Debates of 20 Mar 2007

MR. SPEAKER
PRAYERS 10 a.m.
ANNOUNCEMENTS 10 a.m.
Mr. Speaker 10 a.m.
Order! Order! Hon. Members, there is a communication from the Electoral Commission dated 15th March 2007 and it reads as follows:
“NATIONAL ELECTORAL
COMMISSION 10 a.m.
NKORANZA NORTH 10 a.m.
PARLIAMENTARY 10 a.m.
BY-ELECTION 10 a.m.
THE CLERK OF PARLIAMENT 10 a.m.
PARLIAMENT HOUSE 10 a.m.
OATHS 10 a.m.
WELCOME ADDRESS 10 a.m.
Minority Leader (Mr. A. S. K. Bagbin) 10:10 a.m.
Mr. Speaker, once again, we have another opportunity to welcome a colleague citizen of Ghana who has been elected by Nkoranza North to represent them in place of Mr. Eric Amoateng. It is my humble duty to welcome Major Oduro (retd) as the latest Member of Parliament in this House.
In doing so, it is also important that we once again reiterate the need to have some conditions of service for Members, conditions of service that will prevent these constant occurrences of Members struggling to survive and getting into problems or rather fighting a life of survival and kicking the bucket and we being compelled to go back to a by- election.
Again, it is important for us, as a country, to have a look at the electoral processes that we encounter in trying to elect representatives for this country. I know at the by-election, a number of issues were raised and I know that my party will be reiterating them in the press conference but it is important for us to look at the issues of incumbency.
There seems to be an unbridled use of incumbency. There is the need for us, as a
people, to look at the level of involvement of state institutions, especially the security agencies like the police, in the performance of their duties during by-elections. I also believe strongly that we have to relook the issue of the level of freedom that we expect at these by-elections.

A lot of our members, including my Vice Chairman, were taken by the police and prevented from even observing the electoral processes. As many as about 38 members of the NDC were detained and I think that we have to look at some of these things if we want to develop our democratic culture and practice.

Mr. Speaker, as I indicated, these are matters that my party will be airing, but I have the singular duty of welcoming Major Oduro (retd) to this House and to draw his attention to the fact that it is an opportunity to serve his people and not to try to aggrandise or make money; it is a selfless duty. He should not expect to get rewards either from the state or from the people in his constituency.

A lot of people out there have wrong impressions. It is only when one comes inside here that one knows that the duty is onerous and that Members are actually not just sacrificing but I believe, as we have experienced, Members in this House are committing suicide; that is why we have a lot of them departing and these by-elections are coming on. It is with this, Mr. Speaker, that I welcome our hon. Colleague Major Oduro (retd). Thank you very much, Mr. Speaker.

Majority Leader (Mr. Felix Owusu-

Adjapong): Mr. Speaker, thank you for giving me the opportunity to welcome our Colleague, now hon. Major Oduro (retd) and to congratulate him for securing the confidence of the people of Nkoranza North with such a high margin of votes
Minority Leader (Mr. A. S. K. Bagbin) 10:10 a.m.


Mr. Speaker, when the Report of the Privileges Committee was presented to the House, I was compelled to say that in the absence of the then Member of Parliament, Mr. Amoateng, I would be acting as the Member of Parliament (MP). I therefore took pains in ensuring that whatever the people of Nkoranza North were entitled to, using the agency of hon. Ampofo Twumasi to look at the interest of the people of Nkoranza North --

I am happy that the people of Nkoranza North did not lose much by way of development projects and that -- [Interruptions] -- Because this Govern- ment always believes that resources must be distributed equally even if the Member of Parliament is not around -- [Hear! Hear!]

