Concern over lack of national action to legislate for abortion buffer zones
A COUNCILLOR who first proposed abortion clinic buffer zones in Scotland has been left “frustrated and perplexed” by the lack of action from the Scottish Government.
SNP ministers have been urged to support national legislation for buffer zones outside abortion clinics after passing responsibility onto councils to use bylaws to curb protesters, despite questions raised over whether local authorities have the powers to do so.
Nicola Sturgeon has told antiabortion activists to focus on politicians at Holyrood instead of women accessing medical services for their demonstrations and said she was “actively considering how this parliament can legislate in a way that is effective and also capable of withstanding legal challenge”.
Last week, the First Minister also stressed the Government “will support any local authority that is willing to use bylaws to establish buffer zones”.
SNP Public Health Minister Maree Todd told LBC that “councils can do this using bylaw legislation”.
She added: “If individual councils were to legislate using bylaws, it would be a quicker solution to the problem that we face.”
Ms Todd pointed to calls asking ministers to “legislate nationally”, which she claimed was “trickier”.
She added: “To legislate nationally, we would have to be absolutely 100 per cent sure that it was necessary and proportionate under the European Convention of Human Rights.”
Claire Miller, Green councillor for Edinburgh city centre, first proposed a buffer zone after protests outside the Chalmers Centre in the capital in 2018, but was told by council officers it would be a matter for police.
Ms Miller has now called on ministers to support legislation due to be brought forward in a private members’ bill by her Greens colleague, Gillian Mackay, instead of calling on councils to bring forward local action.
She said: “The advice I’ve received from experts is that we need legislation.
“This same advice has been shared with the government so I am frustrated and perplexed by their lack of action.
“I am calling for the Government to urgently enable us to create buffer zones around health clinics so that everyone can access healthcare without the risk of encountering threatening and intimidating protestors.”
Initial legal advice from Edinburgh City Council suggested that “local authorities do have the authorisation” to make an application to serve an antisocial behaviour order “to a particular individual, rather than a group of people who may be causing alarm or distress”.
The advice said: “A senior police officer would have to deem the exercise of powers to disperse or restrict public assembly to be proportionate in the circumstances.”