The Permits Committee

Background

In 1977, the government decided to adapt a set of rules of ethics for the prevention of conflicts of interest amongst ministers and deputy ministers, based on the report of a public committee headed by former judge Shlomo Asher. The rules specify several guidelines for ministers and deputy ministers as they fulfill their roles, and mainly: 

• The duty of fulfilling one's role without bias.
• The duty to act without conflicts of interest.
• Exclusivity of position and prohibition on additional occupation.

Additional guidelines relate to restrictions on ownership and control of assets, on managing the finances of ministers and their families and on subjecting the ministers to State Comptroller's examinations with respect to following the guidelines and rules.    
 
In 1980, the rules were amended following the recommendations of a committee headed by judge Kenneth, which included, inter alia, appointment of a committee that is authorized to issue a personal permit for not following a specific rule - the Permits Committee. This Committee operates near the State Comptroller and its decisions are subject only to the law. The activities and powers of the Committee are established in the fourth chapter of the Rules of Ethics for the Prevention of Conflicts of Interest.

Nowadays, the Permits Committee includes:  

• Chairs: former judges Shulamit Dotan & Nehama Munitz.  
• Members of the Committee: Dr. Esther Luzzatto, Mordechai Cohen, Shmuel Slavin & Israel Tick. 

Since the beginning of its operation, in 1980, until the end of 2023, the Permits Committee received applications for decisions on various subjects, such as:     

• Resuming ministers' positions in bodies in which they had served before being appointed as ministers' such as commemoration associations and public bodies. For example' orchestras or sports unions were amongst those bodies. 
• Writing articles and books, conducting studies and giving lectures by Ministers for various entities while they serve as ministers or receiving royalties for publications made before they started their term as ministers. 
• Ministers' traveling abroad at the expense of an external entity (an entity which is not part of the state institutions) and receiving donations from external entities under special circumstances. 
• Managing finances, holding securities and other financial matters, such as giving a one-time instruction to a trust company or keeping stocks of private companies.    

The Powers of the Permits Committee

Rule 19 of the Rules of Ethics for the Prevention of Conflicts of Interest  stipulates that the Permits Committee is entitled to refuse to grant a permit for non- compliance with a rule or to issue a permit or conditional permit if it seems justified under the circumstances and publicly appropriate. It further states that the validity period of the permit shall not exceed the term of  the government . The Rules grant the Committee the authority or amend a permit based on the circumstances.
According to Rule 20, ministers, deputy ministers or candidates may apply to the committee for a permit. Rule 21 stipulates that the Committee shall hear the State Comptroller's opinion before making a decision, and that its decision is final. 

Compensation for the members of the Permits Committee

Rule 23 of the Rules of Ethics for the Prevention of Conflicts of Interest stipulatesthat the expenses of members of the Committee shall receive reimbursement for their expenses as determined  by the State Comptroller. Members of the Committee who do not recieve  a salary from the State, will receive fees for their participation in Committee meetings.  

The Course of Discussions

The Permits Committee convenes to discuss the applications it receives. In the course of the discussions, various permit applications made by ministers and deputy ministers are presented. Occasionally, the applications are presented by the ministers themselves and sometimes they are presented by the ministers' spouses, attorneys, accountants, etc. - in the presence of the applicants or in their absence, depanding on the circumstances.   

The Decisions of the Permits Committee 

In accordance with Rule 21(a), the Committee should hearto the State Comptroller's opinion on the relevant case before it makes a decision. In accordance with the Committee's powers specified in the Rules, the Committee may grant a permit, temporary permit or conditional permit or refuse to grant a permit. The decisions of the Committee are made in based on the circumstances, the specific details of the case and the Committee's interpretation of the Rules. The decisions are submitted to the ministers and copies of the decisions are kept in the Ministers' files at the Office of the State Comptroller.     

It should be noted that with regards to all the decisions made by the Committee to approve applications of ministers and deputy ministers, the decisions were made after the Committee decided that the permit is justified under the specific circumstances, that it is publicly appropriate and that the granting of the permit does not violate or potentially violate any of the Rules.        

Publication of the Permits Committee's Decisions

In accordance with the Committee's decision from November 28th, 2010, with regards to the publication of its decisions, and in accordance with a court ruling given by the District Court of Jerusalem, in its capacity as administrative court, on March 3rd, 2011, with regards to administrative petition 1981/09 - as a rule, the Committee's decisions would be published henceforth. On January 24th, 2011, the decision was communicated to all ministers and deputy ministers. 

However, the Committee decided that given the nature of the matters involved and their sensitivity, each case will be considered separately and the Committee is entitled to decide, at its discretion, and considering the specific circumstances, to publish the decisions partially, by omitting details, making edit changes or exclude personal identifiable information. For that matter, the Committee will also consider the position of the relevant minister or deputy minister with regards to the publication.    

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Rules for the Prevention of Conflicts of Interests by Ministers and Deputy Ministers