The Riigikogu passed an Act facilitating the transition to digital document management in prisons
At today’s sitting, the Riigikogu passed legislative amendments that will facilitate the transition to digital document management in prisons and will broaden prisoners’ opportunities to use technology.
The Riigikogu passed with 54 votes in favour the Act on Amendments to the Imprisonment Act and Other Acts (updating of the Imprisonment Act and the deployment of digital solutions) (227 SE), initiated by the Government. According to it, it will be possible for prisoners to use the Internet more, but still in a controlled environment and on a limited number of sites. The purpose of the amendment is to enable prisoners for example to access the digital files on them, to examine laws, to file appeals to administrative authorities, and to continue their education.
In open prison and during prison leave, in the future, prisoners will be allowed to use a mobile phone through which the prison can contact the prisoner, as necessary. Prisoners will also be allowed short-term visits more easily, and through a video bridge as well.
The amendments will also reduce the maximum length of commission to a punishment cell in order to bring the provisions into conformity with international recommendations. According to the Act, a reasonable period of time which must not be shorter than two twenty-four-hour periods will have to be allowed between two commissions to a punishment cell.
In order to resolve the problems that have arisen in practice, it will be provided that the claims subject to collection will be withheld on account of the money transferred to the account of the person held in custody, and the document on ascertaining a state of intoxication of a probationer will be made directly enforceable in order to reduce unnecessary workload. In addition, an attempt to unlawfully deliver a substance or object in a custodial institution will be made punishable.
The Riigikogu passed with 59 votes in favour the Act on Amendments to the Water Act (346 SE), initiated by the Government. It includes the provisions necessary to produce and use reclaimed water in the Act. The amendments create the possibility to transfer used water, for example, treated effluent, quarry water, and mining water, after it will have been additionally treated, to businesses who will use it in agriculture, in the creation of green areas, in street cleaning, and in industrial processes. The production of reclaimed water will require a water permit and the use of reclaimed water will bring about a registration obligation.
The environmental burden of the water discharged into recipients will decrease on account of the water directed to recovery. An average of 2,190 tons of nitrogen and 58 tons of phosphorus are discharged into recipients through outlets in a year. Upon the production and use of reclaimed water, the nutrient load on water bodies will decrease in correlation to how much reclaimed water will be put to use. Less water will be extracted from groundwater and surface water on account of the quantities of reclaimed water which will help save clean water resource.
Hanah Lahe from the Reform Party Group took the floor during the debate.
The Riigikogu also passed the Act on Amendments to the Aviation Act and the Health Services Organisation Act (347 SE), initiated by the Government. It establishes a clear legal framework for the use of the aircraft of the Police and Border Guard Board. So far, no aviation requirements have been established nationally for the state aircraft of the Police and Border Guard Board and the operation thereof, nor has a decision been made that European Union law be applied to the state aircraft of the Police and Border Guard Board.
The amendments will enable mutual recognition of the airworthiness of the state aircraft of the Police and Border Guard Board. It will also enable flying, maintenance of competence, and training for pilots under civil licence, and will ensure application of aero-medical requirements to flight crews. After a decision on application will have been made, the Transport Administration will also begin to exercise supervision over compliance with civil aviation requirements by the Police and Border Guard Board.
Besides the amendments enabling the state aircraft of the Police and Border Guard Board to comply with the airworthiness requirements of the Basic Regulation of the European Aviation Safety Agency, it is provided that equivalent requirements are established nationally in respect of the air operations of the state aircraft of the Police and Border Guard Board. At the same time, this remedies the legal gap relating to helicopter emergency medical service operations and establishes the legal bases for continuing helicopter emergency medical service operations in the country. As regards helicopter emergency medical service operations, it is provided that it is the responsibility of the state to organise transport with a helicopter of the Police and Border Guard Board for people who need help in unforeseen situations.
55 members of the Riigikogu supported the passing of the Act and one voted against it.
Seven Bills passed the first reading
The Bill on Amendments to the Energy Sector Organisation Act and Other Acts (356 SE), initiated by the Government, passed the first reading in the Riigikogu. It will transpose the principles and obligations facilitating the promotion of renewable energy arising from a European Union directive. They will help achieve the EU’s energy policy objective of increasing the use of sustainable and renewable energy. The amendments will concern in particular plants producing biofuels, bioliquids and biomass fuels from biomass or using them for energy production. The majority of the directive has been transposed into Estonian legal space in 2022.
