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Source: Government of the Netherlands

News item | 25-01-2022 | 19:10

The number of new cases is high, and many people are self-isolating or self-quarantining at home. The easing of restrictions will probably cause the number of COVID-19 patients in hospitals to increase. But despite the risks and uncertainties, the government believes it is responsible to take this big step. Because prolonging the measures that so restrict our daily lives is also harmful to people’s health and to society as a whole.
On Tuesday 8 March the government will decide if more restrictions can be eased.

General measures and guidance

• In general, all locations may be open from 05:00 to 22:00.
• Always stay 1.5 metres apart.
• Receive no more than 4 visitors aged 13 and over a day. Visit no more than 1 household a day.
• Do a self-test before visiting others or receiving visitors, and before going to a location where there are a lot of people.
• Face masks are mandatory for everyone aged 13 and over on public transport, at stations, on platforms and at bus and tram stops. You must also wear a face mask when walking around in public indoor spaces such as shops, museums, cinemas and hospitality venues. You can take your face mask off when seated in cinemas, theatres and hospitality venues.
• Wearing a face mask is advised wherever it is not possible to stay 1.5 metres apart, such as busy shopping streets.
• Assigned seats are mandatory in public indoor spaces such as restaurants, bars, theatres and cinemas.
• Everyone aged 13 and over must show a coronavirus entry pass at locations where this is mandatory, such as restaurants, bars, theatres and music venues, museums, cinemas, zoos, amusement parks, saunas and casinos. At sports facilities, a coronavirus entry pass is required for people aged 18 and over.
• At locations where there is a continuous flow of people, such as museums, capacity is limited to 1 visitor per 5 square metres, up to a maximum of 1,250 in each space.
• Maximum capacity at locations with assigned seating is equal to the number of visitors that can be accommodated 1.5 metres apart. (This is around 1/3 of normal capacity.)
• No more than 1,250 visitors are allowed at indoor locations for sports, events, culture and the arts.
• Events without assigned seating, such as festivals, are not yet permitted.
• Large events (with more than 1,250 visitors) with assigned seating may only take place outdoors.
• Work from home. If that is not possible, always stay 1.5 metres apart at work.

See the brief overview of basic rules, measures, conditions and exceptions on government.nl.

Quarantine

The advice on self-quarantining is changing.
If you have had contact with someone who has tested positive for coronavirus, you do not have to self-quarantine if you:

• have no symptoms

AND

• are a pupil at primary school or secondary school, or a child that goes to daycare; OR
• are a student younger than 18 at an institution for secondary vocational education (MBO) or higher education (HBO or university); OR
• have established together with your employer that your role concerns an essential operational process and you satisfy the conditions set out on Rijksoverheid.nl (‘Quarantine and workers in essential operational processes’, in Dutch); OR
• received your booster vaccination at least one week ago; OR
• tested positive for coronavirus less than 8 weeks ago.
• If you have symptoms of COVID-19:
• stay at home and do a self-test immediately;
• if the result of the self-test is positive, get tested by the municipal health service (GGD) as soon as possible;
• if you get a positive test result, self-isolate at home.

In all cases, avoid contact with older people and people in at-risk groups for 10 days after your last contact with someone who has tested positive for coronavirus.
For the most up-to-date information on the quarantine rules, go to the Quarantine Check. Keep in mind that the National Institute for Public Health and the Environment (RIVM) and the GGD need to update their policy and procedures. This takes a little time, so their information might not yet be up-to-date right away.

Moving forward together

We have been fighting the coronavirus pandemic for nearly two years. Not only have we learned how difficult it can be to cope with measures that restrict us in our daily lives, but also how difficult it can be to ease those restrictions. We all want to avoid a reversal of the steps to reopen society. This means we need to stay vigilant, and help each other follow the general rules and guidance that still apply. Only together can we move forward.

Health minister uses visual aids during presentation

During the press conference health minister Ernst Kuipers used various visual aids to explain:

• the impact on society when a high number of people are self-isolating;
• that fewer people need to be hospitalised if they have been vaccinated, especially after getting a booster jab.

