MT
STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES ORDER
Table of Provisions (214)
Statutory Text (214 Articles)
SUBSIDIARY LEGISLATION CONST.02
STANDING ORDERS OF THE HOUSE OF
REPRESENTATIVES ORDER
16th March, 1962
LEGAL NOTICE 23 of 1962 as adapted by the Malta Independence
Order, 1964, and as amended by Legal Notice 46 of 1965; Act LVIII of
1974; Legal Notice 148 of 1975; Act XIII of 1983; Resolutions 198 and 231
of 1995; Act XVI of 1997; Resolutions 67 of 2003 and 235 of 2006; Legal
Notice 407 of 2007; and Resolutions 234 of 2011, 24 and 49 of 2013, 108
of 2014, 229 of 2015 and 368, 377, 378, 379, 380, 381, 382 and 383 of
2016, 319 and 353 of 2020, 386 and 387 of 2025.
The title of this Order is Standing Orders of the House of
Representatives.
(Article 2)
STANDING ORDERS
OF THE
HOUSE OF REPRESENTATIVES
Issued pursuant to the provisions of article 7 (3)
of the Malta Independence Order, 1964.
1. (1)
In these Standing Orders, unless the context otherwise
requires -
"the Chairman of Committees" means the Deputy Speaker acting
in that capacity;
2016. "the Consolidated Fund" means the Consolidated Revenue Fund
established by article 105 of the Constitution;
''the Constitution'' means the Constitution of Malta;
"the Deputy Chairman" means the Deputy Chairman of
Committees appointed pursuant to standing order 154;
"the Deputy Speaker" means the Deputy Speaker and Chairman
of Committees of the House;
"dilatory motion" means a motion for the Adjournment of the
House or of the debate or in committee that the Chairman do report
progress or do leave the Chair;
"the Gazette" means the Malta Government Gazette;
"the House" means the House of Representatives established by
article 52 of the Constitution;
"the Leader of the House" means the Minister responsible for
parliamentary affairs;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution;
"member" means a member of the House;
"Minister" means a member appointed as such pursuant to the
provisions of article 81 of the Constitution;
"motion" includes amendment;
"session" means the sittings of the House commencing when the
House first meets after being constituted under the Constitution, or
after its prorogation or dissolution at any time, and terminating
when the House is prorogued or is dissolved without having been
prorogued;
"sitting" means a period during which the House is sitting
continuously without Adjournment and includes any period during
which the House is in committee;
"the Speaker" means the Speaker of the House;
"the Whip" means that member appointed by his Parliamentary
Group to perform the duties of Whip on behalf of the Group.
(2) Where a certain number of days’ notice is required in order
to permit any business to be transacted, in computing that number,
Sundays and public holidays shall not be included and the day on
which the notice is given shall be counted but not the day on which
the business is to be transacted.
I. Proceedings on the Opening of a new Parliament or Session
2. On the first day of the meeting of a new Parliament for the
d e s p a t c h o f b u s i n e s s p u r s u a n t t o t h e P r e s i d e n t o f M a l t a ’s
Proclamation, members having met at the time and place appointed,
the Clerk of the House shall read the Proclamation summoning
Parliament.
The Standing Orders of the House of Representatives
established by the Malta (Constitution) Letters Patent, 1947, as in
force on the first day of January, 1958, as amended from time to
time, are reproduced in the Schedule hereto.
When the House first meets after any general election and
before it proceeds to the despatch of any other business it shall
elect a person to be the Speaker of the House; and, if the office of
Speaker falls vacant at any time before the next dissolution of
Parliament, the House shall, as soon as practicable, elect another
person to that office.
When the House first meets after any general election and
before it proceeds to the despatch of any other business except the
election of the Speaker, the House shall elect a member of the
House who is not a Minister or a Parliamentary Secretary to be the
Deputy Speaker of the House; and, if the office of Deputy Speaker
falls vacant at any time before the next dissolution of Parliament,
the House shall, as soon as convenient, elect another member to the
office.
No member of the House shall be permitted to take part in
the proceedings of the House (other than proceedings necessary for
the purposes of article 69 of the Constitution) until he has made
before the House an oath or affirmation of allegiance in the form
set out in the Third Schedule to the Constitution
Provided that the election of the Speaker and Deputy
Speaker may take place before the members of the House have
made such oath or affirmation.
(1) A Minister shall then inform the House at what time
and place the President of Malta shall call the House together; and
the sitting shall without question put be suspended until that time.
(2) Upon the sitting being resumed the President of Malta will
declare to the House the reasons for which it has been summoned.
(1) Notice of motion for an Address to the President of
Malta in reply to His Excellency’s speech shall then be given, and
the motion shall be placed on the orders of the day for the next
sitting.
(2) Not less than two days’ notice shall be given of any
amendment to the Address in Reply.
(3) The debate on the Address in Reply, together with any
amendment thereon, shall be limited to three full sitting days, the
debate on each of such days terminating at 9 p.m. If a speech be not
concluded at 9 p.m., it shall be within the discretion of the Speaker
to permit the member speaking to complete his speech,
notwithstanding that the hour of 9 p.m. has arrived.
Unless the business has been sooner concluded, at 9 p.m.,
on the last of the days allotted, the Speaker shall, without any
further amendment or debate, put forthwith the question on each
amendment proposed, if any, and finally shall put the question for
the adoption of the Address
Provided that, on any of the days so allotted, formal
business, the first reading of bills, or the asking and answering of
questions may be taken up to 6 p.m. After 9 p.m., other business
may be proceeded with as usual
Provided further that until the Address in Reply is disposed
of, no private business shall intervene.
Business under consideration at 6 p.m. on any of such
allotted days shall be adjourned to another sitting day, unless
disposed of after 9 p.m.
Nothing in the foregoing provisions shall be construed to
prevent the interruption of the debate on the Address in Reply by
the passage of any financial business; provided always that the time
as above allotted for the consideration of the Address in Reply shall
in no case be curtailed.
II. Sittings, Quorum, Adjournment and Closure
(1) Unless the House otherwise orders, the House shall
meet at 5 p.m., on Monday and Thursday in each week (except
upon public holidays) and on such other days and at such other
hour as the House may from time to time determine, or as the
Speaker may upon grounds of urgency appoint.
(2) Subject to the provisions of standing order 7 (3) private
members’ business shall have precedence over Government
business on every alternate Thursday upon which the House sits.
The hour appointed for the interruption of business shall be
9 p.m. unless the House has otherwise ordered.
(1) Any opposed business not disposed of at the time for
interruption of business shall stand over until the next sitting or
until such other sitting day as the member in charge thereof may
appoint. If any dilatory motion has been proposed at that time, it
shall lapse without question put. If the House has been in
Committee the Chairman shall leave the Chair and make his report
to the House.
(2) Provided always that on the interruption of business the
closure may be moved; and, if moved, or if proceedings under the
closure are in progress, the Speaker or the Chairman shall not leave
the Chair until the questions consequent thereon, and on any further
motion as provided in standing order 16 (closure of debate) have
been decided.
(3) No opposed business shall be transacted after the hour
appointed for the interruption of business.
(4) At the hour appointed for interruption of business or so
soon thereafter as the business permitted under the foregoing
provisions of this standing order has been disposed of, the
Adjournment of the House shall be moved, and if the House is still
sitting at the expiration of half an hour after the interruption of
business, the Speaker shall adjourn the House without putting any
question.
(1) A quorum of the House shall consist of fifteen
members besides the person presiding at the siting.
(2) If at any sitting of the House any member who is present
draws the attention of the person presiding at the sitting to the
absence of a quorum and, after an interval of five minutes, the
person presiding at the sitting ascertains that a quorum of the
House is still not present, the House shall be adjourned without
question put until the next sitting day.
In case the House, from any cause whatever, shall fail to
meet upon any day appointed for its meeting, it shall thereupon
stand adjourned until the next sitting day.
(1) No motion for the Adjournment of the House on a
definite matter of urgent public importance shall be made unless a
member at the commencement of business (i.e., after questions and
before motions or orders of the day, as the case may be) rises in his
place and states that he asks leave to move the Adjournment of the
House for the purpose of discussing a definite matter of urgent
public importance, whereupon he shall state the matter and deliver
to the Speaker a written statement of the subject to be discussed.
(2) The Speaker shall thereupon desire the members who
support the motion to rise in their places, and if not less than ten
rise accordingly, the motion stands over until 7 p.m. on the same
day. If, however, fewer than ten and not less than five have so risen,
the member may, if he thinks fit, claim a division upon question put
forthwith and decided without amendment or debate, to determine
whether such motion may be made.
(3) No motion for Adjournment under this standing order may
be made during any debate.
(4) No discussion may be raised by this means upon matters
under notice for discussion or standing as an order of the day or
upon a matter of privilege, or upon a matter which cannot be
debated save upon a specific motion.
(5) No motion may be moved under this standing order on a
day allotted for the business of supply.
(6) No second motion under this standing order may be moved
on any day.
When a motion is made for the Adjournment of a debate or
of the House during a debate, or that the Chairman of a Committee
do report progress or do leave the Chair, the debate thereupon shall
be confined to the matter of such motion and no member having
moved or seconded any such motion shall be entitled to move or
second any similar motion during the same debate.
If the Speaker or the Chairman of a Committee of the
who le Ho use, shall be of the opi nio n t hat a m otio n for th e
Adjournment of a debate, or of the sitting during any debate, or that
the chairman do report progress or do leave the Chair is an abuse of
the rules of the House, he may forthwith put the question thereupon
from the Chair or he may decline to accept such motion.
