Debates of 27 Jan 2010

MADAM SPEAKER
PRAYERS 10:20 a.m.
ANNOUNCEMENTS 10:20 a.m.
Madam Speaker 10:20 a.m.
Hon. Members, I have received a communication from His Excellency the President and I will read it to you --
“26th January, 2010
Right Hon Speaker,
Nominations for Ministerial Appointments
I forward, herewith, for consideration by Parliament, the following nominations for ministerial appointments:
(i) Mr. Martin Amidu -- Ministry of the Interior
(ii) Mr. John Tia
-- Ministry of Information
(iii) Mr. E.T. Mensah
-- Ministry of Employment and Social Welfare
(iv) Mr. Alban S.K. Bagbin -- Ministry of Water
PRESIDENT OF THE REPUBLIC 10:20 a.m.
OF GHANA 10:20 a.m.
THE RIGHT HON SPEAKER 10:20 a.m.
OFFICE OF PARLIAMENT 10:20 a.m.
STATE HOUSE 10:20 a.m.
Madam Speaker 10:30 a.m.
Shall we move to item 2, Correction of Votes and Proceedings and the Official Report.
Votes and Proceedings of 26th January,
2010.
Pages 1-10.
Hon Members, in the absence of any corrections, the Votes and Proceedings of Tuesday, 26th January, 2010 is adopted as the true record of proceedings.

Any corrections in the Official Report of Tuesday, 26th January 2010?

Hon Members, in the absence of any corrections, the Official Report of Tuesday, 26th January, 2010 is hereby adopted as the true record of proceedings.

Item 3 -- Urgent Questions. Is the Minister for Water Resources, Works and Housing here to answer the Questions?
Madam Speaker 10:30 a.m.
Yes, Hon Member.
Papa Owusu-Ankomah 10:30 a.m.
Madam Speaker, it is the Constitutional right of His Excellency the President to appoint Ministers of State in accordance with the provisions of our Constitution. Article 81 also states the conditions under which the tenure of office of a Minister expires.
The practice has been for the President to appoint Ministers, designate Ministries for them and in certain cases appoint them as Ministers without any portfolio. Just this morning, Madam Speaker, I believe you read to us communication from the President indicating certain appointments. You know that there was an incumbent Minister of State responsible for Water Resources, Works and Housing. The Majority Leader, I know, has been designated as the Minister responsible for Water Resources, Works and Housing awaiting the approval process.
Now, Madam Speaker, it is important for us to be certain about the appointments of the President. When the President appoints a Minister of State to take over, or nominates a person for appointment as Minister, it is important that the President indicates whether impliedly,
he is revoking the appointment of the substantive Minister, particularly, when he has not been designated to another Ministry or he intends to revoke the appointment at a certain date.
My understanding is that, until the President expresses any such intention, he has impliedly revoked the appointment because the matter of revocation should not be left at large and if the President decides to exercise it, he must exercise it in a manner that leaves no room for ambiguity. It is important for the constitutional development of our country.
Here we have the Minister for Water Resources, Works and Housing, our very good Friend the Hon Albert Abongo, Member for Bongo who is coming to answer Questions as a Minister of State responsible for Water Resources, Works and Housing.
In fact, I believe that the President owes Parliament a duty if he wants the person to continue in office until a certain date, to indicate that to Parliament as representatives of the people of this country. I know that it has not been the practice but I believe that the time has come for us to demand, that unless he expresses any intention, our under- standing is that the appointment has impliedly been revoked.
Where the person is re-designated, he is still a Minister of State; but where the person has not been re-designated, it is implied that his appointment has been revoked as of the date of the communication. It should not be left at the will and pleasure of the President because Parliament plays a role in the appointment process, even though Parliament does not play any role in the termination process. But the termination of the process should not be left solely in the bosom of the President.
I am raising this because, Madam Speaker, if the President wants the appointment to be in place until the new person is sworn in, he must say so, it can
43 Communication from 27January, 2010 the President
45 Communication from 27January, 2010 the President
Majority Leader (Mr. A. S. K. Bagbin 10:40 a.m.
Madam Speaker, I stand to urge this House to disregard what my very good Friend, the Hon Member for Sekondi (Papa Owusu-Ankomah) has just stated. He is urging you as a House to say that by implication, the mere communication to the House of the intention of His Excellency to do some appointments is a revocation of the earlier appointment he has made in connection with some ministerial portfolios. And that is why I started by saying that I urge the House to disregard this earlier urge from him.
Madam Speaker, I am saying this because the law is clear; there is a process put in place but the act of appointing a Minister is by an instrument of appointment. And usually, after the process, even after prior approval by Parliament, we have witnessed a number of occasions in which various Presidents have failed to issue the instrument of appointment to those given the prior approvals and they have not been so appointed as Ministers of State.
Madam Speaker, after the appoint-
ments, there are only four players that can bring to an end that authority that is bestowed on the person as a Minister -- one, is by the President through an instrument of revocation; two, by Parliament through either a vote of censure or election of a Member of Parliament to a position of a Speaker or Deputy Speaker; three, by the person himself resigning; and four, by God -- when the person dies. So these are the four ways that can bring to an end and take away that instrument of appointment.
Madam Speaker 10:40 a.m.
Hon Member, are you raising a point of order?
Papa Owusu-Ankomah 10:40 a.m.
It is a point of order, Madam Speaker. The Hon Member is misleading the House. The Hon Member talks about an instrument of revocation being a requirement under the law. I want him to tell us, under what provision of any law or this Constitution which says that there must be an instrument of revocation. Where does it say so? Indeed, I am raising this issue, I was flagging this issue -- I was not requiring Madam Speaker to make a ruling on it and I even said that the Hon Majority Leader should take note. If he thinks that it was necessary, yes, I do not begrudge him on his point of view but in so doing, he must not unwittingly and uncon-sciously mislead this House.
Let him produce or show us the particular article of this Constitution or the provision relating to the appointment
Madam Speaker 10:40 a.m.
It would have been nice if you had shared it with us but since you did not -- [Interruption.]
Mr. Bagbin 10:40 a.m.
Madam Speaker, I gave my Hon Colleague ample time to go through all his arguments but he cannot calm his nerves to listen to me till the end of my submission.
Clearly, he is aware as a former Minister, a former Majority Leader, a former Attorney-General and Minister for the Ministry of Justice, that when he was appointed as a Minister, he was given an instrument of appointment. Now, could he tell me which law says that he will be given an instrument of appointment?
Now, Madam Speaker, I go back to the issue of revocation and he quoted article 81.
Madam Speaker, article 81 says and with your permission, I quote 10:40 a.m.
“The office of a Minister of State or a Deputy Minister shall become vacant if --
(a) his appointment is revoked by the President; or
(b) he is elected as Speaker or Deputy Speaker; or
(c) he resigns from office; or (d) he dies.”
So I clearly articulated this position. Now, his beef is with the term “instrument of revocation.”
Madam Speaker, let us go to article 78 (1) and with your permission, I quote 10:40 a.m.
“Ministers of State shall be appointed by the President with the prior approval of Parliament from among Members of Parliament or persons qualified to be elected as Members of Parliament, except that the majority of Ministers of State shall be appointed from among Members of Parliament.”
Madam Speaker, as he has earlier on admitted, in appointing a Minister of State, an instrument is issued and that is the Instrument of Appointment, which is usually handed over to the person at the swearing-in and they are given books to append their signatures. That is the act of appointing the person as a Minister of State. Instrument is used; it is not stated in the Constitution or any law that you use an instrument.
Now, if you are to revoke, how do you take away that instrument? Is it by a letter? No, I beg to differ. It must be by another instrument -- [Interruptions.] Why the agitation? This body gyration. No, no -- [Interruptions.]
Mr. Hackman Owusu-Agyemang 10:40 a.m.
Madam Speaker, on a point of order. Madam Speaker, I think that the about- to-depart Leader is confusing the whole House. Madam Speaker, there is nothing in the practice and precedence of this nation as an instrument of revocation. I have been a Minister three times and in their own Administration also, there is nothing like that.
So as much as the Constitution is silent on it, we go by practice. So this business of instrument of revocation and what have
Mr. Hackman Owusu-Agyemang 10:50 a.m.
47 Communication from 27January, 2010 the President

Madam Speaker, there is no provision in the Constitution for an overlap, so he ceases to be the Minister. But if we are gracious enough to allow him to do it, that can be done but you have no legal premise for saying that a person who has been formally informed to the Speaker, that somebody else is to be appointed in his place continues to be a Minister. No! It does not.

