A Co Dublin midwife was given leave by the High Court yesterday to challenge the refusal by the Nursing Board's fitness-to-practise committee to allow two expert midwives and a research sociologist to attend its inquiry into a complaint against her.
Mr Justice Geoghegan gave leave to Ms Ann O Ceallaigh to seek a judicial review of the committee's decision last Wednesday refusing permission to Dr Mark Cronk and Prof Leslie Page and a research sociologist, Ms Marie O'Connor, to attend the inquiry.
He gave Ms O Ceallaigh leave to seek a declaration that the committee acted unlawfully in making its decision and to seek an order directing the committee to permit the attendance of the three women.
The inquiry, which is being heard in private, opened on March 9th but has been adjourned to April 16th.
Making the application for leave for a judicial review yesterday, Dr Michael Forde SC, for Ms O Ceallaigh, a self-employed domiciliary midwife, of Temple Crescent, Blackrock, Co Dublin, said his client was entitled to have the three women present to assist her in her defence.
He said the reasons given for excluding them were unjustified. The committee was exercising virtually judicial functions, and excluding the three meant his client was being denied effective legal representation.