Act No. XI or 1995 AN ACTIo amend the Houseo! RepreserJIatillts (Privileges and Powers) Ordinance, Cap. J 13.

I asse nt.

UGO MIFSUD BONNICI

President

19t h May, 1995

Act No. XI or 1995

AN ACTIo amend the Houseo! RepreserJIatillts (Privileges and Powers)

Ordinance, Cap. J 13.

BE IT ENACt EO by the Preside nt, by and with the advice and

consent o f the House of Represenlatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

This Act may be cited as the House of Represenlatives

(Privileges and Powers) (Amendment) Act , 1995, and shall be read and

construed 3$ one with the House of Representatives (Privileges and

Powers) Ordinance, herei nafte r referred to as " the principa11aw".

For section 7 of the principal law there shall be substituted the

following

M7. The House may delegate ils power in respect of the

examination of wilncsses and experts, but not in res~ of

the infliction of punish ment, to the Standing Committee on

Privileges mentioned in the Standing Order of the House

1200 .

K.

For section II of the principal law there shall be substi tuted the

following new section

I· An ghandha tit.died din I·Jskeda Ii gejja

"SKEDA

(Artikolu 16)

Koditlla' [Jlh ... ·M_bri taI·Kamra tad.~putad

I , Membru lal-Kamra lad-Deputali ghandu rkull waq l , sew

jekk gewwajew barral-Kamra, igib ruhu b'mod li jkun jixhed ghall.

UtaIU.J u dinjil. lal-Kamra tad-Deputali .

2, Membru tal-Kamra tad.Deputati ghandu jkun konformi

ma' l-i5pirtu u I-iura tar.Regoli tal-Kamra tad-Depulali u ma r-

regoli tal·kumitali taghha kif debitamenl imwaqqfin Ii jinsabu fl ·

iSlandi"g Ord~rs lal· Kamra jew ma' kuU ritoluzzjo ni li ligi

approvata mill-Kamra lad-Depulati.

3. Mcmbru tal-Kamra tad-Deputali ma jisla' jirtievi cbda

hlas jew kumpens ta' liema xo rta tkun ghax.xoghol tiegflu bfl ala

Membru tal-Kamra tad.Depulati. fllier jr-rimunerazzjoni uffiqali

lieghu bhala Membru.

4. Filwaqtli membru tal·Kamra lad-Deput!!li ghandu d-dmir

li jwassal I·limenti tal-koslilwenti lieg1'lu u li jaghmel

rappretenta nzi risi mhom lilI-awtorilajiel ta l-Gvem, mhuwiex

mistenni li I-Membru jag1'lmel xi infiuwenza mhw: xierqa, theddid

jew pressjoni li m'gha ndhiex issir fil-twettiq ta' dmirijielu ,

5. Kull membru lal-Kamra tad-Depulati ghan du ta' kull sena

fit-tmien stabbili t mill.iSp eaker tal-Kamra tad-Deputati jindika

r registru li jintamm ghal dan I-ghan miU-iSpeaker, u liema registru

jkun miftuh ghall-ispezzjon lal.pubblik u

a, x'ikun ix-xoghol jew jJ-professjoni lieghu, u jekk ikun

impjegat, x'jismu min jimpjegah;

b. il. proprjeta immobbli lieg1'l u , dik taJ.koojugi jekk

ikun hemm il-kom unjoni ta' I-akkwisti , dik la ' \- uliOO rieghu ta'

taht I-etl kif ukoU, jekk iku n hekk jixtieq , il-mod kif din Ikun

inkisbet u kif Ikun qeghda tigi utala;

c. azzjon ijiet f investimenti ta' kumpa nniji kumm erCjali

inklu ti flus depotitati fiI-banek u kull xort 'ohra ta' int eress

finanzjarju;

d. potizzjonijiet la ' diretl ur u dawk ohra rkumpanniji

kummertja li, assotjazzjonijiet, boards, soqetajiet ko-

operanivi jew kull grupp iehor ukoll jekk dawn ik unu ghaqdiet

volon tarji ;

e. Membru lal-Kamra lad-Deputati , li jkollu inle ress

professjonali, inkluii konsulenza dwar inleressi ta' xoghot.