There is nothing like instrument of revocation, so I think the Majority Leader is completely wrong and I think we should look at this issue from precedence and from what we have been doing in this nation. There is nothing like instrument of revocation. It has never happened. It never happened in NDC Administration, it never happened in NPP Administration, it is not going to happen now because it is not there. If the new Constitution will take it on board, fine but for now, it is not.
Mr. Bagbin 10:50 a.m.
Madam Speaker, we are
talking about the law. Some people might not be standing to the total requirements of the law. In fact, his statement that once there is a communication to the House, that means that the people that have been nominated have been appointed is all totally false -- [Interruption] -- It is in the Hansard, you stated it, that once there is communication, it means that the people have been appointed. You stated that -- [Interruption] -- That is totally false; it is erroneous.
Mr. Owusu-Agyemang 10:50 a.m.
Madam Speaker, I did not say that as soon as a communication has been communicated to the Speaker then that person is appointed. I said that person ceases to become the Minister. Do not put words in my mouth. I am completely on board and what is germane to the issue is, is the person a Minister or not a Minister? It is as simple as that.
There is nothing like a revocation. I did not say that the moment somebody is appointed he becomes a Minister, otherwise why do you have to go through the Appointments Committee of which I am a member? Why do you have to come there? It is only when you are confirmed by this House -- even when you are confirmed, you have to be sworn in before you become a Minister so I would not have said that. I did not -- [Interruption] -- As he said, you are never sworn out -- [Laughter.] I did not say that, do not put words in my mouth. I never said that, Madam Speaker, I never said that.
Mr. Bagbin 10:50 a.m.
Madam Speaker --
Madam Speaker 10:50 a.m.
Yes, Hon Leader?
Mr. Bagbin 10:50 a.m.
Madam Speaker,
it has been forcibly argued that we should interpret “Revocation” to mean Communication from the President whether by word or by letter to the House, informing the House that he has nominated 1, 2, 3 persons for our attention; that we should interpret “Revocation” to mean that one.
I beg to differ. And that is why I said the words there carry a meaning. It is not termination of appointment, it is not dismissal, those you communicate by just mere letter. But the word used is “revocation”, and why? Because as they have admitted in practice, it is instrument of appointment. That instrument must be revoked, not by a mere letter.
Now, because of practice, we are being told that it is not instrument of revocation -- practice -- whether any of them seated here at the end of their tenure of office was even given a letter terminating their appointment, it never happened.
Papa Owusu-Ankomah 10:50 a.m.
On a point
of Order. Madam Speaker, the Hon Majority Leader does not seem to know what he is talking about -- [Interruptions] -- Yes, I am telling him that at the end of my term as a Minister in the first Administration of President Kufuor, I received a letter indicating that my appointment would come to an end on the 6th of January and that was thanking me for my services, but that I should continue until somebody assumes the position. That is what I am saying.
But the point I am making here -- [Interruptions] -- Please, the point I am making here is that, this is not the end of the tenure of a President. This is a President who has reshuffled, moved Ministers, indicating that some have been promoted, indicating that some are going to be sent to the Castle but does not mention the name of a particular Minister but instead indicates that there is another person going to replace that Minister.
My point is that, does it mean that
he becomes a Minister till the President decides? Does he become a Minister till the President decides? Does he cease to be a Minister when another person takes the Oath or what? But this House should take note, insofar as the Business of the House is concerned, we need to know when the person's tenure has ended.
rose
Madam Speaker 10:50 a.m.
Yes, I will come to
you when he finishes. I want to hear your views, Hon Majority Leader.
Mr. Bagbin 10:50 a.m.
Madam Speaker, this
Papa Owusu-Ankomah 10:50 a.m.
That is not correct, Madam Speaker. I was not reshuffled from Attorney-General to the Youth and Sports. I was appointed Minister, first, for Youth and Sports and my Party, the parliamentary group elected me as their Majority Leader and the President appointed me, Minister for Parliamentary Affairs. My term as
Mr. Bagbin 11 a.m.
Madam Speaker, let me say that if my use of the words “sound and fury”, signifying nothing is offensive to my Hon Colleague, I withdraw that with apology. We often use it. In fact, we have used it many times on the floor of this House and it has always been taken in jest. I am sorry, if that is offensive to him.
But truly, Madam Speaker, I am interpreting the article 81(a) to mean that revocation cannot just mean communication to the House of an intention. This is because when the President nominates people and communicates to the House, he is communicating an intention to appoint if the House so blesses that intention. And that is why we have the process of prior approval.
So, please, I do not think that, that should terminate the appointment of the substantive Minister. I completely disagree with that. I think that the termination comes when Parliament gives the prior approval, His Excellency firms up that approval by giving an instrument of appointment.
When the instrument of appointment is given to those who have been given
the prior approval, then that amounts to a revocation of the earlier appointment of the Minister. And Madam Speaker, I believe strongly that, the use of the word “revocation” means it must be specially done; not just by a letter but it should be by an instrument. Because I believe that appointments by instruments can only be revoked by instruments. That is my understanding.
Therefore, I think that the Hon Minister for Water Resources, Works and Housing, Hon Albert Abongo is rightly before this House as the current and existing Hon Minister and that he should be permitted to answer the Questions. That is where we have reached and I want to urge on this House to accept that as the state of the law and as the practice and we should continue with that until otherwise decided by a court of competent jurisdiction.
This Parliament is not a court of competent jurisdiction, even though I know the Rt. Hon Speaker is a very, very learned member of the Bench who has excelled at the Superior Court of Judicature, particularly at the highest court of the land, which is the Supreme Court. So, I believe that until that is done, we should move ahead and permit the Hon Minister who is still the Hon Minister for Water Resources, Works and Housing to answer the Questions.
Thank you.
Madam Speaker 11 a.m.
Yes, Hon Minority
Leader?
Mr. Osei Kyei-Mensah-Bonsu 11 a.m.
Thank
you, Madam Speaker, for the opportunity to, maybe, contribute to bring this matter to a closure.
Madam Speaker, if I heard the Hon Member for Sekondi rightly, the import
rose
Madam Speaker 11 a.m.
Yes, a point of order.
Mr. Bagbin 11 a.m.
Madam Speaker, if the Hon Member for Sekunde had ended at that -- [Laughter] -- [Mr. E. T. Mensah: Sekunde is correct, that is local pronunciation.]
rose
Madam Speaker 11 a.m.
Yes, Hon Member, are you taking objection?
Papa Owusu-Ankomah 11 a.m.
This is a point of order.
Madam Speaker 11 a.m.
Yes?
Papa Owusu-Ankomah 11 a.m.
Indeed, Sekunde is the traditional Fante rendition of Sekondi. If the Hon Majority Leader wants to use Sekunde then he should do so appropriately and describe me as Mbrahye Beguanyi ma Sekunde -- [Laughter] -- The House permits us to use any Ghanaian language provided we have facility for interpretation. But if he uses Sekunde in conjunction with Member, then of course, he is not giving me my proper designation.
My proper designation is the Member of Parliament for Sekondi. In Fante, Mbrahye Beguanyi ma Sekunde. It is in that context that I urge him to use Sekunde. After all, his elder brother has decided to settle in our part. Probably that is how he got to know of Sekunde.
Mr. Bagbin 11 a.m.
Thank you very much, Madam Speaker. Well, my Hon Friend is called Paapa Ankomah, but it is Papa -- [Laughter] -- If he had ended at what the Hon Minority Leader said, I would not have added the last part. But he said that both sides of the House have been wrong. We have been doing the wrong thing. Yes, that is what we have been doing and that it is the wrong thing. That is why I ended by saying that he should still be recognised because that is not wrong. If he had ended at that, I would not have read other meanings into it.
Madam Speaker 11 a.m.
Yes, Hon Minority Leader, can you continue?
Mr. Kyei-Mensah-Bonsu 11 a.m.
Thank you. Madam Speaker, the President has made the communication to this House. Clearly, the import of the communication is that he has revoked the appointment of an appointee.
Sequel to that, nominations have been made and the nominations have come to Parliament and you have made the relevant referral to the appropriate body for consideration and report back to Parliament. Madam Speaker, that is the gravamen of the communication to this House.
Now, whether the person ceases immediately is what the Hon Member for Sekondi raised and that is the matter that this House should consider. Perhaps, in the review of the Constitution we may have to look at it.
But Madam Speaker, my own thinking is that it is a grey area but I just want to juxtapose that with the provision in article 95(2). Article 95(2) is in respect of the
53 Communication from 27January, 2010 the President 55 Communication from 27January, 2010 the President
Mr. Kyei-Mensah-Bonsu 11:10 a.m.
election of a Speaker.
Madam Speaker, article 95 (2) relates to the vacation of the position of the Speaker and it says:
“The Speaker shall vacate his office --
(a) if he becomes a Minister of State or a Deputy Minister . . .”
And I cannot see a reason for an appointed or elected Speaker to lower himself or herself to become a Deputy Minister.

