MKs cannot be fired

MKs Yinon Magal (Habayit Hayehudi) and Oren Hazan (Likud) have recently become embroiled in two separate scandals. Some have asked that their respective party leaders, or Knesset Speaker Yuli Edelstein (Likud), expel them from the parliament.

But the fact is that the Knesset can only do so much when it comes punishing lawmakers. Under the Basic Law: The Knesset, an MK can be permanently expelled only if a set of conditions are met: if he or she has been convicted of a criminal offense, if the appeals process has been exhausted, and if a moral turpitude clause is attached to their sentence.

An MK may be temporarily suspended upon conviction in the lower courts, even if the appeals process has yet to be exhausted, if a moral turpitude clause has been attached to their sentence.

At this time, the Israel Police has yet to launch an official investigation into Magal's alleged harassment of women. As for Hazan, his offensive and derogatory conduct toward MK Karin Elharar (Yesh Atid) may be in violation of ethical norms, but he did not break any law.

Although the two MKs cannot be removed from office, they can still face disciplinary action. The Knesset Ethics Committee has already received two complaints against Hazan and it may eventually decide on a reprimand or a censure. It can also ban him from plenum debates and committee hearings for up to six months. This ban was imposed on MK Hanin Zoabi after she was accused of incitement. Beyond that, the committee lacks any other form of punishment.

The Magal case is different because there is an ongoing probe by the Israel Police. Since parliamentary committees lack their own investigative tools, there is doubt as to whether they can handle sexual harassment cases.

The leaders of Likud and Habayit Hayehudi can implore the two MKs to voluntarily step down. They can tell them that any day that goes by with them still in office tarnishes the Knesset's reputation. But such prodding is unlikely to succeed.

Alternatively, the party leaders can divest their work of any significance by denying them committee membership, sidelining them from the legislative process and preventing them from sponsoring legislation. They can walk out when Magal or Hazan speak before the plenum or leave them out of party delegations overseas. By taking these measures, they might be able to nudge them into resigning.

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