tmexxija jew kull ghamla la' konnessjoni, sew finanzjarja jew

mod iehor , ma' persuni, gruppi jew kumpan niji li ghandhom

interess dirett fxi JegisJazzjoni li I-Kamra jkollha qu ddiemha,

ghandu jiddi kjara J-in teress tieghu fil-Kamra, ma' J-ewweJ

opportunitl, qabel ma jilliehed vot fit-Tieni Qari ta ' I-A bbozz;

f. Membru tal-Kamra lad-Depulali ma ghandux

jal:tclla rigali minghand persuni, gruppi jew kumpanniji li

kellhom xi inleress dirett jew indirett fiegisJazzjoni li Ikun

quddiem iJ-Kam ra tad-Depulati;

g. Membru tal·Kamra tad.Deputati ma ghandu jaeceua

ebda o norarju ghaJ xi diskors, kit ba jew pubblikazzjoni, jew

attivitl ohra bhal dawk minghand xi persuna , organinanjoni

jew kumpannija b'tieda iklar fuq il-va lur li s-50IIU u

b'konsweludn i jinghata g1'Ial dawk is-seTVizzi ;

h. Membru tal-Kamra tad-Depulati, 1i jkun ghamei

:tjara barra minn Malta , li Ik un giet imhallsa kollha kem m hi

jew fparti minnha minn xi persuna, grupp jew kumpa nnija li

jko llha inleress diretl rlegislazzjoni li Ikun quddiem il-Kamra,

ghandu jiddikjara dak ii-fatt fregislru mitmum mill. iSpeaker

ghal dak I-ghan u li jkun miftuh ghall. ispezzjon lal-pubbliku;

i. huwa mistenn; I; Membru tal-Kamra tad-Deputati

jirraporta lill -iSpetlktr u lill-awloril8j ict kompelenli kul!

Icnlattiv la' korruzzjoni, pres.sjoni jew influwenza li

m'g.I'Iandhicl( issir, minn (em u Ii tkun mahsuba biex

linfluweoza I-impeba lieg.hu bhala membru.

6. Filwaq! la ' xoghol pro£essjonali , okkupazzjonali ;Cw

kummertjali ma ghand ha ssif ebda riferenz.a gha] shubija bhala

membru tal-Kamra lad.Dcputati li b'xi mod tista' lagtll; IiI xi

membru van ta,U mhux xieraq." _

MgI'Ioddi mill-Kamra tad-Deputati fis-Scdu ta Nru . 418 lad-9 la' Mejju, 1995.

LAWRENCE GONZJ

SpNker

RI CHARD J. CAUCI-II

SkrillQII /ol-Kamra lad·Deputati

(1) Where it appears prima facie to the Speaker

that a person , whethe r a Member of the House o r not , has

committed any o f the acts refened to in subsection (4) of this

section , he shall . refe r the matter to a com mittee set up in

accordance with section 7 of this Act and to be styled

Committee of Privileges. The tenn "prima facie" shall mean

that a complaint raised alleges a breach of a rule set o ut in this

Ordinance or in the Standing Orders of the House of

Representatives or any resolution approved by the House of

Representatives in relation to the acts referred to in the said

subsection (4) of this section, and shall in no case mean o r

imply an expression of guilt or innocence.

(2) The Committee ~hall be delegated with powers

to examine the evidence contained in section 6 of this Act

wilh respect to the examination of witnesses and experts ,

documents or reports and the chairman shall be empowered

10 administer the oath or affirmation in accordance with

section 7 of this Act.

(3) The Committee shall, aftcr having made such

examinatioos as it deems fit and, where possible, after

hearing the person allegedly committing the acts, report to

the House recommending Ibat

(a) the House authorizes the Speaker to order the

executive police to bring the person who allegedly has

committed such acts before the Court of Magistrates

(Malta), which shaH have jurisdiction accordingly; and

that Court shall have no such jurisdiction unless an order

as aforesaid has been made by the Speaker; or

(b) the House resolves that the acts so committed

would be adequately punished with an admonition , and

in such case such person shall be admonished by the

Speaker.

(4) The follOwing shall constitute offences against

this Act, that is to say:-

(a) any act or contempt of the authority of the

House by words or gestures committed by any witness or

by any other person in the presence of the House or of a

Committee of the House;

(b) any insult or disrespect to the person of t?-e

person presiding the meeting of the House or any of Its

committees and any insult or disrespect to a Member of

the House even if such Member be not present at the

time of the insult or disrespect, when in either case the

insult or disrespect is profferred or committed in the

presence of the House or any of its committees when

sitting;

(c) any infringement of any regulations, order, or

directions made or given by the House relating to the

admission of strangers to the Chamber of the House and

their behaviour therein;

(d) any assaull upon, obstruction or insult of a

Member while on his way to or from the House or on

account of his conduct in the,House , or any endeavour to

compel a Member by force , insult or menace to declare

himself in favour of or against any proposition or matter

pending or expected to be brought before the House;

