Hansard

I begin by declaring a financial interest, which is listed in my entry in the register of interests: I have received in-kind support from Stop Ecocide International.

Today, we have a historic opportunity to join a global movement and take the first step towards introducing ecocide law in Scotland. The bill recognises a simple truth: the most egregious acts of environmental destruction must be treated as the serious crimes that they are. Scotland must be more ambitious. The aim of the bill is to prevent mass environmental destruction by introducing severe penalties, including a new offence under criminal law. That is a deterrent that is designed to change corporate culture and to send an unmistakable signal that Scotland values our nature above illegal profit.

There is a growing international recognition that existing laws are insufficient to protect our planet. The bill has received wide-ranging support from the public, businesses, workers and experts, echoing a trend that has been seen in Belgium, in France and far beyond.

I am deeply inspired by the work of Polly Higgins, the late Scottish lawyer and environmentalist. Polly understood that, to protect nature, we must change the rules. By criminalising ecocide, Scotland would show solidarity with those nations that are most affected by climate change and biodiversity loss. As Polly once said, it is a

“simple law to protect the Earth”.

I agree. It is a necessary guardrail for our fragile planet, not just globally but locally.

This year, 2026, is the year of green activity, an initiative that was recently launched by Unison to underscore the movement of workers who demand greener and safeguarded workplaces and communities to live in.

Today is the culmination of stage 1 scrutiny. I thank the Net Zero, Energy and Transport Committee and the other committees involved for their diligent work. I am encouraged by the cross-party support for strengthening environmental law, and I warmly welcome the Scottish Government’s support for the general principles of the bill.

I acknowledge the committee’s concerns regarding the limited time that is left in this parliamentary session. To that end, my bill officials and I have been working intensively with the Scottish Government to draft amendments that address the themes that were raised during the evidence sessions. We are committed to consulting key stakeholders to ensure that their expertise fully informs stage 2.

I turn to the offence. The bill defines ecocide as causing “severe environmental harm” that is either reckless or intentional. Severe harm means harm that is either widespread or long-term. Critically, the bill allows for both individuals and organisations to be convicted. Penalties are significant: individuals could face up to 20 years in prison, and, for organisations, there is no limit on fines. Furthermore, the courts will be empowered to require compensation to repair or mitigate the damage caused.

I want to be clear on two points that were raised during scrutiny. First, on permits, I note that the bill would not criminalise legitimate licensed activities. It is not designed to target businesses that are operating responsibly under current regulations or to impact planning decisions. Members should think of it as a regulatory pyramid, with ecocide law overarching at the top.

Secondly, on the existing law that we have in Scotland, some people have asked whether we can simply amend the Regulatory Reform (Scotland) Act 2014. I do not believe that that is sufficient. The 2014 act deals with strict liability, but ecocide requires a stand-alone crime with a high threshold and corresponding penalties.

Last month, the United Kingdom Government published a national security assessment that identified ecosystem collapse as a direct threat to security and prosperity. That report, which was produced by the UK intelligence community, adds to the evidence base for the need to have an apex environmental law. I will probably return to that in more detail in my closing remarks, as I respond to colleagues’ questions about particular suggestions for amendments.

Our purpose today is not to resolve every technical detail but to agree on the general principles of the bill, so that we may proceed to stage 2. The committee’s main concern is time, not principle. I reassure members that the work to address concerns is well under way, for which I am extremely grateful to the cabinet secretary, her officials and the Parliament’s non-Government bills unit. To allow that work to continue at pace tomorrow, we can say yes today and take this urgent step towards preventing environmental destruction for generations to come.

I move,

That the Parliament agrees to the general principles of the Ecocide (Scotland) Bill.