Debates of 21 Nov 2006

MR. SPEAKER MR. SPEAKER
PRAYERS 10 a.m.

CORRECTION OF VOTES 10 a.m.

AND PROCEEDINGS AND 10 a.m.

CORRECTION OF VOTES 10 a.m.

AND PROCEEDINGS AND 10 a.m.

THE OFFICIAL REPORT 10 a.m.

THE OFFICIAL REPORT 10 a.m.

Mr. Speaker 10 a.m.
Order! Order! Correction of Votes and Proceedings Friday. 17th November, 2006. Pages 1…9.
Mrs Agnes A. Chigabatia 10 a.m.
Mr. Speaker, I was absent with permission but they said “absent without permission.”
Mr. Speaker 10 a.m.
Order! Order! Correction of Votes and Proceedings - Friday, 17th November, 2006. Pages 1…9.
Mr. Speaker 10 a.m.
Which page is that?
Mrs. Agnes A. Chigabatia 10 a.m.
Mr. Speaker, I was absent with permission but they said “absent without permission”.
Mr. Speaker 10 a.m.
Which page is that?
Mrs. Chigabatia 10 a.m.
That is page 6. Sorry to bring you back. My name appeared on page 7. … “Hon Members were absent…” Meanwhile, I took permission from my leader before going so it should be “absent with permission.” Thank you.
Mrs. Chigabatia 10 a.m.
That is page 6. Sorry to bring you back. My name appeared on page 7. “. . . Hon Members were absent . . . ” Meanwhile, I took permission from my leader before going so it should be “absent with permission”. Thank you.
Mr. Speaker 10 a.m.
Page 9…14. Hon. Members, we have the Official Report for Tuesday, 14th November, 2006.

Item 3. Questions. Is the Minister for Health in the House.?
Majority Leader (Mr. Felix K. Owusu-Adjapong) 10 a.m.
Mr. Speaker, the Minister has asked that we crave your indulgence to allow the Deputy Minister who is also a Member of Parliament to respond to these Questions on his behalf as he is also outside Accra.
Mr. Speaker 10 a.m.
Pages 9…14. Hon. Members, we have the Official Report for Tuesday, 14th November, 2006.

Item 3 -- Questions. Is the Minister for Health in the House?
ORAL ANSWERS TO QUESTIONS 10 a.m.

Majority Leader (Mr. Felix K. Owusu-Adjapong) 10 a.m.
Mr. Speaker, the Minister has asked that we crave your indulgence to allow the Deputy Minister who is also a Member of Parliament to respond to these Questions on his behalf as he is outside Accra.
ORAL ANSWERS TO QUESTIONS 10 a.m.

MINISTRY OF HEALTH 10 a.m.

MINISTRY OF HEALTH 10 a.m.

Minister for Health) 10 a.m.
Mr. Speaker, the Allied Health Professions Bill is currently in its draft stage. There is a stakeholders' meeting scheduled for this week to discuss the final draft. This will be presented to Cabinet and upon Cabinet's approval, will be presented to Parliament.
Mr. Tawiah 10 a.m.
Mr. Speaker, with your kind permission, I would like to know from your hon. Deputy Minister when the exact date and where the said meeting with the stakeholders, will take place.
Minister for Health) 10 a.m.
Mr. Speaker, the Allied Health Professions Bill is currently in its draft stage. There is a stakeholders' meeting scheduled for this week to discuss the final draft. This will be presented to Cabinet and upon Cabinet's approval, will be presented to Parliament.
Mr. Tawiah 10 a.m.
Mr. Speaker, with your kind permission, I would like to know from your hon. Deputy Minister the exact date and where the said meeting with the stakeholders will take place.
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker, the meeting is scheduled to start from today to the 23rd and it is scheduled to take place in Accra here. There is another one going to be held at Sogakope at this weekend.
Mr. Tawiah 10 a.m.
Mr. Speaker, who are the stakeholders and are all of them aware? I got in touch with one of them today and the person said he was not aware.
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker, the meeting is scheduled to start from today to the 23rd and it is scheduled to take place in Accra here. There is another one going to be held at Sogakope this weekend.
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker, I am not very sure which stakeholder he contacted in connection with this particular stakeholders meeting. I will have to find out what exactly happened. If he can later give me the name of the stakeholder who is not aware of this meeting and probably we can inform him; I will take the necessary action.
Mr. Tawiah 10 a.m.
Mr. Speaker, who are the stakeholders and are all of them aware? I got in touch with one of them today and the person said he was not aware.
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker, I am not very sure which stakeholder he contacted in connection with this particular stakeholders' meeting. I will have to find out what exactly happened. If he can later give me the name of the stakeholder who is not aware of this meeting and probably we can inform him; I will take the necessary action.
Mr. Tawiah 10 a.m.
Mr. Speaker, it is the
Secretary-General of the National Biomedical Laboratory Scientists Association. Were they contacted?
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker, we have a list of stakeholders and this particular National Biomedical Laboratory Scientists Association, I am not very sure of it. I will have to find out who did the distribution; I am sure the letter might have been with his outfit.
Mr. Tawiah 10 a.m.
Mr. Speaker, it is the
Secretary-General of the National Biomedical Laboratory Scientists Association. Were they contacted?
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker, we have a list of stakeholders and this particular National Biomedical Laboratory Scientists Association, I am not very sure of it. I will have to find out who did the distribution; I am sure the letter might have been with his outfit.
Mr. Tawiah 10 a.m.
Mr. Speaker, please, I would like to know the venue where the meeting will take place in Accra.
Mr. Tawiah 10 a.m.
Mr. Speaker, please, I would like to know the venue where the meeting will take place in Accra.
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker so far as I am aware, we have been holding most of our meetings at either the Trade Fair site, at the Ministry itself or at the Miklin Hotel. I will have to find out and let the hon. Member know in the course of the day or within the next few minutes.
Mr. Owusu-Agyei 10 a.m.
Mr. Speaker, so far as I am aware, we have been holding most of our meetings at either the Trade Fair site, at the Ministry itself or at the Miklin Hotel. I will have to find out and let the hon. Member know in the course of the day or within the next few minutes.
Mr. G. K. B. Gbediame 10:10 a.m.
Mr. Speaker, may we know from the hon. Deputy Minister who the stakeholders are in this exercise he is talking about.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, when we talk about allied health professions, they include the following, so I expect that the leaders of all these professions are included -- Medical Laboratory Science, Psychotherapy Medical Radiation Technology, Nutrition Therapy, Bio- therapy, Dental Health, Occupational Therapy, Speech Therapy, Prosthetic and Orthodics. These are all stakeholders, including all other medical professions.
Fomena Health Facility (Upgrading)
Q. 566. Mr. Isaac Asiamah (on behalf of Mr. Akwasi Afrifa) asked the Minister for Health what steps the Ministry was taking to ensure that the health facility at

Fomena, the capital of the newly-created Adansi North District, was upgraded to a hospital to befit its status.
Mr. G. K. B. Gbediame 10:10 a.m.
Mr. Speaker, may we know from the hon. Deputy Minister who the stakeholders are in this exercise he is talking about.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, when we talk about allied health professions, they include the following, so I expect that the leaders of all these professions are included -- Medical Laboratory Science, Psychotherapy, Medical Radiation Technology, Nutrition Therapy, Bio- therapy, Dental Health, Occupational Therapy, Speech Therapy, Prosthetic and Orthodics. These are all stakeholders, including all other medical professions.
Fomena Health Facility (Upgrading)
Q. 566. Mr. Isaac K. Asiamah (on behalf of Mr. Akwasi Afrifa) asked the Minister for Health what steps the Ministry was taking to ensure that the

health facility at Fomena, the capital of the newly-created Adansi North District, was upgraded to a hospital to befit its status.
Mr. Owusu-Agyei 10:10 a.m.
The Ministry of Health intends upgrading the health facility at Fomena in the very near future when it is able to secure the needed funding. It is envisaged that the upgrading of the facility will assist in the practical training of students at the Community Nurses' Training School at Fomena.
The Ministry has, however, decided as a matter of policy to use the available resources in the 2007 Investment Budget to complete on-going health sector capital projects that have stalled for sometime now in view of inadequate funding.
Distance learning for Medical Assistants
Q. 568. Mr. Isaac Asiamah (on behalf of Mr. Akwasi Afrifa) asked the Minister for Health whether the Ministry would consider it expedient to provide further training through distance learning to Medical Assistants with ten years and above post-training experience to qualify as medical doctors to abate the shortage of medical doctors in the country.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, the Ministry of Health intends upgrading the health facility at Fomena in the very near future when it is able to secure the needed funding. It is envisaged that the upgrading of the facility will assist in the practical training of students at the Community Nurses' Training School at Fomena.
The Ministry has, however, decided as a matter of policy to use the available resources in the 2007 Investment Budget to complete ongoing health sector capital projects that have stalled for sometime now in view of inadequate funding.
Distance Learning for Medical Assistants
Q. 568. Mr. Isaac K. Asiamah (on behalf of Mr. Akwasi Afrifa) asked the Minister for Health whether the Ministry would consider it expedient to provide further training through distance learning to Medical Assistants with ten years and above post-training experience to qualify as medical doctors to abate the shortage of medical doctors in the country.
Mr. Owusu-Agyei 10:10 a.m.
TAhe Ministry is very much aware of the shortage of doctors and has several plans to curb this phenomenon. However, the option of training Medical Assistants with ten years post-training through the distance learning is not one of the options being considered.
Currently, the Ministry has started the direct Medical Assistant Training Programme for four years and their intake will be increased with time. This will obviously increase their numbers to help mitigate the impact of the shortage of doctors in the country.
Mr. Owusu-Agyei 10:10 a.m.
The Ministry is very much aware of the shortage of doctors and has several plans to curb this phenomenon. However, the option of training Medical Assistants with ten years post-training through the distance learning is not one of the options being considered.
Currently, the Ministry has started the direct Medical Assistant Training Programme for four years and their intake will be increased with time. This will obviously increase their numbers to help mitigate the impact of the shortage of doctors in the country.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, ordinarily, I would have said when funds are available but I have just to add that when he makes funds available for that project -- [Laughter.]
The upgrading of the Old Tafo Hospital in Kumasi has already started, and is being done in phases owing to inadequate funding. The current phase of the upgrading involves the construction of a maternity unit, which is nearing com-pletion. Other essential units such as a theatre unit, diagnostic services unit, et cetera will be considered in the next phase of the hospital's upgrading when the Ministry secures the needed funding.
Dr. Akoto-Osei 10:10 a.m.
Mr. Speaker, could the hon. Deputy Minister for Health tell us when the Tafo clinic was upgraded to a hospital, and also tell us, since it was upgraded from a clinic to a hospital, how many other hospitals in the entire country have been upgraded -- [Interruption.]
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, ordinarily, I would have said when funds are available but I have just to add that when he makes funds available for that project -- [Laughter.]
The upgrading of the Old Tafo Hospital in Kumasi has already started, and is being done in phases owing to inadequate funding. The current phase of the upgrading involves the construction of a maternity unit, which is nearing com-pletion. Other essential units such as a theatre unit, diagnostic services unit, et cetera, will be considered in the next phase of the hospital's upgrading when the Ministry secures the needed funding.
Mr. Speaker 10:10 a.m.
Hon. Member for Old Tafo, one question at a time, please.
Dr. Osei 10:10 a.m.
Mr. Speaker, could the hon. Deputy Minister for Health tell us when the Tafo clinic was upgraded to a hospital, and also tell us, since it was upgraded from a clinic to a hospital, how many other hospitals in the entire country have been upgraded -- [Interruption.]
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, I hope that my hon. Colleague should have access to some of these answers because we have been sending reports to the Ministry of Finance and Economic Planning regarding performance of our investment budget. Immediately, I cannot indicate how many health facilities have been upgraded throughout the country. But I know that for Tafo some work has been going on for some time now and I can

find out the details and let him know later.
Mr. Speaker 10:10 a.m.
Hon. Member for Old Tafo, one question at a time, please.
Dr. Akoto Osei 10:10 a.m.
Mr. Speaker, could the hon. Deputy Minister of Health, tell this House how many beds are in the old Tafo Hospital as of today -- [Laughter.] It is a follow up.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, I hope that my hon. Colleague should have access to some of these answers because we have been sending reports to the Ministry of Finance and Economic Planning regarding performance of our investment budget. Immediately, I cannot indicate how many health facilities have been upgraded throughout the country. But I know that for Tafo some work has been going on for some time

now and I can find out the details and let him know later.
Mr. Speaker 10:10 a.m.
Order!
Dr. Osei 10:10 a.m.
Mr. Speaker, could the hon. Deputy Minister for Health, tell this House how many beds are in the Old Tafo Hospital as of today -- [Laughter.] It is a follow up.
Mr. Speaker 10:10 a.m.
Order!
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, I do not think that the last time that I visited the Old Tafo Hospital — I have been there — it was not possible for me to count the number of beds. So the next time I go there, I will make the effort to count the beds and then let him know.
Dr. Akoto Osei 10:10 a.m.
Mr. Speaker, my Colleagues will be wondering why I am asking these questions. Mr. Speaker, I am informed on authority that the Tafo Hospital caters for more patients, aside the Korle Bu Teaching Hospital and 37 the Military Hospital. Mr. Speaker, but since it was upgraded way back in the 1990s, it still has the facilities of a clinic though it is called a hospital. Mr. Speaker, in my earlier question, I was expecting the Deputy Minister to give us a little history of this particular facility, because of its importance in the delivery of health services in this country.
Mr. Speaker, we are grateful to the Ministry for recently making available an ambulance. But Mr. Speaker, anybody that visits the hospital will know that -- [Interruption.] I am coming to the question.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, I do not think that the last time that I visited the Old Tafo Hospital — I have been there — it was not possible for me to count the number of beds. So the next time I go there, I will make the effort to count the beds and then let him know.
Dr. Osei 10:10 a.m.
Mr. Speaker, my Colleagues will be wondering why I am asking these questions. Mr. Speaker, I am informed on authority that the Old Tafo Hospital caters for more patients, aside the Korle Bu Teaching Hospital and the 37 Military Hospital. Mr. Speaker, but since it was upgraded way back in the 1990s, it still has the facilities of a clinic though it is called a hospital. Mr. Speaker, in my earlier question, I was expecting the Deputy Minister to give us a little history of this particular facility, because of its importance in the delivery of health services in this country.
Mr. Speaker, we are grateful to the Ministry for recently making available an ambulance. But Mr. Speaker, anybody that visits the hospital will know that -- [Interruption] -- I am coming to the question.
Mr. Speaker 10:10 a.m.
Hon. Member, do you have other questions to ask?
Dr. Akoto Osei 10:10 a.m.
Mr. Speaker, if I can just land.
Mr. Speaker 10:10 a.m.
Hon. Member, do you have other questions to ask?
Mr. Speaker 10:10 a.m.
A question?
Dr. Osei 10:10 a.m.
Mr. Speaker, if I can just land.
Dr. Akoto-Osei 10:10 a.m.
Mr. Speaker, the question is this, I think that the Ministry
may want to come back again to give us a more detailed explanation of the plans they are talking about. The information we have been given as at now does not adequately represent the answers that we are looking for.
Mr. Speaker 10:10 a.m.
A question?
Dr. Osei 10:10 a.m.
Mr. Speaker, the question is this: I think that the Ministry may want
to come back again to give us a more detailed explanation of the plans they are talking about. The information we have been given as at now does not adequately represent the answers that we are looking for.
Mr. Speaker 10:10 a.m.
Hon. Member for Old Tafo, the responsibility is yours, you have to ask specific questions.
Alhaji M. M. Mubarak 10:10 a.m.
Mr. Speaker, the Tafo Hospital is one hospital that is very important to the people of Kumasi, considering its catchment area. On the current phase of upgrading, Mr. Speaker, in the Minister's Answer he said, and, with your permission I quote:-
“The current state of the upgrading involves the construction of a maternity unit, which is nearing completion.”
Mr. Speaker, may I ask the Minister, when this particular phase will end.
Mr. Speaker 10:10 a.m.
Hon. Member for Old Tafo, the responsibility is yours; you have to ask specific questions.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, very unfortunately, it is not possible for me to know it right here. I will get the information from my Regional Director or the Investment Unit. That was not part of the Question and that was why I did not obtain that information. But I can get that information for him as soon as possible.
Alhaji M. M. Mubarak 10:10 a.m.
Mr. Speaker, the Old Tafo Hospital is one hospital that is very important to the people of Kumasi, considering its catchment area. On the current phase of upgrading, Mr. Speaker, in the Minister's Answer he said, and with your permission I quote:
“The current phase of the upgrading involves the construction of a maternity unit, which is nearing completion.”
Mr. Speaker, may I ask the Minister, when this particular phase will end.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, very unfortunately, it is not possible for me to know it right here. I will get the information from my Regional Director or the Investment Unit. That was not part of the Question and that was why I did not obtain that information. But I can get that information for him as soon as possible.
Alhaji Mubarak 10:10 a.m.
Mr. Speaker, from the Minister's Answer, he says: “The current phase of the upgrading involves the construction of a maternity unit, which is nearing completion.” May I ask the Minister what the percentage of completion is.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, unfortunately, I do not have the details with me right here. I can get the details for him later, depending on what exactly

he wants. Even if I make mention of the percentage of completion he would still want to know what structures are in place, what exactly has been done. If I told him 80 per cent completed, he would ask what exactly 80 per cent completion means. He wants to know what exactly are the specifics and I can get the Investment Unit to get those for me and I will make them available.
Alhaji Mubarak 10:10 a.m.
Mr. Speaker, from the Minister's Answer, he says: “The current phase of the upgrading involves the construction of a maternity unit, which is nearing completion.” May I ask the Minister what the percentage of completion is.
Mr. E. T. Mensah 10:20 a.m.
Mr. Speaker, in the hon. Deputy Minister's Answer. he indicated that the work which is being done in phases has stalled owing to inadequate funding. And in his last paragraph, he said that when the Ministry secures the needed funding work will reesume. May I know the effort that his Ministry is making to secure the needed funding.
Mr. Owusu-Agyei 10:10 a.m.
Mr. Speaker, unfortunately, I do not have the details with me right here. I can get the details for him later, depending on what exactly

