ACT No. XLVI of 2020 AN ACT to amend various laws aimed at reforming the procedure by which appointments to the Permanent Commission Against Corruption are made.

I assent.

(L.S.)

GEORGE VELLA

President

7th August, 2020

ACT No. XLVI of 2020

AN ACT to amend various laws aimed at reforming the procedure

by which appointments to the Permanent Commission Against

Corruption are made.

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 Permanent Commission

Against Corruption (Amendment) Act, 2020 and this Act shall be read

and construed as one with the Permanent Commission Against

Corruption Act, hereinafter referred to as "the principal Act".

Article 3 of the principal Act shall be amended as follows

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) There shall be a Commission, to be known as

the Permanent Commission Against Corruption, which

shall consist of a Chairman and two other members. The

members of the Commission shall be appointed by the

President of Malta who, in appointing the Chairman shall

act with a Resolution of the House supported by the votes

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

in appointing one of the two other members shall act in

accordance with the advice of the Prime Minister and in

appointing the other member shall act in accordance with

the advice of the Leader of the Opposition

Provided that notwithstanding the provisions of

article 3(4)(a), 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 Chairman 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.";

(b) in sub-article (5) thereof, the words "by the President

of Malta, acting in accordance with the advice of the Prime

Minister," shall be substituted by the words "by the President of

Malta, acting in accordance with the advice of the Cabinet of

Ministers,";

(c) in sub-article (6) thereof, the words, "the President of

Malta acting in accordance with the advice of the Prime

Minister," shall be substituted by the words "the President of

Malta acting in accordance with the advice of the Cabinet of

Ministers,"; and

(d) in sub-article (7) thereof, the words "appointed by the

President of Malta acting in accordance with the advice of the

Prime Minister, given after he has consulted the Leader of the

Opposition," shall be substituted by the words "appointed by the

President of Malta acting in accordance with the advice of the

Cabinet of Ministers, given after consulting the Leader of the

Opposition,".

In paragraph (a) of sub-article (1) of article 6 of the principal Amendment of

Act, immediately after the numbers "118, 120, 121" there shall be article

principal Act.

added the numbers ", 121A, 121B".

In paragraph (a) of article 11 of the principal Act, the words Amendment of

"to the Minister responsible for justice;" shall be substituted by the article

principal Act.

words "to the Minister responsible for justice:" and immediately

thereafter the following proviso shall be added

"Provided that if in the opinion of the Commission, the

conduct investigated is corrupt or connected with or conducive to

corrupt practices, the report of the results of the investigation shall be

transmitted to the Attorney General.".

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

€0.36