First Reading of the Draft Act Amending the Public Prosecutor's Office Act (105 SE)
Session: 15th Riigikogu, 3rd session, plenary sitting
Date: 2024-01-16 13:44
Participating Politicians:
Total Speeches: 70
Membership: 15
Agenda Duration: 1h 10m
AI Summaries: 70/70 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The first reading of Draft Act 105, concerning the amendment of the Prosecutor's Office Act and initiated by Riigikogu members Kert Kingo, Varro Vooglaid, and Martin Helme, took place as the third item on the Riigikogu's agenda. The purpose of the draft act was to enhance control over the activities of the Prosecutor's Office by expanding the administrative supervision carried out by the Ministry of Justice and by granting every person the right to initiate requests for disciplinary proceedings against prosecutors. The rapporteur, Kert Kingo, highlighted several violations by prosecutors identified by the courts (including the falsification of evidence, illegal surveillance activities, and politically biased proceedings), asserting that the internal control of the Prosecutor's Office is ineffective and that offenders remain unaccountable.
Valdo Randpere, representing the Legal Affairs Committee, proposed rejecting the draft act. He emphasized that the draft act overdramatizes the situation and that the court system already functions as a control mechanism. The position of Randpere and the Ministry of Justice was that extending administrative supervision to the core tasks of the Prosecutor's Office (pre-trial procedure, bringing charges) endangers the principle of the separation of powers. During the debate, the alleged political bias of the Prosecutor's Office and the wasting of taxpayer money on unfounded proceedings were widely discussed. In the final vote, the draft act was rejected during its first reading.
Decisions Made 1
Bill 105 (the draft amendment to the Prosecutor's Office Act) was defeated in the first reading (54 votes in favor, 15 against).
Aseesimees Toomas Kivimägi
AI Summary
The third item on the agenda is the first reading of the draft law amending the Prosecutor's Office Act, initiated by Kert Kingo, Varro Vooglaid, and Martin Helme. Kert Kingo will serve as the rapporteur.
Kert Kingo
AI Summary
Kert Kingo asks if she has twenty minutes.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi responded briefly and affirmatively.
Kert Kingo
AI Summary
The report highlights that violations committed by the Prosecutor's Office and insufficient oversight have eroded public trust in state authority. The objective of Bill 105 is therefore to grant the Ministry of Justice broader administrative supervision over the Prosecutor's Office, including control over the planning of surveillance operations, pre-trial proceedings, and the representation of the state prosecution. This measure aims to enhance compliance with laws, bolster the credibility of the Estonian legal system, and strengthen its reputation as a Western rule of law state.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi expresses his gratitude and notes that there are a number of questions, before inviting Siim Pohlak to speak.
Siim Pohlak
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Siim Pohlak claims that supervision over the Prosecutor's Office is not wanted in Estonia. He points out that solutions vary across different European countries, mentions the EKRE draft bill and the opposition from the Supreme Court and the Ministry of Justice, and calls for an analysis of why these institutions are unwilling to take on this supervisory role, while simultaneously referring to problems where the process often becomes the punishment itself and where wiretapping and surveillance activities violate human rights.
Kert Kingo
AI Summary
Kert Kingo asserts that the Supervision Department of the State Prosecutor's Office is ineffective and that violations are clearly documented in court rulings. Consequently, EKRE has proposed, as an alternative, placing the department under the jurisdiction of the Supreme Court.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi invited Anastassia Kovalenko-Kõlvart to speak.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
The rapporteur warns that should the Ministry of Justice begin exercising supervision over the Prosecutor's Office, it would open Pandora's box, making the Prosecutor's Office politically susceptible to influence based on party affiliation.
Kert Kingo
AI Summary
Kert Kingo notes that while the Ministry of Justice exercises supervision over the Prosecutor's Office under the current law, it does so with limitations. However, this raises questions regarding the independence of the Prosecutor's Office, a concern highlighted by the press conference concerning the gas pipeline rupture, during which the Prime Minister corrected the State Prosecutor's positions.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas addresses Mart Helme and makes a request.
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Mart Helme said that although the investigation is being led by the Prosecutor’s Office and carried out by the Central Criminal Police, virtually nothing significant has happened. He added that the Prosecutor’s Office is behaving unprofessionally, abusing its power and official documentation, and has turned into a political instrument for implementing repressions, a point illustrated by the case of Kert Kingo.
Kert Kingo
AI Summary
Kert Kingo claims that no serious investigation or searches have been conducted in the Slava Ukraini Estonian cases, despite the fact that crimes were committed in Estonia and people were defrauded of money, and the cooperation between the prosecutor's office and the police appears insufficient, meaning evidence could be destroyed.
Aseesimees Jüri Ratas
AI Summary
The Vice-Chair calls on Jaak Valge to take the floor.
Jaak Valge
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Jaak Valge expresses astonishment regarding the delayed procedure of the draft bill and the violation of the Riigikogu Rules of Procedure and Internal Rules, and requests commentary on Justice Minister Kalle Laanet’s opinion as to why the Minister claims that the situation concerning criminal proceedings involving prosecutors will not change with the bill.
