The Health, Social Care and Sport Committee has backed MSP Gillian Mackay’s Abortion Services (Safe Access Zones) Bill. SPUC has slammed the move as a betrayal of women in crisis pregnancies and an assault on human rights .

A cross-party committee of MSPs has unanimously approved buffer zones legislation that would outlaw all pro-life activity (including silent prayer) considered to “influence” women attending abortion facilities in Scotland:

“Based on the evidence, the Committee agrees with the approach taken in the Bill of focusing on the intention behind behaviours as the means of determining whether an offence has been committed rather than providing a list of specific behaviours.”

The State 1 report comes after the Committee heard opinions for and against the proposal.

In March, SPUC’s Margaret Akers implored the Committee to “consider the ramifications” of criminalising “thought and prayer”, which would be “an alarming precedent to set”.

However, the Holyrood committee concluded that the proposed law is “proportionate” despite “the restrictions the Bill imposes on those human rights as set out in Articles 8, 9, 10 and 11 of the ECHR (European Convention on Human Rights”, including the rights to freedom of thought, religion, expression and assembly.

On the matter of criminalising silent prayer outside abortion facilities, the Committee stated that it “remains unclear how the intent of those silently praying can be interpreted. It could be difficult for the police to reach a clear decision whether the law has been broken by people standing silently praying, in the absence of any other behaviour”.

The report said that “there is a difference of views within the Committee”, with some MSPs seeking “an explicit exemption from the provisions in the Bill for silent prayer, in order to avoid any criminalisation of private thoughts…

“This is an issue we expect we will need to return to at Stage 2 if the Bill proceeds to that Stage.”

“A terrifying precedent”

SPUC’s Michael Robinson, Executive Director (Public Affairs and Legal Services), said: “MSPs have closed their minds and hearts to women desperately in need of a way out of abortion. The Health, Social Care and Sport Committee has ultimately betrayed the women it alleges to protect.

“It is profoundly sad and disappointing that MSPs view abortion as the only desirable outcome for mothers in crisis pregnancies. In the view of the Committee, saving the life of an unborn baby is considered a breach of human rights.

“Such is the rush to protect abortion, Scottish politicians are willing to trample upon at least four ECHR rights and even introduce thoughtcrime to Scotland, a terrifying precedent to set. If this legislation is passed, Scotland would establish itself as the most illiberal, anti-free speech nation in the West.

“In the end, the Committee has chosen to ignore overwhelming evidence that shows buffer zones to be unnecessary as well as an unacceptable breach of the right to free speech. It is not too late for MSPs to reject the Bill for the sake of women, freedom and the right to life.”

Pro-life vigils help women

A report commissioned by the Scottish Government concluded in December that pro-life activities around abortion facilities in Scotland were “consistent with the concept of an abortion vigil, rather than a protest”. No instances of abuse or criminality were observed by researchers.

In March, a representative for Police Scotland also told the Health, Social Care and Sport Committee that no criminality had been identified at pro-life vigils outside abortion facilities.

Superintendent Gerry Corrigan said that in the event of any behaviour found to “cross a line of what would be acceptable in terms of criminality… we do have the legislation at that point to deal with that protest”.

The Committee also heard from Alina Dulgher, a mother whose child would not be alive today if it was not for a pro-life vigil outside an abortion facility.

"The day that I turned up to my abortion appointment, a volunteer outside the clinic gently gave me a leaflet… I felt it provided me with exactly what I was longing for”, she said.

“Some would say I already [chose] abortion, but the truth is I didn’t choose it. The pro-life vigil gave me the hope I was searching for Had I not received the support from volunteers, my beautiful daughter would not have been here today.”