Will Scotland become the first UK nation to criminalise ecocide? – Inside track

This post is by Jodie Bettis, a Grand Union Scholar at the Open University.

Ecocide broadly refers to severe damage to or loss of ecosystems, and in response to the ecological emergency, campaigners worldwide are seeking to criminalise the most environmentally destructive acts.

More and more countries recognise ecocide in law
According to the Eco Jurisprudence Monitor, there are 51 locations around the world that either criminalise, or are seeking to criminalise, ecocide in domestic or international law. Twelve of these have national ecocide laws, five prohibit actions tantamount to ecocide, whilst a further nine have proposed similar bills to their parliaments.

In Europe, the transposition of the EU Environmental Crime Directive (ECD) will require 24 member states to criminalise irreversible or long lasting destruction of ecosystems of significant size or value by May 2026. France and Belgium already recognise ecocide as a crime but we have yet to see any cases brought forward.

Ecocide is not a criminal offence anywhere in the UK. Through amendments to the Environment Bill, green peers made several attempts to add the UK to the growing list of ecocide countries but were unsuccessful. Two years on from the Environment Act, in 2023, a private member’s bill (PMB) was introduced that sought to make ecocide a crime in two of the four nations of the UK.

A bill for England and Wales stalled in 2024
In November 2023, a rare legislative opportunity arose when Baroness Rosie Boycott secured time in the House of Lords to introduce a bill on ecocide. With just a couple of weeks between the PMB ballot announcement and first reading, a small team of academics, from The Open University, Queen Mary University of London, and the School of Advanced Studies at the University of London, were brought in to assist the policy experts at Peers for the Planet in drafting the UK’s first ecocide bill.

Drawing on the legacy of Scottish barrister, Polly Higgins, and the proposed international legal definition, the team sought to define ecocide in a way that could be embedded within the UK’s criminal law framework, despite the absence of precedent and limited drafting time. This required navigating complex legal terrain, balancing ecological integrity with statutory precision.

Challenges included defining thresholds of harm, establishing forms of liability, and determining how ecosystems could be recognised as victims in UK law. Comparative insights from European examples informed the process, but the UK’s common law tradition and cautious approach to criminalisation necessitated careful adaptation. The Ecocide Bill [HL] aimed to criminalise severe environmental harm and catalyse a broader policy conversation about corporate accountability and environmental governance.

But, due to the dissolution of parliament in 2024, Rosie Boycott’s bill fell just a week before its second reading. Although brief, the process revealed both potential and institutional constraints in environmental lawmaking. For instance, concerns were raised about the need for greater regulatory capacity and a more inclusive legislative process. Although ultimately unsuccessful, the stalled bill offers a scaffold for future legislation and marks a foundational step in the UK’s engagement with ecocide as a legal concept.

Legislation is proposed in Scotland
In May this year, Labour MSP Monica Lennon introduced an Ecocide (Scotland) Bill to the Scottish Parliament. This followed a three month consultation that received positive support from 95 per cent of over 3,000 respondents.

The proposed legislation seeks to protect Scotland’s population, wildlife and ecosystems from reckless or intentional severe environmental harm. It defines ‘severe’ as serious adverse effects that are widespread or long term. ‘Long term’ environmental harm is defined as irreversible or unlikely to be reversed through a process of natural recovery within 12 months of occurring.

The bill would allow for the criminal conviction of individuals or organisations, with potential penalties including up to 20 years in prison. Employers could be convicted if their employees commit ecocide – known as vicarious liability – and Scottish courts could consider the financial benefits accrued from the offence when imposing fines. In addition, compensation for environmental damage and recovery of mitigation costs could be claimed, although it is not clear how or by whom these funds would be administered.

Monica Lennon MSP states that she aims to ensure that severe environmental damage is treated as a serious criminal offence, addressing what she sees are inadequate penalties currently. She describes ecocide as “a crime against the common good” and suggests that its criminalisation would empower Scottish courts to take tougher action and help prevent future incidents. If passed, the act would require ministers to report to parliament on its implementation after five years.

Scotland’s process must conclude in early 2026
The Ecocide (Scotland) Bill has been assigned to the Net Zero, Energy and Transport (NZET) Committee, which is expected to open its 12 week call for evidence before the summer recess. Once it has considered submissions from stakeholders, it will publish its report on the general principles of the bill, likely to come in the autumn. The timing of subsequent stages depends on the parliamentary timetable, but the process must be concluded before elections in May 2026 if it is to receive Royal Assent.

Altogether, the introduction of the Ecocide (Scotland) Bill represents a broader shift in legal thinking, one that increasingly recognises the need to address severe environmental harm under the criminal justice system.

Read the Ecocide (Scotland) Bill and follow its passage through the Scottish Parliament here. Jodie Bettis was a member of the Ecocide Bill [HL] drafting team and sits on Monica Lennon MSP’s Expert Advisory Group on the Ecocide (Scotland) Bill.