This Member’s Bill has been introduced by Gillian Mackay MSP. It creates safe access zones around all places providing abortion services in Scotland.
This is a Member's bill
The Bill became an Act on 22 July 2024
This Bill was passed and is now an Act of the Scottish Parliament.
This Member’s Bill has been introduced by Gillian Mackay MSP. It creates safe access zones around all places providing abortion services in Scotland
The Bill makes it an offence for a person in a safe access zone to act in certain ways. This includes any behaviour that might stop a person from getting an abortion or make them feel scared or upset about getting an abortion.
It would also be an offence if a person behaved in these ways in other places, if their behaviour could be seen or heard from the safe access zone. For example, where someone's house is within a safe access zone boundary, they could commit an offence if they do something which could be seen through their window by a person in the safe access zone, and which is meant to try to stop someone from having an abortion or makes them feel scared or upset about getting an abortion.
In May 2022, Gillian Mackay MSP noted her intention to introduce a Member’s Bill to establish safe access zones.
Following a conference on abortion care the Scottish Government and Gillian Mackay MSP agreed to work together on this Bill.
Abortion Services (Safe Access Zones) (Scotland) Bill as introduced (604KB, pdf) posted 05 October 2023
Explanatory Notes (164KB, pdf) posted 05 October 2023
Policy Memorandum (404KB, pdf) posted 05 October 2023
Financial Memorandum (235KB, pdf) posted 06 October 2023
Delegated Powers Memorandum (171KB, pdf) posted 05 October 2023
Statements on legislative competence (110KB, pdf) posted 05 October 2023
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
Ariane Burgess MSP is the additional member in charge for the Abortion Services (Safe Access Zones) (Scotland) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Abortion Services (Safe Access Zones) (Scotland) Bill
The Bill was introduced on 5 October 2023
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
Parliament agreed that consideration of the Bill at Stage 1 be completed by 3 May 2024.
The lead committee for this Bill is the Health, Social Care and Sport Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Health, Social Care and Sport Committee agreed its approach to scrutiny of the Abortion Services (Safe Access Zones) (Scotland) Bill at Stage 1, at its meeting on 24 October 2023.
The Health, Social Care and Sport Committee held a call for views to help inform its examination of the Bill.
Read the summary of evidence from the detailed call for views (529KB, pdf) posted 19 February 2024
Read the summary of evidence from the short survey responses (538KB, pdf) posted 19 February 2024
The call for views closed on 20 December 2023.
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
The Committee undertook informal engagement with those who may be directly affected by the Bill, including individuals who support, and individuals who oppose, the introduction of safe-access zones.
Notes from informal evidence session on 26 February 2024 (116KB, pdf) posted 14 March 2024
Notes from informal evidence session on 5 March 2024 (130KB, pdf) posted 14 March 2024
Copies of leaflets from participants of the informal engagement session on 5 March 2024 (1MB, pdf) posted 14 March 2024
The Committee commissioned research on comparable legislation and its implementation worldwide.
Read the summary of findings (239KB, pdf) posted 22 February 2024
Read the full report (761KB, pdf) posted 22 February 2024
Letter from Gillian Mackay MSP to the HSCS Convener concerning the Stage 1 report of the Abortion Services (Safe Access Zones) (Scotland) Bill, 29 April 2024
Letter from the Minister for Public Health and Women's Health to the HSCS Convener concerning the Stage 1 report of the Abortion Services (Safe Access Zones) (Scotland) Bill, 29 April 2024
Letter from the Minister for Public Health and Women's Health following her giving evidence on 19 March, 26 March 2024
Letter from Police Scotland following their giving evidence on 5 March, 26 March 2024
Letter from the HSCS Convener to Police Scotland following their giving evidence on 5 March, 20 March 2024
See a full list of Stage 1 correspondence for this committee
The lead committee published its stage 1 report on 22 April 2024.
Abortion Services (Safe Access Zones) (Scotland) Bill Stage 1 Report
The committee received the following responses to its report:
Letter from the Member in Charge of the Bill (213KB, pdf) posted 29 April 2024
Letter from the Minister for Public Health and Women's Health (106KB, pdf) posted 29 April 2024
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Read the Official Report of the meeting
The Delegated Powers and Law Reform Committee published its report on 20 December 2023.
A Stage 1 debate took place on 30 April 2024 to consider and decide on the general principles of the Bill.
Result 123 for, 1 against, 0 abstained, 5 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 30 April 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting on 28 May 2024.
Marshalled List of Amendments for Stage 2 (452KB, pdf) posted 21 May 2024
Groupings of Amendments for Stage 2 (488KB, pdf) posted 21 May 2024
Read the agenda, papers and minutes for this meeting
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (374KB, pdf) posted 06 June 2024
Supplementary Delegated Powers Memorandum (113KB, pdf) posted 03 June 2024
Revised Explanatory Notes (336KB, pdf) posted 06 June 2024
Supplementary Delegated Powers Memorandum (187KB, pdf) posted 31 May 2024
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 28 May 2024
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 12 June 2024.
Marshalled List of Amendments for Stage 3 (240KB, pdf) posted 06 June 2024
Timed Groupings of Amendments for Stage 3 (259KB, pdf) posted 11 June 2024
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 118 for, 1 against, 0 abstained, 10 did not vote Vote Passed
See further details of the motion
See further details of the motion
Abortion Services (Safe Access Zones) (Scotland) Bill as passed (655KB, pdf) posted 12 June 2024
The Bill ended Stage 3 on 12 June 2024
The Bill was passed on 12 June 2024 and became an Act on 22 July 2024.