Asylum minister broke rules by not consulting inspectors on laws

Asylum minister Marjolein Faber. Photo: ANP/Robin Utrecht

Asylum minister Marjolein Faber failed to consult the justice ministry’s inspectorate when drafting her plans for the “strictest asylum policy” ever, ignoring rules that explicitly required her to do so.

Inspectors wrote to the minister in December reminding her of her obligations, but received no reply, Trouw newspaper reported on Monday.

“The inspectorate is being given the impression that contacting supervisory bodies in advance is optional. This is not the case,” the letter said.

The PVV minister’s plans were heavily criticised by other statutory advisers, including the Council of State, which warned they were inefficient and would put agencies such as the immigration service (IND) under strain.

But despite their reservations, the cabinet endorsed the plans, which include measures to scrap permanent residency status for refugees, restrict family reunifications and create a two-tier asylum system, earlier in March.

Faber’s failure to submit her draft proposals to the inspectorate is a breach of the regulations that require her to consult all branches of government that will be affected by the legislation, but one that will have no immediate consequences.

However, the inspectors warned that not consulting them meant there was a risk that the potential effects of her policies had not been properly considered, which could have negative and damaging consequences.

The coalition agreement that the four parties in government, including the PVV, signed in July includes a law that would strengthen the legal requirement for ministers to consult inspectorates at an early stage of drafting legislation.

A spokesman for the asylum ministry told Trouw that “parties directly affected by these proposals or whose tasks are affected by these proposals” had been consulted during the process of drafting Faber’s two bills to reform the asylum system.

 

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