Debates of 2 Jun 2010

MADAM SPEAKER
PRAYERS 11:05 a.m.
ANNOUNCEMENTS 11:05 a.m.
Madam Speaker 11:05 a.m.
Order! Hon Members, I have received communica- tion from the President and I will read it to you.
“27th May, 2010
THE RT. HON SPEAKER
OFFICE OF PARLIAMENT, 11:05 a.m.
PRESIDENT OF THE REPUBLIC 11:05 a.m.
OF GHANA 11:05 a.m.
COUNCIL OF STATE, 11:05 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:05 a.m.
Madam Speaker 11:05 a.m.
Correction of Votes and Proceeding of 1st June, 2010. Pages
1 … 7 --
Mr Samuel Johnfiah 11:05 a.m.
Madam Speaker, page 6, item 6, it is stated that the Official Report for Thursday, 6th May, 2010 and Thursday, 27th January, 2010 were adopted. I believe it should be 27th May and not January. That is found in line 3.
Madam Speaker 11:05 a.m.
So it should be
27th what?
Mr Johnfiah 11:05 a.m.
27th May and not 27th
January.
Madam Speaker 11:05 a.m.
All right. Thank
you.
Page 7 now.
Madam Speaker 11:15 a.m.
Pages 7 …16 - [Pause.]
The Votes and Proceedings of Tuesday,
1st June, 2010 as corrected is adopted as the true record of proceedings.
Hon Members, I have the Official
Reports of the Special Meeting. I hope you all have copies for the 4th of May, 5th of May, 6th of May and 7th of May? If you all have them, shall we now correct them? Let us start with the correction of the Official Report of 4th of May.
Any corrections?
Hon Members, in the absence of
any corrections, the Official Report of Tuesday, 4th May, 2010 is hereby adopted as the true record of proceedings.
Shall we move to the Official Report of
Wednesday, 5th May.
Any corrections?
Hon Members, have you all got copies
of the Official Report? One Hon Member has not. Any other person who has not? Hon Member, have you looked in your pigeon hole? [Pause.] Other Hon Members have copies. But you can have a look at - If you need to look at it you can do so to enable us carry on with the busines.If your neighbour has it, then can you look at it? - [Interruption.] You do not have it?
Well, I am not getting the impression

Well, the question is, have you brought it here? Have you been served with copies at all? [Some Hon Members: No.] In which case, shall we defer correction till you get copies?

So, let us defer the Correction of the

Official Report today and move on to Questions, item 3 on the Order Paper.

The Hon Minister for the Interior is

here.
Mr Cletus A. Avoka 11:15 a.m.
Madam Speaker,
I just thought that I could crave your indulgence and apologise to Hon Members
and the public for our late start today. A week ago or thereabout, I indicated that we would start strictly at 10.00 a.m.
Madam Speaker, this morning, our Hon
Colleagues, the Minority Caucus had an important caucus meeting to discuss a national matter and therefore, they were not available at ten o'clock. That is why we started at eleven o'clock. So I want to apologise to the public for the late start and to assure them that we would still abide by the time, ten o'clock.
Madam Speaker 11:15 a.m.
Thank you,
Majority Leader.
rose
Papa Owusu-Ankomah 11:15 a.m.
Madam
Speaker, I will yield to the Minority Leader. I will yield to the Leadership.
Mr Ambrose P. Dery 11:15 a.m.
Madam Speaker, thank you for the opportunity. I am surprised by the statement made by the Majority Leader. I would have thought that whatever transpired among Leadership, was a matter that should be kept as such. Leadership did not decree that we should not come in. But if there was an understanding that for contractive engagement, we should come to that agreement, he should not have come to the Chamber and give the reason for lateness as the Minority was having a meeting. I thought that it was a non-issue at this stage of the discussion.
Mr Kyei-Mensah-Bonsu 11:15 a.m.
Madam
Speaker, I thought that we had agreed among ourselves to endeavour to start at ten o'clock. If, indeed, for any reason, we should apologise, it should be on behalf of the House and not on behalf of say, the Minority. The Majority has often held meetings. We have agreed and then whenever we have that arrangement, we would agree that maybe, we start at eleven o'clock. The fact would be known to the
Mr Avoka 11:25 a.m.
Madam Speaker, I did not
apologise on behalf of the Minority. In my capacity as the Leader of the House, I apologised on behalf of the House. I said we had undertaken to Sit at 10 o'clock, but we had to Sit at 11 o'clock because our Colleagues had an important meeting to discuss a national matter. I did not say that I was apologising on behalf of the Minority. I did not say that. I apologised on behalf of the House.
Madam Speaker, maybe, on the hindsight, I should have said that due to circumstances beyond our control, we are Sitting late. If this is what my Hon Friend is asking for, he can say so, but I did not apologise on behalf of one side of the House. I said that this is a body, we should have been Sitting at 10 o'clock but we kept you waiting until 11 o'clock, before Sitting. It demands that we inform the public and apologise accordingly. And this is what I did. So I am sorry for any inconvenience that might have occasioned anybody.
rose
Madam Speaker 11:25 a.m.
Papa Owusu-

Ankomah, do you want to make a contribution?
Papa Owusu-Ankomah 11:25 a.m.
Madam
Speaker, before the Hon Minority Leader speaks, I know that the Leader of the House wanted to express the apology to the electorate of this country. I am wondering why today, because yesterday, the House Sat at 10.25 a.m. and that was the first day after his pledge. And I am wondering why he did not even apologise yesterday, but chose to apologise today, particularly, when before the Minority met as a caucus, the Leadership had discussed the matter.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Well,
Madam Speaker, as I said, I do not intend to further litigate it. I believe the Hon Majority Leader would take a cue and ought to take a cue.
Madam Speaker 11:25 a.m.
Well, I can only say that we meet normally at 10 o'clock, but if we are also doing Business of the House, we are delayed a little. And it does happen all the time. I do not think that we should apologise each day, I do not know to whom, because that meeting was also doing the work of Parliament. But we will not belabour the point.
As the Hon Majority Leader promised, we would endeavour to meet at 10.00 a.m. But any meeting before 10.00 a.m. is still parliamentary business.
Anyway, thank you.
Shall we carry on with Question time?
The first Question stands in the name of Hon Stephen Yakubu, Member of Parliament for Binduri.

Hon Yakubu, Member of Parliament for Binduri?
Mr Leo Kabah Alowe 11:25 a.m.
Madam
Speaker, may I kindly ask permission to ask this Question on Hon Stephen Yakubu's behalf. He has asked me to do so with your permission.
Madam Speaker 11:25 a.m.
Yes.
ORAL ANSWERS TO QUESTIONS 11:25 a.m.
MINISTRY OF THE INTERIOR 11:25 a.m.
Minister for the Interior (Mr Martin Amidu) 11:25 a.m.
Madam Speaker, the flooding in the Binduri Constituency in September, 2009 affected 172 people in six (6) electoral areas out of nine (9) electoral areas. They are:
1. Bansi
2. Bosoa
3. Nafkolga
4. Gumyokmo
5. Narango
6. Zawse.
In all, the six (6) electoral areas were given the following items received from NADMO in December, 2009:
(i) 45 pieces of mattresses
(ii) 15 pieces of poly mats
(iii) 17 bales of used clothing
(iv) 9 cartons of toilet soap
(v) 6 cartons of cooking oil
(vi) 30 pieces of lanterns
(vii) 15 packets of matches
(viii) 105 pieces of plastic plates
(ix) 30 pieces of plastic bowls
(x) 11 bales of blankets
(xi) 30 pieces of plastic buckets.
NADMO is also liaising with the World Bank to get recovery items to promote livelihood support, such as seeds, seedlings, fertilizers and pumping machines to the farmers who lost most of their belongings.
Mr Alowe 11:25 a.m.
Madam Speaker, I want to thank the Hon Minister for his Answer. But I realized that he has just listed items that have been distributed; he does not tell what each beneficiary got from that distribution and whether that distribution actually covered all the people who were affected.
Madam Speaker 11:25 a.m.
Yes, Hon Minister,
the latter part of the Question.
Mr Amidu 11:25 a.m.
Madam Speaker, the items
were distributed through households by the District Co-ordinator of NADMO, and priority was given to women and children. Madam Speaker, my information is that the items got to the targeted people.
Mr Alowe 11:25 a.m.
Madam Speaker, may I
kindly ask the Hon Minister to tell us how many households were covered in that distribution?
Mr Amidu 11:25 a.m.
Madam Speaker, I do not

have any figures with regard to the number of farmlands affected. This is because in the heat of the disaster, NADMO's attention was drawn first and foremost to the human beings affected. It knew that there were a number of farms affected and therefore, it made contingent provisions, in discussions with the World Bank, to take care of them. I do not have statistics about them because the Question wanted to know how it took care of them and this was the information I had.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Madam Speaker, the issue that I wanted to get across to the Hon Minister is that, by his response, the people affected then, are more than 172 if you consider the farmlands that are affected; because if farmlands are affected, they will affect the human beings who till those farmlands. It could then mean that the people who were actually affected were more than 172, given the explanation that he has given.
Mr Amidu 11:25 a.m.
Madam Speaker, the people affected who were registered by NADMO are 172.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Madam Speaker, so who got what by the list that the Hon Minister has provided? [Inter- ruptions.] Since he says that the items got to the targeted people, who got what?
Madam Speaker 11:25 a.m.
Hon Minority Leader, we are not debating the Hon Minister.
Mr Amidu 11:25 a.m.
Madam Speaker, in these disaster matters, the co-ordinator of the district is the one who supervises, and I have confidence that when he informs me that the targeted group had their allocation, indeed, he means it.
Mr Kofi Frimpong 11:25 a.m.
Madam Speaker,
readily have the number of households. But as I said, the number of people affected were 172 in six electoral areas. The District Co-ordinator of NADMO has the list of the households covered.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Madam
Speaker, the Hon Minister tells us that 172 people were affected. Would he tell us how those people were affected? In which ways were those people affected?
Mr Amidu 11:25 a.m.
Madam Speaker, there
was a flood in the area which affected houses in different forms: roofs were ripped off, people lost accommodation and these are the people NADMO sees as the vulnerable and victims of the flood. Those are the people who have been counted and listed as 172.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Madam
Speaker, since the Hon Minister talks about accommodation, would he not consider those of them who lost farmlands as also having suffered?
Mr Amidu 11:25 a.m.
Madam Speaker, Binduri
area, which I know very well, is a farming area, and that is why arrangements were being made with NADMO for seedlings, fertilizers and those other things. This is because definitely, in that area when your farms are -- In fact, floods there affect farms and that is why those provisions have been made, and negotiations are being made with the World Bank to get resources to help them in that direction -- having regard to the resources available to NADMO.
Mr Kyei-Mensah-Bonsu 11:35 a.m.
Madam Speaker, is the Hon Minister then telling us that the farmlands that were affected were equivalent to or less than 172?
Mr Amidu 11:35 a.m.
Madam Speaker, I do not

in his Answer, the Minister said NADMO is also liaising with the World Bank to get recovery items to promote livelihood and so on and so forth.

