NORTHERN Ireland’s bid to introduce “safe access zones” around clinics providing abortion services is legal and within competence, the UK’s Supreme Court has ruled.
The decision will be watched keenly in Scotland, where Green MSP Gillian Mackay is seeking to see similar “buffer zones” – areas in which anti-abortion protests are banned – set up around sexual health centres.
READ MORE: Supreme Court poses threat to abortion clinic buffer zones, says Green MSP
The focus of the ruling is on clause 5(2)(a) of the Northern Irish bill, which makes it a criminal offence “to do an act in a safe access zone with the intent of, or reckless as to whether it has the effect of … influencing a protected person, whether directly or indirectly”. Staff and patients at abortion clinics are covered by this “protected person” definition.
The bill was passed before the Stormont Assembly dissolved at the end of March.
Robert Reed (below), the Supreme Court’s president, has ruled that such exclusionary zones do not breach the European Convention on Human Rights, and that setting them up is within Stormont’s legislative power.
In a statement, the court said: “The Supreme Court unanimously holds that clause 5(2)(a) of the bill is compatible with the convention rights of those who seek to express their opposition to the provision of abortion treatment services in Northern Ireland.
“Accordingly, clause 5(2)(a) is within the legislative competence of the Assembly. Lord Reed gives the judgment, with which all the other members of the court agree.”
Central Scotland MSP Mackay previously told The National she was in no doubt that the Scottish version of the bill will also get taken to court if it’s passed.
READ MORE: Back Off Scotland call for buffer zones as anti-abortion protesters gather in Glasgow
She said: "We know our one is going to be challenged, someone is going to take it to court, so it’s about making it withstand that."
Speaking after the Supreme Court's ruling on Wednesday, Mackay said it set a vital precedent for her own bill at Holyrood.
She 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 Supreme Court's ruling can be found here.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel