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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 10 January 2026
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Displaying 1072 contributions

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Net Zero, Energy and Transport Committee [Draft]

Draft Climate Change Plan

Meeting date: 16 December 2025

Michael Matheson

James Curran, do you have a view on whether the Scottish Government can learn lessons from the UK Government’s experience of using carbon budgets?

Net Zero, Energy and Transport Committee [Draft]

Draft Climate Change Plan

Meeting date: 16 December 2025

Michael Matheson

Does James Curran want to comment?

Net Zero, Energy and Transport Committee [Draft]

Draft Climate Change Plan

Meeting date: 16 December 2025

Michael Matheson

Jarrod Birch, given that you mentioned the issue earlier, do you want to respond?

Net Zero, Energy and Transport Committee [Draft]

Draft Climate Change Plan

Meeting date: 16 December 2025

Michael Matheson

Okay, thanks. That would be helpful.

Net Zero, Energy and Transport Committee [Draft]

Draft Climate Change Plan

Meeting date: 16 December 2025

Michael Matheson

Is there a reason for that?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Good morning. I want to stick with the thresholds for liability in the bill. You will have heard and read some of the evidence that the committee has received, which raises questions about whether the thresholds are appropriate, largely on the basis that the provisions do not include negligence. Currently, section 1 requires intent or recklessness, and the threshold for responsible officials is “consent or connivance”. Could you explain why you have chosen not to include negligence in the provision?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

A criminal conviction is not required to pursue a proceeds of crime matter. The Crown Office can go to the court and say, “This person has so much wealth that we believe they got it through criminal activity”, and seek a confiscation order. The individual then has to prove that that is not how they gained that wealth. I am just trying to understand how that would interact with the bill.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Okay.

You will have heard in last week’s evidence from the Cabinet Secretary for Climate Action and Energy that the Scottish Government considers that the bill as introduced is not compatible with the European convention on human rights. She referred specifically to section 2(3), which is on establishing a defence of necessity

“on the balance of probabilities”.

Do you believe that the Scottish Government’s view that that is not compatible with the ECHR is correct? If so, what consideration did you give to that when you were drafting the provision in the bill?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

I am asking you directly, given that you are the lawyer who has been giving advice on the matter. Do you consider that it is compatible with the ECHR?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Are you of the view that the existing thresholds are sufficient, or do you think that there might be a need to amend them on the basis of the evidence that we have heard to date?