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Rules of Procedure Table of Contents |
Unofficial Translation. For questions or comments, contact Susan Hattis Rolef |
PART B
BUSINESS OF THE KNESSET
CHAPTER SEVEN
PROCEEDINGS ON GOVERNMENT BILLS
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Laying on table (amendment
No. 71) |
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113.
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(a)
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A government bill (referred to below in this chapter as - a bill)
shall be submitted to the Knesset by being handed to the Speaker.
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(b)
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The Speaker shall lay the bill on the Knesset’s table,
and place it on the agenda.
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(c)
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The debate on the bill shall not be held until after the bill
has lain on the table of the Knesset for at least two days, unless the House
Committee has decided, at the Government’s request, to push up the
debate,2 as long as at the time of voting
on pushing up the debate, at least a third of the permanent members of the House
Committee were present.
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(d)
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As far as possible, translations of bills shall be provided
to the Arab Members of the Knesset within the period fixed in this
article.
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Three readings
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114.
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The debate on a bill shall take place in three
readings.
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First reading
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115.
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(a)
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The debate on first reading shall begin with words of
explanation by a member of the Government or a Deputy Minister, and his words
shall be deemed to be a proposal to refer the bill to a
committee.3
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(b)
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Should Members of the Knesset have signed up to speak, the
debate shall be held according to the provisions laid down in Chapter Four,
unless there is a different provision in this chapter regarding the
matter.
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(c)
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A member of the Government or a Deputy Minister is entitled to
sum up the debate with a reply.
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Voting after first reading
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116.
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(a)
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The first reading shall end with a vote for the referral of
the bill to one of the Knesset
committees,4 or against its
referral.
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(b)
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Should it be proposed to return the bill to the Government,
this proposal, and the proposal to refer the bill to a committee, shall be put
to a vote - one opposite the other.
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(c)
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Should the Knesset decide not to refer the bill to a
committee, or should it decide to return it to the Government, the bill shall
return to the Government, and be removed from the Knesset's agenda.
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Committee to draft the bill
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117.
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(a)
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Should the Knesset decide to refer a bill to a committee, and
there were various proposals as to which committee the bill should be referred
to, or no particular committee has been proposed, the House Committee shall
determine the Committee to which the bill shall be
referred.5
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(b)
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Once the House Committee has determined the Committee, the
Chairman of the House Committee shall make a statement thereof from the Knesset
podium.
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Deliberation in committee
(amendment
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118.
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(a)
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The Committee shall deliberate the bill referred to it by the
Knesset.
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No. 27)
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(b)
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The Attorney General, his deputies and assistants, and the
legal advisers of the Ministries, shall be at the disposal of the Committee, and
to each of its members, for any assistance that they might require in drafting
the law, the proposals and the reservations.
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(c)
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Should the Committee reach the conclusion that it would be
appropriate that treatment of the bill be referred to another committee, the
Chairman of the Committee shall raise the matter before the House Committee;
Should the House Committee find that treatment of the bill should be referred -
it shall decide to which committee, and shall bring its proposal for the
approval of the Knesset.
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Amendments to bill
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119.
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The Committee is entitled to propose amendments to the bill as
it may see fit, provided that such amendments do not diverge from the subject
matter of the bill; Should the bill be an amendment to an existing law, the
Committee is entitled to propose amendments that do not diverge from the subject
matter of the bill, even if they concern articles of the law that are not
mentioned in the bill.
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Divergence from subject matter
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120.
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(a)
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Should an amendment of the bill be proposed in the Committee,
and should a member of the Committee, or a representative of the Government,
claim that the proposed amendment diverges from the subject matter of the
bill,6 the Chairman of the Committee
shall raise the issue with the House Committee, and the Chairman of the House
Committee shall place it as the first item on the agenda of the next regular
meeting of the House Committee; The decision of the House Committee shall be
final.7
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(b)
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Should such a claim be made by a Member of the Knesset who is
not a member of the Committee, the Committee shall decide whether to raise the
matter before the House Committee.
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Breaking up of bill
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121.
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A committee is entitled at any time, at its own initiative, to
bring a proposal to the Knesset, that the Knesset permit a deliberation and a
presentation to it of only part of a bill, that has been referred to the
Committee; Such a proposal shall be deemed to be a new first reading of a part
of the bill.8
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Merging and breaking up of bills
(amend-
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122.
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The Committee is entitled at any time, at its own initiative
and with the approval of the House Committee:
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ment No. 4)
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(a)
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(1)
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To merge two or more bills that have passed first reading, and
bring them as a single bill for second and third readings in the
Knesset;
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(2)
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To break up one bill into two or more bills, and bring them at
the same time as separate bills for second and third readings in the
Knesset.
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(b)
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Should the bill pass in preliminary reading, and later on an
identical or basically similar bill should pass in first reading, the Committee
to which the bills have been referred is entitled, on the basis of the
initiative and approval of the House Committee, to deliberate the bills
together, in accordance with the wording passed in first reading, and bring them
as a single bill for second reading and third reading in the Knesset.