May I know from him when these items are going to be brought to the people? When the Majorty Leader was the Minister and there was a similar predicament in my constituency, he promised that 30 packets among other items had been sent to my constituency. Up to this time, the 30 packets of roofing sheets are not there. They are not there up to this time as I speak.

May I know from the Hon Minister when exactly he is sending these items to the people to start farming? And can he assure us that this thing will come off?
Madam Speaker 11:35 a.m.
That is the question, when?
Mr Amidu 11:35 a.m.
Madam Speaker, no definite date can be given because this is an ongoing discussion, it was held up due to some circumstances. But the Coordinator of NADMO has assured me that by the end of June, he thinks that there will be positive results.
Mr Joseph B. Aidoo 11:35 a.m.
Madam Speaker,

Now, the question. Could he tell us how these items were distributed to the affected persons, particularly, the 45 pieces of mattresses to 172 people? How were they distributed?
Madam Speaker 11:35 a.m.
Order! Order!
Mr Amidu 11:35 a.m.
Madam Speaker, I have already stated that the distribution was done through household heads and that priority was given to women and children.
Madam Speaker 11:35 a.m.
Honourable, it seems because I allowed the Minority Leader to ask more than one question, you want to ask two questions. [Laughter.]
Mr Joseph B. Aidoo 11:35 a.m.
Madam Speaker,
if only you will indulge me.
Madam Speaker 11:35 a.m.
Yes, it is all right, last question.
Mr J. B. Aidoo 11:35 a.m.
Madam Speaker, according to the Hon Minister, priority was given to women and children. Could he tell us how many women and how many children benefited from the 45 pieces of mattresses? [Interruption.] Allow the Hon Minister, he has the answer.
Mr Amidu 11:35 a.m.
Madam Speaker, I do not have the list of affected persons because the Question was general, it talked about the people of Binduri -- [Interruption.]
Mrs Eugenia Gifty Kusi 11:35 a.m.
Madam Speaker, the Hon Minister said that the Question was general. I beg to differ. In his Answer, he said that “6 electoral areas were given the following items” and he went on to name the electoral areas: Bansi, Basoa, and the rest -- I cannot continue. I want to know, how many of these items went to Bansi, how many went to Basoa, how many went to Nafkoga, so that as the Member of Parliament for the area, when you are going round, you will know what to do. [Interruption.]
Mr E. K. D. Adjaho 11:35 a.m.
Madam Speaker, I heard the Hon Member, in asking the question said “as the Member
Mr Dery 11:35 a.m.
Madam Speaker, I think that it is clear that this Question was asked by the Member of Parliament of the area. So, that is the context in which the statement was made. But the Question is clear, “how many of these things went to the various electoral areas?” that is the Question.
Mr Amidu 11:35 a.m.
Madam Speaker, NADMO assessed the areas affected and having regard to the priority given to the women and children, it gave in proportion to those people affected in the area. I do not have the figures right at hand.
Madam Speaker 11:35 a.m.
Last question and then we move on. We have a lot of Questions.
Mr Frimpong 11:35 a.m.
Madam Speaker, [Interruption.] Are you challenging the Speaker?
Madam Speaker 11:35 a.m.
Order! Order!
Mr Frimpong 11:35 a.m.
Madam Speaker, I would want to know from the Hon Minister why he is not able to give us the breakdown because in a similar Question to the previous Minister, who is now the Leader of the House, he was able to tell me the number of children, the number of women, the number of men that were involved. He was able to judiciously do that. I do not know why the Hon Minister now cannot do that. He must be able to tell us because we want to know.
How many children were involved? We want to know how many women were
involved. These are the vulnerable groups in the society; he should tell us so that we sympathise with them. So, the Hon Minister must be in a very good position to provide us with these statistics. These are simple ones that I think he must be able to provide us.
Madam Speaker 11:45 a.m.
But Hon Member, he said he does not have the figures here. So, if you want them, just put it to him to bring you the figures because he says he does not have them here.
Yes, let us move to the next Question. Time is far spent.

Binduri Police Station (Building and Operationalisation)

Q. 365. Mr Leo K. Alowe (on behalf of
Mr Stephen Yakubu) 11:45 a.m.
asked the Minister for the Interior when a police station would be built and made operational at Binduri.
Mr Martin Amidu 11:45 a.m.
Madam Speaker, Government has approved and provided funds for the completion of 38 ongoing office and residential accommodation projects for the Ghana Police Service in the 2010 Budget. The building of a police station in the Binduri Constituency and its operationalization is not one of these projects.
Much as the Police Administration will wish to target the building and operationalization of a police station for the Binduri Constituency in 2011, this will be contingent upon budgetary approval for such a project in the 2011 Budget by Government and this august House. This is because the opening of more police stations and police district offices are contingent upon availability of resources from the budget to the Police Adminis- tration to undertake.
T h e P o l i c e A d m i n i s t r a t i o n has therefore, adopted the policy of encouraging communities, and District
Mr Martin Amidu 11:45 a.m.


Security Committees of metropolitan, municipals and districts Assemblies (MMDAs), which consider the urgent establishment of police stations as essential to maintaining the security of the districts to assist in the provision of the necessary office and residential infrastructure.

This will enable the Police Adminis- tration provide police services to those stations and districts. Binduri will thus be provided with a police station that will be operatioinalised when there is budgetary allocation for such a project or when the District Security Committee of the Bawku Municipal Assembly considers that the provision of police services to the Binduri Constituency is so urgent as to provide the necessary office and residential infrastructure to enable the provision of such services by the Police Adminis-tration.
Mr Alowe 11:45 a.m.
Madam Speaker, the Hon Minister indicates that they have provided in the budget to complete 38 on-going offices and residential accom-modation. We all know that there is a conflict in the Bawku area and its environs and Binduri is one of these environs. I am surprised and I want to find out from him why the Ministry has not found it appropriate and urgent to put up a police station at Binduri.
Mr Amidu 11:45 a.m.
Madam Speaker, I have answered the Question that police stations are located depending on the availability of funds and Binduri will get a police station when there is budgetary allocation or when the Municipal Assembly provides the infrastructure for it to get one.
Madam Speaker, Binduri is not a conflict area. It is within the Bawku West Municipality but it is not a conflict area. I come from the area.
I thank you Madam Speaker.
Mr Alowe 11:45 a.m.
Madam Speaker, I am
surprised at the answer to the question because I do not think we have to wait for a conflict to arise in a place before we provide the necessary structures and so - [Interruption] - yes, he is from the area.
But I think it is proper that steps are taken before the conflict spreads there. What does he have to say about that?
Madam Speaker 11:45 a.m.
Is that a question? Put a question.
Mr Alowe 11:45 a.m.
Madam Speaker, my question to the Hon Minister is, why is the Ministry not providing such a police station to forestall any future spread of the conflict to the Binduri area which he says he knows and from where he comes?
Mr Amidu 11:45 a.m.
Madam Speaker, the Ministry has been unable to provide a police station for Binduri because of lack of resources, and as I said, I come from the area and if that were possible, I do not think I would have waited for a Question to be asked before it was provided.
Madam Speaker 11:45 a.m.
Your last question.
Mr Alowe 11:45 a.m.
Madam Speaker, I believe the Hon Minister will agree with me that the amount of money being expended on security in Bawku is a lot more than would be needed to provide accommodation in Binduri. So I am still wondering why he does not see the need to have funds provided and he is saying it will be done in future. I would have wished that it were done now. So my question is, how soon is the Ministry going to provide a police station for Binduri?
Madam Speaker 11:45 a.m.
Yes, Minister, how soon?
Mr Amidu 11:45 a.m.
I have stated in other Questions in this House that other areas in this country have provided both residential and office accommodation for the Ghana Police Service and they have posted policemen to the place. Binduri is no exception. As soon as budgetary allocations are available or the Bawku East Municipal Assembly provides residential
Mr Amidu 11:45 a.m.


