CHAPTER VI
Parliament
Parliament
PART 1
Composition of Parliament
Establishment of
Parliament.
Amended by:
LVIII.1974.19.
51.
There shall be a Parliament of Malta which shall consist of
the President and a House of
Representatives.
*Note: sub-article (4) of this article
has been omitted as it has had its effect.
*The reference to sub-article (4) of
article 48 has been omitted in view of the omission
of that sub-article.
CONSTITUTION OF MALTA
29
Composition of the
House of
Representatives.
Amended by:
XXVI.1970.2.
Substituted by:
LVIII.1974.20.
Amended by:
IV. 1987.3;
XI.1996.2.
52.
(1) Subject to the provisions of this
Chapter, the House of
Representatives shall consist of such
number of members, being an
odd number and divisible by the
number of electoral divisions, as
Parliament shall from time to time by
law determine. Such
members shall be elected in the
manner provided by or under any
law for the time being in force in
Malta in equal proportions from
the electoral divisions referred to
in article 56 of this Constitution,
each division returning such number
of members, being not less
than five and not more than seven as
Parliament shall from time to
time by law determine; and such
members shall be known as
"Members of Parliament":
Provided that where -
(i) at any general election, a
political party obtains
in the aggregate more than fifty
per centum of
all the valid votes cast at that
election, as
credited to its candidates by the
Electoral
Commission at the first count of all
the votes,
but the number of its candidates
elected at such
election is less than the total of
all the other
candidates so elected; or
(ii) at a general election which is
contested by more
than two political parties and in
which only
candidates of two of such parties are
elected, a
political party obtains a percentage
of all the
valid votes cast at such election, as
credited to
its candidates by the Electoral
Commission at
the first count of all the votes,
which is greater
than that obtained by any one other
party, but the
number of its candidates elected at
such election
is less than the number of the other
candidates so
elected,
the number of members of the House of
Representatives shall be
increased by as many members as may
be necessary in order that
the party obtaining more than fifty
per centum, or the larger
percentage, of all the valid votes,
as the case may be, shall have one
member more than the total of the
other candidates elected at that
election; and, in any such case, such
persons shall be declared by
the Electoral Commission to be
elected to fill the additional seats
created by this proviso who, being
candidates of the party last
mentioned at such elections, were
credited by the Electoral
Commission at the last count, with
the highest or next higher
number of votes without being
elected, irrespective of the division
in which such highest or higher
number of votes occurs.
(2) If any person who is not a member
of the House of
Representatives is elected to be
Speaker of the House he shall, by
virtue of holding the office of
Speaker, be a member of the House
in addition to the other members:
Provided that in any such case the
Speaker shall not be
treated as a member of the House for
the purpose of establishing
the number of votes required to
support a bill for any of the
purposes of article 66 of this
Constitution.
30 CONSTITUTION OF MALTA
Qualifications for
membership of
House of
Representatives.
53.
Subject to the provisions of article
54 of this Constitution,
a person shall be qualified to be
elected as a member of the House
of Representatives if, and shall not
be qualified to be so elected
unless, he has the qualifications for
registration as a voter for the
election of members of the House of
Representatives mentioned in
article 57 of this Constitution.
Disqualifications
for membership of
House of
Representatives.
Amended by:
LVIII.1974.21;
XXXVIII. 1976.2.
54.
(1) No person shall be qualified to
be elected as a member
of the House of Representatives -
(a) if he is a citizen of a
country other than Malta having
become such a citizen voluntarily or
is under a
declaration of allegiance to such a
country;
(b) save as otherwise provided
by Parliament, if he holds
or is acting in any public office or
is a member of the
armed forces of the Government of
Malta;
(c) if he is a party to, or is
a partner with unlimited
liability in a partnership or a
director or manager of a
company which is a party to, a
contract with the
Government of Malta being a contract
of works or a
contract for the supply of
merchandise to be used in
the service of the public and has
not, within one month
before the date of election,
published in the Gazette a
notice setting out the nature of any
such contract, and
his interest, or the interest of any
such partnership or
company, therein;
(d) if he is an undischarged
bankrupt, having been
adjudged or otherwise declared
bankrupt under any
law in force in Malta;
(e) if he is interdicted or
incapacitated for any mental
infirmity or for prodigality by a
court in Malta, or is
otherwise determined in Malta to be
of unsound mind;
(f) if he is under sentence of
death imposed on him by any
court in Malta or is serving a
sentence of
imprisonment (by whatever name
called), exceeding
twelve months imposed on him by such
a court or
substituted by competent authority
for some other
sentence imposed on him by such a
court, or is under
such a sentence of imprisonment the
execution of
which has been suspended;
(g) if he holds or is acting
in any office the functions of
which involve any responsibility for,
or in connection
with, the conduct of any election of
members of the
House of Representatives or the
compilation or
revision of any electoral register;
(h) if he is disqualified for
membership of the House of
Representatives by or under any law
for the time being
in force in Malta by reason of his
having been
convicted of any offence connected
with the election
of members of the House of
Representatives.
