Scottish abortion staff scared to go to work 'should chill everybody'

Gillian Mackay, who is spearheading the Abortion Services (Safe Access Zones) (Scotland) Bill, has said testimonies given to the Scottish Parliament’s health committee over the past fortnight  have reminded her why prohibiting these protests outside abortion clinics is so crucial.

The bill - if passed - will make it illegal for people to protest against abortion within 200m of the vicinity of an abortion provider.

The National launched its Give Us Space campaign last year to urge politicians to back the legislation. 

In taking evidence as the bill goes through Stage 1 of its passage, the committee has heard from those with lived experience of facing anti-choice demonstrations, staff working in abortion and sexual health services, and those who would be responsible for enforcing buffer zones.

Last week, Professor Sharon Cameron, a consultant gynaecologist and sexual and reproductive health expert at the Chalmers Centre in Edinburgh, told MSPs some staff had become frightened of coming to work because of protests while others feel undervalued.

She detailed how images of foetuses have even been projected onto the Chalmers building at night.

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“It’s caused a chill in staff," she said. “Abortion care is already a stigmatised area - there’s good evidence staff who work in abortion services may not tell family and friends about what they do and this is adding to that and adding to staff feeling that their role is undervalued.”

Mackay said the powerful evidence has clarified to her why it is vital this legislation is passed by MSPs.

“It should really put chills through everybody that we have people delivering healthcare in the country who are frightened to go to work because of actions outside of it,” said the Green MSP.

Even when well-meaning counter-protesters turn up, Cameron said it can feel like staff are “working with a circus outside”.

She also expressed concern about patients being discouraged to attend other sexual health services in the building, and Mackay insisted this has driven home how important the bill could be for protecting access to all healthcare.  

She said: “With places like Chalmers, there are so many services that are so heavily stigmatised in that one building – HIV testing, rape counselling, as well as abortion services.

“You already have the difficulty of people presenting to those services and that additional barrier being placed outside is a difficult thing to hear for a committee that is constantly asking clinicians about how we make access better.”

Silent prayer

ELSEWHERE in the evidence sessions so far, the issue of silent prayer and how to police it in a buffer zone has come up multiple times.

But Mackay said the approach of making the bill about people’s intent rather than providing an endless list of prohibited behaviours should ensure the practice is punishable outside abortion services.

She said: “The reality is that the people who claim silent prayer make it very obvious what they are trying to do. It is all about that intent.

“One of the dangers we have is rather than focusing on getting the bill to cover as many things as possible without overstepping the mark and remaining proportionate, we get a bit bogged down in ifs, buts and maybe scenarios which ultimately will be up to the police to deal with if and when these things happen.

“I think silent prayer is adequately and proportionally covered. I think people will think about lots of situations that could arise, and challenging us on them is useful. But I think we’ve got to a place that straddles that line enough and I’m open to engaging with Police Scotland going forward.”

Futureproofing the bill

QUESTIONS have been raised about how the bill will continue to protect places that may provide abortion care in the future, such as GP practices or pharmacies.

Mackay has said she feels there are sufficient protections in the legislation to ensure any new services that come online will be able to implement a buffer zone.

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“There is a power in there for ministers to be able to designate other places and the automatic designation is linked to services that are provided under the Abortion Act, so if GP services were to be designated as abortion providers under the act in the future, they would be captured under the definition of protected sites in the bill,” she said.

Private properties

A FEW MSPs have raised concerns about private properties which would fall within a buffer zone and whether activities within those can be banned.

It’s impossible to police conversations within a private home about abortion care, but the legislation would prohibit an act “that is capable of being seen or heard by another person who is within the safe access zone” which could influence or impede a person attending the protected service or cause them alarm or distress.

This means that, for example, a person using a megaphone to shout anti-abortion messages over their garden wall could be fined under the law.

Mackay said: “If you are using your home to try and influence people within the zone, that is where you fall foul of the legislation. You could see a situation where an organisation buys property within a safe access zone and uses it to put a banner on the roof to try and undermine the effect. That’s where this protection needs to be there, otherwise the bill can be undermined.”

Opponents of the bill

MACKAY said the next evidence session on Tuesday could be the most “heated” of all with opponents of the bill and faith groups set to share their perspectives with MSPs.

She said: “I don’t think it’s going to be easy for the committee. There may be a variety of misinterpretations and I think it could be the most interesting session. It has the potential to be more heated than what we’ve seen so far.

“It’s been very measured so far, but I don’t know if next week will be the same.”