Professional Regulation – Bias:

Ó Ceallaigh v An Bord Altrainais [2011] IESC 50: In December 2011, the Supreme Court unanimously dismissed an appeal by a domiciliary midwife from a High Court decision refusing to restrain the continuation of a professional misconduct hearing on the ground of objective bias.

The High Court had found that there was insufficient evidence of objective bias in circumstances here.  All that was adduced in this regard was that, during the professional misconduct hearing, it emerged that the chairperson of the tribunal worked at the same hospital as the principal expert witness who was giving evidence in support of the allegations of misconduct.  It had been submitted on behalf of the domiciliary midwife that a reasonable person, knowing the respective roles of the chairperson and the expert witness, would have a reasonable apprehension that the chairperson would not be able to find in favour of opinions that were in conflict with the opinions of the expert witness.