Many families with a foster child experience the same challenges. Foundation Supporting Foster Families (Stichting Ondersteuning Pleeggezin – OP) guides involved organisations and municipalities in forming networks of foster parents who support each other according to the principles of the Mockingbird model. In this, six to ten foster families are linked together through a hub home: an experienced (former) foster family that supports the other families and, where necessary, occasionally relieves them. Children from the Mockingbird network can also stay there (un)planned, for example. OP thus contributes to sustainable foster care placements, so that children in foster care grow up in a nice, stable family. In October 2022, iHUB Horizon Foster Care and Region Midden Holland launched the first Mockingbird constellation in the Netherlands.

Last year, Public Matters provided OP with pro bono advice on strategic positioning in 2022, and collaborated on how OP can encourage and maintain support for the Mockingbird model.

 

Balancing interests and expectations

Together, Kinderpostzegels, the Care for Youth Support Team and the Dutch Association for Foster Families took the initiative to introduce Mockingbird in the Netherlands. They received financial support for this from the National Postcode Lottery, the Oranje Fonds, and from Kinderpostzegels itself. In late 2021, Stichting Ondersteuning Pleeggezin (OP) was established to work with foster care providers, municipalities and youth care regions to implement the Mockingbird model. Public Matters helped OP identify key stakeholders, decision-makers and influencers in the foster care landscape and the opportunities and challenges in implementation.

Youth care is a sector that has been under various pressures for some time, both in terms of funding and care practice. An important observation during one of the sessions is that because of the sometimes distressing situations, there is a need for sustainable solutions, but this also results in high expectations. To manage these, it is important to scale up only once the supply of foster parents and hub home foster parents meets the demand for support.

 

Enhancing political sensitivity

A positioning issue also requires an understanding of existing political support. Following the youth care debate on 18 May 2022, MP Don Ceder (CU – Christian Party), together with MP Rens Raemakers (D66 – Liberal Democrats), tabled a motion calling on the cabinet to intensify the recruitment of foster parents and boost support for foster families. This was adopted by the entire House of Representatives. Part of the pro bono support is increasing political sensitivity so that organisations identify opportunities to better represent their interests. This motion gave cause to introduce OP as a knowledge partner in the field of foster family support and to bring the Mockingbird model to the attention of the relevant minister, in this case state secretary of Health, Maarten Van Ooijen – who had to give effect to the motion.

 

Visit by the state secretary

Working closely together, the Central Holland Region, Horizon (part of iHUB) and Foundation Supporting Foster Families managed to make the link between local and national politics. For this, OP benefited greatly from the insights we gave them on the relationship between political-official The Hague and other levels of government. Connections from the Central Holland Region and Gouda’s Social Domain councillor Anna van Popering-Kalkman (CU) resulted in a visit from party colleague and state secretary van Ooijen, who deals with youth care. On Wednesday 22 March, he visited foster parents using the Mockingbird model and expressed appreciation for the role they take on. The councillor also spoke strongly about the importance of Mockingbird following her visit. With this recognition, OP is putting the Mockingbird model on the political map as a promising initiative.

It puts OP in a good position to continue the work and shine a positive light on policy discussions in The Hague. We are proud to have played our part in this. “The support from Public Matters has helped us to see opportunities and prioritise,” said Roza Freriks, programme manager at OP.

