Abortion buffer zones: What is the law on buffer zones in Scotland? Are protests allowed?

There have been several anti-abortion protests held within buffer zones in Scotland in recent weeks, leading to one woman being arrested.

Some of the groups who have been staging the protests have vowed to hold more in the coming weeks, claiming they are not breaking any laws.

But the politicians who brought in the new laws on buffer zones say these protesters are wrong. So who is right?

Activists from the American-based anti-abortion group 40 Days For Life outside the Queen Elizabeth University Hospital in Glasgow. | John Devlin/National World

What is a buffer zone?

The Abortion Services (Safe Access Zones) Act 2024 prevents anti-abortion protests from taking place within 200m of any clinic carrying out abortions in Scotland.

It is a criminal offence within these zones to act in a way that could influence people accessing these clinics, or to behave in a way that causes alarm, harassment or distress.

This can include approaching someone to persuade them not to have an abortion, surrounding someone as they enter or leave a clinic, handing out leaflets, religious preaching and silent vigils.

What is the punishment for breaking the law?

Those breaking the law could face a fine of up to £10,000.

Last month a 74-year-old woman was arrested and charged for allegedly breaching a buffer zone on Glasgow’s Hardgate Road. This location is within the zone around the Queen Elizabeth University Hospital.

Why is there a dispute here?

Over the past few weekends, the Scottish Family Party has held anti-abortion protests within buffer zones in places like Edinburgh and Aberdeen.

Police Scotland was called to both of these protests, but the party has said these protests did not break the law as they were staged when the clinics were closed.

What do the politicians say?

The act was introduced by Green MSP Gillian Mackay. She says the buffer zones are in effect 24 hours a day, regardless of whether the clinic is open or not.

Gillian Mackay MSP | Jane Barlow/Press Association

When her Bill was being discussed at stage two by the Scottish Parliament, Conservative MSP Jeremy Balfour had proposed an amendment to introduce time limits to allow protests to take place when clinics were closed.

However, he did not move his proposals and did not bring them forward at stage three, and therefore this was not included in the Act.

Ms Mackay said: “Amendments were considered by the health, social care and sport committee at stage two, which would have had the effect of limiting the time period during which safe access zones applied and allowing protests at times when clinics were closed.

“After scrutiny from the committee, these amendments were not moved and were rightly not included in the Act.”

What does the Scottish Family Party say?

They disagree with Ms Mackay’s interpretation of the law. The party says the wording of the legislation means they can protest inside a buffer zone if a clinic is closed.

The law states anti-abortion protesters must “act with the intention of, or [be] reckless as to whether the act has the effect of, influencing the decision of another person to access, provide or facilitate the provision of abortion services at the protected premises”.

The Scottish Family Party holding an anti-abortion protest within a buffer zone outside the Chalmers Centre in Edinburgh. | Supplied

Scottish Family Party leader Richard Lucas said: “Gillian Mackay doesn’t understand her own law, which is embarrassing.

“The law is when the person being influenced is in the safe access zone for the purpose of accessing, providing or facilitating abortion services, which cannot happen when the clinic is closed. It is straightforward logic. She just does not get it.”

What does the Scottish Government say?

A Scottish Government spokeswoman told The Scotsman the buffer zones were in place and enforceable 24 hours a day.

The spokeswoman said in a statement: “Safe access zones are designed to safeguard a woman’s right to access healthcare and to dignity and respect when they need it most.

“For any particular activity to be an offence, it must, for example, be capable of influencing someone’s decision to access or provide abortion services, or impede someone’s access to such services.

“An act carried out which has an impact within the zone when a clinic is closed, but which could continue to have that impact once services are open, could give rise to an offence. However, this will always be a matter for enforcement agencies and will depend on all the facts and circumstances of the case.”

What does Police Scotland say?

Police Scotland declined to comment on this issue, despite being called to numerous protests within buffer zones in the past few weeks.

What about JD Vance’s comments?

This is not the only area of misunderstanding with the buffer zone legislation.

US Vice-President JD Vance. | Jim Watson/Getty Images

Earlier this year US Vice-President JD Vance hit the headlines after claiming people in Scotland had been told private prayer in their own homes was against the law if they lived within a buffer zone, and were being encouraged to report people who were guilty of “thought crimes”.

The legislation does not ban private prayer within homes, regardless of whether they are within a buffer zone.

The Scottish Greens had demanded First Minister John Swinney ask the White House for an official apology for the “mistruths” spoken by Mr Vance. Mr Swinney declined, saying the matter should be left to Prime Minister Sir Keir Starmer.