Court backs anti-protest buffer zone at abortion clinic

Campaigners lose appeal against order that forbids them from holding vigils near Marie Stopes facility

A BUFFER zone around an abortion clinic is legal the Court of Appeal has said in a landmark ruling.

Anti-abortion campaigners yesterday lost a legal challenge against a High Court ruling that had backed the country’s first protest-free zone set up by Ealing council in west London outside a Marie Stopes clinic.

Three judges said the conditions imposed by Ealing council to keep protesters 100m (328ft) away from the clinic were “justified”.

The council became the first in the country to create a buffer zone in April 2018 with a public spaces protection order following reports of “intimidation, harassment and distress” for women using the facility.

The court ruling may now encourage other councils to do the same.

Alina Dulgheriu and Andrea Orthova, who attend a vigil run by the Good Counsel Network, brought the challenge to the Court of Appeal.

It was argued on their behalf that the buffer zone interfered with their rights under the European Convention on Human Rights to freedom of expression, freedom of religion or belief and freedom of assembly and association.

Arguing for the zone, the council said some users of the clinic who had had abortions many years ago were still “significantly affected by their encounters with the activists”.

The appeal was unanimously dismissed by Sir Terence Etherton; the Master of the Rolls, Lady Justice King and Lady Justice Nicola Davies.

Julian Bell, the leader of Ealing council, said there had been a dramatic reduction in “activities having a detrimental effect” since the introduction of the buffer and called on Priti Patel, the Home Secretary, to introduce similar safe zones across the country.

Representatives for Ms Dulgheriu and Ms Orthova said they would appeal the decision to the Supreme Court.

After the decision was announced, Jeremy Corbyn, the Labour leader, said: “A woman’s right to choose, free from intimidation or harassment, must be protected.”

Sadiq Khan, the Mayor of London, said: “Whilst the right to peaceful protest must be respected, behaviour that seeks to deliberately target women for harassment and intimidation should not be tolerated.”

Richard Bentley, Marie Stopes UK’S managing director, hailed the judgment as “a victory for common sense, compassion and women’s right to make decisions about their own bodies free from harassment”.

However, he said that protection orders were not an “adequate response to what is a national problem, leaving most clinics across the country defenceless”, adding: “It is time for the Government to end the postcode lottery of harassment and legislate for safe access zones outside all registered abortion care providers in the UK.”

Clare Murphy, director of external affairs at the British Pregnancy Advisory Service (BPAS), said the ruling “confirms that buffer zones are legal, proportionate and necessary”.

In September 2018, Sajid Javid, the then home secretary, rejected calls for buffer zone legislation.

The BPAS said there have been antiabortion protests at 32 clinics and hospitals, including four new campaigns, since then, with one vigil set to last six weeks.

Ms Murphy said that it was “unrealistic” to expect individual councils, already “under immense budgetary pressure” to pursue local protection orders and urged Ms Patel to consider national legislation.