Separate legal teams appointed by the Attorney General, Mr David Byrne, are representing the interests of the unborn and the 13-yearold pregnant rape victim in the High Court hearing on the girl's right to travel to England for an abortion. The case, which has been heard in camera for the past two days, is expected to conclude today.
Appearing for the Attorney General are Mr Donal O'Donnell SC, who is asserting the rights of the girl, and Mr James O'Reilly SC, who is defending the interests of the unborn.
The fact that Mr Byrne is representing two conflicting positions in the case was no indication of Government policy, according to Government sources last night. A spokesman confirmed that the Attorney General was being represented in the case as "guardian of the public interest". He was not acting in his principal role as law officer of the Government.
Government sources maintain that the Attorney General has made "appropriate arrangements to ensure that all the interests which he has a constitutional duty to properly and appropriately represent will be represented".
The Attorney General was made a notice party in the case by the girl's parents when a Children's Court order permitting her to travel for an abortion was appealed.
The former attorney general, Mr Harry Whelehan SC, exercised the jurisdiction of parens patriae - to act as guardian of the public interest - in the X case in 1992. He then obtained an injunction to stop X, a 14-year-old rape victim, from travelling to the UK for an abortion. The Supreme Court overturned the decision.
The only function expressly attributed to the Attorney General in the Constitution is to act as law officer of the Government. However, he has additional powers conferred on him which allow him, in certain circumstances, to take independent action as "guardian of the public interest".
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