he wants. Even if I make mention of the percentage of completion he would still want to know what structures are in place, what exactly has been done. If I told him 80 per cent completed, he would ask what exactly 80 per cent completion means. He wants to know what exactly are the specifics and I can get the Investment Unit to get those for me and I will make them available.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, this particular project has been included in the 2007 Budget; some funding will be provided in the Budget to continue upgrading that particular project.
Mr. E. T. Mensah 10:20 a.m.
Mr. Speaker, in the hon. Deputy Minister's Answer, he indicated that the work which is being done in phases has stalled owing to inadequate funding. And in his last paragraph, he said that when the Ministry secures the needed funding work will resume. May I know the effort that his Ministry is making to secure the needed funding.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, this particular project has been included in the 2007 Budget; some funding will be provided in the Budget to continue upgrading that particular project.
Mr. E. T. Mensah 10:20 a.m.
Mr. Speaker, the hon. Deputy Minister was for a long time, Director of budget and he knows what happens when items are put in budgets. It does not mean once they are put in the budget it is coming, unless you are sure of the source. So I am asking what effort is the Ministry making to ensure that you just do not show it in the mainstream of the Budget but to secure the needed funds to complete the job, which is almost completed?
Mr. E. T. Mensah 10:20 a.m.
Mr. Speaker, the hon. Deputy Minister was for a long time, Director of Budget and he knows what happens when items are put in budgets. It does not mean once they are put in the budget it is coming, unless you are sure of the source. So I am asking what effort is the Ministry making to ensure that you just do not show it in the mainstream of the Budget but to secure the needed funds to complete the job, which is almost completed?
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, my
hon. Colleague was making reference to the past; and he is right anyway. The Ghana Government is funding this particular project; it is not a foreign-
funded project. So the situation is that it is only when funds are provided and allocated in the budget specifically for this project or for a project that it is funded. If it is a foreign-funded project, then you talk about the turn key for instance, where provision is made completely for the entire project and construction does not stall at all. But this particular project happens to be a Ghana Government project so it goes on depending on the availability of funding.
So the prioritization of this particular project should be done by the Ministry. We are saying that this is a priority project so there must be adequate provision made to upgrade it. This is exactly what I am saying.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, my
hon. Colleague was making reference to the past; and he is right anyway. The Ghana Government is funding this particular project; it is not a foreign-
funded project. So the situation is that it is only when funds are provided and allocated in the budget specifically for this project or for a project that it is funded.
If it is a foreign-funded project, then you talk about the turnkey for instance, where provision is made completely for the entire project and construction does not stall at all. But this particular project happens to be a Ghana Government project so it goes on depending on the availability of funding. So the prioritization of this particular project should be done by the Ministry. We are saying that this is a priority project so there must be adequate provision made to upgrade it. This is exactly what I am saying.
Mr. George Kuntu-Blankson 10:20 a.m.
Mr. Speaker, I would like to know from the hon. Minister taking into consideration the alarming picture being painted by hon. Dr. Akoto Osei with regard to the situation in Tafo Government Hospital whether it would not be prudent to use part of the $30 million dollars that we are using in constructing it to alleviate the sufferings of the ordinary man in Tafo. [Laughter]--
Mr. Speaker 10:20 a.m.
Hon. Member for Mfanstiman East, the question is out of order.
Mr. George Kuntu-Blankson 10:20 a.m.
Mr. Speaker, I would like to know from the hon. Minister, taking into consideration the alarming picture being painted by hon. Dr. Akoto Osei with regard to the situation in Tafo Government Hospital, whether it would not be prudent to use part of the $30 million that we are using in constructing it to alleviate the sufferings of the ordinary man in Tafo. [Laughter.]
Mr. C. S. Hodogbey 10:20 a.m.
Mr. Speaker, in the Answer by the hon. Minister he said that the upgrading has been split into phases. How many phases has it been split into? What is the current phase now? It phase 1 or phase 2, phase 3, so that the hon. Member for Tafo would be able to know that at least they are at the last but one phase or whatever?
Mr. Speaker 10:20 a.m.
Hon. Member for Mfanstiman East, the question is out of order.
Mr. C. S. Hodogbey 10:20 a.m.
Mr. Speaker, in the Answer by the hon. Minister, he said that the upgrading has been split into phases. How many phases has it been split into? What is the current phase now? Is it phase 1, phase 2 or phase 3, so that the hon. Member for Old Tafo would be able to know that at least they are at the last but one phase or whatever?
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, the upgrading of any project can be done only in phases. It is only when you have the funding available for the complete upgrading that you may not necessarily have to even do it in phases. But even
there where you have the entire funding available there is the need to start from somewhere. You cannot start all the phases at the same time; that is why normally every project is done in phases. If there is the need to upgrade the project you do not have to start all the phases at the same time.
The advantage in doing projects in phases is that it is better you complete one block and put it to use than to start several projects at the same time and within a certain time frame, you never complete any of them to put to use. That is the reason why it is better to do every project in phases. But with regard to his specific question, as to which phase we are at the moment, unfortunately I did not have that as part of this Question so I cannot give him that answer. But I can find out and let him know exactly which phase we are in, and when all the phases are going to be completed.
Staff of Dangme East District Hospital (Payment)
Q. 606. Mr. Alex Narh Teatteh-Enyo asked the Minister for Health when the Ministry would start paying the supporting staff who have been working for two years without pay at the Dangme East District Hospital.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, the upgrading of any project can be done only in phases. It is only when you have the funding available for the complete upgrading that you may not necessarily have to even do it in phases. But even
there where you have the entire funding available, there is the need to start from somewhere. You cannot start all the phases at the same time; that is why normally every project is done in phases. If there is the need to upgrade the project you do not have to start all the phases at the same time.
The advantage in doing projects in phases is that it is better you complete one block and put it to use than to start several projects at the same time and within a certain time frame, you never complete any of them to put to use. That is the reason why it is better to do every project in phases.
But with regard to his specific question, as to which phase we are at the moment, unfortunately I did not have that as part of this Question so I cannot give him that answer. But I can find out and let him know exactly which phase we are in, and when all the phases are going to be completed.
Staff of Dangme East District Hospital (Payment)
Q. 606. Mr. Alex Narh Tettey-Enyo asked the Minister for Health when the Ministry would start paying the supporting staff who have been working for two years without pay at the Dangme East District Hospital.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, the supporting staff who were engaged as casuals at the Dangme East District Hospital to address the acute staffing problem at the facility have since been absorbed. The delay in getting their names on the Ministry's pay role was due the delay in getting approval for their engagement from the Ministry of Finance and Economic Planning. The affected staff have all been absorbed into the health sector more than three months now and indeed are being paid their salaries. I hope that if my hon. Colleague would visit his
constituency and this facility, he would realize that they have all been absorbed and they are being paid.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, the supporting staff who were engaged as casuals at the Dangme East District Hospital to address the acute staffing problem at the facility have since been absorbed. The delay in getting their names on the Ministry's payroll was due to the delay in getting approval for their engagement from the Ministry of Finance and Economic Planning. The affected staff have all been absorbed into the health sector more than three months now and indeed are being paid their salaries. I hope that if my hon. Colleague would visit his
constituency and this facility, he would realize that they have all been absorbed and they are being paid.
Mr. Tettey-Enyo 10:20 a.m.
Mr. Speaker, the hon. Member of Parliament for Ada is almost always in the constituency. Mr. Speaker, this Question has been in the ‘bank' for more than a year that is why the Answer to the Question appears so sweet and pleasant. The situation on the ground is different. A lot of the workers have still not been paid. I would like to know from the hon. Deputy Minister when the rest of the workers would be paid.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, the information I have now is that the staff who were recruited because of acute shortage of staff at the time have been absorbed now, and they are being paid. If probably the facility went off its mandate and recruited other staff without permission, that may be a different problem altogether. But so far as those who were recruited and have been made known to the Ministry, the Ghana Health Service, and their names have been forwarded to the Ministry of Finance and Economic Planning, approval has been granted and they are being paid currently.
Mr. Tettey-Enyo 10:20 a.m.
Mr. Speaker, the hon. Member of Parliament for Ada is almost always in the constituency. Mr. Speaker, this Question has been in the ‘bank' for more than a year, that is why the Answer to the Question appears so sweet and pleasant. The situation on the ground is different. A lot of the workers have still not been paid. I would like to know from the hon. Deputy Minister when the rest of the workers would be paid.
Mr. Tettey-Enyo 10:20 a.m.
Mr. Speaker, I want to know why, from the hon. Deputy Minister's reply, we had so much delay in getting approval for the engagement of the staff when indeed the Ministry itself wanted to make the district hospital functional and invited His Excellency the President to commission it.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, the information I have now is that the staff who were recruited because of acute shortage of staff at the time have been absorbed now, and they are being paid. If probably the facility went off its mandate and recruited other staff without permission, that may be a different problem altogether. But so far as those who were recruited and have been made known to the Ministry, the Ghana Health Service, and their names have been forwarded to the Ministry of Finance and Economic Planning, approval has been granted and they are being paid currently.
Mr. Tettey-Enyo 10:20 a.m.
Mr. Speaker, I want to know why, from the hon. Deputy Minister's reply, we had so much delay in getting approval for the engagement of the staff when indeed the Ministry itself wanted to make the district hospital functional and invited His Excellency the President to commission it.
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, I think there is a procedure for recruiting staff for any organization, either Ministry, department or agency. You do not just have to go out there and engage without
Mr. Owusu-Agyei 10:20 a.m.
Mr. Speaker, I think there is a procedure for recruiting staff for any organization, either a Ministry, department or agency. You do not just have to go out there and engage
Mr. Tettey-Enyo 10:30 a.m.
Mr. Speaker, are the workers being paid, including the arrears due them?
Mr. Owusu-Adjei 10:30 a.m.
I suppose he is referring to workers in the health sector. If he is referring to the arrears for the health workers, yes; we agreed on a modality for payment, in three tranches, and they are being paid.
Mr. Tettey-Enyo 10:30 a.m.
Mr. Speaker, are the workers being paid, including the arrears due them?
Mr. Tettey-Enyo 10:30 a.m.
Mr. Speaker, the hon. Deputy Minister says in his Answer that they have started paying the workers, and I am asking whether the workers are now being paid as well as the arrears of salaries due them.
Mr. Owusu-Agyei 10:30 a.m.
I suppose he is referring to workers in the health sector. If he is referring to the arrears for the health workers, yes; we agreed on a modality for payment, in three tranches, and they are being paid.
Mr. Tettey-Enyo 10:30 a.m.
Mr. Speaker, the hon. Deputy Minister says in his Answer that they have started paying the workers, and I am asking whether the workers are now being paid as well as the arrears of salaries due them.
Mr. Owusu-Adjei 10:30 a.m.
Mr. Speaker, I think he is referring to the specific workers who have now been engaged formally by the Ghana Health Service. It will depend on when their engagement started. It is not a matter of just engaging them anyhow without approval and going on to pay them arrears. It depends on when the engagement started. There have been several cases where the health facilities themselves engage casual workers and they on their own, make every effort to make some payments through their internally-generated funds (IGF).
So if a formal approval has been given by the Ministry of Finance and Economic Planning, depending on which effective date, the arrears will be paid.
Mr. Owusu-Agyei 10:30 a.m.
Mr. Speaker, I think he is referring to the specific workers who have now been engaged formally by the Ghana Health Service. It will depend on when their engagement started. It is not a matter of just engaging them anyhow without approval and going on to pay them arrears. It depends on when the engagement started. There have been several cases where the health facilities themselves engage casual workers and they on their own, make every effort to make some payments through their internally-generated funds (IGF).
So if a formal approval has been given by the Ministry of Finance and Economic Planning, depending on which effective date, the arrears will be paid.
Mr. Abayateye 10:30 a.m.
Mr. Speaker, I would like to quote from the hon. Deputy Minister's Answer --
“The affected staff have all been absorbed into the health sector more than three months now and indeed are being paid their salaries.”
My question is, have they been paid their salaries in arrears?
Mr. Owusu-Adjei 10:30 a.m.
Mr. Speaker, what I said specifically is that there must be an effective date for engagement. So depending on the effective date of the engagement, the arrears would be paid. But as I said, there are certain instances where facilities, on their own go ahead and engage casual workers and they are able to pay them from internally-generated funds. So the effective date for engagement will be stated in their letters of appointment and any arrears where due will be paid.
Mr. Abayateye 10:30 a.m.
Mr. Speaker, I would like to quote from the hon. Deputy Minister's Answer --
“The affected staff have all been absorbed into the health sector more than three months now and indeed are being paid their salaries.”
My question is, have they been paid their salaries in arrears?
Mr. Owusu-Agyei 10:30 a.m.
Mr. Speaker, what I said specifically is that there must be an effective date for engagement. So depending on the effective date of the engagement, the arrears would be paid. But as I said, there are certain instances where facilities, on their own go ahead and engage casual workers and they are able to pay them from internally-generated funds. So the effective date for engagement will be stated in their letters of appointment and any arrears where due will be paid.
Mr. E. T. Mensah 10:30 a.m.
Mr. Speaker, in an answer to one of the supplementary questions, the Deputy Minister took us through the process of engagement. I want to know whether when the Ministry
awards a contract for hospitals to be built and they are built and are to be commissioned, they take into consi- deration the fact that human beings will have to work in the hospitals to make them functional; and why we do not plan for the payment of these people. Why do we not do something about the bureaucracy? I want to know; because we need people to work there and it has been happening all along; that was what he said. Bureaucracy is the problem in all Ministries. What, in the hon. Deputy Minister's opinion, has to be done, based on his experience in the Ministry to deal with this issue, so that before an edifice is opened, the people who would be working there would have all been programmed to be paid?
Mr. E. T. Mensah 10:30 a.m.
Mr. Speaker, in an answer to one of the supplementary questions, the Deputy Minister took us through the process of engagement. I
want to know whether when the Ministry awards a contract for hospitals to be built and they are built and are to be commissioned, they take into consi- deration the fact that human beings will have to work in the hospitals to make them functional; and why we do not plan for the payment of these people. Why do we not do something about the bureaucracy?
I want to know; because we need people to work there and it has been happening all along; that was what he said. Bureaucracy is the problem in all Ministries. What, in the hon. Deputy Minister's opinion, has to be done, based on his experience in the Ministry to deal with this issue, so that before an edifice is opened, the people who would be working there would have all been programmed to be paid?
Mr. Speaker 10:30 a.m.
Deputy Chief Whip, you are asking the hon. Minister of his own opinion; that is not in order.
Mr. E. T. Mensah 10:30 a.m.
Mr. Speaker, I am asking him to address the question of this lack of payment for people who have been engaged and they just move around for several months without being paid.
Mr. Speaker 10:30 a.m.
Deputy Minority Whip, you are asking the hon. Minister of his own opinion; that is not in order.
Mr. E. T. Mensah 10:30 a.m.
Mr. Speaker, I am asking him to address the question of this lack of payment for people who have been engaged and they just move around for several months without being paid.
Mr. Speaker 10:30 a.m.
I will advice you to come properly.
Mr. Speaker 10:30 a.m.
I will advice you to come properly.
Mr. Twumasi-Appiah 10:30 a.m.
Mr. Speaker, in the hon. Deputy Minister's Answer, he indicated that the affected workers will be paid from internally- generated funds. Mr. Speaker, with the introduction of the National Health Insurance Scheme, I want the hon. Minister to tell this House how these funds are going to be generated.
Mr. Twumasi-Appiah 10:30 a.m.
Mr. Speaker, in the hon. Deputy Minister's Answer, he indicated that the affected workers will be paid from internally- generated funds. Mr. Speaker, with the introduction of the National Health Insurance Scheme, I want the hon. Minister to tell this House how these funds are going to be generated.
Mr. Owusu-Adjei 10:30 a.m.
Mr. Speaker, I made mention that there are facilities which employ casual workers to take care of the work load in the facility. He is asking how, with the introduction of the National Health Insurance Scheme, these workers will be paid. Yes, the facilities are even now generating more funds because of the claims. Whatever they offer in terms
of treatment, they send their bills to the scheme office and they are paid.
So I would rather inform him that the Ghana Health Service facilities are getting even more revenue than they used to get, because there are now more patients and the patients are being catered for through the payment of bills which are submitted to the scheme's offices within the district.
Mr. Owusu-Agyei 10:30 a.m.
Mr. Speaker, I made mention that there are facilities which employ casual workers to take care of the work load in the facility. He is asking how, with the introduction of the National Health Insurance Scheme, these workers will be paid. Yes, the facilities are even now generating more funds because
of the claims. Whatever they offer in terms of treatment, they send their bills to the scheme's office and they are paid.
So I would rather inform him that the Ghana Health Service facilities are getting even more revenue than they used to get, because there are now more patients and the patients are being catered for through the payment of bills which are submitted to the scheme's offices within the district.
Mr. Speaker 10:30 a.m.
Deputy Minister for Health, thank you very much for appearing to answer these Questions. You are discharged.
Mr. Speaker 10:30 a.m.
Deputy Minister for Health, thank you very much for appearing to answer these Questions. You are discharged.
STATEMENTS 10:30 a.m.

Mr. Hennric David Yeboah (NPP -- Afigya Sekyere East) 10:40 a.m.
Mr. Speaker, I thank you for the opportunity to make this Statement which highlights the spate of indiscipline that has bedeviled our road transportation system and other general acts of indiscipline that have characterised our society.
In recent times, the couhnt5ry has experienced a number of road accidents that have claimed the precious lives of our citizens. I do not intend to go into any details here as we are all aware of what is happening and my Colleague, the hon. Member for Oforikrom (Hon. Dr. Elizabeth Agyemang) provided this House with vivid examples some days ago.
Mr. Speaker, several factors have been assigned as contributing to this state of affairs, which include the poor nature of our roads, drunkenness on the part of drivers, overloading of vehicles, over speeding, incompetence of drivers, poor state of imported second hand vehicles and poor maintenance of such vehicles among others.
Mr. Speaker, these factors come in
handy when none speaks about road accidents in the country. However, Mr. Speaker, there are some other contributory factors which seem to be eluding our concern. Some drivers deliberately refuse to stop when the traffic lights shows red. These drivers speed unnecessarily as a way of beating the lights. Mr. Speaker, this offence might not seem very serious but the consequences thereof are often most bizarre.

Some other drivers have scant regard for pedestrians and do not slow down or stop to allow pedestrians to cross at zebra crossings. Mr. Speaker many pedestrians have been knocked down because of such indiscipline.

Yet some other drivers elect to drive at the shoulders of the road when traffic 8is not moving at the rate they expect. On almost daily basis, these motorist run down unsuspecting pedestrians, bicycle or motor cycle riders and hawkers eking 9out and living by the roadside.

Objects are flung out of moving vehicles. This poses risk not only to people standing at the road side but also to both on coming as well as following vehicles. This act in particular has become a routine and it is carried out with such reckless abandon as if it is anybody's business.

Mr. Speaker, given the high level of incidence, I wish to recommend the establishment of road traffic courts at both the regional and district levels. Mr. Speaker, for a start, at least, three (3) of such courts should be established in each region. These courts will have the responsibility to try all cases involving traffic offences only.

The areas of jurisdiction of these courts should be properly defined. In my opinion, this will reduce the number of traffic offences cases pending before our courts

and also ensure quick and prompt disposal of traffic cases.

May I further propose that police officers of certain ranks at the various MTTUs should be empowered to impose on the spot fines not exceeding a certain fixed sum to offending drivers and passengers. This will ensure that only major traffic offences will get to the law courts. Whenever on the spot fines are imposed, the police officer shall have the vehicle impounded and the license of the driver taken from him until the fine had been paid into a designated bank account and a receipt obtained. The said vehicle shall only be released upon showing the receipt to the police officer. Pursuant to this, the MTTU's should be adequately resourced.

This enterprise is self sustaining and it is important to device a scheme to recoup the cost of providing resources to get the project started. A practical app4oach would be to give the Police MTTU personnel a monthly quota of tickets, say 50, with the face value ranging between say, ¢500,000 issuable to offending drivers depending on the gravity of the offence and the frequency of occurrence. Amounts collected are lodged in a designated bank account on daily basis and receipted.

