Court lets midwife fulfil her contracts with 14 women

A Dublin nurse can provide midwifery services to 14 pregnant women with whom she has contracts, following a decision of Mr Justice…

A Dublin nurse can provide midwifery services to 14 pregnant women with whom she has contracts, following a decision of Mr Justice Moriarty in the High Court yesterday.

But Ms Ann O Ceallaigh, a self-employed domiciliary midwife, of Temple Crescent, Blackrock, Co Dublin, is restrained by an interlocutory injunction from providing her services to other pregnant women.

The order modifies a temporary order which had been granted to An Bord Altranais (the Nursing Board) against Ms O Ceallaigh. That order had restrained her from practising as a nurse pending the outcome of a disciplinary inquiry.

Ms O Ceallaigh claimed the inquiry was into allegations by two nursing and medical executives in the Rotunda and Holles Street maternity hospitals.

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The injunction granted yesterday will continue until the hearing of a High Court action by the board against Ms O Ceallaigh.

On Monday next Ms O Ceallaigh's lawyers will be in court again, this time seeking a date when the court can review the decision of the nursing board to hold a disciplinary hearing against her.

The board's application for an interlocutory injunction, which was heard in camera, began on Thursday and ended with Mr Justice Moriarty's judgment yesterday evening.

Lawyers for both sides afterwards told journalists that the judge had agreed that his judgment would be made available to the media later. According to a spokesman for Ms O Ceallaigh, she will be allowed to fulfil her commitments to the 14 women with whom she has contracts. She will also be allowed to give her services to another two women with whom she had contact, if they wish to engage her.

Mr Justice Moriarty had told the parties they could apply to the court if necessary. It was suggested that if other pregnant women contacted Ms O Ceallaigh and sought her services a further application might be made to vary the judge's order.

The first of Ms O Ceallaigh's clients is expecting her baby in the middle of this month and the last in January.

Afterwards Ms O Ceallaigh, who was surrounded by delighted clients, said that if other women sought her services they would have to contact her solicitor. She thought the decision to cut off her services to the 14 pregnant women had been very stressful for them. She was glad to be able to fulfil her contracts to the women.