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Rules of Procedure | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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PART A
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Composition of permanent committees
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9.
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(a)
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The Knesset shall decide the make-up of the permanent committees, and their
members shall be selected by the Knesset, on the basis of the principle of
parliamentary group representation.
(1) Despite what is said in paragraph (a), a parliamentary group that has the
right to appoint a member to one of the Knesset committees, is entitled to
appoint him from amongst the members of another parliamentary group.
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(b)
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Should the seat of a committee member become vacant, the parliamentary group
shall select another member to replaced him, while preserving the principle of
parliamentary group representation as stated in paragraph (a); The Knesset
Speaker shall inform the Knesset who the new representative of the
parliamentary group in the Committee is, in accordance with the notice given by
the head of the parliamentary group, as presented to him in writing.
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Temporary replacement (amendment No. 72)
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9a.
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(a)
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(1) Should a permanent member of a permanent committee (hereinafter, in this
article and in article 9b - a committee member) be temporarily absent - he may
be replaced in the Committee by another member from his parliamentary group
only;
(2) Should a member of a committee, who belongs to a single member parliamentary group, be absent - he shall not be replaced in the committee by another Member of the Knesset. |
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(b)
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In absence of consent regarding the identity of the replacement on behalf of
the parliamentary group - the head of the parliamentary group, or his
replacement, shall decide on the matter, and in their absence the Chairman of
the Committee shall decide.
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(c)
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(1) In this paragraph, "represented parliamentary group" - a parliamentary
group that has appointed a member in a committee from amongst the members of
another parliamentary group, as stated in article 9(a)(1);
(2) Should a member of a committee on behalf of a represented parliamentary group, be temporarily absent, another member of his parliamentary group is entitled to replace him; Should a member of his parliamentary group, as stated, fail to participate in a meeting, a member of the represented parliamentary group is entitled to act as a replacement in the Committee. |
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(d)
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The rules applying to a replacement in a committee under this article, are the
same as those applying to the absent committee member, unless special
instructions have been laid down regarding members of the Committee; However,
the replacement shall not run the Committee's meeting.
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(e)
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The instructions in this article shall also apply to a joint committee, a
committee on particular matters, a parliamentary committee of inquiry and a
sub-committee.
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Permanent replacement (amendment No. 72)
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9b.
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(a)
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(1) The House Committee is entitled to determine committees, whose members
shall have permanent replacements from their parliamentary groups, as long as
their number shall not surpass the number of members in those committees; The
permanent replacements shall be selected by the Knesset, and the instructions
of article 9(b) shall apply.
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(b)
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Should a member of a committee be temporarily absent, and a permanent
replacement is present in the Committee - the instructions of article 9a shall
not apply.
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(c)
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The rules applying to a permanent replacement in a committee under this
article are the same as those applying to a member of the Committee, unless
special instructions have been laid down regarding members of the Committee;
However -
(1) Should a permanent member of the Committee be present at a meeting, the permanent replacement shall not be able to participate in a vote; (2) The permanent replacement shall not be selected to serve as chairman, or as a member of a sub-committee, or of a joint committee, and shall not run meetings of the Committee, or of the committees mentioned in this clause, in the absence of the Chairman. |
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Special instructions for the Foreign Affairs and Defence Committee (amendment
No. 72)
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9c.
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(a)
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The instructions of article 9a shall not apply to a temporary absence of a
member of the Foreign Affairs and Defence Committee, or one of its
sub-committees, or their permanent replacements.
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(b)
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The replacement of permanent members in the Foreign Affairs and Defence
Committee as stated in article 9(b) shall be for a period of no less than three
months.
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Chairman of a permanent committee
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10.
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(a)
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A permanent committee shall elect its chairman from among its members, on the
basis of a recommendation by the House Committee.3
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(b)
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A Deputy Minister cannot be chairman of a committee.4
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(c)
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Should a chairman of a committee be appointed as a minister or a deputy
minister, or should he cease to serve as the chairman of a committee in the
course of the Knesset’s term for some other reason, the Committee is entitled
to select a temporary chairman from among its members, in the manner described
in clause (a), and he shall have, until a permanent chairman is selected, all
the powers of the Chairman.
