Secure access zones now in force in Ireland

Irish Health Minister Stephen Donnelly announced on Thursday (October 17) that the Health (Termination of Pregnancy) (Safe Access Zones) Act 2024 has come into force.

Since Thursday, secure access zones have been operational within a 100 meter radius of the entrance or exit of premises where a GP, obstetrician or gynecologist provides services. This includes GP clinics and family planning clinics as well as acute care hospitals.

The Department of Health says the law ensures that people who access termination of pregnancy services can do so safely and with dignity, without fear of influence or intimidation.

Minister Donnelly said on Thursday: “I confirm today that this extremely important legislation has come into force. It is fundamentally based on the need to support and protect people who need access to termination of pregnancy services.

“Patients who require these services are now legally protected from unsolicited influence, intimidation and pressure through a 100 meter zone of affected healthcare premises.

“At a time when they most need empathy and consideration, this law provides them with confidentiality and security.

“Getting to this point has been a long process with extensive engagement with a wide range of stakeholders. I am very pleased that we have reached this milestone in providing people with the protections they deserve when they need them most. Thank you to everyone who helped bring the legislation to this point. »

Implementation of secure access zones

In secure access areas, it is illegal to carry out certain activities intended to obstruct a person’s access or egress from where a GP and/or gynecologist/obstetrician is providing services.

The zones also apply to entrances and exits to acute care hospital campuses.

Activities aimed at influencing a person’s decision regarding termination of pregnancy services are also prohibited in the zones. This includes handing out leaflets or displaying graphic images or coffins, photographing a person accessing services or repeatedly approaching or following them.

Prosecutions under safe access zone legislation

If a person conducts certain illegal activities in a safe access area, such as obstructing a person’s access or attempting to influence a person’s decision regarding termination of pregnancy services, they will first receive a Garda warning.

If, after receiving the warning, they continue to engage in prohibited behavior, they will be deemed to have committed an offense.

A person charged with an offense under the Health (Termination of Pregnancy Services) (Safe Access Areas) Act 2024 may be liable to a fine and/or imprisonment of up to ‘at six months.

Those found guilty of repeat offenses face harsher penalties. These sanctions are consistent with similar offenses in other legislation.

Impact on otherwise legal protests

If a protest march accidentally passes through a secure access zone, the demonstration will not be prohibited provided it does not target specific health facilities.

Demonstration on private property

The legislation can apply to a person’s private property if it is in a safe access area and borders a public place. For example, a person will not be allowed to protest against termination services in their garden or at the entrance if they are in a safe access area and next to a public place.

Exceptions

The law provides an exception to ensure that people providing health services are not impacted in their work. For example, a health care provider may give medical advice to a patient that they should not undergo a termination of pregnancy. This is not considered illegal.

Protests for or against termination services that take place within 100 meters of entrances or exits to Oireachtas Houses are not prohibited by legislation, whether or not they are within a safe access zone , provided that they do not target a specific health establishment. .

There is also an exception for activities in a place of worship. For example, a religious sermon intended to influence people regarding termination of pregnancy services will not be prohibited, provided it takes place inside the place of worship. This exception does not apply to land outside a place of worship.