Democracy Spraffa

Ecocide (Scotland) Bill - January 26 RevA - FINAL

Renfrewshire Council · 20 January 2026
Back to Planning and Climate Change Policy Board — 20 January 2026 and its agenda

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PUBLIC
___________________________________________________________________
To:  Planning and Climate Change Policy Board
On:  20 January 2026
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Report by: Chief Executive
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Heading: Ecocide (Scotland) Bill
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1. Summary
1.1 The Scottish Parliament’s Net Zero, Energy and Transport Committee are
currently considering a Members Bill – the Ecocide (Scotland) Bill.
1.2 The Bill seeks to prevent mass environmental damage and destruction taking
place in Scotland due to crimes of ecocide by putting in place strong
punishments associated with this crime.
1.3 The three main objectives of the Bill are:
▪ To ensure that serious environmental offences are treated as criminal
offences rather than regulatory breaches.
▪ To act as a deterrent to individuals and companies from committing serious
environmental offences, by establishing a specific, stand-alone offence with
significant penalties.
▪ To ensure that domestic legislation maintains alignment with the EU,
specifically referencing the EU Environmental Crime Directive.
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2. Recommendations
2.1 It is recommended that the Board:
▪ Note that correspondence was received inviting us to make comment on
the Ecocide (Scotland) Bill.

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PUBLIC
▪ Note that officers reviewed the proposed Bill in its current state and
prepared a response for submission to the Net Zero, Energy and Transport
Committee.
▪ Note the response [attached to this report], which was issued to the Net
Zero, Energy and Transport Committee.
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3. Background
3.1 The Ecocide (Scotland) Bill is a Member’s Bill which was introduced by Monica
Lennon MSP.  The Bill is currently being scrutinised by the Net Zero, Energy
and Transport Committee.
3.2 The Bill seeks to prevent mass environmental damage and destruction taking
place in Scotland due to the crimes of ecocide by putting in place strong
punishments associated with this crime.
3.3 The Bill defines ecocide as causing severe environmental harm in such a way
that is either reckless or intentional.  Severe is defined as environmental harm
that has serious adverse effects and is either ‘widespread’ or ‘long term’.
3.4 The three main objectives of the Bill are as follows:
▪ To ensure that serious environmental offences are treated as criminal
offences rather than regulatory breaches.
▪ To act as a deterrent to individuals and companies from committing serious
environmental offences, by establishing a specific, stand along offence with
significant penalties.
▪ To ensure that domestic legislation maintains alignment with the EU,
specifically referencing the EU Environmental Crime Directive.
3.5 The Bill proposes a maximum penalty of a custodial sentence of up to twenty
years and an unlimited fine for individuals (and an unlimited fine in the case of
an organisation).
3.6 The Bill also proposes that individuals and organisation may be liable for an
offence of ecocide and sets out circumstances where responsible individuals of
organisations may also be liable.
3.7 It should be noted that the Bill does not provide a defence or exemption where
harm is caused by activities that have been consented by a public authority
such as planning permission.  There is also no exemption provided for a
planning authority (or other regulatory body) who granted consent.  
3.8 In light of the above it should be noted that the Bill, as currently written, places
criminal liability on those consenting developments including officers who may
be utilising delegated authority or Elected Members determining planning
applications at a Council Board.

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PUBLIC
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4. Next Steps
4.1 Officers have reviewed the Bill in its current format and submitted a response
to the Net Zero, Energy and Transport Committee in advance of the deadline
of 28 November 2025.  A copy of the response is detailed in Appendix 1 to this
report.
4.2 Members will be aware a Briefing Note and draft response was circulated prior
to the submission of the response being issued.
4.3 Unfortunately, given the deadline and the timetable for the Planning and
Climate Change Policy Board (January 2026), it was not possible to present the
response for formal approval prior to submission.
4.4 In light of the above, the response submitted was undertaken following liaison
with the Convenor and indeed a copy of the response being shared with all
Board members.
__________________________________________________________________
Implications of the Report
1. Financial – None.
2. HR & Organisational Development – None
3. Community/Council Planning – None.
4. Legal – Should the Bill proceed it is likely there may be legal implications
relating to aspects of any such Bill.
5. Property/Assets – None.
6. Information Technology – None.
7. Equality & Human Rights - The Recommendations contained within
this report have been assessed in relation to their impact on equalities
and human rights. No negative impacts on equality groups or potential
for infringement of individuals’ human rights have been identified arising
from the recommendations contained in the report
8. Health & Safety – None.
9. Procurement – None.
10. Risk – None.
11. Privacy Impact – None.
12. Cosla Policy Position – None.