(1) After a question has been proposed and debated for not
less than an hour a member may claim to move "That the question
be now put", and, unless it shall appear to the Chair that such
motion is an abuse of the rules of the House, or an infringement of
the rights of the minority, the question "That the question be now
put" shall be put forthwith and decided without amendment or
debate.
(2) When the motion "That the question be now put" has been
carried, and the question consequent thereon has been decided, any
further motion may be made (the assent of the Chair as aforesaid
not having been withheld) which may be requisite to bring to a
decision any question already proposed from the Chair; and also if
a clause be then under consideration, a motion may be made (the
assent of the Chair, as aforesaid, not having been withheld), that the
question that certain words of the clause defined in the motion
stand part of the clause or that the clause stand part of, or be added
to, the bill, be now put. Such motions shall be put forthwith, and
decided without amendment or debate.
(3)
Provided always that this rule shall not be put in force -
(a) in the House, unless the Speaker or the Deputy
Speaker is in the Chair; or
(b) in Committee of the whole House unless the Chairman
or Deputy Chairman is in the Chair.
III. Arrangement of Business of the House
Unless the House otherwise directs and subject to the
provisions of standing order 8 (2) relating to the reservation of time
for private members’ business, the business of each sitting shall be
transacted in the following order
1. Prayers.
2016.
2. Minutes.
3. Oath of Allegiance of new members.
4. Petitions.
5. Questions.
6. Presentation of papers and of reports from standing
committees and select committees.
7. Request for leave to make a motion under standing
order 13.
8. Motions in the name of a Minister relating to the
business of the House.
9. Motions for the appointment of standing committees
and select committees and for the nomination of
members to serve thereon.
10. Ministerial Statements
11. Motions for leave to introduce bills.
12. Orders of the day and notices of motions.
At the time fixed for the commencement of public
business, on days on which orders have precedence over notices of
motions, and after notices of motions have been disposed of on all
other days, the Speaker shall direct the Clerk of the House to read
the orders of the day without any question being put.
An order of the day is a stage of a bill or any motion which
has been set down for any particular day in pursuance of an order of
the House.
On days reserved for Government business the
Government may arrange such business, whether orders of the day
or notices of motions, in such order as it may think fit.
Except by leave of the House, to be decided without
amendment or debate, the orders of the day shall be disposed of in
the order in which they stand upon the paper.
(1) Save as otherwise provided in the Constitution, all
questions proposed for decision in the House shall be determined
by a majority of the votes of the members present and voting.
(2)
The Speaker shall not have an original vote, but, if upon
any question before the House the votes are equally divided, he
shall have and exercise a casting vote.
(3) Any other person shall, when presiding in the House, retain
his original vote as a member and, if upon any question before the
House the votes are equally divided, shall also have and exercise a
casting vote.
Notice of a question or motion shall be given by delivering
a copy thereof to the Clerk of the House. Such copy shall be fairly
written, and shall bear the signature of the member who will bring
it on. At least three days’ notice shall be given for a question or for
a motion.
When the House is prorogued, notices of motion or other
business which any member shall intend to bring before the House
at the next ensuing session thereof, may be delivered or transmitted
by such member to the Clerk for publication as hereinafter
mentioned.
Any notice which contains unbecoming expressions or
offends against any standing order of the House may be amended or
disallowed by the Speaker before it appears on the order paper.
No motion shall be proposed which is the same in
substance as any motion which during the current session has been
resolved in the affirmative or negative.
(1) Questions may be put at the commencement of public
business to any Minister relating to public affairs or to any other
member relating to any business of the House for which such
Minister or member is responsible.
(2) No question shall be taken after one hour has elapsed from
the time appointed for the commencement of the sitting
Provided that no question shall be taken after 6 p.m.
The proper object of a question shall be to obtain
information on a matter of fact within the special cognizance of the
member to whom it is addressed.
The right to ask questions shall be governed by the following
rules
(1) a question shall not publish any name or statement not
strictly necessary to make the question intelligible;
(2) if a question contains a statement, the member asking
it shall make himself responsible for the accuracy of
the statement;
(3) a question shall not contain any argument, opinion,
inference, imputation, epithet or ironical expression;
(4) a question shall not be asked about proceedings in a
committee which have not been placed before the
House by a report from the committee;
(5) a question shall not ask for an expression of opinion or
for the solution of an abstract legal question or of a
hypothetical proposition;
(6) a question shall not be asked as to the character or
conduct of any person except in his official or public
capacity;
(7) a question reflecting on the character or conduct of any
person whose conduct can only be challenged on a
substantive motion shall not be asked;
(8) a question making or implying a charge of a personal
character shall be disallowed;
(9) a question fully answered cannot be asked again.
Any member desiring an oral answer to his question shall
distinguish it by an asterisk.
Not more than six questions for oral answer shall be given
notice of by the same member for the same day
Provided that any questions left unanswered through no
fault of the questioning member shall not debar the same member
from giving notice of six other questions for the same day to which
the unanswered questions shall have been postponed.
A question shall be asked by the member in whose name it
stands or by some member deputed on his behalf.
When the time for asking questions arrives the Speaker
shall call successively each member in whose name a question
appears on the notice paper. The member so called shall rise in his
place and ask the question by referring thereto by its number on the
notice paper.
If any member does not distinguish his question by an
asterisk, or if he or any other member deputed by him is not present
to ask it or if it is not reached by the time appointed in standing
order 26 (2) the member to whom it is addressed shall cause a
written answer to be delivered to the member in whose name the
question stands and such answer shall be printed in the official
report of the parliamentary debates, unless the member in whose
name the question stands shall have signified his desire to postpone
the question.
A member may, if so authorised by another member not
then present, postpone or move a motion or an order of the day in
the absence of the member in charge thereof.
(1) No motion shall be moved on the same day on which
the notice is given except as provided by standing order 13.
(2) A motion shall be considered as withdrawn if it is not
moved within one month from the day on which the notice was
given, unless the notice be renewed.
Every motion requires notice unless it falls within one of
the following excepted cases
(1) a motion by way of amendment to a question already
proposed from the Chair;
(2) a motion for the Adjournment of the House or of the
debate, or that the question be put or be not now put or
a motion in committee to report progress or that the
Chairman leave the Chair;
(3) a motion raising a question of privilege;
(4) a motion for discharging a member from attendance on
a committee;
(5) certain motions of a formal or uncontentious character,
namely:-
(a) for the postponement, revival or discharge of an
order of the day;
(b) for the appointment of a committee of the whole
House on a future day; and
(c) for the consideration of a message from the
President of Malta;
(6) cases in which objection is not taken by any member
Provided that the Speaker or the chairman of committees
may refuse to accept a substantive motion of which notice has not
been given
Provided also that the terms of a substantive motion of
which notice has not been given shall be handed to the Clerk of the
House in writing signed by the proposer before it is moved.
A motion on a matter of privilege arising during the sitting
of the House is entitled to precedence over all other business.
A motion on a matter of privilege not arising during the
sittings of the House shall be made on the earliest opportunity and
may be made before the commencement of public business.
A motion in Committee or an order of the day or a motion
of a formal character does not require a seconder.
If a member be not in his place when the motion which
stands in his name is called on, or should he fail to rise and move
the same when called upon by the Speaker, the same shall lapse,
unless some other member duly authorised by him moves it in his
stead.
A member who has made an amendment or a motion may
withdraw the same by leave of the House to be decided without
amendment or debate. When an amendment has been proposed to a
m ot io n , t he o r ig in a l m o t io n ca nn ot be w it hd r a w n un t il th e
amendment has been first disposed of.
A motion which has been withdrawn by leave of the House
or is to be considered as withdrawn under standing order 34 (2)
may be made again during the current session on notice given.
A motion may be superseded by -
(a) a motion "That the House do now adjourn";
(b) the previous question, that is to say a motion "That
that question be not now put"; and
(c) a motion "That the House do proceed to the orders of
the day"
Provided that the previous question cannot be moved in any
committee, or on any amendment, or on a motion relating to the
transaction of public business or the meeting of the House;
provided also that if the previous question be resolved in the
negative the original question shall be put forthwith without any
amendment or debate.
The debate upon a question interrupted or superseded
whether in the House, or in Committee of the whole House, may be
revived, and the motion or order returned to the notice paper for a
future day on motion upon notice.
(1) When a motion has been made, and, if necessary
seconded, the Speaker or the Chairman proposes the question for
consideration, and, after debate (if any), puts it for the decision of
the House or the Committee.
(2) If a motion embodies two or more separate propositions,
those propositions may be proposed or put by the Speaker or the
Chairman as separate questions.
In respect of any motion or in respect of any bill under
consideration in committee the Speaker or the Chairman of
Committees shall have power to select the amendments or new
clauses to be proposed, and may call upon any member who has
given notice of an amendment to give such explanation of the
subject of the amendment as may enable him to form a judgment
upon it.
IV. Order in the House
Every member desiring to speak shall rise in his place and
address himself to the Speaker or the Chairman as the case may be.
When a member rises to speak he shall be called by the
Speaker or the Chairman as the case may be, and if more than one
member rise at the same time the member who is so called shall be
en tit led to sp eak. Mem bers, w hilst speaking, shall address
themselves to the Chair.
A member shall not read his speech, but may refresh his
memory by reference to notes.