In the light of a reasoned opinion of the European Commission, the Bill will provide for additional conditions arising from the directive on the basis of which energy produced will be counted as renewable energy and subsidies will be paid. Besides that, the Bill will bring into the Act precise terms that denote the concepts relating to the production, consumption, and supply of renewable energy.
The Estonian Conservative People’s Party Group moved to reject the Bill at the first reading, but the plenary did not support the motion. 11 members of the Riigikogu supported rejection and 52 were against.
The Bill on Amendments to the Energy Sector Organisation Act and the Environmental Impact Assessment and Environmental Management System Act (359 SE), initiated by the Government, passed the first reading. It will lay down a framework to accelerate the deployment of renewable energy. The Bill will set the criteria on what conditions environmental impact assessment can be waived for accelerated establishment of renewable energy projects of overriding public interest and will establish a system of mitigation and compensation measures for natural values for renewable energy projects.
Energy source projects set out in the National Energy and Climate Plan 2030, such as wind energy, solar energy, heat pumps and biomethane production projects, will be considered to be renewable energy projects of overriding public interest. In the case of such projects, it will be possible to make derogations arising from the Nature Directive, the Bird Directive, and the Water Policy Framework Directive. Overriding public interest will be applicable only in the course of planning projects and in development consent proceedings. Renewable energy projects of overriding public interest will have to be located outside Natura 2000 network and must not harm protected species.
In order to settle the infringement procedure launched by the European Commission, the Bill also specifies the content of the notice on making an environmental impact assessment programme and report public.
During the debate, Aivar Kokk from Isamaa Parliamentary Group, Martin Helme from the Estonian Conservative People’s Party Group, Priit Lomp from the Social Democratic Party Group and Andres Sutt from the Reform Party Group took the floor.
The Estonian Conservative People’s Party Group moved to reject the Bill at the first reading, but the motion was not supported. 14 members of the Riigikogu supported rejection but 59 voted against it.
The Bill on the Ratification of the Air Services Agreement between the Government of the Republic of Estonia and the Government of the Republic of Korea (357 SE), initiated by the Government, passed the first reading. The Government approved the agreement to be ratified with the Bill last October. The Bill will create a legal basis for having an air service between Estonia and Korea and this will involve ensuring mutual access to routes and ensuring equal opportunities for airlines, as well as non-discrimination taking into account the principles set out in the European Union Treaties.
On the basis of international law, interstate air service can take place on the basis of bilateral agreements. According to the explanatory memorandum, the conclusion of an agreement for the operation of air services with Korea would widen aviation opportunities for Estonia and the EU as a whole.
The Bill on Amendments to the Foreign Service Act and Amendments to Other Associated Acts (353 SE), initiated by the Government, passed the first reading. Its aim is to harmonise foreign service with the principles of public service and to make the current regulation clearer and simpler. Among other things, the Bill will update the foreign service salary system.
The Bill will reduce the burden upon the assignment of specialised diplomats and non-staff administrative officials to foreign missions as the decision-making competence relating to their assignment will be left to the sending ministry. In the recruitment to foreign service, a derogation will be made that will enable former diplomats to be recruited for a specified period without a public competition. The payment of the allowance for spouse and registered partner will also be continued to the extent of 50 percent in the case when the accompanying spouse works. An official who goes on a long-term assignment abroad alone with a child of under 13 years of age, a disabled child, or an adult child with no capacity for work will also have the possibility to take a support person with them to the long-term assignment abroad.
Liisa Pakosta from Estonia 200 Parliamentary Group took the floor during the debate.
The Bill on Amendments to the Health Insurance Act and Amendments to Other Associated Acts (prevention of incapacity for work) (377 SE), initiated by the Government, passed the first reading. It will enable people who are on a long-term sick leave to continue working under adapted conditions. Under the current Act, a person who is on a sick leave must not work or earn income subject to social tax in the period of release from work specified in their certificate for sick leave.
The Bill will enable employees to work, after they have been on a sick leave for 60 days, under conditions adapted to their health on the basis of their certificate for sick leave, for example part-time or by performing lighter tasks. During the time a person works on the basis of a certificate for sick leave, they will be able to receive labour market services supporting their capacity for work, and a benefit from the Estonian Health Insurance Fund to compensate for the decrease in their remuneration. The amendment will be made because, every year, an average of 17,000 employees have temporary incapacity for work lasting for more than 60 days, and an estimated 5,000 of them would use the opportunity to work while they are on a sick leave, and approximately 1,800 would need supporting services for that.
In addition, the amendment will enable a care leave of 60 days for parents whose children get a diagnosis of a severe illness. Currently parents are entitled to a care benefit for up to 14 calendar days when their child falls ill. As an exception, parents receive a care benefit for up to 60 days if their child has a malignant tumour and the treatment of the child commences in a hospital.
