Debates of 21 Feb 2006

MR. SPEAKER
CORRECTION OF VOTES 10:20 a.m.
AND PROCEEDINGS AND 10:20 a.m.
THE OFFICIAL REPORT 10:20 a.m.
Mr. Speaker 10:20 a.m.
Order! Order!
Correction of Votes and Proceedings, Friday, 17th February 2006. Page 1…. 5. -
Ms. Cecilia Abena Dapaah 10:20 a.m.
Mr. Speaker, I was absent with permission but my name is not listed as such.
Mr. Speaker 10:20 a.m.
What page are you referring to? Page 6 -- All right.,
Mr. Kofi Krah Mensah 10:20 a.m.
Mr. Speaker, page 6, number 80. I was also absent with permission but I had been recorded as absent without permission.
Mr. Speaker 10:20 a.m.
Corrections would be done. Page 7 -
Mr. Osei Kyei-Mensah-Bonsu 10:20 a.m.
Mr. Speaker, I have been up for quite a while but unfortunately I have not caught your eye. When we got to page 5, I got up because I knew quite a number of hon. Members had sought permission but unfortunately they have been listed as having been absent without permission.
Mr. Speaker, that group includes the hon. Minister for the Western Region, and Member of Parliament for Amenfi East (Mr. J. B. Aidoo), the Member of Parliament for Akim Abuakwa South,
that is the Minister for Foreign Affairs, hon. Abu-Bakar Saddique Boniface, Member of Parliament for Salaga and the Northern Regional Minister, hon. Sampson Kwaku Boafo, Member of Parliament for Subin and the Regional Minister for the Ashanti Region, hon. Charles Bintin, Member of Parliament for Saboba and the Minister for Local Government and Rural Development, hon. Kwamena Bartels, Member of Parliament for Ablekuma North, hon. Yaw Barimah, Member of Parliament for New Juaben South, hon. Shirley Ayorkor Botchwey, Member of Parliament for Weija and Deputy Minister for Information.
Mr. Speaker, these Members of Parliament have sought permission and have sent same to your Office. I believe that they had been granted permission and so they must have been absent with permission. That is on page 5.
Mr. Speaker 10:20 a.m.
Thank you very much. Page 7…. 9
Mr. Kyei-Mensah-Bonsu 10:20 a.m.
Mr. Speaker, with your permission once again, hon. Joseph Henry Mensah the hon. Member of Parliament for Sunyani East, and Senior Minister; hon. Nayan, Joseph Kwaku, Nkwanta North and Deputy Volta Regional Minister, the hon. Kofi Osei- Ameyaw, the hon. Member for Asuogyaman and Deputy Minister for Trade and Industry, all sought permission as well. Equally so for page 6, item 55 the Member who was just indicating that she could not find her name as being absent with permission, Ms. Cecilia Abena Dapaah, the Member of Parliament for Bantama and Deputy Minister for Water Resources, Works and Housing.
Mr. Speaker 10:20 a.m.
The necessa ry corrections will be made. Page 9….12. We have the Official Report for Friday, 10th February 2006.
If there are any errors or omissions you may bring them to the attention of the Clerks at Table.
rose
Mr. Speaker 10:20 a.m.
Deputy Minister for Foreign Affairs, if you have any omissions kindly bring them to the attention of the Table.
ORAL ANSWERS TO QUESTIONS 10:20 a.m.
MINISTRY OF EDUCATION AND 10:20 a.m.
SPORTS 10:20 a.m.
Minister for Education and Sports (Mr. Yaw Osafo-Maafo) 10:20 a.m.
Mr. Speaker, a sum of ¢255,000,000 million was approved in 2005 budget to start constructional works on the girls dormitory block at Simms Secondary/Commercial College at Fawade.
Mr. Speaker, after going through the normal procurement process, the contract has recently been awarded and work has started on the digging of various foundation trenches
Mr. Kofi Frimpong 10:20 a.m.
Mr. Speaker, may
I know from the hon. Minister when the project will be completed.
Mr. Osafo-Maafo 10:20 a.m.
Mr. Speaker, the contract had in it a completion period of 18 months from the day of the award and therefore we expect that the project would be completed within the next 15 months since it was awarded about three months ago.
Mr. Kofi Frimpong 10:20 a.m.
Mr. Speaker, may I know from the hon. Minister again, whether the project when it is completed whether it would be enable to accommodate all the girl students in the school.
Mr. Osafo-Maafo 10:20 a.m.
Mr. Speaker, the numerical strength of girls in the school as at the year 2004/5 was used as a basis for the design and construction. It was projected for a total of 310 students up to the year 2010. Therefore, yes, for the current population, it can accommodate them. But depending on how fast the school expands, there may be a need for addition in the future.
Mr. Kofi Frimpong 10:30 a.m.
Mr. Speaker, I am alright, Thank you.
Mr. Kyei-Mensah-Bonsu 10:30 a.m.
Mr.
Speaker, my worry is that the hon. Minister has indicated that in eighteen months the project will be completed. But already they have spent three months, so within the next fifteen months the project will be completed. The amount allocated is ¢255 million. Mr. Speaker, may I know from the hon. Minister if he considers that the amount that has been programmed will suffice for the completion of the project.
Mr. Osafo-Maafo 10:30 a.m.
Mr. Speaker, my hon. Colleague would have noted that I did say specifically that this was the allocation for the 2005 budget. We have now substantial vote in this year's budget and it is also part of the Ghana Education Trust Fund (GETFund) project and therefore, certainly funds are available for completion.
Mr. Speaker 10:30 a.m.
Question number 293. Hon. Yaw Effah Baafi, Member of Parliament for Kintampo South. [Pause] Hon. Minister for Education and Sports,
Mr. Speaker 10:30 a.m.


