Ivana Bacik (Independent)

I appreciate the Minister of State's intentions but I wish to express my concerns about this provision. As a criminal lawyer, I am concerned that we are creating a new criminal offence which will be difficult to defend. I am particularly concerned that no provision is made for the defence of good faith. We are far too quick to create new criminal offences that purport to impose liability in the absence of any requirement of mens rea. Constitutional difficulties have arisen in this regard, although I do not want to say too much on this subject because I am involved as a practising barrister in cases which involve mens rea. Has the Minister of State received advice that the proposed measure sufficiently safeguards the rights of the accused?

I am also concerned about a very different constitutional issue. The proposed section will create the offence of selling a mass card. The definitions by which the parameters of the offence are outlined pertain to matters which are internal to a particular church. The Constitution does not grant a special position to any church and this Republic observes the principle of the separation of church and State. I am not sure from a constitutional point of view that we should be creating an offence which relies on definitions pertaining to internal matters of a particular church in this country.

I recognise the problem which the Minister of State is seeking to address and agree that people should not be defrauded. However, I am concerned about the way in which the proposed section is framed. Has the Minister of State received advice on the matters I have raised and is he confident they will not cause a problem?