ACT No. XX of 2021 AN ACT to amend the Constitution of Malta and the General Elections Act to ensure de facto equality between men and women in politics.

I assent.

(L.S.)

GEORGE VELLA

President

20th April 2021

ACT No. XX of 2021

AN ACT to amend the Constitution of Malta and the General

Elections Act to ensure de facto equality between men and women in

politics.

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 Constitution of Malta and the

General Elections (Amendment) Act, 2021.

PART I

Amendments to the Constitution of Malta

This Part amends the Constitution of Malta and this Part shall

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

hereinafter in this Part referred to as "the Constitution".

Immediately after article 52 of the Constitution there shall be

the Constitution.

added the following new article

52A. (1) If at a general election which is contested by

two or more political parties and in which only candidates

of two parties are elected or in the eventuality of an

election result as provided for in sub-paragraphs (i) and (ii)

of the proviso to sub-article (1) of article 52 and in the

event that the number of Members of Parliament of the

under-represented sex, elected by virtue of article 52,

inclusive of those members elected at a casual election in

terms of the relevant regulations, is less than forty per cent

(40%) of all the Members of Parliament, then the number

of Members of Parliament shall increase by not more than

twelve (12) Members of the under-represented sex

Provided that the number of Members of

Parliament of the under-represented sex elected by virtue

of article 52 added to the members of the under-

represented sex elected by virtue of this article shall not

exceed forty per cent (40%) of the total number of elected

Members of Parliament making up the House.

The candidates elected by virtue of this article are to be

apportioned equally between the absolute majority party or

the relative majority party and the minority party.

(2) Such candidate or candidates belonging to the

under-represented sex and who are candidates of the party

or parties which shall be credited with the additional seats,

and which were credited by the Electoral Commission at the

last count with the highest or next higher number of votes

without being elected, irrespective of the division in which

such highest or next higher number of votes occur, shall be

declared by the Electoral Commission as elected to fill the

additional seats created by sub-article (1)

Provided that in the event that the number of

candidates established under this article is not reached,

following the application of the preceding sub-article, such

candidates belonging to the under-represented sex shall be

declared by the Electoral Commission to be elected to fill

the remaining additional seats created by this article who,

being candidates of the party which is to be credited with

the additional seats, were ranked on a national basis by the

Electoral Commission with the highest or next higher

number of percentage quota obtained on the basis of their

respective final count vote before elimination in relation to

the quota of the electoral division contested

Provided further that in the event that the number

of candidates established under this article is not reached

as foreseen in this sub-article, the seats thereafter

remaining vacant shall be filled by the co-option of a

Member or Members by the House and such Member or

Members shall be qualified to be elected as a Member of

the House as established under article 53, shall not be

subject to any disqualifications for membership of the

House as provided under article 54 and shall belong to the

under-represented sex.

(3) For the purpose of this article, elected and

unelected candidates who are identified as gender-neutral

persons in their official documentation, shall be counted

with the under-represented sex.

(4) This article shall remain in force until the expiry

of the period of twenty (20) years from the date of its

coming into force, unless revoked or re-enacted with or

without modification by means of an Act of Parliament

according to the provisions of this Constitution.".

In paragraph (b) of sub-article (2) of article 61A of the

Constitution, the words "the voters therein." shall be substituted by the

words "the voters therein:" and immediately thereafter there shall be

added the following new proviso

"Provided that this paragraph shall not apply for the

purpose of the first proviso of sub-article (2) of article 52A of the

Constitution.".

In paragraph (b) of sub-article (2) of article 66 of the

Constitution, for the words ''articles 51, 52, 56, 57, 60, 61 and 64A,''

there shall be substituted the words ''articles 51, 52, 52A, 56, 57, 60, 61

and 64A,".

PART II

Amendments to the General Elections Act

This Part amends the General Elections Act and it shall be

read and construed as one with the General Elections Act, hereinafter

in this Part referred to as "the principal Act".

In sub-article (2) of article 7 of the principal Act, the words

"eight members as Electoral Commissioners." shall be substituted by

the words "ten (10) members as Electoral Commissioners; such

members shall reflect equal representation between sexes, in any case

not having less than four (4) members of every sex.".

Immediately after the Annex to the Thirteenth Schedule to the Addition of new

principal Act, there shall be added the following new regulation

For the purpose of electing the additional

members,

if any, required in terms of article 52A of the

Constitution, the Commission shall

(a) establish the number of members elected

to the House by sex and determine the under-

represented sex as the sex with the lowest number of

members elected to the House;

(b) establish the percentage of seats attained

by the under-represented sex based on the number of

elected members of the under-represented sex elected

to the House as a proportion of the number of elected

members to the House by dividing the number of

elected members of the under-represented sex with

the number of elected members multiplied by

hundred; and

(c) in the event that the percentage of the

under-represented sex is below forty percent (40%),

the Commission shall assign up to a maximum of

twelve (12) additional seats by applying the following

equation

A = total number of seats attained by the

under- represented sex;

B = total number of members elected to the

House;

= additional seats created in terms of

article 52A of the Constitution;

0.40 = the denominator that represents the

total number of seats, including the

additional seats created in terms of article

52A of the Constitution.