(e) the sending to a Member of the House of any

threatening letter respecting his conduct in the House;

(f) any assault upon, interference with , or

resistance 10 an officer of the House while in the act of

performing, or on account of having perfo rmed his duty ;

(g) the creation of or panicipation in any

disturbance in the House or in the vicinity of, o r within

the precincts of the Chamber of the House white the

House is sitting, whereby the proceedings of the Ho use

arc or are likely 10 be interrupted ;

(h) any tampering with , deterring. threatening.

beguiling or in an y way unduly influe ncing any witness in

regard to evidence to be given by him before the House

or any Comminee the reof;

(i) the presenting to the House or to any

Comminec thereof o f any false , untrue , fabricated o r

falsified document with intent 10 deceive the House o r

that Committee ;

G) the publication of any defamatory libel on the

Speaker or any Member touching anything done o r said

by him as Speaker or as a Member in the House or in a

Committee thereof;

(k) the wilful or reckl ess publication o f any falseor

pervened report of any debate o r proceedings of the

House or a Committee the reof.

(5) Without prejudice to any higher punishment

laid down in the provisions o f any Olher law, any person who

commits any o f these acts referred 10 in subsectio n (4) of Ihis

section, shall be guillY of an offence against Ihis Act and shall

o n conviction , be lia ble 10 the punishment of admonition or to

imprisonment for a tenn not exceeding six months or to a fine

(mu/la) of oot more than five hundred Maltese liri o r to both

such fine and imprisonment.

(6)

For the purposes of Ihis section:-

" publication" means any act wh ereby any printed

matter is o r may be communicated, to o r brought to the

knowledge of an y person o r whereby any words or visual

images are broadcast; an d

" broadcast" means the broadcast o f words or o f

visual images by means of wire less telegraphy or wire o r

both, whether or not such words or images are in fact

received by any perso n.

(7)

A person shall be deemed guilty of th e acts

mentioned in paragraphs U) and (k) of subsection (4) of this

section if the publication referred to in paragraphs (j) and (t )

of su bsection (4) of this section consists in th e publication of

such defamatory libel, false or perverted report, in printed

form in Malta , or in the distribution in Malta of such printed

matter containing such defamatory libel, false o r perverted

report from whatsoever place such printed matte r may

originate , o r in any broadcast from any place in Malta o r any

place outside Malta of any such defamatory libel, false or

perverted report.

(8) In the case of a person guihy of an act

mentioned in paragraph (j) of subsection (4) of this section ,

the Coun ma y in addition 10 the punishments established in

subsection (3) of thissection, order in the ease of a newspaper

that in a subscqueOl issue thereof, DOt later than the next but

one, and in the case of a broadcasting medium that on the day

immediately following that on which the o rder is gi"en, the

judgement whe reby the accused is found guilty o f such act, be

published or broadcast as the case may be, free of charge in

the same language in which the offence was committed; and if

at the time such judgement or immediately thereafter the

newspaper has ceased publication or the broadcasting

medium has ceased 10 operate , or in the case of any other

pUblication, tl:e court may in the o rder or in a subsequent

order, order tha t the judgement be published or broadcast at

the expense of the person so found guilty in another

newspaper o r on another medium within a period not

exceeding one mon th.

(9) In the case o f persons found guilty of an act

mentioned in paragraph (k) of subsection (4) of this section,

the Court may in addition to the punishments established in

subsection (5) of th is section order that Ihe offender publish ,

at such date and time as the Court may establish , free of

charge, in the same newspaper or on the same broadcasting

medium as the case may be, a statement by way of

contradiction o r explanation.

(10) Default of compliance with an order made

unde r subsections (8) and (9) o f this section shall be deemed

10 constitute an offence against this Act and subject to the

same penalties as provided in subsection (5) o f this section.

(11 ) Any person who isan accomplice in any of the

acts mentio ned in paragraphs (a) to (k) of subsectio n (4) of

this section shall be deemed to be guilt y of the same acts and

shall be liable to the penalties laid down in the said

subsectio n.

(12) Notwithstanding the foregoing provisions o f

this section, the House may punish with an admonition any

person who in the presence of Ihe House commits any act of

indiscipline and may order that such person shall nol be

allowed to atte nd meetings of the House as a stranger fo r such

period as the House may determine , being a period nol

beyond the last day of the session of the House in which such

order shall have been given.

