US embassy cable - 04THEHAGUE2145

S E C R E T SECTION 01 OF 02 THE HAGUE 002145 
 
SIPDIS 
 
E.O. 12958: DECL: 08/26/2014 
TAGS: PTER, PGOV, PINR, NL 
SUBJECT: DUTCH C/T COORDINATOR PUSHES REORGANIZATION PLAN 
WITH PM SUPPORT 
 
REF: A. THE HAGUE 1847 
     B. THE HAGUE 1595 
     C. THE HAGUE 1167 
     D. 03 THE HAGUE 1858 
 
Classified By: CDA DANIEL RUSSEL FOR REASONS 1.4 (B) AND (D). 
 
1. (C) SUMMARY: C/T Coordinator Joustra won the backing of the Prime 
Minister for the outline of his plan to create a new Counter terrorism 
agency by Jan. 1, 2005.  This may overcome the resistance of the 
(pro-status quo) Interior Minister and bolster the hand of Justice 
Minister Donner, who as Coordinating Minister for Counter terrorism has 
been pushing for new structures and laws to better integrate Dutch 
security agencies and give the central government badly needed authorit 
over local administrators.  A cabinet meeting, perhaps as early as 
September 3, would announce the new plan and approve the formation of 
the new C/T Coordination office, expected to number about 70 people and 
to be headed by Joustra.  The PM also asked Joustra begin "to think big 
about proposals for a future "Ministry for Security."  END SUMMARY. 
 
INTERIOR CONCERNS/PM SUPPORT 
 
2. (C) Dutch C/T Coordinator Tjibbe Joustra brought CDA up to date on 
the progress of his plan to re-organize and improve Dutch C/T efforts 
(creating a new agency to integrate C/T policy, threat analysis and 
operations under a senior coordinator - reftel A).  Joustra discussed 
the plan with Prime Minister Balkenende, Justice Minister Donner and 
Interior Minister Remkes August 23.  Remkes had serious objections to 
Joustra's proposal allowing the Justice Minister to issue orders on C/T 
matters to the police (who are under the control of Interior).  Joustra 
admitted to CDA this was a touchy subject and he had developed a 
complicated formula to address the Interior Ministry's concerns.  The 
PM, however, endorsed Joustra's initial stronger proposal.  The PM 
wanted the C/T Coordinating Minister, the Justice Minister, to have 
more, not less, authority.  He also wanted the new position of C/T 
Coordinator strengthened as well, in order to avoid interagency 
stalemate.  Finally, the PM reportedly asked Joustra to start 
thinking about a proposal to create a "Ministry for Security" 
in the future - perhaps as the next big step in resolving the 
jurisdictional tug-of-war between the Justice and Interior 
Ministries. 
 
3. (S) Interior Secretary General Holtslag had previewed 
Minister Remkes' concerns about Joustra's new C/T structure 
when he met with CDA August 20.  Holtslag warned Joustra's 
proposal was "too ambitious" and risked becoming a political 
controversy and thus getting bogged down.  Traditionally the 
Interior Ministry has authority over crisis management, the 
police budget, and oversight of the AIVD (security service). 
Holtslag admitted that Joustra's plan would move forward in 
some form, and noted that the weekly meetings Joustra had 
instituted already represented a major breakthrough in 
inter-agency cooperation and communication.  The Ministers of 
Interior and Justice, plus their respective Secretaries 
General (top civil servants) now met each week with Joustra and the 
head of the AIVD.  This was one instance of a necessary 
"change in the culture," he said. 
 
Next Steps 
 
4. (C) Joustra estimated that at a weekly Friday cabinet 
meeting, probably as early as September 3, the proposal -- which he 
is retuning based on comments from the PM and other Ministers 
-- will receive final approval by the Council of Ministers. 
The PM will then announce the plan during his usual post-Council press 
briefing.  On September 6, Justice Minister Donner plans to convene a 
"kick off" meeting of the affected Ministries brief the plan and try to 
achieve inter-ministry buy-in.  Joustra is fairly confident that the 
new office or agency will be in place by January 1 -- an ambitious 
agenda. A senior parliamentarian familiar with the issue confirmed 
that Joustra himself would almost certainly become the first C/T 
coordinator. 
 
5. (S) Joustra told CDA he faced the challenge of identifying 
good people within the Dutch law enforcement and intelligence 
community and said he planned to consult with us "off the 
record" on personnel for the new C/T agency, given Embassy's 
experience with C/T players in the Netherlands.  He also asked to meet 
with incoming ROAL chief to discuss his plans for the design 
of the intelligence analysis unit within the new C/T agency. 
Joustra also promised to share final details of the 
plan, if possible prior to the PM's announcement. 
 
Legislation 
 
7. (SBU) Joustra's re-organization plan will include new legislation, 
supplementing recently adopted measures.  On August 10, the promised Ac 
on Terrorist Crimes went into effect.  This act criminalized recruiting 
fighters for the Islamic jihad and conspiracy to commit terrorist acts. 
It also increases the maximum prison sentences for serious crimes (e.g. 
homicide, hijacking) if committed with a "terrorist purpose." (reftel 
D.)  Another legal milestone occurred on June 21, when The Hague Appeal 
Court allowed the use of intelligence information by the prosecution - 
in the investigation and in court as evidence - under certain 
circumstances (reftel B).  Justice Minister Donner plans legislation to 
prohibit organizations designated on the UN terrorist list from 
operating in the Netherlands (currently only assets are frozen and 
fundraising prohibited)(reftel C). Interior Minister Remkes has also 
indicated that he plans to submit a bill that will give the AIVD more 
access to police information. 
RUSSEL