Debates of 23 Feb 2010

MADAM SPEAKER
PRAYERS 11 a.m.
ANNOUNCEMENTS 11 a.m.
Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 11:10 a.m.
Madam Speaker, last Friday, no thanks to events of the preceding day, we boycotted Parliament. We notice that some positive developments have taken place, we are not entirely satisfied, but as they say, half a loaf is better than none. We will engage the new Leadership of the House to pursue what we believe ought to be done to bring this matter to a closure.
Ultimately, Madam Speaker, some of us believe that the particular law which had been comatosed for thirty-five long years, certainly, is an obnoxious piece of legislation which should be allowed to die and not be given any space to have further procreation.
Madam Speaker, having said that, we are here because of the positive developments that have taken place; we will continue to discuss the matter and engage our Hon Colleagues, particularly, the Leadership of the Majority to further look at ways of dealing with the matter and we believe that they would give us good ears.
Madam Speaker, last Friday, in our absence, a new Leadership was introduced into this House on the part of the Majority. We are told and do see same to be true today, that the Hon Member for Zebilla, Mr Cletus Apul Avoka, has been elected
as the Majority Leader by his peers; that is how it should go.
Madam Speaker, we have also been informed that the Hon Member for Wa Central, Mr Abdul-Rashid Pelpuo, was also elected and presented to the House as the Deputy Majority Leader. Mr. Gershon K. B. Gbediame, the Hon Member for Nkwanta South has been given promotion; there has been some vertical adjustment in his life and he has now been made the Majority Chief Whip. The Hon Member of Parliament for Savelugu retains her position as the First Deputy Whip for the Majority with Hon George Kuntu Blankson coming in as the Second Deputy Whip for the Majority.

Madam Speaker, thankfully, the Members have been endorsed by their Colleagues in the Majority and that is how it should be because some of us were going to find it difficult -- the Majority Leader because the Party that has the majority of seats in Parliament at the same time controls the Executive, doubles up not only as the Majority Leader, as Leader of the House and as Leader of Govern-ment Business in the House.

Madam Speaker, it was going to be difficult for some of us if the Leadership was going to be appointed by the Executive for us to accommodate them as the Leaders of the entire House, particularly the Majority Leader. But thankfully, we have gone beyond that -- [Interruptions] --

And for those of them who are engaging in rancorous choruses -- [Laughter] - Madam Speaker, we have travelled this distance before -- The year 1998, when the baton was changing from the Hon J. H. Owusu-Acheampong who was the then Majority Leader to Dr Kwabena Adjei, as the incoming Majority Leader and Leader of the House. Unfortunately, the proposal was made to appear as if it was coming from the President and the House starting with the Minority opposed it.

The Speakership rectified the otherwise anomaly and said they would allow the Majority to decide which was eventually what happened, and we thought that we should not have been taken on this route again. As I am saying, we are happy that the correct thing has been done and now, the Hon Cletus Avoka, who I know in some other life is now the new Leader of -- [Interruptions] -- the Majority.

Madam Speaker, once again, I just want to congratulate them. On behalf of the Minority group, I am congratulating the Hon Cletus Avoka as the Majority Leader and the Leader of the House from hence. The entire crew with him, we congratulate them on their elevation. We know the calibre of people they are, some of them very very experienced. Some of us met some of them in this House and we know they are very experienced.

We would co-operate with them and hope that they would contribute to building Parliament as a strong institution just like the immediate predecessors did. Madam Speaker, we want to believe that we would not be reminded of the musical instrument of yesteryears which we used to call “His Master's voice”.

Madam Speaker, the Hon Cletus Avoka, we know, is a capable person. Let them demonstrate that they are capable people, they are men of their own and definitely, we would co-operate with them.
Madam Speaker 11:10 a.m.
Thank you, Hon Minority Leader.
Majority Leader and Leader of the House (Mr Cletus A. Avoka) 11:10 a.m.
Madam Speaker, I would want to commend the Minority Leader and Members of the Minority Caucus in Parliament for the positive decision they have taken to call off their boycott of Parliament and come back for us to do business for this country -- [Hear! Hear!] We all appreciate, Madam Speaker, that the boycott of Parliament did not begin last Friday or today, it has been with us for some time now.
Even though boycott is part of our democratic dispensation, I would want to pray that we should exercise it as a last resort and then with circumspection. So I appreciate very much their coming back to Parliament today. And as the Minority Leader indicated, the content of the law for which we are now talking about, there are processes of ensuring that obnoxious laws that are in our statute books are dealt with and I hope that we can give the Government the opportunity to look at that aspect and handle the matter.
Madam Speaker, on behalf of my Colleagues on the Front Bench, Hon Abdul-Rashid Pelpuo, Hon Gbediame and the two others, I would want first and foremost, to thank the Leader of our Party, the National Executive of the Party and indeed, my Colleagues in the Majority side of this House for putting us in this exalted position.
Madam Speaker, the practice and convention of our Party is that there are three stakeholders in the determination of the Leadership of the House. We have the Leader of the Party, we have the National Executive and of course, the Caucus who have the final say at the end of the day. I think that our present position has passed through these processes and I want to use this occasion and forum to thank our Leader, the National Executive and my Colleagues on this side.
Having said so, Madam Speaker, I would want to also pray that my Colleagues on the other side of this divide will give the opportunity, will co-operate with us and support us to be able to move this country forward.
Madam Speaker, there are challenges in this country and it is indeed, important for us to build consensus, to build bridges so that we would be able to move this country forward.
I want to assure the Minority that we on the front bench are team players and then we would do everything possible to co-operate, to consult them, particularly,
Madam Speaker 11:10 a.m.
Leader, thank you very much.
Yes, Hon Members, the next item is
Correction of Votes and Proceedings.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:20 a.m.
Madam Speaker 11:20 a.m.
Hon Members, Correction of Votes and Proceedings of Friday, 19th February 2010.
Pages 1 - 7 --
Yes, Hon Member?
Prof. (Emeritus) Samuel K. Amoako 11:20 a.m.
Madam Speaker, page (6), paragraph (4) (4), I was in the House last Friday. I was here when our Leader announced the withdrawal of the Minority side, but I have been marked absent.
Madam Speaker 11:20 a.m.
Thank you.
Pages 7 - 8 --
Yes, Hon Member.
Mr Albert Kan-Dapaah 11:20 a.m.
Madam Speaker, page 8 (11), I note that there was a Resolution; the Question was put and agreed to. Madam Speaker, this relates to a petroleum agreement
which had earlier been moved by the Chairman of the Committee, Hon Moses Asaga on Tuesday, and seconded by the Hon Member for Tarkwa/Nsuaem, Mrs Eugenia G. Kusi.
When the debate started, you indicated that we should stop further debate because an Hon Member, specifically, the Hon Member for Adansi/Asokwa, Mr K. T. Hammond had raised an objection to some aspects of the Report and said there were certain aspects which were misleading.
Your ruling was that we should stop the debate; the Committee should sit down again, probably, invite Hon K. T. Hammond and revise the Report. There is no indication here Madam Speaker, that a revised Report was submitted and yet, we have gone ahead to take the Resolution which had been agreed to.
Madam Speaker 11:20 a.m.
But do you have hard facts that they were not here? It may shock you, but do you have hard facts?
Mr Kan-Dapaah 11:20 a.m.
Madam Speaker, the television was very clear; we saw them - [Interruptions.]
Madam Speaker, on a more serious note, given the controversy that this one erupted when it was first introduced, I am surprised that this should be the line of action in approving it and Madam Speaker, I would be very grateful for your views on this. So if you can advise me on what I see as an abnormality.
Madam Speaker 11:20 a.m.
Yes, before I say anything, you raised certain facts. Yes, you were right when Hon Hammond raised certain matters which the Chairman of the Committee agreed to look up with his help.
I was informed that he had engaged him, and even on that day, I asked, whether the Report had been amended as we decided the day before, and that is why I was looking through the Official Report to find out and they said, yes, it had been engaged and corrected, and that was the decision we took on the Thursday to incorporate whatever mistakes he thought there was. So, I am afraid he is not here.
But I will call upon the Deputy Minister for Energy, who was here on Friday to confirm that -- I was told it had been corrected and he had been engaged. Deputy Minister, you were here on Friday, I did check up on that.
Mr Emmanuel Armah-Kofi Buah 11:20 a.m.
Madam Speaker, yes, I was. Some concerns were raised by the Minority side and those issues were addressed and the Chairman made it clear before we began the debate. So all the outstanding issues were addressed and agreed to by the Minority side. So there was no concern at all.
Madam Speaker 11:20 a.m.
That happened on Friday; I checked that. And then of course, business had to continue; like you know, the fact of a walk-out does not stop us from doing business. So that is what happened on Friday.
Mr Kan-Dapaah 11:20 a.m.
Madam Speaker, I will go back to your ruling on Friday, which was that, the Committee should come up with a revised Report which would then be brought to the House. Madam Speaker, there has been no such meeting that I am aware of. There has been no revised Report that was tabled
Madam Speaker 11:20 a.m.
Hon Member, the Report was not withdrawn, if you remember carefully. On Thursday, we did not go that far to withdraw the Report. I checked up on Friday that, was it withdrawn and they said, no, the order was that they were to take the concerns that had been raised, check it and then correct it. Was it not? So the Report was not withdrawn.
Mr Kan-Dapaah 11:20 a.m.
Madam Speaker, are they saying that there was a meeting of the Committee to discuss the Report?
rose
Madam Speaker 11:20 a.m.
Yes, Hon Member for Tamale South, Mr. Haruna Iddrisu, are you a member of the Committee?
Yes, Hon Deputy Minister.
Mr Buah 11:20 a.m.
Madam Speaker, let me refresh the memory of the Minority side. The concerns had to do with reference being made to specific companies in the agreement and the Minority had requested that it be changed to reflect other companies, because the argument was that we were comparing Afren to specific companies and that was changed, consultations were made with the Hon Member who raised the objection and the other members of the Committee. That was what was done and the Chairman made it known to the House what had been done.
Mr Joseph K. Adda 11:20 a.m.
Madam Speaker, I am the Ranking Member of the Committee on Mines and Energy and I am not aware of any meeting that had been held on the outstanding issues that were raised in this House. No such meeting took place at all. If there was any
consultation, it was probably done on a personal basis and not as a committee of the House.
Madam Speaker 11:20 a.m.
Yes, I think you said it was not a meeting, but consultation?
Mr Buah 11:20 a.m.
That is correct, Madam Speaker. And why the Ranking Member would not know is that he was not even here during the first debate.
rose rose
Mr Ghartey 11:20 a.m.
Madam Speaker, I yield to my Ranking Member.
Mr Adda 11:20 a.m.
Madam Speaker, it is, indeed, true that I was not there when the motion was moved, but I came in shortly after and I was informed of the issues that took place and I was also told that we were going to have a meeting to resolve those matters. The point I am simply making is that no such meeting was held for the Committee Members; that is all.
Madam Speaker 11:30 a.m.
I think you have made your point and if Friday's circumstances had been different, you would definitely, maybe, have raised it but you were not here to raise it and that is why we find ourselves where we have reached.
Mr Joe Ghartey 11:30 a.m.
Madam Speaker, I cannot but agree with you that if things were different on Friday maybe, this issue would not have been raised today. But the truth of the matter is that, Friday happened as it happened and Madam Speaker, if there was a meeting, it would have been recorded. There would have been a record of that meeting.
Madam Speaker, there was no meeting and I am a member of the Committee and I was here when Hon K.T. Hammond made his submissions and my understanding was that there would be a meeting. Madam Speaker, we raise these matters because of the safety nature of oil and gas. We raise these matters because the people of Ghana must see that we all have looked at this matter and have dealt with it. Indeed, we withdrew on Friday, we are back on Tuesday. If they had waited till Tuesday, today, we would have done it together.
Madam Speaker, the Trades Union Congress (TUC), a few days ago, raised the issue that as Ghanaians, we must be careful; there must be transparency in matters to do with oil and gas. It is important so that in future nobody comes and says that we are reviewing this agreement. It is important that we all look at this matter and we would abide by your decision and then we shall continue to advise ourselves. We want it to be on record that we disassociate ourselves with this Report. We were not part of it, we were not consulted and if anything comes out of it, we leave it on their heads.
Madam Speaker 11:30 a.m.
Thank you, Hon Member, except to say that you were not part of it by choice. [Hear! Hear!] And I thank you when you said you would abide. If you were here, no doubt, you would have raised all these things but we could not wait for you. So by choice, you were not part of it. Can we not let the matter rest because of the circumstances of this matter?
Mr Kan-Dapaah 11:30 a.m.
Madam Speaker, we believe that it is more than a question of “you were not present”. We are making a very important point that the Report was supposed to be revised after a meeting of the Committee. Madam Speaker,
Madam Speaker 11:30 a.m.
Hon Member, I will not revisit the matter because you chose not to be here. [Hear! Hear!] Answer is the same. If you were here, these matters could have been thrashed out. But you should have thought of all these things because Hon Member, you saw the Order Paper of Friday. You saw the Order Paper of Friday and I am not by any way challenging the decision to do what happened on Friday. But if you come back to use the same sword to cut - that you were not here and that we should have waited for you before dealing with that, then I will say, no. I will say no to you.
So I think I have ruled. The matter was decided on Friday, you were not here, no issues were raised. Which issue are you going to challenge? What did the Speaker say that you would want to challenge? If you were here to raise the matter that no meeting was held, yes, a decision would have been taken there and then. But we cannot go back to wait.
rose
Madam Speaker 11:30 a.m.
Yes, Hon Member.
Mr Dery 11:30 a.m.
Madam Speaker, I just want some guidance from you. I have in my hand the Official Report of Tuesday,

16th February, 2010 and at column 928, paragraph 4, is Madam Speaker. I just want us to synchronize this so that we do not appear to be ridiculous --

“Madam Speaker: Yes, let me react to the plea from the House that certain matters have been raised as making the Report a little deficient and he is asking -- we should defer it, they will go and look at it. I think that is the proper thing; I think that is the proper thing to do. He is the Leader and he is saying we should give him time to go and look at it. So I will grant it and will stand this down till next time when they look at the Report.