Item 4, Statements. Hon. Member for Parliament for Asunafo North.
Mr. Kyei-Mensah-Bonsu 10:30 a.m.
Mr. Speaker, I am sorry, the hon. Member sought permission to attend a District Assembly meeting. Mr. Speaker, I forgot to notify you, he will be here today, so he can take the Statement tomorrow with your indulgence.
Mr. Speaker 10:30 a.m.
At the commencement of Public Business, item 5, Laying of Papers. Chairman of the Committee of the Whole?
PAPERS 10:30 a.m.
Mr. Speaker 10:30 a.m.
Hon. Members, we now move on to item 6 on the Order Paper -- Subvented Agencies Bill at the Consideration Stage.
BILLS - CONSIDERATION STAGE 10:30 a.m.
Mr. Kyei-Mensah-Bonsu 10:30 a.m.
Mr. Speaker, I am sorry, but the Clause 2 that you have just mentioned, we are defining what a Subvented Agency is. I thought that that particular clause appropriately

belongs to the interpretation and not to clause 2. Clearly, we are defining what is meant by a subvented agency and I thought that it should rather relocate to interpretation and not to clause 2.
Mr. Speaker 10:30 a.m.
Should we leave it to the draftsmen?
Mr. Kyei-Mensah-Bonsu 10:30 a.m.
Very well, Mr. Speaker.
Clauses 2, 3 and 4 ordered to stand part of the Bill.
Clause 5 - Category I subvented agency
Mr. Speaker 10:30 a.m.
There is an amendment. Hon. Chairman of the Committee, move your amendment.
Chairman of Committee (Mr. Paul Okor) 10:30 a.m.
Mr. Speaker, I beg to move, that clause 5, subclause (1), insert “and may be closed down” after “subvention”
The clause will read as follows:
“And Category I subvented agency is an agency which ceases to receive subvention and may be closed down.”
The Committee decided to propose this amendment because from the effect of subclause (1), whenever subvention ceases, whether the organization is closed down or not, the only implication is that subvention has been withdrawn. So subclause (2) (b) becomes superfluous.
Mr. A. O. Aidooh 10:40 a.m.
Mr. Speaker, if you
look at 5(2) (a), if the Committee wants to withdraw then delete (b) otherwise there will be a difference. They are only adding
subclause (2) (a) to clause 5 (1). So I do not see the difference. If they want to have 2 (b) deleted, that is understandable.
Mr. Okoh 10:40 a.m.
Mr. Speaker, subclause
(2) (a) and (b) will all be deleted so that the clause will now be a new clause that a category (1) subvented agency is an agency which ceases to receive subvention and may be closed down.
Mr. A. O. Aidooh 10:40 a.m.
Mr. Speaker, so
are we saying that that agency can be denied subvention and yet it will not be closed down? Is that so? Subvention is withdrawn from the Agency but it will not be functional without the subvention?
Mr. Okoh 10:40 a.m.
Yes, that is the submission.
Because when a subvention is withdrawn from an agency, it does not necessarily mean that that agency is to be closed down. It may be viable to be on its own. When we go on we shall see what we are talking about.
Mr. Kyei-Mensah-Bonsu 10:40 a.m.
Mr.
Speaker, the operative word the Chairman has used is “may”. He says that a category (1) agency is an agency which ceases to receive subvention and may be closed down.
Mr. Speaker, given the explanation that he has offered, that it may or may not be closed down, I do not see the relevance of that phrase, “or may be closed down.” Because it may or may not be closed down. That is the import of the argument and that being the case, why bother ourselves with that phrase in the first place. So “a category 1 subvented agency is an agency which ceases to receive subvention.” If you said that it may or may not be closed down, then I do not see the relevance.
Mr. A. O. Aidooh 10:40 a.m.
Mr. Speaker, I think
what the Committee seeks to do these are the agencies which subsist on subvention
