Monica Lennon MSP introduced the Ecocide (Scotland) Bill in the Scottish Parliament on 29 May 2025. The Bill seeks to create a new criminal offence of ecocide to cover the most serious offences falling under the existing regulatory offence of causing significant environmental harm, found in section 40 of the Regulatory Reform (Scotland) Act 2014.
The Bill has been introduced to give the courts the power to order penalties which are more severe than those available through the 2014 Act for severe environmental harm. The belief is that this will reduce the likelihood of future incidents causing serious environmental harm, protecting Scotland’s population, wildlife and eco-system.
The Offence of Ecocide
The wording of the offence of ecocide echoes that of the Ecocide Bill introduced by Baroness Boycott in the House of Lords in November 2023. Under the Scottish Bill, the offence of ecocide is committed if a person or organisation intentionally or recklessly causes severe environmental harm. The harm is severe if it causes serious adverse effects which are widespread (directly or indirectly extending past a limited geographic area and impacting an ecosystem, species or large number of humans) or long-term (irreversible or unlikely to be reversed within 12 months through natural recovery).
The Financial Memorandum which accompanies the Bill notes that the Scottish Environment Protection Agency (SEPA) will take the principal role in investigating and enforcing an ecocide offence, with Police Scotland primarily supporting in the early stages of the incident and the Crown Office and Procurator Fiscal Service providing support during investigations.
Ecocide will be an indictable offence. Where an individual is convicted, they may face up to 20 years’ imprisonment and an unlimited fine, noting that as matters stand a fine cannot be imposed instead of imprisonment, but is in addition to this sentence. Organisations convicted of ecocide also face an unlimited financial penalty. Additionally, the Bill proposes to enable the court to make compensation orders and a publicity order which will require the individual or organisation to publicise the fact they have been convicted of ecocide, the particulars of the offence, and particulars of any other sentence(s) relating to the offence.
Other persons liable for an offence
Where an organisation commits the offence, the 'responsible person' within that organisation who is shown to have consented or connived to that offence will also be guilty of an offence. The Bill defines the responsible person as directors, secretaries, or other officers for a company; a member or partner of a partnership; and any person who manages or controls the affairs of any other body or association. Such an offence is not dissimilar to the offence found under Section 37(1) of the Health and Safety at Work etc Act 1974, though it will be noted that the state of knowledge or culpability required under the new offence is high, there being no offence committed due to neglect.
The Bill also introduces a vicarious liability offence, which would find employers and principals liable for the actions of persons acting as employees or agents who commit an ecocide offence. Vicarious liability a reasonably unusual concept in criminal law, where the general principle is that criminal liability is personal.
Available defences
An individual or organisation charged with ecocide may be able to use the defence of necessity, by showing the behaviour causing the severe harm was necessary and reasonable to prevent greater non-financial harm. In terms vicarious liability, a person may defend themselves if they can prove they did not know ecocide was being committed and took all reasonable precautions and exercised all due diligence to prevent ecocide from being committed within their organisation.
Next steps
The Bill has been introduced and is yet to reach Stage 1 where it will be considered and scrutinised by a Parliamentary committee who will report on the Bill to Scottish Parliament before it is debated and rejected or moved to Stage 2.
The Bill has received support from a number of cross-party MSPs. It remains to be seen as the Bill progresses through Parliament, what the final form of this new offence will cover and how severe the penalties will be.
In order to get ahead of the curve, organisations should review their environmental protection measures and current practices to determine whether they are fit for purpose, ahead of the Bill coming into effect. If you have any questions regarding how this new offence may affect you and your business, contact Clare Bone or one of our health and safety lawyers.
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