Debates of 22 Nov 2006

MR. FIRST DEPUTY SPEAKER
PRAYERS 10:10 a.m.
CORRECTION OF VOTES 10:10 a.m.
AND PROCEEDINGS AND 10:10 a.m.
THE OFFICIAL REPORT 10:10 a.m.
Mr. First Deputy Speaker 10:10 a.m.
Correction of Votes and Proceedings of the Third Meeting of Parliament, Tuesday, 21st November, 2006. Pages 1, 2, 3…23 - [Interruption.]
Mr. A. K. Agbesi 10:10 a.m.
Mr. Speaker,
on page 23, the Joint Committee on Constitutional, Legal and Parliamentary Affairs and Gender and Children, “In Attendance” -- (iii), my name is listed as “Mr. Albert Kwame Agbesi”; it is rather “Mr. Alfred Kwame Agbesi”.
Mr. First Deputy Speaker 10:10 a.m.
Your
name should be what?
Mr. Agbesi 10:10 a.m.
Mr. Speaker, it should
be Alfred.
Mr. First Deputy Speaker 10:10 a.m.
Very well,
the Clerk's office should take note and effect the relevant correction. [Pause.] If there is no other correction, it would be assumed that what we have in hand is a true reflection of what took place on the 21st of November 2006. We have also in hand the Official Report for Wednesday, 15th November 2006.
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker, column 574, paragraph 3, third line after Mr. Asum-Ahensah, I think he was referring to the Minister for the Interior. It is captured there as the Minister for Information. So I think the correction should be done.
Mr. First Deputy Speaker 10:10 a.m.
I am
behind you; column 574?
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker,
the third paragraph, line three.
Mr. First Deputy Speaker 10:10 a.m.
He was
referring to which Minister?
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker,
it says: “I thank the hon. Minister for Information”, and I am saying that it should be the Minister for the Interior who came in to answer those Questions.
Mr. First Deputy Speaker 10:10 a.m.
So you
are saying that instead of Minister for Information it should be Minister for the Interior?
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker, it
has been done.
Mr. First Deputy Speaker 10:10 a.m.
You
are wrong? Very well, you tried to help us. Any other corrections in the Official Report for Wednesday, 15th November? If there is no correction, we now move on to the agenda for the day -- Questions.
Is the hon. Minister for Lands, Forestry and Mines here with us? There are a few Questions for him to answer.
ORAL ANSWERS TO QUESTIONS 10:10 a.m.
MINISTRY OF LANDS, FORESTRY 10:10 a.m.
AND MINES 10:10 a.m.
Minister for Lands, Forestry and Mines (Prof. Dominic Fobih) 10:10 a.m.
Mr. Speaker, the issue of resettlement of all the residents of these settlements has been of major concern to the Wildlife Division since the establishment of the protected area in 1975 by L.I. 1022 to allow the reserve to be developed for the objectives for which it was established.
To achieve this, the Wildlife Division has engaged the residents, the Regional and District Administration in series of meetings and discussions to come to a consensus as to how to solve the resettlement problem. An international NGO, The Netherlands Development Organisation (SNV) has also joined in the discussions since 2003. The results of the discussions have been that the people have agreed to relocate to places outside of the reserves.
Meanwhile, an elder and landowner, Togbe Siehene Amoah of Abutia Kloe, has agreed to give land for people who would want to resettle on the Abutia side of the reserve. In another development, Mr. Vincent Sabblah has been able to secure alternate land from Togbe Nyanzah Nyikplokpo from Kyilinyikope of the Mafi Traditional Area for the resettlement exercise.
The goodwill of the residents exists for relocation as evidenced by the two traditional leaders to release land for the squatters. Now that there is this agreement, the Land Valuation Board will be requested to value the cost of the immovable properties of the inhabitants of all the communities.
When that exercise is completed the
Mr. Agbotse 10:20 a.m.
Mr. Speaker, I would like to find out from the hon. Minister why he calls the three communities squatters, because they had been there before the land was acquired for the project. Why does he call them squatters?
Prof. Fobih 10:20 a.m.
Mr. Speaker, I did not
hear the last part of the sentence.
Mr. First Deputy Speaker 10:20 a.m.
What
he is saying is that why do you refer to the residents in your Answer as squatters.
Prof. Fobih 10:20 a.m.
Well, Mr. Speaker, they
are not authorized to stay in the reserve and anybody who settles in a reserve, which is a protected area, is squatting. That is why they are described as such.
Mr. Agbotse 10:20 a.m.
Mr. Speaker, the people
had stayed there for about 20 years before the land was acquired by Government; and they had not been resettled.
Mr. First Deputy Speaker 10:20 a.m.
Hon.
Member, you want to ask a question?
Mr. Agbotse 10:20 a.m.
I want him to withdraw
that word “squatters”.
Mr. First Deputy Speaker 10:20 a.m.
You are
supposed to ask a question, not to order people to withdraw words; leave that to the Chair. So please ask your question.
Mr. Agbotse 10:20 a.m.
When he addresses
the people properly, I will ask the next question.
Mr. First Deputy Speaker 10:20 a.m.
Do
you have any other question to ask, hon. Agbotse? Which other question do you have to ask?
Mr. Agbotse 10:20 a.m.
Mr. “Squatter” --
Mr. First Deputy Speaker 10:20 a.m.
I agree, I
am squatting.
Mr. Agbotse 10:20 a.m.
Mr. Speaker, I want to
ask the hon. Minister, whether he knows that because of such description the people there do not even have a school and they do not even have drinking water. Any project that is being sent there is described as a project being sent to squatters, so about 450 children there are not going to school.
Mr. First Deputy Speaker 10:20 a.m.
Hon.
Agbotse, you want to find out why the people have not got schools? Or, what exactly is your question?
Mr. Agbotse 10:20 a.m.
Whether he is aware that
because of such description of the people living there even basic social amenities are not given them -- like the children who are not going to school.
Prof. Fobih 10:20 a.m.
Mr. Speaker, I am not
aware but it may be quite possible that permanent institutions like schools may not be there; because my information is that most of the landowners have left the place and that these are migrants or settlers, as it were, who are still clinging to the protected area. That is why we have used all avenues to persuade them to leave the place, and therefore it may not be possible to have permanent institutions like schools.
Mr. First Deputy Speaker 10:20 a.m.
Your last
question.
Mr. Agbotse 10:20 a.m.
Mr. Speaker, a committee

