Mr Balfour’s amendments include provisions to allow individual silent prayer within buffer zones, as well as “chaplaincy services at protected premises”, and any pro-life activity while such premises are closed.
Most significantly, Mr Balfour seeks to remove Section 5 of the Act that makes any “visible or audible” action said to be “influencing” an offence within a buffer zone.
Another amendment would ensure that Scottish politicians cannot modify the definition of “protected premises” to include pharmacies and GPs.
Any person charged with an offence would also be allowed the defence of expressing a “reasonable” opinion in particular circumstances, especially as it relates to Article 10 of the European Convention on Human Rights, including the expression of ideas that might offend, shock or disturb.
The prosecution must prove “beyond reasonable doubt”, therefore, that the accused was not engaging in a reasonable act.
Article 10 states that: “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority.”
MSP Gillian Mackay’s Abortion Services (Safe Access Zones) (Scotland) Bill was approved at stage one earlier this year by 123 votes to one, despite a consultation in which 77% of respondents said they opposed the introduction of buffer zones in Scotland.
SPUC Comment
A SPUC spokesperson said: “As it currently stands, Scotland’s illiberal buffer zones bill radically curtails Scottish people’s right to free speech and freedom of religion, even outlawing silent prayer – it would effectively impose thoughtcrime on all Scots.
“This shockingly totalitarian legislation must be rejected in favour of liberty, justice and common sense. MSPs have a duty to protect the rights of all Scots, including the right to offer help and advice to women in crisis pregnancies.”