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Laying on table for second
reading (amendments Nos. 73 & 75)
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123.
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(a)
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Should the Committee complete its deliberations of a bill, it
shall return it to the Knesset for second reading in the version that it has
approved,9 or recommend that the Knesset
remove it from the agenda.
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(b)
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Should the votes in the Committee for each of the two versions
of a single article of a bill be balanced, the Committee shall bring both
versions to a vote on second reading.
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(c)
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The Committee shall append to the bill a list of the
reservations of Committee members, and of other Knesset Members under article
104, and of the Government representatives; A reservation cannot reject the
essence of the law.
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(c1)
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A reservation that includes an insulting epithet or term, abuse or slander,
shall not be added to a bill.
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(d)
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The bill, with the reservations appended as aforesaid, shall
be laid by the Speaker on the Knesset’s table, and he shall place it on
the agenda.10
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123a.
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(a)
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A recommendation by the Committee to the Knesset to remove a bill
from the agenda, as stated in article 123(a), shall be presented by the
Chairman of the Committee, or by a member of the Committee appointed by
him for this purpose, or in the absence of the Chairman, by a member of
the Committee appointed by it for this purpose.
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(b)
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The following are entitled to respond:
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(1)
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Should the bill be a private members' bill, or should it be made up
of several private members' bills - one of the proposers of the bill, as
determined by them;
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(2)
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Should the bill be a Government bill - a representative of the
Government speaking on its behalf, as stated in article 88(b).
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(c)
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Should the Knesset decide to reject the recommendation of the Committee,
as stated in paragraph (a), the bill shall be placed on the Knesset table by
the Speaker for second reading on the week following the week on which the
decision was taken, in the wording adopted in first reading, or some other
wording that the Committee shall prepare, with the addition of reservations,
unless the House Committee has decided otherwise.
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Resumption of deliberation in committee upon
its request
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124.
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(a)
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The Committee concerned with the matter, is entitled to resume
its deliberations of the bill, also after it has been laid on the
Knesset’s table, as long as the second reading has not yet
begun.
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(b)
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Should the Committee decide to do so, the Speaker shall give
notice thereof in the Knesset, and the second reading shall be deferred until
the bill is returned and laid again on the Knesset’s table.
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Time of second reading
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125.
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The second reading shall take place on the day after the bill
has been laid on the Knesset’s table, or during one of the sittings
thereafter, unless the House Committee has decided to permit the reading to
take place on the day of its being laid on the table.
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Proceedings on second reading
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126.
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(a)
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The debate on second reading shall begin with a lecture on
behalf of the Committee by its Chairman, or by a member of the Committee
appointed for this purpose by him, or in the absence of the Chairman, by a
member of the Committee appointed by it for this
purpose,11 and the statement on
behalf of the Committee shall be deemed to be a proposal to adopt of the bill in
second reading.
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(b)
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The Chairman shall put the articles of the bill to a vote, one
by one.
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(c)
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The Speaker may put to a combined vote, consecutive articles
to which no reservations have been made, unless a Member of the Knesset has
requested that each of the articles, or any one of them, be put to a separate
vote.
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(d)
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Should a reservation have been made to an article, the mover
shall be given the floor for five minutes to explain the
reservation.12
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(e)
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The Chairman is entitled, with the consent of the mover and
the Chairman of the Committee, to combine the explanation of the reservations
on a number of articles.
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(f)
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The Chairman of the Committee, or whoever has been appointed
for the purpose by him or by the Committee, shall reply to the movers of the
reservations.13
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(g)
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The right given to every member of the Government, to speak on
the Government’s behalf at any stage of the debate, is given, during
second reading, also to the Deputy Minister whose Ministry is in charge of
implementing the proposed law.
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Reconside-
ration in committee upon request of
Knesset
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127.
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(a)
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At any stage of the debate on second reading, the Knesset is
entitled, upon a proposal by the Government, or the Chairman of the Committee,
to direct the Committee to reconsider the entire bill or any question, which the
Knesset shall specify in its resolution.
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(b)
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The Committee shall deliberate the bill or question referred
to it by the Knesset, and report its proposals to
it.14
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Vote on second reading (amendment No.
44)
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128.
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(a)
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The Chairman shall first put to a vote the mover’s
reservation; Should the mover’s reservation fail to be adopted, he shall
put to a vote the article as worded by the Committee; Should the mover’s
reservation be adopted, he shall put to a vote the article as worded in the
reservation.15
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(b)
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(1)
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Should the mover be absent from the vote, a vote shall not be
taken on his proposal;16 Should
there be several movers for a single reservation, and they are all absent from
the vote, a vote shall not be taken on their proposal;
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(2)
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Should the Knesset Member be unable to participate in the
vote, and he has notified the Speaker of this in writing in advance, and has
requested that a vote be taken on his reservation, the Knesset shall vote on it;
The provisions of this clause shall not apply to votes on the State Budget Bill
and the Arrangements in the State Economy Bill.
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Reservations that do not tally with each other (amendment No.
73)
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128a.
