Scottish Parliament Votes in Favor of Abortion Buffer Zone Legislation

June 13, 2024 TruthUSA

The legislation will make it an offence to prevent access, cause harassment, or try to influence the decision of another person seeking an abortion.

The Scottish Parliament (MSPs) has approved a bill to establish buffer zones around abortion clinics to prevent vigils, protests, and other pro-life activities nearby.

With a vote of 118 to one, MSPs supported the Abortion Services (Safe Access Zones) (Scotland) Bill on Wednesday. The legislation, proposed by Scottish Green MSP Gillian Mackay, will create 200-meter zones around approximately 30 sites across Scotland.

Once it becomes law, it will be an offence for individuals to obstruct, harass, or try to influence individuals accessing, providing, or supporting abortion services at these locations.

Ms. Mackay emphasized that the bill is aimed at preserving women’s access to healthcare.

She stated, “Today’s vote ensures that no woman should ever feel stripped of her dignity, privacy, or emotions when deciding to have an abortion.”

Ms. Mackay added, “It upholds her right to choose without fear or intimidation. A woman’s autonomy over her own body is her own business, and that message is clear across Scotland tonight.”

‘Dark Day’ for Scotland

Following the bill’s passage, the Society for the Protection of Unborn Children (SPUC) criticized it as a “dark day” for Scotland, warning that it would restrict free speech and introduce “thought crime” to the country.

Concerns Over Silent Prayer

The issue of silent prayer near abortion providers was a point of discussion during the bill’s debate and scrutiny, with some MSPs and witnesses expressing worries about the potential criminalization of this activity.

In May 28, Conservative MSP Jeremy Balfour questioned whether the bill would lead to parliament “policing thought,” raising concerns about infringing on religious freedom.

Ms. Mackay clarified that the legislation doesn’t criminalize silent prayer or thoughts but the impact of one’s actions on others.

Pro-life groups demonstrate outside the Houses of Parliament, to protest against attempts to amend the Criminal Justice Bill to decriminalise abortion in Westminster, London, on May 15, 2024. (Lucy North/PA Wire)

The Green MSP explained, “If someone is silently praying and their conduct doesn’t impact women or clinic staff as intended by the bill, it’s unlikely they are committing an offence.”

She noted, “However, if someone stands silently praying for an extended period, observes women entering an abortion clinic, or displays a sign, they could potentially commit an offence.”

According to Ms. Mackay, the issue lies not in the act of prayer but in the perceived judgment.

Arrested for Silent Prayer

The bill aligns Scotland with the rest of the UK, following a similar law passed in Northern Ireland in 2023, known as the Abortion Services (Safe Access Zones) Act (Northern Ireland).

Legislation pertaining to interference with abortion clinic access in England and Wales falls under the Public Order Act 2023. However, guidance on implementing these buffer zones has not been released yet, with the Home Office indicating that they will be published after the July 4 General Election.

Local authorities can enact Public Space Protection Orders (PSPOs) around abortion clinics, using provisions in the Anti-Social Behaviour, Crime, and Policing Act 2014. These measures have been utilized to prosecute individuals involved in pro-life activities.

Pro-life campaigner Isabel Vaughan-Spruce in an undated file photo. (Courtesy of ADF UK)

In December 2022, Isabel Vaughan-Spruce, leader of the pro-life group 40 Days for Life Birmingham, was arrested and charged with four counts for breaching a PSPO outside a Birmingham abortion clinic, after indicating to police that she “might” be silently praying.

The legal group supporting Ms. Vaughan-Spruce, ADF UK, described the expansion of buffer zone legislation and orders as a crucial juncture in the country.

Jeremiah Igunnubole, legal counsel for ADF UK, remarked, “We must question whether we are genuinely a democratic nation committed to upholding the peaceful exercise of freedom of speech. We are in danger of passively advancing toward a society that condones, normalizes, and even advocates the ‘tyranny of the majority.’

Arrested for Silent Prayer

The bill brings Scotland into line with the rest of the UK, where a similar law was passed by the devolved government in Northern Ireland in 2023, called the Abortion Services (Safe Access Zones) Act (Northern Ireland).

Legislation on “interfering” with access to abortion clinics in England and Wales is covered under the Public Order Act 2023; however, guidance on how these buffer zones would work has not been published, with the Home Office saying they will not be released until after the July 4 General Election.

Local authorities can introduce Public Space Protection Orders (PSPOs), a tool available under the Anti-Social Behaviour, Crime, and Policing Act 2014, around abortion clinics. The measures have been used to prosecute people engaged in pro-life activities.

In December 2022, Isabel Vaughan-Spruce, the leader of the pro-life group 40 Days for Life Birmingham, was arrested and charged on four counts with breaching a PSPO outside a Birmingham abortion clinic after telling police she “might” be praying silently in her head.

The legal organisation supporting Ms. Vaughan-Spruce, ADF UK, said at the time that the increase in buffer zone legislation and orders “is a watershed moment in our country.”

Jeremiah Igunnubole, legal counsel for ADF UK, continued: “We must ask ourselves whether we are a genuinely democratic country committed to protecting the peaceful exercise of the right to freedom of speech. We are at serious risk of mindlessly sleepwalking into a society that accepts, normalizes, and even promotes the ’tyranny of the majority.’”

In February 2023, the charges against Ms. Vaughan-Spruce were dropped.

PA Media contributed to this report.

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