To ask His Majesty’s Government what progress they have made towards the implementation of safe access zones around abortion clinics as legislated for in section 9 of the Public Order Act 2023.
My Lords, the Government will issue non-statutory guidance to ensure that law enforcement agencies have a clear and consistent understanding around enforcement, and that abortion service providers and protesters are clear as to what is expected under the new law. The Government will launch a public consultation on the contents of the guidance at the earliest possible opportunity, and following consultation we anticipate commencing Section 9 in the spring of 2024.
My Lords, there is a great deal of foot-dragging in this. Both Houses supported the Public Order Act six months ago, which was to protect women accessing legal healthcare for their necessary rights. Yet in these months the most cruel demonstrations are going on outside clinics—for example, people wearing bodycams and holding out posters saying that babies are being murdered there. I do not see that a consultation is necessary; I urge the Minister not to delay the will of Parliament any longer but to get on with it and protect women from these very cruel demonstrations.
My Lords, I quite agree with the noble Baroness—it is totally unacceptable for anybody to be harassed or intimidated simply for exercising their legal right to abortion services. Personally, I find that very depressing to see. However, in terms of the public consultation, this is new legislation on an emotive topic, and there are strong views on all sides of the debate. Determining the appropriate balance will not always be straightforward. Therefore, to make sure that the legislation can be implemented effectively—that is the point—the Government have decided to launch a public consultation on the non-statutory guidance for safe access zones.
My Lords, we need to take account of the fact that the previous Home Secretary voted against safe access zones and has a history of opposing abortion rights. The noble Lord needs to give us an example of where—when the will of Parliament is so clear, as it is in this case—it has been necessary to have this kind of public consultation. We are very familiar with pre-legislative scrutiny and consultation in this House, but why are we seeing months-long delays? Can the noble Lord please give us a timeline?
I say to the noble Baroness that I already have: it will be commenced by the spring of 2024, and I am very happy to commit to making sure that that happens. The guidance is not straightforward because of the broad nature of the prohibited behaviours. For example, it is a criminal offence to intentionally or recklessly influence, which means that members of the public, the police and prosecutors will benefit from being aware of what could be criminalised within the zones. I totally take the noble Baroness’s point: I want to see this happen as soon as possible too.
Does my noble friend agree that these women will be in a very fragile state of mind, and it is highly undesirable that they should be subjected to coercive behaviour by the opponents of abortion?
Can the Minister confirm whether the Home Office plans to be in touch with local councils, abortion care providers and the police in coming weeks to discuss how these zones are best implemented?
Can my noble friend tell the House what advice will be given to police in the interim period to deal with those causing harassment and intimidation at the gates of abortion clinics?
My noble friend will be aware that a number of powers already exist, particularly around public space protection orders, which have been issued in a number of cases. Some guidance is already being deployed to local authorities, which have the powers to impose those public space protection orders where harmful behaviours are having, or are likely to have, a detrimental effect on the quality of life of those in the locality. There is plenty that the police can do already, but, as I say, the commencement will be by spring 2024.