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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 4 February 2026
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Displaying 3492 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

Okay, I understand.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

Cabinet secretary, you said at the beginning of the evidence session that you would seek to amend the bill to remove the reporting provision. We have heard evidence and views from stakeholders that they would like to see an alternative reporting provision, which would follow any conviction to assess how ecocide was allowed to happen and look at how such an incident could be prevented in future. Is that something that you would consider as an alternative to the straight reporting of the bill?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

I think that other colleagues will want to come in on where some of the lines sit between the existing regime and a potential future regime.

Finally, I want to ask about alignment with EU law, in particular the environmental crime directive. In the past, has the Government considered using the keeping-pace power to align more closely with that? On the face of it, the bill would bring closer alignment with EU law, but the Government could have considered other options for bringing the law in line with that important EU directive, in particular on sentencing.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

Can that dovetailing be undertaken in the context of the bill, or is there a need to go back and look again at the Regulatory Reform (Scotland) Act 2014—if not under the bill, then in future? Is it possible for the 2014 act to simply sit there and seamlessly link in with the provisions in the bill?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

We have also heard that, where an ecocide offence has been introduced in other countries, it is very much seen as a stand-alone offence the drives a culture change throughout the whole regulatory system. It makes a strong statement about the country’s values and the need to protect the environment. You mentioned that a little in your introductory comments. Do you want to expand on that? What, in reality, do you see as the value of such an offence, given that it is likely that prosecution will be pretty rare?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

Would that not be, in effect, ecocide?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

My point is that, if an eight-year prison sentence penalty were available under the 2014 act, would that lead to an equivalent ecocide provision? Are we thinking about something quite distinct by having ecocide at the apex of the legal system—

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

—or is it actually possible to create an ecocide offence under the 2014 act?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

I want to ask whether the Government will look to amend some of the definitions, should the bill reach stage 2. The bill defines “long-term” as 12 months, but the committee received evidence that it is hard to see how an ecosystem could recover within 12 months, so there were questions about that definition. I do not know whether there are any aspects of the definition of ecocide that you have a firm view on at this time or whether you would be able to say that you will want to put a different figure on something or frame something differently.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

I have been reflecting on the conversation this morning, and I will play devil’s advocate. If, under the 2014 act, the courts were able to give, say, an eight-year prison sentence as a result of action by somebody or a company that had led to severe and wanton environmental damage, with clear intent—the action was shown to be clearly wilful—would that, in effect, be ecocide? In our evidence, we have heard that there are lots of ways in which to implement an ecocide law. Monica Lennon has brought forward a clear proposal, but I am thinking about other options, including those under the 2014 act. If a responsible officer was imprisoned for eight years, with there being clear and wilful intent, would that, for all intents and purposes, be an ecocide conviction under the 2014 act?