DECISIONS ON MATTER OF PROCEDURE

Sub-Judice

Intervention in the course of a trial, that is being held in court, by means of a direct petition to the court, or by means of bringing up details from the trial from the Knesset podium, as long as a final verdict has not been given, does not conform to the status of a Knesset Member, and should be avoided.

(HCR - 10.3.1953)

One should not diverge from the customary procedure in the Knesset, not to raise issues that are “sub-judice”.

(HCR - 24.8.1962)

Conclusion of the debate on the Unna Committee Report
that investigated the problem of the professional relations between attorneys,
who are Knesset Members, and the Government, its agencies, and government corporations

After reading the Unna Committee report that investigated the problem of the professional relations between attorneys, who are Knesset Members, and the Government, its agencies and government corporations, and after hearing the representatives of the Attorneys' Bureau, the House Committee resolves that:

1) In questions of ethics of Members of the Knesset, the rule applying to a Member of the Knesset

who is an attorney, is the same as that, which applies to other Members, namely - in his professional capacity he must avoid acts that do not conform with his duties, and with his status as a Member.

2) A complaint against a Knesset Member, who is an attorney, for abusing his status as a Member, shall be raised before the House Committee.

(HCR - 10.7.1973)

Reporting by Delegations of the Knesset to Inter-Parliamentary Institutions

At the beginning of the plenum sitting, the Chairman of the sitting shall welcome the Knesset delegation, that has returned from a parliamentary or inter-parliamentary visit; A short report by the delegation shall be laid on the Knesset’s table.¹ ²

The Status of Former Knesset Members in Ceremonies and State Events

1. To recommend to the Speaker, that to every event organised by the Knesset, and to which all the

Knesset Members are invited, all the former Knesset Members shall be invited as well.

2. To recommend to the Government, that to every event to which all the Knesset Members are invited, all the former Knesset Members shall be invited as well.

(HCR - 19.6.1973)

Work and Supervisory Tours by the Knesset Committees

Work and supervisory tours, initiated by one of the Knesset committees, or by a sub-committee, shall take place in coordination with the Speaker, from the Knesset budget.

(HCR - 24.6.1975)

Filming Committee Meetings by the Television³

The House Committee resolves to add to the resolution of the Committee of 2.7.1974, which states: “The television shall be permitted, with the consent of the Speaker, to film one meeting of every one of the Knesset Committees, that will so wish, with the goal of presenting the work of the Committees to the public”, the following article:
“Filming by television on the committee floor, concerning the committee, shall not be permitted.

(HCR - 6.1.1976).

Lobbies in the Knesset

1.	The right of Members of the Knesset to maintain lobbies is not in question, even on issues that are parallel with issues being deliberated in the Knesset Committees, and they do not require any sort of permission for this purpose.
2.	The Knesset shall not bear, in any way, the expenses of financing the activities of the lobby (refreshments, manpower, tours etc.). The members of the lobby shall bear these expenses, and they are entitled, for this purpose, to use funds at their disposal for the purpose of maintaining contact with the public.
3.	(a)	Lobbies can hold meetings in the rooms of their members, or in the parliamentary group rooms, but not in the committee rooms, in order not to create the mistaken impression, as if their status is the same as the status of a committee. When one is speaking of holding a discussion with outside factors, the lobby can approach the Events Committee of the Knesset, with a request to be allocated a suitable place for holding the discussion. In any event, the Events Committee shall give priority to one of the Knesset Committees, that seeks to hold a deliberation in the place, that the lobby has requested.
	(b)	The Events Committee shall not allocate a place for holding such a discussion, if at the same time, or close to it, a Knesset committee is deliberating the very same topic, without any connection to the place where the deliberation is taking place.
4.	A lobby that calls outside factors for a meeting with it, shall ensure to point out that it is making the approach as a lobby, and not as an official organ of the Knesset.
5.	A lobby that wishes to invite a civil servant to its deliberations, shall do so by means of the Minister concerned, while noting the fact that this is not an invitation by a committee, and that there is no obligation on the part of the civil servant to appear.

(HCR - 1.4.1997)

Gatherings in the Knesset Building

The issue is within the authority of the Speaker, according to the Knesset Building Immunity Law, and he shall act at his discretion; He can make rules on the issue, if he shall find this necessary.

(HCR - 10.2.1970)

Control in the Knesset

The Speaker shall appoint an internal controller in the Knesset, concerning the financial-administrative control, including the administration and financing of security, who shall be subject to the Speaker. The Committee also recommends to the Speaker, that he use his authority to request the State Comptroller to carry out a control in these spheres, on whatever matter the Speaker might see fit.

