Polluters face up to 20 years in prison under proposed ecocide law

An eyesore and a health risk: Rubbish illegally dumped into the River Ericht at Blairgowrie, in Perthshire.

Major polluters could be jailed for up to 20 years under an ecocide bill proposed by MSP Monica Lennon.

The Ecocide Prevention (Scotland) Bill aims to deter events such as oil and other chemical spills into our seas and rivers, illegal deforestation and illegal fishing.

The legislation would set a minimum jail sentence of 10 years for the crime of ecocide, and a maximum of 20 years.

Lennon said: “Right now for these really serious crimes there is no deterrent.

“So what we’ve consulted on is criminal sanctions of up to 20 years in prison. And a huge increase in fines for corporations that are found guilty of ecocide. So it really starts to hit their profits.

“Because, under current legislation, there are fines that companies are hit with, but it just doesn’t really affect their profits that much and they don’t really change their practices.

“It’s about prevention so we think the deterrent effect would really help.”

Lennon is eager to gather as much support for her Bill from fellow MSPs as possible before the deadline passes.

She said: “It’s brilliant to see so many MSPs from different political parties uniting to stop ecocide. There are only a few days left for MSPs to back my bid to introduce the Ecocide Prevention (Scotland) Bill.

“I welcome the constructive approach taken by the Scottish Government, particularly Acting Cabinet Secretary Gillian Martin, who recognises that many other countries are criminalising ecocide in order to safeguard nature.

“Scotland could be the first country in the UK to pass ecocide legislation, but only if MSPs support it.”

More than 2,000 complaints about sewage in Scotland’s rivers, lochs and beaches were made to the Scottish Environment Protection Agency (Sepa) between 2019 and 2023.

In September an investigation was launched following reports of dead fish, blood and scales polluting a river in Fort William.

And the number of recorded sewage spills in Scotland’s rivers and seas has increased by 40% in the five years to 2021, figures show.

At least 12 countries now have ecocide laws, including Ecuador, France, Georgia, Ukraine and Vietnam. And a number of other countries – such as Belgium, Brazil, Italy, Mexico, the Netherlands and Spain – have plans for similar laws.

Stop Ecocide International is working towards making ecocide an international crime, probably by amending the founding documents of the International Criminal Court to allow it to cover the crime.

The campaign has been backed by Greta Thunberg, Pope Francis and Sir Paul McCartney.

A report commissioned by the Environmental Rights Centre for Scotland (ERCS) looked at how Scotland can learn from approaches across the world to create a meaningful and enforceable ecocide law.

Dr Shivali Fifield, chief officer at ERCS said: “Incorporating ecocide into Scots law must be seen in the context of improving the overall environmental governance regime, including establishing a dedicated Scottish Environment Court. Only then will we be able to forcefully hold polluters to account and send a clear message that no infringement of environmental law will be tolerated in Scotland.”

Convictions for environmental law are few and far between with only five people convicted under section 33 of the Environmental Protection Act 1990 (where it was the main crime) in Scottish courts in 2021-22.

There were also no convictions of directors, managers or partners of corporate bodies under regulation 67 of the Pollution Prevention and Control (Scotland) Regulations 2012 (where main crime) in 2021-22.

The proposed Bill is supported by Stop Ecocide International, Alex Cole-Hamilton from the Lib Dems and Greens co-leaders Patrick Harvie and Lorna Slater.