headed by the District Chief Executive (DCE) at the time, hon. Kofi Nfojoh was mandated to look for an alternative place for them. The committee has ceased to exist since the change of Government; what accounts for this?
Prof. Fobih 10:20 a.m.
Mr. Speaker, I think he
answered the question himself, that the person he referred to is no longer the DCE.
Mr. Agbotse 10:20 a.m.
The committee has
ceased to exist; the committee set up to supervise the relocation of the people living in those areas has ceased to exist since the change of Government. What accounts for that?
Prof. Fobih 10:20 a.m.
Mr. Speaker, whatever
the previous DCE did and the present local administration is doing, I suspect strongly that the Wildlife Division was deeply involved. Therefore, what I am saying is that even though the former DCE is no longer there on the seat, still the system is running. That is why I have briefed him, by responding to his Question, that we have had problems with the present occupants of the place. We have used all avenues to get them to understand and appreciate the importance of leaving the place. So it means the system is being implemented.
Dr. Kwame Ampofo 10:20 a.m.
Mr. Speaker,
since the hon. Minister describes the people in the reserve as squatters, which is illegal residents, why does he not eject them by the same method that they used to eject the people of Digya Island?
Prof. Fobih 10:20 a.m.
Mr. Speaker, we are using
the same approach and method we used; the method which we used in the Digya Reserve is also being used here. We did do a persuasion exercise and we are repeating the same thing here. I think we even gave some notice of some deadline, and so on, which we are also applying here. So there
is no difference in terms of the method we are using.
Dr. Ampofo 10:20 a.m.
Mr. Speaker, does that
mean that very soon armed soldiers and police will be sent after them as was the case in the Digya Island?
Prof. Fobih 10:20 a.m.
Well, Mr. Speaker, I
cannot say for sure whether today or tomorrow the soldiers will be sent there. If there is the need for that, well, the security agencies will do their own thing. But as far as we are concerned, we are using all the regulations at our disposal to implement the guidelines which, as he said, was put in place.
Mr. G. K. B. Gbediame 10:20 a.m.
Mr. Speaker,
may I know from the hon. Minister who provides the structures, that is the accommodation for the resettled people. Is it the Government or the people who are to provide their own accommodation?
Prof. Fobih 10:20 a.m.
Mr. Speaker, I know that
most of these migrants must have come from their original homes somewhere. So when there is some sort of education as to the need to leave these protected areas most of them do go back to their normal homes or their traditional homes. In a few cases, when there are persistent social problems I think they are looked into on their own merit.
Capt. G. K. Nfojoh (retd): Mr.
Speaker, I just want to know about the policy as to whether because in some cases people might be resident there as the indigenous people, if they are to be relocated to a new place for a park to be established, it is the duty of Government to provide the structures at where they are to be resettled. It is a general question I am asking, not specifically for people who are just squatting.
Mr. First Deputy Speaker 10:20 a.m.
Very well, hon. Minister.
Prof. Fobih 10:20 a.m.
Mr. Speaker, I guess this
is a new Question; if he wants the answer we can search for it for him.
Capt. Nfojoh (retd): Mr. Speaker,
I would like to find out from the hon. Minister which of the two offers is more acceptable -- the one from the Abutia Traditional Area or the one from Mafi Traditional Area, which is in another district.
Mr. First Deputy Speaker 10:20 a.m.
He is
talking of the various -- You have mentioned two traditional chiefs who have offered some place for resettlement and he is asking that in one instance it is going to be a different district; and whether your Ministry has any preference, and which one is acceptable. Am I right, hon. Capt. Nfojoh?
Prof. Fobih 10:20 a.m.
Mr. Speaker, we have not
made any choice in these offers, the reason being that there are two -- As I said, we have the Abutia side of the reserve and so naturally those who come from those parts and who are comfortable in moving to those parts will do so. The same way those who may find it comfortable or for some other reason want to move to the other side, which has been offered by the other landowners will also be free to do so. Therefore, the question of choice has not been decided yet, as far as that is concerned.
Mr. First Deputy Speaker 10:30 a.m.
That will be for this Question. We move on to the next Question.
Mr. M. C. Boampong 10:30 a.m.
None

Bia National Park

Q. 753. Mr. M. C. Boampong (on behalf of Mr. Paul Evans Aidoo) asked the Minister for Lands, Forestry and Mines what plans the Ministry had put in place to develop the Bia National Park to attract potential tourists.
Minister for Lands, Forestry and Mines (Prof. Dominic Fobih) 10:30 a.m.
Mr. Speaker, the Bia Conservation, made up of the Bia National Park and its adjacent Bia Resource Reserve, was gazetted in 1977 by L.I. 1105 by virtue of the Wild Animals Preservation Act 1961 (Act 43) under the Wildlife Regulation of 1971 (L.I. 710). The main emphasis for the establishment of the Park was to secure the area and its resources against poachers.
In order to ensure that the Park satisfies the objective for its establish-ment as well as contribute to the raising of revenues for sustainable livelihoods and poverty alleviation for the fringe communities, the following plans have been put in place to develop the Park and optimize benefits from it.
There is a completed management plan in 2002 to harness the eco- tourism potentials of the Park.
Implementation of the management plan began in 2004 and is expected to be completed in 2009.
Activities to be completed within the period among other things include a study of the potential market for any product that Bia might be able to offer.
Close liaison with the Ministry of Tourism will be essential to review the possible development of regional circuits of tourist attractions. Examining the possibility of joint ventures between the private sector and local communities for the mutual benefits of all