During the debate, Irja Lutsar from Estonia 200 Parliamentary Group and Helmen Kütt from the Social Democratic Party Group took the floor.
The Bill on the Ratification of the Convention between the Government of the Republic of Estonia and the Government of the Islamic Republic of Pakistan for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance and the Protocol thereto (368 SE), initiated by the Government, passed the first reading. The purpose of the convention to be ratified is to facilitate investments between the countries.
Compared to national legislative acts, the convention for the elimination of double taxation provides investors with greater legal certainty with regard to the elements of the tax system that are regulated by the convention. To achieve this aim, the convention limits the income taxes that the country of the source of income can establish for residents of the other country, ensures equal treatment of persons, and eliminates potential double taxation. The convention will enter into force when both countries have ratified it and have notified each other of the completion of relevant procedures. It will begin to be applied from the first day of January next following the year in which the convention enters into force.
As at the beginning of 2024, Estonia had agreements for avoidance of double taxation in force with 62 countries.
The Bill on Amendments to the Tax Information Exchange Act, the Taxation Act and the Income Tax Act (379 SE), initiated by the Government, passed the first reading. The amendment to an EU directive transposed with it will impose an obligation on multinational groups to disclose income tax information in a separate report. The information subject to disclosure involves the income tax paid and the necessary background information by country.
The amendment will concern multinational groups operating in Europe whose revenue exceeds for two consecutive financial years a total of 750 million euro. The Bill will solve the transposition of the directive with a legislative amendment that will give the tax authority the power to disclose online the reports they have already received. The deadline for the transposition of the directive was June last year.
The Bill will also transpose the EU directive on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups. EU Member States were due to transpose that directive by the end of last year but for smaller states with less than twelve ultimate parent entities of multinational groups a derogation has been provided according to which such countries will not have to apply the minimum tax during the first six years, that is, before 2023, in order to reduce the administrative burden. As there are five ultimate parent companies of multinational groups in Estonia as of 2022, Estonia will also apply the relevant derogation.
Martin Helme from the Estonian Conservative People’s Party Group took the floor during the debate.
The Estonian Conservative People’s Party Group moved to reject the Bill at the first reading, but the plenary did not support the motion. 13 members of the Riigikogu supported rejection and 46 were against.
Three Bills were dropped from the proceedings
The Riigikogu rejected at the first reading the Bill on Amendments to the Law Enforcement Act (163 SE), initiated by Members of the Riigikogu Helle-Moonika Helme and Henn Põlluaas. It was intended to ban the wearing of burqa and niqāb in public places.
Anti Poolamets from the Estonian Conservative People’s Party Group and Anti Haugas from the Reform Party Group took the floor during the debate.
40 members of the Riigikogu supported the motion of the Legal Affairs Committee to reject the Bill and 10 voted against it.
The Riigikogu rejected at the first reading the Bill on Amendments to the Municipal Council Election Act and Other Acts (246 SE), initiated by Members of the Riigikogu Henn Põlluaas, Helle-Moonika Helme, Mart Helme and Jaak Valge. It was intended to prohibit members of the Riigikogu from being members of city and municipal councils during their parliamentary mandates. According to the Bill, members of the Riigikogu who are elected to a municipal council would have to choose which of the mandates to use.
Arvo Aller from the Estonian Conservative People’s Party Group took the floor during the debate.
46 members of the Riigikogu supported the motion of the Constitutional Committee to reject the Bill and 10 were against it.
The Riigikogu also rejected at the first reading the Bill on Amendments to the Municipal Council Election Act (290 SE), initiated by the Estonian Conservative People’s Party Group. It provided that only citizens of Estonia and the EU would have the right to vote in municipal council elections. The current Act also allows permanent residents who are citizens of another country or who lack citizenship to vote in local elections.
Mart Helme from the Estonian Conservative People’s Party Group took the floor during the debate.
38 members of the Riigikogu supported the motion of the Constitutional Committee to reject the Bill and 10 voted against it.
The first reading of the Bill on Amendments to the Government of the Republic Act (276 SE), initiated by the Estonian Conservative People’s Party Group, was deferred from the agenda for today’s sitting due to the absence of the presenter..
The sitting ended at 7.54 p.m.
Verbatim record of the sitting (in Estonian)
Video recording will be available to watch later on the Riigikogu YouTube channel.
Riigikogu Press Service
Karin Kangro
+372 631 6356, +372 520 0323
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Questions: [email protected]