and therefore Government has the right to close it down. Therefore, they want to have the subvention, withdrawn and the Government may or may not close it down and the agency may continue to survive on its own and therefore they want to give the state the discretion of closing it down to the State. I think I support the Chairman'sposition.
Deputy Minister for Defence
(Mr. William Boafo): Mr. Speaker, looking at clause 5 (1), without the proposed amendment that defines what a category (a) subvented agency is, if you add the amendment it only shows the consequences which follow after the cessation of subvention. It does not in any way add to the definition at all.
Mr. Speaker, if we also take the argument of the Chairman into account which is that clause 5 (2) is going to be deleted entirely, Mr. Speaker, one will ask oneself what happens to clause 6 and especially clause 7 which deals with subvention withdrawal because that clause 7 has been inserted by virtue of clause 5 (2) (b), that is the incidence of the withdrawal of subvention. The same thing applies to clause 6 the incidence of “close down of a subvented agency.” So Mr. Speaker, what the Chairman is saying will render it redundant, clause 7 in particular. We have not got to that stage. I do not know what he has in store.
But if he will maintain clause 7 then he has to have a second look at clause 5 so that it becomes more meaningful in the circumstances.
Mr. E. A. Agyepong 10:40 a.m.
Mr. speaker, I think the intendment of the amendment is that most organizations which are subvented do not live on Government subvention alone. They live partly on their operations revenue and then the amounts that come in from the Government to assist. So what is really the case is that

when it is difficult it does not necessarily mean that they are going to close down; maybe they may find a way of meeting salaries and other expenses. As far as I am concerned that clause “may close down” is really not necessary.
Mr. Okoh 10:40 a.m.
Mr. Speaker, if hon.
Members will have to refresh their memory on the memorandum and look at the objective of this Bill, they will go with us and know what we are talking about that the object of the Bill is to establish a legislative mechanism by which institutions and agencies in the public sector dependent on Government subvention can be reduced. So it means that if the “subvention” is taken away from an agency it does not necessarily mean that that agency is going to be closed down. It may or may not be closed down depending on the viability of that agency, maybe it will be on its own and this is what we are talking about. When we come to clause 6 as the hon. Member was talking about, we shall deal with that.
Mr. Speaker 10:40 a.m.
Chairman of the
Committee, what are you saying to Clause 5 subclause (1)? Are you insisting on your amendment?
Mr. Okoh 10:40 a.m.
Yes, Mr. Speaker.
Mr. Speaker 10:40 a.m.
Hon. Members, the
Chairman is insisting on his amendment.
Question put and amendment agreed to.
That clause 5 subclause (1) insert “and may be closed down” after “subvention”
Clause 5 as amended ordered to stand part of the Bill.
Mr. Hackman Owusu-Agyemang 10:50 a.m.
Mr. Speaker, may I crave your indulgence - unfortunately, we have passed but -
clause 4 (b) it says, “minimize the role of the Government in activities which can be efficiently undertaken by the private sector.”

Mr. Speaker, I thought that that is being a bit too specific in that, yes, that may be the ultimate goal but if it becomes necessary due to exigencies of the situation that the Executive must increase its contribution or involve itself in the activities, it should be possible and I was wondering whether we should not say “regulate the role of the Government”. That was what I thought we could do rather than say 'minimise”. “Minimise” is too restrictive and that means we must always be going down and if you have to come up then you have a difficulty.

