Debates of 26 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 the Correction of Votes and Proceedings of Thursday, 25th June, 2009. Pages 1, 2 … 5 - [Interruption.]
Mr. D. T. Asummeng 10:45 a.m.
Madam
Speaker, under “Members absent”, number 10, Assumeng, David Tetteh (Shai Osudoku). Madam Speaker, I was present yesterday and you could even testify that I was here. I raised an issue and the Minority Leader even used an unparliamentary language on me. I was here yesterday.
Madam Speaker 10:45 a.m.
Thank you, Hon
Member.
Pages 6, 7 . . . 14.
Votes and Proceedings of Thursday, 25th June, 2009 as corrected, be adopted as the true record of proceedings.
We have the Official Report of Thursday,
25th June, 2009. Any corrections?
Mr. Stephen Yakubu 10:45 a.m.
Madam

Speaker, column 991, paragraph 4, getting to the last end of the paragraph: “Can tell me when this panel will be back in Binduri?” “She” is missing between “can” and “tell”. It should read: “can she tell me when this panel will be back in Binduru?”
Madam Speaker 10:45 a.m.
Hon Members, the Official Report of Thursday, 25th June, 2009 as corrected represents the true record of proceedings.
We move to item 3 on the Order Paper.
BUSINESS OF THE HOUSE 10:55 a.m.
Madam Speaker, the Committee accordingly submits its Report as follows 10:55 a.m.
Arrangement of Business
Question(s)
Madam Speaker, the Committee has programmed the following Ministers to answer Questions during the week:
No. of Question(s) i. Minister for the Interior -- 5
ii. Minister for Transport -- 3
iii. Minister for Education -- 5
iv. Minister for Youth and Sports -- 4
v. Minister for Health -- 5
Total Number of Questions -- 22
Madam Speaker, in all, twenty-two (22) Questions are expected to be answered during
Madam Speaker, the Committee accordingly submits its Report as follows 11:05 a.m.
the week.
Madam Speaker, Urgent Questions admitted by your goodself may be scheduled during the course of the week.
Statements
Madam Speaker may allow Statements duly admitted to be made in the House.
Papers and Reports
Madam Speaker, Papers and Reports may be presented to the House for consideration.
Motions and Resolutions
Madam Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.
Committees with Referrals
Madam Speaker, the Business Committee wishes to remind al l committees with referrals to expedite action on them for consideration by the House. Madam Speaker, the need to
expedite action on outstanding referrals has become necessary because the House is expected to rise sine die on the 17th of July 2009.
Madam Speaker, the Business Committee therefore suggests that committees should take advantage of weekends and Mondays to deliberate on their outstanding referrals.
We know that the remaining Mondays would be part of the Sitting of the House but we would make the business on the Mondays light so that committees could concentrate on their work on the respective referrals for subsequent presentation to the House. We are therefore presenting that, the House should Sit on the remaining Mondays until we rise sine die. So we have in this memorandum scheduled business for Monday, 29th June, 2009.
The House to Sit on Monday
Madam Speaker, it would be recalled that when the Business Statement was presented to the House on Friday, 19th June 2009, the mood of the House was that Parliament Sits on subsequent Mondays till it rises sine die. The Business
Committee has accordingly scheduled a Sitting for Monday, 29th June 2009.
Public Holiday
Madam Speaker, as Hon Members are aware, Wednesday, 1st July 2009, is Republic Day. The day would be observed as a statutory public holiday.
Conclusion
Madam Speaker, in accordance with Standing Order 160 (2) and subject to Standing Order 53, the Committee submits to this Honourable House, the order in which the Business of the House shall be taken during the week.

Questions

Minister for the Interior - 11, 12, 13, 38 and 39

Statements

Laying of Papers --

(a) Report of the Auditor-General on the Statements of Foreign E x c h a n g e R e c e i p t s a n d Payments of the Bank of Ghana for the two half years ended 31st December 2005.

(b) Report of the Auditor-General on the Statements of Foreign E x c h a n g e R e c e i p t s a n d Payments of the Bank of Ghana for the two half years ended 31st December 2007.

(c) Report of the Auditor-General on the Multi Donor Budgetary Support Programme of Flows in the Government of Ghana

Accounts for the years ended 31st December 2004 and 31st December 2005.

(d) Annual Report of the Office of the Administrator of Stool Lands for the year ended 31st December 2004.

(e) Report of the Auditor-General on the Public Accounts of Ghana (Consolidated Fund) for the year ended 31 December 2007.

Motions --

Adoption of the Report of the Committee on Subsidiary Legis- la t ion on the Publ ic Off ice Holders (Declaration of Assets and Disqualification) Regulations,

2009 (L.I. 1957).

Committee Sittings.

Questions --

Minister for Transport - 34, 35 and 47

Statements

Laying of Papers --

(a) Report of the Committee on Mines and Energy on Annual Report of the Minerals Com- mission for the year 2006.

(b) Report of the Public Accounts Committee on the Report of the Auditor-General on the National and Regional Houses of Chiefs and Traditional Councils for the period 2001 2004.

Motions --

(a) Adoption of the Report of the Committee on Lands and Forestry on the Annual Report

of the Office of the Adminis- trator of Stool Lands for the year ended 31st December 2005.

(b) Adoption of the Report of the Committee on Lands and Forestry on the Annual Report of the Office of the Admi- nistrator of Stool Lands for the year ended 31st December 2006.

(c) Adoption of the Report of the Committee on Lands and Forestry on the Annual Report of the Forestry Commission for the year 2006

Committee Sittings.

PUBLIC HOLIDAY (Republic Day)

Urgent Question --
Mr. Isaac Kwame Asiamah (Atwima Mponua) 11:05 a.m.
To ask the Minister for Youth and Sports what is the level of preparations for the pending Africa Hockey Championship in July 2009.
Questions --
Minister for Education - 23, 24, 56, 57 and 64
Minister for Youth and Sports - 54, 55 and 68
I stated earlier, at the Business Committee that after the Minister for Youth and Sports answers the Urgent Question, he will continue to answer the other three Questions, Nos 54, 55 and 68. We did instruct the Clerk's Office to put
Mr. Isaac Kwame Asiamah (Atwima Mponua) 11:05 a.m.
Statements
Laying of Papers --
(a) Report of the Joint Committee on Works and Hous ing and Finance on the Offtake Agreement among Ghana Water Company Limited, EarthWater Ghana Limited (EWG) and Government of Ghana for the Abstraction and Production of Potable Water for Delivery to Ghana Water Company Limited
(GWCL).
(b) Report of the Joint Committee on Works and Housing and Finance on the Water Concession and Support Agreement between Ghana Water Company Limited, EarthWater Ghana Limited (EWG) and the Government of Ghana for the Abstraction and Production of Potable Water for Delivery to Ghana Water Company Limited (GWCL).
Motions --
(a) Adoption of the Report of the Committee on Mines and Energy on Annual Report of the Minerals Commission for the year 2006.
(b) Adoption of the Report of the Committee on the Environment, Science and Technology on the Annual Report of the Ghana Environmental Protection Agency, 2003.
Committee Sittings.

Questions --

Minister for Health - 30, 48, 58, 59 and 63

Statements

Motions --

Adoption of the Report of the Public Accounts Committee on the Report of the Auditor-General on the National and Regional Houses of Chiefs and Traditional Councils for the period 2001 2004.

Madam Speaker, the Committee on Public Accounts is having a - [Pause] -- I do not know whether it is a workshop or a retreat to consider the numerous reports from the Auditor-General's outfit that we have referred to it, and that will be this weekend. We want to urge the Committee to as much as possible work harder than before so that during the few remaining weeks, we could handle a lot of their reports before we go on recess.

Committee Sittings.

Madam Speaker, this is the proposed Business Statement for the Sixth Week ending Friday, 3rd July, 2009.

Thank you very much.
Madam Speaker 11:05 a.m.
Thank you, Hon
Member.
Papa Owusu-Ankomah 11:05 a.m.
Madam
Speaker, I have a very short observation. Yesterday, the Hon Minister for Water Resources, Works and Housing was supposed to come and answer a Question, and he could not be here. We were informed that he was attending Cabinet meeting.
Ms. Beatrice Bernice Boateng 11:05 a.m.
Madam Speaker, last week, around this time, when we had the Business Statement for the Fifth Week, we were told that because we wanted to rise early, we were going to add Mondays and then have extended Sittings where possible. We pleaded for exclusion of last Monday, and said, we would begin the coming Monday.
One would have thought that this week, we would have had a sort of extended Sittings so that as the days approach, we would have lighter jobs. But it looks like the whole of the week business was light. I am just pleading that, if possible, we should endeavour to use next week to have extended Sittings so that we would have lighter jobs as the days come closer.
Madam Speaker, thank you very much for the opportunity.
Mr. Bagbin 11:05 a.m.
Madam Speaker, if it
is the wish of the House, because as a Committee of the House, we depend on the guidance of the House, that we do not schedule Questions on Thursdays, we will so propose to the House -- [Interruption] -- Questions for Ministers
Madam Speaker 11:15 a.m.
Hon Members, the Business Statement as presented is
accordingly adopted.
This is Question time. We have
Questions for the Hon Minister for Roads and Highways.
Hon Members, we have five Questions and we have one hour to answer them, so that the Hon Member who asks the Question will have three supplementary questions at the end of asking the substantive Question. Then if we have two from both sides, we can move on, except that the Leaders, after the two supplementaries from both sides want to come in will always be accommodated.
Hon Alhaji Iddrisu Abdul-Karim,
kindly ask your Question now?
Mr. Dominic B. A. Nitiwul 11:15 a.m.
Madam
Speaker, Hon Alhaji Iddrisu Abdul-Karim, the Member of Parliament for Nanton has not been well for the past three days. I have his permission to seek your indulgence to ask the Question on his behalf, Madam Speaker.
ORAL ANSWERS TO QUESTIONS 11:15 a.m.
MINISTRY OF ROADS AND 11:15 a.m.
HIGHWAYS 11:15 a.m.
Mr. Nitiwul 11:15 a.m.
Madam Speaker, let me thank the Hon Minister for his Answer. Madam Speaker, is he aware whether
the contractor that performed the work at seven per cent completion, has been paid any money for his services or not?
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker, I would have said I am not aware but the situation is that when we are terminating the work, if he has been paid any advanced mobilization, we would value the seven per cent of the work done and accordingly surcharge him against that.
Mr. Nitiwul 11:15 a.m.
Madam Speaker, the Hon
Minister says that the worse section of the road stretches from 22.5 kilometres to 38 kilometres, that is, the Tampion Dam to Zilindu which is very worse. In fact, as I speak now, it is very difficult for passenger trucks carrying goods and services to pass through that portion. Can he assure the people of that area that, that work would be completed as soon as possible because this is the rainy season?
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker, I
had already assured my Colleague that we had already advertised for the reshaping of that section and for that matter, we are opening the bids early next month, after which contractors who win the bids will go on site to address those very bad sections.
Mr. Nitiwul 11:15 a.m.
Madam Speaker, the
Minister said due to poor performance by the contractor they would be terminating the project. I want to find out from the Hon Minister whether the cost will be the same or it will be increased.
Thank you, Madam Speaker.
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker,
I said we would be repackaging and the repackaging would involve considering the quantities as well so that whatever is the report from the repackaging, we would comply with it to address the problem as it is on the ground.
Mr. Tanko Abdul-Rauf Ibrahim 11:15 a.m.
Madam Speaker, in the Minister's Answer, under Current Programme of work, he made mention that the work was seven per cent done. I want to know from him the scope of work on the project and what amount of work that was done on the site that constituted seven per cent.
Thank you, Madam Speaker.
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker,
the seven per cent constitutes the value for the total work that the contractor had done on the road and this was the assessment given to us by our officers on the ground. The scope constitutes the seven per cent. It could mean whatever the designed work which had been involved in the contract. It is the contract work which has been accepted -- the seven per cent constitutes that.
Prof. Christopher Ameyaw-Akumfi 11:15 a.m.
Madam Speaker, the Hon Minister who used to be with the Ghana Education Service (GES) provides the following as part of the Answer:
“Due to poor performance of the contract, or GHA has recommended for the termination of the project.”
Madam Speaker, does the Hon Minister mean termination of the contract or termination of the project?
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker, the

