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Chamber and committees

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 15 December 2025
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Displaying 2653 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

I hope that it will never happen.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

I think that what is being put to us is more about incident reporting. If there was something like a Deepwater Horizon incident—God forbid—in Scotland, it would be about looking back and saying, “How did this occur, given that we have a permitting regime, and what could be learned?” rather than a wider assessment of whether the act is working.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

I think that you are saying that there is no need for amendment of the 2014 act as it stands at the moment.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

As the convener said, we had evidence from the Crown Office and Procurator Fiscal Service that said, in effect, that, if it has to make a decision, it may go down the 2014 act route because the bar is lower and the chances of conviction are, on the face of it, much higher. It is a question of ensuring that options are available at any stage in the process, and that nobody is able to drive a coach and horses through the provisions.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

If there had been a severe environmental impact and clear intent, and if the court had to decide whether to impose a five-year penalty or an eight-year penalty, would an eight-year penalty not feel more like the result of an ecocide offence?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

Okay, I understand.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

Cabinet secretary, you said at the beginning of the evidence session that you would seek to amend the bill to remove the reporting provision. We have heard evidence and views from stakeholders that they would like to see an alternative reporting provision, which would follow any conviction to assess how ecocide was allowed to happen and look at how such an incident could be prevented in future. Is that something that you would consider as an alternative to the straight reporting of the bill?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

I think that other colleagues will want to come in on where some of the lines sit between the existing regime and a potential future regime.

Finally, I want to ask about alignment with EU law, in particular the environmental crime directive. In the past, has the Government considered using the keeping-pace power to align more closely with that? On the face of it, the bill would bring closer alignment with EU law, but the Government could have considered other options for bringing the law in line with that important EU directive, in particular on sentencing.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

Can that dovetailing be undertaken in the context of the bill, or is there a need to go back and look again at the Regulatory Reform (Scotland) Act 2014—if not under the bill, then in future? Is it possible for the 2014 act to simply sit there and seamlessly link in with the provisions in the bill?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Mark Ruskell

We have also heard that, where an ecocide offence has been introduced in other countries, it is very much seen as a stand-alone offence the drives a culture change throughout the whole regulatory system. It makes a strong statement about the country’s values and the need to protect the environment. You mentioned that a little in your introductory comments. Do you want to expand on that? What, in reality, do you see as the value of such an offence, given that it is likely that prosecution will be pretty rare?