In recent weeks, State Secretary Eric van der Burg (Asylum and Migration, VVD) has often been a bit grumpy when he had to speak to journalists about the dispersion law, which should help solve the asylum crisis. He missed deadline after deadline, because his own VVD continued to oppose it. On Tuesday evening, Van der Burg was again his familiar, cheerful self: beaming, he presented the bill to journalists at the Ministry of Justice and Security. Mark Rutte, as party leader, had managed to convince the VVD faction to accept the law that day.
In recent months, the dispersal law has always been interpreted simply: a law that must ensure that municipalities can be forced to receive a certain number of asylum seekers. But the final bill contains many steps and also ‘distribution keys’, calculations, and financial incentives.
Also read: Why did the VVD put its heels in the sand right now? Four questions about the asylum law
2,500 euros per extra shelter place
First, next February, a first distribution key will be made based on the expected number of required reception places. This prescribes how many asylum seekers municipalities must receive. They then have three months to do so voluntarily. If a municipality makes more shelters available than is required according to the allocation key, it will receive 2,500 euros per extra shelter. The condition for receiving these ‘gifts’ is that the municipality sets up more than a hundred extra reception places in one reception center for a period of at least five years. She does not necessarily have to spend the money on the asylum reception.
If after three months there are still not enough reception places, the provinces and municipalities must create a new allocation formula for the remaining number of reception places required. They must report to the Secretary of State within two months. If the latter considers the distribution key to be ‘conclusive and balanced’, it adopts the decision. Otherwise, he creates a new distribution key.
It is still unclear what will happen if municipalities still refuse to receive asylum seekers. A spokesperson for Van der Burg says that in that case the State Secretary “takes over the task of the municipality”. The spokesperson cannot yet say what that looks like in practice. Last summer, Van der Burg received a lot of criticism when he wanted to force the municipality of Tubbergen to receive asylum seekers by taking over the permit granted by the municipality. As a result, he was able to change the zoning plan for a hotel in the village of Albergen, which the Central Agency for the Reception of Asylum Seekers (COA) wanted to turn into an asylum shelter.
Also read: Azc signs in the front yards split Albergen in two
‘Stick behind the door’
Jan van Zanen (VVD), chairman of the Association of Dutch Municipalities (VNG) and mayor of The Hague, also sees ambiguities in the proposal. Similarly, he wonders whether there is a “big behind the door” and “how hard” that stick is. And how strict the time limits are in the law. “I also think it is important that the law is enforceable. But we will have a closer look at that.”
“In any case, we think it’s good that there is finally a breakthrough,” says Van Zanen. “It is important that all municipalities contribute proportionally. Preferably on a voluntary basis, otherwise a little push is needed.” Van Zanen thinks that as mayor of The Hague he will not need that push. His spokesperson said that the city currently provides 550 asylum seekers with a (crisis) emergency shelter.
Roosendaal was on a COA list earlier this year with municipalities that have not received asylum seekers for years. The municipality still does not receive asylum seekers, but has been in talks with COA for “a very long time” about a possible reception location, says Mayor Han van Midden (VVD). He previously pleaded NRC for small-scale reception centres, which, according to him, COA would not be interested in. He hardly wants to comment on the law, because it is a “political decision”.
Spreading law provides extra motivation
Alex van Hedel mayor of Brummen
Van Midden does say that when ‘spreading out’ reception places, the socio-economic capacity of municipalities and small-scale reception should be carefully considered. He still misses those aspects in the discussion. Take, for example, that condition of more than a hundred spots for getting a cash bonus. “A hundred places is really a lot for a village of, for example, four hundred people.”
Alex van Hedel (VVD) is mayor of Brummen and thus of a number of small villages. He is happy with the law of dispersion. “We have all seen the degrading situation in Ter Apel. As mayors, we have to put our shoulders to the wheel.” Brummen does not yet receive asylum seekers, but Van Hedel says he would like to. “And the scattering law provides extra motivation for that.” The bill is open for internet consultation until 21 November. It then goes to the Council of State for advice. Next year, a total of about 55,000 reception places will be needed. There are now about 15,000 permanent reception places.
A version of this article also appeared in the newspaper of November 10, 2022