ACT No. XLII of 2016 AN ACT to provide for the establishment of a Parliamentary Service and to provide for matters consequential and ancillary thereto.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

5th August, 2016

ACT No. XLII of 2016

AN ACT to provide for the establishment of a Parliamentary

Service and to provide for matters consequential and ancillary

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 Parliamentary Short title and

commencement.

Service Act, 2016.

(2) This Act shall come into force on such date as the Minister

responsible for parliamentary affairs may by notice in the Gazette

establish, and different dates may be so established for different

provisions and different purposes of this Act.

In this Act, unless the context otherwise requires

Interpretation.

"Clerk" means the Clerk of the House of Representatives as

provided for in article 64 of the Constitution and in article 11 of this

Act;

"Constitution" means the Constitution of Malta;

"House" means the House of Representatives of Malta;

"House Business Committee" means the Standing Committee

on House Business established by Standing Order 120C of the House

of Representatives; or any other similar Committee which may be

entrusted by the House with the regulation of its business;

"officer of the Service" means the Clerk of the House, the

Senior Clerk Assistants, the Clerk Assistants, and any other officer so

designated by the Speaker and includes any other employees engaged

with the Service;

"public officer" has the same meaning as is assigned to it by

article 124 of the Constitution;

"Service" means the Parliamentary Service established under

article 4;

"Speaker" means the Speaker of the House of Representatives

elected under article 59 of the Constitution;

"Standing Orders" means the Standing Orders of the House of

Representatives.

The Speaker has the control of the parliamentary offices

and services in the parliamentary precincts and all such offices and

services as may be supplied elsewhere by the House or its members.

(1) There shall be established an autonomous

Parliamentary Service independent from the Executive.

(2) The Service shall be a body corporate having a distinct

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any kind

of property for the purposes of its operations and of suing and of

being sued and of doing all such things and entering into all such

transactions as are incidental or conducive to the exercise or

performance of its functions under this Act, including the borrowing

of money.

(3) The officers of the Service shall abide by any Code of

Ethics applicable to public officers and shall, subject to any law to the

contrary, have the same obligations thereunder

Provided that the Service may, with the concurrence of the

House Business Committee, draw up service values and a Code of

Ethics to supplement any public service Code of Ethics in respect of

the Service.

(4) The legal and judicial representation of the Service shall

lie in the Speaker.

(5) The Service shall consist of

(a)

officers of the House being

(i)

the Clerk;

(ii)

other officers required to sit at the Table of the

House;

(iii) such other officers as the Speaker, on the

advice of the House Business Committee, may establish;

and

(b)

other officers of the Service.

There shall be an Administrative Board chaired by the Administrative

Clerk and composed of the heads of the various sections of the Board.

Service and any other officer nominated by the Clerk in consultation

with the Speaker. The Board shall perform an advisory role assisting

the Speaker in the exercise of his functions under this Act.

The House Business Committee shall determine the Functions of the

remuneration, conditions of service and other benefits given to the House

Committee.

Clerk of the House, consider the financial estimates of the Service

and report thereon to the House as provided for in article 17, and

perform any such other functions as may be established under this

Act.

(1) The functions of the Service are to provide Functions of the

administrative and support services to the House and to members and Service.

committees thereof which may include

(a) the provision of sufficient officers and employees to

enable the House and its committees to operate efficiently;

(b) the provision of advice on parliamentary procedures

and the functions of Parliament in general;

(c)

the accurate and efficient reporting of the

proceedings of the House and its committees in accordance with

the Standing Orders;

(d) the provision of such other services for Members of

the House as the House Business Committee may deem

expedient;

(e)

the maintenance and security of parliamentary

premises; and

(f)

the provision of ceremonial services.

(2) The Service shall have such other functions as are

conferred or imposed upon it by or under this Act or any other

enactment, or as may be determined by the Speaker together with the

House Business Committee from time to time.

(1) The Speaker shall be the Head of the Service. The

general role of the Speaker in relation to the Service shall be to

(a) present the financial plans and estimates of the

Service to the House Business Committee;

(b) decide major policies to guide the operation and

management of the Service;

(c)

supervise the management and operation of the

Service;

(d) decide on the services to be supplied by the Service

and for this purpose may establish divisions and sections as

necessary, vested with such responsibilities as the Speaker may

from time to time deem appropriate;

(e)

be the employing authority of the Service; and

(f)

in consultation with the House Business Committee,

make regulations concerning the filling of vacancies,

recruitment, tenure of appointment, dismissal, discipline and for

all other matters relative to employment under this Act.

