Debates of 5 May 2010

MADAM SPEAKER
PRAYERS 11:20 a.m.
ANNOUNCEMENTS 11:20 a.m.
Madam Speaker 11:20 a.m.
Hon Members, I have received communication from the President and I shall read it to you.
“4th May, 2010
The Rt. Hon Speaker Office of Parliament Parliament House Accra
Dear Hon Speaker,
Absence from Ghana
In accordance with article 59 of the Constitution of the Republic of Ghana, I write to inform you that I will be absent from Ghana from the morning of Wednes- day, 5th of May, 2010 to the evening of Friday, 7th of May, 2010, during which period I shall be in the Republic of Equa- torial Guinea for a three-day working visit.
During my absence from Ghana, the Vice President H.E. John Dramani Ma- hama, shall, in accordance with article 60 (8) of the Constitution, act in my stead.
Kindly accept, Right Honourable, the renewed assurances of my highest esteem.
(Sgd.) PROF. JOHN EVANS ATTA MILLS
PRESIDENT OF THE REPUBLIC 11:20 a.m.
OF GHANA 11:20 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:20 a.m.
Prof. (Emeritus) S. K. Amoako 11:20 a.m.
Page 10, (b), the last paragraph under (iii), the second line, there is a redundant word, two “fors” -- “The Rt Hon Speaker referred the Instruments to the Committee on Subsidiary Legislation for for . . .” One of the “fors” should go.
Yes, thank you.
Madam Speaker 11:20 a.m.
Yes, any more on page 10?

Hon Members , the Votes and Proceedings of Tuesday, 4th May, 2010 as corrected is adopted as the true record of proceedings

There will be no Statements. So we move on to item 4.

Minister for Local Government and Rural Development?
MOTIONS 11:20 a.m.
Mr Domonic A. Azumah 11:20 a.m.
Madam Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
BILLS -- SECOND READING 11:30 a.m.
Chairman of the Committee (Mr Dominic A. Azumah) 11:30 a.m.
Madam Speaker, I rise to support the motion and in supporting it, with your permission, I will like to present the Report of the Committee to this august House.
1.0 Introduction
Madam Speaker, the 18th of December, 2009, the Centre for Urban Transportation Bill was laid before the House, pursuant to article 103 of the 1992 Constitution. In accordance with Orders 116, 181 and 189 of the Standing Orders of the House, the Rt Hon Speaker referred the Bill to the joint Committee on Local Government and Rural Development and Roads and Transport for consideration and report.
The joint Committee was also to
determine whether the Bill was of an urgent nature to be taken under a certificate of urgency.
The Committee met on the 18th January, 2010, 17th March, 2010 and 3rd May, 2010 respectively to consider the referral. The Minister for Local Government and
Rural Development and his team of officials from the Ministries of Local Government and Rural Development and Roads and Highways and Transport, the Attorney-General's Department, the Department of Urban Transport and other stakeholders in the transportation sector, were in attendance to assist the Committee in its deliberations.
The Committee is grateful to these
officials for the insight given during the deliberations.
2.0 Urgency
The Committee was of the view that the Bill was not of an urgent nature and was to go through the normal processes.
3.0 Reference Documents
T h e C o m m i t t e e , d u r i n g i t s deliberations, made reference to the following documents:
i. The 1992 Constitution
ii. The Standing Orders of Parliament
iii. Project documents on the Urban Transportation Project
iv The Centre for Urban Transportation Bill, 2009
4.0 Background
In recognition of the numerous challenges facing the urban transportation sector, the Government of Ghana undertook the implementation of the Urban Transportation Project (UTP), which was aimed at modernizing the transportation system to make it efficient and effective.
Over the years, the Government has realized that the UTP is facing some challenges and the primary challenge is the lack of an institutional
framework to handle the co-ordination of urban transportation policy, planning, implementation and capacity building in urban transportation.
5.0 Purpose of the Bill
The purpose of the Bill, as indicated in the Memorandum, is to establish a centre which would serve as a centre of expertise in urban transportation and provide know- how for the conduct of research into urban transportation, provide technical assistance and knowledge on urban transport to policy makers in the country.
6.0 Observation and Recommendations
Clause 1: Establishment of the Centre for Urban Transportation
The Committee proposed that sub-
clauses (3) and (4) of clause 1 be deleted from the Bill.
The joint Committee is of the view
that with the passage of the Interpretation Act, 2009, clause 24 (1) and other relevant provisions of the said Act, give powers for the establishment of a corporate body to acquire movable and immovable property and also enter into contract or any other transaction. The Act further provides that where there are any hindrances to the acquisition of property, the property may be acquired under the State Property and Contracts Act or the State Lands Act.
In the light of the above, there is, therefore, no need to have subclauses (3) and (4) in clause 1.
Clause 2: Object of the Centre
The Committee proposed that after the phrase “excellence in urban trans- portation”, the phrase “, and co-ordina- tion” should be inserted.
Chairman of the Committee (Mr Dominic A. Azumah) 11:30 a.m.


This is because the joint Committee observed that there was the need to expand the object of the Centre to include the word “co-ordinate”. It was the view of the Committee that it is necessary for the Centre to have a co-ordinating function to bring together all the activities involving urban transportation to achieve the purpose for which it was set up.

Clause 3: Functions of the Centre

As regards clause 3(e), the joint Committee observed that the phrase “operation or management” of urban transport should be deleted wherever it appears and insert “Operations and Management”

The Committee is of the view that the phrase be deleted for purposes of consistency; and to focus on the functions of the Centre and not the persons involved.

In clause 3 (h), line 1, the Committee proposed the deletion of the phrase “shift to”.

The Committee also observed that the proposed amendment would ensure clarity to the provision.

Regarding the whole clause 3, the Committee proposed the introduction of two new paragraphs --

“(x) Collaborate with appropriate public bodies to adopt measures that will ensure that MMDAs and MDAs which receive services from the Centre make good use of the services”

“(y) Monitor the performance of public bodies, agencies and organisations which receive services of the Centre in relation to the services.”

The Committee observed that these new paragraphs would enhance the functioning of the Centre to enable it meet its objectives.

Clause 4: Governing Body of the Centre

Clause 4 (e), line (2), “delete and insert

the following:

“Two persons with experience in Urban Transportation or Municipal Engineering from the private sector.”

The Committee observed that there is the need to draw expertise from the private sector to assist with the work of the governing board.

Introduce a new subclause to read

“one person from the National Road Safety Commission not below the rank of Director”

and re-number.

The Committee further observed that there should be the introduction of a new subclause to include one person from the National Road Safety Commission.

The Committee was of the view that expertise drawn from the National Road Safety Commission will be of immense value to the governing board. Moreover, the Governing Board of the Centre should be thirteen (13) and not twelve (12).

Clause 5: Functions of the Board

The joint Committee proposed that in clause 5 (2) (d), the word “approve” should be deleted and the word “recommend” inserted in its place.

The joint Committee noted that the Board should not be given the power to approve the remuneration of staff. It was of the view that the Board should rather be given the power to recommend the remuneration of staff for approval by the appointing authority which is the practice in most establishments.

Clause 6: Tenure of Office

The joint Committee proposed that Clause 6 (7) (a) should be re-phrased to read “under subsections (3), (4), (5) or section 8 (2)”.

This would ensure that the relevant provisions which relate to the existence of a vacancy are adequately captured.

Clause 7: Meetings of the Board

The joint Committee proposed the following in clause 7:

a. Clause 7 (2) delete “witting” and insert “writing”. This is to correct a typographical error.

b. Clause 7 (3), delete “six” and insert “seven”.

The joint Committee further noted that, to be able to work efficiently, it was important that the number for a quorum be increased to seven.

Clause 11: Administration and Divisions of the Centre

The joint Committee proposed the inclusion of a monitoring and evaluation division. It thus proposed that in clause 11(2), the House should insert a new paragraph to read

“(e) monitoring and evaluation”.

The Committee observed that for the effective performance and functions and administration of the Centre, there was the need to have an additional division of the Centre for the purpose of monitoring and evaluating its activities.

Clause 12: Regional and District Offices of the Centre

The Committee proposed that clause 12 should be deleted.

The joint Committee noted that having regard to the nature of the Centre, it was

not necessary to have offices in all regions and districts throughout the country.

It was the view of the joint Committee

that such a bureaucracy would be at a huge cost and a burden on the Centre. It was therefore of the opinion that at any time, the Centre can efficiently operate from the capital and could be called upon to provide any assistance to any branch or unit anywhere in the country when the need arises.

Clause 14: Chief Executive Officer

The joint Committee proposed the insertion of the word “Officer” between “Executive” and “shall” in clause 14 (2) for the purposes of consistency.

It was also proposed that in clause 14 (2) (b), the word “appointment” should be deleted and “re-appointment” instead to reflect the nature of that action.

