Debates of 23 Mar 2007

MR. SPEAKER
PRAYERS 10 a.m.
CORRECTION OF VOTES 10 a.m.
AND PROCEEDINGS AND THE 10 a.m.
OFFICIAL REPORT 10 a.m.
Mr. Speaker 10 a.m.
Order! Order! Correction of Votes and Proceedings. We will take the one for Wednesday, 21st March 2007. [There were no corrections.]
Hon. Members, we do not have any Official Report today. Item 3, Business Statement for the First Week of the Second Meeting of the Third Session --Chairman of Business Committee?
BUSINESS STATEMENT FOR 10 a.m.
THE FIRST WEEK OF THE 10 a.m.
SECOND MEETING 10 a.m.
Majority Leader/Chairman of the Business Committee (Mr. F. K. Owusu- Adjapong) 10 a.m.
Mr. Speaker, the Business Committee met yesterday Thursday, 22nd March 2007 and arranged Business of the House for the First Week of the Second Meeting ending Friday, 18th May 2007.
Mr. Speaker, the Committee presents its report to this honourable House as follows 10:10 a.m.


Arrangement of Business

Question(s)

Mr. Speaker, the Committee has scheduled five (5) Ministers to respond to various Questions.

The details are as follows:

No. of

Question(s)

i. Minister for Finance and Economic Planning 6

ii. Minister for Communications 6

iii. Minister for Transportation

6

iv. Minister for Food and Agriculture

2

v. Minister for Energy 6

Total No. of Questions 26

Mr. Speaker, in all, we have twenty-six (26) Questions which are expected to be answered during the week.

Statements

Mr. Speaker may allow Statements which have been admitted to be made in the House.

Bills, Papers and Reports

Mr. Speaker, Bills, Papers and Reports may be presented to the House for consideration and other business which have already been presented to the House

would also be considered. Motions and Resolutions

Mr. Speaker, motions may be debated and the appropriate Resolutions would be taken where required.

Outstanding Parliament Business

Mr. Speaker, the Business Committee wishes to inform this august House that all outstanding Business will be carried over to the Second Meeting.

The Business Committee wishes to encourage committees with referrals, particularly Bills, to work on them during the recess so that their reports may be submitted to the House for consideration when the House reconvenes. The following are some of the referrals at committees:

i. The Interpretation Bill, 2005 (Committee on Constitutional, Legal and Parliamentary Affairs).

ii. Transfer of Convicted Persons Bill, 2006 (Committee on Consti- tutional, Legal and Parliamentary Affairs).

iii. Statutory Instruments (Amend- ment) Bill (Committee on Consti- tutional, Legal and Parliamentary Affairs).

iv. National Accreditation Board Bill (Committee on Education).

v. Anti-Money Laundering Bill, 2007 (Joint Committee on Finance and Constitutional, Legal and Parliamentary Affairs).

vi. Customs and Excise (Duties and Other Taxes) (Amendment) Bill, 2007 (Finance Committee).

Mr. Speaker, the Committee wishes to advise hon. Members whose Questions have been admitted by your goodself but are no longer relevant to notify the Table Office for their withdrawal.

Conclusion

Mr. Speaker, in accordance with Standing Order 160 (2) and subject to Standing Order 53, the Committee submits to this honourable House the order in which the Business of the House shall be taken during the week.

Questions --

Min i s t e r fo r F inance and Economic Planning -- 231, 816, 898, 899, 900 and 941.

Committee Sittings --

Questions --

Minister for Communications -- 629, 630, 756, 757, 830 and

892.

Laying of Papers --

Report of the Joint Committee on Finance and Constitutional, Legal and Parliamentary Affairs on the Anti-Money Laundering Bill.

Committee Sittings. Thursday, 17th May 2007

Questions --

Minister for Transportation -- 250, 352, 379, 545, 546 and 556.

Minister for Food and Agriculture -- 907 and 1037.

Committee Sittings.

Question --

Minister for Energy 525, 533, 541, 584, 585 and 586.

Motions --

Second Reading of Bills --

Anti-Money Laundering Bill.

Committee Sittings.
Mr. Speaker 10:10 a.m.
Hon. Members, let us move on to item (7).
PAPERS 10:10 a.m.
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, I want to crave your indulgence to allow me to lay those Papers on behalf of the Minister for Finance and Economic Planning.
Mr. Speaker 10:10 a.m.
Permission granted.
(i) By the Majority Leader/Minister for Parliamentary Affairs (on behalf of the Minister for Finance and Economic Planning) --
(a ) Loan Agreement be tween
Mr. Speaker 10:10 a.m.
Order! Order! Item (ii), Chairman of the Committee of the Whole -- [Pause.]
Mr. Kyei-Mensah-Bonsu 10:10 a.m.
Mr. Speaker, we are about finalizing the report so I guess in about 30 minutes' time it will be ready.
Mr. Speaker 10:10 a.m.
Well, thank you. Item (8), Third Reading of the National Com- mission on Small Arms Bill, Minister for the Interior; is he in the House?
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, I want to crave your indulgence this time to move the motion numbered (8) on behalf of the Minister for the Interior.
Mr. Speaker 10:10 a.m.
Permission granted.
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker, with your indulgence I beg to move for a Second Consideration of the National Commission on Small Arms Bill before we proceed to the Third Reading.
Alhaji S. Abukari 10:10 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
BILLS -- SECOND CONSIDERATION 10:10 a.m.
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker, I beg to move, clause 1 (3), line 2, after “movable” insert “or immovable”; and then clause 2 (2) add a new clause to read:
“receive and periodic reports from the Ghana Police Service on the registration and licensing of arms and ammunitions.”
Alhaji S. Abukari 10:10 a.m.
Mr. Speaker, I support the amendment as moved by the hon. Member for Tamale South except that we add “and all movable and immovable” to the first amendment, that is clause 2, line 3.
Mr. Speaker 10:10 a.m.
Hon. Members, let us deal with the procedural aspect first before we go on.
Mr. H. Iddrisu 10:20 a.m.
Mr. Speaker, I beg to move clause 1 (3), line 2, after “movable” insert “and immovable”.

Question put and amendment agreed to.

Clause 1 as amended ordered to stand part of the Bill.

Clause 2 - Object and functions of the Commission.
Mr. Haruna Iddrisu 10:20 a.m.
Mr. Speaker, I beg to move, clause 2, subcluase (2) add, a new clause to read: “receive and study periodic reports from the Ghana Police Service on the registration and licensing of arms”.
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Mr. Speaker 10:20 a.m.
Majority Leader, you may now move your motion for the Third Reading.
BILLS -- THIRD READING 10:20 a.m.
Mr. Speaker 10:20 a.m.
Item 4.
Mr. E. K. D. Adjaho 10:20 a.m.
Mr. Speaker, I have realized that we have jumped item 6 and others. I want to find out whether we will be taking item 6 today.
Mr. Speaker 10:20 a.m.
We have not yet come to item 6, if at all.
Mr. Adjaho 10:20 a.m.
Mr. Speaker, I want to know because the practice is that we normally take Statements before we start Commencement of Public Business. But we went to item 7 and to item 8. So I want to know whether we will be taking item 6 today.
Mr. Speaker 10:20 a.m.
Deputy Minority Leader, you are right, except otherwise ordered by the Speaker.
Item 4 -- Urgent Questions, Minister for Water Resources, Works and Housing.
URGENT QUESTIONS 10:20 a.m.
MINISTRY OF WATER RESOURCES, 10:20 a.m.
WORKS AND HOUSING 10:20 a.m.
Mr. Arthur 10:20 a.m.
Mr. Speaker, I would like to correct this -- Amenfi Central does not have 69 communities; it has 160 communities. I have the list there if the Minister would like to have it. Mr. Speaker, I would like to ask the Minister whether his Ministry has taken any steps to involve the miners in the provision of potable water.
M r. O w u s u - A g y e m a n g : M r. Speaker, as far as the configuration of the constituency is concerned, we may
have our own way of putting it. Maybe he is counting hamlets as communities but we have a different way of doing that. Whatever it is, we will take a look at it and if it is more than the 69 then by our own scheme of things we will sort of take note of it.
Mr. Speaker, on the issue of the mines, I have been in constant contact with my Colleague, the Minister for Lands, Forestry and Mines and really it does not fall within my purview except by persuasion; because the Environmental Protection Agency and the Ministry of Lands, Forestry and Mines are responsible for the mines, and if they pollute the waters then it is up to them to engage in dialogue to make sure they assist in replacing the source of water.
My job has been to request them to cease the pollution; that is as far as it goes. So I will still urge my hon. Colleague to intervene with the mining companies, with a view to making sure that the pollution does not take place; and also then engage them further still for assistance in the provision of water to the communities where they have polluted the water to the extent that it cannot be used for human consumption.
Mr. Arthur 10:20 a.m.
Mr. Speaker, I would like to know whether the Minister is aware of clause 21, section 1 of the Minerals and Mining Act of 1986, PNDC Law 153 - In fact, what is the Minister doing to respect that clause? Mr. Speaker, with your permission I would like to read the clause:
“A person shall not obtain, divert, impound or convey water from a river, stream or water course for mining or any other purposes without a licence granted by the Minister in accordance with the
regulation.”
Mr. Owusu-Agyemang 10:20 a.m.
Mr. Speaker,
on advice I am told that that law has even been repealed and that it does not exist. But even if it were in place, I think this falls within the purview of my hon. Colleague, the Minister responsible for Mines. I am not au fait with that particular aspect of that law which I am told on authority has been repealed.
Mr. Speaker 10:20 a.m.
Minister for Water
Resources, Works and Housing, I thank you for appearing to answer this Urgent Question. You are discharged. Hon. Stephen Balado Manu (NPP - Ahafo Ano South).
Mr. John Gyetuah 10:20 a.m.
Mr. Speaker, I
have Mr. Manu's permission to ask the Question on his behalf.
Mr. Speaker 10:20 a.m.
All right.
MINISTRY OF ENERGY 10:30 a.m.
Mr. A. S. K. Bagbin 10:30 a.m.
Mr. Speaker, on a point of order. Mr. Speaker, the practice is that the Deputy Minister will have to seek the leave and indulgence of the House before we permit him to answer the Question on behalf of the Minister. We cannot see the Minister; we have seen the Deputy Minister in the chair without permission.
Mr. Speaker 10:30 a.m.
Minority Leader, you are right but on this occasion, only I grant him leave.
Mr. Bagbin 10:30 a.m.
I am sorry, Mr. Speaker, but the Question and Answer seem to have created a problem. We want to know from the Minister with effect from what date that kerosene became available in the Ashanti Region.
Mr. Hammond 10:30 a.m.
Mr. Speaker, we have not had information that there is any such shortage in the Ashanti Region.
Adulteration of Fuel
Mr. Haruna Iddrisu asked the
Minister for Energy what accounted for the adulteration of fuel and what steps the Ministry was taking to deal with the problem.
Mr. Hammond 10:30 a.m.
Mr. Speaker, fuel is said to be adulterated when a particular product is mixed with other substances to change the chemical composition and thus the quality of the product. Mr. Speaker, so when premix, for example, is added to premium, or gas oil is mixed with kerosene it is considered as adulteration.
Mr. Speaker, following public com- plaints about the quality of products of petroleum in recent times, that is in the latter part of last year, the Ministry of Energy together with the appropriate agencies, that is, the National Petroleum Authority (NPA), Ghana Standards Board (GSB) and Tema Oil Refinery (TOR) took steps to get to the bottom of the matter to help arrest it.
Mr. Speaker, the steps included the random sampling of retail outlets to

Mr. Speaker, water contamination could result from condensation within the underground storage tanks at the retail outlets or from the bulk road vehicles themselves. Mr. Speaker, rust formation could occur when there is excessive amount of water in the fuel. Thus, while adulteration could be said to be intentional, contamination may not necessarily be so.

Adulteration or contamination of petroleum products can also take place within the transportation of the products by the bulk road vehicles. Mr. Speaker, the presence of water and rust from the bulk of those vehicles is a potential source of contamination of petroleum products.

Mr. Speaker, to ensure that the petroleum products which are sold on the market are of the right purity and devoid of any foreign matter, the NPA has directed all oil marketing companies (OMCs) to clean their underground storage tanks twice a year. This will obviate the accumulation of sediments, water and formation of rust in the underground storage tanks.

Additionally, all the dispensing pumps at the retail outlets should be fitted with filtration systems to take care of contaminants. Mr. Speaker, to reduce the incidence of high rate of corrosion of underground storage tanks the NPA has also recommended to the OMCs that all the underground storage tanks which are made of steel must be catholically protected. Mr. Speaker, as a further step to reducing the incidence of contami-nation

and operation of petroleum products at the retail outlets, the NPA and the GSB have put in place a roll-out plan to randomly sample petroleum products from 5 per cent of the total petroleum products retail outlets monthly in each region.

Mr. Speaker, in order to address these problems during the transportation of petroleum products by bulk vehicles, the system of bottom loading rather than the current top loading would be introduced. Both TOR and BOST have already commenced some work at their loading depots in this respect. Mr. Speaker, the NPA as a regulator is co-ordinating with the stakeholders to get all of them to buy into the programme and it is expected that the programme will be operational by the middle of 2008.
Mr. Haruna Iddrisu 10:30 a.m.
Mr. Speaker, the Minister's Answer seems to suggest that there was no problem with adulteration of petroleum products. I want to find out from him whether he is aware that a Presidential convoy vehicle had to be grounded as a result of the poor quality of gas oil that it was using.
Mr. Hammond 10:30 a.m.
Mr. Speaker, I tried to identify two sources of the problem, one being adulteration and the other being contamination. Adulteration is when somebody deliberately does something wrong by adding some elements to that. So that case, for example, would have been the result of the problems that I have identified -- water in the tanks, sediments and those other foreign elements in there. That is what must have caused the problems which we got knowledge of.
Mr. Haruna Iddrisu 10:30 a.m.
Mr. Speaker, there were reports in the Ghanaian media, in the Central Region in particular, of premix being mixed with gas oil; and he is aware of those reports. Can this House have an assurance from him that there
Mr. Hammond 10:30 a.m.
Mr. Speaker, that is adulteration; and I indicated that where for example premix is mixed with something else, that is adulteration. Mr. Speaker, the Ministry is taking every possible step to make sure that these incidents do not happen, and if they happen the culprits will be apprehended and the law will take the appropriate measures against the individuals.
Dr. Kwame Ampofo 10:40 a.m.
Mr. Speaker, I wish to ask the hon. Deputy Minister for Energy whether he is aware that a group was arrested in Tema who were mixing coaltar with kerosene and selling it as diesel fuel. If he does, what has happened to those arrested?
Mr. Speaker 10:40 a.m.
Order!
Mr. Hammond 10:40 a.m.
Mr. Speaker, that is another example of adulteration that I have indicated; and there are few examples of that in the country.
Mr. Speaker, we received a report that there was some such incident and that the police were in effective control of it and were handling it.
Mr. Speaker 10:40 a.m.
Item 5 -- Question number 930 -- Hon. Deputy Minister for Energy, please remain in your seat. Question number 930 is in the name of hon. Lee Ocran, Member of Parliament for Jomoro.
Mr. Lee Ocran 10:40 a.m.
Mr. Speaker, this Question should have been answered yesterday but the hon. Minister was not in the House. In the interim, the hon. Majority Leader arranged a meeting
Mr. Speaker 10:40 a.m.
So it is withdrawn. Is it?
Mr. Ocran 10:40 a.m.
Yes, Mr. Speaker.
Mr. Speaker 10:40 a.m.
Hon. Deputy Minister, thank you very much for appearing to answer these Questions. You are discharged.
ORAL ANSWERS TO QUESTIONS 10:40 a.m.
MINISTRY OF EDUCATION, 10:40 a.m.
SCIENCE AND SPORTS 10:40 a.m.
Papa Owusu-Ankomah 10:40 a.m.
Mr. Speaker, an office accommodation for the Sefwi- Wiawso District Education Directorate will be constructed in due course when funds become available.
Mr. E. P. Aidoo 10:40 a.m.
Mr. Speaker, I am aware that projects are constructed only when funds are available. But Mr. Speaker, is the hon. Minister suggesting that there is no plan in place to get the office block constructed?
Papa Owusu-Ankomah 10:40 a.m.
Mr. Speaker, the Ghana Education Service (GES) is currently undertaking the construction of office blocks for thirty education directorates throughout the country. Sefwi-Wiawso is not included. The blocks

are at various stages of completion and due to inadequate funding, it is the policy of the Service to complete these blocks before new ones are commenced.

So the construction of an office block

for the Sefwi-Wiawso District Education Directorate, like many others in the country, would be considered when funds become available.
Mr. E. P. Aidoo 10:40 a.m.
Mr. Speaker, I would like to know from the hon. Minister whether the construction of the District Education block has been captured in the Medium-Term Expenditure Framework
(MTEF).
Papa Owusu-Ankomah 10:40 a.m.
Mr. Speaker, all projects being undertaken by the Ministry of Education, Science and Sports have been captured in the Medium-Term Expenditure Framework.
Mr. Bagbin 10:40 a.m.
Mr. Speaker, from the answers of the hon. Minister it is understood that the construction of the District Education Directorate for Sefwi-Wiawso is also captured under the MTEF. Can he tell us when it has been programmed to be constructed?
Papa Owusu-Ankomah 10:40 a.m.
Mr. Speaker, if I gave the impression that the construction of Sefwi-Wiawso District Education Directorate offices is captured under the MTEF, then I am sorry. It was not my intention. And I do not really think that that was the impression I gave. I said that the construction of the thirty blocks was captured under the Medium-Term Expenditure Framework. That was what I meant.
Mr. Speaker 10:40 a.m.
Question number 685 Hon. Stephen M. E. K. Ackah, Member of Parliament for Suaman?
Athletic Ovals for Ohene Djan, Baba Yara, etc Stadia
Q. 685. Mr. Stephen M. E. K. Ackah asked the Minister for Education, Science and Sports why no provision had been made for athletic ovals in the rehabilitation works on the Ohene Djan and Baba Yara stadia as well as the two new stadia at Sekondi-Takoradi and Tamale.
Papa Owusu-Ankomah 10:50 a.m.
Mr. Speaker, the stadia that have been earmarked to host matches of the African Football Tournament have been provided with athletic ovals and shall be fitted with tartan tracks.
The exception is the Ohene Djan Stadium in Accra which could not have an athletic oval because there was the need that we have a minimum seating capacity of forty thousand (40,000) people.
In order to meet this requirement at the Ohene Djan Stadium, the tartan tracks had to be removed and the stands expanded and brought nearer the playing field.
Mr. Speaker, however, El-Wak Stadium is being converted into an athletic stadium with an eight lane tartan track, capable of hosting any international athletics tournament.
Mr. Ackah 10:50 a.m.
Mr. Speaker, I want to find out from the hon. Minister when the tartan track at the El-Wak Stadium would be completed to enable our athletes have international standard training grounds, since they have been going to Togo of late.
Papa Owusu-Ankomah 10:50 a.m.
Mr. Speaker, the playing field or the playing pitch of El-Wak is presently under construction. It is only when it is completed that the tartan tracks can be laid. The tartan tracks are ready in this country. We are hoping that latest by the end of June they will be

laid to enable athletics meets to be held at El-Wak Stadium.
Mr. Ackah 10:50 a.m.
Mr. Speaker, Ghanaians have been yearning for an Olympic standard stadium for quite too long and it was the expectation that with the rehabilitation going on at the Ohene Djan Stadium, all these minor sports disciplines would be catered for. Now that we have removed the athletics tracks and most of the facilities for the minor sports from the stadium, to what use are we going to put this stadium after the soccer tournament? Is it going to be only soccer competitions or other disciplines can also take place there?
Papa Owusu-Ankomah 10:50 a.m.
Mr. Speaker, the Ohene Djan Sports Stadium is a multi-purpose sports stadium. However, it is soccer that features prominently. Competitions in other sporting disciplines would take place at Ohene Djan Stadium. It is not as if it would be exclusively for football. I believe there will be a Sports Hall to cater for badminton, table tennis, et cetera. We are even exploring the possibility of rehabilitating the tennis courts. So it is not correct that Ohene Djan Sports Stadium would be used exclusively for soccer.
Extension of School Feeding Programme to Yilo Krobo District
Q. 686. Mr. Raymond A. Tawiah asked the Minister for Education, Science and Sports when the School Feeding Programme would be operational in the Yilo Krobo District.
Papa Owusu-Ankomah 10:50 a.m.
Mr. Speaker, the School Feeding Programme is an initiative within the New Partnership for Africa's Development (NEPAD) which is also in consonance with the Government's Policy Objectives for Education in the country. The rationale is
Mr. Tawiah 10:50 a.m.
Mr. Speaker, this Question was asked a very long time ago, so even though today the hon. Minister got time to Answer it,it has been overtaken by events.
Ms. Akua Dansua 10:50 a.m.
Mr. Speaker, I would like to know from the hon. Minister when this School Feeding Programme would be implemented nationwide?
Papa Owusu-Ankomah 10:50 a.m.
Mr. Speaker, it would be implemented nationwide after an exhaustive assessment of the pilot project and its impact. It is then and only then that it would be implemented nationwide to affect each and every child who is of school-going age and is in school. I believe that in due time, the House would be fully informed as to when it would be implemented nationwide.
New School Buses for Nafana, Goka,
Sumaman Secondary Schools
Q. 688. Mr. Alex Asum-Ahensah asked the Minister for Education, Science and Sports what plans the Ministry had to provide the (a) Nafana Secondary School, (b) Goka Secondary/Technical School and (c) Sumaman Secondary School with new school buses to ease the acute transportation problems facing these schools.
Papa Owusu-Ankomah 10:50 a.m.
Mr. Speaker, plans have been put in place to procure some 200 buses for secondary schools and other educational institutions nation-wide. Nafana Secondary School, Goka Secondary/Technical School and Sumaman Secondary School will be considered alongside other schools in the next consignment of vehicles to be supplied to second-cycle schools.
However, it may be difficult to procure the 200 buses due to some sort of realignment of the GETFund allocation.
Mr. Asum-Ahensah 10:50 a.m.
Mr. Speaker, I would like to ask the hon. Minister the exact time that the expected funds for the purchase of the 200 buses or so for the secondary schools and other institutions would be available.
Papa Owusu-Ankomah 10:50 a.m.
Mr. Speaker,
the programme is to procure the 200 buses over a period of two years. I believe within the next six months or so, some of the buses would have been procured. The procurement process is ongoing. So I am optimistic that by the end of this year, some of the buses would have arrived and then next year too, the remainder would be procured. But I wish to emphasise that this is also subject to availability of funds. Funds are not limitless and we know that we try to use the GETFund to procure these
buses. But once some re-arrangements are made, it affects the ability of the Ministry to procure these buses. [Interruption.] I am saying this so that as the body that deals with the GETFund we would take some of these things into account when we are determining the formula.
Mr. J. K. Gidisu 10:50 a.m.
Mr. Speaker, it is expected that the GETFund would supplement the statutory provisions from the national coffers towards education. But as of now, it seems almost every aspect of the national educational budget is hinged on to the GETFund. What is the hon. Minister doing to look outside the GETFund towards the upliftment of the educational needs that confront the country?
Mr. Speaker 10:50 a.m.
Hon. Member, this
is not a supplementary question. You can come properly. Hon. Minister for Education, Science and Sports, thank you for appearing to answer these Questions. You are discharged.
ASHANTI REGION 11 a.m.
Mr. Kofi Frimpong 11 a.m.
Mr. Speaker, may I know whether the road that branches off at Wadie-Adwumakaase to the main township is included in the project.
Mr. Owusu-Ansah 11 a.m.
Mr. Speaker, the road under construction is a straight road from Mamponteng-Wadie-Adwumakaase- Ahodwo to link the Kumasi-Antoa road and so branch roads will not be included.
Mr. Kofi Frimpong 11 a.m.
Mr. Speaker, may I know from the hon. Minister when that road that branches off at the main road through the township would be considered, because it forms part of the major problems that the people of Wadie- Adwumakaase are complaining about.
Mr. Owusu-Ansah 11 a.m.
Mr. Speaker, the Question from the hon. Member deals with a specific road. Therefore, if he comes properly, I will be able to answer the supplementary question that he has put. At the moment, I do not have at my cuffs the time-frame for the consideration of that road.
Mr. Bagbin 11 a.m.
Mr. Speaker, may we know from the hon. Minister which authority awarded the tarring of the road.
Mr. Owusu-Ansah 11 a.m.
Mr. Speaker, the Central Tender Board of which I am the Chairman.
Mr. Speaker 11 a.m.
Do you have another question?
Mr. Bagbin 11 a.m.
That is so, Mr. Speaker, because of the answer given. Mr. Speaker, we would want to know whether he is answering the question as the Chairman of the Central Tender Board or as the Minister for Ashanti Region.
Mr. Owusu-Ansah 11 a.m.
Mr. Speaker, I answered the question in my capacity as the Regional Minister.
Mr. Speaker 11 a.m.
Regional Minister, thank you very much for appearing to answer this Question. You are discharged.
STATEMENTS 11 a.m.
Minister for Foreign Affairs, Regional Integration and NEPAD (Nana Akufo-Addo) 11:10 a.m.
Mr. Speaker, I am grateful to you for the opportunity to make this Statement to this august House, the Parliament of Ghana's free Republic, on matters relating to Ghanaian diplomacy, with particular reference to the forthcoming Summit of the African Union (AU) which is due to be held here in Accra later this year.
As hon. Members are aware, the Assembly of the Union, that is the gathering of Heads of State and Government at its meeting at AU Headquarters in Addis- Ababa on 29th January, unanimously elected the President of the Republic, His Excellency John Agyekum Kufuor to the Chair of the Union for this jubilee year of 2007. This is the second time that a Ghanaian leader has been so honoured. Dr. Kwame Nkrumah, our first President, chaired the deliberations of the then continental entity, the Organization of African Unity (OAU) at its third Summit

which took place here in Accra in 1965.

