PARLIAMENTARY SERVICE ACT

PARLIAMENTARY SERVICE

CHAPTER 562

PARLIAMENTARY SERVICE ACT

To provide for the establishment of a Parliamentary Service and to

provide for matters consequential and ancillary thereto.

2nd January, 2017 *

ACT XLII of 2016 .

The short title of this Act is the Parliamentary Service Act.

In this Act, unless the context otherwise requires

"Clerk" means the Clerk of the House of Representatives as

provided for in article 64 of the Constitution and in article 11 of

this Act;

"Constitution" means the Constitution of Malta;

"House" means the House of Representatives of Malta;

"House Business Committee" means the Standing Committee on

House Business established by Standing Order 120C of the House

of Representatives; or any other similar Committee which may be

entrusted by the House with the regulation of its business;

"officer of the Service" means the Clerk of the House, the Senior

Clerk Assistants, the Clerk Assistants, and any other officer so

designated by the Speaker and includes any other employees

engaged with the Service;

"public officer" has the same meaning as is assigned to it by

article 124 of the Constitution;

"Service" means the Parliamentary Service established under

article 4;

"Speaker" means the Speaker of the House of Representatives

elected under article 59 of the Constitution;

"Standing Orders" means the Standing Orders of the House of

Representatives.

The Speaker has the control of the parliamentary offices

and services in the parliamentary precincts and all such offices and

services as may be supplied elsewhere by the House or its

members.

(1) There shall be established an autonomous

Parliamentary Service independent from the Executive.

(2) The Service shall be a body corporate having a distinct

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any

kind of property for the purposes of its operations and of suing and

* see article 1(2) of the Act as originally promulgated, and Legal Notice 17 of 2017.

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of being sued and of doing all such things and entering into all such

transactions as are incidental or conducive to the exercise or

performance of its functions under this Act, including the

borrowing of money.

(3) The officers of the Service shall abide by any Code of

Ethics applicable to public officers and shall, subject to any law to

the contrary, have the same obligations thereunder

Provided that the Service may, with the concurrence of the

House Business Committee, draw up service values and a Code of

Ethics to supplement any public service Code of Ethics in respect

of the Service.

(4) The legal and judicial representation of the Service shall lie

in the Speaker.

(5)

The Service shall consist of

(a) officers of the House being

(i) the Clerk;

(ii) other officers required to sit at the Table of the

House;

(iii) such other officers as the Speaker, on the advice

of the House Business Committee, may

establish; and

(b) other officers of the Service.

There shall be an Administrative Board chaired by the

Clerk and composed of the heads of the various sections of the

S e r v i c e a n d a n y o t h e r o ff i c e r n o m i n a t e d b y t h e C l e r k i n

consultation with the Speaker. The Board shall perform an advisory

role assisting the Speaker in the exercise of his functions under this

Act.

The House Business Committee shall determine the

remuneration, conditions of service and other benefits given to the

Clerk of the House, consider the financial estimates of the Service

and report thereon to the House as provided for in article 17, and

perform any such other functions as may be established under this

Act.

(1) The functions of the Service are to provide

administrative and support services to the House and to members

and committees thereof which may include

(a) the provision of sufficient officers and employees to

enable the House and its committees to operate

efficiently;

(b) the provision of advice on parliamentary procedures

and the functions of Parliament in general;

(c) the accurate and efficient reporting of the proceedings

of the House and its committees in accordance with the

Standing Orders;

(d) the provision of such other services for Members of

the House as the House Business Committee may

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deem expedient;

(e) the maintenance and security of

parliamentary

premises; and

(f) the provision of ceremonial services.

(2) The Service shall have such other functions as are conferred

or imposed upon it by or under this Act or any other enactment, or

as may be determined by the Speaker together with the House

Business Committee from time to time.

(1) The Speaker shall be the Head of the Service. The

general role of the Speaker in relation to the Service shall be to

(a) present the financial plans and estimates of the Service

to the House Business Committee;

(b) decide major policies to guide the operation and

management of the Service;

(c) supervise the management and operation of the

Service;

(d) decide on the services to be supplied by the Service

and for this purpose may establish divisions and

sections as necessary, vested with such responsibilities

as the Speaker may from time to time deem

appropriate;

(e) be the employing authority of the Service; and

(f) in consultation with the House Business Committee,

make regulations concerning the filling of vacancies,

recruitment, tenure of appointment, dismissal,

discipline and for all other matters relative to

employment under this Act.

(2) The Speaker may engage such persons in a consultative

capacity as he may deem necessary for the proper functioning of

the Service, as well as such other persons as may be required to

serve in his office, provided that where the House Business

Committee shall have made rules regulating such procurement, the

Speaker shall in procuring such services, follow such rules.

The Speaker may delegate the powers conferred upon him under

this Act to any person acting as Deputy Speaker.

The Speaker shall, in exercising his functions under this

Act, consult with the House Business Committee.

The Clerk shall be appointed by the President of Malta on

the advice of the Speaker, after consultation with the House

Business Committee.

(1) The Clerk of the House shall be responsible for

(a) the performance of such duties as are assigned to him

under the Constitution;

(b) the carrying out of such duties and the exercising of

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such powers as may be conferred on the Clerk by law

or by the Standing Orders, customs and practices of

the House;

(c) the execution and pursuance of the policy adopted by

the Service;

(d) chairing of the Administrative Board;

(e) the preparation of the financial plans and estimates of

the Service in consultation with the Administrative

Board; and

(f) any other duties as may be assigned to him by the

Speaker and the House Business Committee.