The potential from this endeavour is profound and beyond what is needed to be ploughed back to further improve the system. Excess amounts collected could be channeled into improving the road system.

Mr. Speaker the proposed on-the-spot fines should also be extended and made applicable to people who defecate and/or urinate, or throw refuse at unauthorized places.

Mr. Speaker, it is my considered
STATEMENTS 10:30 a.m.

Mr. Hennric David Yeboah (NPP -- Afigya Sekyere East) 10:40 a.m.
Mr. Speaker, I thank you for the opportunity to make this Statement which highlights the spate of indiscipline that has bedevilled our road transportation system and other general acts of indiscipline that have characterised our society.
In recent times, the country has experienced a number of road accidents that have claimed the precious lives of our citizens. I do not intend to go into any details here as we are all aware of what is happening and my Colleague, the hon. Member for Oforikrom (hon. Dr. Elizabeth Agyemang) provided this House with vivid examples some days ago.
Mr. Speaker, several factors have been assigned as contributing to this state of affairs, which include the poor nature of our roads, drunkenness on the part of drivers, overloading of vehicles, over- speeding, incompetence of drivers, poor state of imported second-hand vehicles and poor maintenance of such vehicles among others.
Mr. Speaker, these factors come in handy when one speaks about road accidents in the country. However, Mr. Speaker, there are some other contri- butory factors which seem to be eluding our concern. Some drivers deliberately refuse to stop when the traffic light shows red. These drivers speed unnecessarily as a way of beating the light. Mr. Speaker, this offence might not seem very serious but the consequences thereof are often most bizarre.

Some other drivers have scant regard for pedestrians and do not slow down or stop to allow pedestrians to cross at zebra crossings. Mr. Speaker, many pedestrians have been knocked down because of such indiscipline.

Yet some other drivers elect to drive at the shoulders of the road when traffic is not moving at the rate they expect. On almost daily basis, these motorists run down unsuspecting pedestrians, bicycle or motorcycle riders and hawkers eking out a living by the roadside.

Objects are flung out of moving vehicles. This poses risk not only to people standing at the road side but also to both oncoming as well as following vehicles. This act in particular has become a routine and it is carried out with such reckless abandon as if it is anybody's business.

Mr. Speaker, given the high level of incidence, I wish to recommend the establishment of road traffic courts at both the regional and district levels.

Mr. Speaker, for a start, at least, three (3) of such courts should be established in each region. These courts will have the responsibility to try all cases involving traffic offences only.

The areas of jurisdiction of these courts should be properly defined. In my opinion, this will reduce the number of traffic offence cases pending before our courts

and also ensure quick and prompt disposal of traffic cases.

May I further propose that police officers of certain ranks at the various MTTUs should be empowered to impose on-the-spot fines not exceeding a certain fixed sum on offending drivers and passengers. This will ensure that only major traffic offences will get to the law courts.

Whenever on-the-spot fines are imposed, the police officer shall have the vehicle impounded and the licence of the driver taken from him until the fine had been paid into a designated bank account and a receipt obtained. The said vehicle shall only be released upon showing the receipt to the police officer. Pursuant to this, the MTTUs should be adequately resourced.

This enterprise is self-sustaining and it is important to device a scheme to recoup the cost of providing resources to get the project started. A practical approach would be to give the Police MTTU personnel a monthly quota of tickets, say 50, with the face value ranging between say, ¢50,000 and ¢500,000 issuable to offending drivers depending on the gravity of the offence and the frequency of occurrence. Amounts collected are lodged in a designated bank account on daily basis and receipted.

The potential from this endeavour is profound and beyond what is needed to be ploughed back to further improve the system. Excess amounts collected could be channelled into improving the road system.

Mr. Speaker, the proposed on-the-spot fines should also be extended and made applicable to people who defecate and/or urinate, or throw refuse at unauthorized places.
Mr. Edward Kojo Salia (NDC -- Jirapa) 10:40 a.m.
Mr. Speaker, I want to associate myself with the Statement so ably made by my hon. Colleague on the other side of the House.
Mr. Speaker, the matter of road accidents has been brought to this House several times over. I believe that whether we accept it or not, the situation is improving in this country. But let us admit that even one death as a result of a car accident is an unnecessary loss to the people of this country.
However, it must be accepted that accidents are inevitable. It is just that we must do everything to minimise them.
Mr. Speaker, I want to focus on only one aspect of the causes of accidents these days. We can all see the volume of traffic on our roads these days. A couple of years ago, there were restrictions on the importation of used vehicles. It was this distinguished House, on the introduction of legislation by the current Government that decided that there should be a liberalization of the importation of over- aged vehicles. The result is that, the car population has increased tremendously
and the quality, the average age of vehicles on our roads, has also gone up.
Indeed, it might be argued that an old car from Germany or the Netherlands is probably better maintained than an equally old car in Ghana. But the point is lost that if we were to agree to restrict the number of over-aged vehicles coming into this country, the average age of cars will come down; other people's old vehicles will not come to join those we brought in here which were relatively new. It is largely because of these over-aged vehicles that the spate of accidents continues to rise; most of them, when they touch the ground, because of the fact that they are already rusted, just shatter.
And in accidents that could have not have led to the loss of lives now result in the loss of lives.
I think it is important for the Government to take a second look at that policy. I suspect that it was done largely because of income generation. But we should look at the trade-off between the loss of lives and the incremental revenue that is generated as a result of the liberalization of the importation of these vehicles. I believe that the time has come for us to take a more critical look at this issue.
What has worsened the situation is that indeed, used spare parts now seem to dominate the spare parts market too. So you have over-aged vehicles, you have used or secondhand vehicle spare parts and all those -- the two together -- even compound the problem. I believe that the time has come for us to take a second look at the liberalization of some of these spare-parts. This is because it is not easy to legislate on the repair of vehicles. Normally, the roadworthiness
certificates that are issued are supposed to have been issued after the examination of these vehicles. But our experience is that, when people are looking for the roadworthiness certificate, they can even borrow parts from other peoples' vehicles -- tyres that are temporarily taken -- to go for the examination and after that they return them.
So unless we can also continue to have strict supervision or surveillance over vehicles that move and give the right to the police to pull in vehicles that are obviously not roadworthy, then leaving the inspection only to the Driver and Vehicle Licensing Authority (DVLA) will also not attenuate the situation we find ourselves in.
I hope that with this attention that has been drawn to the nature of safety on our roads, everybody will take a second look at what we can do as a Parliament, so that we can improve the situation and at least give everybody a chance to travel safely on our roads.
Thank you very much Mr. Speaker, for giving me this opportunity.
Mr. M. K. Jumah (NPP -- Asokwa) 10:50 a.m.
Mr. Speaker, I would like to associate myself with the Statement made by my hon. Colleague from Afigye-Sekyere East (Mr. H. D. Yeboah).
Mr. Speaker, I believe that one of the
reasons why we have so much indiscipline in our system is because a lot of our drivers feel that they can get away with infringement on the rules on the road. Mr. Speaker, the other reason is that there is a lot of ignorance on the part of our drivers. You would be surprised when you ask some of the drivers about some of the road signs and the kind of answers that they
Mr. Edward Kojo Salia (NDC -- Jirapa) 10:40 a.m.
Mr. Speaker, I want to associate myself with the Statement so ably made by my hon. Colleague on the other side of the House.
Mr. Speaker, the matter of road accidents has been brought to this House several times over. I believe that whether we accept it or not, the situation is improving in this country. But let us admit that even one death as a result of a car accident is an unnecessary loss to the people of this country.
However, it must be accepted that accidents are inevitable. It is just that we must do everything to minimise them.
Mr. Speaker, I want to focus on only one aspect of the causes of accidents these days. We can all see the volume of traffic on our roads these days. A couple of years ago, there were restrictions on the importation of used vehicles. It was this distinguished House, on the introduction of legislation by the current Government that decided that there should be a liberalization of the importation of over-
aged vehicles. The result is that, the car population has increased tremendously and the quality, the average age of vehicles on our roads, has also gone up.
Indeed, it might be argued that an old car from Germany or The Netherlands is probably better maintained than an equally old car in Ghana. But the point is lost that if we were to agree to restrict the number of over-aged vehicles coming into this country, the average age of cars will come down; other people's old vehicles will not come to join those we brought in here which were relatively new.
It is largely because of these over- aged vehicles that the spate of accidents continues to rise; most of them, when they touch the ground, because of the fact that they are already rusted, just shatter. And in accidents that could have not have led to the loss of lives now result in the loss of lives.
I think it is important for the Government to take a second look at that policy. I suspect that it was done largely because of income generation. But we should look at the trade-off between the loss of lives and the incremental revenue that is generated as a result of the liberalization of the importation of these vehicles. I believe that the time has come for us to take a more critical look at this issue.
What has worsened the situation is that indeed, used spare parts now seem to dominate the spare-parts market too. So you have over-aged vehicles, you have used or secondhand vehicle spare parts and all those -- the two together -- even compound the problem. I believe that the time has come for us to take a second look at the liberalization of some of these spare parts. This is because it is not easy to legislate on the repair of vehicles.
Normal ly, the roadwor th iness certificates that are issued are supposed to have been issued after the examination of these vehicles. But our experience is that, when people are looking for the roadworthiness certificate, they can even borrow parts from other people's vehicles -- tyres that are temporarily taken -- to go for the examination and after that they return them.
So unless we can also continue to have strict supervision or surveillance over vehicles that move and give the right to the police to pull in vehicles that are obviously not roadworthy, then leaving the inspection only to the Driver and Vehicle Licensing Authority (DVLA) will also not attenuate the situation we find ourselves in.
I hope that with this attention that has been drawn to the nature of safety on our roads, everybody will take a second look at what we can do as a Parliament, so that we can improve the situation and at least give everybody a chance to travel safely on our roads.
Thank you very much, Mr. Speaker, for giving me this opportunity.
Mr. M. K. Jumah (NPP -- Asokwa) 10:50 a.m.
Mr. Speaker, I would like to associate myself with the Statement made by my hon. Colleague from Afigya-Sekyere East (Mr. H. D. Yeboah).
Mr. Speaker, I believe that one of the
reasons why we have so much indiscipline in our system is because a lot of our drivers feel that they can get away with infringement on the rules on the road. Mr. Speaker, the other reason is that there is a lot of ignorance on the part of our drivers. You would be surprised when you ask some of the drivers about some of the road
Mr. Henry Ford Kamel (NDC -- Buem) 10:50 a.m.
Mr. Speaker, I think that this is a very important Statement, not only for this House, but I think that the whole nation must take the issues arising out of this state of affairs seriously.
Mr. Speaker, last week Saturday, I visited my constituency and between Afienya and Dornyormu, I saw a very bad accident. An urvan bus had skidded off the road apparently because one of its tyres had burst, because the tyres were completely worn-out.
Mr. Speaker, the accident was so fatal and terrible that I had to use my car to convey the injured and actually some of the dead to the Tema General Hospital. Mr. Speaker, what was pathetic was that, there was one particular lady who was to have written an examination yesterday, and she had one arm completely mutilated.
Mr. Speaker, I am trying to draw the attention of this House to this state of affair because day in, day out, human resource of this country is lost through accidents that could have been prevented. And in saying so, Mr. Speaker, I think that one of the problems that this House would have to look at is making sure that we hold those institutions that are supposed to enforce standards on the roads responsible.

Mr. Speaker, day in, day out, vehicles with worn-out tyres, vehicles with faulty breaking systems, rickety vehicles, are allowed to go on our roads with impunity. Like an hon. Member said earlier on, there are so many road blocks but yet these vehicles are allowed to pass and eventually accidents occur. So what is the purpose of having these checkpoints on the roads when these sad situations keep occurring? Then there is the human factor, in that most of our drivers make very careless mistakes arising out of serious negligence, and yet they are made to go scot-free.

Mr. Speaker, one other issue we have to look at seriously as a nation again, is the fact that most of our roads do not have adequate warning signs at certain points where they should be, so even drivers who drive defensively sometimes are taken by surprise because they are not notified of certain dangerous spots on our roads; and eventually this situation also leads to accidents.

I would therefore use this opportunity to maybe call on those institutions and structures that are to enforce and educate people on road safety to be well resourced and to be up and doing, as a way of curbing this dangerous phenomenon on our roads.
Mr. Henry Ford Kamel (NDC -- Buem) 10:50 a.m.
Mr. Speaker, I think that this is a very important Statement, not only for this House, but I think that the whole nation must take the issues arising out of this state of affairs seriously.
Mr. Speaker, last week Saturday, I visited my constituency and between Afienya and Doryumu, I saw a very bad accident. An urvan bus had skidded off the road apparently because one of its tyres had burst, because the tyres were completely worn-out.
Mr. Speaker, the accident was so fatal and terrible that I had to use my car to convey the injured and actually some of the dead to the Tema General Hospital. Mr. Speaker, what was pathetic was that, there was one particular lady who was to have written an examination yesterday, and she had one arm completely mutilated.
Mr. Speaker, I am trying to draw the attention of this House to this state of affair because day in, day out, human resource of this country is lost through accidents that could have been prevented. And in saying so, Mr. Speaker, I think that one of the problems that this House would have to look at is making sure that we hold those institutions that are supposed to enforce

standards on the roads responsible.

Mr. Speaker, day in, day out, vehicles with worn-out tyres, vehicles with faulty breaking systems, rickety vehicles, are allowed to go on our roads with impunity. Like an hon. Member said earlier on, there are so many road blocks but yet these vehicles are allowed to pass and eventually accidents occur. So what is the purpose of having these checkpoints on the roads when these sad situations keep occurring? Then there is the human factor, in that most of our drivers make very careless mistakes arising out of serious negligence, and yet they are made to go scot-free.

Mr. Speaker, one other issue we have to look at seriously as a nation again, is the fact that most of our roads do not have adequate warning signs at certain points where they should be, so even drivers who drive defensively sometimes are taken by surprise because they are not notified of certain dangerous spots on our roads; and eventually this situation also leads to accidents.

I would therefore use this opportunity to maybe call on those institutions and structures that are to enforce and educate people on road safety to be well resourced and to be up and doing, as a way of curbing this dangerous phenomenon on our roads.
Mr. Kofi Krah Mensah (NPP -- Amansie West) 10:50 a.m.
Mr. Speaker, I would like to contribute to the Statement on the floor.
Mr. Speaker, the irony is that the better the roads, the more accidents we seem to be having. I take a critical case on the Ahwia-Nkwanta-Kumasi road, since that road became one of the best roads in the country, hardly a day passes by without a fatal accident taking place. So we are concerned about drivers who are not only ignorant of the road signs but drive recklessly, carelessly, drunk

driving and so on, but also too many of them take no notice of these hazards or what is happening at all. When they get to the roundabouts, they refuse to stop for the other pedestrians let alone other road users.

There are too many Statements made on the floor of this House, I think it is time to take action; we should go beyond Statements and take appropriate action against drunk driving, reckless driving, and so on. We should also empower our policemen to be more active to enforce the law; they are perhaps more interested in taking bribes than enforcing the law. Any law, no matter how good it is, if it is not enforced is as useless as if it had not been passed. I am afraid this is the position I have taken.

So we should enforce the laws, we should empower the police to enforce the laws, we should establish a good system of checking drunk-driving and reckless driving, and so on.

Thank you, Mr. Speaker, for the opportunity to contribute to the Statement.
Alhaji. M. M. Mubarak (NDC -- Asawase) 11 a.m.
Thank you very much, Mr. Speaker, for the opportunity to associate myself with the Statement on the floor.
Mr. Speaker, some of my hon. Colleagues have earlier on mentioned so many things that need to be taken very seriously. Mr. Speaker, I would like to restrict myself to three very important things: First, the training of drivers; second, the road signs; and third. the setting up of special courts.

Mr. Speaker, we take close to eight years to train a medical doctor but on a surgical bed when he makes a mistake we lose one life. Any time a driver makes a mistake on the road we lose at least four
Mr. Kofi Krah Mensah (NPP -- Amansie West) 10:50 a.m.
Mr. Speaker, I would like to contribute to the Statement on the floor.
Mr. Speaker, the irony is that the better the roads, the more accidents we seem to be having. A critical case is the Anhwia-Nkwanta-Kumasi road; since that road became one of the best roads in the country, hardly a day passes by without a fatal accident taking place. So we are concerned about drivers who are not only ignorant of the road signs

but drive recklessly, carelessly, drunk- driving and so on, but also too many of them take no notice of these hazards or what is happening at all. When they get to the roundabouts, they refuse to stop for pedestrians let alone other road users.

There are too many Statements made on the floor of this House, and I think it is time to take action; we should go beyond Statements and take appropriate action against drunk-driving, reckless driving, and so on. We should also empower our policemen to be more active to enforce the law; they are perhaps more interested in taking bribes than enforcing the law. Any law, no matter how good it is, if it is not enforced, is as useless as if it had not been passed. I am afraid this is the position I have taken.

So we should enforce the laws, we should empower the police to enforce the laws, we should establish a good system of checking drunk-driving and reckless driving, and so on.

Thank you, Mr. Speaker, for the opportunity to contribute to the Statement.
Alhaji. M. M. Mubarak (NDC -- Asawase) 11 a.m.
Thank you very much, Mr. Speaker, for the opportunity to associate myself with the Statement on the floor.
Mr. Speaker, some of my hon. Colleagues have earlier on mentioned so many things that need to be taken very seriously. Mr. Speaker, I would like to restrict myself to three very important things: First, the training of drivers; second, the road signs; and third, the setting up of special courts.

Mr. Speaker, we take close to eight years to train a medical doctor but on a surgical bed when he makes a mistake we lose one life. Any time a driver makes a
Mr. Benito Owusu-Bio (NPP -- Atwima-Nwabiagya) 11 a.m.
Mr. Speaker, thank you for allowing me to contribute
to the Statement on the floor.
Mr. Speaker, I just want to add my voice to this Statement by just buttressing the point which was just elaborated by my hon. Colleague Member for Asawase.
Mr. Speaker, this is about over-speeding within towns and on our highways. Mr. Speaker, this particular phenomenon is growing so much so that on the average within Atwima-Nwabiagya a child or a pedestrian is knocked down daily. Mr. Speaker, there are road signs there which display the speed limit; that drivers are not supposed to go over 50 kilometers per hour but this is not adhered to. Now, if you should even make an attempt to call or ask for speed ramps to be created on these roads you are told that the roads are highways and as such they cannot create speed ramps in there.
Mr. Speaker, unfortunately for us, we live in a country where through no fault of theirs highways pass through the centre towns, unlike in other areas, in other countries, where highways go outside towns.
Mr. Speaker, I think we have to call on the Ministry of Road Transport; we have to agree that at least roads in villages, in the peri-urban areas, especially those which are lying just on the corridors of our cities, should have speed ramps on them. Places like Kasoa, places like Abuakwa, places like Madina, places like Mallam must have speed ramps. And once drivers get there they should know that at least they are almost near to the city and as such they have no right to still be over- speeding.
On this note I will end by congra- tulating the hon. Member for Efigya- Sekyere for this noble Statement.
MOTIONS 11:10 a.m.

