Debates of 2 Feb 2006

MR. SPEAKER
PRAYERS 10 a.m.

CORRECTION OF VOTES 10 a.m.

AND PROCEEDINGS AND 10 a.m.

THE OFFICIAL REPORT 10 a.m.

Mr. Speaker 10 a.m.
Order! Order! Correction of Votes and Proceedings of Wednesday, 1st February, 2006. [No Correction was made in the Votes and Proceedings of Wednesday, 1st February, 2006.]
Hon. Members, we have two Official
Reports for 27th January, 2006 and 31st January, 2006. If there are any omissions and corrections, you may bring them to the attention of the Clerk's Table. Item 3 - Questions.
Hon. Majority Leader, is the hon.
Minister for Education and Sports in?
Mr. Owusu-Adjapong 10 a.m.
Yes, Mr.
Speaker, he is in the corridor. He is not on the floor yet, so if you could ask the hon. Minister for Energy to start.
Mr. Speaker 10 a.m.
Question number
121, hon. Godfrey Otchere, Member of Parliament of Ayensuano.
ORAL ANSWERS TO QUESTIONS 10 a.m.

MINISTRY OF ENERGY 10 a.m.

Minister for Energy (Prof. Mike Oquaye) 10 a.m.
Mr. Speaker, the Anum Apapam, Mfranor, Kuono, Sowatey, Teacher Mantey and Kwaboanda communities form part of the SHEP-4 programme. These communities, however, do not form, generally, part of the SHEP-4, Phase-1 project which is of limited scope.
Mr. Speaker, I am happy to say, however, that with regard to Anum Apapam, work has already started and I trust my hon. Colleague is advised on this. Under the SHEP-4 programme, thirty- eight communities in the Suhum-Kraboa- Coaltar District of the Eastern Region have been earmarked for connection to the national grid. Mr. Speaker, these communities, including the ones above, will be connected to the national electricity grid under the subsequent phases of the SHEP-4 programme, in line with
the implementation schedule and the availability of funds.
Mr. Speaker, with regard to the implementation of the ongoing as well as future electrification projects, the Ministry of Energy has taken delivery of electrical materials under the fifteen million dollar Indian Exim-Bank credit facility.
Further, Parliament has approved a sixty million facility to the Government of which thirty million will be used for our rural electrification project. The materials to be procured under this facility are expected to be delivered in the second half of this year. Mr. Speaker, this will enable us accelerate the pace of the electrification programme.
Our allocation of funds under the 2006 budget is, however, not sufficient to fully implement the planned projects. We are, therefore, Mr. Speaker, liaising with the Ministry of Finance and Economic Planning for the release of additional funds to support the implementation of the projects under the SHEP programme in 2006.
Mr. Otchere 10 a.m.
Mr. Speaker. I want to find out from the hon. Minister, what the Ministry's programme is on those communities which cannot afford the purchase of the electric poles.
Prof. Oquaye 10:10 a.m.
Mr. Speaker, under the SHEP programme, there is the element of self-help and I will advise that those communities help themselves for others to help them.

SHEP III Electrification Project in
Prof. Oquaye 10:10 a.m.
Mr. Speaker, under the SHEP-3 Phase-3 project four communities namely Dawa, Mataheko, Mobole and Nyigbenya from the Ningo/Prampram consti tuency were earmarked for connection to the national electricity grid. These communities also form part of the number of communities captured under the project in the Dangbe West District of the Greater Accra Region.
We note that installation works in the above mentioned communities have been completed and the first phase of registered customers have been connected. Mr. Speaker, we further note that some households in the communities did not register with the Electricity Company of Ghana (ECG) to have their premises connected during the initial registration exercise. The Ministry in collaboration with the Electricity Company of Ghana (ECG) is compiling the list of the next batch of customers for meter installation by March 31, 2006.
Mr. Speaker, my hon. Colleague on the other side may want to advise his constituents who would be interested to follow up, and they will be attended to accordingly.
Mr. E. T. Mensah 10:10 a.m.
Mr. Speaker, I
want the hon. Minister to tell us whether he has himself verified the completion of the Dawa project.
Because, Dawa stretches to Domanya and as far as we are concerned it has not been completed.
Prof. Oquaye 10:10 a.m.
Mr. Speaker, I take note of the mention of Domanya and I will check to see if there is any discrepancy in
that regard. I will be very receptive to any information in that regard that my hon. Colleague on the other side may want to pass on to me.
Mr. E. T. Mensah 10:10 a.m.
Mr. Speaker, having
taken note, I would want to draw the hon. Minister's attention again to the issue about the registration of the meters. The registration was completed, but the meters were not supplied and so I would want to see the hon. Minister's predecessor, who said he was going to something about it. Nothing has been done yet about it so if he can check up and let us know what will have to be done for the people.
Mr. Speaker 10:10 a.m.
Hon. Member, you
know it is not a question.
Mr. E. T. Mensah 10:10 a.m.
Mr. Speaker,
Mr. Speaker 10:10 a.m.
Hon. Member, let me
call you first. [Laughter] -- If you may rise.
Mr. E. T. Mensah 10:10 a.m.
Thank you, Mr. Speaker. Mr. Speaker, I want to find out from the hon. Minister whether he has checked or verified the information that has been put here, with regard to the issue of the meters.
Prof. Oquaye 10:10 a.m.
Mr. Speaker, there
is a need for a prospective customer to register, pay a fee, get a meter and be connected accordingly. If this has not been done, they cannot be registered; and this is exactly what I said earlier.
Mr. E. T. Mensah 10:10 a.m.
Mr. Speaker,
again I want to find out whether the hon. Minister had checked on the information in connection with Mataheko, that Mataheko's connection has been completed. I want to find out from him.
Prof. Oquaye 10:10 a.m.
Mr. Speaker, from the information available to me, that has been done. If my Colleague has any complaints about that, he is free to let me know; we shall check and whatever discrepancy there may be will be dealt with accordingly.
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker,
from the hon. Minister's Answer, he made reference to SHEP 3 and SHEP 4. I want to find out from the hon. Minister whether the two programmes are being run concurrently or it is the case that he should have exhausted or completed SHEP 3 and then moved on to SHEP 4.
Prof. Oquaye 10:10 a.m.
Mr. Speaker, there
were some areas that were not completed under SHEP 3 and these are overflowing and are being dealt with accordingly. It is just a way of identifying them and working upon them accordingly. Some of the difficulties arose as a result of what I have earlier described as ECOMOG poles that were brought into the system which were not acceptable; they were found unsatisfactory.
SHEP IV Project in five Villages
Q. 123. Mr. Anthony Evans Amoah
(Mpohor Wassa) (on behalf of Mr. Andrew Mensah asked the Minister for Energy when the SHEP IV of the following towns would be completed:
(i) Kwadoegya,
(ii) New Odonase,
(iii) Obohen,
(iv) Abuenu,
(v) Atwereboanda.
Prof Oquaye 10:10 a.m.
Mr. Speaker, the Kwadoegya, New Odonase, Obohen, Abuenu and Atwereboanda communities of the Abura-Asebu-Kwamankese District
of the Central Region form part of the on-going SHEP-4 Phase I project. High Voltage (HV) and Low Voltage (LV) works have been completed in these communities. The networks have been commissioned at Kwadoegya, New Odonase, Abuenu and Obohen. The only outstanding works are the fixing of transformers at Atwereboanda and customer service connections in the communities.
Mr. Speaker, the project in the above- mentioned communities would be completed by the end of the 2nd Quarter of 2006, all things being equal.
Under the SHEP-4 Programme, 52 communities in the Abura-Asebu- Kwamankese District of the Central Region, which are not part of the on- going SHEP-4 Phase-I project, have been earmarked for connection to the national grid. These communities would be connected in the subsequent phases of the SHEP-4 Programme in line with the implementation schedule and availability of funds.
Rural Electrification Programme
Q. 124. Mr. Anthony Evans Amoah (on behalf of Mr. Andrew Mensah asked the Minister for Energy when the following communities, not under SHEP IV, would benefit from the Rural Electrification Programme:
(i) Abura Gyabankrom,
(ii) Abura Aboase,
(iii) Ekotsia Kokodo,
(iv) Kweku Mensa Ekroful, (v) Old Odonase,
(vi) Odumase,

(vii) Korado,

(viii) Patoako,

(ix) Abompi,

(x) Kwekutu,

(xi) Ahomfia No. 1,

(xii) Abasa.
Prof. Oquaye 10:10 a.m.
Mr. Speaker, I respectfully wish to advise that the Patoako community of the Abura-Asebu- Kwamankese District of the Central Region has been awarded for connection to the national electricity grid by the Ministry of Energy. Low Voltage (LV) network construction has been completed in this community. Arrangements have been made for the delivery of High Tension (HT) poles to enable us implement the project. The project is scheduled to be completed by the 2nd quarter of this year
2006.
With the exception of Abura Aboase which is part of the SHEP-4 Programme, the remaining communities have not been listed under any of the ongoing electrification projects of the Ministry of Energy at the moment.
In response to requests from these communities, the Ministry of Energy has carried out engineering surveys, designs and other preparatory works for possible connection to the national electricity grid. These communities, which do not form part of the SHEP-4 Programme at the present would therefore be connected to the grid in due course after the completion of the SHEP-4 programme and the availability of funds.
Mr. S. A. Kwao 10:20 a.m.
Mr. Speaker, may I know from the hon. Minister when SHEP
4, Phase I project will be completed and when the Phase II will start.
Prof. Oquaye 10:20 a.m.
Mr. Speaker, these
will be completed also in line with the provision of new tension poles by the communities in question. Mr. Speaker, it is therefore not easy to say that all of these would be completed at the same time, because sometimes some communities themselves are in default. These are some of the difficulties.
Sefwi-Wiawso Constituency Rural Electrification Projects
Q. 125 Mr. Evans Paul Aidoo asked the Minister for Energy why contractors working on Rural Electrification Projects in the Sefwi-Wiawso constituency, at Sui, Abrabra, Kojina, Essakrom and others had been directed to stop work.
Prof. Oquaye 10:20 a.m.
Mr. Speaker, we wish to advise that the Ministry of Energy has not directed the contractor working in the above-mentioned communities to stop work. Work is going on in the area. At the moment, the contractor is carrying out High Voltage (HV) and Low Voltage pole erection in the communities. Within the last two months, a total of 206 HV poles have been erected on the Sui-Abrabra- Mile 5 line-route. Further, 40 LV poles were erected at Sui. A total number of 100 LV poles so far been dressed at Sui with 20 of them strung.
Further, 20 and 10 LV poles have also been erected at the Abrabra and the Mile 5 communities respectively in the last two months. At Appiahkrom and Aboanidua, 37 and 10 LV poles were respectively erected within the last two months. With the arrival of materials as aforesaid, the Ministry of Energy has arranged to send materials to allow for pole dressing and stringing.

We note further that the total completion of works in these communities would to some extent depend also on the availability of LV poles to be procured by the communities in line with the SHEP policy.

