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1 1963

OFFICIAL SECRETS ACT, 1963

PART III

Communication of information to the prejudice of the safety or preservation of the State

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.

Communication with foreign agents or members of unlawful organisations.

10. —(1) Where a person is charged with a contravention of section 9, the fact that he has (whether within or outside the State) been in communication with or attempted to communicate with a foreign agent or with a member of an unlawful organisation shall be evidence that the act in respect of which he is charged has been done in a manner prejudicial to the safety or preservation of the State.

(2) A person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent or a member of an unlawful organisation if he has (whether within or outside the State) visited the address of a foreign agent or a member of an unlawful organisation or consorted or associated with such agent or member, or if (whether within or outside the State) the name or address of or any other information regarding a foreign agent or a member of an unlawful organisation has been found in his possession or has been supplied by him to any other person or has been obtained by him from any other person.

(3) Any address (whether within or outside the State) reasonably suspected of being an address used for the receipt of communications intended for a foreign agent or a member of an unlawful organisation, or any address at which such a person resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of a foreign agent or a member of an unlawful organisation and communications addressed to that address to be communications with a foreign agent or a member of an unlawful organisation.

(4) In this section—

foreign agent” includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign power either directly or indirectly for the purpose of committing an act (whether within or outside the State) prejudicial to the safety or preservation of the State, or who has or is reasonably suspected of having (whether within or outside the State) committed or attempted to commit any such act;

member of an unlawful organisation” means any person who is or has been or is reasonably suspected of being or having been a member of an unlawful organisation within the meaning and for the purpose of the Offences Against the State Act, 1939 .

Harbouring offenders and failure to report offences.

11. —(1) A person shall not knowingly harbour any person whom he knows or has reasonable grounds for supposing to have contravened or to be about to contravene section 9.

(2) A person who becomes aware that there has been or is about to be a contravention of section 9 shall forthwith disclose to a member of the Garda Síochána or of the Defence Forces any information in relation thereto which it is in his power to give.

Proceedings in camera.

12. —If in the course of proceedings, including proceedings on appeal, for an offence under section 9 or for an offence under Part II committed in a manner prejudicial to the safety or preservation of the State, application is made by the prosecution, on the ground that the publication of any evidence or statement to be given or made during any part of the hearing would be prejudicial to the safety or preservation of the State, that that part of the hearing should be in camera, the court shall make an order to that effect, but the verdict and sentence (if any) shall be announced in public.