stakeholders.
Mr. Boampong 10:30 a.m.
Mr. Speaker, I want to know from the Minister some of the specific plans completed to harness the eco-tourism of the park.
Prof. Fobih 10:30 a.m.
Mr. Speaker, as I have mentioned, some of the plans include mapping out a strategy for the entire operation to be completed, and that is what I have said will stretch out to 2009, from 2004. That is one of the plans -- to map out the strategy for it. And the second one I have said is also to have a very close collaborative link with the Ministry of Tourism so that the common commodity of encouraging eco-tourism will be shared and marketed by these two Ministries. So these are some of the plans.
Mr. Boampong 10:30 a.m.
Mr. Speaker, I want to further know from the Minister what are some of the potential market products that the Minister thinks the people of Bia may be able to offer.
Mr. First Deputy Speaker 10:30 a.m.
Could you go over your question again, hon. Member?
Mr. Boampong 10:30 a.m.
What are some of the potential market products that the Minister thinks the people of Bia may be able to offer?
Prof. Fobih 10:30 a.m.
Mr. Speaker, it is a pleasure to learn that the people of Bia are willing to cooperate with us, but the first thing we would like to ask is that they cooperate with the Wildlife Division for what they are trying to achieve for the reserve, so that they can all benefit. That is the first important thing we want from them. As and when the need arises, we will also get in touch with the appropriate personalities and the people concerned, especially the chiefs.
Dr. Ampofo 10:30 a.m.
Mr. Speaker, in the Minister's Answer, he gives a time horizon that ends in the year 2009. I wish to know from the hon. Minister, what happens thereafter. What happens after 2009? What are his plans for that?
Prof. Fobih 10:30 a.m.
Mr. Speaker, in our plan we believe strongly that by 2009 there would have been a structure which would be sustainable, self-sustainable, to really bring the eco-tourism objective of the place to full fruition. So the years up to 2009 are being used as the structural development or the foundation period for setting up the entire eco-tourism structures there.
Mr. Sampson Ahi 10:30 a.m.
Mr. Speaker, I want to find out from the Minister how far they have gone with examining the possibility of joint ventures between the private sector and the local communities.
Prof. Fobih 10:30 a.m.
Mr. Speaker, we do recognize the importance and the role that the private sector will have to play in the setting up of the eco-tourist centre for the reserve and therefore we are working in collaboration with the Ministry of Tourism and also the private sector as a corporate body to market the attractions at these reserve sites. And we think that some investors will express interest as time goes on.
Alhaji Collins Dauda 10:30 a.m.
Mr. Speaker, the hon. Minister indicated in his Answer that the main reason for establishing this fact is to secure the area and its resources against poachers. I want to find out from him what practical strategies he has to deal with this project since it can affect the success of this project.
Prof. Fobih 10:30 a.m.
Well, the first strategy is that we have Wildlife personnel who are guarding these areas and ensuring that illegal poachers are driven out of the place. So it is under the purview and protection
Mr. Kuntu Blankson 10:30 a.m.
Mr. Speaker, I would like to know from the Minister when was the last time he visited the area.
Prof. Fobih 10:30 a.m.
Well, fortunately, I have
visited the place and I have lived around the place at least at some time in my life too. I cannot remember exactly the specific year but it was quite recently.
Mr. First Deputy Speaker 10:40 a.m.
Question
754.
Report on WVLC (Action Taken)
Q.754. Mr. Samuel Johnfiah asked the Minister for Lands, Forestry and Mines what action had been taken on the report submitted to the Ministry in August 2001 by the ministerial fact-finding committee that was established at the instance of the Ministry to enquire into certain matters relating to the disposition of the Western Veneer and Lumber Ltd. (WVLC) and whether WVLC is still slated for divestiture.
Prof. Fobih 10:40 a.m.
Mr. Speaker, the findings of the Ministerial Fact-Finding Committee included the following:
Poor management systems and lack of properly constituted Board of Directors.
Lack of working capital.
Lack of adequate information of the company's assets and liabilities.
On the basis of these findings, the following recommendations were also put forward. They include among others the following:
Removal of hindrances for the
accelerated divestiture of the company and invitation of fresh bids for the divestiture of the company.
Dissolution of the Management Board and the termination of the appointment of the Acting Managing Director.
Identification of all the assets and liabilities of the company.
Renegotiation of the high indeb- tedness of the company to include at least a minimum of six months' moratorium and freeze in all interest payments; implementation of six to twelve months' moratorium on stumpage fees and rent payment to the Forestry Commission to enable the company work in their own concessions.
Reactivation of the company's involvement in domestic lumber market.
Ac t ions t aken so f a r on t he recommendation of the Committee's Report include the following:
Termination of the appointment of the then Acting Managing Director of WVLC, Samir Masri and the appointment of a new acting Managing Director.
Appointment of a new management and Board of Directors.
Staff rationalization, streamlining financial management and the diversification of the company's products.
In addition to the above and with the exception of the divestiture of the company, all the recommendation of the Committee has been implemented.
Divestiture of WVLC
Mr. Johnfiah 10:40 a.m.
Mr. Speaker, among the findings of the fact-finding committee was the lack of working capital. Now that the company is still placed under divestiture, how does the company hope to raise funds for operations since no financial institution is likely to give capital to such companies?
Prof. Fobih 10:40 a.m.
Mr. Speaker, if we are
talking of large working capital, yes, it will be difficult for the company, as it were. But I think small assistances are possible, and we have helped the company at some time to get more of such working capitals. So that is the response; but the intention of Government is to, I guess, give it out to investors, the private sector, to manage it.
Mr. First Deputy Speaker 10:40 a.m.
Your last
question.
Mr. Johnfiah 10:40 a.m.
Mr. Speaker, I have two
questions. Mr. Speaker, I want to find out from the hon. Minister -- he said that the committee recommended the removal of hindrances for the accelerated divestiture of the company. May I know what these hindrances are?
Mr. First Deputy Speaker 10:40 a.m.
Hon.
Minister, did you hear him? Could you go over it again, hon. Member for Ahanta West.
Mr. Johnfiah 10:40 a.m.
Mr. Speaker, he was
saying that the committee recommended the removal of certain hindrances and I am asking what those hindrances or bottlenecks are.
Prof. Fobih 10:40 a.m.
Mr. Speaker, the removal
of the acting Managing Director, as I have said, has been done and a new one has been put in place; and we think he is
doing his best.
Mr. Johnfiah 10:40 a.m.
Mr. Speaker, for the
past three months the company had been closed down and the workers sent home with their July salaries unpaid. May I know what the Ministry is doing to ensure that the company starts working?
Mr. First Deputy Speaker 10:40 a.m.
Are you
Mr. Johnfiah 10:40 a.m.
Mr. Speaker, the
company we are talking about has been closed down for the past three months and the workers' salaries for July have not been paid. And I am asking what the Ministry is doing to ensure that the company is reopened and the workers sent back to work.
Prof. Fobih 10:40 a.m.
Mr. Speaker, actually I
know there is some small problem between the company and some of the workers. And the company initially -- It is not the full three months as he is saying -- had to scale its operations down because of the problems there, until it got to a point that the management thought that there was a need to send them home and request them to reapply which they have done. So the process of re-engagement is still on, and so that is the state of things; the company hopes to commence operations as soon as possible.
Mr. Lee Ocran 10:40 a.m.
Mr. Speaker, the
WVLC has been on the divestiture list for quite some time. I want to know from the hon. Minister what may be the underlying reasons why investors do not seem to be interested in the company.
Mr. First Deputy Speaker 10:40 a.m.
Hon. Member, the underlying reason for?
Mr. Ocran 10:40 a.m.
Why investors do not seem
Mr. First Deputy Speaker 10:40 a.m.
That is almost seeking an opinion, but if the hon. Minister wants to hazard an answer he may do so.
Prof. Fobih 10:40 a.m.
Mr. Speaker, rightly so. It is an opinionated question but I think he is asking me, from the perspective of the investors, why they are not interested in the property we are disposing of. For me, I think my property is worth what I am selling it for, but for somebody it may not be all that attractive, for certain reasons.
I can imagine that one of the things that are often mentioned is, that there is a history of the workers going on strikes, if you look at the history of the company. And usually it is, “we do not like this Managing Director”, “we do not like this Managing Director”, apparently sometimes without any reasonable justification, and so on. So this could be one of the possible reasons. I do not know, maybe it is because of the perceived problems of the company too, that some people are scared to come near it and so on. So I can only guess, as he is guessing too.
Mr. Asamoah Ofosu 10:40 a.m.
