COUNCIL FOR MALTESE LIVING ABROAD ACT

CHAPTER 515

COUNCIL FOR MALTESE LIVING ABROAD ACT

To establish a Council for Maltese Living Abroad which shall have the

function of protecting and promoting the rights and interests of Maltese

living outside Malta, and to provide for matters connected therewith or

incidental thereto.

22nd July, 2012 *

ACT XX of 2011, as amended by Act XXIV of 2024.

The short title of this Act is the Council for Maltese Living

Abroad Act.

Substituted by

XXIV.2024.11.

[Article 5(1)(c)]

1. There shall be appointed two (2) overseas members, as defined under article

5(1)(c), from each of the following countries and, or geographic areas

(a)

the State of Victoria in the Commonwealth of Australia;

(b)

the State of New South Wales in the Commonwealth of Australia;

(c)

the United States of America;

(d)

Canada; and

(e)

Europe, but not resident in Malta.

2. There shall be appointed one (1) overseas member, as defined under article

5(1)(c), from each of the following countries and, or geographic areas

(a)

United Kingdom;

(b)

any geographic area in the Commonwealth of Australia not referred

to in item 1 of this Schedule, New Zealand or Oceania;

(c)

United Arab Emirates;

(d)

North Africa or the Republic of South Africa;

(e)

Asia;

(f)

South or Central America.

3. When choosing overseas members, due consideration shall be given to the

opinions, suggestions, recommendations and advice of, where applicable, federations of

associations, community councils and the associations most representative of the

interests of communities of Maltese living abroad.

In this Act, unless the context otherwise requires -

"the Constitution" means the Constitution of Malta;

"the Council" means the Council established by article 3;

"House" shall have the same meaning as assigned to it by article

3 of the Interpretation Act;

"Maltese citizen" means any person considered to be a citizen under

the Maltese Citizenship Act;

"Maltese living abroad" means any Maltese citizen or person of

Maltese descent who is not resident in Malta;

"Members of the Council" means the members appointed to the

Council in accordance with article 5(1);

"the Minister" means the Minister responsible for foreign affairs;

"overseas Maltese communities" means any group of Maltese

citizens or persons of Maltese descent living outside Malta;

"persons of Maltese descent" means any person who may become a

Maltese citizen under the Maltese Citizenship Act;

"the public service" shall have the same meaning as is assigned

to it by article 124 of the Constitution of Malta;

(1)

There shall be a Council that shall be known as the

Council for Maltese Living Abroad.

(2)

The Council shall be the body representing overseas

Maltese communities abroad before all entities of the government of

Malta, including the public service and any public authority, institution

or organisation responsible for implementing policies affecting these

communities.

(3)

The functions of the Council shall consist of the following

(a)

to monitor the quality of life of overseas Maltese

communities;

(b)

to strengthen, facilitate and cultivate the ties

*see article 1(2) of this Act, as originally promulgated, and Legal Notice 237 of 2012.

between overseas Maltese communities and Malta’s political,

cultural, economic and social life;

(c)

to ensure effective protection of the rights of

overseas Maltese communities;

(d)

to facilitate the maintenance of the cultural and

linguistic identity of overseas Maltese communities and

promote Maltese culture abroad, in particular the teaching of

the Maltese language and all aspects of Maltese culture;

(e)

to promote the history of Maltese migration in

cooperation with the government of Malta;

(f)

to maintain ties with all those organisations

established by Maltese living abroad and keep a register of

organisations established by Maltese living abroad;

(g)

to analyse and verify the problems encountered

by overseas Maltese communities, including professional and

educational training and development, and recognition of

qualifications and skills gained in Malta;

(h)

to prepare any proposal, or make any suggestion

or recommendation relating to legislation or administrative

measures as well as international agreements and European

Union legal acts affecting the rights and interests of Maltese

living abroad;

(i)

to promote and encourage studies and research

work relating to subjects concerning Maltese living abroad;

(j)

to be consulted on and contribute to the drafting

of Maltese legislation, administrative measures or policies

affecting Maltese living abroad;

(k)

to assist cultural centres, libraries, archives,

museums, theatres, musical ensembles and creative edifices of

overseas Maltese communities by facilitating contacts with the

pertinent national entities;

(l)

to ensure the development of the business

dimension of Malta with overseas Maltese communities;

(m) to provide correct information when requested to

overseas Maltese communities living abroad about policies of

the government of Malta, as well as about the economic, social,

and cultural life in the country;

(n)

to enhance connectivity with Malta through

contacts with established overseas institutions of excellence in

areas such as, but not limited to, education (including university

and vocational academics), culture (including film-makers,

dance, art, literature, music and intangible heritage), medicine,

business, artificial intelligence, professional sportsmen and, or

organisations active in major sports disciplines; and

(o)

to identify Maltese living abroad who have shown

excellence in their professional activity, and to create networks

of such persons in order to promote innovation and the

sustainable development of Malta.

The Council shall be responsible to provide the Minister

with advice on

(a) any Bill presented to the House which directly or

indirectly affects the rights or interests of Maltese living

abroad;

(b) any budgetary matter or administrative measure relating

to the interests of overseas Maltese communities,

including the promotion of Maltese culture and language

abroad, on the initiative of Government or any public

institution entrusted with the promotion of Maltese

culture abroad;

(c) any transmission on and production of public

broadcasting services relating to programmes intended

for Maltese living abroad; and

(d) any other relevant matter referred to the Council by the

Minister.

