Senate won’t vote on asylum legislation before getting advice

The senate

The upper house of parliament has decided not to consider controversial legislation that would criminalise being in the Netherlands without valid residency documents—or helping those who are—until the Council of State has issued its opinion.

Last week, the lower house passed the measure after a chaotic session, but only after justice minister David van Weel agreed to seek new advice from the Council of State, the government’s most senior legal adviser.

That concession was key to securing support from the centrist NSC and the orthodox Protestant SGP.

However, on Monday the SGP warned it would vote against the bill in the senate if the Council of State concluded that all assistance to undocumented migrants would become illegal. The party’s support is crucial for a majority in the upper house.

It remains unclear when the Council of State will issue its advice. The body was previously highly critical of other elements in the legislation.

The election takes place on October 29 and parliament goes into recess at the beginning of the month, meaning there is very little time left for the legislation to be reviewed and approved again in the lower house.

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