The law that was introduced today (Thursday) in the Knesset secretariat contains the great revolution the place of the state in the relations between politicians and the police: the bill of Itamar Ben Gabir and Yriv Levin to amend the police order, which will be submitted next week for Knesset approval, redefines the powers of the police and gives the minister powers that never existed in the police – in a way which is very similar to the powers of the Minister of Defense over the IDF.
According to the bill, the Israel Police will be subject to the government and the commissioner will be subordinate to the minister.
If until now the police order stated that the commissioner is the one who sets the policy, now the new law states that he will “manage the police in accordance with the general policy and principles that the minister will outline”.
In contrast to the situation until today, where the commissioner formulated the police policy and was satisfied with the approval of the minister, now any decision on general policy will be determined by him.
The law excludes from the Minister’s powers the opening or closing of a specific investigation, for example against politicians. However, the minister will retain the right to outline a general investigation and prosecution policy.
Thus, for example, it is the minister who will be able to determine that an investigation will or will not be opened for the possession of soft drugs, that a prayer on the Temple Mount will not lead to prosecution or aggravated treatment for any property offense in the periphery.
The explanatory notes to the bill read: “As we know, a basic principle in modern democracy is that the political level – that is, the elected officials – outlines policy and guides, and the executive level implements this policy.
“Accordingly, and in order to create a coherent legislative fabric, which is in line with the fundamental principle mentioned in the beginning, it is proposed to apply a similar arrangement in the police order, with regard to the relations between the Israel Police and the government and the appointed minister.”
MK Itamar Ben Gabir said: “This is an important day for democracy. Subordination of the police to policy instructions determined by the minister can be found in the laws of various countries in the world, such as in Australia where the minister of police can instruct the chief of police on a general policy concerning police activity; In New Zealand, where the subordination of the chief of police to the minister is fixed, except in matters of concrete operations or investigations; And in England, next to the subordination of each district police commander to an elected official in the district, the National Crime Agency is also subject to the instructions of the Minister of the Interior in determining the strategic priorities, and from now on – also in the State of Israel.”