Debates of 21 Jul 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, Thursday, 20th July 2006 -- Page 1, 2, 3 … 12.
Mr. Alfred W. G. Abayateye --
rose --
Mr. Speaker 10 a.m.
Yes, hon. Member for
Sege?
Mr. Abayateye 10 a.m.
Mr. Speaker, on page 12 -- “In Attendance” -- I think the titles of some of the people there are wrong and I want to make the corrections: (ii) Revd. Prof. S. K. Adjepong, (v) Dr. Seth A. Laryea, (vi) Prof. K. Sraku Lartey and (vii) Dr. V. P. Gadzekpo.
Mr. John A. Ndebugre 10 a.m.
Mr. Speaker, I want to draw your attention to the fact that
the Committee on Lands and Forestry also met yesterday but it has not been indicated.
Mr. Speaker 10 a.m.
Right.

Item 3 -- Business Statement for the eleventh week -- Hon. Chairman of the Business Committee?
BUSINESS OF THE HOUSE 10 a.m.
Mr. John Akologu Tia (Talensi) 10:10 a.m.
To ask the Upper East Regional Minister what is the cause of the conflict between two galamsey operating groups in the Yale Mining Zone in the Talensi/Nabdam District and what steps are being taken to resolve the conflict.
Questions --
Minister for the Upper East Region
-- 746.
Minister for Water Resources, Works and Housing -- 516, 517, 518, 552 and 553.
Statements
Motions --
(a) Adoption of the Report of the Joint Committee on Education and Constitutional, Legal and Parliamentary Affairs on the ECOWAS Protocol No. A/P.3/01/03 on Education and Training and General Convention on Recognition and Equivalence of Certificates.

(b) Adoption of the Report of the Joint Committee on Finance and Food, Agriculture and Cocoa Affairs on the Loan Agreement between the Govern-ment of Ghana and Agence Francaise de Development (AFD) and Kreditanstalt Fur Wiederaufbau (KFW) for an amount of €23.4 million and grant amount of €2 million for financing the promotion of perennial crops in Ghana.
Mr. John Akologu Tia (Talensi) 10:10 a.m.


(c) Adoption of the Report of the Finance Committee on the Credit Facility Agreement between the Republic of Ghana and Barclays Bank, Ghana Limited for an amount of US$50,000,000.00 for the construction of Tamale and Sekondi Sports Stadia.

Third Reading of Bills --

( a ) W e s t A f r i c a n Examinations Council Bill.

(b) Council for Technical and Vocational Education and Training Bill, 2006

Closed Sitting of the House.

Questions --

Minister for Transportation -- 370,

373, 376, 382, 384, 385, 386, 485,

495 and 496.

Statements

Committee Sittings.

The House Expected to rise sine die.
Dr. Kwame Ampofo 10:10 a.m.
Mr. Speaker, on Wednesday it was advertised that I was scheduled to have put a Question to the Minister for Local Government, Rural Development and Environment but I guess because of the state funeral, there were no Questions asked. So I thought that it would be shifted to today, but I see that those set of Questions that were scheduled
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker,
I am inclined to believe that it is those Questions that have been rescheduled for next week. That was what we decided at the Business Committee. But I would verify to be sure because they were the Questions that were listed for this week which the Business Committee shifted to the following week. Perhaps we can check up and if it is omitted, we would definitely correct it.
Mr. Speaker 10:10 a.m.
Item 4 -- Questions.
Question No. 363.
ORAL ANSWERS TO QUESTIONS 10:10 a.m.
MINISTRY OF TRANSPORTATION 10:10 a.m.
Mr. A. W. G. Abayateye 10:10 a.m.
Mr.
Speaker, the hon. Member is not in and he has asked me to ask the Question on his behalf.
Mr. Speaker 10:10 a.m.
Please, go ahead.
Ekumfi Adansi, Ekumpoano, Akra Road
Q. 363. Mr. A. W. G. Abayateye (on
behalf of Mr. George Kuntu-Blankson) asked the Minister for Transportation when the continuation of work on the Ekumfi Adansi, Ekumpoano and Akra road would commence.
Minister for Transportation (Dr. R. W. Anane) 10:10 a.m.
Mr. Speaker, Ekumfi Adansi is a town located on the Essuehyia-Akra feeder road. The Ekumpoano Junction- Ekumpoano road branches off from the Essuehyia-Akra feeder road.
The Essuehyia-Akra feeder road is 13.1 km long while the Ekumpoano Junction- Ekumpoano is 1.6 km long. The two roads are located in the Mfantseman District of the Central Region.
The first 5 km of the Essuehyia-Akra feeder road was awarded for surfacing in December 2004 under GOG funding.
The project which was executed by Messrs Big Aidoo Construction Limited was completed in September 2005 at a cost of ¢2.8 billion.
Future Programme
Further engineering studies will be carried out on the remaining sections from September to December this year. After the studies, the necessary intervention would be carried out on the remaining portion of the Essuehyia-Akra and the Ekumpoano Junction-Ekumpoano feeder roads respectively.
Meanwhile, the unpaved sections together with other roads have been programmed for routine/recurrent maintenance this year. Bids were received on 28th June 2006 and it is expected that the projects will be awarded by the end of this year.
Mr. Abayateye 10:20 a.m.
Mr. Speaker, in the Minister's Answer, he stated that the Essuehyia-Akra feeder road is 13.1 km and 5 km of that was awarded in 2004 and work was completed in 2005. With specific reference to that one, I want to know when the remaining 8.l km will be awarded for work.
Dr. Anane 10:20 a.m.
Mr. Speaker, the start of the continuation would be determined by studies that are going to be carried out in September this year and after the
Mr. Abayateye 10:20 a.m.
Mr. Speaker, those roads in question serve various communities and the one for Ekumpoano- Junction to Ekumpoano, the 1.6 km, is a very short distance. What is its fate, Mr. Speaker?
Dr. Anane 10:20 a.m.
Mr. Speaker, I may not correctly understand my hon. Colleague. I do not think the shortness of the road determines how fast work can be done on it. In fact, even the shortness may even be a negative factor because to get a contractor to be mobilized to the site is expensive and therefore he would want to at least, get a bigger lump of contract for the contractor to effectively go to do the work. So we are tackling it, as we have stated; and it will be done as we have scheduled.
Road Sector Development Fund (History and Status)
Q. 365. Mr. John A. Ndebugre asked the Minister for Transportation what the history of the Road Sector Development Fund was and what was its status then.
Dr. Anane 10:30 a.m.
Mr. Speaker, the main objective for the establishment of the Road Fund is to develop local (country) capacity to fund road maintenance on a sustainable basis. The Road Fund idea was mooted under the Road Management Initiative (RMI). The RMI policy was aimed at pursuing cost recovery for undertaking maintenance of roads.
The strategy under this cost-recovery policy was to ensure adequate and stable flow of funds for road maintenance.
Mr. Speaker, the main sources of revenue of the Road Fund are from road user charges. The dominant road user charges in Ghana are fuel levy, vehicle registration, road user fee, road, bridge and ferry tolls and international transit fees. The fuel levy is the highest contributor to the fund and constitute about 92-95 per cent of the total Road Fund revenue in Ghana.
Mr. Speaker, we expect that even as fuel prices go up, we get more of fuel levy to help to build up in order to be able to maintain the roads since that constitutes about 92-95 per cent of the total Road Fund revenue.
Mr. Speaker, up until 1985, Ghana financed the maintenance of its road network from the Consolidated Fund. Over the years, however, both the allocation and actual disbursement of funds for the purpose of road maintenance progressively dwindled, resulting in extensive deterioration of the road network, thereby creating a substantial backlog of unattended road maintenance.
In 1985, through an administrative order, the Government established the Road Fund under the Ministry of Finance and Economic Planning.
The sector Ministry administered the Fund with disbursement approval from the Ministry of Finance and Economic Planning.
This set-up was in operation from its inception in 1985 to 1997. However, while it helped to achieve considerable improvement in road maintenance capabilities of the road agencies, it had serious deficiencies and shortcomings. Some of these were:
The Fund could not generate adequate revenue to meet road

maintenance needs on a sustainable basis.