C l a u s e 1 5 : F u n c t i o n s o f t h e Chief Executive Officer

The joint Committee proposed the

deletion of clause 15 (2) (c), which it considered repetitive.

Clause 17: Secretary of the Centre

The Committee proposed that clause (17), subclause (2) should be re-phrased to read:

“The Secretary shall,

( a ) b e a n s w e r a b l e t o t h e Chief Executive Officer;

(b ) keep accu ra t e r eco rds of proceedings and decisions of the Board; and

( c ) p e r f o r m a n y

function deter- mined by the Board or the Chief Executive Officer.

The joint Committee proposes this amendment so that the subclause would be better understood.

Clause 18 Appointment of Other Staff

The joint Committee, in respect of clause 18 (3), proposed the deletion of the word “authority” and recommended the insertion of the word “Board”.

The Committee observed that the Bill did not create any “authority” hence the need to delete that word to ensure conformity with the other provisions. .

Clause 19: Funds of the Centre

With regard to clause 19, the joint Committee proposed that it should be re- phrased to read

“The funds of the Centre include moneys:

(a) approved by Parliament for the Centre;

(b) from fees paid for the provision of services by the Centre to:

(i) Metropolitan, Municipal and District Assemblies; and

(ii) Ministries, Departments and Agencies.

(c) from fees from the provision of services which may be local or international;

(d) from proceeds received by the Centre from investments;

(e) From funding from development partners;

(f) from donations, grants, gifts, and income from other sources received for the activities of the Centre.”
Chairman of the Committee (Mr Dominic A. Azumah) 11:30 a.m.
This was proposed based on the observation that there was the need to ensure clarity and the source of funding of the Centre.
Clause 21: Annual Report and Other Reports
The Committee proposed that in clause 21(2) the word “shall” be deleted and “may” inserted. This would ensure the existence of a permissive action instead of a mandatory action.
It was also proposed that a new clause be introduced to read:
“Regulations --
The Minister may, by Legislative Instrument, make regulations for the effective implementation of this Act.”
This was proposed so that regulations may be made to ensure the smooth and effective implementation of the law without amendment to the Act.
Clause 22: Interpretation
The joint Committee proposed the re- numbering of the sections in the clause to conform to changes earlier made.
The joint Committee proposed the deletion of the interpretation of the phrase “Urban Roads” since it was not used in the Bill warranting an interpretation.
7.0 Recommendation and Conclusion
With the growing importance of urban transportation to an emerging economy such as Ghana, a framework to regulate the sector is not only welcome but long overdue. The Committee has examined the provisions of the Bill carefully and recommends that the Honourable House

passes the Centre for Urban Transportation Bill subject to the amendments proposed above.

Respectfully submitted.
Madam Speaker 11:30 a.m.
Thank you.
Hon Members, pursuant to Standing Order 127, a full debate shall arise on the principle of the Bill on the basis of the explanatory Memorandum and the Report of the Committee.
Yes, I think I got a list -- if we could have three from each side. Yes, Hon Michael Boampong, Member of Parliament for Bia?
Mr Michael C. Boampong (NDC -- Bia) 11:30 a.m.
Madam Speaker, I rise to support the motion and to urge all Hon Members to support the establishment of the Centre.
Thank you, Madam Speaker.
Mr Kwasi Ameyaw-Cheremeh (NPP -- Sunyani East) 11:30 a.m.
Madam Speaker, the Centre for Urban Transportation Bill is to provide an institutional framework to regulate urban transportation in the country, especially with respect to the introduction of the “bus rapid transit system”. The bus rapid transit has proved to be very effective and useful in so many jurisdictions in Africa, Latin America and Europe and we are of the view that if the same is introduced in Ghana, it might help in reducing time loss on our roads, lateness to work and also improve productivity because people will get to work on time.
The expectation is that the Centre, when put in place, would be given a free hand and also have the courage to implement programmes that would go a long way to ensure that the objectives of the law are realised.
Madam Speaker, if we are able to de-
congest our roads, it will help every one of
Mr Kwasi Ameyaw-Cheremeh (NPP -- Sunyani East) 11:40 a.m.
us and it will also even serve as a means of attracting investment into the country.
In view of this, I support the motion on the floor.

Mr Kwabena Appiah-Pinkrah (NPP

-- Akrofuom): Thank you, Madam Speaker, for the opportunity given me.

I rise to support the motion on the floor and to state that this is one of the most important things that Ghana can ever have to do. We have kept so long in coming up with a specific intellectual backing for the promotion of an efficient transport system in our country.

