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Henrik Asheim on the Nav scandal –

The Ministry and underlying agencies, but also the courts, law schools and all Norwegian governments from 1994. The investigation report Blindsonen which was presented in August, gives almost the entire public Norway its share of the blame for the social security scandal which has affected more than 4,000 people and given 75 incorrect judgments in the judiciary.

On Tuesday, Minister of Labor and Social Affairs Henrik Asheim will meet in the Storting to explain the Nav scandal.

– It has failed in many respects and many have to take their share of the blame, but I want to reject that the responsibility with this is pulverized: The overall political responsibility lies with me and the government. The responsibility is ours, says Asheim to Dagbladet.

– Hypothetical

The investigative committee chaired by law professor Finn Arnesen unanimously states that the ministry, Nav and the courts have practiced social security law incorrectly since 2012. A majority in the committee believes that the incorrect practice dates back to when the EEA agreement was introduced in 1994.

The criticism goes worst beyond Nav, which according to the report showed “lack of notification culture, responsibility pulverization and an unacceptable lack of proactivity”. But also the Ministry of Labor gets so the hat fits.

– The main responsibility lies with Nav and the ministry, said Finn Arnesen when the report was presented in August.

When the scandal became known, Sigrun Vågeng Nav director and Conservative Anniken Hauglie were Minister of Labor. Both have now been replaced.

Could Hauglie have stayed put now that we know what the Nav investigators concluded?

– Ministers live on the trust of the Storting, so this becomes hypothetical. But I think you can not point to a specific minister or a particular regime in a case where there has undoubtedly been failure in many parts, says Asheim.

LO is among those who have criticized the government for pointing to a general system failure rather than clearly taking responsibility for itself.

– We go a long way in suggesting that the government has either actively instructed or looked through the fingers on things that should really be addressed, because it fits with the overall political system, said lawyer and leader of LO lawyers Atle Sønsteli Johansen to Klassekampen earlier in autumn.

Asheim rejects the statement that the government does not take responsibility.

– There is no doubt that the government has the overall political responsibility. Anniken Hauglie emphasized in the control hearing in the Storting that the ministry should have asked several questions earlier. It’s quite obvious.

– At the same time, it is correct to say that it failed in many respects – without this being an attempt to pulverize the responsibility. All the more important that we work systematically to prevent something similar from happening again.

Three measures

In his report to the Storting, Asheim will summarize the answers from the consultation round on the investigation report.

At the same time, he will point to three specific measures to ensure that something similar does not happen again:

– There is obviously a need to make visible where EEA law takes precedence over Norwegian social security law. It has not come out clearly enough. For the core of what the investigators call the blind spot, is precisely this: Decisions have been made where EEA law takes precedence, which has not been captured by either Nav, the courts or the ministry, he says.

Asheim further believes that EEA competence must be strengthened in the ministries, in Nav, in the judicial system and in the educational institutions.

– It is not enough just to have knowledge of social security law or EEA law, one must understand the connections. In addition, we must have a better management dialogue with Nav, says Asheim.

He expects the directorate in the future to raise matters where there is uncertainty more quickly, up to the ministry.

– Hurt

According to Asheim, 895 people have so far had their decisions overturned by Nav after the social security scandal became known. These are people who have previously received claims for reimbursement of benefits, claims that now prove to be unjustified.

In addition, 1,495 people have had their decision reversed by Nav to suspend the payment of benefits, because the decision has proved to be inconsistent with EEA law.

RESPONDS: Former Attorney General Tor-Aksel Busch at the hearing earlier this year. He believes the Attorney General should have been notified of the Nav case earlier. Reporter: Jørgen Gilbrant. Video: Celina Morken / Dagbladet TV
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So far, NOK 69 million has been paid out by Nav. Debts of NOK 55 million have been canceled. But we are not yet there, says Asheim.

He points out 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 an advisory interpretation statement.

– What do you want to say to the people affected by this scandal?

– It hurts a lot that this could happen. These are people who have had the right on their side. Many have received a verdict that is incorrect or have had to repay money that they were actually entitled to. That is why it is so important the work we are doing now, to clean up, says Asheim.

He is Minister of Labor until over the New Year, during Torbjørn Røe Isaksen’s parental leave. The Nav victims have already received an apology from the government, including the Prime Minister, for the injustice they have suffered.

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