Shaked: "prevent mortgage from those who refuse to serve"
Committee for the Equality of Burden convened again • On the agenda: potential criminal and economic sanctions, and substitutes of disincentives • Gafni: "We sit in the committee so far only because the fairness of Almond" • Attias: "The legal world is not black and white" • Porush: "It will not be our homeland" • IDF service as a condition of property tax assistance?
- Sari Roth, Behadrey Haredim
- ג' כסלו התשע"ד
Photo: Flash 90
This morning (Tuesday) the Committee for the Equality of Burden held another hearing, headed by MK Ayelet Shaked of the Jewish Home. The discussion focused on a section which states if the Haredi public does not meet recruitment goals in 2017 and beyond, compulsory conscription law will apply to it (except for the 1800 'masmidim') .
After presenting the section, the committee chairman asked anyone with objections to the section, to express his views and to offer alternatives.
MK Porush spoke first, saying: "If and when any attempt is made to recruit the Haredi sector without taking into account whether this is a challenge to the yeshiva world - this recruit will not succeed. It might be that one looks at the haredi public as one which wants privileges and consideration. But we are in the state of Israel which was founded by Jews seeking to establish a Jewish home here, and haredi Judaism said, says and will say - if a situation arises here that G-d forbid they will recruit yeshiva students, it will not be our homeland with all the attendant implications."
Porush added that in his opinion the IDF was not prepared to recruit the Haredi public, and "even those donors and activists who currently hold the existing tracks – are not prepared to bring extra money for this purpose."
MK Ofer Shelah commented: "If no solution came from this committee until December, so either all the Haredim will be recruited, and this is something which is not acceptable to the IDF or the Haredi public, or the IDF 's recruiting model will collapse. There is a public for whom the relationship with the law in Israel is a matter of negotiations, while there is a public for whom the relationship with the law is that of maintaining it. The law currently is offering generous targets that allow us to begin to solve this national problem created sixty -five years, and to meet the deadlines without running the conscription law. If you clarify to your public that it's impossible, if you could ignite this cultural war - the fire is on you and not us," concluded Shelah.
At this point MK Moshe Gafni intervened: "How is it that a large party in the Knesset offers suggestions that we must engage in a cultural war with them? (Marriage, Shabbos etc.). It does not begin and end with the recruitment law, it will end with the question of whether Israel is a Jewish state or not? And you want that there would not be a Jewish state here. You want a state like all others."
Gafni raised a finger at the Prime Minister: "I am furious with the Prime Minister, it is a major issue of the Jewish people in Israel. What it is this that he stands on the side? Unforgivable. He should listen to all sides. Si what if we are in the opposition? It's an issue that will tear the nation apart." However, he praised Committee Chairman Ayelet Shaked. "We had a dilemma whether to come to this committee. We really appreciate your work as Chairwoman of the Committee. As chairwoman of the committee your behavior is objectively done gently and with normality. We are still here because of your conduct. However, the reality of the law saying that whoever studies Torah is an offender - is something which we will not be part of."
MK Shaked explained that when the Perri committee began its work there was an assumption that there will be economic sanctions. But for the Commission's work it became clear that no economic sanctions will stand the test of law. "We sat with the legal advice of the Knesset as part of my work as chairman of the committee, and we decided that we want to raise the offer on the table for economic sanctions from the mortgage and property taxes too. A person who will not serve in the army, the state will have no reason to give him a mortgage," she said.
Einat Fischer, Legal Adviser of the Minister Perri, deployed to the committee members the chain of events in the process by which it was decided to choose criminal sanctions, arguing that at first there was a trial with economic sanctions alone. "The sanctions were examined by the Ministry of Justice and by policy makers and the Ministry of Justice when the position at large was that benefits which were designed as social it is incorrect to use as punishments," she said. "The main purpose for which these sanctions were disqualified is that they are social. They are not benefits intended to be sanctions. Ministry of Justice said it was not the right tool."
MK Attias protested: "It's a lie. There is a government decision that if both spouses are not realizing their earning capacity, they do not get social benefits. All social services in Israel are contingent of the earning capacity. If it is 100 percent social, this is evidence to those jurists who dragged us to the criminal story. The world of law is not black and white, it is a world of judgment and I do not believe in this that legally this can not be done."
In light of these remarks Shaked asked the legal representative: "Why can one not get an economic sanction that if targets are not met - all those who are of draft age between 18-26 are not eligible for assistance with rent and property taxes and not eligible for a mortgage?"
Contrary to the stand introduced by Fisher, Aya Dvir from the Ministry of Justice said things a little different. "If I understand right, you do not ask here for an alternative to criminal penalties. Everything you are discussing now is not the sanctions. You say 'there is no obligation for service, you are allowed to defer your recruitment forever, but we will place financial hardships that will not allow you to be out there really. These are negative incentives and not sanctions, and they were not examined in the Perri committee. We just said that using social tools for sanctions is problematic."
