First Reading of the Draft Bill on Amendments to the State Assets Act and the Land Cadastre Act (327 SE)
Session: 15th Riigikogu, 3rd session, plenary session
Date: 2024-01-09 12:03
Participating Politicians:
Total Speeches: 31
Membership: 15
Agenda Duration: 34m
AI Summaries: 31/31 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The Riigikogu debate centered on the first reading of Draft Act 327, initiated by the Isamaa faction, which proposed amendments to the State Assets Act and the Land Cadastre Act. The objective of the draft act was to resolve a legal vacuum that emerges when land designated for national defense purposes is alienated into private ownership. The presenter of the draft act, Andres Metsoja (Isamaa), explained that the current situation permits private legal entities to construct objects that were planned decades ago for national defense purposes (e.g., border posts), even if the state itself no longer requires them and the local government (KOV) has established a new comprehensive plan. Metsoja emphasized that the state should not artificially inflate the value of land through national defense planning with the aim of selling it off profitably later. Isamaa’s proposal was that the national defense designation would automatically lapse on the day the transaction is concluded, compelling the new owner to initiate a new planning process.
However, Priit Lomp (Centre Party), the co-presenter for the lead committee, the Economic Affairs Committee, offered sharp criticism of the draft act. Lomp noted that the committee found the necessity of the draft act unclear, as no live examples of the problem could be presented. Furthermore, the committee found the draft act to be technically deficient—the Land Cadastre Act does not permit the automatic change of designation, and this could infringe upon the rights of land purchasers. Lomp viewed the topic as primarily a matter of planning procedure, falling under the competence of the KOV, and recommended rejecting the draft act. Despite Metsoja’s repeated explanations and request to keep the draft act in the proceedings for further discussion, the position of the Economic Affairs Committee remained dominant.
Decisions Made 1
Bill 327 (Draft Law amending the State Assets Act and the Land Cadastre Act) was rejected in the first reading (46 in favor, 17 against).
Most Active Speaker
The most active presenter was Andres Metsoja (Isamaa faction), who submitted the draft bill and repeatedly participated in the debates, defending the bill's substance and necessity. Metsoja represented the opposition (right-wing) viewpoint, emphasizing the importance of eliminating the legal vacuum and ensuring transparency in the transfer of national defense properties. He was obliged to answer questions regarding the technical shortcomings of the draft legislation, as well as defend the bill's subject matter, which the Economic Affairs Committee had deemed irrelevant and hastily compiled.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi announces the next item on the agenda—the first reading of Draft Act No. 327, initiated by the Isamaa faction, concerning amendments to the State Assets Act and the Land Cadastre Act—calls rapporteur Andres Metsoja to the podium, and simultaneously allows Rain Epler to raise a procedural question.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler explained that two of the bill's sponsors are on official travel abroad and Kert Kingo is ill, stating that this does not constitute obstruction. He added that the matter of the official travel could have been verified earlier, just as the proceedings department usually verifies the presence of presenters before the draft agenda.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi stated that this was merely a general request, and since Kert Kingo is ill, we were unable to deliberate on the item in question. He then asked Andres Metsoja to take the floor next.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
According to Andres Metsoja, upon the alienation of national defense properties and lands, the national defense designation must be terminated on the day of the transaction. The land must then be reverted to general or agricultural land use, and the entire process must be initiated anew, involving fresh planning and the participation of the community and relevant commissions.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanked the esteemed rapporteur, noting that the presentation had been very clear and comprehensible, and that the Economic Affairs Committee had understood the matter, before inviting Urve Tiidus to pose a question.
Urve Tiidus
Profiling Eesti Reformierakonna fraktsioonAI Summary
Urve Tiidus asked how many land parcels must be released from the previous detailed zoning plan and how many of them are already pending.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
Metsoja notes that the list of objects concerning national security is constantly changing and classified, which creates conflicts of interest between the state and private developers, such as the example of the Kopli area and the story of the volunteer rescuers’ house located by the river.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanked the rapporteur and stated that there were no further questions. He then invited everyone to hear the perspective of the Economic Affairs Committee on this draft bill and asked Priit Lomp to deliver the co-report.
