Parliamentary committee of inquiry into Fraud Policy and Public Service Provision presents its findings

In a hardened political and social climate, the three branches of government have been blind to their inhumane and unjust treatment of citizens. People’s fundamental rights were violated and the rule of law was dismissed. This is the main conclusion the parliamentary committee of inquiry into Fraud Policy and Public Service Provision draws in its report 'Blind voor mens en recht', which it presented on 26 February.

Committee chair Michiel van Nispen explains the findings, conclusions and recommendations of the report 'Blind voor mens en recht'.

The parliamentary committee of inquiry was mandated by the House of Representatives to investigate how the government combats fraud and what impact this has on citizens. The committee was asked to base its inquiry on the findings of the Parliamentary committee inquiry into Childcare Benefit, set out in the report Ongekend onrecht (Unprecedented injustice) and on the report of the Temporary research committee on executive organisations, Klem tussen balie en beleid (Caught between desk and policy). The report Ongekend onrecht revealed what had happened in the childcare benefits scandal. Yet, the question of how this could have happened was still unanswered.

'Blind voor mens en recht'

“The title of our report is 'Blind voor mens en recht'. That’s not for nothing,” committee chair Michiel van Nispen said before presenting the report to Speaker of the House Martin Bosma. “That’s the essence of what happened. In a hardened political and social climate, the three branches of government have been blind – blind to their inhumane and unjust treatment of citizens. Because when you send people a letter saying they have to pay back 125,000 euros in a short period of time, when you treat people who have not committed fraud like criminals, when you draft bills and pass laws without considering how they will affect people, when people are denied justice even in court, then there is blindness. In all branches of government.” 

The English translation of the report’s summary, conclusions and recommendations is available here.

Main conclusion

In the report, the committee draws several conclusions and makes recommendations to change a number of things. The full main conclusion is as follows: 
In a hardened political and social climate, the three branches of government have been blind to their inhumane and unjust treatment of citizens, which has destroyed lives. It is painful that the very system of social security and benefits, which is meant to support people, has ruined those who rely on it. The cabinet and parliament have fallen short, the implementing organisations have acted unlawfully and the judiciary has failed to protect people. This has led to the violation of people’s fundamental rights and the dismissal of the rule of law. The underlying patterns that caused this persist to this day. 

Sub-conclusions 

  • Wrong decisions in the design, introduction, implementation and adaptation of laws and regulations have caused untold suffering;
  • People who made small mistakes were treated as ‘fraudsters’;
  • There has been a serious and prolonged failure of the branches of government to provide legal protection;
  • Fundamental rights to privacy and equal treatment were violated in the use of data to combat fraud;
  • The government has made financial decisions without considering the impact on people;
  • MPs have actively contributed to tough fraud policy and failed to prevent suffering.

It could happen again tomorrow 

The committee’s conclusions offer explanations for what happened. It should be noted, however, that the underlying patterns are still in place. Without proper measures, changes and safeguards, more scandals could follow. The government’s blindness to its inhumane and unjust treatment of citizens is still there. The committee therefore makes the following recommendations to break these patterns and prevent more people’s lives from being destroyed: 

  • A stronger rule of law that serves citizens, ensures that fundamental rights are respected and prevents the government from acting unlawfully;
  • A government that never overlooks its citizens;
  • A government with a human face;
  • A humane enforcement and sanctioning policy;
  • A legal safety net and easily accessible legal aid;
  • A well-functioning parliament.

About the committee

On 11 February 2021, the House of Representatives passed a motion submitted by Marijnissen et al., which called for a parliamentary inquiry into the government’s public service provision, enforcement and fraud prevention. To lay the groundwork for this inquiry, a temporary committee on Fraud Policy and Public Service Provision was set up on 8 July 2021. This committee was tasked with preparing a research proposal for the House. The research proposal was submitted to the House on 27 January 2022 and approved on 1 February 2022. 

Composition

The committee of inquiry conducted its investigation based on this proposal. The committee initially consisted of eight members: Senna Maatoug (GroenLinks-PvdA), Lammert van Raan (PvdD), Farid Azarkan (Denk), Michiel van Nispen (SP), Salima Belhaj (D66), Evert Jan Slootweg (CDA), Thierry Aartsen (VVD) and Sylvana Simons (Bij1). Following the 22 November 2023 elections and the installation of the new House of Representatives, MPs Aartsen and Maatoug, led by committee chair Van Nispen, completed the inquiry.