Draft law amending the Prison Law (506 SE) – first reading

Session: 15th Riigikogu, 4th session, plenary sitting

Date: 2024-10-16 17:13

Total Speeches: 60

Membership: 15

Agenda Duration: 50m

AI Summaries: 60/60 Speeches (100.0%)

Analysis: Structured Analysis

Politicians Speaking Time

Politicians

Analysis

Summary

The agenda included the Riigikogu’s first reading of Bill 506 amending the Prison Law. The bill concerns the provision of detention services in Tallinn Prison and related budget allocations, as well as organizational changes made at the local level. The justification states that a significant portion of the costs must be covered through further cuts to the prison service budget, and for the provision of the service, a portion of the operations will be transferred to the jurisdiction of the Ministry of Justice in a detention center being established at Tallinn Prison. Critical attention was focused on both logistical and law enforcement principles: how the transfer of detention, arrest, and 48-hour custody to Tallinn will be handled, and how human rights, medical services, and supervisory services will be guaranteed. The discussion of the bill raised numerous technical and financial questions and involved several members of parliament and the minister presenting the bill.

Decisions Made 1
Collective Decision

The Riigikogu's Legal Affairs Committee adopted a common position to conclude the first reading of bill 506 and set the deadline for submitting amendments to October 30th at 5:00 PM. Furthermore, it was decided to close the consideration of the second agenda item with clear and current budgetary requirements and to continue the discussion at subsequent sessions according to the committee's consensus decision.

Most Active Speaker
Henn Põlluaas
Henn Põlluaas

Fraktsiooni mittekuuluvad Riigikogu liikmed

The most active speaker was Member of the Riigikogu and representative of the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta (minister) – position: other.

Aseesimees Toomas Kivimägi
17:13:41
AI Summary

Under the second item on the agenda, the Riigikogu is hearing a presentation from the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, regarding the first reading of Bill 506 on the amendment of the Imprisonment Act.

Justiits- ja digiminister Liisa-Ly Pakosta
17:13:59
AI Summary

Under the draft bill associated with the state budget, starting April 1st next year, the detention facility being established next to Tallinn Prison will receive individuals under short-term detention, those detained within 48 hours, or those subject to forced escort. However, individuals being taken for sobering up will not be transferred there; the prison service will cover the majority of these costs by means of an additional budget reduction.

Aseesimees Toomas Kivimägi
17:15:20
AI Summary

The Deputy Speaker thanks [the previous speaker] and calls upon Kert Kingo to ask a question.

Kert Kingo
17:15:22
AI Summary

Kert Kingo asks whether the draft bill will close the last remaining police detention facilities and transfer all detention operations to prison grounds.

Justiits- ja digiminister Liisa-Ly Pakosta
17:15:43
AI Summary

According to Minister of Justice and Digital Affairs Liisa-Ly Pakosta, individuals sentenced to detention, those detained for up to 48 hours, and those subjected to compulsory escort will be centralized in Tartu Prison, Viru Prison, and, starting from April 1st next year, in Tallinn Prison. Intoxicated individuals taken for sobering up will be handled by the police. Furthermore, the question of whether a detention facility is the correct place for sobering up, or if people should instead be taken home or to a social welfare or health care institution, is a completely separate issue and does not pertain to this draft bill.

Aseesimees Toomas Kivimägi
17:16:34
AI Summary

Deputy Speaker Toomas Kivimägi invited Mart Helme to take the floor.

Mart Helme
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioon
17:16:35
AI Summary

Mart Helme asks about the technical implementation, specifically whether residents of Saaremaa, Hiiumaa, and Vormsi will be transported to Tallinn or Tartu, and whether the service will become more professional. He also raises concerns regarding the lack of available medical examinations at police stations and asks whether this optimization will result in a deterioration of services.

Justiits- ja digiminister Liisa-Ly Pakosta
17:17:20
AI Summary

He confirmed that Estonia is a state governed by the rule of law, adheres to the norms of human rights and international conventions, and that Tallinn Prison ensures humane treatment and necessary services (preliminary assessment, suicide risk assessment, medical services, and 24/7 intake and supervision), utilizing additional staff if necessary. Furthermore, he disagreed with the assertion that these requirements are not being fulfilled.

