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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 11 August 2025
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Displaying 1959 contributions

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Rural Affairs and Islands Committee

Salmon Farming in Scotland

Meeting date: 5 June 2024

Rachael Hamilton

That is really interesting. What would make that exercise more practical and meaningful?

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

I refer to my previously discussed amendment 43 on the measurement of zones. You are saying that if, in the future, you need to extend the zones, you will take advice from persons who have an interest. However, in the past, when you were considering an increase in the distance from 150m to 200m, did you consult those who would be captured in that—or is that for the future rather than the past?

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

With respect, convener, I would like to come back to the minister.

That was not what I asked. I asked whether the minister believes that the powers that are set out in the bill are sufficient to extend anything beyond 200m, because that circumstance could arise, whether it is from 150m or 200m.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

I completely agree. I think that it is a difficult landscape right now, because we do not know how other legislation is working in other legislatures. It would have been useful to find that out, but given that this is a brand-new area, we have to take the approach that is proposed. I completely appreciate what Gillian Mackay is saying.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

I thank the minister for that, but I am a bit disappointed that she will not work with me to get the words right so that they are legally competent. I will press amendment 42.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

Thank you.

Amendment 43 would reduce the safe zone distance from 200m to 150m. In its stage 1 report, the committee questioned why the default distance of safe access zones had been set at 200m, when evidence suggests that a distance of 150m would be sufficient for all locations except the Queen Elizabeth university hospital.

The committee therefore recommended an alternative approach of setting a standard distance of 150m for safe access zones in Scotland, then using the provisions that are set out in section 7 of the bill to extend that to address the specific circumstances of the Queen Elizabeth university hospital. That would mean that all protected premises that currently provide abortion services in Scotland would be covered. I am interested to hear the minister’s arguments for a requirement for a 200m zone, given that she has powers to extend the zone from 150m.

My concern is that there will be unintended consequences for those who are captured within this more extreme version of abortion buffer zones—more extreme than anywhere else in the world. Ultimately, my concern is that, although we want to deliver enforcement of the law, the impact on freedom of speech needs to be proportionate. This is about medical services and not other services that could be affected unintentionally.

I move amendment 43.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

I thank the committee for welcoming me. I note that I twice attended the First Minister’s working group on abortion service buffer zones.

Amendment 42 would insert, at the start of the bill, a purpose clause that sets out the bill’s aims and intentions. It outlines that the bill’s purpose is to ensure that people seeking safe access to abortion services and healthcare workers who provide that essential healthcare should be able to access and provide abortion services

“without fear of intimidation or harassment”.

The amendment would strengthen the bill by specifically outlining its purpose in the bill. It would provide clarity and ensure that the bill remained defined and focused.

I move amendment 42.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

Yes. Paul Sweeney will know that I am 100 per cent supportive of the bill. I just wanted to tease out some of the areas for which, for me, the boxes had not been ticked, if you like. However, I accept what Gillian Mackay has said.

I will not press my amendment, convener, but I still have concerns about the fact that I have not received reassurance from the minister on the use of ministerial powers to extend the zones.

Amendment 43, by agreement, withdrawn.

Amendments 9 to 14 moved—[Jenni Minto]—and agreed to.

Section 2, as amended, agreed to.

Section 3—Notification of proposed protected premises etc

Amendments 15 and 16 moved—[Jenni Minto]—and agreed to.

Amendments 44 and 45 moved—[Emma Harper]—and agreed to.

Section 3, as amended, agreed to.

After section 3

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

Thanks for your explanation. I do not believe that an impact assessment has been done of the unintended consequences of people being captured in the 200m zone. The committee recognises that ministerial powers would be in place to extend the zone from 150m, which is already—almost—a standard buffer zone across the United Kingdom, except for Northern Ireland. It is probably at the farther end of the most extreme measurement in the world.

Health, Social Care and Sport Committee

Abortion Services (Safe Access Zones) (Scotland) Bill: Stage 2

Meeting date: 28 May 2024

Rachael Hamilton

Does the minister not believe that the powers that are set out in the bill are sufficient to extend the zones? Indeed, it is suggested in the bill that 200m will be a minimum.