Dutch cabinet resigns: First overview from The Hague

Prime Minister Mark Rutte has offered his resignation to King Willem-Alexander. This decision was taken in response to the report of the Parliamentary Interrogation Committee on Childcare Allowance presented on 17 December.

In the report, the Parliamentary Interrogation Committee concluded, among other things, that the basic principles of the rule of law had been violated. The approach to fight fraud leading to these violations was initiated in part by ministers, which is one of the reasons for the Cabinet to resign and take responsibility.

The consequences of the resignation – particularly for the way in which the outgoing Cabinet intends to deal with the corona crisis – will become clear in the next few days.

A CARETAKER CABINET – RUTTE III 

Prime Minister Rutte will offer the King the resignation of the ministers and state secretaries. The Cabinet thus becomes a caretaking cabinet. In principle, a caretaking cabinet has the same powers as a regular cabinet.

When the Prime Minister offers the resignation of his cabinet, the King asks the Prime Minister “to do whatever is deemed necessary in the interest of the Kingdom”. In practice, this means that the Cabinet only deals with “current affairs”. This concerns policy and issues that are urgent and/or non-contentious. There are no rules to determine at this stage which policy is ‘controversial’ or not.

The House of Representatives can declare subjects controversial (see below). In the coming period, it is expected that mainly corona-related topics will be discussed, while many other topics will be declared controversial. 

ELECTIONS 17 MARCH 2021 

When a Prime Minister offers the resignation of his cabinet to King Willem-Alexander, new elections will be held no later than 3 months after the King has signed the so-called dissolution decree.

Since the elections already scheduled for 17 March 2021 fall within this three-month period, this date is expected to be maintained. Eight days later, the new House of Representatives will meet for the first time. After the elections, the Cabinet will maintain a caretaker status. Because of the new composition of the House of Representatives, it is expected that controversial policy will be re-examined.

CONTROVERSIAL OR NOT, THAT IS THE QUESTION

After preparation in the Standing Parliamentary Committees, the House of Representatives draws up the final list of controversial subjects. This is done in six steps. Incidentally, it is possible that in the long run, the House may want to debate controversial subjects, for example because of time pressure.

The subsequent steps for the House are described below. A lighter version of this procedure is followed in the Senate. 

• 1. In the first weeks (after the elections), each House committee holds an extra procedural meeting, which is only dedicated to declaring controversial or non-controversial subjects. This concerns: 
  – legislative proposals and General Administrative Legislation (AMvBs); 
  – Cabinet letters, cabinet memos and similar documents;
  – scheduled committee meetings with the Cabinet; 
  – other planned committee activities, such as working visits. 

• 2. In the extra procedural meetings, decisions are made on the items on the agenda in the usual manner. A majority is required to declare a subject controversial. However, a committee majority can respect the wish of a committee minority to declare a particular subject controversial. 

• 3. After all additional procedural meetings, the Plenary Registry will draw up a list of all controversial subjects. Political factions may submit proposals in writing to the House to amend that list. The House shall vote on the list and on the amendments proposed by the political factions. 

• 4. The agenda of the regular procedural meetings of a committee may include new items which the committee wishes to declare controversial. This shall be done as described in steps 1 to 3.

• 5. The opposite can also happen: a Parliamentary committee wishes to deal with a previously controversial topic. In that case, the committee sends a letter to the Chairperson of the House of Representatives. The House then votes on this letter. Does the House agree with the committee’s proposal to declare a subject ‘un-controversial’? Then the subject can be taken up again. 

• 6. After a new cabinet has taken office, the House first holds a debate on the government declaration. Shortly afterwards, the new Cabinet sends an official communication to the House of Representatives on the proposals of the previous Cabinet, which it maintains or withdraws. After that, all previously controversial issues can be put back on the agenda for a procedural meeting, in which it is decided how to proceed.