and office accommodation, policemen who are available will be posted there.
Madam Speaker 11:45 a.m.
Yes, we have the next Question, Hon Esther Obeng Dappah.
rose
Madam Speaker 11:45 a.m.
Hon Member, I will come to you. Can we finish with the Hon Minority Leader? [Minority Leader resumes seat?]
New Abirem Police Station (Provision of Accommodation and
Vehicles)
Q. 366. Ms Esther Obeng Dappah
asked the Minister for the Interior what plans the Ministry had to provide accommodation and vehicles for the newly-built police station at New Abirem in the Birim North District.
Mr Martin Amidu 11:45 a.m.
Madam Speaker, it is a constitutional mandate of the Ghana Police Council to equip and maintain the Ghana Police Service to perform its traditional role of maintaining law and order. The provision of accommodation and vehicles is one such pre-requisite for the maintenance of law and order. Unfortunately, the constitutional mandate is not supported by adequate funding from governmental sources.
Consequently, the Police Adminis- tration has had to resort to pragmatic ways of fulfilling its mandate of maintaining law and order under the Constitution. In this regard, the Police Administration owes a debt of gratitude to a chief at New Birim North District who has been very helpful in the provision of residential accommo- dation for police personnel in the area.
In the absence of approved budgetary allocation by Government and Parliament for residential accommodation in this area, the Police Administration has been seeking sufficient rental accommodation that will enable it to increase the manpower strength of police personnel to the area. It is yet to secure adequate rental accommodation for this purpose.
Vehicles, as I have already indicated, are indispensible in promoting the maintenance of law and order. As a result of budgetary constraints, it is now that the New Abirem Police Station is on the Police Administration's list of the next recipients of vehicle allocation from the Government to the Service. The date of such allocation cannot be stated with certainty.
Ms Dappah 11:45 a.m.
Madam Speaker, is the Hon Minister aware that the accommodation provided for the police staff was a three- bedroom house by the District Assembly and it is being shared by five people including a woman? There is, therefore, a queue to use the toilet facility in the morning. Is he aware of this?
Mr Amidu 11:55 a.m.
Madam Speaker, I am not aware.
Ms Dappah 11:55 a.m.
Madam Speaker, the Hon Minister said they are yet to secure adequate rental accommodation for this purpose. What measures have they put in place to secure such accommodation?
Mr Amidu 11:55 a.m.
Madam Speaker, the Hon Member has asked two questions. I have stated that negotiations are ongoing to get suitable accommodation for the police and this is reflected in the next Question.
Ms Dappah 11:55 a.m.
Madam Speaker, the police station has been in existence for three years; so when did the negotiation start and when is it going to end?
Mr Amidu 11:55 a.m.
Madam Speaker, the current Inspector-General of Police started the negotiations and they will end when the necessary accommodation contract for the rented accommodation has been completed.
Ms Dappah 11:55 a.m.
Madam Speaker, I am not aware of any -
Madam Speaker 11:55 a.m.
Have you not asked three questions? Do you want a fourth question?
Ms Dappah 11:55 a.m.
A fourth question, please, Madam Speaker.
Madam Speaker 11:55 a.m.
We are now breaching all the rules, are we not? All right, last question.
Ms Dappah 11:55 a.m.
Madam Speaker, can the Hon Minister assure me when we are going to have such accommodation?
Mr Amidu 11:55 a.m.
Madam Speaker, as soon as we get a contract signed between the Police Administration and the prospective landlords, the accommodation will be ready.
Ms Dappah 11:55 a.m.
Madam Speaker, how soon is the contract going to be signed? It is the seriousness of the situation - [Interruption.] How soon?
Madam Speaker 11:55 a.m.
Hon Member, the Minister is not supposed to hazard a guess and by this, you are asking him to just tell you anything. He says “as soon as the contracts are signed, the houses would be available”. If you want to urge him to do something, then do so. But that question seems you want to suggest to him that he gives you his opinion, which he cannot
tell you.
Ms Dappah 11:55 a.m.
Thank you, Madam Speaker. I am pushing because of the seriousness of the situation - [Interruption] - This is a mining area and we have galamsey people, there is a lot of lawlessness there and it is imperative that we provide accommodation for the police staff. It is imperative. If the Hon Minister has made any arrangements, would he be kind enough to let me know what the arrangements are?
Mr Amidu 11:55 a.m.
Madam Speaker, this Government is more concerned about police accommodation than anything else. The point is that we have to make sure that we secure the facilities for the policemen and we will do that as soon as the contracts are finished with the Birim North District.
Ms Dappah 11:55 a.m.
Madam Speaker, coming to the vehicles -
Madam Speaker 11:55 a.m.
Hon Member, you are debating the case now, you have asked your questions.
Ms Dappah 11:55 a.m.
No, the second part of the Question is on vehicles, there are two aspects; they are two parts of the Question.
Madam Speaker 11:55 a.m.
Hon Minister, it seems you have answered only the part on accommodation, what about the vehicles?
Mr Amidu 11:55 a.m.
Madam Speaker, I have stated that New Abirem is one of the places earmarked for the next allocation of vehicles by the Police Administration. There have been negotiations to purchase vehicles and we are saying that, as soon as they take delivery of those vehicles, New Abirem would be provided. I cannot give specific date and time.
Ms Dappah 11:55 a.m.
Madam Speaker, I do appreciate -
Madam Speaker 11:55 a.m.
Hon Member, you have had enough; you have had enough.
Ms Dappah 11:55 a.m.
I do appreciate that the Hon Minister --
Madam Speaker 11:55 a.m.
Hon Member, you have debated the Minister; we have had enough questions. You were entitled to three questions, so let us move on. You have another Question; can you now ask your next Question, Hon Member?
Staff strength of Police Station at Abirem in the Birim North District
(Increase)
Q. 367. Ms Esther Obeng Dappah asked the Minister for the Interior what immediate plans the Ministry had to increase the staff strength of the police station at Abirem in the Birim North District.
Mr Martin Amidu 11:55 a.m.
Madam Speaker, the newly-created police district of New Abirem currently has a total personnel strength of eighteen (18) under the command of an Assistant Superintendent of Police. The Police Administration is aware that the district does not have the full complement of its staffing position. This has been due to the lack of adequate residential accommodation facility in the district.
Madam Speaker, accommodation for the New Abirem Police Station is not one of the 38 ongoing building projects budgeted for completion in the 2010 Budget. It is an entirely new project that has to be proposed and approved by a budgetary allocation of funds. The Police Administration intends to include the New Abirem Police residential accommodation in its 2011 budgetary proposals and hopes that both Government and Parliament will approve and allocate resources for its completion.
Madam Speaker, as an interim measure, the Police Administration is making contacts with the chiefs and elders of the area to identify potential landlords for rental accommodation to start negotia- tions leading to the renting of some residential accommodation to enable the Police Administration beef up its personnel strength in the district.
Ms Dappah 11:55 a.m.
Madam Speaker, the Hon
Minister stated that there are 18 policemen and women in New Abirem. The fact is that there are 10 of them. I have been in contact with the police commander. There are 10 of them, which is far below the required number.
Secondly, the Hon Minister is saying that he is making contacts with the chiefs and elders of the area to identify potential landlords for rental accommodation. Has this been made, or he is in the process and if he is in the process, then what measures have been taken? I would like to know.
Mr Amidu 11:55 a.m.
Madam Speaker, the Police Administration has made contacts with chiefs and landlords in the area. At the time the Question was answered, they were in the process but they have indeed, made contacts with chiefs in the area.
As to the first Question she asked, Madam Speaker, my information is that there are 18 police personnel in the area with one Assistant Superintendent of Police.
Thank you, Madam Speaker.
Ms Dappah 11:55 a.m.
Madam Speaker, my last
question. Has money been provided for these rental purposes and if so, how would I get the information?
Mr Amidu 11:55 a.m.
Madam Speaker, there is a budgetary allocation for the Police Administration to rent accommodation and if the Hon Member makes contact with us, she will get to know what is the situation on the ground.
Madam Speaker 12:05 p.m.
The next Question stands in the name of Hon George Boakye, Asunafo South.

Security of “Kayayei”

Q. 436. Mr George Boakye asked the

Minister for the Interior what pragmatic steps the Ministry was taking to ensure the security of teenage girls engaged as “kayayei” on the streets of Accra, Kumasi and Takoradi.
Mr Martin Amidu 12:05 p.m.
Madam Speaker, the Ghana Police Service is providing security for the “kayayei” on the streets of Accra, Kumasi and Takoradi through day and night patrols. The patrol teams deploy to the areas of activities of the “kayayei” during the day patrol and visit their sleeping places during the night --
Madam Speaker, the Domestic Violence and Victim Support Unit (DOVVSU) of the Police Service co-ordinates with the Social Welfare Department and some non- governmental organizations (NGOs) in providing social services to the “kayayei”. Together, they address issues bordering on the welfare and security of the “kayayei.”
Madam Speaker, the Community Police Unit has also intensified its educational campaigns and has been distributing police telephone numbers during visits to the “kayayei” in Accra, Kumasi and Takoradi and educating them on the dangers associated with their work
In the long-term, the Ministry of the Interior intends to consult with the Ministry of Women and Children's Affairs to explore the feasibility of providing temporary shelters in the form of dormitories for the “kayayei” to ensure their adequate security.
Mr Boakye 12:05 p.m.
Madam Speaker, the greatest problem facing these “kayayei” is that of sexual abuse with its attendant teenage pregnancy and HIV infection. I want the Hon Minister to tell the House what plans the Ministry has to insulate these young ones from these abuses.
Mr Amidu 12:05 p.m.
Madam Speaker, as I have
already indicated, the plans of the Ministry to insulate these young ones from sexual abuse are the police patrols, the teaming up with the Department of Social Welfare and other non-govern-mental organisations (NGOs) to provide education and making sure that eventually, we put them in proper shelter.
Mr Boakye 12:05 p.m.
Madam Speaker, I want
the Hon Minister to tell the House whether the Ministry has been able to identify where these people are located, especially in the night.
Mr Amidu 12:05 p.m.
Madam Speaker, the
Police Administration knows the location of the “kayayei”, that is why police patrols are in those areas and they visit where they sleep during the night to ensure that anybody who intends to commit crime at least, would be deterred.
Mr Boakye 12:05 p.m.
Madam Speaker, from
the answer given, I know that the Police Administration knows where they are located, that is why they undertake the patrols and that is why I also want the Hon Minister to tell the House where they are located, especially in the night.
Mr Amidu 12:05 p.m.
Madam Speaker, I do not have the definite locations at hand, but even if I had them at hand, I would be very careful to put them in the public domain not to create more security problems for them.
Madam Speaker 12:05 p.m.
The next Question
stands in the name of Hon Kwasi Ameyaw- Cheremeh.
Residential Accommodation (Completion)
Q. 437. Mr Kwasi Ameyaw-Cheremeh
asked the Minister for the Interior when the residential accommodation facility being put up for the police in Sunyani (on the Sunyani-Abesim Road) would be completed.
Mr Martin Amidu 12:05 p.m.
Madam Speaker, the residential accommodation being put up for the police in Sunyani on the Sunyani-Abesim Road is one of the 38 office and residential accommodation projects approved by Government and Parliament, for completion in the 2010 Budget. It is composed of three four- storeyed buildings, each containing eight flats.
The flats in two of the buildings have three bedrooms; the other two blocks are made up of two- bedroom flats. One of the 2 bedroom blocks of flats has been completed, awaiting connection to water and electricity. This is currently in progress and is expected to be ready within a month for use.
The remaining two blocks of three- bedroom flats have been roofed and plastered and are expected to be completed within the second quarter of 2010. The third building is at fourth floor lintel level. Its completion is envisaged around the third quarter of 2010.
Madam Speaker, the Sunyani police project is thus part of the 38 projects for completion in 2010, and it is expected that they will be completed with electricity and water connections within the year.
Mr Ameyaw-Cheremeh 12:05 p.m.
Madam
Speaker, I thank the Hon Minister for his Answer. I seem to be a bit confused about the number of buildings. This is because he said that there are three four-storey buildings, which is a fact. But he goes on to talk about other buildings, which sum up to about four buildings in all. Can he
confirm to me whether there is another building sitting somewhere, which I am not aware of?
Mr Amidu 12:05 p.m.
Madam Speaker, there
are three buildings.
Mr Ameyaw-Cheremeh 12:05 p.m.
Madam
Speaker, the Hon Minister says that work is in progress. I visited the site last Monday and there is no indication that work is progressing; they have abandoned the site for about three weeks now. Can he give me the assurance that work will be completed in a month for use in respect of the one that has been painted awaiting water and electricity connection?
Mr Amidu 12:05 p.m.
Madam Speaker, I am
surprised to hear that work has been abandoned for about three weeks now. Because, as far as I know, work should be ongoing and I wish to assure the Hon Member that the Inspector-General of Police (IGP) is here with me and we will make sure that they go back and complete the work on schedule.
Mr Ameyaw-Cheremeh 12:05 p.m.
I thank the
Hon Minister for the assurance.
Madam Speaker, the third building which is at fourth floor lintel level has seen no work at all for the past one and a half years and yet the Hon Minister says it might be completed within the third quarter of this year, which is by close of September, 2010. I want him to confirm that it will be so completed.
Mr Amidu 12:05 p.m.
Madam Speaker, we
have set our targets, the work is going on in stages and I want to assure the Hon Member that it is our intention that the work should be finished by the third quarter of this year. As I said, the IGP is here and he knows we are making a commitment and we will ensure that we do complete the work.
rose
Madam Speaker 12:15 p.m.
You have finished three questions.
Can we move to the Question of Hon Justice Joe Appia, Ablekuma North?

