New UK Buffer Zone Bill restricts silent prayer near abortion clinics
On 31 October 2024, Section 9 of the Public Order Act 2023 (POA) came into force, introducing new restrictions on freedom of expression and religion within the so-called 'buffer zones' around abortion clinics in England and Wales.
Section 9 of the Public Order Act 2023 (POA), which is similar to provisions, which have been enforced in Scotland and Ireland, makes it an offence to intentionally or recklessly 'influence a person's decision to access or facilitate abortion services at an abortion clinic' within a radius of 150 metres. Anyone found guilty of violating the new laws faces an unlimited fine.
The offence is not limited to handing out leaflets or loudly protesting outside abortion clinics, but can also includes prayer, even if silent, according to the British government. In its guidance, published on the same day as the law came into force, the Crown Prosecution Service (CPS) claims that silent prayer near an abortion clinic 'does not necessarily constitute a criminal offence'. However, it could still be considered as such.
Indeed, the CPS has published guidance setting out how police and prosecutors should approach the enforcement of the new offence. The document is particularly worrying because it clearly states that (1) “there is no requirement that any person needs to be affected (for example, influenced, obstructed or caused harassment, alarm or distress)” and that (2) “the statute does not provide a defence to the offence to person(s) within SAZs [buffer zones] on religious or ethical grounds, or by using religious methods (such as silent/prayer or bible readings).”
Buffer zone laws have already had a serious impact on religious freedom in the UK. Just days before the POA came into force, Adam Smith-Connor was condemned by a court for praying silently in an abortion 'buffer zone' in England. Previously, Isabel Vaughan-Spruce was arrested, charged and tried for the first time in 2022 for praying silently in a local PSPO 'buffer zone' in Birmingham. More recently, on 15 January, Christian preacher Stephen Green was ordered to pay £7,500 for holding a Bible verse sign near an abortion clinic.
Section 9 of the Public Order Act 2023 (POA)
9 Offence of interference with access to or provision of abortion services
(1) It is an offence for a person who is within a safe access zone to do an act with the intent of, or reckless as to whether it has the effect of—
(a) influencing any person’s decision to access, provide or facilitate the provision of abortion services at an abortion clinic,
(b) obstructing or impeding any person accessing, providing, or facilitating the provision of abortion services at an abortion clinic, or
(c) causing harassment, alarm or distress to any person in connection with a decision to access, provide, or facilitate the provision of abortion services at an abortion clinic,
where the person mentioned in paragraph (a), (b) or (c) is within the safe access zone for the abortion clinic.
Source: Legal text - Section 9 of the Public Order Act 2023 (POA), gov.uk, assets.college.police.uk, apnews.com
Image: Wikimedia Commons
