Mass Cards

My application to Archbishop Clifford, my local bishop, for permission to sell Mass cards is still on hold due to an ongoing court case.

If I were to sell a Mass card without the permission of a Catholic bishop I could find myself serving ten years in prison and/or a fine of €300,000.

This punishment is a great deal more severe than that reserved for even the most ruthless criminals.

The draconian law does, however, serve to protect a monopoly worth countless millions to the Catholic Church.

The law also discards the principle of innocent until proved guilty as outlined in Article 48 (1) of the European Union’s Charter of Fundamental Rights and Article 11 of the Universal Declaration of Human Rights.

It only recently dawned on me that this universal right has probably been discarded for the purpose of protecting bishops and the institution of the Catholic Church in general.

Section 99 (2) of the Charities Act, 2009 states:

In proceedings for an offence under this section it shall be presumed, until the contrary is proved on the balance of probabilities; that the sale of the Mass card to which the alleged offence relates was not done pursuant to an arrangement with a recognised person.

This, I believe, is specifically designed to avoid the embarrassing spectacle of a Catholic bishop having to give evidence before a judge in a public court.

Or am I just becoming paranoid in my old age?

In February this year the Irish government enacted a law which makes it a criminal offence to sell a Mass card without the permission of a Catholic bishop (Charities Act 2009, Section 99).

Contained within the Act is a presumption of guilt until proved innocent. This runs contrary to Article 48 (1) of the European Union’s Charter of Fundamental Rights which states:

Everyone who has been charged shall be presumed innocent until proved guilty according to law.

In light of this new law I decided to engage in the selling of Mass cards and, being a law abiding citizen, wrote to my local bishop to ask for permission.

My local bishop is, temporarily, Archbishop Clifford. Bishop Magee is, er, busy with other matters.

Dear Archbishop Clifford,

As required under Section 99 of the Charities Act, 2009 I request permission to engage in the selling of Mass cards.
Yours sincerely.

Anthony Sheridan

I received the following reply from the pastoral co-ordinator in Cobh.

Dear Mr. Sheridan,

Archbishop Clifford has asked me to reply to your letter of 29th April 2009.

The Charities Act 2009 was signed into law by the President on February 28th 2009. However, the Act does not become operative until a commencement order has been issued.

Archbishop Clifford is advised that to date the relevant order has not been issued.

Yours sincerely

The relevant government department confirmed this was indeed the case. When the commencement order was issued I again wrote to the Archbishop for permission engage in the selling of Mass cards and he responded:

Dear Mr. Sheridan.

Archbishop Clifford has asked me to contact you concerning your recent letter to him in which you request permission to engage in the selling of Mass cards.

Before considering your request the Archbishop would like to know to what retail outlets this request refers.

Yours sincerely

My reply:

Dear Archbishop Clifford,

In response to your letter of 2nd October in which you request the names of retail outlets from which I intend selling Mass cards.

My understanding of section 99 (Charities Act, 2009) is that a citizen must first obtain permission from a bishop of the Church or a provincial of an order of priests before engaging in the selling of Mass cards.

I am unaware of any other regulations, laws or conditions (civil or religious) that must be adhered to in order engage in the selling of Mass cards. If such regulations, laws or conditions do exist I would be grateful if you could provide me with details so that I may be in proper compliance with the law.

Yours sincerely

Anthony Sheridan

Dear Mr. Sheridan,

Archbishop Clifford has instructed me to reply to your letter of October 20th concerning your request for permission to engage in the selling of Mass cards.

As you may be aware, the particular section of the Charities Act which requires this permission is at present being challenged in the High Court. Archbishop Clifford has decided to defer a final decision on your request pending the outcome of the relevant case.

Yours sincerely

This particular section of the Charities Act is indeed being challenged in the High Court but hopefully the matter will be resolved soon and I can once again apply to the Archbishop for permission to sell Mass cards.