Dr Jennifer Kavanagh

The Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024 will come into force from Thursday 17 October 2024.

The legislation will create “safe access zones” of 100 metres from an entrance or exit to a premises where obstetricians/gynaecologists and general practitioners provide services, including consulting rooms, family planning clinics and women’s health clinics.

Within those safe access zones, attempting to impede access or influence decisions in relation to termination of pregnancy services will be prohibited.

Similar legislation was proposed in the form of a private member’s bill in 2021 and was approved by the Seanad the following year.

Dr Jennifer Kavanagh, a lecturer in constitutional law at South East Technological University (SETU), was contacted by campaign group Together for Safety to assist in the drafting of the private member’s bill.

“My role in this legislation was drafting a balanced restriction in line with constitutional protections on freedom of assembly while also protecting the privacy of service users,” she told Irish Legal News.

“It is incredibly rare for legal academics to be involved in such an in-depth manner to create law.”

Yvie Murphy of Together for Safety said: “We took a collaborative approach approaching the drafting of this legislation.

“We worked not only with legal academics but also other legal experts and various other experts and organisations across the board, with Dr Kavanagh and barrister Clíodhna Ní Chéileachair being absolutely instrumental to the creation of the bill.”

Health minister Stephen Donnelly acknowledged the work of the private member’s bill sponsors and Together for Safety when he introduced the government bill to the Seanad last year.

“It is evident that this bill builds on their efforts and I am confident that with the passing of this legislation, we will achieve our mutual aim of safe and unimpeded access to termination of pregnancy services,” he said.