Debates of 4 Jun 2010

MADAM SPEAKER
PRAYERS 11:10 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:10 a.m.
Madam Speaker 11:10 a.m.
Correction of Votes and Proceedings of Thursday, 3rd June,
2010.
Pages 1 . . . 12 --
Mr Joseph Boahen Aidoo 11:10 a.m.
Madam Speaker, page 12, (viii), line 2, insert the words -- what we have here is “put of the” but it should rather be “part of the”. In other words, we were to insert the word “part” and not “put”. So that the rendition will be “part of the Act”.
Madam Speaker 11:10 a.m.
Thank you. Any more corrections on page 12? --
Pages 13 … 16 -
Prof. (Emeritus) Samuel K. Amoako 11:10 a.m.
Madam Speaker, page 16, item 1, under “Opening”, the date cannot be correct. “The Committee met on Wednesday, 3rd June, 2010 . . .” I think it should either be “Wednesday, 2nd June”, or “Thursday, 3rd June”. I am not a member of that Committee so I do not know which one is the correct date.
Madam Speaker 11:10 a.m.
So what are we correcting?
Prof. (Emeritus) Amoako 11:10 a.m.
Madam Speaker, a member of the Committee tells me it was “Wednesday, 2nd June”.
Madam Speaker 11:10 a.m.
All right, thank you.
Mr Simon E. Asimah 11:10 a.m.
Madam Speaker, page 14, (xii), the name is “Mrs. Catherine Ablekuma Afeku”, but I think it should be “Afeku, Catherine Abelema”.
Madam Speaker 11:10 a.m.
Well, so it is not “Ablekuma”; it is Ableku”?
Mrs Catherine Abelema Afeku 11:10 a.m.
Madam Speaker, my name is actually “Abelema”; Tuesday-born in Nzema is “Abelema”, so it is grammatically wrong.
Thank you.
Madam Speaker 11:10 a.m.
Yes, I am sure you are very grateful for the intervention, Abelema.
Any other corrections?
Dr Owusu A. Akoto 11:20 a.m.
Madam Speaker,
page 15, paragraph 2, (iv), the name is “Dr Owusu Afriyie Akoto”; there is no hyphen between the three names. But I find a hyphen there, so if it could be corrected.
Madam Speaker 11:20 a.m.
All right. So it
should be “Dr Owusu Afriyie Akoto”?
Shall we move to pages 17, 18 -
Mr Gabriel K. Esilfie 11:20 a.m.
Madam
Madam Speaker 11:20 a.m.
Page 19 -
Jonathan Nii Tackie-Kome: Madam
Speaker, page 19, item 3, “In Attendance”, (iv) the name should be “Mr Albert Taylor” but it is written “Mr Albert Tilor”. The “Taylor” is spelt “T-a-y-l-o-r”.
Madam Speaker 11:20 a.m.
All right.
Any more corrections on page 19?
Mr Samuel Ayeh-Paye 11:20 a.m.
Madam
Speaker, page 15, paragraph 2, (vi), my name is “Samuel Ayeh-Paye”. “Aye-Paye” is one name, a compound name and not “Paye-Ayeh”. It is “Ayeh-Paye”.
Mr Joseph. B. Aidoo 11:20 a.m.
Madam Speaker,
on page 19, the first name that appears on that page, that is, “Mr David Oppong- Kusi.” The “Oppon” is spelt without a “g”. So it should be corrected.
Madam Speaker 11:20 a.m.
Page 20 -
Prof (Emeritus) Amoako 11:20 a.m.
Madam
Speaker, I am sorry to take you back to page 5. Yesterday, I pointed out that Hon Kwasi Annoh Ankamah was absent with permission.
It has been repeated today and that can be found at page 5, paragraph 4, number 7. Hon Kwasi Annoh Ankamah was absent with permission, not absent.
Madam Speaker 11:20 a.m.
All right.

Hon Members , the Votes and

Proceedings of Thursday, 3rd June, 2010 as corrected is adopted as the true record of proceedings.

We move to the Official Report of Wednesday, 2nd June, 2010.

Hon Members, in the absence of any correction the Official Report of Wednesday, 2nd June, 2010 is hereby adopted as the true record of proceedings.

Hon Leader, we have Business

Statement for the third week.
BUSINESS OF THE HOUSE 11:20 a.m.
Majority Leader (Mr Cletus A. Avoka) 11:20 a.m.
Madam Speaker, the Committee met yesterday Thursday, 3rd June, 2010 and arranged Business of the House for the Third Week ending Friday, 11th June, 2010.
Madam Speaker, the Committee accordingly submits its Report as follows 11:20 a.m.
Arrangement of Business
Question(s) to Ministers
Madam Speaker, the Committee has programmed the following Ministers to answer Questions asked of them during the week:
No. of Question(s)
i. Minister for Water Resources, Works and Housing 6
ii. Minister for Energy 10
iii. Minister for Information 2
iv. Minister for Health 7
v. Minister for Roads and Highways 10
Total Number of Questions 35
Madam Speaker, in all, five Ministers are expected to attend upon the House to respond to thirty-five (35) Questions during the week. The Questions are of the following types:
i. Oral - 29;
ii. Written - 6.
Statements
Madam Speaker may allow Statements duly admitted to be made in the House.
Bills, Papers, and Reports
Madam Speaker, Bills may be presented to the House for consideration and those already before the House may be taken through the various stages. Papers and committee reports may also be laid.
Motions and Resolutions
Madam Speaker, Motions may
be debated and their consequential Resolutions, if any, taken during the week.
Extended Sittings
Madam Speaker, the Business Committee recommends that, with effect from next week, the House should have extended Sittings whenever necessary. Owing to the brief period of the Meeting, and having regard to the volume of business expected to be undertaken, this arrangement would ensure that the House completes all scheduled business before it goes on recess.
The Business Committee further recommends that committees should seek and receive approval from Madam Speaker before embarking on familiari- sation tours, foreign travels, study visits, or
any activity that would take them outside the House. This is in compliance with Standing Order 190, which requires that such activities be referred to committees by the Speaker. Furthermore, this procedure would enable Hon Members to avail themselves in the House for the discharge of scheduled Business.
Conclusion
Madam Speaker, in accordance with Standing Order 160 (2), the Committee submits to this Honourable House, the Business of each Sitting of the week and the order in which it shall be taken during the week.

Questions --

*327. Mrs Catherine Abelema Afeku (Evalue-Gwira): To ask the Minister for Water Resources, Works and Housing if there is any plan to rehabilitate and/or reconstruct the Axim sea defence wall.

373. Mr Kwabena Amankwa Asiamah (Fanteakwa): To ask the Minister for Water Resources, Works and Housing when the rehabilitation and expansion as well as the provision of a medium capacity treatment plant of the Begoro Water Project will take place, as captured at paragraph 469, page 107 of the 2009 Budget Statement.

374. Mr Joseph Kwaku Nayan (Nkwanta North): To ask the Minister for Water Resources, Works and Housing when the Nkwanta North (Damanko-Kpassa) Water Project will be completed and

inaugurated. *375. Mr Theophilus Tetteh Chaie (Ablekuma Central): To ask the Minister for Water Resources, Works and Housing when the Mataheko portion of the storm drain will be constructed to alleviate the annual flooding of the area.

*376. Mr Theophilus Tetteh Chaie (Ablekuma Central): To ask the Minister for Water Resources, Works and Housing the measures being put in place to ensure that the annual flooding in parts of Abossey Okai spare parts area and Mataheko Takoradi Station area become a thing of the past.

*377. Mr Charles S. Hodogbey (North Tongu): To ask the Minister for Water Resources, Works and Housing what plans the Ministry has to reduce dependence on the use of imported materials in our building and construction industry.

Statements.

Laying of Papers --

(a) Commission on Human Rights and Administrative Justice (Investigations Procedure) Regulations, 2010 (C.I. 67).

(b) Performance Audit Report of the Auditor-General on adminis- tration of the Ghana National Service Scheme.

(c) Performance Audit Report of the Auditor-General on prison accommodation in Ghana.

(d) IT Audit Report of the Auditor- General on the VAT Service TOPAZ accounting system.

(e) Performance Audit Report of the Auditor-General on the pre-paredness of NADMO to manage disaster in Ghana.

(f) Report of the Finance Committee on the Credit A g r e e m e n t b e t w e e n t h e Government of Ghana and the International Development Association (IDA) for an amount of SDR 74.6 million (US$120.0 million equivalent) to finance the proposed Abidjan- Lagos Trade and Transport Facilitation Project (ALTTFP).

(g ) Repor t o f the F inance Committee on the Addendum to the Credit Agreement between the Government of the Republic of Ghana and the Social Security and National Insurance Trust (SSNIT) for an amount of GH¢109,000,000.00 for the payment of contractors under the Ghana Road Fund.

Motions --

Third Reading of Bills --

Plants Bill, 2009

Consideration Stage of Bills --

Mutual Legal Assistance Bill,

2009

Committee Sittings --

Questions --

*463. Mr Masoud Baba Abdul- Rahman (Pru): To ask the Minister for Energy when the following towns in the Pru District will be connected to the national grid: (i)
Madam Speaker, the Committee accordingly submits its Report as follows 11:20 a.m.


Ajarja-Beposo; (ii) Dama Nkwanta; (iii) Abease; (iv) Zabrama; (v) Kamanpa; (vi) Cherembo; (vii) Yapare; (viii) Krobo.

*464. Mr Kwasi Ameyaw- Cheremeh (Sunyani East): To ask the Minister for Energy what measures the Ministry is taking to extend electricity to the following communities in the Sunyani Municipality: (i) Nkrankrom (ii) Kufuor Camp; (iii) Yawsae; (iv) Wawasua; (v) Adedease; (vi) Nsagobesa; (vii) Ohukrom.

*552. Mr Anthony Evans Amoah (Mpohor Wassa East): To ask the Minister for Energy the practical measures being put in place to ensure that both fishermen and oil companies operating in the Western Region maintain cordial relationship for the benefit of the country.

*553. Mr Francis Yaw Osei-Sarfo (Krachi West): To ask the Minister for Energy what plans the Ministry has to extend electric power to Kpatchu, Yaboriae, Jato-Chayo, Motoka and Papaye in the Krachi West District of the Volta Region.

*554. Mr Samuel Ayeh-Paye (Ayensuano): To ask the Minister for Energy when the ongoing electrification projects in the following towns in the Ayensuano Constituency will be completed: (i) Dome-Acheansa; (ii) Yawkoko; (iii) Aboabo; (iv) Amanase; (v) Ntowkrom and (vi) Onakwasi.

*555. Alhaji Dawuda Iddrisu (Karaga): To ask the Minister for Energy what was the total cost of the construction of the street lights on the Accra-Tema Motorway.

*556. Mr Benito Owusu-Bio (Atwima Nwabiagya): To ask the Minister for Energy what is the current state of the several power generating sets which were imported into the country by the previous government during the energy crisis.

*557. Mr Raphael Kofi Ahaligah (Afram Plains South): To ask the Minister for Energy what pragmatic steps the Ministry has put in place for the Volta Lake Transport Company to resume lifting fuel to the North.

*558. Mr Raphael Kofi Ahaligah (Afram Plains South): To ask the Minister for Energy why Tullow Oil plc dropped City Link, the Ghanaian-owned airline company in favour of Noordzee Helicopters Vlaandere (NHV) of Belgium for the transportation of personnel and cargo of the oil company to the offshore Jubilee platform.

*559. Mr Francis Adu-Blay Koffie (Prestea/Huni Valley): To ask the Minister for Energy what measures the Ministry is putting in place to take over the collection of electricity bills in Prestea.

Statements

Laying of Papers --

(a) Report of the Auditor-General on the Information Technology Systems of St. Louis Secondary School, Kumasi.

