National Security Minister Itamar Ben Gvir has announced his intention to revive a judicial overhaul-era proposal aimed at splitting the position of the attorney general. He plans to bring this proposal to a vote in the key Ministerial Committee for Legislation on Sunday.
Revival of the Judicial Overhaul Proposal
Ben Gvir is bringing back the bill, initially part of the government's 2023 judicial overhaul agenda, due to Attorney General Gali Baharav-Miara's decision not to investigate comments made by new Labor leader Yair Golan. In May, Golan made remarks that seemingly encouraged the refusal of reserve duty. Although Golan denied encouraging such actions, stating he was speaking hypothetically, Ben Gvir remains dissatisfied with the attorney general's response.
Live update: Ben Gvir to submit bill that would split powers of attorney general https://t.co/W7KmisYGG0
— ToI ALERTS (@TOIAlerts) June 13, 2024
Opposition and Potential Path Forward
Despite Justice Minister Yariv Levin's opposition to the bill, Ben Gvir remains determined to advance it. The bill is unlikely to be approved in the committee and cannot be advanced as a government bill. However, Ben Gvir could still push it forward as a private member's bill.
The Core of the Bill
According to Ben Gvir, the proposed bill would grant exclusive authority over prosecutions to the state attorney. Right-wing legislators have long advocated for splitting the position of the attorney general, arguing that it combines several powerful roles. Currently, the attorney general serves as the government's chief lawyer, legal adviser, and head of the public prosecution. Proponents of the measure believe these roles should not be controlled by one individual.
Ben Gvir's Ongoing Clashes with Baharav-Miara
Ben Gvir has had a contentious relationship with Baharav-Miara. Recently, the attorney general blocked his attempt to dismiss Police Chief Kobi Shabtai, accusing Ben Gvir of acting out of "ulterior motives." Ben Gvir, responsible for the Israel Police, had summoned Shabtai to a hearing to begin the dismissal process. However, Baharav-Miara instructed Ben Gvir to cancel the hearing, citing inadequate grounds for firing Shabtai and accusing him of acting with ulterior motives.
AG says Ben Gvir acting out of ‘ulterior motives’ in push to dismiss police chief: Baharav-Miara tells far-right police minister that move to summon Shabtai is unlawful and raises fears he is trying to intimidate the police force
— Global Voters (@global_voters) May 28, 2024
The post AG says Ben… https://t.co/STc0Y2p6Eq pic.twitter.com/wMmkJJ18K6
Historical Conflicts
This is not the first time Ben Gvir has clashed with the attorney general. In January, he claimed that Baharav-Miara 'hates' him after she charged him with exceeding his powers. Additionally, in November, Ben Gvir attempted to prevent an anti-war protest from taking place but was overruled by the State Attorney's Office.
Conclusion
Ben Gvir's proposal to split the attorney general's position highlights ongoing tensions within the Israeli government. While the bill faces significant opposition, its advancement as a private member's bill remains a possibility. The outcome of this proposal will be closely watched, given its potential impact on the structure and function of Israel's legal system.
