Conflict of interest of States members in votes on nitrogen policy

At least eighteen members of parliament in nine provinces may have engaged in a conflict of interest since 2019 by voting on nitrogen motions. In most cases, they thereby violated provincial integrity rules. These politicians have a professional background in agriculture and were therefore not allowed to vote on provincial regulations and motions in which they had an interest, according to research by NRC

Also read the background story Members of parliament with agricultural interests vote on nitrogen policy

The States members are, for example, dairy farmers or arable farmers themselves, or they work for an animal feed producer. Eight of the eighteen agricultural States members also hold a paid or unpaid position at an interest group such as LTO, the most important trade association for farmers.

The provinces will have to implement the national nitrogen policy in the near future. The government wants nitrogen emissions to be 50 percent lower in 2030 than in 2019. For farmers, this means that their emissions must be reduced by 40 percent.

The government has instructed the provinces to indicate before 1 July 2023 how they intend to achieve this reduction. An important role is reserved for the Provincial Council, which will have to agree to the proposals that deputies come up with in their province.

Integrity Codes

Not only did members with an agricultural background vote in the Provincial Council. In a number of cases they also spoke on the subject and presented positions that they had previously discussed with an interest group such as LTO. Among other things, they submitted motions calling for not only to look at ‘theoretical models’, but also to leave ‘room for agriculture’, as happened in South Holland.

Most provinces prohibit members of the Provincial Council from voting on policies and motions in which they have a personal interest. For example, the integrity code in Drenthe prescribes: “A Member of Parliament may not use his influence and vote to safeguard a personal interest or the interest of another person or of an organization in which he has a personal involvement.”

That is why it is striking that Drenthe is the province with the most politicians who violate these rules: four. In Friesland there are three States members. Only Utrecht and Groningen have no members with a background in agriculture during this term of the Provincial Council. In Limburg, a farmer recently resigned as a member of parliament, in protest against the nitrogen plans. Sixteen of the eighteen members who do not act in line with the integrity rules are active for the VVD and CDA.

The Frisian Member of Parliament Anne Schelhaas (CDA) runs a dairy farm in the so-called peat meadow area, where, according to the cabinet plans, nitrogen emissions must be reduced by 47 percent. His company therefore falls under the buyout targets. Schelhaas says to NRC that he sees no obstacle in discussing and voting on how Friesland will implement the buy-out arrangement.

Integrity experts express their doubts about the position of the agricultural States members in the nitrogen debate. “This seems problematic to me,” says Michiel de Vries, professor of public administration at Radboud University Nijmegen. He points out that “it seems that someone has a double interest. You may wonder whether a Member of Parliament who is also a director at LTO should make such decisions.”

“When you see those integrity codes in general, I find it quite remarkable that this is possible,” says Arco Timmermans, professor of public affairs at Leiden University. He points to the codes of Utrecht, Drenthe and Friesland. “They are clear: you don’t vote if you have an interest.”

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