A Co Dublin domiciliary midwife said in the High Court yesterday that, although she was found not guilty last week of professional misconduct, An Bord Altranais, the nursing board, is still seeking to censure her and recommend restrictions on her registration.
Ms Ann O Ceallaigh, of Temple Crescent, Blackrock, Co Dublin, obtained leave from Mr Justice O'Higgins to seek an order quashing the conclusions and recommendations in the report of the inquiry carried out by the Fitness to Practise Committee into alleged professional misconduct.
The court was told that the inquiry's findings were due to go before a nursing board meeting tomorrow, but that it had since been adjourned to March 30th.
Ms O Ceallaigh alleged the complaint of professional misconduct against her was made by Mr Peter Boylan, the former master of the National Maternity Hospital, Holles Street, Dublin.
It concerned a pregnant mother being assisted by Ms O Ceallaigh who had to be admitted to that hospital.
Mr Colm McGeehin, for Ms O Ceallaigh, said in an affidavit that his client said the inquiry was "provoked by Peter Boylan as a means of damaging domiciliary midwives" and that it was the view of the mother in question that it "was aimed at scapegoating Ann O Ceallaigh".
The mother had written a letter in which she had stated "Mr Boylan has taken this action without any consultation with me whatsoever".
Mr Justice O'Higgins, granting leave to Ms O Ceallaigh to seek a judicial review of the recommended restrictions on her registration, said her main complaint was that the inquiry report was inadequate in that it did not comply with statutory or legal requirements and did not specify the evidence on which it reached its conclusions.
The judge agreed lawyers for Ms O Ceallaigh would be entitled to argue that the members of the Fitness to Practise inquiry which heard the complaint against Ms O Ceallaigh were also members of the board and that this was contrary to the principle that a person should not be a judge in their own cause.
Dr Michael Forde, with Ms Brid O'Flaherty, for Ms O Ceallaigh, said the inquiry had gone on for 17 days.
Although it had found his client not guilty of professional misconduct, it had recommended she be censured and that certain restrictions be placed upon her.
He said the inquiry report did not set out the evidence or the reasons which led to its conclusions, and the board could only act as a rubber stamp rather than exercise its discretion.
Dr Forde said his client underwent an in camera inquiry under protest.
This supported her contention that the board wanted the inquiry to be heard behind closed doors.
Mr McGeehin, in his affidavit, said Ms O Ceallaigh was "an independent domiciliary midwife".
She had agreed to provide a service to an expecting mother in Howth and when the mother eventually decided she would prefer to have the baby in a hospital, Ms O Ceallaigh arranged the transfer.
The mother had a Caesarean section and both the baby and mother were well.
Mr McGeehin said that Mr Boylan had shown "most disagreeable hostility to Ann O Ceallaigh in the past" and had been reported as being so critical of domiciliary midwifery as to describe it as "like riding a motorcycle without a helmet".
He said Mr Boylan had no direct involvement with the birth but, on seeing some of the records, "rapidly jumped to the conclusion that there had been professional misconduct on Ann O Ceallaigh's part and decided to report her to An Bord Altranais and seek a disciplinary inquiry".
Mr McGeehin alleged that if domiciliary midwifery became popular it would pose a major economic threat to maternity hospitals, especially to the income of obstetricians.
He said Ms O Ceallaigh and her supporters had always regarded this episode as part of a "turf war" in which one branch of the medical profession had a huge vested interest to protect.