistic, savage monsters. One would think that the majority of the teachers took special delight in inflicting punishment on their pupils. Very little reference was made from the other side of the House, except from teachers' representatives, to the excellent work that the lay teachers and the teachers in general are doing and have done for the youth of this country all down the years.

Senator Ó Maoláin very ably described the role of national teachers in the national sphere down the years and paid tribute to their integrity and devotion and to the service in general they have given the community.

I thought it better to make some reference to the matter which I mentioned in the beginning. Now I come to the change of Rules, which the motion is supposed to cover. I do not see anything wrong with the Rules as they have been issued to the teachers. There may be minor things here and there which need adjustment but, if they do, the Minister or his Department can make those adjustments when they wish. So far as I know, the Rules have not been amended since 1946. We are living in a time of change. It is only natural that after a lapse of 20 years some amendments or addenda should be made and some rules which were not suitable to modern conditions rescinded.

With regard to the Rule which seems to have caused the greater part of the discussion here, that is, the rule dealing with corporal punishment, the Minister and his predecessor and, indeed, most Ministers for Education that I have heard of, have always been very firm with regard to this matter of corporal punishment. It may be the case that because the majority of the 14,000 teachers are in the INTO and a special insurance scheme covers teachers against accidents and, probably, corporal punishment cases, et cetera, some vindictive parents might try to come by easy money by making false charges and very often sums of money are paid out and that may give rise to the fact that these practices are widespread whereas if the cases were taken into court, like the two cases that have been mentioned here, it is almost certain that they would be thrown out as frivolous cases, having no foundation.

To my mind, there is more noise than importance in connection with this motion. If there never had been a motion, the majority of the people of the country would realise what the teachers and the Department know quite well, that it is necessary to have order in schools so as to give efficient service. I do not mean that it is necessary to resort to corporal punishment but it is necessary to have order and from a very young age children must be taught to know and to observe the difference between right and wrong. All that is expected under the Rules from the teacher is that he would give to the children placed under his control the same attention and guidance and expect the same standards of behaviour and righteousness as a good parent would expect from his own children.

Mar a duirt mé ar dtús, creidim nach bhfuil sa rún seo ach buidéal deataí, cur-i-gcéill.

The motion we are dealing with is an extremely important one concerning the wellbeing of 500,000 children and the livelihood of about 15,000 teachers. It is a very good thing that a motion of this importance should be debated in Seanad Éireann and I suppose we are all grateful to Senator Sheehy Skeffington for putting down this motion in the Seanad and for giving us the opportunity of calling the Minister's attention and the attention of the House to various matters in the Rules governing national schools and of expressing our own views on what we believe to be the proper things to be done.

I do not think for a moment that it will help children, teachers, parents, the Minister, managers or anybody else if there is to be charge and counter-charge here in this Chamber and I do not think that speeches such as the last one we have heard, impugning improper motives to a man of Senator Sheehy Skeffington's calibre, will do any good. We may not like Senator Sheehy Skeffington; we may disagree thoroughly with him; but there is nobody who can say that he is not honest and there is nobody who can ever say that he would come into this House and quote a letter which he himself had written. I do not think that kind of suggestion is of any assistance whatever to a debate of this kind.

The motion before the House deals with the Rules and asks the Minister to reconsider some of the Rules. I think it was wise of Senator Sheehy Skeffington to cast his net as widely as possible so that he could not possibly be ruled out of order in roving through these various Rules. Of course, everybody realised that what Senator Sheehy Skeffington wanted to get at was the Rule dealing with corporal punishment and that the rest was the hors d'oeuvres to the main course to which he wished to treat the House.

The thing that surprised me reading the debate was that the Rules which concern the wellbeing of 500,000 children and the livelihood, fortunes and integrity of 15,000 teachers were never the subject of consultation between the Minister for Education and his Department, on the one hand, and the managers and the teachers' organisation, on the other. Senator Brosnahan said in his speech:

However, if the INTO had been consulted I think they would be in favour of the changes.

This evening Senator Brosnahan seems to change that position and he says, yes, they were consulted but not formally upon this particular Rule.

Where is the contradiction there?

I understand he said that if they had been consulted, they would have favoured the change.

If they had been consulted on that Rule.

The INTO were either consulted or they were not. If the Minister for Education, through the Secretary of his Department, sent out to the INTO a book and said that on the proposed new rules they would be glad to have the observations of the INTO, then the INTO was consulted on Rules 1 to 200.

That did not happen.

We are in the position now, if I understand the English language, that we do not know whether the INTO were or were not consulted.

To make the position perfectly clear, a draft copy of the rules was sent to the INTO. What ultimately appeared contained amendments and addenda on which the INTO had expressed no opinion, and the amended Rule 96 was one of them. If that is not clear to Senator O'Quigley, then I do not know what is. Senator O'Quigley can be dichotymous on certain issues.

