The Netherlands National Handbook on Decision-Making in Crisis Situations
Central government provides:
-- expertise, knowledge and advice;
-- opportunities to coordinate the parties involved;
-- facilities for operational processes, information technology
and crisis communication;
-- resources (e.g. www.crisis.nl and the 0800-1351 public
information line);
-- liaison facilities: contacts and exchanges of information with
neighbouring regions (e.g. through the National Operational
Coordination Centre, NOCC), liaising with a neighbouring
region if there are not enough local or regional staff to handle
crisis communication.
-- the implementation of measures to prevent or mitigate the
consequences of a terrorist threat or attack;
-- the implementation of measures to manage an actual or
imminent flood (for example, large-scale evacuation);
-- the implementation of restrictive measures to manage the
supply and use of drinking water;
-- the implementation of measures in a major IT incident;
-- power to issue instructions.8
Central government will take measures to protect national
and international interests, such as:
-- State security;
-- public interest;
-- the five vital interests of national security.
b. Central government coordination
Central government intervenes in situations in which some
form of coordination and/or harmonisation of management is
desirable or necessary in the general or functional sector. It
does so by providing urgent advice to the relevant authorities.
Urgent advice is intended chiefly to facilitate joint action and/
or to reconcile the divergent interests of the relevant parties.
Coordination can be provided at the request of the competent
authorities in the general or functional sector or on central
government’s own initiative. It will relate to one or more
aspects of the crisis strategy. The competent authorities must
provide feedback on how they have responded to the urgent
advice. They may depart from central government’s advice
only with good reason.
Powers must be exercised in accordance with the substantive
and/or procedural conditions on the exercise of powers laid
down in the relevant laws and the principles of subsidiarity and
proportionality.
The ministers and state secretaries concerned coordinate the
mobilisation and exercise of their powers among themselves. If
the MCMC has been convened, that coordination task takes place
within this forum.
When central government exercises its powers, it will inform the
public and private parties affected via the National Crisis Centre
or the relevant Departmental Coordination Centre (DCC). When
central government exercises its formal powers it determines
how local authorities will use their powers; this is not the same
as assuming those powers. Exceptions are permitted in exceptional circumstances (where provided for by law9) and in cases of
neglect.
Examples of coordination are:
-- the agreement of crisis communication and talking points;
-- the preparation of policy principles for standard national
measures to maintain public order;
-- the harmonisation of tolerance levels.
Central government’s management does not prejudice the
necessary local, regional or supra-regional coordination with
partners, including central government representatives.
c. Central government management
Central government can perform a management function only
in so far as its formal powers permit. These powers have a legal
basis in emergency law or otherwise.
These powers7 include:
-- the implementation of security and protection measures in
central government;
-- the provision of assistance by the police, fire service,
medical services and the Ministry of Defence, either to
alleviate scarcity or otherwise;
-- the implementation of measures to prevent infectious
diseases (‘category A diseases’);
-- the implementation of measures to manage ‘category A’
radiation incidents;
-- the ability to close airspace;
-- the implementation of measures to combat general,
protracted scarcity of goods or services;
7
14
A non-exhaustive list of powers is available at www.nctv.nl.
Central government management does not affect the existing
accountability structure: the government is accountable to the
House of Representatives, and the chair of the safety region and
the mayor are accountable to the council of the municipality
concerned or to their own council, respectively.
8
For example by having a King’s Commissioner issue instructions
regarding policy or other matters under the Safety Regions Act or the Code
of Conduct for the King’s Commissioner.
9
For example, under section 54 of the Safety Regions Act, the Minister of
Security and Justice may assume powers in whole or in part from the
King’s Commissioner and the mayor, or transfer them in whole or in part
to another authority in exceptional circumstances if urgently required in
the public interest.
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