BICOM Briefing The New Israeli National Unity Government May 2020 The new Israeli government is set to be promise of fighting the ostensible corruption sworn in by the Knesset, ending over 500 and anti-democratic practices in Israeli politics days - Israel’s longest period in its history - from inside government. without a permanent government. Last week For Netanyahu, the coronavirus pandemic the Supreme Court authorised Prime Minister and his Likud party’s strong showing at the Benjamin Netanyahu to form a government March 2020 elections provided him the leverage whilst under criminal charges, and ruled that to sign an agreement that meets many of his the coalition agreement between the Likud goals. Most important, the agreement allows and Blue and White was acceptable albeit Netanyahu to remain Prime Minister during with minor changes. This BICOM briefing his corruption trial, slated to begin on 24 May. will analyse what the new government looks Netanyahu has also kept some of the most like, explain the main guidelines and assess important ministries under his purview, such where discord may arise in the future. as Finance, Interior, Health, Education, and the Introduction: Why did Gantz and Knesset speaker. He has also managed to keep Netanyahu agree now? his natural allies of the ultra-Orthodox happy. Signing with Gantz now also allows Netanyahu There are several reasons why Blue and to share some of the potential criticism directed White leader Benny Gantz and Netanyahu toward him as the economy struggles to cope agreed to form a coalition government now with the coronavirus pandemic. In the end, the rather than after the April 2019 or September two sides found compromise better than the 2019 elections. The public health crisis and alternatives. the economic downturn from the coronavirus pandemic gave Gantz a justification to break What is the structure of the his campaign promise of refusing to join with new “emergency national unity Netanyahu. All three elections showed Gantz government”? that he did not have enough MKs to form a government and therefore he was left with the The new government will be a rotation choice to head toward a fourth election or opt to government, although in practice this will join with Netanyahu in a unity deal. He chose only apply to the Prime Minister and a few the latter option because Blue and White’s ministerial posts. The last rotation government prospects at a fourth election looked bleak. in Israel was between Yitzhak Shamir and Given the risks of a fourth election, entering a Shimon Peres in 1984 and together held 97 unity government with a rotating premiership of the 120 seats in the Knesset. However, provided Gantz his best shot of becoming prime the “alternate prime minister” in the new minister. Gantz was also able to agree a deal government will enjoy many of the same that allowed his party and its political allies to benefits of the prime minister (such as private control a disproportionately large number of security and an official state-funded home) ministerial portfolios, including key ministries and will have considerably more power than such as Defence, Foreign and Justice, despite an “acting prime minister”. entering the coalition with only 19 of the 73 In the new government, Netanyahu will MKs in the government. As a result, Gantz serve as prime minister for the first 18 months, believes that he can fulfil his primary election after which Gantz will automatically rotate bloc without the consent of both the prime in to become prime minister in November minister and alternate prime minster. 2021. Then, if both sides agree, Netanyahu The allocation of ministries will be divided will return to the Prime Minister position between the two blocs (as shown in the for six months in May 2023 before vacating graph below). The Knesset speaker will be a again for Gantz for the last six months of the member of the Likud for the entire duration government’s term. Whilst an alternating of the government. Blue and White MK Gabi government is not unprecedented in Israel, Ashkenazi will serve as foreign minister for in a political first both Netanyahu and Gantz the first 18 months before being replaced will be sworn in together and Gantz will first by someone from the Likud. The Ministry serve as both Defence Minister and “Alternate of Energy or the Ministry of Environmental Prime Minister”. Protection will also switch from the Likud In the initial six months the government will in the first half of the government to Blue have 34 ministers, later rising to 36. It will be and White in the second half. The Israeli the largest government ever assembled in ambassador to the US will be appointed by Israel. In comparison, the 2015 government whoever is prime minister, whilst other senior was sworn in with 21 ministers, whilst the