
Campaigners 'concerned' by Scottish buffer zones 'weakness'
The legislation – which started as a member's bill proposed by Green MSP Gillian Mackay – enforced 200m exclusion zones around 30 sites in Scotland in an attempt to limit intimidating protests held outside of clinics.
Mackay has repeatedly insisted the legislation is in place 24 hours a day, with the law stating that if an offending act has a 'continuing effect', it 'does not matter' whether any patient is attempting to access services in the zone at the time.
But in an email between a police inspector in Glasgow and an MSP, the officer said legal advice from Police Scotland lawyers and the Crown Office concluded the legislation cannot be enforced when clinics are not operating.
READ MORE: More than 100 anti-abortion protesters target Glasgow hospital
The exchange was sparked after the MSP sought clarity about a protest held outside the Sandyford Clinic in Glasgow by the Scottish Family Party on April 12, which was closed due to it being a Saturday, telling police constituents had been 'understandably distressed' by the protest.
Responding, the inspector referenced a similar incident in March at a clinic in Edinburgh, where advice had been sought and officers told the ban could not be enforced and the Crown would not prosecute if the facility was not open.
Lucy Grieve, who started the campaign group Back Off Scotland that pressed for the introduction of buffer zones for several years with co-founder Alice Murray, said she feels frustrated a 'point of weakness' has emerged in the law given they had been reassured throughout the passage of the legislation that it was 'the strongest bill in the land'.
'I think a lot of the groups that are protesting when the clinic is closed are just screaming into the void essentially, but I would say it's very frustrating when so many times we heard this bill was so robust, and that's why it was taking so long, that this has been left as a point of weakness,' she told The National.
(Image: NQ) 'I'd say it's a lesson for drafting stuff in the future. Certainly the Government and Gillian really reassured us it was going to be the strongest bill in the land so the fact this has been a slip-up is concerning and frustrating.'
Grieve (above, left) said given Back Off Scotland had heard a lot of testimony on staff coming across protesters after opening hours when they leave work, she hoped Police Scotland would take this into consideration.
Murray (above, right) added: 'I think the worry is they [protesters] see this as a loophole and this spirals into a bigger issue.'
READ MORE: Police decline to intervene as anti-abortion group ignores buffer zone
Murray also suggested that because the Scottish bill focuses on punishing people based on the impact their actions have on a patient or staff member rather than the specific behaviours of protesters, the law could be 'up for interpretation'.
She said: 'If you're seen to be doing behaviour that could intimidate or harass etc, and because it is written in that way, that does leave room for interpretation because if you're saying it's illegal to intimidate or harass, and a protester then says that's impossible when there's no one inside, then that is up for interpretation.'
Grieve said despite the concern, complaints to Back Off Scotland had dropped since the law came in and the law has been shown to be effective with it resulting an arrest earlier this year.
The law clearly states that a person in a safe access zone is committing an offence if they act with the intention of or are reckless as to whether the act has the effect of:
Influencing the decision of another person to access, provide or facilitate the provision of abortion services
Preventing or impeding another person from accessing, providing or facilitating the provision of abortion services
Causing harassment, alarm or distress to another person in connection with the other person's decision to access, provide or facilitate the provision of abortion services
It goes on to say that if the offending act has a 'continuing effect', it 'does not matter' whether any patient is attempting to access services in the zone at the time.
Mackay said earlier this week she would be seeking a meeting with Police Scotland and the Scottish Government on the issue following the 'surprising and disappointing' intervention from police.
The Green MSP said the Holyrood committee scrutinising the law discussed proposals that would have limited the operating hours of buffer zones but did not support them and they were not moved or included in the legislation.
The Scottish Government has said an act carried out which has an impact within the zone when a clinic is closed, but which could continue to have that impact once services are open, could give rise to an offence.
'However, this will always be a matter for enforcement agencies and will depend on all the facts and circumstances of the case,' a spokesperson went on.
There are calls for a buffer zone at the Queen Elizabeth University Hospital to be extended beyond 200m after more than 100 protesters gathered just outside the zone earlier this month.
Mackay said: "Like most laws, buffer zones were designed to apply all day every day and should be enforced that way.
"The committee scrutinising the act took time to consider proposals that would have limited the operating hours of buffer zones but did not support them. These proposals were not moved or included in the legislation.
"I am very concerned by Police Scotland's comments on this and am even more concerned that their policy will serve as an invitation for more protesters to target health facilities.
