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Bill making it illegal to offer help outside abortion clinics delayed as it “disproportionately interferes” with the right to protest

A Bill to introduce censorship zones outside abortion clinics in Northern Ireland has been challenged by the attorney general of Northern Ireland on the grounds that it “disproportionately interferes” with the right to protest.

The Abortion Services (Safe Access Zones) (Northern Ireland) Bill was introduced by former Green Party MLA Claire Bailey, who lost her seat in the most recent local elections, and was passed earlier this year. The Bill makes it a criminal offence to “influenc[e]… a… person [seeking an abortion], whether directly or indirectly” within “safe access zones”. In effect, the Bill will criminalise offers of assistance and prayer within 150m of abortion clinics or hospitals where a censorship zone is in place.

However, Dame Brenda King has challenged the Abortion Services (Safe Access Zones) (Northern Ireland) Bill on the grounds that it does not permit a “reasonable excuse” defence.

Reasonable excuse

The counsel for the attorney general’s office, Tony McGleenan QC, said as a result the Bill did not provide a defence for someone who “did not know and had no reasonable way of knowing a protected person was in a safe access zone”.

This omission means that the Bill may be outside of the “legislative competence” of the Northern Ireland Assembly.

Mr McGleenan argued that the current legislation breaches the European Convention on Human Rights (ECHR), specifically in relation to the articles on freedom of religion and expression. He also suggested a “political stance” had been taken by some parties at Stormont when they voted to reject an amendment around “reasonable excuse”.

Mr McGleenan also noted that, should the Bill need changing, it will not have to start all over again: “We don’t go back to square one with the bill, it doesn’t start again. We go back to the legislative process on a distinct point, the assembly can vote on that point and the matter proceeds from there”.

However, amendments to the Bill and subsequent voting cannot happen until there is a functioning assembly. 

Mr McGleenan said the deadlock at Stormont was a “circumstantial matter” and that he hoped the situation could be resolved.

“[This] bill… will shut down options open to women who find themselves in crisis”

Prior to the Bill being voted through in March, Alina Dulgheriu, who was herself scheduled to have an abortion but decided to not go ahead with it after receiving help from pro-life volunteers outside an abortion clinic in London, said:

“The day that I turned up to my abortion appointment, a volunteer outside the clinic gave me a leaflet. It offered the help that I had been searching for. I weighed up the two options I had before me, and I chose motherhood. I chose to accept help to get housing, help to find a job and help to obtain a pram, a cot and nappies. It wasn’t easy. But with the support of the group who had given me that leaflet, I couldn’t be prouder of the life my daughter and I have charted out together”.

“[This] bill, designed to prevent us from hearing about offers of support to continue our pregnancies, will shut down options open to women who find themselves in crisis. Such legislation would have been detrimental to the course of my life”.

Right To Life UK spokesperson, Catherine Robinson, said: “The omission of a ‘reasonable excuse’ is a serious problem with an already draconian piece of legislation. It is bad enough to punish people by law for offering alternatives to abortion outside abortion clinics, but it is an added injustice to punish someone who had no knowledge or even no way of knowing that a censorship zone was in place in the first instance”.

Critical appealto protect vulnerable lives

Help stop three major anti-life threats.

The Leadbeater assisted suicide Bill can still be defeated at Third Reading, but only with your help.

Dear reader,

As you already likely know, the Leadbeater assisted suicide Bill sadly passed Second Reading at the end of last month.

While it is very disappointing that the Bill passed Second Reading, an analysis published in The Independent shows that at least 36 MPs who supported the Bill did so only to allow further debate or because they had concerns that meant they won’t commit to supporting the Bill at Third Reading. Since then, our Public Affairs team has identified a number of other MPs who share these reservations.

With the vote passing by a margin of 55, just 28 MPs switching their stance to oppose the Bill would ensure it is defeated at Third Reading, so there is a clear path towards this Bill being defeated. We can still win this.

The assisted suicide lobby are fully aware that support for the Bill is very fragile. They will fight fiercely to prevent 28 MPs from switching their votes to oppose the Bill.

For the sake of the hundreds of thousands of vulnerable lives that will be put at risk, we must win the vote and defeat this dangerous Bill.

WE NEED YOUR HELP

Our campaign in the run-up to Second Reading was the biggest and most expensive we have ever run and so it has made a significant dent in our limited financial resources.

We are now working on an even bigger campaign to defeat this dangerous Bill at Third Reading.

To ensure we effectively defeat this extreme assisted suicide Bill, we are aiming to raise at least £100,000 by midnight this Sunday (15 December 2024).

Every donation, no matter the size, will mean YOU can make a crucial difference in saving vulnerable lives from this extreme law change.

Will you make a donation now to help protect vulnerable lives from this major threat?

Critical appealto protect vulnerable lives

Help stop three major anti-life threats.

The Leadbeater assisted suicide Bill can still be defeated at Third Reading, but only with your help.