Debate must be relevant to the matter or question before
the House or the Committee and, where more than one question has
been proposed, the debate must be relevant to the last question
proposed until it has been disposed of
Provided that a member may rise to speak on a point of
order, or on a question of privilege suddenly arising.
No member shall speak for more than forty minutes at a
time in any debate in the House except on a direct motion of want
of confidence, when a member shall be at liberty to speak for one
hour
Provided that this rule shall not apply to a Minister
delivering the Financial Statements, or to the Leader of the
Opposition or any member deputed by him to speak first in reply to
such a statement, who shall each be at liberty to speak for one hour
and a half
Provided also that this rule shall not apply to a member
moving the second reading of a bill, or to the Prime Minister or to
the Leader of the Opposition or any member deputed by them
respectively to speak first in reply to such motion, who shall each
be at liberty to speak for one hour and a half
Provided also that the speech in reply, when such reply is
permitted, of a member who has moved a motion shall not exceed
half an hour
Provided further that with the consent of the House, to be
determined without debate, a member may be heard for a further
period not exceeding thirty minutes
Provided however that nothing in the foregoing provisions
shall be construed to suspend any of the Standing Orders of the
House relative to the closure or irrelevance and repetition.
With the permission of the Speaker, a member may explain
matters of a personal nature, although there be no question before
the House, but such matters may not be debated and he must
confine himself strictly to the vindication of his own conduct.
A member who has moved or seconded a motion (except a
motion for Adjournment or an amendment) before the House
without speaking to it, may address the House upon the subject of
such motion at any subsequent period of the debate.
Except in Committee, or in exercise of a right of reply, a
member may not speak more than once to the same question.
A right of reply is only allowed to a member who has
moved a substantive motion, not including an amendment to such a
moti on, or w ho has mo ved an order of the d ay, o r who has
presented the Financial Statement.
No member shall speak after the reply of the mover of a
motion.
No member may speak on a question after it has been fully
put, that is to say, after the Speaker or the Chairman has collected
the voices both of the Ayes and the Noes thereon.
No member shall speak against or reflect upon any vote of
the House except for the purpose of moving that such vote be
rescinded on due notice.
Whenever the Speaker or the Chairman rises during a
debate, any member then speaking or offering to speak shall sit
down, and the member shall be silent so that the Speaker or the
Chairman, as the case may be, may be heard without interruption.
The Speaker or the Chairman after having called the
attention of the House or of the Committee to the conduct of a
member who persists in irrelevance or tedious repetition, either of
his own argument or of the arguments used by other members in
debate, may direct him to discontinue his speech.
A motion may, however, be made that a member who has
risen "be now heard"; or that a member who is speaking "be not
heard" or "be not further heard".
This motion if accepted by the Speaker or the Chairman of
Committee shall be put forthwith and decided without amendment
or debate.
No member shall use the name of the President of Malta or
that of the Acting President of Malta disrespectfully in debates, nor
for the purpose of influencing the House in its deliberations.
No member shall use offensive or unbecoming words
against the character or proceedings of the House or in reference to
any member thereof. No bad motive shall be attributed to any
member.
Any member, having used objectionable words and not
retracting the same, or offering apologies for the use thereof, to the
satisfaction of the House, shall be censured or otherwise dealt with
as the House may think fit, and any member called to order shall sit
down unless permitted to explain.
Upon a question of order being raised in the House, the
member called to order shall resume his seat and after the question
of order has been stated to the Speaker by the member rising to the
question of order, the Speaker shall give his ruling thereon and
such ruling shall not be questioned during that sitting; provided
that it shall be competent for any member by motion made after
notice and within two days of the giving of such ruling, to move
that such ruling of the Speaker be reviewed and reported upon by
the House; such report shall be entered in the minutes of the
proceedings of the House.
(1) The Speaker or the Chairman may order any member
whose conduct is grossly disorderly to withdraw immediately from
the House during the remainder of that day’s sitting; and the
Serjeant-at-Arms or other officer authorised by the Speaker shall
act on such orders as he may receive from the Chair in pursuance of
this standing order.
(2) If however on any occasion the Speaker or the Chairman
deems that the powers conferred under this standing order are
inadequate to deal with the offence, he may in accordance with the
next following standing order name such member; or he may call
on the House to adjudge upon his conduct. Before the House
adjudges on the conduct of a member he may be allowed to make a
brief statement of the grounds on which he relies to exculpate
himself.
(3) Members ordered to withdraw in pursuance of this standing
order, or who are suspended from the service of the House in
pursuance of the next following standing order, shall forthwith
withdraw from the precincts of the House.
(1) Whenever any member shall have been named by the
Speaker or the Chairman immediately after the commission of the
offence of disregarding the authority of the Chair or of abusing the
rules of the House by persistently and wilfully obstructing the
2013. business of the House or otherwise, then, if the offence has been
committed by such member in the House, the Speaker shall
forthwith put the question, on a motion being made, no amendment,
Adjournment or debate being allowed, "That such member (naming
him) be suspended from the service of the House"; and if the
offence has been committed in a committee of the whole House, the
chairman shall forthwith suspend the proceedings of the committee
and report the circumstances to the House; and the Speaker shall
thereupon put the same question on a motion being made, without
amendment, adjournment or debate, as if the offence had been
committed in the House itself. If any member be suspended under
this order, his suspension on the first occasion shall continue for a
week, on the second occasion for a fortnight and on the third or any
subsequent occasion for one month.
(2) Provided that on receiving from the member so suspended a
written and approved expression of regret, to be entered in the
minutes of the proceedings of the House, the Speaker shall lay the
same before the House and on motion made forthwith put the
question for the discharge of the order of suspension without
amendment or adjournment, whereupon, if the question passes in
the affirmative, the order shall be discharged and the member re-
admitted; provided always that suspension from the service of the
House shall not exempt the member so suspended from serving on
any standing committee or select committee to sit on which he may
have been appointed previous to his suspension; provided also that
not more than one member shall be named at the same time, unless
several members, present together, have jointly disregarded the
authority of the Chair.
Every member against whom any charge has been made
having been heard in his place, shall withdraw while such charge is
under debate.
Any member who shall wilfully disobey any lawful order
of the House, and any member who shall wilfully or vexatiously
interrupt the orderly conduct of business of the House shall be
guilty of contempt.
Any member guilty of contempt as contemplated in the
preceding standing order may be ordered by the House to quit
immediately the Chamber and may be prohibited from entering it
during the whole sitting. The Serjeant-at-Arms or other officer
authorised by the Speaker, shall act on such orders as he may
receive from the House, in pursuance of this standing order.
In the case of great disorder arising in the House the
Speaker may, if he thinks it necessary to do so, adjourn the House
without question put or suspend any sitting for a time to be named
by him.
V. Financial Business
Except on the recommendation of the President of Malta
signified by a Minister, the House shall not -
(a) proceed upon any bill (including any amendment to a
bill) that, in the opinion of the person presiding in the
House, makes provision for imposing or increasing
any tax, for imposing or increasing any charge on the
revenues or other funds of Malta, or for altering any
such charge otherwise than by reducing it, or for
compounding or remitting any debt due to Malta;
(b) proceed upon any motion (including any amendment
to a motion) the effect of which, in the opinion of the
person residing in the House, would be to make
provision for any of the purposes aforesaid; and
(c) receive any petition which, in the opinion of the
person presiding in the House, requests that provision
be made for any of the purposes aforesaid.
Every recommendation by the President of Malta shall be
communicated by a Minister in the following terms: "His
Excellency the President of Malta, having been informed of the
subject matter of the proposed bill (or vote or resolution)
recommends it to the consideration of the House", and the same
shall be so entered in the minutes of the proceedings of the House.
VI - Financial Business - Supply
(1) On the occasion of a motion that the House do resolve
itself into a Committee of Supply for the consideration of the
General Estimates or of any Supplementary Estimate (whether
consisting of one or more heads) redress of grievances may be
considered and general discussion of the policy of the Government
may take place and amendments may be moved to the formal
question that the Speaker should leave the Chair.
(2) On all other occasions whenever the Committee of Supply
stands as an order of the day for the continuation of the discussion
of an estimate, the Speaker shall leave the Chair without question
put and the House shall forthwith resolve itself into a committee of
supply to consider such estimate.
(3)
(a) On the day the General Estimates are laid on the Table,
t h e M i n i s t e r i n c h a rg e s h a l l m a k e h i s F i n a n c i a l
Statement and move that the House do consider the
Estimates in Committee of Supply.
The debate shall then be adjourned for not less than a
week.
(b) The debate on the motion to go into Committee of
Supply shall not exceed two days (not including the
day on which the Financial Statement is delivered).
(c) Not more than seven sittings shall be allotted for the
consideration of the General Estimates in Committee
of Supply.
The days so allotted shall not include any day on which
the business of supply does not stand as the first order
of the day.
On motion made after notice, to be decided without
amendment or debate, additional time, not exceeding
three days, may be allotted for the business of supply.
(d) On the days allotted for the business of Supply no
motion (other than formal motions) shall be taken until
after the consideration of Supply, and no motions
under standing order 13 shall be entertained.
(e) On the days allotted for the business of Supply, at 9
p.m. the Chairman shall leave the Chair without
qu esti on p ut , an d m ake h is re po rt t o th e Ho use;
provided that if a question on any vote is then being
decided, by division, or a motion of closure has been
moved on any question, the Chairman shall not leave
the Chair till such division has been taken or the
motion of closure and any subsequent questions that
may arise thereon have been decided.
