Monica Lennon warns 'unwise' to pause her ecocide plans in memory of Scottish campaigner
Monica Lennon’s ecocide plans will be voted on by MSPs this afternoon.
The MSP attempting to outlaw ecocide has warned it would be “unwise” to pause her legislation with current laws to protect the environment failing to do what was intended.
Scottish Labour MSP Monica Lennon said she was “feeling positive and optimistic” ahead of her members bill to make ecocide a criminal offence undergoing its first Holyrood debate and vote this afternoon (Thursday).
It is understood Ms Lennon should have the numbers required to pass the stage one vote on the general principles of her legislation, with the only party fully opposed to her plans being the Scottish Tories. It is believed that Reform UK’s only MSP, Graham Simpson, is poised to back the plans.
Under the plans, guilty executives would face between ten and 20 years in jail, while companies would be hit with financial sanctions worth up to 10 per cent of worldwide turnover.
READ MORE: The massive penalties public bodies and water companies would face for ecocide in Scotland
The proposed Ecocide (Prevention) (Scotland) Bill defines ecocide as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment of Scotland being caused by those acts”.
Speaking to The Scotsman, Ms Lennon warned that “we do need to criminalise ecocide”.
She added: “There’s just different views on how to do that.
“It would be unwise for Scotland to hit the pause button right now. Currently, legislation for protecting the environment in Scotland is not working in the way it was anticipated to work. We are simply not seeing prosecutions under section 40 of the existing legislation.”
The Holyrood committee that has been taking evidence and examining the proposed legislation, has warned Ms Lennon’s plans may not be the best solution to outlaw ecocide.
Instead, the majority of MSPs on Holyrood’s net zero, energy and transport committee, has suggested that the so-called section 40 of the 2014 Regulatory Reform Act could be amended instead, with an “apex” tier for ecocide-level harm with increased penalties. But warnings have been issued over a lack of prosecutions under the section 40 offences.
The majority of MSPs on the committee warned over a lack of time left before the parliament is dissolved for the election,
“I don’t think they realise how much work has been going on behind the scenes”, Ms Lennon said.
“There has been so much ground work done with the bill. The Government has already drafted some amendments for stage two. The next stage doesn’t need to be at all lengthy - it can be focused and streamlined.”
It is thought that Pam Gosal withdrawing her domestic abuse bill due to a lack of support and Ash Regan’s prostitution bill being voted down at stage one will help give Ms Lennon’s proposals more time to be looked at before the election.
Ms Lennon’s first members bill tackling period poverty, was also supported by the Scottish Government - with the SNP even trying to take credit for the legislation.
“I learned a lot during my first session of parliament with my members bill on period poverty”, she said.
“I saw how important it was to work through cross-party with open dialogue and trust colleagues who we don’t always agree with on other issues.
“I just had an open-door policy on this. The government have been really good, Gillian Martin in particular.”
Scottish barrister Polly Higgins led a decade-long campaign for ecocide to be recognised as a crime before she died in 2019.
The Scottish Labour MSP said if her bill passes the first vote, it will be “a very special day for everyone who knew and loved Polly Higgins”.
Ms Lennon added that outlawing ecocide was “a vision championed by Polly, who fell in love with the environment growing up as a child on the banks of Loch Lomond”.
In a letter to Holyrood’s net zero committee, Ms Martin confirmed “the Scottish Government is supportive of the principle of an offence of ecocide for the most serious and wilful acts of harm to the environment”.
She added: “If the general principles of the Bill are agreed to by the parliament at Stage 1, the government will look to work constructively and rapidly with Monica Lennon and the committee to prepare and agree effective amendments to the Bill where these are appropriate to address the concerns raised. “
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