Lack of strong enough political will and public support for regular adjustments in tariffs to meet cost of maintaining the expanding network and for inflation.

Lack of e ffec t ive f inancia l management to ensure proper accounting and disbursement of the funds.

Mr. Speaker, in an effort to overcome these challenges, the Government established what has become known as the Second Generation Road Fund under the Road Fund Act (Act 536 of 1997). Under the Law, a Road Fund board was constituted with membership drawn from both the public sector and the private sector road user organizations. Secondly, sound management structures were introduced into the operations of the Fund. Thirdly, it was designed to run relatively more independently from the Government Consolidated Fund as it operated a separate financial management system.

Additionally, in 1996, the Government agreed to a policy of increasing the user charges systematically so that the Fund would fully cover all routine and periodic maintenance of trunk, feeder and urban roads. All these features were in line with the World Bank's management initiative (RMI's) concept.

This policy was to ensure that by 2002, the fuel levy would have systematically been increased from the 1996 level of 4.5 US cent to 9.5 US cent. Mr. Speaker, at the end of 2002, due to inconsistent increment and the unstable cedi value, the actual level in real terms had dropped to 2.87 US cent. The Government came out with a new policy on fuel levy in August 2003 to achieve the 2002 target of 9.5 US cent per litre by 2008.

As at the end of 2005, the level had increased to 6.12 US cent in real terms. The target of the Government is to ensure that by end of 2008 the level will be 9.5 US cent. Other source of revenue of the Road Fund is also being increased through the amendment of appropriate laws to ensure that it contributes a total of 10 per cent of the revenue of the Fund.

Mr. Speaker, this means that we may have to increase the tolls that we collect on our roads and also possibly cause an increase in the fuel levy with the support of this honourable House.

Mr. Speaker, the Ghana Road Fund came into existence in 1995. This was ratified by an Act of Parliament entitled “The Road Fund Act, 1997” (Act 536).

The object of the Fund is to finance routine and periodic maintenance and rehabilitation of public roads in the country.

The Fund shall also be used to assist the Metropolitan, Municipal and District Assemblies in the exercise of their functions relevant to public roads under any enactment.

The financial resources of the Fund shall be derived from:

a) such proportion of government levy on petrol, diesel and refined fuel oil as may be determined by Cabinet with the approval of Parliament;

b) bridge, ferry and road tolls collected by the Authority;

c) vehicle licence and inspection fees;
Mr. Ndebugre 10:30 a.m.
Mr. Speaker, in the Minister's Answer, he said the Road Fund came into existence in 1995 and this was ratified by an Act of Parliament, et cetera. How did it exist prior to the ratification?
P. 17
P.18
Dr. Anane 10:30 a.m.
Mr. Speaker, even before 1995, there was in existence a body which was then under the Ministry of Finance for the collection of resources for the maintenance of roads. Mr. Speaker, to rationalize and to bring it under the ambit of the Ministry responsible for the maintenance of roads, this was formed into a Road Fund Board and that was what was presented to Cabinet for consideration and ratification. So in 1997, this august House finally ratified it into an Act.
Mr. Ndebugre 10:30 a.m.
Mr. Speaker, in the Answer, again, the Minister says the Fund shall also be used to assist the Metropolitan, Municipal and District Assemblies in the exercise of their functions relevant to public roads under any enactment. May we know what form this assistance takes?
Dr. Anane 10:40 a.m.
Mr. Speaker, as we come
Mr. Ndebugre 10:40 a.m.
Mr. Speaker, I would
like to know from the hon. Minister if he would consider disbursing this fund to the District, Municipal and Metropolitan Assemblies along the lines that the Ghana Education Trust Fund (GETFund), for example, is being disbursed -- sharing the funds among the District, Municipal and Metropolitan Assemblies according to a formula to be approved by this House.
Dr. Anane 10:40 a.m.
Mr. Speaker, this may
be a suggestion that could be considered, but the road densities are not the same in all the districts and maintenance require- ments are not the same for all districts. So it is not just a matter of sharing; it is a matter of attending to needs and that is why his consideration, even though it is something that could be considered in future may not be practicable for the present.
Mr. E. K. Salia 10:40 a.m.
Mr. Speaker, I
thought I heard my hon. Colleague say that the roads were under districts. Truly, every district has a road passing through it but all the roads are not under districts. Will the hon. Minister confirm that trunk roads are not under Metropolitan and
District Assemblies?
Dr. Anane 10:40 a.m.
Mr. Speaker, I think my
hon. Colleague only wants to pull one's legs. My Answer was that my hon. Colleague who was asking that Question was aware that several Questions are asked here and invariably when they are asked, they tended not to have been captured under the road network inventory of the relevant agencies. So I have been requesting that they ask the particular district to prioritise for consideration and possibly, execution. These roads are usually the feeder roads. I did not talk about trunk roads. So, Mr. Speaker, yes, trunk roads are not under the ambit of the districts.
Mr. Salia 10:40 a.m.
Mr. Speaker, in respect of
the Question asked by my hon. Colleague, the hon. Member for Zebilla, can the hon. Minister consider the allocation of the Roads and Transport budget along district lines or at least, along regional lines?
Dr. Anane 10:40 a.m.
Mr. Speaker, as I answered my hon. Colleague, it is a suggestion worth considering. But then, road maintenance is dependent upon road density and need for maintenance. So for the present and until we are able to do what we have planned to do for all the regions and districts, it may be difficult to just decide that I am allocating to a region when the region's needs may not be the same as another region's needs. But what I think he may be rather suggesting is that, looking at the road needs, we disburse according to needs; and which is what normally has been done.
Tarring of Wioso-Wansanmire Road
Q. 367. Mr. S. K. B. Manu asked the Minister for Transportation what plans the Ministry had towards the tarring of the Wioso-Wansanmire road in the Ahafo- Ano South constituency.
Dr. Anane 10:40 a.m.
Mr. Speaker, the Wioso- Wansanmire feeder road is 4 km long and is located in the Ahafo-Ano South District of the Ashanti Region. The road forms part of the Wioso-Wansanmire-Nyinahin feeder road which is 81km and passes through the Ahafo-Ano South and the Atwima Mponua Districts respectively.
The Department of Feeder Roads (DFR) has plans to tar the road in phases.
Current Programme
The first 21km has been programmed for staged surfacing this year. This year, a contract will be awarded for the construction of 27 culverts and the gravelling of the entire section as phase one (1) contract. After the completion of the phase one (1) contract, the entire 21km stretch will then be tarred as a second phase. Procurement for the tarring will commence in March next year.
Meanwhile, the Wioso-Wansanmire feeder road was awarded for routine/ recurrent maintenance in May 2006 at a contract sum of ¢962 million. This project is to be executed by Messrs Memphis Metropolitan Limited and is expected to be completed in six months.
The works to be done for this routine maintenance include construction of five (5) culverts, regravelling of 4 km and reshaping of the entire 41-kilometre road. This is a remedial work contract meant to repair sections of the road which have been made impassable after the recent rains.
The contractor has just started the works and the clearing of the vegetation is in progress.
Future Programme
After the completion of the 21-km stretch, the remaining stretch will also be programmed for surfacing.
Studies on the road have already been completed, and therefore we are
confident that we can complete what we have started.
Mr. Manu 10:40 a.m.
Mr. Speaker, in the Answer of the hon. Minister, he states -- and with your permission, I beg to quote:
“The f i r s t 21-km has been programmed for staged surfacing this year. This year, a contract will be awarded for the construction of 27 culverts and the gravelling of the entire section as phase one (1) contract.”
May I know when exactly this year that this contract referred to would be awarded?
Dr. Anane 10:40 a.m.
Mr. Speaker, our procure-
ment processes are on course and we expect that by the end of August or early September, many of these projects would have been awarded. I am sure my hon. Colleague would have seen a lot of advertisements in the papers and these are all what we are doing towards procuring contractors for the execution of the projects.
Mr. Manu 10:40 a.m.
Mr. Speaker, in the last
but one paragraph of the Answer titled “Future programme” the hon. Minister said and I quote:
“After the completion of the 21km stretch, the remaining stretch will also be programmed for surfacing.”
The hon. Minister has indicated that the entire road is about 81 km and then the section for Ahafo Ano South is 41 km. When he says “the remaining stretch after the 21 km . . .” may I know what he is really referring to. Is it the rest of the 41 km or the rest of the 81 km that is stretching to Nyinahin?
Dr. Anane 10:50 a.m.
Mr. Speaker, I believe
my hon. Colleague does know that that corridor serves a lot of communities as
Dr. Anane 10:50 a.m.