( 13) The provisions of this section shall be without

prejudice 10 the provisions of any stand ing orders Or

resolutions which the House of Represenl81ives may from

time to time make to regulate the conduct o f its members and

o rder du ring its proceedings.".

Sections 13 and 14 of the principal law shall be repealed.

4. S. Immediately a fter section IS of the principal law the re shall be

added the following new section

( I) The House of Represe ntatives may, by

resol ution , adopt a Code o f Ethics 10 regulate the conduct of

its members and it shall be the duty of all members of the

Ho use to ad here by any Code of Ethics in forcc.

(2) Un til such time as the House of

Represe ntatives shall by resolution adopt a Code of Et hics by

resolution in acco rdance with subsectio n ( I) of this section,

the Code of Ethics conta ined in the Schedule to Ihis Act shaU

be deemed to be a code of ethics adopted by a resolution o f

th e House in accorda nce with subsection (I) of Ihis section

and may be amended o r substituted accordingly.".

6. Im med iate ly afte r new section 16 of the principal law added by

this Act there shall be added the following &:hed ule

"SCHEDULE

(Section 16)

Codt of Ethics or Mtmbtrs of the House of Representallves

I. A member o f the House of Represe ntatives shall at all

times, both inside and outside the House, conduct hi mself in a

manne r which reflects the status and dignit y of the House of

Representatives.

2. A membe r of the House of Representatives shall adhere

to the spirit and lette r of the Rulesofthe House of Representatives

and to th e rules o f duly constituted committees thereof as

contai ned in the Standing Orders o f the House or any resolution

appro\'ed by the House of Represen tatives.

3. A member of the House of Represe ntatives may not

receive any rem unera tion or co mpensation under whatever form

for his work as a Member of th e House of Representatives. except

for his official remune ration as a Membe r.

4. While a member o f the House o f Re prese ntatives is in

duty bound to relay the complaints of his constituents and 10 make

rep resentations in thei r name to Government aut horities the

Member is expected not 10 use any imprope r influence. threats o r

undue pressure in the course of his du ties.

5. Every member of the House of Representatives will

annually at the time established by the Speaker of the House of

Represen tatives indicate in a register which will be purposely kepi

by the Speaker, which register shall be open 10 inspection by the

public

8. his work or proCession. and if he is employed, the

identity of his employer;

his own immovable property , that e Chis spouse if the

b.

community of aequests applies, that of his minor children as

well as, if he so wishes, the manner o! its acquisition and of its

u,,· ,

c.

shares

in

commercial

companies

investments

including money deposited in banks and any other form of

pecuniary interest;

d . directorships or other official positions in commercial

companies, associations, boa rds, co-operatives or other

groups, even if voluntary associa tions.

e. a member of the Ho useof Representatives, who has a

professional interest, includin g work interest consultancy,

management or any fonn of connection, pecuniary o r

otherwise , with persons, groups or companies, that have a

direct interest in legislation before the Ho use, shall declare his

interest in the House , at the first opportunity, before a vote is

taken o n the Second Reading of a Bill ;

f. a Member of the House o f Representatives, shall not

accept gifts from persons, groups or companies that had any

direct o r indirect intent in legislation before the House of

Representatives.

g. a Member o f the House of Representatives shall

acce pt no honorarium for a speech, writing o r publication, or

other similar activity from any person , o rganisation or

companies in excess of the usual and customary val ue for such

services;

h. a Member of the HOU5eOf Represe ntatives. who has

made a visit outside Malta, financed in whole or in part by one

person, group or company which has a direct interest in

legislatio n before the House, shall declare the fact in a register

purposely kept by the Speaker, and accessible to the public;

i . • Member of the House of Representatives is

expected 10 rcpon 10 the Speaker and 10 the competent

authorities any atlempt al corruption, pressure or undue

influence by third persons, aimed al infl ue ncing his conduct as

a member.

6. Re£erence shall not be made in professional , occupational

or business mallcn 10 membership of the House of Representa-

tives which in any way can give undue advantage 10 a member.

Passed by the House of Representa tives at Sitting No. 418 of 9th May. 1995.

LAWRENCE GONZI

S~aker

R1 CJIARD J. CAUCHI

Cluk 10 Ihe Ho use of Representativu

tppublll,u. ",id-Dip.rtimnt' .. ' Hllfonnanjonl - Kattilja _ l'1J>/iJ/t.t4 by dw ~ of'1I/,,/04 Fin. _ Ka: .. ~

/oI;'bIi&ft. f1.ltWl\perija IaI.Qvem _ ,.,.,Itd tII IN ~ PriIWo, !'nu