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Maltese Laws |
HOUSE OF REPRESENTATIVES
(PRIVILEGES AND POWERS) ORDINANCE
To establish the privileges of the House of Representatives, to give the House of Representatives certain powers and to provide for other matters connected therewith.
(15th October 1942)*
ORDINANCE XX of 1942, as amended by Ordinance VI of 1959; Acts: XIII of 1974, XXII of 1976, IV and XIII of 1983 and XI of 1995; and Legal Notice 409 of 2007.
Representatives (Privileges and Powers) Ordinance.
3. (1) For the duration of the session members of the House shall enjoy freedom from arrest for civil debt provided this be not fraudulent
or otherwise in contravention of the Criminal Code.
(2) The privileges established by this Ordinance shall be in addition to and not in derogation of any other privilege established
under the provisions of any other law now in force.
Short title. Amended by: IV. 1983.2.
Immunity from legal proceedings. Amended by:
IV. 1983.2
Privileges. Amended by: IV. 1983.2. Cap. 9.
(2) Articles 566, 588, 589, 590(1) and 590(2) (so far as it refers to the discovery of naval, military and air force matters)
of the Code of Organization and Civil Procedure shall apply to witnesses or experts giving evidence or an opinion before the House.
(3) The House may administer an oath or an affirmation where an affirmation would be admitted in a court of justice as provided
in article 111 of the Code of Organization and Civil Procedure to all persons examined before it as aforesaid.
(4) Any such oath or affirmation shall be administered by the
Clerk of the House.
Power of House to order attendance of witnesses. Amended by:
XXII. 1976.4; IV. 1983.2.
Cap. 12.
Cap. 12.
*See Government Notice No. 544 of 19th October, 1942.
Witnesses to be ordered to attend by warrant. Amended by:
IV. 1983.2.
Cap. 12.
(2) The warrant may contain such directions as regards the producti on of docum ents, books, pape rs or other objects
as the House considers necessary in each particular case:
Provided that no person shall be bound to produce documents the production of which may not be demanded under the
provisions of article 637 of the Code of Org a nization and Civi l Procedure.
(3) A copy of such warrant shall be served by a messenger of the House or by a Police officer on the witness or expert either by
th e deli very t h ereof t o h im or by t h e l e av in g th er eo f wit h an y member of his household, not being a minor, at his
usual place of abode, at least twenty-four hours before the time at which he is to attend before the House.
(4) The officer effecting service shall in every case draw up a certificate showing on whom and how service was effected.
When power for taking evidence or expert opinion may be delegated. Amended by: XXII.1976.4; IV.1983.2.
Delegation of power to take evi- dence and expert opinion to a Com- mittee of the House.
Amended by: IV. 1983.2.
Substituted by: XI.1995.2.
Disobedience to order of House. Amended by:
IV. 1983.2.
(2) A person who fails to attend before the House when so required as aforesaid may be compelled to attend by warrant of
arrest issued by order of the House, signed by the Clerk thereof and executed by the Police.
9. An oath or affirmation taken or made by a witness or by an exp e r t b e fo re th e Hou s e o f Rep r esent a t i ves o r any Co
mmitt ee thereof shall for the purposes of the Criminal Code be comparable to an oath o r affirmation taken or m a de before a court in civil matters.
10. Articles 4, 5 and 6 and Schedules A and C of the Witnesses (Fees) Ordinance shall apply to witnesses and to experts summoned under article 4(1) and experts so summoned shall for the purposes of the said Schedule
A be deemed to be witnesses called to give evidence on scientific matters.
11. (1) Where it appears prima facie to the Speaker that a person, whether a Member of the House or not, has committed any of the acts referred to in subarticle (4),
he shall, refer the matter to a committee set up in accordance with article 7 and to be styled Committee of Privileges. The term
"prima facie" shall mean that a complaint raised alleges a breach of a rule set out in this Ordinance or in the Standing Orders of the House
of Representatives or any resolution approved by the House of Representatives in relation to the acts referred to in the said subarticle
(4), and shall in no case mean or imply an expression of guilt or innocence.
