Meeting of the Parliament 30 April 2024
If Mr Gulhane will allow me, I am just coming on to that in my speech.
I can whole-heartedly say that that is not the case, because, again, only the impact matters. If someone prays silently on their way to the hospital or, indeed, takes a few minutes to stand quietly outside, it is very unlikely that anyone would know that they are praying. Let me be clear: it is not the prayer that gives rise to the offence; it is the facts and circumstances surrounding the whole conduct that do.
As the Supreme Court recognised,
“Silent but reproachful observance of persons accessing”
an abortion clinic
“may be as effective, as a means of deterring them from”
getting an abortion
“as more boisterous demonstrations.”
Again, it is not the prayer itself but the sense of judgment that can be harmful. I repeat: prayer in itself is not an offence.
Crucially, determining whether behaviour is an offence will always be for Police Scotland and the Crown Office and Procurator Fiscal Service. Those organisations already make such assessments—for example, the threatening or abusive behaviour and stalking offences under the Criminal Justice and Licensing (Scotland) Act 2010 and the domestic abuse offence under the Domestic Abuse (Scotland) Act 2018 all require judgment on the effects of behaviour.
Finally, as drafted, the bill only creates safe access zones of 200m around 30 premises. Everywhere else, those who oppose abortion, on whatever grounds, can make that opposition known in whatever lawful manner they choose. That does not mean that the offences and that particular issue should not be scrutinised. I am genuinely grateful for the robust challenge that we have received. However, I am confident that the bill as drafted is the best way to provide the protection that women and staff need, and I am equally confident in the experience of our enforcement agencies to implement it proportionately.
Ms Mackay highlighted the subject matter as one reason why the bill is contentious, and noted that some of us in the chamber will continue to hold radically different views on abortion. Truly, we can always rely on there being radically different views across the chamber on a range of subjects. However, the bill is testament to the potential for even this divided chamber to find common cause.
I am extremely proud of the arrangement that has brought the bill to fruition. It speaks to the strength of the Parliament that a member can drive such a process, and it speaks to the power of collaboration that the Government and a member can work as one even on such a complex issue. More than that, it shows how we can unite across all party lines when we are motivated by a greater good—in this case, to protect and defend the dignity and privacy of women accessing vital healthcare and those who provide it. That unity of purpose has been clear since Ms Mackay held her first debate on the issue in 2021. Contributions from Carol Mochan, Alex Cole-Hamilton, Meghan Gallacher and others highlighted the need for action, as have meetings that I have held with Opposition members. Today, we have the opportunity to take that action.
In my first speech in the Parliament, I quoted Edwin Morgan’s poem “Open the Doors”. In my view, these words talk to the bill:
“We give you our deepest dearest wish to govern well, don’t say we have no mandate to be so bold.”
15:03