Kert Kingo
AI Summary
Kert Kingo claims that excuses are being sought for rejecting the draft bill, and the first step should be a disciplinary investigation, during which all the circumstances will become clear. If a violation or crime is revealed, a formal complaint can then be filed, especially since the minister or the Ministry of Justice has not been entirely honest and straightforward, but has instead been maneuvering.
Aseesimees Jüri Ratas
AI Summary
Jüri Ratas invited Anti Poolamets to speak.
Anti Poolamets
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Anti Poolamets asserts that there is a discernible pattern where the Prosecutor's Office and the police are politicized, and in the case of several major scandals, the matters never make it to court.
Kert Kingo
AI Summary
Kert Kingo accuses the Estonian legal system of inefficiency and political bias, claiming that baseless proceedings are initiated and cases involving massive damages and thousands of victims remain unresolved. Taxpayer money is spent on falsified investigations, while, shielded by facts distorted by the minister, the focus remains on Ukraine, and genuine domestic political frauds are left uninvestigated.
Aseesimees Jüri Ratas
AI Summary
Varro Vooglaid is called upon to speak and begin the address.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid emphasized the importance of the internal oversight of the Prosecutor's Office and the proposal to amend Section 9 of the Prosecutor's Office Act. He also questioned whether the mechanism launched by the Ministry of Justice over the last ten years has truly functioned and resulted in sanctions against prosecutors.
Kert Kingo
AI Summary
Kert Kingo stated that about a year and a half to two years ago, two prosecutors were dismissed from the Southern District Prosecutor's Office in connection with alleged violations, but he knows very little about the matter, and that is the only thing he can say, despite being in close cooperation with the prosecutor's office.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas invites Priit Lomp to speak.
Priit Lomp
AI Summary
Priit Lomp said he agrees with the issues of the abnormally long duration of proceedings and the so-called 'killing by procedure.' He asked whether there has been discussion about extending the right to request a disciplinary procedure to everyone—not just the interested party—noting that this could massively increase the volume of proceedings. He also inquired whether the initiators had explored an alternative between the two extremes: the right of everyone versus the right of only the interested party.
Kert Kingo
AI Summary
Kert Kingo emphasized that the disciplinary procedure is a separate oversight process that does not require payment, and that everyone must have the opportunity to file a request so that no one is restricted, and so that the rule of law and a trustworthy legal system ensure a disciplinary investigation in cases of misconduct by prosecutors.
Aseesimees Jüri Ratas
AI Summary
The Chair asks for René Kokk to be invited to speak.
AI Summary
Rene Kokk pointed out that legal proceedings in Estonia have been used to punish opponents, and he asked how to break free from this, referencing the cases of Kajar Lember, the former EKRE IT Minister, Mary Kross, and the Tallinn Port procurement, where the actual wrongdoing is not apparent.
Kert Kingo
AI Summary
Kert Kingo stresses that this is not dependent on EKRE; rather, the Reform Party and other governing coalition parties have largely created a defense mechanism where the rift between the Prosecutor’s Office and the courts, coupled with the expansion of the definition of criminal offenses, threatens the fundamental principles of the rule of law and indicates Estonia’s drift toward a dictatorial state.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
The claimant alleges that the prosecution is attempting to expand the judicial system by initiating cases where evidence may be lacking, or where the law already favors the prosecution, hoping to establish new precedents and increase their scope of discretion. This burdens the court and leaves people feeling uncertain.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas invited Anastassia Kovalenko-Kõlvart to speak.
Kert Kingo
AI Summary
Kert Kingo claimed that the prosecutor's office is creating a new structure and employing this practice to destroy people's reputation and financial standing, as well as waste taxpayer money.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas invites Priit Lomp to the stage.
Priit Lomp
AI Summary
Priit Lomp emphasized that Estonia is a state governed by the rule of law, and this principle cannot depend on whether a decision is personally liked or not. He further noted that the funding for disciplinary proceedings comes from the state budget, and the number of these proceedings increases as the number of applications grows. Lomp added that the right of everyone (or universal right) is broader than the specific example concerning the elderly person's daughter.
Kert Kingo
AI Summary
Kert Kingo emphasized that they shouldn't immediately increase the size of the supervision department, given that the department and its budget already exist, and they should first focus on fulfilling their current duties. If the workload grows and new staff are needed, the government can then decide accordingly.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas thanked the rapporteur, stated that there were no questions, and invited Valdo Randpere, a member of the Legal Affairs Committee, to the Riigikogu rostrum to deliver his presentation.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere emphasized that Estonia is a functioning state governed by the rule of law, and the oversight mechanisms for the courts and the prosecutor's office are working, although there was a strong debate regarding the expansion of administrative supervision, and the government highlighted risks of violating the separation of powers.
Aseesimees Jüri Ratas
AI Summary
The speech simply states that today is January 16th.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere's speech was merely an expression of thanks.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas said just one word in his speech: "Please."
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
The meeting decided to add the unfinished draft bill from October 11th to the agenda. Six members voted in favor: Anti Haugas, Eduard Odinets, Liisa Pakosta, Mati Raidma, Valdo Randpere, and Vilja Toomast. Kert Kingo and Varro Vooglaid voted against. Furthermore, Valdo Randpere was appointed as the representative of the lead committee by complete consensus.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas thanked the rapporteur, announced that there were questions, and invited Rene Kokk to pose them.
