The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1969 contributions
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
Thanks. I will hand back to the convener.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
Murdo, can I come to you?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
I guess that it is about checking whether the instructions flowing from the main contractor down to subcontractors were clear.
I turn to my next question. The threshold for liability for senior responsible officials of an organisation is one of consent or connivance. The committee has heard views that consent, connivance or neglect would be preferable. Do you have views on that? Maybe we can go to Clare Moran first.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
Yes, I would imagine that that would be a bit of a legal minefield—almost a lawyers’ holy grail.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
Sorry, Clare, are you saying that adding negligence would not add anything at all?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
I will stay with vicarious liability to start with. I am trying to understand this. If a company subcontracts work to another company, how far would liability flow up to the original company? Do you have any thoughts on that, Murdo?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
Iain, you discussed whether you would go down the ecocide route or the section 40 route for prosecution. If you went down the ecocide route and that was not successful, would you then be able to go down the section 40 route?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
Okay. Iain, do you share that view? Would it make your job easier if that was there?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
Thank you. Dr Randhawa, do you have anything to add on the deterrent effect?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 11 November 2025
Douglas Lumsden
However, even if the law had been in place for a long time, we would not have had an issue in the past 12 years. I cannot think of an incident of ecocide that the legislation would have caught. Do we need to change behaviour if there has not been a problem up to now?