Hon Leader, I think your request is in order. When a report comes here and it is attacked for being incomplete, the best thing is to go and make it proper so that it could be properly debated and passed. And so I will stand it down - Hon Minority Leader, what do you think? I think that we should accede to his request to stand it down and re-look at the Report.”
Madam Speaker 11:30 a.m.
Hon Member, I have ruled and you are coming back for me to rule on the same matter. I said there was no decision about a meeting. They were going to re-look at it. They said they had re-looked at it and I am saying if you were here, this matter would be very pertinent. But you were not here and to come back and raise it, when by choice, you were not here -- I think I have ruled, so let us finish with this.
Mr Dery 11:30 a.m.
Madam Speaker, I am not
challenging. I am only saying that if there is evidence that it was re-looked, that is sufficient for me. Our absence is not the important thing. We were absent. Yes, we chose to be absent but if it had been in our proceedings that we re-looked at the
Report, that is all right but there appears to be an absence of that. That is all that I am drawing your attention to.
Madam Speaker 11:30 a.m.
Yes, Hon Member, I appreciate your point because that is the same point that the Hon Member raised and we discussed it; they said they did re- look at the thing and I am saying that if you were here, you would have challenged that assertion which was also told me that they had re-looked at it -- if you were here, you could have challenged that assertion. But I am saying you were not here and for that alone, we cannot go back because I made no decision that you would want to challenge that day on this matter. But of course, it is in your bosom.
rose
Madam Speaker 11:30 a.m.
Hon Member, I have closed this issue, if it is the same.
Hon Members, let us carry on with corrections.
We were on page 8 and an Hon Member raised certain matters. Yes, I have finished with it.
Let us move to page 9.
rose
Madam Speaker 11:30 a.m.
Hon Member, are you dealing with the same matter?
Mr H. Iddrisu 11:30 a.m.
Madam Speaker, I am dealing with corrections on page 9, the third paragraph, between Hon Emmanuel Armah-Kofi Buah, there should be “and” before the word “seconded”.
Madam Speaker 11:30 a.m.
Any more correc- tions on page 9?
Pages 10-11.
Prof. Christopher Ameyaw-Akumfi 11:30 a.m.
Madam Speaker, Shippers' Council.
Madam Speaker 11:30 a.m.
Do you want “Council” after . . .?
Prof. Ameyaw-Akumfi 11:30 a.m.
Madam Speaker, yes.
Madam Speaker 11:40 a.m.
Yes, thank you.
Any more corrections on page 11?
Pages 14 - 18.
Hon Members , the Votes and Proceedings of Friday, 19th February, 2010 as corrected is adopted as the true record of proceedings.
We move on to the parliamentary debates, Official Report of Wednesday, 17th February 2010.
Any corrections in the Official Report?
Dr. Anthony. A. Osei 11:40 a.m.
Madam
Speaker, column 935, the second statement attributed to me -- “Madam Speaker, he just laid the Paper and it has not even been ‘distributed'” not ‘touched' - column 935, the second statement attributed to me. The word ‘touched' should be deleted and replaced with ‘distributed'.
Madam Speaker 11:40 a.m.
Yes, any more
corrections?
Mr. Owusu-Ansah 11:40 a.m.
Madam Speaker,
may I crave your indulgence so that we go back to Votes and Proceedings for a small correction?
Madam Speaker 11:40 a.m.
No! We are now on
Official Report, please. I cannot go back. I will not go back.
Any other correction on the Official Report?
Hon Members, the Official Report of Wednesday, 17th February, 2010 as corrected represents the true record of proceedings.
We are now on Questions -- Is the Hon Minister for Energy here? Leader, is the Hon Minister for Energy here?
Dr Anthony A. Osei 11:40 a.m.
Madam Speaker,
I just need your guidance on a certain matter that occurred, maybe, a week ago. You recall when the Minister for Finance and Economic Planning came here and answered the Questions and it was followed by our interaction with the Deputy Managing Director of the International Monetary Fund (IMF), there was an issue that arose and Leadership was asked to look at it. This is because it is a constitutional matter and I need your advice as to how this House should proceed. The Hon Minister is categorically stating that we have contracted US$450 million loan, which was confirmed by the IMF Director in his speech, paragraph 2, when he said:
“The new allocation pumped some 250 billion in the world economy spread across our 186 members, Ghana's share was 450 million. This boosted it's Gross International Reserves by about 25 per cent.”
So the fact is that, we are taking credit for an amount of US$450 million, which in my humble view, may be in violation of our Constitution. And with respect, if I can read. The Constitution, article 181(3) (4) -- With your permission if I can read:
“(3) No loan shall be raised by the Government on behalf of itself or any other public institution or authority otherwise than by or under the authority of an Act of Parliament.”
(4) An Act of Parliament enacted in accordance with clause (3) of this article shall provide —
(a) that the terms and conditions of a loan shall be laid before Parliament and shall not come into operation unless they have been approved by a resolution
Dr Anthony A. Osei 11:40 a.m.
of Parliament;”
“And shall not come into operation” --that is the operative word -- “and shall not come into operation unless they have been approved by a resolution of Parliament;”.

It is a very serious matter. I think there is a way out, I have no problem in government wanting to take credit from higher international reserves. But I have a problem that this august House will continue inadvertently to be seen to be engaging in an illegality.

So this matter was raised with the Leadership that either we stop taking credit from this institution until that matter has been brought for approval or we will be seen to continuously be part of an illegality. As I said, seriously speaking, I could not sleep last night and I thought I will ask your advice on this matter because the people of Ghana may think that Parliament is glossing over such a grievous error and we need to -- if there is a defect, we ought to admit to ourselves and just find the best way to correct it, with respect.
Madam Speaker 11:40 a.m.
Yes, thank you, Honourable. I am glad to know that somebody else loses sleep over matters like this, like I do because I do lose sleep myself. It is a matter -- did you say you had a meeting with the Leadership? I was not here for Lipsky's lecture.
Dr A. A. Osei 11:40 a.m.
Madam Speaker, I
believe that the Hon Minister himself took some notes. When the matter was asked
of Mr. Lipsky, his answer was:
“As for us, we have given you the money, how you deal with your Constitution . . .”
That is a flippant way to answering such an important matter and I was very disturbed. So Leadership agreed that they will discuss it with the Minister and find a way forward on this matter.
rose
Madam Speaker 11:40 a.m.
Hon Member, were
you here that day?
Mr Abdul-Pelpuo 11:40 a.m.
Madam Speaker,
Madam Speaker 11:40 a.m.
Hon Member, we
do not always follow the rules. When a question, which is of importance like this is raised, and that it is an infraction of the Constitution, I will stop everything and see that we do the right thing. So that is why I am listening --
Mr. Pelpuo 11:40 a.m.
Madam Speaker, the
Madam Speaker 11:40 a.m.
Yes, let me listen
to your Leader.
Dr A. A. Osei. On a point of order.
Madam Speaker 11:40 a.m.
Yes, let me listen
to your Leader on this matter.
Leader! Hon Avoka, the Leader thing must stick now from today, Leader.
Mr. Avoka 11:40 a.m.
Thank you, Madam
Madam Speaker 11:40 a.m.
He has raised a
matter and if you were not in Leadership position then, of course, maybe, you were not consulted.
Mr. Avoka 11:40 a.m.
Madam Speaker, I will
urge that -- I will pray that we consult after this and then get the way forward in this matter. Let us defer it and consult after this.
Madam Speaker 11:40 a.m.
I think the proper
thing to do is to --
Dr A. A. Osei 11:40 a.m.
Madam Speaker, I
Madam Speaker 11:40 a.m.
That was why I
called upon him -- because the Majority Leader was here and I would have called upon him but I know he was not here during the Lipsky debate. I have answered it for you, have I not?
Dr A. A. Osei 11:40 a.m.
Madam Speaker, so
I hope you advise my good Friend, the incoming Deputy Majority Leader not to rise up on a point of order when his Leader is here. He will be seen to be subverting his Leader.
Madam Speaker 11:40 a.m.
Yes, Hon Kyei-
Mensah-Bonsu, did you want to say anything? Because I think we have answered him.
Mr Osei Kyei-Mensah-Bonsu 11:50 a.m.
Madam Speaker, I believe the Honourable Member is right in bringing this matter up. The Majority Leader must from hence know that he is the Majority leader and when he is called, he must respond
to it - [Laughter.] When he was called, it appeared he was lost and was looking round - [Laughter] -- He was looking round to see who the Majority Leader was, though he is the new Majority Leader of the House. He must accept that position from now on.
Madam Speaker, I believe that taking a cue from what the Majority Leader has said, we may need to meet to further consult. But what ought to be done is that since we went into a Committee of the Whole and these matters cropped up, it is for us to bring a report from the Committee of the Whole which will capture this to the plenary and then we accordingly and appropriately address it.
It is a very important matter and from the Committee of the Whole should ensue a Report, which will capture these sentiments and then we discuss them at the appropriate level.
Madam Speaker, I thank you.
Madam Speaker 11:50 a.m.
Thank you, Hon
Osei, I think that is the right thing. A report comes and when these are detected, relevant action is taken to right them.
Mr E. K. D. Adjaho 11:50 a.m.
Madam Speaker,
you have already made the ruling on the matter but I Chair the Committee of the Whole and it was clear that we were not supposed to present a report to this House for debate. It is not every Committee of the Whole that brings a report to the floor of the House for debate. This is a special committee of the Whole to allow the man since he was a stranger under our rules, who had no audience on the plenary, so that he could address Hon Members.
Hon Members of both sides of the House made their contributions, responses were taken and it did not occur to anybody that we were supposed to bring a report to the House for it to be debated. Indeed, nobody made that suggestion on the floor of the House but as I said ,we

agreed on the matter, and we will see how -- We are always improving upon our mode of doing business and we will see how the salient points are going to be captured.

This was not a typical Committee of the Whole where a particular paper is laid on the floor of the House and referred to the committee where the committee goes to the Committee of the Whole to consult and then bring a report to the floor of the House. No report was referred to the Committee of the Whole, which will warrant a report back to the plenary.

Thank you very much, Madam Speaker.
Madam Speaker 11:50 a.m.
Honourable
Member, if this is a novel case, we have to devise a way, and if the rules do not provide, then as you well know, Order 6 says that in all cases not provided in the rules, the Speaker shall make provisions, and I will say that --
Mr Adjaho 11:50 a.m.
Thank you very much.
We will do that. Now that the direction has come clear from the Chair, we will do that and bring it to the House at the appropriate time.
Madam Speaker 11:50 a.m.
Yes, because it is meant to correct a constitutional error, if so, and we cannot do it without seeing a report. So I will urge that a report comes, we all read it and if it is there, we will take action.
Mr Kyei-Mensah-Bonsu 11:50 a.m.
Madam Speaker, I thought that the initial ruling was going to end this matter until the First Deputy Speaker attempted to revise it, and in that enterprise, he sought to mislead this House.
Madam Speaker, the very visit of the Deputy Managing Director of the IMF was announced on the floor and referred
Madam Speaker 11:50 a.m.
Order what?
Mr Kyei-Mensah-Bonsu 11:50 a.m.
Order 7 - “‘Committee' means a Committee of the Whole (and that is where it starts), a Standing, Select, Special or Ad hoc Committee”. Madam Speaker, reports are to ensue from committees, there is no exemption. Indeed, if the matter from the committee cannot be considered at plenary, then we could go into a Closed Sitting to discuss it.
So he saying that it is not necessary for a report to be issued from every committee and that a report in the first place, or document in the first place, will have to be given to the committee before they go to study and report on it to the plenary, Madam Speaker, it is very erroneous, and he should not lead this House on the path of righteousness.
Madam Speaker 11:50 a.m.
Except to say that -- Order 6 only gives that power to the Speaker. So even if it was not there like you are saying, the Speaker will say that it should be here.
Mr Kyei-Mensah-Bonsu 11:50 a.m.
Madam
Madam Speaker 11:50 a.m.
Except you are not
going to challenge
Papa Owusu-Ankomah 11:50 a.m.
Madam Speaker, I am not going to challenge your ruling. I was just going to appeal to the Minority Leader and the First Deputy Speaker to sometimes forget their Whip antecedents. Sometimes they are overtaken by their antecedents as Whips and always try to operate in darkness, as the forces of darkness. Now, they are very leading members of this House, so I urge them, sometimes, to overlook a couple of things and not debate each other on almost every matter here.
Thank you, Madam Speaker.
Several Hon Members -- rose --
Madam Speaker 11:50 a.m.
I do not know
whether we are not wasting too much time. It is already 12.00 noon but I will allow you to give the last word to Mr First Deputy Speaker.
Mr Adjaho 11:50 a.m.
Madam Speaker, I have
just taken note that boycotting is not very good for the Minority Leader - [Laughter.] These few days he was out of the House, he has forgotten all the rules of the House. [Laughter.]
Madam Speaker 11:50 a.m.
Thank you. Shall
we move on? So a report must come. The order is that a report must come for us to see whether there is this anomaly. Let us see if it is relevant.
Madam Speaker noon
Alleged?
Mr H. Iddrisu noon
Yes, Madam Speaker. Government contracted 392 SDR which manifested in US$602 million and which was appropriately brought to this House for its consideration and approval. In respect of the US$450 million that he has raised, the G20, at a meeting approved US$250 billion to distribute to its members. Ghana benefited from US$450 million to strengthen its reserves and that accordingly was paid to the Central Bank of Ghana, not as a loan. Government has not requested for any US$450 million from the IMF for that purpose. I just wanted to set the records straight.
Madam Speaker noon
That is the Minister for Finance and Economic Planning in the making. [Laughter.] That is aside.
Dr A. A. Osei noon
Madam Speaker, un- fortunately, I thought Leadership had been advised to meet on this matter and the Hon Minister for Communications, pretending to be a Minister for Finance and Economic Planning tried to mislead this whole nation.
Madam Speaker, please, if he does not know the facts, he should let Leadership go and find out and come back; otherwise, we would take him to school here, please.
Madam Speaker noon
The order has
already been made that a report should come. We will find the truth or otherwise, in the report.
Thank you, Hon Members.
Let us move to Question time.
Mr Avoka noon
Madam Speaker, the Hon Minister for Energy is out of the country for an assignment that is dear to this nation. But his abled Deputy, who is an Hon Member of this House has graciously come to answer the Questions. So I am craving your indulgence and that of my Hon Colleagues, to permit the Hon Deputy Minister for Energy to answer the Questions for and on behalf of the Hon Minister.
Madam Speaker noon
Hon Minority Leader, there is a request that the Hon Minister - Yes? Admitted?

