The importance of academic expertise in shaping legislation has been highlighted by the work of Dr Jennifer Kavanagh, a constitutional law lecturer and an expert in the law of elections at SETU.
Pivotal role
Dr Kavanagh played a pivotal role in drafting the Safe Access Zones legislation Private Member’s Bill which was passed by the Seanad in 2022. The Government then adopted this legislation which was then passed by the Oireachtas as the Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024. This legislation was signed into law by President Michael D. Higgins in June.
This 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. It also applies to hospitals that provide acute inpatient services within the meaning of Section 51 of the Health Act 1970.
Speaking about her involvement in the process, Dr Kavanagh said, “It is incredibly rare for legal academics to be involved in such an in-depth manner to create law.”
Dr Kavanagh was approached by the advocacy group Together for Safety in 2021 to assist in drafting the Private Member’s Bill. Dr Kavanagh and members of the advocacy group were invited to one of the President’s garden parties in Áras an Uachtaráin in June in recognition of this achievement.
Drawing on expertise
Commenting on what makes this unique, Dr Kavanagh explained, “The vast majority of legislation is driven by Government departments and their in-house legal teams, including the Attorney General’s office. While Private Members' Bills are often used to highlight issues, the relevant departments will ultimately put forward their own proposals. However, in this instance, the legislation that was used by the Government was completely based on the work that was done to create the Bill which was successful in the Seanad.”
Dr Kavanagh continued, “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. It was an honour to contribute to a balanced and legally robust legislation that aligns with constitutional protections.”
Drawing on her expertise in electoral law, Dr Kavanagh used existing provisions—such as the rule prohibiting canvassing within 100 meters of polling stations—as a model for the Safe Access Zones. “These electoral law provisions have been in place for many years without challenge, and I was able to refashion them into a constitutionally sound framework for this legislation,” she said.
“This Bill does not prevent protest,” Dr Kavanagh emphasised, “It simply creates a space for privacy that is free from harassment. Protest is an essential democratic right, but like any right, it is proportional, and this Bill seeks to balance these rights.”
Image shows: Dr Jennifer Kavanagh, a constitutional law lecturer and an expert in the law of elections at SETU.
