Knesset legal adviser warns MK suspension bill could be struck down

A controversial bill that would allow MKs to suspend fellow lawmakers may be struck down by the High Court if it is voted into law but fails to garner a parliamentary majority, the Knesset legal adviser warned Monday, hours ahead of the vote.

The proposal, expected to pass its first Knesset reading but without a majority Monday night, would change a Basic Law, allowing 90 members of Knesset to vote to suspend lawmakers if they “negate the existence of the State of Israel as a Jewish and democratic state,” incite racism, or express support for a terror group or state in its war against Israel.

In a legal opinion published hours before the vote on the bill, Eyal Yinon, the chief legal adviser for Israel’s parliament, said that while he does not deem it necessary, it is “preferable” the proposal receive a majority and could face legal challenges if it doesn’t.

The legal opinion was written after Likud MKs David Amsalem and Avraham Neguise announced they would not vote with the government, slashing its paper-thin majority from 61 to 59 MKs in the 120-seat House.

Avigdor Liberman, head of the hawkish Yisrael Beytenu opposition party, said Monday he would not support the measure unless he gets tit-for-tat backing from the coalition for a bill to block the Supreme Court from involvement in activities of the Central Elections Committee.

However, he also indicated his six-member faction would not vote against the measure either, effectively letting it pass by a likely vote of 59 to 53.

Lacking a written constitution, the rules defining the key tenets of the Israeli legislative process, as well as the mechanisms to change them, are delineated in a number of Basic Laws.

While some Basic Laws require at least 61 or 90 of the 120 Knesset members to be amended, others can be changed with a simple majority of MKs.

According to Yinon, while the clause regarding the banning of serving lawmakers does not need a special majority to be changed, some may argue it falls under rules dealing with elections that do and would therefore require the support of at least 61 MKs.

“Given the position of the High Court of Justice, which has previously ruled in favor of extending the remit of Clause 4 [dealing with elections], and given the importance of this proposal, it is preferable that passing this law be done with a majority of at least 61 MKs in all its readings,” Yinon wrote.

The controversial measure has been vociferously opposed by some, including President Reuven Rivlin, who warned that the power to punish lawmakers should not be in the hands of fellow Knesset members.

The bill was proposed after three Arab MKs made a condolence visit to the families of Palestinians killed while attacking Israelis, and the three observed a moment of silence, which some said was tantamount to showing support for terror.

Speaking before his Likud party meeting in the Knesset Monday, Prime Minister Benjamin Netanyahu made it clear he still hoped to see the bill pass the vote.

“I expect all those who say they are in favor of the bill to vote in support and to not give an advantage or profit to those who support terror,” he said.

Times of Israel staff contributed to this report.