• Yesterday (15 March, 2023) the Provincial Elections took place in the Netherlands, in which (according to the latest polls) 57,5% of eligible voters participated and voted for 12 Provincial Councils. These Councils will in turn elect the senate on 30 May. The elections strongly take on the character of ‘mid-terms’ for the Rutte-IV cabinet, with coalition parties bracing themselves for the election outcome’s impact on the government’s future. The coalition already lacks 6 seats in the Senate, and polls suggest this number may double.
• The BBB or ‘BoerBurgerBeweging’ (‘Farmer–Citizen Movement’), led by Caroline van der Plas, emerged as the clear winner of the elections. The party’s rise has been fuelled by protests against the government’s environmental policies, particularly those aimed at limiting nitrogen pollution on farms. The BBB has criticized the proposed solutions, claiming they will lead to farm closures and food production shortages. While the BBB had only secured one seat in the Lower House in 2021, the latest polls suggest that they are on track to become the biggest party in the senate with 15 out of 75 seats. This could further complicate the position of Rutte’s government in the senate,
• In addition, two left-wing parties, PvdA (Social Democrats) and GroenLinks (Greens), which are forming an alliance in the Senate, are also on course to become the biggest party in the senate. This makes the position of the current coalition government, consisting of VVD (Liberal Conservatives), CDA (Christian Democrats), D66 (Liberal Democrats) and ChristenUnie (Christian Conservatives) even more difficult, also because they are all set to lose seats.
• This shift in power will make it more complicated to pass legislation in the Senate, compounding the challenges already faced by Rutte’s coalition, which has been without a Senate majority since the 2019 Provincial Elections and must negotiate with both left-leaning opponents and a growing right-wing populist bloc.
• The Provincial Councils are scheduled to elect the Senate on 30 May this year, with the new Senators expected to attend their first meeting on 13 June. Following the European elections in May 2024, the next Dutch elections concern the Lower House in 2025.
• These elections were also about voting for members of the Waterschappen (‘Water Authorities’), which are responsible for managing water resources and protecting the country from flooding, particularly in the face of climate change.
• The table below shows the preliminary results of yesterday’s Provincial Elections compared to the results of the municipal elections of 2022. It should be noted that the figures of the 2023 elections are preliminary, as not all votes have been processed yet.

Party	Municipal Elections (2022)	Provincial Elections (2023) preliminary results
BBB – Farmer–Citizen Movement	0.64%	19.5%
VVD – Liberal Conservatives	11.7%	11.1%
CDA – Christian Democrats	11.2%	6.7%
D66 – Liberal Democrats	8.8%	6.4%
GroenLinks – Greens	8.5%	8.8%
PvdA – Social Democrats	7.9%	7.9%
ChristenUnie – Christian Conservatives	3.9%	3.6%
SP – Socialist Party	2.8%	4.3%
SGP – Christian Conservatives	2.3%	2.7%
Partij voor de Dieren – Animal Party	2%	4.7%
FvD – Forum for Democracy	1.1%	3.1%
DENK – Pro-immigrant Party	1%	0.6%
PVV – Freedom Party	0.9%	5.8%
Volt – Pro-European party	0.8%	2.9%
50PLUS – Elderly Party	0.6%	2.3%
BVNL – Conservative right-wing	0.3%	1.0%
JA21	0.2%	4.51%

As of 1 February, Public Matters has welcomed two new colleagues: Sheraz Joemmanbaks is our new Specialist Finance & Control, and Paul Schrama has started as Account Executive.

Sheraz Joemmanbaks

Sheraz has over 25 years of experience in the financial sector. For 12 years, he has worked as a finance manager at Staffing Management Services BV, which was acquired by Headfirst Group in 2018. He was then financial manager at Compagnon B.V.

Sheraz will be responsible for financial administration at Public Matters, supporting management with financial reports and analysis.

Paul Schrama

Paul got his master’s degree in Public Sector Management with a specialisation in Public Affairs from Leiden University, and wrote his thesis on lobbying regulation and the lobby register in the Netherlands. He previously gained experience in public affairs at the Dutch Startup Association and as a trainee at Public Matters.

Paul will focus mainly on tech and sustainability issues at Public Matters.

2023 is off to a busy start in The Hague and Brussels, and we are therefore very happy with our new colleagues. We wish them all the best in their new roles!

