Debates of 8 Jun 2010

MADAM SPEAKER
PRAYERS 11 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11 a.m.
Madam Speaker 11 a.m.
Hon Members, Correction of Votes and Proceedings of Friday, 4th June, 2010.
Pages 1 . . . 13 --
Dr Ahmed Y. Alhassan 11 a.m.
Madam
Speaker, on page 13, item xxxii, clause 122, the sentence should read: “In Part III, add: “reference solution, means a solution of known concentration used as a standard of comparison or analysis”, “not ‘of' analysis”.
Madam Speaker 11 a.m.
Thank you.

The Votes and Proceedings of Friday, 4th June, 2010 as corrected, is adopted as the true record of proceedings.

Now we move to item 3- Questions; Hon Majority Leader?
Mr Cletus A. Avoka 11 a.m.
Madam Speaker, the Hon Minister for Water Resources, Works and Housing is available for Question time.
ORAL ANSWERS TO QUESTIONS 11 a.m.
MINISTRY OF WATER RESOURCES 11 a.m.
WORKS AND HOUSING 11 a.m.
Minister for Water Resources, Works and Housing (Mr Alban S. K. Bagbin) 11:10 a.m.
Madam Speaker, there are not just plans to rehabilitate or re-construct but the first phase of the Axim Coastal Protection works was awarded in March, 1997 at a cost of GH¢22,013.27 to be completed that time in six months. As of August 1998, the works had been substantially completed with the construction of a system of gabion groynes, an access road and a box culvert, thus effectively halting erosion at the most critical portion of the eroding beach.
Madam Speaker, there is the need, however, to implement the second phase of the project to complete the works. This place will include tidying up the Phase I works, if necessary. However, lack of funds has not yet made this possible. The Ministry is still sourcing funds to implement Phase II of the protection structure and other coastal protection works along other parts of the nation's shoreline.
Currently, some investors have expressed interest in addressing the coastal erosion problems along critical sections of the Ghanaian coast, including the Axim coastal stretch. Feasibility studies are ongoing with the intention of undertaking the projects on turnkey basis.
Mrs Afeku 11:10 a.m.
Madam Speaker, I would like the Hon Minister to please elaborate on the feasibility studies he is talking about, what stage they have reached and if possible, to let the House know the names of these consultants involved in the feasibility studies.
Mr Bagbin 11:10 a.m.
Madam Speaker, I

So I do not have it here with me but I can get her the name and they are doing the job and in fact, they want to, after that, get the opportunity to implement the project. But we are talking to them, we are dialoguing with them and definitely, the national interest will reign supreme.
Mrs Afeku 11:10 a.m.
Madam Speaker, I would
like to ask the Hon Minister if they would consider putting this in the upcoming budget. The people of Upper Axim, particularly Amanfulkuma, Brawire are truly suffering, and with this sea defence wall threatening their little meagre life as fisherfolks, I would like to know, in the interim, while the feasibility studies are being prepared, what the Government can do to assuage their fears of losing their livelihood.
Mr Bagbin 11:10 a.m.
Madam Speaker, what
Government can do is to, as much as possible, fast track the process. And in fact, it is not just the Axim coastal stretch but the whole coastal shoreline will have to be protected. The studies that we have so far show that the sea is rising between two and six millimetres annually and within the next few years, a lot of our land will be run over by the sea. Therefore, Government is taking urgent measures to try and solicit funds and support to be able to protect that.
As of now, we are called upon to rush to the Akyinim area, which is in the Volta Region because the construction of the Keta Sea defence wall has directed the strength of the waves to that area and about a few villages are under serious threat.
Within the next few months, if something is not done, twenty thousand lives will be in danger. So that is where we focus now. But the Axim one is also an urgent one that is being considered.
Mrs Afeku 11:10 a.m.
Madam Speaker, is the
Hon Minister telling this House that the Volta coastal issue is more important than the one at Axim? I am taken aback. This is because he is saying that the priority right now is on the Keta Sea defence wall but these are people of Axim and I represent them and the people of Anto-Brawire and Amanfulkuma are equally suffering. So I would likehim to come back again and give me some kind of hope, that ours is also a top priority just like the people of the Volta Region.
Mr Bagbin 11:10 a.m.
Madam Speaker, I admire
the passion of the elected representative of the people of Axim but definitely, it is better to be truthful than to be trying as much as possible, to make a political statement that can palliate the passion of my Hon Colleague. I was just being candid with her as a very good Friend. I am not saying that the Axim project is put on the back burner. That is not the issue but I was drawing her attention to the other urgent calls.
Axim is one but definitely, one has to start from one before going to two and one cannot start with two things. Even though the Question is on Axim and I am telling her the fact, I am just drawing her attention to one of the actions that the Government is taking urgently to respond and that will also receive the same response from Government on the issue concerning Axim. So, please, the Hon Member should hold her guns and get in touch with the Ministry and we will try as much as possible to fast track the project.
Mr Joe K. Gidisu 11:10 a.m.
Madam Speaker, it is really interesting. The Colleague Hon
Mr Osei Kyei-Mensah-Bonsu 11:10 a.m.
Madam Speaker, the Hon Member who just spoke, the Minister responsible for Roads and Highways knows that what he attempted to do by mentioning the Hon Member, offends our rules. He knows that and I wish that he did not say what he said.
But Madam Speaker, the Hon Minister has hit the nail right on the head when he said that - [Interruption.] The Hon Minister alludes to the fact that once you construct a sea defence wall, the effect of the rampaging tides will then be shifted elsewhere. He then said that because of that they are attending to some serious concerns, which is right.
But is the Hon Minister then saying that, for as long as the problems keep shifting, attention will be focused there? Because there are other areas that are also really suffering the encroachment of serious tidal waves in the country.
Mr Bagbin 11:20 a.m.
Madam Speaker, I totally
agree with the Hon Minority Leader. The programme is to have a comprehensive project to complete the protection of the total coastline of our nation. The cost implications are huge, the technical know- how is quite limited. But together with the University of Ghana, where I got the studies and the facts that I was alluding to, we are trying to make sure that we get enough support from some development partners to do it on turnkey basis so that the pressure could be shared for so many years.
So that is being done. We recognised that areas like Chemu and Sekondi/ Takoradi are also seriously under threat.

