MSPs back Bill to introduce criminal offence of ecocide

MSPs have backed a Bill that would criminalise ecocide in Scotland, with penalties of up to 20 years in prison and unlimited fines.

The general principles of the Ecocide (Scotland) Bill was supported by 90 votes to 26 at stage one on Thursday.

The Bill, proposed by Labour MSP Monica Lennon, creates a standalone offence of ecocide, introducing strict duties on company executives and the Government to protect the natural environment.

Ms Lennon’s policy objectives in introducing the Bill are to ensure environmental damage which meets the definition of ecocide is treated as a criminal offence, and to deter companies and individuals from acting in ways that may cause ecocide.

Ms Lennon said: “This Bill recognises a simple truth, the most egregious act of environmental destruction must be treated as the serious crimes they are. Scotland must be more ambitious.

“The aim of this Bill is to prevent mass environmental destruction by introducing severe penalties, including a new offence under criminal law that is a deterrent designed to change corporate culture and send an unmistakable signal; Scotland values our nature above illegal profit.”

The Scottish Government had previously confirmed it would support the general principles of the Bill at stage one.

Climate Action and Energy Secretary Gillian Martin said: “I do think remaining issues raised by the committee must be adequately considered by Ms Lennon ahead of stage three.

“Even though we might not all agree on a lot of the issues, I think there is a general consensus that environmental crime should be punished, and they should be punished in a way that deters any kind of environmental damage of whatever nature.”

Labour MSP Sarah Boyack said Scotland must not fall behind on legislation.

She said: “I think a key argument made by Monica Lennon was the fact that the EU environmental crime directive will see EU states strengthening their legislation and increasing penalties. It is vital that we do not fall behind other countries, to send a clear message that ecocide is not acceptable.”

Green MSP Mark Ruskell said his party also supports the general principles of the Bill. He said: “It is right that an offence of ecocide is reflected in law, and it should be a criminal offence of the highest order to intentionally destroy our environment, our common future.

“I am pleased that the Scottish Government have accepted that principle and want us to join the flotilla of countries who are embedding ecocide into their own domestic legislation.

“The Scottish Greens will be backing the general principles of the ecocide Bill, but I am aware through the evidence we have taken in committee that there are major amendments that would be required if this Bill is to pass stage three in the weeks ahead.”

The Liberal Democrats also supported the Bill at stage one.

However, concerns raised by a Holyrood committee over a lack of time for the Bill meant the Scottish Conservatives said they would not support it as it stands.

Tory MSP Douglas Lumsden said: “We’ve reached the crunch time of a parliamentary session when Bills such as this one, simply I feel do not have the time and space to be debated properly and implemented correctly.

“The committee report on this Bill also raised issues as the clarity of definitions on key terms within the Bill, that they were insufficiently robust using terms such as widespread and long-term.

“The committee also felt that the approach to those who were liable for ecocide was too narrow, as well as concerns around the compatibility with the ECHR. As a member of the committee, and having heard all this evidence, I am in agreement that this Bill is not in a place where we can take it forward beyond stage one.”