Debates of 25 Jun 2009

MADAM SPEAKER
PRAYERS 10:45 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:45 a.m.
Madam Speaker 10:45 a.m.
Hon Members, we commence with Correction of Votes and Proceedings dated Wednesday, 24th June, 2009.

We move to the Official Report of
Ms. Shirley A. Botchway 10:45 a.m.
Madam
Speaker, may I refer you to column 924, line 4. It reads: “May I find out from him whether they have only plans . . .” What I said was that “May I find out from him whether they have any plans . . . ” Can that correction be effected.
Also column 925, the fifth paragraph, line 2, it should read: “I believe that residents in the communities or the neigh- bourhoods . . . ”, “ . . . neighbourhood” with an “s”.
Thank you.
Mr. Ambrose P. Dery 10:45 a.m.
Madam
Speaker, column 940, second paragraph, third line from the bottom of second paragraph, the first is Act 775 but it was stated as 76 (5). Madam Speaker, the next sentence, “Therefore those laws are . . . ” There is “armed”; “armed” should be deleted. Madam Speaker, the next paragraph of the same column which

starts with “Now, this question is simply that can he confirm . . . ”, the third line “…which are under his Ministry”, they should insert “Health” after “Ministry”. Madam Speaker, and the next line after “permit”, they should delete “under” and put “by” -- EPA.

Madam Speaker, the penultimate paragraph, that is, the last but one paragraph of the same column, the third line, it is stated “my brother and Hon Minority Leader”. It is wrong. It is “… my brother . . .” Delete “and” and put “the Majority Leader”.

Madam Speaker, on that column, last paragraph, between “And” and “that”, there should be “in”.

Madam Speaker, finally, column 941 -- [Interruptions] -- Madam Speaker, column 941, first sentence, first paragraph “ . . . context it is purely . . . ”, “and” not “only”; “only” should be deleted. And the second line, the answer, “ . . . in consonance with . . .” and not “ . . . in consonance to . . . ”

Thank you, Madam Speaker. Those are the corrections I have to make.
Mr. Hackman Owusu-Agyemang 10:55 a.m.
Madam Speaker, a very major correction. Column 928, paragraph -- just the last one. I said, “. . . just like electrical wired high tension cables”. I did not say “. . . electrical lights”. There are so many -- Most of the time I let these things go but this particular one is so serious. I said “. . . electrical high tension cables”. I did not say “light” at all.
Madam Speaker 10:55 a.m.
Any other correc- tions? [Pause.]
Hon Members, the Official Report of Wednesday, 24th June, 2009 as corrected represents the true record of proceedings.
ORAL ANSWERS TO 10:55 a.m.
QUESTIONS 10:55 a.m.
MINSITRY OF FOREIGN AFFAIRS 10:55 a.m.
AND REGIONAL INTEGRATION 10:55 a.m.
Minister for Foreign Affairs and Regional Integration (Alhaji Muhammad Mumuni) 10:55 a.m.
Madam Speaker, the Question posed actually used the word “revoked”. As a matter of fact, the exercise that was carried out was not a revocation, it was a suspension and a review. But we nevertheless, out of respect to this House and with due deference to the Hon Member who asked the Question, decided to answer the Question in point of substance and in the spirit of trans- parency. But the exercise that took place was not a revocation but a suspension and review.
Madam Speaker, having said these, may I, with your permission, proceed to answer the Question?
Madam Speaker, I have the honour to refer to the parliamentary Question posed in the name of Hon Shirley Ayorkor Botchway, Member of Parliament for Weija, over the fate of the “thirty persons” whose appointments as Branch A5 Foreign Service Officers were revoked, and wish to respond as follows:
In line with the standard procedure for recruiting personnel into the Ghana Civil Service and the Foreign Service in particular, the Ministry of Foreign
Affairs and Regional Integration in December 2007, sought appropriate financial clearance from the Ministry of Finance and Economic Planning to recruit thirty (30) personnel into the Branch A5 grade (that is, the entry level in the Administrative Class) of the Ministry to fill up vacancies and augment the staff strength.
Following the receipt of the financial clearance, the Ministry engaged the services of the West African Examinations Council (WAEC) and the Legon Centre for International Affairs (LECIA) to conduct an entrance examination for over four hundred (400) persons, whose applications had been received by the Human Resource and Administration Bureau of the Ministry.
A selection board was subsequently constituted to interview applicants who had been shortlisted on the basis of their performance in the examination as well as considerations of the skills requirements of the Ministry. In accordance with the standard procedures of the Civil Service, the interview panel was made up of representatives from the Office of the Head of the Civil Service (OHCS) and the Public Services Commission (PSC), two retired career Ambassadors, one of them a former Chief Director of the Ministry, and three senior officers of the Ministry.
In all, one hundred and fifty-seven (157) persons turned up out of a total of one hundred and seventy-three (173) applicants who had been invited for the interview.
On the 20th of March 2008, the interview panel submitted its report on the interview to the Minister and recommended the top-ranked thirty (30) interviewees for appointment. After consideration of the report, the then Hon Minister for Foreign Affairs and Regional Integration's Record
of Decision to the OHCS listed eleven (11) out of the thirty (30) applicants recommended by the Selection Board for appointment as well as twenty-two (22) other applicants who had taken part in the interview, but who could not make it into the first thirty (30).
Additionally, seven (7) other persons who did not participate in the interview at all were included, bringing the total number of persons recruited out of the exercise to forty (40), instead of the thirty (30) originally approved by the Ministry of Finance and Economic Planning.
On receipt of the Record of Decision which was communicated to the Office of the Head of the Civil Service on 21st November, 2008, and upon approval from the Head of the Civil Service on 26th November, 2008, the forty (40) candidates were issued with the necessary appointment letters and were asked to assume duty by 5th January, 2009 to undergo an induction and training programme which was to start that day.
However, in the course of the programme, the International Relations Sub-committee of the transition team called the Ministry's attention to some reported irregularities that had come to its notice regarding the recruitment exercise.
The committee, therefore, advised the Ministry to suspend the appointments of the forty (40) officers, pending the outcome of investigations into the alleged improprieties. The Ministry, therefore, informed the officers about the suspension of the training programme and the withdrawal of their appointment letters.
The investigations conducted by the committee established the following irregularities:
Minister for Foreign Affairs and Regional Integration (Alhaji Muhammad Mumuni) 11:05 a.m.


An arbitrary increase in the prescribed number of appointees from thirty (30) to forty (40), thus ignoring the budgetary advice by the Ministry of Finance and Economic Planning;

The grading of the interviewees and the recommendations submitted by the selection board had been ignored by selecting eleven (11) out of the top-ranked thirty (30) interviewees and selecting twenty-two (22) others from outside the first thirty (30). It also came to light that eight (8) of the forty (40) persons recruited had neither taken the prescribed examination nor attended the interview. These irregularities were found to be discriminatory and did not do justice to the principle of meritocracy.

Based on these findings, which the committee found to be in breach of the 1992 Constitution and the laid-down regulations governing appointments to the Ghana Civil Service and the Ministry of Foreign Affairs and Regional Integration in particular, the committee confirmed its earlier directive to the Ministry to suspend the recruitment exercise and advised that the Ministry should revert to the recommendations of the selection board's report and appoint the top thirty (30) candidates upon the assumption of office of a substantive Minister.

Madam Speaker, in accordance with this advice, the Ministry sought approval of the Head of the Civil Service and subsequently appointed the first thirty (30) candidates into the Branch A5 grade with effect from 2nd April, 2009. It may be worth mentioning that all the affected persons, who did not make the final selection, were duly informed as to the reasons why they had not been reappointed.

Madam Speaker, indeed, it is also worth noting that on 16th January, 2009,

a delegation from the Civil Servants Associat ion, which had received complaints about the suspension of the recruitment exercise, met with the International Relations Sub-committee of the transition team and was satisfactorily briefed on the facts of the recruitment issue.

However, as a Government that believes in the rule of law, good governance and transparency -- [Inter-ruptions] -- taking such a decision was deemed necessary - absolutely necessary - in order to protect the integrity of the time-honoured regulations governing recruitment into the Ghana Civil Service and the Foreign Service, in particular, as well as ensure the principles of meritocracy and non- discrimination. [Hear! Hear!]
Madam Speaker 11:05 a.m.
Thank you.
Ms. Botchway 11:05 a.m.
Madam Speaker,
before I ask my question, may I draw the Hon Minister's attention to the last line of paragraph (6) which says that “…the withdrawal of the appointment letters…” Let me say to the Hon Minister -- and I believe the “withdrawal” also means revocation. So they are the same in meaning. So the fact that he has
used “withdrawal”, it means that their appointment letters were revoked.
My question, Madam Speaker, is the
Hon Minister aware that in selection, it is not only interviews and examinations that actually go into picking the candidates? [Interruptions.] Madam Speaker, I believe that there are several other criteria that come into play -- [Interruptions.] The fact that 11 out of the first 30 were selected or chosen does not mean that other people were jumped over. Issues like, I believe, gender come into play. [Interruptions.] Madam Speaker, I need the Hon Minister to answer this question for me. Is he aware?
Madam Speaker 11:05 a.m.
Hon Member, ask
a question. You are making statements, ask a question.
Ms. Botchway 11:05 a.m.
Madam Speaker,
I would like to know from the Hon Minister what other criteria apart from the interview and the examination went into the selection.
Alhaji Mumuni 11:05 a.m.
Madam Speaker, indeed, we have a holistic approach to the issue of recruitment. But the base rule is examination and interview. A selection board was put in place constituting people with the requisite experience and skills. And they had all the criteria that the Ministry deemed necessary for the recruitment and applied the test. And it was the selection board that actually recommended that the first 30 out of the list of 157 -- the names had been arranged in order of merit with their examination and interview scores printed against the names. And it was the selection board that recommended that the first 30 should be taken.
Ms. Botchway 11:05 a.m.
I believe that it was a recommendation and the Hon Minister had the prerogative to actually look at the
Ms. Botchway 11:05 a.m.


needs of the Ministry -- [Interruptions.] The then Hon Minister had to look at the needs of the Ministry. In any case, can the Hon Minister tell us how many female applicants were taken? [Interruptions.]
Alhaji Mumuni 11:05 a.m.
Madam Speaker, I am trying to satisfy the Hon Member who asked the question. We have here the report of the selection board that listed the 157 candidates that were shortlisted. I do not know if she wants me to go through it so that she would know who are females who are males. I have not picked the numbers out. But I can read out all the names -- [Interruptions.]
Madam Speaker 11:15 a.m.
Hon Minister, the
question is, how many females?
Alhaji Mumuni 11:15 a.m.
With due respect,
Madam Speaker, I have not taken time to pick, but I have the list here, and I can easily do that even right now or I can read out the names. [Interruptions.] Madam Speaker, I can provide it in five minutes.
Ms. Botchway 11:15 a.m.
Madam Speaker, I
am not asking the Minister to read through 157 names. All I am asking him to do is to tell us of the 30, how many are females.
Madam Speaker 11:15 a.m.
Hon Minister, she
said, of the 30, how many are females?
Alhaji Mumuni 11:15 a.m.
Madam Speaker, we
have 17 females out of the 30.
Ms. Botchway 11:15 a.m.
Madam Speaker, can

Madam Speaker, going on to my next question, the Minister has said that instead of 30, 40 applicants were chosen -- [Interruptions] -- You cannot heckle me. I am not bothered about what you

are doing.

