Israel’s government plans to re-instate three-times convicted Dery as minister

The court ruled 10-1 earlier this month that Shas party leader Arieh Dery’s posting as health and interior minister was “unreasonable in the extreme” due to his criminal past.

Member of Knesset Aryeh Deri during the swearing-in ceremony for the new Israeli parliament the 25th Knesset in Jerusalem, 15 November 2022. Abir Sultan/Pool via REUTERS REFILE -

Prime Minister Benjamin Netanyahu’s government is reportedly promoting a new bill that will prevent the High Court of Justice from meddling in ministerial appointments.

The High Court currently has the power to dismiss ministers under the “reasonableness” clause.

The court ruled 10-1 earlier this month that Shas party leader Arieh Dery’s posting as health and interior minister was “unreasonable in the extreme” due to his criminal past as well as his promise in a plea deal last year not to return to public life.

“This is a person who has been convicted three times of offences throughout his life, and he violated his duty to serve the public loyally and lawfully while serving in senior public positions,” High Court President Esther Hayout said following the ruling.

The government’s new bill, which was reported by both Channel 13 and Haaretz Daily, is therefore seen as personally tailored for Dery.

Netanyahu was forced to fire Dery as minister after the court ruling, saying: “It is with a heavy heart that we are forced to transfer you from your position as a minister in the government. The High Court’s decision is unfortunate and ignores the will of the people.”

Dery has been convicted of criminal offences three times. In 1999 he was sentenced to three years in jail on charges of bribery, fraud and breach of trust.

Last year, Dery was again indicted, this time on tax offences. His plea deal with the court forced him to resign from Knesset and promise not to return to public life.

The dispute over Dery’s refusal to accept the court’s ruling, promising to find a way to return to his ministries, is part of the constitutional crisis unfolding in Israel.

Netanyahu’s allies see the High Court as interfering with the government’s work, overstepping its boundaries by having the power to strike down laws passed in the Knesset.

The opposition, as well as the High Court, the high-tech sector, former justice minister’s, the Bar Association, and top economist all see the judicial reforms as a threat to Israel’s democracy, warning it will harm minorities and remove vital checks and balances.

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