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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 12 December 2025
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Displaying 823 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

Do we have experience of other legislatures that have taken that approach?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

That is helpful.

My next question is about remediation being provided by an operator, rather than just a compensation payment, and the issue of the confiscation of the proceeds of crime. Does the bill go far enough in those areas, or should it go further? It has been suggested that those penalties could be imposed under existing laws, such as the Proceeds of Crime Act 2002. What do you think the best options are, whether in the bill or elsewhere?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

I will follow up with a question on thresholds for liability. Section 1 says that an offence of ecocide is committed if the person

“intends to cause environmental harm, or ... is reckless as to whether environmental harm is caused.”

Many stakeholders have agreed with that, but others have suggested that liability should be broadened to include negligence, as corporations might be unlikely to set out to cause severe harm.

To what extent do different jurisdictions agree on that issue and the appropriate level of liability?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

My question follows on from the comment that you just made about how it is not necessarily a one-off catastrophic incident. Should the definition of ecocide in the bill also apply to incremental harm or a course of conduct over time?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

That is okay.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

That leads on to my next question. Section 9 of the bill extends enforcement powers in relation to ecocide. Is it sufficient to ensure that the relevant authorities will have the power to investigate a potential offence? Is there a gap in the powers of any regulatory or enforcement bodies to investigate potential severe damage to the environment within their remit?

From reading the witnesses’ expressions, I can see that they are looking reflective.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

Do other witnesses have thoughts on those ideas?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

Okay. Murdo MacLeod, do you have a view on the issue?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

That is helpful. Do other witnesses have any comments on that?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Sarah Boyack

That is helpful. I am conscious that we are running out of time—