NO PROSECUTIONS are to be taken by the State against producers of Mass cards until the High Court has ruled on the legality of the new Charities Act.The Act, which became law September 1st, 2009 outlaws sales of Mass cards other than by agreement with a bishop or provincial of an order of priests of the Catholic Church.
Thomas McNally, head of Mass card producers MCC, New Street, Co Longford, had intended to seek an interlocutory injunction yesterday restraining the introduction of the Act on the grounds it conferred a Church monopoly on Mass card sales.
Dr Gerard Hogan SC, counsel for Mr McNally and his sister, Marie Reilly, a card retailer of Ard Na Rí, Ardnacassa, Co Longford, had been granted short service on the State to proceed with the application yesterday.
Donal O’Donnell SC, counsel for the State, said it had been agreed between the parties that an injunction to restrain the introduction of the Act was not necessary pending a full High Court hearing of Mr Mc Nally’s challenge.
He said the matter could be put in for mention on September 9th during which time documents would be exchanged between the parties in anticipation of an early trial in mid-October. Dr Hogan said he could apply to the court should there be any development in implementing the Act meantime.
The court had been told 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. The Act restricted sales of Mass cards other than by agreement with a bishop or provincial of an order of priests.
A breach of this restriction by the Act could lead to a 10-year jail sentence or a fine of up to €300,000.
He claims 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.
Mr McNally claims to have an arrangement with Most Rev William Pascal Kikoti, Bishop of Mpanda, Tanzania, for signing Mass cards.
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