Madam Speaker, instead of 30, 40 were chosen and appointment letters were sent to those 40. Is the Minister aware that the Office of the Head of the Civil Service was contacted and the office gave approval for the 40 instead of 30? Although the Ministry of Finance and Economic Planning had given approval for 40, the procedure was to go back to the Ministry of Finance and Economic Planning to get approval for the extra 10, because in the following year, there would have been another recruitment.
Madam Speaker 11:15 a.m.
Hon Minister, you
heard the question, did you?
Alhaji Mumuni 11:15 a.m.
That is so, Madam
Speaker. Madam Speaker, yes, indeed, it is in the Answer. The Head of the Civil Service had approved the subsequent 10, but that was in conflict with the approval by the Ministry of Finance and Economic Planning which was grounded on the Budget. So the additional 10 was actually extra budgetary, beyond the budgetary allocation.
Mr. D. T. Assumeng 11:15 a.m.
Madam Speaker,
Madam Speaker 11:15 a.m.
Order! Order!
Hon Member, unless you reframe your question, I will not allow this one.
Mr. Assumeng 11:15 a.m.
Madam Speaker, I want to find out from the Minister, if he would not consider the immediate arrest of the former Minister for Foreign Affairs, Regional Integration and NEPAD and his Deputies for prosecution for smuggling or adding names that were not
Madam Speaker 11:15 a.m.
Hon Member, I will
Mr. C. S. Hodogbey 11:15 a.m.
Thank you,
Madam Speaker, for giving me the opportunity to ask the Minister what are the processes or the procedures, if there is a flagrant violation of the Civil Service Code, the 1992 Constitution and improprieties committed in situation like this. What happens to the people who are involved?
Madam Speaker 11:15 a.m.
Hon Member,
he is not the Attorney-General, he has come here to answer Questions about the number of people appointed. So that question does not fall in. [Interruption.] Unless you ask another question, I will disallow that.
Mr. Hodogbey 11:15 a.m.
Madam Speaker, what
I am asking is that, when there is a flagrant violation of Civil Service Code, the 1992 Constitution, what happens to those who violate those things.
Madam Speaker 11:15 a.m.
Hon Member, the Hon Minister for Foreign Affairs and Regional Integration cannot answer that question.
Mr. Osei Kyei-Mensah-Bonsu 11:15 a.m.
Madam Speaker 11:15 a.m.
Order! Order! Let
us hear the Hon Minority Leader.
Mr. Kyei-Mensah-Bonsu 11:15 a.m.
Madam
Speaker, as I said, they clearly offend Order 67 (1) (f). You have sounded and given the indication that they ought not be asked. And Madam Speaker, I believe that
people who get up to ask questions should not take the House for granted.
Madam Speaker, this House should not only be seen as a responsible House, we must be deemed to be responsible. Madam Speaker, so Hon Members who get up to ask questions should know that we are guided by our rules and for Hon Members who have been in this House for two terms, the basic tool for working in this House should be known by them and when they rise up to ask questions, they should ask responsible questions.
Madam Speaker 11:15 a.m.
Hon Minority
Leader, thank you for reminding the whole House. But that is why we are here, you and I, when we see a question which is not supported, we have to stop it, and that is what we have done.
Mr. Hackman Owusu-Agyemang 11:15 a.m.
Mr. J. T. Akologu 11:25 a.m.
Madam Speaker, I am compelled to fall into a trap I did not want to. But if what the Minority Leader has stated, is anything to go by, I rather thought that he would have tried to maybe, put this House together and then we work in harmony.
But to use statements that are very offensive onto Members here, has compelled me to rise on my feet and to say that, what I do know about the procedures in this House is that during Question time, when a Question is asked and supplementary questions are allowed by Madam Speaker, they are responded to. I thought that when the Minority Leader was referring to procedures in this House -- when he stood up, he was
Mr. J. T. Akologu 11:25 a.m.


asking permission to ask a supplementary question and not to take us through the procedures in this House. This is not the forum for that matter -- [Interruptions.] You see, he should have averted himself to the same rules which he has violated.

So I think when we go into our caucuses, we should be able to advise our Members on how to be decorous on the floor of the House. But we should not use the procedure, at the same time, abuse it and say that we are correcting ourselves. We should do it at the right place and right time.
rose rose
Madam Speaker 11:25 a.m.
Hon Hackman -
Mr. Owusu-Agyemang 11:25 a.m.
Madam Speaker, in the Answer, at paragraph 8, line 5, the Minister states:
“ . . . the committee confirmed its earlier directive to the Ministry to suspend the recruitment exercise
. . . ”
This Committee he referred to in paragraph 6, is the International Sub- committee of the transition team. Madam Speaker, the point that I want to know is, what was the locus of this team to direct the Ministry to suspend an action and indeed, it constituted an ultra vires situation. What was the locus of this committee to give directives to a Ministry? Was it the Presidency? The President could have done it but certainly, not the committee. What was the locus -- and for that matter, I think it does not really - [Interruptions] -- What was the locus of this committee to give directives to a
Ministry? What was the locus, I would like to know?
Madam Speaker 11:25 a.m.
Hon Member, except that it is an advice, not a directive.
Mr. Owusu-Agyemang 11:25 a.m.
Madam Speaker, it says that:
“ . . . the committee confirmed its earlier directive . . .”
Madam Speaker 11:25 a.m.
Are we doing the same thing in paragraph 6?
Mr. Owusu-Agyemang 11:25 a.m.
Paragraph 8.
Madam Speaker 11:25 a.m.
Paragraph 8?
Mr. Owusu-Agyemang 11:25 a.m.
Paragraph 8, line 5, it says:
“. . . the committee confirmed its earlier directive to the Ministry . . .”
What is the locus of this committee to give directives to a Ministry? What is the locus of it?
Madam Speaker 11:25 a.m.
Yes, Hon Minister, he says the status of the committee.
Alhaji Mumuni 11:25 a.m.
Madam Speaker, I cannot on the spur of the moment confirm whether the International Sub-committee of the transition team had the requisite locus to issue directives to the Ministry.
But having regard to the nature of this matter, it was so patently irregular, so discriminatory, so blatantly unfair to citizens of this country, that certainly it could not just be allowed to pass without comment. And I believe that the sub- committee, acting on behalf of H.E. the President, had a duty and responsibility to draw the Ministry's attention to the fact that the procedure that had been adopted to recruit these 40 candidates was so palpably irregular that they needed to do something.