(b) Report of the Auditor-General on the Audit of the Information Technology Systems of the Ministry of Energy.

(c) Report of the Auditor-General

on the Information Technology System of the Passport Office.

(d) Report of the Auditor-General on the Information Technology Systems of the Ministry of Trade, Industry, Private Sector Development and President's Special Initiatives.

(e) Report of the Auditor-General on the Audit of the Information Technology Systems of the Ghana Statistical Service.

Motions --

(a) Adoption of the Report of the Finance Committee on the Credit Agreement between the Government of Ghana and the International Development Association (IDA) for an amount of SDR74.6 million (US$120.0 million equivalent) to finance the proposed Abidjan - Lagos Trade and Transport Facilitation Project (ALTTFP).

(b) Adoption of the Report of the Finance Committee on the Addendum to the Credit A g r e e m e n t b e t w e e n t h e Government of the Republic of Ghana and the Social Security and National Insurance Trust (SSNIT) for an amount of GH¢109,000,000.00 for the payment of contractors under the Ghana Road Fund.

(c) Adoption of the Report of the Committee on Subsidiary

Legislation on the Public Uti l i t ies (Terminat ion of S e r v i c e ) ( A m e n d m e n t ) Regulations, 2010 (L.I. 1964).

(d) Adoption of the Report of the Committee on Subsidiary Legislation on the Income Tax Rates (Amendment) Regula- tions, 2010 (L.I. 1965).

Committee Sittings.

Questions --

*339. Ms Esther Obeng Dappah (Abirem): To ask the Minister for Information why Ghana Television's reception at Abirem and its environs is so poor and sometimes non- existent and what is being done to remedy the situation.

*533. Ms Gifty Klenam (Lower West Akim): To ask the Minister for Information why Ghana Broadcas t ing Corpora t ion's Television reception in Asamankese and its environs is so poor and what is being done to remedy the situation.

*540. Mr Leo Kabah Alowe (Chiana/Paga): To ask the Minister for Health when the health centres at Chiana, Paga, Mirigu-Kandiga, which are in serious states of disrepair will be rehabilitated and adequately equipped.

*541. Mr Joseph Nikpe Bukari (Saboba): To ask the Minister for Health what plans the Ministry has towards the upgrading of the Assemblies of God Medical Centre at Saboba to a district hospital. *542. Ms Gifty Klenam (Lower West Akim): To ask the Minister
Madam Speaker, the Committee accordingly submits its Report as follows 11:20 a.m.


for Health when the Government will authorise payment of retirement packages for retired Directors of Mutual Health Insurance Schemes.

*543. Mr George Boakye (Asunafo South): To ask the Minister for Health when the Ministry will begin the supply of free treated mosquito nets to all children in Ghana who are under five (5) years of age.

544. Mr Andrews Adjei-Yeboah (Tano South): To ask the Minister for Health when the Bechem District Hospital will be provided with an ambulance.

*545. Mr Benito Owusu-Bio (Atwima Nwabiagya): To ask the Minister for Health when Nwabiagya District will be provided with a befitting district hospital.

*546. Mr Francis Adu-Blay Koffie (Prestea/Huni Valley): To ask the Minister for Health when the Prestea Government Hospital will be upgraded to the status of a government hospital.

Statements.

Motions --

Adoption of the Report from the Members of the Pan-African Parliament (PAP) on the First Ordinary Session of the Second Parliament of the Pan-African Parliament.

Committee Sittings. Friday, 11th June 2010

Questions --

*312. Mr Emmanuel Kwasi Bedzrah (Ho West): To ask the Minister for Roads and Highways when the following roads in the Ho West Constituency will be re- surfaced:

(i) Kpedze-Holuta Boarder;

(ii) Kpedze-Anoe-Kpoeta;

(iii) Dzolokpuita- Bame;

(iv) Abutia Kloe-Juapong.

313. Alhaji Abdul-Karim Iddrisu (Nanton): To ask the Minister for Roads and Highways when the Nanton-Kurugu dam site storm bridge on the way to Nanton, which was washed away during the first rains in January 2009, will be re- constructed.

*314. Mr Kwabena Owusu- Aduomi (Ejisu-Juaben): To ask the Minister for Roads and Highways what policy the Department of Feeder Roads has for clearing road sides of overgrown bush routinely to improve safety of the motoring public especially on paved feeder roads.

315. Alhaji Abudulkarim Iddrisu (Nanton): To ask the Minister for Roads and Highways when the road from Zoggu to Dawelugu which is in a very bad state will be put in good shape or reshaped.

316. Alhaji Abdul-Karim Iddrisu (Nanton): To ask the Minister for Roads and Highways when the road from Nanton to Savelugu which is in a very bad state will be put in
Madam Speaker, the Committee accordingly submits its Report as follows 11:20 a.m.


good shape.

*317. Maj. Derek Yaw Oduro (retd) (Nkoranza North): To ask the Minister for Roads and Highways what plans the Ministry has to tar Nkoranza-Busunya and Busunya- Atebubu roads.

*318. Mr John Duoghr Baloroo (Lambussie): To ask the Minister for Roads and Highways when the Ministry will work on the following roads in the Lambussie Consti- tuency:

(i) Lambussie-Mapaala-Hamile;

(ii) Sina-Dendee;

(iii) Zinmuopave-Busiayaa;

(iv) Gberkuo- Konsi;

(v) Completion of Kanguol- Buli road.

*319. Mr Christopher Addae (Bibiani-Anhwiaso-Bekwai): To ask the Minister for Roads and Highways why the Aboabo bridge project on the Subri-Nkwanta- Aboabo road has been abandoned.

*320. Mr Kwabena Owusu- Aduomi (Ejisu-Juaben): To ask the Minister for Roads and Highways why the ongoing rehabilitation works on Obogu-Ofoase-Gyadem- Bodwesango-Adansi Asokwa road that runs through Asante Akim South, Bosome Freho and Adansi Asokwa Constituencies have been suspended. *321. Mr Kwasi Annoh Ankamah (Atiwa): To ask the Minister for

Roads and Highways when the Ministry would carry out routine road maintenance on the Anyinam- Kwabeng-Abomosu road.

Statements.

Laying of Papers --

Report of the Committee on C o n s t i t u t i o n a l , L e g a l a n d Parliamentary Affairs on the Economic and Organised Crime Bill, 2009.

Motions --

Third Reading of Bills --

Mutual Legal Assistance Bill, 2009.

Committee Sittings.

Madam Speaker, may I respectfully conclude this Business Statement by appealing to Hon Members to also try to be punctual and also try to stay back so that we can do the Business of the House.

Madam Speaker, I had indicated earlier that we were going to have a Committee of the Whole Sitting or the two Caucuses were going to meet this morning at nine o'clock but unfortunately, unpresumably, nature set in as a result of the early morning rain and we could not sit this morning, we could not have the meeting this morning. It is still important for us to have the meeting. So I pray that at the close of today's Sitting, we can still have the caucus meeting in the afternoon.
Madam Speaker 11:20 a.m.
Any comment
before we adopt the Business Statement?
Mr Staephen K. B. Manu 11:30 a.m.
Madam
Mr Staephen K. B. Manu 11:30 a.m.


Speaker, I have listened to the Hon Leader reading out the Business Statement and I think the reason he gave for our not having the caucus meeting this morning, in my opinion, is not tenable, because as a Parliament, if we begin to say that because it rained in the morning, we could not come to hold our meeting --

If civil servants and public servants come out to say that because it rained they could not go to work or they went to work late, knowing very well that the President has said time and again that we should be punctual at work. I think that runs counter and I want to believe that that was a slip of the tongue.
Mr Avoka 11:30 a.m.
Madam Speaker, my Hon
Colleague is beating about the bush and he is playing to the gallery - [Inter-ruptions] - Yes! Yes, he is completely out of order.
Madam Speaker, the caucus meeting was to be at 9.00 o'clock. We do not have our ordinary Business at 9.00 o'clock; we have our scheduled business everyday at 10.00 o'clock. Therefore, if Hon Members are unable to be here at 9.00 o'clock, they have not gone contrary to the Business rules of this House.
We were appealing to Hon Members to come for a caucus meeting and that is different from our scheduled meeting at 10.00 o'clock. It is outside the Business hours. So to suggest that our inability to be here at 9.00 o'clock is untenable because civil servants go to work at 8.00 o'clock -- If it was 10.00 o'clock that we had scheduled the Business and then Hon Members were not here at 10.00 o'clock, and we were giving excuse that it is because of today's rains that they have not been able to come here at 10.00 o'clock, then he has a point. [Inter-ruptions.] He should not play to the gallery and then knock the head of this House against the public of Ghana. He is playing to the
gallery, unnecessarily.
Mr Manu 11:30 a.m.
Madam Speaker, I am

What I am saying, and what I want to emphasize is that what he said creates the impression that Members of Parliament are not responsible to their own decisions and that is what I wanted to erase. I thought he could have taken it in good faith.

He is painting a picture of the Members of Parliament to the public, which is incorrect. And when a senior Colleague as I am, if I am advising him -- [Hear! Hear!] -- Yes! I thought he would have taken it in good faith because I have been here continuously for 14 years -- [Uproar.] He came, he went, and had to come back -- [Laughter.] Yes. There was a break of service and he must credit me for having gained something within the four years that he was out. So when I am talking, the ears must listen.

I thank you, Madam Speaker.
Mr Avoka 11:30 a.m.
Madam Speaker, I just
want to set the records straight. I was a Member of this august House in the 1993-1996 Parliament when he was not here. At that time, he was not here, so I am his senior. So the fact that I had gone out in 2005-2008, he has only caught up with me and therefore, I am his senior - [An Hon Member - He says he has been continuous] - It does not matter -- [Laughter.] He is 14 years, I am equally 14 years.
Mr Simon Osei-Mensah 11:30 a.m.
Madam Speaker, I did like the submission of the Hon Majority Leader but getting to the end, he got it wrong. If he finishes Form
Five before me but I entered Sixth Form before him, I am his senior in Sixth Form. So the fact that he was there between 1993 and 1996 and he went out, means he finished Form Five; he could not enter Sixth Form right away. He finished Form Five, continued to Sixth Form, entered university so he is his senior. So that analogy that he made is totally wrong.
Dr Anthony A. Osei 11:30 a.m.
Madam
Speaker, I think that maybe, today's rain is bringing a lot of excitement among Hon Members of this House so I would plead that we adopt the report of the Business Committee and move on.
Madam Speaker 11:30 a.m.
Yes, that was
where we were. But we needed -- any comments on the Business Statement, not on this small seniority matter?
Mr Peter W. Pepera 11:30 a.m.
Madam
Speaker, my point is on this Business Committee. I know we got side tracked on this issue of seniority, but I believe this issue of punctuality is important. If the Hon Majority Leader says that we Hon Members of Parliament (MPs) could not start a particular meeting because of the rain - [Interruptions] - Yes - I mean -- No.
I think it is important. I am going back to it, I believe it is important. If we are going to use rain as an excuse, then we cannot expect anybody else to come to meetings or any other thing because of the rain. I think it is very important. We have young students, future leaders up there and if we as MPs are saying that rain is a legitimate excuse, I think that is very wrong. We should withdraw that and if there is any other reason we could not have our meeting at 9.00 o'clock - [Interruption] -- [Some Hon Members: Road block! June 4th!] -- Then let us say it but not the rain. I think that point should be emphasized by my Hon Colleague.
Prof. (Emeritus) Samuel K. Amoako 11:30 a.m.
Madam Speaker, in yesterday's Order Paper, a Question that I was to ask of the Minister for Roads and Highways was listed. On today's Order Paper, it is missing and when I look at the Business Statement for next week, again, it is conspicuously missing. I want to know why my Question has not been listed in the Business Statement.
Mr Avoka 11:30 a.m.
Madam Speaker, the Hon Member is perfectly right. Indeed, at the close of yesterday's Sitting, our attention was drawn to the fact that it is important for us to complete the Plants Bill 2009, for various reasons, more particularly is the fact that we stand to benefit or lose if it does not become law by early next week.
So that was why upon consultation with the Leadership on the other side, we decided to defer Questions for today and then complete the Plants Bill, 2009 so that we re-programme the Minister who was to answer Questions this morning to early next week. That explains it. Maybe, I should have indicated that in the Business Statement but it was an oversight. But I think he is right.
rose
Madam Speaker 11:30 a.m.
Yes, Hon Member,
he says early next week they will schedule your Question.
Mr Hackman Owusu-Agyemang 11:30 a.m.
Madam Speaker, quite a few times in the Business Statement, and sometimes on the Order Paper, Questions or Bills or issues are raised which make us prepare but we come here and eventually they do not get listed. I saw the Business Statement for last week and people would ask -- because we represent consti-tuencies and I did say that it was scheduled for Wednesday. As it turned out to be, it was not there.