(1) The Council shall be composed as follows

(a)

the Minister responsible for foreign affairs, or any

other Minister or Parliamentary Secretary as the Prime Minister

may determine, who shall be ex officio its Chairman;

(b)

five (5) members, who shall be Maltese citizens,

shall be appointed by the Prime Minister for a term of (3) three

years, after consulting the Leader of the Opposition. The

members shall have distinctive knowledge and experience of

the needs and interests of Maltese living abroad; and

(c)

sixteen (16) members appointed by the Prime

Minister for a term of three (3) years who shall be Maltese

citizens ordinarily resident abroad, active in overseas Maltese

communities, and the said shall be appointed in accordance

with the Schedule.

(2)

Persons who serve as members of the Council may be re-

appointed for another term of three (3) years only, upon the expiration

of their initial term of office.

(3)

Except for the Chairman, a person shall not be qualified to

hold office as a mem ber of the Council if he is a Minister,

Parliamentary Secretary, a candidate for election or a member of the

House or the European Parliament, or any national, state, regional or

local legislature, or a member of any local government authority, of

any country including Malta. A member of the Council shall not hold

any position which is incompatible with the correct performance of his

official duties or with public confidence therein.

(4)

Without prejudice to the provisions of this article, the office

of a member of the Council shall become vacant

(a)

at the expiration of three (3) years from the date

of appointment or re-appointment;

(b)

upon resignation by means of a letter addressed to

the Minister;

(c)

if any circumstances arise that, if he were not a

member of the Council, would cause him to be disqualified for

appointment as such;

(d)

when members of the Council may have their

appointment terminated at any time, if the Prime Minister, upon

the recommendation of the Minister, deems this to be an

appropriate action to be taken; or

(e)

when the members of the Council appointed

under article 5(1)(c) no longer reside in the geographic area for

which they were appointed to represent.

(5) The Council may set up Regional Committees for any one of

the countries listed in the Schedule. Such Regional Committees shall

be exclusively responsible and accountable to the Council. Their

composition shall be within the exclusive remit of the Council.

(1) Meetings of the Council may take place through the

medium of video and, or audio teleconferencing and the records of

such meetings shall register the presence of any participants through

such medium.

(2) The meetings of the Council shall be called by the

Chairman on his own initiative or at the request of any four

members of the Council.

(3) The Council shall not act unless a quorum consisting of the

Chairman or his delegate and not less than ten (10) members of the

Council.

(4) At least once (1) every year the Chairman shall convene a

meeting of the Council in Malta or virtually as deemed fit.

(5) The decisions of the Council shall be adopted by a simple

majority of the votes of the members present. The Chairman shall

not have an original vote or a casting vote.

(6) Any vacancy among the members of the Council shall not

invalidate the proceedings of the Council.

(7) Subject to the provisions of this Act, the Council may

regulate its own procedure.

(1) By the end of March of the year immediately following

the year of its constitution, the Council shall publish a report of all

its activities and annually thereafter, and send a copy of the report

to the Clerk of the House of Representatives who shall immediately

lay such report on the Table of the House, provided that if the

House is not in session, then such report shall be laid within four

weeks after the House resumes its session.

(2) The report mentioned in sub-article (1) shall, within a

period of eight weeks from the date on which a copy thereof is laid

on the Table of the House, be noted and discussed by the Foreign

and European Affairs Standing Committee of the House or by any

other committee replacing it and such Committee shall make

appropriate recommendations to the House on any matters arising

from the report.

(3) A copy of such report shall also be sent to the Standing

Committee on Social Affairs of the House.

(1) There shall be established within the Ministry

responsible for Foreign Affairs or any other Ministry as the Prime

Minister may determine, a Directorate responsible for Maltese

living abroad, whose aim shall be the promotion and protection of

the rights and interests of Maltese living abroad.

(2) The Directorate shall serve as a focal point for information,

advice and co-ordination to Maltese living abroad and any association

representing Maltese living abroad or organisations included in the

register referred to in article 10.

(3) The Directorate shall be responsible to ensure the

implementation of this Act.

(1) There shall be a Secretary to the Council who shall be a

person appointed by the Minister or a public officer designated by

the Minister to perform the functions of Secretary.

(2) The Council shall also have such other staff as the Minister

may deem necessary and appoint or designate as aforesaid.

(3) The Secretary of the Council in conjunction with the

Directorate shall provide the Council with all the administrative

services and shall keep the members of the Council regularly informed

with relevant issues.

(1)

There shall be kept a register of non-governmental

organisations established abroad which are involved in the promotion

and protection of the interests of Maltese living abroad.

(2) The responsibility, including the inclusion, exclusion and

removal of an organisation, from the register referred to under sub-

article (1) shall lie with the Secretary of the Council on behalf of the

Council.

COUNCIL FOR MALTESE LIVING ABROAD

The Minister may make regulations to implement and give

better effect to the provisions of this Act and may also, without

prejudice to the generality hereof, make regulations

(a) to regulate any appointment, re-appointment or election

of any member of the Council who lives abroad;

(b) to amend or substitute in whole or in part the

provisions of the Schedule;

(c) to prescribe anything that may or is to be prescribed

under this Act;

(d) to provide for assistance to members who live abroad and

attend meetings of the Council in Malta.

(e) Deleted by Act XXIV.2024.10.

COUNCIL FOR MALTESE LIVING ABROAD