(f)
At 9 p.m. on the last of the days so allotted, the
Chairman shall forthwith put the question then under
consideration and shall then proceed to put the
question on the remaining votes of the Estimates one
by one, all such questions to be decided without
amendment or debate. He shall then leave the Chair,
without question put, and make his report to the
House.
When a motion is made in Committee of Supply to omit or
reduce any item of a vote, the question is proposed from the Chair
for omitting or reducing that item accordingly, and members shall
speak to that question only, until it has been disposed of; but in the
debate reference may be made to other items in the Estimates in
order to explain or illustrate the question under discussion.
When more than one reduction is moved in any vote, or
item of a vote, the question shall first be proposed from the Chair
on the largest reduction.
When several motions are offered they shall be taken in the
order in which the items to which they relate appear in the printed
estimates.
After a question has been proposed from the Chair for
omitting or reducing any item, no motion shall be made or debate
allowed upon any preceding item.
When it has been proposed to omit or reduce items in a
vote, the question shall be afterwards put upon the original vote, or
upon the reduced vote, as the case may be.
The Committee cannot attach a condition or an expression
of opinion to a vote nor alter its destination.
It shall be in order, at any time during the discussion of a
vote or item in a vote, to move the postponement of such vote,
provided such postponement be only until the remainder of the
votes of the Estimates in question shall have been disposed of.
An amendment including more than one item cannot be
proposed by way of reduction of an item, but must be moved as a
reduction of the whole vote.
When an item or vote has been disposed of, it shall not be
competent again to debate the same on a new or subsequent item
then under consideration, except for the purpose of explaining or
illustrating the question under discussion.
When all the supply grants necessary for the service of the
year have been voted by the Committee of Supply, a resolution is
moved in that committee authorising the Chairman to report
accordingly.
On the Speaker resuming the Chair the Chairman shall
report that the Committee has agreed to the estimates with or
without amendment.
A resolution shall then be moved authorising the grant out
of the Consolidated Fund of the money, or the balance of the
money, required, and ordering the Minister of Finance or other
Minister to bring in the Appropriation bill. When such bill is
presented it shall be deemed to have been read a first time and shall
be printed.
VII. Divisions
After the Speaker or the Chairman in a Committee of the
whole House shall have declared the result of the putting of any
question, any member who has given his voice with those who are
according to such declaration in the minority, may demand a
division of the House upon that question, whereupon a division
shall without debate take place unless it shall appear to the Chair
that such a demand is unnecessarily claimed.
After the lapse of twenty minutes the Speaker or Chairman
thereupon puts the question a second time and declares whether in
his opinion the "Ayes" or the "Noes" have it. If his decision is
challenged and if he thinks that a decision is unnecessarily claimed,
he may take the vote by calling successively upon the members
who support and upon the members who challenge his decision to
rise in their places. He may thereupon either declare the
determination of the House or the committee, or order the division
to proceed whereupon the doors shall be locked
Provided that the time occupied in taking divisions shall be
added to the time appointed for the interruption of business.
A member is not obliged to vote. Votes shall be taken
openly and entered in the minutes of the proceedings of the House.
The Speaker or the Chairman, as the case may be, shall forthwith
declare to the House the result of the division and shall state the
number of the "Ayes" and of the "Noes".
In case of confusion or error occurring concerning the
numbers reported, the House shall proceed to another division
unless the same can be otherwise corrected.
If the numbers have been inaccurately reported or an error
occurs in the names on the division report, the House on being
informed thereof shall order the report to be corrected.
No member shall be entitled to vote in any division unless
he is present in the House when the question is put for the second
time.
No member shall be entitled to vote in the House or in
committee of the whole House or appointed by the House upon any
question in which he has a direct pecuniary interest.
On a motion of which notice has been duly given it shall be
lawful for the House to suspend any member who has voted upon
any such question from attending its sittings for the rest of the
session.
Every member, however, shall be entitled to vote upon any
question relating to p ersonal em olum ents or parli am entary
allowance to which he might be entitled.
VIII. Bills
Every law shall be enacted in both the Maltese and the
English languages and, if there is any conflict between the Maltese
and the English texts of any law, the Maltese text shall prevail.
Subject to the provisions of standing order 82 every bill
shall be brought in upon motion made and question put "that leave
be given to bring in such a bill", unless it be brought up by a
committee appointed to draft the same in accordance with a
resolution of the House.
Should leave be given to bring in any bill, the bill shall be
deemed to have been read the first time, and upon a fair copy being
given to the Clerk shall be printed.
Under no circumstances, except as hereinbelow provided,
shall more than one stage of a bill be taken at the same sitting if any
member shall object thereto
Provided that bills of an urgent nature may, by leave of the
House, be passed with unusual expedition through their several
stages.
When a day has been fixed for the second reading of any
bill the Clerk of the House shall transmit or deliver to each member
of the House a printed copy of such bill and shall also cause it to be
published in the Malta Government Gazette if not already so
published.
(1) Motions may be made to amend the motion for the
second reading of a bill by leaving out all or some of the words
after "that" and substituting words which state some special reason
against the second reading of the bill, or by leaving out "now" and
adding at the end of the motion "upon this day six months" or other
time.
(2) Only the principle of a bill, as distinguished from its
details, shall be discussed on the motion for second reading, or on
any amendment thereto.
(1) Saving the provisions of standing orders 71 to 82 and
of paragraph (4) hereof, when a bill has been read a second time it
shall stand committed to a Committee of the whole House unless
the House on a motion which may be moved without notice and
1995. which shall be decided without amendment or debate orders it to be
referred to a standing or select committee
Provided that no bill shall be referred to a select or
standing committee as aforesaid if that bill provides for the
appropriation of funds from the Consolidated Fund or provides that
any expenses shall be a charge on the said Fund without the need of
any further appropriation other than the provisions thereof.
(2) If the motion made under paragraph (1) of this standing
order is not carried, the Speaker shall forthwith declare that the bill
stands committed to a committee of the whole House.
(3) The provisions of standing order 120B shall mutatis
mutandis apply to the composition and the appointment of members
on a standing or select committee appointed on a motion moved in
accordance with paragraph (1) of this standing order.
(4) Notwithstanding the provisions of the previous paragraphs
of this standing order a motion to commit a bill amending the
Constitution or a bill as is referred to in paragraph (a) of article 73
of the Constitution shall not be carried if objection is taken by any
member present.
On the order of the day being read for the Committee on a
bill the Speaker shall leave the Chair without question put, and the
House shall thereupon resolve itself into Committee.
The Chairman upon seating himself at the Table will
proceed to read the number and the marginal note of each clause in
succession. The preamble of the bill stands postponed until after
the consideration of the clauses and schedules, if any, without
question put.
It shall be an instruction to all committees of the House to
which bills may be committed that they have power to make such
amendments therein as they shall think fit, provided they be
relevant to the subject matter of the bill; but that if any such
amendments shall not be within the title of the bill they do amend
the title accordingly, and do report the same specially to the House.
The principle of the bill shall not be discussed in
Committee but only its details.
Upon a new clause being moved in Committee the Clerk of
the House shall read the marginal note of the clause and it is then
deemed to have been read the first time. The question is then
proposed that it be read a second time.
If the consideration of a bill in Committee of the whole
House is not completed by the time at which business is required to
be interrupted the Chairman shall report progress and ask leave to
sit again.
The Chairman may also, on motion made, be ordered to
report progress at any previous time.
At the close of the proceedings of a Committee of the
House on a bill, the Chairman shall be directed to report the bill to
the House with or without amendment; and in case such bill shall
be reported with amendments the House may order that the bill be
forthwith reprinted with all amendments thereto, and that a copy
thereof be delivered to every member.
When a bill has been reported with or without
amendments, it shall be ordered to be read a third time on such day
as may be appointed by the House, unless the member in charge
thereof shall desire to postpone its consideration or a motion shall
be made to recommit the bill either wholly or only in respect of
particular provisions or proposed provisions which shall be named
by the member responsible in his motion.
If a motion to recommit a bill be opposed the Speaker shall
permit a brief explanatory statement of the reasons for such
recommittal from the member who moves and from a member who
opposes any such motion respectively, and shall without further
debate put the question thereon.
No amendment not being merely verbal shall be made to
any bill on the third reading, but the bill may be recommitted on
motion made or the same amendments may be offered as on the
second reading (see standing order 95 "Amendments to second
reading").
No discussion shall be allowed on the third reading stage of
any bill except for proposing verbal amendments.
On the order for the first, second and third reading of a bill,
the Clerk shall read only the title thereof and no more.
When a bill is ultimately passed, or has been rejected, no
bill of the same substance shall be introduced again during the
current session.
IX. Committees of the Whole House
The Deputy Speaker shall be the Chairman of Committees
of the whole House. In his absence the Deputy Chairman, or such
other member as the House may appoint, shall take the Chair.
A Committee of the whole House is appointed by
resolution "That this House do now resolve itself into a
Committee" except in the cases provided for in standing orders
71(2), 97 and 102.
The quorum in Committee of the whole House shall consist
of the same number of members as shall be requisite to form a
quorum of the House.
If objection is taken by any member present or if it shall
appear upon a division in Committee of the whole House that a
quorum of members is not present, the presiding member shall
leave the Chair and the Speaker shall resume the Chair.
