BICOM

What’s happened: Last night Prime Minister Netanyahu released a public statement calling for dialogue.

• Netanyahu said, “I hear the voices of the people. I hear those who are praising, and I also hear those who are concerned. When there are disagreements among us, it is possible and necessary to talk in order to reach agreements or at least reduce the disagreements among us. It is within reach.”
• He added, “Come and let’s talk, here and now, with neither pre-conditions nor excuses, so that together we might achieve broad agreement for the good of all Israeli citizens, and for the good of our country.”
• Leader of the Opposition Lapid responded, “Mr. Netanyahu. Now isn’t the time for phony slogans and spins. Instead of making statements to the media, call the president, tell him you are stopping all legislative processes and are beginning dialogue based on the president’s proposal. Citizens of Israel, I have no pleasant way to say this: Prime Minister Netanyahu is lying. We have been trying to hold talks with them for many weeks now. The President pleaded with them to stop the legislation and to engage in dialogue. The Americans asked them to stop the legislation and hold talks, and the entire people of Israel are asking the government to prevent a terrible rift in the people, to stop this frenzy and hold talks. Instead, they are pushing forwards with hasty, irresponsible and anti-democratic legislation, which seriously harms the economy and security.”

The vote: On Monday night the Knesset passed the first two bills of the judicial reform in their first readings.

• The first bill changes the composition of the Judicial Selection Committee to grant the coalition an in-build majority.
• The second amendment will prevent the High Court of Justice from either discussing or striking down basic laws. [For more details on the proposals, read our explainer]
• Both amendments passed by a 63:47 majority.
• The vote was conducted in a stormy atmosphere. During the vote, members of the opposition chanted, ‘Shame, shame,’ and cried out ‘against’ in unison each time a member of the opposition was called on to vote.  

Context: Following the vote the public atmosphere remains tense and divided.

• Despite numerous calls for dialogue there is a significant lack of trust and currently no mechanism to bring the sides together.
• President Herzog had called to halt the process and facilitate dialogue, but his deadline to stop before the first reading has now passed.  Reflecting on the vote Herzog called out, “the grief that accompanies it is because of the danger to Israel’s unity.”
• Herzog continued, “I think it’s time to reach out and have a brave, open and honest conversation, because the price is not worth it. I think that the greater power, the greater national responsibility, is always in the hands of the people who govern and are leading the revolution or are leading the move. That’s why they need to think of ways in which they can build trust with the opposition.”
• According to the latest polling by the Israel Democracy Institute 66 per cent of Israelis think the Supreme Court should have the power to strike down a law if it is incompatible with the Basic Laws. Even among voters for the coalition 44 per cent support this idea.
• Regarding the Judicial Selection Committee, 63 percent of the public support the current balance that requires agreement between politicians and the judges. Among voters for the Likud party, only 39 per cent support the proposed changes.
• Channel 13 News ran a poll (less than three months after the last election), asking if elections were held today, which party would you vote for?  The Likud fell from 32 seats (they currently hold) to 27.  Overall, the current coalition would lose it majority receiving only 56 seats, whilst the last (Lapid-Bennett) coalition would have 55 seats. The Arab parties, Hadash-Ta’al and Balad, receive 9 seats between them.

Looking ahead: Later today the Knesset is expected to vote in a preliminary reading on the override clause, a bill that would allow the Knesset to override High Court of Justice rulings by means of a 61-seat majority.

• There are also two other bills are also expected to be introduced today for a preliminary reading:
  • The so-called ‘Deri 2 bill’, which would prevent the High Court of Justice from intervening in ministerial appointments,
  • A bill that would subordinate the Police Internal Investigations Department to the justice minister and would allow it also to investigate state prosecutors.
• However, the coalition does not intend to push forward the two bills that it passed on Monday night so as keep the possibility of dialogue open.