In clause 1 also, it says “The Minister responsible for public sector reform.” You may argue, would we indefinitely have public sector reform? It is a continuous process certainly but will there be a Minister specifically for it all the time? And I think in making a law we should not really constrain, cocoon ourselves in such a way that we are not able to then have some degree of movement or freedom in the process. But specifically, I think that clause 4(b) should rather be “regulate” than “minimize”, if that is all right with the Chairman.
Mr. Speaker 10:50 a.m.
Hon. Minister, clause 4 has already been dealt with and we do not have any notice of your amendment.
Mr. Owusu-Agyemang 10:50 a.m.
Mr. Speaker, that was why I said, may I crave your indulgence to go back because we could not get a copy of the Bill immediately and I knew I had something to say so I had to ask the Clerk's Table for a copy. But if it is too late, well, the French man says, Tant-pis! - Too bad.
Mr. Speaker 10:50 a.m.
Sorry, too bad indeed.

Chairman of the Committee, I do not

have any proposed amendment in respect of other subclauses in clause 5 so should we move to clause 6?
Mr. Okoh 10:50 a.m.
Mr. Speaker, yes.
Clause 6 Subvented agency closed
down.
Mr. Okoh 10:50 a.m.
Mr. Speaker, I beg to move,
that clause 6 - subclause (1) paragraph (d), line 1, delete “end-of-service”
Question put and amendment agreed to.
Clause 6 as amended ordered to stand
part of the Bill.
Clauses 7 and 8 ordered to stand part of the Bill.
Clause 9 - Criteria for category II
subvented agency.
Mr. Okoh 10:50 a.m.
Mr. Speaker, I beg to
move, that clause 9 - delete and insert the following:
“129. The criterion for classi- fication of a category II subvented agency shall be whether or not the public agency performs a core function of the government.”
Mr. Speaker, the Committee believes that the subclauses of clause 9 are superfluous since much as a viable mandate does not mean performing a core function is sine qua non to having a viable mandate; so the Committee thinks that that should be deleted and “criterion” inserted.
Question put amendment agreed to.
Clause 9 as amended ordered to stand
part of the Bill.
Clause 10 - Responsibility of sector
Minister for category II subvented agency.
Mr. Osei Kyei-Mensah-Bonsu 10:50 a.m.
Mr.
Mr. Speaker 10:50 a.m.
Chief Whip, which clause are you dealing with?
Mr. Kyei-Mensah-Bonsu 10:50 a.m.
Mr. Speaker, clause 9.
Mr. Speaker 10:50 a.m.
We have dealt with it.
Mr. Kyei-Mensah-Bonsu 10:50 a.m.
Mr. Speaker, with respect, from the Committee we are being told that a subvented agency is one that performs a core function of Government. Mr. Speaker, I thought that the performance of the function should rather relate to the State and not the Government. I do not know whether the Committee considered this because I thought it is the business of the State that we are talking about and not of the Government.
So if the Chairman may consider that, because I thought the criterion for classification shall be whether or not the public agency performs a core function of the State and not necessarily of Government; because it may be of Government, but it may not have any relevance to the State.
Mr. Okoh 10:50 a.m.
Mr. Speaker, I think
my hon. Friend would have to visit the memorandum and see what it means. If you look at the memorandum it says that “sectors dependent on government's subvention”. If you look thorough the whole memorandum it is talking about Government. I do not really see a sharp difference between the State and the Government over here and that was what informed the decision of the Committee

but I do not know if other hon. Members may want to give their ideas about it.

Clause 10 ordered to stand part of the Bill.

Clause 11 - Category III subvented

agency
Mr. Kyei-Mensah-Bonsu 11 a.m.
Mr.
Speaker, clause 11, I believe that should strengthen the argument that I proffered in respect of clause 9, if the Chairman of the Committee would seriously consider it. In clause 11, in defining Category III subvented agency, we are talking about public interest which is defined under clause 19.

Mr. Speaker, it is defined as - “public interest” includes a right or advantage which enures or is intended to enure to the general benefit of the people of this country? That was why I thought that our concern should be to the State and not to Government.