well as many farming communities. Mr. Speaker, I think that corridor actually deserves to have surfacing, so it is the intention of the Ministry to have it surfaced. But as I have stated, this can only be done in phases and that is why we have talked about phased approach to the tarring. So it has to do with the entire stretch.
Mr. S. K. B. Manu 10:50 a.m.
Mr. Speaker, at
Mr. Speaker 10:50 a.m.
Hon. Member, if
you, have no supplementary question - [Laughter] -- Question No. 368 Hon. Iddrisu Dawuda.
Tamale-Karaga, et cetera Roads
Q. 368. Mr. Dawuda Iddrisu asked the Minister for Transportation when the following roads would be seriously taken care of:
(i) Tamale-Karaga through Nanton;
(ii) Tamale-Karaga through Ta-malegu;
(iii) Karaga-Pishugu.
Dr. Anane 10:50 a.m.
Mr. Speaker, Tamale- Karaga through Nanton road.
Background
Mr. Speaker, the Tamale-Nanton- Karaga road is 80 km in length and forms part of the Regional Route R90 in the Northern Region. It is gravel surfaced and in fair condition.
Current Programme
Mr. D. Iddrisu 10:50 a.m.
Mr. Speaker, in the hon. Minister's Answer on the Tamale- Karaga through Nanton roads, he stated, and I quote:
“The first 3.0 km (km 0-3) has been awarded to Messrs Iddal Company Limited for tarring at a contract sum of ¢6.18 billion. The project was awarded on the 8th of November, 2004 for completion by 2nd February 2006. The works completed to date are earthworks and concrete U-drains.”
May I know from the hon. Minister how much of the contract sum has been paid to the contractor so far?
Dr. Anane 10:50 a.m.
Mr. Speaker, in the Answer, I specified that progress to date is 42 per cent. That implies that 42 per cent of the amount has been disbursed as at present; that is how much has been disbursed.
Mr. D. Iddrisu 10:50 a.m.
Mr. Speaker, with
specific reference to Messrs Iddal Company Limited, what time limit has been given to him to finish the job since the initial deadline for completion was 2nd February, 2006?
Dr. Anane 11 a.m.
Mr. Speaker, the contractor
was facing some problems which were genuine and therefore after we had gone into it we thought he had to be given a little more time. Acquisition of chippings in the Northern Region is difficult. He either has to go up to Pwalugu or come down to Wenchi before he can get chippings for the execution of the project. That is how come, after we called him and warned him, he has stepped up progress and has been able to pile up the chippings and other subbase materials to execute the project.
So we want to give him up to three months to see how he progresses and then we will decide definitely on what to do. But for the present he has stepped up progress of work and we seem to be a bit satisfied with what is going on.

Roads Leading to Tourist Sites in Hohoe South Constituency (Tarring)

Q. 369. Mr. Joseph Z. Amenowode asked the Minister for Transportation what plans the Ministry had for the tarring of the following roads leading to important tourist sites in the Hohoe South constituency:

(i) Logba Alakpeti Tafi Atome;

(ii) Liati Agbonyra- Liati Wote;

(iii) Logba Alakpeti-Klikpo;