But the issue is, the Speaker vacates his office if he becomes a Minister of State or Deputy Minister or

(b) if he resigns from office by writing, signed by him and addressed to the Clerk to Parliament;

(c) if any circumstance arise that, if he were not Speaker would disqualify him for election as a Member of Parliament; or

(d) if he is removed from office by resolution of Parliament supported by votes of not less than three- quarters of all the Members of Parliament.”

Madam Speaker, the relevant portion is, “if he resigns from office by writing signed by him and addressed to the Clerk to Parliament.”

If he does so, then there would have to be an election.

Madam Speaker, now, if we look at our rules of procedure and I would want to refer us to Standing Order 11(2). It reads and Madam Speaker, with your permission I beg to quote:

“Whenever it is necessary to proceed to elect a new Speaker because of

notification by Mr. Speaker of his intention to relinquish that office

. . .”

That is, the indication certainly would come by his having written to vacate the post or resign. That is the indication. Whenever he has done so and it becomes necessary,

“ . . . Mr. Speaker shall continue to take the Chair until a new Speaker has been elected.”

Madam Speaker, by extension I would think that, given the circumstances, they are similar. So we may allow the Hon Minister to continue in office until the person is duly sworn in by the President after consideration of the new nominee by this House. I think that is the relevant provision that we should concern ourselves with.

As to the fire that was being ignited, there was no point and I am sorry that the Hon Majority Leader -- [Interruptions] -- I am talking about him, the Hon Majority Leader. Madam Speaker, I was not very comfortable with these words. If they should be considered part of his parting words, I would be most uncomfortable. But I think we can settle this matter if you look at this provision in the Constitution.

Madam Speaker, in my view it resolves the matter and we can leave it at that and allow the Hon Minister to answer the Question.