If my hon. Friend on the other side would quickly have these low voltage poles arranged and see us at the Ministry, we would work together to have this done. But definitely, that information is not correct.
Mr. E. P. Aidoo 10:20 a.m.
Mr. Speaker, I asked
this question about six months ago and I was in the communities somewhere around 13th January; and the hon. Minister is also saying that work started about two months ago. Is the hon. Minister not aware that the contractor has stopped work since December 2004 and that apart from Sui township, nothing has been done at Kojina, Essakrom, Ekorafu, Akonja, Appiahkrom and Ntenteso?
Prof. Oquaye 10:20 a.m.
Mr. Speaker, in view of the statement that work had been asked to be stopped by the Ministry, I took the trouble to find out what has specifically been done in the past two months in this particular community to show that work has not stopped. So Mr. Speaker, the Ministry stands by this information and I would respectfully advise my hon. Friend on the other side to check his facts.
Mr. E. K. Salia 10:20 a.m.
Mr. Speaker, could
it not have been that at the time the hon. Member asked the Question work had been stopped and only resumed two months ago?
Mr. Speaker 10:20 a.m.
Hon. Member for Jirapa,
is this a question?
Is this your observation?
Mr. Salia 10:20 a.m.
Mr. Speaker, the hon.
Member asked this Question a couple of months ago and the Answer to this Question is that when he checked two
months back work had resumed. My point is that this might not be incompatible with the Question asked because at a point in time, six months earlier, probably there was no work going on but work only resumed after he had asked the Question. That is all that I am trying to find out.
Mr. Speaker 10:20 a.m.
It appears it is an
observation.
Mr. Salia 10:20 a.m.
Mr. Speaker, it is a question.
Mr. Speaker 10:20 a.m.
Is it a hypothetical
question then?
Mr. Salia 10:20 a.m.
Mr. Speaker, I just wanted
to ask the hon. Minister whether work did not only resume about two months ago.
Prof . Oquaye 10:20 a.m.
Mr. Speake r,
respectfully, that is speculation. Mr. Speaker, because my hon. Friend, Mr. Salia, is not speaking about something that he knows as a statement of fact, but he is in effect saying that perhaps this may have happened because this Question was asked some time ago. Mr. Speaker, I am saying that work was not stopped at any time and that in the last two months, this is the progress that was made.
Mr. Salia 10:20 a.m.
Mr. Speaker, this is not
speculative; the Question was specifically asked six months ago. My question is, six months ago was the work done? Was work going on six months ago?
Mr. Speaker 10:20 a.m.
Hon. Member for Jirapa,
I thought the answer was that work was never stopped at any stage. That was the answer.
Mr. Salia 10:20 a.m.
Mr. Speaker, he also said that -
Mr. Speaker 10:20 a.m.
If you have another question, please go ahead and ask it.
Mr. A. S. K. Bagbin 10:20 a.m.
Mr. Speaker,
could the hon. Minister tell us when work commenced on this project?
Prof. Oquaye 10:20 a.m.
Mr. Speaker, if my
hon. Friend on the other side would want a specific date for the commencement, if he brings a Question like that, I will answer accordingly. I have answered the Question according to what was asked and I have stated that the work that was commenced was never stopped at any given time.
Mr. Speaker 10:20 a.m.
Hon. Minister for
Energy, thank you very much for appearing to answer these Questions.
MINISTRY OF EDUCATION 10:20 a.m.

AND SPORTS 10:20 a.m.

Minister for Education and Sports (Mr. Yaw Osafo-Maafo) 10:30 a.m.
Mr. Speaker, the MOES/GES remains committed to human resource training and development. The grant of study leave with pay for teachers is guided by the following policy:
1. Conditions
(a) Members should have served for a minimum of three (3) years after certification or since returning from the last approved course but must not be under bond unless serving in deprived areas.
(b) Non-Professional graduate teachers should have served for at least one (1) year and are to embark on the Post Graduate Diploma in Education course.

(c) Members of the Service returning from the secondment who are not under bond should have served at least two (2) years before embarking on any course.

(d) Members of the Service who vacated post and were reinstated should have served for at least five (5) years that is after return before embarking on any course.

2. Bonding

Staff of GES granted study leave with pay are bonded and therefore expected to return to serve for a specified period of time as indicated below:

6 months - 1 year -- 2years service

Beyond 1 year - 2 years -- 4 years service

Beyond 2 years -- 5 years service

Any staff who fails to avail themselves for posting are requested to pay the value of the bond which is five times the total amount spent on the individual.

Quota System

The Study Leave with Pay Policy was made cost effective through the Quota System, which is Demand Driven.

Subjects to attract Study Leave with Pay vary from year to year based on the Needs Analysis conducted by HRMD and District/Regional Directors and the GES Council determines the number of applicants to be granted Study Leave with Pay in a given year. For the 2005/2006 academic year, the quota is 3,000 teachers.

Decentralisation

In 2005/2006, the Study Leave system was decentralized to the regions for the following reasons:

(a) The Regional/District schedule officers know the individual t eachers and can de tec t falsification of personal records by applicants.

(b) Schedule Officers are in a better position to determine schools which are deprived.
Mr. Joe Gidisu 10:30 a.m.
Mr. Speaker, study leave provides, among other things, the upliftment of the professional base of a large portion of professionally lowly- placed teachers. What is the current number of teachers in the country of which the 3000 is being considered under the quota system?
Mr. Osafo-Maafo 10:30 a.m.
Mr. Speaker, the question again, please.
Mr. Joe Gidisu 10:30 a.m.
Mr. Speaker, I said
that the study leave with pay, among other things, provides the platform for professional upliftment of professionally lowly-placed teachers in the country; and I am trying to ask him, what is the current number of teachers in the country
who are in the line of such study leave, of which the 3000 teachers have be targeted under the quota system for the 2005/2006 academic year.
Mr. Osafo-Maafo 10:30 a.m.
Mr. Speaker,
last year, we received about 11,800 applications for study leave with pay. We expected that the total outflow of teachers returning from all the 38 training colleges would amount to 8,400; and to allow for a substantial amount to be retained under the quota system, we granted 3000 so that there will be a net inflow of 5000, bearing in mind that we have a very big deficit of teachers in the country.
Mr. Joe Gidisu 10:30 a.m.
Mr. Speaker, if the national quota is 3000 for the whole country, what factors influence the quotas for the regions and the districts?
Mr. Osafo-Maafo 10:30 a.m.
Mr. Speaker, we
are not using districts and regional factors; we are using national factors. As I said, the Ghana Education Service (GES) determines on annual basis which are our need areas - mathematics, English, French, it has nothing to do with the regional allocation. And then GES also determines the shortfalls in these areas, then in assessing we take into consideration how long you have served in the system. Because it is a quota system, if you have just returned and even qualified because you have served five years and somebody else has served 12 years, obviously, the one who have served 12 years will come before you, and because we are talking about deprived areas, teachers who are in deprived areas are given preference. Therefore, we have now ceded this to the districts and the regional level which have the data on areas constituting the deprived areas. And our definition of deprived area is coterminous with the definition of the Ministry of Local Government and Rural Development.
Mr. Joe Gidisu 10:30 a.m.
Mr. Speaker, the Minister in his Answer said that they have decentralized the quota system to the districts and the regions. For example, in my North Tongu District, the national figure is 3000. There are a number of teachers who might be applying for the study leave from that district in a particular year, or for this year. How do you then limit and what factors therefore influence the limitation for such teachers who may apply for study leave in the North Tongu District towards the 3000 quota which is the national one.
Mr. Osafo-Maafo 10:30 a.m.
Mr. Speaker,
as I said, we are very specific about the role of the regional; and they have also the Regional Directors Council. So the applications are processed at the districts; the decentralization basically is in the processing of the application. Formerly, most of these applications found their way to the headquarters and this created problems. Therefore, they are processed decentrally because the factors being used are better know at the district level.
Mr. Speaker, you may know that
two years ago, there was a violent demonstration in the Ministry because of this. When we decentralized everybody appeared to have been satisfied and there was no such violent reaction. The decentralization appears to have worked favourably.
Mr. Joe Gidisu 10:30 a.m.
Mr. Speaker, the Minister has not answered my question. My question is that the national quota is 3000 and they have decentralized this to the regions and the districts. In my North Tongu District, how do the teachers there fall within the 3000 quota whilst in effect other districts throughout the country too may be applying and would be limited to the 3000 quota. How do they then take on board the quotas from the various districts?
Mr. Osafo-Maafo 10:30 a.m.
Mr. Speaker, I am sure he has not personally understood my answer. I am saying that the criteria determined is national and therefore the GES would have determined in advance and passed round that this year, we are granting so much for mathematics, English, Science et cetera; North Tongu applicants who would be applying for these deficit areas obviously fall into place. But if under the circumstances, using national criteria, they do not fall in, then they will not be selected even by their own districts and by their own regional headquarters.
Mr. J. Z. Amenowode 10:30 a.m.
Mr. Speaker,
I am a bit confused mathematically. We have about three universities that train teachers, that need ungrading - the University of Education, Winneba, the University of Cape Coast some departments of it, and then Kwame Nkrumah University of Science and Technology, some departments, of it all these combine to train our teachers and they do admit annually - I do not have the correct figures but well above 5,000 collectively. Now, the Minister is saying that they have made provision for only 3000. Who then should occupy the remaining quotas in the universities that train our teachers?
Mr. Osafo-Maafo 10:30 a.m.
Mr. Speaker, I
will make the point clear. Many teachers are in the universities studying but not on study leave with pay; only 3000 of them are under study leave with pay. The rules do not prevent any teacher who wants to go on study leave with or without pay to do so. In fact, there may be over 8000 teachers who are studying in these universities but without pay. The rule is that only 3000 of these attend with pay. We do not prevent others from going because they do not get the study leave. You may if you so desire, but you will not have salary
during your tenure in the university.
Mr. John Tia 10:30 a.m.
Mr. Speaker, in the
Minister's Answer, he said that the quota for this year is 3000 and it has been decentralized. I want to know from the Minister the breakdown at the district level, regional level and national level of this 3000. How many teachers in my district, for instance, were sponsored? I would want to know the break down.
Mr. Speaker 10:40 a.m.
Order! Order!
Mr. Osafo-Maafo 10:40 a.m.
Mr. Speaker, I
made this point clear that we are looking at national figures. I cannot get the figures for you - how many in your district did qualify. We are qualifying based on national criteria, but not on district criteria. So I can get for Members how many of the teachers in each district come under the 3,000, but I do not know it off my head.
Mr. Tia 10:40 a.m.
Mr. Speaker, I want to know
from the Minister whether if my district has 20 qualified teachers for study leave and they submit applications, they will all be approved or considered. Because if you are talking about decentralisation, it means it has been broken down to the districts, so a district must know that it has a certain number under the 3,000 to consider. That is what I want to know from the hon. Minister.
Mr. Osafo-Maafo 10:40 a.m.
Mr. Speaker, if the
applicant of a district, all the 20 of them do not satisfy the national criteria -- none is going to do mathematics or science, none is a deprived area -- then naturally for that year, that district could have zero. But if all the 20 also qualify, it can also have 20.
Mr. F. Twumasi 10:40 a.m.
None

