The contentious bill to split the role of the attorney-general into two positions, which critics argue would hinder the A-G’s power to influence, was passed by a margin of 65-47 in its first reading in the Knesset plenum on Tuesday morning.
The highly controversial bill was passed at 4 a.m. after a long debate in the plenum. It was sponsored by MK Simcha Rothman (Religious Zionist Party) and a group of other coalition lawmakers.
The legislation will now return to the Knesset’s Constitution, Law and Justice Committee to be advanced ahead of its final second and third readings.
The bill proposes splitting the duties and powers currently held by the attorney-general between two separate officeholders: an attorney-general and a prosecutor-general.
The new government-appointed prosecutor-general would be separate from the A-G and would have the authority to reconsider the existing indictments against Prime Minister Benjamin Netanyahu.
Critics argue bill removes essential position, gives over too much power
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.
The government has repeatedly clashed with current Attorney-General Gali Baharav-Miara amid its ongoing rift with the judiciary.
As part of advancing the legislation, it is also necessary to make amendments to the country’s Basic Law: The Government.
Under the proposal, the prosecutor-general would have authority over criminal law matters and head the general prosecution system, while the attorney-general would retain all other legal authorities and head the government’s legal advisory system and the non-criminal branches of the State Attorney’s Office.
While the proposal stipulates that the A-G would be able to assist the government in implementing its policies, if the government sees sufficient reason, it would not be required to treat a particular legal opinion as reflecting the law and could exempt all executive branch bodies from that obligation.
The bill would regulate the appointment process, qualifications, and term of office of the A-G, providing that the attorney-general be appointed by the government upon the recommendation of the prime minister and justice minister.
It would also regulate the circumstances under which the attorney general’s term may end, the grounds for removal or suspension, and the appointment of a deputy who would serve as acting attorney-general.
The government had voted to fire Baharav-Miara last year in August, though the High Court subsequently struck down that decision.
The advancement of the legislation came ahead of the first reading on the Knesset dissolution bill on Wednesday, amid the crisis in Prime Minister Benjamin Netanyahu’s coalition with the haredi (ultra-Orthodox) parties.
Marathon committee meetings were held on it in recent weeks to advance the bill ahead of the Knesset’s expected dissolution at its last summer session to complete government legislation before elections.
The bill to split the role of the attorney-general passed its preliminary reading in the Knesset plenum in October.
Various other versions of bills to divide the attorney-general’s role were submitted with it at the time. The Constitution Committee had merged 10 private bills into one so that all would fall under a single version.
Deputy Attorney-General Gil Limon attended the Knesset committee meeting last month ahead of the vote, where he warned against advancing 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.
Guy Lurie and Amir Fuchs, researchers from the Israel Democracy Institute, warned last month that the bill’s approved proposal would turn the attorney-general from being the professional gatekeeper into “a puppet of the government.”
They noted that the proposal was designed to eliminate the attorney-general’s constitutional role of professionally assisting the government in implementing its policies within the bounds of the law.
“Without that role, the protection of the rule of law would be weakened, proper administration would be undermined, and governmental corruption and violations of human rights could occur, often without the courts even becoming aware of them,” the two added.
“The attorney-general’s role in safeguarding the public interest, for example, by protecting the integrity of elections, would also be dismantled by the proposal, Lurie and Fuchs stated.
“This is the most dangerous and most destructive proposal currently being advanced, and its consequences for Israeli democracy would be disastrous,” they warned.
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.
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.
Sarah Ben-Nun contributed to this report.