All right.
ORAL ANSWERS TO QUESTIONS noon
MINISTRY OF ENERGY noon
Mr Chaie noon
Madam Speaker, Ghanaians want to know the cost of acquiring a meter if the necessary criteria have been satisfied.
Mr Buah noon
Madam Speaker, for a separate meter, the cost of one phase meter is GH¢80.50, the three phase is GH¢172.50. For a government project,
if it is a Self- Help Electrification Project (SHEP) or National Electrification Project (NEP), the total cost is GH¢2.50 for a one phase and for the three-phase, it is GH¢3.15. That is why it is very important that during the National Electrification Project or the SHEP, communities take advantage of the cheap rates.
Mr Chaie noon
Madam Speaker, I live in a community that is densely populated. In fact, areas like Sukura, Zamarama Line, Zongo, Abossey Okai, Mataheko are densely populated areas. I want to find out from the Hon Deputy Minister if he is aware that people have to queue long hours in order to purchase pre-paid units, and what his Ministry is doing to redress the issue.
Mr Buah noon
Madam Speaker, ECG is very much aware of this very concern that has been raised by the Hon Member. According to ECG, vending as a new policy, or the standard is that vending has to be community-based --The standard is that every 2,000 customers must have a vending station.
Currently, it is estimated that ECG has about 500,000 pre-paid customers. That should give about 250 vending stations. Also, they have 150 -- that leaves a shortfall of about 100 vending stations. ECG intends to increase these vending stations to that number by the end of the year so that this issue of queuing would be addressed.
Mr Chaie noon
Madam Speaker, my last question. I want to find out from the Hon Deputy Minister what measures his Ministry has put in place to ensure that faulty meters are quickly repaired or replaced for consumers.
Mr Buah noon
Madam Speaker, apart from increasing ECG's own internal efficiencies and customer service responsiveness, trying to make the vending of meters a community-based programme, would also help address it. The Ministry will also make sure that we increase our supervision of the ECG to try to address this meter and vending issues.
Mr Stephen Yakubu noon
Madam Speaker, I would like to know from the Hon Deputy Minister, legally, what is the time limit for someone to apply, for the application to be accepted and for the meter to be supplied. I want to know the time limit for that.
Mr Buah noon
Madam Speaker, I am not very sure of the time limit but I can tell the Hon Member that ECG as a customer- oriented organization must respond to customer needs as quickly as possible, and as we push ECG to focus on addressing customer needs, customer responsiveness, this should be something that has to be done immediately as the customers want and that is what we are pushing ECG to get.
Mr Stephen Yakubu 12:10 p.m.
Madam Speaker, just a follow-up to that. The reason I am actually asking this is that, when you apply for a meter ,sometimes it takes you years to get it, and I am experiencing the same thing. So I actually want the Hon Deputy Minister to tell me exactly the time limit so that we will be able to pin Electricity Company of Ghana (ECG) down to supply these meters to customers who are suffering because of delay in issuing them.
Madam Speaker 12:10 p.m.
Yes, Hon Deputy Minister, you take the policy --
Mr Buah 12:10 p.m.
Madam Speaker, I know
that one of the reasons for the delay in supplying meters to customers has to do with shortage. As I speak to the Hon Member, there has been delivery of a lot of meters. So this backlog of meters is being addressed and I am sure that once we address this demand backlog issue, ECG should be in a position to respond as quickly as possible to customer needs.
Mr David T. Assumeng 12:10 p.m.
Madam Speaker, I want to find out from the Hon Deputy Minister, whether it is possible for us as Ghanaians to produce these meters in Ghana. Is it possible we can do that?
Madam Speaker 12:10 p.m.
Let us listen to him. The question ended with “is it possible we can?”
Mr Buah 12:10 p.m.
Yes, Madam Speaker, I am proud to tell the Hon Member that we have already company here in Ghana that produces meters and the meters are produced by Ghanaians.
Mr Joe Baidoe-Ansah 12:10 p.m.
Madam Speaker, I want to know from the Hon Deputy Minister who owns the meters after they have been purchased by the customers.
Mr Buah 12:10 p.m.
Madam Speaker, the meter
is still the property of ECG.
Mr George K. Blankson 12:10 p.m.
In answering the question with regard to acquisition of meters, the Hon Deputy Minister, I do not know if I heard him right, is saying that the acquisition of meters will be community- based. May I know what he is referring to?
Mr Buah 12:10 p.m.
Madam Speaker, the point that I made was that the standard is that, ECG has been moved to get Ghanaians on pre-paid meters and are going to ensure that for each 2,000 customers in
a particular location, they will have a community-based pre-paid meter station to service those 2,000 customers. And so, when I said it was going to be community- based, that was what I meant in that community.
Mr Kwame Osei-Prempeh 12:10 p.m.
Madam Speaker, the Hon Deputy Minister, in an answer, says that the meters belong to ECG. If so, what does the customer pay for? And is it possible, if the customer changes residence, to have the meter transferred to the new abode?
Mr Buah 12:10 p.m.
Madam Speaker, I know that more or less when a customer purchases a meter, it is for the customer's use in terms of the billing cycle. And when the customer moves, he is not allowed to disconnect the meter and move with it to the new location, and in that sense, the ECG has ownership of that meter. That is what I meant.
Mr Osei-Prempeh 12:10 p.m.
Madam Speaker, will the Hon Deputy Minister find means to address this rip-off of the customer? The customer pays for the meter, he does not own it; if he is changing residence, he cannot change it. Is it not a complete rip-off of customers, the poor ones in this country, and will the Hon Deputy Minister find means to address the situation?
Madam Speaker 12:10 p.m.
Hon Deputy Minister, that is a legitimate question.
Mr Buah 12:10 p.m.
Madam Speaker, ECG's operations are not done in a vacuum. The operation of ECG is backed by Legislative Instrument 1935, and that allows ECG to maintain meters in various homes, that allows ECG to respond to customer concerns, and it was passed by this very House, I am sure. Legislative Instrument 1935 allows ECG to operate the way they do.
Madam Speaker 12:10 p.m.
Hon Deputy Minister, I do not think that was the end
of the question. He asked whether you think it is fair that they have to go and buy another meter, and was putting some suggestion to you.
Mr Buah 12:10 p.m.
Madam Speaker, I think that I was answering the Legislative Instruments, that in terms of fairness to customers, I am sure that if the customers cannot have ownership of what they buy, there is some sense in what the Hon Member is saying. But it is not the judgment that I am making here today.
Mr Charles S. Hodogbey 12:10 p.m.
Madam Speaker, the Hon Member who asked the Question actually wants to know the use of separate meters in rented homes. Because most of the time, landlords and landladies increase tenants' share of the payment of the bills. I would like to know, does separate meter use necessarily increase electricity consumption threshold.
Mr Buah 12:10 p.m.
Madam Speaker, the tariff is structured in such a way that the more you consume electricity, the more you graduate into the higher-paying bracket. So in that sense, yes. The set-up where in a compound house various households use just one meter, makes them get into the higher bracket and paying more for electricity. That is why I said that ECG has brought the threshold from 400 to 300 to allow more households to qualify for extra meters in the various households.
Mr Ben A. Banda 12:10 p.m.
Madam Speaker, in the Hon Deputy Minister's Answer, he did indicate that one of the eligibility criteria for qualification for a separate meter is that the landlord or the landlady must consent to the application for the procurement of a separate meter.
Madam Speaker, there are many instances where landlords and landladies
consent to applications for procurement of separate meters. I would like to ask the Hon Deputy Minister what practical steps the Ministry is taking to resolve that problem.
Mr Buah 12:10 p.m.
Madam Speaker, I noted that this issue of the landlord refusing to endorse applications, refusing to allow tenants to rewire houses for the purposes of getting meters is a social issue. This issue can be better addressed by the Rent Control Board. I think that it is an issue that as Members of Parliament, we need to push with the various agencies responsible for controlling tenant- landlord relationships.
Maj. (Dr) (Alhaji) Mustapha Ahmed (retd): Madam Speaker, I would like to know from the Hon Deputy Minister whether there is a programme ongoing to change all existing meters to pre-paid meters. If so, when will the exercise end?
Mr Buah 12:10 p.m.
Yes, Madam Speaker, ECG has so far, at the last check, about 500 customers who have been on pre-paid meters, and they intend to extend that to all customers. I do not have the exact time limit, I will be happy to provide that to the Hon Member as soon as I can get that information.
Dr A. A. Osei 12:20 p.m.
Madam Speaker, can the Hon Deputy Minister tell us how many different contractors or producers of pre- paid meters have been contracted by ECG?
Mr Buah 12:20 p.m.
Madam Speaker, I do not
have the information here; I would be happy to provide that to the Hon Member.
National Electricity Grid -- Nkwanta North Communities
Mr Buah 12:20 p.m.
Madam Speaker, the Pibilla, Ogyiri, Tenjase, Kabre-Akura and Abunyanya communities do not form part of any of the ongoing electrification projects being undertaken by the Ministry. These communities will be considered under subsequent phases of the National Electrification Programme when funds become available.
Mr Nayan 12:20 p.m.
Madam Speaker, since these communities were selected and low tension poles were supplied by his Ministry, would he consider adding more poles while we wait for the next phase? [Pause.] The communities were selected and some poles were supplied to these communities, and I am asking whether he would consider adding more low tension poles while we wait for the next phase.
Mr Buah 12:20 p.m.
Madam Speaker, as I have
always restated the policy of the Ministry, if, indeed, the communities have low voltage poles and they are within twenty (20) kilometres of an existing line, then the Hon Member or the District Chief Executive (DCE) can inform the Ministry that indeed, the communities are ready
for Self-Help Electricity Projects and the Ministry would be happy to consider those communities.
Mr Nayan 12:20 p.m.
Madam Speaker, the poles
were supplied by his Ministry but up till now nothing is going on over there. I want to know when the next phase will start. Madam Speaker, can he tell this House exactly when funds would be available for the next phase to commence?
Mr Buah 12:20 p.m.
Madam Speaker, the
Ministry is constantly looking for more funds to ensure that all communities in Ghana have access to electricity. We are committed to the Government goal of ensuring that by 2020 every community in Ghana has access to electricity. We are currently looking at the communities and adding them to the programme to benefit from the electrification project. I cannot tell the Hon Member that these communities would be in this programme, but we would take a look and as soon as we can get to the communities, when funds are available, we would happily provide these communities access to electricity.
Mr Nayan 12:20 p.m.
Madam Speaker, I want to
know whether the Hon Deputy Minister is aware that five communities were selected in every district and poles were supplied for the SHEP-4 to take off.
Mr Buah 12:20 p.m.
Madam Speaker, I am not
aware, but I would be happy to work with the Hon Member to try and see what can be done.
Prestea Urban Electrification (Accruals)
Q. 440. Mr Francis Adu-Blay Koffie asked the Minister for Energy how much had accrued from the Prestea Urban Electrification Project from 31st December 2008.
Mr Buah 12:20 p.m.
Madam Speaker, VRA has since the 1960s supplied power to the State
Gold Mining Corporation (SGMC) and its successor companies as bulk supply customers. The companies have been responsible for the payment of energy consumed by the mine and the entire Prestea township. The arrangements for power supply to Prestea had always been between the VRA and the mining companies. Distribution of power within the town had been governed by arrangements between the SGMC or its successors and the Prestea town.
Following the divestiture of the Mines,
the new owners, New Century Mines (NCM) indicated their intention to suspend the existing power supply arrangements under which the mines paid for the energy consumed by the communities. They subsequently requested the VRA to separate the power supplied to the mine site from that of the communities. Currently, the mines pay only for the power that it consumes, leaving that of the communities to be paid by the consumers.
Information relating to the funds accrued from the Prestea Urban Electrification Programme is not available at the Ministry.
Mr Koffie 12:20 p.m.
Madam Speaker, may I know from the Hon Deputy Minister since when the New Century Mines suspended the existing power supply arrangement.
Mr Buah 12:20 p.m.
Madam Speaker, I do not have the exact day; I would be happy to provide that to the Hon Member.
Mr Koffie 12:20 p.m.
Madam Speaker, since
the Hon Deputy Minister says he does not know and he will conduct an investigation into it, may I also know whether the community has a direct supply from Electricity Company of Ghana (ECG) or through Volta River Authority (VRA)?
Mr Buah 12:20 p.m.
Madam Speaker, I know
that the community gets direct supply from the VRA.
Mr Koffie 12:20 p.m.
Madam Speaker, this is
my last question.
May I also know from the Hon Deputy Minister whether it is the ECG which reads the bills consumed by consumers in the community or it is the consumers themselves or the community in charge that bills the consumers.
Mr Buah 12:20 p.m.
Madam Speaker, I know
that the VRA manages the billing of the community, I know that there are discussions as we speak between VRA and ECG to try to transfer the Prestea town management, especially the metering to ECG.
Mr George K. Arthur 12:20 p.m.
Madam Speaker, I have an update and the current bank statement of the project here, and out of the about ¢3.5 billion; so wonderfully, this money has sublimed to about ¢86 million, that is GH¢8,600. I also have the handing-over note for this Prestea Electrification Project, and in the note it is stated those who are trustees and it found out that this project was left to the executives of the New Patriotic Party (NPP), where the trustee was the immediate past chairman of the NPP.
May I know from the Hon Deputy Minister why his Ministry, knowing that the power supply arrangement between the New Century Mines and the community has been suspended, did not care about where that money went?
Madam Speaker 12:20 p.m.
I am trying to look
at the question. The Ministry did not care; why did you say the Ministry did not care?
Mr G. K. Arthur 12:20 p.m.
Madam Speaker, to
simplify my question, what I am saying is that the Hon Deputy Minister says that he
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Madam Speaker, clearly, the submission by our Colleague is more of a statement than a question. It contains issues which raise arguments. Madam Speaker, and it offends our Standing Orders 67 (1) (b). Accordingly, Madam Speaker, I invite you to rule him out of order.
Madam Speaker 12:30 p.m.
67 (1) (b)?
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Madam
Speaker, yes, 67 (1) (b).
Madam Speaker 12:30 p.m.
I am afraid Hon
Member --
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Madam
Speaker, I think (f) also applies, since he goes on to say that the Deputy Minister did not care, which raises a charge of personal character. Madam Speaker, clearly, on these two legs, this question cannot be entertained.
Madam Speaker 12:30 p.m.
Yes, I uphold the
objection. I will not allow the question; it offends those two rules. Can I give you another chance to ask your question?
Mr G. K. Arthur 12:30 p.m.
Madam Speaker,
thank you very much. I think I have the documents but I will keep them aside and ask my question. My question to the Minister is, may I know why the
Ministry, knowing that the power supply arrangement between the NCM, that is, the mining company and the community had been suspended for years did not go to find out how much money had been collected?
Madam Speaker 12:30 p.m.
Maybe, he could answer that question.
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Madam
Madam Speaker 12:30 p.m.
But the wording is
different now?
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Yes, that
is why I am saying that he has dressed it in a different apparel, but the substance is the same, the value is the same, and for that reason, Madam Speaker, the two provisions still hold against the Hon Member.
Madam Speaker 12:30 p.m.
Well, I am not sure
I agree with you on this one. The question may be asking for the same answer but it is not clothed in argumentative language or imputations of official characters. So Hon Deputy Minister, if you can, can you answer the question? I suppose what he means is, why did you not go to find out? Is that the question? Can you put the question clearly once again as we have these objections?
Mr G. K. Arthur 12:30 p.m.
Madam Speaker,
I want to know where those monies that have been collected so far, when they would be collected by the Ministry, or when the Deputy Minister would take action to find out how much has been collected.
Madam Speaker 12:30 p.m.
Yes, I think the
Hon Member would agree that, that is a straightforward question.
Mr Buah 12:30 p.m.
Madam Speaker, what I
can say is that I am aware that there is
an outstanding bill owed by the Prestea town, and I am aware that the Ministry is working with Volta River Authority (VRA) and with the appropriate authorities in the Western Region to try to address these outstanding payments.
Maj (Dr) (Alhaji) Mustapha Ahmed
(retd): Madam Speaker, I would like to ask the Hon Deputy Minister whether this relationship is the same as exists in other mining towns between the VRA and the mining companies and the communities.
Madam Speaker 12:30 p.m.
Hon Deputy
Minister, I do not understand, but if you do, can you answer it?
Mr Buah 12:30 p.m.
Madam Speaker, I think
there is a history to this arrangement. There was a time when the mining companies were doing so well that they could afford to take care of the electricity bills in the communities that they operated. But I am sure that is a very old arrangement and now, most of the communities that had that operation are no longer enjoying that benefit and it includes Prestea, and that is why we have this challenge.
Prof. Christopher Ameyaw-Akumfi 12:30 p.m.
Madam Speaker, I would like to know from the Deputy Minister what the balance sheet in terms of social services is like. If you are not supplying the free electricity, you must be doing something else for the communities. Can he tell us what are being provided in place of the electricity which is not being given the communities?
Mr Buah 12:30 p.m.
Madam Speaker, I am not very aware of the negotiations that went on when this new mining company, New Century Mines, carved that arrangement. But I am sure the Ministry of Lands and Natural Resources or the appropriate authority that directly has supervision over mining companies can answer this.
Madam Speaker 12:30 p.m.
Thank you, Hon
Members.
Hon Deputy Minister, we have finished with you. We thank you very much for coming to answer our Questions.
Hon Members, shall we move to item
5 -- the Presentation and First Reading of Bills - the Minister for Justice and Attorney-General? [pause.] Yes Hon Majority Leader, is the Attorney-General here for item 5?
Mr C. A. Avoka 12:30 p.m.
Madam Speaker, if
you would oblige us, we want to pray that we take the Addendum Order Paper that has been circulated some few moments ago.
Madam Speaker 12:30 p.m.
You want to take that one?
Mr Avoka 12:30 p.m.
That is so, Madam
Speaker.
MOTIONS 12:30 p.m.
Majority Leader/Leader of the House (Mr. Cletus A. Avoka) 12:40 p.m.
Madam Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the approval of the membership of the Committee to advise the Speaker on the appointment of other members of the Parliamentary Service Board may be moved today.
Question put and motion agreed to.
Resolved accordingly.