(iv) Liati Soba-Dafornu-Wli.
Dr. Anane 11 a.m.
Mr. Speaker, (i) Logba Alakpeti-Tafi Atome road.
Background
The Logba Alakpeti-Tafi Atome feeder road is 5 km long. The road is engineered and is located in the Hohoe District of the Volta Region. The area has a monkey sanctuary and is therefore an important tourist site. Current Programme
The Logba Alakpeti-Tafi Atome feeder road which is (5 km) together with others has been programmed for routine/ recurrent maintenance this year. Bids have already been received and evaluation of the bids is in progress. It is expected that the project will be awarded by end of July this year.
Future Programme
The road will be awarded for spot improvement this year. Engineering studies on the road has already been completed and that would help us pursue further work on the road.
(ii) Liati Agbonyra-Liati Wote
Background
The Liati Agbonyra-Liati Wote feeder road is 12 km long. The road is engineered and is located in the Hohoe District.
Current Programme
The Liati Agbonyra-Liati Wote feeder
Mr. Amenowode 11 a.m.
Mr. Speaker, I want to thank the hon. Minister for identifying the area as having nice tourist potentials. Knowing that tourism is now a major income earner, we have to do everything possible to attract the tourists, and one sure way is the road. But my question specifically is on what plans the Ministry has for tarring or, if I should use his language, for surfacing these roads.
Apart from the Liati-Agbonyra-Liati road which he gave an indication that it has been awarded and would be surfaced, he never mentioned any timeframe for tarring those roads. So my question specifically is when they would be tarred or surfaced, if I should use that technical language.
Dr. Anane 11 a.m.
Mr. Speaker, yes, it is true
that with respect to Liati Agbonyra-Liati we have already awarded the contract and the contractor is mobilizing to site. Mr. Speaker, we have to keep the others open in order for people to traverse the corridor as we mobilize the requisite funding to also attend to tarring the others.
Mr. Speaker, my hon. Colleague would have noted that even the Logba Alakpeti-Klikor, especially the Hohoe- Wli one was also awarded and but for the poor performance of the contractor, that should also have opened up the road to the Wli Waterfalls. So it is our intention to make sure that we open up these areas so that tourists can easily access the various sites. So yes, we know it and I am always in touch with the Minister for Tourism and Diaspora Affairs who is also very concerned about how we can open up these areas.
Mr. Amenowode 11 a.m.
Mr. Speaker, I
acknowledge the efforts of the Ministry. In fact, every year they do some work on the road but most of the time -- I do not know whether that is what is supposed to
Dr. Anane 11 a.m.
Mr. Speaker, in my Answer to the Logba Alakpeti-Tafi Atome, I said engineering studies have been completed. Again in my Answer on the Logba Alakpeti-Klikor, I said that engineering studies have been completed. Mr. Speaker, the reason why these roads were being graded to just make them motorable, over the years, was because the studies had not been done and one needs the studies to advise on the kind of interventions that one may need to do it.
Mr. Speaker, that is also how come we said we are doing spot improvements on these roads. These are to install the requisite infrastructure such as drains and others to make sure that we do not have to always grade, because when it rains the rains run over and create gullies and others on these roads. But if we have drains and others, it would stop them and then we would continue with further works to get them to the levels that my hon. Colleague is requesting.
Mr. Speaker 11 a.m.
One last bite.
Mr. Amenowode 11:10 a.m.
Mr. Speaker, thank you; my last question. When we come
Mr. Speaker 11:10 a.m.
Hon. Member, one
supplementary question at a time.
Mr. Amenowode 11:10 a.m.
All right. Mr.
Mr. Speaker 11:10 a.m.
Yes, carry on.
Mr. Amenowode 11:10 a.m.
I am pointing out
the contradiction. Also, the Wli-Hohoe road is not at all part of my Question. My question is on whether those roads are being engineered or they are already engineered.
Dr. Anane 11:10 a.m.
Mr. Speaker, yes, in
my Answer on the Logba Alakpeti-Tafi Atome road, I said the road is engineered. But Mr. Speaker, as time goes on, other studies are required in order to advise on required intervention. Mr. Speaker, as my hon. Colleague has himself noted, over the years, they kept scraping the road and that was not the best answer to the needs of that corridor, and therefore we had to do further studies.
So perhaps what I should have said was that further studies were done on these roads; they have been completed and these are what are advising us to install other road access to make the roads stand at least against the rains and other things that work against the roads to cause them to deteriorate. And with these studies we would be enabled to give the appropriate interventions which may eventually include the tarring which my hon. Colleague is requesting.
Roads in the Lower West Akim Constituency (Tarring)
Q. 371. Mr. S. K. Adu-Gyamfi (on
behalf of Mr. James Appietu-Ankrah) asked the Minister for Transportation when the tarring of the Osenase-Asuofori- Akanteng-Kobriso road in the Lower West Akim constituency would commence.
Dr. Anane 11:10 a.m.
Mr. Speaker, the Osenase-
Asuofori-Akanteng-Kobriso feeder road is 18 km long. The road is engineered and is located in the West Akim District. The road is in fair condition.
Current Programme
The Osenase-Asuofori-Akanteng- Kobriso feeder road together with others has been programmed for routine/recurrent maintenance this year. Bids have already been received and evaluation of bids is in progress. It is expected that the project will be awarded by end of July this year.
Future Programme
Further engineering studies will be carried out on the road next year to determine the type of interventions that will be required so that we would be enabled to take action with respect to the request made by my hon. Colleague.
Mr. Adu-Gyamfi 11:10 a.m.
Mr. Speaker, I
would like to know from the hon. Minister what interventions the Ministry would put in place before the programme starts.
Dr. Anane 11:10 a.m.
Mr. Speaker, the
interventions are as I have stated in my Answer; we are going to routinely maintain the roads. As I have said, bids have already been received and evaluation of the bids is in progress. And it is expected that this would be awarded
by the end of this month. Mr. Speaker, these are to ensure that the road is kept motorable and then we would continue with our studies to get the appropriate interventions for the road to be placed in the position that he requires.
Ga to Wechiau Road (Tarring)
Q. 372. Mr. Joseph Yieleh Chireh asked the Minister for Transportation when the Ga to Wechiau road would be tarred.
Dr. Anane 11:10 a.m.
Mr. Speaker, the Ga- Wechiau feeder road is engineered. The road is 22.6 km long and is located in the Wa District of the Upper West Region.
Current Programme
The Ga-Wechiau feeder road together with others has been programmed for routine/recurrent maintenance this year. Tenders have been received and bid evaluation is in progress. It is expected that the road will be awarded for routine and recurrent maintenance by the end of July this year.
Future Programme
The Ga-Wechiau feeder road has been programmed for surfacing from next year under GOG funding. Engineering studies have already been completed.
Mr. Chireh 11:10 a.m.
Mr. Speaker, I am grateful
to the hon. Minister that engineering studies have been done, but I want to find out whether before the surfacing, there would be a reconstruction of the road to widen it.
Dr. Anane 11:10 a.m.
Mr. Speaker, the Depart-
ment of Feeder Roads has its specifications which are not the same as the specifications
Dr. Anane 11:10 a.m.


of the Ghana Highway Authority. They are two different areas and two different actions. But Mr. Speaker, perhaps I would convey my hon. Colleague's request for consideration.
Mr. Chireh 11:10 a.m.
Mr. Speaker, I want to
find out from the hon. Minister that given the fact that this road leads directly to the Hippopotamus Sanctuary in Salugu in the district and which is a short-cut, would it not be appropriate for him to move it to Ghana Highway Authority so that the road is widened for us?
Dr. Anane 11:10 a.m.
Mr. Speaker, for the time-
being - Indeed, unfortunately we have had to sit down to reconsider all the corridors and realign them to the various agencies so this is a very late request. But as I have said, this is the second request by my hon. Colleague and we would want to sit down and think about it. But I cannot give him any assurance for the present.
Mr. Chireh 11:10 a.m.
Mr. Speaker, if you look
at the Answer he has given, he said it is programmed for surfacing from next year. I am not too comfortable with the words, “from next year”. If he can say that it will be done next year -- Is it not possible?
Dr. Anane 11:10 a.m.
Mr. Speaker, the assurance
that my hon. Colleague may have is that we have already completed the further engineering studies. But Mr. Speaker, why we said “from next year” -- It was to indicate that we cannot say that we are going to do all the 22 kilometres next year, that is why we said “from next year”; because in such cases we may have to phase the construction.
M r. S p e a k e r : M i n i s t e r f o r
Transportation, thank you very much for appearing to answer these Questions. You are discharged.
STATEMENTS 11:20 a.m.
Mr. E. K. D. Adjaho (NDC - Avenor/ Ave) 11:20 a.m.
When the day of toil is done,
When the race of life is run,
Father, grant Thy wearied one
Rest Forever more.
From the sunrise to the sunset we shall mourn him!!!
Mr. Speaker, I rise to pay tribute to the late His Excellency, Mr. A. A. Munufie, former Member of Parliament and Minister of State in the Second Republic, former Co-chairman of the National Democratic Congress and former Ghana's Ambassador to la Cote d'Ivoire.
His Excellency, Mr. Akumfi Ameyaw Munufie was born in December, 1929 and named Kwadwo Ofori Munufie. His grandfather was the Omanhene of the Techiman State at the time.
He was the first Techiman citizen to be awarded a state scholarship to study overseas, and this he did by studying taxation in the UK in 1950. He returned to Ghana in 1953 and worked for some time with the Income Tax Department in Kumasi.
At this time, he took an active interest in politics and together with the Techimanhene, Nana Akumfi Ameyaw III, led the agitation of the Brong Kyempim Movement, culminating in the famous Achimota Conference in 1955. One of the activists in this struggle was the late Dormaahene, Nana Agyeman Badu, and the outcome of their struggles was the creation of the Brong Ahafo Region in
1959.
I t was a t t h i s t ime t ha t t he Techimanhene bestowed his own stool title Ameyaw Akumfi on Mr. Munufie,

which subsequently became his name (A. A.) and replaced his name at birth, Kwadwo Ofori.