Mr. Benito Owusu-Bio (NPP -- Atwima-Nwabiagya) 11 a.m.
Mr. Speaker, thank you for allowing me to contribute
to the Statement on the floor.
Mr. Speaker, I want to add my voice to this Statement by just buttressing the point which was just elaborated by my hon. Colleague Member for Asawase.
Mr. Speaker, this is about over-speeding within towns and on our highways. Mr. Speaker, this particular phenomenon is growing so much so that on the average within Atwima-Nwabiagya a child or a pedestrian is knocked down daily. Mr. Speaker, there are road signs there which display the speed limit; that drivers are not supposed to go over 50 kilometres per hour but this is not adhered to. Now, if you should even make an attempt to call or ask for speed ramps to be created on these roads, you are told that the roads are highways and as such they cannot create speed ramps in there.
Mr. Speaker, unfortunately for us, we live in a country where through no fault of ours, highways pass through the centre of towns, unlike in other areas, in other countries, where highways go outside towns.
Mr. Speaker, I think we have to call on the Ministry of Road Transport; we have to agree that at least roads in villages, in the peri-urban areas, especially those which are lying just on the corridors of our cities, should have speed ramps on them. Places like Kasoa, places like Abuakwa, places like Madina, places like Mallam must have speed ramps. And once drivers get there they should know that at least they are almost near to the city and as such they have no right to still be overspeeding.
On this note I will end by congra- tulating the hon. Member for Afigya- Sekyere East for this noble Statement.
MOTIONS 11:10 a.m.

BILLS -- CONSIDERATION 11:10 a.m.

Chairman of the Committee (Nii Adu Mante) 11:10 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
STAGE 11:10 a.m.

Mr. Haruna Iddrisu 11:10 a.m.
Mr. Speaker, I would want the Chairman of the Committee to justify why he thinks that we must delete the words under clause 3(1), because he himself is being repetitive of the same words and he is also further repeating clause 3(1) (a). There is no change so we will need to maintain that and then maybe move on. I do not see why he is saying that we should delete and substitute, yet we are substituting it with the same words.
Nii Adu Mante: Mr. Speaker, we
are recomposing the whole of clause 3 as earlier on captured in the Bill. There are so many repetitions and the body should be only seven members and not ten. It is for this reason that we are composing - an entire new paragraph by deleting and substituting what we have captured here at page 2.
BILLS -- CONSIDERATION 11:10 a.m.

STAGE 11:10 a.m.

Mr. Yieleh Chireh 11:10 a.m.
Mr. Speaker,
Mr. Speaker 11:10 a.m.
Hon. Member for Wa West, which sub-clause are you referring to?
Mr. Haruna Iddrisu 11:10 a.m.
Mr. Speaker, I would want the Chairman of the Committee to justify why he thinks that we must delete the words under clause 3 (1), because he himself is being repetitive of the same words and he is also further repeating clause 3 (1) (a). There is no change so we will need to maintain that and then maybe move on. I do not see why he is saying that we should delete and substitute, yet we are substituting it with the same words.
Nii Adu Mante: Mr. Speaker, we
are recomposing the whole of clause 3 as earlier on captured in the Bill. There are so many repetitions and the body should be only seven members and not ten. It is for this reason that we are composing an entire new paragraph by deleting and substituting what we have captured here at page 2.
Mr. Chireh 11:10 a.m.
Mr. Speaker, clause
3(1), the amendment that has been moved, (d) “a person with qualification and practice in finance” and (e) says, “one practising lawyer”. These are too broad in terms of who should - I would suggest that if the Chairman of the Committee will agree - At least, for the lawyers they have a Lawyers Association; they should nominate the person and they will consider the person's qualification and perhaps expertise in finance in nominating him to serve on the board.
Mr. Yieleh Chireh 11:10 a.m.
Mr. Speaker,
Mr. Iddrisu 11:10 a.m.
Mr. Speaker, with
respect, I would like to disagree with hon. Yieleh Chireh on this matter. If he looks further down, he cannot tie the hands of the President. We are saying that the Board members shall be appointed by the President in accordance with article 70 of the Constitution. I believe the President knows people who have legal background and legal qualification; so will he determine people with the finance background.
This is not a matter that we should leave to the specific institution, so I think that I support the amendment of the Chairman of the Committee. I would rather have thought that he was repeating almost many issues which are already captured in the law. I think that we support his amendment and we can take it through; except that he must clarify to us, because if he says “the governing body of the Commission” -- If you look at clause 3(1), there is nothing to be substituted there. So he should not ask us to delete it and substitute. So he should go to those areas where he thinks he has problems then we can make the deletion and substitution and move on.
Mr. Speaker 11:10 a.m.
Hon. Member for Wa
West, which subclause are you referring to?
Mr. Chireh 11:10 a.m.
Mr. Speaker, I still want to draw the House's attention to the fact that even in this same clause, we have somebody in (c ), one person who is either an experienced chartered insurer or a qualified insurance practitioner nominated in consultation with the insurance industry. Indeed, it is the practice of this House that people are consulted or the professional groups or associations are asked to nominate. The appointment by the President is the process of issuing a formal letter. But the process of identifying who should be on the Board should be given to professional groups as we have been doing in the past. This is the point I want to make.
Mr. Chireh 11:10 a.m.
Mr. Speaker, clause 3 (1),
the amendment that has been moved, (d) “a person with qualification and practice in finance” and (e) says, “one practising lawyer”. These are too broad in terms of who should - I would suggest that if the Chairman of the Committee will agree -- At least, for the lawyers they have a Lawyers Association; they should nominate the person and they will consider the person's qualification and perhaps expertise in finance in nominating him to serve on the Board.
Mr. H. Iddrisu 11:10 a.m.
Mr. Speaker, with
respect, I would like to disagree with hon. Yieleh Chireh on this matter. If he looks further down, he cannot tie the hands of the President. We are saying that the Board members shall be appointed by the President in accordance with article 70 of the Constitution. I believe the President knows people who have legal background and legal qualification; so will he determine people with the finance background.
This is not a matter that we should leave to the specific institution, so I think that I support the amendment of the Chairman of the Committee. I would rather have thought that he was repeating almost many issues which are already captured in the law. I think that we support his amendment and we can take it through; except that he must clarify to us, because if he says “the governing body of the Commission” -- If you look at clause 3 (1), there is nothing to be substituted there. So he should not ask us to delete it and substitute. So he should go to those areas where he thinks he has problems then we can make the deletion and substitution and move on.
Mr. Okerchiri 11:10 a.m.
Mr. Speaker, I
think I am ad idem with the hon. Joseph Yieleh Chireh. Where the law wanted the President, as it were, to make a direct nomination it has so said. If you look at he Order Paper, (g), “one other person to be nominated by the President” - that way he does not need to consult any institution. So I think it is important that we do same as he suggested, that we give that to the mother of the delegation, as it were, to do -- one practising lawyer to be nominated by the Ghana Bar Association.
Mr. Speaker, in respect of (d), I think
it can also come under (g), maybe two other persons to be nominated by the President, one with finance background or finance qualification. I think something of that rendition can help. But I think that (e) obviously must be nominated by the Ghana Bar Association.
Mr. Adu Mante 11:10 a.m.
Mr. Speaker, I have
no objection to the further amendment by my good Friend, Mr. Yieleh Chireh, that one person with qualification and practice in finance be nominated by the President and the nomination of a practising lawyer should be made by the Ghana Bar Association. I do not have any objection.
Mr. Chireh 11:10 a.m.
Mr. Speaker, I still want
to draw the House's attention to the fact that even in this same clause, we have somebody in (c), one person who is either an experienced chartered insurer or a qualified insurance practitioner nominated in consultation with the insurance industry. Indeed, it is the practice of this House that people are consulted or the professional groups or associations are asked to nominate. The appointment by the President is the process of issuing a formal letter. But the process of identifying who should be on the Board should be given to professional groups as we have been doing in the past. This is the point I want to make.
Mr. Okerchiri 11:10 a.m.
Mr. Speaker, I
think I am ad idem with the hon. Joseph Yieleh Chireh. Where the law wanted the President, as it were, to make a direct nomination it has so said. If you look at the Order Paper, (g) “one other person to be nominated by the President” -- that way he does not need to consult any institution. So I think it is important that we do same as he suggested, that we give that to the mother of the delegation, as it were, to do -- one practising lawyer to be nominated by the Ghana Bar Association.
Mr. Speaker, in respect of (d), I think
it can also come under (g), maybe two other persons to be nominated by the President, one with finance background or finance qualification. I think something of that rendition can help. But I think that (e) obviously must be nominated by the Ghana Bar Association.
Nii Adu Mante: Mr. Speaker, I have
no objection to the further amendment by my good Friend, Mr. Yieleh Chireh, that one person with qualification and practice in finance be nominated by the President and the nomination of a practising lawyer should be made by the Ghana Bar Association. I do not have any objection.
Mr. Speaker 11:10 a.m.
I will suggest that we
stand this down for you to put your heads together and present something agreeable.
11. 20 a. m.
Clauses 4 ordered to stand part of the Bill.
Clause 5 - Tenure of office of members.
Mr. Iddrisu 11:10 a.m.
Mr. Speaker, I need your
leave to ask for an amendment to clause 5(1) and with your indulgence I want hon. Members to support an amendment that the construction there should end at “reappointment”. I beg to move that delete all the words from “but a member shall not be appointed for more than two terms in succession”.
Mr. Speaker, only last week when we were considering the Foreign Exchange Bill we came across a similar suggestion and we believed that if at any time the President deems it fit, based on a person's accumulated experience, the person should be allowed to serve on the Commission. So my new proposal for clause 5(1) will read as follows: “A member of the board shall hold office for a period not exceeding three years and is eligible for reappointment” - then we end it there and delete the rest of the words there.
Nii Adu Mante: Mr. Speaker, I do not
think there is anything wrong with the way it has been captured here and for me we should retain it as such.
Mr. Speaker 11:10 a.m.
I will suggest that we stand this down for you to put your heads together and present something agreeable.
Clause 4 ordered to stand part of the Bill.
Clause 5 - Tenure of office of members.
Mr. Speaker 11:10 a.m.
You do not agree to the
amendment?
Nii Adu Mante: That is so, Mr.
Speaker.
Mr. H. Iddrisu 11:20 a.m.
Mr. Speaker, I need
your leave to ask for an amendment to clause 5 (1) and with your indulgence I want hon. Members to support an amendment that the construction there should end at “reappointment”. I beg to move, delete all the words from “but a member shall not be appointed for more than two terms in succession”.
Mr. Speaker, only last week when we were considering the Foreign Exchange Bill we came across a similar suggestion and we believed that if at any time the President deems it fit, based on a person's accumulated experience, the person should be allowed to serve on the Commission. So my new proposal for clause 5 (1) will read as follows:
“A member of the Board shall hold office for a period not exceeding three years and is eligible for reappointment” --
then we end it there and delete the rest of the words there.
Nii Adu Mante: Mr. Speaker, I do not
think there is anything wrong with the way it has been captured here and for me we should retain it as such.
Mr. Speaker 11:20 a.m.
You do not agree to the
amendment?
Nii Adu Mante: That is so, Mr.
Speaker.
Mr. Alfred Agbesi 11:10 a.m.
Mr. Speaker, I think I also agree with the hon. Chairman of the Committee that the way it is captured here the person who is subject for reappointment, we must give that person a term to serve, not permanently, not forever. If the amendment sought by the hon. Member for Tamale South (Mr. Haruna Iddrisu) is accepted, it would mean that such a person may continue to be appointed and appointed and appointed. But there is need for us to fix a term for the person -- not more than two terms Mr. Speaker, I think it is about fair and I must support the hon. Chairman's position.
Mr. Iddrisu 11:10 a.m.
Mr. Speaker, I beg to
withdraw my amendment for us to make progress.
Mr. Alfred Agbesi 11:20 a.m.
Mr. Speaker, I think I also agree with the hon. Chairman of the Committee that the way it is captured here the person who is subject for reappointment, we must give that person a term to serve, not permanently, not forever. If the amendment sought by the hon. Member for Tamale South (Mr. Haruna Iddrisu) is accepted, it would mean that such a person may continue to be appointed and appointed and appointed. But there is need for us to fix a term for the person -- not more than two terms -- Mr. Speaker, I think it is about fair and I must support the hon. Chairman's position.
Mr. H. Iddrisu 11:20 a.m.
Mr. Speaker, I beg to
withdraw my amendment for us to make progress.
Mr. Chireh 11:10 a.m.
Mr. Speaker, even though the hon. Member has agreed to withdraw, we have an ex-officio member on the board whose retiring age is less than six years. So I would want, if the hon. Chairman agrees, that in clause 1 we say that “a member of the board other than an ex- officio member”; and the rest follows. So the commissioner who may be younger can serve throughout, otherwise by strict interpretation of the law, after this six years he or she would not be there. I know it is a ‘she' now.
Mr. Chireh 11:20 a.m.
Mr. Speaker, even though the hon. Member has agreed to withdraw, we have an ex officio member on the Board whose retiring age is less than six years. So I would want, if the hon. Chairman agrees, that in clause 1 we say that “a member of the Board other than an ex officio member”; and the rest follows. So the commissioner who may be younger can serve throughout, otherwise by strict interpretation of the law, after this six years he or she would not be there. I know it is a ‘she' now.
Mr. Speaker 11:10 a.m.
Hon. Chairman, what
do you say to that? Is it acceptable to you or not?
Nii Adu Mante: Mr. Speaker, I do not
I agree with my hon. Friend, the Member of Parliament for Wa West. I still maintain my position that the way it has been captured here remains as such.
Clauses 5 ordered to stand part of the
Bill.
Clause 6 - Meetings of the Board.
Nii Adu Mante: Mr. Speaker, clause
5(2), line 1 - there is a typographical error there and may I read for hon. Members to appreciate what I want to do -- “Where a member of the board resigns or dies, is removed from office or is. . .” The word “is” there may have to go -- “or for a sufficient reason”. I do not think the word “is” has been properly fixed there.
Mr. Speaker 11:10 a.m.
Hon. Chairman, if you
are saying that there is a typographical error, I think we may have to leave it to the draftsperson to have it done.
Mr. Speaker 11:20 a.m.
Hon. Chairman, what
do you say to that? Is it acceptable to you or not?
Nii Adu Mante: Mr. Speaker, I do not
agree with my hon. Friend, the Member of Parliament for Wa West. I still maintain my position that the way it has been captured here remains as such.
Clause 5 ordered to stand part of the
Bill.
Clause 6 - Meetings of the Board.
Nii Adu Mante: Mr. Speaker, clause 5
(2), line 1 - there is a typographical error
there and may I read for hon. Members to appreciate what I want to do -- “Where a member of the Board resigns or dies, is removed from office or is . . .” The word “is” there may have to go -- “or for a sufficient reason”. I do not think the word “is” has been properly fixed there.
Mr. Chireh 11:10 a.m.
Mr. Speaker, I beg to
move, that in clause 6, subclause (2), delete “may be convened by the Chairperson and shall be convened by the chairperson at the request of not less than one-third of the members of the board”. If you look at it, once one-third of the members have signed to request for the meeting it does not lie in the hands or in the mouth of the chairperson to say no. So we should delete “may be convened by the Chairperson and . . .” All those words should go.
Nii Adu Mante: Mr. Speaker, I do
agree with my hon. Colleague and I think those words may have to give way. The whole subclause should read as follows: “A special meeting of the board shall be convened by the chairperson at the request of not less than one-third of the members of the board”
Question put and amendment agreed
to.
Clause 6 as amended ordered to stand
part of the Bill.
Mr. Speaker 11:20 a.m.
Hon. Chairman, if you
are saying that there is a typographical error, I think we may have to leave it to the draftsperson to have it done.
Mr. Iddrisu 11:10 a.m.
Mr. Speaker, with respect,
I want us to re-look clause 6(3). The quorum at a meeting of the board is five members. Now, we go on to define important matters by a statement that “. . .or a greater number determined by the board”.
Mr. Chireh 11:20 a.m.
Mr. Speaker, I beg to
move, clause 6, subclause (2), delete “may be convened by the chairperson and shall be convened by the chairperson at the request of not less than one-third of the members of the Board”. If you look at it, once one-third of the members have signed to request for the meeting it does not lie in the hands or in the mouth of the chairperson to say no. So we should delete “may be convened by the chairperson and . . .” All those words should go.
Nii Adu Mante: Mr. Speaker, I do
agree with my hon. Colleague and I think those words may have to give way. The whole subclause should read as follows:
“A special meeting of the Board shall be convened by the chairperson at the request of not less than one- third of the members of the Board.”
Question put and amendment agreed
to.
Clause 6 as amended ordered to stand
part of the Bill.
Mr. H. Iddrisu 11:20 a.m.
Mr. Speaker, with
respect, I want us to relook clause 6 (3). The quorum at a meeting of the Board is five members. Now, we go on to define important matters by a statement that “. . . or a greater number determined by the Board”.
Mr. Speaker, quorum is quorum and I think that we should reconstruct that to read 11:10 a.m.
“The quorum at a meeting of the board is five members”. It should end there, because if you go further to say that “a greater number determined by the board in respect of an important matter or question relating to policy or finance,” any time the board is meeting they would be determining an important policy issue so we should just leave it at “the quorum at a meeting of the board is five members” and delete the rest of the words from there.
Nii Adu Mante: Mr. Speaker, there
maybe cases where board members would be faced with very, very important issues, where members may at one particular time be faced with a critical decision where they may not be up to the number five. So I maintain the fact that in very, very important cases the number should not be five but maybe six or more for a proper meeting to go on.
Mr. Inusah Fuseini 11:10 a.m.
Mr. Speaker, I
would like to associate myself with the amendment proposed by my hon. Friend, Haruna Iddrisu. Mr. Speaker, we should not, by our conduct in this House, give the impression that certain matters to be discussed at the board meetings under this Act would be more important than others. Indeed, any matter that would be considered by the board, in our view, should be an important matter; and to say that the board itself shall set a standard, a quorum for matters that they consider important other than the general quorum, is to infer non-attendance at meetings of the board.
Mr. Speaker, we should leave the quorum at five, and that means that any matter that is to be decided or discussed at the board meeting ought to be attended to by a quorum of five.