So those studies are there and we are looking at a comprehensive programme to be able to do all as we go along.
Mr Ahmed Ibrahim 11:20 a.m.
Madam Speaker,
I have with me the 2010 Budget and in paragraph 332, it says that:
“Government continued with the routine maintenance of the coastal protection programme at . . . Axim.”
I want to know from the Hon Minister, whether this routine maintenance is different from the rehabilitation we are asking for.
Mr Bagbin 11:20 a.m.
Madam Speaker,
definitely, yes. The routine maintenance is on daily basis. You have people on the spot putting in a few remedial actions but when you are dealing with rehabilitation, it involves much more investments and much more work. And since from the 1990s to 2010, there is quite some time and there is some wear and tear that needs some rehabilitation and with the new phase -- the second phase, we would have to factor in that rehabilitation as part of the cost of the second phase of the project and that is what I talked about.
Madam Speaker 11:20 a.m.
Yes, thank you.
Hon Members, in respect of Question numbers 373 and 374 respectively, standing in the names of the Hon Member for Fanteakwa, Mr Kwabena Amankwa Asiamah and Hon Member for Nkwanta North, Mr Joseph Kwaku Nayan, the desired Answers indicated by the Hon Members on the Question form were written ones.
In accordance with Standing Order 64 (4), the Clerk's office has duly com- municated in writing to the Hon Members the responses from the Hon Minister.
Hon Members, therefore, pursuant to the specified Standing Order, I hereby direct that the Answers to Questions
numbers 373 and 374 be printed in the Official Report of today's proceedings.
WRITTEN ANSWERS TO 11:20 a.m.
QUESTIONS 11:20 a.m.
MINISTRY OF WATER RESOURCES, 11:20 a.m.
WORKS AND HOUSING 11:20 a.m.
Minister for Water Resources, Works and Housing (Mr Alban S. K. Bagbin) 11:20 a.m.
Madam Speaker, as part of the rehabilitation and expansion of the Begoro Water treatment plant, Ghana Water Company Limited (GWCL) continued the rehabilitation of the existing water supply system by the repair of the dam structure and refurbishment and replacement of old plant and equipment.
GWCL, in line with its medium term plan for the Begoro water supply system, drilled three (3) boreholes with the intention to increase water production in order to improve water supply in Begoro and its environs. The boreholes have good yields but with high concentration of iron, which is injurious to the health of the people.
Messrs DGE Group of Denmark has offered to install on pilot basis, a biological iron removal plant to make the borehole water good for human consumption. We expect to operationalise the pilot scheme before the end of December, 2010.
In the long-term, GWCL is currently in discussion with China National Machinery and Equipment Import and Export Corporation, which has submitted technical proposals to rehabilitate and expand the system to meet 2025 water demand of Begoro.
Nkwanta North (Damanko-Kpassa) Water Project (Completion)
Q. 374. Mr Joseph Kwaku Nayan asked the Minister for Water Resources, Works and Housing when the Nkwanta North (Damanko-Kpassa) Water Project would be completed and inaugurated.
Mr Bagbin 11:20 a.m.
Madam Speaker, the Damanko-Kpassa water supply project in the Nkwanta North District was initiated under the DANIDA financed District- Based Water and Sanitation Project in 2007. However, due to inability to raise the necessary capital, financing of the project had to be taken up by the British Government through DFID and the Government of Ghana.
Madam Speaker, the total cost of the project of GH¢4,289,092.44 is being funded by contributions of GH¢2,052,492.44 and GH¢2,236,600.00 by the British Government and the Government of Ghana respectively.
Madam Speaker, the construction of the transmission, distribution network and storage tanks have been completed. Works on the intake have been delayed due to flooding of the intake site in 2008 and 2009. It is projected that works at the intake would be completed by the end of September, 2010 for the system to be operational. About 56,000 inhabitants in the Nkwanta North District will be provided with guaranteed safe water supply on completion of the project.
Madam Speaker 11:20 a.m.
We now move to the next Question which stands in the name of Hon. Theophilus Tetteh Chaie (Ablekuma Central)
ORAL ANSWERS TO QUESTIONS 11:20 a.m.
MINISTRY OF WATER 11:20 a.m.
RESOURCES, WORKS AND 11:20 a.m.
Minister for Water Resourcves, Works and Housing (Mr Alban S. K. Bagbin) 11:20 a.m.
Madam Speaker, the construction of the Mataheko storm drain is ongoing. Phase I of the project was started in 1990 and completed in 2001. The works involved the construction of an underground rec-tangular drainage system over a length of 1 kilometres.
Phase II of the project was started in 2008 and completed in March 2010. The works involved the construc-tion of an underground rectangular drainage system over a length of 1.2kilometres. Thus the total length of drain constructed is 2.2 kilometres. The remaining length to be protected is about 1.5 kilometres. This would be undertaken as soon as funding is secured.
Mr Chaie 11:20 a.m.
Madam Speaker, in his Answer, he stated that the remaining length to be protected is about 1.5 kilometres and that is the worst affected area in terms of the floods. I would therefore like to enquire from him whether he would