The confidence the people of Nkoranza North have shown in him means that he needs to work very hard so that come 2008 he will get them to renew his mandate to be in this House. It has been certified by all those who took pains to observe this election that it was free and fair and the election was conducted by the Electoral Commission with a higher level of efficiency.
rose
Mr. Owusu-Adjapong 10:10 a.m.
Please, sit down -- [An hon. Member -- Are you the Speaker?] -- As a member of the Leadership it is my intention to get him to sit down rather than ask the Speaker to ask him to sit down. So John, can you, please -- Mr. Speaker, I believe that we all owe a duty of care to the new Member, particularly those of us in Leadership to guide him and to lead him
so that he becomes a very useful Member of Parliament.
Looking at his age, he has more years to offer by way of service to this country. I agree with my hon. Colleague the Minority Leader that we are making very high sacrifices except that we should all agree that even though we shall get our reward in Heaven, at least the allowances must be obtained on earth. I believe this is what the hon. Minority Leader wants me to assure the House; that even if we cannot get the results here on earth the allowances must be obtained on earth here.
With these few words, I welcome him and wish him a successful performance in this House.
Mr. Speaker 10:10 a.m.
Hon. Member for
Nkoranza North, I welcome you to this honourable House and I wish you well.
CORRECTION OF VOTES 10:10 a.m.
AND PROCEEDINGS AND THE 10:10 a.m.
OFFICIAL REPORT 10:10 a.m.
Dr. Kwame Ampofo 10:10 a.m.
Mr. Speaker,
the Votes and Proceedings of Friday, 16th March 2007, page 7, the last paragraph, the abbreviation for “SSNIT” has too many “Ss”. So one “S” should be dropped from the abbreviation for Social Security and National Insurance Trust. It should read “SSNIT”, and not “SSSNIT”.
Mr. Speaker 10:10 a.m.
Yes, that is correct, thank you. Hon. Members, we have the Official Report of Tuesday, 28th February, 2007 -- [Pause.] [No correction was made in the “Official Report” of Tuesday, 28th February, 2007.]
ORAL ANSWERS TO QUESTIONS 10:10 a.m.
LOCAL GOVERNMENT, 10:10 a.m.
RURAL DEVELOPMENT AND 10:10 a.m.
ENVIRONMENT 10:10 a.m.
Mr. J. K. Gidisu 10:20 a.m.
Mr. Speaker, looking at these factors very closely, what then hinders the creation of Ashaiman as a district?
Mr. Speaker 10:20 a.m.
Hon. Member for Central Tongu, the question has nothing to do with Ashaiman.
Mr. J. K. Gidisu 10:20 a.m.
Mr. Speaker, the hon. Member in terms of referring the Question to me wanted to clear the background for the creation of -- Mr. Speaker, looking at these factors, I would want to find out from the hon. Minister if he would consider giving Ashaiman a district status.
Mr. Asamoah-Boateng 10:20 a.m.
Mr. Speaker, I thank my hon. Colleague for rephrasing the question. I think it makes sense for me to explain that this question, especially relating to Ashaiman, has been posed on the floor before by the hon. Member of Parliament, my hon. Colleague. The answer is simple; the request must be made and then we would look at the circumstances in which Ashaiman falls.
I remember when I came here to answer that particular Question I did say that we were looking at Tema as a metropolis and it might make sense for Ashaiman to be part of a bigger metropolis than to be a district of its own. But, of course, if Ashaiman requests that it be made a district we would look at the conditions that apply to Ashaiman as, the case may be.
The Jema Market
Q. 722. Mr. Yaw Effah-Baafi asked the Minister for Local Government, Rural Development and Environment what measures the Ministry was putting in place for the construction of the Jema Market to enhance revenue generation in the newly-
Mr. Asamoah-Boateng 10:20 a.m.


created Kintampo South District.
Mr. Asamoah-Boateng 10:20 a.m.
Mr. Speaker, ideally, it is the District Assembly which indicates projects that need to be done and contacts the relevant agencies for assistance to implement these projects. Kintampo South District Assembly therefore has the mandate to identify its projects that are urgent.
In this connection, the District Assembly does its own homework and submits the relevant profiles and financial proposals to the agencies that it wants to contact or to my Ministry for assistance. However, our records indicate that the District Assembly has not submitted a request to the Ministry for a market project.
On the other hand, we are aware that the capital of Kintampo South District Assembly, that is Jema, has three (3) market sheds (lock-up shops) constructed under the EU Microprojects Programme and that these market stores have still not been put to use.
Mr. Effah-Baafi 10:20 a.m.
Mr. Speaker, the hon. Minister has indicated that the capital of Kintampo South District, that is Jema, has three market sheds which are not being used. I just want to ask the hon. Minister whether he has ever bothered to find out why those sheds are not being put to use.
Mr. Asamoah-Boateng 10:20 a.m.
Mr. Speaker, yes, I have. In fact, while it is true that they have not made a formal request, I have actually been speaking to the District Chief Executive as part of the Ministry's programme to redesign our markets; and Kintampo South, especially Jema, we are considering giving them one of the new markets.
Mr. Effah-Baafi 10:20 a.m.
Mr. Speaker, I
want to find out from the hon. Minister what immediate steps he is taking to ensure that the Apesika market in the same constituency which was awarded on contract more than five years ago is completed.
Mr. Speaker 10:20 a.m.
Hon. Member for Kintampo, this is not a supplementary question. If you have other questions, ask please.
Mr. Efaah-Baafi 10:20 a.m.
Mr. Speaker, I want to find out from the hon. Minister whether he has put measures in place to award on contract another market, apart from Jema.
Mr. Asamoah-Boateng 10:20 a.m.
Mr. Speaker, the answer is simply no. But as I said, I realised the potential of the market in Kintampo South. To be frank with you, the revenue generation of the district has increased but it could be better if the market is put in proper shape. As I said earlier in my Answer, we have begun to put things right and I have been talking to the District Chief Executive. Hopefully, we shall have one of the new markets in Kintampo South very soon.
Mr. Speaker 10:20 a.m.
Hon. Minister for Local Government, Rural Development and Environment, thank you for appearing to answer these Questions. You are discharged.
Hon. Minister for Manpower, Youth and Employment -- [Pause.] Question No. 877, hon. Joseph Tsatsu Agbenu, Member of Parliament for Afram Plains North.
Mr. J. A. Tia 10:20 a.m.
Mr. Speaker, the hon. Member has informed us of his indisposition and therefore he is not present in the House today to be able to ask this Question. But he has not authorised anybody to ask the Question on his behalf.
The hon. Member is not well but he has special interest in the Question and therefore I want to crave your indulgence for us to reschedule the Question.
Mr. Speaker 10:20 a.m.
Rescheduled. Thank you very much. Hon. Minister, thank you very much for appearing.
STATEMENTS 10:20 a.m.
Mr. Lee Ocran (NDC -- Jomoro) 10:30 a.m.
Mr. Speaker, in the struggle for Ghana's liberation from colonialism, many people played different roles. Some of these people have been recognised and acknowledged; others have been recognised and not acknowledged and some have not been recognised at all. It is in this vein that I rise to pay tribute to George Alfred Grant, popularly known as Paa Grant, father of Gold Coast politics, Founder and President of the United Gold Coast Convention (UGCC).
According to historians, George Alfred Grant was born at Beyin in Western Nzema, on 15th August, 1878 and incidentally, that is my hometown although George Grant's real hometown is Axim. He was educated at the Wesleyan School, Cape Coast and privately under the care of Joseph D. Abraham, a wealthy merchant of Cape Coast and a friend of his father.
After completing his education, young Grant was employed in the timber business where he rose from the ranks to establish his own timber firm, George Grant and Company in 1896. By the time the First World War broke out in 1914 George Grant had established business contacts with principal timber companies in Europe and America. As his business progressed he visited Europe to open offices in Liverpool, Humburg and London.
He became a member of the Aborigines Rights Protection Society, member of the Legislative Council and member of the Provincial Council.
He was instrumental in introducing street lighting and pipe-borne water to Sekondi and Axim Districts and extension to the Sekondi Hospital.
By the 1940s George Grant had become the wealthiest African in the Gold Coast.
Although basically a businessman, Paa Grant was worried about the political situation in the Gold Coast, especially the lack of opportunities for Gold Coasters and the need to emancipate the people. Through his business operations, the suppression of the aspirations of the indigenous people became very clear to him. He decided to do something about the situation.

