AG Whelan may face attack over IBRC legal problems

In his recent book, Inside the Room: The Untold Story of Ireland's Crisis Government, former Tánaiste Eamon Gilmore describes Enda Kenny's reaction when the then Labour leader nominated Máire Whelan as Attorney General.

“He didn’t know her, but he expressed strong doubts about her appointment,” wrote Mr Gilmore.

“‘She is an officer of the Labour Party!’ he [Kenny] exclaimed. ‘You cannot seriously appoint a political figure to such an important and sensitive position in the Government’.”

However, Mr Gilmore says Ms Whelan and Mr Kenny forged a strong relationship thereafter, a view supported by others across the Government.

When Ms Whelan’s performance came under sharp focus following the publication of the Fennelly report, Mr Kenny backed her in public and in private, expressing support for her at a Cabinet meeting.

She received the harshest verdict of all in the interim Fennelly report, at one stage being accused of “puzzling” and “perplexing” behaviour.

It was also strongly suggested that she overplayed the taping of phone calls at Garda stations to Mr Kenny, a chain of events that led to the retirement of former Garda commissioner Martin Callinan.

At the time some Fine Gael sources privately suggested she had questions to answer, while Labour stood by its nominee.

The proximity to a general election and an unwillingness to rock the Coalition boat may have saved her from greater political difficulties.

Judg

ment Ms Whelan’s judg

ment also came under scrutiny when the Supreme Court ruled that booklets distributed by the Government for the children's referendum were flawed. Advice from Ms Whelan's office had informed their content.

The legal difficulties encountered by the IBRC Commission of Investigation will make Ms Whelan the focus of Opposition attacks once more, with many believing the failure to anticipate the problems that have emerged in recent days as yet another failure.

Michael Noonan and Mr Kenny again expressed confidence in her yesterday, and some Ministers felt that, whatever about previous mistakes, Ms Whelan is unfortunate to be at the centre of criticism again.

"A lot of legal types think she is not worthy," said one Minister in a nod to what was seen in Government as a whispering campaign against the Attorney General from the Law Library when she was appointed.

Episodes in recent days only serve to fuel those whispers.