(2) For the purposes of paragraph (f)
of sub-article (1) of this
article -
CONSTITUTION OF MALTA
31
(a) two or more sentences that
are required to be served
consecutively shall be regarded as
separate sentences
if none of them exceeds twelve
months, but if any one
of them exceeds that term they shall
be regarded as
one sentence; and
(b) no account shall be taken
of a sentence of
imprisonment imposed as an
alternative to, or in
default of, the payment of a fine.
(3) A person shall not be treated as
holding, or acting in, a
public office for the purpose of
paragraph (b) of sub-article (1) of
this article -
(a) if he is on leave of
absence pending relinquishment of
a public office;
(b) if he is a teacher at the
University of Malta who is not
by the terms of his employment
prevented from the
private practice of his profession or
called upon to
place his whole time at the disposal
of the Government
of Malta.
Tenure of office of
members.
Amended by:
XXXVIII.1976.3.
55.
(1) The seat of a member of
Parliament shall become
vacant-
(a) upon the next dissolution
of Parliament after his
election;
(b) if he resigns his seat by
writing under his hand
addressed to the Speaker or, if the
office of Speaker is
vacant or the Speaker is absent from
Malta, to the
Deputy Speaker;
(c) if he becomes a party to a
contract with the
Government of Malta being a contract
of works or a
contract for the supply of
merchandise to be used in
the service of the public, or if any
partnership in which
he is a partner with unlimited
liability or a company of
which he is a director or manager
becomes a party to
any such contract, or if he becomes a
partner with
unlimited liability in a partnership
or a director or
manager of a company that is a party
to any such
contract:
Provided that he shall not vacate his
seat under the
provisions of this paragraph if
before becoming a party
to the contract or before, or as soon
as practicable
after, becoming otherwise interested
in the contract
(whether as a partner with unlimited
liability in a
partnership or as a director or
manager of a company)
he discloses to the Speaker the
nature of the contract
and his interest or the interest of
the partnership or
company therein and the House of
Representatives by
resolution exempts him from the
provisions of this
paragraph;
(d) if he is absent from the
sittings of the House of
Representatives for such period and
in such
32 CONSTITUTION OF MALTA
circumstances as may be prescribed by
the Standing
Orders of the House;
(e) if he ceases to be a
citizen of Malta;
(f) if he ceases to be
qualified for registration as a voter
for the election of members of the
House of
Representatives;
(g) subject to the provisions
of sub-article (2) of this
article, if any circumstances arise
that if he were not a
member of the House of
Representatives, would cause
him to be disqualified for election
thereto.
(2) (a) If circumstances such
as are referred to in paragraph (g)
of sub-article (1) of this article
arise because any member of the
H o u s e o f R e p r e s e n t a t i
v e s i s u n d e r s e n t e n c e o f d e a t h o r
imprisonment, interdicted or
incapacitated or adjudged to be of
unsound mind, adjudged or otherwise
declared bankrupt or
convicted of an offence connected
with elections and if it is open to
the member to appeal against the
decision (either with the leave of
a court or other authority or without
such leave), he shall forthwith
cease to perform his functions as a
member of the House but,
subject to the provisions of this
article, he shall not vacate his seat
until the expiration of a period of
thirty days thereafter:
Provided that the Speaker may, from
time to time, extend
that period for further periods of
thirty days to enable the member
to pursue an appeal against the
decision, so however that
extensions of time exceeding in the
aggregate one hundred and fifty
days shall not be given without the
approval, signified by
resolution, of the House.
(b) If, on the determination
of any appeal, such circumstances
continue to exist and no further
appeal is open to the member, or if,
by reason of the expiration of any
period for entering an appeal or
notice thereof or the refusal of
leave to appeal or for any other
reason, it ceases to be open to the
member to appeal, he shall
forthwith vacate his seat.
(c) If at any time before the
member vacates his seat such
circumstances as aforesaid cease to
exist, his seat shall not become
vacant on the expiration of the
period referred to in paragraph (a)
of this sub-article and he may resume
the perfor-mance of his
functions as a member of the House of
Representatives.
