Official Secrets Act 1963
Acts contrary to safety or preservation of State.
9.—(1) A person shall not, in any manner prejudicial to the safety or preservation of the State—
(a) obtain, record, communicate to any other person or publish, or
(b) have in his possession or under his control any document containing, or other record whatsoever of,
information relating to—
(i) the number, description, armament, equipment, disposition, movement or condition of any of the Defence Forces or of any of the vessels or aircraft belonging to the State,
(ii) any operations or projected operations of any of the Defence Forces or of the Garda Síochána or of any of the vessels or aircraft belonging to the State,
(iii) any measures for the defence or fortification of any place on behalf of the State,
(iv) munitions of war, or
(v) any other matter whatsoever information as to which would or might be prejudicial to the safety or preservation of the State.
(2) Where a person is charged with a contravention of this section it shall be a good defence to prove that the act in respect of which he is charged was authorised by a Minister or by some person authorised in that behalf by a Minister or was done in the course of and in accordance with his duties as the holder of a public office.
Annotations:
Modifications (not altering text):
C18
Application of subs. (2) extended (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 51(2), commenced on enactment.
Amendment of Official Secrets Act 1963
51. …
(2) In a prosecution for an offence under section 5 or 9 of that Act, it shall be a defence to prove that the act to which the charge of the offence relates is authorised, or is reasonably believed by the person charged to be authorised, by this Act.
C19
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
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No. 1 of 1963 |
Official Secrets Act 1963 |
Sections 4, 5 and 9. |
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Editorial Notes:
E12
Previous affecting provision: application of subs. (2) extended (14.10.2014) by Freedom of Information Act 1997 (13/1997), s. 48(2), commenced on enactment; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced on enactment.
E13
Previous affecting provision: person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 1997 (13/1997), ss. 26(1)(b), 32(1)(a) and sch. 3 part 1, commenced on enactment; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced on enactment.