Debates of 24 Jun 2010

MADAM SPEAKER
PRAYERS 11:05 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:05 a.m.

Madam Speaker 11:05 a.m.
Hon Members, Correction of Votes and Proceedings of Wednesday, 23rd June, 2010.
Hon Hackman, you have not got your copy? Votes and Proceedings, 23rd June,
2010.
Page 1 … 6 --
Dr Francis B. Dakura 11:05 a.m.
Madam
Speaker, I notice I have been marked absent. Page 5, “The following Hon Members were absent” and I notice I have been marked absent even though I was present yesterday. I am Dakura, Francis Bawaana (Dr), Member of Parliament for Jirapa. I was present in the House yesterday. No. 16...
Madam Speaker 11:05 a.m.
Correction taken.
Page 6 - 12.
Any correction on page 13?
I do not know whether the Speaker can correct something.
Page 13 “(2) The following Hon Members were president”. Is it “present” or “president”? Does somebody want to correct it?
Mr Kwame Osei-Prempeh 11:05 a.m.
Madam Speaker, page 13 “(2), Committee on Education”, “The following Hon Members

were ‘present' not ‘president'.”
Madam Speaker 11:05 a.m.
Thank you.

TheVotes and Proceed ings of

Wednesday, 23rd June, 2010 as corrected is adopted as the true record of proceedings.

We do not have any Official Report and so we will move straight to Questions.

Minister for the Brong Ahafo Region?
ORAL ANSWERS TO 11:05 a.m.

QUESTIONS 11:05 a.m.

BRONG AHAFO REGION 11:05 a.m.

Mr Ameyaw-Cheremeh 11:15 a.m.
Madam Speaker, on page 35 of the Order Paper, the Hon Regional Minister has itemized the sources of revenue or income to B/A @ 50. The first one is public sources. I know that all the twenty-four District Assemblies in the Brong Ahafo Region contributed GH¢ 10,000 each. If we work the mathematics, the twenty-two districts come to GH¢ 22,000.
Madam Speaker 11:15 a.m.
Order! Order!
Mr Marfo 11:15 a.m.
Madam Speaker, I will not agree with the Hon Member of Parliament on the calculation that he did. [Interruption.] That is the GH¢ 220,000 that he arrived at. I am saying this because it is not all the Assemblies that have fully paid, so he cannot arrive at that figure.
Madam Speaker, the second issue that
he asked about - the others as I have already indicated in the statement that I read, this is being audited but for his benefit, I will mention just a few.
We did clean-up, then the congress of Brong Ahafo citizens; we did tree-
planting exercise, sitting allowances, just to mention a few.
Mr Ameyaw-Cheremeh 11:15 a.m.
Madam Speaker, the sources of the public include the Regional Co-ordinating Council, the District Assemblies and then Brong Ahafo Regional House of Chiefs. [Interruption.] Madam Speaker, I will not be in the position to give the figures now because the accounts are with the Auditor-General -- [Interruptions]
rose
Madam Speaker 11:15 a.m.
Is it a point of order? Because he has not finished with his supplementary questions.
Papa Owusu-Ankomah 11:25 a.m.
Madam Speaker, I will refer the House to Standing Order 69. It says:
“As soon as a Question is answered in the House any Member beginning with the Member who asked the Question may, without notice, ask a supplementary Question for the further elucidation of any matter of fact regarding which the answer has been given, but a supplementary Question must not be used to introduce matter not included in the Original Question.”
Madam Speaker 11:25 a.m.
Order! Let us listen to the Member's objection.
Papa Owusu-Ankomah 11:25 a.m.
Madam Speaker, I do not know whether you have given your powers to the Hon Minister for Lands and Forestry -- [Uproar] - for him to be telling me to sit down. I believe that the Hon Minister is a Minister, he is a Minister and a Member of Parliament, I respect him very much --[Interruption]
Madam Speaker 11:25 a.m.
Order! Let us get
the question. Let us get the point.
Papa Owusu-Ankomah 11:25 a.m.
Madam Speaker, we need to make progress in this House, please.
Madam Speaker 11:25 a.m.
That is what I
endeavour to do.
Papa Owusu-Ankomah 11:25 a.m.
Madam
Madam Speaker 11:25 a.m.
Hon Members, let
us listen to the objection first.
Papa Owusu-Ankomah 11:25 a.m.
Madam Speaker, the Hon Minister is saying that he cannot provide the details. My point is that, this is not a new matter, it is not a new matter being introduced. He gave the figures and I believe that when Hon Ministers come to this House, they should come ready to assist this House. I am making this comment in all fairness to the Minister and other Ministers that we are here to assist the House.
When you say “public sources” and they ask you details and you say you cannot provide the answer, Madam Speaker, that is not being fair and candid to this House. I am urging Madam Speaker to encourage the Ministers to take this House seriously.
Thank you very much, Madam Speaker.
Mr Cletus A. Avoka 11:25 a.m.
Madam
Speaker, the Hon Regional Minister for the Brong Ahafo Region has lived up to the expectation of the Question. [Hear! Hear!] The Question is this -- the Question is there for everybody to see. The Question says:
“What was the total revenue/income received from both public and
Mr Cletus A. Avoka 11:25 a.m.


