Debates of 24 Jun 2009

MADAM SPEAKER
PRAYERS 10:55 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:55 a.m.
Madam Speaker 10:55 a.m.
Hon Members, we
Mr. B. K. Ayeh 10:55 a.m.
Madam Speaker, I
was present yesterday but my name has been put on the absentees' list.
Madam Speaker 10:55 a.m.
Pages 7, 8 . . . 14
Mr. J. B. Aidoo 10:55 a.m.
Madam Speaker,
the continuation of the list from page 13, (xvi), the first name sounds a bit strange and so if the Hansard Office could check the actual name.
Mr. Justice J. Appiah 10:55 a.m.
Madam
Speaker, page 14 (v), “Mr. Joe Justice Appiah”, the name is “Justice Joe Appiah”.
Madam Speaker 11:05 a.m.
Any more on pages 14, 15 -- [Pause.] The Votes and Proceedings of Tuesday, 23rd June, 2009, as corrected be adopted as the true record of proceedings.

We move on to the Official Report of Tuesday, 23rd June, 2009.
Dr. A. A. Osei 11:05 a.m.
Madam Speaker, column 880, the response by the Hon Minister, I believe he said “we can affirm”. He did not say “we cannot affirm”. It has been reported as “we cannot affirm”.
Madam Speaker 11:05 a.m.
Hon Members,
Official Report of Tuesday, 23rd June, 2009, as corrected, represents the true record of proceedings.
Item 3 - Questions -- [Pause.] We have one hour for Questions, Hon Members. May I call on the Hon Shirley Ayorkor Botchway to ask her Question? Hon Minister for Communications - [Interruptions.]
Mr. A. S. K. Bagbin 11:05 a.m.
Madam Speaker,
I just want to request humbly that you permit, with the indulgence of my Hon Colleagues, especially the Hon Member asking the Question, the Deputy Minister for Communications to do so for and on behalf of the Minister for Communi- cations. The Minister for Communi- cations had to attend a conference in Singapore and he is not yet back. That is why the Hon Deputy Minister is fully briefed and is prepared to answer the Question. The Hon Minister would be back on Thursday.
ORAL ANSWERS TO QUESTIONS 11:05 a.m.
MINISTRY OF COMMUNICATIONS 11:05 a.m.
Madam Speaker 11:05 a.m.
Hon Deputy
Minister, can you answer the Question?
Deputy Minister for Communications (Mr. Gideon Quarcoo): Madam Speaker, in the deployment of communications i n f r a s t ruc tu re , t he Min i s t ry o f Communications has been particularly concerned with the multiplicity of communication masts erected by the service providers.
The policy regarding the siting of communication masts is encapsulated in the various communication enactments promulgated by Parliament. These enactments are the Electronic Communi- cations Act, 2008, Act 775 and the National Communications Regulations,
2003, L.I. 1719.
The siting of communications masts in residential areas is spelt out in section 57 of the Electronic Communications Act (ECA), 2008 and also, section 98 of the L.I. 1719 of the National Communications Regulations, 2003.
Section 57 of the ECA, 2008 requires permission and payment of appropriate compensation to landowners. Where there are disputes, the National Communications Authority is required to step in to assist dispute resolution.
Section 98 of the L.I. 1719 also requires any person intending to construct a mast or tower to get clearance from Ghana Civil Aviation Authority, obtain permits and certificates from the Environmental Protection Agency (EPA) and town and district planning committees and where feasible, allow co-location.
Ms. Botchway 11:05 a.m.
Madam Speaker,
in the Hon Deputy Minister's response, he has said that the Ministry has been particularly concerned with the multiplicity of communication masts erected by service providers. May I find out from him whether they have only plans to get service providers to share masts instead of each individual service provider just littering our communities with communication masts all over?
Mr. Quarcoo 11:05 a.m.
Madam Speaker, the Electronic Communications Act, section 20, deals with multi-connection and gives guidelines for inter-connection including co-location.
In addition, the operators themselves have initiated technical co-location arrangements among themselves and we shall continue to monitor them to pursue such arrangements.
Ms. Botchway 11:05 a.m.
Madam Speaker, I do not think that the Hon Deputy Minister answered my question. The question is, since he has stated here that he is concerned about the multiplicity of communication masts erected by service providers, what is he doing about making sure that instead of having individual service providers erect their masts, they are brought together to share masts -- [Interruptions.]
Madam Speaker 11:15 a.m.
Hon Member, I
think he has answered that question, ask your second question.
Ms. Botchway 11:15 a.m.
Madam Speaker, he
talked about the law, he did not talk about the practicality of it and what they are doing as a Ministry to ensure that service providers do what he just said or what is in the law.
Madam Speaker 11:15 a.m.
I thought I heard
him say that there is already an agreement among service providers about sharing and I take it as an answer, except you can ask another question to clarify it.
Ms. Botchway 11:15 a.m.
Madam Speaker, I
want to find out from the Deputy Minister, to what extent they are complying with this and what the Ministry is also doing to ensure that this is done.
Mr. Quarcoo 11:15 a.m.
Madam Speaker, the
