lrc_1963_act_1

(LRC Revised)

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LRC Revised Act

OFFICIAL SECRETS ACT 1963 REVISED Updated to 15 April 2021 (LRC Revised) Open official source

Number 1 of 1963

OFFICIAL SECRETS ACT 1963

REVISED

Updated to 15 April 2021

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Official Secrets Act 1963

. It is prepared

by the Law Reform Commission in accordance with its function under the

Law Reform

Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including the

Residential Tenancies Act 2021

(5/2021),

enacted 30 March 2021, and all statutory instruments up to and including the

European Communities (Reception Conditions) (Amendment) (No. 2) Regulations

2021

(S.I. No. 178 of 2021), made 15 April 2021, were considered in the

preparation of this Revised Act.

Disclaimer: While every care

has been taken in the preparation of this Revised Act, the Law Reform Commission

can

assume no responsibility for and give no guarantees, undertakings or warranties

concerning the accuracy, completeness or up to date nature of the information

provided and does not accept any liability whatsoever arising from any errors

omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number

1963

OFFICIAL SECRETS ACT

1963

REVISED

Updated to 15 April 2021

ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

Short title.

Interpretation.

Repeals.

PART II

Official Information

Disclosure of official information.

Disclosure of confidential information in official contracts.

Retention of documents and articles.

Offences relating

to official dies, seals and stamps.

(Repealed)

Forgery, etc., of

official documents.

(Repealed)

PART III

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

State

Acts contrary to safety or preservation of State.

10.

Communication with foreign agents or members of unlawful organisations.

11.

Harbouring offenders and failure to report offences.

12.

Proceedings

in camera

PART IV

Legal proceedings and supplementary provisions

13.

Offences.

14.

Restriction on prosecution.

15.

Arrest without

warrant.

(Repealed)

16.

Search warrants.

17.

Obtaining information as to suspect offences.

18.

Power to require

the production of telegrams.

(Repealed)

Acts Referred to

Official Secrets Acts, 1911

1911, c. 28

Official Secrets Acts, 1920

1920, c. 75

Offences Against the State Act, 1939

1939, No. 13

Police (Property) Act, 1897

1897, c. 30

Telegraph Act, 1869

1869, c. 73

Wireless Telegraphy Act, 1926

1926, No. 45

Number

1963.

OFFICIAL SECRETS ACT 1963

REVISED

Updated to 15 April 2021

AN ACT TO PROVIDE FOR THE SAFEGUARDING

OF OFFICIAL INFORMATION. [5

th February

, 1963.]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS:—

Annotations

Modifications (not

altering text)

Application of Act restricted by

Taxes Consolidation Act 1997

(39/1997), s. 508A(2), as inserted

(6.09.2007) by

Finance Act 2007

(11/2007), s. 19(1)(g), S.I. No. 614 of 2007. Note that this section continues to

have effect only in the limited

circumstances specified in

Finance Act 2011

(6/2011), s. 33(2), as substituted (1.01.2012) by

Finance Act 2012

(9/2012), s. 26(2),

commenced as per s. 141(8).

Reporting of

relief.

508A.

—(1) A

person (being a qualifying company or the managers of a designated fund)

shall, when required to do so by notice in writing by the Revenue

Commissioners, furnish the Revenue Commissioners within such time as may be

specified in the notice (not being less than 30 days) with such information,

in relation to the relief provided for in this Part, as the Revenue

Commissioners may reasonably require from that person for the purpose of the

annual reports required in accordance with section 7.1 of the Community

Guidelines on State Aid to Promote Risk Capital Investments in Small and

Medium-Sized Enterprises 2.

(2) Notwithstanding any obligation as to

secrecy imposed on them by the Tax Acts or the Official Secrets Act 1963,

the Revenue Commissioners may furnish the information obtained in accordance

with subsection (1) to the person submitting the annual reports referred to

in that subsection.

...

Application of Act restricted by

Taxes Consolidation Act 1997

(39/1997), s. 1003A(12), as inserted

(5.10.2006) by

Finance Act 2006

(6/2006), s. 122(1), S.I. No. 520 of

2006.

Payment of tax by means of

donation of heritage property to an Irish heritage trust.

[1003A.

— ...

(12) (a) The Revenue

Commissioners shall as respects each year compile a list of the titles (if

any), descriptions and values of the heritage properties (if any) in respect

of which relief under this section has been given.

