Knesset legal counsel: Knesset should decide gas exports

The Knesset legal counsel today sent a detailed opinion to the MKs petitioning the High Court of Justice on the issue of natural gas exports. In the opinion, which was appended to the Knesset's response to the High Court, he analyzes the need to anchor the cabinet decision on natural gas in primary legislation.

The opinion was sent to Labor Party chairwoman MK Shelly Yachimovich, MK Reuven Rivlin (Likud), Knesset Economic Affairs Committee chairman MK Avishai Braverman (Labor), and MK Moshe Gafni (United Torah Judaism). The Knesset legal counsel listed and countered the arguments supporting the government's position that there is no need to submit the matter to the Knesset. He states that the clause in the law on which the government's decision is based grants a minister the authority to make decisions in concrete cases, but that it is hard to see how this can be a source for consent to accept a long-term policy with far-reaching consequences.

In addition to questioning the authority, the Knesset legal counsel states that there is a need to submit arrangements of principle to the legislature for decision. He concludes that on the basis of the paragraph dealing with the government's authority, and the fundamental multi-generational character of gas exports, it is highly doubtful if Paragraph 33 of the law can be serve as the source of authority for establishing a "preliminary arrangement" for this matter by the executive branch. He adds that even if there were no formal legal impediment to accept the government's decision on the basis of Paragraph 33, the matter ought to be regulated through detailed and comprehensive primary legislation.

Published by Globes [online], Israel business news - www.globes-online.com - on July 28, 2013