Just as in 1965, the convening of the OAU Summit here was a tribute by our peers in Africa to both the pioneering role our nation played and the sacrifices our people made in the struggle for the liberation of our continent from imperialism and the outstanding contribution of our then leader, Dr. Kwame Nkrumah, to the growth of Pan- Africanism, including the creation of the OAU itself.

Mr. Speaker, several events of great significance will occur this jubilee year which will test Ghanaian diplomacy to its limits. Already in January, we have hosted the African Partnership Forum in Accra under the co-chairmanship of the German President, His Excellency Horst Kohler, and the President of the Republic.

The President returned home yesterday from his historic state visit to the United Kingdom, the first of its kind by a Ghanaian leader. [Hear! Hear!] Its overwhelming success has been a matter of great joy for our entire people, both at home and abroad, and I have no doubt that the House shares fully the sentiments of the people.

Mr. Speaker, on his recent absence, the President also paid a one-day official visit to Portugal, which will assume the presidency of the European Union (EU) for the second half of this year. He agreed with Portuguese Prime Minister Joe Socrates that the much-delayed Africa-

Europe Summit will take place in Lisbon in December under the joint sponsorship of the Portuguese presidency of the EU and the Ghanaian chairmanship of the AU. [Hear! Hear!] The Summit promises to be truly historic for they will seek to elaborate the basis of a new transformed relationship between Europe and Africa.

Mr. Speaker, the President took the opportunity of his presence to engage the Portuguese leadership, President, Prime Minister and Speaker of the National Assembly, on the need to develop and expand the bilateral relations between our two countries. It is somewhat anomalous that the first Europeans on our shores five hundred years ago are the ones with whom now we have the least contact.

Portugal is today a vibrant democracy with a fast-growing economy, playing its part fully in Europe's development. There is every mutual advantage to be gained from more intimate relations with her in areas such as construction, trade, tourism, cultural exchanges and international affairs, and a determined effort is going to be made to get these relations moving.

Mr. Speaker, the last leg of the President's tour was in Algiers to participate in the meeting of the AU Heads of State and Government Implementation Committee on NEPAD, which finally completed the streamlining of the NEPAD initiative into the structures of the AU. One year has been given to achieve this. A NEPAD Development Agency to be created, responsible to the Heads of State and Government Implementation Commit-tee, will be chaired by Ethiopia's able Prime Minister, Meles Zenawi, when the Nigerian leader, Chief Olusegun Obasanjo leaves office in May this year.

Algiers permitted the seven-man African delegation to this year's G-8 Summit in Germany in June, which will be led by the President of the Republic, to concert on the African position at the G-8 Summit.

There is a determination, shared in whole by the President, that a more businesslike, project-specific input be made the basis of the NEPAD discussions with the nations of the G-8. It is proposed to hold in the wake of the G-8 Summit, a Turkey-African Summit in Istanbul, which will be led on the African side by the President.

Prior to the G-8 Summit in June, the President will co-preside with the German President the Africa Partnership Forum, which will be held in Berlin in May. It will review the developments initiated here in Accra in January.

Mr. Speaker, the centrepiece of this year's diplomatic calendar is the AU Summit which will be held in Accra between 25th June and 3rd July. It will be followed by the AGOA meeting in Accra in July under the co-sponsorship of the US government. This in turn will be followed by the India-Africa Summit in the latter part of July, and as I said earlier, the Africa-Europe Summit in Lisbon is in December.

It appears, Mr. Speaker, that duty has called Ghana again to service. The decision of the January Addis Ababa Summit was that the main theme of the Accra Summit will be the direction of the Union. What sort of government or system do we want to govern and regulate the affairs of this Union? For sometime, it has become apparent that we need clarity on this fundamental issue to permit us to go ahead to organise the Union more effectively and with greater unity of purpose. Do we want a federal govern- ment for ourselves, a United States of
Minister for Foreign Affairs, Regional Integration and NEPAD (Nana Akufo-Addo) 11:20 a.m.
It is my intention however, Mr. Speaker, with the cooperation of the managers of the House's business, to come by a more satisfactory route, for example via the proceedings of the Committee of the Whole at the next Meeting of the House, to enable hon. Members have a full tilt at this all-important subject. It is vital that Government has by the time of the Accra Summit a good indication of the sentiments of this House and the nation on this issue.
Mr. Speaker, the Accra Summit will also address two other important matters. One is the composition of the Commission of the Union, which is its executive arm. The four-year mandate of its chairperson and commissioners, conferred at the Maputo Summit, comes to an end in Accra in July. Processes have been initiated to resolve this matter. The formal election of the members of the new Commission will be concluded in Accra, where a replacement for the dynamic chairperson of the Commission, Alpha Oumar Konare, who has declared his intention not to seek re-election, will have to be found.
The other is the APRM process which will culminate in the peer review of Algeria, Nigeria and South Africa at the Accra Summit. The peer review of our nation, the first to subject itself to the process, has given great prestige to the APRM process. As hon. Members can see, the Accra Summit promises to be very eventful.
Unfortunately, Mr. Speaker, these positive developments are not the only
ones on the agenda of our continental body. There are the unresolved conflicts in Somalia, the Darfur Region of Sudan, and la Cote d'Ivoire to exercise the energies of the AU.
The renewed fighting in Mogadishu threatens the difficult peace process there and underlines the urgent need of the AU to complete the introduction of its peacekeeping force in Somalia's complex terrain and to accelerate the political dialogue amongst all the various factions, the successful conclusion of which is the only sure guarantee of a return to normalcy and peace in that very troubled country.
The horror in Darfur in Sudan continues unabated, a situation which is to the discredit of our continent. With the consultation of the AU, the new UN Secretary-General, Mr. Ban Ki-Moon, successor to our illustrious compatriot, Kofi Annan, has a week ago appointed the highly respected Foreign Minister of the Republic of Congo, Rodolphe Adada, my predecessor as Chair of the AU's Executive Council, as his Under- Secretary-General with special responsi- bility for Darfur.
Hopefully, this appointment signals a determination of the world community to find at long last a decisive resolution of this ongoing tragic conflict so that effective protection can be given to the beleaguered population of the area. The killings in Darfur, which appear to have escalated, are a great blot on the conscience of Africa, which our continent cannot afford.

Mr. Speaker, la Cote d'Ivoire has a new agreement - the Ouagadougou Accord on the Direct Dialogue between the government of President Laurent
Minister for Foreign Affairs, Regional Integration and NEPAD (Nana Akufo-Addo) 11:20 a.m.


Gbagbo and the New Forces led by its Secretary-General, Guillaume Soro, which was facilitated by the current Chair of ECOWAS, the Burkinabe leader, His Excellency Blaise Campaore, the President of Faso who is proving to be adept at brokering these agreements, having been responsible for the facilitation of the Inter-Togolese Dialogue which appears to be bearing fruit and easing tensions in our eastern neighbour.

Mr. Speaker, the Mediation of Security Council of ECOWAS, at its meeting last week on 16th March, endorsed the agreement and recommended it to the Peace and Security Council of the AU for its approval, prior to it being sent to the Security Council of the United Nations for final approval. The AU Peace and Security Council deliberated on this on Tuesday, 20th March 2007 and transmitted it to the UN Security Council, so that by the end of this month, that is, next week, the Ouagadougou Accord will have the full imprimatur of the world community.

It must be the fervent hope of all well-meaning West Africans, indeed, of all Africans, that this time round, the signatories to the Ouagadougou Accord and the entire Ivorian political class will make a sincere effort to carry out its terms so that the long-simmering Ivorian conflict comes to an end. Our country, region and continent have need of a stable, peaceful and united democratic la Cote d'Ivoire to play its proper role in our affairs as a motor of socio-economic development, which was its lot in the era of its late great leader, Felix Houphouet-Boigny.

Mr. Speaker, this is the background to my Statement that Ghanaian diplomacy will be tested to its limits this year. I am sure that those of us who, under the leadership of the President of the Republic, have responsibility for its management can count on the unstinting support of this House as we try to do our duty.
Minority Leader (Mr. A. S. K. Bagbin) 11:20 a.m.
Mr. Speaker, we thank the Minister for Foreign Affairs, Regional Integration and NEPAD for making available to us some information in the nature of a very variegated Statement which really finds a problem in conforming to the Standing Orders of the House.
Nana Akufo-Addo 11:20 a.m.
On a point of
Mr. Bagbin 11:20 a.m.
Mr. Speaker, I do agree that there is the need for us to relook at the Standing Orders, especially Order 70 because it does not give room for the Ministers to give more information for many areas of policies or announcements that they may want to make.
Mr. Speaker, the Statement runs through a number of subject-matters, ranging from the tour of our President, including the lack of information to this House as to
his visit to Portugal. We were told that he was going to the United Kingdom but he found himself in Portugal too.
Mr. Speaker, definitely, article 59 enjoins the President to give us prior notification, but this we never had. My hon. Colleague, the Minister for Foreign Affairs, Regional Integration and NEPAD has kindly given us a post-tour information of the President's visit to Portugal.
Mr. Speaker, we are sincerely grateful to our brothers and sisters in Africa, especially the various heads of state and presidents for conferring on us this honour of chairing the AU for this year. Definitely, as stated clearly by the President, led by the President of South Africa, it was an honour to Ghana for the role it played in the liberation struggle and governance of this continent.

Mr. Speaker, I am aware of the perimeters of the Statement and the Standing Orders and therefore I do not intend to provoke debate because it is not permitted by the Standing Orders. But definitely, my Colleague, in his Statement, raised issues that some people are still contesting; because we would recall that our first President, Dr. Kwame Nkrumah, visited the Queen and was even conferred the title of Privy Counsellor. That was during his reign as President of this nation. So definitely, he was the first African to visit the Queen and be conferred with that title.
rose
Mr. Speaker 11:20 a.m.
Hon. Member, do you have a point of order?
Mr. Kyei-Mensah-Bonsu 11:20 a.m.
That is so, Mr. Speaker. Mr. Speaker, the issue that was raised by the hon. Foreign Minister was not in respect of an invitation to a Head of State or a former President. It talked about a state visit, and this is the first time that has been extended to the President of this country; that is the point at issue.
Mr. Speaker, I do not intend really to provoke debate. There is a world of difference between a State visit and a mere invitation. That is the point at issue.
Mr. Speaker, for that reason, my Colleague either did not get the import of it or is misleading this House.
Mr. Speaker 11:20 a.m.
Minority Leader, please continue.
Mr. Bagbin 11:20 a.m.
Mr. Speaker, Dr. Nkrumah was the President of this nation in 1957 - [Interruptions.] Sorry, at that time, he was the Prime Minister.
Mr. Speaker 11:20 a.m.
Minority Leader, you should not be distracted; please go on.
Mr. Bagbin 11:30 a.m.
Mr. Speaker, thank you very much for that. I just wanted to correct myself that at that time he was the Prime Minister, not the President. Mr. Speaker, and he was the Prime Minister of this country, yes.
Mr. Speaker, it is true that in taking over the mantle of leadership of the AU, this country, led by the President, is confronted with a lot of challenges. In fact, the AU has moved away from the trust of liberation to that of good governance and economic development.
Mr. Speaker, we have here on this continent very serious cases that Ghana, in leading Africa, would have to deal with. We have the case of Zimbabwe, as stated; we have Darfur in Sudan and we have the Somalia case, not forgetting about our neighbour la Cote d'Ivoire which is almost getting resolved.

Mr. Speaker, we expect our President to lead us properly and not to try to use sometimes very diplomatic and soft language. I was not very encouraged with his response when the issue of Zimbabwe was raised, when he said it was an embarrassment. I expected our President to have gone further to chastise Zimbabwe, led by President Mugabe, to sit up and learn the basic rules of good governance.

What is happening in Zimbabwe cannot be tolerated today. I stand here as the Minority Leader and there is no way that I will ever give room for my Colleagues in government to behave the way President Mugabe is behaving.
rose
Mr. Speaker 11:30 a.m.
Hon. Minister, do you have a point of order to raise?
Mr. Owusu-Agyemang 11:30 a.m.
Yes, Mr. Speaker. I thought my very good Friend and Brother needed to be informed that as far back as five years ago, it was only Ghana that issued a very strong statement against what was happening in Zimbabwe.
So the track record is there and at that point in time, a lot of African countries did not understand; so what the President is doing is consistent with our foreign policy. And I do not think that the Minority Leader has got a point by saying that the President is responding to this in a way that does not please him. We have consistently spoken against the atrocities

in Zimbabwe and I wanted that to be a matter of public record that it had been done, even five years ago; and there is record of it.
Mr. Bagbin 11:30 a.m.
Mr. Speaker, I want it to be made clear that Ghana is not back- tracking on its initial statement which the former Minister for Foreign Affairs just restated - very strong words against President Mugabe. I am saying that the words used today show that we are back- tracking and I do not think that -- that is good for our leadership role. It is true that as a country, as a people, we are this year stretched to our diplomatic limits, where we are expected to receive a lot of dignitaries and Ghanaians are expected to show the best of their Ghanaian hospitality.
We are also expected to make available enough facilities and I believe that those who are on the seat -- I hope they are listening to me - I hope they are listening and they should not sleep and wake up suddenly to see that the time has come and then start rushing like we are doing at Ghana @ 50 celebrations, trying to plant grass in the dry season -- [Laughter] -- when we are struggling to get water even to drink.
We have to start now and make sure that the environment is provided for our brothers and sisters from the continent to come and enjoy the proverbial hospitality of the Ghanaian. I guess in making these remarks, we want us all to channel all our efforts to trying to rectify the energy crisis and the water situation in the capital city. It is very important for us to stabilize them before we are confronted with these international assignments.
We thank Portugal for also receiving our President and at least giving him assurance that as the would-be President of the EU, she would cooperate with our President as President of the AU to make sure that Africa comes top of the agenda
for international attention.
Once again, I thank the hon. Minister for Foreign Affairs for giving us this information.
Mr. K. A. Okerchiri (NPP -- Nkawkaw) 11:30 a.m.
Mr. Speaker, when the AU was being inaugurated in Durban, South Africa, a question that was being asked was “what is going to be different?” AU, vis-à-vis the OAU -- and it was being cynically said that now that the word “organization” was being taken out, matters were going to be worse.
But I am very much encouraged that there has been a paradigm shift from the attitude of the organization. I say this because I am encouraged by what the Minister has done today, that before a very important matter of this nature, the direction of the African Union is going to be determined in July here in Accra, the representatives of the people are being given the opportunity to discuss it and input into it.
Most of the time, the criticism that has been levelled against such policies, especially the NEPAD and other initiatives, is that it has been decided just by a club of African Heads of State and civil servants. I am very much encouraged that there is really a paradigm shift and Africa is set to do business.
I am also happy that the Minister has acknowledged that this particular process cannot exhaustively deal with the matter. Having discussed the matter with him sometime ago, I cannot help but come to the same conclusion that he will have to find a new and better route within which we can exhaust this matter very, very critically.
As to the path that the President is charting for us, in terms of foreign
relations, I think I have said it somewhere that Ghana is now carving a niche for itself, not only as a participant in international organizations and international endea- vours but is really playing a positive role also.
What the President has chalked now, and what has been chalked earlier on have not just come by way of accident, and I disagree with the Minority Leader when he seems to suggest that it was doled out to the President. I disagree with him when he seems to suggest that the Presidency of the AU was doled out to Ghana. It has been due by dint of hard work. It has really been by dint of hard work.
Mr. Speaker 11:30 a.m.
Hon. Member, no debate, only comments; we do not want to have any debate over this matter.
Mr. Bagbin 11:30 a.m.
Mr. Speaker, I never gave any such impression or suggestion that it was doled out. I actually talked about our record.
Mr. Okerchiri 11:30 a.m.
Mr. Speaker, I would not go ahead because as you have hinted, it is not supposed to provoke debate. I think that when the Minister comes out through the appropriate route, it is expected of all of us to be prepared to contribute towards this debate so that a way out can be found as to the direction of the African Union.
About 43 years ago, we were struggling with this same position, determining whether the unity of Africa should be by way of the American model or it must be by way of a loose one. Fourty-three years down the line we have not had answers to it.
I think that some of us had been wondering what our politicians were doing, what our statesmen were doing.
Mr. Okerchiri 11:40 a.m.


Lastly, I think that what is ahead of us in terms of testing our diplomacy to its limits, I can only say that much has been done. Ghana's diplomacy is rated very high; civil servants are doing very well. But like my secondary school headmaster always said, “there is more room for improvement”.

In fact, at the Ghana @ 50 celebrations

some of us witnessed things that were diplomatically quite embarrassing. As Chairman of the Foreign Affairs Committee, I cannot spill that out here but I think that, as he said, there is more room for improvement and therefore our foreign service operators should not rest on their oars but rather seek more improvement.
BILLS -- CONSIDERATION 11:40 a.m.
STAGE 11:40 a.m.
  • [Resumption of Consideration from 22-3-07]
    • Chairman of the Committee (Nii Adu Daku Mante) 11:40 a.m.
    Mr. Speaker, I beg to move, clause 3, delete and substitute the following:
    “Section 4 of Act 673 amended.”
    The principal enactment is amended by the substitution for section 4 of

    “4. (1) No person shall carry on the business of banking in or from within Ghana except by or under the authority of a license issued in accordance with this Act.

    (2) No person shall use a banking license for any purpose other than that for which it is issued.

    ( 3 ) A p e r s o n w h o contravenes subsections (1) and (2) of this section commits an offence and is liable on summary conviction

    ( a ) i n t h e c a s e o f a b o d y c o r - p o r a t e o r other body of persons to a fine not excee-ding 3,000 penalty units; and

    (b) in the case of an individual to a fine not exceeding 3,000 penalty units or to a term of imprisonment not exceeding ten years.”

    Question put and amendment agreed to.

    Clause 3 as amended ordered to stand part of the Bill.

    Clause 20 -- Section 38 of Act 673 amended.

    Nii Adu Mante: Mr. Speaker, I beg

    to move, clause 20, add a new paragraph (c) as follows:

    “(c) by the addition of a new subsection

    (4).”

    “(4) Section 38 (1) (e) shall not apply where

    ( a ) a p e r s o n a p p o i n t e d as a d i rector for the ARB Apex Bank Ltd is

    a represen- tative of a bank that is an affiliate to the ARB Apex Bank Ltd; or

    ( b ) i n t h e o p i n i o n o f t h e B a n k o f G h a n a , special circums- tances require that the person be appointed as director of another bank.”

    Question put and amendment agreed to.

    Clause 20 as amended ordered to stand part of the Bill.

    Clause 21-- Section 40 of Act 673 amended.

    Nii Adu Mante: Mr. Speaker, I beg to move, clause 21, subclause (9), lines 1 and 2, delete “commits an office and”.

    The new subclause 9 would read as follows:

    “A bank which contravenes any provisions of this section shall pay to the Bank of Ghana a fine of 1,000 penalty units.”

    Question put and amendment agreed to.

    Clause 21 as amended ordered to stand part of the Bill.

    Clauses 22 to 24 ordered to stand part of the Bill.

    Clause 25 -- Section 60A of Act 673 inserted.

    Nii Adu Mante: Mr. Speaker, I beg to move, clause 25, line 3, delete “Adviser” and substitute “adviser”.

    So that it would read, “Appointment of an adviser.”

    Question put and amendment agreed

    to.

    Nii Adu Mante: Mr. Speaker, I beg to move, clause 25, section 60B, line 2, delete “action” and substitute “Section”.

    It is through a typographical error. The word “action” should be “section”.

    Question put and amendment agreed to.

    Nii Adu Mante: Mr. Speaker, I beg to move, clause 25, section 60B, paragraph (k), delete “petition the High Court” and substitute “appoint a liquidator”.

    So paragraph (k) would read, “Appoint a liquidator for the winding up of the bank.”

    Question put and amendment agreed to.

    Clause 25 as amended ordered to stand part of the Bill.

    Clause 26 ordered to stand part of the Bill.

    Clause 27 -- Sections 69A and 69B of Act 673 inserted.

    Nii Adu Mante: Mr. Speaker, I beg to move, clause 27, line 1, after “by” insert the following:

    “the deletion of voluntary in the head notes of Section 69 (A) and

    69 (B)”.

