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 1783 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I will give an example. In taking decisions, planners, councillors and planning ministers often have to perform a fine balancing act in looking at everything that is going on in a particular place before giving permission for an activity. Sometimes, advice is given to the effect that there might be an impact on a particular species, possibly a rare species, and folk are not certain about what might happen if permission is granted but have to make a decision about it. If they have made a decision in favour of granting permission and it is later found that there has been a major impact on a species—which some might regard as ecocide—what then happens and who is liable? Those are the unanswered questions that are in the minds of many folk. Again, that is about the creation of legal uncertainty.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
A lot of the evidence has suggested that stronger enforcement of the existing law is as important as, if not more important than, creating a new offence. At any point did you consider strengthening section 40 of the RRA? At any point did you think that one of the ways of putting ecocide on the statute book would be through an amendment to the existing act?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I welcome what Ms Lennon has said about her door being open to those who are likely to lodge amendments. My problem is that, as we have gone on with our consideration of the bill, other cans of worms have been opened. We have heard from the planning authorities, and, of late, I have been listening to elected members in councils who have just cottoned on to the bill. It is fine for us to be able to lodge amendments, but it is simply not possible to listen to all the concerns in the time available, and that causes me a huge degree of concern.
Some members were doubtful about how planners would see the bill, and those doubts have been shown to be justified. Now, I am hearing from elected members, who are saying, “I don’t know whether I would vote for that.” That must all be taken into consideration if we are to get the legislation absolutely right. I come back to my point about the level of unintended consequences that the bill might have, which we need to explore further.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
It is not great that we are dealing with the LCM in this manner and that, once again, the UK Government seems to be riding roughshod over devolved competences. It would be much better overall if this was an independent Parliament deciding on this as a whole, as an international signatory—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
This is a Parliament—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I am sorry convener, but this is a Parliament and we have politics—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
I am suggesting, convener, that you should point out to me where, under standing orders, you feel that my question is inappropriate.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
We will come to consenting bodies, including planning authorities, in a little while, but first I am asking about the operator viewpoints. We heard from the likes of NFU Scotland, the Scottish Fishermen’s Federation and others that they have concerns about the fact that the bill could cover activities that have been consented to, permitted or licensed. Perhaps we could deal with the operators first, if you do not mind, and then we can come to the individual consenting bodies.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
The SFF has suggested that the bill as drafted creates a huge amount of legal uncertainty. Are you willing, at a future stage, to accept amendments that will provide a defence for operators of permitted, licensed or consented activities?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Kevin Stewart
You mentioned the RRA. It provides for certain defences. Do you not think that your bill should act in a similar manner in that regard?
The fear and legal uncertainty that some organisations express is not necessarily because they think that they are doing anything wrong at the moment that would lead to ecocide but because some future scientific discovery might show that something that they did over a long period might have caused difficulties. Those folks are quite worried about the unknowns. That is a genuine worry; it is not a blockage for the sake of blockage.