I know that the exigencies of the situation sometimes may warrant a change in the Order Paper but I think, as much as possible, if the Leadership and the Business Committee can stick to the programme as proposed for the week it would help us tremendously. Because sometimes we schedule meetings and when there is a particular item, which a Member has a personal interest, he reschedules the meeting so that he can come to that, then he comes here only to find that it has not been listed.

I think that we should try as much as possible to stick to the Business Statement for the week. But most importantly, the previous day's Provisional Order Paper should also be stuck to, as much as possible, so that we know we can plan our programmes accordingly. That is my plea to the Leadership and to the Business Committee and to your goodself, Madam Speaker.
Madam Speaker 11:40 a.m.
Thank you, Hon Member.

Yes, Business Statement as presented

is adopted.

Now, we move on to item 5 - the Laying of Papers.

Hon Majority Leader, item 5 - Laying of Papers.

Hon Chairman of the Committee?
Mr Avoka 11:40 a.m.
Madam Speaker, the Hon Chairman of the Subsidiary Legislation Committee is Hon Kwame Osei-Prempeh. I thought I saw him earlier in the morning here. I am surprised that -
So if we could get any Hon Member
of the Subsidiary Legislation Committee
Mr Avoka 11:40 a.m.


to lay the Papers on his behalf - item 5 (i) and (ii). Who is an Hon Member of the Subsidiary Legislation Committee on the Minority side?
Madam Speaker 11:40 a.m.
Any Hon Member?
Mr Avoka 11:40 a.m.
Even on the Majority side.
PAPERS 11:40 a.m.
Madam Speaker 11:40 a.m.
Yes, Hon Majority Leader?
Mr Avoka 11:40 a.m.
We would now come to item 6.
Madam Speaker 11:40 a.m.
We are now on item 6, the Plants Bill.
Hon Members, the Hon Second Deputy

11.47 a.m. - [MR SECOND DEPUTY
Mr Second Deputy Speaker 11:40 a.m.
Hon Members, Plants Bill, 2009 at the Consideration Stage.
BILLS - CONSIDERATION STAGE 11:40 a.m.
  • [Continuation of debate from 3rd June, 2010]
    • Mr Second Deputy Speaker 11:40 a.m.
    Debate was deferred on Thursday, 3rd June, 2010.
    Hon Chairman of the Committee, what is the position?
    Clause 113 -- Fertilizer Reguratory Adminisration
    Chairman of the Committee (Dr Ahmed Y. Alhassan) 11:40 a.m.
    Mr Speaker, I beg to move, clause 113, subclause 2, delete and insert the following:
    “ P e s t i c i d e a n d F e r t i l i z e r Regulatory Administrator
    113. (1) There shall be a Pesticide and Ferti l izer Regulatory Administrator within the Division.
    (2) The Pesticide an Fertilizer Regulatory Administrator shall be responsible for the day-to- day administration of the affairs of the Division”.
    Mr J. B. Aidoo 11:40 a.m.
    Mr Speaker, I have no problem with the subclause (1) but the subclause (2) --
    “The Pesticide and Fertilizer Regulatory Administrator shall be responsible for the day-to-day administration of the affairs of the Division.”
    I thought if we deleted “of the affairs” and just leave it “… administration of the Division”, it will be neater than we have it now.
    Mr Second Deputy Speaker 11:40 a.m.
    Hon Chairman of the Committee, delete “of the affairs” so that we will have “. . .day- to-day administration of the Division.”
    Dr Alhassan 11:40 a.m.
    That is all right, Mr Speaker.
    Mr Second Deputy Speaker 11:40 a.m.
    So, now
    it will read:
    “The Pesticide and Fertilizer Regulatory Administrator shall be responsible for the day-to-day administration of the Division.”
    Mr Abdul-Rashid Pelpuo 11:40 a.m.
    Mr Speaker, I think that the clause 113 (1), that is the proposed amendment, “There shall be a Pesticide and Fertilizer Regulatory Administrator within the Division”.
    I think it could be neater if we say, “The Division shall have a Pesticide and Fertilizer Regulatory Administrator.” But “within” does not sound like -- I think, it sounds different from the intended meaning. So, if we simply say: “The Division shall have a Pesticide and Fertilizer Regulatory Administrator.” Or we can say “. . . in the Division” rather than “…within the Division.” These are my two suggestions.
    Dr Alhassan 11:50 a.m.
    Mr Speaker, perhaps, I did not make myself clear. The new rendition merges the two subclauses into one and that is the new rendition I read, that:
    “There shall be a Pesticide and Fertilizer Regulatory Administrator of the Division who shall be responsible for the day-to-day administration of the division.”
    So it is just one clause and not two
    subclauses.
    Mr Second Deputy Speaker 11:50 a.m.
    What
    about the word “within” which the Hon Deputy Majority Leader drew attention to?
    Dr Alhassan 11:50 a.m.
    Well, we thought the administrator is in the “Division”. He is a staff of the Division.
    Mr Second Deputy Speaker 11:50 a.m.
    So it should be “in the Division” not “within the Division”. That s the proposition of the Hon Deputy Majority Leader; are you agreeable?
    Dr Alhassan 11:50 a.m.
    Mr Speaker, in the rendition that I read out there is no “within”. Because there are no more two subclauses. The two subclauses have been merged into one. Perhaps, I should repeat the rendition --
    Mr Second Deputy Speaker 11:50 a.m.
    Hon Chairman, please --
    Dr Alhassan 11:50 a.m.
    “There shall be a Pesticide and Fertilizer Regulatory Administrator of the Division who shall be responsible for the day to day administration of the Division.”
    Mr Second Deputy Speaker 11:50 a.m.
    So it will be one subsection. Can you, please, go over it again so that it will be fully, well captured? I have got it.
    Dr Alhassan 11:50 a.m.
    “There shall be a Pesticide and Fertilizer Regulatory Administrator of the Division who shall be responsible for the day-to- day administration of the Division.”
    rose
    Mr Second Deputy Speaker 11:50 a.m.
    Thank you very much.
    Hon Member, do you have any difficulty in view of the rendition?
    Mr J. B. Aidoo 11:50 a.m.
    Mr Speaker, I have a problem with the combination -- combining the two aspects, one relating to the establishment and the other one being the object of that establishment. The two should be separated; they should not -- Maybe, the draftsmen can assist us on this because from the little experience I have in this House, the two have always stayed separately. Establishing the institution or anybody comes as a clause in itself and then the object will also come as another
    clause but to combine the two, I am afraid, will not be proper on this occasion.
    Mr Second Deputy Speaker 11:50 a.m.
    Hon Deputy Majority Leader, the issue now is the combination.
    Mr Pelpuo 11:50 a.m.
    Mr Speaker. Mr Speaker, it is one subject matter; it is about the administrator and his responsibility; it is not establishing anything, it is establishing the fact that there is an administrator and he has a function. Yesterday, we had a long debate about it and we think that to say it in one single clause, is better than to separate the two.
    Mr Second Deputy Speaker 11:50 a.m.
    “There shall be a Pesticide and Fertilizer Regulatory Administrator of the Division who shall be responsible for the day-to-day administration of the Division.”
    That is the Question .
    Question put and amendment agreed to.
    Clause 113 as amended ordered to stand part of the Bill.
    Clause 114 - Units of the Division.
    Dr Alhassan 11:50 a.m.
    Mr Speaker, I beg to
    move, clause 114, subclause (1), delete.
    Mr Second Deputy Speaker 11:50 a.m.
    Hon
    Chairman, if you may give us the justification.
    Dr Alhassan 11:50 a.m.
    Mr Speaker, the entire clause 114 would be deleted because we have incorporated relevant portions of it into clause 112 and therefore, what remains should not be in the Bill at all.
    Question put and amendment agreed to.
    Clause 114, subclause (1) ordered to be

    deleted from the Bill.
    Dr Alhassan 11:50 a.m.
    Mr Speaker, I beg to
    move, clause 114 -- subclasue (2), delete
    Mr Speaker, it is the same thing, it is
    consequential that all the clauses in 114 be deleted since we are taking the relevant portions and merging them with other portions within the Bill.
    Question put and amendment agreed to.
    Clause 114, subclause (2) ordered to be deleted from the Bill.
    Dr Alhassan 11:50 a.m.
    Mr Speaker, I beg to
    move, clause 114, subclause (3), delete.
    Mr Second Deputy Speaker 11:50 a.m.
    Hon
    Members, I will put the Question, it is consequential.
    Question put and amendment agreed to.
    Clause 114 , subclause (3) ordered to be deleted from the Bill.
    Clause 115 -- Staff of a unit.
    Dr Alhassan 11:50 a.m.
    Mr Speaker, I beg to
    move, clause 115, delete. That is because it is contingent on the
    existence of clause 114 and it does not have to be there.
    Question put and amendment agreed to Clause 115 ordered to be deleted from
    the Bill..
    Clause 116 - Co-operation with other bodies.
    Dr Alhassan noon
    Mr Speaker, I beg to
    move, clause 116, delete and insert the following:
    “The Division shall corporate with other agencies in the performance of functions under this part of the Act.”
    And to further amend the rendition that the word “corporate” be deleted and in its place the word “co-operate” inserted
    Question put and amendment agreed to.
    Clause 116 as amended ordered o stand part of the Bill.