Committee to Advise the Speaker on Selection of Other Members of the

Parliamentary Service Board
Mr Cletus A. Avoka 12:40 p.m.
Madam Speaker, I beg to move, that pursuant to clause (2) (b) of article 124 of the Constitution and section 5 of the Parliamentary Service
THE 12:40 p.m.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Madam Speaker, I rise to second the motion.
Question proposed. Mr Joe Ghartey (NPP - Esikadu/
Ketan): Madam Speaker, with respect, I have a few concerns that I want to raise.
Madam Speaker, the membership of the Committee is the Hon Majority Leader and the second person being the Hon Minority Leader. I know it has been a convention in the House that Leadership is a member of this Committee. But Madam Speaker, these same persons listed as (i) and (ii) are going to be Members of the Parliamentary Service Board.
So Madam Speaker, I would plead with Leadership on both sides, that perhaps, the Committee which is going to advise your goodself on appointment onto a Board of which they would be Members, they should stand aside; they should treat it as an outlet and give their Membership automatically -- They should give their positions on the Committee to their deputies. So instead of the Hon Majority Leader, Mr. Cletus Avoka, the Deputy Leaders should be members; the Deputy Leader of the Majority side and the Minority side should be members.
I also think that when we come to the third person, my good Friend, the Hon Minister for Information -- [Inter- ruption.] -- I think that my good Friend from the Ministry of Information, I invite
him to decline, because now, he is a part of the Executive. So with parliamentary matters, there are 230 Members of Parliament and I am sure that if he declines, there would be many, many people who are more than qualified to act in his stead. So I raise concern about (i), (ii) and (iii).
Madam Speaker, with respect, I rest my case.
Mr E. K. D. Adjaho (NDC -- Avenor/ Ave) 12:40 p.m.
Madam Speaker, I rise to express similar sentiments just expressed by the Hon Member for Esikadu/Ketan, Mr Ghartey. Madam Speaker, somebody might argue, that yes, we have done it before. But clearly, it is not the best practice. So I entirely share the sentiments that he has expressed.
The Hon Member for Talensi, Mr Akologu Tia is part of the Executive now. We all know that: We should not pretend, we know what the advice would be; we know already the advice and we know that at the end of the day, (i) is going to be a member; they are going to advise you that (i) should be a member by the practice of this House.
I think that (i), (ii) and ( iii) -- [Inter- ruptions] -- I think that they should just decline. [Laughter.] They should just decline and then let us get members from the House to advise you.
Madam Speaker, this is not a very contentious issue; we know that by the practice of the House, those would be members of the Parliamentary Service Board, together with you. I think that the sentiments expressed by Hon Joe Ghartey is well intentioned, it is a good one, we must improve upon our practices in this House.
Madam Speaker 12:40 p.m.
Hon Minority
Leader, I know that normally it is the Leaders who provide this list. That is why I am asking you --
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Yes,
Madam Speaker, I am aware of that. Madam Speaker, really, I am not minded to oppose the principle. But that has always been the convention. Now, I hold the opinion that my Hon Colleague has cited the Hon John Tia Akologu who has just been made a Minister of State; equally so, the Hon Member for Twifu-Atti Morkwaa, Mrs Elizabeth Amoah-Tetteh, who is a Deputy Minister.
Madam Speaker, I hold the view that Ministers and Deputy Ministers who are Members of Parliament are first and foremost, Members of Parliament and so nobody could argue that they should be deprived of their parliamentary duties. It is for that reason that some of us have always argued that Ministers should belong to committees, because even though they belong to the Executive, their prime responsibility as Members of Parliament is to oversight the Executive.
We may not allow them to serve on committees which would be oversighting their own Ministries. But it is a prime responsibility of Ministers who are Members of Parliament to exercise that right.
Madam Speaker, as for my -- [Inter- ruptions] -- That is constitutional. As for my humble self and the Hon Cletus Avoka, as I said, that has always been the principle. And Madam Speaker, what we have always done in this House, if a person rises to challenge any construc-tion in the consideration of any such -- The person must offer alternatives.
Here we are, our Hon Colleague got up and he has not made any proposals; he is just saying that we should negative what is here and he has not offered any proposals. And so, I want my Hon Colleague to offer proposals, that in the absence of this person, such a person should be there.
But Madam Speaker, having said that,

I believe we should contribute to enrich parliamentary procedure and for that reason, I would want to stand aside if that would please my Hon Colleague here who thinks that by his size, he would be able to intimidate me. Madam Speaker, I want to stand aside and propose that my deputy takes my place just so that we may enrich procedure in this House.

I know that there is nothing wrong if the Hon Majority Leader is minded to participate in this. But he may also take a cue and stand aside and then we move on; otherwise, this may linger. But we need to get this in place for the appropriate advice to be offered for a report to come to Parliament for us to approve of it before the State of the Nation Address is delivered by His Excellency the President, So I would plead with my Hon Colleague -- let us handle this quickly, just so that Hon Members, like the Hon Member for Esikadu/Ketan who thinks that he must always have his way, may be satisfied, at least, for today.
Madam Speaker 12:40 p.m.
Before I hear anybody else, let me hear from the Second Deputy Speaker.
Prof. Michael A. Oquaye (NPP - Dome-Kwabenya) 12:50 p.m.
Madam Speaker, the point made by Hon Joe Ghartey and the Hon First Deputy Speaker is a very serious matter, particularly when it goes to the roots of Legislature/Executive relations.
Madam Speaker, when we come to revise our Constitution or to consider amendments, one thing that is definitely going to feature strongly is the apparent dominance of the Executive -- not in any particular regime -- over this Legislature. It is a very, very important matter and it is a matter that must concern this Hon House so much so that we are even looking at the
Madam Speaker 12:50 p.m.
Thank you for your
contribution. I have just a small point to clarify with you.
Hon Second Deputy Speaker, you said when it comes to work of Parliament, Ministers consider their administrative duties to the Executive as coming first. Is that so?
Prof. Oquaye 12:50 p.m.
Madam Speaker, yes.
Madam Speaker 12:50 p.m.
What about the
Deputy Speakers when it comes to their duties as -- what comes first?
Prof. Oquaye 12:50 p.m.
Madam Speaker,
incidentally, when it comes to the Deputy Speakers, their Deputy Speakership is necessarily relating to the House of
Parliament.
Madam Speaker 12:50 p.m.
So when they also
walk out with the caucus, is it right? I need clarification.
Prof. Oquaye 12:50 p.m.
Madam Speaker,
there is a clear distinction between non- attendance and walking out. There is a clear distinction and I assure Madam Speaker that myself and my Hon Colleague are determined not to walk out on the Speakership and we would never do that. But Madam Speaker, that is different from non-attendance; that is the difference.
Madam Speaker 12:50 p.m.
Thank you. I
needed clarification of that last sentence.
Prof. Oquaye 12:50 p.m.
Madam Speaker, we mean it. In fact, we have even discussed it and we would not walk out when we are in Parliament. Madam Speaker, the occasion has arisen once and I was the only Hon Member of this House who remained in this House. But Madam Speaker, when I am outside, I do not come in.
I thank you very much.
Madam Speaker 12:50 p.m.
In which case, you
are suggesting that if I had wanted to get up yesterday, I could have called you to take the seat which I think -
Prof. Oquaye 12:50 p.m.
Madam Speaker, once
you call me, morning, noon or night, I am obliged to act.
Madam Speaker 12:50 p.m.
Well, I thank you
for the assurance. It means government business can always continue.
rose
Madam Speaker 12:50 p.m.
Yes, let us hear
from you and then we hear from Hon Tia Akologu, whose name has been particularly mentioned.
Mr Blankson 12:50 p.m.
Madam Speaker, I just
want to make an observation with regard to the statement my Hon Senior Colleagues at the other side made.
At this moment, I think we are trying to separate the Executive influence from Parliament so that Parliament will be more effective. And as much as we are trying also to ask our Hon young Colleagues or the back benchers to learn, I think it would be appropriate for us to maybe, nominate some of the back-benchers to serve on this Committee so that they also have a rich experience because it should not be the same. As it was yesterday, it should not be the same today.
Madam Speaker 12:50 p.m.
What about the front
benchers too? Not the Leadership but the front benchers.
Mr John T. Akologu (NDC --
Talensi): Madam Speaker, since my name has been mentioned, I have to make a comment.
Madam Speaker, but the Hon Minority Leader has said it all. I am here first and foremost on the ticket of the Talensi Constituency. I am here to represent them and I am ready to serve on any committee. But in this particular case, if it is the wish of the House that the Executive should not have influence on the House, I have no problem declining.
But I want to caution that in future, if we want to tap the experience of those of us in the Executive for other jobs, we should be careful because I know that very soon we would be discussing the conditions of service of the Hon Members of this House and the House would need me, so they should take note of that.
Mr Cletus A. Avoka 12:50 p.m.
Madam
Speaker, let us put the matter in proper perspective. The purpose or role of these five Hon Members is a very limited objective. Their duty is to advise the Speaker on the composition of members of the Parliamentary Service Board. These five Hon members are not necessarily
going to be Members of the Parliamentary Service Board.
If it was the case that these five Hon Members are all serving as Members of the Parliamentary Service Board, I could appreciate the argument about the fact that Ministers and what not do not come in. But they are just there to advise Madam Speaker. So these are the facts of it.
Papa Owusu-Ankomah 12:50 p.m.
On a point of order. Madam Speaker, the Hon Majority Leader is probably misleading the House. Indeed, this committee is to advise Madam Speaker on the appointment of two other members of the Parliamentary Service Board, not the entire membership. This is because the Hon Minority Leader and the Hon Majority Leader are members of the Board; we need two other members.
So really, it is not to advise on the membership. The Hon Majority Leader is automatically a member. The Hon Minority Leader is by statute a member, so it is the two other members, only two and not the membership.
Madam Speaker 12:50 p.m.
Yes, I think, like you say, the Hon Avoka is a member, Hon Kyei-Mensah-Bonsu is a member; it is Hon Tia-Akologu that the objection was raised at.
Hon Member, have you looked at
article 124?
Mr Ghartey 12:50 p.m.
Madam Speaker, indeed,
that is what I am looking at, article 124. There are only two automatic members, being the Speaker and the Clerk. As far as the Hon Majority and Hon Minority Leaders are concerned, they have become members by convention.
The argument we are making is that if people who by convention are going to be members are part of the Committee, which is going to advise on the membership, it
Dr A. A. Osei 12:50 p.m.
Madam Speaker, if
it cannot be amended now, then I am going to suggest that Leadership stands down this motion and come up with replacements tomorrow. Do we need the decision now?
Madam Speaker 12:50 p.m.
We need a decision
by Thursday to set up all these things unless you want to put it tomorrow.
Papa Owusu-Ankomah 12:50 p.m.
Madam
Speaker, we can have the two Deputies taking the positions. Since the Hon Tia Akologu used to be the Majority Whip, the Whip can also be part and then we have a lady. We can appoint one lady from the Minority, someone who is not a Ranking Member, Hon Elizabeth Agyeman. No, Hon Beatrice Bernice Boateng is not a Ranking Member. She is a Deputy Ranking Member. Hon
Elizabeth Agyeman belongs to the Pan- African Parliament, which is quite a substantive position.
So I propose Hon Beatrice B. Boateng, Member for New Juaben South; Hon Gershon Gbediame; Hon Ambrose P. Dery; and then Hon Abdul-Rashid Pelpuo, the Deputy Majority Leader.
Madam Speaker 12:50 p.m.
Except that since
we are discussing this membership, I can come in and offer my -- or you still want me to keep --
Papa Owusu-Ankomah 12:50 p.m.
Madam Speaker, incidentally you are bound by the advice of this committee. I will propose that if you have any suggestions, you let the Clerk have a look and then we would discuss it here. But your suggestions would be taken most seriously.
Madam Speaker 1 p.m.
I just will keep my mum here because -- all right.
Mr Avoka 1 p.m.
Madam Speaker, I thought that we should exhaust the discussion on the principle and if we take a decision on that matter then we can go ahead to make nominations, if any. Against that background, I started by saying that the purpose of this Committee is very limited. They are just to advise the Speaker on who should serve on the Parliamentary Service Board. By the composition of the Board, the Speaker has the mandate to nominate four people to be able to serve on the Board.
This Committee is only to advise the Speaker to nominate the people; after that exercise, they have nothing to do with the Parliamentary Service Board. So they are not members of the Parliamentary Service Board but just to advise you on a limited objective.
Certainly, both the Hon Minority Leader and the Hon Majority Leader are principal advisors to the Speaker. The Hon Minority Leader and Hon Majority Leader are principal advisors to the Speaker at all material time. Against this background, it is incumbent that we who are serving on it should be able to advise you like we have been doing.
There is no gain in this exercise. But to put them at the background and put their deputies or other people who at the end of the day will not be held responsible, I do not think that it is fair. If it is a case of Ministers of State, in effect, they may not have time.
But even though they are Members of Parliament first and foremost, if it is our good judgement that at the moment they should step aside and we get people who are not Ministers and that type of thing, I can appreciate that. But to say that those who by convention and by practice, and indeed, which are the force of law, are your principal advisors might not take part, is begging the issue.
Papa Owusu-Ankomah 1 p.m.
Madam Speaker, it is because the Hon Majority and Hon Minority Leaders are principal advisors to Madam Speaker, that is more reason they should not be part of this. Because it says “four other members all of whom shall be appointed by the Speaker acting in accordance with the advice of a committee of Parliament”. The legal import is clear. Madam Speaker is bound by that advice. If you know you are the principal advisors, you will be there on the Parliamentary Service Board by convention; that has been the convention.
You cannot have -- the convention has been that the Hon Majority Leader, Hon Minority Leader, a woman from the Majority caucus and one other ex- Member of Parliament -- That has been
the normal formula. But for this little remit, I do not think the immense advice of the Leadership will be lost. After all, the Leadership can even make suggestions to members of the committee.
So I agree that you are principal advisors to Madam Speaker but that is the more reason you should not be advising Madam Speaker to put you on the Board.
Mr Opare-Ansah 1 p.m.
Thank you, Madam Speaker, for lifting the ban on me - [Pause.]
Madam Speaker 1 p.m.
I think I will have to put it to the vote but since we have not agreed, shall we step it down till tomorrow so that you come with a list which is agreeable. Because it seems that we will never get the agreement the way we are going on in this House at this moment, so if we step it down till tomorrow, and then I am advised about the people who are going to advise me, I will put that to the vote and it will be easier.
Mr Avoka 1 p.m.
Madam Speaker, if I can crave your indulgence, I think there is a Statement to be made by an Hon Member, so if you can give myself and the Hon Minority Leader some two to five minutes behind the lobby, we can discuss and come back and give you the feedback while you take the Statement while we are away.
Mr Opare Ansah 1 p.m.
Madam Speaker, I was just thanking you for lifting the ban on my goodself for -- [Interruption.]
Madam Speaker 1 p.m.
No! Today, you are really --
Mr Opare-Ansah 1 p.m.
Madam Speaker, today, I am really good.
Thank you.
Madam Speaker 1 p.m.
Yes, you are in good --
Mr Opare-Ansah 1 p.m.
Madam Speaker, the issue at stake is coming from article 124 of the Constitution, subclause 2 (b) and with your permission, I quote:
“There shall be a Parliamentary