Aseesimees Toomas Kivimägi
17:19:00
AI Summary

Vice-Chairman Toomas Kivimägi asked Kert Kingo to present the second question.

Kert Kingo
17:19:02
AI Summary

Kert Kingo raised the question of how the savings generated by the difference between the sobering-up station and the detention facility are actually realized, given that suspects are constantly being moved back and forth between the police station and the detention facility, and what the actual monetary value of these savings is.

Justiits- ja digiminister Liisa-Ly Pakosta
17:19:53
AI Summary

The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, explained that this involves transferring a service from the Police and Border Guard Board to Tallinn Prison. The total cost of the transfer is 1,298,040 euros, which includes 578,040 euros for additional personnel costs to remunerate ten prison officers and five healthcare providers, and also covers the reconstruction of cells and the redesign of the entrance checkpoint. A large portion of the cost will be covered by the prison service budget, with only 135,000 euros representing the amount exceeding the state budget allocation. Furthermore, the sobering-up station component is not related to this transfer, and that function will not be taken over from the Police and Border Guard Board.

Aseesimees Toomas Kivimägi
17:21:01
AI Summary

Deputy Speaker Toomas Kivimägi requested that Henn Põlluaas be called to the stage.

Henn Põlluaas
Henn Põlluaas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:21:02
AI Summary

Henn Põlluaas points out that ten new jobs will be created at the prison, along with other construction costs, but the number of personnel in the North Prefecture and the number of detention center employees will not decrease. He therefore requests clarification on the substantive purpose of this measure and whether it is connected to cost-saving efforts.

Justiits- ja digiminister Liisa-Ly Pakosta
17:21:44
AI Summary

Minister of Justice and Digital Affairs Liisa-Ly Pakosta stated that the draft bill adds 15 new employees (10 prison officers and 5 healthcare providers). She noted that these costs will be covered by the existing budget, with only 135,000 euros specifically allocated from the state budget. Furthermore, the service is being transferred from the Police and Border Guard Board (PPA) to the jurisdiction of the Ministry of Justice. This move may, in the long term, lead to economic benefits and staff-sharing efficiencies at the Tallinn prison, although the use of PPA personnel for fulfilling other duties is intended to continue.

Aseesimees Toomas Kivimägi
17:23:20
AI Summary

Deputy Speaker Toomas Kivimägi invited Andres Metsoja to the stage.

17:23:22
AI Summary

In his speech, Metsoja highlighted the confusion surrounding the transfer of the sobering center service to local municipalities, asking what mandate accompanies this move and requesting clarification on the division of responsibilities between state institutions. He also noted that the matter appears to fall under the jurisdiction of the Ministry of the Interior, not his own ministry.

Justiits- ja digiminister Liisa-Ly Pakosta
17:24:22
AI Summary

The presentation addressed two issues—the budget cut in Tallinn and the organization of the sobering-up facility—and it was stated that the cut concerning Tallinn will be processed through Tallinn Prison and moved under the jurisdiction of the Ministry of Justice and Digital Affairs, with only about 135,000 euros allocated for this in the state budget. Furthermore, the sobering-up service itself remains excluded from the draft bill, meaning placement for detoxification is only permitted in Tartu and Viru Prison. The minister apologized for the resulting confusion, stressing the need for a broader public discussion and the consideration of a potentially greater role for local government, while emphasizing that the issue of the Pärnu sobering-up facility falls under the purview of the Ministry of the Interior.

Aseesimees Toomas Kivimägi
17:27:34
AI Summary

Toomas Kivimägi asks Kalle Grünthal to step forward.

Kalle Grünthal
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:27:36
AI Summary

Grünthal claims that the draft bill is flawed on all three counts: due to a logistical problem, involving over a million in additional costs, and having been implemented without the knowledge of the Riigikogu. He suggests as a solution that robust detention facilities be built in the counties and that prison service employees could work in rural areas, which would result in financial savings and an optimal solution.