(2) The Committee shall be delegated with powers to examine the evidence contained in article 6 with respect to the examination
of witnesses and experts, documents or reports and the chairman sh all b e emp o wered to adm i nister th e oath or af f i rm atio
n in accordance with article 7.
(3) The Committee shall, after having made such examinations as i t deem s fit and, where possible, after heari ng the p e rson
allegedly committing the acts, report to the House recommending that:
Perjury. Amended by: IV. 1983.2. Cap. 9.
Fees and expenses payable to witnesses and experts.
Cap. 108.
Penalties. Amended by: XIII. 1974.2; IV. 1983.2,3,4; XIII. 1983.5. Substituted by: XI. 1995.3. Amended by:
L.N. 409 of 2007.
(a) the House authorizes the Speaker to order the executive police to bring the person who allegedly has committed
such acts before the Court of Magistrates (Malta), which shall have jurisdiction accordingly; and that Court shall have no such
jurisdiction unless an order as aforesaid has been made by the Speaker; or
(b) the House resolves that the acts so committed would be adequately punished with an admonition, and in such case such
person shall be admonished by the Speaker.
(4) The following shall constitute offences against this
Ordinance, that is to say:-
(a) any act or contempt of the authority of the House by words or gestures committed by any witness or by any other person in
the presence of the House or of a Committee of the House;
(b) any insult or disrespect to the person of the person presiding the meeting of the House or any of its committees
and any insult or disrespect to a Member of the House even if such Member be not present at the time of the insult or disrespect,
when in either case the
insult or disrespect is proffered or committed in the presence of the House or any of its committees when sitting;
(c) any infringement of any regulations, order, or directions made or given by the House relating to the admission of
strangers to the Chamber of the House and their behaviour therein;
(d) any assault upon, obstruction or insult of a Member while on his way to or from the House or on account of his conduct in the
House, or any endeavour to compel a Member by force, insult or menace to declare himself in favour of or against
any proposition or matter pending or expected to be brought before the House;
(e) the sending to a Member of the House of any threatening letter respecting his conduct in the House;
(f) any assault upon, interference with, or resistance to an officer of the House while in the act of performing, or on account of
having performed his duty;
(g) the creation of or participation in any disturbance in the House or in the vicinity of, or within the precincts of the Chamber
of the House while the House is sitting, whereby the proceedings of the House are or are likely to be interrupted;
(h) any tampering with, deterring, threatening, beguiling or in any way unduly influencing any witness in regard to evidence to be
given by him before the House or any Committee thereof;
(i) the presenting to the House or to any Committee thereof of any false, untrue, fabricated or falsified document
with intent to deceive the House or that Committee;
(j) the publication of any defamatory libel on the Speaker or any Member touching anything done or said by him as Speaker or as
a Member in the House or in a Committee thereof;
(k) the wilful or reckless publication of any false or perverted report of any debate or proceedings of the House or a
Committee thereof.
(5) Without prejudice to any higher punishment laid down in the provisions of any other law, any person who commits any of these
acts referred to in subarticle (4), shall be guilty of an offence against this Ordin ance and shal l on conviction, be liable to
the p uni sh men t of ad mo niti on or to im pr isonm ent fo r a term n o t exceeding six months or to a fine (multa) of not more than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to both such fine and imprisonment.
(6) For the purposes of this article:
"publication" means any act whereby any printed matter is or
may b e communi cated , to o r brou ght to th e k nowl e dg e o f an y person or whereby any words or visual images are broadcast;
and
"broadcast" means the broadcast of words or of visual images by means of wireless telegraphy or wire or both, whether or
not such words or images are in fact received by any person.
(7) A person shall be deemed guilty of the acts mentioned in article (4)(j) and (k) if the publication referred to in article (4)(j) and (k) consists in the publication of such defamatory libel, false or perverted report, in printed form in Malta, or in the distribution
in Malta o f such pr inted mat ter contai ning such d efam at ory li bel, false or perverted report from whatsoever place such printed
matter may originate, or in any broadcast from any place in Malta or any place outside Malta of any such defamatory libel, false
or perverted report.