In 1957, Mr. A. A. Munufie left for the UK again, this time to study Law. He returned to Ghana in 1963 as a fully qualified lawyer and when the ban on party politics was lifted after the 1966 coup d'etat, he plunged into active party politics, throwing in his lot with Dr. K. A. Busia's Progress Party.

After the Party won the 1969 elections, Mr. Munufie was appointed Minister of Rural Development, the second person to hold the portfolio in that newly created Ministry. So effective was Mr. Munufie in the sector that his name became synonymous with rural development, and soon, anything connected with the rural sector or any behaviour typifying rural life was referred to as “Mununfie”, especially among students of tertiary institutions.

It was during Mr. Munufie's tenure as Minister of Rural Development that the philosophy of rural development through a regional decentralized approach and increased agricultural production approach was adopted. Under this, feeder roads were constructed, extension services were expanded, the use of fertilizers was increased, the quality of mechanization services to farmers was improved, agricultural credit was increased and co- operative organization services in the rural areas were strengthened.

In 1992, Mr. Munufie refused to join the Ghana Bar Association's boycott of the Consultative Assembly, arguing that the best way to end unconstitutional governance was to participate in the processes leading to its termination. He was therefore a very active member of the Consultative Assembly that gave birth to the present Constitution, even though the

Bar Association boycotted the Assembly.

When the ban on party politics was lifted again in 1992, Mr. Munufie was in the thick of things, this time throwing in his lot with Jerry John Rawlings and the NDC. At the Party Congress in 1992, he and Alhaji Issifu Ali were unanimously elected Co-chairman of the Party, and they successfully held these positions until they left office in 2002.

During this period, Mr. Munufie was appointed Ghana's Ambassador to la Cote d'Ivoire. The new sprawling edifice in Abidjan housing the Ghana Embassy today was his handiwork and one of the legacies he is leaving behind to posterity. Even in Abidjan, he was very active as a member of the Ministerial Advisory Board of the Ministry of Local Government and Rural Development and was very active in shaping the direction of the decentral- ization programme as we have it today.

Mr. Speaker, I got to know A. A. Munufie personally when I was posted to the Attorney-General's Department in the Brong Ahafo Region in the 1980s. Even though several years my senior at the Bar, he took personal interest in me. We would argue at court at opposite sides - I, prosecuting an accused person and he defending an accused.

As my senior, I would seek his legal opinion when I had difficulties, and he sending for me whenever he needed any information. He was at all material times a father and a friend.

Mr. Speaker, when he was at the Consultative Assembly I used to meet him at the residence of the late Justice A. A. Forster, then a Court of Appeal Judge who spent several years in the Brong Ahafo Region as a State Attorney.

Today, he is no more. The fountain of knowledge from which some of us drank
Mr. Osei Kyei-Mensah-Bonsu (NPP - Suame) 11:20 a.m.
Mr. Speaker, I also rise to associate myself with the sentiments expressed by my hon. Colleague, the Deputy Minority Leader, in respect of the home-calling of His Excellency, Ambassador A. A. Munufie, former Member of Parliament and Minister of State in the Second Republic, which was headed by Prof. Kofi Abrefa Busia.
Mr. Speaker, the man whose achievements we are eulogizing today was also a Co-chairman of the National Democratic Congress (NDC) under the headship of Fl. Lt. Jerry John Rawlings (retd). So Mr. Speaker, indeed, the man had roots in the two dominant parties in the country today. And in the event, he had the unique opportunity to have brokered peace and reconciliation between the two opposing parties.
Mr. Speaker, it is important to recognize
rose
Mr. Speaker 11:20 a.m.
Hon. Member for
Bongo, do you have any point of order to raise?
Mr. Abongo 11:20 a.m.
Yes, Mr. Speaker, I am rising on a point of order. The hon. Majority Chief Whip described the former President as a retired Flight Lieutenant. I thought that it would have been more appropriate to address him as a former President of this country - [Hear! Hear!]
Mr. Kyei-Mensah-Bonsu 11:30 a.m.
Mr.
Speaker, I thought that in the context it was an open acknowledgement. But indeed, he was a retired Flight Lieutenant and that does not mean that it derogates from his position that he served as the Head of State under the Provisional National Defence Council (PNDC) and the President of the Republic -- indeed, a two-term President. Mr. Speaker, I thought I had not said anything to derogate from that position.
Mr. Speaker, as I said, Mr. A. A. Munufie benefited from the Asanteman Scholarship Scheme and came back as a professional who contributed his lot to advance the course of the then young democracy that we had.
Mr. Speaker, it is also important to acknowledge that the first major attempt to holistically develop the rural area in Ghana was under the headship of Mr. A. A. Munufie.

My hon. Colleague talked about the construction of feeder roads, agricultural extension services which were expanded, the use of fertilizers, mechanization services to farmers, agricultural credits which were also introduced and co- operative organisations.

Mr. Speaker, it is important to acknowledge that the first major attempt at rural electrification was under the pioneership of A. A. Munufie. Mr. Speaker, and then again, introduction of community health services was also

pioneered by A. A. Munufie, which is why -- Of course it was under the aegis, the directorship of Professor K. A. Busia who was the Prime Minister at the time. Mr. Speaker, so as I said, that era, the Munufie era, represented the time when the first major attempt to holistically develop our rural areas was effected.

Mr. Speaker, it is taken for granted that the longer one stays at a Ministry the greater the chance of that person being associated with the success story of that Ministry. Mr. Munufie did not stay for any long time at the Ministry of Rural Development and yet he registered his mark at the Ministry, which is why my hon. Colleague flashes back and tells us that in those days anything associated with rural development was described as “Munufie”. Mr. Speaker, that marks the point that the man introduced a revolution in the development of our rural areas.

Mr. Speaker, the man had the opportunity to serve his country and he served his country very well in the circumstances that he found fit, and one could say at this time that God has called him, that we all should wish him a peaceful rest in the bosom of Abraham and ultimately in the bosom of God the Father.

I thank you, Mr. Speaker, for the opportunity to be associated once again with the Statement.
Mr. E. T. Mensah (NDC 11:30 a.m.
None