Nii Adu Mante: Mr. Speaker, I may yield to the suggestions of my very good Friends on the other side of this House.
Mr. Speaker, quorum is quorum and I think that we should reconstruct that to read 11:20 a.m.
“The quorum at a meeting of the Board is five members”. It should end there, because if you go further to say that “a greater number determined by the board in respect of an important matter or question relating to policy or finance”, any time the Board is meeting they would be determining an important policy issue so we should just leave it at “the quorum at a meeting of the Board is five members” and delete the rest of the words from there.
Nii Adu Mante: Mr. Speaker, there
may be cases where board members may at one particular time be faced with a critical decision where they may not be up to the number five. So I maintain the fact that in very, very important cases the number should not be five but maybe six or more for a proper meeting to go on.
rose
Mr. Inusah Fuseini 11:20 a.m.
Mr. Speaker, I
would like to associate myself with the amendment proposed by my hon. Friend, Haruna Iddrisu. Mr. Speaker, we should not, by our conduct in this House, give the impression that certain matters to be discussed at the Board meetings under this Act would be more important than others. Indeed, any matter that would be considered by the Board, in our view, should be an important matter; and to say that the Board itself shall set a standard, a quorum for matters that they consider important other than the general quorum, is to infer non-attendance at meetings of the Board.
Mr. Speaker, we should leave the quorum at five, and that means that any matter that is to be decided or discussed at the board meeting ought to be attended to by a quorum of five.
Nii Adu Mante: Mr. Speaker, I may
yield to the suggestions of my very good

Friends on the other side of this House.
Mr. Speaker 11:10 a.m.
Hon. Member for
Tamale South, is it not your amendment?
rose
Mr. Iddrisu 11:30 a.m.
Mr. Speaker, a fresh amendment, if I would get your leave, under clause 6(4).
Mr. Speaker 11:20 a.m.
Hon. Member for
Tamale South, is it not your amendment?
Mr. Speaker 11:30 a.m.
We have not finished with 6(3).
Question put and amendment agreed to.
Mr. H. Iddrisu 11:30 a.m.
Mr. Speaker, a fresh amendment, if I would get your leave, under clause 6 (4).
Mr. Speaker 11:30 a.m.
We have not finished with 6 (3).
Question put and amendment agreed to.
Mr. Speaker 11:30 a.m.
I would suggest that
next time you put all these down on paper, as some of your hon. Colleagues have done, to guide me.
Mr. Speaker 11:30 a.m.
I would suggest that
next time you put all these down on paper, as some of your hon. Colleagues have done, to guide me.
Mr. Iddrisu 11:30 a.m.
Mr. Speaker, thank you for your guidance. Mr. Speaker, clause 6(4) - “The Chairperson shall preside at meetings of the Board and in the absence of the Chairperson a member of the Board elected by the members present” - it should end there. So after the word ‘present' delete all the words because we do not need to say “from among their numbers shall preside”. It is repetitive. So my stake is that we should reconstruct it and delete all the words after “present”. Mr. Speaker, I so move.
Nii Adu Mante: Mr. Speaker, I have
no objection to the removal. It makes the reading much friendlier.
Question put and amendment agreed
to.
Clause 6 as amended ordered to stand
part of the Bill.
Clauses 7 to 10 ordered to stand part
[NII ADU MANTE] of the Bill.
Clause 11-- Ministerial directions.
Mr. Iddrisu 11:30 a.m.
Mr. Speaker, I believe
that it is because of the motion that I did not file my amendments. Forty-eight hours have not elapsed since we took this Bill through the Second Reading. I am just doing this so that you appreciate why I have had to be seeking your leave every now and then. Back to clause 11 - “The Minister may give directives to the Board on matters of policy for the Commission,” Mr. Speaker, I would suggest that that should be the construction. Mr. Speaker, we cannot give the powers to determine policy issues to the Minister. It is put there that if the Minister gives directives the Commission must comply. General issues of policy are for the Board and I believe that we should reconstruct clause 11 to read: “The Minister may give directives to the Board on matters of policy for the Commission in the performance of its functions,” but not that when the Minister gives directives the Board must necessarily be obliged to comply. We would be taking away the powers of the Board. Mr. Speaker, I beg to move.
Nii Adu Mante: Mr. Speaker, I entirely agree with the hon. Member for Tamale South. I think those words must be removed from the clause. Mr. Speaker, the full clause reads as follows: “The Minister may give directives to the Board on matters of policy to the Commission in the performance of its functions and the Board shall comply.” Mr. Speaker, that is enough.
Mr. H. Iddrisu 11:30 a.m.
Mr. Speaker, thank you for your guidance. Mr. Speaker, clause 6 (4) -
“The Chairperson shall preside at meetings of the Board and in the absence of the Chairperson a member of the Board elected by the members present” -
it should end there. So after the word “present” delete all the words because we do not need to say “from among their numbers shall preside”. It is repetitive. So my stake is that we should reconstruct it and delete all the words after “present”. Mr. Speaker, I so move.
Nii Adu Mante: Mr. Speaker, I have
no objection to the removal. It makes the reading much friendlier.
Question put and amendment agreed
to.
Clause 6 as amended ordered to stand
part of the Bill.

Clauses 7 to 10 ordered to stand part

of the Bill.

Clause 11-- Ministerial directions.
Mr. Speaker 11:30 a.m.
Chairman of the
Committee, where do we stop?
Nii Adu Mante: Mr. Speaker, we shall
stop at the “Board” so that the words, “to be followed by” are taken out and then, “shall comply,” should also be taken out.
Mr. H. Iddrisu 11:30 a.m.
Mr. Speaker, I believe
that it is because of the motion that I did not file my amendments. Forty-eight hours have not elapsed since we took this Bill through the Second Reading. I am just doing this so that you appreciate why I have had to be seeking your leave every now and then.
Back to clause 11 - “The Minister may give directives to the Board on matters of policy for the Commission” --Mr. Speaker, I would suggest that that should be the construction. Mr. Speaker, we cannot give the powers to determine policy issues to the Minister. It is put there that if the Minister gives directives the Commission must comply. General issues of policy are for the Board and I believe that we should reconstruct clause 11 to read: “The Minister may give directives to the Board on matters of policy for the Commission in the performance of its functions,” but not that when the Minister gives directives the Board must necessarily be obliged to comply. We would be taking away the powers of the Board. Mr. Speaker, I beg to move.
Nii Adu Mante: Mr. Speaker, I entirely agree with the hon. Member for Tamale South. I think those words must be removed from the clause. Mr. Speaker, the full clause reads as follows:
“The Minister may give directives to the Board on matters of policy to the Commission in the performance of its functions and the Board shall comply.”
Mr. Speaker, that is enough.
Mr. Speaker 11:30 a.m.
No! It is not quite clear;
could you read it again.
Nii Adu Mante: Mr. Speaker, what I
am saying is that “The Minister may give directives to the Board on matters of policy to the Commission in the performance of its functions.” It ends there.
Clause 11 as amended ordered to stand
part of the Bill.
Clause 12 - Appo in tmen t o f Commissioner and Deputy Commissioner of Insurance and their functions.
Mr. Speaker 11:30 a.m.
Chairman of the
Committee, where do we stop?
Nii Adu Mante: Mr. Speaker, we shall
stop at the “Board” so that the words, “to be followed by” are taken out and then,
“shall comply”, should also be taken out.
Mr. Speaker 11:30 a.m.
No! It is not quite clear;
could you read it again.
Nii Adu Mante: Mr. Speaker, what I
am saying is that “The Minister may give directives to the Board on matters of policy to the Commission in the performance of its functions.” It ends there.
Clause 11 as amended ordered to stand
part of the Bill.
C lause 12 - Appo in tmen t o f Commissioner and Deputy Commissioner of Insurance and their functions.
Mr. Chireh 11:30 a.m.
Mr. Speaker, I beg to move an amendment to clause 12(4). Currently it reads: “The Commissioner may in an emergency situation or for the protection of public interest take enforcement action or other actions within 30 days after the date of the action taken to inform the Board in writing for the Board's review of the action taken”.
Mr. Speaker, I beg to move that we reduce 30 days to 7 working days because whatever action the Commissioner would take within 7 working days the Commissioner should be able to inform the Board. It should not take the Commissioner 30 days, otherwise there is no need for the Board. There are reasons why we have put in the law that emergency meetings can be called. So I would urge that we reduce the number of days within which the report should be made to the Board.
Nil Adu Mante: Mr. Speaker, I would wish that this proposed amendment is suspended for the time being. We have an amendment in subclause (1) of the same clause 12 and I want that to be taken first.
Mr. Speaker, I beg to move that clause 12 (1) the word “Constitution” which
Mr. Chireh 11:30 a.m.
Mr. Speaker, I beg to move an amendment to clause 12 (4). Currently it reads:
“The Commissioner may in an emergency situation or for the protection of public interest take enforcement action or other actions within 30 days after the date of the action taken to inform the Board in writing for the Board's review of the action taken.”
Mr. Speaker, I beg to move that we reduce 30 days to 7 working days because whatever action the Commissioner would take within 7 working days the Commissioner should be able to inform the Board. It should not take the Commissioner 30 days, otherwise there is no need for the Board. There are reasons why we have put in the law that emergency meetings can be called. So I would urge that we reduce the number of days within which the report should be made to the Board.
Nii Adu Mante: Mr. Speaker, I would wish that this proposed amendment is suspended for the time being. We have an amendment in subclause (1) of the same clause 12 and I want that to be taken first.
Mr. Speaker, I beg to move that clause 12 (1) the word “Constitution” which
Mr. Speaker 11:30 a.m.
Your amendment is for the correction of the spelling?
Nii Adu Mante: Mr. Speaker, yes.
Mr. Speaker 11:30 a.m.
Your amendment is for the correction of the spelling?
Nii Adu Mante: Mr. Speaker, yes.
Mr. Speaker 11:30 a.m.
That will be done by the draftsperson.
Nii Adu Mante: Mr. Speaker, and the insertion of the indefinite article between “appoint” and the word “commissioner”. I want that to be captured by the experts.
Mr. Speaker 11:30 a.m.
Chairman, what are you suggesting in respect of clause 12 (1)?
Nii Adu Mante: Mr. Speaker, in clause 12(1) “Constitution” has been mis-spelt.
Mr. Speaker 11:30 a.m.
That will be done by the draftsperson.
Nii Adu Mante: Mr. Speaker, and the insertion of the indefinite article between “appoint” and the word “commissioner”. I want that to be captured by the experts.
Mr. Speaker 11:30 a.m.
Chairman, what are you suggesting in respect of clause 12 (1)?
Nii Adu Mante: Mr. Speaker, in clause 12 (1) “Constitution” has been misspelt.
Mr. Speaker 11:30 a.m.
Correction would be made.
Nii Adu Mante: I am further saying that in line 2 of the same clause, between “appoint” and “Commissioner” be inserted the indefinite article “a” so that it reads like this “appoint a Commissioner of Insurance”.
Mr. Fuseini 11:30 a.m.
Mr. Speaker, I have an amendment to clause 12(7).
Mr. Speaker 11:30 a.m.
Correction would be made.
Nii Adu Mante: I am further saying that in line 2 of the same clause, between “appoint” and “Commissioner” be inserted the indefinite article “a” so that it reads like this -- “appoint a Commissioner of Insurance”.
Mr. Fuseini 11:30 a.m.
Mr. Speaker, I have an amendment to clause 12 (7).
Mr. Speaker 11:30 a.m.
We are dealing with 12(1) at the moment.
Mr. Speaker 11:30 a.m.
We are dealing with 12 (1) at the moment.
Mr. Fuseini 11:30 a.m.
Mr. Speaker, I thought because that was on typos that could of course be corrected.
Mr. Speaker 11:30 a.m.
All right. There is a proposed amendment in respect of 12(4). An hon. Member is proposing 7 working days instead of 30 working days; what do you say to that, Chairman of the Committee?

Nii Adu Mante: Mr. Speaker, I would suggest 14 working days instead of 7. Ghana is still not in the computerized age and I think 7 working days is rather too short a period for such an emergency situation to be rectified or dealt with properly. So I am suggesting that “14 working days” is better than the “7 working days”.
Mr. Fuseini 11:30 a.m.
Mr. Speaker, I thought because that was on typos that could of course be corrected.
Mr. Speaker 11:30 a.m.
All right. There is a proposed amendment in respect of 12 (4). An hon. Member is proposing 7 working days instead of 30 working days; what do you say to that, Chairman of the Committee?

Nii Adu Mante: Mr. Speaker, I would suggest 14 working days instead of 7. Ghana is still not in the computerized age and I think 7 working days is rather too short a period for such an emergency situation to be rectified or dealt with properly. So I am suggesting that “14 working days” is better than the “7 working days”.
Mr. Speaker 11:30 a.m.
Hon. Member for Wa West, is it acceptable to you?
Mr. Speaker 11:30 a.m.
Hon. Member for Wa West, is it acceptable to you?
Mr. Chireh 11:30 a.m.
Mr. Speaker, I agree with him.
Question put and amendment agreed to.
Mr. Inusah Fuseini 11:40 a.m.
Mr. Speaker, I am proposing an amendment to clause 12 (7). Mr. Speaker, this is consequent upon clause 12(5), which says “The Commissioner may delegate the functions of office to an officer of the Commission but shall not be relieved from ultimate responsibility for the performance of the delegated function.”
Meanwhile, subclause (7) says “The
Deputy Commissioner shall perform such functions as the Board directs and shall discharge the duties of the Commissioner in the absence of the Commissioner.”
Mr. Speaker, it seems to suggest that the Deputy Commissioner shall only perform functions directed by the Board and can only perform the functions of the Commissioner when the Commissioner is absent, meaning, the Commissioner cannot, on his own, direct the Deputy Commissioner to perform any other function. That might create that impression and that might be a recipe for conflict in the administration of this Act. And for the avoidance of doubt, Mr. Speaker, by the
insertion of the words “the Commissioner” the Deputy Commissioner will be under law, by this Act entitled to take directives from the Commissioner.
Mr. Chireh 11:30 a.m.
Mr. Speaker, I agree with him.
Question put and amendment agreed to.
Mr. Fuseini 11:40 a.m.
Mr. Speaker, I am proposing an amendment to clause 12 (7). Mr. Speaker, this is consequent upon clause 12 (5), which says
“The Commissioner may delegate the functions of office to an officer of the Commission but shall not be relieved from ultimate responsibility for the performance of the delegated function.”
Meanwhile, subclause (7) says
“The Deputy Commissioner shall perform such functions as the Board directs and shall discharge the duties of the Commissioner in the absence of the Commissioner.”
Mr. Speaker, it seems to suggest that the Deputy Commissioner shall only perform functions directed by the Board and can only perform the functions of the Commissioner when the Commissioner is absent, meaning, the Commissioner cannot, on his own, direct the Deputy Commissioner to perform any other function. That might create that impression and that might be a recipe for conflict in the administration of this Act. And for the avoidance of doubt, Mr. Speaker, by the insertion of the
words “the Commissioner”, the Deputy Commissioner will be under law, by this Act entitled to take directives from the Commissioner.
Mr. Speaker 11:40 a.m.
So what are you suggesting?
Mr. Fuseini 11:40 a.m.
Mr. Speaker, I am
suggesting that clause 12(7) be amended by the insertion of the words “the Commissioner” after “the Board” to read “The Deputy Commissioner shall perform such functions as the Board or the Commissioner directs . . .”
Nii Adu Mante: Mr. Speaker, I disagree with my good friend. Mr. Speaker, the Board has a role to play in the whole management of the Commission's work. The Deputy Commissioner can only perform his functions with the approval of the Board, and the Commissioner solely cannot delegate his or her powers to the Deputy Commissioner without the approval of the Board.
And I think, for purposes of the management of the entire Commission, the Board should have a role to play and not between the two of them - one goes out and then informs the other that “take over, I am going”. That should not be the case. The Board should be informed for it to play a role in the whole management. For that reason, I oppose the amendment proposed by my good friend, the hon. Member for Tamale Central.
Mr. Speaker 11:40 a.m.
So what are you suggesting?
Mr. Fuseini 11:40 a.m.
Mr. Speaker, I am
suggesting that clause 12 (7) be amended by the insertion of the words “the Commissioner” after “the Board” to read
“The Deputy Commissioner shall perform such functions as the Board or the Commissioner directs . . .”
Nii Adu Mante: Mr. Speaker, I disagree with my good Friend. Mr. Speaker, the Board has a role to play in the whole management of the Commission's work. The Deputy Commissioner can only perform his functions with the approval of the Board, and the Commissioner solely cannot delegate his or her powers to the Deputy Commissioner without the approval of the Board.
Mr. Speaker, I think, for purposes of the management of the entire Commission, the Board should have a role to play and not between the two of them - one goes out and then informs the other that “take over, I am going”. That should not be the case. The Board should be informed for it to play a role in the whole management. For that reason, I oppose the amendment proposed by my good Friend, the hon. Member for Tamale Central.
Mr. Chireh 11:40 a.m.
Mr. Speaker, I think that the hon. Chairman should revise his notes on rejecting this proposal. This is because if you have a Commissioner and you have a Deputy Commissioner, the Deputy Commissioner takes direct instructions and directives from the Board, then you are creating two masters or mistresses in one house.
I think that what should be the case

is “The Board or the Commissioner . . .” It is the Commissioner who should even delegate. We have the whole country Ghana, have we as Ghanaians given the Vice President independent powers? No. It is when the President says he should do something that he does. So in my view, “or the Commissioner” is the correct amendment that we should add. This is because, we should not create the impression that the Commissioner is at par with the Deputy Commissioner. No way, at all. I urge hon. Members not to support the hon. Chairman but to support me.
Mr. Speaker 11:40 a.m.
Hon. Chairman, do you have a change of mind?
Nii Adu Mante: Mr. Speaker, my hon. Colleague from Wa West has further proposed an amendment to the proposal by the hon. Member for Tamale Central, who suggested that - [Interruptions.] -
Mr. Chireh 11:40 a.m.
Mr. Speaker, I think that the hon. Chairman should revise his notes on rejecting this proposal. This is because if you have a Commissioner and you have a Deputy Commissioner, and the Deputy Commissioner takes direct instructions and directives from the Board, then you are creating two masters or mistresses in one house.
I think that what should be the case

is “The Board or the Commissioner . . .” It is the Commissioner who should even delegate. We have the whole country Ghana; have we as Ghanaians given the Vice President independent powers? No. It is when the President says he should do something that he does. So in my view, “or the Commissioner” is the correct amendment that we should add. This is because, we should not create the impression that the Commissioner is at par with the Deputy Commissioner. No way, at all. I urge hon. Members not to support the hon. Chairman but to support me.
Mr. Speaker 11:40 a.m.
He has not.
Nii Adu Mante: He has. What he said was that “The Board or the Commissioner…” to which I may agree but not entirely taking away “The Board.”
Mr. Speaker 11:40 a.m.
Hon. Chairman, do you have a change of mind?
Mr. Speaker 11:40 a.m.
He has not.
Nii Adu Mante: He has. What he said was that “The Board or the Commissioner…” to which I may agree but not entirely taking away “The Board”.
Mr. Speaker 11:40 a.m.
Are you agreeable to “The Board or the Commissioner . . .”
Nii Adu Mante: That is so, Mr. Speaker.
Mr. Speaker 11:40 a.m.
Are you agreeable to “The Board or the Commissioner . . .”
Nii Adu Mante: That is so, Mr. Speaker.
Mr. Haruna Iddrisu 11:40 a.m.
Mr. Speaker, I believe that the hon. Chairman of the Committee did not listen adequately to the preposition by the hon. Member for Tamale Central. He said, after “Board” add “…or Commissioner”. And since he is privileged to sit by the hon. Deputy Minister for Finance and Economic Planning, he should ask him whether sometimes he does not get directives from his Minister; he does. That is why we are saying that the Deputy Commissioner shall not only be subject to the Board but

subject to the Commissioner. That was all that he proposed.

Question put and amendment agreed to.

Clause 12 as amended ordered to stand part of the Bill.