Service Board which shall consist of --

(b) four other members all of whom shall be appointed by the Speaker, acting in accordance with the advice of a committee of Parliament;”

Madam Speaker, I believe we already do have an Appointments Committee in Parliament which advises and also recommends for Parliament to approve the nominations of His Excellency the President. I have been toiling with the question in my head why are we going behind the Appointments Committee to set up a five-member committee or four-member committee or some other committee to advise Madam Speaker.

Indeed, what the Constitution said is “a committee of Parliament” and we already have a committee that performs a similar function. Why do we not simply go to that committee to help Madam Speaker? The Appointments Committee, it has most of the members already being listed here as members.
Madam Speaker 1:10 p.m.
But the Appoint- ments Committee does another job. It does another job.
Mr Opare-Ansah 1:10 p.m.
No. The Appoint- ments Committee is there to advise on issues of appointment.
Madam Speaker 1:10 p.m.
This is an ad hoc committee. They will finish their duty when we agree on the motion.
Mr Opare-Ansah 1:10 p.m.
Madam Speaker, I understand. It is an ad hoc committee by convention of Parliament. My point is that -- [Interruption.]
Madam Speaker 1:10 p.m.
That is why we are leaving it to you to find the list of people to advise me. So I would not approve
of this. It says clearly a “committee of Parliament”; which means, it is not a committee which we have established before.
Mr Opare-Ansah 1:10 p.m.
All right, Madam Speaker.
Madam Speaker 1:10 p.m.
But I think the application has been made to stand this down for a while because it is an urgent matter and maybe, we will take a Statement which -- I do not normally ask the Statement to be read immediately before I have really studied it but looking at it, it seems to be very urgent and I do not see anything wrong. I think we will go on with the Statement.
We stand this down and go on with the Statement which stands in the name of Hon Dr Francis B. Dakurah, the Member of Parliament for Jirapa.
  • [Resumption of debate at column 1195.]
    • STATEMENTS 1:10 p.m.
    Dr Francis B. Dakurah (NDC - Jirapa) 1:10 p.m.
    Madam Speaker, the country woke up this morning to an alarming headline story in the daily papers, reporting Cerebro Spinal Meningitis (CSM) in the Upper West Region, with my district, Jirapa, being the worst hit. The latest statistics have it that 53 communities in my district have been affected with 63 individuals needing urgent medical attention and unfortunately nine (9) casualties --
    Madam Speaker, this is not only horrifying as the situation is reported to have gone beyond the epidemic threshold to being an outbreak, but also a situation that ought not to have risen in the first instance.
    Madam Speaker, every year, this CSM cycle repeats itself to precision and to such
    an extent that it can no longer be regarded as isolated incidents. This is why the current situation should be considered as completely unacceptable within our health planning and delivery system.
    Madam Speaker, every year this deadly virus claims lives at some particular times of the year, usually announcing its arrival by picking on victims far and between before launching a full scale assault on unsuspecting citizens of this country.
    Madam Speaker, successive govern- ments over the years have always known this and our health planners too have got all the date on the peak times when this virus strikes and yet what happens every year? We have more of the same bad news.
    Madam Speaker, the people of this country are demanding answers why they are not vaccinated early enough ahead of the CSM period.
    Madam Speaker, the inability of our health planning and delivery system to tackle head-on this basic communicable disease, is a blight on our whole health delivery system and a serious obstacle to achieving Millennium Development Goals (MDGs).
    Madam Speaker, with these solemn words, I call on all my Hon Colleagues in this House to join me in mourning those lives that have been lost and to make an urgent plea for an immediate and urgent response with vaccines to the affected areas, and subsequently, a more sustained vaccination programme to curtail the yearly occurrence of this deadly virus.
    Thank you, Madam Speaker.
    Maj. (Dr) (Alhaji) Mustapha Ahmed (retd) (NDC -- Ayawaso East): Madam Speaker, I rise to contribute to the Statement ably made by my Hon Colleague Member of Parliament for Jirapa and in doing so, I will like to also express my sympathy to the families affected.
    Madam Speaker, my Hon Colleague alludes to the fact that the outbreak is due to a virus. I will like to correct him by saying that this is not caused by a virus. This is a bacterial infection and there is no deliberate vaccination programme because it is a problem that occurs across the Sahara in a belt and undertaking a vaccination exercise alone in Ghana will be very expensive because we have people moving across. But what the Ministry of Health and the Ghana Health Service has in place is a monitoring system that monitors susceptible districts and areas on annual basis.
    There is a threshold that when cases go past the threshold, the issue of vaccination and so on comes in. Inci-dentally in Ghana, we have been dealing with two types of bacteria, named simply as “A” and “C” and therefore, the vaccines that the Ministry of Health usually stocks is the “A” and “C” vaccines. This year's outbreak or epidemic is due to a strange stream which is classified as W135. And when there is a strange stream, the Ministry, as is done in most areas, seeks assistance of the Ministry of Health.
    Indeed, blood samples have been taken and all the routine processes have been gone through with the samples and duly filled forms have been sent to the World Health Organisation (WHO) office in Geneva and we are expecting that within 48 hours, the Ministry and the Ghana Health Service will receive a stock of the vaccines to be able to attend to the cases. The outbreak actually has affected the Upper West Region, and as we speak now, there have been 17 deaths, with the Jirapa District alone recording nine (9) deaths.
    The advice that the Ministry wants to send out, that is, the Ministry of Health, is for people to report to health facilities as soon as they begin to feel that they have headache, they have fever and they have neck pains. Now, any delay in reporting these cases to the hospitals can result in
  • [MAJ. (DR) (ALHAJI) AHMED a fatality. Fortunately, the cases that have been reported so far are responding very well to treatment using the regular all-based, long acting chlorophenicol antibiotics and the Ministry and the Ghana Health Service are monitoring the occurrences very closely in the various districts affected. They intend to move to the next phase of education which is probably to ban funeral celebrations because one of the things that can predispose people to this epidemic is overcrowding in places. Madam Speaker, I wish to join my Hon Colleague in expressing condolences to the families who are bereaved.
    • Madam Speaker 1:10 p.m.
    Thank you, Hon Member.
    Dr Kofi Asare (NPP -- Akwatia) 1:20 p.m.
    Thank you, Madam Speaker, for allowing me to contribute to the Statement. I send my condolences to the families so affected by this unnecessary deaths.
    CSM, Madam Speaker, we know is with us. We live in the belt. We know the epidemiology of CSM. We know when it will strike. It is not a strange disease. We know during the dry season we will get it and we fall squarely within the CSM belt. So there are no strange things and if we have good planning, we should be able to avert some of these deaths.
    In fact, one death is most unnecessary. One death from CSM at this time should be more than necessary. It is unwanted, it is tragic; and we should not in any way give excuses.
    Madam Speaker, if I heard my Hon Colleague say that W135 is the causative agent -- This is not the first time. I am sure if he has been doing antigenmological monitoring, he would have known that this was coming because W135 has been with
    us, coming from Niger and others and it has been coming along, so we should have known. This Government should have known that it was coming and we should have been better prepared to vaccinate our people against W135 instead of allowing 17 people to die.
    Madam Speaker, CSM is something that we get every year and we believe that we should not be starting education when 17 have died; when the thresholds have been -- education has started. I am not saying for political reasons. I am saying this that there has been a lapse in our system somewhere and that if this is when we are going to have education, then we are too late for prevention.
    We know it was coming; we should have started education right from somewhere in August when the rains were tailing off because the dryness brings CSM and with the rains -- Or, we should pray for early rains because with the rains, CSM will be curtailed. So we should start education right from the start of the end of the rainy season and not wait till when 17 have unnecessarily died.
    I believe that we sympathise with them and we urge our health authorities in the Upper West Region and the Upper East Region, Northern Region and the northern parts of Brong Ahafo Region where the desert is fast creeping down, that in these areas, if they have not started measures to avert the spread of this illness, they should start from today so that we do not get any more deaths from CSM as we are getting.
    We hope that Government will also support the health authorities to get the necessary vaccinations and the drugs to treat those who have been affected. We urge everybody who may be travelling over there also to take the necessary precaution so that we do not get the spread down as we do at times.
    Madam Speaker, we send our con- dolences to them and we hope Govern- ment will speed up and give all the health
    authorities the necessary help so that they can avert further deaths.
    Mr Abdul-Rashid Pelpuo (NDC -- Wa Central) 1:20 p.m.
    Madam Speaker, let me start by thanking the Hon Member who made the Statement, the Hon Member for Jirapa, for bringing this issue up soonest as he did.
    Madam Speaker, I am from the area where this disease thrives, especially at this very moment when weather conditions have changed; the climatic conditions are such that the bacteria that causes the CSM thrives very much in the area. I appreciate the fact that we are united in calling on the health authorities to take particular notice of the cyclical nature of the disease and put up an intervention that will cut across than just firefighting the issue.
    Madam Speaker, it is important that something immediate is done now but the long-term intervention of the problem is necessary so that we do not have a situation where it occurs and then there is a rush to solve the problem. We have witnessed the death of young people, the death of people one loves so much, elderly people who are finding it difficult, because of the nature of the houses they stay in, to adjust to the situation and therefore, are hit by the disease.
    It is important that there is a global action to tackle this problem and I want to therefore support the Hon Member who made the Statement and to call on the health authorities to take immediate steps to show, to demonstrate fully, that they can contain this situation and nib it in the bud, so we do not have another person dying tomorrow because of CSM.
    Thank you, Madam Speaker, for the opportunity.
    Mr John D. Baloroo (NPP -- Lambussie) 1:20 p.m.
    Madam Speaker, I rise to support the Statement made by the Hon Member of Parliament for Jirapa. I am the Hon Member of Parliament for Lambussie and we share the same area.
    The issue of this CSM is a very worrying issue. When an epidemic strikes, a lot of innocent people die and especially with the rural constituencies. Even people die in the very remote places that we are not able to account for and I am also very surprised that this has been the issue every year and we only wait until it strikes before we start looking for the medicine.
    I believe that Government should have been prepared enough to take care of these things instead of waiting for 17 people to die before we bring the issue up. I am hoping and praying that the drugs and the medical staff should be able to reach the remotest villages to be accessed by the innocent people that may possibly die.
    I understand that in my constituency, a lot of people have died and I believe that they have not been accounted for. So I send my condolences to the families of the deceased and I believe that the Government will be able to solve this problem for us because it is giving us a lot of sleepless nights.
    Madam Speaker 1:20 p.m.
    Thank you Hon Member. I think Statements time is ended.
    Hon Members, we now go back to the motion that was early on moved. I have now been informed that a list of names have been completed. Let us continue from where we left off. We were discussing the list, so if you can give us the new list of names, Hon Leader.
    Committee to Advise Speaker on Selection of PBS
  • [Resumption of debate from column 1185.]
    • Mr Avoka 1:20 p.m.
    Madam Speaker, the Hon Minority Leader and I, being listening Leaders and taking the concerns and feelings of the House with regard to the composition of the advisory list, have
    Madam Speaker 1:20 p.m.
    The motion has been moved. Is it going to be seconded again because of the new list? In which case, let us second the motion.
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Madam Speaker, it is just an amendment, so it could or could not be seconded, it could hold. But for the avoidance of doubt and just so that Hon Joe Ghartey will not spring on us again, I want to second the motion.
    Madam Speaker 1:20 p.m.
    Yes, I prefer that you second the motion. So now, we have the list; I think it was announced. Any discussions on it? [Pause.] If the debate is closed, then I will put the Question.
    Question put and motion agreed to.
    Resolved accordingly.
    Madam Speaker 1:20 p.m.
    Hon Members, I think we were on item 5, it is the Presentation and First Reading of Bills.
    Mr Avoka 1:20 p.m.
    Madam Speaker, with your indulgence, I will pray that we take motion number 7. The Hon Minister for Food and Agriculture has been here.
    Madam Speaker 1:20 p.m.
    What do we do with
    item 5? Do we stand it down?
    Mr Avoka 1:20 p.m.
    Madam Speaker, we will step it down for the meantime.
    Madam Speaker 1:20 p.m.
    All right. Is the Hon Minister here to move the motion? [Pause.] Hon Minister, take the motion number 7.
    BILLS -- SECOND READING 1:30 p.m.
    Minister for Food and Agriculture (Mr Kwesi Ahwoi) 1:30 p.m.
    Madam Speaker, I beg to move, that the Plants Bill, 2009 be now read a Second time.
    Madam Speaker, the purpose of the Bill is to provide for efficient and effective plant protection, prevent the introduction and spread of plant pest, regulate the production, sale, offer or exposure for sale of agricultural vegetable and other seeds and regulate the importation, sale and production of fertilizers.
    Madam Speaker, this Bill is divided
    into four parts, with the first three parts providing for plant protection, seed and fertilizers and the last part providing for miscellaneous matters.
    Madam Speaker, crop losses resulting from plant, pest and diseases can be minimized and risk reduced through the implementation of improved and sustainable plant protection strategies at the domestic and international levels.
    At the domestic level, national policies and a robust legislative framework is required and at the international level, agreements signed or ratified by the Republic of Ghana apply. Indeed, these include the International Plan Protection Convention, the Sanitary and Phytosani- tary Agreements of the World Trade Organisation and the Conventions on Biological Diversity and the Cartagena Protocol on Bio Safety. Just to mention a few which are plant protected implications for the country.
    Madam Speaker, our country cannot isolate itself from the International Agriculture Bio Diversity. And our environment needs to be protected from foreign plant pests and diseases and therefore, it is necessary to update the existing legislation to international plant protection standards.
    On the issue of seeds, Madam Speaker, the national policy is to stabilize food security through improved technologies and enhanced enforcement at mechanisms, domestically, regionally and internationally.
    This process will enable farmers to access authentic quality seeds from the private sector without dispute in the local and international seed trade. Moder- nization of seed law is the bedrock of agricultural improvement and of paramount importance at this time when the food situation globally is not only precarious but also very uncertain.
    Madam Speaker, our country, as an agricultural country, has achieved this fame through peasant farming over the years and with the growth of population, improvement in agricultural practice and their related activities offer the most viable option, to achieve the objective of the Government to reduce poverty and improve food security.
    Part three of the Bill, Madam Speaker, seeks to ensure that quality fertilizers are distributed to farmers, and that the standard level of fertilizer quality is achieved and maintained in order to protect farmers, fertilizer businesses and the people of this country. It is only when productivity of presently available agriculture land increases with the use of quality inputs such as improved seeds and fertilizers that we can hope to lay the basis for food security.
    The intensification of agriculture through the use of quality inputs will also encourage sedentary agriculture and minimize the practice of shifting cultivation which causes land degradation.
    Madam Speaker, part four of the Bill is on miscellaneous matters and provides for the assignment of functions by the Hon Minister, regulations, interpretation, repeals and savings.
    Madam Speaker, I want to press on that, the passage of this Bill is quite critical since it has been made the precondition for the Millennium Development Authority (MDA) to access funds from the Millennium Challenge Accounts (MCA) to build the capacities of three Ghanaian institutions to improve their service delivery. These institutions are the Plant Protection and Regulatory Directorate of the Ministry of Food and Agriculture, the Ghana Standards Board and the Water Research Institute.
    The passage of the Bill is also to facilitate access of MCA Funds for the closing years of the current phase of the MDA Programme.
    Madam Speaker, while I have the floor, I want to acknowledge the tremendous work done on this draft Bill by the select Committees of this House responsible for Constitutional, Legal and Parliamentary Affairs and the Food and Agriculture and
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.
    Madam Speaker, I would like to support the motion and also present your Committee's Report.
    1.0 Introduction
    The Plants Bill was laid in the House on 18th December, 2009. Subsequently, Madam Speaker referred the Bill to the Committee on Food, Agriculture and Cocoa Affairs for consideration and report pursuant to Act 106 (4) and Order 176 of the Standing Orders of Parliament.
    2.0 Deliberations
    The Committee held two weekend retreats to consider the Plants Bill. Hon Members of the Committee on Constitutional, Legal and Parliamentary Affairs were invited to offer their legal expertise to assist in the deliberations. The Minister, the Deputy Minister (Crops), the Chief Director and the technical team from the Ministry of Food and Agriculture, the agricultural team of MiDA, the Deputy Attorney-General, and a representative from Alliance for a Green Revolution in Africa (AGRA) -- Nairobi and Directors from CSIR -- CRI and Bio-technology and Nuclear Agricultural Research Institute (BNARI/GAEC) actively participated in the deliberations.
    The Committee is deeply appreciative
    of the immense contributions, insights and proposals made by all the participants to ensure a potent law that will encompass every aspect of the subject matter.
    3.0 Reference Documents
    The Committee availed itself of several documents (which have been) listed below:
    i. The 1992 Republican Constitution;
    ii. The Standing Orders of Parliament;
    iii. The Plants Bill;
    iv. Prevention and Control of Pests and Diseases of Plants, 1965 (Act 307);
    v. Seeds (Certification and Standards) Act, 1972 (NRCD 100);
    vi. Seeds Certification Standards (Amendment) Regulation 1972
    (L.I. 802);
    vii.Seeds Certification Standards (Amendment) Regulation 1985
    (LI. 1311);
    viii Seeds Certification and Standards (Amendment) Regulation 2001
    (L.I. 1677);
    4.0 Background
    The Ministry of Food and Agriculture in seeking to be abreast of the best global practices in agriculture, bio-diversity and protection of plants in the environment from parasitic weeds, pests and diseases, found it necessary to update existing legislations to international standards.
    In this regard, the Plants Bill is introduced to:
    a) provide for efficient and effective