Ministry is monitoring this development. Yes, I did say that there is multiplicity of these masts being erected, but the service providers themselves are working among themselves. There is one particular service provider that has already entered into forty such arrangements at co-location and we take that as serious interest in following through with the dictates of section 22. And we will be monitoring this. Perhaps, some public education will also help.
Ms. Botchway 11:15 a.m.
Madam Speaker, the
Hon Deputy Minister has just talked about public education, what is he doing about public education?
I believe that residents in the communities or the neighbourhood must be sensitised about these communication masts, whether indeed, there are any health issues that they should be worried about, because that is the general perception that these masts give out some kind of radiation, which is harmful to human beings and people are very worried about it. I have had several petitions as a Member of Parliament, what is he doing about it?
Mr. Quarcoo 11:15 a.m.
Madam Speaker, the
Ministry is still working on how to effect public education on this matter. We would all agree that the erection of these masts has been going on for several years and so this has been a crippling problem. And now, under our watch, we will take steps to effect some public education on it.
Mrs. Akosua Frema Osei-Opare 11:15 a.m.
Madam Speaker, the Deputy Minister failed to address the potential health hazard. I have sent a letter to his Ministry just about three weeks ago, with a complaint from one of my constituents of a mask that has been erected. I want the Deputy Minister to address this House on the health hazards of erecting masts within residential buildings and what the rights of residents in this matter are. And I am not talking about the land where the masts have been erected, I am talking about residents in the neighbourhood.
Madam Speaker 11:15 a.m.
Hon Member, let us
have your question again.
Mrs. Osei-Opare 11:15 a.m.
Madam Speaker,
the question is, what are the health hazards of erecting masts within residential areas and what are the rights of residents in complaining about such erection? [Interruptions.] Madam Speaker, I am not perturbed by the comments and the harassment. My question is about the health hazards of erecting masts within residential areas and the rights of residents. Madam Speaker, I have sent a letter three weeks ago to the Ministry on this issue.
Mr. Bagbin 11:15 a.m.
Madam Speaker, in
considering whether to allow this question or not, I refer to Standing Order 67(1)(g), which reads and with your permission, I quote:
“67 (1) Questions must comply with the following conditions --
(g) a Question shall not refer to more than one subject and shall not be of excessive length.”
The question is talking about “health hazards” and the “rights” of the people resident in the area. It is talking about “health hazards” and the “rights” and the length is excessive. She also added “consultation”.
So Madam Speaker, I believe that this
Mr. Osei Kyei-Mensah-Bonsu 11:15 a.m.
Madam Speaker, the provision that my Hon Colleague refers to, refers to a subject matter. In this particular case, the subject matter is communication masts and he should understand that.
Madam Speaker 11:15 a.m.
Hon Kyei-Mensah-
Bonsu, can you help me with the part which says “shall not ask more than one question”? I think I saw it in the Standing Orders.
Mr. Kyei-Mensah-Bonsu 11:15 a.m.
Madam
Speaker, it is Order 67(1)(g).
Madam Speaker 11:15 a.m.
No, that only one
question should be asked by -- if you do not see it, it is all right.
Mr. Kyei-Mensah-Bonsu 11:15 a.m.
Madam
Speaker, indeed, regarding supplementary questions, they are covered by Order 69.
Madam Speaker 11:15 a.m.
In any case, Hon
Member, can you ask one question at a time? I think these are two questions: what are the rights, that is one question, and then the other question is the injurious nature of the masts.
Mrs Osei-Opare 11:15 a.m.
Madam Speaker, the
Mr. E. T. Mensah 11:25 a.m.
Madam Speaker, I
want to reiterate that the question offends Order 67(g). Madam Speaker, the main Question is about policy of siting of communication masts in residential areas. Now, she has taken us into another length. Subclause (g) says:
“a Question shall not refer to more than one subject and shall not be of excessive length.”
The subject matter is the siting of communication masts. You are talking about health hazards and you are talking about people's rights, this should be disregarded, it is wrong. In any case, Madam Speaker, under whose watch were these masts erected? Under whose watch? Three months ago, or six months ago, under whose watch?
Several Hon Members - rose -
Madam Speaker 11:25 a.m.
Yes, Hon Hackman?
Mr. Hackman Owusu-Agyemang 11:25 a.m.
Madam Speaker, I believe that for starters, the Question has been poorly answered and that is why there are all these difficulties. The lady is asking because if -- all they have cited have been several Acts, and Acts, and Acts -- so if we do not have, you are not seized with the details, you do not know. People believe that there are health hazards coming as a result of these masts, just like the overhead electrical lights.
So the question is, what are the health implications of the siting of these - and I think it is a very legitimate question because the Deputy Minister has taken refuge in the re-siting of the various Acts and airlines and what have you and it is absolutely not clear. It is one of the poorest answered Questions that I have come across here and that is why we are

