‘Outrageous’ ban on public worship sets a very ‘worrying precedent’

There has been widespread criticism of the criminalisation of Mass with people drawing obvious historic parallels, writes Ruadhán Jones

Garda roadblocks barring parishioners from attending Mass in Co. Cavan raised historic parallels with penal times, as it was confirmed over the weekend that public worship is now deemed a legal offence.

The confirmation came when the Government responded to Declan Ganley’s High Court challenge to the ban on public worship. A letter from the Goverment’s legal team says it is an offence for a priest to leave his home to celebrate a public Mass, unless this is a funeral or a wedding. The State adds that it is a similar offence for a parishioner to leave their home to attend Mass.
Bishop of Meath Dr Tom Deenihan told The Irish Catholic that it “establishes a worrying precedent with regards to religious freedom and religious worship”.

Future

“Will future Governments also criminalise religious worship?” Bishop Deenihan asked.

He said that while he had not seen the response made by the State to Mr Ganley, “what was reported was of grave concern”.

Bishop Deenihan said that “it might be more prudent of the Government to acknowledge the sacrifice and loss of these Catholics who have been unable to attend Mass for nine of the past thirteen months than to seek to criminalise them”.

“No other country,” he added, “has suffered such restrictions on religious worship for so long and courts throughout the world have thrown out such attempts as being unconstitutional or in contravention of human rights.”

In October 2020, Minister for Health Stephen Donnelly told the Dáil that celebrating Mass publicly was not a penal offence. He was responding to a question from Independent TD Michael McNamara, who said that he believes the minister “misled the Dail and either hadn’t read the regulations or was misled by his officials or both”.

“That in itself is very serious given that it’s the minister who makes the regulations,” Mr McNamara told The Irish Catholic. “A minister who doesn’t know what he’s doing when he’s interfering with fundamental rights is a very serious proposition in a democracy.”

Mr McNamara said it is now a matter for the courts to determine the constitutionality of the legislation.

He added that he is concerned about the lack of “sufficient funding in the courts to make sure that such matters are determined quickly to provide an effective remedy”.

“You’ve this very draconian legislation being made by the Government and they’re not resourcing the courts sufficiently to actually determine whether it’s constitutional,” Mr McNamara said. “That’s very worrying for me, because it is a negation of rule of law and how these things operate in a democratic state.”

Tipperary TD Mattie McGrath joined Mr McNamara in criticising the legislation, calling the penalising of public worship “outrageous” and “totally anti-Christian”.

“From the minister standing up and introducing his own law and he doesn’t know what’s in it…it’s a sad state of affairs for a country,” he said. “Shocking.”

Fianna Fáil TD John McGuinness, commenting before the legal ban was confirmed, said that he found the fining of Cavan priest PJ Hughes “offensive”.

“I think it damages the trust between all parties involved,” Mr McGuinness told this paper. “It damages the relationship between the Faithful and Government when you need that relationship to function fully and properly.”

The Carlow-Kilkenny TD was one of a number of Fianna Fáil and Fine Gael politicians who put pressure on the Government to ease restrictions on public worship.

TDs and senators pressed the Taoiseach and Tánaiste on public worship at parliamentary meetings last week.

“There’s no common sense explanation for the closure of churches in the way that the Government did from the very beginning,” said Mr McGuiness. “Because of the size of churches, because of the responsible attitude taken by priests in that they count people in – they don’t allow more than the Government guidelines.

Religious freedom is something that is valued throughout the world and in our own country”

“I’m a Mass goer and I see myself the demand – I would like to go to Mass myself,” Mr McGuinness continued. “My constituents have been in touch with me saying they want to go back to Mass. I’ve called on Government to explore the proposal that they be reopened.”

Former justice minister Charlie Flanagan also pushed for a return to public worship for Easter, adding that a number of his constituents have contacted him about the importance of public worship.

“I know from access last year after the lockdown, that particularly the Catholic Church, where there were big buildings, the stewarding was exemplary,” he told The Irish Catholic. “The organisation by the parishes of the seating was such that every effort was made at social distancing.

“I know the importance of faith to my constituents here in Laois-Offaly, and particularly people of a senior age. It would be a signal to them that we’re moving in the right direction and there’s hope ahead.”

Fine Gael TD Alan Dillon said that it is “important that we’re listening to people on the ground because they’re the ones most affected”.

He argued that public worship must be part of Government plans as it moves towards reopening society.

“Our most vulnerable have been the most affected by this round of cocooning, limiting interaction, it would give them a huge sense of hope,” he said. “As we move and progress through the vaccination programme, especially for over 75s and over 80s. They will have certain liberties that will allow them to actually integrate into society.”

TD Cormac Devlin and Senator Mary Seery-Kearney both emphasised the need to take into consideration other faiths when looking at restarting public worship.

“It’s been so long and I’ve been contacted by so many in Dun Laoghaire, across all faiths it has to be said,” Mr Devlin said.

Facing an Easter of livestreamed Mass in the Republic, Bishop Deenihan was keen to acknowledge “the comfort and connectivity that online broadcasts bring”. At the same time, he said, Catholics “realise that the Church is sacramental and that one cannot receive the Eucharist, Confession or any of the sacraments virtually”.

He said that if what is reported is true, “it will be seen, at best, as a foolish act.

“Religious freedom is something that is valued throughout the world and in our own country,” he said pointing to the many calls, letters and emails he had received on the issue.

Comparison

“Many had drawn a comparison with previous attempts to outlaw religious observance here,” he said. Dr Deenihan said he believed that “the criminalisation of people who wish to attend Mass will leave a bitter taste and a long memory locally”. He said he was sure that it “did not enjoy the support of politicians locally”.

In that context, he wondered “was the reported response to Mr Ganley a response from Government, the Attorney General or officials in the Department of Health without Cabinet knowledge”?

The case is due back before the High Court on April 13.