(2) The Speaker may engage such persons in a consultative

capacity as he may deem necessary for the proper functioning of the

Service, as well as such other persons as may be required to serve in

his office, provided that where the House Business Committee shall

have made rules regulating such procurement, the Speaker shall in

procuring such services, follow such rules.

The Speaker may delegate the powers conferred upon him

under this Act to any person acting as Deputy Speaker.

The Speaker shall, in exercising his functions under this

Act, consult with the House Business Committee.

The Clerk shall be appointed by the President of Malta on

the advice of the Speaker, after consultation with the House Business

Committee.

(1)

The Clerk of the House shall be responsible for

(a)

the performance of such duties as are assigned to

him under the Constitution;

(b) the carrying out of such duties and the exercising of

such powers as may be conferred on the Clerk by law or by the

Standing Orders, customs and practices of the House;

(c)

the execution and pursuance of the policy adopted

by the Service;

(d)

chairing of the Administrative Board;

(e)

the preparation of the financial plans and estimates

of the Service in consultation with the Administrative Board;

and

(f)

any other duties as may be assigned to him by the

Speaker and the House Business Committee.

(2) Subject to the provisions of this Act, the Clerk shall be

responsible to the Speaker for the executive conduct of the Service,

its administration and organisation and the administrative control of

its officers and employees. The Clerk shall also have such other

powers as may from time to time be delegated to him by the Speaker.

(3) The Clerk may make recommendations to the Speaker with

respect to any matter for consideration by the Speaker and shall take

such steps as are necessary to implement those policies and decisions

of the Speaker that require action to be taken by the Service.

(1) The Clerk shall hold office under such terms as may Suspension and

removal of the

be decided upon by the House Business Committee.

Clerk.

(2) The Clerk may at any time resign by a letter addressed to

the Speaker.

(3) The Clerk may be suspended from office by the Speaker

acting on the advice of the House Business Committee.

(4) The Clerk may at any time be removed from office by the

President of Malta upon an address by the House supported by the

votes of the majority of all the members thereof and praying for such

removal on the ground of inability to perform the functions of his

office (whether arising from infirmity of body or mind or any other

cause) or misbehaviour. Such address shall only be moved in the

House after the House Business Committee determines that there is a

cause for such removal.

The Clerk may perform his administrative functions either Power of the

Clerk to

personally or through the assistance of other officers of the Service.

delegate.

(1) On the occurrence from any cause of a vacancy in

the Office of the Clerk (whether by reason of death, resignation, or

otherwise), and in the case of absence from duty of the Clerk (from

whatever cause arising), and so long as that vacancy or absence

continues

(a) the functions, powers and duties of the Clerk at the

Table of the House shall be performed and exercised by the next

most senior of the Clerk Assistants or officers of the House;

(b) the other functions, powers and duties of the Clerk

shall be exercised and performed as follows

(i) in the case where the absence of the Clerk is of

a temporary nature, by a person to whom the function,

power or duty has been delegated by the Clerk under article

14, and

(ii) by an officer appointed by the Speaker in any

other case under article 9.

(2) The fact that a person exercises a function, power or duty

of the Clerk shall, in the absence of proof to the contrary, be

conclusive evidence of the authority of the person to do so.

If an officer of the public service becomes an officer of the

Service, that officer shall be entitled to retain all existing acquired

rights, including any pension rights, he may have under all applicable

laws up to the date of his becoming an officer of the Service, as if the

service of an officer or employee of the Service were a continuation

of the service as an officer of the public service.

(1) The expenses of the Service required for the running

of the House, (other than the remuneration of the Speaker, the

Members of Parliament and the Clerk) up to a sum as may be fixed by

the House in accordance with this Act, shall be a charge on the

Consolidated Fund without the need of any further appropriation

other than this Act.

(2) (a)

The remuneration of the Speaker and the Members

of Parliament shall be fixed by an independent body established for

this purpose and shall be defrayed as part of the expenses of the

Service.

(b) The remuneration of the Clerk shall be fixed by the

House Business Committee and shall be defrayed as part of the

expenses of the Service.

(3) For the purposes of establishing the sum referred to in sub-

article (1), the Clerk shall prepare an estimate of the sum required and

submit it for the Speaker’s approval.

(4) Such estimate shall, before consideration by the House, be

submitted by the Speaker for examination by the House Business

Committee.

(5) Where, during the course of any financial year, the sum

fixed by the House is in the opinion of the Speaker insufficient to

enable the Service to efficiently fulfil its responsibilities, the Clerk

shall prepare supplementary estimates for the Speaker’s approval and

subsequent consideration by the House after examination by the

House Business Committee as aforesaid in sub-article (4).

