Abortion 'exclusion zone' legislation comes into effect

Minister for Health Stephen Donnelly has announced that from today, exclusion zones are in operation within 100 metres of abortion-providing facilities.

The legislation, Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024, outlaws conduct “aimed at impeding access or influencing decisions in relation to” abortion within ‘Safe Access Zones’, with anyone prosecuted and found guilty facing fines and/or imprisonment.

A wide variety of behaviours are now considered to be criminal offences when conducted in exclusion zones with intent, or recklessly, including such things as pro-life protest and the display or distribution of pro-life materials.

The legislation contains a requirement for a “Garda warning” ahead of commissioning an offence, which a Department of Health press release states will ensure that “people who are at risk of offending are made aware that they are engaged in prohibited conduct and that continuation of this conduct will amount to an offence”.

“This mechanism ensures that people have an opportunity to regulate their behaviour and avoid a criminal sanction,” it says.

The legislation can apply to a person’s private property if it falls within an exclusion zone, with the example provided on government websites of a person who will not be permitted to protest against abortion in their garden or doorway if it is within an exclusion zone and next to a public place.

Exceptions to the legislation include protest marches that pass through the zones, provided they are not targeting specific abortion-providing facilities, as well as protests for or against abortion which take place within 100 metres of the Houses of the Oireachtas.

Places of worship are also granted an exception, with the example given of a sermon intended to influence people in relation to termination of pregnancy services, which will not be prohibited as long as it takes place inside the place of worship.

However, this exception does not apply to the grounds outside a place of worship.

Sandra Parda of the Life Institute said that “every TD who voted for this bill knows very well that people involved in peaceful pro-life prayer and vigil are causing no harm”, adding that “it is entirely preposterous to argue that even silent prayer should be criminalised”.

She said that the Garda Commissioner had confirmed that the Gardaí required no additional powers to manage complaints regarding vigils at abortion centres, and that this law was “motivated by malice and spite”. 

“We’re seeing the abortion rate spiral to more than 10,000 abortions each year, and the focus of the government is to lock up people who pray for pregnant women outside an abortion centre or try to offer them help,” she asserted.

Meanwhile, Minister Donnelly said women seeking abortions are now “legally protected from unsolicited influence, intimidation and pressure with a 100-metre zone of relevant healthcare premises”.  

“At a time when they are most in need of empathy and consideration, this law provides them with privacy and security,” he said, adding that “getting to this point has been a long process with extensive engagement with a range of stakeholders”.

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Jason Osborne

    

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This article was first printed on Gript and is published here with permission

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