Madam Speaker, I believe in law, we have the situation of an urgent of necessity, where in an appropriate case you can derive a mandate from the very nature of the matter that is happening.
Mr. Owusu-Agyemang 11:25 a.m.
Madam Speaker, I am sorry, if the Hon Minister -- [Interruptions.]
Mr. Kwaku Agyemang-Manu 11:25 a.m.
Madam Speaker, on a point of order -
Several Hon Members - rose -
Madam Speaker 11:25 a.m.
Hon Members, who said point of order? No, you were wrong, you are out of order. You have to catch my eye, you do not shout at me “Point of order”. If I catch your eye, that is what I have to do, I will call upon you. So next time I will call upon you if I catch your eye.
Mr. Owusu-Agyemang 11:25 a.m.
Madam Speaker, with regard to my question -- [Interruptions.] No, but I asked the question - [Uproar.]
Some Hon Members 11:25 a.m.
He has answered the question.
Mr. Owusu-Agyemang 11:25 a.m.
No, he has not answered the question. I have every right - it is my right to ask the Speaker to -- [Interruptions.]
Madam Speaker 11:25 a.m.
Hon Member, your question has been answered.
Mr. Owusu-Agyemang 11:25 a.m.
No, Madam Speaker -- [Interruptions.] Madam Speaker, please - [Some Hon Members - “Sit down!”] -- What book? It was an illegal --
Alhaji Sumani Abukari 11:25 a.m.
Madam Speaker, as you rightly pointed out, the last but one statement under paragraph 6 says that:
“the committee, therefore, advised the Ministry to suspend the appointments of the forty (40) officers, pending the outcome of the investigations into the alleged improprieties.”
Madam Speaker, I would want to know from the Minister, who appointed the committee and on whose behalf they were performing their duties.
Madam Speaker 11:25 a.m.
Yes, Hon Member, you are talking of a committee and he said who constituted --
Alhaji Mumuni 11:25 a.m.
Madam Speaker, the international Sub-committee of the transition team was appointed duly by H.E. the President and they were exercising powers for and on his behalf and at his direction.
Mr. H. D. Yeboah 11:25 a.m.
Madam Speaker, I want to ask the Minister, how was security checks and background investigation conducted on the applicants during interview time.
Madam Speaker 11:25 a.m.
Hon Member, ask the question again.
Mr. Yeboah 11:25 a.m.
Madam Speaker, I want to ask the Minister, how was security check and background investigation conducted on the applicants during interview time.
Madam Speaker 11:25 a.m.
Hon Minister, I
think the question is, were security checks made? [Interruptions.] Hon Member, I think the Minister did not get the question, can you ask again?
Mr. Yeboah 11:25 a.m.
Madam Speaker, how
Alhaji Mumuni 11:35 a.m.
Madam Speaker, at the material time that the Hon Member is referring to, I was not at post. I had then not been appointed.
But in the normal course of events, securing background checks are conducted by the requisite authorities and the outcome of their investigations is referred to the interview panel and it is part of the consideration for the final selection and recommendation. And I believe that this is what actually took place in the normal course of events.
Mr. F. Twumasi-Appiah 11:35 a.m.
Madam Speaker, at paragraph 7, page 6 of the Answer, the Hon Minister states and with your permission, I beg to quote:
“These irregularities were found to be discriminatory …”
and the emphasis here is “discri-minatory”.
Madam Speaker 11:35 a.m.
Ask your question.
Mr. Twumasi-Appiah 11:35 a.m.
Madam Speaker, the question here is, what measures has the Hon Minister put in place or going to put in place to ensure that the perpetrators are brought to book so that this issue does not happen again? [Hear! Hear!]
Alhaji Mumuni 11:35 a.m.
Madam Speaker, in the Constitution of our land, one of the cardinal building blocks is equality of all persons before the law. And all the 400 candidates who appeared and wrote the examination and attended the interview, clearly, were entitled to be treated fairly on a non-discriminatory basis.
So, 157 persons were shortlisted with their examination scores fixed against their names and the names arranged in order of merit and 30 were required. Naturally, the first 30 had to take precedence unless there were any stated reasons to the contrary. And that was the ambit of the selection board.
They were competent people and they had applied all of the rules and therefore, the decision to override their recom-mendation and to disregard the examination and interview results was palpably irregular, unfair and discri- minatory. And therefore, we thought that we should regularise the situation and make sure that for the future, the rules are taken into consideration and obeyed and that all persons will have the right to be treated fairly and that there will be equalisation of opportunity.
Madam Speaker 11:35 a.m.
One more question from the Minority side. We have two other Questions to be answered. We have only one hour for Question time.
Mr. F. Opare-Ansah 11:35 a.m.
Madam Speaker, I would like to find out from the Hon Minister - he has directed us to article 17 of the Constitution and with your permission, I would read article 17 (2):
“A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status. . .”
And article 17(3) goes on to say:
“For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occu- pation, religion or creed, whereby persons of one description are subjected to disabilities or restric- tions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.”
Madam Speaker, my question is, can the Hon Minister tell us which of these provisions in the Constitution was breached, which he continuously refers to as discriminatory and by which in paragraph 8 of his Answer goes on to say that the committee found to be in breach of the 1992 Constitution?
So I want the Hon Minister to tell us which of the items here listed that the investigations found, was the basis for the discrimination for which he is telling this House that these people were discriminated against.
Madam Speaker 11:35 a.m.
Hon Minister, I think you can answer the question.
Alhaji Mumuni 11:35 a.m.
Madam Speaker, when an examination is advertised and persons have applied to take part in the examination and there is going to be a selection and a number of places are to be taken and at the end of the day, it is determined that the best candidates are the first 30. And then, out of that 30, only 11 persons are taken, and other people who did not even take part in the examination at all, who did not attend the
interview - [Some Hon Members: Oh! Oh!] - And some of them actually wrote the examination and failed. Nevertheless, they were the ones picked, there can be no better definition of “discrimination” than that - [Hear! Hear!] - I believe the lawyers would say res ipsa loquitur -- the matter speaks for itself.
rose
Madam Speaker 11:35 a.m.
I said the last question but I would give the Hon Minority Leader the opportunity to ask the last question.
Mr. Kyei-Mensah-Bonsu 11:35 a.m.
Thank you, very much.
Madam Speaker, I think listening to the Hon Minister, clearly, he was redefining “discrimination” as opposed to what exists in the Constitution.
Some Hon Members 11:35 a.m.
Ask a question.
Mr. Kyei-Mensah-Bonsu 11:35 a.m.
Madam Speaker, with respect, I would ask the question. But just -
Madam Speaker 11:35 a.m.
I gave you the opportunity to ask the last question.
Mr. Kyei-Mensah-Bonsu 11:35 a.m.
I am going to do that. Madam Speaker, I am going to do just that, except to point out some inconsistencies in the Answer - [Uproar.] - Because of the corrections that the Hon Minister effected -- [Interruption.]
Madam Speaker 11:35 a.m.
Order! Order!
Mr. Kyei-Mensah-Bonsu 11:35 a.m.
Because of the corrections that the Hon Minister effected on the floor, there are some inconsistencies in the Answer that he gave.
Madam Speaker 11:35 a.m.
Yes?
Mr. Kyei-Mensah-Bonsu 11:35 a.m.
Madam
Speaker, he sought to correct some numbers but unfortunately, on page 5, paragraph 7, bullet point two, he did not offer any corrections on the last number provided and he quoted “It also came to light that eight (8) of the forty (40) …” - [Some Hon Members: seven, seven] - Please, he read “eight (8)”. If he had corrected it; he read “eight (8)”. That is the point I am making.
If it is seven, I have no problem there.
Madam Speaker, my question is on the first paragraph of the Hon Minister's Answer and with respect, I quote the Answer.
“Madam Speaker, I have the honour to refer to the parliamentary question posed in the name of Hon Shirley Ayorkor Botchway, Member of Parliament for Weija, over the fate of the ‘thirty persons' …” --
“thirty persons” -- He had quoted from the Question -
“…whose appointments as Branch A5 Foreign Service Officers were revoked, and wish to respond as follows:”
Madam Speaker 11:35 a.m.
Yes, Hon Minority Leader, ask your question.
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam
Madam Speaker 11:45 a.m.
Hon Member, ask your question.
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam
Speaker, in the very first paragraph, he has used the word “revoked”, and that is not in quotes as he has done with respect to the “30 persons” which he quoted. May I know from the Hon Minister, whether in the circumstance, he would not consider the exercise as revocation instead of suspension as he himself has stated in the first paragraph?
Madam Speaker 11:45 a.m.
Hon Minister,
answer the question.
Alhaji Mumuni 11:45 a.m.
Madam Speaker,
the questioner herself, the Hon Member for Weija [Ms. Shirley Botchway] had agreed that the problem, probably, is one of semantics and I agreed with her whether you used the word “revoked” or “suspend”. But clearly, in paragraph 1, the reference was to the words used in the Question. The reference of the word “revoked” was contained in the Question that was asked. In our view, what happened was not a revocation, it was a suspension and a review. But I do agree with her that the problem is one of semantics, really.
Madam Speaker 11:45 a.m.
Hon Minister for

The next Question will be answered by the Minister for Water Resources, Works and Housing. Hon Minister? [Pause.] May I call upon Hon Justice Joe Appiah, Ablekuma North to ask the Question? Where is the Hon Minister?
Mr. John T. Akologu 11:45 a.m.
Madam
Speaker, the Hon Minister for Water Resources, Works and Housing is unavoidably absent today and has asked

that we seek permission and crave the indulgence of this House to allow the Deputy Minister for Water Resources, Works and Housing to stand in for him.

Madam Speaker, we are asking for your permission and the indulgence of the House.
Madam Speaker 11:45 a.m.
Hon Minority
Leader, did you hear that?
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam
Speaker, whereas in principle we would not have anything against the request, I think it is the statement given by the Deputy Majority Leader, by he stating that the Hon Minister is unavoidably absent.
The Hon Minister has been here; there is a reason for his inability to attend to the House to answer the Question. He must tell us; he should not say that he is unavoidably absent when we know that he had been seen in the Chamber. He should tell us and I believe that if it is convincing and persuasive, we would agree.
Mr. Akologu 11:45 a.m.
Madam Speaker, when
I used the word “unavoidably”, I was aware that the Hon Minister had been seen here and for the mere fact that he is not here, shows why it is unavoidable. [Laughter.] That he was here, some Hon. Members saw him and he is gone; it means that he has been compelled and that is why I used that word.
However, albeit, I crave the indulgence of the House to allow the Hon Deputy Minister to stand in for him. Maybe, next time, I would avoid using the word “unavoidably”.
Madam Speaker 11:45 a.m.
I think the mood
of the House is that, yes, we have agreed to allow the Deputy Minister. [Interrup- tions.] Hon Deputy Minister, can you take the chair and answer the Questions for the Hon Minister?
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam Speaker, with respect, the Deputy Majority Leader has not told this House anything. The Hon Minister is not in the Chamber; we do know that. Why is he not here, because he was here with us? For some reason he is not able to attend to the House, let us know and if it is convincing, we would agree; no doubt about that. But just to say that, Oh! he is unavoidably absent, so the Deputy Minister should hold the fort, is not persuasive at all.
The Hon Deputy Minister would be allowed to answer the Question subject to the indulgence of this House and if it is convincing and I believe that he has very good reasons, he should tell us.
Madam Speaker 11:45 a.m.
I thought you

