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  4. Bill introduced for abortion “safe access zones”

Bill introduced for abortion “safe access zones”

9th October 2023 | human rights , criminal law | Health , Criminal legal aid , Human rights

The bill to create safety buffer zones around health facilities providing abortion services has been introduced to the Scottish Parliament.

The Abortion Services (Safe Access Zones) (Scotland) Bill seeks to allow women seeking abortion healthcare, and healthcare workers, to arrive at and leave places where abortion services are provided without facing harassment by anti-abortion protesters.

Promoted by Gillian Mackay, Green MSP for Central Scotland, and supported by the Scottish Government, the bill sets a baseline distance of 200m of public space beyond the boundary of the premises themselves, in addition to the premises, as the area comprising the “safe access zones”. Within that area it would become an offence to do any act with the intention, or being reckless as to whether it has the effect, of influencing the person seeking to access the premises, or preventing or impeding their access, or causing harassment, alarm or distress to that person in relation to their decision to access the premises.

The 200m zone, which is twice that of the 100m baseline in the similar bill recently passed in Northern Ireland and upheld for legality on a reference to the UK Supreme Court, can be extended for particular premises on application if the Scottish ministers consider that it does not provide adequate protection, or reduced if they consider that appropriate.

It would also be an offence to do a prohibited act outside a protected zone that can be seen or heard by a person within that zone.

The penalty for any offence under the bill is a fine, which could be unlimited if prosecution is on indictment.

Supporters of the bill say it will prevent women seeking abortion healthcare from facing harassment or intimidation, while anti-abortion groups claim it interferes with the right to freedom of expression, and that it would for example prevent someone putting a window poster in their own home if that was within a protected area, or even criminalise silent prayer.

Ms Mackay said: “This is a milestone moment for protecting abortion rights in Scotland. We are a big step closer to delivering safe access zones and stopping the appalling harassment and abuse that we have seen.

“Nobody should be intimidated when accessing healthcare, and this bill will end the protests for good.”

Access the bill and related papers.

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