An Garda Síochána has said it welcomes what is called the proportionate approach outlined in the Termination of Pregnancy Services (Safe Access Zones) Bill 2022.
But it has raised concerns about the parameters of safe access zones, the issue of warnings, Garda powers and the specific offence of harassment.
At the Joint Committee on Health today, Deputy Commissioner Policing and Security Anne Marie McMahon said that there have been protests and gardaí have attended, but that to the best of her knowledge there have been no arrests to date under existing law.
She said An Garda Síochána welcomed the proposed graduated response whereby it is intended that engagement with individuals will occur before any enforcement, which is similar to the approach taken to Covid-19 legislation.
Deputy Commissioner McMahon said that in that regard An Garda Síochána utilised a four 'E's' approach - engage, educate, encourage, enforce - which served An Garda Síochána and the communities they serve, well.
She said the Garda does intend to adopt a similar approach with regard to the implementation of this legislation.
But she told the committee there are areas of concern, from a policing perspective.
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These primarily relate to the parameters of the Safe Access Zones, the issue of warnings, Garda powers and the specific offence of harassment.
She said that in relation to Safe Access Zones, the difficulty from a policing perspective is the lack of clarity of a demarcation line on the limits of the zones in a practical sense.
She said there needs to be no ambiguity where the 100m zone begins and ends.
Deputy Commissioner McMahon said there is also a practical issue in relation to issuing warnings in a crowd setting to individuals specifically.
An Garda Síochána would request that consideration is given to the provision of a general or crowd warning, by way of signage or announcement by loud halers.
She said the powers in the Bill fall short of providing An Garda Síochána with an effective investigatory tool in the context of detentions or searches and seizures of evidence where suspected offences are serious in nature.
She said that An Garda Síochána suggest that the specific offence of harassment is reconsidered in the context of this Bill in light of the existing offence of harassment that is available under the Non-Fatal Offences Against the Person Act 1997 and the existing proposed offence of harassment and stalking under the Criminal Justice (Miscellaneous Provisions) Bill 2022.
Social Democrats co-leader Róisín Shortall said that many women were not happy with the current policing around hospitals and clinics providing these services, which has highlighted the need for the new law.
