Recommendation 4

The Committee notes that two broad legislative routes could credibly respond to the concerns identified in evidence:
Amending section 40 of the 2014 Act to incorporate an additional tier where “severe” harm is caused intentionally or recklessly, with higher maximum penalties for ecocide-level cases. This could be expressly labelled ‘ecocide’. This would require primary legislative intervention (unless, possibly, the Scottish Government's EU "keeping pace" power were used)
Proceeding with a standalone ecocide offence as in the Bill, subject to whatever amendment is considered necessary to tighten up the provisions in the light of evidence received.