Madam Speaker, I thank you.
Madam Speaker 11:10 a.m.
Well, fortunately
for me “Paapa” or is it “Papa Owusu- Ankomah”, Member of Parliament (MP) for Sekondi, at the beginning did say that he was not asking for a ruling from the Chair, if I am correct and that he merely was referring to an anomaly which has been practiced in this House. Is that correct?
Papa Owusu-Ankomah 11:10 a.m.
That is so, Madam Speaker. But since you have pronounced my name from the Chair I just want to put it on record that the proper pronunciation of my name is “Papa” Owusu-Ankomah. “Papa” is the correct pronunciation; “Papa Owusu-Ankomah”, not “Papah” or “Paapa.” It is “Papa;” that is how mine is pronounced.
Madam Speaker 11:10 a.m.
“Papa”, I thank you for the correction except to say that “Papa” smacks of an anglicized “Papa”. [Laughter.] And it seems like you are combining -- Anyway, I would take note, “Papa”.
So I think there is no need to rule in this case and that is why I am not going to take any more submissions. I think the Leadership must their heads together and what is done -- Even though the Orders say that where no provision is made then we can ourselves devise our own provisions, I would refer to that and hand it over to you. It seems to me that nature abhors a vacuum and probably you will do the best thing that would keep the House running. So Hon Leader and Majority Leader, I leave it to you and Papa to thrash this thing out.
In which case Hon Minister for Water Resources, Works and Housing can answer our Questions.
Yes, Hon Minister?
Mr. S. K. B. Manu 11:10 a.m.
I am up, Madam Speaker.
Madam Speaker 11:10 a.m.
Are you asking a Question, Hon Member?
Mr. Manu 11:10 a.m.
Madam Speaker, I am going to contribute -- [Interruption.] Madam Speaker, I want to recognise the presence of the Hon Member for Wa
Central, Mr. Abdul-Rashid Pelpuo, the immediate -- [Laughter] -- whether it is immediate past or still ongoing Minister for Sports. He has just returned from Angola where our team is playing, is it tomorrow or after tomorrow? [Laughter.]
Madam Speaker 11:10 a.m.
Thank you, Hon
Member. I think this is the problem that Papa Owusu-Ankomah raised, that when does a Minister cease to operate? I think from what we see here, the consensus is that he should continue in office until another one moves in. I have been asked not to rule on the matter and to leave it to the House and the Leaders. That is exactly what I want to do. In deciding it, you may take all these things into account.
Hon Minister, since you are here, I am sure they want to hear your voice.
Minister for Youth and Sports (Mr. Abdul-Rashid Pelpuo) 11:10 a.m.
Madam Speaker, this evening I am boarding a plane and I would be in Angola. [Interruptions.] We are winning the match and Ghanaians would be happy with the results come tomorrow, Thursday. [Hear! Hear!]
Mr. Manu 11:10 a.m.
Madam Speaker, in what
capacity is he going back to Angola? The Hon Member for North Dayi, Hon Akua Dansua is now the Hon Minister for Youth and Sports -- [Interruptions] [Some Hon Members: No! -- Minister for Youth and Sports-designate. She is the Hon Minister -- [Interruption.] -- No, she is not even “designate” because she is not going to go
57 Communication from 27January, 2010 the President
Madam Speaker 11:20 a.m.
Hon Member, unless I got you properly, you are blowing hot and cold, are you not? I think your first reaction was that we do not do this and stop an Hon Minister from operating before someone else is appointed. Now you are saying we should take the other course. That is why I thought we could rule on this matter here and now, but Papa Owusu-Ankomah, who raised it said he was not waiting for a -- and I have left it to the House. I think before you go any further we have not ruled otherwise. The normal procedure is that the man continues until the next Minister takes office. Is that not the procedure?
Mr. Dery 11:20 a.m.
Madam Speaker, in the case
of Hon Dansua, she is already a Minister, so she is not coming to be vetted. The legal position is that she is Minister for Youth and Sports.
However, I think that if they do not hand over and they have authorized that he should go, it is left to them, especially that we on this side think a change at this time will have very serious ramifications for the team there. Otherwise, the legal position is that Hon Akua Dansua is the
current Minister for Youth and Sports.
Thank you.
Madam Speaker 11:20 a.m.
Hon Member, are you sure Hon Akua Dansua has received a letter of appointment or instrument of appointment? This is because from the discussion here you need a letter; is that not so?
Mr. Dery 11:20 a.m.
Madam Speaker, I am
sure the Hon Majority Leader will agree that she does not need an instrument of appointment as a Minister. She does not need it, she is just reassigned.
Madam Speaker, I am speaking based on my own experience. When I was moved from Minister for Upper West to Minister of State at the Ministry of Justice, I just went as Minister. That was it.
Thank you.
Madam Speaker 11:20 a.m.
That is why Hon
Mr. Rashid-Pelpuo 11:20 a.m.
Madam Speaker,
Madam Speaker 11:20 a.m.
Well, that is why
it is important that this matter is trashed in this House.
Mr. Owusu-Agyemang 11:20 a.m.
Madam Speaker, the case Hon Pelpuo cites, he cannot be right because he was a Minister of State and not a Minister. Maybe that is why he was given a letter. In any case if Hon Pelpuo is sure that he is still the Hon Minister for Youth and Sports, why has
he come back today and then wants to go back tomorrow? He should have stayed there and then finished the job that he was assigned to do. So his case was very different -- Minister of State to Minister. There is a world of difference between Minister of State and Minister and that is why he has to be given a letter. I am sure he will understand that.
Madam Speaker 11:20 a.m.
Hon Member, if he had stayed there, would this argument not apply that he heard and he stayed there?
Mr. Bagbin 11:20 a.m.
Madam Speaker, it is just because the Hon Balado Manu was blowing both hot and cold. Why did you come? He says, Ooh, I am going back.” Why are you going back? So now he is in the middle then he is trying to explain why he is going back. “Ooh you do not have authority to go back.” I came back because of this.” “No, you do not have authority to come back.” “Well, I do not know.”
It is true that when you issue the instrument of appointment it is to the position of a Minister of State. They do not specify in the instrument which sector because the Constitution talks about Minister of State. When you are going as a Minister of State, you do not need another letter to be shifted to another Ministry. That is why usually they do not communicate to us that they are shifting. It is an Executive act and that is done by the President.
Madam Speaker 11:20 a.m.
Hon Members, since we have not taken a firm decision on this issue we have still left it in abeyance and then the old practice could be cited because I thought we could take this opportunity at this stage. But Hon Papa Owusu-Ankomah just said he raised it and disabled me from making any ruling because any matter which is not covered in the Standing Orders could be decided
by us. But it looks like it is getting too late in the day but I leave it to Leadership like I said. This is because even if it is a convention, there must be a convention, which could be followed.
Mr. Manu 11:20 a.m.
Madam Speaker, I do not intend to interrupt but the Hon Member for Nadowli North attributed something to me and I think I have the right to clear the air.
Madam Speaker 11:20 a.m.
But I have not called you.
Mr. Manu 11:20 a.m.
Yes, I am just drawing attention.
Madam Speaker 11:20 a.m.
You may have a right but you did not catch my eye.
Well, Hon Members, the feeling of the House is that we leave matters as they are and carry on.
Mr. Simon Osei-Mensah 11:20 a.m.
Madam Speaker, I want to ask a question in relation to our Standing Orders and the way our Questions are scheduled to be answered by the various Hon Ministers.
Madam Speaker, with your permission, I want to quote our Standing Order 60 (3) 11:20 a.m.
“A Minister shall not take more than three weeks to respond to a Question from the House.”
Madam Speaker, I have Questions that I put in and for almost one year now, those Questions have not appeared on the Order Paper. I want the House to be told whether they have been sent to the Hon Ministers and they are failing to respond within the three weeks' period that is given as per our Standing Orders or it is the House that is not sending the Questions to the various Ministers.
61 Communication from 27January, 2010 the President 63 Communication from 27January, 2010 the President
Madam Speaker 11:20 a.m.
Well, Honourable,
the House will be told when the necessary investigations are done but right now how can we tell you? We must know the Question and the state of the Question. So we will come back and tell you then.
Mr. Osei-Mensah 11:20 a.m.
Madam Speaker, surely, I know I will not be getting the Answer immediately but I want the Question to be referred to the appropriate authority so that the Answer would be given to us in due time. This is because if you leave it hanging, we will not know whoever is supposed to act. So if it is the Chairman of the Business Committee that should come to this House and inform the House as to why our Questions delay before they are answered then we will know the source of the error.
Madam Speaker 11:20 a.m.
Yes, but Honourable,
if you say that then you are ignoring the procedure. It has to be approved by the Speaker first before it even goes to the Hon Minister. That is why I say we will investigate and see where the bottleneck is.
Mr. Osei-Mensah 11:20 a.m.
Madam Speaker,
we know that in pure administrative terms we should give responsibility of a particular activity to a body or an individual. If we leave it now who is supposed to respond or act on it? If we just say that we are leaving it and one day, or we find an answer to the Question -- We want to task a body or an individual that would be responsible for answering or briefing this House on the issue.
Madam Speaker 11:30 a.m.
We will investigate
for you.
Thank you, Hon Member.
So we move on to the Question which stands in the name of Hon John Bennam Jabaah, Zabzugu Tatale.
rose
Madam Speaker 11:30 a.m.
Is it you? Hon Jabaah?
Mr. Manu 11:30 a.m.
Madam Speaker, I am still waiting to catch your eye.
Madam Speaker 11:30 a.m.
Well, I have moved on.
Mr. Manu 11:30 a.m.
Madam Speaker, so I have not caught your eye.
Madam Speaker 11:30 a.m.
You never caught my eye before.
Mr. Manu 11:30 a.m.
All right.
Madam Speaker 11:30 a.m.
Can the Question
be asked now?
Mr. J.B. Jabaah 11:30 a.m.
Madam Speaker, I would prefer my Questions to be answered by the substantive Minister for Water Resources, Works and Housing and not the outgoing Minister. So I would want us to put the Questions on a hold. [Interruption.]
Madam Speaker 11:30 a.m.
Hon Majority Leader.
Mr. Jabaah 11:30 a.m.
Madam Speaker, I have to yield to my Leadership. Initially, I would have preferred the substantive Minister to answer the Question instead of the out- going. -- [Interruption] They do not have to shout. Currently, on what authority is he answering the Question?
Mr. Kyei-Mensah-Bonsu 11:30 a.m.
Madam Speaker, I would want to plead with my Hon Colleague that where we have gotten to in this matter, I think that we all recognize that it is a grey area and maybe we would look at it. But I would plead with him to go on and ask the Question of the Minister who we have agreed should continue to hold the fort till the substantive person comes to replace him. So may I plead with my Hon Colleague to ask his Question.
Madam Speaker 11:30 a.m.
Yes, Hon Member, your Leader is urging you.
URGENT QUESTIONS 11:30 a.m.
MINISTRY OF WATER RESOURCES, 11:30 a.m.
WORKS AND HOUSING 11:30 a.m.
Minister for Water Resources, Works and Housing (Mr. Albert Abongo) 11:30 a.m.
Madam Speaker, thank you for the opportunity to appear before you once again to answer Questions as Minister of State responsible for the Ministry of Water Resources, Works and Housing.
Madam Speaker, indeed, yesterday, I found myself thinking about completely packing out of the office as Minister for Water Resources, Works and Housing but good counsel from the Chief Director informed me, that would give an indication that my own character could be brought to question that I had abandoned the
office and so this debate goes to enrich the thinking of all of us and I think that it is still a grey area that we need to clarify.
Madam Speaker, thank you for the opportunity.
Madam Speaker, Zabzugu is served by
a surface water-based pipe-borne water supply system and eight (8) boreholes fitted with hand pumps. During the recent rainy season, the floods washed away the intake area of the surface water system which affected the pumping station.
The town therefore currently relies on the eight (8) boreholes for its water supply needs. To address the water supply situation in the long term, the town has been included in a list of 13 towns submitted by the Northern Regional office of Community Water and Sanitation Agency (CWSA) to the CWSA head office for inclusion in a World Bank project expected to take off in July 2010.
In the meantime, the District Assembly which is the legal owner of the water supply system is entreated to assist the Water and Sanitation Development Board of the town to repair the damage to restore water supply to the town.
Mr. Jabaah 11:30 a.m.
Madam Speaker, this is very urgent. The people, as I am talking to you now have no water there. I would want to know from the Hon Minister if they have any urgent solution to the problem.
Mr. Abongo 11:30 a.m.
Madam Speaker, as I have stated in the Answer, the urgent solution will be for him to ask the District Assembly, to see what immediate remedial repairs can be carried out at the water intake point.
Mr. Jabaah 11:30 a.m.
Madam Speaker, I would want to ask the Hon Minister who is in charge of water resources in this
Mr. Jabaah 11:30 a.m.


