HOUSE OF REPRESENTATIVES (PRIVILEGES AND POWERS) ORDINANCE (privilegesandpowers)

HOUS E O F R E P R E S E NTAT IV E S ( PRIVILEG ES AN D PO WERS) [CAP. 113.

CHAPTER 113

HOUSE OF REPRESENTATIVES

(PRIVILEGES AND POWERS) ORDINANCE

To establish the privileges of the House of Representatives, to give the

House of Representatives certain powers and to provide for other matters

connected therewith.

(15th October 1942) *

ORDINANCE XX of 1942, as amended by Ordinance VI of 1959; Acts

XIII of 1974, XXII of 1976, IV and XIII of 1983 and XI of 1995; and Legal

Notice 409 of 2007.

The short title of this Ordinance is the House of

Representatives (Privileges and Powers) Ordinance.

(Article 16)

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. 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

HOUS E O F R E P R E S E NTAT IV E S ( PRIVILEG ES AN D PO WERS) [CAP. 113.

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. 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

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

identity of his employer;

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;

shares in commercial companies investments including

money deposited in banks and any other form of

pecuniary interest;

directorships or other official positions in commercial

companies, associations, boards, co-operatives or

other groups, even if voluntary associations;

a member of the House of Representatives, 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;

a Member of the House of Representatives, shall not

accept gifts from persons, groups or companies that

had any direct or indirect intent in legislation before

the House of Representatives;

a Member of the House of Representatives 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;

a Member of the House of Representatives, 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;

a Member of the House of Representatives is expected

to report to the Speaker and to the competent

authorities any attempt at corruption, pressure or

CAP. 113.] H O U S E O F R E P R E S EN TATIVES (PRIVILEG ES AN D PO WERS)

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.

No civil or criminal proceedings may be instituted against

any member of the House of Representatives (hereinafter referred

to as "the House") for words spoken before, or written in a report to

the House or to a Committee thereof whether a Committee of the

whole House or a Select Committee, or by reason of any matter or

thing brought by him therein by petition, bill, resolution, motion or

otherwise.

(1) For the duration of the session members of the House

shall enjoy freedom from arrest for civil debt provided this be not

fraudulent or otherwise in contravention of the Criminal Code.

(2) The privileges established by this Ordinance shall be in

addition to and not in derogation of any other privilege established

under the provisions of any other law now in force.

(1) The House shall have power to order the attendance of

witnesses and experts before it to give evidence or an opinion on

any matter relating to or connected with the Government of Malta,

or on any matter regarding which the House considers it in the

public interest to have information.

(2) Articles 566, 588, 589, 590(1) and 590(2) (so far as it refers

to the discovery of naval, military and air force matters) of the

Code of Organization and Civil Procedure shall apply to witnesses

or experts giving evidence or an opinion before the House.

(3) The House may administer an oath or an affirmation where

an affirmation would be admitted in a court of justice as provided

in article 111 of the Code of Organization and Civil Procedure to all

persons examined before it as aforesaid.

(4) Any such oath or affirmation shall be administered by the

Clerk of the House.

*See Government Notice No. 544 of 19th October, 1942.

CAP. 113.] H O U S E O F R E P R E S EN TATIVES (PRIVILEG ES AN D PO WERS)

(1) Witnesses and experts shall be ordered to attend by

means of a warrant issued by order of the House signed by the

Clerk thereof.

(2) The warrant may contain such directions as regards the

production of documents, books, papers or other objects as the

House considers necessary in each particular case

Provided that no person shall be bound to produce

documents the production of which may not be demanded under the

provisions of article 637 of the Code of Organization and Civil

Procedure.

(3) A copy of such warrant shall be served by a messenger of

the House or by a Police officer on the witness or expert either by

the delivery thereof to him or by the leaving thereof with any

member of his household, not being a minor, at his usual place of

abode, at least twenty-four hours before the time at which he is to

attend before the House.

(4) The officer effecting service shall in every case draw up a

certificate showing on whom and how service was effected.

Whenever a witness or an expert is for any just cause

unable to attend before the House, or whenever the House deems it

fit that the evidence or opinion of a witness or of an expert be taken

in a place other than the Chamber of the House, the House may

appoint a person or persons, under such conditions or directions as

in each particular case it may consider necessary or expedient, to

receive, on behalf of the House, the evidence or opinion required.

Such person or one of such persons shall be vested by the House

with the power to administer the oath or affirmation.