AI Summary
Rene Kokk points out that while there has been criticism and personal judgments, he disagrees with the assertion that the Ministry of Justice is incapable of organizing oversight; he stresses that the prosecutor's office and judges share a building, and this arrangement functions well in both Tallinn and Tartu. He then asks why this practice is considered poor practice in one context but acceptable in another, and whether the matter has been discussed by the commission.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere apologized for sharing his personal views, noting that he could have elaborated further, and warned against excessive political rhetoric, while simultaneously stressing that Estonia is not an Eastern dictatorship.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas called upon Rain Epler to pose a procedural question.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler asked Jüri if he knew whether Valdo Randpere was not allowed to speak or if he simply failed to get the floor, and if such incidents occur, he requested an explanation and statistics on how many MPs have been prevented from approaching the rostrum.
Aseesimees Jüri Ratas
AI Summary
The Board of the Riigikogu has not banned any member of the Riigikogu from coming to this podium.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal emphasized the need to respect court decisions, citing an example from a Supreme Court ruling regarding the creation of artificial evidence by the prosecution, and asked why criminal proceedings were not initiated against the prosecutor.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere thanks those present and notes that Rain Epler's concern will receive an answer. He adds that the session is long and Kalle Grünthal's case was not discussed in the committee, but the prosecutor's office's oversights have come to light thanks to the three-tiered court system, the press, and attentive members of the Riigikogu.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas invites Varro Vooglaid to speak.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid thanks the presiding officer of the session, invites the coalition members to participate in the debate and to justify their positions before the vote, and emphasizes the principle of the separation of powers. He then asks how the mechanism of oversight exercised over the prosecutor's office could be effective, even though this principle is already enshrined in law.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
He stated that oversight is in place, but the boundaries are invisible and indistinct. Furthermore, the Ministry of Justice does not interfere with the administration of justice, stressing the necessity of the separation of powers.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas called upon Kalle Grünthal to speak.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal emphasized that the prosecutor's office handles pre-trial and extrajudicial proceedings, not the administration of justice. He recalled the court ruling concerning the charge of creating artificial evidence and the sanctions provided for this under the Penal Code. He then asked what levers exist and who could apply them to move forward, and why this is not being done, given that the court decision contains a specific criticism that Kert Kingo highlighted in her draft bill.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere emphasized that the prosecution does not dispense justice, but rather participates in its administration, and should a representative of the prosecution commit a crime, the resulting proceedings are entirely separate from internal disciplinary oversight, meaning there is no need to amend the law.
Aseesimees Jüri Ratas
AI Summary
Anti Poolamets raises a procedural question.
Anti Poolamets
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Anti Poolamets voiced deep disappointment regarding Randpere’s absence from crucial discussions, remarking that he had expected his input on issues like Rail Baltica or the judicial system, but the chamber was empty and the political parties failed to utilize the opportunities presented.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas stresses that a point of order must be raised with him.
Anti Poolamets
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Anti Poolamets complains that even a seasoned MP doesn't know their rights and the 'yellow book' is missing. He calls on senior members to provide training, reminds everyone that during interpellations anyone can take the floor and the faction can deliver a speech, and laments today's deafening silence, pointing out that there are no faction speeches apart from those given by EKRE.
Aseesimees Jüri Ratas
AI Summary
Responding to a procedural question, Jüri Ratas said that at the beginning of the Riigikogu term, all people's representatives elected by the highest authority are invited to training, and no distinction is made.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere thanks the audience.
Aseesimees Jüri Ratas
AI Summary
Jüri Ratas declared the negotiations open and called the representative of the EKRE faction, Varro Vooglaid, to the podium.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
He is asking for three extra minutes, just in case.
Aseesimees Jüri Ratas
AI Summary
Deputy Chairman Jüri Ratas asks for eight minutes of time.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid thanks the presiding officer and his colleagues, offers a brief introductory remark, and notes that there is noise in the chamber, adding that it feels odd to speak while there is banging going on.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas said that they would proceed this way and the Chair would take a three-minute recess.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid thanks the audience and announces that it is intermission.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas declared the recess over and called upon Varro Vooglaid, the representative of the EKRE parliamentary group, to speak for eight minutes.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid emphasized that effective oversight of the Prosecutor’s Office must be in place due to the sheer scope of state power, and he highlighted examples of violations and a lack of accountability. He criticized the restrictions in the draft bill and called for a substantive discussion and for the bill to move forward, rather than being immediately scrapped.
Aseesimees Jüri Ratas
AI Summary
Deputy Speaker Jüri Ratas announced that the lead committee has proposed rejecting Draft Law 105 at the first reading, and he is commencing preparations for the vote.
Aseesimees Jüri Ratas
AI Summary
During the first reading of Bill 105, it was rejected with the result of 54 votes in favor, 15 against, and no abstentions; the consideration of the third item on the agenda is concluded, our session today is adjourned, and there are no further items on the agenda. Thank you.