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THE DEPARTMENT OF Health has said that priests cannot be criminally sanctioned for holding a public mass while Covid-19 regulations are in place.
With mass limited to taking place online under Levels 3, 4 and 5 of Ireland’s coronavirus measures, the prospect of priests being fined or imprisoned for holding a service has been the focus of comment online, in the media and even in the Dáil chamber in recent weeks.
However, the Department of Health has confirmed to TheJournal.ie that there is no provision for this in the legislation that underpins the restrictions.
Dáil debate
The topic arose during a 22 October Dáil debate on extending the length of time for which the emergency Covid-19 legislation will be in place.
Independent TD Michael McNamara said that “priests will be committing a criminal offence if they open the doors of their churches for mass”.
“Is the Government going to send gardaí after priests who decide to say mass? If the Government is thinking of that, I have one word to say, ‘Don’t’,” the Clare politician said.
In response, Health Minister Stephen Donnelly said that the government is following the National Public Health Emergency Team’s (NPHET) advice on places of worship. He dismissed McNamara’s comments on penalties saying: “Religious services are non-penal in that there is no penalty attached to them.”
After Donnelly concluded his remarks, McNamara made another contribution calling for the record of the house to be corrected. He argued that because saying mass in public was not deemed a ‘reasonable excuse’ for leaving the home under the restrictions, it could result in priests getting into trouble with the law.
The debate concluded without Donnelly responding to this remark.
Iona Institute
The Health Minister’s comments drew the attention of the Iona Institute which issued a statement with the headline ‘Clergy who hold acts of public worship can go to prison under new Covid measures’.
The statement offered further dissection of Donnelly’s comments in the Dáil, claiming that, under Article 8 of the regulations, the organiser of an event that breaches the restrictions, such as a priest that holds a public mass, can face penalties including a fine, imprisonment or both.
“It seems clear, therefore, that Minister Donnelly is incorrect in his interpretation of the new law, a minister of religion can potentially go to prison for holding a public act of worship,” the Catholic advocacy group said.
Quotes from this press release were published in pieces on conservative websites in various countries. Chunks of the text also appeared in numerous Facebook posts.
Department of Health
The Department of Health and a Covid-19 legal expert have dismissed the group’s claim, clarifying that events held for religious reasons could not result in sanctions.
“There is no penalty attached to religious events because they are not included in the definition of ‘relevant event’ for the purposes of Regulation 8,” the Department of Health said.
Regulation 8 provides for restrictions on the organisation of a ‘relevant event’. A ‘relevant event’ is defined at Regulation 4 as ‘…. an event held, or to be held, for social, recreational, exercise, cultural, entertainment or community reasons…’. A relevant event does not include an event held for religious reasons.
In response to McNamara’s comments, the department explained that the list of ‘reasonable excuses’ for leaving the home is non-exhaustive.
Oran Doyle, Professor in law at the Covid-19 Law and Human Rights Observatory of Trinity College Dublin, told TheJournal.ie that the inclusion of ‘religious’ in Section 31A of the legislation and its exclusion from Regulation 4 implies that religious events are not subject to the prohibition in Regulation 8 that was cited by the Iona Institute.
However, Professor Doyle added that it was “not satisfactory” that the legislation was so unclear.
“‘Event’ is defined by Section 31A, subsection 16 of the parent statute as a gathering of persons, whether the gathering is for cultural, entertainment, recreational, sporting, commercial, work, social, community, educational, religious or other reasons,” he said.
The Iona Institute said it does not find the government’s clarification very reassuring.
“The Government says the list of ‘reasonable excuses’ is not exhaustive. If they think holding public worship is a reasonable excuse then they need to say so clearly,” spokesperson David Quinn said.
The government’s five-level framework for combatting Covid-19 restricts indoor gatherings because of the higher risk associated with these activities.
Ministers of Religion are permitted to travel to perform a service on-line, to minister to the sick, and conduct a funeral or wedding ceremony at all five levels. Churches and other places of worship can also remain open for private prayer at all the levels.
Taoiseach Micheál Martin met with Catholic archbishops last week to discuss public worship during Covid-19. There was no change to the restrictions following the meeting and all the parties agreed on the importance of ongoing constructive engagement.
The Department of Health thanked the Catholic Church and other faiths for their “significant co-operation and solidarity” during the pandemic.
