Plans revealed to introduce buffer zones for protests outside abortion clinics
A GREENS MSP proposing buffer zones around abortion centres believes her plans can “break the stalemate” between councils and the Scottish Government.
Gillian Mackay has launched a consultation on her member’s bill that would put in place 150m buffer zones around facilities that provide abortions – but has not yet won Scottish Government support.
Under the plans, safe access zones would be introduced at sites that provide abortion care where it would be unlawful to influence or attempt to influence a person from accessing, providing, or facilitating the provision of abortion care.
There would be a standard size of safe-access zone with a perimeter of 150m from the entrance to any site which provides abortion care, while a criminal offence of contravening the provisions of a safe-access zone would be established.
The MSP hopes that “interim measures” can be introduced to help protect women attending healthcare appointments before her proposals are introduced.
Similar legislation proposed in Northern Ireland has been referred to the Supreme Court amid a legal challenge – due to the law potentially curtailing the rights of protesters.
The Scottish Government, wary of the legal complexities, is yet to formally support Ms Mackay’s proposals, and has instead pointed to local councils using bylaws to introduce buffer zones – with Public Health Minister Maree Todd stressing that strategy would yield “quicker results”.
Ms Mackay said: “Abortion is healthcare and people have an absolute right to access healthcare without intimidation or harassment.
“I think for too long this has been going on. We’ve seen the frequency and the scale of these protests increasing over recent years. I think it’s essential we make sure it comes forward quickly to make sure that people are not for years on end experiencing these protests.”
Cosla, which represents Scottish councils, has previously warned that its legal advice is “unequivocal and confirms that local authorities cannot use bylaws to implement buffer zones at NHS reproductive health facilities” – putting local and national levels of government at odds over a way forward.
Ms Mackay acknowledged there were “complexities” in the stand-off between councils and the Scottish Government.
She added: “The most logical way forward is through this member’s bill to break that stalemate and make sure that people accessing these services are not put in the middle of the legal complexities.
“I’m very confident that we can produce something that is robust that would withstand legal challenge. We’re assuming that the bill in Northern Ireland will hopefully withstand that challenge as well.”
She said her bill was “the easiest way forward to make sure we can resolve” some of the complexities and that a lot of work would be ongoing in the next few weeks.