The House may delegate its power in respect of the

examination of witnesses and experts, but not in respect of the

infliction of punishment, to the Standing Committee on Privileges

mentioned in the Standing Order of the House 120D.

(1) A person who, having been duly served with a copy of

the warrant as prescribed in article 5, fails, without lawful excuse,

to appear before the House, or having appeared before the House

refuses to be sworn or to make answer to such questions as

according to the provisions of this Ordinance may be put to him

touching the matter in question, or to produce and show to the

House any documents, books, papers or other objects being in his

possession or under his control which he has been required by the

House and is bound to produce, or to comply with any other

direction of the House, shall be guilty of contempt of the House and

shall be liable to the penalties prescribed in article 11.

(2) A person who fails to attend before the House when so

required as aforesaid may be compelled to attend by warrant of

arrest issued by order of the House, signed by the Clerk thereof and

executed by the Police.

HOUS E O F R E P R E S E NTAT IV E S ( PRIVILEG ES AN D PO WERS) [CAP. 113.

An oath or affirmation taken or made by a witness or by an

expert before the House of Representatives or any Committee

thereof shall for the purposes of the Criminal Code be comparable

to an oath or affirmation taken or made before a court in civil

matters.

Articles 4, 5 and 6 and Schedules A and C of the Witnesses

(Fees) Ordinance shall apply to witnesses and to experts summoned

under article 4(1) and experts so summoned shall for the purposes

of the said Schedule A be deemed to be witnesses called to give

evidence on scientific matters.

(1) Where it appears prima facie to the Speaker that a

person, whether a Member of the House or not, has committed any

of the acts referred to in subarticle (4), he shall, refer the matter to

a committee set up in accordance with article 7 and to be styled

Committee of Privileges. The term "prima facie" shall mean that a

complaint raised alleges a breach of a rule set out in this Ordinance

or in the Standing Orders of the House of Representatives or any

resolution approved by the House of Representatives in relation to

the acts referred to in the said subarticle (4), and shall in no case

mean or imply an expression of guilt or innocence.

(2) The Committee shall be delegated with powers to examine

the evidence contained in article 6 with respect to the examination

of witnesses and experts, documents or reports and the chairman

shall be empowered to administer the oath or affirmation in

accordance with article 7.

(3) The Committee shall, after having made such examinations

as it deems fit and, where possible, after hearing the person

allegedly committing the acts, report to the House recommending

that

(a) the House authorizes the Speaker to order the

executive police to bring the person who allegedly has

committed such acts before the Court of Magistrates

(Malta), which shall have jurisdiction accordingly; and

that Court shall have no such jurisdiction unless an

order as aforesaid has been made by the Speaker; or

(b) the House resolves that the acts so committed would

be adequately punished with an admonition, and in

such case such person shall be admonished by the

Speaker.

(4) The following shall constitute offences against this

Ordinance, that is to say:-

(a) any act or contempt of the authority of the House by

words or gestures committed by any witness or by any

other person in the presence of the House or of a

Committee of the House;

(b) any insult or disrespect to the person of the person

presiding the meeting of the House or any of its

committees and any insult or disrespect to a Member

of the House even if such Member be not present at the

time of the insult or disrespect, when in either case the

CAP. 113.] H O U S E O F R E P R E S EN TATIVES (PRIVILEG ES AN D PO WERS)

insult or disrespect is proffered or committed in the

presence of the House or any of its committees when

sitting;

(c)

any infringement of any regulations, order, or

directions made or given by the House relating to the

admission of strangers to the Chamber of the House

and their behaviour therein;

(d)

any assault upon, obstruction or insult of a Member

while on his way to or from the House or on account of

his conduct in the House, or any endeavour to compel

a Member by force, insult or menace to declare

himself in favour of or against any proposition or

matter pending or expected to be brought before the

House;

(e)

the sending to a Member of the House of any

threatening letter respecting his conduct in the House;

(f)

any assault upon, interference with, or resistance to an

officer of the House while in the act of performing, or

on account of having performed his duty;

(g)

the creation of or participation in any disturbance in

the House or in the vicinity of, or within the precincts

of the Chamber of the House while the House is

sitting, whereby the proceedings of the House are or

are likely to be interrupted;

(h)

any tampering with, deterring, threatening, beguiling

or in any way unduly influencing any witness in regard

to evidence to be given by him before the House or any

Committee thereof;

(i)

the presenting to the House or to any Committee

thereof of any false, untrue, fabricated or falsified

document with intent to deceive the House or that

Committee;

(j)

the publication of any defamatory libel on the Speaker

or any Member touching anything done or said by him

as Speaker or as a Member in the House or in a

Committee thereof;

(k)

the wilful or reckless publication of any false or

perverted report of any debate or proceedings of the

House or a Committee thereof.