Subject to the provisions of article 52(1) of

the Constitution, the number of additional

seats resulting from the application of the

equation shall be rounded down to the

nearest even integer to ensure that the

additional seats allocated to the under-

represented sex in terms of article 52A of the

Constitution shall be an even integer and the

elected members of the under-represented

sex elected to the House shall not exceed

forty percent (40%).".

Immediately after regulation 24 of the Thirteenth Schedule to

9. the principal Act, as added by clause 8, there shall be added the

following new Annex

"Annex to the Thirteenth Schedule

Art. 52A of the Constitution

Regulation 23A of the General Elections (Sorting of

Ballot Papers, Casual Elections, and Co-Opting)

Regulations 1991

Examples for calculating additional seats in terms of

article 52A of the Constitution

Examples in terms of sub-article (1) of article 52A of

the Constitution

Example A

The total number of seats attained by the under-

represented sex is nine (9) from a total of sixty-seven (67)

seats in the House.

The proportion of seats assigned to the under-

represented sex is thirteen point forty-three per cent

(13.43%). This percentage is below the forty per cent

(40%) threshold and so the provisions of article 52A of

the Constitution shall apply.

To establish the number of additional seats to be

assigned to the under-represented sex, the Commission

shall apply the following equation

9 + x = 0.40 (67 + x)

9 + x = 26.8 + 0.40x

x – 0.4x = 26.8 – 9

0.6x = 17.8

x = 29.67

The figure of 29.67 shall be rounded down to the

nearest even integer 28, to ensure that the total number of

seats does not exceed forty per cent (40%). However,

given that the maximum number of additional seats which

can be assigned is 12, the 28 are to be reduced to 12.

Example B

The Total number of seats attained by the under-

represented sex is twenty-three (23) from a total of sixty-

nine (69) seats in the House.

The proportion of seats assigned to the under-

represented sex is thirty-three point thirty-three per cent

(33.33%). This percentage is below the 40% threshold

and so the provisions of article 52A of the Constitution

shall apply.

To establish the number of additional seats to be

assigned to the under-represented sex, the Commission

shall apply the following equation

23 + x = 0.40 (69+x)

23 + x = 27.6 + 0.40x

x – 0.4x = 27.6 – 23

0.6x = 4.6

x = 7.67.

The figure of 7.67 shall be rounded down to the nearest

even integer, hence adjusted to six (6) additional seats.".

10. Immediately after regulation 21 of the Thirteenth-A Schedule Addition of new

to the principal Act there shall be added the following new regulation: regulation

21A. For the purpose of electing the additional

members,

if any, required in terms of article 52A of the

terms of article

Constitution, the rules and regulations found in Part IV to

the Thirteenth Schedule shall be applied.".

Passed by the House of Representatives at Sitting No. 448 of the

14th April, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72

(1) If at a general election which is contested by

two or more political parties and in which only candidates

of two parties are elected or in the eventuality of an

election result as provided for in sub-paragraphs (i) and (ii)

of the proviso to sub-article (1) of article 52 and in the

event that the number of Members of Parliament of the

under-represented sex, elected by virtue of article 52,

inclusive of those members elected at a casual election in

terms of the relevant regulations, is less than forty per cent

(40%) of all the Members of Parliament, then the number

of Members of Parliament shall increase by not more than

twelve (12) Members of the under-represented sex

Provided that the number of Members of

Parliament of the under-represented sex elected by virtue

of article 52 added to the members of the under-

represented sex elected by virtue of this article shall not

exceed forty per cent (40%) of the total number of elected

Members of Parliament making up the House.

The candidates elected by virtue of this article are to be

apportioned equally between the absolute majority party or

the relative majority party and the minority party.

(2) Such candidate or candidates belonging to the

under-represented sex and who are candidates of the party

or parties which shall be credited with the additional seats,

and which were credited by the Electoral Commission at the

last count with the highest or next higher number of votes

without being elected, irrespective of the division in which

such highest or next higher number of votes occur, shall be

declared by the Electoral Commission as elected to fill the

additional seats created by sub-article (1)

Provided that in the event that the number of

candidates established under this article is not reached,

following the application of the preceding sub-article, such

candidates belonging to the under-represented sex shall be

declared by the Electoral Commission to be elected to fill

the remaining additional seats created by this article who,

being candidates of the party which is to be credited with

the additional seats, were ranked on a national basis by the

Electoral Commission with the highest or next higher

number of percentage quota obtained on the basis of their

respective final count vote before elimination in relation to

the quota of the electoral division contested

Provided further that in the event that the number

of candidates established under this article is not reached

as foreseen in this sub-article, the seats thereafter

remaining vacant shall be filled by the co-option of a

Member or Members by the House and such Member or

Members shall be qualified to be elected as a Member of

the House as established under article 53, shall not be

subject to any disqualifications for membership of the

House as provided under article 54 and shall belong to the

under-represented sex.

(3) For the purpose of this article, elected and

unelected candidates who are identified as gender-neutral

persons in their official documentation, shall be counted

with the under-represented sex.

