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The Knesset passed a contentious bill in its first reading on Tuesday that would split the role of the attorney-general into two separate positions, a move that supporters say would prevent concentration of power but critics warn could erode democratic checks and balances.

The vote was 65 in favor and 47 against, according to multiple reports. The bill, advanced by MKs Hanoch Milwidsky and Yitzhak Kreuzer, along with additional Knesset members, now returns to the Constitution, Law and Justice Committee for further discussion.

Coverage Comparison

Two reports from the Jerusalem Post provided the main coverage of the bill's progress. An earlier article described the bill's approval in committee, while the more recent piece detailed its passage in the Knesset plenum.

According to the earlier report, the bill was first initiated by MK Simcha Rothman (Religious Zionist Party) and was approved for advancement by the Constitution, Law and Justice Committee in a unanimous vote of nine in favor. That report noted that opposition lawmakers claimed the vote was unlawful, but the committee's legal advisor permitted it to proceed.

The later report, covering the plenum vote, attributed the bill's sponsorship to MKs Milwidsky, Kreuzer, and others, and detailed the bill's provisions. It also quoted current Attorney-General Gali Baharav-Miara, who called the move "stage two of the judicial reform."

Key Claims

  • Division of the role: The bill proposes splitting the attorney-general's role into two separate positions: an attorney-general and a state prosecutor. The attorney-general would be appointed by the government following a recommendation from the prime minister and justice minister, serving the same term as the government. The state prosecutor would be appointed for a six-year term by a public committee and would head the prosecution.
  • Purpose of the law: The stated purpose is to prevent an excessive concentration of power and inherent conflict of interest, allowing ministers to reject the attorney-general's legal opinions.
  • Supporters' perspective: Proponents argue the law is necessary to ensure that no single official holds undue power and to provide a clearer separation between legal advisory roles and prosecution.
  • Opposition's concerns: Current Attorney-General Gali Baharav-Miara attacked the move, calling it "stage two of the judicial reform" and warning of a "race to eliminate democratic institutions" ahead of a possible Knesset dissolution. The earlier report quoted Deputy Attorney-General Gil Limon, who warned against advancing the legislation, stating it would abolish the role of the attorney-general as a gate-keeper.
  • Legal scholars' warnings: The earlier report noted that legal scholars have warned that the bill would place unprecedented power in the government's hands.

Perspectives

The bill has drawn sharply divergent reactions. Supporters, primarily from the coalition, view the attorney-general's current role as overly concentrated and argue that splitting it would enhance accountability and prevent conflicts of interest. They also point to the need for ministers to be able to reject legal opinions they believe are overreaching.

Opponents, including the current attorney-general and legal experts, contend that the move is part of a broader judicial reform agenda that would weaken democratic institutions. They argue that removing the attorney-general's gatekeeping role could allow the government to act without adequate legal oversight, undermining the rule of law.

Context

The advancement of the bill comes amid political uncertainty in Israel, with the expected first vote on Knesset dissolution scheduled for Wednesday. The earlier report noted that the committee had merged ten private bills on the topic into one, under Rothman's version, and that the committee is required to make amendments to the country's Basic Laws as part of advancing the legislation.

The bill's future remains uncertain if the Knesset dissolves, as progress beyond a first reading may be affected by the continuity motion policy. If the bill does not pass its first reading, its status would be reversed when a new Knesset is formed.