The State informed the High Court of Justice last week, in response to a petition filed by the Movement for Quality Government in Israel (MQG), that the Prime Minister intends to appoint an Interior Minister during the election period. The announcement came after the Court ordered the State to detail the difficulties resulting from the absence of a permanent Interior Minister and explain how it intends to address them.
In its petition against the government and the Prime Minister, MQG demanded the appointment of a permanent Interior Minister and the reversal of government decisions transferring certain powers of the Interior Minister to the Prime Minister. MQG argued that assigning individual ministerial powers on an ad hoc basis cannot substitute for a permanent minister who bears full responsibility for the Ministry’s operations.
In its response, the State acknowledges that the absence of a permanent Interior Minister creates significant legal and practical difficulties, which are becoming increasingly serious as time passes. The State further makes clear that the temporary measures adopted, including the transfer of powers to the Prime Minister, do not provide a comprehensive solution and themselves raise additional difficulties.
According to the State’s response, the government has so far decided to transfer approximately 90 powers of the Interior Minister to the Prime Minister and one additional power to the Minister of Finance. The Knesset has approved the transfer of 56 of these powers, while approximately 35 additional powers have yet to receive approval.
The difficulties identified concern, among other areas, powers relating to Knesset elections, the voter registry, voting by soldiers, immigration and citizenship, entry into Israel, senior appointments, local government, municipal property taxes, planning and construction, and education. The Central Elections Committee has also indicated that it is reasonably likely that certain powers of the Interior Minister will need to be exercised during the election campaign.
The Prime Minister’s announcement that he intends to appoint an Interior Minister is a significant development resulting from the proceedings in the petition. However, no appointment has yet been made, and the petition remains pending before the Court.
Adv. Tomer Naor, Vice President of Legal Affairs and Strategy at the Movement for Quality Government in Israel: “The State now clearly acknowledges that the absence of a permanent Interior Minister creates significant legal and practical difficulties and affects a wide range of essential government functions. A central government ministry cannot be run indefinitely through temporary arrangements and piecemeal transfers of authority. The Prime Minister’s announcement is an important step, but a statement of intent is not enough. MQG will continue to insist on the appointment of a permanent Interior Minister who will assume full responsibility for the Ministry and the essential services it provides to the public.”
