The Regulatory Commission Bill was approved by the Constitution, Law and Justice Committee and passed its second and third hearings in the Knesset on Wednesday, August 3. Although the bill in its current format is a flawed and softened version, its approval is of paramount importance.

The long title of the Regulatory Commission for the Attorney General’s Office and Governmental Representatives is testament to the significance of its role. The Commission monitors governmental activities on various levels and ensures that governmental actions are carried out in a satisfactory and appropriate manner.

It is for good reason the head of the Regulatory Commission is required to be an individual worthy of serving in the Supreme Court. This condition ensures that the Commissioner is a serious individual of great stature who is well-versed in the entirety of the judicial system.

The Commissioner must be an individual who is capable of differentiating between the best interests of the system and those of the private individual, and someone who is able to defend government representatives when necessary and reprimand them when the circumstances require.

The holder of this position must be an individual who is respectful of others, regardless of whether they are the subject of the complaint or the complainant, and must be able to investigate grievances with impartiality and decide whether they should be pursued.

The Regulatory Commission Bill that was debated in the Knesset Constitution, Justice and Law Committee is vital and necessary because it determines the functions of the Commissioner, his or her authority, and the ways in which he or she must operate.

There is no doubt, and this is evident from the lively debates in the Committee, that this is a complex and extremely sensitive bill.

The Bill weaves a delicate thread between governmental officials, the Attorney General, the Commissioner, and the Israeli public. The Bill addresses issues of freedom of speech versus the right to privacy and the need for a regulatory commission to monitor a state body versus the need to safeguard the independence of the system.

Despite its flaws, it is important that the bill was passed because the absence of external review of governmental officials is unacceptable in terms of sound governance. The power afforded attorneys, the police prosecution, and other government officials is enormous.

The monitoring prescribed by the Regulatory Commission Bill, although not perfect, allows ordinary citizens to have their complaint heard by a regulatory body which will examine the complaint using professional methods and provide a response to those who view themselves as injured by the actions of a government official. The act of legislating the Commission by law is another step in strengthening the public’s trust in the judicial system and is absolutely essential.

The Legal Forum for Israel was deeply involved in the legislative process of passing this bill and participated in numerous Knesset hearings, presenting its stipulations and suggested amendments. In addition, Legal Forum representatives met with the Head of the Public Defender’s Office who expressed his support for the establishment and legislation of the Commission.

Although the Bill has passed, the Forum is continuing to prepare necessary amendments in order to ensure that the Commission is equipped with the means and authority to ensure it serves the purpose for which it was intended.