The internal controller’s report shall be submitted to the Speaker, and through him to the House Committee. A summary of the findings of the internal controller of the Knesset shall also be laid on the table of the House Committee once a year.

(HCR - 29.6.1976)

The Status of the Internal Controller of the Knesset

The Internal Controller of the Knesset shall be subject directly to the Secretary General of the Knesset, except for cases in which the Internal Controller has found it necessary to submit recommendations or criticism regarding the position of the Secretary General of the Knesset. In such cases, the Controller shall submit his comments to the Speaker directly, and the Speaker shall report about the criticism to the Subcommittee for Control.

(HCR - 30.12.1980)

Voting - Deferral

In the event of a whole parliamentary group being absent from the Knesset due to a conference - one should try, on the basis of its request, not to hold votes at those sittings.

(HCR - 18.3.1956)

The Title of the Knesset Member

At sittings of the Knesset one should only use the title ‘Member of the Knesset’.

(Decision of the Speaker and the Deputy Speakers - 8.12.1959)

Distribution of Material

One should not distribute material in the Knesset, except by means of the post. The Secretary General of the Knesset is entitled to permit a distribution in certain cases.

(Decision of the Speaker and the Deputy Speakers - 11.11.1958)

Debate on the Budget - Right to Speak

The parliamentary group of a Member of the Knesset, who does not speak at the time allocated to him in the debate on the budget, loses the time allocated to this Member.

(Decision of the Speaker and the Deputy Speakers - 23.12.1964)

Injury to Member of the Knesset

Should a Member of the Knesset complain before the House Committee about an injury to him by someone, which constitutes a breach of the Knesset Members’ Immunity Law, the House Committee shall investigate the facts, and should it find that the complaint is founded, shall request the Speaker to refer the matter to the General Prosecution, with a request that the offender be prosecuted on criminal charges due to the offence.

(HCR - 20.1.1953)

Statement by a Member of the Knesset Under Article 2 of the
Customs and Excise Law (Change of Tariff), 1949

In accordance with the provisions of article 147 of the Knesset Rules of Procedure, the House Committee resolves as follows:

The request of a Member of the Knesset, that the Knesset cancel a resolution of the Finance Committee under article 2(a)(1) of the Customs and Excise Law (Change of Tariff), 1949, to confirm or cancel a provision by order, as a result of which a tax is raised, or a tax is imposed on goods that were previous exempt, shall be in a letter to the Speaker, including detailed explanations to explain his request.

(HCR - 17.11.1986)

Use of Envelops

A Member of the Knesset, or one of the Knesset parliamentary groups, shall not send any personal mail or group mail bearing the address “State of Israel - Official Mail”

(HCR - 17.6.1986)

Use of State Emblem

A Member of the Knesset shall not make use of the State emblem or the Knesset emblem for purposes that are not connected with the fulfillment of his position as a Member of the Knesset.

(HCR - 22.2.2000)

Bringing Treaties for the Consideration of the
Knesset Members Before Ratification⁴

According to the Rules of Procedure of the Government, a Minister who seeks to bring an international treaty, that Israel is party to, for the ratification of the Government, he shall first send ten copies of the treaty’s text to the Knesset Secretary General, for the information of the Knesset Members.

A treaty shall not be brought up for the ratification of the Government, until after it has been laid in the Knesset Secretariat, for at least two weeks, during a session of the Knesset.⁵

Should some action be taken in the Knesset regarding the treaty, in accordance with the Knesset Rules of Procedure, the responsible Minister shall report about it during the debate on the ratification of the treaty in the Government.

The Secretary General of the Knesset shall inform all the Knesset Members about the treaties he has received, and the arrangements for looking at them.

Procedure for Deliberation in the Knesset of a Proposal to Increase
the Number of Judges in the Supreme Court

Referral to committee	1.	Should a request be submitted to the Knesset to take a decision regarding a change in the number of Supreme Court Judges, in accordance with what is stated in article 25 of the Legal Courts Law (combined version) 1984, the Speaker shall refer it to the Constitution, Law and Justice Committee, for deliberation.
Proposal of the Committee	2.	The Constitution, Law and Justice Committee shall bring its proposal, and the proposals of the Committee members, who have reservations about the Committee’s proposal, to the Knesset.
Debate in the plenum	3.	(a)	Everyone who has reservations, shall be given the floor in the Knesset for five minutes to explain his reservation.
		(b)	The Chairman of the Constitution, Law and Justice Committee, or a member of the Committee appointed for this purpose by him, shall answer those who have reservations, and is entitled to defer his answer until the end of the debate.
		(c)	The debate shall be personal, and the provisions of article 49 of the Knesset Rules of Procedure shall apply.
		(d)	At the end of the debate a vote shall take place on the reservations, and on the Committee’s proposal.