Justiits- ja digiminister Liisa-Ly Pakosta
17:28:39
AI Summary

Minister of Justice and Digital Affairs Liisa-Ly Pakosta said that this is a solution by the North Prefecture specifically for Tallinn and its surrounding areas, not a nationwide solution, noting that the police already have premises available in smaller locations. The total cost amounts to 1,298,040 euros, of which 135,000 euros will be allocated as an additional cost, with the remainder covering cuts within the prison service. She also stressed that nothing would have been done without a decision by the Riigikogu (Parliament), and the service will take effect on April 1st next year, concurrently with the reorganization of spaces within Tallinn Prison for the checkpoint and cells.

Aseesimees Toomas Kivimägi
17:30:29
AI Summary

Deputy Speaker Toomas Kivimägi invites Mart Maastik to come forward and speak.

Mart Maastik
Mart Maastik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:30:32
AI Summary

Mart Maastik expressed confusion over the content of subsections of § 3 and § 4 of the law, asking whether they were drafted using AI or who actually wrote them, and noted that these provisions restrict the placement in prison of individuals who were detained or taken into custody for sobering up, limiting it only to Tartu and Viru prisons until March 31, 2025.

Aseesimees Toomas Kivimägi
17:31:40
AI Summary

Deputy Chairman Toomas Kivimägi thanks.

Mart Maastik
Mart Maastik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:31:41
AI Summary

He or she asks what happens next and is seeking clarity regarding the long-term plan, noting that they are there until March 31st.

Justiits- ja digiminister Liisa-Ly Pakosta
17:31:49
AI Summary

Justice and Digital Minister Liisa-Ly Pakosta explains that Section 1727 of the Imprisonment Act and the accompanying additional sections constitute a very significant infringement on personal liberty and require the control of the Riigikogu (Estonian Parliament), as this involves a massive violation of fundamental rights. Furthermore, the 2021 amendment permitted the serving of arrest sentences in prisons (such as Tartu and Viru prisons) for four categories of detainees, regarding which she requests that this service be provided in Tallinn Prison for three of those groups, excluding individuals taken into sobering-up detention.

Aseesimees Toomas Kivimägi
17:34:08
AI Summary

Deputy Speaker Toomas Kivimägi invites Henn Põlluaas to take the floor.

Henn Põlluaas
Henn Põlluaas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:34:09
AI Summary

Henn Põlluaas argues that the draft bill does not represent a genuine reduction in expenditure, but merely the redistribution of funds from one pocket to another. He is demanding a substantive justification and explanation for why money was taken from the Ministry of the Interior's budget, where it is now being directed, and what improvement this will bring.

Justiits- ja digiminister Liisa-Ly Pakosta
17:35:02
AI Summary

State budget cuts are being implemented, and by transferring the detention service to Tallinn Prison, up to 48 spots will be created. There, trained staff from the Estonian Academy of Security Sciences will ensure both the high quality of long-term incarceration and improved humane conditions for short-term detention services.

Aseesimees Toomas Kivimägi
17:38:19
AI Summary

Deputy Chairman Toomas Kivimägi asked Rain Epler to come.

Rain Epler
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:38:22
AI Summary

He requested that the discussion be simplified and that specific figures from the budget-related bill be presented—how much would be saved and how much more would be spent—and noted that the responses had been lengthy and the transcript needed to be read through carefully.

Justiits- ja digiminister Liisa-Ly Pakosta
17:38:49
AI Summary

Minister of Justice and Digital Affairs Liisa-Ly Pakosta said that 135,325 euros will be transferred from the Ministry of the Interior's budget to the Ministry of Justice's prisons budget, and a necessary additional reduction will be made there for the provision of the service.

Aseesimees Toomas Kivimägi
17:39:41
AI Summary

Deputy Speaker Toomas Kivimägi calls upon Urmas Reinsalu to speak.

17:39:43
AI Summary

Urmas Reinsalu inquired about the size of the 2025 net cut to the Ministry of the Interior's budget allocated for carrying out this operation, taking into account the 135,000 euro increase in the Ministry of Justice's budget. He requested an exact figure and clarification on whether ten additional officials would be recruited or reassigned from the prison service.