11.2 5 a.m.
Mr. J. K. Avedzi 11:15 a.m.
The Minister said from 15th December 2008 to date, which is more than 6 months, the contractor has
Mr. Osei Kyei-Mensah-Bonsu 11:15 a.m.
Madam Speaker, the Hon Colleague in asking the question, is premising it on an assumption that the contractor lacks capacity. Madam Speaker, that really is being argumentative and really offends the Standing Orders -- Standing Order 67 (1) (b).
Madam Speaker 11:15 a.m.
Hon Member, just ask your question.
Mr. Avedzi 11:15 a.m.
Madam Speaker - Can the
Mr. Kyei-Mensah-Bonsu 11:15 a.m.
Madam Speaker, this question is even worse. He is soliciting the opinion of the Minister. If he can come properly. He should know better.
Madam Speaker 11:15 a.m.
Last chance to frame your question.
Mr. Avedzi 11:15 a.m.
Thank you Madam Speaker. Madam Speaker, can the Hon Minister tell us what is the cause for the contractor not performing on the project?
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker, this was a situation which we have come up with and as I stand here, we only know that he has vacated the site. What has been the reasons? We have given him several reminders and warnings to which he has not responded. That is why we are terminating the contract.
Mr. Kwame S. Acheampong 11:15 a.m.
Madam Speaker, I want to know from the Hon Minister how much of the contract sum was advanced to the contractor.
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker, I think it is not immediately available as to how much he has been given, but this, we will assess and then accordingly inform the House if it comes up.
Madam Speaker 11:15 a.m.
Yes, we have had two from each side. Any questions from the Leadership? Hon Members, we move on to the second Question. Hon Sammy Bavug Wusah, kindly ask your Question?
Fufulso-Damongo-Sawla Road (Tarring)
Q. 41. Mr. Sammy Bavug Wusah asked the Minister for Roads and Highways when would the Fufulso-Damongo-Sawla road be tarred.
Mr. J. K. Gidisu 11:15 a.m.
Madam Speaker, Background. The 144 kilometres Fufulso- Damongo-Sawla road is a national road (N7). It links the Kintampo-Tamale road (N10) to the Wenchi-Bamboi-Wa road (N12) at Sawla.
The road serves as the main connection between the West Gonja District and the Sawla-Tuna-Kalba District. It is a gravel road in a fair to poor condition.
Madam Speaker, the road has a high priority ranking in the trunk road network of Ghana. The importance attached to the road is demonstrated in an earlier attempt to start work on it even when negotiations for an external loan had not yet been concluded.
The project was prepared in three (3) lots. Bids were received and evaluated and winning firms identified.
The sod-cutting ceremony for the
commencement of works was performed in early December 2008. Letters of acceptance to the three (3) contractors who presented the best bids could, however, not be issued because the arrangements to secure funds for the project could not go through.
Future Programme
The African Development Bank has indicated its interest in providing funding to the Government for the reconstruction of the road.
The Ministry has accordingly requested the Ghana Highway Authority (GHA) to update the estimates to enable the Government submit a funding application to the ADB for consideration.
It is expected that the reconstruction works will start in the latter part of 2010.
Meanwhile, routine maintenance works will continue to be carried out on the road in 2009.
Invitation for bids for the routine maintenance of the road was advertised in the Ghanaian Times on 12th and 15th June 2009.
Bids will be opened on the 8th of July 2009. Thereafter, the contract for the execution of the works will be awarded. The works are expected to be undertaken between July and December, 2009.
Mr. Wusah 11:15 a.m.
Madam Speaker, from the Minister's response, the last paragraph before the Future Programme, it is stated that there was a sod-cutting ceremony in Damongo in the early part of December 2008. That was precisely on the 5th of December 2008. I want to find out whether it is a normal situation where sod- cutting for the construction of a project can be done before sourcing for funding for that particular project. Or in this particular situation, it was an emergency.
Mr. Ambrose P. Dery 11:15 a.m.
Madam Speaker, I object to the question because it offends Standing Order 67 (1) (b), he is soliciting the opinion of the Minister.
Madam Speaker 11:15 a.m.
Hon Member, I did not hear you. Can you repeat? You referred to Order -
Mr. Dery 11:15 a.m.
Order 67 (1) (e) and 1 (b). Order 67 (1) (e) says
“a Question shall not solicit the expression of an opinion or the solution of an abstract legal case or a hypothetical proposition”;
And before that, he went at length, making imputations and statements that it was done on 5th December, 2008. So Madam Speaker, it offends both (b) and (e) and therefore, it should not be allowed.
Madam Speaker 11:15 a.m.
Can I have the question again?
Mr. Wusah 11:15 a.m.
Madam Speaker, I am asking the Minister for Roads and Highways - I said in his Answer to my first Question, he stated that in early December 2008 there was a sod-cutting ceremony for the construction of that road and I said that was true. That was precisely on the 5th of December 2008. But in the response again, he mentioned that negotiation for an external loan was not yet concluded. I am asking whether that is a normal situation, where you can cut sod for the execution of a project before sourcing funding, or in this particular situation, it was an emergency.
rose
Madam Speaker 11:15 a.m.
Hon Member, he is not soliciting an opinion. [Interruptions.] I
think he wants the facts of what happened.
Mr. Dery 11:15 a.m.
Madam Speaker, I am raising my objection based on the fact that the Answer in paragraph 3 -- the Hon Minister said and with your permission, I beg to quote:
“The road has a high priority ranking in the trunk road network of Ghana”.
The importance attached to the road is demonstrated in an earlier attempt to start work on it even when negotiations for an external loan had not yet been concluded.
Madam Speaker, the Hon Minister has therefore, given the reason why the state of affairs took place. So if you go outside that - [Interruptions] - he has given the reason, why? -- the priority status. Now, if somebody gets up and he is asking beyond that, then the person is soliciting an opinion.
Madam Speaker 11:35 a.m.
Hon Member, I think the Hon Member's question was to elicit facts. But is it what is the normal procedure? That is all. I will allow the question -- [Interruptions.]
Mr. J. K. Gidisu 11:35 a.m.
Madam Speaker, I think that the second and third paragraphs of my Answer, under the background; states and with your permission, I beg to quote:
“The road has a high priority ranking in the trunk road network of Ghana . . .”
and of course, in the anxiety of Government at that time to get the project on track, and, especially, also looking at the importance of that road. [Inter-ruptions.] Madam Speaker, the situation was that Government
Madam Speaker 11:35 a.m.
Your third question, please.
Mr. Wusah 11:35 a.m.
Madam Speaker, I think my question is, is that the normal situation? Where there is no funding, they would cut a sod for the commencement of a project before they look for the funding? I am asking whether that is the normal situation.
Madam Speaker 11:35 a.m.
Is that your third question?
Mr. Wusah 11:35 a.m.
Madam, yes.
Madam Speaker 11:35 a.m.
All right.
Mr. J. K. Gidisu 11:35 a.m.
Madam Speaker, one may regard it as not being the normal or traditional way of going about it - [Interruptions.]
Mr. F. Opare-Ansah 11:35 a.m.
Madam

Thank you.
Madam Speaker 11:35 a.m.
Hon Minister, can you answer the question?
Mr. J. K. Gidisu 11:35 a.m.
Madam Speaker, this is embedded in the earlier question he answered that the contract was awarded in anticipation of getting arrangements through with the Ministry of Finance and Economic Planning for external sourcing of funds and this was not possible and that
is why we are still hoping to repackage the road for consideration by the African Development Bank (ADB).
Mr. Felix Twumasi-Appiah 11:35 a.m.
Madam Speaker, still on paragraph (5) of the Hon Minister's Answers which for me, I do not seem to understand properly. And the question here is Madam Speaker, if the arrangements to secure funds for the project did not fall through, as the Hon Minister said, upon what basis then, was the sod-cutting ceremony performed?
Madam Speaker 11:35 a.m.
Hon Member, [Interruptions] -- I am not sure but I think he has already answered the question, that it was in anticipation of getting a loan. However, I will allow him, I thought that -
Mr. Twumasi-Appiah 11:35 a.m.
Exactly, this not a fair practice. Let him answer it.
Madam Speaker 11:35 a.m.
Hon Minister - [Interruptions] -- Hon Member, he says he wants your question again.
Mr. Twumasi-Appiah 11:35 a.m.
I would want to repeat the question to the hearing of the Hon Minister. He said in paragraph (5) of his Answer that arrangements to secure funds have not or did not fall through. And my question to the Hon Minister is that, upon what basis then was the sod-cutting ceremony performed, when we clearly know that we did not have funds to execute the project? [Interruptions.]
Mr. J. K. Gidisu 11:35 a.m.
Madam Speaker, the Ministry has oversight responsibilities
rose
Madam Speaker 11:35 a.m.
Your question has been answered - [Interruptions.] Hon Member, I think your question has been answered, so let us move on.
Dr. R. W. Anane 11:35 a.m.
Madam Speaker, on the Order Paper of yesterday, Thursday, 25th of June, 2009, we had as advertised, which was to have been done today but which was not done, resolutions for certain loan agreements from the ADB. Madam Speaker, the basis for doing that is because of delays caused by certain protocol arrangements with the ADB - [Interruptions.] -- Madam Speaker, based on these, [Interruptions] this is to help Hon Members to understand my question - [Interruptions.]
Madam Speaker 11:35 a.m.
Hon Member, ask
Dr. Anane 11:35 a.m.
Based on this, I would want to know from the Hon Minister whether he had been briefed that because of the usual delays with the ADB funding, the Ministry took a decision for the Government of Ghana to finance those projects that have been advertised in the Question today because of the need for them to be expedited and for the funding from the ADB to be vied for the construction of the Elubo road which is under study by the ADB -- [Inter-ruptions.] I want to
know whether the Hon Minister has been briefed on this.
Thank you, Madam Speaker.
Madam Speaker 11:35 a.m.
Hon Minister -- [Interruptions] - Hon Member, he says he wants your Question again.
Mr. J. K. Gidisu 11:35 a.m.
Madam Speaker, the advertised programme for yesterday was a situation for supplementary loans. And those supplementary loans are for specific projects which are not related to the project under focus and for that matter, there is no briefing connected with this.
Mr. J. T. Akologu 11:45 a.m.
Madam Speaker,
in paragraph 5 of the Minister's Answer, he has stated that and with your permission, I quote:
“…. three (3) contractors who presented the best bids….”
Some Hon Members 11:45 a.m.
Three lots.
Mr. Akologu 11:45 a.m.
Madam Speaker, I am sorry, I withdraw my question. [Inter- ruptions.] Madam Speaker, I think that they are distracting me. It reads:
Mr. Akologu 11:45 a.m.