(d) For the purposes of this
sub-article "appeal" means, in the
case of an order by a court of
voluntary jurisdiction for the
interdiction or incapacitation of a
member of the House of
Representatives, the taking of any
action for the review of that
order before the Civil Court, First
Hall.
Voting at
Elections.
Substituted by:
LVIII. 1974.22.
Amended by:
IV.1987.4.
56.
(1) The members of the House of
Representatives shall be
elected upon the principle of
proportional representation by means
of the single transferable vote from
such number of electoral
divisions, being an odd number and
not less than nine and not more
than fifteen, as Parliament shall
from time to time determine.
(2) The election of members of the
House of Representatives
CONSTITUTION OF MALTA
33
shall be free of illegal or corrupt
practices and foreign interference.
(3) It shall be the duty of the
Electoral Commission to suspend
the election, either in all electoral
divisions or in any one or more
of such divisions, if it has
reasonable ground to believe that illegal
or corrupt practices or other
offences connected with the elections
have been committed or there has been
foreign interference and
such practices, offences or
interference have so extensively
prevailed or have been of such nature
that they may reasonably be
expected to affect the result of the
election, in all or in any one or
more of the electoral divisions.
(4) In any case in which an election
is suspended under subarticle
(3) of this article, the Chief
Electoral Commissioner shall
forthwith refer the matter to the
Constitutional Court for its
decision.
(5) Where any of the grounds on which
an election may be
suspended under sub-article (3) of
this article exist and the election
has not been suspended, or where
illegal or corrupt practices or
other offences or foreign
interference as are referred to in that subarticle
may reasonably be supposed to have
affected the result of an
election, in all or in any one or
more of the electoral divisions, any
person entitled to vote at that
election may, not later than three
days after the publication of the
official result of the election, refer
the matter to the Constitutional
Court for its decision.
(6) Any reference to the
Constitutional Court under either subarticle
(4) or sub-article (5) of this
article shall be made and shall
be determined by that Court in
accordance with any law for the
time being in force in Malta. On any
such reference the Court shall,
without prejudice to any other
powers, have power to annul the
election, in all or in any one or
more of the electoral divisions, on
any of the grounds mentioned in the
said sub-articles, and to give
such directions and orders and to
provide such redress and other
remedies as it may deem appropriate
in the circumstances and in
particular to ensure that a free
election, in place of any one that
may have been annulled, be held at
the earliest possible
opportunity.
(7) Where an election has been
annulled under sub-article (6)
of this article, the result of the
election shall not be complete before
the publication of the official
result of a valid election in all
electoral divisions.
(8) Except by a bill for an Act of
Parliament passed in the
m a n n e r s p e c i f i e d i n s u
b - a r t i c l e ( 2 ) o f a r t i c l e 6 6 o f t h i s
Constitution, no alteration in any
law shall be made -
(a) whereby any act or
omission shall cease to be an
illegal or corrupt practice or other
offence relating to
the election of members of the House
of
Representatives or foreign
interference; or
(b) which alters or adds to
the circumstances or conditions
in which or under which an act or
omission is such a
practice or other offence or foreign
interference; or
(c) reduces the punishment to
which from time to time any
34 CONSTITUTION OF MALTA
such practice or other offence or
interference renders
the offender liable;
and for the purposes of this
sub-article the provisions of sub-article
(7) of article 66 of this
Constitution shall apply as if references to
the alteration to any of the
provisions of this Constitution were
references to the alteration of any
law.
(9) No person shall vote at the
election of members of the
House of Representatives for any
electoral division who is not
registered under any law for the time
being in force in Malta as a
voter in that division.
(10) At the election of members of
the House of
Representatives-
(a) voting shall be by ballot
and shall be carried out in
such a manner as not to disclose the
way in which the
vote of any particular voter is
given; and
(b) no person shall be
permitted to vote on behalf of
another:
Provided that provision may be made
by law
whereby, if a person is unable, by
reason of blindness,
other physical cause or illiteracy to
mark on his ballot
paper, his ballot paper may be marked
on his behalf
and on his directions by some other
person officially
supervising the poll at the place of
voting.
(11) Ballot papers shall be drawn up
in such a manner as to
enable illiterates to distinguish
between the political parties to
which candidates belong.
(12) Candidates and their agents
shall be given facilities to
watch the transportation of ballot
boxes and the sealing and
unsealing thereof.
(13) The expressions "corrupt
practice", "offences connected
with the election of members of the
House of Representatives" and
"foreign interference" have the
meaning assigned to them by a law
for the time being in force
regulating the conduct of elections or
foreign interference with respect to
elections, and any such law
shall be deemed for the purposes of
this article and of articles 32 to
47 (inclusive) of this Constitution
to be reasonably required in the
interest of public order and
reasonably justifiable in a democratic
society.
