A 75-year-old grandmother’s arrest outside a Glasgow hospital has reignited fierce debate over Scotland’s abortion buffer zone legislation, drawing international condemnation from the Trump administration and raising fresh questions about freedom of speech in Britain.
Rose Docherty was led into the back of a police van on Glasgow’s Hardgate Road, outside the Queen Elizabeth University Hospital, on Wednesday whilst holding a sign reading “Coercion is a crime, here to talk, only if you want.” The pensioner, who has a double hip replacement, was detained for several hours without being provided a chair in her cell, before being released on bail with conditions preventing her from entering an area even wider than the initial 200-metre buffer zone around the hospital.
The US State Department denounced Ms Docherty’s arrest as “egregious”, warning that “common sense and basic civility are under attack” in Britain. A State Department spokesman told The Telegraph: “When 75-year-old grandmothers are being arrested for standing peacefully and offering conversation, common sense and basic civility are under attack.”
The arrest marks the second time Ms Docherty has been detained under Scotland’s Safe Access Zones Act, which came into force on 24 September 2024. She was the first person arrested under the buffer zone law following a similar incident in February. Police at that time offered her a formal warning requiring her to admit wrongdoing, but Ms Docherty, supported by Christian legal advocacy group ADF International, rejected the warning. In August, Scotland’s Procurator Fiscal dropped the case and withdrew the warning.
International Scrutiny Intensifies
The case has attracted significant international attention, particularly from US Vice President JD Vance, who highlighted Scotland’s buffer zone legislation during his controversial speech at the Munich Security Conference in February. Vance claimed that residents in these “buffer zones” had been warned that even private acts of prayer in their homes could result in legal repercussions.
His comments sparked immediate backlash from Scottish politicians, with the legislation’s architect, Gillian Mackay MSP, initially dismissing Vance’s claims as “shameless misinformation”. However, in a subsequent BBC Scotcast interview, Mackay made a startling admission that appeared to vindicate Vance’s concerns. When asked if “performative prayer” with “clasped hands”, visible from a window, could be prosecuted, she responded: “well, that depends on who’s passing by the window.”
The Green Party politician’s comments have fuelled criticism from free speech advocates. Lois McLatchie Miller, Scottish spokesperson for ADF International, said: “Gillian Mackay confirmed that ‘performative’ prayer could be a crime, ‘depending on who is passing by the window. The accusation of prayer being ‘performative’ rather than genuine lies in the eye of the beholder.”
Understanding Scotland’s Buffer Zone Legislation
Safe Access Zones prevent certain activities around clinics and hospitals that provide abortion services, including doing something which either intends to (or is reckless as to whether it will) influence someone’s decision to access, provide or facilitate the provision of abortion services. The zones typically extend 200 metres from the boundary of protected premises.
Examples of acts that may constitute an offence include holding up signs with anti-abortion messages, physically blocking the entrances to protected premises, and protesting. Those convicted face fines up to £10,000, or an unlimited amount in more serious cases.
The legislation passed the Scottish Parliament by an overwhelming margin of 118 votes to 1 in June 2024, with supporters arguing it protects women from harassment and intimidation when accessing healthcare services. Green MSP Gillian Mackay, who introduced the bill, stated at the time: “This is a crucial day for reproductive rights and healthcare in Scotland.”
Legal Challenges and Civil Liberty Concerns
After her latest arrest, Ms Docherty maintained her innocence, stating: “Everybody has the right to engage in consensual conversation. I held my sign with love and compassion, inviting anyone who wants to chat, to do so – and stood peacefully, not approaching anyone. I should not be treated as a criminal for inviting people to chat with me – lending a listening ear.”
Lorcan Price, legal counsel for ADF International, criticised the allocation of police resources: “It’s deeply concerning that Scottish policing resources are being ploughed into arresting and prosecuting a peaceful grandmother offering to speak to people in public, rather than focusing on the problems caused by real crime in Glasgow.”
The controversy extends beyond Scotland’s borders. Safe access buffer zones will be enforced in England and Wales from 31 October, with similar 150-metre exclusion zones around abortion facilities. The legislation has already resulted in several high-profile cases, including that of Adam Smith-Connor, a military veteran convicted of silently praying outside an abortion centre in Bournemouth, who was ordered to pay more than £9,000 in court costs.
Government Response and Enforcement
Police Scotland confirmed the arrest in a statement: “Officers attended and a 75-year-old woman was arrested and charged in connection with a breach of the Safe Access Zone legislation.” The force is responsible for enforcing the legislation across 30 healthcare facilities in Scotland.
The Scottish Government has defended the legislation, with a spokesperson stating that the 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.” They maintain that people continue to have the right to protest and free speech, but “no one has the right to harass women, or to try to influence without consent their decision to access healthcare.
However, critics argue the law goes too far in restricting fundamental freedoms. The case has highlighted tensions between protecting access to healthcare services and preserving rights to freedom of expression and assembly. Letters were sent to residents warning that “intentional and reckless” protests in their own homes could be an offence under Scotland’s buffer zone law.
What Happens Next
Ms Docherty’s case is expected to proceed through the Scottish courts, with her legal team at ADF International preparing to challenge what they describe as an “illiberal travesty” of a law. The case could potentially set important precedents for how buffer zone legislation is interpreted and enforced across the UK.
The controversy shows no signs of abating, with the Trump administration’s intervention adding an international dimension to what was initially a domestic legal matter. As similar legislation comes into force across Britain, the balance between protecting women accessing healthcare services and preserving fundamental civil liberties remains a contentious issue.
The debate extends beyond abortion services to broader questions about freedom of expression in modern Britain. With buffer zones now established across Scotland and soon to be enforced throughout England and Wales, the implications for peaceful protest, religious expression, and even private prayer continue to generate heated discussion on both sides of the Atlantic.
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