Mink Commission Explained

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.

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.

Background

See main article: The Mink Case. 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]

(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:

[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]

Notes and References

  1. Minkkommissionen har afgivet sin beretning . Danish . Date for submission of a report to the Folketing . The Mink Commission . 30 June 2022 . 30 June 2022.
  2. Web site: 2022-06-30 . Minkkommissionen: Grov vildledning af Mette Frederiksen på pressemøde om minkaflivning . Mink Commission: Gross misleading by Mette Frederiksen at press conference on mink killing . 2022-06-30 . DR . da-DK.
  3. Web site: 2022-06-30 . Denmark's Covid mass mink cull had no legal justification, says report . 2022-06-30 . the Guardian . en.
  4. 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 . en . 10.1111/2047-8852.12424 . 263005794 . 2047-8844. free .
  5. Web site: Pressemøde den 4. november 2020 . Danish . Press conference on 4 November 2020 . The Prime Minister's Office . 2020-11-04 . 2021-10-11 .
  6. Web site: 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. Danish . Altinget. 10 November 2020. Kristine. Korsgaard. 23 November 2020.
  7. Web site: Juraprofessorer: Her blev ordren om aflivning af mink ulovlig . Law professors: Here the order to kill mink became illegal . Danish . Ritzau . . . 2020-11-24 . 2021-10-11 . 2021-08-23 . https://web.archive.org/web/20210823104609/https://nordjyske.dk/nyheder/juraprofessor-her-blev-minkordre-ulovlig/87883676-3b68-4988-ac13-780522337434 . dead .
  8. Web site: 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 . Danish . Dam . Philip Sune . . . 2020-11-28 . 2021-10-11.
  9. https://www.altinget.dk/artikel/folketingsudvalg-saetter-gang-i-uvildig-undersoegelse-af-minksagen, Folketingsudvalg sætter gang i uvildig undersøgelse af minksagen (Parliamentary committee initiate an independent investigation of the mink case)
  10. Web site: 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 . Danish . Jørgensen . Anna Sol . . 10 December 2020 . 10 December 2020.
  11. Web site: 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 . Danish . Udvalget for Forretningsordenen . Granskningsudvalget . Folketinget . 2021-04-23 . 2021-10-11.
  12. Web site: Tillægskommissorium af 19. november 2021 for Granskningskommissionen om sagen om aflivning af mink . Danish . Additional Terms of Reference of 19 November 2021 for the Commission of Inquiry into the Case of the Killing of Mink . Udvalget for Forretningsordenen . Granskningsudvalget . Folketinget . 2021-11-19 . 2021-11-19 .
  13. Web site: Mink: Det ved vi efter seks dages afhøringer . Danish . Mink: What we know after six days of questioning . Agerlin Olsen . Esben . Nordtinget . 25 October 2021 . 31 May 2022 .
  14. Web site: Nu begynder granskningen af aflivningen af 15-17 millioner mink. Her er dét, vi mangler svar på . Danish . Now begins the investigation of the killing of 15-17 million mink. Here's what we are missing answers on . Elkjær . Bo . Dagbladet Information . 7 October 2021 . 31 May 2022 .
  15. Web site: Fire højdepunkter fra afhøringerne i minksagen – og det helt store spørgsmål, der nu står tilbage . Danish . Four highlights from the questioning in the mink case - and the big question that now remains . Arp . Andreas . Altinget . 1 February 2022 . 31 May 2022 .
  16. Web site: Bombe under Mette og Barbara: Statsministeriet står til mink-kritik . Danish . Bomb under Mette and Barbara: The Prime Minister's Office is facing mink criticism . Østergaard . Janus . Foght . Thomas . Ekstra-Bladet . 31 May 2022 . 31 May 2022 .
  17. https://www.ft.dk/samling/20211/almdel/REU/bilag/301/2602662.pdf 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. Web site: Minkkommissionen: Grov vildledning af Mette Frederiksen på pressemøde om minkaflivning . Danish . Mink Commission: Gross misleading by Mette Frederiksen at a press conference on mink killing . Henriksen . Morten . Svendsen . Anders Byskov . dr.dk . 30 June 2022 . Danish Broadcasting Corporation . 30 June 2022 .
  19. Web site: Ti embedsmænd risikerer fyring: Mette F. slipper foreløbigt . Danish . Ten officials risk dismissal: Mette F. avoids for now . Ishøy . Søren Kjellberg . bt.dk . Berlingske Media . 30 June 2022 . 30 June 2022 .
  20. https://jyllands-posten.dk/politik/ECE14202336/kommission-statsministeriets-departementschef-kan-drages-til-ansvar-i-minksagen/ Kommission: Statsministeriets departementschef kan drages til ansvar i minksagen