Ecocide Bill [HL]

1 Offence of ecocide

It is an offence of “ecocide” for a person, company, organisation, partnership
or any other legal entity registered in the United Kingdom, to be in breach
of section 2 of this Act.

2 Ecocide

For the purposes of this Act, “ecocide”—

(a)

as it applies to an individual, means unlawful or wanton acts or
omissions committed by persons of superior responsibility who had
knowledge, or should have had knowledge, that there was a substantial
likelihood of severe and either widespread or long-term damage to
the environment being caused by those acts;

(b)

as it applies to a company, organisation, partnership or other legal
entity, means strict liability for unlawful or wanton acts or omissions
with a substantial likelihood of severe and either widespread or
long-term damage to the environment being caused by those acts. 

3 Sentencing

(1)

The Secretary of State must by regulations establish defences and penalties
for offences under sections 1 and 2 within 12 months of the day on which
this Act is passed.

(2)

Before establishing the defences and penalties under subsection (1) , the
Secretary of State must carry out a public consultation and take advice from
the Sentencing Council as to the most appropriate defences and penalties.

4 Superior responsibility

(1)

Any director, senior manager, partner, leader and or any other person in a
position of superior responsibility is responsible for offences committed by
members of staff under their authority, and is responsible as a result of their
authority over such staff where they fail to take all reasonable measures
within their power to prevent or to stop all steps that lead to the commission
of the crime of ecocide.

(2)

A superior is responsible for offences committed by staff under their effective
authority as a result of their failure to exercise authority properly over such
staff where they failed to take all reasonable measures within their power to
prevent or stop the commission of a crime or to submit the matter to the
competent authorities for investigation.

(3)

A person responsible for aiding, abetting, counselling or procuring the
commission of an offence is regarded as responsible for an offence under this
section.

5 Proceeds of crime

The relevant provisions of the Proceeds of Crime Act 2002 apply in the event
of conviction for any offence under this Act.

6 Protection of people who report environmental crimes or collaborate in investigations

The Secretary of State must, within six months of the day on which this Act
is passed, lay before Parliament regulations made by statutory instrument to
establish measures to guarantee protection to people who report the crime
of ecocide, who provide evidence, or collaborate in investigations.

7 Investigation and enforcement

(1)

The Environment Agency is responsible for the investigation of potential
offences set out in sections 1 and 2 , and for the initiation of prosecution by
referral to the Crown Prosecution Service.

(2)

The Secretary of State must ensure sufficient resources are available for the
Environment Agency to investigate potential offences.

8 Application to public bodies

For the purposes of this Act “organisation” includes public bodies, government
departments and other entities that are regarded as servants or agents of the
Crown.

9 Regulations

(1)

Regulations under this Act are to be made by statutory instrument.

(2)

A statutory instrument containing regulations under this Act may not be
made unless a draft of the instrument has been laid before and approved by
a resolution of each House of Parliament.

10 Interpretation

In section 2 — 

“
acts” includes an act or a failure to act; 

“
environment” means the earth, its biosphere, cryosphere, lithosphere,
hydrosphere and atmosphere as well as outer space; 

“
long-term” means damage which is irreversible or which cannot be
redressed through natural recovery within a reasonable period of time; 

“
severe” means damage which involves very serious adverse changes,
disruption or harm to any element of the environment, including
serious impacts on human life or natural, cultural or economic
resources; 

“
wanton” means with reckless disregard for damage; 

“
widespread” means damage which extends beyond a limited geographic
area, to impact upon an ecosystem or species or a significant number
of human beings.

11 Extent, commencement and short title

(1)

This Act extends to England and Wales only.

(2)

This section comes into force on the day on which it is passed.

(3)

Sections 1 to 10 come into force at the end of the period of six months
beginning with the day on which it is passed.

(4)

This Act may be cited as the Ecocide Act 2024.