Debates of 24 Nov 2009

MR. FIRST DEPUTY SPEAKER
PRAYERS

ANNOUNCEMENTS

COMMUNICATION FROM THE

PRESIDENT

Mr. First Deputy Speaker
Hon Members, we have a communication from His Excellency the President.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT

SPACE FOR LETTER

Mr. First Deputy Speaker
Correction of Votes and Proceedings of Friday, 20th November, 2009. Pages 116.
Hon Members, the Votes and Procee- dings of Friday, 20th November, 2009 is hereby adopted as the true record of proceedings.
Hon Members, Question time --
Question number 190, in the name of the Hon Member for Kintampo North. Hon Minister for Education?
ORAL ANSWERS TO QUESTIONS

MINISTRY OF EDUCATION

Minister for Education (Mr. A. N. Tettey-Enyo)
Mr. Speaker, the Medical School of the UDS is expected to establish a campus at Kintampo for the training of allied health personnel. Currently, Kintampo is being used by the Ministry of Health as a centre for the training of medical assistants. A committee has been set up to work out the modalities for establishing the UDS Campus at Kintampo and also to work out future arrangements with the Ministry of Health.
Mr. Kunsu
Mr. Speaker, will the Hon Minister tell the House the time frame by which the committee is expected to submit its report?
Mr. Tettey-Enyo 10:25 a.m.
Mr. Speaker, the committee is expected to submit its report in a week's time to the Council of the University.
Mr. Kunsu 10:25 a.m.
May I know from the Hon
Minister whether there is any relationship between the training of the medical assistants by the Ministry of Health and the training of allied health personnel by the proposed campus of the University for Development Studies (UDS)?
Mr. Tettey-Enyo 10:25 a.m.
Mr. Speaker,
it is not clear in my mind what the relationship is now and what it is going to be. But these are issues which will be considered after the report has been submitted and the road map is chartered for the establishment of the campus of the university at Kintampo. In fact, the Council, after studying the report will liaise with the Ministry of Education for the details of the arrangement that will be set up at Kintampo.
Mr. First Deputy Speaker 10:25 a.m.
I will take
one other supplementary on this issue and move to the next Question.
Mr. S. K. B. Manu 10:25 a.m.
Mr. Speaker,
in the Answer of the Minister, he stated that the Kintampo campus is currently being used for the training of medical assistants. May I know from him what will become of the training of the medical assistants there if the place is turned into a medical campus for the University for Development Studies?
Mr. Tettey-Enyo 10:25 a.m.
Mr. Speaker, in
fact, the status of this course - the medical assistants course will be clarified but I can foresee that this training scheme will be absorbed when the campus becomes part of the University for Development Studies (UDS). It is part of the arrangements that are being set out and will be negotiated between the university and the Ministry of Health.
Mr. First Deputy Speaker 10:25 a.m.
Question

Hon Members, I will want to indicate that I am being guided by the decision of the Business Committee, when they presented their Statement on the floor of the House last Friday.

Jerome Senior High School

Q. 191. Mr. Ben Abdallah Banda

asked the Minister for Education when the Jerome Senior High School at Abofour in the Offinso District would be provided with the following: (i) Boys' and Girls' dormitories, (ii) School bus; (iii) Dining hall (iv) Assembly hall.
Mr. Tettey-Enyo 10:25 a.m.
Mr. Speaker, the Ministry has an elaborate plan to provide and improve facilities in all senior high schools and technical institutes. Every year, provision is made in the Ministry's budget including that of the GETFund to cater for senior high schools and technical institutes.
In allocating resources, emphasis is placed on deprived institutions, that is the community schools with major infras-tructure deficits. Despite resource constraints, in the 2009 Budget, as with the previous budgets, vehicles including buses and other basic infrastructure such as classrooms, dormitories, science laboratories, dining halls, assembly halls and libraries and so on are being catered for. It is believed that such allocations to the schools will go a long way to ensure that the schools receive the minimum provision for infrastructure and other facilities to enhance teaching and learning in the schools.
St. Jerome Senior High School will benefit from the programme as soon as resources are made available either from the 2009 Budget or the 2010 Budget.
Mr. Banda 10:25 a.m.
Mr. Speaker, the Hon Minister for Education has stated in his Answer that provision would be made either in the 2009 Budget or the 2010 Budget. But we all know that 2009 is over.
May I respectfully find out from him what budgetary allocation has been made in the 2010 Budget for the provision of the facilities already mentioned?
Mr. Tettey-Enyo 10:25 a.m.
Mr. Speaker, the details of the 2010 Budget are now being unfolded -- [Laughter.] But I am certain that schools like St. Jerome Senior High School are included in the list of submissions my Ministry made for the utilization of whatever resources would be made available.
Mr. Banda 10:25 a.m.
Mr. Speaker, St. Jerome
Senior High School is a school with a serious infrastructural deficit. The boarders in the school sleep in the classroom; unfortunately, the girls sleep in a basement that was not originally earmarked for that purpose. May I respectfully find out from the Hon Minister if he can give us some time line within which these facilities will be provided, as he is, with the greatest respect, not being specific?
Mr. Tettey-Enyo 10:25 a.m.
Mr. Speaker, the problems of St. Jerome Senior High School have multiplied over the years. And as I have indicated, the resources to be made available will be utilized in solving some of the problems facing the school and other senior high cchools in the course of the next fiscal year.
Mr. First Deputy Speaker 10:25 a.m.
Hon
Members, we now move to the next Question, Question No. 250, in the name of the Hon Member for Ayensuano.
Coaltar Senior High School (Upgrading)
Q. 250. Mr. Samuel Ayeh-Paye asked
the Minister for Education when the only senior high school in the constituency, Coaltar Secondary Technical School, would be upgraded and expanded to absorb the large number of candidates who are unable to secure admission to the school every year due to lack of space and also make it more attractive to other candidates.
Mr. Tettey-Enyo 10:25 a.m.
Mr. Speaker, it is the policy of Government to upgrade at least one senior high school in each district. The programme is, however, being implemented in phases. Phase 1 of the programme has almost been completed. Work on the second phase of the upgrading programme comprising 25 senior high schools is at various levels of completion.
Coaltar Secondary Technical School may be selected when the remaining districts are being considered.
Mr. Ayeh-Paye 10:35 a.m.
Mr. Speaker, I am
aware of these selected schools that are being upgraded but between now and when Coaltar Secondary Technical School will be picked as one of the upgraded schools, I would want to know from the Hon Minister if something could be done to at least, get decent accommodation for the girls, the number of girls who gain admission into the school almost every year. They do not even have a girls' dormitory.
Mr. Tettey-Enyo 10:35 a.m.
Mr. Speaker, indeed,
something could be done and I will like to recommend to the school authorities to submit a request.
Mr. Ayeh-Paye 10:35 a.m.
Mr. Speaker, I had
a discussion with the headmaster of the school just before I put in this Question and the request had already been made. So I want to find out from the Hon Minister if it has not got to his office, he should
please check and see if he can get a descent accommodation for the girls.
Mr. First Deputy Speaker 10:35 a.m.
That is not
a question, that is a comment. Put it in a question form.
Mr. Ayeh-Paye 10:35 a.m.
Mr. Speaker, the
request has been made already. We submitted a request to his outfit. So, I want to find out what the Ministry is doing to get decent accommodation for the girls in Coaltar Secondary Technical School.
Mr. Tettey-Enyo 10:35 a.m.
Mr. Speaker, I will
take up the issue with the Director-General of the Ghana Education Service and together, we will see what we can do at the shortest possible time.
Mr. First Deputy Speaker 10:35 a.m.
Question
number 251, standing in the name of the Hon Member for Atiwa.
Sekyere S. D. A. School (School Bus)
Q. 251. Prof. (Emeritus) S.K. Amoako (on behalf of Mr. K.A. Ankamah) asked the Minister for Education when the Ministry would supply Sekyere S.D.A. School with a school bus.
Mr. Tettey-Enyo 10:35 a.m.
Mr. Speaker, it is the policy of the Ministry to ensure that all senior high schools have buses to enhance their smooth operation. As part of the implementation of this policy, an exercise was conducted to ascertain the number of schools without buses. However, due to budgetary constraints, the Ministry has phased the procurement of buses and hopes to complete the exercise as soon as possible.
The Ministry has already procured and distributed 199 buses and 139 pick-ups to some senior high schools and the process of procuring for the next phase has begun.
Mr. Speaker, Sekyere S.D.A. School would be considered along with others in the next phase of the progamme.
Prof. (Emeritus) Amoako 10:35 a.m.
Mr. Speaker, I would like to find out from the Hon Minister what is the next stage of this distribution.
Mr. First Deputy Speaker 10:35 a.m.
Hon
Minister, did you get the question, otherwise he can repeat it?
Mr. Tetteh-Enyo 10:35 a.m.
Mr. Speaker, I did
not get the question.
Mr. First Deputy Speaker 10:35 a.m.
Kindly
repeat the question.
Prof. (Emeritus) Amoako 10:35 a.m.
Mr.
Speaker, I will like the Hon Minister to tell the House when is the next phase of the distribution. When is it going to begin?
Mr. Tetteh-Enyo 10:35 a.m.
Mr. Speaker, the
next phase has begun; the procurement of a fleet of buses and pick-ups has begun. It has been approved by the Procurement Board and we are going to get the orders placed. Hopefully, by January or February, we will have the next fleet of buses and pick-ups. And as I have said, Sekyere S.D.A. School will be considered.
Mr. First Deputy Speaker 10:35 a.m.
Hon
Members, Order! Order! Hon Minister?
Mr. Tettey-Enyo 10:35 a.m.
Mr. Speaker, what
I have the authority to assure this House is what I have said, that Sekyere S.D.A. School will be considered for the supply of a bus upon receipt of the next fleet of buses.
Mr. First Deputy Speaker 10:35 a.m.
Hon
Minister, he is asking of you giving an assurance to the House -- you know we have a Committee on Government Assurances -- he is asking for an assurance. That is the question.
Mr. Tettey-Enyo 10:35 a.m.
Mr. Speaker, well,
I stand for correction but I do not think I can assure this House of something I am not quite sure of myself -- [Inter- ruptions] -- Yes! Mr. Speaker, perhaps, some elaborations will do. There are many schools; we listed hundreds and hundreds of schools -- hundreds of institutions which require vehicles.
The Ministry with government support was able to supply 199 buses and 139 pickups. We are ordering another fleet of buses and the schools which have made requests will be considered and supplied accordingly. This is my assurance, Mr. Speaker.
Mr. Hackman Owusu-Agyemang 10:35 a.m.
Mr. Speaker, I have a point of order. It is very important, it is very germane to the whole issue we are discussing. It is not when he has specifically asked a Minister what he is going to do that it is captured by the Committee on Government Assurances. Every statement that is made by a Minister, whether it is reiterated by way of dates or not, is an assurance to this House.
So Mr. Speaker, I just wanted to point out to you, lest Ministers misunderstand it to mean that once he has not been asked to give an undertaking -- It is his responsibility to carry it out and this is the point I wanted to make. It is a procedural point but it is very important so that all the Ministers understand this.
Mr. First Deputy Speaker 10:35 a.m.
Hon
Member for New Juaben North, who is
the point of order against?
Mr. Owusu-Agyemang 10:35 a.m.
Mr. Speaker, it will in a lot of ways tell the Speaker that there is need to make the ruling very clear.
Mr. First Deputy Speaker 10:35 a.m.
Anyway,
very well, I will take only one more question on this matter because of the interest it has generated.
Papa Owusu-Ankomah 10:45 a.m.
Mr. Speaker, I understand the Hon Minister's difficulty, but to assist the House, would he tell the House the criterion that the Ministry would be using in distributing these buses, as he has already indicated that hundreds of requests have been made, definitely, there must be a criterion?
Mr. Tettey-Enyo 10:45 a.m.
Mr. Speaker, a few
days ago, I brought to the notice of Hon Members of this House, the criterion used in the distribution of the previous fleet of vehicles. It includes the fact that whereas you have some schools with one or two vehicles, depending on the nature of operations in such schools, not to think of those schools without any vehicles, you need to look at the special needs of the schools and their locations.
Based on this criterion , 199 buses and 139 pick-ups were distributed to schools. In fact, the last fleet was distributed in April this year by me. We are going to use the same criterion which is, looking at the special needs of these schools to distribute the buses when the order arrives.
Mr. First Deputy Speaker 10:45 a.m.
Last one, Hon Minority Leader.
Mr. Kyei-Mensah-Bonsu 10:45 a.m.
Mr. Speaker, in the last paragraph of the Hon
Minister's Answer, he says, “Sekyere SDA School will be considered along with others in the next phase of the programme. “ In an answer to a supplementary question, he has gone on then to say, “Sekyere SDA School will be considered along the others and accordingly be supplied.” I am quoting him verbatim. Yes, Mr. Speaker, that was what he said. Are we to take it from him that, indeed, he is going to supply Sekyere SDA school in the next phase of the programme?
Mr. Tettey-Enyo 10:45 a.m.
Mr. Speaker, the Hon Minority Leader is trying to seek assurance and he has put into my Answer a word I did not use. I did not say ‘accordingly'. No, I said ‘Sekyere SDA will be considered…' Well, let us assume that I used the word, it is exactly what I mean, that Sekyere SDA will be considered alongside other schools which have made request for the supply of vehicles, particularly, the supply of buses which is the subject of this Question.
Mr. Kyei-Mensah-Bonsu 10:45 a.m.
Mr. Speaker, I am not putting words in the mouth of the Hon Minister. He said exactly what I have said. The Hansard would bear me out that he used the words ‘and supplied accordingly'. I am quoting him. So I just wanted him to assure us, when he says that “it will be considered and supplied accordingly”, it means that he is assuring that beyond the consideration, supply would be made in the next phase of the programme.
Now, he is saying, “Even if I said that . . .” The Hon Minister must take this House very seriously. He cannot just say that ‘Even if I said that . . .' He just said so and he is telling me that ‘Even if I said that . . .'
Mr. Speaker, if he does not mean it, if he does not mean ‘and supplied accordingly' and he wants to withdraw, he is at liberty so to do but he cannot say that
Mr. First Deputy Speaker 10:45 a.m.
Hon Minority Leader, so what is your question?
Mr. Kyei-Mensah-Bonsu 10:45 a.m.
Mr. Speaker, there is a distinction between saying that the school would be “considered alongside in the next phase of the programme” and saying emphatically that “it would be considered alongside with others and accordingly be supplied in the next phase”. There is a world of difference. So, Mr. Speaker, I want him to come clean on what sentence this House must believe. Is it the “consideration” or “consideration and supply”?
Mr. First Deputy Speaker 10:45 a.m.
Hon Minister, did you add the word ‘supply'? He is saying that you should reconcile it and tell the House.
Mr. Tettey-Enyo 10:45 a.m.
Mr. Speaker, well, I have already admitted that I could have used the word ‘accordingly', and I said I stood by that.
Mr. First Deputy Speaker 10:45 a.m.
Hon Members, Question No. 252?
Prof. (Emeritus) Amoako 10:45 a.m.
Mr. Speaker, again, I am asking this Question on behalf of the Hon Member for Atiwa, with your permission.
Mr. First Deputy Speaker 10:45 a.m.
No, you got the permission the first time and the same Hon Member is involved. So it is consequential.
Prof. (Emeritus) Amoako 10:45 a.m.
Thank you, Mr. Speaker.
Kwabeng Senior High School Building Works
(Completion)
Q. 252. Prof. (Emeritus) S. K. Amoako (on behalf of Mr. Kwasi Annoh Ankamah) asked the Minister
for Education what measures were being taken to ensure that the building works at Kwabeng Senior High School were completed on time.
Mr. Tettey-Enyo 10:45 a.m.
Mr. Speaker, I believe the project in question is the construction of a 2-storeyed classroom block which is at about 32 per cent level of completion. This project was awarded on contract to Messrs Naditech Construction Limited on 11th April, 2006 and was to be completed on 31st March, 2007 at a contract sum of GH¢347,540.00.
The project has been varied to include
a basement, leading to a revision of the contract sum of GH¢460,000.00. The project has been delayed mainly due to variation and also due to late releases of funds for the project.
Information gathered by the Ministry indicates that the contractor is on site working and has raised a third certificate to the tune of GH¢15,579.66 to be submitted to the Ministry. Payments made so far covering the first two certificates amount to GH¢89,693.06. As a result of the variation, the project is now expected to be completed by June, 2010.
Prof. (Emeritus) Amoako 10:55 a.m.
Mr. Speaker, in the Hon Minister's Answer, he indicated that one of the reasons why the project had delayed was due to the late releases of funds for the project. I want to know from him when the third certificate was raised and when it would be paid.
Mr. Tettey-Enyo 10:55 a.m.
Mr. Speaker, I have not got the details of the procedure. I need some time to provide the Answer to this Question.
Prof. (Emeritus) Amoako 10:55 a.m.
Mr. Speaker, is the Hon Minister telling us that there is going to be a further delay which would also contribute to the completion of