(HCR - 25.7.1995)

Viewing of the Minutes of Committee Meetings⁶

In Accordance with the provisions of article 102b(d) of the Knesset Rules of Procedure, I lay down hereby procedures regarding the making of the minutes available for the perusal of the public:
Definitions	1.	In this procedure, “minutes” - the minutes of a committee meeting which is not confidential, that took place not before the beginning of 5755 (September 1994), and viewing of which has not been prohibited in a manner laid down in article 102b(a) of the Knesset Rules of Procedure.
Maximal time limit	2.	The maximal time limit between the time of the meeting and the time of the meeting’s minutes being made available for the public’s perusal is four weeks.
Perusal of minutes	3.	Perusal of the minutes shall be in the Knesset library, on Sundays and Thursdays , between 09:00 and 13:00, after prior coordination with the Knesset archive.
Receiving copies	4.	Those interested in receiving a copy of the minutes, can do so by means of the photo-copy machine in the Knesset library, which is operated by means of coins.

16 July 1996

Dan Tichon Speaker

¹ Knesset Speaker Israel Yesha’ayahu set a procedure for reporting by Knesset representatives about their mission abroad on its

behalf, and included this article on the Knesset’s agenda; The first report was submitted to the Knesset on 3.2.1976.

² Knesset Speaker Menahem Savidor set a precedent in the Knesset sitting of Tuesday, 29.11.1983, when he enabled Knesset

Member Charlie Bitton to report to the Knesset about his visit to Morocco, and his meeting with the King of Morocco.

³ On the matter of bringing cameras, movie cameras and recording equipment, and their operation - see instruction 11 in the Knesset

Building and Compound Instructions (entrance permits), 1971 (compilation of basic laws and legislation on Knesset matters).

⁴ (a)(1) The attorney of the petitioner did not manage to show that there exists a binding legal norm, that conditions the validity of

agreements of a political nature, reached between the State of Israel and other bodies, on the level of International Law, on the prior approval of the Knesset;

(2) The existence of a binding customary norm, that requires the receipt of an a priori approval of the Knesset to agreements of the type of agreement, which was the subject of the petition (Oslo B), was also not proven. (HCJ - 5934/95, Deputy Speaker Shilansky v. the Prime Minister, has not yet been published).

(b) (1) Custom, or constitutional consensus substantiate the statement, that the Government ought to bring political agreements to

the Knesset.

(2) It is deserving that peace treaties, as opposed to other agreements, should be brought to the Knesset before turning into a fait accompli. The exact timing shall be decided on the basis of the special circumstances of each and every treaty, and one should not reject out of hand a situation in which a treaty is signed or ratified, before being brought for the approval of the Knesset. (Opinion by the Attorney General of 23.10.1994 conveyed to the Prime Minister).

(c) The Government requested that the Knesset be convened in order to make a statement about the ratification of the Oslo B

Agreement, and to hold a debate on this statement. The Knesset Member requested that the High Court of Justice should instruct that the debate be deferred, in order to enable a proper study of the maps. The Supreme Court ruled that the setting of the times for Knesset debates is a matter which is subject to the prerogative of the Speaker. This is a clear matter of the “internal managing” of the Knesset’s affairs, and the court shall avoid using its power, unless the Speaker’s decision, if it shall be proven to be illegal, shall constitute a substantial breach in the fabric of the parliamentary existence, and a substantial breach of the foundations of the structure of our constitutional regime. (HCJ - 6124/95, MK Rehavam Zeevi v. the Speaker, Takdin Elion 95(3), 661)

(d) The petitioners petitioned against the arrangements for the viewing of the redeployment maps, towards a debate and voting in

the Knesset. The petition was rejected, but it was said that there is sense to the argument that the right of the Knesset Member is not only to receive a copy of the maps, and to view them within the confines of the Knesset, but also to carry them with him, in order to tour the area, and that it is unreasonable not to grant the Knesset Member the tools to examine in depth the important matter which is to be decided . (HCJ 6061/99, Rehavam Zeevi and others v. the Government of Israel, Takdin Elion 99(3), 947)

⁵ During the Knesset recess the ratification of the treaty by the Government must be put off until the convening of the Knesset

session, and the placing of the treaty in the Knesset Secretariat for two weeks. (Opinion of the Attorney General 49623 of 8.5.1995)

⁶ Publications Collection 5756 (1995/96), p. 4594