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Abortion Services (Safe Access Zones) (Scotland) Bill

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

Introduced: the Bill and its documents

Overview

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.

Why the Bill was created

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.

Accompanying Documents

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

Additional member in charge

Ariane Burgess MSP is the additional member in charge for the Abortion Services (Safe Access Zones) (Scotland) Bill.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Research on the Bill

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

Stage 1: general principles

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.

Timetable for Stage 1

Parliament agreed that consideration of the Bill at Stage 1 be completed by 3 May 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Health, Social Care and Sport Committee.

Lead Committee's approach to scrutiny of the Bill

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. 

Call for views (closed)

The Health, Social Care and Sport Committee held a call for views to help inform its examination of the Bill.  

Read the call for views

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.

Meetings of the lead committee

Engagement

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.

26 February 2024: Impact on those accessing abortion services

Notes from informal evidence session on 26 February 2024 (116KB, pdf) posted 14 March 2024

5 March 2024: Impact on those who are against the introduction of safe-access zones

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

Commissioned Research

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

Correspondence: lead committee

Abortion Services (Safe Access Zones) (Scotland) Bill Stage 1 report Gillian Mackay response

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

Abortion Services (Safe Access Zones) (Scotland) Bill Stage 1 report Scottish Government response

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

Abortion Services (Safe Access Zones) (Scotland) Bill Minister follow up

Letter from the Minister for Public Health and Women's Health following her giving evidence on 19 March, 26 March 2024

Abortion Services (Safe Access Zones) (Scotland) Bill Police Scotland follow up

Letter from Police Scotland following their giving evidence on 5 March, 26 March 2024

Abortion Services (Safe Access Zones) (Scotland) Bill follow up letter to Police Scotland

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

Stage 1 report by the lead 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

Work by other committees

Finance and Public Administration Committee


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 20 December 2023.

Read the report


Stage 1 Debate and decision

A Stage 1 debate took place on 30 April 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Abortion Services (Safe Access Zones) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Abortion Services (Safe Access Zones) (Scotland) Bill. 
  • Submitted by: Gillian Mackay
  • Date lodged: Monday, 29 April 2024
  • Motion reference: S6M-13015
  • Current status: Taken in the Chamber on Tuesday, 30 April 2024

Result 123 for, 1 against, 0 abstained, 5 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 30 April 2024

Stage 2: changes to the Bill

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. 

Meeting on amendments

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

Revised Documents (print versions)

Revised Explanatory Notes (336KB, pdf) posted 06 June 2024

Supplementary Delegated Powers Memorandum (187KB, pdf) posted 31 May 2024

After Stage 2

Delegated Powers and Law Reform Committee

Meeting on 11 June 2024

Report published on 11 June 2024

The Bill ended Stage 2 on 28 May 2024

Stage 3: final changes and vote

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

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Abortion Services (Safe Access Zones) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Abortion Services (Safe Access Zones) (Scotland) Bill be passed.
  • Submitted by: Gillian Mackay
  • Date lodged: Monday, 10 June 2024
  • Motion reference: S6M-13571
  • Current status: Taken in the Chamber on Wednesday, 12 June 2024

Result 118 for, 1 against, 0 abstained, 10 did not vote Vote Passed

See further details of the motion


  • Motion title: Stage 3 Timetable
  • Text of motion: That the Parliament agrees that, during stage 3 of the Abortion Services (Safe Access Zones) (Scotland) Bill, debate on groups of amendments shall, subject to Rule 9.8.4A, be brought to a conclusion by the time limits indicated, those time limits being calculated from when the stage begins and excluding any periods when other business is under consideration or when a meeting of the Parliament is suspended (other than a suspension following the first division in the stage being called) or otherwise not in progress:  Groups 1 to 3: 45 minutes Groups 4 to 6: 1 hour 25 minutes.
  • Submitted by: Jamie Hepburn
  • Date lodged: Tuesday, 11 June 2024
  • Motion reference: S6M-13580
  • Current status: Taken in the Chamber on Wednesday, 12 June 2024

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 12 June 2024

Bill becomes an Act

The Bill was passed on 12 June 2024 and became an Act on 22 July 2024.

Read the Act

Abortion Services (Safe Access Zones) (Scotland) Act 2024