consider embarking on a working visit to the area to acquaint himself with the extent of damage caused by the flooding in the area.
Mr Bagbin 11:20 a.m.
Madam Speaker, I thank my Colleague for the prompting. But even without this prompting, I have already started touring the drainage areas of the city and I agree that there is the urgent need for us to address these drains to avoid flooding of our cities. So work is already being done and I am touring the areas and that is one of the areas I would visit.
Curbing of Annual Floods at Abossey Okai Spare Parts Area/
Mataheko Takoradi Station.
Q. 376. Mr Theophilus Tetteh Chaie asked 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 became a thing of the past.
Mr Alban S. K. Bagbin 11:20 a.m.
Madam
Speaker, the areas under reference are drained by a network of drains, namely, the South Kaneshie drain which runs through Abossey Okai area; the Kaneshie drain which runs along the Kaneshie market, and its tributary which runs from Mataheko through the Takoradi Station to link the main Kaneshie underground drain.
Madam Speaker, measures taken so far to control flooding in the area includes the removal of all obstacles in the drains to permit free flow of storm water.
In addition, surveying for the re- design of the drain outlet away from the congested Kaneshie underground drain is in progress. The implementation of the re-designed drainage scheme is expected to alleviate flooding in the area.
I believe when this is executed, the issue of flooding would be a thing of the
past in the area.
Mr Chaie 11:20 a.m.
Madam Speaker, in the Hon Minister's Answer, he stated that so far, his Ministry had been able to remove obstacles in the drain and therefore, this is allowing the free flow of storm water. But my question is, when you look at properties on the waterway, these properties have not been removed and I am very sure that when these properties are removed, it would go a long way to ensure that the place would not be flooded. What is his Ministry doing to ensure that these properties are removed from the waterway?
Mr Bagbin 11:20 a.m.
Madam Speaker, may
I request for further and better particulars because I do not know the properties he is talking about on the drains. What are the properties on the drains? Or he is talking about properties along the waterways that abound the area but not on the drains? Is that what he is talking about?
Mr Chaie 11:30 a.m.
Some of the properties are within the waterways, others are also aside the waterways and these are properties that we need to remove in order to allow free flow of water.
Mr Bagbin 11:30 a.m.
Madam Speaker, in my
tour of the areas, I am trying, as much as possible, to get the co-operation of the inhabitants along the drains to understand the risk involved and the illegality of some of the structures that are put there, and to agree and support us to remove them and re-develop the area.
In fact, the intention is even to build some concrete wall to prevent people from moving close to the drains and dumping refuse and debris into the drains. So that is ongoing. We are doing the education and when we succeed along that line, we would be able to remove those illegal and makeshift structures. Some are temporal and very unsightly and any time we have the floods, they rather call on Government to come to their support. And I think that so far, we have got serious co-operation
from the inhabitants.
Mr Chaie 11:30 a.m.
I am done, thank you.
Madam Speaker 11:30 a.m.
The next Question stands in the name of Hon Charles Hodogbey, Member for North Tongu.
Mr David T. Assumeng 11:30 a.m.
Madam Speaker, Hon Charles Hodogbey has asked me to seek your permission to ask the Question on his behalf since he is indisposed.
Madam Speaker 11:30 a.m.
All right.
Building and Construction Industry (Dependency on Foreign Materials)
Q. 377. Mr David T. Assumeng (on behalf of Mr Charles S. Hodogbey) asked the Minister for Water Resources, Works and Housing what plans the Ministry had to reduce dependence on the use of imported materials in our building and construction industry.
Mr Alban S. K. Bagbin 11:30 a.m.
Madam Speaker, the use of local building materials requires a multi-sectoral approach involving the Ministries of Trade and Industry for production, Environment, Science and Technology for research and Water Resources, Works and Housing for technology dissemination and promotion through constructional activities.
To promote the production and usage of local building materials, the Ministry of Water Resources, Works and Housing between October 7 and 8, 2009, sponsored a National Housing Conference organized by the Building and Road Research Institute. At the end of the said conference, a communiqué was issued on the low level of public and private commitment to the use of local building materials such as bricks, pozzolana and so on.
The Ministry, in collaboration with
Madam Speaker 11:30 a.m.
Yes, any more questions? [Pause.]
Hon Minister for Water Resources, Works and Housing, thank you very much for attending upon the House to respond to our Questions.
I think that is the end of Questions for you.
Thank you for coming.
We move on to item 5 then -- Laying of Papers.
Item 5(a), Attorney-General and Minister for Justice.
PAPERS 11:30 a.m.
Madam Speaker 11:30 a.m.
Item 5(c)(i), Hon Chairman of the Committee?
rose
Madam Speaker 11:30 a.m.
Yes, Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 11:30 a.m.
Madam Speaker, the Paper that has been laid by the Hon Attorney-General and Minister for Justice. -- I do not like this rendition of “Minister for Justice” and so on. And I think that the correct designation is “Minister of Justice” and not “Minister for Justice”. The Minister - if you want to use “for”, it should come with the full compliments:
“The Minister responsible for Justice;”;not “Minister for Justice.”
But Madam Speaker, the critical issue that I want to raise is in respect of the laying of the Paper for item 5(a); the Commission on Human Rights and Administrative Justice (Investigations Procedure) Regulations, 2010 (C. I. 67), is it for the Hon Attorney-General and Minister for Justice or the Majority Leader to lay it as an independent governance
institution - constitutional? I am not too sure, that is why I am asking.
Madam Speaker 11:30 a.m.
Hon Majority Leader, any comments? We have already laid it but he is -
Mr Avoka 11:30 a.m.
Well, it is one of the independent bodies but the Attorney- General and Minister for Justice normally can prosecute their matters in this House. So, I do not think it detracts. We would take note of it. But it does not detract from what has already taken place because when they go to Cabinet, I would not be there to prosecute, it is the Attorney-General and Minister for Justice who does it.
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Madam Speaker, as for the Majority Leader saying that the Attorney-General has been prosecuting their matters in this House, I disagree. It is not for the Attorney-General to do that. If there is a matter relating to the Electoral Commission, it is not for the Attorney-General to do that. So I disagree with him. That is why I am saying I am not too sure; I need the guidance of Madam Speaker.
Madam Speaker 11:40 a.m.
I want the Leaders to iron this thing out. [Pause.]
Yes, the Hon Member for Sekondi, Papa Owusu-Ankomah.
Papa Owusu-Ankomah 11:40 a.m.
Madam Speaker, the Hon Minority Leader has referred to the Majority Leader also adding the designation, “Leader of the House”.
When it comes to certain functions, the Majority Leader acts in his capacity as Leader of the House. When he is laying Papers, he lays the Paper in his capacity as Leader of the House. I would have thought that the Hon Minority Leader would say that instead of preceding the designation,“Leader of the House” with “Majority Leader”, he would just state: “Leader of the House”. I did not hear him say that. If that is what he meant, I agree with him.
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Madam Speaker, precisely, the import of what I said, that if you write: “Leader of the House,” you do not need “Majority Leader” for anything. But for four years, he was part of the regime that resisted that the Majority Leader should not be described as the Leader of the House. [Interruptions.]
He was --2001, 2004, he was here. But of course, I accept the principle that the Majority Leader is the Leader of the House and I entreated the extinct former Majority Leader - [Laughter] -- He is no longer the Majority Leader; he is defunct and extinct.
Madam Speaker, I encourage that indeed, the Majority Leader is the Leader of the House. But when you write: “Leader of the House”, you do not need “Majority Leader” for anything. This is because as has been canvassed, you do this in your capacity as Leader of the House.
Madam Speaker 11:40 a.m.
Hon Member, since we have already laid the Paper and there is nothing wrong with it, shall we leave it there? We have laid the Paper in item 5(a) and there is nothing seriously wrong with the Attorney-General laying it.
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Madam Speaker, my worry was, it was presenting a position as if these constitutional bodies would find themselves in the ambit of the
Madam Speaker 11:40 a.m.
Thank you for the point.
Shall we now move on -- I was on 5(c).
By the Chairman of the Committee -
(i) Report of the Finance Committee on the Credit Agreement between the Government of Ghana and the International Development Association (IDA) for an amount of SDR 74 .6 mi l l i on (US$120 .0 million equivalent) to finance the proposed Abidjan-Lagos Trade and Transport Facilitation Project (ALTTFP).
( i i ) 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 11:40 a.m.
Mr Cletus A. Avoka 11:40 a.m.
Madam Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which
the Motion is moved, the Motion for the adoption of the Report of Leadership on the membership of the Special Committee on Constitutional Review may be moved today.
Mr Osei Kyei-Mensah-Bonsu 11:40 a.m.
Madam Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
Mr Joe Ghartey 11:40 a.m.
Madam Speaker, I have had an occasion to refer this Honourable House to Order 100. I just heard a scream. I do not know whether it is one of the offences under Order 100. Madam Speaker, with your permission, if I may read Order 100 (1):
“Mr Speaker may order a Member whose conduct is grossly disorderly to withdraw immediately from the House during the remainder of that day's sitting . . .”
Madam Speaker, I heard a scream and I am wondering whether it comes under Order 100 (1).
Madam Speaker 11:40 a.m.
Well, I heard “Aye”, not screaming.
Mr Ghartey 11:40 a.m.
All right, Madam
Speaker. [Interruption.] Madam Speaker, another one. [Laughter.]
Madam Speaker 11:40 a.m.
Now, we move on to Motion No. 7; Hon Leader.
Mr Avoka 11:40 a.m.
Madam Speaker, before I move the Motion, may I crave your indulgence and make two corrections or amendments. It should be “Committee on Constitution Review,” not “Constitutional Review”.

