Health minister Hugo de Jonge has said that the introduction of the 2G system, which restricts access to places to people who have either been vaccinated or recently recovered from coronavirus, is needed to limit the lockdown.

De Jonge told reporters on Wednesday that he will press ahead with legislation making the measure an option, as some of the Netherlands neighbouring countries have done. The new legislation should have been introduced earlier this month but was delayed because of the lack of support in parliament.

The minister’s comments follow the publication of comments by the Council for the Judiciary, which advises the government on the legal implications of new legislation.

The council is highly critical of plans to allow companies to ask staff to show that they have either been vaccinated or recently recovered from coronavirus.

It is, the council said, ‘unclear when the actual epidemiological situation and social conditions would create the need’ to expand the use of the coronavirus pass.

In addition, the council said it is not clear when the need to use the measures would end. The draft legislation included a review every three months but the council said it missed an end target. ‘When is the epidemiological situation such that such limits to basic rights are no longer proportional?’ the council said.

Redundant

The legal impact on employees is also unclear, the council said. It is not clear if people could be sacked for not having a coronavirus pass or if employers could be required to pay people even if they could not work because they do not have such a pass.

The council recommended that ministers look into these aspects of the legislation in more detail.

Delay

Critics argue that a shift to 2G would further exacerbate divisions between people who have been vaccinated and the 1.5 million who have not.

MPs are due to debate the 2G and 3G proposals after the Christmas break.