Source: Government of the Netherlands

News item | 14-01-2022 | 20:30

Education, culture and sport

Secondary vocational education (MBO) and higher education (HBO and universities) can reopen for in-person learning. All indoor and outdoor sports activities and artistic and cultural activities (such as music, theatre and dance) are permitted again, but without spectators/audiences. Adults may now also take part in sports matches and competitions within their own club. People over 18 taking part in sports indoors or in artistic and cultural activities indoors and outdoors must show a coronavirus entry pass.

Shops and contact-based industries

Non-essential shops can reopen until 17.00. People must stay 1.5 metres apart and wear face masks, the number of shoppers must be limited, and hygiene rules must be followed. Hairdressers, nail technicians, sex workers and others in contact-based professions may see customers before 17.00. For an overview of all the rules and conditions, and the answers to frequently asked questions, see Government.nl/coronavirus.

Face masks

Wearing a face mask is advised in any place where it is not possible to stay 1.5 metres apart. This now also applies at busy outdoor places such as shopping streets. It also applies in the workplace. People are now advised to wear a disposable face mask. The government advises against wearing fabric masks and homemade masks. Read all the r ules and advice on wearing face masks.

Self-quarantine

Close contacts of a person who has coronavirus do not need to self-quarantine if they do not have symptoms themselves and they received their booster vaccination at least 1 week ago or have had coronavirus in the past 8 weeks. This applies with immediate effect.

Advice on self-quarantining for people in certain jobs who have not yet received their booster vaccination or have not had coronavirus recently will be issued soon. Read more about self-quarantining and self-isolating due to coronavirus and when to get tested.

Other measures

Due to the Omicron variant the daily number of infections is higher than at any point during the pandemic. This means there is still a risk that the healthcare system will become overburdened. The high number of people testing positive and the rules on self-quarantining means many people are unable to work. This could lead to major problems.

From 15 January 2022 the following measures apply:

• Always stay 1.5 metres apart.
• If you have symptoms, stay at home and do a self-test. If the result is positive get tested by the municipal health service (GGD).
• Receive no more than 4 visitors aged 13 and over a day. Visit no more than 1 household a day.
• Outdoors, people are advised not to meet in groups of more than 4 people aged 13 and over.
• All restaurants, bars and cafés are closed, except for takeaway and delivery.
• Cinemas, museums, theatres and concert venues are closed.
• Essential shops, such as supermarkets and chemists, can stay open until 20.00.
• Petrol stations, pharmacies, driving schools, notaries, lawyers and other essential service providers can be open for their normal opening hours.

These measures apply in addition to the existing restrictions and advice, such as the basis rules, the face mask requirement, the advice to do a self-test before visiting others or receiving visitors and the advice to work from home. People aged 70 and over are advised to limit their contact with others, including children, as much as possible and to stay 1.5 metres apart.

See the brief overview of basic rules, measures, conditions and exceptions.

Source: Government of the Netherlands

News item | 19-09-2023 | 15:35

Protecting the democratic rule of law

We must protect the functioning of our democratic rule of law and continue the detection and prosecution of criminals without any let up whatsoever. For this reason the government is structurally making 112 million euros available to improve and expand the surveillance and protection system. In order to prevent criminal organisations getting the upper hand we are collaborating with the police, the public prosecution service and the judiciary as private partners and we are implementing policy at all levels, in other words at international, national and local level. This approach is based on four objectives: 1) Prevent vulnerable young people ending up in, or slipping even further into, a life of crime, 2) Disrupt the earnings model and smash criminal networks, 3) Punish perpetrators, and 4) Protect people who, on a daily basis, work on the front line in this approach.

The digital threat posed by criminals and other countries is also as great as it has ever been and is also continuously changing. This generates risks for the general public and organisations which may lead to financial loss or damage and have a detrimental effect on the way Dutch society functions. That is why we must retain and implement the Netherlands Cybersecurity Strategy 2022-2028.

