Netherlands

Council of State critical of law, but 2G ‘is justifiable’

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The possibility of introducing 2G policy is “justifiable from a fundamental law point of view”, according to the Council of State, the government’s chief adviser. The Council of State does, however, believe that the law should clarify when there is a “high-risk situation”. Only in such a situation may 2G be used. Caretaker care minister Hugo de Jonge has only put this in the explanation.

2G makes it possible to grant access in certain places only to people who have either been vaccinated or cured (recently had a corona infection). De Jonge sent the bill laying down the 2G system to the House on Monday evening.

The council strongly criticized a draft bill, but some points have since been amended. Following the advice, the law has now “explicitly” set “in which sectors and under what circumstances” the 2G corona pass may be used. But the Council of State also wanted the law itself to include what exactly is meant by a “high-risk situation”. 2G may only be used in such a situation, but it is not clear when this will be the case. The RvS has asked the cabinet to explicitly state this in the law, and not just in the explanatory text (explanatory memorandum).

De Jonge does not want to do this after all, “because the insights about the epidemiological circumstances and the characteristics of high-risk settings” can change, he writes in a response. The Council of State also wants it to become clear quickly what the exception to 2G will look like for people who cannot be vaccinated, for example for medical reasons. The government cannot say that yet.

The advisor acknowledges that the 2G policy is a point of heated debate in society. According to the Council, it is very difficult “to avoid contradictions in society in the extremely difficult circumstances of the moment”. However, the cabinet must prevent “unvaccinated people from being dismissed as unwilling, ignorant and irresponsible”.

But the introduction of 2G is justifiable, according to the Council of State, given the high number of corona infections. It is good that the policy is only used in certain sectors and only under certain conditions. It is also important for the Council of State that the 2G access pass is “in any case” not requested in the workplace or for access to essential facilities, such as education.



Council of State critical of law, but 2G ‘is justifiable’
Source link Council of State critical of law, but 2G ‘is justifiable’

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