Laws around abortion safe access zones do not go far enough, gardaí say

Terminations are available at 11 maternity units while medical terminations take place at one third of GP practices and some reproductive health clinics. Picture: Gareth Fuller/PA Wire

Proposed laws to ensure safe access zones around facilities which provide abortion do not go far enough, gardaí will tell politicians on Wednesday.

Garda Deputy Commissioner Anne Marie McMahon will brief TDs and Senators on the legal impact of the Health (Termination of Pregnancy Services [Safe Access Zones]) Bill 2022.

She will say that there is a lack of "practical" clarity on the 100m safe zones.

Terminations are available at 11 maternity units while medical terminations take place at one-third of GP practices and some reproductive health clinics.

An Garda Síochána will tell the committee that there are concerns on the "practicalities of a warning given for a specific zone and this warning remaining in place for a zone in another part of the country".

"A fresh express warning in respect of each Safe Access Zone would be more effective from a policing perspective.

"Secondly there is a practical issue in relation to issuing warnings in a crowd setting to individuals specifically.

An Garda Síochána would request that consideration is given to the provision of a general or crowd warning, by way of signage or announcement by loud hailers."

The opening statement goes on to say that gardaí feel that the rules do not go far enough in allowing them investigate repeated breaches of the rules.

"While the proposed powers within the Bill are noted, they fall short of providing An Garda Síochána with an effective investigatory tool in the context of detentions or searches and seizures of evidence where suspected offences are serious in nature.

"For example in a situation where there is repetitive behaviour of intimidation or harassment of a service provider under the Bill, there is no power to detain individuals or to conduct searches as the proposed offences are summary in nature."

Anyone breaching new legislation on safe access zones for abortion facilities could face up to €2,500 or six months in prison.

However, someone found guilty of harassment could be fined up to €4,000 and jailed for a month.

The bill defines harassment or intimidation as taking the form of, but not being limited to, "repeatedly communicating with a service provider by letter, social media, telephone, text message, email, or other electronic or non-electronic means, persistently following, watching, monitoring, pestering, or besetting the service provider".