the project by June 2010, since delay of payment is one of the reasons why it has already delayed?
Mr. Tettey-Enyo 10:55 a.m.
Mr. Speaker, it is my hope that at this stage, the project would be carried out expeditiously and I would give the contractor every support he needs to accomplish the task.
Mr. First Deputy Speaker 10:55 a.m.
Hon Minister, we thank you very much for attending upon the House to respond to the Questions. You are discharged.
We have two other Questions to be responded to by the Hon Minister for Tourism. We have Question number 241, standing in the name of the Hon Member for Atiwa?
rose
Mr. First Deputy Speaker 10:55 a.m.
Did your authorisation extend to the Ministry of Tourism?
Mr. First Deputy Speaker 10:55 a.m.
Very well, you may continue.
MINISTRY OF TOURISM 10:55 a.m.

Minister for Tourism (Mrs. Juliana Azumah-Mensah) 10:55 a.m.
Mr. Speaker, the Tini Waterfalls and Caves at Adasawase which is located 5 kilometres from Anyinam is a
new-found attraction in the Atiwa District.
Recognizing its potentials for patronage by both domestic and international tourists, the Ministry, in collaboration with Ghana Tourist Board and the Atiwa District Assembly selected the site as the venue for World Tourism Day Celebration in September, 2005. This was to create public awareness and interest of this newly discovered tourist attraction and to mobilize private-public participation in its development.
Mr. Speaker, as part of improving the attraction and opening it up for private investment, the Ministry in collaboration with Atiwa District Assembly and the Department of Feeder Roads constructed a 4.4-kilometres motorable access road from Adasawase to the Waterfalls. The remaining 1.6 kilometre was intentionally left to provide adventure and hiking experience in a dense forest and a rugged mountain terrain to visitors.
Additionally, the Ministry is cons- tructing a tourist receptive facility for the purposes of providing basic facilities, such as information centre for visitors, a catering area, washroom, et cetera. The facility is at roofing level, and expected to be completed and made operational by the second quarter of 2010, subject to availability of funds.
Mr. Speaker, the Ministry through Ghana Tourist Board (GTB), in collabora- tion with the Atiwa District Assembly and the local branch of Okyeman Environ- mental Brigade, which was led by the chief of the town and the pupils of various basic schools, undertook a tree planting exercise in September 2008 to conserve and green the environment.
Mr. Speaker, it is important to note that in line with the Ministry's decentralization policy, District Assemblies have been mandated to incorporate the development
Prof. (Emeritus) Amoako 10:55 a.m.
Mr. Speaker, in the Hon Minister's Answer, on page 12, the third paragraph, the last line, she said:
“The facility is at roofing level, and expected to be completed and made operational by the second quarter of 2010, subject to availability of funds.”
May I know from her whether provision has been made in this year's Budget for this project?
.
Mrs. Azumah-Mensah 10:55 a.m.
Mr. Speaker,
yes, I can assure the Hon Member that provision has been made to complete all uncompleted receptive facilities in the coming year.
Prof. (Emeritus) Amoako 10:55 a.m.
Mr. Speaker, I would want the Government Assurances Committee to take note of this assurance from the Hon Minister. [Laughter.]
The Hon Minister also mentioned that there are plans for developing and marketing the facility, and this, she said, must come from the District Assembly. May I know what the Ministry of Tourism is doing to promote the marketing of tourist centres?
Mrs. Azumah-Mensah 10:55 a.m.
Mr. Speaker, we all know that tourism needs to be or our tourist sites need to be marketed. In July, I launched the three-year marketing plan to develop or add value to all our tourist sites. In actual fact, it is a challenge that the Ministry is facing but we did tell the District Assemblies that with the collaboration of the District Assemblies, the Regional Co-ordinating Councils, the Members of Parliament (MPs) and everybody, we could all market whatever sites that we have got, just like the Member of Parliament can also give a bit of his own Common Fund to improve upon the tourist sites.
So I hope with everybody's collabora- tion, we can all add value and promote the tourist sites that we have got in our areas.
Mr. First Deputy Speaker 11:05 a.m.
Your final supplementary question.
Prof. (Emeritus) Amoako 11:05 a.m.
Mr. Speaker, in the second paragraph of the Hon Minister's Answer, she mentioned that “Atiwa District Assembly and the Department of Feeder Roads constructed a 4.4-kilometre motorable access road.” I happened to have travelled on this road and it is nowhere near motorable. If anything, it is nothing to be described as motorable. What is her definition of a
motorable road?
Mr. First Deputy Speaker 11:05 a.m.
Hon Member, rephrase the question. How were you able to travel on it if it was not motorable? [Laughter.] Rephrase the question.
Prof. (Emeritus) Amoako 11:05 a.m.
Mr. Speaker, I would like to know from the Hon Minister - First, to bring to her attention that the road is anything but motorable. What are her plans to improve this access road?
Mrs. Azumah-Mensah 11:05 a.m.
Mr. Speaker, I must say, one challenge that the Ministry does have is having this road which we do not have control over, it has got to be the road sector. This is the reason why we intend to encourage the collaboration between the Ministry of Roads and Transport and the Ministry of Tourism.
The Minister for Roads and Transport has to approve it before we do the road and so is it with all other sites which require access -- I believe we are doing that already -- collaborating with the Hon Minister for Roads and Transport to assist us improve upon the road network.
So I will assure the Hon Member that we will just be doing that to improve upon the road to the tourist sites.
Prof. (Emeritus) Amoako 11:05 a.m.
Mr.
Speaker, this is a matter of clarification.
Mr. First Deputy Speaker 11:05 a.m.
Hon
Member, you have exhausted your supplementary --
Prof. (Emeritus) Amoako 11:05 a.m.
Mr. Speaker, it is not a question.
Mr. First Deputy Speaker 11:05 a.m.
Yes, you have exhausted your supplementary questions and no observation -- This is Question time, Prof. (Emeritus).

Question number 242, standing in the name of the Hon Member for Ho West?

Tsiga, Mount Gemi and Amedzofe Waterfalls, Kalakpa Game Reserve

(Programme)

Q. 242. Mr. Emmanuel Kwasi Bedzrah asked the Minister for Tourism what programme the Ministry had for the following tourist sites in the Ho West Constituency:

(i) Tsiga Waterfalls in Kpoeta Ashanti

( i i ) M o u n t G e m i a n d Amedzofe Waterfalls

(iii) Kalakpa Game Reserve in Abutia.
Mrs. Azumah-Mensah 11:05 a.m.
Mr. Speaker, I will start with the Kalakpa Game Reserve.
Mr. Speaker, the Kalakpa Game Reserve in the Ho Municipality was established in 1975. Being one of the prime attractions in the area, it has the potential of generating revenue and creating jobs for the youth in the community and its environs. This among others is the motivation for the Ministry to promote the park.
It has to be mentioned, however, that the Kalakpa Game Reserve, like other tourist resources and products, is not directly owned or managed by the Ministry of Tourism.
In the case of the Kalakpa Game Reserve, the Ministry of Lands and Natural Resources, for that matter, the Wildlife Division of the Forestry Commission is responsible for the management of the park.
I would, therefore, Mr. Speaker, urge my Hon Colleague, Mr. Emmanuel Kwasi
Mrs. Azumah-Mensah 11:05 a.m.
Bedzrah to liaise with the District Chief Executive and the Wildlife Division of the Forestry Commission to incorporate the park in the Ho Municipal Development Plan. This would ensure that the necessary funding is mobilized for the development of the park.
I will, however, assure the Hon Member of Parliament for Ho West that my Ministry will continue to market the Kalakpa Game Reserve as part of our mandate to promote all attractions in the country.
Mount Gemi and Amedzofe Waterfalls
Mr. Speaker, the Mount Gemi and Amedzofe Waterfalls in the Ho Municipality is one of the Community Based Eco-tourism sites in the country which is being managed by the Amedzofe local community. Visitors to the site are first received at an information centre where information about the area and site is given before they are conducted on a tour of the mountain and the falls by tour guides.
There is a Government Rest House and few home-stay facilities which allow tourists to sample local cultures, the food and folklore. This is in line with the Ministry's Pro-Poor Tourism Policy which encourages the involvement of local communities in the development and promotion of natural and cultural resources within their respective environs, for patronage of both domestic and international tourists including adventure and nature lovers.
Mr. Speaker, the active local involve- ment in the management of Community Based Eco-Tourism sites, as it is the case with the Mount Gemi and the Amedzofe Waterfalls, is highly commended by
the Ministry since it is one of the best ways of ensuring sustainable tourism development and reduction of poverty in the communities.
This is because while the local involvement in the development of the resources heightens community awareness in the protection and the conservation of the natural resources, the proceeds from the tourists' visits generates revenue to support the development of social infrastructure in the community.
Mr. Speaker, it is important to stress that this and other Community Based Tourist sites enjoy enormous technical support from the Ministry and the Ghana Tourist Board, and are also promoted in the national brochures and official tourism website.
Mr. Speaker, it is important to note that in line with the Ministry's decentralization policy, District Assemblies have been mandated to incorporate the development of tourist sites in their annual plans and also make budgetary allocation for their development. This is to ensure that the sites are well developed to attract high patronage for revenue generation and creation of employment in the communities.
Tsiga Waterfalls
Mr. Speaker, the Tsiga Waterfalls is a recent discovery in the Ho Municipality which has not yet been developed.
Mr. Speaker, once again, permit me to submit that in line with the Ministry's decentralization policy, District and Municipal Assemblies have been mandated to include the development of tourist sites in their annual budgetary allocation and plans.
This will ensure that the attractions are well developed, marketed and managed well so as to raise revenue and create jobs in the municipality.

Mr. Speaker, I will also like to urge Hon Emmanuel Kwasi Bedzrah to liaise with the Municipal Assembly and mobilize private investment for the provision of the necessary tourist amenities.

May I again assure the House that the Ministry will continue to collaborate with the Ho Municipal Assembly and all relevant stakeholders for the development of the attractions in the Ho Municipality.
Mr. Bedzrah 11:05 a.m.
Mr. Speaker, I am happy to note that the Hon Minister says in her Answer, that the Game Reserve has potential for income generation. In her Answer, she said, “the Ministry would continue to market the place”. I want to find out from her what marketing strategy they do have in place to market the Kalakpa Game Reserve.
Mrs. Azumah-Mensah 11:15 a.m.
Mr. Speaker, just like any commodity, the Ministry is poised to put -- How will I say it? The Ministry, in its strategic marketing plan, has put down every site that is there as a tourist site to be marketed and promoted to the benefit of the visitor.
So, Kalakpa is one of those sites that we
do market. We put them in our bro-chures, we encourage people to go there and we ask the District Assembly including the community members to do the same thing. So, we do it just like we do for any other tourist site.
Thank you, Mr. Speaker.
Mr. Bedzrah 11:15 a.m.
Mr. Speaker, I would
like to find out from the Hon Minister again about the technical support she said the Ministry gives to Mount Gemi and Amedzofe Waterfalls. What kind of
Mr. Bedzrah 11:15 a.m.


technical support does the Ministry give to Mount Gemi and Amedzofe Waterfalls?
Mrs. Azumah-Mensah 11:15 a.m.
Mr. Speaker,
I believe the Ministry of Tourism is not different from the Ministry of Food and Agriculture. The technical support that we do give from the Ministry is like the extension services that they give in agriculture. We give them support in land use -- how to plan, how to use the land that surrounds the facility or the product.
We liaise with the District Assemblies to give them access roads -- the feeder roads - and then how water can get to the area -- energy and all that. And we give them also some kind of investment profile and advice as to how to manage the whole tourism site that they have got.
That is how we do give the technical
advice.
Mr. First Deputy Speaker 11:15 a.m.
Yes,
Hon Minority Leader, do you have any question?
Mr. Kyei-Mensah-Bonsu 11:15 a.m.
Mr.
Speaker, I want to know from the Hon Minister if she is aware that the catchment areas of the two waterfalls and the Kalakpa Game Reserve suffer every year from the menace of wild bushfires, and that if care is not taken, they will threaten the very existence of the waterfalls and the sustainability of the game reserve. Is she aware? And if she is aware, what measures is the Ministry resorting to, to ensure that these afflictions are nipped in the bud?
Mrs. Azumah-Mensah 11:15 a.m.
Mr. Speaker,
I knew, as an ordinary Member of Parliament, not as an Hon Minister, when I was working very closely with the SNV of Holland. The Kalakpa Game Reserve, especially, is prone to wildfires as the Hon
rose
Mr. First Deputy Speaker 11:15 a.m.
Hon
Members, I thank the --
Hon Minority Leader?
Mr. Kyei-Mensah-Bonsu 11:15 a.m.
Mr.
Speaker, just a small one.
The Hon Minister has alluded to the
policy of involving the communities in the management of these projects. I think that is really something very commendable -- the distribution of the proceeds that the communities must benefit in order to

ensure the survival of these projects. These are commendable efforts.

But may I know from the Hon Minister

what the ratio of distributing the proceeds is from whatever ensues when visitors go to these sites?
Mr. First Deputy Speaker 11:15 a.m.
Hon
Minority Leader, are you sure that is a supplementary question?
Mr. Kyei-Mensah-Bonsu 11:15 a.m.
Very much so, Mr. Speaker. I have no doubt in my mind, at all.
Mr. First Deputy Speaker 11:15 a.m.
I am not too sure.
Hon Minister, if you have the information, provide it.
Mrs. Azumah-Mensah 11:15 a.m.
Mr. Speaker,
unfortunately, I do not have that information but I will be prepared to give the Hon Minority Leader that information behind the scenes.
Thank you very much -- [Uproar].
Mr. First Deputy Speaker 11:15 a.m.
Hon
Minister, you are answering Questions on the floor of the House and all of us are interested in the ratio. Why meet the Hon Minority Leader behind the scenes? [Laughter].
Anyway, Hon Minister, we thank you
very much for attending upon the House to respond to Questions. You are discharged.
Hon Members, that brings us to the end
of Question time.
Hon Members, Madam Speaker has
admitted one Statement. Actually, we wondered whether we should take it today or tomorrow. But after consultation, we have decided that we should take it today in view of the agenda for tomorrow. And it is with regard to the International Day
for the Elimination of Violence Against Women, which comes off tomorrow.
So, I would call on Hon Salifu Mary Boforo to make the Statement.
STATEMENTS 11:25 a.m.

Mr. First Deputy Speaker 11:25 a.m.
Hon Members, order! Let us listen to the Hon Member on the floor; there is too much noise at the background.
Continue, Hon Member.
Hajia Boforo: All right.
Mr. Speaker, it also includes sexual, physical, or emotional abuse by an intimate partner; physical or sexual abuse by family members or others; sexual harassment and abuse by people in authority; and trafficking for forced labour or sex. Violence against women

also occurs in traditional practices such as forced or child marriages and dowry- related violence.

Mr. Speaker, systematic sexual abuse in conflict situations is another form of violence against women.

The World Health Organization's (WHO) survey in some countries across the globe this year indicates that between 15 per cent and 71 per cent of women reported physical or sexual violence by a husband or partner. Equally unfortunately, trafficking of women and girls for forced labour and sex is widespread.

In Ghana, like many African countries, Mr. Speaker, the status of women has been determined by the kind of girlhood they have had. Traditional values, cultural norms as well as socializing processes, all appear to bestow a low status on the girl- child and low status on women.

In fact, the whole of the woman's life is governed by customary, legislative and religious laws which are often very discriminatory in marriages, divorce and inheritance (the case of the widow), and support the perpetration of gender violence.

Mr. Speaker, the right of the husband to correct his wife is condoned in customary law, and domestic violence considered as a family affair.

Violence against women in most cases goes unreported. Majority of these victims are afraid to lose their marital status, while some are very ignorant of their rights. For others, they will prefer to die under such tortures because they have no other means of subsistence.

Mr. Speaker, widows and battered women remain very vulnerable, miserable, marginalized and often rejected by their families or in-laws. They remain traumatized in their various difficult

conditions or survive by chance. Such inhuman practices inflicted on widows in some West African countries include: sleeping on the bare floors, mats or leaves, eating from the floor or on leaves; being forced to drink the water used in cleaning the corpses of their late husbands to prove that they are innocent of their death.

Mr. Speaker, these harmful attitudes towards women are reinforced by certain religious and other community leaders, who exhort women to stand by their husbands under all circumstances, while at the same time failing to take a clear stand against wife battery and marital rape. Also, rape of under-age girls by men within the family circle, such as brothers, fathers and stepfathers remains a big problem in the society.

In the area of culture, Mr. Speaker, some communities still practice trokosi, an outlawed custom which involves ritual servitude and sexual exploitation of girls.

There is constant disregard of the law against female genital mutilation (FGM), which is still prevalent among several ethnic groups, although the law that criminalized the act in 1994 was further strengthened in 2007 by Parliament. Some women are still branded as witches and are often violently driven to witches' camps.

Mr. Speaker, the consequences of these inhuman acts are indeed worrisome. Aside the reproductive and maternal health problems, many women die and properties are being confiscated.

I call on all Ghanaians and other stakeholders to collaborate effectively with us to act accordingly, and where necessary, compel the customary system to fully respect the rights of women and girls enshrined in our Constitution and laws.

In particular, Government and other relevant actors must denounce publicly, all forms of violence against women and girls including marital rape, wife beating, child and other forced marriages, trokosi, female genital mutilation (FGM) and humiliating widowhood rites.

More crucially, Mr. Speaker, gender- sensitive media reporting must also be promoted to avoid stereotypes and discriminatory attitudes towards women, and ensure respect for victims and their families when covering incidents of violence against women.

As citizens, we owe it a duty to respect the rights of the human, without regard to gender. I believe this virtue can help us secure the future of humanity and make the world a better place to live in.

Thank you, Mr. Speaker, for the opportunity.
Mr. S. K. B. Manu (NPP - Ahafo Ano South) 11:25 a.m.
Mr. Speaker, I rise to contribute to the Statement made by the Hon Member for Savelugu, Hajia Mary Boforo regarding violence against women.
Mr. Speaker, when we talk about violence, many a time people think directly about the physical assault on women. But I would like to look at another angle of violence against women, which is more intangible and psychological in nature.
Mr. Speaker, many a time we find our women on the streets, some of them going naked and sometimes half naked and we think they have gone mad, crazy and all that. But if we are to go into the nitty- gritty of the cause of such situations of our women, we find that men, most times are behind that kind of situation women find themselves in. A lot of times, we
hear about “broken hearts” - [Laughter] -- that men cause to women; we go about promising women left and right and at the end of the day, we renege on our promises and this puts our women in a state that I have described earlier.
I would like us to know that this is a form of violence against women that we must take into account when we are talking about violence against women and do as much as we can to either eliminate them or minimize the perpetration of such acts on our women.
Now, coming to the ordinary violence against women that the -- Let me say that what the ordinary man would know and accept as being violence against women is the physical assault on our women.
Mr. Speaker, if we are to go into the causes of this, we would find that there are a myriad of reasons that account for this. Sometimes it is economical, in the sense that when the man is with the wife, the girlfriend, or in a relationship with a woman, the woman may make some demands on the man and when the man is unable to provide them, instead of finding a more acceptable way of appeasing the female partner, he resorts to machoism; trying to use the maleness in him to bully the lady and sometimes causing physical injuries to the female partner.
This is economical; sometimes it is political, political in the sense that sometimes we encourage women to get into politics. When they want to enter politics, their partners, be they boyfriends or husbands will not allow them to get into politics for fear that if they get into it, they will come across a lot of men and their status as husbands and boyfriends may be threatened. This is why women sometimes are not given the leverage to get involved in politics. And all these can
Papa Owusu Ankomah 11:35 a.m.
On a point of order. Mr. Speaker, in this House, we speak based on facts. I am wondering whether the Hon Member's statement is based on empirical evidence or he is just speculating. [Interruptions.] It appears to me as if he is speculating and just expressing some personal sentiments as facts. He ought to support whatever he is saying with empirical evidence otherwise, I will plead with him to withdraw these very, very unsalutory statements on men.
Mr. Manu 11:35 a.m.
Mr. Speaker, sometimes when Senior Colleagues are talking, it is very difficult to disregard them and dismiss them because I have made a number of statements. He got up and said I have made a statement which he does not agree with but he has not told me the statement that he is referring to. Could he tell me the statement that he is referring to? [Interruptions.]
Some Hon Members 11:35 a.m.
All! All!
Mr. First Deputy Speaker 11:35 a.m.
Hon
Member, try to wind up.
Papa Owusu Anakomah 11:35 a.m.
Mr.
Speaker, I rose on a point of order in respect of the last statement he made about men not supporting their partners to go into politics because they are apprehensive of their positions, et cetera. He has made other statements on machoism, they bullying women and so on and so forth. He is saying all sorts of statements as facts which are not supported by empirical evidence.
Mr. Manu 11:35 a.m.
Mr. Speaker, I thank him
for clarifying the point.
Prof. A. M. Ocquaye 11:35 a.m.
Mr. Speaker,
incidentally Professor Takyiwa Manu
has published a book, Women, Politics and Society a week ago in which this is empirically supported in terms of women being inhibited from entering politics as a result of men's intervention. That one is empirically supported.
Mr. Manu 11:35 a.m.
Mr. Speaker, in addition
to what Professor has said, I would like the Hon Member for Sekondi to learn today that I started writing about the well-being of women as far back in 1976 when I wrote an essay on “Customs and Traditions Affecting Women in Ghanaian Societies”. And this won me a scholarship to go and study in the United States of America. [Hear! Hear!] So when I am talking about women, I know what I am talking about. I have researched into it.
I have gone into intercourse with women - [Uproar] -- who have told us problems they face when they want to get into politics. I am not talking about that kind of intercourse you are thinking about; I am talking about human relations.
M r. F i r s t D e p u t y S p e a k e r : Hon Member, will you qualify your “intercourse” for the avoidance of doubt, for the record?
Mr. Manu 11:35 a.m.
Mr. Speaker, since Mr.
Speaker is interested, I will qualify it by saying that it is not any intercourse apart from relating with women, human relations - relating with women, that is what I call “having intercourse with women”. [Laughter.] Just the ordinary relationship, I am not talking about the bed intercourse.
So I was saying that from all these experiences, I have come to realize that women are prohibited from getting into politics and some of the reasons are what I have outlined. And women-folk who have become politicians and those who have attempted to become politicians and
Mr. First Deputy Speaker 11:35 a.m.
Hon
Member, wind up.
Mr. Manu 11:35 a.m.
Mr. Speaker, in winding
up, I would like to say that I fully support the Statement made by the Hon Member and I will call on all and sundry to pull our weight together, to minimize, if we cannot eliminate, violence against women of all sorts, be it psychological, physical, whatever so that together we shall be partners in the development of our societies.
I thank you, Mr. Speaker.
Dr. Ahmed Yakubu Alhassan (NDC
- Mion): Mr. Speaker, I would like to support the Statement ably made by the Hon Member for Savelugu on the occasion of the celebration of the 10th Anniversary.
I would like to start by stating that violence and its perpetuity in any form, is bad and must be condemned, condemned because in the 21st Century, mankind has evolved from his violent bit towards his calm bit so that society can make progress economically for the benefit of all mankind. It is interesting to note that a peaceful home where husband, wife, and other men and women concur is what creates a peaceful society and definitely creates a peaceful world.
Therefore, if any group of people are visiting violence on women, that is about one-half of the society or the world, it must be condemned in its entirety. In fact the statistics provided of 15 71 per cent of women receiving violence from their closest partners is frightening enough for the whole world to rise up and do something about this particular canker.

I pray that this statistics includes violence being visited on women by women because a lot of the time, the violence coming from the masculine gender easily makes the headlines to the neglect of violence being visited on women by women but that is also extremely important. Day in and day out, we hear of female school teachers putting all sorts of items in the private parts of girls in schools which must be condemned also.

It is also a fact that for whatever reason, some women are found purchasing young girls -- because their parents are very poor -- purchasing young girls to put in their homes to become labourers and that, I think, is a form of violence against these youngsters who ought to grow and become healthy citizens of the society.
Mr. S. K. B. Manu 11:45 a.m.
On a point
of order. Mr. Speaker, thank you for recognizing me.
Mr. Speaker, the Hon Member made a statement in trying to support the perpetration of violence on women by women and he cited teachers.
Mr. Speaker, teachers are not the only group of people who visit violence on female. Mr. Speaker, that example is
Mr. Manu 11:45 a.m.
Mr. Speaker, I do not
see why the teacher should be used as an example -- [Uproar] -- because I am a teacher. It is a very bad example -- [Interruption.]
Mr. Manu 11:45 a.m.
Mr. Speaker, we tend to
portray teachers as being the wicked in society and as a teacher, I must stand up against it. [Interruption.] He could have used -- [Interruption.]
Mr. First Deputy Speaker 11:45 a.m.
Hon
Member -- [Interruption] -- Hon Member, take your seat.
Mr. Manu 11:45 a.m.
Mr. Speaker, why is he not
using lawyers, why is he not using judges, but teachers?
Mr. First Deputy Speaker 11:45 a.m.
Hon
Member, take your seat.
Mr. Manu 11:45 a.m.
Mr. Speaker, no, I
vehemently oppose that example -- [Interruption] -- As a teacher, I should not sit down and allow such an example to be cited. Teachers have had enough from society. We have had enough from society.
Mr. First Deputy Speaker 11:45 a.m.
Hon
Member, you are completely out of order. [Hear! Hear!] You even conceded that teachers also do it except that the degree varies; so what is your problem? You said
Dr. Alhassan 11:45 a.m.
Mr. Speaker, I would

I was a university lecturer. And I am saying that all teachers, particularly, female teachers should be like me. I did not visit violence on female students; and I am just saying that those teachers who are fond of that are being a bad example for other teachers, and they must stop it. And it is just an example. It is bad for a teacher in a corrective measure to insert things in female students' private parts; it must be condemned whether it is a teacher or somebody else.

I thank you very much, Mr. Speaker. [Hear! Hear!].
Mr. First Deputy Speaker 11:45 a.m.
Hon
Member, kindly conclude.
Dr. Alhassan 11:45 a.m.
Mr. Speaker, I would
like to say that some of the violence or aspects of the violence that is visited on women come under the cover of cultural norms. Mr. Speaker, it is time in the 21st Century for us to seek these so-called cultural norms that negate the value of women and condemn it and eliminate it from our cultural conduct as human beings.
Mr. Speaker, I would like to state that all fronts must be on the attack of this canker -- churches, mosques and other cultural fora because in many instances, some of the people who perpetuate these cultural norms are sitting on the front roles of mosques, churches and so on.
And I believe that if we caught them at the churches and corrected them, perhaps, it would go a long way for us to have a beautiful society.
Many, many years ago, some research was done at Ankaful Mental Hospital or Psychiatric Hospital, and it was discovered that most of the women there were suffering from psychological torture visited on them in their own homes. It is time this one stopped for us to have a very peaceful society with our better halves.
Mr. First Deputy Speaker 11:45 a.m.
Hon
Members, I will take two more. So Hon Member for Bantama.
Ms. Cecilia Abena Dapaah ( NPP --
Bantama): Mr. Speaker, thank you for giving me the opportunity to contribute to the Statement on the floor of the House ably made by Hon Boforo on the elimination of violence against women.
Mr. Speaker, I believe all types of violence whether little or big is bad because we do not have ordinary “violence” and special “violence”. I believe the dictionary meaning of “violence” connotes an agitation of the human spirit, soul and body and we should condemn all forms of violence in its entirety.
Mr. Speaker, I also want to use this occasion to commend Mrs. Susan Mubarak, the First Lady of Egypt for the crusade she is leading -- I have watched on Cable News Network (CNN) a crusade she is leading against human trafficking because she has managed to bring together high profile personalities, if I could remember a few like Moi Ibrahim, economists around the world, people who are the wheelers and dealers in society to condemn human trafficking.
consequentially, the frustration touches the children. They go for their upkeep money, which in our parlance, we call ‘chop money', and the men would say, “we do not have”, “I do not have”. And yet the woman has no employment, the woman is a housekeeper trying to do her bit to help keep the house and keep the family together.
But she will suffer humiliation and embarrassment and denial of financial resources from the man just because there has been, maybe, a refusal of a favour the man wanted. I believe we need to condemn this -- [Interruption] -- The favours are many, but I am sure you know what I am talking about.
Mr. Kwame Osei-Prempeh 11:45 a.m.
On a point of order. Mr. Speaker, the Hon Member said that men who are refused favours by their partners --
Mr. Speaker, I want to know what kind of favours. Family obligations are obligations. Conjugal rights which the other party must perform are not favours. If from this Parliament, we send signals that performing ones conjugal rights amount to favours, we will be sending wrong signals to people who may not understand. So she should either withdraw it or explain it further for edification.
Ms. Dapaah 11:55 a.m.
Mr. Speaker, fulfilling ones conjugal rights is all right but I am talking about instances where the man overdemands, that becomes a problem for the woman. [Uproar.] And I am a woman and I know what I am talking about. I know that there are some men who take advantage of their wives - [Interruption.]
Mr. First Deputy Speaker 11:55 a.m.
Hon
Member, I think that where you are going,

I believe we should take this very seriously because in her position as First Lady, she has managed to use herself as a focal person to engage people who can contribute whether money or other resources or their network to condemn and help eliminate this form of violence against humanity. And it is women who mostly suffer when we talk about human trafficking. What do they traffick women for? Women are trafficked for sex, for forced labour and for all forms of indignities, and we need to condemn these.

Mr. Speaker, I have been following a radio programme on Peace FM of late, and it is between 5.00 p.m. and I think 6.00 p.m. I have been amazed and traumatized at the same time by the revelations that have come from women by the treatment they receive from their partners or spouses.

Mr. Speaker, we need to condemn the practice of inimical traditional practices like trokosi, et cetera. We need to condemn child labour and forced labour; we need to condemn this practice of branding innocent elderly women as witches; we need to condemn that. And we also need to help eliminate the maternal health problems that we have, and most importantly, also, to condemn the defilement of young girls in our society.

Mr. Speaker, what I wanted to speak about in a while is the emotional abuse of women. Mr. Speaker, I hear there is a research that has been conducted, even in this Parliament whereby people have emotional problems and when they go home, they cannot function at times -- [Uproar] -- Mr. Speaker, I pray that those of us who are affected will not go home and vent our frustrations on our partners, and here, I am talking about our male counterparts.

Mr. Speaker, we all know that in certain instances, men who are frustrated tend to vent their frustrations on their wives; and
Ms. Dapaah 11:55 a.m.
Mr. Speaker, I believe they understand what I am saying but we should not lose sight of the fact that women do suffer in bed around the nation. It is not only in Ghana but around the world. Many things happen.
If I may cite a vivid example that I heard on the Peace FM, this lady, a young lady of 23 was saying that the husband beats her up before sex. What kind of relationship is this? She does not enjoy it, otherwise, she would not have complained. What on earth will push someone who loves another human being to beat her up before having sex with her? Please, let us stop this; we are hiding behind the cloak of whatever and visiting iniquities on our partners and I believe this should be stopped.
Mr. Speaker, there are some who through no fault of theirs -- I mean the women -- at times in our homes and in our marriages, it is the man who is the cause of infertility but it is the woman who suffers the brunt of family members as well as maybe, the husband at times. There are husbands who even refuse to go and see doctors who could be of help to the couple and these are things that can cause emotional trauma to the woman. It could be a very small medical issue but the man refuses to go and the woman cannot force the man to go with her and seek medical advice.
So in a nutshell, I would wish to appeal to all of us to use whatever network we have to help eliminate all forms of violence against women.
Thank you, Mr. Speaker.
Mr. Bagbin 11:55 a.m.
Thank you very much,
Mr. Speaker --
Mr. First Deputy Speaker 11:55 a.m.
Hon Members, we are going to start the Consideration Stage of the Interpretation Bill today and I consulted the Leaders and we thought that about two-two from both sides should be all right so that we can start the Interpretation Bill today.
rose
Mr. First Deputy Speaker 11:55 a.m.
Hon Second Deputy Speaker, do you want to make some intervention?
Prof. Oquaye 11:55 a.m.
If there is time.
Mr. First Deputy Speaker 11:55 a.m.
Well, if
it will be very brief, I will call the Hon Member for Ayawaso West; two minutes.
Mrs. Akosua Frema Osei-Opare (NPP - Ayawaso West Wuogon) 11:55 a.m.
Thank you, Mr. Speaker, and let me congratulate my Sister for the Statement that she has made on such an important topic. Mr. Speaker, I would be very brief.
I want to focus my discussion on religious practices whether traditional or christianity. It is becoming a norm for some churches with certain types of orientation to accuse and attribute every single mishap that people go through to witchcraft or people being behind that mishap. Invariably, the accusation is against a woman, either a wife or a mother -- or a grandmother.
The point is that, it is sad for us to watch a mother who has carried somebody for nine months, breastfed the person, looked after the person, fed the person, until the person has reached a stage whereby they can go back and even say “mother, thank you, this is something that you can also use to support yourself”. In the end, this person is being accused of being behind
Social Welfare; I have seen them in private girls' hostels and they are suffering.
So I believe very much that while we are dealing with violence against women, let us look at root causes, or phenomena that actually encourages violence against women. And one area that I think that we as a Parliament should look at particularly, even the Women Caucus, is the phenomena of streetism and its contribution to violence against young females.
I thank you, Mr. Speaker, for this opportunity.
Prof. A. M. Oquaye (NPP - Dome- Kwabenya) 12:05 p.m.
Thank you very much, Mr. Speaker, for the opportunity to make a few points on this matter.
Mr. Speaker, the human being is essentially brain and brawn. We have our intellect and we have our physique. When it comes to the physique, the male is stronger. When it comes to the brain, the two are equal. And Mr. Speaker, it is a fact we have noticed from all the tertiary institutions and it has actually flowed down that most prizes are being collected and have been collected in the past ten years by female students and pupils.
I believe that if we should get this principle of the basic equality of the essential quality of human being, being the person's brain, then the discrimination which is at the back of treating the females as if they were animals or subhuman would cease and I think it is good of us all to come to a full and final realisation of this fact of humanity.
Mr. Speaker, a lot of these problems
also have to do with ignorance and I think female-inclined institutions, the Ministry responsible for that should engage more on public education. The Intestate Succession
a mishap that has befallen a child. I think these are serious matters. It is something that is going on so much both in the traditional and religious practices and particular, I will say Christianity -- as a Christian, I have seen that these things are happening.
I will say that the churches or all associations, religious bodies, whether traditional healers association or whatever should take this as a matter of urgency to look into what practices are going on and bring their members to order, that it is wrong and in fact, the law is against it. And therefore, we should be able to be bold to bring such priests and prophets and prophetesses and so on to book and ensure that they do not turn people against their mothers, their wives because of whatever vision or non-vision they have received.
Mr. First Deputy Speaker 12:05 p.m.
Hon Member, kindly conclude.
Mrs. Osei-Opare 12:05 p.m.
I would like to finish just with this one.
The phenomenon of streetism that we are looking at is not simply an economic/ poverty issue. There are a lot of problems being visited on these girls on the street.
Mr. Speaker, I have visited various homes and I have seen the children, the young girls who have had children -- babies who have had babies in these homes and their parents do not even know that the children are there because these children are on the streets and they are assaulted by people on the streets, either truck pushers or drivers or whatever and they do not even know whom they had sex with. They do not know the fathers of their babies and they are in homes and I have seen them in

Law for example, the registration of customary marriages, there are so many laws that protect women which they are even ignorant about and I believe that if this kind of education will go on very well, it will go a long way to help the problem.

Mr. Speaker, we are also living in a

world of promiscuity. They would watch video both -- young people ad infinitum and they tend to practise all manner of things. I have always told girl-children this, “if you engage in certain acts with boys, the person who is likely to suffer more is the girl” and I believe that this kind of education, if it is really carried to the relevant lengths, would go a long way to help the girls to be more careful so that they do not engage in some of these unnecessary acts with boys when they are, in the end, going to be the real victims.

Mr. Speaker, I believe that we as law

makers also need to re-examine some of these laws. For example, Maintenance Law, the law itself is weak and the application is almost non-existent. In the United States of America, in Britain and so on, the laws are really stringent against recalcitrant men who do not want to look after their children because these are some of the things that put unnecessary burdens on women, they become so emotionally charged and they go looking for solutions from spiritualists who also tell them all manner of stories and so on and so forth.

I believe if we should strengthen the laws to protect women in this regard and to make men responsible, there must be ways of tracing them to their jobs and taking the moneys out of their salaries so that children are looked after and they do not become unnecessary problems onto women.

Mr. Speaker, finally, these days, the

women too are beating the men. Maybe,

because of the way society is developing and the women are also engaged in football and others, some of them are quite physical as well and it is continuing to happen that many men continue to fall victims to the assaults of women. So if they want to gain the full sympathy of society, they must also tell their sisters with strong physique to also stop beating up the men.

Thank you, Mr. Speaker.

Majority Leader (Mr. A. S. K.

Bagbin): Mr. Speaker, I just want to add my voice in commending the Hon Member who made the Statement, Madam Mary Boforo, for giving us all the information in connection with this very important topic of violence against women.

Mr. Speaker, we all know woman is the

basis of society and if the basis of society is now considered as an endangered species, it is the whole society that is endangered. I think we need as a country to commit ourselves to making sure that we eliminate totally the incidence of violence against women.

Mr. Speaker, I will refer Hon Members

to what happened in the Bible. Jesus did not just say that the one who has not sinned should throw the first stone at the woman for nothing, it is because there was no man available and the woman alone could not have committed that grievous sin. There must be a man.

Recently, we read and heard of the

stoning of a woman to death for committing adultery with a man but the man was given hundred lashes. This morning, I listened to an early morning pastor on one of the radio stations preaching and his concern was the fact that on Sundays you get almost every Ghanaian in church and on Fridays the Muslims attend the mosque but that in the night you have some people

electing women as treasurers because we trust that they will not misapply, they will not misuse the resources that we put at their disposal. These are good things that we should bring out for people to know that woman is, after all, better than man. Yes, the second creation was better than the first creation because God learnt from experience and that is why the women are more resilient than the men.

Mr. Speaker, if you want, I will repeat. Women are more resilient than the men and I think that we should see that in them and continue to fight the battle to make sure that we all get educated to support our better halves. That is why we call them “better halves” and that is an endorsement of the creation of God so that this country can develop and develop faster.

Once again, I commend the Hon

Member who made the Statement.

Thank you very much, Mr. Speaker.
Mr. First Deputy Speaker 12:05 p.m.
Thank
you very much, Hon Majority Leader.
That brings us to the end of Statements.
At the Commencement of Public Business - Presentation and First Reading of Bills, item 5(a), Hon Majority Leader.
Mr. Bagbin 12:05 p.m.
Mr. Speaker, the Hon Minister has mandated his Hon Deputy in the person of Hon Fifi Kwetey to come and lay these Bills. I just want to crave your indulgence and the permission of the Hon Speaker to permit him to do so.
Mr. Kyei-Mensah-Bonsu 12:05 p.m.
Mr.
Speaker, I agree.
BILLS -- FIRST READING 12:15 p.m.

Mr. First Deputy Speaker 12:15 p.m.
Hon
Leaders, I think that is the proper Committee. You know, even though I know there is a revenue element but the main Bill itself was worked on by the House. When we passed the Minerals and Mining Act, it was that Committee that worked on it. That is why I am referring it to that Committee.
Customs and Excise (Duties and Other Taxes)
(Amendment) (No. 2) Bill, 2009
An ACT to restore and rationalise import duty on selected commodities and to move from specific to ad valorem excise duty rate.
Presented by the Deputy Minister for Finance and Economic Planning (Mr. Fifi Kwetey) (on behalf of the Minister for Finance and Economic Planning), read the First time; referred to the Finance Committee.
Mr. First Deputy Speaker 12:15 p.m.
Well, you
know, with regard to the item 5(a), Hon Member for Sekondi, I have the same dilemma with you but I was minded to refer it to them because it is the Committee that worked on the substantive Bill. The fact that there is this royalty component in a Bill does not necessarily make it -
So since that was the Committee that worked on the substantive Bill when it was introduced to this House, that is why I am referring it to that Committee. But if it is
joint, I do not have any problem. Let us have a clearer picture of the revenue but I think that it should go to the Mines and Energy Committee since they worked on the substantive Bill in this House.
Thank you very much. At the Consideration Stage, Interpre-
tation Bill.
Mr. Hackman Owusu-Agyemang 12:15 p.m.
Mr. Speaker, I hope this is not an instance where another Hon Minister can stand in the place of the substantive Minister or the Deputy. So under the circumstances, I beg to move, that the whole thing be stepped down and when they think that they have time to come and attend to this House, we would discuss the issue. I move that it should be stood down.
Mr. First Deputy Speaker 12:15 p.m.
Hon
Member for New Juaben North, I am minded to agree with you that you have some strong views there. I share your sentiments, especially so when I did make the statement from the Chair last Friday that the promoters of the Bill should be in the House at the Consideration Stage to assist the House in considering this Bill but I have been informed by the Table Office that the Hon Deputy Attorney- General is on his way coming from court.
In view of that information provided by the Deputy Clerk, I think that we should start the Consideration while we see how it goes and then at the appropriate time we can make the necessary interventions.
BILLS -- CONSIDERATION 12:15 p.m.

STAGE 12:15 p.m.

Mr. First Deputy Speaker 12:15 p.m.
Hon
Members, this is an amendment I wish the Attorney-General's Department was here to assist us in its consideration. The rules allow us to defer an amendment, so I would defer this amendment; when the Hon Attorney-General or his Deputy comes, then we would revisit it.
Papa Owusu-Ankomah 12:25 p.m.
Mr. Speaker, thank you for recognising me out of turn.
While I agree with you that we defer this for the Hon Attorney-General and Minister for Justice to be here, this is also a technical Bill and the Hon Attorney- General and Minister for Justice will rely on technical advice.
I believe it would assist this House if the Director of Drafting at the Attorney- General's Department is also present. This is because the Hon Attorney-General and Minister for Justice herself may need advice -- or even Prof. Crabbe himself if it is not too much, but to consider such a Bill in the absence of the Hon Attorney- General and Minister for Justice or her Deputy and their Director of Legal Drafting does not help.
We have got our draftsperson here, that may well be so but this is a Bill coming from Government and it has serious implications for interpretation of every enactments that we pass in this House. So I will implore you to also instruct the Hon Attorney-General and Minister for Justice to come with someone, a very, very senior officer from the drafting division of the Attorney-General's Department.
Mr. First Deputy Speaker 12:25 p.m.
Hon
Deputy Majority Leader, what do you have to say to what the Hon Member
Richard Lassey-Agbenyefia): Mr. Speaker, I beg to move, clause 2, sub- clause (2), line 1, between “and” and “to” delete “applies”.
This will make it read, ‘This Act applies to this Act and to an enactment specified in subsection 1. So the second ‘applies' is to be deleted.
Mr. Kyei-Mensah-Bonsu 12:25 p.m.
Mr.
Speaker, I think it is in respect of subclause 2. I have nothing against subclause 2. My own was in respect of subclause 2(1).
Mr. First Deputy Speaker 12:25 p.m.
Very well.
You know this is a very technical Bill, so when you want to move an amendment it is good for us to have the amendment put on the Order Paper so that we are sure as to what we are doing. So if you would bear with me, let us go through then, maybe, if you get the opportunity at the Second Consideration Stage to clean some of it or - That is what I am suggesting. This is a very technical Bill that is going to aid interpretation of all other enactments in this country. So when the amendment is printed, it is better and guides the Chair accordingly. [Pause.] Very well.
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.
Clause 4 -- Words of enactment.
Mr. Lassey-Agbenyefia 12:25 p.m.
Mr. Speaker,
I beg to move, clause 4, subclause (2), line 3, delete and substitute “Passed by Parliament and assented to by the President”.
Mr. Speaker, this is to conform to the enacting formula as provided in the

for Sekondi (Papa Owusu-Ankomah) is saying?
Mr. J. T. Akologu 12:25 p.m.
Mr. Speaker,
I think that this thing was discussed at the winnowing level and the Attorney- General's Department stated their position on this based on the advice of their technical people. But as he said, if the technical person is here, it is this House that might eventually decide to refer it to them to go and clear it; so I think that the important person we need here now is the Hon Deputy Attorney-General and Minister for Justice for us to be able to get the sense of the Ministry actually and then the House would direct.
So I think that in deferring it to wait for the Hon Deputy Minister is all right, so that we would look at it and the House would have a sense of it and then direct the technical people to assist in cleaning this thing.
Mr. J. Y. Chireh 12:25 p.m.
Mr. Speaker, while
taking note of what my Hon Friend has suggested, once a Bill is before Parliament, it becomes the property of Parliament and even if the Hon Attorney-General and Minister for Justice says she does not agree with us, we as a House can decide that that is the best for this country. Now, this Bill as we know has travelled through several Attorney-Generals including himself and this one, they have no objection; no doubt.
Mr. First Deputy Speaker 12:25 p.m.
Hon
Minister for Local Government and Rural Development, if you consider that this Bill is so important, is that not the more reason why the promoters of the Bill should be

in the House? Hon Minister for Local Government and Rural Development, is that not the more reason why they should be here?
Mr. Chireh 12:25 p.m.
Mr. Speaker, once I raised the issue and we were talking, do you not see that the Hon Deputy Attorney-General and Minister for Justice has come? [Laughter.] But if the decision you were going to make, Mr. Speaker, was going to make it - now, he has come.
Mr. First Deputy Speaker 12:25 p.m.
Hon
Members, the clause 4 that I intended to defer before the intervention came from the floor, we go back to it. So Hon Chairman of the Committee, have you moved it?
Mr. Lassey-Agbenyefia 12:25 p.m.
Yes, Mr.
Speaker.
Mr. First Deputy Speaker 12:25 p.m.
So Hon Members, clause 4 has been moved already; we go back to it and it is for the consideration of the House.
Mr. Ebo Barton-Odro 12:25 p.m.
Mr. Speaker,
I have given a copy of some instructions received from our Director, Legislative Drafting Division. I would want to pray this Honourable House to give us the opportunity to study that document which has been given to us.
Unfortunately, she was supposed to have been invited to the sub-committee's meeting, it did not happen, she was not invited. So she came this morning or this afternoon just about a few minutes back when she received information that the House was considering this one.
Indeed, we have no objections to the other amendments being proposed except this clause 4(1). It is just this clause 4(1) that we pray that the opportunity be given to the sub-committee to meet with her in my presence to look at it before we come back. But the rest of it, we are all right.
Mr. First Deputy Speaker 12:25 p.m.
Hon
Ministry was not invited, I do not believe, would be saying something right.
Mr. First Deputy Speaker 12:25 p.m.
He said the head of drafting section.
Papa Owusu-Ankomah 12:25 p.m.
Mr.
Speaker, we do not invite the head of drafting section, we invite the Ministry - the Hon Attorney-General and Minister for Justice and the Hon Attorney-General would decide which member of staff should either accompany her or represent the office.
Mr. Kwame Osei-Prempeh 12:25 p.m.
Mr.
Speaker, I just want to emphasise that the Hon Attorney-General and Minister for Justice was present in that -- apart from Justice Crabbe, Mr. Tackie was there and Ms. Agnes Quartey-Papafio was there and they took part in the deliberations for two days. You do not expect, and in fact, it is never the rule or the procedure that when Bills are being considered, the Hon Attorney-General and Minister for Justice or her Deputy should be present but the technical people should always be there and they were there.
So it is unfortunate for the Hon Deputy Attorney-General and Minister for Justice to say that the Hon Attorney-General was not invited, it is something that should not go into the record, it is not true.
Mr. Barton-Odro 12:25 p.m.
Mr. Speaker,
with all due respect, my submission was not that my Ministry was not aware - [Interruption.] Mr. Speaker, what I am saying is this, that it would be in the best interest of all stakeholders for the Director, Legislative Drafting to make her input. This is all that I am saying.
Mr. J. T. Akologu 12:25 p.m.
Mr. Speaker, I
think that when you asked for my opinion or information on this, I made it clear
Deputy Attorney-General and Minister for Justice, where was the draftsperson when the Bill was being considered by the Committee?
Mr. Barton-Odro 12:25 p.m.
Mr. Speaker, that
is what I was saying, that she was not invited to the Committee's meeting.
Mr. First Deputy Speaker 12:25 p.m.
But the Ministry was invited? Was the Ministry invited?
Mr. Barton-Odro 12:25 p.m.
Mr. Speaker, I
understand Justice Crabbe was there but she, as the head of that division should have been invited.
Mr. First Deputy Speaker 12:25 p.m.
Was it
not the Ministry that would appear before a committee of the House with those that they think are competent to address all matters concerning the Bill?
Mr. Barton-Odro 12:25 p.m.
Mr. Speaker, I
believe that the invitation should have been addressed to her as the Director of Legislative Drafting. [Interruptions.] At least, I was not aware, I received no such invitation as the Deputy Minister then acting.
Papa Owusu-Ankomah 12:25 p.m.
Mr. Speaker,
I am not a member of the Committee so I cannot claim to be privy to what happened at the Committee level. But it would be contrary to all parliamentary practice, for a Ministry that is sponsoring a Bill not to be invited. I supposed what may have happened was that, the Ministry must have been invited, the Hon Deputy and the Hon Attorney-General herself may have been engaged in other pressing matters of State, so Prof. Crabbe came representing the Ministry.
Probably, the Hon Deputy Attorney- General and Minister for Justice believes that the Attorney-General's office needs to be given some time. But to say that the
Mr. First Deputy Speaker 12:25 p.m.
Hon Members, I would want us to defer clause 10 or if you will move the amendment -- [Pause] - Very well, you go ahead and move it.
Mr. Lassey-Agbenyefia 12:35 p.m.
Mr. Speaker, I beg to move, clause 10, subclause (1), paragraph (b), line 4, after “Parliament” add “as well as the Government White Paper”.
So that the whole amendment would now read:
“Where a Court is concerned with ascertaining the meaning of an enactment, the Court may consider
(b) a report of a Commission, committee or any other body appointed by the Gover- nment or authorized by Parliament, which has been
that, at the winnowing level or at one of the meetings of the Committee, the Attorney-General's Department was duly represented. In fact, all the people that the Hon Member for Nsuta-Kwamang/ Beposo (Mr. Kwame Osei-Prempeh) mentioned were there on the instruction or the permission of the Hon Attorney- General and Minister for Justice and they represented her or the Ministry adequately. They made it known to the Committee that they had no objection to all the other amendments except this.

The new information that is coming from the Hon Deputy Minister now is that a document has been presented and this also falls in line with what I said here that, if the House considers the thing and then they require the involvement of the technical people, we will refer it to them to go and clean it up and come back. And this is the request that the Hon Deputy Minister has made, that we should allow them to look at it.

Earlier, he was saying that the Chief Director or the technical people should have been invited but I think he has been reminded that we do not do that in this House. We invite the substantive Ministers themselves and they come with their technical people.

So Mr. Speaker, let us as a House, consider that the Ministry should be convinced about the amendment, otherwise, we may be, as he put it, putting certain things into jeopardy.
Mr. First Deputy Speaker 12:35 p.m.
Very well, I will defer clause 4 and move on to clause 5.
Clause 5 - Public Acts.
Mr. W. O. Boafo 12:35 p.m.
Mr. Speaker, I filed an amendment - [Interruption.]

presented to the Govern-ment or laid before Parliament, as well as Government White Paper.”
Mr. W. O. Boafo 12:35 p.m.
Mr. Speaker, I have been put down as the proponent.
Mr. First Deputy Speaker 12:35 p.m.
They have put two Hon Members there - the Chairman of the Committee and then Hon William Ofori Boafo.
Mr. Boafo 12:35 p.m.
Mr. Speaker, this amendment is being proposed in view of the fact that the reports of Commissions and Committees of Enquiry do not end at that level. We normally have a White Paper on those reports and it would be very instructive to have the White Paper also included in the “Aids to interpretation”, so that we would know exactly what the Government will observe, comment or say about the Commission's report.
Mr. First Deputy Speaker 12:35 p.m.
Yes, the amendment is moved. But those moving the amendment, I want a little guidance from you. What about where the White Paper itself is in court - because when the White Paper comes and makes adverse findings against somebody, the person has the right of appeal to the Court of Appeal. What happens when the matter itself is in court?
You started by saying that it is not final, there should be a White Paper. But what about when the White Paper itself is in Court of Appeal, for example or the Supreme Court, what happens? Do we need to qualify it?
Mr. Boafo 12:35 p.m.
Mr. Speaker, I do not see the difficulty when the White Paper is in court. It is just like any other Paper which is before the courts.
Mr. J. Y. Chireh 12:35 p.m.
Mr. Speaker, I think
that the amendment is supported because if you leave it at the Commission level then you are not dealing with all the things that are connected with it. If it is only the Commission of Enquiry that you are dealing with, the issue may be, was there a White Paper on it? And if there is a White Paper on it, that becomes really the issue that can be taken to court and I believe that its addition is in order.
Now, you are also saying “may consider” so there is no compulsion that it should be. It is “may” and I believe that we should support the motion for the amendment.
Mr. Joe Ghartey 12:35 p.m.
Mr. Speaker, I believe that if we read clause 10(1), it says:
“Where a Court is concerned with ascertaining the meaning of an enactment, the Court may consider
. . .”
Mr. Speaker, clause 10(1) makes it clear that matters that deal with things like “would make adverse findings” and so on are not being dealt with here. The typical example that comes to mind is the Gower Report.
There was a Commission of Inquiry by Professor Gower, which was authorized by the Governor-General. After he finished his Report then the Government issued the Gower Report which in fact was a White Paper by Government; in effect, that was what it was.
So, Mr. Speaker, I believe that since we are only concerned with the meaning of enactment, the question of that Report being a subject-matter of a court process or a Court of Appeal may not necessarily apply in this circumstance. But the point is that, when - for example, just like Professor Date-Bah Committee on the Companies Code, so Professor Date-
Mr. First Deputy Speaker 12:35 p.m.
Very well, I would put the Question.
Question put and amendment agreed to.
Mr. Lassey-Agbenyefia 12:35 p.m.
Mr. Speaker, I beg to move, clause 10, subclause (1), paragraph (c), delete line 1 and substitute “a relevant treaty, agreement or convention or any other international instrument which --”
Mr. Speaker, the clause 10(1)(c) will
now read:
“(c) a relevant treaty, agreement or convention or any other international instrument which has been ratified by Parliament or is referred to in the enactment of which copies have been presented to Parliament or where the Government is a signatory to the treaty or the other international agreement;”
Mr. Speaker, I propose that the amendment be supported.
Mr. W. O. Boafo 12:35 p.m.
Mr. Speaker, I rise to support the amendment in the sense that the original rendition limited the items to be covered to “treaty”. And under international law, the definition of “treaty” is quite different from other international agreements and instruments. So, we needed
Bah would finish his work, present it to the Attorney-General, the Attorney- General may then issue a White Paper - the Government may issue a White Paper which agrees with certain parts of Professor Date-Bah's Report and disagrees with certain parts. Based on that, the Companies Bill would be brought here and then we shall pass into law.
Now, in that process, if a section of the Companies Act, as it would be then, goes to court, what you are saying is that, in ascertaining the meaning of that provision, the court can either rely on Date-Bah's Commission Report, it can also rely on the White Paper by Government because Government may disagree with portions of Date-Bah's Report and give certain meaning to certain words which are different from what Date-Bah may have given.
Mr. First Deputy Speaker 12:45 p.m.
So, do I hear you say that it is not every White Paper that might be an issue here?
Mr. Ghartey 12:45 p.m.
Mr. Speaker, it is only White Papers that relate to enactments -- White Papers that relate to the meaning of enactments. So, it is a report of a Commission or Committee that arises out of an enactment. It cannot be like a committee investigating A, B, C, D - some alleged malfeasance -- [Interruption.]
Mr. First Deputy Speaker 12:45 p.m.
So, you
think there is no need to qualify it for the avoidance of doubt?
Mr. Ghartey 12:45 p.m.
Mr. Speaker, with

to make it more expansive by bringing in “international agreements, conventions, protocols and other instruments”.
Papa Owusu-Ankomah 12:45 p.m.
Mr. Speaker, I was wondering whether in terms of consistency, we could not adopt the expression used in article 75(2) of the Constitution.
Mr. First Deputy Speaker 12:45 p.m.
Article?
Papa Owusu-Ankomah 12:45 p.m.
Article 75(2) of the Constitution which says:
“A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by -
(a) Act of Parliament;”
For consistency sake, we referred to the specific words used in article 75(2) of the Constitution. So, instead of talking about
“a relevant treaty, agreement or convention or any other international instrument …”
we delete “any other international instrument” so that the words will be consistent with article 75(2) relating to execution of treaties which I presume is what the Hon Chairman of the Committee is referring to.
Mr. Ghartey 12:45 p.m.
Mr. Speaker, I regret that I beg to differ. Mr. Speaker, the reason why this matter was considered at length at the Committee is that, we looked at article 75, but Mr. Speaker, we added the words
“or any other relevant instrument”
because there are international Instruments which are known as protocols, which are known as treaties,
agreements or conventions which are signed by the President which must come to Parliament.
Indeed, Mr. Speaker, if we were told that an amendment to a treaty is a protocol, and a protocol is not mentioned here specifically but protocols which are signed by the President must come to Parliament; indeed, in this House, there are several protocols that we have looked at and passed. Last two weeks, or just before we rose, we were looking at offshore protocols relating to the issues of discrimination against women, et cetera.
Are you saying that because the word “protocol” is not mentioned specifically in the Constitution in article 75 (2), it means therefore that we cannot - it is not something that article 75 (2) applies to? Indeed, the Interpretation Act is merely putting the issue beyond doubt. And that is why we have added the words “any other relevant international instrument”. That is simply one that is there.
So, Mr. Speaker, I believe that we should not take it out; we should leave it in and I pray that perhaps, the majority will also agree with me.
Thank you very much, Mr. Speaker.
Mr. Barton-Odro 12:45 p.m.
Mr. Speaker, I think that these issues being raised are very interesting issues. And since we are setting up a committee to review certain portions of our Constitution, we could take note of these issues raised, so that at the appropriate time, some amendments to these provisions in the Constitution would be made to tally with the proposals being put forward by way of amendments by the Hon Chairman of this sub- committee.
Papa Owusu-Ankomah 12:45 p.m.
Mr. Speaker, what I am saying is that, the expression used in the Constitution does not exclude protocol. A protocol is a convention which must come to Parliament. I am saying that, use the expression for consistency
Mr. First Deputy Speaker 12:45 p.m.
Yes, the Hon Minister for Local Government and Rural Development, then I would take the Second Deputy Speaker.
Mr. J. Y. Chireh 12:45 p.m.
Mr. Speaker, I think that amendment as proposed is the best to take as at now. The procedure also requires that if he wants further amendment it must be with the leave of the one who proposed the amendment.
But what I want to say is, the Constitutional provision is for a specific purpose. What we want to do here, is to expand the frontiers of “Interpretation” and therefore, if you restrict us to the Constitution, which is only a guide, it would not be appropriate. Including the instruments is the best in the circumstances, which covers a wider area including protocols and the other instruments and there are many of them; that is why we
sake. I am not saying that if you do not express international agreements, they do not mean that they will not come to Parliament.
What I am saying is that , the expressions used in the Constitution are treaty, agreement and, convention and that should be enough to embrace everything. Adding “international agreement” does not expand it.
Mr. First Deputy Speaker 12:45 p.m.
Hon Chairman of the Committee, you are introducing “Instrument” into the Bill. The Bill itself used the word “agreement”.
Mr. Lassey-Agbenyefia 12:45 p.m.
Mr. Speaker, we are saying that “agreement or convention or any other international instrument”, that is where I believe my learned Colleague and senior is talking about, that we should rather conform to the words used in the Constitution instead of bringing the “international instrument”.
Mr. First Deputy Speaker 12:45 p.m.
The Hon Member for Sekondi has a point because having used the word “Instrument” in your amendment, I do not think the Bill has defined it. Has the Bill defined “instrument”?
Mr. Lassey-Agbenyefia 12:45 p.m.
Mr. Speaker, no, we do not have it. Mr. Speaker, the “instrument” has not been defined.
Mr. First Deputy Speaker 12:45 p.m.
So, what is your position? Hon Chairman of the Committee, the amendment is in your name.
Mr. Lassey-Agbenyefia 12:45 p.m.
Mr. Speaker, I think that these are not any serious issues, it is just about how to conform to the words as used by the Constitution. So, I think that we will have a second look at it.
Mr. Osei-Prempeh 12:55 p.m.
Mr. Speaker, I believe that the amendment is in

should support the motion -
Mr. Ghartey 12:55 p.m.
Mr. Speaker, on a point of order. My very respected Friend, Colleague, Lawyer and drafting expert said the Constitution is just a guide -- [Laughter] -- That is the most serious statement I have heard on this floor of Parliament in the five years that I have been here. In fact, article 1(2) of the Constitution, and he should go to the Constitution and read it. Article 1(2) and with your permission I read:
“1(2) This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
How can he say that the Constitution is a mere guide? It is a very serious statement. I am glad that our young brothers and sisters have left the gallery; it is a very dangerous statement and he should withdraw it.
Mr. First Deputy Speaker 12:55 p.m.
Hon Minister, what do you say to that? Do you still believe that the Constitution is only a guide?
Mr. Chireh 12:55 p.m.
Mr. Speaker, the Constitution is a guide because, first and foremost, everything else that is in that Constitution, we make laws, expand, so long as they do not conflict with the Constitution. So it is a guide; it cannot govern every detail of our lives or the things we do in the various aspects of -- It is a skeleton. I am not talking about the strength of the Constitution or whether it is supreme or not; I am saying that, it is the supreme law but it guides all the other things we do. And so long as we are doing something that is within the Constitution, and the ambit of the Constitution but expands the frontiers, it is the best.
I have no doubt that the Constitution is the supreme law; I have no doubt about it. But it is also limited in details to which we can do things within the country, that is what I want to express. But I support the motion as moved and we should vote on it.
Prof. A. M. Oquaye 12:55 p.m.
Mr. Speaker, matters regarding treaties, agreements, conventions -- they are nomenclatures, they are names given to a bigger thing which you may describe as an instrument. Mr. Speaker, we know about the sui generis rule; that is a big rule for interpretation. In other words, you interpret the thing of its own kind.
Mr. Speaker, any other international instrument is a very, very welcome addition because it is that which gives you the type, the matrix upon which you can now interpret in terms of sui generis. If you do not have that omnibus application, then you cannot put anything in a matrix. So when international law or international relations has developed, so that we now have something beyond treaties or whatever we call them, and we call something by another nomenclature, nevertheless, the most important question is, is it an international instrument? Then you would see that that also applies.
So this gives us room to progress and move forward and even apply the sui generis rule in the light of whether a thing is an international instrument or not and then we progress.
So Mr. Speaker, it is most welcome.
Mr. First Deputy Speaker 12:55 p.m.
We have taken enough from the floor, so I would now put the Question.
Question put and amendment agreed to.
Mr. First Deputy Speaker 12:55 p.m.
Chairman of the Committee?
Mr. Lassey-Agbenyefia 12:55 p.m.
Mr. Speaker, I believe that when this matter came for discussion, the purpose was to expand; like my learned Colleague has said, to expand the scope of not only what Parliament intends, but also to look beyond the intention of what the Legislature and all other contributors to the amendment as a material or a guide to the interpretation of the provisions we are looking at.
So Mr. Speaker, I believe that much as I agree with my Hon Friend's sentiments, I believe that the amendment is in order and is in the right place, and it should be considered.
Mr. Ghartey 1:05 p.m.
Mr. Speaker, when you look at the original rendition of the clause as was correctly said by my Hon Colleague from Sekondi, it restricts what the courts can look at to the statement by the Hon Minister or other promoters of the Bill.
Mr. Speaker, we have been told in this House this morning and we all agree that, once the Executive brings the Bill to the House, it becomes the property of the Legislature. Mr. Speaker, we are also aware as Members of Parliament that indeed, the original statement made by the Hon Minister may be completely changed by the time that we come to take in the vote.
Indeed, if you look at the arguments and contributions from other Hon Members, it
Mr. Lassey-Agbenyefia 1:05 p.m.
Mr. Speaker, I beg to move, clause 10, subclause (3), delete and substitute the following:
“subject to article 115 of the Constitution, a Court shall have recourse to parliamentary debates under subsection (2), where the legislative intention behind the ambiguous or obscure words is clearly disclosed in the parliamentary debate.”
Mr. Speaker, we want to lift this
amendment to replace what originally was in clause 10(3) which says:
“A Court shall have recourse to parliamentary debate under sub- section (2), where the legislative in tent ion , ly ing behind the ambiguous or obscure words is clearly disclosed in the parliamentary material and the statement is one made by the Minister or any other promoter of the Bill.”
Mr. Speaker, I pray that the substitution and amendment be seconded and approved by this House.
Papa Owusu-Ankomah 1:05 p.m.
Mr. Speaker, while I agree with what has been said, subject to -- I do not understand the reason why the Committee decided to delete
“and the statement is one made by the Hon Minister or any other promoter of the Bill,”
as stated in the original rendition. Probably, there must be a reason. I am saying that the original rendition says,
“ . . . where the legis la t ive intention is clearly disclosed in the parliamentary material and the statement is one made by the Hon

may even give the courts more edification than for the court to restrict itself merely to the statement made by the Hon Minister. With the greatest of respect, to all Hon Ministers past and present and also in the future, the Hon Minister is not the alpha and omega of knowledge. Indeed, he starts the process, there are many a time in this House, where indeed other Hon Members' contributions bring up other dimensions that perhaps the Hon Minister or the Ministry and the Executive may not have thought about previously.

We want to give the court the opportunity to look at the entirety of the debate because the court is looking at it merely as an aid to interpretation. The court is not bound by any single edification of the matter by anybody. But why should we restrict the court to only the Hon Minister? It is on that basis that we decided as a Committee to expand it in the manner that it has been expanded and I urge all Hon Colleagues in this House to support it.

Mr. Speaker, thank you very much.
Mr. Bagbin 1:05 p.m.
Mr. Speaker, at the winnowing stage, this thing was completely debated, exhausted and in fact, we realized that the intention was to as much as possible, use as aid the collective intention of the House, not an individual. In fact, we realized that the use of parliamentary debates and later on parliamentary material, we even thought that it was wrong and we shifted the material to the debate, that is initially how we started. And we realized that what the former Hon Minister for Justice and Attorney-General, Hon Joe Ghartey said prevailed at the end of the day, that is why we have given this rendition.
We also realized that in practice, a number of times on the floor, promoters of Bills, including Hon Ministers have made

statements that tend to be wrong even in law, and Hon Members have had the opportunity to correct them and to as much as possible, let the right things be done. So we do not see the wisdom in singling out only the statement of the Hon Minister or any other promoter of the Bill.

We think that as he rightly stated, it should be the decision of the House, what the House says, not what an individual Hon Minister or Member says.
Papa Owusu-Ankomah 1:05 p.m.
Mr. Speaker, I thank the Hon Chairman of the Committee and other Hon Members for this explanation. But it is also important that, when an amendment is proposed, you capture comprehensively the reasoning behind the amendment so that the House can appreciate its essence.
Thank you very much.
Mr. First Deputy Speaker 1:05 p.m.
Chairman of the Committee, I need your guidance just before I put the Question because I must be sure as to what I am putting. Why did you limit only the clause which has a new rendition to article 115, but not 2 (e) -- Parliamentary debates? [Pause.] Why not subject it to 115 2(e)? I thought that is where the real problem is. The amendment is subject to article 115.
Mr. Lassey-Agbenyefia 1:05 p.m.
Mr. Speaker, article 115 is only 115.
Mr. First Deputy Speaker 1:05 p.m.
And I am saying that, look at 2(e):
“Parliamentary debates prior to the passing of the Bill in Parliament.”
Mr. Lassey-Agbenyefia 1:05 p.m.
Mr. Speaker,
rose
Mr. First Deputy Speaker 1:05 p.m.
Hon Member for Nsuta- Kwamang/Beposo.
Mr. Osei-Prempeh 1:05 p.m.
Mr. Speaker, I was discussing with my Hon Colleagues the need even for “the subject to article 115”; whether it is necessary to put that there -- [Interruption.]
Mr. First Deputy Speaker 1:05 p.m.
It is very,
very necessary.
Mr. Osei-Prempeh 1:05 p.m.
Mr. Speaker, a court using parliamentary debates as a guide, is not the same as a court impeaching what has been said in Parliament. The import of clause 115 is that nobody can go to court and tell the court to throw out what Parliament has said or to gag parliamentarians from speaking on the floor of the House or say what is true -- but not that a court cannot even -- looking at it, say that I do not agree with Parliament when they said this or that.
Mr. Speaker, I believe that we are expanding it too much, and I do not see the need for “the subject to article 115”. Really, I do not see the need there.
Mr. First Deputy Speaker 1:05 p.m.
You know very well that, this is not only for the court. You know very well that lawyers would also use this Interpretation Bill. Therefore, in preparing their address if they disagree with what an Hon Member says on the floor, nothing prevents a lawyer from attacking or questioning what a Member said on the floor in order to convince the court to rule one way or the other. That is real and that is possible. So, I do not know, but let me take the Hon Minister for Local Government and Rural Development.
Mr. Yieleh Y. Chireh 1:05 p.m.
Mr. Speaker, I am not very comfortable. I support the
amendment in part. The reason is this; we have left out “parliamentary material”, which is very important. “Parliamentary material” does not come in debates alone. You can have a report of a committee, like this report that we are now considering. So, it is a parliamentary material. I thought that we should still have maintained “parliamentary material” in addition to the amendment that has been made. And also, -- [Interruption] -- no, what I am saying is that, yes, it is debated -- [Inter-ruption.]
Mr. Chireh 1:05 p.m.
Mr. Speaker, I also do not
still agree that we should subject this to article 115. The reason is simple; we want the courts to have recourse to these. But in that process, if somebody goes to court to argue, I do not see the possibility of the one who made the contribution being attacked in person or whatever. It is now the product of Parliament, so why should we subject this one to article 115? What is the purpose? I do not see it; we should just say “a court” and that will be right.
Mr. Boafo 1:15 p.m.
Mr. Speaker, the last Hon Member to contribute was referring to the need to include “parliamentary materials” under subclause 2. But if you look at subclause 2 (6), we have pre- parliamentary materials relating to the enactment, so it has been taken care of.
The other issue is that by making it subjected to article 115 is only cautionary so that the courts, when you are trying to impeach or question the contributions made by an Hon Member on the floor, the court will draw attention to the fact that, you are treading into an area which is protective of parliamentarians.
Mr. First Deputy Speaker 1:15 p.m.


Member for Bekwai and Hon Member for Sekondi, then I go to Deputy Majority Leader then I will put the Question.
Mr. Joseph Osei-Owusu 1:15 p.m.
Hon Speaker, I also take the view that there is no point in subjecting this clause to article 115. The essence of article 115 is to protect the freedom of speech of Hon Members of Parliament in the House. Impeachment as used, is a legal process, it is not just by commenting on a Member's speech in the House. Worst, what a lawyer in court can do, is to make a comment on the parliamentary debates. He cannot impeach whatever has happened in this room in the legal sense of the word. So in my view, there is no point in subjecting this section to article 115.
Mr. First Deputy Speaker 1:15 p.m.
The word used in the Constitution, they used both “impeach” and “questioned”; it is not only impeachment, it is also questioned. It is also there, just to remind you.
Papa Owusu-Ankomah 1:15 p.m.
Mr. Speaker. I am just wondering whether in the light of the explanation given by the Chairman of the Committee and others, we cannot even fuse subclause (2) (e) and (3) into one. I am just wondering because, I was under the impression that subclause (3) was stating when you could have recourse to parliamentary debates, restricting it to statements made by the Hon Minister or other proposers of the Bill.
But where we are talking about the entire parliamentary debates, could we not say, instead of having a separate subclause (3) subject to article 115 of the Constitution where the parliamentary debates prior to the passing of the Bill in Parliament clearly disclose the legislative intention lying behind the ambiguous obscure words so that you do not need to

introduce a separate subclause (3).
Mr. First Deputy Speaker 1:15 p.m.
Hon Members, I think that -
rose
Mr. First Deputy Speaker 1:15 p.m.
Hon Member, all right, you can speak more than once on the subject.
Mr. Boafo 1:15 p.m.
Mr. Speaker, the purpose of subclause (2) is to give the court access to parliamentary debates. The purpose of subclause (3) is to limit the access to where the legislative intention lying behind the ambiguity is disclosed with the - It is not always that we have to but it is giving direction to the court when the court can resort to parliamentary debates. That is subclause (3). So we cannot merge the two together. They play different roles so far as the Bill is concerned.
Mr. First Deputy Speaker 1:15 p.m.
Hon Members, I will defer this -
Mr. John Tia Akologu 1:15 p.m.
Hon Speaker, with all due respect, I know that this is in the legal domain, but we are here also to follow and approve. So it should not just be biased towards Hon Members with legal background. I am drawing his attention to the fact that the lay Hon Members of this House also have to understand what is going on. Please, I say we have to understand what is going on.
Mr. First Deputy Speaker 1:15 p.m.
Hon Deputy Majority Leader, your point is a good point but some people have worked on this Bill. So if those experiences can help the House in its passage, I think that it will not be out of place.
For example, you know more than I do that we have two Bills introduced in this House, one signed by the former
Mr. First Deputy Speaker 1:15 p.m.
So do you understand the amendment to mean that you are only adding, that you are not deleting anything?
Mr. Lassey-Agbenyefia 1:15 p.m.
Mr. Speaker, sorry we are inserting “Chapter”.
Mr. First Deputy Speaker 1:15 p.m.
Yes, that is all; you are only inserting “Chapter”. You used the word “adding”.
Mr. Lassey-Agbenyefia 1:15 p.m.
Mr. Speaker, we are inserting - [Pause.] Mr. Speaker, I will take it again.
Mr. First Deputy Speaker 1:15 p.m.
No, I have got the import of your amendment.
Mr. Lassey-Agbenyefia 1:15 p.m.
All right.
Mr. Chireh 1:15 p.m.
I wanted to add that, he said line 1, but if you look at it, it comes to the last but one line too; you need to insert “Chapter” there too, to be consistent.
Mr. Speaker, I am saying that before “Part” he inserted or added “Chapter”. If you come to the closing chapter, it is saying “In reference to that Chapter” before “Part”; so there are two places that we need to add “Chapter” in this amendment. It is not controversial.
Papa Owusu-Ankomah 1:25 p.m.
Mr. Speaker,
I do not have any problem with adding “Chapter”, except that I am wondering whether we have chapters in enactments. That is all. Do we have chapters in enactments? I just want to understand it. Do we have chapters in enactments? And if enactments, which enactments? Is it Legislative Instruments or Executive Instruments or Constitutional Instruments, or Acts where we have Chapters? I know we have Chapters in Constitutions but the Constitution is not an enactment.
Mr. Chireh 1:25 p.m.
Mr. Speaker, I will offer him free legal advice. We have Chapters in very big legislations like Codes for instance, if you go to the Criminal Code or you go to the Companies' Code, they are in chapters as well as in the parts. Each chapter has a part. If you have a legislation that is bulky, you need to break it down in that manner. I am a draftsperson. I am giving him free legal consultancy - [Laughter.]
Question put and amendment agreed to.
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker,
we have a further proposed amendment to sub- clause (5) of clause 11, line (2), before the word “parts”, insert “Chapter”.
Question put and amendment agreed to.
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker, I beg to move, subclause (6), insert “Chapter” after “part” - subclause 6.
Question put and amendment agreed to.
Clause 11 as amended ordered to stand part of the Bill.
Clause 12 - Amending provisions.
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker, I beg to move, clause 12, subclause (3), line (2) delete words “for the time being”.
Mr. Speaker, the clause will now read 1:25 p.m.
“A reference in an enactment to any other enactment shall be construed as a reference to the other enactment as amended by a provision, including a provision contained in the enactment in which the reference is made or in a later enactment.”
Papa Owusu-Ankomah 1:25 p.m.
Mr. Speaker, that is my problem. Why is he deleting it? He should explain to the House.
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker, we are deleting that portion in order to make for easy reading and explanation and understanding of the whole sentence.
Mr. First Deputy Speaker 1:25 p.m.
What explanation did you give?
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker,
I am saying that we are deleting those words in order to make for easy reading and meaning and understanding of the clause. That is all.
Mr. Chireh 1:25 p.m.
Mr. Speaker, it is proper we do not use too many words in our legislation. Where it is redundant, it is superfluous then why do you put it there? In any case, an enactment is for the time being, so why do you say it? So that is why it is not necessary. We should support the motion of the amendment.
Mr. Bagbin 1:25 p.m.
Mr. Speaker, he has said it all. The drafting language was very clumsy and it was looked at and the better rendition is to do away with “for the time being” - [Laughter.]
Question put and amendment agreed to.
Attorney-General and one signed by the current Attorney-General. And so if you are looking at the Bills, you do not go and see which one signed this one, it will be referring you to the wrong Bill. But I have taken note of your concerns.
Mr. Akologu 1:25 p.m.
Mr. Speaker, I was going to talk on the issue of the suggestion of the amendment to article 115, I think that some Hon Members were not seeing the rationale behind that decision. But if you look at it, article 115 tries to cloth or cover or protect Hon Members of Parliament in whatever they do.
In asking for a court to rely on parliamentary debates in its decision and other things, what is being done here is to make sure that that court, when it comes across a certain libelous statement or something will not just take it and say, “well, I have the authority to interpret this and do whatever I want”, without referring to article 115. That was my understanding. So subjecting this amendment to article 115, I think, is in the right direction.
Mr. First Deputy Speaker 1:25 p.m.
Hon Members, I will not defer it, I will put the Question. But I still believe that there is some work to be done on that clause. But you have another opportunity through the Second Consideration Stage if that is the thinking of the Honourable House. So I will put the Question.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Clause 11 -- References in enactments.
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker, I beg to move, clause 11, subclause (4),
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker, I beg to move, clause 18, subclause (3), paragraph, (a) line 2, after “that Proclamation” insert “or any other statutory instrument”. It will now read :
“Where an Act provides that it is to come into force or operation on a day or date to be fixed or determined or appointed by Proclamation or any other statutory instrument.”
Mr. Speaker, we are inserting “any other statutory instrument” to expand the “Proclamation” that we have there so as not to limit the provision to any proclamations but rather statutory instruments that will be affected by clause 18.
Mr. First Deputy Speaker 1:25 p.m.
Is it paragraph (a) or paragraph (b)?
Mr. Lassey-Agbenyefia 1:25 p.m.
Mr. Speaker, the first one is (a), line (2).
Papa Owusu-Ankomah 1:25 p.m.
Mr. Speaker, I support the amendment in principle, except that I believe it should be “any statutory instrument”, not “any other” because clause 1 defines a statutory instrument as an instrument made under a power conferred by an Act of Parliament. If you read clause 18, subclause (3), it does not refer to any statutory instrument prior to this. So, it should be “any statutory” instrument, not “any other”.
Mr. Lassey-Agbenyefia 1:35 p.m.
Mr. Speaker, I am still at a loss to understand what my Hon Colleague is saying.
Mr. First Deputy Speaker 1:35 p.m.
The
point being made is that there is no earlier reference to statutory instruments before you but your amendment is referring to any other statutory instrument, which pre- supposes that an earlier reference had been made to a statutory instrument. So you should delete the “other”. If you agree with him, then you can move the amendment then we move forward.
Mr. Lassey-Agbenyefia 1:35 p.m.
Mr. Speaker,
I think that he has a point.
Mr. First Deputy Speaker 1:35 p.m.
Pardon?
Mr. Lassey-Agbenyefia 1:35 p.m.
Mr. Speaker,
I think he has a point.
Mr. First Deputy Speaker 1:35 p.m.
Then
move the amendment. The amendment is in your view. The Hon Member for Sekondi, do you want to move the amendment?
Papa Owusu-Ankomah 1:35 p.m.
Mr. Speaker,
let the Chairman move the amendment.
Mr. Chireh 1:35 p.m.
Mr. Speaker, because
we are inserting after “Proclamation”, proclamation can be an instrument. [Interruption.] So the argument is this: once you refer to something which is a form of instrument, you must then qualify the other one to say “any other instrument”, which is broader. He was talking about reference to an earlier instrument. Proclamation can only be by an instrument.
Mr. First Deputy Speaker 1:35 p.m.
Hon
Member, you know that “statutory instrument” has been specifically
defined in the Bill and does not include “Proclamation”.
Papa Owusu-Ankomah 1:35 p.m.
Mr. Speaker,
I do not know, he is a drafting expert, he has attended a course on legislative drafting, so he says he is an expert. But if you look at clause 1 of the Bill, meaning of certain expressions, it is stated -- “In this Act, unless the content otherwise requires, ‘statutory instrument' means an instrument laid whether directly or indirectly under a power conferred by an Act of Parliament.”
I do not know, he is an expert, he could tell me probably a proclamation is made by an Act of Parliament. I do not know. He just needs to explain it.
Mr. Bagbin 1:35 p.m.
Mr. Speaker, I think
both of them are right, it is just that they failed to listen to each other. He was talking generally to the division of instruments and if you look at that definition section, “Instrument” is defined to include proclamation. But when you are talking about statutory instruments, then proclamation is not part of that. They are all defined at page 4.
Mr. Speaker, with your permission I quote 1:35 p.m.
‘Instrument, includes notice, rules, regulations, by-laws or a procla- mation, an order or a warrant other than an order made or a warrant issued by a court.”
But when you come down to “statutory instrument”, it means “An instrument made whether directly or indirectly under a power conferred by an Act of Parliament.” When you come to the clause under consideration, the clause is talking about where an Act provides, and that means that that is a statutory Act. It is a statute, an Act provides. So if it is where an Act provides, then “(a) that it is to come into force or operation on a day or a date to be fixed or determined or appointed by proclamation” or -- It should be “any

statutory instrument”, not “any other statutory instrument”.
Mr. First Deputy Speaker 1:35 p.m.
Does the
definition of “proclamation” at page 31, clause 46 affect your submission?
Mr. Bagbin 1:35 p.m.
Yes, because -- [Inter-
Mr. First Deputy Speaker 1:35 p.m.
Have
you seen page 31 on definition of “proclamation”?
Mr. Bagbin 1:35 p.m.
Mr. Speaker, on page
31, “proclamation” means a proclamation made by the President under the public seal. That is different.
Mr. First Deputy Speaker 1:35 p.m.
Very
well. I thought the Hon Majority Leader has made the position clear. Hon Minister for Local Government and Rural Develop- ment?
Mr. Chireh 1:35 p.m.
Mr. Speaker, while
agreeing with him because of superfluous use of “other”, I wanted to also say that for proclamation it must also be by a law. You just cannot get up and say “I have proclaimed”, you must refer to a law. So it is form - you must refer to a law and it is the law that says that you can make a proclamation. So as far as I am concerned, there is no problem accepting the amendment as it is.
But I am saying that it is under a law that you can make a proclamation; you cannot distinguish that from an instrument which is also made under an Act or a legislation. You have the Executive Instrument, you have the Legislative Instrument. So we have different forms but I would defer it to the Leader.
Mr. W. O. Boafo 1:35 p.m.
Mr. Speaker, I want to point out one thing, that in event that an Act of Parliament provides that another
Act should come into effect by an order, then having regard to the definition of “statutory instrument” in this Act, order is not a statutory instrument, it is merely an instrument.
So I would go to another length, by suggesting that we even delete “statutory” and then we retain “any other instrument” -- “proclamation or any other instrument”, so that where an Act should come into effect by order ,that would also come in. Otherwise, if we limit ourselves to statutory instrument by the definition, we are giving in the Bill, we would be handicapped.
Mr. First Deputy Speaker 1:35 p.m.
Hon
Member, but if the amendments were to any other instruments, I do not think that there would be too much of a problem. But the amendment that we are considering specifically mentioned statutory instrument. So Chairman of the Committee, what do you say to that?
Mr. Lassey-Agbenyefia 1:35 p.m.
Mr. Speaker, I would pray at this stage that we defer this particular portion for further consideration.
Mr. First Deputy Speaker 1:35 p.m.
I thought
that after listening to the Hon Majority Leader and the Hon Member for Sekondi, we could take the amendment.
Mr. Lassey-Agbenyefia 1:35 p.m.
Mr. Speaker,
Mr. First Deputy Speaker 1:35 p.m.
Very
well. The amendment is in your name but if you say we should defer it, fair enough.
Mr. Lassey-Agbenyefia 1:35 p.m.
Mr. Speaker,
I would graciously pray that we should defer it.
Mr. First Deputy Speaker 1:35 p.m.
Hon
Members, consideration of clause 18 is deferred.
Mr. First Deputy Speaker 1:35 p.m.
No, I am
deferring the whole of clause 18.
Clauses 19 to 28 ordered to stand part
of the Bill.
Mr. First Deputy Speaker 1:35 p.m.
Hon
Majority Leader?
Mr. A. S. K. Bagbin 1:35 p.m.
Mr. Speaker, I
understand the prompting and I can read the mood of Hon Members in the House, and I think that it is an opportune time for us to take an adjournment.
So I beg to move, that this House do adjourn to tomorrow when we will commence the debate on the Financial Policy of the Government of Ghana.
Mr. Kwame Osei-Prempeh 1:35 p.m.
Mr. Speaker, I rise to second the motion.
Question put and motion agreed to.
ADJOURNMENT 1:35 p.m.

  • The House was accordingly adjourned at 1.46 p.m. till 25th November, 2009 at 10.00 a.m.