Secondly Madam Speaker, before I move the Motion, let me indicate that following a Caucus meeting we held this morning of the two sides, I am pleased to announce that there are two more names added to the list of 15 members and those are the names of Hon Esther Dappah, Member of Parliament for Abirem and Hon Hajia Dubie Halutie Rafatu Alhassan, Member of Parliament for Sissala East to make the number.
Madam Speaker 11:40 a.m.
So you have added two more names?
Dr Anthony A. Osei 11:40 a.m.
Madam Speaker, I heard that the addition, one of them is Hon Esther Dappah. This House does not have any Hon Esther Dappah. It is Ms Esther Obeng Dappah, so that we do not have any strangers on the Committee.
Mr Avoka 11:50 a.m.
I am grateful to the Hon Member for Old Tafo.

Composition of Special Committee on Constitution Review
Majority Leader (Mr Cletus A. Avoka) 11:50 a.m.
Madam Speaker, I beg to move, that this Honourable House adopts the Report of Leadership on the membership of the Special Committee on Constitution Review composed as follows:
i. Mr Cletus Apul Avoka
ii. Mr Edward K. D. Adjaho
iii. Mr Alfred Kwame Agbesi
iv. Mr Emmanuel Kwasi Bandua
v. Mr Ebo Barton-Odro
vi. Alhaji Sumani Abukari
vii. Mr Joseph Yieleh Chireh
viii. Mr Alban S. K. Bagbin
ix. Mr Osei Kyei-Mensah-Bonsu
x. Mr Ambrose P. Dery
xi. Prof. Aaron Michael Oquaye
xii. Papa Owusu-Ankomah
xiii. Mr Joe Ghartey
xiv. Mr William Ofori Boafo
xv. Mr Kwame Osei-Prempeh
xvi. Ms Esther Obeng Dappah
x v i i . H a j i a D u b i e H a l u t i e Rafatu Alhassan.
This is the list of 17 Hon Members constituting the Committee of this august House to link up with the Constitution Review Commission for the purpose of amending Ghana's Constitution.
Madam Speaker, it will be recalled that during the State of the Nation Address this year, His Excellency the President indicated that a Constitution Review Commission was going to be put in place to look at the 1992 Constitution and make proposals for amendment, if any.
Madam Speaker, it is the considered view of this august House that being the key implementers of the Constitution, we have a key role to play as far as the Cons- titution review exercise is concerned. It is against this background that we form this group so that they will be the lead people that will link up with the Constitution Review Commission to undertake the amendment process.

Madam Speaker, by our arrangement, Hon Members who are not members of this Committee are at liberty to submit memoranda to the Committee members or appear personally before them to submit their views for onward transmission to the Constitution Review Commission.

Besides that, it is my opinion that at the end of the day, before this House submits its recommendation to the Review Commission, the proposals that the Committee has agreed upon will be submitted to this august House for consideration after which the document can then be presented to the Review Commission as a product of this august House.

So Hon Members who are not members of this Committee are at liberty to make their input before the Committee before we submit it to the Constitution Review Commission. So, nobody at the end of the day will be left out as far as this exercise is concerned.

I want to take this opportunity to congratulate the Hon Members who have been nominated by their Colleagues to represent them in this exercise and to appeal to all Hon Members to try to give it a priority attention any time that they meet. I am hopeful that when the Committee members meet, they will choose their own leadership, who will guide their affairs and then present the report. I urge all Hon Members to be active and then present their views before the Committee.

I thank you.
Ms Samia Yaba Christiana Nkrumah (CPP - Jomoro) 11:50 a.m.
Madam Speaker, I thought we agreed that a Member of Parliament from the People's National
Convention (PNC) or Convention People's Party (CPP) would be included in the Special Committee for the Constitution Review. This is a multi-party democracy, not a bi-party democracy and I think it is only fair that the other minority parties are represented on the Constitution Review Committee.
Thank you.
Madam Speaker 11:50 a.m.
Yes, but Honourable, let us second the Motion and before it is adopted, we will hear from you. We have not seconded the Motion.
Dr Anthony A. Osei (NPP - Old Tafo) 11:50 a.m.
Madam Speaker, Motion No. 7 says that, this Honourable House adopts the Report. Madam Speaker, I do not see any Report in front of us to adopt. So I will plead with the Leader of the House to amend the Motion so that we do not adopt - there is no Report - verbal report. If it is, I think it is proper that we amend it so that the records can be straightened up.
Madam Speaker 11:50 a.m.
Because he said Report of Leadership.
Dr A. A. Osei 11:50 a.m.
A verbal report of Leadership? We do not have anything in front of us.
Madam Speaker 11:50 a.m.
Repor t of Leadership.
Dr A. A. Osei 11:50 a.m.
The Leaders had copies, no one else has a copy.
Madam Speaker 11:50 a.m.
But have you got a copy of the Report?
Dr A. A. Osei 11:50 a.m.
No.
Madam Speaker 11:50 a.m.
He says he has not got a copy of your so-called Report.
Mr Avoka 11:50 a.m.
Madam Speaker, if my Hon Colleague has not got the Report, I will amend it “to adopt the list of names”.

We humbly require that they adopt the list of names submitted by Leadership as such.

Thank you.
Madam Speaker 11:50 a.m.
Before it is adopted, let us second it and then hear comments on it.
Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 11:50 a.m.
Madam Speaker, I beg to second the Motion and to indicate that there is, indeed, a three-paragraph Report on it -- on the proposed list.
Madam Speaker, I noticed that the Report is dated June 4 and who knows, maybe, it is because of the date that we are having a visitation of rancour and acrimony even at this stage.
Madam Speaker, I beg to second the Motion.
Mr Haruna H. Bayirga (PNC - Sissala West) 11:50 a.m.
Madam Speaker, in this House, though we have Majority and Minority Caucuses, we have other political parties though very small in number, which should also have a voice as far as the Constitution Review Committee is concerned. This is because if it is done in the way it is now, with your fifteen- member committee, with the exclusion of PNC and CPP, I believe it is not whole.
If the two majority parties are bent on swallowing the smaller parties, it should not be accepted because we are in a democratic State. I will therefore, urge Members to re-consider the smaller parties; They should not swallow us, if they swallow us, it will get stuck in their mouths. It will not go.
Question proposed.
Papa Owusu-Ankomah (NPP - Sekondi) 11:50 a.m.
Madam Speaker, while I appreciate the plight of the Members of the PNC and CPP, unfortunately, the reality is that having regard to the configuration of Parliament, if you are considering

numbers, it gets to a certain stage when it has to do with voting, their votes even though very, very important, may not significantly affect what is going on.

Indeed, I will see this not as a representation of parties but a collection of views among Members of Parliament, irrespective of parties. So to say that, “yes, I represent CPP so my voice should be heard”, I represent PNC, my voice should be heard, what about the Independent? Their voices should be heard.

So I believe that having regard to the special circumstances of this case, my Colleagues use the internal arrangements that we have made in this House to let their views be heard and be able to influence the members. What we are doing may not involve who are those who have more votes or whatever. It is rather what proposals do we think will best enhance democracy through the Constitution Review?