country to rather do that and not me as an Hon Member of Parliament to do that. I think he as an Hon Minister in charge of water resources, if he is talking to the Assembly it will carry more weight than a mere Member of Parliament doing that, more especially a Member of Parliament speaking from the opposition side.
Madam Speaker 11:30 a.m.
Hon Member, a Hon Member of Parliament is a Member of Parliament with the same authority and powers. That is the way I see it.
Hon Member, was it a question? Did you mean that would he want to speak? This is because you could put that, in a question form to him.
Mr. Jabaah 11:30 a.m.
Madam Speaker, I am
insisting that the Hon Minister should put in a word to the Hon District Chief Executive (DCE) from my District Assembly and asking whether he is prepared to do that.
Madam Speaker 11:30 a.m.
Hon Minister, he is putting a question to you that, would you be prepared to do that?
Mr. Jabaah 11:30 a.m.
Madam Speaker, the water system belongs to the District Assembly. They are owners of the water system and not Community Water and Sanitation Agency. It is only an advice that I am giving to him.
Madam Speaker 11:30 a.m.
Hon Member, third question, please. Hon Member, if you have another question.
Mr. Jabaah 11:30 a.m.
Madam Speaker, I am
done with it.
Madam Speaker 11:30 a.m.
We move to the next Urgent Question in the name of the same person, Hon Jabaah.
Pipe Borne Water for the People of
Nakpale (Connection)
Mr. John Bennam Jabaah asked the Minister for Water Resources, Works and Housing when the people of Nakpale in the Kworli Area Council would be connected to pipe-borne water.
Mr. Abongo 11:30 a.m.
Madam Speaker, the population of Nakpale according to the 2000 Population Census and Housing data released by the Ghana Statistical Service and projected at an annual national growth rate of 2.6 per cent into the year 2009 is 3,138. Currently, the town has six boreholes fitted with hand pumps serving the population of about 1,800, that is, 300 people to a borehole.
The town qualifies for a small town water supply system as per Community Water and Sanitation Agency (CWSA) guidelines. By the same guidelines the District Assembly should put in a proposal for consideration by the on-going Canadian International Development Authority (CIDA)-funded Northern Regional Small Town Water and Sanitation Project which is a district-based project and with the District Assemblies in the project area playing the leading role in the selection of candidate towns for project intervention.
Madam Speaker 11:30 a.m.
Any more questions?
Mr. Jabaah 11:40 a.m.
Madam Speaker, it is true Nakpale has six boreholes. I left Nakpale last week Tuesday but I went round with the Hon Assembly Member for Nakpale township and out of the six (6) boreholes in Nakpale, only two (2) were functioning effectively.
Northern Region has a peculiar problem when it comes to water in the dry season. The boreholes are there but
when it comes to the dry season, they do not work effectively. You pump but water is not coming out and that is the problem the people of Nakpale are facing.
I want to know from the Hon Minister if he could be kind enough to add two more boreholes to the people of Nakpale.
Mr. Abongo 11:40 a.m.
Madam Speaker, the responsibility for repairs of boreholes is within the purview of the District Assemblies and the various communities. However, the request for consideration of an additional borehole will be directed to the Community Water and Sanitation Agency.
Madam Speaker 11:40 a.m.
Any other questions?
Mr. Jabaah 11:40 a.m.
Madam Speaker, I thank the Hon Minister for coming over to answer my Questions, I am grateful.
Madam Speaker 11:40 a.m.
Thank you, Hon Minister, for coming to answer our Questions.
The next Question stands in the name of Hon Ernest Attuquaye Armah for Minister for Roads and Highways.
ORAL ANSWERS TO QUESTONS 11:40 a.m.
MINISTRY OF ROADS AND 11:40 a.m.
HIGHWAYS 11:40 a.m.
Mr. Armah 11:40 a.m.
Madam Speaker, I want
to correct the Minister, that the district is not Ga East but Ga West.
Now, in the Answer of the Hon Minister he did say that the project was terminated and that the project will commence again in this year 2010. Can he be specific when the project will actually start?
Mr. J. K. Gidisu 11:40 a.m.
Madam Speaker, as I noted, it is coming under the Transport Sector Project which is a foreign funded project. Our problem was the non- performance of the contractor and now that it is coming on such a project which is taking off by the end of the first quarter of this year, we will be able to cater for it as I noted in this fiscal year.
Mr. Armah 11:40 a.m.
Madam Speaker, I will go on to my next Question.
Bridge between Ashalaja and Ayikai Doblo
Mr. J. K. Gidisu 11:40 a.m.
Madam Speaker,
the Densu River had been bridged with a Bailey on the Ayikai Doblo-Ashalaja feeder road at kilometre 17. The condition of the bridge became poor due to the loss of parts of the decking and some bolts and nuts.
However, the bridge was repaired in September, 2009 and the road is currently motorable.
Mr. Armah 11:40 a.m.
Madam Speaker, I would
want to know from the Hon Minister if he can give us a definite axle load. This is because quite recently we all knew that they are saying that by February, the Adomi Bridge is no more going to take a certain amount of weight. So can he tell us exactly the axle load weight for the repaired Obom bridge.
Mr. J. K. Gidisu 11:40 a.m.
Madam Speaker, I think we indicated to our representatives in that area that the bridge -- Some people even went to dismember the bolts, but generally if he is talking about the Adomi Bridge, it is going to be closed in April but not in February, by the end of April. The axle load that we are expecting on that road is 11.5 tonnes and for that matter by extension the bridge under reference could also be limited to that. I may not be very specific in terms of the axle load on that one.
Madam Speaker 11:40 a.m.
The next Question
stands in the name of Hon Albert Kwasi Zigah (Ketu South).
Mr. Raphael Kofi Ahaligah 11:40 a.m.
Madam Speaker, the Hon Member is not in the House and he has asked me to ask the Question on his behalf.
Madam Speaker 11:40 a.m.
All right.
Agbozume Post Office to Taskgoner and Dogbekope Road
(Rehabilitation)
Q. 145. Mr. Raphael Kofi Ahaligah (on behalf of Mr. A. K. Zigah) asked the Minister for Roads and Highways what effort was being put in place to rehabilitate Agbozume Post Office road to the salt mining communities at Taskgoner and Dogbekope.
Mr. J. K. Gidisu 11:40 a.m.
Madam Speaker, the Agbozume Post Office-Taskgoner feeder road is 1.6 kilometres. The road is located in the Ketu South District of the Volta Region. It is partially engineered and in poor condition.
Future Programme
The road has been programmed for spot improvement this fiscal year 2010.
The Agbozume Post Office to Dogbekope feeder road is 5.6 kilometres. It is engineered and also in the Ketu South District of the Region. The condition of the road is indeed poor.
Mr. Ahaligah 11:40 a.m.
Madam Speaker, I would like to know from the Hon Minister, since that area is a salt mining area, if he will consider giving it a priority.
Mr. J. K. Gidisu 11:40 a.m.
Madam Speaker, it is as a result of that, that we have earmarked it for spot improvement this year.
Madam Speaker 11:50 a.m.
Any other question? Can we move on to the next Question in the name of Hon Zigah. Question 146.

Tengeykope-Akaglakope Road (Resumption of Work)

