Polluters could face jail under MSP's ecocide plan

Major polluters could be jailed for up to 20 years under an "ecocide" bill proposed in the Scottish Parliament.

Labour MSP Monica Lennon's member's bill would make Scotland the first part of the UK to enforce tough penalties for ecocide - the mass destruction of the environment.

She has launched a consultation which ends in February.

The government said Circular Economy Minister Lorna Slater would meet Ms Lennon to discuss the proposals.

It came as it was confirmed First Minister Humza Yousaf will attend the COP28 climate summit in Dubai later this month.

The ecocide legislation would make Scotland the first part of the UK to incorporate a crime of ecocide - defined as "unlawful or wanton acts" which cause widespread environmental damage.

It is intended to deter and punish events such as oil spills caused by corporate negligence, while deforestation or illegal fishing could also be within its scope. The legislation would set a minimum jail sentence of 10 years for the crime of ecocide, with a maximum of 20 years.

Ms Lennon said action was needed as "Scotland is one of the most nature-depleted countries in the world".

"The maximum of 20 years maybe does sound a bit harsh, but we're talking here about the most severe impact that could have irreversible damage, it could be destroying a whole ecosystem," the Labour MSP told reporters at a launch event in Edinburgh.

She said the law would complement existing environmental legislation and provide an overarching deterrent for those who may wish to skirt the current regulations.

Ms Lennon added: "If people are worried that they might be an ecocide criminal, get yourself a good lawyer."

After the consultation phase ends, the members' bill would have to gain the support of at least 18 MSPs before it could progress further.

Around the world, 13 countries legally recognise some form of ecocide and there is a growing movement for it to be codified in international law.

The proposed bill is supported by Stop Ecocide International - a campaign backed by Greta Thunberg, Pope Francis and Sir Paul McCartney.

Meanwhile, it was announced that the first minister, Net Zero Secretary Mairi McAllan and a delegation of Scottish companies will head to Dubai for the COP28 climate conference, which begins on 30 November.

The Scottish government was criticised this week for delaying the publication of its climate change plan to cut greenhouse gas emissions to net zero by 2045, five years ahead of the date set for the UK as a whole. Ministers blamed scaled-back UK government targets for the postponement.

Mr Yousaf said: "COP28 provides an opportunity to underline Scotland's commitment to being a good global citizen, and making a constructive contribution to addressing global challenges such as the biodiversity and the climate crisis.

"The Scottish government will use COP28 to call on all to urgently step up to address the injustice at the heart of climate change by supporting those communities who are suffering the most but have done the least to cause climate impacts, including through our leadership on loss and damage."

He added that the Scottish companies in attendance would aim to attract investment and "enhance Scotland's global reputation, particularly on renewable energy".

Scottish Conservative net zero spokesman Douglas Lumsden said Mr Yousaf "would be better off getting his own house in order before he swans off to grandstand at COP28, given the SNP government's poor record on the environment".

He added: "The SNP has always enjoyed talking up this issue - and blaming the UK government - at this sort of event, but there's precious little delivery on the rhetoric."

COP28 is the 28th annual United Nations climate meeting at which governments discuss how to limit and prepare for future climate change. COP26 was held in Glasgow in 2021.

Controversially, this year's event is being held in the UAE - one of the world's top 10 oil-producing nations.

Following a meeting with Mr Yousaf to discuss Scotland's climate progress and the priorities for COP28, Oxfam Scotland chief Jamie Livingstone urged the first minister to use next month's Scottish Budget to "start fairly raising the additional funds needed for transformative climate action".

He also called on the government to incentivise the country's biggest and wealthiest polluters to "change their damaging behaviours".

COP28 comes during what is almost certain to be the hottest year on record, after four months of global temperature records being "obliterated", climate scientists have said.

October was the hottest ever recorded, following the hottest September, August and July, the latter of which may have seen temperatures higher than at any point in the last 120,000 years.

The month was 1.7C warmer than the pre-industrial average between 1850 and 1900 - the baseline against which scientists measure how much humans have warmed the Earth by emitting greenhouse gases.

So far this year, the average temperature is 1.43C higher than this pre-industrial average, making it the hottest year on record.

The Met Office said it would take a record-breaking cold November and December for 2023 to avoid becoming the hottest year, surpassing the record set in 2016.

The UK had slightly higher than usual average temperatures in October, with southern England seeing between 1.5C and 2C above the 1991-2020 October average.

Eastern Scotland had its wettest month on record following Storm Babet, with many other parts of the UK experiencing similar conditions.

Scientists have said the UK will become warmer and wetter because of climate change, as the atmosphere holds 7% more water with every degree of warming.