Guidelines on Pre-signed Mass Cards
Offered for Sale
Section 99 of the Charities Act 2009 prescribes the conditions under which pre-signed Mass cards
can be sold. This Section was put in place to control what was considered to be widespread abuse
of the Mass card system and the absence of transparency and public accountability in the distribution
and sale of pre-signed Mass cards in commercial outlets.
It states: “A person who sells a Mass card other than pursuant to an arrangement with a recognised
person shall be guilty of an offence”. Here “arrangement” means the approval or endorsement of a
“recognised person”.
The latter is described as: “a Bishop of the Church, or a Provincial of an Order of priests established
under the authority of, and recognised by, the Church”
The “church” is defined as: “the Holy Catholic Apostolic and Roman Church”, and ‘priest’ means “a
priest ordained according to the rites of the Church”.
Under the Act “a ‘Mass card’ means a card or other printed material that indicates, or purports
to indicate, that the Holy Sacrifice of the Mass (howsoever described) will be offered for - (a) the
intentions specified therein, or (b) such intentions as will include the intentions specified therein”.
The latter means a share or general remembrance in a Mass or number of Masses as distinct from a
specific intention in a specific Mass.
The word ‘sell’ includes to “offer or expose the card for sale or invite the making by a person of an
offer to purchase the card.”
Court proceedings may be taken against those who do not comply with the provisions of the Act. The
Charities Regulatory Authority may bring and prosecute summary proceedings in the District Court
or, depending on the seriousness of the alleged offence, may refer the file to the Director of Public
Prosecutions who may bring and prosecute proceedings on indictment.
Persons found guilty of an offence under the Act are liable:
• On summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not
exceeding 12 months or to both.
•
On conviction on indictment, to a fine not exceeding €300,000 or to imprisonment for a term not
exceeding 10 years or to both.”
In October 2009 Section 99 underwent a constitutional challenge in the High Court, and on 17
December 2009 the Court issued its judgement rejecting the challenge “under all headings.” The
judgement can be read on the website of the Irish Courts Service at www.courts.ie/judgements - go to
High Court and 17/12/2009 McNally v the State.
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In practical terms what the Section means is that a distributor or retailer of pre-signed Mass cards
must be able to demonstrate that they have the written approval of a “recognised person”, as
described above, for the cards they are offering for sale.
In addition to the Charities Act, the Catholic Church has strict rules laid down in Canon Law for the
administration of Mass cards. Canon 947 states: “Any semblance of trafficking in the Mass is to be
entirely excluded.” This means that no Bishop or Provincial – i.e. a “recognised person” under the
Act – should make an “arrangement” (give approval or endorsement) with commercial outlets for the
purpose of selling pre-signed Mass cards.
As Mass cards are not a feature of life in developing countries, it can happen that a bishop there
would agree to accept donations from Ireland not knowing that the Mass is being traded to generate
the donations. There have been examples of this.
Religious congregations who provide pre-signed Mass cards for the personal use of people print their
charity number (also referred to as CHY no.) on the back of their cards along with their name and
contact details. This provides traceability and transparency for the public.
It is recommended that retailers, using the above criteria, should:
1. Check the status of pre-signed Mass cards being offered to them for re-sale.
2. Seek written evidence of any “arrangement” that is being offered to them as compliance with
Section 99. It is suggested that a document signed personally by a “recognised person” should
be sought. A business owner should satisfy themselves beyond doubt that they would be in full
compliance with the law by offering a pre-signed Mass card for sale.
3. Retain a copy of that evidence for production to the public when asked, or to the Gardaí who
enforce Section 99.
4. If not satisfied with the documentation presented, they should contact a business organisation of
which they are a member, e.g. RGDATA, the Convenience Stores & Newsagents Association, the
Irish Postmasters Union, etc for advice. Their local Diocesan Office can check the status of a priest
whose signature / name is printed on a Mass card, or the status of an “arrangement” purported to
have been made by a Bishop or the Provincial of an Order of Priests.
5. Retailers should also recognise their legal responsibility under the Sale of Goods and Supply of
Services Act, and in particular the provision on fit for purpose, e.g. their need to ensure that a
promise on a pre-signed Mass card that “a Mass will be offered” is fully honoured.
6. It is recommended that retailers should not rely on any criteria other than above as stated in the Act.
It is recommended that members of the public should:
1. Always check the status of pre-signed Mass cards being offered for sale in commercial outlets
using the above criteria only.
2. Not buy such a card where the signature / name of the priest thereon is not clearly legible, or
where the actual location of the priest is not made known to them.
3. Ask to see, or to be provided with, a copy of the “arrangement” that the retailer offers as evidence
that the sale is in compliance with Section 99.
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4. If they are not satisfied that the documentation meets the criteria as outlined above, they should
lodge a complaint with their local Garda Station, or advise their local Diocesan Office about their
concerns.
5. If a distributor of pre-signed Mass cards is not a registered charity, they do not come within the
scope of the Monitoring Group under the Guiding Principles for Fundraising, but they must
comply with Section 99 of the Charities Act that is in place to protect the public and to provide full
transparency and accountability.
This is an initiative funded by
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