ACT No. XX of 2011 AN ACT to establish a Council for Maltese Living Abroad which shall have the function of protecting and promoting the rights and interests of Maltese living outside Malta, and to provide for matters connected therewith or incidental thereto.

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I assent.

G EORGE A BELA

(L.S.)

President

2nd December, 2011

ACT No. XX of 2011

AN ACT to establish a Council for Maltese Living Abroad which

shall have the function of protecting and promoting the rights and

interests of Maltese living outside Malta, and to provide for matters

connected therewith or incidental thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

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

(1) The short title of this Act is the Council for Maltese Short title and

commencement.

Living Abroad Act, 2011.

(2) The provisions of this Act shall come into force on such

date as the Minister responsible for foreign affairs may, by notice in

the Gazette, establish and different dates may be so established for

different provisions and different purposes thereof.

In this Act, unless the context otherwise requires

[Article 5(1)(c)]

1. The members of the Council residing abroad appointed by

the Prime Minister shall be ordinary residents living in the following

states or countries and two members shall be selected from amongst

persons living in each of the following countries or states

(a)

the State of Victoria in the Commonwealth of

Australia;

(b) the State of New South Wales in the Commonwealth

of Australia;

(c)

The United States of America.

And one member shall be selected from amongst persons living

in each of the following countries

(a)

United Kingdom; and

(b) any state of the Commonwealth of Australia (other

than Victoria and New South Wales );

(c)

Canada; and

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(d) Members states of the European Union other than

Malta and the United Kingdom.

2. In choosing overseas members to the Council due

consideration shall be given to the opinions, suggestions,

recommendations and advice of, where applicable, federations of

Maltese associations, Maltese community councils and the

associations most representative of communities of Maltese living

abroad.

Passed by the House of Representatives at Sitting No. 412 of the

23rd November, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives

Interpretation.

"the Constitution" means the Constitution of Malta;

"the Council" means the Council established by article 3;

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"Maltese living abroad" means any person of Maltese

nationality who is living outside Malta and has so lived for a period of

at least twelve months;

"the Minister" means the Minister responsible for foreign

affairs;

"overseas member" means a member of the Council who is

living outside Malta;

"the public service" shall have the same meaning as is assigned

to it by article 124 of the Constitution of Malta;

"Register" shall mean the Registers referred to in article 10.

(1) There is hereby established a Council for Maltese

Living Abroad, hereinafter referred to as "the Council".

(2) The Council shall be the body representing Maltese

communities abroad before all Malta government entities including

the public service and any public authority, institution or organisation

responsible for implementing policies affecting these communities.

(3) The functions of the Council shall be the following

(a) to monitor the quality of life of Maltese

communities and of their individual members residing abroad;

(b) to strengthen, facilitate and cultivate the ties

between Maltese communities abroad and Malta’s political,

cultural, economic and social life;

(c)

to ensure effective protection of the rights of

Maltese communities and of their individual members residing

abroad;

(d) to facilitate the maintenance of the cultural and

linguistic identity of Maltese communities abroad and promote

Maltese culture abroad, in particular the teaching of the Maltese

language;

(e)

to promote the history of migration in Malta in co-

operation with government authorities;

(f)

to maintain ties with such all organizations

established by Maltese living abroad and keep a register of non-

government organizations established abroad;

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(g) to analyse and verify the problems encountered by

Maltese communities abroad, including professional and

educational training and development, and recognition of

qualifications and skills gained in Malta;

(h) to prepare any proposal, or make any suggestion or

recommendation relating to legislation or administrative

measures as well as international agreements and European

Union regulations affecting the rights and interests of Maltese

living abroad;

(i)

to ensure that Maltese living abroad are not

excluded from any benefits to which they would otherwise be

entitled originating from the institutions of the European Union;

(j)

to promote and encourage studies and research work

relating to subjects concerning Maltese communities and

persons of Maltese descent around the world; and

(k) to be consulted on, and contribute to, the drafting of

Maltese legislation or administrative measures affecting

Maltese communities abroad.

The Council shall be responsible to provide the Minister Duties.

with advice on

(a)

any Bill presented to the House which directly or

indirectly affects the rights entitlements or interests of Maltese

living abroad;

(b) any budgetary matter or administrative measure

relating to the interests of Maltese communities abroad,

including the promotion of Maltese culture and language abroad

whether on the initiative of Government or any public

institution, by whatever name called, entrusted with the

promotion of Maltese culture abroad;

(c)

any transmission on and production of public

broadcasting services relating to programmes intended for

Maltese living abroad; and

(d) any other relevant matter referred to the Council by

the Minister.

(1)

The Council shall be composed as follows

Council set-up.

(a)

the Minister responsible for foreign affairs who shall

be ex officio its Chairman;

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(b) five members who shall be appointed by the Prime

Minister for a term of three years, after consulting the Leader of

the Opposition, from amongst Maltese nationals living in Malta

or abroad, who have special knowledge and experience of the

needs and interests of Maltese living abroad, and who have

lived abroad or have worked or are working in non-

governmental organisations whose principal aim is the

promotion of the welfare of Maltese living abroad; and

(c)

ten members appointed by the Prime Minister for a

term of three years from amongst Maltese nationals who are

members of Maltese communities living abroad (hereinafter

referred to as "overseas members"), to be appointed in

accordance with the Schedule, which may be amended or

substituted by regulations made under this Act.