Qualification of
voters.
Amended by:
LVIII. 1974.23.
57.
Subject to the provisions of article
58 of this Constitution,
a person shall be qualified to be
registered as a voter for the
election of members of the House of
Representatives if, and shall
not be qualified to be so registered
unless -
(a) he is a citizen of Malta;
(b) he has attained the age of
eighteen years; and
(c) he is resident in Malta
and has during the eighteen
months immediately preceding his
registration been a
resident for a continuous period of
six months or for
periods amounting in the aggregate to
six months:
CONSTITUTION OF MALTA
35
Provided that this paragraph shall
not apply to a person
who is ordinarily resident in Malta
but has not been
resident in Malta as required by this
paragraph by
reason of service abroad in the
public service,
including service in the offices
referred to in subarticle
(3) of article 124 of this
Constitution, or by
reason of service abroad in, or as a
member of, a
disciplined force as defined in
article 47 of this
Constitution.
Disqualification of
voters.
58.
No person shall be qualified to be
registered as a voter for
the election of members of the House
of Representatives if -
(a) he is interdicted or
incapacitated for any mental
infirmity by a court in Malta or is
otherwise
determined in Malta to be of unsound
mind;
(b) he is under sentence of
death imposed on him by any
court in Malta or is serving a
sentence of
imprisonment (by whatever name
called) exceeding
twelve months imposed on him by such
a court or
substituted by competent authority
for some other
sentence imposed on him by such a
court, or is under
such a sentence of imprisonment the
execution of
which has been suspended; or
(c) he is disqualified for
registration as a voter by or under
any law for the time being in force
in Malta by reason
of his having been convicted of any
offence connected
with the election of members of the
House of
Representatives.
Speaker and
Deputy Speaker.
59.
(1) When the House of Representatives
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.
(2) The Speaker may be elected either
-
(a) from among persons who are
members of the House of
Representatives, but are not
Ministers or
Parliamentary Secretaries, or
(b) from among persons who are
not members of the
House of Representatives and are
qualified for election
as members thereof.
(3) When the House of Representatives
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 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
such member to that office.
(4) A person shall vacate the office
of Speaker or Deputy
36 CONSTITUTION OF MALTA
Speaker -
(a) in the case of a Speaker
elected from among the
members of the House of
Representatives or in the
case of the Deputy Speaker -
(i) if he ceases to be a member of
the House:
Provided that the Speaker shall not
vacate his
office by reason only that he has
ceased to be a
member of the House on a dissolution
of
Parliament, until the House first
meets after that
dissolution;
(ii) if he is appointed to be a
Minister or a
Parliamentary Secretary;
(b) in the case of a Speaker
elected from among persons
who are not members of the House of
Representatives-
(i) when the House first meets after
any dissolution
of Parliament;
(ii) if any circumstances arise that
would cause him
to be disqualified for election as a
member of the
House of Representatives;
(c) if he announces his
resignation of his office to the
House of Representatives or if by
writing under his
hand addressed, in the case of the
Speaker to the Clerk
of the House and in the case of the
Deputy Speaker to
the Speaker (or, if the office of
Speaker is vacant or
the Speaker is absent from Malta, to
the Clerk of the
House) he resigns that office; or
(d) in the case of the Deputy
Speaker, if he is elected to be
Speaker.
(5) (a) If, by virtue of
sub-article (2) of article 55 of this
Constitution, the Speaker or Deputy
Speaker is required to cease to
perform his functions as a member of
the House of Representatives
he shall also cease to perform his
functions as Speaker or Deputy
Speaker, as the case may be, and
those functions shall until he
vacates his seat in the House or
resumes the performance of the
functions of his office, be performed
-
(i) in the case of the Speaker, by
the Deputy
Speaker or, if the office of Deputy
Speaker is
vacant or the Deputy Speaker is
required to
cease to perform his functions as a
member of
the House of Representatives by
virtue of subarticle
(2) of article 55 of this
Consti-tution, by
such member of the House (not being a
Minister
or Parliamentary Secretary) as the
House may
elect for the purpose;
(ii) in the case of the Deputy
Speaker, by such
member of the House (not being a
Minister or
Parliamentary Secretary) as the House
may elect
for the purpose.