Use of Crash Helmets

Q. 456. Mr Justice Joe Appiah asked the Minister for the Interior what road safety measures the Ministry would take to ensure that both motorbike riders and the pillion riders use crash helmets when travelling.
Mr Martin Amidu 12:15 p.m.
Madam Speaker, section 16(1) of the Road Traffic Regulations states that --
“a person who rides or is ridden on a motorcycle on a road shall wear a protection crash helmet of a type prescribed by Regulations.”
Sub-section (2) further prescribes a penalty of 100 penalty Units (as amended by Act 761/2008 to 10 penalty units to offending riders). This is a law which the Motor Traffic and Transport Unit (MTTU) enforces in its day-to-day traffic management and control duties across the country. Offenders are arrested and prosecuted when the commission of the offences comes to the notice of the police.
Madam Speaker, there are however, loopholes in the existing law which have to be closed to make the law more effective. For instance, the law has to be revised to compel the compulsory carriage of a spare helmet on all motor cycles for use by pillion riders. In this regard, motorbike dealers could be compelled to include the cost of two protective helmets of the prescribed shape, design and quality in the price of a motorbike. The Ministry
Mr Appiah 12:15 p.m.
Madam Speaker, would the Hon Minister consider a legislation to make it obligatory for the motorbike rider and the pillion rider to use crash helmet when travelling outside the country or when travelling within the country.
Amidu: Madam Speaker, already,
riders and pillion riders are required to wear crash helmet; it is the enforcement that is the problem. As we said, we need to amend the law to make it compulsory for these things to be carried on the motorcycle so that they can be used. So we will do everything to protect the riders and their pillion riders, but we need to amend the law to effect this.
Mr Appiah 12:15 p.m.
Madam Speaker, I am happy the Inspector-General of Police (IGP) is also here. Would the Hon Minister consider it necessary to impose a total ban on the use of motorbikes, that is, a ban on those who do not wear the helmet?I want to know, if they would ban the motorcycle riders who do not wear helmets.
Madam Speaker 12:15 p.m.
Hon Minister,
answer the question? Let us get the Hon Minister to answer the question.
Mr Appiah 12:15 p.m.
What I am saying is that
would the Hon Minister consider banning those who are using the motorbikes without wearing the crash helmet --
Madam Speaker 12:15 p.m.
Hon Member, have
you got the answer to your question?
Mr Appiah 12:15 p.m.
Madam Speaker, I have
not got the answer.
Madam Speaker 12:15 p.m.
Hon Minister,
the Hon Member is asking whether they would be banned.
Mr Amidu 12:15 p.m.
Madam Speaker, we
cannot ban riders from riding motorcycles in view of the existing laws, but they will be arrested and prosecuted for breaking the law if they ride without protective helmet.
Mr Appiah 12:15 p.m.
Madam Speaker, the
question is answered for me.
Thank you.
Mr Joseph Osei-Owusu 12:15 p.m.
Madam
Speaker, the Hon Minister's Answer seems to concede that we have failed as a country, as a people to enforce the law. Would he explain or tell us when the brutal enforcement of the laws that this House passes would be enforced?
Madam Speaker 12:15 p.m.
Hon Minister, he said when would the brutal enforcement start? [Laughter.]
Mr Amidu 12:15 p.m.
Madam Speaker, within
my watch, the Ghana Police Service will act within the confines of the Constitution in enforcing the law, and they are doing that by arresting people who go against the law for not wearing protective helmet. We are trying to increase our reach and to rope in more people. I can assure Madam Speaker, that the law will be enforced but
Madam Speaker 12:15 p.m.
Hon Minister,
thank you very much for attending upon the House to respond to our Questions.
Hon Members, we move to Public
Business. Item 5 - Presentation and First Reading of Bills, Ministry of Local Government and Rural Development?
BILLS - FIRST READING 12:15 p.m.
Madam Speaker 12:15 p.m.
Hon Members, we
move to item 6 - Laying of Papers.
Hon Leader, we have Laying of Papers; Ministry of Local Government and Rural Development?
Mr Avoka 12:15 p.m.
Madam Speaker, I just
wanted to add that giving the urgent nature of the matter, the Committee may be advised to present the Report that will inform us to the need to take this through a certificate of urgency.
Madam Speaker 12:15 p.m.
So are we standing
this down or what?
Mr Kyei-Mensah-Bonsu 12:15 p.m.
Madam
Speaker, I think it lies within the competence of the Committee to consider a report and determine for itself whether
it should be taken under a certificate of urgency or not. It does not lie in the mouth of the Hon Majority Leader to induce the Committee to determine a matter as being of urgent nature. Madam Speaker, that is not acceptable.
Madam Speaker 12:15 p.m.
And has he decided
for the Committee? So we can go on.
PAPERS 12:15 p.m.
Mr Avoka 12:15 p.m.
Madam Speaker, I want
to indicate that items 7 and 8 be deferred for further consultation.
Madam Speaker 12:15 p.m.
Items 7 and 8 deferred. So we move to item 9 -- the continuation of the Plants Bill, 2009.
  • [MR. SECOND DEPUTY SPEAKER IN THE CHAIR.]
    • BILLS - CONSIDERATION STAGE 12:25 p.m.
  • [Continuation of debate from 1st June, 2010]
    • Dr Alhassan 12:25 p.m.
    Mr Speaker, I beg to
    move, clause 99, subclause (10), lines 1 and 2, delete “a reputable researcher” and insert “an accredited research institution” and at end, delete “Administrator” and insert “Body”
    But there is a further amendment to that, that is to replace “Body” with “Division” so that it will be consistent with previous amendments we had made earlier in the Bill.
    Question put and amendment agreed to.
    Dr Alhassan 12:25 p.m.
    Mr Speaker, I beg to move, clause 99, subclause (11), line 2, delete “Administrator” and insert “Body”
    This is to replace “Body” with “Division” for consistency.
    Question put and amendment agreed
    to.
    Clause 99 as amended ordered to stand
    part of the Bill.
    Mr William O. Boafo 12:25 p.m.
    Mr Speaker,
    I am sorry to take you back to clause 99.
    Mr Second Deputy Speaker 12:25 p.m.
    Hon
    Member, please, go on.
    Mr Boafo 12:25 p.m.
    Mr Speaker, clause 99,
    subclause (1), line 4, this is a subclause which deals with what should go into the fertilizer label. There is a provision which requires that the nutrient or nutrients are identified and guaranteed. Mr Speaker, there is no indication as where the identification and guarantee should appear. Whether it should appear in the label or any accompanying instruction to the product.
    There is the need to insert a provision to indicate where the identification of the nutrients should appear. And my suggestion is that we insert after “guarantee” on line 4, “in the label or any accompanying instruction sheet or direction”. So the new rendition would be as follows:
    “(1) A fertilizer label shall not bear a statement that connotes or implies that certain plant nutrients contained in the fertilizer are released slowly over a period of time, unless the nutrient or nutrients are identified and guaranteed in the label or any accompanying instruction sheet or direction as to their slow-release charac- teristics.”
    Mr Second Deputy Speaker 12:25 p.m.
    So, after “guaranteed” insert -- [Pause.]
    Mr Boafo 12:25 p.m.
    “in the label or any
    accompanying instruction sheet or direction”.
    Mr Speaker, I take this lead from what we normally see on the drugs which we buy. Apart from what is on the label, at times there are accompanying sheets or instructions as to its use.
    Mr Second Deputy Speaker 12:25 p.m.
    Can we have the rendition clearly?
    Mr Boafo 12:25 p.m.
    The rendition is “in the label or any accompanying instruction sheet or direction”.
    Mr Second Deputy Speaker 12:25 p.m.
    “Or direction”?
    Mr Boafo 12:25 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 12:25 p.m.
    For the sake of simplicity, can “instruction sheet” consume “direction”?
    Mr Boafo 12:25 p.m.
    Very well, Mr Speaker. “Instruction sheet”.
    Mr Second Deputy Speaker 12:25 p.m.
    So, after “guaranteed” “in the label or . . .” Can it be “on the label” “. . . or any accompany-ing instruction sheet . . .”
    Hon Members, at least, it is quite clear what is being proposed.
    Hon Chairman?
    Dr Alhassan 12:35 p.m.
    Mr Speaker, I am sorry to
    say that I do not accept the amendment that the Hon Member is proposing. The reason for the clause is to ensure that another person is determining and guaranteeing that the nutrient is slow- releasing, not just the label. Even the drugs parallel that he is drawing, if there is a sheet stating the dosage for a particular drug, the doctor's
    opinion is respected, not just what the drug carries.
    So in this particular case, we are saying that, yes, the label is saying that the nutrient is slow-releasing but it has to be established and guaranteed that it is slow- releasing not just by the label but a body that is independent to verify such. That is the intendment of the clause, not just -- the fertilizer is not going to come in and just go onto the market but some other tests have to be carried out.
    Mr Boafo 12:35 p.m.
    Mr Speaker, if that is the rationale behind it, that is the identification or guaranteed by a third party, then it should be reflected in the clause because as it stands now, it is not clear. If the Hon Chairman will read it carefully; if the intention is that the identification and guarantee should be done by a third person, then it must be reflected in the subclause.
    Dr Alhassan 12:35 p.m.
    Yes, the establishment of the Fertilizer Council and other bodies that are to administer that part of the Bill clearly guarantees the fact that some body should be established to carry out this particular activity. It is there, the Fertilizer Council is there and the regulatory aspect of the Bill or division will guarantee that. So I would plead that he abandons the proposal so that we can make progress.
    Mr Boafo 12:35 p.m.
    Mr Speaker, following his intervention, I think if the identification and guarantee are to be done by a third party, then we must insert “identified and guaranteed by a competent authority as to their slow-release of characteristics”. I think the chairman should accept that otherwise, the sentence is not complete.
    Dr Alhassan 12:35 p.m.
    I thought that clause
    Mr Second Deputy Speaker 12:35 p.m.
    With subclause (10) taking care of whatever ambiguity may arise, will that be satisfactory, Hon Boafo?
    Mr Boafo 12:35 p.m.
    Mr Speaker, subclause
    (10) will take care of the situation which is required to be statutorily undertaken by the fertilizer regulatory body, but I am thinking of a situation where the thing is coming from outside and there is the need for it to have been identified and guaranteed before it gets into the hands of the fertilizer regulatory body. That is why we are suggesting an appropriate or competent authority so that if it is done by an outsider, not necessarily the local one, then it is covered.
    Dr Alhassan 12:35 p.m.
    Mr Speaker, even if a laboratory outside determines the slow- release nature of the particular fertilizer, the fertilizer regulatory division in Ghana will still have to agree with the results by cross-checking. That is what it is going to be so that people who are using fertilizer do not get the wrong products onto their fields.
    Mr Boafo 12:35 p.m.
    Mr Speaker, with his explanation, I think I will withdraw the proposal if it is taken care of by subclauses (9) and (10).
    Mr Second Deputy Speaker 12:35 p.m.
    Very well.
    Mr Kyei-Mensah-Bonsu 12:35 p.m.
    Mr

    Speaker, I think, as the Hon Member for Akropong has admitted, the combined effect of subclauses (9) and (10) take care of his reservations.

