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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 28 November 2025
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Displaying 1570 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

I get all of that, but the point is that the bill as it stands does not include any defence that the harm was caused by a permitted activity. Is that defence in play in the legislation of any other jurisdictions?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Okay.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

I thought that you would say that.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Okay.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

I will stop you there. Let us say that something is found out to have caused serious harm later, but it has been permitted or consented. Do you think that that should be an offence under the bill?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Thank you.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

But if something has been permitted but is later found out to be a bit difficult, it has still been permitted. You would not be able to challenge anybody for a breach of permit in that situation.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Good afternoon. The proposed ecocide offence does not include a defence that the harm was caused by permitted or licensed activity. That has raised a lot of concern and uncertainty in industry. Is that a valid approach? Has a similar approach caused debate in other jurisdictions?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

What happens if a licence or a permit has been granted and the system has not been abused, yet it is suggested at a later point that an ecocide event has taken place?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Rachel Killean, could you comment?