A COUNCILLOR who first proposed abortion clinic buffer zones in Scotland has been left “frustrated and perplexed” by the lack of action from the SNP Government to legislate.

SNP ministers have been urged to support national legislation for buffer zones outside abortion clinics after passing the buck onto councils to use bylaws to curb protesters despite questions raised over whether local authorities have the powers to do so.

But Cosla has previously warned that legal advice it has received is "unequivocal and confirms that local authorities cannot use byelaws to implement buffer zones at NHS reproductive health facilities".

Nicola Sturgeon has told protesters to instead focus on politicians at Holyrood instead of women accessing medical services for their demonstrations and said her Government was “actively considering how this parliament can legislate in a way that is effective and also capable of withstanding legal challenge”.

Last week, the First Minister also stressed the Scottish Government “will support any local authority that is willing to use by-laws to establish buffer zones”.

In an interview with LBC, SNP Public Health Minister Maree Todd said that “councils can do this using bylaw legislation”.

She added: “If individual councils were to legislate using bylaws, it would be a quicker solution to the problem that we face.”

Ms Todd pointed to calls asking ministers to “legislate nationally”, which she claimed was “trickier”.

She added: “To legislate nationally, we would have to be absolutely 100 per cent sure that it was necessary and proportionate under the European Convention of Human Rights.”

READ MORE: Nicola Sturgeon to chair abortion clinic buffer zones summit after 'deeply wrong' protests

Claire Miller, Green councillor for Edinburgh city centre, first proposed a buffer zone after protests outside the Chalmers Centre in the capital in 2018, but was told by council officers it would be a matter for police amid concerns it would need to be proportionate.

Ms Miller has now called on ministers to support legislation due to brought forward in a private members’ bill by her Greens colleague, Gillian Mackay, instead of calling on councils to bring forward local action.

She said: "The advice I've received from experts is that we need legislation.

“This same advice has been shared with the government so I am frustrated and perplexed by their lack of action.

“I am calling for the Government to urgently enable us to create buffer zones around health clinics so that everyone can access healthcare without the risk of encountering threatening and intimidating protestors."

Initial legal advice from Edinburgh City Council suggests that “local authorities do have the authorisation” to make an application to serve an antisocial behaviour order “to a particular individual, rather than a group of people who may be causing alarm or distress”.

It added that “the issue of dispersal or restriction of a public protest is a matter primarily for the police” but that councils “have a role to play in working with the police to raise concerns and provide information”

The advice said: “A senior police officer would have to deem the exercise of powers to disperse or restrict public assembly to be proportionate in the circumstances."

“In dealing with a particular individual who may be causing alarm and distress, local authorities do have the authorisation to make an application to serve an ASBO.”

Glasgow City Council has stressed that “access to legal abortion is a human right”, but has warned that “councils have very limited powers to intervene”.

A spokesperson added: "The best way to progress is to work with our partners across local and central government to try and resolve this issue.”

Cosla declined to comment.