Mr. Speaker, in the hon. Minister's Answer, he said that action so far taken on the recommendation of the committee includes the termination of the appointment of the acting Managing Director, Samir Masri and the appointment of an acting Managing Director. From this, Mr. Speaker, I want to know from the hon. Minister whether he is aware that the appointment of the acting Managing Director has also since been terminated through a lock-out, and that on his appointment to the Forestry Commission Board and swearing in, he has since not returned to office.
Prof. Fobih 10:40 a.m.
Mr. Speaker, I am not aware that the acting Managing Director's appointment has been recently terminated, because I have not signed anything like that. So I will find out if it is so, and the reasons for it.
Tano Satoma-Sui Forest Reserves
Q. 755. Mr. Herod Cobbina asked the Minister for Lands, Forestry and Mines what plans the Ministry had to release farmlands and portions of depleted Tano Satoma-Sui Forest Reserves to the following communities within and along the reserves for food crop production: Yawkrom, Aprutu, Kofikrom, Betenase, Bopa, Asantekrom, Besibema, Sikaneasem, Attakrom, Krokowa, Nkwadum, Essase, Wansampobreampa and Wuruwuru.
Prof. Fobih 10:50 a.m.
Mr. Speaker, since 2002 portions of degraded forest reserves have been allocated to forest fringe communities surrounding the Sui River Forest Reserve in the hon. Member's constituency in the Sefwi Wiawso District. Notable among these are Denchemoasu, Attaboka, Besibima, Chorichori , Krokrowa, Atakrom, Wansampobreampa, Sui, Aframusie, et cetera, all in the Akontombra constituency.
About 352.86 ha of degraded lands have been released to 2,141 farmers in those areas for cultivation under the Modified Taungya System. The assessed performance of the participating farmers was found to be high. The Commission therefore has plans to further release approximately 400 hectares within the next three years in the fringe communities.
Mr. Cobbina 10:50 a.m.
Mr. Speaker, I want
Prof. Fobih 10:50 a.m.
Mr. Speaker, this is an on-going exercise and, as I said, it depends on the season the programme starts and where degraded portions are available. So in terms of specifics it is not easy to say it right here and now.
Mr. Cobbina 10:50 a.m.
Mr. Speaker, I would like to know from the hon. Minister whether the Sui-Tano Reserve is part of the reserve areas, which have been classified as the Globally Significant Bio-diversity Areas (GSBA).
Prof. Fobih 10:50 a.m.
Mr. Speaker, I cannot tell offhand; I will have to check the GSBA list.
Mr. Dauda 10:50 a.m.
Mr. Speaker, I want to know from the hon. Minister if the Ministry has started implementing the ‘benefit-sharing' under the modified Taungya System.
Prof. Fobih 10:50 a.m.
Mr. Speaker, yes, we have started the implementation of the benefit- sharing system within the Taungya farming arrangement system. Even on Friday we are going to Ayigbe where the programme was launched for us to do some signing ceremony; so it is on course.
Accra Zoo (Relocation)
Q. 905. Mr. Asamoah Ofosu asked the Minister for Lands, Forestry and Mines what plans the Ministry had to relocate the Accra Zoo, in the face of the construction of the new Presidential Offices and Residence.
Prof. Fobih 10:50 a.m.
Mr. Speaker, you may recall that the Accra Zoo was a private zoo for the first President of Ghana, the late Dr. Kwame Nkrumah and was only
opened to the public after his overthrow in 1966 and put under the management of the Wildlife Division. It was therefore located in a very restricted space within the Flagstaff House. Since 1966, it has been the wish of the Division to build a zoo befitting the national capital. Therefore with the construction of the presidential offices and residence, a new zoo that meets international, educational and eco-tourism standards will be sited within Achimota Forest at a place already earmarked for it.
In view of the urgency to vacate the Accra Zoo, the Ministry decided to relocate the zoo exhibits to the Kumasi Zoological Gardens whilst plans to develop the new modern zoo for Accra are pursued. A nine-member Accra; Zoo Relocation Committee, with the hon. Deputy Minister, Ministry of Lands, Forestry and Mines (MLFM) as the Chairman has been constituted to oversee the relocation of the present Accra Zoo and construction of the new one.
Other plans that have been put in place include the following:
Preparation of the Kumasi site to receive the animals
Construction of cages to cart the animals to Kumasi
Transportation arrangements have also been finalised to cart the animals to Kumasi.
In order to facilitate the relocation, Government has released an amount of 1.2 billion cedis to rehabilitate and improve facilities at the Kumasi Zoo to receive the animals as well as to cater for their transportation costs. Because of the amount involved in the exercise, we had to go strictly by the Public Procurement Act (Act 663).
Mr. Ofosu 10:50 a.m.
Mr. Speaker, in the last paragraph of the hon. Minister's Answer, he stated that the work had been divided into two lots to speed up completion for the animals to be moved to Kumasi by the end of November, 2006. Mr. Speaker, today is 22nd November and we have eight days to go. I want to know from the hon. Minister whether his Ministry still stands by this deadline.
Prof. Fobih 10:50 a.m.
Mr. Speaker, we still
stand by it. We may not probably complete the entire exercise by that deadline, but we are hoping, as I said, that as soon as the cages are ready we would start right away. And we hope that by the end of the month, a beginning would have been made.
Mr. Ofosu 10:50 a.m.
Mr. Speaker, the hon. Minister has also stated in the third paragraph of his Answer that ¢1.2 billion has been released for the rehabilitation and the transport of the animals from Accra to Kumasi. This is a temporary measure for the construction of a modern zoo at Accra. If ¢1.2 billion is used for rehabilitation and transport, how much does his Ministry estimate to use in the construction of a new zoo in Accra, at Achimota, as he has said?
Prof. Fobih 10:50 a.m.
Mr. Speaker, the analogy is difficult for me to provide a conclusive answer, the reason being that the second part of it is a technical issue. It depends on the designs that are completed, and so on. We are working on it and as soon as it is completed, we can furnish him with the details of the total estimates.
Our original estimates which we forecasted at the conception of the removal exercise was put at 7 million -- I think dollars or so -- but this figure from hindsight is beginning to be scaled down because of the experience that the hon. Deputy Minister for Mines, Lands and Forestry had in Kenya, that there is a new model we can adopt which will be cost- effective and it will drastically reduce the amount involved. So we are working on that model and we can furnish him with the definite cost later.
Mr. Ofosu 11 a.m.
Mr. Speaker, I want to know from the hon. Minister whether it will not be economically feasible to
Prof. Fobih 11 a.m.
Mr. Speaker, in arriving at the present decision, we looked at very many options that were at our disposal, and the removal of the animals to Shai Hills was one of the considerations. But apparently, we discovered that we did not have the capacity to do that; besides it would be a completely new environment for the animals. Most of these animals have been domesticated for years; some were even bred there, and to just put them in the wild to fend for themselves would be on entirely new culture to the animals. That, we thought, could be devastating to them and will also raise international censure on us.
So we thought that the nearest and the best option was that since we had another zoo in Kumasi and the only thing that was needed was to improve conditions in the Kumasi Zoo, and this was another incidental opportunity, we thought we could temporarily improve the conditions there and then use that as the base whilst we developed the permanent site. This was to us the best option among the lot that we examined.
Dr. Kwame Ampofo 11 a.m.
Mr. Speaker, I would like to know from the hon. Minister where the ¢1.2 billion is coming from. Where did the Ministry obtain the ¢1.2 billion for the exercise, as he has stated in the Answer.
Prof. Fobih 11 a.m.
Mr. Speaker, what I said was that Government has given us that money for the project; that is all. [Interruption.]
Mr. First Deputy Speaker 11 a.m.
Hon. Minister, is that all? He did answer that, he said it was from the Government; that is all.
Alhaji Sumani Abukari 11 a.m.
Mr. Speaker, in his previous answer, the hon. Minister made a statement which I think must not be allowed to pass, because it will go into the Hansard. The hon. Minister said that the zoo behind the State House was a private zoo for the late President of Ghana, Osagyefo Dr. Kwame Nkrumah -- that is a fact. Mr. Speaker, but he went on to add that it was only opened to the public after his overthrow in 1966. That is not true. Mr. Speaker, I had the opportunity and the privilege of visiting that zoo as a student -- [Interruption.]
Mr. First Deputy Speaker 11 a.m.
What is your question, hon. Member?
Alhaji Abukari 11 a.m.
Mr. Speaker, I think that it is an erroneous statement that must not be allowed to stand because it will go into the Hansard and misinform people. So I want to know from the hon. Minister whether he has his facts clear as to whether that zoo was opened to the public or not; because I went there as a student.
Prof. Fobih 11 a.m.
Mr. Speaker, I think we should make a distinction here. What I have said was -- [Interruption] -- Please, what I said was before the coup, it was being run as a private zoo by the former Head of State. Therefore, if there were any visits, they were not visits to a public zoo; that was the distinction I was making.
Mr. J. Y. Chireh 11 a.m.
Mr. Speaker, the hon. Minister in his Answer said specifically that it was a private zoo and not opened to the public. Now, he is saying that he wants to distinguish -- is he distinguishing between a private zoo which is run by a private person but open to the public, or he is talking about a private zoo which was not opened to the public until 1966?
Prof. Fobih 11 a.m.
Mr. Speaker, there is a difference between exclusive access and public access; that was the distinction that

