Debates of 13 Aug 2008

MR. SPEAKER
PRAYERS 1:20 p.m.

Mr. Speaker 1:20 p.m.
Order! Order! Hon. Members, may I apologise profusely to you for Sitting rather too late.
Votes and Proceedings and
the Official Report
Mr. Speaker 1:20 p.m.
Correction of Votes and Proceedings, Tuesday, 12th August, 2008. Pages 1. . . 22. [The Votes and Proceedings were corrected.]
At the commencement of Public Business. Item 4 - Laying of Papers.
PAPERS 1:20 p.m.

- 1:20 p.m.

- 1:20 p.m.

Mr. Mahama Ayariga 1:30 p.m.
Mr. Speaker, a report on the sale Agreement regarding Ghana Telecom is being laid before this House.

Mr. Speaker, yesterday the initial Agreement that was before this House was withdrawn and a fresh Agreement was laid. I am an hon. Member of this House and as I speak, I do not have a copy -- all of us, we do not have copies of the Agree- ment that was laid yesterday. I am told that they gave the Agreement to only members of the Joint Committee. Mr. Speaker, members of the Joint Committee are just about twenty-five. Assuming that they are even forty in number, we are talking about a House of 230.

We are all entitled to the deliberations in this House; we are entitled to every information that is relevant to taking a decision in this House. Mr. Speaker, I do not have the Agreement, my hon. Colleagues here do not have the Agreement and there is no basis on which we can be asked to consider the report when we have not seen the Agreement. And there is no way we can proceed when we do not have

copies of the Agreement.

Mr. Speaker, this is procedurally irregular and I therefore urge that we cannot allow a report to be laid of an Agreement that has not been disclosed to Members of this House. It is unacceptable. Mr. Speaker, unless there is something that is being hidden in the Agreement that they do not want us to see, we cannot approve something that we have not seen.

Indeed, this country will not forgive us if they hear that this House met and approved such a fundamental Agreement without having seen a copy of it.

