THE HIGH Court is to be asked to block the part of the new Charities Act which outlaws the sale of Mass cards other than through an arrangement with the Catholic Church.
The Act becomes law on Tuesday and Mr Justice Patrick McCarthy was told yesterday that sales of Mass cards, other than by agreement with a bishop or provincial of an order of priests, could lead to a 10-year-jail sentence or €300,000 fine.
Dr Gerard Hogan, SC, representing two of the largest distributors and retailers of Mass cards in Ireland, was granted permission to serve short notice on the State and the Garda of an application seeking an injunction restraining the introduction of the 2009 Act or Section 99 of it. He said Thomas McNally, head of Mass card producers MCC, New Street, Longford, had an arrangement with several priests whereby they agreed to permit him to affix their signature to Mass cards in return for a personal stipend.
Dr Hogan, who appeared with barristers Stephen Byrne and Deirdre Ardagh, told the court Mr McNally’s sister, Marie Reilly, of Ard Na Ri, Ardnacassa, Longford, was a joint plaintiff in an action against the State as she sold her brother’s Mass cards.
He said Section 99 of the Act required that Mass cards would only be sold by virtue of an arrangement with a “recognised person”, meaning a bishop or provincial of the Catholic Church.
He said Section 10 offences carried “manifestly disproportionate penalties” of 10 years’ imprisonment or a €300,000 fine.
Dr Hogan said Mr McNally carried on a legitimate business in which legal certainty was vital. Both he and his sister believed Section 99 was unconstitutional and conferred a monopoly on the sale of Mass cards to clerics of the Catholic Church or to persons approved by them.
Mr McNally had been advised by his solicitors, Leo F Branigan and Co, Longford, that under the new Act there was a risk his business would be made unlawful. He said the introduction of the new Act had already led to uncertainty and confusion among his agents and retailers who feared criminal prosecution. Mr McNally said the sale of Mass cards was highly competitive.
“I have an arrangement with Most Rev William Pascal Kikoti, Bishop of Mpanda, Tanzania, of the Holy Catholic Apostolic and Roman Church, which I believe is in accordance with Section 99 of the Act for the sale of Mass cards,” he said.Mr Justice McCarthy granted leave to serve short notice of Monday’s application.