I was trying to make; that if at that time some people had the privilege to visit, they did so at the pleasure of the owner. But right now it has become a public one that school children, anybody can decide today or any hour to visit. That is the explanation I am giving.
Mr. First Deputy Speaker 11 a.m.
Hon. Members, that brings us to the end of Question time -- [Interruption] -- Hon. Members, Question time as a practice in this House takes one hour; we have finished with it. And these other questions that are coming are not relevant to the core issues. So I have drawn down the curtain on Question time -- [Interruptions] -- We now move on to Statements. Hon. Minister, thank you very much for making time to come and answer Questions from hon. Members of this House.
STATEMENTS 11:10 a.m.
Mr. Alfred Kwame Agbesi (NDC -- Ashaiman) 11:10 a.m.
Mr. Speaker, I thank you for giving me the opportunity to make this Statement on the floor of this House, on the topic, “Instance Justice” or what is normally referred to as “mob justice”.
Mr. Speaker, mob justice, is one of the worse forms of justice that happens in any society. Several reports in the mass media recently indicate that mob justice is on the ascendancy. This phenomenon has become a great source of worry to many meaningful Ghanaians. Mr. Speaker, in the immediate past months of August and September, 2006, several acts of mob action occurred in some parts of Accra, Kumasi, Cape Coast and other cities/ towns. Mr. Speaker, on 23rd August, 2006 a suspected thief at Adabraka was cut to death with his own cutlass when he was
caught stealing a mobile phone.
On 28th August, 2006 two men who allegedly stole ¢5 million in Accra were stripped naked and beaten with blocks and metal rods. Mr. Speaker, again on the same 28th August, 2006, a 24-year-old alleged robber was flogged to death with iron rods at Pedu, Cape Coast. On 10th September 2006 the timely intervention of a team of policemen from Dansoman District Police station saved the life of a suspected robber, who was beaten up by a mob and taken for dead and was later found in a pool of blood by residents of Zodiac, Dansoman, Accra.
Mr. Speaker, again 21st September, 2006 one Kwame Wrawra alias Daniel Dodi, alleged to be a notorious armed robber, having been involved in bag and money snatching, residential and highway robberies was arrested in an operation in Tema. Dodi had his scrotum split open with his balls gushing out by the angry crowd which arrested him. Boiled water was first poured on him before his scrotum was split open.
It is a cardinal principle of legal jurisprudence that an accused or a suspect is presumed innocent until proven guilty. It is also said that the law grinds but slowly. Mr. Speaker, chapter five (5) of the 1992 Constitution of Ghana has elaborate provisions on Fundamental Human Rights and Freedoms. In particular, articles 13, 14 and 15 of the Constitution are adequately instructive.
Article 13 (1) states that no person shall be deprived of his life intentionally except in the exercise of a sentence in respect of a criminal offence under the laws of Ghana of which he has been convicted. Article 15 (2) also states that no person shall, whether or not he is arrested, restricted or detained,
Mr. David Oppon-Kusi (NPP -- Ofoase/Ayirebi) 11:10 a.m.
Mr. Speaker, thank you for the opportunity to associate myself with the Statement made by my hon. Colleague on the other side.
Mr. Speaker, a few weeks ago, somebody narrated a story that brought tears to my eyes. A young lady had called in one of these roaming shoeshine boys to fix her shoe for her. After the job was done and after the boy had started leaving, this lady realized that her mobile phone was missing. She immediately suspected this young boy.
Even though the boy claimed innocence, all his protestations of innocence fell on deaf ears. They managed, with the help of some friends, to put this boy in a taxi cab to the police station. But on the way, the taxi cab driver convinced them that it was futile taking the boy to the police station: “As for thieves, when you catch them, you should do it for them”, he said. They got to a place where there were a lot of boys; they got down and said that the boy was a thief. And in a twinkle of an eye, these boys had beaten the boy to death. When this young lady came home, she later found her mobile phone somewhere under her pillow.
Mr. Speaker, this is only one of the cases where injustice had been done to innocent people through such mob action. I do not know whether it is lack of confidence in our judicial system or our justice delivery system; or it is just a propensity towards some sadistic tendency to just mete out justice to people.
This is because sometimes you find it frustrating that when somebody shouts
“thief”, persons who do not know the person, have not heard from the other side, just enjoy throwing stones, sticks and doing all kinds of things to a person they have never seen before -- a fellow human being. It cannot only be lack of confidence in our judicial system; there must be something deeper that we have not tackled.
Mr. Speaker, the time has come for us to step up education of the general public on the injustice that we do when we mete out instant justice. It is becoming so much that in most places that is the only justice that is available to suspects. This can happen to anybody. It can happen to me and it can happen to you. I think that the time has come for all of us to take up arms against this kind of behaviour and be able to bring some sanity into our justice system.
Mr. Asamoah Ofosu (NPP -- Kade) 11:20 a.m.
Mr. Speaker, I want to be very brief with my contribution because I realize the water is not flowing in this House for 230 hon. Members, the press and about 300 visitors.
Mr. Speaker, I rise to associate myself
-- 11:20 a.m.
Mr. First Deputy Speaker 11:20 a.m.
Is that meant to be part of your contribution?
Mr. Ofosu 11:20 a.m.
Mr. Speaker, I realize that
Mr. First Deputy Speaker 11:20 a.m.
Hon.
Minister for Works and Housing, I suppose you are paying attention to what he is saying.
Mr. Ofosu 11:20 a.m.
Mr. Speaker, the hon.
Minister for Water Resources, Works and Housing has taken notice that there has been no water in this House for two
rose
Mr. First Deputy Speaker 11:20 a.m.
Hon.
Member for Jomoro, are you rising on a point of order?
Mr. Ocran 11:20 a.m.
Yes, he is misleading
the House.
Mr. First Deputy Speaker 11:20 a.m.
Why?
Mr. Ocran 11:20 a.m.
We do not have 230
Mr. First Deputy Speaker 11:20 a.m.
Hon.
Member for Jomoro, you are out of order.
Mr. Ofosu 11:20 a.m.
Mr. Speaker, this is a
clear example of “instant justice”. [Inter- ruptions.] The man's case has not been fully determined yet and he has dismissed him. [Laughter.]
Mr. Speaker, I rise to associate myself with the Statement that was made by the hon. Member for Ashaiman. Mr. Speaker, instant justice has not been the best of justices in terms of administration of justice. In most cases where instant justice or mob action has been delivered, it leads to loss of lives. It is not only when people are referred to as thieves, julor or oleh, fiafitor,that they come under threat. Recently there was a situation in this country where by the mere touching of another person, he could just exclaim that his genitals have shrunk if he was a man. If she was a woman she lost her breasts. In most cases, at the end of the day it was realized that it was not true.
I recall the case where two workers of Volta Aluminium Company (VALCO) living at Odorkor, after preparing some banku and borbi tadi wanted to go out and
take some few “shots” for appetite before they come for the main meal. Mr. Speaker, just around the Odorkor tro tro station somebody exclaimed that he had lost his genitals; it had shrunk because he had come into contact with these young men.
Immediately thereafter there was a mob action and these two lives were lost. Later it was realized that the complainant had not lost his genitals, but these lives had been lost and they could not be brought back to life.
Mr. Speaker, a similar thing happened at Kwame Nkrumah Circle, around the Neoplan Station, where another three lives were lost. We all know that if we took our time and went through the proper system of administration of justice in this country, even where you are pronounced guilty, you could appeal and whatever sentence that was passed could be reversed. But where instant justice or mob action is delivered and lives are lost, it is very difficult and virtually impossible to bring back those lives or to overturn the punishment that was meted out to the victims. It is therefore important that this Statement has come at this time, especially from the hon. Member for Ashaiman in whose constituency I know that mob justice is very, very popular. It is my prayer that just as all hon. Members and the whole country is taking note, the hon. Member would also take steps to address that in his constituency.
Mr. Inusah A. B. Fuseini (NDC
rose
Mr. First Deputy Speaker 11:20 a.m.
Hon.
Member, do you have anything to say? Are you rising on a point of order?
Mr. Agbesi 11:20 a.m.
I want to raise a point of
Mr. First Deputy Speaker 11:20 a.m.
I did not
see you; what is your point?
Mr. Agbesi 11:20 a.m.
Mr. Speaker, it is a
Mr. First Deputy Speaker 11:20 a.m.
What is
your objection?
Mr. Agbesi 11:20 a.m.
My point is that my
colleague has said that my constituency is a constituency where mob action is prevalent. Mr. Speaker, it is never true; my constituency is a very respectable constituency where the men are always known to be very law-abiding; they do not take the law into their hands. It is a constituency which is respected all over Ghana, all over the world because you can find anybody, from any part of the world in Ashaiman. For that matter the statement he made, is not true, Mr. Speaker, and I want him to humbly withdraw it.
Mr. First Deputy Speaker 11:20 a.m.
I think
you have made your point. Hon. Member for Kade, honestly I did not see him rise. If indeed, you have made a point that his constituency in particular is noted for mob justice action, I think you are not being fair to him.
Mr. Ofosu 11:20 a.m.
Mr. Speaker, I gave an
example from Odorkor where two people died and I gave a second example at a tro tro station around Kwame Nkrumah
Circle. Unless the hon. Member is not aware that three people were lynched at Ashaiman quite recently when they were identified as having taken part in a robbery at the Engen petroleum station near the Meridian Hotel, that those people were identified at Ashaiman and were killed through mob action then he can take objection.
So I am saying that having made this important Statement, it would be more prudent of him as expected of an hon. Member of Parliament to go ahead and educate his constituents. Mr. Speaker, three persons were killed in his constituency quite recently as having taken part in a robbery that took place at the Engen petrol filling station. I am not saying that it is the only constituency where it happens; it happens everywhere, even at Nkawkaw where the Deputy Majority Whip comes from. [Laughter.] Mr. Speaker, I meant no evil, it is a fact.
Mr. First Deputy Speaker 11:20 a.m.
Hon. Member, what exactly do you object to in what he has said?
Mr. Agbesi 11:20 a.m.
The fact that my constituency is constituency which is noted for instant justice. He has mentioned an instance and he has referred to Meridian Hotel. Mr. Speaker, Meridian Hotel is not located in Ashaiman constituency; he does not know his history. He does not know his geography, he does not know -- [Interruption.]
Mr. First Deputy Speaker 11:20 a.m.
I think
you did not listen to him. He said those three individuals involved were identified in Ashaiman and then were lynched.
Mr. Agbesi 11:20 a.m.
Mr. Speaker, but that is
not true. Where the thing happened is not Ashaiman; that is what I am telling him. It is not true. He should kindly withdraw.
Mr. Ofosu 11:20 a.m.
Mr. Speaker, the robbery
took place at Tema, but the people were killed in Ashaiman so I know my geography. Mr. Speaker, I had “B” in Geography at ‘A' Level and I can draw the map of Ghana with my eyes closed.
rose
Mr. First Deputy Speaker 11:20 a.m.
Hon.
Member, take your seat. This is being sorted out between them. Take your seat for the time being. Do you want to make any contribution?
Mr. Tia 11:20 a.m.
I am participating in the
debate in this House. We are listening to the two of them; if they are misleading us, we have to draw their attention.
Mr. First Deputy Speaker 11:20 a.m.
I will call you, but not at the moment. Hon. Agbesi, I believe you have made your point and he has also explained. He is telling you that indeed, he is not identifying or isolating your constituency and making it look like a den of armed robbers or those who infringe upon the law. I believe that should be it and let us proceed. Is there any other Member who wants to contribute?
rose
Mr. First Deputy Speaker 11:30 a.m.
Yes, I
gave you the floor.
Mr. Inusah A. B. Fuseini (NDC
-- Tamale Central): Thank you, Mr. Speaker, for the opportnity to contribute to the Statement on the floor of the House. Instant justice must be a source of grave worry and concern for a country that has elected to be governed by the rule of law and by the Constitution set out clearly by
the people of this country.
Mr. Speaker, instant justice or mob justice, in the words of Thomas Hobbes, would lead to situations where life would be nasty, brutish and short. Indeed, that is exactly what my hon. Friends and hon. Members have been trying to draw attention to; that the prevalence of instant justice in our society could lead to instances where lives could be needlessly lost; that lives could be put into jeopardy; that people could suffer instant justice when in actual fact they were not culpable; that people could be tagged with criminal activities when, in fact, they were not criminals; that many things in our society could go wrong because people had elected to take the law into their own hands.