Madam Speaker, if you look at our

roads, if you look at the way people drive on our roads and the time used in travelling from one point to the other in this country, then it would be prudent for this nation to have an efficient system backed by knowledge and practice of those who have that knowledge and experience.

Indeed, the establishment of this

institution, which we call the Centre for Urban Transportation will serve a better purpose in ensuring that information, recommendations and other important issues regarding policy issues would be available both to the Ministry of Transport and to the Ministry of Local Government and Rural Development in formulating policies that would go a long way in ensuring the provision of efficient and effective transport system in this country.

The challenges are many and the

opportunities are also there. Let us take advantage and ensure that we maximise what we can get out of the opportunities and ensure that the challenges can be met squarely and this can be done by the provision of this Centre.
Mr Kwasi Ameyaw-Cheremeh (NPP -- Sunyani East) 11:50 a.m.
the number of broken-down buses is an eyesore. Why? Because most of our buses were bought from countries whose buses are not versatile on our roads. Therefore, this particular Bill is not going to make any serious dent. What is most important is the management of the system.
We can continue to make so many laws but if the management is very poor, we would never have any efficient transport system in this country. However, we have to give it a chance to see what this Bill coming into law would make.
For that matter, I thank you for the opportunity.
Mr Samuel A. Jabanyite (NDC
-- Chereponi): Thank you, Madam Speaker, for giving me the opportunity to associate myself with this motion and also to support its implementation.
Madam Speaker, if you look at it, the
object of establishing this Centre would be to serve as a centre of expertise in urban transportation and provide know- how for the conduct of research into urban transportation, provide technical assistance and knowledge on urban transport to policy-makers in the country. I think that is the object of the whole Bill.
What I want to add here is that it should not just end there; it should be implemented so that less time would be spent, there would be less cost on transportation and the rush hour which we often experience here would be reduced to the minimum level so that productivity can be enhanced.
I do recall -- I think that was last
week Thursday -- I listened to a radio programme on Joy FM where an individual or a group of individuals had done some study into the life expectancy of the

[ADDAE-NIMOH] average urban Ghanaian, which is 57 years, 10 years of which is spent on sitting in cars to work. So I think a lot of time is being spent by commuters to work. I think that when this Bill is implemented, it will go a long way to reduce the rush hour and therefore, contributing to productivity in the country.

I therefore support this motion.

Mrs Catherine A. Afeku (NPP

-- Evalue Gwira): Madam Speaker, I would like to add my voice to the Hon Colleagues who have supported the Centre for Urban Transportation Bill which we are considering.

I want to draw the attention of the

House to the urgency in trying to engage in consultations with the driver associa- tions, namely, the Ghana Private Road Transport Union (GPRTU) and all the stakeholders who must be brought on board to ensure that the Centre for Urban Transportation becomes a reality. I say so because I fully support the implemen- tation of this Centre but we need to get these stakeholders, so they will see the need for them to come on board to support this laudable project.

Madam Speaker, once we implement the Centre for Urban Transportation, it will not only ease congestion on our roads, it will also bring efficiency and time management. We lose a lot of time in productivity because of hours spent on roads in traffic and once the mass transport has been implemented -- and implemented properly with all stake- holders on board -- I think Ghana stands to benefit. That is why I am lending my voice.

But again, as I say, stakeholders must be sat down and asked to appreciate, to understand the long-term benefit of this to mother Ghana.

At this point, I think I will urge all the leadership from the Ministries, from both committees, Rural Development and Local Government and Transport to take this step and be a bit proactive, so that we can bring consensus to this laudable idea.

I thank you, Madam Speaker.

Mr Samuel A. Gyamfi (NPP --

Odotobri): Madam Speaker, the establishment of the Centre for Urban Transportation, as it has already been said, is long overdue. The Centre will contribute a lot to the development of our dear nation.

Madam Speaker, the fact is that, it is not that we do not have experts in the country to plan our urban transportation system; we have a lot of them. But the problem is that these experts are not brought together to plan and also to implement some of these urban policies for the benefit of the nation. The establishment of the Centre will go a long way to bring all these experts together to do this proper planning for our urban transportation.

Madam Speaker, the benefits that the country will derive from this particular Bill that we are about to pass are so enormous. If for instance, we take the demands on our fuel, the fuel bill, we all know that we have a lot of cars in the system and if we move from the usage of cars to bus system, it is going to help a lot of people to get on board and the fuel bill for the nation will go down a bit.

Again, Madam Speaker, productivity,

as many Hon Colleagues have said, is very important. The fact is that a worker will have to leave home around 4.00 in the morning and after 5.00 p.m. the same person would have to stay in traffic for more than two, three hours before getting home.