Mr. Speaker, I do concede that we have

dealt with clause 9 but I am imploring the Chairman of the Committee to reconsider it. And I believe that focus should be on the State and not Government as far as the definition offered for category II subvented agencies is concerned.
Ms. Josephine Aidooh 11 a.m.
Mr. Speaker,
I am also a member of the Committee, but I have realized that “State” will be better. I think I will go with the “State” instead of the “Government”. Anyway, that is my opinion and I think the “Government” sounds like Government in power and the “State” will be the State of Ghana.
Mr. Kwadwo Adjei-Darko 11 a.m.
Mr.
Alhaji Malik A. Yakubu 11 a.m.
Mr. Speaker, I think the Deputy Minister for Defence has captured the sense of it very well. It is the Government that fashions policies for the State and the Subvented Agencies act in accordance with Government policy. So he has placed it properly by tying it to Government so that they will conform to Government policy. The State does not make policies of its own, it is the Government that makes policies for the State. So Mr. Speaker, “Government” is
more appropriate.
Mr. S. K. Balado Manu 11 a.m.
Mr. Speaker,
I also think it should be “Government” because “State” is faceless whereas “Government” is more visible. “State” is stateless and faceless, thus if we say “Government” then we can hold Government responsible for whatever. But if we say “State”, it is too anonymous.
Mr. Kyei-Mensah-Bonsu 11 a.m.
Mr.
Speaker, I am surprised that the former Chairman of the Committee on Employment, Social Welfare and State Enterprises should be arguing this way.
Mr. Speaker, it is not for nothing that
the Constitution and indeed our Standing Orders talk about State Enterprises. And that is why the Committee is not on government enterprises or government agencies, it is on State Enterprises. So I believe the distinction that they are trying to make, Mr. Speaker is neither here nor there at all. The focus should be on “State” and indeed if we look at category III, clause 9, Mr. Speaker, it strengthens the argument that it should be State Agencies and not Government Agencies.
I am surprised as I said once again that the former Chairman of the Committee on Employment, Social Welfare and State Enterprises should say that the State is faceless.
Mr. Speaker, I am surprised.
Question put and motion agreed to
Clause 11 to 12 ordered to stand part
of the Bill.
Clause 13 -- Duties of the Minister
responsible for category III subvented Agency.
Chairman of the Committee 11 a.m.
Mr.
Speaker, I beg to move, that clause 13, paragraph (a) delete and insert the following:
“ ( a ) o n t h e a d v i c e o f t h e Commission, make proposals to the governing board for the operation of the agency's commercial activities”
Mr. Speaker, the amendment proposed
is only for the purposes of proper drafting.
Question put and amendment agreed
to.
Chairman of the Committee 11 a.m.
Mr.
Speaker, I beg to move, that paragraph clause 13 (c), line 1, before “assist” insert “subject to article 181 of the Constitution”
Mr. Speaker, the insertion of the
phrase “subject to article 181 of the Constitution” is to give the particular function a constitutional basis.
Mr. A. O. Aidooh 11 a.m.
Mr. Speaker, I am
sorry but I could not catch your eye, I was up pertaining to 13(a) - [Interruption] Mr. Speaker, I agree that the proposed amendment, does not capture the purpose of clause 13.
Mr. Speaker, clause 13 (a) implies that, and it says and I quote,
“The Minister shall make proposals to the governing board of the agency for the commercial operation of its activities. . .”
Mr. Speaker, “for the commercial. . .”
that the agency is commercially viable instead of revenue generation.
Mr. Speaker, the amendment seeks to
create the impression that the agency is a commercial agency, an agency that is engaged in commercial activities. They are different things and an agency will not be a core commercial agency but it
Mr. Okoh 11 a.m.
Mr. Speaker, if I understand
my hon. Colleague very well, what the amendment seeks to do is that -- an agency may not be operating commercially but when an agency decides or when the Board by its own estimation feels that the agency can take commercial activities, then on the advice of the Commission, they can be given the authority to do so.
Mr. Speaker 11:10 a.m.
You continue with clause 13, the second amendment as well.
Mr. Okoh 11:10 a.m.
Mr. Speaker, that is
13(c): insert “subject to article 181 of the Constitution,” before “assist” and I said that that was to give the constitutional basis of the functions of that clause.
Mr. Kyei-Mensah-Bonsu 11:10 a.m.
Mr.
Speaker, I believe the amendment proposed by the Committee is really unnecessary; that is for the clause 13 (c) he is talking about, because the Constitution is clear. We cannot make any legislation that runs counter to the Constitution. If there is any such law to the extent of its conflicting with the Constitution, it becomes null and void. So really we do not need to insert the new addition that he is trying to introduce.
But I think Mr. Speaker, that going
Mr. Speaker 11:10 a.m.
The Chairman of the
Committee does not appear to agree with you on that. But in respect of this second amendment, Chairman of the Committee, what is the need to put in “subject to article 181 of the Constitution?” Before that, I call the Minister for Education, Youth and Sports.
Minister for Education, Youth and
Sports (Mr. Yaw Osafo-Maafo): Mr. Speaker, this amendment is absolutely unnecessary. Ar t ic le 181 of the Constitution deals with the power of the State to borrow and the ramification thereof. Government borrows on behalf of subvented agencies, Government can borrow and lend, it comes naturally. Therefore, adding this to clause 13(c) is really uncalled for. They cannot possibly put a liability on Government without coming to Parliament. So basically, it is not necessary. If there is going to be any borrowing, either for the Government itself or for onlending to subvented agencies, whatever it is, it must come to Parliament.
So once you talk about loans, external or internal, Parliament is there. So article 181 is already covered and therefore we do not need to add to it. We could not do it without article 181 anyway under the Constitution.
Mr. Speaker 11:10 a.m.
Chairman of the
Committee, what do you say to that?
Mr. Okoh 11:10 a.m.
Mr. Speaker, I think I
would want to agree with them. But we were emphasising that we were doing that subject to that article. But if we remove it I do not think there would be any problem since it is covered.
Mr. Speaker 11:10 a.m.
Are you withdrawing
the second amendment?
Mr. Okoh 11:10 a.m.
Mr. Speaker, I want to
withdraw the second amendment.
Amendment by leave withdrawn.
That clause 13, paragraph (c) line 1, before “assist” insert subject to article 181 of the Constitution.
Mr. Speaker 11:10 a.m.
Hon. Members, then