Mr. Speaker, but the great concern and worry should be why people, in the 20th Century or the 21st Century, should elect to take the law into their own hands when we have, as a country, established institutions that are supposed to deal with this situation. Mr. Speaker, probably, the issue is the institutional mechanisms that we have put in place in this country to deal with issues of administration of justice or the delivery of justice.

Mr. Speaker, many a time people

are caught in the act, people are caught stealing or committing crimes, and when they are caught and arrested and sent to the court, it takes needlessly long time to deliver justice in the matter. People go to court, resort to the courts so that justice could be expeditiously delivered to them; but when they get there, they are frustrated because of the long processes involved.

Mr. Speaker, others do not have confidence in the institution of the police which, by our law, is established to

prevent crime or arrest criminals when they commit crime. But Mr. Speaker, to be able to nib the growing incidence of mob justice or instant justice in the bud, we need to strengthen the institutions of State such that people in Ghana or the generality of Ghanaians will have confidence in these institutions and will be able to report criminal activities or criminals to these institutions, so that they can be dealt with in accordance with the laws of this country.

Mr. Speaker, until we have these institutions responding expeditiously to requests or complaints made by people who have been wronged, I am afraid we will still have this mob justice or instance justice on our hands. Mr. Speaker, fidelity to the law requires that the institutions of State that have been put in place to administer the law do so effectively and efficiently.

Mr. Speaker, with this remark, I wish to associate myself with the Statement.
Mr. First Deputy Speaker 11:30 a.m.
Hon. Members, that brings us to the end of Statements and we now move on to Public Business. Yesterday, we were handling the Consideration Stage of the Insurance Bill and we want to continue. We were at clause 101, and that is where we will continue from.
BILLS -- CONSIDERATION 11:30 a.m.
STAGE 11:30 a.m.
  • [Resumption of Consideration from 21/11/06]
    • Mr. First Deputy Speaker 11:30 a.m.
    Yes, hon. Yieleh Chireh, I saw you rising up.
    Mr. Chireh 11:30 a.m.
    Mr. Speaker, on clause 109, I moved an amendment and I am surprised that it is not reflecting in the Order Paper. If you look at clause 109 (3), and with your permission let me read:
    “An application under subsection (1) shall be served within such period before the date of the hearing as the court may direct where an application is made --
    Mr. First Deputy Speaker 11:30 a.m.
    Which one are you reading; clause 109?
    Mr. Chireh 11:30 a.m.
    Yes, clause 109 (3).
    Mr. First Deputy Speaker 11:30 a.m.
    Well,
    go ahead.
    Mr. Chireh 11:30 a.m.
    Second Consideration please, if you can take note; because in (b) and (c) the word should be “on” and not “or”.
    Mr. First Deputy Speaker 11:30 a.m.
    We will take them on at the Second Consideration Stage.
    Clause 114 - Application for insurance intermediary licence.
    Mr. Chireh 11:30 a.m.
    Mr. Speaker, I beg to
    move, clause 114, subclause (3), line 3, delete “contracted” and substitute “appointed”.
    Mr. Speaker, clause 114 (3) reads, and
    with your permission I quote:
    “An application for a licence to act as an insurance agent or an insurance sub-agent shall be supported by the insurer with which the applicant is
    Mr. A. O. Aidooh 11:30 a.m.
    Mr. Speaker, if you
    insert the word “appointed”, the language will not make sense any longer, except of course that many more words will have to be deleted. It is not significant at all.
    Mr. Chireh 11:30 a.m.
    Mr. Speaker, I withdraw.
    Mr. First Deputy Speaker 11:30 a.m.
    Fair
    enough.
    Clause 114 ordered to stand part of the Bill.
    Clauses 115 to 117 ordered to stand part of the Bill.
    Clause 118 - Submission of licence to Commission.
    Mr. Chireh 11:40 a.m.
    Mr. Speaker, I beg to
    move, clause 118, subclause (1), paragraph (b), at end add “for a stated reason”.
    Mr. Speaker, to be consistent with the Chairman's own amendment, we should add, “for a stated reason” after the words, “to do so”. Mr. Speaker, it will read: “. . . after it is required by the Commission to do so for a stated reason”.

