Budget debate suspended immediately as MPs demand legal basis for asylum crisis decree

The second day of the budget debate - the most important parliamentary debate of the year - was suspended almost immediately after it started on Thursday. Several opposition parties demanded that Prime Minister Dick Schoof present the legal substantiation behind the government’s decision to declare an asylum crisis. Schoof had refused, saying he’ll submit the documents to parliament after the decision is officially made. But the opposition parties refused to debate without them. After consulting with his Cabinet, Schoof agreed to send the documents to parliament later on Thursday, according to the NOS liveblog on the debate.

After the first day of the budget debate on Wednesday, the opposition parties had asked for the legal analysis behind the decision to declare an asylum crisis and ask the European Commission to opt out of the EU’s asylum policy. Declaring an asylum crisis would allow the government to take emergency measures in the area without requiring parliament and the Senate’s approval first.

Before Thursday’s debate, Schoof wrote to parliament that he would not submit these documents yet because the decision-making process is not yet completed. He promised to send the documents once the decision has been made, pointing out that the intention to declare an asylum crisis was part of the coalition agreement the PVV, VVD, NSC, and BBB concluded this spring. The formation archive is public and available to parliament, he said.

Right after the start of the debate, opposition parties GroenLinks-PvdA, ChristenUnie, D66, SP, PvdD, Volt, and DENK asked the Prime Minister to make the documents public immediately. They will only start the debate once this has happened. According to these parties, it is clear from the government program presented last week that the government has already decided to declare an asylum crisis, so the decision-making process is complete, and the documents must be shared.

The opposition also challenged interim NSC leader Nicolien van Vroonhoven to speak out. The NSC is the self-proclaimed guardian of the rule of law in the coalition and considers itself a champion of protecting parliament’s right to check the government. Van Vroonhoven also took a lot of abuse about her party’s involvement in the plans for an asylum crisis during Wednesday’s debate. She referred to “Article 68 of the Constitution,” which states that the government is obliged to provide every individual parliamentarian with the information they request. It can only refuse if national security is at stake.

After some back-and-forth, a visibly irritated Schoof suspended the debate to consult with his Cabinet on how to proceed. According to NOS, Schoof was heard saying, “Wow, this is truly unbelievable.”

About half an hour later, Schoof informed parliament that the Cabinet would provide official advice on the emergency measures in the asylum policy. He said he “naturally” respected the parliamentarians' wishes but was “somewhat surprised” by the commotion. He was convinced that he did not need to send any documents as long as no decision had been made.

According to ANP, parliament should have the documents by around 3:00 p.m. Schoof said his officials need time to gather them from “the most involved Ministries,” referring to the Ministries of Home Affairs, Asylum and Migration, and Justice and Security. “We will do all of that very quickly,” he said, adding that some might be missing. There may be documents at other departments. I apologize for that in advance.”

The debate resumed after the Prime Minister promised to provide the requested documentation.