UNCRPD NATIONAL COORDINATION MECHANISM REGULATIONS

SUBSIDIARY LEGISLATION 627.01

UNCRPD NATIONAL COORDINATION

MECHANISM REGULATIONS

14th November, 2023

LEGAL NOTICE 209 of 2022.

PART I – INTRODUCTORY PROVISIONS

The title of these regulations is the UNCRPD National

Coordination Mechanism Regulations, and these regulations shall be

read and construed as one with the United Nations Convention on the

Rights of Persons with Disabilities Act, hereinafter referred to as "the

principal Act".

For the purposes of these regulations

" "Act" means the United Nations Convention on the

Rights of Persons with Disabilities Act";

"Convention" or "UNCRPD" means the United Nations

Convention on the Rights of Persons with Disabilities adopted

by the General Assembly by its resolution 61/106 of 13

December 2006 that entered into force on 3 May 2008, and

which the Government of Malta signed on 30 March 2007 and

ratified on 10 October 2012;

"DDI" means the same as the meaning assigned to it in

the Act;

"ENGAGE" means the same as the meaning assigned to

it in the Act;

"Minister" means the same as the meaning assigned to it

in the Act;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for disability and the

development of this sector;

"registered voluntary organisation" means the same as

the meaning assigned to "voluntary organisation" in the

Voluntary Organisations Act.".

There shall be a national coordination mechanism within

DDI, to facilitate necessary action in connection with the Act, in

different sectors and at different levels, within the meaning of Article

33(1) of the Convention, referred to as the UNCRPD National

Coordination Mechanism, composed of the Inter-Departmental

Coordination Committee, that shall be referred to as "IDCC", and of

the Inter-Ministerial Administrative Committee on Disability, that

shall be referred to as "IACD".

(1)

The Minister after consultation with the Permanent

Secretary shall appoint a secretary to perform necessary administrative

and clerical tasks required for the proper functioning of the UNCRPD

National Coordination Mechanism.

(2)

Said appointment shall be effected for a period of five (5)

years, and the secretary shall be eligible for re-appointment when his

period in office lapses.

The Planning and Development of Service Provision

Needs Regulations are hereby being repealed.

PART II – INTER-DEPARTMENTAL COORDINATION

COMMITTEE

There shall be a committee within the UNCRPD National

Coordination Mechanism within DDI, referred to as the Inter-

Departmental Coordination Committee "IDCC".

(1)

IDCC shall be composed of the following

persons:-

(a)

the Director responsible for DDI or his

representative, who shall also be ex officio Chairperson of the

IDCC;

(b)

the following members in an ex officio capacity

(i)

the

permanent

secretary

or

his

representative;

(ii)

the Chief Executive Officer of Aġenzija

Sapport or his representative;

(iii) the Chief Executive Officer of the Social

Care Standards Authority or his representative;

(iv)

policy advisors attached to DDI;

(2)

The Chairperson can also invite representatives of other

government entities, service providers or individuals on an ad hoc basis

for a specific meeting, in view of discussions on specific meeting

agenda items that would benefit from the involvement of said

representatives or individuals

Provided that these representatives shall not have a vote

in the case that a vote is taken and should not be considered for the

purpose of reaching a quorum.

(1)

IDCC shall be convened by the Chairperson, and a

meeting agenda as circulated to members by the secretary shall be

comprised of any one (1) or more of the following items

(i)

items placed on the agenda by the Chairperson,

following requests by members of IDCC;

(ii)

substantive items related to legislation, policy or

strategy referred to it by ENGAGE;

(iii)

agenda items that follow up previously discussed

items;

(iv) reports of IACD meetings and sub-committee

meetings transmitted to the IDCC.

(2)

A simple majority of members of IDCC shall constitute a

quorum.

(3)

IDCC shall act by a majority vote of its serving members

present and voting. In the case of equality of votes, the Chairperson

shall have the right to exercise the casting vote.

(4)

The Chairperson, assisted by the Secretary, shall conduct

follow-up steps to ensure implementation of decisions adopted at a

previous IDCC meeting, by liaising with entities and individuals

identified.

IDCC shall refer all major substantive points related to

legislation, policy or strategy brought before it to ENGAGE, for

deliberation on said points by ENGAGE, the results of such

deliberations are to be conveyed to IDCC.

PART III – INTER-MINISTERIAL ADMINISTRATIVE

COMMITTEE ON DISABILITY

There shall be a committee within the UNCRPD

National Coordination Mechanism within DDI, referred to as the Inter-

Ministerial Administrative Committee on Disability "IACD".

(1)

IACD shall be composed of the Permanent

Secretaries of every line Ministry or their representatives, and the

Director responsible for DDI, and the Permanent Secretary or his

representative shall be the ex officio Chairperson of the IACD.

(2)

IACD can be convened by the Chairperson

(i)

in its full formation, with a minimum of two (2)

such meetings convened every year, wherein general matters

and updates are also discussed; or

(ii)

by calling a meeting bringing together specific

Permanent Secretaries or their representatives, depending on the

thematic nature of the items on the agenda for a specific IACD

meeting.

(3)

The Chairperson can also invite representatives of other

entities or other individuals on an ad hoc basis for a specific meeting,

in view of discussions on specific meeting agenda items that would

benefit from the involvement of said representatives or individuals

Provided that these representatives shall not have a vote

in the case that a vote is taken and should not be considered for the

purpose of reaching a quorum.

(4)

The Chairperson shall cause a report of all IACD

meetings and sub-Committee meetings to be transmitted to the IDCC,

through a written brief, which are subsequently discussed as a specific

agenda point at the next scheduled IDCC meeting.