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Should reservations that do not tally with each other be adopted, the
Knesset shall decide among them in a vote, that shall take place immediately;
however, should the Chairman of the Committee so request, the deciding vote
among the reservations shall take place the following week, in accordance with
a recommendation prepared by the Committee, as long as it includes the
reservations that were adopted, as aforesaid, without the addition of new
reservations.
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Third reading
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129.
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After all articles of the bill have been voted upon, the
third reading shall take place immediately, in which the Knesset shall vote
without further debate, on the final version of the entire bill, as adopted in
the second reading, provided that in the second reading no reservation was
adopted, and there was no vote on different versions of an
article.17
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Postponement of third
reading18
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130.
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(a)
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Should a reservation be adopted in the second reading, or a
vote has been taken on different versions of a certain article, the third
reading shall be held in the week following the week in which the second
reading was concluded, and the Committee is entitled, before the third reading,
to insert in the bill the changes in wording that are made necessary by the
reservation, or the version that was adopted.
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(b)
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Notwithstanding the provisions of paragraph (a), a
representative of the Government, or the Chairman of the Committee on its
behalf, is entitled in special circumstances to request that the third reading
be held forthwith, or that the third reading be postponed for a further week,
and a notice to this effect shall be given to the Knesset.
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Special proceedings
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131.
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For the debate on the State Budget, and in other exceptional
cases,19 the House Committee is
entitled to lay down special proceedings.
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Competence of Government to withdraw
bill
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132.
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(a)
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As long as the bill has not been passed in the third reading,
the Government is entitled, at any stage of the debate in the Committee or the
plenum, to withdraw the entire bill, whether by means of a statement in the
Knesset, or by a statement, in writing, to the Speaker.
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(b)
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Once the second reading has begun, a statement as aforesaid
shall not be submitted, until after the second reading has been interrupted,
upon a request by the Government; The duration of the interruption shall be
for no less than a week and for no more than three weeks; Recess days shall not
enter into the reckoning.
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(c)
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Once a statement has been submitted to the Speaker, he shall
inform the Knesset thereof.
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(d)
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Upon the statement being made in the Knesset, whether by the
Government or by the Speaker, the bill shall be removed from the Knesset’s
agenda.
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Right to resubmit a withdrawn
bill
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133.
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Should the Government withdraw a bill, it is not entitled to
bring another bill on the same topic in the same parliamentary year, unless the
House Committee has decided to permit this being done; However the Government
is entitled to retract the withdrawal of the bill.
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CHAPTER SEVEN 1 20
(Amendment No.52)
DECLARATION OF STATE OF EMERGENCY
Definition
(amendment No. 78)
133a.
In this chapter “state of emergency” - in its
sense in article 38 of Basic Law: the
Government.21
Declaration of state of emergency based
on
133b.
(a)
Should there not have been a state of emergency in the state,
and the Government has proposed to declare a state of emergency, it shall submit
its proposal to the Speaker of the Knesset.
government proposal
(b)
The Speaker shall immediately bring the Government’s
request for deliberation before the Joint Committee of the Foreign Affairs and
Defense Committee and the Constitution, Law and Justice Committee of the Knesset
(heretofore - the Joint Committee).
(c)
The Joint Committee shall examine the need to declare a state
of emergency, and shall present the Knesset with its recommendations.
(d)
The period of the declaration’s validity shall be as
stated in it, but shall not exceed one year.
Repeated declaration of state of
emergency
133c.
(a)
Should the Government request that the Knesset repeat the
declaration of a state of
emergency,22 it shall inform the
Speaker thereof no later than sixty days before the end of the state of
emergency.
(b)
The Speaker shall bring the Government’s request for
deliberation before the Joint Committee.
(c)
The Joint Committee shall examine the need to repeat the
declaration of a state of emergency, and shall bring its recommendations before
the Knesset, no later than fourteen days before the end of the state of
emergency.
(d)
The Joint Committee shall examine, inter alia, the
Emergency Regulations passed by virtue of the last declaration of the Knesset on
a state of emergency, and the legislation, whose validity is conditioned on the
existence of the state of emergency, and shall bring its conclusions before the
Knesset.
Declaration of a state of emergency based on
Knesset
133d.
(a)
Should there not have been a state of emergency, and 30
Members of the Knesset feel that it is appropriate for the Knesset to declare,
of its own initiative, a state of emergency, they shall direct their request to
the Joint Committee.
initiative
(b)
The Joint Committee shall hold a deliberation on the request,
and shall enable a representative of the said Knesset Members to bring their
explanations before it.
(c)
Should the meeting be confidential, in its sense under article
102a(d) - the Chairman of the Committee shall decide the extent of the
participation of the proposers’ representative in the deliberation, that
shall take place after he has presented his proposal.
(d)
Should the Joint Committee decide to propose to the Knesset to
declare a state of emergency, it shall submit its proposal to the
Speaker.
Government declaration of state of
emergency
(amendment No. 78)
133e.
