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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 13 December 2025
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Displaying 2447 contributions

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Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

I am just checking—could we still say that we had created an ecocide offence, because we could put that in the bill that amended the 2014 act—

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

So it is possible, but it would perhaps not be as visible as the member in charge of the bill would like it to be. I just wanted to check that.

When we are wrestling with the difference between an ecocide offence and reform of the 2014 act, we need to look at the definition of “ecocide” in relation to there being “serious adverse effects” that are either “widespread” or “long-term”. The committee’s notes referred to that as a bespoke definition; I think that you also used that term earlier, cabinet secretary. Is that definition necessary, and is it appropriate to define “severe environmental harm” in the way that is done in the bill for the purpose of an ecocide offence?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

I appreciate that these are quite difficult matters to navigate around. The committee is thinking—or at least I am thinking—about the fact that an environmental impact from 2024 to 2025 might be relatively minor but that an environmental impact from 1985 to 2025 might be quite significant and profound. You could see that the impact might not look that significant in one year, but that, incrementally—

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

People say that you should not ask a question that you do not know the answer to, cabinet secretary, but I am going to do it anyway. How does section 40 of the 2014 act deal with such long-term impacts? Does the 2014 act have appropriate provisions in that regard?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

Yes, of course.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

Yes, of course.

I want to look at how the bill applies some other definitions in relation to the harm caused by a course of conduct or consequential impact over time. Is the bill sufficiently clear on that aspect? In earlier evidence sessions, we have talked about the fact that an organisation could believe that it had a clean bill of health each year because it was meeting all the regulatory requirements—it was respecting and considering those requirements. However, if someone were to look at the impact over a significant amount of time, the organisation could find that its activities fell within the definition of ecocide. Is the way that the bill would apply in relation to the harm caused by a course of conduct or consequential impact over time appropriate?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

You do not believe that the bill needs to be more explicit than it is.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

Cabinet secretary, I think that I am wrestling with the same thing that the Government has been wresting with in relation to whether to create a stand-alone offence or to reform the 2014 act. If the Regulatory Reform (Scotland) Act 2014 were to be reformed, with the addition of sentencing powers to impose sentences of up to 20 years, guidance would have to be issued in relation to that, and the word “ecocide” could be used in any legislation that reformed the 2014 act. In effect, my question is whether we can create provisions for an ecocide offence by reforming the 2014 act. Does it have to be either/or?

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

The reason why I asked the question was to establish whether the Scottish Government thinks that the offence is clear and distinct from the current legislation—that this offence is different from the current definitions.

Net Zero, Energy and Transport Committee [Draft]

Ecocide (Scotland) Bill: Stage 1

Meeting date: 2 December 2025

Bob Doris

I know that my colleagues want to explore that aspect in much more detail later, so I will not explore it further, tempting as it is.

A number of witnesses have suggested to the committee that an ecocide offence should explicitly cover omissions or failures to act as well as acts themselves, as with section 40 of the 2014 act, given that a failure to act could also cause environmental harm. Does the Scottish Government have a view on that?