private sources during the BA@50 celebrations and a breakdown of expenditure . . .”

It did not say a breakdown of income.

So, please, if the Hon Member can ask a supplementary question -- he had not yet completed when my Hon Colleague, Hon Papa Owusu-Ankomah got up to intervene at a stage that was uncalled for. If the Hon Regional Minister knows about the breakdown of the sources, he is at liberty to say so. If he does not know because the Question did not demand that, he can say he does not have that information as of now. He is perfectly right to say so.

Dr Anthony. A. Osei -- rose —
Madam Speaker 11:25 a.m.
Order! Honourable,
I will hear you after I get the three supplementary questions. The Standing Order is that, when a supplementary question is asked --
Dr A.A. Osei 11:25 a.m.
Madam Speaker, that

Madam Speaker, that was the point I was drawing your attention to. As the Majority Leader and the Leader of the House, I expected that he knew the House's rules. He cannot have a point of order on a point of order.
Madam Speaker 11:25 a.m.
Well, he can reply
to a point of order. Where is it that when a point of order is made, nobody can because I thought we are all here to help. There is no question of practice here, we must go according to the rules. If the Leaders are able to help us to resolve any matter, why do we not ask them -- or even
the older “frontbenchers”?
We are here to help to see that the House functions properly and that is why sometimes I pass it on to the Leaders or even the ‘older' Members here. But let us listen to the three supplementary questions and then the floor will be opened for questions and then advice will come in. If you do not get your answer and you urge, yes --
So, I think we will all be patient and listen. You have finished with your first question, have you not?
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Madam Speaker, it is not for nothing that Ministers are called upon to answer Questions in the House. For reasons of clarity, transparency and accountability, it is part of the oversight responsibility of Parliament to ensure that Ministers, when they come, respond to questions that are germane to their administration. With your indulgence, let me quote Standing Order 62:
“Questions may be asked of Ministers relating to public affairs with which they are officially connected, proceedings pending in Parliament or any matter of administration for which such Ministers are responsible.”
Madam Speaker, it is for that reason that a simple Question may engender supplementary questions, which may relate to the administration of the Minister.
Madam Speaker 11:25 a.m.
That is so.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
So, for a constriction to be proposed that this is -- the Question that was asked and so, nobody can go outside it in my opinion, it is most fallacious. [Interruptions.] It is so fallacious and cannot be countenanced in this House. [Uproar.]
Madam Speaker 11:25 a.m.
Order! Order!
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Madam
Speaker, if I should continue to Standing Order 62 (2) -
Madam Speaker 11:25 a.m.
I think you are
right.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Madam
Speaker, absolutely - with respect --
Madam Speaker 11:25 a.m.
I think you are right, so we do not have to belabour the point. I have not ruled. I have not ruled that Standing Order 62 is not applicable. Yes, any question that borders on the responsibility could be asked. So, I have not said that but I just said if we could just finish with the three supplementary questions. The other questions may bring more elucidation to the - yes. Order! Order!
Now, let us go back to Hon Ameyaw- Cheremeh, your second question now.
Mr Ameyaw-Cheremeh 11:25 a.m.
Madam Speaker, I do not want anybody to leave here with the impression that the Hon Regional Minister is suppressing information to this Honourable House. He must be forthright and come out with the full facts --
Madam Speaker 11:25 a.m.
I am waiting but if
nobody brings it up, then as a Speaker, this word is not right. Honourable, subverting what?
Mr Avoka 11:25 a.m.
Madam Speaker --
Madam Speaker 11:25 a.m.
I hope you will be
fast with this --
Mr Avoka 11:25 a.m.
Madam Speaker, that
comment he made is uncalled for. The Hon Regional Minister has not hidden any information. [Interruptions.] He is withholding proceedings.He must withdraw. He should withdraw the statement that the Hon Minister is suppressing information.
Madam Speaker, that comment he
made is uncalled for. The Hon Regional Minister --
Madam Speaker 11:35 a.m.
Hon Members, let us not tell our Leaders to sit down, they may have legitimate points. So let us hear him; if it is wrong, I will rule on the matter. Let us not - well, the matter has been solved.
But Hon Member, let us use words which do not impugn the integrity of people. “To subvert” - I will not allow them to be used against you.
Mr Ameyaw-Cheremeh 11:35 a.m.
Well taken, Madam Speaker.
Madam Speaker 11:35 a.m.
If it were you, I will ask it to be withdrawn - [Interruptions] - Order! Order!
Mr Kyei-Mensah-Bonsu 11:35 a.m.
Madam Speaker, the word that was used by my Colleague is “suppress”.
Madam Speaker 11:35 a.m.
Is it “suppress” or “subverts”?
M r. K y e i - M e n s a h - B o n s u : Madam Speaker, he said “suppress”. I acknowledge, Madam Speaker -
Madam Speaker 11:35 a.m.
Well, my loud speakers are not too loud.
Mr Kyei-Mensah-Bonsu 11:35 a.m.
Madam Speaker, I acknowledge that even if he said “suppress” and it has not been justified, you may be right to say that he may
Mr Kyei-Mensah-Bonsu 11:35 a.m.


