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The Scottish Parliament is now dissolved ahead of the election on Thursday 7 May 2026.

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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. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1199 contributions

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Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Sure. As you have mentioned, the policy intention is to target senior management, but the threshold for liability in section 1 relates to intent and recklessness, so the actions of a non-senior member of staff could make them liable under the bill if it were enacted. Is my understanding of that correct?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

That is helpful. I am conscious that, as the member who introduced the bill, you are relying on advice from the non-Government bills unit and the Parliament’s legal team. This question is specifically for the Parliament’s legal team: why did you not identify the bill’s lack of compatibility with the ECHR?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

From the Parliament’s point of view, do you consider that the bill is compatible with the ECHR?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

[Inaudible.]—I do not think that they would.

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

Parts 2 and 3 of the bill provide regulation-making powers to UK Government ministers. What is the Scottish Government’s position on those powers?

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

In part 2.

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Michael Matheson

You are opposed to it as it stands—is that correct?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Are you of the view that the existing thresholds are sufficient, or do you think that there might be a need to amend them on the basis of the evidence that we have heard to date?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Okay.

You will have heard in last week’s evidence from the Cabinet Secretary for Climate Action and Energy that the Scottish Government considers that the bill as introduced is not compatible with the European convention on human rights. She referred specifically to section 2(3), which is on establishing a defence of necessity

“on the balance of probabilities”.

Do you believe that the Scottish Government’s view that that is not compatible with the ECHR is correct? If so, what consideration did you give to that when you were drafting the provision in the bill?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Michael Matheson

Good morning. I want to stick with the thresholds for liability in the bill. You will have heard and read some of the evidence that the committee has received, which raises questions about whether the thresholds are appropriate, largely on the basis that the provisions do not include negligence. Currently, section 1 requires intent or recklessness, and the threshold for responsible officials is “consent or connivance”. Could you explain why you have chosen not to include negligence in the provision?