Overview

This bill introduces "ecocide" as a new criminal offence in England and Wales. It aims to hold individuals and organizations accountable for severe and widespread environmental damage, establishing clear definitions and penalties, and providing protection for whistleblowers.

Description

Defining Ecocide

The bill defines ecocide as unlawful or wanton acts or omissions causing substantial likelihood of severe and widespread or long-term environmental damage. For individuals in positions of superior responsibility, knowledge (or the possibility of knowing) of the damage is required. For organizations, it's strict liability, regardless of knowledge.

Sentencing and Enforcement

The Secretary of State will set penalties and defences within 12 months through regulations following public consultation. The Environment Agency will investigate potential offences and refer cases to the Crown Prosecution Service. Sufficient resources must be provided to the Environment Agency for investigations.

Responsibility and Protection

Individuals in superior positions are responsible for actions under their authority if they fail to prevent ecocide. The bill includes provisions for protecting those who report ecocide or cooperate in investigations, with regulations to be implemented within six months.

Scope and Application

The act extends to England and Wales only. The definition of "organisation" includes public bodies. The Proceeds of Crime Act 2002 will apply to convictions.

Government Spending

The bill mandates the allocation of sufficient resources to the Environment Agency for investigations. The exact cost is not specified, but it will involve increased government spending for enforcement and potential legal costs.

Groups Affected

• Individuals and organizations: Risk prosecution for ecocide, particularly those in positions of power or responsibility within companies and government.
• Environment Agency: Increased workload and responsibility for investigating and prosecuting ecocide cases.
• Crown Prosecution Service: Will be responsible for prosecuting ecocide cases.
• Whistleblowers: Will receive greater legal protection when reporting ecocide.
• Businesses operating in England and Wales: Potentially impacted by the introduction of the crime and associated penalties.

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