ABORTION buffer zones cannot be enforced when clinics are closed, Police Scotland has said, sparking concern among campaigners and MSPs.

Legislation introduced by Scottish Green MSP Gillian Mackay in 2024 established 200-metre exclusion zones limiting anti-abortion protests at 30 sites in Scotland. 

But an email exchange between a police inspector in Glasgow and an MSP has revealed that legal advice from Police Scotland lawyers and the Crown Office concluded the law cannot be enforced when clinics are not operating.

The issue came to light after Ms Mackay contacted police for clarity following a protest by the Scottish Family Party outside Glasgow’s Sandyford Clinic earlier this month. 

The clinic was closed at the time, but constituents reported feeling “understandably distressed” by the protest.

A similar incident occurred in Edinburgh in March, where officers seeking legal advice were told the protest ban could not be enforced and that the Crown would not pursue prosecutions when facilities were not open.

Ms Mackay said she would now seek a meeting with Police Scotland and the Scottish government to address the issue. 

“The intention of my Act has always been for buffer zones to apply all day, every day, like most laws,” she said. 

A spokeswoman for the Scottish government said the enforcement of laws is a matter for agencies.

A spokeswoman for the Crown Office said it takes any reported breaches of the law seriously.