No? I thought the indulgence had been

acceded to and that he should -
Mr. Akologu 11:45 a.m.
Madam Speaker, I
have no problem, maybe, expatiating or giving the reasons. But I thought that the essence of the Speaker's briefing and the discussions before, we can apply in this case.
But Madam Speaker, the Hon Minister, upon arrival from trek or trip outside this morning, was ready to answer this Question but in fact, had to be called or summoned to the Presidency because there was an urgent matter under consideration at Cabinet - [Inter-ruptions.] So he came to seek permission and Madam Speaker, I believe that I conveyed this to my Hon Colleague on the other side and said that I would ask permission for the Hon Deputy Minister to stand in for him.
So in actual fact, the reason is that discussions at Cabinet had reached his turn and that was why they sent for him.
Madam Speaker 11:45 a.m.
Hon Minority
Leader, I think you have got the reason now. He arrived this morning from abroad; he came here, but was - I will not use the word “unavoidably”, because it has been explained.
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam
Speaker, I had fore knowledge of it as a person. But I thought the onus rested on the Deputy Majority Leader to inform this House. That is all that I required.
But we will indulge her and Madam Speaker, except to remind this House that the Majority Leader, when he was the Minority Leader always insisted that Cabinet meetings did not take precedence over parliamentary business. We would indulge her, but we want to remind them that what is good for the goose is equally good for the gander.
Madam Speaker 11:45 a.m.
I take it that we
can now go -
Mr. Akologu 11:45 a.m.
Madam Speaker, yes,
we are aware that the Majority Leader, when he was in Minority, used to state it for the records - [Laughter] - they are doing the same.
rose
Madam Speaker 11:45 a.m.
Yes, Hon Member?
Time is running; already one hour has passed. But I will extend --
Papa Owusu-Ankomah 11:45 a.m.
You have
the power; you have the power to extend it. Madam Speaker, I would urge the House if Cabinet meetings will prevent Ministers from attending upon the House to answer Questions, then they should not schedule Questions on Cabinet meeting days. That is the best.
Madam Speaker 11:45 a.m.
Thank you, Hon Member; that was a useful intervention.
Mr. E. T. Mensah 11:45 a.m.
Madam Speaker,
indeed, the Leadership over here are aware of the fact that Thursdays are Cabinet meeting days. Today, there was a Cabinet Minister who came and answered a Question here. The Hon Minister for Water Resources, Works and Housing also came to answer the Question but because of the floods and other emergencies, he was summoned. So he told us and obtained permission.
So it is not as if we are not aware; we are aware. We saw one of the serious Cabinet Ministers here.
Madam Speaker 11:45 a.m.
Hon Justice Joe
Appiah, Ablekuma North, kindly ask your Question?
MINISTRY OF WATER 11:55 a.m.
RESOURCES, WORKS AND 11:55 a.m.
HOUSING 11:55 a.m.
Mr. J. J. Appiah 11:55 a.m.
Madam Speaker, can I ask the Hon Deputy Minister what ad hoc measures can be taken in order to get free flow of water from the Lafa Stream?
Dr. Bisiw 11:55 a.m.
Madam Speaker, I
would like with your indulgence to read again the measures that we have here. [Interruption.] Please, the question again.
Mr. J. J. Appiah 11:55 a.m.
Madam Speaker,
my people are dying in Ablekuma North and I am asking her, what are the ad hoc measures, immediate measures that can be taken to get free flow of water.
Dr, Bisiw 11:55 a.m.
Madam Speaker, the
immediate measures are to demolish structures in the drain ways.
Mr. Appiah 11:55 a.m.
Madam Speaker, this
cannot work because - [Interruption] - 41 houses to be demolished? Madam Speaker, 41 houses to be demolished? How soon?
Dr. Bisiw 11:55 a.m.
Madam Speaker, very soon.
Mr. Appiah 11:55 a.m.
Madam Speaker, people
in Ablekuma North are dying. Madam Speaker, I want her to be specific because the rains are still coming and I want her to give us an immediate answer because Lafa is just over turning cars; people's houses are submerging. So how soon? I want a definite time. I want the date; something immediate that can be taken.
Madam Speaker 11:55 a.m.
Hon Member, do
you want a date and time? Are you sure it is a legitimate question?
Mr. Appiah 11:55 a.m.
Madam Speaker, yes.
My people are dying.
Madam Speaker 11:55 a.m.
Hon Member,
she said soon. Anyway, I will allow her to answer the question. Hon Deputy Minister, please, answer the question for us.
Dr. Bisiw 11:55 a.m.
Madam Speaker, as I said, it is going to be very soon. There is a committee in place working on that. So it is going to be very soon.
rose
Madam Speaker 11:55 a.m.
Hon Member, you
have finished your three questions now, so I am going this way.
Mr. J. K. Avedzi 11:55 a.m.
Madam Speaker,
according to the Hon Deputy Minister's Answer to the Question, 41 houses would be demolished to pave way for free flow of water into the Lafa Lagoon.
Madam Speaker, I want to find out from the Hon Deputy Minister, whether the owners of these houses would be contacted and the issue explained to them for them
Dr. Bisiw 11:55 a.m.
Madam Speaker, yes, it
would be done.
Dr. Osei 11:55 a.m.
Madam Speaker, today on
Madam Speaker 12:05 p.m.
Your question
was two-pronged. Ask one question. You asked two questions in one, ask one question.
Dr. Osei 12:05 p.m.
Madam Speaker, today on
television, the Deputy Minister, I heard her very clearly saying that the reason people build in these water areas is because of indiscipline. Can the Deputy Minister tell this House if the owners of these 41 houses, which are going to be demolished, would be disciplined and if so, when? Is she prepared to discipline owners of these structures?
Madam Speaker 12:05 p.m.
Honourable,
your question is - what do you mean “disciplined”? Make it clear, she said “discipline” -
Dr. Bisiw 12:05 p.m.
Madam Speaker, yes, on this
floor, I do not think I used “indiscipline”. Yes, I did use it on the television. Just the fact that you build illegally in the drain- way is indiscipline enough and if you invest money into a structure and after a while it is demolished, I do believe that it is a punishment enough.
Thank you, Madam Speaker.
Madam Speaker 12:05 p.m.
We are moving on

to the third Question.
rose
Madam Speaker 12:05 p.m.
Hon Member, if it
is time, I will not hear you because one hour has long passed but I am extending it to finish with the Deputy Minister. If it is time you are going to complain about --
Mr. Owusu-Agyemang 12:05 p.m.
Madam
Speaker, I crave your indulgence but we are all up -- [Interruptions.] I see that the Standing Order does not limit how long you can extend it. There is no other business after this one and I could see over ten people wanting to ask questions. So I crave your indulgence to let it - there is no other business after this Question. There is no other business and so we should be able to ask questions and exhaust them. We should be serious --
Madam Speaker 12:05 p.m.
Honourable, you
Mr. Owusu-Agyemang 12:05 p.m.
I was asking for your indulgence, Madam Speaker, that is what I said.
Madam Speaker 12:05 p.m.
Because it is you

Binduri Water System (Problems)

Q 67. Mr. Stephen Yakubu asked the Minister for Water Resources, Works and Housing what steps were being taken to resolve the water problems in the Binduri Constituency, particularly the number of boreholes that would be provided this year, and when the Binduri Water System project would be completed.
Dr. Bisiw 12:05 p.m.
Madam Speaker, a
Government priority project is currently
running under which five boreholes are slated to be drilled in five communities in each district of the country. The com-munity of Tansia in the Binduri Constituency under the Bawku Municipal Assembly, is a beneficiary community of the project. A consultant and a drilling contractor have been engaged by the Bawku Municipal Assembly under the auspices of the Community Water and Sanitation Agency (CWSA) to select sites and effect drilling respectively. The works are scheduled for completion by the close of this drilling season in the northern part of the country, that is, December 2009.
Madam Speaker, the Binduri Small
Town Water Supply System was completed in 2001, under a co-financing arrangement between the Government of Ghana, CIDA-funded Gap Phase II and the IDA. The system was originally powered by a generator which made it difficult for the Water and Sanitation Development Board to operate and maintain the system in conjunction with the Binduri Community. This led to the collapse of the system within one month of inauguration.
Madam Speaker, the Community Water
and Sanitation Agency (CWSA) has evaluated the current status of the system, and it is estimated to cost GH¢150,000 to rehabilitate the system so as to supply Binduri with uninterrupted supply of water. Indeed, the estimates have been factored into the 2009 investment budget of CWSA. The following will be undertaken on the Binduri Small Town Water Supply System to reactivate it:
a) drilling an additional borehole to augment the existing source of water
b) connecting the system to the national grid
c) laying a new transmission line
d) constructing a new pump house and also expanding the existing distribution network.
Madam Speaker, project profiles in all the ten regions under CWSA's investment budget are currently being reviewed. As soon as the review process is completed, the CWSA will initiate a process of procurement for the rehabilitation of the Binduri Small Town Water Supply System, which will take four (4) months to complete.
Mr. Yakubu 12:05 p.m.
Madam Speaker, can the Minister explain to me why only Tansia has been chosen though in November last year, hydrologists cited both Tansia and Baasi for boreholes.
Dr. Bisiw 12:05 p.m.
Madam Speaker, I think I will need time on this. I will come back with the answer
Mr. Yakubu 12:05 p.m.
Madam Speaker, I hope the Deputy Minister will come in time to give me the answer because it is a very, very important answer and I need it.
My next question on it is, is the Deputy Minister aware that the water system is already connected to the national grid? Is she aware?
Dr. Bisiw 12:05 p.m.
Madam Speaker, in the two
communities, that is the Answer to his first Question, they have been selected and I am not aware of it, not yet.
Thank you.
Mr. Yakubu 12:05 p.m.
Madam Speaker, my
third supplementary question. Is the Deputy Minister also aware that the reason why the system is not actually working is merely a control panel which is estimated at eleven hundred Ghana cedis, that is,

GH¢1100 which was broken down and taken to Bolgatanga for repairs? Can tell me when this panel will be back in Binduri?
Dr. Bisiw 12:05 p.m.
Madam Speaker, I am not
aware and I need notice, so I would get back to you.
Mr. C. S. Hodogbey 12:05 p.m.
Madam Speaker,

My question is, according to her

Answer, the system collapsed immediately after one month, I would like to know if any effort had been made since 2001 to repair the system.
Madam Speaker 12:05 p.m.
Hon Deputy
Minister, did you hear the question?
Dr. Bisiw 12:15 p.m.
Madam Speaker, yes. It is being worked on. We are working at reactivating the system.
Madam Speaker 12:15 p.m.
We are going to take two more. Hon Asiamah, ask your question; one question.
Mr. I. K. Asiamah 12:15 p.m.
Madam Speaker, I think paragraph 2, the Hon Deputy Minister said and with your permission, I beg to quote:
“Madam Speaker, the Binduri Small Town Water Supply System . . .”
Dr. Bisiw 12:15 p.m.
Madam Speaker, when we

talk about small towns, I do believe that this Honourable House does know that we have the rural areas -- [Laughter] -- We have the small towns - [Pause] -- We have the rural communities and we have the small towns that have a population of between 1,500 and 10,000.
rose
Madam Speaker 12:15 p.m.
We are now moving on to item 5. Hon Members, I think by popular request, we have two more questions, one from here, one from there. Yes -
Mr. Dan Botwe 12:15 p.m.
Madam Speaker, in the Hon Deputy Minister's response -- [Pause] - Madam Speaker, in the Hon Deputy Minister's response, she said project profiles in all the ten regions under CWSA's investments budget are currently being reviewed. Why are they being reviewed, and is it true that they are being reviewed with some partisan consi-derations?
Dr. Bisiw 12:15 p.m.
Madam Speaker, yes, the project profiles in all the ten regions are under review. There are no partisan considerations. They are being reviewed so that those that might need more funding and other things that are connected will be seen.
Madam Speaker 12:15 p.m.
Well, if there is no question from this side, we will move on.
Hon Deputy Minister, thank you very much for honouring our invitation to come and answer these Questions. Thank you.
We move to item 5 - Laying of Papers.
Mr. E. T. Mensah 12:15 p.m.
Madam Speaker, the Report of the Committee on Lands and Forestry on the Annual Report of the Office of the Administrator of Stool Lands is not ready. The Chairman of the Committee just told me that they are not
ready yet with their report. They will go on a retreat and next week, the report will be ready. So we want your leave to stand it down, item 5 (a), I, ii, iii.
Madam Speaker 12:15 p.m.
Hon Member, when you say stand down, do you mean for later on in the day?
Mr. E. T. Mensah 12:15 p.m.
Madam Speaker, for reschedule. It will be rescheduled next week because the report is not ready.
Madam Speaker 12:15 p.m.
Item 5 (b)- Chairman of the Committee -
Mr. Kwame Osei-Prempeh 12:15 p.m.
Madam Speaker, the Committee has met, but I have told the Leader of the House that we have found some problems with it and so the Leader of the House should advise the sponsors to withdraw it and do some work before they bring it back. So I am surprised that it is being advertised that the report will be laid. Madam Speaker, it cannot be laid now, it is not ready.
Madam Speaker 12:15 p.m.
We move to item 6 - Motions. Chairman of the Committee should move the motion?
MOTIONS 12:15 p.m.
Chairman of the Committee (Mr. J. K. Avedzi) 12:25 p.m.
Madam Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Annual Report of the Internal Audit Agency for the year 2006.
Madam Speaker, in doing so, I wish to
present your Committee's Report.
1.0 Introduction
The Report of the Internal Audit Agency (IAA) was laid in the House on 9th June 2009 in pursuance to section 23 of the Internal Agency Act, 2003 (Act 658). The Report was accordingly referred to the Finance Committee of Parliament for consideration and report.
1.1 Scope of the Annual Report
The scope of the Annual Report provided details of the Agency's activities and its actual expenditure as compared with the budgeted expenditure for the year 2006. It also highlights the significant findings arising from the comprehensive assessment made of the operations, professional resource, organizational status, mandate and general performance of internal audit units in the Ministries, Departments, and Agencies (MDAs) and Metropolitan, Municipal and District Assemblies (MMDAs). The highlights of the audited financial statement is attached. (Appendix “A”).
1.2 Acknowledgement
The Committee met and deliberated on the Report. The Committee wishes to commend the Board and Management of IAA, Mr. Patrick Nomo, the Director- General and officials of IAA for the efforts made in achieving the objectives of the Agency in line with good corporate governance.
1.3 Reference
The Committee made reference to the following documents during its deliberations:
i. The 1992 Constitution of Ghana

ii. The Standing Orders of Par- liament

iii The Internal Audit Agency Act 2003 (Act 658)

iv. The Financial Administration Act 2003 (Act 654)

v. The Public Procurement Act 2003, Act (633)

2.0 Background

The IAA was established in 2004 by Act 658 to set up standards and procedures for the conduct of internal audit activities in the MDAs and MMDAs. The Agency is further required by Act 658 to ensure financial, managerial and operating information reported internally and externally is accurate, reliable and timely. The Agency was also to ensure that financial activities of MDAs and MMDAs are in compliance with laws, policies, plans, standards and procedures.