    plant protection;

    b) prevent the introduction and spread of plant pests;

    c) regulate the production, sale, offer or exposure for sale of agricultural, vegetable and other seeds; and

    d) regulate the importation, ex-

    portation, sale and production of fertilizers.

    The Bill is divided into four parts.

    Part one of the Bill seeks a regime of efficient plant protection and provides for phytosanitary inspection of plants and plant materials. Implementation of the Prevention and Control of Pests and Diseases of Plants Act, 1965 (Act 307) over the years has shown enormous weaknesses in the context of modern agriculture. This part aims to provide efficient, environmentally safe and ecologically sustainable plant protection and regulatory services that will meet the requirements of clientele and contribute to increased food and raw material production.

    Part two of the Bill seeks to regulate the production, sale, offer or exposure for sale of seeds and planting materials and adherence to acceptable international standards. Currently, there exists the Seeds (Certification and Standards) Act 1972 (NRCD 100), the Seeds Certification and Standards (Amendment) Regulations 1973 (L.I. 802), Seeds Certification and Standards (Amendment) Regulation 1985 (L.I.1311) and Seeds Certification and Standards (Amendment) Regulations 2001

    (L.I. 1677).

    Part of this Bill also has the objective of establishing a robust legislative framework required both domestically
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.
    Since the pr ivat izat ion of the importation, manufacture, distribution and sale of all agro-inputs in the country in the 1990s, there have been no laws and regulations to check the quality of fertilizers in the country.
    Observation of the fertilizer industry over the years required that the Ministry of Food and Agriculture intervenes by establishing a legal framework within which fertilizer manufacture and trade could operate in order to protect consumers from the purchase and use of poor quality fertilizer. The need for a legal framework became more apparent with the emerging national oil and gas industry with prospects for local fertilizer manufacture.
    Part three of the Bill in this regard, seeks to establish a fertilizer regulatory system which will ensure that, quality fertilizers are distributed to farmers and a standard level of fertilizer quality is achieved and maintained.
    The principal objectives of a fertilizer regulatory system include:
    a. protection of consumers and farmers;
    b. development of agriculture;
    c. continued improvement in fertilizer quality;
    d. generation and access to useful data; and
    e. financial protection for government.
    Part four is on miscellaneous matters and provides for the assignment of functions by the Minister, establishment of a consolidated fund, regulations, interpretation, repeals and savings.

    5.0 Object of the Bill

    An Act to provide for plant protection, seeds and fertilizer control and related matters.

    6.0 Provisions of the Bill

    The Bill is organised into four parts:

    Part 1 -- Plant protection

    Part 2 -- Seed

    Part 3 -- Fertilizer control

    Part 4 -- Miscellaneous matters

    7.0 Observations and Recommendations

    The Committee observed among others that, the implementation of this Bill will help the nation to reduce crop losses resulting from the introduction and spread of plant pests and diseases from other agro-ecologies.

    Updating of the seed law will serve as a catalyst in our agricultural improvement strides and is of paramount importance at this time when the global food situation is precarious. In this regard, this Bill will help improve the agricultural seed sector in the country.

    The Committee also observed that there has been no legislation to regulate the fertilizer industry. The provisions of this Bill will satisfy requirements of the International Fertilizer Development Centre (IFDC) and will make Ghana attract investors into the manufacture, import and export of fertilizer in the sub- region.
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.
    xiii. Clause (6) -- Amendment proposed
    -- Head note, after “of” insert “plants and”.
    xiv. Subclause 6 (4) -- Amendment proposed -- Line 2: after export, delete “date” and insert “time”.
    xv. Subclause 7 (1) Amendment p roposed -- L ine 4 : a f t e r “treatment” delete “followed by re-examination at a later date”.
    xvi. Third Sub-heading -- Amendment p roposed -- L ine 2 : a f t e r “Services”, delete “Division” and insert “Directorate”.
    xvii. Clause 8 -- Amendments proposed -- delete the whole clause and insert the following:
    “Establishment of the Plant Protection and Regulatory Services Directorate
    8. The Plant Protection and R e g u l a t o r y S e r v i c e s Directorate of the Ministry i s responsible for the implementation of this part of the Act.”
    xviii. C l a u s e ( 9 ) - - Amendment proposed -- delete the whole clause.
    xix. Subclause 10 (a) -- Amendment proposed -- Line 1: add “s” to “permit”.
    xx. Subcause 11 (d) - Amendment proposed -- Line 3: after “where” delete “the Designated Officer” and insert “a designated officer”.
    xxi. Clause 14 -- Amendment proposed -- Head note should read “Measures by Minister on quarantine pest”.
    xxii. Subclause 13 (b) - Amendments proposed -- Line 2: after “or” delete “through”.Line 3: delete

    authorised designated officer” and insert “office of the Ministry”.

    xxiii. Subclause 14 (3) -- Amendment proposed -- Line 1: After “the”, delete “Minister” and insert “designated officer”.

    x x i v . C l a u s e ( 1 5 ) - - Amendment proposed -- Line 2: add “s” to “term”.

    x x v. S u b c l a u s e 1 7 ( 1 ) - - Amendment proposed -- Line 2: insert “by a designated officer” after “harmed”.

    x x v i S u b c l a u s e 1 7 ( 3 ) - - Amendment proposed -- After “arbitrator”, delete “appointed by the Minister” and insert “agreed to by both parties”.

    x x v i i . F i f t h S u b - h e a d i n g - Amend- ments proposed -- delete and insert the following:

    “Plant Protection Advisory Council”.

    xxviii. Subclause 19 (1b) -- Amend- ment proposed-- Before “Plant” delete “the”.

    xxix. Subclause 19 (1d) -- Amendment proposed -- At end insert “with specialisation in Plant Protection”.

    xxx. Clause 20 -- Amendments pro- posed -- Re-numbering asa result of the insertion of subclause 20(2), the original “20 (2) to 20 (6)” should therefore become “20

    (3) - 20 (7)”.

    x x x i . S u b c l a u s e 2 0 ( 7 a ) - Amendment proposed -- (7.a) should read “under sub-section (3) or (4) or (5)”.

    xxxii. Subclause 20 (2) --Amendment proposed-- insert a new subclause as follows:
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.
    2) an exporter, that person is liable to a summary conviction for the first time to a fine of not less than one hundred penalty units or to a term of imprisonment of not more than six months and on subsequent conviction to a fine of not less than two hundred penalty units or a term of imprisonment of not more than one year or to both.
    3) a person other than the importer or exporter, that person is liable on summary conviction for the first time to a fine of not less than one hundred penalty units or a term of imprisonment of not more six months and on subsequent conviction to a fine of not less than two hundred penalty units or a term of imprisonment of not more than one year or to both.”
    xliv. S u b c l a u s e s 3 2 - - Amendment proposed -- 32 (j), (k), (l) should be changed to “33 (1a)”, “33 (1b)” and “33 (1c)” respectively.
    xlv. S u b c l a u s e s 3 2 ( 1 k ) - - Amend- ments Proposed:
    Line 1; after “person”, delete “as a first offender”.
    Line 2; after conviction, insert “for the first time”.
    Line 3; after “a” delete “fine of not less than one hundred penalty units or to a subsequent conviction to a

    fine of not less than one hundred penalty units or to a subsequent conviction” and insert “term of imprisonment of not more than six months and on subsequent conviction”.

    x l v i . S u b c l a u s e 3 2 ( 1 l ) - - Amendments proposed -- Line 4: before “two” insert “months and on a subsequent conviction to a fine of not less than”.

