The Net Zero, Energy and Transport Committee is seeking your views on the Ecocide (Scotland) Bill, which aims to allow for people and organisations to be convicted of ecocide when they cause severe environmental harm in such a way that is either reckless or intentional.
The call for views and analysis:
- aim to help the Committee understand the reasons people have for either supporting or opposing the Bill
- aim to help the Committee understand how people would like to see the Bill amended
- will not establish whether more people support or oppose the Bill
Ecocide is defined in the Bill as causing severe environmental harm in such a way that is either reckless or intentional. For this Bill, “severe”, means environmental harm that has serious adverse effects, and is either “widespread” or “long-term”.
This Bill will allow for people and organisations to be convicted of ecocide. When someone acting as an employee commits ecocide, that person’s employer may also be convicted of the offence.
However, the employer can avoid conviction if they:
- can demonstrate they didn’t know about the employee actions
- couldn’t have suspected the employee would have committed ecocide
- had taken reasonable precautions to prevent the employee committing ecocide
Any individual convicted of ecocide could be jailed for up to twenty years and fined. Any organisation convicted of ecocide is liable to receive a fine.
Courts must take into account any financial benefit arising from the offence when deciding what level of fines to apply. Courts may also require compensation to be paid for any personal injury loss or damage caused by the offence. The costs of repairing or mitigating the effects of any harm to the environment resulting from the offence may also need to be paid.
In addition, the courts may also make a publicity order where a person is convicted of ecocide. This means that the details of the offence would be advertised.
Who can take part?
They welcome responses from a wide range of individuals and organisations, including:
- Members of the public
- Advocacy groups
- Professional bodies
- Industry experts
- Academic institutions
- Government agencies
How to take part
Please submit your views using the online submission form.
They welcome written views in English, Gaelic, Scots or any other language.
