Who is still behind the new corona law? Even before the bill has been submitted to the House of Representatives, the criticism is increasing.
With the amendment of the law, the government will be given permanent powers to take measures that restrict fundamental rights if corona flares up again, such as the distance rule, the mouth mask obligation, the closure of public places and the quarantine obligation.
Monday published the Advisory Board on Regulatory Pressure Review sent a letter earlier to Minister Ernst Kuipers (Public Health, D66), in which it advises against submitting the bill. The advisory body calls it “unwise” to lay down corona measures in law, without first evaluating which measures were previously effective.
The council, which advises the cabinet and the House of Representatives and Senate on legislative proposals, thus joins a growing group of critics. Earlier, the Dutch Association of Mayors, the Association of Dutch Municipalities and the Security Council showed themselves in a joint statement already critical. It stated that the law does not contribute to “robust” pandemic control, but that it seems to create more ambiguity. Health services GGD and GHOR also expressed strong criticism.
Previously, powers to take corona measures were laid down in a temporary law, but it was rejected by the Senate at the end of May. According to a spokesperson for Minister Kuipers, this is the reason that the cabinet had to hurry. In Fidelity he acknowledged that the cabinet would have preferred “more time” to prepare the law.
Read back: Senate does not agree with fifth extension of corona law
The ‘new corona law’ is an amendment to the Public Health Act (Wbg). The amendment to the law is currently with the Council of State; An opinion is expected at the end of this month.
unwise
The criticism, also at the levels of government where responsibility will soon lie, is twofold. On the one hand, procedural: mayors and aldermen would have liked to have been involved in the drafting of the amendment in advance.
There is also substantive criticism. Mayors and aldermen denounce the fact that corona, a temporary problem, is leading in the amendment of the law. This would not be in line with an earlier advice from the Council of State to better equip overall crisis management legally and constitutionally.
Liesbeth Spies, mayor of Alphen aan den Rijn and chairman of the Dutch Association of Mayors, finds the law “unwise and not clear”. She told the NOS on Monday that after the change, mayors will be responsible for fighting the pandemic, “without motivation being given”. According to her, this also clashes with another law, the Security Regions Act, which regulates that in acute crisis situations the responsibility lies with the chairman of the security region.
The GGD and GHOR also believe that the law leads to a lack of clarity. The rules for quarantine are not clearly enshrined in the amendment, according to the health services. For example, they do not find it clear what exactly is meant by quarantine.
Council of State to act
A spokesman for Minister Kuipers says that part of the criticism is ‘included’ in the amendment proposal. For example, it has been clarified that the chairman of the security region has the authority in acute scenarios, not the mayor. Other concerns, such as those of the Advisory Board on Regulatory Pressure and the GGD, are not met or dealt with at a later stage.
“We opened this law for consultation because we wanted comment,” said the minister’s spokesman. “It is now up to the Council of State to assess the law. He or she also checks whether the right considerations have been made in response to the consultation. After that, the law, perhaps in an adapted form, will go to the House.”
If the current criticism continues, the approval of the law by the Senate is by no means a certainty. The ruling parties do not have a majority in the Senate. Meanwhile, there is no legal basis for new corona measures if the infections increase again. This does not mean that Kuipers cannot take any corona measures at all, should the number of infections flare up again. He indicated that emergency regulations can be instituted by the security regions where necessary. Just like at the start of the corona crisis.
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