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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 19 December 2025
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Displaying 3584 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

Wilful.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

It is covered by the vicarious liability provision, whereby someone

“commits the offence of ecocide, acting as the employee or agent of another”.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

We feel satisfied that that is covered in the bill.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

There could be a couple. It is important that the bill includes provision for permitted activities, so I will probably lodge stage 2 amendments to ensure that we allow for such activities. As it stands, the burden of proof is on the defence, which is not in line with the ECHR. I do not think that anyone meant that to be the case, but that could be an unintended consequence. Those are serious deficiencies in the bill as introduced, so I would want to rectify them at stage 2, and I suggest that others might want to do so, too.

I will leave it there. In my response to Ms Lennon, I have set out in a memorandum some of the unintended consequences that there could be as a result of the bill’s current drafting. In my mind, the ones that I have mentioned are the main ones.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

Significant environmental harm would have been done, but it could not officially be said that they had been accused of and prosecuted for ecocide. If Ms Lennon’s bill were passed, people could be prosecuted for ecocide, because there would be an offence of ecocide.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

It is distinct.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

That is why we may want to link the two provisions.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

I might bring in the lawyer to answer that. Scots law adheres to the ECHR. The presumption of innocence means that it is up to the prosecution to prove a person’s guilt, not the other way round.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

The committee has a copy of our policy memorandum, which outlines our main concerns and where we would like the bill to be amended at stage 2. If we become aware of any additional unintended consequences between now and stage 2—perhaps as a result of evidence and submissions that come in—we would want to address those as well.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Gillian Martin

Decisions on financing public bodies are taken during the budget process, and I am not going to talk about a budget that has not happened yet. A lot of bodies deal with environmental issues. An investigation of an ecocide event could involve Police Scotland, SEPA, NatureScot or the coastguard. The event could be marine, on land or whatever. It depends on the location and nature of the crime. In the case of a spill at sea, UK bodies could be involved. With an oil spill, non-Government spill response organisations could be involved. It is impossible for me to say what additional resource would be needed for an event that has not happened.