Debates of 7 Nov 2008

MR. SPEAKER
PRAYERS 10 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10 a.m.
Mr. Speaker 10 a.m.
Order! Order! Correc- tion of Votes and Proceedings. We have to take the Votes and Proceedings for Wednesday, 5th November, 2008. Pages 1… 40. [No correction was made.]

Hon. Members, we do not have Official Report for today. Item 3 - Business Statement for the Sixth Week; Chairman, Business Committee?
BUSINESS OF THE HOUSE 10 a.m.
Majority Leader (Mr. A. O. Aidooh) 10:10 a.m.
Mr. Speaker, the Business Committee met on Wednesday, 5th November, 2008 and decided to revise our calendar to the effect that this House will adjourn sine die on Friday, 14th November, 2008 instead of Tuesday, 11th November, 2008 and the Committee wishes Members to bear with us to accommodate the new time for rising.
Mr. Speaker, there will be some Urgent Questions, one by hon. Alfred Kwame Agbesi and he will be asking the Question

of the Ministry of the Interior and the other by hon. Dr. Benjamin Kunbuor who will ask a Question of the hon. Minister for Finance and Economic Planning during the week.

Papers and Reports

Mr. Speaker, Papers and Reports may be laid and presented respectively for consideration by the House.

Bills

Mr. Speaker, Bills may be presented to the House and those which have already been presented would be taken through the various stages of passage.

Statements and Motions

Mr. Speaker may allow Statements and motions may also be debated.

Outstanding Business

Mr. Speaker, the Business Committee once again wishes to inform hon. Members that any unfinished business at the end of the Sixth Week ending Friday, 14th November 2008 would be carried over to the Seventh Week beginning Tuesday, 16th December 2008.

Mr. Speaker, committees could how- ever take advantage of the recess period to deliberate on their outstanding referrals.

Mr. Speaker, the House is expected to rise “SINE DIE” on Friday, 14th November 2004.

Conclusion

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

Urgent Question --
Mr. Alfred Kwame Agbesi (Ashai- man) 10:10 a.m.
To ask the Minister for the Interior what plans has the Ministry made to provide adequate security to presidential and parliamentary candidates and the general public before, during and after the December 7, 2008 elections.
Laying of Papers --
(a ) Repor t o f the F inance Committee on the Financial Services Bill.
(b ) Repor t o f the F inance Committee on the Mixed Credit Facility between the government of the Republic of ghana and the government of Belgium and KBC Bank for an amount of €17,156,600.00 for the implementation of Koforidua Water Supply Project (New Tafo Water Supply System).
(c ) Repor t o f the F inance Committee on the Mixed Credit Facility between the government of the Republic of ghana and Bank of Hapoalim of Israel for an amount of US$120.00 million for the implementation of Kwahu, Konongo and Kumawu Water Supply Projects.
(d ) Repor t o f the F inance Committee on the Credit A g r e e m e n t b e t w e e n t h e government of the Republic of ghana and Euroget De-Invest SA of Egypt for an amount of US$339,000,000 for the construction and equipping of
two regional and six district Hospitals.
( e ) Repor t o f the F inance Committee on the Loan Agree- ment between the government of the Republic of ghana and Project Development Interna- tional/Exim Bank of the United States of America for an amount of US$49,062,541 for the procurement of additional fire tenders for the ghana National Fire Service.
(f) Report of the Committee on Lands and Forestry on the Voluntary Partnership Agree- ment between the European Community and the Republic of ghana on Forest Law Enforce- ment, governance and Trade (FLEgT).
Motions --
(a) Second Reading of Bills --
Alternative Dispute Resolution Bill.
(b) Third Reading of Bills --
Electronic Transactions Bill
Consideration Stage of Bills --
Home Mortgage Finance Bill.
Committee Sittings

Laying of Papers --

Report of the Committee on Mines and Energy on the Aluminium Authority and Integrated Alumi- nium Industry Bill.

Motions --
Mr. Alfred Kwame Agbesi (Ashai- man) 10:10 a.m.
(a) Second Reading of Bills --
Financial Services Bill --
Aluminium Authority and I n t e g r a t e d A l u m i n i u m Industry Bill.
(b) Third Reading of Bills --
Home Mortgage Finance Bill.
Committee Sittings.

Motions --

(a) Adoption of the Report of the Finance Committee on the Mixed Credit Facility between the government of the Republic of ghana and the government of Belgium and KBC Bank for an amount of €17,156,600.00 for the implementation of Koforidua Water Supply Project (New Tafo Water Supply System).

(b) Adoption of the Report of the Finance Committee on the Mixed Credit Facility between the government of the Republic of ghana and Bank of Hapoalim of Israel for an amount of US$120.00 million for the implementation of Kwahu, Konongo and Kumawu Water Supply Projects.

(c) Adoption of the Report of the Finance Committee on the Credit Agreement between the government of the Republic of ghana and Euroget De-Invest

SA of Egypt for an amount of US$339,000,000 for the con-struction and equipping of two regional and six district hospitals.

(d) Adoption of the Report of the Finance Committee on the Loan Agreement between the government of the Republic of ghana and Project Develop- ment International/Exim Bank of the United States of America for an amount of US$49,- 062,541 for the procure-ment of additional fire tenders for the ghana National Fire Service.

(e) Adoption of the Report of the Committee on Lands and Forestry on the Voluntary Partnership Agreement between the European Community and the Republic of ghana on Forest Law Enforcement, governance and Trade (FLEgT).

Consideration Stage of Bills --

Railways Bill.

Alternative Dispute Resolution Bill.

Committee Sittings.

Urgent Questions --
Dr. Benjamin Kunbuor (Lawra/ Nandom) 10:10 a.m.
To ask the Minister for Finance and Economic Planning what is the total debt portfolio (both domestic and external) of the
country as at 31st October 2008.
Consideration Stage of Bills --
Financial Services Bill.
Aluminium Authority and Integra- ted Aluminium Industry Bill.
Committee Sittings.

Motions --

Third Reading of Bills --

Railways Bill.

Financial Services Bill.

Aluminium Authori ty and Integrated Aluminium Industry Bill.

Alternative Dispute Resolution Bill.

