Speaker Anglu Farrugia proposed on Wednesday that evidence given before the parliamentary Public Accounts Committee would not be considered as evidence before a tribunal or a court of justice.
Speaking at the Sette Giugno commemoration, Dr Farrugia referred to a recent Constitutional Court decision which had a struck down a ruling he had given ordering people accused of involvement in the oil procurement scandal to give evidence before the committee despite having pending court cases. The case is being appealed.
Dr Farrugia said it was not acceptable that, when conducting parliamentary scrutiny on the correct use of public funds, the Public Accounts Committee was hindered and prejudiced by court proceedings and court judgements.
He said that apart from a revision of Standing Orders to ensure that these reflect the outcome of the appeal proceedings, the House should consider amending the Code of Organisation and Civil Procedure so that testimony given before a parliamentary committee could not be considered as evidence before a tribunal or a court of justice.
What was being proposed, he said, to a certain extent reflected the procedures and practices of the UK House of Commons where witnesses were protected by parliamentary privilege.
"In practice, this means that, like Members of Parliament, witnesses who appear before parliamentary committees are exempt from both civil and criminal legal action with regard to the testimony they give."
Dr Farrugia noted, however, that in the UK Parliament there was a degree of reciprocity in the form of the sub judice rule which limited what an MP or a witness could refer to matters that were being treated in the law courts.
In his six-page speech, Dr Farrugia also referred to abuse of parliamentary privilege by MPs. He said people mentioned in parliamentary speeches under privilege should have a way to reply.
A right of redress needed to be introduced without impinging on parliamentary rights and privileges, since these were intended to allow MPs to speak without fear.
"I believe that by granting this right, we would be bringing the citizen closer to Parliament because we would be tangibly providing him with the means to voice his concerns in the highest Institution. At the same time, we would be showing him that the Members of Parliament are ready to be more accountable because this step in itself should serve as a means of control in respect of those who abuse their parliamentary privileges,” he said.
In his speech Dr Farrugia also recounted the historical context leading to the killing of four Maltese during bread riots in Valletta on June 7, 1919, an event seen as leading to the granting of self-government and Malta's first parliament - the National Assembly - in 1921..