The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1783 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I have a couple of simple questions. Cabinet secretary, neither you nor the Scottish Government has signed up to the agreement because it is an international agreement and, as you pointed out earlier, we are, unfortunately, not a nation state at this time. Would that be correct?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
We will deal with it after the meeting, convener.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
A lot of the evidence has suggested that stronger enforcement of the existing law is as important as, if not more important than, creating a new offence. At any point did you consider strengthening section 40 of the RRA? At any point did you think that one of the ways of putting ecocide on the statute book would be through an amendment to the existing act?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I refer members to my entry in the register of members’ interests. Unison has been mentioned, and I am a member of Unison.
The bill does not provide a defence for an operator of permitted, licensed or consented activities. You will be aware that the committee has heard mixed views on that, with some people considering that consented activities would be unlikely to reach the mens rea standard of “intent of recklessness”. Extremely serious concerns about regulatory certainty have also been raised. Why did you take the decision not to include a permitting defence in the bill, and what is your current position on the issue, having heard all the evidence?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
Equally, there is no defence in the bill that would prevent a consenting body from being held liable for ecocide. You started to go over some of the issues that we have heard about from planning authorities. Those letters came in after I raised issues at the committee on aspects of that matter. Some people did not really think that there was an issue with it. However, the letters from local authorities clearly show that they have concerns about that aspect of the bill. You said that you will work with the Government on amendments, but are there circumstances in which you believe that regulators should be held liable for causing severe environmental harm through authorised acts?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I will give an example. In taking decisions, planners, councillors and planning ministers often have to perform a fine balancing act in looking at everything that is going on in a particular place before giving permission for an activity. Sometimes, advice is given to the effect that there might be an impact on a particular species, possibly a rare species, and folk are not certain about what might happen if permission is granted but have to make a decision about it. If they have made a decision in favour of granting permission and it is later found that there has been a major impact on a species—which some might regard as ecocide—what then happens and who is liable? Those are the unanswered questions that are in the minds of many folk. Again, that is about the creation of legal uncertainty.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
It is not great that we are dealing with the LCM in this manner and that, once again, the UK Government seems to be riding roughshod over devolved competences. It would be much better overall if this was an independent Parliament deciding on this as a whole, as an international signatory—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
This is a Parliament—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I am sorry convener, but this is a Parliament and we have politics—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I am suggesting, convener, that you should point out to me where, under standing orders, you feel that my question is inappropriate.