Should the Government declare a state of emergency under
article 38 of Basic Law: the Government, it shall present an announcement
thereof to the Speaker, right after making the declaration; The Speaker shall
bring the declaration before the Joint Committee, which shall discuss it
immediately, and bring its recommendation before the Knesset.
Cancellation of state of
emergency
133f.
(a)
Should 30 Members of the Knesset feel that it is appropriate
that the Knesset cancel the declaration on a state of emergency, they shall
refer their request to the Joint Committee.
(b)
The Joint Committee shall hold a deliberation on the request,
and shall enable a representative of the said Members of the Knesset to present
their explanations before it.
(c)
Should the meeting be confidential, in its sense under article
102a(d) - the Chairman of the Committee shall decide the extent of the
participation of the proposers’ representative in the deliberation that
shall take place after he has presented his proposal.
(d)
Should the Joint Committee decide to propose to the Knesset to
cancel the state of emergency, it shall submit its proposal to the
Speaker.
Procedures of debate
133g.
(a)
(1)
The Speaker shall place the Government’s request to
declare a state of emergency under articles 113c, 133c, or 133e on the
Knesset’s agenda, together with the recommendation of the Joint
Committee.
(2)
The Members of Knesset shall be given a notice regarding the
time of the debate and the vote on the Government’s request, at least 24
hours before the debate, unless the circumstances of the emergency require
holding the debate at an earlier time.
(3)
The debate shall be personal.
(b)
The Speaker shall place on the Knesset’s agenda the
proposal of the Joint Committee to declare a state of emergency under article
133d, or to cancel the state of emergency under article 133e, and the
instructions of paragraph (a)(2) and (3) shall apply.
CHAPTER SEVEN 223 (AMENDMENT NO. 55)
EMERGENCY REGULATIONS
Definitions
(amendment No. 78)
133h.
In this chapter -
“The Joint Committee” - the Committee established
by virtue of article 133b.
“Emergency Regulations” - in their sense in
article 39 of Basic Law: the
Government.24
Laying on table of Foreign Affairs and Defence
Committee
133i.
Once Emergency Regulations have been laid on the table of the
Knesset Foreign Affairs and Defence Committee after their installation, the
Committee is entitled, on the basis of a proposal by any one of its members, to
bring before the Joint Committee a proposal to cancel the regulations, and the
instructions of article 133k(b) and (d) shall apply, with the necessary
adaptations.
Cancellation of Emergency Regulations by
resolution
133j.
(a)
Should 30 Members of the Knesset feel that it is appropriate
that the Knesset should cancel the Emergency Regulations, they shall submit
their request to the Joint Committee.
(b)
The Joint Committee shall hold a deliberation on the request,
and shall enable a representative of the said Knesset Members to present their
explanations before it.
(c)
Should the meeting be confidential, in its sense under article
102a(d) - the Chairman of the Committee shall decide the extent of the
participation of the proposers’ representative in the deliberation that
shall take place after he has presented his proposal.
(d)
Should the Joint Committee decide to propose to the Knesset to
cancel the Emergency Regulations, it shall refer its proposal to the
Speaker.
Procedures of debate
133k.
(a)
The Speaker shall place the proposal of the Joint Committee to
cancel the Emergency Regulations on the Knesset’s agenda.
(b)
The debate shall be personal.
(c)
A resolution to cancel Emergency Regulations requires a
majority of the Knesset Members.
1 A
court of law shall not order that a certain bill shall not be submitted by the
Government to the Knesset, even if the court
considers the bill to be unjustified and
unreasonable. (Various Requests, 160/84, Yeshivat Tomhei Tmimim
Merkazit and others v.
the State of Israel and others, Verdicts, 38(2), 277)
2 In
the absence of another provision t concerning bills by a Knesset committee,
there is nothing to prevent the House
Committee to act in a similar manner, also in the
case of a bill, which was initiated by a Knesset committee. (HCJ, 410/91,
attorney Lisa Blum and others v. the Knesset Speaker and
others)
3 At
the end of the words of the Minister or Deputy Minister, should no one have
signed up to speak, the Chairman of the
sitting shall announce: “no one has signed
up to speak”, and one must wait for a while before the voting. (Decision
of the Speaker and the Deputy Speakers - 14.1.1964)
4 In
accordance with practice, the House Committee decides, upon the request of a
Member of the Knesset, to recommend to the
Knesset to change its decision regarding the
referral of a bill to a committee, and its referral to another
committee.
5 (1)
Once a decision has been adopted by the Knesset to refer a bill to a committee,
the Chairman of the sitting shall state, after
announcing the results of the vote: this or that
bill has been referred to this or that committee (or just to a committee, should
two or more proposals have been made as to which committee to refer it to).
(HCR - 21.1.1975)
(2) After the Chairman of the sitting has
announced, at the end of the voting, the referral of the bill or motion for
the agenda to this or that committee, there is no need for another proposal.