Madam Speaker, I have not finished.

Madam Speaker, I think that the Majority Leader is always - I know they call him chief coach. If you are a coach, and you are on the sidelines, you do not go to the field to advise. Let the Deputy Minister answer, he can answer it. What are the health hazards associated with these masts as they are erected? It is a straightforward question that has been asked. If he does not know, he can go and do the research and come back properly. The doctors can tell him.

I believe there are health hazards as far as these masts are concerned; I think the Deputy Minister can answer it.
rose
Madam Speaker 11:25 a.m.
Hon Members --
Yes, last word from the Leader?
Mr. Bagbin 11:25 a.m.
Madam Speaker, I am
surprised my Colleague, Hon Hackman Owusu-Agyemang, who was a senior Cabinet Minister is saying that this question, the main Question, has been poorly answered. I am sorry, because the main Question simply solicited the policy. Listen - the Question reads:
“ To a s k t h e M i n i s t e r f o r communications what the Ministry's policy is on the siting of communication masts in residential areas.”
It is based on the policy on siting, and that was exactly what the Ministry
Mr. Bagbin 11:25 a.m.


dealt with. The Deputy Minister referred to the laws and stated the policy. The supplementary questions have been asked and he stated that “health hazards” are a different thing altogether, and that will mean that the Deputy Minister will need notice to go and do that kind of research and come and tell him the health hazards. But he cannot now use that as a supple- mentary question.
Madam Speaker 11:25 a.m.
Yes, I will rule on
this matter now.
Mr. Owusu-Agyemang 11:25 a.m.
Madam
Madam Speaker 11:25 a.m.
I will rule on this
matter, Hon Hackman.
Several Hon Members - rose -
Madam Speaker 11:25 a.m.
I will rule on this
matter. Standing Order 62(1):
“Questions may be asked of Ministers relating to public affairs with which they are officially connected, . . . ”

Hon Deputy Minister, he has asked

you a question, I think you heard it? Can you help us?
Mr. Quarcoo 11:25 a.m.
Madam Speaker --
Madam Speaker 11:25 a.m.
Can you, or you
need notice? Help us if you can.
Mr. Quarcoo 11:25 a.m.
Madam Speaker, it is
understandable that there would be public curiosity about the health implications of these masts. Generally, the masts radiate
energy that is known as non-ionizing which generally does not have health implications.
But there is still a collaboration between the National Communications Authority (NPA) and the atomic energy professionals to determine whether the masts that we have emit some kind of radiation that has health implications on us and we would require some notice and collaborate with those people to find out when they finish their studies to come and educate you further on the matter.
Several Hon Members - rose --
Mr. F. Twumasi-Appiah 11:25 a.m.
Thank you
very much, Madam Speaker. Madam Speaker -- [Pause] - Will the Deputy Minister tell this House - [Inter-ruptions.]
Madam Speaker 11:25 a.m.
Hon Botchway,
Mrs. Osei-Opare 11:25 a.m.
Madam Speaker -- [Interruption.]
Madam Speaker 11:25 a.m.
Yes, but you asked your question and you had an answer. You are entitled to only one question at a time. [Laughter.]
Mrs. Osei-Opare 11:25 a.m.
Madam Speaker, I appreciate that I have one question.
Madam Speaker 11:25 a.m.
Yes, at a time.
Mrs. Osei-Opare 11:25 a.m.
I asked a question but the Minister said something that requires my input -- [Interruptions] -- In the sense that, he said, he is doing some collaboration with some agencies. What I need to know is whether there is no literature available as at now on the health implications of masts that are erected in residential areas. I believe that there is some knowledge presently which you can
Madam Speaker 11:25 a.m.
Hon Member, I will take that as information to the Deputy Minister and then move on to the next questioner.
Mr. Twumasi-Appiah 11:25 a.m.
Madam Speaker, would the Minister tell this House whether there was any such policy in the past and to what extent they were - the siting of the masts-- [Interruptions] - practically enforced --
Madam Speaker 11:25 a.m.
Hon Twumasi- Appiah, I did not hear your question properly. Please speak into the -
Mr. Twumasi-Appiah 11:25 a.m.
Madam Speaker, my question is, would the Minister tell this House whether there was any such policy and if there was, to what extent was it practically enforced.
Madam Speaker 11:25 a.m.
What such policy?
Mr. Twumasi-Appiah 11:25 a.m.
Madam Speaker, we are talking about the Ministry's policy on siting of communication masts at residential areas. And I am asking the Deputy Minister, specifically, whether there were any such policies in the past and if there were,to what extent they were practically enforced.
Madam Speaker 11:25 a.m.
Hon Minister, can you answer the question? Perhaps, if you understood it, can you answer it?
Mr. Quarcoo 11:35 a.m.
Madam Speaker, we are talking about something which we are experiencing and learning from as we move along. We probably all would agree that we have been on this road for quite a few years of bringing telephony and its benefits to this country. We have been erecting these masts over some time. I am personally not aware of any study that had been concluded or started sometime

before this Government.