When the Chairman of a Committee of the whole House
shall report that fifteen members, exclusive of himself, are not
present the Speaker shall resume the Chair and shall, at the
ex pi rat io n of fiv e m i nut es, co un t the Ho use, and i f fi ft een
members, exclusive of the Speaker, be not present, he shall adjourn
the House, without question first put, till the next sitting day, and
the hour of such Adjournment and also the names of the members
present shall be entered in the minutes of the proceedings of the
House, and if sixteen members, exclusive of the Speaker, be
present the House shall again resolve itself into Committee, but if
fifteen members, exclusive of the Speaker, be present, the House
may proceed with other business.
Except as otherwise provided the rules as to procedure in
Committee of the whole House are those which apply to procedure
when the Speaker is in the Chair, except that -
(1) a motion need not be seconded;
(2) the previous question cannot be moved; and
(3) a member may speak more than once on the same
question.
A Committee of the whole House shall only consider such
matters as shall have been referred to it by the House.
A motion may be made during the proceedings of a
Committee of the whole House "That the Chairman do report
progress and ask leave to sit again", or "That the Chairman do now
leave the Chair", but if the Chairman shall be of the opinion that the
motion is an abuse of the rules of the House he may forthwith put
the question thereupon from the Chair, or he may decline to
propose the question thereupon to the committee.
Subject to the provisions of standing order 103, when all
matters referred to a Committee of the whole House shall have been
considered, the Chairman shall leave the Chair without question put
and shall report the same to the House.
When all such matters have not been considered the
Chairman shall report progress and ask leave to sit again.
Every report from a Committee of the whole House shall
be brought up without any question being put.
If any disorder shall arise in Committee of the whole
House the Speaker shall resume the Chair without any question
being put.
The Speaker shall also resume the Chair if a message be
announced from His Excellency the President of Malta.
X. Committees appointed by the House
Standing Committees
2013.
As soon as may be, and in any case not later than one
month after the House first meets after any general election, it shall
appoint the following standing committees
(i)
The Standing Committee on House Business;
1995. (ii)
The Standing Committee on Privileges;
(iii) The Standing Committee on Public Accounts;
(iv)
The Standing Committee on Foreign and European
Affairs;
(v)
The Standing Committee on Social Affairs;
(vi)
The Standing Committee on Family Affairs;
(vii) The Standing Committee on Economic and Financial
Affairs;
(viii) the Standing Committee on Health; and
2025. (ix)
the Standing Committee on Petitions.
(x)
The Standing Committee on Gozo Affairs.
(xi)
the Standing Committee on Information Technology and
Artificial Intelligence Affairs.
(xii) the Standing Committee on Education.
(1) In addition to the standing committees listed in
standing order 120A, the House may, on motion made after notice,
appoint such standing committee as may be necessary for the
consideration of bills or other business committed or referred by
1995. the House to a standing committee.
(2) A motion as is referred to in paragraph (1) of this standing
order shall
(a) fix the number of members to serve on the standing
committee which is to be so composed in such manner
as appears practicable to the House as fairly to
represent the House in general and the proportion of
Government and Opposition members in the House in
particular; and
(b) name the chairman who shall preside the standing
committee.
(3) Each side of the House shall nominate the members
representing it on a standing committee, and shall also nominate
alternate members for any members so appointed. The members
and alternate members representing the Government side shall be
nominated by the Leader of the House while the members and
alternate members representing the Opposition side shall be
nominated by the Leader of the Opposition. The name of members
and alternate members so nominated and appointed by the House
shall be recorded in the minutes of the sitting.
(4) Each side of the House may substitute any member or
alternate member nominated by it in accordance with paragraph (3)
hereof to represent it on a standing committee. Such substitution
shall only have effect after the Speaker is notified therewith. The
Speaker shall, at the first available opportunity, notify the House,
or, if the House is in recess, the Standing Committee on House
Business.
(5) Government bills referred to a standing committee shall
have precedence over the other business of the standing committee
and shall unless otherwise ordered by the House, be considered in
such order as the Standing Committee on House Business may
determine.
(1) Unless otherwise determined by the House, the
Standing Committee on House Business, shall have power to
(a) distribute bills and other business among the standing
committees appointed in accordance with the
1995. provisions of standing orders 96, 120A and 120B;
(b)
(i)
determine the number of sittings to be allotted
for the consideration of a bill by a standing
committee;
(ii) allocate business to each sitting of a standing
committee; and
(iii) determine the time when any business, if not
previously concluded, shall be concluded by a
standing committee; and
(c) consider all matters of procedure and business of the
House, and report its opinion thereon to the House
from time to time.
(2) A report of all resolutions carried by the Standing
Committee on House Business shall be made to the House at the
next sitting after a resolution is carried, immediately after question
time, and shall be recorded in the minutes of the proceedings of the
House.
(3)
(a) The Standing Committee on House Business shall be
constituted of the Leader of the House, two members
nominated by the Prime Minister and two members
nominated by the Leader of the Opposition.
(b) Three members in attendance shall constitute a
quorum.
(4) Alternate members shall also be appointed for each member
of the Standing Committee on House Business and the provisions
of paragraph (4) of standing order 120B shall also apply.
(5) The Standing Committee on House Business shall be
chaired by the Speaker who shall not vote unless on any question
the votes are equally divided, in which case he shall have and
exercise a casting vote.
(1) The Standing Committee on Privileges shall have
power to consider cases referred to it by the Speaker or by the
House and to take such decisions and to make such
recommendations as provided in these standing orders and in the
1995. House of Representatives (Privileges and Powers) Ordinance or in
any law from time to time substituting the said Ordinance.
(2) The standing committee shall be constituted of the Leader
of the House, two members nominated by the Prime Minister and
two members nominated by the Leader of the Opposition.
(3) The provisions of paragraphs (3), (4), and (5) of standing
o r d e r 1 2 0 C s h a l l m u t a t i s m u t a n d i s a p p l y t o t h e St a n d i n g
Committee on Privileges.
(4) The Standing Committee on Privileges shall, without
prejudice to the provisions of standing order 164, have power and
authority to summon witnesses and order the production of
documents before it. The Standing Committee on Privileges may
request the attendance of the Attorney General or of his
representative, who may also be authorised to participate in the
proceedings, but he shall in no case have a vote thereat.
(1) The Standing Committee on Public Accounts shall
have the power to
(a) inquire into matters relating to public accounts
referred to it by the House, a Minister or the Auditor
1995. General;
(b) inquire into expenditure as is referred to in articles
103(3) and 104 of the Constitution;
(c) examine the accounts of statutory authorities,
including parastatal organisations, whose accounts are
2016. presented to Parliament;
(d) to request the Auditor General to submit memoranda
on any matter where a request for such submission is
made by at least three members of the standing
committee;
(e) to consider memoranda submitted by the Auditor
General, made upon a request made to him in virtue of
sub-paragraph (d) hereof, or on his own initiative;
(f)
examine reports, and related documents, made by the
Auditor General;
(g) report to the House on any accounts, reports or
documents referred in the previous sub-paragraphs
hereof; and
(h) report to the House on any change that it considers
desirable in the form of the accounts, on the manner in
which they are kept, on revenue or expenditure or the
control of money.
(2) The Standing Committee on Public Accounts shall consist
of not more than seven members of whom four shall constitute a
quorum. The members shall be chosen so as fairly to represent the
House in general and the proportion of Government and Opposition
members in particular.
(3) The provisions of paragraphs (3) and (4) of standing order
120B shall apply to the Standing Committee on Public Accounts.
(4) One of the members nominated by the Leader of the
Opposition and so designated by him after consultation with the
Leader of the House shall be appointed Chairman of the Standing
Committee on Public Accounts. The chairman shall have an
original vote but shall not have a casting vote.
(5) When a Minister, Parliamentary Secretary or Member is a
member of the Committee and the Committee has before it a
subject or a sector for its scrutiny of which that member of the
Committee is or was directly responsible or was involved in during
the period under discussion, that member of the Committee shall
cede his place in favour of another Member for the meetings where
the said subject or sector is being discussed according to the
manner provided for in the Standing Orders.
(1) The Standing Committee on Foreign and European
Affairs shall consist of not more than nine members of whom five
shall constitute a quorum. The members shall be chosen so as fairly
to represent the House in general and the proportion of Government
and Opposition members in particular
1995. Provided that the Government members appointed on the
standing committee shall include the Minister for Foreign Affairs
2003. who shall have the right to participate and to vote
Provided further that members of the European Parliament
elected from Malta shall have the right to participate in the work of
the standing committee but shall not have the right to vote or to
move motions and amendments.
(2) The Chairperson of the standing committee shall be
nominated by the Leader of the House from amongst the members
representing the Government side, provided that any member of the
committee may, at any time, be appointed by the Leader of the
House to act as Chairperson in case of the unavoidable absence of
the Chairperson.
(3) The standing committee shall have the power to appoint
select sub-committees and to delegate any of its functions to such
sub-committees
Provided that the composition of any sub-committee
appointed by the standing committee shall be determined by the
standing committee so as fairly to represent the House in general
and the proportion of Government and Opposition members in
particular.
(4) Subject to what is stated in this standing order, the
provisions of paragraphs (3) and (4) of standing order 120B shall
mutatis mutandis apply to the Standing Committee on Foreign and
European Affairs.