Sene): Mr. Speaker, I want to know from the Minister what, in the event that you have more than 3,000 of them qualifying, they would do with the rest.
Mr. Osafo-Maafo 10:40 a.m.
Mr. Speaker, this
question is quite hypothetical. We are talking about grading. It is not certification, it is grading. So if you want 3,000 out of 15,000 you are going to pick your best 3,000. So in any year we would not be talking about qualifying, we would be talking about satisfying the laid-down criteria. So if the criteria is five, whoever satisfies all the five would be selected first. So if those who satisfy the five are 3,000 so be it. But assuming that we do not get 3,000 to satisfy all the five, then we would see who would satisfy four and add to it. So at the end of the day, they would by all means get the 3,000.
GES District Headquarters Building at Keta
Q. 238. Mr. Daniel Abodakpi asked the Minister for Education and Sports if his Ministry would as a matter of urgency complete and furnish the Ghana Education Service District Headquarters building at Keta to enable the officers of the Service perform their supervisory and monitoring roles in a more effective and efficient manner.
Mr. Osafo-Maafo 10:40 a.m.
Mr. Speaker, currently, work is still on-going at the Ghana Education Service District Headquarters building in Keta. It is a three storey-building which is expected to be completed by next year. As at now, the ground floor and part of the first floor has been completed and it is being used. The electrical works is 86 per cent complete and the project as a whole is 68 per cent complete. Since the inception of the project, the Government has spent ¢901,869,219.38 on the project. In the 2006 Budget, this is the current budget ¢200 million has been approved to continue the work.
Mr. Abodakpi 10:40 a.m.
Mr. Speaker, it seems my Colleague has pre-empted that question. But the question I want to ask is, is the district directorate in anyway involved in the award and supervision of the contract, in order to obtain value for money for the job that is being executed?
Mr. Osafo-Maafo 10:40 a.m.
Mr. Speaker,
yes, they are. Indeed, in the district, for a project like the Ghana Education Service district headquarters, I expect the District Chief Executive (DCE) to be part of the monitoring process. He should indeed show interest and commitment to this because the most decentralised sector of the economy is education, and under the Local Government Law, the District Assemblies' primary function is to look after education. So I expect the DCEs to be interested and to be involved.
Dr. Kwame Ampofo 10:40 a.m.
Mr. Speaker,
I wish to know from the hon. Minister whether there is a specific policy of the Ministry in siting the district education offices throughout the country.
Mr. Osafo-Maafo 10:40 a.m.
Mr. Speaker, I
am not very sure whether I understand the question. Siting, in the location of the -- Certainly, there is not a defined policy. This would vary from district to district and it is the District Assembly that would give us even the site for the construction, and therefore there is no policy from Accra directing you to put the building here or there. It must be locally decided.
Dr. Ampofo 10:40 a.m.
So Mr. Speaker, if I
understand him, what the hon. Minister is saying is that it is not necessary for the district education office to be sited in a particular town in a district, so long as it is convenient for the administration of education of the district.
Mr. Osafo-Maafo 10:40 a.m.
Mr. Speaker,
district headquarters buildings and
Mr. Alex Kyeremeh 10:50 a.m.
Mr. Speaker, is the hon. Minister aware that for four years running about 70 per cent of students who sat for the Senior Secondary School examination failed this subject and are finding it difficult gaining admission to any tertiary institution in this country since the basic requirements are English, Mathematics, Core Science and others? If he is aware, what are the measures put in place to redeem such a situation?
Mr. Yaw Osafo-Maafo 10:50 a.m.
Mr. Speaker, I
am not aware of the specific problem with the district but I am aware of the national problem to the extent that his figure is even high. In three regions just yesterday, I noted from the Examinations Council report that the average pass was about 18.5 per cent for mathematics and science. This of course, is very unsatisfactory. In English Language, we are talking about
Mr. Kyeremeh 10:50 a.m.
Mr. Speaker, I quite
appreciate long-term measures to provide infrastructure to these schools. In extreme cases like ours where classes are held under mango trees and corridors, what are the immediate plans of the Ministry to redeem such a situation?
Mr. Osafo-Maafo 10:50 a.m.
Mr. Speaker, where
there are no classrooms, the problem is immediate for every village and every town and I dare say that the provision of classrooms are on-going. Within the last four years, over eight thousand new schools have been built but there are still basic schools of six and three classrooms. Mr. Speaker, we have quite a problem with the deficit because the demand far exceeds the supply and therefore it will take quite some time to cover all these schools which are not yet housed.
But I can assure the hon. Member
that we are running a special programme with the Ghana Education Trust Fund (GETFund) to identify all such schools and do a five year programme to tackle all of them within a period of five years.
Mr. Gershon Gbediame 10:50 a.m.
Mr. Speaker,
in the Answer given by the hon. Minister, he said that the Government is working out a programme to provide incentives to increase the number of science and mathematics teachers at all levels of the educational system.
May I know when this programme will commence and the nature of the incentives that he is talking about.
Mr. Osafo-Maafo 10:50 a.m.
Mr. Speaker, in fact,
the incentives will be made downstream and upstream. We must also provide incentives for students to be interested in studying science and mathematics, otherwise there will not be any of them for us to give incentives to become teachers. Therefore, our first set of incentives will be for students - those who are studying mathematics and science, as it existed under President Nkrumah's regime some time back. That is the first downstream.
Then, we would look at providing incentives for those who teach these subjects. We have requested the Ghana Science Teachers Association and certain other bodies to give us some idea on these. When the ideas have been crystallized and put together, I shall inform my hon. Colleagues. If there are people with ideas about providing incentives both for those who study these subjects and those who teach them, I shall be most grateful to receive them.
Mr. Simons Addai 10:50 a.m.
Mr. Speaker, I would like to know from the hon. Minister whether he has any plans to supply the Bouyem Secondary School, Offuman Secondary School and Tuobodom Secondary School with buses because all these schools depend on the only bus which was given to Techiman Secondary Schools and it is almost broken down.
Mr. Speaker 10:50 a.m.
Hon. Member, I hope
you will come appropriately.
Mr. Osei-Prempeh 10:50 a.m.
Mr. Speaker, is
the hon. Minister aware that most science students do not get admission to the universities because Arts students with higher grades are taken whilst science students are left behind? This is one of the primary causes of shortage of science teachers. Is he aware?
If so, what would he do to address
Mr. Osafo-Maafo 10:50 a.m.
Mr. Speaker, my
hon. Colleagues have answered him; it is the reverse. Indeed, the aggregates for getting admission for science students are lower than the Arts. But the problem is that the number of science students is determined basically by certain basic infrastructures that should be at the university. You would need laboratories of certain sizes to increase the numbers of science students and therefore whereas it is easier for the universities to increase the number of Arts students, it is not easy for the universities to increase the number of science students without the corresponding infrastructure. That is the problem and we are addressing this basic problem.
Ministry's Position on the Language Policy
Q. 288. Mr. Joseph Tsatsu Agbenu asked the Minister for Education and Sports what was his Ministry's position on the language policy that the medium of instruction in teaching all subjects apart from English in classes one to three should be in the local language of the child.
Mr. OsafoMaafo 10:50 a.m.
Mr. Speaker, this is a very important Question. There has been a lot of debate on this and therefore I am happy that it has been asked. Mr. Speaker, the White Paper on the report of the Education Reform Review (ERR), has dealt extensively with the medium of instruction at the primary level. Government accepts the recommendation that the children's first home language and
Ghana's official language, English should be used as the medium of instruction at the kindergarten and primary level. Government is aware of the importance of children's native language as an effective communication tool for teaching learners at this level.
Mr. Speaker, Government is also mindful of the depth of research, which provides a scientific basis for the use of parental language as a medium of teaching, and of communication generally in the early stages of education. Thus the formulation of a policy to that effect was made based on research.
Mr. Speaker, Government, therefore, further accepts the recommendation of the Committee that where teachers and learning materials are available and linguistic composition of classes is fairly uniform, the children's first language must be used as the dominant medium of instruction in kindergarten and lower primary school. At the same time, it is also well established that an early and routine acquaintance with second, third or even fourth languages confers on children great advantages in their lifelong proficiency in those languages.
Indeed, children below the age of five are very good at learning languages and can learn more than one at a time.
Mr. J.T. Agbenu 10:50 a.m.
Mr. Speaker,
this language policy was in the system sometime ago. Now, I want to know from the hon. Minister if he is aware that teachers do not adhere to this policy of using the local language in teaching all subjects except the English Language in our kindergartens and primary schools.
Mr. Yaw Osafo-Maafo 11 a.m.
Mr. Speaker, I am not aware that teachers do not
observe this. What I am aware of is that many teachers prefer to use both English and the local language, depending on the subject; and I think that is allowed. But the basic medium of instruction is the mother tongue. Certain private schools - and I am sure he is aware - prefer to use English only; and there is very little the Ministry can do about it because these are private schools.
Mr. Agbenu 11 a.m.
Mr. Speaker, the success
of any educational policy depends on effective monitoring and evaluation of the system. What plans has his Ministry to make this policy work? Observation?
Mr. Osafo-Maafo 11 a.m.
Mr. Speaker, within
the structure of the Ghana Education Service (GES), we have circuit supervisors and the function of the circuit supervisor is to monitor and follow up the educational system within the district. Whether they are performing this function effectively or not does not matter, but within the structure we have people to do monitoring and supervision. It is for this reason, Mr. Speaker, that we are relocating the Inspectorate Division in the Ministry to ensure that people do not sit in judgement in their own cause; that the inspectorate supervision would be done externally from the GES to ensure that there is effective monitoring and supervision.
Prof. Al-Hassan W. Seini 11 a.m.
Mr.
Speaker, I think teaching in the local language, particularly at the early stages is very important for us because language is the beginning of culture. I want to know from the hon. Minister what policy the Ministry has in training teachers who teach in the local language.
Mr. Osafo-Maafo 11 a.m.
Mr. Speaker, like
all other subjects, these are encouraged throughout our school system including our universities. But we have some serious
Mr. G. K. Arthur 11 a.m.
Mr. Speaker, before
I put my question across, let me draw your attention to the absence of some communication gadgets at the back seats.
Mr. Speaker 11 a.m.
Alright, go ahead.
Mr. Arthur 11 a.m.
Secondly, Mr. Speaker,
Mr. Speaker 11 a.m.
Hon. Member, at this
stage ask your question.
Mr. Arthur 11 a.m.
Mr. Speaker, it bothers
me so much, that is why I want to ask - [Interruptions.] Mr. Speaker, I stand on a point of clarification. Question number 289, which was to be asked by hon. George Kofi Arthur, was advertised yesterday to be asked today. But Mr. Speaker, when you look at the Questions - [Interruption.]
Mr. Speaker 11 a.m.
Hon. Member, we would
deal with that but in the meantime, if you have a supplementary Question, ask.
Mr. Arthur 11 a.m.
The Question is not in the
Order Paper. [Interruptions.] Mr. Speaker, I do not have any supplementary Question.
Mr. Charles S. Hodogbey 11 a.m.
Mr.
Speaker, in the Answer given by the hon. Minister, he said the recommendation of the Committee says “where teachers
and learning materials are available and linguistic composition of classes is fairly uniform. . .” My Question is, let us say a class in Accra where the linguistic composition is so diverse, does it mean that there will be no language classes for the pupils?
Mr. Speaker 11 a.m.
Hon. Member, your
question?
Mr. Hodogbey 11 a.m.
My question is,
Mr. Speaker 11 a.m.
No, you ask a question.
Mr. Hodogbey 11 a.m.
Yes, Mr. Speaker. If
there is a class in which the language distribution is so diverse, would there be any language classes for those pupils?
Mr. Speaker 11 a.m.
Hon. Member, you seem
to be asking a hypothetical question. If you have a question, ask.
Mr. Hodogbey 11 a.m.
My question is
if a class has no uniform linguistic composition, like in Accra, for example, what happens?
Mr. Speaker 11 a.m.
Hon. Member for North
Tongu, do you have such a situation? If you have, ask a question about that.
Mr. Hodogbey 11 a.m.
My question again
is, in Accra where we have different languages, what criteria do they use to assign language teachers?
Mr. Osafo-Maafo 11 a.m.
Mr. Speaker,
there are occasions naturally where a teacher may not understand the local language. It does happen; it is not only in Accra but other places. In that case, they normally arrange within the school for a teacher to help that teacher in respect of certain subjects, but the pupils would then be combining English and the local language as the situation would require;
but so far there have not been any serious difficulties.
Mr. E. T. Mensah 11 a.m.
Mr. Speaker,
in connection with teaching of local languages and the concern about lack of incentives to learn, there is a problem that we have had in the Greater Accra Region. Many people learn the language, the Ga and the Dangbe languages - Go to Ada, the school is there. But then they are transferred to areas where the language is not spoken, that is outside the region, and other people rather encumber the position here and this really does not provide the incentives that we are talking about to learn the Dangbe and the Ga languages. So what would his Ministry do to ensure that this problem is addressed?
Mr. Speaker 11 a.m.
Hon. Deputy Minority Whip, are you asking a question or you are making an observation?
Mr. E T. Mensah 11 a.m.
Mr. Speaker, I
concluded with a question and I drew his attention to a concern that he raised here about lack of incentive to learn local languages. I know for a fact that in Accra -- if you go to Ada Teacher Training they learn Dangbe and Ga but when they pass out they are transferred outside the region. Meanwhile, we have shortage of teachers for the teaching of the language in the region and I am asking what his Ministry would do to address this problem so that people would be encouraged to learn the language.
11. 10 a.m.
Mr. Osafo-Maafo 11 a.m.
Mr. Speaker, I am not aware of this problem. I have taken note of my hon. Colleague's concern and I would discuss it with the Ghana Education Service (GES).
Mr. Speaker 11 a.m.
One last question, hon.
Member for South Dayi?
Dr. Kwame Ampofo 11 a.m.
Mr. Speaker,
may I ask the hon. Minister to explain why private schools are not subject to the language policy and regulations of the Ministry. This is because in one of his Answers he did say that some private schools prefer to teach in English and that there is nothing the Ministry can do. I want an explanation as to why they can fall outside the general government policy and regulations on this language policy.
Mr. Osafo-Maafo 11 a.m.
Mr. Speaker, as
the hon. Member is aware, if we take schools like Ghana International School, Akosombo School and the rest, they are not under the direct supervision of the GES and therefore we cannot enforce our language policy of teaching local language on these private schools. We do provide guidelines to private schools and make sure that they meet certain uniform guidelines of the GES, but these are not schools which are under the direct -- and I am choosing the word advisedly - The Ministry supervises all schools including private schools because they must meet certain basic guidelines and standards, but that normal supervisory work that is carried out by our Circuit Supervisors, we do not extend to private schools.
Mr. Speaker 11 a.m.
Hon. Minister for
Education, thank you very much for appearing to answer these Questions. You are discharged.
Mr. Speaker 11 a.m.
At the commencement
of Public Business Item 5 - Motion - Attorney-General and Minister for Justice?
rose
Mr. Speaker 11 a.m.
Hon. Minority Leader?
Mr. Speaker 11 a.m.
Hon. Minority Leader, I am sure we will come to that.
Mr. Bagbin 11 a.m.
Mr. Speaker, I am not saying we will not come to it but I thought the understanding was that we will take that first before doing the Representation of the People (Amendment) Bill.
Mr. Speaker 11 a.m.
Hon. Minority Leader,
did you reach any understanding with the hon. Majority Leader?
Mr. Bagbin 11 a.m.
No, we discussed it
when we came to your place and that was the understanding I got, that is why I am drawing your attention to it.
Mr. Speaker 11 a.m.
I said this would be
taken today as well; we will take all these important --
rose
Mr. Speaker 11 a.m.
Yes, hon. Member for
Bawku Central.
Mr. Mahama Ayariga 11 a.m.
On a point
of order. Mr. Speaker, my point is based on Order 212 (1) of our Standing Orders. Mr. Speaker, with your permission, if I may quote it:
“Every Committee to which a matter is referred shall report to the House before the end of each Session of Parliament. If a Committee
finds itself unable to complete any investigations, enquiry or other matter referred to it before the end of the Session it shall so report to the House.”
Mr. Speaker 11 a.m.
Order! Order! Hon.
Member for Tamale South, I saw you adorning the hon. Member with that - [Laughter] -- What accounts for that?
Mr. Haruna Iddrisu 11 a.m.
Mr. Speaker,
Mr. John Ndebugre 11 a.m.
Mr. Speaker, I
Mr. Speaker 11 a.m.
He seems to be making
a point of order. Are you taking a point of order?
Mr. Ndebugre 11 a.m.
If I heard him right,
Mr. Ayariga 11 a.m.
Mr. Speaker, it amazes
Mr. Speaker 11 a.m.
Please continue.
Mr. Ayariga 11 a.m.
Mr. Speaker, it is
important that he should be allowed to raise a point of order on a point of order. Mr. Speaker, this is clearly disorderly.
Mr. Speaker 11 a.m.
Hon. Member Bawku
Mr. Ayariga 11 a.m.
Mr. Speaker, I rose -
Mr. Speaker 11 a.m.
Go ahead.
Mr. Ayariga 11 a.m.
Mr. Speaker, my
argument is that the Committee had the Bill referred to it the end of the last Session, that they were required to have completed their work before the end of that Session, that they did not complete their work before the end of that Session, and that based on the mandatory provisions of Order 212 they ought to have come back to this House to report to the House why they were unable to complete their work before the end of the Session.
Mr. Speaker 11 a.m.
Hon. Member for Bawku
Central, the Report has been laid before
the House, is that not the case?
An hon. Member: Illegally.
Mr. Ayariga 11 a.m.
Mr. Speaker, the fact that
Mr. Speaker 11 a.m.
I just want to find out
whether the Report has been laid before the House.
Mr. Ayariga 11 a.m.
It has been laid, Mr.
Speaker. Mr. Speaker, the laying of the Report does not cure the illegality of the Report. Mr. Speaker, otherwise, what it would imply would be that when there is an illegality at any stage, if another stage is taken then automatically that illegality is cured by that third step - [Interruptions] -- And that precedent should not be allowed to become a rule in this House. Mr. Speaker, once we have observed that an illegality has taken place, it is our duty to raise it at any stage. [Uproar!]
Mr. Speaker 11 a.m.
Order! Order!
Mr. Ayariga 11:20 a.m.
Mr. Speaker, the Report therefore has no basis for being before this House, and once the Report has no basis for being before this House we cannot allow the Second Reading to take place, so that we will then be compelled to debate a Report that has no proper basis for being before this House. [Uproar.] Mr. Speaker, I therefore move that you rule him out of order.
Mr. Speaker 11:20 a.m.
Hon. Member for
Bawku Central, I have read this;would you be kind enough to point out to me the sanction attached to this? If this has not been complied with, what is the sanction?
Mr. Ayariga 11:20 a.m.
Mr. Speaker, I would
Mr. Speaker 11:20 a.m.
No, I just want to find
out.
Mr. Ayariga 11:20 a.m.
Mr. Speaker, you infer
the sanction from it that the conduct of proceedings in this House ought to be guided by the Standing Orders, that if a Bill is referred to a committee it has to complete its job within a Session. -- [Interruptions.] - But if it fails to do that it has to come back to this House and report that it is unable to finish its work within the Session . We can then extend its mandate to continue the consideration of that Bill. Mr. Speaker, once the Committee has not been able to do that it is implicit in Standing Order 212 that the period for the consideration has lapsed, and once the time-frame for the consideration of the Bill before the Committee has lapsed then the Committee has no mandate. It has no mandate to continue the consideration of that report and to bring it - [Interruption.]
Mr. Speaker 11:20 a.m.
Hon. Member for Bawku
Central, do I have any discretion in this matter? [Some hon. Members: No! No!] Order! Order! - [Interruptions.] Order! Hon. Members, I would want to hear him to understand the point he is making first. I would want to find out whether Mr. Speaker has any discretion in these matters.
Mr. Ayariga 11:20 a.m.
Mr. Speaker, there are
provisions in our Standing Orders which when they decide to give discretion to Mr. Speaker do expressly say so; they expressly say so that “Subject to the pleasure of Mr. Speaker …” What I am saying is that Standing Order 212, in its language, does not appear to me -- and I am convinced about this -- to give any discretion to Mr. Speaker. It says that the report about the inability to complete the exercise within the Session should remain not even to Mr. Speaker but to the House. Mr. Speaker, to the extent that they have
Mr. Speaker 11:20 a.m.
Hon. Member, have you
finished with your argument? That is the end of your argument, is it not?
Mr. Ayariga 11:20 a.m.
Mr. Speaker, as it relates
rose
Mr. Speaker 11:20 a.m.
Hon. Minority Leader,
as far as your point is concerned, my view is that the Report has been laid, there was no objection on laying the Report before the House; it has been laid. If there are any other objections, let us hear you.
Mr. A. S. K. Bagbin 11:20 a.m.
Mr. Speaker, the matter that has been raised is coming under Order 92 where a Member is enjoined, if he feels that a rule is being breached, or the order ocedure of this House is being breached to raise a point of order and that is what the hon. Member has just done. Now before you raise a point of order the rule might have been breached. A Member does not raise it to prevent the breach; it is after the breach that he or she raises it and then gets the attention of the Speaker to rule on it. So Mr. Speaker, the Report has been laid and the rule has been breached and that is why the point of order is being raised, because the Report should not have been laid.
Mr. Speaker, apart from the rules of the House the problem that we have is that at the end of each Session, the Bills that were before us at that Session elapse and then
rose
Mr. Speaker 11:20 a.m.
Are you standing on a
point of order? - [Interruptions.] Let us listen to him - [Pause]
Mr. Bagbin 11:30 a.m.
Definitely, Mr. Speaker,
you are called upon to rule as to whether the House is out of order or not. Under Standing Order 212 the remedy has not been provided for, but we also know where there is no regulation or order in an area Mr. Speaker is enjoined by the Standing Order to provide for that. So Mr. Speaker, yes, you have a discretion in the matter and you have the power and authority to rule whether we are out of order or not out of order. So Mr. Speaker, that is what is on the floor now.
Majority Leader (Mr. F. K. Owusu-
Adjapong) Mr. Speaker, there might have been some disturbing issue but we will look at it later on. Mr. Speaker, if you may permit me to correct an impression created by my hon. Colleague the Minority Leader. Mr. Speaker, it is never correct that the current practice is that at the end of the Session things lapse. Mr. Speaker, if you go through the Hansard you will realize that we continue to say that when
we come to the next Session those things will come on. And we register and look for it and let us have it. And that is why we carry all Questions that were asked in a previous Session along and in the next Session we take them.
My hon. Colleague is aware that we have agreed that the life of Parliament would have it all, so please that is all. Mr. Speaker, it is unfortunate my hon. Colleague, the Ranking Member the Committee that is handling this particular subject did not read the entire Order 212 and I crave your indulgence that we read the whole so that students of the constitutional assembly will understand why your term is the best.