    The whole new clause would read as follows:

    “The principal enactment is amended by the deletion of “voluntary” and the insertion of a new section 69A and 69B.”
    Mr. Osei Kyei-Mensah-Bonsu 11:50 a.m.
    Mr.
    Speaker, just to make it tidier. I think what we have captured there, the word voluntary should be in quotes. So the deletion of voluntary -- we are referring to the word voluntary.
    Nii Adu Mante: Mr. Speaker, maybe I was not clear when I was reading. But let me do it once again for the hon. Member to appreciate what I was trying to do. I am saying that, in line 1 of clause 27, after the word ‘by' we are inserting the following words:
    “The deletion of voluntary in the head notes of section 69 and the insertion of a new section 69(A) and 69(B)”
    This is all that we are saying. So I do not see the reason why he wants voluntary to have those parenthesis.
    Mr. Kyei-Mensah-Bonsu 11:50 a.m.
    Mr. Speaker, I think we are operating on the same wavelength. The word voluntary there is what they wanted deleted from section 69, which is why I am saying that the word voluntary should be in quotation marks. That is precisely what I am telling him but in reading it we would not have to do that. As captured here, that is the proper thing to do and that is what I am telling him.
    Nii Adu Mante: Mr. Speaker, I would not drag this matter much but he should take care and read page 6, clause 7 on how the whole expression has been captured and I think that would be enough to explain our present position.
    Mr. Speaker 11:50 a.m.
    Hon. Member, but for the purposes of the record, let us have your amendment.
    Nii Adu Mante: Mr. Speaker, I am saying that the amendment would therefore read:
    “The principal enactment is amended by the deletion of ‘voluntary' in the head notes of section 69 and the
    insertion of new section 69(A) and
    69(B).”
    Question put and amendment agreed to.
    Clause 27 as amended ordered to stand part of the Bill.
    Clauses 28 and 29 ordered to stand part of the Bill.
    Clause 30 - Section 83 of Act 673 amended.
    Mr. Joe Ghartey 11:50 a.m.
    Mr. Speaker, clause 30 (4) (c) states that the disclosure of information to the Financial Intelligence Act set up under the Anti-Money Laundering Act -- Mr. Speaker, we do not have that Act yet so if we could say “under the law on money laundering in force”, because we do not have an Act yet.
    Mr. Speaker 11:50 a.m.
    So let us have your formulation for purposes of the record
    Mr. Ghartey 11:50 a.m.
    Mr. Speaker, I beg to move clause 30 (4) (c), the rendition should read:
    “The disclosure of information to the Financial Intelligence Centre set up under the law on anti-money laundering in force.”
    Question put and amendment agreed to.
    Clause 30 as amended ordered to stand part of the Bill.
    Clause 31 - Section 84 of Act 673 amended.
    Mr. Ghartey 11:50 a.m.
    Mr. Speaker, I apologise but the same thing occurs in clause 31 (3) (i) and if I may formulate my proposed amendment -- [Pause.]
    Mr. Speaker, I beg to move, clause 31 (3) (i) should read 11:50 a.m.
    “The bank is required to make a report or provide additional information on a suspicious transaction to the Financial Intelligence Centre set up under the law on anti-money laundering in force.”
    Question put and amendment agreed to.
    Clause 31 as amended ordered to stand part of the Bill.
    Clause 32 ordered to stand part of the Bill.
    Clause 33 - Section 87 of Act 673 amended.
    Nii Adu Mante: Mr. Speaker, I beg to move, clause 33, line 1, delete “of” and substitute “for”.
    Question put and amendment agreed to.
    Clause 33 as amended ordered to stand part of the Bill.
    Clause 34 - Section 89A and 89B of Act 673 inserted.
    Mr. Haruna Iddrisu 11:50 a.m.
    Mr. Speaker, with your indulgence, clause 34, the insertion of 89(B), we would want a more convin-cing rationale why the exemption clause is being inserted; other than that I would want to stand opposed to it before you put the Question on it. The original provision was on offences; now he is inserting something on exemptions, and I just wanted a rational justification for that.
    Nii Adu Mante: Mr. Speaker, if he can come again, I did not appreciate the reasoning he gave for that objection.
    Mr. Speaker 11:50 a.m.
    Hon. Member for Tamale South, if you may further explain.
    Mr. H. Iddrisu 11:50 a.m.
    Mr. Speaker, I just need a justification why he is giving exemptions for payments for duty, levy and tax by Class II banking institutions -- Just an explanation as to why that is being given.
    Nii Adu Mante: Mr. Speaker, my under-standing is that it is a tax incentive for those types of companies to set up these businesses in this country.
    Mr. H. Iddrisu 11:50 a.m.
    Mr. Speaker, it is not enough. I think Government thrives on revenue and once they are establishing a banking institution, whether one, two or three, they must pay their obligation to the State. I vehemently oppose this exemption clause being added to this as he is not ready to give any justification. He says it is a normal thing. Is that how we deal with exemptions in laws? I do not think that this is acceptable.
    Prof. Gyan-Baffour 11:50 a.m.
    Mr. Speaker, we are dealing with three types of banks here. Class I banks are the traditional banks that we have; then the Class II banks, which are the subject matter we are discussing now. These types of banks are actually attracted to come into a country because of the tax holidays and because the place is a tax haven. Nobody would come in to set up -- I do not want to use that offshore word, but in offshore banking always the attraction is to give them a tax incentive, and that is why we are giving tax incentive to these class II banks; and that is the only way we can attract them to come into our country, Mr. Speaker.
    Minister for Finance and Economic Planning (Mr. Kwadwo Baah-Wiredu) noon
    Mr. Speaker, we thank our hon. Friend for raising this issue, but he came up with

    it and there is a write-up. In fact, in the Economics of February 24 to March 2 which talks about offshore financing, one of the major ways of attracting the banks and other institutions to come in is to make sure you grant them exemptions, as far as possible, to attract them.

    So there is a complete write-up on that. Immediately you remove that exemption then obviously you are not going to attract them. It can be as low as 10 per cent or other rates but the thing is that we must be able to grant the exemptions to allow them to operate. Without that the offshore financing cannot take place.
    Mr. H. Iddrisu noon
    Mr. Speaker, can we still find a way of couching the language there so that this House can still be able to exercise its authority in terms of granting tax exemption? We just do not give a blank cheque that they are exempted from all levies, duties and other related issues. If we can qualify it “as Parliament may grant them”, I think that it would be more satisfactory. I do not now know whether it makes sense; we should not just put in an exempt clause.
    Prof. Gyan-Baffour noon
    Mr. Speaker, the taxes that are being exempted are in fact part of this Bill. When you look at Schedule 4 you see the taxes actually outlined there, one by one.
    Question put and amendment agreed to.
    Clause 34 as amended ordered to stand part of the Bill.
    Clause 35 - Section 90 of Act 673 amended.
    Nii Adu Mante: Mr. Speaker, I beg to move, clause 35, subclause (c), under Class I Banking Business, line 3, delete “cedi” and substitute “currency”.
    Mr. Speaker, if you would notice, under the clause we have (a), (b) and (c); and under (c) we have Class I Banking, Class II Banking, and so forth. We are saying that under Class II Banking, line 3, the word “cedi” should read “currency”. So the rendition there should be: “The Ghanaian currency” and not the “Ghana cedi”. Mr. Speaker, this is the amendment we are proposing.
    Question put and amendment agreed to.
    Nii Adu Mante: Mr. Speaker, I beg to move, clause 35, subclause (c), add the following definition:
    “‘Concordant' means agreement”.
    Question put and amendment agreed to.
    Clause 35 as amended ordered to stand part of the Bill.
    Clause 36 - First, Second and Third Schedules to Act 673 inserted.
    Nii Adu Mante: Mr. Speaker, I beg to move, Head Note, delete “Second and Third Schedules” and substitute “Second, Third and Fourth Schedules”.
    Mr. Chireh noon
    Mr. Speaker, I wanted to draw attention to the Fourth Schedule where this is included: “and any other acts specified by the Minister”. I thought that did not really belong there and I wanted to move that we delete that portion.
    Mr. Speaker noon
    Let us go through the Schedules and when we come to the Fourth Schedule -- [Pause.]

    First, Second and Third Schedules ordered to stand part of the Bill.

    Fourth Schedule -- Section 89B.
    Mr. Chireh noon
    Mr. Speaker, if you look at that Schedule, you have at the end of Stamp Duty Act, 2005, Act 689, “. . . and any other Act specified by the Minister”. That is not where it should be. Indeed, it should be deleted and instead we should provide a substantive clause which I propose should be 89B, a second new clause which says: “The Minister by Legislative Instrument will amend the Schedule.” So as far as this is concerned it does not belong there at all. So we should put it properly and it should be in the power of the Minister to bring a Legislative Instrument to amend it. I so move.
    Mr. Speaker noon
    Chairman of the Committee, what do you say to that?
    Nii Adu Mante: Mr. Speaker, I have no objection to that opinion of my good Friend.
    Mr. Speaker noon
    What is the formulation please, for record purposes?
    Mr. Chireh 12:10 p.m.
    Formulation for 89B, new clause, is that:
    “The Minister may by a Legislative Instrument amend the Schedule”.
    Question put and amendment agreed to.
    Fourth Schedule as amended ordered to stand part of the Bill.

    Nii Adu Mante: Mr. Speaker, before we go to the Long Title, we have forgotten one amendment, and that is the definition of ‘external bank'. Mr. Speaker, at this

    stage we think we should propose that amendment which should be captured, in that the words ‘external bank' should mean “a bank that is not resident in Ghana”. This should be part of the Interpretation because of this Bill. And so it would read as follows: “An external bank means a bank that is not resident in Ghana”. This is different from a foreign bank.
    Mr. Kyei-Mensah-Bonsu 12:10 p.m.
    Mr. Speaker, I thought the definition of the ‘external bank' may not be complete if we do not add that even though they are not located outside Ghana they operate in Ghana, otherwise it would refer to every external bank. And so I would want to plead with the Committee to include these words - “they are located outside Ghana but operate in Ghana”.
    Mr. Speaker 12:10 p.m.
    Chairman of the Committee, what do you say to that?
    Nii Adu Mante: Mr. Speaker, maybe,
    Mr. Speaker 12:10 p.m.
    Hon. Chairman, then formulate it for us to put the Question.
    Nii Adu Mante: “An external bank means a bank that is not resident in Ghana simpliciter.”
    Question put and amendment agreed to.
    Nii Adu Mante: Mr. Speaker, before we go ahead, under clause 36, the First Schedule, where we have type of licence, general banking business, rural banks,
    class one banking licence, class two banking licence, the last column following these classes of licences, you would find the minimum paid-up capital.
    Mr. Speaker, against the rural bank it has been classified under general banking business, which requires ¢70 billion as the paid-up capital; but in actual fact the rural bank paid-up capital is ¢500 million. For that matter, Mr. Speaker, we want this thing inserted. I think that we should leave that for the draftsperson, with your permission.
    Mr. Speaker 12:10 p.m.
    What do you want inserted so that we can put the Question?
    Nii Adu Mante: Mr. Speaker, under rural bank it should read ¢500 million.
    Mr. Speaker 12:10 p.m.
    ¢500 million in respect of the rural bank?
    Nii Adu Mante: Yes, Mr. Speaker.
    Mr. Speaker 12:10 p.m.
    You want this to be so amended?
    Nii Adu Mante: Yes, Mr. Speaker.
    Question put and amendment agreed to.
    Nii Adu Mante: Mr. Speaker, you would also notice that the Class II banking licence, that class of banking institutions, we have in that column “million US dollars or the equivalent and such other freely convertible currency as the Bank of Ghana may determine”. Mr. Speaker, there is no figure as to the actual amount required. My understanding is that the Governor of the Bank of Ghana says that it should read as follows: “as the Governor of the Bank may specify” -- the figure would be as the Bank of Ghana may specify.
    Mr. Speaker 12:10 p.m.
    Chairman of the

    Committee, but we have other words here -- “as the Bank of Ghana may determine”.

    Nii Adu Mante: But Mr. Speaker, in the first line thereof you would notice that there is no figure on the “million US dollars”. Mr. Speaker, it appears that has been fashioned out, as of now. So we are creating an atmosphere where the Governor of the Bank of Ghana may specify as and when he deems fit, as to the quantum of the paid-up capital.
    Mr. Speaker 12:10 p.m.
    Then you read the whole thing -- “as the Bank of Ghana may determine”.
    Nii Adu Mante: Yes. So Mr. Speaker, I think we should remove all the words there and leave the words “as the Bank of Ghana may determine”, so that “million US dollars or the equivalent with such other freely convertible currency” should go, and “as the Bank of Ghana may determine” should remain. Mr. Speaker, if this is clear to you, this is the intention of the proponents of this Bill.
    Mr. Speaker 12:10 p.m.
    Let it be clearer, please. Nii Adu Mante: Mr. Speaker, I am
    saying that under that class of banking, the words “million US dollars or the equivalent and such other freely convertible currency as the Bank of Ghana may determine” should now read as follows: “as the Governor of the Bank of Ghana may determine”.
    Mr. Speaker 12:10 p.m.
    In other words, you are deleting all the words?
    Nii Adu Mante: That is so, Mr. Speaker.
    Mr. Chireh 12:10 p.m.
    Mr. Speaker, whilst sup- porting the amendment I would still prefer that we keep it as “as the Bank of Ghana may determine”, because we should not give it to a single person but the Bank of Ghana.
    Mr. Speaker 12:10 p.m.
    Chairman of the Committee, that is the point made.
    Nii Adu Mante: This is much more proper, as I earlier on stated; or any other official.
    Mr. Speaker 12:10 p.m.
    Bank of Ghana may determine - is it as the Governor or as the Bank of Ghana may determine?
    Nii Adu Mante: As the Bank of Ghana may determine. The whole bank is an institution.
    Question put and amendment agreed to.
    Clause 36 as amended ordered to stand part of the Bill.
    Mr. Speaker 12:10 p.m.
    Chairman of the Committee, the Long Title now.
    Long Title - An Act to amend the Banking Act 2004, Act 673 to facilitate the establishment of an international financial services centre and to provide for other related matters.
    Nii Adu Mante: Mr. Speaker, I beg to move, Long Title, delete and substitute the following:
    “An Act to amend the Banking Act, 2004 (Act 673) to facilitate the establishment of an International Financial Services Centre that seeks to attract foreign direct investment, income from licence fees payable in foreign currencies, create employ- ment, enhance local skills and knowledge, strengthen the financial sector through expansion in the use of investment banking instruments; and to provide for related matters.”
    Mr. Speaker, this is to capture the entire intention of the new institution that the Bill seeks to create and for that matter this is
    the new rendition that your Committee proposes to the House.
    Question put and amendment agreed to.
    The Long Title as amended ordered to stand part of the Bill.
    Mr. Speaker 12:20 p.m.
    We have come to the end of the Consideration Stage of the Banking (Amendment) Bill.
    Suspension of Standing Order 131 (1)
    Minister for Finance and Economic
    Planning (Mr. K. Baah-Wiredu): Mr. Speaker, I beg to move, that notwith- standing the provisions of Standing Order 131 (1) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least twenty-four hours have elapsed, the motion for the Third Reading of the Banking (Amendment) Bill may be moved today.
    An hon. Member: Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS - THIRD READING 12:20 p.m.
    PAPERS 12:20 p.m.
    Mr. Kyei-Mensah-Bonsu 12:20 p.m.
    Mr. Speaker, I crave your indulgence to lay the Paper on behalf of the Chairman of the Committee.
    Mr. Speaker 12:20 p.m.
    Yes. Go ahead.
    By Mr. Osei Kyei-Mensah-Bonsu (on behalf of the Chairman) --
    Report of the Committee of the Whole on the Proposed Formula for the Distribution of the Ghana Education Trust Fund (GETFund) for the Year 2007.
    Mr. Speaker 12:20 p.m.
    Majority Leader, which item should we take at this stage?
    Mr. Owusu-Adjapong 12:20 p.m.
    Mr. Speaker, item number 12.
    Suspension of Standing Order 128 (1)
    Minister for Manpower, Youth and Employment (Alhaji A. S. Boniface) 12:20 p.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 Fair Wages and Salaries Commission Bill may be taken today.
    Mr. Paul Okoh 12:20 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Speaker 12:20 p.m.
    We now move to item
    13.
    BILLS - CONSIDERATION 12:20 p.m.
    STAGE 12:20 p.m.
    Mr. Speaker 12:20 p.m.
    Chairman of Committee, do you have any amendment?
    Mr. Paul Okoh 12:20 p.m.
    Mr. Speaker, I beg to move, clause 2, paragraph (b), line 1, between “to” and “advise” insert “develop and” and after “Government” insert “ on”. So that now the clause will read, “to develop and advice government on and ensure that decisions or matters related to . . .”
    Question put and amendment agreed to.
    Mr. Speaker 12:20 p.m.
    Chairman of Committee, do you have a further amendment?
    Mr. Okoh 12:20 p.m.
    Mr. Speaker, I beg to move, clause 2, paragraph (c), delete “manage and co-ordinate” and substitute “undertake”.
    Question put and amendment agreed to.
    Mr. Kyei-Mensah-Bonsu 12:20 p.m.
    Mr. Speaker, I rose up and I thought I was going to catch your eye; it is in respect of clause 2 (b). We have (i), (ii), (iii) and (iv). Mr. Speaker, “the Commission is to develop and advise Government on and ensure that decisions on matters related to . . .” Those items categorised under (i), (ii), (iii) and (iv) are implemented. All of them are implemented.

    Mr. Speaker, the implementation is not restricted to (iv) only; it is in respect of all items categorised under (i), (ii), (iii) and (iv). For that reason, the word “are implemented” should be deleted from (iv) and relocated elsewhere. That is before (c) so that it will apply to (i), (ii), (iii) and (iv). As it is now, it appears it covers only (iv) and that is not its proper place. I hope the Chairman understands what I am saying.
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, I agree with him.
    Mr. Speaker 12:30 p.m.
    So, what should be the formulation, for record purposes?
    Dr. P. K. Nduom 12:30 p.m.
    Mr. Speaker, the appropriate rendition would be to remove “implemented” and insert the same after “decisions” so that it would read “. . . government and ensure that decisions are implemented on matters related to . . .”
    Mr. Kyei-Mensah-Bonsu 12:30 p.m.
    Mr. Speaker, that as well captures the sense in what I was saying. I think it is also acceptable.
    Question put and amendment agreed to.
    Clause 2 as amended ordered to stand part of the Bill.
    Clause 3 -- Funct ions of the Commission.
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, I beg to move, clause 3, paragraph (d), delete “evaluation” and substitute “review”.
    Question put and amendment agreed to.
    Mr. Speaker 12:30 p.m.
    Yes, Chairman of the Committee -- Roman (iv).
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, I beg to move, clause 3, paragraph (f), delete all the words after “position”.
    Mr. Kyei-Mensah-Bonsu 12:30 p.m.
    Mr. Speaker, if one looks at the “Objects of the Commission” which we have just dealt with, in the wisdom of the Committee they proposed that paragraph (c) where the words “co-ordinate and manage” are stated, we should delete those words and insert in their place “undertake”.
    When we come to the “Functions of the Commission”, they are proposing that we retain these words. I just wanted to know the justification for the deletion of the words under the “Objects of the Commission” and retention of same words under the “Functions of the Com- mission”, that is clause 3 (g).
    Mr. Speaker 12:30 p.m.
    Chief Whip, we are now dealing with paragraph (f).
    Mr. Kyei-Mensah-Bonsu 12:30 p.m.
    Mr. Speaker, for now, I understand but we will come to that.
    Mr. Speaker 12:30 p.m.
    That is all right.
    Mr. Chireh 12:30 p.m.
    Mr. Speaker, on the Order Paper you have “position” but in the Bill it is “positions”. At which point are we to delete the rest? I do not know which one they want us to retain.
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, “positions”.
    Mr. Speaker 12:30 p.m.
    After “positions”, not “position”. Right.
    Question put and amendment agreed to.
    Mr. Speaker 12:30 p.m.
    Roman (v) -- Chairman of the Committee?
    Mr. Okoh 12:30 p.m.
    Mr. Speaker I beg to move,
    clause 3, paragraph (g), after “bargaining” insert “agreement”.
    Mr. Kyei-Mensah-Bonsu 12:30 p.m.
    Mr. Speaker, the word “agreement” is already there. So is he saying that we should delete the letter “s” so that we have “agreement” and not “agreements”? It is very much unclear. In any event, the issue that I raised now finds relevance in the retention of the words “co-ordinate” and “manage”, when the Committee said that we should delete those words in considering the “Objects of the Commission” under 2 (c ).
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, there is an error here. Clause 3 (g), insert “processes” between “bargaining” and “agreement” -- that should be the amendment.
    Mr. Speaker 12:30 p.m.
    What should be the amendment? Let us have it, Chairman of the Committee, again for record purposes.
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, we are deleting “agreements” and inserting “processes”.
    Mr. Speaker 12:30 p.m.
    You are deleting “agreements” and inserting “processes”?
    Mr. Kyei-Mensah-Bonsu 12:30 p.m.
    Mr. Speaker, I believe the Chairman of the Committee will help the House if he explains further the import of this amendment, because we do know that the bargaining process ends in agreements. Is he saying that the bargaining processes should not concern -- or they are just saying that they are monitoring the processes?
    Alhaji Boniface 12:30 p.m.
    Mr. Speaker, normally, we have collective bargaining coming up between the Ministry and the various agencies but the Fair Wages Commission will co-ordinate and manage the bargaining processes that will take place. So they will be the co-ordinating body between the Government which is
    the direct or indirect employer. That is all it has to do.
    Question put and amendment agreed to.
    Mr. Speaker 12:30 p.m.
    Roman (vi) -- Chairman of the Committee?
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, I beg to move, clause 3, paragraph (h), delete and substitute “liaise with the Ministry responsible for Finance and the Ministry responsible for Employment to ensure that mandates are provided to negotiations concerned with this Act, except provided in article 71 of the Constitution.”
    Mr. Chireh 12:30 p.m.
    Mr. Speaker, I do not think that we need to add “except provided in article 71 . . .” It is obvious that the Fair Wages and Salaries Commission cannot negotiate our salaries for us. It is just redundant. They should leave it at that; and the Act is specific.
    Mr. Speaker 12:30 p.m.
    Chairman, there is a question; what is the need to add these words?
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, for emphasis; I think it does no harm to what we have put there.
    Mr. Speaker 12:30 p.m.
    Do you accept the amendment or you do not?
    Mr. Okoh 12:30 p.m.
    No, Mr. Speaker.
    Mr. Speaker 12:30 p.m.
    You do not?
    Mr. Okoh 12:30 p.m.
    No.
    Mr. Speaker 12:30 p.m.
    Right.
    Mr. Haruna Iddrisu 12:30 p.m.
    Mr. Speaker, I thought that the Chairman would have accepted this unharmful amendment from hon. Chireh. In particular, clause 3 (a) has already taken care of the exceptions referred to under article 71 of

    the Constitution. Under the functions it is stated: “(a) implement public service pay policy, except the determination of emoluments under article 71 of the Constitution”.