(5) The Standing Committee on Foreign and European Affairs
shall have the following functions
(i)
to deal with matters relating to foreign and European
Union affairs which may be referred to it by the House
or by the Standing Committee on House Business;
(ii) in the context of European Union issues and measures
to be taken by the Council of Ministers of the
European Union, to scrutinise on its own initiative -
(a) any proposals under the Community treaties for
legislation by the Council or the Council acting
jointly with the European Parliament;
(b) any document which is published for submission
to the European Council, the Council or the
European Central Bank;
(c) any proposal for a common strategy, a joint
action or a common position under Title V of the
Treaty on European Union which is prepared for
submission to the Council or to the European
Council;
(d) any proposal for a common position, framework
decision or a convention under Title VI of the
Treaty on European Union which is prepared for
submission to the Council;
(e) any document (not falling within sub-paragraphs
(b), (c) or (d) above) which is published by one
Union institution and which does not relate
exclusively to the consideration of any proposal
for legislation;
(f) any other document relating to European Union
matters placed on the Table of the House by any
Minister;
(iii) to represent the House of Representatives of Malta at
the Conference of European Affairs Committees
(COSAC).
(1) The Standing Committee on Social Affairs shall deal
with all matters relating to social policy, including social assistance
and family matters, which may be referred to it by the House or by
the Standing Committee on House Business.
1995. (2) The provisions of paragraphs (2) and (3) of standing order
120E shall mutatis mutandis apply to the Standing Committee on
Social Affairs.
(1) The Standing Committee on Family Affairs shall deal
with all matters relating to the family, including the appraisal,
analysis and monitoring of current and future family legislation and
policies, and such other matters relating to the family as may be
2011. referred to it by the House or by the Standing Committee on House
Business.
(2) The Standing Committee on Family Affairs shall consist of
five members, three of whom shall be appointed from the
Government side, one of whom shall be nominated as Chairman
and two from the Opposition side.
(3)
The provisions of paragraph (3) of standing order 120E
shall mutatis mutandis apply to the Standing Committee on Family
Affairs.
(1) The Standing Committee on Economic and Financial
Affairs shall
(a) on its own initiative, consider from an economic and
financial perspective, any decision, recommendation
or report published locally, by the European
2013. Institutions or by international organisations, that
could have an impact on the Maltese economy;
(b) request persons appointed by the Government of Malta
to represent it on the governing and administrative
organs of the European Stability Mechanism (ESM), as
provided for in article 7 of the Participation and
Granting of Financial Stability Support under the
European Stability Mechanism Act, to appear before
the committee for the purpose of rendering account of
the workings of the ESM and of the European
Financial Stability Facility (EFSF);
(c) request the Governor of the Central Bank of Malta to
appear before the committee as provided for in article
8(6) of the Central Bank of Malta Act;
(d) consider every matter or report that may be referred to
it by the House or the Standing Committee on House
Business; and
(e) consider every matter or report that may be referred to
it by a committee of the House.
(2) The Standing Committee on Economic and Financial
Affairs shall be constituted of not more than seven members, where
four members shall constitute a quorum. The members should be
chosen in such manner as appears practicable to the House as fairly
to represent the House in general and the proportion of Government
and Opposition members in the House in particular.
(3) One of the members nominated by the Government shall be
appointed as Chairman of the committee.
(4) The provisions of paragraphs (3) and (4) of standing order
120B shall mutatis mutandis apply to the Standing Committee on
Economic and Financial Affairs.
(1) The Standing Committee on Health shall have the
power to
(a) on its own initiative, discuss policies and matters in
the health sphere which have a strategic importance
2014. and are of material interest to patients, and report
thereon to the House;
(b) evaluate all reports, strategic plans, task plans as well
as all policies referred to it by the House, by the
Minister or by any other Standing Committee;
(c) evaluate matters and items relating to capital and
recurrent expenditure of such departments, statutory
authorities and public organizations which operate in
the public health field;
(d) evaluate matters and items relating to public health
and the rights of the patient;
(e) discuss and analyse the impact of governmental
decisions and those of the European Union in the
health field;
(f)
examine and report back to the House matters
connected with reports and related documents, which
are compiled by the Auditor General or by the
Commissioner for Health;
(g) request the Commissioner for Health to appear before
the Committee on matters related to his work; and
(h) request persons to appear before the same Committee
in order to give a presentation and a statement
regarding their tasks and their responsibilities in the
spheres which fall under this same Committee.
(2) The Standing Committee on Health shall be composed of
not more than five members, three of whom shall constitute a
quorum. The members shall be chosen in such manner that they
will truly represent the House in a general and proportional manner,
in particular according to the number of Government and
Opposition Members.
(3) One of the Members nominated by the Government shall
be appointed Chairperson of the Committee.
(4) The provisions of paragraphs (3) and (4) of Standing Order
120B shall, mutatis mutandis, apply to Standing Committee on
Health.
(1) The Standing Committee on Petitions shall have the
power to consider petitions received by the House in the manner
established by the Standing Orders.
(2) The Standing Committee on Petitions shall be constituted of
2016. five members, of which three members shall be nominated by the
Government side, one of whom being the Chair of the Committee,
2020. and of two members nominated by the Opposition.
(3) The provisions of paragraphs (3) and (4) of Standing Order
120B shall apply mutatis mutandis to the Standing Committee on
Petitions.
(4) The Standing Committee on Petitions may establish, and
from time to time update, guidelines to better regulate its work in
accordance with those functions and powers assigned to it under
these Standing Orders and/or any other law.
These guidelines shall be approved by the Standing Committee for
House Business, and immediately after such approval, shall be laid on
the Table of the House by the Speaker in his official capacity as
Chairman of the Standing Committee for House Business.
(1) The Standing Committee on Gozo Affairs shall deal
with all matters relating to Gozo and to evaluate, analyse and
scrutinise legislation which concerns or impacts Gozo affairs in any
way.
2020. (2) The Standing Committee on Gozo Affairs shall consist of
not more than five members, of whom three shall constitute a
quorum. The members are to be appointed in such manner as
appears practicable to the House as fairly to represent the House in
general and the proportion of Government and Opposition members
in the House in particular
(3) One of the members nominated by the Government shall be
appointed as chairman of the Committee.
(4) The provisions of paragraphs (3) and (4) of standing order
120B shall mutatis mutandis apply to the Standing Committee on
Gozo Affairs.
(1) The Standing Committee on Information Technology
and Artificial Intelligence Affairs shall
(a) on its own initiative, consider any issue in the digital
field that has an impact on any sphere of society and
report thereon to the House;
(b) examine any report, strategic plan, work plan or policy
2025. referred to it by the House, by a Minister or by any
other Standing Committee.
(2) The Standing Committee on Information Technology and
Artificial Intelligence Affairs shall be constituted of not more than
seven members, where four members shall constitute a quorum.
The Members s hould b e c hosen i n such m anne r as appe ars
practicable to the House as fairly to represent the House in general,
and the proportion of Government and Opposition members in the
House in particular.
(3) One of the Members nominated by the Government shall be
appointed as Chairman of the Committee.
(4) The provisions of paragraphs (3) and (4) of Standing Order
120B shall mutatis mutandis apply to the Standing Committee on
Information Technology and Artificial Intelligence Affairs.”.
(1) The Standing Committee on Education shall
(a) consider all matters related to education including the
evaluation, analysis and verification of present and
2025. proposed legislation and policy;
(b) evaluate all reports, strategic plans, task plans as well
as all policies referred to it by the House, by the
Minister or by any other Standing Committee.
(2) The Standing Committee on Education shall be constituted
of not more than seven members, where four members shall
constitute a quorum. The Members should be chosen in such
manner as appears practicable to the House as fairly to represent
the House in general and the proportion of Government and
Opposition members in the House in particular.
(3) One of the Members nominated by the Government shall be
appointed as Chairman of the Committee.
(4) The provisions of paragraphs (3) and (4) of Standing Order
120B shall mutatis mutandis apply to the Standing Committee on
Education.
Select Committees
2013.
The House may appoint a select committee of its members
for the purpose of investigating any subject. It shall be competent
for the Speaker to be appointed a member of any select committee
of the House.
No select committee shall be moved for without notice, nor
shall it without leave of the House consist of more than seven
members; such leave shall not be moved for without notice. In the
case of members proposed to be added or substituted after the first
appointment of the committee the notice shall include the names of
the members proposed to be added or substituted; in no case shall a
select committee consist of an even number of members.
General Provisions
2013.
At least one day’s notice shall be given of the names of
members proposed to serve upon a standing committee or a select
committee, but provided such notice has been given the
appointment may be made immediately after the motion for the
1995. setting up of the committee.
(Deleted by Resolution 198 of 1995).
(Deleted by Resolution 198 of 1995).
(1) Notice of meetings of standing committees and of
select standing committees shall be given to the Clerk of the House
before 1 p.m. of the day previous to that appointed for the meeting
by the chairman of the committee.
(2) A committee to which a bill or other business has been
1995. committed shall meet to consider such business on the day and at
the hour named by the Chairman thereof or by the Standing
Committee on House Business. If the consideration of the business
is not concluded at that sitting the committee shall meet further to
consider the business on such day and time as may be decided by
the committee or as may have been previously directed by the
Standing Committee on House Business.
