Safe Access Zones Bill - Dáil Debate Underway

Abortion campaigners "absolutely thrilled this is going through today"

Nov 15, 2023

a group of people holding a sign that says not yours to control — Photo by Gayatri Malhotra on Unsplash

Exclusion zones proposed under the Irish abortion legislation contain a curious anomaly. The Termination of Pregnancy Services (Safe Access Zones) Bill provides for a 100 metre perimeter around all GP clinics and hospitals whether they provide abortion or not.

The Bill is up for discussion in the Dáil this evening as it moves through its fourth stage.

Here’s the Oireachtas description:

Bill entitled an Act to prohibit persons from engaging in certain conduct in safe access zones, that is to say, in certain areas in and adjacent to certain healthcare premises; to make provision for enforcement in respect of engaging in conduct prohibited in such safe access zones, and to provide for offences in relation to such prohibited conduct; and to provide for matters connected therewith.

Readers can peruse the details of the Bill themselves here.

Conduct of Any Kind

Conduct to be prohibited in safe access zones is described as ‘conduct of any kind’ – including things the person might say or ‘otherwise communicate.’

Here’s the formal wording:

(6) For the purposes of this section, a person’s conduct shall include conduct of any kind and, in particular, things that the person says or otherwise communicates, as well as things that the person does and such conduct may consist of a single act or a course of conduct.

The Irish Council for Civil Liberties – a supporter of the Exclusion Zones Bill notes in its submission that ‘specific behaviour that will be prohibited in such zones and provides for a range of penalties for those who contravene the new law.’

However, it appears a person’s mere presence anywhere within 100 metres of any GP service, medical centre or hospital will trigger the powers bestowed upon An Garda Siochana by this legislation.

The next anomaly this Substack finds with this legislation is that it provides for the future tense. So if a Garda believe a person might behave in a manner that contravenes the conduct codes above, the Garda can issue a warning.

Here’s the text:

4. (1) A member of the Garda Síochána who believes, with reasonable cause, that a person has engaged, is engaging or will engage in conduct referred to in subsection (1), (2), (3) or (4) of section 2 in a safe access zone may issue a warning to the person, which warning shall inform the person that—
(a) the person, the subject of the warning, is in a safe access zone,
(b) his or her conduct is, or if engaged in would be, conduct prohibited by this Act in a safe access zone,
(c) because of the matters specified in paragraphs (a) and (b), he or she must cease
engaging or not engage, as the case may be, in the conduct referred to in
subsection (1), (2), (3) or (4) of section 2, and
(d) if he or she continues to engage or engages in such conduct, he or she will be
committing an offence.

Fines and Imprisonment

The person whose conduct incurs a warning from a Garda, must state their name and address. A false name or address or be guilty of an offence. A conviction on a first offence can incur a fine, or four weeks in prison, or both. Conviction of a third offence amounts to a class C fine and up to six months in prison or both.

Here’s the text:

A person who fails or refuses to state his or her name and address in compliance with a requirement under subsection (3) of section 4, or who, in purported compliance with such a requirement, states a name or address that is false or misleading, shall be guilty of an offence.
(3) A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction—
(a) in the case of a first such offence, to a class E fine or imprisonment for a term not exceeding one month or both,
(b) in the case of a second such offence, to a class D fine or imprisonment for a term
not exceeding 3 months or both, and (c) in the case of a third or subsequent such offence, to a class C fine or imprisonment for a term not exceeding 6 months or both.

There were a number of submissions made to the Bill that readers can access here.

Notably, the group of GP’s that form the group START (Southern Task Group on Abortion and Reproductive Topics) describes the experience of providing abortions as ‘rewarding.’

GP’s earn up to €450 per abortion.

“From a GP perspective, it has been a rewarding experience to provide early medical abortion at our practices. It epitomises the type of low tech, high complexity service which can be delivered in an efficient and patient-centred way by skilled general practitioners and community providers. Nonetheless, it can be challenging and demanding service to deliver, being time-sensitive and requiring multiple and prolonged consultations.”

