Mink Commission

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The Mink Commission (Danish: Minkkommissionen) formally the Commission of Inquiry into the Case of the Culling of Mink (Danish: Granskningskommissionen om sagen om aflivning af mink) is a Danish investigative commission set up by a majority in the Folketing in 2020 to investigate The Mink Case (Danish: Minksagen); the culling of all minks in Denmark during the COVID-19 pandemic. It began its work on 23 April 2021. The commission consists of national judge Michael Kistrup, who is chairman, as well as law professor Helle Krunke from the University of Copenhagen and lawyer Ole Spiermann from the firm Bruun & Hjejle.

Contents

The Commission delivered its report on 30 June 2022, [1] stating that the killing of all Danish mink had no legal justification, and that Prime Minister Mette Frederiksen and the Danish government, particularly former Minister for Food, Mogens Jensen, had "grossly misled" the public, however it also stated that Frederiksen was not aware of the lack of legal basis when she publicly announced the culling. [2] [3] The report led the Social Liberals to threaten to rescind their support for the coalition government (thus resulting in a vote of no confidence) unless it called for a general election. [4] A general election was held on 1 November 2022. [4]

Background

The Danish government, led by the Prime Minister, held a press conference on 4 November 2020 as part of the handling of the Coronavirus pandemic. At the press conference, it was announced that it had been decided that all mink in Denmark should be killed due to concerns that the Cluster 5 mutation, which was found in mink and had been transmitted to humans, would have a reduced effect on the at that time coming vaccines against COVID-19. [5]

Following the decision, several law professors criticized the decision for not having the necessary legal authority, and called it a violation of the Constitution. [6] [7] [8]

Based on the criticism, the Folketing initiated an independent investigation into the killing of healthy mink, [9] and a political majority decided on 10 December 2020 to set up an investigation commission to investigate the Mink case. [10]

Terms of reference

According to the Terms of reference of a commission of inquiry into the case of the killing of mink, the commission has the task of: [11]

investigate and account for the overall course of events and for the actions and involvement of all relevant authorities and ministers in the decision and execution of the decision that all mink in Denmark as part of the efforts to combat covid-19 should be killed immediately

(translated)

The commission will focus in particular on the 14 days leading up to the press conference, where the decision was announced to the public, as well as how ministers and other relevant people reacted when they became aware of problems with a lack of legal authority. Furthermore, an independent assessment must be made of whether there was legal authority to make the decision and whether anyone can be held legally responsible for the process. However, the responsibilities of any ministers are not to be assessed. The health or veterinary basis for making the decision itself is not part of the commission's investigation. [11]

On 19 November 2021, the Folketing's Scrutiny Committee adopted an additional terms of reference, according to which the commission will investigate the police's use of an action card, which the police used to speak from when they called mink breeders with information that mink should be killed. It must be investigated by whom and why it was decided that the police should contact mink breeders outside infection zones and who decided to prepare the action card and when. [12]

Investigation

Following the commission's initial work on the review of around one million documents, [13] the commission began questioning witnesses on 7 October 2021. [14] A total of 74 people have testified, including 7 ministers, 3 special advisers, 55 officials, 7 police officers and 2 people associated with the mink industry. [15] The questioning took place at the District Court of Frederiksberg.

Report

On 31 May 2022, Ekstra-Bladet learned that the Mink Commission will criticize the Prime Minister's Office with Prime Minister Mette Frederiksen and Head of Department Barbara Bertelsen at the top, and will give harsh criticism to the Ministry of Food, Agriculture and Fisheries, with former Minister of Food, Agriculture and Fisheries Mogens Jensen at the top. [16]

The Mink Commission submitted its report to the parliament's Scrutiny Committee on 30 June 2022, and determined that there was no legal authority to demand that all mink be killed, and found that Prime Minister Mette Frederiksen grossly misled the population on the press conference on 4 November 2020.

Despite the fact that Mette Frederiksen objectively misled the population, the commission concluded that she did not subjectively know it or intend to: [2]

The Commission thus finds that Mette Frederiksen's statements at the press conference on 4 November 2020 were objectively grossly misleading, but that Mette Frederiksen subjectively had no knowledge of this or intention to do so.

