Meeting of the Parliament (Hybrid) 04 November 2021
I am aware of that concern, which was raised with me at the meeting in September.
The former Minister for Public Health, Sport and Wellbeing, Joe FitzPatrick, wrote to all local authority chief executives in May 2019 to make them aware of the option of using byelaw powers when appropriate, but I am aware that some local authorities have taken a different view. I will seek to discuss the issue further with them, the Convention of Scottish Local Authorities and other stakeholders, because I am determined to find a way forward so that we can limit the impacts of protests or vigils on women who are accessing services. I assure Meghan Gallacher that officials have been in discussion with COSLA and local authorities for some time on the issue, and that I hope to continue that dialogue.
It is worth noting that the restrictions that the motion refers to that are in place in England are also local rather than national. The small number of abortion clinic buffer zones in England have been put in place by local authorities using public spaces protection orders. Those are similar to our byelaws in that they can be made where local circumstances justify such a measure. The United Kingdom Government carried out a review of the issue in 2017 for England and Wales and concluded that the local approach remained appropriate.