Launching the call for views on the Ecocide (Scotland) Bill, Convener of the Net Zero, Energy & Transport Commitee, Edward Mountain MSP
Holyrood’s Net Zero, Energy & Transport Committee has launched a call for views on the Ecocide (Scotland) Bill, which proposes to introduce the crime of ecocide into Scots law for the first time.
The Committee is inviting members of the public and interested organisations to share their perspectives on whether causing severe environmental damage should be treated as a serious and distinct criminal offence.
The Bill, introduced by Monica Lennon MSP on 29 May 2025, aims to reduce the likelihood of future environmental incidents and enhance the protection of Scotland’s population, wildlife, and ecosystems by creating a specific criminal offence with increased penalties. Under the proposals, both individuals and organisations could be convicted of ecocide, facing custodial sentences of up to 20 years and unlimited fines.
Edward Mountain MSP, Convener of the Net Zero, Energy & Transport Committee, emphasised the importance of the consultation. “We all agree on the need to address the biodiversity crisis and protect and restore fragile ecosystems. That includes making sure there are fitting penalties for serious environmental damage,” he stated.
Mountain added that 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.” However, he also stressed the need for balance, ensuring new measures avoid disproportionate costs for public bodies, individuals, and businesses, and do not inhibit necessary development or infrastructure.
The Committee also seeks input on the effectiveness of current measures to combat environmental damage and whether they are supported by sufficient resources. The call for views will remain open until Tuesday, 09 September 2025, providing an opportunity for comprehensive public engagement. The Committee anticipates taking evidence on the Bill after the summer recess, before reporting its recommendations to Parliament.
Under the Bill’s definition, ecocide involves causing severe environmental harm in a way that is either reckless or intentional. ‘Severe’ is further defined as environmental harm that has serious adverse effects and is either ‘widespread’ or ‘long-term’. Examples of severe environmental harm cited include oil spills, fracking, deep sea mining, the marketing or use of ozone-depleting substances, industrial over-fishing, arson, and water and soil pollution from chemical spills.
Potential Implications for Commercial Fishing
The introduction of an ecocide law in Scotland could have significant implications for the commercial fishing industry, particularly for practices known to interact heavily with marine ecosystems. Methods such as bottom-trawling (including beam trawling), seine-netting, and scallop dredging could face increased scrutiny. The Bill’s inclusion of “industrial over-fishing” as an example of severe environmental harm suggests a broader focus on the ecological impact of fishing activities that might cause “severe, widespread, or long-term environmental harm.”
Bottom-trawling, a method that involves dragging a large net along the seabed, has long been a subject of environmental concern due to its potential to damage marine habitats, including sensitive areas like coral and sponge gardens. Similarly, scallop dredging can cause significant disturbance to the seabed. If such damage from these methods were deemed “severe” and “widespread” or “long-term” under the proposed law, operators employing them could face legal scrutiny and potentially significant penalties.
Seine-netting, generally considered a more selective and less seabed-impacting method, might also face potential review if its application leads to widespread or long-term ecosystem disruption. The legislative proposals could prompt a re-evaluation of current fishing practices across the industry, encouraging a shift towards methods with demonstrably lower environmental footprints to mitigate legal risks and ensure compliance with the new legal framework. The industry might need to invest further in research and technology to demonstrate the sustainable nature of their operations.
Source: Scottish Parliament