Investments in youth protection

Every child has the right to grow up at home and to develop safely. Whenever this is under threat, assistance and support must be provided to families. The court can impose a youth protection order on parents if a child aged under 18 is unable to grow up safely in a family. This year, the government is making 43 million euros available for youth protection services and, by doing so, is taking an important step towards finding a structural solution for the problems in this sector. Among other things this funding is intended to reduce the pressure of work for youth protection professionals. The focus is going to be on recruiting new child protection staff and on retaining existing ones, with the aim being to give them more time to provide more effective assistance to vulnerable children and families.

Youth protection is a joint responsibility of the state, municipalities and certified institutions. After this year, the government will structurally allocate 50 million euros to youth protection.

Improvement and enhancement of legal migration

People will continue to migrate to the Netherlands in 2024. They will do so for work, study, love, or protection. The government is making more than 4 billion euros available to manage the influx of people more effectively, accelerate their processing and help them move on more quickly. In this way we will improve and enhance legal migration by taking careful decisions on residency applications. We are also working towards achieving a stable reception capacity so that we can deal more effectively with fluctuations in the number of asylum seekers entering the country. This fixed capacity at the Central Agency for the Reception of Asylum Seekers (Centraal Orgaan opvang Asielzoekers, COA) is to be expanded in phases to 41,000 places. Municipalities will be given support with setting up reception centres and if people are not allowed to stay, we will encourage their return to their country of origin. The European Temporary Protection Directive for Ukrainian refugees is also expected to be extended by one year. In 2024, 3.2 billion euros has been budgeted for municipal and private accommodation for refugees from Ukraine.

Source: Government of the Netherlands

News item | 18-09-2023 | 17:00

Minister Weerwind: “The injustice done to those affected by the childcare benefit scandal continues to weigh on my mind. As a government, we must take responsibility for the role the childcare benefits scandal may have played in placement into care. It is vital that aggrieved parents and children are aware of the help and support available to them, such as the Support Team. That is why I am now offering targeted support to a wider group of parents with this letter.”

Thanks to the Temporary Act on the Exchange of Personal Data UHP KOT introduced on 1 July 2023, it is possible to compare personal data from the Tax and Customs Administration/Benefit, the Child Care and Protection Board and the courts within a secure environment. This comparison identified 1,819 children of 1,168 aggrieved parents who have been affected by placement into care.

Further analysis should reveal whether there are more aggrieved parents from the child support affair who have faced placement into care in addition to these 1,168 parents. Not every court records rulings in the same way, so this requires further analysis. This additional group of parents will receive a letter offering support at the earliest opportunity. Altogether, this is presumably a larger group of children of aggrieved parents than previously reported by Statistics Netherlands (CBS). This is due to the new comparison being made with data from 2005, where CBS previously used data from 2015.

Parents who have now come forward will receive the letter offering assistance and support. This assistance is provided by the Support Team, among others. This team assists aggrieved parents and children with reunification, housing and financial issues. Since its inception in April 2022, 500 parents have already reported to the Support Team.

Source: Government of the Netherlands

News item | 15-09-2023 | 14:30

Currently, child support debt is not granted higher priority (preferential status). As a result, child support debt is on an equal footing with other debts and must give way to higher-ranking debts. Preferential debts are paid earlier, after which the remaining funds are divided among the other debts, including child support. This proposed legislation will change the situation.

Minister Weerwind: “The more debts there are, the smaller the amount left to pay child support. This is currently the situation as child support is not prioritised over other debts. The result can be a dire situation, such as a parent not having sufficient funds to pay for groceries, clothes or sports for the children. By prioritising the payment of child support in the total debt, more child support will reach the parent who needs it, and more quickly. In this way, we put the best interests of the child first.”

More child support

Currently, child support debt is not granted a higher priority status. Child support debt is on the same footing as most other debts, such as debts to online retailers and telephone providers. If multiple creditors are involved, the funds to settle the debts first go to the higher-ranking debts, such as a tax debt. Any remaining funds are divided among the other creditors. Research by the Landelijk Bureau Innings Onderhoudsbijdragen (National Child Support Recovery Agency, LBIO) indicates that granting higher priority status to child support debt will enable more child support to be collected. The bill will be submitted to the House of Representatives at the earliest opportunity, after which the House of Representatives will decide when to address the bill.