Priit Lomp
AI Summary
Priit Lomp highlighted that the draft bill fails to adequately explain the reason or impact of the proposed change. Furthermore, it could infringe upon the rights of land purchasers and local governments, raising concerns and technical questions. Consequently, the Economic Affairs Committee decided to reject the bill. The committee also appointed Lomp as the representative of the lead committee, scheduled the bill for the plenary session agenda on December 14th, and planned to restart the process with renewed vigor next year.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi thanks the presenter for the thorough report and asks Leo Kunnas to pose at least one question.
Leo Kunnas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Leo Kunnas asks whether the committee failed to consult the National Defence Committee for an opinion, given that the topic is related to national defence.
Priit Lomp
AI Summary
Priit Lomp said that the draft bill amending the National Defence Act and the Land Cadastre Act focuses primarily on the intended use of the land, and several points of concern are visible there. To resolve these, it might be necessary to turn to the Legal Committee for relevant opinions, and if a better draft bill emerges that solves these bottlenecks, it would be reasonable to consider it.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi calls upon Andres Metsoja to speak.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
Andres Metsoja explains that the draft legislation concerns the Act amending the State Assets Act and the Land Cadastre Act (not the National Defence Act) and national defence objects in a broader sense, but he notes that although in some cases the local government may refuse to issue a building permit due to a detailed plan that would assign the object a primary function, the experience of long legal disputes shows that the owner's consent is lacking, which means the local government practically has no option but to issue the building permit, and he requests further commentary on this example.
Priit Lomp
AI Summary
Priit Lomp stated that, based on current practice, the local government (KOV) has the ability to intervene in determining the use and intended purpose of a building, and this largely depends on the local government's interest and how assertively that interest is demonstrated. Furthermore, in the subsequent discussion, a better draft resolution should be prepared and disagreements should be resolved.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi calls upon Alar Laneman to speak.
Alar Laneman
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Alar Laneman criticized the response as insufficiently substantive, emphasizing that national defense encompasses many non-military but related topics, and inquired about the criteria for the hastily drafted bill.
Priit Lomp
AI Summary
Priit Lomp said that if the remaining members of the committee identify numerous flaws in the draft bill for which no solutions are provided, it is not sensible to send it to another committee only to get the same outcome. Furthermore, if the bill creates new legal disputes, they should take the time to discuss it again.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Speaker Toomas Kivimägi asks Tõnis Lukas to take the floor.
Tõnis Lukas
Profiling Isamaa fraktsioonAI Summary
Tõnis Lukas asks what military objects are located on the municipality's territory and what his experience relates to, and notes that perhaps an answer cannot be given due to classification, adding that, to his knowledge, the Kastre battle site from the Great Northern War is located there.
Priit Lomp
AI Summary
He recommends reviewing the general plans of local governments, especially those near the electoral district, and confirms that there isn't a single blurred spot on the Land Board's map, adding that all general and detailed plans are public.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanks the speaker, states that there are no questions, declares the opening of the debate, and invites Andres Metsoja.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
Andres Metsoja thanks you and requests three additional minutes.
Aseesimees Toomas Kivimägi
AI Summary
The focus of the discussion is the request for three extra minutes.
Andres Metsoja
Profiling Isamaa fraktsioonAI Summary
Andres Metsoja highlighted that a legal vacuum emerges when planning national defense facilities and regulating their intended purpose. Consequently, the draft legislation must be advanced to resolve the inconsistencies among the comprehensive plan, the detailed plan, and construction permits, thereby preventing any detriment to national defense interests.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanked the speaker and announced that he had no desire for negotiations, but he did ask a procedural question and called upon Priit Lomp.
Priit Lomp
AI Summary
Priit Lomp expresses his thanks and says he knows the reply will be that this is not a procedural question, but he has a very quick remark.
Aseesimees Toomas Kivimägi
AI Summary
He confirms that you have the opportunity to participate in the negotiations.
Priit Lomp
AI Summary
Priit Lomp stated that he and Andres Metsoja had been mistaken about the name of the law. He also corrected Metsoja and clarified that private land and municipal land are forms of ownership, while the designated purpose is something else entirely, adding that he was making the correction solely for the sake of the minutes.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi concluded the discussions and put the motion to reject Draft Bill 327 at the first reading up for a vote.
Aseesimees Toomas Kivimägi
AI Summary
During the first reading, the Riigikogu voted on Draft Bill 327: 46 members were in favor, 17 were against, and there were 0 abstentions. Consequently, the bill was rejected and will be dropped from the legislative process.