Offer of resignation following a change in Government

Abstract

The Nationalist Government introduced the administrative practice - still extant - that, following a general election, certain chairpersons and members of administrative bodies should offer their resignation to the new Government. Then it is up to the new administration to decide whether to accept such offer of resignation or not. A Labour Government in 2013 extended this practice to the Principal Permanent Secretary and Secretary to Cabinet, Permanent Secretaries, the Commissioner of Police, the Chairman of the Malta Communications Authority and at least one tribunal, the Industrial Tribunal. This paper discusses this administrative practice and comes up with concrete proposals as to how the matter should be regulated by law in the future. Nonetheless, in this paper, due to lack of space, I do not query such a policy, that is whether it should be retained or not, as that merits another study in its own right.