Academics have warned that plans to make ecocide an offence in Scotland must avoid “the unintended consequence of punishing employees” instead of those responsible for wrecking the environment.
Labour MSP Monica Lennon has held a public consultation on her proposed ecocide legislation that if passed by Holyrood, would threaten those committing ecocide, including companies, with time in prison or hefty penalties.
Under the proposed members’ bill, big polluters could see 10% of their turnover seized while climate criminals could face up to 20 years in prison.
Ms Lennon’s consultation, which closed last week, received thousands of responses from organisations and individual people.
A response on behalf of a coalition of organisations, led by academic experts, has backed the proposals but called for specific powers to employees and communities to be embedded in the legislation.
Read more: Ecocide law: Polluters could see turnover seized and 20 years in jail
The submission, from the Centre for Climate Crime and Climate Justice, We Own It, the Scottish Hazards Campaign, the UK Hazards Campaign, the Institute of Employment Rights and Violation Tracker – has backed the principles of the proposed law.
But the evidence, led by Professor David Whyte from Queen Mary University along with Dr Robert Knox and Eleanor Godwin from the University of Liverpool, Professor Andrew Watterson from Stirling University, Jodie Bettis from the Open University and Dr Ignasi Bernat from the University of Barcelona – has cautioned that the plans “must create a credible threat to offenders”.
The document also calls for measures to “rebuild our capacity to take action against those that pollute Scotland” and “take the lead in international initiatives”.
It adds: “This opportunity should not be wasted on reforms that present no threat to the vested interests that stand in the way of this necessary transition.
“The Scottish Parliament and Government can provide leadership on climate action by introducing measures that give meaningful powers to prosecutors and mobilises the social power of workers and communities.”
Read more: SNP Government could back ecocide plans to 'keep pace' with EU rules
The organisations have appealed that the legislation “not be restrictively narrow” and should “be designed to capture the full range of pollution offences that threaten our environment and ecosystem”.
They have also called for Ms Lennon’s proposed law to “capture offending by both corporations and individuals” and “not allow senior executives to pass criminal responsibility down the corporate chain of command to employees who have less control and authority over decision-making”.
The evidence warns that “any new offence of ecocide should incorporate a series of mechanisms that enable workers and communities to take an active role in preventing and responding to ecocidal behaviour”.
It points to “a new power of reporting” for union officials to allow “workers and their representatives to report ecocide and to request an investigation by the enforcing authorities” as well as similar power for communities.
Read more: Yousaf urged to harness 'global leadership' for ecocide success
The organisations have suggested that the new law “could explicitly include the possibility for private prosecutions for ecocide offences”.
They add that the legislation “should make provision for a ‘necessity defence’ for those protesting against ecocide acts committed by individuals or corporations”.
The document adds: “A new Scottish ecocide law should make it a criminal offence to sanction or dismiss employees who raise issues relating to a crime of ecocide.
“Details of investigations, prosecutions and their outcomes should be held on a public register administered by Sepa.
“As part of the sentence, the courts should require that all convictions must be published in company annual reports and accounts.
“Tougher penalties introduced by a new law of ecocide must avoid the unintended consequence of punishing employees rather than those who author or have sufficient authority to prevent the offence.
Read more: How Scotland's ecocide plans could help protect endangered orangutans
“Thus, any new Scottish ecocide offence should be linked to a system of ‘equity fines’ to ensure that workers and communities are not doubly punished for ecocide.”
Ms Lennon said: “It’s brilliant that a diverse range of people and organisations are positive about the potential of ecocide law to make society greener, healthier and fairer.
“I welcome the expert views of Professor David Whyte and organisations with a strong track record of standing up for workers and public safety.
“Environmental justice and social justice are equally important and ecocide law can contribute to building a just transition for workers and communities.
“The public consultation on my proposed Ecocide (Prevention) (Scotland) Bill closed last week and the thousands of views expressed are gratefully received. The consultation analysis is underway and I look forward to sharing updates.”
She added: “Workers and communities are already paying a heavy price for the triple planetary threats of climate crisis, nature loss and pollution. Urgent action is needed.
“Ecocide law alone is not the solution, but it will demand system change and help hold major polluters to account. Protecting and empowering workers and whistleblowers is consistent with these aims.”
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