    But Mr Speaker, to further improve the construction in clause 99 (1), I do not think we need in line 3 the words “nutrients or” because singular connotes plural and the plural connotes singular. So we may have to delete “nutrient or” and then the rendition would read:

    “The fertilizer label shall not bear a statement that connotes or implies that certain plant nutrients contained in the fertilizer are released slowly over a period of time unless the nutrients are identified and guaranteed as to their slow- release characteristics.”
    Dr Alhassan 12:35 p.m.
    Mr Speaker, I accept that one. It is a better rendition.
    Mr Boafo 12:35 p.m.
    Mr Speaker, this is not an amendment but it is just to draw the Chairman's attention to the expression used in subclause (2), line 3, that is, “reference soluble product”. The term “slower-release shall be used to describe fertilizer products that release or convert to a plant available form their plant nutrients at a slower rate relative to a reference soluble product”.
    Mr Speaker, if you look through the Interpretation section on Part III, there is no definition of what is meant by “reference soluble product”. It appears to be a technical term and it has to be defined.
    Dr Alhassan 12:35 p.m.
    We will draw the attention of the drafters to that.
    Clause 100 ordered to stand part of the Bill.
    Clause 101 - The functions of the Council.
    Dr Alhassan 12:45 p.m.
    Mr Speaker, I beg to
    move, clause 101, paragraph (a), line 1, delete “advise the Minister on” add insert “formulate”
    This is going to run through the entire clause 101 because it was set up as an Advisory Council in the original draft to advise the Minister but the Committee upon deliberation thought that the Council be upgraded into a decision-making Council since the Minister is in the chair. So the actions are definitely to be taken by the Council, that is why the proposal has been made.
    Mr Abdul-Rashid Pelpuo 12:45 p.m.
    Mr
    Speaker, I am not too comfortable about that function of formulating policy by the Council. Even though it is now given the mandate to make decisions, formulation of policy is the preserve of the Executive, the Minister and not a council. So we might have to find a way of couching it but not to give them that executive mandate of formulating policy. I am just wondering whether the “advice” could not be the appropriate word still. “Advice” means they formulate the policies, they present them to the Minister and then they ask him to approve them. And that is simply the meaning of “advice”.
    Dr Alhassan 12:45 p.m.
    Mr Speaker, maybe, we would have to remind ourselves that we are dealing with this Bill in relation to international best practice and what pertains in international circles. That is what even informed the idea of raising the Council from being an advisory one to an executive one, chaired by the Minister who is in-charge of the executive policy in the Ministry of Food and Agriculture.
    The other issue is that, policy formulation does not take anything from the Executive because the Executive puts the Council in place and the Executive is chairing the Council. So there is nothing really to be afraid of in this matter.
    Mr P. C. Appiah-Ofori 12:45 p.m.
    Mr Speaker,
    at the Committee level, we decided that we did not want agriculture to be politicised. We do not want the Minister - either New Patriotic Party (NPP) Minister or National Democratic Congress (NDC) Minister -- to take certain decisions which would turn out to be inimical to national interest and so we decided that such function should go into the hands of the Council to avoid politicisation of the whole thing. So please, we should allow it to stand in the interest of the country.
    Mr Joseph Y. Chireh 12:45 p.m.
    Mr Speaker,
    while agreeing with the Chairman on the amendment he proposed, it has also to be said that councils or boards really also help in the formulation of policies. Now, the argument that he should not advise the one who is chairing, unfortunately, is not one that can be sustained because we have agencies or boards with Ministers or people chairing them and yet they are to advise the one same. So the person who is chairing now has two capacities.
    The Minister as Minister, when he is advised, he may be chairing. But if he thinks it should be the Council, as he is saying, whatever we do, we would still have politicisation in the sense that the Minister or the President is the one to appoint a Chairman for the Council. The person will be political, but once it is a committee, let us endow them with the idea of formulating policy rather than only advising the President.
    The a rgument tha t boards o r
    corporations should leave the policy issues to the Ministries is not clearly something that we can divide because it is the boards or councils that must decide on specifically what policy they should advise on. Implementation is with the management of the institution and the executive functions. So I think that they still have a role in the formulation of policy and therefore, the amendment of the Chairman should be supported.
    Mr Kyei-Mensah-Bonsu 12:45 p.m.
    Mr
    Speaker, while I see or can discern some wisdom in the amendment being proffered by the Chairman, I believe that we should be a bit careful because it is the Minister who has ultimate responsibility for the Act. He is in-charge of formulating policies; otherwise, we would not say that if the Minister issues any directive on matters of policy to the Council or Board, they shall comply. We would not say that. It is the Minister in-charge who has ultimate responsibility and I do not see that it derogates from the functions of the Council if we maintain what is here. What is here provides: “The functions of the Council are to advise the Minister on policies”.
    How do they advise the Minister on policies if they are not clear in their minds about policy direction? But it will feed into the overall policy which would be fashioned, perhaps, not even by the Minister but by the establishment that the Minister represents, in this case, the party, the Government that the Minister is coming from. And so, I believe what is here; if we leave it as it is, it would be better rather than saying that they should formulate the policy. The ultimate formulation of the policy should lie with the Minister.
    In any event, Mr Speaker, if we go back to clause 18 -- Establishment of the Plant Protection Advisory Council - it advises on policies and I think, sequel to
    Mr Kyei-Mensah-Bonsu 12:45 p.m.


    that, the functions of the Council - clause 23, Mr Speaker, the distinction is made. So I believe if we restrict ourselves to the current formulation in the Bill, we would save ourselves from, maybe, entering into some slippery ground.

    So Mr Speaker, I would advise that we allow for the current formulation to stand so that the Minister then wields the ultimate responsibility for the policy direction.

    I believe that, as we have been told, we should try to insulate this from partisanship, but when the Minister is administering from the Ministry, he is not required to be partisan. Mr Speaker, he is supposed to do what is best in the interest of this country. So I believe we should leave it as it is.
    Dr Alhassan 12:55 p.m.
    Mr Speaker, perhaps, I may add that the entire Ministry including the Minister and his Deputies took part in the deliberations that we had. In fact, they were of the opinion that this amendment was adequate.
    The other issue is that, this is a particular industry that is driven by a lot of private capital. And a lot of the time, people are a bit hesitant when the policy direction is seen to be driven by particular individuals or persons. That is why we thought that the Council should be given some teeth to advise actively. Mr Speaker, I may just add that we should take a very close look at what the Council is formulating policies on or for -- “development of fertilizer manufacture, inspection, sampling, analysis and marketing”.
    It does not really have a telling effect on what the Hon Minister ultimately should be responsible for. They are basically, if you like, administrative instruments that
    the Council should be formulating, just to enrich the proper function of the industry. It is not to take the Minister's powers from him. The Council cannot advise outside of the larger, shall I say, policy direction of the entire Ministry led by the Minister. Mr Speaker, there is nothing particularly harmful about this amendment.
    Mr Second Deputy Speaker 12:55 p.m.
    And it would appear that the Hon Chairman of the Committee is gently advising this House to be mindful of the fact that donor-driven private sector participation in this particular area demands a certain amount of circumspection and political detachment. And from what the Hon Chairman is saying, we may want to be guided accordingly.
    Yes, Hon Deputy Majority Leader?
    Mr Pelpuo 12:55 p.m.
    Mr Speaker, I just want
    to tease our minds on two issues.
    One, if the Council formulates a policy that results in fertilizer being brought into this country or manufactured in this country, which turns out to be poisonous to society, and rather than promoting the growth of plants and killing plants and creating problems for everybody, who takes responsibility? Is it the Minister through the Government or the Council? And who is the Council to explain to, that:
    “We made this policy, but we are sorry about it and we will take ultimate responsibility for it”.
    Second, if the Council sits at a council
    meeting, chaired by the Minister, and finally, formulates a policy, which is disagreed to by the Minister, but they force it on him because of the majority who said, yes to it, in the end, if the policy stands, who implements it? Would the Minister desirously implement it or will he decide that:
    “Well, this is not what I want, but it is forced on me so they should do what they want. I am not going to provide money for it”.
    Dr Alhassan 12:55 p.m.
    Mr Speaker, I am not persuaded by the Hon Deputy Majority Leader's submission. Indeed, I think that Ministers are held accountable for failings in the implementation of policies. That is what they are directly accountable for. The policy itself and its development are certainly done at the institutional level. I have never been a Minister, so I may be wrong. But so far, my experience is that people are held for their actions in implementing policies that they may not have even contributed in developing. So, I think implementation is certainly the preserve of the Minister, but developing the policy is his --
    Mr Second Deputy Speaker 12:55 p.m.
    Hon Member, it is quite clear from our Constitution and other laws that Ministers are responsible for formulation of policies; that one is clear. So, shall we move from there?
    Dr Alhassan 12:55 p.m.
    Yes. Mr Speaker, let us
    note, the Minister is chairing this Council and so whatever information that he has to -- Whatever inputs that he needs to make to get the policy out, it cannot come out without his inputs. So, I really do not see what distances him completely from a Council that he is chairing, formulating a policy for implementation --
    Mr Second Deputy Speaker 12:55 p.m.
    Yes, Hon Member? [Pause] -- I thought you wanted to make a contribution? You caught my eye.
    But well, Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 12:55 p.m.
    Mr Speaker, I am happy that you have drawn
    the attention of the Chairman to the fact that the statement he made is incorrect. Ministers are primarily responsible for shaping policies; they are. Mr Speaker, with respect, what does the Chairman think of this document? It is a new policy outline, fashioned by the Minister responsible for Food and Agriculture. It is a new policy. Who is formulating it? Is it the Council?
    Mr Speaker, the Chairman has got it totally wrong. I am happy that he says that he does not have the experience in that, so he may be wrong. He is totally wrong. Mr Speaker, as I said, I do not see anything wrong with the rendition as provided by clause 101 (a) -- advising the Minister on policies. They will help to shape the policies, but the ultimate responsibility rests with the Minister; it is as simple as that. So let us restrict ourselves to what is here. It does not derogate from the intendment at all and we will be home and dry.
    Mr Second Deputy Speaker 12:55 p.m.
    Hon Chairman, if you may be persuaded, then that will take away (lix) (lx) (lxi).
    Mr Avoka 12:55 p.m.
    Mr Speaker, I just want to submit that in practice and within the confines of our Constitution, councils advise the Executive, the Minister, and not the other way round. Mr Speaker, I am saying this against the backdrop of article 200 that establishes the Ghana Police Service. And if you look at article 203, it talks about the functions of the Police Council. It says and with your permission, I quote:
    “The Police Council shall advise the President on matters of policy relating to internal security, …”
    So the Council advises the President. If you look at the Prisons Service Council too, under article 208 of the Constitution, it says and with your permission, I quote:

    “The Prisons Service Council shall advise the President …”