withdraw it. But Madam Speaker, you see, the difficulty for you not hearing what he said is that - [Interruptions] - Madam Speaker - [Uproar.]
Madam Speaker 11:35 a.m.
Order! Order!
Mr Kyei-Mensah-Bonsu 11:35 a.m.
Madam Speaker, the problem is this raucous intervention from the other side of the House; it is absolutely uncalled for. An Hon Minister has been summoned to this House to answer Questions and you will not allow us to hear ourselves. What kind of attitude is this? [Interruptions.]
Mr Kwame Osei-Prempeh 11:35 a.m.
Is he not capable of answering Questions?
Mr Kyei-Mensah-Bonsu 11:35 a.m.
I believe he is capable of answering Questions. Why this raucous intervention? It is absolutely uncalled for and Madam Speaker, that was why you did not hear and you said the man had said “subvert”. Because this whole intervention was drowned in some noise - [Interruptions] - some noise which is unacceptable. [An Hon Member: Who made the noise? You made the noise.]
Mr Kyei-Mensah-Bonsu 11:35 a.m.
It is not both sides; the Majority Leader knows it is not both sides. Would he call his people to order? It is not acceptable in this House - [Hear! Hear!] Madam Speaker, this is a simple Question and we believe the Hon Minister responsible for the Brong Ahafo Region is capable of answering the Question.
Madam Speaker 11:35 a.m.
Hon Members, let us have decorum in the House -
Mr Kyei-Mensah-Bonsu 11:35 a.m.
Why this attitude?
Madam Speaker 11:35 a.m.
Hon Members, thank you very much. I think we have restored order in the House. Let us carry on with the Questions and when there is an objection to a question -- because the rules do not permit it, then I will hear that one. But otherwise, I would want to deal with the Questions and the Answers. And when a question is asked, the only time I will listen is when there is an objection to the question because the rules do not allow it, then I would rule.
I thank you.
Yes, your next question?.
Mr Ameyaw-Cheremeh 11:35 a.m.
Thank you very much Madam Speaker.
Madam Speaker 11:35 a.m.
Yes, Hon Member, what was the word again? “Suppress”, would you -
Mr Ameyaw-Cheremeh 11:35 a.m.
Madam Speaker, I used the word “suppression” -- [Interruption] - “Suppression.” You must listen to hear. [Interruptions.]
Madam Speaker 11:35 a.m.
Order! Order! Well, Hon Member, “suppression” or “suppressed” or “subversion” it is all - withdraw the word - Withdraw it. [Interruptions.] Please -
Mr Ameyaw-Cheremeh 11:35 a.m.
Madam Speaker, I withdraw the word.
Madam Speaker 11:35 a.m.
Hon Member, I thank you. Now, your second question.
Mr Ameyaw-Cheremeh 11:35 a.m.
Madam Speaker, as part of the activities outlined for the celebration of the 50th Anniversary of Brong Ahafo Region, a “Miss Brong Ahafo Beauty” pageant was organised; some expenditures were incurred. They are conspicuously absent from the Answer of the Hon Minister. Would he - [Interruptions.]