    So that has been taken care of and you do not need to repeat it - what he is supposedly insisting on.
    Mr. Speaker 12:30 p.m.
    Chairman of the Committee, what do you say?
    Mr. Okoh 12:30 p.m.
    Mr. Speaker, with that explanation, I will accept it.
    Mr. Kyei-Mensah-Bonsu 12:40 p.m.
    Mr. Speaker, further to that I believe what we have here is to ensure that mandates are provided to “negotiators” and not to “nego-tiations”. So that correction should be effected.
    Mr. Speaker 12:40 p.m.
    Is it acceptable to you, Mr. Chairman?
    Mr. Okoh 12:40 p.m.
    Mr. Speaker, that was a typographical error and it should be corrected.
    Mr. Kyei-Mensah-Bonsu 12:40 p.m.
    Mr. Speaker, I just noticed that that clause itself is really a bit difficult to understand: “Ensure that mandates are provided to negotiators concerned with this Act.” Mr. Speaker, what do we exactly mean? Is it “nego-tiators under this Act”? I think that will be tidier instead of saying “negotiators concerned with this Act”.
    Mr. Okoh 12:40 p.m.
    Mr. Speaker, under this Act, I think it stands well in the sentence.
    Mr. Speaker 12:40 p.m.
    Do you want it stood down, Chairman?
    Mr. Okoh 12:40 p.m.
    Yes, Mr. Speaker.
    Mr. Speaker 12:40 p.m.
    What do you want,
    please?
    Mr. Okoh 12:40 p.m.
    Mr. Speaker, I agree with the amendment.
    Mr. Speaker 12:40 p.m.
    So what is the amendment you agree to? [Laughter.]
    Mr. Okoh 12:40 p.m.
    Mr. Speaker, the “negotiators under this Act”.
    Dr. Nduom 12:40 p.m.
    Mr. Speaker, we are discussing this matter as we have strengthened the hands of the Commission as the negotiator. When we talk about “are provided to negotiators”, we should realise that there are no negotiators except the Commission. The Commission is the negotiator on behalf of Government. So I do not see the locus of this particular provision that is here -- Yes, the negotiator is the Commission; there are no other negotiators. If the Commission ends up giving someone else the mandate to do something on its behalf, that is another matter -- [Interruption.]
    Alhaji Boniface 12:40 p.m.
    Mr. Speaker, normally, we seek mandate from the Ministry of Finance and Economic Planning and you give mandates to the various agencies to come and negotiate. And so with the Fair Wages and Salaries Commission which has the mandate of the Ministry of Finance and Economic Planning and the Ministry of Manpower, Youth and Employment they will then deal with the other negotiators who would come under the Act.
    Therefore, if you say the “negotiator”, I do not think it stands well. The Commission is representing the Ministry of Finance and Economic Planning and Ministry of Manpower, Youth and Employment and dealing with the negotiators because you have given them the mandate. We normally receive the mandate from the Ministry of Finance to then call people to
    come and negotiate with us as arbitrators in-between. So this is what the Act is talking about.
    Dr. Nduom 12:40 p.m.
    Mr. Speaker, not to belabour the point, but the past is what we are trying to change. And in the past, we had the Ministries of Finance and Manpower providing a mandate to, for example, the negotiator which might be the Ghana Education Service Council. Now with this Bill, what we are proposing is, indeed it is not the Council that is negotiating; it is the Commission, and the Commission may draw in the Council. So the one that the mandate is being given to is the Commission.
    But if the understanding of the hon. Minister is that by saying “negotiator”, it is the Commission empowering other people, I do not mind. But perhaps we might want to take a look at this particular matter. It is the Commission, it is not anybody else any longer; and we must be clear about that fact, Mr. Speaker.
    Mr. Chireh 12:40 p.m.
    Mr. Speaker, I think that the position of the Minister for Manpower, Youth and Employment, what he is saying and what I agree with is that no matter which organization the Commission is going to, as a negotiator to negotiate with, there will be other people and they should be clothed under this Act to also have the mandate to support even the Commission in the negotiations. That is what I think should be the understanding.
    For instance, if we are talking about the Ghana Education Service (GES) negotiating with teachers, at that point, the mandate of the Commission as negotiator on behalf of Government is clear, but these people must be there. They are also part of the negotiations. So the use of the plural here really does not detract much from the meaning of this Act.
    Mr. Speaker 12:40 p.m.
    What amendment do
    Mr. Okoh 12:40 p.m.
    Mr. Speaker, I want us to maintain what is there as amended. We said that - [Interruption] - Mr. Speaker, from the advice I am getting from the Ministers, we would want to stand this one down for further discussions.
    Mr. Kyei-Mensah-Bonsu 12:40 p.m.
    Mr. Speaker, I believe this goes to the bottom of this Bill. Mr. Speaker, the object of the Commission in the original Bill before us, as per clause 2 (c), is to manage and co-ordinate negotiations. And that will mean that if we start with that then this one will hold good -- 3 (h) will hold good. But now we deleted “managing and co-ordinating negotiations” and we are saying that it is the Commission that should undertake the negotiations. That is what we did for 2 (c ).
    If we go by that, then I may agree that in the circumstance we may even have to not only amend (h) but also delete the entire (h). Because, if we do not and we stick to the amendment in 2 (c) and then come to say that to achieve its objectives the Commission shall liaise with the Ministry of Finance and Economic Planning and the Ministry of Manpower, Youth and Employment to ensure that mandates are provided to the negotiator, which negotiator are we talking about?
    Are we saying that the Commission should provide itself with the mandate? Because that is the import of (h), if we stick to the negotiator. So there is some confusion and maybe if we stood it down, as they are saying, it would be better.
    Mr. Chireh 12:40 p.m.
    Mr. Speaker, you see, the problem is that it is the Ministry of Finance and Economic Planning that must say how far it can go, it can pay the people.
    Again, traditionally, it is the Ministry of Employment that is supposed to be doing the negotiations. If the negotiator is going to do the negotiation with any group, it does not have to be any particular group whose salary and conditions come from the public purse.
    They must get the mandate from these two Ministers, and that is the liaison that we want them to have with the two Ministers, to give the Commission the ceilings as to what they can go and negotiate. If you go without the liaison between the Ministries, what are you going to negotiate on, on your own?
    Mr. Okoh 12:40 p.m.
    Mr. Speaker, in view of the corrections that we have made or read I think it is better we delete the whole clause.
    Mr. Speaker 12:40 p.m.
    Thus, clause (h) is deleted.
    Mr. Okoh 12:50 p.m.
    Mr. Speaker, I beg to move, clause 3, paragraph (k), line 1, delete “develop and monitor” and substitute “advise on”.
    Mr. Chireh 12:50 p.m.
    On a point of order, Mr. Speaker.
    Mr. Speaker 12:50 p.m.
    Yes, hon. Member for
    Wa West?
    Mr. Chireh 12:50 p.m.
    Mr. Speaker, you have not put the Question on the deletion. So I thought that we should do that and carry on. The deletion of paragraph (h) has not been voted on.
    Mr. Speaker 12:50 p.m.
    I t is completely withdrawn.
    Dr. Brempong-Yeboah 12:50 p.m.
    Mr. Speaker, I was just going to agree with my hon. Colleague that that particular paragraph
    (h) is to be deleted.
    Mr. Speaker 12:50 p.m.
    He has said so. It is deleted.
    Mr. Chireh 12:50 p.m.
    Mr. Speaker, with your indulgence, I want to explain something; that we are amending the Bill as it has come to us. In their amendment, they were substituting. Now, they have agreed that they want to delete. If they are deleting, are we deleting the proposed amendment or deleting the one which is in the Bill? And if it is so, we must now ask him to move the motion for the deletion of this, and then we vote on it.
    Mr. Speaker 12:50 p.m.
    Hon. Chairman, I think that is the appropriate procedure.
    Mr. Okoh 12:50 p.m.
    Mr. Speaker, I beg to move, clause 3, paragraph (h) as it stands should be deleted.
    Question put and amendment agreed to.
    Mr. Speaker 12:50 p.m.
    We continue to paragraph (k).
    Mr. Kyei-Mensah-Bonsu 12:50 p.m.
    Mr. Speaker, for consistency, again, if you go back to the “Objects of the Commission” as amended by the Chairman, it is to develop and advise government; and he says that we should delete “develop and monitor” and just insert “advise on”. For consis-tency, why do we not say, “to develop and advise on”? Thus, the amendment he proposed under clause 2(b) would be consistent.
    Dr. Nduom 12:50 p.m.
    Mr. Speaker, the sugges- tion by the hon. Member should not be taken. This is because if he goes back to the objects, this one, the responsibility for performance management, is not part of the “Objects of this Commission”. It is where we talk about areas relating to the objects of the Commission where we
    would say “develop and advise”. It is the performance management processes, if you will, administering for management processes that the Councils, whether it is Civil Service or whatever else have primary responsibility for. So it does not pertain to this particular one.
    Mr. Kyei-Mensah-Bonsu 12:50 p.m.
    Mr. Speaker, apart from consistency, I just brought it back to let them reflect and realize that one cannot develop government. So what they did under clause 2 (b) was wrong -- “to develop government and ensure that decisions on matters are related to . . .” That is it; clause 2 (b). It is wrong when you say “develop government”. They have said “to develop and advise government”. How does one develop government?
    Mr. Speaker 12:50 p.m.
    Hon. Chairman of the Committee, let us hear you on that.
    Mr. Okoh 12:50 p.m.
    Mr. Speaker, I think he should read the rendition very well; “develop and advise government on matters related to . . .” So it follows.
    Mr. Speaker 12:50 p.m.
    Hon. Chairman, “advice”, is it “s” or “c”?
    Mr. Okoh 12:50 p.m.
    It is “s”.
    Mr. Speaker 12:50 p.m.
    Well, so corrected.
    Mr. Chireh 12:50 p.m.
    Mr. Speaker, the problem he has pointed out is really a drafting problem because what is to be done, what is to be developed are the things that have been listed and not the government. Therefore, where the qualifier is, is the problem. If we agree in principle the drafters should look at it to make sure that what is being developed are these items and not the government.
    Question put and amendment agreed to.
    Mr. Speaker 12:50 p.m.
    Hon. Chairman, item (viii)?
    Mr. Okoh 12:50 p.m.
    Mr. Speaker, before I go to (viii), your Committee would want to propose another amendment.
    I beg to move, clause 3, paragraph (m), delete completely.
    Question put and amendment agreed to.
    Mr. Okoh 12:50 p.m.
    Mr. Speaker, I would want us to go back to clause 2, paragraph (b); and I want to plead that the position of “develop” should be taken care of by the drafters so that it would be put at the proper position.
    Mr. Speaker, what I am saying is that in clause 2 (b) the word “develop” should be maintained, but I think its position should be decided by the drafters.
    Mr. Speaker 12:50 p.m.
    Hon. Minister for Ashanti Region, which clause were you referring to?
    Mr. Owusu-Ansah 12:50 p.m.
    Mr. Speaker, I did not get the item that was to be deleted.
    Mr. Speaker 12:50 p.m.
    “m”.
    Mr. Okoh 12:50 p.m.
    Yes, “m”.
    Mr. Speaker 12:50 p.m.
    Thank you for the correction.
    Mr. Okoh 12:50 p.m.
    Mr. Speaker, I beg to move, clause 3, paragraph (o), delete.
    This is because we are talking about labour disputes, and that should be done by the National Labour Commission. When you say cooperate, what it means is that it
    is going to bring about some conflict. How do they cooperate? The mandate has been given to the National Labour Commission; why do they need someone to cooperate with them? Let them do their work and if people are not satisfied, it can go to the Appeal Court. That is the explanation.
    Mr. H. Iddrisu 1 p.m.
    Mr. Speaker, it is important that in considering this Bill we look at the various parts of it as a whole. In one breath you are saying we should delete (o); in another breath you have grievances procedure which you seek to establish under clause 18. Grievances naturally would engender disputes; and I thought that instead of deleting it you would rather substitute the word “cooperate” for “collaborate” so that you still can maintain it; because the National Labour Commission can work in tandem with this Commission in order to be able to resolve some related disputes that may arise.
    Mr. Speaker 1 p.m.
    Hon. Member for Tamale South, you want to vote against this -- [Interruption.]
    Mr. H. Iddrisu 1 p.m.
    Mr. Speaker, I would say that it should be maintained but with the word “cooperate” deleted and substituted with “collaborate” -- “collaborate with the Labour Commission on the settlement of industrial disputes”.
    Mr. Okoh 1 p.m.
    Mr. Speaker, I do not agree with his amendment in the sense that each body has been given a specific role to play at a specific time. So the grievances committee or the board would have their roles to play. If anybody is not satisfied with that, the person has the right to go to the National Labour Commission. At that step, if the person is not in agreement the person can go back to the Appeal Court. So I think we cannot marry all the three like that.
    Dr. Nduom 1 p.m.
    Mr. Speaker, I agree with your Committee Chairman on this matter because of the kinds of grievances that we are talking about that this committee would deal with. For example, if somebody has been placed at a certain level and he is not in agreement, he can go to that grievance committee and have that settled. That is an administrative matter. It is different from when we have gone through and we say we have labour disputes or disagreements. That is at a higher level of argument or dispute or disagreement. That is where the Labour Commission then comes in. And Mr. Speaker, we had representation from the Labour Commission and they would be happy if we do not tread on their territory.
    Mr. Chireh 1 p.m.
    Mr. Speaker, indeed, this deletion, I think, is not proper because we have government institutions, public institutions; you say they should cooperate, and that one too is a problem. So should they refuse to cooperate with them? If the grievances committee is unable to resolve a problem and it is now before the Labour Commission and the Labour Commission invites them and they say they will not cooperate, what are you going to do about it? So cooperation is something good and everybody should encourage it, particularly between public institutions.
    Alhaji Boniface 1 p.m.
    Mr. Speaker, it goes without saying that all institutions or sectors do cooperate; it is implied. But for this we need to be very clear and specific, because when we are talking of specifics we do not want a situation where they will be struggling for turf; in the sense that there would be a point where somebody would be confused as to where to take his grievance to, either to go to the Fair Wages Commission or the National Labour Commission.
    So we say anything to do with Labour Commission disputes must go there. But if it has to do with placement, grading, salaries or wages, you bring it to the
    Fair Wages Commission. If you are not satisfied, you can still go to the Labour Commission which has the status of a high court. If you are not satisfied with them, then you go to the Appeal Court. So we must have strata that you follow. It makes it very clear.
    Mr. H. Iddrisu 1 p.m.
    Mr. Speaker, may I withdraw my opposition to the attempt to delete this so that we can make progress.
    Question put and amendment agreed to.
    Mr. Okoh 1 p.m.
    Mr. Speaker, I beg to move, clause 3, paragraph (p), delete.
    Question put and amendment agreed to.
    Clause 3 as amended ordered to stand part of the Bill.
    Clause 4 - Scope of the Act.
    Mr. H. Iddrisu 1 p.m.
    Mr. Speaker, with your indulgence, I would need an explanation why subclause (q) should be part of this Bill -- “(q) review and propose changes to salary related components in enact- ments”; which enactments? And is that the duty of the Commission? Mr. Speaker, I think that (q) should be deleted, and I propose that (q) should be deleted. I so move.
    Dr. Brempong-Yeboah 1 p.m.
    Mr. Speaker, I believe there are several positions and appointments or remunerations that are attached to the level of salary of the individual at that position. We believe that the Fair Wages Commission, when it comes into being, would have to look at all these enactments and relate them to the total compensation that the individual is earning; and that is part of the reason why we believe they have to have a look at all these existing enactments to be able to do their work well.
    Dr. A. A. Osei 1 p.m.
    Mr. Speaker, I do not think so. Mr. Speaker, I think that we are making a law and we are requiring the Fair Wages Commission to look at every enactment and go and review all that. I think that is too much. This is why we have subclauses like “(r) perform other functions . . .” but to put it in the law - we do not even know how many enactments we are talking about. So it is too onerous. I think we should take it out and keep (r).
    Mr. Kyei-Mensah-Bonsu 1 p.m.
    Mr. Speaker, I thought the hon. Deputy Minister for Finance and Economic Planning was really going to oppose it. But he thinks that it is sufficiently captured under (r). I think that is the only reason why he is opposing it. I do not think that we really have to take this one out because they are going to concern themselves with parity, and this is one area that they have to look at -- ensuring parity, equal pay for equal work.
    So Mr. Speaker, I think it is going to be part of their assignment; and we should maintain it. If indeed we were going to say that this one is captured under (r) so it should be deleted then we might as well state just one and retain (r) and delete the others. Mr. Speaker, I think it is really in tandem with the provisions and it should be maintained.
    Mr. Speaker 1 p.m.
    Hon. Member for Tamale South, we are now on clause 4. If you still feel strongly about it you can come back to it.
    Mr. H. Iddrisu 1 p.m.
    Mr. Speaker, rightly so.
    Clause 4 ordered to stand part of the Bill.
    Clause 5 -- Governing body of the Commission.
    Mr. Okoh 1 p.m.
    Mr. Speaker, I beg to move, clause 5, paragraph (c), at end, add “at
    least one of whom is a woman”.
    Mr. Haruna Iddrisu 1:10 p.m.
    Mr. Speaker, I support this amendment but I thought that it would be useful if we had a breakdown of the five other persons that we intend to - If we are saying people with human resource background, people with law background - there are specific institutions that we may want to look on. Just saying five, in my view, is not enough. I think we should break it down. If we want somebody who has legal expertise in labour law, we should say so. If we want somebody who has expertise in human resource management, we should say so. But we should not just give an omnibus provision - “five other persons”. I think that we should have a breakdown of 5 (c) and then we can include -- “one of whom must be a woman” -- With that, I will support the amendment.
    Mr. Okoh 1:10 p.m.
    Mr. Speaker, I think if he reads the clause very well, he would see that it has been spelt out over there that we need some expertise. So for us to even go about to categorise from which section is not necessary. I think that if one brings in his application, it is subject to the approval of the Board or whoever is going to appoint; and they will tell you the sort of qualification that they need.
    Mr. Owusu-Ansah 1:10 p.m.
    Mr. Speaker, I support the provision as it stands now. Specifying the expertise of the five people would be limiting the powers of appointment of the President, who has the authority to appoint. I think that we should allow him to appoint people who in his estimation would be able to do the work.
    Question put and amendment agreed to.
    Clause 5 as amended ordered to stand part of the Bill.
    Mr. Kyei-Mensah-Bonsu 1:10 p.m.
    Mr.
    Speaker, I was a bit confused about the construction under clause 5 (1). It does appear that all seven people, the chairman, the vice-chairman and five others should have expertise in human resource management, wage and salary adminis-tration and law. It should be a combination of the three and I thought that the correct rendition would be “who have expertise in either human resource management, or wage and salary administration or law”. That will be better.
    As captured here, it does appear that every one of them, the chairman, the vice-chairman and five others should have expertise in human resource management, wage and salary administration and law. I do not think that is the intendment of the law.
    Mr. Chireh 1:10 p.m.
    Mr. Speaker, I think what he is saying is very important but at the same time, it really brings out the issue that was raised earlier. If we want to appoint people who have the expertise, there are professional bodies who regulate these persons and they may know.
    We are not asking for nominations but at least we should make it if one has some expertise in human resource management, expertise in salaries and wages and then some expertise in law then one can be a member of the Commission. I think that should be the way it should be framed and not that the Chairman must be a lawyer, he must be a human resource manager and at the same time a salary administrator. I do not think that is correct.
    Clause 6 ordered to stand part of the Bill.
    Dr. A. A. Osei 1:10 p.m.
    Mr. Speaker, I was trying to catch your eye on clause 6. What I have here says that a member of the Board shall hold office for a period not exceeding three years and is eligible for reappointment. I thought that the Chief Executive --
    Clause 7 - Meetings of the Board.
    Mr. H. Iddrisu 1:10 p.m.
    Mr. Speaker, I beg to move, clause 7, line 4, after “present” delete the rest of the words so that it shall read:
    “The Chairperson shall preside at meetings of the Board and in the absence of the Chairperson, the Vice-chairperson shall preside, and in the absence of the vice- chairperson, a member of the Board elected by the members present.”
    The rest of the words should be deleted.
    Question put and amendment agreed to.
    Mr. H. Iddrisu 1:10 p.m.
    Mr. Speaker, I beg to move, clause 7 (8), unless there is justification, I think it should be deleted.
    Clause 7 (8) reads -- “Subject to this section, the Board may determine the procedure for its meetings.” [Inter- ruptions.] It is normal -
    Mr. Speaker 1:10 p.m.
    Have you abandoned your amendment?
    Mr. H. Iddrisu 1:10 p.m.
    Mr. Speaker, let me explain so that I may win some people to my side. Mr. Speaker, we are talking about procedure. We ourselves have already defined the procedure that the chairperson shall preside; in his absence the vice-chairperson. And we have said that if there is time -- We have determined the procedure already and we are going to say that -- [Interruption.] I abandon it, Mr. Speaker.
    Clause 7 as amended ordered to stand part of the Bill.
    Mr. A. O. Aidooh 1:10 p.m.
    Mr. Speaker,
    Mr. Speaker 1:10 p.m.
    I advise that you have a Second Consideration Stage if you so desire. Otherwise, we cannot make progress.
    Clauses 8 to 10 ordered to stand part of the Bill.
    Clause 11 -- Ministerial directives.
    Mr. H. Iddrisu 1:10 p.m.
    Mr. Speaker, I beg to move, clause 11, delete. We are seeking
    to establish an independent Commission to help in managing wage and salary administration in this country. If we read clause 11, it says
    “Subject to section 3, the Minister may give directives to the Board on matters of policy and the Board shall comply.”
    Mr. Speaker, I do not think it is necessary. We should delete the entire clause 11 from the Bill.
    Dr. Nduom 1:10 p.m.
    Mr. Speaker, the amend- ment being suggested must be opposed. Indeed, we must be clear. The body we are putting in place is to work on behalf of government, as the employer, and the government must be able to give directives. Particularly, the Commission cannot offer wages and salaries that exceed government's budget. It cannot and so it is not independent from that point of view; it reports to a Minister and must be given directives as are required, from time to time. So that suggestion must not be accepted.
    Papa Owusu-Ankomah 1:20 p.m.
    Mr. Speaker, in supporting the argument of the hon. Minister for Public Sector Reforms, we must not lose sight of the fact that it is government that is responsible for policy. Oftentimes, bodies such as this are established and it gets to a stage where there arises unnecessary friction between that body and the Minister with oversight responsibility, because they claim they are independent.
    Meanwhile, they are not responsible for policy; they are supposed to implement policy initiated by govern-ment. So when we delete those words it would rather, in the long run, create unnecessary friction. So I appeal to my hon. Colleague to withdraw the proposed amendment.
    Mr. Haruna Iddrisu 1:20 p.m.
    Mr. Speaker, if they want it to be explicit, we all know that the Fair Wages and Salaries Commission will run under the Minister responsible for
    Employment. Indeed, that is why he is the initiator of this Bill. But if they insist that they want it to be conspicuous in the law, that the Commission is subject to their manipulation, I would -- [Interruptions.] Mr. Speaker, it is subject to their control. I substitute manipulation with control. It is subject to their directive - [Inter-ruption.]
    Mr. Speaker 1:20 p.m.
    You are withdrawing your amendment?
    Mr. Haruna Iddrisu 1:20 p.m.
    Yes, Mr. Speaker.
    Amendment by leave withdrawn.
    Clauses 11 and 12 ordered to stand part
    of the Bill.
    Clause 13 - Chief Executive.
    Mr. Haruna Iddrisu 1:20 p.m.
    Mr. Speaker,
    clause 13, with your indulgence, I beg to move for a new clause which will be for the establishment of a secretariat to be headed by the Chief Executive. If you go further, for instance, and if you read clause 18 (1), it says that the Chief Executive is responsible for the day-to-day adminis-tration of the secretariat. Which secretariat?
    The secretariat must be a creation or part of the administrative set-up. So I would want to move for a new clause to read: “There shall be a secretariat of the Commission to be headed by the Chief Executive”, so that the rest of it will have meaning; other than that we will have to delete wherever “secretariat” is because I do not see “secretariat” anywhere in this Bill and therefore we cannot be appointing somebody to be heading a non-existent organ.
    Mr. Okoh 1:20 p.m.
    Mr. Speaker, I think my
    hon. Friend should address himself to

    where we have the heading: “Chief Executive”; it states and with your permission I quote:

    “The President shall in accordance with article 195 of the Constitution appoint a Chief Executive to be the head of the secretariat of the Commission.”

