ACT No. XIII of 2017 AN ACT to provide for the appointment of a Commissioner and a Standing Committee with power to investigate breaches of statutory or ethical duties of categories of persons in public life, and for matters ancillary or related thereto.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

30th March, 2017

ACT No. XIII of 2017

AN ACT to provide for the appointment of a Commissioner and

a Standing Committee with power to investigate breaches of statutory

or ethical duties of categories of persons in public life, and for

matters ancillary or related 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:-

PRELIMINARY

(1) The short title of this Act is the Standards in Public

Life Act, 2017.

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

responsible for Parliamentary affairs shall by order in the Gazette

establish and different dates may be established in respect of different

provisions and purposes of this Act.

(Article 3)

CODE OF ETHICS OF MEMBERS OF THE

HOUSE OF REPRESENTATIVES

1. A member of the House of Representatives shall at all

times, both inside and outside the House, conduct himself in a manner

which reflects the status and dignity of the House of Representatives.

2. A member of the House of Representatives shall adhere to

the spirit and letter of the rules of the House of Representatives and to

the rules of duly constituted committees thereof as contained in the

Standing Orders of the House or any resolution approved by the

House of Representatives.

3. Without prejudice to the provisions of sub-article (2) of

article 5 of this Schedule, a member of the House of Representatives

may not receive any remuneration or compensation under whatever

form for his work as a member of the House of Representatives,

except for his official remuneration as a member.

4. While a member of the House of Representatives is in duty

bound to relay the complaints of his constituents and to make

representations in their name to Government authorities, the Member

is expected not to use any improper influence, threats or undue

pressure in the course of his duties.

5. (1) Every member of the House of Representatives will

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

Representatives indicate in a register which will be purposely kept by

the Speaker, which register shall be open to inspection by the public

(a)

his work or profession, and if he is employed, the

identity of his employer;

(b) his own immovable property, that of his spouse if

the community of acquests applies, that of his minor children as

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

use;

(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, boards, co-operatives or

other groups, even if voluntary associations.

(2) A member of the House of Representatives -

(a)

who has a professional interest, including work

interest consultancy, management or any form of connection,

pecuniary or otherwise, with persons, groups or companies, that

have a direct interest in legislation before the House, shall

declare his interest in the House, at the first opportunity, before

a vote is taken on the Second Reading of a Bill;

(b) shall not accept gifts from persons, groups or

companies that had any direct or indirect intent in legislation

before the House of Representatives;

(c)

shall accept no honorarium for a speech, writing or

publication, or other similar activity from any person,

organisation or companies in excess of the usual and customary

value for such services;

(d) 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 legislation before the House, shall declare the

fact in a register purposely kept by the Speaker, and accessible

to the public;

(e)

is expected to report to the Speaker and to the

competent authorities any attempt at corruption, pressure or

undue influence by third persons, aimed at influencing his

conduct as a member.

6. Reference shall not be made in professional, occupational

or business matters to membership of the House of Representatives

which in any way can give undue advantage to a member.

In this Act, unless the context otherwise requires -

Interpretation.

"Commissioner" means the Commissioner for Standards in

Public Life appointed under article 4 and includes any officer or

employee of the Commissioner authorised by him in that behalf;

"Committee" means the Standing Committee on Standards in

Public Life established under article 26;

"corrupt practice" has the meaning assigned to it in article 6 of

the Permanent Commission against Corruption Act;

"Minister" means the Minister responsible for Justice;

"person of trust" means any employee or person engaged in the

private secretariat of a Minister or of a Parliamentary Secretary

wherein the person acts as an adviser or consultant to a Minister or to a

Parliamentary Secretary or acts in an executive role in the Ministry or

Parliamentary Secretariat, and where the person has not been engaged

according to the procedure established under article 110 of the

Constitution;

"statutory body" means any corporation or other body corporate

established by law or any partnership or other body in which the

Government or such body as aforesaid has a controlling interest, or

over which it has effective control.

(Article 3)

CODE OF ETHICS FOR MINISTERS

AND PARLIAMENTARY SECRETARIES

In this Code, reference to a Minister includes a reference to a

Parliamentary Secretary. The word Minister shall be construed to

apply to both males and females.

1. PREAMBLE

The Ministers are chosen by the Prime Minister and shall

remain in office as long as they enjoy the confidence of the Prime

Minister and are responsible and accountable for their actions to the

Prime Minister, to Parliament and to the public in general and,

eventually to the electorate at a general election.

They enjoy a position of trust given to them by the people and

that emanates from the office given by the Prime Minister, and they

enjoy the power of exercising discretion in the taking of a wide range

of decisions that can affect individuals, groups of individuals, or the

community in general.

Hence Ministers shall act and behave according to standards of

the highest level both on a personal basis and in the performance of

their constitutional duties.

2. PURPOSE OF THIS CODE

Whilst Ministers are personally liable for the decisions

regarding their actions and behaviour and personally liable to be

accountable for their behaviour and to justify their actions and

behaviour to the Prime Minister, to Parliament as well as to the

people in general, the purpose of this Code of Ethics is to provide a

guide of the highest levels expected from the Ministers in their

behaviour in order to respect the best standards of integrity, honesty,

transparency, accountability and a sense of justice, and so as to

provide a guide with the aim of avoiding conflicts of interest.