Mr. Speaker, Order 212 (2) says,
Mr. Speaker 11:30 a.m.
Order!
Mr. Owusu-Adjapong 11:30 a.m.
Mr. Speaker, hon. Kunbuor is not here and they probably need him to come and assist. Mr. Speaker, as you rightly said, there is no tension because the intention of this Order was to help increase productivity. It was not meant for stopping anybody from continuing and that is why I am surprised. [Interruptions] I think we would try to be decent in this House by not manipulating other mechanisms.
Mr. Speaker, the is that the practice, as I know it since I became the Majority Leader and which we have been following,
Mr. Speaker 11:30 a.m.
Hon. Minority Leader, may I hear from you? Very briefly.
Mr. Bagbin 11:30 a.m.
Yes, Mr. Speaker. Just to correct my hon. Colleague, the Majority Leader. We do not lay Questions; we are talking about Bills that are laid in the House; we do not. We are talking about the Standing Orders and we are saying that because of the intendment of Order 212 the documents that we laid - Bills - they are to be discussed within a Session. Questions are not laid. There are a lot of businesses we do here that are not laid and therefore they are not caught under the provisions of Order 212. We are talking about Bills and I insist that the practice is that they are usually re-laid in a new Session and that practice is what we have been following for sometime now. If he is saying that since he became Majority Leader, which is just a few years ago - [Uproar]
Mr. Speaker 11:30 a.m.
Hon. Members, as I heave clearly indicated to the House, this Report has been laid before this House, and I will therefore exercise my discretion to have this matter debated upon. [Hear! Hear!]
Mr. J. Ayikoi Otoo 11:30 a.m.
Mr. Speaker -
rose
Mr. Speaker 11:30 a.m.
Hon. Deputy Minister, go ahead.
Mr. Adjaho 11:30 a.m.
Mr. Speaker, with the greatest respect, I would like to refer you to Standing Order No. 93 - [Interruptions.]
Mr. Speaker 11:30 a.m.
Order!
Mr. Adjaho 11:30 a.m.
Mr. Speaker, with the greatest respect I would like to refer you to Standing order No. 93(1)
Mr. Speaker 11:30 a.m.
Hon. Member, this is another objection?
Mr. Adjaho 11:30 a.m.
Mr. Speaker, with your indulgence, I would - [Interruption]
Mr. Speaker 11:30 a.m.
I want to get it clear from you. This is another one?
Mr. Adjaho 11:30 a.m.
That is so, Mr. Speaker.
Mr. Speaker 11:30 a.m.
Go ahead.
Mr. Adjaho 11:30 a.m.
Mr. Speaker, Standing Order No. 93(1) - and with your permission, I beg to quote:
“Reference shall not be made to any matter on which judicial decision is pending in such a way as may, in the opinion of Mr. Speaker, prejudice the interest of parties to the action.”
Mr. Speaker 11:30 a.m.
Hon. Members, let us have some decorum.
Mr. Adjaho 11:30 a.m.
Mr. Speaker, I have caused a write to be issued against Mr. Speaker and the Attorney-General, Writ No. AP 13/2006 - [Interruption]
rose
Mr. Speaker 11:30 a.m.
Hon. Deputy Minister for Energy, I want to hear him.
Mr. Hammond 11:30 a.m.
Mr. Speaker - [Interruption.]
Mr. Speaker 11:30 a.m.
I want to hear him.
Mr. Adjaho 11:30 a.m.
Mr. Speaker, writ No. AP 13/2006 - In that write, if you will indulge me just to mention the writ, then I will relate it to the Standing Orders. I am claiming a declaration that upon the expiration of three months after the presentation of the People's (Amendment) Bill was introduced in Parliament by the Second Defendant, that is the Attorney- General, on behalf of the President, a report of the Committee can o longer be laid for further steps to be taken in respect of the said Bill.
(b) A declaration that any proceeding in respect of the Representation of the People's (Amendment) Bill conducted in the Constitutional, Legal and Parliamentary Affairs Committee or in Parliament, after the expiration of the three months provided for under article 106(14) of the Constitution, to the Committee is null and void.
(c) An injunction restraining the first defendant from allowing further proceedings in Parliament regarding the Representation of the People (Amendment) Bill laid before Parliament on 14th June, 2005, and referred to the Constitutional, Legal and Parliamentary Affairs Committee on that date and for further or other relief.

