Foreign Minister Gideon Sa’ar on Monday sharply criticized the concentration of powers in Israel’s Attorney General’s Office, saying that the phenomenon has no parallel in any democratic country worldwide.
Sa’ar’s statements were made during a discussion in the Knesset’s Constitution Committee as part of the preparation for the first reading of several bills to split the Attorney General’s role.
“There is no parallel in the democratic world to the concentration of powers in the hands of an unelected individual as in the role of the Attorney General here,” Sa’ar said. “How is a minister supposed to conduct a discussion with someone who is supposed to be both his adviser and his executioner? There is an inherent conflict of interest in the role.”
He added, “The very fact that the Attorney General controls, like a dictator, the ability to present arguments before the court is unreasonable. Disagreement is not allowed, nor is presenting alternative positions.”
The members of the committee discussed three legislative proposals to split the role:
1. Proposal by MKs Simcha Rothman, MK Ohad Tal, and MK Michal Woldiger
– Restructure Israel’s legal advisory and prosecution system by splitting the Attorney General into three distinct roles:
– Attorney General
– Prosecutor General
– State’s legal representative in the courts
The move includes significant changes to appointment procedures, qualifications, tenure, and powers.
2. Proposal by MK Michel Buskila, joined by MKs Eli Dallal, Yitzchak Kroizer, Nissim Vaturi, and Eliyahu Revivo
– Transfer authority to decide on investigations or indictments of the Prime Minister, ministers, and MKs from the Attorney General to the State Prosecutor.
– Decisions would require approval from a three-member committee comprised of a retired Supreme Court judge appointed by the Court President, a former Attorney General appointed by the Justice Minister, and a private defense attorney appointed by the Public Defender.
3. Proposal by MK Chanoch Milwidsky, joined by MKs Yitzhak Kroizer and Ariel Kallner
– Separate the Attorney General’s advisory role from criminal prosecution.
– Establish a Prosecutor General with authority over criminal proceedings.
During the discussion, Sa’ar revealed that he had clarified his intention to pursue the splitting of the Attorney-General’s role prior to the appointments of Attorney General Gali Baharav-Miara and State Attorney Amit Aisman, and they did not voice any objections.
“I made it clear to the Attorney General and the State Attorney before their appointments that I intend to lead this process,” he said. “I do not recall any objection in any of the meetings I held with them.”
Sa’ar also reminded the committee that his party’s coalition agreements with Yesh Atid in the previous government (when Baharav-Miara was appointed) included a clause supporting the division of the Attorney General’s responsibilities.
Yesh Atid members at the meeting responded with fury to Sa’ar’s words, and Committee chairman Simcha Rothman was forced to expel four opposition MKs from the room.
(YWN Israel Desk—Jerusalem)