Despite various calls and efforts in recent years from, among others, international organisations, civil society and politicians, to develop due diligence legislation, the subject has only recently become a hot topic. The media is full of opinions and contributions from both supporters and opponents. What is striking here is that there seems to be a lot of confusion and misunderstanding about such legislation. This does not always help the dialogue on the importance and development of due diligence legislation. While where it is crucial that companies, politicians, scientists and civil society work together to find a clear solution that is in everyone’s interest.

Confusion is fuelled by the fact that in the Netherlands there are currently three parallel legislative processes for due diligence, each with a different interpretation: an initiative bill by MPs, a cabinet bill and EU legislation. This blog seeks to shed light on what these processes entail.

 

Due diligence legislation in a nutshell

The essence of such legislation is that companies exercise due diligence and take measures to identify, prevent and address potential human rights and environmental risks in their international operations and supply chains. Several international guidelines exist for this purpose, such as the UN Guiding Principles on Business and Human Rights. In 2011, the OECD (Organisation for Economic Co-operation and Development) introduced guidelines for international companies to be transparent about their value chain. These guidelines provide guidance on how to deal with issues such as chain responsibility, transparency and reporting, corruption, human rights, child labour, exploitation, animal welfare and the environment. These guidelines have become the international standards framework for corporate responsibility. The Netherlands and 37 other countries are members of the OECD and thus subscribe to these guidelines.

 

Quibbles: law or no law?

There have been many discussions in the House of Representatives between proponents and opponents about the need for due diligence legislation, its scope and implications. In the Netherlands, for instance, initiatives and sectoral cooperation in the form of covenants have existed for some time. In recent years, therefore, the legal enshrinement has been the main point of debate, especially its content.

What is particularly striking in this debate is that it is dominated by the question of whether it is wise to proactively develop national legislation or, on the contrary, to fully commit to the development of EU legislation. Partly due to a protracted debate on this, MPs were already developing an initiative bill for national legislation in early 2021. This is also central to the revived debate between proponents and critics, where more and more parties are voicing their opinions.

Supporters of due diligence legislation want legislation in line with the OECD Guidelines and argue that companies have a responsibility to ensure that their actions do not contribute to violations of human and environmental rights, and that due diligence is an important tool to hold companies accountable for their actions. They also argue that due diligence legislation is important to create a level playing field for business and to stop frontrunners from being disadvantaged. EU legislation is preferable but takes too long, they say. Therefore, until such legislation is in place, national legislation offers a solution.

 

Critics argue that legislation could negatively affect the position and competitiveness of business on the international playing field where legislation would not apply to foreign parties, therefore due diligence legislation should at least be regulated at EU level. There are also fears of a patchwork of different legislation, unclearly worded regulations resulting in all possible legal consequences and fears of a paper reality that diverts resources from important business activities and actual impact.

 

The Achilles heel of the EU

The Dutch cabinet is in favour of due diligence legislation at EU level and in recent years, under the leadership of the ministry of Foreign Affairs and under the supervision of then ministers for foreign trade and development cooperation (BHOS) Sigrid Kaag, Tom de Bruijn and current minister Liesje Schreinemacher, has pushed for swift development of this. After yet another delay in the publication of a EU directive, patience with Brussels ran out and it was decided – due to considerable pressure from the House of Representatives – to develop national legislation in parallel with EU legislation. This to be prepared for rapid implementation and to simulate the development of EU legislation by setting the right example. In doing so, the cabinet aims for such legislation to be effective, clear and enforceable. Accordingly, the Rutte IV coalition agreement stipulated that the Netherlands is committed to EU due diligence legislation and will introduce national legislation that takes into account a level playing field with neighbouring countries and implementation of these EU regulations.

