This week, the Abortion Services (Safe Access Zones) Act becomes law in Scotland. It marks a milestone in protecting women’s rights to healthcare and abortion and I am delighted to see months of hard work come to fruition.
Firstly, I want to thank Gillian Mackay for all her determination and hard work in progressing the Act and I am eternally grateful to all the women and staff and others as well as groups such as Back Off Scotland and the British Pregnancy Advisory Service, whose contributions have brought us to this point.
I would like especially to recognise the women who showed incredible courage in speaking up and sharing their experiences during the Bill process – their voices were absolutely invaluable in our work to progress and pass the Act with cross-party support.
I know that all across Parliament and society, differing views on abortion are held. However, this law is not about abortion itself – it is about protecting the right for women to be able to access and staff to provide healthcare without facing any unwanted influence, harassment, or distress.
From tomorrow, within the safe access zones, it will be a criminal offence to behave in ways that could influencex, intentionally or recklessly, the decisions of women and staff to access services, impede their access or otherwise cause alarm, harassment or distress.
Police Scotland will be responsible for enforcing Safe Access Zones. People who break the law can be fined up to £10,000, or be given an unlimited fine, depending on the court procedure.
Whether an offence has been committed will ultimately be a matter for those independent of Government – Police Scotland, the Crown Office and Procurator Fiscal Service and the Courts – to determine.
However, depending on the facts and circumstances, some examples may be – approaching someone to try and persuade them not to access abortion services, surrounding people as they try to go in or out of the clinic or hospital, handing out leaflets, religious preaching and silent vigils.
The Act is not an attempt to restrict the freedom of speech or the right to religious expression, but to safeguard public health and protect the right of women to access healthcare without obstruction. We recognise the important role prayer plays for many and the right to express and hold religious views.
The new offences do not prohibit specific behaviours in a safe access zone – prayer, silent or otherwise, is not of itself an offence but whether an offence has been committed will depend on all the facts and circumstances in every case.
This law is about protection – protection for women at a time when many will feel vulnerable. I hope the new offences will send a clear message that women’s personal choices and access to the healthcare that they are entitled to are not up for public debate.
No one has the right to interfere in women’s personal medical decisions. The impact and reach of this legislation cannot be understated. I am extremely proud of the work done to bring this legislation forward.
It speaks to the strength of our democratic institutions that an MSP who is not in Government can drive this process on such a complex issue.
More than that, it shows how we can find consensus across the Scottish Parliament when we are motivated by improving access to healthcare — in this case, to protect and defend the dignity and privacy of women accessing vital healthcare, and those who provide it.
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