Some hon. Members - rose -
Mr. Speaker 11:30 a.m.
Please, resume your seats. I want to hear him first.
Mr. Adjaho 11:30 a.m.
Mr. Speaker, my information is that the parties have been served. Mr. Speaker, in view of Standing order 93(1), I am, in the interest of law and the due process, urging you strongly, that this matter be deferred or the process truncated and the proper thing be done. Mr. Speaker, otherwise the consequences of the law would follow.
Mr. Speaker 11:40 a.m.
Hon. Deputy Minority Leader, may I ask a few questions here? You talk of an action against the Speaker?
Mr. Adhajo 11:40 a.m.
And the Attorney- General.
Mr. Speaker 11:40 a.m.
I have not been served with anything. [Uproar.] But let me -- [Interruptions] Order! This Order 93 you have referred me to talks about judicial decision. In other words, there is a matter before a court about which the court is about to give a decision. Would you pleas enlighten me of the matter which is before
a court which the court must pronounce a decision thereon?
Mr. Adjaho 11:40 a.m.
Mr. Speaker, the subject of the writ is this Bill on which you just invited the hon. Attorney-General to do the Second Reading. Mr. Speaker, once the matter is before the court, definitely a judicial decision will have to be made as part of that process. It does not happen in one day; the real judgement itself cannot happen in a day. The process has started and that is why I am find it difficult I do not see how you can allow this debate to continue without predudicing my interest as a party to this suit; and that is why I am drawing your attention to this matter.
Mr. Speaker 11:40 a.m.
Deputy Minority Leader, you have not been able to answer this. There is no judicial decision pending. Is there any judicial decision pending?
Mr. Adjaho 11:40 a.m.
Mr. Speaker, yes, once you have initiated an action, the logical conclusion is that a judicial decision will come out.
Mr. Speaker 11:40 a.m.
All right, thank you. Then again, “………in the opinion of Mr. Speaker prejudice the interest of parties to the action.” What do you mean by that? Are you saying that if this matter goes on, and then it is passed - assuming it is passed, you are precluded from taking up this matter; that the matter which was decided upon, the enactment is unconstitutional? I want to be satisfied. [Interruption.] I want to be satisfied because you talk of “this will prejudice your interest” that is why I want to find out.
rose
Mr. Adhajo 11:40 a.m.
Mr. Speaker, I will yield to my Colleague. Mr. Speaker, I - [Interruptions]
Mr. Speaker 11:40 a.m.
Hon. Members, first of all, I want to understand the position before I can ask anybody to contribute. I want to understand it. Yes.
Mr. Ayariga 11:40 a.m.
Mr. Speaker, it is important to note that the gravament of the action before the court is the very legality of the process that we are about to engage in.
Secondly, Mr. Speaker, with specific reference to the question that you have asked, jus a while ago you ruled that because the Report has been laid, even though we argued that it is illegal, we should continue. Mr. Speaker, once the legality of the matter is being questioned in court, and the writ has been cited and that a decision is pending, because a decision has to be given - whether or not the writ will be thrown out it is going to be a decision - then Mr. Speaker, there is no doubt that if we go ahead and take the next step, it will prejudice his interest because his interest is to prevent us from proceeding on this Bill, because it is illegal.
Mr. Speaker 11:40 a.m.
Hon. Member for Bawku Central, may I ask a question. Has the court restrained this Parliament from going on with this matter? Has the court restrained us from going on with this matter? I just want to find out.
Mr. Ayariga 11:40 a.m.
Mr. Speaker, the language of - [Interruption!]
Mr. Speaker 11:40 a.m.
I want to find out, has the court restrained us? [Interruption] I just want to be has the court restrained us?
Mr. Ayariga 11:40 a.m.
Mr. Speaker, with all due respect to the question that has been asked whether or not the court has restrained us, the language of Order 93(1) says that, “if a decision is pending…” Mr. Speaker, with all due respect, I find it hard to read into
“if a decision is pending”, a requirement that there must be an order restraining this House from proceeding.
Mr. Speaker 11:40 a.m.
Hon. Members, there is no need to prolong this matter. At least as far as this is concerned I have a discretion. “….in the opinion of Mr. Speaker, prejudice the interest of parties to the action”. First of all, as I said, I am not aware of any action. Even if I am aware of any action; I cannot see how anybody's interest will be jeopardized by this. [Uproar.]-
As I clearly indicated - [Uproar!] -- Hon. Members, if I do not have any discretion, let me know; but as - [Interruption] -- Hon. Members, you say I have discretion and I must exercise my discretion in the way I think is proper.
rose
Mr. Speaker 11:40 a.m.
Minority Leader, do you have any further point to raise?
Mr. Bagbin 11:40 a.m.
Yes, please. Mr. Speaker, you have stated that you have not been served with a writ; but Mr. Speaker, your attention has been drawn to the writ. Mr. Speaker, definitely, the fact that your attention has been drawn to the writ should be taken into consideration.
Mr. Speaker 11:50 a.m.
Order! Yes, go ahead.
Mr. Bagbin 11:50 a.m.
Yes, Mr. Speaker. The
first relief he is seeking is talking about the legality or otherwise of the laying of the Report of the Committee, and according to the plaintiff, by his understanding of the law, in fact the constitutional provision, the Report of the Committee cannot be laid in the House. So if we proceeded to discuss the Report, they that relief has been rendered useless.
Now, the second relief also referred to the constitutional provision of the three-month period which is permitted by the Constitution for the Committee to deliberate a matter such as the Bill that was referred to the Committee. Now, Mr. Speaker, if we went ahead and deliberated on the Report that relief would be rendered nugatory. And the third one [An hon. Member: How?] Definitely, you have discussed the Report but it is asking for the Report not to be discussed and that is on relief ©, asking for the injunction. Mr. Speaker, being a party, it is important that he draws your attention to it.
Definitely, I would not want to refer to the issue of contempt of court but looking at our own Standing Orders, I think that it will not be proper if we proceeded with the debate on the motion which will definitely involve the Report of the Committee. Mr. Speaker, I believe that it is in that vein that being a party, he is drawing the attention of the House to the pendency of the matter
in court.
Mr. Speaker 11:50 a.m.
Hon. Minority Leader, I have asked several questions and the answers have not been satisfactory. The question I asked you is that has any court restrained Parliament from considering this matter?
Mr. Bagbin 11:50 a.m.
Mr. Speaker, actually you have not asked me but I will proceed to answer. If you look at relief ©, it says and I quote: “An injunction restraining first defendant, (and the first defendant is Mr. Speaker) from allowing further proceedings in Parliament regarding the Representation of the People (Amendment) Bill laid before Parliament on 14th June, 2005 and referred to the Constitutional, Legal and Parliamentary Affairs Committee on that date.” “From allowing” - you, Mr. Speaker allowing [Laughter.] -- further proceedings.
Mr. Speaker 11:50 a.m.
Hon. Minority Leader, let me ask you a few questions on this. Are you saying that once an action is taken against somebody in respect of land and that writ itself contains a perpetual injunction, ipso facto, the person, against whom an action is taken, cannot proceed on his building on the land? Can he not do that?
Mr. Speaker 11:50 a.m.
He can do that unless there is an application for injunction.
Mr. Bagbin 11:50 a.m.
Mr. Speaker, I thought I was to answer the question, not you to ask the question and answer the question yourself. Mr. Speaker, we are dealing - [Interruption]
Mr. Speaker 11:50 a.m.
I know you know the situation that is why I answered it.
Mr. Bagbin 11:50 a.m.
Mr. Speaker, well we are dealing with a constitutional matter. The issue of landlord is different, that is different. We are dealing with a constitutional matter. The mandate is compelling; you have no option, neither have I got any discretion in this matter.
Mr. Speaker 11:50 a.m.
My discretion is that we can go on with it. Let us go on with it.
Mr. Bagbin 11:50 a.m.
Your discretion is to rule whether it is out of order or not.
Mr. Speaker 11:50 a.m.
Let us go on with it.
Mr. Bagbin 11:50 a.m.
Mr. Speaker, you ruling is that we should go on?
Mr. Speaker 11:50 a.m.
Yes, let us go on.
Mr. Bagbin 11:50 a.m.
We will proceed to court for contempt of court.
Mr. Speaker 11:50 a.m.
Attorney-General and Minister for Justice, move the motion. [Hear! Hear!]
BILLS - SECOND READING 11:50 a.m.

rose
Mr. Speaker 12:10 p.m.
Minority Leader, do you want to say something? - [Interruption.] Order! Order!
Minority Leader (Mr. Bagbin) 12:20 p.m.
Mr. Speaker, I recognize the fact that my hon. Colleague, Mr. Haruna Iddrisu was on his feet for sometime, and Mr. Speaker - [Interruption.]
Mr. Bagbin 12:20 p.m.
Mr. Speaker, I did hear you say that you wanted to let them finish the presentation of the Re[port before you attend to him. That was what you said when the Report was being presented and that is why he continues standing. So Mr. Speaker, it is important that order be maintained [Interruptions.]
Mr. Speaker 12:20 p.m.
Order! Order!
Mr. Bagbin 12:20 p.m.
Mr. Speaker, a prelude to what will happen if the Bill is passed is what is being enacted here - [Interruptions.]
Mr. Speaker 12:20 p.m.
Order! Order! Hon. Members, let us have decorum.
Mr. Bagbin 12:20 p.m.
Mr. Speaker, may I go on or you want to listen to [Interruptions.] Mr. Speaker, may I now go on with my submission?
Mr. Speaker 12:20 p.m.
We are listening, please go ahead [Interruption.]
Mr. Bagbin 12:20 p.m.
Are you the Speaker? What kind of nonsense is that? [Uproar.]
Mr. Speaker 12:20 p.m.
Order! Order! Hon. Members, at this stage there is only one Speaker.
Mr. Bagbin 12:20 p.m.
Mr. Speaker, I rise to vehemently oppose the motion for the Second Reading of the Representation of the People (Amendment) Bill. Mr. Speaker, in doing so, I would put on record the views and reasons why the Minority group objects to the passage of this Bill - [Interruption.]
Mr. Speaker, let me prelude my submission by saying that I am so sad that the Committee, after using so much of our resources in going round the country and the world, is committing such a fraud on this House in its Report [Uproar.] Mr. Speaker, we on this side of the House [Interruptions.]
Mr. Speaker 12:20 p.m.
Order! Order!
rose
Mr. Speaker 12:20 p.m.
Hon. Member for Zebilla, do you have a point of order to raise? - [Interruptions.]
Mr. Ndebugre 12:20 p.m.
Yes, Mr. Speaker, I am raising a point of order. The hon. Minority Leader - I am a member of the Constitutional Legal and Parliamentary Affairs - [Interruptions.]
Some hon. Members: Judas! Judas! Betrayer!
Mr. Ndebugre 12:20 p.m.
Mr. Speaker, many of my hon. Colleagues who are shouting know my stand in this matter and they are wasting their time [Interruptions.] Mr. Speaker, the hon. Minority Leader
has sought to indict members of the Committee by saying that we are visiting fraud upon the people of Ghana. So it is very important for him to give proper and sufficient particulars on that fraud he is talking about, so that we can answer him, because it is a very serious allegation. We demand proper particulars of the fraud, otherwise he should withdraw and apologise to the members of the Committee.
Mr. Speaker 12:20 p.m.
Hon. Minority Leader, you take it over, they want further and better particulars.
Mr. Bagbin 12:20 p.m.
Mr. Speaker, in my submission I will produce better particulars to prove the misrepresentations in the Report that amount to fraud; I will do so [Hear! Hear!] Mr. Speaker, we on this side of the House are resolutely opposed to this Bill [Hear! Hear!] Our opposition to this Bill is motivated by several factors our love for our country's peace, security and political stability and, more importantly, our commitment to the sustenance of multi-party constitutional democracy in Ghana - [Hear! Hear!
Mr. Osei Kyei-Mensah-Bonsu 12:20 p.m.
Mr. Speaker, on a point of order. Mr. Speaker, our Standing Orders are very clear on this - [Interruptions.] I believe when the hon. Minority Leader was speaking we decided to listen to him in silence, and that should be the order of this House. Mr. Speaker, the Standing Orders are clear; the hon. Minority Leader is in breach of Order 93 (2). Mr. Speaker, he is in breach of Order 93 (2) which states, and with your indulgence I beg to quote:
“It shall be out of order to use offensive, abusive, insulting language…”
Mr. Speaker, what he has done to have described the conduct of the Members as fraudulent - [Interruptions.] Mr. Speaker, the whole construction states:
Mr. Speaker 12:30 p.m.
Hon. Members, the Minority Leader has declared that he will supply further and better particulars. We will wait until the end of his contribution before I rule on this matter - [Interruptions.] Hon. Minority Leader, continue - [Interruptions.] I reserve the right to rule on this after I have heard him.
Senior Minister (Mr. J. H. Mensah - rose -
Mr. Speaker 12:30 p.m.
Hon. Senior Minister, do you have any point to raise?
Mr. J. H. Mensah 12:30 p.m.
Mr. Speaker, I crave your indulgence to have a second look at this matter. This is because regardless of the evidence that the hon. Member may produce during his contribution, the use of the word is what is being objected to. Mr. Speaker, it is not open to the hon. Minority Leader or any other hon. Member to use such language - period - regardless of evidence. It is improper for him to use that
Mr. Speaker 12:30 p.m.
Order! Order! Hon. Members, as I said, I will give a ruling after I have heard him.
Mr. Bagbin 12:30 p.m.
Thank you very much, Mr. Speaker - [Interruptions.] The hon. J. H. Mensah - [interruptions.]
Mr. Speaker 12:30 p.m.
Orde r ! Orde r ! [Interruptions.] Hon. Minority Leader, proceed.
Prof. Mike Quaye 12:30 p.m.
None

Some hon. Members: Papa Ajasco, sit down!

