The Scottish Parliament has moved a step closer to sanctioning the “world’s most extreme buffer zone law” that could criminalise “private thoughts”, while acknowledging the difficulties in policing the law, especially when it comes to silent prayer.
The proposed “safe access zone” that the law would establish includes not only the facility – usually a hospital or clinic – in which abortions are performed, but also land within 200 meters of the edge of the protected premises. The proposed law says the 200 meters may be extended by the Scottish government following an application by the relevant Health Board or health provider.
The Scottish Parliament’s Health, Social Care and Sport Committee has been gathering evidence from individuals and organisations regarding the proposal to establish buffer zones, including Superintendent Gerry Corrigan of Police Scotland, reportsCrux.
When it comes to the issue of silent prayer occurring, the report states that the committee undertook extensive discussion on the issue but “remains unclear how the intent of those silently praying can be interpreted”.
The committee admits that “it could be difficult for the police to reach a clear decision whether the law has been broken by people standing silently praying, in the absence of any other behaviour”.
The case of Isabel Vaughan-Spruce, a Catholic who was arrested twice in 10 months for praying silently near a Birmingham abortion clinic, brought the issue of laws mandating so-called buffer zones versus silent prayer and freedom of conscience to a head in England.
In his evidence on the possibility of policing “thought”, Superintendent Corrigan told the committee that the police could not “go down the road of asking people what they are thinking or what their thoughts are,” saying that it makes him feel “really uncomfortable”.
The Committee report stated that while “it recognises the right to protest and private thought as a cornerstone of a free democracy…given the clear scope of the current bill, the committee is assured that any extension of ‘safe access zones’ or similar prohibition of vigils or protests would require additional and separate primary legislation and the scrutiny and proportionality assessments that accompany it.”
The report continues: “It would also be helpful to clarify which people or bodies are responsible for collecting ongoing evidence about the impact of safe access zones on both people accessing abortion services and those engaged in protests and vigils. The Committee agrees with the definition of ‘protected premises’ as set out in the Bill.”
Spokesperson for Right To Life UK, Catherine Robinson, said if the bill becomes law, an extreme buffer zone law will be introduced in Scotland.
“This legislation goes further than any buffer zone legislation in any other jurisdictions, creating a larger buffer zone than anywhere else in the world and giving the Scottish Government powers to extend these zones without limit,” she said.
“Many women have been helped outside abortion clinics by pro-life volunteers who have provided them with practical support, which made it clear to them that they had another option other than going through with the abortion,” Robinson said.
“The proposed law change would mean that the vital practical support provided by volunteers outside abortion clinics will be removed for women and many more lives would likely be lost to abortion,” she continued.
“This is a truly draconian piece of legislation that reaches into the homes of ordinary people. It creates an offence for being publicly pro-life. It is direct viewpoint discrimination,” Robinson added.
Scotland recently introduced a new Hate Crime and Public Order Act designed to eradicate prejudice against groups who have historically suffered discrimination. The new law, which came into force on 1 April 2024, has been criticised for creating a new set of crimes that trespass on the freedoms of thought, belief and religion.
As a result of the new “hate” law, statements relating to age, disability, religion, sexual orientation or gender deemed to “stir up hatred” can now get you a prison sentence of up to seven years, even if they’re made in the privacy of your own home.
The Scottish Parliament’s Health, Social Care and Sport Committee’s report will now be shared for a debate and vote in the Scottish Parliament scheduled to take place April 30.
Photo: Members of the public walk past a hate crime billboard in Glasgow, Scotland, 10 April 2024. More than 7,000 hate crime complaints were made in the first week of the contested new law coming into force on 1 April, Police Scotland announced, many made anonymously. The Hate Crime and Public Order (Scotland) Act criminalises ‘threatening or abusive behaviour’ intended to stir up hatred against someone’s identity. It extends protection to groups including religion, age, disability, sexual orientation, and transgender identity, applying in people’s private homes and online. (Photo by Jeff J Mitchell/Getty Images.)
Areas of Catholic Herald business are still recovering post-pandemic.
However, we are reaching out to the Catholic community and readership, that has been so loyal to the Catholic Herald. Please join us on our 135 year mission by supporting us.
We are raising £250,000 to safeguard the Herald as a world-leading voice in Catholic journalism and teaching.
We have been a bold and influential voice in the church since 1888, standing up for traditional Catholic culture and values. Please consider donating.