Prampram): Mr. Speaker, I rise to associate myself with the Statement on the floor ably presented by the Deputy Minority Leader.
Mr. Speaker, Apostle Paul said in Romans 14 11:30 a.m.
7-8 that:
“For none of us lives to himself alone and none of us dies to himself alone. If we live, we live for the Lord; if we die, we die for the Lord. So whether we live or die we are for the Lord.”
BILLS - FIRST READING 11:30 a.m.
Mr. Owusu-Adjapong 11:30 a.m.
Mr. Speaker,
I was wondering whether you would ask the Committee to look at the possibility
of considering it upon a certificate of urgency.
Mr. Speaker 11:30 a.m.
I would wish to direct
the Committee to determine whether this Bill ought to be passed upon a certificate of urgency.
Credit Reporting Bill
An ACT to provide a framework for credit bureaux to establish the condition for credit reporting and to provide for related matters.
Presented by the Minister for Finance and Economic Planning. Read the First time; referred to the Committee on Finance.
BILLS - SECOND READING 11:30 a.m.
Minister of State, Office of the President (Mr. K. Adjei-Darko) 11:40 a.m.
Mr. Speaker, I think this Bill before us is not a controversial one; and I pray that hon. Members will support it because we want to have credible examinations in Ghana so that our certificates will be recognized internationally.
Mr. Speaker, however, your Committee observed certain things and I hope they are included in the amendments; but I want to talk about one or two. When you look at the memorandum, clause 4 enumerates various types of leakages but one can clearly see that after an examination, a year or two or three years later, if an officer at the West African Examinations Council decides to alter the results of a candidate, that cannot constitute leakage. So the proper definition and realignment is necessary so that we take cognisance of this. Also, the change of photographs and identification and so on cannot constitute leakage as stated in clause 4.
Then, when you look at the penalties, whilst in the money aspect, attempts have been made to give the minimum fine and the maximum fine, when it comes to imprisonment for the same offence, the Bill only talks about the maximum sentence of imprisonment. So that if for
an offence, a judge decides that he will not go for the fine or he will not go for both but will go for imprisonment, then he has a leeway of coming to any minimum he decides. So there is the need to look at a minimum term of imprisonment; and I hope this House did it when we were dealing with the Whistleblower Bill.
Mr. Speaker, with these few remarks, I want to support the motion which is on the floor.
Mr. A. N. Tettey-Enyo (NDC - Ada) 11:40 a.m.
Mr. Speaker, I also rise to support the motion on the Bill before us this morning.
Mr. Speaker, as we can see from the purpose of the Bill, this is a very simple, understandable Bill that requires legislation to accept something which Ghana has already acceded to. We therefore, are not surprised that the amendments to the Bill itself, as your Committee has studied, are very few indeed. I therefore recommend to the House that this Bill be approved without any lengthy debate.
Mr. E. K. D. Adjaho (NDC - Avenor/ Ave) 11:40 a.m.
Mr. Speaker, I do not oppose the motion on the floor but I think there are certain issues that the memorandum to the Bill has raised together with the Committee's report which we ought to clarify to know exactly what we are doing here.
Mr. Speaker, if you look at the first paragraph of the memorandum attached to the Bill - it is stated there and the hon. Minister for Education, Science and Sports has just confirmed it, that it is to bring it in consonance with the revised West African Examinations Convention of 2004.
Mr. Speaker, if you look at paragraph 5.0 at page 2 of the Committee's Report, they referred to member countries of the West African Examinations Council
Mr. E. K. D. Adjaho (NDC - Avenor/ Ave) 11:50 a.m.
ratifying a revised Convention in March 2003. Mr. Speaker, if the Convention itself as in the Bill, is 2004, then there cannot be ratification before the Convention in 2003 and clearly we have to clarify this position.
The Committee Report is saying something else and the memorandum attached to the Bill is also saying something else. Mr. Speaker, not only that, whenever there is any Convention, by virtue of article 75 of the Constitution, it has to be brought to Parliament to be ratified.
Mr. Speaker, if you look at the Bill currently before us, it is not only a simple matter of bringing it in consonance with the convention that they are talking about - it also tries to revise penalties in the existing legislation.

Mr. Speaker, I want to find out whether we are talking about 2002 or we are talking about 2004, because the two cannot go together. You cannot have a convention in 2004, as it appears in the memorandum and then we are told that it was ratified in March 2003. One of the two must be misleading. The two cannot be true.

Mr. Speaker, secondly, we want to find out whether the House has ratified the Convention in line with article 75 of the Constitution. I cannot recollect but I stand to be corrected, but when did this House, as a House, ratify that Convention that we are talking about in line with article 75 of the Constitution?

Mr. Speaker, if these hurdles are cleared, I believe that this is a Bill that ought to be supported by both sides of the House. But I think that there is a problem there. I do not know when this Convention was ratified and I do not know why we are talking about 2003 in the Committee's

Report and we are talking about 2004 as the date of the Convention; there is a problem there.