Finally, in February 2022, the European Commission published a proposal for the Corporate Sustainability Due Diligence Directive (CSDDD), which mandates the application of due diligence for large companies operating in the EU market. Last December 2022, the Council adopted a watered-down version, which, among other things, no longer holds civic liability and limited the scope of the proposal. Interestingly, the Netherlands voted against this compromise because it fell short of the Dutch commitment. Nevertheless, the cabinet remains committed to EU legislation. Currently, the European Parliament is considering the proposal and trialogues (negotiations between the Commission, Parliament and EU member states) are likely to start in May 2023, where another fierce discussion is expected. The Commission’s ambition is to reach an agreement before the 2024 elections, this because after that the European Parliament might have a very different composition with different thoughts on due diligence legislation.

 

An initiative from the Dutch House of Representatives

Despite the fact that the Dutch cabinet is working on its own bill, these preparations were temporarily halted in November 2022 when MPs Stieneke van der Graaf (Christen Unie – Christian Union), Jasper van Dijk (SP – Socialist Party), Joris Thijssen (PvdA – Labour Party), Tom van der Lee (GroenLinks – Green Party), Marieke Koekkoek (Volt Netherlands) and Alexander Hammelburg (D66 – Liberal Democrats) tabled an initiative proposal. According to the initiators, the development of both national and EU legislation is taking too long. The initiative bill has been worked on for a long time by the political groups and is partly based on advice from the Council of State (RvS) and the Commission’s proposal. The question is whether there will be a majority for the initiative in both the House of Representatives and the Senate. For instance, the House of Representative was divided during the parliamentary roundtable discussion (18/1) organised recently, which was preceded by a considerable media storm in which supporters and opponents stirred. Minister Schreinemacher is currently in talks with the initiators to explore options for possible synergy and a widely supported cabinet proposal. More information on this is expected by summer.

 

Cabinet plays crucial role in decision-making and constructive dialogue

The discussion that has recently flared up in the Netherlands revolves mainly around the MPs initiative bill. This while, at the same time, discussions on EU legislation are currently still ongoing and the cabinet is expected to publish its own bill this summer. Each of these bills has its own unique characteristics and challenges, and it is therefore important to understand it in the right context. The debate around due diligence legislation therefore underscores the importance of and need for clear and unambiguous legislation.

Although on the late side, it is positive that more politicians, companies and other organisations seem to have woken up and are feeding the discussion. Therefore, in the coming period, interest representation can play an important role in creating support and mutual understanding. The cabinet, and minister Schreinemacher in particular, has a crucial role to play in connecting politicians, business, academics and civil society to not only reach agreement on which direction due diligence legislation is going, but also to ensure constructive dialogue. A good starting point for this was the international conference on due diligence organised by minister Schreinemacher (23/1), which brought together, among others, European Commissioner Didier Reynders (responsible for the due diligence dossier), MEP Lara Wolters (rapporteur for the dossier), representatives of neighbouring countries and the business community to exchange views.

Although there is much debate about the potential impact of such legislation, it is clear that there is a growing need for corporate responsibility and transparency to ensure a fair and sustainable future for all of us. Whether through a MPs initiative, the Dutch cabinet or Brussels, legislation will follow.

 

Public Matters informs and advises companies and organisations on, among other things, due diligence legislation and similar (international) legislation for business activities. Check our website for more information or contact us to see how we can support you.

The past French and Czech presidencies were marked by crisis after crisis, something that will not change for the Swedes. The invasion of Ukraine has been the overarching theme in the European Union, combined with the ensuing refugee influx from and direct aid to Ukraine. This crisis has had major impacts on European energy supplies. On the one hand, there is concern about massively increased gas and electricity prices; on the other, as a result the transition to green energy sources has gained momentum. In this blog, colleagues Valérie Mendes de León and Rosan Speek look ahead to Sweden’s EU presidency next semester and what priorities Sweden will be working on.

Brussels has not been the only one to see major changes in recent months, Sweden itself has had a political landslide. Whereas Scandinavian countries are known as progressive and left-wing, Sweden has had a (centre-)right minority government with tacit support from the radical right since October. The cabinet has not been so right-wing since the 1980s, with the notable exception of 1991-1994 and 2006-2014. During the presentation of their work programme, the Swedes received criticism that their right-wing government would water down ambitious EU plans, especially concerning sustainability. To this, brand-new Swedish Prime Minister Ulf Kristersson responded diplomatically: “The aim of the government is to ensure that the EU can agree, so that we can get things done, that is the job of the presidency”.

