What does NRC | think? New distribution law finally offers Ter Apel the prospect of solidarity

If the Senate adopts the dispersal law next week, which is likely after the remarkable turnaround of the VVD, a symbolic step forward will have been taken. The current unacceptable administrative situation will then be broken. The asylum reception crisis was passed on to the municipality of Ter Apel and Budel. And in places like Stadskanaal and Kijkduin that provide voluntary assistance. And to a State Secretary who, as a state beggar, was allowed to ask municipalities for a ‘voluntary contribution’. There is now the prospect of a mandatory distribution across all municipalities. This could bring progressive insight to municipalities that are currently refusing.

Until the end of the debate, it was uncertain whether there would be a majority in the Senate for this law, which the VVD had declared itself against before and after the fall of the cabinet. Party leader Yesilgöz even tried with PVV, NSC and BBB to persuade the Senate to postpone the treatment. Which put severe pressure on relations within the coalition and with the cabinet. And the position of State Secretary Van der Burg (VVD, migration) made this virtually impossible. However, he achieved revenge at the last minute by convincing the VVD in the Senate of ‘his’ distribution law. Which inevitably resulted in a loss of face for Yesilgöz as party leader – her party appears to be divided to the core. Her position in the negotiations with PVV, NSC and BBB has not been strengthened, to put it mildly. In office, but not in power on X already established by the ‘Hague insider’.

Van der Burg has proven to be a major political pusher. Also in his crusade to encourage solidarity in the municipality of the Netherlands. That an administrative crisis was brewing there was already evident from the summary proceedings that were previously filed on behalf of Ter Apel against the Central Agency for the Reception of Asylum Seekers. That was a cry for help to force COA to no longer overburden the municipality. Governments that call the courts for help about the consequences of each other’s policies – it is a bad sign. And unheard of.

In retrospect, it is remarkable that the Senate declared the dispersal law non-controversial. Rarely has an ‘ongoing matter’ that an outgoing cabinet is allowed to deal with have proven to be so politically explosive.

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Mayor Jaap Velema (D66) in June 2022 at the registration center in Ter Apel.” class=”dmt-article-suggestion__image” src=”https://images.nrc.nl/8Rvv-WL3LCW5U4NU3nJA5LUjbYM=/160×96/smart/filters:no_upscale()/s3/static.nrc.nl/bvhw/files/2023/07/data103042175-252e41.jpg”/>

The further question is whether this distribution law will make any difference. The parties that are now considering a coalition are in majority against such a law. Which means there is a chance that a right-wing cabinet will repeal that law when it takes office. That would require political acrobatics from the VVD – to change its position for a third time?

The irony is that something like this could be defended substantively. After all, the Council of State actually rejected the distribution law last year. The law received the second most severe dictum: do not submit, unless thoroughly modified. The law is cumbersome and insufficiently effective. Back to the drawing board and then come back with something simpler. For example, something similar to the housing of status holders, where the State Secretary has his own role. And not a complicated mixture of first voluntary and then mandatory cooperation, with a bonus for those who put in extra effort.

Politically, the majority in the Senate is a success. Ter Apel really doesn’t have to fix this alone, is the message. It is actually crazy that municipalities have to be made aware of this at all with a legal instrument. It is a shame that the law is substantively flawed. But that might still be repairable. In the meantime, municipalities can do what they are advised to do – help Ter Apel.

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