The position of a minister without portfolio – that is, a minister who does not lead a ministry but is part of the government cabinet – is often viewed as a needless waste of public money. But what about the other way around – a ministry without a minister?
In an unprecedented situation, Israel currently has no fewer than six government ministries, including especially important ones such as Health, Welfare, and Interior, which are not headed by any minister.
As a reminder, when the ultra-Orthodox parties withdrew from the government, Prime Minister Netanyahu doled out the portfolios to two Likud ministers. Justice Minister Yariv Levin was appointed as acting minister in four ministries: Interior, Religious Services, and Labor, and later also the Jerusalem and Jewish Tradition Ministry. Tourism Minister Haim Katz was appointed as acting construction and housing minister (and later became the permanent minister), as well as acting minister of health and of welfare and social affairs.
Ministries left without ministers
By law, an acting minister’s term is limited to only three months. After that, a permanent minister must be appointed, in a process that requires Knesset approval. Yet more than two weeks have passed since the terms of ministers Levin and Katz have expired, and still no permanent ministers have been appointed. The government has decided to appoint Katz as health and welfare minister, but the process remains incomplete. The government is struggling to secure a majority in the Knesset for the appointment, due to the ongoing crisis with the ultra-Orthodox parties. The bottom line is that there are no ministers leading these ministries, constituting a complete disregard for both the law and the public interest.
The consequences of not having an appointed minister are severe and immediate. Certain actions and decisions require ministerial approval, such as signing regulations or appointing senior officials. A recent and striking example is The Public Committee for the Expansion of the Health Services Basket, which cannot convene without an official letter of appointment from the health minister.
Essential legislative processes also cannot move forward without the involvement of the responsible minister. In a recent meeting of the Ministerial Committee for Legislation, it was decided to postpone discussions on a number of proposed bills until ministers are appointed to the relevant ministries. Among these proposals were several of particular importance at this time.
Following the events of October 7 and the Iron Swords War, one proposal seeks to raise the maximum age for those eligible for foster care licenses, thereby allowing more children to be placed with foster families, a matter under the responsibility of the welfare minister.
Another proposal seeks to regulate financial assistance for families supporting young adults who have lost both parents. This is an issue under the responsibility of the Labor Ministry, which, incidentally, not only has no minister but also only an acting director-general.
Anyone visiting the websites of the government ministries might get the impression that time has been frozen. Shas MKs Moshe Arbel and Yaakov Margi are still listed as the interior and welfare ministers, respectively, and MK Meir Porush from United Torah Judaism is still displayed as Jerusalem and Jewish tradition minister.
Cynics might say that this reflects reality, since the three are still running things behind the scenes. Some confirmation of this came recently, with the report that the Civil Service Commission decided to fire dozens of employees in these ministries – advisers, chiefs of staff, and secretaries. Apparently, these employees continued to work even without an officially appointed minister.
Yariv Levin, by the way, is still listed as religious services minister and as acting labor minister, even though his term has already expired. If ministers Levin and Katz continue to manage these ministries’ affairs, it constitutes an act beyond their authority and a clear constitutional violation. What’s more, if they are not managing the ministries, that means there is no responsible minister at all, which is also a violation of the law.
Failing to appoint ministers to government ministries, especially when these are crucial ministries that provide essential services to citizens, is a breach of a fundamental duty of the government.
Each of these ministers is granted a range of statutory powers, but at this point in time, there is no one to exercise them.
If the government believes that certain ministries are unnecessary, it is, of course, free to close them – a move that requires Knesset approval – but as long as it does not do so, it must ensure their proper functioning.
The government must act swiftly to appoint ministers to these government ministries.
The writer is a researcher at the Israel Democracy Institute’s Center for Democratic Values and Institutions.