Four Co Monaghan woman have lost a High Court bid to overturn a decision of the North Eastern Health Board to suspend maternity services at Monaghan General Hospital.
Mr Justice O'Caoimh, in a reserved judgment yesterday, found that the Health Act 1970 did not preclude the NEHB from taking its decision to suspend the maternity services at Monaghan.
Nor had the women satisfied the court that the provision of maternity services at Cavan General Hospital was such as to breach any requirements of the 1970 Health Act, he said.
The judge said it was clear from the evidence that the board's decision was taken in the light of prevailing circumstances, particularly having regard to the decision of the hospital's insurers to withdraw insurance cover so as the effectively preclude the continuance of maternity delivery services at the hospital.
Costs of the two-day action, estimated at between €50,000 to €60,000, were awarded to the health board.
A stay on the decision was granting pending the women's decision on whether they will appeal the finding to the Supreme Court.
Mr Justice O'Caoimh said the general obligations on health boards to provide services must be construed on a rational basis. A health board must be able to choose where the provision in question would take place as long as the decision was not such as to preclude the provision of the service for women residing in any part of its catchment area.
Consultant-led delivery services at the hospital had been discontinued in circumstances "where it must be doubtful that such services will be re-instituted in the future."
It appeared the health board sought to provide some maternity service in Monaghan and this remained its plan. A mid-wife led maternity service was to be introduced in 2005.
Nowhere in the legislation was there any indication as to where the provision of a service was to take place but it was clear the obligation was to provide services such as medical, surgical and mid-wife services, the judge said.
The four women who took the action, which was backed by the Monaghan General Hospital Development Committee were Ms Shauna Tierney, McCurtain Street, Clones; Ms Maura Sherlock, Tirnaskea, Tydavnet, Ms Brenda McAnespie, Lakeview, Emyvale and Ms Sharon O'Neill, Oriel Park, Emyvale.