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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. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1198 contributions

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Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

What if the evidence pointed to a non-senior member of staff? If their actions resulted in an offence under the bill, who should be prosecuted?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Sure. As you have mentioned, the policy intention is to target senior management, but the threshold for liability in section 1 relates to intent and recklessness, so the actions of a non-senior member of staff could make them liable under the bill if it were enacted. Is my understanding of that correct?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

That is helpful. I am conscious that, as the member who introduced the bill, you are relying on advice from the non-Government bills unit and the Parliament’s legal team. This question is specifically for the Parliament’s legal team: why did you not identify the bill’s lack of compatibility with the ECHR?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

From the Parliament’s point of view, do you consider that the bill is compatible with the ECHR?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Okay—thank you.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Will you clarify the bill’s policy intention with regard to the definition of a “responsible individual”? We have received evidence that suggests that the table that you have provided in section 3(4) is likely to include people who might be viewed as non-senior staff. Is that the bill’s intention? If it is not, how will you seek to address that?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

I want to be clear in my understanding of this. Under section 1, the requirement for intent and recklessness means that, if there were evidence to suggest that a non-senior member of staff had acted in such a way, they could be prosecuted under the bill. I know what the policy intention is, but I am trying to be clear about whether, despite the stated intention, the provisions of the bill would not prevent a non-senior member of staff from being prosecuted. Is that correct?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

[Inaudible.]—I do not think that they would.

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

I am sorry, cabinet secretary, but can you decipher that for me, please?

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

Just so I understand this clearly, you are saying that the Scottish Government is opposed to all of part 2.