Groundbreaking ecocide laws which will see reckless company bosses jailed for environmental destruction have been backed by the Scottish Government, the Sunday Mail can reveal.
Ministers have thrown their weight behind plans to introduce severe penalties for causing widespread and irreversible damage to ecosystems and air, soil or water quality.
It means Scotland now looks likely to become one of the first countries in the world to officially recognising ecocide as a crime as part of an international movement to crack down on major polluters.
The proposals were first championed by the Sunday Mail three years ago as Glasgow was preparing to host COP26, and a new Bill from Labour MSP Monica Lennon is currently the subject of a major consultation.
Thousands of overwhelmingly supportive submissions have been received from members of the public and institutions in the space of just four months and Greens biodiversity minister Lorna Slater has now written indicating her government’s support.
Lennon said: “This is a promising development and I welcome the Scottish Government’s support.
“Ecocide law is emerging around the world in a bid to prevent and punish the most serious crimes against nature.
“My proposed Bill to stop ecocide in Scotland is gaining widespread support, and this encouraging update from the Scottish Government is a boost to the campaign.
“People expect politicians to unite to safeguard our environment from the most dangerous eco criminals.
“Scotland can be at the forefront of ecocide law, not only keeping pace with the EU but contributing on the world stage.
“The next UK Labour government will work with international partners and allies to bring ecocide crimes to the International Court.
“With ecocide law proposals currently in the Scottish Parliament and the House of Lords, there is huge potential for collaboration and co-operation between UK nations.”
The campaign for ecoocide to be recognised internationally as a crime was first championed by Scottish barrister and world renowned environmentalist, Polly Higgins, who tragically died of lung cancer in 2019.
Lennon added: “This progress could not have been achieved without the vision and tenacity of Polly, who spent the final years of her life laying the foundations for ecocide law.
“Thousands of people have responded to my consultation and I look forward to publishing the report soon.”
Lennon’s bill has gained cross party support and Green minister Lorna Slater has now written praising her campaign.
Under the proposed laws the heads of companies which recklessly pollute waterways, commit large scale chemical leaks or take part in illegal deforestation could potentially be jailed for up to 20 years.
In her letter to Lennon Slater wrote: “I would like to thank you for the role you have played in raising the profile of the importance of preventing serious damage to the environment.
“You have prompted valuable discussion in Scotland of the developments in thinking about the treatment of ecocide in international and national law.
“I know that you have received cross-party interest and there has been considerable engagement from stakeholders including the Environmental Rights Centre for Scotland.
“As you know, the Scottish Government has a policy to align where appropriate with developments in EU law.
“The approach that the EU will take is now much clearer, with agreement on the revised environmental crime directive.
“Offences are defined as qualified offences if they cause destruction of, or widespread and substantial damage, which is either irreversible or long-lasting, to an ecosystem of considerable size or environmental value, or to a habitat within a protected site, or to the quality of air, the quality of soil, or the quality of water.”
In November the EU become the first international body to criminalise wide-scale environmental damage “comparable to ecocide” and it has issued a directive it wants member states to enact in law over the next two years.
Marie Toussaint, a French lawyer and MEP heading the EU scheme said the decision “marks the end of impunity for environmental criminals”.
Jojo Mehta, Co-founder and CEO of Stop Ecocide International, said: “The global conversation around the necessity of new domestic and, critically, international ecocide legislation is rapidly gaining momentum currently.
“Scotland finds itself at the forefront of this movement, emerging as a pioneering voice on the issue, a fact that is being recognised worldwide.
“Right now, we lack national and international legal mechanisms to shield us from the most severe harms to nature.
“It is highly encouraging to see the Scottish Government interested in taking meaningful steps to address this legal gap by supporting Monica Lennon’s Ecocide Prevention Bill, aimed at protecting the people and environment of Scotland.
“Not only that the Scottish Government is looking beyond its borders to the International Criminal Court and advocating for the amendment of the Rome Statute to establish a new standalone crime of Ecocide, alongside genocide, where it belongs.”
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In June, a team of international lawyers drew up a historic definition of ecocide, which they now want to be adopted by the International Criminal Court (ICC) to prosecute the worst environmental crimes.
They called it “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”.
Legislation in Scotland is not expected to outlaw the development of new oil and gas fields in the North sea and it remains unclear to what extent activities causing global warming could be covered.
Last week the government’s independent advisers on climate change warned Scotland’s flagship 2030 target for reducing greenhouse gas emissions is now out of reach.
The Climate Change Committee (CCC) said the measures that would be needed to achieve the target by the end of the decade were “beyond what is credible”.
It accused ministers on “failing” on ambitious goals and urged them to focus instead on hitting the target “at the earliest possible date”.
The Scottish government said the target was always challenging and that it was decarbonising faster than the UK average.
Scotland has missed eight of the past 12 annual targets for cutting planet-warming greenhouse gas emissions.
The latest figures for 2021 show emissions were 49.2per cent lower than the baseline year of 1990. The target for 2030 is a 75per cent reduction.
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