What I know are the laws that have been put in place and the policies that have emanated from those. Now, it is our turn to add to the body of knowledge that is developing about the effects of this technology. And what I am submitting to this august House is that the National Communications Authority (NCA) and the atomic energy professionals are collaborating to give us a clearer understanding of what the health implications are of this technology and we will be sure that when this information is available, we will let the august House know.
Mr. Joe Ghartey 11:35 a.m.
Madam Speaker, will the Hon Minister agree with me that since the collaboration between the two agencies is now taking place, it will be in the best interest of Ghanaians to halt the siting of masts in residential areas until we get the results?
Madam Speaker 11:35 a.m.
I think it is a
question of opinion. You are seeking his opinion, is that not it?
Mr. Ghartey 11:35 a.m.
Madam Speaker,
the Hon Minister has told us that two bodies are collaborating and when they get the information, he will bring it to Parliament. The question that was asked him previously was - [Interruptions] - I am asking whether the Hon Minister will agree with me that the policy should be that until the health hazard is determined, there should be a hold on the siting of masts in residential areas because of the possibility of the health hazard he has referred to.
Mr. E. T. Mensah 11:35 a.m.
Thank you, Madam Speaker - [Uproar.] - I have been called.
Madam Speaker called me --
Madam Speaker 11:35 a.m.
Hon Members, he is entitled to raise an objection. Let me hear him.
Mr. E. T. Mensah 11:35 a.m.
Thank you, Madam Speaker.
Madam Speaker, the question offends Standing Order number 67 (e) and with your permission, I beg to quote:
“a Question shall not solicit the expression of an opinion or the solution of an abstract legal case or a hypothetical proposition;”
The Hon Member's question was pregnant with all these negatives and so, it should be disregarded, Madam Speaker.
Mr. Ghartey 11:35 a.m.
Madam Speaker, with respect, I have looked at Standing Order 67 (e), and reads as following:
“a Question shall not solicit the expression of an opinion . . . ”
Madam Speaker, this is not an opinion. I am asking about a policy. It continues --
“ . . . of an abstract legal case or a hypothetical proposition;”
Madam Speaker, this is not hypo- thetical. The Hon Deputy Minister himself has said in a previous answer - [Inter- ruptions] - and I would be grateful if my Hon Friend, Mr. Yieleh Chireh will stop interrupting - that there is collaboration between the NCA and the Ghana Atomic Energy Commission to find out whether there are health hazards. Can a policy be introduced by the Ministry stopping the siting of residential masts pending the results of the study? - [An Hon Member: It is an opinion.] - It is not an opinion?
Mr. Bagbin 11:35 a.m.
Madam Speaker, he knows very well that this call that he is asking the Hon Deputy Minister to agree to is taking a decision without any basis. You must have a base for stopping. They are still investigating; nothing has come out yet and he is asking the Ministry to stop. Take a decision before hand by stopping. That is taking a decision. They are still investigating.
When they investigate and there is evidence, even if it is prima facie evidence then one can take an interlocutory action. That has not yet been done and he is saying that they should take a decision. So, Madam Speaker, I think that it should be overruled.
Madam Speaker 11:35 a.m.
Hon Member for Esikadu-Ketan, the question “can it be?” is seeking an opinion. If you had used some other word, which I am not going to prod you about -- But “can it be” is seeking an opinion -- [Interruptions.]
Well, if the Hon Deputy Minister can answer it, let us hear from him.
Mr. Ghartey 11:35 a.m.
Will it be stopped until the findings are out?
Madam Speaker 11:35 a.m.
Hon Deputy Minister, he asks, “would it be stopped?” You heard the question. He asks, “would the operators be stopped from putting up masts”. Do you know? [Interruptions.]
Hon Deputy Minister, if you do not know, you do not have to - I am not ordering you to answer the question. I am just asking whether you can answer this question, not that you should answer it.
Mr. Quarcoo 11:35 a.m.
Madam Speaker, the
idea that I can say something here that will bind us from a policy perspective is not tenable. With all due respect, the
question implies that if I said yes, it can be stopped, then the logical outcome is to dismantle all the present masts because it will follow from that. So, I cannot agree that we should stop it. I think that perhaps, a position that might be more supported will be to accelerate the collaboration and the study that is going on and get this information to the august House as soon as possible.
Dr A. A. Osei 11:35 a.m.
Madam Speaker, in answering the Question, the Hon Minister said and I quote:
“Section 98 of the L.I. 1719 also requires any person intending to construct a mast or tower to get clearance from the Ghana Civil Aviation Authority, obtain permits and certificates from EPA . . .”
Will the Hon Deputy Minister confirm whether or not, in the granting of the certificate, the EPA looks as one of the conditions, the health hazard or not? Can the Hon Deputy Minister confirm that, presumably, the EPA has to look at environmental and health hazards? Can the Hon Minister tell this House whether in the granting of the certificate such considerations are taken into account or not?
Madam Speaker 11:35 a.m.
Hon Member, you mean, in granting the certificate to put up -
Dr Osei 11:35 a.m.
He said they “obtain permits and certificates from EPA”, so I am asking the Hon Deputy Minister whether or not the EPA takes the health hazard as one of the conditions -
Madam Speaker 11:35 a.m.
But would he know? Is he working with the EPA?
Dr. Osei 11:35 a.m.
He said it in his Answer. And I am asking whether he can confirm to this House whether he knows that or not. Can he?
Madam Speaker 11:35 a.m.
But Hon Member,
Mr. Ambrose P. Dery 11:45 a.m.
Madam Speaker, the Hon Deputy Minister, in giving the Answer on behalf of the Hon Minister, states in the last paragraph “… obtain permits and certificates from EPA …” which is Environmental Protection Agency. Madam Speaker, that is a requirement of L. I. 1719. Order 69 states, and with your permission I want to quote:
“(1) As soon as a Question is answered in the House any Member beg inn ing wi th the Member who asked the Question may, without notice, ask a supplementary Question for the further elucidation of any matter of fact regarding which the answer has been given…”

So the Answer has been given that, certificate and permit from EPA are obtained. So all that the Hon Member is asking is that, can he, being the Hon Deputy Minister -- and the Question is very, very liberal -- Can he confirm or not, if health hazard is a consideration. That is all. He can say he knows or he does not know.

But Madam Speaker, the point I am making is that, the question is within the Standing Orders, because it emanates from his question. So it is left to him to tell us if he can confirm or not. If it is within his purview, he does not know, but he has stated it. [Interruptions.] Madam Speaker, the Legislative Instrument (L.I.) that we are talking about is the National Communications Regulations,