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Restriction to election (amendment No. 63 & 86)
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10a.
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(a)
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Once the Attorney General has deposited a copy of the indictment, against a Member of the Knesset,as stated in article 4(a) of the Immunity Law or should criminal proceedings, in their sense under the Knesset Law, be taking place against a Member, and it has been proposed to elect the Member as a committee chairman, the House Committee shall adopt one of the following (options), whether or not it was decided that he should have immunity from criminal proceedings; | |
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(1)
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There is no obstacle to prevent the Knesset Member being elected to the
position;
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(2)
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The Knesset Member shall serve in the position, with or without restrictions
determined by the Committee, and all this until the legal proceedings against
him have terminated ,and if it has been decided that he shall enjoy immunity
from criminal proceedings - for the whole period of his term in that Knesset,
or for a shorter period as determined by the Committee;
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(3)
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The Knesset Member should not be elected to the position.
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(b)
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The House Committee shall not adopt a decision as stated under paragraph
(a)(2) or (3), until after giving the said Knesset Member an opportunity to
present his case.
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(c)
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The provisions of article 101a shall apply to the deliberation in the
Committee.
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(d)
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Should the House Committee adopt a decision as stated in paragraph (a)(2) or
(3), the Knesset Member is entitled to appeal the decision before the Knesset;
The appellant shall substantiate his appeal, and the Chairman of the House
Committee, or whoever he has authorized for the purpose, shall respond to the
appeal, each of them within a time limit that shall not exceed 15 minutes;
After hearing the sides, the Knesset shall hold a vote without any further
debate.
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(e)
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The voting in the House Committee and the Knesset shall be open.
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(f)
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The Knesset Member is entitled to request, that the deliberation of his matter
take place in the Ethics Committee, should it have been set up; Should the
Member make such a request, the rules customary in the Ethics Committee shall
apply to the deliberations, and the provisions of paragraph (d) shall not
apply; The Ethics Committee shall lay its reasoned decision on the Knesset’s
table.
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(g)
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As long as the proceedings under paragraphs (b) to (f) have not terminated,
the Committee shall elect a temporary chairman from among its members, on the
basis of the recommendation of the House Committee.
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Suspension from office (amendment No. 63)
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10b.
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(a)
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The House Committee is entitled, on the basis of a resolution adopted by most
of its members, to suspend a committee chairman from his office, or determine
restrictions to it,once the Attorney General has deposited a copy of the
indictment, against him, as stated in article 4(a) of the Immunity Law, or if
criminal proceedings are taking place against him, in their sense under the
Knesset Law,whether or not it was decided that he should enjoy immunity from
criminal proceedings, and this until the legal proceedings against him are
terminated, and if it was decided that he shall have immunity from criminal
proceedings, for the whole period of his term in that Knesset, or for a shorter
period as determined by the Committee.
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(b)
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A decision by the House Committee under this article shall be subject to the
instructions of article 10a(b) to (g), with the necessary adaptations.
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A decision after sentencing (amendment No. 63)
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10c.
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(a)
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Once a final verdict has been given in the trial of a committee chairman, or
anyone against whom proceedings have been taken (hereafter - the subject), and
the provisions of article 42a in Basic Law: the Knesset do not apply, the House
Committee or Ethics Committee, as the case may be, is entitled to lift the
restriction placed upon him on the basis of article 10a, or cancel the
suspension on the basis of article 10b, and elect the subject as the permanent
chairman of the Committee, with or without restrictions, or decide that the
subject shall not serve, or shall cease to serve as a committee chairmen, as
the case may be.
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(b)
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The provisions of article 10a(b) to (f) shall apply to the proceedings under
this article.
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Other position holders (amendment 63)
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10d.
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The provisions of articles 10a to 10c shall apply, with the necessary
adaptations, to other position holders in the Knesset, as determined by the
House Committee.
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Members of the Ethics Committee (amendment No. 63 & 86)
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10e.
