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Ethics Procedures for Members of the Knesset
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Chapter A: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Application
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1.
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(a)
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This procedure shall apply to approaches by the Speaker to the
Ethics Committee under one of the articles 70, 72, or 103f of the Knesset Rules
of Procedure, and appeals by Members of the Knesset before the Ethics Committee,
under article 71a, or 103e of the Rules of Procedure.
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(b)
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To other complaints connected with the conduct of a Member of
the Knesset in the Knesset plenum, or a committee of the Knesset Committees, the
provisions of the Ethics Procedure for Members of the Knesset (complaints) shall
apply.3
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An approach by the Speaker
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2.
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(a)
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The Speaker, when approaching the Ethics Committee under
article 70, or 72 of the Knesset Rules of Procedure, shall append to his
submission the stenographic minutes including the details of the event, as a
result of which the Knesset Member was removed from the Knesset sitting
(hereafter - the Knesset Member against whom the complaint was made).
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(b)
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The Speaker, in approaching the Ethics Committee under article
103f of the Knesset Rules of Procedure, shall append to his submission, the
submission of the Committee Chairman to him, and as far as possible - the
minutes of the Committee, that includes the details of the event, as a result of
which the Knesset Member was removed from the Committee meeting (hereafter - the
Knesset Member against whom the complaint was made)
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Summoning of Knesset Member against whom a
complaint was made
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3.
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The Chairman of the Ethics Committee shall provide the Knesset
Member against whom the complaint was made with the submission of the Speaker,
and the material attached to it, and shall summon him for a deliberation in the
Ethics Committee.
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Time of deliberation of
complaint
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4.
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The Ethics Committee shall deliberate a complaint within
fourteen days of its being submitted, and during the Knesset recess - within a
month of its being submitted, at a time set by the Chairman of the Committee;
The Chairman of the Committee is entitled to set a later time for this purpose,
if, in his opinion, there are circumstances that justify this.
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Continuity of deliberation
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5.
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Once the deliberation of a complaint has begun, the Ethics
Committee shall hold the deliberations regarding it, as continuously as
possible.
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Quorum
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6.
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(a)
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The Committee shall deliberate a complaint only if at least
three members were present at the deliberation.
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(b)
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Should a member of the Committee be unable to participate in
the deliberation, or should he be unable to participate in it because he is the
Member against whom the complaint was made, the Chairman of the Committee shall
approach the Speaker with a request to appoint another member to the Committee,
for the purpose of the deliberation before it.
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(c)
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In every decision connected with a complaint, the Committee
shall decide by a majority of votes of all its members.
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Invitation of the Chairman
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7.
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The Committee is entitled, on the basis of a proposal by a
member of the Committee, or on the basis of a request by the Knesset Member
against whom the complaint was made, to invite the Chairman of the Committee, or
the Chairman of the Committee from which the Knesset Member was removed, for a
deliberation about the complaint; Should the Chairman of the meeting, or the
Chairman of the Committee ask to be summoned to the deliberation - the Committee
shall summon him.
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Right to a hearing
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8.
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(a)
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A concluding decision shall not be adopted regarding the
submission of the Speaker, except after the Knesset Member, against whom the
complaint was made, has been given an appropriate opportunity to appear before
the Committee, and state his case; However, the Committee is entitled to decide
about the submission of the Speaker, should the Knesset Member have been
provided with an invitation to the deliberation, and he refused, or refrained
from appearing before the Committee, without his having given a reasonable
justification for this.
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(b)
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The Knesset Member, against whom the complaint was made, is
entitled to bring evidence to prove the argument, that what appears in the
minutes is inaccurate, or that he did not behave in the manner attributed to
him, but he shall not be entitled to invite the Chairman of the sitting who
removed him from the Knesset plenum, or from the Knesset Committee, except with
the approval of the Committee.
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Decision of the Committee
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9.
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(a)
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At the end of the deliberation on the submission of the
Speaker, the Ethics Committee shall give its decision, shall report it to the
Speaker, and shall lay it on the Knesset’s table; Should the submission
to the Committee be under article 103f of the Knesset Rules of Procedure, the
Committee shall report it also to the Chairman of the Committee from which the
Knesset Member was removed.
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(b)
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Should the Committee decide to remove the Knesset Member,
against whom the complaint was made, from the Knesset sittings, it shall inform
him of his right to appeal the decision, in accordance with the provisions of
article 73 of the Knesset Rules of Procedure.
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Implementation
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10.
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(a)
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Should the Committee decide upon one of the steps enumerated
in article 70 (c)(3) to (5) of the Knesset Rules of Procedure, the Speaker shall
refer its decision to his Deputies and to the Knesset Secretary General, for
implementation accordingly.
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(b)
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Should the Committee decide to remove the Knesset Member,
against whom the complaint was made, from the meetings of a Knesset committee,
the Chairman of the said Committee shall act accordingly.
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Submission of appeal under article
71a
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11.
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(a)
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A Member of the Knesset, who appeals the denial of his right
to be given the floor in the plenum, under article 71a(b) of the Knesset Rules
of Procedure, shall submit his appeal by means of the Speaker.
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(b)
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The Speaker shall refer the appeal for the comments of the
Chairman of the sitting, who denied the Knesset Member the right to speak, and
the latter is entitled to comment on the appeal, in writing, within three
sitting days of the Knesset, or ask the Committee to call him for a deliberation
of the appeal.
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(c)
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The Speaker shall refer the appeal to the Ethics Committee, at
the end of the stated time for receiving the reaction of the Chairman of the
sitting, with the reaction, should it have been submitted, appended.
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Submission of appeal under article
103e
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12.
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(a)
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The Knesset Member who appeals his being removed from the
meeting, under article 103e of the Knesset Rules of Procedure, shall submit his
appeal by means of the Chairman of the Committee, who removed him from the
meeting.
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(b)
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The Chairman of the Committee shall refer the appeal to the
Ethics Committee, with or without his reaction, within three sitting days of the
Knesset, and is entitled to request the Committee to summon him to a
deliberation of the appeal; Should the Chairman of the Committee fail to refer
the appeal to the Ethics Committee as stated, the Knesset Member, who was
removed, is entitled to approach the Ethics Committee directly, and one views
the Chairman of the Committee as having waived his right to react.
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Quorum
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13.
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(a)
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The Committee shall deliberate the appeal only if at least
three member of the Committee are present at the deliberation.
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(b)
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Should a member of the Committee be unable to participate in
the deliberation, or should he be unable to participate in it because he is the
appellant, the Chairman of the Committee shall submit a request to the Speaker
to appoint another member to the Committee, for the purpose of the deliberation
of the appeal.
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(c)
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In any decision touching upon the appeal, the Committee shall
decide by a majority of the votes of all its members.
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The deliberation in the
Committee
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14.
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The Committee is entitled to receive an appeal under article
71a, or under article 103e, even in the absence of the appellant; However, if
the Chairman of the meeting, or the Chairman of the Committee sought to invite
him to the deliberation in the Committee, the deliberation shall take place in
the presence of the appellant.
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Decision of the Committee
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15.
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At the end of the deliberation of the appeal, the Ethics
Committee shall give its decision, and shall inform the Speaker thereof, and
shall lay it on the Knesset’s table; If the appeal to the Committee was
under article 103f of the Knesset Rules of Procedure, the Committee shall also
inform the Chairman of the Committee from which the Knesset Member was
removed.
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