(ICR - 31.12.1990)
(3) The instructions of this article shall not
apply to the referral of a private members’ bill, with regards to which
one is to act in accordance with the instructions of article 141(b), and refer
it to the Committee that prepared it for first reading. (ICR -
28.10.1991)
6 The
argument may be made as long as a bill is being deliberated in the Committee,
and the person making it is not limited only to
the stage of the deliberation of the amendment
proposal to which it refers. (HCR - 23.2.1982)
7 (1)
Should the House Committee decide, in accordance with the instruction of article
120 of the Knesset Rules of Procedure, that
an amendment to a bill that was proposed in one
of the Knesset committees, diverges from the subject matter of the bill, this
decision applies to the reservations as well.. (HCR -
8.1.1980)
(2) The House Committee has laid down for itself
a guiding rule, according to which, when during first reading of a bill, the
Minister or Deputy Minister announces that he intends to propose amendments to
the bill, and later on a claim is made in the Committee regarding a divergence
from the subject matter, the House Committee shall not view the proposed
amendment as a divergence from the subject matter. (HCR -
6.1.1986)
8 The
provision of article 121, enables the Knesset plenum to permit bringing before
it a part of the bill for second and third reading, and not only by way of
breaking it up, according to the articles of the bill, but also in the form of
an essential division, whether on the basis of the subjects dealt with by the
bill, or on the basis of the periods, referred to in the bill. The plenum is
also entitled to permit the Committee preparing a bill for second and third
reading, to first bring a temporary order that regulates the issue dealt with in
the bill for a given period, in the course of which the Committee shall continue
to prepare the permanent, or long-term arrangement, and shall bring it for
second and third reading. (HCR - 20.11.2000)
9 (1)
In view of the provision of paragraph 123(a) of the Knesset Rules of Procedure,
a committee of the Knesset committees does
not have the authority to decide not to refer a
bill to the Knesset plenum for second and third reading. (HCR -
15.1.1979)
(2) Should a committee decide not to approve a
bill for second and third reading, the bill shall be returned to the plenum for
second and third reading, in the wording approved by the plenum in first
reading. (HCR - 27.7.1998)
(3) Should a committee approve the wording of
articles for second reading, a vote in favor or against the bill should not take
place, since a committee does not have the authority not to return the bill for
second and third reading. Should the Committee vote at the end of its
deliberations against a bill, this vote has no significance, and the bill shall
be laid on the table with the wording approved by the Committee in the course of
its deliberations. (HCR - 20.1.1999)
10 A
Member of Knesset is not to be allowed to add his reservation to the list of
reservations, after the bill and the reservations have
already been laid on the Knesset’s table.
(HCR - 17.8.1954)
11
Right after the lecture by the Chairman of the Committee, or a member of the
Committee appointed for this purpose by him, the
floor shall be given for three minutes, to the
Knesset Member, who proposed a bill on the same topic, which was approved in
preliminary reading and was merged by the Committee with the Government bill;
And if there were several proposers - the Member of the Knesset agreed upon by
the proposers. (HCR - 26.12.1995)
12
(1) The rule regarding alternative reservations, on the length of time for their
explanation, is the same as that for a single
reservation. (HCR - 23.1.1996)
(2) Should identical reservations have been
submitted by several Members of the Knesset, the reservations shall be noted as
a
single reservation in the name of a group of
Members, who submitted the reservation, and each one of them is entitled to
explain his reservation. (HCR - 4.3.1996)
13
At its meeting on 6 August 1974, the Interpretations Committee decided not to
accept the appeal by Member of the Knesset
Yehezkel Frumin against the decision of the
Chairman of the Knesset sitting S. Z. Abramov on 26 March 1974, to stop
the
debate on second reading, before the reply of
the Chairman of the Finance Committee to the movers of the reservations, on
the
basis of the request of the Chairman of the
Committee.
14
There is no place for a reservation that does not emanate from the article, that
alone was returned to the Committee. (HCR -
28.7.1953)
15
(a) In the event that there are various reservations to a single article, a
separate vote shall be taken on all the reservations. For this
purpose one should consider a reservation that is
common to several Members of the Knesset - a single reservation. (ICR -
15.1.1990)
(b) In the event that a special majority is
required for a vote in second reading,, the majority in the voting is required
for the article
as worded by the Committee or as worded in the
reservation, as the case may be, and not for the vote on the reservation
itself.
16
The said provision applies to the Government’s reservations as well. (HCR
- 6.6.1995)
17
(1)Once a law has been adopted by the Knesset in third reading,, the Chairman of
the sitting shall state - after he has announced
the results of the vote - this or that law has
been adopted. (HCR - 21.1.1997)
(2) Should it become apparent after the third
reading, that the Knesset did not vote in second reading on a certain article or
articles, the bill shall return to the plenum, for a vote on second reading, on
the articles on which a vote has not been taken, and a repeated vote on third
reading. (HCR - 6.1.1998)
18 On
25/7/01, at the end of the second reading of the Bezeq Law (amendment No. 25),
2001, the Government requested that the
voting on third reading should take place
immediately, according to paragraph (b), while the Chairman of the Economics
Committee requested that the voting be deferred by a week, according to
paragraph (a). The question was referred to the decision of the House
Committee, that decided, under its authority according to article 147 of the
Rules of Procedure, that the Knesset's going out to recess the following day,
constitutes a special case, that enables the use of paragraph (b), and that the
voting should take place immediately.
