Irish Examiner view: Total ban on abortion clinic protests is overdue

More thought must be given to the geographical boundaries of proposed exclusion zones - half a mile should be the minimum

Repealing the Eighth Amendment sparked an array of protests in Ireland. Picture: Getty

The question is not whether new laws should be introduced that curtail the right to protest and picket patients and staffoutside maternity hospitals and clinics providing termination of pregnancy services. The question is: Why has it taken us so long to put them in place?

It was clear from the moment that Ireland voted massively in favour of repealing the Eighth Amendment in May 2018 that dissenters would exercise ill-feelings and opposition in other ways. While it was initially promised that safe access zones would be established alongside the rollout of abortion facilities in January 2019, their implementation has become mired in a filibuster of legal and constitutional difficulties.

Into that vacuum have stepped those people who have been unwilling to accept the democratic decision of two thirds of the nation, but who have been willing to target those who seek to avail of legitimate medical treatment for what will be a complex and distressing range of reasons.

Research published by NUI Maynooth found that protests took place outside GP surgeries, hospitals, and other healthcare locations in 10 counties in 2021.

The report, authored by Camilla Fitzsimons, found that the most common form of protest was silent street gatherings, using props such as white crosses, followed by people displaying placards — often with graphic images of foetuses.

It says: “Domestic and international research has found these protests are intimidatory and upsetting for service users and are even a form of gender-based harassment. They can deter doctors from becoming service providers.”

This last point has been reinforced by senior HSE officials.

While the Eighth debate was taking place in Ireland, Britain was establishing a legal right to create buffer zones which limit how close anti-abortion campaigners can get to those who need to access services. The first to take up that option was the Marie Stopes clinic (now MSI Reproductive Choices) in Ealing, West London.

But the country has now decided that dealing with the issue on a case-by-case basis does not provide a nationwide network to safeguard patients from harassment. Obtaining a public spaces protection order depends on individual decisions made by local councils and can be expensive.

The Royal College of Obstetricians and Gynaecologists says:

The harassment and ongoing intimidation of women and staff outside of abortion clinics is unacceptable and would not be tolerated for any other healthcare service.

Last year in Australia, the safety and privacy of people seeking reproductive healthcare was fully protected in law when Western Australia became the final state or territory to implement safe access zones. European countries are treading the same path.

While any changes which limit rights to protest must be given serious contemplation, Ireland has taken too long to move against activities which were forecast and which target individuals using tactics which belong to a bygone, and darker, era by attempting to cause shame and distress.

More thought must now be given to the geographical boundaries of proposed exclusion zones. One hundred metres is not enough for those who are intent on pressurising and heckling people who are seeking, or providing, medical support. Half a mile should be the minimum.