Safe Access Zones

Designation of Zones

Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024 designates 100 metres Safe Access Zones around certain healthcare premises where conduct aimed at impeding access or influencing decisions in relation to termination of pregnancy services will be prohibited. The Act also makes provision for enforcement and the creation of offences in relation to such conduct.

Termination of pregnancy services are within existing mainstream health services. This was done both to embed the provision of termination of pregnancy into primary, community and acute services, and to ensure that services could be provided to those needing them in relative anonymity.

The 2024 Act  creates Safe Access Zones of 100 metres from an entrance or exit to a premises where obstetricians/gynaecologists and general practitioners provide services. This includes consulting rooms, family planning clinics, women’s health clinics etc. The Zones also apply to hospitals that provide acute inpatient services within the meaning of Section 51 of the Health Act 1970.

The Zones  apply in certain circumstances to shared properties and to private property.

Conduct Prohibited

The Act prohibits certain conduct within of 100 metres of certain healthcare premises that may provide termination of pregnancy services, which intentionally or recklessly, impedes access or influences the decision of a person in relation to availing of, or providing, termination of pregnancy services.

It is not intended to be a general prohibition on expression or assembly or protest in relation to termination of pregnancy services. The  aim of the provision is to protect a person’s access to a lawfully available healthcare service and protect their decision to access termination of pregnancy services from unsolicited influence.

Likewise, this also protects healthcare providers in their provision of termination of pregnancy services and their decision to provide termination of pregnancy services in order to ensure the availability of service.

Exemptions

The Act sets out exemptions that may apply in the context of prohibited conduct within Safe Access Zones and the corresponding offences. In doing so it further acknowledges and promotes, on a proportionate basis, the balancing of various human and constitutional rights.

The  Act does not impede, impact on, prohibit or criminalise anything done by healthcare and other staff of the healthcare provider in the normal function of the healthcare service.

Conduct which would otherwise be lawful, which occurs within a public place (building) of worship, is not prohibited. This is to protect, for example, sermons that may be given during church services. This exception would not apply to, for example, grounds outside of a church with a Safe Access Zone. This exception will avoid a situation where protestors may use the grounds of a church or other similar location to circumvent the prohibited conduct.

Right to Protest

The legislation does not interfere with the right to advocate in favour or against abortion, apart from in the limited areas covered by Safe Access Zones and in the limited fashion covered by the concept of “prohibited conduct” as set out. As such, the prohibition is not on the right to protest.

The prohibition is on exercising a right of protest within a Safe Access Zone in a manner that is intended to, or is reckless as to whether, the protest interferes with a person’s access to a facility for the purpose of availing of, or providing termination of pregnancy services.

Lawful protest outside the Houses of the Oireachtas is not prohibited by this legislative proposal (provided it is not aimed at a specific healthcare facility).

Enforcement

Powers are conferred on An Garda Síochána in relation to the enforcement of the legislation. The Act contains a requirement for a “Garda warning” as a precursor to the commission of an offence. The criminal offence only occurs if the person engages in prohibited conduct after the warning is issued. In line with a recommendation from the Joint Committee on Health there will also be a requirement to record the warning.

There are  standard powers of arrest and requirements to provide a member of An Garda Síochána with a name and address for the purposes of recording a warning.

The Act sets out the penalties arising for offences under the Act, which may be prosecuted summarily. Penalties are provided on an escalating basis, and harsher penalties may apply for repeat offences.