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(a)
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The Speaker shall not appoint as a member of the Ethics Committee, a Member of
the Knesset,against whom the Attorney General has deposited a copy of an
indictment, as stated in article 4(a) of the Immunity Law, or against whom
criminal proceedings, in their sense under the Knesset Law, are being held, or
who has been convicted during the term of that Knesset in a final verdict for a
criminal offence, and this whether or not it was decided that he shall have
immunity from criminal proceedings.
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(amendment No. 86) |
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(b)
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The Speaker is entitled to suspend the membership of a Member of the Knesset
in the Ethics Committee, once the Attorney General has deposited a copy of an
indictment against him as stated in article 4(a) of the Immunity Law, or if
criminal proceedings, in their sense under the Knesset Law, are being held
against him, and this whether or not it was decided that he shall have immunity
from criminal proceedings; Should the Speaker decide to suspend the Member of
the Knesset, the Speaker is entitled to appoint a replacement for him, for the
period of the suspension. The Speaker of the Knesset shall determine the period
of the suspension, but should criminal proceedings have been held against the
Knesset Member, the suspension should continue as long as the proceedings have
not come to an end.
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(c)
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Should the court acquit the Knesset Member in a final verdict, the Speaker
shall decide whether the Member shall return to serve as a member in the Ethics
Committee, or whether he shall be removed from his post, and another member
shall be appointed in his place.
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Acting chairman of a committee
(amendments No. 14 & 83)
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11.
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(a)
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The Chairman of a permanent committee may, from time to time, appoint one of
the Committee’s members to act in his place for a period that shall not exceed
two weeks.5
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(a1)
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Should a chairman of a committee leave the State’s boundaries, or should he be
unable to fulfill his post for a period of no more than two weeks, he shall
appoint a replacement for this period, and shall inform the Speaker of the
Knesset thereof.
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(b)
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The acting chairman of a committee shall have all the powers of the Chairman.
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Term of office
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12.
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The term of office of a permanent committee shall be the same as the term of
office of the Knesset.6
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The permanent
committees
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13.
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(a)
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These are the permanent committees and their spheres of
concern7 :
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and their spheres of concern (amendments Nos. 9, 10, 28, 45, 55, 56, 57
83, 86 & 92)
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(1)
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The House Committee: the Knesset Rules of Procedure, and matters deriving from
them8; Members' immunity,9
and requests to lay down or lift
this immunity; House arrangements; Recommendations concerning the make-up and
chairmen of the permanent committees and of committees on specific matters;
Delimitation and coordination of the Committees’ business; Referral to the
Speaker, or to the appropriate committees, of petitions presented by the public
to the Knesset; Consideration of complaints against Members of the Knesset;10
payments to Members of the Knesset; Consideration of requests and matters that
do not concern any other committee, or that have not been included among the
duties of another committee.
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(2)
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The Finance Committee: the State budget; taxes of all types; customs duties
and excise; loans; currency and foreign currency matters; banking and
banknotes; state revenue and expenditure.
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(3)
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The Economics Committee: trade and industry; supply and rationing; agriculture
and fisheries; all branches of transportation; cooperative societies; economic
planning and coordination; development; state concessions and custodianship of
property; property of absentee Arabs; property of Jews from enemy countries,
and of deceased Jews; public works; housing.
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(4)
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Foreign Affairs and Defence Committee: foreign policy of the state, its armed
forces and the security.
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(5)
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Internal Affairs and Environment Committee: local government; town planning;
entry into Israel, and population registry; citizenship; press and information;
religious and cultural communities; religious organization of Jews and
non-Jews; police and prisons; environment.
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(6)
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Constitution, Law and Justice Committee: the constitution of the State; Basic
Laws; laws and the administration of justice.
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Immigration, Absorption and Dispersions Committee: immigration; absorption;
dealing with emigrants; Jewish and Zionist education in the Diaspora; all
related matter within the terms of reference of the Board for Coordination
between the Government of Israel and the World Zionist Organization, and
between the Government of Israel and the Jewish Agency for Eretz Yisrael.
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(8)
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Education, Culture, and Sport Committee: education; culture; science; art;
broadcasting; cinema; sport.