Q. 146. Mr. Raphael Kofi Ahaligah

(on behalf of Mr. Albert Kwasi Zigah) asked the Minister for Roads and Highways when work would resume on Tengeykope to Akaglakople road.
Mr. Gidisu 11:50 a.m.
Madam Speaker, the Tengeykope to Akaglakope feeder road is 3.3 kilometres. The road is located as well in the Ketu South District of the Volta Region. It is partially engineered and in a very poor condition. There is no ongoing contract on this road.
Future Programme
Engineering studies will be carried out on the road this year. Based on the outcome of the studies and availability of funds, the required intervention will be undertaken.
Madam Speaker 11:50 a.m.
The next Question stands in the name of Hon Herod Cobbinah, Member of Parliament for Sefwi Akontombra.
Mr. John Gyetuah 11:50 a.m.
Madam Speaker,
the Hon Member is not in the House, he has therefore asked me to seek permission from you and ask the Question on his behalf.
Madam Speaker 11:50 a.m.
All right.
Some Roads in Cocoa Growing Areas (Construction)
Q. 149. Mr. John Gyetuah (on behalf of Mr. Herod Cobbinah) asked the Minister for Roads and Highways when the following roads in cocoa growing areas will be constructed:
( i ) Akontombra-Ess ieso- Enchi- Cdiadieso Junction Link.
(ii) Akontombra Alikrom Junction- Seidukrom Meseba Link
(iii) Bokaso Adukwasi-Antwikrom Link
( i v ) N e w J e r u s a l e m Atwakan- Nyameadom
Mr. Gidisu 11:50 a.m.
Madam Speaker, the road mentioned is made up of two distinct roads.
The 4.7 kilometres Akontombra-Esseso road is in the Sefwi-Akontombra District and the 50 kilometres Enchi-Dadieso road in the Aowin-Suaman district, all in the Western Region.
The Enchi Dadieso trunk road is in fair condition while that of the Akontombra- Essieso feeder road is in poor state.
Current Programme
The Enchi-Dadieso road has just been maintained under the Ghana Highway Authority's 2009/2010 routine maintenance programme. The works undertaken included grading, excavation of ditches and sectional gravel patching of the worst sections.
Future Programme
Engineering studies will be carried out
Mr. Gyetuah 11:50 a.m.
Madam Speaker, I want
to find out from the Hon Minister, in his first Answer, he says that engineering studies will be carried out on the 4.7 kilometres. May I know from him when exactly the engineering studies will start?
Mr. J. K. Gidisu 11:50 a.m.
Madam Speaker, it will be carried out in the first quarter; that is before April. That district experiences heavy rains so our engineers will be doing the studies before the rains, which starts in May-June. So we hope it will be carried out this first quarter.
Mr. Gyetuah 11:50 a.m.
Madam Speaker, considering the Answer that the Hon Minister has given, I want to find out from the Hon Minister, when exactly does he project that the actual work will begin on that particular road?
Mr. J. K. Gidisu 11:50 a.m.
Madam Speaker, we programmed ourselves to do a lot of these before the onset of the rains. So for that matter, I can assure him that the first six months of the year will see serious work on those stretches.
Mr. Gyetuah 11:50 a.m.
Madam Speaker, I want to ask the Hon Minister, considering the fact that Western Region is on the rainforest -- I want to find out from him whether he has a special programme for the Western Region in terms of awarding of contracts because in the normal circumstance, contracts were awarded from March or July. So it came to the rainy season and contractors could not actually take the job.
Looking at the Western Region as an entity, does he have a programme to package Western Region differently from other regions, depending upon the circumstances over there?
Mr. J. K. Gidisu 11:50 a.m.
Madam Speaker, if my Hon Colleague got me right, I noted the peculiar situation of heavy rains in that district and the region as a whole. For that matter, whatever we are doing as intervention or undertaking projects there, we take cognizance of the rain pattern, and I will assure him that we are at home with that situation.
Madam Speaker 11:50 a.m.
Hon Minister, we thank you for honouring our invitation to answer our Questions.
MR. SECOND DEPUTY SPEAKER
Mr. Second Deputy Speaker noon
Hon Members, at the Commencement of Public Business -- item 6, motion Hon Minister for Finance and Economic Planning.
Mr. E.T. Mensah noon
Mr. Speaker, I want to stand down items 6, 7 and 8 and take motion number 10.
I thank you Mr. Speaker.
Mr. Second Deputy Speaker noon
Item number 10, motion, Chairman of the Finance Committee.
MOTIONS noon
Chairman of the Committee (Mr. J. K. Avedzi) noon
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 amounting to US$ 7,195,694.00 dollars on equipment and materials to be imported or purchased locally in respect of the design, supply and installation of Acrow Permanent Steel Bridges in Ghana.
Mr. Speaker, in doing so I present your Committee's Report and wish that the Hansard Department captures the entire Report as having been read while I dwell on few areas.
1.0 Introduction
The request for the waiver of tax liability on equipment/materials to be imported or purchased locally in respect of the design, supply and installation of Acrow Permanent Steel Bridges in the Republic of Ghana was laid in the House on Thursday, 3rd December, 2009 and referred to the Finance Committee for consideration and report in accordance with article 174(2) of the Constitution and Order 169 of the Standing Orders of the House.
The Committee met and considered the request with the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh and technical teams from the Ministries of Finance and Economic
Chairman of the Committee (Mr. J. K. Avedzi) noon


Planning and Roads and Highways and presents this Report.

2.0 Background

Ten years ago (thus in 1999), the Ministry of Roads and Highways launched the “Road Sub-Sector Development Programme (RSDP)” to improve the condition mix of road network throughout the country. Under the RSDP, the Department of Feeder Roads (DFR) launched a strategic plan to replace weak or broken log bridges with short and medium-span steel composite bridges and the construction of major box culverts over water crossings to reduce traffic bottlenecks on our feeder roads.

Currently Ghana has a feeder road network of 42,000 kilometres, out of which 26,000 kilometres or 64 per cent is engineered. The remaining 36 per cent is either un-engineered earth roads or are partly engineered feeder roads with lots of broken or weak log bridges and water crossings not spanned. The country also has a large population living in rural areas, where employment does not match population growth.

The major employment in these areas is mostly smallholder subsistence farming, resulting in high levels of poverty and high rate of unemployment. Further to this, the rains cause extensive damage almost every year to road structures such as pavement and old wooden bridges, making many feeder roads impassable during the rainy reason.

The aim of the facility is therefore to improve the daily life of rural people and to properly support the socio-economic

development of rural areas by constructing permanent steel bridges to remove these transport bottlenecks.

3.0 Approval of the Credit Facility

Parliament on Thursday, 30th October, 2008 approved by Resolution the Mixed Credit Facility between the Government of the Republic of Ghana, Societé Generale, New York Branch and World for World Organisation for an amount of US$37,219,072.00 for the design, supply and installation of permanent steel modula bridges in the country.

4.0 Required Waiver

The total amount of taxes and duties required to be waived is seven million, one hundred and ninety-five thousand, six hundred and eighty-five United States Dollars (USD7,195,685.00).

Attached as Appendices 1 - 4, are assessments conducted by the Customs, Excise and Preventive Service (CEPS) on the tax liability required to be waived.

5.0 Observations

The Committee noted that the taxes and duties required to be waived, as assessed by the Customs, Excise and Preventive Service (CEPS) are as follows:

109 PCS Acrow Panel Steel Bridges and Tools -- US$7,062,889.00

Two (2) Units of Low Bed 20 Tonne Truck with Hydraulic Crane

-- US$16,169.00

Three (3) Units of Toyota Station Wagon Vehicle

-- US$76,260.00

Five (5) Units of Toyota Double Cabin Pick-ups - -

US$40,376.00

T o t a l T a x L i a b i l i t y - -

US$7,195,694.00

The Committee observed that the construction of 100 modular steel bridges throughout Ghana under the Acrow bridges programme involves the design and supply of steel components and all sub-structure works and approach road works.

The project is expected to take a period of four (4) years to complete.

The Committee further noted that restricted transport access at bridge sites does not only hamper potentially vibrant economic activities but also affects access to social services and facilities such as schools, hospitals and markets, resulting in low educational standard and greater prevalence of poverty in the rural areas.

The technical team informed the Committee that the Department of Feeder Roads (DFR) has identified 5,000 water crossing points which hamper basic access to rural dwellers in Ghana. One thousand two hundred (1,200) sites, out of the five thousand (5,000) water crossings have been prioritized based on urgent request made by communities and the DFR's own assessment as being in dire need of financing to construct.

The Committee observed that the project is aimed at improving the daily life of people in rural areas and to support the socio-economic development of the rural areas by removing transport bottlenecks.

6.0 Conclusion

The Committee recommends to the House to approve by Resolution, the waiver of tax liability totalling US$7,195,694.00 on equipment/materials to be imported or purchased locally in respect of the design, supply and installation of Acrow Permanent Steel Bridges in the Republic of Ghana in accordance with article 174(2) of the Constitution.