(2) Members of the Council may be re-appointed for one more

term on the expiration of their initial term of office.

(3) Except for the Chairman, a person shall not be qualified to

hold office as a member of the Council if he is a Minister,

Parliamentary Secretary, a member of or a candidate for election to

the House of Representatives or the European Parliament or national,

state, regional or local legislature, or a member of a local government

authority. A member of the Council shall not hold any position which

is incompatible with the correct performance of his official duties or

with public confidence therein.

(4) Subject to the provisions of this article, the office of a

member of the Council shall become vacant

(a) at the expiration of three years from the date of

appointment or re-appointment; or

(b)

upon resignation by letter addressed to the Minister;

or

(c)

if any circumstances arise that, if he were not a

member of the Council, would cause him to be disqualified for

appointment as such.

(5) The Council may set up Regional Councils for any one of

the countries listed in the Schedule. Such Regional Councils shall be

exclusively responsible and accountable to the Council. Their

composition shall be the within the exclusive remit of the Council.

(1) Meetings of the Council may take place through the

medium of video and, or audio teleconferencing and the records of

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such meetings shall register the presence of any overseas members

participating through such medium.

(2) The meetings of the Council shall be called by the

Chairman on his own initiative or at the request of any four members

of the Council.

(3) The Council shall not act unless a quorum consisting of the

Chairman or his delegate and not less than eight members including

at least one overseas member is present, provided that where video

and, or audio teleconferencing takes place, any overseas member

participating in such meeting shall be deemed to be present at such

meeting for all purposes of this Act.

(4) At least once every year the Chairman shall convene a

meeting of the Council in Malta inviting all overseas members to

attend and participate in such meeting.

(5) The decisions of the Council shall be adopted by a simple

majority of the votes of the members present. The Chairman shall not

have an original vote or a casting vote.

(6) Any vacancy among the members of the Council shall not

invalidate the proceedings of the Council.

(7) Subject to the provisions of this Act, the Council may

regulate its own procedure.

(1) By the end of March of the year immediately Reports.

following the year of its constitution, the Council shall publish a

report of all its activities and annually thereafter, and send a copy of

the report to the Clerk of the House of Representatives who shall

immediately lay such report on the Table of the House, provided that

if the House is not in session, then such report shall be laid within

four weeks after the House resumes its session.

(2) The report mentioned in sub-article (1) shall, within a

period of eight weeks from the date on which a copy thereof is laid on

the Table of the House, be noted and discussed by the Foreign and

European Affairs Standing Committee of the House or by any other

committee replacing it and such Committee shall make appropriate

recommendations to the House on any matters arising from the report.

(3) A copy of such report shall also be sent to the Standing

Committee on Social Affairs of the House.

(1) There shall be established within the Ministry Directorate.

responsible for Foreign Affairs or any other Ministry as the Prime

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Minister may determine, a Directorate responsible for Maltese living

abroad, whose aim shall be the promotion and protection of the rights

and interests of Maltese living abroad.

(2) The Directorate shall serve as a focal point for information,

advice and co-ordination to Maltese living abroad and any association

representing Maltese abroad or non-governmental organization

included in the Register.

(3) The Directorate shall be responsible to ensure the

implementation of this Act.

(1) There shall be a Secretary to the Council who shall

be a person appointed by the Minister or a public officer designated

by the Minister to perform the functions of Secretary.

(2) The Council shall also have such other staff as the Minister

may deem necessary and appoint or designate as aforesaid.

(1) There shall be kept a Register of non-governmental

organizations set up outside Malta which are involved in the

promotion and protection of the interests of Maltese living abroad as

well as a Register of prominent Maltese nationals living abroad who

have distinguished themselves in their respective profession, vocation

or work outside Malta.

(2) Such registers shall be kept at the Office of the Council

and shall be the responsibility of the Secretary.

(3) The inclusion, exclusion and removal of an organization or

individual from the Registers shall be the sole responsibility of the

Council.

The Minister may make regulations to implement and give

better effect to the provisions of this Act and may also, without

prejudice to the generality hereof, make regulations

(a) to regulate any appointment or election of any

member of the Council who lives abroad;

(b) to amend or substitute in whole or in part the

provisions of the Schedule;

(c)

to prescribe anything that may or is to be prescribed

under this Act;

(d) to provide for assistance to overseas members who

attend meetings of the Council in Malta and for the

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establishment of relevant schemes;

(e)

with the concurrence of the Minister responsible for

culture, to establish a Maltese Cultural Institute for the

promotion of Maltese culture outside Malta, and for such

purpose to regulate the composition, functions, operation and

appointment of officers and staff attached to such Institute

Provided that no regulation made under this paragraph

shall have effect unless it has received the prior approval of the

House signified by resolution.

Immediately after article 20 of the Constitution of Malta, Consequential

amendment to

there shall be added the following new article

the Constitution

of Malta.

" Participation

The State shall facilitate the

of Maltese

participation of Maltese citizens who live abroad

citizens living

in the political, social, economic and cultural life

abroad.

of Malta.".