The ‘cooling off’ law needs a rethink

It is appropriate to ensure a reasonable passage of time between security service and public service, but the current legislation goes much too far.

By TZACHI HANEGBI
Tzahi Hanegbi headshot 58 (photo credit: Courtesy)
Tzahi Hanegbi headshot 58
(photo credit: Courtesy)
Last week, the Ministerial Committee on Legislation announced that the government was opposed to a private member’s bill that would shorten the period in which it is forbidden for ex-security service personnel to run for Knesset or be appointed as ministers. The bill, submitted by MKs Yoel Hasson (Kadima) and Eitan Cabel (Labor), sought to set the “cooling off” period at 18 months instead of three years.
When the bill was originally brought up, I supported the idea of a cooling off period, meant to protect senior IDF, Mossad, Shin Bet (Israel Security Agency) and police staff from allegations that the operational decisions they made before choosing to enter the political arena were motivated by personal interests.
The purpose of the cooling off period is to make certain that a senior officer who steps out of uniform won’t jump directly from military service or another security agency right into the political ranks. A too speedy transition risks prompting criticism that this officer’s recommendations and activities, when in the security establishment, did not solely reflect the interests of the state, but rather his own ideological or partisan inclinations.
Such claims, whether baseless or not, damage the moral authority of the security agencies. Commanders can only make crucial decisions that affect the lives of those under their command as long as there are no doubts as to the purity of their intentions. The moment a doubt is raised as to whether or not external considerations are at work, they may find themselves in an impossible situation.
This is even more the case with senior police officers, who are involved in sensitive investigations of public figures whose results, whatever they may be, project onto the political arena.
THAT BEING said, the more I understand the fundamental need for a cooling off period, the more I am convinced that the Knesset must substantially shorten its length. Three years of waiting is, in my opinion, disproportionate.
In practice, the time span is much longer, at times even twice the legally required time. A current example: The chief of General Staff, the deputy chief of General Staff, the Mossad director, the Shin Bet director, the police inspectorgeneral and the chief of the Prisons Service, together with many IDF generals and senior police officers, are leaving their positions this year. In the coming elections, set to take place in October 2013, they will not be able to run for the Knesset, since their cooling off period will only end in 2014. The following elections are set for 2017.
Therefore, the consequence for them is essentially a draconian restraining order barring them from parliament for six years. This is a totally unreasonable outcome that has no justification, even though it is correct to ensure a reasonable passage of time between security service and public service.
The scenario painted above is not definite. It is possible that the current Knesset’s term will be cut short; it is also possible that the Knesset after that won’t see out all of its days.
Additionally, former security staff members can be offered ministerial positions after three years of cooling off, even if they are not eligible to join the Knesset.
However, these are just virtual options. In practice, the present law dictates a twisted reality. The Knesset is telling a group of senior, top-quality individuals: “We thank you for choosing to dedicate decades of your lives to the security of the country. You have put yourselves in danger, nurtured generations of fighters and had to spend long periods away from your families and loved ones. But once you enter civilian life, you are no longer welcome in our midst. Many years will pass, in your cases possibly a full six years, before we agree to return your fundamental right – a right shared by all citizens over 21, even those who have not done a thing for the country – to serve in the Knesset.”
IF THE state had an abundance of experienced and skilled individuals who were prepared to abandon the professional fields in which they were so successful and contribute their time to political activity, that would be fine. We would be able to accept, with a certain degree of equanimity, the extreme standard that the cooling off law dictates. But the reality here, as is well known, is quite the opposite.
Successful individuals from industry, economics, science and academia refrain from entering the race for seats in the Knesset. The few who dare to peek into the scalding political kitchen get burned and turn away. I do not know if Gabi Ashkenazi, Benny Gantz, Amos Yadlin, Meir Dagan and their colleagues who are stepping down in the coming months are at all interested in jumping into the boiling waters of political life. Nevertheless, if that internal fire that gave them the energy to make sacrifices on behalf of their country for so many years still burns within, the lengthy cooling off period will certainly constitute a powerful extinguisher.
I hope the Knesset members who will determine the fate of the cooling off bill will dedicate more thought to the matter than the ministerial committee which rejected it so offhandedly. Not a single other country maintains such a sweeping prohibition on former security staff members running for parliament. Even American law, which requires a 10-year cooling off period for military personnel before they can be appointed secretary of defense, in no way limits the election of senior military, CIA or FBI staff to Congress after they step down.
The cooling off law, created in 2007, gained parliamentary support as a result of the frustration and disappointment with the security forces – the army included – during the Second Lebanon War. Today, however, it seems that the law, in its current exaggerated form, punishes the public.
It makes it difficult for people who have specialized in managing large organizations, and made decisions in times of crisis, to contribute from their vast experience to the good of the country. The Knesset members should consider the proposal for a shorter cooling off from the perspective of Israel’s citizens, who so desperately desire an improvement in their leadership. They should not close ranks like a threatened guild, unified to fend off a perceived danger.
The writer is a former Kadima minister.