SAFE access zones are now in force in Scotland, banning people from protesting against abortion outside clinics or hospitals offering the service.
Gillian Mackay – the MSP who spearheaded the legislation – has hailed it as a “crucial moment for reproductive rights” as women will now be protected against harassment and intimidation from demonstrators when accessing abortion care.
MSPs overwhelmingly passed a law earlier this year after concerns mounted around huge protests being held at places such as the Queen Elizabeth University Hospital in Glasgow.
Here is a rundown of what you need to know about the new law:
What are safe access zones?
More commonly called buffer zones, safe access zones are areas in which certain activities are banned around clinics to ensure those accessing services do not feel alarmed, pressurised or under attack.
In Scotland, the zone will cover the hospital or clinic where the services are provided, the public area of any grounds of the hospital or clinic, and any public areas within 200m of the boundary of the grounds.
The size of the zone can be increased or reduced if necessary.
What behaviours are banned?
There is no list of specific behaviours that are banned inside a safe access zone.
This was done deliberately when drawing up the legislation to ensure there were not loopholes that could be exploited.
However, an activity is prohibited if it intends to, or is reckless as to whether it will:
- influence someone’s decision to access, provide or facilitate the provision of abortion services
- prevent or impede another person from accessing, providing or facilitating the provision of abortion services, or
- cause harassment, alarm or distress to another person relating to their decision to access, provide or facilitate the provision of abortion services, where in each case the other person is in the safe access zone
Examples of such behaviour may include, but are not limited to:
- approaching someone to try and persuade them not to access abortion services
- surrounding people as they try to go in or out of the clinic or hospital
- handing out leaflets
- religious preaching
- silent vigils
What happens if you breach a zone?
People who break the law can be fined up to £10,000, or be given an unlimited fine, depending on the court procedure, according to the Scottish Government.
Police Scotland will be responsible for enforcing Safe Access Zones and if you see anyone breaking the law, you can report it to police.
Where are the zones?
A total of 30 sites offering abortion services will now have a safe access zone attached to them.
A full list of the services protected in your health board area is available here.
Private properties
You might be wondering whether the law covers private properties that fall within a zone.
Generally, the offences apply in public places within the zones. However, if someone does something in a private place within the boundary of a zone that can be seen or heard in public places that are part of a zone, an offence could be committed if it is done with the intention of, or is reckless as to the whether it has the effect of:
- influencing someone’s decision to access, provide or facilitate the provision of abortion service
- preventing or impeding someone from accessing, providing, or facilitating the provision of abortion services, or
- causing harassment, alarm or distress to someone relating to their decision to access, provide or facilitate the provision of abortion services, where in each case the other person is in the safe access zone