    Nii Adu Mante: Mr. Speaker, I have no objection to it since it is in consonance with an earlier amendment to clause 27.

    Question put and amendment agreed to.

    Clause 118 as amended ordered to stand part of the Bill.
    Mr. Osei Kyei-Mensah-Bonsu 11:40 a.m.
    Mr. Speaker, I believe the amendment is uncalled for.
    Mr. First Deputy Speaker 11:40 a.m.
    But we have already put the Question. You did not raise your voice; we have already put the Question and the amendment has been agreed to. Of course, this is the Consideration Stage, so I could consider that as well. Hon. Yieleh Chireh, can you argue for the amendment?
    Mr. Chireh 11:40 a.m.
    Mr. Speaker, he was not here yesterday and that is why he is raising this point. It was the Chairman himself who moved an amendment to one such provision where he proposed “for the stated reason”. If you refuse to grant the licence or do anything you must give a reason. That was what he brought from the Committee and I just want that aspect to be consistent with the provisions of the law. It is not unnecessary.
    Mr. Kyei-Mensah-Bonsu 11:40 a.m.
    Mr. Speaker, if for reasons of consistency we have to do that, I have no qualms with it. But indeed, if the wording is “it is required by the Commission to do so”, definitely, the construction means that they will be doing so for a reason. If the wording had been that “the Commission may do so for a stated reason”, that indeed will be quite relevant. But to say that “it is required by the Commission to do so for a stated reason”, I thought it was an overkill. However, because they are saying that it is to maintain some consistency, Mr. Speaker, I have no qualms though I do not think that it is relevant.
    Mr. Fuseini 11:40 a.m.
    Mr. Speaker, with your permission, I would like to move an amendment to clause 120.
    Mr. First Deputy Speaker 11:40 a.m.
    All right, hold on and let me put the Question on clauses 119 and 120.
    Clauses 119 and 120 ordered to stand part of the Bill.
    Clause 120 -- Duration of Licence.
    Mr. Fuseini 11:40 a.m.
    Mr. Speaker, with your permission, I would like to move an amendment to clause 121 (1) which requires that a licence expires 12 months from the date of issue or of its renewal.
    Mr. First Deputy Speaker 11:40 a.m.
    It is not necessarily so, hon. Member.
    Mr. Fuseini 11:40 a.m.
    Mr. Speaker, not necessarily so, but I am saying that, it means that the company that has been registered under this Act, or issued with a licence under this Act, will be compiling or gathering or processing documents for renewal, nine months after the licence has been issued. And Mr. Speaker, I am saying that where the company is to be established in the first instance, “twelve months” appears too short.
    Mr. Speaker, furthermore, the Board of Directors or the Board of the Commission has been given a lifespan of three years subject to renewal. Mr. Speaker, I think that twelve months is simply inadequate. Mr. Speaker, I suggest twenty-four months — two years.
    Mr. First Deputy Speaker 11:40 a.m.
    Are you
    moving an amendment?
    Mr. Fuseini 11:40 a.m.
    Yes, Mr. Speaker.
    Mr. First Deputy Speaker 11:40 a.m.
    That is to clause 121 -- “a licence expires twenty- four months after issue”; that is your proposal. Yes, hon. Chairman, what is your position on that?
    Mr. First Deputy Speaker 11:40 a.m.
    You vehemently oppose it?
    Nii Adu Mante: That is so, Mr. Speaker.
    Mr. First Deputy Speaker 11:40 a.m.
    Why?
    Mr. First Deputy Speaker 11:40 a.m.
    That is why he is proposing that you change it.
    Nii Adu Mante: Mr. Speaker, I do not see the reason why he wants the expansion of the time-limit from twelve months to twenty-four months. The reasons that he gave are not tenable.
    Mr. First Deputy Speaker 11:40 a.m.
    He has given his reason — too short. Yes, hon. Yieleh Chireh, what is your reaction?
    Mr. Chireh 11:40 a.m.
    Mr. Speaker, I will plead with my hon. Colleague to withdraw the amendment because if you look at it, most of these licences are supposed to expire one year after issue. That is general to the country and I do not know why he wants to specifically exempt insurance companies from doing that. Apart from that, they are also sources of income for the agencies that are issuing these licences. So if we
    Dr. Akoto Osei 11:40 a.m.
    Mr. Speaker, I rise to support my good Friend. I think this is the norm for the Insurance Commission; increasing it to twenty-four months will affect the work of the Commission. Apart from the revenue implications, there are other issues that have to be considered. The Commission requires that year to be able to do that; twenty-four months will be too long.
    Mr. First Deputy Speaker 11:40 a.m.
    Hon. Member, will you withdraw?
    Mr. Fuseini 11:40 a.m.
    Mr. Speaker, I humbly withdraw.
    Mr. First Deputy Speaker 11:40 a.m.
    Fair enough.
    Clause 121 ordered to stand part of the Bill.
    Clause 122 -- Refusal of Application.
    Mr. Chireh 11:40 a.m.
    Mr. Speaker, I beg to move, clause 122, paragraph (b), line 4, at end add “within thirty days”.
    Mr. Speaker, so that we specify the period within which they are to notify anybody who has not been given the licence, to enable the person to act. Indeed, there was an earlier amendment in one of the previous clauses for this, and it was accepted. So I thought this would have been consequential.
    Mr. First Deputy Speaker 11:40 a.m.
    Chairman of the Committee, what is your position?
    Mr. First Deputy Speaker 11:40 a.m.
    You do not have any objection?
    Nii Adu Mante: No, Mr. Speaker.
    Question put and amendment agreed to.
    Clause 122 as amended ordered to stand part of the Bill.
    Clauses 123 and 124 ordered to stand part of the Bill.
    Clause 125 -- Renewal of insurance intermediary's licence.
    Mr. Chireh 11:40 a.m.
    Mr. Speaker, I beg to move, clause 125, subclause (2), delete and substitute “The renewal of a licence under this section is effective from the date of the renewal”.
    Mr. Speaker, I am moving this amendment because if we look at clause 35, which we have already approved, that is the rendition in that clause. Apart from that, if we go ahead to say that when somebody has issued a licence it should have retrospective effect then of course we will be going against the Constitution. So I am urging my hon. Colleagues to vote for this amendment.
    Nii Adu Mante: Mr. Speaker, upon reading clause 125 carefully, I do not see the retrospective effect that my hon. Friend is talking about. Let us read 125 (2) — “The renewal of a licence under this section is effective from the date when the licence renewed would have expired but for the renewal.” The retroactivity that he is talking about does not actually arise here, and I do not see the need for his amendment.
    Mr. First Deputy Speaker 11:40 a.m.
    So you are opposed to the amendment?
    Nii Adu Mante: That is so, Mr.