Mr. Osei Kyei-Mensah-Bonsu -- rose
- 11:10 a.m.
Mr. Speaker 11:10 a.m.
Chief Whip, it does not -- [Interruption]
Mr. Osei Kyei-Mensah-Bonsu 11:10 a.m.
Mr. Speaker, the second leg, the other one he has withdrawn, that is paragraph (c); but the first one, as I have indicated, his own construction I believe is to make the construction neater.
But as I was indicating and in support of what the Deputy Majority Leader has said, I think that he has left out some sense in the original rendition of clause 13 (a). So if he could have a second look at his own construction he would realise that it does not capture the entire sense of clause 13 (a). So yes, we may want to make it neater, but we may have to have a second
look at it because it does not capture the entire thing.
Mr. Speaker 11:10 a.m.
Chairman of the Committee, is it your wish that we stand it down?
Mr. Okoh 11:10 a.m.
Yes, Mr. Speaker.
Clause 14 - Conversion of category III subvented agency.
Mr. Speaker 11:10 a.m.
Chairman of the Committee, there is an amendment,move it.
Mr. Okoh 11:10 a.m.
Mr. Speaker, before I move that amendment, I would want to make a further amendment to that clause 14(2), between “governing board,” and “the sector Minister shall”. Delete and insert “in consultation with the President, the Minister ‘shall'” Because I am advised that it is only the President who institutes a board and in that case, we do not put the authority on the Minister, but we can say that “in consultation with the President, the Minister ‘shall…” so that we recast the entire subclause as follows:
“(a) Where the statutory subvented agency does not at any time have any governing board, the Sector Minister shall in consultation with the President within three months of being aware of that fact, appoint a governing board.”
Mr. Speaker 11:10 a.m.
Chairman of the
Committee, there is a problem there. You said “in consultation.” It cannot be in consultation with the President; on the advice, yes.
Mr. Speaker 11:10 a.m.
Mr. Speaker, I want to go by that, that is, the properword that should be used: “on the advice…”
Mr. Ghartey 11:10 a.m.
Mr. Speaker, the Chairman of the Committee is seeking refuge under this proposed amendment. But what is happening is that the first error has created a snowballing effect which is leading him from error to error. Whether “on the advice…” or in “consultation with…”, the Minister has no power with regard to appointment; it is the President. Because if you look at the Subvented Agencies Bill, you have two categories of subvented agencies.
You have those which are set up by statute and you have those which are set up as companies.
When the State sets up a company under the Companies Code, the executive authority is vested in the President; the President is the trustee of the shareholders which are the people of Ghana and he as the sole shareholder has the power to appoint the directors.
In the same way, if it is established by Constitution, it is the President who has power and the President does not even need the advice of the sector Minister. So I guess if the purpose of this amendment is to ensure that statutory agencies do not lie fallow without boards for a long time and that is why they have the three months period, perhaps we can look at it in that case. But the Minister has no power whatsoever; it is the President who has the power.
So I would suggest to the Chairman that we should abandon his amendment. Even the subclause (2), as it stands now
“… the sector Minister shall take decisions upon advice or upon instruction of the President”,
the Minister cannot act by himself; the
subclause (2) as it stands. “Where the statutory subvented agency does not have a governing board, the sector Minister shall take decisions for the subvented agency but may delegate this duty to the Commission,” it is very dangerous. It means that the sector Minister does not even need to take instructions from the President; he decides, he takes the decisions and he may even delegate that power that is not his, originally to Commission, to another body completely excluding the President.