three (3) contractors who presented the best bids. . .” --

but there were three lots. I just want to know who were the contractors. They were the best but who were they?
Madam Speaker 11:45 a.m.
Hon Minister, he is asking you a question. You stated that there were three contractors and he is asking you, do you know them?
Mr. J. K. Gidisu 11:45 a.m.
Madam Speaker, I will not be able to immediately give the names of the three contractors. [Interruptions.]
Madam Speaker, I think upon a second consultation, the contractors are P&W Ghanem, Messrs J. Adom and Cymain. These are the three contractors that had been shortlisted.
Mrs. G. E. Kusi 11:45 a.m.
Madam Speaker, I want to ask the Hon Minister whether he has been briefed that the facility from the Agriculture Development Bank (ADB) had been earmarked to be used for the Elubo road while the Government of Ghana (GOG) finances this important road. That is why the ADB that he mentioned in his Answer was not used throughout and that is why the Government of Ghana said that they were going to fund this important road.
Madam Speaker 11:45 a.m.
Hon Minister, do you know it?
Mr. J. K. Gidisu 11:45 a.m.
Madam Speaker,
we have to get our way clear about this situation. It is not a matter of being briefed. At the time of awarding the contract, even if it was Government of Ghana (GOG) funding, there was no financial arrangement immediately available, so that is neither here nor there.
Madam Speaker 11:45 a.m.
Hon Members, we have had two questions from both sides, but if the Hon Minority Leader wants to ask a question, I will hear the last one from him.
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam Speaker, in the Answer provided by the Hon Minister, and I will refer specifically to paragraph 8, and with your permission, I quote:
“It is expected that the reconstruction works will start in the latter part of
2010.”
Madam Speaker, can he tell us the source of funding for this road construction, which will start in the latter part of 2010 and what is the source?
Mr. J. K. Gidisu 11:45 a.m.
Madam Speaker, I had already indicated in paragraph 6, and with your permission, I quote:
“The African Development Bank has indicated its interest. . .”
Mr. Kyei-Mensah-Bonsu 11:45 a.m.
Madam Speaker, if the money is not available now, why is the Minister telling this House that reconstruction will start? That is a commitment. Why is he saying that?
Mr. J. K. Gidisu 11:45 a.m.
Madam Speaker, I can assure the Minority Leader of the House, that having an oversight respon- sibility for the Ministry and looking at mechanisms that we have in place towards projections for next year, I can confidently say that those roads will come on line at the time that we have indicated, that is, the second half of 2010.
Current Programme
The contractor is expected to resume work in November, 2009 when the water level would have subsided to an acceptable level. The project is expected to be completed at the end of June 2010.
Madam Speaker 11:45 a.m.
Hon Member, have you got any questions? No.
Mr. Wusah 11:45 a.m.
Madam Speaker, I think I am satisfied.
Madam Speaker 11:55 a.m.
We move on to
Question 43 then, from Hon Ernest Attuquaye Armah.
Six Lane Road from Awoshie to Pokuase
Q.43. Mr. Ernest Attuquaye Armah asked the Minister for Roads and Highways when would work on the six lane road from Awoshie to Pokuase start.
Mr. J. K. Gidisu 11:55 a.m.
Madam Speaker, Background. The 15-kilometre Awoshie to Pokuase Road construction forms part of the Awoshie- Pokuase Road and Urban Development Project. Other components of the project are the construction of urban life enhancing infrastructural facilities such as secondary roads, drainage, upgrading of the Anyaa and Amamoli markets, sanitation facilities, water supply and transport terminals at Anyaa and Amamoli. The construction of the Awoshie to Pokuase road will improve mobility and accessibility to the rapidly developing northwestern urbanized corridor of the Greater Accra Region.
The total estimated cost of the project
is 92.41 million euros. The Agence Francaise de Development (AFD), the French development agency has approved a funding of €30.0 million for
Bridge over Tachali River (Resumption)
Q. 42. Mr. Sammy Bavug Wusah asked the Minister for Roads and Highways when would work on the bridge over the Tachali River resume.
Mr. J. K. Gidisu 11:55 a.m.
Madam Speaker, Background. The bridge is located on the Inter-Regional Road (IR 10), between Busunu and Daboya in the Northern Region.
It was an uncompleted bridge with two walls and no slab between walls to ensure vehicular traffic.
A contract was awarded to Messrs Bermonde Limited on 11th November, 2002 to strengthen the walls and assemble a steel bridge on the walls. This was to be completed on 15th December 2003.
The i n i t i a l p ro j ec t co s t was GH¢354,098.43, but due to changes in design (length increased from 32m to 76.5m) a Variation Order in the sum of GH¢363,338.67 was issued. The revised contract sum was GH¢717,437.10.
Madam Speaker, the completion date of the project was accordingly revised to the end of April, 2007. The project suffered intermittent suspension of works due to some flooding and irregular payments.
Within the past months, heavy rains have caused flooding over the entire site, so backfill and other activities could not be carried out. The water level is still too high for any work to be carried out within the coming months.
As at the end of December 2008, both abutments had been completed -- The remaining concrete works including widening of the existing walls (piers). The overall progress of work is 63 per cent.
the project. The African Development Bank is considering the provision of additional funding for the project. The Government of Ghana will provide a counterpart funding of GH¢8.5 million for the payment of compensation to property owners that will be affectd by the road project. Madam Speaker, feasibility studies including the detailed designs have been completed.
Project Implementation
Tendering for the Awoshie to Pokuase project will commence in April 2010. Construction is expected to begin in August 2010 for an approximate duration of three years.
Mr. Armah 11:55 a.m.
Madam Speaker, may I know from the Hon Minister whether now that all the monies for the project have been sought, there is going to be a proper sod-cutting before the commencement of the project?
Madam Speaker 11:55 a.m.
Yes, Hon Minister,
he said, when is there going to be sod- cutting?
Mr. J. K. Gidisu 11:55 a.m.
Madam Speaker,
this is a very important road network and it will not be bad if publicity is given to it when the time comes for the sod-cutting.
Mr. Justice Joe Appiah 11:55 a.m.
Madam

My question is, I want to find out

from the Hon Minister when would the road commence and if the drains around Awoshie area would be tackled and also I want to know if it is a dual carriage.
Madam Speaker 11:55 a.m.
Your question deals with gutters, drains and other things; choose one.
Mr. Appiah 11:55 a.m.
Madam Speaker, the
drains around Awoshie.
Madam Speaker 11:55 a.m.
Hon Minister, the
question is, when will the drains around Awoshie -
Mr. J. K. Gidisu 11:55 a.m.
Madam Speaker,
in the background information I gave, I indicated that the drainage system would be upgraded along the corridor that is under focus. So my Colleague could have the assurance that the drainage system will be improved.
Mr. W. O. Boafo 11:55 a.m.
Madam Speaker, I
would like to know from the Hon Minister how much the Ministry is seeking from the African Development Bank - the amount that the African Development Bank is considering as an additional funding and to what extent that would be sufficient to help in the project.
Mr. J. K. Gidisu 11:55 a.m.
Madam Speaker,
we are still in discussions with the African Development Bank and that is why I say it is considering the provision of additional funding. We are still in the process of discussing the details with them and I think at the appropriate time, we would be able to confirm the actual amount.
Madam Speaker 11:55 a.m.
Hon Sarfo-Mensah
(Asunafo North)?
Goaso-Ayomso Road (Resumption)
Q. 44. Mr. Joseph Osei-Owusu (on
behalf of Mr. Robert Sarfo-Mensah) asked the Minister for Roads and Highways when would the contractor working on the Goaso-Ayomso Road resume work.
Mr. J. K. Gidisu 11:55 a.m.
Madam Speaker,
Background. The contract for work for the Goaso to Ayomso feeder road is 8.7 kilometres and located in the Asunafo North District of the Brong Ahafo Region.
Current Programme
The Goaso-Ayomso feeder road
was awarded under the Cocoa Roads Improvement Project in January 2008 to Messrs Ladco Limited at a contract sum of GH¢1,082,962.74. Under the contract, the Goaso-Ayomso feeder road will be bitumen surfaced (tarred).
The contract which should have been completed in April 2009 is behind schedule since it is only 13 per cent completed. The contractor has not been to site since February 2009, despite several warning letters issued to him.
A final warning letter has been served the contractor to resume work, failure of which the contract will be recommended to the Regional Entity Tender Committee for termination.
After the termination, the project will
be repackaged for re-award.
Works completed to date are: Clearing
and grading of 8.7 kilometres construction of seven (7) culverts and gravelling of 3.7 kilometres. Payment to date amounts to GH¢134,000 as advance mobilization loan. The appropriate value of works done is almost the same value as the advance mobilization loan. After termination, the value of works executed to date would be used to defray the advance mobilization loan paid to the contractor.
Madam Speaker 11:55 a.m.
Any questions?
Mr. Hodogbey 12:05 p.m.
Madam Speaker, I
would like to know from the Hon Minister, when contractors fail to perform their duties and their contracts are terminated, how long do they wait in line before coming in to re-apply, or they just go through the revolving door and come back to re-apply to the Ministry for another new contract.
Mr. J. K. Gidisu 12:05 p.m.
Madam Speaker, the award of contracts to contractors is based on various factors. One of which is the anticipated capacity of the contractor to deliver. So after the award has been given to him and he fails to deliver -- I think the demonstrated point is that he is not capable of performing. And for that matter, we will put him on the touchline and will not immediately allocate any project to him.
Mr. George Boakye 12:05 p.m.
Madam Speaker, according to the contractor, whom I know well -- [Uproar] - He has an outstanding certificate to be honoured and he would only return to site when the certificate has been honoured.
I would therefore want to know from the Hon Minister what steps he is taking to get the certificate honoured.
Madam Speaker 12:05 p.m.
Is it in the Answer?
Mr. Boakye 12:05 p.m.
No, Madam Speaker, it is not in the Answer. But from the Answer given, the Hon Minister did not state specifically why the contract has not returned to site.
Madam Speaker 12:05 p.m.
Ask him that question?
Mr. Boakye 12:05 p.m.
Then, Madam Speaker, I would like to know from the Hon Minister why the contractor has not returned to site, or is he aware that the contractor has not been paid. [Laughter.]
Madam Speaker 12:05 p.m.
The first question
Mr. J. K. Gidisu 12:05 p.m.
Madam Speaker, we have indicated in the last paragraph of my letter that the areas that the contractor covered, when valued, amount to the advance mobilisation they paid to him. And for that matter, there is only the point that he has not worked beyond the mobilisation that had been paid to him.
I want to indicate that the funding sources for those projects are from the COCOBOD, which is a more sustainable source of funding these projects than others, for example, Government of Ghana funding. And it is only yesterday that he had brought his second certificate. The contractor brought his second certificate only yesterday, which is an indication of the point that he is behind schedule in terms of the work done -- the irregular payment of his funds.
Mr. Sampson Ahi 12:05 p.m.
Madam Speaker, it seems to me that most contractors, when they take contracts, after getting the mobilisation fund, they do not perform and what the Ministry does in a form of sanction, is just to terminate the contract. - [Interruptions.]
Some Hon Members 12:05 p.m.
Ask a question.
Mr. Ahi 12:05 p.m.
I want to find out from the Hon Minister whether the Ministry will consider another sanction to contractors who fail to honour their part of the contract, apart from terminating the contract.
Mr. J. K. Gidisu 12:05 p.m.
Madam Speaker, I indicated earlier on that under those circumstances, we put such contractors on the touchline. By implication, they are blacklisted for any immediate award of contract.
Dr. A. A. Osei 12:05 p.m.
Madam Speaker, in his Answer, the Hon Minister indicates that and with your permission, I beg to quote:
“Paymen t to da t e amoun t s to GH¢134,000 as advance mobilization loan.”
Would the Hon Minister tell us what interest loan was charged on this loan? [Interruptions] - He said it is a loan. So, what interest rate was charged to this contractor?
Mr. J. K. Gidisu 12:05 p.m.
Madam Speaker, though we say this is a loan, it is a surcharge against the contract sum. And for that matter, if he had not performed at all, we would have collected the money back from him at the prevailing bank rate.
Mr. E. K. Bedzrah 12:05 p.m.
Madam Speaker, I would like to find out from the Hon Minister why it has taken Ghana Highway Authority (GHA) all this time before writing the first warning letter to the contractor.
Madam Speaker 12:05 p.m.
Hon Member, the question again?
Mr. Bedzrah 12:05 p.m.
Madam Speaker, I would like to find out from the Hon Minister why it has taken Ghana Highway Authority (GHA) all this time, from February 2008 to date, for them to give the contractor the first warning letter or the last warning letter.
Mr. J. K. Gidisu 12:05 p.m.
Madam Speaker, I said several warning letters', which means that along the line there had been several warning letters to him. And the last one is what we had recently sent to him.
Mr. S. K. Obodai 12:05 p.m.
Madam Speaker, in the Hon Minister's Answer, he indicated that since February 2009, the contractor had not been to site. Now, he is also saying that it was only yesterday that he brought a
certificate. Has the Hon Minister found out why the delay in bringing his certificate?
Madam Speaker 12:05 p.m.
Hon Minister, the question is, have you found out why he did not bring it earlier? Have you? That is the question.
Mr. J. K. Gidisu 12:05 p.m.
Madam Speaker, the certificate he brought yesterday will contain the schedule of work done. And from that schedule, which I am yet to apprise myself of, I would not be able to tell the House why the delays.
Madam Speaker 12:05 p.m.
We have had two questions from both sides. The last one goes to the Hon Minority Leader.
Mr. Kyei-Mensah-Bonsu 12:05 p.m.
Madam Speaker, the Hon Minister in his Answer, has indicated to us, that is, the last paragraph that:
“Paymen t to da t e amoun t s to GH¢134,000 as advance mobilization loan.”
Then, in the last sentence, he reiterates the fact that the loan has been granted to the contractor. And I beg to quote again:
“After termination, the value of works executed to date would be used to defray the advance mobilization loan.”
Madam Speaker, article 181 (1) of our Constitution states and I beg to quote 12:05 p.m.
“Parliament may, by a resolution supported by the votes of a majority of all the members of Parliament, authorise the Government to enter into an agreement for the granting of a loan out of any public fund or public account.”
Madam Speaker, may I know from the
Hon Minister what agreement - because - [Interruptions] -- anyway - what agreement has come from his Ministry to this House in respect of this loan that is he talking about?
Mr. J. K. Gidisu 12:05 p.m.
Madam Speaker, anyway, the advance mobilisation was given at the time that the Hon Minority Leader's Government was in power. But the point is that those are conventional
advances paid to contractors in the Ministry without any interest. For that matter, if he wants to tell me that in the Ministry we could deem it as a loss, I will not drag on. But it is an advance mobilisation and because it is an advance to him we deem it as a loan. If he does not work, it will be redeemed.
Mr. Kyei-Mensah-Bonsu 12:05 p.m.
Madam
Speaker, would the Hon Minister tell this House that the advance payment given out, certainly, is not a loan? If it is, then he should know that he must come to this House under article 181 and not by his Ministry.
Madam Speaker 12:05 p.m.
Hon Minister, the question is, is it a loan that you gave?
Mr. J. K. Gidisu 12:15 p.m.
Madam Speaker, it is a loan in the sense that it is guaranteed by the contractor's banks; it is money we pay from the Ministry but guaranteed by the contractor's banks and for that matter, it is regarded as a loan. That is how we process it within the Ministry.
Mr. Kyei-Mensah-Bonsu 12:15 p.m.
Madam Speaker, if the Hon Minister insists that that payment is a loan, would he then agree that then it would be in contravention of article 181?
Mr. A. S. K. Bagbin 12:15 p.m.
Madam Speaker, my Hon Colleague is seeking the opinion of the Hon Minister, whether he would agree, that should come under that article. I think the terminology of “advance mobilization loan” is a loose term that is being used; not the loan that we are referring to under article 181.
Madam Speaker 12:15 p.m.
Hon Members, it is time; one hour has passed and we will now move on to Public Business.