I am not being dichotymous at all. I observe professional etiquette in this matter. I shall not be in any way dichotymous. I have great sympathy with teachers. Both my parents were teachers. Members of my family are teachers. I also have great sympathy with parents. I am a parent myself. I have great sympathy for children. I have great sympathy for the Minister for Education, for managers, for Senator Sheehy Skeffington. It now seems quite clear that the INTO were consulted. They were sent a draft copy of the Rules. I presume the Minister sent out that draft copy for the observations of the INTO, and if that organisation thought that the Rules needed to be amended or if there were Rules with which they did not agree, they were entitled so to inform the Minister and presumably they would have done so.

It is quite clear now they got a copy of this Rule before it was signed by the Minister for Education as part of the new Rules relating to national schools. The extraordinary thing is, and this is where the Minister put himself in bad with a great many people, that there was no publication. Some time way back in 1964 the Minister decided to promulgate new Rules. The Government are not lacking in means of propaganda or organs of communication, but there was no word about all this in the public Press—it did not come as far as Senator Sheehy Skeffington until after July—and the only conclusion to which people could be driven was that the Minister wanted to do this secretly. If he did not want to do it secretly, why had he not publicised it? That is the mistake the Minister of the day made. He should have announced in some Press release that he had revised the Rules, among others the Rule relating to corporal punishment. There was no earthly reason why he should not have publicised that, no reason why he should not have shouted it from the housetops. It is regrettable that the Minister at the time was either not advised at all or ill-advised in regard to publicity. There was no reason why he should not have publicised this.

When a Minister makes a change of this kind, there is obviously some reason for making the change. I am not prepared to say, and I am sure no one else is prepared to say, what is the best thing that could be done to secure the necessary discipline in the schools and enable teachers to carry on their work and the students in their charge to grow up with a proper respect for authority. I am sure if I were to examine the Estimates for 1964-65 and 1965-66, I would not find any provision for a panel of psychologists with whom the Minister for Education could consult.

There is now.

The Minister is making changes. I am sure they were not available to his predecessor. In a matter of this kind, there should be not alone a panel of psychologists but also panels of sociologists, teachers and parents available to the Minister for consultation. I have heard politicians say that one gets a certain view in Departments and there is always a most compelling reason for adopting any particular line, that reason being backed up by all the resources of the particular Department. Very frequently a Minister requires an opinion other than a departmental one. He should be able to go to some other body. The body may be constituted any way he likes. He can put in as many of his political supporters as he likes, provided he can get from that body a non-Civil Service view.

There are cases, and this is one of them, in which a Minister should be able to go to another body and ask what is the way to deal with a particular problem; with the help of his advisers then, he can make up his mind. It is important in this day and age, remembering the way young people behave, for the Minister to have at his disposal all available advice as to how problems should be dealt with and how situations may be turned to the best advantage. That is something in which the Minister needs the guidance of experts. I do not regard inspectors appointed from the ranks of teacher as experts in any field. They are very good inspectors, but they are not experts. I know that there is very little research work done; there is very little time available to these officials in which to engage in the kind of research necessary to garner the benefits of modern techniques and modern methods.

Apparently the Minister had some consultation with his officials in relation to these Rules. He then decided these should be the Rules. But he did not publicise them. That was a serious mistake and it has resulted in the quite justifiable criticism that all this was done in secret. What we have to bear in mind in this debate is that discipline must be maintained in the schools. Somebody has said that order is Heaven's first law and bears upon it the impress of Divinity. There must be order in the schools. I, for one, am not prepared to say that that order can be achieved and maintained all the time in all national schools, or indeed in secondary or vocational schools, without on occasion resorting to corporal punishment and punishments of other kinds. Neither am I prepared to say that corporal punishment is the best way of achieving and maintaining order and discipline in the schools. My attitude is that to date we have corporal punishment in the schools; irrespective of what people may say about it or whether or not they disagree with it, we have had it. It has worked not too badly and I would not be prepared to part with it, unless and until I knew I was replacing it with some better method. It is for that kind of reason that I am not certain that if no teacher is to have resort to corporal punishment it would not be the undoing of a whole generation of pupils in some of our national schools.

Every teacher will tell you that oftentimes there is in one particular class one boy or, less frequently, one girl who is absolutely incorrigible, who, like the bad apple in the basket, affects the whole class. Teachers will tell you this about a whole class, and this applies to secondary schools as it does to national schools: "That whole class"—fourth, fifth, sixth or seventh class in a national school or third year, fourth year, or fifth year in a secondary school—"was never a good class". One even finds that in universities. I have known university lecturers to say: "That was always a bad class." It happens that there is some malevolent influence that gets into a class and which creates a certain level of in-discipline, a wrong approach to work, perhaps a certain attitude to the teacher.

