The UK Supreme Court is considering the validity of Northern Ireland’s ban on “direct” and “indirect” pro-life “influence” [1] in a 100m vicinity of abortion facilities in a hearing over two days this week.
The legislation in question – The Abortion Services (Safe Access Zones) Northern Ireland Bill – was adopted in the Northern Irish Assembly on 24 March 2022, having been sponsored by the leader of the Green Party in Northern Ireland, Clare Bailey, who subsequently lost her seat in the recent parliamentary elections.
Northern Ireland’s Attorney General, Dame Brenda King, referred the bill to the Supreme Court citing concerns that the legislation omits a defence of ‘reasonable excuse’ and is therefore incompatible with the European Convention on Human Rights.
One advocate against the law says Can the government should not be able to censor people in public spaces simply because of their pro-life views.
Jeremiah Igunnubole, Legal Counsel for ADF UK, says the criminalisation of any kind of ‘influencing’ is “vague, uncertain and reduces the threshold of criminality to an impermissibly low level”.
“This broadly drafted law would hand arbitrary power to police officers, with the inevitable consequence being the unjust arrest and prosecution of those expressing pro-life views, even though such views are protected under domestic and international human rights law,” he said.