Now, Hon Members, we move to item 6 - Motion.

Hon Members, you may recall that yesterday, 25th June, 2009, this motion was moved and seconded and debate concluded, and what was left is to put the Question. I shall now put the Question.
MOTIONS 12:15 p.m.
  • [Resumption of debate from 25th June, 2009]
    • Dr. A. A. Osei 12:15 p.m.
    Madam Speaker, with respect, the reason that we deferred this was because of the numbers. So with your permission, I ask that we defer it till we have enough numbers. We deferred it because the House - [Interruptions.] We have the same problem -- so that allows you to call people in. [Inter-ruptions.] If the Clerk can count the number, it is not. It is worse.
    Madam Speaker 12:15 p.m.
    Hon Member, I think you are a little late in raising this. I had put the Question and got an answer.
    Dr. Osei 12:15 p.m.
    Madam Speaker, with respect, the rules say at any time. The Order says at any time.
    Madam Speaker 12:15 p.m.
    Well, it did say. So are you insisting on -
    Dr. Osei 12:15 p.m.
    Madam Speaker, I am just surprised that after we have deferred it, my Hon Colleagues would still not be here.
    Madam Speaker 12:15 p.m.
    Well, Hon. Member,
    Dr. Osei 12:15 p.m.
    Madam Speaker, I object to such language by Hon Members. Madam Speaker, I so insist.
    Madam Speaker 12:15 p.m.
    Are you insisting?
    Dr. Osei 12:15 p.m.
    Yes, Madam Speaker.
    Madam Speaker 12:15 p.m.
    Hon Members, I
    agree, we do not have of all Hon Members of Parliament here. But I will stand it down for ten minutes. Clerk, can you ring the bell so we stand it down again?
    Hon Leader, you must make sure that Hon Members are in the House and they only go to do committee work after we finish. [Interruptions.] The Hon Member said they are having water. [Laughter.] Hon Leader? Yes, more people are coming in. [Pause.] Hon Members, you have ten minutes to finish your refreshment.
    Hon Leader, are we to move on?
    Mr. Bagbin 12:15 p.m.
    Madam Speaker, I am
    surprised; I am very surprised at the turn
    of events, because I do not know whether the issues raised are under Order 48, which is dealing with a quorum to transact business, or he is talking about decision taken. If it is about decision taken, yes, we can go on with other business. We can still continue with business. So we move on to the next item. But when we come to a decision by then -- The ten minutes applies to transaction of business.
    Madam Speaker 12:15 p.m.
    No, the debate can go on in respect of item 7.
    Mr. Bagbin 12:15 p.m.
    Exactly, so we would continue with the Business of the House and I hope the Chief Whip of the Minority will try now to get those who are inside, now walking out. I have my people here. I hope - [Interruptions.]
    Mr. Kyei-Mensah-Bonsu 12:25 p.m.
    Madam

    Madam Speaker, with respect, when we started discussing this, we were even more than the Majority side. Madam Speaker, I do not think that we need to go into this. I was even pleading that maybe, we could find a way to carry Hon Members on board and have this decision taken. But the way the Majority Leader is going, it is certainly not helpful.
    Madam Speaker 12:25 p.m.
    Hon Member, I
    think there was this thing that they were going to have water or something and they still have ten minutes. I see them coming in. They are coming in because they had ten minutes. Hon Leader?
    Mr. Bagbin 12:25 p.m.
    Madam Speaker, may we go to item 9 dealing with the motion to adopt the Report of the Committee on Constitutional, Legal and Parliamentary Affairs?
    Madam Speaker 12:25 p.m.
    Item 9 - the
    Chairman of the Committee may move the motion numbered 9 on the Order Paper. Is the Chairman here?
    Report of the Committee on Constitutional, Legal and
    Parliamentary Affairs on the 2008 Annual Report of the Presidential
    Office Staff
    Mr. A. K. Agbesi (on behalf of
    the Chairman of the Committee): Madam Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Constitutional, Legal and Parliamentary Affairs on the Annual Report on the Presidential Office Staff for the period January to December, 2008.
    Madam Speaker, I wish to present to this House the Report of the Committee.
    1.0 Introduction
    The Chief of Staff in accordance with section 11 of the Presidential Office Act, 1993 (Act 463) presented the Annual Report on the staffing position of the Office of the President for the period January - December 2008 which was laid in Parliament on 2nd 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 Wednesday, 16th June, 2009 to consider the referral. The Chief Director, Mr. L. B. Tuse and the Director of Budget, Mr. Azu Ken from the Office of the President were in attendance at the invitation of the Committee to assist in deliberations. The Committee is grateful for their attendance and input.
    3.0 References Documents
    The Committee in considering the referral made reference to the following documents:
    a 1992 Constitution
    b Standing Orders of Parliament
    a The Presidential Office Act, 1993 (Act 463)
    4.0 Presidential Office Staff
    Sections 46 of the Act 463 provide for appointment, tenure and other conditions of service of the Presidential Office Staff. The January - December 2008 Annual Report covered:
    i. the number of staff employed at the Office of the President;
    ii. the ranks and grades of appointed staff; and
    iii. employees in other Public Services assigned to the Office of the President.
    4.1 Categories of Staff Employed at the Presidency
    Presidential Staffers at post during the year under review totalled seven and by designation included the following:
    i. Chief of Staff and Minister for Presidential Affairs,
    ii. Chief Advisor to the President,
    iii. A Minister of State,
    iv. Secretary to the President,
    v. Secretary to Cabinet, and
    vi. Two (2) Deputy Ministers.
    There were seventeen other officers which included three (3) Senior Special Aides to the President, two (2) Senior Special Aides to the Vice-President, a Special Assistant to the President, Press Secretary to the President and a Writer- in-Residence. There was also a nine (9) member team which was responsible for policy co-ordination, monitoring and evaluation at the Presidency.
    4.2 Other Categories of Staff
    The third categories of officers were employees of public sector organisations assigned to the Presidency. These included civil servants of various classes as well as other staff on attachment from Department of Parks and Gardens, Ghana Health Service, Controller and Accountant- General's Office, Audit Service, Ghana National Fire Service and the Public Works Department, making a total of two hundred and forty-one
    The last category of employees were the household staff which totalled three hundred and seventy-two. This category of staff served at the Office of the President including various residential and official facilities for the Presidency across the entire country.
    In sum, a total of six hundred and thirteen persons worked at the Presidency during the period in question. The respective categories of employees including the presidential staffers are attached in the form of annexure to this Report.
    5.0 Observation
    The Committee observed that the 2008 Annual Report like those of previous years provided information on just the staffing position at the Presidency which the Committee considered to be unsatisfactory. The Committee, however, noted that the format and content of the Report was in compliance with Act 463.
    The Committee, therefore, observed the need to amend Act 463 in due course to enable the Office of the President to present to the House a more compre- hensive Report which would capture among others, at least, some achievements and challenges, if any, that confront the Presidency.
    6.0 Recommendations Conclusion
    The Committee has examined the Report in detail and considers the content satisfactory in the light of section 11 of Act 463. The Committee accordingly recommends that this House adopts the Annual Report on Presidential Office Staff, JanuaryDecember, 2008.

    Respectfully submitted.
    Mr. Yaw Baah (NPP - Kumawu) 12:25 p.m.
    Madam Speaker, I rise to second the motion before the House and in doing so, I have just one observation to make.
    Madam Speaker, I am just referring to the “Observation” and with your indulgence, I beg to quote:
    “The Committee observed that the 2002 Annual Report like those of previous years' provided in- formation on just the staffing position at the Presidency which the Committee considered to be unsatisfactory. The Committee, however, noted that the format and content of the Report were
    Mr. Yaw Baah (NPP - Kumawu) 12:35 p.m.


    in compliance with Act 463. The Committee, therefore, observed the need to amend Act 463 in due course to enable the Office of the President to present to the House a more comprehensive Report which would capture among others at least some achievements and challenges if any, that confront the Presidency.”

    Madam Speaker, looking at the parent Act, especially with regard to section 11 and reading it in tandem with section 2 of the parent Act - Madam Speaker, with your indulgence, I beg to quote:

    “Section 11 says: The President shall within three months after the end of each financial year submit to Parliament an annual report containing the following infor- mation:

    a) The number of presidential staff employed at the office;

    b) The rank or grade of staff and;

    c) Employees in the other Public Services assigned to His Excellency's office.”

    Madam Speaker, section 2 of the parent Act reads, and Madam Speaker with your permission, I quote:

    “The function of the Office is to provide the President and the Vice- President such services as they may require for the efficient and effective implementation of the Executive functions of the President and Vice- President under the Constitution and any other law.”

    Madam Speaker, I do not see the need for any amendment because if one looks at His Excellencies, I am talking about the President and the Vice-President, have constitutionally been clothed with

    the powers to run the country effectively. Therefore, they do not need to come back for us to legislate before they could report on any impediment, anything that is hindrance with regard to their work.

    They must form part of the reportage. After all, all we are doing is to ensure that His Excellencies' outfits, I am talking of both the President and the Vice-President, perform their constitutional duties -- So they do not need any further power from Parliament for us to amend that section because it is incorporated in the work they are expected to do. So they do not need to come back to Parliament for any further amendment seeking here before the Report could comprehensively capture the pitfalls or impediments so far as executing this constitutional duty --

    For this short observation, Madam

    Speaker, I thank you for the opportunity.

    Question put and motion agreed to.

    Resolved accordingly.
    Madam Speaker 12:35 p.m.
    Hon Leader, do we move on to motion 10?
    Mr. Bagbin 12:35 p.m.
    Madam Speaker, we
    will now take item 6. This is just to put the Question on the motion that we have debated already. Report of the Commission on Human Rights and Administrative Justice for
    the period 1st January 2004 to 31st December, 2004
  • [Resumption of debate from column 1082]
    • Mr. Bagbin 12:35 p.m.
    Madam Speaker, may we now take item 7, if we should continue with the debates?
    Madam Speaker 12:35 p.m.
    Hon Members, item
    7. The House may recall that a motion to adopt the Report of Committee on Mines and Energy on the Petroleum Agreement among the Government of the Republic of Ghana, the Ghana National Petroleum Corporation (GNPC) and Vanco Ghana Limited and LUKOIL Overseas Ghana Limited for the conduct of exploration and production operations in the Offshore Cape Three Points Deep Water Block, which was moved by the Hon Member for Nabdam, Mr. Moses Asaga on Friday, 12th June 2009 and seconded by the Hon Member for Nkoranza South, Mr. Kwame Ampofo Twumasi, was deferred to enable the Committee to consider issues of conflict of interest and proper accounting procedures for oil revenue as directed by my goodself.
    I hereby invite the chairman of the Committee on Mines and Energy to report to the House on the two issues considered by the Committee before debate on the deferred motion resumes.
    GOG/GNPC/VANCO/LUKOIL
    Petroleum Agreement
  • [Resumption of debate from 12th June 2009.]
    • Papa Owusu-Ankomah 12:35 p.m.
    On a point
    of order. I see before me an addendum, supposed to be a Report of the Committee on Mines and Energy. The proper thing is that since it is a Report that has to be considered by the House, it has to be laid. I do not know whether the addendum has been laid. Addendum Report. Once it is an addendum and it is for the consideration of the House, it has to be laid.
    Addendum. Just lay it and then we proceed. It has not been laid so it cannot be considered by the House.
    Mr. E. K. D. Adjaho 12:35 p.m.
    Madam
    Speaker, we did consider this point at the Committee level. I am a member of the Committee and we were advised that, that is one way of going about it but I agree entirely with the Hon Member. We can suspend the Standing Orders and then lay it and then we continue ahead and then we do it. So if the Standing Orders can be suspended, have it laid and then we go ahead and for it to be taken.
    We discussed this and we advised at
    Mr. E. K. D. Adjaho 12:35 p.m.


    the Committee level that since it is the continuation of the debate and that the original Report still holds valid, we should treat this one as a continuation of the debate. So the Chairman of the Committee was to announce to the House that the Report, there is an addition to it and it is to be captured by the Hansard Department and be treated as a whole so that we proceed to consider the other matters that we have referred to the Committee.