In 1947, he conceived the idea of forming a political movement to fight for the eventual independence for the Gold Coast. He discussed this idea with Mr. R. S. Blay, a prominent lawyer in Sekondi who agreed to discuss the issue with some other prominent lawyers in the country. Initially some of these lawyers refused to be associated with the movement since they did not want to upset the colonial administration but later agreed to.

Thus the United Gold Coast Convention was born with Paa Grant as its President, supported by Mr. R. S. Blay as his 1st Vice, Dr. J. B. Danquah as his 2nd Vice and Ako Adjei as Secretary. Paa Grant remained the main financier of the UGCC and it was he who sent 100 pounds to Dr. Kwame Nkrumah to come back to the Gold Coast to take up the General Secretaryship of the UGCC after he had been recommended to the Convention by Mr. Ako Adjei. When
Minister for Public Sector Reforms (Dr. Paa Kwesi Nduom) 10:30 a.m.
Mr. Speaker, I wish to associate myself fully with the Statement made by the hon. Member of Parliament for Jomoro (Mr. Lee Ocran).
Mr. Speaker, indeed, this is one person who sacrificed a lot for Ghana. This was a person who used a lot of his money, a lot of his time and lent his very hard- earned reputation to the struggle for the emancipation of the former Gold Coasters.
Mr. Speaker, we have all said over
and over again that a nation that does not honour its heroes is not worth dying for. Here is one person that was a unifying factor. Indeed, when you look at the two great political parties in this country, both the CPP and the NPP can trace their origin to the works of Paa Grant.
This is an individual who is definitely one of our founding fathers and we should go back and do a lot to ensure that his memory does not become erased but that people who come after us, over and over again, will be able to know that we did have once in this land, people like him, selfless individuals like him, who did all and gave all for the benefit of their fellow men and women.
Mr. S. K. B. Manu (NPP -- Ahafo Ano South) 10:30 a.m.
Mr. Speaker, I also rise to add my voice to the Statement made about one of the doyen of Ghanaian politics.
Mr. Speaker 10:30 a.m.
Hon. Member, do not be distracted.
Mr. Manu 10:30 a.m.
Mr. Speaker, I met Dr. Paa Grant in the history book that I used -- [Laughter] -- Yes, I said I met him as a student of history. [Hear! Hear!] -- And all I learnt about him from my readings showed that this was a very devoted, selfless politician and a businessman who did not seek to benefit personally from the endeavours that he undertook, especially in the arena of politics.
Mr. Speaker, we all salute Dr. Paa Grant and his colleagues. Here again, let us recognize that he was not alone in the struggle as has been punctuated by certain people when certain statements are made about certain founders of this country. Mr. Speaker, Dr. Paa Grant, though he did very well, it must be recognized that he did not do it single-handedly; he did this
with people like Dr. Nkrumah, Dr. J. B. Danquah, Mr. Ako Adjei and others and they all have to be recognized and saluted.
Minister for Finance and Economic Planning (Mr. Kwadwo Baah-Wiredu) 10:30 a.m.
Mr. Speaker, we thank the maker of the Statement for bringing up this issue.
Mr. Speaker, Paa Grant, like any other Ghanaian, had a foresight at his time and he did everything to make sure that he improved upon the status quo at that time. Mr. Speaker, I will zero in on certain specifics with regard to the way we have been treating him, especially in his hometown, Axim.
About four months ago, I decided to visit Axim and also try to find out where his grave is. Mr. Speaker, to my surprise, it was not easy finding out where this great man was buried. I would call on the District Assembly and the traditional authorities and other interest groups to make sure that we honour men of stature with regard to taking care of where they are actually buried properly so that the younger ones can obviously learn something out of that.
The other one is also an appeal to the maker of the Statement and the family members of Paa Grant that that beautiful house that he put up in Axim must really be put in shape; or the Museums and Monuments Board must really buy that house so that we preserve it as a national heritage. It is very important to me because these gentlemen did the best they could to make sure that the nation benefited from
their experience. I believe the younger ones will learn from them when we are able to preserve items of this nature.
In certain countries they make a lot of money from such tourists sites. Especially, I am making reference to Athens where you have to pay $10 before you visit a grave. They are making a lot of money from such names and we do not have to take things for granted. And if we want to improve upon the delivery of services and also create jobs for the younger ones then these are some of the services that we have to do in order to expand the economy.
On that note, I congratulate the maker of the Statement.
Mr. Kojo Armah (CPP -- Evalue- Gwira) 10:30 a.m.
Mr. Speaker, I also rise to associate myself with the Statement that was made by the hon. Member for Jomoro.
Mr. Speaker, one thing that the Jubilee is bringing up is the sense of history which we owe to the founding fathers of this country no matter from which side of the political divide they come from. This is because as it was immediately alluded to, a country that does not honour its heroes is not worth dying for. We have had heroes that have died unsung in this country.
Mr. Speaker, Paa Grant was the grandson of Francis Chapman Grant who himself was Scottish but became a member of the Gold Coast Legislative Council in the early 19th Century. In fact, he was a three-time member of the Legislative Council and was described as a Cape Coast Merchant, that is the grandfather, Francis Chapman Grant. He was a member from 1863 to 1868, 1871 to 1878 and then in 1887 he was appointed Extraordinary Member of the Legislative Council.
Mr. Speaker, Paa Grant was a self- made man, very humble; and he learned
Mr. Kojo Armah (CPP -- Evalue- Gwira) 10:40 a.m.