So we ask ourselves, how can that

particular worker have some kind of rest so that he will have fresh energy for the next day's work? This is very, very crucial and I think that if the Centre for Urban Transportation is established, all these will be taken care of and productivity will be enhanced and the country will be the utmost beneficiary of this particular Centre.

Madam Speaker, let me end here by

saying that we need also to take note of the existing urban transportation providers. It is very important; some of the urban transport providers or the operators are not ready or they have a problem with this particular Centre.

I think what we need to do is to do a proper education because we are all going to benefit from this particular Centre that we are going to establish and I, therefore, urge the Ministry and the project office to do a lot of education so that all these stakeholders will come on board and we all support it and move the country forward.

Thank you, Madam Speaker, for the opportunity.

Mr. E. K. D. Adjaho NDC -- Avenor/

Ave): Thank you very much, Madam Speaker. Madam Speaker, in making my submission, I would like to refer to article 106 (6) of the Constitution which says that:

“The Report of the Committee, together with the explanatory Memorandum to the Bill, shall form the basis for a full debate on the Bill for its passage, with or without amendments, or its rejection, by Parliament.”

That is the stage at which we are now with the Committee's Report.

Madam Speaker, I have looked at the Committee's Report, specifically, the third paragraph under “Introduction”. It did indicate that the various institutions that they have spoken to at the Committee
Mr Chireh 11:50 a.m.
Thank you, Madam Speaker. In winding up, I want to assure everybody that the consultation has been very extensive in terms of the project steering committee meetings with the various transport operators now.
Again, I am in consultation with my
two Hon Colleagues, the Minister for Roads and Highways and the Minister for Transport for us to hold a bigger meeting with all the stakeholders to let them feel the relevance of this Centre and also the modernization that we want to introduce.
A wrong impression is being created that the bus rapid transit would affect adversely the operations of the existing
operators. Indeed, in this whole project arrangement, it is the private sector including those who are already in the road sector activities who will be the operators by and large.
There are arrangements for them to access bank facilities to be able to acquire better vehicles, vehicles with qualities to be able to sell.
The concerns of the GPRTU in particular, as has been canvassed by some of my Hon Colleagues, will be taken on board.
After the passage, the various Assemblies already have bye-laws and they are talking about registration of roads or roads that are to be applied. These would be all examined and I can assure this House that the issues raised by the various sectors would be considered.
Fortunately for us, the Committee recommends a Board that includes all of them and if any thing happens, the Board would be the one which will decide. They are fully represented on the Board and I can assure this House that their interest will be taken care of.
I thank you and urge all my Hon Colleagues to vote for this motion.
Madam Speaker noon
Thank you, Hon
Mr Osei-Kyei-Mensah-Bonsu noon
Madam Speaker, I think the Hon Minister has cleared the air on the engagement of stakeholders and that clears our mind on that. Madam Speaker, but I am not too certain of the situation that we find ourselves in with respect to this Bill.
Madam Speaker, the Hon First Deputy Speaker quoted the relevant provision in the Constitution relating to the Second
Reading of Bills. The Bill that we have before us, which is under consideration, the Committee informs us or reminds us that it was laid in this House on the 18th of December, 2009. The Committee, because they had to do this broad consultation, then arrived at the conclusion that the Bill is not of urgent nature and should therefore go through the normal process, which is why we have had to tarry all these while until now.
Madam Speaker, the provisions in the Standing Order relating to the processing of Bills is also very clear. Now, this Bill was laid in this House, as we have been reminded, on the 18th of December, 2009. The Bill, however, was gazetted on the 21st of December, 2009. What does it mean? It means that the Bill was laid in this House before it was gazetted. That should ordinarily be the case if it was to be considered under a certificate of urgency. But Madam Speaker, it is not under a certificate of urgency.
So where are we regarding the status of this Bill? Because Madam Speaker, article 106 (13) of the Constitution is very unambiguous on this. And with respect, Madam Speaker, let me quote article 106
(13):
“Where it is determined by a committee of Parliament appointed for the purpose that a particular Bill is of an urgent nature, the provisions of the preceding clauses of this article, other than clause (1) and paragraph (a) of clause (2) shall not apply, and accordingly, the President shall give his assent to the bill on its presentation for assent.”
Madam Speaker noon
Order!
Mr Kyei-Mensah-Bonsu noon
Madam
Speaker, Order 119 and I beg to quote:
“Where it is determined and certified by the appropriate Committee of the House appointed in that behalf that a particular Bill is of an urgent nature, that Bill may be introduced without publication. Copies of the Bill shall be distributed to Members and may be taken through all its stages in one day.”
Madam Speaker, that informs why the Bill came to Parliament on the 18th of December, 2009 when it had not been gazetted. The Committee, after meeting, certifies that it is not of an urgent nature and it then means that it should go through the normal process. And Madam Speaker, then we are covered appropriately by Order 120 of our Standing Orders and I beg to read:
“Except as provided in Orders 119 and 122 no Bill shall be introduced unless the text of the Bill with no variations other than such as, in the opinion of the Parliamentary Draftsman, are of trivial or drafting character, has been published in the Gazette fourteen days before the date of its introduction in the House.”
Madam Speaker, now, the Committee certifies that it is not of an urgent nature, and it then should go through the normal procedure, which then means that it should be considered after its gazetting.
Madam Speaker, that is why I am saying that we seem to find ourselves in some quagmire. Notwithstanding, I believe that it is a good thing that this House has to do. I am concerned with the situation in which we find ourselves, now
Mr Kyei-Mensah-Bonsu noon