    So like the Hon Minority Leader is saying and he observed earlier, Councils are not meant to be Executive. They are supposed to be knowledgeable people -
    Mr Second Deputy Speaker 12:55 p.m.
    Or to
    be formulators themselves.
    Mr Avoka 12:55 p.m.
    Mr Speaker, exactly; and to inform and advise the Minister on matters of policy. And the Minister would take the decision and the agency would do the implementation. I think that we should let this matter rest as such.
    Mr Second Deputy Speaker 12:55 p.m.
    Hon Chairman, in view of this, the consensus is actually building up now. I think the consensus has built up enough for the Hon Chairman to take note of the fact that all these other councils invariably advise Ministers. So, can we look at (lix), (lx) and (lxi) and advise ourselves? [Pause.]
    Dr Alhassan 1:05 p.m.
    Mr Speaker, I think the tide is very overwhelming, but just a last point to make. In all the quotations that had been made, the President does not chair any of those councils.
    The President appoints somebody else to chair. In this particular case, the Hon Minister responsible for policy is chairing that Council. If after this explanation, Hon Members are not convinced, I will humbly withdraw the amendments.
    Thank you.
    Mr Second Deputy Speaker 1:05 p.m.
    Hon
    Members, the further amendments listed (l ix) (lx), (lxi) are withdrawn. There is a further amendment to clause 101 (l xii.)
    Dr Alhassan 1:05 p.m.
    Mr Speaker, I think
    you must be using your Order Paper for yesterday so it is a bit confusing.
    Mr Second Deputy Speaker 1:05 p.m.
    Very
    well. A further amendment to clause 101? [Pause.] That ends the amendment with regard to clause 101. Very well, then I will put the Question on the entire clause 101.
    Mr Charles S. Hodogbey 1:05 p.m.
    Mr
    Speaker, while dealing with clause 101, there is an amendment that does not relate to an advisory position. That is clause 101, paragraph (f), (vii) on the Order Paper. I am referring to the amendment for clause 101, paragraph (f) on the Order Paper, (vii). I think that amendment still stands.
    Mr Second Deputy Speaker 1:05 p.m.
    Very
    well. Hon Member, we shall come to that. There is another amendment to clause 101 listed (vi) in the name of the Chairman of the Committee.
    Dr Alhassan 1:05 p.m.
    Mr Speaker, I beg to
    move, clause 101, paragraph (f), at end, add “of fertilizer”.
    So that the rendition will be --
    “recommend to the Minister, fees for the registration and testing of fertilizer.”
    Mr Boafo 1:05 p.m.
    Mr Speaker, there are
    certain provisions under clause 101 which do not touch on policies and which --
    Mr Second Deputy Speaker 1:05 p.m.
    Such as
    what we are just doing?
    Mr Boafo 1:05 p.m.
    Mr Speaker, if we are
    Mr Second Deputy Speaker 1:05 p.m.
    So, Hon
    Boafo, you are speaking on (v)?
    Mr Boafo 1:05 p.m.
    Mr Speaker, I am speaking
    of (c) first. It does not touch on policies for us to abandon that proposed amendment.
    Mr Second Deputy Speaker 1:05 p.m.
    Hon
    Chairman of the Committee, what Hon Boafo is saying under the proposed amendment listed (v), clause 101, paragraph (c), line 1 -- recommend to the Minister.
    Dr Alhassan 1:05 p.m.
    Mr Speaker, I think the
    heat of the clause 101 (a) is what made us ignore the others, so I think that that reminder is good and we should re-instate the amendments since they do not have to do with policy. So, I so submit.
    Mr Boafo 1:05 p.m.
    Mr Speaker, if we move to the amendment for clause 101 (d) -- [Interruption.]
    Mr Kyei-Mensah-Bonsu 1:05 p.m.
    Mr Speaker, I believe you are putting the Question on (c) first?
    Mr Second Deputy Speaker 1:05 p.m.
    Yes, on
    (c) first. That is “delete ‘recommend to the Minister…' I hope you are with me? Yes, very well.
    Question put and amendment agreed
    to.
    Mr Boafo 1:05 p.m.
    Mr Speaker, I was also referring to (d) for the Chairman of the Committee to move that proposal.
    Mr Second Deputy Speaker 1:05 p.m.
    So that
    “recommend to the Minister…”, we deal with that accordingly.
    Dr Alhassan 1:05 p.m.
    Mr Speaker, I beg to
    move, clause 101, paragraph (d), line 1, delete “recommend to the Minister prescribed” and Insert “prescribe”.
    Mr Boafo 1:05 p.m.
    Mr Speaker, since clause 101 (c) deals with developing procedures for registration, I think we have also to consider the deletion of the reference to procedures and procedures for the registration in (d).
    Dr Alhassan 1:05 p.m.
    Mr Speaker, I am
    tempted to agree with Hon W. O. Boafo. So the rendition will be: “… to prescribe standards for fertilizers”.
    Question put and amendment agreed to.
    Dr Alhassan 1:05 p.m.
    Mr. Speaker, I beg to move, clause 101, paragraph (f), at end, add “of fertilizer”.
    So the rendition will be --
    “recommend to the Minister fees for the registration and testing of fertilizer.”
    Mr Joseph Y. Chireh 1:05 p.m.
    Mr Speaker, we
    just finished with (d) but there is no (e) --
    Mr Second Deputy Speaker 1:05 p.m.
    Hon
    Member, can we finish with what is there, then we can come -
    Mr Chireh 1:05 p.m.
    Mr Speaker, no, because

    of the sequence. Unless we say that it is consequential. We also have “recommend to the Minister for publication”.
    Mr Second Deputy Speaker 1:05 p.m.
    Just let
    us finish with the construction of fertilizer and then we can look at this.
    Mr Chireh 1:15 p.m.
    Mr Speaker, the way you
    always put the Question, there is a problem about it. They are specific subclauses that we are dealing with. So your ruling should be that we have agreed with this subclause. At the end of this then the whole clause -- But when you say the whole clause, it means that when you put the Question, we cannot make any further amendments. So that is the procedure.
    But I am saying that if you look at (d), we are removing “recommend to the Minister”. If you look at (e), there is one there; are we saying it is consequential and therefore, we put the words “publish annually” or we should still leave it as it is? Subclause (e).
    Dr Alhassan 1:15 p.m.
    No amendment has been proposed for subclause (e). The Council is to recommend to the Minister for publication annually. The Council cannot publish it; the Council cannot do the publication. It is to recommend to the Minister to publish.
    Mr Chireh 1:15 p.m.
    Mr Speaker, the reason
    for removing the “recommendation to the Minister” was explained earlier. It is because the Minister is chairing this Council, and therefore, in line with what my Friend was saying, if the Council cannot publish annually, but has to recommend to the Minister, I do not know -- If we think that “recommend to the Minister” is not correct because the

    Minister himself is chairing the Council -- and I supported that argument -- then in the (d), we are saying that they should prescribe, the Council should prescribe.

    In the same manner, it should be “the Council should publish annually” and not to “recommend to the Minister” again. Because the whole idea was that the Chairman for this Council is the Minister. So when he has chaired and agreed on a list that should be published annually, why should it be recommended to him? He is adding some unnecessary bureaucratic procedure. It should just be that “the Council should publish annually”.

    So consequentially, wherever we have “the Council” and “advising the Minister”, I do not know why the Minister should be advised on how to publish -- Can he tell which one should not be published? It is the same Council -- so I think that the Council, after they have agreed, should publish.
    Dr Alhassan 1:15 p.m.
    I think in considering the individual subclauses, the activity is important and that is why in certain cases, it is recommended to the Minister and in other cases, the Council embarks on the activity by itself. So in this particular instance, the (e) and (f), we thought that the Council should be limited to recommending those activities to be carried out by the Minister. That is why removal of the “recommend to the Minister” cannot be consequential across board.
    Mr Second Deputy Speaker 1:15 p.m.
    Shall we proceed then?
    Mr Chireh 1:15 p.m.
    I agree with him.
    Mr Second Deputy Speaker 1:15 p.m.
    Clause 101 -- I think that is the final amendment under that clause.
    Yes, Chairman of the Committee?
    Question put and amendment agreed to.
    Dr Alhassan 1:15 p.m.
    Mr Speaker, I beg to move, clause 101, paragraph (g), line 1, delete “recommend to the Minister” and insert “establish”.
    Mr Avoka 1:15 p.m.
    Mr Speaker, I am wondering whether “establish” is the appropriate word to use in the circumstances. We are talking about establishing procedures for accreditation. I thought “prescribe procedures for accreditation” will be more appropriate than “establishing pro-cedures for accreditation”. I stand to correction. The Chairman should relook at it.
    Mr Second Deputy Speaker 1:15 p.m.
    The idea is agreed upon but instead of “establish” use “prescribe”.
    Dr Alhassan 1:15 p.m.
    I agree with my Hon Majority Leader.
    Question put and amendment agreed to.
    Clause 101 as variously amended ordered to stand part of the Bill.
    Clause 102 -- Composition of the Council.
    Mr Boafo 1:15 p.m.
    Mr Speaker, I beg to move, clause 102, paragraph (f) the first letters, the ‘n' and ‘f' should be in capital letters.
    Mr Chireh 1:15 p.m.
    Mr Speaker, I do not agree with him because there is no Association called National Farmers Association. Now, if he wants us to be specific and -- We know that there is a farmers group, those who have won national awards, they have formed themselves into some association but this one, it is because it is not a specific farmers group that is why it cannot be in capital letters.
    Now, it will give the Ministry the
    opportunity to look at the most relevant farmers association and include them as members of this Board. So I do not think that it requires the use of capital letters. If we were saying, for instance, that the Council of award winners or farmers group --
    If we have a farmers association, if it is specific, that is where we will use it, if it is the Ghana National Teachers Association (GNAT) or the Ghana Bar Association (GBA), we will have to use the capitals. But this is just general and it will now depend on the Minister to look at the most relevant association and invite their members to be part. So I do not think his amendment should be accepted and I beg him to accept that he has withdrawn.
    Mr Second Deputy Speaker 1:15 p.m.
    And if that is so, shall we be looking at this in terms of one representative of “a” national farmers association. The moment we say “the”, problem arises. Which is that “the” national farmers association? It will be awkward, apparently. One representative of “a” national farmers association; then perhaps, there will be the discretion of the selecting person, body or authority to decide on the most appropriate national farmers association as the Hon Minister is suggesting.
    So, Chairman of the Committee, if you may help us in that direction.
    Dr Alhassan 1:15 p.m.
    Mr Speaker, I think your suggestion of replacing “the” with “a” and leaving the rendition as it is will be appropriate. So -- I will appeal to Hon Boafo to step down his proposed amendment and we make progress.
    Mr. Second Deputy Speaker 1:15 p.m.
    So that it should be one representative of “a” national farmers association so that one can decide which one because apparently there is no one -- “the” national farmers association in Ghana.
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr Speaker, I entirely agree with your direction that once we use the definite article “the”, it is suggestive that we are referring to a particular farmers' association, but we are not. We do not have a supreme national farmers' association, the various associations relate to the various crops. We may have cocoa farmers' association, rice farmers' association and so on. So I agree with the direction that you are proffering, either we write “one representative of a national farmers' association” or “one representative of national farmers' associations”.
    Mr Second Deputy Speaker 1:25 p.m.
    One representative of national farmers'-- apostrophe after the “s” -- associations. Hon Chairman of the Committee, there is a further suggestion in that same direction.
    Dr Alhassan 1:25 p.m.
    I thought that the previous rendition was to give the Minister an opportunity to look for -- I know they usually operate in federations, so the person would be taken from the federation of the association. So if we add an “s” to the “association”, that will mean that the person has to be chosen from a particular association. But if we leave it this way, then the federation can be considered in getting the representative but I am not particularly -- but I thought a national farmers' association should be -- [Interruption.]
    rose
    Mr Second Deputy Speaker 1:25 p.m.
    Yes, Hon Majority Leader?
    Mr Avoka 1:25 p.m.
    Mr Speaker, I think that it is one of drafting; not substance or policy. So let us leave that to the draftspersons

