Questions raised around whether the Ecocide (Scotland) Bill is the best way forward, says Holyrood Committee

In its Stage 1 Report of the Member’s Bill, the Committee say that they consider ecocide should be treated as a ‘grave criminal wrongdoing’. However, owing to the lack of time remaining to address significant issues raised in evidence, a majority (see note 1 in Background) agree that the Bill as it stands should not proceed further during this parliamentary session.

The Bill, introduced by Monica Lennon MSP in May 2025, aims to create a distinct criminal offence of ecocide; to reduce the likelihood of future incidents; and help protect Scotland’s population, wildlife and ecosystems.

Its proposals allow for both people and organisations to be convicted, with custodial sentences of up to 20 years and unlimited fines.

The report highlights questions over the definitions of key terms in the offence as set out in the Bill and an alternative approach of amending Section 40 of the Regulatory Reform (Scotland) Act 2014.

It says also that there are issues around the enforcement of environmental law and concerns that existing legal sanctions are rarely used.

Convener of the Net Zero, Energy & Transport Committee, Edward Mountain MSP, said;

“The Committee commends Member in Charge, Monica Lennon MSP for her work on this Bill, which has launched an important discussion about how we deal with ecocide.

“We agree with the principle of having stronger criminal penalties for severe environmental damage. However, the concerns raised during our scrutiny must be fully explored and this would require detailed consultation with prosecutors, regulators and expert stakeholders.

“Realistically, we do not believe there is any prospect of the issues being addressed comprehensively within the time we have remaining during this Parliamentary session. As a result, it would not be responsible for us to recommend that the Bill proceeds further at this stage.”

A key question raised during scrutiny was whether, instead of creating a standalone offence, existing environmental legislation (Section 40 of the 2014 Act) could be amended to create an ‘apex’ tier for ecocide-level harm, with increased penalties.

Related to this, the report says the Committee was struck by the lack of prosecutions under the existing Section 40. To gain a better understanding of why this is the case, and irrespective of any future route taken with this legislation, the Committee recommends that the Scottish Government undertake a short, targeted review of Section 40, early in next parliamentary session.

The report says that concerns about the legal clarity and workability of the Bill were raised. Uncertainty around the definition of key terms such as ‘severe environmental harm’ along with the Bill’s treatment of harm caused over a period of time, omissions and courses of conduct, left doubt as to whether prosecutors would be able to achieve the criminal standard of proof.

Furthermore, the report says that the Bill in its current form could create legal uncertainty within the planning system and potentially have a ‘chilling effect’ on decision-taking and major developments. It recommends that any future legislative approach, should provide a clear defence for licensed or authorised activities, which would protect operators acting within permits and public authorities exercising statutory functions lawfully and in good faith.

Read the Committee's report on stage 1 of the bill