The fifth and sixth extensions of the corona law are under fire in parliament, but the cabinet is already counting on a possible seventh extension. Even after 1 September, this law may continue to be necessary to take virus measures. A hard clash looms in the Senate.
The corona virus seems to be a plague of bygone times, but with the temporary law on corona measures, the cabinet still has a legal framework to enforce distance, just like the corona admission ticket and the mask obligation. With this law in effect, measures can be announced at lightning speed if corona unexpectedly flares up again.
But the periodic extension of the law is on the line in the Senate, after earlier criticism from the Council of State, among others. The majority of the parties demanded that the temporary law should be as short as possible and that it should contain only a few basic instruments. Groups also want a rapid adjustment of the permanent Public Health Act, which must then be able to last for years.
In spite of this broad wish, Minister of Health Ernst Kuipers (D66) reports that making a structural ‘pandemic proof’ law takes more time. The minister is counting on being able to share the proposal for a first amendment to this structural law with parliament just before September. But then it will take weeks before it is discussed and implemented. As a result, temporary legislation will probably still be necessary even after 1 September, Kuipers stated in his letter to the House of Representatives. De facto that means a seventh extension.
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“That could be,” confirms his spokesman. “Enforcing the law does not mean that the measures apply. But this is a very erratic virus, keeping a toolbox is wise. Of course we want a thorough amendment of the public health law, but that takes time.”
collision course
For example, Kuipers threatens to be on a collision course with the Senate, which is debating the temporary corona law in mid-May. The resistance has been fierce in the Senate for some time: a majority previously voted in favor of the motion instructing the cabinet to strip the law further. Partly for this reason, Kuipers scrapped the digital corona pass from the law, but there is still more left in the toolbox than the Senate wants.
In fact, the Senate only accepted rules on distance, face masks and hygiene, but Kuipers also prefers to keep the ventilation standard and other – somewhat lighter restrictions – in the law: ‘Extension of a number of provisions is justified so that measures can be taken again with the necessary speed. can be,” the minister writes.
Article continues after the video in which Kuipers told weeks ago why he wants to keep the corona law.
leg stiff
There seems to be a real chance that Kuipers will soon be without a legal basis, if a Senate majority holds its ground and votes against. Kuipers’ party colleague Peter van der Voort reports that the D66 faction in the Senate is “still considering” the issue. “The move that the minister is making is in the right direction, the question is whether it is enough. We still have many questions, which will be addressed in the debate in May.”
Previously, PvdA senator Jeroen Recourt already suggested that completely rejecting the temporary law is also an option: “Then no more legal measures. Then the cabinet should only come up with an emergency law if the need is urgent. That can also be done quickly, that has been proven before.”
That is also the view of GroenLinks Member of Parliament Lisa Westerveld. Her group recently voted against the fifth extension in the House of Representatives – it only narrowly obtained a majority with the coalition support of VVD, D66, CDA and ChristenUnie.
“This concerns legislation that can seriously infringe fundamental rights, you have to handle it very carefully. The fact that a seventh extension may be necessary is disappointing, we have been asking for an amendment to the Public Health Act since the first round. If that happens in September, we will be 2.5 years further.”
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