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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

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

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

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

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.

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

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

Okay. Your position is that you are opposed to the existing provisions in part 2, on the regulation-making powers—subject to negotiations, from what you have said.

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 [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Michael Matheson

I have it here. I can read it, if that would be helpful. She said:

“It is difficult to have an evidence base for a deterrent effect but, instead of changing section 40, with its high penalties, the passage of a specific bill would probably attract some regulatory attention, press attention and corporate attention, which might strengthen the potential for a deterrent effect.”—[Official Report, Net Zero, Energy and Transport Committee, 4 November; c 8.]

Beyond the public relations aspects, I think that it is fair to say that there is not much evidence of a deterrent effect. My understanding of the deterrent effect of criminal legislation is that, broadly, the evidence says that, when people are committing criminal offences, the last thing that they are thinking about is the actual criminal penalty that would be applied to them.