    So it is implicit that there would be a secretariat. If the President is appointing somebody to be the head of a secretariat, the person cannot be working in a vacuum. So by all means there would be a secretariat; that is my understanding of it.
    Mr. Owusu-Ansah 1:20 p.m.
    Mr. Speaker, I think I side with the hon. Member for Tamale South. The secretariat must be a creature of the Act; then you can get somebody to be its chief executive. Mr. Speaker, I think this is as clear as night follows day.
    Mr. Kyei-Mensah-Bonsu 1:20 p.m.
    Mr. Speaker, indeed, the rendition here appears to be the pattern in the Bills that we have passed, but really it does not derogate from the issue raised by the hon. Member for Tamale South. It makes it quite explicit and I think I do go along with the proposition by the hon. Member for Tamale South.
    Mr. Okoh 1:20 p.m.
    Mr. Speaker, in view of the contributions from hon. Members I think I will accept the new clause that has been proposed.
    Mr. Speaker 1:20 p.m.
    What is the new clause?
    Mr. Haruna Iddrisu 1:20 p.m.
    Mr. Speaker, we said a new clause under clause 13 to read: “There shall be a secretariat of the Commission to be headed by the Chief Executive”. I beg to move.
    Nii Adu Mante: Mr. Speaker, upon reading clause 13 carefully, and with your
    Dr. Kunbuor 1:20 p.m.
    Mr. Speaker, I think that we are confusing two issues here. The President's power to appoint chief executives to a number of bodies is a peculiar power and distinct from one that creates an institution. So it presupposes that the particular institution must exist for the President to effect the appointment. So it has to be created in the Act and it then gives rise to the President's exercise of his power under the relevant provision, otherwise he cannot be appointing into vacuum. Do not assume -- The word that they have used there is “the” not “a”; that means it must be in existence.
    Mr. Okoh 1:20 p.m.
    Mr. Speaker, I accept the introduction of a new clause for the establishment of a secretariat.
    Question put and amendment agreed
    to.
    Clause 13 as amended ordered to stand part of the Bill.
    Clause 14 ordered to stand part of the Bill.
    Clause 15 -- Deputy Chief Executives
    Mr. Okoh 1:20 p.m.
    Mr. Speaker, I beg to
    move, clause 15, head notes, delete “Executives” and substitute “Executive”.
    Question put and amendment agreed to.
    Clause 15 as amended ordered to stand part of the Bill.
    Clauses 16 to 18 ordered to stand part
    of the Bill.
    Clause 19 - Composition of the Committee.
    Mr. Okoh 1:30 p.m.
    Mr. Speaker, I beg to move, clause 19, line 2, after “persons” insert “who are non-members of the Board”.
    Question put and amendment agreed to.
    Clause 19 as amended ordered to stand part of the Bill.
    Clauses 20 to 22 ordered to stand part of the Bill.
    Clause 23 - Appeal.
    Mr. Okoh 1:30 p.m.
    Mr. Speaker, I beg to move, clause 23 paragraph (b), delete “of the Board may apply to the high court” and substitute “the National Labour Commission”.
    Mr. Owusu-Ansah 1:30 p.m.
    Mr. Speaker, I have a small difficulty with paragraph (a), the last word there, “or”; if the Chairman will be able to give us some explanation on it. It does appear that whoever is dissatisfied has the right or is being called
    upon either to go to the Committee for a review or take the other step. I thought normally you go for a review and if you are dissatisfied then you go further. But here a person has the option either to go for a review or to go to the Labour Commission; if the Chairman would throw more light on that one.
    Mr. Okoh 1:30 p.m.
    Mr. Speaker, the intention here is that when someone is dissatisfied with the decision of the Board, since the review committee is the Board, the person has the right to go back to the Board for a review -- the entire Board because the grievances committee will comprise of some other people; the only person from the Board will be the Chairman.
    So if you are dissatisfied, you go to the entire Board for a review; if you are dissatisfied with the decision of the Board again, then you go to the National Labour Commission. A person dissatisfied with decision (a) of a committee may apply to the Board for a review of the decision or the Board may apply to the Labour Commission.
    So you look at it in its totality. You apply to the Board first and if you are dissatisfied you go back to the Board; and if you are still dissatisfied you go back to the Labour Commission. That is the intention, except maybe he wants to tell me that the rendition does not bring out the idea.
    Dr. A. A. Osei 1:30 p.m.
    Mr. Speaker, I do not know what informed the drafting of this part. It is quite possible that after the review, you have to give an option of not having to go back to the Board because at least, a Board member was sitting on that committee and it is a committee of the Board; so one may feel that that committee may still be biased. But the way he has put it, he is saying that either one goes back or one does not go there and then go to the Labour Commission. So it is an option.

    I am not sure what it is he is trying to do, but it is quite possible that because that Committee is a sub-committee of the Board, one may feel inclined that they might be biased if he goes back, so he has to give me an option. But if that is the case then this is all right. But if you want me to go back to the Board then it is incorrect. He should tell us what it is he wants.
    Mr. Abayateye 1:30 p.m.
    Mr. Speaker, I think at the committee level we said that the person dissatisfied with the decision of the committee, that is, the grievances review committee, which is chaired by only a member of the Board - So if one is dissatisfied with that decision, one will now take the issue to the Board itself and then from the Board itself if he is dissatisfied, he goes to the National Labour Commission. So the word “or” should be deleted.
    Alhaji Boniface 1:30 p.m.
    Mr. Speaker, what we are trying to explain here is, if you are dissatisfied with the decision of the review committee you will get to the Board; the Board will now have the entire membership - If you are not satisfied with the entire Board, you may then apply to the Labour Commission because first, when you apply to the Board, the Board will then appoint a committee to look into the matter.
    The committee is not the entire board. If you are not satisfied with the committee, you will now apply back to the Board that will constitute the entire board to sit on the case. If you are not satisfied with the entire board, you will then go further to the National Labour Commission which has the status of a high court. So these are the steps that we have laid down. So the word “or” must be there.
    Mr. A. O. Aidooh 1:30 p.m.
    Mr. Speaker, having listened to the Minister, the amendment is right; the “or” should remain there. In view of his explanation, the word “or” must not be deleted.
    Mr. Chireh 1:30 p.m.
    Mr. Speaker, I think that the rendition as it is with this amendment is in order and should remain.
    Dr. Nduom 1:30 p.m.
    Mr. Speaker, it is important that we all understand, as has been said, that there are two decisions here; and from the decision of the committee you go to the Board, and from the Board you go to the National Labour Commission. It is the “or” that is out of place and it is the “or” that should go.
    Alhaji Boniface 1:30 p.m.
    Mr. Speaker, the “or” will not go; it will stay. [Laughter.] Mr. Speaker, I disagree with my hon. Colleague Minister in the sense that this decision of the Commission, if you are not satisfied with the decision of the Commission or you go to the National Labour Commission - So from one to two, two to three. So you go in that systematic order. So the “or” must remain.
    Question put and amendment agreed to.
    Clause 23 as amended ordered to stand part of the Bill.
    Clause 24 -- Funds of the Commission.
    Mr. Okoh 1:30 p.m.
    Mr. Speaker, I beg to move, clause 24, paragraph (a), delete “provided” and substitute “approved”.
    Mr. H. Iddrisu 1:40 p.m.
    Mr. Speaker, just before you -- I thought that I was struggling to catch your eye.
    Mr. Speaker 1:40 p.m.
    Do you have any other problem with clause 24?
    Mr. H. Iddrisu 1:40 p.m.
    Yes, clause 24 (c); the words “that are” before the word “appro- ved”, they make the language there
    clumsy. Any other money approved by the Minister responsible for Finance -- So I move that we delete the words “that are”; and that is consistent even with monies approved by Parliament. We do not say “. . . that are approved by Parliament”, so I think that the words “that are” should be deleted.
    Mr. Speaker 1:40 p.m.
    All right, “that are”; Chairman of the Committee, what do you say to that?
    Mr. Okoh 1:40 p.m.
    Mr. Speaker, I agree with him.
    Question put and amendment agreed to.
    Clause 24 as amended ordered to stand part of the Bill.
    Clause 25 - Accounts and audit.
    Mr. Okoh 1:40 p.m.
    Mr. Speaker, I beg to move,
    clause 25, subclause (4), delete.
    Question put and amendment agreed to.
    Clause 25 as amended ordered to stand part of the Bill.
    Clause 26 ordered to stand part of the Bill.
    Clause 27 -- Power to obtain information.
    Mr. Okoh 1:40 p.m.
    Mr. Speaker, I beg to move, clause 27, subclause (2), line 1, delete “thirty” and substitute “twenty-one”.
    Question put and amendment agreed to.
    Clause 27 as amended ordered to stand part of the Bill.
    Clause 28 -- Existing arrangements.
    Mr. Okoh 1:40 p.m.
    Mr. Speaker, I beg to move, clause 28, subclause (1), paragraph (b), line 3, after “negotiation” insert “twelve months”.
    Question put and amendment agreed to.
    Clause 28 as amended ordered to stand part of the Bill.
    Clause 29 -- Regulations.
    Mr. H. Iddrisu 1:40 p.m.
    Mr. Speaker, I needed your guidance earlier on clause 28. In particular, the Minister for Public Sector Reforms, when the Bill went through Second Reading was concerned about the Public Service Commission and I thought that this clause 28, as has been approved, will render redundant the earlier concern that he had. I do not know whether he is abandoning the argument that he articulated earlier. If it is relevant then we have to relook at clause 28.
    Dr. Nduom 1:40 p.m.
    Mr. Speaker, the concern I raised is taken care of in clause 31 where it is now only deleting specific responsibilities; so that has been taken care of.
    Mr. Okoh 1:40 p.m.
    Mr. Speaker, we want to
    move a further amendment to clause 29, paragraph (b), that the whole paragraph be deleted. Because, it is not the Board that is going to give the advice to the Minister on the settlement of the industrial dispute with the Labour Commission.
    Question put and amendment agreed to.
    Clause 29 as amended ordered to stand part of the Bill.
    Clause 30 -- Interpretation.
    Mr. Okoh 1:40 p.m.
    Mr. Speaker, I beg to move, clause 30, under “Public interest”, line 1, insert “to” after “ensures” and in line 2, delete “to” after “ensure”.
    Question put and amendment agreed
    to.
    rose
    Mr. Speaker 1:40 p.m.
    Did you have a further amendment, hon. Member for Tamale South?
    Mr. H. Iddrisu 1:40 p.m.
    Mr. Speaker, if you look at the Bill itself, there is a very strong catchy word there -- “fair”. However, conspicuously lost in the interpretation column is the word “fair”. I just wanted to know whether it is just a normal nomenclature they borrowed in order to capture the niceties of the Commission because the character of this Bill focuses on Public Service.
    If the word “fair” is defined properly, I will go with it; other than that the word “fair” -- If you look at either clause 2 or clause 3, reference is always made to Public Service, public pay and other issues. So I would want to propose an amendment that the word “fair” be defined by the Minister for Employment and included in the interpretation column for the avoidance of doubt so that we know what they mean by “fair”. Because, it is very important and that is what introduces this Bill; even if you read the memorandum it says “fair”. So Mr. Speaker, I so move.
    Alhaji Boniface 1:40 p.m.
    Mr. Speaker, literally in economics, “fair” means equity; equal pay for equal value for work done; so it will be interpreted. So, equity -- accep- table.
    Mr. Chireh 1:50 p.m.
    Mr. Speaker, as we are still on it, I would like us to look at the definition of “salary”. Salary includes allowances and then - [Interruption.]
    Mr. Speaker 1:50 p.m.
    Hon. Member, let him formally move it.
    Mr. Okoh 1:50 p.m.
    Mr. Speaker, I beg to move, clause 30, under “Salary” delete “facilities, privileges”.
    Mr. Speaker, we took that decision because we were reminded of the fact that if you talk about salaries and you bring the privileges and facilities, people say that they can even retire on their salaries. So if I am given a bungalow and I am retiring and the salary includes those privileges, it means that I can retire and still live in the bungalow. It could be my bona fide property; and this is what we were cautious about. We did not want to bring this thing into it so that somebody may not take us on later on. So that is the explanation for us deleting the “privi-leges” and those things.
    Mr. Chireh 1:50 p.m.
    Mr. Speaker, because we have defined “wages” down there I think that we should also as well delete “and wages”. I do not think that salaries would include wages because we have defined wages down there. So I further propose to amend, if he agrees, that we delete “and wages”.
    Dr. Nduom 1:50 p.m.
    Mr. Speaker, I just want for the benefit of clarification to ask the Chairman of your Committee, this point about deleting “privileges and facilities”.
    One of the important measures that we are passing here and we have already approved is the matter of consolidation, and once you take out “privileges and facilities” in the definition of “salaries”, then someone would have the opportunity to come back later and say, “I have this
    privilege, I have this facility and it should not be included in the consolidation matter”. And so we must be careful about trying to delete these words from the definition of salary. And I just want to know if the Chairman would want to clarify this further so that on this floor, in this Parliament, we do not come up with some different interpretation and allow people to come up again and reintroduce privileges and facilities.
    Alhaji Boniface 1:50 p.m.
    Mr. Speaker, I agree with my hon. Colleague, provided we define that issue because we do not want to, one day - This has been the case, a case that ever happened in this country, where a lawyer would say he retires on his salary and once he retires on his salary all the privileges are included; so that tomorrow his house that he is living in, he retires with it. So any hon. Member can also decide that once he retires he is retiring on his salary and on his house.
    So this is the fear and that is why the Committee decided to delete it provided we are able to capture it for the understanding of the public, so that one day nobody comes out to say that the salary or wages he is enjoying, he has been denied of his privileges. [Interruption.] No, there is a tested case on that. I would not agree for my Government one day to be taken on and they would say it was the hon. Minister who accepted it.
    Mr. Speaker 1:50 p.m.
    Chairman of the Commit- tee, what is your final amendment?
    Mr. Okoh 1:50 p.m.
    Mr. Speaker, I still stand by the amendment that the “privileges and facilities” be deleted.
    Dr. Brempong-Yeboah 1:50 p.m.
    Mr. Speaker, I think, like my hon. Minister said, there is a case and the definition of “salary” has been appropriately defined by the Supreme Court of Ghana; and I would wish that,
    maybe, the drafters of the legislation look at that definition and let us adopt it. I could supply the information on this to them if they so require.
    Mr. Chireh 1:50 p.m.
    Mr. Speaker, I wanted
    to move and I actually moved a further amendment to delete “and wages”. This is because we have “wages” defined under the Bill.
    Mr. Speaker, if you look at “salary”, it is defined, and at the end of it they said “and wages”, meanwhile we have the definition of “wages” also there. Once we have defined “wage” we should not include it in the definition of ‘salary'. That is why I am saying that we should delete “and wages”. Mr. Speaker, I beg to move.
    Mr. Speaker 1:50 p.m.
    Chairman, is i t acceptable to you?
    Mr. Okoh 1:50 p.m.
    Mr. Speaker, I wish to maintain what is in the Bill; I do not agree with him.
    Mr. J. A. Ndebugre 1:50 p.m.
    Mr. Speaker, I am surprised that the hon. Chairman is refusing to see what the hon. Member for Wa West is saying. The purpose of defining a word in a law is so that you understand what it is. “Wage” is defined there. So why does he want to define it under “salary” again? That is all he is saying. I think that we should try and -- Even beyond that the word “award” creates another problem.
    What is meant by “awards”? I think that if the Supreme Court's definition is known to them they should advise the drafters to adopt that definition. It would not include “awards”, I am very sure. This is because what is meant by “awards”? If I am given a shield for my good perfor-mance in this Parliament, is
    it a salary? It is not; it is an award. So I am pleading with the Chairman to accept the amendment proposed by hon. Chireh.
    Alhaji Boniface 1:50 p.m.
    Mr. Speaker, when I talk of a man, I talk of a man and a woman. So if I define “salary” to include “wages” and I decide to make it easier for me by choosing to define “wages”, there is no problem about that. What is the problem?
    Mrs. Angela Baiden-Amissah 1:50 p.m.
    Mr. Speaker, we must be careful not to agree on something here so that in no time we would have to come back to insert or take it out. If we are talking of salary, salary is permanent and wage is not permanent, as it is defined here -- employee at intervals of less than a month.
    Mr. Speaker, we are talking of salaries. I do not see the reason why we should also bring in wages. Wages are different, they are not permanent. Salaries are permanent. And also “awards” -- I would agree with the hon. Member for Zebilla, that “awards” and “wages” should be taken out so that we leave the “salary” to stand without “awards” and “wages” and the “privileges” that the hon. Member is talking about.
    Mr. Okoh 1:50 p.m.
    Mr. Speaker, if you even look at the title of the Bill -- I think I have been reminded - it is “wages and salaries” so that it looks as if there is some disparity, but they are two different things. So I think that we have to accept it.
    Mr. Speaker 1:50 p.m.
    Chairman, let us have the amendment. Please, formulate it.
    Mr. Okoh 1:50 p.m.
    Mr. Speaker, we are deleting “awards” and “wages”. We are deleting them because “wages” has already been defined.
    Dr. A. A. Osei 1:50 p.m.
    Mr. Speaker, I thought
    Mr. Speaker 1:50 p.m.
    The amendment is that under “salary” delete “facilities, privileges, wages and awards”.
    Question put and amendment agreed to.
    Clause 30 as amended ordered to stand part of the Bill.
    Mr. Kyei-Mensah-Bonsu 2 p.m.
    Mr. Speaker, I wanted us to consider the interpretation of the word “Minister”. “Minister” here means “Minister responsible for Manpower, Youth and Employment”. But against what we have been doing, the sense of this Bill is to have the Minister responsible for Employment.
    Indeed, Mr. Speaker, what we did earlier on in one of the clauses we deleted -- Mr. Speaker, specifically in clause 3 (h), we said the Minister should refer to the Minister for Employment and not Manpower and Youth. So the meaning, interpretation of the word “Minister” should mean the Minister responsible for Employment, just in consonance with what we did.
    Mr. Okoh 2 p.m.
    Mr. Speaker, I accept that; it is in conformity with the clause that we dealt with.
    Mr. Speaker 2 p.m.
    Minister responsible for Employment?
    Mr. Haruna Iddrisu 2 p.m.
    Mr. Speaker, I have looked through some of the concepts that have been defined - public interest, public service, Government and other
    related issues. If you open page 183 of the 1992 Constitution, the definition of those concepts are in the Constitution and I just thought that it would be useful that the draftsperson used the exact words because for many of them, he gives a different rendition.
    If you are lifting “public interest” or “public service”, lift it from page 183 of the Constitution and just import it rather than go and take some of the words and leave out others; because we are supposed to be respecting the Consti-tution as the supreme law; and the Act is subject to it. So it is important that the draftspersons go back. “Public service” should be properly defined; “public interest” properly defined; they appear in the Constitution, at page
    183.
    Mr. Speaker 2 p.m.
    Hon. Members, the amendment is that “Minister” means “Minister responsible for Employment”.
    Question put and amendment agreed to.
    Clause 31 as amended ordered to stand part of the Bill.
    The Long Title ordered to stand part of the Bill.
    Mr. Speaker 2 p.m.
    We have come to the end of the Consideration Stage of the Fair Wages and Salaries Commission Bill.
    Suspension of Standing Order 131(1)
    Minister for Manpower, Youth
    and Employment (Alhaji Abu-Bakar Saddique Boniface): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131 (1) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least twenty-four hours have elapsed, the motion for the Third Reading of the Fair Wages and Salaries Commission Bill may

    be moved today.
    Alhaji Sumani Abukari 2 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Speaker 2 p.m.
    Hon. Members , we shall have extended Sitting. Item 15, Third Reading of Fair Wages and Salaries Commission Bill -- Minister for Manpower, Youth and Employment?
    Mr. Kyei-Mensah-Bonsu 2 p.m.
    Mr. Speaker, before the motion captured as item 15 on the Order Paper for the day is moved, I want to crave your indulgence to have this Bill, the Fair Wages and Salaries Commission Bill, pass through a second Consideration Stage, in respect of clause 5.
    An hon. Member: Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- SECOND 2 p.m.
    CONSIDERATION STAGE 2 p.m.
    Mr. Kyei-Mensah-Bonsu 2 p.m.
    Mr. Speaker, I beg to move, that clause 5, subclause (1), we have a second look at the construction there.
    What obtains here is,
    “The governing body of the Commission is a Board consisting of --
    (a) the chairperson,
    (b) the vice chairperson, and
    (c) five other persons who have expertise in human resource management, wage and salary administration and law.”
    Mr. Speaker, it does appear that each and every one of them would have to have expertise in all these. But that is not the intendment of the clause, for which reason, I move this amendment that,
    “The gove rn ing body o f t he Commission is a Board consisting of --
    (a) the Chairperson,
    (b) the vice-chairperson, and
    (c) five other persons who have expertise in either human resource management, or wage and salary administration and law.”
    Mr. A. O. Aidooh 2 p.m.
    Mr. Speaker, I support the amendment but I think we can achieve the same result if we deleted the “and” before “law” and then we inserted “or”. Instead of “and” we have “or”.
    Mr. Speaker 2 p.m.
    Majority Chief Whip, are you agreeable?
    Mr. Kyei-Mensah-Bonsu 2 p.m.
    Mr. Speaker, I believe it captures the sense in what I tried to put out.
    Question put and amendment agreed to.
    Clause 5 as amended ordered to stand part of the Bill.
    Mr. A. O. Aidooh 2:10 p.m.
    Mr. Speaker, I also beg to move, that this House takes the Bill through a second Consideration Stage in
    Mr. A. O. Aidooh 2:10 p.m.
    Mr. Speaker, I beg to move, clause 7 (4), insert the following words: “. . . from among their number shall preside”. We deleted these words. So we now have:
    “The Chairperson shall preside at meetings of the Board and in the absence of the Chairperson, the Vice Chairperson, shall preside and in the absence of the Vice Chairperson, a member of the Board elected by the members present.” The rest of the words were deleted. I think this is a mistake.
    Mr. Speaker, as I said earlier, if the Chairperson is not there and the vice is not there, some members can decide to frustrate the meeting by electing somebody who is absent. It is possible and so these words are put there so that those present are compelled to elect a person who is also present to chair the meeting. Therefore, Mr. Speaker, I propose that these words be restored.
    Dr. A. A. Osei 2:10 p.m.
    Mr. Speaker, I crave your indulgence to ask my Senior Colleague this: I thought we left it as “members present”. So if it is the members present, how are we going to elect somebody who is not there? I want to understand what he is saying.
    Mr. A. O. Aidooh 2:10 p.m.
    Mr. Speaker, the ‘members present' means those who are present must elect. But the point I am making is that they must elect somebody who is also present. And those words that we deleted ensure that those who are present elect somebody who is also present. Without those words they can
    decide to elect somebody who is absent just to frustrate the meeting. Those words there ensure that those who are present are obliged to elect somebody who is also present.
    Mr. Okoh 2:10 p.m.
    Mr. Speaker, I thank the hon. Member. I think he has given a legal twist to the whole thing. I understand it better now and so I support him.
    Mr. Speaker 2:10 p.m.
    You support the amendment?
    Mr. Okoh 2:10 p.m.
    That is so, Mr. Speaker. If it is not so, “members present” there will mean those who are present and they are supposed to elect somebody. So they have the right to elect somebody whether the person is there or not.
    Therefore if we say the person should be present at the meeting, then it is right.
    Question put and amendment agreed to.
    Clause 7 as amended ordered to stand part of the Bill.
    Dr. Brempong-Yeboah 2:10 p.m.
    Mr. Speaker, I wish to propose a further amendment to clause 5 of the Bill, to go through a second Consideration Stage.
    Mr. Speaker 2:10 p.m.
    Which clause?
    Dr. Brempong-Yeboah 2:10 p.m.
    Clause 5.
    Mr. Speaker 2:10 p.m.
    Going back to clause 5 again?
    Dr. Brempong-Yeboah 2:10 p.m.
    Yes, Mr. Speaker, because at the committee level, I think it was decided that the Executive Secretary shall be a member-secretary to the Board. But I do not think so far we have reflected that in our discussion; if that could be taken on board.
    Question put and motion agreed to.

