The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 3723 contributions
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
I will turn to how ecocide is defined in the bill. NatureScot and SEPA have raised some thoughts about the definitions of “widespread” and “long-term” harm. I will go to Clive Mitchell and Ross Haggart, and then I will bring in other members of the panel.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
I move on to thresholds for liability in the bill. Section 1 requires intent or recklessness for the main offences or “consent or connivance” of responsible officials in organisations. We have had evidence that suggests that the bill should also look at provisions on negligence or strict liability. I would like to hear your thoughts on whether the thresholds in the bill are appropriate or whether they could be adjusted.
09:45Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
No.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
Earlier, we covered aspects around including omissions as well as acts, which I think the EU directive does. Another area that has been raised with us is financial penalties and the fact that the EU directive references confiscation of proceeds of crime.
Sarah, do you have any thoughts on that?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
Okay. Sarah, is reparation in the directive?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
That was a useful addition.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
Do you mean under other legislation in relation to section 40?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
Is that approach reflected in the environmental crime directive?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
So there would, potentially, be choices as to the extent to which a permit defence could be introduced into the bill and where the line is drawn—
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 4 November 2025
Mark Ruskell
But your point is that a line has been drawn in the EU directive.
Ross, do you want to come in?