US Vice President JD Vance attacks Scotland's anti-abortion buffer zones

US Vice President JD Vance has been accused of “dangerous scaremongering” after hitting out at Scotland’s abortion buffer zones laws.

Donald Trump’s deputy criticised the UK and Europe for a “retreat” on free speech at the Munich Security Conference on Friday.

He referred to the conviction of Adam Smith-Connor, 51, who had denied breaching a safe zone around an abortion centre in England but was found guilty last year of failing to comply with a public space protection order in November 2022.

He criticised Safe Access Zones in Scotland – a 200m wide area outside abortion clinics to stop anti-abortion protesters gathering, leafleting, holding vigils, or showing graphic images to people near the sites.

“Now, I wish I could say that this was a fluke, a one-off, crazy example of a badly written law being enacted against a single person, but no”, Vance said.

“This last October, just a few months ago, the Scottish Government began distributing letters to citizens whose houses lay within so-called Safe Access Zones, warning them that even private prayer within their own homes may amount to breaking the law.

“Naturally, the government urged readers to report any fellow citizens suspected guilty of thought crime. In Britain and across Europe, free speech, I fear, is in retreat.”

In Scotland, offences covered by buffer zones apply to public spaces. However, people in private places could potentially prosecuted.

Scottish Government guidance says that someone who does something in a private place within the boundary of a zone that can be seen or heard in public areas could be committing an offence if it is done with the intention of influencing, impeding, or harassing service users.

In England, where the incident involving Smith-Connor took place, buffer zones apply within 150 metres of an abortion clinic. In Scotland, the zones apply within 200 metres.

Gillian Mackay, who introduced the law in the Scottish Parliament, criticised the VP calling his speech “total nonsense and dangerous scaremongering”.

“This is shocking and shameless misinformation from VP Vance, who is either very badly informed about what my Act has done or he is knowingly misrepresenting it,” she said.

“He is one of the most powerful people in the world, but he is peddling total nonsense and dangerous scaremongering.

“Nobody should be intimidated or harassed when accessing healthcare, and I am proud that my Act has put a stop to the graphic banners and the protests that far too many people were being forced to pass in order to access healthcare.

“The government that Mr Vance represents is a clear threat to reproductive rights. He has a shocking record on abortion and many other issues. He has supported calls to reduce access to healthcare and has even argued for a national ban on abortion rights across the US.”

Proponents of Safe Access Zones say women using a clinic can feel intimidated and distressed by the presence of someone standing in the area praying, even if they are not speaking.

Critics argue the rule undermines the right to freedom of religion and free speech.

Police Scotland is responsible for enforcing the legislation and those who break the law can be fined up to £10,000 under summary court procedure or fined an unlimited amount under solemn procedure for more serious cases.

The Smith-Connor case preceded the enforcement of the Public Order Act 2023 in England, which introduced the new rules on Safe Access Zones outside all abortion clinics following a free vote in Parliament that received cross-party support.

Smith-Connor had instead been charged with breaching a public space protection order under the Anti-social Behaviour, Crime and Policing Act 2014, which banned activity including protests, harassment and vigils.

He was given a two-year conditional discharge and ordered to pay more than £9,000 in court costs and victim surcharge after the legal proceedings brought by Bournemouth, Christchurch and Poole Council.

A Scottish Government spokesperson said: “The Vice President’s claim is incorrect. Private prayer at home is not prohibited within Safe Access Zones and no letter has ever suggested it was.”

“Safe Access Zones are designed to safeguard a woman’s right to access healthcare and protect their right to dignity and respect when they need it most.

“People continue to have the right to protest and to free speech, however, no one has the right to harass women, or to try to influence without consent their decision to access healthcare, or to impede their access to it in any way.

“The Act, passed overwhelmingly by Parliament, has been carefully drafted to capture only intentional or reckless behaviour close to a small number of premises providing abortion services. It does not – and has never been intended to – criminalise any particular action, including silent prayer.”