3.0 Activities in 2006

Specific activities undertaken in 2006

were mainly geared towards achieving quality assurance for internal audit activities with MDAs and MMDAs. The specific activities were as follows:

i. Establishment of secretariat of the Agency including acqui- sition of office accommodation and recruitment of Internal Audit Staff.

ii. Build working relationship with major stakeholders such as Controller and Accountant-

General's Department, Ghana Audit Service, Office of the Head of the Civil Service, Public Procurement Authority and the Institute of Internal Auditors to obtain technical assistance to assess the skill and training required by staff of MDAs and MMDAs.

iii. Conduct training for 965 internal audit staff for MDAs and MMDAs in modern internal audit techniques to implement the three financial management laws, namely; the Financial Administration Act 2003 (Act 654), Internal Audit Agency Act 2003(Act 658), and the Public Procurement Act 2003, (Act 633).

iv. Procured technical assistance from a consulting firm for the development of the internal audit regulations and standards for the effective implementation of Internal Audit Act 2003, (Act

658).

4.0 Observation

i. Assessment of the Administrative Operations

The Committee observed that the Agency focuses mainly on management operations. The Agency during the year under review, presented its findings on the Internal Audit Units (IAUs) of the MDAs and the MMDAs and details of expenditure to the President in accordance with section 23 of the IAA Act 2003 (Act

658).

ii. The Committee further observed that the Agency procured technical assistance from a consulting firm for the development of the internal audit regulations, internal auditing standards, audit manual and audit programmes. The regulations and standards received the Board's approval for further action, but this is yet to be approved by the Board for adoption by the internal audit units of the MDAs and MMDAs. The Agency also collaborated with Audit Service to develop guidelines for formation, composition and operation of Audit Reports Implementation Committees (ARICs) in the MDAs and MMDAs.

iii. The Committee was informed that the guidelines were signed jointly by the Auditor-General and the Director-General of IAA, and copies of the guidelines were circulated to all MDAs and MMDAs for implementation. The Committee was of the view that the effectiveness of the ARICs in the MDAs and MMDAs is crucial to the achievement of the objectives of internal auditing. iv. Assessment of Field Operations

The Committee was informed that the Agency conducted some field operations during the year under review with the aim of monitoring the submissions of internal audit charter and annual audit plan and internal audit reports by the internal audit units of the MDAs and MMDAs. The feedback from the field operations is communicated to the MDAs and MMDAs for further action.

The Committee was also informed that field operations continued in 2007, focusing on building professional capacity of the IAUs and also providing the audit units with technical tools to improve their performance. However, the Agency identified fuel consumption, use of official vehicles, contract awards and execution, store management and payroll as high risk areas for internal audit units.

v. Assessment of Professional Resources

The Committee noted with concern, that 42 institutions covering 58 per cent had no Audit Report Implementation Committees (ARICs) in place with mandate to consider and implement audit reports.

The Agency therefore needs further collaboration with the Auditor-General's office to facilitate the process and to ensure that MDAs and MMDAs set up their Audit Implementation Committees.

vi. Quality of Audit Reports

The Committee observed that out of 121 internal audit reports received, only 25 met the quality standards of the Agency's expectation in terms of form and content. The remaining 96 fell short in the following areas:

i. Improper development of audit findings

ii. Non-inclusion of management responses and

iii. Poor follow-up of previous audit recommendations
Mr. Dominic B. A. Nitiwul (NPP - Bimbilla) 12:25 p.m.
Madam Speaker, I rise to second the motion on the floor, that this Honourable House adopts the Report of the Finance Committee on the Annual Report of the Internal Audit Agency for the year 2006.
Madam Speaker, your Committee, in looking at the Report, came out with certain findings and I will just highlight a little of what the Chairman read, and Madam Speaker, with your permission, I quote:
“(iv) The Committee observed that the MDAS and MMDAs were not complying with the statutory regulations and government directives.”.
Madam Speaker, this non-compliance, especially in the unauthorized use of internally generated funds is causing a serious problem in every sector of the economy. Madam Speaker, we had a discussion and we thought that this was caused mainly with the Act itself.
SPACE FOR TABLE 12:25 p.m.
R 12:25 p.m.
Mr. P. C. Appiah-Ofori (Asikuma/ Odoben/Brakwa) 12:35 p.m.
Thank you very much, Madam Speaker, for giving me this opportunity to make a very brief intervention.
Madam Speaker, let us look at section 23, (2) of the Internal Audit Agency Act and with your permission, I want to quote:
“The President shall cause the report with such comments as the President determines, to be laid before Parliament by the Minister.”
Madam Speaker, the law says that the Internal Audit Agency Board shall submit its report to the President within three months after each financial year, and it goes on further to say that the President will submit it to Parliament with his comments. The comments the President should have made should be evident in the Finance Committee's Report. So if there is no comment, if there is no report, any document from the President to this House then it means that the document is not properly laid in the House. The law says, the report goes to the President and the President brings it to the House with his comments - [An Hon Member: No.] Madam Speaker, with your permission, let me quote it if he says no -- [Inter- ruptions.]
“23 (1) The Board shall not later than three months after the end of each financial year submit to the President a report of the activities of the Agency in respect of the preceding financial year and shall in the report
“(a) state its findings on acti- vities of the internal audit units of the MDAs and the MMDAs
“(b) provide details of its expenditure for the pre- ceding financial year as compared with its budgeted expenditures for that year
“(2) the President shall cause (mandatory) the report with such comments as the President determines to be laid before Parliament by the Minister.”
The President is not going to send this one to us here. He is bringing this with his comments and that is the reason why the Report should go to him.
Madam Speaker, internal audit is intended to prevent fraud - universally - Madam Speaker, universally, the Internal Auditor's Reports to the Chief Executive of the organization -- By article 58, clause (1) of the Constitution, the President is the Chief Executive of this country. He is the highest holding authority of the country, hence, the Internal Auditor's Report to the President through the Agency. So the Auditor's Report put together must come to the Agency. The Agency will register the shortcomings, irregularities, fraudulent practices which have been detected by the Internal Auditors and the matter should then be reported to the President. And as a Chief Executive, he passes on his comments and brings this one to us here. Where is it? Has it been complied with?
Madam Speaker, has this statutory provision been complied with? If not, then the document ought not be here [An Hon Member: President Kufuor did not comply with it.] I am not interested in whether President Kuffuor did it or not. I am not interested -- What I am interested in here is that the President should bring it here, and has it been done? If it has not been done then the document is not properly before us. The statutory provision has not been complied with.
rose
Mr. Appiah-Ofori 12:35 p.m.
Sit down. Let me finish - [Laughter.]
Madam Speaker 12:35 p.m.
Hon Member, he has the right to stand up. He may be making a point of order, we do not know. Let him go on.
Mr. Avedzi 12:35 p.m.
Thank you, Madam Speaker. Madam Speaker, I just want to call the attention of my Hon Friend who is my father as well - I call him father because he is older than me by 21 years.
Madam Speaker, included in this Report, which is before the House (which has been referred to the Committee on which we work) is the financial statement of the Internal Audit Agency itself which was signed on the 28th of February, 2007 and this was referred to His Excellency the President. If the President finds nothing about this Report on which comments should be made, the Report in this format will be referred to this House and that is exactly what has been done. That is why your goodself has referred this Report to the Committee on which we work and I think what he is saying is rather unfortunate.
Madam Speaker 12:35 p.m.
That was a point of correction.
Mr. Appiah-Ofori 12:35 p.m.
Madam Speaker,
at all times, we must consider Ghana's interest first, we should stop politics here and there. Ghana first. Somebody is murmuring. Because I said Ghana first, he is angry with me. I have said it. If you like, go and commit suicide - [Laughter.] Yes, if the cap fits somebody, he should go and wear it. [An Hon Member: Cool down]. What is happening? Any time I talk, you have people criticizing even if it is good - empty criticisms. Madam Speaker, let us move on - [Laughter.]
Madam Speaker, [An Hon Member: It is all right.] Let him stand up and do
rose
Madam Speaker 12:35 p.m.
Hon Member, speak into the microphone. I am finding difficulty in hearing you. [Pause.] Hon Member, have you finished?
Mr. Appiah-Ofori 12:35 p.m.
I thought you are giving the floor to the gentleman standing there.
Madam Speaker 12:35 p.m.
You are repeating yourself. You said so. So move on to another topic.
Mr. Appiah-Ofori 12:35 p.m.
Yes, let me go on. Yes, because the Chairman contradicted me, that is why I am trying to explain - [Interruption.]
Madam Speaker 12:35 p.m.
He said it is a point
of correction. He has had his say. So you go on with your intervention.
Mr. Appiah-Ofori 12:35 p.m.
Thank you very
Madam Speaker 12:35 p.m.
Hon Member, let me take a point of order.
Mr. Opare-Ansah 12:35 p.m.
Madam Speaker, I rise on a point of order, specifically, Order 93 (2). I believe we are all in the Chamber and we have not seen anybody issue a threat or obstruct the Hon Member who has taken the floor. He is free in making his comments and contributions. And I believe that it is proper that as we make our comments and contributions, we
address Madam Speaker who is presiding over this Sitting.
The Hon Member on the floor is making allusions, casting aspersions here and there and letting all of us here feel bad as though we are attacking his personality or thoughts. I believe the language that he is using is improper. He must withdraw it and apologise to this House and then continue with his contribution.
Thank you.
Madam speaker 12:35 p.m.
Hon Appiah-Ofori, he says you must withdraw what you said.
Mr. Appiah-Ofori 12:35 p.m.
Madam Speaker, what should I withdraw? He should be specific. What should I withdraw?
Mr. Opare-Ansah 12:35 p.m.
Madam Speaker, I believe we are here to listen to each other and comment and debate. If he tells other Hon Members that we will say what he has to say and if we do not agree with him, we can go and commit suicide, then Madam Speaker, we will have 228 by-elections and he will be the only person left in this Chamber.
Thank you.
Mr. Appiah-Ofori 12:35 p.m.
Madam Speaker, does this require withdrawal? Is it an offence? Does it offend anybody?
Madam Speaker 12:35 p.m.
Hon Member, you are permitted to have your say but whether it is accepted or not, should not concern you. Everybody has his or her say. They say you said they should commit suicide and they do not take kindly to that direction. What do you say?
Mr. Appiah-Ofori 12:35 p.m.
Madam Speaker, if you are asking me to withdraw, who am I not to? But if you do not ask me to withdraw, I will not withdraw it - [Laughter] -- because I have not said anything which is inimical. But if you direct me to withdraw, I will respect you
and withdraw.
Madam Speaker 12:35 p.m.
Hon Member, I do not want to commit suicide. So withdraw - [Laughter.] I am asking you to withdraw that bit.
Mr. Appiah-Ofori 12:45 p.m.
Madam Speaker, I also do not want you to commit suicide, so I withdraw it.
Madam Speaker 12:45 p.m.
Have you finished now?
Mr. Appiah-Ofori 12:45 p.m.
No. Madam Speaker. Let us look at even the Report itself. The Internal Auditors came out with the financial statement showing an adverse variance of personal emolument of ¢675,981,706, adverse variance over expenditure over withdrawal. In the administrative expenses, average variance amounted to ¢422, 443,487. In accounting, the proper thing the Board should have done was to give reasons for these variances.
What brought about these variances because it is an irregularity which requires remedial action and Parliament would have no course of action unless we know the causes of these adverse variances -- what brought about this over expen-diture. Has it been explained? And if you have not explained, if it is as a result of fraud, if it is as a result of pay-roll fraud Parliament cannot take any remedial action because we have not been given the causes for this. Do you think we have to entertain this Report?
Madam Speaker, at all times, we should insist on the right thing to be done. The Internal Audit Agency is to protect the State resources and when adverse variances or anything adverse is found, somebody must take remedial action. That is why it is going to be reported to the President. It has gone to the President