    Clause 117 - Accounts and audit.
    Mr P. C. Appiah-Ofori noon
    Mr Speaker, I beg to move, clause 117, delete.
    Mr Speaker, we may be aware that this Bill initially was in three parts. One part covered plants, another covered seeds and the other one covered fertilizers. At the Committee meeting, we decided to consolidate these. But after the consolidation, certain provisions relating to financial matters, instead of being consolidated were brought into the Bill again. So, it became necessary for us to delete these and come with an omnibus clause covering financial matters. So, clauses 117 and 118 which are also dealing with financial matters, accounts and audit, we are saying, ought to be deleted so that at the tail end of it we come out with an amendment that will take care of all the financial matters in connection with this.
    Mr Second Deputy Speaker noon
    All financial matters are brought to the very end of the Bill and those matters will be taken care of soon.
    Dr Alhassan noon
    Mr Speaker, that is so. I agree with Hon P. C. Appiah-Ofori.
    Question put and amendment agreed to

    Clause 117 ordered to be deleted from the Bill..
    Mr Second Deputy Speaker noon
    Clause
    118 -
    Mr Pelpuo noon
    Mr Speaker, I really wanted to draw attention to clause 114 (4) which had not been taken care of -- had not been deleted. Does it mean that it still stands with only clause 4 hanging on as the single subclause for clause 114? Because it has not been deleted.
    Mr Second Deputy Speaker noon
    Hon Deputy Majority Leader, if we can take them one by one - the other issue of the clause we had just dealt with, if we -
    Dr Alhassan noon
    Mr Speaker, I had already made a submission that we took the relevant portions of clause 114 and merged them with clause 112 in our previous amendments and that was the only relevant portion of clause 114 that needed to stand. We took it to a related subject in clause 112. Therefore, the rest of it did not have to stand, that is why those sub-clauses have been deleted. That is why there is no deletion in respect of that one.
    Mr Pelpuo noon
    Mr Speaker, I am suggesting that we do the right thing by deleting clause 114 (4) because after he said that, there is still an indication on the suggested amendments that we delete clause 114 (1) (2) (3); subclause (4) was not touched at all. So, we can just delete it as well.
    Dr Alhassan noon
    Mr Speaker, that is all right if that makes matters clearer even though I had indicated previously that the entire clause 114 was to be deleted. I said so.
    Mr Second Deputy Speaker noon
    The entire clause 114 for the avoidance of doubt is deleted.
    Mr Pelpuo noon
    Mr Speaker, I just want to seek some clearance. In clause 118, we are talking about financial reporting. But this reporting in clause 118 does not look like it is financial reporting, I do not know. The aspects look like annual reports and things like that.
    Mr Second Deputy Speaker noon
    Hon Member, you are talking about clause 118?
    Mr Pelpuo noon
    Yes, Mr Speaker.
    Mr Second Deputy Speaker noon
    I would be glad if Hon Appiah-Ofori would move the amendment and then relevant contributions would be made.
    Clause 118 - Annual reports and other reports
    Mr Appiah-Ofori noon
    Mr Speaker, I beg to move, clause 118, delete.
    Mr Speaker, the reason assigned
    for the deletion of clause 117 applies to clause 118. Annual reports relate to financial matters and it is very clear that when we are preparing annual reports, we come with the Auditor-General's Report submitted to the appropriate authorities. So any time we talk about annual reports, they come under financial matters. So we are deleting it and we are taking care of it at the tail end of it.
    Dr Alhassan noon
    Mr Speaker, that is exactly the situation. I agree with him.
    Mr Second Deputy Speaker noon
    Deputy Majority Leader, I am sure that satisfies the concerns.
    Question put and amendment agreed to.
    Clause 1118 ordered to be deleted from the Bill..
    Clause 119 - Offences.
    Dr Alhassan noon
    Mr Speaker, I beg to move, clause 119 - subclause (1), paragraph (b), delete “misbranded” and substitute “mislabelled”.
    Question put and amendment agreed
    to.
    Dr Alhassan 12:10 p.m.
    Mr Speaker, I beg
    to move, clause 119, subclause (1), paragraph (d), delete.
    Mr Speaker, it was difficult to define “nutrient deficient fertilizer”. If it is fertilizer, it must carry a certain nutrient. It may not be applicable to the particular situation. But it is hard to find nutrient deficient fertilizer. If it is a question of shortage of a particular nutrient as carried on the label, that would be either a mislabelling or an adulteration or a misbranding.
    Question put and amendment agreed to.
    Dr Alhassan 12:10 p.m.
    Mr Speaker, I beg to move, clause 119, subclause (1), paragraph (f), before “Act” insert “part of the” and in line 3, after “units” delete “of” and insert “or”.
    Question put and amendment agreed to.
    Dr Alhassan 12:10 p.m.
    Mr Speaker, I beg to move, clause 119, subclause (4), delete.
    Mr Aidoo 12:10 p.m.
    Mr Speaker, I do not want
    to agree with the Chairman. Subclause (4) relates to clause 3 which refers to “the regulation”. That is where there is a regulation made under this Act, and if the
    Mr Second Deputy Speaker 12:10 p.m.
    Chairman of the Committee, subclause (4) should take care of a persistence and continuing offender. Is there any way we can take care of that?
    Mr S.tephen K. B. Manu 12:10 p.m.
    Mr
    Speaker, I tend to agree perfectly with Hon Aidoo because the subtitle is “Offences” and we have outlined the offences that are commitable under the law. Why do you want to delete the punishment that should go with somebody who persistently flouts the law?
    So I think if it is “offences” we are talking about, then having - “whoever persists in flouting the law will suffer” must be there, that is, anybody persistently flouting the law, then he knows what he is inviting to himself or herself. If you delete it and somebody persistently flouts the law, how do we sanction the person? So I believe that clause 4 should be retained to serve as a deterrent to people who may have flouted the law but for its existence.
    Mr Second Deputy Speaker 12:10 p.m.
    Thank you very much, Hon Member. If I may draw your attention to clause 119 (2):
    “in the case of a continuing offence the person convicted is liable to a further fine of ten penalty units for each day during which the offence continues”.

    In the light of that, how do you proceed further?
    Mr Pelpuo 12:10 p.m.
    Mr Speaker, I was just
    trying to draw your attention to subclause (2) and to say that subclause (4) has been rendered irrelevant, so we do not need it there: subclause (2) has taken care of everything that is in suvbclause (4), so there is no need for us to have tedious repetition in the Bill. If we want we could amend subclause (2) to add to anything we think is not in subclause (4) but the two together is superfluous.
    Dr Alhassan 12:10 p.m.
    Mr Speaker, I have
    been doing some consultations here and I think that I am ready to stand down my amendment and go with that of Hon Pelpuo.
    Mr Second Deputy Speaker 12:10 p.m.
    Hon
    Chairman of the Committee, if you will give us your reasons. In the light of clause 119 (2) and what is provided in 119 (4), are they identical?
    Dr Alhassan 12:10 p.m.
    Mr Speaker, no, they
    are not.
    Mr Second Deputy Speaker 12:10 p.m.
    And
    what is the differentiation? And can they be put together to make it more meaningful? I think you must please, give us some guidance.
    Dr Alhassan 12:10 p.m.
    Mr Speaker, if subclauses
    (2) and (4) can be merged to -- I thought that the - I thought that subclause (4) relates to subclause( 3) and subclause (2) is for subclause (1). This was the understanding.
    Mr Second Deputy Speaker 12:10 p.m.
    Hon
    Chairman, I am just saying that some; clause 119 (2) relates to 119 (1) and clause 119 (4) relates to clause 119 (3), is that your explanation? And if that holds, then we make progress.
    Mr Appiah-Ofori 12:10 p.m.
    Mr Speaker, if you
    examine them critically, clause 119 (2) and 119 (4), it appears to me that clause 119 (4), they redundant and therefore, our amendment that it should be deleted should stand.
    Mr Second Deputy Speaker 12:10 p.m.
    Hon
    Appiah-Ofori, that in effect, in the light of clause 119 (2), clause 119 (4) is redundant and should be expunged.
    Dr Alhassan 12:10 p.m.
    Mr Speaker, I will re-
    instate the amendment by the Committee. Hon J. B. Aidoo has agreed with me that the two are identical and therefore, subclause (4) should go.
    Mr Second Deputy Speaker 12:10 p.m.
    So,
    sub- clause (4) is to be deleted?
    Hon Members, I will put the Question on the entire clause 119 --
    Mr Pelpuo 12:10 p.m.
    Mr Speaker, I think what
    then should be the case is that, we make subclause (2) the last of the clause, so we can have subclause (2) as the last sub- clause which will cover all other offences that had early on been spelt out. In other words, it is subclause (2) we should delete and make subclause (4), subclause (3).
    Mr Second Deputy Speaker 12:10 p.m.
    Clause
    119 (2) should become clause 119 (3) and clause 119 (3) should become clause
    119 (2).
    Question put and amendment agreed to.
    Clause 119 as amended ordered to stand part of the Bill.
    Clause 120 - Power of Minister to assign function.
    Mr Second Deputy Speaker 12:10 p.m.
    There
    is no listed amendment.
    Mr J. B. Aidoo 12:10 p.m.
    Mr Speaker, I befg
    to move, the word “any” before the word “other”
    Mr Speaker, clause 120 reads as follows 12:10 p.m.
    “The Minister may assign any function under this Act to a Director or other qualified government official where appropriate.”
    Mr Second Deputy Speaker 12:10 p.m.
    So that it will read as follows:
    “The Minister may assign any function under this Act to a Director or any other qualified government official where appropriate.”
    Mr J. B. Aidoo 12:10 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 12:10 p.m.
    Chairman of the Committee, any objection?
    Dr Alhassan 12:20 p.m.
    Mr Speaker, no, I have
    no objection to the amendment.
    Question put and amendment agreed to.
    Clause 120 as amended ordered to stand part of the Bill.

    Clause 121 -- Regulations.
    Mr Second Deputy Speaker 12:20 p.m.
    Clause 121 -- There is a proposed amendment in the name of Hon Boafo.
    Chairman of the Committee, are you in a position to help us in this connection?
    Dr Alhassan 12:20 p.m.
    Yes, Mr Speaker, I have been trying hard to locate the amendment
    Dr Alhassan 12:20 p.m.


    being proposed by Hon Boafo but I cannot find any. I do not see any word “fees” or “121 (b) (1)”. So, perhaps, we may have to stand it down.
    Mr. Second Deputy Speaker 12:20 p.m.
    There is “fees” under 121 (a) (iii), it reads as follows:
    “the fees and charges for any permit or certificate issued under this Part”.
    So Hon Chairman, the word “fees” is there and what you will want is that, after “fees”, we should add the word “penalty”.
    Dr Alhassan 12:20 p.m.
    Mr Speaker, I do not know, maybe, the reference is to - because in the Bill, clause 121 (b), sub- paragraph (1), the word “fees” does not occur. The rendition is:
    “the requirements and procedures for variety testing, release and registration of seeds”.
    So I do not know - unless there is a typographical mistaken identity of the clause.
    Mr Second Deputy Speaker 12:20 p.m.
    Well, Hon Boafo is not here. He may bring it at another stage but we take it that the proposed amendment is abandoned at this stage because it is not even clear on the face of the Bill.
    Clause 121, there is an amendment in the name of the Chairman of the Committee.
    Dr Alhassan 12:20 p.m.
    Mr Speaker, my attention has just been drawn to - I think what Hon Boafo really meant was clause 121 of paragraph (c) (1), the fees to be paid under this Act. So he wants the word “penalty” inserted after “fees”. So it should be “the fees and penalty” to be under this Act, which is all right for us.
    Mr Second Deputy Speaker 12:20 p.m.
    If so, then is there only one penalty? Is it possible for the Hon Chairman of the

