Senate votes against proposal to give minister power to ban criminal motorcycle clubs

Justice minister David van Weel will not be given clearance to ban organizations like criminal motorcycle clubs. The Eerste Kamer, also known as the Dutch Senate, voted against the law proposal on Tuesday. The VVD, CDA, and SGP voted in favor of the plan, but GroenLinks-PvdA and the ChristenUnie voted against the proposal. The BBB expressed their doubts during the debate on the subject last week, and they also voted against it.

During the debate in the Senate, BBB senator Robert van Gasteren said that his party was “on the seesaw” when it comes to this proposal. He feared that the fundamental rights, legal protection, and power balance between civilians and the government would be threatened by the proposal.

It was clear before the vote that the bill would not pass through the Senate without the BBB’s support. It now appears that the proposal would have fallen short by two seats even if the BBB had voted in favor.

Criminal motorcycle clubs can be banned by a civil judge. However, around six years ago, the PvdA, CDA, VVD, ChristenUnie, and SGP felt this process was taking too long, so they submitted an initiative proposal with an alternative way to ban criminal organizations. This proposal would give a minister the power to impose a ban through administrative law, and this decision could only be challenged in court afterward.

The rules for bans by a civil judge were updated in 2022. This made it possible for criminal motorcycle clubs like the Hardliners to be banned much more quickly.

This sharpening of the rule led opposition parties to wonder whether this new law was necessary. They also fear that a minister in the future could abuse the law to ban organizations that are not engaged in criminal activities.

“Who will prevent this law from being abused for political vendettas or personal grudges?” PVV member Ilse Bezaan asked.

The PvdA was one of the parties that developed the plan, and yet they voted against it in the Senate. With this, the party is following GroenLinks’ position, which they are now in a joint faction with.

GroenLinks-PvdA senator Jeroen Recourt said last week during the debate that there is “every reason to be very vigilant” when it comes to measures that can become a threat to the democratic constitutional state. D66 also changed its stance on the subject, going from in favor to voting against it.

“How can you be against it?” VVD leader Dilan Yeşilgöz-Zegerius said on X. Her party’s coalition partners PVV and BBB were among the parties that voted against the proposal. “Inconceivable that you would miss out on this chance to make our country a safer place.”