Parliament Committee backs Bill which would introduce safe access zones around abortion services

After carefully considering views from a broad cross-section of stakeholders, the Scottish Parliament’s Health, Social Care and Sport Committee has agreed to the general principles of the Abortion Services (Safe Access Zones) (Scotland) Bill.

The recommendation comes as part of the Committee’s Stage 1 report. The Committee say the evidence it has gathered has led it to conclude that the creation of safe access zones around abortion services are necessary to protect women’s rights so they can access healthcare services without experiencing harassment and undue influence. 

At the same time, the report acknowledges evidence on the potential impact the Bill will have in restricting the human rights of those who engage in anti-abortion activity outside abortion services. The Committee says it recognises the right to protest and private thought are cornerstones of a free democracy, but concludes that the restrictions on human rights imposed by the Bill are proportionate to achieving its aims.

The report highlights a difference in views amongst the Committee on the issue of silent prayer. It says it could be difficult for the police to decide whether a law has been broken by people silently praying and that this issue requires further consideration.

The Committee stress that the Bill’s implementation needs to be subject to ongoing post-legislative review to ensure that these restrictions continue to be proportionate and kept to a necessary minimum, as well as being subject to continuing parliamentary scrutiny. The Committee has made several recommendations to strengthen the Bill to ensure the provisions reflect this and said any future changes to safe access zones should be subject to additional human rights considerations.

The Committee also say it is vital that individual cases are assessed according to their particular circumstances and that how the legislation is enforced will have a critical role to play in ensuring its appropriate implementation.

Speaking on the publication of the report, Clare Haughey MSP, Convener of the Health, Social Care and Sport Committee, said: “Our Committee is united in backing the Abortion Services (Safe Access Zones) (Scotland) Bill.

“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.

“We held extensive discussions on the issue of silent prayer and while some Members felt this should be exempt from the provisions in the Bill, other Members felt an exemption would fundamentally undermine its purpose and that silent prayer can be intimidating to those accessing services. This will need further consideration if the Bill proceeds to Stage 2.

“We’d like to thank all who shared their views with us and helped inform our recommendations.”

Some of the other key conclusions in the report include:

• The Committee has concluded that, due to the very clear and narrowly defined scope of the current Bill, there is no potential for its provisions to be applied more widely to anything other than abortion services. 
• The Committee seeks further explanation as to why the default radius of safe access zones has been set at 200m when evidence suggests a radius of 150m would be sufficient for all but one protected premises currently providing abortion services in Scotland.
• The Committee say they are satisfied that the penalties in the Bill are appropriate and proportionate to achieving the aims of the Bill. 
• The Committee has called on the Scottish Government to put in place the necessary funds for Police Scotland to develop and deliver specialist training on the enforcement of offences created by the Bill, and that the financial memorandum be updated to reflect that commitment.

Read the report: 

Stage 1 report on the Abortion Services (Safe Access Zones) (Scotland) Bill