Respectfully submitted.
Mr. Second Deputy Speaker noon
Hon Members, the motion has been moved and seconded and it is for the consideration of the House.
Question proposed.
Mr. Joe Kwashie Gidisu (NDC -
Central Tongu): Mr. Speaker, I also rise to associate myself with the motion on the waiver of taxes on those bridges. Mr. Speaker, as the sector Minister, it is quite relieving that we have through the Acrow Bridges of the United States of America those hundred bridges which are only coming to make a dent on the total bridge requirements that we have for the country.
Mr. Speaker, I wish to inform the House that the first consignment of those bridges are already at Tema awaiting this waiver which will enable us clear them and start the process of locating them at those vantage points.
It is therefore, as noted by other Honourable Members, prudent for this House to, as a matter of urgency, pass this waiver so that we will be able to reduce the frustrations among our rural dwellers who are faced with river crossings at their various points in terms of their everyday life. I hope that when other facilities with regard to similar bridges come before this House, we will treat it with the dispatch we are giving to this motion.
On this core, I humbly ask my Hon Colleagues to support the motion.
Nana Akomea (NPP - Okaikoi South) noon
Mr. Speaker, I rise to support the motion. But Mr. Speaker, I notice that we are being asked to approve the waiver of taxes in connection with the design and installation of steel bridges.
Mr. Speaker, you would recall that, the last time that steel bridges were being built in this country, it occasioned a severe compromise for public officials, the very famous “Mabey and Johnson” scandal - [Interruptions] It is just a note of caution that the Ministry should ensure that we are getting value for money, that we do not want to hear another “Mabey and Johnson” as far as the construction of steel bridges are concerned - [Interruptions] -- Why are you heckling me? I am giving
support this motion and in doing so, first of all, assure my Hon Friend Nana Akomea that there will be no “Mabey and Johnson” business. Due diligence has been done and we will get value for money.
Secondly, when you look at page
four of the Report, paragraph two, it is saying that the technical team informed the Committee that the Department of Feeder Roads has identified 5000 water- crossing points, et cetera. Quite often when we do these things -- when we talk about rural areas, we look outside Accra. Greater Accra rural is so important; we have similar problems and difficulties. So I am looking forward to when the list will be brought, as stated by Evalue Gwira Member of Parliament (MP), so that Greater Accra rural is taken care of.
All of us have come from elsewhere to put pressure on Accra Metropolitan Assembly, Greater Accra rural always suffers because when you look at the statistical report, it is as if Greater Accra is not poor. But you can find the poorest of the poor in many of the rural areas in Greater Accra.
So Mr. Speaker, I hope the Hon Minister will take note and his technical men out there will take note. If they have not already identified areas in Greater Accra rural, my Hon Colleagues are here, Damgbe West, Shai Osudoku are here, all of us are here, we will give them a ride to the villages for them to know that we need to be taken care of.
I thank you very much, Mr. Speaker.
Mr. Second Deputy Speaker noon
Chairman of the Committee, you may want to wind up.
Mr. Klutse Avedzi noon
Mr. Speaker,
I wish to thank Hon Members for the support they have given to this particular waiver. We hope that the Ministry will do its work and provide the road network for
you good advice and you are heckling me - [Laughter] - So once the Minister can assure me that this due diligence will be ensured, I support the motion.
Thank you very much.
Mrs. Catherine A. Afeku (NPP - Evalue Gwira) noon
Mr. Speaker, I rise to support the motion on the floor to waive tax liability amounting to over seven million dollars to ensure that permanent steel bridges are brought into the country. In so doing, I will also lend my voice to equitable and fair distribution of these bridges when they do arrive.
The reason why I am saying this is, especially, in the Western Region and in particular, Evalue Gwira, due to the recent floods we have had villages that are cut off because of lack of steel bridges and people are being ferried and being extorted for monies just to cross bridges and to bring back and forth their food stuffs to the market place.
Mr. Speaker, it is also imperative that we realize, that the amount is quite huge. So it will be prudent for the Finance Committee to bring us a breakdown of the actual content of this tax liability as to how it is being apportioned, per bridge, per cost to design, supply and install so that we will have a better sense of what we are waiving. I do lend my voice to the entire House in supporting this waiver as people of my constituency will hopefully get one or two of these bridges - and our situation will be resolved.
Thank you, Mr. Speaker.
Mr. Second Deputy Speaker noon
Hon
Majority Chief Whip.
12. 10 p.m.
Mr. E. T. Mensah (NDC -- Ningo/ Prampram) noon
Mr. Speaker, I also rise to
our people.
Thank you very much.
Question put and motion agreed to.
Mr. Second Deputy Speaker noon
Majority Leader, shall we proceed to item 11 -- Resolution?
Mr. E. T. Mensah noon
In fact we were
going to take the Resolution.
Mr. Second Deputy Speaker noon
Item 11
--Resolution, Hon Minister for Finance and Economic Planning.
Mr. E. T. Mensah noon
Mr. Speaker,
the Hon Minister himself is unavoidably absent, so I crave the indulgence of my Colleagues for you to permit one of his deputies, Hon Seth Terkpeh in his stead.
I thank you.
Mr. Second Deputy Speaker noon
Apparently there is no objection. Hon Deputy Minister, if you may please move the Resolution.
RESOLUTION noon
Mr. Seth Terkper (on behalf of Minister for Finance and Economic Planning) noon
Mr. Speaker, I beg to move, that,
WHEREAS by the provisions of article 174 (2) of the Constitution, Parliament is empowered to confer power on any person or authority to waive or vary a tax imposed by an Act of Parliament;
THE ExERCISE of any power conferred on any person or authority
to waive or vary a tax in favour of any person or authority is by the said provisions made subject to the prior approval of Parliament by resolution;
BY THE COMBINED operation of the provisions of section 26 (2) of the Customs, Excise and Preventive Service (Management) Law, 1993 (PNDCL 330), the Export and Import Act, 1995 (Act 503), the Export Development and Investment Fund Act, 2000 (Act 582), the Value Added Tax Act, 1998 (Act 546), the Value Added Tax (Amendment) Act, 2000 (Act 579) and other existing Laws and Regulations applicable to the collection of customs duties and other taxes on the importation of goods into Ghana, the Minister for Finance and Economic Planning may exempt any s ta tu tory corporation, institution or individual from the payment of duties and taxes otherwise payable under the said Laws and Regulations or waive or vary the requirement of such statutory corporation, institution or individual to pay such duties and taxes;
IN ACCORDANCE with the provisions of the Constitution and at the request of the Government of Ghana acting through the Minister responsible for Finance and Economic Planning, there has been laid before Parliament a request by the Minister for Finance and Economic Planning for the prior approval of Parliament the exercise by him of his power under the Laws and Regulations relating to the
waiver and exemption of tax liability amounting to US$7,195,694.00 on equipment/materials to be imported or purchased locally in respect of the design, supply, and installation of Acrow Permanent Steel Bridges in Ghana.
N O W T H E R E F O R E , t h i s Honourable House hereby approves the exercise by the Minister responsible for Finance and Economic Planning of the power granted to him by Parliament by Statute to waive such taxes and duties or to exempt the payment of such taxes and duties amounting to US$7,195,694.00 on equipment/ materials to be imported or purchased locally in respect of the design, supply and installation of Acrow Permanent Steel Bridges in Ghana.
Mr. Avedzi noon
Mr. Speaker, I would like to second the motion.
Question put and motion agreed to.
Resolved accordingly.
Mr. Second Deputy Speaker noon
Hon
Majority Leader?
Mr. E. T. Mensah noon
Mr. Speaker, we
want to take item number (8).
Thank you.
Mr. Second Deputy Speaker noon
Item
(8), Chairman of the Committee.
MOTIONS noon
Mr. Avedzi noon
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 amounting to €1,887,664.00 on equipment/ materials to be imported or purchased locally in respect of the supply of steel bridge components for the construction of bridges on Wa-Walewale network of roads.
Mr. Speaker, in doing so I present your Committee's Report and wish that the Hansard Department captures the entire Report.
1.0 Introduction
The above request for waiver of tax liability was laid in the House on 3rd 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.
In considering the Request, the Committee met with the Deputy Minister for Finance and Economic Planning, Hon. Seth Terkper and a technical team from the Ministry of Finance and Economic Planning and the Ministry of Roads and Highways and reports as follows: 2.0 Background
A number of road structures such as pavements and old wooden bridges are damaged in a number of rural areas making many roads impassable during the rainy season. This has by and large constrained rural development.
To improve and enhance the socio- economic development in these areas, Governments have been implementing a number of road infrastructural projects to improve upon this situation and to connect Districts to Municipalities and to Metropolitan areas.
The Department of Feeder Roads has a sub-component under the Road Sector Development Programme (RSDP) of the Ministry of Roads and Highways, to rehabilitate and upgrade weak or broken-down log bridges with short and medium- span steel, composite bridges and the construction of major box culverts and bridges over water crossings without existing structures to reduce bottlenecks plaguing the feeder road network.
In line with this, honourable Members would recall that on Thursday, 16th July 2009, the House approved by Resolution a Loan Agreement between the Republic of Ghana and Unicredit Bank of Austria AG for an amount of €7 million for the supply of steel bridge components for the construction of bridges on the Wa- Walewale Network of Roads.
Under this project, the following
bridges would be constructed:-
i. Bridges on River Kulpawn
ii. Bridges on River Gongonwu (Moori)
iii. Bridges on River Gongonwu
iv. Bridge on River Kudage
v. Bridge on River Gyanwalli
As part of the conditions of the loan, the materials/equipment to be imported or purchased locally for the implementation of the project are required to be waived of taxes and duties applicable in the country.
3.0 Total Tax Liability
The total amount of taxes and duties required to be waived is €1,877,664. The breakdown is as follows:
Attached as Appendices are an
assessment of taxes and duties on specified goods for which the request for tax waiver is made.
4.0 Observations
The Committee observed that the project when completed would remove bottlenecks at bridge sites and river- crossings that hamper smooth access of rural dwellers to key towns and social services resulting in low educational standard, poor health and deepening poverty in the rural areas.
The Committee further observed that with the Ghana Poverty Reduction Strategy (GPRS), the basis of the country's development agenda strongly highlighted the correlation between rural development, economic growth and poverty reduction. The contribution of road accessibility to economic growth and consequent poverty reduction could therefore not be overemphasized.
It was further observed that the lack of basic water-crossing structures sometimes make investment decisions in the rehabilitation of rural roads not feasible. It makes access to and from communities beyond the rivers virtually impossible during the rainy season.
The Committee was informed that transport services in these areas would be improved. Furthermore, long detours will be reduced thereby resulting in reduced
transport cost and travel time.
The Committee noted that the construction of the bridges would help improve access to market centres thereby improving the income levels of communities in these areas.
The Committee observed that the project would be completed within a period of 24 months.
5.0 Conclusion
The Committee, after satisfying itself with the benefits to be derived from the project, respectfully recommends to the House to approve by Resolution, the request for waiver of tax liability totalling €1,887,664 on equipment/materials to be imported or purchased locally in respect of the supply of steel bridge components for the construction of bridges on Wa- Walewale network of roads in accordance with article 174(2) of the Constitution.
Respectfully submitted. Mr. Alfred K. Agbesi (NDC --
Ashiaman): Mr. Speaker, I rise to second the motion and in doing so, I wish to make some few comments. Mr. Speaker, even though this motion is in respect of waiver of taxes on supply of material for bridges on Wa-Walewale network of roads, I want to say specifically, Mr. Speaker, that such bridges that need to be constructed are scattered all over this country.
Mr. Speaker, we are told by this Report
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Mr. Frederick Opare 12:20 p.m.
None

