Praying near abortion facilities could be made a criminal offence in the UK, Supreme Court judges have ruled.
The country’s highest court decided that abortion clinic “buffer” zones are compatible with the European Convention of Human Rights provisions on freedom of speech and expression.
The ruling means that wherever such zones are introduced it will be a criminal offence to pray, even silently, or to attempt to give advice to women visiting clinics.
Pro-life groups say it spells the introduction of the UK’s first “thought crime” and say they now fear that campaigning pro-abortion MPs will press for national legislation to impose exclusion zones around all abortion facilities.
The judges were invited to make a decision about the legality of the Abortion Services (Safe Access Zones) Northern Ireland Bill, which was introduced by former Green Party leader Clare Bailey, who has since lost her seat, in September 2021.
The Bill cleared all stages to be finally approved by the Northern Irish Assembly on March 24 but Dame Brenda King, the Attorney General for Northern Ireland, referred the legislation to the Supreme Court because she was concerned about the omission of a defence of “reasonable excuse”.
The judges found that a ban on “direct” and “indirect” pro-life “influence” within 100 metres of abortion facilities, proposed by the terms of the Bill, did not violate the right to free expression.
Jeremiah Igunnubole, legal counsel for ADF UK, a Christian human rights group, said he was disappointed by the ruling.
He said the court had failed “to protect the basic freedoms to pray or to offer help to women who may want to know about practical support available to avoid abortion”.
“Peaceful presence, mere conversation, quiet or silent prayer – these activities should never be criminalised in a democratic society like the UK,” said Igunnubole.
“The criminalisation of any kind of ‘influencing’ is vague, uncertain and reduces the threshold of criminality to an impermissibly low level.
“Northern Ireland’s broadly drafted law hands arbitrary power to police officers, with the inevitable consequence being the unjust arrest and prosecution of those expressing pro-life views, even though such views are protected under domestic and international human rights law.”
He added: “This is clearly grossly disproportionate. Nobody should be censored for simply holding pro-life beliefs.”
Until now buffer zones have been introduced by individual local authorities, with a total of five operating in different parts of the UK.
In the House of Commons, however, an amendment has already been tabled to the Public Order Bill to extend exclusion zones across the whole of England and Wales.
Clause 9 will prohibit members of the public from “influencing”, “advising”, “persuading”, “informing”, “occupying space” or even “expressing opinion” within the vicinity of an abortion facility.
The courts will have power to jail people convicted of such offences for up to two years, if the Bill goes through.
Gillian Mackay, a Green Party Member of the Scottish Parliament, intends to introduce similar legislation in Holyrood.
She tweeted: “The Supreme Court ruling today on buffer zones is historic for reproductive rights … We can now progress at pace buffer zones in Scotland.”
A 2018 government review into the work of pro-life volunteers outside of abortion facilities found that instances of harassment are rare, and police already have powers to prosecute individuals engaging in such activities.
The most common activities of pro-life groups were found to be quiet or silent prayer, or offering leaflets about charitable support available to women who would like to consider alternative options to abortion.
Alina Dulgheriu, a mother who changed her mind about abortion after an offer of help from a counsellor, said: “My experience is typical of hundreds of others.
“Refusing charitable volunteers from offering much-needed services and resources for women in my situation is wrong. Let them help.”
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