    There is a question of style but if it is a question of laying, that should not create too much problem for the House, that can be done. I think that we can have it laid by suspending the Standing Order. In fact, a lot of consultation has taken place with regard to this matter with both sides of the House.
    Madam Speaker 12:35 p.m.
    If it is the will of
    this House, lay it, then we carry on with it.
    PAPERS 12:35 p.m.
    Mr. Kyei-Mensah-Bonsu 12:35 p.m.
    Madam
    Speaker, I believe that there cannot be any opposition to what is being done except the procedure. On the Order Paper for today, there is no room for the presentation of Papers. I agree then that by leave of Madam Speaker, for that matter, the order of business set out in the Order Paper may
    be altered, that is permissible.
    So I believe the proper thing to do is to seek to alter the Order Paper to include Laying of Papers and that will be done by your goodself and having been so done, then the way will be paved for the Chairman of the Committee to then lay the Paper. After it has been laid, the necessary Standing Orders would be suspended for us to proceed smoothly. I think in principle we all agree but I think the proper thing must be done, so that we are clear in our minds, that tomorrow nobody attacks us. That is just what I recognized.
    Madam Speaker 12:45 p.m.
    Hon Member, I think he wants us to go through the process. You asked that we change the Standing Order.
    Mr. Bagbin 12:45 p.m.
    Madam Speaker, if my Hon Colleague, the Minority Leader was timeous, definitely, that would have been the position. But after sitting for some time, we have gone far, and he wants us to go back. I think that is not the best. We will take note of what he has stated and then we will proceed with the presentation of the Report and to debate it. We will so consider it next time. I think that is the proper way to go.
    Madam Speaker 12:45 p.m.
    Hon Member, then he says we suspend the Standing Order. What Standing Order? Let us put it down. So he says, we must really do it that way, and then laying of the Paper will be allowed. I have already, sort of, allowed it, and it has been laid. So we will be going back because, he laid it; it was read.
    I was just going to announce that it was for the consideration of the House. So how do we do it because the permission
    was sought and I approved before -- and I suppose it embodied the whole of the point you made, except that we must state so. Is it not?
    Mr. Kyei-Mensah-Bonsu 12:45 p.m.
    Madam Speaker, as I said, in principle, I do not oppose it. I was just talking about the procedure. But with this acknowledge- ment, I believe that the Table Office and the Hansard Department would conspire to capture it appropriately and then we move on -- [Laughter.]
    Madam Speaker 12:45 p.m.
    Hon Member, yes,
    it has been noted. I think you are right. The Paper has been laid, and it is for the consideration of the House. Yes, Hon Member, have you finished?
    rose
    Madam Speaker 12:45 p.m.
    The two Papers have been laid, and so it is for debate. Any comments, any contributions? [Inter- ruption.]
    Mr. Asaga 12:45 p.m.
    Madam Speaker, I am still trying to give the salient points of the Report -- [Interruption.]
    Madam Speaker 12:45 p.m.
    You have already given -- [Interruption.]
    Suspension of Standing Order 80 (1)
    Mr. Moses Asaga 12:45 p.m.
    Madam Speaker,
    I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is moved, the motion for the Report of the Committee on Mines and Energy on the Issue of Accounting for Oil and Conflict of Interest arising out of the Committee Report on the Petroleum Agreement among the Republic of Ghana,
    Ghana National Petroleum Corporation and Vanco Ghana Limited and LUKOIL Overseas Ghana Limited in respect of Cape Three Points Deep Water Block Offshore Ghana may be moved today.
    Mr. J. K. Adda 12:45 p.m.
    Madam Speaker, I rise to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Madam Speaker 12:45 p.m.
    Hon Member, the last time, you did move on the -- [Inter- ruption.]
    MOTIONS 12:45 p.m.
  • [Resumption of debate from 19th June, 2009]
    • Chairman of the Committee (Mr. Moses Asaga) 12:45 p.m.
    Madam Speaker, I beg to move, that the Report of the Committee on Mines and Energy on the Issue of Accounting for Oil and Conflict of Interest arising out of the Committee's Report on the Petroleum Agreement among the Republic of Ghana, Ghana National Petroleum Corporation and Vanco Ghana Limited and LUKOIL Overseas Ghana Limited in respect of Cape Three Points Deep Water Block Offshore Ghana be adopted by the Honourable House.
    Madam Speaker, the motion for the
    adoption of the Report of the Committee on Mines and Energy on the Petroleum Agreement among the Republic of Ghana, Ghana National Petroleum Corporation and Vanco Ghana Ltd and Lukoil Overseas Ghana Ltd in respect of Cape Three Points Deepwater Block Offshore Ghana, was moved by the Chairman of the Committee on Mines and Energy, Mr. Moses Asaga and seconded by Mr. Kwame Amporfo
    Chairman of the Committee (Mr. Moses Asaga) 12:45 p.m.


    Twumasi on Friday, 12th June, 2009. However, debate on the motion brought to the fore the issues of conflict of interest and proper accounting procedures for oil revenues.

    Madam Speaker accordingly referred these issues back to the Committee on Mines and Energy for consideration and report.

    Following the referral, the Committee met on Friday, 19th June and Tuesday, 23rd June, 2009 and considered the referral and hereby reports as follows:

    2.0 Reference Documents

    The Committee made reference to the following documents during its deliberations:

    i. The 1992 Constitution of the Republic of Ghana.

    ii. The Standing Orders of the House.

    iii. The original Petroleum Agreement document between the Government of Ghana, Ghana National Petro- leum Corporation on one hand and Vanco Ghana Ltd. and Lukoil Overseas Ghana Ltd on the other hand.

    iv. Petroleum (Exploration and Production) Law 1984 PNDCL 84.

    v. The Model Petroleum Agreement. vi. CHRAJ Guidelines on Conflict

    of Interest.

    3.0 Background

    The Petroleum Agreement among the Republic of Ghana, Ghana National Petroleum Corporation and Vanco Ghana

    Ltd and Lukoil Overseas Ghana Ltd for the conduct of petroleum exploration in the Cape Three Points Deepwater Block Offshore Ghana, was laid before the House on Wednesday, 22nd April 2009 and was subsequently referred to the Committee on Mines and Energy for consideration and report in pursuance of article 103 (3) of the 1992 Constitution and Standing Order 188 (2) of the House.

    The Committee subsequently met on Friday, 26th April 2009 and considered the Agreement. It will be recalled that at the time the Committee met to consider the Agreement, the issue of conflict of interest had not arisen. However, the perceived conflict of interest arose when Nana Boakye Asafu-Adjaye, a consultant of Vanco Ghana Ltd was appointed the Chief Executive Officer of GNPC.

    4.0 Observations

    a) Accounting for Oil Revenues

    The Committee during the deliberations observed that articles ten (10) and eleven (11) of the Model Petroleum Agreement and the Accounting Guide which are the basis for any petroleum agreement made sufficient provisions for accounting for oil revenues in the event of any commercial discovery.

    The Committee also observed further that this new Agreement is an improvement on previous agreements in fiscal terms. The new Agreement for instance increases State participation from 15 per cent to 20 per cent and makes the State the sole owner of any associated gas in the event of commercial discovery.

    b) Perceived Conflict of Interest

    To fully satisfy itself that the Chief Executive Officer of GNPC, Nana Boakye Asafu-Adjaye actually severed his relationship with Vanco Ghana Ltd, relevant documents to this effect were requested and duly submitted to the Committee. (Copies attached as appendixes 1 and II.)

    The Committee made reference to the CHRAJ guidelines on conflict of interest and other write-ups on the subject matter which the Committee discussed. The discussions revealed that there appears to be no clear legislation in Ghana other than article 284 of the 1992 Constitution that deals specifically with the issue of conflict of interest.

    The Committee is also unanimous that its mandate and indeed, that of Parliament is derived from article 268 of the 1992 Constitution which requires Parliament to ratify agreements relating to the exploitation of natural resources. The Committee recognized the fact that article 103 (3) of the 1992 Constitution empowers Parliamentary committees to undertake investigations and enquiries into the activities of government departments and agencies.

    However, article 195 (1) of the 1992 Constitution conferred on the President, acting in accordance with the advice of the Governing Council given in consultation with the Public Services Commission by the power to appoint public officers to head such government agencies.

    5.0 Conclusion

    The Committee was of the view that the Petroleum Agreement among the Republic of Ghana, Ghana National Petroleum Corporation and Vanco Chana Limited and Lukoil Overseas Ghana Limited in reespect of Cape Three Points Deepwater Block Offshore Ghana is a good one and is in the nation's interest. It is also an improvement over the original Vanco Agreement which was ratified by this Honourable House in 2002. The Committee is also of the view that the Petroleum Agreement makes adeqaute provisions for accounting for oil revenues in the event of any commercial discovery.

    On the issue of Nana Boakye Asafu- Adjaye as Chief Executive Officer of GNPC, the Commitee was divided on the likely issue of conflict of interest raised by some memebrs of the Commitee. As to the Petroleum Agreement itself, the Committee was unanimous that it is a clear improvement on the terms and conditions compared to previous agreements.

    The Committee wishes to recommend to this Honourable House to adopt this Report and ratify the Agreement in acordance with article 268 of the 1992 Constitution.
    Mr. Joseph Kofi Adda (NPP -- Navrongo Central) 12:55 p.m.
    Madam Speaker, I do rise to second the motion and also to comment on the Report.
    Madam Speaker, it is true that two issues were referred to your Committee
    Madam Speaker 12:55 p.m.
    Hon Members,
    we are going to have three contributors from each side and we start with Hon Joe Ghartey. I have been provided with a list, three contributors from each side and I will start with Hon Joe Ghartey.
    Question Proposed.
    Deputy Minister for Energy (Mr. Emmanuel Armah-Kofi Buah): Madam Speaker, I want to thank the Committee for a good work done. I also agree that the Committee was correct in pointing out that the Agreement was truly an improvement over the past Agreement.
    Madam Speaker, it is also very important to point out Vanco's history here. It is a company that engaged in the previous exploration and even exceeded the financial obligations at the time, about seven million. And they are interested in the fields and have come back. Under the Agreement, they were required to seek Parliamentary approval. Madam Speaker, that is why we are --
    I also want to point out, Madam Speaker, that this Committee was right in pointing out that this Agreement that we are discussing and the conflict of interest issue, are two separate matters.
    Madam Speaker, in their Report, it was pointed out that it is only the President with the advice of the Public Services Commission, who has the power under article 195 (1) to appoint.
    Madam Speaker, it is also instructive to note here that the Committee looked at the track and quite frankly there were no conflict of interest rules violated under this Agreement.
    So Madam Speaker, we all agree that this Agreement is an improvement over the previous one and we agree that Ghana stands to gain under this Agreement and we all agree that the terms are truly an improvement over the previous one and
    Madam Speaker 12:55 p.m.


