PSPO banning abortion clinic demonstrations to be challenged in High Court
The High Court is to hear claims brought by two Christian campaign groups today (17 October) over Bournemouth, Christchurch and Poole Council's (BCP Council) decision to implement a Public Spaces Protection Order (PSPO) forcing campaigners to keep away from an abortion clinic.
The local authority's PSPO created a 150-metre buffer zone in which pro-life demonstrators are prohibited from praying, reading from the Bible, making the sign of the cross, or providing counselling to women attending the clinic.
The demonstrators – who are part of a group named '40 Days for Life Bournemouth' – say they could face a six-month prison sentence for sprinkling 'holy water' outside the British Pregnancy Advisory Group's (BPAS) clinic in Bournemouth.
Christian Concern and Livia Tossici-Bolt, who leads 40 Days for Life Bournemouth, are behind the claims.
Christian Concern is set to argue that the council did not have the power under the 2014 Act to allow the police to move members of the public from the zone with the threat of being fined and arrested.
The claimant contends that this is 'incompatible' with the powers given by parliament to the police and is an 'abuse' of the Act.
It will also argue that the PSPO was unlawfully made in the absence of any consultation with the Chief Constable of the Dorset police and that the PSPO was made without authority since it was not passed by council resolution.
Christian Concern is being supported by the Christian Legal Centre in its claim.
Meanwhile, Tossici-Bolt will argue that the council did not have the power to make the PSPO because it wrongly sought to prohibit peaceful and lawful behaviour, which cannot properly be characterised as "anti-social" for the purpose of section 59 of the 2014 Act.
She will argue that the restrictions are disproportionate and in breach of the European Convention on Human Rights. She will also contend that they interfere with the rights of women who will be denied support as a result of the restrictions.
Christian Concern and Tossici-Bolt seek a declaration from the court that the PSPO, or parts of it, is unlawful and will ask the judge for an order quashing those parts of the PSPO.
A BCP Council Spokesperson said the council is unable to provide a comment on proceedings until a judgement on the case has been delivered.
Adam Carey