Source: Government of the Netherlands

News item | 04-09-2023 | 15:49

A new prognosis indicates a net influx of 325 refugees from Ukraine per week. While this is lower than the prognosis of last spring, the number of refugees keeps increasing.

The situation in Ukraine situation is and will remain unpredictable, which means that we will have to continue to take into account an unexpected increase of the influx. It is therefore important for municipalities and security regions to ensure sufficient reception places, so that reception will also be possible for refugees from Ukraine in the near future.

A new prognosis for the influx of refugees from the Ukraine is expected in early 2024. At that time, the government will consider an adjustment of the expected number.

Source: Government of the Netherlands

News item | 29-08-2023 | 15:50

Update: Third-country nationals are permitted to remain in the Netherlands until the Council of State issues a final ruling on the appeal. The State Secretary for Justice and Security announced this in a letter to the House of Representatives on 2 September 2023. Third-country nationals will receive a letter from the Immigration and Naturalisation Service (IND) regarding this decision. They also retain the right to accommodation, living allowance and employment.

Just after Russia’s military action in Ukraine, the Netherlands opened its doors to fugitives from Ukraine, including third country nationals holding a temporary residence permit there for, for example, work, study or asylum. The Netherlands was one of the few European countries to do so.

State Secretary Eric van der Burg:

The majority of the third country nationals who fled Ukraine can, in principle, return to their country of origin. If the third country national fears violence or prosecution in their country of origin, they can apply for asylum here. For this reason, the government decided in the summer of 2022 to end the temporary protection for this group as of 4 September.

Asylum application

Over the last few months, IND has started processing asylum applications of third country nationals who indicated that they wish to stay in the Netherlands. Two groups were given priority in this respect: third country nationals from countries that are considered safe and asylum applications that are likely to succeed, filed by people from Yemen and Syria.

Approximately 700 third country nationals for whom the Temporary Protection Directive no longer applies, have indicated that they wish to go ahead with the asylum procedure. It is possible that more people will still apply for asylum. Third country nationals whose asylum application is being processed or still needs to be processed will be transferred to COA (Central Agency for the Reception of Asylum Seekers) in phases in the period starting 6 weeks prior to 4 September and ending 6 weeks after 4 September.

Third country nationals whose asylum application is being processed are subject to the same work rules as other asylum seekers. They can work for no more than 24 weeks per year. Any third country national who decides to still apply for asylum after 4 September will need to file a new application for asylum and will subsequently need to wait 6 months before they are allowed to work.

Leaving the Netherlands

Third country nationals who do not apply for asylum or whose asylum application has been denied, must leave the Netherlands within 28 days after 4 September. The Return and Departure Service (Dienst Terugkeer en Vertrek; “DT&V”) can provide (financial) return support to this group. Municipalities can offer accommodation to third country nationals during these 28 days.

Third country nationals who fail to independently leave the Netherlands, are residing in the Netherlands unlawfully and can therefore be stopped by the foreign police and possibly be detained pending removal.

Legal assessment

A number of third country nationals have appealed the IND’s decision to end their protection under the Temporary Protection Directive. Rotterdam District Court has been the first court to render judgment in this matter and has ruled that ending the temporary protection of this group of people is possible and is lawful. The temporary protection will therefore not be extended for third country nationals again, as this would raise false hope and would slow down the process. The temporary protection of the third country nationals who have appealed the decision will also end on 4 September and they must leave the Netherlands then, unless the court rules otherwise.

Source: Government of the Netherlands

News item | 03-07-2023 | 14:01

Four inspectorates have been investigating the death of a youth after he escaped and took two employees of Den Hey-Acker hostage in January of last year. These inspectorates include the Inspectorate of Justice and Security, the Health and Youth Care Inspectorate, the Education Inspectorate and the Netherlands Labour Authority. In April of last year, another prisoner was stabbed at Den Hey-Acker and later died.

‘I consider two such serious incidents from a high-security youth prison unacceptable. That this all happened within a short time in the same youth offenders institution is alarming,’ Weerwind wrote to the House. ‘I am fully aware that staff daily work with the target group under difficult circumstances and that risks are involved, yet I also take seriously the stern conclusions and we must reduce the risk of this happening again in the future.’