3. ENFORCEMENT OF THIS CODE

If it results that a Minister has behaved or acted in such a way

that prima facie constitutes a breach of this Code, the Prime Minister

shall use his discretion in order to decide what actions shall be taken.

The Prime Minister shall have a right to refer to or consult on

the matter with a body already established by law or that still has to

be established, but ultimately the final decision on whether a breach

exists and on the applicable consequence, always remains within the

exclusive competence of the Prime Minister.

4. GENERAL PRINCIPLES

Apart from the general principles of observance of the law,

respect of the following principles is expected of Ministers

4.1 The principle of collective responsibility, in the sense that

a Government is collectively responsible to and shall have the duty to

answer for its management, to Parliament.

4.2 Ministers are individually responsible to Parliament for

their decisions, policies and actions and for those of the departments

and agencies that fall within their ministries.

4.3 Consequently the Ministers shall provide correct information

to Parliament and shall correct at the first possible opportunity any

mistakes or inaccuracies made unintentionally.

4.4 Ministers shall be, to the widest extent possible, open to

providing information to Parliament and to the public in general.

4.5 Ministers shall ensure that government departments and

entities that fall within their ministries are managed well and

prudently.

4.6 Ministers shall require public officials that fall within their

ministries, to provide the most complete and accurate information

when requested by the Parliamentary Committees.

4.7 Ministers shall ensure that there is no conflict of interest

between their public duties and personal interests.

4.8 Ministers shall not accept any gifts or benefits, except as

provided in this Code, that may or may reasonably create an

impression that they are compromising their judgement or place them

under an inappropriate obligation.

4.9 Ministers shall keep their roles as Ministers and as

Representatives separate, as well as their role as a member of a

political party.

4.10 Ministers shall respect

the

principle

of

political

impartiality of the public service.

5. STANDARDS FOR MINISTERS AS PERSONS WHO

OCCUPY PUBLIC OFFICE

For this purpose, Ministers as public officers, shall be inspired

by, and in their behaviour, actions and decisions shall be guided by

the following values

5.1 A sense of service - the supreme good is the common good

and a Minister should not be motivated by a spirit of gain for himself, his

family, his friends or persons close to him but only by a sense of service

towards the community in general and the common good, because above

all he is managing public property on behalf of the general public.

5.2 Integrity – Ministers shall not put themselves in a position

of being influenced by a financial obligation or otherwise of persons

or organizations that try to do so, or make improper use of

information that comes to their knowledge because of their office in

order to give undue advantage to someone whilst disadvantaging

others.

5.3 Diligence – once Ministers administer public property, on

behalf of the public in general, they shall exercise the highest level of

diligence including in the expenditure of public funds, and they shall

also work diligently and hard in the performance of their duties.

5.4 Objectivity – in the performance of public duties,

including in the appointments to offices, public procurement, or in the

context of any award of benefits.

5.5 Accountability – Ministers administer public property and

shall be transparent in their operations and open to necessary scrutiny.

5.6 Transparency – Ministers shall as much as possible

perform their duties in an open and transparent manner, and therefore

give reasons for their decisions and actions.

5.7 Honesty - Ministers shall avoid entering into conflicts of

interest between the public interest and their private interest and shall

provide complete and correct information to Parliament, to the

Cabinet and the public in general.

5.8 Justice and respect – in their behaviour and in decisions

which they take, Ministers shall show respect to the institutions and

shall respect the laws of the country. They shall show a sense of

balance and consideration by being sensitive in general to all sectors

of society, and in particular to the rights and aspirations of the persons

concerned, in order to act with a sense of justice.

5.9 Leadership - Ministers shall embrace and be inspired by

these values in order to lead by example.

6. COLLECTIVE RESPONSIBILITY – THE MINISTERS

AND THE GOVERNMENT

6.1 Ministers shall be familiar with the powers and obligations

entrusted to them, with the Standing Orders and the rules on which

Parliament functions and with the rules and procedures governing

their work.

6.2 Since the principle of collective ministerial responsibility

is central to the Constitution, whilst discussions in the Cabinet

should be as much as possible free and open and the opinions of every

member of the Cabinet should be heard, at the same time the same

discussions and deliberations are classified as confidential. Ministers

therefore should not communicate or comment on what has been

discussed in Cabinet outside of Cabinet.

6.3 The decisions of the Cabinet shall be communicated to the

Ministers concerned by the Cabinet Secretary who must ensure that

the decisions are carried out.

6.4 The meetings of the Cabinet shall take precedence over

any other ministerial activity apart from official duties abroad, and

Ministers are party to the decisions taken by the Cabinet, whether

they were present or not, when the Cabinet has come to a particular

decision.

7. MINISTERIAL DUTIES

7.1 Ministerial office is one that occupies the whole working

day of the Minister concerned. No Minister can accept any other

payment for something in connection with his work as Minister.

