A domiciliary midwife yesterday won her two-year High Court challenge to be allowed provide unrestricted services to pregnant women.
The President of the High Court, Mr Justice Morris, discharged an injunction granted to An Bord Altranais in August 1997 against Ms Ann O Ceallaigh, of Temple Crescent, Blackrock, Co Dublin, which restrained her from practising.
Since the order was granted, Ms O Ceallaigh had successfully applied to vary it on several occasions. When it was lifted yesterday, she was not in court as she was delivering her 47th baby since it came into effect.
At an in camera hearing yesterday, Dr Michael Forde SC, for Ms O Ceallaigh, applied for the order to be vacated. The application was opposed by the board.
Discharging the order, Mr Justice Morris said An Bord Altranais should have had regard to the 47 mothers who had chosen to avail of Ms O Ceallaigh's services since the injunction was granted.
The board should also have had regard to three expert reports furnished on behalf of Ms O Ceallaigh, he said. Section 44 of the Nurses Act required the board to be satisfied it was in the public interest as of now to apply for the injunction to continue.
It was incumbent on the board to consider evidence as to the present position and not rely exclusively on the evidence available to them in August 1997, he said.
The board had never considered the up-to-date position, including the number of mothers who had availed of Ms O Ceallaigh's services and the reports of the English experts Prof Lesley Paige, Ms Mary Cronk and Dr Porter.
Mr Justice Morris awarded costs of the hearing to O Ceallaigh the midwife and also her costs of a hearing last week when he had directed that the injunction application should be heard as soon as practicable.
Ms O Ceallaigh is the subject of four complaints to the board - two by the master of a Dublin maternity hospital and two by the matron of another hospital. A hearing by the board's fitness to practise committee into one of those complaints is continuing.
According to lawyers for Ms O Ceallaigh, one of the mothers who is the subject of one of the complaints has since had another baby delivered by the midwife.
