Anti-terrorism legislation to the House of Representatives

At the proposal of the Minister of Security and Justice and the Minister of the Interior and Kingdom Relations, the Cabinet decided to submit to the House of Representatives four legislative proposals from the action programme "Integral approach to jihadism". The aim of this programme is to protect the democratic constitutional state, combat and weaken the jihadist movement in the Netherlands, and remove the breeding ground for radicalisation. This programme contains both preventive and repressive measures. Both are of great importance to the government.

This concerns first and foremost the Temporary Administrative Measures for Combating Terrorism Act. On the basis of this bill, the government can impose an obligation to report, an area ban or a contact ban on the grounds of conduct that can be associated with or supported by terrorist activities. For example, contacts with other radicalised persons, combined with a striking interest in certain objects or events.

These are individuals returning from the jihadist battleground and posing a threat to national security. Individuals who have not travelled to join a terrorist battle group may also have become highly radicalised and may also be prepared to use violence. Measures can only be imposed if necessary to protect national security.

A second bill, from the Minister of the Interior and Kingdom Relations, provides for passports and identity cards to expire automatically if an exit ban is imposed by the Minister of Security and Justice. The aim is to prevent people from leaving for jihad zones. The possibility of imposing an exit ban is regulated in the Temporary Act on Administrative Measures to Combat Terrorism.

The Cabinet is also sending a bill to the House of Representatives that will allow the Minister of Security and Justice to withdraw Dutch citizenship, without prior criminal conviction, from jihadists with dual nationality who are fighting with a terrorist organisation abroad. After all, when they return to the Netherlands, these jihadists can pose a direct threat to national security. In such cases, a swift response is required and withdrawal of Dutch citizenship cannot wait until someone has returned and been convicted.

The fourth and final bill concerns the strengthening of the detection of computer crime. At present there are insufficient possibilities, for example, to trace passwords, undo encryption of data and prevent illegal actions by terrorist organisations on the Internet. Public prosecutors and police can remotely conduct covert investigations into the computers of criminals or terrorists and - if necessary - record (copy) or make data inaccessible. This is what is known as 'investigation in a computerised work', which allows investigating officers, under strict conditions, to apply certain investigative acts to the detection of serious offences. This involves not only making or recording data inaccessible, but also observation and interception of communications.

Source: Rijksoverheid.nl (News item | 27-11-2015 | 15:30)