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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 18 December 2025
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Displaying 1037 contributions

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Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Any individual could be prosecuted under the bill as it is drafted.

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

And part 3?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

To include negligence.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

In relation to the definition of “responsible official”, if a non-senior member of staff acted in such a way that they committed an offence under the bill, including under section 3, who should be prosecuted?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

I think that I understand, but I am not entirely sure that the Proceeds of Crime Act 2002 is the legislation that would be referred to in that respect. Anyway, I will leave it there.

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

That is clear to me with regard to part 2.

With regard to part 3, you are opposed to clauses 11 and 13, subject to negotiation.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

So 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

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

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?