While under the cloud of investigations against him, Israeli PM Netanyahu continues to run the government and foreign affairs at full speed. He has denied any wrongdoing and says he is the victim of a witch hunt. Just this week he was able to prevent the most serious crisis to date that threatened the coalition’s very existence and drag the nation into an early election. At a meeting with ministers of his Likud party on Sunday, Netanyahu said he was working for a stable government that would serve out its term until a national election due in November 2019.
The crisis erupted in recent weeks when the Council of Torah Sages demanded that Deputy Health Minister Yaakov Litzman’s United Torah Judaism party (UTJ) make his support for the 2019 state budget dependent on the passage of an amendment to the current conscription law that would solicit state recognition of Torah studies to being equal to military service. Kulanu chief, Finance minister Moshe Kahalon, threatened to leave the coalition if the voting on the budget did not take place on time.
The original amendment to the Conscription Law, which was established in the previous secular coalition, constituted a major breakthrough in bringing Haredim (Ultra-Orthodox religious Jewish men) into the military by setting an annual quota for Haredi conscripts, where Haredi men of military age were permitted to delay their service in case the annual quota of ultra-Orthodox conscripts was met. A little over two years ago, Netanyahu won another election, his forth as Prime minister of Israel. He had to form a coalition that included 13 members of Haredim. In the present government, they fought to change that law and a new one went into effect, reducing the quota of Haredi conscripts.
With the court’s ruling that the adjustment was unconstitutional however, which gained the backing of 8 out of 9 judges, the government will now be required to increase the quota of Haredi conscripts within one year. “We are compelled to return the matter back to the Knesset,” concluded Supreme Court Chief Justice Miriam Naor. “At this stage, it is clear that it is no longer enough to make do with non-binding and non-enforceable arrangements whose outcome is unknown.” According to the judges, the cap imposed following the Knesset’s ratification “harmed equality.”
The Haredi parties have decided on advancing the legislation as a basic law in order to prevent the High Court of Justice from intervening and striking it down. To become a basic law, the proposed legislation needs 61 votes to pass in Knesset and not just a simple majority.
The bill says that “Torah study is a foundational value in the heritage of the Jewish people,” and that “the State of Israel, as a Jewish state, sees supreme importance in encouraging Torah study and Torah students.” (by Torah, they include mainly the Oral Law)
It adds that the state “will see in those who dedicate themselves to studying Torah for an extended period as someone who does substantial service for the State of Israel and the Jewish people,” meaning in lieu of military service. They have stated explicitly that the law is designed to override the decision of the High Court of Justice, which ruled in September last year that blanket military service exemptions were discriminatory and harmed the principle of equality before the law.
The Haredi’s reasoning for the bill is that “Throughout the history of the Jewish people many tried preventing yeshiva students from studying, both within and without the Jewish people. Some used force, others different methods. Neither has ever been able to halt the study of the Torah, nor will they. Those studying Torah will continue their studies, with or without the High Court. I categorically reject the court’s ruling and we’ll rectify this situation in the coming year and there’s nothing they can do about it, as the judges don’t have any idea what studying the Torah means or that our entire existence is predicated on them continuing to do so, as is the entire world’s.” The Council’s members instructed the Haredi MKs (Members of the Knesset, Israeli government parliament) to continue insisting on a new bill passing all three of its readings for approval before voting on the state’s 2019 budget. “That means simply elections,” a United Torah Judaism (UTJ) said.
After the Council’s approval, the bill will be placed on the Ministerial Legislation Committee’s docket and then sent to a preliminary Knesset reading, without Defense Minister Avigdor Lieberman’s party members having to vote for it.
The bill is based on a framework put forward by Shas Knesset member Yoav Ben-Tzur, which states that a goal will be set of 3,800 Haredi recruits joining the IDF (Israeli Defense Force) and national service with each recruitment cycle—with their number gradually increasing. A letter disseminated to Haredi MKs by the Council’s secretary said, “I have been asked to inform you that the Council of Torah Sages’ decision to pass the yeshiva student draft bill before approving the budget has remained unchanged and that you must follow it.”
In addition, the law will omit any sanctions or incentives, instead including an article stating that the government will inspect general draft quotas every five years and if it finds Haredi conscripts failed to meet them, the law will expire.
Despite estimates that an accord may yet to be reached with the Haredi parties, Likud remains unsure about how to solve the political crisis with defense minister Lieberman, who flatly refused to vote on bills considering the military without promulgated by a professional defense establishment committee.
Another problem that remains to be tackled is the defense minister’s statements that members of his party will vote against the bill.
A Likud source voiced some optimism at the conclusion of Litzman’s meeting with the PM. “We’re trying to promote a compromise with the Haredim, but Lieberman’s assent is also required,” he said.
Trying to reach a compromise with the Haredim, Netanyahu met with the heads of the coalition to discuss the matter of the draft bill further, so the crisis surrounding the draft bill could be resolved.
“The meeting of coalition heads took place with a good atmosphere. There is still no agreed-upon wording between the Haredi parties. Coalition heads are waiting for their draft and after that the discussions will continue in order to resolve the crisis,” a statement by the Prime Minister’s Office said.
After days that every side stayed firm on their demands, the unwillingness to go to elections prompted coalition members to work on a compromise that will include alterations to the proposed amendment of the bill.
Defense Minister Avigdor Liberman promised that his own political party, “Yisrael Beytenu would support a bill only if it is drafted by the defense establishment and the IDF. On the matter of security, there is no compromise.”
On Wednesday, Netanyahu was able to broker a compromise deal acceptable on all sides, and the crisis is over.
The deal managed to strike a delicate balance, ensuring that the conscription bill passed the same evening in its preliminary reading in the Knesset Plenum, but all factions were given the freedom to vote as they please.
Finance Minister Moshe Kahlon’s (Kulanu) 2019 state budget will pass all three readings in the Knesset in the near future, while the nationality bill will be brought to a first reading vote no later than Thursday.
The bill passed with a 59 MK majority, with 38 MKs voting against it, including Landver, with no abstentions.
“I promised to continue the existence of the government and I delivered. I am grateful to my partners in the coalition who demonstrated responsibility so that we can continue to lead the State of Israel with determination and success—in security, in the economy, in social matters, and in foreign diplomacy,” Netanyahu proudly proclaimed from the podium as he addressed the Knesset Plenum.
Defense Minister Avigdor Lieberman was also pleased, “The deal that we stood for all along has been fully accepted. Yisrael Beytenu (his party) will vote against the draft-dodging bill. Until the beginning of the summer session, a professional team in the Defense Ministry will formulate a bill proposal, which will itself form the basis of a governmental bill, while legislation on religion and state will be frozen. The legislative process will continue with the law being incorporated into a Defense Ministry governmental bill agreed upon by all coalition factions and coordinated with Attorney General Avichai Mandelblit.”
From left, Avigdor Lieberman, PM Netanyahu and Yaakov Litzman
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