the trade of business through private tuition and in la Cote d'Ivoire. Mr. Speaker, perhaps with the political trait in him, he did not allow his business in timber merchandising, which flourished very, very well to the extent that he was described as the wealthiest African in the Gold Coast at that time, be his sole pre- occupation.

He also thought about the political history of this country, looked at what others had done before him and then on the occasion where a colonial official angered him, refusing him a licence to expand his business, he decided that it was time to fight the colonial powers and then attain independence for this country.

That was the point at which he contacted Mr. R. S. Blay and Dr. J. B. Danquah, who was practising in Sekondi, and then discussed the issue with them. The important part, Mr. Speaker, is to say that on the 50th Anniversary of the Aborigines Rights Protection Society, Paa Grant in concert with Dr. J. B. Danquah, Ako-Adjei and the rest also launched the United Gold Coast Convention (UGCC) which became the flagship political movement of the country before Dr. Kwame Nkrumah was invited down.

Mr. Speaker, I would want us to look at the history of Paa Grant as one of the selfless people who ever walked on this land and devoted his resources and his energy to political formation in this country.

Mr. Speaker, it is on record that when Dr. Nkrumah came down he personally gave him 100 pounds to settle and gave him his car. Dr. Nkrumah and the others frequented his house very often. But

like the hon. Minister for Finance and Economic Planning alluded to, it is a sad reflection of history that people like Paa Grant have been ignored by our own history and even in the history books for a long time. That is why I am happy that in our year of jubilee we are looking at these figures and trying to see what memorials we have to put in place to lift them up.

Paa Grant certainly comes from Axim but he was not for Axim. He worked for Ghana and for all of us. The hon. Minister for Finance and Economic Planning deserves our particular appreciation because long before the past four months he talked about a trip he had made to Axim when I was there as the District Chief Executive (DCE) and he asked me to take him to Paa Grant's house and his grave.

It is interesting to note that his house accommodated the first bank in West Africa, which now has become Barclays Bank. It used to be the Bank of West Africa and it was in that house that the bank was situated. It is still a solid building and we have made proposals to the Ghana Museums and Monuments Board to acquire it as a world heritage site for us to be able to turn it into a museum.

His burial site is still in Axim. It is very much well located except that where it is, where we used to have the European cemetery, has been overtaken by other structures and we are finding it very difficult even to convince the family to let us remove the remains from that place and re-inter him in his house. I do believe that the family would listen to us in this House and invite us to do just that, in his memory.

Mr. Speaker, I want to end my contribution by trying to quote William Tynant when he said:

“Praise we wise and brave and strong who create their generation who helped the right and fought the

wrong and made our folk a nation.”

