The Malta Independent 8 June 2024, Saturday
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Constitution in contrast with PM argument on Mercieca waiver

Malta Independent Friday, 26 April 2013, 17:17 Last update: about 11 years ago

Ministers and Parliamentary Secretaries who lecture at the University of Malta or any other institution are not breaching the ministerial code of ethics, since the constitution of Malta allows such practice.

This issue is dealt with by article 54 of the constitution which specifies instances which could lead to the disqualification of members of the House of Representatives.

Subsection 3b states that a person shall not be treated as holding, or acting in, a public office “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”.

This particular article in the constitution was brought to The Malta Independent’s attention following the arguments made by Prime Minister Joseph Muscat about the waiver granted to Parliamentary Secretary Franco Mercieca.

Earlier today Dr Muscat justified his decision to allow Dr Mercieca to continue practising his profession as ophthalmologist by drawing comparisons with members of cabinet in previous administrations who used to lecture at University.

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