(8) In the case of a person guilty of an act mentioned in article (4)(j), the court may in addition to the punishments established in subarticle (3), order in the case of a newspaper that in a subsequent
issue thereof, not later than the next but one, and in the case of a broadcasting medium that on the day immediately following that
on which the order is given, the judgement whereby the accused is found guilty of such act, be published or broadcast as the case
may be, free of charge in the same language in which the offence was comm it ted; and if at t h e ti me su ch j udgem e nt or im
med i ately thereafter the newspaper has ceased publication or the broadcasting medium has ceased to operate, or in the cas e of
any other publication, the court may in the order or in a subsequent order, order that the judgement be published or broadcast at
the expense of the person so found guilty in another newspaper or on another medium within a period not exceeding one month.
(9) In the case of persons found guilty of an act mentioned in ar ticle (4 )( k ), the court may in addit i on to the punishm e nts established in subarticle (5) order that the offender publish, at such date and
time as the court may establish, free of charge, in the same newspaper or on the same broadcasting medium as the case may be, a statement
by way of contradiction or explanation.
(10) Default of compliance with an order made under subarticles (8) and (9) shall be deemed to constitute an offence against this
Ordinanc e and subject to the s a me pen a lt ies as p r o v i d ed in subarticle (5).
(11) Any person who is an accomplice in any of the acts mentioned in article (4)(a) to (k) shall be deemed to be guilty of the same acts and shall be liable to the penalties laid down in the said subarticle.
(12) Notwithstanding the foregoing provisions of this article, the Hou s e m a y pun ish wi th an adm o n iti on any p e rson w ho
in th e presence of the House commits any act of indiscipline and may order that such person shall not be allowed to attend meetings
of the House a s a stranger for suc h period as the House may determine, being a period not beyond the last day of the session of
the House in which such order shall have been given.
(13) The provisions of this article shall be without prejudice to the provisions of any standing orders o r resolutions which the
House of Representatives may from time to time make to regulate the conduct of its members and order during its proceedings.
Immunity for anything done under authority of the House. Amended by:
IV. 1983.2.
Procedure. Amended by: IV. 1983.2,3.
Execution of order of punishment. Amended by: V1.1959.3; IV.1983.2,3.
Application to Committees. Amended by: IV. 1983.2,3.
Code of Ethics. Added by: XI.1995.5.
(2) Until such time as the House of Representatives shall by resolution adopt a Code of Ethics by resolution in accordance with subarticle (1), the Code of Ethics contained in the Schedule to this Ordinance shall be deemed to be a code of ethics adopted by a resolution of the House in accordance with subarticle (1) and may be amended or substituted accordingly.
Added by: XI.1995.6.
SCHEDULE
(Article 16)
official remuneration as a Member.
a. his work or profession, and if he is employed, the identity of his employer;
b. his own immovable property, that of his spouse if the community of acquests applies, that of his minor children as well as, if he so wishes, the manner of its acquisition and of its use;
c. shares in commercial companies investments including money deposited in banks and any other form of pecuniary interest;
d. directorships or other official positions in commercial companies, associations, boards, co-operatives or other groups, even if voluntary associations;
e. a member of the House of Representatives, who has a professional interest, including work interest consultancy, management or any form of connection, pecuniary or otherwise, with persons, groups or companies, that have a direct interest in legislation before the House, shall declare his interest in the House, at the first opportunity, before a vote is taken on the Second Reading of a Bill;
f. a Member of the House of Representatives, shall not accept gifts from persons, groups or companies that had any direct or indirect intent in legislation before the House of Representatives;
g. a Member of the House of Representatives shall accept no honorarium for a speech, writing or publication, or other similar activity from any person, organisation or companies in excess of the usual and customary value for such services;
h. a Member of the House of Representatives, who has made a visit outside Malta, financed in whole or in part by one person, group or company which has a direct interest in legislation before the House, shall declare the fact in a register purposely kept by the Speaker, and accessible to the public;
i. a Member of the House of Representatives is expected to report to the Speaker and to the competent authorities any attempt at corruption, pressure or
undue influence by third persons, aimed at influencing his conduct as a member.
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