(b) If the Speaker or Deputy
Speaker resumes the
CONSTITUTION OF MALTA
37
performance of his functions as a
member of the House, in
accordance with the provisions of
sub-article (2) of article 55 of
this Constitution, he shall also
resume the performance of his
functions of Speaker or Deputy
Speaker, as the case may be.
Establishment of
Electoral
Commission.
Amended by:
LVIII. 1974.24.
60.
(1) There shall be an Electoral
Commission for Malta.
(2) The Electoral Commission shall
consist of a Chairman, who
shall be the person for the time
being holding the office of Chief
Electoral Commissioner and who shall
be appointed to that office
from the public service, and such
number of members not being
less than four as may be prescribed
by any law for the time being in
force in Malta.
(3) The members of the Electoral
Commission shall be
appointed by the President, acting in
accordance with the advice of
the Prime Minister, given after he
has consulted the Leader of the
Opposition.
(4) A person shall not be qualified
to hold office as a member
of the Electoral Commission if he is
a Minister, a Parliamentary
Secretary, a member of, or a
candidate for election to, the House of
Representatives or a public officer.
(5) Subject to the provisions of this
article, a member of the
Electoral Commission shall vacate his
office -
(a) at the expiration of three
years from the date of his
appointment or at such earlier time
as may be specified
in the instrument by which he was
appointed; or
(b) if any circumstances arise
that, if he were not a
member of the Commission, would cause
him to be
disqualified for appointment as such.
(6) Subject to the provisions of
sub-article (7) of this article, a
member of the Electoral Commission
may be removed from office
by the President acting in accordance
with the advice of the Prime
Minister.
(7) A member of the Electoral
Commission shall not be
removed from office except for
inability to discharge the functions
of his office (whether arising from
infirmity of mind or body or any
other cause) or for misbehaviour.
(8) If the office of a member of the
Electoral Commission is
vacant or if a member is for any
reason unable to perform the
functions of his office, the
President, acting in accordance with the
advice of the Prime Minister, given
after he has consulted the
Leader of the Opposition, may appoint
a person who is qualified to
be appointed to be a member to be a
temporary member of the
Commission; and any person so
appointed shall, subject to the
provisions of sub-articles (5), (6)
and (7) of this article cease to be
such a member when a person has been
appointed to fill the
vacancy or, as the case may be, when
the member who was unable
to perform the functions of his
office resumes those functions.
(9) In the exercise of its functions
under this Constitution the
Electoral Commission shall not be
subject to the direction or
control of any other person or
authority.
38 CONSTITUTION OF MALTA
Electoral divisions.
Amended by:
LVIII.1974.25.
61.
(1) The Electoral Commission shall
review the boundaries
of the electoral divisions referred
to in article 56(1) of this
Constitution at intervals of not less
than two nor more than five
years and may, in accordance with the
provisions of this article,
alter such boundaries to such extent
as it considers desirable in the
light of the review:
Provided that the Commission shall
carry out such a review
and, in accordance with the
provisions of this article, alter the said
boundaries whenever Parliament has
made provision altering the
number of electoral divisions; and in
addition the Commission may
at any time carry out such a review
and, in accordance with the
provisions of this article, alter the
said boundaries to such extent as
it considers desirable in consequence
of the holding of a census of
the population in pursuance of any
law.
(2) Any provision by Parliament
altering the number of
electoral divisions shall come into
effect when the alteration of the
boundaries of the electoral divisions
that, in accordance with the
provisions of sub-article (1) of this
article, is consequential thereon
comes into effect.
(3) Whenever an alteration of
boundaries is made by the
Commission under this article the
following provisions shall have
effect:
(a) the Chief Electoral
Commissioner shall, as soon as
practicable after it is made,
communicate the alteration
to the Prime Minister and to the
Leader of the
Opposition;
(b) not later than two months
from the receipt of such
communication, the Prime Minister
shall cause the
alteration to be placed before the
House of
Representatives for consideration by
it;
(c) not later than five months
from the receipt of the said
communication by the Prime Minister,
the House may,
by resolution, either approve the
alteration or refer it
back to the Commission for
reconsideration;
(d) upon the expiration of six
months from the date on
which the alteration was communicated
to the Prime
Minister, or, if the alteration is
approved by the House,
upon such approval, or, if the
alteration is referred
back to the Commission, upon the
expiration of two
months from such reference, the Chief
Electoral
Commissioner shall cause the
alteration to be
published in the Gazette either in
its original form or,
if it has been modified by the
Commission, as so
modified; and
(e) any such alteration shall
come into effect upon the
next dissolution of Parliament after
the alteration is
published in the Gazette under
paragraph (d) of this
sub-article:
Provided that nothing in this
paragraph shall be
construed as preventing the
publication of any
CONSTITUTION OF MALTA
39
electoral register or any other
requirments connected
with the registration of voters from
being carried out
in accordance with the alteration,
under any law for
the time being in force in Malta,
before that
dissolution.
