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Does Article 44.2.6 prevent CAB getting the proceeds of crime from Religious criminal

  • 06-02-2013 12:12am
    #1
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭


    6° The property of any religious denomination or any
    educational institution shall not be diverted save for
    necessary works of public utility and on payment of
    compensation.


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I think what it means is that religious assets can't be confiscated without merit. Taxes, compulsory purchases orders, fines, compensation, etc. are fine, but nationalisation without compensation isn't.

    I wonder if a religious denomination can avail of private property rights under the constitution. Some bishop did point out that the church has little or no legal standing in Irish law - it's not like a company.


  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Victor wrote: »
    I think what it means is that religious assets can't be confiscated without merit. Taxes, compulsory purchases orders, fines, compensation, etc. are fine, but nationalisation without compensation isn't.

    I wonder if a religious denomination can avail of private property rights under the constitution. Some bishop did point out that the church has little or no legal standing in Irish law - it's not like a company.
    Denominations don't own property, as you rightly point out, but organisations associated with/owned by them do. So the Church Representative Body, for example, is the legal owner of much of the property which is occupied and used by the Church of Ireland. Various trustees own property on behalf of Catholic dioceses, Catholic religious bodies, etc. Somebody must be the legal owner of the synagogue in Terenure. And so forth. And I'm pretty sure that all of those people could avail of the protections of Art. 42.2.6, if it came to that.

    But, I agree, I'm not sure that it would avail them much if the property were seized under the proceeds of crime legislation.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,552 Mod ✭✭✭✭johnnyskeleton


    Carawaystick wrote: »
    6° The property of any religious denomination or any
    educational institution shall not be diverted save for
    necessary works of public utility and on payment of
    compensation.

    Presumably CAB would rely on M v Ireland to argue that if it is established that it is proceeds of crime then it isn't really their property to begin with. So a clever criminal wouldn't be able to rely on a religious front.

    However, if you're talking about a criminal giving an anonymous donation to a religious, in reality CAB wouldn't go after them.


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