so it is under that Ministry. All he has to do now -- that it is a valid question emanating from the Answer he has given and pursuant to Order 69, is valid, he should now tell us if he can confirm or not.
Madam Speaker 11:45 a.m.
The question has changed now. If the question is really, if he can confirm what they do at EPA or not, that is another matter. But I do not think that -
Dr. Osei 11:45 a.m.
Madam Speaker, that is the question I asked; it has not changed.
Madam Speaker 11:45 a.m.
All right. Well, Hon Deputy Minister, can you confirm or deny? Do you know what happens -
Mr. Quarcoo 11:45 a.m.
Madam Speaker, the question -- [Interruptions.]
Madam Speaker 11:45 a.m.
Let us hear the
Leader of the House.
Mr. Bagbin 11:45 a.m.
My Colleague, the Hon Deputy Minority Leader did not look at the focus of the Answer. That paragraph that he referred to, is talking about the law making it obligatory for somebody putting up a company, constructing a mast to obtain these permits.
So if the question is, “Can the Hon Deputy Minister assure this House that, or can the Hon Deputy Minister say whether they do obtain these permits before constructing the mast . . .” - [Interruptions.] The Answer, I am going to read it; it says and Madam Speaker, with your permission I quote:
“Section 98 of the L.I. 1719 also requires any person intending to construct a mast or tower to get clearance from Ghana Civil Aviation Authority, obtain permits and certificates from EPA and Town and District Planning Committees and where feasible allow co-location”.
So this law is making it obligatory for them to obtain them. So if you ask whether those things have been obtained, then he can answer. But you are going to health - [Interruptions.] That is not the Answer, [Interruptions] because you do not understand. [Interruptions] Listen.
Madam Speaker, clearly, I am raising this because my Hon Colleagues are aware that EPA is not under the Ministry of Communications. Ministry of Communi- cations is supervising the communication industry. EPA -- health matters, they are under different sectors. It is not for the Hon Deputy Minister to talk about health, about EPA, that is under a different Ministry. But if he is talking about the fact that they must be obtained, those permits must be obtained, that he can refer to before they also allow them to install them. That is a different thing altogether.
Madam Speaker 11:45 a.m.
Go back to the question; please ask your question again -- your initial question which brought all -
Dr. Osei 11:45 a.m.
I defer to my Leaders.
Madam Speaker 11:45 a.m.
Pardon?
Dr. Osei 11:45 a.m.
I want to defer to my Hon Leaders on this matter.
Mr. Dery 11:45 a.m.
Madam Speaker, I want to put this with your permission, in proper perspective. The Hon Majority Leader is claiming that the Hon Deputy Minister cannot answer and I want to refer him to paragraph 2 of the Hon Deputy Minister's Answer to make another point.
The Hon Deputy Minister's Answer says that the policy regarding, the policy of siting which is under the control of his Ministry -- regarding the siting of
communication masts is encapsulated in various communication enactments promulgated by Parliament. He then goes ahead to cite these two pieces of law -- first Act 76 (5) and second L.I. 1719. Therefore, those laws are armed within the jurisdiction of the Ministry.
Now, this question is simply that can he confirm if the implementation of these laws which are under his Ministry, is a consideration in issuing a permit under EPA? Period, and that is squarely - [Interruptions.. Madam Speaker, and that is squarely within the Ministry's jurisdiction because those laws are under the Ministry. So he can say he knows or he does not know.
Madam Speaker, let us not try to obstruct - [Interruptions.] I have not changed the question. The question is there, it says, “can he confirm?” That is the question, and Madam Speaker, that is what I said, the recording shows what I said.
Madam Speaker, I think in this House it has happened more than once where my brother and Hon Minority Leader has attempted restating people's statements and the records later have shown differently.
I am saying that, in my first intervention, I did allude to the question,that he said, “can he?” And that context it is purely only squarely within the Answer and in consonance to Order 69, he should be allowed to answer.
Madam Speaker 11:45 a.m.
Maybe, I will take it as an elucidation of a matter of fact and then ask the Hon Deputy Minister. The question is, you said -- that is why I asked you the question again and you will not - what is the question again? The original question?
Dr. Osei 11:45 a.m.
Madam Speaker, can the Hon Deputy Minister confirm that in the granting of certificates by EPA, health considerations as part of the requirements that he imposes on them are considered or not?
Madam Speaker 11:45 a.m.
Hon Deputy Minister, listen to the question and answer this one. Can you confirm?
Mr. Quarcoo 11:45 a.m.
Madam Speaker, I cannot presume to speak for the EPA and so I cannot really confirm.
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam Speaker, the L.I. in question, L.I. 1719 emanates from his Ministry. Madam Speaker, it is the L.I. 1719 which requires any person intending to construct a mast or tower to get clearance; obtain permits and certificates from EPA. Madam Speaker, what went into the consideration of that L.I. in imposing that obligation? Would the Hon Deputy Minister tell us?
Madam Speaker 11:45 a.m.
Honourable, if that is meant to deviate from the question, that would be that, he does not work with the EPA because in this House, we do not want Answers which are dragged out of Ministers or even Parliamentarians who ask Questions - which they are not too aware and cannot give the full facts. But if your question is that he knows what goes on at EPA - No. Yes -
Mr. Kyei-Mensah-Bonsu 11:55 a.m.
Madam Speaker, with respect, a Legislative Instrument comes from a Ministry to this House. Considerations certainly would have been given to many issues contained in the L.I. Now, the L.I. which emanates from his Ministry requires persons intending to construct a mast to obtain permits and certificates from the EPA. Madam Speaker, it is not for nothing that this requirement was imposed by the
Ministry.

I am simply and humbly asking the Hon Deputy Minister what considerations went into imposing that obligation on the persons in the L.I.

Madam Speaker, this is a simple question which I believe the Hon Deputy Minister is more than capable of answering. Can he tell us?

