Garda concerns over ability to police 'safe zones' at abortion clinics
Garda Deputy Commissioner Anne Marie McMahon said gardai have already been called to a number of protests. Picture: Oireachtas TV/PA Wire
Gardaí raised concerns about their ability to police safe zones around health facilities, despite already policing no-campaign zones around polling stations, at the Oireachtas Health Committee on Wednesday.
The hearing continued discussions on the proposed Health (Termination of Pregnancy Services [Safe Access Zones]) Bill 2022.
This proposes all healthcare facilities, not only those currently providing abortions, will have safe access zones of 100m around them.
An Garda Síochána Deputy Commissioner, Policing and Security, Anne Marie McMahon said gardaí have already been called to a number of protests.
She was unable to supply the precise number or locations when queried by Green Party TD Neasa Hourigan and Senator Martin Conway.
“In terms of prosecutions, there are to the best of my knowledge no prosecutions,” she said, saying they rely on existing legislation.
She welcomed plans to make enforcement a gradual issue, saying this reflects the Covid-19 approach of “engage, educate, encourage, enforce”.
However, she said: “the difficulty from a policing perspective is the lack of clarity of a demarcation line on the limits of the zones in a practical sense.”
It is not clear how a warning given in one site could continue to be in force at another site, she said, saying PULSE does not record warnings.
“A fresh express warning in respect of each Safe Access Zone would be more effective from a policing perspective,” she said.
It is not clear how crowds could be effectively warned individually, she said.
Gardaí are requesting consideration of general warnings either with signs or loud haler announcements.
People before Profit TD Brid Smith and others queried why gardaí cannot take a similar approach as to polling stations zones.
Garda Síochána human rights legal adviser, Superintendent Michael McNamara, said: “There is a slight distinction between the electoral acts and what is being proposed here. There is an option that is either 100m from the curtilage or 100m from the entrance.”
He understands a re-defining of these zones to start from the exit or entrance point is being examined.
There was some confusion around the number of facilities which gardaí will have to cover.
The deputy commissioner understood 19 maternity units provide most of the services.
However, hundreds of GP practices provide the medical terminations making up most of the service, Social Democrats TD Roisin Shortall said.
She was worried the Department of Health does not appear to be working on these “fundamental issues” with gardaí.
Superintendent McNamara told her he met Department officials once and will find out if his predecessors did so.
“I met with the department online on Monday last, all the issues we have raised here are actually under active consideration by the department,” he said. “It was the first meeting I’ve had with them.”
Garda Síochána executive director legal Kate Mulkerrins cited a real example of a 2,000-person protest near the Coombe maternity hospital.
“Signage is important, it’s not just on its own because they all link together. is key here,” she said, referring to a legal term indicating a person has criminal intent.
The gardaí suggested the specific offence of harassment is reconsidered in light of the existing offence through the Non-Fatal Offences Against the Person Act 1997 and the proposed offence of harassment and stalking under the Criminal Justice (Miscellaneous Provisions) Bill 2022.
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