(6) (a)

The sum or sums referred to in the previous sub-

articles of this article shall be fixed by a resolution of the House after

considering the estimates and the report thereon by the House

Business Committee.

(b) The Minister for Finance shall be consulted in the

drawing up of the financial report and he shall therefore be an ex

officio member of the House Business Committee whenever the

estimates are debated, in lieu of such Committee from the

Government side.

(7) The House Business Committee shall from time to time but

not less often than once a year present to the House, through the

Speaker, a report of its activities and the report of its examination of

any estimates prepared by the Clerk.

(8) Where, upon the dissolution of the House, the sum to be

established for the purposes of sub-article (1) is not so established or

the House has not after the end of a financial year established the said

sum, the Speaker shall be entitled to expend, each month, a sum

equivalent to one-twelfth of the sum or sums established for the

previous financial year, until the said sum is so established.

(9) The Speaker shall, not later than a month after half the

financial year, present an interim account of the expenditure of the

Service, to the House of Representatives which shall thereafter be

published on the Parliament website and which shall, amongst other

matters, disclose the expenditure on human capacity, on administration,

on travel abroad and on other allowances and the capital expenditure,

for the six month period to which it refers.

(1) The accounts of the Service shall be audited by the Audit.

Auditor General or by such person or persons, hereinafter referred to

as "auditor", appointed by the House Business Committee from

among such persons who, in accordance with such law as may from

time to time be in force, hold a warrant entitling them to audit the

accounts of a public limited liability company.

(2) The auditor shall, with regard to the accounts of the

Service, have such powers as are by law vested in the Auditor

General with regard to accounts subject to his audit.

(3) The Auditor General or the auditor shall present his report

on the audit carried out by him to the House Business Committee

which shall, through the Speaker, present the same to the House

together with any comment thereon by the said Committee or any of

its members.

The Speaker, on the advice of the House Business

Committee, may enter into any arrangement for the broadcast of

parliamentary sittings, committee meetings and any other activities

related to the work of the House.

The Constitution shall be amended as follows

(a)

in article 49 thereof, for the words "the Chief

Justice" there shall be substituted the words "the Speaker of the

House of Representatives"; and

(b) sub-article (2) of article 64 thereof shall be

substituted with the following

"(2) Without prejudice to the provisions of sub-

article (6) of article 110 of this Constitution and to any

other law applicable to employment in the public sector,

and without prejudice to the provisions of sub-article (1) of

this article, the Speaker may appoint such officials and

employees as may be required for the fulfilment of

functions, powers and duties under the Parliamentary

Service Act. The said power of appointment includes the

power to approve the number of persons who may be

appointed under this article both with reference to the total

number and with reference to specific duties, salaries and

conditions of employment

Provided that once the number of posts in the

Parliamentary Service has been approved by the Minister

for Finance and funds are made available, no further

administrative approvals shall be required for the

Parliamentary Service to conclude contracts of

employment in accordance with those approvals.".

Article 10 of the Broadcasting Act shall be amended as Amendments to

the

follows

Broadcasting

Act.

(a)

in paragraph (b) of sub-article (4A) thereof, for the

words "to any broadcaster." there shall be substituted the words

"to any broadcaster;" and immediately thereafter there shall be

added the following new paragraph

"(c) a parliamentary broadcast content licence

issued to the Speaker of the House of Representatives.";

(b) in

the

definition

"commercial

television

broadcasting service" in sub-article (4E) thereof, for the words

"general interest objective service." there shall be substituted

the words "general interest objective service;", and immediately

thereafter there shall be added the following new definition

"parliamentary broadcast content licence" means a

licence to broadcast plenary and committee sessions of the

House of Representatives and any other activity taking

place in the Parliament building organised by or in

conjunction with the Office of the Speaker, through a

nationwide radio service and or nationwide television

service."; and

(c)

in sub-article (5) thereof, for the words "in

accordance with the Companies Act, provided that licences for

community radio services may also be awarded to individuals

who are ordinarily resident in Malta." there shall be substituted

the words "in accordance with the Companies Act:", and

immediately thereafter there shall be added the following new

proviso

"Provided that

(a) a parliamentary broadcast content licence may

only be awarded to the Speaker of the House of

Representatives; and

(b) licences for community radio services may also

be awarded to individuals who are ordinarily resident in

Malta.".

Passed by the House of Representatives at Sitting No. 421 of the

20th July, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.08