Powers in draft law on safe access zones for abortion ‘fall short’, say gardaí

Gardaí are concerned that powers in the draft law on abortion safe access zones “fall short” of providing the tools needed to investigate serious offences.

Garda Deputy Commissioner Anne Marie McMahon will warn that the summary nature of offences under the law leaves the force without some important investigatory tools for serious cases, highlighting the example of “repetitive behaviour of intimidation or harassment of a service provider”.

Gardaí will also tell TDs and Senators on Wednesday that there is a lack of “practical” clarity on limits of the 100m zones near facilities providing abortion.

The Oireachtas committee on health will continue its pre-legislative scrutiny of the Health (Termination of Pregnancy Services [Safe Access Zones]) Bill 2022. The proposed law would mean exclusion zones created around any premises or building where abortion services can legally be provided.

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The Bill, if enacted, would prohibit “conduct ... which is intended to or may reasonably have the effect of influencing the decision of a person in relation to availing of, or providing, termination of pregnancy services, or interfering [with availing of abortion], or both” within 100m of a provider.

The draft Bill also includes an offence of harassment which could be punished with a €4,000 fine or one month’s imprisonment under a summary conviction for a first offence.

It says that serious offences may be indictable and under such convictions a €25,000 fine or one year in prison could be imposed.

‘Suspected offences’

In her opening statement to the committee, the deputy commissioner will suggest the harassment offence be reconsidered.

She will say: “While the proposed powers within the Bill are noted, they fall short of providing An Garda Síochána with an effective investigatory tool in the context of detentions or searches and seizures of evidence where suspected offences are serious in nature.

“For example, in a situation where there is repetitive behaviour of intimidation or harassment of a service provider under the Bill, there is no power to detain individuals or to conduct searches as the proposed offences are summary in nature.

“An Garda Síochána suggests that the specific offence of harassment is reconsidered in the context of this Bill in light of the existing offence of harassment that is available under the Non-Fatal Offences Against the Person Act 1997 and the existing proposed offence of harassment and stalking under the Criminal Justice (Miscellaneous Provisions) Bill 2022.”

Elsewhere in the statement, the deputy commissioner will say: “In relation to safe access zones, the difficulty from a policing perspective is the lack of clarity of a demarcation line on the limits of the zones in a practical sense.”

She will say one practical issue is warnings “in a crowd setting to individuals specifically”.

“An Garda Síochána would request that consideration is given to the provision of a general or crowd warning, by way of signage or announcement by loudhailers,” she will say and will add that the Garda welcomes the “proportionate approach outlined in the Bill. We welcome the proposed graduated response whereby it is intended that engagement with individuals will occur before any enforcement, which is similar to the approach taken to Covid-19 legislation.”

She will say the Garda have used the “four-E approach” of engage, educate, encourage, enforce and it has worked well.

“An Garda Síochána intend to adopt a similar approach with regard to the implementation of this legislation,” she will say.