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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 10 December 2025
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Displaying 1963 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

I would say that the word “negligence” suggests that you do not know what you are doing, and that is a problem.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

With regard to vicarious liability, what is your view of contractors that do work for the main company, for example?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

Therefore, you think that, if a company is following a proper process, it is the contracting company that—

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

Could the bill have any unintended consequences? For example, is there any danger of companies moving their headquarters away from Scotland because there is an ecocide law in place?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

Could there be any other unintended consequences?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

The threshold of liability for senior responsible officials of an organisation is consent or connivance. The committee has heard that “consent, connivance or neglect” would be more in keeping with comparable provisions. Does the Government have a view on that? Should neglect be added?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

The committee has heard concerns that defining the responsibility of individuals in relation to the corresponding type of organisation could leave scope for non-senior staff—middle managers, for example—to be prosecuted. Do you think that that is right?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

However, if a contracting company was acting in a way that was—I will stay away from the word “negligent”—

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

Yes. Therefore, the responsibility would rest with the contracting company. Maybe, if the contractor had gone a bit rogue, the contractor would be responsible.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Douglas Lumsden

So you think that that is covered.