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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 1 February 2026
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Displaying 2023 contributions

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Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Douglas Lumsden

In that case, may I ask about consultation and engagement with the fishing industry? Has the industry had an input to this? Has it raised concerns about the legislation?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 9 December 2025

Douglas Lumsden

I am looking at the Companies Act 2006, which refers to companies that are “entirely or substantially” funded by a public body. You have said that the figure is £800 million.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 9 December 2025

Douglas Lumsden

I am trying to make sure that what we are being asked to approve today is actually legal.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

Why did you rule out eight or 10 years? Was it just a case of you wanting to make it as high as possible in order to make that deterrent effect as big as possible?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

Yes, I have a follow-up to Kevin Stewart’s question. A couple of local authorities have suggested that the bill might cause some problems. For example, Moray Council said:

“National Planning Framework 4 allows excavation of deep peat for renewable energy developments. This is an action that would otherwise possibly fall within the definition of ecocide.”

Would it be a defence that NPF4 allowed that to take place?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

There is another example in Highland Council’s letter, which describes a few situations, including one involving an underground cable from Dundonnel to Beauly and one involving Coul Links golf course, which, it says,

“could be viewed as reckless if the development was granted against advice relating to environmental harm.”

In that instance, an environmental NGO could put in an objection.

It is all about risk for planning authorities. If the bill were in place, would it make it too risky for the council to grant permission to some of those projects?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 9 December 2025

Douglas Lumsden

I am trying to work out whether that is where the company gets most of its funding from.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 9 December 2025

Douglas Lumsden

The act refers to all or most of a company’s funding.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 9 December 2025

Douglas Lumsden

So, there is not really any risk of us having to undo this because the funding is not mostly public. That is what I am trying to understand.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

You said that it is not about having one or the other. If there was not enough evidence to go down the ecocide offence route, the Government could switch to the route involving amending the RRA, but, as we heard from the Government last week, that would require alternative conviction provision. Since you introduced the bill, have you had any discussions with the Government about alternative conviction provision?