and the President has referred it to us. So you may look into it; what went wrong?

If you look at the Report, many things went wrong and what are we doing?
rose
Madam Speaker 12:45 p.m.
Hon Member, I am taking a point of order.
Mr. Avedzi 12:45 p.m.
On a point of order. Madam Speaker, the point that the Hon Member is raising is relevant. In fact, the same issue was raised at the Committee level when we realised that the actual expenditure for items 1 and 2 were more than the budgeted figure. The explanation that we received was that, in 2005 when the Internal Audit Agency started operating, they were under the Ministry of Finance and Economic Planning.
So in budgeting for 2006, they did not do proper budgeting. The figures were put down there because they did not actually know the size of even the staff. So in 2006, when more staff were procured, at the end, they had spent more than that for which they had budgeted because there was no basis upon which they could do the actual estimates for that.
That does not mean that they were paid more than what they were supposed to receive because the defect was from the budget figure. This is because from 2005

they were under the Ministry of Finance and Economic Planning.

It was in 2006 that they were on their own and in budgeting in 2005 for 2006, proper budgeting was not done. That was explained in the main Report itself. So if he can go back to the main Report and read that one, that would explain the situation.
Mr. Appiah-Ofori 12:45 p.m.
Madam Speaker, he has not found anything wrong with what I said. [Interruption.]
Madam Speaker 12:45 p.m.
Other Hon Members want to contribute; wind up, please. You cannot have the whole time to yourself.
Mr. Appiah-Ofori 12:45 p.m.
Madam Speaker, what I am trying to say here is that even what he is saying is not in the Report. This explanation that he is giving should have been captured here; it is not here. As I have said, when variances are extracted, there must be explanations contained in this one; where is it? So if we are not prepared to do the right thing and they are criticising, let us leave them to their own devices.
Thank you very much.
Dr. Osei 12:45 p.m.
On a point of order. Madam Speaker, my Hon Senior Colleague has a copy of the Report he is referring to. The Committee does not have to reproduce the Report which has been distributed to all Hon Members. Our job is to read the Report so that when they bring it, we can contribute. I expect that he should have read that Report. There is no mention of any irregularity. He is completely misleading this House.
The fact that he is an accountant or auditor does not mean that he can bully us. His job is to read the Report. The Committee has done what it is supposed to do and all of us have read the Report, there is no mention of any irregularity and then he stands up and says in accounting terms.

There are positive variances, he conveniently refuses to address the positive variances and gives the impression there is an adverse finding. This is not proper for this House and he should withdraw.
Mr. Appiah-Ofori 12:45 p.m.
Madam Speaker, you see, it is unfortunate, he is a young man. This is the second time - [Inter- ruption.] Sit down and let me finish talking. [Interruption.]
Alhaji I. D. Abubakari (NDC - Salaga) 12:55 p.m.
Madam Speaker, thank you for this opportunity. The Hon Members who spoke earlier talked about internal audit report, discussing with management and he would have wished that they did not discuss with management before sending the report to the Internal Audit Agency.
But what I want him to know is that internal audit is part of management. In fact, if you understand the role of the words, “internal auditor”, it is that part of management which has been given the responsibility to see that the controls that management has put in place are being complied with. Let us not confuse internal audit roles with those of external audit and I think some of my Hon Colleagues are getting that confusion.
Let me tell you, that there is a problem concerning the role of internal audit. If you read the Act -- in fact, the Act of the Internal Audit Agency says that the internal auditor should report to the Director-General but the Local Govern- ment Act, if you read it, the internal auditor is to report to the Presiding Member and this conflicting role is there, which I think and hope they would have brought so that the Committee would look at it.
If you read the Local Government Act, it says that the internal auditor in the Municipal, Metropolitan and District Assemblies (MMDAs) should report to the Presiding Member. When you read the Internal Audit Agency Act, it is telling you that the internal auditor should report to
the Director-General of the Internal Audit Agency. So the internal auditor becomes confused.
But we all know that the internal auditors of the MMDAs are members and staff of that particular MMDAs. In fact, they do not report to the Internal Audit Agency. If you do not know, go and read the Act very well.
I happened to be the Director of Internal Audit of the Ministry of Local Government and Rural Development and that was my last job before I came here and I know that all the internal auditors of the MMDAs report to the management of the MMDAs. They do not report to the Internal Audit Agency. They are supposed to give a copy of their reports to the Internal Audit Agency which would comply with the reports and as he put it right, send it to the President.
If the internal auditor cannot report to the management, then who does he report to? How would the report be relevant if he does not send it to management? And that is the reason why we should understand that - And you cannot write the internal audit report without discussing it with management.
I quite remember, Madam Speaker, when I was the Director of Internal Audit, there were many cases last year, where internal auditors wrote reports of the District Chief Executives (DCEs) without discussing with them and sent them straight, which was wrong. They did not even add the report of the DCEs and this became a controversy at the Ministry of Local Government and Rural Development where we had to investigate it.
Therefore, to say that the internal auditors should not discuss their reports with their management, I think it is a misnomer; it must be corrected.
No where even within the ethics of auditing you can complete an audit report without necessarily discussing it with management.
Let us come to another issue I want to raise, Madam Speaker. Another problem is that the internal audit staff are really poorly paid that the MMDAs do not have qualified internal auditors. I can cite you an example. No wonder that the Report states somewhere that out of the 121 audit reports only 25 met the quality standard.

If you have poor staff at the internal audit unit, how do you expect to have quality reports? I will cite you an example, when you take the Controller and Accountant-General, I remember when I was a staff there, my salary there was almost 18,000,000 old Ghana cedis. When I became a staff of the internal audit unit, I was taking about 6,000,000 old Ghana cedis; one third of that. Tell me, as a professional, who would go and take such a low amount of salary in the internal audit unit?

So what I expected the internal audit Agency to do was to raise the salaries of the staff so that they would attract quality and professional staff into the internal audit units who can provide quality stuff there.
Mr. W. O. Boafo (NPP - Akropong) 12:55 p.m.
Madam Speaker, it is a short intervention. Madam Speaker, the Committee had done a good job. But I realized that in some aspects, they made certain findings without coming up with as to how the problems should be solved. On page (4),
Dr. Osei 12:55 p.m.
On a point of order! Madam Speaker, my Hon co- Colleague is referring to the Committee identifying the high risk areas. Madam Speaker, that is incorrect. The Report says “the Agency”, that is the Internal Audit Agency (IAA) identified those high risk areas. It is not the Committee that identified them; therefore, we are expecting a recommendation from the Committee.
This is by the Agency and it has in the Report told us how it is going to do it; but not the Committee. So he is referring to the Agency and the Committee at the same time. That is inaccurate.
Mr. Boafo 12:55 p.m.
Madam Speaker, I
believe eventually it is the Committee which has adopted the findings of the Agency itself. The issue is that the Committee should have gone further to make recommen-dations as to how it could resolve these problems. I was referring to the poor quality of the audit reports. They were able to identify the factors which contributed to the poor quality, but there were no recommendations. In certain aspects too, there were recommendations
but they fell short of the expectations.
Madam Speaker, if we refer to the area where they are complaining about the absence of Audit Report Implementation Committees in the Metropoli tan, Municipal, District Assemblies (MMDAs), they are inviting the Auditor-General to cure this defect. But Madam Speaker, this is very important. This Committee, within the MMDA's are very important and I believe we should go further by giving the Auditor-General a deadline - time line within which this thing should be implemented within the MMDAs so that the internal audit process in the MMDAs could be carried out effectively.
Madam Speaker, the lack of permanent accommodation is something which should also attract our attention under paragraph (8) on page (5). It has been recommended that they should be given funds to acquire their own premises. Madam Speaker, I would say that in the interim, there should be a recommendation for them to be given sufficient money to go in for medium-term lease instead of waiting for money to put up their own premises.
Madam Speaker, I thank you for the
opportunity.
Madam Speaker 12:55 p.m.
One more -- [Interruption.]
rose
Madam Speaker 12:55 p.m.
I was looking at the right side of the House first but nobody, so I will give one more to Members on the left side.
Mr. S. A. Akyea (NPP - Akim Abuakwa South) 12:55 p.m.
I am most grateful Madam Speaker.
Madam Speaker 12:55 p.m.
Honourable, are you appearing for the Hon Member here? [Laughter.]
Mr. Akyea 12:55 p.m.
No, no, Madam Speaker - [Interruption.]
Madam Speaker 12:55 p.m.
No? You have not raised the matter. You are now complaining that I have not ruled. Have you asked me to rule anything nor did he? He referred to it and he got a reply as to how it is laid. And so I had to make a choice, I accepted that he made no comments; then for you to get up at this stage and say that. Has he employed you as his Lawyer here? [Laughter.] If you are making a point yourself, then go ahead and make it.
Mr. Akyea 12:55 p.m.
Madam Speaker, I am
Madam Speaker 12:55 p.m.
It does not matter, do not rely on something that somebody has said. If you want to raise a legal matter, raise it directly., but not to stand here and say that you are surprised that Madam Speaker has not ruled on it. [Inter- ruptions.] I will close the debate. It is time now and we will move on [Pause] -- the debate is closed - [Interruption.]
rose
Madam Speaker 12:55 p.m.
Hon Member, please, sit down. I am speaking -- please, Hon Appiah-Ofori, sit down.
Question put and motion agreed to.
Resolved
That this Honourable House adopts the Report of the Finance Committee on the Annual Report of the Internal Audit Agency for the year 2006.
We move on to item (7) - motion, Chairman of the Committee, you may move your motion now.
Mr. E. T. Mensah 1:05 p.m.
Madam Speaker, the Chairman is out of the country and I beg of you to ask for leave to allow Hon Alfred Agbesi to move motion (7).
Thank you -- [Interruption] [Pause.]