So I am urging my Colleagues to take note of this and not to make this unduly partisan. If we are not careful, we are going to make this process unduly partisan. I do not really think that is the intention of this House. So, I am a member, I have been proposed, I am sure that if they bring their proposals to me, I am going to make sure that they are brought before the entire Committee and they will have the opportunity to even advance reasons they believe their proposals will be helpful in deepening democracy in our country.
Madam Speaker noon
Well, Honourable, what will be the job of the Committee? Hon Papa, you are a member of it? What do you think will be your duties? Collate views or to formulate views or what?
Papa Owusu-Ankomah noon
Collate,
collect, discuss and then bring proposals before the entire House for the House
Madam Speaker noon
Well, I asked Papa
this because -- So if this is a Constitution Committee, then I think Standing Order
154 -
“The composition of the Commit- tees shall as much as possible reflect the different shades of opinion in Parliament.”
Does that not seem to support what they are saying? Because whether independent or some other minority party, they will have different opinions. I just want us to be sure of what the Committee is, what it is doing and whether it conforms to the rules.
Mr Alban S. K. Bagbin noon
Madam
Speaker, I believe this is a special committee of Parliament.
Madam Speaker noon
It is a committee
though, is it not?
Mr Bagbin noon
That is so.
Madam Speaker noon
There is nothing in
the rules talking about special committees, it says “committee”.
Mr Bagbin noon
I agree. We have Standing, Select, ad hoc and special committees and this one falls under special committees.
Madam Speaker noon
Is there a provision
for special committees?
Mr Bagbin noon
No, it is the same Standing
Order and I think that the call of our Hon Colleagues from the minority parities is in the right direction. It is a call that should be considered by this House. We are operating a multi-party democratic system
and in Parliament, we have a conglomerate of these diverse opinions and the stand of the Convention People's Party (CPP) and the People's National Convention (PNC) are represented by these Hon Members in the House.
They would want as Hon Members, including Independent -- Yes. We would have to structure the Committee in such a way that their voices are also heard of, their inputs are made, not through others collating their inputs but they directly inputting and not passing through any other person.
I think that it is right for us to take their concerns and call seriously and invite them to be members of the Committee. I totally support the call and I want to see it factored into the decision here and the Hon Members represent a very critical number of Ghanaians, they may be one or two in the House but outside the House, they have large constituencies there and I think that we cannot just ignore that fact.
Madam Speaker noon
I thank you, Hon
Member. It is the Report that we are discussing now.
Mr Joe Ghartey (NPP - Esikadu/ Ketan) noon
Madam Speaker, I could not agree more that it is important that PNC, CPP and in fact, the Independent are represented on this Committee.
Madam Speaker, I seek refuge and find refuge in Standing Order 154. Madam Speaker, with your permission, I read:
“The composition of the Commit- tees shall as much as possible reflect the different shades of opinion in Parliament.”
Madam Speaker, with respect, I would
also want to refer to article 103 (5) of the Constitution. Article 103 (5) also reads:
“The composition of the committees shall, as much as possible, reflect the different shades of opinion in Parliament.”
Madam Speaker, indeed, if there is
any committee, if there has ever been any committee which should strictly adhere to article 103 (5) of the Constitution and Order 154 of the Standing Orders, then it is this Committee.
We are seeking to review the Constitution, which is the fundamental law of the land and nobody should feel excluded from this process and indeed, Madam Speaker, the special cir-cumstances that my very learned, respected Hon Papa Owusu-Ankomah talks about are for those special reasons, those special circumstances that I believe that the PNC, the CPP, the Independent, each in their individual capacities because eight Hon Members from the Majority Party, National Democratic Congress (NDC), eight Hon Members from the Minority Party, New Patriotic Party (NPP), we are representing our parties.
So our numbers should be reduced if we cannot increase the entire number -- then our numbers should be reduced, the Independent should be brought on board, PNC should be brought on board, CPP should be brought on board.
Madam Speaker, this is my respectful
view.
Minister for Communications (Mr
Haruna Iddrisu): Madam Speaker, thank you very much for the opportunity to be associated with this Motion and to say that I believe that in future we should not

only be adopting the list but their terms of reference should be clearly defined and made known to this House.

Even though we appreciate that they are guided to do one or two things, it is important that we have an official report of the composition of this Committee and the terms of reference which clearly defines the responsibilities of this Committee and their reporting procedure.

Madam Speaker, you would recall

that when His Excellency the President appeared before this House, in his State of the Nation Address, he hinted at the initiative of having the Constitution Review Commission and he went on to name very respected and distinguished citizens of our country to shepherd the process of a Constitution review, which is very necessary.

Indeed, Madam Speaker, if you take even the parliamentary Hansards, on different occasions and at different times and from different shades of opinion, we have all asked for a review of some aspects of the Constitution, which we think is hindering the further evolution of our democratic process.

But Madam Speaker, I could not agree more with the Hon A. S. K. Bagbin and the former Attorney-General (Mr. Joe Ghartey) that this process must reflect all shades of opinion in this House.

Indeed, when His Excellency the President appeared before this House, he said that the process of the Constitution Review would be subject to acceptance by the political parties of Ghana. If I had your permission, I would have reference that particular paragraph in the President's State of the Nation Address to this House.

Now, beyond Constitution review and beyond comments, we would need to accept the recommendations of the Committee holistically and as one people. It should not be the case where one political party will stand far and say that
Mr Hackman Owusu-Agyemang noon
Madam Speaker, on a point of order. I think the Hon Minister is leading us on a track which is a bit slippery. When the President refers to political parties, it does not necessarily refer to Parliament. Political parties also outside of Parliament -- so his reference to political parties was within the nation, the context of the nation and not necessarily of Parliament.
That does not mean that I disagree with the argument he is making but if he leads us on that path, then I am afraid he is leading us on a very slippery path. He said political parties in the country, not necessarily in Parliament, to the extent that the Parliamentary composition of the Committee should also then reflect. I would agree with that but I think the two things are completely different and we should not mix them up.
Political parties will have their say and Parliament will have its say and Parliament is the master of its own rules and regulations and we can do whatever we want to do but do not merge the two, otherwise, it will become difficult. That is not the point that His Excellency the President was making.
I beg to submit.
Mr H. Iddrisu noon
Madam Speaker, I am
not sure I am saying anything different and maybe, to support my argument, let me refer him to a paragraph in the President's State of the Nation Address where His Excellency made this comment:
“This matter affects the basic power- conferring law of our country, and it must not be the prerogative of the ruling Government to use its majority to have its way.
All political parties must be involved to enable us reach consensus on a Bill . . . ” --
referring to a particular political issue.
I am only saying that it is fair and appropriate that we have all opinions whether in or outside Parliament. I have referred him to article 55 of the Constitution, which provides that political parties shall contribute in shaping opinions. In dealing with the Constitution, we are dealing with the grundnorm, that is, the fundamental law of our country. There is no different law for persons who do not share other political opinions.
So, I share the view of Hon Haruna Bayirga and I believe that all the political parties - I respect the particular - if you look at the background of Members of Parliament listed, very rich background but I think that we should co-opt some of our Colleagues from the other political parties in particular, the PNC, CPP and the Independent to guide this process. So that at the end of the day, its acceptance by the Ghanaian people and the Ghanaian political parties will be better facilitated because their inputs were taken on board.
With these few comments, Madam Speaker, I associate myself with the Motion.
Mr Osei Kyei-Mensah-Bonsu noon
Madam Speaker, I believe the Leadership of the House took into consideration the various issues that have been canvassed. I agree with the submission by the Hon Member for Esikadu/Ketan (Mr Joe Ghartey) when he referred us to Standing Order 154 and indeed, article 103 (5) of the Constitution. Standing Order 154 is an
extraction from the Constitution. Indeed, it is the exact construction of article 103 (5). So, we have the same rendition.
The import of it is that, to the best of our abilities, committees that are formed in this House should reflect all shades of opinion in the House. But what are the shades of opinion in this House? In constituting committees, we factor into the composition, the strength of the political parties, gender representation, we look at regional balance, we look at where Hon Members sit. Whether or not they are backbenchers or frontbenchers, in other words, seniority and whether a person is a junior member of the House and so on, so that we have a healthy mix.
Mr Joe Ghartey noon
None

