Should causing severe environmental damage be treated as a serious and distinct criminal offence? Are current penalties imposed by courts on individuals and organisations adequate? Could creating this offence impact on legitimate activities?
These are the types of questions The Scottish Parliament’s Net Zero, Energy & Transport Committee is putting to members of the public and organisations with an interest in environmental issues, as they launch their call for views into the Ecocide (Scotland) Bill.
If approved by Parliament, this Bill would introduce the crime of ecocide into Scots law for the first time.
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’.
The Scottish Parliament news release cites examples of areas where severe environmental harm could take place may include oil spills; fracking; deep sea mining; through the marketing or use of ozone-depleting substances; industrial over-fishing; arson and water & soil pollution from chemical spills.
The Bill was introduced by Monica Lennon MSP on 29 May 2025. Ms Lennon believes that creating a distinct criminal offence and increasing the penalties for perpetrators, would reduce the likelihood of future incidents and help protect Scotland’s population, wildlife and ecosystems.
Proposals in the Bill allow for both people and organisations to be convicted of ecocide with custodial sentences of up to 20 years and unlimited fines.
Launching the call for views, Convener of the Net Zero, Energy & Transport Commitee, Edward Mountain MSP, said; “Introducing ecocide into Scots criminal law could send a strong message to individuals and organisations about the gravity of serious environmental damage and act as a deterrent, changing corporate behaviour and individual decision-making for the better.
“While protecting the environment is vital, it’s also important to ensure that any new measures strike the right balance – avoiding disproportionate costs for public bodies, individuals and businesses, or inhibiting development or infrastructure in places where it is needed and wanted.”
The Committee expects to take evidence on the Bill after summer recess and report its recommendations to Parliament.
The call for views will be open until Tuesday 9 September 2025 and can be accessed here.