Justiits- ja digiminister Liisa-Ly Pakosta
17:40:49
AI Summary

The report gives the impression that in 2025, 135,325 euros will be transferred from the Ministry of Internal Affairs' prison budget to the Ministry of Justice. This shift creates an additional staffing need—ten prison officials and additional healthcare service providers—because the detention facility must be open around the clock, and the Tallinn reception unit currently operates only on weekdays, while some employees of the Police and Border Guard Board are simultaneously redirected to other tasks.

Aseesimees Toomas Kivimägi
17:43:39
AI Summary

This is a brief request to invite Andres Metsoja to speak.

17:43:41
AI Summary

Andres Metsoja raised the question of the extent to which the local government must assume the functions of the prison, how many additional employees (up to 15) are required, what role will be left for the social worker or the prison guard, and how the flow of funding from the ministries to the local government will be managed.

Justiits- ja digiminister Liisa-Ly Pakosta
17:44:47
AI Summary

This current draft bill does not deal with intoxicated persons who have been brought in for sobering up, but rather addresses three types of detainees within the jurisdiction of the North Prefecture in Tallinn: those sentenced to detention, those detained for up to 48 hours, and those subject to compulsory escort. Furthermore, the organization of sobering-up centers is a separate matter; if a person is not a danger to themselves and is taken home, additional staff will probably not be necessary.

Aseesimees Toomas Kivimägi
17:45:39
AI Summary

Rain Epler is invited to speak.

Rain Epler
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:45:43
AI Summary

Rain Epler continues on budget topics and notes that 135,200 is known in the 2025 budget, which does not change the overall budget volume, but there are many additional hires, and the movement of funds within the Ministry of the Interior is opaque. He therefore requests that these figures be readily available in future presentations and that they be searchable within the materials.

Justiits- ja digiminister Liisa-Ly Pakosta
17:46:49
AI Summary

Minister of Justice and Digital Affairs Liisa-Ly Pakosta clarified that the draft legislation addresses a transfer of 135,325 euros from the Ministry of the Interior’s prison budget to the Ministry of Justice’s prison budget. This amount does not cover the full cost of running the detention facility, but no extra costs will fall upon the taxpayer, as the amounts will be covered by the prison service’s own restructuring and cuts, and existing staff will be reassigned to other duties within the Police and Border Guard Board.

Aseesimees Toomas Kivimägi
17:48:05
AI Summary

Toomas Kivimägi called upon Urmas Reinsalu to speak.

17:48:07
AI Summary

Urmas Reinsalu criticizes the bill, stating that it bears Kristen Michal's leadership signature, and the rhetoric simply doesn't align with reality: the money saved is being redirected elsewhere, while simultaneously there are plans to bring prisoners from England and hire ten prison guards and five medics—that is clearly contradictory.

Justiits- ja digiminister Liisa-Ly Pakosta
17:49:09
AI Summary

Minister of Justice and Digital Affairs Liisa-Ly Pakosta said that additional personnel are needed to convert Tallinn Prison into a detention facility because the workload will increase by approximately 20 detainees and the daily intake by about nine individuals. Furthermore, starting from April 1st, the Police and Border Guard Board will use existing staff to perform other core duties that are not related to the draft bill under discussion.

Aseesimees Toomas Kivimägi
17:51:03
AI Summary

Deputy Speaker Toomas Kivimägi invites Mart Helme to take the floor.

Mart Helme
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioon
17:51:05
AI Summary

Mart Helme states that he has not alleged human rights violations concerning the detainees, and draws attention to the future of the detention cells built over the last ten years—whether they will be renovated using state funds or repurposed, and whether tens of millions of euros will be allocated for this or if savings will be sought.

Justiits- ja digiminister Liisa-Ly Pakosta
17:52:15
AI Summary

The statement by the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, explains that the draft bill addresses detention services for the city of Tallinn and its surrounding area, and that existing prisons in Tartu, Viru, and Tallinn will also be able to offer detention services going forward, but the construction of a prison in Pärnu is not being planned.

