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Ireland’s Minister for Health Stephen Donnelly announced on Thursday, October 17 that the Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024 has come into effect.
From Thursday, Safe Access Zones are in operation within 100 metres of the entrance or exit to premises where a general practitioner, obstetrician, or gynaecologist provides services. This includes general practitioner clinics and family planning clinics as well as acute hospitals.
The Department of Health says the law ensures that people who access termination of pregnancy services can do so in safety and with dignity, without fear of influence or intimidation.
Minister Donnelly said on Thursday: “I am today confirming that this hugely important legislation has come into effect. At its core is the need to support and protect people who need to access termination of pregnancy services.
“Patients who require these services 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.
“Getting to this point has been a long process with extensive engagement with a range of stakeholders. I’m very pleased that we have reached this milestone in providing people with protections they deserve at a time when they need it most. I would like to thank all those involved in getting the legislation to this point.”
Implementation of Safe Access Zones
Within Safe Access Zones, it is illegal to carry out certain activities that are intended to obstruct a person’s access to or exit from where a General Practitioner or/and gynaecologist/obstetrician provide services.
The Zones also apply to the entrances and exits to acute hospital campuses.
Activities aimed at influencing a person’s decision in relation to termination of pregnancy services are also prohibited within the Zones. This includes distributing leaflets or displaying graphic images or coffins, photographing a person accessing services or repeatedly approaching or following them.
Prosecution under Safe Access Zones legislation
If a person carries out certain illegal activities within a Safe Access Zone, such as obstructing a person’s access, or attempting to influence a person’s decision in relation to termination of pregnancy services, they will first receive a Garda warning.
If, after receiving the warning, they continue to engage in prohibited conduct, they will be deemed to have committed an offence.
A person who is charged with an offence under the Health (Termination of Pregnancy Services)(Safe Access Zones)Act 2024 may be liable to a fine and/or a term of imprisonment of up to six months.
Those who are found guilty of repeat offences may face harsher penalties. These penalties are in line with similar offences in other legislation.
Impact on otherwise lawful protests
If a protest march incidentally passes through a Safe Access Zone, the protest will not be prohibited provided it is not targeting specific healthcare facilities.
Protesting on private property
The legislation can apply to a person’s private property if it falls within a Safe Access Zone and borders a public place. For example, a person will not be permitted to protest against termination of pregnancy services in their garden or doorway if it is within a Safe Access Zone and next to a public place.
Exceptions
The law provides an exception in order to ensure that people providing healthcare services are not impacted in their work. For example, a healthcare provider may provide medical advice to a patient that they should not have a termination. This is not deemed to be illegal.
Protests for or against termination services that take place within 100 metres of the entrances or exits to the Houses of the Oireachtas are not prohibited under the legislation, regardless of whether they fall within a Safe Access Zone, provided they are not targeting a specific healthcare facility.
There is also an exception for activity within a place of worship. For example, a religious sermon intended to influence people in relation to termination of pregnancy services will not be prohibited, as long as it takes place inside the place of worship. This exception does not apply to the grounds outside a place of worship.