19
Examples for “exceptional cases”, in which the House Committee laid
down special proceedings: the debate on the Arrangements in the State Economy,
which is linked to the debate on the Budget Law, the debate and vote in second
and third reading on the Law for the Implementation of the Interim Agreement
Concerning the West Bank and Gaza Strip. (HCR - 10.2.1996 & 15.1.1996), the
debate and vote in second and third reading of Basic Law: the Government
(amendment No. 10). (HCR - 18.12.2000)
20
Publications Digest, 1998, p. 3346 (16.3.1998)
21
Book of Laws, 1992, p. 214
22
On 11.7.2001, the Knesset declared a state of emergency until the 11.7.2002
(Compilation of publications 2000/01, p.
3468)
23
Publications Digest, 1999, p. 1982 (10.3.1999)
24
Book of Laws,1992, p. 214
© Copyright 2003, The State of Israel. All Rights Reserved.
We welcome your Suggestions and Comments.
Email: feedback@knesset.gov.il
|
Definition
(amendment No. 78) |
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133a.
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In this chapter “state of emergency” - in its
sense in article 38 of Basic Law: the
Government.21
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Declaration of state of emergency based
on
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133b.
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(a)
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Should there not have been a state of emergency in the state,
and the Government has proposed to declare a state of emergency, it shall submit
its proposal to the Speaker of the Knesset.
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government proposal
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(b)
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The Speaker shall immediately bring the Government’s
request for deliberation before the Joint Committee of the Foreign Affairs and
Defense Committee and the Constitution, Law and Justice Committee of the Knesset
(heretofore - the Joint Committee).
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(c)
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The Joint Committee shall examine the need to declare a state
of emergency, and shall present the Knesset with its recommendations.
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(d)
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The period of the declaration’s validity shall be as
stated in it, but shall not exceed one year.
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Repeated declaration of state of
emergency
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133c.
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(a)
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Should the Government request that the Knesset repeat the
declaration of a state of
emergency,22 it shall inform the
Speaker thereof no later than sixty days before the end of the state of
emergency.
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(b)
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The Speaker shall bring the Government’s request for
deliberation before the Joint Committee.
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(c)
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The Joint Committee shall examine the need to repeat the
declaration of a state of emergency, and shall bring its recommendations before
the Knesset, no later than fourteen days before the end of the state of
emergency.
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(d)
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The Joint Committee shall examine, inter alia, the
Emergency Regulations passed by virtue of the last declaration of the Knesset on
a state of emergency, and the legislation, whose validity is conditioned on the
existence of the state of emergency, and shall bring its conclusions before the
Knesset.
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Declaration of a state of emergency based on
Knesset
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133d.
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(a)
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Should there not have been a state of emergency, and 30
Members of the Knesset feel that it is appropriate for the Knesset to declare,
of its own initiative, a state of emergency, they shall direct their request to
the Joint Committee.
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initiative
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(b)
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The Joint Committee shall hold a deliberation on the request,
and shall enable a representative of the said Knesset Members to bring their
explanations before it.
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(c)
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Should the meeting be confidential, in its sense under article
102a(d) - the Chairman of the Committee shall decide the extent of the
participation of the proposers’ representative in the deliberation, that
shall take place after he has presented his proposal.
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(d)
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Should the Joint Committee decide to propose to the Knesset to
declare a state of emergency, it shall submit its proposal to the
Speaker.
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Government declaration of state of
emergency
(amendment No. 78) |
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133e.
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Should the Government declare a state of emergency under
article 38 of Basic Law: the Government, it shall present an announcement
thereof to the Speaker, right after making the declaration; The Speaker shall
bring the declaration before the Joint Committee, which shall discuss it
immediately, and bring its recommendation before the Knesset.
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Cancellation of state of
emergency
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133f.
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(a)
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Should 30 Members of the Knesset feel that it is appropriate
that the Knesset cancel the declaration on a state of emergency, they shall
refer their request to the Joint Committee.
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(b)
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The Joint Committee shall hold a deliberation on the request,
and shall enable a representative of the said Members of the Knesset to present
their explanations before it.
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(c)
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Should the meeting be confidential, in its sense under article
102a(d) - the Chairman of the Committee shall decide the extent of the
participation of the proposers’ representative in the deliberation that
shall take place after he has presented his proposal.
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(d)
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Should the Joint Committee decide to propose to the Knesset to
cancel the state of emergency, it shall submit its proposal to the
Speaker.
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Procedures of debate
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133g.
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(a)
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(1)
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The Speaker shall place the Government’s request to
declare a state of emergency under articles 113c, 133c, or 133e on the
Knesset’s agenda, together with the recommendation of the Joint
Committee.
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(2)
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The Members of Knesset shall be given a notice regarding the
time of the debate and the vote on the Government’s request, at least 24
hours before the debate, unless the circumstances of the emergency require
holding the debate at an earlier time.
