Minister of Health Ernst Kuipers (D66) is open to building an ‘extra slot’ into the new ‘corona law’. He said this on Monday in a debate in the House of Representatives. In fact, it concerns an amendment to the Public Health Act (Wpg), so that the cabinet is given permanent powers to take fundamental rights-restricting measures in the event of future pandemics. The proposal for the extra slot came from GroenLinks and PvdA. They want the cabinet to ask parliament for approval every eight weeks for measures that severely restrict citizens’ freedoms.
The House of Representatives still has to vote on the proposal. Kuipers therefore pointed out some advantages and disadvantages of its introduction. According to the minister, it increases the say of both Chambers, but it is possible that the Chambers do not agree with each other. It can also affect the ‘power of the board’. “The distinction between light and heavy powers or measures can be arbitrary and situation-dependent.”
If the proposal from GroenLinks and PvdA is adopted, it may provide sufficient support for Kuipers’ amendment to the law. He is diligently looking for that support, because in the House of Representatives there is a lot of criticism of the Wpg as it currently stands. Moreover, the cabinet currently has no legal framework for taking any new corona measures. During the corona crisis, these measures were laid down in the Temporary Covid-19 Measures Act. It was extended every three months pending a permanent law, but last May the Senate rejected the fifth extension. There would no longer be a need for it and the Wpg would be on its way, the arguments were.