Some o ther hon . Members : Tuobodom!
Mr. Speaker 12:30 p.m.
Hon. Minority Leader, proceed
Mr. Bagbin 12:30 p.m.
Mr. Speaker, my hon. Colleague, the hon. J. H. Mensah knew very well that he was out of order after you had given a ruling in the matter and that the proper thing is as stated in the Standing Orders. I am surprised because when he sat on this chair that I am sitting on, he used to even describe us as fools [Uproar.] They are on record there - [Interruptions.]
Mr. Speaker 12:30 p.m.
Hon. Minority Leader, please proceed.
Mr. Bagbin 12:30 p.m.
Our opposition to the Bill is motivated by several factors, our love for our country's peace, security and political stability - [Interruptions.]
An hon. Member: Do you have coup in mind?
rose
Mr. Speaker 12:30 p.m.
Hon. Minister for Energy, do you have any point of order to raise.
Prof. Oquaye 12:30 p.m.
Mr. Speaker, this is the second time in his short speech that the hon. Minority Leader has referred to the peace and security of our dear State. Mr. Speaker - [interruptions.]
Prof. Oquaye 12:30 p.m.
Mr. Speaker, something is very crucial here. The hon. Minority Leader must establish immediately that inherently the passage of this law would necessarily undermine the peace and security of the State - [Interruption.]
An hon. Member: Do you not know?
Another hon. Member: Anarchy!
Mr. Speaker 12:30 p.m.
Order! Order!
Prof. Ocquaye 12:30 p.m.
On the other hand, Mr. Speaker, if it is not manifest on the face of it that this law would necessarily lead to undermining the peace and security of the State then it is an implied statement that it would be a reaction of some people -- [Interruptions.] And Mr. Speaker, this veiled threat that if the Bill should go through the legal processes some people nevertheless would want to use this as a way or an opportunity to undermine the peace and security of our State, knowing very well - [Interruptions.] Then Mr. Speaker, knowing the background and history of this country and some of the tendencies which cannot be overlooked, I am saying this is a veiled threat and must be withdrawn.
Mr. Speaker 12:30 p.m.
Let him continue -
[Interruptions.] The hon. Minority Leader should continue.
Mr. Adjaho 12:30 p.m.
Mr. Speaker, with the greatest respect, we are not happy with the way proceedings are going. This is because we on this side, three of us got up on three different occasions - the hon. Deputy Minority Leader, myself; the hon. Minority Chief Whip and hon. Haruna Iddrisu - but we were never called. But the hon. Chief Whip on the opposite side was called, the hon. Senior Minister was called and then the hon. Minister for Energy was called. Mr. Speaker, I believe that Minority interest, even it is one person, ought to be protected in these proceedings. That is the practice of this House and I believe that on this particular occasion - [Interruption.]
Mr. Speaker 12:30 p.m.
Hon. Deputy Minority Leader, you are not entirely correct. If you had observed, there were very many people standing and I used my discretion in disallowing contributions [Interruptions.] So do not impute wrong motives. Le him continue.
Mr. Bagbin 12:30 p.m.
Mr. Speaker, as a Member of Parliament, I am very much used to what is happening and it is important that I share this with hon. Members. I as a Member of the Parliamentarians for Global Action was asked to present a paper at the Parliament of la Cote d'Ivoire before the conflict, drawing their attention to the issues that they were raising before the elections. Mr. Speaker, when I was presenting the paper on citizenship and registration and elections the objections that are being raised were raised there and they even thought that we were trying to teach them how to run their country. They ignored the caution that we raised and we saw what happened in la Cote d'Ivoire [Interruptions.]
Mr. Speaker 12:40 p.m.
Mr. Speaker, I am aware that we can have deaf and dumb, but one
scarcely comes across deaf and dumb and blind. It is important that at least one of the senses work. So Mr. Speaker, when I say that we are raising this opposition because of our love of our country's peace, security and political stability and more importantly our commitment to the sustenance of multi-party political democracy in Ghana, I mean what I say. The Bill has a potential for political friction and even possibly conflict.
It may provide the basis for questioning the legitimacy and credibility of our elections. The manner in which the NPP Government wants to run this Bill down the throats of Ghanaians carry seeds of chaos that could undermine the constitutional democracy that we have all so carefully built and natured over the last 13 years or so.

Mr. Speaker, it is instructive to note that

a Deputy Commissioner of the Electoral Commission has cautioned that if this Bill must be passed, it should be done by a consensus of the political stakeholders.

Mr. Speaker, only recently on the floor of this House the President declared the determination of his Government to push ahead with the passage of the Representation of the People (Amendment) Bill and questioned the motives of those opposed to the Bill and indeed expressed incomprehension of the nervousness of the people opposed to the Bill. Indeed, we wish to question the motive of the President in trying to pass this piece of legislation as if it were a matter of life and death - [Interruptions.] Why all the nervousness of the President and his cronies to see through this piece of legislation against all sensible advice and the expressed opposition to the Bill by all recognized minority parties is a question

that we must ask ourselves.
Mr. Speaker 12:40 p.m.
Hon. Minority Leader, are you reading from a script or you are refreshing your memory? - [Interrup- tions.]
An hon. Member: His founder wrote it for him.
Another hon. Member: The owner of NDC.
Another hon. Member: His master's voice.
Mr. Speaker 12:40 p.m.
Order! Continue, hon. Minority Leader
Mr. Bagbin 12:40 p.m.
Mr. Speaker, I premised my submission with the fact that I was going to present the position of the Minority group that is what I said.
Mr. Speaker 12:40 p.m.
Go on. Do not be distracted. Go on, that is what I said.
Mr. Bagbin 12:40 p.m.
Mr. Speaker, could it be that President Kufuor is nervous about -[Interruptions.] As President, that he is prepared to hazard the peace and stability of this country on a radical one-sided redrawing of the electoral landscape - [Interruptions.]
Mr. Kyei-Mensah-Bonsu 12:40 p.m.
On a point
of order. Mr. Speaker, I have two main objections.
First of all, the attention of the hon. Minority Leader has been drawn to the fact
Mr. Speaker 12:40 p.m.
Order!
Mr. Kyei-Mensah-Bonsu 12:40 p.m.
That if we should pass this Bill then we should do that by concensus. The operative word is ‘should'. Mr. Speaker, nobody can direct Parliament as to the conduct of business in this House and I suggest to him that what he is attributing to the man is incorrect. He should produce evidence to that effect. He could not have said so knowing the Constitution and the Standing Orders.
Mr. Speaker, the Chronicle published this and retracted it and I am surprised that he is attributing same to the member of the Electoral Commission. Let him produce a documentary evidence. Mr. Speaker, what he is doing is out-rightly incorrect, knowing that the man did not say so.
Mr. Speaker 12:40 p.m.
Hon. Minority Leader, please continue.
Mr. Bagbin 12:40 p.m.
Mr. Speaker, the young shall grow -- [Laughter.]
An hon. Member: The old shall die.
Mr. Speaker 12:40 p.m.
Continue.
Mr. Bagbin 12:40 p.m.
Mr. Speaker, what I was saying was that could it be that President Kufuor is nervous about the acid test of accountability that must surely follow the completion of his tenure as President such that he is preparing to hazard the peace and stability of this country on a radical one-
Mr. Bagbin 12:40 p.m.


Recently, on this very floor, President Kufuor said that in the State of the Nation Address of 1996 read by ex-President J. J. Rawlings, he called for consideration of ways to extend the ballot to our nationals abroad. If you take the State of the Nation Address of 1996 and if you look at page 1 paragraph 7 with your permission I quote:

“The year also saw the successful conduct of the Voters Registration exercise. We commend the Electoral Commission which despite the criticism performed in the constitutionally neutral and impartial manner expected of it. We expect the Commission to expedite action on the registration of qualified Ghanaians abroad as well as the limited opening of the Voter's Register that it had already hinted at”.

12. 50 p.m.

An. Hon. Member: Do you know the number of Ghanaians you have killed?
Mr. Speaker 12:40 p.m.
Do not be distracted. Hon. Minority Leader, do not be distracted. Go ahead.
Mr. Bagbin 12:40 p.m.
Mr. Speaker, I reacted because some people want to re-write history; that is why I react. Mr. Speaker, the difference between the two Presidents is that whilst the one was slapped by Effah- Dartey - [Interruption.]
An hon. Member: One is a coup maker who has been killing and is still killing.
Another hon. Member: The first one is a killer.
Mr. Bagbin 12:40 p.m.
Mr. Speaker, the difference between the two Presidents is that whilst the one of 1996, in the interest of peace and stability of the nation, was willing to leave all actions in respect of external votes to the Electoral Commission, unfortunately, the President of today is willing to use the partisan majority in Parliament to force the legislation down the throats of [Interruption.]
An hon. Member: That is democracy.
Mr. Bagbin 12:40 p.m.
Mr. Speaker, based on the statement by ex-President Rawlings in the 1996 State of the Nation Address, the Electoral Commission commissioned a study of other jurisdictions and the practice in respect of external votes. This report was included in the brief of the Electoral Commissioner to Parliament in a Committee of the Whole in the year 2002 where the Commissioner virtually showed that the Representation of the People's (Amendment) Bill was not a feasible option at the present time.
Mr. Speaker, the National Democratic
Congress's (NDC) position is that in its present form the Bill must not be passed as it would not achieve its purpose, especially as all its implications and ramifications have not been carefully thought through.
Mr. Speaker, the Committee quoted a portion of the report. What they left out was that - and that is one of the evidence - particulars of fraud. They failed to tell the House that the Commission stated in the report that even before we think about amending the law, there are some things we have to do and I am quoting it. The quotation:
Mr. Dan Botwe 12:40 p.m.
None

Some hon. Members: Sit down!
Mr. Speaker 12:40 p.m.
I shall recognize you later, let me hear him.
Mr. Bagbin 12:40 p.m.
Mr. Speaker, the Representation of the People's law has been in our statute books since 1992. Mr. Speaker, this law has been used in the conduct of four successful general elections and numerous by-elections. Two different political parties had been elected under the ambit of this law for two year- terms in each case - [Interruption.]
Majority Leader (Mr. F. K. Owusu- Adjapong) -- rose --
Mr. Speaker 12:40 p.m.
Hon. Majority Leader, please I just do not want any interruptions, what is the point of order you want to raise?
Mr. Owusu-Adjapong 12:40 p.m.
Mr. Speaker, I thought you drew attention to this reading of notes, possibly from the
Mr. Bagbin 12:40 p.m.
Mr. Speaker, it is said that it is only a stranger who greets a dumb person.
Mr. Speaker 12:40 p.m.
Hon. Minority Leader, please continue. I did not take notice of what he said.
Mr. Bagbin 1 p.m.
Mr. Speaker, but it is important for me to let him know that it is only a stranger who greets a dumb person. [Interruptions.] - Mr. Speaker, this law has been used in the conduct of four successful general elections and numerous by-elections. Two different political parties have been elected under the ambit of this law for two four-year terms in each case. As stated by the NDC Flagbearer in the 2004 elections, Mr. Speaker, with your permission, I beg to quote what he stated:
“What is so wrong with such a representation law as to warrant the infusion of a measure whose efficacy is uncertain, whose course is unknown and whose impact is unpredictable?”
Mr. Speaker, there is the vexed
question, “Who is a Ghanaian citizen?” for the purposes of the overseas Ghanaian voter registration exercise. That question is not so easily answered even though the flippant answer would be to refer to the Citizenship Act. The prospect of the citizenship of many who claim to be Ghanaians being contested abroad is very real. Where these issues arise outside the territories of Ghana, who would have jurisdiction?
Inside Ghana various measures are instituted to confirm the identity of persons claming to be Ghanaians. Agents of political parties resident in that political division are present during the registration exercise to challenge the citizenship of persons suspected not to be Ghanaians or resident at the polling division. A district committee exists to investigate the citizenship of persons whose citizenship is challenged and there is recourse to the High Court from the decision of the district committee. All these safeguards would be lost in the case of overseas Ghanaians registered abroad.
And it is important that analogous measures be instituted before any registration of overseas Ghanaians is considered. It could be argued that passports are a certain measure or means of identification of Ghanaians for purposes of such registration, but it is a notorious fact that Ghanaian passports have been and are counterfeited world wide and cannot be relied on for such an exercise. Besides if passports are to suffice for overseas Ghanaians, then they should suffice for resident Ghanaians as well, and not only passports but any other form of acceptable identification such as drivers' license, birth certificates and so on.

