Fourteen pregnant women, who want to have their babies at home, were allowed representation at a High Court hearing yesterday at which An Bord Altranais (the Nursing Board), sought an order to prevent a Co Dublin nurse practising as a home-birth midwife.
The women said they had engaged Ms Ann O Ceallaigh, a selfemployed domiciliary midwife, of Temple Crescent, Blackrock.
On August 1st, the High Court, at an in camera sitting, granted a temporary injunction to the board against Ms O Ceallaigh.
Yesterday, Mr Sean Moylan SC, for the women, told Mr Justice Moriarity they were "in a limbo" because of the order. Mr Moylan was making submissions before the court heard an application by the board for an interlocutory injunction against Ms O Ceallaigh. If the order is granted, it will restrain Ms O Ceallaigh from practising until a full hearing in the High Court. Ms O Ceallaigh claims the case against her is based on the allegations of two nursing and medical executives in the Rotunda and Holles Street maternity hospitals.
She has been restrained from practising as a nurse pending the outcome of a disciplinary inquiry by the board into those allegations. She is seeking to have the restraining order lifted and also wants the court to review the board's decision.
Yesterday, Mr Justice Moriarity said that under Section 44 of the 1985 Nurses Act, it was mandatory that he heard the application for an interlocutory injunction in camera. He adjourned Ms O Ceallaigh's application for a review to Monday. Mr Moylan said it was a serious matter for the women because if they did not have Ms O Ceallaigh, the services would have to be provided by the Eastern Health Board.
He understood there were only four domiciliary midwives in the board area. They would be engaged up to Christmas and were not available. One of his clients was expecting her baby later this month. He applied to have the women represented at the in camera hearing.
Mr Justice Moriarity said it appeared Mr Moylan's clients had such an intrinsic and immediate interest in the proceedings that they should be represented. He suggested that one of the women represent the interests of all 14.
Mr Justice Moriarity said he would adjourn the hearing to allow the parties prepare for the board's application.