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The Catholic Church is taking legal advice following the publication of a new Covid-19 statutory instrument that is “draconian” and the introduction of which it said it considers to be a “breach of trust”.
He was responding to a new regulation making it a criminal offence to attend certain types of events or gatherings.
The regulation appears to encompass religious services other than weddings or funerals, but is not focused on religious gatherings.
The Archbishop of Armagh, Eamon Martin, said the new statutory instrument was introduced and published in a “clandestine” manner.
In a statement issued by the Catholic Press Office, he said the Catholic archbishops had not been aware of the new law until Friday, when it was published, having been signed on Monday of last week by the Minister for Health, Stephen Donnelly.
This was despite reassurance to church leaders on Thursday from the Taoiseach, Micheál Martin, that he understood the importance of faith and worship for the Irish people.
“We will seek an immediate meeting with Minister Donnelly and we request the suspension of this harsh and unclear statutory instrument,” Archbishop Martin said.
Speaking on RTÉ radio, Mr Donnelly said he would be “very, very happy” to meet the Archbishops and insisted churches were not being targeted. The new regulation was about indoor gatherings that are high risk, he said.
The new regulation, statutory instrument 171 of 2021, which came into effect last Tuesday, is on the Gov.ie website.
It is not specifically aimed at religious services but does appear to include religious services other than funerals or weddings.
Archbishop Martin said he only became aware of the new law on Friday and had since consulted his fellow archbishops.
“We consider the publication of this statutory instrument, together with associated penal provisions, to be provocative and formally enacting a potential infringement of religious freedom and of constitutional rights.
“The precise provisions are unclear and at first reading appear to be draconian, going further than the restrictions we have been co-operating with throughout the pandemic to date.”
Co-operating fully
Archbishop Martin said that together with other churches and faith communities, the Catholic Church had been co-operating fully with public health messages for more than a year now, he said.
At the same time the bishops had consistently impressed on the Government that people of faith value highly their spiritual well-being and consider the public practice of their faith as essential.
This was something which had not been sufficiently recognised in statute, the archbishop said.
“It is highly disappointing then, that despite the reassurances of the Taoiseach to church leaders only two days ago that he understood the importance of faith and worship to the people of Ireland, this statutory instrument was introduced in a clandestine manner and without notice or consultation. We consider this to be a breach of trust.”
On Wednesday in the High Court it was stated that the State had confirmed to businessman Declan Ganley, who is taking a case against the State in relation to the restrictions on public worship, that taking part in prohibited services was a criminal offence.
Darren Lehane SC, for Mr Ganley, said that his side, in line with the court’s direction, had written to the State querying whether its position was that attendance at, and celebration of, public Masses, other than funeral and wedding Masses permitted under the relevant regulations, was a criminal offence.
The State had replied in the affirmative, the court was told. Catherine Donnelly SC, for the State, confirmed that this was the State’s position.
Mr Ganley, a practising Roman Catholic, claims that as a result of the restrictions, he cannot leave his home to attend Mass and that this is in breach of the State’s guarantee of the free practice of religion in Article 44 of the Constitution.
The case has yet to go ahead and was adjourned last Wednesday to later this month, for further mention.