    Committee to consider? “Fees” is in plural; are there other penalties for which we have “fees and penalties”, not “fee and penalty”?
    Dr Alhassan 12:20 p.m.
    The “fees and penalties” to be paid under this Act. That amend- ment will do.
    Mr J. B. Aidoo 12:20 p.m.
    Mr Speaker, the “fees”, of course, the Hon Minister can bring about but the penalties had been specified in the law. So why do we leave the Minister to come out with penalties? I do not think the penalty is necessary in this regard. The Hon Minister can come out with fees but in respect of penalties - all the penalties have been decided by the preceding clauses that we have dealt with. So there is no need for the Hon Minister to come out with any further penalties.
    Mr Second Deputy Speaker 12:20 p.m.
    When it comes to fees, the Hon Member is saying the Hon Minister may regulate. When it comes to penalties, the penalties are already prescribed by the Act itself and if that is so then it is quite deliberate that it talks only about fees because penalties are no business of the Minister - or will penalties be the business of the Minister to fix?
    Hon Minister, your Colleague says the fees may be fixed by the Hon Minister but the penalties are already prescribed under the law itself, so it will not be the business of the Minister. So we cannot say here, “fees and penalty” or “penalties”.The original rendition there should be right.
    Dr Alhassan 12:20 p.m.
    Mr Speaker, that means that the original rendition is what should stay. So we delete Hon Boafo's amendment.
    Question put and amendment negatived.
    Dr Alhassan 12:20 p.m.
    Mr Speaker, I beg to move clause 121, subclause (1), paragraph (b), sub-paragraph (vi), at end, insert “part of the Act”.
    Mr Second Deputy Speaker 12:20 p.m.
    So Hon Chairman of the Committee, I will want you to please give us the full rendition. It may be useful for other Members to follow exactly what we are doing.
    Dr Alhassan 12:20 p.m.
    Mr Speaker, the miscellaneous matters are further devided - clause 121 is further divided into (a), (b) and (c) to look after the various subject matters addressed in the Bill and that is why clause 121 (vi) cannot be under the Act but “part of the Act” that deals with the particular subject. That is the justification.
    Mr Pelpuo 12:20 p.m.
    Mr Speaker, it does not still look clear. If you add “part of the Act”, does it mean that it will now read --
    “provided under this Act, part of the Act”?
    Or in what way should it be? What does it mean by “part of the Act”?. Every part of this Act could then be affected by the same thing. So it is still very, very ambiguous. If you want to say the part relating to fertilizer, the part relating to pesticides -- if you say “part of the Act”, it is still ambiguous as it is now. So we could as well leave it the way it is.
    Mr Second Deputy Speaker 12:20 p.m.
    Hon Chairman of the Committee, if you will clarify that?
    Dr Alhassan 12:20 p.m.
    Mr Speaker, clause 121 deals with regulations and we are not making regulations for the entire Bill or the entire Act but they are specific to the different parts of the Act. That is why we thought that we should also delineate the different parts and that is why it is part (a), (b) and (c) dealing with the three different
    subject matters. So if you are going to define anything, it must be that particular part of the Act, not the entire Act.
    Mr Second Deputy Speaker 12:30 p.m.
    So that
    “the fee to be charged for any services provided under this part of the Act”
    - “part of the Act”, is that not so, Hon Chairman?
    Dr Alhassan 12:30 p.m.
    Mr Speaker, the proposal that is becoming attractive is for us to say that, “the fee to be charged for any service, provided under Part b of the Act” or “Part 1 of the Act”. So that it would be in direct reference to the “seeds” part of the Act which I think would be appreciated.
    rose
    Mr Second Deputy Speaker 12:30 p.m.
    Under Part 1 of the Act - let us get him clearly. “
    “The fee to be charged for any services provided under Part 1 of the Act.”
    Very well, Hon Minister -
    Mr H. Iddrisu 12:30 p.m.
    Mr Speaker, I rise in opposition to the proposed amendment by the Chairman of the Committee and to urge him to abandon it.
    Mr Speaker, let me refer you to the very last page of the Bill we are dealing with; if you go to “Repeals and Savings Clause”, paragraph 123 (2), the last two lines, we say “under this Act” - [Interruption] - I am quoting from it, it is there; “under this Act”. So we are dealing with the Plants Bill and ultimately, that will become the Act. So the reference should be as it is appropriately captured there --
    “The fee to be charged for any services provided under this Act

    - under the Plants Bill”

    because if we go further, provision has been made earlier for fees to be charged and to be determined under this Act. So I think that we should abandon the proposed amendment and let us proceed by adopting it as it is captured there in the Bill.
    Mr Second Deputy Speaker 12:30 p.m.
    Mr Chairman, if you could tell us why this should stand.
    Dr Alhassan 12:30 p.m.
    Mr Speaker, I entirely do not agree with the Hon Minister for Communications because we have previously addressed similar situations the same way from the beginning of the Act up till now.
    Mr Second Deputy Speaker 12:30 p.m.
    If you were visiting us more often, you would have been with us - [Laughter.]
    Dr Alhassan 12:30 p.m.
    So I think that he should not send us back since we are very determined to pass the Bill today. Indeed, I even thought that the proposal from the Hon Deputy Majority Leader may be unnecessary because the Part b, we say “in Part II for”. So it is already there and therefore the “part of the Act” should stand because that part has already been labelled. To say that all those subclauses below affect only part II of the Bill. So “under this Part” should be all right because part of the Bill has been defined -
    Mr Second Deputy Speaker 12:30 p.m.
    So it should be Part 1?
    Dr Alhassan 12:30 p.m.
    No. “Under this part of the Act”.
    Mr Second Deputy Speaker 12:30 p.m.
    So we should add “this”? Is that not so? Do we say “under this part of the Act”?
    Dr Alhassan 12:30 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 12:30 p.m.
    All right.
    Question put and amendment agreed to.
    Dr Alhassan 12:30 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (1), paragraph (b), sub-paragraph (ix), line 2, delete “or”
    Mr Second Deputy Speaker 12:30 p.m.
    Hon
    Chairman, so that we have what?
    Dr Alhassan 12:30 p.m.
    So that we have,
    “for the certification of seeds and conditions to be complied with before seeds of any kind or variety may be certified or approved.”
    Question put and amendment agreed to.
    Dr Alhassan 12:30 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (1), paragraph (b), sub-paragraph (xi), at end delete “Act” and insert “part of the Act”
    Mr Second Deputy Speaker 12:30 p.m.
    Shall
    we say “this part of the Act” for real consistency? That too should be “this part of the Act”.
    Question put and amendment agreed to.
    Clause 121 as amended ordered to stand part of the Bill.
    Clause 122 - Interpretation.
    Dr Alhassan 12:30 p.m.
    Mr Speaker, I beg to move, clause 122. Interpretation, under paragraph (a) insert the following:
    ‘“appropriate treatment” means the authorized procedure for the killing,
    removal or rendering infertile of pest,;
    ‘“conduct” - includes carrying out, advocacy and regulation,.
    Mr Stephen K. B. Manu 12:30 p.m.
    Mr Speaker, the Hon Chairman may have a very good reason for introducing this amendment. But what is lacking is a clearer explanation of what those words there mean. For instance - “infertile of pests”; “removal or rendering infertile of pests”. If you have it that way then you have “removal infertile of pests” or “rendering infertile of pests'. I think there is need for a second look at it because the way it is structured - “‘appropriate treatment” means the authorized procedure for the killing, removal or rendering infertile of pests.'”
    How do you render the pest infertile? How do you do that? Are you going to castrate the pest or you are going to dissect or how do you render the pest infertile? The pest is in the bush; how do you get it to make it infertile - [Interruption.] Please, let those of us who are not very technical understand what you are talking about.
    Dr Alhassan 12:40 p.m.
    There is no other way of defining infertility, except to make an insect non-reproductive. That means that it cannot reproduce, that is what it means. And you can do that by a process called sterile insect technique to render the insect infertile; it is a scientific procedure and we can describe that outside over a cup of tea.
    Mr Manu 12:40 p.m.
    Please, that is why I
    want to know; I come from a farming community, and when I go there and they ask me that, “Hon Member of Parliament (MP), you have made this law, what does this mean?” I should be able to explain to my farmers and I think I am not alone in that situation. I think the Hon Member for Ashaiman is a fisherman and would not know how to deal with pests. So he is benefiting from what I am saying.
    Mr Second Deputy Speaker 12:40 p.m.
    Hon
    Balado, you did not catch my eye.
    Very well, Hon Members, any further contributions?
    Question put and amendment agreed
    to.
    Dr Alhassan 12:40 p.m.
    Mr Speaker, I beg to
    move, clause 122, Interpretation, under paragraph (b) insert the following:
    ‘“accredited research institution” means a public or private body authorized by the Council for Scientific and Industrial Research to engage in agricultural research.'
    “designated officer” means an officer appointed by the Minister to perform certain duties.'
    Mr Boafo 12:40 p.m.
    Mr Speaker, I believe
    there were two amendments to clause 122 earlier, and one of them was only treated -
    Mr Second Deputy Speaker 12:40 p.m.
    Hon
    Boafo, can we complete this and then you can come back? Because the Chairman has moved on this, so if we can please complete this, unless you would want to contribute on this, but we will come back to whatever you would want us to do.
    Mr Boafo 12:40 p.m.
    Mr Speaker, I think a body
    can be either public or private. So I do not see the need to mention public or private. I think if we limit it to “accredited research institution” means a body authorized” because it cannot be any other thing apart from private or public.
    Mr Second Deputy Speaker 12:40 p.m.
    “means
    a body authorized . . .”
    Dr Alhassan 12:40 p.m.
    Well, the inclusion of
    Mr Manu 12:40 p.m.
    Mr Speaker, I believe, in
    order to remove the ambiguity there, if we say ‘“accredited research institution” means a public or private institution authorized . . ., I think that will be clearer, rather than “using “private body”. “Private body” is a little nebulous. But if we say --
    “public or private institution authorized by the Council for Scientific and Industrial Research to engage in agricultural research”.
    I think it leaves nobody in doubt.
    Mr Boafo 12:40 p.m.
    Mr Speaker, I think the
    use of the expression “body” is preferable to the use of the word “institution”; because the Council may decide to engage a public company which is not an institution, society or organisation in the ordinary sense of the word. So the use of the word “body” is more appropriate; but my problem is with the expression “public or private”. Because either it is a private body or a public body. If you are an international body, it may be either public or private.
    Mr Appiah-Ofori 12:40 p.m.
    Mr Speaker, when
    we talk about public and private, there is a big distinction. A public institution is more or less a government institution and we have private institutions, companies which are also private organisations and therefore, it will be better to state “public or private” institutions.
    For example, in the agricultural sector, we were meeting so many organisations that form a group as agricultural bodies and it will be wrong for us to confine it to public and leave other sectors that are on their own, that also contribute to agricultural growth of the country. So the amendment made should stand untouched.
    Mr Second Deputy Speaker 12:40 p.m.
    Hon Chairman, “body authorised by the Council for Scientific and Industrial Research accredited research institution”. The University of Ghana Faculty of Agriculture may well be such an appropriate institution, but it is not authorised by the CSIR and can that become a difficulty for us? I want to draw your mind to that.
    Dr Alhassan 12:40 p.m.
    Mr Speaker, this
    particular provision -- just to respond, is consistent with the law that established the CSIR. The CSIR is a corporate body established by law to supervise all scientific research works in the country. It may be true that so far it has not exercised that authority as empowered by law. But the law establishing CSIR enjoins it to supervise scientific research work nationwide, that one is there.
    So far, one of the reasons ‘public and private' were really bold was because currently, most of our research institutions are public but the ‘private' was mentioned just to underline the fact that the CSIR can authorise a ‘private body' that has capacity to deliver a piece of investigation that this law may require, that is why it was made explicit.
    Mr Second Deputy Speaker 12:40 p.m.
    So
    ‘public' or ‘private' makes it more explicit?
    Dr Alhassan 12:40 p.m.
    Yes.
    Mr Second Deputy Speaker 12:40 p.m.
    That
    is the point and it does not spoil anything but it makes it clearer that the intention is to have not just public institutions but capable, duly accredited private institutions to also participate in the process.
    Mr Manu 12:50 p.m.
    Mr Speaker, the Hon Chairman, in his submission, was talked about private or public institutions. And when it comes to research, it sounds better to relate it to an institution rather than a body. A body can be any body, but institution, when we are talking about research, we should be talking about institution as he himself used in his submission. So I beg to move, that we change the word “body” to “ “nstitution”. It should be “private or public institution authorised by CSIR to engage in research”.
    Dr Alhassan 12:50 p.m.
    Mr Speaker, I do not think we can put “Institution” for “body.” Institution is part of the words to be defined - it says “accredited research institution” and you cannot define it by putting “institution” there again.
    In any case, we are marrying legal language with science, that is where the difficulty is. So we cannot repeat ourselves in the definition of a word that we have to define. That is why I agree with Hon Boafo in that connection that “body” is much wider than “institution”.
    Question put and amendment agreed to.
    Dr Alhassan 12:50 p.m.
    Mr Speaker, I beg to move, clause 122, Interpretation, under paragraph (c), delete “Fertilizer Regulatory Administrator” and insert Fertilizer Regulatory Body”.
    This is consistent with the amendment we had done previously.
    Mr Boafo 12:50 p.m.
    Mr Speaker, once again, the Chairman has rather jumped another amendment. Early on, I was on my feet to point out that the amendment under -
    Mr Second Deputy Speaker 12:50 p.m.
    Hon Boafo, are we talking about clause 122?
    Mr Boafo 12:50 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 12:50 p.m.
    Paragraph (c) which says delete “Fertilizer Regulatory Administrator” and insert “Fertilizer Regulation Body”?
    Mr Boafo 12:50 p.m.
    Mr Speaker, under
    paragraph (a), one leg of the amendment was skipped over, under paragraph (b), another one has been skipped over and he has moved to paragraph (c). Under paragraph (a), we did not consider the new paragraph on conduct and (b), we have not considered the definition of “designated officer”. I heard him only reading the first amendment.
    Dr Alhassan 12:50 p.m.
    Mr Speaker, in all cases, I took the two definitions together and when we came to (a), I talked about appropriate treatment and conduct, and in (b), accredited research institution and designated officer so that all debate will take the two because that is why Chairman of the Committee comes below the two definitions. So, appropriately, we are on clause 122 (c).
    Mr Second Deputy Speaker 12:50 p.m.
    Chairman of the Committee, please, proceed.
    Dr Alhassan 12:50 p.m.
    Mr Speaker, the
    correct rendition or the rendition being proposed is delete “Fertilizer Regulatory Administrator” and insert “Pesticide and Fertilizer Regulatory Division” as it is in
    the body of the Bill.
    Mr Second Deputy Speaker 12:50 p.m.
    So you are putting the two together? I do not get you, Chairman of the Committee. Clause 122, Interpretation, under paragraph (c), delete “Fertil izer Regulatory Administrator” and insert “Fertilizer Regulatory Body”?
    Dr Alhassan 12:50 p.m.
    Mr Speaker, it should be “and inssert Pesticide and Fertilizer Regulatory Division”.
    Mr Second Deputy Speaker 12:50 p.m.
    You are making a further amendment?
    Dr Alhassan 12:50 p.m.
    Yes, it is a further amendment. I am sorry.
    Mr Second Deputy Speaker 12:50 p.m.
    So it is “insert Pesticide and Fertilizer Regulatory Division”.
    Question put and amendment agreed to.
    Dr Alhassan 12:50 p.m.
    Mr Speaker, I beg to move, clause 122, Interpretation, under paragraph (c), delete “Ghana Fertilizer Regulatory Division”.
    Mr Speaker, that is exactly what has been defined in the paragraph before.
    Question put and amendment agreed to.
    Dr Alhassan 12:50 p.m.
    Mr Speaker, I beg to move, clause 122, Interpretation, under paragraph (c), insert ‘“heavy metals” means element with very substantial atomic weight such as lead, mercury, etc.
    ‘“maintainer” means a person or institution that is responsible for keeping a released variety true to its original description for production'.
    Dr Alhassan 1 p.m.
    Mr Speaker, I beg to move, clause 122, Interpretation, under paragraph (c), page 64, item (iii), line 1, delete “born” and insert “boron” and in line 3, delete “zin” and insert “zinc”.

