Harry Whelehan

Harry Whelehan (born 17 February 1944) is a retired Irish judge and barrister who served as President of the High Court and a Judge of the High Court from 15 November 1994 to 17 November 1994, and Attorney General of Ireland from 1991 to 1994.

Attorney General Taoiseach Charles Haughey appointed Whelehan Attorney General of Ireland in the Fianna Fáil–PD coalition on 26 September 1991, replacing John L. Murray, who had been nominated to the European Court of Justice. Whelehan was reappointed by Albert Reynolds after Haughey's resignation, and reappointed by the Fianna Fáil–Labour coalition after the 1992 general election.

X Case

In 1992, Whelehan was the attorney general in the X Case, in which he chose to seek an injunction to prevent a 14 year old child, "Miss X", a teenager pregnant from rape, from travelling abroad to the United Kingdom for an abortion, after she became pregnant after the violent attack. This was a test case of the (subsequently repealed) Eighth Amendment of the Constitution of Ireland, which guaranteed the "right to life of the unborn". In a 2010 documentary, government press secretary Seán Duignan said some ministers felt Whelehan should have turned a blind eye to the case. Whelehan expressed regret for "the upset, the sadness and the trauma which was visited on everybody involved", but felt he had a duty to uphold the Constitution, and that only he had locus standi for the fetus involved. In October 1994, a UTV documentary on Smyth suggested the delay in processing the request was deliberate. Whelehan stated he had not known of its existence. The delay was variously blamed on short staffing in the office and the complexity of the case, which might fall under a previously unused provision of the law on extradition. Reynolds later won a libel suit against The Times of London over an article on the affair.

Judicial career High Court appointment and resignation Thomas Finlay retired as Chief Justice of Ireland in September 1994, and Liam Hamilton was promoted from President of the High Court to replace him. This was opposed by Tánaiste Dick Spring, leader of the Labour Party, Reynolds' coalition partner; negotiations on a quid pro quo were held in October 1994. Over the next two days he heard one case and part of another. Whelehan argued that, although section 50 had been considered in the Duggan case, it had not been applied. Reynolds stated he regretted having appointed Whelehan, and The Irish Times reported that Whelehan's successor as Attorney General, Eoghan Fitzsimons, had tried to persuade Whelehan to resign his judgeship. Whelehan rebuffed Fitzsimons, but resigned on 17 November to "keep the judiciary out of politics".

The political damage caused the Labour Party to leave the coalition, though without forcing an election; instead it formed another coalition with Fine Gael and Democratic Left. Controversy over Reynolds' unilateral appointment of Whelehan led to the establishment of an independent Judicial Appointments Advisory Board to make recommendations for the government.

Later career The rules of the Bar Council of Ireland normally prohibit former judges from working in a court of a level the same as or lower than the court on which they sat. In Whelehan's case, this would have meant he could not work in any court, as the President of the High Court is ex officio a member of the Supreme Court. The Bar Council voted in favour of making an exception to the rule for his case.

Whelehan continued to have a successful career at the bar following his return to private practice. The Irish Independent in 2007 reported that repeated recommendations of Whelehan for a judgeship by the Judicial Appointments Advisory Board had been rejected by Fianna Fáil-led governments, because of his role in bringing down the government in 1994.