    with this point, I humbly urge this House to approve this Agreement.
    Mr. Joe Ghartey (NPP -- Esikadu/ Ketan) 1:05 p.m.
    Madam Speaker, let me thank you for giving me the opportunity to speak. And let me also say that, on 12th of June when after our debate, Madam Speaker made a ruling which can be found in column 584 of the Hansard of 12th of June 2009 which referred the Report back to the Committee to consider these matters, is something historical.
    Madam Speaker, under article 268 of the Constitution, agreements involving natural resources are ratified by Parliament. In fact, Madam Speaker, before that day, the position had been from time out of mind, that Parliament just looks at the terms and conditions of the Agreement itself, considers it and ratifies it or decides not to ratify it.
    Madam Speaker, what happened on that day came from the power given to Parliament under article 103 (3) of the Constitution and if I may read, Madam Speaker:
    “Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as Parliament may determine; and such investigation and inquiries may extend to proposals for legislation.”
    Madam Speaker, it is, indeed, for that reason that we as the Committee undertook an investigation into two matters, one to deal with accounting and one to deal with conflict of interest. With
    regard to the accounting matter, there is unanimity and I will not comment on it. With regard to the conflict of interest, that is where, some of us in the Minority or the Minority will depart from our Colleagues in the Majority.
    Madam Speaker, the point has been made that appointments to GNPC is made by the President, under the constitutional authority supported by the Public Services Commission, et cetera. We cannot challenge that but that does not mean we cannot comment on it. And Madam Speaker, with your permission, I will just give one example. Indeed, when the Executive brings its budget to Parliament, Parliament cannot increase it but we comment on it.
    So Madam Speaker, the fact that we are commenting on it does not mean we are appointing somebody. I want to say also that, from the beginning any comments that we make are not due to ill-will or malice against any person. Indeed, the gentleman is not even known to us. But Madam Speaker, we are of the considered view that clearly, the situation in which we find ourselves gives serious cause for concern.
    I refer to the guidelines on conflict of interest to assist public officials to identify and manage and resolve conflict of interest published by the Commission on Human Rights and Administrative Justice (CHRAJ) in 2006. Madam Speaker, they referred to the article of the Constitution that deals with conflict of interest and the first article in Chapter 24 of the Constitution. Madam Speaker, with your permission, if I may quote Chapter 24.
    Madam Speaker it says 1:05 p.m.
    Madam Speaker 1:05 p.m.
    Article --?
    Mr. Ghartey 1:05 p.m.
    Article 284 -
    “A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the function of his office.”
    Madam Speaker, in this CHRAJ guidelines, the point is made that apart from this provision in our Constitution, you cannot find a definition of conflict of interest in one document under our laws. So CHRAJ attempts to assist us and CHRAJ says that these are guidelines, and I quote from page 12 of the guidelines and it states as follows:
    “The guidelines do not attempt to cover every possible situation in which conflict of interest may occur. Instead they are designed as a general policy and practical reference which is relevant to a rapidly changing social environ- ment of Ghana.”
    Madam Speaker, the guidelines on page 16 defines conflict of interest and they say,
    “it includes an act of omission which is or appears or has the potential to be in conflict with the proper discharge of a public official's duties in the public interest”.
    Madam Speaker, the position of the Chief Executive's appointment, it is our submission, has the potential to be in conflict with the proper discharge of his public official's duties in the public interest.
    Madam Speaker, the Petroleum Agreement is not a one-off Agreement. It is an Agreement which continues in operation and what it does is that within the Agreement itself, there is continuous relationship between GNPC
    and the company which is described as the contractor. Indeed, it envisages the establishment of a joint management committee under article 6 of all agreements. And this joint management committee implements petroleum operations.
    Madam Speaker, a look at the Petroleum Exploration and Production Act 1984, PNDC Law 84, section 22 deals with obligations of contractors. Now, Madam Speaker, when you look at the obligations of contractors under this law, it is clear that to some extent, one can say that GNPC is also a regulator in this industry.
    Madam Speaker, we also have to bear in mind the fact that in this entire industry that we have undertaken in Ghana, they are only about eight operators. One of the operators has its country manager, who has now resigned barely a few weeks ago, sitting in the chair of the State national company, which is a joint venture partner as well as a regulator.
    Madam Speaker, indeed, I do not know of any better situation which fits what was described by the Commission on Human and People's Rights on page 16, when we said conflict of interest includes, where there appears to be a potential or has the potential to be in conflict with the proper discharge of a public official's duty in the public interest.
    Mr. E. K. D. Adjaho 1:05 p.m.
    On a point of order. Madam Speaker, the Hon Member is misleading this House. Madam Speaker, it is not correct to say that GNPC is a regulator. In fact, GNPC is not the sole
    Mr. E. K. D. Adjaho 1:05 p.m.


    regulator of that industry -- [Inter- ruptions.] The Ministry of Energy, when it comes to petroleum matters, even has more regulatory powers than GNPC. It is important to put this on record because he singled out GNPC and that creates the impression as if it is GNPC which is the sole regulator of the petroleum industry. That is not true. It is important to put that on record.
    Mr. Ghartey 1:05 p.m.
    Madam Speaker, I thank him for his kind intervention but indeed, his intervention answers itself that I said it is a regulator. He is saying it is not so. He said the Ministry of Energy also has some power. But that is debatable, Madam Speaker. Because every Minister is merely an appendage of the President and every Minister's power to administrate, if it is not provided for in the law, is merely administrative but in the law, I have stated that when you look at obligations of a contractor -- when you look at the law, it is quite clear that the regulator, the major regulator is GNPC.
    Mr. E. A. Buah 1:05 p.m.
    On a point of order. Madam Speaker, the Hon Member is misleading the House. In fact, it is the Minister who in the sense of his description can be described as the regulator - [Interruptions.] That is the reason why we talked about Plan of Development (POD) because the Minister's signature is not on. It is not GNPC, it is the Minister.
    Thank you, Madam Speaker.
    Mr. Ghartey 1:05 p.m.
    Madam Speaker, I need to respond to my Hon Friend because he is a Deputy Minister and he needs to get his facts right. Madam Speaker, with the greatest of respect, signatory and regulator
    Madam Speaker 1:15 p.m.
    I am carrying on
    with you but I thought you had to make comments. But we are sort of going into laws and everything and we are also restricted by time. So I will give you more time to round up because we will not keep the whole time for comments.
    Mr. Ghartey 1:15 p.m.
    Madam Speaker, I am very grateful to you for your kindness and in one sentence, I would just say that -- [Interruption.]
    Madam Speaker 1:15 p.m.
    It would be better
    if you sum up for us. Being a lawyer, most of us here may not - so you sum up for us and save time.
    Mr. Ghartey 1:15 p.m.
    Madam Speaker, clearly, when you look at the obligations that the company has to the State, it is for corporation; GNPC that ensures that the company carries out its obligations to the State and in that search, GNPC is the regulator.
    Madam Speaker, I was saying that since the time of Tetteh Quarshie, we have been dependent on cocoa. And for the first time, we have the opportunity to have another leg to our economic development. Madam Speaker, petroleum has been described as a blessing and also as a curse. I will quote from the book Corruption in the Petroleum Sector by Charles McPherson and Stephen; I hear he is in Ghana, some of our Hon Members met him today. And he says:
    “The so-called resource curse and specific petroleum industry dynamics make the oil and gas sector particularly prone to corruption, from the first speculation about the potential oil in the ground through
    all the stages ending in the spending (or misspending) . . .”
    Madam Speaker, I am also fortified by William Eagle, in his Anti-Corruption Initiatives Aimed at the African Petroleum Industry. Where he says that
    “. . . Transparency International says some of the most corrupt industries in Africa is the oil industry . . .”
    This is a new industry. Like Caesar's wife, Madam Speaker, this industry must be above reproach. The potential for conflict of interest, the potential for perceived conflict of interest exists, having regard to all the facts that I have stated.
    I appeal that this House should comment to His Excellency the President, that he looks again at what he has done. We cannot direct it. It is an avoidable mistake or even if - Madam Speaker, I will rest my case.
    But Madam Speaker, in resting my case, since this House is extremely biblical, I will refer to Mathew chapter 27 [Hear! Hear!] Mathew 27:24, and I would summarise, because you said that we should summarise. And this is about when Pontius Pilate asked the people, that what is wrong with this man and they came back, they said, “crucify him”. What Pontius Pilate did was that he asked for water, and then he said, “I wash my hands, if you want, to take him”.
    Madam Speaker, we the Hon Members
    on this side of the House and my Minority Leader will confirm, have “washed our hands”.
    We support the Agreement; our duty as a Parliament, supporting the interest of the people of Ghana, goes beyond just the terms and conditions. We have raised the red flag, there is a potential for conflict of
    interest, and we need, Madam Speaker, to protect our industry, to protect the future of our country.
    I thank you very much, Madam
    Madam Speaker 1:15 p.m.
    Thank you, Hon Member. [Interruptions.] The next Member to speak is -- [Interruptions.]
    Mr. E. K. D. Adjaho (NDC --
    Avenor/Ave): Madam Speaker, I rise to support this motion. Madam Speaker, it is good that this issue of conflict of interest has been raised on the floor of the House.
    Madam Speaker, it is important to place on record, that at the time that this Agreement was negotiated, the gentleman who has been appointed to be the Acting Chief Executive and Managing Director of GNPC was not a public officer. It is important to place this on record. It is also to place on record for the whole world to know, that the block which is the subject matter of this Agreement, which is going to be explored, has been ratified in this House as far back as 2002 by this Parliament.
    Dr. A. A. Osei 1:15 p.m.
    On a point of order!
    Madam Speaker, my senior Colleague is misleading this House. This Parliament just started in January. We could not have ratified something in 2002 -- [Inter-ruptions] he said this Parliament. Madam Speaker, some Parliament, not this Parliament of Ghana, not this Parliament. So he should correct that statement.
    Madam Speaker 1:15 p.m.
    Hon Member, he said it was not this present Parliament.
    Mr. Adjaho 1:15 p.m.
    Madam Speaker, I did not say the Fifth Parliament of the Fourth Republic, that is not what I said. I am very
    Mr. Adjaho 1:15 p.m.


    careful when I choose my words.
    Madam Speaker 1:15 p.m.
    So Hon Member,
    Mr. Adjaho 1:15 p.m.
    Madam Speaker,
    the Parliament of Ghana ratified this Agreement in 2002. It is important to notice that this Agreement -- in the previous Agreement. It is important to place on record that the Government of Ghana waived its sovereign immunity. In other words, in the previous Agreement, if Vanco Ghana Limited had gone to take an agreement against the Government of Ghana, they would sell our Embassies and everything that belonged to the Government of Ghana.

    That is why it is very, very important that -- this is a man who is likely to protect the interest of Ghana or not to protect the interest of Ghana. [Interruptions.] When he was not there, the sovereign immunity of Ghana was waived and when he was there -- [Interruptions] -- There is nothing like that in the Agreement -- [Interruptions.]
    Mr. Adda 1:15 p.m.
    On a point of order!
    Madam Speaker, my senior Colleague is seriously misleading this House. The gentleman we are talking about was the
    Country Director of Vanco Ghana Limited and clearly, he was negotiating on behalf of Vanco Ghana Limited and not on behalf of Ghana. It is the Ghana Government team that negotiated all these terms. If you want, extract all these terms from that gentleman and the Vanco team. So he was not speaking for Ghana, he was speaking for Vanco Ghana Limited at the time. That is why he is misleading the House.
    Mr. Adjaho 1:15 p.m.
    Madam Speaker, I believe that the Hon Ranking Member should listen to me carefully. The gentleman we are talking about was not involved at all in Vanco Ghana Limited, the Agreement that was brought to this House was no where near what we have before us now. That is the -- [Interruptions.] But he was party to the current Agreement which is far better than the 2002 Agreement that Parliament of Ghana ratified. That is the point that I am making.
    Madam Speaker, if he were pushing for his company's interest alone, he would have insisted that, the clause of waiving the sovereign immunity of the Republic of Ghana remained in that Agreement.
    Mr. Ambrose P. Dery 1:15 p.m.
    Madam Speaker, point of elucidation. Point of order! [Inter-ruptions.]
    Mr. Adjaho 1:15 p.m.
    I am not giving him the
    floor -- [Interruptions.] Madam Speaker, he said elucidation, and I am not giving him the floor -- [Interruptions] -- he should withdraw.
    Mr. Dery 1:15 p.m.
    Madam Speaker, I have risen on a point of order. [Interruptions.]
    Madam Speaker 1:15 p.m.
    What is the point
    of order?
    Mr. Dery 1:25 p.m.
    Madam Speaker, on a point of order. Madam Speaker, my good Friend is misleading this House and in fact, the substance of what he is saying supports the fact that the man cannot be trusted. This is because he said that although he was negotiating for Vanco Ghana Limited, he nevertheless did not - he was negotiating in the interest of Ghana, so in the end - [Interruptions.] So in the end, we cannot trust him to be loyal totally to Ghana, he will go in and in consonance with where he has interest.
    Mr. Adjaho 1:25 p.m.
    Madam Speaker, I have had the privilege as the member of your Committee on Mines and Energy of looking at a lot of agreements.
    Madam Speaker, some of us, at one point, had to take objection to Government of Ghana including the waiving of sovereign immunity of agreements that we signed with other countries.
    Madam Speaker, I can give a lot of examples, and at a point, Government of Ghana yielded the advice of some of us and had to go back and change the rendition in the Agreement.
    The point that I am making is that, this is a gentleman who is objective - [Interruptions.] What is not good is not good, and he will never say it because it is in the interest of his company, he will insist, that is the point that I am making.
    Madam Speaker, let me proceed. As the Committee has pointed out, there is no clear provision in our laws with regard to conflict of interest. I have looked at other jurisdictions, what they have in the legislation on conflict of interest. I believe that the time has come to pass a legislation on this area and I think if that is done, some of the doubts that we have, some of
    the debates would have been laid to rest.
    I believe that the difficulty that we have now is because there is no clear legislation on that matter. And I think that this House, as a House, should push for that provision otherwise, we will come to the floor of this House and be doing injustice to innocent Ghanaians just because, I perceived that it is a conflict of interest and another person perceived that it is not a conflict of interest.
    I think that it is not good for this country, it is not good for this House and I think that, we should take this opportunity to let the Commission on Human Rights and Administrative Justice (CHRAJ) lead that initiative of passing a legislation.
    But the guidelines that we have, which remain guidelines, do not in any way trap the gentleman in question. We brought this guidelines to the Committee, it is here for anybody to see -- the former Attorney-General and Minister for Justice did refer to them. There is nothing in these guidelines that capture the kind of situation before this House. And it is important, Madam Speaker, to put this issue on record.
    Madam Speaker, I believe I would have preferred that in order to send the right signal to our investors, we separate this Agreement from the issue of conflict of interest. Be as it may, we have succeeded in bringing the two together, which have blended a very good Agreement which have been put before us. I think the core mandate of this House was with regard to article 268 of the Constitution. But for this clause, this Agreement would not have come to this House.
    I, therefore, support the motion, that the Vanco Agreement should be supported and indeed, should be supported by both sides of the House. The issue of conflict of interest can only be resolved when proper
    Mr. Adjaho 1:25 p.m.


    legislation is passed in that direction.

