Third Balkenende cabinet

On 27 October 2005, a fire erupted at a detention center at Amsterdam Airport Schiphol, resulting in the death of 11 detainees from foreign countries. From the start, doubts were shed on the organisation of the involved government agencies. On 21 September 2006, the Dutch Safety Board presented the final report on the problems in the Schiphol prison. The report explicitly stated that "fewer or even no casualties" would have occurred if the government had upheld the legal safety standards. Based on these harsh conclusions, Minister of Justice Piet Hein Donner (CDA) responsible for prisons, and

Minister of Housing, Spatial Planning and the Environment Sybilla Dekker (VVD), responsible for government buildings resigned immediately. The mayor of Haarlemmermeer Fons Hertog, the community in which Amsterdam Airport Schiphol, is located resigned at the same day.

On 22 September 2006, two new ministers were assigned to the posts left by Donner and Dekker. Ernst Hirsch Ballin of the CDA was the new Minister of Justice. During a much earlier third Lubbers cabinet, he had held the same position, from which he resigned in 1994 after the IRT-affair. Until his appointment as Minister of Justice, he had been the president of the Council of State. A former Minister of the Environment in the first Lubbers cabinet, VVD member Pieter Winsemius resigned as a member of the Scientific Council for Government Policy and replaced Dekker as housing minister.[3]

On 30 November 2006, the new parliament was sworn in, including several members of the then demissionary cabinet. Because of the election results, this House of Representatives had a majority of parties that opposed the course of the third cabinet Balkenende on important issues. One important election issue was an amnesty for a specific group of asylum seekers. This group originally consisted of 26.000 and later 38.000 people who had been in an administrative immigration process since 2001, and many of their children were raised exclusively in the Netherlands. The Minister for Integration and Immigration Rita Verdonk was looking into each of these dossiers to assess their future: either expulsion or permanent residence. On 1 December, the new House of Representatives adopted a motion to suspend all expulsions of asylum seekers from this group until a final decision on a general amnesty was made. Balkenende reacted annoyed as he stated that this ad hoc left-wing coalition (including PvdA and SP) was not a good basis for negotiations for a stable government.[4] On 5 December, the cabinet declared not to execute this motion for three reasons: first, it claimed that a parliament which deals with a care taker cabinet cannot demand that cabinet to implement new policies; second, it argued that a general amnesty would attract more asylum seeker; third, it raised several questions on what specific groups of asylum seekers should be amnestied and what the legal consequences would be for other groups not included in the amnesty. Minister Verdonk did announce that the expulsion would be suspended until the next parliamentary debate.[5] A majority in the House of Representatives now proposed to stop the expulsion of asylum seekers until formation talks for a new government were finished, and to allow the formation talks to solve this issue. Again, the cabinet refused to execute this motion.[6][7] On 13 December, the House of Representatives decided to respond to this unwillingness by a motion of no confidence specifically oriented at Minister Verdonk. The leader of the VVD, Mark Rutte announced that if Minister Verdonk would be forced to leave the cabinet all VVD ministers would leave: leaving only seven CDA ministers in the cabinet. On 14 December, the cabinet held a meeting on how to respond to this motion: the cabinet found a solution in a portfolio reshuffle between Verdonk and Ernst Hirsch Balin, the Minister of Justice, who became responsible for immigration, while Verdonk became responsible for youth criminality. Hirsh Balin could then partially execute the House of Representatives motion calling for a temporary halt to expulsions, while the VVD could voice its opposition to this decision, breaking the principle that cabinets speak with one voice.[8]