Having grown up myself in a two-teacher national school in the country —and I hope I am not an altogether too unworthy product of the now somewhat maligned two-teacher schools—I could give the names of the boys, but I will not do them wrong, of whom no good could ever be got until they got a good "skelp" from the teacher. That was the kind of thing that brought them to their senses. We cannot get away from what Senator Brosnahan has said, that pain and suffering are an incident of our lives in this world, and if we offend the civil law or the criminal law, we are up against punishment. It is a great pity that people cannot be reformed by means of psychology but teachers must carry on with the teaching of the children and there is not all this time for mental therapy, to take a particular child who is unruly and undisciplined and consider that there is a whole background of family life to be got over. The teacher cannot neglect 95 per cent of the children to devote his time to the unruly and undisciplined one. Perhaps if that could be done, that child could be brought to heel. However, as a practical proposition, very often corporal punishment, like a surgical operation, is the only way in which results can be achieved. I cannot, therefore, assent to the proposition that we must abolish corporal punishment in our schools. I do not think we can dispense with the present Rule until we have something better to replace it, something which can achieve at least the same level of discipline or, until we should hope, a higher level of discipline in our schools can be achieved by different means.

I am not a psychologist, nor do I pretend to be, but I have known people of my own generation, people who are older than I am, people who are younger, who have got a good clouting, a proper thrashing at school from time to time. Yet I have never known anybody to have resented that except in the case where it was unjustly inflicted, where a teacher took the wrong view, took one person's evidence rather than somebody else's and punished a child in the wrong. That punishment is always remembered, but the other punishments which were well deserved are never resented, and I do not believe they have any adverse psychological effect on the children, any more than if, when a child of nine or ten months is struggling to stand and falls on its head, on its forehead and so on, it hurts itself in the process of growing up. Nobody will say that that has any adverse psychological effect. The child gets hurt and the child cries; the mother picks it up and kisses it, and that is all there is to it. Pain is an incident of life and the child learns by these things. I do not think the normal kind of slapping a child gets at school has any adverse psychological effect. I have never known it to be pleaded even by lawyers making the best possible defence for some criminal—we say many things about bad family background, about the defendant never getting a chance, and so on—that the misfortune of such a poor unfortunate fellow was attributable to a couple of beatings at school, that that is why he embarked upon his life of crime. Before agreeing that corporal punishment should be abolished in the schools, I would want to see it established that it has an adverse effect upon children.

I would say the great gap and the great breakdown in our educational system is that parents and teachers have no, to use a modern word, dialogue in relation to children. It is quite true to say that the vast majority of parents who ever speak to the teachers—a very limited number of parents—do so only when they have to go to the teacher to complain about the way their child has been treated. That is the only occasion upon which there is a confrontation between the parents and the teacher.

That is not true.

I am talking only from my own experience and that is all I intend to speak about. How often does it happen that parents write to the teacher or the teacher writes to the parents in order to have a consultation about the handling of a child? It certainly is not the practice. In my own experience in regard to my children going to the national school, I have approached very gingerly the question of talking to teachers about this or that aspect of the children's progress, because I felt that the very idea of going to talk to the teacher might be construed as implying criticism of the way the children were being handled. That was my reaction. It may have been a very wrong reaction. Of course, I should hasten to add that when I did talk to the teachers, there was no difficulty at all and that, in the joint operation of educating my children which is being done extremely well by the national teachers in the school to which they are going, we are working hand in hand. I would hope that every parent without exception would feel that he or she could go to the teacher and say: "The doctor says this child is not so well and I shall be putting it to bed very early for the next three months." The child may be always crying about his lessons. Is he too anxious or is he getting too much to do?

Parents should be in a position to have these discussions with their teachers. They need not be very frequent but the Minister for Education should establish as a right the duty of parents to consult at regular intervals with teachers. Education, in my view, has two sides: what children do at school and the way they behave at home. Very often the two sides are quite different. Very often children who are brash and forward at home are shy and diffident with small voices at school. I may be speaking from personal experience when I say that. It is hard to understand but it is there, and the teacher should know the child's form at home and the parent should know the way the child acts at school.

There is no opportunity for that kind of consultation and the Minister for Education should see that it is established, instead of the parent-teacher association which I do not approve of because it would only provide an opportunity for speechifying at the teacher and there is always in every parish somebody who is smarter than the teacher, somebody who will put the teacher in his place——

And boast about it.

I do not believe in that. The rearing of children is a family matter, a private affair. When the parent delegates the responsibility of rearing and developing the faculties of the child to the teacher, as he does when he sends the child to school, that family function and that individual attention should be continued. If it were, great results would flow from it. I readily believe that instead of a child getting to the stage where he has to be pushed to school, the child would know that his father and mother and the teacher from time to time have chats about him, and that might have a more sobering influence on the child than threats of being "skelped." If the teacher were to say: "Very well; I shall talk to your father about this", and then let the father deal with the child subsequently, it might be a very easy and practical way of getting rid of the teacher's unpleasant duty of inflicting corporal punishment in order to discipline the child.

The Minister and others may say there is nothing to prevent parents approaching teachers. That is a hopeless attitude. What must be introduced is a formal system of regular communication between parents and teachers. If there were formal meetings and, as prescribed, an opportunity for parents to meet teachers at the end of the Christmas term and in June when the children are being promoted, it would help to establish an interchange of ideas and experiences between teachers and parents which would be invaluable and which I believe to be indispensable for the proper rearing and development of children. At the moment the parent does not know what the teacher is doing and the teacher does not know what the parent is doing and this lack of co-ordination does not make for the proper training and development of the child.

