Sharon Keogan (Independent) | Oireachtas source

Two weeks ago, this Government introduced its Health (Termination of Pregnancy Services) (Safe Access Zones) Bill 2023 to the Dáil. When Senator Gavan brought forward his Safe Access to Termination of Pregnancy Services Bill 2021 two years ago, the Minister, Deputy Stephen Donnelly, outlined some of the legal concerns of which his Department advised him in relation to the legislation. Prime among these are the constitutional and human rights issues that could infringe upon such peaceful protest being prohibited, he said. He also stated that banning protests either for or against abortion within 100 m zones would have a profoundly broad definition because it would cover GP practices, family planning clinics, primary healthcare centres and hospitals. He noted that given the number of such centres in any given town or city, the application of a 100 m zone would have a serious impact on the ability of anyone to hold a protest for or against the termination of pregnancy in any location without the risk of inadvertently committing an offence. Yet, two years on, the Minister's own Bill now does precisely what he warned against. Indeed, it is so broad that it criminalises the expression of views that are merely likely to influence someone's decision to have an abortion.

This map plots a 100 m zone around each and every GP practice, hospital, clinic and family planning clinic in Dublin city centre. It covers an enormous amount of territory within which no person could do anything that might influence a woman's decision to have an abortion. This includes areas like O'Connell Street, where 100 m zones around the Rotunda Hospital and the Irish Family Planning Association, IFPA, centre on Cathal Brugha Street portion off one end of the street, while several medical centres near O'Connell Street portion of the other end. Therefore, a person who is walking down O'Connell Street with a sign that says “Choose life, not abortion” would be liable for six months' imprisonment and a fine of €2,500, but if the same person walked down O'Connell Street with a sign reading “Choose life - don't eat meat”, they will be perfectly within their rights to do so.