7.2 Upon appointment, a Minister is expected not to continue

with his private work and shall dedicate all his time to Government

work. This applies in so far as the Cabinet does not decide otherwise

in exceptional cases where the national interest so requires.

7.3 When a Minister is appointed to office, he shall

immediately provide a statement of his assets and interests to the

Cabinet Secretary on the relative form. Any interest that may

otherwise give rise to a perception of conflict of interest and any

actual conflict of interest shall also be indicated to the Cabinet

Secretary. This statement shall be provided every year in the manner

indicated from time to time.

7.4 Ministers shall respect the impartiality of the public

service and shall ensure that their influence on the public service is

not abused. Prior to coming to a decision, Ministers have the duty to

give appropriate consideration to the widest range possible of advice,

including by giving weight to the informed and impartial advice of

public officials or employees.

7.5 Decisions taken shall, as much as possible, be kept

recorded in government files, even if the practicality and reality of

current electronic communication also has to be taken into

consideration.

7.6 Ministers shall ensure that as employers they treat staff in a

just and equitable manner.

7.7 Ministers shall be inspired by merit and capabilities in

appointments and offices conferred and shall consult the Prime

Minister with regard to appointments of chairpersons and board

members.

7.8 Ministers shall ensure that even with regard to travel, they

shall make the most efficient arrangements and they are responsible

for the size of the delegations.

7.9 When a Minister terminates his appointment, he shall

return to the Cabinet Secretary all the documents, material and

resources that were given and entrusted to him in order to perform his

duties. As customary, it is within the Prime Minister’s discretion to

permit to ex-Ministers reasonable access to documents and material

concerning the period during which they held ministerial office.

7.10 Ministers shall not disclose information or confidential

information even after the end of the ministerial office.

8. PRIVATE INTERESTS

OF

MINISTERS

AND

CONFLICTS OF INTEREST

8.1 Ministers shall ensure that there is no conflict between

their public duties and private interests, financial or otherwise, and it

is the personal responsibility of every individual Minister to decide

whether steps have to be taken and what needs to be done in order for

there not to be such conflict of interest. Provided that if direction is

needed from the Prime Minister with regard to the existence of a conflict

of interest, that decision shall be final. The general principle is that a

Minister may either dispose of this interest or take alternative measures

to prevent it.

8.2 Any person who is approached in order to be offered

ministerial office, shall, if a doubt exists as to whether there is a

possibility of conflict of interest, before accepting such office, inform

the Prime Minister of this fact and of other relevant circumstances.

Provided that if during the legislature there is a change in the personal

circumstances of the Minister which may give rise to conflict of

interest, the Minister shall be obliged to immediately inform the

Prime Minister.

8.3 In the same manner, any person who is approached by a

Minister in order to be offered a post in the secretariat, shall, if a

doubt exists as to whether there is a possibility of a conflict of

interest, before accepting such post, inform the Minister concerned of

this fact and of other relevant circumstances.

8.4 No Minister shall accept gifts, donations, hospitality or

services from anyone, that may place him under an obligation

towards such person or persons and this shall also apply to immediate

family members of the Minister. In case of doubt, the Prime Minister

shall be consulted.

8.5 Ministers shall not normally accept decorations from

foreign countries, except with the permission of the Prime Minister.

8.6 No Minister shall take part in the taking of decisions that

affect his family members, or other persons close to him and no

Minister shall be improperly conditioned in his decisions by a conflict

of interest of a financial nature or otherwise, whether involving him

or persons close to him, or make improper use of information

received because of his office and during the carrying out of his

duties, particularly if this is done in order to unfairly favour any

person or persons to the detriment of others.

8.7 When a Minister is involved in legal proceedings in his

private capacity, these may have implications on the ministerial role.

The Cabinet Secretary shall be informed of these proceedings and, in

the case when proceedings are instituted by the Minister, the Cabinet

Secretary shall be informed before such proceedings are instituted.

9. MINISTERS AND PARLIAMENT

9.1 When Parliament is in session, it is the duty of Ministers to

attend parliamentary sittings and to actively participate in the

discussions that are in progress in the various stages of Parliament

and in selected Committees of Parliament. The Speaker of the House

shall be informed when a Minister is abroad or is unable to attend

parliamentary sittings due to illness.

9.2 When Parliament is in session, Ministers shall ensure that

the most important declarations and statements regarding policies or

decisions are announced in Parliament as the highest institution of the

country.

9.3 Ministers shall do their utmost so as to provide the most

accurate and correct information possible and any correction that may

be required shall be made at the first opportunity.

9.4 The Speaker of the House of Representatives shall in any case

be informed beforehand with regard to any ministerial statements in

Parliament and in general the Opposition shall also be informed of the

content some time before the statement is made.

9.5 Ministers shall show respect to the Chair and to all

members of Parliament.

10. MINISTERS, PUBLIC RELATIONS AND THE PRESS

10.1 Ministers shall inform the public and the media of

ministerial activities on a regular basis and in an organized manner.

10.2 For this purpose and for efficient co-ordination,

statements, interviews and ministerial activities shall first obtain the

approval of the Office of the Prime Minister prior to being issued or

carried out.

10.3 In the case where incorrect information is given, it shall be

corrected immediately.