The attitude has been adopted of saying there have been extensive and even serious abuses of corporal punishment or its administering and that the teachers all close their ranks and say that nothing like that has happened. The parents go to court and the insurance companies, to use a very interesting phrase of Senator Dolan, give out soft money. That is a new one on me. However, the courts give decrees in wrong circumstances, it has been said. I do not think that gets anyone anywhere. Of course, in every thousand teachers, there will be one or two who will kick over the traces. That is not to be wondered at. When people become sensitive about that, they ought to recall that of the 12 hand-picked by Our Lord, one went wrong. It is not surprising that in any profession, barristers, lawyers or what have you, one may go wrong.

Therefore, it is profitless to say that teachers in this country at all times in the past and in the future can be trusted never to do anything wrong in relation to the administering of corporal punishment. What I do say is that under the present system, immediately there is a charge against a teacher of inflicting unnecessary corporal punishment, the ranks of the teachers close and Fianna Fáil, Fine Gael and Independents are all united in one thing—rightly so, in one sense —defending the teachers. That is profitless. When the Minister's inspector comes from the Department, God knows what way his inquiry will be conducted or what kind of evidence he will get. If he is to make inquiries among small children, he will get not perjury or untruths but very often varying stories in the same way as people coming from a football match have various versions. One says a player was offside and the other says he definitely was not.

From the manner in which inquiries are conducted by the representatives of the Department of Education, one can be certain that the sympathy of all organised teachers and unorganised teachers will be on the side of the teacher and I do not think that is a good thing. If I were in the Minister's position, I should make another change like that which he has made in reorganising his panel of psychologists. I would have a look at the profession and say: "Here is a highly skilled body with very high standards who, on any view or by any standards, are producing great results. These people are to be trusted, and in fact we do trust them, and we are entrusting the education of our children to them, whether they are in Belmullet or in the primary school attached to St. Patrick's Training College".

We do trust them, and with every reason. Having that kind of body, they, like the doctors and solicitors, ought to be entrusted with seeing that standards are observed within their profession so that instead of having an inspector— we know how detested the inspectors of the Department of Education were so long as the high rating system was retained and we know the legacy of distrust that grew up—we should entrust inquiries into breaches of professional etiquette and discipline to the teachers themselves in the same way as we give to the Incorporated Law Society their own disciplinary committee. The standards they would ensure would be standards which would be accepted by the entire profession, not something handed down to them by the Minister for Education or any inspector making an inquiry.

If a disciplinary committee of teachers, looking after and checking the standards, the integrity and the professional etiquette in their own profession were established, instead of having something that is outside them, something decided by an inspector or approved of by the Minister, we would have those standards laid down and enforced by the teachers. I believe they would be much more readily accepted by the teachers and that that, together with a more close consultation between parents and teachers, would get rid of this business of corporal punishment and the Rule would wither for want of being used.

The duty primarily falls upon parents to educate their children. When the State comes into the picture, it comes in simply to supplement what the parents themselves want to do, either because the parents are unable to do it or unable to do it completely. The rules for primary education set out the basis upon which the State is prepared to undertake the primary education of children. They are, so to speak, the framework within which the State is prepared to act, to give grants for the building of schools, to recruit teachers and to pay teachers. They set out the programme to be carried out, the school hours to be worked and so on.

The motion before the House calls on the Minister, if one may paraphrase it, to have another look at the alterations made in the Rules with a view to seeing whether those Rules should not be amended further, either by going back in some cases to what they were or altering some further Rules. At least, that is my construction of the motion which is worded:

That the Seanad would welcome a reconsideration by the Minister for Education of recent changes made by him in the Rules for National Schools.

It is not by any means a debate on this Rule for corporal punishment. It is most regrettable that it has been reduced to that. I feel this entire debate could have been far more instructive and far more constructive, if it had followed the actual terms of the motion.

The planning of education goes hand in hand with economic planning and manpower planning. The whole three put together are part of the warp and woof of the economic and social pattern of our society. The children who are today beginning to go to the national school will be the young men and the young women of the last decade of this century. The rules of education which are set out for them, will, to some extent, decide how those children will turn out in the last decade of the century because the teachers in the primary schools train the children to exercise their critical faculties. They train the children to mental discipline and they train the children in certain courses of conduct. Therefore, in considering this motion, we should really consider what we, in our view, consider will be, or think will be, the economic and social state of this country in the last decade. We should also project our minds into what we would like the Ireland of the year 2000 or the year 1990 to be like, from the social, the economic and the manpower points of view.

I regret, therefore, very much that this debate has been confined to the narrow terms in which it has been kept by the proposer of the motion. He started off with what Senator O'Quigley described as a hors d'oeuvre. The first comment he made referred to a Rule to which I do not think there could be any exception whatsoever. It is the rule which says that children could not be segregated by reason of any social or class distinction, nor could they be refused admission to school by reason of any social or class distinction. When dealing with that, he said either too much or he said too little. The substance of what he said was that he had a shrewd idea that children were being excluded from school or treated differently in school by reason of financial, social or other considerations. That is a reasonably accurate paraphrase of what he said.

