File 3 - Áras correspondence 1994 Part 3

72 pp

Correspondence mainly to President Mary Robinson (MR) from Peter Ryan (PR), Secretary to the President, including material relating to the fall of the Government in November 1994 (see archivist's note) consisting of copy of text of statement by outgoing Taoiseach Albert Reynolds to Dáil Éireann, 15/11/1994, correspondence between Harold A. Whelehan, and MR relating to his resignation from the Office of President of the High Court and as Judge of that Court (two days after being appointed by Reynolds), and including a statement, 17/11/1994, correspondence from Frank Murray, Secretary to the Government to PR with photocopies of the resignations of members of the Labour party, including Tánaiste Dick Spring, which effectively collapsed the Government, 17/11/1994, photocopies of Taoiseach's resignation letter to MR, 17/11/1994 and photocopy of MR's acceptance of resignations, and correspondence relating to new TDs being nominated to replace those who had resigned, including Bertie Ahern as Tánaiste, 18-21/11/1994; typed memo from PR to MR relating to the need to review protocol attached to the departure of the President on visits abroad and her return, 08/12/1994; note from Brian McCarthy, Assistant Secretary to the Government to PR, noting that copies of correspondence between MR and Heads of State concerning the situation in Rwanda, was going to be placed in the Oireachtas Library, 21-22/12/1994; notes of meeting with Taoiseach [John Bruton], 22/12/1994 covering topics including Northern Ireland and meeting he had had with UK Prime Minister, John Major, MR's wish to address the Houses of the Oireachtas, MR's proposal for Government dinner, various planned visits, and plans to continue meetings between MR and Taoiseach as had happened with his predecessor, Reynolds.

[Archivist's note: In early 1994, Whelehan expressed an interest in becoming President of the High Court and a Judge of the High Court, to which Reynolds gave a personal commitment. This was opposed by Dick Spring, not only due to the quid pro quo nature of the arrangement but also due to Whelehan's controversial role in the X Case, where he was blamed for preventing a 14-year-old girl from traveling to the UK to undergo an abortion. In March 1993, the Royal Ulster Constabulary requested the extradition of Brendan Smyth, a priest arrested for child sex abuse. On 6 October 1994, an edition of UTV's Counterpoint programme revealed that in November 1993, the request was still at the Office of the Attorney General, when the RUC informed the Office that Smyth had voluntarily given himself up in Northern Ireland. The programme suggested this delay was deliberate (possibly in view of Whelehan's conservative beliefs). In response, Whelehan stated he had not known of the case. Reynolds proceeded to appoint Whelehan as President of the High Court. This decision, combined with the Smyth revelations and their earlier opposition to Whelehan, prompted the Labour party to walk out from cabinet. Reynolds requested that Whelehan prepare a memorandum on the Smyth case, which was delivered on 15 November 1994. This claimed the case was the first one to involve section 50 of the Extradition Act 1965. In the Dáil that day, Reynolds summarised the report he had received from Whelehan. On 16th it transpired that there had been a precedent involving another paedophile cleric, John Anthony Duggan, which had been resolved promptly in 1992 by Whelehan. The Labour party withdrew from the government in order to vote no confidence. Reynolds, facing defeat, nevertheless stated he regretted having appointed Whelehan, and criticised his failure to inform the government about the Duggan case, for which Reynolds received backlash. On 18th, Whelehan resigned, stating he wished to "keep the judiciary out of politics", and putting forward his side of events. Reynolds and his Government also resigned but Reynolds stayed on as Taoiseach until 15th December when Fine Gael's John Bruton was appointed in a newly formed Government.]

Ref: P143/4/6/1/5/3

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