THE majority of Scottish councils are not considering bylaws which would implement buffer zones to limit pro-life protestors outside of abortion clinics, The National can reveal.
Earlier this week First Minister Nicola Sturgeon chaired a second summit on the issue with the “most affected councils”- Glasgow, Edinburgh and Aberdeen - who agreed to investigate if the 150-meter zones could be brought in at local level.
Scottish Greens MSP Gillian Mackay consultation on a Holyrood bill which would allow protest-free zones to be established outside of clinics closed on August 12 after receiving 12,000 responses.
While Mackay’s member’s bill is going through due process in the Scottish Parliament, which returns after summer recess next week, there have been discussions between the Scottish Government and local authorities over how to balance the rights of women to access these services without fear and intimidation with the right to free speech and protest.
The Scottish Government have previously said that bylaws could provide a solution, while authorities have said change must be made at a national level.
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However, not all local authorities have abortion clinics within their boundaries, with many patients being sent to larger council areas to undergo the procedure due to the overlap with Scotland’s 14 health boards.
Only Aberdeen City and Edinburgh councils confirmed to The National that they are trying to establish if bringing in bylaws could provide a temporary solution, while Glasgow, which has seen many protests in recent months, declined to comment.
Aberdeen City said that they had already agreed to investigate prior to the summit at a council meeting on July 13 this year.
The minutes confirmed that the authority agreed to “liaise with the Scottish Government in order to bring forward a bylaw to introduce buffer zones as a short-term measure” until national legislation is brought in.
Meanwhile, Edinburgh council said that they are awaiting the decision of the Supreme Court’s review of buffer zone legislation in Northern Ireland and whether it is within the devolved government’s powers which would “better inform” their position on the use of bylaws.
Deputy Council Leader Councillor Mandy Watt said that talks at the FM’s summit were “constructive” and committed to working with the Scottish Government and other local authorities to make “substantive progress as quickly as possible”.
She added: “The Council, working with other local authorities, is looking at the extent to which bylaws could be used and the timescale and impacts of this pending approval of national legislation.”
Glasgow said they would not be issuing a “separate” comment on the outcome of the summit but directed The National to the Scottish Government’s statement on the meeting, which read: “There are complex legal issues to resolve, but bylaws have not been ruled out and are very much an option on the table.”
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A total of 15 other councils said they were not actively investigating if bylaws could provide a solution, but some said that they would be open to considering them in the future.
East Lothian and Fife said they are not actively considering bylaws but added they were “monitoring” the national discussion, while Aberdeenshire, Highland, Inverclyde, Midlothian, North Ayrshire and the Scottish Borders are not considering them at all.
Angus, Orkney and East Ayrshire said that they were not considering bylaws as they are not within their “remit” and pointed to advice from SOLAR (Society of Local Authority Lawyers & Administrators in Scotland) in a report to Cosla.
David Mitchell, East Ayrshire’s Chief Governance Officer with Legal and Procurement, said: “We do agree with the view from SOLAR that by-laws are not a legally competent remedy, regardless of whether they could be effective if implemented, and that more specific powers need to be provided to either the Police and/or Councils to deal with these protests at specific sites rather than the blanket coverage of by-laws.”
Falkirk confirmed that they were not “actively considering” bylaws, but added that council leader Cecil Meiklejohn would be supportive of “considering” buffer zones.
North Lanarkshire also said they were not investigating using bylaws, with a spokesperson adding: “We will, however, discuss the issue with other local authorities to consider what can be done.”
Meanwhile, South Ayrshire said, “consideration may be given in future”, and West Lothian said the issue was more concentrated in cities like Glasgow and Edinburgh, adding that the authority hadn’t yet voted to adopt a formal position.
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Eight local authorities confirmed that they do not have abortion clinics and therefore bylaws are not required. They are Argyll & Bute, Clackmannanshire, East Dunbartonshire, East Renfrewshire, Moray, Shetland, South Lanarkshire and Stirling.
Dumfries and Galloway and Renfrewshire declined to comment, while Perth and Kinross directed The National to Dundee, as the Tayside abortion clinic is situated in Ninewells hospital in Dundee.
However, Dundee, Comhairle nan Eilean Siar and West Dunbartonshire did not respond to our request.
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