Marjan Hammersma, the secretary-general of the Ministry of Education, Culture and Science, made mistakes in a conversation she had in 2020 with a whistleblower who wanted to report possible abuses to the public broadcaster. That according to an investigation by the State Audit Service (ADR). The top official has “not been transparent in reporting her friendly relationship” with former NPO boss Shula Rijxman, said Minister Robbert Dijkgraaf (Second and Higher Education, D66) on Tuesday after the report was published. This has created the appearance of a conflict of interest, he concludes.
During the conversation in 2020, the whistleblower wanted to report salary constructions at the NPO that would be in conflict with stricter regulations. At the time, however, the reporter was not aware of the friendship between Rijxman and Hammersma, and Hammersma failed to mention that friendship during the conversation. The lack of transparency about this, after he found out a year and a half later that the friendship existed, “led to an unsafe feeling”, according to Dijkgraaf. Such a situation should ‘not happen again’.
In addition, Dijkgraaf calls it an “incorrect assessment” that Hammersma did not bring a note-taker to the meeting. The Director of Legislation and Legal Affairs at the Ministry had advised on this. It remains unclear why the conversation was not recorded. However, due to corona complications, there were five months between the initial appointment and that advice and the actual conversation. Hammersma did not have a direct working relationship with Rijxman in 2020, as she did not deal with the Media portfolio at the ministry. The then minister Arie Slob (Primary Education and Media, ChristenUnie) did think Hammersma’s long track record and affinity with the media sector testify that the reporter was taken seriously.
Acted in good faith
Hammersma makes in conversation records in the ADR report not feel itself to have created the appearance of a conflict of interest. She states that in her work for several ministries, she had to separate work and private life when handling confidential information. “I didn’t think about it for a moment, because it was so clear to me that I keep work and private life separate.”
According to the ministry, there have been “intensive talks” with Hammersma, but Dijkgraaf believes that she acted in good faith. “She regrets the decisions she has made.”
The issue arose when investigative journalists Mark Koster and Ton F. van Dijk shared their knowledge with each other for their BNR podcast. Koster had for Follow the Money already described the close bond between Hammersma and Rijxman and knew about a joint hotel stay in Dokkum in August 2021. Van Dijk, in turn, knew that an NPO whistleblower had been interviewed at Hammersma after he had been introduced to the ministry via two MPs. . The whistleblower informed Van Dijk that he had heard nothing more after that.
The information about salary constructions at the NPO would partly have been ‘precipitated’ in answers to parliamentary questions in autumn 2020, presumably about a Court of Audit report on the NPO. The reporter has received feedback about this, according to the ADR report, which, according to Hammersma, cannot be used to maintain that the reporter never heard anything again after the conversation. The reporter did not want to cooperate with the investigation of the ADR, so that side of the matter could not be described.
In accordance with the law
In conversation with the ADR investigators, Slob recalls that there was no report of anything illegal. It would concern constructions that “were possible in accordance with the law, but which were perhaps not desirable for politics or the sector”. Hammersma makes no statements in the report about the content of the conversation, because of the confidentiality that she had agreed.
In addition to this completed ADR investigation, there is still an investigation to “processes at the NPO and national public broadcasters to prevent (the appearance of) a conflict of interest”, which is carried out by the Media Authority. The reason for this was Rijxman’s friendships during her more than five years as chairman of the Board of Directors. The then State Secretary Sander Dekker (VVD), then responsible for the Media portfolio and therefore the financing of the NPO, also appeared to have traveled with her.
Rijxman, currently alderman (Education, D66) in Amsterdam, stated that the chairman of the Supervisory Board, Tjibbe Joustra, was aware of her friendship with Hammersma. Her successor Frederieke Leeflang judged that with regard to private contact with Dekker and Hammersma it would have been ‘wise’ if Rijxman had sought advice from the compliance officer of the NPO, who advises on integrity issues.