The majority of Knesset House Committee members are expected
to vote again in support of the decision not to strip MK
Michael Gorlovsky (Likud) of his immunity in the double
voting scandal in spite of a High Court ruling against the
committee's previous decision not to take away Gorlovsky's
immunity.
In an unusual ruling the High Court annulled a decision by
the Knesset House Committee to uphold Gorlovsky's immunity as
a member of Knesset. The seven High Court judges hearing the
case voted unanimously in favor of the petition by the
Movement for Quality Government.
During the 2003 budget debates Gorlovsky voted twice, once in
his own name and a second time in place of an MK not present
at the plenum session. He admitted to voting twice but said
he did so innocently, claiming that as a new MK he was not
familiar with all the regulations.
Gorlovsky was not the only MK to vote twice. Yechiel Chazan,
also of the Likud, did the same. The House Committee took
away his immunity after he announced he wanted to prove his
innocence in court. The trial is now under way.
In the previous vote, 11 committee members opposed the
Attorney General's request to rescind Gorlovsky's immunity,
six voted in favor and one abstained. The opponents were Bar
On, A. Yatom, Gavrielli, Edelstein, Aflalo and Benlulu from
the Likud, Zeev and Cohen from Shas, David Tal from Am Echad,
Eliezer Cohen from HaIchud HaLeumi and Rabbi Porush from
Agudas Yisroel.
Voting in favor were Itzik, D. Yatom and Simchon from Labor,
Brizon and Chen from Shinui and Gal'on from Yachad. The
Likud's Gidon Saar abstained.
An inquiry among the committee members showed the majority of
the "no" voters do not intend to change their vote if the
committee is asked to vote on the issue a second time. Even
if some of the opponents decide to vote in favor this time a
majority of committee members still oppose revoking
Gorlovsky's immunity.
Constitution Committee Chairman Michael Eitan reacted harshly
to the High Court's decision to intervene. "I am concerned
the High Court has joined the de-legitimatization campaign
against the Knesset. This is a stepping up of the judicial
activism against the Knesset and I am very worried it will
lead to a serious clash that could bring serious consequences
and a far-reaching conflict between constituencies. The
Knesset will not allow the High Court to annul us because
this would annul democracy. This is a very dangerous move,"
said Eitan.
"If there is no alternative and the High Court continues to
act against the Knesset the Knesset will be forced to pass
legislation restricting the High Court's power," he added,
calling on the House Committee not to strip Gorlovsky's
immunity and saying he would be willing to stand in for any
committee member from the Likud who wants to avoid voting on
the issue.
On the other hand Knesset Chairman Reuven Rivlin, who is
generally highly critical of the High Court, backed the
court's decision this time. "Anyone who sees in this issue
before us a dispute with the High Court is playing into the
hands of the Knesset's vilifiers. There is no dispute here,
for this is a different issue." Originally Rivlin even voiced
criticism of the committee's decision.
The House Committee's legal advisor said the MKs must
reevaluate the considerations behind the Attorney General's
request to remove Gorlovsky's immunity in order to hold a
trial for voting twice and if they conclude the Attorney
General's request is unjustified they can again vote against
removing Gorlovsky's immunity despite the High Court ruling
on the matter.