    because, at the end of the day, this law would be drafted by them. They would use the appropriate terms or terminology rather than split heads over it when it is not, policy or substance.
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr Speaker, with respect, I beg to differ. If we can graft it here, why not? Mr Speaker, you remember that, we now have a problem with the Procurement Act because of just this problem. We left it with the drafters and now we find ourselves in a problem regarding the Procurement Act. So if we can do it here, we better do it. I believe we are on course by what you suggested that it should be “one representative of national farmers' associations”.
    Mr Speaker, the preceding subclause
    (e) provides “one representative of fertilizer manufacturers and importers”; and I think, following from that, if we have the construction as we have alluded to, I believe we will be home and dry on that. So we are not in difficulty at all. In order to go with the proposal by the Hon Majority Leader, that we should leave it with the drafters, we can do it and I think we have done it.
    Mr Second Deputy Speaker 1:25 p.m.
    So clause 102 (f) should be “one representative of national farmers' associations”.
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    As simple as that, Mr Speaker.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr Speaker, with respect, if we can look at clause 102 (g).
    Mr Second Deputy Speaker 1:25 p.m.
    102 (g)?
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr Speaker, I beg to move, clause 102 (g), after “or” delete “the” and insert “a”.
    Mr Second Deputy Speaker 1:25 p.m.
    Yes, to be gender neutral, “a representative”. It reads as follows:
    “. . . the Executive Director, Environmental Protection Agency or a representative not below the rank of director”.
    That is the proposal.
    Dr Alhassan 1:25 p.m.
    And I believe the director must be capital “D”.
    Mr Chireh 1:25 p.m.
    Mr. Speaker, I agree with the rendition that he is proposing so that we make it “a” -- “a representative not below the rank of Director”. This director he is talking about is a position; it is not a name, it is not a title that has to be capitalized. In grammar -- and he is a grammarian, he would have seen that, this is just a rank in that office and we have different directors with different ranks. But this one, he must be a director, so it cannot be capital “d”. We should just go with what he has recommended that it should be “a”.
    Dr Alhassan 1:25 p.m.
    Mr Speaker, I am not a grammarian, so -- [Laughter] -- a capital “D” or small “d” is director, so I am tempted to agree with the grammarians.
    Mr Second Deputy Speaker 1:25 p.m.
    Hon Chairman of the Committee, you may want to consider that there is a title, it is well established and known in our Ministries and Departments; it starts with capital “D”. So, perhaps, you may want to look at what is there --
    Dr Alhassan 1:25 p.m.
    Now that I have the Hon
    Mr Second Deputy Speaker 1:25 p.m.
    Do not count too much on the Speaker's support -- [Laughter] -- he has no “Ayes” nor “Noes” in this matter.
    Shall we proceed?
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr.
    Speaker, I just noticed that if we went up to clause 102 (d), I think we would notice the same formulation. So we will look at consequential application -- [Inter- ruption] -- and then even 102 (a), it should read as follows: “ the Minister or a representative of the Minister”; not “the representative of the Minister”.
    Mr Second Deputy Speaker 1:25 p.m.
    So
    where “the representative” occurs in (a), (d), (f) and (g), it should be “a representative”?
    Question put and amendment agreed to.
    rose
    Mr Second Deputy Speaker 1:25 p.m.
    Yes,
    Hon Member, at this stage, we ought to be very careful.
    Mr Humado 1:25 p.m.
    I am sorry to draw you back. I just noticed that clause 102 (2) -- Mr Speaker, it reads:
    “The members of the Council shall be appointed by President in accordance with article 70 of the Constitution.”
    Mr Second Deputy Speaker 1:25 p.m.
    The amendment is that
    “The members of the Council shall be appointed by the President” and not “by President”.
    Dr Alhassan 1:35 p.m.
    Mr Speaker, I beg to move, clause 103, subclause (6), paragraph (a), delete “or 25 (2)” .
    Question put and amendment agreed
    to.
    Mr Boafo 1:35 p.m.
    Mr Speaker, I beg to move,
    clause 103, subclause (6), paragraph (a), delete and insert “(2), (3) or 105 (2)”.
    Mr Speaker, the clause deals with
    situations under which a vacancy occurs and one of them is left out; that is clause 105 (2). The proposed amendment is seeking to insert 105 (2).
    Mr Speaker, with your permission, I read my amendment.
    “Where there is a vacancy (a) under subsections 2, 3 or section 105 (2)” -- [Pause.] Section 105(2).
    Mr Second Deputy Speaker 1:35 p.m.
    Can you please, go over that again? 103(6)(a), is that correct?
    Mr Boafo 1:35 p.m.
    Mr Speaker, clause 103 (6) (a), add “or section 105(2)”.
    Mr Second Deputy Speaker 1:35 p.m.
    Hon Boafo, have you finished?
    Mr Boafo 1:35 p.m.
    Mr Speaker, the reason I am departing from the proposal I made is that, under the proposal by the Chairman, subsections (2) and (3) are not affected. My proposal is only seeking to add section 105 to clause 103 (6) (a) where a vacancy