The House expected to rise sine die.
Mr. A. K. Agbesi 10:10 a.m.
Mr. Speaker, I have two issues concerning the Business of the House.
The first one, Mr. Speaker, relates to what has been termed as the Presidential Complex. Mr. Speaker, in this House, the Minister for Presidential Affairs appeared to tell us how much that complex would cost and he gave us an undertaking that the cost will be known at the end of completion.
Mr. Speaker, we have had invitation cards that this complex is going to be inaugurated on Monday, 10th November, 2008. I think that the Business Committee should be able to let the Minister tell the House the cost of the Complex.
The second issue, Mr. Speaker, relates to the assurance given by the hon. Majority Leader and Minister for Parliamentary Affairs last week, when the Business Statement was read. Mr. Speaker, originally he informed this House that we were going to rise on the 7th of November, 2008.
When that date was not put on the Business Statement we asked him and he gave us the assurance that the House was going to rise on the 11th November, 2008. Today, Mr. Speaker, he is telling us that we are going to rise on the 14th of November, 2008. It looks as if things are not being done systematically for us to plan campaigning in our constituencies which is our very life.
It looks like the Business Committee Chairman keeps on coming and saying different things everyday.
Mr. Speaker, I just want him to tell us when this House is going to rise because he has given us three positions so far.
These are my two issues, Mr. Speaker, concerning the Business of the House.
Mr. Speaker 10:10 a.m.
Majority Leader, you may deal with the second matter raised.
Mr. Aidooh 10:10 a.m.
Mr. Speaker, I am an agent of the Committee and I just come to announce to the House the Committee's decision. But let me say that last week the Committee informed the House that the 11th of November, 2008 date that was announced for rising was tentative and now I have been able to come to you with a firm date, that is the 14th of November,
2008.
Mr. Agbesi 10:10 a.m.
Mr. Speaker, I raised two issues, about the cost of the Presidential Complex which is going to be inaugurated on Monday, 10th November, 2008.
Mr. Speaker 10:10 a.m.
I advise you to file a
Mr. Herod Cobbina 10:10 a.m.
Mr. Speaker, the hon. Member has gone to his consti- tuency and he has instructed me to ask the Question on his behalf.
Mr. Speaker 10:10 a.m.
Permission granted.
ORAL ANSWERS TO QUESTIONS 10:10 a.m.
Minister for Energy (Mr. Felix K. Owusu-Adjapong) 10:10 a.m.
Mr. Speaker, the above-mentioned communities namely, Kojina, Essakrom, Bechima, Akurafu, Ntrentreso, Appiakrom, Aboanidua form part of the Ministry's ongoing electrification projects. Works in the
communities have been scheduled for completion by the end of the year.
Mr. Speaker 10:10 a.m.
Question number 1271, hon. george Kuntu Blankson, Member of Parliament for Nfantsiman East?
Mr. Cobbina 10:10 a.m.
Mr. Speaker, this Question according to the hon. Member of Parliament, has already been asked.
Mr. Speaker 10:10 a.m.
You are therefore abandoning it?
Mr. Cobbina 10:10 a.m.
Yes, Mr. Speaker.
Ajumako, Boikrom and Akatrika (Completion of Electrification)
Q. 1275. Mr. Joseph Boahen Aidoo asked the Minister for Energy when the electrification of the following towns in the Amenfi East District would be completed:
(i) Ajumako
(ii) Boikrom
(iii) Akatrika.
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, the Ajumako, Boikrom, Akatrika communities form part of the Ministry's ongoing electrification projects. We note that the transformer installed at Akatrika failed when it was commissioned. The Ministry has released a replacement transformer to the Regional Director, Electricity Company of ghana (ECg), Western Region, for installation in the community.
The residual works of the electrifica- tion project in the Ajumako and Boikrom communities are being implemented by the Electricity Company of ghana (ECg) Limited and are scheduled for completion by the end of the November 2008.
Mr. J. B. Aidoo 10:10 a.m.
Mr. Speaker, much as I appreciate the Answer given by the hon. Minister, especially in respect of Ajumako and Boikrom communities, I would want him to inform my constituents when exactly Akatrika project would be completed.
Mr. Speaker, the hon. Minister has been specific on Ajumako and Boikrom that the projects there will be completed at the end of November 2008 but he did not make any mention of when Akatrika project would be completed.
Mr. Speaker 10:10 a.m.
Hon. Member for Amenfi East, whom do you want the hon. Minister to inform, please?
Mr. J. B. Aidoo 10:10 a.m.
Mr. Speaker, the House.
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, as a matter of fact, my hon. Deputy Minister saw the urgency of the situation to the extent that, at the time the transformer was being delivered, he ensured that the hon. Member of Parliament was with him in the constituency to inspect it and other projects for development in his constituency. I want to assure him that whatever it is, we will make sure that by the end of November 2008 these works are completed.
Kpano, Guno, Sandu, Tinkurugu, etc. (Electricity)
Q. 1292. Alhaji Alhassan Yakubu asked the Minister for Energy, when the following communities in the Nanton Constituency would be connected to the national grid: Kpano, guno, Sandu, Tinkurugu, Kpachelo and Zonayili.
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, the Tinkurugu community formed part
of the SHEP-4 and was to have been connected under the future phases of SHEP-4. The community will thus be considered under the subsequent phases of the 5+ Communities Per District Electrification Programme.
The Kpano, guno, Sandu, Kpachelo and Zonayili communities, however, do not form part of any of the ongoing electrification projects being undertaken by the Ministry of Energy. The communities may be considered under the subsequent phases of the 5+ Communities Per District Electrification Programme in line with the implementation schedule and the availability of funding.
Alhaji Alhassan Yakubu 10:10 a.m.
Mr. Speaker, if the Tinkurugu community forms part of the SHEP-4 programme and should have been completed by now, may I know what caused the delay?
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, the House may recall that sometime ago, I gave them a brief as to what was happening with SHEP-4. We found out that SHEP-3 and SHEP-4, in some cases the communities could not provide the poles as was expected and it is one of the main reasons why we said we were abandoning this idea of SHEP, because the poor was being asked to produce poles when the rich was being supplied with the poles.
Mr. Speaker, the SHEP-4 had phases. The community concerned was not part of the first phase of SHEP-4, so it would have been considered under another phase of SHEP-4. But now that we said that was not fair and we wanted to ensure that any community we intended extending electricity to, the poles should be supplied either by the government itself or the District Assembly and not by the community, I am saying that it would be considered under subsequent phases of the 5+, where the community is not required to supply any poles.
Alhaji Alhassan Yakubu 10:10 a.m.
Mr. Speaker, if Kpano, guno, Sandu, Zonayili and Kpachelo do not form part of any of the ongoing programmes, how come that Sandu, one of such communities, was hooked to the national grid?
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, I would verify to see whether it was not part of some of the special projects that have been done. This is because the other day, I said that when a project is to connect electricity to say, schools, water supply or some of these industrial establish-ments, that is done out of turn. But with the information given by the hon. Member, I would check out from the office and respond either to him personally or to the House if that is the wish of the House.
Mr. Speaker 10:10 a.m.
Question number 1295, hon. Haruna Iddrisu, Member of Parlia- ment for Tamale South?
Mr. Haruna Iddrisu 10:10 a.m.
Mr. Speaker, may I with your leave, consider the Question withdrawn. At my last visit to the community, it had been energized, so it is a redundant Question.
Question by leave withdrawn.
Mr. Speaker 10:10 a.m.
The Question is withdrawn. Hon. Members, Question number 1297, hon. Mahama Ayariga, Member of Parliament for Bawku Central?
Dr. Ahmed Yakubu Alhassan 10:10 a.m.
Mr. Speaker, I have his permission to ask the Question on his behalf.
Mr. Speaker 10:10 a.m.
You may go ahead.
Habitat, Zabugu, Tinsungo and Bugri Corner (Electricity)
Q. 1297. Dr. Ahmed Yakubu Alhassan
(on behalf of Mr. Mahama Ayariga) asked the Minister for Energy what plans the Ministry had to extend electricity to the communities in the Bawku Central Constituency: Habitat, Zabugu, Tinsungo and Bugri Corner.
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, the Habitat community forms part of the Ministry's ongoing electrification projects. Installation works for High Voltage (HV) and Low Voltage (LV) networks are ongoing. Works are sche-duled for completion by the end of the year.
The Zabugu community forms part of the 5+ Communities Per District Electrification Programme. The Municipal Assembly has procured the poles and we are in the procurement process to select a contractor to commence the work.
The Tinsungo and Bugri Corner communities however do not form part of any of the ongoing electrification projects being undertaken by the Ministry of Energy. The communities may be considered under the subsequent phases of the 5+ Communities Per District Electrification Programme in line with the implementation schedule and the availability of funding.
Rural Electrification Implementation Functions (Separation)
Q. 1356. Mr. David Oppon-Kusi asked the Minister for Energy, whether there were any plans to separate rural electrification implementation functions from the work of the Ministry to ensure more efficient and accelerated rural electrification programme in the country.
Mr. Owusu-Adjapong 10:10 a.m.
Mr. Speaker, the Ministry of Energy has not yet taken a final decision regarding the separation of the rural electrification functions from the Ministry. The Ministry will continue to review its project implementation arrangements in order to improve the efficiency of the rural electrification programme.
Mr. Speaker 10:10 a.m.
Minister for Energy, thank you very much for coming to answer these Questions.
At the Commencement of Public Business, item 6 -- Motion, Minister for Finance and Economic Planning?
Minister of State at the Ministry of Finance and Economic Planning (Dr. Anthony Akoto Osei): Mr. Speaker, with your indulgence, I would like to move for a Second Consideration of this Bill. Mr. Speaker, it appears there are just two minor items that we need to reconsider and the Chairman of the Committee has agreed to introduce those changes.
Mr. Speaker 10:10 a.m.
Chairman, which clauses are left?
Chairman of the Committee (Nii Adu Daku Mante) 10:10 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
BILLS -- SECOND 10:30 a.m.
CONSIDERATION STAGE 10:30 a.m.
BILLS -- THIRD READING 10:30 a.m.
Dr. Osei 10:30 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Borrowers and Lenders Bill (Second Consideration Stage)
Clause 22 -- Object of the Registry.
Nii Mante: Mr. Speaker, I beg to move, clause 22, line 1, delete “or” and insert “and”.
Mr. Speaker, at the last Sitting we took away that word and inserted “and” and we feel it must be retained.
Question put and amendment agreed to.
Clause 22 as amended ordered to stand part of the Bill.
Clause 23 -- Functions of the Registry.
Dr. Osei 10:40 a.m.