    Resolved accordingly.

    Clause 5 -- Governing Body of the Commission.
    Dr. Brempong-Yeboah 2:10 p.m.
    Mr. Speaker,
    I beg to move, clause 5, insert (c) to read as follows:
    “The Executive Secretary of the Commission shall be a member- secretary to the Board.”
    I so move.
    Dr. A. A. Osei 2:10 p.m.
    Mr. Speaker, whilst agreeing with this amendment, I want to draw attention to the fact that once we do that, the Board's membership would go to eight. So I want to crave his indulgence that he further amends his amendment to include that five should then become four, so that we make it an odd number. That will be consistent.
    Mr. Speaker 2:10 p.m.
    Is it agreeable?
    Dr. Brempong-Yeboah 2:10 p.m.
    Yes, Mr. Speaker. I wish to amend my proposal; “five other persons” should read “four other persons”.
    Mr. Speaker 2:10 p.m.
    Including the executive secretary?
    Dr. Brempong-Yeboah 2:10 p.m.
    Yes, Mr. Speaker.
    Question put and amendment agreed to.
    Clause 5 as amended ordered to stand
    part of the Bill.
    Mr. Okoh 2:10 p.m.
    A correction of what the
    Deputy Minister said. Mr. Speaker, you said that four other members, including the executive secretary. That should be
    ‘excluding', so that there will be five. If it is ‘including ,' then the number will still be reduced to six. It is a seven-member Board and now we are bringing in the executive secretary; and if we bring in the executive secretary, it will make the number an uneven number -- eight. Now, we are saying that it should be four other members excluding the executive secretary; but he said that including the executive secretary.
    Mr. Speaker 2:10 p.m.
    Hon. Members, if it is five, including, it is the same five, is it not? It is five, including the executive secretary.
    Alhaji Boniface 2:10 p.m.
    Mr. Speaker, it should be five including the executive secretary.
    Mr. Chireh 2:10 p.m.
    Mr. Speaker, I would plead that you allow me to request for a second Consideration Stage for clause 14, particularly now that we have created the secretariat under this Bill, and that under it we have 14. Instead of “Commission” it should be “Board” so that the executive secretary is answerable to the Board. So I beg to move, that if you allow it, we should go through a second Consi-deration Stage in respect of clause 14.
    Question put and motion agreed to.
    Resolved accordingly.
    Clause 14 - Functions of the Chief Executive.
    Mr. Chireh 2:10 p.m.
    Mr. Speaker, if you look at clause 14, it reads:
    “The Chief Executive is responsible for the day-to-day administration of the secretariat of the Commission and is answerable to the Com- mission . . .”

    I beg to move, delete “Commission” and substitute “Board”. I so move.
    Mr. Speaker 2:10 p.m.
    Chairman of the
    Committee, what do you say to that?
    Mr. Okoh 2:10 p.m.
    Mr. Speaker, I think I am all right with that.
    Question put and amendment agreed to.
    Clause 14 as amended ordered to stand part of the Bill.
    Dr. A. A. Osei 2:10 p.m.
    Mr. Speaker, I want to crave your indulgence to request a second Consideration Stage on clause 6 (i).
    Question put and motion agreed to.
    Resolved accordingly.
    Clause 6 -- Tenure of office of members.
    Dr. A. A. Osei 2:10 p.m.
    Mr. Speaker, I beg to move, that the clause should be amended to read:
    “A Member of the Board except the Chief Executive shall hold office for . . .”
    You cannot hold a Chief Executive's post at the same time. I so move.
    Mr. Chireh 2:10 p.m.
    Mr. Speaker, there is no limitation on the number of times somebody can be a member of the Board. Therefore, we do not need to except anybody.
    Mr. Kyei-Mensah-Bonsu 2:20 p.m.
    Mr. Speaker, I believe this whole controversy
    Mr. Chireh 2:20 p.m.
    Mr. Speaker, I want to say that we have passed Bills here and enacted laws with Chief Executives being members of the Board -- so many of them. But the second point I am making is that it is only when you limit the re-eligibility of the members that you now except ex officio members who must necessarily be there for a number of times.
    In this particular rendition, there is no limit. It is every three years and you are eligible. If there was a limit that you could not be there for two terms, that is where you need to except those ex officio members. But for this one, you can be re-elected several times, and there is no reason that we should now except any ex officio member.
    Mr. Speaker 2:20 p.m.
    Deputy Minister, are you abandoning your amendment at this stage?
    Dr. A. A. Osei 2:20 p.m.
    Mr. Speaker, I am not abandoning it. Mr. Speaker, the Chief Executives are normally appointed on a fixed time, and so -- [Pause.] I yield to the Majority Chief Whip.
    Mr. Speaker 2:20 p.m.
    I can see that you have given up. Item 15, Minister for Manpower, Youth and Employment.
    BILLS - THIRD READING 2:20 p.m.
    Mr. A.O. Aidooh 2:20 p.m.
    Mr. Speaker, we should take motion number 19.
    Suspension of Standing Order 80 (1)
    Mr. Osei Kyei-Mensah-Bonsu (on behalf of Chairman of the Committee) 2:20 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Committee of the Whole on the Proposed Formula for the Distribution of the Ghana Education Trust Fund (GETFund) for the Year 2007 may be moved today.
    Mr. A.O. Aidooh 2:20 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    MOTION 2:20 p.m.
    Mr. Osei Kyei-Mensah-Bonsu (on behalf of Chairman of the Committee) 2:20 p.m.
    Mr. Speaker, I beg to move, that this honourable House adopts the Report of the Committee of the Whole on the Proposed Formula for the Distribution of the Ghana Education Trust Fund (GETFund) for the Year 2007.
    Mr. Speaker, in so doing, I beg to read the ‘Observations' and the ‘Recommen- dation' of the Report of the Committee of the Whole as well as the ‘Conclusion' which the Committee arrived at in this House and crave your indulgence and that of the House that the Hansard Department
    captures the entire Report as having been read.
    1.0 Introduction
    In pursuance of the provisions of Act 581, the 2007 Distribution Formula for monies accruing to the Ghana Education Trust Fund (GETFund) was laid in Parliament on Wednesday, 14th March, 2007 and referred to the Committee of the Whole for consideration and report.
    Section 8(2) of the Ghana Education Trust Fund Law (Act 581, 2000) enjoins the Board of Trustees of the Fund to annually submit to Parliament for approval, a Formula for the distribution of funds to the following sectors:
    Tertiary Education.
    Second Cycle Education,
    Basic Education,
    Investment, and Other related aspects of education.
    The Board in arriving at the 2007 Formula for the distribution of the Fund to the designated institutions was guided by the following principles as stipulated in Section 8 (3) of the Act:
    1. The promotion of the study of Mathematics, Science and Technology;
    2. The advancement of female education;
    3. The reduction in the level of illiteracy in historically- disadvantaged areas; and
    4. The promotion of computer, vocat ional and technical education and training.
    2.0 References
    The Committee relied on the following
    Mr. Osei Kyei-Mensah-Bonsu (on behalf of Chairman of the Committee) 2:20 p.m.


    in finalizing this Report:

    i. The Ghana Education Trust Fund Act, 2000, Act 581;

    i i . T h e F o r m u l a f o r the Distribution of Proceeds of the GETFund for year 2007;

    iii. The Standing Orders of the House; and

    i v . T h e p r e s e n t a t i o n a n d c l a r i f i c a t i o n s b y t h e M i n i s t e r f o r Education, Science and Sports and the Administrator of the Fund in respect of the Formula.

    3.0 Deliberations

    The Committee was assisted in its deliberations by the hon. Minister for Education, Science and Sports, hon. Papa Owusu-Ankomah; the Chief Director of the Ministry, Mr. Ato Essuman and the Administrator of the GETFund, Mr. Fosuaba A. Mensah Banahene. The Committee expresses its thanks to them for providing the necessary inputs and clarifications during the consideration of the Formula.

    4.0 Distribution of the Formula

    The estimated income for the 2007 Formula amounts to one trillion, seven hundred and seventy-five billion cedis (1,775,000,000,000.00). The current Formula takes into account the priority needs highlighted in the Education Strategic Plan and the Education Sector Reforms of the Ministry of Education, Science and Sports. Notwithstanding, in accordance with the spirit of the law, the tertiary sub-sector has been given priority over the pre-tertiary sub-sector in the Formula.

    Below is the breakdown of the broad categories of the 2006 Formula.

    Distribution Formula for 2006 Broad Categories

    Observations and Recommendation

    Infrastructure and Academic Facilities

    The Committee lauds the Board of Trustees for its continued concern for the development of infrastructure and academic facilities in our educational institutions. The Committee is aware of the massive construction of classrooms, laboratories, dormitories, residences and halls and provision of computers and other equipment in our educational institutions, especially the universities and polytechnics.

    However, considering the soaring number of children of school-going age seeking to enrol in basic schools occasioned by the introduction of the Capitation Grant, and the fact that quality tuition at the basic level is of critical importance, the Committee appeals to the Board to consider increasing the allocation for infrastructure and academic facilities at the basic level.

    ‘Schools-Under -Trees'

    The Committee notes with satisfaction the Board's decision to provide all “Schools-Under-Trees” with permanent classroom buildings under a three-year programme. The Committee is of the view that if this is fully implemented, the situation in which pupils sit under trees to learn would be a thing of the past and also help reduce, to some extent, the inequality in the distribution of

    educational infrastructure in the country.

    The Committee therefore urges the GETFund Secretariat to fully implement this policy as planned.

    Jubilee Schools

    The Committee also appreciates the fact that funds have been allocated to construct in each district capital one model primary school with kindergarten attached (Jubilee Primary Schools and Kindergarten). The Committee views that as laudable but is of the view that

    there should be standardization to ensure uniformity. In addition, the GETFund Board and for that matter the Ministry of Education, Science and Sports should put measures in place to ensure that there is value for money in the construction of the structures.

    Teacher Training Colleges.

    The Committee is also happy that in addition to other interventions an amount of eighty-two billion, eight million cedis (¢82,008,000,000.00) has been allocated for the ongoing programme aimed at improving all the thirty-eight training colleges as they move towards the status
    TABLE 2:20 p.m.
    MR. SECOND DEPUTY SPEAKER
    Mr. Lee Ocran (NDC -- Jomoro) 2:20 p.m.
    Mr. Speaker, I beg to second the motion, but in doing so, Mr. Speaker, there are some few omissions which occurred in the Report. The first one was a move by hon. Asiamah that the Committee had accepted the amount to 150 for hon. Members of Parliament on the proviso that each Member of Parliament would be given two scholarships.
    I think the Committee agreed to this but this is missing in the Committee's Report. Also, if you come to contingency, the Committee specifically agreed; but in the Report it says that the Committee requests that the ¢100 million allocation be increased to ¢150 million. The Committee did not request; the Committee agreed and so that “request” should be changed to “agreed”.
    Mr. Speaker, with these corrections, I second the motion -- that is the two scholarships; and the word “request” be changed to “agreed”.
    Question proposed.
    Minister of State (Mr. Kwadwo Adjei- Darko) 2:20 p.m.
    Mr. Speaker, in supporting the
    Mr. Second Deputy Speaker 2:30 p.m.
    Very well, hon. Member for Madina.
    Alhaji A. B. Sorogho (NDC - Abokobi-Madina) 2:30 p.m.
    Mr. Speaker, I also rise to support the Report and in so doing, only draw our attention to the conclusion. Because as it stands now, I am not getting the correct conclusion.
    Mr. Speaker, I think it was agreed that approval can be given subject to the changes that we all agreed on. But if you read the conclusion, Mr. Speaker, permit me if I can read it --
    “The Committee has carefully examined the 2007 Formula for the Distribution of the GETFund and is convinced that the GETFund has proved to be a veritable financial

    instrument for bringing about improvement in our educational institutions. The Committee therefore recommends that the House approves the 2007 Formula

    . . .”

    for the stated amount subject to the changes made.

    Mr. Speaker, the Committee of the

    Whole did not just sit down and approve the Report as brought by the Committee, but rather made certain changes and it was based on those changes that approval was to be given. So we cannot end up by just saying that, yes, it has been approved. It was approved subject to the changes that were made and accepted by the House; and I want that one. On this note, Mr. Speaker, I support the report.
    Mr. J. H. Mensah (NPP -- Sunyani East) 2:30 p.m.
    Mr. Speaker, let me apologise that I was not able to attend the Committee of the Whole. But there are some omissions that I want to bring to the notice of the House.
    Mr. Speaker, this year 2007, is the year in which the Government's Educational Reform Programme is supposed to commence full speed. Neither the GETFund proposals nor the Committee's comments on them seem to be aware of this fact. Mr. Speaker, if you read the Educational Reforms proposals put up by the Government following the Anamoah Committee Report of 2003, you will find that it requires a very substantial acceleration of the efforts that the country is making in its educational sector in order to fulfil the condition for the attainment of a new type of Ghana economy which is that, its manpower and human resources development will be quite different from what it has been from the past. In particular, we have had a lot of discus- sions about the importance of stepping up our efforts in the field of vocational and
    Mr. Speaker, the second matter is this 2:30 p.m.
    The proportionality in the allocation of resources as I have said, if we look at Annex 3 of the GETFund Report -- and I hope Members have got their copies --
    At annex 3, you find an allocation of ¢190 billion for Technical and Vocational Education and Training (TVET). And I think that we ought to have adverted our minds more closely and seriously to this matter than the Committee's Report has done.
    Mr. Speaker, if we say that all youngsters in Ghana between the ages of 12 and 15 shall have either grammar school type of junior high school or TVET education, and we are even saying that the Government must sponsor the apprenticeships with private sector enterprises, then that matter ought to be discussed very seriously in the House. Maybe the additional resources may be found from the contingency allocations under this programme, or maybe there is no room in the contingency allocation to look at this matter. But we would be failing in our duty if we do not come back to this matter and discuss it very, very seriously.
    Mr. Speaker, again, I want to refer to the Committee of the Whole's Report,
    Mr. Adjaho 2:40 p.m.
    Mr. Speaker, with the greatest respect the contribution of the hon. Member is very brilliant but it is not relevant to the motion before us. This is the Report of the Committee of the Whole and since you suggested that we should look for another opportunity to look at this whole matter, he should look at the relevancy of the Formula. Otherwise if he has a specific amendment to propose, he can propose the amendment and then we can look at it so that you can put the

    Question. Today is our last day for the week.
    Mr. J. H. Mensah 2:40 p.m.
    Mr. Speaker,
    today is our last day and it is not the appropriate time to make detailed changes in a situation like this. All I am saying is, because we have to pass it, I am serving notice that the House must return to this matter at a later date. So on this distance education. Mr. Speaker, I beg that you get them to pay for the distance education so that the teachers who are taking their examinations can take their examinations next month.
    Mr. Speaker, as I said, we will create an opportunity to come back to these matters. But for the time being, I support the motion to adopt the Formula as presented by GETFund.
    Mr. Second Deputy Speaker 2:40 p.m.
    Hon. Member, these are very significant points and it is a pity you were not at the Committee of the Whole Meeting where the administrators of the Fund would have listened to you. Minister for Education, Science and Sports, do you want to make any comment on it?
    Papa Owusu-Ankomah 2:40 p.m.
    Mr. Speaker, probably, if I have the last word, then I will take note of all the comments and try and reply them.
    Mr. Second Deputy Speaker 2:40 p.m.
    Very well.
    Mr. Kyei-Mensah-Bonsu 2:40 p.m.
    Mr. Speaker, Colleagues have made significant inputs -- [Interruption.]
    Mr. Alfred W.G. Abayateye -- rose
    -- 2:40 p.m.
    Mr. Second Deputy Speaker 2:40 p.m.
    Hon.
    Mr. Abayateye 2:40 p.m.
    Mr. Speaker, he said he was summing up but I have a comment to make. I was not able to catch your eye.
    Mr. Second Deputy Speaker 2:40 p.m.
    It is not closed.
    Mr. Kyei-Mensah-Bonsu 2:40 p.m.
    Mr. Speaker, the first one that was made by my hon. Friend from Jomoro was that he took issue with how we captured the enhance-ment of one hundred million to one hundred and fifty million. Mr. Speaker, yes, I agree with him that the Committee agreed that we should enhance it from one hundred million to one hundred and fifty million.
    I thought that beyond the mere agreement, we requested the GETFund to take steps to implement that decision -- to enhance it from one hundred million to one hundred and fifty million; and that is precisely what we have captured here. So it is no adulteration of the mood. Mr. Speaker, the other one relates to the scholarship issue which was raised by a Colleague.
    rose
    Mr. Second Deputy Speaker 2:40 p.m.
    Hon. Deputy Minority Leader, do you have a point of order?
    Mr. Adjaho 2:40 p.m.
    Yes, Mr. Speaker.
    Mr. Second Deputy Speaker 2:40 p.m.
    Yes, let us hear your point of order.
    Mr. Adjaho 2:40 p.m.
    Mr. Speaker, I think in winding up, the Majority Chief Whip presented the Committee's Report. I think we took a decision here yesterday. It was a decision of the Committee of the
    Whole that the figure should be enhanced to one hundred and fifty million. If you are requesting something, the request can be rejected.
    It was a decision of the Committee of the Whole which this House, Sitting as a House now, is endorsing. So we should be very careful. That is the point that the hon. Member for Jomoro was making. Even though what he is saying is the same, we should put the matter beyond doubt.
    Mr. Kyei-Mensah-Bonsu 2:40 p.m.
    Mr. Speaker, I thought the matter was not in doubt. But if he is saying that we should encapsulate all of that in one sentence, fair and fine. I think the mood of the House was that we should enhance the one hundred million to one hundred and fifty million; and we requested that efforts should be made to implement that, and that we are not going to take one hundred million. That is what we meant; that it should be implemented. Mr. Speaker, the issue my Colleague is raising is a distinction without difference.
    Mr. Speaker, beyond that, on the matter of the scholarship, I do remember that a Colleague raised the matter. At the time some people were even shouting four, five scholarships and I thought that there was no firm agreement on that. However, if in the wisdom of the House we want to position it, fair and fine. I thought that what happened yesterday did not really come from the entirety of the committee meeting. But if the House wants to take that matter up it is within the competence of the House so to decide. But yesterday, that was not the agreement.
    Mr. Speaker, subject to those little observations, I guess you want to give the Minister responsible for Education that last chance to have the last word and then we move on.
    Mr. Abayateye 2:40 p.m.
    Mr. Speaker, looking
    at page 7, on the Contingency, I think the decision of the House was that the Member of Parliament's Fund should be increased to one hundred and fifty million, and I just want to call the attention of the House to the fact that when we do that, the Contingency would be thrown out of gear. So a provision has to be inserted.
    We need to adjust some figures because the MPs' fund needs to be increased; and when it goes to one hundred and fifty million, the total becomes ¢34.5 billion whereas the contingency provided for is ¢30 billion. The arithmetic is what I am calling the attention of the House to look at.
    Mr. Second Deputy Speaker 2:50 p.m.
    That is no point of order. It is for the Speaker to put the Question when he thinks fit.
    Mr. Adjaho 2:50 p.m.
    After winding up?
    Mr. Second Deputy Speaker 2:50 p.m.
    Not
    after -- He did not wind up; he was only giving further explanation.
    Minister for Women and Children's
    Affairs (Hajia Alima Mahama): Mr. Speaker, I am surprised he did not comment when the Member on the other side was making a contribution. Mr. Speaker, in most of the mixed schools there may be one dormitory for girls and 5 or 10 dormitories for boys. We are hoping that the GETFund would continue to use this facility to expand and to provide more girls' dormitories not only in the Girls' Secondary Schools but also in the mixed schools.
    I am happy about the undertaking to provide shelters for schools-under-trees, that is, in fact, taking care of our rural communities. Those of us from rural constituencies, we are appreciative of

    this and we would want to encourage the GET- Fund to do this to ensure that all children of school going age have access to education.

