Tierney & ors -v- North Eastern Health Board [2010] IESC 43 (09 July 2010)

Tierney & ors -v- North Eastern Health Board [2010] IESC 43 (09 July 2010)

Section 38 of the Health Act, 1970 concerns the provision and discontinuance of premises, not services; the Health Board has implied power to close departments within hospitals and did not act ultra vires in discontinuing maternity services at Monaghan General Hospital.

Citation
[2010] IESC 43
Parties
Applicant/appellant: Shauna Tierney; Applicant/appellant: Maura Sherlock; Applicant/appellant: Brenda McAnespie; Applicant/appellant: Sharon O'Neill; Respondent: North Eastern Health Board
Jurisdiction
Ireland
Judgment Date
09 July 2010
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Statutory Interpretation, Ultra Vires, Health Board Powers, Hospital Service Discontinuance
Administrative Law Health Law Statutory Interpretation Ultra Vires Health Board Powers Hospital Service Discontinuance

Case Brief

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Parties

Shauna Tierney

Applicant/appellant

Maura Sherlock

Applicant/appellant

Brenda McAnespie

Applicant/appellant

Sharon O'Neill

Applicant/appellant

North Eastern Health Board

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Does s.38 of the Health Act, 1970 empower the Health Board to discontinue maternity services at Monaghan General Hospital?
  2. 2 Is the discontinuance of hospital services ultra vires the Health Board?

Ratio Decidendi

Section 38 of the Health Act, 1970 concerns the provision and discontinuance of premises, not services; the Health Board has implied power to close departments within hospitals and did not act ultra vires in discontinuing maternity services at Monaghan General Hospital.

Court Disposition

appeal dismissed

Orders

  • High Court order affirmed
  • Title of case amended to name respondent as Health Service Executive