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'Status quo on religious issues is a cornerstone of our ability to live in Israel'

The chairperson of the Constitution, Law, and Justice Committee, MK Yakov Asher, believes the override clause should be legislated in cooperation with the judges. He is convinced the draft law can not be forced on the ultra-Orthodox public and states: We'll want to keep this committee in the future.

by  Gideon Allon
Published on  06-26-2020 11:04
Last modified: 06-26-2020 14:01
'Status quo on religious issues is a cornerstone of our ability to live in Israel'Dudi Vaaknin

United Torah Judaism MK Yakov Asher | Photo: Dudi Vaaknin

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The appointment of United Torah Judaism MK Yakov Asher as chairperson of the Constitution, Law, and Justice Committee is a historic moment: for the first time since Israel's inception, a representative of the ultra-Orthodox community will head this committee. Over the years there have been various religious chairpersons, the most recent of them being Habayit Hayehudi ‎MK Nissan Slomiansky, but none of them were Haredi.

Q: Did you want this position or were the rabbis eyeing it?

"The possibility came up during the coalition talks. The rabbis didn't say no to the idea, and it was certainly time for it to happen, to show the world that we can sit at this central junction. There's also the belief that legislation should be for the whole people and not just certain parts of it."

Q: So now, after you've "conquered" this position, will you hold on to it tightly as you did with the Knesset's Finance Committee?

"While I've only been at this position for two weeks, I can already say that for us this role is very important and that in future coalition agreements we will prefer it over other committees. It's an important role where we can influence legislation and also block laws that have no place."

Q: In the committee session on the coronavirus, you said that "the committee will not be a rubber stamp, and we'll demand to review the rules." Do you mean the committee will leave its mark on the bills that it approves?

"I think the correct procedure in approving emergency regulations is that the legislator determines that the rules will be for three months, so that we can review them again under a magnifying glass. For example, at the moment, we are changing the rules that we were shown, such as the decision to prohibit police from entering homes."

Q: Do you believe in the principle of live and let live?

"In principle – of course I do. But you can't forget that we live in a Jewish State and see ourselves as the gatekeepers of religion, so that our grandchildren and great-grandchildren will know that the Sabbath in this land is a different day. Just as the state determined that cinemas are closed on memorial days, to give symbolism to those days, we believe that stopping public transportation should also be something symbolic."

Q: How will you deal with disputed issues of religion and state like transport on the Shabbat, kashrut, LGBTQ efforts to change the surrogacy law and such? Will you keep the status quo or make reforms?

"The status quo is the cornerstone in our ability to continue to live in this country. Unfortunately, we understand we live in a country where not all things in it happen according to our views and my belief that all Israelis are responsible for each other. Of course, as part of my job in parliament, I will strive for keeping the status quo, despite it being far from what we hope for. We'll do everything to keep it, and we will not be part of a government that doesn't."

Q: What is your position on the conscription law and arrangements with yeshivas?

"This issue cannot be solved using force, and that's been proven. The issue pops up time and again only due to populism that deepens the divides in Israeli society. The attempt that was made to take MK [Avigdor] Liberman's bill and tell us it will be brought for parliament's approval, and that it will pass only if it's exactly as it was written without any changes – is completely unacceptable to us. There has never been a case in the Knesset, even with issues much less sensitive than the draft law, where a bill was brought to parliament and passed all the obstacles without any changes."

Q: Do you support the position of the Knesset speaker that the High Court of Justice interferes too much in the legislation of parliament?

"There's no doubt that there's a problem that the borders between the legislature and the judiciary have been blurred. Today we live in a reality where all is allegedly justiciable, and when social or security issues that have a lot of influence on Israeli society come before the court, decisions are made according to a specific world view. I hope and pray that the judges are honest people, otherwise, each man would swallow his fellow alive, but on the other hand, they can't free themselves of the view that keeping the Sabbath has no value, so what chance do we have, that in a session on the issue of Sabbath we will succeed? That's what the Knesset is for, where all representatives of the public sit."

Q: Do you support legislating the override clause that will allow parliament to amend High Court rulings?

"I think it should be legislated while discussing it with the Supreme Court judges, calmly and not aggressively. There is a problem here that can not be ignored. But I doubt that this kind of legislation can be put forward, while many of the coalition partners – mainly Blue and White – oppose it, and therefore the law is not on the table."

Q: Do you plan to call a meeting of committee members with the justices?

"Definitely – yes. I definitely think I should meet with the heads of the judiciary and hold talks with them. In general, I believe in communicating. I didn't come to the Constitution, Law, and Justice Committee in order to covertly pass the override clause. I'm not disguising myself as someone else but I am saying my opinion, even if the judges disagree with it."

Q: How are your relations with Justice Minister Avi Nissenkorn?

"Excellent relations. He is a wise man who came to the Knesset with a lot of public experience. There is no doubt that my cooperation as chairperson of the Constitution, Law, and Justice Committee with the justice minister and other ministers is important, even though that doesn't mean we'll agree on everything."

Q: What are your political ambitions? Do you want to be a minister?

"I learned in my previous roles that at the end of each role I must leave a mark. As for what's after - God will decide."

Q: Are you coming with a lot of energy to this role?

"How does Yair Lapid put it? 'We came to work.'"

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