Abortion Services (Safe Access Zones) Bill: Further Consideration Stage

Part of Private Members' Business – in the Northern Ireland Assembly at 3:30 pm on 14 March 2022.

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Photo of Clare Bailey Clare Bailey Green 3:30, 14 March 2022

I am very pleased that the Bill has reached this stage of its development. I express my gratitude, again, to the Committee for Health, the Office of the Legislative Counsel (OLC), the Department of Health and all the other stakeholders who have helped to get us this far. The amendments that we worked on and made at Consideration Stage went some way to getting the Bill to the point where, once passed, it would be effective and workable. However, a number of issues came up at Consideration Stage that meant that further work would be required to fully achieve that.

Amendment Nos 1 and 2 amend clauses 1 and 2 respectively so that it is clearer that the safe access zone will apply only to a premises while it meets the definition of "protected premises". The original provision set out that a safe access zone would only apply to a protected premises. It was not explicit that there was a mechanism for a zone to no longer apply. Amendment Nos 1 and 2 outline how that can occur.

Amendment No 3 tidies up clause 4 following the amendments that were made to it during Consideration Stage. The amendments at Consideration Stage set out how a zone would be established and the role of the Department in that process, but there was an omission in relation to premises where information, advice or counselling about abortion services were provided. Amendment No 3 is a minor change to correct that and ensure that they are included in that section of the Bill.

The Member for North Antrim has tabled amendment No 4 to add a reasonable-excuse defence to the offence outlined at clause 5(2). I understand the concerns that were raised at Consideration Stage that the effect of then amendment No 5 was that the offence could be one of strict liability. While I stand over that amendment to remove that defence, as the PSNI was clear about the impact that it could have on the enforceability of the legislation, it is not, nor has it ever been, my intention for the Bill to unnecessarily criminalise anyone.

The offence outlined in the Bill is narrow in scope, despite what some have alleged. The Bill does not ban protests and it does not ban silent prayer: it simply regulates the behaviours of people who are targeting women and are attempting to stop them accessing lawfully available healthcare and information — that is all — and allows staff to go about their jobs, unimpeded and without impingement. As such, I do not envisage many examples where someone might have a reasonable excuse for engaging in behaviour:

"with the intent of, or reckless as to whether it has the effect of" influencing, "preventing or impeding access", or:

"causing harassment, alarm or distress to a protected person ... attending protected premises".

Nevertheless, I do not see any issue with including it to give additional reassurance on the operation of the clause. Therefore I support Mr Allister's amendment to ensure that there is not a strict liability offence. I thank him for his assistance and willingness to work with me to get agreement on how to bring that forward. I have no doubt that he will speak to that in great detail.

Amendment No 5 relates to how the safe access zones, once established, will be published in a list and how the public will be made aware of their existence. That has been subject to extensive discussion throughout the passage of the legislation. At Consideration Stage, I proposed some changes to the process, with the assurance that the detail on how they could be implemented would be best dealt with through a policy paper from the Department of Health.

Ms Bradshaw also sought to do that with amendments that she subsequently did not move.

While the policy paper requirement remains in place, amendment No 5 would elaborate on it more clearly in primary legislation for the avoidance of doubt. The amendment expands the requirement to publish a list of protected premises and the extent of their safe access zones so that it is clear that there is a need to ensure that the existence of zones is adequately publicised more generally so that people can be sure of where they stand — literally — in relation to the law.

The amendments are fairly technical in nature and provide a degree of clarity and certainty. I hope that Members can support them. I will support all five.