[17]

The Commission stated that the Prime Minister's Office had acted "very reprehensibly" and that the Ministry of Food, Agriculture and Fisheries had acted "extremely reprehensibly", and found that 10 officials could be held accountable for negligence and misconduct, including the Head of Department of the Prime Minister's Office Barbara Bertelsen, Head of Department of the Ministry of Food, Agriculture and Fisheries Henrik Studsgaard, Head of Department of the Ministry of Justice Johan Legarth and National Police Chief Thorkild Fogde. [18] [19]

The Commission concludes in summary on the role of the Prime Minister's Office: [20]

The Prime Minister's Office assumed an overall and governing role in the forced process, which led up to the press conference on 4 November 2020, and that the Prime Minister led the press conference and herself announced the government's decision to cull all mink, even though the decision came under the Ministry of Food, Agriculture and Fisheries. The announcement was grossly misleading in view of the lack of legal authority for the culling of mink outside the safety zones.
[...]
Overall, it is the Commission's assessment that the Prime Minister's Office has acted very reprehensible in the process, which led to the gross misleading of mink breeders and the public and the clearly illegal instruction to authorities in connection with the press conference on 4 November 2020.

The commission also found that as part of the process, former Minister of Food, Agriculture and Fisheries, Mogens Jensen, submitted incorrect information to the Folketing, as the Commission in the report finds that the then Minister became aware of the lack of legal authority on 5 November 2020, but in a hearing in the Folketing on 11 November 2020 states that this happened "during the weekend". [21]

List of officials

List of the 10 officials determined to have committed misconduct [22]
NamePositionMinistry/AgencyDisciplinary sanction
Barbara BertelsenHead of DepartmentPrime Minister's OfficeWarning
Henrik StudsgaardHead of DepartmentMinistry of Food, Agriculture and FisheriesRelieved of duty and summoned to official interrogation
Johan LegarthHead of DepartmentMinistry of JusticeReprimand
Anne-Mette Lyhne JensenDivision managerMinistry of JusticeWarning
Tejs BinderupDivision managerMinistry of Food, Agriculture and FisheriesWarning
Paolo DrostbyOffice managerMinistry of Food, Agriculture and FisheriesWarning
Thorkild FogdeNational Police ChiefDanish National PoliceRelieved of duty and summoned to official interrogation
Uffe StormlyPolice inspectorDanish National PoliceWarning
Birgitte BuchLegal section managerDanish National PoliceWarning
Hanne LarsenVeterinary DirectorThe Danish Veterinary and Food AdministrationWarning

Aftermath

Already two days before the publication of the commission's report, Mette Frederiksen announced that she expected a "fierce criticism" of the government, but at the same time concluded that there was no basis for proceeding with an attorney assessment of whether a minister had incurred any criminal accountability. [23] This is in continuation of the fact that Weekendavisen on 23 June 2022 had published a draft of the report from the Mink Commission, which contained harsh criticism of the Ministry of Food, Agriculture and Fisheries and the Prime Minister's Office. [24] On the same day as the commission's report was published, all right-wing parties announced that they supported an attorney assessment, [25] while the Red–Green Alliance protected the government. [26] Furthermore, New Right announced that the party had started a fundraiser to initiate its own attorney assessment of the commission report. [27] In addition, Mette Frederiksen convened a press conference on the commission's report the following day. [28]

The next day, the Green Left rejected an attorney assessment, [29] while Mette Frederiksen acquitted herself at the press conference. [30] She also announced that the cases concerning the 10 officials had been sent to the Danish Employee and Competence Agency, a governmental agency tasked with HR functions, for advice on whether disciplinary sanctions should be imposed and, if so, which ones. [31]

On 2 July 2022, the Social Liberal Party also announced that they did not believe that an attorney assessment should be carried out, whereby there was no majority in the parliament to initiate one. In return, the Social Liberal Party issued an ultimatum that Mette Frederiksen should call a general election after the summer holidays, and at the opening of the parliament on 4 October 2022 at the latest. [32] Otherwise, the party will vote for a no-confidence motion against Mette Frederiksen. [33]

On 13 July 2022, New Right announced that the party had raised enough money for an attorney's assessment of a possible minister accountability. [34]

On 24 August 2022, following advice from the Danish Employee and Competence Agency, Barbara Bertelsen was given a disciplinary warning, Johan Legarth a reprimand, and Thorkild Fogde and Henrik Studsgaard were relieved of duty and summoned to official hearings. [35]

On 20 September 2022 Uffe Stormly and Birgitte Buch further both received a disciplinary warning. [36]

On 22 September 2022 Tejs Binderup, Paolo Drostby and Hanne Larsen too all received disciplinary warnings, [37] and the attorney assessment set up by New Right was published, and came to the conclusion that it can be expected that Mette Frederiksen and Mogens Jensen will be convicted of gross negligence, according to Section 5 of the Minister Responsibility Act, in an impeachment case. [38] [39]