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(Amendment No. 57)
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(9)12
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Labour, Social Welfare and Health Committee: labour; social security,
including system of income assurance; the National Insurance Institute; health;
relief; rehabilitation; disabled persons and their rehabilitation, including
IDF disabled, families of war victims, and other casualties; juvenile
delinquents; pensions and benefits; system of payments to soldiers and their
families.
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(10)
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State Control Committee: contact with State Comptroller and Ombudsman; powers
under the State Comptroller Law and other statutes; the status and powers of
internal auditors.
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Amendment No. 45
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(11)
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The Advancement of the Status of Women Committee: to advance the status of
women toward equality in representation, in education, in marital status, and
to prevent discrimination based on gender or sexual inclination in all spheres;
to reduce gaps in the economy and labour market; to struggle against violence
against women.
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Amendments Nos. 56 & 76
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(12)
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The Science and Technology Committee: civil research and development in
Israel; advanced technologies; environmental research and development;
scientific research in the Israeli Academy of Sciences; scientific research
outside institutes of higher education; research institutes; chief scientists
of all the government ministries; National Council for Research and
Development; research funds; information and computerization; and everything -
in the civilian sphere that is not security related.
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(b)
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The Knesset may, from time to time, appoint additional permanent committees.
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(c)
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The House Committee is authorized to decide in the case of differences of
opinion regarding committee jurisdictions.
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Duties and powers of a permanent committee (amendment No. 24)
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14.
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(a)
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The duties of a permanent committee within its jurisdiction are: consideration
of bills, regulations requiring the approval of the Committee or consultation
with it, and regulations that have been made, petitions by inhabitants
submitted to the Knesset, or that have been submitted to the Government, and
referred to the Knesset for consideration and drawing of conclusions, and any
other matter referred to the committee for its consideration by the Knesset.13
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(b)
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The Committee is entitled to call upon the Minister concerned for explanations
and information on an issue referred to it, or which falls within its
jurisdiction, and the Minister, in person or by means of his representative, is
obliged to give the requested explanations or information.14
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Sub-
committees (amendment No. 38)
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15.
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(a)
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(b)
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Members of the Committee who are not members of a sub-committee, shall have
the right of reservation, even if all of the committee's powers have been
transferred to the sub-committee; This provision shall not apply to
sub-committees, whose meetings are confidential as provided in article 102a(d).
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(c)
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The Chairman of a sub-committee shall be selected by the permanent committee
at the time of the establishment of the sub-committee.
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Joint committees17 (amendment No.
5 & 90)
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16.
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(a)
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Should the Knesset or the House Committee decide to refer a bill, or the
subject of a Member's motion for the agenda, to two committees for joint
consideration, a special committee shall be formed by the House Committee, with
an identical number of members from each of the two committees.18
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(b)
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The Chairman of the Joint Committee shall be determined by the House Committee
from among the members of the Committee to which, in the opinion of the House
Committee, the matter is more pertinent in terms of its functions.
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(c)
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For all purposes of deliberation, taking of decisions, and reporting, a joint
committee shall be considered a special committee.
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(d)
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A committee that wishes to set up a joint committee with another committee, or
to hold a joint sitting with it, shall seek and obtain the concurrence of that
committee for the purpose, unless it has already been so decided in the House
Committee.
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Special committees (amendment No. 90)19
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17.
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The Knesset shall appoint from time to time, upon a recommendation of the
House Committee, a special committee, whose status shall be that
of a permanent committee in all respects, except for its term of office, unless
the Knesset has laid down other provisions.
3 A Member of the Knesset is fit to
fulfill the full range of positions assigned to Members, including the position
of chairman of the
House Committee, even if he has been convicted of offences that carries with
it disgrace (HCJ - 7367/97, the Movement for the Quality of Government in
Israel v. the Attorney General and others (not yet published) (the verdict was
given before articles 10a to 10c of the Rules of Procedure were introduced.
