Attorney General Believed Ministers Misled Dáil in Smyth Extradition Case

The attorney general (AG) in 1994 believed Fianna Fáil ministers had withheld information and deliberately intended to mislead the Dáil during a controversy surrounding the extradition of paedophile priest Fr Brendan Smyth.

Smyth was a Catholic priest and convicted sex offender. He died in prison in August 1997.

According to newly-released files from this yearS State Papers, AG Eoghan Fitzsimons was left “disturbed” after he found the contents of a statement on the scandal by then-Taoiseach Albert Reynolds “seriously misleading”.

Mr. Fitzsimons formed the view that ministers had withheld information that challenged an clarification given by his predecessor Harry Whelehan for the delay in extraditing Smyth to Northern Ireland.

Mr. Whelehan had claimed that the delay in Smyth’s extradition was due to it being the first case of its kind relating to past abuse cases that was covered by new legislation.

However, Mr. Fitzsimons found that there had been a previously similar case relating to Fr. John Duggan, which had been personally dealt with by Mr. Whelehan.

Mr.Reynolds subsequently made a statement to deny that there was a conspiracy to mislead the Dáil or conceal the truth.

He accused Mr. Whelehan of misleading the government,and said he would not have proposed appointing Mr. Whelehan to the role of the president of the High Court if he had been aware of the Duggan case.

Mr. Whelehan’s nomination to the position following this revelation ultimately led to the collapse of the Fianna Fáil-Labor Party government.

On december 6, 1994, Mr. Fitzsimons wrote to then-Tánaiste and Minister for Finance Bertie Ahern saying it was his firm understanding, up to around midday on November 15, 1994, that the Dáil would be informed about the existence of the Duggan case.

He said he had informed the Taoiseach on November 14, 1994, that consideration of the same provision in the Extradition Act as the Smyth case had been examined in relation to the Duggan case two years prior.

Mr. Fitzsimons said: “I had no reason to believe that anyone doubted the simple advice that I had given, namely, that the Smyth case was not the first case in which the section had been considered.”

He pointed out that he was asked to draft an answer to the question causing the controversy, by the minister for justice at the time Máire Geoghegan-Quinn – namely whether…