The UK Supreme Court has ruled that a bill to outlaw pro-life protests outside abortion facilities, hospitals and health clinics in Northern Ireland is lawful. The Court ruled on Wednesday that the controversial bill does not “disproportionately interfere” with protestors’ rights.
In October 2021, a majority of Stormont parties voted to criminalise pro-life outreach and prayer outside places performing abortions in Northern Ireland. Described as “oppressive” by pro-life group Precious Life, the Abortion Services (Safe Access Zones) Bill was brought by former MLA and former abortion escort worker Clare Bailey.
It was subsequently voted through the assembly in March by a majority of parties. However, it was delayed from becoming law after the Attorney General of Northern Ireland intervened, voicing concerns that the bill may be unlawful. In May, permission was granted for the Attorney General to challenge the exclusion zone law through a judicial review.
The legislation, which would make it a criminal offence to protest or pray against abortion within the zones, can now go on to become law. It is not clear how long it will take to implement.
Attorney General, Dame Brenda King, had asked the Supreme Court to determine whether the bill was within the legislative competence of the Stormont Assembly. Her concerns were centred on the omission of what is referred to as the “reasonable excuse” defence from the bill.
Today, Supreme Court President Lord Reed said that judges had come to a unanimous agreement that the legislation was within the assembly’s competence. He said that while the bill does restrict the exercise of protestors’ rights under the European Convention of Human Rights, the restrictions can be justified as the bill has a “legitimate aim”.
Reaction to Ruling
While the Northern Ireland Human Rights Commission, which has long supported banning pro-life protests, welcomed the court’s ruling, the move was also met with strong condemnation.
Precious Life, Northern Ireland’s largest pro-life group, described the ruling as “a travesty of justice”.
“The Court ruling on the draconian and discriminatory so-called “Abortion Safe Access Zones Bill” means any woman or man praying within 150 metres of an abortion centre will be branded a criminal and punished on conviction by fines up to £2500,” the organisation said.
The organisation, which conducts pro-life outreach sessions outside abortion facilities on a regular basis in Northern Ireland, went on to point out:
“Holding a sign; distributing leaflets; talking to a woman to offer her help, or simply praying outside an abortion centre will now be a crime,” adding:
“The judges in the Supreme Court ruled this is appropriate and justifiable, even though it breaches rights of freedom of speech and assembly protected by the European Convention on Human Rights”
Precious Life said it is now determined to “create safe zones” for the unborn.
“Precious Life will not be deterred by this court ruling,” director Bernadette Smyth said. “Our legal team are now working on how this ruling can be appealed, and challenged in the European Court of Human Rights.
“Meanwhile, we will redouble our efforts in our public awareness campaigns to expose the horrific reality of what abortion does to an innocent baby in the womb.
“In a humane society, the safest place for a baby should be their mother’s womb. Precious Life will work to create ‘safe zones’ for all unborn babies and their mothers throughout Northern Ireland”.
Meanwhile evangelical Christian organisation Abolish Abortion NI said that the Supreme Court judgement “criminalises the Gospel”, as it decried the judgement in a statement today. The group said that abortion clinic ministry would continue to save lives “in spite of today’s judgement”.
“The Christians associated with us do not go to abortion clinics to protest against abortion. They go to show love, compassion and support to their neighbour,” the organisation said.
“Today’s Supreme Court judgement is nothing new. For over 2000 years Governments have sought to silence the sharing of the Gospel […] Abortion clinic ministry has already saved lives in Northern Ireland and will continue to do so in spite of today’s judgement”.