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(3)
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The debate shall be personal.
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(b)
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The Speaker shall place on the Knesset’s agenda the
proposal of the Joint Committee to declare a state of emergency under article
133d, or to cancel the state of emergency under article 133e, and the
instructions of paragraph (a)(2) and (3) shall apply.
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CHAPTER SEVEN 223 (AMENDMENT NO. 55)
EMERGENCY REGULATIONS
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Definitions
(amendment No. 78) |
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133h.
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In this chapter -
“The Joint Committee” - the Committee established
by virtue of article 133b.
“Emergency Regulations” - in their sense in
article 39 of Basic Law: the
Government.24
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Laying on table of Foreign Affairs and Defence
Committee
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133i.
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Once Emergency Regulations have been laid on the table of the
Knesset Foreign Affairs and Defence Committee after their installation, the
Committee is entitled, on the basis of a proposal by any one of its members, to
bring before the Joint Committee a proposal to cancel the regulations, and the
instructions of article 133k(b) and (d) shall apply, with the necessary
adaptations.
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Cancellation of Emergency Regulations by
resolution
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133j.
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(a)
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Should 30 Members of the Knesset feel that it is appropriate
that the Knesset should cancel the Emergency Regulations, they shall submit
their request to the Joint Committee.
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(b)
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The Joint Committee shall hold a deliberation on the request,
and shall enable a representative of the said Knesset Members to present their
explanations before it.
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(c)
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Should the meeting be confidential, in its sense under article
102a(d) - the Chairman of the Committee shall decide the extent of the
participation of the proposers’ representative in the deliberation that
shall take place after he has presented his proposal.
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(d)
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Should the Joint Committee decide to propose to the Knesset to
cancel the Emergency Regulations, it shall refer its proposal to the
Speaker.
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Procedures of debate
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133k.
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(a)
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The Speaker shall place the proposal of the Joint Committee to
cancel the Emergency Regulations on the Knesset’s agenda.
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(b)
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The debate shall be personal.
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(c)
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A resolution to cancel Emergency Regulations requires a
majority of the Knesset Members.
1 A
court of law shall not order that a certain bill shall not be submitted by the
Government to the Knesset, even if the court
considers the bill to be unjustified and
unreasonable. (Various Requests, 160/84, Yeshivat Tomhei Tmimim
Merkazit and others v.
the State of Israel and others, Verdicts, 38(2), 277)
2 In
the absence of another provision t concerning bills by a Knesset committee,
there is nothing to prevent the House
Committee to act in a similar manner, also in the
case of a bill, which was initiated by a Knesset committee. (HCJ, 410/91,
attorney Lisa Blum and others v. the Knesset Speaker and
others)
3 At
the end of the words of the Minister or Deputy Minister, should no one have
signed up to speak, the Chairman of the
sitting shall announce: “no one has signed
up to speak”, and one must wait for a while before the voting. (Decision
of the Speaker and the Deputy Speakers - 14.1.1964)
4 In
accordance with practice, the House Committee decides, upon the request of a
Member of the Knesset, to recommend to the
Knesset to change its decision regarding the
referral of a bill to a committee, and its referral to another
committee.
5 (1)
Once a decision has been adopted by the Knesset to refer a bill to a committee,
the Chairman of the sitting shall state, after
announcing the results of the vote: this or that
bill has been referred to this or that committee (or just to a committee, should
two or more proposals have been made as to which committee to refer it to).
(HCR - 21.1.1975)
(2) After the Chairman of the sitting has
announced, at the end of the voting, the referral of the bill or motion for
the agenda to this or that committee, there is no need for another proposal.
(ICR - 31.12.1990)
(3) The instructions of this article shall not
apply to the referral of a private members’ bill, with regards to which
one is to act in accordance with the instructions of article 141(b), and refer
it to the Committee that prepared it for first reading. (ICR -
28.10.1991)
6 The
argument may be made as long as a bill is being deliberated in the Committee,
and the person making it is not limited only to
the stage of the deliberation of the amendment
proposal to which it refers. (HCR - 23.2.1982)
7 (1)
Should the House Committee decide, in accordance with the instruction of article
120 of the Knesset Rules of Procedure, that
an amendment to a bill that was proposed in one
of the Knesset committees, diverges from the subject matter of the bill, this
decision applies to the reservations as well.. (HCR -
8.1.1980)
(2) The House Committee has laid down for itself
a guiding rule, according to which, when during first reading of a bill, the
Minister or Deputy Minister announces that he intends to propose amendments to
the bill, and later on a claim is made in the Committee regarding a divergence
from the subject matter, the House Committee shall not view the proposed
amendment as a divergence from the subject matter. (HCR -
6.1.1986)
8 The
provision of article 121, enables the Knesset plenum to permit bringing before
it a part of the bill for second and third reading, and not only by way of
breaking it up, according to the articles of the bill, but also in the form of
an essential division, whether on the basis of the subjects dealt with by the
bill, or on the basis of the periods, referred to in the bill. The plenum is
also entitled to permit the Committee preparing a bill for second and third
reading, to first bring a temporary order that regulates the issue dealt with in
the bill for a given period, in the course of which the Committee shall continue
to prepare the permanent, or long-term arrangement, and shall bring it for
second and third reading. (HCR - 20.11.2000)
9 (1)
In view of the provision of paragraph 123(a) of the Knesset Rules of Procedure,
a committee of the Knesset committees does
not have the authority to decide not to refer a
bill to the Knesset plenum for second and third reading. (HCR -
15.1.1979)
(2) Should a committee decide not to approve a
bill for second and third reading, the bill shall be returned to the plenum for
second and third reading, in the wording approved by the plenum in first
reading. (HCR - 27.7.1998)
(3) Should a committee approve the wording of
articles for second reading, a vote in favor or against the bill should not take
place, since a committee does not have the authority not to return the bill for
second and third reading. Should the Committee vote at the end of its
deliberations against a bill, this vote has no significance, and the bill shall
be laid on the table with the wording approved by the Committee in the course of
its deliberations. (HCR - 20.1.1999)
10 A
Member of Knesset is not to be allowed to add his reservation to the list of
reservations, after the bill and the reservations have
already been laid on the Knesset’s table.
