Draft Law in Jeopardy as Chareidi Parties Say Fate Now Rests With Knesset Legal Adviser
The future of Israel’s proposed draft law is increasingly uncertain after a scheduled discussion was abruptly canceled and senior chareidi figures acknowledged that the chances of advancing the legislation during the current Knesset term have dropped sharply.
The debate, which had been set for Tuesday in the Knesset Foreign Affairs and Defense Committee, was called off at the request of Prime Minister Bibi Netanyahu. Publicly, the cancellation was attributed to other pressing committee matters, but behind the scenes, chareidi factions say they are coming to terms with the likelihood that the bill may not survive.
Initially, after the presentation of the draft law by committee chairman MK Boaz Bismuth, chareidi party leaders were told that the committee’s legal adviser, attorney Miri Frenkel-Shor, supported most of the bill’s core provisions. They were led to believe that if the law passed, the Knesset’s legal department would defend it against High Court petitions.
As time passed, however, senior chareidi officials realized that Frenkel-Shor in fact opposed many of the substantive elements of the new draft law. Several party leaders said they were surprised by the scope of her objections. Aside from one senior Shas figure, others had expected that she would seek adjustments but ultimately back the revised proposal.
With the committee legal adviser’s position now clear, chareidi factions are pinning their hopes on the Knesset’s chief legal adviser, attorney Sagit Afik, to support the law and defend it before the High Court, despite the stance taken at the committee level.
A senior chareidi lawmaker involved in the issue said that without such backing, the legislation is a nonstarter. “If the Knesset’s legal counsel does not commit to defending the law at the High Court, there is no reason for us to pass it,” he said. “That is the directive of the gedolim. The damage outweighs the benefit of passing a law that does not meet the High Court’s initial test and would immediately face an interim injunction. A central condition for advancing the law is legal support from the Knesset’s legal counsel.”
The same official explained that opposition from the Attorney General’s Office had been expected from the outset. “The government’s legal advisers are against us — that was clear from day one. Our hope was that the Knesset’s legal counsel would defend the law, so that even if it were ultimately struck down, there would be no interim order against it and it would take a year or two before being invalidated. But if Sagit Afik also does not support the law, there is a very high chance that an interim injunction will be issued.”
Legal sources in the Knesset, however, say the prospects of Afik breaking with the committee’s legal opinion are slim. One legal official noted that Frenkel-Shor also serves as deputy to the Knesset legal adviser and has been closely involved in draft legislation for more than a decade. “It is hard to see Sagit Afik turning her back on her and going against the legal position of the adviser who has accompanied every clause of this law,” the source said.
{Matzav.com}
