Secretary of State Peterkop says that in the current security situation it is difficult to distinguish between civil and national defence crises. “The risk scenario has become much more complex and the sources of risks much more diverse,” he said. “The line between war and peace, and between one crisis and another, may turn out to be very blurred. We have seen how Russia and Belarus have deployed asymmetric means against their neighbours in parallel with Russia’s war in Ukraine in order to undermine democratic societies, whether it be through influence operations, energy dependence, politically directed migration or destabilising actions in cyberspace.” He added that dealing with crises in a number of different areas requires clear, logical legislation and a coordinated approach from a wide range of parties. “The COVID-19 pandemic highlighted the need for crises that have a major impact on society to be resolved at the government level, led by the prime minister,” he said. “The new act establishes a general basis for preparations for and the resolution of crises.”
Work on the new legislation, which was initially referred to as the Preparedness Act, began in April 2020. The draft version of what is now titled the Civil Crisis and National Defence Act covers preparations for and the coordinated management and resolution of crises situations, states of emergency, states of war and other more minor but still significant events.
The draft sets out a concept of crisis tasks to replace the existing national defence tasks and the list of emergencies to be resolved. One system will be enacted to prepare for both civil and national defence crises, with the government, agencies of the executive, providers of vital services and local governments drawing up their own crisis plans on the basis of national risk analysis. The circle of those charged with fulfilling crisis tasks will expand to include the Estonian Bar Association, the Health Insurance Fund, the Bank of Estonia, the Financial Inspectorate and the national broadcaster (ERR). The draft act also underscores the importance of being prepared for crises: all constitutional institutions, agencies and legal entities entrusted with crisis tasks by the act must be capable of fulfilling them at any moment and of ensuring their uninterrupted functioning in a crisis situation.
When the new act passes into law, the role played by both local governments and providers of vital services in resolving crises will increase. Supplying food, handling cash, operating ports and airfields and ensuring the functioning of security services, the supply of medications and the provision of air navigation and public railway services will all be added to the list of vital services. Whereas to date the Ministry of Social Affairs has only been charged with guaranteeing emergency assistance as a vital service, the draft act will extend this to include the functioning of healthcare services, among them those of family doctors in addition to ambulance services and hospitals forming part of the hospital network development plan. The retooling of vital services as crisis tasks will pave the way for their provision and restoration not only in the midst of civil crises, but also national defence crises, including at times of war.
Previously, the drafting of crisis plans and guaranteeing the provision of vital services (such as water, sewerage, district heating and the passability of local roads) was solely the responsibility of local governments with a population of at least 10,000. With the new legislation, this responsibility will be extended to all local governments. In accordance with the act, local governments must ensure the functioning of vital services, contribute to the organisation of evacuations, guarantee social services and the availability of childcare, pre-school and basic education, pay benefits and arrange for the local population to be kept informed in a crisis situation.
The draft act highlights the importance of the protection of the population, the definition of which it sets out. It also provides the Rescue Board with tools to organise shelters, evacuations and emergency warnings.
The new act is likely to come into effect in early 2024.
The draft version of the Civil Crisis and National Defence Act can be found online at https://eelnoud.valitsus.ee/main#In3wQs8T.