Suhum): Mr. Speaker, I believe this is the second waiver in a roll that we are granting or approving today, and while supporting it I would like to remind the Hon Minister for Finance and Economic Planning that on page 301 of the 2010 Budget under the headline “Policy Initiatives” and
TABLE HERE 12:20 p.m.
Mr. E. T. Mensah (NDC 12:20 p.m.
None

This tax waiver is part of the requirement of the loan. Apart from that, even if it were not and then the tax is slapped on the equipment, it is going to increase the cost of the installation on the bridge. So Ghana Government would have to go into its own resources to meet the liabilities. So I think it is appropriate. Apart from the fact that it is part of the conditions of the loan, it is also logical that this waiver takes place.

I thank you, Mr. Speaker.
Mr. Opare-Ansah 12:20 p.m.
Mr. Speaker, I
Mr. Second Deputy Speaker 12:20 p.m.
So now, you are making a clarification?
Mr. Opare-Ansah 12:20 p.m.
Yes. It was
unequivocal about what it meant. It said “special permits and parliamentary exemptions”. Now the Minister-designate for the Ministry of Employment and Social Welfare is pretending to begin to understand the work of the Hon Minister for Finance and Economic Planning more than the Hon Finance Minister and Economic Planning himself and he is trying to educate us on what the Hon Minister for Finance and Economic Planning meant.
Mr. Speaker, the Hon Minister for Finance and Economic Planning was clear, he says parliamentary exemptions tend to narrow the tax base and undermine the effective, progressivity, fairness and efficiency of the tax system. He did not go on to define which type of parliamentary exemptions, so he should rest his case.
rose
Mr. Second Deputy Speaker 12:20 p.m.
Chairman of the Committee may wind up?
Mr. E. T. Mensah 12:20 p.m.
Mr. Speaker, I beg your pardon. [Interruption.]
Mr. Second Deputy Speaker 12:20 p.m.
Otherwise this exchange may continue.
Mr. E. T. Mensah 12:20 p.m.
I think that it is important that this one is touched on.
Mr. Speaker, what do we utilise taxes for? The utilisation of taxes is to meet obligation of Government and then we are saying that we were collecting one million
rose
Mr. Second Deputy Speaker 12:20 p.m.
Hon
Minority Chief Whip, I believe we should let this end so that we can make progress. That was why I wanted the Hon Majority Chief Whip not to proceed further.
Mr. Opare-Ansah 12:20 p.m.
Very briefly, Mr.
Speaker. Mr. Speaker, by an extension of the
Hon Majority Chief Whip's argument, then we should as well give a blanket tax waiver to any government purchases that it intends to make in the future, because every purchase that Government is making is largely coming from some sort of revenue stream that the Government has.
Indeed, once the tax is on top, it is going to make that expenditure higher for Government. Why then do you say that because of that reason you want an exemption for a particular -- but you do not want exemptions for other items?
Mr. Second Deputy Speaker 12:20 p.m.
Very
well. Chairman of the Committee?
Mr. J. K. Avedzi 12:30 p.m.
Mr. Speaker, I
just want to thank Hon Members for their contributions and the point that the Minority Chief Whip has raised is very relevant. I think the Government has to take it up.
The issue is whether when we are contracting a loan, we should insist that the material imported should be taxed. If we do that, our cost of the project will be going up and we have to find a way of raising money to pay for it. So it is about basically an issue that if we sit down and look at properly, either way of the two is going to end up the same.
So Mr. Speaker, I thank Hon Members for this opportunity.
Question put and motion agreed to.
Mr. Second Deputy Speaker 12:30 p.m.
Item 9 - Resolutions.
Mr. E. T. Mensah 12:30 p.m.
Mr. Speaker, earlier on I obtained permission for the Deputy Minister to move the Resolution on behalf of the substantive Minister so I am only craving your indulgence that he continues with the same process.
Mr. Second Deputy Speaker 12:30 p.m.
Very well, he may continue.
.
RESOLUTION 12:30 p.m.
Mr. Second Deputy Speaker 12:30 p.m.
€1,877,664.00.
Mr. Terkpeh 12:30 p.m.
There is a transposition of 887 which should read 877.
Mr. Second Deputy Speaker 12:30 p.m.
And will it go to the last paragraph, the other paragraph, last but four line?
Mr. Terkpeh 12:30 p.m.
Mr. Speaker, it goes through the motion as well as other parts which is before the House.
Mr. Second Deputy Speaker 12:30 p.m.
All right, so wherever €1,887,664.00 appears it should read €1,877,664.00 - we should capture it like that?
Mr. Terkpeh 12:30 p.m.
Yes, Mr. Speaker.
Mr. J. K. Avedzi 12:30 p.m.
Mr. Speaker, I beg to second the motion that has been corrected by the Hon Deputy Minister.
Question put and agreed to.
Resolved accordingly.
Mr. E. T. Mensah 12:30 p.m.
Mr. Speaker, we
have come to the end of the business for this morning and I therefore move that this House do adjourn till tomorrow at 10.00 o'clock in the forenoon.
Mr. Frederick Opare-Ansah 12:30 p.m.
Mr. Speaker, I beg to second the motion.
Question put and motion agreed to.
ADJOURNMENT 12:30 p.m.