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October 25, 2016 / 23 Tishri, 5777

Posts Tagged ‘shaked’

Justice Minister Shaked Issues Manifesto on Jewish Democracy, Based on the Teachings of Chief Justice Barak

Wednesday, October 5th, 2016

“The Knesset is attempting to legislate away our lives and the High Court is invading territory to which it is not entitled,” declares Justice Minister Ayelet Shaked (Habayit Hayehudi), in a lengthy but exciting essay in the inaugural issue of Hashiloach, an Israeli Journal on thought and policy. The essay, titled “Tracks toward Governing” (the Hebrew title is a play on words between Mesilot-tracks and Meshilut-governance), suggests that the behavior of some of Israel’s branches of government is threatening individual freedoms as well as the ability of elected officials to govern. Shaked is urging a return, as soon as possible, to the proper governing on the proper tracks, from within Israel’s definition as a Jewish and democratic state.

“Good governance is not a blind force, certainly not a strong but silent engine,” writes Shaked, stressing that “the ability to carry out goals in the way they have been defined is a prerequisite condition for good governance, but is far from being sufficient in itself: good governance is measured above anything else by the ability of government ministers to establish their own goals.”

“A politician who knows how to bring the train to its destination, but is unable to set the destination, as senior as he may be — is not governing but merely subcontracting; he may have been appointed Minister, and he may get to cut ribbons in the end, but he is nothing more than a contractor,” Shaked argues. “To move down a track laid down by others does not require leaders; any driver could do it just fine. The essence of governance is always setting down directions and posting goals. This requires of elected officials to lay down new tracks only after they had decided for themselves where they would like to take the train.”

Shaked asserts that every time the Knesset votes in favor of any given law, it is also voting against the freedom of individuals to take care of their issues on their own. She calls it a vote of no confidence in the autonomy of communities and individuals. Indeed, as Chair of the Ministerial Legislative Committee, Shaked laments that she has processed more than 1,500 legislative proposals, from amendments to existing laws to fully realized, new bills. Suggesting the Knesset is by far the most prolific parliament in the entire Western world, Shaked describes this abundance of new laws as a hospital that’s being built underneath a broken bridge to care for the people who fall off.

Referring to economist Milton Friedman’s impressions following his visit to Israel in the 1960s, when he predicted that the historic spirit of Jewish freedom would eventually overcome the newly bred spirit of Socialist bureaucracy in Israel, Shaked admits she’s not so sure Friedman was right. “Without our firm push on the brake pedal of this locomotive, week in and week out, those legislative proposals would have created for us an alternative reality, in which government controls the citizens through the regulation of more and more economic sectors, with the individual being left with precious little freedom to manage his own affairs.”

Shaked provides several examples whereby proposed legislation would have, for instance, created a world in which a landlord would be forbidden to raise the rent for several years. Of course, rents would soar on the eve of this new law going into effect, followed by a loss of interest on the part of investors in creating new rental stock, leading to a drop in available apartments and, of course, another rise in rents. It would also be a world in which employers must comply with pensions set by the legislator, until, of course, they go bankrupt. And a world in which police would be bound by a two-strike law that compels them to arrest any individual against whom someone has filed two complaints. Running down some of these “bizarre” proposals, as she calls them, Shaked eventually describes a proposal to compel the state to solve terrorism by distributing bulletproof vests to every citizen against knife attacks, as well as a proposal to eliminate the reference in the law to “Beit Av,” which is the Biblical term for Household, because it has a reference to a father rather than to a mother.

Shaked reports that she requested, for the 2017-18 budget, that the ministerial committee would no longer consider bills that add new criminal offenses to the law books, without a thorough investigation of similar legislation in other countries, of the ramifications of the new criminal law on the books in Israel’s society, and, most important — of existing, non-criminal alternatives.

Alongside the need to restrain the legislator, Shaked sees a dire need to restrain Israel’s expansionist Judiciary. She notes an ongoing war between the Supreme Court and the executive branch, which necessitates the passing of a new constitutional-level legislation (Foundation Laws in Israel’s system) to regulate once and for all this combative relationship. She cites several cases in which government was blocked by the high court in areas that are clearly the executive’s domain, such as the law regulating the treatment of illegal infiltrators from Africa, and the government contract with natural gas companies to exploit Israel’s rich deposits.