Madam Speaker Is it a point of order?
Mr Joe Ghartey noon
Madam Speaker,
yes, on a point of order on my Leader. I did not say the remit of this Committee is to review the Constitution. I said the entire process is a Constitution review process where this Committee is tying into that process. Madam Speaker, you asked Hon Papa Owusu-Ankomah the remit of the Committee and he said what the remit was -- to collate views, to bring a report to this House - I have never said that the remit of the Committee -- there is a Constitution
Mr Joe Ghartey noon


Review Commission.
Mr Kyei-Mensah-Bonsu noon
Madam Speaker, I do not intend to litigate the former Attorney-General on this matter except to say that the Hansard will capture what he said. I was only paraphrasing what he said, I did not use his exact words.
However, I think the matter before us is to consider whether every shade of opinion must be represented. It is, indeed, impossible to have that but I agree that for political parties and perhaps, for Independent Members, we may have to look at the composition again.
In any event, while doing that, we must also be cognisant of the fact that we do not create a body that will turn out to be an amorphous body. Everything considered however, I believe we could accommodate the political parties, in particular, the parties that find themselves in the bowel of the National Democratic Congress. At least, as far as the conduct of parliamentary business is concerned, I believe we could have this possibility of having a second look at the Committee, in particular, when you have not put the Question. When the Question has not been put --
Madam Speaker noon
I have not put the
Question. We are still debating.
Mr Kyei-Mensah-Bonsu noon
Madam Speaker, yes, you have not put the Question. So, we could always go back and maybe, have a second look at it. But let me emphasise and re-echo that it is impossible to have all shades of opinion represented. But we can have shades of opinion represented at an appreciable leve --
Madam Speaker noon
Yes, let me take one
Madam Speaker noon
We cannot hear.
Alhaji Muntaka noon
Madam Speaker,
I am saying that after all the comments made, one would have reluctantly not made the comments that I am going to make. I am just buttressing the point that has been canvassed since morning when almost all my other Colleagues were talking.
If you look at the list of 17 members that are being proposed, only two are not lawyers. All of them with the exception of two are not lawyers. They are not only lawyers but it is full of only the experienced Members of Parliament.
Like we have all said, this House, any time we are composing a committee, it needs to reflect the House, the shades of opinion. If you look at the persons here, there are no backbenchers on this Committee. All of them are lawyers. I think this House can do better than what we currently have.
Madam Speaker, I will reluctantly agree - [Interruptions] - with the Minority Leader that we stop the process and have a second look at the list because I believe that other shades of opinion could come and help to enrich the collation of opinions.
Thank you, Madam Speaker.
Mrs Irene Naa Torshie Addo (NPP - Tema West) 12:20 p.m.
Madam Speaker, thank you for allowing the men in Parliament to allow women to be part of it. However,
I think this whole thing about women being under-represented in Parliament has become a thing that we are playing with. And if we think that we should allow more women to get into Parliament, we should show it.
We cannot have 15 men in there and just two women - [Interruptions] - I speak as the Deputy Ranking Member of the Gender Committee, which involves men and women. Madam Speaker, indeed, it is not enough.Two women, no! - [Interruptions.] Madam Speaker, there is a second group - [Interruptions.]
Madam Speaker 12:20 p.m.
Hon Members, the two women were added just now - [Interruptions.]
Mrs Addo 12:20 p.m.
However, Madam Speaker, there is another group of Parliamentarians that I call “the young parliamentarians”. We have a club, and you will see that almost everybody here was born in the Gold Coast - [Laughter.] Madam Speaker, apart from the Hon Joe Ghartey and maybe -- I am sure that is it. Madam Speaker, we are looking for the younger breed among the Parliamentarians to be part of it so that their views will be heard out there.
Madam Speaker, I hope that in looking at the Committee again, more women would be added so that we can look at the review amendment to make sure that they are really catering for our gender and that we will make sure too that the younger group, we have a few of them in it.
Thank you.
Several Hon Members -- rose -
Madam Speaker 12:20 p.m.
We have had one from this side. If you are going to contribute, I must swing it.
Mr Sampson Ahi (NDC -- Juaboso) 12:20 p.m.
Madam Speaker, I think we all know
that this House is not made up with only lawyers. There are other professional bodies -- there are farmers, engineers, professional teachers who are also here -- To add to what Hon Muntaka said, if you have a Committee made up of seventeen- members and fifteen are lawyers, then I think that we should reject this Motion and then re-constitute it. This is because when the l992 Constitution was being drawn, fishermen, farmers, Makola women, teachers were all iinvoled
At that time, Madam Speaker, the Ghana Bar Association rejected the call, they never participated - [Laughter] -- So I think that there are economists and others who need to be involved. I think that the composition of this Committee is not professionally balanced. I think we should take it back and re-constitute the Committee - [Hear! Hear!]
Dr Anthony Akoto Osei (NPP - Old Tafo) 12:20 p.m.
Madam Speaker, I rise to plead with the Leadership that in spite of the various shades of opinion on this matter, they re-consider this Motion, take it back, include the terms of reference so that Members can have more time - it is a very serious matter - so I plead with them that they should step this down and then bring it next time.
I thank you.
Madam Speaker 12:20 p.m.
Yes, I think the last contribution will be from the Minority Leader.
Mr. Osei Kyei-Mensah-Bonsu 12:20 p.m.
Madam Speaker, before the Majority Leader intervenes -- I believe he will do the proper thing, having listened to the various submissions.
I want to correct one erroneous impression created by the Member for Tema West when she said that of all the
Members whose names appear on this list, only Hon Joe Ghartey was born in Ghana.
