Buffer Zone law comes into force in Scotland

A new law which makes it illegal to pray in parts of Scotland is now in force, writes the Catholic Parliamentary Office.

The Abortion Services (Safe Access Zones) (Scotland) Act 2024 establishes zones around hospitals and other facilities where abortions are carried out, currently there are 30.

The zones are comprised of the hospital or clinic, the public area of any grounds of the hospital or clinic, and any public areas within 200m of the boundary of the ground.

The law

The law prohibits conduct which seeks to influence the decision of a person regarding accessing, providing, or facilitating abortion services, or which prevents or impedes a person from accessing, providing or facilitating abortion services.

This will mean that women experiencing a crisis pregnancy may be denied the opportunity to freely speak to people and organisations who may be able to help them.

The new law also criminalises causing harassment, alarm or distress to a person accessing abortion services.

The Catholic Bishops’ Conference of Scotland has repeatedly condemned all harassment and intimidation of people, including those attending hospitals and other medical facilities.

The Conference has also pointed out that laws are already in place to protect people from such unacceptable behaviour, and it is significant that, in written evidence to the Parliament’s Health, Social Care and Sport Committee, Police Scotland stated that “existing powers and offences are sufficient to address any unlawful behaviour in the vicinity of health care premises.”

Disproportionate

The disproportionate law will have a devastating impact on human rights, including the right to free expression, freedom of assembly and freedom of thought, conscience and religion.

Most alarmingly, official documentation accompanying the legislation admits that the proposed new law anticipates criminalising ‘praying audibly’ and ‘silent vigils’.

It is deeply troubling that so many MSPs are so supportive of a law which will make it illegal to pray in certain parts of the country, in an unprecedented example of state overreach.

Only one MSP, John Mason, the member for Glasgow Shettleston, voted against the proposals.

The law will also prohibit certain conduct within private homes, churches and schools situated within the designated zone.

For example, placing a pro-life poster in the window of a private home which happens which is within the zone could be considered criminal behaviour.

When asked about the possibility of having to police people’s thoughts, including whether they were silently praying, Superintendent Gerry Corrigan told the Health, Social Care and Sport Committee that policing thought is an area “we would stay clear of”, later adding “I do not think we could go down the road of asking people what they are thinking or what their thoughts are. That feels really uncomfortable.”

People have already been arrested for praying silently in England and, with the new law, this may now happen in Scotland.

Some MSPs did raise concerns about the threat to silent prayer and a few suggested helpful amendments to the Bill, including a reasonableness defence and a specific exemption for chaplains who may be caught by the law and criminalised for having conversations about abortion. However, these were either withdrawn or voted down by the Parliament.

Chilling Day

Bishop John Keenan, Bishop of Paisley and spokesperson for the Bishops’ Conference on life issues said:

“This is a chilling day for fundamental freedoms, including our basic right as citizens in Scotland to manifest our beliefs in public, religious or otherwise.

“None of the arguments made were able to get around the basic premise that Police Scotland had never asked for more powers and even told the Parliament they were “really uncomfortable” with the bewildering suggestion of having to police people’s thoughts under the new law.

“The Bishops’ Conference of Scotland condemns all harassment and intimidation of people but continues to note the poor case made that this sort of behaviour was in any way the ethos of Scottish vigils, and endorses the view of Police Scotland, that there are already ample laws in place to deal with such behaviour.

"This law is certainly unnecessary in terms of public order and will disproportionately affect citizens of faith.”

Bishop Keenan added: “While we commend the one MSP who was prepared to recognise and call out the injustice of this draconian law which now criminalises citizen’s thoughts and makes it illegal to pray in certain parts of the country, it is concerning that there was only one.”

Police Scotland will be responsible for enforcing the new law. If an individual or individuals are deemed to be in breach of the law, they could be fined up to £10,000 under summary procedure or to an unlimited amount under solemn procedure.