Cap. 595 Art. 39Power to make regulations. Repeal and Saving. Cap. 497.

The Prime Minister may make regulations to give effect to any of the provisions of this Act and the enforcement thereof, and without prejudice to the generality of the foregoing such regulations may provide for:

(a) the better organisation, management and administration of the public administration;

(b) the manner in which the accounts and records of government agencies and government entities are to be kept;

(c) the sanctions that may be applicable in case of breaches of the Code of Ethics;

(d) the procedures to be followed by the Merit Protection Commission;

(e) the manner in which public officers shall be detailed, released, deployed, attached or seconded with agencies and government entities, and the rights accruing to such officers, so however that the Prime Minister may, without prejudice to any vested rights, also make regulations with a view to resolving any matter;

(f) the recruitment in public administration of nationals of Member States of the European Union other than Malta and nationals of other countries enjoying similar rights in relation to the free movement of workers:

Provided that posts involving the exercise of public authority and the safeguarding of the general interests of the State, and particularly those listed herein, may be reserved for Maltese nationals:

(i) posts in the Office of the President, the House of Representatives, the Prime Minister’s and Ministers’ Secretariats, the Cabinet Office, and the offices of the Principal Permanent Secretary and of Permanent Secretaries;

(ii) the Judiciary, posts involving the preparation of expert advice in the field of prosecution of offences or lawmaking, and posts entailing responsibility for advisory constitutional bodies;

(iii) posts involving the sovereignty of the State, including diplomatic and foreign representation;

(iv) posts in the Office of the Prime Minister and the Ministries for Finance, Justice, Home Affairs and Foreign Affairs;

(v) posts within departments charged with the protection of the economic interests of the State, including tax authorities;

(vi) positions in the Higher Executive Service;

(vii) posts in the disciplined forces and offices responsible for defence matters; and

(viii) posts in the security services and in the field of civil protection and defence;

(g) matters of organization and administration in relation to specialised units, including the conferment of legal personality for particular purposes; and

(h) the amendment of the Schedules to this Act, unless otherwise specified.

40*. (1) The Public Administration Act, hereinafter referred to as "the repealed Act", is hereby repealed and any references in any law to the repealed Act shall be construed as references to this Act.

(2) Any order, rule, regulation, directive, notice or other instrument having the force of law made under the authority of any of the provisions of the repealed Act shall continue in force and shall continue to have effect as if made under this Act and may be amended, substituted or revoked accordingly.

(3) Any permission, authority or order granted or made

*Originally numbered as Article 43. under any of the provisions of the repealed Act and still in force immediately before the date of coming into force of this Act shall, as from such date, continue in force as if it were a permission, authority or order granted or made under a corresponding provision of this Act, and any such permission, authority or order as aforesaid shall be treated and dealt with accordingly.

FIRST SCHEDULE

CODE OF ETHICS FOR PUBLIC EMPLOYEES AND BOARD MEMBERS

(Article 5)

General Preamble

A serves as an ethical benchmark and compass Code of Ethics for action and behaviour in relationships with seniors, peers and subordinates. It outlines the principles and values governing the conduct of individuals and corporate bodies by describing behavioural expectations; and it encourages the identification of, and learning from, such ‘good practices’ in a respective field. Adopting and upholding a code of ethics promotes fair conduct; acknowledges the highest standards of integrity; safeguards rights of citizens, clients and users; and endorses a vision that embraces probity, exactitude and professionalism.

A Code of Ethics does not cover standards which people in general should follow (whether laid down by law or established by social norms), general employee obligations, profession-specific standards or organisational cultural requirements.

Rationale

Ultimately, the authority of any system of Public Administration rests on the extent to which it earns the respect of its citizens. That respect comes from the confidence which people have in the integrity of the system generally, and in the professionalism and impartiality with which the system goes about providing its manifold services particularly. All those employed by the state have their critical part to play in upholding public respect for the public administration.

The nationals, citizens and residents of Malta have every right to expect that public employees, employees of state agencies and members representing government on boards are honest, fair, efficient, competent and loyal. Actual or potential users expect the departments and agencies of the Government of Malta to comply with the letter and the spirit of the law. They expect official decisions to be made in a timely manner, fairly and impartially; public funds to be spent wisely; and public property and public equipment to be used and cared for responsibly. They expect public employees to behave ethically, and to be conscientious, courteous and competent in their work. Users of public services hold public employees accountable for their behaviour, actions and decisions.

Generations of public employees have sought to honour and meet these expectations.

Any abuse of trust, resources or information, or personal opportunism, undermines the entitlement of the Maltese public. High standards of integrity and conduct should underpin how public employees go about their business.

This Code of Ethics describes and articulates the framework that defines the behaviour and actions of the public service and the wider public sector.

Applicability