When performing their work, care providers may be punishable as a result of a amended asylum law. That is what the Council of State judges Friday. Outgoing minister David van Weel (asylum) will therefore adjust the law.
Criminalizing illegality was added to the so -called Asylum Measures Act after an amendment from the PVV, a package with measures that should make asylum policy in the Netherlands stricter. The House of Representatives accepted that law during a chaotic last meeting day for the summer recess. The condition was that the Council of State would consider that addition to the law.
Part of the room is concerned about one sentence in particular from the explanation of that PVV amendment. It states that “persons or organizations that illegally help aliens reside in the Netherlands are also punishable on the basis of Article 47 of the Criminal Code”.
A majority of the Chamber is for criminalizing illegality, but not for helping people who are staying in the Netherlands illegally. NSC and SGP, who gave the decisive voice for the asylum laws, had a hard time with the fact that “Mercy is punished”. This meant, for example, giving a bowl of soup to someone who stays illegally in the Netherlands, or the work that the Salvation Army does.
But the Council of State sees it as a realistic possibility that “providing assistance to someone who resides illegally in the Netherlands is a form of co -perpetration and complicity”. And so helping people who stay illegally in the Netherlands would be punishable. “Even with limited forms of help, such as giving a cup of soup, there can already be complicity.”
Van Weel is going to adjust law
The advice of the Council of State confirms the concerns that live in the Chamber and also in society. The highest advisory body comes at the same time with possible solutions to repair the law. For example, it is suggested to extract the criminalization of illegal stay from the law. If the Chamber wants to keep that part, it must better describe when someone is exactly punishable, so that care providers are not affected.
Outgoing Minister David van Weel (asylum) is now indeed going to adjust the law, he said Friday prior to the Council of Ministers. He wants to hold the criminalization in the law, but a so -called short story must ensure that the help to these people is not punishable.
That is also necessary, Van Weel wants to be able to guide the law through the Senate. The House of Representatives has already agreed, but the Senate can still stop the law and there is a good chance that this will happen to this law. SGP has agreed to the law in the Lower House, but on condition that that help would not become punishable. Now that that is the case, the party in the Senate does not want to agree to the law. But without the SGP on board it will be very difficult to get another majority.
The Council of State still notes that this is a different course of events than usual. Normally, the Council of State is asked for advice before the House of Representatives agrees with a law or amendment. The fact that questions were only asked after the Chamber had agreed to the law, “illustrates that these questions have received insufficient attention and that the legislative process prior to the vote on the amendment has been careless”.
Aid Workers May Be Committing Criminal Offenses In The Course of Their Work AS A Result of Amended Asylum Law. The Council of State PRACTH ON Friday. Outgoing Minister David van Weel (Asylum) Will Therefore Amend The Law.
The Criminalization of Illegal Stay was added after an amendment by the PVV to the so-called asylum emergency Measures Law, A Package of Measures Designed to Make Asylum Policy in the Netherlands Stricter. The House of Representatives Adopted That Law Duration A Chaotic Final Day of Meetings Before the Summer Recess. A condition was that the Council of State would Consider That Addition to the Law.
Part of the House is Concerned about One sentence in particular from the Explanatory Memorandum to that PVV Amendment. It States that “Persons or Organizations That Help Foreigners Staying Illegally In The Netherlands to Go Into Hiding Are Also also Punishable Under article 47 of the Criminal Code”.
A majority of the house is in favor of crimalizing illegal stay, but not for helping people staying illegally in the Netherlands. NSC and SGP, which cast the deciding vote for the asylum laws, had great difficulty with the fact that “mercy is then punished”. The parties were referring, for example, to giving a bowl of soup to some who is staying illegally in the Netherlands, or the work that the salvation army does.
But the Council of State Does see it as a real possibility that “providing assistance to some who is staying illegally in the Netherlands is a form of complicity and aiding and abetting”. And so helping people staying illegally in the Netherlands would be punishable. “Just with limited forms of assistance, such as giving a cup of soup, there may already be complicity.”
Van Weel Will Amend The Law
The Advice from the Council of State Confirms The Concerns That Exist In The House and also in Society. At the same time, The Highest Advisory Body Comes Up With Possible Solutions to Repair The Law. For example, it is suggested to remove the criminalization of illegal stay from the law altogether. If the house does because to retain that part, it must better describe when someone is precisely punishable, so that aid workers are not affected.
Outgoing Minister David Van Weel (Asylum) Will Now Indeed the Law, He Said on Friday Prior to the Council of Ministers. He does because to keep the criminalization in the law, but a so-called novella shouldlld ensure that assistance to these people is not punishable.
That is also necessary if from some wags to steer the law through the senate. The house of representatives has already approved it, but the senate can still block the law and there is a good chance that this will happen with this law. SGP Did Approve the Law in the House of Representatives, But On The Condition That That Assistance would not be Punishable. Now that this is the case, the party in the senate does not want to approach the law. But without the sgp on board, it will be very diffress to get a majority.
The Council of State also notes that this is a different course of events than usual. Normally, The Council of State is Asked for Advice Before the House of Representatives Approves A Law or Amendment. The fact that questions were only asked now after the house had approved the law “illustrates that these questions have not received sufficient attention and that the legislative process prior to the vote on the amendment has careless.”