10.4 In the public interest, Ministers shall ensure that they have

open communication with the social partners, non-governmental

organizations, professional associations, the broadcasting media and

the public in general.

(1)

This Act applies to

Scope.

(a) Members of the House of Representatives including

Ministers, Parliamentary Secretaries and Parliamentary

Assistants;

(b) Persons of trust only to the extent that it shall be

within the power of the Commissioner, acting either of his own

motion or after receiving a complaint, to investigate and report to

the House of Representatives whether a person of trust shall have

breached the provisions of the Code of Ethics included in the First

Schedule to the Public Administration Act to which persons of

trust shall by virtue of this Act and without any further

requirement, be subject.

(2) This Act shall also apply to any other person or category of

persons as the Minister may by regulations, supported by an

affirmative resolution of the House of Representatives, prescribe.

(3) (a)

The Code of Ethics set out in the First Schedule Code of Ethics.

shall apply to Members of the House of Representatives.

(b) Without prejudice to the provisions of paragraph (a)

the Code of Ethics set out in the Second Schedule shall apply to

Ministers, Parliamentary Secretaries and Parliamentary Assistants.

(4) The Minister may, from time to time, upon a

recommendation by the Standing Committee on Standards in Public

Life, by Order in the Gazette, supported by an affirmative resolution

of the House of Representatives, amend or substitute the schedules.

(5) It shall be the duty of all persons, to whom this Act applies,

to comply with the applicable Code of Ethics as provided in this

article.

PART I

COMMISSIONER FOR STANDARDS IN PUBLIC LIFE

(Article 19)

(The Standards in Public Life Act)

Summons to Witnesses

To A.B. (name of person summoned and residence)

You are hereby summoned to appear before ................................

at .................................... (place) on ........................... (date and time)

and

to

give

evidence

respecting

........................................................... (the matter of the investigation)

and to bring the following documents with you ....................................

Your attention is also drawn to the fact that should you fail to

abide by this summons you may be subjected to an administrative

penalty as established by article 19(5) of the Act on Standards in Public

Life.

Given under my hand this .................. day of ................ 20 .....

(Signature of the Commissioner or Committee)

Passed by the House of Representatives at Sitting No. 498 of the

22nd March, 2017.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€2.52

There shall be appointed a Commissioner for Standards in

Public Life who shall be appointed by the President of Malta acting in

accordance with a resolution of the House of Representatives

supported by the votes of not less than two-thirds of all the members

of the House

Provided that when a person who is not a member of the

House of Representatives is elected to be the Speaker of the House of

Representatives he shall not be treated as a member of the House for

the purpose of establishing the majority required by this article.

(1) A person shall not be qualified to be appointed to the

office of Commissioner if he is a member of the House of

Representatives, a member of a local council, a public officer, or a

person who holds an office or position which is subject to this Act.

(2) The office of Commissioner shall be incompatible with the

exercise of any professional, banking, commercial or trade union

activity, or other activity for profit or reward except for such other

activity as members of the judiciary are by law allowed to pursue in

addition to their judicial duties.

(3) The Commissioner shall not hold any position which is

incompatible with the correct performance of his official duties or

with his impartiality and independence or with public confidence

therein. The Commissioner shall declare to, and seek the approval of,

the Speaker of the House of Representatives, regarding any positions,

trusts or memberships which the Commissioner considers do not

affect impartiality, or independence and public confidence, and which

it is desired to retain during the term of office.

(1) Except as otherwise provided in this Act, a Term of office.

Commissioner shall hold office for a term of five years, and shall not

be eligible for reappointment.

(2) Unless his office becomes vacant sooner, a person

appointed as a Commissioner shall hold office until his successor is

appointed.

(3) A Commissioner may at any time resign his office by

writing addressed to the President.

(1) A Commissioner may at any time be removed or Removal or

suspended from his office by the President of Malta, upon an address suspension

office.

from the House of Representatives supported by the votes of not less

than two-thirds of all members of the House, requesting such removal

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

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

cause) or proved misbehaviour, and the provisions of the proviso to

article 4 shall also apply for the purpose of establishing the majority

required under this sub-article.

(2) At any time when Parliament is not in session, a

Commissioner may be suspended from his office by the President of

Malta acting in accordance with his own discretion for inability to

perform the functions of his office or misbehaviour proved to the

satisfaction of the President of Malta; but any such suspension shall

not continue in force beyond two months after the beginning of the

next ensuing session of Parliament.

(1) If a Commissioner dies, or resigns from office, or Filling of

vacates his office or is removed from office, the vacancy thereby vacancy.

created shall be filled in accordance with this article.

(2) If the vacancy in the office of a Commissioner occurs at

any time while Parliament is in session, it shall be filled by the

appointment of the Commissioner by the President of Malta on the

recommendation of the House of Representatives in accordance with

article 4

Provided that if the vacancy occurs less than two months

before the close of that session and no such recommendation is made

in that session, the provisions of sub-article (3) shall apply as if the

vacancy had occurred while Parliament was not in session.

