Matter for Discussion: Abortion

The British Pregnancy Advice Service (BPAS) reports that, anti-abortion activity has been on the rise since 2014 (BPAS, 2020). According to Marie Stopes International, abortion buffer zones (ABZ) are tried and tested mechanisms to protect reproductive choice (MSI Reproductive Choices UK, 2022).

ABZ are currently being provided by some local councils through Public Spaces Protection Orders (PSPOs). However, these orders are limited in their effectiveness as local authorities must have regard to freedoms permitted under Article 11 of the Human Rights Act 1998 - this also creates geographical inequities as women living in areas without PSPOs in place, may have to travel further to access services (Human Rights Act 1998).

Consequently, specific legislation is required to protect patient safety and address the challenges faced by professionals delivering abortion care and patients accessing abortion services across the UK. Similar legislation exists in several jurisdictions around the world including Australia, Canada and the United States (Orme, 2021).

Draft legislation has now been tabled across all four countries: 

• In Scotland, the proposed Abortion Services (Safe Access Zones) (Scotland) Bill would introduce safe access zones with a perimeter of 150 meters at all sites that provide abortion care (Royal College of Nursing, 2022 and MacKay, 2022).
• Following a UK Supreme court ruling in December 2022, giving the Northern Ireland Assembly authority to create abortion buffer zones in legislation, the Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023 was introduced. The RCN submitted written evidence to the Northern Ireland Assembly Committee for Health in support of the legislation, detailing the impact of harassment and abuse by protestors on service users and staff, including RCN members.
• In England and Wales, the Public Order Bill is set to become law including a clause which will make it an offence to interfere with and intimidate or harass women accessing or health professionals providing abortion services, within abortion buffer zones (Public Order Bill, 2023). 

The right to protest should be balanced against patients’ right to access to health care without fear of intimidation and/or harassment, and the rights of staff to practice in a safe environment.  
 
Discussing this matter at Congress will allow members to consider the issues relating to the implementation of abortion buffer zones and their potential impacts, given the opportunity presented by the legislation being tabled across the UK. 

Reading list for this debate available at rcn.libguides.com/congress2023.
 

References

Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023. Available at: https://www.legislation.gov.uk/nia/2023/1/contents/enacted (Accessed 22 March 2023). British Pregnancy Advisory Service (2020) Abortion clinic protest activity: submission to the Home Office Police Powers Unit. Available at: https://www.bpas.org/media/3751/2020-aug-bpas-police-powers-unit-response.pdf (Accessed 22 March 2023).

Human Rights Act 1998, c.42. Article 11. Available at: https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/10#:~:text=Article%2011%20Freedom%20of%20assembly,the%20protection%20of%20his%20interests (Accessed 28 March 2023).

MacKay G (2022) Proposed Abortion Services Safe Access Zones (Scotland) Bill. The Scottish Parliament. Available at: https://www.parliament.scot/bills-and-laws/proposals-for-bills/proposed-abortion-services-safe-access-zones-scotland-bill (Accessed 22 March 2023).

MSI Reproductive Choices UK (2022) Will there ever be abortion clinic buffer zones? Available at: https://www.msichoices.org.uk/news/will-there-ever-be-abortion-clinic-buffer-zones/ (Accessed 22 March 2023).Orme S (2021) Abortion and safe access zones, Research Matters. Northern Ireland Assembly. Available at: https://www.assemblyresearchmatters.org/2021/11/30/abortion-and-safe-access-zones/ (Accessed 23 March 2023).

Public Order Bill (2023) Amendment NC11. UK Parliament: House of Commons. Bill no [270]. Available at: https://bills.parliament.uk/bills/3153/stages/16631/amendments/10002351 (Accessed 22 March 2023).

Royal College of Nursing (2022) RCN Scotland response to the Proposed Abortion Services (Safe Access Zones) (Scotland) Bill. Available at: https://www.rcn.org.uk/About-us/Our-Influencing-work/Policy-briefings/sco-pol-proposed-abortion-services-safe-access-zones-scotland-bill-090822#tab1 (Accessed 22 March 2023).