Let us remember our great men and make our memorials to them so that the younger generation will begin to know that people have fought -- they ought to continue to fight for the development of this country. Mr. Speaker, I thank you for the time.
Minister for Water Resources, Works and Housing (Mr. Hackman Owusu- Agyemang) 10:40 a.m.
Mr. Speaker, I gladly associate myself with the sentiments expressed and the need to ensure that the great people before us are honoured and recognized. Indeed, I am happy to announce that this Government has so recognized Paa Grant and we in a way look at him as the seventh member of the Great Six.
As a result of that it has been announced - and if people did not hear it I would hereby reiterate the point -- that one of the Circles is being named after Paa Grant; and it has not been completed. I think it is the one near Caprice. That is a very strong recognition of what his contribution has been to our political emancipation and what we are doing.
Again, the Government has instructed the Minister for Tourism and Diasporan Relations and the Minister for Local Government, Rural Development and Environment to take a look at all ways of trying to rehabilitate the image and underscore the contribution of Paa Grant. The process has started. It had been neglected in the past by many a government, but in this year of jubilee, when we remember our fifty years of existence, we certainly cannot forget Paa Grant.
This Government is doing honour to Paa Grant and sooner rather than later, the
Minority Leader (Mr. A. S. K. Bagbin) 10:40 a.m.
Mr. Speaker, I totally agree with the contributions made so far that George Alfred Grant, commonly known as Paa Grant, has not been given a fitting recognition as the prime mover of the organization towards our independence.
Mr. Speaker, Paa Grant actually contributed a lot during the existence of the Aborigines Rights Protection Society. As stated, he was a timber merchant from Axim and he had made a lot of fortune from that and he supported the Aborigines Rights Protection Society. He was well known and he was one of the members of the class of African businessmen who later on were squeezed out of business by the competition from great companies from Europe.
Mr. Speaker, it is also true that Paa Grant was nominated by the then Government as a representative of Sekondi in the then National Assembly. Mr. Speaker, Paa Grant should be considered as the father of the movement to democracy. In fact, he was the chairman and the financier of the UGCC and it is he who managed to get most of the activists, including Dr. J. B. Danquah - even Dr. Nkrumah himself - to come down to support the fight to get the colonialists out of our country.
I think that we should go beyond just naming a circle after him. We should go beyond that to building some monuments