(3) If any such vacancy occurs at any time while Parliament is

not in session, the President of Malta shall appoint a Commissioner to

fill the vacancy, and the person so appointed shall, unless his office

becomes vacant sooner, hold office until another Commissioner is

appointed in accordance with article 4.

(1)

The President of Malta may -

(a)

at any time during the illness or absence of the

Commissioner, or

(b) for any other temporary purpose where the

Commissioner considers it necessary not to conduct an

investigation himself because of such circumstances, that were

he a judge of the superior courts, he would abstain,

appoint a Commissioner to hold office in accordance with this article,

and such a Commissioner shall be paid such salary, not exceeding the

amount payable to the Commissioner, as the President of Malta thinks

fit.

(2) The power relating to the provisions of sub-article (1)(b)

shall be exercised only on a certificate signed by the Commissioner to

the effect that, in his opinion, it is necessary for the due conduct of the

business of the Commissioner under this Act that an additional

Commissioner should be temporarily appointed.

(3) A Commissioner appointed under this article on account of

the illness or absence of the Commissioner shall hold office until the

resumption of office of the Commissioner, and every other

Commissioner appointed for a temporary purpose shall hold office

until he performs the function assigned to him.

(4) (a)

A person shall not be qualified to be appointed

under this article if he is disqualified to be appointed Commissioner

under article 5(1).

(b) The provisions of article 5(2) and (3) shall apply to a

person appointed under this article

Provided that a person appointed under this article may

exercise any activity for profit or reward which is not in any way

incompatible with the provisions of article 5(3).

(1) Before entering upon the exercise of the duties of his

office a Commissioner shall take an oath that he will faithfully and

impartially perform the duties of his office, and that he will not,

except in accordance with article 21, divulge any information

acquired by him under this Act.

(2) The oath shall be administered by the Speaker of the House

of Representatives.

(1) Subject to the provisions of the Constitution and of Resources.

any other enactment applicable thereto, and subject to the provisions

of this article, the Commissioner may appoint such officers and

employees as may be necessary for the carrying out of the functions,

powers and duties under this Act. This power to appoint includes

approval to the numbers of persons that may be appointed under this

article whether generally or in respect of any specific duties or classes

of duties, their salaries and conditions of appointment.

(2) The Commissioner may in the conduct of an investigation

engage, in a consultative capacity, any person whose particular

expertise is essential to the effectiveness of the investigation

Provided that if the consultant required is a public officer

the Prime Minister may, at the request of the Commissioner,

designate the public officer to assist.

(3) Subject to the provisions of this article the Commissioner

shall be responsible for approving the level of capital equipment,

furnishings, materials, and administrative activities for the carrying

out of the functions, powers and duties under this Act.

(4) The finance required for the Commissioner’s salary and

allowances, and for the resources described in sub-articles (1), (2) and

(3) shall not exceed a maximum amount indicated in a financial plan

approved by the House of Representatives and shall be a charge on

the Consolidated Fund without any further appropriation other than

this Act

Provided that the Commissioner shall present to the House,

by the 15th day of September of each year, a financial plan which will

indicate the ensuing year’s activities.

(5) The salary, allowances and expenses payable to the

Commissioner shall be at rates equivalent to those applicable to a

judge of the superior courts. The salary is not to be diminished during

the continuance of the Commissioner’s appointment.

(6) The officers and employees appointed in accordance with

sub-article (1) shall, before entering into the exercise of their office or

employment, take an oath that they will faithfully and impartially

perform the duties of their office or employment, and that they will

not, except in accordance with article 21, divulge any information

acquired by them under this Act. Such oath shall be administered by

the Commissioner.

The accounts of the office of the Commissioner shall be Audit.

audited by the Auditor General, and the Financial Administration and Cap. 174.

Audit Act shall apply.

FUNCTIONS

(1)

The Commissioner shall have the following

functions

(a)

to examine, and if necessary verify, such

declarations relating to income or assets or other interest or

benefits of whatever nature of persons to whom this Act applies

who are under a duty to file such declarations as may be

provided under this or any other law and to make

recommendations in the form of guidelines which the

Commissioner considers appropriate and proportionate also with

regard to any person who fails to make any declaration as

aforesaid or who makes an incorrect declaration in a manner

which materially distorts the purpose of the declaration;

(b) to investigate on his initiative or on the written

allegation of any person any matter alleged to be in breach of

any statutory or any ethical duty of any person to whom this Act

applies

Provided that a person making an allegation in terms

of this paragraph shall not be required to show any personal

interest in support of his allegation;

(c)

to give recommendations, when requested by a

person to whom this Act applies, on whether an action or

conduct intended by him falls to be prohibited by the applicable

Code of Ethics or by any other particular statutory or ethical

duty, and no liability shall attach for any breach of the

applicable Code of Ethics or any other statutory or ethical duty

where a person has acted in conformity with any such

recommendations;

(d) to scrutinize the register with all details of absentee

members of parliament held by the Speaker of the House;

(e)

to ensure that every month, the administrative

penalty due by every member of Parliament as provided in

Standing Order 159 is calculated, after having identified those

members of Parliament that have been absent throughout the

whole session without permission of absence. The

Commissioner is to inform in writing every member owing an

administrative penalty the amount due and reasons for such

penalty;

