The most important link was missing during the intensive consultations that the energy sector had in recent weeks with the Ministry of Economic Affairs and Climate (EZK) about a price ceiling. Due to the lobbying ban, Cora van Nieuwenhuizen, chairman of the sector organization Energie-Nederland, was not allowed to join. The energy suppliers were represented by the director of EN and vice-chairmen.
It is the third time that Van Nieuwenhuizen has come across the lobbying ban, which prescribes that employees of a ministry are not allowed to have contact with a former minister during a ‘cooling off period’ of two years. In February Rob Jetten, who had just taken office as D66 minister for Climate and Energy, therefore refused an introductory meeting with her. A month later it turned out that the former VVD minister is also not welcome at the talks about the Climate Agreement.
Van Nieuwenhuizen caused excitement in the summer of last year by suddenly resigning as Minister of Infrastructure and Water Management (I and W) and joining Energie-Nederland as a lobbyist. Until shortly before her departure, Prime Minister Rutte saw no harm in the switch, but after the fuss – even in her own VVD there was criticism of the switch – back on his steps.
The lobbying ban would also apply to Van Nieuwenhuizen, which means that civil servants from Infrastructure and Water Management are not allowed to maintain contact with her for two years. Because Van Nieuwenhuizen replaced Eric Wiebes as Minister of Economic Affairs for five days, that ministry also fell under its lobbying ban.
‘Watering the plants and walking the dog’
The Ministry of Economic Affairs and Climate says that it wants to strictly comply with the lobbying ban and that it has informed Van Nieuwenhuizen at an early stage about the consequences of this. It was clear to everyone that it had to be this way, says a spokesperson.
That raises the question of what Van Nieuwenhuizen does for her salary, says Arco Timmermans, professor of public affairs at Leiden University. ‘There is a big gray zone between physically walking into a ministry and having no contact at all. She will be somewhere in that area.’ The answer to this is decisive for Timmermans in determining whether the two-year cooling-off period in the lobbying ban really means something. ‘I am curious how she can fulfill her role under these circumstances.’
That is exactly the question that MP Martin Bosma (PVV) asked in a committee meeting on 19 September, in which an initiative memorandum by Pieter Omtzigt (independent) and Laurens Dassen (Volt) on improving integrity was discussed. Bosma wanted to know from Minister Hanke Bruins-Slot of the Interior whether Van Nieuwenhuizen had maintained other contacts with ministers in the past year.
Bruins-Slot could not answer that. She did indicate, however, that she was working on legislation that would restrict the follow-up positions of former ministers. In this, the lobbying ban is extended to adjacent positions, former ministers are not allowed to work for their former ministry for two years, and a binding advice must be requested from an independent committee for a switch.
Awkward
Energie-Nederland calls it ‘of course inconvenient’ that chairman Van Nieuwenhuizen is not welcome at meetings organized by the Ministry of Economic Affairs and Climate. Energie-Nederland does not know whether this has led to a ban in addition to the introductory meeting with Jetten, the Climate Agreement and the price ceiling.
“We do not keep an archive of that,” says a spokesperson, who states that there is still plenty of other work left for the chairman. ‘There are many other meetings in which Cora van Nieuwenhuizen participates as chairman and many contacts that she maintains. For example with the sector and within the Association. She is involved in all of the Association’s projects.’
In the talk show On 1 actor Huub Stapel recently accused the former minister that as a lobbyist she receives 2.5 tons for two days of work. According to Energie-Nederland, Van Nieuwenhuizen is employed for three days, ‘but she works more if it is necessary due to pressure.’ The industry club does not make any announcements about the salary for privacy reasons.
Other former ministers also made a switch within their own sector. This applies, among others, to Stientje van Veldhoven, former State Secretary for Infrastructure and Water Management, who resigned early and left for the World Resources Institute (an international NGO for sustainability). It is not known whether the lobbying ban now also restricts other former ministers in their activities. The Ministry of the Interior (BZK), under which the integrity policy falls, has no data on this; there, enforcement is considered a matter for each ministry individually.