The North Eastern Health Board had no power to suspend maternity services at Monaghan General Hospital because the Health Act did not authorise such a suspension, it was claimed in the High Court yesterday.
Mr Eoghan Fitzsimons SC, for four women who are challenging the board's decision, said that under the 1970 Health Act, the board might, if directed by the Minister for Health, discontinue the provision of any premises but not discontinue health services at any of its hospitals.
The action is being taken by Ms Shauna Tierney, McCurtain Street, Clones, Ms Maura Sherlock, Tirnaskea, Tydavnet, Ms Brenda McAnespie, Lakeview, Emyvale, and Ms Sharon O'Neill, Oriel Park, Emyvale.
Counsel said it was open to the court to infer that the board's chief executive, Mr Paul Robinson, had "wished" to terminate maternity services at the hospital. In correspondence, Mr Robinson had referred to "the Monaghan site" as if, mentally, he had abolished the hospital in Monaghan. The issue in the proceedings was whether the board had acted beyond its powers. He was contending the legislation did not authorise a temporary suspension of maternity services.
Mr Fitzsimons said the women would also be inviting the court to infer from the facts, and applying common sense, that the decision described as a "temporary suspension" was a decision to terminate maternity services. If the court took that view, then it was a decision not permitted under the legislation.
The board's decision to suspend maternity services at the hospital led to several protest marches at the time.
Ms Brenda McAnespie, in an affidavit sworn three years ago when she was expecting her sixth child, said it was her desire to have further children. She wanted to have available to her at Monaghan hospital the level of maternity and paediatric services which she was entitled to expect from the health board.
As a result of a failure by the board to implement a 1993 plan to guarantee an active role for five hospitals in the region and provide adequate cover for maternity services at Monaghan, the total births recorded at Monaghan in 1999 fell to 344, she said.
In an affidavit, Mr Paul Robinson said the 1993 plan had confirmed that it would not be possible to provide a full range of services on every hospital site. He denied that the board was seeking to phase out Monaghan General Hospital by degrees.
He said the applicants were seeking to promote a conspiracy theory to the effect that the board had been slowly depriving Monaghan hospital of vital resources in order to close it down.