Madam Speaker, the Chairman of the

Committee is out of the country on an official duty and I am, therefore, asking
rose
Mr. Ambrose P. Dery 1:05 p.m.
Madam
Speaker, I just want to bring to your attention the fact that there is an Hon Member who wants to raise some preliminary issue which is of importance.
Madam Speaker 1:05 p.m.
On what? We have
moved to another item, preliminary issue on what?
Mr. Dery 1:05 p.m.
Before that, he can move
Madam Speaker 1:05 p.m.
Let us move on,
Hon Dery. We are now on item 7, we are moving a motion.
Mr. Dery 1:05 p.m.
Madam Speaker, if there is
an issue of quorum, it can be raised at any time. It is a point of order.
Madam Speaker 1:05 p.m.
Then you raise it,
if you think you want to raise the issue of quorum, you can raise it but you are also acting as solicitor and counsel for somebody - [Laughter.] Do you know what is in his head? I know you are very honourable and an experienced lawyer, if you want to move anything or if you want to raise a preliminary issue, you can raise it.
Mr. Dery 1:05 p.m.
Madam Speaker, as a
Madam Speaker 1:05 p.m.
No, you are a very Honourable Leader and I appreciate that.
Mr. Dery 1:05 p.m.
That is so, Madam Speaker. So Madam Speaker, it is my duty to bring such a thing to your notice and as I have done so, I would rather that he be allowed to raise what he wants to raise.
Madam Speaker 1:05 p.m.
Did he consult you?
Mr. Dery 1:05 p.m.
Yes, he communicated it
to me. Madam Speaker, as a Leader, they send information to me if they think they have a problem, so it is my duty to draw your attention to that.
Madam Speaker 1:05 p.m.
Yes, but all you
can do is to draw my attention to him to catch my eye.
Mr. Dery 1:05 p.m.
That is what I am doing.
Madam Speaker 1:05 p.m.
That is what it is
-- all right. [Laughter.] Hon Member, you have caught my eye.
Mr. Joseph Osei-Owusu 1:05 p.m.
Madam
Madam Speaker 1:05 p.m.
I will check it and

Hon Member, thank you. We have ten

minutes to ring the bell and wait to see whether we get the quorum. So give us ten minutes and if at that time we still do not have the quorum - Clerk, can you ring the bell now?

I see some people going out even though a quorum has been raised and we are still deciding on it. I do not think it is very honourable to walk out when we are trying to remedy a situation. But I will hear from the Deputy Minority Leader.
Mr. Dery 1:05 p.m.
Madam Speaker, the Whip
is trying to whip Members to rather come. But Madam Speaker, the position clearly is that, we can debate it just that we cannot take the Question. But we are actually trying to see if we can get our Members to come. I am told by the Chief Whip --
Madam Speaker 1:05 p.m.
Hon Member, but
I am saying that yes, I agree but I have seen some people walking out at this stage -- [Interruptions.] Well, I grant them. I have not had water but I grant them that - [Laughter.]
In the meantime, can we carry on?
Madam Speaker 1:05 p.m.
So where is the
Hon Member to move the motion? Hon Member, move the motion?
Ninth Annual Report of CHRAJ --
2004
Mr. Alfred Kwame Agbesi (on behalf of the Chairman of the Committee) 1:05 p.m.
Madam Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Constitutional, Legal and Parliamentary Affairs on the Ninth Annual Report of the Commission on Human Rights and Administrative Justice for the period January 1, 2004 to December 31, 2004.
And Madam Speaker, I wish to bring the Report of the Committee to this House.
1.0 Introduction

The Commission on Human Rights and Administrative Justice (CHRAJ) in accordance with article 218(g) of the Constitution presented its annual report for the year 2004 which was laid in Parliament on 3nd June, 2009. Madam Speaker referred the document to the Committee on Constitutional, Legal and Parliamentary Affairs for consideration and report pursuant to article 103(3) of the Constitution and Standing Order 179 of the House.

2.0 Deliberations

The Committee met on Tuesday, 9th June, 2009 to consider the referral. The Deputy Commissioner for CHRAJ, Mr. Richard Quayson and two other officials of the Commission were in attendance at the invitation of the Committee to assist in deliberations. The Committee is grateful for their attendance and input.

3.0 Reference Documents

The Committee in considering the referral made reference to the following documents:

a) 1992 Constitution

b) Standing Orders of Parliament

a) The Commission on Human Rights and Administrative Justice Act, 1992, (Act 456)

4.0 The Commission on Human Rights and Administrative Justice

The Commission on Human Rights and Administrative Justice exists to enhance the scale of good governance, democracy, integrity, peace and social development by promoting, protecting and enforcing fundamental human rights and freedoms and administrative justice for all persons in
Mr. Alfred Kwame Agbesi (on behalf of the Chairman of the Committee) 1:05 p.m.


its limited number of lawyers to other sister-institutions with more attractive condi-tions of service. Currently, the Commission has only 20 lawyers at post, which is just not enough for the handling of the numerous cases it is inundated with.

The Committee further identified the delay in release of funds by the Ministry of Finance and Economic Planning, especially during the last quarter of the year, that is, October to December. This challenge has continuously undermined the Commission's effort over the years in implementing its programme of activities on schedule. This difficulty finds expression in the delay in publishing and presenting the Commission's Annual Report to Parliament within time.

The Committee accordingly urges the House to press upon the Ministry of Finance and Economic Planning to adhere to some time lines in the release of funds to the Commission and indeed, all other subvented State institutions to enable them implement their programme of activities on schedule.

8.0 Recommendations and Conclusion

The Committee noted that the Commission failed to capture in its annual report the approved budgetary allocation and expenditure returns for the year under review. This omission makes it difficult for proper appreciation of financial and other resource constraints confronting the Commission. Thus, making it difficult for an objective evaluation of the Commission's perfor-mance within available resource constrains. It is, therefore, recommended that subsequent annual reports of the Commission capture budgetary allocation and expenditure returns to enable Parliament make a case for it.

The Committee also noted that the

Commission was behind schedule in presenting its annual reports to Parliament as the reports for 2006, 2007 and 2008 were still in arrears. In this regard, the Committee recommends that, as a cost- saving measure, the Commission compiles the annual reports for the three outstanding years mentioned above in one volume if possible, for presentation to the House.

Finally, the Committee urges the House to impress upon government to assist the Commission by improving the Commission's budgetary allocation in subsequent years. This would enable the Commission improve the conditions of service of its staff and also attract and retain its skilled personnel for better service delivery.

The Committee in the light of the above recommends that the House adopts the Report of the Commission on Human Rights and Administrative Justice for the year 2004.

Respectfully submitted
Mr. Yaw Baah (NPP - Kumawu) 1:05 p.m.
Madam Speaker, I rise to second the motion and in doing so, I have some few observations.
Madam Speaker, the first of these observations is in respect of the timing with regard to the presentation of reports by the Commission on Human Rights and Administrative Justice (CHRAJ) to this very august House.
If you look at item numbered 8.0, that is, the Recommendations and Conclusion, paragraph 2, your Committee rightly recommended that -- if you look at the Report that we are dealing with, this should have been done about four years ago, that is the Report of 2004 hence Hon Members will find it difficult in
Mr. Yaw Baah (NPP - Kumawu) 1:15 p.m.


appreciating the current state of affairs with regard to CHRAJ. And if you look at the very Act that set up CHRAJ, I am referring to Act 456, section 19 (1) that states that CHRAJ shall lay before this House the report of the preceding year.

So, as at now, the Report we are dealing with is four years behind and we are reminding CHRAJ that they must be up to their constitutional duty as required by Parliament.

Madam Speaker, we appreciate the good work of CHRAJ, because we all admire the good work being done by CHRAJ, because their presence today is felt within every district and they are also helping in deepening the democracy, the task this nation has set itself and also promoting good governance. We also appreciate the problems that are confronting CHRAJ which stem from the fact that almost all constitutional bodies that were created by the Constitution and whose emoluments and expenses are charged on the Consolidated Fund.

We all know the difficulty when it comes to accessing funds from the Consolidated Fund. So we appeal to the sector Ministry, especially the Ministry of Finance and Economic Planning, to double its steps when requests from CHRAJ come to them.

Madam Speaker, having said so, I think CHRAJ, in their Report made the Committee aware of a lot of problems confronting it. But from my point of view, I think the greatest problem, if not challenges, or the issue weakening the work of CHRAJ is in respect of the very Act that set up CHRAJ, that is, Act 456. And if you look at the Constitution, with regard to Chapter 18 which captures articles 216 to 229 which specify the

functions, the creation and the mandate of CHRAJ.

Madam Speaker, with your indulgence, I am just referring to only article 218 (d) (iii) and (iv), and with your indulgence, I would like to read them. If you go to 218 (d) (iii), in reference to the power, that

“ bringing proceedings in a competent Court for a remedy to secure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures;”

Then if you go to (iv), that is:

“bringing proceedings to restrain the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regula- tion which is unreasonable or otherwise ultra vires;”

Madam Speaker, Act 230 goes on even to furnish CHRAJ with subsidiary legislative power. But when it comes to the issues that border on investigation, that border on crime, they are constrained and they are estopped by the Constitution with regard to article 88(3), that it is the Attorney-General's Department that could initiate criminal proceedings in a court. And this is the area where CHRAJ has done a wonderful job.