    occurred as a result of failure of a member to disclose his interest.
    Mr Second Deputy Speaker 1:35 p.m.
    Hon
    Boafo, so this is not affecting what is existing at the moment? It is to add to it? Where would you want us to insert the additions to make it clear, if I am with you?
    Mr Boafo 1:35 p.m.
    Mr Speaker, the existing one has already been affected by a proposed amendment by the Chairman; by the deletion of section 25 (2) which has been passed. My proposal is seeking to add section “or 105 (2)” to his existing formulation.
    Dr Alhassan 1:35 p.m.
    Yes, Mr Speaker, I
    think it is appropriate and I accept the amendment.
    Mr Second Deputy Speaker 1:35 p.m.
    Thank
    you very much, Hon Chairman.
    Mr Chireh 1:35 p.m.
    Mr Speaker, what really is
    confusing me is that, what the Chairman did was to delete section 25 (2). Section 25 (2) has nothing to do with the replacement or the removal. It is rather clause 105 (2), which is what he moved. So when you delete section 25 (2), you should insert it clause 105, which has a place for when somebody ceases to be a member of the Board. So he is perfectly correct and that is what I just wanted to explain. If you look at section 25 --
    Mr Second Deputy Speaker 1:35 p.m.
    So you are in support of the amendment?
    Mr Chireh 1:35 p.m.
    Yes, the amendment is fully supported and we should all vote for it.
    Question put and amendment agreed
    to.
    Clause 103 as amended ordered to stand part of the Bill.
    Mr Kyei-Mensah-Bonsu 1:35 p.m.
    Mr
    Speaker, now that we accept this as very
    irrelevant, I just wanted us to go back to clause 57 because a similar provision exists there and I wanted us to be very consistent in what we are doing.
    Fortunately, my attention has been drawn to it that I even proposed the amendment and that it was agreed to; so I think that we are on course. Otherwise, we may not be consistent in what we are doing. Fortunately, we have done the same thing there, so it is important that we repeat it here.
    Mr Second Deputy Speaker 1:35 p.m.
    So it is
    a House that is not divided against itself? Very well.
    Clause 104 -- Meetings of the Council
    Mr Boafo 1:35 p.m.
    Mr Speaker, I beg to move,
    clause 104, subclause (3), line 1, delete “seven” and insert “five”.
    Mr Speaker, the proposed amendment seeks to correct the quorum which has been put down at seven under clause
    104 (3).
    Mr Speaker, if you check on the composi t ion of the Counci l , the membership of the Council is seven and if we require a quorum, I do not think we require all the members to be present. So Mr Speaker, I am proposing that in lieu of seven, we put the figure five, which is an odd number, so if there is a voting, it will be all right.
    Dr Alhassan 1:45 p.m.
    Mr Speaker, I think the Hon Member who just spoke has got his spot on, we should have the quorum reduced to five because we cannot have a quorum of seven for a Council that has seven members.
    Mr Boafo 1:45 p.m.
    Mr Speaker, there is a further amendment. If you read the same clause 104, subclause 3, on the second part, it is talking about the greater number which is required in respect of an important matter. Mr Speaker, I cannot conceive any greater number under the circumstances where we have a seven- member board. So my proposal is to delete all the words after Council.
    Dr Alhassan 1:45 p.m.
    Mr Speaker, that will take out the ambiguity in the greater number. So it is all right and I support the amendment.
    Mr Kyei-Mensah-Bonsu 1:45 p.m.
    Mr
    Speaker, that is acceptable, except, I thought that, if you had five out of seven as the quorate number, the number would be too high. However, I was persuaded by the Hon Member who proffered the amendment that five is odd. However, Mr Speaker, if you look at subclause 5, the person presiding, in event of equality of vote, shall have a casting vote. In which case, I believe, we could do with four instead of five.
    So the quorate number there, I propose, should be four and not five, to the extent that the person presiding, in the event of equality of vote, shall have a casting vote.
    Mr Chireh 1:45 p.m.
    Mr Speaker, that was
    the further amendment I wanted to seek from the Hon Member who moved the amendment. Because four is certainly a bigger number in terms of dividing seven, so four should be the quorum because of what he is saying.
    So I think that if he agrees, there should be a further amendment to say that instead of five, it should be four if he agrees with the Hon Minority Leader and what I am saying, so that we do not have to tamper with the rest deleting any of the things that we have said.
    Mr Boafo 1:45 p.m.
    Very well, Mr Speaker. We will correct it to four and then we will allow the other words to stay, that is where they require a greater number for important matters.
    Mr Second Deputy Speaker 1:45 p.m.
    So now, the proposed amendment will only delete “seven” and insert “four”?
    Mr Boafo 1:45 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 1:45 p.m.
    And
    that ends the proposed amendment?
    Mr Boafo 1:45 p.m.
    Yes, Mr. Speaker.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 1:45 p.m.
    Mr
    Mr Boafo 1:45 p.m.
    Mr Speaker, I said it, that is
    why when you were putting the Question, you said the only thing to be dealt with was the substitution of four for five.
    Mr Second Deputy Speaker 1:45 p.m.
    For the
    avoidance of doubt, delete “seven” insert “four” and that ends the amendment. And that is what has been voted upon.
    Clause 104 as amended ordered to stand part of the Bill.
    Clauses 105 and 106 ordered to stand
    part of the Bill.
    Clause 107 -- Allowances.
    Mr Humado 1:45 p.m.
    Mr Speaker, I am sorry to take you back. Clause 106 (2) that:
    “section 105 applies to members of the sub-committees of the Council.”.
    I am not very clear about the relevance of that section and if the Chairman can explain.
    Dr Alhassan 1:45 p.m.
    Mr Speaker, I did not
    get the question.
    Mr Second Deputy Speaker 1:45 p.m.
    Hon
    Member, if you may kindly indicate your concern?
    Mr Humado 1:45 p.m.
    Mr Speaker, my
    concern is that we have clause 106 (2), which makes reference to section 105 and it states that and with your permission, I quote:
    “Section 105 applies to members of the sub-committees of the Council”
    -- 1:45 p.m.
    Mr Avoka 1:45 p.m.
    Mr Speaker, section 106
    (1) deals with two groups or two types of people -- members of the Council who will form a sub-committee of the Council and non-members of the Council who are co-opted to form a sub-committee to advise the Council on matters. So they are saying that whether you are a member of the Council or a non-member, once you serve on a sub-committee of the Council, then the disclosure of interest is important for the two types of people, the two categories of people.
    So it is in relation to the members of the Council and non-members who are serving as sub-committee members. The disclosure of interest in a particular matter that is pending before them is paramount
    and I think it is a very useful provision.
    Mr Humado 1:45 p.m.
    Mr Speaker, I think I
    will withdraw the question.
    Mr Second Deputy Speaker 1:45 p.m.
    Thank
    you very much, Hon Member.
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker,
    the Hon Majority Leader mentioned a category of membership, that is co-opted members. I think we should take care of them on the issue of disclosure of interest. We have not taken care of them. Members who are drawn in and made committee members even though they may not be original members, may not be described as co-opted members. Persons may be co-opted to sit at the plenary of Council meeting not at committee level because clause 106 (2) provides that: “section 105 applies to members of sub-committees of the Council”.
    So, we may provide for co-opted members so that they will also be captured because co-opted members may not necessarily be committee members. If the Hon Chairman is with me, then we can expand that, Mr Speaker, to say that
    “section 105 applies to members of sub-committees and co-opted members of the Council.”
    Mr Second Deputy Speaker 1:55 p.m.
    Hon
    Chairman of the Committee?
    Dr Alhassan 1:55 p.m.
    Mr Speaker, I think
    I agree entirely with the Hon Minority Leader that the inclusion of co-opted members who will sit at Council, they should take responsibility in matters of disclosure.
    Mr Second Deputy Speaker 1:55 p.m.
    Hon
    Minority Leader, if you may kindly formulate the amendment properly for it to be captured, clause 105.
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker, well, clause 106 uses, instead of “co- opted members”, the word used is “non- members”.
    Mr Second Deputy Speaker 1:55 p.m.
    Clause
    106 (1)?
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Yes.
    It uses the word “non-members” instead of “co-opted members”. So, I may say that we further amend clause 106 (2) to read:
    “Section 105 applies to members of the sub-committees and non- members of the Council.”
    Mr Second Deputy Speaker 1:55 p.m.
    Hon
    Chairman of the Committee, you are agreeable?
    Dr Alhassan 1:55 p.m.
    Yes, I agree with that and
    you may put the Question.
    Question put and amendment agreed
    to.
    Clause 106 as amended ordered to
    stand part of the Bill.
    Clause 107 ordered to stand part of
    the Bill.
    Mr Second Deputy Speaker 1:55 p.m.
    Hon
    Members, having regard to the state of the time and the state of business of the House, I direct that Sitting be held outside the prescribed period. So that even if we are a minute late, we are not out of order.
    May I have any indication from --
    rose
    Mr Second Deputy Speaker 1:55 p.m.
    Yes,
    Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker,
    with respect, I guess we have made a small omission because clause 106 provides for members, non-members and members of sub-committees. Now, the allowance takes care of only members and committee members. We have not provided for non- members who will be invited and assigned responsibilities. What allowance are we giving them? So, I guess we may have to craft something for clause 107 to take care of non-members who may be assigned responsibility by the Council or even the sub-committees.
    Dr Alhassan 1:55 p.m.
    Mr Speaker, I think it
    is presumed that once you are delivering some service as a member of the committee or the Council, you would be looked after just like any other functional member in the Council or sub-committee. So, I do not think that it is necessary to state that in the Bill.
    Mr Second Deputy Speaker 1:55 p.m.
    Hon
    Minority Leader, does that satisfy your query?
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker,
    I did not get him; I was attending to --
    Mr Second Deputy Speaker 1:55 p.m.
    Or if
    you may want to state particularly what you may want us to add then perhaps, his response will be more directional.
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker,
    I proffered some amendment in clause 106 (2). I am not very comfortable with the word “non-members”. I thought “co-opted members” is better. However, because we did not propose any amendment for clause 106 (1), I then said we should take care of “non-members”.
    My preference though is for “co- opted members”. And I am saying that the “Allowances” section -- clause 107 -- seems to take care of only committee members and members of the Council itself. It does not provide for “co-opted members” or “non-members” as we have used. So, I am saying that we should have an arrangement to take care of them.
    But Mr Speaker, let me repeat, that I think the words “co-opted members” is better than “non-members”.
    Mr Second Deputy Speaker 1:55 p.m.
    Very well.
    “Members of the Council and members of a committee of the Council as well as non-members shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance and Economic Planning.”
    Hon Minority Leader, is that what you are intending?
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    That is
    so, Mr Speaker. Except as I said, my preference really is for the words “co- opted members”, not “non-members”.
    Dr Alhassan 1:55 p.m.
    Mr Speaker, actually,
    the issue of non-members arises when a committee is to be formed. A committee can be formed from members of the Council or from non-members. So, if allowances are to be paid to members and committee members, it certainly looks up to the non-members.
    The issue of “non-members” only arises when committees are to be formed. And committees of the Council can be formed from members and non-members. So, if allowances are to be paid to committee members and Council members, it stands
    to reason that it includes “non-members” who will be in committees. So, it does not have to be explicitly stated. I do not know whether -- the issue of “non-members” only arises when the committees to be formed under the Council are looked after because the issue is Council or non- members or both. Clause 106 (1) --
    “The Council may establish committees consisting of members of the Council or non-members or both to perform a function except that a committee consisting of non-members may only advise the Council.”
    If provision is to be made for Council members and committee members, it will include committee members who are members of the Council and who are also non-members of the Council. So that the issue of explicitly stating “non-members” when it comes to allowances -- I do not know whether that convinces the Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 2:05 p.m.
    Mr Speaker, that cannot be right. The Council itself can co-opt members. The Council itself, not the committee and that is what I am talking about. Mr Speaker, if you look at clause 104 (6), it is not talking about committees. Clause 104 (6) provides:
    “The Council may co-opt a person to attend a council meeting but that person shall not vote on a matter for decision at the meeting”.
    The person is not sitting at committee.
    The plenary of the Council, the Council
    itself may perhaps have to depend on the expertise of a person, they invite him to participate in a meeting but he is not entitled to vote. It is for such people that I am saying that they have not provided for them. And you know, clause 106 (6) used the word “co-option”; co-opting members and that is why I am saying that that is better than the use of the word “non-members”. So for consistency, because clause (6) has even used the word, when we come to non-members even at committee levels, we can say “co- opted members at committee levels”, but then we also have to provide for them in clause 107.
    Dr Alhassan 2:05 p.m.
    I agree entirely with the explanation because if “co-opted members” is specifically mentioned in relation to the Council and we have not looked after them in the payment of allowances, then we should say so.
    Mr Second Deputy Speaker 2:05 p.m.
    Hon Chairman of the Committee, will you then agree that line 2, clause 106 (1) --
    “The Council may establish committees consisting of members of the Counci l or co-opted members”.
    And then we add “soon” after “council” in clause 107.
    “Members of the Council and members of a committee of the Council as well as co-opted members shall be paid allowances”.
    Dr Alhassan 2:05 p.m.
    That is all, Mr Speaker.
    Question put and amendment agreed to.
    Dr Alhassan 2:05 p.m.


    Clauses 106 and 107 as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 2:05 p.m.
    Clauses 108 to 110 are merely some deletions. We may quickly go over them.
    Clause 108 -- Ghana Fertilizer Advisory Committee.
    Dr Alhassan 2:05 p.m.
    Mr Speaker, I beg to move, clause 108 delete.
    Mr Speaker, this body was abolished in the amendment process because we thought that if the Fertilizer Council can have co-opted members and committees that can advise them, then there was no point setting up another statutory body to advise the Council. So it had to go. That is the amendment proposed.
    Question put and amendment agreed to.
    Clause 108 deleted from the Bill.
    Mr Boafo 2:05 p.m.
    Mr Speaker, it is past 2 o'clock and I have not heard anything from the Chair.
    Mr Second Deputy Speaker 1:55 p.m.
    Time had been extended already when it was

    Clause 109 -- Meeting of the Committee.
    Dr Alhassan 1:55 p.m.
    Mr Speaker, I beg to move, clause 109, delete.
    Mr Speaker, if the committee does not exist, it cannot meet, so it has to go.
    Question put and amendment agreed to.
    Clause 109 deleted from the Bill.
    Clause 110 -- Disclosure of interest.
    Dr Alhassan 1:55 p.m.
    Mr Speaker, I beg to move, clause 110 delete.
    Mr Speaker, the members are not there so they would not disclose anything.
    Question put and amendment agreed to.
    Clause 110 deleted from the Bill.
    Mr Second Deputy Speaker 1:55 p.m.
    Leadership, I am inclined to have the House adjourned but just in case you have any announcement for us at this stage.
    Mr Avoka 1:55 p.m.
    Mr Speaker it looks like the mood as we have now is that we take an adjournment and then continue tomorrow. It appears there are now caucuses within the Chamber of proceedings. So the mood is in favour of an adjournment. So if you oblige us, we move.
    Mr Second Deputy Speaker 1:55 p.m.
    Leader, I was not actually expecting a motion but I will not adjourn on you. Maybe, you may even have some good news for Members of the House. You never know what Leadership have; so it is always good to have an indication not necessarily for adjournment but just to know what is under your sleeves. But if there is none, then the House --
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker, before you signal for adjournment, I would want to place on record, the marathon runners in this enterprise. The Chairman of the Committee has done well by piloting this Bill thus far but he would know that one person who has been making significant contributions into this Bill is the Hon Member for Akropong. He is not a member of the Committee. Some of us are not members of the Committee and yet we have stood firm with the
    Committee trying to shepherd this Bill. The Chairman of the Committee would take note.
    Mr Avoka 1:55 p.m.
    I associate myself with the observation the Minority Leader has made and to add that the Leaders of the two sides should take note so that next time when we are composing committees, particularly Committee on Food and Agriculture, we will know those who have been interested in those matters but who are not members.
    Thank you.
    Mr Second Deputy Speaker 1:55 p.m.
    And that is the very reason it is always useful to have some indication from Leadership, not necessarily for adjournment but as to other things that can possibly come out of other things. And it is really true we are particularly endeared to the Chairman of the Committee, Hon Boafo and Leadership for the wonderful work that is being done.
    On that note, the House stands adjourned till tomorrow, 10 o'clock in the forenoon.
    Thank you Hon Members.
    ADJOURNMENT 1:55 p.m.
  • The House was adjourned at 2.15 p.m. till Thursday, 3rd June, 2010 at 10.00 a.m.