Clause 23 -- Functions of the Registry.

Nii Mante: Mr. Speaker, I beg to move, clause 23, line (1), after “charges” insert “or collateral”.

Question put and amendment agreed to.

Clause 23 as amended ordered to stand part of the Bill.

Clause 24 -- Appointment of Registrar of charges and collateral.

Nii Mante: Mr. Speaker, I beg to move, clause 24, headnotes - delete “of charges and collateral” and insert “collateral” after “of”. So it would be “appointment of collateral registrar”.

Question put and amendment agreed to.

Clause 24 as amended ordered to stand part of the Bill.

Clause 25 - Registration of charges.

Nii Mante: Mr. Speaker, I beg to move, clause 25, headnotes should read “registration of charges” and not “and collateral” as we settled on the other day.

Question put and amendment agreed to.

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

Clause 26 -- Procedure on registration. Nii Mante: Mr. Speaker, I beg to move,

clause 26, subclause 1, paragraph (f), at the beginning insert the word “short”.

Mr. Speaker, du r ing the l a s t

consideration, we deleted the word “short” which should not have been deleted. So I am asking that the word “short” be retained. In fact, the procedure as it is, or

as it has been spelt out under clause 26, was lifted from the Companies Code. So if we delete the word “short” we will be giving a different meaning hence we feel that the word “short” should be retained.

Question put and amendment agreed to.

