Judgment will be reserved at the High Court today on a challenge by a Co Dublin midwife to the right of An Bord Altranais (Nursing Board) to refer three extra complaints against her to the board's Fitness to Practise Committee.
Ms Ann O Ceallaigh, a self-employed domiciliary midwife of Temple Crescent, Blackrock, seeks an order declaring the board's decision to refer the extra complaints is contrary to natural and constitutional justice.
She also alleges the board did not conduct sufficient inquiries to be "satisfied" it was in the public interest to seek an order against her under the 1985 Nurses Act. She further argues the board failed to grant her a hearing or proper and reasonable inquiries before concluding it was "satisfied" and that this was an abuse of the court process. Ms O Ceallaigh also seeks damages and costs against the board.
In opposing the application, the Nursing Board argues that its referral of three cases for consideration by its Fitness to Practise Committee was procedural and does not attract the rule of natural and constitutional justice. It also argues it is "settled practice" for it and comparable regulatory bodies not to furnish prior notifications of allegations or afford an opportunity to comment on them before they are heard by the Committee of Inquiry. It says it acted in a bona-fide way and its sole motive was the proper discharge of its statutory duties.
The investigation began in March and the committee has before it four complaints of alleged professional misconduct by Ms O Ceallaigh. But the committee hearing has been adjourned while a legal ruling is sought in separate proceedings in the High Court. Ms O Ceallaigh contends that expert witnesses called by her are entitled to sit in and hear the board's evidence against her regarding the first complaint.
When Mr Justice McCracken decides whether the committee was correct in taking on board three extra complaints against Ms O Ceallaigh, he will then decide if her experts can attend the committee's resumed inquiry into her fitness to practise.
A hospital executive made the first complaint in September 1996, and it concerns an incident in June of that year. The woman whose confinement is the subject of the complaint has said in a letter that her case should not be used to discredit Ms O Ceallaigh and that she had received "the best prenatal care" from the midwife.
In court yesterday Ms Barbara Hewson, for Ms O Ceallaigh, said An Bord Altranais had clearly not followed the proper statutory procedures in deciding to prefer the extra complaints to its committee.
Before referring any additional complaints to the committee, the board must show it had made reasonable inquiries but clearly it had not. Neither had it contacted her client and asked her to comment on the allegations. The board therefore had insufficient material on which it could justifiably make a decision to refer these complaints to its committee.
Mr Gerard Hogan SC, for the board, said his client had acted in the public interest in referring the extra complaints.
The board was an expert body charged by the Oireachtas with supervising and overseeing nursing standards. It had evaluated the case against Ms O Ceallaigh and the background circumstances and had concluded there was a case to apply to the court for Ms O Ceallaigh's suspension in the public interest.
The hearing is due to conclude today.