Scottish government hits back at JD Vance's abortion claim it sent out 'illegal prayer' warning letters

The Scottish government has told Yahoo News that US vice-president JD Vance’s claim it told people they could be breaking the law by praying inside their own homes near abortion clinics is “incorrect”.

Speaking at the Munich Security Conference on Friday, Vance launched an attack on what he suggested was a shift away from democratic values across Europe, claiming the “basic liberties of religious Britons, in particular” are under threat.

He highlighted a legal case in which a former serviceman, Adam Smith-Connor, 51 – who silently prayed outside an abortion clinic in Bournemouth in November 2022 – was convicted of breaching the safe zone around the centre.

He went on to claim: “This last October, just a few months ago, the Scottish government began distributing letters to citizens whose houses lay within so-called safe access ones, warning them that even private prayer within their own homes may amount to breaking the law.

“Naturally the government urged readers to report any fellow citizen suspected guilty of thought crime. In Britain and across Europe free speech I fear is in retreat.”

In England, where the incident involving Smith-Connor took place, buffer zones apply within 150 metres of an abortion clinic.

In Scotland, the zones apply within 200 metres.

Proponents of safe access zones say women using a clinic can feel intimidated and distressed by the presence of someone standing in the area praying, even if they are not speaking.

Critics argue the rule undermines the right to freedom of religion and free speech.

A Scottish government spokesperson told Yahoo News: “The Vice President’s claim is incorrect. Private prayer at home is not prohibited within Safe Access Zones and no letter has ever suggested it was.”

“Safe Access Zones are designed to safeguard a woman’s right to access healthcare and protect their right to dignity and respect when they need it most.

“People continue to have the right to protest and to free speech, however, no one has the right to harass women, or to try to influence without consent their decision to access healthcare, or to impede their access to it in any way.

“The Act, passed overwhelmingly by Parliament, has been carefully drafted to capture only intentional or reckless behaviour close to a small number of premises providing abortion services. It does not – and has never been intended to – criminalise any particular action, including silent prayer.”

Vance’s speech, and his passing mention of the Russian war in Ukraine, came at a time of heightened concern and uncertainty over the Trump administration’s foreign policy.

“In Washington there is a new sheriff in town and, under Donald Trump’s leadership, we may disagree with your views, but we will fight to defend your right to offer it in the public square,” he said to tepid applause.

He also said the administration “believes we can come to a reasonable settlement between Russia and Ukraine”.

What are safe access zones?

Safe access zones in Scotland came into place at 30 health facilities around the country from 24 September, 2024.

Police Scotland is responsible for enforcing the legislation, and those breaching the new laws can face an unlimited fine in the most serious cases.

Speaking as the legislation came into force, Green MSP Gillian Mackay said: “This is a crucial day for reproductive rights and healthcare in Scotland. I hope that it will be the end of the intimidation and harassment we have seen of people who are accessing healthcare.”

“Right from the first moment I saw footage of the protests, I could see how much damage they were doing and how many people were being impacted by them. I knew that I had to do everything I could to stop them.

“Over the days and weeks ahead, I will be working with the Scottish government to ensure that patients and staff know where protesters can and can’t be so that they can report any activity that is against the law.”