Measures

Following the incidents, measures were taken by the board in April to improve safety for staff and youths. These include banning sharp knives and better guidance for staff to determine when a youth may use a knife during educational activities. In addition, staff will receive new instructions on how to detect contraband and criminal acts in custody. Resilience training will be expanded.

At Den Hey-Acker, a new method of preparing files and reporting is now being used. The exchange of information within teams with different specialties has also been improved. Staff from all government youth offenders institutions hold more frequent meetings to exchange experiences and learn from one another. As a result, they gain greater awareness of their safety and can act more effectively.

Leave

In the investigation into the escape, the inspectorates concluded that the build-up of unaccompanied leave was very rapid, while the risks were still high. In view of this, the Custodial Institutions Agency and the Ministry will assess whether youth are being permitted to take leave too soon. Internal safety is also being examined for staff in terms of aggression and violence.

The inspectorates are conducting intensive supervision of youth offenders institutions. Following recommendations from the inspections, more measures have been taken that contribute to safety. In early February, the Minister already announced that three staff members per residential group will henceforth be scheduled to improve prison staffing levels. Due to a staff shortage, qualified temporary workers are being used, but on a limited basis. As advised by the inspectorates, temporary workers can now access files.

Source: Government of the Netherlands

News item | 03-07-2023 | 13:59

Minister Yeşilgöz-Zegerius of Justice and Security is writing to the House of Representatives today that she is working on this. In this way she also responds to the investigation “Outlines of the fight against mafia criminality in Italy – an exploratory study for the debate about the fight against criminal alliances in the Netherlands of the Dutch Research and Documentation Centre (WODC) led by Dr. Laura Peters, LLM.

“We can no longer afford to be naive. There is talk about Italian conditions, but here we are confronted with devastating organized crime every day. Explosions in residential areas, young people are recruited for drugs criminality, farmers put under pressure to allow their sheds to be used for drug laboratories, our society and open economy are corrupted. And the people who thwart criminals – including mayors, judges, lawyers and journalists – cannot live without protection. If we want to maintain our safe state under the rule of law, we must make a fist as a community and act forcefully where boundaries are crossed’,

according to minister Yeşilgöz-Zegerius of Justice and Security.

Italian mafia approach

In the past decades Italy has unfortunately gained a lot of experience in the approach to intimidating and violent practices of mafiosi criminal organizations. The turning point came approximately thirty years ago with the horrendous murders of the two investigating judges Falcone and Borsellino. After these shocking events a fundamental change occurred. More than ever society turned against everything that had something to do with the mafia and measures were taken with great energy. Although the characteristic elements of the Italian anti-mafia approach cannot simply be applied (in full) in the Netherlands, they do offer inspiration.

According to minister Yeşilgöz-Zegerius the most important lesson is the united front of Italian society, which means that it is stronger in the fight against organized crime. In Dutch detection a shift is already being made from the focus on individual heavyweights in criminality to the joint dismantlement of criminal power structures with all organizations concerned in the criminal law chain. The Minister wishes to pursue this further by investing in investigation capacity and increased coordination in the approach to criminal power structures.

In addition, Italy is working with shortened proceedings and the proceeds of crime are confiscated effectively. Work is also done on this in the Netherlands. In that way a legal framework is being prepared for procedural arrangements. Besides minister Yeşilgöz-Zegerius expects to submit a legislative proposal to the House of Representatives later in 2023, as a result of which confiscation of property without a conviction will be possible if it is plausible that goods and money have come from a crime. Recently a first pilot was started with social reallocation of seized criminal property, with which a learning workshop for local young people was opened in a district of Schiedam.

Crown witness scheme

The crown witness scheme is a heavy instrument that is applied cautiously. It may, however, be crucial in detection to breach the screens with which criminal networks are surrounded and to trace information about the modus operandi of criminal power structures. Deals with crown witnesses are only made if that is justified from the perspective of their safety, their surroundings and officials involved. The instrument will be improved in the coming period.

