Earlier consultation
Under the previous administration, the Home Office issued draft non-statutory guidance on abortion clinic safe access zones, (January 2024) which suggested that prayer within a Safe Access Zone in England and Wales[*] might not be unlawful:
“[2.7] Prayer within a Safe Access Zone should not automatically be seen as unlawful. Prayer has long received legal protection in the United Kingdom and these protections have not changed as a result of section 9 [of the Public Order Act 2023]. Silent prayer, being the engagement of the mind and thought in prayer towards God, is protected as an absolute right under the Human Rights Act 1998 and should not, on its own, be considered to be an offence under any circumstances. However, where an individual is praying, but their conduct is also intrusive, this is likely to be an offence under section 9.”
The consultation concluded on 22 January 2024; however, there has been no feedback.
Implication of new provisions
On 18 September 2024, the Home Office reported that safe access buffer zones would be in force around abortion clinics from 31 October 2024 “to bring in stronger safeguards for women accessing services”. The Press Release states:
“Protection zones around abortion clinics will be in force from 31 October, as the government moves to bring in stronger safeguards for women accessing this vital health service.
Safe access buffer zones will make it illegal for anyone to do anything that intentionally or recklessly influences someone’s decision to use abortion services, obstructs them, or causes harassment or distress to someone using or working at these premises. The law will apply within a 150 metre radius of the abortion service provider.
Anyone found guilty of breaking the law will face an unlimited fine. The College of Policing and Crown Prosecution Service will publish guidance for police and prosecutors ahead of 31 October, to ensure there is clarity and consistency with the enforcement of the new offence.
[…]
The relevant zones also need to be on or next to a public highway or road, in an open space to which the public has access, or within the area of land attached to an abortion clinic, or in a location that is visible from any of those areas.
The measure applies to any clinics and private hospitals that are approved under the Abortion Act 1967, and for any NHS hospital that has given notification in the current or previous calendar year that it has carried out abortions.
Safe access zones were introduced through S9 Public Order Act 2023, following a free vote in Parliament that received cross-party support.”
There has been no change in the wording of the prospective provision in Section 9, below only in its possible interpretation.
“9. Offence of interference with access to or provision of abortion services
(1) It is an offence for a person who is within a safe access zone to do an act with the intent of, or reckless as to whether it has the effect of: (a) influencing any person’s decision to access, provide or facilitate the provision of abortion services at an abortion clinic; (b) obstructing or impeding any person accessing, providing, or facilitating the provision of abortion services at an abortion clinic, or; (c ) causing harassment, alarm or distress to any person in connection with a decision to access, provide, or facilitate the provision of abortion services at an abortion clinic, where the person mentioned in paragraph (a), (b) or (c) is within the safe access zone for the abortion clinic.
[…]”
Comment
A report on the new Home Office statement by the BBC indicates that whilst these protection zones in England and Wales have been welcomed by BPAS, campaigners have raised concerns that the draft guidance which would have allowed “silent prayer” outside abortion clinics, had been “kicked into the long grass” by the previous administration. The Right to Life group has issued a Press Release which interprets the Home Office announcement as preventing “silent prayer” &c, and “criminalising offering vital support option to women”.
With regard to the Home Office Press Release, supra, S9 Public Order Act 2023 has not yet been brought into force, and guidance will be provided by the College of Policing and Crown Prosecution Service. We await this guidance with interest the guidance, (and the Commencement Order for Section 9).
[*] In Scotland, legislation creating buffer zones around abortion clinics is due to come into force on September 24. Northern Ireland has had safe access zones outside clinics offering abortions since September 2023.
Updated: 20 September 2024 at 09:00.
Thank you David for this helpful post. Just to clarify it is applicable to England and Wales only. I understand such protest zones are already in place in Northern Ireland.
In Scotland the provisions of the Abortion Services (Safe Access Zones) (Scotland) Act 2024 (which received Royal Assent on 22 July) will be introduced from Monday 24 September.
The terms of the Scottish Act are slightly different from the Public Order Act 2023, but they do of course have the same intention.
The Scottish Government information page highlights religious preaching and silent vigils as behaviour which may be caught by the legislation, where there is “intent or recklessness”. This page also states that the list of behaviour “is not exhaustive and enforcement agencies will reach their own decisions on whether an offence has been committed.” https://www.gov.scot/publications/abortion-services-safe-access-zones/
Thanks, that is very helpful. The Public Order Act 2023 extends to England and Wales only.