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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. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1198 contributions

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Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

That would be helpful.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

I understand the concept and importing an example to fit that concept, but we do not know whether the definition in the bill would have applied to the circumstances of the example that you have given. Is that correct?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

Shivali, given your interest in Scots environmental law, do you have a view on that?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

Thanks.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

What happens if they are not acting on an instruction? What if they act in their own way, as a worker, and commit the offence of ecocide as a result? Who should then be sentenced by the courts?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

Simon Parsons, you are a director in a public agency. Do you think that you should be liable for the actions of your organisation, irrespective of who carries them out, which could carry a criminal penalty of up to 20 years in prison?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

Good morning. It is important that, before introducing any provision that creates new criminal law, we are clear about the nature of the gap in the law that we are trying to address and how the new offence would operate in practice.

Given the definition of “ecocide” in the bill and how that relates to the 2014 act provisions, can you give me a practical example from the past 10 to 20 years of an offence that the existing regulatory framework in Scotland has been insufficient to deal with and regarding which this new criminal law would have enabled us to prosecute an individual or an organisation? I will come to you, Jamie, given your expertise in Scots law.

09:30  

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

Can you remind me of the circumstances of that example?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

Excuse me, but that is not the question that I asked. What I am asking is: if a worker acts in such a way that results in ecocide, under the basic definition in the bill, who should be sentenced by the courts?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 23 September 2025

Michael Matheson

I want to turn to sections 1, 3 and 4 of the bill, which deal with the issue of liability. In the bill, liability is split broadly into two forms: individual liability, which requires “intent or recklessness”, and the responsibility of an organisation or an individual in an organisation, in the provisions on “consent or connivance”. Some have suggested that the threshold that has been set for liability in the bill is too high. Do you agree?