Madam Speaker, I can say on authority that the Hon Alfred Kwame Agbesi, by his declared parliamentary age, is a product of post-independent Ghana - [Laughter] - the Hon Alban Sumani Kingsford Bagbin, his parliamentary age post-independent Ghana, Hon Bandua was born after l957, Hon Joe Ghartey, Hon Kwame Osei- Prempeh -- Madam Speaker, I am on the border - [Laughter.] Hon Papa Owusu- Ankomah was born after independence. So the Hon Member for Tema West was seriously misleading this House when she made that intervention.
Madam Speaker 12:20 p.m.
Well, probably, she did not know the ages of the people - [Laughter.]
Mr Hackman Owusu-Agyemang (NPP - New Juaben North) 12:20 p.m.
Madam Speaker, you will see that the Constitution review exercise is being limited to those who were born post 6th March, l957. Madam Speaker, what about those who fought for independence for us to become independent? [Laughter.] So under the circumstances, myself and my Friend , Hon Tetteh-Enyo -- [Laughter] -- and Sheikh - Madam Speaker, those of us who made sure that we got independence in this country are the ones who should be making the rules and regulations with a bit of touch up by those who were born post-independent Ghana.
In all seriousness, I want to say that standing down the submission by the Leadership will be in order. Indeed, when we had the caucus meeting this morning, the point was made that it was unbalanced; the ladies were in arms; they almost decided to go -- what they do these days, like the Amazonians --
Madam Speaker 12:20 p.m.
Hon Leader of the House, a suggestion has been made. What do you think?
Mr Cletus A. Avoka 12:30 p.m.
Madam Speaker, I have listened passionately to the submissions made by Hon Members on this matter and I appreciate the interest and the enthusiasm generated.
Madam Speaker, I could have easily thrown in the towel and said that let us go and look at the list again and come back. But I just want to respond having regard to the legal arguments that were raised earlier by the immediate past Majority Leader and then the Hon former Attorney-General and Minister for Justice.
Madam Speaker, with the greatest respect, we seem to be over-stretching the Standing Orders under reference and the provision of the Constitution. With the greatest respect, what we are referring to now, this Special Committee does not fall within the ambit of the Standing Orders and the Constitution that we have referred
to. Madam Speaker, for the avoidance of doubt, I will refer you to the Standing Orders of the House.
Standing Order 151 talks about Committee of Selection and Standing Committees; then Standing Order 152 talks about the Select Committees, that is, subject matter committees. Now, if you come to Standing Order 153, which he referred to, says, and I quote:
“Every Member shall be appointed to at least one of the Standing Committees established under Order 151 (2).”
And Standing Order 154 says and I quote:
“The composition of the Commit- tees” . . .”
emphasis here -- “the Committees” --
“shall as much as possible reflect the different shades of opinion in Parliament.”
rose
Madam Speaker 12:30 p.m.
Yes, Hon Member?
Papa Owusu-Ankomah 12:30 p.m.
Madam Speaker, I am rising on a point of order. I would not want to stop the Leader from making his point but he is the Leader of the House. He has had the sense of the House; he should take it in good faith and then go back. What he is doing will be re-litigating this whole issue. It is already against him.
It is views expressed by the generality of Hon Members and as the Leader of the House, he takes it on board and takes action accordingly. So I will urge him to hold his views -- I am sure when he comes back, he can introduce all these matters. But I am pleading with him just to take note of the concerns raised by Hon Members and once he has agreed to re- consider the Report, based on the views, he does so and if he has any arguments to support the position, he presents those concerns when he presents the Report.
I beg of the Hon Leader.
Mr Avoka 12:30 p.m.
Madam Speaker, it does not appear the Hon Member for Sekondi was listening to me when I started my submission. I said that I had taken on board the sensibilities on this subject matter expressed by Hon Members but I was only going to comment on the legal arguments that they raised.
Madam Speaker, this is a debate --
Madam Speaker 12:30 p.m.
It is a debate, so if you would comment on the legal argument.
Mr Avoka 12:30 p.m.
Because I hold a different opinion legally --
Madam Speaker 12:30 p.m.
Hon Member, were you going to ask me to make a ruling on the legal argument? One side has said this; one side is saying that. I think the urgent matter is that you take the feeling of the House and we do what they want us to do rather than to argue the point. Is it not? The legal point?
Mr Avoka 12:30 p.m.
Madam Speaker, with the greatest respect, this may not be the first and last time that matters of this nature about an ad hoc committee or a special committee is going to be set up. I think that it is only fair that if people have a
different approach to the Constitution, different interpretation or look at it differently, they should air their views that may be able to persuade Hon Members including yourself.
In my submission, Madam Speaker --
Madam Speaker 12:30 p.m.
Well, in which case, you are now going to ask me to rule?
Mr Avoka 12:30 p.m.
I do not know.
Madam Speaker 12:30 p.m.
That is what I wanted to get. If so, say so. Then I would listen and then rule on it.
Mr Avoka 12:30 p.m.
Very well, Madam Speaker, I am subject to correction. This is the way I look at it as far as the Constitution is concerned --
Madam Speaker 12:30 p.m.
No, no. I am getting the point now.
Mr Avoka 12:30 p.m.
Yes --
Madam Speaker 12:30 p.m.
I thought we were thinking of taking the Report back to reflect -- but like you have just argued, that is a point you want a ruling on for future --
Mr Avoka 12:30 p.m.
Very well.
Madam Speaker 12:30 p.m.
If that is so, then I will listen to the argument and give a ruling.
Mr Avoka 12:30 p.m.
Madam Speaker, I just want us to educate ourselves on some of these provisions because they should guide us.
In my view, there is a difference between the Standing Committees and Select Committees provided under the Constitution and the Standing Orders as compared to ad hoc or special committees.
Madam Speaker, if you look at article 103 of the Constitution, which they
Mr Avoka 12:30 p.m.
referred to, in fact, article 103 (6), it reads:
“A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for --
(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compelling the production of documents; and
(c) issuing a commission or request to examine witnesses abroad.”