Mr. Speaker, on that note, I urge that

we reject the report and wait for all of us to be furnished with copies of the Agreement before we proceed on the matter.
Mr. Speaker 1:30 p.m.
Order! Order! Hon.
Member for Bawku Central, this is not the time to talk about rejecting the report or otherwise. This is not the time.
Majority Leader (Mr. A. O. Aidooh) 1:30 p.m.
Mr. Speaker, first of all, assuming that they do not have the Agreement; assuming, without admitting but the members of the Committee had the Agreement and worked on it after it had been laid properly, that is not ground for rejecting the report. That is the first one to make.
Mr. Aidooh 1:30 p.m.
Mr. Speaker, this
morning after the report was distributed, our Colleagues on the front bench of the Minority came to see us and they asked for some more time for the debate
to commence; they never said that the Agreement had not been distributed. Mr. Speaker, they had seen us a while ago and asked that we gave them more time to study the report. The issue of the rejection of the report was never raised. I also presumed that they had copies.
Mr. Aidooh 1:30 p.m.
Mr. Speaker, but let me emphasize that nothing is so parliamentarily wrong that the report must be rejected, no. The Agreement was laid; members of the Committee have seen it and they brought the report based on the Agreement which was validly laid. Mr. Speaker, if any Member of the House has not received a copy of the report, that in itself is never a ground to reject the report.
Mr. Speaker 1:30 p.m.
Hon. Member for
Bawku Central, have you received a copy of the Committee's Report?
Mr. Ayariga 1:30 p.m.
Mr. Speaker, what was
laid before this House?
Mr. Speaker 1:30 p.m.
I am referring to the
Committee's Report; have you received a copy?
Mr. Ayariga 1:30 p.m.
Mr. Speaker, I have just
Mr. Speaker 1:30 p.m.
I just asked you a
simple question. I will order that copies of this Agreement be made available to everybody but in the meantime, the Paper is laid for distribution.
Mr. Ayariga 1:30 p.m.
Most grateful, Mr. Speaker.
Mr. Speaker 1:30 p.m.
Number “C” - Chair-
man of the Committee.
Minority Leader (Mr. A. S. K.
Mr. Bagbin 1:30 p.m.
Mr. Speaker, the issue is
about “when” -- the delay in the debate of the report and not the rejection of it. There is no basis for the rejection of the report but it is proper that hon. Members are given time and copies to go through it so that we can have a very informed debate. That one is a request I will make of you and crave the indulgence of my Colleagues in this House to let us take some more time to go through the document and the report.
Mr. Speaker, I got a copy of the new revised Agreement that had been laid yesterday. I just got a copy of the report of the Committee which is that I am to go and read. So Mr. Speaker, yes, there is a good reason for us to take some time to go through them and then debate them. Mr. Speaker, this is an honourable House and I do not want to mention names but if I am compelled to, I will do that because we must maintain discipline in this House. For hon. Members to sit down and be shouting “shame, wooh”, that is not something that should be encouraged in
Mr. Speaker 1:30 p.m.
Order! Order!
Mr. Bagbin 1:30 p.m.
So Mr. Speaker, I pray
that we have a break so that copies are made available to hon. Members for us to go through and then we come back and debate the Ghana Telecommunications Company (GT) Agreement. That is why we are here. In fact, the recall is to enable us debate and see how far to approve or disapprove of the Agreement that the Government has entered into with Vodafone, whether it is P.L.C or Netherlands B.V. as are stated in the document.
Mr. Speaker, I will plead that we take some time and go through the document.
Mr. Speaker 1:30 p.m.
Minority Leader, that is
certainly a reasonable plea but we have not come to the motions; we are dealing with laying of Papers. Let us lay them first.
By the Chairman of the Committee -
(c) Report of the Committee on Mines and Energy on the Assignment of the Interest of Devon Energy in the Petroleum Agreement signed amongst the Government of the Republic of Ghana, Ghana National Petroleum Corporation and Devon Energy on 29th July, 2002, to Afren Energy (Ghana) Ltd. and Gulf Atlantic (Ghana) Ltd.
By the Chairman of the Committee --
(d ) Repor t o f the F inance Committee on the Buyers Credit Facility Agreement

between the Government of the Republic of Ghana and KBC Bank N.V. of Belgium for an amount of €72,000,000.00 for additional scope of work improvement of the sanitation of Old Fadama as part of the Korle Lagoon Ecological Restoration Project (KLERP), including the redevelopment of Adjen Kotoku near Amasaman in the Greater Accra Region.
Mr. Speaker 1:40 p.m.
Leadership, which are the motions we can deal with today?
Mr. Aidooh 1:40 p.m.
Mr. Speaker, we have to take motion No. 5 but upon reflection, it does appear that this request made under article 181 is a bit misplaced. So the new thinking is that we would treat the request by the hon. Minister and the Committee's report as being of informative value to the House and that when they have secured the loans, then the agreed terms be brought to us for approval.
So I would urge the House to treat the request by the hon. Minister and then the Committee's recommendation as being of informative value to the House and that they go ahead and secure the loan and when they do that they come back to the House.
Mr. Speaker 1:40 p.m.
So, which other motions are for hearing today?
Mr. Aidooh 1:40 p.m.
Mr. Speaker, there is one on the assignment of energy, item 35 on the Order Paper.
MOTIONS 1:40 p.m.

Alhaji A.B. Sorogho 1:40 p.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
GOG/GNPC/Devon Energy Agreement
Chairman of the Committee on
Mines and Energy (Mrs. Gifty E. Kusi): Mr. Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Mines and Energy on the Assignment of the Interest of Devon Energy in the Petroleum Agreement signed amongst the Government of the Republic of Ghana, Ghana National Petroleum Corporation and Devon Energy on 29th July 2002, to Afren Energy (Ghana) Ltd. and Gulf Atlantic (Ghana) Ltd.
In so doing, I beg to present the report of the Committee.
1.0 Introduction
The Agreement was laid before the
TABLE HERE 1:40 p.m.

