Northern Irish anti-abortion voices react to axing of protest buffer zone case in Scotland

Anti-abortion figures in the Province have come out to welcome the decision to halt the prosecution of Rose Docherty, 75, who was the first person in Scotland to be charged with violating one of the buffer zones.

There are currently eight such zones in Northern Ireland, mainly around hospitals, and people have been prosecuted for breaching them.

Ms Docherty was arrested after police were called to reports of an anti-abortion protest near the Queen Elizabeth University Hospital in Glasgow in February.

She had been holding a sign that read: “Coercion is a crime, here to talk, only if you want.”

The Scottish law has been criticised by, among others, JD Vance.

The Ulster-Scot US vice-president, who arrived in Scotland during the week for a holiday, had said in a speech in Munich in February that the Scottish government had been “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”

"Naturally, the government urged readers to report any fellow citizens suspected guilty of thought crime,” he had added.

"In Britain, and across Europe, free speech, I fear, is in retreat.”

Now, the Crown Office and Procurator Fiscal Service (COPFS) has decided to drop its case against Ms Docherty.

It said: "All Scotland’s prosecutors operate independently of political influence.

“After careful consideration of the facts and circumstances of the case, including the available admissible evidence, it was decided that there should be no further action taken at this time.

“The Crown reserves the right to take proceedings in relation to this incident in the future.”

Ms Docherty called the decision "a victory not just for me, but for everyone in Scotland who believes we should be free to hold a peaceful conversation".

In Northern Ireland, such zones are officially called Safe Access Zones.

They extend in a circle at least 100m (328ft) deep around the entrances of each protected facility.

Such zones can be extended to a maximum of 250m (820ft).

They were created thanks to the Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023, passed in the NI Assembly.

It made it illegal "to do an act in a safe access zone with the intent of, or reckless as to whether it has the effect of, influencing a protected person, whether directly or indirectly".

"Protected person" means anyone attending such a facility concerning an abortion, anyone accompanying them, and anyone working there.

Offenders face a £500 fine.

In the final vote on the matter in March 2022, it was passed thanks to the support of MLAs from the UUP, Alliance, SDLP, Sinn Fein, Greens, People Before Profit, and independent unionist Claire Sugden, against DUP and TUV objections.

The final vote tally was 55 in favour, 29 against.

In the wake of the Docherty decision, Upper Bann MP Carla Lockhart said: "We have consistently raised concerns that buffer zones by their very nature not only seek to curtail free speech but can criminalise the private thoughts of an individual.

"This of Rose Docherty represents a significant victory for common sense and for the protection of fundamental freedoms.

"Whilst it is a victory and sets a precedent in Scotland, we should all hope that it may also signal a change across the United Kingdom as a whole.

"There remain huge ongoing challenges, such as the fact that Isobel Vaughan-Spruce is once again under investigation for engaging in silent prayer on a public street in Birmingham…

"No-one should forget that these laws are not about tackling harassment or abuse.

"They are based on the notion of 'influence' being an offence. As we have witnessed, this can then be used against someone standing peacefully and even silently in the street.”

TUV equality spokeswoman Ann McClure said: "I very much hope that this is a foretaste of what we can expect when Pastor Clive Johnston’s case comes before our own courts.

"The 76-year-old, a former President of the Association of Baptist Churches in Ireland, is facing two charges under the Abortion Services (Safe Access Zones) Act for holding an open-air Sunday service on the fringes of a buffer zone on the other side of a dual carriageway from Coleraine’s Causeway Hospital."

The Presbyterian Church in Ireland said: “While we are unable to comment on the details of this particular case in Scotland, as a strongly pro-life church, the incident does appear to highlight some of the initial concerns that we expressed in November 2021 during the passage of the Abortion Services (Safe Access Zones) Bill through the Northern Ireland Assembly – especially in relation to freedom of expression and religious belief and conviction.”

And anti-abortion group CARE NI had said: “We welcome this common-sense decision...

“No-one should face prosecution for expressing legitimate and fair views, not least when they are expressed in a peaceful way.

“This case demonstrates what groups like CARE NI have always argued: that buffer zone policies and laws risk undermining free speech.

“They can too easily be used to try and stifle and supress views that the authorities deem wrong or inappropriate.

“But what qualifies them to make that determination?

“The same risk is present here in Northern Ireland thanks to the buffer zone policy in place.

“Freedom of expression is a fundamental right, and it must always be defended.”

The News Letter sought comment from the SDLP, Alliance, Greens, and Sinn Fein, but no responses had been received at time of writing.

Northern Ireland's eight current buffer zones are at:

The Bradbury Centre at Belfast City Hospital (150m);

Craigavon Hospital (100m);

Daisy Hill Hospital (130m);

College Street clinic in Belfast (130m);

Causeway Hospital (100m);

Altnagelvin Hospital (100m);

Lagan Valley Hospital (100m);

Ulster Hospital (100m).