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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

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

The Crown Office and Procurator Fiscal Service was concerned that, if prosecutors went down the ecocide offence route and someone was proved to be not guilty, they would not be able to go down the RRA route afterwards. However, last week, the Government said that alternative conviction provision would enable prosecutors to go down the RRA route if it looked as though they would not get a conviction by going down the ecocide offence route, and the Government seemed open to that. Have you had any discussions with the Government about how such provision could be added to strengthen the bill?

10:30  

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 9 December 2025

Douglas Lumsden

I have one question. The subsidiaries can be audited by Audit Scotland because they receive all or most of their funding from a public body that is already audited by the Auditor General for Scotland. What percentage of its funding comes from the public? What happens if that funding goes down because more income comes from passengers? Am I understanding the situation completely wrongly?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

No. Anyone could write in and say, “This could be an ecocide event.” I am just trying to understand whether that would plant a seed of doubt in the planning authority’s mind. It might think, “Hold on; this is a bit too risky. We will not accept this application, because it might be seen as an ecocide event in years to come.”

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Douglas Lumsden

I want to continue on the theme of area-based management tools, to get a better understanding.

Is it possible that the UK Government could bring in another highly protected marine area by the back door? Can it make changes to toughen up the rules about where fishermen can fish?

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Douglas Lumsden

So it is not the case that the UK Government can change, by regulation, where fishermen can fish. That would be an agreement between—

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Douglas Lumsden

Yes, that is my concern—that the Parliament will be asked to approve this without understanding the implications for Scottish fishermen.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 9 December 2025

Douglas Lumsden

So, you are saying that it is not most of the funding overall. Is that correct?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

Monica, you are proposing a maximum penalty of 20 years’ imprisonment. Why did you settle on that figure, rather than on 10 years, as they have in France, or the minimum of eight years that is in the EU environmental crime directive?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

Convener, I was going to go on to my next point.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Douglas Lumsden

I am trying to understand how the bill could be amended to incorporate the alternative conviction provision. I guess that the Government might bring forward a proposal on that at the next stage, if the bill gets that far.