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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 29 November 2025
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Displaying 810 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

Do you think that there is an issue about a lack of alignment with EU legislation on that issue?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

I have a final question about the defence of necessity. It is included in the bill. Is it important to have it for exceptional cases?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

That was a very sharp response as well. Thank you. Do Rachel Killean and Ricardo Pereira agree?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

Thank you. Ricardo Pereira, do you have a brief comment on that issue?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

Clare Moran, do you want to come in on this?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

The issue of penalties has been mentioned already, but I would like to dive into that a bit more. The bill references penalties of up to 20 years’ imprisonment or an unlimited fine for an individual, and an unlimited fine for an organisation.

The committee has heard views that existing maximum penalties available under the 2014 act do not allow for alignment with developments in EU law under the environmental crime directive. We are interested in your views about the proportionality of the penalties in the bill.

Iain, do you want to come in first?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

I see that Rachel Killean wants to answer. Please be brief, because I do not want to take so much time that my colleague cannot ask his questions.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

Do we have experience of other legislatures that have taken that approach?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

That is helpful.

My next question is about remediation being provided by an operator, rather than just a compensation payment, and the issue of the confiscation of the proceeds of crime. Does the bill go far enough in those areas, or should it go further? It has been suggested that those penalties could be imposed under existing laws, such as the Proceeds of Crime Act 2002. What do you think the best options are, whether in the bill or elsewhere?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

I will follow up with a question on thresholds for liability. Section 1 says that an offence of ecocide is committed if the person

“intends to cause environmental harm, or ... is reckless as to whether environmental harm is caused.”

Many stakeholders have agreed with that, but others have suggested that liability should be broadened to include negligence, as corporations might be unlikely to set out to cause severe harm.

To what extent do different jurisdictions agree on that issue and the appropriate level of liability?