and not just circles and also to doing some research into his contribution so that we can come out with more publications as to the contribution of this great man to the independence struggle. I think that Paa Grant should rather be called the doyen of Ghana politics. That is what I believe in.
Mr. Owusu-Agyemang 10:40 a.m.
Mr. Speaker, I did say in my contribution that, like all the other Big Six, Paa Grant was being recognized as a first step by naming the Circle, the super highway at Caprice after him. And I did also say that Ministers have been given instructions to look at ways of further honouring him. So it is not as if it is only the circle. And indeed, all the Big Six have got circles named after them so we are making him equal, if not bigger than they are. So I do not think that my good Friend must take it that that is the only thing we are doing. But that is what we have done as a nation, that all the Big Six have circles named after them; and that is why in that spirit we are doing this. I said that the Minister for Tourism and Diasporan Relations as well as the Minister for Local Government, Rural Development and Environment have been tasked with the responsibility for further looking at ways of honouring the great guy.
Mr. A. S. K. Bagbin 10:50 a.m.
Mr. Speaker, I am
just adding my voice to that call. I am not saying that it is restricted to that circle, I want to emphasise that it is important that we do other things, which is what you just mentioned.
When Paa Grant appeared before the Watson Commission, he had a lot to say about how they, the merchants and the Gold Coasters, were being treated by the colonialists. And in fact, it is important for us, in doing that, to recognize a person like Francis Awoonor-Williams, who was a very serious advocate at that time and a very good friend of Paa Grant, and also R. S. Blay who was also together with him and supported the merchants of those days and also participated in the struggle.
I think that we have to take time to recognize all these people, bring them on record and get the youth to appreciate that it is good to sacrifice, it is good to be patriotic, it is good to fight. It is good to have courage in the face of all attempts at even eliminating you. It is true that that we have been able to get these airs of recognizing our founding fathers and people who actually made it possible for us to gain independence.
Mr. Speaker, I congratulate the hon. Member who made the Statement.
Mr. Speaker 10:50 a.m.
At the Commencement of Public Business. Item 6 -- Laying of Papers. The following Papers to be laid - (a), Chairman of the Finance Committee?
Mr. Kwadwo Agyei-Addo 10:50 a.m.
Mr. Speaker, the Chairman himself is not here. He is out of the country on official business and I was wondering if I could be allowed to lay it.
Mr. Speaker 10:50 a.m.
Yes, Vice Chairman.
PAPERS 10:50 a.m.
Mr. Speaker 10:50 a.m.
(b), Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs.
Mr. Kojo Armah 10:50 a.m.
Mr. Speaker, I crave your indulgence to lay the Paper on behalf of the Chairman who is not in the House.
Mr. Speaker 10:50 a.m.
Yes, Vice Chairman, go ahead.
(b) By the Vice Chairman (on behalf of the Chairman of the Committee) --
Report of the Committee on Constitutional, Legal and Parlia- mentary Affairs on the Laws of Ghana (Revised Edit ion) (Amendment) Bill.
Mr. Speaker 10:50 a.m.
(c), Chairman of the Committee on Employment, Social Welfare and State Enterprises.
Mr. A. O. Aidooh 10:50 a.m.
Mr. Speaker, I understand the Chairman is not in. If a member could be allowed to lay it on his behalf.
Mr. Speaker 10:50 a.m.
Go ahead.
Mr. A. O. Aidooh 10:50 a.m.
Mr. Speaker, may we stand it down.
Mr. Speaker 10:50 a.m.
Is there no member of this Committee around to lay this on behalf of the Chairman?
Mr. Sammuel Sallas-Mensah 10:50 a.m.
Mr. Speaker, the Committee is meeting right now in one of the committee rooms.
Mr. Speaker 10:50 a.m.
Are you laying it on
behalf of the Committee?
Mr. Sallas-Mensah 10:50 a.m.
No. It means that the business has not been completed.
Mr. F. K. Owusu-Adjapong 10:50 a.m.
Mr. Speaker, I want to suggest that you allow the recommendation by the hon. Deputy Majority Leader, that we step it down, because I am told that they have virtually finished whatever they were supposed to do. Meanwhile, I will check up.
Mr. Speaker 10:50 a.m.
We can come back to it.
Mr. Owusu-Adjapong 10:50 a.m.
Thank you, Mr. Speaker.
Mr. Speaker 10:50 a.m.
(d), Chairman of the Committee on Defence and Interior.
Mr. J. K. Hackman 10:50 a.m.
Mr. Speaker, the Chairman is unavoidably absent and I crave your indulgence to lay the Paper on his behalf.
Mr. Speaker 10:50 a.m.
Hon. Member for Gomoa West, is the report ready?
Mr. Hackman 10:50 a.m.
Yes, Mr. Speaker.
Mr. Speaker 10:50 a.m.
All right.
By Mr. J.K. Hackman (on behalf of the Chairman of the Committee) --
Report of the Committee on Defence and Interior on the National Commission on Small Arms Bill.
Mr. Speaker 10:50 a.m.
I tem 7 -- 2006 Supplementary Appropriation Bill at the Consideration Stage.
Mr. Owusu-Adjapong 10:50 a.m.
Mr. Speaker, I have discussed this particular item with my hon. Colleague, the hon. Minority Leader and the hon. Member who raised some few objections, the hon. Deputy Minority Leader, and we have agreed to
take this matter tomorrow.
Mr. Bagbin 10:50 a.m.
Mr. Speaker, I can confirm that we held that discussion and agreed that there was need for us to take it tomorrow. This is because there will be some clarification before tomorrow and once that is done, there will be no problem at all.
Mr. Speaker 10:50 a.m.
So, we defer it to tomorrow? All right, thank you. Item 8 - Motion.
Suspension of Standing Order 128(1)
Minister for Finance and Economic P lanning (Mr. Kwadwo Baah- Wiredu) 10:50 a.m.
Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128(1) which require that when a Bill has been read a Second time it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Customs and Excise (Duties and Other Taxes) (Amendment) Bill may be taken today.
Mr. Agyei-Addo 10:50 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
Mr. Speaker 10:50 a.m.
Hon. Members, we now
move to item 9 - Customs and Excise (Duties and Other Taxes)(Amendment) Bill at the Consideration Stage.
BILLS -- CONSIDERATION 10:50 a.m.
STAGE 10:50 a.m.
Mr. Speaker 10:50 a.m.
We have now come to the end of the Consideration Stage of the Customs and Excise (Duties and Other Taxes) (Amendment) Bill.
Item 10 -- Hon. Minister for Finance and Economic Planning?
Suspension of Standing Order 128 (1)
Mr. Kwadwo Baah-Wiredu 10:50 a.m.
Mr. Speaker, I beg to move, that notwith- standing the provisions of Standing Order 128 (1) which require that when a Bill has been read a Second time it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Internal Revenue (Amendment) Bill may be taken today.
Mr. Agyei-Addo 10:50 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
Mr. Speaker 10:50 a.m.
We now move to item 11 -- Internal Revenue (Amendment) Bill at the Consideration Stage.
BILLS -- CONSIDERATION 10:50 a.m.
STAGE 10:50 a.m.
Chairman of the Committee (Mr. K. Agyei-Addo) 11 a.m.
Mr. Speaker, I beg to move, clause 9, insert the following headnotes:
“Section 92 of Act 592 amended”.
The reason is that if you look at the Bill, each clause has a headnote except this one and clause 10.
Question put and amendment agreed to.
Clause 9 as amended ordered to stand part of the Bill.
Clause 10 --
Chairman of the Committee 11 a.m.
Mr. Speaker, I beg to move, clause 10, insert the following headnotes:
“Section 94 of Act 592 amended”.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Clause 11 ordered to stand part of the Bill.
Clause 12 -- Section 101 of Act 592 amended.
Chairman of the Committee 11 a.m.
Mr. Speaker, I beg to move, clause 12, sub- clause (a), delete and substitute the following:
“(a) by the substitution for ‘five' in paragraph (g) of ‘ten'; and”.
Mr. Speaker, the original note that we are amending had five and we want this to be pushed forward to ten but the rendition as it is did not clearly bring this out; so the amendment is to make sure that it is ten and not five.
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.
The Long Title ordered to stand part of the Bill.
Mr. Speaker 11 a.m.
We have come to the end of the Consideration Stage of the Internal Revenue (Amendment) Bill.
Item 12, Motion -- Minister for Finance and Economic Planning.
Suspension of Standing Order 128 (1)
Mr. Kwadwo Baah-Wiredu 11 a.m.
Mr.
Speaker, I beg to move, that notwith- standing the provisions of Standing Order 128 (1) which require that when a Bill has been read a Second time it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Ministries (Retention of Funds) Bill may be taken today.
Mr. Speaker, I move accordingly.
Mr. K. Agyei-Addo 11 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
BILLS - CONSIDERATION STAGE 11 a.m.
Mr. Abraham Ossei Aidooh 11 a.m.
Mr. Speaker, I beg to move, clause 1,sub- clause (3), after “Ministeries” insert “Departments and Agencies”.

