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Dutch government’s internal admin delays publication of documents

The public disclosure of documents under the Dutch Open Government Act (Woo) is often delayed, especially when the information is considered socially or politically sensitive. Dr Annemarie Drahmann, Associate Professor of Constitutional and Administrative law, explains the case on platform for investigative journalism ‘Follow the Money’ (FTM).

FTM reports that this problem seems to be particularly prevalent with requests from journalists, where civil servants often have to receive approval first – through a ‘supplementary memorandum’ – from their superiors or the relevant Dutch minister. This can greatly decelerate the processing speed. The Dutch government is obliged to respond to Woo requests within four weeks, with a two-week extension for difficult cases. For FTM's Woo request, this deadline was not feasible and the available information only arrived 3.5 months after the statutory decision period.

'Civil servants try to help ministers avoid negative press'

Besides finding, reviewing and, if necessary, blacking out text in documents, the approval process also causes delays in processing Woo requests. Dr Drahmann says the fact that the relevant government minister has final responsibility explains the long list of required approvals: ‘Civil servants try to prepare ministers for the possibility of negative press, for the purposes of damage limitation to the ministers.’ However, the internal administration strategy breaches the statutory decision period prescribed by the Woo. If the Dutch government truly considers transparency to be in the interests of our democracy, the lengthy approval process need to change.

More information

Read the full Follow the Money article (€, in Dutch)

Photo: Pamela Saunders through Unsplash

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