    Line 5; before imprisonment” insert “a term of”.

    Line 1; after “sub-section'' insert “32” before (1) to read 32(1).

    xlvii. C l a u s e 3 3 - - Amendment proposed -- delete “the whole Clause” because this provision already exists in the interpre- tation Act.

    Part Two

    xlviii. Clause 35: Sub-heading -- Amendment proposed -- Sub- heading: should be recast as “Registration of seed importers and exporters”. Headnote: should now read “Registration of seed importers, exporters, growers and dealers”.

    Headnote: before “growers”, insert ‘'exporters''

    x l i x . S u b c l a u s e 3 5 ( 3 ) - - Amendments proposed -- delete and insert the following provisions:

    “35. (3) the application shall be

    (a) in a form determined by the Minister; and

    (b) accompanied with a fee determined by the Minister in consultation
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.
    6. Seeds produced locally under sub-section (1) may be exported.
    lix. S u b c l a u s e 4 5 ( c ) - - Amendment proposed -- Before “hybrid” delete “F1” and everywhere it appears in the Bill.
    lx. Subclause 47 (3) -- Amend- ments proposed -- delete the entire clause and insert: “An accredited public, agriculture organisation shall conduct test to establish distinctness, uniformity and stability or value for cultivation and use in accordancewith the guidelines established by the National Technical and Variety Release Committee.”
    lxi. S u b c l a u s e 4 8 ( 3 ) - - Amendment proposed -- delete and move same to clause 55.
    This is because the provisions on the National Seed Council are to be found at section 55.
    lxii. S u b c l a u s e 4 8 ( 4 ) - - Amendment proposed -- Line 3: after “authorised”, delete “the Plant Protection and Regulatory Services Directorate” and replace with “it”.
    lxiii. S u b c l a u s e 4 8 ( 9 ) - - Amendment proposed -- delete and insert 48(9) to read “Certification labels shall be in accordance with the following standards;”
    lxiv. S u b c l a u s e 4 9 ( 7 ) - - Amendment Proposed -- add “immediately” after “seeds” in line 3.

    lxv. S u b c l a u s e 4 9 ( 1 1 ) - - Amendment proposed -- delete and insert “Seeds which are confiscated shall be disposed of by the Minister in accordance with directives with the court.”

    lxvi. S u b c l a u s e 4 9 ( 1 2 ) - - Amend- ments proposed -- This provision should be rephrased as “An aggrieved person may within fourteen days lodge a complaint with the Minister in case of misconduct of an inspector including the abuse of the inspector's power under sub-sections (4) and (6)”.

    lxvii. C l a u s e s 5 1 - - Amendments proposed a delete Subclause 51 (1). (b) Move subclause 51 (3) to “Interpretation Provisions”. (c) Subclause 51(2) therefore becomes a stand-alone provision clause (51).

    lxviii. Clause 52 and 53 -- Amendment proposed -- delete the entire Clauses 52 and 53. The deletion is to avoid duplications as these provisions already exist in the interpretation act.

    lxix. C l a u s e 5 5 - - Amendments proposed -- 55 (a) Line 1: delete “advice the Minister on” and replace with “formulate” and delete “of seed” after “development”.

    Line 3: Insert “of seed” after “marketing”. 55 (c): Substitute “recommend to the Minister” with “develop” before “proce- dures” in line 1. 55 (d): delete “recommend to the Minister prescribed” in line 1 and replace with “prescribe standards for seeds and procedure for the
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.
    d. create and update the national variety register; and
    e. any other technical matters requested by the Council.”
    lxxvii. C l a u s e 6 3 - - Amendments proposed -- delete and insert the following:
    “63. Composition of the Technical and Variety Release Committee:
    The Technica l and Release Committee shall consist of:
    a. the Director of the Directorate of Crop Services of the Ministry as the chairperson;
    b. the Director of the Crops Research Institute;
    c. the Director, Directorate of Agricultural Extension Services of the Ministry;
    d. the Head of the Ghana Seed Inspection Division of the Ministry;
    e. the Director of the Savannah Agricultural Research Institute;
    f. the Director of the Directorate of Women in Agricultural Develop-ment of the Ministry;
    g. one representative of one of the Faculties of Agriculture in one of the Universities in Ghana nominated on a rotational basis for a term of three years at a time by the universities;

    h. one representative from the private sector who is engaged in the seed industry;

    i. the Executive Director of the Grains and Legumes Development Board;

    j. two representatives of the farmers in Ghana;

    k. the Director of the Plant Protection and Regulatory Service Directorate of the Ministry;

    l. the Director of the Plant Genetics Resources Institute;

    m. one representative of the Biotechnology and Nuclear Agricultural Research Institute; and

    n. any other person related to seed activity recommended by the Council.”

    lxxviii. Subclauses 67, 68 and 69 -- Amendments proposed -- “delete all clauses”.

    Part Three: Sub-Part 1 -- Amendment Proposed

    lxxix. Title: Add “manufactures and Distributors” for the sub- part to read as “Registration o f f e r t i l i z e r i m p o r t e r s , manufacturers and distributors”.

    lxxx. D e l e t e C l a u s e 6 7 - Amend- ments proposed -- insert a new provisions as follows:

    “67. Meetings of the Technical and Variety Release Committee:
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.
    l x x x v i i i . C l a u s e 7 3 - - A m e n d m e n t p r o p o s e d -- Headno te : Rep lace “ m a n u f a c t u r e s ” w i t h “manufacturers”.
    l x x x i x . C l a u s e 7 6 - - Amendments proposed -- Head note: replace “Conditions for transfer of registration” with “Non- transferability of registration”. Line 1: delete after “trans- ferable'', “except with the written approval of the Minister''.
    x c . S u b c l a u s e 7 7 ( 1 ) - - Amendments proposed -- The Subclause should be scrubbed and replaced with the following:
    77. (1) “Registration is granted. (a) in the case of manufacturers,
    registration is for five years in the first instance and subsequently to be renewed every two years;
    (b) in the case of importers and distributors, registration is granted for two years in the first instance and may be renewed under terms specified by the Minister.”
    xci. S u b c l a u s e 8 0 ( a ) - - Amendment proposed -- Line 2: delete “and” after tonnage and insert “and district” at end.
    xcii. C l a u s e 8 1 - - Amendments proposed --

    Replace “Fertilizers Register” with “Register of Fertilizers”.

    81 (a), Line 1: substitute “fertilizer types” for “types of fertilizers”.

    81 (b) Line 2: replace “seed” with “fertilizer”.

    Part Three

    2nd Head Title

    xciii. Title move “Manufacturing and distribution of fertilizers” to 3rd sub-heading and delete the original title of 3rd sub- heading which is “Production and marketing of seeds”.

    xciv. C l a u s e 8 2 - - Amendments Proposed --

    82 (2c), Line 1: substitute “or” for “and”.

    82 (3), line 2: replace “subsis- tent” with “subsistence”.

    xcv. S u b c l a u s e 8 3 ( 1 c ) - Amendment proposed -- delete and insert “the disposal of the fertilizer is subject to the prior approval of the Minister”.

    xcvi. S u b c l a u s e 8 4 ( 4 ) - - Amendments proposed --

    (a) Line 1: Delete “a reputable researcher accepted to the Regulatory Division” and insert “an accredited research institution”.

    (b) Line 2; after “Regulatory”

    delete “Administrator and insert “Body”.

    xcvii. C l a u s e 8 5 - - Amendments proposed -- 85. 3 (b), replace “seize” with “confiscate”

    (5) Delete and move subclause 85 (5) to subclause 119 (5), because this is a penalty provision.

    xcviii. Subclauses 89(6) and (7) (8) (9) -- Amendments proposed -- The numbering of subclauses (6), (7), (8) and (9) should be (7), (8), (9) and (10) respectively.

    xcix. S u b c l a u s e 9 0 - - A m e n d m e n t p r o p o s e d -- Headnote: should read “Certificate of analysis”, instead of “Certificate of analyst”.

    c. Subclause 90 (1) -- Amendment proposed -- Line 2: delete “sixty days” after “within” and insert “thirty days”.

    ci. Subclause 90 (2) -- Amendment proposed -- Line 3: At end, insert “that, the official sample was''; 90 (2a), (2b) (2c), delete, “that the official sample was”.

    cii. Subclause 90 (2a), b and c -- Amendments proposed -- re- arrangement 90 (2a), (2b) and (2c),

    “ (a) should become (b), (b) should become (c) and (c) should become (a) ”.

    ciii. C l a u s e s 9 1 , 9 2 a n d 9 3 -- Amendments proposed -- delete these clauses to make way for the establishment of a consolidated fund to service all three parts of the Act.

    civ. C l a u s e 9 4 - - Amendment proposed. Headnote: substitute “misbranding” for “mislabel- ling” and every where the word appears in this clause.

    cv. S u b c l a u s e 9 4 ( 2 ) - - Amendment proposed -- delete “misbranded” and insert “mislabelled”.

    cvi. S u b c l a u s e 9 9 ( 7 ) - - Amendment proposed -- Line 3: correct “modifeid” to “modified”.

    cvii. S u b c l a u s e 9 9 ( 1 0 ) - - Amendment proposed -- Line 1: after “by” delete “a reputable researcher” and replace with “an accredited research institution. Line 2: delete “administrator” with replace with “body”.

    cviii. S u b c l a u s e 9 9 ( 1 1 ) - Amend- ment proposed -- Line 2: delete “Administrator” and replace with “body”.

    cix. S u b c l a u s e 1 0 1 ( f ) - Amendment proposed -- add “of fertilizer” at end

    cx. Subclause 101 a, c, d, f and g -- Amendments proposed -- 101 a. delete “advise the Minister on” and insert “formulate”;

    c. delete “recommend to the Minister” and insert “develop”;

    d. delete “recommend to the Minister prescribed” and insert “prescribe”;

    f. At end, insert “of fertilizer”;

    g . dele te “ recommend to

    the Minister” and insert “establish.”

    cxi. Subclause 103 (6a) -- Amend- ment proposed -- delete “or

    25 ( 2)”.

    cxii. Clauses 108 - 110 -- Amend- ments proposed -- delete 108, 109 and 110.

    cxiii. Clause 111 -- Amendments p r o p o s e d - - H e a d - n o t e should read “Establishment of Pesticides and Fertilizer Regulatory Division”.

    Subclause 111 (1) delete and insert:

    “There is established by this Act a body to be known as the Pesticide and Fertilizer Regulatory Division.”

    Subclause 111 (2): delete and insert “the Regulatory Division shall operate under the Plant Protection and Regulatory Services Directorate of the Ministry”.

    cxiv. C l a u s e 1 1 2 - - Amendments proposed -- The “Headnote” should be changed to “Functions of the Pesticide and Fertilizer Regulatory Division”. Line 1: Substitute “advice” for “advise”.

    (112 (a). Line 2: substitute “Act” with “part of the Act”.

    112.(2) add a new subclause “112. (2): “the Regulatory Division shall advise the Minister to designate analytical laboratories which shall be responsible for:

    a. receiving and documenting receipt of official fertilizer samples from the inspection service;

    b. preparing and analysing official samples; and
    Chairman of the Committee (Dr A. Y. Alhassan) 1:30 p.m.


    c. reporting results of analysis to the Administrative Service Division”.

    cxv. C l a u s e 1 1 3 - - Amendment proposed -- T h e “ H e a d n o t e ” s h o u l d read, “Fertilizer Regulatory Administrator of the Pesticide and Fert i l izer Regulatory Division”.

    cxvi. S u b c l a u s e 1 1 3 ( 2 ) - - Amendment proposed -- delete 113 (2), 114 (1 - 3), 115, 117 and

    118.

    cxvii. C l a u s e 1 1 6 - - Amendment proposed -- Clause 116 should read “The Division shall cooperate with other agencies in the performance of functions under this part of the Act.”

    cxviii. C l a u s e 1 1 9 - - Amendments proposed -- 119 (1b) delete “misbranded” and insert “mislabelled” 119 (1d): delete 119 (1f): Before “Act” insert “part of the” 119(1f): Line 3: After “units” delete “of” and insert “or”. 119 (4): delete.

    Miscellaneous Matters

    cxix. C l a u s e 1 2 1 - - Amendment proposed -- insert a new clause after 120 with the following provisions:

    “121. The Plants and Fertilizer Fund

    There is established by this Act a consolidated Fund to be known as the Plants and

    Fertilizer Fund.”

    cxx. C l a u s e 1 2 2 - Amendments proposed -- insert a new provision to read as follows:

    “122. Objects of the Fund.

    The objects of the fund are to provide financial resources:

    a. to meet the cost of emergency phy tosan i t a ry s i tua t ions including compensation in cases of destruction of plants, plant products or regulated articles in pursuance of this Act;

    b. for research studies and investigations relating to fertilizer;

    c. for effective management of the seed industry including a national seed security stock;

    d. for any other purpose determined by the Minister in consultation with the Director”.

    cxxi. C l a u s e 1 2 3 - - Amendment proposed -- insert a new provision to read as follows:

    “123. Sources of money for the Fund

    The sources of money for the fund are:

    a. moneys approved by Parlia- ment;

    b. fees charged under this Act;

    c. donations, grants and gifts; and

    d. any other moneys that are recommended by the Minister and the Minister for Finance and approved by Parliament”.

    cxxii. C l a u s e 1 2 4 - - Amendment proposed -- insert a new provision to read as follows:

    “124. Management of the Fund

    A five-member committee nominated from the three Councils established by this Act shall administer the Fund chaired by the Minister”.

    cxxiii. Clause 121 Part Two --

    (vi) At end insert “part of the Act”.