That is between “Ministries” and “shall”.
Mr. Mahama Ayariga 11:10 a.m.
Mr. Speaker, I have a very fundamental issue to raise regarding this Bill and the proposal that is being made, that Ministries should be permitted to retain moneys that they have received on behalf of the State, monies that ordinarily would have gone into the Consolidated Fund.
Mr. Speaker, I am guided in this
position by article 176(2)(b) and with your permission, Mr. Speaker, I beg to read it out:
“(2) The revenues or other moneys referred to in clause (1) of this article shall not include revenues or other moneys --
(b) that may, by or under an Act of Parliament, be retained by the department of government that received them for the purposes of defraying the expenses of that department.”
Mr. Speaker, by this clause, I do not understand the Constitution to be saying that a Ministry per se can on its own retain funds that are received. It is my understanding that this particular clause was intended to benefit only departments. And so for us to be enacting a legislation that says that a Ministry can retain money -- there is a clear distinction between a Ministry and a department, from reading this particular clause of the Constitution -- it does not seem to me that it is consistent with the provisions of this particular article of the Constitution.
I would be comfortable if we limited ourselves to only departments because that is what the Constitution says; those who urged on us the inclusion of Ministries in
this particular clause must convince this House why a Ministry, per se, can take money and keep it on behalf of the State. This is because if you look at the structure of Government, Ministries essentially are policy formulating institutions and departments are more of the machinery that are implementing day- to-day government business, machinery, et cetera.
So there is policy reason why it must be necessary to have a department, take money and keep it for the purposes of its executive function whilst a Ministry which is more of a policy-making establishment goes ahead and concen-trates on its business. If we had this arrangement where even the policy-making ones are taking money and keeping them and the executing ones like departments are also taking and keeping, we are going to have a situation where by the time money gets to the Consolidated Fund it would have been used.