(f)

to identify those activities which are to be

considered as lobbying activities, to issue guidelines for those

activities and to make such recommendations as he deems

appropriate in respect of the regulation of such activities;

(g) (i) to make recommendations for the improvement

of any Code of Ethics applicable to persons who are subject to

this Act and in particular but without prejudice to the generality

of the foregoing, to make recommendations on the acceptance

of gifts, the misuse of public resources, the misuse of

confidential information, and on limitations on employment or

other activities after a person ceases to hold office as a Minister,

a Parliamentary Secretary or a member of the House of

Representatives;

(ii) to ensure that any recommendations made give due

account to the need for any measures, guidelines or rules

intended to ensure high standards in public life according to this

Act are easily accessible and comprehensible to the general

public.

(2) For the purpose of this article ‘ethical duty’ includes the

obligation to observe the applicable Code of Ethics.

(3) The Commissioner shall not proceed to investigate any

allegation on a matter about which proceedings are pending before a

court or before a tribunal established by law, and shall suspend an

investigation if any interested person files a demand before a court or

tribunal as aforesaid about the matter under investigation, or if the

Court of Magistrates holds an inquest about such matter, or if the

Commissioner of Police shall have commenced an investigation about

the same matter.

(4) In the execution of his duties, the Commissioner shall not

prejudice the performance of any duty assigned or prerogative given

by the Constitution to any person, authority or holder of a political

office and in particular, but without prejudice to the generality of the

aforesaid, he shall not prejudice the powers and prerogatives of the

Prime Minister in respect of the Cabinet.

(5) In the exercise of his functions the Commissioner shall not

be subject to the direction or control of any other person or authority.

(1) Nothing in this Act shall permit the Commissioner Time limit for

to investigate an allegation on an act which occurred prior to the date allegations.

on which this Act comes into force.

(2) A complaint under this Act shall not be entertained unless it

is made not later than thirty working days from the day on which the

complainant had knowledge of the fact giving rise to the complaint or

than one year from when the fact giving rise to the complaint happened,

whichever date is the earliest.

(1) Without prejudice to the provisions of sub-article (4)

of article 13, the House of Representatives may, by resolution from

time to time if it thinks fit, make general rules for the guidance of the

Commissioner, in the exercise of his functions under this Act, and

may at any time in like manner revoke or vary any such rules.

(2) All rules made under this article shall be made by, and

published as, subsidiary legislation made under this Act.

Every allegation to the Commissioner shall be made in

writing or orally. An allegation made orally shall be put in writing as

soon as practical, but in any event not later than ten days

Provided that an anonymous allegation shall not be entertained.

(1) If upon an allegation, or in the course of an

investigation of an allegation, it appears to the Commissioner that,

having regard to all the circumstances of the case, any investigation,

or further investigation is unnecessary, he may refuse to investigate,

or investigate further any such allegation.

(2) Without limiting the generality of the powers conferred on

the Commissioner by this Act, the Commissioner may in his

discretion decide not to investigate, or, as the case may require, not to

investigate further an allegation if in his opinion -

(a)

the subject-matter of the allegation is trivial; or

(b) the allegation is frivolous or vexatious or is not

made in good faith.

(3) In any case where the Commissioner decides not to

investigate or make further investigation of an allegation he shall

inform in writing the person making the allegation of that decision,

and shall state his reasons therefore.

PROCEEDINGS

(1) Every investigation by the Commissioner under this

Act shall be conducted in camera.

(2) The Commissioner may hear or obtain information from

such persons as he thinks fit, and may make such enquiries as he

thinks fit.

(3) The Commissioner shall not make any finding or

recommendation about a person being investigated without having

granted such person access to all evidence and having afforded to that

person a right to be heard in accordance with the principles of fair trial.

(4) If, during or after any investigation, the Commissioner is

of the opinion that there is substantial evidence of any significant

breach of duty or misconduct on the part of any person to whom this

Act applies, he shall refer the matter to the appropriate authority

including the Police

Provided that the Commissioner shall suspend his

investigation during the time when the matter stands referred as

aforesaid but shall, without prejudice to the independence of the police

investigation, be entitled to demand information from the

Commissioner of Police about the progress of such investigation and

about the date envisaged for the conclusion of the investigation.

(5) Any person to whom this Act applies has a duty to

cooperate, at all stages, with an investigation under this Act.

(6) Subject to the provisions of this Act and of any rules made

thereunder, the Commissioner may regulate his procedure in such

manner as he thinks fit.

(1) Without prejudice to the provisions of this article and Evidence.

of article 20 and except where and insofar as any law regulating

procedures before a court of law may apply, the Commissioner may

from time to time require any person who in his opinion may give

information related to a matter under investigation by the

Commissioner, to give that information and to produce documents,

files or things which in the opinion of the Commissioner are related to

the matter aforesaid and which may be in the possession or control of

that person.

(2) The Commissioner shall have power to -

(a)

summon witnesses;

(b) administer an oath to any witness and to any person

concerned in the investigation,

and require them to give evidence and to produce documents in their

possession or under their custody in such circumstances and in the

same manner as they could be required to give evidence or produce

documents before a court of law.

