ABORTION RIGHTS SCOTLAND
ABORTION RIGHTS SCOTLAND
Model response to the consultation on Safe Access Zones
Proposal for an Abortion Services Safe Access Zones (Scotland) Bill from Gillian Mackay MSP
DEADLINE FOR RESPONSES 11.59pm THURSDAY 11th AUGUST 2022
Abortion Rights Scotland supports this proposed Bill and encourages you to make a submission, either as an individual or through an organisation. The consultation document can be found online here: https://www.parliament.scot/-/
The document explains that this is the first stage in a consultation. Following an analysis of the responses, a decision is made about bringing forward a fully drafted Bill proposal, which would then be subject to full parliamentary scrutiny and further public engagement.
Your response to this consultation can be made online through this form, https://www.smartsurvey.co.uk/
Here are some key points to consider including in your response. You do not need to answer all the questions and indicating support or otherwise is adequate, if you do not have time to write longer answers. Add in anything of your own that you feel important too. The final Question allows for an open response.
Questions 1-8 in the consultation document are for information about the person or organisation submitting the consultation response.
From Question 9 onwards ‘Your views on the proposal’
(This may show as Q8 then renumbered accordingly, if you are using the online form, but the questions are all reproduced as below for ease of reference)
Model response to the consultation on Safe Access Zones
ABORTION RIGHTS SCOTLAND
Aim and approach
9. Which of the following best expresses your view of the proposed Bill?
X FULLY SUPPORTIVE
•While buffer zones will stop anti-abortion and pro-choice activity outside health service premises, and should be supported, any legislation brought forward must be specific and stipulate that legitimate demonstrations and protests, such as trade union activity would not be impacted. The proposed Bill must be robust on this point.
•Anyone accessing the premises providing abortion services should do so without fear of intimidation and harassment.
•This problem of anti-choice demonstrations outside health services is persistent and clearly organised, with individuals travelling around Scotland to promote their ideology. While the demonstrators do have a right to express their beliefs, they should take their protests to neutral spaces or to political venues such as parliamentary buildings.
•The damage that anti-choice activity has on anyone accessing any service provided within the same premises, has been clearly evidenced https://publications.aston.ac/
10. What is your view of the proposal for safe access zones being introduced at all healthcare settings that provide abortion services throughout Scotland?
X FULLY SUPPORTIVE
•New legislation is required to ensure legal, confidential abortion (and other) services can be provided, regardless of the geographical region or location, to those who require them which excludes people who seek to harass or intimidate within the vicinity.
•This new legislation must be specific to abortion provision and should not be imposed for any other purpose.
11. What is your view of the proposal for the ‘precautionary’ approach to be used, in which a safe access zone is implemented outside every site which provides abortion services?
XFULLY SUPPORTIVE
•This law must be universally applied to all premises providing abortion services across Scotland. This will prevent campaigners being able to travel to those sites not covered by new legislation. This will ensure that all patients accessing and staff providing abortion services will have the same level of protection.
12. What is your view of the proposed standard size of a safe access zone being 150 metres around entrances to buildings which provide or house abortion services?
XNo – Believe the size should be decided based on each site
•There is a need to allow individual risk assessment on each NHS site which would meet the requirements around Health and Safety legislation and NHS Policy. To allow a full risk assessment for each site to ensure that patients and staff can approach each NHS site confident in the knowledge that there will be no impediment by anti-choice protestors. There are huge differences among the NHS facilities providing abortion services around Scotland with individual geographical locations varying. Some are on busy city centre streets with complex transport considerations, some are within complex NHS facilities, which provide a variety of in-patient and out-patient facilities. A one size fits all approach will not necessarily be the best and would not offer the options required in order to ensure the legislation is successful in every case.
•A fixed 150m distance would be large enough in some cases, for example the Queen Elizabeth University Hospital, Glasgow. The wording on any legislation should offer flexibility regarding distances, take account of all approaches within the hospital, include public transport access, car parking and visual and auditory assessments from all aspects of the buildings providing abortion services.
