DUTCH C/T COORDINATOR PUSHES REORGANIZATION PLAN

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