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Máire Whelan

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The Hon. Ms. Justice
Máire Whelan
Judge of the Court of Appeal
Incumbent
Assumed office
19 June 2017
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
30th Attorney General of Ireland
In office
9 March 2011 – 14 June 2017
TaoiseachEnda Kenny
Preceded byPaul Gallagher
Succeeded bySéamus Woulfe
Personal details
Born (1956-11-24) 24 November 1956 (age 68)
Kinvara, County Galway, Ireland
Political partyLabour Party
Spouse
Bernard McCabe
​
(m. 1991)​
Children1
RelativesConor Whelan (nephew)
Alma mater

Máire Rita Whelan (born 24 November 1956) is an Irish judge who has served as a Judge of the Court of Appeal since June 2017. She previously served as Attorney General of Ireland from 2011 to 2017. She was the first woman to hold the office.[1][2]

Personal life

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Whelan is from Kinvara, County Galway. She is married to barrister Bernard McCabe. They live in Dublin.[2][3]

Early career

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Whelan studied politics and sociology at University College Galway, before switching to law,[2] and gained a master's degree from the University of London.[4] She was called to the bar in 1985, and was appointed as senior counsel in 2005.[4] She is a co-author of National Asset Management Agency (NAMA) Act 2009: A Reference Guide.[3] She has served as financial secretary of the Labour Party, which was the junior member of the 2011 coalition government formed with Fine Gael.[5] Her appointment as Attorney General of Ireland caused some surprise amongst lawyers because she had a relatively low profile, owing to practising in areas of law where many cases are heard in camera.[6]

Judicial career

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On 13 June 2017, it was reported that the Government of Ireland had decided to nominate her for appointment by the President of Ireland, as a Judge of the Court of Appeal.[7] The nomination gave rise to controversy because of the procedure followed. In particular, it was widely reported that the nomination had been made in the absence of an application by Whelan for the position of Judge of the Court of Appeal and in circumstances where other applicants had applied for the post (making their intentions known to Whelan as Attorney General) but were not considered by the cabinet. The decision to appoint Whelan as a judge was taken at a cabinet meeting but Whelan did not leave the room when her nomination was discussed.[8][9][10] One of the most serious allegations was that it was also reported that the vacancy on the Court of Appeal had been effectively left open or "frozen" for Whelan as several High Court judges had applied for the position and the Judicial Appointments Advisory Board reported that it was not in a position to recommend any candidate for the vacancy.[11] It was reported that the cabinet would further discuss the nomination as a result of the controversy.[12][13] Her nomination was criticised by Micheál Martin, Leader of the Opposition,[14] and by Jim O'Callaghan, Opposition Spokesperson for Justice and Equality.[15]

The decision to nominate Whelan to the Court of Appeal was taken at the last cabinet meeting presided by Enda Kenny as Taoiseach, and it was widely viewed as a farewell gift by a Taoiseach to a trusted Attorney General.[7] Although the decision was taken under Kenny, it was left to Taoiseach Leo Varadkar to defend and implement it, causing the first controversy of his term of office as Taoiseach.[16]

Notwithstanding the controversy, Whelan did not withdraw her name for consideration and was rapidly appointed a Judge of the Court of Appeal by the President of Ireland on 19 June 2017. She made the formal declaration as a Judge of the Court of Appeal on 21 June 2017.[17] After her appointment and declaration, when she was already a sitting judge, her ability was the subject of exchanges between Micheál Martin and Leo Varadkar in Dáil Éireann leading to fears over the stability of the government.[18] These exchanges led to what was seen as a public rebuke of the Taoiseach and Martin by the then Chief Justice of Ireland, Susan Denham, defending the independence of the judiciary.[19]

References

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  1. ^ "As trust nosedives, could the Whelan controversy lead to an early election?". The Irish Times. 22 June 2017. Archived from the original on 27 July 2017. Retrieved 22 June 2017.
  2. ^ a b c Cullen, Paul (10 March 2011). "First female Attorney General a 'smart and able advocate'". The Irish Times. Archived from the original on 19 October 2011. Retrieved 10 March 2011.
  3. ^ a b McDonald, Dearbhail (10 March 2011). "Top lawyers welcome appointment of first ever female AG". Irish Independent. Archived from the original on 26 October 2012. Retrieved 10 March 2011.
  4. ^ a b "Barrister's database". Bar Council of Ireland. Archived from the original on 20 March 2012. Retrieved 9 March 2011.
  5. ^ Collins, Stephen; McGee, Harry (8 March 2011). "Labour set for AG role as Fine Gael takes 10 ministries". The Irish Times. Archived from the original on 13 March 2011. Retrieved 10 March 2011.
  6. ^ McDonald, Dearbhail (11 March 2011). "Whelan gets AG job over stellar FG law line-up". The Irish Independent. Archived from the original on 14 March 2011. Retrieved 22 March 2011.
  7. ^ a b Minihan, Mary; Bardon, Sarah (13 June 2017). "Cabinet reshuffle: Máire Whelan to become Court of Appeal judge". The Irish Times. Retrieved 13 June 2017.
  8. ^ "'It stinks' – Criticism of decision to give Attorney General a job she didn't apply for". thejournal.ie. 15 June 2017. Archived from the original on 15 June 2017. Retrieved 16 June 2017.
  9. ^ "Government refuses to explain Máire Whelan appointment". The Irish Times. 15 June 2017. Archived from the original on 20 July 2017. Retrieved 16 June 2017.
  10. ^ "Attorney General Máire Whelan was privy to talks on her new position". IrishExaminer.com. 16 June 2017. Archived from the original on 16 June 2017. Retrieved 16 June 2017.
  11. ^ "Several judges applied for vacant court position awarded to AG". The Irish Times. 15 June 2017. Archived from the original on 25 July 2017. Retrieved 16 June 2017.
  12. ^ "Cabinet to discuss Máire Whelan appointment next week". The Irish Times. 16 June 2017. Archived from the original on 22 September 2021. Retrieved 16 June 2017.
  13. ^ "Judicial appointments: Attorney General's nomination must be explained". The Irish Times. 16 June 2017. Archived from the original on 16 June 2017. Retrieved 16 June 2017.
  14. ^ "Máire Whelan appointment described as 'directly political'". The Irish Times. 14 June 2017. Archived from the original on 18 June 2017. Retrieved 16 June 2017.
  15. ^ "Attorney General controversy reveals Government's hypocrisy". The Irish Times. 16 June 2017. Archived from the original on 16 June 2017. Retrieved 16 June 2017.
  16. ^ "Risk of early election as relations between FG and FF 'plummet' over Whelan affair". Irish Examiner. 22 June 2017. Archived from the original on 22 June 2017. Retrieved 22 June 2017.
  17. ^ "Chief Justice highlights independence of Attorney General". The Irish Times. 22 June 2017. Archived from the original on 27 July 2017. Retrieved 22 June 2017.
  18. ^ "Cabinet fears judge saga will bring the Government down". Irish Independent. 22 June 2017. Archived from the original on 22 June 2017. Retrieved 22 June 2017.
  19. ^ "Chief Justice rebukes Varadkar and Martin over Whelan row". The Irish Times. 22 June 2017. Archived from the original on 23 June 2017. Retrieved 22 June 2017.

Works

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  • Whelan, Máire R.; Kennedy, Mark; O Raghallaigh, Feargus (4 March 2011). National Asset Management Agency (NAMA) Act 2009: A Reference Guide. Dublin: Gill & Macmillan. ISBN 978-0-7171-4840-0.
Legal offices
Preceded by Attorney General of Ireland
2011–2017 		Succeeded by
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