Ministers have been accused of watering down guidance around new buffer zones outside abortion clinics in England and Wales, after it emerged campaigners could still be allowed to conduct silent prayers and approach women attending clinics to discuss the issue.
New draft guidance published by the Home Office has caused alarm among people who campaigned for the 150-metre safe zones, due to be introduced in the spring.
MPs last year voted in an amendment to the Public Order Act to introduce buffer zones to stop women being harassed with leaflets, shown pictures of foetuses, or having to pass by vigils as they enter abortion clinics.
But the draft guidance, first reported by the i newspaper, still appears to leave room for some approaches to be made within the safe zones to women attending clinics. .
It says: “The term ‘influence’ is not defined in the statute and therefore takes its ordinary dictionary meaning. The government would expect ‘influence’ to require more than mere mention of abortion or the provision of information. As such, informing, discussing, or offering help, does not necessarily amount to ‘influence’.”
The guidance adds: “Prayer within a safe access zone should not automatically be seen as unlawful. Prayer has long received legal protection in the United Kingdom and these protections have not changed.
“Silent prayer, being the engagement of the mind and thought in prayer towards God, is protected as an absolute right under the Human Rights Act 1998 and should not, on its own, be considered to be an offence under any circumstances. However, where an individual is praying, but their conduct is also intrusive, this is likely to be an offence under [the amendment].”
Asked about the guidance, the prime minister’s official spokesperson said: “The government’s position is that no one should be subjected to harassment or intimidation. Police and local authorities have the powers to restrict harmful protests. Obviously, parliament expressed its will to introduce the safe abortion zone, making sure women visiting abortion services are not harassed. We’re consulting on that guidance, on how to implement this policy, making sure it achieves its aims without impacting fundamental human rights.”
However, those who campaigned for the legislation said the guidance was disappointing.
Stella Creasy, the Labour MP, said on X: “This government are hypocrites. They are using ECHR [European convention on human rights] to block bringing in abortion buffer zones this parliament voted for, whilst also trying to stop it being used to protect refugees from torture. Human rights are universal, not a shield for Sunak to be junked at will.”
Its aim with the Human Rights Act was to incorporate into UK law the rights contained in the ECHR.
Rupa Huq, the Labour MP, told the i newspaper: “It seems totally contrary to all logic that after MPs from all parties voted overwhelmingly to introduce robust legislation to stop women being impeded from exercising their right to use abortion clinics, based on successful existing ‘safe access zones’ in Australia and Canada, the statutory draft guidance put out for consultation seeks to undo all this.”
A Home Office spokesperson said: “We are consulting publicly on the non-statutory guidance on abortion clinic safe access zones. All responses will be considered ahead of the Home Office publishing the final version of the guidance.”
