No automatic ban on silent prayer in protected zones outside abortion clinics
Silent prayer will not be automatically banned in new protected zones around abortion clinics in England and Wales coming into force on Thursday.
Instances will be dealt with on a case-by-case basis, with police and prosecutors deciding around the intent or recklessness of the person involved.
Pro-choice campaigners had called for a total ban on silent prayer within the zones, arguing a woman using a clinic can feel intimidated by the presence of someone standing in the area praying, even if they are not speaking.
But opponents of the new law have repeatedly insisted not allowing silent prayer is a “gross intrusion in the right of freedom of religion, free speech”, with the Society for the Protection of Unborn Children (SPUC) indicating they could seek legal action, saying any inclusion of silent prayer “needs to be properly tested in the courts”.
Safe access zones, covering a 150-metre radius, are part of the Public Order Act which was passed 18 months ago.
Offence
Under section 9 of the Act, it is an offence for someone to, within this area, do anything that intentionally or recklessly influences someone’s decision to use abortion services, obstructs them, or causes harassment, alarm or distress to someone using or working at the premises.
There has been a delay in implementing the so-called buffer zones since the law was passed last year, as arguments persisted around whether silent prayer should be included.
Crown Prosecution Service guidance states that a person carrying out activities within a zone such as silent prayer “will not necessarily commit a criminal offence”.
It adds: “Prosecutors will need to consider not only all the facts and circumstances of the particular conduct but also the context in which the conduct takes place.”
Safe zone
The person suspected of an offence does not have to know or believe they are in a safe access zone, the guidance states.
It is understood local police forces will work with clinics to decide whether signage marking out the zones would be helpful or not.
Anyone prosecuted faces an unlimited fine.
The full CPS guidance and a brief from the College of Policing are due to be published on Thursday.
Ailish McEntee, a safeguarding midwife for abortion provider MSI Reproductive Choices, said the implementation of the zones is “hugely important” to ensure confidentiality, privacy and safety for women to access services “without being intimidated or harassed by any anti choice protesters”.
She spoke to the PA news agency as a group of men stood outside the MSI central London clinic ahead of the zones coming into effect, three singing and praying while holding rosary beads on the opposite side of the road, and one directly outside the entrance offering leaflets to those who entered.
Anti-abortion campaign groups have argued they seek to provide support to people who might be facing coercion and offer “genuine choice” to women.
Ms McEntee told PA: “Most of the time, the women have come and they’ve made the decision, they’ve made their mind up.”
She said she would be “really disappointed if there were exceptions allowing silent prayer within the buffer zones”, adding: “We know that women have reported feeling intimidated by anti-choice protesters that are utilising silent prayer.”
Ms McEntee added: “We’re not saying that people can’t silently pray. They just have to do it outside of the perimeters. And I think that’s really important, because the fact that they may be doing it quietly doesn’t stop it being potentially intimidating to the women that come into our clinics.”
In March 2023 MPs rejected attempts to allow silent prayer in the zones, voting down an amendment from a group of Tory and DUP MPs aimed at ensuring no offence is committed if a person is “engaged in consensual communication or in silent prayer” outside the clinics or hospitals offering abortion services.
Disproportionate
Bishop John Sherrington, of the Catholic Bishops’ Conference of England and Wales, said the Government had “taken an unnecessary and disproportionate step backwards in the protection of religious and civic freedoms in England and Wales” in bringing in the new law.
He said: “Religious freedom includes the right to manifest one’s private beliefs in public through witness, prayer and charitable outreach, including outside abortion facilities.”
It is not expected there will be a police presence in place on Thursday outside clinics, with staff instead continuing to follow the usual practice of calling officers if there is a problem.
Legislation creating buffer zones around abortion clinics in Scotland came into force in September while they have been in place in Northern Ireland for a year.
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Surely they could pray silently outside the zones.
Disgusting, take their personal choices elsewhere. Silent pray from home even. Preying on people, forcing their cult on people is very unkind. Sort of goes against the teachings of their culture.
It should be automatic ban. Straight to court/fine inside the zone.
But an all seeing superior being, why not pray to that being at home, surely your god will hear you there.
The point of these zones which in fact should apply to all hospitals and to schools as well is to prevent intimidation. It should be a rule that no loitering by persons not entering, leaving, or collecting people from the site should be allowed. The prayer business is nonsense. You can pray anywhere you like although in some faiths you get extra points for saints graves etc I don’t think that applies to secular random buildings.