The massive penalties public bodies and water companies would face for ecocide in Scotland

Water companies and public bodies would be subject to new ecocide laws proposed for Scotland.

Scotland's ecocide laws could result in public bodies such as councils and water companies facing criminal prosecutions, the MSP bringing forward the legislation has suggested.

Labour MSP Monica Lennon has confirmed she will officially introduce her Ecocide Bill at Holyrood later this month.

Yorkshire Water has been slammed by Abtisam Mohamed MP over a "completely unacceptable" increase in sewage spills. | UGC

The proposals could see executives at companies found to be committing ecocide jailed for up to 20 years and have assets seized. Amid a global move to outlaw ecocide, Ms Lennon’s members Bill would make Scotland the first part of the UK to legislate to tackle the environmental crime.

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But Ms Lennon has confirmed there would be an instrument within her proposed law that could see water companies and other bodies also face prosecution, alongside corporate businesses.

READ MORE: Pollution Scotland: Labour MSP behind Scottish ecocide law says it would scare major polluters into action

The Environmental Standards Scotland watchdog has warned sewage pollution of Scotland’s rivers and beaches is more widespread than initially thought - stressing there were thousands of sewage overflow incidents last year, with almost half of Scotland’s storm overflows releasing sewage more than 50 times.

Of those, a third released sewage at least 100 times, and four sites more than 500 times. Few of these incidents were publicly disclosed; most failed to be justified as exceptional.

According to Scottish Water’s own assessment, almost one in five - around 800 - sewage spill outlets across Scotland are in an “unsatisfactory” condition.

Although criminal activity would need to be evidenced, the ecocide laws would still apply to public bodies, including local councils.

Scottish Labour MSP Monica Lennon said she has has experienced more than her 'fair share' of 'ugly' social media comments, and previously had to call police to her home over harassment and security fears. Photo: Jeff J Mitchell/Getty Images

Ms Lennon has now secured the backing of the Unison trade union for her proposed legislation, as well as 51 MSPs.

Jojo Mehta, co-founder of Ecocide International, spoke alongside Ms Lennon at an event discussing the proposed law at the STUC congress in Dundee.

Ms Mehta stressed “you need a level of evidential clarity that is quite specific”.

She said: “You need to be able to say that this action created or threatened to create this specific harm. It’s not that it would be impossible to have a public body being held accountable, but it would have to be at quite a large scale.

READ MORE: Too much environmental damage happening in Scotland, says Labour MSP

“One could potentially look at a situation in the future where a policy decision to do something specific that we know the severe harm would come from - that could potentially constitute ecocide.”

Ms Mehta warned an ecocide law would be reserved “for the most severe cases”.

She said ecocide is defined in law as “unlawful or wanton acts committed with knowledge that there’s a substantial likelihood or severe long-term damage to the environment being caused by those acts”.

“You are not inventing a new crime,” she said. “You are saying these things are already against the law. If you breach those and you create this level of harm, suddenly you’re in the very serious crime category.”

Ms Lennon confirmed her Bill, as tabled, would include the ability for public sector bodies to be liable for ecocide.

She said: “On the point about whether this also catch public sector decision makers - potentially, yes. The Bill will have definitions.”

READ MORE: The shocking 3,500 hidden sewage dumps at Scotland's rivers, lochs and beaches revealed

The MSP pointed to the UK Companies Act 2006, which highlights “any other body or association”. She added: “There’s some serious pollution going on.”

Ms Lennon said: “There is huge public support for the criminalisation of ecocide and I am pleased that Scotland is at the forefront of this.

“Publishing the Ecocide Bill before June is my priority and I will continue to work with MSPs and the Scottish Government to ensure we get the legislation right.”