Safe Access Zones
Foilsithe: 17 Deireadh Fomhair 2024
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Foilsithe: 17 Deireadh Fomhair 2024
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
A Safe Access Zone is an area within 100 metres of an entrance or exit to a premises where a General Practitioner or/and gynaecologist/obstetrician provide services. The Zones also apply to the entrances and exits to acute hospitals campuses.
Safe Access Zones were introduced to ensure that people accessing termination of pregnancy services could do so in safety, dignity and privacy. They are designed to protect people against intimidation or influence from others.
Safe Access Zones came into effect on Thursday, 17 October 2024, under the Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024.
Within these zones, it is illegal to carry out certain activities that are intended to obstruct a person’s access to or exit from these premises.. Activities aimed at influencing a person’s decision in relation to termination of pregnancy services are also prohibited within the Zones.This includes distributing leaflets or displaying graphic images or coffins, photographing a person accessing services or repeatedly approaching or following them.
If a person carries out certain illegal activities within a Safe Access Zone, such as obstructing a person’s access, or attempting to influence a person’s decision in relation to termination of pregnancy services, they will first receive a Garda warning.
This means that a member of An Garda Siochana will speak to them and explain that their behaviour constitutes an offence. They will then have the opportunity to change their behaviour and avoid committing an offence. If, after receiving the warning, they continue to engage in prohibited conduct, they will be deemed to have committed an offence.
A person who is charged with an offence under the Health (Termination of Pregnancy Services)(Safe Access Zones)Act 2024 may be liable to a fine and/or a term of imprisonment of up to six months. Those who are found guilty of repeat offences may face harsher penalties. These penalties are in line with similar offences in other legislation.
If a protest march incidentally passes through a Safe Access Zone, the protest will not be prohibited provided it is not targeting specific healthcare facilities.
The legislation can apply to a person’s private property if it falls within a Safe Access Zone and borders a public place. For example, a person will not be permitted to protest against termination of pregnancy services in their garden or doorway if it is within a Safe Access Zone and next to a public place.
The law provides an exception in order to ensure that people providing healthcare services are not impacted in their work. For example, a healthcare provider may provide medical advice to a patient that they should not have a termination. This is not deemed to be illegal.
Protests for or against termination services which take place within 100 metres of the entrances or exits to the Houses of the Oireachtas are not prohibited under the legislation, regardless of whether they fall within a Safe Access Zone, provided they are not targeting a specific healthcare facility.
There is also an exception for activity within a place of worship. For example, a religious sermon intended to influence people in relation to termination of pregnancy services will not be prohibited, as long as it takes place inside the place of worship. This exception does not apply to the grounds outside a place of worship.