The Council of State concluded on Friday that a bill intended to criminalize illegal foreigners, can also become care providers and volunteers. Politics is the law on loose screws, so the cabinet takes action. Five questions about the law.
1
What would the law mean for care providers?
In July, the House of Representatives adopted the Asylum Measures Act, which makes, among other things, more difficult and offers asylum seekers less the opportunity to appeal. The PVV submitted an amendment to illegality. That was assumed. Later it turned out that also care providers and volunteers who help illegal immigrants may be punishable. Social and government organizations reacted shocked.
The Council of State confirms on Friday: “Even with limited forms of help, such as giving a cup of soup, there may already be complicity.” That was the fear of the Christian parties in particular. This advice seemed excluded a majority for the law in the Senate.
2
Can the law be amended?
The House of Representatives has adopted the law, including amendment of the PVV. It is now up to the Senate to deal with the law, and it cannot adjust the law.
The law is very important for VVD and BBB’s hull cabinet. Prior to the Council of Ministers on Friday, outgoing Minister of Justice David van Weel (VVD) announced that he is working on a shortcut: a so -called novella. That is a law adjustment, after which the House of Representatives has to vote again. Then the Senate is on.
The novella is intended to please the confessional parties, but Van Weel could not say what exactly appears on Friday. In any case, he wants to maintain a criminalization of illegality, although that was not in the original bill. An option is to weaken the provision about criminalization by making illegality a violation. Then care providers would not be punishable. The minister can also explicitly state in the law that assistance is not punishable, on humanitarian grounds.
3
What preceded the advice of the Council of State?
Criminalization of illegality has been a wish of right -wing parties in the Chamber for years.
When the House of Representatives dealt with the asylum measurement measures law of former Minister of Asylum and Migration Marjolein Faber (PVV) in July, the PVV submitted an amendment to make illegality punishable. In the always chaotic week before the summer recess, the proposal achieved a majority. For the PVV – who had left the cabinet a month earlier – the amendment was the decisive reason to vote before its own asylum laws.
But due to the amendment of the PVV and the possible consequences for care providers, the Christian parties in particular started to doubt. From church organizations, support is often offered to people without papers. CDA party leader Henri Bontenbal wanted to agree to the asylum measures law, but withdrew his support because of the amendment.
The SGP doubted, but eventually voted before, provided that the Council of State would consider the bill. An unusual figure, because apparently the SGP actually did not know exactly what the law she supported. NSC also agreed, despite that uncertainty.
4
Can the law still count on a majority?
Minister Van Weel must get the law with novella again by the House of Representatives. The question is in particular what the PVV will do, it is good that party leader Geert Wilders finds the law too weak if it is adjusted. Then there may be no majority for it.
The SGP one adjustment, writes Member of Parliament Diederik van Dijk: “Precisely because we think charity is important, we cannot accept that this may be punishable.” The CDA sees an opening through the short story. The party can agree if the law is “adequately repaired,” Henri Bontenbal said on Friday afternoon at Radio Program Sven on 1. Without SGP and CDA, a first chamber majority seems virtually impossible.
5
What does this mean for the campaign?
It seemed that the Senate would vote in the middle of the campaign about the asylum measures law. For example, that could be sensitive to the CDA: that party does not want to look soft on asylum.
Now that Minister Van Weel is going to draw up a short story, it is not clear whether the vote on the law will play a role in the campaign. “It is possible very quickly,” says Van Weel, “within weeks.” Whether that is on time to let the House of Representatives vote, let alone the Senate, is not certain.