Clauses 13 to 15 ordered to stand part of the Bill.

Clause 16 -- Budget and work programme

Nii Adu Mante: Mr. Speaker, I beg to move, that clause 16, subclause (1), line 2, after “of”, delete “the” and substitute “that.” So it will read as follows: “The Commissioner shall not later than three months before the commencement of each financial year prepare in respect of that financial year.”

Question put and amendment agreed to.
Mr. Speaker 11:40 a.m.
Hon. Member for Wa West, do you have an amendment?
Mr. H. Iddrisu 11:40 a.m.
Mr. Speaker, I believe that the hon. Chairman of the Committee did not listen adequately to the proposition by the hon. Member for Tamale Central. He said, after “Board” add “. . . or Commissioner”. And since he is privileged to sit by the hon. Deputy Minister for Finance and Economic Planning, he should ask him whether sometimes he does not get directives from his Minister; he does. That is why we are saying that the Deputy Commissioner

shall not only be subject to the Board but subject to the Commissioner. That was all that he proposed.

Question put and amendment agreed to.

Clause 12 as amended ordered to stand part of the Bill.

Clauses 13 to 15 ordered to stand part of the Bill.

Clause 16 -- Budget and work programme.

Nii Adu Mante: Mr. Speaker, I beg to move, clause 16, subclause (1), line 2, after “of”, delete “the” and substitute “that”. So it will read as follows:

“The Commissioner shall not later than three months before the commencement of each financial year prepare in respect of that financial year.”

Question put and amendment agreed to.
Mr. Speaker 11:40 a.m.
Hon. Member for Wa West, do you have an amendment?
Mr. Chireh 11:40 a.m.
Mr. Speaker, if you look at subclause (3) of clause 16, the construction there is a little difficult. So I instead, I propose the following amendment:
“The Commissioner shall submit to the Board a copy of the estimates and work programme not later than two months prior to the commencement of the financial year.”
Nii Adu Mante: Mr. Speaker, I entirely agree with my hon. Member for Wa West.
Question put and amendment agreed to.
Mr. Chireh 11:40 a.m.
Mr. Speaker, if you look at subclause (3) of clause 16, the construction there is a little difficult. So instead, I propose the following amendment:
“The Commissioner shall submit to the Board a copy of the estimates and work programme not later than two months prior to the commencement of the financial year.”
Nii Adu Mante: Mr. Speaker, I entirely agree with my hon. Member for Wa West.
Question put and amendment agreed to.
Mr. Chireh 11:50 a.m.
Mr. Speaker, I have a
Mr. Chireh 11:50 a.m.
Mr. Speaker, I have a
further amendment to clause 16, subclause (4) and it is about the two months in the second line. I recommend that we make it one month, because if you look at the sequence of the months, the first part says three months, and the second part was for two months. Therefore, I think that the Board should take a decision a month before the financial year commences. So I propose that instead of two months, we put one month.
Nii Adu Mante: Mr. Speaker, I may
agree with my good Friend from Wa West.
Question put and amendment agreed to.
Clause 16 as amended ordered to stand part of the Bill.
Clauses 17 - Levies payable to Commission.
Mr. H. Iddrisu 11:50 a.m.
Mr. Speaker, with respect clause 17 (3), I do have a problem and would want to move an amendment subject to a satisfactory explanation by the Ministry of Finance. If it says that “The rate of inflation in subsection (2) shall be the official rate of inflation given by the Bank of Ghana”, are we suggesting that there are different levels of inflation? Two, I want to find out why it is not the Ghana Statistical Service but the Bank of Ghana.
More importantly, why would we not leave that to the actuaries of the insurance company and would want a determination done by the Bank of Ghana, not even by the Ghana Statistical Service? If there is any explanation -- I would want to further move for a deletion of the whole of clause (3) -- subject to an explanation by the Deputy Minister for Finance and Economic Planning.
Nii Adu Mante: Mr. Speaker, I think if my good Friend had come with notice of

this suggestion, we would have sat down to deliberate on it. As of now, we cannot make headway on this suggestion. So I suggest that we step it down for further clarification on it.
Mr. Mante 11:50 a.m.
Mr. Speaker, I may agree
with my good Friend from Wa West.
Question put and amendment agreed to.
Clause 16 as amended ordered to stand part of the Bill.
Clauses 17 - Levies payable to Commission
Mr. Speaker 11:50 a.m.
All right, we defer clause 17 for the time being.
Clauses 18 to 22 ordered to stand part of the Bill.
Clause 23 - Persons not qualified to be issued with insurance licence.
Nii Adu Mante: Mr. Speaker, initially we proposed an amendment to this clause, paragraph (d), to insert the word “principal”. But Mr. Speaker, after consultation with the Commissioner, I have come to the conclusion that the word “principal” must be taken out. So the rendition would still remain as it is captured in the Bill itself. For that reason, we are withdrawing the proposed amendment.
Amendment by leave withdrawn.
Mr. Haruna Iddrisu 11:50 a.m.
Mr. Speaker, with respect clause 17(3), I do have a problem and would want to move an amendment subject to a satisfactory explanation by the Ministry of Finance. If it says that “The rate of inflation in subsection (2) shall be the official rate of inflation given by the Bank of Ghana,” are we suggesting that there are different levels of inflation? Two, I want to find out why it is not the Ghana Statistical Service but the Bank of Ghana. More importantly why would we not leave that to the actuaries of the insurance company and would want a determination done by the Bank of Ghana, not even by the Ghana Statistical Service? If there is any explanation. I would want to further move for a deletion of the whole of clause (3) - subject to an explanation by the Deputy Minister for Finance and Economic Planning.
Mr. Chireh 11:50 a.m.
Mr. Speaker, the construction on clause (23) says, and with your permission I quote:
“An applicant does not qualify to be issued with a licence to carry on insurance business unless the Commissioner is satisfied that . . .”
And then there is (a) - the applicant. So I am saying that we should say that we delete the (a) and you have (b): “a person who has a share or an interest in the applicant . . .” This is because “(a) the applicant” has no meaning.
Nii Adu Mante: Mr. Speaker, if my good Friend had read the whole clause, and taken note of the last paragraph which reads: “. . . is a fit and proper person to carry on business”, he would have realized that “the applicant” there is proper
and that there is no need to add other words because that has already been captured at the last line of clause 23; otherwise it may read like this:
“(a) the applicant is a fit and proper person to carry on business.”
Mr. Speaker, I so advise him to always be careful and take his time reading such clauses, since he is a new lawyer.
Mr. Mante 11:50 a.m.
Mr. Speaker, I think if my good Friend had come with notice, of

this suggestion, we would have sat down to deliberate on it. As of now, we cannot make headway on this suggestion. So I suggest that we step it down for further clarification on it.
Mr. Chireh 11:50 a.m.
Mr. Speaker, I withdraw.
Clause 23 ordered to stand part of the Bill.
Clauses 24 to 26 ordered to stand part of the Bill.
Clause 27 - Submission of licence to Commission.
Nii Adu Mante: Mr. Speaker, I beg to move, clause 27, subclause (1), paragraph (c), at end add “for a stated reason”, so that the whole clause would read as follows:
“An insurer shall submit its licence to the Commission where
(c) i t is required by the Commission to do so for a stated reason.”
This is the way your Committee thinks it should be captured.
Question put and amendment agreed to.
Clause 27 as amended ordered to stand part of the Bill.
Mr. Speaker 11:50 a.m.
Alright, we defer clause 17 for the time being.
Clauses 18 - 22 ordered to stand part of the Bill.
Clause 23 Persons not qualified to be issued with insurance licence.
Mr. Chireh 11:50 a.m.
Mr. Speaker, the spelling of “pecuniary” there is wrong. I looked it up in the dictionary and there is no “r” there. It should be corrected wherever it appears in this Bill.
Mr. Mante 11:50 a.m.
Mr. Speaker, initially we proposed an amendment to this clause, paragraph (d), to insert the word “principal.” But Mr. Speaker, after consultation with the Commissioner, I have come to the conclusion that the word “principal” must be taken out. So the rendition would still remain as it is captured in the Bill itself. For that reason, we are withdrawing the proposed amendment.
Amendment by leave withdrawn.
Mr. Speaker 11:50 a.m.
I am sure this is a matter for the draftsperson.
Clauses 28 to 31 ordered to stand part of the Bill.
Clause 32 - Notice of refusal to grant application.
Mr. Chireh 11:50 a.m.
Mr. Speaker, if you see the construction on clause (23), says, and with your permission I quote:
“An applicant does not qualify to be issued with a licence to carry on insurance business unless the Commissioner is satisfied that, . . .”
And then there is (a) - the applicant. So I am saying that we should say that we elete the (a) and you have (b): “a person who has a share or an interest in the applicant . . .” This is because “(a) the applicant” has no meaning.
Mr. Mante 11:50 a.m.
Mr. Speaker, if my good Friend had read the whole clause, and taken note of the last paragraph which reads, “. . . is a fit and proper person to carry on business,” He would have
realized that “the applicant” there is proper and that there is no need to add other words because that has already been captured at the last line of clause 23; otherwise it may read like this: “(a) the applicant is a fit and proper person to carry on business.” Mr. Speaker, I so advise him to always be careful and take his time reading such clauses since he is a new lawyer.
Mr. Chireh noon
Mr. Speaker, if you look at the clause as it stands now, it reads:
“Where the Commission refuses to grant an application for a licence the Commission shall notify the applicant in writing of its refusal to grant the application stating the reasons.”
But I want time to be given to them and I am adding the words “within 30 days”.
Nii Adu Mante: Mr. Speaker, in
consultation with the Commissioner, I agree with the suggestion by my good Friend from Wa West.
Question put and amendment agreed
to.
Clause 32 as amended ordered to stand part of the Bill.
Clause 33 ordered to stand part of the Bill.
Clause 34 - Application for renewal.
Mr. Chireh noon
Mr. Speaker, I beg to
move clause 34, subclause (2) (d) delete and substitute as such:
“Be submitted to the Commissioner not later than a date that the Commission may by regulation determine”.
Because, the way it is here, you have three months before the date of expiry of the licence or a later date that the Commission permits. I think that it should be properly designated. So I am saying that “be
submitted to the Commissioner not later than a date that the Commission may by regulation determine”.
Nii Adu Mante: Mr. Speaker, I
disagree entirely with my good Friend from Wa West. The way it has been captured in the Bill should be maintained. What is being suggested by my good Friend may mean that the Commissioner may not be able, because the suggestion is that he should wait till a subsidiary legislation is passed before she can act. Mr. Speaker, we want to have it captured in the main body of the Act so that he can act swiftly.
Mr. Chireh 11:50 a.m.
Mr. Speaker, I withdraw. Clause 23 ordered to stand part of the
Bill.
Clauses 24 - 26 ordered to stand part of the Bill.
Clause 27 - Submission of licence to Commission.
Mr. Chireh noon
Mr. Speaker, what I am
saying is that I have no problem with the main Act. If you want to specify a date, I have no problem with that. But I think that if it is something that has to be determined by the Board of the Commission, fine; then you determine it and everybody knows it. But it is not that it is three months prior or after or when they decide. It must be determinate and I am saying that if you are definite about the time, fine. But not two dates. Which one are we supposed now to say it is? So I still suggest that we go by my amendment.
Question put and amendment negatived.
Clause 35 ordered to stand part of the Bill.
Clause 36 - Prohibition of unlicensed business.
Mr. Mante 11:50 a.m.
Mr. Speaker, I beg to move, that clause 27, subclause (1) paragraph (c) at end add “for a stated reason”, so that the whole clause would read as follows:
“An insurer shall submit its licence to the Commission where
(c) i t is required by the Commission to do so for a stated reason.”
This is the way your Committee thinks it should be captured.
Question put and amendment agreed to.
Clause 27 as amended ordered to stand part of the Bill.
Mr. Chireh noon
Mr. Speaker, the reference made in clause 36 to subsection 53 (2) is wrong; it should be 53 (3). So instead delete Section 53 (2) and substitute Section 53 (3). Because if you look at clause 53 (3) of the Bill, that is where the reference is made, and it is: “The Commissioner may, by written notice, exempt reinsurance contracts of a type specified in the notice from the requirements for approval under subsection (1).” But what they are saying, they are referring to subsection (2) which is completely different.

Nii Adu Mante: Mr. Speaker, I agree

with the proposition suggested by my good Friend from Wa West, that it should read 53 (3).

Question put and amendment agreed

to. Clause 36 as amended ordered to stand

part of the Bill.

Clause 37 - Restriction on contract office of offshore insurer.
Mr. Chireh 11:50 a.m.
Mr. Speaker, the spelling of “pecuniary” there is wrong. I looked it up in the dictionary and there is no “r” there. It should be corrected wherever it

appears in this Bill.
Mr. Chireh noon
Mr. Speaker, if you look
at the head note and what is captured in the main clause, I propose that instead of “office of offshore”, it should be “restriction on contract with offshore insurer”, because that is what is captured in the main clause.
Mr. Speaker 11:50 a.m.
I am sure this is a matter for the draftsperson.
Clauses 28 - 31 ordered to stand part of the Bill.
Clause 32 - Notice of refusal to grant application.
Mr. Chireh noon
Mr. Speaker, if you look at the clause as it stands now, it reads “Where the Commission refuses to grant an application for a licence the Commission shall notify the applicant in writing of its refusal to grant the application stating the reasons.”
But I want time to be given to them and I am adding the words “within 30 days”.
Nii Mante: Mr. Speaker, in consultation
with the Commissioner, I agree with the suggestion by my good Friend from Wa West.
Question put and amendment agreed
to.
Clause 32 as amended is ordered to stand part of the Bill.
Clause 33 ordered to stand part of the Bill.
Clause 34 - Application for renewal.
Mr. Speaker noon
Chairman of Committee, what do you say to that?
Nii Adu Mante: Mr. Speaker, I may plead with you to step it down for us to look at it carefully.
Mr. Chireh noon
Mr. Speaker, I beg to
move clause 34 subclause (2) (d) delete and substitute as such. “Be submitted to the Commissioner not later than a date that the Commission may by regulation determine”. Because, the way it is here, you have three months before the date of expiry of the licence or later date that the Commission permits. I think that it should be properly designated. So I am saying
that “be submitted to the Commissioner not later than a date that the Commission may by regulation determine”.
Nii Adu Mante: Mr. Speaker, I
disagree entirely with my good Friend from Wa West. The way it has been captured in the Bill should be maintained. What is being suggested by my good Friend may mean that the Commissioner may not be able, because the suggestion is that he should wait till a subsidiary legislation is passed before she can act. Mr. Speaker, we want to have it captured in the main body of the Act so that he can act swiftly.
Mr. Speaker noon
It is stood down.
Clause 38 - Authorization to enter into contract of insurance with offshore insurer.
Mr. James Appietu-Ankrah noon
Mr.
Speaker, I beg to move, clause 38 add a new subclause as follows:
“A person who is issued such authorization under subsection (2) shall pay . . .”
Mr. Speaker, with your permission, here I want to make a slight change -- “shall pay a premium to be determined by the Commission” so that the exact amount to be paid or percentage to be paid would be in the legislative instrument (L.I.).
Mr. Chireh noon
Mr. Speaker, what I am
saying is that I have no problem with the main Act. If you want to specify a date, I have no problem with that. But I think that if it is something that has to be determined by the Board of the Commission, fine; then you determine it and everybody knows it. But it is not that it is three months prior or after or when they decide. It must be determinate and I am saying that if you are definite about the time, fine. But not two dates. Which one are we supposed now to say it is? So I still suggest that we go by my amendment.
Question put and amendment negatived.
Clause 35 ordered to stand part of the Bill.
Clause 36 - Prohibition of unlicensed business.
Mr. Speaker noon
You are deleting “10 per
cent of the eligible”?
Mr. Chireh noon
Mr. Speaker, the reference made in clause 36 to subsection 53 (2) is wrong; it should be 53 (3). So instead delete Section 53 (2) and substitute Section 53 (3). Because if you look at clause 53 (3) of the Bill that is where the reference is made, and it is: “The Commissioner may, by written notice, exempt reinsurance contracts of a type specified in the notice from the requirements for approval under subsection (1).” But what they are saying,

they are referring to subsection (2) which is completely different.

Nii Adu Mante: Mr. Speaker, I agree

with the proposition suggested by my good Friend from Wa West, that it should read 53 (3).

Question put and amendment agreed

to. Clause 36 as amended ordered to stand

part of the Bill.

