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X City/Council Council Safe Access to Abortion Services Bye-laws 2019

 

WHEREAS [Name of Council] is of the opinion that it is desirable in the interests of the common good of the local community within its functional area and for the purpose of ensuring safe access to abortion services, and that Bye-Laws should be made for this purpose.

 

NOW [Name of Council], as local authority for its functional area (being [X]) (hereinafter called “the Council”) in exercise of the powers conferred on it by section 199 of the Local Government Act 2001 hereby makes the following bye-laws for the regulation and control of [describe exclusion zones – talk about control of activity/suppression of nuisance] hereinafter described which are situated within its functional area.

 

1.Title

 

These bye-laws shall be known as the X City/Council Council Access to Healthcare Bye-laws 2019

 

 

2. Scope of Applicability

 

These Bye-laws shall apply to the premises specified in Schedule 1 [can limit by time e.g. during working hours]

 

 

3. Commencement

 

These bye-laws shall come into operation on the [date]

 

4.  Previous Bye-Laws

 

[Repeal any conflicting bye-laws]

 

5. Interpretation

In these bye-laws unless the context otherwise requires, the following words and expressions have the meaning hereafter respectively assigned to them, that is to say

 

“Authorised person” means an authorised person within the scope of s. 204 of the Local Government Act, 2001

 

“Abortion services” means lawful services for the termination of pregnancy in accordance with the provisions of the Health (Regulation of Termination of Pregnancy) Act, 2018.

 

“Healthcare facility” includes a hospital, health centre, clinic or general practitioner’s office.

 

“Service provider” means a person who works at a healthcare facility, or who provides, or assists in the provision of, abortion services in accordance with the provisions of the Health (Regulation of Termination of Pregnancy) Act, 2018.

 

6. Authorised persons

A person shall comply with any and all directions given to him/her by an authorised person.

7. Prohibited Behaviour

A person must not engage in prohibited behaviour within 150 metres from the outer edge of a healthcare facility.

For the purposes of these bye-laws, ‘prohibited behaviour’ shall include:

(i)  continuously or repeatedly observing a service provider or other person accessing a healthcare facility.

(ii) continuously or repeatedly observing a healthcare facility.

(iii) persistently requesting that a service provider refrain from providing, or assisting in the provision of abortion services.

(iv) engaging in threatening conduct directed at the service provider or a person known to them.

(v) advising or persuading, or attempting to advise or persuade, a person to refrain from accessing abortion services.

(vi)  besetting, harassing, intimidating, interfering with, threatening, hindering, obstructing or impeding a person who is attempting to enter a healthcare facility.

(vii) informing or attempting to inform a person of issues relating to abortion services.

(viii) communicating disapproval of abortion services.

(ix) in any way recording a service provider, or a person accessing, or attempting to access a healthcare facility without that person’s consent, or publishing or distributing a recording so obtained, except in discharge of police duty.

(x) recording information about  a person accessing, or attempting to access a healthcare facility without that person’s consent, or publishing or distributing information so obtained, except in discharge of police duty.

(xi) engaging in distressing behaviour that can be seen or heard by a person accessing, or attempting to access a healthcare facility.

(xii) distributing or displaying any leaflets, pamphlets, notices, advertisements or other documentation relating to abortion services.

(xiii) affixing bills, posters or stickers relating to abortion services upon any wall, door, pole, structure, vehicle,
floor or pavement or on any surface forming part of, or used in relation to the healthcare facility.

(xiv) conducting or taking part in public meetings, demonstrations or processions relating to abortion services.

8. Offences

(i) An authorised person or a member of An Garda Síochána may take appropriate action to enforce these bye-laws.


(ii.) Any person who contravenes a provision of these bye-laws or who obstructs or impedes or refuses to comply with a request of an authorised person or member of An Garda Síochána made in the course of enforcing compliance with the provisions of these bye-laws shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1500.

(iii.) Where an authorised person or member of An Garda Síochána has reasonable grounds for believing that a person is or has contravened a provision of these bye-laws, or is acting in breach of the terms of a permit granted under these bye-laws, he/she may serve a Notice on such person stating that prosecution of such contravention shall not be instituted if payment of €75 is made to the Council within twenty-one days of the date of service of the Notice.

(iv.) If the contravention of a provision of a bye-law is continued after conviction, the person causing the contravention is guilty of an offence on each day on which that contravention continues and is liable on summary conviction for each such offence to a fine not exceeding €100 or such lesser amount as may be specified in the bye-law in respect of such contravention.

(v.) An authorised person or member of An Garda Síochána may request any person who appears to be contravening or to have contravened a provision of these bye-laws to refrain from such activity and may remove any person failing to comply with such request.

(vi) Where an authorised person or a member of An Garda Síochána is of the opinion that a person is committing or has committed an offence to which these bye-laws relate, he/she may demand the name and address of such person and if that demand is refused or the person gives a name and address which is faulty or misleading that person shall be guilty of an offence.

(vii.) An authorised person or member of An Garda Síochána may issue on-the-spot fines for breach of the bye-laws.

(viii) Pursuant to Section 204(3)(d) of the Act where a member of An Garda Síochána is of the opinion that person is committing or has committed an offence under these ByeLaws, that member may arrest the person without warrant.

9. Fixed Payment Notices

(i.) The Council may, as an alternative to prosecution, serve on a person alleged to have contravened any of these bye-laws, a notice specifying a fixed payment to be made in respect of such contravention.

(ii.) The amount of the fixed payment will be €75 or such different amount as may be so prescribed at the date of the alleged contravention.
(iii.) The said amount shall be paid within a period of four weeks from the date of service of the said notice.
(iv.) If the contravention of a provision of a bye-law is continued after conviction, the person causing the contravention is guilty of an offence on each day on which that contravention continues and is liable on summary conviction for each such offence to a fine not exceeding  €100 or such lesser amount as may be specified in the bye-law in respect of such contravention.

Review

(i.) The operation of these bye-laws shall be reviewed within twelve months and will be revised by the Council as considered appropriate at that time.

 

 

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