    Indeed, we still have about one million children not in school and with the efforts of the GETFund it is our expectation that the Ghanaian child will have education and that we will be able to meet the Millennium Development Goals by 2015.
    Minister for Education, Science and Sports (Papa Owusu-Ankomah) 2:50 p.m.
    Mr. Speaker, I have taken note of the contributions of hon. Members. But there is the need to restate that the GETFund is only a fund manager. The GETFund does not determine policy. Increasingly, it seems the impression given is that it is the GETFund that determines which project has to be undertaken.
    It is the Ministry of Education, Science and Sports that gives policy directives to the GETFund, based on which the GET- Fund allocates resources for the implementation of the programmes by the Ministry of Education, Science and Sports. So let us all appreciate that fact. And if we also appreciate that fact, we will then begin to understand that allocation of resources is programme-based, ‘programmatic', not individualistic.
    Therefore, when we talk about
    scholar-ships, of course, Members of Parliament (MPs) may be said to be the most representatives of the people of this country and certainly if MPs consider that some people ought to be given scholarships, MPs can definitely make a request.
    But really it ought not be something that could be appropriated. Each MP has been given two slots; that defeats the very purpose of the Formula of the GETFund.
    Mr. A. O. Aidooh 2:50 p.m.
    Mr. Speaker,
    motion Number 10 on the Addendum.
    Mr. Second Deputy Speaker 2:50 p.m.
    Hon.
    Members, you would take the Addendum Order Paper.
    Nii Adu Mante: Mr. Speaker, we are yet to lay the Report and thereafter move the motion.
    Mr. Second Deputy Speaker 2:50 p.m.
    Very
    well. The Report is not ready, so what?
    Mr. A. O. Aidooh 3 p.m.
    Mr. Speaker, we go to item 2 -- Laying of Papers.
    Mr. Adjaho 3 p.m.
    Mr. Speaker, I do not think these Reports have been laid here. So we have to lay those Papers; we want the laying to be done whilst we move to the substantive motion. And we want to state that there are two other agreements that the Committee has decided not to take.
    Mr. Second Deputy Speaker 3 p.m.
    Let us hear from the hon. Deputy Majority Leader.
    Mr. A. O. Aidooh 3 p.m.
    Mr. Speaker, if we can lay the document on the Bui Authority Bill, for instance -- [Interruption.]
    Mr. Second Deputy Speaker 3 p.m.
    We can lay which one?
    Mr. A. O. Aidooh 3 p.m.
    Item 1 of the Addendum -- Presentation and First Reading of Bills.
    Mr. Second Deputy Speaker 3 p.m.
    That is right. Presentation and First Reading of Bills -- Bui Authority Bill, 2007 -- hon. Minister for Energy.
    Mr. A. O. Aidooh 3 p.m.
    Mr. Speaker, the hon. Minister is outside the jurisdiction of this country and the hon. Deputy Minister is here.
    Mr. Second Deputy Speaker 3 p.m.
    Hon. Deputy Minister, lay the Paper.
    BILLS -- FIRST READING 3 p.m.
    Mr. A. O. Aidooh 3 p.m.
    Mr. Speaker, if we could go to item 2, Laying of Papers; I understand (c), (d) and (f) are ready.
    Mr. Second Deputy Speaker 3 p.m.
    Very well. Laying of Papers, (a) is ready, I suppose. Hon. Chairman of the Finance Committee, item 2 (a).
    Nii Adu Mante: Mr. Speaker, with the greatest respect, if I can lay all the Papers with the exception of 2(b), because the Reports are almost ready. We have started distribution already. So I crave your indulgence to lay all the Papers except 2(b).
    Mr. Second Deputy Speaker 3 p.m.
    Order! Order! Except which 2?
    Nii Adu Mante: Except item 2(b) and (g).
    Mr. Second Deputy Speaker 3 p.m.
    Except
    Mr. Second Deputy Speaker 3 p.m.
    All right. Very well. So item 2 (a), hon. Chairman of the Finance Committee?
    PAPERS 3 p.m.
    Mr. Second Deputy Speaker 3 p.m.
    So make sure that the Reports are distributed as quickly as possible.
    Nii Adu Mante: Mr. Speaker, before we go on to the next stage of proceedings, may I take you back to item 2(c). The amount, $3,500,000 should rather read
    $3,200,000.
    Mr. Second Deputy Speaker 3 p.m.
    Hon. Members, you make the corrections.
    Mr. A. O. Aidooh 3 p.m.
    Mr. Speaker, if we could take item 9 of the Addendum.
    Suspension of Standing Order 80 (1)
    Chairman of the Committee (Nii Adu Mante) 3 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited for an amount of US$3,200,000 for the rehabilitation of Naval Shipyards at Sekondi may be moved today.
    Mr. E. A. Agyepong 3 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Second Deputy Speaker 3 p.m.
    Motion number 10 -- Hon. Chairman of the Committee?
    [NII ADU MANTE] Loan Agreement between the Government of Ghana and
    Stanbic Bank Ghana Limited for the Rehabilitation of Naval Shipyards
    at Sekondi
    Chairman of the Committee (Nii Adu Mante) 3 p.m.
    Mr. Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited for an amount of US$3,200,000 for the rehabilitation of Naval Shipyards at Sekondi.
    Mr. Speaker, in doing so, may I present your Committee's Report. Mr. Speaker, I will give you the background and the observations and the conclusions.
    1.0 Introduction
    The Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited was laid in the House on Friday, 23rd March 2007 and referred to the Finance Committee for consideration and report in accordance with the 1992 Constitution and the Standing Orders of the House.
    To consider the Loan Agreement, the Committee met with the Deputy Minister for Finance and Economic Planning, hon. Dr. A. Akoto Osei and officials from the Ministry of Finance and Economic Planning and report as follows:
    2.0 Reference Documents
    The Committee referred to the following documents in its consideration of the Agreement:
    1. The 1992 Constitution of the Republic of Ghana
    2. The Standing Orders of the House

    3. The Loans Act, 1970 (Act 335)

    3.0 Background

    Hon. Members would recall that in the Budget and Economic Policy Statement of the Government of Ghana for the 2007 Financial Year presented to Parliament on Thursday, November 16, 2007, the hon. Minister for Finance and Economic Planning, hon. Kwadwo Baah-Wiredu submitted a proposal for securing funds to rehabilitate the Naval Shipyards at Sekondi.

    It may also be recalled that the Ministry of Finance and Economic Planning submitted this project last year and approval was given for partial funding due to the limit set on the short-term commercial financing window.

    4.0 Terms and Conditions

    Loan Amount -- US$3.2 million

    Interest Rate -- 3 months libor plus a margin of 2.75 per cent per annum

    Facility Fee -- 0.75 per cent flat. Repayment Period --

    5.0 Observations

    The Committee observed that the House last year approved an amount of US$4 million towards this project.

    It was also observed that this loan formed part of the Government's Budget and Economic Policy Statement for the year 2007 that was approved by this honourable House.

    6.0 Conclusion

    The Committee after carefully examining the loan and finding it to be beneficial to the country, respectfully recommends to the House to adopt this report and approve by resolution the Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited for an amount of three million, two hundred thousand United States Dollars (US$3,200,000) for the rehabilitation of Naval Shipyards at Sekondi in accordance with article 181 of the Constitution and Section 7 of the Loans Act, 1970 (Act

    335).

    Respectfully submiited.
    rose
    Mr. Second Deputy Speaker 3 p.m.
    Hon. Member for Zebilla, do you have any point of order?
    Mr. Ndebugre 3:10 p.m.
    On a point of order. Mr. Speaker, in the Report it is November 19, 2007. Mr. Speaker, we are still very far away from that date. I believe he wanted to put 2006. So just for the purposes of the records.
    Mr. Second Deputy Speaker 3:10 p.m.
    Very well. Chairman, take note of that.
    Nii Adu Mante: Mr. Speaker, thank you. And I also thank my learned friend. So it should be November 19, 2006, that is about two days before my birthday.

    An hon. Member: Mr. Speaker, I beg to second the motion.

    Question put and motion agreed to.
    Mr. Second Deputy Speaker 3:10 p.m.
    Let us go to the resolution - Minister for Finance and Economic Planning.
    RESOLUTION 3:10 p.m.
    Mr. Baah-Wiredu 3:10 p.m.
    Mr. Speaker, I beg to move, that
    WHEREAS By the provisions of article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), the terms and conditions of any loan raised by the Government of Ghana on behalf of itself or any public institution or authority shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
    PURSUANT to the provisions of the said article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335) and at the request of the Government of Ghana acting through the Minister responsible for Finance, there has been laid before Parliament the terms and conditions of the Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited for an amount of US$3,200,000 for the rehabilitation of Naval Shipyards at Sekondi.
    THIS HONOURABLE HOUSE 3:10 p.m.
    H E R E B Y R E S O LV E S A S 3:10 p.m.
    Prof. Gyan-Baffour 3:10 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Second Deputy Speaker 3:10 p.m.
    Hon. Members, shall we have the motion numbered 12. Is it ready, Deputy Majority Leader?
    Mr. A. O. Aidooh 3:10 p.m.
    Mr. Speaker, may we take the motion numbered 15.
    Mr. Second Deputy Speaker 3:10 p.m.
    Chair- man of Finance Committee, is the Report ready?
    Nii Adu Mante: Mr. Speaker, that is not ready.
    Mr. Second Deputy Speaker 3:10 p.m.
    Hon. Member, you do not have the Report on the Credit Facility Agreement between the Republic of Ghana and -- [Interruption. ]
    Mr. A. O. Aidooh 3:10 p.m.
    Mr. Speaker, we have the Report.
    Mr. Second Deputy Speaker 3:10 p.m.
    So hon. Chairman of the Finance Committee, can you move motion numbered 15?
    Suspension of Standing Order 80 (1)
    Nii Adu Mante: Mr. Speaker, I beg to

    The loan is to be repaid in full by not later than 36 (thirty-six) months from the date of each draw down, however not later than April 30, 2010 (“the Final Repayment Date”)

    move, that notwithstanding the pro-visions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Social Security and National Insurance Trust (SSNIT) for an amount of US$21,000,000 for the construction of CAN 2008 Stadia may be moved today.

    An hon. Member: Mr. Speaker, I beg to second the motion.

    Question put and motion agreed to.

    Resolved accordingly.

    Loan Agreement between GOG and SSNIT for the Construction

    of CAN 2008 Stadia

    Nii Adu Mante: Mr. Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Social Security and National Insurance Trust (SSNIT) for an amount of US$21,000,000 for the construction of CAN 2008 Stadia.

    Mr. Speaker, in so doing, may I read out your Committee's report. Mr. Speaker, I will read out the observation and the conclusion and ask the Hansard Depart- ment to capture the whole report.

    1.0 Introduction

    The Loan Agreement was laid in the House on Friday, 23rd March 2007 and referred to the Finance Committee for consideration and report in accordance with article 181 of the Constitution and the Standing Orders of the House.
    Mr. S. Sallas-Mensah (NDC - Upper West Akim) 3:10 p.m.
    Mr. Speaker, it looks like the motions numbered 15 and 16 contradict the Committee's Report. While motion 16 is saying that this honourable House is being required to approve the amount of $21 million, the Report is saying an amount of $5 million for construction of CAN 2008 stadia. So I think the Chairman would have to come up again and clarify this issue; either the motion is right or the Report is wrong.
    Mr. Second Deputy Speaker 3:10 p.m.
    He explained in his Report the fact that the $5 million is part of the $21 million and that the House may approve this and that the subsequent amounts that will come to make up the $21 will be brought to the House for approval.
    Mr. Sallas-Mensah 3:10 p.m.
    Mr. Speaker, the motion right now should capture $5million only and not $21 million.
    Mr. Second Deputy Speaker 3:20 p.m.
    Yes, Chairman, for the records while you have explained in your Report I think the motion that you are moving for the House to approve ought to reflect it; so you can make the correction.
    Nii Adu Mante: Mr. Speaker, what we are asking the House to approve is US$5 million as contained in the “Conclusion” of our Report.
    Mr. Owusu-Adjapong 3:20 p.m.
    On a point of order. Mr. Speaker, I believe we all seem to agree that the change should be US$5 million out of the US$21 million. That is all we need to say, and I would suggest that we go by that.
    Mr. Second Deputy Speaker 3:20 p.m.
    Please, make the correction on the Order Paper because the Report duly captures what is happening.
    Mr. S. K. Balado-Manu (NPP -- Ahafo Ano South) 3:20 p.m.
    Mr. Speaker, I thank you very much for giving me the opportunity to contribute to the motion. Mr. Speaker, football in this nation is a great passion to everyone and it is therefore a plausible idea that Government should take a loan to rehabilitate the stadia that we need for CAN 2008.
    However, the loan alone is not going to do the magic. There are problems that this country is currently facing and if we are not careful we may not be able to meet
    [NII ADU MANTE] our target -- that is the cement problem and the energy crisis. Mr. Speaker, the energy crisis is affecting the production of iron rods -- [Interruption.]
    Dr. A. A. Osei 3:20 p.m.
    On a point of order. Mr. Speaker, I thought the motion on the floor was on the construction of the CAN 2008 stadia, but this thing about energy crisis, what has that got to do with construction? It is a loan for construction.
    Mr. Manu 3:20 p.m.
    Mr. Speaker, I do not know that there are Ghanaians who do not know that when one is constructing a stadium one needs cement and iron rods; and these are produced as a result of energy. We need energy to produce these things. Mr. Speaker, what I am saying is that we must be looking at the energy crisis and how that is going to affect the production of cement and iron rods which, if not tackled, may stall the work at the various stadia. This is what I am driving at.
    On this note, I thank you, Mr. Speaker, and I support the motion.
    Question put and motion agreed to.
    RESOLUTION 3:20 p.m.
    THIS HONOURABLE HOUSE 3:20 p.m.
    H E R E B Y R E S O LV E S A S 3:20 p.m.
    Prof. Gyan-Baffour 3:20 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Suspension of Standing Order 80 (1)
    Chairman of the Committee (Nii
    Adu Daku Mante): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on the
    Loan Agreement between the Government of Ghana and CAL Bank for an amount of US$10,000,000 to part-finance the supply of equipment and provision of related services for the National Identification System may be moved today.
    Mr. Kyei-Mensah-Bonsu 3:20 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Report of the Finance Committee on the Loan Agreement between GOG
    and CAL Bank
    Chairman of the Committee (Nii Adu Daku Mante) 3:20 p.m.
    Mr. Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and CAL Bank for an amount of US$10,000,000 to part finance the supply of equipment and provision of related services for the National Identification System.
    Mr. Speaker, in so doing may I present the report of your Committee.
    1.0 Introduction
    The above Loan Agreement was laid in the House on 23rd March 2007 and referred to the Finance Committee for consideration and report in accordance with article 181 of the Constitution and the Standing Orders of the House.
    To consider the document, the Committee met with the Deputy Minister for Finance and Economic Planning, hon. Dr. A. Akoto Osei and officials from the Ministry of Finance and Economic Planning and reports as follows:
    2.0 Purpose
    The purpose of the loan is to provide additional funding for the supply of equipment and provision of related
    RESOLUTION 3:20 p.m.
    THIS HONOURABLE HOUSE 3:20 p.m.
    H E R E B Y R E S O LV E S A S 3:20 p.m.
    Prof. Gyan-Baffour 3:20 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Suspension of Standing Order 80 (1)
    Chairman of the Committee (Nii
    Adu Daku Mante): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Social Security and National Insurance Trust (SSNIT) for an amount of US$25,000,000 for the construction and

    f r o m t h e d a t e o f satisfaction of all the conditions precedent until 6th December

    2007.

    m a x i m u m t e n o r of forty-eight (48) months by way of equal quarterly instal- ments commencing three months after the end of the Mora- torium period.

    rehabilitation of Parliamentary Offices (Job 600-State House Project) may be moved today.
    Prof. Gyan-Baffour 3:20 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Report of the Finance Committee on the Loan Agreement between
    GOG and SSNIT
    Chairman of the Committee (Nii Adu Daku Mante) 3:20 p.m.
    Mr. Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Social Security and National Insurance Trust (SSNIT) for an amount of US$25,000,000 for the construction and rehabilitation of Parliamentary Offices (Job 600-State House Project).
    Mr. Speaker, in doing so, I present the Report of your Committee.
    1.0 Introduction
    The Loan Agreement between the Government of Ghana and Social Security and National Insurance Trust (SSNIT) was laid in the House on Friday, 23rd March 2007 and referred to the Finance Committee for consideration and report in accordance with article 181 of the Constitution and the Standing Orders of the House.
    To consider the Loan Agreement, the Committee met with the Deputy Minister for Finance and Economic Planning, hon. Dr. A. Akoto Osei and officials from the Ministry of Finance and Economic Planning and reports as follows:
    2.0 Reference Documents
    The Committee referred to the following documents in its consideration of the Agreement:
    1 . The 1992 Cons t i tu t ion o f the Republic of Ghana
    2 The Standing Orders of the House
    3. The Loans Act, 1970 (Act 335).
    3.0 Background
    Hon. Members would recall that the Budget and Economic Policy Statement of the Government of Ghana for the 2007 financial Year submitted to Parliament on November 19, 2006 contained a proposal for securing funds to undertake the construction and rehabilitation of Parliamentary Offices.
    4.0 Terms and Conditions
    Loan Amount -- US$25 million
    Interest Rate -- Bank of Ghana prime rate plus 200 basis points
    Moratorium -- 2 years
    Principal Repayment -- 10 equal instal- ments after the m o r a t o r i u m period
    Tenor -- Ma x i m u m of seven (7) years
    Penalty -- 11.0 per cent per annum on any Unpaid Instalment (Principal and/or interest)
    5.0 Observations
    The Committee observed that any unpaid instalment, both principal and interest will be capitalized.
    The Committee was also informed that disbursement of the loan would commence within sixty (60) days of executing the loan agreement.
    It was further observed that the successful completion of the Job 600 project would ease the acute accommodation problem facing Parliament thereby enhancing the House's work and dignity.
    6.0 Conclusion
    The Committee has carefully examined the Loan Agreement and concludes that it will be immensely beneficial to the work of Parliament.
    The Committee therefore recommends to the House to adopt this report and approve by Resolution, the Loan Agreement between the Government of Ghana and Social Security and National Insurance Trust (SSNIT) for an amount of twenty-five million United States dollars (US$25,000,000) for the construction and rehabilitation of Parliamentary Offices (Job 600-State House Project) in accordance with article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335).
    Respectfully submitted.
    Question put and motion agreed to.
    Nemine contradicente.
    Mr. J. H. Mensah 3:30 p.m.
    Mr. Speaker, it
    [NII ADU MANTE] would be worthwhile to put it on record that about seven years or more ago when we were working on this Job 600 we got a grant, not a loan, from the World Bank of $25 million to complete the whole work. Today, we are approving a loan with a duration of seven years and the rate of interest, Bank of Ghana prime rate plus 200 basic points and it is for $25 million to cover a job which is already half done.
    I do not know how with escalated prices during these years and so on we now need another $25 million to conclude this work because the World Bank's $25 million disappeared. But Mr. Speaker, we have not done ourselves favours by the way we have handled this matter.
    RESOLUTION 3:30 p.m.
    Dr. A. A. Osei (on behalf of Minister for Finance and Economic Planning) 3:30 p.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), the terms and conditions of any loan raised by the Government of Ghana on behalf of itself or any public institution or authority shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament.
    PURSUANT to the provisions of the said article 181 of the Constitution and section 7 of the Loan Act, 1970 (Act 335) and at the request of the Government of Ghana acting through the Minister responsible for Finance, there has been laid before

    Parliament the terms and conditions of the Loan Agreement between the Government of Ghana and Social Security and National Insurance Trust (SSNIT) for an amount of US$25,000,000 for the construction and rehabilitation of Parliamentary Offices (Job 600-State House Project.
    THIS HONOURABLE HOUSE 3:30 p.m.
    HEREBY RESOLVES AS 3:30 p.m.
    Prof. Gyan Baffour 3:30 p.m.
    Mr. Speaker, I
    beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Owusu-Adjapong 3:30 p.m.
    Mr. Speaker,
    whilst waiting for the Prisons one, we take item No. 24.
    Suspension of Standing Order 80 (1)
    Majority Leader (Mr. F. K. Owusu-
    Adjapong): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for this honourable
    House to authorize the extension of the mandate of Messrs Opoku, Andoh & Co. to audit the accounts of the Office of the Auditor-General for the years 2005 and 2006 may be moved today.
    Mr. S. Sallas Mensah (NDC - Upper
    West Akim): Mr. Speaker, before I second the motion I would like to make a correction to the motion. It should read: “Office of the Auditor-General for the year 2005 and 2006 and not “2004 and 2005”. The same applies to motion No. 25. I second the motion subject to those amendments.
    Mr. Second Deputy Speaker 3:30 p.m.
    Majority Leader, I believe you are in agreement. Very well.
    Question put and motion agreed to.
    Resolved accordingly.
    Extension of Mandate to Audit Auditor-General
    Mr. Owusu-Adjapong 3:30 p.m.
    Mr. Speaker, I beg to move -- subject to correction to the date on motion No. 25, instead of 2004 and 2005 it should be 2005 and 2006 - That pursuant to the adoption of the Report of the Special Committee, this honourable House authorizes the extension of the mandate of Messrs Opoku, Andoh & Co. to audit the accounts of the Office of the Auditor-General for the years 2005 and
    2006.
    Mr. Lee Ocran (NDC - Jomoro) 3:30 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Mr. Owusu-Adjapong 3:30 p.m.
    Mr. Speaker,
    whilst waiting for the Prisons Report -- I am told it is being bound -- if we can take item No. 16 on the original Order Paper.
    Mr. Second Deputy Speaker 3:30 p.m.
    Hon.
    Members, go back to the original Order Paper.

    Suspension of Standing Order 80 (1)

    Chairman of the Committee (Mrs.

    Gifty E. Kusi): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on Mines and Energy on the Addendum to the Stability Agreement dated 18th February 2004 between the Government of the Republic of Ghana and AngloGold Ashanti Limited may be moved today.

    Alhaji Amadu Sorogho (NDC -

    Abokobi-Madina): Mr. Speaker, I beg to second the motion.

    Question put and motion agreed to.

    Resolved accordingly.

    Addendum to the Stability Agreement between GOG and AngloGold

    Ashanti Limited
    Mrs. Kusi 3:30 p.m.
    Mr. Speaker, I beg to
    move, that this House adopts the report of the Committee on Mines and Energy on the Ratification of the Addendum to the Stability Agreement dated 18th February, 2004 between the Government of Ghana and AngloGold Ashanti Limited. In so doing, I wish to present the Report of your Committee.

    1.0 Introduction

    The Agreement was laid before the House by the Majority Leader and Minister for Parliamentary Affairs, hon.

    Felix K. Owusu-Adjapong on Wednesday, 21st March 2007 and was subsequently referred to the Committee on Mines and Energy for consideration and report in accordance with article 103 (2) of the 1992 Constitution of Ghana and Standing Order 188 of the House.

    2.0 Reference

    i. The 1992 Constitution of the Republic of Ghana

    ii. The Standing Orders of Parliament iii. The Minerals and Mining Law

    2006, Act 703

    iv. The Stability Agreement between the Republic of Ghana and AngloGold Ashanti Ltd. dated 8th February 2004.

    3.0 Background Information

    The House may recall that Ashanti Goldfields Co. Ltd. And AngloGold Ltd. entered into a transaction Agreement which eventually led to the merger of the two companies under the name AngloGold Ashanti Ltd.