    Speaker.
    Dr. Akoto Osei 11:50 a.m.
    Mr. Speaker, with all due respect to the hon. Chairman of your Committee, I think I agree with my hon. good Friend again. This language has no ambiguity and I think it would be easier for the Commission to have this type of language as opposed to the current rendition. The current rendition, for those of us who are not lawyers, we can take it to mean anything, and I have consulted with the Commission and they are in favour of this amendment. So, since it would make the work of the Commission much more unambiguous, I beg that the hon. Chairman agrees to the amendment on the floor.
    Mr. S. K. B. Manu 11:50 a.m.
    Mr. Speaker, I also rise to support the amendment. The current rendition is not only ambiguous but it is also not reader-friendly; laws are made to be read and understood and abided by. So the practice where we render laws so clumsy in reading and understanding should be a thing of the past. I therefore support the amendment so that our laws would be reader-friendly to the common person on the street.
    Mr. First Deputy Speaker 11:50 a.m.
    In that case, what shall be the rendition, hon. Chireh?
    Mr. Chireh 11:50 a.m.
    Mr. Speaker, as on the Order Paper, it should read: “The renewal of a licence under this section is effective from the date of renewal”.
    Mr. A. O. Aidooh 11:50 a.m.
    Mr. Speaker, I wish to oppose the amendment just for one reason. These licences attract some fees and what the original rendition means is that if the licence is renewed, let us say, on 31st December and there is a default and it is renewed, let us say, on 2nd February — If
    you renew on 2nd February it takes effect from 31st December so that you have made no gains; and it would expire one year from that date.
    But if you go by the new amendment, it would mean that the revenue for that period, when the licence is renewed, would be lost. I hope he understands me? So when you do not renew at the time you should have renewed, and you renew, let us say, four or five months later, now the renewed licence is back-dated, in effect, to when it should have been renewed so that it expires earlier and becomes due for another renewal, so that no revenue is lost to the State. That is why it is written the way it is; that is why the rendition is as it is. This amendment would mean that the licence would expire one year upon the date of renewal which gives the defaulter a longer lifespan, and therefore we should reject the amendment.
    Mr. Ken Dzirasah 11:50 a.m.
    Mr. Speaker, I am inclined to agree with my hon. Colleague, the hon. Deputy Majority Leader (Mr. Aidooh); and there is no retroactivity in this matter. For the purposes of revenue, the chances are that some people may refuse to renew their licences and they would be operating without licences for a long period and at the tailend, say, of December when they should have renewed, then they would go and renew for it to run for another year. If there is no mechanism to monitor the renewal then this is the check that should be introduced to monitor it. I agree with his opposition.
    Mr. First Deputy Speaker 11:50 a.m.
    Hon. Chireh, do you want to change your position?
    Mr. Chireh 11:50 a.m.
    Mr. Speaker, I do not intend to change my position. I want to advert their minds to clause 35 which
    Mr. Adjei-Darko 11:50 a.m.
    Mr. Speaker, I want to oppose the amendment. It looks like the mover of the amendment is only thinking about the retrospective nature of whatever he is bringing. But what about the situation where a month or a week before the expiry of the licence, because of some holidays or some activities somebody applies for renewal? By his rendition if the renewal is done that day then it takes effect from that day, which means the person might have also lost some relevant days for the old licence.
    So before a licence expires you can even apply for renewal but whoever is renewing it would look at the expiry date for the licence which you are renewing, and therefore the renewal would take effect
    from the expiry date of the old licence. So we should not go by his amendment; we should oppose it.
    Mr. Akoto Osei 11:50 a.m.
    Mr. Speaker, I rise to vehemently disagree with my senior Colleague. First, as my hon. Colleague said, we have just looked at clause 35 and I think hon. Members would want to be very consistent. With your permission, Mr. Speaker, let me read clause 35 (2):
    “The renewal of licence under this section is effective from the date of the renewal.”
    That is what we have just done, for obvious reasons; but if I go and renew my licence even though it has not expired, I do not lose anything. So this loss matter he is bringing, I do not understand where it is coming from. You have a right to wait till the last day or you have a right to go six months before, if you choose to; it is your choice.
    But I think hon. Members should be very consistent with the way they make laws in this House. We have painfully gone through clause 35 and we go somewhere and we say this one should be treated differently in the same law. First of all, my hon. Colleague explained to us that, it is very reader-friendly, and I think we are here to make laws for the nation so that everybody can read.
    rose
    Mr. First Deputy Speaker 11:50 a.m.
    Hon. Member, do you want to change your position?
    Mr. A. O. Aidooh 11:50 a.m.
    Mr. Speaker, making laws reader-friendly does not mean making bad laws. What it means is that we have to realign clause 35 to come in line with the current thinking. Clause 35 is wrong so we have to reject
    Mr. First Deputy Speaker 11:50 a.m.
    Hon. Members, let me put the Question. It appears that we are disagreeing with the amendment. I think that position has already been articulated, so let me put the Question.
    Mr. First Deputy Speaker 11:50 a.m.
    Hon. Member, we are at clause 125. If you want it deleted, we would have to go back later on at the Second Consideration Stage.
    Mr. Chireh 11:50 a.m.
    Mr. Speaker, I want to withdraw my amendment.
    Mr. First Deputy Speaker 11:50 a.m.
    You want to withdraw your amendment? Fair enough, so when we come back to clause 35, at the Second Consideration Stage you could effect the relevant amendment.

    Clause 125 ordered to stand part of the Bill.
    Mr. First Deputy Speaker 11:50 a.m.
    Hon. Members, it has been agreed that we suspend the Consideration of the Insurance Bill for now and move into Committee of the Whole to consider some other very important matter. In the circumstances, I would ask that -- I do not know whether we would have to come back but --
    Mr. Owusu-Adjapong 11:50 a.m.
    Mr. Speaker, depending on the situation we may
    reconvene. We just want to have this item discussed at the Committee of the Whole.
    Mr. First Deputy Speaker 11:50 a.m.
    Then the Gallery should be cleared; but before it is done, let me remind hon. Members that tomorrow there would be some breakfast show, that is a “Christian Breakfast Show” at the Conference Hall. I understand an invitation has been extended to all hon. Members of this House and it is specially meant for us hon. Members of the House.
    So hon. Members of Parliament should endeavour to be there. It starts at about 8.30 a.m. and it would end at about 9.30.00 to 10.00 a.m.
    Mr. Sallas-Mensah 11:50 a.m.
    What is the menu for the breakfast?
    Mr. First Deputy Speaker 2:23 p.m.
    When you arrive you would find out. I believe it is very inviting so make it a point to be there. The House would therefore move into Committee of the Whole. I would entreat those in the Gallery to leave. It is a Committee of the Whole meant for only hon. Members of Parliament. That would be the end of today's proceedings so far as members of the public are concerned.
    The House moved into Closed Sitting at 12.03 p.m.

    Sitting resumed.

    [NII ADU MANTE] ADJOURNMENT
  • The House was adjourned at 2.25 p.m. till 23rd November, 2006 at 10.00 a.m.