ambassadorial positions, including the UK 2013 government had 22 ministers and eight and UN, will be appointed by Netanyahu deputy ministers after Yesh Atid leader Yair and will not change when Gantz takes over. Lapid called for a smaller cabinet than the 29 Thus, senior Likud MK Gilad Erdan has been ministerial post inherited from the government appointed to a dual role of Ambassador to the before. In addition to the full cabinet, there UN and the US until Gantz takes over, (after will be three smaller sub-committees: the which the new Prime Minister will appoint regular, inner security cabinet and socio- his own ambassador in Washington). economic cabinet, and a new reconciliaion During coalition talks, the Likud wanted to committee. ensure that the Right had veto power on the The government’s structure is shaped by 9-person Judicial Appointments Committee, two blocs. The Netanyahu-led bloc consists whilst Gantz refused to substantially alter of 54 MKs (Likud with 36 MKs, Shas with the workings of the committee. The next six 9, United Torah Judaism [UTJ] with 7, Orly appointments to the 15-member Supreme Levy-Abekasis and Rafi Peretz) and the Gantz- Court all come up for a vote in the lifespan of led bloc consists of 19 MKs (Blue and White the next government and these judges could with 15 MKs, as well as Derech Eretz’s Zvi play a major role in the Netanyahu corruption Hauser and Yoaz Hendel, and Labour’s Amir trial if it goes to an appeal. Under a 2002 Peretz and Itzik Shmuli). According to the law, seven out of the nine members (three agreement, Gantz and Netanyahu are each Supreme Court justices, two representatives granted authority over their “blocs.” Each can of the Knesset [traditionally one from the fire a minister from his bloc, a power usually coalition and one from the opposition], two reserved for the prime minister alone. And cabinet ministers, and two representatives neither — even if they happen to be a prime of the Israel Bar Association) are required in minister — can fire a minister from the other’s order to confirm a judge. Netanyahu and Gantz agreed to a measures required to bring that agreement compromise whereby Blue and White MK Zvi into effect. As a result, the proposed six- Hauser, a conservative minded MK and former month freeze on legislation unrelated to the cabinet secretary under Netanyahu, has coronavirus crisis and on appointing senior been appointed to the panel as the member civil servants was scrapped by the Likud customarily reserved for the opposition. This and Blue and White. The option of extending manoeuvre gives Netanyahu the flexibility the “state of emergency” period by three to strongly influence future appointments, months at a time was also discarded and the despite Hauser being considered by Blue period will be restricted to six months. The and White to be a defender of the court’s coalition parties also announced that the new independence. However, the decision to government will be able to extend its term exclude a member of the opposition could be from three to four years, with a six-month challenged in the Supreme Court when the rotation happening in the fourth year. committee is formed. In its ruling the Supreme Court said there The coalition agreement has caused was no reason to intervene “at this time,” several temporary amendments to the Basic leaving the door open to ruling on the new Law: The Government and Basic Law: The petitions on the legislation underpinning the Knesset. Immediately after the signing of the coalition agreement has been approved by agreement, eight petitions were filed to the the Knesset. Supreme Court questioning the legality of the The Government’s main guidelines it will prioritise legislation to handle the coronavirus crisis. During that time, the sides The most noticeable aspect of the coalition will attempt to negotiate a broader legislative agreement is the absence of a clear legislative agenda but refrain from making new agenda. Instead, Likud and Blue and White appointments that require cabinet approval have released the policy principles of the for the first 100 days. At the same time, Likud new government, as instructed by the High and Blue and White will have the right to veto Court of Justice ahead of the swearing- legislation throughout the government’s full in ceremony. The document said the new term. Both sides also agree to set up a team government will deal with the coronavirus with an equal number of members to draw up pandemic and formulate a plan to extract rules for appointing senior officials who must Israel from the economic crisis, while rolling be approved by the cabinet. This clause gives out a “socioeconomic safety net” and special Netanyahu influence over choosing the next programmes for citizens who are struggling state prosecutor, police commissioner and financially.