    Following the merger, AngloGold Ashanti entered into a Stability Agree- ment with the Government of Ghana to support the development of the Obuasi deeps in particular. Government under the Stability Agreement granted the following concessions:

    (a) The mining lease for Obuasi dated 5th March 1994 was extended for sixty years and shall expire on 4th March 2054.

    (b) The royalty rate payable by AngloGold Ashanti Ltd. and its subsidiaries in Ghana shall not exceed 3 per cent of the
    Mr. Second Deputy Speaker 3:30 p.m.
    Order!
    Order!
    Mr. J. H. Mensah 3:30 p.m.
    Mr. Speaker, before
    I propose a change to the Resolution being proposed, I was also part of the negotiators to the Original Agreement three years ago and, Mr. Speaker, our purpose then was to give a tax break to this joint company between Ghana and AgloGold Ashanti Ltd. so that it could develop the most difficult deeps of gold which are called the Obuasi deeps. That is an area of mining where they go miles underground and one of the most difficult problems there is refrigeration rather than mining.
    Mr. J. H. Mensah 3:40 p.m.


    Mr. Speaker, it is on the basis of that expectation of a tax break that we signed the agreement. So it seems to me that it will be in the interest of our reliability as a business partner if we reconsidered at page four of this Committee's Report, the statement that says that the applicable rate of corporate tax will be the prevailing rate at any time. That means that you are withdrawing by this recommendation the tax break that we gave to the company three years ago on forming this partnership. It would not be very good for us as an investment destination to do this. Therefore I am going to recommend a solution that I hope will be acceptable to the House.

    The Committee is giving the Ministry up to the end of May to submit a revised mining lease agreement and I would like to propose to the House that as regards that recommendation, the House gives its Committee time to also reconsider this matter of the tax break and come to us with recommendations at the end of May when we take this matter again.

    I hope this would be a satisfactory way of getting round a difficulty that may otherwise injure our commercial reputation and injure the status of the company on the stock exchange. We are shareholders in AngloGold Ashanti and the value of our shares is going to be affected by the decision we take on this matter and that is why I am making this recommendation to the House.

    Majority Leader (Mr. F. K. Owusu-

    Adjapong): Mr. Speaker, whilst I want to sympathise with the hon. Member of Parliament for Sunyani East, I believe that there was a detailed discussion at the committee level and it would be a bad precedent to start giving directives to committees when they are going to meet.

    I believe that there was a reason why the Committee demanded that the mining lease must be given to it by a certain date and I want to suggest that we allow the Committee's Report to stand. If in their own wisdom they think that there is the need for us to make any amendment, I believe they will consider that. Again, it may be a good exercise that when the Committee is meeting, he can make himself available and advise the Committee so that we do not have much problem with debate. That was why I was pleading with Mr. Speaker whether we can move on with the Question.

    Mr. Alfred W. G. Abayateye (NDC

    -- Sege): Mr. Speaker, in supporting the motion, I only want to call our attention to a mix-up in date. In the memorandum submitted to the President and in the letter from the Office of the President, there is a quote which conflicts with the date when the Agreement was ratified, and I want note to be taken. The Agreement was ratified on the 18th of February, 2004, but the date quoted is 18th February 2006. If it could be noted and corrected.
    Mr. S. Sallas-Mensah 3:40 p.m.
    Mr. Speaker,
    I wanted to give the hon. Member an information that the Committee took note of that anomaly from Cabinet and it has been addressed already at the committee level.
    Alhaji A. B. Sorogho (NDC --
    Abokobi-Madina): Mr. Speaker, for lack of time, I would not want to speak too much. This is a straightforward issue. The Committee sat over a very long period, debated and then agreed on the Report. It is so sad that the hon. Senior Minister took up only that aspect because if we were to go back, there were so many other things in the Committee which under the present Parliament we would have also decided to withdraw.
    For example, holding 80 per cent of the
    money that has accrued in foreign banks is something that is not very good for Ghana; but it was accepted. Apart from that, it has also been extended to 60 years. It is because of the nature of the work -- going to the Obuasi deeps, down, down, down -- that all these concessions were granted.
    That aside, the agreement pegged
    the rate at 30 per cent, but because the government tax has come down, they have also come down to 25 per cent; and they still want to go below the 25 per cent by two and half per cent. The Committee sat and discussed it and we realized that it was not feasible; it is not going to help Ghana. So I seriously support and hope that the House will just approve it so that we can move on.
    Minister for Education, Science and
    Sports (Papa Owusu-Ankomah): Mr. Speaker, the original Stability Agreement was negotiated at the time when I was the Attorney-General and Minister for Justice. A lot of considerations went into the negotiations, principal among which was that at any time, whatever benefit were being conferred on the company should be better than existing rates, for instance corporate tax.
    Whilst I understand the view or the decision of the Committee, I believe that as a House, we should reconsider the recommendation in the light of the negotiations that took place, that resulted in the Stability Agreement. It may not convey a good impression of this country as a country that offers special breaks to certain companies that we consider strategic.
    Anglogold Ashanti is now one of the
    biggest gold mining companies in the world and we must also realize that in this present day of global competition, whatever decisions we take, particularly
    relating to financial inducements for companies, should be in conformity with international best practice. International best practice dictates that in circumstances such as this, the company should not be worse off than at the time when these agreements were negotiated, worse off being in relation or in respect to the existing tax rates at any point in time.
    I therefore will recommend to the House that we reconsider the prevailing corporate tax rate.
    Mr. Second Deputy Speaker 3:40 p.m.
    In
    view of the observation that was made by the Majority Leader, that at this stage it would be more appropriate to approve the Committee's Report, I will put the Question and then in due course any further discussions can take place. I am putting the Question.
    Question put and motion agreed to.
    Mr. Second Deputy Speaker 3:40 p.m.
    Majority Leader, which item?
    Mr. Owusu-Adjapong 3:40 p.m.
    Mr. Speaker,
    we now have the Report on Prisons, so we can take motion numbered 3 on the Addendum Order Paper.
    Mr. Second Deputy Speaker 3:40 p.m.
    You
    have Addendum 2.
    Mr. Owusu-Adjapong 3:40 p.m.
    Mr. Speaker,
    we are working on that one.
    Mr. Second Deputy Speaker 3:40 p.m.
    So
    which of the Addendums?
    Mr. Owusu-Adjapong 3:40 p.m.
    The first
    Addendum, which is item No. 3, dealing with Ghana Police and Prisons Service.
    Mr. Second Deputy Speaker 3:40 p.m.
    Majority Leader, you said motion number
    . . .?
    Mr. Owusu-Adjapong 3:40 p.m.
    Three, please.
    Mr. Second Deputy Speaker 3:40 p.m.
    Motion
    Mr. Second Deputy Speaker 3:40 p.m.


    number 3?
    Mr. Owusu-Adjapong 3:40 p.m.
    Yes, Mr.
    Speaker.
    Mr. Second Deputy Speaker 3:50 p.m.
    Very well, so Chairman of the Finance Committee, motion No. 3.
    Suspension of Standing Order 80 (1)
    Chairman of the Committee (Nii Adu Mante) 3:50 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited for an amount of US$14,000,000 for the purchase of equipment for the Ghana Police Service and Ghana Prisons Service may be moved today.
    Prof. Gyan-Baffour 3:50 p.m.
    Mr. Speaker, I
    beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Loan Agreement between GOG and Stanbic Bank Gh. Ltd. for
    Police and Prisons
    Chairman of the Committee (Nii Adu Mante) 3:50 p.m.
    Mr. Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited
    for an amount of US$14,000,000 for the purchase of equipment for the Ghana Police Service and Ghana Prisons Service.
    Mr. Speaker, in so doing may I present to you your Committee's Report. Once again, may I crave your indulgence to read only the “Conclusion” of the Report and request Hansard to capture the whole Report as having been read. 1.0 Introduction
    The above Loan Agreement was laid in the House on Friday, 23rd March 2007 and referred to the Finance Committee for consideration and report in accordance with article 181 of the Constitution and the Standing Orders of the House.
    To consider the Agreement, the Committee met with the Deputy Minister for Finance and Economic Planning, hon. Dr. A. Akoto Osei and officials from the Ministry Finance and Economic Planning and reports as follows:
    2.0 Background
    The issue of addressing the critical shortage of equipment and accoutrements for the efficient functioning of the Police and Prison Services has always been the paramount concern of Government.
    Hon. Members would recall that at the inception of this administration, the Government had to make emergency arrangements to acquire transport facilities for the Police Service.
    Since then, the Government has not adequately addressed any of the urgent requirements of the Police and Prisons Services. This raises urgent issues to do with the security of the whole country.
    There is also the need to improve the efficiency of both the Police and Prisons Services. Specifically with regard to the Police, it is important to equip them well enough to carry out their activities during
    the CAN 2008 Football Tournament, international conferences and other crucial events.
    Hon. Members would recall that in November 2006, the House approved a similar facility for both the Police and the Prisons Services to procure equipment and accoutrements for the effective functioning of their Services.
    This facility is an additional financing to help the two Services meet their total cost of goods and services required for the effective functioning of their Services.
    3.0 Terms and Conditions
    Loan Amount -- US$14,000,000
    Interest Rate -- 3 M$ Libor + 2.7 per cent
    Repayment Period --
    Facility Fee -- 0.75 per cent flat.
    4.0 Observations
    The Committee observed that the purpose of the loan is to procure equipment for the Ghana Police and Prisons Services to enhance their operations and activities.
    The Committee noted that the total cost of goods and services that the Government intends to procure over two (2) years for the Police and Prisons Services from Paramount Logistics Corporation Limited, S.A. is USD26,401,762.00.
    The Committee noted that this facility is the balance of the total amount required to procure these logistics to enhance the
    performance of the two Services.
    The Deputy Minister informed the Committee that this facility was captured in Appendix 22 of the 2007 Budget Statement presented to the House in which the Minister submitted a proposal for securing funds to purchase logistics for the two Services.
    Members expressed concern about the poor maintenance culture in the Police Service. The Committee therefore urges the Police Administration to put in place on effective system to regularly maintain their equipment and vehicles.
    The Committee also observed that the acquisition of additional equipment will enhance mobility and operational effectiveness of the Police and Prisons Services.
    The Committee again noted that there would also be an improvement in the management of crime and associated improvement in national security following the introduction of more visible policing aids.
    5.0 Conclusion
    After careful consideration and satisfying itself of the need and urgency of maintaining law and order in the country, the Committee recommends to the House to adopt its Report and approve by resolution the Loan Agreement between the Government of Ghana (GOG) and Stanbic Bank (Ghana) Limited for an amount of fourteen million US dollars (US$14 million), for the purchase of Equipment for the Ghana Police and Prisons Services from Paramount Logistics Corporation Limited of South Africa in accordance with article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335).
    Chairman of the Committee (Nii Adu Mante) 3:50 p.m.


    Respectfully submitted.
    Mr. S. K. B. Manu 3:50 p.m.
    Mr. Speaker, I
    beg to second the motion and in doing so Mr. Speaker, I want to refer to what I said yesterday when we were considering the Armed Forces Loan Agreement.
    Mr. Speaker, in this country, if there is a group of people who are very important to our lives and security it is the Police and the Prison Services, yet Mr. Speaker, the equipment with which they work -- a prison officer walks with a criminal from the prison yard to the court and he can be exposed to any danger, any time, from this criminal.
    It is therefore a good idea that a loan is being contracted to buy equipment for this group of workers, for our sake, that they can do their work efficiently and effectively. I therefore urge all hon. Members to support the motion and vote for the motion.
    Question put and motion agreed to.
    MR. SPEAKER
    RESOLUTION 3:50 p.m.
    THIS HONOURABLE HOUSE 3:50 p.m.
    H E R E B Y R E S O LV E S A S 3:50 p.m.
    Dr. A. A. Osei 3:50 p.m.
    Mr. Speaker, I beg to
    second the motion.
    Question put and motion agreed.
    Resolved accordingly.
    Suspension of Standing Order 80 (1)
    Chairman of the Committee (Nii Adu
    Mante): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is
    given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Stanbic Bank Ghana Limited for an amount of US$15,000,000 for the renovation of the Flagstaff House may be moved today.
    PAPERS 3:50 p.m.
    Prof. Gyan-Baffour 3:50 p.m.
    Mr. Speaker, I
    beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- SECOND READING 3:50 p.m.
    Dr. A. A. Osei 4 p.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, 2007 may be taken today. I beg to move.
    Nii Adu Mante: Mr. Speaker, I beg
    to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- CONSIDERATION 4 p.m.
    STAGE 4 p.m.
    Dr. Kunbuor 4 p.m.
    Mr. Speaker, I have a
    difficulty understanding the amendment. I do not know whether there is any law that binds the Ghana Statistical Service to one particular definition. Perhaps, he intended “the definition of the Ghana Statistical Service (GSS) from time to
    [NII ADU MANTE] [NII ADU MANTE]

    time”. Because unless he can say that there is a binding definition on this index to the GSS then you need to add a proviso, “from time to time”.
    Dr. A. A. Osei 4 p.m.
    Mr. Speaker, the
    definition itself is “the measure of the level of general prices”. That is international. But in this country only the Ghana Statistical Service (GSS) officially can give us that number. So it is for emphasis, since the Bank of Ghana also every now and then has its different definitions of inflation.
    So the definition itself is just simply, “the measure of the level of general prices”. That is the international definition; but as defined by GSS to make sure that no other agency in this country just gives us that number.
    Dr. Kunbuor 4 p.m.
    Yes, I appreciate that
    but we are now making it a statute and whatever meaning it will have in the statute, that is what we would look at when it comes to the question of interpretation. As to whether the international standard that is capable of shifting from year to year takes place or not, we must be certain and clear in our minds what we mean by it here.
    I am not very sure what this whole international definition means. There might be one for the moment but it could change tomorrow. But if we want to use what exists as at now, let us say so and put it in the definition.
    Dr. A. A. Osei 4:10 p.m.
    Mr. Speaker, the
    definition, “a measure of the general . . .” would never change. That is the definition of “consumer price index”, and you cannot change it in any other way.
    Mr. Speaker 4:10 p.m.
    Chairman of the Committee, what do you say to this?
    Nii Adu Mante: Mr. Speaker, may I
    refer this to the hon. Deputy Minister on my left.
    Prof. Gyan-Baffour 4:10 p.m.
    Mr. Speaker,
    I think the interpretation should be “Consumer Price Index means the measure of the level of general prices as determined by the Ghana Statistical Service” so that we do not confuse “define” and “definitions” here. I think “determined by the Ghana Statistical Service” would be a better rendition.
    Question put and amendment agreed
    to.
    Clause 4 as amended ordered to stand
    part of the Bill.
    Schedule -- Part A ordered to stand part of the Bill.
    Schedule -- Part B.
    Nii Adu Mante: Mr. Speaker, I beg
    to move, SCHEDULE, delete “Part B (Section 1(1) (b))” appearing at the head of the Second table.
    Question put and amendment agreed
    to.
    Schedule -- Part B as amended ordered
    to stand part of the Bill.
    Schedule -- Part C
    Nii Adu Mante: Mr. Speaker, I beg
    to move, SCHEDULE, delete “Part C (Section 1 (1) (c))” appearing at the head of the Third table.
    Mr. Speaker, you would notice that after Part C, the same thing appears in Part B. We find section 1(1) (c) there and
    this is what Mr. Speaker, we are deleting at the head of the Third table.
    Dr. A. A. Osei 4:10 p.m.
    Mr. Speaker, I just
    want some clarification. Are we deleting the Schedule or the words “section 1 (1) (c)? That is what I am not sure about because you cannot delete the Schedule.
    Nii Adu Mante: Mr. Speaker, we are
    deleting the heading and I am saying that for example when you go to Part B, you have Part B, section 1 (1) (b) appearing at the head of the Second table; and Mr. Speaker, if you go to the Bill, you would find Part B Section 1 (1) (b). This is what we are deleting so that what you have is “specific duty rates for non-alcoholic products” and then at Part C we have “specific duty rates for tobacco products”. I think it is clear enough.
    Question put and amendment agreed to
    The Long Title ordered to stand part
    of the bill.
    Mr. Speaker 4:10 p.m.
    We have come to the
    end of the Consideration Stage of the Customs and Excise (Duties and Other Taxes) (Amendment) Bill, 2007. Majority Leader, the next item?
    Mr. Felix Owusu-Adjapong 4:10 p.m.
    Mr.
    Speaker, I believe we can take the Third Reading and that would be item numbered
    6.
    Suspension of Standing Order 131(1)
    Minister for Finance and Economic
    Planning (Mr. Baah-Wiredu): Mr. Speaker, I beg to move, that notwith- standing the provisions of Standing Order 131(1) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be
    Prof. Gyan-Baffour 4:10 p.m.
    Mr. Speaker, I
    beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- THIRD READING 4:10 p.m.
    Mr. Owusu-Adjapong 4:10 p.m.
    Mr. Speaker, I
    was told that on the original Order Paper, when we finished the motion, we did not take the Resolution on page 12. So if we can take item 8 which is the last item for the day; it is only a Resolution.
    Mr. Speaker, I want to crave your
    indulgence to allow the hon. Deputy Minister for Energy to move the Resolution on behalf of the Minister.
    RESOLUTION 4:10 p.m.
    Mr. Asamoah Ofosu (NPP -- Kade) 4:10 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Speaker 4:20 p.m.
    Majority Leader, any
    outstanding item?
    Mr. Owusu-Adjapong 4:20 p.m.
    Mr. Speaker,
    I believe you may call the Minority Leader to continue with the rest of the proceedings.
    CLOSING REMARKS 4:20 p.m.
    Minority Leader (Mr. A. S. K. Bagbin) 4:20 p.m.
    Thank you, Mr. Speaker. Mr. Speaker, I take note of the environment
    now and the tired, exhausted bodies and faces of my hon. Colleagues and crave your indulgence and that of the House to acknowledge what happened during this Meeting and to congratulate ourselves for a job well done together with Mr. Speaker, the Clerks and our
    brothers and sisters of the media.
    I hope the good Lord Himself will continue to fortify us so that we can keep on discharging our duties to the
    satisfaction to the people of Ghana. It is with this, Mr. Speaker, that I thank
    everybody for the Meeting.
    Majority Leader (Mr. Owusu- Adjapong) 4:20 p.m.
    I thank you Mr. Speaker,
    and in the light of the mood of the situation, I will read my closing remarks
    from here.
    Mr. Speaker, once again, we have come to a peaceful end of yet another
    fruitful Meeting. I am most grateful to the Almighty God for His mercies and
    blessings that have been bestowed on all of us.
    Mr. Speaker, this Meeting undoubtedly has been an eventful one. Eventful
    because there have been series of events, prominent among them the State of the Nation Address delivered to this august House by H.E. The President on Thursday, 18th February, 2007 in
    fulfilment of his constitutional mandate.
    Hon. Members will agree with me that the Message was very much touching and showed a very promising national
    development agenda. Creating a favourable platform for private sector
    development, providing employment for the youth and enhancement of human
    rights by strengthening the various
    institutions responsible for ensuring justice are just a few of the many good
    things stated by the President.
    Mr. Speaker, Parliament also organized a “Mock Parliament” on 5th February,
    2007. Students of the tertiary institutions took over from Parliament and debated
    on the topic, “50 Years of Independence: Has the Nation Failed the Youth?”.
    Mr. Speaker, another event which is worth mentioning is the special
    Sitting of Parliament held on Monday, 5th March, 2007. This was held to commemorate the historic role of
    Parliament in the event that led to the independence of Ghana on 6th March,
    1957.
    The event did not only help us to reminisce the crucial role played
    by the then Parliament but also saw in our midst some distinguished
    personalities, including H.E. Mr. John Agyekum Kufuor, his Vice-President H.E. Alhaji Aliu Mahama, H.E. Chief Olusegun Obasanjo, President of the
    Federal Republic of Nigeria, His Royal Highness the Duke of Kent, Prince Edward; President of Pan-African
    Parliament, hon. Getrude Mungela; Ghana's illustrious son, Busumru Kofi Annan, visiting Heads of State, twenty
    Speakers, officials and many other dignitaries.
    Mr. Speaker, Parliament also played a
    crucial role in making the celebration of the nation's Golden Jubilee a success. I believe critics of the Golden Jubilee
    Celebration will agree with me that the celebration has indeed helped raise the
    image of Ghana internationally.
    I have no doubt in my mind that Ghana will soon start reaping the benefits
    [NII ADU MANTE] [MR. HAMMOND] of the investments made towards the celebration of this Golden Jubilee. I
    wish to congratulate all hon. Members who in diverse ways contributed in making the celebration a very
    memorable and historic one.
    Mr. Speaker, the launching of Korle- Bu Maternity Ward Fund by the
    Women Caucus was also one of the achievements during this Meeting and
    needs commendation. Our women Members of Parliament have actually demonstrated that they are capable of initiating remedies to issues that affect
    women.
    Mr. Speaker, this Meeting also witnessed the resignation of hon. Eric Amoateng, Member of Parliament for Nkoranza
    North. Although he had the right to hold the seat for a period of time he thought it was proper for him to resign to enable
    the good people of Nkoranza North elect another representative to articulate
    their views in the august House. This shows that hon. Amoateng is very much committed to the people of Nkoranza.
    I wish to entreat the leadership of the various Committees to complete works that have been referred to them during
    the recess and submit their reports when the House reconvenes in May, 2007.
    Mr. Speaker, I wish to also congratulate you and your Deputies for steering the
    affairs of this Meeting. It is my hope that God will always give you such wisdom
    and exceptional qualities to direct us to discharge our duties effectively and
    efficiently.
    Mr. Speaker, may I also express my appreciation to the staff of the
    Parliamentary Service for the invaluable service rendered to us. I hope they will continue to give of their best within the
    limited facilities.

    Democratic governance, Mr. Speaker, relies heavily on the availability and accessibility of information to both

    the governors and the governed. This cannot be achieved without the support of the media. I therefore commend the Parlia-mentary Press Corps for their

    immense contribution in disseminating information on Parliament.

    I pray for God's guidance and blessing for all hon. Members and your goodself, Mr. Speaker. It is my fervent hope that

    we all come back in one piece, refreshed and poised to continue with the work entrusted to us by the good people of

    Ghana.

    I wish all of us a Happy Easter. Thank you, Mr. Speaker.
    Mr. Speaker 4:20 p.m.
    Hon. Members, I shall
    be very brief. I thank you all Members of Parliament, Leadership, Committee Members and Parliamentary staff for your support during the First Meeting
    of the Third Session of the Fourth Parliament of the Fourth Republic.
    I also thank the Parliamentary Press Corps. As part of the activities marking the celebration, a dinner dance has been scheduled for this evening at 7 o'clock
    at the State Banquet Hall to refresh hon. Members after two months of hectic
    business.
    May I take this opportunity to invite all hon. Members and their spouses to this important programme. May the Almighty God be with us all till
    we return to the House to resume our legislative business.
    With these few remarks, I declare the First Meeting of the Third Session of the Fourth Parliament of the Fourth
    Republic adjourned sine die.
    ADJOURNMENT 4:20 p.m.
    RESOLUTIONS -- 4:20 p.m.