I may say that these gymnastics from the Hon Majority Leader are clearly not helping this House. He should let the Hon Deputy Minister answer.
Mr. Bagbin 11:55 a.m.
Madam Speaker, my Hon
Colleague is the Hon Minority Leader. He cannot abrogate the position of Speaker of Parliament. It is the Speaker that will maintain order in the House and she can tell whether we are turning Parliament into a gymnasium or not. It is not for the Hon Minority Leader to determine.
But Madam Speaker, the L.I. is not now under consideration. The L.I. was before this House. This House considered and passed it. He can now not go back and start asking the Hon Deputy Minister what went into this provision. He did that before he passed the law. It is this House that passed the law and not the Ministry. So he should be answering that question, what went into that law before he passed it, not the Hon Deputy Minister.
Madam Speaker 11:55 a.m.
Hon Majority Leader, are you saying like we say elsewhere that the law once it is passed here is within the bosom of the Legislature which passed it?
Mr. Bagbin 11:55 a.m.
Madam Speaker,
definitely. [Some Hon Members: No.] Definitely. Before we pass laws here, we go into the issues that he is raising as to what goes into a provision; how is the law couched this way. We even change words. We change words. [Inter-ruptions.] If
you have an issue with a word, you raise it and it is nullified, provided you do not nullify it, it means you accept all what is in the L.I.
Have you forgotten that a number of times we had to change? Madam Speaker, we did change things in L.I.s, they were withdrawn and resubmitted here and passed by this House many times.
The young man was an Hon Minister of State, so he did not know what was going on. I chaired that committee, Subsidiary Legislation and on a number of occasions, we took issue with words, with clauses; the L.I.s were withdrawn; our concerns were captured and relaid in this House and considered and passed by this House. I am telling him what is practically the position.
Madam Speaker 11:55 a.m.
Hon Members,
shall I rule on this matter finally?
Hon Minority Leader, I think your question offends Standing Order 67 (h) :
“ a Question shall not be asked the answer to which is readily available in official publications;”
Mr. Kyei-Mensah-Bonsu 11:55 a.m.
Madam Speaker, thank you very much -
Madam Speaker 11:55 a.m.
Hon Member, ask
another question. I will give you the floor for another question.
Mr. Kyei-Mensah-Bonsu 11:55 a.m.
Madam
Madam Speaker 11:55 a.m.
Thank you. That
is very Honourable of you.
Mr. Kyei-Mensah-Bonsu 11:55 a.m.
Madam
Speaker, but I must register the point that what went in is never brought here. I am not challenging. I am making an observation. I am making an observation that what goes into it - L.I.s, Madam Speaker, they are never laid in this House, with respect.
Madam Speaker 11:55 a.m.
Hon Member, ask
one last question.
Mr. Kyei-Mensah-Bonsu 11:55 a.m.
Madam
Speaker, for this, I may yield to the Chief Whip. I will freeze my own, given the circumstances.
Madam Speaker 11:55 a.m.
Hon Chief Whip,
one question and then I will take another from there and then we move on. We have a lot of Questions.
Mr. Opare-Ansah 11:55 a.m.
Madam Speaker,
as the Hon Deputy Minister may be aware, masts are used by the communications service providers to get good services provided to their customers. In the policy that he is talking about in the siting of communication masts, what consideration was given to the issues that arise out of unavailability of masts in certain places leading to poor quality of service?
Madam Speaker 11:55 a.m.
Hon Deputy
Minister, did you get the question? If you do not get the question, he will repeat it as often as you want.
Mr. Quarcoo 11:55 a.m.
Madam Speaker, I would like the question repeated.
Mr. Opare-Ansah 11:55 a.m.
Madam Speaker,

My question is, as the Hon Deputy

Minister may be aware, communication masts are used to host antennas through which signals are used to deliver communication services to customers of service providers. In arriving at this
Mr. Opare-Ansah 11:55 a.m.


