Scotland: Backing Away From Buffer Zones

Why is ‘modern’ Scotland lagging behind other UK nations in protecting those accessing abortion care?

It is estimated that one in three women will have an abortion during their reproductive lives. In 2021, a total of 13,758 abortions were provided in Scotland. Despite this, there has been a significant increase in the presence of anti-abortion campaign groups outside hospitals and sexual health facilities.

Last year, the Scottish government pledged their support for Green MSP, Gillian Mackay’s Safe Access Zones Bill. The bill proposes to implement a 150-metre buffer zone around hospitals and sexual health facilities in Scotland, protecting those accessing abortion care from fear and harassment. Aiming to halt the presence of potentially coercive protestors displaying graphic and hyperbolic images, Mackay’s consultation closed in August 2022, receiving more than 12,000 responses.

Since the Scottish Government's pledge in 2022, Westminster has voted in favour of establishing nationwide buffer zones in England and Wales. In Northern Ireland, Stormont has successfully defended its own Buffer Zones bill in the UK Supreme Court, following concerns such laws would infringe on the right to free speech. So why is Scotland lagging so far behind the rest of the UK in protecting those accessing abortion care?

I sat down for a Q&A with Back Off Scotland, the largest widely recognised campaign group advocating for national buffer zones across the country.

Lucy Grieve, Co-Founder and Director of Back Off Scotland

“Scotland started out ahead of the curve on abortion rights largely due to the progressive government and their commitment to pro-choice policy. Unfortunately, so much time has elapsed since we first brought this to the government’s attention in 2020 and we’re now behind the rest of the UK in buffer zone implementation. In some ways, it highlights the differences between parliamentary protocol in Westminster and the devolved nations. But in other ways, it shows how long robust legislation can take to make it through Holyrood.”

Q: How can the examples set by Westminster and Northern Ireland assist and encourage the Scottish government to implement a Safe Access Buffer Zones Bill?

A: “The main takeaway from Westminster and Northern Ireland is that they’ve set a precedent. The Scottish Government were initially reluctant to ‘go first’ and implement these measures. Now, it’s likely that all three nations’ legislation would be challenged together. There’s strength in that, given that buffer zone legislation has now been held up in the highest three courts in the UK.”

Q: Scotland has appointed its first Women’s Health Champion, Anna Glasier OBE – does this mean abortion access might now be a priority for Holyrood?

A: “Despite the delays in the Women’s Health Champion’s appointment and her work on abortion care throughout her career, we were disappointed to see neither abortion nor contraception mentioned as her main focuses. Abortion care providers work incredibly hard in Scotland but there are serious changes that have to be made, including the implementation of safe access zones, the bolstering and upscaling of mid-trimester services, and the decriminalisation of the law.”

Q: How is the resignation of Nicola Sturgeon going to impact the progress of Scotland’s Safe Access Zones Bill?

A: “Meeting Nicola Sturgeon and gaining her backing for the campaign and for legislation was a real turning point for Back Off Scotland. We were grateful when she spoke openly to BBC Disclosure about her experience of miscarriage and how she believes protests would have affected her during that time of her life. Despite our criticisms of the Scottish Government, we believe that Sturgeon is truly a pro-choice advocate and she has helped promote a society that values safe, legal access to abortion care. We’d like to see the next First Minister of Scotland commit to working with Gillian Mackay MSP on bringing forward buffer zone legislation, but beyond that, someone who can champion abortion rights and commit to decriminalising abortion in Scotland.”

To learn more about this issue, you can listen to a Radio Package I created in 2022 regarding buffer zones. Find it in the 'Experience' section of my website.