Safe access zones 'will allow women safely access abortion services'

During a debate on the Safe Access Zones bill in the Dáil, Stephen Donnelly said it would allow women to access abortion services safely and protection for healthcare workers to carry out the services. Picture: Gareth Chaney/Collins

Safe access zones outside healthcare facilities offering abortion care will provide women with “safety”, “privacy” and “dignity”, the Health Minister has said.

The legislation, which was approved by Cabinet last week, aims to protect pregnant people from being either harassed or intimidated when seeking to access a termination.

As part of the proposed laws, a 100m exclusion zone will be placed around the entrance and exit of all healthcare facilities that provide abortion services.

These healthcare facilities include GP practices, maternity hospitals, and family planning clinics.

During a debate on the Safe Access Zones bill in the Dáil, Stephen Donnelly said it would allow women to access abortion services safely and protection for healthcare workers to carry out the services.

“At its core, the Bill is about making sure women can access legally provided services safely and with privacy and dignity,” Mr Donnelly said.

It will also provide additional assurance to healthcare providers that they will be afforded protections should their services be the target of specified conduct that could interfere with their service provision and with their staff otherwise supporting the delivery of what is a lawful service.

However, he said the bill was within a “complex area of the law” as it sought to balance competing constitutional rights.

“Therefore, it is important that any legislative provisions introduced are capable of being implemented, enforceable and capable of standing up to any legal challenges that might be brought against them.”

Mr Donnelly acknowledged that abortion was a “sensitive issue” and that he understood some people had reservations about the legislation, but called for a respectful debate.

Enforceability concerns

While Sinn Féin’s health spokesperson, David Cullinane, welcomed the bill, he said that the Government had been “slow” to bring forward the legislation and raised concerns about its enforceability.

Mr Cullinane said there needed to be a “clear” system for recording all warnings issued by gardaí.

Under the legislation, gardaí will be able to issue people protesting within safe access zones with a “warning”, with criminal offences only occurring if the same person engages in protest on multiple occasions.

The offences themselves are due to be prosecuted within the District Court, with penalties being issued based on the number of offences.

The maximum penalty will be either a €2,500 fine or six months in prison for repeat offences.

Mr Cullinane said that the current legislation is “unclear” on whether warnings issued by gardaí can be recorded.

“As it stands, it is unclear if warnings will carry over to different locations or if the gardaí will be equipped to enable a tracking of warnings issued under this legislation,” Mr Cullinane said.

“That means that a person can receive a warning at multiple locations without committing an offence which would undermine the purpose of the Bill.”

Fianna Fáil TD Éamon Ó Cuív questioned whether pro-choice or anti-abortion protest marches that pass by facilities that provide abortion care would be impacted by the legislation.

He said he believed that people should not be harassed while trying to access healthcare services. However, Mr Ó Cuív said that “nobody” was aware of the reason people were attending healthcare facilities.