The UK Supreme Court has today upheld the ban on protests outside medical facilities providing abortion services in Northern Ireland.
Laws on buffer zones mean it will become illegal for pro-life activists to stage demonstrations within a 100m vicinity of abortion clinics. The Abortion Services (Safe Access Zones) Northern Ireland Bill was found to have no disproportionate interference with the rights of protestors, who argued it stripped them of freedom of expression, religion and assembly.
The legislation is thought to set a vital precedent for a proposed safe access zones bill in Scotland, which is currently making its way through Holyrood. MSP Gillian Mackay, who introduced the bid to Scotland, hailed the highest UK court's ruling as a 'truly historic day' for reproductive rights.
The Greens representative said: "This is a very welcome decision, and a truly historic day for reproductive rights. It will provide vital and much needed protections. Abortion rights are healthcare, and this sets a crucial precedent for the introduction of my Bill to introduce buffer zones in Scotland.
“The 12,000 responses that I received for my consultation show the strength of feeling. All over the world, anti-choice activists are trying to crackdown on abortion rights. We can’t stand still, and must always be looking to entrench and expand those rights. Nobody should be obstructed or harassed when accessing healthcare, yet, all across Scotland, people are being forced to endure a gauntlet of graphic images and abuse when accessing abortion services.
“This is totally wrong and I look forward to the day when my Bill will end such shameful scenes for good”.
The Abortion Services (Safe Access Zones) Northern Ireland Bill was referred to the Supreme Court after backlash from anti-abortion campaigners. The bid, introduced by former MLA Clare Bailey, will now proceed to become law in Northern Ireland.
Scottish campaign group Back off Scotland said it was confident today's ruling would make way for similar legislation in Scotland.
Co-founder Lucy Grieve said: "We’re absolutely delighted by today’s Supreme Court ruling and confident that this will be significant in forming as robust a bill as possible here in Scotland. This Supreme Court case was not about buffer zones as a premise - instead it was about the legal minutiae of the law passed by the Northern Ireland Assembly.
"It was solely concerned with whether the bill needs a ‘reasonable excuse’ defence clause to ensure it meets devolved nations’ human rights obligations. To put it simply, the bill states that there is no reasonable excuse for standing at a clinic entrance and trying to convince a woman not to access medical care.
"We believe this is right – this is not protest, it’s not a matter of free speech – and that it's about the ability of women to access legal, essential healthcare without fear of harassment.”
Labour MSP Monica Lennon argued that harassment outside abortion clinics in Scotland is becoming a growing problem and urged the Scottish Government to 'redouble its efforts' to make buffer zones safe.
She said: “No one should be subjected to harassment, confrontation or intimidation when accessing abortion healthcare. The Supreme Court’s ruling is not only hugely significant for Northern Ireland, it also vindicates the courageous campaigners in Scotland who have paved the way for Holyrood legislation.
“Obstructing safe access to abortion is never acceptable. Women and people accessing clinics, including the healthcare workforce, need this protection. The grassroots campaign led by Back Off Scotland has been inspirational, leading to an important member’s bill by Gillian Mackay MSP.
“The Scottish Government must redouble its efforts to smooth the way for the robust legislation needed in Scotland because we know that harassment is a real and growing problem.”
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