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The Ministry and the underlying agencies, but also the courts, law schools and all Norwegian governments since 1994. The Blindsonen investigative report, which was released in August, blames virtually the entire public sector in Norway for the scandal of the social security that has affected more than 4,000 people and 75 incorrect rulings in the judiciary.
On Tuesday, the Minister of Labor and Social Affairs, Henrik Asheim, will meet at the Storting to explain the Nav scandal.
– It has failed in many parts and many have to assume their share of the blame, but I will reject the pulverization of responsibility with this: the general political responsibility is mine and that of the government. The responsibility is ours, Asheim tells Dagbladet.
– The system against the little man
– hypothetical
The investigative committee chaired by law professor Finn Arnesen unanimously asserts that the ministry, Nav, and the courts have incorrectly practiced social security law since 2012. Most of the committee believes the incorrect practice dates back to when it was introduced the EEA agreement in 1994.
The criticism goes beyond Nav, which according to the report showed a “lack of alert culture, spraying of responsibility and an unacceptable lack of proactivity.” But the Ministry of Labor also manages to make the hat look good.
– The main responsibility lies with Nav and the ministry, Finn Arnesen said when the report was presented in August.
At the time of the scandal, the director of Sigrun Vågeng Nav and the conservative Anniken Hauglie were Minister of Labor. Both have now been replaced.
– Could Hauglie have stood still now that we know what the Nav researchers concluded?
– The ministers live off the confidence of the Storting, so this becomes hypothetical. But I think you can’t pinpoint a specific minister or a particular regime in a case where there have undoubtedly been flaws in many parts, says Asheim.
– The murder could have been prevented
LO is among those who have criticized the government for pointing out a general failure of the system rather than clearly taking responsibility for itself.
– We go a long way in suggesting that the government has actively instructed or looked through its fingers at things that really should be addressed, because it fits with the broader political system, said LO attorney and attorney leader Atle Sønsteli Johansen to Klassekampen earlier in the fall.
Asheim rejects the claim that the government is not responsible.
– There is no doubt that the government has overall political responsibility. Anniken Hauglie emphasized at the control hearing at the Storting that the ministry should have asked several questions earlier. It is quite obvious.
– At the same time, it is correct to say that it failed in many respects, without this being an attempt to pulverize responsibility. All the more important that we work systematically to prevent something similar from happening again.
– A mockery of the victims
Three measures
In his report to the Storting, Asheim will summarize the responses from the round of inquiries on the investigative report.
At the same time, it will target three concrete measures so that something similar does not happen again:
– Obviously, there is a need to make visible where EEA legislation takes precedence over Norwegian legislation on social security. It has not come out clear enough. Because the core of what researchers call the blind spot is precisely this: Decisions have been made where EEA law prevails, which has not been captured by Nav, the courts, or the ministry, he says.
Asheim further believes that the EEA’s competence should be strengthened in the ministries, at Nav, in the judicial system and in educational institutions.
– It is not enough to have knowledge of social security law or EEA law, you have to understand the connections. Also, we need to have a better management dialogue with Nav, says Asheim.
He hopes that the leadership in the future will raise issues where there is uncertainty more quickly, right down to the ministry.
– Don’t agree on everything
– Hurt
According to Asheim, 895 people have so far had their decisions overturned by Nav after the social security scandal broke. These are people who have previously received claims for reimbursement of benefits, claims that are now unjustified.
In addition, Nav reversed the decision of 1,495 people to suspend payment of benefits, because the decision has been shown to be inconsistent with EEA law.
So far, Nav has paid NOK 69 million. Debts of NOK 55 million were canceled. But we haven’t gotten to that point yet, Asheim says.
It notes that the Attorney General has suspended all relevant criminal cases pending a decision in the Supreme Court, which will only happen after the EFTA Court has issued a statement of advisory interpretation.
– What do you want to say to the people affected by this scandal?
– It is very painful that this can happen. These are people who have had the right on your side. Many have received an incorrect judgment or have had to return money to which they were actually entitled. That’s why the work we’re doing now, cleaning up, is so important, says Asheim.
He is Minister of Labor until the New Year, during Torbjørn Røe Isaksen’s parental leave. The victims of Nav have already received an apology from the government, including the Prime Minister, for the injustice they have suffered.
