C8

Application of subs. (4) extended (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 51(1), commenced on enactment.

Amendment of Official Secrets Act 1963

51. (1) A person who is, or reasonably believes that he or she is, authorised by this Act to communicate official information to another person shall be deemed for the purposes of section 4 of the Official Secrets Act 1963 to be duly authorised to communicate that information.

...

C9

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), ss. 35(1)(b), 41(1)(a) and sch. 3 part 1, commenced on enactment.

Information obtained in confidence

35.—(1) Subject to this section, a head shall refuse to grant an FOI request if— ...

(b) disclosure of the information concerned would constitute a breach of a duty of confidence provided for by a provision of an agreement or enactment (other than a provision specified in column (3) in Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule) or otherwise by law.

(2) Subsection (1) shall not apply to a record which is prepared by a head or any other person (being a director, or member of the staff of, an FOI body or a service provider) in the course of the performance of his or her functions unless disclosure of the information concerned would constitute a breach of a duty of confidence that is provided for by an agreement or statute or otherwise by law and is owed to a person other than an FOI body or head or a director, or member of the staff of, an FOI body or of such a service provider.

...

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

...
No. 1 of 1963	Official Secrets Act 1963	Sections 4, 5 and 9.
...	...	...

C10

Application of Act restricted (25.09.2013) by Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013), s. 74(2) and s. 89(2), S.I. No. 362 of 2013.

Saver and restriction of Official Secrets Act 1963.

74.— ...

(2) Sections 4 and 5 of the Official Secrets Act 1963 shall not apply to evidence or a document given to a committee pursuant to a direction.

...

Saver and restriction of Official Secrets Act 1963.

89.— ...

(2) Sections 4 and 5 of the Official Secrets Act 1963 shall not apply to evidence or a document given to a committee pursuant to a direction.

C11

Term "duly authorised" in subs. (4) construed (1.02.2013) by Europol Act 2012 (53/2012), s. 15(2), S.I. No. 15 of 2013.

Application of Official Secrets Act 1963.

15.—(1) Information which comes to the knowledge of any of the following persons in the performance of their functions as—

(a) the Director of Europol,

(b) a member of the Management Board of Europol,

(c) a Deputy Director of Europol,

(d) an employee of Europol,

(e) a person who, in respect of another Member State, performs the functions for that Member State, that a liaison officer performs in relation to the State, or

(f) another person under a particular obligation of discretion or confidentiality under this Act or the Council Decision,

shall be deemed to be official information within the meaning of the Official Secrets Act 1963 and the provisions of that Act shall apply accordingly to such information.

(2) As respects information to which subsection (1) relates, “duly authorised” in section 4(4) of the Official Secrets Act 1963 shall be construed as including being authorised by the Director of Europol or, as the case may be, the Management Board of Europol.

C12

Application of Act restricted (26.04.2000) by Commission To Inquire Into Child Abuse Act 2000 (7/2000), s. 32, commenced on enactment.

Restriction of Official Secrets Act, 1963.

32.—Sections 4 and 5 of the Official Secrets Act, 1963, do not apply to evidence given to the Commission or a Committee or a person conducting an examination pursuant to section 14(5) or to a document produced or sent to the Commission or a Committee or such a person as aforesaid.