(3) If a committee is not previously adjourned, the chairman
shall adjourn the committee without putting any question at the
hour of interruption of business
Provided that
(i)
if in the opinion of the chairman, the proceedings on
the bill or other business may be concluded by a short
extension of the sitting, he may postpone the
Adjournment of the committee to not later than fifteen
minutes after the hour of interruption of business;
(ii)
if in accordance with an order given pursuant to item
(i) of subparagraph (b) of paragraph (1) of standing
order 120C, proceedings are required to be concluded
at the time when the chairman is required to adjourn
the committee under this paragraph, he shall not
adjourn the committee until the question for the
closure of the debate, the question or questions
consequent thereon and on any further motion as
provided in that order, have been decided.
List of all members serving on each standing committee
and select committee shall be affixed in a conspicuous place in the
Office of the House of Representatives or such other place or
places as may be chosen by the Speaker.
1995.
In all standing committees and select committees, unless
otherwise ordered by the House or unless otherwise provided in
these standing orders, three members of the committee shall form a
1995. quorum. No committee shall proceed to business unless a quorum
be present and if a quorum be not present within ten minutes of the
appointed hour, or any less time at the pleasure of the member or
members attending, the chairman or in his absence any other
member present, shall appoint a day and hour for the next meeting
of the committee, provided that such next meeting shall, unless
otherwise directed by the Standing Committee on House Business,
be held within the next seven days.
(Deleted by Resolution 198 of 1995).
Unless otherwise provided in these standing orders or
unless otherwise ordered by the House, every standing committee
and every select committee previous to the commencement of
business shall elect one of its members to be chairman, who besides
1995. his vote as a member, shall in case of an equality of votes have a
casting vote. Where the chairman of a standing committee or of a
select committee is unavoidably absent, the members thereof shall
elect a person from among themselves to act as chairman.
An entry shall be made of the proceedings of such
committee, of the names of the members attending each meeting,
and of every motion or amendment proposed in the committee
together with the names of the movers thereof; and if any division
takes place in the committee, the committee clerk shall take down
the names of the members voting in any such division,
distinguishing on which side of the question they respectively vote,
and all such entries or minutes shall be recorded and reported to the
House on the report of such committee.
Any standing committee and any select committee shall
have power to summon witnesses and to order the production of
documents and reports before it, at such time and place as may be
indicated in the relative warrant and at such place and time to
1995. which the meeting of the committee may be adjourned. Witnesses
may be ordered to attend by means of a warrant issued by the
chairman of the relative committee and signed by the clerk; any
o a t h o r a ff i r m a t i o n t a k e n o r m a d e b y a n y w i t n e s s m a y b e
administered by the chairman or by the clerk attending such
committee.
The minutes of the proceedings of the Committee on each
day and also the report of such committee shall be signed by the
chairman thereof.
(1) Any notice of an amendment to a bill which has been
committed or referred to a standing committee, shall stand referred
to the committee, and the chairman shall have like powers as are
given to the Speaker and Chairman of Committees by standing
1995. order 44.
(2) The provisions of paragraphs (1) and (2) of standing order
16 shall apply to the standing committees.
(3) The chairman of a standing committee shall have the
powers as are given to the Chairman of a Committee of the whole
House including the powers under standing orders 15, 48, 57, 63
and 99.
(4) On a division being called in the House or a Committee of
the whole House, the chairman of a standing committee or of a
select committee shall suspend the proceedings of the committee
for such time as will enable members to vote in the division and
return to the committee.
The provisions of standing orders 103 and 104 shall apply
to a bill which has been reported upon by a standing committee or a
select committee.
1995.
(1) Every committee shall have leave to report to the
House its opinion and observations upon any matter referred to it
for consideration, together with the minutes of the evidence taken
before it, as well as to make special reports on any matter which it
1995. may think fit to bring to the notice of the House. Minority reports,
if any, shall be presented together with the report of the committee.
2013. (2) The proceedings of, or evidence taken by, or the report of
any standing committee or select committee, or the summary of
such proceedings, evidence or report, shall not be published by any
member of such committee or by any other person, except with the
permission of the House, until the report of such committee has
been laid on the Table of the House.
(3) Where evidence before a standing committee or a select
committee has been given at a meeting open to the public, no
complaint of privilege shall be entertained on the ground that such
evidence has been published before having been reported to the
House.
The report of a standing committee or of a select
committee shall be brought up by the chairman and may be ordered
to be laid on the Table, or may be otherwise dealt with as the House
1995. may direct.
Every standing committee and every select committee may,
in its discretion, resolve not to allow strangers to be present during
any of its proceedings.
1995.
(Deleted by Resolution 198 of 1995).
Counsel and experts, when appearing before a standing
committee or before a select committee, shall be bound to observe
such directions and conform to such rules in the conduct of matters
before such committee as shall be required by the chairman thereof.
1995. XI. - Petitions
(1) A petition can be either made in writing or
electronically.
(2) Every petition shall be free from interlineations or erasures
2016. and in the form shown in the appendix to these standing orders.
No applications may be made by petition for grants of
public money, for compounding sums of money due to the Republic
of Malta, nor for the remission of duties payable by any person.
This rule, however, shall not be construed so as to prevent any
person from praying the House to take his case into consideration
for the purpose of obtaining for him such relief as he shall appear to
the House to be entitled to.
Every petition shall be written in the Maltese or English
language and shall be signed by the petitioner. In case of incapacity
to write, petitioners shall affix their marks and have them legally
certified.
No reference shall be made in a petition to any debate in
the House, nor to any intended motion, unless a notice of such
motion stands upon the order paper of the House.
Petitions may be presented
(a) by a member or members in writing
Provided that no member may present his own petition
2016. but such petition may be presented by any other
member; or
(b) by a citizen in electronic form on the Parliament
website.
Every petition shall, before it is presented, be signed at the
beginning thereof by the member in charge of it, and deposited for
at least one clear day with the Clerk of the House, who, after
examining the same, shall submit it for the Speaker’s approval and
2016. no petition shall be presented to the House until such approval has
been obtained. Such approval shall be conveyed by the petition
being certified by the Clerk of the House as follows: "House of
Representatives, Passed by the Speaker". The same verifications
shall be made by the Clerk of the House when a petition is
presented by a citizen.
Any member before presenting a petition shall ascertain
the number of signatures to the petition, and shall write the same
number at the head of the petition. The same verifications shall be
made by the Clerk of the House when a petition is presented by a
2016. citizen.
It shall be incumbent on every member presenting a
petition to acquaint himself with the contents thereof and to
ascertain that it does not contain language disrespectful to the
House.
Every member offering to present a petition to the House,
shall confine himself to a statement of the parties from whom it
comes, of the number of signatures attached to it, of the material
allegations contained in it, and to the reading of the prayer of such
petition.
Every petition not containing matter in breach of the
privileges of the House, and which, according to the rules or usual
practice of the House, can be received, shall be brought to the Table
by the direction of the Speaker, who shall not allow any debate, or
any member to speak thereon or in relation to such petition; but it
may be read by the Clerk of the House, if required.
Every petition, both if presented by a member or by a
citizen, shall be discussed in the Standing Committee on Petitions.
After the said discussion the Committee shall decide whether the
petition shall be referred to a Standing Committee or to a Select
Committee or whether a discussion should be held in the whole
House. It shall also be possible for a petition to be referred to a
2013. Ministry, Department or Authority. It may be decided that no
further action be taken on the petition or that the petition be laid on
2016. the Table of the House with or without comments by the Standing
Committee on Petitions.
XII. The Speaker, Deputy Speaker, and Deputy Chairman
(1) There shall preside at any sitting of the House the
Speaker or, in his absence, the Deputy Speaker or, in their absence,
a member of the House (not being a Minister or a Parliamentary
Secretary) elected by the House for the sitting.
(2) References in this standing order to circumstances in which
the Speaker or Deputy Speaker is absent include references to
circumstances in which the office of Speaker or Deputy Speaker is
vacant.
The Chairman of Committees shall take the Chair as
Deputy Speaker whenever requested to do so by the Speaker for
short intervals during a sitting of the House without any formal
communication to the House.
When a vacancy has occurred in the office of Speaker or
Deputy Speaker, the Clerk of the House shall report the same to the
House, and the House shall forthwith proceed to the election of a
new Speaker or Deputy Speaker in the manner hereinbefore
provided.
The House may appoint a Deputy Chairman of Committees
who shall take the Chair, whenever requested to do so by the
Chairman of Committees or when the Chairman of Committees is
absent and who shall be entitled to exercise all the powers vested in
the chairman of committees including his powers as Deputy
Speaker.
XIII. Members and Privileges of the House
Every member shall at the commencement of each session
or as soon as he shall have taken his seat, enter his name and
address and also his address during the session in a book to be kept
by the Clerk of the House.
It is the duty of every member of the House to attend its
service and that of any standing committee or select committee of
which he may be a member.
2013.
The seat of a member of the House shall become vacant if
he shall absent himself from the sittings of the House for a period
of two months during any session thereof, provided that a member
shall not have been deemed to have been absent from any sitting if
his absence therefrom shall have been approved by the Speaker
within a period of two months from such sitting.
A member shall be excused from service in the House or on
any committee thereof so long as he has leave of absence from the
Speaker.
2016. Members who are on business related to the House, the
Parliamentary Group or on official party business, and Ministers
and Parliamentary Secretaries on Government business and
Members of Parliament who accompany a Minister or a
Parliamentary Secretary on Government business, outside Malta
shall be entered in the minutes of the House as being excused. It
shall be the responsibility of the Whips to ensure that they inform
the Speaker of those Members who are to be considered excused
and for what reason.
