Leo was Head of Government. He was duly authorised to release it if he wanted to.
what section of osa says that?
Subsection 4. Minister means a member of Government. He can authorise himself to release it.
Also arguable it was in interests of State to release it but he does not even need to go there. Heâs authorised.
4. â(1) A person shall not communicate any official information to any other person unless he is duly authorised to do so or does so in the course of and in accordance with his duties as the holder of a public office or when it is his duty in the interest of the State to communicate it.
(2) A person to whom subsection (1) applies shall take reasonable care to avoid any unlawful communication of such information.
(3) A person shall not obtain official information where he is aware or has reasonable grounds for believing that the communication of such information to him would be a contravention of subsection (1).
(4) In this section âduly authorisedâ means authorised by a Minister or State authority or by some person authorised in that behalf by a MiniSterâŚ
surely harris wouldve been the one authorising the release there
nemo iudex and all that
Where does the section say that?
thats for the DPP to decide whether or not its implied, also the act doesnt say you can self authorise
It doesnât need to say itâs permitted. Itâs not prohibited so itâs de facto permitted.
As a penal section itâs strictly interpreted.
Youâd want to be a brave soul to recommend prosecuting Leo without being very certain it wonât be tossed by a court.
itll turn on duly authorised, suggesting a positive action to be taken
It will. But I donât see how they can say he couldnât authorise himself as the Act does not prohibit it.
I will luv it if he gets charged, luvvvv it.
(4) In this section âduly authorisedâ means authorised by a Minister or State authority or by some person authorised in that behalf by a Minister or State authority.
how this subsection is interpreted is key to the case as the agreement is clearly official information
Ah stop - itâs clear as fuck what he did ⌠but fuck all will come it it. We dont go in for that kind of corruption in Ireland.
What corruption? I donât see a law was broken but not my call.
âDuly authorisedâ is defined as meaning that permission has been given by a minister or a State authority or person that has been authorised by a minister or a State authority.
If a person is accused of having breached the Act by disclosing what should be confidential information, then âit shall be a good defenceâ to show that the communication was in fact authorised by a government minister or a State authority, according to the Act.
Leo
Leo
Leo
The barrister who edits the village has not analysed this at all.
did leo email himself saying he was authorising himself, if he hasnt his good defence is up in smoke
Leo gave a sensitive doc to a good buddy to help him- thatâs the long and short of it. Heâs a snake and we all know it⌠but heâs not alone there. Simon Harris is the biggest creep in Ireland⌠Mick Martin is as simple a man as iâve seen involved in politics ever. Mary Lou has hopped on so many bandwagons in the last few years she doesnt know if sheâs coming or going.
Bastards one and all.
Snollygosters. For sure.