ACT No. XVII of 2016 AN ACT to provide for the setting up of the Maltese Sign Language Council, and for matters ancillary or consequential thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

24th March, 2016

ACT No. XVII of 2016

AN ACT to provide for the setting up of the Maltese Sign

Language Council, and for matters ancillary or consequential

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 Maltese Sign Short title and

basis.

Language Recognition Act, 2016.

(2) This Act is based on the principles of the consolidation of

human rights, equal opportunities and linguistic rights.

In this Act, unless the context otherwise requires

Interpretation.

''Committee'' means the Social Affairs Committee of the House

of Representatives or any other committee substituting the same;

"Council" means the

Maltese

Sign

Language

Council

established under article 7;

"Deaf community" means -

(a)

the distinct linguistic and cultural group of people

who have a hearing impairment and who use Maltese Sign

Language as their first or preferred language; and

(b)

people who have a hearing impairment and who

identify with the group of people referred to in paragraph (a);

"Maltese Sign Language" means the visual and gestural

language that is the first or preferred language in Malta of the distinct

linguistic and cultural Deaf community;

"Minister" means the Minister responsible for the rights of

persons with a disability.

(1) The Republic of Malta recognises Maltese sign

language as an expression of culture and endorsement for equal

opportunities and inclusion. The purpose of this Act is to promote and

maintain the use of Maltese Sign Language by declaring Maltese Sign

Language to be an official language of Malta and empowering the

making of regulations setting competency standards for the

interpretation of Maltese Sign Language.

(2) The guiding principle of this Act is that the Deaf

community should be consulted on matters relating to Maltese Sign

Language including the promotion of the use and development of

Maltese Sign Language.

Maltese Sign Language is declared to be an official

language of Malta and the Government of Malta shall promote

through all possible means the widest use of Maltese Sign Language

in all government information and services, education, broadcasting,

media, at the law courts, and in political, administrative, economic,

social and cultural life.

The obligations under this Act are subject to such limits as

circumstances make reasonable and necessary in terms of the Equal

Opportunities (Persons with Disability) Act, if all reasonable

measures and plans for compliance with this Act have been taken or

made.

Nothing contained in this Act shall affect the right of any

other linguistic community in Malta or the right of any person to use

the language of that community or person which is not Maltese Sign

Language.

There shall be established a Council to be known as the

Maltese Sign Language Council, hereinafter referred to as "the

Council".

The purposes of the Council are

(a) to advise the Minister in all matters related to sign

language;

(b)

to support research related to sign language;

(c)

to support the development of sign language and

motivate and enhance the recognition and expression of Maltese

Sign Language;

(d) to promote the dynamic development of such

linguistic characteristics as identified by the Maltese Deaf

community;

(e)

in consultation with the Deaf community, adopt a

suitable linguistic policy backed by a strategic plan, and ensure

that the same are put into practice and observed in all sectors of

Maltese life;

(f)

to evaluate and co-ordinate the work done by

associations and individuals, in Maltese Sign Language sector

and to foster an atmosphere of co-operation through a

consensual plan;

(g) to seek to obtain financial resources locally and

overseas in order to be able to strengthen its activities,

especially such resources as are already accessible to local and

international organisations for research purposes;

(h) to co-operate with persons, bodies and organisations

in the disability sector in order to increase and augment the

recognition and appreciation of Maltese Sign Language and

cultural activities for the further advancement of Maltese Sign

Language;

(i)

to prescribe and establish regulations about the

standards of competency that a person who is to act as an

interpreter of Maltese Sign Language must attain and keep a

register of recognised Maltese Sign Language Interpreters;

(j)

to undertake such other activities as may be assigned

to it by the Minister.

(1) The Council shall be composed of not more than Composition of

five members, who shall be appointed by the Minister, one of whom the Council.

shall be appointed after consultation with the National Commission for

Persons with Disability as Chairperson.

(2) The members shall be appointed from amongst persons

who are knowledgeable in matters relating to sign language, ancillary

services, public service procedures, education or in other areas related

to signing; at least two of the members of the Council shall be persons

belonging to the Deaf community and another member shall be

appointed in consultation with the Minister responsible for education.

(3) The members of the Council shall be appointed for a term

of three years, but shall be eligible for re-appointment on the

expiration of their term of office. Any member may, before the

expiration of his term of office, resign by letter addressed to the

Minister.

(4) A person shall not be qualified to hold office as a member

of the Council if he is, or was, a Minister, Parliamentary Secretary, a

member of the House of Representatives, a member of a local

government authority, or if he is a public officer other than a public

officer who is qualified to be appointed Chairperson of the Council

under sub-article (2).

(5) 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 his

appointment; or

(b) if any circumstances arise that, if he were not a

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

appointment as such.

(6) A member of the Council may be removed from office by

the Minister, but such member may be removed only for inability to

discharge the functions of his office (whether arising from infirmity

of mind or of body or any other cause) or for misbehaviour.

(7) If the office of a member of the Council is vacant or if a

member is for any reason unable to perform the functions of his

office, the Minister shall appoint a person who is qualified to be

appointed to be a member to be a temporary member of the Council,

and any person so appointed shall, subject to the provisions of sub-

articles (5) and (6), cease to be such a member when a person has

been appointed to fill the vacancy or, as the case may be, when the

member who was unable to perform the functions of his office

resumes those functions.

(8) The Minister shall ensure that the Council is provided with

the necessary resources in order to function in an effective manner.

(1) The Council shall, within two years after the date on

which this Act comes into force, and once every two years thereafter,

prepare a report on -

(a)

the operation of this Act since its commencement,

and every two years after the first report; and

(b) whether any amendments to the scope and contents

of this Act are necessary or desirable.

(2) The Council shall ensure that persons or organisations that

are representative of the interests of the members of the Deaf

community are consulted on the matters to be considered in the

report.

(3) The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of such report, or if at

any time during that period the House of Representatives is not in

session, within eight weeks from the beginning of the next following

session, cause a copy of such report to be laid on the Table of the

House of Representatives. The report shall then be discussed by the

Committee.

The report may be included in any report made in relation Inclusion of

to the Equal Opportunities (Persons with Disability) Act and on the report

reports.

progress being made in implementing the Malta National Disability Cap. 413.

Policy and applicable Strategy and also in relation to any reporting

procedure required pursuant to the obligations emanating from the

UN Convention on the Rights of Persons with Disability.

Passed by the House of Representatives at Sitting No. 370 of the

16th March, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.72