13. What is your view of the proposal to ban all protests including both protests in support of and those in opposition to:
A person’s decision to access abortion services (ie a woman having an abortion)?
X PARTIALLY SUPPORTIVE
•Recent anti-choice protests in Glasgow have attracted a counter protest. This led to verbal conflict, significant noise and a police presence outside the entrance to the NHS facility. It is important that all abortion related activity is prevented, but should not preclude other activity such as the presence of strikers for example. Service providers have been clear that counter protests are not appropriate.
•A complete ban on all protests may not be proportionate. There would be a need for the clear exemption of trade union activity, for example, to enable NHS employees to be able to voice their grievances and concerns within the terms of employment law during periods of industrial action.
14. What is your view of the proposal to ban all protests including both protests in support of and those in opposition to:
A person’s decision to provide abortion services (ie a doctor, nurse, or midwife)?
X PARTIALLY SUPPORTIVE
•No NHS clinician should have to face anti-choice activity outside their place of work. The ongoing intimidation of staff, who are providing essential health services, regardless of whether it is linked to abortion, is unacceptable. Recent anti-choice activists in Glasgow were wearing bodycams and video footage of NHS staff was shared on social media, which seriously invades the privacy of staff and potentially puts staff at risk of recrimination. This issue has serious health and safety implications for staff and the protection of staff should be a priority action for NHS management
15. What is your view of the proposal to ban all protests including both protests in support of and those in opposition to:
A person’s decision to facilitate provision of abortion services (ie administrative or support staff)?
X PARTIALLY SUPPORTIVE
•As for Q14 it is essential that NHS staff are protected in whatever means required to ensure they are free from the threat and intimidation of protestors outside their place of work wherever that may be. This is a health and safety issue and potentially a recruitment and retention issue
16. Which types of activity – when done for the purposes of influencing a person’s decision to access healthcare settings including abortion services – do you consider should be banned in a safe access zone? (tick as many from the list as you consider should be covered by the Bill)
X ALL OF THE ABOVE
•There are no acceptable means of attempting to influence an individual’s decision to access or provide abortion services within a safe access zone. There should be no exceptions. There have been occasions where images have been projected from a distance, as was done at the Chalmers Clinic in Edinburgh. Legislation should be explicit and implicit in ensuring the inclusion of all communication methods currently possible and potentially possible in the future
17. What is your view on the potential punishments set out in the proposal for breach of a safe access zone (see pages 15 to 16 of the consultation document)?
X NEUTRAL
•Harassment and intimidation of the individuals accessing the NHS abortion provision services must be seen as a punishable offence.
18. Do you think there are other ways in which the Bill’s aims could be achieved more effectively?
X NO
•There have been various legal deterrents implemented in England, Canada and Australia with variations of success. Legislation currently available to Scottish local authorities will merely create inequity around Scotland with some areas having local byelaws with others having none, and, would require to be renewed every 10 years.
•A nationally provided service (NHS) requires an equitable national solution to create permanent, safe access zones around any NHS health facility providing abortion services.
Financial implications
19. Any new law can have a financial impact which would affect individuals, businesses, the public sector, or others. What financial impact do you think this proposal could have if it became law?
X NO OVERALL CHANGE IN COSTS
•This legislation should, over time, have a neutral impact on budgets for the NHS, the police force and local authorities and may reduce costs through reduction in police time and improvements in the health of NHS patients and staff who are currently having to cope with the ongoing impact of protestors outside NHS facilities.
Equalities
20. Any new law can have an impact on different individuals in society, for example as a result of their age, disability, gender re-assignment, marriage and civil partnership status, pregnancy and maternity, race, religion or belief, sex or sexual orientation.
What impact could this proposal have on particular people if it became law?
X POSITIVE
•This legislation would positively impact the protected characteristics of sex, pregnancy and maternity (Equality Act 2010).
Sustainability
21. Any new law can impact on work to protect and enhance the environment, achieve a sustainable economy, and create a strong, healthy, and just society for future generations. Do you think the proposal could impact in any of these areas?
X UNSURE
Email: abortionrightsscotland@gmail.com
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