Another Ben-Gvir victory: Law used to bar Marzel, Ben Ari from Knesset to be repealed

“This anti-racism law has never been used against Arabs, only Jews,” explains Otzma Yehudit head.

Israel National News

(R. to l.) Baruch Marzel, Itamar Ben-Gvir, Dr. Michael Ben AriNoam Rivkin Fenton/Flash 90, Eliran Aharon, Avshalom Sassoni/Flash90

New details have emerged regarding the coalition agreement between the Likud and Otzma Yehudit parties which are likely to satisfy right-wing figures such as Bentzi Gopstein, Baruch Marzel, and Dr. Michael Ben Ari.

Prime Minister-designate Benjamin Netanyahu has acceded to the demand of Otzma Yehudit head and National Security Minister-designate Itamar Ben-Gvir to cancel Clause 7A of the Basic Law: Knesset, which prevents anyone who incites toward racism or who negates the existence of Israel as a Jewish-democratic state from running for the Knesset.

As it stands, this clause bars anyone from running for the Knesset if their aim or their party’s aim (whether explicit or implied) is to deny the existence of the State of Israel as a Jewish and democratic state. Individuals or parties which act toward the same goal, or which incite toward racism are likewise barred from running for national public office.

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It was Clause 7A that was cited by the Supreme Court when invalidating the candidacies of several of Ben-Gvir’s close associates — Baruch Marzel, Bentzi Gopstein, and Dr. Ben Ari. In explaining why he is insisting that the clause be repealed, Ben-Gvir noted that to date, it has only been used against Jews and that not a single non-Jewish inciter or racist has been barred from running for a Knesset seat under its provisions.

An additional clause in Otzma Yehudit’s agreement with Likud will see Ben-Gvir appointed as acting chairman of the ministerial committee for legislation. “Just as we promised our voters we would, we have done everything possible to establish an entirely right-wing government which will restore governance and pride to the Jewish People, a government which will support our soldiers and police officers in their important battle,” Ben-Gvir said.

“It is so very symbolic that during the festival of Hanukkah, a festival that symbolizes the spreading of light, we are establishing a right-wing government in order to keep our promises to our voters and to protect our soldiers and police who battle on our behalf — a government that will benefit the entire Jewish People,” he added.

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A bill that would assign incoming national security minister Itamar Ben Gvir authority over the police force will be partially delayed, after a number of legal advisers warned against the rushed nature of the legislation currently making its way through a Knesset committee.

The most controversial part of the bill, which would force the police chief to acquiesce to the minister on policy decisions, will be pushed off until after the government is sworn in, expected in early January, along with a part of the bill relating to a timeline for police investigations, Ben Gvir tells the committee.

Other parts of the bill regarding authority granted to the revamped ministerial post and setting police policies on probes will stay on the table.

A statement from Otzma Yehudit says the clauses are split out “so the bill will not be struck down by the High Court.”

Yesh Atid takes credit for the delay, claiming that it worked “hour upon hour,” to reach “this amazing capitulation.”

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Otzma Yehudit party chief Itamar Ben Gvir (L) speaks with chief of staff Chanamel Dorfman during a Knesset special committee to discuss his proposed Police Ordinance changes, December 18, 2022. (Yonatan Sindel/Flash90)<
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The far-right Otzma Yehudit party said Thursday morning that it had reached an agreement with incoming prime minister Benjamin Netanyahu’s Likud party on the key content to be featured in their yet-to-be-signed coalition deal, hours after Netanyahu formally notified President Isaac Herzog that he had succeeded in cobbling together what will be Israel’s most hardline government yet.

According to an Otzma Yehudit statement, the parties agreed to hand party leader Itamar Ben Gvir the deputy chair position on the ministerial panel that determines the government’s position on legislation, a role Ben Gvir has demanded in hopes of using it as a vehicle for veto power over bills he wants to quash.

In addition, the Otzma Yehudit readout said that an agreement was reached on principles and legislation to be advanced on supporting security forces, enhancing governance, developing underserved Israeli towns, promoting “Jewish identity” and reforming the judicial system. The party did not specify which points were principles and which would be converted into bills.

A spokesman for the party confirmed that the content is a “final” version but the deal has yet to be inked and executed. Likud has not commented on the agreement and did not immediately answer a request for clarification.

Addressing the deal, Ben Gvir said that “we did everything to establish a fully right-wing government that would return governance and pride to the people of Israel and support the soldiers and police in their important struggle.”

Despite only holding six seats in Netanyahu’s 64-strong coalition, Ben Gvir is pressing hard to get a legislative veto on the powerful Ministerial Committee for Legislation. The committee is a government panel that decides the coalition’s voting position on bills and can make or break legislation.

Unsourced Hebrew media reports on Wednesday said that one possibility is that Ben Gvir will be allowed to use a limited number of vetoes. This reported development has faced harsh criticism, even from senior lawmakers within Likud.<
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Likud MK David Bitan, at times a Netanyahu critic, told Army Radio Thursday that the legislative veto is one of a string of concessions that Netanyahu has made during negotiations that were “not called for.”

In addition to the potential Ben Gvir veto, Bitan said that the number of plum ministerial positions and committee appointments doled out to coalition partners was “not okay.”

The deputy chair position and veto that Ben Gvir is seeking on the government’s legislative position panel — which is slated to be chaired by Netanyahu himself — come in addition to Ben Gvir’s expected appointment to head the National Security Ministry. He has been promised expanded powers over the police, as well as taking over control from the IDF for the West Bank Border Police unit.

Legislation that will make the police commissioner subordinate to Ben Gvir is currently in committee debate in preparation for its final Knesset votes, wchi are expected next week.

Despite never serving in the military and carrying convictions for supporting a Jewish terror group and racial incitement, Ben Gvir has positioned himself as a strong supporter of the security services. Amid a lingering terror wave and complaints of under-policing, his message found support with voters frustrated by a widespread lack of personal safety in many areas of the country.

Among his signature promises to voters, Ben Gvir has promised to slacken open fire rules and to expand immunity for security services.<
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Hours after Netanyahu met his deadline to declare he had cobbled together a government, only Otzma Yehudit and fellow far-right party Religious Zionism have reached full terms with Likud.

All other parties have in the past weeks signed annexes or letters stipulating the granting of jobs and some policy points.

Ultra-Orthodox party United Torah Judaism (UTJ) has the most unresolved issues with Likud, as the two factions work to close matters related to the delicate balance between religion and state, as well as educational funding and benefits for the Haredi sector.

While UTJ continues to press legislation that will exempt full-time yeshiva students from Israel’s compulsory military service, some Hebrew outlets reported Thursday that UTJ leader Yitzhak Goldknopf, now holding national office for the first time, will get a place on the influential security cabinet, which is in charge of crucial policy decisions on security matters.

If so, it would be the first time that a UTJ minister received the sensitive appointment.

Goldknopf is slated to be housing minister, and in recent days his management of real estate holdings has been called into question. Earlier this month, he said he was not aware of Israel’s housing crisis, an ongoing issue driven by short supply and soaring home prices.

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