The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1810 contributions
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
Well, think about accountability, and about raising the bar and expectations.
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
I will ask some questions about liability and how it is defined in the bill. The bill proposes thresholds of “intent or recklessness” for individuals and “consent or connivance” for responsible individuals in an organisation. Some of the substantial amount of written evidence that we have received suggests that those are very high thresholds for accountability, and that the thresholds should also include negligence. It has also been suggested that there should be strict liability for individuals or organisations, or the penalisation of neglect on the part of responsible individuals, as is the case in other environmental legislation.
I am keen to get views from witnesses on how the bill is drafted. Do you support the approach to liability?
Dr Fifield, you are nodding your head. Is that deliberate? Are you happy with the bill as currently drafted?
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
As none of the other witnesses wants to come in on that, I will move to the next question, which is about how vicarious liability for the acts of employees or agents is separate from acts of directors and so on who are at fault. Jamie Whittle mentioned the Wildlife and Natural Environment (Scotland) Act 2011. How does that relate to what is in the bill? Are you happy with how it is all set out?
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
Do the other witnesses agree with Shivali Fifield on that issue?
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
Yes—I do not see anyone wanting to come in.
I want to follow on—
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
Is that about the definition that is in the bill or is it about the guidance?
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
That is very useful, thank you.
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
Would you like to come in, Jonnie? I am thinking particularly about Scottish businesses’ use of natural resources for food production.
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
Presumably it partly comes down to a risk assessment, as well. Catherine McWilliam, what are your thoughts?
Net Zero, Energy and Transport Committee
Meeting date: 23 September 2025
Sarah Boyack
Do any of the other witnesses agree with that?