A legal expert has warned that it would be unlawful for local councils in Scotland to introduce “buffer zones” outside abortion clinics, zones that would prevent pro-life vigils from giving women in crisis an alternative to abortion.
In a legal opinion released on Friday, QC Gerry Moynihan announced that local authorities using byelaws to target pro-lifers outside abortion clinics would be in breach of the law.
The Scottish Government had previously claimed that local councils could use their powers to create “buffer zones” around abortion clinics, arguing that it “would be disproportionate” to impose blanket buffer zones around abortion clinics across the country.
Women’s Health Minister Maree Todd said: “Our view is that byelaws are the most appropriate way to tackle the issue, when [the] making of a byelaw can be justified in the specific circumstances of a particular case.”
COSLA, an umbrella group representing councils, has responded to Mr. Moynihan, saying that his legal opinion “is unequivocal and confirms that local authorities cannot use byelaws to implement buffer zones at NHS reproductive health facilities”.
The Scottish Government has refused to accept the legal warning and has insisted that buffer zones do not breach legal protections. A spokesperson said that it would continue “to explore every avenue that is available” to impose buffer zones.
SPUC comment
A SPUC spokesperson said: “Buffer zones vilify and prevent life-saving actions founded most of all on love. Far from protecting women, these zones rob mothers of any other choice but abortion.
“QC Gerry Moynihan’s legal opinion confirms that they are an infringement of the legal rights of pro-lifers to express themselves peacefully.
“The illegality of localised buffer zones, combined with the Scottish and UK Governments’ conclusion that buffer zones would ‘not be a proportionate response’, should serve as a blow to proponents of these illiberal, undemocratic measures.”
Visit SPUC’s page “Say No to Buffer Zones” here.
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