Readers should be aware that Covid-19 measures allowing for remote abortions have now been made permanent. This measure was initially introduced for the 'duration of the covid 19 emergency' only. It’s adoption followed input from the Irish Family Planning Association, which described ‘telemedicine abortions’ as an ‘innovative mode of service delivery.’

‘Unnecessary & impractical’

In total, eleven submissions were made, nine in favour of the legislation and two against. The HSE, IFPA, START, ICCL and Together for Safety are among the submissions in favour.

The Pro Life Campaign and Presbyterian Church of Ireland (PCI) made submissions that questioned the implementation of exclusion zones. The PCI in its submission said the Bill was ‘unnecessary & impractical.’ There is no submission listed for the Catholic Church in Ireland, which is curious, given that Church grounds (which are subject to the legislation) are likely to fall within 100meters of medical service centres in multiple locations around Ireland.

The Presbyterian submission raises this issue, pointing out that so called ‘safe access zones’ would prevent the advertisement of pro-life support services to women experiencing crisis pregnancy - that any church may wish to display on church grounds.

“Head 3 provides for the designation of a safe access zone around a healthcare premises. Encompassing as it does any healthcare premises, not simply those which provide services relating to abortion, along with the 100m extent of the zone, makes this a very general provision which may have unintended consequences.”

“One of the activities prohibited by the draft legislation is “displaying or distributing, or attempting to distribute, any text, or images intended to, or which could reasonably be considered likely to, influence a person’s decision to access termination of pregnancy services”. By this definition it would not be possible for a local church to publicly advertise on a noticeboard on the exterior grounds of a place of worship any material which might promote a pro-life counselling programme, pastoral support for pregnant women who are potentially struggling, or other associated material.”

The PCI rightly points out that any law that interferes with the right to free expression must be ‘demonstrably necessary, and proportionate’. Yet An Garda Síochána have stated that existing public order laws offer sufficient remedies in the case of harassment or intimidation.

“Indeed, the Garda Commissioner stated in a letter to the Minister for Health that ‘no incidence of criminality has been reported or observed’. The necessity of the bill is thus called into question.”

The Pro Life Campaign submission provides significant analysis of the number of GP’s providing abortion in Ireland, which it claims is just 12%:

“These provisions are drafted in a way that ensures that an exclusion zone would be established around every hospital, community care centre, secondary care centre, and GP practice in the State, irrespective of whether they are carrying out abortions or not. The Explanatory notes under Heads 2 and 3 make it clear that this is the explicit aim of the Bill. This proposal is wildly disproportionate. No such law exists at a national level in any other country of the European Union – let alone a law which applies such blanket “zones” where free speech and free assembly would be banned.”

“The proposed legislation singles out a range of peaceful and innocuous activities which are entirely legal, but which will be banned within exclusion zones, with severe maximum sentences for repeat occurrences:- So, under this Bill, at least 1,400 GP practices would be declared as exclusion zones, despite the fact that no “termination of pregnancy services” are taking place at those sites.”

If An Garda Síochána has stated the legislation isn’t required and the only public bodies supporting the Bill are either state funded or GP’s benefitting monetarily from the provision of abortion, what is driving the implementation of ‘Safe Access Zones?’

In a Newstalk debate on the topic earlier, Eilis Mulroy Spokesperson for the Pro Life Campaign described the Bill as a ‘discriminatory and draconian piece of legislation.’

“It’s a lot more far-reaching than people realise.. it will basically sterilise large swathes of land where people are not able to peacefully assemble in accordance with their constitutional rights,” Ms Mulroy said.

Karen Sugrue, Co-Chair of Together for Safety said ‘we are absolutely thrilled this is going through today.’

“Nobody is being stopped protesting. What’s happening is there will be a 100m zone around hospitals, GP’s and clinics in which no protests or discussions about abortion can take place,” Ms Sugrue said.

Listen to the Newstalk debate here.

Meanwhile, in the UK, Adam Smith-Connor, an army veteran charged for praying silently in an abortion facility ‘safe access zone’ is due to appear before Poole Magistrates’ Court tomorrow at 10am.