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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 13 October 2025
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Displaying 1455 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

Jamie, do you want to come in?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

Good morning. Some of you have already answered this question, but I would like a yes or no answer, please, for the record. Is it clear to you how the bill would interact with existing environmental legislation and regulation?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

Fine, thank you.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

One of the previous witnesses said, and I paraphrase, that the bill would be the safety net at the outer limit of activity. Jonnie, am I right in saying that you are arguing that we maybe require to ensure that existing regulation and legislation is well known by the folks that you and others on the panel represent in order to get preventative measures in play?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

I would like to explore the key differences between the proposed offence and the existing offence of causing significant environmental harm in section 40 of the Regulatory Reform (Scotland) Act 2014. Why have there been so few prosecutions under section 40 of the 2014 act?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

It wouldnae come under the ecocide bill, because you are describing something in England and not in the Scottish jurisdiction. Let us hear from Mr Whittle, please.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

I will paraphrase something that you said earlier, Mr Whittle: you said that a change in the law would lead to culture change. I am quite long in the tooth in this place, and I have to say that changes in legislation do not automatically lead to culture change. What makes you think that the bill would lead to that culture change?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

Was there culture change after the introduction of section 40 of the 2014 act? Is that the reason we are not seeing any prosecutions there?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

Can we hear from Shivali Fifield, please?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Kevin Stewart

Thank you. That is helpful.

I am a very logical person when it comes to legislation, and I think that, sometimes, we take the most difficult paths to get to where we want to be. In that logical sense, would it not be wiser to, first of all, modernise the permitting system across the board and consider where section 40 is not working before we put in any further additions? I want to see Scotland keep up with our European partners in almost every aspect of life. However, logically in all of this, would it not be best to first deal with those matters that I have discussed before we move on?

Those items could probably be dealt with much more quickly than through a bill that is being discussed right at the tail end of a parliamentary session and that is unlikely to make progress. I am sorry for saying that, Monica, but that is the reality.