Madam Speaker, so we find ourselves in a situation where --
Madam Speaker noon
Has it been
gazetted at all?
Mr Kyei-Mensah-Bonsu noon
Madam Speaker, it has not been gazetted. It was gazetted on 21st of December, 2009 after it came to this House on the 18th of December, 2009.
Madam Speaker noon
But has it been rejected because it is not of an urgent character?
Mr Kyei-Mensah-Bonsu noon
Yes.
Madam Speaker noon
Would we not start
from the date of the gazette which is 21st of December, 2009? Because what you are advancing is that we should go back and start the whole process and I want to know whether we could not start it from 21st of December, 2009?
Mr Kyei-Mensah-Bonsu noon
Madam Speaker, I would want to strongly suggest that once the Committee determines that the Bill is not of an urgent nature, then the laying that was purported to have been done then is invalidated.
Madam Speaker, that is the point I am making.
Madam Speaker noon
So it is not about the gazetting, it is now the laying, is it not?
Mr Kyei-Mensah-Bonsu noon
Yes, the effective date of the laying. And
Madam Speaker noon
Hon Minister, I think you are qualified enough --
Mr Chireh noon
Madam Speaker, I have
already explained that the President gave executive approval for the urgency and the fact that, by the 15th of May, 2010, we are likely to lose this amount of money. The procedure issue of the Committee not deciding on it to be urgent, really, is one, that we are not insisting that today we go through all the processes and we want to consider it tomorrow on order.
So in any case, my dear Minority Leader knows that the issues he is raising now should have been raised much earlier and not when we have finished the debate.
I beg him to take note and that we have not breached any regulations of this House.
Thank you, Madam Speaker.
Madam Speaker noon
Hon Minority Leader, he is begging you - [Laughter] -- that we go on and if you agree, we will go on because --
Mr Kyei-Mensah-Bonsu 12:10 p.m.
Madam Speaker, as I said, I am moved by compassion given the deadline that he has to operate within, but rules are rules. Madam Speaker, ordinarily, I should be calling on him to withdraw the Bill and come back except at this stage having listened to his plea, I will entreat him to go and sin no more. And I mean it, I mean it Madam Speaker, he should go and sin no more.
Madam Speaker 12:10 p.m.
Yes, he will go and
sin no more, so can we now go on and close the debate?
Mr Hackman Owusu-Agyemang 12:10 p.m.
Madam Speaker, for purposes of the records, I think there must be a ruling that we have dispensed with that particular provision, otherwise, some day, it will be called into question the validity of what has been done. We are the masters of our own rules and regulations, so we can suspend or dispense with that particular aspect, otherwise, the legality of what has been done would be challenged. So I beg that we formally suspend or dispense with that particular provision, then we go forward, we make progress.
Madam Speaker 12:10 p.m.
If a formal
application is made by the Hon Minister, I will consider -- an argument has been finished about when it should be -- Yes, Hon Minister -- like he said, since we are masters of our own rules, we can always -- where it is not provided by the rules, the Speaker can if she is prevailed upon -- [Pause] -- Yes?
Mr Adjaho 12:10 p.m.
Madam Speaker, I thought you made some suggestion to the Hon Minority Leader which was quite appealing to me and I think that we should leave it at that. With the greatest respect, I do not think that there is need for us to suspend --
Madam Speaker 12:10 p.m.
No, the request
is not that we suspend but that we say something about the particular difficulty that the Hon Minister finds himself in, and then say that, yes, even though the rules do not provide for such a situation, we will make exception - something like that is what he is suggesting.
Mr Adjaho 12:10 p.m.
Madam Speaker, again,
my view is that the whole issue - we should look at the letter and the spirit of the Constitution which has been rightly