So those two are very dangerous. It is the President who has the power. If we can stand it down and then meet with them and redraft it in a manner which is proper and fitting and which also conforms to the provisions of the Constitution --
Mr. Speaker 11:10 a.m.
Chairman of the Committee, is it your wish that we stand this clause down?
11. 20 a.m.
Mr. Paul Okoh 11:10 a.m.
Mr. Speaker, yes, I thank the hon. Member for his education but we were informed by this decision because we have been told that there have been some agencies without Boards for sometime and when this happens, the hon. Minister takes over. So we were trying to put in a clause that would, maybe, tie the hands of the hon. Minister in order that the Minister would not necessarily overlook the fact that there is no Board for an agency. But as he says, I think I have to go by that - we stand it down and look for a better wording.
Mr. Speaker 11:10 a.m.
Clause 14 stood down.
Minister for Parliamentary Affairs/
Majority Leader (Mr. F. K. Owusu- Adjapong) 11:10 a.m.
Mr. Speaker, it looks like we may have to curtail further consideration of this bill because I am told by the hon.
Mr. Speaker 11:10 a.m.
Hon. Majority Leader,
so are you suggesting that we defer the whole proceedings or we continue but stand down these clauses?
M r. O w u s u - A d j a p o n g : M r.
Mr. Speaker 11:10 a.m.
Hon. Members, we are standing down those clauses, 13 and 14.
Clause 15 - Category IV subvented
agency.
Deputy Attorney-General and
Minister for Justice (Mr. Joe Ghartey) 11:10 a.m.
Mr. Speaker, I am sorry I have to rise again but when you look at clause 15, it is difficult to understand. The Bill is entitled Subvented Agencies Bill and clause 15 says that a subvented agency in this category shall not receive subvention. Then how is it a subvented agency? A subvented agency in this category shall not receive subvention and this is a subvented agencies bill. So if it does not receive subvention, then how is it a subvented agency? That is my difficulty and perhaps the hon. Chairman can assist me.
Deputy Attorney-General and
Minister for Justice (Mr. Owusu Ansah) 11:10 a.m.
Mr. Speaker, I entirely agree
with my hon. Colleague but I think that the drafting was done in our office and I would suggest that we stand that down and get the Draftsperson to assist us to clear that incongruous drafting that we find there. Thank you.
Mr. S. K. B. Manu 11:10 a.m.
Mr. Speaker,
if you listen carefully to what the hon. Chairman of the Committee said, he said that the Government is trying to minimize, that is the word the hon. Minister wanted us to review, minimize Government subvention to these agencies. There can be a subvented agency which with time, graduate to a state where it weans itself from Government subvention, like Ghana Institute of Management and Public Administration (GIMPA). GIMPA was a subvented agency that, over time, weaned itself of Government subvention. So we can have such agencies, so I do not think that because a subvented agency bears that name it should necessarily be subvented. This is because Government's vision is for all subvented agencies or as many subvented agencies as possible should wean themselves of Government subvention.
Mr. Speaker 11:10 a.m.
Hon. Majority Leader,
may I suggest that we adjourn further discussions on this matter. The best thing to do is to adjourn discussions on this matter.
Mr. Owusu-Adjapong 11:10 a.m.
Mr. Speaker, I beg to move, that this House do now adjourn till tomorrow at 10. 00 o'clock in the morning.
Mr. A. O. Aidooh 11:10 a.m.
Mr. Speaker, I beg
to second the motion for adjournment.
Question put and motion agreed to.
ADJOURNMENT 11:10 a.m.