Press release
Minister Donnelly announces government approval of the heads of bill to legislate for termination of pregnancy safe access zones
From Department of Health
Published on
Last updated on
From Department of Health
Published on
Last updated on
The Minister for Health Stephen Donnelly today announces that he has secured Cabinet approval to legislate for the designation of safe access zones around healthcare premises to safeguard access to termination of pregnancy services.
Minister Donnelly said:
"I am delighted that Government has agreed to these heads of bill. Nobody should be harassed, insulted, intimidated or interfered with in any way, or have their decision to access lawfully available healthcare services subject to attempted unsolicited influence by strangers.
"The heads of bill designate specified healthcare premises and 100 metres surrounding their perimeter as safe access zones. The introduction of safe access zones will protect the freedom to access termination of services without impediment and the privacy and dignity of women accessing health services, as well as the service providers, and their staff in the course of their duties and responsibilities."
The heads of bill have been developed with the support and input of representatives of the Departments of Health and Justice, the HSE and An Garda Síochána. Following the Government decision to approve the heads of bill, a formal Bill will be drafted by the Office of the Attorney General, in consultation with the Department of Health.
The heads of bill will be published on the department’s website shortly. The department intends to engage directly with the Office of the Director of Public Prosecutions, the Irish Human Rights and Equality Commission and Irish Council for Civil Liberties, seeking any observations they may have.
Minister Donnelly said:
"I am looking forward to working with my colleagues on the Oireachtas Committee on Health to progress the heads of bill. Introducing safe access legislation is a government priority and I am pleased to have reached this important milestone in the process. I wish to acknowledge the helpful public discussion on safe access zones over recent months, and in particular the work of the Together for Safety group in informing the development of legislative proposals.
"I am committed to seeing the Bill drafted as quickly as possible so it can be introduced to the Oireachtas, and I would appreciate support for that Bill when it is introduced."
In 2018 the thirty-sixth Amendment of the Constitution of Ireland was subject to a referendum with more than 66% of those who voted approving the repeal of the Eighth Amendment of the Irish Constitution.
The Health (Regulation of Termination of Pregnancy) Act 2018 (“the Act”) was signed into law by the President on 20 December 2018 and all sections were commenced on 1 January 2019. The main purpose of the Act is to set out the law governing access to Termination of Pregnancy (TOP) services in Ireland.
The government committed to ensuring that anyone needing a TOP can access services in safety and this commitment is reflected in the Programme for Government to “establish exclusion zones around medical facilities.”
The aim of this General Scheme of a Bill and the underpinning policy is to ensure safe access to Termination of Pregnancy (TOP) services for women, service providers and their staff throughout the country. The policy objectives are to:
The General Scheme of the Bill proposes to designate safe access zones around sites that can provide TOP services in accordance with the Act of 2018, not just those that do. It is proposed that a zone, consisting of 100 metres surrounding or adjacent to each of these healthcare premises will be designated. This will include the premises (buildings and land and curtilage) of hospitals, community care and secondary care centres, being predominately general practitioners.
Conduct which intentionally or reasonably would have the effect of influencing the decision of a person in relation to availing of, or providing, termination of pregnancy services, or interfering with a person’s access to or provision of termination of pregnancy services will be prohibited in the safe access zones.
Such conduct will include, but not limited to:
1. interfering, or attempting to interfere, by any means, with any service provider, any person accessing or attempting to access the services of a healthcare provider or any person accompanying a person who is accessing or attempting to access the services of a healthcare provider;
2. blocking access or attempting to block access to a healthcare premises;
3. communicating in such a way as to deter or dissuade, or attempt to deter or dissuade, a person from accessing termination of pregnancy services;
4. communicating in such a way as to persuade, or attempt to persuade, a person to avail of termination of pregnancy services;
5. communicating in such a way as to deter or dissuade, or attempt to deter or dissuade, a healthcare provider from providing termination of pregnancy services;
6. engaging in conduct which is intended to, or could reasonably be expected to, exert moral pressure on a person in relation to termination of pregnancy services;
7. intimidating or harassing, or attempting to intimidate or harass, any service provider, any person accessing or attempting to access the services of a healthcare provider or any person accompanying a person who is accessing or attempting to access the services of a healthcare provider;
8. displaying or distributing, or attempting to distribute, any text, or images intended to, or which could reasonably be considered likely to, influence a person’s decision to access termination of pregnancy services;
9. displaying or distributing, or attempting to distribute, any text, or images intended to, or which could reasonably be considered likely to, influence a healthcare provider’s decision to provide termination of pregnancy services;
10. displaying any item, whether symbolic or otherwise, with the intended or likely effect of influencing a person’s decision to access termination of pregnancy services;
11. displaying any item, whether symbolic or otherwise, with the intended or likely effect of influencing a healthcare provider’s decision to provide termination of pregnancy services;
12. playing or using amplified music, voice or audio recordings or visual recordings relating directly or indirectly to termination of pregnancy or a foetus or both;
13. photographing or recording by any means a healthcare provider, person or persons providing services or assisting in the provision of services by a healthcare provider, any person accessing or attempting to access the services of a healthcare provider or any person accompanying a person who is accessing or attempting to access the services of a healthcare provider without the person’s consent;
14. offering, or attempting to offer, in any unsolicited way, counselling in respect of termination of pregnancy or pregnancy or both to any person accessing, or attempting to access, the services of a healthcare provider or to any person accompanying a person who is accessing, or attempting to access, the services of a healthcare provider, or both
A range of penalties will be available to the courts where a person is convicted of an offence under the proposed legislation ranging from fines to imprisonment for more serious offences. Recognising the need to balance a range of rights and to further ensure proportionality in the approach to meeting the policy objectives, the legislation will also include some exceptions, including otherwise lawful activity within 100 metres of the Houses of the Oireachtas.
The government has agreed to draft a Bill based on the General Scheme and to publish the General Scheme on the Department of Health’s website. The publication of the General Scheme on the department’s website is expected in the coming weeks. The drafting of a final Bill is a priority for Government.