Knesset gives preliminary okay to bills that would strip attorney general of all powers

The Knesset passes in a preliminary reading two of a number of bills intended to break up the position of attorney general into several, more limited, positions, essentially emptying it of all authority it holds today.

Votes on other similar bills are ongoing.

Lawmakers vote 61-41 in favor of a preliminary reading of a bill by New Hope MK Michel Buskila. A similar law sponsored by Likud MK Eli Dallal also passes 61-46.

The coalition’s main legislation would split the position into three separate jobs. It would preserve the role of an attorney general as the legal adviser to the government, while also creating a position of prosecutor general and of government representative to the court.

Under the new legislation, the government would not be required to act in accordance with the attorney general’s positions. The management of the Attorney General’s Office would also no longer be under the sole control of the attorney general; rather, it would be subject to the government and the justice minister.

Buskila’s bill says the decision to open an investigation against top officials would require the approval of a senior committee composed of a High Court justice, a former attorney general and a private-sector attorney.

The bills that pass their preliminary reading will now be referred to committee and need to pass three more readings to become law.

The legislation is likely to face serious legal challenges, since the attorney general today acts as one of the few checks on executive power in Israel’s system of government.

The bills come as the coalition has been trying unsuccessfully for months to fire the sitting attorney general, Gali Baharav-Miara, accusing her of working against the government and undermining its interests. Baharav-Miara has opposed several of the government’s signature legislative initiatives, including its controversial proposed judicial overhaul, and has also refused to defend the government in proceedings in the High Court against some of its policies and legislation.

The bills pass with the support of the coalition’s far-right and ultra-Orthodox parties. In a statement, the Otzma Yehudit party says that the bills are intended to “separate the unified role of the attorney general into two separate roles: an attorney general whose role will be reduced to providing legal advice to the government and representing it in the courts in civil and administrative matters, and a prosecutor general who will head the general prosecution and handle all criminal matters.”

“This is an important day for Israeli democracy. It is time to put an end to a situation in which one person holds enormous power — both attorney general and prosecutor general. The split is a necessary step that restores balance and transparency to the government in Israel. This is not a revolution against the legal system, but a necessary amendment for the benefit of the people of Israel and the State of Israel,” says National Security Minister Itamar Ben Gvir.