Abortion Services (Safe Access Zones) (Scotland) Bill

9th October 2023

Throughout the development of the Bill, the Scottish Government has gathered evidence from several sources, including Police Scotland, Crown Office and Procurator Fiscal Service, pro-choice campaign groups, organisations that participate in anti-abortion activity, faith groups, and patient testimonials.

Alongside consultation analysis, the evidence gathered demonstrates that anti-abortion activities can have a significant negative impact on the wellbeing of those who experience anti-abortion activities while attempting to access or provide those services. Ensuring that these activities are prohibited within close proximity to premises providing abortion services will provide protection for all of those who use or provide abortion services from these impacts.

Summary of aims and expected outcomes of strategy, proposal, programme or policy
The aims of the Bill are to:

protect access to abortion services across Scotland;
ensure that people can access abortion services without fear of, and free from, intimidation, harassment or public judgement;
ensure that at the point of access users are protected from attempts to influence or persuade them in relation to their decision to access services;
take a preventative approach so all abortion services are covered, including those that have not experienced protests;
ensure that providers or facilitators of the service are protected from attempts to influence their decision to provide or facilitate abortion related services at their place of work or where those services are delivered;
prevent providers or facilitators from being reluctant to provide or facilitate services for fear of such protests occurring.
Importantly, the aim is not to prevent the expression of opposition to the provision of abortion services or restrict the expression of religious views on abortion. It is only to prevent their expression in limited areas to the extent necessary to achieve the overarching aims.

To achieve this, the Bill will automatically create a default safe access zone around all premises which provide abortion services in Scotland. The zone will comprise the premises providing abortion service, the public area of the grounds (if any) of the premises and the public area of land that lies within a boundary that is 200 metres from the edge of the premises.

The intended outcome of the Bill is to prevent or reduce the harmful impacts of anti-abortion activity conducted outside premises providing abortion services on users and providers of such services.

In order to provide adequate protection for service users and providers from anti-abortion activities, the Bill creates offences to prevent individuals from engaging in harmful behaviours inside a safe access zone. Careful consideration has been given to these, and this has also been informed by a range of stakeholder engagement and learning from other jurisdictions.

This Bill is aligned with the Healthier, Wealthier and Fairer Strategic Objectives, and contributes to the following National Outcomes:

We respect, protect and fulfil human rights and live free from discrimination;
We live in communities that are inclusive, empowered, resilient and safe; and
We are healthy and active

Read more at
https://www.gov.scot/publications/abortion-services-safe-access-zones-scotland-bill-fairer-scotland-duty-summary/