Final report on childcare allowance research handed over | House of Representatives

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Final report on childcare allowance research handed over

December 17, 2020

On Thursday, December 17, Committee Chairman Chris van Dam presented the final report of the Parliamentary Childcare Allowance Interrogation Committee to Speaker of Parliament Khadija Arib. In the report, entitled “Unprecedented Injustice,” the committee notes, among other things, that the fraud approach to the childcare allowance violated the fundamental principles of the rule of law.

A mistake in an application was quickly seen as fraud, so that parents were wrongly branded as intentional fraudsters in execution. This accusation affects not only implementation - specifically the Tax Authority/Surcharges - but also the legislator and the case law, according to the committee in its final report. “The violation of the rule of law affects every Dutchman,” Van Dam said at the handover.

• Download it final report “Unprecedented injustice”'
• Read the speech by chairman Chris van Dam of the Parliamentary Childcare Allowance Interrogation Committee when presenting the report on Thursday, December 17, 2020.

Gross infringement

The cabinet and parliament (the legislature) can count on having enacted legislation that was tough as nails and that therefore did not have sufficient opportunity to do justice to individual situations. The legislation could have been amended by the commissioning Ministry of Social Affairs and Employment at any time, if the need had been felt necessary. But this didn't happen. The executor — the Ministry of Finance — implemented the childcare allowance as a mass process. The group approach, the “all-or-nothing” approach and the way in which “intention/gross negligence” was used have grossly infringed the rule of law principle that justice should be done to people's individual situations, writes the committee.

Jurisdiction

Without wanting to comment on individual court decisions, the committee notes that administrative jurisdiction has also made an essential contribution for years to maintaining the - not mandatory - implementation of the childcare allowance regulations.

Prevent recurrence

During its work, the committee first came to the realization with surprise and finally with deep indignation that parents had no chance for years. She urges all parties involved to consider for themselves how to prevent recurrence in the future.

Answers to research questions

The committee's task was to find out what administrators knew about the harsh fraud approach to the childcare allowance, what guidance they gave it and why it was able to go on for so long. The tough approach to fraud was partly initiated by administrators. For a long time, however, the political and official leaders of the ministries concerned did not have a complete picture of the tough approach that was being taken. Over the years, administrators have received various signals about the consequences of the fraud approach and supervision of childcare allowance, but seriousness and urgency were not recognized and solutions were long awaited.

Poor provision of information

The committee also notes that the provision of information from the national government is insufficient. At the highest level, the House of Representatives has repeatedly been misinformed about the childcare allowance, incomplete or incorrect. There is insufficient information management behind the inadequate provision of information. In all ministries where the committee carried out research of any magnitude, information management appeared to be insufficiently in order. The committee believes that putting information management in order should be a priority. This is necessary for the proper functioning of the ministries, for parliamentary democracy and for the controlling function of the media.

Unprecedented injustice

What happened to many parents, the committee sees as unprecedented injustice. Solving the problems that parents have ended up in at the hands of the government was far from being seen as necessary and has been pushed forward time and time again. There are many explanations for this, such as a long-standing practice in implementation that stood in court, responsibilities that are spread across several ministries, policy and policy orientation rather than implementation, and the fear of financial, legal or publicity consequences. However, according to the committee, these statements should never be an excuse. For too long, the official and political top lacked people who understood the seriousness of the problems and took responsibility for the whole thing.

Those who have had the courage to point their finger on the sore spot, against the grain, deserve great respect, according to the committee.

About the committee

The Parliamentary Childcare Allowance Interrogation Committee was set up on Thursday, July 2, 2020 to investigate problems with the fraud approach to childcare allowance over a certain period of time. The committee interviewed nineteen witnesses and experts under oath and investigated on the basis of public documents and information requested by the committee. A reconstruction has been made of events that were important for the child care allowance fraud policy.

• More information about the interrogations, research questions and composition of the committee can be found on the commission page.

Also watch the video below in which committee chairman Chris van Dam explains the findings.

Panorama of general political views

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