To be able to apply lessons from the report of the Investigation Council for Safety in connection with the murders of the brother, the then lawyer Derk Wiersum and confidential advisor Peter R. de Vries of the Crown witness in the Marengo trial before all improvements have been implemented, the Public Prosecution Service has activated a plan of action. In that connection ongoing and completed crown witness routes have been analyzed and acute improvements have been implemented in anticipation of new legislation and regulations. In that way from the very first moment that a talk is held with a potential crown witness, the protective measures needed are immediately mapped.

A witness protection agreement with a criminal is a business deal and it should be accompanied by strict arrangements according to minister Yeşilgöz-Zegerius. For this purpose, she wants to lay out a framework with laws and regulations up front. It is also examined how this has been arranged legally in other countries. It must be clear to everyone what standardized arrangements apply. If a crown witness gradually fails to comply with the arrangements, a crown witness deal may be dissolved by the State unilaterally. The framework that is being elaborated concerns the protective measures to be taken, the rights and duties of the State and those of the persons to be protected and contributions to the cost of living.

Apart from the internal testing of the crown witness deal surrounding a criminal trial, there must also be an independent test of the witness protection agreement. It is still being investigated who is going to perform this test. Consideration is given to an examining magistrate, another independent judge or an independent committee. The object is more transparency, but this requires great caution. After all, the witness protection agreement contains very sensitive information that may endanger all those concerned if it becomes more widely known. In the elaboration of legislation and regulations the minister will also include the investigation of the Procurator General at the Supreme Court on the subject, which is expected before the end of the year.

Punishment for serious drug crimes

In the past decades organized crime has changed and hardened enormously. The Netherlands has developed into a major producer of synthetic drugs and a transit country of hard drugs. Drugs and criminal capital cross the country borders with extreme speed. Ruthless violence is used if anything stands in the way of the criminals. According to minister Yeşilgöz-Zegerius punishment is the final piece alongside detection and arresting criminals as much as possible. It is especially the investigative services that strike heavy blows in rounding up criminal networks thanks to the hacking of encrypted communication services such as EncroChat, SkyECC and recently Exclu.

In that connection it is important that sufficient possibilities exist to act in a clearly normative way in the case of the most serious forms of organized crime. To give more space to this the maximum sentences for serious drug crimes will be raised; for possession of hard drugs from 6 to 8 years, for dealing and producing hard drugs from 8 to 12 years, for import and export of hard drugs from 12 to 16 years and for committing preparatory acts for hard drug crimes from 6 to 8 years. It is expected that consultation concerning the legislative proposal can take place in the coming autumn.

Source: Government of the Netherlands

News item | 30-06-2023 | 14:08

Responsible surrogacy

Parents are now often required to follow long and uncertain procedures before they can formally become the child’s parents. This generates uncertainty for the child, the surrogate mother and the intended parents. With this bill, the minister aims to regulate responsible surrogacy. When the new regulation is in place, a judge can decide even before conception that the intended parents are the child’s legal guardians immediately from birth. A register will also be established to record information regarding the surrogacy process, so that the child can later see details such as the agreements made between surrogate mother and intended parents. It will also stipulate the amount of compensation that intended parents are allowed to pay for the surrogate mother – for expenses such as maternity clothes, for example – and the amount of compensation.

Minister Weerwind: “With this legislation, we will first and foremost ensure that children born from surrogacy will have a good start, from a legal perspective. This will enable surrogate mothers and intended parents to have a clear understanding of the situation. With a legal regulation for surrogacy, we give intended parents a clear framework, so they know what to be aware of and what is important. It is up to the intended parents to make responsible choices in the interest of their future child.”

International surrogacy

Intended parents following a surrogacy process abroad can also invoke this legislation. If similar conditions that are imposed on the process in the Netherlands are met, parenthood can be acknowledged immediately, just as for intended parents who went through the process in the Netherlands.

One condition that such a surrogacy process must meet, for example, is that a judicial review has been involved. In addition, the child must have a genetic link to at least one of the intended parents. Additionally, the intended parents must have received counselling and information.

The bill will be debated by the Lower and Upper Houses of Parliament