This is, to some extent, a repetition of what he said here in a debate some time ago when he stated that poor children were attending overcrowded schools in this city and that well-to-do children were afforded better facilities. If that were true, and if what the Senator said at the beginning of this debate were true, it should be followed up far more closely than he did. I have gone to the trouble of investigating whether, in this city, the poorer children are herded together in overcrowded schools and the richer children get more facilities. I find from an objective inquiry on my part—I certainly would oppose it as strongly as Senator Sheehy Skeffington if what he said were true—that the direct opposite is the case.

Take the schools in the poorer districts. In East Wall school, approximately three or four of the rooms in the school are unoccupied. A bus is sent to bring the children to this school, to keep the portion of it, which is occupied, reasonably occupied by the children and to keep the teachers there reasonably occupied. In Drimnagh boys' national school, there are three rooms unoccupied and the number of boys to each class is lower than in any of the well-to-do districts in this city. In St. Finbarr's school in Cabra, another poor district, almost half the school is unoccupied. In Whitefriar Street school, there are a number of rooms unoccupied. In order that something may be done about these unoccupied rooms in a number of those schools, in certain cases, the vocational committees have been invited to hold classes in them.

Take, on the other hand, some of the schools in this city, where most overcrowding exists. I find they are in the well-to-do parts of the city. I understand, that in Fortfield, an addition is being built to the school and that a new school is also being built. There is also overcrowding in Terenure. Those are the districts where you have population explosions.

Which school in Terenure? There are two.

The boys' school. There has been a population explosion there so that there is all this overcrowding. Senator Sheehy Skeffington has said that he sees poor children passing his house every day going to school elsewhere. I do not know in what part of the city he lives.

If he lives in Terenure, he is living where there are relatively few poor children, and where there are many well-to-do children——

They come from Kimmage.

——passing on their way to school every other day.

On the next Rule to which he referred, he indicated a ghost. I fail to see where the ghost was. He suggested there was something sinister about this Rule relating to the recognition of managers by the Minister. He quoted the second half of the Rule that is now there; he quoted the second half of the Rule that formerly existed; but he did not quote the first half of each, because if he did——

——he would have shown what he was not endeavouring to establish: a distinction without a difference. In the old Rules, in the first portion of the Rule relating to the appointment of managers, it was set out that the patrons or the school committees had the right to appoint the school managers, and then it went on in the second half to say that before the appointment was sanctioned by the Minister, the manager should first sign an undertaking to abide by the Rules. In the new Rules, the manager is defined not as someone appointed by the patrons, not as someone appointed by the committees, but as the person recognised by the Minister in the first half of the Rules. It goes on to say that when the manager is being recognised by the Minister, he shall sign this undertaking. There is nothing sinister in that. One would have thought from the way the matter was referred to in the hors d'oeuvre that the Rules were now altered so as to allow the managers to become managers without undertaking to abide by the Rules.

That was not the implication.

I regret to say that is what I gathered from it. If the Senator says that is not the implication, I accept it.

I asked the Minister why the change.

The reason for the change was so that the words would have a clear meaning because the definition of "manager" in both cases was completely different. Another suggestion the Senator made is that the Rules of education should be hung up in the national schools so that the children could see under which Rules they are being educated.

That was the old Rule.

Certainly these were hung in the national schools when I was going to school. These are the Rules which set out how the teachers shall behave themselves and shall comport themselves among other things. The people in authority over the teachers are the managers, the inspectors and the Department. The children are not in authority over the teachers. The Senator suggested that if an inspector goes to the school or if a manager goes to the school and disputes with the teacher whether the teacher is doing his work as he should do it the Rules should be available. To hang up on the walls of each classroom as the Senator suggests, the rules which govern a man is, to my mind, like causing a man to wear a livery servant's cap. I think it is completely degrading and I think it is completely unworthy that such a suggestion should be made regarding teachers.

It was also suggested that there should be parent-teacher committees. The Minister dealt with that, and I agree with him. I feel that if there were parent-teacher committees, some cranks would be bound to be elected and you would end with getting nothing constructive done. I would say further that I feel no teacher is really doing his work as he should do it unless occasionally—perhaps once a year or perhaps twice a year—he meets either in the school or in their own homes the parents of the children who are in his class, so that he can understand the difficulties of those children.

I can visualise many cases in which children may be wrongly blamed or badly handled otherwise. I can visualise a little girl whose conduct in school may be such that the teacher thinks she is either stupid or lazy or that she will not obey him, but she may have to work long hours at home at work which an invalid mother is not able to do. I can picture a boy in school who is perhaps the child of a broken family, whose father is useless. I can realise that such a child in school may be truculent or difficult, but if the teacher understood the difficulties and the background of that child, I can visualise that the treatment of that child in school would be different. There would be sympathy which would awaken a new chord in the child's heart. I feel that unless the initiative comes from the teachers themselves, very little good would come from the parent-teacher meetings. They will be skimpy and formal. I should like to see the INTO making a recommendation to each one of their members in this regard.

