The contentious bill to split the role of the attorney-general into different positions, which was sponsored by MK Simcha Rothman (Religious Zionist Party), was approved to be advanced on Tuesday ahead of its first reading in the Knesset's plenum.
The bill was approved by the Knesset's Constitution, Law, and Justice Committee in a unanimous vote, with nine in favor. Opposition lawmakers said that carrying out the vote so soon was unlawful during a heated debate on the matter; however, the committee’s legal advisor ultimately permitted it to go ahead with it.
The legislation calls for dividing the attorney-general's role, in a move which critics of the legislation say would hinder the power to influence.
As part of advancing the legislation, the committee was also required to approve a separate proposal that would make amendments to the country’s Basic Law: The Government, Basic Law: The Knesset, and Basic Law: The Judiciary.
The bill is expected to soon be brought to the Knesset plenum for a vote on its first reading, after marathon committee meetings were held on it in recent weeks.
First vote on Knesset dissolution anticipated for Wednesday
The advancement of the legislation comes ahead of the expected first vote on the Knesset dissolution on Wednesday, amid the crisis in Prime Minister Benjamin Netanyahu’s coalition with the haredi (ultra-Orthodox) parties.
If a bill is passed in its first reading, progress can continue from where it left off, due to the Knesset’s continuity motion policy. If the bill does not pass its first reading, then when the new Knesset is formed, the legislation does not hold that status, and progress on it would be reversed.
Rothman’s bill passed its preliminary reading in the Knesset plenum in October. Various other versions of bills to divide the role of the attorney-general were submitted with it at the time.
The Constitution Committee merged on Monday ten private bills into one so that all would fall under the version proposed by Rothman, who is also the chairperson of the committee.
Deputy Attorney-General Gil Limon attended the committee meeting ahead of the vote, where he warned against the advancement of the legislation.
“This law is not only a split bill, it is an abolition bill. It abolishes the role of the attorney-general as we know it as a gate-keeper.”
“This is a role of great importance in normal times, and even more so in special circumstances, one of which is election periods, which highlight the attorney-general’s combined functions. In our understanding, going into elections with a politicized attorney-general means a risk to democratic elections,” he said.
Legal scholars have warned that the bill proposal would place unprecedented power in the government’s hands over its principal legal challenge.
Those who oppose the bill argue that the attorney-general’s independent position is essential to the rule of law.
Attorney-General Gali Baharav-Miara has similarly warned that the proposed appointment methods would politicize the office, undermining its role as a protector of democracy.
Efforts to split the A-G’s role have circulated for three decades but never materialized, mainly due to judicial opposition.
Gali Baharav-Miara was appointed to the position during the previous government’s tenure.
The current government has repeatedly clashed with Baharav-Miara, claiming that she was intentionally blocking policy initiatives. She has been accused of conducting "witch hunts" by ministers and coalition MKS, and the government voted to fire her. The High Court subsequently struck down that decision.
Sarah Ben-Nun contributed to this report.