(1)

IACD can resolve to create standing or ad hoc sub-

Committees dealing with specific matters, as IACD may decide, from

time to time.

(2)

The terms of reference and operating procedures for sub-

committees may be decided upon by IACD, or promulgated through

specific regulations.

(3)

The Inter-Ministerial Interdisciplinary Professional Board

on Disability, that shall be referred to as "IIPBD", is being set up as a

standing sub-committee of IACD as follows:-

(a)

the functions of IIPBD shall be as follows

(i)

to serve as the professional branch of

IACD;

(ii)

to identify the nature and extent of services

required by every disabling condition at different ages, so

as to contribute towards the compilation of individual

life-course services support plans;

(iii) to develop reference benchmarking for

disabling conditions by age cohorts;

(iv) to review the reference benchmarks every

two (2) years through the utilisation of methods and

samples as agreed by IIPBD;

(v)

to promote the use of standardised

evidence-based tools in line with recommendations based

on the Convention;

(vi) to keep IACD updated on developments

through the submission of a progress report once every

six (6) months as at the end of June and at the end of

December;

(vii) to advise IACD on the introduction of new

services for persons with disability;

(viii) to address any other requirements that may

evolve from the decisions taken by the IACD.

(b)

the composition of IIPBD shall be as follows

(i)

a Chairperson appointed by the Permanent

Secretary;

(ii)

a lead physiotherapist nominated by the

Ministry responsible for health;

(iii) a lead occupational therapist nominated by

the Ministry responsible for health;

(iv) a lead speech and language therapist

nominated by the Ministry responsible for health;

(v)

a managing psychologist nominated by the

Ministry responsible for education;

(vi) a leading officer (not below Scale 5) with

knowledge in the field of disability nominated by the

Ministry responsible for education;

(vii) two (2) leading officers within Aġenzija

Sapport, having a professional background, nominated

by the Permanent Secretary

Provided that the Chairperson may invite other

professionals to a specific meeting, when the expertise of such

professionals would be beneficial to the discussion in respect of a

specific agenda point during such meeting.

Decisions of the IACD shall be referred by the

Chairperson to the Minister, for further deliberations and decisions at a

political level, including eventual reference to the Cabinet of

Ministers.

PART IV – DATA PROTECTION

DDI, IACD, and all sub-committees of IACD in terms of

regulation 12 shall, in the performance of their functions, have the

power to require any Government institution, Government agency,

public authority, educational institution, health institution, entities in

private or social partnership with Government, and registered and

unregistered voluntary organisations, providing services in the field of

disability, to furnish them with all the information that they may

require in the performance of their functions and duties

Provided that, except so far as may be necessary for the

proper discharge of their functions and duties, officers within DDI,

IACD, and all sub-committees of IACD shall be bound to observe

secrecy in regard to any information furnished to them under these

regulations, ought to be treated as secret, and the provisions of article

133 of the Criminal Code shall apply to any wilful breach of such duty

Provided further that, for the purposes of this paragraph

all officers of DDI, IACD, and all sub-committees of IACD are to take

an oath of secrecy.

(1)

Nothing in these regulations shall prejudice the

applicability of Regulation (EU) 2016/679 and the Data Protection Act

including any regulations made thereunder and the fundamental rights

and freedoms of the data subjects.

(2)

The Ministry responsible for disability and the

development of this sector, acting in its capacity of a controller in terms

of Article 4(7) of the Regulation (EU) 2016/679, shall perform the

relevant data processing operations which are strictly necessary for the

purposes of these regulations.

(3)

Where the personal data transferred to the controller by

virtue of these regulations includes data other than that required for the

purposes of these regulations, the controller shall delete such data

immediately and permanently upon receipt.

(4)

The processing of personal data for the purposes of these

regulations shall comply with the principles relating to the processing

of personal data pursuant to Article 5 of Regulation (EU) 2016/679,

and said personal data shall not be further processed in a manner that is

incompatible with the purposes of these regulations.

(5)

The processing of personal data for research and

statistical purposes shall be subject to appropriate safeguards pursuant

to Regulation (EU) 2016/679, for the rights and freedoms of the data

subjects. These safeguards shall ensure that technical and

organisational measures are in place in particular to ensure compliance

with the principle of data minimisation as set forth in Article 5(1)(c) of

Regulation (EU) 2016/679, which measures may include

pseudonymisation.

(1)

The controller, taking into account the nature,

scope, context and purposes of processing as well as the risks of

varying likelihood and severity for the rights and freedoms of the data

subjects, both at the time of the determination of the means for

processing as well as at the time of the processing itself, shall

implement appropriate technical and organisational measures, in an

effective manner and to integrate the necessary safeguards into the

processing, in order to protect the rights of the data subjects and to

ensure a level of security appropriate to the risk.

(2)

The data protection officer designated by the controller

in terms of Article 37 of Regulation (EU) 2016/679 shall be involved

and consulted properly and in a timely manner on all issues in relation

to the protection of personal data processed for the purposes of these

regulations.

(3)

For the purpose of ensuring and to be able to demonstrate

that the processing of data is performed in accordance with the

provisions of Regulation (EU) 2016/679, the controller shall

implement the appropriate data protection policies, which policies

shall be periodically reviewed and updated where necessary.

In respect of all processing of personal data pursuant to

these regulations, every data subject shall have the right of access,

rectification, erasure and restriction, including the right to lodge a

complaint with the Information and Data Protection Commissioner,

the right to compensation and judicial redress as laid down in the Data

Protection Act and Regulation (EU) 2016/679.