Shaked laments the fact that the Supreme Court so often usurps the right to kill an entire legislation, as if it had appointed itself the 121st Knesset Member (or more than that, since it so frequently joins with the opposition parties to defeat a majority coalition). She has no problem with individuals seeking remedy in the lower courts to damages they claim to have suffered from, say, the new gas contract. That’s a legitimate use of the court system. But how can the unelected high court delete an entire legislation passed by elected officials? Who, after all is said and done, is the sovereign, the people or their appointed judges?

As a result, the art of politics in Israel is practiced as follows, according to Shaked: first the different parties vie for the voter’s trust; then, in the Knesset, the coalition negotiates with and fights against the opposition over a proposed bill; finally, after the bill was passed, the opposition parties appeal it before the Supreme Court, which reverses it. That, in a nutshell, was the story of the natural gas bill earlier this year.


Woman of the Year 5776: Justice Minister Ayelet Shaked

Saturday, October 1st, 2016

The January 22, 2013 general elections in Israel marked the emergence of two new parties; one, journalist Yair Lapid’s Yesh Atid, was yet another attempt to grab the undecided center among Israel’s voters; the other, Habayit Hayehudi, was a coalition of National Religious parties led by hi-tech executive Naftali Bennett and his long-time political ally, a 30-something computer engineer from Tel Aviv named Ayelet Shaked, who stood out as the only secular Jew in an otherwise Orthodox Jewish party. Both parties did well, although Lapid’s party took seven more seats than Bennett’s (19 vs. 12). Both parties also represent new challenges to the current power status quo in Israel, with Benjamin Netanyahu’s Likud leading a right-leaning coalition government over an opposition being led by Labor (a.k.a. Zionist Camp).

At this point in the life of the 20th Knesset, the polls are showing Yesh Atid as the new largest party, siphoning off votes from Likud’s centrist voters and Labor’s more nationalistic supporters, as well as from Finance Minister Moshe Kahlon’s Kulanu party which barely passes the threshold percentage in the polls. At the same time, Likud is also being bitten on its right flank, by Habayit Hayehudi. And, also for the first time, the National Religious leader Naftali Bennett has been speaking openly about his ambition to be Israel’s next prime minister, at the helm of a rightwing, pro-religious, pro-settlements government.

That ambition is a new thing to a party that, since its incarnation as NRP in 1956, has always seen itself as a second banana, always in government, be it with leftwing or rightwing majority parties, but never at the helm. And while Chairman Bennett has been outspoken about his ambition to carve out a new direction for the country in the image of his party’s ideology, another Habayit Hayehudi leader has been giving the nation an idea of how a national religious government would carry out its agenda — Justice Minister Ayelet Shaked.

Since the end of the 1990s, it has become clear that Israeli Jews are only going to become more traditional, even religious, and, consequently, the chance for a left-leaning party to receive the largest percentage of the vote will continue to grow dimmer. But while political positions have been given by the voter to rightwing governments, key decisions on issues that are close to the heart of the same rightwing voters have continued to lean to the left. This has been most notable in the liberated territories of Judea, Samaria and Gaza, where evictions of Jewish settlers have been carried out over the past decade and a half by rightwing-led governments, and those same governments have been refusing to implement Israeli civil law in Jewish communities hat have been living under martial law since the 1970s.

This is because the judiciary in Israel has been ruling as a shadow government, unelected and with a leftwing, secular agenda. In addition, Israel has had the most activist supreme court anywhere in the West, a court that has seized for itself powers well outside the norm in countries that uphold the principle of three branches of government. In countless cases, the high court has acted as a legislator, siding with the opposition against a ruling government (the recent vote on exploiting Israel’s natural gas come to mind, when the court torpedoed a government signed contract with US and domestic companies). The judiciary has also had its hand on the executive branch through the Attorney General and the legal counsels who are appointed to every ministry, and who often force the hands of elected officials using the threat of legal action against them.