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Wouldn’t be like the church to break the law and get away with it.
Why are the department of health commenting on priests….is there a connection??
@Sarah Cullen: Because the dept of health has become the government and the judiciary
So if I have a house party I could be fined up to €2,500 and face 6 months in prison unless I’m a priest, in which case I can hold multiple mass each week and have no fear….
@Jim Buckley Barrett: Invite a priest to the party….sorted!
@Sarah Cullen: Id’ recommend The Spinmaster, Father Billy O’Dwyer.
@Sarah Cullen: lol
@Jim Buckley Barrett: drink all the red wine you want, it’s Gods will.
We are NOT in anything together beside trying to dodge rules as much as possible as it seems.
@Vanessa: so what would you do
What about ordained jedi Knights?
So religious gatherings are ok? So the 30 people coming to mine this evening are ok because we are all members of the Church of the Flying Spaghetti Monster or Pastafarians, celebrating our holy day.
@NotMyIreland:
No they’re not ok, it clearly states that
@dublinguide.ie: There’s nothing clear. That’s seems to be the reason for the discussion
@dublinguide.ie: yeah but for religious reasons I couldn’t get prosecuted
@NotMyIreland: Jah …Pastafari
Why is the dept of health commented on what should be judicial matters?
I say bring back the Mass Rock Services might be cold but worth it..
There are a lot of people who miss the services of Mass..
@Sportmad: Changing bread into a Body and Wine into Blood. It’s a Good Show.
Any priest or other cleric that holds mass or service during the current restrictions, is clearly demonstrating a complete disregard for the safety of their local community.
Whether they can or should bend or fudge the measures in place to hold such gatherings isn’t a question of legal clarity, it’s a matter of moral duty and obligation to prevent the spread of covid19 within their communities.
@David Van-Standen: David, That’s nonsense, even as a non mass goer, i can sympathize with those who want mass and are being denied access to their faith, if distancing can be enforced what difference is people gathering in a church, over gathering in a supermarket??
@Michael Byrne: if their faith resides in the walls of a church and not their heart/soul/mind, then yes they have been denied access, and rightfully so. If they need to listen to a papi, they can do so online. Drink your wine and eat your bread at home. Offer your peace in spirit, not in touch. Completely agree that churches can stay shut to the public for a few weeks. It is not an essential service, since religion resides within us, not churches.
What what would you do if the church is packed to capacity and not all who want to enter can get in? If god resides in the church then who is the authorised person to say that the ones outside the church doors are not worthy enough to enter the mass but others are? Better to have no ceremony, than a ceremony for some and not all.
@Michael Byrne: so you don’t believe that priests have a duty of care for their congregations and a responsibility to protect them from a known public health threat during a pandemic?
Practising faith doesn’t require a physical place if you believe your God is omnipresent does it?
If people want to observe the ritual of a mass the tools are available to do so online and accessible to anyone with a internet connected device or phone.
On supermarkets verses church, for engaging with the supermarket of their choice, many people are using technology to order shopping and have it delivered, but others are still physically going to shops to get food, because these are the options.
Engaging with your God of choice doesn’t require either a delivery service or a franchised outlet…
OK.
Did any priest celebrate Mass? None named. So what is this all about? The usual sneering from modern heroes who specialize in insulting old people and priests.
Lock them up
Leo Martin OUT Mary Lou IN
The big churches in Ireland are probably only at about 5% of their capacity on a normal Sunday anyway, you would be hard pressed to find anyone under 60 at a normal Sunday service these days so just let them use social distancing and masks, and as the Catholic Church has so much land and property that they have no use for anymore maybe they should sell this land and properties and give the money they owe to the victims of their past atrocities
@Darren Callaghan: how do you know how many attend when you dont. The Church I go to mass in, or did before the lock down had a very large crowd attending mass. So speak when you know what you are talking about.
Well they weren’t arrested when they were screwing kids so what’s new!
@Bramer:
Pavlovian response. Say the word ‘priest’ and here we go again.
Only God Almighty can judge thee…. :D
Wow… so my comment was removed… this is what that feels like….
I didn’t name anyone or call out any “fake information”
@thomas patrick: no way?? I do not actually know what was wrong with it, its a fact they haven’t been convicted?!
have your say