Alhaji Amadu B. Sorogho (Abokobi- Madina) 1:50 p.m.
Mr. Speaker, I beg to second the motion and in so doing, I want to say
that there is no big problem as far as this particular motion is concerned. We had an initial problem with regard to why there was the need for Devon Energy to relinquish their portion and why Afren should come in. But we realised from the report that we had, that it was a policy taken by the parent body that they should move out of Africa. For that matter, we realised that it was in the best interest of Ghana.
The second point that we also got
was that in the initial Agreement signed between Devon, GNPC and the Republic of Ghana, there was a provision for Devon Energy to be able to relinquish its shares and transfer them to a second partner. So, Mr. Speaker, we were also satisfied.
Our problem had to do with an evaluation report which was brought in as a way of convincing us. In the last paragraph of the report, it was stated that the conditions by which approval should be given to Afren was that Afren should bring in a partner with significant financial and technical capabilities to take at least 50 per cent shares in the risk of meeting Devon Energy's outstanding obligations and to operate the block.
Mr. Speaker, we had an explanation from the hon. Minister responsible for Energy that this was not a decision taken by the Ministry and that it was only somebody's opinion which was shared with the Board and that the Board having carefully considered it, decided to drop it and that that document should not have come to the Committee.
Mr. Speaker, we made further enquiries and we realised that it was true that it was a staff from GNPC who thought that by his technical expertise, for us to give approval to Afren they should be able to meet this condition and that it was not accepted by the Board.

Mr. Speaker, I think as we are all aware,
Alhaji Amadu B. Sorogho (Abokobi- Madina) 1:50 p.m.


fuel is now a big asset and every country is making all effort to develop its potentials. It is against this background that we thought we should not allow the exit of Devon Energy to affect the capability of us getting commercial quantities of fuel in that particular bulk.

So we agreed that since time was also not on our side, there was the need for them to serve an additional well before the end of December this year. It was on this basis that having carefully considered the Agreement, we thought it wise to recommend to the House to give its approval and ratify it.

On this note, I thank you, Mr. Speaker.

Question proposed.

Deputy Minister for the Interior (Mr. K. T. Hammond): Mr. Speaker, I also rise to support the recommendations as found in the Committee's Report.

Mr. Speaker, the hon. Member who just spoke said something at the tale end of his contribution and I really want to take over from there, when he indicated that we should not allow the exit of Devon Energy to affect our ability to make a discovery around that area.

Mr. Speaker, I can assure this House that that is another area that there is a very serious potential of finding another mahogany. Mr. Speaker, I do recall when Devon Energy and Cana at that time thought that we were at the verge of making a significant discovery. Thereafter, the Ministry and Ghana National Petroleum Corporation (GNPC) encouraged them even though they felt a little bit disappointed to stay on and continue with their exploration activities.

So, if for technical or corporate reasons
Alhaji Amadu B. Sorogho (Abokobi- Madina) 1:50 p.m.


they have decided to say goodbye to Africa, we would urge this House to support whatever arrangement has been put in place to make sure that that place is not left vacant because it has got potential for a very serious discovery.

