The upper house of parliament has decided for the second time not to vote on controversial legislation, saying it could be discriminatory and requesting the opinion of the Council of State.

The far-right PVV inserted a clause into legislation aimed at speeding up housing development which would stop refugees with residency permits being given priority in social housing, whatever their personal circumstances.

The bill was passed in the lower house last week, but now senators have called a halt, pending a review by the government’s most senior advisory body.

Housing minister Mona Keijzer has also expressed her doubts about the amendment, saying she wants to know if it “can be implemented at all” or if it will strand in court because it is discriminatory.

Earlier in the day, senators took a similar position on new legislation designed to reduce refugee numbers. Here too, the PVV had managed to win support for an amendment that would criminalise being in the Netherlands without valid residency documents – or helping those who are.

Last week, the lower house passed that measure after a chaotic session, but only after justice minister David van Weel agreed to seek new advice from the Council of State. Senators say they will wait for that advice before voting on the legislation.

It remains unclear when the Council of State will issue its advice on either issue.

The election takes place on October 29 and parliament goes into recess at the beginning of that month, meaning there is very little time left for the legislation to be reviewed.