Unless this problem is clarified by the Minister or by the Chairman of the appropriate Select Committee, this debate cannot continue because there is a constitutional injunction there that has to be cleared first before we continue the debate. The purpose of this Bill should be supported by everybody, but there is a constitutional issue which should be clarified.
Minister for Education, Science and Sports (Papa Owusu-Ankomah) 11:50 a.m.
Mr. Speaker, there is no single way of making a convention have the force of law in a country. This Bill by clause 1, seeks to let the Convention have the force of law in this country and that is legally and constitutionally permissible. So assuming, without admitting that there had been no ratification, we as a House, by enacting this Bill into law domesticate the Convention for purposes of the laws of this country. And as regards the year - [Interruptions.]
Mr. Ayariga 11:50 a.m.
On a point of order. Mr. Speaker, with all due respect, the hon. Minister who I have so much respect for, not only in this House but also at the Bar, is clearly misleading this House. The procedure is straightforward; you sign and accede to treatise. You ratify them by coming to this House. So to say that there is no one way of doing it and that there are several ways of doing it, is quite far-fetched. Indeed, if there are mistakes in the writing of the report, we may be told so but to seek to justify this mistake is clearly unacceptable.
Papa Owusu-Ankomah 11:50 a.m.
Mr. Speaker, I will refer to article 75(2) that the hon. Deputy Minority Leader and Member for Avenor/Ave referred to - and with your
Mr. Adjaho 11:50 a.m.
Mr. Speaker, I believe that our title right is there that we can use an Act of Parliament as another mechanism. What we are doing here is different from the submission he is making. We have had an opportunity to adopt the method that he is referring to and we did it in the West African Gas Pipeline Bill. It is virtually the Convention that is turned into an Act of Parliament.
Mr. Speaker, if one reads your Committee's report, they have not even referred to that Convention as one of their source documents. I stand to argue that they might not even have seen it. They only stated that they had background information from WAEC. Mr. Speaker, if you are converting a convention into an Act of Parliament, that convention must be brought to this House. Let us even know whether that convention they are talking about is consistent with even the Act before us.
And Mr. Speaker, I made a submission that that Convention did not talk about penalties that we are putting here, for example. So we just want to do the proper thing. This is a Bill that we have to support. We know there are examination leakages, and we want our certificates to
get international recognition, but let us do the proper thing at this time.
Where one is using the Act of Parliament as a mechanism, then it is the whole Convention that brings the legislation into force; and we did that with the West African Gas Pipeline. What he is doing is there. We have not even seen the Convention that they are talking about; we do not even know whether the Convention is consistent with the Bill before us.
Mr. Speaker, how can this honourable House be sure of what they are doing when they have not seen the Convention that they are referring to? And I am not surprised that your Committee was talking about 2003 and then the Minister is talking about the year 2004.
Mr. Speaker 11:50 a.m.
Deputy Minority Leader, kindly advert your attention to paragraph 6 (1), page 2 of the Committee's Report. Is it helpful?
Mr. Adjaho 11:50 a.m.
Mr. Speaker, when the State decides to use an Act of Parliament - [Interruption.]
Mr. Speaker 11:50 a.m.
I want to find out whether it is helpful or not.
Mr. Adjaho 11:50 a.m.
It is not completely helpful because we have not seen the Convention for us to know - [Interruptions.] No - where is the Convention?
Papa Owusu-Ankomah 11:50 a.m.
What is happening in this House? [Interruption.]
Mr. Speaker 11:50 a.m.
Please, wait until I call on you.
Papa Owusu-Ankomah 11:50 a.m.
Mr. Speaker, this is a point of order.
Mr. Speaker 11:50 a.m.
Minister for Education - [Interruption.]
Mr. Adjaho 11:50 a.m.
Mr. Speaker, it is helpful, as I said, to some extent. The schedule is helpful to the extent that the penalties that we are having in the Bill are different; they are not consistent with the one that is in the Bill. That is the point I am making. That is the extent to which it is useful. I say so because the penalties are different.
Mr. Speaker 11:50 a.m.
All right. Majority Leader?
Majority Leader (Mr. Owusu- Adjapong) 11:50 a.m.
Mr. Speaker, I think we are on the Second Reading of the Bill and therefore if my hon. Colleague the Deputy Minority Leader has some suggestions to make, I am sure we can look at them at the Consideration Stage. And he himself said that the purpose of the Bill is good for which reason, it means that he can bring his amendments during the Consideration Stage.
Papa Owusu-Ankomah 11:50 a.m.
Mr. Speaker, I believe - [Interruption.]
Mr. Speaker 11:50 a.m.
I have not called on you yet.
Papa Owusu-Ankomah 11:50 a.m.
Mr. Speaker, you called me; I was contributing when the hon. Deputy Minority Leader intervened.
Mr. Speaker 11:50 a.m.
Hon. Minister for Education, Science and Sports, I did not say I was not going to call on you; I said I have not called you yet. [Pause.] Minister for Education,Science and Sports.
Papa Owusu-Ankomah noon
Mr. Speaker, I just sought to remind the House that I had the floor until the hon. Deputy Minority Leader rose to - [Interruption.]
Mr. Speaker noon
I have called you.
Papa Owusu-Ankomah noon
Thank you very much, Mr. Speaker. Mr. Speaker, so as I was saying, there is nothing wrong either constitutionally or by virtue of our Standing Orders with the procedure that is being adopted. And Mr. Speaker, if you look at the Long Title -- and I hope all hon. Members have copies of the Bill, particularly the hon. Deputy Minority Leader -- it says - and, Mr. Speaker, with your permission I quote:
“An Act to apply the revised convention of the West African Examinations Council to this country and to provide for related matters.”
Everything contained in the Bill is related to the West African Examinations Council Revised Convention and if the hon. Deputy Minority Leader would take time and read the Schedule attached to the Bill which is a copy of the Convention, he would appreciate that the position that I am advocating is the correct position.
Mr. Adjaho noon
Mr. Speaker, in line with article 106, you use the Committee's Report, you use the memoranda attached to the Bill itself to make your submission. Mr. Speaker, the point we want clarified is, is the Convention 2003 or 2004? Mr. Speaker, your own Committee is saying that it is ratified. They used the word “ratified” and I refer you to paragraph 5 of the Report, and that they ratified it, in 2003, yet the hon. Minister is saying 2004.
Mr. Speaker, we have to clarify this position for us to be sure exactly of what we are doing. He said we ratified it; so now we are not using the method of ratification but we are using an Act of Parliament. But they are saying in that paragraph there that we ratified it in 2003, yet he is talking about 2004.
Mr. Speaker noon
Let me get the point
Papa Owusu-Ankomah noon
Mr. Speaker, I am not too sure about that position but what I am saying is that even if there has been no ratification, what we are doing now is in line with the Constitution. That is the point I am making. If there is a mistake in the report of the Committee, that is another matter, but what we are doing now is the Second Reading of the Bill where we consider the principles of the Bill. So whether there was ratification in 2001, 2002 or no ratification, that does not detract from the correctness and appropriateness of this Bill. Mr. Speaker, I can always - [Interruption.]
rose
Mr. Speaker noon
Do you want to raise a point of order?
Mr. Ayariga noon
Mr. Speaker, I am at a loss as to why we are engaged in this long drawn battle. Mr. Speaker, your Committee has indicated in paragraph 5.0, that in March 2003, member countries of the West African Examinations Council ratified a revised Convention. Mr. Speaker, the point is that we did not ratify the Convention. The process that we are going through is the process of ratifying the Convention. So if there is a mistake in the report, let us admit it and concede that there is a mistake in the report and proceed.
Mr. Speaker noon
Chairman of the Committee, is there any mistake here?
Mr. S. K. B. Manu noon
Mr. Speaker, at the moment, I cannot give a definite answer to the question; and I have a reason for that, if you would only listen. I am not too sure whether the ratification is done by the Council or not. In the first place, if you read where the sentence -- and if
you understand the sentence -- you would see that it is saying that in March 2003, member countries of the West African Examinations Council ratified a revised Convention.
Article 14 of the revised Convention, that Convention they ratified, enjoins member countries to incorporate the Convention into their respective local laws. So my understanding, when we talk about West African Examinations Council, is that they have certain terminologies and their own processes of ratifying their Conventions.
Mr. Speaker noon
Hon. Members, at this stage, I think this matter must be deferred for further consideration. We have to defer it and it is so deferred.
Mr. Manu noon
Mr. Speaker, I accept that we may have to consult the West African Examinations Council for further details on how to go about their -- [Interruption.]
Mr. Speaker noon
Item 9 on the Order Paper.
Papa Owusu-Ankomah noon
Mr. Speaker, probably I may assist. Mr. Speaker, if you look at page 2, it says in March 2003, member countries of the West African Examinations Council ratified a Revised Convention. Member countries represented on the Council, and they ratified it; and that is what this is saying. This is not saying that Parliament has ratified it, the member countries on the Council ratified.
Mr. Speaker noon
What I am suggesting is that let us defer it, you can still have your consultations and come back. Item 9 - Motion, hon. [Minister for Education, Science and Sports].
[Debate continued at column 2607].
BILLS - THIRD READING noon
Mr. Speaker noon
Petroleum Agreement amongst the Ghana National Petroleum Corporation, Tullow (Ghana) and Sabre Oil and Gas Limited
Mr. Osei Kyei-Mensah-Bonsu noon
Mr. Speaker, the Committee on Mines and Energy is still meeting on this very matter and so we may stand it down for the time being. We want to attain some consensus on it before we come to argue it.
Mr. Speaker noon
We move on then to item 12 - Whistleblower Bill at the Consideration Stage.
BILLS - CONSIDERATION STAGE 12:10 p.m.
  • [Resumption of Consideration from 12/7/2006]
    • Mr. Osei Kyei-Mensah-Bonsu 12:10 p.m.
    Mr. Speaker, I beg to move, clause 32, Interpretation, add the following:
    ‘“economic crime' means an act which involves the mismanagement or misappropriation of public funds or causes the loss of such Funds to a Community or a State.”
    ‘“person' includes an individual, a body of persons, an institution and/ or a corporation”.
    ‘“re l ig ious body' means an association, a body or organization which professes adherence to a belief in a system of faith or worship
    or which is established in pursuance of a religious objective”.
    ‘“reward' means a sum of money payable from the Fund to a person who makes a disclosure or undertakes an investigation in accordance with this Act.”
    Mr. Kojo Armah 12:10 p.m.
    Mr. Speaker, the Committee has looked at the amendment. We do not in principle have anything against the amendment except that we were a little confused and we were asking for clarification as to why “a community or a State”, thinking that the community is part of the State and whatever offence is against the community is also against the State.
    The other one is about the rather loose definition of “religious body”. These are the two things that we want the House to look at. Subject to the final decision, we are all right with the definitions that he has added. So if the hon. Chief Whip will give a little more explanation as to the community or a State, whether we can drop “the community” and just take “the State” or why the two should be there and “religious body” as defined.
    Mr. Speaker 12:10 p.m.
    Yes, Chief Whip, I thought I had given you more than sufficient time to put your heads together to resolve this matter.
    Mr. Kyei-Mensah-Bonsu 12:10 p.m.
    Mr. Speaker, we found it relevant to isolate “the community” from “the State” because of certain specific developments. Mr. Speaker, in the particular case of the payment of royalties, monies which accrue to stool lands may belong to specific settlements and these are paid; the heads of such communities often misappropriate such royalties, fees and so on which are paid to the community. Mr. Speaker, that is why we made the distinction and I think that it should find a place in the reasoning