Now, having passed the hors d'oeuvre we come to what apparently was regarded as the pith of this motion: whether the Rules that at present exist relating to the prohibition of unreasonable corporal punishment of children are adequate, whether the phraseology is correct and whether the Rules are correct. When a child leaves his or her parent's home and goes to school, the teacher takes the place of the child's parents and the teacher is in loco parentis. Any treatment or ill-treatment given to children by the teacher which is such as any reasonably prudent and loving parents would not give the children is wrong and is prohibited by the law of the land. That is the law of the land and no rule that may be made by the Minister, no statutory rule, can alter that. A statute can alter it, but not a statutory rule.

Therefore, if a teacher inflicts upon a child any corporal punishment which is excessive or improper—and what those two words mean is that the punishment is such as a reasonably kind parent would not inflict upon a child for the child's own good, for the good of the family, or for the good of the community in which the child lives —that teacher makes himself liable to severe disciplinary measures by the Department which employs him. Now it may be suggested that these words are too vague. What would a reasonable or prudent parent do? Those are matters which have been decided by the court for centuries. In fact, if the attitude of parents towards their children changed in ten or 20 years' time, and the ordinary responsible parent felt that no corporal punishment should be inflicted, then that Rule would provide that no corporal punishment could be inflicted. What is reasonable and prudent in various circumstances has been acknowledged by the court from time to time even in relationships between husband and wife, between employer and employee, between neighbour and neighbour, and in practically every social relationship we have. Therefore, it is not beyond the wit of man and not beyond the wit of the ordinary teacher to realise the extent of his responsibility.

I do not think it is relevant to this motion to consider whether or not teachers do or do not obey that Rule. That is not the point at issue. However, as so much has been said about it, I will ask the House to bear with me for just one moment in being irrelevant while I give what appears to me to be the objective test. Over a period of, say, five years, the national teachers of this country fit in 14 million teaching days between them. Over that same period, there have been proceedings in court, for the most part, civil proceedings, against a teacher arising out of these 14 million days, in eight cases. Not all of these eight cases succeeded: a few did: some did not. I agree that that perhaps is not a perfect balance.

I agree that for many reasons and in many instances a parent will not take proceedings against a teacher. On the other hand, I take a contrast with which I put it in balance, the number of cases over those five years where there have been criminal proceedings against Irish parents for neglect of their children, and for cruelty to their own children, and I find that the number of cases of proceedings, not civil proceedings, against the parents have exceeded many times the number of proceedings against teachers. I do not think anyone can suggest that we Irish people are unduly unreasonable as a nation, or unkind to our children.

Therefore, it does seem that in those circumstances and to balance those two figures, while neither is a perfect barometer, it does seem to me that objectively it cannot be suggested that there is any undue hardship or unkindness on the part of teachers. Now, if I may in dealing with this portion of the Rules, say it, Senator Sheehy Skeffington introduced a large number of extracts from letters and a large number of articles written in various journals, in support of his arguments, and I think he will be fair enough to agree with me that if I took the same time and the same trouble to get letters and newspaper articles to the contrary, I could have done so, so I do not think that it does prove anything one way or the other. I do say and I say it with very great regret, that there was one case he referred to, a case with the details of which I am personally and thoroughly conversant. I regret having to refer to it in this House: I do so only because he mentioned two people by name, Canon Troy, parish priest of Ballyfermot, and Mr. Keegan, the principal teacher of that school.

Senator Sheehy Skeffington stated that if what the Minister said in reply to a question in the Dáil were true, then what Canon Troy swore in court in evidence was untrue and what Mr. Keegan swore in evidence was untrue. I am prepared to assume that Senator Sheehy Skeffington, when he made that statement, made it in good faith. I shall give him the facts and having given him the facts, I shall ask him to accept my word that I accept responsibility for the accuracy of those facts and I shall ask him to be good enough to withdraw that charge. I feel confident that he will have the courage to do so.

The facts of that case are that on 2nd October, 1964, a little boy was beaten in school by Mr. Keegan, the principal teacher of Ballyfermot school. A day or two later there were banner headings about this matter in one of the evening papers. Presumably these banner headlines were seen in the Department of Education because on 6th October, 1964, a divisional inspector of education turned up in the school and held an inquiry. At that time, what happened, what was said, what was done, was fresh in people's minds after the expiration of only four days. In the evening, having got together all the evidence he could, having satisfied himself to the best of his ability that he had all the facts accurately, the divisional inspector audibly remarked that he could not see that there was anything else the teacher could have done if discipline were to be maintained in the school.

Had he interviewed the boy and his parents?

I am just giving the Senator the facts.

On both sides. I am telling you what the inspector said. I am dealing with the facts of the case. They have been tried in court already. If you want to have them tried again you can do so by repeating outside this House what you stated inside it.

I have just asked a question which I think is relevant. Did he make this judgment in full possession of the facts or——

Was there an inquiry? An inquiry was initiated.