policy, I am asking the Hon Deputy Minister what consideration was given to the effect of the absence of communi- cation towers in certain areas to the quality of service that is provided by these service providers to their customers.
Mr. Quarcoo 11:55 a.m.
Madam Speaker, if I
am given notice, I will come and answer this question.
Madam Speaker 11:55 a.m.
Hon Deputy
Minister, thank you very much for coming to answer our Questions. I think we have only one Question for you today which you have answered.
Thank you.
Is the Hon Minister for Food and
Agriculture here? Yes, Hon Minister, we have some Questions for you. The first one stands in the name of Hon Augustine Collins Ntim, Member of Parliament for Offinso North.
MINISTRY OF FOOD AND 11:55 a.m.
AGRICULTURE 11:55 a.m.
KIRLOSKAR BROTHERS LIMITED 12:05 p.m.
Mr. Ntim 12:05 p.m.
Madam Speaker, thank
you for the opportunity once again. The Hon Minister -- as a former District Chief Executive (DCE), I am sufficiently informed and I have all the necessary documentation to ensure or to inform you that Akomadan Irrigation Complex has a potential of thousand hectares of irrigable land.
My next question is, whether the Hon
Minister can give any indication as to how soon the project is going to be handed over to the farmers.
Madam Speaker 12:05 p.m.
Yes, Hon Minister,
he wants to know how soon will it start working?
Mr. Ahwoi 12:05 p.m.
Madam Speaker, I did
say that by the end of June this year, this project would be finished and handed over to the farmers.
Mr. Ntim 12:05 p.m.
Madam Speaker, may I also
find out from the Hon Minister, whether there is any programme for value addition in the project?
Madam Speaker 12:05 p.m.
Honourable, what
is the question? Any - I did not hear.
Mr. Ntim 12:05 p.m.
Madam Speaker, my
question was to find out whether he can give any indication of value addition programme in the project, as a component of the project. I am talking about tomato factory and all its associated projects.
Madam Speaker 12:05 p.m.
Hon Minister, he
is asking whether there are any value added --
Mr. Ahwoi 12:05 p.m.
Yes, Madam Speaker. The project has in its trail such activities as processing facility that has been located in Akomadan area, which is not currently working; it is a privately-owned factory. There is another factory that the Ministry of Food and Agriculture has established at Techiman, which is yet to be commissioned. When that comes on stream, I think we will have two processing capacities to satisfy the output of farmers in that particular location.
Madam Speaker 12:05 p.m.
Hon Member, you have one more question, if you have any. Do you have another question?
Mr. Ntim 12:05 p.m.
Yes, Madam Speaker,
except that I am not comfortable with the answer given in terms of the value addition and the indication that there is currently a tomato factory being established in Akomadan. I do not have any indication and I do not have any knowledge. As a former DCE, I do not have any information, so if he can - yes, thank you.
Madam Speaker 12:05 p.m.
If you like, ask the
question about tomato - ask him, then he will answer you. Well yes, ask - in finding out about tomato, please ask it.
Mr. Ntim 12:05 p.m.
Madam Speaker, thank
you. The Hon Minister, when it comes to issues of tomato, then one cannot rule out the contribution of Akomadan and its environs. I want to find out how soon we can have Akomadan tomato project completed.
Mr. Ahwoi 12:05 p.m.
Madam Speaker, I do believe that factories are located based on estimated raw material availability and therefore, even though we are talking about Akomadan, I did say that at Techiman, there is yet another factory, a five hundred tonne capacity factory there which can take more than what Techiman can offer plus any from Akomadan. So we are looking at that locality and not just Akomadan.
I did say that the factory is yet to be commissioned. The actual physical factory has been established but we are left with the surrounding environment which has to be tiled and walled properly to make the place acceptable as a food processing enterprise. As at now, there is too much dust in the area and that is why we have withheld commissioning that particular project until we complete that kind of operation. And I do believe that we will be finishing this before August this year.
Mr. J. B. Aidoo 12:15 p.m.
Madam Speaker, to a
supplementary question, that is, how soon will the project be completed and handed over to the farmers. The Hon Minister indicated that it would be completed by the end of June this year.
Madam Speaker, meanwhile, in the main Answer given by the Hon Minister, he has indicated that electrical connection from the transformer to the pumps are now being done, and then the fixing of the lateral lines and sprinklers in the field are also now being done. Now, from today to the end of June, it is just six days. Could the Hon Minister tell us whether all these could be completed by the end of June this year for the project to be handed over to the farmers?
Mr. Ahwoi 12:15 p.m.
Madam Speaker, the answer is yes. We do have a schedule of works that we have sat down with the contractors and we are holding them to it. Indeed, in my hand here, I have 22nd, 23rd, 24th, installation of hydrants, laterals and sprinklers at Tanoso; 25th, 26th, 27th, installation of hydrants, laterals, sprinklers at Akomadan and then 19th and 20th, installation of hydrants, laterals and sprinklers at Subingya. We have held these contractors to this very rigidly because of the time lapse; I mean this country cannot wait for six years, 2005 --2009, almost about four years, to complete a project that should take one year to complete -- [Uproar] -- So we are serious about it. We are really serious about holding these contractors to task, and we will not let them go free at all.
Madam Speaker, thank you.
Madam Speaker 12:15 p.m.
Hon Members, one hour has already elapsed, but I am prepared to extend the one hour so that we ask the Hon Minister the last Question, which stands in the name of Hon
Simons Addai, Member of Parliament for Techiman South. Is the Hon Simons Addai here to ask his question?
Mr. Stephen Kunsu 12:15 p.m.
Madam Speaker, I am Stephen Kunsu representing Kintampo North Constituency.
Madam Speaker, Hon Simons Addai has asked me to seek permission from you and ask the Question on his behalf.
Madam Speaker 12:15 p.m.
Yes.
Tanoso Dam Project (Completion)
Q.60. Mr. Stephen Kunsu (on behalf of Mr. Simons Addai)asked the Minister for Food and Agriculture why work on the Tanoso Dam had come to a standstill.
Mr. Ahwoi 12:15 p.m.
Madam Speaker, the situation with Tanoso Irrigation Scheme is very similar to the one I just answered with regard to Akomadan.
The Tanoso Irrigation Project was selected as one of the nine (9) out of 22 public irrigation schemes for rehabilitation under the Ministry of Food and Agriculture. The rehabilitation was funded by the World Bank and Government of Ghana and the beneficiaries are the small-scale farmers in Tanoso and its surrounding communi-ties.
It was tendered for rehabilitation under Agricultural Subsector Investment Programme (AgSSIP) in January, 2005.
The tenders were evaluated and a contractor was selected.
A contract was signed on 2nd August, 2005, between the Ministry of Food and Agriculture and Messrs SAT Engineering Limited.
The site was handed over to the contractor on 24 th September, 2005. The contractor mobilized equipment and personnel and work started on 10th October, 2005.
The rehabil i tat ion works were programmed for completion within a year, precisely by December 31, 2006. Madam Speaker, we are in 2009.
The civil works comprising the construction of pump house, farmers meeting hall, roads, stores (for farm produce, fertilizer, chemicals, et cetera) and on farm irrigation works which comprised replacing old asbestos cement pipes with new PVC pipes and construction of hydrant chambers, were completed on December 31, 2007.
The community requested extension of the scope of works to include the expansion of the delivery to the expanded area. These extra works were completed by December 31, 2008.
The completed works have not been handed over to the farmers because the installations of pumps and sprinklers which were under separate contracts were outstanding.
The contract for pumps was awarded, as in the case of Akomadan to the same Indian company, KIRLOSKA in November, 2006. And the contract for on farm equipment, that is, the laterals and the sprinklers, was awarded to the same JAIN IRRIGATION SYSTEMS LIMITED in December, 2006.
Madam Speaker, delays in establishing Letters of Credit (LC) have accounted for the delay in this project. The LCs were finally established in March, 2007 and May, 2007 respectively.
However, the pumps have arrived in
Mr. David Tetteh Assumeng 12:15 p.m.
Madam Speaker, can the Hon Minister tell the House, the cause of the delay of the project? [Interruption.]
Madam Speaker 12:15 p.m.
I think he has already answered that.
Mr. Assumeng 12:15 p.m.
Madam Speaker, I