The appointment of Ayelet Shaked to be the Minster in charge of this judiciary stronghold of the real power in Israeli society was received with a great deal of alarm and trepidation in the leftwing media, which called her “Israel’s Sarah Palin,” and accused her of inciting the mobs against the Supreme Court justices, “as if she were the worst [Internet] talkbacker and not the minister in charge of the holiest holy of every democracy — its separate and independent judiciary.” (Uri Misgav, Haaretz, Aug. 11, 2015).

The attack came in response to the new Justice Minister’s tweet on the same evening the Supreme Court was convening to rule on a law designed to block infiltration of illegal migrants from Africa through Israel’s southern border. Shaked tweeted that the law had already been quashed twice by the court, causing the infiltration, which had been reduced to single digits, to grow to dozens of new border crossings.

“If the law is revoked a third time,” Shaked tweeted, “it would be tantamount to declaring south Tel Aviv an official haven for infiltrators.” She then added that, until the court’s ruling, she would upload every two hours a new video describing the “intolerable life conditions of south Tel Aviv residents,” urging her followers to spread the message.

The court took notice and restricted itself to a few minor corrections, mostly regarding the length of time an illegal migrant could be held in a locked facility until his case is resolved by the Interior Ministry. The court continued to take notice throughout Shaked’s first year in office, and has been noticeably mindful of the need to avoid unnecessary friction with a Justice Minister who is probably the most popular minister in Israel. How popular? In 2013 she was picked by the Knesset Channel as the summer session’s most outstanding MK, and in 2014 as the second most outstanding MK of the winter session. In 2015 the Jerusalem Post ranked her 33rd on its list of the most influential Jews in the world. In 2015 she was ranked by Forbes Israel as the fifth most influential woman in Israel. And in 2016 Lady Globes ranked her second on its list of 50 most influential women.

Most importantly, Minster Shaked has afforded Israelis a view of a nationalist, rightwing politician who can be trusted to run the country’s third most complex system, after Finance and Defense. As Justice Minister, Shaked also chairs the ministerial legislative committee which decides which bills receive the backing of the government. Her role is comparable to that of the Senate Majority Leader and the Speaker of the House, in terms of influencing the legislative process. And the fact that she has been a competent, creative and resourceful Justice Minister might suggest to people in the secular center and right of center that her and Bennett’s party is worthy of their vote.

Shaked and Bennett are in troubled waters currently, over the fate of Amona, a Jewish community in Judea and Samaria that the Supreme Court has slated for demolition by early December, 2016, over claims to ownership of the land by Arab PA residents. The fact is that no one on the right in Netanyahu’s government believes that Amona could be saved, which Defense Minister Avigdor Liberman stated openly. Shaked wants to see the residents being relocated to a nearby plot of land, that could turn out to be just as problematic. But both Bennett and Shaked are also interested in advancing new legislation that would compel future claimants to settle for fair market value or comparable land from the Israeli government. At stake are an estimated 4,000 homes, the bulk of which were built as part of a government sponsored settlement program. The Supreme Court has rejected these “arrangement law” initiatives, and the current AG, Avihai Mandelblit, also objects to them, even though he himself is on the record as supporting them in the past.

For now, Shaked and Bennett are under attack by their voters, who cannot believe that a government that is as rightwing as this one would still engage in the forceful removal of Jews from their homes. And the last thing Shaked and Bennet want is to be forced to resign from Netanyahu’s government over this dispute.

Shaked, like Bennett, is a vehement enemy of the two-state solution. But she is also a liberal when it comes to many legislative initiatives. She has fought court activism; she objected to imposing jail sentences on Yeshiva students who refuse to enlist; and she supports a free and open market and reducing state regulations of businesses. She also believes in cutting down on new laws.

Noting that her government legislative committee has processed over the past year and a half no less than 1,500 new legislative proposals, Shaked wrote an op-ed in the right-leaning website Mida, saying that “every time the Knesset puts its faith in a new law intended to serve a worthy cause and solve a social or economic problem, we are, in effect, raising our hands to support a vote of no confidence. … It’s a vote of no confidence in our ability as individuals and as communities to manage ourselves in a good enough manner; it’s a vote of no confidence in the wisdom of the nation and of each person to create and preserve mechanisms that are better than those which are designed artificially by experts; it’s a vote of no confidence in the ability of familial, social and economic communities to run their own lives and strive successfully to reach their goals.”