Mr. Speaker, I think that it will be inconsistent with this constitutional provision if we include Ministries in this particular enactment. Let us keep it to departments; and a department must show us good cause why that particular department should be allowed by Parliament to retain money that it has taken on behalf on the State.
Mr. Speaker 11:10 a.m.
Hon. Member, may I draw your attention to Standing Order 128(2). What do you say to that?
Mr. Ayariga 11:10 a.m.
Standing Order 128(2) says --
“At the Consideration Stage of a Bill the House shall not discuss the principle of the Bill but only its details.”
Mr. Speaker 11:10 a.m.
Yes, what do you make out of it?
Mr. Ayariga 11:10 a.m.
Mr. Speaker, this is a constitutional matter that I am raising, not the principle of the Bill and a consti- tutional matter can be raised at every stage. If you look at the Constitution, it says that “this House shall be guided by the Constitution and at every stage in the workings of this House”. If we come to realise that we are likely to be in breach of a constitutional provision, nothing prevents us from raising it and considering it being informed by it; even if we think that we are not in breach of that provision -- [Interruption.]
Mr. Owusu-Adjapong 11:10 a.m.
Mr. Speaker, if I may help my hon. Friend, I suppose the advice you gave him amounts to saying that if he can move an amendment, then he can speak to the amendment. I believe that at that stage he can repeat the same words he is using now if he is able to convince others. So if the amendment is not ready, please, we can make progress and later on he can move his proposed amendment.
Mr. Speaker 11:10 a.m.
Hon. Member for Bawku Central, do you have any amendment?
Mr. Ayariga 11:10 a.m.
Mr. Speaker, it is therefore my proposal that we delete the words ‘Ministries and Agencies' and keep it to ‘departments', because that is what the Constitution says.
Mr. Speaker, I urge all hon. Members
to vote for an amendment -- [Inter- ruptions].
Mr. A. O. Aidooh 11:10 a.m.
Mr. Speaker, I do not know what clause he is amending now. I think he is out of order, because he may want to amend the Short Title first, but that comes at the end of it. We are not yet there.
Mr. Speaker 11:10 a.m.
What is your amend- ment, please? Kindly formulate it for the
consideration of the House.
Mr. Ayariga 11:10 a.m.
Mr. Speaker, I am moving that, we further amend the proposal of the Deputy Majority Leader by deleting ‘Ministries and Agencies' and leaving the word ‘departments'.
Mr. Speaker, he is proposing that
we amend by adding ‘departments and agencies', meaning that he accepts ‘ministries'; and I am saying that if we keep the word ‘ministries', we are in danger of breaching article 176 (2) (b). So let us delete ‘ministries' and leave ‘depart-ments'. At best, we may retain “agencies” but I believe that if we leave ‘departments', that will be consistent with the constitutional provisions. So this is a further amendment to his proposal.
Mr. Speaker 11:10 a.m.
You are therefore suggesting that clause 3 should read ‘departments shall retain'. That is the point you are making?
Mr. Ayariga 11:10 a.m.
Mr. Speaker, ‘and agencies'.
Mr. Speaker 11:10 a.m.
‘Departments and agencies'?
Deputy Minister for Finance and Economic Planning (Dr. A.A. Osei): Mr. Speaker, I just need your direction. My good Friend was trying to interpret the Constitution for us; I thought it was only the Supreme Court that had that authority. He is saying that we are in breach of -- [Interruption]. We are legislators; we now want to become members of the Supreme Court. Mr. Speaker, let him speak to the issue and stop telling us whether or not -- that is the jurisdiction of the Supreme Court. We are here for a different purpose.
Mr. Speaker 11:10 a.m.
Deputy Majority Leader, the hon. Member is seeking to further amend your amendment. What do you say to that?
Mr. A. O. Aidooh 11:10 a.m.
Mr. Speaker,
Mr. Speaker 11:10 a.m.
Hon. Members, this is a matter which can easily be resolved. I defer it, put your heads together.
Clause 2 -- Establishing ministries to retain funds.
Mr. Speaker 11:10 a.m.
There is an amendment. Deputy Majority Leader, you may wish to move your amendment.
Mr. A. O. Aidooh 11:10 a.m.
Mr. Speaker, if you look at the content of the clause, there is nothing about establishing ministries to retain funds. What is there is “old enactments be amended to enable the ministries or agencies to retain funds”.
Mr. Speaker, I beg to move, therefore,
that clause 2, headnotes, delete and subs t i tu te “Exis t ing enac tments Amended”.
Mr. K. Agyei-Addo 11:10 a.m.
Mr. Speaker, I was wondering if I could take you to clause 1. I was up but apparently I did not catch your eye -- [Interruption.]
Mr. Speaker 11:10 a.m.
No, we are dealing with clause 2 at the moment.
Mr. Yieleh Chireh 11:10 a.m.
Mr. Speaker, I think the amendment is in order. When I also looked at it, I said that we were amending existing laws and therefore there is no reason why we should now be saying ‘existing departments and agencies'. So I think that it is perfectly in order; the sub- heading should reflect the true situation.
Mr. H. Iddrisu 11:10 a.m.
Mr. Speaker, with respect, I think the issue that the hon. Member for Bawku Central raised, if it is accepted, will affect the thrust of this legislation. Therefore, your merely deferring clause 1, in my view, is not sufficient because if it is to go through, it will mean that the Long Title will have to change, the headnotes will have to change and the Short Title will have to change.
Mr. Speaker, unless we want to go for
a proper interpretation of the true meaning of the word ‘department', I would rather urge you to defer the further consideration of this matter until these issues are resolved.
Mr. Speaker 11:10 a.m.
Majority Leader, this is the point which has been raised by hon. Member for Tamale South. His view is that subsequent clauses may affect clause 1 so he is asking that we defer this. What do you say to that?
Mr. Owusu-Adjapong 11:20 a.m.
I thank you,
Mr. Speaker. Mr. Speaker, I have looked at tomorrow's programme and I believe that if we defer it till tomorrow we will not be losing much --
Mr. Speaker 11:20 a.m.
Majority Leader, I am suggesting this, if it is possible, to resolve these matters within the next few minutes. Why do you not put your heads together
Mr. Owusu-Adjapong 11:20 a.m.
Mr. Speaker, the business for the day is mainly this Retention of Funds Bill. After that, when we go to the Foods and Drugs Bill, we are going to ask that we suspend further discussion on that Bill since we intend moving an amendment to this Retention Bill to take into account the portions of the Foods and Drugs Bill which need some urgent treatment. Therefore, if we decide that we are going to move on then the only thing we can do will be to go into the Committee of the Whole and take up the District Assemblies Common Fund and the GETFund; and that is why I was thinking that -- [Interruption.]
Mr. Speaker 11:20 a.m.
Can we suspend Sitting for just about 30 minutes? Is it possible?
Mr. Speaker 11:20 a.m.
Minority Leader, what do you say?
Mr. Bagbin 11:20 a.m.
Mr. Speaker, I am inclined to believe that looking at the scheme of things, we will have to go beyond suspension of the House to adjournment because the issues that are raised will need some more time to discuss so that we can incorporate and synchronize the two. We can do them well tomorrow. It will not take time if we agree today during discussions outside this House. So I will go by the proposal of the Majority Leader that we should adjourn so that we can have a Committee of the Whole and then look at the Formula of the Common Fund for today.
Mr. Speaker 11:20 a.m.
We may now move to item 15. Majority Leader, is it not the case?
Mr. Owusu-Adjapong 11:20 a.m.
Thank you, Mr. Speaker. Mr. Speaker, I beg to move,
that this House do adjourn and we commit ourselves to the Committee of the Whole to discuss item No. 15 (a) and (b). I so move.
Mr. Speaker 11:20 a.m.
Hon. Members, we may have to go back to item 6 (c ).
PAPERS 11:20 a.m.
Mr. Speaker 11:20 a.m.
At this stage, Minority Leader, there is a motion for adjournment.
Mr. Bagbin 11:20 a.m.
Thank you, Mr. Speaker. Mr. Speaker, I second the motion. I hope that the GETFund report will now be submitted to us so that we can discuss that later. We have not got copies yet. As for the Common Fund, it is ready for discussion.
Mr. Speaker 11:20 a.m.
I think we shall take that. In the meantime there will be Committee of the Whole after adjournment.
Question put and motion agreed to.
ADJOURNMENT 11:20 a.m.
ASSIGNMENT ONE 10 a.m.
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    • TABLE HERE 10 a.m.
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