Thank you, Madam Speaker.
Madam Speaker 12:15 p.m.
Well, let the Hon Minister -- but I thought that I heard that establishing Letters of Credit -- But Hon Minister, please, answer this.
Mr. Ahwoi 12:15 p.m.
Madam Speaker, I think that your response is appropriately what I said, and that accounts for the delay in the projects. Delays in establishing LCs and then delays in enforcing and making
Mr. Kyei-Mensah-Bonsu 12:15 p.m.
Madam Speaker, the Hon Minister has alluded to two reasons; the delays in establishing the LCs and enforcing. Madam Speaker, but in the last but one paragraph of his Answer, he told this House that the community requested extension of scope of works including expansion of the delivery to the expanded area. And these works were completed on 31st December, 2008, does he agree that that is also one basic reason for the delay of the project?
Madam Speaker 12:15 p.m.
Yes, Hon Minister,
can you answer that?
Mr. Ahwoi 12:25 p.m.
Yes, Madam Speaker, that
is right but the two jobs could have gone parallel to each other. The extension of the works and the installation of the plant are going together at the same time; so he is partially right.
Prof. Christopher Ameyaw-Akumfi 12:25 p.m.
Madam Speaker, on that issue, will the Hon Minister indicate when the request was made and whether in view of the date -
Madam Speaker 12:25 p.m.
Honourable, what
comes first?
Prof. Ameyaw-Akumfi 12:25 p.m.
Madam
Speaker, my Hon Leader indicated that possibly the request by the community would have caused some delay and he agreed. And I also said that the jobs could have run concurrently. So I want to know when that request was made and whether the two -
Madam Speaker 12:25 p.m.
One question at a
time. Which one do you choose?
Prof. Ameyaw-Akumfi 12:25 p.m.
When the
request from the community was made.
Madam Speaker 12:25 p.m.
Hon Minister.
Mr. Ahwoi 12:25 p.m.
Madam Speaker, the
request for the extension was made in the early part of 2008 and these extra works were to be completed by December, 2008 and they were completed.
Madam Speaker 12:25 p.m.
Hon Members, I
will have one more question. We have already exhausted one-and-a-half hours and we have other work. So last question, please.
Mr. Simon Edem Asimah 12:25 p.m.
Madam
Speaker, I would want to know from the Hon Minister, how much cost has Ghana incurred as a result of the delay in the construction or rehabilitation.
Madam Speaker 12:25 p.m.
You mean costs in
terms of money or what?
Mr. Asimah 12:25 p.m.
Extra costs that came up
as a result of the delay of the completion of the project.
Madam Speaker 12:25 p.m.
Hon Minister, can you answer that question?
Mr. Ahwoi 12:25 p.m.
Madam Speaker, there
has not been any additional costs, it is an ongoing project and the cost has been held firm at the contracted rates. But the loss to the community in terms of access to the land that in five years they could have been working on, it is quite a tremendous cost to the farmers in that sense and to Ghana in the sense that the food crops that could have been harvested four years ago, have still not been harvested.
Madam Speaker 12:25 p.m.
At this stage, I think
we thank the Hon Minister. Thank you for coming to answer our Questions. Thank you very much.
Hon Members, now we move on to
item 5, the Laying of Papers; 5 (a) - Chairman of the Committee?
Mr. E. T. Mensah 12:25 p.m.
Madam Speaker,
we want to step down item 5 (a), the report is not ready.
Madam Speaker 12:25 p.m.
5 (b) is not ready?
Mr. E. T. Mensah 12:25 p.m.
5 (a) is not ready.
5 (b), the Chairman to lay the Paper is not available, so we want your leave and with the indulgence of my Colleagues to allow the Vice Chairman to lay it on his behalf.
PAPERS 12:25 p.m.
Chairman of the Committee) 12:25 p.m.
Report of the Committee on Consti- tutional, Legal and Parliamentary Affairs on the Annual Report on Presidential Office Staff for the period January to December, 2008.
Madam Speaker 12:25 p.m.
Hon E. T. Mensah, any indications?
Mr. E. T. Mensah 12:25 p.m.
Madam Speaker,
item 6, Committee Sittings and I, therefore, move, that this House do now adjourn to tomorrow, 10.00 a.m.
Mr. Ambrose P. Dery 12:25 p.m.
Madam
Speaker, I rise to second the motion for adjournment except to remind the various committees that we had agreed in plenary that the meetings for the committees should be fixed after adjournment. But I have seen that there have been times that have been fixed before adjournment and I think that is partly the reason why we do not have more than this number. So we just remind them, in seconding the motion.
So I beg to second the motion.
Question put and motion agreed to.
ADJOURNMENT 12:25 p.m.