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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 22 January 2026
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Displaying 858 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

There is a concern that ecocide could have been committed but that it would be hard to hold anyone to account for it, because of the threshold.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

SEPA questioned the costs that are in the financial memorandum on leading on investigating an ecocide event. Other organisations, such as NatureScot, have key environmental protection roles. Section 9 will expand enforcement powers. Do we need to enable other authorities to have enforcement powers?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

You cut me off before the second half of the question. Yes, this is new legislation, but I put on the record that we have heard concerns from some organisations that they are challenged financially to implement the existing legislation. We heard in previous evidence that there has been a doubling of public complaints but the number of prosecutions has significantly declined. Is there an issue with existing law that needs attention as well as the consideration of ecocide? The two issues are linked. That has been suggested to us by different organisations.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

We have been talking about the section 40 offence in the 2014 act. You would prefer this legislation to amending the section 40 offence in the 2014 act—

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

Organisations have flagged the issue of the costs of implementing the bill. The Scottish Environment Protection Agency raised concerns that the financial memorandum underestimates the costs that it might have to bear, and NatureScot questioned whether it would need enforcement powers extended to it so that it could work with SEPA in relation to protected sites or ecosystems. We also received evidence from West Lothian Council that it lacks resources in relation to monitoring issues, breaches of planning conditions and situations where local authorities are the first responder to a local event.

Do you have any comment on the need to ensure that there is further investment in public sector organisations so that they can implement the legislation?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

A response from the Government on that is important, because different organisations have raised that concern. The other issue that has been mentioned by several organisations is that they are concerned that stronger enforcement of existing law would be as important as creating an ecocide law on top of existing law. There are also concerns about having the legal tools and the resources. Cabinet secretary, you just said that this is a new piece of legislation so it is not for you to address, but concerns have been raised that are not—

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

That has come up in evidence.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Sarah Boyack

I was focusing on the actual organisation that would be held to account and on accountability.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 2

Meeting date: 26 November 2025

Sarah Boyack

One of the issues that I mentioned was new criminal offences or charges that could be created through secondary legislation. Can you confirm whether the affirmative procedure would be required for such a change? It is about being proportionate in using that opportunity.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 2

Meeting date: 26 November 2025

Sarah Boyack

The purpose of my amendments is to fix those problems in the legislation, and I engaged with stakeholders to see how we could do that. It is up to committee members to decide which options they want to support. I was trying to be constructive by increasing accountability and avoiding that non-regression challenge by preventing environmental regulations being inadvertently reduced. I was trying to come up with amendments that would help and strengthen the bill, because, as you suggested, the current wording significantly weakens environmental protections. It is about getting that joined-up thinking and accountability.

My amendment 10 would ensure that changes are substantive and accountable, that we debate such issues openly in the Parliament and that they do not just slip under people’s notice. Accountability cannot be left only to ministerial discretion through secondary legislation. I was trying to drive joined-up thinking and action on the climate and nature crises that we face and that will only get worse. What a minister sees as simplification might weaken environmental protections, so I wanted to include protections in the bill. It is up to the committee members to decide how to vote.

I have listened to Alasdair Allan’s suggestions about what his amendments would do, and I will listen to the rest of the debate.