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PUBLIC
13. Climate Risk – None.
Author:      David Love, Chief Planning Officer.
Tel: 07483410182; Email: david.love@renfrewshire.gov.uk

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Chief Executive: Alan Russell CPFA
Renfrewshire House, Cotton Street, Paisley, PA1 1WB
www.renfrewshire.gov.uk
OFFICIAL
Edward Mountain MSP
Convenor
Net Zero, Energy and Transport Committee
The Scottish Parliament
Edinburgh
EH99 1SP
Sent via email to netzero.committee@parliament.scot
Dear Sir,
Ecocide (Scotland) Bill
Further to your letter dated 11 November 2025 which was sent to all Scottish Local Authorities I write
to provide comments from a Renfrewshire perspective.  In this regard I will provide comments in
respect of the topics highlighted in your letter.
Consented or licensed activities
It is submitted that any Bill should provide relevant exemptions in circumstances where planning
permission or other relevant permissions or licences have been granted. In addition, any Bill must
provide relevant exemptions to criminal liability to those involved in the granting of planning
permission or other relevant permissions or licences.  Any future Bill must be explicit in detailing the
circumstances in which individuals or organisations, including local authorities and their Elected
Members and staff, may be exposed to criminal liability.  
Decision-making and liability
The possibility of criminal prosecution could influence the approach of the planning authority and put
the ‘plan led system’ at risk.  The possibility of a criminal prosecution even where the charge relates
to a site identified for development within the Local Development Plan (LDP) is likely to change the
approach and indeed significantly change how planning decisions are reached given the potential
financial risks which the local authority may face should it be found guilty of environmental ecocide
and indeed the risks to individuals who may be involved in the consenting process.
The Bill is likely to have a number of impacts on the determination of planning applications and thus
impact the wider planning system:
▪ Officers may be more inclined to decline to use delegated authority where there is a fear of a
future criminal charge.  This is likely to slow the determination of planning applications and result
in more applications being considered by board/committee.
▪ Elected Members on the board/committee may be more inclined to refuse applications where
there is a fear of a future criminal charge.  This is likely to slow the determination of planning
applications and result in more applications being considered by the DPEA.
▪ Elected Members may not be willing to serve on the planning board/committee for fear of being
involved any a decision which may later be the subject to criminal charge.
My Ref: 281125-Ecocide
Contact: David Love
Telephone: 07483410182
e-mail: david.love@renfrewshire.gov.uk
Date: 28 November 2025
APPENDIX 1: Response to Ecocide (Scotland) Bill

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Chief Executive: Alan Russell CPFA
Renfrewshire House, Cotton Street, Paisley, PA1 1WB
www.renfrewshire.gov.uk   
OFFICIAL
In the event that an application is determined by the DPEA or Scottish Ministers will the relevant
Minister or indeed the First Minister be subject to criminal charge and the subsequent sentence
should they be found guilty? 
It is submitted that there is significant concern in respect of the Bill and how it would impact the
consideration and determination of planning applications and indeed those involved in such
processes.  Furthermore, we would also note concern in relation to what impact the Bill would have
on the wider planning system, the lack of certainty which would be created and indeed the impact on
the delivery of future development which may be required to deliver key infrastructure or indeed help
respond to the ongoing housing emergency.   
Threshold of harm
The thresholds outlined in the Bill are not considered to be sufficiently clear and workable in the
context of planning assessments.  The Bill fails to consider the context in which the ‘severe
environmental harm’ has taken place.  For instance, it could be argued that severe environmental
harm could occur as a result of the clearance of a greenfield site to enable future development to
take place, while it could also be argued that the removal of a single tree from a homeowners garden
could result in ‘severe environmental harm’.  It is submitted any defined thresholds require to consider
the context in which the ‘harm’ is taking place. 
In addition, we would raise concern with how ‘severe environmental harm’ is considered in respect
of a development which has been the subject of an Environmental Impact Assessment (EIA).  How
would ‘severe environmental harm’ be considered by an EIA and could mitigation be implemented to
overcome such identified harm?  Furthermore, would amendments be required to National Planning
Framework 4 (NPF4) in order to ensure that ‘severe environmental harm’ forms part of planning
considerations? 
It is submitted that any Bill would require to include clearly defined thresholds and provide greater
clarity how these would be applied in the consideration of planning applications against the
development plan and also where a development is supported by an EIA report. 
Cumulative impacts and course of conduct
It is not clear from a planning perspective how the Bill might apply to incremental harm.  Further detail
and clarification would be required especially if the site in question is subject to multiple planning
applications over a period of time.  In addition, thought should be given to how a large development
site which is developed in a phased manner would be considered against the terms of the Bill.  An
example would be a large development site which benefits from a masterplan approved as part of
planning permission in principle and is thereafter subject to multiple applications for the approval of
matters specified in condition (AMSC).  Would such a phased approach and multiple AMSC
applications be considered to cause cumulative harm?  It should also be noted that in such
circumstances the development in question may have been subject to an Environmental Impact
Assessment as part of the application for planning permission in principle.   
Enforcement and investigation
In the event that the Bill will provide enforcement powers to local authorities to investigate ecocide,
we would note concern with such arrangements.  Local authorities are likely to have been involved
in the consenting process relating to planning or other relevant permissions and in this regard any
investigation would create a conflict given that those providing consent could also be criminal liable
for any ecocide event.  It is our opinion that should the Bill proceed in its current form local authorities
would be unable to act as an enforcing authority.

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Chief Executive: Alan Russell CPFA
Renfrewshire House, Cotton Street, Paisley, PA1 1WB
www.renfrewshire.gov.uk
OFFICIAL
Notwithstanding the above we would also raise concern with the inclusion of local authorities as an
enforcing authority without any detail as to how an extension of such powers would be funded.  Local
authorities are already operating under significant financial pressures and in this regard should further
powers be extended to local authorities financial assurances would be required to demonstrate how
additional expectations in respect of enforcement matters would be funded in the short, medium and
long term. 
I trust the above comments are useful in the consideration of the Bill in question however we would
welcome the opportunity to provide further comments as the bill progresses. 
Yours faithfully,
David Love
Chief Planning Officer
Renfrewshire Council