In the video: the Police Commissioner at the Bat Mitzvah of Itamar Ben Gabir's daughter (Photo: Roni Knafo)
The legal adviser to the government, Gali Beharev Miara, is expected to oppose the wording of the bill to amend the police order initiated by MK Itamar Ben Gabir, the designated minister of national security. Ben Gabir came out
against Beharab Miara's objection and said that it is disappointing. "It is difficult to understand how the prosecutor rushed to determine a position on a bill that was submitted only on Thursday. The same ombudsman who allowed Omar Bar-Lev to make political decisions in the Ministry of Internal Security, and gave her hand to every predatory and illegal move promoted by the government... managed to form a negative position in just one day against my bill." , wrote Ben Gvir. "This is a very disappointing statement by the ombudsman, which calls into question her professional positions."
According to Ben Gabir's bill the police and its head - the police commissioner will be subordinated despite the government and the minister in charge of it and the minister is the one who will determine the police policy. This is in contrast to the situation today when the commissioner
And so it is written in the explanation of the bill: "As we know, a basic principle in modern democracy is that the political level - i.e. the elected officials - outlines policy and guides, and the executive level implements this policy. Indeed, it can be seen that
in the regime structure of the State of Israel, the IDF carries out the policy the government and the policy of the minister in charge and subject to their instructions.
Gali Behrab Miara (photo: official website, L.A.M. Yod photos)
In accordance with this, and in order to create a coherent legislative fabric, which is in line with the aforementioned fundamental principle, it is proposed to apply a similar arrangement in the police order, with regard to the relations between the Israel Police and the government and the minister in charge." The Ministry of Justice is currently formulating an opinion regarding the amendment of the proposed law
. However,
the main legal difficulty that the Legal Adviser to the Government is expected to point to in the discussions that will be held in a special committee that will be established in the Knesset regarding the amendment of the Police Ordinance concerns the subordination of the discretion of the police and its head to the Minister. According to the Legal Adviser to the Government, the biggest problem with the amendment is giving the Minister the opportunity to set a policy regarding investigations and
prosecutions , this is an authority that even the commissioner does not have today and the consultant believes that the whole issue of prosecution cannot be entrusted to the hands of a political entity.
Another difficulty that the consultant points to is the comparison in the explanatory notes to the law with the army, according to the consultant the police and the army should not be compared since the army does not enforce the law on civilians.
Today, even the Minister of Justice cannot determine the ombudsman's policy on law enforcement, but the ombudsman enjoys independence on the matter, and therefore the commissioner should be left as such. The
third difficulty pointed out by the consultant concerns the fact that the bill gives the minister full control over the distribution of the police budget While today the police budget is determined by the Ministry of Internal Security, the internal budget distribution is determined by the Commissioner and the police, so this is another means of pressure that can influence the discretion of the police.
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Possible scenarios
As of now, the bill has not yet passed the Knesset and therefore no petition has been submitted to the High Court against it, if the text of the bill passes as is without change - as usually happens in discussions in the Knesset committees and a petition is filed to the High Court on the issue, there could be several options. Voila!
Tried to speak with a number of officials in the former police and also in the legal advisory system to the government but they refused, a number of legal experts agreed to speak with us without being able to name them. The
first option is that the High Court will accept the petition and cancel the amendment.
This possibility is unlikely, according to a number of experts with whom Vala discussed it because it is not clear on what basis the amendment will be repealed.
In order for the High Court to decide to cancel the amendment to the bill, it is necessary to vote on a basic human right that is violated according to the Basic Law on Human Dignity and Freedom, and according to the experts, it is difficult to vote on one of these.
Ben Gabir and Commissioner Shabtai (Photo: Roni Knafo)
A second possibility is that the High Court will decide to cancel only part of the bill and in fact will accept the claim that the bill contradicts the provisions of the Basic Law on Human Dignity and Freedom. In such a case, it is possible that the High Court will decide to cancel only the part that gives the minister control over policy-making in regards to investigations and the position to be prosecuted
The same experts we spoke with explained that in the past the High Court of Justice invalidated the privatization of prisons on the basis of the claim that the transfer of the policy on investigative matters to a political entity could and would be disproportionate, but they wanted to emphasize that this is not a very high possibility. The same experts also said that the work that the bill can and will be discussed A special committee in the Knesset without an orderly staff work and without the government having been sworn in can point to a flaw in the legislative process that will lead to the disqualification of this part of the law. A
third possibility is that the High Court will not interfere at all in amending the law and in fact will leave the situation as the Knesset decided to determine.
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