4 In the official gazette this
appears mistakenly as paragraph (c)
5 The Committee recommends to the
Chairmen of the Committees, to appoint in advance acting chairmen for the
purpose of running
a meeting only, in the event of the absence of the Chairman for a short
period. (HCR - 8.7.1980)
6 This refers to the actual existence
and operation of the Committee, and not its make-up; The permanency of the
Committee
manifests itself in the fact that the period of its existence is parallel to
that of the Knesset, but one should not conclude from this that there is a
prohibition on replacing members of the Committee. (HCJ 482/88, Reisser v. the
Speaker).
7 In addition to the committees
enumerated in this article, the following committees also exist:
(i) The Ethics Committee: see article 13d of the Knesset Members’ Immunity,
Rights and Duties Law, 1951, and Chapter Seven of the Knesset Members’ Rules of
Ethics;
(ii) The Interpretations Committee - see article 149 of the Rules of
Procedure.
8 The authority to hear an appeal to
the decisions of the Speaker, or the Speaker and the Deputy Speakers, is given
to the
House Committee on in cases in which the Rules of Procedure grant this
authority to it explicitly. (HCR - 28.1.1969)
9 Should the Member of the Knesset
complain to the House Committee about being harmed by someone, which
constitutes a breach
of the Knesset Members’ Immunity Law, the House Committee shall examine the
facts. Should it find that the complaint is
justified, it shall ask the Speaker to hand the matter over to the General
Prosecution, with an instruction to place the culprit on trial
on criminal charges due to the offence. (HCR - 20.1.1953)
10 The House Committee took note
on 4.11.1980 of the agreement reached in a meeting, with the participation of
the Speaker and
the chairman of the House Committee, according to which “there is no obligation
for a minister to come to committee meetings, in order to present his arguments
regarding a complaint made against him”.
11 Amendment of 18.1.1999
12 According to article 1 of the
Knesset Committees Law (the Labour and Social Welfare Committee), 1977 “every
power and task
granted by law to the Labour Committee of the Knesset, or the Public Services
Committee of the Knesset, shall be vested in the Labour and Social Welfare
Committee of the Knesset, but the Knesset is entitled, in a decision based on a
proposal by the House Committee, to decide that a said power or task shall be
granted to another committee of the Knesset”.
13 Prevention of overlapping in
deliberations in the Committees’ work:
(a) Each of the Knesset Committees, deals with the issues referred for its
consideration by law.
(b) Should the Knesset plenum refer an issue for the consideration of a
committee, or should the House Committee decide to refer an issue for the
consideration of a certain committee following a Knesset resolution, that
Committee shall deal with the said issue.
(c) Every committee that raises an issue, shall uphold the delimitation of
content as laid down in the Rules of Procedure. In the case of divergence, that
causes overlapping in the Committees’ work, the House Committee shall act
according to its authority. (HCR - 23.7.1974)
14 This applies to the authority
of the Committee, and not the authority of a committee member as such. . (HCJ -
337/83, MK
Haim Ramon v. the Minister of Justice, Verdicts, 37 (3) p. 418)
15 The intention is a majority of
two thirds of the Committee members. (HCR - 8.10.1991)
16 The sub-committees set up by
the Finance Committee to deal with issues of health and social welfare,
housing, agriculture, local
authorities, enterprises in distress, and consumerism, cannot be
sub-committees, since they all deal with spheres that are under the
jurisdiction of other committees. The argument that these issues have to do
with budgetary problems, cannot stand the test, since there is no action that
does not have budgetary ramifications. (HCR - 30.1.1990)
17 The provisions of article 16
apply also to joint committee set up by law; The custom is that the Chairman of
the Committee is
appointed from among the members of that committee, whose name is mentioned
first in the article setting up the Joint Committee.
18 The Chairman of one committee
shall not directly invite members of other committees. (HCR - 18.7.1950)
19 The fourteenth Knesset decided,
on 9 December 1996, to set up a special committee on matters of scientific and
technological
research and development, for the duration of the fourteenth Knesset. The
fifteenth Knesset decided to set up special committees on the following topics:
the struggle against the drug problem, the advancement of the status of
children, examination of the problem of foreign workers, the problem of school
drop-outs.
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