Clause 26 as amended ordered to stand part of the Bill.
Mr. Speaker 10:40 a.m.
Hon. Chairman, have you come to the end of the Second Consideration Stage?
Nii Mante: Mr. Speaker, your Commit-
tee felt that there should be a definition for “collateral” but that should be a matter for the draftsperson.
Mr. Speaker 10:40 a.m.
So we have come to the end of the Second Consideration Stage of the Bill.
Item 7 -- hon. Minister for Finance and Economic Planning?
BILLS -- THIRD READING 10:40 a.m.
Mr. Speaker 10:40 a.m.
Item 8 - Motion - Hon. Minister for Finance and Economic Planning?
Dr. Osei 10:40 a.m.
Mr. Speaker, before I move the motion, I want to crave your indulgence for the hon. Chairman to request for the Bill to go through a Second Consideration in respect of clause 19.
Nii Mante: Mr. Speaker, I beg to move for a Second Consideration of clause 19 of the Non-Bank Financial Institution Bill.
Dr. Osei 10:40 a.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Non-Bank Financial Institution Bill (2nd Consideration Stage)
Mr. Speaker 10:40 a.m.
Hon. Chairman, move your proposed amendment.
Nii Mante: Mr. Speaker, that proposed amendment stands in the name of the hon. Minister.
Clause 19 -- Ownership.
Dr. Osei 10:40 a.m.
Mr. Speaker, I beg to move, clause 19, subclause (d), delete and insert
“A company that has been out of bankruptcy for a period of at least 10 years in which time it has re- established itself as a financially sound and responsible company, may be allowed to own an NBFI subject, at BOg's discretion, to re-quirements that the BOg may impose, such as the posting of a bond for a certain number of years.”
Mr. Speaker, as the clause stands right now, it prevents a company that has once been adjudged bankrupt from ever coming back to own an NBFI. We have consulted with the Bank and it looks like they are in agreement. So this is why we are offering the proposal.
Nii Mante: Mr. Speaker, I support the hon. Minister's proposed amendment, save that the abbreviations, that is “NBFI” should be expanded to read “Non-Bank Financial Institution” and also the BOg should read “Bank” since we have defined “Bank” to mean “Bank of ghana” in the Interpretation column.
Mr. Speaker 10:40 a.m.
Hon. Minister, what do you say?
Dr. Osei 10:40 a.m.
Mr. Speaker, that is accept- able.
Question put and amendment agreed
to.
Dr. Osei 10:40 a.m.
Mr. Speaker, I beg to move, clause 19, subclause (f), insert
“If the suspension was interim pending investigations, legal actions, et cetera and the suspended person was later cleared to resume the activity from which they were suspended or could have assumed the activities for which they were suspended, then . . .”
Mr. Speaker 10:40 a.m.
Hon. Chairman, what do you say?
Nii Mante: Mr. Speaker, may I crave your indulgence for us to stand the hon. Minister's proposed amendment down. But in the same vein, may I also crave your indulgence to propose an amendment to clause 6.
Mr. Speaker 10:40 a.m.
Hon. Chairman, let us finish with clause 19.
Nii Mante: Mr. Speaker, I thought the hon. Minister said he was going to confer.
Mr. Speaker 10:40 a.m.
Maybe, it is advisable we stand it down.
Nii Mante: Mr. Speaker, let us stand it down whilst we move to clause 6 of the same Bill.
Clause 6 -- Display of licence.
Nii Mante: Mr. Speaker, I beg to move, clause 6, line 1, delete “licencee” and insert “licensee”.
Mr. Speaker, during the last Considera-
tion the spelling of “licensee” was changed from “s” to “c”. That was rather wrong. So it should remain as it was, as “licensee”.
rose
Mr. Speaker 10:40 a.m.
Exercise patience and let the hon. Chairman finish.
Nii Mante: Mr. Speaker, the word “licence” is a noun. Then the holder of the licence is the “licensee”, that is with “s”. I have all the authorities here.
Mr. Speaker 10:40 a.m.
Hon. Chairman of the Committee, what are you seeking to amend?
Nii Mante: Mr. Speaker, what I seek is that we retain the word as spelt in the Bill as of now, that is “licensee”.
Question put and amendment agreed to.
Clause 6 as amended ordered to stand part of the Bill.
Mr. Speaker 10:40 a.m.
We are now on clause
19.
Nii Mante: Mr. Speaker, they are still working out the rendition.
Mr. Speaker 10:40 a.m.
Should we stand it down?
Nii Mante: Yes, Mr. Speaker.
Mr. Speaker 10:40 a.m.
Yes, we will stand it down. We will come back to it again.
Item 9 -- National Information Techno logy Agency Bi l l a t the Consideration Stage.
BILLS -- CONSIDERATION 10:50 a.m.
STAGE 10:50 a.m.
  • [Resumption of Consideration from 5/11/08]
    • Mr. Armah 10:50 a.m.
    Mr. Speaker, I beg to move, clause 22, subclause (1), line 1, delete “fees charged by” and insert “the funds of”. So the new rendition would be:
    “The expenses of the Agency shall be paid from the funds of the Agency.”
    Mr. J. B. Aidoo 10:50 a.m.
    Mr. Speaker, could the hon. Chairman explain why it should be “funds” because we argued extensively on this matter and indicated that if we took clause 21 (b): “Moneys provided by Parliament”, we do not expect that such moneys should be used for other expenses. Certainly, if you look at even clause 20 (2), “Appointment of other staff”, which is to be decided in consultation with the Public Services Commission, obviously their emoluments and administration of the Agency, and services of the Agency would be paid from the Consolidated Fund; and we do not expect that Parliament, having recommended money for the Agency, if the money is unspent, a decision would have to be taken by the hon. Minister or some other authority for such moneys either to be returned or not to be returned.
    We argued on this extensively and we had the opinion that what the subclause the
    hon. Member is trying to add suggests that, he is talking about internally- generated funds (IgF), and we cannot have moneys provided by Parliament being part of IgF. So if it is about retention of money coming from IgF then, he should be clear on that so that such moneys can be used by the Agency and not what is coming from Parliament.
    The moment he uses “Funds”, it means all the provisions that have been made in clause 21 and in various paragraphs have been lumped together including moneys coming from Parliament and we are not comfortable with that. So he should explain to us why he is still retaining “funds” instead of fees, or maybe, using IgF as what should be the case.
    Mr. Armah 10:50 a.m.
    Mr. Speaker, I am finding the argument a little bit difficult to understand. We know that in normal administrative procedures, if funds are allocated to a Ministry or a department for example and at the end of the year these moneys are not exhausted, they are returned to the Consolidated Fund.
    So the fact that funds allocated by Parliament under clause 21 does not make it a permanent asset of a Ministry, department or agency (MDA) for that matter -- So what we are saying is that all of it put together constitute the funds of the Agency.
    Therefore, if at the end of the year all expenses are made and there is some surplus, it should go back to the Consolidated Fund for budgetary purposes and reallocation. But if their view is that the expenses should be done only from the fees, I do not have any strong opposition to that one.
    In that case we would retain the clause as it is without adding the “funds”, but
    it is the Committee's belief that the fees constitute part of the Funds of the Agency out of which expenses ought to be made. Then if at the end of the year there are some excess, it is taken back to the Consolidated Fund except the Minister in consultation with the Minister responsible for the Agency decides that a part of it be retained for the --
    Mr. Speaker 10:50 a.m.
    What is your stand? Are you abandoning the amendment?
    Mr. Armah 10:50 a.m.
    Mr. Speaker, I would like to hear a better argument against the Fund, otherwise we want to retain it.
    Mr. Aidooh 10:50 a.m.
    Mr. Speaker, the last time I argued against the amendment on the same lines as my hon. Colleague just did and I would advise the Chairman to abandon the amendment. Mr. Speaker, as he said, there is a long list of sources of income or funds for the Agency; one of them is IgF, another is moneys given by Parliament.
    Then this clause deals with the authority of the Minister to grant a portion of the unspent money after expenses have been paid by the Agency, that they can retain a certain portion and the argument is that the Minister cannot allow the Agency to keep state funds which is not spent; it is incredible.
    The only money that could be treated that way is IgF; and therefore we submit that after expenses have been paid from IgF a portion of the unspent sum of IgF could be allowed to be retained by the Agency, that is, if the Minister authorizes it, they can keep it.
    But to say the Minister can allow them to keep a portion of all funds including moneys given by Parliament is incredible and therefore we advise the Chairman to consult the Finance Minister.
    But if he has not done that Mr. Speaker, I suggest that either we stand it
    Mr. Armah 10:50 a.m.
    Mr. Speaker, I think
    we would abandon the amendment and maintain the original clause.
    Mr. Speaker 10:50 a.m.
    You are abandoning
    it? All right.
    We have come to the end of the
    Consideration Stage.
    Item 10 -- Motions -- Minister for Communications?
    Mr. Aidooh 10:50 a.m.
    Mr. Speaker, Motion number 8 was stood down.
    Mr. Speaker 10:50 a.m.
    Yes, if they have resolved it. Item 8 -- Bills --Consideration stage: Non-Bank Financial Institution Bill, clause 19 (f).
    Dr. Osei 10:50 a.m.
    Mr. Speaker, the essence of the amendment is to ensure that the suspension is not made permanent; so the rendition should be the following:
    “has been suspended from acting as director, trustee, manager or administrator for a period of 10 years or less.”
    Mr. Speaker, a similar thing should apply to subclause (e); we do not believe that disqualification should also be per- manent. So with your permission I want
    to ask for a Second Consideration on subclause (e).
    Mr. Speaker 10:50 a.m.
    It is the same clause; go ahead.
    Dr. Osei 10:50 a.m.
    Subclause (e):
    “has been disqualif ied from operating current accounts for a period of 10 years or less.”
    Question put and amendment agreed to.
    Clause 19 as amended ordered to stand part of the Bill.
    BILLS -- THIRD READING 10:50 a.m.
    Mr. Speaker 10:50 a.m.
    Item 10 -- Motions -- Minister for Communications?
    Mr. Aidooh 11 a.m.
    Mr. Speaker, can we have motion number 12?
    Mr. Speaker 11 a.m.
    Leadership, what is preventing us from dealing with motion numbers 10 and 11 quickly?
    Mr. Aidooh 11 a.m.
    Mr. Speaker, we want the
    Minister to be here.
    BILLS -- SECOND READING 11 a.m.
    R 11:10 a.m.
    Mr. J. B. D. Adu (NPP -- Akim Abuakwa North) 11:10 a.m.
    Mr. Speaker, I rise to second the motion on the floor of the House regarding the sale and purchase of 70 per cent issued and fully paid shares of Volta Aluminium Company Limited (VALCO) to International Aluminium Partners and in so doing, I would like to bring hon. Members, attention to the expected benefit that will accrue to this investment.
    Mr. Speaker, I will just summarise them in four or five parts. They are, the establishment of an integrated aluminium industry, the employment opportunities that this will create, the refurbishment of the Tema-Kumasi railway line, the revamping of the salt industry and other attendant opportunities thereof.
    Mr. Speaker, it is long overdue for this
    dream and vision to become a reality. I believe that all that the country has been looking for is to have an industrial base and the mining and smelting of our Bauxite into alumina and the attendant industry thereof will help achieve this aim.
    I support the motion.
    Question proposed
    Mr. E. T. Mensah (NDC -- Ningo/ Prampram) 11:10 a.m.
    Mr. Speaker, I also rise to support the motion that this House approves the establishment of the sale and purchase of 70 per cent of government shares.
    Mr. Speaker, just as my hon. Colleague said, this is long overdue. Some 47 years ago Dr. K. Nkrumah had an ultimate objective to establish VALCO which was the creation of an integrated aluminium industry. It has taken us this long because at that time it was not in the interest of Kaiser and Renus who together held 100 per cent shares, 90 per cent for Kaiser and 10 per cent for Renus because of the
    character of the politics and imperialism then.
    Kaiser was getting bauxite from Jamaica but at a very low cost and was trans-porting bauxite to Brazil, because power was very cheap there to convert it to alumina. Another cheap source of power was alumina in gust to be produced and exported out to other parts of the country. So they were quite comfortable and did not want to disturb their own arrangements, to come and deal with all the triangular points in ghana -- something which would not be in their interest. So it was not by accident that our vision was not realised.
    Mr. Speaker, by twist of fate, Kaiser became bankrupt and decided to offload their shares to the government of ghana. By another twist of events, in the name of south-south co-oporation, the Brazilians who were also losing because of that arrangement, teamed up with ghana to see the realisation of the dream and it is something we need to commend the Brazilians and the current President for coming on board in the spirit of south- south co-oporation to push through this project.
    Mr. Speaker, I can go on and on; the benefits that will accrue to the nation when this programme goes through is enormous and hon. J. B. D. Adu has mentioned them and they have all been listed out there and whatever is there will benefit all of us.
    Mr. Speaker, I urge all hon. Members to support the motion and approve the programme to take off appropriately.
    Minister for Energy (Mr. F. Owusu- Adjapong) 11:10 a.m.
    Mr. Speaker, page two of the report, tells us a bit about the two external companies that are coming to deal with us which are VALE and Norsk Hydro. Permit me to make an additional input about the quality of VALE. The VALE is not only the second largest mining company in the world but also the largest aluminium producing company in the
    world. When we talk about the Norsk, they are also the largest aluminium making company in Europe; so we are really dealing with the big guns.
    The other thing we may need to know is that even before we move forward the 1200 employees that were sent home when the organisation was closed, about 600 of them have already gained employment. I am told that about 600 of them have been brought back and that is also good for the country.
    I therefore urge hon. Members to give support to this before we are caught by what is happening in the aluminium market which may make our partners to change their minds which would be worse for us.
    Question put and motion agreed to.
    RESOLUTIONS 11:20 a.m.
    THIS HONOURABLE HOUSE 11:20 a.m.
    H E R E B Y R E S O LV E A S 11:20 a.m.
    Prof. Gyan-Baffour 11:20 a.m.
    Mr. Speaker, I rise to second the motion.
    Question put and motion agreed to.
    RESOLUTION 11:20 a.m.
    THIS HONOURABLE HOUSE 11:20 a.m.
    H E R E B Y R E S O LV E S A S 11:20 a.m.
    BILLS -- THIRD READING 11:20 a.m.
    Mr. Speaker 11:20 a.m.
    Motion 20?
    Mr. Kofi Frimpong 11:20 a.m.
    Mr. Speaker,
    motions 20, 22, 24, 26 and 28 are interrelated and as such they go together.
    Mr. Speaker 11:20 a.m.
    You can take them
    together for matters of convenience.
    International Marine Instruments
    Chairman of the Committee on Roads and Transport (Mr. Kofi Frimpong) 11:30 a.m.
    Mr. Speaker, I beg to move, that this House adopts the report of the Committee on Roads and Transport on the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter (London Convention 1972), the MARPOL 1973/78 Annex III - Regulations for the Prevention of Pollution by Harmful Substances Carried at Sea in Packaged Form, the MARPOL 1973/78 Annex IV -- Regulations for the
    Prevention of Pollution by Sewage from Ships, the MARPOL 1973/78 Annex V -- Regulations for the Prevention of Pollution by garbage from Ships and the MARPOL 1973/78 Annex VI - Regula- tions for the Prevention of Pollution of Air from Ships.

