Action followed judge's removal from Law Reform Commission

The settlement of the legal action by the retired High Court judge, Mr Rory O'Hanlon, over his removal as president of the Law…

The settlement of the legal action by the retired High Court judge, Mr Rory O'Hanlon, over his removal as president of the Law Reform Commission marks the end of a controversy which began in March 1992 during the abortion debate.

The situation arose out of statements made while Mr O'Hanlon was still a High Court judge and shortly after he was appointed president of the Law Reform Commission. He spoke out strongly against abortion during the run-up to the Maastricht Treaty protocol.

His first intervention in the debate came in March 1992 when he wrote in the Irish Law Times that a new referendum should be held to allow people another opportunity to vote in clearer terms on the right to life of the unborn child. Opposition politicians said the judge should not interfere in the concerns of the legislature.

Days later the judge made a second intervention. He was quoted in the Sunday Tribune as saying he would favour abandoning membership of the EC rather than have abortion introduced here.

READ MORE

The government took a decision at Cabinet to summon the judge to a meeting with the Taoiseach and the attorney general, Mr Harry Whelehan SC.

It was understood that some ministers felt the judge should be removed from the bench, while others argued that such action would create the first "martyr" of the anti-abortion campaign, which would be highly damaging to the government.

Mr Justice O'Hanlon reacted to the summons by issuing a statement which said "there is no power whatever conferred on the Executive to `summon' a judge of the High Court to attend a meeting with the Taoiseach, or to require him to `explain his position' about anything".

The day after that statement the judge attended the meeting after a statement from the Department of the Taoiseach said he was being "invited" to attend.

Three days later the government removed him as president of the Law Reform Commission. The judge had refused to resign from the commission, and his unwillingness to undertake to remain out of the abortion controversy forced the cabinet to take action.