HC Deb 16 April 1962 vol 658 cc17-8W
82. Sir W. Teeling

asked the Secretary of State for the Colonies whether he will now make a statement on the result of his discussions with the Prime Minister of Malta concerning the revision of the Constitution of Malta.

Mr. Maudling

I have been discussing with the Prime Minister of Malta a number of changes in the Malta Constitution.

I have agreed that the Constitution should be amended in the following respects:

Police Responsibility for the provision, maintenance and administration and the use and operational control of the Police Force should be transferred from the Governor to Maltese Ministers. Instructions should be issued to the Governor that he should not reserve under Section 76 (a) a Bill which appears to him to affect internal security only as relating to the provision, maintenance and administration and use and operational control of the Police. The Police Ordinance could be amended to provide for an appeal from the Commissioner of Police to the Public Service Commission in disciplinary matters. Instructions should be issued to the Governor that he should not under Section 76 (d) (i) reserve Bills amending the Police Force Ordinance except in so far as they affected the powers of appointment, promotion, discipline and dismissal of officers in the force below the rank of Inspector.

Public Service The recommendations of the Public Service Commission and the Judicial Service Commission should not go to the Governor but to the Prime Minister, such recommendations to be mandatory but the Prime Minister to have the right to refer back once. The powers of delegation on the recommendation of the Public Service Commission should also pass to the Prime Minister. Appointments to the offices of Attorney-General and Permanent Secretary should be by the Prime Minister after consulting the Public Service Commission. The appointment of the Commissioner of Police shall rest with the Prime Minister acting on the recommendation of the Public Service Commission. The Secretary to the Cabinet should be a public officer appointed by the Governor acting on the advice of the Prime Minister.

Judges and Magistrates Judges and Magistrates should be appointed by the Governor on the advice of the Prime Minister.

Cabinet Papers The provision entitling the Governor to see or be provided with all the papers which are available to the Cabinet and any other information concerning the Government of Malta that is so available should be replaced by a provision that the Prime Minister shall keep the Governor fully informed about the general conduct of the Government of Malta and shall furnish him with full information on any matter which he may require. The provision for the U.K. Commissioner to see Cabinet Papers should be deleted on the understanding that the Prime Minister will pass to the U.K. Commissioner papers which in his opinion concern the United Kingdom's responsibility for defence and external affairs.

Laying of Financial Statement The provision requiring a financial statement in respect of the current financial year to be laid before the Assembly should be modified.

Ministerial leave of absence The provisions relating to the absence from Malta of the Prime Minister and other Ministers shall be deleted. Other changes in the constitution connected with these matters were proposed by the Prime Minister of Malta to which the Secretary of State felt unable to agree at this stage, but it was decided to continue the discussion at a further meeting in the near future, on these and other points.

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