Abortion Buffer Zones "necessary" for women to avoid intimidation

Committee MSPs have unanimously agreed to the proposed Bill

The committee believes the proposals are "proportionate" to conflicting beliefs
Author: Molly TulettPublished 22nd Apr 2024

The proposed bill which would see protests near abortion clinics banned is “necessary” to stop women feeling intimidated, according to a Holyrood committee.

The Health, Social Care and Sport Committee unanimously agreed to the general principles of Scottish Green MSP Gillian Mackay’s proposed Abortion Services (Safe Access Zones) Bill.

The committee concluded in a report published on Monday that, after considering the conflicting human rights arguments relevant to the Bill, they are “proportionate” to the legislation’s aims of ensuring women can safely access healthcare.

Opponents of the Bill say the proposals threaten their freedom to express their views in public spaces, which committee MSPs acknowledged.

"Everyone should be able to access healthcare free of intimidation or harassment"

Convener Clare Haughey said: “We recognise the strong views it has generated and that not all are in favour of its introduction.

"But ultimately we believe the creation of safe access zones around abortion services is necessary to enforce the principle that everyone should be able to access healthcare free from intimidation or harassment.

"We understand there are competing human rights at play, but we have concluded this Bill strikes an appropriate balance.”

MSPs heard from doctors working at facilities offering abortion services, who raised concerns that protests outside premises could result in patients delaying or not accessing treatment, while women who had used the services reported anxiety.

"This Bill strikes an appropriate balance"

Also questioned during the evidence gathering process was why the Bill proposes a 200m safe access zone, instead of the 150m recommended by experts, with the exception of the Queen Elizabeth University Hospital in Glasgow, which might need an extended radius due to its layout.

MSPs were also brought concerns that police may find it difficult to determine whether the law has been breached by those undertaking silent prayers.

The report states committee MSPs had a "difference of views" over the issue of silent prayers, with some suggesting it should be an explicit exemption to avoid the "criminalisation of private thoughts".

Meanwhile, others said silent prayers "can still be intimidating" to those seeking abortion services. The committee therefore recommended the issue is discussed further at stage two.

Clare Haughey said: “We held extensive discussions on the issue of silent prayer and while some members felt this should be exempt from the provisions in this Bill, other members felt an exemption would fundamentally undermine its purpose and that silent prayer can be intimidating to those accessing services.”

It will now proceed through the Scottish Parliament to be voted on at stage one.

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