High Court: Health Ministry must have official minister

Haredi MK has de facto control but remains deputy minister on ideological grounds; court wants minister named within 60 days

By Marissa Newman 23 August 2015, 8:18 pm

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Marissa Newman is The Times of Israel political correspondent.

Yaakov Litzman of the United Torah Judaism party at a Finance Committee meeting, December 16, 2013 (Flash90)

The High Court of Justice on Sunday ruled that ultra-Orthodox MK Yaakov Litzman cannot continue to serve as deputy health minister with no presiding minister, and gave the government 60 days to fill the post.

Prime Minister Benjamin Netanyahu holds the Health Ministry portfolio, in an arrangement with Litzman’s ultra-Orthodox, non-Zionist United Torah Judaism party, whose leaders have long opted not to be appointed full ministers on religious ideological grounds.

Responding to a petition by the Yesh Atid party, a panel of five justices said that Litzman — who effectively governs the ministry in everything but name — may fill the position, and gave the government 60 days to make Litzman a full minister, or appoint another over him.

In their decision, the justices ruled that the current setup was “unlawful.”

“If you ask any hospital or citizen, they will tell you that the person governing the Health Ministry is Litzman and not Netanyahu,” Justice Elyakim Rubinstein said during the hearing.

Litzman, who previously held the post of deputy health minister from 2009 to 2013, said he would consult with the rabbinic authorities of the United Torah Judaism party on the matter. The party’s Council of Torah Sages was expected to convene Wednesday, according to Israel Radio.

“If the High Court wants to change the status, I will ask the Council of Torah Sages,” Litzman told Army Radio. “I respect the High Court and the judges’ decision. The rabbinic council may tell me no, and I will remain a regular MK, and they may tell me that they agree [that I be health minister].”

Yesh Atid hailed the decision as a “triumph of the public interest over the political interest.

“The healthcare system is one of the most complicated and problematic in Israel, and it deserves a full minister with all the authority and responsibility required of a minister in the State of Israel,” the party said. “Of course this is not meant as a war against the ultra-Orthodox, but rather against the culture of back-room deals.”

Netanyahu also holds the foreign affairs and communications portfolios.