(HCR - 17.8.1954)
11
Right after the lecture by the Chairman of the Committee, or a member of the
Committee appointed for this purpose by him, the
floor shall be given for three minutes, to the
Knesset Member, who proposed a bill on the same topic, which was approved in
preliminary reading and was merged by the Committee with the Government bill;
And if there were several proposers - the Member of the Knesset agreed upon by
the proposers. (HCR - 26.12.1995)
12
(1) The rule regarding alternative reservations, on the length of time for their
explanation, is the same as that for a single
reservation. (HCR - 23.1.1996)
(2) Should identical reservations have been
submitted by several Members of the Knesset, the reservations shall be noted as
a
single reservation in the name of a group of
Members, who submitted the reservation, and each one of them is entitled to
explain his reservation. (HCR - 4.3.1996)
13
At its meeting on 6 August 1974, the Interpretations Committee decided not to
accept the appeal by Member of the Knesset
Yehezkel Frumin against the decision of the
Chairman of the Knesset sitting S. Z. Abramov on 26 March 1974, to stop
the
debate on second reading, before the reply of
the Chairman of the Finance Committee to the movers of the reservations, on
the
basis of the request of the Chairman of the
Committee.
14
There is no place for a reservation that does not emanate from the article, that
alone was returned to the Committee. (HCR -
28.7.1953)
15
(a) In the event that there are various reservations to a single article, a
separate vote shall be taken on all the reservations. For this
purpose one should consider a reservation that is
common to several Members of the Knesset - a single reservation. (ICR -
15.1.1990)
(b) In the event that a special majority is
required for a vote in second reading,, the majority in the voting is required
for the article
as worded by the Committee or as worded in the
reservation, as the case may be, and not for the vote on the reservation
itself.
16
The said provision applies to the Government’s reservations as well. (HCR
- 6.6.1995)
17
(1)Once a law has been adopted by the Knesset in third reading,, the Chairman of
the sitting shall state - after he has announced
the results of the vote - this or that law has
been adopted. (HCR - 21.1.1997)
(2) Should it become apparent after the third
reading, that the Knesset did not vote in second reading on a certain article or
articles, the bill shall return to the plenum, for a vote on second reading, on
the articles on which a vote has not been taken, and a repeated vote on third
reading. (HCR - 6.1.1998)
18 On
25/7/01, at the end of the second reading of the Bezeq Law (amendment No. 25),
2001, the Government requested that the
voting on third reading should take place
immediately, according to paragraph (b), while the Chairman of the Economics
Committee requested that the voting be deferred by a week, according to
paragraph (a). The question was referred to the decision of the House
Committee, that decided, under its authority according to article 147 of the
Rules of Procedure, that the Knesset's going out to recess the following day,
constitutes a special case, that enables the use of paragraph (b), and that the
voting should take place immediately.
19
Examples for “exceptional cases”, in which the House Committee laid
down special proceedings: the debate on the Arrangements in the State Economy,
which is linked to the debate on the Budget Law, the debate and vote in second
and third reading on the Law for the Implementation of the Interim Agreement
Concerning the West Bank and Gaza Strip. (HCR - 10.2.1996 & 15.1.1996), the
debate and vote in second and third reading of Basic Law: the Government
(amendment No. 10). (HCR - 18.12.2000)
20
Publications Digest, 1998, p. 3346 (16.3.1998)
21
Book of Laws, 1992, p. 214
22
On 11.7.2001, the Knesset declared a state of emergency until the 11.7.2002
(Compilation of publications 2000/01, p.
3468)
23
Publications Digest, 1999, p. 1982 (10.3.1999)
24
Book of Laws,1992, p. 214
|
© Copyright 2003, The State of Israel. All Rights Reserved.
We welcome your Suggestions and Comments. Email: feedback@knesset.gov.il