Clause 37 - Restriction on contract office of offshore insurer.
Mr. Chireh noon
Mr. Speaker, if you look
at the head note and what is captured in the main clause, I propose that instead of “office of offshore” it should be “restriction on contract with offshore insurer”, because that is what is captured in the main clause.
Mr. Appietu-Ankrah noon
Rightly so, Mr. Speaker.
Mr. Speaker noon
“Shall pay premium to be determined by the Commission”?
Mr. Speaker noon
Chairman of Committee, what do you say to that?
Nii Adu Mante: Mr. Speaker, I may plead with you to step it down for us to look at it carefully.
Mr. Speaker noon
It is stood down.
Clause 38 - Authorization to enter into contract of insurance with offshore insurer.
Mr. Appietu-Ankrah noon
Rightly so, Mr. Speaker.
Nii Adu Mante: Mr. Speaker, I entirely agree with the proposition for amendment suggested by the hon. Member.
Mr. James Appietu-Ankrah noon
Mr.
Speaker, I beg to move, clause 38 add a new subclause as follows: “A person who is issued such authorization under subsection (2) shall pay . . .”
Mr. Speaker, with your permission, here I want to make a slight change. “shall pay a premium to be determined by the Commission” so that the exact amount to be paid or percentage to be paid would be in the legislative instrument (L.I.)
Mr. Kenneth Dzirasah 12:10 p.m.
Mr. Speaker, it is not clear to me whether upon the determination of the premium to be paid by the Commission, that premium shall go to the Commission. If you marry that against the initial amendment that was proposed, it stipulates that the illegible premium should be paid to the Commission. Is it also going to be paid to the Commission? We need to know whether it is the source of revenue for the Commission otherwise, he has to explain that.
Mr. Speaker noon
You are deleting “10 per
cent of the eligible”?
Mr. Appietu-Ankrah 12:10 p.m.
Mr. Speaker, it is supposed to be revenue for the Commission.
Mr. Appietu-Ankrah noon
Rightly so, Mr. Speaker.
Mr. Dzirasah 12:10 p.m.
Mr. Speaker, then he has to explain why it should be revenue for the Commission, whether the Commission itself was part of the recommendations that became the law which we are considering now; and whether we are placing ourselves in a position where we should be raising revenue for the Commission when they have not asked for it.
Let us not forget the fact that insurance companies are running a risk and they are faced with a number of difficulties and if ten per cent of a premium should go to the Commission, then we must know whether it is the Commission that is asking for it or we are voluntarily offering it to the Commission. Otherwise, I am opposed to

the amendment.
Mr. Speaker noon
“Shall pay premium to be determined by the Commission”?
Mr. Appietu-Ankrah 12:10 p.m.
Mr. Speaker, I think I did say earlier on that the amount to be paid would be determined normally in consultation with the insurance industry. That was why I withdrew the ten per cent premium.
Mr. Appietu-Ankrah noon
Rightly so, Mr. Speaker.
Nii Adu Mante: Mr. Speaker, I entirely agree with the proposition for amendment suggested by the hon. Member.
Mr. Dzirasah 12:10 p.m.
Mr. Speaker, that does not detract from the argument I am making. Finally, the Commission could decide to charge ten per cent. But I am talking about the creation of this commission for the Commission. On what grounds are we creating it? They have not asked for it at the level of the legislative drafting and we are creating it for them. Even though we have the authority to do it, it must be at the prompting of the Commission. If it is yes, then they must explain why they are asking for it.
Mr. Speaker 12:10 p.m.
Chairman of the Committee, what do you say?
Nii Adu Mante: I think my good Friend there is referring to clause 38 and not 48. If my hon. Friend for South Tongu may look at clause 38, the suggestion made by the other Member here, is that there must be a fund. In fact, under clause 193 of the Bill, a fund is to be created. So he is talking of revenue that will go into this fund; that is what he is talking about in his proposal in his amendment to 38 and not 48. He may have to look at clause 48 again; but then he is talking of clause 38 so I may ask my good Friend to look at clause 38 and not clause 48.
Mr. Kenneth Dzirasah 12:10 p.m.
Mr. Speaker, it is not clear to me whether upon the determination of the premium to be paid by the Commission, that premium shall go to the Commission. If you marry that against the initial amendment that was proposed, it stipulates that the illegible premium should be paid to the Commission. Is it also going to be paid to the Commission? We need to know whether it is the source of revenue for the Commission otherwise, he has to explain that.
Mr. Speaker 12:10 p.m.
We have not yet come to clause 48.
Mr. James Appietu-Ankrah 12:10 p.m.
Mr. Speaker, it is supposed to be revenue for the Commission.
Mr. Dzirasah 12:10 p.m.
Mr. Speaker, that is very correct. If we go back to clause 18, the sources of the fund to the Commission are expressly stated and it appears that this amendment is making an addition to
the sources of funds for the Commission. And I am simply asking whether it is the Commission that decides that we add it to it. Because if we overburden the insurance companies with levies and so many of those things, they will go into distress. So if the Commission can do comfortably without this, I think that this House should not put pressure or burden on the insurance industry.
Mr. Dzirasah 12:10 p.m.
Mr. Speaker, then he has to explain why it should be revenue for the Commission, whether the Commission itself was part of the recommendations that became the law which we are considering now; and whether we are placing ourselves in a position where we should be raising revenue for the Commission when they have not asked for it. Let us not forget the fact that insurance companies are running risk and they are faced with a number of difficulties and if ten per cent of a premium should go to the Commission, then we must know whether it is the Commission that is asking for it or we are voluntarily

[NII ADU MANTE] offering it to the Commission. Otherwise, I am opposed to the amendment.
Mr. Speaker 12:10 p.m.
I think I have to put this Question in respect of clause 38.
Question put and amendment agreed to.
Clause 38 as amended ordered to stand part of the Bill.
Clauses 39 to 42 ordered to stand part of the Bill.
Clause 43 - Insurer to carry on business in accordance with business plan.
Nii Adu Mante: Mr. Speaker, clause 43, subclause (5), line 2, we are proposing an amendment by the insertion of the word “the” after “that”. So that it reads as follows:
“The Commission may refuse to approve an amended business plan or may approve it subject to the conditions that the Commission considers appropriate.”
Mr. Appietu-Ankrah 12:10 p.m.
Mr. Speaker, I think I did say earlier on that the amount to be paid would be determined normally in consultation with the insurance industry. That was why I withdrew the ten per cent premium.
Mr. Speaker 12:10 p.m.
So what are you adding or what are you deleting?
Nii Adu Mante: “the” between “that” and “Commission”.
Mr. Dzirasah 12:10 p.m.
Mr. Speaker that does not detract from the argument I am making. Finally, the Commission could decide to charge ten per cent. But I am talking about the creation of this commission for the Commission. On what grounds are we creating it? They have not asked for it at the level of the legislative drafting and we are creating it for them. Even though we have the authority to do it, it must be at the prompting of the Commission. If it is yes, then they must explain why they are asking for it.
Mr. Speaker 12:10 p.m.
That is a slip, that is an error.
Mr. Speaker 12:10 p.m.
Chairman of the Committee, what do you say?
Mr. Adu Mante 12:10 p.m.
I think my good Friend there is referring to clause 38 and not 48. If my hon. Friend for South Tongu may look at clause 38, the suggestion made by the other Member here, is that there must be a fund. In fact, under clause 193 of the Bill, a fund is to be created. So he is talking of revenue that will go into this fund; that is what he is talking about in his proposal in his amendment to 38 and not 48. He may have to look at clause 48 again; but then he is talking of clause 38 so I may ask my good Friend to look at clause 38 and not clause 48.
Mr. E. T. Mensah 12:10 p.m.
Mr. Speaker, there
Mr. Speaker 12:10 p.m.
We have not yet come to clause 48.
Mr. Dzirasah 12:10 p.m.
Mr. Speaker, that is very correct. If we go back to clause 18, the sources of the fund to the Commission are expressly stated and it appears that
this amendment is making an addition to the sources of funds for the Commission. And I am simply asking whether it is the Commission that decides that we add it to it. Because if we overburden the insurance companies with levies and so many of those things, they will go into distress. So if the Commission can do comfortably without this, I think that this House should not put pressure or burden on the insurance industry.
Mr. Speaker 12:10 p.m.
Clause?
Mr. E. T. Mensah 12:10 p.m.
Mr. Speaker, clause 33. I want to go back to clause 33, sir.
Mr. Speaker 12:10 p.m.
I think I have to put this Question in respect of clause 38.
Question put and amendment agreed to.
Clause 38 as amended stands part of the Bill.
Clause 43 - Insurer to carry on business in accordance with business plan.
Mr. Adu Mante 12:10 p.m.
Mr. Speaker, clause 43, subclause (5), line 2, we are proposing an amendment by the insertion of the word “the” after “that”. So that it reads as follows:
“The Commission may refuse to approve an amended business plan or may approve it subject to the conditions that the Commission considers appropriate.”
Mr. Speaker 12:10 p.m.
If it is going to help us in our discussion of these clause, fine, otherwise you may wish to come back. We can have a second Consideration Stage.
Mr. E. T. Mensah 12:10 p.m.
Sir, I think it will help us.
Mr. Speaker 12:10 p.m.
So what are you adding or what are you deleting?
Mr. Adu Mante 12:10 p.m.
“the” between “that” and “Commission”.
Mr. Speaker 12:10 p.m.
If it will help us, highlight it.
Mr. Speaker 12:10 p.m.
That is a slip, that is an error.
Mr. E. T. Mensah 12:10 p.m.
Mr. Speaker, clause 33 reads:
“A person aggrieved by the refusal of the Commission to grant an application for licence may within sixty days after the date of the notice of refusal appeal to the High Court.”
And when you look at article 23 of the Constitution, it states:
“Adminis t ra t ive bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal.”
Mr. Speaker, when you look at the State Proceedings Act, it is quite clear that this is a human rights issue and whoever is aggrieved can go to court straightaway. When you look at State Proceedings Act (Act 55), it gives 30 days' notice but we are suggesting 60 days' notice here; so there is a contradiction between this clause and the
constitutional provision. And that is what I want to draw your attention to.
Mr. E. T. Mensah 12:10 p.m.
Mr. Speaker, there
Mr. Speaker 12:20 p.m.
Noted, please come properly.
Clause 43 ordered to stand part of the Bill.
Clauses 44 to 46 ordered to stand part
of the Bill.
Clause 47 -- Authorization to open an
offshore office.
Mr. Chireh 12:20 p.m.
Mr. Speaker, if you look
at clause 47, subclause (2), it reads, “An insurer that contravenes subsection (1) commits an offence” and that is all. I think that just like the drafters themselves put in each of the offending or contravening clauses, we should add, “and is liable on conviction to the penalty stated in the first schedule” which is what has been repeated. And if this is agreed upon, then it means that consequentially, all other things will go.
I have listed out all the subclauses in this particular instance so that we keep consistency in the law. Otherwise, we would have spelt it out in some and in others we would have not. As it stands now, it is a little bit ambiguous. So I urge the House to support this amendment and for it to be consequential also.
Nii Adu Mante: Mr. Speaker, the way it has been captured in the Bill causes no harm. After all, the schedule has been stated in the Bill from pages 89 onwards. But as I am saying, it is no harm capturing the amendment so proposed by my good Friend.
Mr. Speaker 12:10 p.m.
Clause?
Mr. Speaker 12:20 p.m.
It is acceptable to you?
Nii Adu Mante: Yes, Mr. Speaker.
Mr. Opare-Hammond 12:20 p.m.
Mr. Speaker,

I want to support my good Friend from Wa West.

Mr. Speaker, at various clauses of the Bill, we have stated the offence and its penalty in the Schedule. So in this instance, I do not know why we want to just leave it like that. I think it is appropriate that all such situations will make reference to the penalty and its place in the Schedule. Therefore, I would want to support the amendment that we should remove this particular clause or include the penalty and the place where we can find it in the first Schedule.

Mr. Speaker, I want to support the amendment.
Mr. E. T. Mensah 12:10 p.m.
Mr. Speaker, clause 33. I want to go back to clause 33 Sir.
Mr. Speaker 12:10 p.m.
If it is going to help us in our discussion of these clause fine, otherwise you may wish to come back. We can have a second Consideration Stage.
Mr. Inusah Fuseini 12:20 p.m.
Mr. Speaker,
I think that the amendment clears any ambiguity that might arise as a result of a contravention of clause 47 (1). Mr. Speaker, that has been repeated in subsequent clauses, especially in clauses 49 (4), 50 (2), where reference is made to the first Schedule. What the amendment is seeking to do is to refer punishment under clause 47 (1) to the Schedule. As it is now, there is no reference to the Schedule.
So Mr. Speaker, I think that the amendment is good, it will clear any lingering doubts in the minds of anybody who contravenes the rule and it will help - [Interruption] - Very well, Mr. Speaker, I support the amendment.
Mr. E. T. Mensah 12:10 p.m.
Sir, I think it will help us.
Mr. William O. Boafo 12:20 p.m.
Mr. Speaker,
if one looks at clause 203 on page 80 of the Bill - “Penalties for contraventions and offences”, that provision should have captured everything and it would not have been necessary for the draftsman to repeat that he shall be liable on conviction to the prescription under the First Schedule. Mr. Speaker, with your permission, if I may read:
“A person who contravenes a provision of this Act or commits an offence under the section specified in column 1 of the First Schedule is liable on summary conviction or by
way of pecuniary penalty . . .”
Mr. Speaker, this takes care of the anxieties being expressed by the hon. Member from Wa West because in the true interpretation of an Act we do not read the clauses in isolation. If we want the true meaning of an Act we read it in its entirety to get the meaning; you put the whole thing together and get the meaning and its effects. If you read them in isolation then you would be misleading any tribunal and this is one of the rules of interpretation.
Mr. Speaker 12:10 p.m.
If it will help us, highlight it.
Mr. Chireh 12:20 p.m.
Mr. Speaker, I read
clause 203 and in it, it specifies what he is saying. But you see, if you are also making laws, you must be consistent in your law making. If you start off by citing the same things in some of the clauses then you leave some of them. And in any case, what we are saying is that you must point the reference to the Schedule and the First Schedule.
There are some clauses in this Bill to which we should necessarily have sanctions; they have not put them there. But if we say somebody commits an offence and you leave it at that and go to another clause - That clause he is talking about, yes, it now explains the method. Indeed, when I saw the Schedule as against the Recommendations, I was tempted to say what he is saying is correct; but I do not agree because they have profusely repeated the same phrase in almost all the other places except a few and that is why I am saying we should be consistent in the law making.
If he recommends that we remove it entirely and refer everything to clause 203, fine. But so long as we have approved some of them, particularly clause 27, that is where we started with the thing, so we should look at it and that is the consistency that I am urging this House to agree with me on.
Mr. Okerchiri 12:20 p.m.
Mr. Speaker, but
Mr. E. T. Mensah 12:10 p.m.
Mr. Speaker, clause 33 reads -
“A person aggrieved by the refusal of the Commission to grant an application for licence may within sixty days after the date of the notice of refusal appeal to the High Court.”
And when you look at article 23 of the Constitution, it states:
“Adminis t ra t ive bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal.”
Mr. Speaker, when you look at the State Proceedings Act, it is quite clear that this is a human rights issue and whoever is aggrieved can go to court straightaway. When you look at State Proceedings Act (Act 55), it gives 30 days' notice but we are suggesting 60 days' notice here; so there is a contradiction between this clause and the
constitutional provision. And that is what I want to draw your attention to.
Mr. Speaker 12:20 p.m.
Noted, please come properly.
Clauses 39 - 46 ordered to stand part
of the Bill.
Clause 47 -- Authorization to open an
offshore office
Mr. Chireh 12:20 p.m.
Mr. Speaker, if you look
at clause 47, subclause (2), it reads, “An insurer that contravenes subsection (1) commits an offence” and that is all. I think that just like the drafters themselves put in each of the offending or contravening clauses, we should add, “and is liable on conviction to the penalty stated in the first schedule” which is what has been repeated. And if this is agreed upon, then it means that consequentially, all other things will go. I have listed out all the subclauses in this particular instance so that we keep consistency in the law. Otherwise, we would have spelt it out in some and in others we would have not. As it stands now, it is a little bit ambiguous.
So I urge the House to support this amendment and for it to be consequential also.
Nii Adu Mante: Mr. Speaker, the way it has been captured in the bill causes no harm. After all, the schedule has been stated in the Bill from pages 89 onwards. But as I am saying, it is no harm capturing the amendment so proposed by my good friend.
Mr. Chireh 12:20 p.m.
Mr. Speaker, I beg
to move, clause 48, head notes, delete “disposition” and substitute “disposal”. The word “disposition”, is not legal at all. “Disposition” means something com- pletely different; it is to be “disposal” and I recommend that we change “disposition” to “disposal”. I beg to move.
Nii Adu Mante: Mr. Speaker, I so
agree with my good Friend from Wa West.
Question put and amendment agreed to.
Mr. Speaker 12:20 p.m.
Yes, hon. Member for Wa West again? You are seeking to amend clause 48 (3) (a), line (1)?
Mr. Speaker 12:20 p.m.
It is acceptable to you?
Nii Adu Mante: Yes, Mr. Speaker.
Mr. Opare-Hammond 12:20 p.m.
Mr. Speaker,
I want to support my good Friend from

Wa West. Mr. Speaker, at various clauses of

the Bill, we have stated the offence and its penalty in the Schedule. So in this instance, I do not know why we want to just leave it like that. I think it is appropriate that all such situations will make reference to the penalty and its place in the Schedule. Therefore, I would want to support the amendment that we should remove this particular clause or include the penalty and the place where we can find it in the first Schedule.

Mr. Speaker, I want to support the amendment.
Mr. Chireh 12:30 p.m.
Mr. Speaker, it is consequential because once you change that one, the wording would also change in the line.
Question put and amendment agreed to.
Alhaji Inusa Fuseini 12:20 p.m.
Mr. Speaker,
I think that the amendment clears any ambiguity that might arise as a result of a contravention of clause 47(1). Mr. Speaker, that has been repeated in subsequent clauses, especially in clauses 49(4), 50(2), where reference is made to the first Schedule. What the amendment is seeking to do is to refer punishment under clause 47(1) to the Schedule. As it is now, there is no reference to the Schedule.
So Mr. Speaker, I think that the amendment is good, it will clear any lingering doubts in the minds of anybody who contravenes the rule and it will help - [Interruption] - Very well, Mr. Speaker, I support the amendment.
Mr. Speaker 12:30 p.m.
All right, hon. Member
for Lower West Akim, you may move your amendment.
Mr. Appietu-Ankrah 12:30 p.m.
Mr. Speaker,
I beg to move, clause 48, subclause (6) delete “Commissioner” and substitute “Commission”.
So it would read:
“An approval under subsections (1), (2) or (3) may be granted by the Commission on such terms and conditions as the Commissioner considers appropriate.”
Mr. William Boafo 12:20 p.m.
Mr. Speaker,
if one looks at clause 203 on page 80 of the Bill “Penalties for contraventions and offences,” that provision should have captured everything and it would not have been necessary for the draftsman to repeat that he shall be liable on conviction to the prescription under the First Schedule. Mr. Speaker, with your permission, if I may read:
“A person who contravenes a provision of this Act or commits an offence under the section specified in column 1 of the First Schedule is liable onsummary conviction or by way of pecuniary penalty . . .”
Mr. Speaker, this takes care of the anxieties being expressed by the hon. Member from Wa West because in the true interpretation of an Act we do not read the clauses in isolation. If we want the true meaning of an Act we read it in its entirety to get the meaning; you put the whole thing together and get the meaning and its effects. If you read them in isolation then you would be misleading any tribunal and this is one of the rules of interpretation.
Mr. Speaker 12:30 p.m.
Chairman of the
Committee, what do you say to that?
Nii Adu Mante: Mr. Speaker, I agree
with the amendment since the decision would be taken by the Board of the Commission and not the Commissioner herself or himself. It is a collective decision so I think it is appropriate.
Question put and amendment agreed to.
Mr. Chireh 12:20 p.m.
Mr. Speaker, I read
clause 203 and in it, it specifies what he is saying. But you see, if you are also making laws, you must be consistent in your law making. If you start off by citing the same things in some of the clauses then you leave some of them. And in any case, what we are saying is that you must point the reference to the Schedule and the First Schedule.
There are some clauses in this Bill to which we should necessarily have sanctions; they have not put them there. But if we say somebody commits an offence and you leave it at that and go to another clause - That clause he is talking about, yes, it now explains the method. Indeed, when I saw the Schedule as against the Recommendations, I was tempted to say what he is saying is correct; but I do not agree because they have profusely repeated the same phrase in almost all the other places except a few and that is why I am saying we should be consistent in the law making.
If he recommends that we remove it entirely and refer everything to clause 203, fine. But so long as we have approved some of them, particularly clause 27, that is where we started with the thing, so we should look at it and that is the consistency that I am urging this House to agree with me on.
Mr. Okerchiri 12:20 p.m.
Mr. Speaker, but for clause 47(1)(2) there is absolute consistency. If you look at clause 46(3),
Mr. Appietu-Ankrah 12:30 p.m.
Mr. Speaker, I beg to move, clause 48, subclause (7), add “and is liable to pay to the Commission the pecuniary penalty stated in the First Schedule”.
This amendment is just like what the hon. Member for Wa West proposed, just that we suggested that for clause 47 - and I wish that we add:

“and is l iable to pay to the Commission the pecuniary penalty stated in the First Schedule.”

Nii Adu Mante: Mr. Speaker, may I get the clarification whether he is therefore withdrawing since that has already been proposed by the hon. Member for Wa West.
Mr. Speaker 12:30 p.m.
I do not think he is withdrawing it. He is not withdrawing it; he wants consistency. That is what he wants. Do you oppose this amendment.
Nii Adu Mante: Mr. Speaker, I do not.
Question put and amendment agreed to.
Clause 48 as amended ordered to stand part of the Bill.
Nii Adu Mante: Mr. Speaker, clause 49 -- there is no subclause (5) -- line 2 -- so we are withdrawing that and then advert our minds to the head notes.

