Senior officials of local governments will have to receive a special permit for access to official secret. This is foreseen by the amendments to the Law "On Official Secret" and changes to the Local Government Law supported in the final reading by the Saeima on Thursday, 21 March. Changes in laws have been initiated by the President of Latvia.
Not only in times of threat or crisis, but also in everyday life effective capacity of municipalities to react and act is very important. The Defence Committee shares the opinion of the President of Latvia that in today’s geopolitical circumstances it is not permissible that senior local government officials whose duties include performing governmental and socially important duties may not meet the requirements laid down in the law in order to receive a special permit for access to official secret or would not be able to operate with classified information, emphasises Raimonds Bergmanis, Chair of the Defence, Internal Affairs and Corruption Prevention Committee responsible for the progress of draft laws in the Saeima.
A special permit for access to official secrets will be required by the Chair of the Municipal Council and his/her deputy after the local government elections of 2025. If by this time new council elections are held in a local government, the chair of the newly elected council and his or her deputy will also have to obtain this permission.
The obligation to receive a special permit for access to official secrets will also apply to the executive director of the local government and his or her deputy. If it is not obtained, the person will be released from that position.
The local government will have to send a request to the relevant state security institution regarding granting of a special permit to the chair of the council and his or her deputy not later than within one month after the election to the office, but to the executive director and his or her deputy – not later than within one month after appointment to the position. In the case of the executive director or his or her deputy, who holds the post on 1 June 2024 – no later than one month from that date.
If, for example, the head of the council or his or her deputies do not receive this permit, it will be for the council to decide if such elected officials may continue their work, previously emphasised the advisors to the President. In such a situation, decision will be made as a part of the political process, but in case of indecisiveness of the local government council, the Minister for Environmental Protection and Regional Development may also take a decision, members of the Committee previously explained.
The authors of the draft law have also indicated that obtaining special permits will significantly improve cooperation between the state and local governments, as well as guarantee that the state can share protected information.
Amendments to the law “On Official Secret” will come into force on the day after promulgation, but changes to the Local Governments Law on 1 June this year.
Saeima Press Service