In answer to a question in the House of Lords, Lord Sharpe of Epsom, the Parliamentary Under-Secretary of State at the Home Office, said:
“My Lords, the Government will issue non-statutory guidance to ensure that law enforcement agencies have a clear and consistent understanding around enforcement, and that abortion service providers and protesters are clear as to what is expected under the new law. The Government will launch a public consultation on the contents of the guidance at the earliest possible opportunity, and following consultation we anticipate commencing Section 9 in the spring of 2024.”
On 18 October 22, MPs voted by 297 votes to 110 to add an amendment tabled by Stella Creasy MP introducing so-called buffer zones to the Public Order Bill. The Act was signed into law in May 2023, but Section 9, which concerns buffer zones, has not yet been put into effect.
Explaining the need for a public consultation, the Minister said: “this is new legislation on an emotive topic, and there are strong views on all sides of the debate. Determining the appropriate balance will not always be straightforward. Therefore, to make sure that the legislation can be implemented effectively— that is the point—the Government have decided to launch a public consultation on the non-statutory guidance for safe access zones.”
Highlighting some of the most egregious aspects of the measure, he went on: “The guidance is not straightforward because of the broad nature of the prohibited behaviours. For example, it is a criminal offence to intentionally or recklessly influence, which means that members of the public, the police and prosecutors will benefit from being aware of what could be criminalised within the zones.”
While Lord Sharpe was unable to give a date for the commencement of the consultation period, be assured peers that “it will start imminently—and I mean imminently”.
SPUC Will Be Responding To The Consultation
Alithea Williams, SPUC’s Public Policy Manager, said: “While buffer zones are an outrageous assault on democracy, and should never have been added to UK law, it is welcome that the Government are recognising the pitfalls of this measure. It is obviously ridiculous to make it illegal to ‘influence’ someone, and the consultation is likely to draw out the impossibility of policing it. We will of course be responding to the consultation when it is published, and encouraging supporters to do so.”