Nii Adu Mante: Mr. Speaker, I beg

to move, clause 49, head notes, delete “senior” and substitute “principal”.

Question put and amendment agreed to.

Clause 49 as amended ordered to stand

part of the Bill.

Clause 50 - Termination of appoint-

ment of directors and senior officers of an insurer.

Nii Adu Mante: Mr. Speaker, I beg

to move, clause 50, head notes, delete “senior”and substitute “principal”.

Mr. Speaker, this is for clarity.

Question put and amendment agreed to.

Clause 50 as amended ordered to stand part of the Bill.
Mr. Inusah Fuseni 12:30 p.m.
Mr. Speaker, sorry for taking us back. Mr. Speaker, I think there is an amendment that the Chairman did not advert his mind to. It is consequential upon the amendment on the head notes, and that is clause 50 (1) where it says: “Where an insurer terminates the appointment of a director or a member of senior management staff”. I think that there should be an amendment there to correspond with - [Interruption.]
Clauses 51 and 52 ordered to stand part of the Bill.
Clause 53 - Approval of licensee's reinsurance arrangements by Commission.
Nii Adu Mante: Mr. Speaker, I beg to move, clause 53, subclause (2), delete.
Mr. Speaker, we are deleting the whole of subclause (2) of clause 53 since it does not accord with the principle of opening up the market to competition. This is the main reason why we are deleting the whole of subclause (2) of clause 53.
Question put and amendment agreed to.
Mr. J. Y. Chireh 12:20 p.m.
Mr. Speaker,
I beg to move clause 48, the Head- notes delete “disposition” and substitute “disposal”. The word “disposition,” is not legal at all. “Disposition” means something completely different; it is to be “disposal” and I recommend that we change “disposition” to “disposal.” I beg to move.
Nii Adu Mante: Mr. Speaker, I so
agree with my good Friend from Wa West.
Question put and amendment agreed to.
Mr. William Ofori Boafo 12:30 p.m.
Mr. Speaker, as a result of the deletion of clause 53 (2), may I draw your attention to clause 36 (4) (b). The hon. Member for Wa West moved an amendment by substituting clause 53 (2) for 53 (3) but now clause 53 (3) would read clause 53 (2), so if that consequential correction can be taken into account. Earlier on, we had amended clause 36 (4) (b) by substituting section 53 (3) for section 53 (2); now we
Mr. Speaker 12:20 p.m.
Yes, hon. Member for Wa West again? You are seeking to amend clause 48(3)(a), line (1)?
Mr. Yieleh-Chireh 12:30 p.m.
Mr. Speaker, it is consequential because once you change that one the wording would also change in the line.
Question put and amendment agreed to.
Mr. Speaker 12:30 p.m.
This will be for the draftsmen.
Mr. Speaker 12:30 p.m.
Alright, hon. Member
for Lower West Akyem, you may move your amendment.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I beg to move, clause 53, head notes, delete “licensee's”.
I t is absolutely unnecessary - approval of reinsurance arrangements by Commission.
Nii Adu Mante: Mr. Speaker, the head note from which my good Friend is seeking to delete the word “licensee”, I have not gotten the actual import of his reason for so doing, if he can repeat that.
Mr. Appietu-Ankrah 12:30 p.m.
Mr. Speaker,
I beg to move, clause 48 subclause (6) delete “Commissioner” and substitute “Commission”
So it would read:
“An approval under subsections (1), (2) or (3) may be granted by the Commission on such terms and conditions as the Commissioner considers appropriate”.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I think the import of the whole thing is the approval that the Commission would give for reinsurance arrangement by insurance companies; and definitely they are not going to approve any reinsurance arrangement for any unlicensed insurance company. So I think that it is just superfluous to say that the approval will be given to licensees.
Mr. Speaker 12:30 p.m.
Chairman of the
Committee, what do you say to that?
Nii Adu Mante: Mr. Speaker, I agree
with the amendment since the decision would be taken by the Board of the Commission and not the Commissioner herself or himself. It is a collective decision so I think it is appropriate.
Question put and amendment agreed to.
Mr. Speaker 12:40 p.m.
You want to have “approval of reinsurance arrangements”, omitting “licensees”?
Mr. Appietu-Ankrah 12:30 p.m.
Mr. Speaker, I beg to move, Clause 48 subclause (7) add “and is liable to pay to the commission the pecuniary penalty stated in the First Schedule”.
This amendment is just like what the hon. Member for Wa West proposed just that we suggested that for clause 47 and I wish that we add,
“and is l iable to pay to the

commission the pecuniary penalty stated in the First Schedule”.

Nii Adu Mante: Mr. Speaker, may I get the clarification whether he is therefore withdrawing since that has already been proposed by the hon. Member for Wa West.
Mr. Speaker 12:30 p.m.
I do not think he is withdrawing it. He is not withdrawing it; he wants consistency. That is what he wants. Do you oppose this amendment.
Nii Adu Mante: Mr. Speaker, I do not.
Question put and amendment agreed to.
Clause 48 as amended ordered to stand part of the Bill
Nii Adu Mante: Mr. Speaker, clause 49 -- there is no subclause (5) -- line 2 -- so we are withdrawing that and then advert our minds to the head notes.

Nii Adu Mante: Mr. Speaker, I beg

to move, clause 49 head notes, delete “senior” and substitute “principal”

Question put and amendment agreed to.

Clause 49 as amended ordered to stand

part of the Bill.

Clause 50 - Termination of appoin-

ment of directors and senior officers of an insurer.

Nii Adu Mante: Mr. Speaker, I beg

to move, clause 50 head notes, delete “senior”and substitute “principal

Mr. Speaker, this is for clarity.

Question put and amendment agreed

to.

Clause 50 as amended ordered to stand part of the Bill
Mr. Appietu-Ankrah 12:40 p.m.
Yes, Mr. Speaker.
Nii Adu Mante: Mr. Speaker, we are dealing with a highly technical matter and I may want to seek further clarification on this issue with the National Insurance Company (NIC). So if I may ask that we stand it down.
Mr. Speaker 12:40 p.m.
Well, we will do so, we will stand it down. There is a further amendment, hon. Member for Lower West Akim.
Mr. Fuseini Inusah 12:30 p.m.
Mr. Speaker, sorry for taking us back. Mr. Speaker, I think there is an amendment that the Chairman did not advert his mind to. It is consequential upon the amendment on the head notes, and that is clause 50 (1) where it says: “Where an insurer terminates the appointment of a director or a member of senior management staff”. I think that there should be an amendment there to correspond with - [Interruption] --
Clauses 51 and 52 ordered to stand part of the Bill.
Clause 53 - Approval of licensee's reinsurance arrangements by Commission
Nii Adu Mante: Mr. Speaker, I beg to move, clause 53 subclause (2), delete.
Mr. Speaker, we are deleting the whole of subclause (2) of clause 53 since it does not accord with the principle of opening up the market to competition. This is the main reason why we are deleting the whole of subclause (2) of clause 53.
Question put and amendment agreed to.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I beg to move, clause 53, subclause (2), delete and substitute the following:
“Without limiting subsection (1) an insurer's reinsurance arrangements shall have regard to the local capacity available to insure the risk before recourse to overseas, reinsurance.”
Nii Adu-Mante: Mr. Speaker, I beg to stand it down.
Mr. William Ofori Boafo 12:30 p.m.
Mr. Speaker, as a result of the deletion of clause 53 (2) may I draw your attention to clause 36 (4) (b). The hon. Member for Wa West moved an amendment by substituting clause 53 (2) for 53(3) but now clause 53 (3) would read clause 53 (2), so if that consequential correction can be taken into account. Earlier on, we had amended clause 36 (4) (b) by substituting section 53 (3) for section 53 (2); now we are deleting clause 53 (2) entirely. So clause 53(3) now becomes clause 53(2) so that should be
Mr. Speaker 12:40 p.m.
You want us to stand down the whole of clause 53. All right.
Clause 54 ordered to stand part of the Bill.
Clause 55 - Reinsurance of risk outside the country.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I beg to move, clause 55, subclause (1), line 1, delete “as a reinsurer”.
Mr. Speaker 12:30 p.m.
This will be for the draftsmen.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I beg to move, Clause 53 head notes, delete “licensee's”.
I t is absolutely unnecessary - approval of re-insurance arrangements by commission.
Nii Adu-Mante: Mr. Speaker, the head note from which my good Friend is seeking to delete the word “licensee”, I have not gotten the actual import of his reason for so doing, if he can repeat that.
Mr. Speaker, if you look at the rendition in 55 (1) 12:40 p.m.
“An insurer shall not enter into any contract of reinsurance as a reinsurer with any person other than another insurer . . .” It is so verbose, so I beg to move, that subclause (1), line 1, delete “as re- insurer” to read:
“An insurer shall not enter into any contract of reinsurance with any person other than another insurer whose licence is restricted to the re-insurance business.”
Nii Adu Mante: Mr. Speaker, the hon. Member is proposing a different amendment altogether to clause 55, as he
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I think the import of the whole thing is the approval that the Commission would give for reinsurance arrangement by insurance companies and definitely they are not going to approve any reinsurance arrangement for any unlicensed insurance company. So I think that it is just superfluous to say that the approval will be given to licensees.
Mr. Speaker 12:40 p.m.
All right. You may also move your own amendment.
Nii Adu Mante: Mr. Speaker, I beg to move, clause 55, add a new subclause as follows:
“An insurer or reinsurer shall utilize all available local capacity in all insurance business originating from the local market before recourse to any overseas reinsurance.”
Mr. Speaker, your Committee proposes a new amendment in subclause (3) of clause 55.
Mr. Speaker, this amendment is necessary to avoid a possible capital flight resulting from the opening of the re-insurance market. Mr. Speaker, I so recommend.
Mr. Speaker 12:40 p.m.
You want to have “approval of reinsurance arrangements,” omitting “licenceessing”?
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I suppose that the Chairman of the Finance Committee is just coming back to the amendment that I moved which he said he wanted stood down for us to look at.
Mr. Appietu-Ankrah 12:40 p.m.
Yes, Mr. Speaker.
Nii Adu-Mante: Mr. Speaker, we are dealing with a highly technical matter and I may want to seek further clarification on this issue with the National Insurance Company (NIC). So if I may ask that we stand it down.
Mr. Speaker 12:40 p.m.
Now, what do you say to this? Are you opposing this amendment?
Mr. Speaker 12:40 p.m.
Well, we will do so, we will stand it down. There is a further amendment, hon. Member for Lower
West Akim.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I beg to move, Clause 53 sinclause (2) delete and substitute the following:
“Without limiting subsection (1) an insurer's reinsurance arrangements shall have regard to the local capacity available to insure the risk before recourse to overseas reinsurance.
Nii Adu-Mante: Mr. Speaker, I beg to stand it down.
Mr. Appietu-Ankrah 12:40 p.m.
I think that it is the same amendment that he asked that it should be stood down for us to look at.
Mr. Speaker 12:40 p.m.
So you are suggesting that we stand it down?
Mr. Speaker 12:40 p.m.
You want us to stand down the whole of clause 53, Alright.
Clause 54 ordered to stand part of the Bill.
Clause 55 - Reinsurance of risk outside the country.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I beg to move, clause 55 subclause (1), line 1delete “as a reinsurer”
Mr. Appietu-Ankrah 12:40 p.m.
Exactly so,
Mr. Speaker.
Mr. Speaker, if you look at the rendition in 55(1) 12:40 p.m.
“An insurer shall not enter into any contract of reinsurance as a re-insurer with any person other than another insurer . . .” -- It is so verbose, so I beg to move that subclause (1), line 1, delete “as re- insurer” to read:
“An insurer shall not enter into any contract of re-insurance with any person other than another insurer whose licence is restricted to the re-insurance business.”
Nii Adu-Mante: Mr. Speaker, the hon. Member is proposing a different amendment altogether to clause 55, as he has suggested. So I think I may have to look at the whole amendment with him again; the suggestion is quite different
Mr. Speaker 12:40 p.m.
All right, that is all right. Amendment stood down.
Clauses 56 to 58 ordered to stand part of the Bill.
Clause 59 - Obligations of actuary.
Mr. J. Y. Chireh 12:40 p.m.
Mr. Speaker, my amendment is very small.
Mr. Speaker, I beg to move, clause 59,
subclause (7), line 2, insert “first” before “Schedule”. “First” has been omitted in the first line.
Mr. Speaker, if the drafters can take note; and it should reflect -- because it keeps recurring.
Mr. Speaker 12:40 p.m.
I am sure this is for the draftsmen; they should take note of that.
Question put and amendment agreed to.
Clause 59 as amended ordered to stand part of the Bill.
Clauses 60 to 70 ordered to stand part of the Bill.
Clauses 71 to 84 ordered to stand part of the Bill.
Clause 85 - Insurer to appoint an auditor.
Mr. Speaker 12:40 p.m.
All right. You may also move your own amendment.
Nii Adu-Mante: Mr. Speaker, I beg to move,
Clause 55 add a new subclause as follows:
“An insurer or re-insurer shall utilize all available local capacity in all insurance business originating from the local market before recourse to any overseas re-insurance”.
Mr. Speaker, your Committee proposes a new amendment in sub-clause (3) of clause 55.
Mr. Speaker, this amendment is necessary to avoid a possible capital flight resulting from the opening of the re-insurance market. Mr. Speaker, I so recommend.
Mr. Chireh 12:50 p.m.
Mr. Speaker, it is consequential so I will withdraw the amendment.
Mr. Appietu-Ankrah 12:40 p.m.
Mr. Speaker, I suppose that the Chairman of the Finance Committee is just coming back to the amendment that I moved which he said he wanted stood down for us to look at.
Mr. Speaker 12:40 p.m.
Now, what do you say to this? Are you opposing this amendment?
Mr. Speaker 12:50 p.m.
You withdraw that?
Mr. Chireh 12:50 p.m.
Yes.

Clauses 85 and 86 ordered to stand part of the Bill.

Clause 87 - Obligation and termination appointment of auditors.
Mr. Appietu-Ankrah 12:40 p.m.
I think that it is the same amendment that he asked that it should be stood down for us to look at.
Mr. Chireh 12:50 p.m.
Mr. Speaker, again it is consequential, based on the earlier position that we took.
Mr. Speaker 12:40 p.m.
So you are suggesting that we stand it down?
Mr. Speaker 12:50 p.m.
You would withdraw that amendment, the clause being consequential?
Mr. Appietu-Ankrah 12:40 p.m.
Exactly so, Mr. Speaker.
Mr. Speaker 12:40 p.m.
Alright, that is alright.
Amendment stood down.
Clauses 56 - 58 ordered to stand part of the Bill.
Clause 59 - Obligations of actuary
Mr. Chireh 12:50 p.m.
Yes, Mr. Speaker.
Clauses 87 to 92 ordered to stand part of the Bill.
Clause 93 - Commencement of proceedings.
Mr. Chireh 12:50 p.m.
Mr. Speaker, again it is consequential so I will withdraw the amendment.
Clauses 93 to 99 ordered to stand part of the Bill.
Clause 100 - Application for judicial management order.
Mr. J. Y. Chireh 12:40 p.m.
Mr. Speaker, my amendment is very small.
Mr. Speaker, I beg to move, clause 59
subclause (7), line 2, insert first before “Schedule”. First has been omitted in the first line.
Mr. Speaker, if the drafters can take note; and it should reflect -- because it keeps recurring.
Mr. Speaker 12:50 p.m.
I am sure this is for the draftsmen; they should take note of that.
Question put and amendment agreed to.
Clause 59 as amended ordered to stand part of the Bill.
Clauses 60 - 70 ordered to stand part of the Bill.

Clauses 71 - 84 ordered to stand part of the Bill.

Clause 85 - Insurer to appoint an auditor
Mr. Chireh 12:50 p.m.
Mr. Speaker, I beg to move, clause 100, subclause (2), delete “less” and substitute “later”, to be consistent with the whole trend of the Bill. So it will be “later than thirty days”, not “less than”. I so move.
Nii Adu Mante: Mr. Speaker, I agree with my good Friend on his suggestion on the words “later than” instead of “less than”. So instead of the word “less” it should read as follows:
“(a) where appl icat ion is made by the insurer on a commission, not later than . . .”
I think “later” is much more acceptable than the word “less” and the same applies to paragraph (b) of subclause (2) of clause
100.
Question put and amendments agreed
to.
Clause 100 as amended ordered to stand part of the Bill.
Mr. Speaker 12:50 p.m.
At this stage, Leadership,
what are you saying?
Mr. Chireh 12:50 p.m.
Mr. Speaker, it is consequential so I will withdraw the amendment.
Mr. Speaker 12:50 p.m.
You withdraw that?
Mr. K. A. Okerchiri 12:50 p.m.
Mr. Speaker, I
think that there are committee meetings. With the committee meetings awaiting us, I wish to respectfully move, that this House adjourns till tomorrow at ten o'clock in the forenoon.
Mr. Chireh 12:50 p.m.
Yes.

Clauses 85 and 86 ordered to stand part

of the Bill.

Clause 87 - Obligation and termination appointment of auditors
Mr. E. T. Mensah 12:50 p.m.
Mr. Speaker, I beg
to second the motion.
Mr. Chireh 12:50 p.m.
Mr. Speaker, again it is consequential, based on the earlier position that we took.
ADJOURNMENT 12:50 p.m.

Mr. Speaker 12:50 p.m.
You would withdraw that amendment, the clause being consequential?
Mr. Chireh 12:50 p.m.
Yes, Mr. Speaker.
Clauses 87 to 92 ordered to stand part of the Bill.
Clause 93 - Commencement of proceedings
Mr. Chireh 12:50 p.m.
Mr. Speaker, again it is consequential so I will withdraw the amendment.
Clauses 93 to 99 ordered to stand part of the Bill.
Clause 100 - Application for judicial management order
Mr. Chireh 12:50 p.m.
Mr. Speaker, I beg to move, clause 100, subclause (2), delete “less” and substitute “later”, to be consistent with the whole trend of the Bill. So it will be “later than thirty days”, not “less than.” I so move.
Nii Adu Mante: Mr. Speaker, I agree with my good Friend on his suggestion on the words “later than” instead of “less than.” So instead of the word “less” it should read as follows:
“(a) where application is made by the insurer on a commission, not later than . . .”
I think “later” is much more acceptable than the word “less” and the same applies
to paragraph (b) of subclause (2) of clause
100.
Question put and amendments agreed
to.
Clause 100 as amended ordered to stand part of the Bill.
Mr. Speaker 12:50 p.m.
At this stage, Leadership,
what are you saying?
Mr. K. O. Okerchiri 12:50 p.m.
Mr. Speaker, I
think that there are committee meetings. With the committee meetings awaiting us, I wish to respectfully move that this House adjourns till tomorrow ten o'clock in the forenoon.
Mr. E. T. Mensah 12:50 p.m.
Mr. Speaker, I beg
to second the motion.
ADJOURMENT 12:50 p.m.