(b) Notwithstanding any obligation as to

secrecy imposed on them by the Acts or the Official Secrets Act 1963 , the

Revenue Commissioners shall include in their annual report to the Minister

for Finance the list (if any) referred to in paragraph (a) for the year in

respect of which the report is made.

]

Application of Act restricted

(1.12.2005) by

Ombudsman (Defence Forces) Act 2004

(36/2004), s.

8(4), S.I. No. 568 of 2005.

Production of document,

information, etc.

— ...

(4) Any obligation to

maintain secrecy or other restriction on the disclosure of information

obtained by or furnished to a Department of State or civil servant imposed

by the Official Secrets Act 1963 shall not apply to a preliminary

examination or an investigation by the Ombudsman under this Act and, subject

to section 10(3), the State shall not be entitled in relation to any such

preliminary examination or investigation to any such privilege in respect of

the production of documents or the giving of evidence as is allowed by law

in legal proceedings.

Application of Act restricted

(6.04.1997) by

Taxes Consolidation Act 1997

(39/1997), ss. 1003(12),

1086(3), commenced as per s. 1098.

Payment of tax by means of

donation of heritage items.

1003.

— ...

(12) (a) The Revenue

Commissioners shall as respects each year compile a list of the titles (if

any), descriptions and values of the heritage items (if any) in respect of

which relief under this section has been given.

(b) Notwithstanding any obligation as to

secrecy imposed on them by the Acts or the Official Secrets Act, 1963, the

Revenue Commissioners shall include in their annual report to the Minister

for Finance the list (if any) referred to in paragraph (a) for the year in

respect of which the report is made.

...

Publication of names of

tax defaulters.

1086.

— ...

(3) Notwithstanding any

obligation as to secrecy imposed on them by the Acts or the Official Secrets

Act, 1963—

(a) the Revenue

Commissioners shall, before the expiration of 3 months from the end of each

relevant period, cause each such list referred to in subsection (2) in

relation to that period to be published in Iris Oifigiúil, and

[

(b) the Revenue Commissioners may,

at any time after each such list referred to in subsection (2) has been

published as provided for in paragraph (a), cause any such list to be

publicised or reproduced, or both, in whole or in part, in such manner, form

or format as they consider appropriate.

]

...

Application of Act restricted

(7.07.1983) by

Ombudsman Act 1980

(26/1980), s. 7(4), S.I. No. 424 of

1983.

Powers of the

Ombudsman in respect of examinations and investigations.

— ...

(4) Any obligation to

maintain secrecy or other restriction upon the disclosure of information

obtained by or furnished to a Department of State or civil servant imposed

by the Official Secrets Act, 1963, shall not apply to an examination or

investigation by the Ombudsman under this Act, and, subject to section 9(2)

of this Act, the State shall not be entitled in relation to any such

examination or investigation to any such privilege in respect of the

production of documents or the giving of evidence as is allowed by law in

legal proceedings.

...

Editorial

Notes

Previous affecting provision

application of Act restricted by

Taxes Consolidation Act 1997

(39/1997), s. 507(2), as substituted (31.12.2011) by

Finance Act 2011

(6/2011), s. 33(1)(a), commenced as per s. 33(2); and as further substituted (1.01.2012)

Finance Act 2012

(9/2012), s. 26(2), commenced as per

s. 141(8); subs. (2) further amended (1.01.2017) by

Finance Act 2016

(18/2016), s. 20(1)(b)(ii), commenced as per s. 59(8), removing reference to

Official Secrets Act 1963

Previous affecting provision: application of Act extended (1.10.1998) by

Europol Act 1997

(38/1997), s. 9(2), S.I. No. 345 of 1998; repealed (1.02.2013) by

Europol Act 2012

(38/1997), s. 19, S.I. No. 15 of 2013.

Previous affecting provision

application of Act restricted (2.06.1995) by

Finance Act 1995

(8/1995), s. 176(12)(b), commenced on enactment; repealed (30.11.1997 with

retrospective effect from 6.04.1997) by

Taxes Consolidation Act 1997

(39/1997), s. 1098 and sch. 30, commenced as per subs. (2).

Previous affecting provision

application of Act restricted (6.04.1983) by

Finance Act 1983

(15/1983), s. 23(3), commenced as per s. 122(6); substituted (10.05.1997) by

Finance Act 1997

(22/1997), s. 158(b), commenced on enactment; repealed (30.11.1997 with retrospective

effect from 6.04.1997) by

Taxes

Consolidation Act 1997