The Minutes shall distinguish between Members who are
abroad on Parliamentary, Government, Parliamentary Group or
official party business.
Members who are sick or are subject to an extraordinary
circumstance shall be entered in the minutes of the House as
excused, after producing evidence which will have been approved
as such by the Speaker.
(1) If a Member is absent during the whole of a
parliamentary day without leave of absence, he shall be liable to an
administrative penalty. The administrative penalty shall amount to
fifty euro (€50) and shall apply to all Members of Parliament,
including Ministers and Parliamentary Secretaries.
2013. (2) The administrative penalties due shall be paid to the Clerk of
the House within six months from when they become due and after
2016. the lapse of that period the Clerk of the House may demand the
payment of the said penalties as a civil debt.
For the purposes of this standing order "parliamentary day"
means a day during which parliamentary work is carried out and
which consists of a sitting or more of the House, or of such sitting
or sittings and work of Parliamentary Committees.
Every member shall be uncovered when he enters or leaves
the House or moves to any part of the House during a debate, and
shall make obeisance to the Chair in passing to or from his seat or
across the House. No member shall pass between the Chair and any
member who is speaking, nor between the Chair and the Table, nor
shall he stand in any of the passages.
The House of Representatives and the members thereof
shall enjoy all the privileges, immunities and powers defined in the
House of Representatives (Privileges and Powers) Ordinance.
XIV. Officers of the House
There shall be a Clerk of the House and such other officers
and as may from time to time be appointed to assist him.
In the case of the unavoidable absence from any cause of
the Clerk of the House, his duties shall be performed by the Clerk
Assistant.
XV. Witnesses
The House shall have power and authority to summon
before the House itself or before any committee thereof any person
to give evidence or advice with regard to any matter within the
jurisdiction of the House, subject to the provisions of the House of
Representatives (Privileges and Powers) Ordinance.
XVI. Strangers
Strangers may be present at the sittings of the House in the
places set apart for them but must withdraw when called upon to do
so by the Speaker, or, if the House is in Committee, by the
chairman.
No strangers are admissible as of right.
Strangers in the House shall stay uncovered and be silent
and shall abstain from expressing any approval or disapproval.
Every member of the House may obtain for each sitting
two tickets for the admission of strangers from the Clerk of the
House, and on each of such tickets he may insert the name of one
person, signing also his own name thereon, such ticket to be
available for the sitting of the day of which it shall bear date, and
no person shall be admitted who does not deliver to the doorkeeper
his ticket of admission.
The Serjeant at Arms attending the House shall remove, or
cause to be removed, any stranger who may have entered the House
without a ticket of admission, or who may be in any part of the
House appropriated to the members of the House; and also any
stranger who, having been admitted into any part of the House,
shall misconduct himself or shall not withdraw when ordered to do
so or when strangers are directed to withdraw from the House.
No member of the House shall bring any stranger into any
part of the House appropriated to the members of the House while
the House or a committee of the whole House is sitting.
On a motion from any member that strangers do withdraw,
the Speaker or the Chairman (as the case may be) shall forthwith
put the question "That Strangers be ordered to withdraw" without
permitting any debate or amendment; provided that the Speaker or
the Chairman may, whenever he thinks fit, order the withdrawal of
strangers from any part of the Chamber.
XVII. Records of the House: Duties of the Clerk
Every vote and proceeding of the House shall be noted by
the Clerk and recorded in the Maltese and English languages. Such
votes and proceedings, after being signed by the Clerk of the
House, and after having been confirmed by the House, shall be
countersigned by the Speaker and shall constitute the minutes of
the proceedings of the House.
The Clerk shall have the custody of all the minutes, records
or other documents belonging to the House, and he shall neither
take nor permit to be taken any such minutes, records or other
documents from the chambers or offices without the express leave
or order of the House.
All debates and discussions in the House of
Representatives shall be taken down by officers appointed to this
effect, and after having been perused and signed by the Clerk and
by the Speaker, shall be printed and shall constitute the journals of the
House.
2015. In the case, however, of sittings held behind closed doors,
the House may order that the debates and discussions be not taken
down, or alternatively, although taken down as stated above, be not
printed or reproduced in the journals of the House.
173A.(1) The House authorises on such terms, conditions and
regulations as may be determined by the House Business
Committee from time to time, both live and recorded audio / video
broadcasts of the sittings of the House of Representatives in
2015. plenary and of the Committees appointed by the House in their
entirety over radio, television, the internet or any other medium
that may be deemed appropriate by the House Business Committee.
(2) The sittings of the House of Representatives in plenary
shall be broadcast in their entirety on radio by live transmission by
the Public Broadcasting Services.
(3) The Speaker may order the interruption of such
transmissions whenever, in his opinion, such interruption is
necessary.
(4) In the case of sittings held behind closed doors, such
sittings shall not be broadcast.
Every member of the House shall be entitled to read, and if
he shall so desire, take extracts from or copies of all papers laid
upon the Table of the House.
The Clerk of the House, to whom all correspondence shall
be addressed, shall be responsible to the House under the direction
of the Speaker, for the regulation of all matters connected with the
business of the House, and shall have the direction and control over
all the officers and clerks employed by the House, subject to such
orders as he may from time to time receive from the Speaker.
The Office of the Clerk shall be open during the period
when the House is not in session, daily, Sundays and public
holidays excepted, during such hours as the Speaker may appoint.
XVIII. Enactment of Laws
The Clerk of the House shall present to the President of
Malta for his assent a fair copy in the Maltese and English
languages of any bill passed by the House of Representatives; and,
after any such bill shall have been assented to by the President of
Malta, it shall without delay be published in the Government
Gazette.
Upon the discovery of any clerical error in any bill which
shall have passed and before the same be presented to the President
of Malta for his assent thereto, the Speaker shall report such error
to the House, and the House shall thereupon deal with the same
forthwith.
(Deleted by Legal Notice 46 of 1965).
In the enactment of laws the following rules and
regulations shall be observed, that is to say
(1) (Deleted by Legal Notice 46 of 1965).
(2) All Acts are to be distinguished by titles and shall be
divided in successive clauses or paragraphs
consecutively numbered, and to every such clause
there shall be annexed in the margin a short summary
of its contents. The Acts of each year shall be
distinguished by consecutive numbers, commencing in
each year with the number one.
(3) Each different matter is to be provided for by a
different Act without intermixing in one and the same
Act such things as have no proper relation to each
other; and no clause is to be inserted in or annexed to
any Act which shall be foreign to what the title of such
Act imports.
XIX. Accounts, Papers and Printing
The House may request that accounts, returns, reports and
papers shall be laid before the House, provided that no
departmental file of a confidential character need be laid before the
House.
Accounts, returns, reports and papers may also be ordered
to be laid before the House by command of the President of Malta.
A copy of every paper ordered to be printed by the House
shall be delivered to each member of the House.
XX. Messages from the President of Malta
A message from the President of Malta shall be brought to
the House by a Minister but not during a debate. The Minister shall
inform the Speaker that he has a message from the President of
Malta to the House, and then, on being so desired by the Speaker,
he shall bring the message to the Chair and deliver it to the
Speaker, who shall then read it to the House.
If necessary a date shall be fixed for taking the message
into consideration, or motion may be made without notice to take
the same into consideration in the same sitting as soon as the
business before the House shall have been concluded
Communications of a less formal character may be made
verbally to the House, on behalf of the President of Malta, by a
Minister.
XXI. Addresses to the President of Malta
Whenever it be deemed proper to present an Address to the
President of Malta, the same shall be proposed on motion after
notice in the usual manner.
(Omitted under Act IX of 1980).
Any communication or request which the House shall have
to submit to the President of Malta shall be offered by way of
respectful Address, and all Addresses shall be signed by the
Speaker and the Clerk of the House.
Addresses to the President of Malta shall be presented or
forwarded by the Speaker unless the House otherwise directs.
When an Address is ordered to be presented by the whole
House, the Speaker with the House shall proceed to such place as
the President of Malta may appoint. The Speaker shall read the
Address to the President of Malta, the members who moved and
seconded such Address being on his left hand.
The President of Malta’s reply to any Address presented by
the whole House shall be reported by the Speaker to the House.
Every message from the President of Malta to the House
shall be acknowledged by an Address of the House or in such other
way as the House shall determine.
XXII. Miscellaneous
Any standing order of the House may be suspended upon
motion made without notice, provided that no objection is taken by
any member present.
However, any standing order of the House may be
suspended upon motion made after notice, such motion being
carried by a majority of those present and voting.
The suspension of standing orders is limited in its
operation to the particular purpose for which such suspension has
been sought.
In all cases not provided for by these Standing Orders,
resort shall be had to the rules, forms, usages and practice of the
Commons’ House of Parliament of the United Kingdom, which
shall be followed as far as they can be applied to the proceedings of
the House, with due regard to the special nature of the Constitution.
APPENDIX
2016. Form of petition to the House of Representatives
To the Honourable the Speaker and Members of the House of
Representatives of Malta
The Petition of
(provide a brief description of the petitioner/s.)
Declares that
(state the grievance to be brought to the notice of the House)
Wherefore your petitioner/s respectfully requests the House of
Representatives to
(state clearly what action is being requested to be taken)
The petitioner/s as in duty bound shall remain
(closing remarks)
(Details for Paper Petitions: ID, name and surname, address and signatures to
immediately follow) / (Details for Electronic Petitions: ID, name and surname,
address and email address to immediately follow).