Aseesimees Toomas Kivimägi
17:53:32
AI Summary

Toomas Kivimägi asked Aivar Kokk to speak.

Aivar Kokk
Aivar Kokk
Profiling Isamaa fraktsioon
17:53:33
AI Summary

Aivar Kokk claims that the purpose of the draft legislation is to reduce state budget expenditures at Tallinn Prison and not to add jobs, but the minister's assertion regarding 15 new positions for 10 inmates, or the 48-hour holding period, is, according to him, seen as contradictory.

Aseesimees Toomas Kivimägi
17:54:39
AI Summary

Deputy Chairman Toomas Kivimägi thanked the audience.

Aivar Kokk
Aivar Kokk
Profiling Isamaa fraktsioon
17:54:41
AI Summary

Aivar Kokk asks if this is for cost savings.

Justiits- ja digiminister Liisa-Ly Pakosta
17:54:45
AI Summary

Minister of Justice and Digital Affairs Liisa-Ly Pakosta said that the number of prison places does not automatically determine the number of staff. A system organized according to workload requires approximately 20 additional detainees and 9 daily turnovers in the reception unit. However, the work, which operates on 24/7 shifts, will not cost the taxpayer excessively, and in the long term, this expenditure will consolidate into the state budget, a fact confirmed by two analyses.

Aseesimees Toomas Kivimägi
17:56:58
AI Summary

Deputy Speaker Toomas Kivimägi calls Kalle Grünthal to speak.

Kalle Grünthal
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:57:00
AI Summary

Kalle Grünthal criticizes the minister, accusing him of deception and of being a globalist cog, and asks what is being done with the fully constructed chambers located on police territory, which constantly generate costs for the taxpayer and cannot be used elsewhere.

Justiits- ja digiminister Liisa-Ly Pakosta
17:57:48
AI Summary

Minister of Justice and Digital Affairs Liisa-Ly Pakosta thanks the audience and emphasizes that she did not build these chambers.

Aivar Kokk
Aivar Kokk
Profiling Isamaa fraktsioon
17:57:52
AI Summary

Aivar Kokk criticizes the fact that the legally mandated reduction of state budget expenditures should not lead to additional costs. However, there are plans to hire 15 people and draft a bill that actually increases spending, and he asks what the daily cost of that position is.

Aseesimees Toomas Kivimägi
17:57:52
AI Summary

Aivar Kokk was invited to speak at the beginning of the address.

Justiits- ja digiminister Liisa-Ly Pakosta
17:59:03
AI Summary

According to Liisa-Ly Pakosta, the Minister of Justice and Digital Affairs, as of September 18, 2024, 48 guards are employed at the Tallinn North Prefecture Detention Center, but the new unit will employ 10 prison officials. This will not bring about an immediate, explosive reduction in costs, but in the long run, the service will be more economical, resulting in approximately 135,325 euros moving into the state budget. The 48 positions will remain within the Police and Border Guard Board (PPA), and the employees will be transferred to other posts. One-time reconstruction works will require a portion of the 2025 budget, and the change is based on an analysis compiled in 2023.

Aseesimees Toomas Kivimägi
18:01:10
AI Summary

Toomas Kivimägi announced that the questioning was concluded, and invited the attendees to hear the summary of the debate held in the Legal Affairs Committee and the decisions reached, and then asked the committee chairman, Andre Hanimägi, to take the floor.

Andre Hanimägi
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
18:01:30
AI Summary

On October 7, the Legal Affairs Committee of the Riigikogu discussed the draft bill and decided by consensus that the service would be provided at Tallinn Prison, which is under the jurisdiction of the Ministry of Justice, and that persons detained within 48 hours would be placed in a separate section in Tallinn. It was also decided that the draft bill will be placed on the agenda on October 15, the first reading will be concluded, and the deadline for amendments is ten working days.

Aseesimees Toomas Kivimägi
18:04:22
AI Summary

The Deputy Speaker announced that the first reading of Draft Bill 506 has been concluded, the deadline for the submission of amendments is October 30th at 17:00, and the proceedings for the second item on the agenda have been completed.