The Knesset's Constitution, Law and Justice Committee plunged into chaos on Monday during a discussion on a bill seeking to further empower political control over the appointments of legal advisers in the various ministries.
Attorney General Avichai Mendelblit, retired Supreme Court justices Yitzhak Zamir and Elyakim Rubinstein and several opposition lawmakers warned the committee that the government-sponsored bill poses a "great danger to the rule of law."
Mendelblit argued that the bill "would make it exceedingly difficult for legal advisers to fulfill their duties as gatekeepers. This bill lacks balance and it will inflict serious harm on the independence of ministerial [legal] advisers."
The legislative proposal further "undermines the image of the legal advisers. It will wrong them because if this bill passes, those appointed will be perceived as having been named for the position because they are a minister's 'associates.' They will have to carry this hump throughout their term and that is unnecessary."
Zamir, a former attorney general, said he "came here because this bill is nothing short of fateful. This is a serious threat to the rule of law in Israel. I can't recall any other bill ever being as dangerous. … I implore you – if you care about the rule of law in Israel – don't push this bill."
Rubinstein, also a former AG, noted, "In all my years [as a legalist] and as a judge I have never seen legal advice torpedo policy. It only ever serves it. This bill has no place. It is the politicization of legal services and that's not healthy. That's a slippery slope."
A legal adviser, he explained, "is a type of gatekeeper. We respect elected officials and we're not here to preserve old practices, just to explain that the system works and everyone should be allowed to do their job."
Justice Minister Ayelet Shaked pushed back against the criticism, as yelling and verbal barbs were thrown across the room.
Shaked argued politicians should be trusted, stating, "We are not corrupt," and will not appoint "a Sancho Panza-like character" as their legal advisers.
She added that there was "nothing wrong" in ministers seeking to name legal advisers who are "friendlier" toward positions of the ministers they serve, saying this could only be achieved if ministers have greater control over these appointments.
"A minister and a director general can choose a legal adviser just as well as the Civil Service Commission. I want to appoint legal advisers who understand the role as I have defined it – applying the minister's policy in accordance with the law. A legal adviser appointed by a minister will be just as professional as one chosen through a tender," Shaked said.
Habayit Hayehudi leader Naftali Bennett also expressed support for the bill, saying, "Legal advisers are supposed to provide legal advice, not set policy – that's up to the elected minister. That's just common sense. This bill is logical and appropriate. If the public is unhappy with the performance of a minister, they can replace him in the elections."
Likud MK Amir Ohana, who sponsored the bill, said it seeks to cement a "fundamental change" in the way ministeries work.
Opposition member MK Michal Rozin (Meretz) criticized Shaked, saying, "The justice minister is trying to turn the gatekeepers into the ministers' defense attorneys, so that they [the ministers] will be able to do whatever they want, with no checks and balances."