That is correct.

He took statements——

Sin scéal eile.

——from various people who were in possession of the facts. In the evening he passed this comment audibly and the teacher heard him.

(Interruptions.)

Excuse me until I have finished; then you can cross examine me.

An Leas-Chathaoirleach

I do not think anybody will be allowed to cross examine anybody else.

On 5th May, 1965, there were proceedings in the Circuit Court brought by the parents of the child for damages against the teacher. It was heard by a judge and jury. The teacher gave evidence and he was examined and cross examined. The answers he gave were to questions put to him. In the course of his cross examination, he was pressed that the punishment he gave the child was unreasonable. He said it was not. He said in reply to a question that the punishment he gave the child was no greater than he would have given to his own child. He was questioned as to whether there was any investigation. He stated there was. He was questioned as to whether the inspector agreed that what he did was unavoidable. He stated the inspector had said so and that he had heard him say so. That teacher said what was the truth, the whole truth and nothing but the truth. Canon Troy did not give evidence in the Circuit Court.

In the Circuit Court the case was dismissed. The parents of the child appealed and the appeal came for hearing before the High Court on 6th October, 1965—12 months to the day from the date when the inspector had been in the school. Canon Troy gave his evidence in answer to questions put to him in examination and in cross examination. His evidence was that he was manager of the school; that the defendant was the principal teacher of the school; that he was aware a complaint had been made against the teacher to the Department; that an inspector had called to the school and had investigated; that the teacher was responsible not to inflict on any child punishment excessive or improper; that, if the teacher were found to have broken that, he could be punished in various ways—by financial loss in salary, by being dismissed if it were a very, very grave matter and at the very least by a reprimand—that as manager of the school he would expect if any of those punishments had been inflicted on the teacher he would have been notified and that he received no such notification. That was his evidence. That, again, is the truth, the whole truth and nothing but the truth.

The Minister was asked a question in Dáil Eireann by Deputy Ryan whether he caused an investigation to be carried out into the complaint and what was the result of it.

I think the full question should be read.

I shall read it. What I am concerned with is the Minister's answer, because we were told the Minister's answer was in conflict with the evidence given by Canon Troy and by the teacher.

I think the full question should be read.

I shall read it:

Mr. Ryan asked the Minister for Education whether he caused an investigation to be carried out into a complaint of beating in a school (details supplied); if so, the date and nature of such investigation; whether the pupil in question or his parents or medical advisers were consulted by the Department's inspector; if not, why; and whether the findings of any such investigation were communicated to (a) the school manager, (b) the teacher and (c) the parents of the pupil.

The Minister's reply was as follows:

As is normal practice in such cases, when resort was had to legal proceedings the official investigation by my Department was suspended. The Deputy is no doubt aware of the outcome of these proceedings and in view of it I do not propose to take any further action in the matter.

Will the Senator read the supplementary questions?

I have not got them.

The supplementary question and the Minister's answer to that?

An Leas-Chathaoirleach

If Senator Sheehy Skeffington wishes to bring in the matter of supplementary questions, he is at liberty to do so during his reply.

The quotation from the Minister which Senator Sheehy Skeffington gave in his original speech is, I submit, a paraphrase of the answer the Minister has given there.

A paraphrase of the Minister's reply to the supplementary. He said he was unaware of the fact that this suggestion was made before.

I shall get it for the Senator. If Senator Sheehy Skeffington thinks I am going to be put off the track——

Column 765 of the Dáil Debates.

I am dealing with what the Senator said and the charges he made in this House. Here is what Senator Sheehy Skeffington said, and I quote from the Seanad Debates, column 549 of volume 60:

The Minister is aware that he was asked in the Dáil recently by Deputy Ryan whether an inquiry had in fact been held and with what result. The Minister's answer was that an inquiry had been started but had never been finished because there was a law case on, and would not be finished now, and, consequently, there was no foundation for the statement that the teacher had been exonerated by the inspector.

As I have said, the teacher's evidence in court was he was asked a question if the inspector considered the punishment he inflicted on the child as excessive and he stated that the inspector did not consider it so because he had heard the inspector say so. Having given those facts I want, through you, a Leas-Chathaoirleach, to ask Senator Sheehy Skeffington if he will be good enough to withdraw the charges he made.

I will deal with it in my reply.

As I came in here this afternoon I saw our national flag fluttering over Leinster House—the symbol of the liberties of our people. May I say if this House, which should be the protector of the citizens of this State, is to be used as a forum for attacking the characters of our citizens who are unable to defend themselves, who cannot defend themselves, who can take no steps for redress because of the privileges of this House, then what should be the symbol of our liberty is merely an example of licence. I regret to have to speak so strongly. I feel that no one should take cover within this House to attack the characters of citizens, in particular without being absolutely certain of the facts; and, if they are so certain, they should be prepared to go outside the confines of this House and repeat what they stated, so that they can get the opportunity of proving it if it is true and paying for it if it is not true.

Would the Senator give the terms of what he calls my accusation? That is something he has not done.