Mr. Speaker, an important matter worth

considering in all discussion about voting and voting patterns is the issue of statistics -- the issue of statistics -- tt is possible to know the total population of the country. In fact, it is know now. It is possible to determine the total number of registered voters, it is possible to determine the total turnout at the polls, the percentage voting for or against a particular political party or candidates and so on and therefore pronounce on the political legitimacy of parties and candidates.

Mr. Speaker, however, no such information is available about the total number of “Ghanaians resident outside the Republic either globally or on a country by country basis. This makes it very difficult to pronounce on the likely impact of the votes of non residents Ghanaians on Ghanaian elections. Mr. Speaker, I particularly put this question to the British High Commissioner as to how many Ghanaians are resident in Britain? Mr. Speaker, the answer was “I do not know.

Mr. Speaker, again, for purposes of planning for elections it is important to have an idea of the number of Ghanaians living outside Ghana so that we can take it in calculating the cost implications and other logistics that are needed.

Mr. Speaker, let me now move on to the Bill itself. The Representation of the People (Amendment) Bill is fraught with serious difficulties. To begin with it is the nature of the amendment that is sought to be effected in this House and in fact that has given out the motive of the proponents of the Bill. Mr. Speaker, the section of the Representation of the People Law, 1992, (PNDC Law 284) that prevents Ghanaian citizens resident outside Ghana from registering and voting at elections and referenda is section 7 (1) (c) which requires that a citizen must be resident in a polling division where he intends to register and vote. And Mr. Speaker, as I

stated earlier on, it is for the purpose of identification to make sure that the person is a Ghanaian before he is allowed to vote.

However, the Representation of the People (Amendment) Bill does not seek to amend section 7 (1) (c) of the PNDC Law 284 but rather section 8 which exempts Ghanaian citizens abroad, “outside Ghana in the service of the Republic” or in the service of the United Nations or other international organizations from the resident requirements of the PNDC Law

284.

Mr. Speaker, thus if the Representation of the People (Amendment) Bill passes, every Ghanaian citizen living everywhere in the world except Ghana would be exempted from the resident requirement of section 7 (1) (c ) and would be able to register and vote everywhere in the world in all elections and referenda in Ghana. By amending section 8 instead of section 7 of PNDC Law 284, it becomes clear that the actual motive of the NPP Government is something other than the removal of what they themselves say is the cause of the denial of article 42 Rights to citizens abroad. After all if section 7 (1) (c) is the impediment, why not amend section 7 (1) (c)? Why amend section 8 and allow section 7 (1) (c) to stand? Mr. Speaker, we are being told that, that could be done on the floor of the House.

Mr. Speaker, what I said is if you look at article 106, the proponents of every Bill would seek to tell you the defects they want to cure. Therefore, if the defects is a different thing and they are saying another thing what they are trying to do is to hide under the cover of legalities to commit a fraud on the people of Ghana.

Mr. Speaker, what is known is that several thousands of Ghanaian citizens abroad do come to Ghana to register and vote in all elections, section 1 (c

) notwithstanding. There are a lot of my colleagues in this House who came straight from outside, registered, contested elections, were elected and they are here. [Uproar] -- I am told that hon. Dr. Akoto Osei - [Laughter.]
Mr. Speaker 1 p.m.
I advise you not to mention names, it would prolong it.
Mr. Bagbin 1 p.m.
Mr. Speaker, it is rather hon. Asamoah Boateng.
Some hon. Members - rose -
Mr. Speaker 1 p.m.
Minority Leader, I was advising you not to mention names. [Laughter.]
Mr. Bagbin 1 p.m.
Mr. Speaker, I withdraw the mention of names - [Laughter.]
rose
Mr. Speaker 1 p.m.
He has withdrawn.
Mr. Bagbin 1 p.m.
Mr. Speaker, when he was a few years behind me at Legon, he was like what he is today -- [Laughter.] So I know him very well.
Mr. Speaker 1 p.m.
On this note I would give opportunity to Deputy Minister of Tourism and Modernisation of the Capital City.
Mr. Asamoah-Boateng 1 p.m.
Mr. Speaker, he has withdrawn but he needs to apologise because his facts are wrong. He came from Libya here; my information is that he came from Libya. Why is he naming me? [Some hon. Members: Hon. Bagbin you came from Libya with only one jeans.
Mr. Dan Botwe 1 p.m.
Mr. Speaker, on a point of order. Mr. Speaker, I have been standing up for a long time because I felt it is very important that since the proceedings of this House captured in the Hansard are read by many people round the world, statements that are made here should be seen to be very correct to promote democratic practice in this country. The hon. Minority Leader said that the NPP Government has decided to run this Bill down the throat of Ghanaians. [Interruptions.]
Mr. Speaker, the elementary under-
standing of democracy and the arms of government and as reiterated by His Excellency the President in this very House only two days ago, and I quote the statement of Mr. President:
Mr. Bagbin 1 p.m.
Mr. Speaker, it is important that my Colleague who is trying to practise in this House recollects that he said that “this Government is determined to see through the Bill this time.” Does he hear me? [Interruptions.]
Mr. Speaker, the reason the New Patriotic Party Government is seeking to amend section 8 and not section 7 of PNDC Law 284 is that amending section 7 will not achieve the purpose of the party. What the amendment of section 8 of the
Representation of the People (Amend- ment) Bill seeks to do actually is to create a special dispensation and modality for citizens abroad -- [ Some hon. Member: Are you reading? ] - [Interruptions.] Mr. Speaker, who chose not to travel to Ghana to register and vote like what some of my hon. Colleagues chose to do in the countries of their residence. This of course would be funded. As we talk, nobody has taken the time to try to calculate how much it will cost the nation.
Mr. Speaker, in effect, by seeking to amend section 8 instead of section 7 of PNDC Law 284, it means that if the Representation of the People (Amendment) Bill is passed, the residence requirement of section 7 of PNDC Law 284 will still stand. Since citizens abroad will be exempted from this requirement by the amendment of section 8, the residence requirement will apply to citizens of Ghana only. The question is, can or should the law be amended to achieve such a discriminatory result? I believe definitely, no.
Mr. Speaker, you take a person residing in Accra but during registration period finds himself in Tamale. The polling division residents' requirement will compel him to travel to Accra to register. The only difference between him and the Ghanaian resident outside Ghana for example, travelling from, say London or Kano to register in Ghana is the cost and inconvenience our friends who are outside will suffer than those who will have to travel from Tamale to Accra to register and vote. To that extent, the waiver of the residential requirement for non-resident Ghanaians alone is discriminatory. If that requirement is to be waived, then it must be waived for all Ghanaian citizens and not for overseas Ghanaians alone.
Mr. Speaker, these legal difficulties
must be waighed against the very practical problems that arise with any attempt to remove “residence qualification.” The conduct of elections is an important part of democratic practice and the credibility of election processes is valid to the sustenance of democracy. Indeed, the very stability of the nation is strengthened when the electoral machinery becomes a tool for a government bent on perpetrating itself in power. Mr. Speaker, the brazen way in which it is being sought to undermine the democratic process in Ghana by forcing through the Bill must be a source of concern even to those Ghanaians who are living outside Ghana.
Mr. Speaker, for Ghanaians at home, the Bill and the potential it creates for anarchy must be of a particular concern since we Ghanaians living in Ghana unlike those living outside Ghana, will be at the receiving end of any anarchic situation that erupts. Anyone interested in good governance in Ghana ought to pay attention to the dangerous situation that is being created for the country should the Bill become law.
Mr. Osei Kyei-Mensah-Bonsu 1 p.m.
Mr. Speaker, on a point of order. Mr. Speaker, I drew your attention to the fact that the hon. Minority Leader had been reading a prepared text. Mr. Speaker, that is
Mr. Speaker 1 p.m.
Order! Order! Majority Chief Whip, do I have discretion in this matter?
Mr. Kyei-Mensah-Bonsu 1 p.m.
Yes, Mr. Speaker. Mr. Speaker, you have a discretion but he must acknowledge the contribution of Mr. Kwamena Ahwoi. [Laughter.]
Mr. Speaker 1 p.m.
Minority Leader, please continue.
Mr. Bagbin 1:20 p.m.
Mr. Speaker, the document that is being referred to by the hon. Majority Chief Whip is not the document that I am reading. Again, the hon. Majority Chief Which is aware that, that was the presentation for and of behalf of the Minority Group at the Institute of - [Power outage]
Mr. Speaker 1:20 p.m.
Minority Leader, I am sure you are about to wind up.
Mr. Bagbin 1:20 p.m.
Mr. Speaker, with less interruptions, I will finish in a few minutes time. [Pause]
Mr. J. K. Adda 1:20 p.m.
On a point of order. Mr. Speaker, the hon. Minority Leader made a statement earlier on to the effect that it is only a stranger who greets a dumb person. If that is indeed what he
Mr. Speaker 1:20 p.m.
Order.
Mr. Adda 1:20 p.m.
Mr. Speaker, I think the hon. Minority Leader knows the Constitution well enough to understand that the Constitution makes a special provision for us to promote the rights of the disabled. [Hear! Hear!] As a lawyer, I think he should know this very well and I think he ought not have made that statement. I therefore wish you to tell him to try and withdraw the statement.
Mr. Speaker 1:20 p.m.
Minority Leader.
Mr. Bagbin 1:20 p.m.
Mr. Speaker, I will recommend to the hon. Minister to try to learn the proverbs and then try to champion the cause that he has been appointed to do> I agree with him that, yes we have to protect the right of the disabled and we would always do that.
Mr. Speaker, the crucial question is, does the provision governing the conduct of elections in Ghana take away the rights of citizenship of a Ghanaian who by virtue of residence outside Ghana is unable to meet the requirements of being resident in a polling division? The obvious answer is of course, no. If that had been the situation, then a lot of my hon. Colleagues inside here would not be here. [Interruption.] Mr. Speaker, you were in Australia -, It is this argument about the so-called rights of overseas Ghanaians which is being used in order to justify a possible manipulated of the electoral process and an undermining of the credibility of the election results.
In the Memorandum to the Bill the hon. Attorney-General States and, Mr. Speaker, with you permission, I beg to quote:
“Article 42 of the Constitution
empowers every citizen . . . of sound mind to register as a voted . . .”
He then he goes on to refer to the mandate of the National Electoral Commission. Under article 45 (a) of the Constitution, and Mr. Speaker, with your permission I quote:
“. . . compile the register of voters
. . .”
Mr. Speaker 1:20 p.m.
Order! [pause] Minority Leader, please go ahead.
Mr. Bagbin 1:20 p.m.
Mr. Speaker, it is important to stress that there is no legal bar to non-resident Ghanaians fulfilling the legal requirement for registering as voters in Ghana except where by virtue of residence outside that Ghanaian is simply incapable of meeting the requirements of residence in a polling division. Yet, this requirement is crucial to the administration of elections in Ghana and has been the basis of all elections in Ghana, conducted under the 1992 Constitution. Can non- resident Ghanaians question the validity of all the elections held under the 1992 Constitition on the grounds that they are disenfranchised? Can they question the validity of our elections in 1992? Can they question the validity of our elections in1996? Can they question the validity of our elections in 2004.
Mr. Speaker, your Committee has submitted its Report and the Report
Mr. Bagbin 1:30 p.m.


