A Home Office minister has been obliged to admit that the Government is “unable” to say that the imposition of buffer zones in England and Wales is “presently compatible” with the European Convention on Human Rights (ECHR).
Lord Sharpe of Epsom, currently serving as Parliamentary Under-Secretary of State in the Home Office, has stated that he is “unable” to say that a provision imposing buffer zones around abortion facilities is “presently compatible with [the European] Convention [of Human] rights”, though “the Government nevertheless wishes to proceed with the Bill”.
The imposition of “buffer zones” in New Clause 11 to the Public Order Bill was recently approved by MPs by 297 votes to 110 – slammed by SPUC as an “outrageous assault on civil liberties”.
Now, Lord Sharpe’s written statement has affirmed SPUC’s position, pointing to an ECHR memorandum published by the Government assessing the compatibility of the Bill’s provisions.
While the Government is pressing ahead with buffer zones legislation, claiming that it satisfies the ECHR through “necessity and proportionality”, the ECHR memorandum suggests that buffer zones may indeed violate various ECHR articles, including the right to freedom of thought, conscience and religion (article 9), the right to freedom of expression (article 10) and the right to freedom of peaceful assembly and to freedom of association with others (article 11).
Lord Sharpe stated that: “Section 19(1) of the Human Rights Act provides a mechanism to notify Parliamentarians if a statement cannot be made that a clause is compatible with the ECHR…
“I am unable, but only because of clause 9, to make a statement that, in my view, the provisions of the Bill are presently compatible with Convention rights but the Government nevertheless wishes to proceed with the Bill.”
The Bill is currently due for Second Reading in the House of Lords on Tuesday 1 November.
“A clear breach of human rights”
SPUC’s Michael Robinson, Executive Director (Public Affairs and Legal Services), said: “Parliament has so far shown a total disregard of human rights, including the right to free speech, freedom of assembly and religious freedom, all of which are enshrined in the European Convention on Human Rights.
“As the Home Office’s memorandum admits, buffer zones ‘may interfere with individuals’ rights to freedom of thought, conscience and religion’. The imposition of buffer zones would therefore make a complete mockery of the ECHR.
“Buffer zones are a clear breach of human rights. In recent weeks, we have also seen a buffer zone imposed around an abortion facility in Bournemouth. As well as prohibiting pro-life freedom of speech, the buffer zone even banned prayer and the making of the sign of the cross, a blatant violation of article 9.
“Human rights cannot continue to be flouted in such a way. If politicians, lawmakers the courts do not desist now, there’s no knowing where the abuse of humans may eventually lead.”
Write to the Lords
SPUC is urging supporters to write to members of the House of Lords asking them to vote against Clause 9, and if necessary the whole bill. You can write to members of the House of Lords by using SPUC'c easy to use writing tool here.