    Question put and amendment agreed to.
    Dr Alhassan 1 p.m.
    Mr Speaker, with your kind permission, yesterday, there was an outstanding definition that we needed to introduce which was “Reference Solution”, it is not advertised. So with your kind permission, I wanted to add it since we are in Definitions column or Interpretations column.
    Mr Second Deputy Speaker 1 p.m.
    Yes, Hon Chairman of the Committee?
    Dr Alhassan 1 p.m.
    Mr Speaker, I beg to move, “Reference Solution” means a solution of known concentration used as standard of comparison or analysis.
    Question put and amendment agreed to.
    Clause 122 as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 1 p.m.
    Hon Members, (xxiii) on page 6 of the Order Paper, new clause.
    Chairman of the Committee, these are the matters of finance, then we would come to the end of the amendments to the Bill.
    Dr Alhassan 1 p.m.
    Mr Speaker, we agreed that we have a consolidated series of clauses to look after the finances and reporting system for the entire Bill and therefore, Hon P. C. Appiah-Ofori was tasked to elaborate on this particular subject. So, my amendment would be stood down provided I lift some portions

    and merge them into Hon Appiah-Ofori's amendment.

    We have discussed this already, to agree that the Title as in mine would replace the Title as in his amendment, that it should be “Plants and Fertilizer Fund”, and that clause (2)(d) under “Objects of the Fund”, the (d) -- [Interruption.] You want me to wait until Mr Appiah-Ofori's - All right. So, the idea is to stand down my amendment and let Hon Appiah-Ofori move his amendment so that I introduce further amendments to his.
    Mr Appiah-Ofori 1 p.m.
    Mr Speaker, as I have said time without number, the Bill was made up of three main Bills. One on Plants, one on Seeds and one on Fertilizer and at the Committee level, we decided to consolidate these.
    But instead of the Attorney-General's Department also consolidating the provisions on financial matters, they re- stated them as if we had not consolidated. So you may recall that, from clauses 27 to 30, that area also covered financial provisions and I moved on the floor that those provisions should be deleted.
    From clauses 67 to 69 too, there were provisions on financial matters. I also moved on the floor that the provisions should be deleted. And just a few minutes ago, the House agreed to delete clauses 117 and 118.
    Having done that, then it means all the provisions on financial matters have just made way for a fresh provision, a comprehensive one. Therefore, we are saying that this should come under one particular part. So Part (iv) should be reserved exclusively for financial matters while the present Part (iv) becomes Part (v).
    Consequent upon that, Mr Speaker, I beg to move, new clause, add the following new clauses:
    “Establishment of Plants, Seeds and Fertilizer Fund
    1. There is established by this Act a Fund to be known as “Plants, Seeds and Fertilizer Fund”.
    Objects of the Fund
    2. The objects of the Fund are to provide financial resources:
    (a) to meet the cost of emergency, phytosani tary s i tua t ions , including compensation in cases of destruction of plants, plant products or regulated articles in pursuance of this Act;
    (b) for effective management of the seed industry including a national seed security stock;
    (c) for research studies and investigations relating to fertilizer.
    Sources of the money for the Fund
    3. The sources of money for the Fund are:
    (a) moneys approved by Parlia- ment;
    (b) fees charged under this Act;
    (c) donations, grants and gifts; and
    (d) any other moneys that are recommended by the Minister and Minis t ry of Finance and Economic Planning and approvesd by Parliament.
    Management of the Fund
    4. A five-member committee
    nominated from the three Councils established by this Act shall administer the Fund chaired by the Minister”.
    Bank Account for the Fund
    5. Moneys for the Fund shall be paid into a bank account opened for the purpose by the Council established under this Act and the Controller and Accountant-General.
    Accounts and Audit
    6. (1) The Council shall keep books of accounts and proper records in relation to them in the form approved by the Auditor- General.
    (2) The Council shall submit its accounts to the Auditor- General for audit within three months after the end of each financial year.
    (3) The Auditor-General shall, not later than three months after the receipt of the account, audit the account and forward a copy of the audit report to the Minister.
    (4) The financial year of the Fund shall be the same as the financial year of the Government.
    Annual and other reports
    7. (1) The Council shall within a month after the receipt of the audit report submit an annual report to the Minister covering the activities and operations of the Council for the year to which the report relates.
    (2) The annual report shall include a report of the Auditor-General.
    (3) The Minister shall, within a month after the receipt of the
    Dr Alhassan 1 p.m.
    Mr Speaker, I agree entirely with Hon P. C. Appiah-Ofori because his amendment is more detailed and looks after both financial and other reporting as enshrined in the Bill. So, except to say that the establishment of the Fund will be known as “Plants and Fertilizer Fund”, and therefore, the head notes would change.
    Then also to take the “Objects of the Fund”, everything about it is identical but to lift subclause (2)(d) and incorporate in the “Objects of the Fund” as in Hon P. C. Appiah-Ofori's amendment.
    With that, I will then support the amendment.
    Mr Boafo 1:10 p.m.
    Mr Speaker, I agree with Hon P. C. Appiah-Ofori and the Hon Chairman but there are one or two things which need to be pointed out.
    Mr Speaker, in the first place, under
    subclause (4) of the new clause, there is a provision for a five-member committee to
    be nominated from the three Councils and it is to be chaired by the Minister. I would like Hon P. C. Appiah-Ofori to explain whether the Minister is among the five or is in addition to the five.
    Mr Appiah-Ofori 1:10 p.m.
    Mr Speaker, the
    Minister is part of the five-member committee. So, the five people we are proposing include the Minister.
    Mr Boafo 1:10 p.m.
    Mr Speaker, I think the Minister is an ex officio member of the committee. [Interruptions.] Then it should be four to be nominated by the Council in addition to the Minister. The Minister, under the provisions here, apears to be an ex officio member of the committee. So, he should not be included in the five to be nominated. If there is any nomination at all, then there should be a nomination of four in addition to the Minister.
    Mr Second Deputy Speaker 1:10 p.m.
    Hon
    Members, we are dealing with the new clause, subclause (4) and it is the “Management of the Fund” and Hon Boafo is speaking to the position of the Minister and also the very number of the membership.
    Hon Boafo, kindly make your point
    again for Hon Members to follow clearly.
    Mr Boafo 1:10 p.m.
    Mr Speaker, the proposed
    amendment, as it stands now, suggests that there should be a five-member committee including the Minister to be appointed by the three Councils.
    Mr Speaker, it is inconceivable that
    the Minister will be bypassed. So, it is more suggestive that the Minister is an ex officio member of that committee. So if there is the need for the Council to appoint any members at all, it should be four in addition to the Minister to make up the five number that is required to constitute the management committee. In which case,
    Mr Second Deputy Speaker 1:10 p.m.
    Hon
    Chairman, is the Minister part of the five?
    Dr Alhassan 1:10 p.m.
    Yes.
    Mr Second Deputy Speaker 1:10 p.m.
    And if
    he is part of the five, what do you say about the rendition?
    Dr Alhassan 1:10 p.m.
    If he is part of the five,
    it means that the four will be the number to come from the Councils.
    Mr Second Deputy Speaker 1:10 p.m.
    So,
    if you look at the second rendition, a five-member committee nominated from the three Councils. So, where does the Minister come in the nomination? I hope you are with me, Hon Chairman? So that we would know exactly those who are coming from the Councils and then with the Minister, they will become five, if that is our intention.
    Mr Appiah-Ofori 1:10 p.m.
    What Hon Boafo
    said makes a lot of sense. But what we actually mean we were even looking for equal representation for the three Councils.
    So, I now amend it further. I beg to
    move, that we have a seven-member Committee out of this, six will be nominated by the three Councils. So, each Council will nominate two persons in addition to the Minister to form a seven- member committee to do that.
    Mr Boafo 1:10 p.m.
    Mr Speaker, I quite agree
    with what Hon P. C. Appiah-Ofori is saying, that will enable equal for representation from the three Councils. Because the number five -
    Mr Second Deputy Speaker 1:10 p.m.
    So, can
    you, please, help us with the formulation?
    Mr Boafo 1:10 p.m.
    I would propose the
    formulation this way:
    “A six-member committee nomi- nated from the three Councils established by this Act in addition to the Minister shall administer the Fund which shall be chaired by the Minister.”