"Abortion rights are human rights. I have written to Police Scotland to seek an urgent meeting to discuss the situation and their approach to enforcement."
The Scottish Government and Police Scotland have been contacted for further comment.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

The National
an hour ago
- The National
Care reform Bill passes unanimously at Holyrood
The Care Reform (Scotland) Bill was passed with the support of 116 MSPs on Tuesday and aims to bring forward a number of enhancements to social care. The Bill originally proposed the creation of a National Care Service but was scrapped after serious opposition from political parties, local authorities, and trade unions, despite around £30 million being spent on its development. However, Social Care Minister Maree Todd said the Government remained committed to the creation of a National Care Service. READ MORE: Controversial Loch Lomond Flamingo Land plans recalled by Scottish ministers The remaining provisions will implement changes to the existing care system, the biggest of which has been dubbed 'Anne's Law'. The change will allow family and friends to be named as 'essential care supporters' and require care homes to facilitate visits from them in all but the most extreme circumstances. The proposals grew from a Scottish Parliament petition by Natasha Hamilton, who was unable to visit her mother Anne Duke in her care home during the pandemic, ultimately missing her death. Speaking in Holyrood on Tuesday, Todd praised the work of campaigners for Anne's Law, some of whom were watching proceedings from the public gallery. (Image: Scottish Parliament) 'I have been profoundly impacted by the conversations that I have had with them,' she said. 'The emotional harm and trauma that they and their loved ones and many others suffered from being unable to see one another for such long, isolating periods during the pandemic must be acknowledged to make sure that this never happens again.' She added: Reform is not easy to deliver and it is being made more challenging by recent UK Government changes to Employer National Insurance Contributions and changes to migration. These will undoubtedly impact on care delivery. 'However, we have remained steadfast in our commitment to deliver the sustainable change to social care that people urgently need. 'This is a significant step that will strengthen the rights of people living in care homes, support unpaid carers and social workers and improve experiences for the many people who access social care across Scotland.' Scottish Labour deputy leader Jackie Baillie said: 'The way we care for our most vulnerable is more important than party politics. 'That is why Scottish Labour committed to help the Scottish Government deliver such a service, but as I warned at the time, the devil would be in the detail.'


STV News
an hour ago
- STV News
MSPs unanimously approve scaled-back social care reforms
MSPs have voted to approve a set of scaled-back social care reforms after plans for a National Care Service were scrapped. The Care Reform (Scotland) Bill passed the third and final stage of Holyrood on Tuesday. The Scottish Government proposed to shift accountability for providing social care to ministers and create local bodies that would be responsible for administering care under the National Care Service. The plans faced opposition from political parties, local authorities and trade unions, resulting in them being removed from Bill despite around £30 million being spent on its development. The name of the Bill was eventually changed to the Care Reform (Scotland) Bill and it was passed with the support of 116 MSPs on Tuesday. Councillors debated a list of amendments on the bill at the Scottish Parliament. The Scottish Government says the bill will strengthen support for unpaid carers by establishing a legal right to breaks following £13m being allocated for up to 40,000 carers to take voluntary sector short breaks. It aims to improve access to independent advocacy and to create a national chief social work adviser role. Speaking about the failed proposals for the creation of a National Care Service, Scottish Tory health spokesman Dr Sandesh Gulhane said: 'Let's not pretend we've arrived at this moment by design. 'We're here because of yet another SNP policy that promised the world and delivered a fiasco. 'The now defunct National Care Service Bill was once hailed as the most significant reform to health and social care since the creation of the NHS. 'But, in reality, it was a half-baked plan dreamt up by ministers, clearly in an ivory tower that was dead in the water before the ink had dried on the first draft.' While Scottish Labour deputy leader Jackie Baillie said: 'The way we care for our most vulnerable is more important than party politics. 'That is why Scottish Labour committed to help the Scottish Government deliver such a service, but as I warned at the time, the devil would be in the detail.' The Scottish Government, Baillie claimed, 'attempted a power grab'. 'Four years later, three first ministers later, three health secretaries later and £31m later and what we have before us is a drastically reduced Bill with not a National Care Service in sight, and not a single extra penny of that money going directly to social care,' Despite the changes, social care minister Maree Todd said the Government remained committed to the creation of a National Care Service. She said: 'More than 200,000 people across Scotland access care each year. 'Anyone may need care during their lives, and that care should be high quality and delivered consistently across Scotland. 