On 31 October 2022 the Danish Employee and Competence Agency announced that national judges Jens Hartig Danielsen, Annette Dellgren and the retired Supreme Court President Thomas Rørdam will be in charge of the official interrogations of suspended National Police Chief Thorkild Fogde and Head of Department Henriks Studsgaard. The disciplinary investigations are expected to be completed in the spring 2023. [40]

On 29 November 2022 Esbjerg Municipality announced that Henrik Studsgaard will be the new director of their Technical and Environment Department from 1 January 2023, [41] which caused anger among mink breeders. [42] The following day, the Danish Employee and Competence Agency announced that the disciplinary case against Henrik Studsgaard were terminated as a result of the fact that he was no longer employed by the state. [43]

See also

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References

  1. ↑ The Mink Commission (30 June 2022). "Minkkommissionen har afgivet sin beretning" [Date for submission of a report to the Folketing] (Press release) (in Danish). Retrieved 30 June 2022.
  2. 1 2 "Minkkommissionen: Grov vildledning af Mette Frederiksen på pressemøde om minkaflivning" [Mink Commission: Gross misleading by Mette Frederiksen at press conference on mink killing]. DR (in Danish). 2022-06-30. Retrieved 2022-06-30.
  3. ↑ "Denmark's Covid mass mink cull had no legal justification, says report". the Guardian. 2022-06-30. Retrieved 2022-06-30.
  4. 1 2 Kosiara-Pedersen, Karina (2023). "Denmark: Political Developments and Data in 2022: Referendum, Election and a New Type of Government". European Journal of Political Research Political Data Yearbook. doi: 10.1111/2047-8852.12424 . ISSN   2047-8844. S2CID   263005794.
  5. ↑ "Pressemøde den 4. november 2020" [Press conference on 4 November 2020]. The Prime Minister's Office (in Danish). 2020-11-04. Retrieved 2021-10-11.
  6. ↑ Korsgaard, Kristine (10 November 2020). "Dagens overblik: Minkordre var i strid med grundloven, men støttepartier giver afdæmpet kritik" [Today's overview: Mink order was contrary to the constitution, but support parties give subdued criticism] (in Danish). Altinget . Retrieved 23 November 2020.
  7. ↑ Ritzau (2020-11-24). "Juraprofessorer: Her blev ordren om aflivning af mink ulovlig" [Law professors: Here the order to kill mink became illegal]. Nordjyske (in Danish). Det Nordjyske Mediehus. Archived from the original on 2021-08-23. Retrieved 2021-10-11.
  8. ↑ Dam, Philip Sune (2020-11-28). "Juraprofessorer: Grundloven blev brudt i minksag. Og de peger ikke kun på én regel" [Law professors: The constitution was broken in mink case. And they do not point to just one rule]. Berlingske (in Danish). Berlingske Media . Retrieved 2021-10-11.
  9. ↑ Folketingsudvalg sætter gang i uvildig undersøgelse af minksagen (Parliamentary committee initiate an independent investigation of the mink case), Altinget 11 November 2020
  10. ↑ Jørgensen, Anna Sol (10 December 2020). "Minksagen kan nu undersøges af en ny kommission, der kan indkalde både ministre og embedsfolk som vidner" [The mink case can now be investigated by a new commission that can call both ministers and officials as witnesses] (in Danish). DR Nyheder . Retrieved 10 December 2020.
  11. 1 2 Udvalget for Forretningsordenen; Granskningsudvalget (2021-04-23). "Kommissorium for en granskningskommission om sagen om aflivning af mink" [Terms of reference for a commission of inquiry into the case of the killing of mink](PDF) (in Danish). Folketinget. Retrieved 2021-10-11.
  12. ↑ Udvalget for Forretningsordenen; Granskningsudvalget (2021-11-19). "Tillægskommissorium af 19. november 2021 for Granskningskommissionen om sagen om aflivning af mink" [Additional Terms of Reference of 19 November 2021 for the Commission of Inquiry into the Case of the Killing of Mink](PDF) (in Danish). Folketinget. Retrieved 2021-11-19.