quoted by the Hon Minority Leader. The essence of the gazette publication really, is to give notice to the public so that they can make an input into the Bill. So that is the essence of the gazette publication, that is the spirit. So the question then is that do we satisfy the 14 days from that day that it came and the Committee decided it was not urgent and now that we are taking it --
Madam Speaker 12:10 p.m.
It is the laying
of the Papers that he was talking about. After that he just said the laying had been done before.
Mr Adjaho 12:10 p.m.
So I do not know how.
Listening to the Hon Member for New Juaben North (Mr Hackman Owusu- Agyemang) calling for suspension --
Madam Speaker 12:10 p.m.
No, he never called for suspension, he just said we should do it properly. Is that not so, or did I not hear you properly?
Mr Owusu-Agyemang 12:10 p.m.
Yes, Madam Speaker, I just said that we will facilitate it by making sure that we have something on the records to say that. But “go and sin no more,” is not -- it is a friendly chat, it cannot be the rule in place. So he was very gracious by saying he must sin no more; so I say that if you rule that on that basis that we go forward, then we go. But I do not think that the Hon First Deputy Speaker has got a point. Let us make sure that we do the right thing, that is all.
Madam Speaker 12:10 p.m.
That is why I called
upon the Hon Minister, that if he should apply to me then I will make a ruling.
rose
Madam Speaker 12:10 p.m.
Yes, Hon Boafo,
is this to help us?
Mr Boafo 12:10 p.m.
Madam Speaker, I believe
that in this House, we are primarily governed by the Standing Orders, but at the same time, we build around the Standing Orders by practices and conventions
and if we do not take steps to give notification that this is something which is not being entertained by the House, some day somebody will get up and bring the Hansard and cite it as a practice or convention of this House.
So what the Hon Member for New Juaben North is saying, I think should be taken into account - that it should be qualified. We accept it, but it should be qualified so that it is not cited in future as a precedent for this House.
Madam Speaker 12:10 p.m.
Or convention?
Mr Boafo 12:10 p.m.
Yes.
Madam Speaker 12:10 p.m.
Yes, Hon Minister,
having heard all this, what are we to do?
Mr Chireh 12:10 p.m.
Madam Speaker, having
listened to all the advice I have been given, and the explanation that I early on offered, I want this House to know that this Bill was introduced -- first of all, the approval process was an executive approval by His Excellency the President and subsequently laid here.
It was the business of the day that prevented it being taken and therefore, whatever has happened, I will want it to be recorded as having been deemed laid and considered to have gone through the processes.
M a d a m S p e a k e r : D e e m e d ?
[Laughter.] If I were sitting in court, I would accept it, “deemed laid”. Would the Minority Leader deem it laid, it is just a process?
Mr Kyei-Mensah-Bonsu 12:10 p.m.
Madam
Speaker, clearly, if we want to be very technical about this, one would say that the whole process has been invalidated by the breach of the process. But as I indicated, we do not want to stretch it. The

point that is being made strongly to the Hon Minister for Local Government and Rural Development, who we all recognize as a very diligent Member of this House, and he is very scrutinous when it comes to Bills.

