Abortion Services (Safe Access Zones) (Scotland) Bill: business and regulatory impact assessment

Business and regulatory impact assessment (BRIA) for the Abortion Services (Safe Access Zones) (Scotland) Bill.


Summary and Recommendation

Having conducted analysis of the options outlined above, and more fully set out in the Policy Memorandum, it was concluded that only legislation introducing safe access zones could deliver adequate protection for both service users and providers.

Option 3 has the advantage of clarity for all relevant groups, and would particularly provide certainty to service users and providers that there is a minimum level of protection that applies across the country. In so doing, it would resolve the disadvantages inherent in the alternative options.

Summary costs and benefits table
Option Total benefit per annum: - economic, environmental, social Total cost per annum: - economic, environmental, social - policy and administrative
1 – Use of local authority byelaws
  • Allow local solutions
  • Only establishing protection around premises where anti-abortion activities occur
Use of byelaws would require considerable resources from local authorities. Costs for establishment and maintenance of orders is difficult to estimate; though as noted above, stakeholder engagement with Counsels in England have indicated costs have been significant. Costs of defending legal challenge alone for Ealing Counsel were approximately £144,000
2 – Rely on existing legislation
  • Would not create additional interference with ECHR articles 9,10 and 11
  • Would not create any new offences
  • Would not add to the burden of work on justice system
No cost
3- use of mediation and enhanced guidance
  • Would not create additional interference with ECHR articles 9,10 and 11
  • Would not create any new offences
  • Would not add to the burden of work on justice system
£20,000 - £50,000 for mediation services
4A & 4B – Application model
  • Local decision making
  • Flexibility for local providers and Health Boards
£5000 one off cost for implementation With additional costs for prosecution expected to be between £65,400 - £196,200 per annum
5 – Create automatic safe access zones
  • Parity of protection for service users and providers across Scotland
  • Clarity for anti-abortion groups
£5000 one off cost for implementation With additional costs for prosecution expected to be between £65,400 - £196,200 per annum

Contact

Email: abortionteam@gov.scot

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