The first draft of an Administrative Code was presented to the House of Representatives this morning by Franco Debono, chairman of the House Committee for the Consolidation of Laws.
Dr Debono said this was a historic moment. The code, he said, was meant to harmonise legislation, remove contradictions, plug gaps and reform where needed.
He said the code brought together and updated almost 40 laws.
The code covers a wide range of laws and provides for the creation of a Law Commissioner as an officer of parliament who will be responsible for ensuring that legislation is suitably codified.
It also provides for the establishment of an Administrative Court to replace the first hall of the Civil Court and several tribunals and would focus on administrative issues, making it easier for people to seek redress from wrong administrative decisions.
The code includes provisions regulating public corporations and also has a section on the judiciary including its role and functions.The principle of the independence of the judiciary is enshrined and regulated, including a remedy for breach of the independence of the judiciary, standards of judicial independence, methods of judicial appointments, judicial removal and discipline and assignment of judicial duties.
Core ministries are established by law. The duties of a minister are written and the composition of a ministry is regulated, as is ministerial responsibility to parliament. Collective ministerial responsibility is defined, while the discharge of ministerial accountability is classified under six levels.
The committee was advised by Prof Kevin Aquilina, who drafted the code. He said other laws will be similarly consolidated in a number of codes for simpler administration.
Dr Debono said the committee is inviting feedback from the public. The draft will be available on www.parliament.gov.mt