Meeting of the Parliament 30 April 2024
I draw members’ attention to my entry in the register of members’ interests as I am a practising national health service general practitioner.
It is important to stress the fact that we are not considering whether abortion services should be legal, nor are we proposing to change Scotland’s abortion law. We are talking about women’s access to healthcare. As a male doctor, I will obviously never undergo an abortion. Abortion services cater primarily to women’s reproductive health needs, and I cannot overstate the importance of respecting women’s autonomy and prioritising women’s access to safe and confidential care. That means that we should ensure that women can receive the medical care that they require without facing barriers such as harassment outside clinics.
In terms of general principles, to protect women from intimidation and potential emotional distress caused by protesters outside these facilities, I support the principle of the buffer zones. By safeguarding access to abortion services, we are upholding women’s reproductive rights and ensuring that women can make informed decisions about their healthcare without undue interference or pressure.
It is well documented why Parliament is considering the legislation—that is evident simply from hearing members’ comments today. Protests can intimidate women seeking a whole range of services at such clinics, many of which provide sexual health support, HIV testing and contraception. Protests impact our NHS staff working in the centres, who are forced to pass what amounts to an accusatory picket line at the start and end of each working day.
We have heard arguments that safe access zones would impinge on the right to freedom of speech or freedom to protest. For sure, people might have personally held views, but that does not mean that they have a right in every case to deprive others of their rights. That said, I defend the right of patient groups to demonstrate peacefully outside a hospital—for example, on the closure of services or if there were patient safety issues, such as in the case of NHS Tayside’s Professor Eljamel. I would also not seek to restrict the right of trade unions to protest. However, given that, during evidence at the Health, Social Care and Sport Committee, the police told us that that might happen as an unintended consequence, I seek reassurance that that is clear in the bill.
Protecting the privacy and wellbeing of women accessing abortion services is at the heart of the proposed legislation. However, I do not think that the bill is quite ready. The proposed 200m safe access zones outside 30 hospitals and clinics across Scotland should deal with the real problem of harassment and intimidation, but we need to ensure that the bill is workable and avoids unintended consequences.
Take prayer vigils. Are we asking the police to determine whether the law is breached by a bystander who might be engaged in silent prayer? Are we criminalising thought? We must be clear how we police this, given that, during evidence at the committee, the police were clear that they would not ask somebody why they were at a buffer zone, and they clearly said that they were not the thought police.
We need to consider residential and business premises and places of worship that are within 200m of a clinic. No one is penalised for displaying in their window a flag or a poster of their favourite football team or political party, even if some people find that antagonistic. So, where is the line?
I am primarily concerned with defending women’s rights to safe healthcare and with protecting NHS staff. That is why I support the principles of the bill. However, as we take the bill forward, let us work together on the details so that we deliver good law.
15:37