Harry Whelehan facts for kids

Harry Whelehan was an important Irish judge and lawyer. He was born on 17 February 1944. He worked as a barrister, which is a type of lawyer who argues cases in court.

He also served as the Attorney General of Ireland from 1991 to 1994. This job means he was the chief legal advisor to the Irish government. Later, he was a judge in the High Court for a very short time in November 1994. He even became the President of the High Court during those few days.

Harry Whelehan: Ireland's Attorney General

The Attorney General is the main legal advisor to the government. They help make sure laws are followed. Taoiseach Charles Haughey chose Harry Whelehan to be the Attorney General on 26 September 1991. He replaced John L. Murray.

Whelehan kept his job when Albert Reynolds became Taoiseach. He was appointed again after the 1992 general election. This was when the Fianna Fáil party worked with the Labour Party to form a government.

Important Legal Cases as Attorney General

As Attorney General, Harry Whelehan was involved in several big legal cases. These cases were important for Irish law and politics.

The X Case: A Legal Challenge

One major case was known as the X Case. This was a "test case," meaning it was used to check how a certain law worked. The case was about a part of the Irish Constitution. This part said that unborn life had a right to protection.

Whelehan felt he had a duty to follow the Constitution. He later said he was sorry for the upset the case caused. But he believed he had to uphold the law as it was written.

The Beef Tribunal: Government Secrets

Whelehan also got involved in the Beef Tribunal. This was an investigation into the beef industry. He tried to stop a government minister, Ray Burke, from being asked about private government talks.

Whelehan argued that these talks should stay secret. The Supreme Court agreed with him. This decision was quite controversial at the time. Later, in 1997, a new change to the Constitution made it easier to share such information.

The Brendan Smyth Case: A Delay in Justice

Another difficult situation involved a person named Brendan Smyth. There was a request to bring Smyth from Northern Ireland to Ireland for legal reasons. This process is called extradition.

In November 1993, the request was still waiting at the Attorney General's office. Smyth then gave himself up in Northern Ireland. A TV show in October 1994 suggested the delay might have been on purpose.

Whelehan said he did not know about the delay. Some people blamed a lack of staff in his office. Others said the case was very complex. It involved a part of the law that had not been used before.

This delay caused a lot of discussion. Whelehan wrote a report about the case for the Taoiseach. He explained that this was the first time a specific part of the Extradition Act had been considered.

Harry Whelehan's Time as a Judge

After being Attorney General, Harry Whelehan became a judge. This part of his career was very short and caused a lot of political debate.

High Court Appointment and Resignation

In September 1994, the Chief Justice of Ireland retired. This led to a new opening for a judge. Harry Whelehan wanted to become a judge in the High Court. He also wanted to be its President.

However, the leader of the Labour Party, Dick Spring, did not agree. The Labour Party was working with the Taoiseach's party in the government. There were talks about this decision in October 1994.

On 11 November 1994, the Taoiseach, Albert Reynolds, appointed Whelehan as a judge. This happened while the Brendan Smyth case was still being discussed. Labour Party ministers were not at the meeting where this decision was made.

Mary Robinson, the President of Ireland, confirmed his appointment that same day. Whelehan took his oath of office on 15 November. He heard parts of two legal cases over the next two days.

The Taoiseach later said he regretted appointing Whelehan. Whelehan's replacement as Attorney General tried to get him to resign. Whelehan first refused. But he resigned on 17 November. He said he did this to "keep the judiciary out of politics."

The controversy caused the Labour Party to leave the government. This led to a new government being formed. The way Whelehan was appointed also led to a new system. An independent Judicial Appointments Advisory Board was created. This board now helps recommend judges to the government.

Later Career and Legal Rules

After resigning as a judge, Harry Whelehan faced rules about working again as a lawyer. Usually, former judges cannot work in courts that are the same level or lower than where they served.

Because he was President of the High Court, he was also part of the Supreme Court. This rule would have meant he could not work in any court. However, the Bar Council of Ireland, which is a group for barristers, made an exception for him.

In 2007, a newspaper reported that the Judicial Appointments Advisory Board had suggested Whelehan for another judgeship. But the government at the time did not choose him.