ACT No. XLII of 2020 A N A C T t o a m e n d l a w s w h i ch re g u l a t e t h e O f f i c e o f t h e Ombudsman.

I assent.

(L.S.)

GEORGE VELLA

President

7th August, 2020

ACT No. XLII of 2020

A N A C T t o a m e n d l a w s w h i ch re g u l a t e t h e O f f i c e o f t h e

Ombudsman.

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:-

The short title of this Act is the Various Laws relating to the Short title.

Office of the Ombudsman Act, 2020.

PART I

Amendments to the Constitution of Malta

This Part amends the Constitution of Malta and it shall be Amendments to

read and construed as one with the Constitution of Malta, hereinafter the

of Malta.

in this Part referred to as "the Constitution".

Article 64A of the Constitution shall be amended as follows

Amendment of

article 64A of

the Constitution.

(a) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The Ombudsman shall be appointed by the

President acting in accordance with a resolution of the

House supported by the votes of not less than two-thirds of

all the members of the House

Provided that notwithstanding the provisions of

any other law, if the Resolution is not supported by the votes

of not less than two-thirds of all the members of the House,

the person occupying the office of the Ombudsman shall, in

any circumstance, remain in office until the Resolution is

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

members of the House

Provided further that when a person who is not a

member of the House is elected to be Speaker of the House,

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

purpose of establishing the majority required by this

article."; and

(b) immediately after sub-article (2) thereof there shall

be added the following new sub-articles

"(3) The Ombudsman may at any time be removed

or suspended from his office by the President, upon an

address from the House 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 sub-

article (2) shall also apply for the purpose of establishing

the majority required under this sub-article

Provided that at any time when Parliament is

not in session, an Ombudsman may be suspended from his

office by the President 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; but any such suspension shall not continue in

force beyond two months after the beginning of the next

ensuing session of Parliament.

(4) Subject to the provisions of this sub-article and

without prejudice to sub-article (1), the Ombudsman may

conduct any such investigation on his initiative or on the

written complaint of any person having an interest who

claims to have been aggrieved by any action as aforesaid,

or where the person aggrieved has died or is for any reason

unable to act for himself, of his heir or representative

Provided that any Committee of the House may

at any time refer to the Ombudsman any petition that is

before that Committee for consideration, or any matter to

which the petition relates. In any such case the

Ombudsman shall, subject to any special directions of the

Committee, investigate the matters so referred, so far as

they are within his jurisdiction and make such report to the

Committee if he thinks fit

Provided further that the Prime Minister may at

any time refer to the Ombudsman for investigation and

report any matter, other than a matter which is subject to

judicial proceeding, which the Prime Minister considers

should be investigated by the Ombudsman. Where,

pursuant to this proviso, a matter is investigated by the

Ombudsman, he shall report thereon to the Prime Minister,

and may thereafter make such report to Parliament on the

matter as he thinks fit

Provided further that in the exercise of his

functions, the Ombudsman shall not be subject to the

direction or control of any other person or authority

Provided further that if during or after any

investigation the Ombudsman is of the opinion that there is

evidence of any corrupt practice as defined in the

Permanent Commission Against Corruption Act, the

Ombudsman may refer his findings directly to the Attorney Cap. 326.

General.

(5) Any matter ancillary or incidental thereto or considered

necessary or expedient for the carrying out of the function referred to

in sub-article (1) shall be provided for by an Act of Parliament.".

PART II

Amendments to the Ombudsman Act

This Part amends the Ombudsman Act and it shall be read and Amendments to

construed as one with the Ombudsman Act, hereinafter in this Part the

Act.

referred to as "the principal Act".

In article 18 of the principal Act, sub-article (6) shall be Amendment of

renumbered as sub-article (7) and immediately after sub-article (5) article

principal Act.

there shall be added the following new sub-article

"(6) If during or after any investigation the Ombudsman is

of the opinion that there is evidence of any corrupt practice as

defined in the Permanent Commission Against Corruption

Act, the Ombudsman may refer his findings directly to the

Attorney General.".

In sub-article (1) of article 29 of the principal Act,

immediately after the words "at the first available opportunity." there

shall be added the words "The said report shall, as soon as possible, be

discussed during a dedicated parliamentary sitting.".

Passed by the House of Representatives at Sitting No. 366 of the

29th July, 2020.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

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