Madam Speaker, if we are talking about best practices, yes, we can involve all shades of opinion but as far as the Standing Orders and the Constitution are concerned, the Committee we have put in place is out of the domain of article 103 (6) -- yes -- and Standing Order 154. It is out of the domain. In my view, that is the position of the law.
Madam Speaker 12:30 p.m.
Yes, I will rule now.
We have two sides --
rose
Madam Speaker 12:30 p.m.
He has made a legal argument. I have heard the first legal argument.
Papa Owusu-Ankomah 12:30 p.m.
Madam Speaker, I agree with you that the Hon Leader of the House is inviting you to make a ruling.
Madam Speaker 12:30 p.m.
I think that is what he says--
Papa Owusu-Ankomah 12:30 p.m.
But Madam Speaker, I am urging you not to rule on this matter.
Madam Speaker 12:30 p.m.
Not to rule?
Papa Owusu-Ankomah 12:30 p.m.
Not to rule on this matter. He is talking about constitutional interpretation and so forth. Madam Speaker, I do not think for the purposes of this Report, it is necessary for you to rule on the matter.
Madam Speaker 12:30 p.m.
Well, he says for the future --
Papa Owusu-Ankomah 12:30 p.m.
It is not a contentious matter. He has agreed that he is taking on board the views of Hon Members, and he is going to re- consider the Report. All that he is saying subsequently is for us to think over. Really, rulling on the matter will not determine the course of action this House ought to take --
Madam Speaker 12:30 p.m.
I agree.
Papa Owusu-Ankomah 12:30 p.m.
So I am urging you to ignore the invitation of the Leader.
Madam Speaker 12:30 p.m.
I find it difficult to ignore it because we have had two arguments on a legal point and I am being called upon on that legal point to interpret the rules and the Orders, and I think I
will have to rule on this; and I am ready to rule on this for future guidance as to committees and what -- Yes.
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Madam Speaker, before you rule.
Initially, when I proffered an opinion, it was about the matter relating to representation of shades of opinion. Madam Speaker, I believe the point articulated by the Hon Member for Sekondi is worth considering. If, indeed, you have to rule, I think, the issue to consider then will not be article 103 (5) and (6), it will be article 103 (1) --
Madam Speaker 12:30 p.m.
Hon Member, the Leader said he had taken on board all the sentiments and was going to -- he had not finished his submission. But then he made the point that that is a legal matter and needed interpretation for future purposes, not for this particular one. Or maybe, the ruling will help this particular one. But I think he is right, I have to rule on this one.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
That precisely, Madam Speaker, you have to rule, is what I am relating to. The provision to consider is article 103(1) and if I may, with your permission, quote:
“Parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions.”
The special committee is another committee. It cannot be anything else --
Madam Speaker 12:40 p.m.
Yes.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
It cannot be any other thing else --
Madam Speaker 12:40 p.m.
Yes, on this one, I agree with you.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Madam Speaker, I believe you will be helped by that.
Madam Speaker 12:40 p.m.
If you allow me. Hon Members, let me rule on this small issue, then we go forward --
Mr Avoka 12:40 p.m.
Madam Speaker, I have seen it. I started from article 103(1) but I am saying that if you read article 103(1) up to 103(6), it is the combined effect of the article that I am talking about.
Madam Speaker 12:40 p.m.
Did you see it coming?
Mr Avoka 12:40 p.m.
Madam Speaker, as the Leader of the House, I want this business to be completed today. [Interruption.] Madam Speaker, I am on my feet. What is his problem?
rose
Madam Speaker 12:40 p.m.
Point of order.
Mr Avoka 12:40 p.m.
What is the order again?
Madam Speaker 12:40 p.m.
Point of order. Is it a point of order?
An Hon Member 12:40 p.m.
Yes.
Mr Avoka 12:40 p.m.
Madam Speaker, I am on
Madam Speaker 12:40 p.m.
If he is going to make a point of order, he can interrupt you.
Mr Avoka 12:40 p.m.
Madam Speaker, so, has he caught your eyes?
Madam Speaker 12:40 p.m.
Yes, he did catch my eyes.
Mr Avoka 12:40 p.m.
All right.
Mr Joe Ghartey 12:40 p.m.
On a point of order. Madam Speaker, with the greatest of respect, I thank the Hon Leader for withdrawing.
Madam Speaker 12:40 p.m.
Another legal issue has been put to -
Mr Avoka 12:40 p.m.
Madam Speaker, we thank him for his intervention but as our Standing Orders apply, Madam Speaker has the discretion to run the affairs of this House. We are not bound by the submission that he has made; we are not bound by it. It is against this background that, as the Leader of the House, who is interested in the welfare and the prosecution of matters in this House, I will apply to Madam Speaker -
Madam Speaker 12:40 p.m.
All right. Thank you for telling me that I have the choice.
Mr Avoka 12:40 p.m.
Madam Speaker, the last
say.
Madam Speaker 12:40 p.m.
I will take the choice and rule for future reference.
Mr Avoka 12:40 p.m.
Thank you very much, Madam Speaker. So I want to apply to you that - [Laughter.] Madam Speaker, I did not hear you very well.
Madam Speaker 12:40 p.m.
Yes, you said you will apply?
Mr Avoka 12:40 p.m.
Yes, Madam Speaker. Without prejudice to the ruling, I am saying that we can take back this Report and then consider it at the level that the Hon Members are talking about
Thank you very much.
Madam Speaker 12:40 p.m.
That was the course
of action that was suggested and was agreed by the Hon Leader that he will take it back and reflect everything. But since this point has come up, I think I have to rule for the future.
There is only one explanation. A committee is defined in Order 7 as,
“a Committee of the whole, a Standing, Select, Special or Adhoc Committee,.”
So, anything which talks about committee affects every such committee and if this is an ad hoc committee or a special committee, the rules will affect it, and so, we need different shades of opinion.
I thought we needed to just thrash this point once and for all and so the definition is in the Orders - every committee.
I am sure people who did say that there are a lot of lawyers, would now see the usefulness of lawyers, sometimes.
Thank you.
Dr A. A. Osei 12:40 p.m.
Madam Speaker, I do not know if saying, the “usefulness of
lawyers” means that others are not useful.
Madam Speaker 12:40 p.m.
No, no, no.
Dr A. A Osei 12:40 p.m.
Madam Speaker, I just want to -
Madam Speaker 12:40 p.m.
No, I did not mean so. I was just going to say, the Leader had agreed that they would take it back and consider the issue of professionals in the composition, age groups, post- independence, when people were born. A lot of issues have come up and he has applied to withdraw it.
I think we should give permission for him to withdraw it and come back later in compliance with Order 152.
Yes, Leader? So it means we can now move on to the next item, which is motion 8 - Mutual Legal Assistance Bill.
Mr Avoka 12:40 p.m.
Madam Speaker, I will crave that we do winnowing on this Bill. If we want to start straightaway, it might affect the progress of work. So, if we can take a date. All those who have filed amendments can meet in my office at 2.00 o'clock for a winnowing process. If we are able to do some winnowing, then tomorrow, we can start the Bill.
Madam Speaker 12:40 p.m.
Winnowing is important. If you can tell the correct time they should come and winnow, it will help hurry our work here. So, I agree that we step it down; in which case, any indications as to adjournment? We seem to have exhausted -
Mr Cletus A. Avoka 12:40 p.m.
Madam Speaker, I beg to move, that we do now adjourn proceedings until 10 o'clock tomorrow morning so that we can do the winnowing and other committee works.
Mr Osei Kyei-Mensah-Bonsu 12:40 p.m.
Madam Speaker, I noticed that all the amendments stand in the name of the Chairman of the Committee, which may mean that, it may not be necessary if we were dealing only with these amendments for a winnowing to be done.
However, what we notice is that, as
ADJOURNMENT 12:40 p.m.
  • The House was accordingly adjourned at 12.48 p.m. till Wednesday, 9th June, 2010 at 10.00 a.m.
    • Madam Speaker 12:48 p.m.
    That was the course of action that was suggested and was agreed by the Hon Leadership that, he will take it back and reflect everything. But since this point has come up, I think I have to rule for future.
    There is only one explanation. A committee is defined in Order 7 as, “a Committee of the whole, a Standing, Select, Special or Adhoc Committee.” So, anything which talks about committee affects every such committee and if this is an Adhoc Committee or a Special Committee, the rules will affect it, and so we need different shades of opinion. I thought we needed to just thrash this point once and for all and so the definition is in the Orders - every committee.
    I am sure people who did say that there are a lot of lawyers, would now see the usefulness of lawyers, sometimes, of lawyers. I thank you.
    Dr Osei 12:48 p.m.
    Madam Speaker, I do not know if saying, the “usefulness of lawyers” means that others are not useful.
    Madam Speaker 12:48 p.m.
    No, no, no.