FEARS have been raised about powers Scottish ministers could have to reduce the size of buffer zones around abortion clinics if fresh legislation is passed.
The Scottish Parliament’s health committee is currently collecting views on the Abortion Services (Safe Access Zones) (Scotland) Bill which if passed would make it an offence to protest against abortion within 200m of any facility that offers these services.
Health boards will be able to apply to extend a buffer zone beyond this distance while Scottish ministers will be able to do this of their own accord if they feel it is necessary.
However, campaigner Lucy Grieve – co-founder of pro-choice activist group Back Off Scotland – has raised concerns over a clause in the bill which additionally states that Scottish ministers can reduce the size of a safe access zone if “they consider it appropriate to do so”.
Grieve has said if a more conservative-minded government was to come to power in future years after the bill is passed, protections for those seeking abortion care could be weakened because of this.
She told The National: “We do have an issue with this clause that we are going to seek to amend.
“I understand they might need to put that [the clause] in for balance and proportionality but I think there needs to be a check on that.
“What would happen if we get a Conservative government here [in Scotland] and then a minister reduces a buffer zone? That’s a scary reality that could happen.
“It doesn’t seem right and I can’t imagine a scenario where that would happen [the need to reduce the size of a zone]. They’ve already covered if somewhere stops providing abortion, for example.
“I think it would be an issue if an anti-abortion government got into power.”
The bill outlines that the only time a buffer zone could be completely removed is if a service stops providing abortion care. In this instance, the operator must notify ministers as soon as possible of the day services stopped and the zone would cease to exist from then.
Green MSP Gillian Mackay, who brought the bill forward, has insisted ministers would not be able to reduce any buffer zone below 200m without repealing the bill, but she did clarify to The National that if a health board had had a zone extended for some reason, then ministers could reduce the size of that at their own discretion.
Grieve (below) said she was relieved to see the bill finally come to the table after three years of solid campaigning for women to be protected from harassment and intimidation outside clinics by anti-abortion demonstrators.
However, after Mackay’s initial consultation on her bill was hijacked by an anti-choice group that significantly skewed results, she added she does have worries this might happen again in the committee’s survey – which is collecting views on the specifics of the bill until December 20.
Grieve said: “It’s worrying to think that [this could happen] if these anti-abortion groups are willing to do stuff like that.
“I don’t think it would affect the end product but I just want there to be that very high level of support throughout and I’m aware that anti-abortion groups are willing to do anything.”
Alice Murray, also a co-founder of Back Off Scotland, added: “They have that funding behind them and they have that ability to do that.
“I do think it’s a lot more serious now [as well] and they know it’s a reality, there’s a bill, so it’s worrying they could put a lot of money into hijacking processes.”
Clare Haughey, convener of the committee, has said the committee always aims to consider any bill in a “careful, balanced and thorough way” and is committed to scrutinising it in detail.
The Scottish Parliament has confirmed any views that purely focus on abortion law itself and do not relate to the provisions of the bill will not be accepted.
The legislation in Scotland is set to go further than any other nation in the UK by introducing 200m protest-free zones, which Mackay insisted was important given abortion services are uniquely delivered in Scotland at multi-use sites, such as hospitals which can spread across a large area.
She said: “I think it is important we are bold. I think we also have the context of how abortion services are delivered in Scotland compared to England, Wales and Northern Ireland.
“Ours are significantly different, as its standalone clinics in the other places, so the other consideration we have to have is for people generally visiting these hospitals.
“These protesters are looking for female-presenting people between the ages of about 18 and 45 and because of that multi-use nature of these sites, you don’t know if that person is going to gynaecology or physio, or whether they are just visiting someone.
“That robustness and going that bit further is key so it protects all hospital users.
“We’ve been the last to pass this legislation in the UK but that’s meant we’ve been able to see how it’s evolved and what people have managed to get on the statute book and make it Scottish.”
The committee has split its call for views into two parts - a short survey for people who want to provide general views and comments and a structured call for evidence for people who want to provide more detailed comments.
To take part in either, click here.
