A GREENS MSP proposing buffer zones to be set up around abortion centres believes her plans can “break the stalemate” between councils and the Scottish Government over a legal stand-off.

Gillian Mackay has launched a consultation on her member’s bill that if approved, would put in place 150m buffer zones around healthcare facilities that provide abortions – but has not yet won the support of the Scottish Government for her proposals.

Under the plans, safe access zones would be introduced at all sites that provide abortion care where within the area, it would be unlawful to influence or attempt to influence a person from accessing, providing, or facilitating the provision of abortion care.

​There would be a standard size of safe access zone with a perimeter of 150m from the entrance to any site which provides abortion care, while a criminal offence of contravening the provisions of a safe access zone would be established.

The MSP hopes “interim measures” can be introduced to help protect women attending healthcare appointments before her proposals are introduced.

Similar legislation proposed in Northern Ireland has been referred to the Supreme Court amid a legal challenge – due to the law potentially curtailing rights of protesters.

The Scottish Government, wary of the legal complexities, it yet to formally support Ms Mackay’s proposals, and has instead pointed to local councils using bylaws to introduce buffer zones – with Public Health Minister Maree Todd stressing that strategy would yield “quicker results”.

READ MORE: Frustration over lack of SNP Government action to legislate for abortion clinic buffer zones

Ms Mackay said she hoped her legislation “will come forward as quickly as possible” but has not yet sought legal advice on whether the plans would see off any legal challenge.

She said: “Abortion is healthcare and people have an absolute right to access healthcare without intimidation or harassment.

“I think for too long this has been going on, we’ve seen the frequency and the scale of these protests increasing over recent years.

“I think it’s essential we make sure it comes forward quickly to make sure that people are not for years on end experiencing these protests.”

Cosla, the umbrella organisation for Scottish councils has previously warned that its legal advice is "unequivocal and confirms that local authorities cannot use byelaws to implement buffer zones at NHS reproductive health facilities" - putting local and national levels of government at odds over a way forward.

Ms Mackay acknowledged there were “complexities” in the stand-off between councils and the Scottish Government.

She added: “The most logical way forward is through this member’s bill to break that stalemate and make sure that people accessing these services are not put in the middle of the legal complexities.”

The Central Scotland MSP acknowledged “there was always going to be challenges” to her plans, “due to the nature of it”.

She said: “I think it may add additional things that we may have to look at as the bill progresses, depending on what stage that gets to in the Supreme Court.

“I’m very confident that we can produce something that is robust that would withstand legal challenge. We’re assuming that the bill in Northern Ireland will hopefully withstand that challenge as well.”

Nicola Sturgeon has agreed to chair a summit on the issue, which Ms Mackay said she hoped would “provide some interim measures” before her legislation is rolled out.

Ms Mackay said that if the Northern Ireland legal challenge is unsuccessful, it would essentially be a case of checking the legislation can comply with Scots law.

She stressed that her members’ bill is “the easiest way forward to make sure we can resolve” some of the legal complexities.

Asked if she has already sought legal advice on the competence of her bill, she said: “We’re just at the consultation stage here so a lot of that work will be ongoing over the next few weeks.

“The main point was to get to consultation launch so that we can get the legislative process underway and that clock ticking. It will be underway in the next few weeks.”

The Scottish Government is yet to formally back the plans, but the First Minister has spoken out in favour of protecting women accessing medical services without being intimidated.

Ms Mackay said she has “worked constructively” with SNP ministers.

The MSP was asked if she was frustrated with the Scottish Government leaning on local councils for action.

She said: “I think it’s probably more frustrating for people accessing these services that there is no obvious way forward at the moment and we’re having to do national legislation.

“If that’s what it takes as long as we meet the end goal, I think whatever comes forward we have to take that seriously. If that’s the legislation, we’ve got to make sure it comes forward as quickly as possible.”