Letters : Exclusion Zones - Dont Criminalize helping people

Imagine your a homeless person , its night and your on your way to a homeless shelter , your life is really in crisis and your wondering how to ever get out of it.  

As you approach the homeless shelter you notice a small group of people outside holding signs that read - "are you homeless , in need of help  , help offered here ,  housing , financial assistance , come talk to us".  

Your a bit shy at first , so you decide to leave it untill the next day only the next day never comes because your Government decides to make a law banning those people offering you help from standing outside homeless shelters on the basis that its harassment even though its Garda Commissioner told them in writing that this was not the case and existing laws already exist to deal with public order offences. 

Now lets not imagine , lets say its an abortion clinic rather then a homeless shelter and the government intends to criminalize people outside from offering help such as financial assistance , housing etc to women in crisis to enable them keep their child . 

In the coming months , this exact law will be passed through government and eventually signed off by the president . 

The Draft Bill entitled.. "The Safe Access to Termination of Pregnancy Services Bill 2021" will create a 100 metre zone called a Safe Access Zone around abortion clinics which will criminalize people within that zone from offering support to women in crisis . 

The Bill was produced by the Limerick Feminist Network who acknowledged .. "the enormous support of the Green Party, the Labour Party, Sinn Féin, the Social Democrats, PBP"  according to its spokesperson Yvie Murphy. 

The Limerick Feminist Network state on their website that there is "harassment" and "intimidating behaviour" going on outside abortion clinics and say that their billl is necessary to prevent this. 

However , In September 2019 , Garda Commissioner Drew Harris rejected such claims , in a letter to Minister Simon Harris the Garda Commissioner wrote there was  - "no evidence to suggest that there is threatening, abusive or insulting behaviour directed towards people utilising such services".... "Consequently, the introduction of any further legislation to ensure safe access to termination pregnancy services, would be redundant at this time. I confirm my satisfaction with existing public order legislation to adequately deal with any reasonable public order incident that may arise at such centres" - explained the Garda Commissioner. 

In the UK , there are many positive testimonies from women who availed of help offered to them outside abortion clinics and now have a beautiful child . The behereforme.org website details many of these stories and is well worth a read. 
  
Freedom of Assembly , the Constitution and exclusion zones 

Under Article 40 6 1° of the Irish Constitution ... "the state guarantees liberty for the exercise of the following rights subject to public order and morality: – the right of the citizens to express freely their convictions and opinions . the right of the citizens to assemble peaceably and without arms"

There is a provision to legislate against freedom of assembly but only in circumstances where its : - "determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public" . 

In the case of those offering support outside abortion clinics , it has already been stated in writing by the Garda Commissioner  that there is .. "no evidence to suggest that there is threatening, abusive or insulting behaviour" . Therefore , the proposed legislation restricting freedom of assembly is unconstitutional and will likely end up in the High Court . 

Whether you agree with abortion or not , is not the issue , In a democratic society , we dont criminalize people for offering help to others in their time of crisis , we dont take away peoples constitutional right to peacefully assemble on public property just because they hold a different view to those in power . Thats what happens in communist countries , it shouldn't be happening in Ireland.
   
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