I shall. The Senator stated:

The Minister is aware that he was asked in the Dáil recently by Deputy Ryan whether an inquiry had in fact been held and with what result. The Minister's answer was that an inquiry had been started but had never been finished because there was a law case on, and would not be finished now, and, consequently, there was no foundation for the statement that the teacher had been exonerated by the inspector. This meant, in fact, that the judge in the appeal court, Judge Teevan, had sworn to him by Canon Troy and by Mr. Keegan, the teacher, something that was not factually sound, if what the Minister told the Dáil was factually sound.

Furthermore, when Senator Brosnahan was speaking, he remarked that the judge had stated that the little boy in this case had perjured himself and Senator Sheehy Skeffington interrupted him and said that he was not the only person.

That is inaccurate.

There is only one inaccuracy and that is the word "perjurer". The High Court judge, referring to the boy in his summing up, used words something like this "We know he is a little liar". Senator Sheehy Skeffington interrupted me and said that he is not the only liar. It means the same thing.

I have yet to distinguish between a lie on oath and the term "perjury". I regret very much that this debate has taken these lines. As I stated originally, I feel it should have been both instructive and constructive. We could have examined, with advantage, very many of these Rules and many suggestions could have been made which would certainly be the subject matter of thought for our Minister. Having regard to the terms in which the motion was proposed, I presume I should now be out of order if I were to make such suggestions. Therefore, I feel there is no course open to me but to confine myself to the motion as dealt with by the proposer. I sincerely hope that the Minister, having regard to the form of the reasons given and having regard to the manner in which they were given, will not accede to the motion.

I have listened carefully to most of this debate and I intervene with some hesitation because I am opposed to any form of corporal punishment as being useless and degrading.

I have a good deal of experience in dealing with children and young people and I, too, come from a teaching family. I cannot see how there can be any respect or confidence between pupil and teacher once there has been a physical punishment session between them. If punishment must be levied, then it should be done by way of withdrawal of favours or privileges. Where this is the pattern, pupils will realise the fact that they are in temporary disgrace but the teacher-pupil relationship will not be harmed as it must be, following the imposition of corporal punishment.

I am in full sympathy with the overworked teacher in an overcrowded school. He has a mixed bag of pupils with different temperaments and perhaps he has a lot of the tough swaggering brand. I do not envy that teacher his job but I am of the opinion that, when a teacher reaches for the cane, he demonstrates that he has lost control and in the eyes of the watchful children he has also lost some of his dignity. The difficult section of his class—the tough element—are very quick to sum up the situation and the offender will pass the word around to the others to watch developments. How often have we heard the boast about the teacher who "got mad because I showed him I did not care how hard he hit?" That situation is not calculated to help the teacher in his work nor to keep discipline among pupils. Most teachers can deflate the tough youngster with a few words calculated to leave him "cut down to size" in the eyes of the class. I cannot see what harm could arise from this when we remember we are discussing the occasional difficult pupil, not the normal school child.

I again stress my opinion that the withdrawal of privileges is a most effective method of dealing with children and young people who need correction. In saying this I am aware that many of our national schools are not of the high standard of those built in recent years. We still have old, insanitary schools impossible to keep clean and warm. In schools of this type there are few, if any, privileges to withdraw but it should not, even there, be beyond the capacity of teachers to think up ways and means of showing disapproval and applying punishment other than corporal punishment where it is deemed necessary.

Another reason why I oppose corporal punishment is that it is impossible to apply it with equal justice. Several children might be adjudged to suffer a stroke on the open hand. Apart from the mental effect on different children, is there any comparison between the amount of pain suffered by that stroke on the well-padded palm of the warmly clad, well-fed child and the thin, chapped or chilblained hand of the ragged, cold and perhaps hungry child who might have been rain-soaked on the way to school and who will most likely return to a home where there are few comforts or remedies for his aches?

Something else requires to be considered in regard to corporal punishment. How can anyone measure the strength of a stroke of a cane as between one person inflicting the punishment and another such person? What one teacher might consider to be a reasonable stroke another might consider to be excessive. We should abolish this form of punishment altogether. Consider the care with which we handle a delicate precision instrument. The human hand is a most complex and wonderful precision instrument which must be used in all callings and all professions, yet we think we are being very reasonable in permitting this irreplaceable instrument to be exposed to injury by being whacked by a cane —light or otherwise. I am not convinced, as some Senator has claimed, that there is no risk of damage being done.

In conclusion, let me say that any teachers I know are genial souls but, unfortunately, there are others outside that category and we should not take risks in a matter of this kind.

I think there can be no doubt that the new Regulations are a step backwards and expose the pupils to greater risks by leaving the interpretation of "reasonable" wide open to abuse by teachers who might not be so genial as we would like them to be. I sympathise with the difficulties which the teachers have to face in maintaining discipline but I think they and the Department should have the ability to work out a scheme which will do away with the need for corporal punishment. The most important step in this work —I would almost call it cultural work —would be the provision of schools with so many and so great privileges that the pupils would take great care not to cut themselves off from their enjoyment.

Debate adjourned.
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