Madam Speaker, I am surprised that he is the one who is faultering; I am surprised that he is the one who has so faulted. But he is forgiven, he is forgiven his transgressions, except that he should not repeat it. Madam Speaker, that is all that we are saying.
Madam Speaker 12:10 p.m.
Yes, because we
have already deemed it gazetted -- [Laughter]-- and if we have deemed it gazetted, then I think he says consider it also as deemed laid. But, like he says, it is something outside the rules and if the rules do not provide for such a situation, we here can decide on it. So this is not to be a convention or a precedent to be followed but in this particular circumstances, we will deem that it has been laid and accepted.
In which case, the debate is closed, the Hon Minister has finished with his winding up. Or have you not?
Question put and motion agreed to.
The Centre for Urban Transportation
Bill, 2009 was accordingly read the Second time.
Madam Speaker 12:10 p.m.
Thank you, Hon
Members. Yes, has the Leader any indication as to? -- We have finished with the programme.
rose
Madam Speaker 12:10 p.m.
Yes, Hon Member?
Mr Owusu-Agyemang 12:20 p.m.
Madam Speaker, some housing-keeping matter.
Madam Speaker 12:20 p.m.
Yes?
Mr Owusu-Agyemang 12:20 p.m.
Madam Speaker, we do not have some of the documents that are being examined by the Finance Committee. The documents were supposed to have been laid yesterday, but we do not have them, so how are we going to study them and comment on them? Tomorrow, they are going to bring us the Finance Committee report and we are supposed to approve it. We have not seen the documents. So, I --
Madam Speaker 12:20 p.m.
Yes, the process would be fast-tracked and you should be getting them very soon.
Where is the Hon Leader of the House?
Mr Owusu-Agyemang 12:20 p.m.
Madam Speaker, are we getting the documents today?
Madam Speaker 12:20 p.m.
That is what I anticipate.
Mr Owusu-Agyemang 12:20 p.m.
Some of us are very interested in some of them, so we really want to study them.
Madam Speaker 12:20 p.m.
Hon Chairman of the Committee, are we going to get the documents today?
Mr Gbediame 12:20 p.m.
Madam Speaker, there is every assurance that the documents would be made available to Hon Members today and early enough also.
Mr Gbediame 12:20 p.m.
Thank you, Madam Speaker. Page two -- [Interruptions.]
Mr Owusu-Agyemang 12:20 p.m.
Madam Speaker, I think on this, I take the opportunity to underscore the fact that really, if the documents are not ready, they should not be allowed to be laid. Because I have been looking at the desks of Hon Members and they are saying, “it is coming”. The documents really are not yet ready -- there are about six of them -- So in future, before they are laid, I think the Clerk must assure us that the documents are even here.
By laying the documents, it means they are available to Hon Members, that is the technical definition of it. Otherwise, you cannot get one copy and lay while the rest are not there. I think we must do the proper thing, Madam Speaker, especially since we have gone through the effort of getting ourselves ready to come to Parliament, we must get the papers to do the work, otherwise our coming here is nothing --
Madam Speaker 12:20 p.m.
Well, I agree with you.
Mr Owusu-Agyemang 12:20 p.m.
Thank you.
Madam Speaker 12:20 p.m.
Obviously, there are in existence such agreements which the Hon Minister carried and the delay in giving you copies is what we are talking about. And you have an undertaking that it will be ready today. Well, as he said, in future, can you get all their copies ready before you come to lay them?
Mr Gbediame 12:20 p.m.
Madam Speaker, we
want to assure the House that we will do
Madam Speaker 12:20 p.m.
I hope so.
Mr Gershon K. B. Gbediame 12:20 p.m.
Madam Speaker, there are a number of committees that are supposed to meet after adjournment. And having finished the Second Reading of the Bill, we have only committee sittings and at this juncture, I beg to move, that the House do now adjourn and reconvene tomorrow at ten o'clock in the forenoon so that Hon Members can attend the various committee meetings.
Thank you, Madam Speaker.
Mr Joe Ghartey 12:20 p.m.
Madam Speaker, I have been graciously mandated by my Hon Leader to second the motion. But Madam Speaker, before I second the motion, I have also been mandated to make a few comments. I hope the comment was made yesterday that perhaps, there is nothing urgent that has brought us here. Now, it is revealing itself in each coming day. Today, we are ready to stay here --
Madam Speaker 12:20 p.m.
Hon Member, I do not want us to traverse that path. You were just to second the motion and I would not want you to take unfair advantage.
Mr Ghartey 12:20 p.m.
Madam Speaker, you know that I always take a cue from the Chair. So, Madam Speaker, taking a cue from you, I would just beg to second the motion.
Madam Speaker 12:20 p.m.
I thought that yesterday enough was said and the Hon Majority Leader did promise that -- [An Hon Member: He was not here] -- You were not here?
Mr Ghartey 12:20 p.m.
I was here in spirit -- [Laughter.]
Madam Speaker 12:20 p.m.
He has promised that he will take that advice very seriously and that he will not inconvenience you in future. I can assure you that even this time you will not be that much inconvenienced.
Mr Ghartey 12:20 p.m.
Madam Speaker, thank
you very much. As a gentleman, I would take your advice. I would second the motion and I would respectfully ask that people like Hon Ahi should be in rapt attention when I am seconding the motion.
Madam Speaker, I beg to second the motion that this House be adjourned till tomorrow, where God willing, we shall do serious work.
Madam Speaker 12:20 p.m.
Thank you.
Question put and motion agreed to.
ADJOURNMENT 12:20 p.m.