Mr. Speaker, I ask the House to support

this Agreement wholeheartedly and God willing, something would come out of that place, insha Allah.
Mr. E. K. D. Adjaho (NDC - Avenor/ Ave) 1:50 p.m.
Mr. Speaker, I rise to support the motion.
Mr. Speaker, as we read from page three of the Committee's report, the current physical arrangement is an improvement over the amendment number one which was approved in this House in 2006; whilst amendment number one proposed royalty for all the four per cent, the current one is ten per cent. Royalty for gas in the previous one was four per cent and the current one is five per cent. So, clearly, there is an improvement there.
However, there is one observation I want to make. The observation is to the fact that we have realized that this is the second petroleum exploration agreement that this House has approved and we realized that some companies get registered and they become partners in the same year. It creates a wrong perception as if they have fronted for a company.
Mr. Speaker, Gulf Atlantic for example, was incorporated only in 2008. So one wonders what value they are adding to the whole transaction. February 2008, Gulf Atlantic Ghana Ltd. was incorporated. We look at their documents and we are wondering the kind of expertise they are bringing in to the whole Agreement which is before us to approve.
I think in future the Ministry and indeed, the Government must take a second look at this sort of companies which are just formed for the sole purpose
of partnering foreign companies without adding any value and without bringing anything on board.
In fact, they have two per cent interest in the transaction and I think that this is the second observation I made with regard to it and something ought to be done about it. Maybe, in the future when we get these things, we may have to go beyond to find out exactly why these people are coming forward, what exactly they are bringing on board.
I am not too happy with this development but with this observation I support the motion.
Dr. Kwame Ampofo (NDC - South Dayi) 2 p.m.
Mr. Speaker, I also rise to support the motion on the floor of the House and in so doing, I will make a few comments and observations.
Mr. Speaker, we are in times where we
ought to take our oil and gas exploration business very seriously. It is for this reason that I think this new Agreement is in order. Except that if you look at it carefully, you would note that it is the original contractor which is Devon Energy which is actually selling out its interest to Afren, and this is not a bad business deal. Except that the Devon Energy contract is about to expire at the end of this year, so they have a few months left for the whole Agreement to expire. I see that there is an urgent move by Afren to acquire the effects of Devon Energy and one would ask why would GNPC of Ghana not wait for the whole contract to expire so that we can now readvertise the block, so that we can have competition and value-for- money? Because of the revised Agreement - the amended Agreement -- Devon Energy was given more flexible terms from the original.
For example, royalty for oil was reduced from ten to four per cent. Royalty for gas from five to four per cent and indeed, all the other benefits that would have come to the people of Ghana were all reduced by certain amount.
The good thing about this Agreement is that, it offered us opportunity to take another look at these percentages and move back to the originals. That means, we have improved on our position. But what I want to say is that, we agreed to reduce these percentages because at that time oil had not been found, the perceived risk of doing exploration business in Ghana was high. But right after the discovery of this large result, risk perception has completely changed. Therefore, from now on, when we enter into petroleum agreements, we now enter from a position of strength rather than a position of weakness that we used to be.
For this reason, I thought we could have taken an advantage of the situation and moved a little higher than the percentages we offered in the originals. For example, instead of moving from four per cent back to ten per cent, we could have bargained and moved up to 13, 14 or 15 per cent and then the others by similar portions.
But at least, I must concede that this is progress made in comparison with the previous position. The Deputy Minority Leader has stated about the possibilities of companies that come to just partner others. I think there is another pheno- menon that is happening in the industry and the Ministry must be careful about it.

There are certain companies that we call speculators. They come in to hold concessions and then later when they see that things are good, they sell them and

for good money. It is not a bad thing but what it comes to do to us is that, it can delay our exploration activities so that by the time that we would discover oil, they would hold on to it until they get the best buyer for it.

But we cannot wait for them to be doing this type of delay tactics, we need to discover more fields because the two fields that we have are simply not enough to move into the bracket of big time oil producers as our neighbours like Nigeria. So at least, in the shortest period, we need to discover at least, two or three more of such oils, and there is an indication that perhaps this particular concession area that we are looking at may be the area that would give us another find. It is for that reason that I think this particular contract is being done in this case.

