The government and prime minister Ehud Barak apparently were
playing politics with the status of the draft deferment of
yeshiva students, as MK Salah Tarif (One Israel), who heads
the special parliamentary board set up to put together the
law based on the recommendations of the Tal Commission, said
that he does "not intend to lift a finger on the issue." The
current extension granted by the High Court to the Knesset
to pass legislation determining the army liability of
yeshiva students expires this weekend.
The chareidi community has done all that is in its power to
respond to the order of the High Court. When the current
government was formed by prime minister Barak, UTJ declined
all offers of government positions to which it would have
been entitled for joining the coalition, saying that the
only consideration that it asked for was the speedy passage
of the yeshiva student army service legislation -- something
the government was anyway bound to do. Shas also supported
these efforts and their help was crucial at several key
points.
The agreed upon timetables in the coalition agreement (again
a demand of UTJ to comply with the High Court's orders and
timetable) were not met by Barak, who dragged out every step
of the process and did not appoint what became known as the
Tal Commission for many months. Headed by a former justice
of the High Court, the Commission was supposed to reach a
consensus proposal. Though by then UTJ was out of the
government, it maintained a relationship with Barak and used
every bit of its political capital to advance the process,
stage by painful stage.
Eventually the Commission did produce recommendations, but
they proved highly controversial. The anti-religious parties
did not accept the results of the Commission's
deliberations, and the bill implementing them passed its
first reading last summer only with great difficulty at the
time of a coalition crisis.
Technically, there are now four options. The government can
ask for a further extension from the High Court; the Court's
decision can be allowed to come into force and the army can
start drafting yeshiva students; the Knesset can pass one of
two approaches to the issue: either the Tal Committee's
recommendations in full or a "compromise" bill that simply
extends the existing deferral arrangement for another
year.
The Knesset's legal adviser, Zvi Inbar, suggested that if
the Tal Commission wanted another extension, it should take
one by means of legislation, rather than approach the High
Court again. In light of delays in formulating the law, the
Knesset House Committee did originally decide not to request
another extension from the High Court, but rather to pass a
temporary measure in the Knesset that would allow the
current arrangement to be extended by another year.
During this period, the special parliamentary board would
continue to discuss implementation of the Tal Commission's
recommendations. However, the chair of the board, MK Tarif,
has decided to cease all efforts to resolve the issue and
One Israel MKs said that no secular party can afford to
support either of these bills with elections just around the
corner. MKs Rabbi Moshe Gafni (United Torah Judaism) and
Yitzhak Cohen (Shas) met with Tarif on Monday about the
issue.
Tarif said, however, that he had "no motivation" to work on
the legislation after the chareidi MKs voted to advance the
elections. "Those who tore the Knesset apart should have
known that they must take responsibility," he said. He is
said to reflect the prime minister's feelings.
There are reports that the government is leaning toward
asking the High Court once again to delay implementation of
its ruling. Over the past few days, the State Prosecutor's
Office and the IDF Advocate General's Office have held
several discussions on the matter in an effort to find a
convincing argument for requesting another delay.
Meanwhile, attorney Yaakov Weinroth, one of the members of
Tal Commission, said that committee members are furious at
the government's behavior. "None of us would have sat there
had we known in advance that the committee would become a
political football," he said. The Commission, which included
representatives of various groups, was supposed to study the
matter thoroughly from all its angles and produce consensus
recommendations, which it did.
Rabbi Gafni said, "The prime minister must keep his promises
and pass legislation regulating the army obligations of
yeshiva students."
MK Yossi Paritzky (Shinui) submitted a bill that would halt
all state support for anyone who does not appear before the
IDF draft board.
Chareidi MKs said that any attempt to enlist yeshiva
students against their will would not succeed. "There is no
possibility of this and no one imagines that will happen,"
said Rabbi Gafni.