    Mr. Speaker, I beg to present the report of the Committee.

    1.0 Introduction

    1.1 The below-stated International Maritime Instruments were laid in Parliament on Tuesday, 28th of October 2008 by the Minister for Ports, Harbours and Railways, Prof. Christopher Ameyaw Akumfi in accordance with article 75 (2) of the 1992 Constitution:

    i . T h e 1 9 9 6 P r o t o c o l t o the Convention on the Prevention o f M a r i n e P o l l u t i o n b y Dumping of Wastes and Other Matters (London Convention

    1972);

    ii. International Convention for the Prevention of Pollution from Ships (MARPOL) 1973/78 Annex III -- Regulations for the Prevention of Pollution of Harmful Substances Carried by the Sea in Packaged Form;

    i i i . MARPOL 1973/78 Annex IV -- Regulat ions for the Prevention of Pollution by Sewage from Ships;

    iv. MARPOL 1973/78 Annex V -- Regulations for the Prevention of Po l lu t ion by garbage from Ships; and

    v. MARPOL 1973/78 Annex VI - Regulations for the Prevention of Air Pollution from Ships.

    1.2 Pursuant to Orders 185 and 189 of the Standing Orders of the House, the Rt. Hon. Speaker referred the above International Maritime Instruments to the Committees on Roads and Transport and Environment, Science and Technology for joint consideration and report.

    2.0 Deliberations

    2.1 The Committee held a day's meeting to consider the referral.

    2.2 The Committee benefited from further clarification on the referrals from the Director-general of the ghana Maritime Authority, Mr. I. P. Azumah and his officials.

    The Committees are grateful to the above-mentioned officials for their immense contributions to the Committee's deliberations.

    3.0 Reference Documents

    The Committee availed itself of the following documents in its deliberations:

    a. The 1992 Constitution of ghana; b. The ghana Maritime Authority Act

    ( Act 630);

    c. The United Nations Convention on the Law of the Sea; and

    d. The Standing Orders of the House.

    4.0 Background Information

    The 1996 Protocol to the London

    Convention seeks to control the dumping of wastes and other matters into the sea whilst International Convention for the Prevention of Pollution from Ships (MARPOL 1973/78) is the main international treaty dealing with the prevention of pollution by ships.

    The London Convention, 1972 specifically seeks to control the dumping of wastes and toxic chemicals and other matters into the sea.

    The 1972 London Convention adopted the black and grey approach for wastes that are to be dumped into the sea. The categorization of waste into black and grey was based on the extent of their toxicity. Wastes that are classified as black are strictly prohibited to be dumped into the sea. However, those under the grey list could be permitted upon acquisition of the necessary permit from an appropriate National Authority.

    The 1996 Protocol came into force on the 24th of March 2006 to replace the London Convention, 1972. 4.2 International Convention for the Prevention of Pollution from Ships (MARPOL 1973)

    MARPOL 73 was adopted at a diplomatic conference by the International Maritime Organization on November 2,

    1973.

    The Convention had five annexes as follows:

    (Annex I) -- Pollution of oil (Annex II) -- Chemicals (Annex III) -- Harmful

    substances in packaged form

    (Annex IV) -- Sewage, and
    Chairman of the Committee on Roads and Transport (Mr. Kofi Frimpong) 11:30 a.m.


    (Annex V) -- garbage. Annexes I and II are compulsory whilst

    Annexes III, IV and V are optional.

