On Tuesday 28 May, MSP Gillian Mackay’s Abortion Services (Safe Access Zones) (Scotland) Bill reached the beginning of Stage 2. At this stage, the Health, Social Care and Sport Committee will consider and vote on proposed amendments to the Bill.
The Safe Access Zones Bill seeks to create an area of 200 meters around facilities that perform abortions, within which it would be a criminal offence to participate in a pro-life vigil or “influence” a woman’s decision regarding abortion. The Bill was approved at Stage 1 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.
Amendments to protect freedom of expression
Various MSPs proposed amendments ahead of Stage 2. Most notably, Jeremy Balfour MSP proposed several amendments which sought to protect freedom of expression and the right to silent prayer. Among Mr. Balfour's amendments, he included 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 sought to remove Section 5 of the Act that makes any “visible or audible” action said to be “influencing” an offence within a buffer zone.
During the debate, Mr. Balfour said of his own experience of prayer: “I do not plan what I am going to pray for but, sometimes, as a Christian, I do pray at that bus stop. I do not pray always for the same thing, but occasionally I might want to pray around the issue of abortion. The way in which the Bill is currently written, the prayer would be breaking the law. I should be prosecuted. Even though there is no outward action, even though only myself and God know what I am thinking, I would legally be breaking the law. Do we really, as a Parliament, want to be in the business of policing thought in this way?”
Following a discussion about his amendment to protect silent prayer, Mr. Balfour said he would not be moving his amendment. This means it will not be voted on and it will not be included in the final Bill.
Infringment on fundamental freedoms
Margaret Akers, Services Coordinator for SPUC, who gave evidence to the Committee at Stage 1 of this Bill, said of these proposed amendments: “Mr. Balfour had proposed common sense amendments that would have mitigated some of the most egregious elements of this incredibly problematic Bill. That his proposals to protect freedom of thought, expression, and religion were met with criticism is very troubling.
It is disappointing that these amendments will not be included in the proposed Bill; however, even if it included these amendments, the Safe Access Zones Bill represents an unacceptable infringement on fundamental freedoms.
We can only hope that, as this Bill progresses, MSPs begin to see how unnecessary and disproportionate Safe Access Zones are, and will vote down the Bill.”