(4) An alteration of the boundaries
of any electoral division
under this article shall be made in
such manner as secures that, at
the time when the Commission carries
out its review, the number
obtained by dividing the total
electorate in the division (as
ascertained by reference to the
electoral register in force at that
time) by the number of members to be
returned to the House of
Representatives from that division is
as nearly equal to the electoral
quota as is reasonably practicable:
Provided that any such alteration may
be made in such
manner that the number of voters in
that division is, at the time
when the Commission carries out its
review, greater or less than the
electoral quota multiplied by the
number of members to be so
returned, but in no case by more than
five per centum, in order to
take account of geographical
vicinity, differences in density of
population and other relevant
factors.
(5) For the purposes of any review
carried out under this
article, "electoral quota" means the
number obtained by dividing
the total electorate of Malta (as
ascertained from the electoral
register in force at the time when
the Commission carries out that
review) by the total number of
members to be returned to the House
of Representatives at the general
election following the next
dissolution of Parliament.
(6) The conduct of elections in every
electoral division and of
any vote taken under the provisions
of article 66(3) of this
Constitution shall be subject to the
direction and supervision of the
Electoral Commission.
Filling of
vacancies.
62.
Whenever the seat of any member of
the House of
Representatives becomes vacant the
vacancy shall be filled in the
manner provided by or under any law
for the time being in force in
Malta.
Determination of
questions as to
membership.
Amended by:
XLVII. 1972.2.
63.
Any question whether -
(a) any person has been
validly elected as a member of the
House of Representatives;
(b) any member of the House
has vacated his seat therein
or is required, under the provisions
of sub-article (2)
of article 55 of this Constitution,
to cease to perform
his functions as a member; or
(c) any person has been
validly elected as Speaker from
among persons who are not members of
the House or,
having been so elected, has vacated
the office of
Speaker,
shall be referred to and determined
by the Constitutional Court in
accordance with the provisions of any
law for the time being in
force in Malta.
40 CONSTITUTION OF MALTA
Clerk to House of
Representatives
and his staff.
64.
(1) There shall be a Clerk to the
House of Representatives.
(2) The office of the Clerk to the
House of Representatives and
the offices of the members of his
staff shall be public offices.
PART 2
Powers and Procedure of Parliament
Power to make
laws.
65.
(1) Subject to the provisions of this
Constitution,
Parliament may make laws for the
peace, order and good
government of Malta.
(2) Without prejudice to the
generality of sub-article (1) and
subject to the provisions of
sub-articles (3), (4) and (5) of this
article, Parliament may by law
determine the privileges,
immunities and powers of the House of
Representatives and the
members thereof.
(3) No civil or criminal proceedings
may be instituted against
any member of the House of
Representatives for words spoken
before, or written in a report to,
the House or a committee thereof
or by reason of any matter or thing
brought by him therein by
petition, bill, resolution, motion or
otherwise.
(4) For the duration of any session
members of the House of
Representatives shall enjoy freedom
from arrest for any civil debt
except a debt the contraction of
which constitutes a criminal
offence.
(5) No process issued by any court in
the exercise of its civil
jurisdiction shall be served or
executed within the precincts of the
House of Representatives while the
House is sitting or through the
Speaker, the Clerk or any officer of
the House.
Alteration of this
Constitution.
Substituted by:
LVIII.1974.26.
Amended by:
IV. 1987.5;
XIII. 2001.3.
66.
(1) Subject to the provisions of this
article, Parliament
may alter any of the provisions of
this Constitution and (in so far as
it forms part of the law of Malta)
any of the provisions of the Malta
Independence Act, 1964.
(2) In so far as it alters -
(a) this article; or
(b) article 1, sub-article (2)
of article 2, sub-article (1) of
article 3, sub-article (1) of article
5, article 6, articles
32 to 48 (inclusive), articles 51,
52, 56, 57, 60 and 61,
sub-article (3) of article 65,
sub-article (2) of article
75, article 76 (other than
sub-article (2) thereof),
articles 77 and 78, article 80,
article 91, articles 95 to
100 (inclusive), articles 102 to 110
(inclusive), articles
113, 114, 115A, 118, 119 or 120 of
this Constitution;
or
(c) article 124 of this
Constitution in its application to any
of the provisions specified in
paragraph (a) or (b) of
this sub-article,
a bill for an Act of Parliament under
this article shall not be passed
in the House of Representatives
unless at the final voting thereon in
CONSTITUTION OF MALTA
41
that House it is supported by the
votes of not less than two-thirds of
all the members of the House.
