- 24 hours following Humza Yousaf’s resignation as First Minister, the Scottish Parliament will debate a bill to censor speech on streets near abortion facilities – including consensual conversation
- ADF UK have backed the legal defence of several individuals criminally tried for offering help, or praying silently, under similar rules in parts of England
EDINBURGH (30th April 2024) – A proposal to criminalise “influence” in public spaces near abortion facilities will be debated in the Scottish parliament today, despite warnings from free speech campaigners that such legislation could result in “thoughtcrime” prosecutions as seen in England.
The Bill was launched by Gillian McKay MSP of the Scottish Green Party, who are no longer members of a coalition government following Humza Yousaf’s decision to dissolve the Bute House Agreement last week.
The decision to push ahead with a Stage One debate comes despite 77% of respondents to the Scottish Parliament consultation opposing the introduction of abortion “buffer zones” in Scotland.
Polling from Savanta ComRes shows that only 30% of the population in Scotland support the introduction of nationwide buffer zones around abortion clinics.
"Following the international embarrassment marking the launch of the recent “hate speech” law, the last thing Scotland needs is more censorial legislation.
"Yet, even amidst the chaos of a collapsing Yousaf administration, our parliament continues to push measures which could see citizens criminalised for engaging in peaceful conversations."
The following statement may be attributed to Lois McLatchie Miller, Senior Legal Communications Officer and Scottish Spokesperson for ADF UK:
“Following the international embarrassment marking the launch of the recent “hate speech” law, the last thing Scotland needs is more censorial legislation. Yet, even amidst the chaos of a collapsing Yousaf administration, our parliament continues to push measures which could see citizens criminalised for engaging in peaceful conversations, or even offering help.
We all stand firmly against harassment, and anyone who commits harassment against a woman is already subject to prosecution. However, Mackay’s Bill goes much, much further, making it a crime to engage in “influencing” on public streets anywhere “visible or audible” from an area 200m around the abortion facility – with an ability for authorities to expand the boundary infinitely.
We know from where “buffer zones” exist in England, that vaguely-worded and broad prohibitions have been used to drag people through court for praying silently in their own minds – one of the first examples of a “thoughtcrime” being prosecuted in court. Surely we can all agree that this is an Orwellian overreach that should be resisted, rather than copied and pasted into our national laws.
I urge Scotland not to make the same mistakes as the English. Don’t censor our streets from charitable help, from conversations, or from simple prayer.”
The World’s most extreme “buffer zone” legislation
In the most extreme example of its kind, the Scottish Bill would create a minimum 200m “buffer” zone around any facility that performs abortions. Vague language banning “influence” would put volunteers praying, or engaging in consensual conversation, at risk of being prosecuted.
Abortion providers can apply for the zone to be extended, with the Bill giving the Scottish Government the power to extend any buffer zone infinitely beyond 200m should they deem it to be “necessary”.
These would mark the largest censored zones of their kind in the world, with England and Wales having passed legislation to introduce 150m buffer zones, and must buffer zones in Northern Ireland extending to only 100m – half of the size proposed in Scotland.
Anyone who commits an offence can be fined up to £10,000 on a summary conviction, or an unlimited fine on indictment.
The provisions of the Bill apply to anything that is “visible or audible” within a buffer zone, even if these relate to private buildings. This means it may be illegal for pro-life signs to be displayed from a window within a private home or outside a place of worship if the signs are within the boundaries of or visible to a buffer zone.
Similarly, conversations in private homes or outside churches may be included if they are audible inside a buffer zone.
Women impacted ask for their stories to be heard
Women’s campaign group “Be Here For Me” have highlighted that the bill would restrict charitable offers of help from being accessible to women at their point of need.
Alina Dulgheriu, who benefitted from the support offered by pro-life volunteers outside an abortion facility in Ealing and continued her wanted pregnancy as a result, asked the Scottish government to consider the needs of women like her before implementing such censorial legislation that would restrict “real choice”.
"Removing the option to receive help to keep a child...is deeply patronising,
and assumes that women can't make a decision for ourselves, or that we might choose the wrong option.
“Thoughtcrimes” on trial because of English “buffer zones”
Last year, Isabel Vaughan-Spruce, a charitable volunteer from Birmingham, was arrested twice for praying silently in her own mind in an abortion facility “buffer zone”. A viral video showed her being arrested for her silent prayers within the censorial zone for the first time last Winter (see below).
With support from ADF UK, Isabel Vaughan-Spruce was completely acquitted following their trial at Birmingham Magistrates’ Court for committing prayerful “thoughtcrimes”.
Isabel addressed the Scottish parliament on the matter last month.
Meanwhile, a retired medical scientist and crisis pregnancy support volunteer, Livia Tossici-Bolt, awaits trial in Bournemouth for holding a sign reading “Here to talk, if you want” in a “buffer zone” around an abortion facility. ADF UK are supporting her legal defence. Read more.
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PICTURED: Lois McLatchie Miller, ADF UK; Isabel Vaughan-Spruce; Alina Dulgheriu and her daughter, Be Here for Me