Priorities and expectations

During the presentation of Sweden’s work programme, a number of topics were identified as priorities. At the forefront are still the crises which the EU has faced in the last year: the Ukraine crisis, the highest inflation since World War II, the energy crisis and the climate crisis. The Swedes will take over from the Czechs as “crisis president”, with energy supplies remaining top priority in the upcoming cold winter months. In addition, Prime Minister Kristersson mentioned the following topics to guide their programme: security, resilience, prosperity, rule of law and democratic values. Their work programme then elaborates on the priorities, three of which we will highlight below: energy, trade and digital.

Energy

Energy as a broad topic is one of the four top priorities of the Swedish presidency. This is not only about supply, but also about the (green) transition. Over the past six months, several measures and transitions have already (necessarily) found their way through the Czech presidency. For instance, at the very end of their presidency, the Czech Republic managed to strike a deal on the reform of the Emissions Trading Scheme (ETS) and the creation of a Social Climate Fund (SCF). A deal was also reached in the EU Energy Council on a temporary gas price cap, with far-reaching European cooperation between member states. This prompts curiosity about how Sweden will follow this up, especially with winter approaching.

For Sweden, besides the gas price cap and sufficient energy supply, the “Fit-for-55” package will be central. In its implementation, it is important that the EU can achieve its climate neutrality target by 2050. The presidency will continue to push forward the trilogue negotiations on the Renewable Energy Directive and Energy Efficiency Directive proposals. The Swedish presidency’s programme states that the implementation of the “Fit-for-55” package requires a regulatory framework, which they will work on. It is important that the EU continues to have high ambitions, but also takes into account that member states are in different positions to help achieve its 2030 energy targets.

Trade

On the trade front, the Swedes are experiencing tension both internally and externally. The European Union is necessarily focusing its full attention on the current supply problems caused by the war in Ukraine. In recent months, supplies of essential raw materials and essential food items such as oil and grain declined sharply. The Swedes see it as their task to nevertheless increase the economic resilience of the single European market.

Sweden is characterized by their liberal trade agenda, something that is being challenged by protectionist US investments and increasing power of the Chinese market. The European Union will have to invest in European industry in these already expensive times to keep Europe competitive with the United States. President Biden recently introduced the Inflation Reduction Act with $369 billion in state subsidies and tax breaks for US industry. As a counter, Europe is discussing safeguards for its own industries to protect them from this outside pressure. There is also a new impetus to continue investing in European industry and manufacturing due to the current supply issues.

Digital

Unlike their predecessor’s prioritization, digital policy is fairly low on the Swedes’ working agenda. This may be because many big digital policies have been already developed in the past year, think of the DMA, DSA, Data Act and AI Act. The topics that do get mentioned are quite vaguely outlined and are mainly shaped by the war in Ukraine (such as cybersecurity and the regulation of political advertisements). Nonetheless, there are indeed big topics on the agenda over the next six months: trilogues are expected on eGovernance, the Data Act and the AI Act, but progress is also planned on telecoms and ePrivacy. One of the more complex files in the coming six months is the ‘Regulation for the prevention and protection of online child sexual abuse material’. Member states take divergent positions on this, with the Swedish presidency acting as an ‘honest broker’.

Conclusion

Ahead of the handover from Prague to Stockholm, experts have raised concerns about the Swedish government’s right-wing domestic political influence on the work of the next EU presidency. Given the trend of radical right-wing parties in governments across Europe, this presidency will serve as an example of how this could play out. The challenging dossiers on the above priorities are just a fraction of all the issues that will be under review over the next six months. Curious about what this presidency means for your organization? Let’s get in touch.