New laws creating buffer zones around abortion clinics will be debated in the Victorian Parliament this week amid concerns about religious protesters harassing women as they enter the facilities.
Key points:
- Bill seeks to establish 150m “safe access zone” around clinics
- Protestors said laws remove right for peaceful activity
- Rachel Carling-Jenkins is concerned over bill’s tough penalties
- Fiona Patten says bill concerns medical privacy
The bill, introduced by Sex Party MP Fiona Patten, seeks to establish a 150-metre “safe access zone” around clinics offering abortions to keep protesters away from patients.
It proposes fines and even jail terms for repeat offenders.
Footage supplied to the ABC by pro-choice campaigners showed what some women are faced with when they arrive at the Fertility Control Clinic in East Melbourne.
A female protester was seen blocking a woman from leaving her car after she pulled up outside the clinic, speaking quietly to her as the clinic’s security guard tried to intervene.
[The protester’s] behaviour can be quite like stalking, so they will walk behind someone in their space, they will go up to the car and make it difficult for them to get out of their car.
Dr Susie Allanson, East Melbourne Fertility Control Clinic
The male security guard told the woman in the car: “Madam, I will escort you in, I work here.”
As the woman left the car, a female voice could be heard saying: “Don’t kill your baby.”
Another clip showed a protester stopping a couple on the street as they approached the clinic.
Ms Patten said the footage was a clear example of the kind of harassment women face from the protesters, called Helpers of God’s Precious Infants.
“There are these types of behaviour going across Victoria, across Australia, and it’s time for it to stop,” she said.
“If this had been for any other medical procedure we wouldn’t have allowed it.”
Dr Susie Allanson from the Fertility Control Clinic said the protesters could have a serious impact on some of the women who attend the clinic.
“Most women will find it unsettling, but those who are resilient will be able to get over that quickly. Other women can be very distressed by it,” she said.
“Their (the protester’s) behaviour can be quite like stalking, so they will walk behind someone in their space, they will go up to the car and make it difficult for them to get out of their car.
“They can film patients sometimes. Generally it’s just very distressing and confronting.”
Dr Allanson said the “buffer zone” laws would mean women could be dropped off in a car, or get off a tram, without having to run the gauntlet of protesters.
Bill will ‘criminalise peaceful activities’
Opponents of the bill said it was an attempt to muzzle a group in the community that has legitimate views about abortion.
Members of the Helpers of God’s Precious Infants are outside the East Melbourne clinic six days a week and also picket other abortion clinics in suburban Melbourne and regional Victoria.
It will criminalise peaceful activities. We could be jailed for peacefully praying, singing, displaying a poster or handing out a pamphlet.
Statement from Helpers of God’s Precious Infants
The protesters had a win last week when a bid by the clinic to force the City of Melbourne to remove the group from the footpath was dismissed by the Supreme Court.
The group declined to be interviewed by the ABC, but in a statement said the proposed laws would remove their right to take part in peaceful activity.
“The aim of the bill is to prevent women from hearing about the assistance we can give,” the statement said.
“It will criminalise peaceful activities. We could be jailed for peacefully praying, singing, displaying a poster or handing out a pamphlet.
“The Helpers’ pro-life advocacy has, over the past 22 years, helped save the lives of over 300 babies.
“It is these women who will be most affected by this proposed law, as they will be deprived of the choice of even knowing about the help we can give.
“There are other laws that they could use against us; they don’t use them because they could not prove — in a court of law — any wrongdoing on our part.”
Upper House MP has free speech concerns
Democratic Labour MP Rachel Carling-Jenkins will vote against the legislation.
She said she had serious concerns about the way it was drafted, and the tough penalties it proposed.
“People have the right to protest, and they have the right to that freedom of speech everywhere, it doesn’t matter what the subject is,” she said.
“We need to note that at the moment the bill covers all reproductive health centres, so that means pharmacies, hospitals, GP clinics, anything.
“It’s a very, very broad bill as it stands now.”
Ms Carling-Jenkins said she did not believe protesters outside the East Melbourne Clinic harassed women or blocked access to the facility, and said claims they did were misleading and defamatory.
“Pro-life protesters do not get in the way of a woman accessing the clinic,” she said.
“They do not block her way, they do not block her exit out of a car.”
Ms Patten said the bill had nothing to do with the issue of abortion and was about protecting medical privacy.
“They can protest down the middle of Bourke Street, but let’s just not allow intimidation and harassment around a medical clinic,” she said.
Hoping for parliamentary support
Ms Patten said she was hopeful the bill would pass in some form, even if it was amended.
The Greens will support the bill, but it was unclear how the two major parties will vote.
The Liberal Party will decide this week whether to allow a conscience vote on the bill, after Opposition Leader Matthew Guy indicated he was supportive of the proposal.
The Labor Government is yet to decide how it will vote.
“I’m confident that the majority of MPs want to support it, should support it, and I’m hopeful that they will support it,” Ms Patten said.
“After 20 years of fighting for some form of medical privacy, some form of safe access into these clinics, I’m hopeful that will eventuate.”