(3) Summonses for attendance of witnesses may be in the form

set out in the Third Schedule to this Act or in such other form as may

be appropriate to the case, and shall be signed by the Commissioner.

(4) A summons may be served either by hand or through the

post. In any case additional service may also be made by electronic

means by sending the summons to the official electronic address of the

person summoned. When a summons is notified by hand it shall be

served either personally to the person summoned or at the place of

residence, of work or of business of the person summoned and it shall

be proved by the signature of the recipient who may not be a person

under the age of sixteen years. When a summons is served through the

post it must be proved that it was properly addressed and that it was

sent by registered post and that it arrived at the place to which it was

addressed.

(5) Any person summoned as aforesaid who refuses, or

without sufficient cause fails, to attend at the time and place

mentioned in the summons, or refuses, without sufficient cause to

answer or to answer fully and satisfactorily, to the best of his

knowledge and belief all questions put to him by the Commissioner,

or refuses or fails, without sufficient cause, to produce any document

he was required to produce by the Commissioner shall be guilty of

contempt of the Commissioner and shall be liable to an administrative

penalty, after being given the opportunity to be heard, which may be

imposed by the Commissioner of not less than fifty euro (€50) and of

not more than two thousand and five hundred euro (€2,500). The said

administrative penalty shall be enforceable as a civil debt in favour of

the Commissioner

Provided that, without prejudice to the generality of the

provisions of sub-article (2), no person giving evidence before the

Commissioner may be compelled to answer any question which tends

to expose him to any criminal prosecution, and every such person

shall, in respect of any evidence given by him before the

Commissioner, be entitled to the same privileges to which a witness

giving evidence before a court of law is entitled.

(6) The provisions of articles 104, 105, 107, 108 and 109 of

the Criminal Code shall mutatis mutandis apply to the person to be

heard by the Commissioner, as the case may be, where the person to

be heard does not testify to the truth; for this purpose the proceedings

before the Commissioner shall be deemed to be proceedings taking

place before a court and the person to be heard shall be deemed to be

a person testifying in those proceedings. For the purpose of

determining the applicable punishment as may be necessary in

proceedings for perjury under this sub-article the allegation being

inquired into or adjudicated by the Commissioner shall be deemed to

be liable to the punishment to which it would have been liable had the

same fact taken place before a court of law.

(7) Where the Commissioner considers that any person

summoned to give evidence before him or who without having been

summoned voluntarily gives evidence before him, may have committed

a criminal offence provided for under this Act or related to proceedings

under this Act he shall refer the matter to the Commissioner of Police

for further investigation and warranted action.

(1) Where the Prime Minister certifies that the giving of Exemptions

any information or the answering of any question or the production of from disclosure.

any thing, paper or other document -

(a)

affects the security or defence of Malta or relations

or dealings between the Government of Malta and any other

Government or any international organisation of States or

Governments; or

(b)

is likely to damage seriously the national economy;

or

(c)

involves the disclosure of the deliberations or

proceedings of Cabinet or any committee of Cabinet; or

(d)

prejudices the investigation or detection of offences,

the Commissioner shall not require the information or answer to be

given or, as the case may be, the thing, paper or other document to be

produced.

(2) Without prejudice to the provisions of sub-article (1), any

law which authorizes or requires the withholding of any document,

thing or file, or the refusal to answer any question, on the ground that

the disclosure of the document, thing or file or the answer to a question

will prejudice the public interest, shall be observed during an

investigation or proceedings before the Commissioner.

(1) Information obtained by the Commissioner and by Secrecy of

every person holding any office, appointment or designation under information.

the Commissioner, in the course of or for the purpose of an

investigation under this Act, shall not be disclosed except for the

purposes of the investigation and of any report to be made thereon

under this Act, or for the purpose of any proceedings relating to an

offence under this Act, and the Commissioner and members of his

staff shall not be called upon to give evidence in any proceedings,

other than such as aforesaid, of matters coming to their knowledge in

the course of an investigation under this Act.

(2) The provisions of article 133 of the Criminal Code shall

apply to, and in relation to, the Commissioner and his staff as they

apply to or in relation to a public officer or servant referred to in

article 133 of the Criminal Code.

PROCEDURE AFTER INVESTIGATION

(1) The provisions of this article shall apply in every

case where, after making any investigation under this Act, the

Commissioner is of the opinion that the allegation forming the

subject-matter of the investigation -

(a)

appears prima facie to have been contrary to law; or

(b) was prima facie in breach of any statutory or any

ethical duty as provided under this or any other law.

(2) The provisions of this article shall also apply in any case

where the Commissioner is of the opinion that in the conduct

constituting the subject-matter of the allegation, a discretionary

power has been exercised in a manner that constitutes abuse of power.

(3) If in any case to which this article applies the

Commissioner is of the opinion -

(a)

that the matter should be referred to the appropriate

authority for further consideration; or

(b) that any practice or conduct is in breach of any

statutory or ethical duty or that such practice or conduct should

be altered; or

(c)

that any other steps should be taken,

the Commissioner shall report his opinion and the reasons therefor in

writing to the Committee and he may also make such recommendations

as he deems appropriate.

