Hansard

I open the debate by recording my sincere thanks to all those who have worked so hard on abortion clinic buffer zones, including the Back Off Scotland campaign and the British Pregnancy Advisory Service.

I thank those members who have signed the motion. I know that support for buffer zones exists across the chamber and that I am not the only MSP who has raised the issue in the Parliament. I particularly thank my colleague Maggie Chapman, who asked questions about this at the start of the session.

I want to state clearly that this is not a debate on the morality of abortion. I hope that members will put their views on abortion aside and focus on the fact that the debate is about access to healthcare, which, according to the United Nations and the World Health Organization, is a human right.

I do not want to inhibit anyone’s right to protest; the Greens would never be in favour of such a move. People who feel strongly about abortion have many opportunities and platforms to share their views, but I feel strongly that it is not appropriate to do that outside a hospital or clinic. Everyone should be able to access healthcare unimpeded and no one should face harassment or intimidation while doing so.

Protests outside hospitals and clinics are widespread. BPAS is aware of seven hospitals and clinics that are experiencing protests, including Forth Valley Royal hospital in my region. Seventy per cent of women of reproductive age live in a health board area that has hospitals or clinics that have been targeted by anti-choice groups in the past five years.

It is not just people who are accessing abortions who are impacted. Anyone who accesses healthcare at premises that deliver abortions can be targeted. I will read out a few examples provided by BPAS of people who have been affected by demonstrators and protests. Here is testimony from someone who visited the Chalmers centre in 2021:

“I was a victim of sexual assault and had to book an appointment with Chalmers. Already blaming myself and terrified to tell anyone, I was 17 and completely by myself. A small group of individuals, mostly male, were standing on the other side of the road. I was repeatedly called out to by one of the men, and when I glared at him and ignored him, he called me a teenage murderer. I have never been pregnant. I have never had an abortion. I have never even used contraceptive medication, but they tried to publicly humiliate me for it. I felt threatened and terrified at a time when I needed protection and comfort.”

I have another example from the Royal infirmary in Edinburgh.

“I felt incredibly angry. At the time, I was pregnant with my second child. On attempting to engage with them, one of the group marched over to me and was extremely aggressive. He screamed in my face several times. He told me that I was going to get cancer. I had disclosed that I had had an abortion between pregnancies.”

No one should have to face such appalling treatment while accessing healthcare. Implementing 150m buffer zones around abortion clinics would allow women and people who are pregnant to access the care that they need without fear of harassment. It would allow them to enter and leave the abortion clinic without being seen or having to interact with protesters, affording them their right to privacy. Not affording people that right can prevent them from seeking the help that they need.

During lockdown, access to healthcare was reduced as resources were targeted at tackling Covid and fears about patient safety meant that people were discouraged from seeking treatment. It seems fair to assume that lockdown might have prevented some people from accessing abortions. As our health services recover, we should be encouraging those who need reproductive healthcare to access it. There is a risk, however, that faced with the distressing experience of encountering a protest when visiting a clinic or hospital, some will simply not go.

Polls have shown that the public is in favour of buffer zones. A poll conducted this year by the Scottish humanists showed that 82 per cent of Scots want to end targeted harassment outside abortion clinics. Buffer zones have also been successfully implemented in other countries. They are already in place in the Isle of Man, Canada, Australia, some local authorities in England, and in the USA.

My fellow Green politician Clare Bailey MLA is currently taking her Abortion Services (Safe Access Zones) Bill through Stormont. Scotland is behind on this issue. In England, Sister Supporter successfully campaigned for a public space protection order around the local Marie Stopes clinic in Ealing, London. That was implemented in 2018, and now the space outside the clinic is a harassment-free safe zone. The decision on that was subject to legal appeal in 2019, but it was dismissed by three Court of Appeal judges. There is therefore a legal precedent in the United Kingdom.

I am aware that there have been discussions about buffer zones being implemented by local authorities in Scotland. In February, the City of Edinburgh Council voted in favour of a motion to enact 150m buffer zones around abortion clinics citywide, following a 4,700-strong petition by Back Off Scotland, while Glasgow City Council has debated the issue of anti-choice harassment outside local hospitals. However, Scottish local authorities have stated that they do not have the ability to introduce buffer zones under the current law and progress appears to have been halted.

I believe that there is a risk that leaving it to local authorities to implement buffer zones could result in a postcode lottery, whereby some women are able to access abortion services without fear of harassment but others are not. I believe that a national approach is required. Therefore, I am very pleased to announce my intention to introduce a member’s bill on buffer zones around abortion clinics. I will be honoured to introduce such important legislation, and I intend to consult a wide range of individuals and groups to hear their thoughts on the proposal.

I want to make it clear that it is not my intention to target national health service workers who may want to picket outside healthcare premises. I am keen to engage with trade unions on the issue to minimise any unintended consequences.

I again thank everyone who has tirelessly campaigned for buffer zones. We would not have reached this point without them. I look forward to working with them and with members across the chamber to ensure that women can access abortions while being afforded the safety and dignity that they are entitled to.