Abortion clinic 'buffer zone' law is discriminatory and 'lacks clarity'

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Christians have expressed concern about the imminent introduction of a ban on pro-life activities near abortion clinics in England and Wales. 

'Safe access zones' - also called 'buffer zones' - are set to roll out around abortion facilities from 31 October under legislation that was passed as part of the Public Order Act 2023 under the Conservative government. 

The buffer zones extend up to 150m of an abortion facility and ban "influencing" individuals within the boundaries. Breaching the terms of the buffer zones carries an unlimited fine. 

The Alliance Defending Freedom UK (ADF UK), which has assisted several pro-life volunteers in buffer zone legal cases, said that the term "influencing" was so broad that it risks criminalising people for consensual conversations or silent thoughts. 

Jeremiah Igunnubole, legal counsel for ADF UK, urged the Crown Prosecution Service and College of Policing to issue guidance making clear that freedom of thought and speech are protected in the UK. 

"Good law should be clear, consistent and predictable but the buffer zones legislation set to be enacted is vague and broadly drafted. By banning 'influencing' – a broad and sweeping term – over an area stretching 300m in diameter, the law is wide open to misinterpretation and abuse," he said. 

"In the places where 'buffer zones' already exist under local authorities, we have already seen three individuals prosecuted over the past two years, simply for praying silently in the privacy of their own minds.

"Engaging in silent prayer, or consensual conversation, are peaceful acts protected by human rights law. And whilst the government has heeded calls to refrain from naming these acts as criminal offences, the threshold for criminality remains intolerably unclear." 

He added, "Thoughtcrimes are for 1984 – not 2024."

Adam Smith-Connor, an army veteran, is standing trial for praying silently within an abortion clinic buffer zone in Bournemouth in December 2022.  

In August, pro-life campaigner Isabel Vaughan-Spruce received £13,000 in compensation from West Midlands Police for being wrongfully arrested twice over silent prayer within an abortion clinic buffer zone. 

The Catholic Church's lead bishop for life issues, John Sherrington, called the upcoming ban "an unnecessary and disproportionate step backwards in the protection of religious and civic freedoms in England and Wales". 

He said that existing law was sufficient to protect women from harassment and intimidation, and that the ban lacked clarity around prayer and offers of help. 

"In practice, and despite any other intention, this legislation constitutes discrimination and disproportionately affects people of faith," he said.

"Religious freedom is the foundational freedom of any free and democratic society, essential for the flourishing and realisation of dignity of every human person. Religious freedom includes the right to manifest one's private beliefs in public through witness, prayer and charitable outreach, including outside abortion facilities.

"As well as being unnecessary and disproportionate, we have deep concerns around the practical effectiveness of this legislation, particularly given the lack of clarity in relation to the practice of private prayer and offers of help within 'safe access zones'." 

Spokesperson for Right To Life UK, Catherine Robinson, said, "Hundreds of women have been helped outside abortion clinics by pro-life volunteers who have provided them with practical support, which made it clear to them that they had another option other than going through with the abortion.

"The implementation of buffer zones next month will mean that vital practical support provided by volunteers outside abortion clinics, which helps to provide a genuine choice, and offers help to women who may be undergoing coercion, will be removed for women and many more lives will likely be lost to abortion.

"It is unacceptable that the results of the government consultation on abortion buffer zone guidance was never released, especially given the unclear meaning of the legislation."