Hi everyone,

Does anyone have an idea as to the issues arising in Q2 Oct 09?

Q. The Oireachtas enacts the Protection of Official Records Act 2009.
S1 of the Act defines an official record as 'any record which it would
not have intended to release'.

Secion 2 of the Act creates a criminal offence of 'releasing official
records without authorisation'. The offence is punishable by 5 years
imprisonment and/or fine of €10k. The offence is tried summarily
before a District Court judge.

Billy is a civil servant in the Dept of Economic Affairs. His job is
to release documents to the media that have been authorised for
release by the relevant officer.

His superior officer gives him a file which is to be sent to a
journalist with the Irish Herald. Unknown to him, the file contains a
document, the release of which has not been authorised. He sends the
full file to the journalist, who publishes the material in a front-
page story.

Billy charged with offence under s2 of the Act. Advise him, if it is
possible to prevent prosecution on grounds of Irish constitutional
law.

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I can only identify the issues in paragraph 2 about distinction
between minor and non-minor offences. I'm at a loss as to identifying
other issues.

Thanks,

Aoife

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