MK Ayelet Shaked concluded the commission and asked the attorney of the Knesset and the Ministry of Justice to examine in depth the model of disincentives and to prepare answers for the next meeting on the subject.
After presenting the section, the committee chairman asked anyone with objections to the section, to express his views and to offer alternatives.
MK Porush spoke first, saying: "If and when any attempt is made to recruit the Haredi sector without taking into account whether this is a challenge to the yeshiva world - this recruit will not succeed. It might be that one looks at the haredi public as one which wants privileges and consideration. But we are in the state of Israel which was founded by Jews seeking to establish a Jewish home here, and haredi Judaism said, says and will say - if a situation arises here that G-d forbid they will recruit yeshiva students, it will not be our homeland with all the attendant implications."
Porush added that in his opinion the IDF was not prepared to recruit the Haredi public, and "even those donors and activists who currently hold the existing tracks – are not prepared to bring extra money for this purpose."
MK Ofer Shelah commented: "If no solution came from this committee until December, so either all the Haredim will be recruited, and this is something which is not acceptable to the IDF or the Haredi public, or the IDF 's recruiting model will collapse. There is a public for whom the relationship with the law in Israel is a matter of negotiations, while there is a public for whom the relationship with the law is that of maintaining it. The law currently is offering generous targets that allow us to begin to solve this national problem created sixty -five years, and to meet the deadlines without running the conscription law. If you clarify to your public that it's impossible, if you could ignite this cultural war - the fire is on you and not us," concluded Shelah.
At this point MK Moshe Gafni intervened: "How is it that a large party in the Knesset offers suggestions that we must engage in a cultural war with them? (Marriage, Shabbos etc.). It does not begin and end with the recruitment law, it will end with the question of whether Israel is a Jewish state or not? And you want that there would not be a Jewish state here. You want a state like all others."
Gafni raised a finger at the Prime Minister: "I am furious with the Prime Minister, it is a major issue of the Jewish people in Israel. What it is this that he stands on the side? Unforgivable. He should listen to all sides. Si what if we are in the opposition? It's an issue that will tear the nation apart." However, he praised Committee Chairman Ayelet Shaked. "We had a dilemma whether to come to this committee. We really appreciate your work as Chairwoman of the Committee. As chairwoman of the committee your behavior is objectively done gently and with normality. We are still here because of your conduct. However, the reality of the law saying that whoever studies Torah is an offender - is something which we will not be part of."
MK Shaked explained that when the Perri committee began its work there was an assumption that there will be economic sanctions. But for the Commission's work it became clear that no economic sanctions will stand the test of law. "We sat with the legal advice of the Knesset as part of my work as chairman of the committee, and we decided that we want to raise the offer on the table for economic sanctions from the mortgage and property taxes too. A person who will not serve in the army, the state will have no reason to give him a mortgage," she said.
Einat Fischer, Legal Adviser of the Minister Perri, deployed to the committee members the chain of events in the process by which it was decided to choose criminal sanctions, arguing that at first there was a trial with economic sanctions alone. "The sanctions were examined by the Ministry of Justice and by policy makers and the Ministry of Justice when the position at large was that benefits which were designed as social it is incorrect to use as punishments," she said. "The main purpose for which these sanctions were disqualified is that they are social. They are not benefits intended to be sanctions. Ministry of Justice said it was not the right tool."
MK Attias protested: "It's a lie. There is a government decision that if both spouses are not realizing their earning capacity, they do not get social benefits. All social services in Israel are contingent of the earning capacity. If it is 100 percent social, this is evidence to those jurists who dragged us to the criminal story. The world of law is not black and white, it is a world of judgment and I do not believe in this that legally this can not be done."
In light of these remarks Shaked asked the legal representative: "Why can one not get an economic sanction that if targets are not met - all those who are of draft age between 18-26 are not eligible for assistance with rent and property taxes and not eligible for a mortgage?"
Contrary to the stand introduced by Fisher, Aya Dvir from the Ministry of Justice said things a little different. "If I understand right, you do not ask here for an alternative to criminal penalties. Everything you are discussing now is not the sanctions. You say 'there is no obligation for service, you are allowed to defer your recruitment forever, but we will place financial hardships that will not allow you to be out there really. These are negative incentives and not sanctions, and they were not examined in the Perri committee. We just said that using social tools for sanctions is problematic."
MK Ayelet Shaked concluded the commission and asked the attorney of the Knesset and the Ministry of Justice to examine in depth the model of disincentives and to prepare answers for the next meeting on the subject.
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