Exclusive:Plans for new 'ecocide' law covering environmental damage in Scotland take step forward

Labour MSP Monica Lennon said she is working on the proposals over the summer

Plans for a new “ecocide” law that would punish those responsible for mass environmental damage in Scotland are taking a step forward.

Labour MSP Monica Lennon said she is working on the proposals over the summer, with a formal consultation planned for later this year.

The move would cover the most serious, long-lasting acts of damage against the natural environment, such as oil spills or chemical leaks.

Ms Lennon said: “I’m pleased to be working with campaigners to create a crime of ecocide which is a law that will make it a criminal offence to wilfully harm nature. Scotland wouldn’t be the first country to make ecocide a crime but if we act quickly, we will be one of the early adopters.

“Acting fast is important because when it comes to tackling the climate and nature crises, we don’t have time to waste. Ecocide crime can result in widespread, long-term or irreversible damage, and the priority must be its prevention.”

The new law would target individuals rather than corporations and would seek to act as a deterrent. Ms Lennon said existing laws are not as strong as they need to be.

The concept of ecocide was previously championed by the Scottish barrister Polly Higgins, who led a campaign for it to be recognised as an international crime before her death in 2019. This would place it alongside genocide, crimes against humanity, war crimes and crimes of aggression.

In 2021, legal experts from around the world drew up a draft law defining ecocide as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and widespread or long-term damage to the environment being caused by those acts”. They wanted this to be adopted by the International Criminal Court.

Ms Lennon, the MSP for the Central Scotland region, said: “The Stop Ecocide movement was the brainchild of a Scottish barrister and environmentalist, Polly Higgins, who sadly died a few years ago. Inspired by Polly and those who continue the campaign, it feels fitting to be honouring her work alongside a new generation of activists.

“It’s been inspiring to see the campaign for ecocide law gain momentum globally, but we need to be more than onlookers. Scotland will enhance its reputation as a climate and nature leader if we put this effective deterrent into legislation.”

A Scottish Government spokesman said its commitment to addressing the twin challenges of biodiversity loss and climate change is “unwavering”.

He said: “We recognise the central importance of biodiversity and the challenges that tackling its loss presents. We note the recent calls for the International Criminal Court to recognise the destruction of nature, “ecocide”, as an international crime and are following the development of this.

“Our high environmental standards are supported by a wide range of laws, with enforcement led by regulatory bodies including SEPA and NatureScot. Environmental Standards Scotland ensures that environmental laws are fully implemented, including international obligations related to environmental protection. We will consider all legislative proposals brought forward by members of the Scottish Parliament carefully."