Formality or hard power politics? This will have to become apparent this Saturday when the intended ministers of the fourth Rutte cabinet meet for the first time together at the so-called ‘constituent deliberation’. The agreements on the division of tasks between the twenty ministers and nine state secretaries are then officially established. Apparently a formality, because this was of course discussed extensively during the formation negotiations between the political leaders and later during the talks between formateur Rutte and the candidate ministers. But the history of Dutch cabinet formations shows that just before they are sworn in by the head of state, one of the candidate ministers can suddenly raise an objection. Such an apotheosis would be completely in line with the current lengthy cabinet formation full of surprises, but it is probably not. A first indication of this is that no so-called ‘preconstitutive’ deliberations are foreseen. In other words: a meeting before the actual constituent meeting. Such a meeting usually does not bode well for mutual relations.
super minister
It happened in 1981 when a pre-constituent deliberation was necessary to clarify exactly what was to be understood by the ‘Employment’ Ministry of Social Affairs, which PvdA leader Joop den Uyl would lead. The fact that former Prime Minister Den Uyl – still dreaming of his return as Prime Minister – had been labeled a ‘super minister’ in the press had aroused extra suspicion among the CDA party members of the intended Prime Minister Dries van Agt. During that pre-constituent meeting, the procedural agreements made during the formation on the high-explosive cruise missile theme were also reaffirmed. Distrust at its best. The cabinet led by Van Agt with Den Uyl as deputy prime minister was therefore no longer than nine months.
In 1973, after the difficult and lengthy formation of the Den Uyl cabinet, there was already talk of a pre-constituent deliberation. The sixteen ministers who had been invited but not yet sworn in by Queen Juliana spent a total of eight hours together. In order to finally agree on the conclusion that both the party program of the Social Democrats and that of the Christian Democrats could form the ‘base’ of future cabinet policy.
But no extra bumps now; the candidate ministers go directly, without pre, to the constituent deliberations. Incidentally, not to be confused with the inaugural meeting of the cabinet that will be held on Monday after the official swearing in. The constituent deliberations take place under the leadership of formateur Rutte. The inaugural meeting is chaired by Prime Minister Rutte.
Mortgage interest deduction
The constituent deliberations have something of a ‘last chance meeting’. Everything that has not been agreed in detail in the coalition agreement can still possibly be brought in. Often it is not about major political issues, but about matters that are important to the official bureaucracy, such as the departmental management of certain subjects.
Intended Finance Minister Onno Ruding (CDA), on the other hand, managed to make a really big deal in 1982 during the constituent deliberations. In his memoirs published last year, he even devotes a separate chapter to it. Ruding, who comes from the Amro bank, was not satisfied with slippery Hague texts about reducing the financing deficit as stated in the coalition agreement of the forthcoming Lubbers cabinet. He demanded no “target numbers” or “agreements in principle” but “binding political agreements” with a timetable for how the deficit would be reduced each year. In addition, he also managed to arrange that under no circumstances would the mortgage interest deduction be tinkered with. Ruding got his way.
Such drastic additions to the coalition agreement are not expected now. Apart from the endorsement of the government programme, the most important topic in the constituent deliberations will be the exact division of tasks between the ministers. There has been quite a bit of confusion with the tasks of ministers. Never before have there been so many: 20. There will soon be a Minister for Climate and Energy (Rob Jetten, D66) and a Minister for Nature and Nitrogen (Christianne van der Wal, VVD). What falls under who? It seems like a recipe for competency. In any case, it helps that both ministers have billions of funds at their disposal to tackle the problems.
The ‘Anas’
Traditionally, the determination of the duties between ministers and their state secretaries is also part of the constituent deliberations. Does the KNMI come under the responsibility of the Minister of Infrastructure and Water Management, or the State Secretary? That sort of thing. The anecdote that crops up time and again is the one from 2007 about intended minister Camiel Eurlings (Transport and Water Management, CDA) and his requested State Secretary Tineke Huizinga (ChristenUnie). When the portfolio was divided, Eurlings said in his Limburger accent that he would do the ‘Anas’. Huizinga, who had absolutely no idea what Eurlings was talking about but didn’t want to reveal it, agreed. Later she understood that she had given away the Dutch Railways (NS).
“It is juicy gossip that has haunted me for years now,” said Huizinga in 2017. “This story makes absolutely no sense.” She suspects that it was brought into the world by CDA members when she became State Secretary. The facts prove Huizinga right: state secretaries are not allowed to attend the constituent deliberations at all.
Correction 8-1-2022: An earlier version stated that Onno Ruding came from the ABN bank, which must be the AMRO bank and has been adjusted above.
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