    Madam Speaker, I urge my Hon

    Colleagues to push for a specific legislation in this area, to guide each and every one of us in public office. I support the motion.

    Thank you very much, Madam Speaker.
    Madam Speaker 1:25 p.m.
    The next speaker will be Hon Matthew Prempeh.
    Dr. Matthew O. Prempeh (NPP -- Manhyia) 1:25 p.m.
    Madam Speaker, I rise to support the Petroleum Agreement. But Madam Speaker, going by your ruling on column 584, we are here not because of the Agreement, but because both sides of the House supported the Agreement even when it came the first time. We are here because you asked the Committee to do a specific job and we are here to report on that job.
    I would like to proceed from where my Hon Senior Colleague spoke, quoting CHRAJ's guidelines, but a guideline is never mandatory. The Constitution supersedes the guideline and the Constitution, in article 284, made it explicit about conflict of interest. Maybe, what we do not have in this country as to sanctions where there is conflict of interest. And I agree with him on that point, but the guideline is never mandatory, a protocol might have been.
    Madam Speaker, this House exercises an oversight role over the Executive and if we know something and we treat it as ostriches, then posterity will not do well with us. That is why probably, your decision to refer it back to the Committee stands very, very true, here Madam Speaker.
    Madam Speaker, there are four broad areas of conflict of interest 1:25 p.m.
    self- policing, claim adjusters, taxation without representation but more importantly, revolving door politics and in this case of this gentleman, falls under revolving door politics.
    Madam Speaker, he may be very objective in listening to my Hon Colleague but I guess if I leave this Chamber and I drive recklessly on the road, and the police arrest me and send me to court, I have no business writing on the letterhead of Parliament as a Parliamentarian.
    We came here and we spoke about the illegality of the resignation document. Madam Speaker, the response to that from the gentleman was written on Ghana National Petroleum Corporation (GNPC) letterhead. We do not have a problem with GNPC; we have a problem with the gentleman whose role is conflicting.
    Madam Speaker, if you go through that letter, it is even worse and it is even obvious and I tend to support my Deputy Leader, because the gentleman does not show much loyalty here. In paragraph 7 of his letter, and with your permission, I quote:
    “Under the terms of this new petroleum agreement, Vanco LUKOIL has the most aggressive work programme in an initial exploration period among all petroleum agreements signed.”
    Madam Speaker, just less than a month in this position, he has used the inside knowledge of GNPC to defend himself on a GNPC letterhead in an issue that affects his person, not his Corporation.
    Mr. Asaga 1:25 p.m.
    Madam Speaker, on a
    point of order. Madam Speaker, the cat- calls are welcome but Madam Speaker, what is most important is that, he is referring to a certain paragraph and saying that even this person already knows the details about other petroleum agreements. All petroleum agreements are public and they are all in the public domain, they are captured in our Hansards and even for the one that we just debated on, the terms are in the Hansard.
    So it is public and so it is misleading to say that it is because of insider information. I just wanted to correct him that it is not out of insider information but it is a public document. So I just wanted to make that record very straight.
    If he has other information which has not been captured in the Hansard then he can refer to that but maybe, because he is a new Member and a friend of the Committee, he does not know that we captured them in the Hansard. So I just wanted to correct him on that.
    Mr. Kyei-Mensah-Bonsu 1:25 p.m.
    Madam Speaker, the Hon Gentleman who just spoke, my good Friend, Hon Moses Asaga says that “agreements are captured in the Hansard.” Madam Speaker, that is incorrect. This is the Petroleum Agreement that we are having, this one has never been captured in the Hansard and he knows that. Agreements are not captured in the Hansard.
    Dr. Prempeh 1:35 p.m.
    Madam Speaker, as old as my Hon Member is here in Parliament, he does not even follow the courtesies of Parliament - you do not have the floor, sit down and let me speak -- [Laughter] --
    Madam Speaker 1:35 p.m.
    Hon Members, there was a point of correction. He is disputing that it is captured, one side is saying it is not captured. So what is the - because let us inform the House -- Is it captured or is it not captured then we will know where the correction comes in?
    Mr. Asaga 1:35 p.m.
    Madam Speaker, the terms and conditions in the Agreement which he is -- [Interruptions] -- It is captured, so - yes, but those are the excerpts of the Agreement. Those are the excerpts of the Agreement and I would want to refer to the Minority Leader to read the Hansard of 12th June and he would see that all the salient terms and conditions are all in it. So the information that he has is public information.
    Mr. Kyei-Mensah-Bonsu 1:35 p.m.
    Madam Speaker, my Colleague has amended his own statement. He speaks for himself, so I will not further litigate it.
    Madam Speaker 1:35 p.m.
    Hon Dr. Prempeh, can you --
    Dr. Prempeh 1:35 p.m.
    Madam Speaker there are four ways to mitigate conflict of interest and both sides of the House already acknowledge that there is conflict of interest. If we go back to the 12th June, 2009 Hansard, you either remove yourself, you bring in third party resolutions, recusals, or Madam Speaker, for the last one, third party evaluations.
    Madam Speaker, this gentleman, the House should send a right signal to the Presidency, that we see that there is an obvious conflict of interest. Writing on GNPC Letterhead, when the thing involves his person, quoting petroleum agreement signed by virtue of the fact that he has been there for one month, and passing judgments on others in his own letter, that is what we mean by conflict of interest. We need not wait for a serious harm to be caused before we shout that
    Dr. Prempeh 1:35 p.m.


    there is conflict of interest.

    Madam Speaker, this side of the House supports this Agreement but the conflict of interest is so glaring, that if we dare say we are not sure, then it means we are behaving as ostriches and that this side of the House, and that side of the House more importantly, agrees with this side of the House that there is an obvious conflict of interest.

    I would believe that the Hon Deputy Minister should go back to his office rest- assured that we do not have any problem with the Agreement and that the Agreement, both sides of the House support it. But he should take it back to the Executive, that it would be better served in the interest of Ghana if that honourable gentleman with all his knowledge is put in another place.
    Madam Speaker 1:35 p.m.
    Yes, the next contributor is the Minority Leader. I have two more contributors. I will come to you and then I will go to the Majority Leader and then we close the debate.
    Minority Leader (Mr. Osei Kyei- Mensah-Bonsu) 1:35 p.m.
    Madam Speaker, I also rise to speak to this motion before us.
    Madam Speaker, I believe as we indicated on 12th June, that we do support the Agreement - that we on the Minority side do support the Agreement and that must be made crystal clear.
    Madam Speaker, the point at issue
    is the position of the gentleman, Nana Boakye Asafu-Adjaye, as the head of GNPC which is one of the partners of this Agreement.
    Madam Speaker 1:35 p.m.
    Order! Order,
    please!
    Mr. Kyei-Mensah-Bonsu 1:35 p.m.
    Madam Speaker, relating to the point made by the Deputy Minister when he said that the Ministry is a regulator because they signed the Plan of Development (POD). Madam Speaker, yes, indeed, they do sign even the Agreement, it does not make the Ministry the regulator. The Minister signs on behalf of the President, in whom is vested all the natural resources of this country on behalf of the people of this country. That is the point. It does not make the Minister or the Ministry a regulator and I believe the Deputy Minister would understand that.
    Mr. Asaga 1:35 p.m.
    Madam Speaker, I rise on a point of order. Vanco Ghana Limited and LUKOIL Overseas Ghana Limited have not made any discovery so this document cannot be described as post-discovery. I believe he had a certain intention but he has not put it the right way. This is still an exploration and production. They have not yet made a discovery.
    Mr. Kyei-Mensah-Bonsu 1:45 p.m.
    Madam Speaker, I appreciate the point made by my Colleague. He himself says that he understands it in one context. Let him restrict himself to the context which he
    understands and appreciates. I will not want to further litigate that matter.
    But Madam Speaker, it is obvious that before discovery, the tendency is for the country in the anxiety to be very liberal. After discovery, you now sit down, look at your circumstances and further improve the regime. That is what I said is commonsensical.
    Madam Speaker, the issue is, regarding
    the position of Nana Boakye Asafu-Adjaye, nobody is doubting his competence. That is not what is at stake. What is at stake is his association with Vanco Ghana Limited, and now with GNPC.
    Madam Speaker, there are other players in the industry and they would never cease being worried because they will know that they would be dealing with the Chief Executive who has a history of connection with one of the companies. That is the point that we are raising.
    Madam Speaker, article 284 as has been alluded to defines conflict of interest. Indeed, article 264 obliges Parliament to be very scrutinous and diligent in looking at such agreements as they concern natural resources, and this is one component that we are looking at.
    Madam Speaker, but coming to the point that has been raised by the First Deputy Speaker, that when he was a party to the current negotiation, he oversaw the best interest of Ghana. Madam Speaker, the question really to ask is, whose interest the man was protecting when he was the employee of Vanco Ghana Limited?

    He was certainly looking for the best
    rose
    Madam Speaker 1:45 p.m.
    I am going to take a point of order.
    Mr. Adjaho 1:45 p.m.
    Sit down, I have the floor.
    Mr. Kyei-Mensah-Bonsu 1:45 p.m.
    Madam Speaker, he cannot get up and pull the rug from under my feet, shouting that he has the floor. Madam Speaker, I do not take instructions from him.
    Madam Speaker 1:45 p.m.
    Let us hear from him, I think he is making a point of order.
    Mr. Adjaho 1:45 p.m.
    Madam Speaker, at times when you are going to write an examination and you prepare for a particular topic and you go to the examination room and you do not meet that particular question, you have to - even as I caught your eye, the Hon Minority Leader was not aware that I had caught your eye.
    But Madam Speaker, the issue in my submission, trying to compare the Agreement is to say that the man was objective in the sense that what is not good, it is not good in terms of the sovereign immunity. It is in that sense that I said it should not be generalised for purposes of the way the Hon Minority Leader is misleading this House. It was never done the way it was done in the first Agreement. And that is why when it is not good, it is not good. So when it is not good in the interest of the Government of Ghana, it is not good for the Government
    Mr. Adjaho 1:45 p.m.