(2) Subject to the provisions of this Act, the Clerk shall be

responsible to the Speaker for the executive conduct of the Service,

its administration and organisation and the administrative control

of its officers and employees. The Clerk shall also have such other

powers as may from time to time be delegated to him by the

Speaker.

(3) The Clerk may make recommendations to the Speaker with

respect to any matter for consideration by the Speaker and shall

take such steps as are necessary to implement those policies and

decisions of the Speaker that require action to be taken by the

Service.

(1) The Clerk shall hold office under such terms as may be

decided upon by the House Business Committee.

(2) The Clerk may at any time resign by a letter addressed to

the Speaker.

(3) The Clerk may be suspended from office by the Speaker

acting on the advice of the House Business Committee.

(4) The Clerk may at any time be removed from office by the

President of Malta upon an address by the House supported by the

votes of the majority of all the members thereof and praying for such

removal on the ground of inability to perform the functions of his

office (whether arising from infirmity of body or mind or any other

cause) or misbehaviour. Such address shall only be moved in the

House after the House Business Committee determines that there is

a cause for such removal.

The Clerk may perform his administrative functions either

personally or through the assistance of other officers of the Service.

(1) On the occurrence from any cause of a vacancy in the

Office of the Clerk (whether by reason of death, resignation, or

otherwise), and in the case of absence from duty of the Clerk (from

whatever cause arising), and so long as that vacancy or absence

continues

(a) the functions, powers and duties of the Clerk at the

Table of the House shall be performed and exercised

by the next most senior of the Clerk Assistants or

officers of the House;

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(b) the other functions, powers and duties of the Clerk

shall be exercised and performed as follows

(i) in the case where the absence of the Clerk is of a

temporary nature, by a person to whom the

function, power or duty has been delegated by

the Clerk under article 14, and

(ii) by an officer appointed by the Speaker in any

other case under article 9.

(2) The fact that a person exercises a function, power or duty of

the Clerk shall, in the absence of proof to the contrary, be

conclusive evidence of the authority of the person to do so.

If an officer of the public service becomes an officer of the

Service, that officer shall be entitled to retain all existing acquired

rights, including any pension rights, he may have under all

applicable laws up to the date of his becoming an officer of the

Service, as if the service of an officer or employee of the Service

were a continuation of the service as an officer of the public

service.

(1) The expenses of the Service required for the running

of the House, (other than the remuneration of the Speaker, the

Members of Parliament and the Clerk) up to a sum as may be fixed

by the House in accordance with this Act, shall be a charge on the

Consolidated Fund without the need of any further appropriation

other than this Act.

(2)

(a) The remuneration of the Speaker and the Members of

Parliament shall be fixed by an independent body

established for this purpose and shall be defrayed as

part of the expenses of the Service.

(b) The remuneration of the Clerk shall be fixed by the

House Business Committee and shall be defrayed as

part of the expenses of the Service.

(3) For the purposes of establishing the sum referred to in sub-

article (1), the Clerk shall prepare an estimate of the sum required

and submit it for the Speaker’s approval.

(4) Such estimate shall, before consideration by the House, be

submitted by the Speaker for examination by the House Business

Committee.

(5) Where, during the course of any financial year, the sum

fixed by the House is in the opinion of the Speaker insufficient to

enable the Service to efficiently fulfil its responsibilities, the Clerk

shall prepare supplementary estimates for the Speaker’s approval

and subsequent consideration by the House after examination by

the House Business Committee as aforesaid in sub-article (4).

(6)

(a) The sum or sums referred to in the previous sub-

articles of this article shall be fixed by a resolution of

the House after considering the estimates and the

report thereon by the House Business Committee.

(b) The Minister for Finance shall be consulted in the

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drawing up of the financial report and he shall

therefore be an ex officio member of the House

Business Committee whenever the estimates are

debated, in lieu of such Committee from the

Government side.

(7) The House Business Committee shall from time to time but

not less often than once a year present to the House, through the

Speaker, a report of its activities and the report of its examination

of any estimates prepared by the Clerk.

(8) Where, upon the dissolution of the House, the sum to be

established for the purposes of sub-article (1) is not so established

or the House has not after the end of a financial year established the

said sum, the Speaker shall be entitled to expend, each month, a

sum equivalent to one-twelfth of the sum or sums established for

the previous financial year, until the said sum is so established.

(9) The Speaker shall, not later than a month after half the

financial year, present an interim account of the expenditure of the

Service, to the House of Representatives which shall thereafter be

published on the Parliament website and which shall, amongst

other matters, disclose the expenditure on human capacity, on

administration, on travel abroad and on other allowances and the

capital expenditure, for the six month period to which it refers.

(1) The accounts of the Service shall be audited by the

Auditor General or by such person or persons, hereinafter referred

to as "auditor", appointed by the House Business Committee from

among such persons who, in accordance with such law as may from

time to time be in force, hold a warrant entitling them to audit the

accounts of a public limited liability company.

(2) The auditor shall, with regard to the accounts of the

Service, have such powers as are by law vested in the Auditor

General with regard to accounts subject to his audit.

(3) The Auditor General or the auditor shall present his report

on the audit carried out by him to the House Business Committee

which shall, through the Speaker, present the same to the House

together with any comment thereon by the said Committee or any

of its members.

The Speaker, on the advice of the House Business

Committee, may enter into any arrangement for the broadcast of

parliamentary sittings, committee meetings and any other activities

related to the work of the House.