“Every citizen of Ghana of eighteen years or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda.”
Mr. Speaker 1:30 p.m.
Minority Leader, please do not be distracted.
Mr. Bagbin 1:30 p.m.
This defeats the
Mr. Speaker 1:30 p.m.
Minority Leader, please
wind up.
Mr. Bagbin 1:30 p.m.
Mr. Speaker, I am
proceeding. The Committee recommends that until otherwise determined by law, registration and voting by Ghanaians abroad shall relate to only Presidential Elections. I think that this is still discriminatory.
Mr. Speaker, apart from these difficulties, there is also the question of what is meant by “resident” in this context. How long must such a person have been resident outside Ghana? Is the person who finds himself outside Ghana during a period of registration, resident outside the Republic? Mr. Speaker, the point about “resident outside the Republic” is that it may require having recourse not only to legal difficulties of residence, but also definitions of the laws of the country; and the courts of other countries do not have jurisdiction over our law.
Mr. Speaker, there will be questions about, for example, whether a person is resident in the United Kingdom, if according to United Kingdom laws he is not resident there. There will be issues about illegal residents abroad which will give the Electoral Commission the additional burden of liaising with foreign immigration authorities; and the difficulties are numerous.
Mr. Speaker 1:30 p.m.
Hon. Minority Leader,
Mr. Bagbin 1:30 p.m.
Mr. Speaker, I am
Mr. Speaker 1:30 p.m.
Order! Order!
Mr. Bagbin 1:30 p.m.
Mr. Speaker, there are
many other issues that I could raise such as the cost of the exercise, the proposal to use heads of Missions abroad as registration officers, jurisdictional issues and the question about which countries will be covered by the external voting.
Mr. Speaker, I believe strongly that these are issues which as a country we must get consensus on before we can proceed to think about passing such a Bill. We are saying that because of these financial constraints, because of the administrative difficulties, because of the legal problems with implementing the law, we believe strongly that the time is not ripe for the passage of such a Bill.
Mr. Speaker, let me end by adding more particulars about the fraud I referred to.
In the Report of the Committee, we
are told that they contacted a number of institutions; they contacted parties and the rest. Mr. Speaker, we are not told which parties, but I am sure that a number of parties in the Minority, including my party were not consulted. Therefore, when they state in the Report that they consulted political parties but they did not consult the political parties, then Mr. Speaker, this is misrepresentation meant to mislead the people, especially hon. Members, on the floor of the House. I have taken my time to consult the political parties and the political parties, including my party, have stated that they have not been consulted.
Mr. Osei-Prempeh 1:30 p.m.
Mr. Speaker, he cannot allege fraud and go away. [Interruption.]
Mr. Speaker 1:30 p.m.
Order! Order! Hon. Member for Nsuta-Kwamang-Beposo, do you have a point of order?
Mr. Osei-Prempeh 1:30 p.m.
Mr. Speaker, he said that we said we consulted a number of political parties. Mr. Speaker, I must say with all the emphasis at my disposal that we consulted all the political parties; we invited them to the stakeholders' meetings at the Speaker's Conference - [Interruption] - Mr. Speaker, at the Speaker's Conference Room, and I must say that on that day, the NPP was present; we have the PNC position here Mr. Speaker, in a letter dated 5th October, and they sent to us what they said was their view on it. The NDC wrote to us, and Mr. Speaker, with your kind permission, I will read it.
“NATIONAL DEMOCRATIC
C O N G R E S S N A T I O N A L 1:30 p.m.

SECRETARIAT 1:30 p.m.

EBENEZER AHUMAH DJIETROR 1:30 p.m.

SENIOR ASSISTANT CLERK 1:30 p.m.

COMMITTEE ON CONSTITIONAL, LEGAL AND 1:30 p.m.

PARLIAMENT AFFAIRS 1:30 p.m.

Mr. Speaker 1:30 p.m.
Minority Leader, you
may take this on board.
Mr. Bagbin 1:40 p.m.
Mr. Speaker, the hon. Chairman of the Committee when he read his Report and I even knew that he was misrepresenting, I did not raise a point of order. I waited until it was my turn; and I am replying. [Uproar.] Mr. Speaker, I am stating - [Interruption.]
Mr. Speaker 1:40 p.m.
Order!
Mr. Bagbin 1:40 p.m.
They must have political
Mr. Speaker 1:40 p.m.
Order! Order!
Mr. Bagbin 1:40 p.m.
Mr. Speaker, his
Mr. Speaker 1:40 p.m.
Hon. Minority Leader,
are you about to wind up?
Mr. Bagbin 1:40 p.m.
Mr. Speaker, the
Mr. Speaker 1:40 p.m.
Hon. Minority Leader, I am sure you are about to wind up.
Mr. Bagbin 1:40 p.m.
Mr. Speaker, -- [Interruptions.] - I have in my hand here, the letter from the Peoples' National Convention (PNC) and with your permission I am going to quote it. [Interruptions.] The conclusion of the PNC letter says, and I quote:
“The PNC has examined and considered the Bill exhaustively and has come to the conclusion that the old order should continue since to register all Ghanaians abroad will be highly impracticable. PNC
Mr. Speaker 1:40 p.m.
Hon. Minority Leader, what is the date of the letter?
Mr. Bagbin 1:40 p.m.
The letter is dated 5th October, 2005. [Hear! Hear!] The letter is signed here by Gabriel Pwamang, General-Secretary and copied to hon. David Apasera, PNC Parliamentary Leader - [Uproar.]
rose
Mr. Speaker 1:40 p.m.
Hon. Member for
Mr. Ndebugre 1:40 p.m.
Thank you, very
much, Mr. Speaker. Every political party in this country is enjoined to operate democratically; it is a constitutional provision. [Interruptions.] And for a political party to operate constitutionally, it must have structures and the decisions must be based on the structures. [Uproar.]
Mr. Speaker 1:40 p.m.
Order!
Mr. Ndebugre 1:40 p.m.
For the benefit of those who are not aware, the PNC's organized structures are -- the National Delegates, Congress - the highest decision making body, followed by the National Executive Committee, followed by the National Standing Committee, and followed by the Leadership. The leadership is made up of the Leader, [Uproar.]
Mr. Speaker 1:40 p.m.
Order! Order!
Mr. Ndebugre 1:40 p.m.
The Second National Vice Chairman is Alhaji Ahmed Ramadan; the Third National Vice Chairman is Mr. Akai Nettey. We constitute the leadership. But the National Chairman is away in Canada, so the Acting National Chairman is hon. John Ndebugre - [Uproar.] The last National Delegates, Congress did not discuss and take a decision on this Bill. The National Executive Committee has not met to discuss and take a decision on this Bill. The National Standing Committee has not met to take a decision on this Bill and the National Leadership is not capable of discussing and taking a profound decision alone. So any group of people who signed some letter and sent it to the Committee on Constitutional, Legal and Parliamentary Affairs, did that on their own behalf; and I am saying it on authority - [Uproar.]
Mr. Speaker 1:40 p.m.
Hon. Minority Leader, please continue.
Mr. Speaker 1:40 p.m.
Please, continue.
Mr. Apasera 1:40 p.m.
Thank you, Mr. Speaker - [Interruption.]
Mr. Speaker 1:40 p.m.
I have not called you.
Mr. Bagbin 1:50 p.m.
Mr. Speaker, hon. Ndebugre mentioned the name of hon. David Apasera and that is why he is standing up; and I also mentioned his name. So Mr. Speaker - [Interruption.]
Mr. Speaker 1:50 p.m.
Hon. Minority Leader, he will have the opportunity to contribute later. He will have the opportunity to contribute, so go on.
Mr. Bagbin 1:50 p.m.
Mr. Speaker, I take your [Interruption.]
Mr. Speaker 1:50 p.m.
Go ahead.
Mr. Bagbin 1:50 p.m.
Mr. Speaker, I take your advice. Mr. Speaker, it is important that hon. Ndebugre convinces this House that when a National Chairman is at Tamale, the National Vice Chairman takes over - [Laughter.]
Mr. Speaker 1:50 p.m.
Hon. Minority Leader, just a minute. Hon. Members, let us have decorum.
Mr. Bagbin 1:50 p.m.
Mr. Speaker, I am dealing with an official - [Interruption] [Uproar.]
Mr. Speaker 1:50 p.m.
Hon. Minority Leader, please hang up a minute. Hon. Members, Order! Hon. Members let us have a decorum. Hon. Member, please resume your seat - [Interruptions.] Order! Order! [Uproar.] Leadership, let us have order. - [Uproar.] Order! Order! Order! Order!
Mr. Speaker 1:50 p.m.
Hon. Members, let us have decorum. Order! Order! Hon. Members, resume your seats, please.
Leadership of the House, we shall have an extended Sitting to complete these matters. You may go on. Hon. Minority Leader, please you may go on and wind up.
Mr. Bagbin 1:50 p.m.
Mr. Speaker - [Inter- ruption]
Mr. Speaker 1:50 p.m.
Hon. Minority Leader, I hope you are winding up now.
Mr. Bagbin 2 p.m.
Mr. Speaker, I was referring to an official communication from the People's National Convention party (PNC).
Mr. Speaker, the communication was signed by the Chief Executive of the Party, that is the General-Secretary of the Party. That is an official communication to the Committee, through the Senior Assistant Clerk of the Parliamentary Committee.

Mr. Speaker, it is with this evidence - [Uproar] It is with this that I said the Report of the Committee misrepresented a lot of things and therefore committed fraud by misleading this House and Ghanaians to believe that what they reported was the genuine findings of the Committee. But I have drawn your attention to the fact that, even though they stated that they

Mr. Speaker, again, they were only quoting the areas that the institutions, the Commission - [Interruption] - They did not draw the attention of the House to all the concerns that have been raised by political parties, civil society and the rest and that is why I mentioned that the Committee was misrepresenting and thereby committing fraud on the good people of this country.

Mr. Speaker, I conclude - [Inter- ruption.] -- I am going to conclude - [Interruption] - And my conclusion is this, Mr. Speaker, that no political is against party the principle of extending the franchise to our brothers and sisters living outside Ghana. Mr. Speaker, what the political parties are saying is that there are a number of things that we have to do before we get there. If we do not do those things we are going to leave the exercise in doubt and that is going to erode the whole credibility, the trust of the electoral process and the elections and that would lead to chaotic situations in the country - [Uproar] - Mr. Speaker, that is the only reason why - [Interruption]
Mr. Speaker 2 p.m.
Order! Order! Hon.
Minority Leader, do not be distracted.
Mr. Bagbin 2 p.m.
Mr. Speaker, it is with this that we vehemently oppose the Second Reading of the Bill. [Hear! Hear!]
Mr. Osei-Prempeh 2 p.m.
Mr. Speaker, I
would crave your indulgence to make some clarifications on some unfortunate statements made by the hon. Minority Leader.
Mr. Speaker, his saying that the
Mr. Osei-Prempeh 2 p.m.
Mr. Speaker,
I raised a point of order, you did not allow me. I am not raising a point of order after he has spoken; I am responding to the allegations that he made, the misrepresentations that he made. Mr. Speaker, it is true that he has made suggestions as to the amendments. Every parliamentarian who has been in Parliament for even one day knows that every parliamentarian worth his salt sort knows that a Bill, when it comes to Parliament, is not the law. It is Parliament which makes the law, which shall literally rewrite the law by our amendments and everything.
Mr. Speaker 2:10 a.m.
Order! Order!
Mr. Osei-Prempeh 2:10 a.m.
So Mr. Speaker, I rest my case here.
Mr. Speaker 2:10 a.m.
Hon. Attorney-General
and Minister for Justice, at this stage, do you want to wind up?
Mr. Ayikoi Otoo 2:10 a.m.
That is so Mr.
Speaker. Mr. Speaker, I would like to
thank hon. Members for their expressed views and to assure them that we have taken note, however, we want to urge all present to support the Bill.
Question put and motion agreed to.
The Representation of the People (Amendment) Bill was accordingly read a Second time.
Mr. Speaker 2:10 a.m.
Item 6 -- Motion. Hon. Minority Leader, where is the Chairman of the Public Accounts Committee?
rose
Mr. Speaker 2:10 a.m.
Hon. Minority Leader?
Mr. Bagbin 2:10 a.m.
Mr. Speaker, for the very
reason why we could not take the Report yesterday, I urge Mr. Speaker to exercise his discretion in adjourning the House so that we could continue with business tomorrow.
ADJOURNMENT 2:10 a.m.

  • The House was adjourned at 2.15 p.m. till 3rd February, 2006 at 10.00 a.m.