While the Ministry of Economic Affairs' equality policies department completed a draft of the Gender Equality and Equal Opportunities Act in May, the Ministry of Justice later commissioned a new version from private law firm Sorainen.

Those involved in the initial process were not informed and the Equal Treatment Network requested an explanation from Pakosta via an open letter.

The minister explained that the responsibility for merging the Gender Equality Act and the Equal Treatment Act was transferred to the Ministry of Justice and Digital Affairs in mid-August of this year.

Pakosta said the draft received extensive legal criticism and contradictory feedback during the coordination process.

"In light of the criticism, and to get a different legal view on the merging of laws and the transposition of the EU directive, the Ministry of Justice involved the private sector in the process," she wrote.

The minister said all stakeholders will be allowed to provide feedback on the new draft.

"I confirm that we are ready to cooperate fully with the relevant public authorities and advocacy organisations," Pakosta added.

According to Ministry of Justice public relations adviser Ann Mäekivi, the contract with the law firm Sorainen cost €16,000 plus VAT. Mäekivi told ERR the decision to commission the draft from Sorainen was also related to the ministry's heavy workload. As of mid-November 2024, the ministry was processing 155 draft laws and development plans, compared to an average of 110 in previous years.

Pakosta's previous collaboration with Sorainen

Pakosta has collaborated with Sorainen on drafting equality legislation before, during her tenure as the Gender Equality and Equal Treatment Commissioner from 2015 to 2022.

"The Office of the Equality Commissioner paid Sorainein law firm for the preparation of a draft amendment to the Equal Treatment Act and a sample draft of the Equality Act in 2018 and 2021," said current Commissioner Christian Veske.

Veske said the €15,000 invoice from 2018 included additional tasks, while the €10,281 invoice from 2021 was solely for drafting the Equality Act proposal.

Pakosta clarified that the Commissioner's Office worked on a previous draft of the Equality Act in 2021.

"This year, the Ministry of Social Affairs prepared a draft law amending the Equal Treatment Act and other related laws, which was being processed in the Riigikogu. As one of the amendments, Commissioner Liisa Pakosta submitted a text in which the two laws were combined. The Commissioner's Office commissioned this input from Sorainen," Mäekivi explained.

Mäekivi said this was not the final text of the draft law but rather a proposal intended to facilitate progress toward adopting a unified act.

"However, the draft submitted by the Ministry of Social Affairs was completely withdrawn from the Riigikogu proceedings due to the end of its term," she added.

The current draft Gender Equality and Equal Opportunities Act aims to consolidate the existing obligations to protect and promote equality into a single law, as the scope and level of detail in the current legislation vary.

The goal of the unified law is to promote gender equality and ensure equal treatment of individuals on a common basis.

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