(3) In so far as it alters -
(a) this sub-article or
sub-article (4) of this article; or
(b) sub-article (2) of article
76 of this Constitution,
a bill for an Act of Parliament under
this article shall not be
presented to the President for his
assent unless not less than three
nor more than six months after its
passage through the House in the
manner specified in sub-article (2)
of this article it has been
submitted to the electors qualified
to vote for the election of
members of the House of
Representatives and the majority of the
electors voting have approved the
bill.
(4) The provisions of sub-article
(10) of article 56 of this
Constitution shall apply to the
voting on a bill submitted to the
electors under sub-article (3) of
this article as they apply to voting
at the election of members of the
House of Representatives, and
subject as aforesaid the vote on such
bill shall be taken in such
manner as Parliament may prescribe.
(5) In so far as it alters any of the
provisions of this
Constitution other than those
specified in sub-articles (2) and (3) of
this article, a bill for an Act of
Parliament under this article shall
not be passed in the House of
Representatives unless at the final
voting thereon in that House it is
supported by the votes of a
majority of all the members of the
House.
(6) An Act of Parliament altering the
number of members of
the House of Representatives shall
not affect the membership of the
House before the dissolution of
Parliament next following its
enactment.
(7) In this article -
(a) references to any of the
provisions of this Constitution
or of the Malta Independence Act,
1964 include
references to any law that amends or
replaces that
provision; and
(b) references to the
alteration of any of the provisions of
this Constitution or of the Malta
Independence Act,
1964 include references to the
amendment,
modification or re-enactment, with or
without
amendment or modification, of that
provision, the
suspension or repeal of that
provision and the making
of a different provision in lieu of
that provision.
Regulation of
procedure in House
of Representatives.
67.
(1) Subject to the provisions of this
Constitution, the
House of Representatives may regulate
its own procedure.
(2) The House of Representatives may
act notwithstanding any
vacancy in its membership (including
any vacancy not filled when
the House first meets on or after the
appointed day or after any
dissolution of Parliament) and the
presence or participation of any
person not entitled to be present at
or to participate in the
proceedings of the House shall not
invalidate those proceedings.
42 CONSTITUTION OF MALTA
(3) Any provision made in pursuance
of sub-article (1) of this
article for setting up Committees of
the House to enquire into
matters of general public importance
shall be designed to secure
that, so far as it appears
practicable to the House, any such
Committee is so composed as fairly to
represent the House.
Oath to be taken by
members of House
of Representatives.
68.
No member of the House of
Representatives shall be
permitted to take part in the
proceedings of the House (other than
proceedings necessary for the
purposes of this article) until he has
taken and subscribed before the House
the oath of allegiance:
Provided that the election of the
Speaker and Deputy Speaker
may take place before the members of
the House have taken and
subscribed such oath.
Presiding in House
of Representatives.
69.
(1) There shall preside at any
sitting of the House of
Representatives -
(a) the Speaker; or
(b) in the absence of the
Speaker, the Deputy Speaker; or
(c) in the absence of the
Speaker and the Deputy Speaker,
such member of the House (not being a
Minister or a
Parliamentary Secretary) as the House
may elect for
that purpose.
(2) References in this article to
circumstances in which the
Speaker or the Deputy Speaker is
absent include references to
circumstances in which the office of
Speaker or Deputy Speaker is
vacant.
Quorum in House
of Representatives.
70.
(1) If at any sitting of the House of
Representatives any
member who is present draws the
attention of the person presiding
at the sitting to the absence of a
quorum and, after such interval as
may be prescribed in the Standing
Orders of the House, the person
presiding at the sitting ascertains
that a quorum of the House is still
not present, the House shall be
adjourned.
(2) For the purposes of this article
-
(a) a quorum of the House of
Representatives shall consist
of fifteen members; and
(b) the person presiding at
the sitting of the House shall
not be included in reckoning whether
there is a quorum
present.
Voting.
71.
(1) Save as otherwise provided in
this Constitution, all
questions proposed for decision in
the House of Representatives
shall be determined by a majority of
the votes of the members
thereof present and voting.
(2) The Speaker shall not vote unless
on any question the votes
are equally divided, in which case he
shall have and exercise a
casting vote.
(3) Any other person shall, when
presiding in the House of
Representatives, retain his original
vote as a member and, if upon
any question, the votes are equally
divided, shall also have and
CONSTITUTION OF MALTA
43
exercise a casting vote.