    (ix) Line 3: after “variety” delete “or”

    (xi) At end, insert “part of the Act”.

    cxxv. C l a u s e 1 2 2 - - A m e n d m e n t s p r o p o s e d : Interpretation Provisions.

    (A) Part One

    i. “appropriate treatment” means the authorised procedure for the killing, removal or rendering infertile of pest.

    ii. “conduct” -- includes carrying

    out, advocacy and regulation

    (B) Part Two

    iii. After line 5; insert “accredited research institution” means a public or private body authorised by the Council for Scientific and Industrial Research to engage in agricultural research.

    iv. After line 18 of page 61: insert “designated officer” means an officer appointed by the Minister to perform certain duties.

    v. “Class” should be removed from line 12 of 61 to line 10 of same page.

    (d) Part Three

    vi. “Fert i l izer Regulatory Administrator” on line 1, page 63, should be deleted and “Fertilizer Regulatory Body” inserted at the same place.

    v i i . D e l e t e “ G h a n a Fe r t i l i ze r Regu la to ry Division” on line 13, page

    63.

    viii. Insert after line 16 of page 63 “heavy metals” means element with very sub- stantial atomic weight such as lead, mercury, etc.

    ix . “mainta iner” mean a person or institution that is responsible for keeping a released variety true to its original description for production -- on line 35 after the definition of “lot”.

    x. Item (iii) of page 64, “born” should be “boron”, “zin” is “zinc”.

    9.0 Conclusion

    Having critically examined all the provisions in the Plants Bill, the Committee is of the view that the overwhelming need for such a Bill to regularize and standardize activities in relation to plants protection, seed and fertilizer within the agricultural sector cannot be overemphasized.

    It is the unanimous decision of the Committee to recommend to the House, the passage of the Plants Bill as amended.
    Madam Speaker 1:30 p.m.
    Hon Members, pursuant to Standing Order 127, the full debate shall arise on the principles of the Bill on the basis of the explanatory memorandum and Repor t of the Committee. Hon Members, you may now make your contributions, but I just would like to say that we have fifteen minutes to
    Madam Speaker 1:30 p.m.


    Hon Members, can we start on the principles of the Bill? I think the Second Deputy Speaker will continue.

    Any contributions?
    MR SECOND DEPUTY SPEAKER
    Mr Second Deputy Speaker 1:40 p.m.
    Hon Members, having regard to the time and the state of business in the House, I direct that Sitting be extended beyond the prescribed period.
    H o n M e m b e r s , a n y f u r t h e r contributions?
    Mr Yaw Effah-Baafi (NDC -- Kintampo South) 1:50 p.m.
    Thank you very much, Mr Speaker, for the opportunity to make a few remarks in support of the motion on the floor.
    Mr Speaker, the Plants Bill is a very important one, and the passage of which will help regulate the plant industry. Mr Speaker, as already indicated by the Chairman of the Committee, the Bill is a composite one with three major parts and a fourth part which is on miscellaneous matters.
    Mr Speaker, the first part of the Bill has
    to do with plant protection and it seeks to provide measures that would protect plant and planting materials from pest infestation and disease infections both in the field and at home.
    Mr Speaker, recently, there was an outbreak of pawpaw mealy bug which was first identified at Nsuaem. Mr Speaker, this outbreak has a very devastating effect and the use of local recommended insecticides have proved futile. I even have the information that trees that have been afflicted with the disease are unable to produce pawpaw. Mr Speaker, I am emphasizing the fact that there are enormous crop losses as a result of pest and disease infection and infestation. It is, therefore, important that we pass this Bill to be able to regulate plant protection in this country.
    Mr Speaker, the provision of the Bill will also fulfil the requirement of some conventions, agreements and protocols as espoused by the Hon Minister for Food and Agriculture. The Bill also seeks to update the current Act on the Prevention and Control of Plants and Diseases of Plant Act, 1965, Act 307. The second part of the Bill, Mr Speaker, also seeks to regulate the seed industry to ensure that farmers access quality sales for production of crops.

    The stages of crop development ranging from breeder seed through foundation seed to certified seed will be closely monitored by the passage of this Bill and its subsequent enforcement. Mr Speaker, the productivity of every crop depends among others on the quality of the seed and the planting material and indeed, it is the backbone or the bedrock of the agricultural development. The seed quality is even more important at this time when the global food situation

    is uncertain.

    The second part of the Bill which has to do with the seed, is also to update the Seed Certification and Standard Act 1972, NRCD 100 when passed.

    Mr Speaker, the third part has to do with fertilizer control and it is important to indicate that in the history of this nation, there has not been any legislation on fertilizer regulation. Since 1990, when the privatization of agricultural inputs was instituted, there has been several introductions of fertilizers in different formulations, and it is important that we enact a regulation to deal with its regulation.

    Mr Speaker, this Bill, when passed, will establish a fertilizer regulation system which would ensure that farmers get enough seeds in qualified formulation to go into production. The provision of this part of the Bill will also fulfil the requirement of the International Fertilizer Development Centre which has very important implications on the development of fertilizer in the country.

    Mr Speaker, it is also important to emphasize that the passage of this Bill and its subsequent enforcement, is a condition precedent for the allocation of resources to the Plants Protection and Regulatory Services Directorate of the Ministry of Food and Agriculture, the Water Resources Institute and the Ghana Standards Board as indicated by the Hon Minister. It is also a prior action for the Millennium Development Corporation to disburse more funds to the Millennium Development Authority.

    It is, therefore, important that Members support this motion with all their might.
    Mr Second Deputy Speaker 1:50 p.m.
    Thank you, very much, Hon Member.
    Mr Kwame Osei-Prempeh (NPP
    Mr Second Deputy Speaker 1:50 p.m.


    labelling and other issues set out in the Bill are rightly followed. If this is done, then farmers who would use the right methods and be able to produce can export their produce, otherwise, they would produce and there would be no market for them at all because no country would accept it if the right rules were not applied.

    Mr Speaker, I believe that there is also -- One very important thing about this is the need to control seed, what is planted. Mr Speaker, most often our farmers labour in vain. A farmer would weed two hectares of land, when he harvests maize, the same maize he has harvested, he would replant some of them. Therefore, instead of getting, let us say, 10 bags, he ends up getting one bag, and sometimes, all the money he invested in the farm becomes waste.

    I believe this is the right direction, provided there would be an enforcement mechanism to make sure that the right seeds get to the farmers. This may mean that government subsidizes seeds so that people would not resort to bad ones and would use the appropriate ones to ensure food security.

    Mr Speaker, to end, my last comment is on the funds. The Bill seeks to set up three funds. But when you look through the Bill, it does not even take cognizance of the fact that every money collected by any organization should by virtue of article 176 go into the Consolidated Fund. I believe the Committee has recommended that there should be one fund, taking into cognizance the fact that by article 176 all funds go into the Consolidated Fund apart from that which will be retained by the department by law.

    Therefore, I believe this House would support that amendment of the Committee and the Ministry should also give in and support what the Committee is proposing.

    I believe with this, we can all support

    the Bill and I support the motion.

    Dr Owusu A. Akoto (NPP --

    Kwadaso): Mr Speaker, I rise to support the motion on the floor. There are two basic aspects of this Bill which my Colleagues have already alluded to. One is to do with seeds and the other with fertilizers.

    Mr Speaker, the Bill is very timely, in

    the sense that, as we all know, Ghana is on the threshold of producing oil and gas and already the Government has taken the decision not to flare the gas but to use it for our benefit, and of course, one of the bi-products of gas in this particular case would be the production of fertilizer. So it is timely that just before the production of our first barrel of oil, we have in place a legislation to control the production, supply, export and import of fertilizers.

    There are also other aspects to it that the House needs to know, which is the developmental aspect. We know that Ghana, like many Third World countries, has a very low productivity in agriculture. When it comes to the amount of food produced per hector or per acre, when you compare it to other continents, you see that our production is very low. And this Bill seeks, by controlling the use of fertilizers and improved seeds, to improve the productivity of agriculture in Ghana.

    I am mindful of the recent study done by SEND, this is the non-governmental organisation (NGO), where they polled thousands of smallholders to find that only 36 per cent of smallholders in this country use improved seeds. It shows you the capacity that we have to improve productivity. If by the adoption of this Bill, Government becomes mindful that we need to extend to the other 73 or so small- scale farmers, improved seeds for their work, then it means that we could double production of the basic grains and

    so on without much effort. Equally, the fertilizer application, we know there is this scheme to subsidize the price of fertilizer and yet this study showed that two-thirds of farmers have never applied fertilizers in spite of the subsidy.

    So there is the need, and I am glad the Hon Minister for Food and Agriculture is here listening to this debate, that we strive to extend the application of fertilizers and improved seeds, especially to our poverty- stricken smallholders so that they do not only come out of poverty, but also add to our food security, our food exports and also to increase the stocks that we hold in our silos.

    With these comments, Mr Speaker, I support the Bill.
    Mr Second Deputy Speaker 2 p.m.
    Thank you very much, Hon Members, for these worthwhile contributions.
    Hon Minister, you may want to make some closing remarks in the light of the contributions.
    Mr Kwesi Ahwoi 2 p.m.
    Mr. Speaker, I have taken note of all the contributions that have come from Hon Members of this House. I am very grateful to them and I do hope and pray that the consultative approach that we exhibited at the retreat that we went to look at this Bill, will apply on the floor of the House and the commitment that was displayed there will equally be applied here.
    I pray that Hon Members of the House would assist us pass this Bill with the speed that it deserves, seeing that the conditions attached to its passage stand to jeopardize some critical development programmes of the country; specifically the United States Millennium Challenge Programme which has been tied to the passage of this Bill. I think it was deliberately done in order to
    -- Nsuta-Kwamang/Beposo): Thank you, Mr Speaker, for the opportunity to contribute to this debate on this very all- important Bill.
    Mr Speaker, before I proceed, let me acknowledge the proactive and far- reaching step taken by the Chairman of the Committee on Food and Agriculture. Mr Speaker, on his own volition, he invited the Committee on Constitutional, Legal and Parliamentary Affairs to join his Committee and to make inputs into this Bill and I believe that from the deliberations, one could see that he had the foresight and the step that he took was a really very good one. I believe it is a step which must be emulated by other committees.
    Where we know that the expertise is in other committees, it is very prudent and wise to invite members of that committee It makes the work easier. Instead of perhaps, the Committee on Food and Agriculture going to do it, bringing it here and those of us who have eyes to see, filing so many amendments, we were all there and we were able to contribute. I believe it is a very proactive and very bold decision which needs commendation by the Chairman.
    Mr Speaker, the Bill is very important for this country. While supporting it, let me say that one very important thing we need to do after this Bill, especially, in the area of fertilizers is to make sure that fertilizers are priced rightly. Mr Speaker, one of the most difficult things is exporting food especially to Europe and to America, because they are so much concerned about health hazards, photo-sanitary and other issues. Therefore, if we over-produce -- if it did not conform to their requirements, we cannot export the foods.
    So it is very important that in bringing this Bill, we make sure that the packaging,
    Mr Kwesi Ahwoi 2 p.m.


    speed us and spur us on to see the need for this particular Bill to regulate, protect and enhance our agricultural development.

    I want to thank Hon Members so far and want to urge the House to pass this Bill appropriately.

    Thank you very much, Mr Speaker.

    Question put and motion agreed to.

    The Plants Bill, 2009 was accordingly read a Second time.
    Mr Second Deputy Speaker 2 p.m.
    Hon Majority Leader, do we move on to item 5 or 6?
    Mr Cletus A. Avoka 2 p.m.
    Mr Speaker, we take item 5. The Hon Deputy Minister for Justice and Deputy Attorney-General is here in the House. I crave your indulgence to let him take it on behalf of the substantive Minister.
    Mr Second Deputy Speaker 2 p.m.
    Hon Minority Leader, any objection? Hon Deputy Attorney-General and Deputy Minister for Justice.
    BILLS -- FIRST READING 2 p.m.
    Mr Second Deputy Speaker 2 p.m.
    Item 6 -- Motions.
    The Hon Minister for Finance and Economic Planning.
    Mr Avoka 2 p.m.
    Mr Speaker, I am sorry to say that the Hon Minister for Finance and Economic Planning is not available, but the Hon Minister for Chieftaincy and Culture is in the House and with your indulgence and that of my Hon Colleagues on the other side of the House, I pray that you permit him to move the motion.
    Mr Second Deputy Speaker 2 p.m.
    Hon Minority Leader, I trust there is no objection?
    Mr Kyei-Mensah-Bonsu 2 p.m.
    Mr Speaker, I would not have any objection, except to ask, whether the Hon Minister who is going to hold brief understands the import of the Bill; he may be required to speak to it. If he understands, we would permit him.
    Mr Second Deputy Speaker 2 p.m.
    Hon Minister, I think that is not an objection really and you may proceed.
    BILLS -- THIRD READING 2 p.m.
    Mr Second Deputy Speaker 2 p.m.
    Well, we do not need any motion to rise, but just in case Leadership have any important indication, Leadership may do so.
    Mr Cletus A. Avoka 2 p.m.
    Mr Speaker, we have virtually exhausted the Business of the day and there is nothing outstanding for us to continue. So you may wish to adjourn the proceedings of the House for today.
    Mr Second Deputy Speaker 2 p.m.
    Hon Minority Leader, do you have any important matter to indicate?
    Mr Kyei-Mensah-Bonsu 2 p.m.
    Mr Speaker, except to congratulate my Hon Colleague, that this being his first day in office, he has done extremely well. So I must doubly congratulate him. But he may learn to pronounce the name of his Chief Whip. The name is “Hon Gershon Gbediame”, not “Gbedeme”. [Laughter!]
    Mr Speaker, I thank you.
    ADJOURNMENT 2 p.m.
    Madam Speaker 10 a.m.
    Thank you, Hon Member.
    Can we start? Hon Members, we would start from this side of the House (Minority) today. You have 30 minutes to make comments on this Statement.