From BICOM (Britain Israel Communications and Research
Centre)
What happened: The government passed its
amendment to Basic Law: The Judiciary, that cancels the use of
reasonability when judges review governmental decisions.
- Despite hopes of a compromise leading up to the vote, the
efforts failed and in the end the opposition walked out of the
Knesset ahead of the vote, allowing the coalition a 64-0
victory.
- Cancelling the clause means the High Court of Justice will be
unable to apply the test of reasonability to challenge government
decisions or appointments.
- Following the vote, the protests grew and continued late into
the night. In several places clashes broke out between
anti-government protesters and the police. In central Tel Aviv
hundreds of people blocked traffic on the main Ayalon motorway,
with eighteen people arrested after police horses were deployed
and water cannons sprayed putrefied ‘skunk spray’. Protest
organisations said 32 demonstrators were wounded, 19 of whom were
taken to hospital.
Reactions: Prime Minister Netanyahu called
the move, “a necessary democratic step, one designed to restore a
measure of balance between the authorities... We passed the
amendment to the reasonableness standard so that the elected
government will be able to lead policy according to the will of
the majority of the citizens of the state.”
- Leader of the Opposition Lapid said, “We saw today
Netanyahu’s unprecedented performance of weakness. There is no
prime minister in Israel. Netanyahu has become a puppet of
messianic extremists.”
- Head of the National Unity Party Gantz said, “Anyone who
thinks he won today will soon discover that this was a terrible
mistake for all of us. I am a man who has known battle; I say to
you today: We may have lost the battle, but we will all win the
war. We will do whatever it takes to reverse course and to fix
things. That will happen. Everything that passed today will be
annulled and erased from the statute books. Sooner or later.”
- The White House issued a statement, “As a lifelong friend of
Israel, President Biden has publicly and privately expressed his
views that major changes in a democracy to be enduring must have
as broad a consensus as possible.”
Context: One of the most striking images
from the Knesset yesterday saw Defence Minister Gallant’s failed
last-minute attempts to convince Justice Minister Levin to soften
the text, whist Prime Minister sat between them.
- It is thought that Netanyahu would also have preferred a
softer version to pass, but when faced with threats from Minister
Ben Gvir that if amended, his party would resign and bring down
the government, Netanyahu chose survival and sided with the
hardliners.
- On one level it has been argued that it was a rare moment
that Netanyahu looked weak, perhaps deliberately, so not to be
seen as leading the initiative, but rather captive to his own
government.
- Unlike the anonymous vote for the Judges Selection Committee,
this time all 64 coalition MKs voted in unison.
- However, this vote has further exposed the deepest social
rift the country has known since its founding.
- Prior to the vote, the IDF Chief of Staff had requested a
meeting with the prime minister but was rebuffed and only met
later in the day. However, high-ranking senior officers
briefed ministers and warned them of the security ramifications:
- The army is concerned that the divided country will
signal a loss of deterrence and embolden Israel’s enemies.
- The division among the forces would have operational
repercussions.
- The loss of judicial independence could make it easier in
the future to put IDF figures on trial in the Hague.
- Head of the Mossad David Barnea reportedly reassured
colleagues that the organisation would be ”on the right side of
history” should a constitutional crisis emerge. He was quoted
saying, “We serve a democratic state and are not currently in a
constitutional crisis. If we find ourselves in one, we will act
according to legal counsel."
- There is also concern over the economic fallout of the
decision. The shekel fell again against other foreign currencies,
as did the Tel Aviv stock exchange.
- There are ongoing concerns over what the consequences of
increased uncertainty will be on foreign investments and Israel’s
foreign credit rating.
Looking ahead: The government’s vote will
now be challenged in the High Court – a process that could take a
few months.
- Lapid meanwhile has called on members of the IDF reserves to
wait until the High Court of Justice has a chance to rule before
deciding to suspend their ongoing service.
- It will be up to the government if it wants to test the new
law, possibly by re-appointing Aryeh Deri as minister or carrying
out the threat to dismiss the attorney general.
- The Knesset soon goes into summer recess until mid October.
Netanyahu hopes to make use of the time to reach a consensus with
the opposition over other components of judicial reform.