    of the acting Chairman of the Committee.
    Mr. Ayariga 12:10 p.m.
    Mr. Speaker, I think with this explanation, I am in a position to support the amendment that is being proposed. Indeed, increasingly, we must find ways and means of holding some of the non-state institutions usually expressed in communities such as traditional authorities and sometimes even religious establishments that operate more or less in the form of communities and which raise and manage enormous resources and yet have not met the highest standard of accountability that is expected of them.
    So to have a definition that tries to capture these communities, I think, is very innovative and worth supporting except that I wish to move for a further amendment. With your indulgence, I do not think that it should be “funds to a community or a state”. I think it should be “the state”. [An hon. Member: It has been corrected.] All right. Mr. Speaker, on that basis, I support the amendment.
    Papa Owusu-Ankomah 12:10 p.m.
    Mr. Speaker, I have just been informed that the draftsperson is redrafting these provisions. So if debate on these matters could be deferred till next Tuesday it will be helpful to all of us.
    Mr. Speaker 12:10 p.m.
    Minister for Education, Science and Sports, save your breath.
    Papa Owusu-Ankomah 12:10 p.m.
    Thank you very much, Mr. Speaker.
    Mr. Speaker 12:10 p.m.
    We go back to item 10.
    MOTIONS 12:10 p.m.
    Mrs. Kusi 12:10 p.m.
    Mr. Speaker, the motion
    was moved and the report presented; we are supposed to continue with the debate.
    Mr. Speaker 12:10 p.m.
    Deputy Minister for Energy, if you want to wind up, you may wind up.
    Deputy Minister for Energy (Mr. K. T. Hammond): Mr. Speaker, as you would well recall, there were matters arising and you kindly stood the matter down for further considerations. We went out there, the whole Committee met, we discussed the matters that arose and I am happy to inform the House that the issues were resolved amicably.
    Mr. Speaker, I take this opportunity to express my gratitude to hon. Members who participated in the proceedings and the fact that we were able to clarify those matters which were deeply dripping down the path. Mr. Speaker, I would accor- dingly invite the House to wholeheartedly support this motion. In the fullness of time I assure this House that we are going to get some oil from that particular area and we are all going to start laughing all the way to the petrol filling stations.
    Question put and motion agreed to:
    That this honourable House adopts the Report of the Committee on Mines and Energy on the Petroleum
    Agreement amongst the Ghana National Petroleum Corporation, Tullow (Ghana) Limited and Sabre Oil and Gas Limited in respect of Shallow Water Tano Contract Area.
    RESOLUTION 12:10 p.m.
    Mr. K. T. Hammond 12:10 p.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 268 (1) of the Constitution, any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of the Constitution is made subject to ratification by Parliament;
    IN PURSUANCE of the said article 268(1) of the Constitution, the Government of Ghana has caused to be laid before Parliament through the Minister responsible for Mines the Petroleum Agreement amongst the Ghana National Petroleum Corporation, Tullow (Ghana) Limited and Sabre Oil and Gas Limited in respect of Shallow Water Tano Contract Area.
    N O W T H E R E F O R E , t h i s honourable House in accordance with the said article 268 (1) of the Constitution hereby resolve to ratify the said Petroleum Agreement amongst the Ghana National Petroleum Corporation, Tullow
    (Ghana) Limited and Sabre Oil and Gas Limited in respect of Shallow Water Tano Contract Area.
    Mrs. Kusi 12:10 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Speaker 12:20 p.m.
    Can we now go back to item 7? Leadership, have you resolved the problem with item 7, the West African Examinations Council Bill?
    BILLS -- SECOND READING 12:20 p.m.
    Mr. Adjaho 12:20 p.m.
    Mr. Speaker, after speaking to officials of the West African Examinations Council (WAEC), my understanding is that it is the Committee that misled the House. I think what happened was that the Council gave approval to the Convention in 2003 and submitted it to the Government and the Heads of State in 2004. So in actual fact, the Convention should be 2004. What they did was only at the Council level in 2003 and there was no ratification as we understood under article 75. Therefore, I think it is the Committee's Report that is misleading.
    Mr. Speaker 12:20 p.m.
    So can I safely put the Question now?
    Mr. Adjaho 12:20 p.m.
    Mr. Speaker, after that clarification we can proceed with it.
    Mr. Mahama Ayariga 12:20 p.m.
    Mr. Speaker, are we now proceeding with contributions towards the motion?
    Mr. Speaker 12:20 p.m.
    If you want to contribute let me give you the opportunity. I thought we have finished with the contributions but if you want to --
    Mr. Mahama Ayariga (NDC - Bawku Central) 12:20 p.m.
    Thank you very much, Mr. Speaker. Mr. Speaker, I think that I have had some experience in dealing with the West African Examinations Council. It was about an action involving suspected examination malpractice and in that particular instance I remember very well that the Council chose to annul the results of some students and we went to court.
    Indeed, they argued that because they were established under an international treaty they were not subject to the domestic jurisdiction of Ghana. It was an argument that was not sustained in court because the court ruled against that argument.
    But let us in supporting this Bill be very mindful of the fact that the relationship between students and the West African Examinations Council is a very imbalanced relationship in which students are generally at the mercy of the West African Examinations Council. Because of this we must not vest the Council with too much powers without corresponding responsibilities in relation to the students to observe the requirements of due process in taking decisions about the fate of students that they suspect to be involved in examination malpractices.
    There is the tendency for us to be carried away by our zeal in trying to stem the increasing tide of leakages in examination questions. But we must be very careful not to create a legal framework that in my opinion puts students at the total mercy of the West African Examinations Council.
    I am simply cautioning that the penalty provisions and the procedures for ascertaining whether or not in any particular instance there has been an examination malpractice must be carefully looked at during the Consideration Stage so that we do not create an establishment or an organization that has draconian
    powers, or that has excessive powers which can be used arbitrarily against students and sometimes destroy the life of so many innocent students.
    So inasmuch as I support the motion and urge my hon. Colleagues that we swiftly pass this legislation, we must be mindful of the power imbalance between students and the West African Examinations Council and ensure that we put in place adequate safeguards so that those powers are not arbitrarily used.
    Mr. Speaker 12:20 p.m.
    Minister for Education, Science and Sports, you may wish to wind up.
    Papa Owusu-Ankomah 12:20 p.m.
    Mr. Speaker, I wish to thank hon. Members for the contributions that they have made. Some of the comments have enabled the House get some clarification in respect of some aspects of the Report. I therefore urge hon. Colleagues to vote in favour of the motion.
    Question put and motion agreed to.
    The West African Examinations Council Bill was accordingly read a Second time.
    Mr. Speaker 12:20 p.m.
    Leadership, at this stage any indication?
    M r. O w u s u - A d j a p o n g : M r. Speaker, I believe that a number of our hon. Colleagues may have to travel outside Accra today for very important assignments. So I think that having taken those matters through the various stages today it is the right time for us to adjourn. I therefore move that this House do now adjourn till next Tuesday, 25th July, 2006 at 10 o'clock in the morning.
    Mr. E. K. D. Adjaho 12:20 p.m.
    Mr. Speaker, I beg to second the motion for adjournment.
    Question put and motion agreed to.
    ADJOURNMENT 12:20 p.m.