    Mr Speaker, may I go over the rendition

    again --

    “A six-member committee nomi- nated from the three Councils established by this Act shall administer the Fund chaired by the Minister.”
    Mr Second Deputy Speaker 1:10 p.m.
    The Minister must first be made a member.
    Mr Boafo 1:10 p.m.
    Oh, sorry.
    “A six-member committee nomi- nated from the three Councils established by this Act in addition to the Minister shall administer the Fund . . .”
    Mr Second Deputy Speaker 1:10 p.m.
    We can have a full stop and then we say: “The Minister shall be the Chairman”.
    Mr Boafo 1:10 p.m.
    “The Minister shall be the Chairman”?
    Mr Second Deputy Speaker 1:10 p.m.
    Yes. So, can we have something to consider?
    “A six-member committee nomi- nated from the three Councils established by this Act together with the Minister shall administer the Fund. The Minister shall be the Chairman.”
    Prof. Ameyaw-Akumfi 1:10 p.m.
    Mr Speaker,

    why are we running away from coming up with two sentences? That would make it easier for simpletons like us to understand. Like you constructed, you have your six-member committee and then that one sentence and then the committee will be chaired by the Minister.
    Mr Second Deputy Speaker 1:10 p.m.
    But we want to make sure that the Minister is a member.
    Prof. Ameyaw-Akumfi 1:10 p.m.
    Is that acceptable?
    Mr Second Deputy Speaker 1:10 p.m.
    Yes, that is the idea.
    Prof. Ameyaw-Akumfi 1:10 p.m.
    Then, subclause 3 (d), line 3, the word “approved” should be “approve”. So it will read “. . . approve by Parliament.”
    Mr Joseph Y. Chireh 1:10 p.m.
    I think that, Mr
    Speaker, once we agree on the number and the chairmanship of the Fund, what we need to do is look at the consistency in the Act and say, for instance that:
    “The Fund will comprise -
    (a) The Chairman who shall be the Minister;
    (b) Two members from each of . . .”
    Then, you specify the Councils or just say the three Councils. But if you say the three Councils, it is ambiguous in law-making. You should say: “Two representatives from each. . .” then you mention the Council that they are coming to represent. So, once we agree on this, I would suggest that the drafters should re-arrange it in line with what we have been doing. If you see the formulation of all the Councils, we say “Chairpersons” and then “members”, so, this is what I would suggest.
    Mr Second Deputy Speaker 1:10 p.m.
    Very
    well. I think we can safely go with that so that the draftsmen would fill in the details --
    “(1 ) The Min i s t e r who sha l l
    be Chairman. (2) Two representatives each from
    the … “
    and detail the organisations. That is simple draftsman's job and I think our purpose as Parliament is very clear in this connection.
    I think, I have been fully advised in
    that connection. If we may make progress.
    Mr J. B. Aidoo 1:20 p.m.
    Mr Speaker, I am going to be very brief. Mr Speaker, subclause (c), that is “for research studies”, “research” and “study” are inter- changeable, they are the same.
    Mr Second Deputy Speaker 1:20 p.m.
    Hon
    Member, you are speaking of -
    Mr J. B. Aidoo 1:20 p.m.
    The amended clause which we are dealing with, the new clause -- 2 (c); that is “Objects of the Fund”. 2 (c) “research studies”, it should just be “research”, not “research studies”.
    Mr Second Deputy Speaker 1:20 p.m.
    2 (b)?
    Mr J. B. Aidoo 1:20 p.m.
    2 (c) “research studies” and I am saying that when you say “for research studies”, it is tautology. We should just simple say “research”.
    Mr Second Deputy Speaker 1:20 p.m.
    So it should read “research and investigations, relating to fertilizer?
    Mr J. B. Aidoo 1:20 p.m.
    Yes.
    Mr Second Deputy Speaker 1:20 p.m.
    Chairman of the Committee, shall we adopt what you described as the detailed proposal of Hon Appiah-Ofori and then we
    will look at it vis-a-vis yours?
    Dr Alhassan 1:20 p.m.
    Yes, except that in clause 3 (d),
    “Sources of money for the Fund are and other moneys that are recommended by the Minister and Ministry of Finance and Economic Planning and approved by Parliament.”
    Mr Francis Addai-Nimoh 1:20 p.m.
    Mr Speaker, under subclause (1) of this new clause, in order to qualify the Fund so that there is no ambiguity for one to interpret it as a private Fund, I want to submit that we introduce the word “public”between “a” and “Fund”. “There is established by this Act a public Fund” and that will be consistent with the 1992 Constitution which allows for Consolidated Fund, the Contingency Fund and public funds.
    So I want to submit that we insert the word “public” between “a” and the “Fund” so that we qualify it.
    Mr Appiah-Ofori 1:20 p.m.
    Mr Speaker, there is no need for that. Look at our Common Fund, we do not add “public” to it; our Consolidated Fund, we do not add “public”. There are various public Funds and we do not use the word “public”. So please, let us drop it and let us go on with what is there.
    Mr Addai-Nimoh 1:20 p.m.
    Mr Speaker, I am just coming from the point of view of our 1992 Constitution. In the 1992 Constitution, we have the Consolidated Fund and in there, there will be so many accounts which are managed under one Consolidated Fund. And the same Constitution also talks about the Contingency Fund and any other public Fund.
    I do agree that the Common Fund is one of the public funds we have, the
    Dr Alhassan 1:20 p.m.
    Mr Speaker, that is completely unnecessary. The example he gives lends support to what is in the Bill. He just mentioned District Assemblies Common Fund, Ghana Education Trust Fund (GETFund) as public funds. And this is Plants and Fertilizer Fund, which is also a public fund. So I do not know why we have to go further to qualify it with “ public”.
    Mr Second Deputy Speaker 1:20 p.m.
    Very well, we will make progress.
    Hon Members, any other amend- ments? For the avoidance of doubt, now, the main document is the Hon Appiah- Ofori's version as the Chairman has agreed so that we are not in any doubt. Whatever we think we would want to bring to right, we will bring it from the left to the right but we are operating from page 7, basically. I hope you are with me?
    Mr Boafo 1:20 p.m.
    Mr Speaker, can I move to page 8?
    Mr Second Deputy Speaker 1:20 p.m.
    Yes, Hon Boafo, you may do so.
    Mr Boafo 1:20 p.m.
    On bank account for the Fund, Mr Speaker, I think that this is a public fund and the one who is entitled to open the Fund is the Controller and Accountant-General and not the Council. The Council can write to the Controller and Accountant-General and he will, with the approval of the Minister for
    Mr Second Deputy Speaker 1:20 p.m.
    And it
    appears -- what is here deals with both the legal requirement and the practicality of it.
    Dr Alhassan 1:20 p.m.
    Mr Speaker, I just want to say that, for us to make progress, we could look at other best practices as passed by this House. We recently passed the Public Utilities Regulatory Commission (Amendment) Bill and perhaps the rendition in that one could be adopted to serve our purpose. To also just remind us, we should not be talking about “Council” but “Ministry” in this particular case. “Moneys for the Fund shall be paid into a bank account opened for the purpose by the Ministry” and not “Council”. Just to draw our attention to that.
    Mr Boafo 1:20 p.m.
    Mr Speaker, the earlier submission by him is more acceptable, that we should leave it to the draftsmen to adopt the previous rendition that we used in the passage of the Public -
    Mr Second Deputy Speaker 1:20 p.m.
    Chairman of the Committee, a consensus on that so that we move forward. Yes, any further -
    Mr Boafo 1:20 p.m.
    Mr Speaker, under paragraph 6 (4) - it is stated,
    “The financial year of the Fund shall be the same as the financial year of the Government.”
    Mr Speaker, this is a body which is being established within the Ministry and
    sible for Agriculture may require in writing.”
    Dr Alhassan 1:20 p.m.
    Mr Speaker, honestly, I do not think that amendment is necessary. It is a committee of Parliament responsible for Agriculture and it should be so. Some day, Parliament may decide that, the committee be a Standing one. So it should be a committee of Parliament.
    Mr Second Deputy Speaker 1:20 p.m.
    Select and Standing, term of art. Do we want those details to appear in the Bill just in case sometime to come, there is a change in the status, that alone may call for amendment of the Bill?
    Hon Boafo, is it something you would want to press?
    Mr Boafo 1:20 p.m.
    Mr Speaker, no.
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Boafo would not want to press further.
    Any other amendments? Any other
    proposals?
    Prof. Ameyaw-Akumfi 1:20 p.m.
    Mr Speaker, this is for my education. Item 7 (2) --
    “The annual report shall include a report of the Auditor-General.”
    Mr Speaker, if I recall correctly, this issue was debated when we were discussing another Bill in which we said that the Auditor-General's Report comes directly through Parliament and that an annual report from a Ministry or from an agency could come without - I do not know, I stand to be corrected. This is why I said, for my education. I do not know precisely what was concluded.
    Dr Alhassan 1:20 p.m.
    Mr Speaker, I thought that an annual report would always come with an audited report of the organization and so, it does not cause any problem making the demand. The annual report
    Finance and Economic Planning, open the account. This came up recently when we were dealing with one of the Bills -- the Urban Transportation Bill and we had to stand it down for consultation and eventually, we came to this rendition that the accounts are opened by Controller and Accountant-General with the approval of the Minister for Finance and Economic Planning; it is not the Council and that is what is provided under the Financial and Administration Act.
    Mr Appiah-Ofori 1:20 p.m.
    Mr Speaker, the Controller and Accountant-General cannot on his own open an account. He opens the account, for example, if Parliament decides to open an account and he joins. But since he is not even a signatory to the Parliament account, he does not come in. He comes in when he is a signatory to the account; if he does not sign, it has nothing to do with him. So it is true that any time you open a public account, where the Controller and Accountant-General has a hand in it, he and the institution together open - [Interruption.]
    So the Controller and Accountant- General cannot on his own open any account under the sun. He does it with the institution involved and therefore, we have to go by what is here.
    Mr Second Deputy Speaker 1:20 p.m.
    The explanation is that this is a conjunction act by the Council and the Controller and Accountant-General. So everybody will be expected to do what should be expected of him or her.
    Mr Pelpuo 1:20 p.m.
    Mr Speaker, when we talk about the Council opening an account, it is not different from the process that any other public organization must follow

