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: