Debates of 18 Dec 2009

MADAM SPEAKER
PRAYERS 11:30 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:30 a.m.
Madam Speaker 11:30 a.m.
Hon Members, Correction of Votes and Proceedings of Thursday, 17th December, 2009.
Pages 1-6 --
Mrs. Gifty Ohene-Konadu 11:30 a.m.
Madam Speaker, page 6, item 4(17), on the list of absentees. Madam Speaker, yesterday I was present and Hon Frema Osei-Opare and a few others can testify to that but my name appears at the wrong column, where those who were absent are. So I want to draw your attention to that.
Alhaj i Mohammed-Mubarak Muntaka: Madam Speaker, yesterday, my Hon Colleague, Alhaji Issifu Pangabu Mohammed was in this House. We met at several places at committee meetings but surprisingly, his name is here on page 6, item 4(15) as having been absent. I think we need to correct the records.
Madam Speaker 11:30 a.m.
Pages 7-11 --
Mr. Abdul-Rashid Pelpuo 11:30 a.m.
Madam Speaker, I am sorry to take us back.
Page 6, item 4(20), I was visibly present yesterday but I have been recorded as absent.
Madam Speaker 11:30 a.m.
Pages 12-15 --
Mr. G.K. Arthur 11:30 a.m.
Madam Speaker,
Madam Speaker 11:30 a.m.
Pages 16-18 --
Mr. R. A. Adiyia 11:30 a.m.
Madam Speaker, Committee on Communications. I was present at the meeting but my name is not recorded as present.
Madam Speaker 11:30 a.m.
Page 18 -- [Pause.]
Hon Members , the Votes and Proceedings of Thursday, 17th December, 2009 as corrected, is adopted as the true record of proceedings.
Now, we move on to the Official Report of Wednesday, the 2nd December, 2009, any corrections?
Mr. S. E. Asimah 11:40 a.m.
Madam Speaker, I am very sorry to take you back to the Votes and Proceedings.
Madam Speaker, yesterday, Thursday, 17th December, 2009, motion number 7 was moved by the Hon Deputy Minister for Information, but that has not been reflected in the Votes and Proceedings. It was moved but somewhere along the line, it was aborted, and I think that that should reflect in the Votes and Proceedings.
Mr. Ambrose P. Dery 11:40 a.m.
Madam Speaker, my Hon Colleague on the other side talked about the motion in respect of the Minister for Information. Although it was moved, it was not seconded, and by Standing Order 81, it cannot appear in the Votes and Proceedings. Madam Speaker, Order 81 reads and with your permission, I quote:
“Unless otherwise provided in these Orders, every motion unless made at the Second Reading or Consideration Stage of a Bill, must be seconded, and if not seconded shall not be debated or entered in the Votes and Proceedings.”
So because it was not seconded, it could
not appear, Madam Speaker.
Madam Speaker 11:40 a.m.
Thank you very much. Yes, that is why it was not reported in the Votes and Proceedings. I think he is right.
Yes, any more corrections?
Mr. C. S. Hodogbey 11:40 a.m.
Madam Speaker, the issue as brought by the Hon Deputy Minority Leader, brings us to the issue of the dress code. Yesterday, the motion was not seconded because of a dress code issue.
Earlier, the First Deputy Speaker made a ruling regarding an issue like that -- in the afternoon. I would like to get your directive whether when a ruling is made by either the Speaker or First Deputy Speaker, that ruling can be overruled by a Second Deputy Speaker. My question is, when the First Deputy Speaker made a ruling regarding dress code, he set it aside and the discussion went on. But in the afternoon, Hon Felix Twumasi-Appiah was described as not properly dressed.
Madam Speaker, in the Standing Orders, there is no special dress code other than to say, the Hon Member should be decently dressed. So my question is, since the First Deputy Speaker was able to make a ruling early on in the morning and the discussion went on, why should the Second Deputy Speaker make another ruling to overrule the ruling of the First Deputy Speaker?
Madam Speaker 11:40 a.m.
Hon Member, unfortunately, I was not here so -- [Interruption.]
Mr. Dery 11:40 a.m.
Madam Speaker, I think that the Hon Colleague is completely out of order. We are dealing with Votes and Proceedings. And the issue is that this has not appeared in the Votes and Proceedings. So what he is trying to do, he is trying to achieve through the backdoor, what is against the rules. It has not appeared there, so it is out of order for him to talk about
it when we are considering the Votes and Proceedings.
Madam Speaker 11:40 a.m.
Yes, Hon Member, the Hon Deputy Minority Leader has quoted a section of the Orders which shows that if it is not seconded, it would not be recorded. That was what -- Is it another matter that you are raising -- [Interruption.]
Mr. Hodogbey 11:40 a.m.
Madam Speaker, the statement made by the Hon Deputy Minority Leader -- But my stand is, what is a proper dress code? [Inter-ruption.] --
Madam Speaker 11:40 a.m.
Yes, Hon Member, I still do not -- Is it another matter you are raising?
Mr. Hodogbey 11:40 a.m.
Madam Speaker, I think I will come properly at the right time.
Madam Speaker 11:40 a.m.
Right now, we are correcting the Official Report. Yes, Hon Members, we are correcting the Official Report.
Any corrections in the Official Report of 2nd December, 2009? [Pause].
Hon Members, in the absence of any corrections, the Official Report of Wednesday, 2nd December, 2009 is hereby adopted as the true record of proceedings.
Business Statement for the week, Hon Majority Leader.
BUSINESS OF THE HOUSE 11:40 a.m.
Majority Leader/Chairman of the Business Committee (Mr. A. S. K. Bagbin) 11:40 a.m.
Madam Speaker, I stand to present the Business Statement for the First Week of the First Meeting of the Second Session of the Fifth Parliament of Ghana ending Friday, 29th January, 2010.

Introduction

Madam Speaker, the Committee met yesterday, Thursday, 17th December, 2009 and arranged Business of the House for the First Week of the First Meeting of the Second Session ending Friday, 29th January, 2010.
Madam Speaker, the Committee accordingly submits its Report as follows 11:40 a.m.
Arrangement of Business
Question(s)
Madam Speaker, Questions may be asked of various Ministers during the week. The relevant Ministers expected to respond to Questions would be informed in due course.
Statements
Madam Speaker may allow Statements duly admitted to be made in the House.
Bills, Papers and Reports
Madam Speaker, Bills may be presented to the House for consideration and those already before the House may be taken through the various stages. Papers and committee reports may also be laid.
Motions and Resolutions
Madam Speaker, motions may be debated and thei r consequent ia l Resolutions, if any, taken during the week.
Outstanding Business
Madam Speaker, all outstanding Business of the House would be carried over to the next Session. However, Hon Members with Questions which they consider to have been overtaken by events may wish to withdraw such Questions by notifying the Table Office for appropriate action. Parliamentary Calendar
Madam Speaker, the Business Committee has prepared a proposed
Parliamentary Calendar for the year 2010. Madam Speaker, this calendar has been attached to the Business Statement for perusal of Hon Members.
Madam Speaker, the Business Committee wishes to express gratitude and appreciation to Madam Speaker and all Hon Members for their sterling performance during the Session.
Madam Speaker, the Committee wishes all of you a merry Christmas and a prosperous New Year.
Conclusion
Madam Speaker, in accordance with Standing Order 160 (2) and subject to Standing Order 53, the Committee submits to this Honourable House, the order in which the Business of the House shall be taken during the week.
Tuesday, 26th January 2010 Questions Statements Laying of Papers Motions Committee Sittings
Wednesday, 27th January 2010 Questions Statements Laying of Papers Motions Committee Sittings
Thursday, 28th January 2010 Questions Statements Laying of Papers Motions Committee Sittings
Friday, 29th January 2010 Questions Statements Laying of Papers Motions Committee Sittings
PARLIAMENTARY CALENDAR 11:40 a.m.
MEETING 11:40 a.m.
SITTINGS RECESS 11:40 a.m.
Madam Speaker 11:50 a.m.
Thank you Hon Majority Leader.
Yes, Hon Dr. Akoto Osei?
Dr. Anthony Akoto Osei 11:50 a.m.
Madam Speaker, I want to draw Leadership's attention to a problem that might not be able to be solved today, but maybe, they will think about it in the future.
Madam Speaker, as I look at the Calendar, this august House will be working for 28 weeks and recessing for 24 weeks. Madam Speaker, this last month, the stress on all Hon Members on Bills has been tremendous. I do not see how, if
this is our only job, so to speak, we should be recessing for 24 weeks and be stressed at the last week. So I want Leadership, and Madam Speaker, you in particular, to consider this Agenda properly. Twenty- four weeks of recess is a bit too much, especially when extraordinary pressure is put on us in the last month to do a lot of work. So, I think if it can be looked at properly, we might be able to adjust.
We know the difficulties we are having in trying to debate the Budget, for example. This year, maybe, two weeks at best, we spent debating a very important document for the year. So I think that some consideration ought to be given, particularly the recess, that we get to do for 12 weeks, some other things could be arranged so that work on the House can go on.
Mr. Kofi Frimpong 11:50 a.m.
Madam Speaker,
in his submission, the Leader is telling us that even when we are on recess, it is there that we work. It means that we are working 12 months a year, by four years, making 48 months. And all that I know is that every public servant has a vacation period every one year. Does it mean that Hon Members of Parliament do not deserve vacation? If we do, I want to know from the Hon Majority Leader, what he is doing about it for Members of Parliament because the work is so stressful?
Madam Speaker, in other jurisdictions, in other countries, at the end of each year, the Hon Member of Parliament, his wife and two children are given tickets to travel outside for vacation -- [Hear! Hear!] -- Madam Speaker, it is not in our case; and for once, I thought the Leader was going to tell us that when we are on recess, we are supposed to go and hide somewhere and recreate. But this time, the Leader is telling us to work 12 months a year, and 48 months for the period of four years without resting.
Madam Speaker, I wish to indulge you, to indulge the Leader to ensure that Hon Members of Parliament are also given vacation times to go and rest.
Madam Speaker, thank you.
Mr. Frederick Opare-Ansah 11:50 a.m.
Madam Speaker, I had actually risen on a point of order to my Hon Colleague who
was grossly misleading us.
Madam Speaker, as Minority Chief Whip, I have had several occasions to recommend for approval leaves of absence for the Hon Member -- [Laughter.] But now he is telling everybody that he never went on vacation. He is misleading the whole country. [Uproar.]
Madam Speaker noon
I will later on call on the Majority Leader to answer that but I can say that anything concerning your well-being, I am sure the Leader too will support me. It depends on you, Hon Member. If you want something, it is up to your House Committee to meet and decide it, is it not it?
Secondly, I could also reply that the leave of absence is never for vacation; I authorise it and it is always to go somewhere and do something. So that is the reply to him.
Hon Leader, I have tried. Maybe, you are going to answer them, it is up to you. They want tickets to travel.
Mr. Bagbin noon
Madam Speaker, the country will be having a second look at the provisions in the Constitution. If my good Friend can put up a strong case for some vacation for Hon Members, like all public servants and it is accepted by the good people of Ghana, it will be put into the Constitution.
As at now, these are the conditions that we have accepted to work under. In fact, you spent a lot of energy, time and money and other resources to get the mandate of your people to commit yourself to forty- eight months without vacation. I did not take that decision; you took that decision,
So I respectively want to request the Leadership to look at the distribution of Sittings and Recesses that are being proposed and see what might be done so that we can have a more even type of workload.
Madam Speaker, thank you.
Madam Speaker noon
Yes, Hon Majority Leader, a suggestion has been made, and I appreciate it. He said, maybe, we could not solve it today, but he is asking that we should look at it.
Mr. Bagbin noon
Madam Speaker, well, we actually took notice of this, but basically, if you go through the proposed Calendar, you will see that much of the recess is after the Second Meeting, and that is dictated mostly by our international commitments, where Parliament is called upon to participate in the activities of global parliamentary imperatives.
Unless we amend our Standing Orders, get the Speaker and the Deputy Speakers committed to some international assignments. So when we look at the Standing Orders, we may consider it, as it is done in other Parliaments pro tempore or Chairmen being called upon from time to time to preside, if that is what we have to do.
Again, the pressure on us is not caused by the Calendar; but it is because much of the business of Parliament comes from the Government, from the Executive. And by the lethargic nature of processes in the Public Service, there is some time spent in bringing the businesses, and that is why sometimes, we are compelled to have to look at these things within that period.
Madam Speaker, but equally important, is the period of recess where Hon Members are requested to go back to their constituencies and interact with their
Madam Speaker noon
Hon Leader, what is the House Committee for? As the Chairman, is it not to discuss your welfare?
Mr. Bagbin noon
Madam Speaker, the dictates of the Constitution prevent the House Committee from saying otherwise. The House Committee cannot grant holidays to Hon Members of Parliament. We cannot.
Madam Speaker noon
Well, over to you.
Mr. Isaac Osei noon
Madam Speaker, when the Majority Leader was speaking,
Mr. Bagbin noon
Madam Speaker, otilo means, let it pass. That is the end.
The next response to my Friend, Hon Dr. A. A. Osei is that the provision he referred to was decided by the good people of Ghana and that provision, as I said, cannot allow the House Committee to take that decision. It is not the House Committee exactly. The President, definitely, will set up the committee to look at it as part of the conditions of service. But I do not think that vacation is a privilege, I do not think so. It is not a privilege, it is a right, yes.
So, definitely, if that provision is reconsidered, the House Committee will have the opportunity of looking at such things. But whether we should look at our domestic commitments or international commitments, is a matter of a balanced game. Whether we should look at the personal interests or your communal interests, is a balanced game and that definitely, is worth considering. But some of the communal commitments are such that they need to be in place for you to survive in that community and be recognized as a human being, so it is for Parliament too.
That is why sometimes it is very difficult to ignore those commitments and he is very well aware as the former Minister for Finance and Economic Planning, that sometimes, the demand is for the Minister himself or herself to attend a particular international obligation, so it is for Parliament of Ghana. But it is worth considering and I think we have
done well in that direction. There are a lot of those commitments that we do not usually satisfy, we do not attend.
We have also squeezed Hon Members a lot to make sure that sometimes the day that the conference is ending is the day they leave to come back to Ghana, so that we do not spend extra money in keeping them in those countries. That is putting a lot of stress on Hon Members; it is something that we should consider as a country and as a Parliament.
Thank you very much for the opportunity.
Mr. Christopher Addae 12:10 p.m.
Madam Speaker, on an outstanding business, certain questions were not treated this Session and the Committee has recommended that Hon Members whose Questions were not treated may withdraw them. I just wanted to find out why those Questions should not be automatically rescheduled for the next Session, unless of course, Hon Members decide to withdraw them themselves.
Mr. Bagbin 12:10 p.m.
Madam Speaker, we have not asked Hon Members to withdraw them. It is clear on our outstanding business. What we put there is that, Madam Speaker, all outstanding businesses of the House will be carried over to the next Session. However, Hon Members with Questions, which they consider to have been overtaken by events, may wish to withdraw such Questions by notifying the Table Office for appropriate action. That is what we have recommended.
Madam Speaker 12:10 p.m.
Hon Members, the Business Statement as presented is adopted.
Dr. A.A. Osei 12:10 p.m.
Madam Speaker, the Majority Leader is telling us that it is the people of Ghana who have determined our conditions of service. That is not true. Madam Speaker, article 71 (1) places the responsibility on the President setting up a committee, the salaries and allowances payable and the facilities and privileges. The vacation he is talking about is a privilege and the President is mandated by article 71 to do that.
So it is the conditions of service, it is not the people of Ghana that determine these facilities and privileges. To tell us that the people of Ghana are going to determine whether or not we go on vacation, is entirely not correct; article 71 (1) tells us that that obligation is the responsibility of the President, on the recommendations of the committee of not more than five. So that is not the people of Ghana. He said it is the people of Ghana, but it is the President. It is the Constitution.
Madam Speaker, there is nothing here that says it is determined by the people of Ghana; it says by the President. So, please, Leadership should look at this article and see how --
Madam Speaker, the second point is, we know that in sixteen years, our international obligations have been imposing a certain constraint on how we operate it. So we need to revisit that and see which is more important; our domestic obligations or international obligations. We are representatives first and foremost Ghanaians. So if any international obligation appears to frustrate our work, it is up to us to look at it and see how we can make a case to change that so that we can primarily begin to address our internal constraints, and if you have excess time then do the international obligations.
Thank you.
I have admitted a Statement from the Minister for Youth and Sports and if he is here, he should read his Statement.
STATEMENTS 12:10 p.m.
Minister for Youth and Sports (Mr. Abdul-Rashid Pelpuo) 12:10 p.m.
Madam Speaker, thank you for this unique opportunity to present a brief Statement on the sale of the 2010 World Cup tickets to Ghanaians.
Madam Speaker, it is important because of the huge interest the sale of tickets has generated across the country. Ticket sales have already started, from 6th December,
2009.
As a participating member, FIFA has designed an allocation of tickets for Ghanaian supporters for matches in which Ghana competes.
The number of tickets allocated to Ghana for the Group matches are as follows:
1. Ghana vs Serbia -- 3,308 2. Ghana vs Australia -- 3,472 3. Ghana vs Germany -- 8,392
The number of tickets allocated is based on the capacity of the stadium where our matches would be played.
The Ghana Football Association has established a link on its website - www. ghana.org - with the caption “2010 (FIFA World Cup Tickets)” to enable supporters apply for tickets. There are two ways of applying for tickets:
Hand Ticket Application Form
(HTAF) --
This mode is designed for those who wish to pay for the tickets by bank transfer.
Mr. D. B. A. Nitiwul (NPP -- Bimbilla) 12:20 p.m.
Madam Speaker, I just rise to comment briefly on -- I do not know whether this is a Statement or an advertiser's announcement -- but I will categorise it under the latter.
Ghanaians outside the country or those who wish to purchase tickets using the payment card.
Supporters who wish to apply for tickets, using the HTAF should download the form and complete pages 9 and 10. The forms should then be submitted to the respective regional football association where the applicant resides.
These application forms should not be posted. The closing date for submission of forms is 10th January 2010. Bank transfer is the only method allowed under this category.
For those outside the country or those who wish to pay by payment card, they will need to create an account on the website and apply for the tickets. The closing date for application is 13th January,
2010.
Each household can request for tickets up to a maximum of four persons per match for a maximum of seven matches played by the member association.
In case of a specific match being over subscribed, tickets will be allocated via a random draw process to ensure that all applicants have an equal probability of being awarded tickets. The random draw will be handled by FIFA.
All applicants will be notified whether or not their applications have been successful within five days of the draw date of 18th January, 2010.
Successful applicants will be required to pay in full for the number of tickets applied for before 1st February, 2010 through a bank of their choice. Failure to do so will result in the cancellation of the offer. On receipt of the full payment, FIFA will issue an official ticket confirmation
Madam Speaker, I would have been more interested in the Hon Minister briefing us on the trip to South Africa, where two parallel committees were sent, one accredited by FIFA and the other sent by the Government of Ghana. But to come to the House and be reading an advertiser's statement about the Ghana Football Association (GFA) duties, I am simply at a loss --
Madam Speaker 12:20 p.m.
Hon Member, you may comment on the Statement. Please, do not go outside it and you have only three minutes left to comment on it.
rose
Madam Speaker 12:20 p.m.
Yes, two from either side.
rose
Madam Speaker 12:20 p.m.
Yes, one?
Mr. S. M. E. K. Ackah (NDC - Suaman) 12:20 p.m.
Madam Speaker, I want to thank the Hon Minister for bringing this information to the House.
I am saying so because I, as the Chairman of the Select Committee, undergo lots of pressure from Hon Members of Parliament asking me how many persons my Committee can send to

Madam Speaker, from what we have heard from the Hon Minister, it is not as easy as that to travel to South Africa to watch the World Cup. And if one wants to go, there are certain prerequisites that one has got to go through. One of them is to acquire this ticket that would give one access to the stadium, and that way, in supporting the Statement, I want to urge Hon Members to listen to what the Hon Minister has said and do the right thing.

That aside, Madam Speaker, there is a

package from the South African Embassy, as far as issuing visas, especially for the World Cup is concerned. But until one has acquired the ticket and that sort of thing, it will be very difficult for them to give one the visa. There is a way out. The South African Government and the Embassy have come to actually assure us. A workshop was organised at where we have the hockey pitch, and they told us at the workshop that when one acquires the ticket then there could be a way of giving one the visa.

So I will want Hon Members who are putting a lot of pressure -- With the challenge of financial constraints, it will be difficult to really sponsor all Hon Members who want to go to South Africa and we want to make sure that if they acquire the visa, then there could be

(TIME: 12.10 P.M.)
rose
Mr. Frimpong 12:20 p.m.
Madam Speaker, we are guided by the Standing Orders of the House. On which Orders was he coming from? Look at him standing up again. And if you ask him to quote the Order, which has brought him up, he cannot; we are guided by the Standing Orders in the House. That is what brings about the cacophony in the House.
I think that, especially the old ones, must be guided by the good book that guides us in this House, so that we shall have a free flow of debate in the House.
Madam Speaker 12:20 p.m.
Well, on this particular issue, I was under the impression that Hon Nitiwul had finished when he sat down. So when he got up, I did not ask him what point of order. I just called upon him. That is why I came back to Hon Nitiwul that -- I believe because he got up to say he had not finished. So the mistake comes from me. Well, the circumstances --
Thank you.
rose
Madam Speaker 12:20 p.m.
Yes, Hon Member? Two from each side.
Mr. Hackman Owusu-Agyemang (NPP -- New Juaben North) 12:20 p.m.
Madam Speaker, I thank you most sincerely for the opportunity and I think you did right to ask the Hon Minister to brief us because people were anxious. He has done so,
raise this issue of contempt of Parliament, which is provided for, first, in article 122 of the 1992 Constitution of the Republic of Ghana, and restated in our Standing Orders under Order 28.
I said, I am constrained because this complaint is in respect of events and occurrences on 9th December, 2009. In deference to the Presidency and out of respect for His Excellency the President of this country, we on this side of the House have availed ourselves of alternative approach to this matter and have, in fact, contacted the Presidency in what we might term “back room diplomacy” to see how this matter could be resolved. We are, however, constrained that on the last day of Sitting of this Parliament for this Meeting,we have no other alternative but to make this formal complaint.
Madam Speaker, these were because
first of all, President Thomas Jefferson, the 3rd President of the United States of America, who was President between 1801 and 1809, one of the great defenders of the right to freedom of expression did say that “One insult pocketed, soon produces another.'' The only thing that is more serious in Ghana is that, in these circumstances, it is not just one insult with the potential of producing another, but it is, in fact, a breach of the Constitution.
Madam Speaker, the Communications Director of the Presidency, Mr. Koku Anyidoho on City FM, a radio station, on the 9th of December, in a purported response to a statement that was made by the Hon Minority Chief Whip, did not only take on the Hon Minority Chief Whip, but referred to the Hon Minority Leader by name and went ahead to refer to the rest of the Minority among others as “a lot of irresponsible politicians”.
Madam Speaker, needless to say, such statements offend Order 30 (j) and (l) and Order 30 (2), which says and with your permission, I quote:
“Any act or omission which affronts
a way of supporting Hon Members so that, at least, there would be in-out for this journey.
I want to thank the Hon Minister and urge all Hon Members that once the tickets are in Ghana, they should go and purchase them, if they want to go to South Africa to watch the World Cup matches.
Madam Speaker 12:20 p.m.
I hear Hon Nitiwul did not finish his five (5) minutes.
Mr. Nitiwul 12:20 p.m.
Yes, Madam Speaker, I do not know what he is doing.
Madam Speaker 12:20 p.m.
No, you go on and you have three (3) minutes to comment on the Statement.
Mr. Nitiwul 12:20 p.m.
Thank you, Madam Speaker.
I said that we have 51 Bills and Motions to look at today. This could have easily been handled by either a press conference or an advertiser's statement; that is what I said. But if he comes to this House -- [Interruption.] Yes, ticket sales are important. Nobody says ticket sales are not important but if we have 51 Bills in Parliament today and he comes and reads an advertiser's statement -- [Interruption.]
Madam Speaker 12:20 p.m.
Hon Nitiwul, are you challenging my discretion to admit the Statement? [Pause.]
Thank you, Hon Member. I think your time is up.
rose
Madam Speaker 12:20 p.m.
Hon Member, are you going to contribute?
Mr. Kofi Frimpong 12:20 p.m.
Madam Speaker, I want to briefly comment on what the Hon Member did, Hon Ackah. I do not know
although we could not grasp the details immediately.
Furthermore, this is just for our information. There is nothing much we can do about it. It has been decided by FIFA, so with the utmost of respect, with due deference to you, Madam Speaker, and considering the number of motions that we have, maybe, what we can ask for is to rather circulate the document or we get it from the Hansard, get it from the press, and we will all understand it and go by it. This is because I see plenty of motions on here, so we can terminate this particular thing because no matter what we say, we cannot change the things and the fares and the rules.

Yesterday, for instance, we had to arrest a motion because the Hon Chairman was improperly dressed -- we had to arrest the motion and we must all go forward now. So I suggest, Madam Speaker, that we move on to the motions and then take this in our stride.
Madam Speaker 12:30 p.m.
Thank you. I said two from either side, so is there any comment on this side? No? All right.
Hon Members, Statements time is ended.
Mr. Ambrose P. Dery 12:30 p.m.
Madam Speaker, I crave your indulgence to come on Order 53(1)(l). This is after Statements, and I wish to raise an issue of complaint of contempt of Parliament.
Madam Speaker, I am constrained to
Madam Speaker 12:30 p.m.
Hon Members,
in accordance with Standing Order 31, I hereby direct that the matter be referred to the Committee of Privileges for consideration and report to the House.
Thank you.
Hon Majority Leader, shall we move on?
Mr. Bagbin 12:30 p.m.
Madam Speaker, we shall move on. We move straight to Public Business and I propose we go to the Motions.
I was told and it was confirmed this morning that Motion number 7 was moved but not seconded and I would want to propose that we start with it, which is on the Ministry of Information.
CONSIDERATION OF ANNUAL 12:30 p.m.
ESTIMATES 12:30 p.m.
Chairman of the Committee (Mr. Felix Twumasi-Appiah) 12:30 p.m.
Madam Speaker, I rise to second the motion of the Ministry of Information and in doing so, with your indulgence, present your Committee's Report [Interruption.].
Mr. Frederick Opare-Ansah 12:30 p.m.
On
a point of order. Madam Speaker, I refer to Order 81 and with your permission, I quote:
“Unless otherwise provided in these Orders, every motion unless made at the Second Reading or Consideration Stage of a Bill, must be seconded, and if not seconded shall not be debated or entered in the Votes and Proceedings.”
Madam Speaker, as a result, although yesterday the Hon Deputy Minister moved the motion on behalf of the Minister, you would find that in the Votes and Proceedings of yesterday, there was no reference made to this particular motion. So technically, the House has no motion before it, and it is my contention that the Hon Deputy Minister has to move the motion again for the Chairman to second it before we can proceed.
Mr. Kyei-Mensah-Bonsu 12:30 p.m.
Madam
Speaker, I believe the Hon Minority Chief Whip is right. Technically, there is nothing before the House. But I believe that given the exigencies of time, and in particular, recognizing what happened yesterday, I will seek your indulgence and that of the House, and of course, the leave of the Hon Minority Chief Whip, to allow for business to continue given the special circumstances of the day.
Ghana News Agency (GNA); and
National Film and Television Institute (NAFTI).
The Ministry also has oversight responsibilities over:
Ghana Publishing Corporation;
New Times Corporation;
The Graphic Communications Group Limited; and
GAMA Films Company Limited.
Madam Speaker, the vision of the Ministry of Information is to ensure “a free, united, informed and prosperous society with good governance through development communication.”
The Ministry exists to facilitate a two way, free flow of timely and reliable information and feedback between the Government and its various publics to develop a national communication policy, to co-ordinate, monitor and evaluate the implementation of programmes and activities of its agencies.
Madam Speaker, the objectives of the Ministry inter alia include 12:30 p.m.
strengthening institutional capacity for effective policy formulation and execution;
ensuring free flow of relevant public information in pursuance of the open government policy;
effective and efficient monitoring and evaluation of public responses to government policy, programmes and activities and provide timely feedback to government;
provision of human resource
Madam Speaker, I thank you. And he is right, that technically, there is nothing before the House.
Madam Speaker 12:30 p.m.
In which case, since the Hon Deputy Minister is here, can we not move it, and as Hon Twumasi- Appiah was seconding it, put it before the House?
Mr. E. K. D. Adjaho 12:30 p.m.
Madam Speaker, the Hon Minority Leader is right. Indeed, based on the point raised by the Hon Minority Chief Whip, but because it has not been seconded and therefore, not captured, the records will not be complete. For the purposes of the records not being complete, it will be important that the Hon Deputy Minister for Information moves the motion and it is seconded, so that we have a full report; otherwise, we will have a missing link somewhere along the line.
Madam Speaker 12:30 p.m.
That was the impression I got from the Hon Member. So since the Hon Deputy Minister is here, we give him permission to move the motion.
Deputy Minister for Information (Mr. S. Okudzeto-Ablakwa) (on behalf of Minister for Information): Madam Speaker, I beg to move, that this Honourable House approves the sum of GH¢35,122,834.00 for the services of the Ministry of Information for the 2010 fiscal year.
The Ministry of Information, Madam Speaker, consists of:
The Central Administration, which is its head office;
Information Services Department
(ISD);
Ghana Broadcasting Corporation
(GBC);
Chairman of the Committee (Mr. Felix Twumasi-Appiah) 12:30 p.m.
Madam Speaker, I beg to second the motion numbered 7, on page 2 of the Order Paper, that this Honourable House approves the sum of GH¢35,122,834.52 for the services of the Ministry of Information for the 2010 fiscal year. And by this, Madam Speaker, I wish to present your Report.
1.0 Introduction
1.1 The Annual Estimates of the Ministry of Information (MOI) were referred to the Select Committee on Communications for consideration and report in accordance with Orders 140 (4) and 182 of the Standing Orders of the House. This followed the presentation of the Budget Statement and Economic Policy of the Government for 2010 to the House by the Hon Minister for Finance and Economic Planning, Dr. Kwabena Duffuor on Wednesday, 18th November, 2009 in accordance with article 179 of the Constitution and Order 140 (1) of the Standing Orders of the House.
The Committee met on Tuesday, 8th December, 2009 to consider the referral. The Hon Minister for Information, Mrs. Zita Okaikoi accompanied by her two Deputies and officials from the Ministry and its asgencies attended the sitting. The sitting was also attended by officials from the Ministry of Finance and Economic Planning (MOFEP) and the Audit Service.
2.0 Reference Documents
i. Constitution of the Republic of Ghana, 1992;
ii. The Standing Orders of the Parliament of Ghana;
iii. The Budget Statement and Economic Po l icy o f the Government of Ghana for the 2010 Financial Year;
development programmes to facilitate increased efficiency in the media; and
projection of the image of the country, in collaboration with other government agencies to attract foreign investment in consonance wi th government po l icy of promoting social equity.
Madam Speaker, in 2009, this august House approved a total amount of forty- one million, two hundred and fifty-five thousand, two hundred and eight Ghana cedis (GH¢41,255,208) for the Ministry of Information.
This was made up of: fifteen million and twenty-seven thousand, one hundred Ghana cedis (GH¢15,027,100) from the Government of Ghana; fifteen million, four hundred and thirty-five thousand, eighty-six Ghana cedis (GH¢15,435,086) as Internally Generated Funds, and ten million, seven hundred and three thousand, twenty-two Ghana cedis (GH¢10,703,022) coming from donor funds.
This enabled the Ministry to undertake the following activities:
organizing our regular “Meet- the -Press” sessions and press conferences for MDAs;
embarking on regional and district tours to explain government policies and programmes;
discussing topical issues and government policies; and
e n s u r i n g t h a t t h e G h a n a Broadcasting Corporation was able to commence its Sony digitalization and mounted a publicity campaign on the 2009 Budget, the pre-mix
events including parliamentary hearings;
continue to organize the weekly Meet- the-Press sess ions for MDAs;S and
ensure that the Ghana Broadcasting Corporation is able to meet its 2010 deadline to migrate from its present analogue system to the digital system in consonance with ITU demands.
Madam Speaker, the Ministry of Information's approved budget for 2009, apart from personal emolument, was two million, three hundred and twenty-one thousand and fifty-four Ghana cedis
(GH¢2,321,054).
The Ghana Broadcasting Corporation is, for instance, requesting for a special investment to enable it complete a number of projects including the GBC Sony Project, replacement of some FM and TV transmitters and shortwave transmitters.
Madam Speaker, I respectfully move, that this august House approves an amount of thirty-five million, one hundred and twenty-two thousand, eight hundred and thirty-three Ghana cedis, fifty-two pesewas (GH¢35,122,833.00) for the Ministry of Information for the 2010 financial year, hoping that the Ministry will be considered in any Supplementary Budget by the Ministry of Finance and Economic Planning in the course of the financial year.
I beg to move.
Thank you.
SPACE FOR TABLE 12:40 p.m.
MR. FIRST DEPUTY SPEAKER
Nana Akomea (NPP -- Okaikoi South) 12:50 p.m.
Madam Speaker, I rise to support the motion to approve the sum for the Ministry of Information to perform its duties for the year 2010.
Madam Speaker, one feature that we have noticed as we deal with these estimates is that with nearly all the Ministries and the agencies that have come before us, we found out that the estimates are not enough for their needs and the Ministry of Information and its agencies also suffer from this inadequate budgeting that has afflicted nearly all the Ministries and agencies.
Looking at the Report of the Committee, the Ministry itself, the agencies under the Ministry, all of them have reported serious shortfalls in the budget allocation that has been made to them.
If you take the Ghana Broadcasting Corporation (GBC), for example, page 6 of the Report talks about how insufficient the Vote for Personal Emolument (PE) to GBC is. That, out of a requirement of GH¢14.2 million, GBC would be allocated only GH¢7.4 million for PE. It is the same for Administration for GBC; if you look at the other agencies like the National Film
Dr. A. A. Osei 12:50 p.m.
Mr. Speaker, I rise on a point of order. My Hon senior Colleague is saying that all these monies we are approving for the Deputy Minister -- He has to be very careful. This is not being approved for him, otherwise, he may get some ideas. This is being approved for his Ministry; please, it is not for him.
Nana Akomea 12:50 p.m.
Mr. Speaker, I said “for him” because he is here; but I mean for the Ministry. But it is worth repeating that we do not want to see any part of this money being used for activities that we have not approved -- [Interruption.] Mr. Chairman, you are threatening me? Let me have my say --
I am glad to see that today the Hon
Nana Akomea 12:50 p.m.


Hon Deputy Minister, please, take note and give us that pledge before we approve these monies for you.
Mr. Fritz F. Baffour (NDC -- Ablekuma South) 12:50 p.m.
Mr. Speaker, I rise to support the motion.
What my Hon Colleague on the other side has said is very true and we should take cognizance of the fact that Government has not put its money where its mouth is, when it comes to the Ministry of Information. That has been the trend over the years, whatever political polarity we belong to.
The GBC is capable of generating enough funds to be able to pay its way out of any problems. It is about innovation; it is about being able to sort out, give themselves a proper strategic plan that will effect the mandate for the people of Ghana -- to inform, to educate and also to give people an insight into the workings of this society that we want to promote and advance.
When we talk about NAFTI, it is an educational institution; it has no peer on this continent. People travel far and wide to come to NAFTI; yet despite its great reputation, it is not manifested in value and we have to do these things.
When it comes to the Information Services Department (ISD), in the olden days, it used to be something that people used to wait for and the times have not changed. People now even want more information and it is not there for us.
GNA -- we the members of the Select Committee on Communications visited
GNA and despite its wonderful name, again, the facilities there are abysmal.
Therefore, we have to realize that if we are going to inform the people of Ghana, educate them and use that Ministry to be able to do that then we have to do something better than that. It has to be about looking at the possibilities, the financial, strategic and operational possibilities that can make these things turn over for themselves. So I would like to agree with my Hon Colleague on the other side that whatever he has said is true and worth thinking about.
I support the motion and I believe that all of you should do so.
Mr. Joe Baidoe-Ansah (NPP Effia Kwesimintsim) 1 p.m.
Mr. Speaker, I rise to support the motion and make a few observations.
Mr. Speaker, GBC is currently handling a project, that is its migration from analogue to digital -- a very laudable project, a project that we should all encourage because there is a time limit to when the migration should be completed. But Mr. Speaker, in this budget, very little money is voted for -- Actually, there is no money for it. I suggest that the Ministry of Finance and Economic Planning sets aside a sizeable amount of money for this project.
But before then I am recommending that since it is a project that has something to do with communications, a committee be set up, that should include the Ministry of Communications, Ministry of Information, the National Media Commission and some members of the parliamentary committee to be able to monitor and also take a concrete decision on the way to migrate.
Mr. Speaker, I am saying this because
rose
Mr. First Deputy Speaker 1 p.m.
Hon Chairman of the Committee, do you have a point of order?
Mr. Twumasi-Appiah 1 p.m.
Yes, Mr. Speaker, I have a point of order.
I think my Hon Colleague is misleading this House. Indeed, I heard that communique. What the Ministry sought to do was not to examine content of GBC. He himself, my Hon Colleague, has raised issues as to the monies given to GBC and what they use them for.
In this same budget that we are debating now, in our report, monies have been allocated to GBC, and it is only fair and proper that we ask questions about the money that was given to them to telecast football matches, programmes by the President and even on this same House -- to what extent have they utilised those monies?
So, what the Ministry sought to do was not to examine or dictate content to GBC, but to ask to what extent the moneys that were allocated to them in the 2009 fiscal year, have been utilised. I think it is in order, and let us allow the Ministry to do their own work.
Mr. First Deputy Speaker 1 p.m.
Hon Chairman, that is a point of clarification; it is not a point of order.
Mr. Baidoe-Ansah 1 p.m.
Mr. Speaker, when we talk about content of the media, we are asking whether the Ministry of
Mr. Joseph Y. Chireh 1 p.m.
Mr. Speaker, I rise on a point of order. The point of order is that the Hon Member who was on his feet is misleading the whole nation and making categorical statements, when indeed, under section 19 of the National Media Commission Act, the President can invoke that article to have his programmes of development, what he does, even by other media houses, not to talk about State media alone. The President acts through the Hon Minister for Information or anybody who handles it.
I am also again saying that it is not right to say this categorically because if you are the Hon Minister for Information, and you are coming to move a motion to approve a budget for agencies under you and you cannot find out -- this was not to take over the duties of the National Media Commission. Therefore, please, it is not right to say that one cannot ask why the President's programme cannot be broadcast.
Nana Akomea 1 p.m.
Mr. Speaker, the matter is a very simple one. If the Government votes money to GBC to build a structure and GBC does not build it, Government would have to ask GBC why the structure has not been built because structure cannot be interpreted as content. But if Government gives GBC money to show the President's activity, it is a project but it is also content because it is something that is going to be broadcast on air.
So what the Hon Member is urging the Hon Minister, on the abundance of caution, is that in such instances, he should work through the National Media Commission so that he does not put himself into this. That is all that the Hon Member is saying.
Mr. First Deputy Speaker 1 p.m.
Hon Member, thank you very much for helping the House. I entirely agree with you.
Mr. Baidoe-Ansah 1 p.m.
Mr. Speaker, I would also want to urge the Minister, in fact, encourage them to be in charge of the Ministry. We have a situation where the third quarter report of the Ministry was sent to your Committee but today, they are denying that they know about the report that was sent to the Committee. Because in the report, they had talked about giving moneys to serial callers -- phone calls. As a result of that nobody owned up to that report. That report was not supposed to -- [Interruption.]
rose
Mr. First Deputy Speaker 1 p.m.
Hon Chairman of the Committee?
Mr. Twumasi-Appiah 1 p.m.
Mr. Speaker, indeed, a report was sent to us as a Committee. And nowhere in that report does it state that moneys were paid to serial callers. I want the Hon Colleague to show me in the report, that I believe he has a copy, as an Hon Member of the Committee, because I have a copy before me, where is it mentioned that moneys -- [Interruptions.] -- So, you do have a copy and you were -- So, substantiate it. He alleged, so he should prove it. He should show me in the report that he claims he has. [Uproar.]
Mr. First Deputy Speaker 1:10 p.m.
Hon Members, order. I think the report that you are talking about is not here now for us to verify the truth or otherwise of the matter. You have made your comment, he has denied, let us leave it at that and proceed.
Mr. Baidoe-Ansah 1:10 p.m.
Mr. Speaker, what I am saying is that they should be in charge of the Ministry, because a report cannot come from the Ministry to the Committee for the Ministers to deny that they know nothing about the report. For
Mr. J. K. Gidisu 1:10 p.m.
On a point of order. Mr. Speaker, it is, indeed, heart-warming that he is cautioning the Ministry. But making that allegation of payment to serial callers, if he cannot show documentary proof, he should withdraw the Statement and let us continue.
Mr. Baidoe-Ansah 1:10 p.m.
Mr. Speaker, I am saying that for a report to come to the august --
Mr. First Deputy Speaker 1:10 p.m.
Hon Member, the Hon Minister for Roads and Highways is saying that since you do not have the report to substantiate the allegation, you should withdraw that statement. What do you say?
Mr. Baidoe-Ansah 1:10 p.m.
Mr. Speaker, I think it is not fair to me because of your ruling, or else -- [Interruptions.] You made a ruling on it that we should carry on -- [Interruption.] Well. He said he has got a copy, and let him bring it now because I have a copy. Mr. Speaker, I have a copy. Before you now, is a statement that I do not have mine here; but his statement also holds. He says he has got his copy here. So it is before you; the two opinions are before you. He said he has got it here and I said I do not have it here. But let him bring his copy and let me show it to you, because we are two before --
Mr. First Deputy Speaker 1:10 p.m.
Hon Member, two of you made contradictory statements and none of you has at the time that you made the statements, given me any document to go one way or the other. But the basic rule is that, if you make an allegation, you must be able to substantiate it. At that time, I do not take part in the debate; at the time that the Hon Chairman made the comments, he did not call for
Information has any right to tell GBC to air the President's speech at the United Nations. Do they have that power? They do not. So they cannot even question it. They cannot question it. Content? What
GBC -- 1:10 p.m.
Mr. First Deputy Speaker 1:10 p.m.
Hon Member, the point being made is that if resources are given to GBC to carry out particular assignments and those assignments have not been done properly, can anybody ask them why they have not done those assignments properly? That is the way I understood what he was saying. In terms of the money, in terms of the resources to do a particular job.
But Hon Members, let us veer away from this matter. I know that it is a very vexed area. Every Hon Minister for Information and everybody who has been on the National Media Commission has been confronted.I think there should be an opportunity for us to define the roles very clearly.
Hon Member, kindly continue.
Mr. Baidoe-Ansah 1:10 p.m.
Mr. Speaker, what I am saying is very clear. They have no power to talk about the content of -- it is Parliament that is allocating monies to the Ministry. Parliament is allocating money to GBC through the Ministry.
rose
Mr. First Deputy Speaker 1:10 p.m.
Hon Minister for Local Government and Rural Development?
Mr. Baidoe-Ansah 1:10 p.m.
Mr. Speaker, I am ready to substantiate. Mr. Speaker, the Chairman of the Committee has just informed you that it is true there is a report that the Ministers claim they did not bring to the Committee. That is the report --
Mr. First Deputy Speaker 1:10 p.m.
Hon Member, the Hon Chairman said “there might be a report”; those were the words he used.
But Hon Member on the floor, kindly continue and conclude your submission.
Mr. Baidoe-Ansah 1:10 p.m.
Mr. Speaker, on the restructuring of GBC, I believe that it is a very important project, a project that has got the final document that the consultants submitted and it is important that we take its implementation seriously.
Mr. Speaker, we are talking about a report that would re-focus GBC to ensure that it reaches its mission and I would urge the National Media Commission (NMC) and the parliamentary committee to ensure that this project goes through before we even look at either raising GBC licensing fee or whatever we would do to ensure that GBC becomes the GBC we want.
Thank you very much, Mr. Speaker.
Hon Minority Chief Whip, very, very brief.
Mr. Frederick Opare-Ansah (NPP -- Suhum) 1:10 p.m.
Mr. Speaker, in brief, I would like to support the motion on the floor and in doing so, make a few comments.
Mr. Speaker, we are being asked to approve the budget of the Ministry of Information. Mr. Speaker, when the Committee sat and had a look at the amount of money that we are being asked to approve for the Ministry, one thing became evident and it is with regard to the dwindling vote that is going to this important Ministry.
Mr. Speaker, in 2008, the Ministry h a d a b u d g e t a r y a l l o c a t i o n o f GH¢47,941,603.00. In 2009, this amount came down by approximately GH¢6 million to GH¢41,225,208.00. Mr. Speaker, in 2010, the amount of money is going down by a further GH¢6 million to
GH¢35,122,833.00.
Mr. Speaker, as an engineer, if I stretch my imagination and extrapolate this data, then in about six years from today, the Ministry of Information would have no budgetary allocation. At the rate that this budgetary allocation is going down, in six years, it would be down to zero.
Mr. Speaker, it is, therefore, not surprising that in 2008, the Ministry was able to organise 30 weekly “Meet-the- Press” series for Ministries, Departments and Agencies (MDAs), whereas in 2009, only 12 of such meetings were organised.
Mr. Speaker, the only things which have changed at this Ministry are the politicians and I do not want to believe that it is the intention of the political head of this Ministry to make Ghanaians uninformed. Because the Bible says at Hosea 4:6, that “. . . for lack of knowledge my people perish”.
In fact Mr. Speaker, some versions of the Bible say that “. . . my people are
Mr. Twumasi-Appiah 1:10 p.m.
Mr. Speaker, with your indulgence, I wish to correct the figure in my Report and I beg that the figure be captured as GH¢35,122,834.00.
Mr. First Deputy 1:10 p.m.
The Hansard Department should take note accordingly.
Mr. Okudzeto-Ablakwa 1:10 p.m.
Mr. Speaker I wish to convey the gratitude of my boss, the Hon Minster for the support our motion has received from this august House.
rose
Mr. First Deputy Speaker 1:10 p.m.
I want the Hon Deputy Minister to continue because permission was sought for him to move the motion.
Nana Akomea 1:10 p.m.
Mr. Speaker, just on
that point. The permission was sought because we were told that, number one, the Minister had travelled, and two, she was not well. Yesterday, she was at some function reading the “first lesson”. Mr. Speaker, we have to take these things seriously. That is my point. We were told that she had travelled and she was not well and there she was reading the “first lesson” at some church service.
That is my point, that we need to take these things seriously.
Mr. Gbediame 1:10 p.m.
Mr. Speaker, yesterday, the information given was that, one, she was outside Accra, and two, she was not well. If somebody is outside
destroyed for lack of knowledge”. I do not want to believe that, the political heads of the Ministry of Information want to destroy Ghanaians by preventing them from having information that would make them knowledgeable.
Mr. Speaker, we give these Votes to the Ministry for them to inform us factually and truthfully. I recall an incident in the middle of the year when the story about the Presidential jet came. Mr. Speaker, everybody who spoke for the Government, from the President's Director of Communications, through his Spokesperson, to all the Ministers at the Ministry of Information denied the story, only for the Minister for Defence who is not responsible for information to come out and confirm the story.
Mr. Speaker, we want to remind the Minister for Information that we are giving this money to them so that they can oil their information machinery to appropriately and factually and truthfully inform Ghanaians.
Finally, Mr. Speaker, on the digitization programme at GBC, the Committee discussed that they should work in conjunction and collaboration with the Ministry of Communications since the National Communications Authority, which is the custodian of the nation's frequency spectrum, works under that Ministry, to see how they can help them raise the requisite funding to be able to undertake this programme successfully. We would, therefore, like to remind the Hon Minister to take that initiative and approach the Ministry of Communications to start that collaborative effort.
Mr. Speaker, with these few words, I support the motion.
Mr. First Deputy Speaker 1:20 p.m.
Hon Deputy Minster for Information, if you want to wind up, very briefly. But before
Mr. First Deputy Speaker 1:20 p.m.
Hon Members, I think when a certain excuse is given to this House, it must be very factual and be very, very consistent. So if somewhere along the line, it is claimed that they saw her on television and all those things, I think that this should not happen again.
Hon Deputy Minister, kindly go ahead and do the winding up.
Mr. Okudzeto-Ablakwa 1:20 p.m.
Mr. Speaker, I wish to assure this House that the Hon Minister for Information will never lie to this House and that indeed -- [Uproar] -- the Minister for Information was in the Ashanti Region. She arrived yesternight. The Chief Executives in the Ashanti Region can confirm this. She was at a programme. She told me this morning that since I started by moving this motion, and it was a continuous exercise, I should come and continue with it.
Mr. Speaker, in winding up, I wish to assure the House that the matter of TV licence is being seriously looked at by Government. Cabinet is presently considering an upward adjustment and these concerns would be factored in.
rose
Mr. First Deputy Speaker 1:20 p.m.
Hon Members, I have given some direction. I made a categorical statement on this matter and that should be sufficient. So let the Hon Deputy Minister --
Hon Members, in the first instance, permission was sought for the Deputy Minister to move this motion and the House, as a House, agreed. Now, certain information has come but be that as it may, I gave a certain direction and that direction should be enough for the House and it is very clear. It is very, very clear.
You would remember tha t -- [Interruption] -- that was yesterday. The permission was sought yesterday and not today. The permission was sought yesterday; he actually moved the motion yesterday but because there were some developments and that motion had difficulties or challenges, the motion was stood down. So let us leave it there. Let us move and hear the Hon Deputy Minister for Information.
Hon Minority Leader --
Mr. Kyei-Mensah-Bonsu 1:20 p.m.
Mr. Speaker, you have given a direction and I think that we should be taking a cue from what you have said. But the truth is, the Deputy Minister said that he sought permission of this House, the House indulged him, he did what he could, but he himself realized, yesterday's event amounted to nothingness, which is why he had to start from the scratch today.
So if he had sufficiently briefed the Hon Minister, she would have informed herself that he was not going to continue but to start and if he was going to start, then perhaps, she herself would have availed herself of this House. Maybe, there was some miscommunication. Let us agree, but we agree that some impropriety has occurred. But as I said, given the circumstances of the times and
in line with your own direction, and not minded to run against your own direction, we will accommodate the Hon Deputy Minister but certainly, what is happening is not the best.
Mr. Okudzeto-Ablakwa 1:20 p.m.
Mr. Speaker, I wish to thank Hon Members for their indulgence and their insightful contributions to our motion.
I wish to also state that the Ministry of Information has never given any money to any serial caller and we will never do that. Indeed, the document that is being referred to, does not even have serial callers in it. It talks about phone-ins. It is a fathom document which we are still investigating.
On that note, Mr. Speaker, I wish to accordingly ask this Honourable House to approve the sum of GH¢35,122,834 for the services of the Ministry of Information.
Mr. Kyei-Mensah-Bonsu 1:30 p.m.
Mr. Speaker, I do not want to believe that the Hon Deputy Minister for Information wants to take this House on a track that may be very slippery for him. He tells us that there is in existence a phantom document, purportedly coming from his Ministry. I do not want to believe that he had said so; if he has, he must then avail the document to this House. He must avail it to this House, but we will still grant him space for the motion to be taken. It will have to come to this House so that we will all help in investigating the fanthomness or otherwise of that document.
Mr. First Deputy Speaker 1:30 p.m.
Hon Minority Leader, thank you very much. Let us make progress on this matter. I think that what he said will be taken on board.
Question put and motion agreed to.
Resolved:
That this Honourable House approves the sum of GH¢35,122,834.00 for the services of the Ministry of Information for the 2010 fiscal year.
rose
Mr. First Deputy Speaker 1:30 p.m.
Hon Members, what I intend doing is that, let us quickly take those three motions standing in the name of the Ministry of Finance and Economic Planning, then we can have the Appropriation Bill laid. Because the Hon Members who are involved in the Appropriation Bill are the same Hon Members who are involved in those three motions. So let us quickly take those three motions, and then we can go back to the laying of Papers.
Hon Member, is the point of order against the Chair?
Mr. Akyea 1:30 p.m.
Mr. Speaker, yes. [Interruption.] Mr. Speaker, not against the Chair, but it is a very consequential matter flowing from where my --
Mr. First Deputy Speaker 1:30 p.m.
Hon
Member, we have passed there, and I think that the matter is squarely in the hands of Leadership, and they will manage it.
Mr. Akyea 1:30 p.m.
Mr. Speaker, I wanted to --
Mr. First Deputy Speaker 1:30 p.m.
Hon
Member, it is in the hands of Leadership. The Hon Minority Leader has spoken and given a certain direction, and I think that it would be taken up by Leadership at the appropriate time.
Mr. Akyea 1:30 p.m.
Mr. Speaker, very well, I am grateful to you.
Mr. First Deputy Speaker 1:30 p.m.
Thank you too.
Hon Members, item 8, Hon Deputy Majority Chief Whip, is that correct?
Mr. Gbediame 1:30 p.m.
Mr. Speaker, that is
correct.
Mr. First Deputy Speaker 1:30 p.m.
Very well, Hon Minister for Finance and Economic Planning, item 8 -
Mr. Gbediame 1:30 p.m.
Mr. Speaker, may I crave your indulgence to permit the Hon Deputy Minister to move the motion on behalf of the Hon Minister for Finance and Economic Planning and also to crave the indulgence of Hon Members to allow him to move the motion.
Mr. Kyei-Mensah-Bonsu 1:30 p.m.
Mr. Speaker, that is acceptable.
Mr. First Deputy Speaker 1:30 p.m.
Thank you.
Hon Deputy Minister for Finance and Economic Planning, item number 8 on the Order Paper.
Hon Members, I think we have to be as brief as possible. I am in consultation with Leadership on this matter. Hon Deputy Minister that also goes for you.
ANNUAL ESTIMATES 1:30 p.m.
Majority Leader) 1:30 p.m.
Mr. Speaker, I beg to second the motion and in doing so, present your Committee's Report.
1.0 Introduction
The Minister for Finance and Economic Planning presented the Budget Statement and Economic Policy of the Government for the year ending 31st December 2010 to the House on Wednesday, 18th November, 2009 in accordance with article 179 of the 1992 Constitution.
Pursuant to Order 140 (4) of the Standing Orders of the House, the Speaker referred the draft annual budget estimates for the Commission on Human Rights and Administrative Justice (CHRAJ) to the Special Budget Committee for consideration and report.
The Commit tee met wi th the Commissioner of CHRAJ, and officials from the Commission and the Ministry of Finance and Economic Planning and discussed the draft budget estimates. The Committee acknowledges the input of the Commissioner and other officials and wishes to extend its appreciation to the said officers who attended upon the Committee.
2.0 Reference Documents
The following documents were referred to:
The 1992 Constitution of the Republic of Ghana.
The Standing Orders of the
workshops organized towards the review of the Whistleblowers Amendment Bill , the Public Officers Liability Bill and the Assets Declaration Regulation.
4.2 Human Rights
organized over 2,500 human rights education programmes in rural communities, schools and civil society;
Monitored activities in 295 public schools, 87 health institutions, 123 communities and six slums, 81 prayer camps, three witches camps, 17 trokosi shrines, 25 prisons and prison camps, and 471 police cells.
4.3 Administrative Justice
About 3,200 complaints on alleged administrative injustice were investigated and recommendations made.
5.0 Outlook for 2010
For the year 2010, the Commission intends to pursue the underlisted activities among others:
the Commission will continue the education and dissemination of information on women access to rights and entitlement and the right of persons with disability;
the Commission will continue to investigate complaints of human rights violations, abuse of office, unfair treatment by public officers, corruption, conflicts of interest and breaches of code of conduct;
build public capacity and enhance systems for fighting corruption. This effort will principally hinge on the development of National Anti- Corruption Plan;
the Commission intends to focus its administrative Justice mandate to reducing arbitrariness in the exercise of discretionary power entrusted to public officials in
Parliament of Ghana.
The Budget Statement and Economic Policy of the Government of Ghana for the 2010 Financial Year.
The Budget Statement and Economic Policy of the Government of Ghana for the 2009 Financial Year.
3.0 Mandate of the Commission
The mandate of CHRAJ includes:
invest igat ing complaints of violations of fundamental human rights and freedoms, administrative i n j u s t i c e , a l l i n s t a n c e s o f alleged or suspected corruption, misappropriation of public funds by officials and breaches of Code of conduct for public officials; and
educating the public on their fundamental human rights and freedoms, in order to create a free, just and equitable society.
4.0 Performance in 2009
Some of the activities carried out by the Commission in 2009 have been broadly categorized into three areas;
4.1 Anti-corruption
Developed a generic code of conduct for public officers in collaboration with key government institutions.
Led the process for developing a national anti-corruption action plan. The working group to assist with the preparation of the NACAP was accordingly commissioned;
Dr. A. A. Osei 1:30 p.m.
Mr. Speaker, there is a fundamental problem. This Report does not match with the motion that we are being asked to approve. The amount I heard him read is not what is in the motion. So, I do not know like the previous case, there has to be some corrections. We cannot move to accept the Committee's Report and adopt the motion.
Mr. First Deputy Speaker 1:30 p.m.
Hon Member, at the end of the debate, we will find out the true figure, but I believe that the Chairman should give us the -- we have one on the Order Paper --
Dr. A. A. Osei 1:30 p.m.
Mr. Speaker, you said there would be no debate, and I am saying there has to be a debate because there is a problem with the numbers --
Mr. First Deputy Speaker 1:30 p.m.
Hon
Member, I agree with you, so the Chairman of the Committee should tell us. Chairman, there is -- Hon Member for Old Tafo, you know, I always reconcile the two figures -- [Interruption] -- yes. I agree with you.
Hon Chairman, there is a problem, your figure is different from the one advertised on the Order Paper, item number 8 on the Order Paper.
Prof. Gyan-Baffour 1:30 p.m.
Mr. Speaker, I think the figure should be the one that is in the motion; that is in item number 8.
MDAs; and
the Commission will also intensify its public education programmes and also monitor the state of human rights in the country.
6.0 Estimates for 2010
To enable the Commission implement its activities for 2010, an amount of GH¢7,966,476 has been allocated to the Commission. The breakdown is as follows:
7.0 Observations and Recommendations
7.1 Inadequate Funding
The Committee observed that CHRAJ per the constitutional arrangement performs three distinct functions -- a human rights institution, an Ombudsman and an anti-corruption and ethics Commission. Unfortunately, funding to the Commission does not reflect the above tripartite role. The service vote for the Commission for 2008 was GH¢ 129,600, GH¢142, 135 for 2009 and GH¢1, 573,045 for 2010. Though the 2010 figure represents a substantial increase from the 2009 allocation, the amount is still inadequate for a combination of the tree functions.
the Commission should be permitted to recruit some core staff and experts to help in the smooth and efficient discharge of its constitutional mandate.
7.3 Non Release of 2009 Allocation
The Committee noted that MOFEP allocated an amount of GH¢142, 635 for investment activities (Item 4) of CHRAJ in 2009. However, MOFEP failed to release the amount to the Commission for its investment activities during the year.
The administration Vote for September to December and the service vote for August to December were also not released. This means that most of the planned activities of the Commission could not be carried out.
The Committee wishes to urge MOFEP to ensure that budgets approved by Parliament for MDAs and IGIs are released and on a timely manner.
8.0 Conclusion
The Commit tee , a f te r carefu l examination of the draft estimates, accordingly recommends to the House to approve the sum of seven million, nine hundred and sixty-six thousand, four hundred and seventy-six Ghana cedis (GH¢7,966,476) for the Commission on Human Rights and Administrative Justice for the 2010 financial year.
Respectfully submitted.
Question proposed. Dr. A. A. Osei -- rose --
Mr. First Deputy Speaker 1:30 p.m.
Will you speak? Are you speaking because we

Space for Table 2010 and 2009

(TIME: 1.30 P.M.)
Prof. J. Y. Gyan-Baffour (on behalf of Chairman of the Committee) 1:30 p.m.
Mr. Speaker, I beg to second the motion number 9, that this Honourable House approves the sum of GH¢8,625,708.00 for the services of the National Commission for Civic Education (NCCE) for the 2010 fiscal year.
Mr. Speaker, in doing so, I would like to present your Committee's Report.
1.0 Introduction
The Minister for Finance and Economic Planning presented the Budget Statement and Economic Policy of the Government for the year ending 31st December 2010 to the House on Wednesday, 18th November 2009 in accordance with article 179 of the 1992 Constitution.
Pursuant to Order 140 (4) of the Standing Orders of the House, the Speaker referred the draft annual budget estimates for the National Commission for Civic Education (NCCE) to the Special Budget Committee for consideration and report.
The Committee met with the Chairman and members of the Commission and officials from NCCE and the Ministry of Finance and Economic Planning and discussed the said estimates. The Committee extends its gratitude to the Chairman and members of the Commission for appearing before the Committee.
2.0 Reference Documents
The Committee referred to the following documents:
The 1992 Constitution of the Republic of Ghana
The Standing Orders of the Parliament of Ghana
Mr. First Deputy Speaker 1:30 p.m.
Very well, so would you amend your Committee's Report, so that the Hansard Department would capture the correct figure?
Prof. Gyan-Baffour 1:30 p.m.
Mr. Speaker, we will do so.
Mr. First Deputy Speaker 1:30 p.m.
Hon Members, I am going to put the Question. There is not so much controversy apart from the fact that the Hon Member for Old Tafo has drawn our attention to --
Question put and motion agreed to.
Resolved:
That this Honourable House approves the sum of GH¢7,579,504.00 for the services of the Commission on Human Rights and Administrative Justice for the 2010 financial year.
ANNUAL ESTIMATES 1:40 p.m.
SPACE FOR COMPARATIVE 1:40 p.m.
TABLE 1:40 p.m.
ANNUAL ESTIMATES 1:40 p.m.
Prof. G. Y. Gyan-Baffour (on behalf of Chairman of the Committee) 1:40 p.m.
Mr. Speaker, I beg to second the motion that this House approves the sum of GH¢31,132,348 for the services of the Audit Service for the 2010 fiscal year.
per cent from GH¢126,838 in 2009 to GH¢1,850,000 in 2010.
The Committee hopes with such an increase in service allocation, the Commission would intensify efforts to increase public knowledge on their civic responsibilities.
Further, in view of the large numbers of spoilt ballots registered during the December 2008 General Elections, the Commission should intensify its public education programmes so as to reduce the incidence of spoilt ballots in the upcoming District Assembly Elections.
The Committee also noted with satisfaction the elaborate plan of the NCCE to educate the public on the upcoming population census and urged MOFEP to release funds early for the Commission to start this exercise.
though Item 4 for 2009 was not released
by MOFEP, only GH¢633,600 has been allocated for the same Item (Investment) for 2010.
The Committee urges NCCE to vigorously pursue MOFEP for clearance by obtaining a commencement certificate for work on the office complex to start. The Committee further urges MOFEP to endeavour to release the Commission's Item 4 for its investment activities.
7.3 Emoluments for Members and Staff
The Committee noted that the
conditions of service for the Chairman and Deputy Chairpersons of the Commission are analogous to that of Justices of the Court of Appeal and the High Court respectively. The conditions of service for other members of the Commission are analogous to conditions of service for Circuit Court Judges.
The Committee was informed that whereas the conditions of service for the Chairman and Deputy Chairpersons have been pegged at their respective levels, the
conditions of service for other members of the Commission lag behind conditions available to Circuit Court Judges.
The Committee was further informed that there were disparities in the conditions of service for staff of the NCCE and their colleagues at the EC. According to the Commission, this disparity is causing disaffection among its staff.
The Committee urges MOFEP and NCCE to critically study the conditions of service for members and staff of the Commission and to take appropriate measures to remedy disparities that may exist.
7.4 Public Education
The Committee observed that a number of organizations are undertaking public education campaigns on various issues. Some of these campaigns sometimes overlap leading to duplication of effort and an unco-ordinated delivery. Some of these organizations include NCCE, EC, Information Services Department, IRS, among others.
The Committee, therefore, wishes to recommend that these institutions should consider assigning their educational programmes to the NCCE to reduce duplication of functions and ensure value for money.
8.0 Conclusion
The Commit tee , a f te r carefu l examination of the draft estimates, accordingly recommends to the House to approve the sum of eight million, six hundred and twenty-five thousand, seven hundred and eight Ghana cedis (GH¢8,625,708) for the National

(TIME: 1.40 P.M.)
Mr. Gbediame 1:40 p.m.
Mr. Speaker, I want to crave your indulgence to allow the Hon Minister for Roads and Highways to lay it on behalf of the Hon Minister for Food and Agriculture.
Mr. Kyei-Mensah-Bonsu 1:40 p.m.
Mr. Speaker, I think that should be acceptable but I believe the Hon Minister, upon laying the document, if he is called upon to explain what it means, he would be able to tell us.
Mr. First Deputy Speaker 1:40 p.m.
Hon Minority Leader, I hope it will not get there.
BILLS -- FIRST READING 1:40 p.m.
Mr. First Deputy Speaker 1:40 p.m.
The Committee should also determine whether the Bill is of an urgent nature to be taken through all the stages in one day in accordance with Standing Order 119 of this Hon House.
Centre for Urban Transportation Bill, 2009
An Act to establish the Centre for Urban Transportation to serve as a centre
the Audit Service requested for an amount of GH¢46,382,552, a figure of GH¢31,132,348 appeared in the Budget Statement. The figure GH¢46,382,552 includes a donor figure of GH¢890,000. H.E. the President submitted the request of the Audit Service to Parliament without comment.
9.1 Personal Emolument
An examination of the figures by the Committee showed that the Audit Service required an amount of GH¢20,264,502 to enable it cater for the salaries of existing staff and for the recruitment of 290 additional staff.
The Committee recognizes the urgent need for the Service to augment its staff strength to enable it cope with the expansion of its mandate in terms of coverage. It is the view of the Committee that the Service should adopt a gradual approach in its recruitment drive. The Committee is, therefore, recommending that the Service should start with 150 additional staff this year.
9.2 Administration Vote The Committee noted that the proposed 15 per cent increase from the current 20 per
cent is on the high side. It is the view of the Committee that the expansion should also be gradual. The Committee is therefore, recommending that the Service may consider a
target of 25 per cent for this year given the resource constraint. The Committee was assured that the amount of GH¢1,750,000 would be sufficient for the 25 per cent audit coverage for 2010.
The Committee, therefore, recommends an amount of GH¢1,750,000 for Item 3.
10.0 Conclusion
The Committee, after a careful
examination of the draft estimates, accordingly recommends to the House for approval, the sum of thirty-one million, one hundred and thirty-two thousand, three hundred and forty-eight Ghana cedis (GH¢31,132,348) for the Audit Service for the 2010 financial year.
Respectfully submitted.
Question put and motion agreed to. Resolved:
That this Honourable House approves the sum of GH¢31,132,348.00 for the services of the Audit Service for the 2010 fiscal year.
Mr. First Deputy Speaker 1:50 p.m.
Hon Members, in terms of Standing Order 40(3) and looking at the nature of business, we intend to Sit beyond the prescribed period.
Mr. Kyei-Mensah-Bonsu 1:50 p.m.
Mr. Speaker, I know we are hard pressed for time but I thought that if a motion was moved and seconded, it should be for the consideration of the House. That was not done, so I do not know whether it would be considered.
Mr. First Deputy Speaker 1:50 p.m.
Yes, you

(TIME: 1.40 P.M.)

of expertise in urban transportation and provide know-how for the conduct of research into urban transportation, provide technical assistance and knowledge on urban transport to policy- makers and for related matters.

Presented by the Minister for Local Government and Rural Development. Read the First time; referred to the joint committee of Local Government and Rural Development and Roads and Transport.
Mr. First Deputy Speaker 1:50 p.m.
They should also determine whether it is an urgent Bill in accordance with Standing Order 119.
Item 5(c).
Mr. Gbediame 1:50 p.m.
Mr. Speaker, as was done early on, I want to crave your indulgence to allow the Deputy Minister for Finance and Economic Planning to lay the Paper on behalf of his Minister.
Mr. Kyei-Minsah-Bonsu 1:50 p.m.
It is consequential.
Mr. First Deputy Speaker 1:50 p.m.
Very well.
The Appropriation Bill (No. 2),
2009
An Act to provide for the withdrawal of sums of money necessary to meet Government expenditure for the 2010 financial year from the Consolidated Fund and from other funds to provide for related matters.
Presented by the Deputy Minister for Finance and Economic Planning (Mr. Seth Terkpeh) (on behalf of the Minister for Finance and Economic Planning). Read the First time; referred to the committee on Finance.
Mr. First Deputy Speaker 1:50 p.m.
They should also determine whether it is an urgent Bill in line with Standing Order
119 of the Standing Orders.
Hon Members, thank you very much.
We go back to item 6 -- Laying of Papers --
PAPERS 1:50 p.m.
Mr. First Deputy Speaker 1:50 p.m.
6 (b).
Mr. Kyei-Mensah-Bonsu 1:50 p.m.
Mr. Speaker, may I crave your indulgence and that of the House to lay this Report on behalf of the Chairman of the Appointments Committee, who is your goodself?
By the Minority Leader (on behalf of the chairman of the committee). --
S i x t e e n t h R e p o r t o f t h e Appointments Committee on the President's nominations for Deputy Ministerial appointments.
Mr. Gbediame 1:50 p.m.
Mr. Speaker, (c) (i) is ready but (c) (ii) is yet to be taken.
Dr. A. A. Osei 1:50 p.m.
Mr. Speaker, with
respect, (c) (i) cannot be ready. The Bill was laid yesterday; the Committee has not met. Let us do the proper thing and come back. The Committee has not met; it has been withdrawn. The old one has been withdrawn and we need to consider the new one.
Mr. First Deputy Speaker 1:50 p.m.
Hon
Members, when you go to consider the Appropriation Bill, consider it even though it is consequential. And so we defer the laying of (c) (i) and (ii)
By the chairman of the committee --
Report of the Joint Committee on Local Government and Rural Development and Roads and Transport on the Centre for Urban Transportation Bill, 2009.
Mr. First Deputy Speaker 1:50 p.m.
All right. So we now go to item 11. Is that right?
Mr. Gbediame 1:50 p.m.
Yes, Mr. Speaker.
Mr. Kyei-Mensah-Bonsu 1:50 p.m.
Mr. Speaker, consequentially, I want to crave your indulgence and that of the House to move this motion on behalf of your goodself.
MOTIONS 1:50 p.m.
Mr. Kyei-Mensah-Bonsu (on behalf of the Chairman) 1:50 p.m.
Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Sixteenth Report of the Appointments Committee on the President‘s nominations for Deputy Ministerial appointment may be moved today.
Mr. S. Atta Akyea (NPP -- Akim Abuakwa South) 2 p.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.

Sixteenth Report of the Appointments Committee on the President's

Nominations for Deputy Ministerial Appointments
Mr. Kyei-Mensah-Bonsu (on behalf of the Chairman) 2 p.m.
Mr. Speaker, I beg to move, that this Honourable House adopts the 16th Report of the Appointments Committee on the President's nominations for Deputy Ministerial Appointments.
Mr. Speaker, I do so by presenting the Report of the Appointments Committee on the President's nominee for appointment as Deputy Minister for Health. Mr. Speaker --
Mr. First Deputy Speaker 2 p.m.
Hon Minority Leader, have you got the corrected version? There were some typographical errors in the other one.
Mr. Kyei-Mensah-Bonsu 2 p.m.
Yes, Mr. Speaker.
Mr. First Deputy Speaker 2 p.m.
Have you got the corrected one?
Mr. Kyei-Mensah-Bonsu 2 p.m.
Mr. Speaker, I can make do with this.
Mr. First Deputy Speaker 2 p.m.
Very well.
Mr. Kyei-Mensah-Bonsu 2 p.m.
Mr. Speaker, I crave your indulgence to present your Committee's Report.
1.0 Introduction
Mr. Kyei-Mensah-Bonsu 2 p.m.
In accordance with Order 172 (2) of the Standing Orders of the House, the nomination was referred to the Appointments Committee for consideration and report.
The name of the nominee was subsequently published in the media in accordance with Standing Order 172 (3). Memoranda were also invited from the public as part of the mechanism to ensure that the nominee satisfies the requirements of the Constitution.
2.0 Reference Documents
The Committee referred to and was guided by the following documents during deliberations on the above mentioned nominee:
i. The 1992 Constitution of the Republic of Ghana
ii. The Standing Orders of the Parliament of Ghana
iii. The Curriculum Vitae of the nominee
3.0 Procedure
In line with the procedure of the Committee, the nominee took the oath of a witness. He also answered questions on issues ranging from records of his office, experience, and the position to which he has been nominated through to general matters of national concern.
4.0 Observations and Recommendations
4.1 Memoranda from the Public
The Committee set out to consider any memoranda that might have been received from the public subsequent to the advertisements placed in the media. It turned out that no memoranda had been received.
4.2 Dr. Nii Oakley Quaye-Kumah -- Deputy Minister-designate
Background
Dr. Nii Oakley Quaye-Kumah was born on 26th September 1959. He had his primary education at the University Primary School, Legon in Accra from 1965 to 1974. Afterwards, he continued at the Presbyterian Boys Secondary and Science College, Legon and Accra High School, all in Accra for his ‘O' and ‘A' Level education.
He obtained his MVSc, DVM Veterinary Medicine from the Ukraine Agricultural Academy, Kiev-Ukraine in
1989.
Between 1993 and 1999, he worked as a Surgeon and Pathologist at the Veterinary Services Department. He later established the Beach Road Animal Hospital at Nungua in1999 where he has been practising till he entered Parliament in 2009.
He has held several positions including the Vice President of the Ghana Private Veterinary Medical Association and is a member of the Association of Academy of Scientists, USSR. He has been a Board Member of the Electricity Corporation of Ghana from July 2009 to date.
He i s the current Member of Parliament for Krowor Constituency in the Greater Accra Region. He serves on
this virus have a shorter shelf-life. He said the only way one can contract the disease is by coming in contact with pigs. Where a person is diagnosed of swine flu, he/she must be treated immediately and vaccinated to help prevent future contracting of the disease.
He, however, indicated that the best way of preventing this disease is by properly cooking or frying pork. He added that in Ghana, meat is usually properly boiled or fried hence reducing the risk of contracting the flu. He, however, warned that those who grill the pork should take extreme care to ensure that the meat is properly done before serving it. This will go a long way to reduce the risk of contracting and spreading the disease.
Placing Veterinary Services under the Ministry of Health
On a question of whether the Veterinary Service should be placed under the Ministry of Health, the nominee indicated that the Veterinary Services can perform as expected irrespective of which Ministry it is placed under.
He said the major problem facing the Veterinary Services is lack of resources.
He informed Members that the Service was placed under the Ministry of Food and Agriculture because of the significant role it plays in the agricultural sector. Agriculture is the backbone of the economy and as such Government believes that by placing it under the Ministry of Food and Agriculture, it will support the livestock industry. Unfortunately, most of the policies, programmes and activities of the Ministry of Food and Agriculture for which resources are allocated are all not in the areas of Veterinary Services.
The Ministry mainly concentrates
the Parliamentary Committee on Health.
The Committee was unhappy about the information provided by the nominee on his Curriculum Vitae (CV) when he appeared before it. Members indicated that the information as provided was insufficient and inadequate. There were also some gaps in the CV. The Committee therefore requested the nominee to resubmit his C.V. The nominee has since complied with this request.
Health Service Delivery at the Rural Areas
The nominee informed the Committee that doctors are reluctant to go to the rural areas because they are not well motivated. The existing hospitals and clinics in the meantime recognizably are not enough to meet the increasing population in these areas. He said Government, as a policy, has decided to expand the health infrastructure and equip them in order to help address this concern.
He also said there is the need to make practising as a doctor in the rural areas attractive. He indicated that rural based doctors should be given special incentives including opportunities for post-graduate studies and special remuneration among others. He was of the view that if these packages are put in place, it will go a long way to help staff the hospitals/clinics in the rural areas and to reduce the brain drain that the health sector has been experiencing.
Swine Flu (H1N1 Influenza Virus)
Dr. Quaye-Kumah informed the Committee that swine flu is a virus which is transmitted from pigs to humans. He said the virus mutates and the method of treating it varies from country to country. Furthermore, the vaccines used to treat

on crop production. For this reason, the Service lacks the relevant resources and funding to equip them to function properly.

He said for the Service to function well, there is the need to properly resource it both financially and in respect of logistics.

Conflict Resolution

On how he will handle a conflict

situation between himself and his boss (the Minister) over a policy issue that may undermine the country's health policy, the nominee informed the Committee that he will approach his Minister and put across his concerns. He said through this they would be able to iron out their differences.

He continued that in the event where this fails, he will further seek the assistance of other experienced people to talk to him on the issue. He, however, indicated that the issue is a delicate one and therefore, he would have to handle it in a diplomatic way.

Fake and Expired Drugs

Dr. Quaye-Kumah informed the Committee that one of the difficulties facing the Veterinary Services in the country currently is the presence of fake drugs. Another problem he also identified was the issue of expired drugs being sold on the market. He said there is the need to whip up the Food and Drugs Board to ensure that these drugs are taken off the market since it is the Institution's mandate to do so.

He agreed with the suggestion that there is the need for a synergy between the Ministry and Food and Drugs Board to help ensure that the chemical sellers do not take advantage of their locations and sell inferior/fake drugs to consumers.

Treatment for Rabies

On the treatment of rabies, the nominee indicated that the practices where patients suffering from dog bites are given the rabies vaccines is not the best. He said not all dog bites infect people with rabies. He explained that a situation where rabies' treatment is given to a patient not suffering from rabies could lead to a lot of complications including infecting the patient with rabies.

He advised that the dog in question should be quarantined and that a 2-day quarantine period is respected before the rabies' treatment is given. Where the dog is certified not to have rabies, then the normal treatment should be administered.

He, however, indicated that where the dog in question is a stray dog and cannot be quarantined, then rabies' treatment can be given instantly.

Recommendation

The Committee recommends by consensus that the House approves of the nomination of Dr. Nii Oakley Quaye- Kumah as a Deputy Minster for Health.

5.0 Conclusion

The Appointments Committee has carried out its duty diligently in accordance with the Constitution and the Standing Orders of this House in respect of Dr. Nii Oakley Quaye-Kumah.

After the hearing process, the Committee retreated to deliberate on the eligibility, qualifications and competence of the nominee. After a careful analysis, the Committee is satisfied that the nominee has met the requirements of the 1992 Constitution of the Republic of Ghana.

The Committee, therefore, recommends by consensus his nomination to the House for approval.

Respectfully submitted.
Dr. Kofi Asare (NPP -- Akwatia) 2 p.m.
Mr. Speaker, I beg to second the motion.
Mr. Speaker, if the 16th Report of the Appointments Committee of His Excellency the President's nominee for Appointment as Deputy Minister for Health captures exactly what happened there, then there are some factual things that must be corrected.
The Ministry of Health, Hon Speaker, is a very sensitive Ministry and we should not allow factual mistakes. They will cause chaos and panic in this country.
In the Report “Swine Flu (H1N1 Influenza virus)” -- there are very factual things that must be corrected and I think the Hon Deputy Minister going to that Ministry should ensure that whatever he says are factually right, otherwise, we will be having a lot of commotion in this country.
One, the vaccine is not used to treat, it is a preventive measure, we are trying to prevent. Two, that the disease is contracted by coming in contact with pork. [Interruptions.] The second paragraph gives the indication that you must eat pork before you get the disease, that is not true. I believe my Muslim brothers who went on the Hajj and had it, did not in any way come near pigs and the disease is not contracted by coming into contact with pigs.
The number of children in Ghana who had their schools closed down did not eat pork. They did not come in contact with pigs. So I think these are very factual things that the Hon Deputy Minister should not be saying. If it is a true reflection of what happened, then he has got his facts wrong. I will beg him
that anytime he is going to speak, he must ensure that he has his facts right, especially about this swine flu. It is causing a lot of havoc; people are scared and we should not compound that by giving them the wrong information that when you come into contact with pigs, you get the disease.
The disease is airborne, that is why we advise those who have it to be quarantined, to be kept in their homes. You remember the school children, they were confined to their homes so that they will not spread it. It was not spread by pigs. So, please, the Hon Deputy Minister-designate, next time, if he gets the approval, he must get his facts right and not leash on Ghanaians wrong information.
Question proposed.
Mr. S.A. Akyea (NPP Akim Abuakwa South) 2 p.m.
Mr. Speaker, I thank you for the opportunity and I must say that when people appear before the Appointments Committee, it is not for the purpose of just trying to get the nod but it is also to let the whole nation know whether they are ready to stand in the office that the President has proposed.
I must say that there were a lot of problems and it had got to do with curriculum vitae and how certain dates could not connect and all that.
What was very, very interesting, which I believe I want to underline, but not to rub it in as it were, is the fact that it became apparent that when you take an oath before such an important Committee and there is a contradiction in material in particular, it amounts to perjury. But what was very good that I want to say is that, the Hon Chairman of the Committee was very statesman like and the nominee --
The nominee really impressed me that he was awfully sorry, I am quoting
Mr. First Deputy Speaker 2 p.m.
Hon Members, I would like to put the Question and I believe that all the sentiments expressed on the floor are very legitimate sentiments. I Chaired that proceedings and all the sentiments that they have expressed are very legitimate.
Question put and motion agreed to.
Resolved accordingly.
Mr. First Deputy Speaker 2 p.m.
The motion is duly carried. The Committee's Report is adopted and we only wish the Hon Member very well and when he gets to the Ministry, he should be more meticulous.
Hon Majority Leader, what have you agreed on to take?
Mr. Gbediame 2 p.m.
Mr. Speaker, we move to motion numbered 13, on page 3.
Report of the Finance Committee on request for waiver of tax
liability in respect of development of E-Government
Infrastructure Project
Chairman of the Committee (Mr. J. K. Avedzi) 2 p.m.
Mr. Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the request for waiver of tax liability on equipment/ materials to be imported or purchased locally in respect of the development of the National E-Government Infrastructure Project.
Mr. Speaker, in doing so, I present your Committee's Report.
1.0 Introduction
The request for waiver of tax liability on equipment/materials to be imported or purchased locally in respect of the development of the National E-Government Infrastructure Project was laid in the House on Friday ,11th December, 2009 and referred to the Finance Committee for consideration and report in accordance with article 174 (2) of the Constitution and Standing Orders of the House.
To consider the request, the Committee met with the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh and a technical team from the Ministry of Finance and Economic Planning and the Ministry of Communications and reports as follows:
2.0 Background
The Government of Ghana is deploying an e-Government Network aimed at ensuring the development of broadband
connectivity to link all district capitals to the national high speed broadband and for the expansion of other components of government less communication infrastructure.
T h e p r o j e c t i n v o l v e s t h e supply, installation test-running and commissioning on a turnkey basis equipment and infrastructure to embark on an e-Governance Platform project and ensure maximization of the national interconnection network.
The Government of Ghana sourced funding amounting to US$30 million from the Export-Import Bank of China and Societé Generale, Beijing to undertake this project.
Mr. Speaker, you would recall that on Friday, 14th November, 2008, the House approved the Credit Agreement between the Government of Ghana and the Export-Import Bank of China and Societé Generale, Beijing for an amount of US$30 million for the development of the National e-Government Infrastructure project.
As part of the conditions of the loan, taxes and duties on materials/equipment to be imported or purchased locally for the execution of the project are required to be waived.
3.0 Scope of the Project
The scope of the project, taking into account the national fibre-optic backbone, covers the following Metropolitan, Municipal, and District Assemblies:
i Accra ii. Bolgatanga iii Cape Coast iv Ho v Koforidua vi Konongo vii Kumasi viii Nkawkaw
ix Obuasi x Sunyani xi Sekondi-Takoradi xii Tamale xiii Tarkwa xiv Techiman xv Tema xvi Wa
All other districts would be connected to the fibre backbone via a leased circuit. At the district capitals, a WiMAX last mile access solution would be deployed to connect all government agencies, hospitals and schools. 4.1 Project Duration
The project would be implemented within a period of twenty-four (24) months. 5.0 Total Tax Liability
The total amount of taxes required to be waived is four million, six hundred and twenty-one thousand, seven hundred and twenty-four United States dollars
(US$4,621,724.00).
The breakdown is as follows: [Attached as Appendix is an official
assessment of the relevant taxes and duties by the Customs, Excise and Preventive Service (CEPS).] 6.0 Observations
The Committee observed that the objectives of the e-Government project include:
i. facilitation of fiber capillarity to sub-distr ict centers in addition to district capitals to support massive deployment of ICT nationwide on a reliable and scalable e-Government platform;
ii. development of a comprehensive shared services platform for applications and solutions covering specific business services including financial m a n a g e m e n t , l o g i s t i c s management and supply chain management;
Mr. First Deputy Speaker 2 p.m.
Hon Chairman, who is your Vice Chairman?
Mr. Avedzi 2 p.m.
Mr. Speaker, my Vice Chairman is Hon W. Alfred Abayateye.
Mr. First Deputy Speaker 2 p.m.
Is he in
the meeting?
Mr. Avedzi 2 p.m.
No, he is not there.
Mr. First Deputy Speaker 2 p.m.
All right. Then kindly because the Ranking Member is raising some concerns which I believe are legitimate.
Dr. A. A. Osei 2 p.m.
Mr. Speaker, the Finance Committee has just been called to a meeting and the Chairman has been called here to come and move a motion. So none of us would be able to speak on a motion that concerns the Finance Committee. [Interruption]. All of us --
Mr. Avedzi 2 p.m.
Mr. Speaker, this is a tax
waiver which is not controversial, so the decision at the committee meeting was that he the Ranking Member -- We were looking for him to come and chair the meeting while I move this motion because we have approved the loans already and they are only tax waivers. So that is not controversial. But he was nowhere to be found.
Dr. A. A. Osei 2 p.m.
Mr. Speaker, I do not like this description of where I was. We have been advertised to meet in the parliamentary office building. My team and I have been in the parliamentary office building only to be told that the meeting is here, and now, he is saying that he asked for us and he could not find us.
I think if he wants to do the proper thing, we should talk about it but he should not send me there and then come here and tell me he cannot find me and then he moves a motion and he expects us to
contribute. There is a way to go about these things.
2. 20 p.m.
Mr. First Deputy Speaker 2 p.m.
Hon Members, I think the point being raised by the Ranking Member is legitimate. Somebody must chair the committee meeting. But I have also taken note that a lot of motions on this Order Paper are also in the name of the Chairman of the Finance Committee. I think there should be certain arrangements between the Chairman and the Ranking Member of the Committee. I Chair the Appointments Committee, so when I was coming to take the Chair, I made an arrangement with my Ranking Member to move the Committee's Report on my behalf. It moved on smoothly and the Hon Majority Leader also did the same thing with the Hon Member for Wenchi and it also moved on smoothly.
I think that as members of the Committee, when we find ourselves in this difficulty, we should always come to a certain agreement so that business of the House does not suffer. So what do we do? Because the Appropriation Bill is very important, so what do we do?
Dr. A. A. Osei 2 p.m.
Mr. Speaker, I agree with you but even on these terms, the Hon Minister himself who is supposed to meet the Finance Committee has to be here. So why are we there, when every key person is here? We need to decide with -- if you want the Chairman to move it, then the Committee needs to be called back.
Mr. First Deputy Speaker 2 p.m.
Those that are not controversial, can we not get the Deputy Ranking Member and members of the Committee?
Dr. A. A. Osei 2 p.m.
Mr. Speaker, we cannot meet when the Hon Minister is not here because he is the only person to speak on the issues that we are going to meet on.
Mr. First Deputy Speaker 2 p.m.
Hon Members, we can have a solution to this problem. Hon Ranking Member, I think we can get one member each of the Committee on Finance from both sides of the House holding the fort while
you go and look at the Appropriation Bill and then those matters that ought to be moved by the Hon Minister, if they are not controversial, we can allow any other Minister ,who is here to move those motions on his behalf.
Dr. A. A. Osei 2 p.m.
Mr. Speaker, I think that is a fair way to go, so we can get one of our committee members to hold the fort and the Chairman and I can go and look at the Appropriation Bill. The Hon Deputy Minister can stay here because I understand the Hon Minister is there, so that business can continue. I will ask for your indulgence to ask one of the members to Sit here for us.
Mr. First Deputy Speaker 2 p.m.
Hon Deputy Minister for Finance and Economic Planning, kindly talk to the Clerk to Parliament, he will give you information.
Let us proceed.
Mr. Avedzi 2 p.m.
Mr. Speaker, once we have started with this one, if we can finish with it.
Mr. First Deputy Speaker 2 p.m.
Yes, I agree.
Mr. Avedzi 2 p.m.
Mr. Speaker, an Operations and Maintenance, Training and Technology Transfer Plan (O&MTTTP) has been built into the project. The O&MTTTP is to train a team of Ghanaian engineers and managers who will further learn on the job and be monitored by a team of Huawei Technology engineers for a one-year period after the commissioning of the system to ensure smooth transition to a competent local operations and management team.
The Committee observed that the implementation of the e-Government Network project will help accelerate progress towards the achievement of the goals of ubiquitous availability of e-Government services in all parts of the country.
6.0 Conclusion
The Committee, having satisfied itself
Dr. A. A. Osei 2 p.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
RESOLUTIONS 2 p.m.
Dr. A. A. Osei 2 p.m.
Mr. Speaker, I beg to second the motion.
Mr. Frederick Opare-Ansah 2 p.m.
Mr. Speaker, as you are aware, Resolutions are very, very important --
Mr. First Deputy Speaker 2 p.m.
Hon
Member, I agree with you that Resolutions are very, very important and word has
got to me, that is why I made an order 3749 Waiver of Tax Liability 18 December, 2009 in Respect of E-Govt., et cetera
Mr. Opare-Ansah 2 p.m.
Mr. Speaker, you are saying that in relation to all the numbers --
Mr. First Deputy Speaker 2 p.m.
Hon Member, I know that Resolutions are very, very important, I agree with you --
Mr. Opare-Ansah 2 p.m.
Mr. Speaker, you are reassuring us that in relation to all the numbers that --
Mr. First Deputy Speaker 2 p.m.
Yes. [Laughter.]
Mr. Opare-Ansah 2 p.m.
Thank you, Mr. Speaker.
Mr. Kyei-Mensah-Bonsu 2 p.m.
Mr. Speaker, I thank you for your appreciation but I believe we all know that this path is thronged with thorns and thistles; Mr. Speaker, you know that?
Mr. First Deputy Speaker 2 p.m.
Hon Minority Leader, I have been involved in that process.
I know, on behalf of Madam Speaker, I have been involved in that process.
Mr. Kyei-Mensah-Bonsu 2 p.m.
I know you know, so we proceed on the path of thorns and thistles.
Mr. First Deputy Speaker 2 p.m.
In fact, we have removed the thorns and thistles. [Laughter.]
Question put and motion agreed to.
Resolved accordingly.
Mr. Gbediame 2 p.m.
Mr. Speaker, we have the Communication (Amendment) Bill; it is very short so I will crave your indulgence -- we want to release the Finance people to go and --[Interruption.]
Dr. A. A. Osei 2 p.m.
Please, look at Motion
15.
Mr. Gbediame 2 p.m.
All right. Mr. Speaker, we will take item 15.
Waiver of Tax Liability in respect of ICT-Enabled Distance Education Project at the University of Ghana
Chairman of the Committee (Mr. J. K. Avedzi) 2 p.m.
Mr. Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the request for waiver of tax liability on equipment/materials to be imported or purchased locally in respect of the establishment of ICT-Enabled Distance Education Project at the University of Ghana, and in doing so, I present your Committee's Report.
1.0 Introduction
The request for waiver of taxes and duties totalling US$1,327,124.00 on equipment/ materials in respect of the development of the National E-Government Infrastructure Project was laid in the House on Friday, 11th December, 2009 and referred to the Finance Committee for consideration and report in accordance with article 174 (2) of the Constitution and the Standing Orders of the House.
To consider the waiver request, the Committee met with the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh and a technical team from the Ministry of Finance and Economic Planning and reports as follows:
2.0 Background It is a global challenge to make higher
education widely accessible and cost- effective, while maintaining quality, in the face of growing demand and limited financial resources. Efforts to address this challenge have spurned innovative strategies and these include open universities, e-learning and virtual education among others. Dual mode universities are emerging in response to needs of both on-campus and off-campus learners.
Information and Communication Technology (ICT) has become an important enabling factor driving these developments.
T h e G o v e r n m e n t o f G h a n a ,
Chairman of the Committee (Mr. J. K. Avedzi) 2 p.m.
Space for Table Tax Assessment Form

(TIME: 1.50 P.M.)

in consonance with the Millennium Development Goals (MDGs) and the Ghana Poverty Reduction Strategy (GPRS) has given prominence to education and the development of human capital as a key driver in achieving development goals.

Due to these concerns, the National ICT Development Policy has been developed to help engineer an ICT-led socio-economic development process with the potential of transforming the country into a middle income country.

The University of Ghana has a strategic plan, which is consistent with the global and national agenda, and it is aimed at developing world-class human resources and capacity to meet national development needs and global challenges through quality teaching, learning and knowledge dissemination.

In the light of this, the Government of Ghana has sourced this credit facility from the Government of China through the Export-Import Bank of China for an amount of RMB 58,000,000 (equivalent to US$8,195,000) to establish an ICT- Enabled Distance Education Project at the University of Ghana to be executed by Tsinghua Unisplendour Software Systems Corporation Limited of China.

Mr. Speaker would recall that on Tuesday 4th November, 2008, the House approved the Credit Agreement between the Government of Ghana and the People's Republic of China acting through the Export-Import Bank of China for an amount of RMB 58,000,000 (equivalent to US$8,195,000 for the establishment of ICT-Enabled Distance Education project at the University of Ghana.

As part of the conditions of the loan, taxes and duties applicable in the country on materials imported or procured locally for the implementation of the project are required to be waived. 3.0 Scope of the Project

The scope of the project involves the following:

Development of information based teaching network in the University

of Ghana;

Installation of technical network on campus, the researching/training offices and education centres;

Development of web based software for managers, teachers/researchers and students to reach distance teaching - learning;

Provision of network tuition software of Tsinghua University and Chinese learning network sharing system; and Build a software platform to achieve digital environment.

3.1 Project Duration

The project would be implemented within a period of twenty-four (24) months.

4.0 Total Liability

The total amount of taxes to be waived is US$1,327,124. The breakdown is as follows:

5.0 Observations

The Committee was informed that the objectives of the project include among others:

equipping the distance education management center;

extending and reconstructing the current internet centre;

equipping a multi-function ICTD computer laboratory with the fol- lowing contents --

student computer rooms

multimedia computer room data inpurt computer room WIFL laboratory

upgrading and erxtending the cur- rent internet by changing the current ADSL connection to optical fibre system and connect the faculties and research centres.

The technical team informed the Committee that the project would help to address the challenges of inadequate infrastructure in order to facilitate the meeting of strategic policy objectives (via equitable access, quality and management efficiency).

The Deputy Minister for Finance and Economic Planning, Hon. Seth Terkpeh informed the Committee that under the project, an effective video conferencing facility would be provided to enhance networking for capacity building of not only students but also staff, as well as pro- viding a platform for building a database

for educational resources.

The Committee noted that the project has an e-readiness platform to link up with the proposed national e-Education network of the Ministry of Education for enhancing the distance education policy objectiv e of the university.

The Committee was also informed that under the project, a state of the art communication and network infrastructure would be constructed at the University of Ghana to enhance an efficient e-Education delivery mode on campus and prepare the platform for lunching Distance Educa- tion. The contractors for the project are Tsinghua Unislendour Software Systems Corporation Limited of China.

6.0 Conclusion

The Committee, after satisfying it- self with the benefits to be derived from the project, respectfully recommends the House to approve the Request for
Dr. A.A. Osei 2:30 p.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Mr. Hackman Owusu-Agyemang 2:30 p.m.
Mr. Speaker, I know you are fast-tracking a whole lot of things, but at the moment, you did not even give me an opportunity to do anything about it when you put the motion for the consideration of the House, and you went ahead to put the Question.
Mr. First Deputy Speaker 2:30 p.m.
Hon Member, I did say it. I did it.
Mr. Owusu-Agyemang 2:30 p.m.
I know that you can fast-track but the speed is too much, it is “supersonic” speed.
Mr. First Deputy Speaker 2:30 p.m.
Very well, the Chair has taken note.
RESOLUTION 2:30 p.m.
Dr. A. A. Osei 2:30 p.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
Mr. Gbediame 2:30 p.m.
Mr. Speaker, let us take motion numbered 17, on page 7.
Mr. First Deputy Speaker 2:30 p.m.
Hon
Deputy Majority Whip, when are you going to consider the Appropriation Bill?
I think there was a certain understanding that if you can get one Hon Member each from the Finance Committee on both sides here then we can transact business, or you want us to take that motion numbered 17 then they can go?
Mr. Gbediame 2:30 p.m.
Mr. Speaker, that is rightly so, because it would just take about five minutes.
Mr. First Deputy Speaker 2:30 p.m.
Very well.
Mr. J. K. Avedzi 2:30 p.m.
Mr. Speaker, the Report is not currently here, so we will step it down for now.
Mr. First Deputy Speaker 2:30 p.m.
Which Report?
Mr. Avedzi 2:30 p.m.
The Report on motion 17 on the double taxation.
Mr. First Deputy Speaker 2:30 p.m.
I have a copy of the Report here, so Hon Chairman, what are you telling the House? I have a copy here. In fact, this is Madam Speaker's copy. [Interruption.] The Report has been laid. Do you have a copy?
Mr. Avedzi 2:30 p.m.
Mr. Speaker, I do not have a copy here to present.
Mr. First Deputy Speaker 2:30 p.m.
If you do not have a copy, say that you do not have a copy and do not say that we do not have copies. But I have seen that it is a very short Report and a very small matter.
Dr. A.A. Osei 2:30 p.m.
Mr. Speaker, we would crave your indulgence because it is not so serious, we can come back from our meeting and then quickly go to do the Appropriation Bill.
Mr. First Deputy Speaker 2:30 p.m.
Very well. Item 17 is deferred accordingly.
Mr. Gbediame 2:30 p.m.
Mr. Speaker, let us take item 19.
Mr. First Deputy Speaker 2:30 p.m.
Item 19,
Hon Minister for Communications?
MOTIONS 2:30 p.m.
Minister for Communications (Mr. Haruna Iddrisu) 2:30 p.m.
Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128 (1) which require that when a Bill has been read a Second time, it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Electronic Communications (Amendment) Bill, 2009 may be taken today.
Mr. Felix Twumasi-Appiah 2:30 p.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
BILLS -- CONSIDERATION 2:30 p.m.
STAGE 2:30 p.m.
Chairman of the Committee (Mr. Felix Twumasi-Appiah) 2:30 p.m.
Mr. Speaker, I beg to move, clause 1, subclause (1), line 1, delete “the”
So if you put “the” and you have a Schedule, then the next time they want to change it, they have to come back to the House; that is what it implies. If the Hon Minister understands it that way then I am all right. If he understands it that way that he has to come back, then I am all right.
Question put and amendment agreed to.
Mr. Twumasi-Appiah 2:40 p.m.
Mr. Speaker, I beg to move, clause 1, subclause (1), lines 1 and 2, delete “of United States of America dollars per minute”.
The reason is that, Mr. Speaker, it is already taken care of in the Schedule attached to the Bill.
Question put and amendment agreed to.
Mr. Twumasi-Appiah 2:40 p.m.
Mr. Speaker,
I beg to move, clause 1, subclause (6), line 2, delete “(1)” and substitute “(5)”.
The issue touching the matter, I think
refers more to clause 5 than clause 1, so it is the Committee's view that we delete “clause 1” and substitute it with “clause
5”.
Question put and amendment agreed to.
Mr. Twumasi-Appiah 2:40 p.m.
Mr. Speaker, I beg to move, clause 1, subclause (9), line 1, delete “(5)” and substitute “(8)”.
We believe that clause 8 conforms more to the amendment proposed than clause 5.
Question put and amendment agreed to.
Mr. Twumasi-Appiah 2:40 p.m.
Mr. Speaker, I beg to move, clause 1, subclause (10), (1), delete “be” and substitute “by”.
We believe that it will refer more to the
regulator than it is referred to in the Bill. I so propose this amendment.
Question put and amendment agreed to.
Mr. First Deputy Speaker 2:40 p.m.
We are still on clause 1. Hon Members, I have an amendment here which has not been advertised but in the name of the Hon Frederick Opare-Ansah.
Mr. Frederick Opare-Ansah 2:40 p.m.
Mr. Speaker, I beg to move, clause 1, subclause (5) insert a new paragraph that reads:
“The mechanisms and measures referred to in clause 5(a) instituted shall not have the capability to actively or passively record, monitor or tap into the content of any in-coming or out-going electronic communications traffic including voice, video, and data existing discreetly or on a converged platform, whether local or international.”
Mr. Speaker, during the consideration of the principles at the Second Reading, if you recollect, the Committee raised serious concerns about the human rights aspect of the policy. There was unanimity in the discussions that ensued that we needed to have an appropriate clause that would protect the rights of users of telephone facilities in the country and we believe that this particular clause would ensure that that equipment which will be installed for the purposes of monitoring traffic statistics, will not in any way have the capability of being able to monitor the content of telephone calls, video calls or data calls in any way.
So the situation will not arise at all where that equipment will have the capability and somebody will tell you that even though it has the capability, we are not using it, and that is the purpose of this
Mr. First Deputy Speaker 2:40 p.m.
What is
the import of the amendment?
Mr. Twumasi-Appiah 2:40 p.m.
Mr. Speaker,
as captured by the memorandum accompanying the Bill, it was the view of the Committee that “the” would be most appropriate to suit the Long Title of the Bill.
Mr. Hackman Owusu-Agyemang 2:40 p.m.
Mr. Speaker, I find it difficult to follow. Clause 1 subclause (1), states: “A network operation shall charge a minimum. . .” They want “a” changed to “the minimum” or what? I do not follow it, I am sorry. I do not get it, so can the Chairman explain his amendment and the raison d'etre for this amendment that he is proposing? I do not get it.
Mr. Frederick Opere-Ansah 2:40 p.m.
Mr. Speaker, the object of that amendment is to make the said clause definitive, because the object of this Bill is to specify a particular minimum amount. As it appears in the clause currently, it is a little ambiguous; it is saying ‘‘a minimum'' but we want to say “the minimum” and then it can appropriately refer to that minimum which has been specified.
Mr. First Deputy Speaker 2:40 p.m.
Is that “minimum” in the Bill?
Mr. Opare-Ansah 2:40 p.m.
It is in the Schedule.
Mr. First Deputy Speaker 2:40 p.m.
Very well.
Mr. Owusu-Agyemang 2:40 p.m.
Mr. Speaker, if we make it a definitive article and it is in the Schedule, then any time you want to change it, you have to come back to the House, that is what it means. They have to come back to the House. You do not make a law in which you would cocoon yourself and every time you keep flowing.

particular amendment.
Mr. First Deputy Speaker 2:40 p.m.
Very well, before I take any submission on it I want to get the amendment right. Hon Member, you put in clause 5 (a) -- “The mechanism and measures referred to in clause 5 (a) …”. There is no clause 5 (a) -- [Interruption.]
Mr. Opare-Ansah 2:40 p.m.
Mr. Speaker, I was just discussing that with the Clerk and he indicated that the drafters would take care of it because there is an existing subclause 5, and that one will become (a). Since this one is following it then this one would become (b). So the reference to the subclause 5 (a), it is the existing subclause 5.
Mr. First Deputy Speaker 2:40 p.m.
I see it as an entirely new amendment to the clause 1 and so you have to just refer to clause 5. I make it a new clause altogether and then the draftsperson would know where to locate that clause. So “the mechanisms and measures referred to in clause 5”, simpliciter.
Mr. Opare-Ansah 2:40 p.m.
Mr. Speaker, your amendment to my amendment is accepted. So instead of reading “subclause 5(a)”, it should read “subclause 5”.
Mr. First Deputy Speaker 2:40 p.m.
So, “the mechanisms and measures referred to in subclause 5.”
Mr. H. Iddrisu 2:40 p.m.
Mr. Speaker, I beg to support the amendment proposed by the Hon Opare-Ansah, but with your indulgence, to further amend his to seek the deletion of the words “have the capability to”, so that it should just read:
“The mechanisms and measures referred to in clause 5(a) instituted
rose
Mr. Hackman Owusu-Agyemang 2:40 p.m.
None

Mr. First Deputy Speaker; Let me take the Hon Member for New Juaben North before I come to you.
Mr. Owusu-Agyemang 2:40 p.m.
Mr. Speaker, this is the most important addition or amendment being made and we have not captured it because we do not have it here. Can you slowly dictate it so that we have it? In my opinion, it is very important, so we know precisely what we are approving.
Mr. First Deputy Speaker 2:40 p.m.
Hon Member, I also just got the amendment but because we want to make progress -- Very well, you have got it now?
Mr. Owusu-Agyemang 2:40 p.m.
I have a copy now.
Mr. First Deputy Speaker 2:40 p.m.
Yes, Hon Minister for Communications, your draft is not before me, so you put me in a very difficult situation. It is just like the complaint being lodged by the Hon Member for New Juaben North (Mr. Owusu-Agyemang).
Mr. Opare-Ansah 2:50 p.m.
Mr. Speaker, what the Hon Minister sought to do was to remove the word “capability” but indeed,
that is the thrust of the whole object. The equipment should not have that capability at all because it is not intended for that purpose. So, when the Ministry, through its agency, is ordering the said equipment, the expectation is that the dimension and specification do not have this type of capability. We do not want the situation where the equipment has the capability to monitor the content of data, voice and video calls and when you go there to investigate people, they will tell you that it has the capability but they are not using it. They do not need it at all. That is what the clause seeks to do.
Mr. H. Iddrisu 2:50 p.m.
Mr. Speaker, I beg to withdraw my proposed amendment. I believe that this is consistent with the Committee's own caution about us dedicating ourselves to protect the privacy of communication of Ghanaian individuals. Our intention, as I informed this House, is to monitor the volume of traffic and I think that the software should be limited to that.
So, I associate myself with it.
Mr. First Deputy Speaker 2:50 p.m.
Hon Minority Chief Whip, do we need the word “instituted” there? I think that we do not need that word because you are referring to the measures in subclause 5.
Mr. Opare-Ansah 2:50 p.m.
You are right, we do not need the word “instituted”. I think we should delete it. It talks about measures and mechanisms. Mr. Speaker, I agree with him. I would explain to you.
Mr. First Deputy Speaker 2:50 p.m.
Hon Members, because it is not advertised, I would read what has been proposed. The intention is to add a new subclause to clause 1, that:
“The mechanisms and measures referred to in clause 5 shall not
have the capability to actively or passively record, monitor or tap into the content of any incoming or outgoing electronic communications traffic, including voice, video and data existing discretely or on a converged platform whether local or international.”
Question put and amendment agreed to.
Clause 1 as amended ordered to stand
part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Schedule --
Mr. Twumasi-Appiah 2:50 p.m.
Mr. Speaker, I
beg to move, Schedule, item 1, line 2, after “traffic” insert “per minute”.
This is because that conforms more with the rate of the minimum threshold to be charged and we believe that if we insert “per minute”, it will do more good to the Schedule than it stands as of now.
Mr. H. Iddrisu 2:50 p.m.
Mr. Speaker, I beg to support the amendment. The intention is to have a minimum standard rate for the termination of international inbound traffic.
So, the amendment is appropriate. I urge Hon Members to support it.
Mr. Hackman Owusu-Agyemang 2:50 p.m.
Mr. Speaker, in the Second Reading of the Bill, I really did not fathom this figure how they arrived at this 0.19 cents. Was it dictated by the operators or the service providers or what? I would expect something like 25 cents or 0.50 cents, not 0.19 cents. You want to make money because they are not being charged, now

you reduce it to 0.19 cents. I think it is a bit on the very low side. So, I want to make an amendment on the floor. Unless he explains it, I want to make an amendment here and now, Mr. Speaker.

So, I want to hear his explanation first

and I see whether I make an amendment or not.
Mr. H. Iddrisu 2:50 p.m.
Mr. Speaker, I believe with practice, in future, we can all seek an adjustment to this. We are able to monitor the performance of the software and know how international calls are terminated, and at what rate they terminate them, we will then be able to advise.
Indeed, the original proposal was for 0.23 cents. But after deliberation and consultation with the operators, they felt that it was on the high side. We also do not want to take a decision which will affect their revenue base. They are there to make profit. But we decided that we should do 0.19 cents on the basis of scaling what pertains in other countries.
For instance, how much do they terminate a call from Cameroon or South Africa coming to Ghana? It varies from network to network. MTN may do lower. Zain may do lower. Another network may do higher. But this will give us a minimum standard rate of 0.19 cents. They may do more than that but they are in business to make profit. What we are saying is that, they will then share this minimum with the Government of Ghana to be used for development purposes.
So, I would plead with my Hon Colleague that, for a start, we should see how the 0.19 cents will perform. If it is able to give us improved revenue, then in future, we will not hesitate in coming back to this House to ask for an upward adjustment.
Mr. Owusu-Agyemang 2:50 p.m.
Mr. Speaker, that was why I said, by the substitution of the indefinite article for the definite article in the previous amendment, you are cocooning yourself into coming to Parliament again, if you want to amend this. That is why I think the Schedule should be “a minimum of 0.25 cents”. As to what the operators tell you, obviously, they want to pay the minimum or pay nothing at all.
So, I want to make an amendment to stay the original 0.23 that was proposed to the Schedule --
Mr. Speaker, I beg to move, that the Schedule, item 1, “minimum rate for international incoming electronic communications traffic be 0.23 cents” as was originally proposed.
Mr. Opare-Ansah 2:50 p.m.
Mr. Speaker, let me just draw the attention of my Hon Colleague to the clause that we just approved; clause 1, subclause 10. And it reads:
“The Minister acting on the advice of the Authority may by Legislative Instrument make regulations to amend the rate and percentage specified in the Schedule.”
I believe precisely that is what the Hon Minister is saying that once the industry shows that it can take more load, definitely, based on the advice of the National Communications Authority, the appropriate revision of the rate will be done. Since we are starting, I think it is good that we are starting -- they are currently around somewhere between 0.10 cents and 0.13 cents and the jump from 0.13 cents to 0.19 cents is a significant percentage increment. So, I think we should accommodate the 0.19 cents for now and let us see how the industry responds to it.
Mr. First Deputy Speaker 2:50 p.m.
Hon Member for New Juaben North, in view of the explanation offered by the Hon Minority Chief Whip, do you still want to press your amendment?
Mr. Owusu-Agyemang 3 p.m.
Mr. Speaker, you never win in these things because a lot of consultations have taken place. You will never win; this is a fact of the matter. So if the Hon Minister and the Ranking Member and the Chief Whip say they have agreed for -- [Laughter --] I know that I will never win this battle. So I withdraw my amendment.
Question put and amendment agreed to.
The Schedule as amended ordered to stand part of the Bill.
The Long Title ordered to stand part of the Bill.
Mr. First Deputy Speaker 3 p.m.
That brings us to the end of the Consideration Stage of the Electronic Communications (Amendment) Bill, 2009.
BILLS -- THIRD READING 3 p.m.
Mr. Gbediame 3 p.m.
Mr. Speaker, at this point in time, I want to crave your indulgence to suspend Sitting of the House while we wait for the Report of the Finance Committee.
Mr. First Deputy Speaker 3 p.m.
Hon Members, I thought we had some Bills there so that those matters that do not involve the Finance Committee -- Are
the Papers not ready, so that we can take them?
Mr. Gbediame 3 p.m.
Mr. Speaker, we want to take the Interpretation Bill but the Chairman of the Committee is not around to move the motion.
Mr. First Deputy Speaker 3 p.m.
Where is the Vice-Chairman? [Pause.]
Hon Members, I have been informed that there is no controversy with regard to the ADR. Why do we not take it then? That is the information I have been given, that there is no controversy.
Mr. Kyei-Mensah-Bonsu 3 p.m.
Mr. Speaker, -- the matter relating to the Interpretation Bill could be brought to a close. The Majority Leader, Madam Speaker and I have come to some agreement on this and I thought that we could just bring this matter to a close.
Now, the argument is being invoked that the Chairman of the Committee is not here, so we cannot go on. Then the question to ask is, is the Chairman of the Committee here to take the other Bill? I believe not.
Mr. First Deputy Speaker 3 p.m.
Hon Minority Leader, I raised the issue of ADR, so I need the guidance of the Leadership, whether we should suspend Sitting or not.
Mr. Kyei-Mensah-Bonsu 3 p.m.
Mr. Speaker, given what we are witnessing, business is stalled and we do not know how to proceed. I thought that we could handle this matter on the Interpretation Bill. The Deputy Attorney-General is here. If we cannot take it and bring this matter to a close, let us suspend Sitting for the time being to wait for the Finance Committee until they come. I do not see why we should be experiencing these hiccups in terms of --
Mr. First Deputy Speaker 3 p.m.
Hon
Mr. Bagbin 3 p.m.
Mr. Speaker, we were trying to get the Chairman of the Committee, to at least, move the motion. [Interruptions] No, these are amendments proposed by the Committee, it is not the Minister that would move those amendments. The Chairman of the Committee is not around and I am trying to get any member of the Committee to move. [Interruptions.] We have a member of the Committee to move the amendments, then we debate them and take the necessary decisions.
Mr. First Deputy Speaker 3 p.m.
Very well. Item 23 -- Interpretation Bill.
BILLS -- CONSIDERATION 3:10 p.m.
STAGE 3:10 p.m.
  • [Resumption of debate from 10-12-09]
    • Mr. K.T. Hammond 3:10 p.m.
    Mr. Speaker, I am looking at item 23, page 9, the item that deals with the Interpretation Bill. Mr. Speaker, I do not see what the confusion is about. There is no need for a motion here. The House appears to have deliberated on this matter for as long as I possibly can remember. We then got to the continuation of what we have done already. So, you have here at the Consideration Stage clauses 4, 5, 52, the First Schedule and -- Mr. Speaker, we do not need the Chairperson for the particular Committee. So of your own motion, you can raise it and we can debate it. What is the difficulty?
    M r. F i r s t D e p u t y S p e a k e r : Hon Member, you know that at the Consideration Stage, you can speak more than once. The rules are relaxed. So if any new argument crops up that will resolve the matter, we cannot say that we will not call Hon Members.
    Secondly, I was not in the Chair when this matter was reconsidered, so the earlier submissions were known to my Hon Colleague, the Second Deputy Speaker than I do.
    MR. SECOND DEPUTY SPEAKER
    Mr. Second Deputy Speaker 3:10 p.m.
    Hon Members, there was an indication early on that there would be some kind of compromised formula. May we know the progress in this connection?
    Mr. Ambrose P. Dery 3:10 p.m.
    Mr. Speaker, we are dealing with number 23. We have the first issue of clause 4 which started with the rendition of “first being enacted by the President and Parliament”. I think that article 106 (1) of the Constitution settles the matter. With your permission,
    Mr. Speaker, article 106 (1) reads 3:10 p.m.
    “The power of Parliament to make laws shall be exercised by Bills passed by Parliament and assented to by the President.”
    Mr. Speaker, all those arguments about the rendition should be settled by this, which is constitutional. Mr. Speaker, needless to say that article 1 (2) thus settles the matter on the supremacy of the Constitution as the supreme law of Ghana and any other law found to be inconsistent under the provisions of this Constitution shall to the extent of the inconsistency, be void.
    Mr. Speaker, I have seen certain arguments that are based on statute, a statute passed in 1967. Mr. Speaker, clearly, a statute passed in 1967 is only law to the extent that it is validated by article 11. Mr. Speaker, article 11 talks about existing law. If you look at article 11 (1) (d), Mr. Speaker, it talks about existing law but it does not stop there.
    Article 11(6) goes on to say:
    “The exis t ing law shal l be construed with any modifications, adap-tations, qualifications and exceptions necessary to bring it into conformity with the provisions of this Constitution, or otherwise to give effect to, or enable effect to be given to any changes effected by this Constitution.”
    Therefore, whichever statute that we are relying on to support the proposed rendition is subject first, to the fact that it is passed as existing, and secondly, that those modifications and authorities are made to be in conformity with this. So when we go back to article 1 (2), the simplest thing to do is to rely on the rendition in article 106 (1). It settles it. It says that it shall be passed by Parliament and assented to by the President.
    So it shall be enacted bv Parliament and assented to by the President. That is the Constitution and that is the supreme law and no other law can stand in its way.
    Mr. Speaker, it is no argument to say that that is the way we have proceeded; a mistake made a million times does not make right. If we are to refer to any other jurisdiction, that is at best persuasive. But it is mandatory that the supreme law must weigh.
    Mr. Speaker, I think that this should be brought to closure by going for the safest rendition which is 106 (1).
    Mr. Second Deputy Speaker 3:10 p.m.
    Hon Member, before you Sit, if you may make it clear, the rendition that you are speaking about.
    Mr. Dery 3:10 p.m.
    Mr. Speaker, the proposed rendition is “enacted by Parliament and assented to by the President”. That is it.
    Mr. Second Deputy Speaker 3:10 p.m.
    “. . . passed by Parliament”. Then the two together would form an enactment?
    Mr. Dery 3:10 p.m.
    That is so.
    Mrs. Betty Mould-Iddrisu 3:20 p.m.
    Mr. Speaker, we went into the niceties of the legal arguments at the last session of the debate. Mine is just to reiterate, and to reiterate again that under our 1992 Constitution, it is only the President whose authority pens the act of the labours of Parliament in respect of a Bill into an Act.
    The power of parliaments in respect of Bills is to pass a Bill. A Bill passed by Parliament remains a Bill; it is not law. Two situations involved -- passing by Parliament and assenting to by the President make up an enactment. It makes up an enactment which is the part of the statute.
    The enacting formula is the part of the statute that declares the authority by which a statute is made. It serves to identify the statute as an act of legislation emanating from the proper legislative authority. And our enacting formula which has taken root from the United Kingdom (UK) states -- Even though people do not want to hear of other considerations, unfortunately, we cannot be a village, we cannot be an island unto ourselves.
    We do, Hon Speaker, have to look at other jurisdictions, which I agree with the Hon Speaker, are of persuasive nature. The historical antecedents in the formula of being enacted are numerous and many, arising from the United Kingdom and other jurisdictions.
    Mr. Speaker, our 1992 Constitution recognizes that there is an evolutionary process of law-making and makes the President the authority to turn the Act of Parliament into a law. Without the authority of the President, significant in the assent,
    Mrs. Mould-Iddrisu 3:20 p.m.
    Mr. Speaker, we have always acknowledged the essential elements of the assent. The proposed formula which our Hon Members are proposing, “passed by Parliament and assented to by the President” is merely a paraphrase. It is merely a paraphrase of the “enacted by the President and Parliament”. It is a mere paraphrase. And respectfully, we should reflect the very important constitutional role of the President in the law-making process by using the word “enactment”.
    Mr. Speaker, without the word “enactment”, I respectfully move, that we would be in danger of going against what by your ordinary reading should be the phraseology; we would be in danger of losing the essential elements of “the passage into law”, which is the word “enactment”.
    Indeed, the act of the President to turn the law-making powers of Parliament has been recognized, in that under article -- [Pause.] -- Anyway, it has been recognized, in that, under the Constitution, if the President does not assent to a Bill,
    that Bill cannot become law, to the point that that Bill, the President is actually forced, he is under compulsion that he has to be made a part of the enacting process.
    Mr Speaker, I respectfully would urge Hon Members to take into consideration not only this aspect of our Constitution but also the fact that this is not used in any Commonwealth country and all of our statute revision. The statute revision exercise comes about in a nation's history once in every fifty years.
    All of the statute revision exercise that has just taken place has used the phraseology “enacted by the President and Parliament”. All of the laws of Ghana since we have been under the Statute Law Revision Process, have indeed, used the formula “enacted by the President and Parliament”. That is the reality of the law, that is the reflection of the 1992 Constitution. And I will respectfully ask Hon Members to look at article 126 also of the Constitution and look at -- [Interruptions.] --
    Mrs. Mould-Iddrisu 3:20 p.m.
    I crave your indulgence, the article I am looking for, escapes me; I crave your indulgence. But I am sure that Hon Members here present, who were present during the first part of the debate, have perfectly followed my arguments and we have further circularized the note which speaks to the enacting formula.And we would respectfully urge this formula on Hon Members.
    Thank you.
    Mr. Dery 3:20 p.m.
    Mr. Speaker, I have listened to the submissions of the Hon Minister for Justice and Attorney-General and before I go back to the Constitution to respond, I
    want to put two things in context. First, she talks about the Commonwealth
    and the practice. I want to remind the Hon Minister for Justice and Attorney-General that after independence, we were under the parliamentary system where the head of the Executive was also part of the Legislature. That is first.
    The second issue about statutory revision, my simple response is that statutory revision cannot be in breach of the Constitution, and it is not superior to what the Constitution says. So those two arguments do not change the situation.
    What is the situation? The situation is that legislative power is vested in Parliament. First, I will start from article 93 (2) where it is said clearly that:
    “Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in accordance with this Constitution.”
    Mr. Second Deputy Speaker 3:20 p.m.
    Order! Order!
    Mr. Dery 3:20 p.m.
    Mr. Speaker, let us talk ourselves through. If we look at article 111, it says that:
    “The Vice-President, or a Minister or Deputy Minister who is not a member of Parliament, shall be entitled to participate in the proceedings of Parliament and shall be accorded all the privileges . . .”
    It only goes to emphasize that they are not Members of Parliament.
    Mr. Speaker, let us go to article 106. Mr. Speaker, article 106 does use power. It says:
    “The power of Parliament to make laws shall be exercised by Bills passed by Parliament and assented to by the President.”
    Mr. Second Deputy Speaker 3:30 a.m.
    Hon Members, Order!
    Mr. Dery 3:30 a.m.
    Mr. Speaker, he cannot
    not immediately assent to a Bill. But the ultimate power is reemphasized in clause (10)-- [Interruption.] --
    Mr. Second Deputy Speaker 3:30 a.m.
    Order!
    Order!
    Mr. Dery 3:30 a.m.
    Mr. Speaker, where it says
    that clause 7 says that:
    “Where a bill passed by Parliament is presented to the President for assent he shall signify, within seven days after the presentation, to the Speaker that he assents to the Bill or that he refuses to assent to the Bill, unless the Bill has been referred by the President to the Council of State under article 90 of this Constitution.”
    Mr. Speaker, and then it tells us the
    procedure. But clause (10) comes back to re-emphasise that the ultimate power is in Parliament. It says that:
    “Where a bill reconsidered under
    Mr. Second Deputy Speaker 3:30 a.m.
    Hon
    Dery, may I get the last rendition?
    Mr. Dery 3:30 a.m.
    Mr. Speaker, “enacted by
    Parliament”, and that is clearly in the definition in article 295 --
    Mr. Second Deputy Speaker 3:30 a.m.
    Hon
    Dery, just your concluding sentence.
    Mr. Dery 3:30 a.m.
    Mr. Speaker, “enacted by
    Parliament and assented to by the President” -- “enacted”; “Act of Parliament means an Act enacted by Parliament''. So, it is “enacted by Parliament”.
    Mr. Second Deputy Speaker 3:30 a.m.
    Hon
    Minister for Justice and Attorney- General, I will call you in a moment. The amendment we have stands in the name of Hon William O. Boafo. Do I take it that this is a revision that may serve both what Hon Boafo proposes so that we have a position on which to focus and then proceed? Hon Boafo, is Hon Dery's proposition in tandem with yours?
    Mr. W. O. Boafo 3:30 a.m.
    Mr. Speaker,
    precisely so. Mr. Speaker, my contention is that it is Parliament that enacts, and the President assents to. Because under article 295 --
    Mr. Second Deputy Speaker 3:30 a.m.
    Hon Boafo, so you will not call for any deletion any longer, but rather that it should stand “enacted by Parliament and assented to by the President”, is that so?
    Mr. Boafo 3:30 a.m.
    Mr. Speaker, yes. Mr.
    Mr. Second Deputy Speaker 3:30 a.m.
    So that the argument becomes clear; “enacted by Parliament and assented to by the President” is what now stands in your
    name as the amendment herein?
    Hon Learned Minister for Justice and Attorney-General and you may respond to that.
    Mrs. Mould-Iddrisu 3:30 a.m.
    Mr. Speaker,
    the Webster's Third New International Dictionary of the English Language, unabridged, defines “enact'' as, and Mr. Speaker, with your permission, I will read:
    “To es tab l i sh by lega l and authoritative act, make into law, especially to perform the last act of legislation upon [a bill], that gives the validity of law.”
    Mr. Second Deputy Speaker 3:30 a.m.
    Order! Hon Members, this matter being so important, let us get the arguments clear. I will call you in a moment, but for now, let the argument sink and then you will respond.
    Mrs. Mould-Iddrisu 3:30 a.m.
    Mr. Speaker,
    until the final act which -- Under article 106 of our Constitution, the power of Parliament to make laws shall be exercised by Bills passed by Parliament and assented to by the President. Mr. Speaker, with the greatest of respect, the ordinary clear definition of the word “enact” relates to the act of transforming a Bill into law. Mr.
    Speaker, until the President assents to the Bill, we cannot use the word “enact”, the two go hand in hand. We need to have -- [Interruption] -- The words “enacted -- [Interruption.]
    rose
    Mr. Second Deputy Speaker 3:30 a.m.
    Hon Boafo, do you stand on a point of order?
    Mr. Boafo 3:30 a.m.
    On a point of order. Mr.
    Speaker, with the greatest respect, the Hon Minister for Justice and Attorney-General is seriously misleading this House. Mr. Speaker, I believe she is very familiar with the process of the passage of Bills in this House, so that she can situate it within the context of what is meant by “enactment”.
    Mr. Speaker, so far as enacting is concerned, before the presidential assent, the last act which forms part of her definition of “enactment” from the Webster's Dictionary, is the Third Reading of a Bill in this House. [Hear! Hear!] That is done by Parliament and not the President and that is why we are insisting that it is Parliament. We are not living in the same belly with the President; we have a different belly.
    If Madam Speaker were to be in the Seat -- we would have said that the natural belly in which we live is that of Madam Speaker and not the Presidency. So, Mr. Speaker, the contention is that so far as the last act which is in Webster's dictionary that she is attributing to is ‘‘assenting'' -- [Interruption.] --
    Mr. Speaker, thank you
    .
    Mr. Dery 3:30 a.m.
    Mr. Speaker, the Attorney-
    General -- [Interruption]. Mr. Speaker, the Minister for Justice
    and Attorney-General is referring to a dictionary for the definition of “enactment”. The Constitution is replete
    Mrs. Mould-Iddrisu 3:40 p.m.
    Mr. Speaker, I have absolutely no problem with that definition that “Parliament shall have no power to enact a law”. But I submit that the use of the word “enact” and the Parliament enacting, by its very essence, connotes the President giving assent to. Under article 106 (7) and (8) which the Hon Minority Leader referred to, states quite clearly --
    What would be the need therefore with the greatest of respect to Hon Members to put in under article 106 (8) that
    “Where the President refuses to assent to a bill, he shall, within fourteen days after the refusal --
    (a) and (b) -- and then under (9),
    Parliament shall reconsider a bill
    . . .”
    where the Bill is reconsidered and so on, which goes to show that unless the President assents to a Bill by Parliament, it shall not be a law, it shall not have been enacted.
    Thank you, Mr. Speaker.
    Mr. Second Deputy Speaker 3:40 p.m.
    Hon
    Learned Minister for Justice and Attorney- General, this matter has taken some time. If you may simply -- Assuming there is no amendment to carry, what will be
    the rendition that should be standing? -- [Interruptions.] Order! Order!
    Mrs. Mould-Iddrisu 3:40 p.m.
    It is as is stated -- [Interruptions.]
    Mr. Second Deputy Speaker 3:40 p.m.
    Hon Members, we want to make it clear that Order! Order! We want to make it a bit clear to ourselves. Assuming an amendment fails, what would be the rendition that would be standing so that Hon Members will know exactly what it is that we want or we do not want?
    Mrs. Mould-Iddrisu 3:40 p.m.
    Mr. Speaker, under the Interpretation Bill, 4 (2) says:
    “In a Bill presented to the President for the assents, the words of the Assent shall be enacted by the President and Parliament”.
    It is that which we seek to maintain, Mr. Speaker.
    Mr. Second Deputy Speaker 3:40 p.m.
    Hon Members, then our Bills will stand “enacted by the President and Parliament”. That is the rendition that the Hon Minister for Justice and Attorney-General stands here to say.
    Papa Owusu-Ankomah 3:40 p.m.
    Thank you very much, Mr. Speaker, for giving me the opportunity -- [Interruptions.]
    Mr. Second Deputy Speaker 3:40 p.m.
    Order! Order! Hon Members, it is a very important business and it will be useful for us to maintain absolute silence and then discuss it. [Interruptions.] Order!
    Papa Owusu-Ankomah 3:50 p.m.
    Mr. Speaker, I thank you for giving me the opportunity to contribute to this debate.
    I must say that I gave my word to the Hon Minister for Justice and Attorney- General that I was not going to contribute to this debate. However, having considered everything in perspective, I believe that it is important that I also express a few views on this matter.
    Mr. Speaker, one may ask, why this furore in respect of the words that would be used to complete the enactment process for publication as a law? And I believe it has everything to do with our history as a nation where at any point in time that the constitutional arrangements have been usurped by military adventurers, it is Parliament that is dissolved.
    Presently, what we all have been saying is that, look, the time has come for Parliament to assert itself. I am sure it is because of this that there has been this anxiety about whether it should be “enacted by the President and Parliament”. This is because the preponderant view of Members of Parliament is that we should guard that power that they have as the body entrusted with legislative power under the Constitution. Mr. Speaker, I want to be fair to the House as regards the rendition in our legislation in various Parliaments. It has not been the same.
    Just before I decided to contribute, I asked to see the formula for the various Parliaments. And indeed, in the First Parliament, which is 1963 -- I hold in my hand, the Income Tax (Amendment) Bill and it reads:
    “Be it enacted by the President and the National Assembly in this present Parliament assembled as follows.”
    But I think in 1963, the President might have been a Member of Parliament. Then I also looked at the Parliament under the Second Republic. I hold in my hand, Act 379, the Customs (Amendment) Act 1971 and it reads:
    “Be it enacted by the President and the National Assembly in this present Parliament assembled as follows.”
    Then I also looked at the style in 1981 where we had an Executive President and a Parliament and here it is:
    “Be it enacted by Parliament as follows”.
    That is the Sugar Industry Board Act, 1981, the Third Republic. The Sugar Industry Board Act, 1981, Act 480 --
    “Be it enacted by Parliament as follows.”
    I have listened closely to the arguments made by the Hon Minister for Justice and Attorney-General and the passion with which she makes these arguments. Of course, I would not expect anything less from her. But really it is my view that either way, the validity of the law will not change. It will not make it less effective if we say: “Be it enacted by the President and passed by Parliament”.

    Mr. Speaker, I have also been looking at what “enactment” is. Well, the Minister for Justice and Attorney-General given many definitions, of course, using Webster's Dictonary. But when I looked at article 295, “enactment” means an Act of Parliament, a decree, a law or a constitutional instrument, or statutory instrument or any provision of an Act of Parliament, a decree, et cetera.

    In any event, every Act of Parliament
    Mr. Second Deputy Speaker 3:50 p.m.
    The Hon Minister for Justice and Attorney- General will be called before the debate ends.
    Yes, Hon Majority Leader?
    Mr. Bagbin 3:50 p.m.
    Mr. Speaker, I have
    listened to my Hon Colleagues attentively. I just want us to answer a few questions. Can the President enact a law? Yes. Can Parliament enact a law? [Interruptions.] I believe that in listening to Hon Members and looking at the constitutional provisions, we need both the President and Parliament to enact a law. -- [Interruptions.]
    The act of assenting to a Bill passed by Parliament, is that ceremonial? Is that of ceremonial importance or it has some legal importance? Mr. Speaker, after the President assents to a Bill, does it become law?
    Mr. Speaker, I think there are three acts that bring a Bill into law, and into force. Clearly, my Hon Colleagues have stated the provisions. The last act is to gazette it, before it comes into force. It must be gazetted before it comes into force and clearly, it is in our Constitution, article 106 (11). It says that:
    “ without prejudice to the powers of Parliament to postpone the operation of a law, a Bill shall not become law until it has been duly passed and assented to, in accordance with the provisions of this Constitution, and shall not come into force unless it has been published in the Gazette.”
    So they are three. But truly, a President under our law, particularly the Constitution, cannot enact a law.
    Parliament by our law and our Constitution alone cannot enact a law. [Hear! Hear!]. The provisions of the Constituion used the words “enact” and “passed” interchangeably and I refer to article 107 because my Hon Colleague referred to article 3 (1) which says that Parliament shall have no power to enact a law establishing a one-party State.
    Article 107 says: “Parliament shall have no power to pass any law.”
    S o t h o s e w o r d s a r e u s e d interchangeably. So we will need to have Parliament passing the law -- and the time Parliament is passing it, it is a Bill, unless Parliament passes it, it is a Bill -- [Interruptions]. It is when the President assents to it then it becomes an Act, but it does not come into force until published in the Gazette.
    Mr. Second Deputy Speaker 4 p.m.
    Order! Order! This argument should be allowed to flow.
    Hon Majority Leader, please, go on. There will be plenty of responses.
    Mr. Bagbin 4 p.m.
    Mr. Speaker, I was
    rose
    Mr. Second Deputy Speaker 4 p.m.
    Hon
    Member, do you rise on a point of order?
    Dr. Anane 4 p.m.
    Mr. Speaker, it has been
    clearly stated in this House, that this House is not a House of lawyers only but it is made up of all manner of people and we are here gathered to make the laws of the land and to do our best.
    Mr. Speaker, in the passage of laws in
    the House there are separate stages that we go through. A law or whatever that we want to get into -- a law comes into this House as a Bill, it goes through processes. To the understanding of those of us who are not lawyers, it is the processes which constitute the act of enabling a Bill into an Act, so it is only after we have enabled it that it becomes an enactment and that is why when we finish the stages, the Clerk reads as an “Act of Parliament”. And therefore, it is the stages that this Bill goes through in the House that enables it and that is, therefore, the enactment. The Act, is based on the processes that the House takes the Bill through and therefore, those of us who are not among the learned profession, this is how we understand
    Mr. Second Deputy Speaker 4 p.m.
    Hon
    Members, order.
    Mr. Bagbin 4 p.m.
    Mr. Speaker, I thought
    my Hon very good Friend was raising a point of order, then he decided to descend into unknown waters. I just want to say a few sentences to respond to what Hon Dr. Anane has just stated.
    Clearly, in all the Bills that come to
    Parliament, even in the form of a Bill, those statements are there -- “An Act to provide for” -- When you see the Long Title and the rest, even when it is in the form of a Bill, they still say “An Act to provide for...” So it is not that one that is being considered. We are talking about the constitutional provisions.
    It is true that we pass through the stages and that is why I asked the first question, ‘‘can a President enact a Bill?' And the answer is, ‘no' '' This is because the President cannot go through that; he cannot go through the stages. But when we come to the totality of the process and the effect of the various actions of the players -- I believe that if you want to use the magic word, ‘enact,' instead of preferring the simple language of ‘pass and assent to,' then when you say ‘enact' because of precedence, that is, the President, the first in the nation, the President comes first before Parliament.
    That is the only explanation for saying ‘enacted by the President and Parliament.' That is the only explanation. But when you come to the legislative power, it is completely and totally enshrined in the hands of Parliament; that cannot be taken away.
    But the experience of Nigeria recently, it had, if you go through their Constitution, similar provisions. The Nigerian Parliament passed a Bill and it was sent to the former President to assent
    Mr. K. T. Hammond 4 p.m.
    On a point of
    Mr. Second Deputy Speaker 4 p.m.
    Hon
    Member, you say what you know.
    Mr. Hammond 4 p.m.
    Mr. Speaker, what I
    do know and if I am wrong, that is why I am calling on the authority of the Clerk is that, after the Third Reading, he says to this House, “This Bill has now been passed into law”. Has he been misleading the country. This is what happens and so at that stage, what role has the President played in it?
    Mr. Speaker, when the Hon Minister for Justice and Attorney-General was referring to dictionaries, I was trying to hand over this one too to her -- [Lifting up the dictionary] so that it may help in her comprehension of the dictionary definition. This one defines an ‘enactment' differently from what she has alluded to. So, Mr. Speaker, let us follow our procedures. Let us get our Clerk to clarify.
    Indeed, may I ask a simple question, what really is at stake here? We have the Appropriation Bill to go through and this matter is becoming so much litigated, so let us --
    Mr. Second Deputy Speaker 4 p.m.
    Order.!
    Mr. Hammond 4 p.m.
    Mr. Speaker, if the
    Mr. Second Deputy Speaker 4 p.m.
    Hon
    Member, thank you.
    Hon Majority Leader, you may
    continue.
    Mr. Bagbin 4 p.m.
    Mr. Speaker, I expect
    Mr. Second Deputy Speaker 4 p.m.
    Order.
    Mr. Bagbin 4 p.m.
    The Speaker does not say

    Mr. Speaker, I believe that both Parliament and President enact a law. That is the position. Now, the contention is that some group would want us to use “passed by Parliament and assented to by the President”. Both sides of the House acknowledge the fact that the two will have to come together to enact a law. But one side is talking about “passed by Parliament and assented to by the President”. Another is saying “enacted by the President and Parliament”. So the two are still brought together.

    I will prefer, Mr. Speaker, that we move away from the use of technical language to ordinary English Language so that when the ordinary people read what we have passed, they will understand it without looking for legal dictionaries for explanation. So I believe that we should still go by “passed by Parliament and assented to by the President”, that is the position that I prefer.
    Mr. Kyei-Mensah-Bonsu 4:10 p.m.
    Mr. Speaker, I believe that the arguments have been very tendentious but we have travelled some distance. I believe the choice before us is now very clear. The Constitution provides the path on which we have to travel and that was articulated the previous time. Today, succinctly and unambiguously, the Majority Leader has landed on the same path. We cannot go wrong if we go the prescribed route by the Constitution as per article 106 (1).
    Mr. Speaker, we have listened enough to the legal arguments and I believe that we have arrived at the junction where you must put the Question.
    Mr. Speaker, I invite you to put the Question.
    Mr. Second Deputy Speaker 4:10 p.m.
    Hon
    Members, after the submission by our two Leaders, I will now put the Question.
    Question put and amendment agreed
    to.
    Clause 4 as amended ordered to stand part of the Bills.
    Clauses 5 --
    Mr. Second Deputy Speaker 4:10 p.m.
    Clause 5 -- continuation of the debate
    Hon Members, this amendment was also deferred for further consultation.
    Mr. Lassey-Agbenyefia 4:10 p.m.
    Mr. Speaker,
    I beg to move, clause 5 -- Add a new subclause as follows:
    “(5) Where the Bill was passed in accordance with the relevant provisions of article 108 of the Constitution, the Clerk shall, before causing the copies to be presented to the President, submit them to the Speaker who, if satisfied that the Bill was passed in accordance with the Constitution shall sign on each copy a certificate in the Form set out in the First Schedule.''
    Question put and amendment agreed to.
    Clause 5 as amended ordered to stand as part of the Bill.
    Clause 52 --
    Mr. Second Deputy Speaker 4:10 p.m.
    Clause 52 -- continuation of the debate.
    This amendment was also deferred for further consultation. Hon Boafo.
    Mr. W. O. Boafo 4:10 p.m.
    Mr. Speaker, the
    amendment is being abandoned.
    Clause 52 ordered to stand part of the Bill.
    First Schedule --
    Mr. Lassey-Agbenyafia 4:10 p.m.
    Mr. Speaker,
    I beg to move, First Schedule -- delete and insert the following:
    FIRST SCHEDULE 4:10 p.m.
    Mr. Lassey-Agbenyefia 4:20 p.m.
    Mr. Speaker, I beg to move, First Schedule --
    (Section 5 (5)
    Form of Speaker's Certificate
    I hereby certify that power to pass this Act has been conferred on Parliament in accordance with the relevant provisions of the Constitution.
    ............................... ...............................
    Date of certificate Speaker
    (Section 5(4)
    Form of President's Assent
    I hereby signify assent to this Bill
    ............................. .............................
    Date of Assent President
    Question put and amendment agreed
    to.
    The First Schedule as amended ordered to stand part of the Bill.
    Second Schedule --
    Mr. Lassey-Agbenyefia 4:20 p.m.
    Mr. Speaker, I beg to move, Second Schedule -- Delete PART TWO” (Section 28)
    Question put and amendment agreed to.
    The Second Schedule as amended ordered to stand part of the Bill.
    The Long Title ordered to stand part of the Bill.
    Mr. Second Deputy Speaker 4:20 p.m.
    Hon Members, this concludes the Consideration Stage of the Interpretation Bill.
    Since we have the Hon Minister for
    Justice and Attorney-General here, we could move on to the Third Reading.
    MOTIONS 4:20 p.m.
    Minister for Justice and Attorney- General (Mrs. Betty Mould-Iddrisu) 4:20 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131 (1) and (4), which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least twenty-four hours have elapsed, and that the Third Reading of a Bill shall not be made on the same day as the Second Reading, except urgent Bills, the motion for the Third Reading of the Interpretation Bill 2009 may be moved today.
    Mr. William O. Boafo 4:20 p.m.
    Mr. Speaker, I beg to second the motion. And in doing so, Mr. Speaker, Hon Members would
    agree with me that the Third Reading has not been advertised as required by the Standing Orders of this House. But considering the circumstance so far as this Bill is concerned, we would allow the Third Reading to go and I accordingly second the motion moved by the Hon Minister for Justice and Attorney-General.
    Question put and motion agreed to.
    Resolved accordingly
    BILLS -- THIRD READING 4:20 p.m.
    rose
    Mr. Second Deputy Speaker 4:20 p.m.
    Hon Minority Leader, what do you have for us?
    Mr. Kyei-Mensah-Bonsu 4:20 p.m.
    Mr Speaker, I thought that the application of the Minister for Justice and Attorney- General was to set aside the provisions of the Standing Orders, which is procedural. We are yet to arrive at the Third Reading. I do not know where we are, but perhaps, giving the circumstances of the Hon Minister for Justice and Attorney-General today, maybe, we may allow that. She is completely discomfitured and maybe, the House may allow her some space, otherwise, what has been done really is irregular.
    Mr. Second Deputy Speaker 4:20 p.m.
    Hon Minority Leader, do you want us to go through the formality of saying that the Minister for Justice and Attorney-General is moving for the Third Reading?
    Mr. Kyei-Mensah-Bonsu 4:20 p.m.
    Mr.
    Mr. Second Deputy Speaker 4:20 p.m.
    Just for the abundance of caution, the Hon Minister for Justice and Attorney-General may now move that the Bill be now read a Third time and then we proceed.
    Mr. Hackman Owusu-Agyemang 4:20 p.m.
    Mr. Speaker, you said “out of the abundance of caution”, we do not want posterity to come and say that this Bill which is not advertised was not properly done. So the Hon Minister for Justice and Attorney-General must first ask for permission procedurally since it is not advertised to be allowed to do this thing, to be done before we come to the Third Reading.
    Mr. Second Deputy Speaker 4:20 p.m.
    And that is exactly what we have done. The procedural stage has been taken by way of the time and then we should go on.
    Hon Minority Leader, we agreed with the First Deputy Majority Whip that we would take a short break and then all relevant little things would be tidied up with regard to the rest of the business and we shall continue.
    Hon Members, we shall take a short break accordingly as the remainder of the Papers are put right for us to continue.
    4.30 p.m. -- Sitting suspended.
    5.30 p.m. -- Sitting resumed.
    MR. FIRST DEPUTY SPEAKER
    Mr. First Deputy Speaker 4:20 p.m.
    Chairman of the Finance Committee, is the Report ready?
    Mr. J. K. Avedzi 4:20 p.m.
    Yes, Mr. Speaker,
    the Report is being printed in the printing room, so we can lay it.
    Mr. First Deputy Speaker 4:20 p.m.
    Both (i)
    and (ii)?
    Mr. Avedzi 4:20 p.m.
    Yes, Mr. Speaker.
    Mr. First Deputy Speaker 4:20 p.m.
    Very
    well, 6 (c ).
    PAPERS 4:20 p.m.
    Mr. First Deputy Speaker 4:20 p.m.
    Chairman of the Committee, what item are we taking?
    Mr.Avedzi 4:20 p.m.
    Mr. Speaker, we can take Motion 24, the Customs and Excise --
    BILLS -- SECOND READING 4:20 p.m.
    Mr. J. K. Avedzi 4:20 p.m.
    Mr. Speaker, I beg to second the motion and in doing so I present your committee's Report.
    1.0 Introduction
    The Customs and Excise (Duties and Other Taxes) (Amendment) Bill, 2009 was presented and read the First time in the House on Tuesday, 10th March, 2009 and referred to the Finance Committee for consideration and report. The Committee was also tasked to consider whether the Bill is of urgent nature pursuant to order 119 of the Standing Orders of the House.
    This followed the presentation of the Financial Policy of the Government of Ghana for the year 31st December, 2009 by the Minister for Finance and Economic Planning, Hon Dr. Kwabena Duffuor on Thursday, March 05, 2009.
    The Committee met and considered the Bill with the Minister for Finance and Economic Planning, Hon Dr. Kwabena Duffuor, and officials from the Ministry of Finance and Economic Planning and the Customs, Excise and Preventive Service (CEPS) and hereby presents this Report.
    2.0 Reference Documents
    In considering the Bill, the Committee was guided by the following documents:
    a. 1992 Constitution of the Republic of Ghana;
    b. Standing Orders of the Parliament of Ghana;
    c. The Customs and Excise (Duties and Other Taxes) Act, 1996 (Act 512) as amended;
    d. The Budget Statement and Economic Po l icy o f the Government of Ghana for the 2009 Financial Year;
    3.0 Background
    In presenting the Budget Statement and Financial Policy of the Government of Ghana for the 2009 Financial Year, the Minister for Finance and Economic Planning, Hon Dr. Kwabena Duffuor informed the House of Government's decision to restore import duties on rice, wheat, crude vegetable oils and yellow maize.
    This was contained on page 289 paragraph 1175 of the Budget Statement and Economic Policy of the Government of Ghana for the 2009 Financial Year. 4.0 Object of the Bill
    The object of the Bill is to amend the Customs and Excise (Duties and Other Taxes) Act, 1996 (Act 512) to restore import duty rates on rice, wheat, crude vegetable oils and yellow maize.
    5.0 Contents of the Bill
    The Bill contains two clauses.
    Clause 1 seeks to amend the First Schedule of the Customs and Excise
    (Duties and Other Taxes) Act, 1996 (Act 512) to restore the import duty rates on the specified food items.
    Clause 2 repeals the Customs and Excise (Duties and Other Taxes) (Amendment) Act, 2008 (Act 758) that removed the import duty on the specified food items.
    6.0 Observations
    The Committee observed that in the wake of difficult economic circumstances of high world food prices, the Government had cause to remove the import duty on rice, wheat, crude vegetable oils and yellow maize.
    The Minister for Finance and Economic Planning, Dr. Kwabena Duffuor, explained to the Committee that even though the policy was well intended, the effect was not properly felt by the ordinary people.
    Some members were concerned that rice is a staple food in Ghana and that wheat is used for the production of flour. To them, the increase of the tax would automatically increase the prices of these commodities to the detriment of the consumer. Again, they opined that the increase in the price of yellow maize will harm the local poultry industry.
    Other members were still of the opinion that since the tax is transferable, the effect would be passed on to the consumer and that it is the ordinary Ghanaian that would be worse of. They further bemoaned the tendency of importers to under-declare the value of their imports so as to pay lower taxes. It was advised that the Customs, Excise and Preventive Service (CEPS) should find a way to verify the value of imported commodities for the purpose of taxation.
    The Minister conceded that even
    Dr. A. A. Osei (NPP -- Old Tafo) 4:20 p.m.
    Mr. Speaker, as the Chairman said, this Bill really came to us in March and at that time the argument was that, food prices still remained high. In looking at the Report, some of us tried to suggest to the Minister for Finance and Economic Planning that we still think that we are not completely out of that situation yet, so we have to be careful and perhaps, make sure that, as in the first quarter, we move to the lean season, they might have to re-consider because we suspect that we may be in the same situation. However, the Minister prevailed upon us that at this time, they think it is in the interest of the nation that they go that way. So we do not object to this change of heart and we urge Members to unanimously approve this.
    Question put and motion agreed to.
    Resolved accordingly.
    Suspension of Standing Order 128 (1)
    Mr. Seth Terkpeh (on behalf of the
    Minister for Finance and Economic Planning) 4:20 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128 (1) which require that when a Bill has been read a Second time, it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Customs and Excise (Duties and Other Taxes) (Amendment) Bill, 2009 may be taken today.
    Mr. Avedzi 4:20 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- CONSIDERATION 5:40 p.m.
    STAGE 5:40 p.m.
    Mrs. Gifty Eugenia-Kusi 5:40 p.m.
    Mr. Speaker, there is an Addendum Order Paper where our amendments have been filed. So, if you can look at page 11 of our Addendum Order Paper, you can see them.
    Dr. A. A. Osei 5:40 p.m.
    Mr. Speaker, I am sorry that I have to correct my Leader. This is on a different Bill.
    Mr. First Deputy Speaker 5:40 p.m.
    That is No. 2.
    Dr. A. A. Osei 5:40 p.m.
    So, that is different .
    Mr. First Deputy Speaker 5:40 p.m.
    Thank
    you, very much, Hon Ranking Member.
    Clauses 1 and 2 ordered to stand part of the Bill.
    Long Title ordered to stand part of the Bill.
    Mr. First Deputy Speaker 5:40 p.m.
    That brings us to the end of the Consideration Stage of the Customs and Excise (Duties and Other Taxes) (Amendment) Bill, 2009.
    Hon Members, item number 27 on the Order Paper.
    Suspension of Standing Order 131 (1)
    (4)
    Deputy Minister for Finance and Economic Planning (Mr. Seth Terkpeh): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) and (4) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least twenty-four hours have elapsed, and that the Third Reading of a Bill shall not be made on the same day as the Second Reading, except urgent Bills, the motion for the Third Reading of the Customs and Excise (Duties and Other Taxes) (Amendment) Bill, 2009 may be moved today.
    Mr. J. K. Avedzi 5:40 p.m.
    Mr. Speaker, I beg to second the motion
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- THIRD READING 5:40 p.m.
    Mr. First Deputy Speaker 5:40 p.m.
    Hon Majority Leader?
    Mr. Bagbin 5:40 p.m.
    Mr. Speaker, you may now take item number 29 on page 12.
    Mr. First Deputy Speaker 5:40 p.m.
    Hon Majority Leader, I thought we will take the Customs and Excise (Duties and Other Taxes) (Amendment) (No. 2) ?
    Mr. Bagbin 5:40 p.m.
    Mr. Speaker, I thought we were going to finish what is on the main Order Paper before we go to the Addendum.
    Mr. First Deputy Speaker 5:40 p.m.
    Very well. I also thought that this is a shorter Bill.
    Mr. Bagbin 5:40 p.m.
    The shorter Bill should be reserved for the time that we are not too energetic again. But if you want us to go to it now, we would do so.
    Mr. First Deputy Speaker 5:40 p.m.
    Yes, that is.
    Mr. Bagbin 5:40 p.m.
    That is the Addendum number -- [Pause] --at page 11, where they have “Notice of Amendments” -- Customs and Excise (Duties and Other Taxes) (Amendment) (No. 2) Bill.
    Mr. First Deputy Speaker 5:40 p.m.
    Hon Majority Leader, I thought we will do the Second Reading. Have we done the Second Reading?
    Mr. Bagbin 5:40 p.m.
    Mr. Speaker?
    Mr. First Deputy Speaker 5:50 p.m.
    Item
    number 35.
    Mr. Bagbin 5:50 p.m.
    Page 22, that is motion number 35.
    Suspension of Standing Order 80 (1)
    Mr. Avedzi 5:50 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- SECOND READING 5:50 p.m.
    Chairman of the Committee (Mr. James K. Avedzi) 5:50 p.m.
    Mr. Speaker, I beg to second the motion and in doing so, I present your Committee's Report.
    1.0 Introduction
    The Customs and Excise (Duties and Other Taxes) (Amendment) (No. 2) Bill, 2009 was presented and read the First time in the House on Thursday, 17th December, 2009 and subsequently referred to the Finance Committee for consideration and report in accordance with article 103 of the Constitution and Order 169 of the Standing Orders of the House.
    The Committee met and considered the Bill with the Deputy Minister for Finance and Economic Planning, Hon Fifi Fiavi Kwetey, and officials of the Customs, Excise and Preventive Service (CEPS) as well as officials from the Ministry of Finance and Economic Planning and hereby submits this Report.
    2.0 Reference Documents
    The Committee referred to and/or was guided by the following in its consideration of the Bill:
    i. The 1992 Constitution of the Republic of Ghana;
    ii. Customs and Excise (Duties and Other Taxes) Act, 1996;
    (Act 512); 3. The Standing Orders of the
    Parliament of Ghana
    3.0 Purpose of the Bill
    The purpose of the Bill is to introduce an import levy on textiles, textile articles
    and poultry products and to move from specific excise duty to advalorem rates.
    4.0 Contents of the Bill
    The Bill contains a total of four (4) clauses
    Clause 1 seeks to amend the Customs and Excise (Duties and Other Taxes) Act, 1996 (Act 512) by the substitution for section 11 of a new section to enable advalorem rates of duty to be applied on specified goods.
    Clause 2 amends the First Schedule of the Customs and Excise (Duties and Other Taxes) Act, 1996 (Act 512) to impose import levy of 5 per cent of CIF value on poultry products, textiles and textile articles and 5 per cent import duty on mineral fibre and asbestos.
    Clause 3 makes provision for the advalorem excise duty regime by amending the Fifth Schedule to Act 512.
    Clause 4 repeals the Customs and Excise (Duties and Other Taxes) (Amendment) Act, 2007 (Act 739) and the Customs and Excise (Duties and Other Taxes) (Amendment) Act, 2008 (Act 758)
    Observations
    The Committee observed that the ad-valorem rates being imposed would apply to tobacco products, beer (and other than indigenous beer), wines (including sparkling wines), waters, tables (including mineral waters of all description), malt drinks (such as malta) and spirits (including akpeteshie).
    The Deputy Minister for Finance and Economic Planning, Hon Fifi Fiavi Kwetey explained to the Committee that the rational for the imposition of import levy on textiles and poultry products is to protect local producers of these products.
    Some members expressed concern about a possible inflationary impact from the potential rise in the prices of the affected products which they said could occur as a result of the imposition of the advalorem rates.
    Some members, on the other hand, expressed satisfaction at the imposition of the one hundred and forty per cent (140%) and twenty per cent (20%) advalorem rates of duty on cigarette and akpeteshie respectively, saying it will help cut down on the abuse of these products.
    6.0 Amendments Proposed
    T h e C o m m i t t e e r e s p e c t f u l l y recommends the following amendments to the Bill.
    Clause 2 -- Amendment Proposed -- Delete and insert the following:
    i. “The Principal enactment is amended in the First Schedule by the imposition on the goods specified in the third column, the rates of levy and import duty indicated in the fourth column
    ii. Long Title -- Amendment Pro- posed -- Line 1, between “to” and “the” insert “amend”
    7.0 Conclusion
    The Committee has dutifully examined the Bill and finds that its passage would help protect local producers and also rake in additional revenue for the development of the country.
    Chairman of the Committee (Mr. James K. Avedzi) 5:50 p.m.


    The Committee therefore recommends to the House to pass the Customs and Excise (Duties and Other Taxes) (Amendment) No.2 Bill, 2009 subject to the amendments proposed.

    Respectfully submitted.

    Question proposed.
    Dr. Anthony A. Osei (NPP -- Old Tafo) 5:50 p.m.
    Mr. Speaker, this, as the Chairman said, has been looked at by the Committee. [Interruptions.] Mr. Speaker, I thought that it is unparliamentary for Hon Members to be shouting “volume” like that, especially across the aisle. Mr. Speaker, I understand that my Hon Colleague just had banku for lunch. [Laughter]
    Mr. Speaker, the Committee has looked at this new provision that the Hon Minister has come back with. Some Hon Members, not on the Committee have proposed some amendments and when we come to that we would be able to speak on that, particularly since that Hon Member is not here.
    But generally, the Committee is
    satisfied with the rates that are being proposed as in the current amendment and we urge Hon Members to consider the amendments that are being proposed by the Committee.
    With those few words, I support the motion on the floor.
    Question put and motion agreed to.
    The Customs and Excise (Duties and Other Taxes) (Amendment) (No. 2) Bill, 2009 was accordingly read a Second time.
    Suspension of Standing Order 128
    (1)
    Deputy Minister for Finance and
    Economic Planning (Mr. Seth Terkpeh) (on behalf of the Minister for Finance and Economic Planning): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128 (1) which require that when a Bill has been read a Second time, it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Customs and Excise (Duties and Other Taxes) (Amendment) (No.2) Bill, 2009 may be taken today.
    Question put and motion agreed to
    .
    Resolved accordingly.
    BILLS -- CONSIDERATION 5:50 p.m.
    STAGE 5:50 p.m.
    Mr. Avedzi 5:50 p.m.
    Mr. Speaker, I beg to move, clause 2 delete and insert the following:
    “The Principal enactment is amended
    in the First Schedule by the imposition on the goods specified in the third column, the rates of levy and import duty indicated in the fourth column.''
    The purpose for this is that there is a mistake in the rate of levy on CIF for imported poultry products which is two per cent in the Bill, but should read five per cent. And imported textiles which is one per cent in the Bill should also read five per cent. So the Committee proposed
    this amendment.
    Question put and amendment agreed
    to. Clause 2 as amended ordered to stand
    part of the Bill. Clause 3 -- Fifth Schedule of Act 512
    amended.
    Mr First Deputy Speaker 5:50 p.m.
    Hon Members, we have an amendment in the Addendum at page 11, standing in the name of Hon Kwame Osei-Prempeh.
    Mr. Frederick Opare-Ansah 5:50 p.m.
    Mr. Speaker, the Hon Member is unavoidably absent from the Chamber and he has asked me to move this motion on his behalf.
    Mr. First Deputy Speaker 5:50 p.m.
    Kindly go ahead.
    Mr. Frederick Opare-Ansah (on behalf of Mr. Kwame Osei -- Prempeh) 6 p.m.
    Mr. Speaker, I beg to move, Clause 3 -- Schedule, tariff No. 4(1), water tables including mineral waters of all description, under “Rate of Duty” delete “20” and insert “10”
    Mr. Speaker, as we have said on several occasions in this House, water is life and we are talking here about imposing some charges which eventually will result in the increment in the cost of access to water and it is the belief that instead of charging 20, we should charge a rate of 10 and that
    is the reason for this amendment. .Mr. Terkpeh: Mr. Speaker, I wish to
    caution the House against this amendment because it may defeat the purpose for which we impose tariffs. I wish to remind Hon Members that this is an import duty and if the purpose is to protect our local industries that are engaged in the production of water then the effect of reducing the rate will be to make them uncompetitive. This is an import duty and therefore, in line with the common external tariff, we would not want to expose our local production which already pays tax to this type of reduction.
    Mr. Kwaku Agyeman-Manu 6 p.m.
    Mr. Speaker, I am a bit confused with the explanation the Hon Deputy Minister for Finance and Economic Planning is trying to give for the imposition of this particular tax. Mr. Speaker, some time back, you yourself will be a witness to the fact that if one went to any village with any type of packaged water, one was seen as an alien.
    Today, sachet water produced in our country is consumed in almost all villages. This is helping us to reduce or eliminate the incidence of guinea-worm in our country. Today, the taxes seek to impose 20 per cent duty on all types of packaged water -- [Interruption] -- yes, that is what is here.
    Mr. Speaker, what is the justification in imposing taxes on water that we do not even have adequate quantities in our country? We need to drink good water. We need to raise revenues at the same
    Mr. Opare-Ansah 6 p.m.
    Mr. Speaker, the reason offered by the Hon Deputy Minister is untenable. Indeed, if the intention was to put this on just imported water then it should have been very clear. As it were, if you go into -- [Interruption
    time. Let me call the Hon Minister for Communications. I will get back to you.
    Mr. Haruna Iddrisu 6:10 p.m.
    Mr. Speaker I will yield to the Deputy Minister and come afterwards with your -- [Interruption.]
    Mr. First Deputy Speaker 6:10 p.m.
    Hon Members, the noise at the background is too much. Hon Deputy Minister for Finance and Economic Planning, you have the floor.
    Mr. Seth Terkpeh 6:10 p.m.
    Mr. Speaker, let me apologize for not getting these points quite clear and for leading this House into this discussion. We are not talking about the literal meaning of water here, I must apologize. We are talking about the technical meaning of mineral water, which refers to soft drinks generally.
    Mr. First Deputy Speaker 6:10 p.m.
    Hon Minister for Communications?
    Mr. H. Iddrisu 6:10 p.m.
    Mr. Speaker, you may want to continue, I am doing some further consultations.
    Mr. First Deputy Speaker 6:10 p.m.
    Hon Members, we want some clarification so that we are very clear in our minds because I know that customs classification -- Customs code has certain technical meaning -- [Interruptions.] Let us be sure about the kind of water we are talking about. So I will call the Hon Ranking Member, who was former Deputy Minister for Finance, if he can be of help to the
    House.
    Dr. A. A. Osei 6:10 p.m.
    Mr. Speaker, I am not speaking in my former capacity, I want to speak in my current capacity.
    Mr. First Deputy Speaker 6:10 p.m.
    Hon Member, I am saying we need some guidance, we want to know, is it the literal meaning? You want to help the Chair to be sure. Is it the literal meaning or is it the Customs classification which is the technical meaning?
    Dr. Osei 6:10 p.m.
    Mr. Speaker, if you will give me the chance, I will explain the reasons that the Customs gave us.
    Mr. First Deputy Speaker 6:10 p.m.
    Very good.
    Dr. Osei 6:10 p.m.
    Mr. Speaker, when we asked that this part be clarified, we were informed by the Customs people that this includes malt, all minerals and bottled water, not including sachets, that is what they told us. So I was hoping that the Hon Deputy Minister would have clarified it further -- that is what the Customs persons told us.
    So we are working on the assumption that these are all minerals and -- [Interruption] -- including malt. And the water here, he said included bottled water not sachet, I think the burden is on the Hon Deputy Minister to reclassify it for us. [Interruptions.]
    Mr. Avedzi 6:10 p.m.
    Mr. Speaker, the expla- nation given to the Committee is exactly what the Hon Ranking Member has explained. The waters that is tabled including mineral waters of all description here refers to soft drinks, that is the mineral water. But the bottled water is the number two which is distilled bottled and other packaged waters; it is there, it is not sachet water. So the number one is for only soft drinks.

    SPACE FOR TABLE PAGE 233
    Mr. First Deputy Speaker 6:10 p.m.
    Hon Members, order! Let us listen to the Hon Member on the floor.
    Mr. Opare-Ansah 6:10 p.m.
    Mr. Speaker, if you go into the column where the rate of duty is specified, it says “20 per cent centum of the ex-factory price”. As we know, normally, duty is charged if it is referred to imported goods. We are talking of Cost of Insurance and Freight (CIF). So ex-factory here, the intention is very clear that is not talking about imported water. It is talking about locally manufactured pure water. Mr. Speaker, I would like the Hon Deputy Minister to come clean and accept our proposal so that we can make progress and move forward.
    Mr. Terkpeh 6:10 p.m.
    Mr. Speaker, I concede to the error in my earlier description. In talking about import duty, this is an excise based on ex-factory and traditionally, we have had a low rate on this and therefore, do support it.
    Mr. Haruna Iddrisu -- rose -- M r. F i r s t D e p u t y S p e a k e r 6:10 p.m.
    Before I come to the Hon Minister for CommunicationS, Hon Deputy Minister, now that you have conceded the error that it is not imported water, what is the rationale behind? Because the reason that you gave first then does not hold.
    Hon Deputy Minister, you take your
    Dr. Osei 6:10 p.m.
    Mr. Speaker, with respect, it may be useful at this stage for us to step this down and go and call the Customs people to come and give us the proper definition so that we are clear in our minds. The Customs Officer who came ought to be summoned here so that we get the right definition.
    Mr. Terkper 6:10 p.m.
    Mr. Speaker, having been a Customs Officer myself before, I feel competent to answer this question. With all due reverence to the Hon Member, this tariff classification has always been there and I did apologize to the House for my earlier mistake.
    We have always distinguished between mineral waters which refer to in, ordinary language, soft drinks from the ordinary water. It is the second one, it is not aimed at the ordinary water. The second one is the distilled bottled and other waters that is the reference to the ordinary meaning of water. The first one is referring to mineral waters, soft drinks. So that is it -- and this is what Customs have always implemented. This is a reproduction of the tariffs, so I feel that competent at this stage to clarify the question for the House.
    Mr. Opare-Ansah 6:10 p.m.
    Mr. Speaker, early today, the Hon Majority Leader made a point when we were at the Consideration Stage of the Interpretation Bill, about the need for us to make laws to which the ordinary person can relate.
    The substance of the proposed amendment does not really change with regard to changing from sachet water to water is water. So we do understand that you may be using it as a code but the substance of the amendment is to reduce the rate from twenty to ten. And I made the point earlier that the reason that the Hon Minister was proffering for trying to maintain twenty per cent was because he thought it was the duty on goods coming
    from outside to stabilize local market which is untenable and he has agreed to that.
    So clearly, we are not in contention here, over the amendment to bring it down from twenty to ten. What remains is probably at a later date, for the Hon Deputy Minister to come with the appropriate amendment to redefine what the element in this particular clause means so that the ordinary person can relate to it better.
    So if Mr. Speaker will agree with me
    you put the question on this one so that we can make progress.
    Thank you.
    Mr. Terkpeh 6:10 p.m.
    Mr. Speaker, there are two issues on the floor. I did concede to the fact that this is based on ex-factory and therefore, does not refer to import duty.
    Now, to return to the question of whether the rate should go down or not, the intention behind the amendment is that, it was referring to water, ordinary usage of water and I am making a decision that it is not referring to the ordinary meaning of water for which reason the twenty per cent ought to be maintained.
    And I did go forward to say that when one looks at the ordinary water which is generally consumed, it is not part of the Bill because item 2 refers to only distilled bottled and other packaged water. The essence of adding packaged water is for the avoidance of doubt in implementation of the Act.
    Mr. Speaker, so the Bill as it stands, I think is correct.
    Mr. First Deputy Speaker 6:20 p.m.
    What is your conclusion?
    Mr. Tekpeh 6:20 p.m.
    Mr. Speaker, my
    conclusion is that the Bill should stand as it is.
    Dr. Osei 6:20 p.m.
    Mr. Speaker, I had an earlier
    conversation with Mr. Osei-Prempeh, and his amendment had nothing to do with the definition of water. He was focusing on the rate on minerals, which he thought was too high. He was not relating to the definition of water at all as it is being expressed here. That will be dealt with if anybody proposes an amendment to clause 4 (2).
    He was referring to an issue that has been brought to his attention by the people in the minerals industry, that the rate is too high. So it is not a matter of the definition of the water at all. It is an issue of whether or not it is a higher rate or lower rate. And his intention is that he is proposing a lower rate.
    It is up to this House to decide whether or not we are in agreement with his definition of “high” or “low”; but not on the definition of the water. He accepts that.
    Mr. First Deputy Speaker 6:20 p.m.
    Hon Ranking Member, I think what pushed the debate to that side was the passionate submission made by the Hon Member for Dormaa West (Mr. Agyeman-Manu) which turned the debate in that direction, but I agree that what is here is with regard, whether it should be 20 per cent or 10 per cent, that is the crux of the matter.
    Dr. Osei 6:20 p.m.
    Mr. Speaker, the Hon
    Member for Dormaa West was asking me if he could propose an amendment, and I said it may be too late. So he needed a way to talk about this passion. If you were to give him the opportunity, he may be willing to introduce another amendment.
    rose
    Mr. First Deputy Speaker 6:20 p.m.
    Hon
    Members, I will take from you and then I will put the Question. I think we have had enough submissions on this matter.
    Mr. Haruna Iddrisu 6:20 p.m.
    Mr. Speaker, I need your guidance on this matter even before you put the Question.
    The Hon Opare-Ansah purports to be moving this amendment for and on behalf of the Hon Osei-Prempeh who is unavoidably not within this Chamber. The Hon Anthony Akoto Osei is beginning to impugn even the integrity of Hon Opare- Ansah as he seeks to move the motion. And Mr. Speaker, he raises an important issue.
    By our rules -- we should try to be forthright to offer an explanation whether on this side of the House or the other side that every amendment moved, we should give justification as to the basis of the amendment and what is informing the proposed amendment. This is because now, we are walking back and forth.
    When we heard Hon Agyeman-Manu made his submission, he was strong, he even referred to guinea-worm, that people will not have access to good drinking water, yet he knows that there is no relationship between minerals, as in malt and other issues and what he was saying. Now, Hon Opare-Ansah who moved the motion on behalf of Hon Osei-Prempeh -- [Interruption] -- the Hon Akoto Osei is now giving a different reason altogether. I think we -- [Interruption] --
    Mr. First Deputy Speaker 6:20 p.m.
    Hon
    Minister, the debate is whether it should take 20 per cent or 10 per cent. That is the crux of the matter; let us leave technicalities and which type of water
    Mr. First Deputy Speaker 6:20 p.m.


    and all those things. Let us leave it and let us listen.

    Hon Members , I intend to -- [Interruption]--I will now put the Question.

    Question put -- [Uproar.] [Interruptions.]
    Mr. H. Iddrisu 6:20 p.m.
    Mr. Speaker, we need
    Mr. First Deputy Speaker 6:20 p.m.
    Hon Members, there is only one amendment that we are discussing, so I am going to put the Question again -- [Uproar]-- Hon Members, I am going to put the Question again. [Uproar] --
    rose
    Mr. First Deputy Speaker 6:20 p.m.
    Hon
    Minority Leader, --[Uproar] --
    Mr. Kyei-Mensah-Bonsu 6:20 p.m.
    Mr.
    Speaker, I was in negotiation with the Hon Majority Leader on -- [Interruptions.] -- Mr. Speaker, I have been in negotiation with the Hon Majority Leader on a very important matter -- [Interruption.] --
    Mr. First Deputy Speaker 6:20 p.m.
    Very
    well, if you are not with us, I will -- [Interruption.]--
    Mr. Kyei-Mensah-Bonsu 6:20 p.m.
    Mr.
    Speaker, but at the point of entry, I heard a vote being taken, and Mr. Speaker, I think if a vote is taken and there is no motion for the decision, it cannot be arrested.
    Mr. Speaker, the first limb of the assignment has been completed, so we await the second limb -- [Interruption] -- as a natural process. So, Mr. Speaker,
    we want to hear from you what the next level should be.
    Mr. First Deputy Speaker 6:20 p.m.
    Hon
    Minority Leader, I have been in the Chair on this matter all along. If I listen to arguments on both sides and I know that one particular side is pushing for a particular direction and another side is also pushing for a particular direction and the responses show a certain direction, it really shows that my Question that I put, there is some confusion -- [Interruptions.]-- So, I will put the Question. [Some Hon Members: No! No!] I will put the Question -- [Interruptions.]
    Papa Owusu-Ankomah 6:20 p.m.
    Mr. Speaker, thank you very much. [Interruption.] Mr. Speaker, indeed, I know it is very, very difficult sometimes to sit in the Chair, put a Question to a vote for it to seem as if some people may not have understood the vote. It sometimes happens, but under our rules, there is an opportunity for any Member to ask for the reconsideration of any matter. In this particular matter, Mr. Speaker, with due respect, -- [Interruption.]
    Mr. First Deputy Speaker 6:30 p.m.
    Hon Members, I always take the views of both sides of the House into consideration in whatever I do. If it is the wish of the House that I put the second Question, I will do so.
    Question put and amendment negatived.
    Mr. Opare-Ansah 6:30 p.m.
    Mr. Speaker, I stand under Order 113 (2). I wish to request that we have a head count on this Vote.
    Thank you.
    Mr. First Deputy Speaker 6:30 p.m.
    Very well,
    you are rightly within your means; the rules allow it. You are challenging my
    opinion on the voice vote.
    Those in favour of the amendment stand up to be counted.
    Mr. Opare-Ansah 6:30 p.m.
    Mr. Speaker, after the voting has taken place, I have seen a minimum of three Hon Members walk in who did not take part in the Vote.
    Mr. First Deputy Speaker 6:30 p.m.
    Hon Majority Leader?
    Mr. Bagbin 6:30 p.m.
    Mr. Speaker, in view of the noise level and the apparent disagreement with your opinion, may I respectfully crave your indulgence to put the Question again? [Interruptions.] As Hon Papa Owusu-Ankomah said, there is always the possibility of revisiting this issue. [Interruptions.] We have the next opportunity of reconsidering this matter, so I will want us to stretch further, put the Question and if the Ayes have it, then it is a second opportunity of reconsidering the matter, then we can go on with the business because time really is far spent.
    Mr. First Deputy Speaker 6:30 p.m.
    Hon Minority Leader?
    Mr. Kyei-Mensah-Bonsu 6:30 p.m.
    Mr. Speaker, I think this apparent confusion centres on the rather inappropriate description of an item by the Deputy Minister for Finance and Economic Planning.
    Mr. Speaker, as for the direction of the voice vote, I believe that it was very clear and unquestionable. However, since this is a Bill of Government, Government is minded and purposed to impose this level of tax on mineral water which some believe would be a very unfortunate situation; the Government is minded and purposed to do that.
    Of course, the onus lies on Government and if the ruling Party and the members of the Party in Parliament are against the advice prophet and insist that that is what they want to do, the decision is theirs.
    Mr. Speaker, so the ball is in your court. Let them deal with themselves and Ghanaians as they wish.
    Thank you.
    Mr. First Deputy Speaker 6:30 p.m.
    Hon Majority Leader, did you listen to the submission of the Minority Leader? What do you have to say?
    Mr. Bagbin 6:30 p.m.
    Mr. Speaker, this is not a decision of Government yet, it is a decision of Parliament. What we do here is for Parliament, it is not Government; it is for Parliament.
    Mr. First Deputy Speaker 6:30 p.m.
    You are the Leader of the House and that is why we want to know the position of Parliament. In actual sense, it is a comedy of errors, right from ex-Factory to CIF, to water, to everything, to voice vote. -- [Interruption.]
    Mr. Bagbin 6:40 p.m.
    Mr. Speaker, I said you should put the Question again and let us take the voice vote.
    Mr. First Deputy Speaker 6:40 p.m.
    The
    Minority Leader is saying that if the Government that introduced the Bill, in spite of all the points they have raised, wants to push it so be it with Government. That is the point the Hon Minority Leader has made and that was why I called you, and you are saying that it is not the Government matter, it is Parliament.
    Mr. Bagbin 6:40 p.m.
    Yes, Mr. Speaker, you
    have put the Question and you listened to the voice vote and you really ruled. So we have gone beyond “this is Government”
    Mr. Bagbin 6:40 p.m.


    trying to push their agenda. We have gone far beyond that. So I am saying that, to support his point, it is only at the Second Consideration Stage that Government can have its way. But as of now, a ruling has been given.
    Mr. First Deputy Speaker 6:40 p.m.
    Very well,
    Hon Majority Leader thank you very much for your support in this matter. I really appreciate it. Let us make progress. When we continue and there are other matters to be raised, we can raise them.
    Mr. Frederick Opare-Ansah 6:40 p.m.
    Mr.
    Speaker, I beg to move, Schedule, tariff No. 5 C(c), Akpeteshie under “Rate of Duty”, delete 20 per centum of the ex- factory price” and insert ‘‘Free”.
    Mr. Speaker, insert “free”, as appears in the Order Paper on page 11 of the Order Paper Addendum.
    Mr. Speaker, as you are aware -- [Interruptions.] Mr. Speaker, akpeteshie as we are all aware -- [Interruption] -- I am talking about akpeteshie -- the poor man's drink, what they refer to as ogogoro. Mr. Speaker, other people call it Vc10, some call it kekabikyere wo ase -- and others call it enferere wase, others call it kill me quick. Mr. Speaker, this is the drink I am talking about -- [Interruptions.]
    Mr. Speaker, in this day and age where the general concensus is enkoyie, this is what the poor man at the end of the day, the day enkoyie will find solace in. Mr. Speaker, now, to add to the woes of the poor man, you are imposing a 20 per centum ex-factory price tax on akpeteshie, agogoro, kekabikyere wo ase, Vc10. Mr. Speaker, this is what motivated Hon Kwame Osei-Prempeh to file this amendment for and on behalf of the down- trodden members of our society, the common people of our society.
    Mr. Speaker, if you come to my constituency, I have a community called Jato, it is the biggest akpeteshie producing community in the entire country. This is what the people make their livelihood from and putting 20 per cent; tax on akpeteshie, ogogoro tax, is going to make the life of the people of Jato very difficult. That is why we are pleading with our Colleagues opposite to support this amendment so that the tax that they are proposing to impose on akpeteshie will be removed so that the ordinary people of this country can continue to buy akpeteshie free of charge [Hear! Hear!].
    Thank you, Mr. Speaker.
    Mr. Seth Terkpeh 6:40 p.m.
    Mr. Speaker, I wish
    to draw the attention of this Honourable House to the reasons for imposing excise duties, and which is why the they are imposed on only a selective number of commodities. They are imposed either on health grounds or they are imposed on environmental grounds.
    Therefore, it is for these reasons that we do have the excises as one will notice based on either health or environmental grounds. Nonetheless, even though akpeteshie is in the general category of spirits, what is regarded as spirits, given its local nature, the House will notice that the rate is at 20 per cent compared to the other forms of spirits which are at 22.5 per cent and 25 per cent.
    So it takes account of the fact that this is a locally brewed item, which is popular and at the same time, the law is being mindful of the health hazards that this commodity poses.
    Mr. Kwame Osei-Prempeh 6:40 p.m.
    Thank
    you, Mr. Speaker, for the opportunity to contribute.
    I am totally in favour of the amendment I proposed. So I want to make it clear that I am a Seventh Day Adventist and I do not drink. But that is not why people who will want to drink should be denied that pleasure.
    Mr. Speaker, in taxation, the very important aspect is the effect of the tax. Where does the tax fall? Mr. Speaker, a tax on akpeteshie is going to fall on the very poor society who cannot buy the Guinness that Hon Members who drink can buy; they cannot buy the beers which we can buy and they cannot buy all the other things we can enjoy.
    Mr. Speaker, they are seeking for the first time in this country to impose tax on akpeteshie to deprive the very poor people who voted for us to come here -- [Interruptions] -- the little enjoyment that they can have.
    Mr. Speaker, this tax is coming from a social democratic government -- [Interruptions] -- Mr. Speaker, we are increasing tax on rice, on oil and everything, yet we are Sitting for the first time in this country to impose a tax of 20 per cent on locally made akpeteshie. It will be the greatest injustice that we in this House will be doing the poor people who voted for us, if we allow this tax to stay.
    Mr. Speaker, I am urging all Hon Members to restrict themselves that majority of those who voted for them are the poor people who take Akpeteshie and therefore, we should all stand beyond partisan considerations and vote for this amendment to remove the tax of 20 per cent on akpeteshie.
    Mr. Speaker, I thank you once again for the opportunity.
    Mr. H. Iddrisu 6:50 p.m.
    Mr. Speaker, may I request of you, since it is in your bosom that there is order in this House so that --
    Mr. Speaker, I stand to oppose the
    proposed amendment and in doing so, I am pleasantly, pleasantly surprised that our Hon Colleagues from the other side and more importantly, a convert of the Seventh Day Adventist Church (SDA) will take opportunity of this august House to promote alcoholism.
    Mr. Osei-Prempeh 6:50 p.m.
    On a point of
    order. Mr. Speaker, first and foremost, he used the word, ‘‘convert,'' I am not a convert there.
    Secondly, my Hon Friend should know the difference between drinking and alcoholism. Not everybody who drinks is an alcoholic. Alcoholism is different from drinking. Somebody may take alcohol but that does not make him an alcoholic. That is different from alcoholism, so he must advise himself.
    Mr. Speaker, he must not insult people
    who drink. I do not drink but I must not make a law to say that nobody should drink and if somebody drinks, he must be caned or banned. That is never acceptable in a secular State like Ghana.
    He must take that on board --
    Mr. First Deputy Speaker 6:50 p.m.
    Hon
    Minister, continue.
    Mr. H. Iddrisu 6:50 p.m.
    Mr. Speaker, I was just drawing the House's attention to the purpose of the proposed 20 per cent to which this amendment is opposed to.
    Mr. Opare-Ansah 6:50 p.m.
    On a point of
    order. Mr. Speaker, the Hon Minister for Communications, a moment ago, said he was surprised that my Hon Colleague from Nsuta-Kwamang-Beposo was speaking to promote alcoholism. Mr. Speaker --
    Mr. First Deputy Speaker 6:50 p.m.
    Hon
    Minority Chief Whip, that is why I called him because he made an allusion to him and he has responded.
    Mr. Opare-Ansah 6:50 p.m.
    Mr. Speaker,
    I think it offends Order 93 (2). He is imputing impropriety. The motive of the Hon Member for Nsuta-Kwamang- Beposo was very clear. He is only seeking to reduce the burden on people who seek to purchase akpeteshie. [Interruption.] His only motive is to seek to reduce the burden on people who are buying akpeteshie, the down trodden ones.
    Unfortunately, the Hon Minister for Communications is seeking to impute that what the Hon. Member is seeking to do is to encourage alcoholism, and I think that is imputing improper motive to the Hon Member and he must withdraw it.
    Mr. Bagbin 6:50 p.m.
    Mr. Speaker, I just want
    all those who would want to behave like this politician I am going to mention to oppose this amendment. There is one politician who, when he suspects that the food that is given to him is unwholesome, he gives it to the children. Then the children complain, “but why, when you are not taking it, you say we should eat
    Mr. First Deputy Speaker 6:50 p.m.
    Hon Majority Leader, that is no point of order.
    Mr. H. Iddrisu 6:50 p.m.
    Mr. Speaker, I believe
    we need to make progress.
    I stand opposed to the amendment moved by Hon Osei-Prempeh and to add that if we were to stretch his argument further, then we could as well say that --
    Mr. First Deputy Speaker 6:50 p.m.
    Hon Minister for Communications, the Hon Minority Chief Whip, coming under Order 93 (2) is saying that you are imputing improper motive to the Hon Member for Nsuta-Kwamang-Beposo. What do you say to that?
    Mr. H. Iddrisu 6:50 p.m.
    Mr. Speaker, if that
    is what my comment is construed to be, I humbly withdraw that but I just meant to send a message that this House should not support an initiative which would promote free-for-all alcoholism and smoking on the basis of the imposition of excise duties.
    I thank you.
    Mr. First Deputy Speaker 6:50 p.m.
    Hon
    Members, I will take two on this matter and I will put the Question.
    Mr. Simon Osei-Mensah 6:50 p.m.
    Mr. Speaker,
    is the Hon Member for Tamale South and Minister for Communications trying to say that anybody who takes akpeteshie is an alcoholic? This is because from what he said, if there is tax on akpeteshie, it means we are trying to promote alcoholism. We simply mean that -
    Mr. First Deputy Speaker 6:50 p.m.
    Hon. Member, he has withdrawn the statement.
    Mr. Osei-Mensah 6:50 p.m.
    Mr. Speaker, no.
    The negative motive that he imputed on what Hon Osei-Prempeh said is what he has withdrawn. But he is still saying that if people take akpeteshie, then we are promoting alcoholism.
    He said that we are promoting alcoholism free-for-all. Is he trying to tell this august House and the people of this country and those people who take akpetshie, those in his constituency and my constituency, that anybody who drinks akpeteshie is an alcoholic? Is that what he is saying? Is that what he is telling Ghanaians?
    Is he saying anybody who takes akpeteshie and voted for him is an alcoholic? Is he saying that anybody who takes akpeteshie and voted for an NDC candidate is an alcoholic? Is he saying that anybody who takes akpeteshie and voted for Prof. Mills is an alcoholic?
    Mr. Speaker, is he also saying that people in Bosomtwe Constituency who voted for Hon Simon Osei-Mensah and take akpeteshie are alcoholics? Is he saying that all those who voted for us here and take akpeteshie are alcoholic?
    Mr. I. B. A. Fuseini 6:50 p.m.
    Thank you, Mr.
    Speaker, for giving me an opportunity to contribute to this motion on the floor of the House.
    Mr. Speaker, when we assemble here to debate motions on the floor of the House,
    Mr. Kyei-Mensah-Bonsu 7 p.m.
    On a point of order. Mr. Speaker, clearly, if an Hon Member proves beyond reasonable doubt that he is not in tune with what is going on in this House, he should not be heard.
    Mr. First Deputy Speaker 7 p.m.
    Well,
    Hon Member, address the amendment before us.
    Mr. Fuseini 7 p.m.
    Mr. Speaker, I am aware that no medical doctor has ever prescribed akpeteshie for the purposes of healing or killing a person. Mr. Speaker, I am also aware that Ghana, as a country, is condemning on a daily basis, the carnage on our roads, and they mention the fact that people take alcohol and they are in a state of inebriation when they drive and they cause accidents. Mr. Speaker, I am also aware that when I was growing up, there was a song which was sung to people -- [Interruption.]
    Mr. Opare-Ansah 7 p.m.
    Mr. Speaker, we
    are talking here about akpeteshie and I do not want to believe that my Hon Colleague has gone to taste it to see the effect so that he can come and contribute.
    Mr. Speaker, the Hon Member who
    proposed this amendment is a lawyer. I moved the motion on his behalf; I am an engineer. The Member gets up and says the one that sponsored this thing is a medical doctor.
    Mr. Speaker, if something has happened in the lobby or at the foyer and is
    Mr. Opare-Ansah 7 p.m.


    influencing him to make these comments [Laughter] -- Indeed, the sponsor of this whole Bill is the Minister for Finance and Economic Planning. And I do not know any of the three Ministers at that Ministry to be a medical doctor. In fact, we should not confuse the “doctor” against the name of the substantive Minister, Dr. Duffuor, to mean a medical doctor; I think he is a PhD.

    Mr. Speaker, I think the arguments have clearly been made by the Minister himself, that the object of this particular Bill is not to generate revenue for the country. He says it is hazardous and the Majority Leader has adequately indicated that they want people to stop drinking Akpeteshie. So I think Mr. Speaker, you can put the Question.

    Thank you.
    Mr. First Deputy Speaker 7 p.m.
    Hon
    Members, I am going to put the Question but before I do that, a statement has been made by the Hon Member for Nsuta- Kwaman-Beposo. I do not know that as a fact; I just want your guidance. Is it true that this is the first time tax is being imposed on akpeteshie? I do not know.
    Mr. Osei-Prempeh 7 p.m.
    Mr. Speaker, that
    is the result of a search I have made and I have had.
    Mr. Speaker, I am told that during the colonial time, it was prohibited. At that time, it was seized and destroyed. But ever since Independence, when it was still realized, no Government has imposed any tax on akpeteshie, with the exception of National Democratic Congress (NDC) Part Two [Uproar] Mr. Speaker -- [Interruptions.]
    Mr. Terkpeh 7 p.m.
    Mr. Speaker, as we have
    seen in the Bill, akpeteshie is classified among the general classification of spirits and it has always attracted excise duty.
    Mr. Kyei-Mensah-Bonsu 7 p.m.
    Mr.
    Speaker, I believe we have heard the arguments by the Deputy Minister for Finance and Economic Planning. The reason that he has proffered to us are twofold, that they are imposing the tax on akpeteshie; one, because the NDC Government recognizes that akpeteshie is a health hazard; and two, it is an environmental hazard and that is why it has come with this Bill. Mr. Speaker, that is the position of the sponsor of the Bill.
    On that note, put the Question; the people of Ghana will get to hear.
    Thank you very much.
    Mr. Bagbin 7 p.m.
    Mr. Speaker, the
    Dr. A. A. Osei 7 p.m.
    -- rose --
    Mr. First Deputy Speaker 7 p.m.
    Hon Ranking Member, I will give you the opportunity. Let us listen to the Majority Leader.
    Mr. Bagbin 7 p.m.
    Spirits including akpeteshie; (a) distilled or rectified -- the proof line of 22.5 per centum; (b) branded or compounded, 25 per centum of the ex-factory price; (c) others, for use solely in laboratories or in the compounding of drugs-free; (d) be measured to the satisfaction of the Commissioner, 10 per centum of the ex- factory price. Akpeteshie, 20 per centum of the ex-factory price. [Uproar.] So while the others are 22.25 per cent and 25 per
    cent, akpeteshie has been reduced to 20 per cent -- [Uproar.] That is it, it is there, 20 per cent.
    Dr. A. A. Osei 7 p.m.
    Mr. Speaker, with
    respect to the Majority Leader, what he has said has nothing to do with the purpose of the Bill. Mr. Speaker, the numbers we see here do not relate to what he is talking about.
    Mr. Speaker, the Minister came to this House and told us that they are now moving from specific to ad valorem, not reducing the rates. So what they did was to go back to the old ad valorem rates. It has nothing to do with reducing it from 25 per cent to 20 per cent.
    Mr. First Deputy Speaker 7 p.m.
    There was some levy on it.
    Dr. A. A. Osei 7 p.m.
    Specific tax.
    Mr. First Deputy Speaker 7 p.m.
    Specific
    tax.
    Dr. A. A. Osei 7 p.m.
    Yes, clause 3 - It is
    not from 25 per cent to 20 per cent, it was on Akpeteshie.
    Mr. Bagbin 7 p.m.
    Mr. Speaker, I have not even in my submission talked about reduction. I said akpeteshie was isolated from the rest. Please, if akpeteshie had not been removed, it would have attracted either the percentage of 22.25 per cent or 25 per cent, that is what is put on spirits. But I am saying that it has been isolated and that it is given 20 per cent. It is stated there.
    Mr. First Deputy Speaker 7 p.m.
    Hon Members, Leadership, can you not come into compromise on this matter? [Interruptions.] Hon Members, I am going now to put the Question.
    Question put and amendment negatived.
    Clause 3 as amended ordered to stand part of the Bill.
    Mr. Kyei-Mensah-Bonsu 7 p.m.
    Mr. Speaker, this vote as well as the earlier one taken on mineral water, is very significant that the Government of a social democratic party has imposed this tax on water and akpeteshie. Mr. Speaker, the good people of this country will take note at the appropriate time.
    Long Title --
    Mr. Avedzi 7 p.m.
    Mr. Speaker, I beg to move, Long Title -- line 1, between “to” insert “amend”so that the Long Title will read: “An Act to amend the customs and excise . . .” so that the rendition can be very well understood.
    Question put and amendment agreed to.
    The Long Title as amended ordered to stand part of the Bill.
    .
    Mr. First Deputy Speaker 7 p.m.
    Hon
    Members, that brings us to the end of the Consideration Stage.
    Suspension of Standing Order 131 (1) and (4)
    Deputy Minister for Finance and Economic Planning (Mr. Seth Terkpeh) (on behalf of the Minister for Finance and Economic Planning): Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131 (1) and (4) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least twenty-four hours have elapsed, and that the Third Reading of a Bill shall not be made on the same day as the Second Reading, except urgent Bills, the motion for the Third Reading of the Customs and Excise (Duties and Other Taxes) (Amendment) (No. 2) Bill, 2009
    Mr. First Deputy Speaker 7 p.m.


    may be moved today.
    Mr. J. K. Avedzi 7 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- THIRD READING 7 p.m.
    Mr. First Deputy Speaker 7 p.m.
    Hon Majority Leader, is the Report on the Appropriation Bill ready?
    Mr. Bagbin 7:20 p.m.
    Mr. Speaker, the Report is ready but I want us to take the motions on the Ghana Revenue Authority Bill. They are just very short proposals from the Chairman of the Committee and we need to pass this Bill in order to establish the Authority to start rationalizing, co- ordinating tax collections in the country from next year. So I plead that we go to item number 29 at page 12 of the Order Paper before we do the Appropriation Bill.
    Mr. Kyei-Mensah-Bonsu 7:20 p.m.
    Mr. Speaker, I can understand the motive behind the suggestion by the Hon Majority Leader. But Mr. Speaker, if one considers what we have before us, it is a major Bill that Government is introducing and we need to be very clear in our minds what it is that we would be doing.
    Mr. Speaker, the amendments alone have been filed on 10 pages of the Order Paper and I am not too sure that the Hon Majority Leader can, on his oath, put his hand to his chest and tell us that we will
    be able to finish this Bill.
    Mr. Speaker, we cannot. I understand the principle behind what is being done, but Mr. Speaker, even at the supersonic speed that we have been operating, we cannot, by any stretch of imagination conclude this. And it will not be good to start and leave it hanging, so I will plead with the Hon Minister for Finance and Economic Planning to let us suspend this matter so that when we come, maybe, the first thing that we would do upon our entry into Parliament, would be to consider this. I want to plead with him to indulge us because it is just too much. What is involved is just too much.
    Mr. First Deputy Speaker 7:20 p.m.
    Hon
    Majority Leader, what is your response to --
    Mr. Bagbin 7:20 p.m.
    Mr. Speaker, it is only seven pages; it is not ten pages -- [Interruptions.] It is only seven pages and the amendments are proposed for only 10 clauses for the easy and quick approval of Hon. Members and it is part of the main issues that we are to consider. It is part because of the E-Governance issue, it is part of it. We are expected to establish the Authority early next year, which he knows. It is part of it, it is in the E-Governance package.
    Mr. Kyei-Mensah-Bonsu 7:20 p.m.
    Mr.
    Speaker, first of all, it is most untrue that the amendments have been filed on seven pages. It is most untrue. The Hon Majority Leader would need to count the number of pages. It is most untrue that they have been filed on seven pages. And if you look at the volume and the understanding that would have to go with the clauses, Mr. Speaker, let us not impose on ourselves what we cannot achieve. I understand the principle behind what is being done. I agree -- [Interruptions] -- It is not seven, it is nine -- Yes, look at them, nine pages.
    Mr. Speaker, so I would want to plead
    with the Ministry, if we have to find some space to do it at their convenience we would do it, but certainly, not at this time of the day. It is past 7.00 o'clock, The Appropriation Bill is yet to be passed and they are saying that we should commence a Bill? Mr. Speaker, that would be most unkind to this House.
    Mr. Hackman Owusu-Agyemang 7:20 p.m.
    Mr. Speaker, I think we must heed -- there is a limit to human endurance? After The Appropriation Bill, the Leaders are going to speak and your goodself is going to make a speech. Mr. Speaker, you do not want to have an emergency on your hands. We are tired, and I believe that we should go to The Appropriation Bill. If The Appropriation Bill is not ready, let the Leaders give their speeches and then we can do the Appropriation Bill later.
    Mr. Speaker, we have been here since morning, since about 8.00 o'clock and by the time we finish -- [Interruption..] --Do you want an emergency on your hands? Give us some time to have some respite. I think that we cannot really take this thing; and we must do a thorough job.
    Whoever is asking us as a precondition to do this, wants us to do a very good job so that it does not come back the following day for amendments and adjustment.
    Mr. Speaker, hear us, we are the people doing it, we are tired. We cannot go on with that. We will do it first thing when we return from recess. It is too much. Otherwise, we may not do a good job.
    Mr. Speaker, what may happen is precisely what happened this evening, when you asked them, they voted against it and if the Chair had not been very friendly, they would have lost. Mr. Speaker, because they are so tired, they could not even understand the Question you put. The Hon Leader is not even listening; they could not understand the Question the Speaker put and they still want us to go on. Then the next time we
    will be so confused that everything will get confused.
    Mr. Speaker, I beg to support my Hon Leader that we put that for the first week of the next Meeting, please.
    Mr. First Deputy Speaker 7:20 p.m.
    Hon
    Members, you know that I even called for The Appropriation Bill earlier -- but I proposed that we take the Second Reading and suspend it and go to The Appropriation Bill -- [Interruptions] -- Let us do the Second Reading of that Bill and then we suspend it -- [Interruptions.] Yes, only the Second Reading. Let us do the Second Reading and then we go to The Appropriation Bill -- [Pause.]
    Hon Majority Leader, I propose that we do the Second Reading and then we suspend it and go on to take The Appropriation Bill. At that level, we can consult among ourselves, if that ends it, then we take it at that level and we close.
    Mr. Bagbin 7:20 p.m.
    Mr. Speaker, I want
    to agree with you; we should just take only the Second Reading of the Ghana Revenue Authority Bill and then move on to The Appropriation Bill. I can see physical exhaustion, and I can read the mood of the House. So we will not take the Consideration Stage, we will just do Second Reading and go to The Appropriation Bill -- [Interruptions] -- only the Second Reading.
    Mr. Owusu-Agyemang 7:20 p.m.
    Mr. Speaker,
    it is the Second Reading that we discuss the principles of the Bill. That is where we have to have the clear mind to think and discuss the principles, not at the Consideration Stage. So Mr. Speaker, what you are doing is counter-productive. I have put it to you that the people were so confused that when you put the Question, they did not understand, and you still insist we must go on. Let us take The Appropriation Bill.
    The Second Reading is where we

    must have clear thoughts and discuss the principles, not now. And so I beg to move, that we move to The Appropriation Bill till we finish. The first week, when we come next time, we will do it.

    The Hon Leader himself is yawning. He is tired. [Interruption.] Yes, I saw him, he was yawning; he was confused, so he voted the wrong way. And now, he wants to - Does he want to kill us or what? Mr. Speaker, no.

    Mr. Speaker, please, let us go to The Appropriation Bill and leave this for another time.
    Mr. First Deputy Speaker 7:30 p.m.
    Hon Majority Leader, are we doing the Second Reading or we should go the Appropriation Bill?
    Some Hon Members 7:30 p.m.
    Monday!
    Monday!
    Mr Kyei-Mensah-Bonsu 7:30 p.m.
    Mr.
    Speaker, I ask that some consultation be done because certainly it is not possible today. And I would plead that we move to The Appropriation Bill. I have already given the signal that if it is absolutely necessary that we do this, before the close of the year, the Hon Minister for Finance and Economic Planning could link up with us and we could create some space to do it before the year comes to a close. That, with the necessary consultation, could be done.
    Mr. First Deputy Speaker 7:30 p.m.
    Hon
    Members let us go -- All right, very well, Hon Majority Leader?
    Mr. Bagbin 7:30 p.m.
    Mr. Speaker, I then would
    want to plead with Hon Members to allow us take this Resolution before going to The Appropriation Bill. We will not take the Second Reading of the Ghana Revenue Authority Bill. But on page 7, I have just been briefed that the motion on page 7, motion 17 and resolution 18 -- to keep alive this issue of double taxation.
    Mr. First Deputy Speaker 7:30 p.m.
    Hon
    Chairman of the Finance Committee, item number 17 on the Order Paper?
    MOTIONS 7:30 p.m.
    Chairman of the Committee (Mr. J. K. Avedzi) 7:30 p.m.
    Mr. Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Convention between the Republic of Ghana and the Swiss Confederation for the avoidance of double taxation and the e prevention of fiscal evasion with respect to taxes on income and capital gains.
    Mr. Speaker, in doing so, I present your Committee's Report.
    1.0 Introduction
    The Convention between the Republic of Ghana and the Swiss Confederation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains was laid in the House on Tuesday, 8th December, 2009 and referred to the Finance Committee for consideration and report in accordance with the Constitution and Standing Orders of the House.
    The Committee subsequently met and discussed the convention with the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh and officials from the Ministry of Finance and Economic Planning and hereby presents this Report.
    2.0 Background
    Ghana has enjoyed excellent bilateral relations with Switzerland for many years. Switzerland is ranked among the five largest investors in Ghana over the last ten years. There is, therefore, a lot of untapped potential in bilateral economic exchanges between Ghana and Switzerland.
    The Convention entered into by the two countries will contribute significantly to making business activities in both contracting States more profitable.
    The Convention has been negotiated and concluded taking into account changes that have taken place in the legal taxation environment since 1994 and the need to eliminate situations where income from one of the treaty countries will be taxed twice, that is, in both contracting States. The Convention applies to persons, including corporate entities, who are resident of one or both of the contracting States.
    3.0 Purpose of the Convention
    The purpose of the Convention is to avoid double taxation of individuals and corporate bodies who are resident in either Ghana or Switzerland or both countries and also to prevent fiscal evasion with respect to income tax and capital gains tax.
    4.0 Contents of the Convention
    Some of the significant features of the Convention include:
    Taxes to be withheld in the country of source on income payable to non-residents are as follows:
    Dividends -- 5 per cent on the gross amount of dividends (if the beneficial owner is a company which holds directly at least 10 per cent of the capital of the company paying dividends);
    and 15 per cent on the gross amount of dividends in all other cases.
    Interest -- shall not exceed 10 per cent on the gross amount of interest.
    Royalties -- shall not exceed 8 per cent of the gross amount.
    Service Fees (management fees) -- shall not exceed 8 per cent of the gross amount.
    For the purposes of the Convention, a building site, or construction, installation or assemble project will constitute a
    permanent establishment for purposes of taxation (after 9 months of signing the Convention).
    Also, the rates prescribed above would apply only where the beneficiary of these payments is a resident of the other contracting State.
    The Convention also covers taxation of proceeds from shipping an air transport business in international traffic.
    5.0 Observations
    The Committee observed that the taxes which are subject of the convention are
    (a) In the case of Ghana,
    (i) Income Tax; and
    (ii) Capital Gains Tax.
    (b) In the case of Switzerland,
    The federal, cantonal and communal taxes:
    (i) On income (total income, earned income, income from capital, industrial and commercial profits, capital gains, and other items of income); and
    (ii) On Capital (total property, movable and immovable property,
    business assets, paid-up capital and reserves, and other items of capital).
    It was noted that after the date of signature, the Convention shall apply to any identical or substantially similar taxes which are imposed by either contracting State.
    The Committee was informed that the Convention should not only be looked at in terms of tax benefits but also of the potential to encourage more investment from Switzerland into Ghana. Such increase in investment would help create more employment and boost economic activity in the country.
    Dr. A. A. Osei (NPP -- Old Tafo) 7:30 p.m.
    Mr. Speaker, I beg to second the motion and to also urge all other Hon Members to support it.
    Mr. Speaker, the urgency of this one is that, having worked on it for a year, if it is not passed at this time, it will be late for about a year and the benefits will not accrue.
    So, for that reason, since it is not controversial, we urge Hon Members to approve of the motion.
    Question put and motion agreed to.
    RESOLUTIONS 7:30 p.m.
    Minister for Finance and Economic Planning (Dr. Kwabena Duffuor) 7:30 p.m.
    Mr. Speaker, I beg to move, that
    WHEREAS by the provisions of article 75 of the Constitution, any
    treaty, agreement, or convention executed by or under the Authority of the President in the name of Ghana is made subject to ratification either by an Act of Parliament or by a resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament.
    IN ACCORDANCE with the said article 75 of the Constitution the President has caused to be laid before Parliament through the Minister responsible for Finance and Economic Planning, the Convention between the Republic of Ghana and the Swiss Confederation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital gains on 18th December
    2009.
    N O W T H E R E F O R E , t h i s Honourable House hereby resolves to ratify the said Convention between the Republic of Ghana and the Swiss Confederation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital gains.
    Mr. J. K. Avedzi (NDC -- Ketu North) 7:30 p.m.
    Mr. Speaker, I beg to second the mortion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr. Fist Deputy Speaker 7:30 p.m.
    Hon Majority Leader, item 48, is that right?
    Mr. Bagbin 7:30 p.m.
    Mr. Speaker, after consulting the Ministry of Finance and Economic Planning, they agreed that we should take item 47, a procedural motion, before we go to item 48.
    Mr. First Deputy Speaker 7:30 p.m.
    Thank you very much.
    Hon Minister, motion number 47?
    Suspension of Standing Order 80 (1)
    Minister for Finance and Economic Planning (Dr. Kwabena Duffuor) 7:30 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the Second Reading of the Appropriation Bill (No. 2), 2009 may be moved today.
    Mr. J. K. Avedzi (NDC -- Ketu North) 7:30 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- SECOND READING 7:40 p.m.
    Minister for Finance and Economic Planning (Dr. Kwabena Duffuor) 7:40 p.m.
    Mr. Speaker, I beg to move, that The Appropriation Bill (No. 2), 2009 be now read a Second time.
    The object of this Bill is to provide for appropriation for 2010. This accords with the constitutional requirement under article 179 (2), that estimates of expenditure of public offices and public corporation shall be included in The Appropriation Bill to be introduced in Parliament to provide for the issue of funds from the Consolidated Fund to meet Government expenditure.
    I so move, Mr. Speaker.
    Chairman of the Committee (Mr. James K. Avedzi) 7:40 p.m.
    Mr. Speaker, I beg to second the motion and in doing so, I present your Committee's Report.
    1.0 Introduction
    The Appropriation Bill for the 2010 financial year was presented and read the First time in the House on Friday, 18th December, 2009 and referred to the Finance Committee for consideration and report in accordance with article 179 (2) of the Constitution and Standing Orders of the House. This followed the presentation of the Budget Statement and Economic Policy of the Government for the 2010 Financial Year by the Minister for Finance and Economic Planning, Hon Dr. Kwabena Duffuor.
    The Committee met and considered
    the Bill with the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh and officials from the Ministry of Finance and Economic Planning and hereby submits this Report in accordance with article 106 (5) of the Constitution.
    2.0 References
    In examining the Bill, the Committee
    referred to and/or was guided by the following:
    The 1992 Constitution of the Republic of Ghana; The Budget Statement and Economic Policy of the Government of Ghana for the 2010 Financial Year; and
    Reports of parliamentary committees on the 2010 Annual Estimates of Ministries, Departments and Agencies (MDAs).
    3.0 Background Information
    Pursuant to art icle 179 of the Constitution, the Minister for Finance and Economic Planning acting on the authority of His Excellency the President, has requested the House to approve and authorize the withdrawal of monies from the Consolidated Fund and for the withdrawal from other funds for the running of the State during the financial year commencing on the 1st day of January, 2010 and ending on 31st December, 2010.
    -- 7:40 p.m.
    Dr. Anthony A. Osei (NPP -- Old Tafo) 7:40 p.m.
    Mr. Speaker, before I make my contribution, I had to step out, so I confess I did not hear everything that the Hon Chairman said. But I suppose that the Hon Chairman explained why it is important that we pass The Appropriation Bill on the basis of what the Committee did.
    Mr. Speaker, it is obvious what the Appropriation Bill seeks to do. Without that, the Minister does not have any authority to start spending from the beginning of January 2010.
    The Committee went through all the key numbers and on the basis of the decisions of this House -- [Interruption]-- we think that we have checked through all the numbers and they are in accordance with the decisions this House has already taken.
    The amendments are in order and they were discussed fully with the Hon Deputy Minister for Finance and Economic Planning. So we do not anticipate any such problems.
    With those few words, Mr. Speaker, I urge all Hon Members to support the Report of
    the Committee, with the understanding that the Hon Majority Leader is in a position to do what he is supposed to do. That is the discussion that we had outside.
    Prof. G. Y. Gyan-Baffour (NPP -- Wenchi) 7:40 p.m.
    Mr. Speaker, I do not know whether it is this Bill that we are looking at, if it is this Bill, the paragraph on the figures under Internally Generated Funds (IGFs), [Interruption] -- The Hon. Member said they had checked all the figures. But what I see here is 595,700 -- [Interruption] -- There is an amendment? All right.
    Thank you. Question put and motion agreed to.
    The Appropriation Bill was accordingly read the Second time.
    Suspension of Standing Order 128 (1)
    Dr. Duffuor 7:40 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128 (1) which required that when a Bill has been read a Second time, it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of The Appropriation Bill (No. 2) 2009 may be taken today.
    Mr. Avedzi 7:40 p.m.
    Mr. Speaker, I BEG to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- CONSIDERATION STAGE 7:40 p.m.
    Mr. First Deputy Speaker 7:40 p.m.
    Chairman of the Committee, where are your amendments?
    Mr. Avedzi 7:40 p.m.
    Mr. Speaker, the amendments are in the Report.
    Mr. First Deputy Speaker 7:40 p.m.
    Have have not filed them in the Addendum Order Paper?
    Mr. Avedzi 7:40 p.m.
    No, Mr. Speaker, they are not in the Addendum Order Paper.
    Mr. First Deputy Speaker 7:40 p.m.
    Very well, I just wanted to be sure.
    Clause 1 -- Sums of money to be issued from the Consolidated Fund for 2010 Financial Year.
    Mr. Avedzi 7:40 p.m.
    Mr. Speaker, I beg to move, clause 1, lines (3) and (4), delete “eight pesewas” in words and the figures in brackets and insert the figures in brackets. The purpose of this is that the total of appropriation proposed has .08 at the end and that we had early on approved the Other Government Obligations'' which do not have any pesewas. So if we approve the figure, it means that we have to go back and amend the Report for the “Other Government Obligations.” We want to avoid that, so we have to amend this one. So we are removing the .08 pesewas from the figure in clause 1.
    Dr. Osei 7:50 p.m.
    Mr. Speaker, I have no objection to the amendment.
    Question put and amendment agreed to.

    Clause 1 as amended ordered to stand part of the Bill

    Clause 2, Internally Generated Fund.
    Mr. Avedzi 7:50 p.m.
    Mr. Speaker, I beg to
    move, Clause 2 -- delete GH¢595,700.00 in words and f igures and insert GH¢595,700,000 in words and figures
    Mr. Speaker, the reason is that, the Internally Generated Fund that is being retained is GH¢595,700,000 but in the Bill, it was GH¢595,700. So we are deleting the whole thing and replacing it with the correct figure.
    Question put and amendment agreed to
    .
    Clause 2 as amended ordered to stand
    part of the Bill.
    Clause 3 -- Highly Indebted Poor Country Fund.
    Mr. J. B. Aidoo 7:50 p.m.
    Mr. Speaker, even though from the Report, I beg to move, clause 3, delete the figure GH¢209, 312, 00 and insert GH¢261,640,00.
    Mr. Speaker, for HIPC Fund, we are expecting a total of GH¢261,650,000.00. M u l t i l a t e r a l d o n o r s u p p o r t i s GH¢131,600,000 and bilateral donor support, GH¢130,005,000. Together, that gives us a total of GH¢261,650,000. Mr. Speaker, this had been disbursed and the allocation can be found in the Budget Statement, page 357, appendix 10 (b), that is, HIPC allocation for 2010.
    Mr. Speaker, when we take the sum total of the figures there, even though the amount for District Assemblies -- There is a wrong figure there because there is a discrepancy in the figure that had been provided. When we put in the right figures, it should give us a total of GH¢261,640,000. In the Bill, the amount that has been indicated is GH¢209,312,000. This gives a shortfall, that is, a difference of GH¢52,328,000.
    Mr. Speaker, with respect, I want us to consider the right figure that has been provided in the Budget Statement so that it corresponds to what we have in the Bill.
    Mr. Speaker, I beg to propose this amendment.
    Dr. A. A. Osei 7:50 p.m.
    Mr. Speaker, I just had a discussion with the Hon Deputy Minister. The GH¢209,312,000 is the amount that will go to the Ministries. The GH¢52,328,000 will be captured under domestic debt payment. So that is where the GH¢52,328,000 difference
    is coming from. So it is all right with the GH¢209,312,000. Otherwise, there will be a problem. Domestic debt is the difference. We just had a discussion towards that. So if we put “126”, there will be double counting.
    Mr. First Deputy Speaker 7:50 p.m.
    Very well, In view of the explanation clause 3 is ordered to stand part of the Bill.
    Clause 3 ordered to stand part of the Bill.
    Cause 4 ordered to stand part of the Bill.
    Clause 5 -- Payment of money on authorization.
    Mr. Avedzi 7:50 p.m.
    Mr. Speaker, I beg to move, clause 5, line 6, delete “eight pesewas” and the figures in brackets and insert the figures in bracket.
    Mr. Speaker the reason is for this to correspond with clause 1 as we amended early on.
    Dr. A. A. Osei 7:50 p.m.
    Mr. Speaker, I have
    no objection.
    Question put and amendment agreed to.
    Clauses 5 as amended ordered to stand part of the Bill.
    Clauses 6 and 7 ordered to stand part
    of the Bill
    Mr. First Deputy Speaker 8 p.m.
    Hon Members, we have an amendment standing in the name of Hon William Ofori-Boafo in the Addendum to the original Order Paper.
    New clause --
    Mr. W. O. Boafo 8 p.m.
    Mr. Speaker, I beg
    to move, add a new clause as follows:
    “Authority to reduce approved Estimates
    For the avoidance of doubt, any expenditure, retention or utilization of the sums of money authorised pursuant to the provisions of this Act shall not be reduced by any person or authority without the prior approval of Parliament by an ordinary resolution passed in that behalf.”
    Mr. Speaker, under article 179 (8) of the Constitution, there is a provision which requires that whenever there is insufficiency in the estimates or there is unforeseen expenditure under the estimates -- if there is the need to provide the insufficiency and the unforeseen expenditure, it must be laid by supplementary estimates before Parliament. So this is catered for in the case of increases.
    But we have a lacuna and that is in respect of where there is the need to reduce any amount, any approved level of the estimates. That is precisely the mischief which the proposed amendment seeks to correct or provide. Mr. Speaker, the proposed amendment is to check the unilateral reduction of approved estimates by any person or authority and there is a world of difference between unilateral reduction and the inability to provide the funds as a result of lack of funds.
    We are talking of a situation where the Ministry will issue a circular to the MDAs that the votes for Items 3 and 4 have been reduced by so much percentage without resorting to Parliament which originally authorized that expenditure. This is a way of telling the Executive that Parliament should be respected.
    We want to assert our authority over the purse of this country, over the national purse. If there is the need, if the need

    should arise for the Hon Minister for Finance and Economic Planning to reduce any approved estimates, he should come back to Parliament for approval before he can go ahead.

    This is the rationale behind the proposed amendment.
    Mr. Haruna Iddrisu 8 p.m.
    Mr. Speaker, I beg to oppose --
    Mr. First Deputy Speaker 8 p.m.
    Hon
    Member, how do you reconcile your amendment with clause 1, which we have agreed to. Clause 1, which we have agreed to because an amendment should not be inconsistent -- a proposal should not be inconsistent with the clause that has been agreed to under the rules.
    Mr. Boafo 8 p.m.
    Mr. Speaker, clause 1
    seeks to provide that they are to spend the amount not exceeding -- that is the maximum. The proposed amendment seeks to invite the House to look at the situation where they are reduced. In case the Ministry wants to exceed, they will have to come to Parliament. In case they want to reduce, not arising out of the inability to provide the funds, but what we are trying to seek the House to do, is that we want to stop the Ministry of Finance and Economic Planning from sitting in that Ministry and unilaterally reducing the approved estimates.
    Mr. First Deputy Speaker 8 p.m.
    Hon Member, I think your amendment is well intentioned. But if you look at clause 1, it is only telling them that they can spend up to a certain amount not exceeding -- so the clause 1, in a way, tells them that they can spend less, than the amount approved by Parliament. And as you rightly said, if they want to spend more, there is a provision in the Constitution by way of Supplementary Estimates. But what we have agreed to in clause 1 says that, you
    cannot spend beyond a certain level. But by inference, it means that you can spend less than that amount.
    Papa Owusu-Ankomah 8 p.m.
    Mr. Speaker, I appreciate the point being made by the Hon Member for Akropong (Mr. W.O. Boafo). I think his apprehension is that, even though there is a maximum, as among the various Ministries, if it is still the maximum, who determines what percentage a Ministry should get, I think that is the problem and because we are not finance people, probably, the Hon Finance Minister could explain to us.
    For instance, you have an Appropriation Bill which says we are authorized to spend a sum not exceeding two million. The two million is distributed among MDAs in a certain proportion. Assuming we spend only one million, will it be the same proportion or some Ministries may get the maximum, while others may get only 20 per cent? I think that is really the mischief which the Hon Member from Akropong seeks to remedy with this amendment.
    I am saying this because he discussed it with me and I said, really because there is a maximum, there is no need for the amendment. But his fear is that, yes, “I agree with you but it should not be the Minister for Finance and Economic Planning to determine that out of the 75 per cent that we are spending, ‘A' should have about 75 per cent of what is due while another will get 30 per cent”. That is his problem, so if the matter could be explained.
    Mr. Speaker, I believe that is the point my Colleague is making.
    Mr. First Deputy Speaker 8 p.m.
    Hon
    Member, why I want clarification before I put the Question, for a very good reason is that, these are only estimates. Much depends on what comes into the kitty, so if for purposes, for any particular period, the amount that comes is about 75 per cent of what is here, what do we do? So
    that is why we have to get these things done before we -- it is because all that we are doing is estimates, it is contingent upon revenue coming into the kitty. So if the revenue does not come into the kitty, what happens? That is the difficulty and that is why from practical purposes and from experience, there is a difficulty and we have to solve it.
    But I believe that what he is trying to achieve is very good and I will always err on the side of Parliament to steady the hands of Parliament so that as much as possible, monies approved by the House are made available to the MDAs. But when the money itself does not come in, then this amendment poses a challenge. That is the practical difficulty.
    Mr. Haruna Iddrisu 8:10 p.m.
    Mr. Speaker, I believe that the intentions of my Hon Colleagues are sound. Mr. Speaker, but the issues he is contemplating, are rightly dealt with under article 179 (8) of the Constitution, which makes reference to the availability of the Minister for Finance and Economic Planning always coming back with supplementary estimates, when he finds funds to be insufficient or there is an exigency where he has to spend more-- he can only come through it. If you go further to my Hon Colleague's amendment, he says, for instance, in the last three lines:
    “Shall not be reduced by any person or authority without the prior approval of Parliament …”
    Mr. Speaker, that in my opinion, would suggest even a review of the Appropriation Act. When we do the Appropriation Act, we do on the assumption that there is an envelope of revenue and expenditure. Government would prioritize
    its expenditure.
    I believe that if we go with his amendment, we will be tying the hands of the Minister for Finance and Economic Planning in terms of complying with respect to the Appropriation Act. So I will urge him to withdraw it, so that we can make progress.
    Mr. Speaker, admittedly, the Hon Minister for Finance and Economic Planning can take note that Parliament is concerned and that as and when it is appropriate, they should offer an explanation to this House why they are unable to do so. Mr. Speaker, I believe, they can always come through supplementary estimates as provided for under article 179 (8) of the Constitution.
    Mr. First Deputy Speaker 8:10 p.m.
    Hon Dr.
    Akoto Osei,-- [Pause.]--
    Dr. A. A. Osei 8:10 p.m.
    Mr. Speaker, I am not
    a party to this particular amendment -- [Laughter] -- and I want to reserve my comments at this point till I hear from my Hon Colleagues.
    Mr. First Deputy Speaker 8:10 p.m.
    Very well,
    thank you very much. Yes, Hon Osei- Prempeh, then Hon Muntaka.
    Mr. Kwame Osei-Prempeh 8:10 p.m.
    Mr. Speaker, I believe that the amendment being proposed by our Hon Colleague is very sound. Mr. Speaker, it seeks to strengthen the oversight responsibility of Parliament.
    Mr. Speaker, we approve the moneys for the various MDAs, the Minister for Finance and Economic Planning sits in the Ministry and decides that for Ministry “A”, I am cutting 20 per cent; for another Ministry, something is adjusted. In fact, from all indications, some Ministries suffer more than the others.
    Mr. Speaker, I believe that what we are
    Mr. Kwame Osei-Prempeh 8:10 p.m.


    seeking to do is that the Hon Minister has the right to do that, but if he wants to do that, he should come to Parliament and let Parliament know.

    Mr. Speaker, if you go to article 179 (2) (b) -- [Pause] --Appropriations which are charged on the Consolidated Fund are laid in Parliament, for the information of Parliament, which means that it has to be intact, Parliament has not got power to cut. So when we give it, we expect the Minister to give these moneys to the various MDAs whose expenses are charged on the Consolidated Fund.

    But if he goes and he has a difficulty and cannot comply with the constitutional requirement, the best thing for him to do is to come to Parliament and say that, well, you gave me the power to go and spend so much -- I should give this Ministry so much, but there are difficulties and therefore, for your information, we are cutting 10 per cent, we are cutting 20 per cent. That will always keep Parliament in tune with what is happening.

    Mr. Speaker, I believe that will be a neater way than the Minister sitting in -- I mean, do we say his office, and acting without Parliament which gave the power to spend, and without any information and doing this in his own way?

    Mr. Speaker, I believe that the amendment is well intended and is set to empower this House. Mr. Speaker, I believe all Hon Members must support it. I do not believe that it would do any harm whatsoever to the Hon Minister, just that it may increase the frequency of his coming to this House, which will be better for this nation, for the Ministry and for most MDAs.

    Mr. Speaker, with this, I support the amendment.

    Alhaj i Mohammed-Mubarak Muntaka: Mr. Speaker, the amendment being proposed is a very important one in the sense that between 2005 and 2008, if you go to take the Auditor-General's Report, it is clear that the 2005-2008, each year, the Ministry of Finance and Economic Planning has spent more than the appropriated, yet in particular year 2008, all Ministries and agencies were asked to cut their expenditures by 30 per cent without notice to this House.

    This means that the amendment that my Hon Colleague mentioned is not going to tie the hands of the Ministry of Finance and Economic Planning in any way. It is only going to strengthen this House to ensure that at any point in time that the Ministry of Finance and Economic Planning thinks that the appropriation that has been approved for it, there is difficulty, and therefore, there is the need for realignment of expenditure, it will simply come and notify this House.

    Mr. Speaker, I do not think this amendment is an injurious one to the Ministry of Finance and Economic Planning, and I would say that we should propose just to strengthen this House so that it would keep us up to date what is happening. Because even 2009, if I do not know anything, I know that of National Health Insurance Fund. If you take the Budget of 2010, you see categorically clear that the appropriation that was supposed to go to National Health Insurance Fund, there was a huge shortfall.

    Mr. Speaker, I want to say that today's Hansard be kept; when the Auditor- General's Report on the 2009 total expenditure -- Mr. Speaker, I would want to believe that it is mostly likely to go like every year, where you see the total Appropriation will be more than approved, and yet there were cuts.

    Mr. Speaker, I think this is a very

    genuine amendment and I would urge Hon Colleagues to support it because it is going to strengthen this House.

    Mr. Speaker, thank you very much.
    Mr. Seth Terkpeh 8:10 p.m.
    Mr. Speaker, thank you very much for giving me the opportunity to contribute to this debate.
    Mr. Speaker, I do appreciate the importance of the Ministry of Finance and Economic Planning remaining within appropriations authorized by Parliament. But I would also caution that we are beginning to enter into the area of budgetary control, which is done usually on a continuous basis as revenue flows into the Consolidated Fund and disbursements are made out of that Consolidated Fund.
    Mr. Speaker, as you rightly said at the beginning of this debate, what Parliament is proposing is an estimate of expenditures that several Ministries, over 20, and several departments and agencies, in excess of 60, are going to be implementing. It is difficult to determine, first, at any material moment when a Ministry, agency or department is going to be exceeding the elaborate estimates that this House has had its committees to consider.
    Mr. Speaker, I believe this is why this Honourable House has gone to a great length to authorize the enactment of the Financial Administration Act and the Financial Administration Regulations , which have very elaborate provisions on how the Minister for Finance and Economic Planning is to account for revenues received and the disbursements of expenditures, including the virement of expenditures as and when necessary. This motion would require that we come back to this House for directions.
    Mr. Speaker, I believe that it may not be practical, and to end with just two examples. At the beginning of the year, it is common knowledge that revenues begin to trickle in and priority is given to the payment of personal emoluments (PE) and certain essential services. At that point, it is very difficult to determine beyond the first, second quarter, what the expenditure is likely to be before you come to the House with the projection that it is likely to be exceeded or otherwise.
    Similarly, in spite of contingencies, there have been various instances where, for example, our very honourable sportsmen perform so gallantly that we may have to look deep into the Budget to make sure that they carry the nation proudly. In that event, it may not be very practicable to even come to the House, when for example, on recess, to ask for authorization.
    It requires budget management and so, I would want to prevail on the House to allow the Hon Minister to administer the Budget within the limits of the Financial Administration Regulations and the Financial Administration Act, which this very House passed for purpose of implementing the Constitutional provisions.
    Mr. First Deputy Speaker 8:20 p.m.
    Hon Minority Leader, kindly look at Standing Oder128 (4) (b) -- 4 (b) vis-a-vis clause 1, which we have agreed to in your submission -- Standing Order 128 (4) (b).
    Mr. Kyei-Mensah-Bonsu 8:20 p.m.
    Mr.
    Speaker, I really do not have a very hard position on the amendment proposed by the Hon Member for Akropong but I think what our concern is, in particular, beyond the enactment referred to by the Hon Deputy Minister --
    What has happened to the budget of the Judiciary for instance, which we agree, if they send their estimates to the
    Dr. Duffuor 8:20 p.m.
    Mr. Speaker, I want to thank the contributors to the intended Bill.
    Mr. Speaker, we are now in the area of management of the Budget and that is why I would like to thank Hon Members
    for their contributions. We are in a country which revenues for the economy are usually below the expenditure. And therefore, the Hon Finance Minister is always managing the resources in a way that the various demands can be met. What they are proposing now is that, whenever we have difficulty, for example, if the revenues we are receiving are not meeting the requirements of the Judiciary, what should we do?
    We at that stage would be prepared to approach the President and if it means coming to Parliament to seek your advice and borrow to make up, we will do that. Whenever there is a shortfall, we are prepared to come here, consult you and make sure we do what is right. I do not think we need an amendment in managing the Budget when estimates have been already given. Let us not take the management initiative of Ministers to Parliament. Allow Ministers to consult you, but not to take that ability that a Minister must have to manage the resources.
    Mr. Speaker, I beg that this august House understands what we as Ministers are doing in our offices and not to restrict Ministers in managing the resources. I will not go by that.
    Thank you Mr. Speaker.
    Mr. First Deputy Speaker 8:20 p.m.
    Hon Boafo, in view of the sentiments expressed by the Minority Leader and the Hon Minister, I believe that the amendment is well intentioned but how to gather working relationship so that that arbitrariness you are talking about is also taken away but whether it should be in this form, is another matter. What is your position now? The amendment is in your name?
    Mr. Boafo 8:20 p.m.
    Mr. Speaker, thank you very much -- [Interruption.]
    Mr. Bagbin 8:20 p.m.
    Mr. Speaker, I think it
    is well intentioned, the principle is good
    perhaps I will agree with the Majority Leader, that we need to have time to think through this and craft, maybe, some piece of legislation to ensure this.
    Mr. Speaker, I would, if my Colleague would stand the amendment down, plead that the Minister has a better working relationship with the Finance Committee of this House, so that, at least, they could be kept apprised with these developments.
    The Finance Committee is a very unique Committee in the sense that, you do know, it is the only Committee that can authorize the Minister to spend and thereafter come to Parliament to provide the justification.. So there should be a cordial working relationship between the Minister and the Committee on Finance until we get there.
    Mr. Speaker, that is my position. And I think I will plead with my Hon Colleague to at this junction stand down the amendment which I believe is very legitimate. Of course, he knows that the entire House is behind him, we are in support of the principle that he is introducing it in this House.
    Mr. Speaker, I thank you very much.
    Dr. A. A. Osei 8:30 p.m.
    Mr. Speaker, I said that I was reserving my comments until I have heard my Colleagues.
    Mr. Speaker, I understand the concern of my Hon Colleague here but there are serious practical implications as of this time. When we pass, The Appropriations Bill, we do not also give the Minister guidelines as to how much to collect and it is a complicated matter. I think we need to give ourselves much time in the spirit of his concern to come out with appropriate rules to guide the Hon Minister.
    Dr. A. A. Osei 8:30 p.m.


    but we would need more time to think through it, therefore, I would plead, with my Colleague to withdraw it for now.

    It is important that we recognize the role that is played by Parliament when we passed the Budget. We are not just appropriating monies, we are also supporting the Government to decide on priorities. We are also implementing the medium-term strategies and the long- term vision of the country. It is not just allocations of money and therefore, it is improper or wrong for any person after Parliament has agreed with Government that these are our priorities to go and do otherwise by either reducing through circulars or whatever the amounts that have been approved by Parliament.

    That is the principle. If the country is not able to generate the revenue eto mneet the allocations that definitely, we will understand, but to issue directives and reduce amounts by the Minister for Finance and Economic Planning is totally unacceptable and it negates the powers of this House. So I believe that it is an important issue that we need to think through, but for the meantime, we will have to withdraw this so that we can delve deeper into it together and come up with a solution. It is with this I plead with my Colleague to withdraw his proposed amendment.
    Mr First Deputy Speaker 8:30 p.m.
    Hon Minority Leader, I thought you were trying to --
    Mr. Kyei-Mensah-Bonsu 8:30 p.m.
    Mr. Speaker, I think we are on the same wavelength. Clearly, the intention behind the amendment is very good; it seeks to affirm the authority of Parliament in these matters and I think it should be respected. But given the exigencies of these times,

    Mr. Speaker, if we rush and do this at this time, we will come back again soon and realize that in spite of our well intentions, we may be constricting the Minister such that -- otherwise, he may have to come here everyday to do that, so I understand the spirit.

    Let us, ourselves, think through this and come out with proper rules as is done in other places. For example, if revenue falls short of five per cent, then he needs to come back; if it is beyond 20 per cent, those rules need to be thought through very well because everyday, he needs to make decisions about expenditure. He cannot be expected to come back every day.

    But if we assist him to do this through some guidelines and as my Hon Leader said, either the House can refer the matter to the Finance Committee to have discussions with the Minister and come and report back to this House so that all of us would have spent a little time doing proper research; but the spirit I understand.

    Unfortunately, when we approve the Appropriation Bill, we use the words “no more than” and on the revenue side, we do not say anything. So I think in the spirit of what my Leadership is saying, and having spent some time there, I think we should give ourselves a bit of time not to pass this particular amendment now but take note and come back soon to do the proper thing.
    Mr. Hackman Owusu-Agyemang 8:30 p.m.
    Mr. Speaker, I tend to agree but experience has shown that in the past, Finance Ministers have tended to disregard this particular aspect of this. Under the circumstances, I was wondering whether it will not be proper to put a time frame on these so- called consultations, so that they will come to an understanding and bring it to the House to be approved.
    What is happening is that, many a time they do make suggestions and sometimes your goodself, Mr. Speaker, make these directives but they are never carried through. So this time round, if we are to recommend that he drops it, then I think it will be good that you should give specific directives as to what is to be done so that it will be done. Some times the arbitrariness in the whole system will be captured and then the other Ministries can also do what is expected of them.
    Dr. Osei 8:30 p.m.
    Mr. Speaker, I would have not said anything but sometimes some Ministers also think that once you pass The Appropriation Bill, we should lodge the money in their accounts. You see, by the time our revenue comes in -- [Interruption..] -- so they should not say that the Hon Minister is being arbitrary. If that is the case, the Ministers who want the money to be lodged in their accounts are also being arbitrary.
    Revenue comes in 365 days in a year, but people get up and say as soon as you pass the Budget, we should lodge money in the accounts of the Ministries. That is also arbitrary; so we should be careful.
    M r. O w u s u - A g y e m a n g : - -
    rose.--
    Mr. First Deputy Speaker 8:30 p.m.
    Hon
    Members, I think that we have over flogged this issue.
    Mr. Owusu-Agyemang 8:30 p.m.
    Mr. Speaker, I did not mean that. I did not mean that the money should be lodged there.
    Mr. Speaker, in this House, we have every right to speak and if I make the point that we are being arbitrary it does not mean that we must put all the money in the account in one day. So how can you put all the money in the account? That is not what I said. I do not think he should misconstrue it to be what I said.
    I do not think I meant that all the money should be put into an account because the money comes in trickles. We all know. We have all been in government. So I did not say that.
    Mrs. Irene Naa Torshie Addo 8:30 p.m.
    Mr. Speaker, as a way of contributing to this motion, I think we should be guided by a particular principle. I sympathize with the Hon Finance Minister and I think we should give him some room.
    One way of thinking about it is that until we come back, I would say that when it comes to the two arms of Government, the Legislature and the Judiciary, because there is a provision for them in the Constitution, when it comes to cutting down on their budget estimates we should think on those lines that with those particular ones they need to come back to the House.
    This is because there is a particular provision in the Constitution for those two particular arms of Government. But with the other Ministries, we may give them the leeway but with Parliament and the Judiciary, I think he must be made to come back to the House.
    Thank you.
    Mr. Boafo 8:30 p.m.
    Mr. Speaker, the
    Leadership of the House has expressed their views and other Members have made contributions. The preponderant view of the House appears to accept the rationale behind the proposed amendment and the request is only for us to have time to work it out properly. The Hon Minister
    for Finance and Economic Planning has actually understood the position of the House and he is ready to co-operate with the House.
    Our only hope is that the request for time to think through thoroughly this issue will not be a ploy to kill the subject, but that the \Leadership will come back with concrete proposals which would receive the backing of the House. So in that vein, I will withhold my fire on the proposed amendment.
    Mr. First Deputy Speaker 8:30 p.m.
    Thank you
    very much. I will like Leadership to take this matter and do further consultation on it. Thank you very much.
    Hon Members, let us proceed to the Schedules to the Bill.
    Mr. Avedzi 8:30 p.m.
    Mr. Speaker, I beg to
    move, the First Schedule section 1, delete GH¢12,131,313,668.08 and insert
    GH¢12,131,313,668.00.
    This is just to agree with the figure in the first clause.
    Question put and amendment agreed to.
    Mr. Avedzi 8:30 p.m.
    Mr. Speaker, I beg to
    move, delete GH¢3,887,691,738.08 and insert GH¢3,887,691,738.00.
    Mr. Speaker, so that it will agree with the figures in the Schedule.
    Question put and amendment agreed to.
    Mr. Avedzi 8:40 p.m.
    Mr. Speaker, I beg to move, delete GH¢434,484,803.08 and insert GH¢434,484803.
    This will make the total agree in the Schedule.
    Question put and amendment agreed to.
    The First Schedule as amended ordered to stand part of the Bill.
    The Long Title ordered to stand part of the Bill.
    Mr. First Deputy Speaker 8:40 p.m.
    Hon Members, that brings us to the end of -- [Interruption]
    Mr. Haruna Iddrisu 8:40 p.m.
    Mr. Speaker,
    with your indulgence, the Long Title -- I have been looking through article 179 (2) (a) and I think that there is an anomaly that I would wish that we correct.
    The third line in the Long Title ends with ‘‘funds.'' ‘‘s” should not be part of it. It should just be ‘‘fund'' ‘‘and other fund,'' not ‘‘funds''. This is because if you read article 179 (2)(a) properly, the fourth line, it says, ‘such other appropriate fund'. There is no ‘‘s'' attached to it but consistently, we have always said ‘‘and other funds''. So either that there is something wrong with the constitutional provision or we rectify the ‘‘s'' and leave it to stand as ‘‘fund''.
    Mr. First Deputy Speaker 8:40 p.m.
    Hon
    Member, it is a drafting issue and I think
    that the draftsperson should look at it and if there is any remedy, they look at it. You know there are also a lot of public funds anyway.
    Hon Member, that brings us to the end of the Consideration Stage of the Appropriation Bill (No. 2), 2009.
    Suspension of Standing Order 131 (1)
    Dr. Duffuor 8:40 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least twenty-four hours have elapsed, the motion for the Third Reading of The Appropriation Bill (No. 2), 2009 may be moved today.
    Mr. Avedzi 8:40 p.m.
    Mr. Speaker, I beg to second the motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS -- THIRD READING 8:40 p.m.
    Mr. Bagbin 8:40 p.m.
    Mr. Speaker, we are getting to the end of today's business but I just want to plead with my Hon Colleagues for the Papers itemised on the Order Paper Addendum to be laid.
    rose
    Mr. First Deputy Speaker 8:40 p.m.
    Hon Minority Leader, is there any problem? Just the laying of those Papers.
    Mr. Kyei-Mensah-Bonsu 8:40 p.m.
    Mr.
    Speaker, I have not really cited the Addendum Order Paper but my attention is now being drawn to it, so I think we could go ahead.
    Mr. First Deputy Speaker 8:40 p.m.
    Very well.
    PAPERS 8:40 p.m.
    Mr. First Deputy Speaker 8:40 p.m.
    Item No. 1 (iii)
    Mr. Bagbin 8:40 p.m.
    Mr. Speaker, (iii) is not ready, so it cannot be laid.
    Mr. First Deputy Speaker 8:40 p.m.
    Very
    well.
    Dr. Osei 8:40 p.m.
    Mr. Speaker, I need advice from you. When we were doing The Appropriations Bill we did all these amendments.
    Mr. First Deputy Speaker 8:40 p.m.
    Hon Member, I agree with you. Once the Interpretation Act is signed and it comes into law, it is consequential.
    .
    Dr. Osei 8:40 p.m.
    Mr. Speaker, thank you.
    -- 8:40 p.m.
    Mr. First Deputy Speaker 8:40 p.m.
    Hon Members, the adjournment of the House is at my discretion but let me hear from the Hon Majority and Minority Leaders.
    Mr. Bagbin 8:40 p.m.
    Mr. Speaker, in view of the critical nature of some business that we could not deal with, we are proposing that Parliament convenes on Monday to look at the outstanding business, particularly the Ghana Revenue Authority Bill and other matters that would
    Mr. First Deputy Speaker 8:40 p.m.
    But Hon Majority Leader, you are supposed to do something. [Interruptions.] Anyway, that is the language used by the Hon Ranking Member for Finance. You did not complain when he said this, so I am only reminding him.
    Mr. Kyei-Mensah-Bonsu 8:50 p.m.
    Mr. Speaker, we all thought that we were going to be able to finish the agenda today. Unfortunately we are not able to finish and we may have to come and continue some other day. I think that the Hon Majority Leader would do well to assure Hon Members of Parliament that that Sitting should be considered as a special Sitting and should come with all its entrapments. [Hear! Hear!]
    Mr. Speaker, but the other one; the declaration by the Hon Majority Leader that as far as he is concerned, he is going to finish his business on Monday and other people may finish theirs on Tuesday -- I cannot comprehend it. He does not have any personal business other than
    Mr. Bagbin 8:50 p.m.
    Oh! Mr. Speaker, even my small rights have been taken away from me. [Laughter.] The fact that I lead, this House as Majority Leader and we conduct business in the House, does not mean that I do not have personal business. I have personal business. [Laughter.] I have but I am not going to assure Hon Members about entrapments because I do not want to entrap Hon Members. I can only motivate Members and that one, I can assure them about the motivational incentives, but not entrapments. I will not entrap you.
    Mr. First Deputy Speaker 8:50 p.m.
    Hon Members that brings us to the end of proceedings for the day. The House is accordingly adjourned to Monday, 21st December, 2009 at 10 o'clock in the forenoon.
    Thank you very much for your cooperation.
    ADJOURNMENT 8:50 p.m.