  13. ↑ Agerlin Olsen, Esben (25 October 2021). "Mink: Det ved vi efter seks dages afhøringer" [Mink: What we know after six days of questioning] (in Danish). Nordtinget. Retrieved 31 May 2022.
  14. ↑ Elkjær, Bo (7 October 2021). "Nu begynder granskningen af aflivningen af 15-17 millioner mink. Her er dét, vi mangler svar på" [Now begins the investigation of the killing of 15-17 million mink. Here's what we are missing answers on] (in Danish). Dagbladet Information. Retrieved 31 May 2022.
  15. ↑ Arp, Andreas (1 February 2022). "Fire højdepunkter fra afhøringerne i minksagen – og det helt store spørgsmål, der nu står tilbage" [Four highlights from the questioning in the mink case - and the big question that now remains] (in Danish). Altinget. Retrieved 31 May 2022.
  16. ↑ Østergaard, Janus; Foght, Thomas (31 May 2022). "Bombe under Mette og Barbara: Statsministeriet står til mink-kritik" [Bomb under Mette and Barbara: The Prime Minister's Office is facing mink criticism] (in Danish). Ekstra-Bladet. Retrieved 31 May 2022.
  17. ↑ Beretning Kapitel 8-9, afsnit 9.2.2.23.6.[Report chapter 8-9, Section 9.2.2.23.6. Side 739 [Page 739]
  18. ↑ Henriksen, Morten; Svendsen, Anders Byskov (30 June 2022). "Minkkommissionen: Grov vildledning af Mette Frederiksen på pressemøde om minkaflivning" [Mink Commission: Gross misleading by Mette Frederiksen at a press conference on mink killing]. dr.dk (in Danish). Danish Broadcasting Corporation. Retrieved 30 June 2022.
  19. ↑ Ishøy, Søren Kjellberg (30 June 2022). "Ti embedsmænd risikerer fyring: Mette F. slipper foreløbigt" [Ten officials risk dismissal: Mette F. avoids for now]. bt.dk (in Danish). Berlingske Media. Retrieved 30 June 2022.
  20. ↑ Kommission: Statsministeriets departementschef kan drages til ansvar i minksagen [Commission: Head of Department of The Prime Minister's Office can be held accountable in the mink case] Jyllands-Posten
  21. ↑ Svendsen, Anders Byskov (30 June 2022). "Minkkommissionen forkaster Mogens Jensens forklaring" [The Mink Commission rejects Mogens Jensen's explanation]. dr.dk (in Danish). Danish Broadcasting Corporation. Retrieved 30 June 2022.
  22. ↑ Lønstrup, Katrine Falk; Jensen, Laura Bejder (24 August 2022). "Her er Minkkommissionens kritik af ti embedsmænd". Altinget. Archived from the original on 28 August 2022. Retrieved 28 August 2022.
  23. ↑ Kildegaard, Kasper; Reinwald, Tobias (28 June 2022). "Nu melder Mette Frederiksen ud om minksag: Vi fortjener hård kritik – men der er ikke grund til en rigsretssag mod mig" [Now Mette Frederiksen speaks out about the mink case: We deserve harsh criticism - but there is no reason for a case at the Court of Impeachment of the Realm against me] (in Danish). Berlingske. Retrieved 2 July 2022.
  24. ↑ Hardis, Arne; Mortensen, Hans (23 June 2022). "Grov vildledning" [Gross misleading] (in Danish). Weekendavisen. Retrieved 2 July 2022.
  25. ↑ Ritzau (23 June 2022). "Blå partier vil have uvildige advokater til at se på minksagen" [Rigt-wing parties want independent attorneys to look at the mink case]. berlingske.dk (in Danish). Berlingske Media. Retrieved 2 July 2022.
  26. ↑ Christensen, Maiken Brusgaard (30 June 2022). "Enhedslisten freder Mette Frederiksen – SF og Radikale venter" [Red-Green Alliance protects Mette Frederiksen - Green Left and the Social Liberal's Part are waiting]. tv2.dk (in Danish). TV2. Retrieved 2 July 2022.
  27. ↑ Lynggaard, Emilie Haaber; Christensen, Maiken Brusgaard (1 July 2022). "Nye Borgerlige samler 300.000 kroner ind til advokatundersøgelse" [New Right raises DKK 300,000 for an attorney assesment]. tv2.dk (in Danish). TV2. Retrieved 2 July 2022.
  28. ↑ The Prime Minister's Office (1 July 2022). "Pressemøde om minkkommissionens beretning<!lang>" [Press conference on the mink commission's report] (Press release) (in Danish). Retrieved 2 July 2022.
  29. ↑ Christensen, Maiken Brusgaard (1 July 2022). "SF afviser advokatundersøgelse af minksagen" [SF rejects an attorney assessment of the mink case]. tv2.dk (in Danish). TV2. Retrieved 2 July 2022.
