AN SNP minister has insisted that councils can introduce bylaws to roll out buffer zones to protect women attending medical appointments – despite council leaders being handed legal advice ruling out the move.

Legal advice released by Cosla, the umbrella organisation for Scottish councils, on Friday confirmed that any measures to introduce buffer zones must be doe nationally – warning that to do so on a local authority basis would be unlawful.

Greens councillor Claire Miller first attempted to use bylaws in Edinburgh in 2019 to set up buffer zones but was told by council officials it could not be done.

SNP Public Health Minister Maree Todd has stressed that the Scottish Government has a “commitment to support any local authority who wishes to use bylaws to establish buffer zones”.

She added: “We are all agreed in the Scottish Parliament – and it seems in local government too – that it is absolutely unacceptable for any woman to face harassment when accessing health care.

“I'm not trying to shift the burden on to local authorities but we don't share the view that bylaws cannot be used and we will work with them to explore every possible avenue to find a way forward.

“Ministers will look at bringing together key parties as soon as possible to discuss potential solutions. And in addition, the Scottish Government looks forward to the member's bill being proposed by Gillian Mackay and I'm happy to discuss her proposals with her.”

The debate comes a year after the student-run group, Back Off Scotland, was first established with the goal of securing national 150-metre buffer zones around clinics providing abortion services.

Protests often take place outside Chalmers Sexual Health Clinic in Edinburgh.

But Labour’s Katie Clark suggested that “it’s the responsibility of the Scottish Government to ensure that women have safe access to NHS services”.

She added: “We know that seven hospitals and clinics in Scotland have been repeatedly targeted.

“So will the minister not agree, given that there does seem to be legal problems, but also we don't want a postcode lottery with some local authorities taking action and others not?

“Will the minister know consider Scottish-wide legislation to create buffer zones roundabout facilities?”

Ms Clark also warned that councils could not be left to bring forward plans “where they’re being advised that they don’t have legal competence.”

Ms Todd said her officials are meeting with Cosla and other council representative next week, but stressed that “we don't share the view that bylaws cannot be used”.

She added: “I plan to also convene a ministerial working group so I will be taking the lead to bring together interested parties, Cosla, health, police to find a way forward urgently.

“I'm absolutely determined to make progress on this and I have been absolutely crystal clear - I don't disagree with Gillian Mackay on this issue. In many ways, I look forward to seeing the legislation that she brings forward. We'll look closely at the detail of that, but the principles I think we are largely agreed on.”

Ms Mackay, who will bring forward legislation on buffer zones, said: “Given the primary legislation will take quite a while to come forward and there does seem to be a legal impasse between the Scottish Government and local authorities, has the minister given any thought to what would you put in temporarily to make sure that women are not harassed when accessing these facilities?”

LibDem leader Alex Cole-Hamilton asked that “if the minister is determined that there is a difference of legal opinion here” between councils and Government officials, will the government publish any legal advice they have received contradicting that given to local authorities.

Ms Todd suggested that legal advice could not be published.