Mode of exercising
legislative powers.
Amended by:
LVIII. 1974.27.
72.
(1) The power of Parliament to make
laws shall be
exercised by bills passed by the
House of Representatives and
assented to by the President.
(2) When a bill is presented to the
President for assent, he shall
without delay signify that he
assents.
(3) A bill shall not become law
unless it has been duly passed
and assented to in accordance with
this Constitution.
(4) When a law has been assented to
by the President it shall
without delay be published in the
Gazette and shall not come into
operation until it has been so
published, but Parliament may
postpone the coming into operation of
any such law and may make
laws with retrospective effect.
Restriction with
regard to certain
financial measures.
Amended by:
LVIII. 1974.28.
73.
Except upon the recommendations of
the President
signified by a Minister, the House of
Representatives shall not -
(a) proceed upon any bill
(including any amendment to a
bill) that, in the opinion of the
person presiding, makes
provision for any of the following
purposes, that is to
say, 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 presiding, would be to make
provision for any
of the purposes aforesaid; or
(c) receive any petition
which, in the opinion of the
person presiding, requests that
provision be made for
any of the purposes aforesaid.
Language of Laws.
74.
Save as otherwise provided by
Parliament, every law shall
be enacted in both the Maltese and
English languages and, if there
is any conflict between the Maltese
and the English texts of any
law, the Maltese text shall prevail.
PART 3
Summoning, prorogation and
dissolution
Sessions of
Parliament.
Amended by:
LVIII.1974.29.
75.
(1) Each session of Parliament shall
commence at such
time as the President may by
proclamation appoint and shall be
held at such place or places as the
President by proclamation, or as
the House of Representatives in any
manner it may deem
appropriate, may from time to time
appoint.
(2) There shall be a session of
Parliament once at least in every
year, so that a period of twelve
months shall not intervene between
the last sitting of Parliament in one
session and the first sitting
thereof in the next session.
44 CONSTITUTION OF MALTA
(3) The House of Representatives
shall meet not later than two
months after the publication of the
official result of any general
election by the Electoral Commission
on a day appointed by the
President.
Prorogation and
dissolution of
Parliament.
Amended by:
LVIII. 1974.30.
76.
(1) The President may at any time by
proclamation
prorogue or dissolve Parliament.
(2) Subject to the provisions of
sub-article (3) of this article,
Parliament, unless sooner dissolved,
shall continue for five years
from the date of its first sitting
after any dissolution and shall then
stand dissolved.
(3) At any time when Malta is at war,
Parliament may from
time to time extend the period of
five years specified in sub-article
(2) of this article for not more than
twelve months at a time:
Provided that the life of Parliament
shall not be extended
under this sub-article for more than
five years.
(4) If between a dissolution of
Parliament and the next ensuing
general election of members of the
House of Representatives an
emergency arises of such a nature
that, in the opinion of the Prime
Minister it is necessary to recall
Parliament, the President may by
proclamation summon the Parliament
that has been dissolved to
meet, and that Parliament shall
thereupon be deemed (except for
the purpose of article 77 and, in
relation to the next ensuing general
election, article 61(3) and 66(6) of
this Constitution) not to have
been dissolved but shall be deemed
(except as aforesaid) to be
dissolved on the date on which the
polls are concluded in the next
ensuing general election.
(5) In the exercise of his powers
under this article the President
shall act in accordance with the
advice of the Prime Minister:
Provided that -
(a) if the House of
Representatives passes a resolution,
supported by the votes of a majority
of all the
members thereof, that it has no
confidence in the
Government, and the Prime Minister
does not within
three days either resign from his
office or advise a
dissolution, the President may
dissolve Parliament;
(b) if the office of Prime
Minister is vacant and the
President considers that there is no
prospect of his
being able within a reasonable time
to appoint to that
office a person who can command the
support of a
majority of the members of the House
of
Representatives, the President may
dissolve Parliament;
and
(c) if the Prime Minister
recommends a dissolution and
the President considers that the
Government of Malta
can be carried on without a
dissolution and that a
dissolution would not be in the
interests of Malta, the
President may refuse to dissolve
Parliament.
CONSTITUTION OF MALTA
45
General elections.
Amended by:
LVIII.1974.31.
77.
A general election of members of the
House of Representatives
shall be held at such time within
three months after every
dissolution of Parliament as the
President acting in accordance with
the advice of the Prime Minister,
shall by proclamation appoint.
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Index of the Constitution of Malta
See also:
Constitution of Malta Act, 1964