    we know that the Ministry is part of the Government and the financial year is from January to December. There is no need for it to be - it is a surplus age. So, my proposal is that this should not appear in the Bill at all.
    Mr Second Deputy Speaker 1:20 p.m.
    Does it spoil anything to have it there?
    Mr Boafo 1:20 p.m.
    Mr Speaker, for purpose of consistency and elegance, we must appear to be consistent and elegant with the passage of the Bill. We have consistently been deleting references to the financial year when we come to dealing with Ministries and other public institutions.
    Mr Appiah-Ofori 1:30 p.m.
    Mr Speaker, we have passed so many financial Bills in which such provisions have been catered for, that the financial year of “X” is the same as the financial year of the State. It does not make any difference, so let us retain it.
    Mr Second Deputy Speaker 1:30 p.m.
    If it is not acceptable to the draftsmen in terms of uniformity, it can go.
    Any other amendments?
    Mr Boafo 1:30 p.m.
    Mr Speaker, on 7 (4), there is reference to a Committee of Parliament responsible for Agriculture. Mr Speaker, we have Standing and Select Committees, so, I believe the draftsmen will insert the appropriate reference.
    Mr Second Deputy Speaker 1:30 p.m.
    So, Hon Boafo, if you can just give us the rendition.
    Mr Boafo 1:30 p.m.
    The rendition is --
    “The Council shall also submit to the Minister any other report which the Minister and the Select Committee of Parliament respon-
    Mr Boafo 1:30 p.m.
    Mr Speaker, I was just discussing with Hon Prof. Ameyaw- Akumfi that this particular requirement relates to annual reports and not the Auditor-General's Report. It is the annual report which is required to be submitted to the Minister. But for the direct submission of the Auditor-General's Report, that is, to Parliament. But it is the annual report which is required here to be submitted to the Minister, so there is no infringement.
    Mr Second Deputy Speaker 1:30 p.m.
    And
    could it be mandatory that they should also make the Auditor-General's Report as presented, available in their report? Is that the intention?
    Dr Alhassan 1:30 p.m.
    Mr Speaker, exactly so. That is the intention. It is not to say that, the Auditor-General should submit a report to them but it should include the report. That is it. We know that, the Auditor-General submits its report to Parliament. It says that, the annual report of the Fund should include the Auditor- General's Report.
    Mr Boafo 1:30 p.m.
    Mr Speaker, I think the distinction here is that what is required to be submitted to the Minister is the audited account and not the Auditor-General's Report. “The Council shall within a month after the receipt of the audit . . ..” So, it should be “audited accounts” and not “audit report”.
    Mr Second Deputy Speaker 1:30 p.m.
    Because the audited accounts could be different from the Auditor-General's Report.
    Mr Boafo 1:30 p.m.
    Mr Speaker, precisely so.
    Mr Gabriel K. Essilfie 1:30 p.m.
    Mr Speaker, I disagree because we all know that these Funds are to be audited by the Auditor- General. So the audit report is the Report of the Auditor-General and you cannot have an annual report without an audited
    financial statement on which a report is submitted by the Auditor-General. Therefore, if he is saying here that the annual report shall include a report of the Auditor-General, it is referring to the audit report on the accounts of the Fund. So, I really do not see why we should exclude the Auditor-General's Report.
    Mr Second Deputy Speaker 1:30 p.m.
    Could we have the report giving us all audited reports and the report of the Auditor- General? I am looking at the situation whereby the body may have its own audited report over and above and separate from the Auditor-General's Report and the Council may want to see all.
    Chairman of the Committee, are you with me as to the possibility, so that in fact, it would be all audited accounts as well as the Report of the Auditor-General? Whatever accounts have been audited, the Council wants to have submitted, then, we solve our difficulty, if any.
    Dr Alhassan 1:30 p.m.
    Mr Speaker, if it is to change it to audited accounts, that is fine.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Boafo, if we use the generic “audited accounts” would that satisfy -
    Mr Boafo 1:30 p.m.
    Mr Speaker, that is why I earlier said that if we could substitute “audited accounts” for “audit report”.
    Mr Second Deputy Speaker 1:30 p.m.
    The annual report shall include all audited accounts.
    Mr Boafo 1:30 p.m.
    Mr Speaker, yes. “The annual report shall include all audited accounts.” Mr Speaker, earlier, the reference to audit report under 7 (1), line 2, instead of “audit report”, we should substitute “audited accounts”.
    Mr Second Deputy Speaker 1:30 p.m.
    So 7 (1) line 2 should be “audited accounts” in substitution for “audit report”. So that
    the committee as an annual report but the question that they will ask is, has it been audited? If it is not audited, are the people who are going to look at these accounts all have the accounting eye to see whether the accounting has been properly done or not?
    So, it was one of the issues that Hon P. C. Appiah-Ofori said that he did not want to be “shall include”, it “may include”, so that without the audit report, a report can come to Parliament by the person. The Auditor-General is not obliged to submit to the Hon Minister before he includes it and embrace it, but any audit that is worth considering has to be given to the management to implement even before the Auditor-General submits what he has done.
    So, as we have with the management considering the issues raised in the audit, Parliament is also seized with the report of the same thing. And alongside the PAC inviting the previous Ministers and the agencies, the question is whether they have started implementing even the audit reports as submitted to them by the Auditor-General. So I am saying that, we can change the word “shall” to “may” in (2), and secondly, we should not create a distinction where there is none between audit report and audited accounts.
    Mr Boafo 1:30 p.m.
    Mr Speaker, an audited accounts is simply quite different from the Auditor-General's Report. The Auditor- General's Report is very comprehensive, we have seen it in this House. And if you pick an audited account of any corporate company, you will see that the report of the auditor is very small, it is not like the Auditor-General's Report that we see in this House. There is a lot of difference between audited accounts and the Auditor- General's Report. That is why we have to maintain that distinction.
    If my Hon Minister is familiar with

    it shall read,

    “The Council shall within a month after the receipt of the audited accounts . . .”

    and then (2),

    “The annual report shall include all audited accounts in whatever form.”
    Mr Chireh 1:40 p.m.
    Mr Speaker, the one who is moving this amendment is the veteran Hon P. C. Appiah-Ofori. The problem we have always had with this rendition is that we are trying to separate audit reports from audited accounts. Those of us who are accountants know that after an audit is conducted, a report is issued. I do not know of any situation where you have some accounts and then audited accounts. The audit is an activity into the accounts and you would issue a report on it.
    When we want to make this distinction between Auditor-General's Reports and the audit report, there is none because as a public institution, even if the Auditor- General appoints an independent or a private auditor, he has to adopt that person's report and submit it to Parliament. I do not think that we should be confusing ourselves with Auditor-General's Report as confined to Parliament alone, no! It is just that the Councils, the Boards which are actually the ones which will look at the audit report and have directions to the management, should also be recipients.
    The matter I want to raise is the issue of “shall include”. It means that no report will come here, annual report will come here if there is no audited accounts. But that should not also be the case; we can say “may include the audited account”. If you say so, it is still a report of the audit that is coming here, they are not different. The accountants can challenge me but I know they are not different, because you can send financial transaction accounts to
    Mr Second Deputy Speaker 1:40 p.m.
    And (2).
    Mr Boafo 1:40 p.m.
    Mr Speaker, the (2) will be:
    “Annual report may include all audited accounts,
    Mr Second Deputy Speaker 1:40 p.m.
    Do you now want to abandon “shall” for “may”?
    Mr Boafo 1:40 p.m.
    Mr Speaker, yes, in consonance with -
    Mr Second Deputy Speaker 1:40 p.m.
    The point is that it may not then be mandatory. If you present a report and the audited accounts are not immediately available, you will be allowed to bring them. But if we use “may”, the fear is that they would have satisfied the requirement by bringing one and leaving the other and you cannot say they have not done what is required of them by the law.
    I think that could be quite dangerous. But if you shall do both, then when you present one and the other is not available, you have to explain to a competent authority why they must wait a bit to receive that one.
    So, Hon Boafo, if you may conclude (2) and then we proceed.
    Mr Boafo 1:40 p.m.
    Mr Speaker, in consonance with Hon Speaker's hints, (2) will read:
    “The annual report shall include all audited accounts.”
    Mr Second Deputy Speaker 1:40 p.m.
    Any other amendments?
    Dr Alhassan 1:40 p.m.
    Mr Speaker, just, maybe, for the drafters to take care, that even though it is one Fund, three different councils and therefore in all cases, wherever there is reference to “Council” there must be “councils”. They will submit three different reports, so that has been taken care of particularly in 6 (1), 6 (2), 7 (1) and 7 (4).
    Question put and amendment agreed to.
    The new clause as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 1:50 p.m.
    Hon Members, the Long Title -
    The Long Title ordered to stand part of the Bill
    Mr Boafo 1:50 p.m.
    Mr Speaker, I hope the Table will take cognizance of the preamble to the enacting formula.
    Mr Second Deputy Speaker 1:50 p.m.
    Very well, Hon Boafo.
    Hon Members, that bring us to the end of the Consideration Stage of the Plants Bill, 2009.
    Dr Alhassan 1:50 p.m.
    Mr Speaker, there is a proposed amendment which is not advertised, and it is about the title. The suggestion is that, the Short Title should be Plants and Fertilizer, Act 2009, to give expression to the fertilizer component of the Bill. The idea is that, if investors were looking for the legal regime that regulates the fertilizer industry and it is just Plants Act, it may not be very apparent. Until you read the whole of the Act, you will not know that it covers fertilizer. So, the suggestion is to say, “Plants and Fertilizer Act”.
    Mr Boafo 1:50 p.m.
    Mr Speaker, we have three parts of the Bill, we have plants seeds and fertilizer and I do not understand why the Chairman should choose two parts and leave the seed. We were not told in the Interpretation column that plant includes seed. And I am subject to correction.
    Mr Second Deputy Speaker 1:50 p.m.
    Does plants necessarily include seed? Shall it be all inclusive for the avoidance of doubt, since we are talking about three things?
    Dr Alhassan 1:50 p.m.
    Mr Speaker, we felt that, of course, if we were talking about plants, seeds certainly will be a component. But fertilizer is not necessarily applied to only plants. We have fertilizer applied to fish ponds for the benefit of iodine generation for fish. So, “Plants and Fertilizer” will be a better rendition.
    Mr J. B. Aidoo 1:50 p.m.
    Mr Speaker, the Chairman is right because when you say plant, you are talking about the seed, the leaves, the roots, all the parts. So, plant in itself includes seeds and fertilizer is a different thing. I support the Chairman.
    Prof. Ameyaw-Akumfi 1:50 p.m.
    Mr Speaker, it is so refreshing to hear from non biologists trying to explain the composition of plants. In fact, we are dealing with botany and botany includes all of that. So, I support the Chairman.

    Question put and amendment agreed to.

    The short title as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 1:50 p.m.
    Hon Members, that brings us to the end of the Consideration Stage of the Plants and Fertilizer Bill, 2009.
    Hon Members, for the avoidance of doubt, taking into account the time and the state of business in the House, I direct that under Order 40 (3) Sitting be extended beyond the regular period.
    Mr Avoka 1:50 p.m.
    Mr Speaker, that is the situation. We will take items 7 and 8.
    Mr Second Deputy Speaker 1:50 p.m.
    Item 7 -- Motion -- Minister for Food and Agriculture?
    Mr Avoka 1:50 p.m.
    Mr Speaker, may I crave your indulgence to permit the Hon Deputy Minister for Food and Agriculture to move this Motion because the Hon Minister is engaged elsewhere.
    Mr Boafo 1:50 p.m.
    Mr. Speaker, I have no objection to the request.
    Suspension of Standing Order 131 (1)
    Deputy Minister for Food and Agriculture (Mr Yaw Effah-Baafi) (on behalf of the Minister for Food and Agriculture): Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131 (1) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least twenty-four hours have elapsed, the motion for the Third Reading of the Plants Bill, 2009 may be moved today.
    Mr Joseph Y. Chireh 1:50 p.m.
    Mr Speaker, I
    beg to second the Motion.
    Question put and motion agreed to.
    Resolved accordingly.
    BILLS - THIRD READING 2 p.m.
    Mr Second Deputy Speaker 2 p.m.
    Item
    9 - Motion - Majority Leader/Leader of the House -
    Mr Avoka 2 p.m.
    Mr Speaker, I will plead that we defer Motion numbered 9 and its consequential Motion number 10 for consideration next Tuesday. .
    Mr Second Deputy Speaker 2 p.m.
    Majority Leader, it is still not 2 o'clock, yet any indication?
    Mr Cletus A. Avoka 2 p.m.
    Mr. Speaker, today is Friday and I think that Hon Members, including yourself and the Clerks-at-the-Table have done very well Sitting up here till 2 o'clock. Ordinarily, Fridays are days that we close early for Hon Members to travel to their constituencies and for other engage-ments. That would have been around 12 o'clock but we have done well by Sitting up to 2 o'clock.
    In these circumstances, I am of the opinion that we take an adjournment until Tuesday, at 10 o'clock.
    Thank you.
    Mr William O. Boafo 2 p.m.
    Mr Speaker, I beg to second the Motion in view of the fact that we are being asked to leave the House by the workers. The workers are pushing us out of the House already. So
    the Motion is in order.
    Mr Avoka 2 p.m.
    Special Announcement. Mr Speaker, you would recall that, we were to meet here this morning but we could not do so and as I indicated, time is also far spent. Besides, there is too much noise coming from up there. May I kindly crave your indulgence so that we have the meeting on Tuesday, 8th June, 2010 at 9 o'clock in the morning before Sitting. Let us have the special Committee of the Whole on Tuesday before the plenary.
    Question put and motion agreed to.
    ADJOURNMENT 2 p.m.
  • The House was adjourned at 2.04 p.m. till Tuesday, 8th June, 2010 at 10.00 a.m.