    In 1978, MARPOL 73 was amended by a Protocol. The 1978 Protocol incorporated additional provisions particularly relating to the carriage of oil. The combined Instrument is referred to as the 1973 International Convention for the Prevention of Marine Pollution from Ships. The 1973 Protocol, as modified by the 1978 Protocol, became known as MARPOL 1973/78 which entered into force for Annexes I and II on 2nd October 1983. Annexes III, IV and V have since come into force.

    The synthesis of MARPOL 1973/78 is the main International treaty dealing with the prevention of pollution of the Marine environment by ships from operational and accidental causes. In 1997, a Protocol was adopted to amend MARPOL 1973/78 with an addition of the sixth (VI) technical Annex which deals with the prevention of Air Pollution from ships. The Annex came into force on 19th May 2005.

    5.0 Provisions under the Referral

    The 1996 protocol adopted the precautionary approach to the dumping of wastes which is more stringent than the London Convention. The pre-cautionary approach stipulates that all dumping is

    prohibited unless explicitly permitted. The Protocol also prohibits the incineration of wastes at sea as well as exports of wastes to be dumped or incinerated at the sea.

    The Protocol also recognizes problems of compliance that are usually associated with such treaties and has provided that contracting parties have five years grace period to comply with the provisions.

    5.2 MARPOL 1973/78

    5.2.1 Annex III

    Annex III deals with the prevention of pollution of the marine environment by harmful substances carried in a packaged form. It also prevents the jettisoning of harmful substances carried in a packaged form except for the purpose of saving life or securing the safety of the ship. The Committee was informed that the implementation of Annex III was initially hampered by the lack of clear definition of harmful substances in packaged form.

    I t was however overcame by amendments to the International Maritime Dangerous good Code (IMDg CODE) to include marine pollutants. The amendment of IMDg came into being in 1991.

    Annex III was again amended in 1992 to make it clear that harmful substances are those substances which are identified as marine pollutants in the IMDg CODE. This was further amended in 1994 to introduce Port State Control on operational requirement and in year 2000, a clause relating to the tainting of seafood was deleted.

    5.2.3 Annex IV

    Annex IV prohibits ships from

    discharging raw sewage within four miles of the nearest land unless they have in operation an approved treatment plant. It also requires that sewage be comminuted and disinfected before discharge when ships are between four and twelve miles from shore.

    The joint Committee also noted that Annex IV which requires ports and terminals to provide facilities to receive sewage from ships was a major challenge to the Party countries. The issue was however addressed by revising the original provision of the Annex to mandate ships to be equipped with an approved sewage system such as treatment plant, a sewage comminuting and disinfecting system for the temporary storage of sewage and holding tank for the retention of all sewage.

    5.2.4 Annex V

    Annex V which entered into force on 31st December 1988, contains Regulations for the prevention of pollution by garbage from ships. garbage, as defined by these regulations, includes all kinds of virtual, domestic and operational wastes with the exception of fresh fish generated by ships during their normal operations which are continuously or periodically disposed of.

    The Annex V further prohibits the dumping into the sea of all kinds of plastics including synthetic ropes, synthetic fishing nets and plastic garbage bags.

    It also stipulates that the disposal into the sea of all other kinds of garbage is prohibited unless the ship is not less than

    12-15 nautical miles from the nearest land. 5.2.5 Annex VI

    Annex VI is a set of regulations for the prevention of air pollution from ships. It applies to ships of 400 gross tonnage and above, fixed platforms and drilling rigs. The Annex prohibits the deliberate emission of ozone depleting substances and sets units on sulphur oxide (SOx) and Nitrogen Oxide (NOx) emissions from ships' exhaust.

    6.0 Justification for Ratification of these Instruments

    6.1 There is currently no law in ghana regulating dumping of wastes into the sea despite the fact that ghana is party to the United Nations Convention on the law of the sea (UNCLOS), 1982 which came into force in 1994. Article 210 of UNCLOS legally binds State parties to adopt laws and regulations and to take other measures to prevent, reduce and control pollution by marine dumping.

    6.2 As a coastal state, ghana has maritime interest to protect and this can best be achieved in a clean marine environment. ghana also enjoys a lot of sea-borne trade, part of which involves harmful substances in packaged forms.

    6.3 Accession of MARPOL 1973/78 Annex III will therefore enable the country to take proactive measures to prevent harmful substances in packaged form from becoming a hazard to the marine environment. This will enable ghana to obtain maximum benefits from her maritime interest such as fishing, tourism and offshore mining.

    6.4 The joint Committee noted that the
    Chairman of the Committee on Roads and Transport (Mr. Kofi Frimpong) 11:30 a.m.


    seaports of Tema and Takoradi continue to receive large fleet of foreign ships. Therefore, without the accession and implementation MARPOL 1973/78 Annex IV, all these vessels will continue to discharge raw sewage indiscriminately into our coastal waters which will pose great danger to human life and a big threat to our fishing and tourism industries. Accession of Annex IV and its subsequent incorporation into our national laws will establish a legal regime by which such pollution can be prevented or controlled.

    6.5 Since MARPOL 1973/78 Annex V came into force globally, ghanaian ships engaged in international voyages are complying with this regulation whilst their foreign ships entering ghana's seaports are not controlled, because ghana has not ratified this Regulation. Therefore, substandard ships will continue to pollute ghanaian waters with garbage with impunity.

    Furthermore, ghana has a sizable domestic fleet comprising fishing vessels, small passenger vessels, cargo vessels and harbour craft which together produce a lot of garbage during their operations.

    With no law in place, those vessels will continue to discharge garbage indiscriminately into the sea. It is therefore envisaged that with the Accession of Annex V, appropriate national laws will be promulgated to forestall pollution of our marine environment by these vessels.

    6.6 The joint Committee again noted that ghana will not be able to control foreign ships in her ports if she does not accede to the Annex VI. It is therefore imperative that ghana becomes a party to the Annex so that she can exercise her jurisdiction of Port State Control on foreign ships berthing at our ports as is being done to ghanaian vessels berthing at other seaports.

    6.7 It was further observed that the country has sizable number of domestic fleet of ships whose emissions of Sulphur oxide, Nitrogen oxide and ozone -depleting substances need to be regulated. Ratifying this Protocol of 1997 (Annex VI) will enable appropriate national legislation to be put in place for effective control of these substances.

    7.0 Financial Implications with the Ratification of these International Instruments

    The financial implications associated with the ratification of the Instruments are indicated as follows:

    1. The cost associated with dumping activities at sea will be borne by those who engage in the disposal of pollutants.

    2. However, no cost was foreseen in the accession of Annex III of

    MARPOL 1973/78.

    3. The joint Committee was informed that there are financial implications in respect of Annexes IV and V. governments are expected to provide reception facilities at their ports and terminals for the sewage and garbage.

    4. Financial implication to Regulation 17 of Annex VI also requires that governments provide reception facilities for the following:

    a. Repair ports and ships breaking facilities for ozone depleting substances.

    b. Ports terminals and repair

    por t s fo r exhaus t gas cleaning residues.