(5) Without prejudice to any higher punishment laid down in

the provisions of any other law, any person who commits any of

these acts referred to in subarticle (4), shall be guilty of an offence

against this Ordinance and shall on conviction, be liable to the

punishment of admonition or to imprisonment for a term not

exceeding six months or to a fine (multa) of not more than one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) or to both such fine and imprisonment.

(6)

For the purposes of this article

"publication" means any act whereby any printed matter is or

HOUS E O F R E P R E S E NTAT IV E S ( PRIVILEG ES AN D PO WERS) [CAP. 113.

may be communicated, to or brought to the knowledge of any

person or whereby any words or visual images are broadcast; and

"broadcast" means the broadcast of words or of visual images by

means of wireless telegraphy or wire or both, whether or not such

words or images are in fact received by any person.

(7) A person shall be deemed guilty of the acts mentioned in

article (4)(j) and (k) if the publication referred to in article (4)(j)

and (k) consists in the publication of such defamatory libel, false or

perverted report, in printed form in Malta, or in the distribution in

Malta of such printed matter containing such defamatory libel,

false or perverted report from whatsoever place such printed matter

may originate, or in any broadcast from any place in Malta or any

place outside Malta of any such defamatory libel, false or perverted

report.

(8) In the case of a person guilty of an act mentioned in article

(4)(j), the court may in addition to the punishments established in

subarticle (3), order in the case of a newspaper that in a subsequent

issue thereof, not later than the next but one, and in the case of a

broadcasting medium that on the day immediately following that on

which the order is given, the judgement whereby the accused is

found guilty of such act, be published or broadcast as the case may

be, free of charge in the same language in which the offence was

committed; and if at the time such judgement or immediately

thereafter the newspaper has ceased publication or the broadcasting

medium has ceased to operate, or in the case of any other

publication, the court may in the order or in a subsequent order,

order that the judgement be published or broadcast at the expense

of the person so found guilty in another newspaper or on another

medium within a period not exceeding one month.

(9) In the case of persons found guilty of an act mentioned in

article (4)(k), the court may in addition to the punishments

established in subarticle (5) order that the offender publish, at such

date and time as the court may establish, free of charge, in the same

newspaper or on the same broadcasting medium as the case may be,

a statement by way of contradiction or explanation.

(10) Default of compliance with an order made under subarticles

(8) and (9) shall be deemed to constitute an offence against this

Ordinance and subject to the same penalties as provided in

subarticle (5).

(11) Any person who is an accomplice in any of the acts

mentioned in article (4)(a) to (k) shall be deemed to be guilty of the

same acts and shall be liable to the penalties laid down in the said

subarticle.

(12) Notwithstanding the foregoing provisions of this article, the

House may punish with an admonition any person who in the

presence of the House commits any act of indiscipline and may

order that such person shall not be allowed to attend meetings of

the House as a stranger for such period as the House may

determine, being a period not beyond the last day of the session of

the House in which such order shall have been given.

CAP. 113.] H O U S E O F R E P R E S EN TATIVES (PRIVILEG ES AN D PO WERS)

(13) The provisions of this article shall be without prejudice to

the provisions of any standing orders or resolutions which the

House of Representatives may from time to time make to regulate

the conduct of its members and order during its proceedings.

No person shall be liable in damages or otherwise

howsoever for any act done under the authority of the House and

within its legal power or under or by virtue of any warrant issued

under such authority.

13. Repealed by XI. 1995.4.

14. Repealed by XI.1995.4.

Imħassar bl-Att XI.1995.4.

Imħassar bl-Att XI.1995.4.

The powers and the privileges herein conferred on the

House and on the Speaker of the House are conferred equally on the

Committees of the House, whether they be Committees of the

whole House or Select Committees, and on the Chairman thereof.

(1) The House of Representatives may, by resolution,

adopt a Code of Ethics to regulate the conduct of its members and it

shall be the duty of all members of the House to adhere by any

Code of Ethics in force.

(2) Until such time as the House of Representatives shall by

resolution adopt a Code of Ethics by resolution in accordance with

subarticle (1), the Code of Ethics contained in the Schedule to this

Ordinance shall be deemed to be a code of ethics adopted by a

resolution of the House in accordance with subarticle (1) and may

be amended or substituted accordingly.