    irrespective of who you are representing.
    Madam Speaker 1:45 p.m.
    Hon Minority Leader, can you kindly complete your submission?
    Mr. Kyei-Mensah-Bonsu 1:45 p.m.
    Madam Speaker, the Hon First Deputy Speaker is not in anyway telling us that in negotiating for Vanco Ghana Limited, the man then turned to represent the interest of Ghana. Is that the thing that he is telling us? [Interruptions.] Madam Speaker, that is what should even arouse our curiosity. That is what should even arouse our curiosity if the Hon First Deputy Speaker does not know.
    Mr. E. Armah-Kofi Buah 1:45 p.m.
    On a point of order. Madam Speaker, with all due respect to the Hon Minority Leader, this whole argument - he has just made a point that seems to be bringing out some conspiracy theory or impugning the integrity of this man.
    Madam Speaker 1:45 p.m.
    Order! Order!
    Mr. Buah 1:45 p.m.
    Madam Speaker, as a country, we need to learn. When Robert
    Robin was appointed Treasury Secretary in the United States, this is one reason why President Clinton stated for appointing him. He said,
    “You are being appointed because you have inside knowledge of the industry and the country stands to benefit.”
    This is fundamentally why it is important for us to put this argument in context. This man has a good experience in this industry, he understands the industry and it is important that we do not send a novice to GNPC. And that point has to be made.
    Madam Speaker 1:45 p.m.
    Well, can I have
    the Hon Minority Leader finish his contribution?
    Mr. Kyei-Mensah-Bonsu 1:45 p.m.
    Madam Speaker, the Hon Deputy Minister is a new man in this House. [Uproar.] There is a lot of room for him to improve himself as far as the conduct of business in this House is concerned. Madam Speaker, I would not want to argue with him because he is completely out of order, not knowing what the conduct of business in this House involves.
    Madam Speaker, now, we have come to what occasioned deferring further consideration of the matter the other day. Madam Speaker, you would recollect that when the letter came, when the matter arose, one of the issues that we raised was the resignation of the man. Indeed, we had letters to the effect that the man had resigned.
    The letter that came to this House was undated and we even wanted to know whether indeed, the letterhead that it was printed on really represented the letterhead of Vanco Ghana Limited, which we thought was a firm of some good standing and we needed to have a letterhead bearing Vanco Ghana Limited. It was undated and it was addressed to “Whom it may
    concern” and we thought we could not consider the letter.
    Madam Speaker, subsequent to that, we have a write-up from the man which acknowledges the mistake in this letter - [Shows a copy of a letter] - which we considered on the floor of this House on the 12th of June, 2009. If subsequently a mistake is observed and it has to be corrected and a letter is written, it will be after the fact. The date of that letter will be after the fact; that is after 12th June 2009.
    Madam Speaker, we now have a letter purporting to have come from the same source recognising the defect of the 12th June, 2009 and now that letter is dated 10th June, 2009 -- [Some Hon Members: Eih! Eih!] -- Madam Speaker, the first one that came did not bear a seal, today, we have another one that has a seal and it comes after the event, after the discussion here. What cannot be fishy about this? -- [Interruption.]
    Mr. Adjaho 1:45 p.m.
    Madam Speaker, I think that the Hon Minority Leader is seriously misleading this House. He cannot read that letter in isolation. That certification has to be read together with the termination agreement dated 29th May, 2009. The two documents have to be read together. You do not single one. When did the actual event of severing relationship with Vanco Ghana Limited take place? That was 29th May, 2009. The Hon Minority Leader is misleading this House -- [Interruption.]
    Mr. Kyei-Mensah-Bonsu 1:45 p.m.
    Madam Speaker, I would come to the one that he has raised -- [Interruption.]
    Madam Speaker 1:45 p.m.
    Hon Members, having regard to the state of business, I direct that Sitting be held outside the prescribed period.
    Hon Minority Leader, please, wind up. We have more business on the Order Paper.
    Mr. Kyei-Mensah-Bonsu 1:45 p.m.
    I wanted to make that point and that point is reflected in this document that we have.
    Madam Speaker, the other issue relates to the date that my Hon Colleague, the Hon First Deputy Speaker has quoted and reminded this House about. Madam Speaker, from the letter given to us by the Hon Minister and from the man concerned, what we notice is that the man, Nana Boakye Asafu-Adjaye, tells us that he resigned from Vanco Ghana Limited on the 29th of May, 2009.
    Madam Speaker, on the 28th of May the man was on the employ of GNPC - [Interruptions.] On the 28th of May the man was in the employ of GNPC. Madam Speaker, on the 28th of May and on the 29th of May, which entity was the man representing? Madam Speaker, that is from his own letter. So if you talk about conflict of interest -- [Interruption.]
    Mr. Adjaho 1:55 p.m.
    Madam Speaker, there is no evidence, either before this Committee or before this House that on 28th May the gentleman was in the employment of GNPC. He said he was informed of a possible taking-over as Acting Managing Director of GNPC on 28th May and on the 29th, he resigned. This is shown by the termination agreement which has been attached to the Report.
    The Hon Minority Leader is once again misleading this Honourable House.
    Mr. Kyei-Mensah-Bonsu 1:55 p.m.
    Madam
    Speaker, the Good Book says: “Those who have eyes, let them see.” Madam Speaker, what is the language in this letter? Madam

    Speaker, let me read and I believe all who have eyes to see and all who have ears to hear -- Madam Speaker, the relevant portion reads: [Interruptions.] And that is paragraph (2) and with your permission, I quote:

    “It is instructive to indicate that I have resigned or signed a termination of agreement with Vanco Ghana Limited on the 29th of May, 2009.”

    That is paragraph (2). Madam Speaker, the first paragraph on the second page of the letter reads, and I read the last sentence:

    “In fact, the offer from the Ministry of Energy to me . . .”

    which he acceded to, is dated 28th May, 2009. [Interruptions.] Madam Speaker, so the question to ask is, 28th May and 29th May, who was he representing? Madam Speaker, he was appropriately employed by that letter, that offer letter dated 28th May. There cannot be any two ways about that, unless people want to play the ostrich.

    Madam Speaker, he was employed on the 28th of May, 2009 by GNPC; that is the meaning of the language and tenor herein contained unless people want to give a different interpretation to it. [Inter- ruptions].
    Madam Speaker 1:55 p.m.
    Order! Order!
    Mr. Kyei-Mensah-Bonsu 1:55 p.m.
    Madam
    Speaker, that indeed, is the position because we requested to know when he started --
    Madam Speaker 1:55 p.m.
    Hon Minority
    Leader, can you please, wind up?
    Mr. Kyei-Mensah-Bonsu 1:55 p.m.
    We
    requested to know when he severed his relations with Vanco Ghana Limited, when he resigned and he tells us he resigned on 29th. We want to know when he joined GNPC; he himself says 28th May and people would want to read some meaning into that. You cannot understand this.
    Madam Speaker, we have no doubt in our minds at all that the position of Nana Boakye Asafo-Adjaye on the two bodies, that is, jumping from the platform of Vanco Ghana Limited to now the platform of GNPC, puts him in a position that could negatively affect the other companies that he would be dealing with. In fact, there, a potential for conflict of interest and Madam Speaker, that is what we are sounding; we are raising the red flags.

    Madam Speaker, we should be warry as a nation about the ides of June. Madam Speaker, on this note, as I have sounded, we support the Agreement.

    Regarding the position of Nana Boakye Asafo-Adjaye, we are not able to support him; we wash our hands off it -- [Hear! Hear!] like Pontius Pilate and let any evil effect of it -- [Interruptions] -- on the heads of this nation. Madam Speaker, I was going to call for water, but I have seen you drink water. I would borrow from that water that you are drinking to wash my hands and the hands of those of us from this side of the House. Let any blame be on the heads of the appointees.
    Madam Speaker 2:05 p.m.
    Thank you Hon
    Minority Leader. Hon Majority Leader, you have the last word.
    Majority Leader (Mr. A. S. K.
    Bagbin): Madam Speaker, I stand to support the motion on the floor and the motion is for us to approve the Report of the Committee by adopting it in connection with the Agreement that has been entered into by four parties, including the Government of the Republic of Ghana.
    Madam Speaker, I want to thank all Hon Members for unanimously agreeing that the Agreement is a vast improvement on an earlier one that was approved by this House in 2002. It, therefore, stands to reason that Parliament would not fail to approve an improved Agreement.
    So I am grateful that we have all agreed to approve the Agreement. It is legitimate and indeed, part of the practice for comments to be made with respect to other extraneous matters which we believe as Members, may in one way or other have other implications for the country and it is in this light that Madam Speaker, we did ask the Committee to go back to look at the issue of conflict of interest.
    Madam Speaker, from the Report of the Committee, it is clear that as far as the Agreement is concerned, there is no conflict of interest. Now, the issue is in the performance of an official who acted as the Country Director for one company, that is, Vanco Ghana Limited and now being asked to head a State institution called the Ghana National Petroleum Corporation -- whether in the per-formance of his duty, he would be working in a situation where his personal interest would stand to conflict
    with the performance of his public duties.
    Madam Speaker, I agree with the Committee and the Hon Members that it is quite a grey area and the law is not clear on this and there is an urgent need for us as a House to lead the country to iron out in detail the remit of the laws on conflict of interest.

    Madam Speaker, the Constitution

    quoted, the article 284 definitely deals with the personal interest of the person conflicting or likely to conflict with the performance of the functions of the person as a public officer. Now, we may need to go beyond the roles that he played because even when he was with the Vanco Ghana Limited, he was performing functions for and on behalf Vanco Ghana Limited, and that will not amount to personal interest.

    Again, in this role as Chief Executive,

    he will be working as a public officer. That will not also amount to working as a personal interest. Now, I think the issues that are being raised are issues that are being discussed even by the Commission on Human Rights and Administrative Justice.(CHRAJ). We have a period where we call sanitation period or cooling off period. But technically, it is called the sanitation period where when you work with a company, you will need to stay for a period of time in an industry before you can go to work with another partner company.

    That ranges from industry to industry and from country to country. In some cases, it could be six months and in some cases, it could be a year, three years or even five years. There are rules on this. Madam Speaker, this has not been spelt out in our laws and therefore, we are trying
    Madam Speaker 2:05 p.m.


    to use the general common knowledge as a guide and that is why the call for us to lead the country to enact legislation in this direction must be supported and applauded by all.

    Madam Speaker, the likelihood of the

    washing of hands being misinterpreted is great because you would not know whether the washing of hands is in respect of the Agreement. [Interruption.] Well, when I am talking about misinter-pretation, it means you have stated something that others could interpret differently. I have not stated that it has not been said. Please, let us get this clear.

    It is important that we emphasize that, as a House, we all agree and we support the motion and we will approve the Agreement. But we are saying that the authorities outside the House should take note of the comments made and advise themselves in taking decisions that have administrative or other consequences for the country.

    Now, Madam Speaker, as a country

    sometimes, it is important that we give signals or raise the alarm bells so that some institutions or State institutions or other civil society organizations that would have acted but for focus of work might not be aware of what is happening could take up the matter. So it is not always that Parliament will lead in some situations but at least, we have the opportunity to sound alarm bells and I have no doubt that this is what is being done and I will encourage that we do that but we should not in any way be clouded by our views as to the goodness or otherwise of the Agreement.

    So I support the Agreement. I thank

    my Hon Colleagues for also supporting it. I encourage them to continue to make critical comments but as a House, we will together approve the Agreement. But we will also be applauded for being in the position to lead the country in taking critical views of the very important oil industry. This will be a signal that the House is getting and girding its loins to make sure that the right thing is done in the oil industry so that the oil find will be a blessing and not a curse.

    I think that our development partners will be encouraged that we are doing a good job and that at the end of the day, we will make sure that the right thing is done for the betterment of Ghana.

    So I thank Hon Colleagues for

    supporting the motion.
    Madam Speaker 2:05 p.m.
    Hon Members, this concludes the debate and I am now going to put the Question.
    Question put and motion agreed to.
    Madam Speaker 2:05 p.m.
    This then brings us to item 8 and I will call on the Hon Minister to move the Resolution.
    Mr. Bagbin 2:05 p.m.
    Madam Speaker, I want to pray here that for the Resolution, we defer it to next week where we could take -- [Interruption.]
    Madam Speaker 2:05 p.m.
    If we can take the Resolution and finish with the matter --
    Mr. Bagbin 2:05 p.m.
    Madam Speaker, I am
    craving the indulgence of the House and the permission of the Speaker to defer the Resolution to next week. We have approved the Agreement but we need to resolve and I think that we should do that
    Mr. Bagbin 2:05 p.m.


    next week. It will be proper and better for us to do it next week

    Thank you very much.
    Madam Speaker 2:05 p.m.
    Well, thank you
    very much. We defer item 8. Do we defer item 10 too? It is well past two o'clock, so I defer item 10 too.

    Hon Leader, any indication as to

    adjournment?
    Mr. A. S. K. Bagbin 2:05 p.m.
    Madam Speaker,
    I think that it is time for us to take a bow and adjourn the House to next week and since it is after two o'clock, it is completely within your jurisdiction to do so, so that we come back at 10.00 a.m. on Monday which is 29th June, 2009.
    Madam Speaker 2:05 p.m.
    The House is adjourned.
    ADJOURNMENT 2:05 p.m.
    STAFFING POSITION OF THE OFFICE OF THE PRESIDENT 2:05 p.m.