TDs express outrage over fining of priest for saying Mass in public

Politicians have dubbed the fining of a priest for holding public Mass “disgraceful” and grossly unfair.

This newspaper revealed at the weekend that Co. Cavan-based Fr PJ Hughes had been slapped with a €500 fine by gardaí after he left the doors of the church open so parishioners could feel free to attend Mass.

This is despite the fact that Minister for Health Stephen Donnelly last year assured the Dáil that this would not happen and the Department of Health confirmed to The Irish Catholic in November that it was not a penal offence.

Michael Fitzmaurice TD of the Roscommon-Galway constituency told this newspaper: “It is disgraceful that we’ve gone to the stage in this country that we’re fining priests and putting them at risk of further sanction. I think we are just losing the plot.

“If you look at the record of the Dáil the minister stated that no priest would be fined. I think the minister will have to clarify his position at this stage,” he said.

Clare TD Michael McNamara described the fining of the priest as “very sad”.

He said: “I think it is grossly unfair on religious groups and equally unfair on An Garda Síochána to have to implement a law which is confusing and unfair.

“You have the minister categorically stating in the Dáil that it wouldn’t give rise to penal sanctions, and now there’s somebody being fined which is of course a penal sanction so even the minister who introduced this law seemingly doesn’t understand the law: utterly farcical,” Mr McNamara said.

Laois-Offaly TD Carol Nolan said that it is clear from recent legal commentary that “there is an intolerable level of ambiguity around the current law on restrictions and the offering of public mass”.

“I, like many practicing Catholics am utterly appalled that we have arrived at a point where a priest has been fined for opening the doors of his Church.”

Ms Nolan added she would be raising the issue with the Minister for Health and Minister for Justice because it is “manifestly clear… we have lost all sense of proportionality”.

Aontú leader Peadar Tóibín described it as an “incredible failure” of the administration and branded the fine an “incredible mismanagement of the situation”.

“I would be calling on the Government to indicate clearly whether or not this is – in their eyes – a fineable offence because there is definitely mixed messages coming from the Government and the gardaí at the moment,” the Meath West deputy said.

When asked under which section of the The Health Act 1947 (Section 31A-Temporary Restrictions) (Covid-19) (No.10) Regulations 2020 a priest is committing a penal offence for holding a religious gathering, a Garda spokeswoman cited two regulations within the act.

Meanwhile, confusion apparently reigned in Government this week on the issue. When asked to clarify whether the Garda were interpreting the act correctly, the Department of Health referred this newspaper to the Attorney General, whose press queries are handled by the Department of the Taoiseach.

However, the Department of the Taoiseach referred the query back to the Department of Health. This back and forward continued as this newspaper went to print on Tuesday evening.

Sources close to Fr Hughes said that he is determined not to pay the fine and is prepared to go to jail if necessary. He is also adamant that he will continue to celebrate Mass while the church doors remain open.