Spoken like a true, sane Libertarian. And a Libertarian who knows how to combine the principles of freedom with the ideals of nation and Torah — could make one fine prime minister some day. Which is why we believe 5776 was the year of Ayelet Shaked.


Bolton, Shaked Inspire Packed House At Pro-Israel Event

Wednesday, September 21st, 2016

Love of Israel and politics came to Queens on Sunday with Israel’s minister of justice, Ayelet Shaked, and Ambassador John Bolton speaking to a packed audience at the Young Israel of Jamaica Estates.

Known for her outspokenness, Shaked is a computer engineer by trade who has been a member of Knesset for the Jewish Home party since 2013. She was appointed justice minister in 2015 and was a driving force behind Israel’s 2016 NGO transparency law, which requires NGOs that receive more than half their funding from foreign governments to publicly acknowledge that in their official reports.

In her remarks on Sunday, Shaked evoked the memory of 9/11, noting that “A direct line connects the criminals who planned and perpetrated the September 11 attacks and the accursed terrorists who this year attacked innocents in Orlando and in Jerusalem, in Paris and in Tel Aviv, in Brussels and in Kiryat Arba.”

Shaked also declared that “There is only one Jerusalem, undivided and unified…the eternal capital of the Jewish people.” She was equally supportive of the rights of Jews to live in Judea and Samaria, stating: “The ranges of Judea and Samaria are not foreign territory but the land of our forefathers, the cradle of our Jewish culture, and a prime strategic asset whose renunciation is tantamount to a renunciation of the entire state of Israel.”

Shaked’s condemnation of BDS activists as “modern anti-Semites disguised as fighters for freedom and justice” was augmented by sharp words from Bolton, who served as U.S. ambassador to the United Nations from 2005-2006 under President George W. Bush and who has called his role in getting the UN to rescind the infamous Zionism is Racism resolution in 1991, when he worked in the George H.W. Bush administration, “the highlight of my career.”

“The only path to peace that Israel’s enemies can see,” he said, “is to act as if two wars of [Arab] aggression really never took place. Israel has been put on the defensive in the political arena in ways that it never really was on the defensive for very long in the military arena.”

Tracing earlier efforts at delegitimization to the Zionism is Racism resolution, Bolton stated that “BDS really is part of the argument against Israel itself.”

Zionist Organization of America president Morton Klein also gave an impassioned speech against Israel’s detractors. “The success of the 1967 war,” he said, “in which Jews recaptured Judea and Samaria and unified Jerusalem, led to an Orwellian myth of occupation.” According to Klein, “the goal of Arab Muslim Jew haters is not a Palestinian state; it’s simply to destroy the Jewish state of Israel.”

Other speakers included Donald Trump’s Israel adviser David Friedman, general partner and co-founder of NGN Capital Ken Abramowitz, and owner and chairman of D.H. Blair Investment Banking Corp J. Morton Davis.

The event was sponsored by the National Council of Young Israel and organized by chairpersons Dr. Joseph and Karen Frager, co-chairpersons Dr. Paul and Drora Brody, and media coordinator Mrs. Odelya Jacobs.

Sara Lehmann

Liberman, Bennett, Shaked to Vote Against Turkish Deal

Tuesday, June 28th, 2016

So far, only two government ministers, Energy Minister Yuval Steinitz and Housing Minister Yoav Galant, both from Likud, are on the record as supporting Prime Minister Netanyahu’s deal with Turkish President Recep Tayyip Erdoğan to pay upwards of $21 million as reparations to the families of anti-Zionist Turkish activists who attacked IDF soldiers with metal rods, rocks and knives when they attempted to take over the ship Mavi Marmara back in 2010. The deal also included a public apology (check) and easing the Israeli blockade on Gaza, which always ends up as a wise move when dealing with Hamas.

The loud objections from both sides of the aisle which the Netanyahu deal has raised on Monday may be the reason that four ministers Netanyahu was counting on to support him are yet to say anything on the subject: Moshe Kahlon (Kulanu), Aryeh Deri (Shas), Gilad Erdan (Likud) and Israel Katz (Likud). Meanwhile, three ministers have erected a strong front against the deal: Avigdor Liberman (Yisrael Beiteinu), Naftali Bennett (Habayit Hayehudi), and Ayelet Shaked (Habayit Hayehudi).