  30. ↑ Christensen, Maiken Brusgaard; Nielsen, Morten (1 July 2022). "Mette Frederiksen frikender sig selv – læs hele ordvekslingen med TV 2-journalist her" [Mette Frederiksen acquits herself - read the entire exchange of words with TV 2 journalist here]. tv2.dk (in Danish). TV2. Retrieved 2 July 2022.
  31. ↑ Ritzau (1 July 2022). "Regeringen vil gennemgå kritik af embedsmænd" [The government will review criticism of officials]. Berlingske (in Danish). Berlingske Media. Retrieved 11 August 2022.
  32. ↑ Henriksen, Morten (2 July 2022). "Radikale freder Mette Frederiksen – men vil have hurtigt folketingsvalg" [The Social Liberal Party protects Mette Frederiksen - but wants a quick general election]. dr.dk (in Danish). Danish Broadcasting Corporation. Retrieved 2 July 2022.
  33. ↑ Henriksen, Morten; Nielsen, Silas Bay (1 July 2022). "Sofie Carsten Nielsen: Vil vælte Mette Frederiksen hvis ikke hun udskriver valg inden 4. oktober" [Sofie Carsten Nielsen: Will overthrow Mette Frederiksen if she does not call an election before 4 October]. dr.dk (in Danish). Danish Broadcasting Corporation. Retrieved 1 July 2022.
  34. ↑ Vermund, Pernille (13 July 2022). "NYT: Nu skal minkskandalen vurderes" [NEW: Now the mink scandal is going to be assessed] (in Danish). New Right. Retrieved 8 August 2022.
  35. ↑ Høj, Olivia; Uldall, Rosa (24 August 2022). "Barbara Bertelsen får advarsel efter minksag - flere topembedsmænd fritaget fra tjeneste" [Barbara Bertelsen gets a warning after the mink case - several top officials relieved of duty]. dr.dk (in Danish). Danish Broadcasting Corporation. Retrieved 24 August 2022.
  36. ↑ Danish National Police (20 September 2022). "Rigspolitiet har truffet afgørelse i personalesager" [The Danish National Police has made decisions in personnel cases] (Press release) (in Danish). Danish National Police . Retrieved 22 September 2022.
  37. ↑ Oldager, Mathias (22 September 2022). "Tre embedsmænd fra Fødevareministeriet får advarsel i Minksagen" [Three officials from the Ministry of Food, Agriculture and Fisheries receive a warning in the Mink case]. dr.dk (in Danish). Danish Broadcasting Corporation. Retrieved 22 September 2022.
  38. ↑ Brahe, Maibritt; Restrup, Anne Katrine; Larsen, Nicklas (22 September 2022). "LIVE: Nu lander omdiskuteret rapport – kan Mette Frederiksen eller andre ministre straffes i minksagen?" [LIVE: Now a controversial report lands - can Mette Frederiksen or other ministers be punished in the mink case?]. B.T. (in Danish). Berlingske Media. Retrieved 22 September 2022.
  39. ↑ Jørgensen, Steen A. (22 September 2022). "Nye Borgerliges advokater: Mette Frederiksen handlede »groft uagtsomt« under minksagen og kan dømmes ved en rigsretssag" [New Right's attorneys: Mette Frederiksen acted "grossly negligently" during the mink case and can be convicted in an impeachment trial]. Jyllands-Posten (in Danish). JP/Politikens Hus A/S. Retrieved 22 September 2022.
  40. ↑ Ritzau (31 October 2022). "Afgående højesteretspræsident skal afhøre embedsmænd om minksag" [Resigning Supreme Court president to question officials on mink case]. Jyllands-Posten. JP/Politikens Hus A/S. Retrieved 4 November 2022.
  41. ↑ Ritzau (29 November 2022). "Chef fra Minksagen lander direktørjob" [Boss from The Mink Case lands director job]. Berlingske. Berlingske Media. Retrieved 29 November 2022.
  42. ↑ Svendsen, Anders Byskov (29 November 2022). "Nyt topjob til hovedperson i minksag vækker vrede blandt avlere: 'Forkastligt' og 'forargerligt'" [New top job for protagonist in mink case arouses anger among breeders: 'Reprehensible' and 'outrageous']. dr.dk. Danish Broadcasting Corporation. Retrieved 29 November 2022.
  43. ↑ Svendsen, Anders Byskov (30 November 2022). "Jobskifte lukker sag for hovedperson i minksag" [Job change closes case for protagonist in mink case]. dr.dk (in Danish). Danish Broadcasting Corporation. Retrieved 5 December 2022.
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