Ecocide (Scotland) Bill

Opens 30 Jun 2025

Closes 9 Sep 2025

Contact

Net Zero, Energy and Transport Committee

netzero.committee@parliament.scot

Overview

The Scottish Parliament’s Net Zero, Energy and Transport Committee is seeking your views on the Ecocide (Scotland) Bill.  

Those views will inform the Committee’s scrutiny. 

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 

About the Ecocide (Scotland) Bill  

The Ecocide (Scotland) Bill is a Member’s Bill introduced by Monica Lennon MSP on 29 May 2025. The Bill has been referred to the Net Zero, Energy and Transport Committee for Stage 1 consideration.  

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, or 

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. 

Ministers will need to submit a report to Parliament after five years on the operation of the Bill.

Why the Bill was created 

Monica Lennon MSP believes that causing severe environmental damage should be treated as a serious criminal offence. She feels that courts are not able to impose severe enough penalties when an individual or organisation causes this level of damage. 

Making ecocide a criminal offence would ensure that courts are able to impose appropriate penalties.   

Ms. Lennon believes that introducing this criminal offence would reduce the likelihood of future incidents that cause serious environmental harm. This would protect Scotland’s population, wildlife and ecosystems.

Find out more about the Bill and read its accompanying documents

Who we would like to hear from 

We 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

Questions

This consultation contains 24 questions relating to the Bill. You do not need to answer all questions.

Read the questions in this call for views

1. General Views 

1.1. Do you support the overall aim of the Ecocide (Scotland) Bill to criminalise the most serious forms of environmental harm? 
 
1.2. How would the Bill interact with existing law, in particular section 40 of the Regulatory Reform (Scotland) Act?  

2. Definition and Scope of the Offence (section 1) 

2.1. The Bill defines ecocide as causing "severe environmental harm", where “severe” means that the environmental harm has “serious adverse effects” and is either "widespread" or "long-term". Do you agree with the definition of ecocide in the Bill?  

2.2. Please comment on the definitions of the following and whether you consider they are defined clearly and appropriately: 

2.3. The offence applies to harm caused either intentionally or recklessly. Do you consider this threshold to be appropriate? 

  • “Severe environmental harm” 
  • “Widespread” 
  • “Long-term” 

2.4. Is it clear how the Bill would apply in cases such as where environmental harm is: 

  • A result of cumulative damage caused by multiple acts e.g. consumption or disposal of a product  
  • A result of a form of land management which is otherwise legal e.g. use of chemicals 
  • A result of a project or development which has been consented or licenced by a public authority?  

3. Defence of Necessity (section 2) 

3.1. The Bill includes a defence of "necessity" where ecocide was committed to prevent greater harm (not including financial harm). Do you agree with this approach?  

3.2. Do you have any concerns about how this defence could be interpreted or applied?Shape 

4. Individual and Organisational Liability (sections 3 and 4) 

4.1. The Bill allows for individuals, organisations and specified senior individuals (e.g. directors or partners) of organisations to be held liable for ecocide. Do you support this approach?  

4.2. Are the provisions on individual and organisational culpability sufficiently clear and appropriate, including the definitions of who is a “responsible individual”? 

4.3. Are the provisions on vicarious liability clear and appropriate?  

5. Penalties and Deterrence (sections 5-8) 

5.1. The Bill proposes a maximum custodial sentence of 20 years and unlimited fines (or an unlimited fine in the case of an organisation). Are these penalties appropriate and proportionate? 

5.2. Should the Bill consider alternative or additional penalties?  

5.3. Does the potential for publicity orders (mandatory publication of conviction details) add meaningful deterrence? 

6. Enforcement and Institutional Readiness (section 9) 

6.1. Which enforcement bodies do you consider to be key to responding to potential ecocide events, and do you believe enforcement agencies such as SEPA, Police Scotland and COPFS are currently equipped to investigate and prosecute ecocide? 

6.2. What additional resources, training or powers (if any) would be required to effectively enforce the provisions in the Bill and are these reflected in the Financial Memorandum? 

7. Sectoral, Economic and Community Impacts 

7.1. What impact could the offence of ecocide have on Scottish businesses and what sectors could be most impacted?  

7.2. Are the Bill’s safeguards (e.g. mental threshold, necessity defence, vicarious liability provisions) sufficient to protect legitimate industrial and other activities which may pose a risk to the environment? 

7.3. The Committee is interested in your views on the potential implications of the Bill on: 

  • Local communities 
  • Rural economies 
  • Innovation or investment 
  • Equalities and human rights  

8. Alignment with International and EU Law and developments in other countries 

8.1. How well does the Bill align with international developments (e.g. EU Environmental Crime Directive, Stop Ecocide campaign, individual country approaches)?  

9. Reporting and Oversight (section 10) 

9.1. The Bill requires regular reporting by Scottish Ministers on enforcement and outcomes. What are your views on these provisions and if they are appropriate? 

9.2. What other forms of parliamentary or independent oversight might be appropriate? 

10. Final Comments 

10.1. Are there any other issues or concerns you would like to raise regarding the Bill? 

10.2. Do you have suggestions to improve the Bill or make it more effective? 

Analysis

The Scottish Parliament Information Centre (SPICe) will prepare a summary and analysis of responses. 

Confidentiality and publication of responses 

Please let us know if you wish your response to remain confidential. You can also ask for your submission to be anonymised. 

We aim to publish all the submissions we receive. The only exceptions are where submissions are made on a “confidential” or “not for publication” basis. 

Submit your views

Please submit your views using the online submission form, linked to below.

We welcome written views in English, Gaelic, Scots or any other language. 

The call for views closes on 9 September 2025.

Submit your views

This activity will open on 30 Jun 2025. Please come back on or after this date to give us your views.

Interests

  • NZET