With these comments, I would say that there is nothing much wrong with this Agreement and I urge the House to support it.
Mr. Speaker 2 p.m.
Chairman of the
Committee, you may wish to wind up -- Hon. Minister, please, you may wind up.
Minister for Energy (Mr. F. K. Owusu-Adjapong) 2 p.m.
Mr. Speaker, first, let me thank my hon. Colleagues for the useful suggestions that have been made. I hope this would guide the Ministry, GNPC and in fact the Government in future deliberations.
Mr. Speaker, as regards why possibly it is not in our interest to wait, the evidence is that we can be a bit sure of commercial find at our western front. It is in our interest to ensure that we can tell people that not only are we expecting oil from the western front but also at the eastern front.
Therefore, if this critical drill is successful, it would mean we can now
Minister for Energy (Mr. F. K. Owusu-Adjapong) 2 p.m.


say that possibly from Half Assini right down to Aflao perhaps, we are in good business and that is why it is necessary we encourage them to do the drill so that by December, we could say that the whole coast of our dear country has got it; that is one of the reasons.

Again, the fact that we are going back to the original Agreement which gives us more credit is also just to send a signal that when we say that we have discovery at the two blocks, it means that people coming in should now take Ghana as an emerging oil producing country and therefore, they should come in a big way.

That is the reason why we felt this should be done that way. It is also to guarantee good things for the people of Ghana that we said that after December, we would come back to the table and see what additional things that can be done for the benefit of the country.

Mr. Speaker, as regards why GNPC and for that matter the Ministry should encourage other Ghanaians to join, is in relation to this theory of local content. If we are to make strict rules as to how Ghanaians can be partners in such ventures, I am afraid we would end up always having the foreign group taking its shares. So it is in our interest to encourage people to be a party to the scheme at the commencement, so that even if they are able to bulldoze their way and get shares, in future that would be the basis for the expansion of local content.

Mr. Speaker, I believe we can take

lessons from what has happened in Trinidad and Tobago, when they insisted that whatever the circumstance, money or no money, their local people should be encouraged. At the moment, in some areas, we have the local content as high as 30 per cent. I have just been there and I know that we can do it in Ghana too.

As regards GNPC shares that they have
RESOLUTION 2 p.m.

