Buffer zones Scotland: New law to restrict anti-choice protests explained

A new law to introduce no-protest “buffer zones” around healthcare facilities has been lodged with the Scottish Parliament

A Bill to counter anti-abortion protests outside of healthcare facilities has been lodged with the Scottish Parliament, after “years of hard work” – but what does the legislation mean for pro-life demonstrators and how will it be enforced?

The Abortion Services (Safe Access Zones) (Scotland) Bill, lodged by Scottish Green MSP Gillian Mackay, will create the status of “protected premises” for buildings and places at which abortion services are provided, and establishes a “safe access zone” for each of the protected premises.

A second wave of daily anti-abortion protests by the Christian fundamentalist network ‘40 Days for Life’ is now underway, prompting outcry from Scottish groups, who accuse the pro-life protesters of intimidating women and spreading misinformation.

Members of the 40 Days For Life group hold a vigil as women head for appointments.

The protesters hold placards featuring images of in utero foetuses, join in silent prayer and light lanterns along the road to Glasgow’s Sandy sexual health clinic, and outside of the Queen Elizabeth University Hospital.

The 40 Days for Life campaign takes place twice a year, first during the Christian season of Lent – starting on Ash Wednesday and ending on Palm Sunday – and then from the fourth Wednesday of September.

However, the group has been accused of harassing women and chanting at them as they try to access healthcare, and has ultimately led to the campaign to introduce buffer zones around healthcare clinics.

The new Bill would make it an offence “to do anything that intentionally or recklessly influences another person’s decision to access abortion services at a protected premises”, or to “intentionally or recklessly causes harassment, alarm or distress” in relation to accessing healthcare.

The legislation would stop anti-choice protests from taking place within 200m of medical facilities.

This would be the highest minimum limit anywhere in the UK and would apply to the limits of the site. However, it also includes extension powers that allow health boards or ministers to apply to have the size of a zone extended.

The Bill would allow for an unlimited maximum fine for people who breach the zone.

British Pregnancy Advisory Service (BPAS) chief of staff Rachael Clarke said: “We’re delighted that after years of hard work behind the scenes, the cross-party Abortion Services Safe Access Zones (Scotland) Bill has formally been introduced and today started its passage through the Scottish Parliament.

“BPAS has been fighting for this law for nearly a decade. We know first-hand from our own clinics how damaging the presence of anti-abortion groups are to both staff and service users. Nobody deserves to experience this kind of fear, shame, and distress when accessing legal and essential healthcare services.

“This Bill will put a stop to the harassment and intimidation endured for far too long and, with the support of the Scottish Government, is a strong message to Whitehall to finally implement the buffer zones that Westminster put into law over five months ago.”

A spokesperson for Right To Life UK described the legislation as "draconian”.

“If this bill becomes law, the world’s most extreme buffer zone law will be introduced in Scotland.

"This legislation goes further than any buffer zone legislation in other jurisdictions, creating a larger buffer zone than anywhere else in the world and giving the Scottish Government powers to extend these zones without limit.

"This is a truly draconian piece of legislation that reaches into the homes of ordinary people."