Coalition strikes down opposition proposal for October 7 national probe

The coalition on Wednesday struck down a largely symbolic vote proposed by the opposition on Wednesday calling on the government to form a National Commission of Inquiry into the October 7 Hamas massacre.

The proposal came after Prime Minister Benjamin Netanyahu claimed in a press conference on Monday that there were “many civilians” who opposed forming a national commission of inquiry, despite recent polls showing a large majority in favor of the commission. It also came as Likud MK Ariel Kallner is preparing an alternative commission of inquiry, whose members will be appointed equally by the coalition and opposition.

The proposal, authored by MK Pnina Tameno-Shete (National Unity), was brought as an “agenda proposal.” Agenda proposals are fashioned to enable MKs to bring up general issues in the Knesset plenum, but they are not laws, do not have any legislative ramifications, and the vote is largely symbolic. If the vote had passed, the Knesset would have held a more prolonged debate on the issue in the near future.

MK Benny Gantz (National Unity), who presented the proposal, accused the coalition of opposing a national committee of inquiry in order not to take responsibility for what happened.

"Our people are not foolish; they understand exactly what you are trying to do. It won't help you. We see through you. We see the hypocrisy, the transparent attempt to dismantle the trust in an institution you all praised,” Gantz said, after reading numerous quotes of coalition members who in the past had advocated for national commissions of inquiry.

“We see your desire for us to return to infighting like on October 6th. We see the contempt and arrogance. We see that you are willing to tear apart Israeli society for the sake of power. This is precisely why we need an independent national commission of inquiry, not a committee appointed by you. Certainly not one appointed by you," Gantz said.

A National Commission of Inquiry is the most powerful probe in Israel's legal system, and the only type of probe that operates completely independent of the political echelon.

Its members are appointed by the Chief Justice, and it has the power to subpoena witnesses and make personal recommendations regarding individuals. The other types of probes are government-appointed and parliament-appointed inquiry committees.

Petition by the Zulat Institute, Movement for Quality Government in Israel

Earlier on Wednesday, the High Court of Justice heard arguments in a petition by The Zulat Institute, the Movement for Quality Government in Israel (MQG), a group of 86 former Members of Knesset, and others, to force the government to form the probe. Some family members of hostages were in attendance. The attorney general’s position has been that the government must at least discuss the matter, since the more time that passes, the more difficult it will be to investigate. A lawyer representing the government argued that the court should not intervene, as it was under the government’s jurisdiction whether or not to form a committee of inquiry.

The judges hearing the case, David Mintz, Yosef Elron, and Yechiel Kasher, ruled on Tuesday evening that the government must discuss the issue within 60 days.

MQG said in a statement after the ruling that it “welcomes the Supreme Court's decision, and sees it as a victory for common sense, transparency and the search for the truth. The judges realized today that it is not possible to sweep the greatest disaster in the State of Israel under the carpet. They looked into the eyes of the families of the murdered and hostages and understood that they deserve an answer.”

“We expect the government to discuss the establishment of a state commission of inquiry soon, one that will provide Israeli society with answers, and begin the healing process that we all hope for," MQG said.

Another “agenda proposal” that came up in the plenum on Wednesday, by Likud MK Amichai Boaron, was titled “The essential and ongoing differences of opinion between the government and attorney general that prevents efficient cooperation." The proposal was identical to one that Boaron brought last week, which the opposition managed to strike down after conducting a parliamentary maneuver – its MKs all entered the plenum just before the vote, taking the coalition by surprise. This time the coalition managed to pass the vote.

The government has begun a move to fire the attorney general, a central gatekeeper who has repeatedly blocked the government from acting illegally. Ministers and members of the coalition have accused the attorney general of intentionally opposing many of their proposals, in order to eventually bring down the government. No minister or coalition member has provided proof of this claim.

Some 13 ministers have already signed a letter in support of initiating the process to remove Baharav-Miara. The move would need 17 signatures, a majority of the government, to proceed.