Harry Whelehan facts for kids

Harry Whelehan (born 17 February 1944) is a retired Irish judge and lawyer. He served as the Attorney General of Ireland from 1991 to 1994. He also briefly held the position of President of the High Court in November 1994.

Serving as Attorney General

Harry Whelehan became the Attorney General of Ireland on 26 September 1991. The Attorney General is the chief legal advisor to the government. Taoiseach Charles Haughey first appointed him. Later, Albert Reynolds reappointed him after Haughey stepped down. He was reappointed again after the 1992 general election.

The X Case

In 1992, Mr. Whelehan was involved in a very important legal case known as the X Case. This case was about a young pregnant teenager who wanted to travel outside Ireland. Mr. Whelehan, as Attorney General, had a duty to uphold the Constitution of Ireland. The Constitution at the time included a rule about the "right to life of the unborn."

This case was a "test case" to see how that part of the Constitution should be understood. Mr. Whelehan later said he was sorry for the "upset, sadness and trauma" the case caused. However, he felt it was his job to follow the Constitution.

Beef Tribunal Inquiry

Mr. Whelehan also played a part in the Beef Tribunal. This was a public inquiry looking into the beef industry. He stepped in to stop a government minister from being asked about private discussions held by the cabinet. The cabinet is a group of top government ministers.

Mr. Whelehan argued that these discussions should be kept secret. The Supreme Court agreed with him. Later, in 1997, a new change to the Constitution made it easier to share information from cabinet meetings.

Becoming a Judge

In September 1994, the Chief Justice of Ireland retired. This led to a new opening for the President of the High Court. Harry Whelehan was interested in this important judicial role.

High Court Appointment and Resignation

On 11 November 1994, Taoiseach Albert Reynolds appointed Mr. Whelehan as President of the High Court. This happened during a time of some public discussion. Mary Robinson, who was the President of Ireland, confirmed his appointment the same day. He officially took his oath on 15 November. He heard parts of two legal cases during his short time as a judge.

However, questions arose about a previous case handled by the Attorney General's office. On 17 November, just two days after becoming a judge, Harry Whelehan resigned. He stated he wanted to "keep the judiciary out of politics." His resignation caused political changes in the government. It also led to the creation of a new independent board to recommend judges. This board helps ensure fair appointments.

After His Judicial Career

After leaving the High Court, Harry Whelehan returned to being a lawyer. Normally, former judges cannot work in courts that are the same level or lower than where they served. Since the President of the High Court is also part of the Supreme Court, this rule would have stopped him from working in any court. However, the Bar Council of Ireland, which represents lawyers, made an exception for him.

He continued to have a successful career as a lawyer. Reports in 2007 suggested that he was recommended for judgeships again. However, these recommendations were not accepted by the government at the time.