Abortion protest-free zones 'could be unlawful on human rights grounds because they take in private homes' says solicitor
Northern Ireland's abortion protest exclusion zones could be unlawful because they take in a raft of private homes, says a campaign group.
Roger Kiska, consultant solicitor to the Christian Legal Centre, made the comments amid a renewed focus on the zones in recent weeks after the US vice-president criticised them in a speech.
JD Vance had delivered an address in Munich which castigated European countries over a number of issues, among them the spread of protest-free zones in the UK.
He said the adoption of these zones is an example of how “in Britain and across Europe, free speech, I fear, is in retreat”.
For example, Mr Vance had said: "This last October, just a few months ago, the Scottish government began distributing letters to citizens whose houses lay within so-called safe access zones, warning them that even private prayer within their own homes may amount to breaking the law."
While these Scottish letters did not use the phrase "private prayer" specifically, they did say "activities in a private place (such as a house) within the area between the protected premises and the boundary of a zone could be an offence if they can be seen or heard within the zone and are done intentionally or recklessly".
Abortion protest-free zones, known as Safe Access Zones (or SAZs) have come into force across the UK and the Republic of Ireland in the last few years at the behest of pro-choice campaigners.
They make it illegal to "influence" people who are attending abortion clinics within a set exclusion zone surrounding that clinic.
In Northern Ireland, SAZs can stretch up to 250m (820ft) around premises.
There are eight SAZs in Northern Ireland at the minute: seven covering hospitals, and one covering the Rose Clinic in central Belfast.
As well as taking in public streets, Northern Ireland's SAZs also take in a number of private homes.
By the News Letter's estimate there are roughly 200 homes that fall within SAZs.
However, the way the law is written in Northern Ireland limits the effects of the SAZs to "the public area outside the protected premises" – ostensibly meaning that if someone were to engage in anti-abortion activities in their own house within an SAZ, they would be free to do so (unlike in Scotland, for instance).
Given that this is so, the News Letter asked the Christian Legal Centre – a London-based pressure group – whether it still believes NI residents within SAZs could fall foul of the law.
Mr Kiska responded: "By virtue of their habitual presence within the safe zone, they are obviously at higher risk of getting caught up by the law then someone who does not live within the zone.
"It means they have to be more vigilant in avoiding the appearance of any act which breaks the law than would the average citizen.
"There appears to be a discriminatory burden based on proximity which might violate elements of the European Convention on Human Rights (Article 8 taken in conjunction with Article 14 for example – right to privacy taken together with the prohibition against discrimination)."
James Kennedy, Northern Ireland Policy Officer at The Christian Institute, said: "A significant number of homes lie within these censorship zones.
"Those who live there must take care when they leave their front door if there is a chance of ‘influencing’ or ‘causing distress’ to someone there.
"Several churches also fall within the zones. Those driving to or from church could fall foul for displaying symbols or messages that are interpreted as ‘pro-life’.
"Having certain literature in a public area could cause a problem, and a particularly intransigent police officer may even take offence to the sight of scripture."