Liberman this week denied reports that he had committed to supporting the deal, as part of his entering the Netanyahu government. In closed sessions he went as far as to say that if he thins the deal is bad, he would vote against it.

Bennett said on Tuesday morning that “the State of Israel must not pay reparations to terrorists who tried to harm the IDF. A rapprochement with Turkey is important for this time and for the interests of the State of Israel, but paying reparations to terrorists is a dangerous precedent the State of Israel would regret in the future.”

A Channel 10 News survey released Monday showed that 56% of Israelis object to the deal with Turkey, and 67% believe it should have been conditioned on the return of the bodies of IDF soldiers in Hamas’ possession, as well as two Israeli civilians believed to be alive.

David Israel

Shaked Drops Bomb: Habayit Hayehudi Ready for New Elections

Sunday, May 29th, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi), who is also a member of the Netanyahu security cabinet, on Sunday morning delivered a punch to complement her party’s chairman, Education Minister Naftali Bennett’s confrontational stance regarding the need to revamp the communications between the security ministers and the IDF. Shaked told Army radio that Habayit Hayehudi is prepared to vote against the appointment of MK Avigdor Lieberman (Yisrael Beiteinu) as defense minister, thus blocking the entrance of his faction to the coalition, as long as Netanyahu refuses to appoint a military attaché to every security cabinet minister.

Shaked said this demand is not new, but has in fact been posed to Netanyahu by Bennett several times this year, and received no response from the PM. “Sooner or later, as cabinet members, we are given the responsibility in times of war, which is why we need to receive all the relevant information and be able to see the entire picture.”

Shaked revealed that Bennett had raised the issue at the coalition negotiations a year ago, and Netanyahu said this was not a matter for the coalition agreement, promising he would take it up with Bennett later. But, as is often the case with Netanyahu’s promises, later never came.

“This is not a party issue or a portfolio issue,” Shaked insisted, making clear that “we will vote against Lieberman and Yisrael Beiteinu entering should this issue not be resolved.” She explained that the issue is not very complicated: decision makers in war-time should be updated on the facts on the ground in order to make good decisions. “We just want to make sure the issue has been resolved,” she reiterated.

Naftali Bennett on Sunday morning has issued his most combative press release to date, stating, “I left hi-tech and entered politics after seeing, as a commander during the second Lebanon war (2006), what happens when the state leaders send soldiers into battle without knowing what they’re doing.”

I didn’t need a job or the money,” Bennett noted, “I swore to myself that I would not allow what I had seen to happen again. Our demand is as simple as it is dramatic: we want that the commander of the chief of staff and of the IDF, meaning the security cabinet, the body that makes life and death decisions, will stop being blind.”

Bennett insisted that “Right now it is blind by choice.”

Citing his fight with the IDF chief of staff and the defense minister during the 2014 Gaza War over the threat of Hamas terror tunnels that led into Israeli territory, Bennett accused the security apparatus and the prime minister of intentionally keeping the security cabinet in the dark, and, in fact, discouraging IDF commanders from sharing relevant information that might contradict the official military line. He blamed the fact that the war began too late and without consideration of the tunnels’ threat for the fact that the war lasted way too long — 51 days — and cost so many lives (63 IDF soldiers).

“I am not able to give in any longer,” Bennett declared.

Shaked rejected the announcement by Netanyahu’s office that yet another committee would be appointed to examine the Habayit Hayehudi demands. “There have been many committees,” she noted, pointing out that their recommendations have never been applied.

Finally, a coalition member party who votes against the PM’s legislation, in this case the expansion of his coalition, is subject to a swift dismissal of its ministers from the cabinet. When asked, Shaked said she was not worried. “We don’t believe this should lead to new elections,” she told Army Radio, “but if it does, we’re ready to run.”


Report: Shaked to Fight Israelis Who Download Pirated Content

Thursday, May 19th, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi) is in the advanced stages of preparing a government bill that would compel Internet providers to reveal which users are downloading pirated content, The Marker reported Wednesday. The content providers would then be able to sue home users for copyright infringement.

