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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 19 January 2026
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Displaying 1688 contributions

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Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Kevin Stewart

I am suggesting, convener, that you should point out to me where, under standing orders, you feel that my question is inappropriate.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

We will come to consenting bodies, including planning authorities, in a little while, but first I am asking about the operator viewpoints. We heard from the likes of NFU Scotland, the Scottish Fishermen’s Federation and others that they have concerns about the fact that the bill could cover activities that have been consented to, permitted or licensed. Perhaps we could deal with the operators first, if you do not mind, and then we can come to the individual consenting bodies.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

Convener, before we move into private session, I would like to make a point of clarification, please. I have had a look at chapter 12 of standing orders, which is on committee procedures. Earlier, you said that politics should be left at the door of the committee room, which I thought was rather a strange phrase to say in a Parliament, including in a parliamentary committee. There is nothing in standing orders—in chapter 12, on committee procedures—that says that that is the case. Will you please reflect on what you said earlier in your decision to close me down for asking what I think was a relevant question?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

It is not me who has to be convinced on that but them.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

A lot of the evidence has suggested that stronger enforcement of the existing law is as important as, if not more important than, creating a new offence. At any point did you consider strengthening section 40 of the RRA? At any point did you think that one of the ways of putting ecocide on the statute book would be through an amendment to the existing act?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

Equally, there is no defence in the bill that would prevent a consenting body from being held liable for ecocide. You started to go over some of the issues that we have heard about from planning authorities. Those letters came in after I raised issues at the committee on aspects of that matter. Some people did not really think that there was an issue with it. However, the letters from local authorities clearly show that they have concerns about that aspect of the bill. You said that you will work with the Government on amendments, but are there circumstances in which you believe that regulators should be held liable for causing severe environmental harm through authorised acts?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

I will give an example. In taking decisions, planners, councillors and planning ministers often have to perform a fine balancing act in looking at everything that is going on in a particular place before giving permission for an activity. Sometimes, advice is given to the effect that there might be an impact on a particular species, possibly a rare species, and folk are not certain about what might happen if permission is granted but have to make a decision about it. If they have made a decision in favour of granting permission and it is later found that there has been a major impact on a species—which some might regard as ecocide—what then happens and who is liable? Those are the unanswered questions that are in the minds of many folk. Again, that is about the creation of legal uncertainty.

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Kevin Stewart

I have a couple of simple questions. Cabinet secretary, neither you nor the Scottish Government has signed up to the agreement because it is an international agreement and, as you pointed out earlier, we are, unfortunately, not a nation state at this time. Would that be correct?

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Kevin Stewart

We will deal with it after the meeting, convener.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

I refer members to my entry in the register of members’ interests. Unison has been mentioned, and I am a member of Unison.

The bill does not provide a defence for an operator of permitted, licensed or consented activities. You will be aware that the committee has heard mixed views on that, with some people considering that consented activities would be unlikely to reach the mens rea standard of “intent of recklessness”. Extremely serious concerns about regulatory certainty have also been raised. Why did you take the decision not to include a permitting defence in the bill, and what is your current position on the issue, having heard all the evidence?