The Catholic Bishops of Scotland said that the law ‘curtails Scotland’s commitment to freedom of expression and conscience, and restricts critical voices from democratic debate in the public square.’
Rose Docherty, 76, has become the first person to be charged under the Abortion Services (Safe Access Zones) (Scotland) Act 2024, a law that prohibits any conduct deemed to “influence” a decision about abortion within buffer zones of up to 200 metres around abortion facilities.
Ms Docherty was charged for holding a sign saying “Coercion is a crime, here to talk, only if you want” near the Queen Elizabeth University Hospital in Glasgow. She said after her arrest: “Everybody has the right to engage in consensual conversation. I held my sign with love and compassion, inviting anyone who wants to chat, to do so – and stood peacefully, not approaching anyone.”
The Catholic Bishops of Scotland said in a statement that “a law supposedly designed to protect choice, risks doing the opposite — eliminating one side of a conversation and one set of choices altogether”, because it means that “women experiencing crisis pregnancies may be denied the opportunity to freely speak to people and organisations who may be able to help them.”
The bishops continued: “The Catholic Church does not condone harassment or intimidation, but that was not the intention of this law. The Church has been clear: harassment, intimidation and obstruction are wrong and unacceptable. But Scotland already has robust laws to deal with harassment, public disorder and threatening behaviour.
“When parliaments introduce criminal offences where existing law is already sufficient, questions should be raised and alarm bells ring. We oppose this law because it is disproportionate and undemocratic. It represents state overreach and curtails basic freedoms.
“The Church would similarly oppose legislation mandating buffer zones outside nuclear weapons facilities or refugee detention centres. This should concern every Scottish citizen, regardless of their views on abortion.”
The bishops also said: “Official documentation accompanying the Act acknowledges that the law envisages criminalising ‘praying audibly’ and ‘silent vigils’. This is unprecedented in modern Scotland, and it is no wonder it has raised eyebrows around the world, with concerns raised around Scotland’s commitment to human rights and freedom of expression and religion.
“The implications go further. The Act extends to private homes within designated zones. A pro-life poster displayed in a window, a conversation overheard, a prayer said by a window; all could, in principle, fall within the scope of criminal sanction.
“When asked directly whether praying by a window in your own home could constitute an offence, Gillian Mackay, the Scottish Green Party MSP, who spearheaded the legislation, replied: ‘That depends on who’s passing the window.’ That sends a chill down the spine of anyone who cares about civil liberties. Criminal law that depends on the perception of a passer-by is certainly not the hallmark of a free Scottish society.
“The law also potentially criminalises a person standing alone in a buffer zone without any visible expression of protest, but who is deemed by others to be offering a silent pro-life inspired prayer.
“Some parliamentarians attempted to mitigate the effects of the law – proposing a reasonableness defence, or exemptions for chaplains who might be criminalised for pastoral conversations. All amendments were rejected or withdrawn.
“A society confident in its values does not fear opposing voices. It does not criminalise silent prayer. It does not ask its police or judges to peer into the minds of its citizens.
“Scotland’s buffer zones law represents a profound shift in the relationship between the State and the individual – one that restricts free speech, free expression and freedom of religion in ways that should concern us all."
“As we look to the child in the manger this Christmas and Epiphany, we are reminded that babies do not have a voice of their own. It is a shame that the State has now also curtailed the voices of ordinary citizens who advocate for them within its borders.”
In England and Wales, similar legislation came into force in October 2024, contained in section 9 of the Public Order Act 2023.
Catholic pro-life campaigner Isabel Vaughan-Spruce has already been arrested for silent prayer within an abortion clinic buffer zone and faces ongoing investigation.
When the law was announced in September 2024, Bishop John Sherrington, the lead bishop for life issues for the Catholic Bishops’ Conference of England and Wales, said: “This legislation constitutes discrimination and disproportionately affects people of faith.
“Religious freedom is the foundational freedom of any free and democratic society, essential for the flourishing and realisation of dignity of every human person.
“We condemn all harassment and intimidation of women and hold that, as was accepted in a Home Office Review, there are already laws and mechanisms in place to protect women from such behaviour.
“Religious freedom includes the right to manifest one’s private beliefs in public through witness, prayer and charitable outreach, including outside abortion facilities.”