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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 10 May 2025
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Displaying 788 contributions

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Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

I believe so. We have heard evidence from Alina—I think that that was her name—about the impact that silent prayer had. There is a possibility that it can influence people, but I am also looking at this from the perspective of how it can intimidate people.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

This is something that I have been talking about with my officials a lot. We have to remember that, with any activity that is captured by offences, it will all be dependent on the facts and the circumstances happening around that activity.

We have spoken to Police Scotland and the Crown Office about this, and we will continue to do so as the bill is developed, but I think that what we are looking at is the context and impact of an activity. Indeed, the key element of the bill is women’s ability to access abortion services safely.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

My predecessor, Maree Todd, hosted a short-life working group that brought together the different groups to see how the situation could be approached. Could we use byelaws or would we have to go through legislation? Could we use mediation services?

The former First Minister also hosted three round-table meetings that brought stakeholders in to give their views. Gillian Mackay’s consultation had almost 12,000 responses from both sides of the argument. We have also taken legal advice specifically about the balance between the different rights that we have.

The Scottish Government absolutely recognises that people have the right to religion and to protest. That is why we believe that the proposals are proportionate in ensuring that we balance those rights with the rights of women to access healthcare safely and in privacy.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

We are working on that and having discussions with the health boards. I also met representatives from local authorities a couple of months ago to discuss the issue.

We have not scoped out the guidance yet, but we are working on it and that work will continue in parallel with the bill as it progresses.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

When we were constructing the bill, we needed to look at future proofing it, and the way that women access abortions and the locations where abortions may be provided may change in the future. We currently have no plans to extend to other places. Just now, it is specifically about safe access zones, to the extent of 200m, around 30 locations that currently provide abortions.

We need to be able to modify the bill as required, to respond to changes in healthcare. That is important. I would be interested in seeing in your committee report the evidence that you have acquired on whether there should be a minimum and maximum area for safe zones. We are currently looking at 30 premises, but we must be able to future proof as healthcare abilities change.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

I go back to the intention. If it were the intention to impede, alarm or distress women attending abortion services, silent prayer would be included. We have not specifically laid out what the actual acts are. However, we have laid out what the intention of the acts is.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

That is a really good question, and it is one that I have been playing out in my mind. The bill is set out to protect women who are accessing abortion services, and you heard some very powerful evidence from women who have obtained abortions about how they felt and the impact that walking past demonstrators had on them.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

The police would make that judgment. The activity will be captured, depending on the facts and the circumstances around what is happening.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

I do not have such an example. If I can come back to the committee with an example, I am happy to do so.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 1

Meeting date: 19 March 2024

Jenni Minto

To go back to the silent prayer issue, I think that it is important to highlight that the Supreme Court also recognised silent prayer in its views on the Northern Ireland legislation, and acknowledged that it could cause distress.

As for other types of protest, as I have said previously, the legislation is narrow and specifically covers people who protest against abortion or who offer the pro-life message. Other demonstrations do not fall under the legislation.

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