Mass-cards challenge commences in High Court

A constitutional challenge to a provision of the Charities Acts which outlaws the sale of Mass cards except through an arrangement with the Catholic Church has commenced before the High Court.

The Act outlaws sales of Mass cards other than by agreement with a bishop or provincial of an order of priests of the Catholic Church.

Mr Thomas McNally, head of Mass card producers MCC, New Street, Co Longford and his sister, Marie Reilly, a card retailer of Ard Na Rí, Ardnacassa, Co Longford have taken proceedings against the State over the the Act, which became law in early September.

In his action it is claimed that the Act is unconstitutional and unlawfully confers a monopoly on the sale of Mass cards to clerics of the Catholic Church or to persons approved by them.

The court had been told that over the years Mr McNally had an arrangement with several priests who agreed to permit him to affix their signature to Mass cards in return for a fee.

It is claimed that a breach of the restriction that cards cannot be sold other than by agreement with a bishop or provincial of an order of priests could lead to a 10-year jail sentence or a fine of up to €300,000. The State is opposing the application.

The case, before Mr Justice John MacMenamin, continues.