'That is why we have been so determined to bring forward much-needed reform, alongside the work we are already doing through the near £2.2bn total investment in social care and integration in 2025-26. 'Reform is not easy to deliver and it is being made more challenging by recent UK Government changes to Employer National Insurance Contributions and changes to migration. These will undoubtedly impact on care delivery. 'However, we have remained steadfast in our commitment to deliver the sustainable change to social care that people urgently need. 'This is a significant step that will strengthen the rights of people living in care homes, support unpaid carers and social workers and improve experiences for the many people who access social care across Scotland.' Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country


The Herald Scotland
2 hours ago
- The Herald Scotland
Constance defends Police Scotland sex and gender policy
Last weekend, in The Herald on Sunday, a senior Police Scotland source accused the force of creating a 'culture of fear', where staff felt unable to raise concerns about how to record the sex of transgender suspects. READ MORE: The whistleblower claimed that officers were being instructed to search and record individuals 'as they present', even though no formal policy to that effect appeared to exist. She warned this could result in rapes committed by men being recorded as having been carried out by women — a scenario she described as 'unbelievable' and deeply traumatic for victims. On Tuesday, Scottish Labour MSP Pauline McNeill raised The Herald on Sunday's report in Holyrood, saying there was 'clear confusion' in the force due to the lack of official guidance. 'Many staff say they have to record someone — and indeed search them — based on how they present, even if that is the moment of arrest,' she said. 'It appears there is no official guidance, so staff are left to navigate sensitive and legally significant decisions without it.' She asked the Cabinet Secretary whether she was not 'concerned about the apparent lack of clarity being experienced by officers on the front line about how to record the sex and gender of suspected serious sexual offenders.' Ms Constance said: 'I do believe that there currently is clarity.' She also pointed to the comment given to The Herald on Sunday by the force, which said the whistleblower's account was 'inaccurate and misleading.' Ms McNeill said the force had offered contradictory explanations. While Chief Constable Jo Farrell told the Scottish Police Authority in September last year there was a clear approach, she said in a letter to her and in press reports, they had 'indicated since then that there is no set policy on how to record sex and gender of individuals.' The force is reviewing how it records sex and gender, and the Justice Secretary said this would take full account of the UK Supreme Court's landmark ruling on the definition of 'sex' in the Equality Act — which confirmed it means biological sex. Ms McNeill urged the Cabinet Secretary to engage directly with the force: 'Surely she must have a discussion now with Police Scotland about how they are recording sex when it comes to sexual crime, and that there is clarity for police officers on the front line?' Ms Constance replied that the Chief Constable had already given clear public assurances, and that Police Scotland would also consider forthcoming guidance from the Equality and Human Rights Commission (EHRC), which is currently under review. Tess White, the Conservative MSP for North East Scotland, accused Police Scotland of 'kicking the can down the road.' 'The force provided assurances to the Scottish Police Authority that the timeline for review does not preclude any immediate improvements identified and required to internal practice or policy, and that is in stark contrast with the meeting the Cabinet Secretary herself held with the Chief Constable on 30 April in which she emphasised that Police Scotland must await EHRC guidance on the Supreme Court ruling. 'Will her government now get off the fence and finally issue an urgent directive to public bodies to comply with the law and put an end to this mess?' Ms Constance said ministers were already taking action by working to ensure public services would be in a 'state of readiness' to respond to the EHRC guidance when it is finalised. READ MORE Speaking after the debate, Ms McNeill said she found the minister's answer 'disappointing.' 'The Government is responsible for this confusion — it is too important for them to leave to another review. If they support my view on data that the sex of the offender should be recorded then they should act to clear up the confusion.' Fraser Hudghton, from the Free Speech Union, said: 'The Justice Secretary's response in Parliament does not cut it. She is either being misinformed by the leadership at Police Scotland who have lost all control, or she is playing fast and loose with the facts. 'We know from serving officers and staff that police leadership are in thrall to 'woke' policies that originated from the SNP Government, regardless of what that means for data collection or the effective prosecution of criminals. It has to stop.' A spokesperson for Police Scotland previously told The Herald on Sunday: 'It is inaccurate and misleading to suggest a male accused of rape would be recorded as a woman. It is inaccurate and misleading to suggest female officers and members of staff are coerced into carrying out intimate searches on male prisoners.'