(4) This article shall remain in force until the expiry

of the period of twenty (20) years from the date of its

coming into force, unless revoked or re-enacted with or

without modification by means of an Act of Parliament

according to the provisions of this Constitution.".

In paragraph (b) of sub-article (2) of article 61A of the

4. Constitution, the words "the voters therein." shall be substituted by the

words "the voters therein:" and immediately thereafter there shall be

added the following new proviso

"Provided that this paragraph shall not apply for the

purpose of the first proviso of sub-article (2) of article 52A of the

Constitution.".

In paragraph (b) of sub-article (2) of article 66 of the

5. Constitution, for the words ''articles 51, 52, 56, 57, 60, 61 and 64A,''

there shall be substituted the words ''articles 51, 52, 52A, 56, 57, 60, 61

and 64A,".

PART II

Amendments to the General Elections Act

This Part amends the General Elections Act and it shall be

6. read and construed as one with the General Elections Act, hereinafter

in this Part referred to as "the principal Act".

In sub-article (2) of article 7 of the principal Act, the words

7. "eight members as Electoral Commissioners." shall be substituted by

the words "ten (10) members as Electoral Commissioners; such

members shall reflect equal representation between sexes, in any case

not having less than four (4) members of every sex.".

Immediately after the Annex to the Thirteenth Schedule to the Addition of new

8. principal Act, there shall be added the following new regulation

24. For the purpose of electing the additional

members,

if any, required in terms of article 52A of the

Constitution, the Commission shall

(a) establish the number of members elected

to the House by sex and determine the under-

represented sex as the sex with the lowest number of

members elected to the House;

(b) establish the percentage of seats attained

by the under-represented sex based on the number of

elected members of the under-represented sex elected

to the House as a proportion of the number of elected

members to the House by dividing the number of

elected members of the under-represented sex with

the number of elected members multiplied by

hundred; and

(c) in the event that the percentage of the

under-represented sex is below forty percent (40%),

the Commission shall assign up to a maximum of

twelve (12) additional seats by applying the following

equation

A = total number of seats attained by the

under- represented sex;

B = total number of members elected to the

House;

= additional seats created in terms of

article 52A of the Constitution;

0.40 = the denominator that represents the

total number of seats, including the

additional seats created in terms of article

52A of the Constitution.

Subject to the provisions of article 52(1) of

the Constitution, the number of additional

seats resulting from the application of the

equation shall be rounded down to the

nearest even integer to ensure that the

additional seats allocated to the under-

represented sex in terms of article 52A of the

Constitution shall be an even integer and the

elected members of the under-represented

sex elected to the House shall not exceed

forty percent (40%).".

Immediately after regulation 24 of the Thirteenth Schedule to

9. the principal Act, as added by clause 8, there shall be added the

following new Annex

"Annex to the Thirteenth Schedule

Art. 52A of the Constitution

Regulation 23A of the General Elections (Sorting of

Ballot Papers, Casual Elections, and Co-Opting)

Regulations 1991

Examples for calculating additional seats in terms of

article 52A of the Constitution

Examples in terms of sub-article (1) of article 52A of

the Constitution

Example A

The total number of seats attained by the under-

represented sex is nine (9) from a total of sixty-seven (67)

seats in the House.

The proportion of seats assigned to the under-

represented sex is thirteen point forty-three per cent

(13.43%). This percentage is below the forty per cent

(40%) threshold and so the provisions of article 52A of

the Constitution shall apply.

To establish the number of additional seats to be

assigned to the under-represented sex, the Commission

shall apply the following equation

9 + x = 0.40 (67 + x)

9 + x = 26.8 + 0.40x

x – 0.4x = 26.8 – 9

0.6x = 17.8

x = 29.67

The figure of 29.67 shall be rounded down to the

nearest even integer 28, to ensure that the total number of

seats does not exceed forty per cent (40%). However,

given that the maximum number of additional seats which

can be assigned is 12, the 28 are to be reduced to 12.

Example B

The Total number of seats attained by the under-

represented sex is twenty-three (23) from a total of sixty-

nine (69) seats in the House.

The proportion of seats assigned to the under-

represented sex is thirty-three point thirty-three per cent

(33.33%). This percentage is below the 40% threshold

and so the provisions of article 52A of the Constitution

shall apply.

To establish the number of additional seats to be

assigned to the under-represented sex, the Commission

shall apply the following equation

23 + x = 0.40 (69+x)

23 + x = 27.6 + 0.40x

x – 0.4x = 27.6 – 23

0.6x = 4.6

x = 7.67.

The figure of 7.67 shall be rounded down to the nearest

even integer, hence adjusted to six (6) additional seats.".

10. Immediately after regulation 21 of the Thirteenth-A Schedule Addition of new

to the principal Act there shall be added the following new regulation: regulation

21A. For the purpose of electing the additional

members,

if any, required in terms of article 52A of the

terms of article

Constitution, the rules and regulations found in Part IV to

the Thirteenth Schedule shall be applied.".

Passed by the House of Representatives at Sitting No. 448 of the

14th April, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72