    8.0 Observations

    The following observations were made

    during the Committee's deliberations:

    a. That ghana has never promulgated any law on Marine pollution since independence. The Committee was however informed that a Draft Bill on Marine Pollution has been prepared and is currently under review.

    b. That with the discovery of oil in the country, more ships are likely to traverse our marine waters. It is therefore important that the country puts in place necessary measures, including ratification of all relevant International Instruments that deal with the control of marine pollution as well as passage of domestic laws to satisfy the requirements of the Instruments.

    c. That article 36 (9) of the 1992 Constitution under the Directive Principles of Sate Policy imposes a duty on the nation to put in place appropriate measures that will protect and safeguard our national environment. Accession to the Protocol and enactment of a domestic legislation will therefore forestall the dumping of pollutants into our marine waters as a fulfilment of the provisions in the article.

    d. That the country has already ratified Annexes I and II which deal with pollution by oil and toxic chemicals in our marine waters.

    e That accession to these Inter- national Instruments will not only protect our marine environment, but will also go a long way to promote our tourism and fishing industries because our territorial waters and beaches will be free from pollutants.

    f. That as an interim measure, the ghana Maritime Authority has instituted state port inspection policy to inspect all ships that berth at our seaports for any wastes that are likely to be dumped in our marine waters.

    9.0 Recommendations

    Pursuant to the observations made above, the Committee recommends the following:

    i . That the House should, by resolution, ratify these International Instruments to fulfill ghana's obligation to the United Nations Convention on the Law of the Sea.

    ii. That the Minister responsible for Harbours and Railways should as matter a of urgency, facilitate the preparation of a domestic Bill on marine pollution for Cabinet approval and subsequent submission to Parliament for consideration and passage.

    The Committee believes that the enactment of a domestic law to control
    Chairman of the Committee on Roads and Transport (Mr. Kofi Frimpong) 11:30 a.m.


    pollution in our marine waters will work in tandem with these International Instruments which aimed at protecting the marine environment.

    10.0 Conclusion

    The joint Committee has thoroughly

    examined the provisions of these International Instruments and is convinced that accession to them will afford the country the opportunity to control marine pollution. It therefore recommends to this August House to unanimously ratify the Instruments to enable the country enjoy the benefits spelt out in them.

    Respectfully submitted.
    Mr. David Oppon-Kusi (NPP -- Ofoase/Ayirebi) 11:30 a.m.
    Mr. Speaker, I rise to second the motions.
    Question proposed.
    Mr. Kojo Armah (CPP -- Evalue Gwira) 11:30 a.m.
    Mr. Speaker, I rise to support the motion which has been moved.
    Mr. Speaker, ghana has a long coastal belt and we are guilty of sometimes indiscriminate discharge of pollutants into the sea. Those of us from the Western Region have suffered quite a lot and the discharge of toxic waste about a year or so ago into the Ivorian sea waters also affected us.
    We have all been talking about the green marine hyacinth that also invade our coastal belt from time to time and affect the fishing industry and marine life. It is important therefore that these Protocols are ratified so that our maritime people could deal effectively with the discharge of these toxic into the sea.
    Mr. Speaker, we also have to be very sensitive because with the discovery of the oil and the subsequent activities that will come, if we are not very serious about protecting our coastal marine life, a time will come when environmental impact will be such that it will affect the livelihood of the people living along the coastal belt.
    These Annexes have been in the books for a very long time but we as a country, even though we have acceded to them have not really ratified them to bring them into the mainstream of our statute books. It is important therefore that we ratify these things to strengthen the hands of the maritime authority to deal with the several ships that come in to our coastal jurisdiction to do legitimate business and also sometimes to discharge hazardous wastes into the sea.
    Mr. Speaker, it is important that these things are ratified and I support the motion and urge hon. Members to ratify it without much delay. Thank you, Mr. Speaker.
    Question put and motion agreed to.
    Mr. Speaker 11:30 a.m.
    Item 21 - Resolution?
    RESOLUTIONS 11:30 a.m.
    INTERNATIONAL MARINE 11:30 a.m.
    INSTRUMENTS 11:30 a.m.
    Mr. A. O. Aidooh (on behalf of Minister for Ports, Harbours and Railways) 11:30 a.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 75 of the Constitution any treaty, agreement, or convention executed by or under the Authority of the President in the name of ghana is made subject to ratification either by an Act of Parliament or by
    a resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament;
    IN ACCORDANCE with the said article 75 of the Constitution the President has caused to be laid before Parliament through the Minister responsible for Transportation the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention 1972) on 28th October 2008.
    NOW THEREFORE, this honour- able House hereby resolves to ratify the said 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention 1972).
    Mr. K. O. Frimpong 11:30 a.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    MARPOL 1973/78 Annex III
    Mr. A. O. Aidooh (on behalf of Minister for Ports, Harbours and Railways) 11:30 a.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 75 of the Constitution any treaty, agreement, or convention executed by or under the Authority of the President in the name of ghana is made subject to ratification either by an Act of Parliament or by a resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament; IN ACCORDANCE with the said article 75 of the Constitution the
    President has caused to be laid before Parliament through the Minister responsible for Transportation the MARPOL 1973/78 Annex III - Regulations for the Prevention of Pollution by Harmful Substances Carried at Sea in Packaged Form on 28th October 2008.
    NOW THEREFORE, this honoura- ble House hereby resolves to ratify the MARPOL 1973/78 Annex III - Regulations for the Prevention of Pollution by Harmful Substances Carried at Sea in Packaged Form on 28th October 2008.
    Mr. K. Frimpong 11:30 a.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    MARPOL 1973/78 Annex IV
    Mr. A. O. Aidooh (on behalf of Minister for Ports, Harbours and Railways) 11:30 a.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 75 of the Constitution any treaty, agreement, or convention executed by or under the Authority of the President in the name of ghana is made subject to ratification either by an Act of Parliament or by a resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament; IN ACCORDANCE with the said article 75 of the Constitution the President has caused to be laid before Parliament through the Minister
    Mr. A. O. Aidooh (on behalf of Minister for Ports, Harbours and Railways) 11:30 a.m.


    responsible for Transportation the MARPOL 1973/78 Annex IV - Regulations for the Prevention of Pollution by Sewage from Ships on 28th October 2008.