For whatever it is, CHRAJ has to submit its report and it is left with the Attorney-General's Department to decide whether to proceed with their recom- mendations in respect of prosecution.

I think as law makers, we have reached
Mrs. G. E. Kusi ( NPP - Tarkwa- Nsuaem) 1:15 p.m.
Thank you very much Madam Speaker, for the opportunity to contribute to the motion.
Madam Speaker, on page 4 of the Report, we read that 41 per cent of the cases recorded were related to children's rights and another 8.5 per cent relates to
Mrs. G. E. Kusi ( NPP - Tarkwa- Nsuaem) 1:25 a.m.
women's rights. That means, almost 50 per cent of the cases that CHRAJ handled were related to women and children.
Madam Speaker, every year we get such reports from so many organizations, especially those dealing with women and children's rights. I want to suggest that as a country, we should take a serious view of these issues.
Madam Speaker, it looks as if we are neglecting the issues of women and children. Always I am reading about it and leaving it - Some measures should be put in place. Either people should be made to pay penalties for neglecting their children or their wives so that, as is happening in developed countries, women and children would be well catered for. But our rights are always being trampled upon and year in year out, we get these reports and we are not moving forward.
Madam Speaker, I think as a Parliament, we should do something about it. People should be made to pay compensation; women should take what is happening in the outside world, like alimony and all that. Because it is not being paid here, people are going about their duties without regard to the laws of this country. So I think we should do something about this, Madam Speaker.
Mr. J. B. Aidoo ( NPP -- Amenfi
East): Thank you, Madam Speaker, for giving me the opportunity to also support the motion on the floor of the House.
Madam Speaker, the Committee has identified a very fundamental problem facing CHRAJ. And in the Report presented to us, particularly with reference to page 8, it has been indicated that the service conditions of CHRAJ are not the best. Madam Speaker, because of that there is high attrition of professional
staff of CHRAJ to the extent that ten of its lawyers -- [Pause] -- No, I thought Madam Speaker was referring to me. Because of that we have ten of its lawyers leaving for other institutions.
Madam Speaker, as we speak, CHRAJ has only twenty lawyers. If we are to spread this number of lawyers even among our ten regions, it means that on the average, we have two lawyers per region and I want to believe that for some regions in the country, it could happen that they may not even have any lawyer at all.

Madam Speaker, the Report goes on to indicate that when request is made to the Ministry of Finance and Economic Planning, particularly in the last quarter of the year, such request is delayed. And that is the more reason why CHRAJ is not able to carry out its scheduled activities within the year. And the Committee has reported that because of that the annual reports which are to be laid before Parliament are also delayed.

Madam Speaker, we want to urge the Ministry of Finance and Economic Planning to ensure that given the important role that CHRAJ plays in this country, whenever requests are made to the Ministry, such requests would be honoured timeously.

Madam Speaker, apart from that, I

want to believe that the annual budget allocation to CHRAJ will also have to be looked at critically. Because every year when they bring their budget here, we find that at the end of the day the budget allocation, not only for item 1(Personal Emoluments), but most importantly for item 2 (Administration Expenditure) and item 3 (Service Expenditure) are also cut down. And we all know that it is in item 3 that the institution can work effectively

to bring about good governance in this country.

So Madam Speaker, we are urging the Ministry of Finance and Economic Planning to give a special look to the institution of CHRAJ for it to carry out its mandate as enshrined in the Constitution.

With this, I am urging Hon Members to

support the motion on the floor.

Thank you.
Madam Speaker 1:25 a.m.
Yes, the last
contribution to the motion.
Mr. Kwame Osei-Prempeh (NPP
- Nsuta-Kwamang/Beposo) Madam Speaker, thank you for the opportunity to make a very brief intervention to the motion.
Madam Speaker, page 2 of the Report
lists the functions of CHRAJ; One of them is human rights. The Report lists article 218 (a), (c) and (f) of the 1992 Constitution. Madam Speaker, the Report also lists article 218 (b) and I would like to say that article 218(b) is a very important function of CHRAJ. Of late, there have been some happenings in this country; the dismissal of people from work, cancellation of recruitment to the military and the Ministry of Foreign Affairs and Regional Integration and the Ghana Police Service. Madam Speaker, with your permission, I read article 218(b), that CHRAJ shall
“. . . investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the Armed Forces, the Police Service and the Prisons Service in so far as complaints relate to the failure
rose
Madam Speaker 1:25 a.m.
Hon Member, are you standing? Did you want to catch my eye?
Mr. Osei-Owusu 1:25 a.m.
Yes, Madam Speaker.
Madam Speaker 1:25 a.m.
Well, you have caught it.
Mr. Osei-Owusu 1:25 a.m.
Thank you, Madam Speaker.
Madam Speaker, early on, I raised the issue of quorum. You stood the issue down for ten minutes. Ten minutes have elapsed and the situation has not improved.
Madam Speaker 1:25 a.m.
Well, the point is, I cannot put the Question until we have a quorum. So, when we get there, we will talk about it.
Mr. Osei-Owusu 1:25 a.m.
Madam Speaker, if I may refer to Standing Order 48 (1):
“The presence of at least, one- third of all Members of Parliament besides the person presiding shall be necessary to constitute a quorum of the House.”
Madam Speaker, we are less than 70 Members in the House - [Uproar] - We can pause and cause the count now; Madam Speaker, we are less than 70 Members in the House.
Madam Speaker 1:25 a.m.
I thought you were
going to refer to putting the Question. But if you still insist on Standing Order 48 (1), then we must have one-third of Members present. And they are challenging you that we have.
Some Hon Members 1:25 a.m.
There are committee meetings outside.
Madam Speaker 1:25 a.m.
Well, Hon Members at committee meetings does not mean they are in the House. It is not in the House. That is why we rang the bell to get them to come. So, if they are not here and the Hon Member for Bekwai is still insisting, then we have to adjourn. But I thought that maybe, he was referring to quorum when we get to putting the Question. [Pause.]
Hon Member, I know the ten minutes have passed, are you insisting on your - Yes?
Mr. Osei-Owusu 1:25 a.m.
Very well, Madam Speaker, my Leadership has advised otherwise.
Madam Speaker 1:25 a.m.
Yes, because I was not going to put the Question. I thought we would have the contributions and then if we do not have the requisite number, we would adjourn till tomorrow.
Mr. Osei-Owusu 1:25 a.m.
Madam Speaker, I am raising this so that the other side of the House, those who are leading Government business, will take the business of the House more seriously. They should curtail the amount of tea drinking outside so that the business of the House can proceed fairly.
Madam Speaker 1:25 a.m.
I appreciate it when a matter like this is raised. But we have almost finished. So thank you, Hon Member.
Mr. Opare-Ansah 1:25 a.m.
Madam Speaker, I
wanted to add my voice to your plea to the Hon Member to allow us to at least, finish with the debate and maybe, you could put the Question later.
But I heard shouts like “there are committees meetings”. I believe the Hon Leader of the House has said in this House and advised all of us, especially Hon Chairmen and leadership of committees to ensure that committees only sit after adjournment, unless it is deemed to be absolutely necessary. So, this practice of committees sitting and going on excursions when the House is Sitting and committees drinking It is not the best. So, please, let us listen to the advice of the Hon Member.
Thank you.
Mr. Osei-Prempeh 1:25 a.m.
Madam Speaker, as I was saying, article 218 (b) is a very, very important function of CHRAJ. What we are seeing in this country now - dismissals, cancellation of recruitment, lop-sided recruitment are all things which go against the human rights of the people of this country. Therefore, there is the need for CHRAJ -- [Uproar.]
Madam Speaker, I do not want to concern myself with when it began. It is a constitutional provision. Whether it happened yesterday or today, we are discussing the issue today. And I am saying that we need to advert ourselves to them. At least, in the last eight years, we have never heard that there had been a cancellation of any recruitment based on political consideration -- [Uproar.] Madam Speaker, we are seeing it now and therefore, it is high time it adverted its mind to this.
Madam Speaker, it is good for our national cohesion and for social togetherness. And therefore, I want to draw the attention of CHRAJ and of this House to the fact that that function is an important human rights function imposed on CHRAJ by the Constitution. Therefore, they should do that.
Madam Speaker, another important
rose
Madam Speaker 1:25 a.m.
Yes, shall I take a point of order?
Mr. E. T. Mensah 1:35 p.m.
On a point of order. Madam Speaker, my Hon Friend is totally out of order. Under his watch as the Deputy Attorney-General and Minister for Justice a court order was disregarded. One Mr. Okine was dismissed; he went to court, the court ordered that he should be re-instated and it was disregarded - [Uproar] -- and many more. And this Report, human rights - [Interruptions] - This Report that we are discussing - [Interruption] -- Talking about his tenure, he knows the police recruitments and many other things that he knows under his watch. So he should not mislead this House and the country.
Mr. Osei-Prempeh 1:35 p.m.
Madam Speaker, I can forgive my Hon Friend; either he does not understand the issues or he chooses to ignore them.
Madam Speaker, I did not write this Constitution; the Constitution was written under their watch, under their direction and it is in article 218 (b), that CHRAJ should perform that function and I am saying that CHRAJ should perform that function.
Mr. Okine should have his day in court. This Constitution gives him the remedy, if he does not know - [Inter-ruptions.] Live in his ignorance and allow me to go on.
Madam Speaker, another important thing that I want to touch on is on the whole of Chapter 18, whether CHRAJ would still be performing anti-corruption functions.
Madam Speaker, what is invoked now the world over is to establish specialized anti-corruption bodies; that is what is happening in the whole world. There is an association of anti-corruption authorities
Madam Speaker 1:35 p.m.
Well, I thank you, Hon Members. I think I cannot put the Question. So this matter would be -- We do not have the quorum and it has been raised. I am looking at article 104:
“Except as otherwise provided in this Constitution, matters in Parliament shall be determined
by the votes of the majority of the members present and voting, with at least half of all members of Parliament present.”
So I will not put the Question today, but I will adjourn till tomorrow.
Now, we have finished with items 7, 8? Hon Deputy Majority Leader, any indications for adjournment?
Mr. John T. Akologu 1:35 p.m.
Madam Speaker, as you have noted, item 8 is Committee Sittings. I, therefore, wish to move, that this House do now adjourn till tomorrow 10.00 o'clock in the forenoon to enable the committees go into business.
Mr. Ambrose P. Dery 1:35 p.m.
Madam
Speaker, I rise to second the motion for adjournment till tomorrow in the forenoon. I wish to reiterate the point I raised yesterday that the committees should redouble their efforts to enable us have fruitful Sittings and that Hon Members should make sure they are in their seats to satisfy the quorum.
With those few words, I would second the motion.
Question put and motion agreed to.
ADJOURNMENT 1:35 p.m.