A heated debate took place Wednesday in the Knesset Constitution Committee over a clause in the bill to split the role of the attorney general, specifically the section dealing with government grants to nonprofits and institutions. Under the proposal, the finance minister would no longer be required to consult the attorney general when setting the criteria for distributing state funding, a change that critics say would weaken oversight and increase the risk of politically connected bodies being favored.
The Justice Ministry argued that the review role should remain with the deputy attorney general, a professional and independent official, rather than the attorney general, who under the bill would be appointed by the government. Committee chair MK Simcha Rothman, who is advancing the legislation, rejected that proposal. Ministry lawyer Naama Rot said Section 3A of the Budget Foundations Law was enacted after years of so-called unique funds being distributed to connected institutions, and was meant to ensure equality, transparency, and supervision over aid to nonprofits, educational and cultural institutions, and youth movements.
Rot said the statute relies on an independent attorney general and warned that appointing the oversight figure by politicians would undermine the role and could return Israel to the situation that existed before Section 3A. Rothman countered that the ministry was turning a duty to consult into a duty to approve, saying, “The law requires consultation only. The authority and discretion are in the hands of the minister.” He added that today, if the attorney general does not approve a support standard, it cannot realistically advance.
Other officials also weighed in. Ministry lawyer Oren Puno said the preferred option was to leave the authority with the deputy attorney general because of the public-interest protection role. Treasury lawyer Roi Tzveibel said consultation has value beyond avoiding legal defects, because an independent body should also review the criteria when no clear legal obstacle exists. Dr. Eitan Levontin argued that in practice consultation has become approval, while Knesset legal adviser Gur Bligh said the explicit mention of the attorney general in the law shows the legislature intended an external control mechanism. MK Karin Elharrar said the government must act for all citizens, not only those who elected it. Rothman replied that the attorney general must remain involved as the state’s top legal figure, and said that will be reflected in the final bill wording.
