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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 8 December 2025
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Displaying 1593 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Good afternoon. The proposed ecocide offence does not include a defence that the harm was caused by permitted or licensed activity. That has raised a lot of concern and uncertainty in industry. Is that a valid approach? Has a similar approach caused debate in other jurisdictions?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

What happens if a licence or a permit has been granted and the system has not been abused, yet it is suggested at a later point that an ecocide event has taken place?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Rachel Killean, could you comment?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

That would be useful.

Equally, there is no defence in the bill that would apparently prevent a regulator or consenting body from being held liable for ecocide. Again, as mentioned by Murdo MacLeod, that is in contrast to the 2014 act, which sets out defences on the side of the regulator and on the side of the operator for authorised acts. Should regulators be protected from liability for environmental harm when issuing consents under the relevant legislation, or are there instances where a regulator should be held liable?

I have to say that certain aspects of this issue have caused quite a lot of consternation as our hearings have gone on, certainly leading to food for thought for the likes of councillors who serve on planning committees. We will start with Rachael Weir this time.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

I am sure that Iain Batho is going to tell me exactly the same thing.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Okay, thanks.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

Thank you very much, convener, and good morning.

The bill does not explicitly set out that undertaking licensed or consented activities cannot constitute ecocide or provide a defence along those lines. Different sectors have raised a number of concerns about that, including in evidence during our hearings on the bill from representatives of farming, fishing and renewables. Is the approach in the bill appropriate? What are the implications for regulatory certainty? I will go to Clare Moran first.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

But it would be fair to say that the bill provides no comfort for consenters.

I have one final question, convener. Murdo MacLeod mentioned that this Parliament is currently looking at the Dog Theft (Scotland) Bill. The stealing of dogs is already a criminal offence, as we all know. That makes me wonder whether we get our legislative priorities right as a Parliament. There have been indications today from the panel that, rather than pass this new bill, one of the options would be to go back and look at the 2014 act, and maybe change aspects of it, including the possibility of increasing sentences under that act. Is it fair to say that, Iain?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

How have they dealt with the issue in other jurisdictions?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 11 November 2025

Kevin Stewart

I will leave it there. Thank you.