Minister for Energy (Mr. F. K. Owusu-Adjapong) 2 p.m.
Mr. Speaker, I beg to move, that
WHEREAS by the provisions of article 268 (1) of the Constitution, any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource
of Ghana made or entered into after the coming into force of the Constitution is made subject to ratification by Parliament.
IN PURSUANCE of the said article 268 (1) of the Constitution, the Government of Ghana has caused to be laid before Parliament through the Minister responsible for Energy the Assignment of the Interest of Devon Energy in the Petroleum Agreement signed amongst the Government of the Republic of Ghana. Ghana National Petroleum Corporation and Devon Energy on 29th July 2002, to Afren Energy (Ghana) Ltd. and Gulf Atlantic (Ghana) Limited.
NOW THEREFORE, this House in accordance with the said article 268 (1) of the Constitution hereby resolve to ratify the said Assignment of the Interest of Devon Energy in the Petroleum Agreement signed amongst the Government of the Republic of Ghana, Ghana National Petroleum Corporation and Devon Energy on 29th July 2002, to Afren Energy (Ghana) Ltd. and Gulf Atlantic (Ghana) Limited.
Mr. Moses Asaga 2 p.m.
Mr. Speaker, I
rise to second the resolution that has been moved by the hon. Minister for Energy.
Question put and motion agreed to.
Resolved accordingly.
rose
Mr. Speaker 2 p.m.
Next item, please.
Mr. Chireh 2 p.m.
Mr. Speaker, it has passed 2 o'clock and I do not know whether it is an extended Sitting or not. So I am moving a motion for an adjournment.
Mr. Speaker 2 p.m.
Thank you very much.
We are having an extended Sitting. Of course, that offers the next item. [Laughter.] Leadership?
Mr. Aidooh 2 p.m.
Mr. Speaker, may we
go to item 7.
Suspension of Standing Order 80 (1)
Chairman of the Committee (Nii Adu
Daku Mante): Mr. Speaker, I beg to 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 Joint Committee on Finance and Mines and Energy on the Credit Facility Agreement between the Government of the Republic of Ghana and Caylon Credit Agricole Bank (France) for an amount of €85.00 million for the Network Expansion and Loss Reduction Project of the Electricity Company of Ghana may be moved today.
Mr. P. C. Appiah-Ofori 2 p.m.
Mr. Speaker, I beg to second the motion.
rose
Mr. Speaker 2 p.m.
Hon. Member for
Abokobi/Madina, do you have a problem with this matter?
Alhaji Sorogho 2 p.m.
Mr. Speaker, my
attention has been drawn to the fact that it is a consequential motion and not the debate because the report is still not ready.
We have just left the place and so I just wanted to inform you.
Mr. Speaker 2 p.m.
Leadership, I understand
the report is still not ready, is it true?
Mr. Aidooh 2 p.m.
Mr. Speaker, may we then
go to motion number 12.
Mr.. Adjaho 2:10 p.m.
Mr. Speaker, we did make the point that some hon. Members did not get copies of the main document. The Report itself has just been laid. Mr. Speaker, if you look at it, we are being called to even suspend the Standing Orders but this is a matter that has a lot of public interest. I think it will be in the interest of this House if hon. Members study the Report and let other hon. Members who do not have copies of this Report at the moment get copies so that we can have a very meaningful debate tomorrow -- [Interruption] - Indeed, the Agreement.
Mr. Speaker, some documents are also being circulated, supplemental Agreement and we have number two which explains certain things in the main Agreement. We have got number two, but some of us have not even got number one. So it would be in the interest of this House if we defer this matter to tomorrow to be taken as the first item. Mr. Speaker, I am appealing to you.
Mr. Aidooh 2:10 p.m.
Mr. Speaker, the position
accepted by our hon. Colleagues is not unacceptable to us, but we thought that we could start the debate today and conclude tomorrow. However, since there are other documents which are even being given out at this stage, we will concede to their request and have the motion taken tomorrow.
But meanwhile, Mr. Speaker, there are two documents which are being circulated and these are supplemental to the first
Mr. Aidooh 2:10 p.m.


Agreement which are being distributed. I will crave the House's indulgence to officially lay them so that hon. Members will have access to them and refer to them in their debate.
Mr. Speaker 2:10 p.m.
So, what is your
application now?
Mr. Aidooh 2:10 p.m.
Mr. Speaker, having
done that, may I ask that we adjourn pro- ceedings till tomorrow morning at 10.00 o'clock.
Mr. Bagbin 2:10 p.m.
Mr. Speaker, I beg to
second the adjournment of the House but laying of the supplementary Agreement, I think, is not procedurally correct. This is because the main Agreement has been laid and it goes with the supplementary documents.
The supplementary is given as information, because my view is that they are captured in the main document. So it is just a document for reference and we do not need to lay that again in the House.
I believe that the main document has been laid but hon. Members will have enough time to read it.
Mr. Aidooh 2:10 p.m.
Mr. Speaker, these
documents are supplemental to the Agreement, they are amendments to the first Agreement -- [Interruptions] -- Yes, they were. Mr. Speaker, they are amendments to the first Agreement, and
in fairness to the House, I thought we should make them available to the House. They are amendments to the original Agreement, that is why we laid them.
Mr. Speaker 2:10 p.m.
Minority Leader,
please, resolve this matter with the Leadership.
Mr. Aidooh 2:10 p.m.
Mr. Speaker, he now
agrees.
Mr. Speaker 2:10 p.m.
Hon. Members, we may
adjourn Sitting of the House till tomorrow morning at 10.00 a.m. prompt.
ADJOURNMENT 2:10 p.m.

  • The House was adjourned at 2.14 p.m. till 14th August 2008 at 10.00 a.m.