Dáil Éireann Debate, Tuesday - 11 July 2023
832. Deputy Carol Nolan asked the Minister for Health if, on foot of his Department's preparation for the introduction of the Health (Termination of Pregnancy Services) (Safe Access Zones) Bill 2023, he will state how many places of religious worship, and/or grounds or other land associated with the building, will fall within the so-called "safe access zones" which will be established by the Bill; and if he will make a statement on the matter. [34247/23]
View answerThe Government is committed to ensuring that anyone needing a termination of pregnancy can access services in safety and with privacy and dignity. Government approved the General Scheme of a Bill on 27th July 2022 and it was published on 5th August 2022. Since that time officials from my Department have worked with the Office of the Attorney General and other relevant stakeholders to draft the text of a Bill.
The purpose of the Health (Termination of Pregnancy Services (Safe Access Zones)) Bill 2022 is to ensure safe access to termination of pregnancy services for women, service providers and their staff throughout the country.
The Bill will designate Safe Access Zones of 100 metres from an entrance or exit to a premises where obstetricians/gynaecologists and general practitioners provide services. The Zones will also apply to hospitals that provide acute inpatient services within the meaning of Section 51 of the Health Act 1970. Within those zones certain conduct aimed at impeding access or influencing decisions in relation to termination of pregnancy services will be prohibited.
It is recognised that this is a complex area of the law seeking to balance competing constitutional rights. The overarching aim of the legislation is to ensure that the effect on the rights of those affected is proportional to the objective sought to be achieved. With this in mind there is a specific exemption under Section 3 of the Bill for buildings of religious worship.
Another key safeguard in the Bill, is the requirement for a “Garda warning” as a precursor to the commission of an offence. This mechanism was introduced in order to enhance legal certainty and protection of rights, so that persons on risk of offending through commission of prohibited conduct were clearly made aware that they were engaged in prohibited conduct and that further conduct amounted to an offence.
This provides the person concerned with the opportunity to regulate their behaviour and avoid committing an offence. The criminal offence only occurs if the person engages in prohibited conduct after the warning is issued.
