[1][2] Taoiseach Charles Haughey appointed Whelehan Attorney General of Ireland in the Fianna Fáil–PD coalition on 26 September 1991,[3] replacing John L. Murray, who had been nominated to the European Court of Justice.
In 1992, Whelehan was the attorney general in the X Case, in which he sought an injunction to prevent "Miss X", a teenager pregnant from rape, from travelling abroad to the United Kingdom for an abortion.
In March 1993, the Royal Ulster Constabulary (RUC) requested the extradition of Brendan Smyth, a priest arrested for child sex abuse.
[6] The delay was variously blamed on short staffing in the office and the complexity of the case, which might fall under a previously unused provision of the law on extradition.
[9] Thomas Finlay retired as Chief Justice of Ireland in September 1994, and Liam Hamilton was promoted from President of the High Court to replace him.
[10] This was opposed by Tánaiste Dick Spring, leader of the Labour Party, Reynolds' coalition partner; negotiations on a quid pro quo were held in October 1994.
[10] On 11 November 1994, while the Brendan Smyth controversy was still in the news, Reynolds appointed Whelehan to the vacancy, at a cabinet meeting from which Labour ministers were absent.