11 major Israeli content providers who formed the organization Zira (Hebrew acronym for Internet copyrights) have been complaining that existing laws are limiting their ability to stop distribution of pirated content, because today they can only effectively bring to justice providers who operate inside Israel, while enormous distribution resources are available online but off-shore.

Current Israeli law does recognize certain private downloads as copyright infringements, but to date Internet providers are not obligated to reveal information about their customers. According to The Marker, content providers in the US and in several other countries have been allowed by new legislation to force Internet providers to turn in clients who download illegally, and have sued them successfully.

In 2011 the Knesset passed in a first reading a law that combined compelling Internet providers to expose clients who download illegally as well as clients who are accused of spreading libel online. But the bill did not survive the committee deliberations and was put on hold.

Shaked would like the new version to focus on illegal downloads alone, which would mean that even if a user is downloading pirated content from abroad, they can be sued over it in Israel.

Attorney Jonathan Klinger is a fierce opponent of the proposed legislation. “This is a significant and severe violation of the privacy of citizens, as Internet providers would be demanded to expose private information about users,” he told The Marker. He cited similar litigated cases in the US, where, he said, content providers have had to spend as much as $1,000 on litigation to collect $1. “They’ve invested in expensive technologies to prevent infringement but to no avail. In Germany there’s a little more enforcement, but there, too, you don’t really see lawsuits, it’s more like sanctions by the Internet providers.”

Klinger believes the solution is in new models of distribution. The problem is that content providers have yet to change their archaic business model, which is why they require laws to protect them. He noted that wherevr content providers have used creative business models that came from an understanding of the product and the end users, there is no piracy.

“Unauthorized downloads happen when the content copyright holders won’t allow people to enjoy it. They should look for new, creative models.”


Shaked to Mull Law Punishing Prostitution Clients, Stress Rehabilitation

Sunday, April 17th, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi) is putting together a team to examine the possibility of turning the purchase of prostitution services into a criminal offense, Ha’aretz reported Sunday. The team will include representatives of the ministries of social services, finance, internal security and the interior. The minister’s decision follows requests by MK Shuli Mualem (Habayit Hayehudi) and Zehava Galon (Meretz) who met with Shaked two weeks ago. The goal of the new legislation will be to help rehabilitate sex workers.

According to the current Israeli law, prostitution per se is not criminal, but the law criminalizes driving persons into prostitution, using underage persons as prostitutes and publicizing prostitution services. The current law does not offer automatic support to prostitutes who wish to seek rehabilitation, such as emergency housing, a hotline, and day centers. The new law will likely offer a much more generous package that will include a guaranteed minimum income, employment services, a rent stipend, educational options and medical and psychological aid, as well as legal support and help in maintaining a connection with offspring.

There are no current official figures on prostitution in Israel, but the estimates of NGOs operating in the field stand at upwards of 13,000 sex workers, both male and female, which puts the number of customers at an estimated 300,000 (assuming each prostitutes sees between 5 and 6 customers daily), which is 12% to 15% of the population—a figure similar to other industrial countries. The overall income from prostitution is therefore estimated at around $300 million annually.

Both MKs Mualem and Galon argue that the effort to fight prostitution so far by focusing only on the traffickers and pimps has not made a dent in the prostitution industry in Israel, and that it must be complemented by enforcement that would deter consumption and reduce the workforce, through rehabilitation. They say their proposed new law would defeat prostitution itself, and not merely the byproducts of human trafficking, pimping, and violence against women. “That’s why the proposed law deals with the central economic driver, the consumers,” they explained. They believe what’s needed is legislation that would also change the perception of sex workers from mere objects to real human beings, and deposit customers with the responsibility for the effects their actions have on the women.”

A poll conducted in 2013 by the ministries of social services and internal security and published a month ago, discovered that 54% of Israelis believe there should be legislation against customers of prostitution, while 36% object. But only 43% agreed that customers should be punished as criminals. 23% believed the sex workers should be punished, and 38% (42% of males, 34% of females) said prostitution should not be against the law in Israel.


Printed from: http://www.jewishpress.com/news/breaking-news/shaked-to-mull-law-punishing-prostitution-clients-stress-rehabilitation/2016/04/17/

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