(4) If within a reasonable time, which shall not exceed three

months, after the report is made no action is taken which seems to the

Commissioner to be adequate and appropriate, the Commissioner, in

his discretion, may send a copy of the report and recommendations to

the Speaker who shall lay a copy thereof on the Table of the House.

(5) Where the Commissioner finds that a breach of the Code of

Ethics or of any statutory or ethical duty is not of a serious nature, he

may grant the person investigated a time limit within which to

remedy such breach.

(6) Where from the investigation it appears prima facie that a

criminal offence or a corrupt practice has been committed, the

Commissioner shall refer his findings to the Commissioner of Police

or the Permanent Commission Against Corruption, as the case may

be, and shall immediately inform the Chairman of the Committee.

(1) No proceedings, civil or criminal, shall lie against Privileged

the Commissioner or against any member of his staff for anything he proceedings.

may do or report or say in the course of the exercise or intended

exercise of his functions under this Act unless it is shown that he

acted in bad faith.

(2) The Commissioner and such persons as aforesaid, shall not

be called to give evidence in any court, or in any proceedings of a

judicial nature, in respect of anything coming to his knowledge in the

exercise of his functions under this Act.

(3) Anything said or any information supplied or any

document, paper or thing produced by any person in the course of any

inquiry by or proceedings before the Commissioner under this Act

shall be privileged in the same manner as if the inquiry or

proceedings were proceedings in a court of law.

(1) The Commissioner shall conclude his investigation Conclusion of

investigation.

within six months of having received the allegation.

(2) Where the investigation is not concluded within six months

of having received the allegation, the Commissioner shall draw up a

report stating the reason for the delay, and this report shall be

transmitted by the Commissioner to the Chairman of the Committee

not later than seven working days from the lapse of the six months.

(3) Every six months after the first report shall have been

drawn up, the Commissioner shall draw up another report stating

again the reason for the delay, and every such subsequent report shall

be transmitted by the Commissioner to the Chairman of the

Committee not later than seven working days from the lapse of the

said six month period.

The Commissioner shall at least annually or as frequently Reports.

as he may deem expedient report to the House of Representatives on

the performance of his functions under this Act. Each such report

shall be submitted to the Speaker of the House of Representatives and

the Speaker shall lay each such report before the House of

Representatives at the first available opportunity.

PART II

COMMITTEE FOR STANDARDS IN PUBLIC LIFE

(1) There shall be a Committee which shall be a

Standing Committee of the House of Representatives, which shall

consist of

(a)

the Speaker of the House of Representatives as

Chairman;

(b) two members nominated by the Prime Minister and

two members nominated by the Leader of the Opposition.

(2) The Speaker shall not have an original vote, but shall have

a casting vote in cases of equality of votes.

(1) The Commissioner shall send his reports, drawn up

under article 22, to the Committee.

(2) Without prejudice to the provisions of article 13(4), the

Committee shall oversee and scrutinise the work of the

Commissioner, for the purpose of ensuring that the Commissioner is

fulfilling his duties and operating efficiently, and shall examine any

reports it receives from the Commissioner.

(3) The Committee shall decide whether to adopt the

conclusions and any recommendations contained in the said reports.

(4) Where the Committee deems that it cannot adopt a report

of the Commissioner, it may either decide to reject the said report or

decide that the allegation needs to be investigated further, in which

case it may, with the assistance of the Commissioner, conduct such

additional investigations and hear further evidence on the matter of

the allegation. For this purpose the Committee shall have the powers

granted to the Commissioner under article 19.

(5) The Committee may also request the Commissioner to

explain any aspect of the report or to carry out further investigations.

(6) If the Committee decides to reject the Commissioner’s

conclusions, it shall give reasons for its decision.

Where the Committee finds that there has been a breach of

the Code of Ethics or of any statutory or ethical duty it may, after

granting the person concerned the right to make submissions, decide

on any one or more of the following sanctions

(a)

admonish the person investigated;

(b) recommend that the matter be reported to the

Commissioner of Police or the Permanent Commission Against

Corruption, as the case may be, for further investigation;

(c)

in the case where the person investigated is an

employee, it may direct Government or any entity or statutory

body, to take all necessary measures in accordance with the said

person’s conditions of employment, with a view to remedy the

breach;

(d) in the case of a member of the House of

Representatives -

(i) recommend that the said House should direct

the member to rectify any breach;

(ii) demand an apology in writing to be made to the

Committee;

(iii) demand an apology by way of a personal

statement on the floor of the House;

(iv) demand the repayment of or payment for

resources improperly used;

(v) recommend that the House of Representatives

takes any other measure it may deem fit;

(e)

in any case, it may recommend that the House of

Representatives directs the person being investigated to rectify

the breach.

The Minister may make regulations to implement and to Regulations.

give better effect to the provisions of this Act and without prejudice

to the generality of the foregoing may, by such regulations, prescribe

anything that is to be or which may be prescribed and provide for any

matter consequential, incidental to or connected with the provisions

of this Act.