    NOW THEREFORE, this honoura- ble House hereby resolves to ratify the MARPOL 1973/78 Annex IV - Regulations for the Prevention of Pollution by Sewage from Ships.
    Mr. K. O. Frimpong 11:30 a.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    MARPOL 1973/78 Annex V
    Mr. A. O. Aidooh (on behalf of Minister for Ports, Harbours and Railways 11:30 a.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 75 of the Constitution any treaty, agreement, or convention executed by or under the Authority of the President in the name of ghana is made subject to ratification either by an Act of Parliament or by a resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament;
    IN ACCORDANCE with the said article 75 of the Constitution the President has caused to be laid before Parliament through the Minister responsible for Trans- portation the MARPOL 1973/78 Annex V - Regulations for the
    Prevention of Pollution by garbage from Ships on 28th October 2008.
    NOW THEREFORE, this honoura- ble House hereby resolves to ratify the MARPOL 1973/78 Annex V - Regulations for the Prevention of Pollution by garbage from Ships.
    Mr. K. O. Frimpong 11:30 a.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    MARPOL 1973/78 Annex VI
    Mr. A. O. Aidooh (on behalf of
    Minister for Ports, Harbours and Railways) 11:30 a.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 75 of the Constitution any treaty, agreement, or convention executed by or under the Authority of the President in the name of ghana is made subject to ratification either by an Act of Parliament or by a resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament;
    IN ACCORDANCE with the said article 75 of the Constitution the President has caused to be laid before Parliament through the Minister responsible for Transportation the MARPOL 1973/78 Annex VI - Regulations for the Prevention of Pollution of Air from Ships on 28th October 2008. NOW THEREFORE, this honoura- ble House hereby resolves to ratify the MARPOL 1973/78 Annex VI - Regulations for the Prevention of Pollution of Air from Ships.
    Nii Mante: Mr. Speaker, I rise to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Aidooh 11:40 a.m.
    Mr. Speaker, may we take
    a bit of item 30 on page 11.
    BILLS -- CONSIDERATION 11:40 a.m.
    STAGE 11:40 a.m.
    Mr. Kojo Armah 11:40 a.m.
    Mr. Speaker, I beg
    to move, clause 1 Headnote, delete “and scope”. So it will simply read: “Object of the Act”.
    Question put and amendment agreed to.
    Clause 1 as amended ordered to stand part of the Bill.
    Clauses 2 to 7 as amended ordered to stand part of the Bill.
    Clause 8 -- Retention of electronic records.
    Mr. Armah 11:40 a.m.
    Mr. Speaker, I beg
    to move, clause 8, subclause (1), at beginning, delete “If” and insert “Where”.
    Question put and amendment agreed to.
    Clause 8 as amended ordered to stand part of the Bill.
    Clauses 9 to 17 ordered to stand part of the Bill.
    Clause 18 -- Despatch of electronic record.
    Mr. Armah 11:40 a.m.
    Mr. Speaker, I crave your
    indulgence to stand that one down and come back to it later.
    Mr. Speaker 11:40 a.m.
    What is the problem?
    Mr. Armah 11:40 a.m.
    Mr. Speaker, clause 18
    as we have it here does not tally with the clause 18 on the Order Paper.
    Mr. Speaker 11:40 a.m.
    You want us to stand
    it down?
    Mr. Armah 11:40 a.m.
    That is so, Mr. Speaker.
    We should stand it down for now.
    Mr. Speaker 11:40 a.m.
    All right, the clause is
    stood down.
    Clause 19 ordered to stand part of the Bill.
    Clause 20 -- Expression of intent or other statement.
    Mr. Armah 11:40 a.m.
    Mr. Speaker, I beg to
    move, clause 20, line 4, delete “by” and insert “in”.
    Question put and amendment agreed to.
    Clause 20 as amended ordered to stand part of the Bill.
    Clauses 21 and 22 ordered to stand part of the Bill.
    Clause 23 -- Variation by agreement between parties.
    Mr. Armah 11:40 a.m.
    Mr. Speaker, I beg to move, clause 23, delete and insert
    Mr. Armah 11:40 a.m.


    “An agreement shall be valid even if it was concluded partly or in whole through an electronic medium.”

    Mr. Speaker, we are not deleting, we are inserting a new subclause 1.

    Question put and amendment agreed to.
    Mr. Speaker 11:40 a.m.
    Chairman of the
    Committee, item (vi)?
    Mr. Armah 11:40 a.m.
    Further amendment to
    clause 23. Mr. Speaker, I beg to move, clause 23 delete and insert
    “Section 5 to 23 only applies if the parties involved in generating, sending, receiving, storing or otherwise processing electronic records have not agreed on the issues provided for by these sections.”
    Mr. Kyei-Mensah-Bonsu 11:40 a.m.
    Mr.
    Speaker, I think the only thing that, we are deleting really is the number “24” and in its place inserting “23”. Why do we have to delete the entire clause? I do not know the purpose that it will achieve. It is the same thing except the deletion and insertion of the numbers 24 for 23.
    But having said that, Mr. Speaker, I think it should appropriately read “sections 5 to 23 only apply” instead of “applies” and we add “s” to the word “section”.
    Mr. Armah 11:40 a.m.
    Mr. Speaker, I have no
    objection to that.
    Mr. Speaker 11:40 a.m.
    So which is your stand,
    please?
    Mr. Armah 11:40 a.m.
    Mr. Speaker, I am saying
    that the numbering as it appears in the amendment is all right but the grammar as the Deputy Majority Leader has put it - we may leave that to the drafters. Sometimes they argue that when the numbering is in block, it is singular.
    Mr. Speaker 11:40 a.m.
    So what should we have? “Sections 5 to 13 only apply”?
    Mr. Armah 11:50 a.m.
    That is so, Mr. Speaker.
    Question put and amendment agreed to.
    Clause 23 as amended ordered to stand part of the Bill.
    Clauses 24 to 29 ordered to stand part of the Bill.

    Clause 30 - Certifying Agency.
    Mr. Armah 11:50 a.m.
    Mr. Speaker, I beg to
    move, clause 30, subclause (1), line 3, delete “perform the functions” and insert “facilitate the establishment”.
    Mr. Speaker, the new rendition would read 11:50 a.m.
    “The Na t iona l In fo rmat ion Technology Agency established in the National Information Tech- nology Agency Act, 2008 shall facilitate the establishment of the Certifying Agency under this Act.”
    Question put and amendment agreed to.
    Clause 30 as amended ordered to stand part of the Bill.
    Clauses 31 to 33 ordered to stand part of the Bill.
    Clause 34 - Recognition of foreign certifying authorities.
    Mr. Armah 11:50 a.m.
    Mr. Speaker, I beg to
    move, that clause 34, subclause (3), line 2, delete “entity” and insert “certifying agency”.
    Mr. Speaker, the new rendition would read as follows 11:50 a.m.
    “The Agency may revoke the recognition if it is satisfied that a foreign certifying agency has contravened any of the conditions and restrictions subject to which it was granted recognition by notification in the Gazette.”
    Question put and amendment agreed to.
    Clause 34 as amended ordered to stand part of the Bill.
    Mr. E. T. Mensah 11:50 a.m.
    Mr. Speaker,
    Mr. Speaker 11:50 a.m.
    Hon. Member, we
    would come to that but let us go on.
    Mr. E. T. Mensah 11:50 a.m.
    Mr. Speaker, I
    Mr. Speaker 11:50 a.m.
    You have consulted him but that is subject to my approval, so let us go on.
    Mr. J. B. Aidoo 11:50 a.m.
    Mr. Speaker, this is not an amendment. I just want to draw the attention of the House to clause 34, the amendment which we just dealt with which states “certifying agency”. I believe it has to be in initial upper case. [Interruption.]
    We have to be consistent so they should be in upper case. Mr. Speaker, I am just drawing the attention of the House to it.
    Mr. Speaker 11:50 a.m.
    Chairman of the Committee, what do you say to that?
    Mr. Armah 11:50 a.m.
    Mr. Speaker, in this
    case, our national agency is giving the recognition to a foreign entity recognised as another certifying agency that would perform the functions on its behalf. So I think the words, as we have it in the smaller case, is in the right direction.
    Clauses 35 to 42 ordered to stand part of the Bill.
    Mr. Speaker 11:50 a.m.
    Majority Leader, what
    were you saying? I understand both of you have agreed on something.
    Mr. A. O. Aidooh 11:50 a.m.
    Yes, Mr. Speaker.
    Mr. Speaker, hon. Members have indicated their desire to appeal to you to adjourn proceedings so that they can proceed to their constituencies, and others also to Agogo for the funeral.
    Mr. Speaker, so the obvious mood is that we should adjourn proceedings and reconvene on Monday morning at ten o'clock.
    Mr. Speaker, I beg to move.
    Mr. E. T. Mensah 11:50 a.m.
    Mr. Speaker, I beg
    to second the motion.
    ADJOURNMENT 11:50 a.m.