Madam Speaker 11:35 a.m.
Order! Order! Let
us hear the answer - Order!
Yes, Hon Minister.
Have you finished with the question?
Mr Ameyaw-Cheremeh 11:35 a.m.
Madam Speaker, my question to the Hon Minister is, how much was expended on the Miss Brong Ahafo beauty pageant contest? How much was spent?
Madam Speaker 11:35 a.m.
Yes, Hon Minister, that is a legitimate question. How much was expended?
Mr Marfo 11:35 a.m.
Madam Speaker, I wish to disagree with the Hon Member on the fact that the issue about the Miss B/A is conspicuously missing. It is not; it is part of the artistes and the other items there - [Interruptions] - No, those who came to perform and everything - [Interruption.]
Madam Speaker 11:35 a.m.
Order! Order! He said it is part of the artistes.
Mr Ameyaw-Cheremeh 11:35 a.m.
Madam Speaker, item 10 under “Expenditure” - “Projects (Arch, Statue/Busts)”. Madam Speaker, the bust or the statue is at foundation level; it is at foundation level. The Arch - [Interruptions] - these are the pictures - [shows photographs] - they are just pillars and yet the Hon Minister says that ninety-three thousand, eight hundred and six Ghana cedis, fourteen Ghana pesewas (GH¢93,806.14) has been expended [Uproar!] - Can he explain to this House the scope of works and the extend to which they have gone to merit nine hundred and thirty million old cedis?
Madam Speaker 11:35 a.m.
Yes, Hon Minister, that is a good question.
Mr Marfo 11:35 a.m.
Madam Speaker, it is

true that the construction is at the digging stage but I wish to say that the statue and the bust for the seven chiefs have been manufactured and they are in Kumasi now.

Thank you.
Madam Speaker 11:35 a.m.
Yes, any questions?
Mr Marfo 11:35 a.m.
Madam Speaker, financially, there were pledges. Each Member of Parliament (MP) pledged; in fact, it was done on behalf of all the MPs by three Hon Members of this House. They pledged to pay five hundred Ghana cedis (GH¢500.00) each. But Madam Speaker, to date, we do not have the records to show that they have paid - [Interruptions.]
Madam Speaker 11:35 a.m.
Order! Order!
Madam Speaker 11:45 a.m.
Order!
Mr P. C. Appiah-Ofori 11:45 a.m.
Madam
Speaker, section 179 A (3) of the Criminal Code states that any person through whose wilful act or omission, the State incurs financial loss, commits an offence and when convicted goes to prison for 10 years.
S e c t i o n 6 2 o f t h e F i n a n c i a l Administration Act, also says, that:
“Any person connected with the disbursement of State funds who makes an opportunity for anybody to defraud the State commits an offence and when he is convicted, goes to prison for 10 years.”
Madam Speaker, the Hon Minister says

a total sum of GH¢22,700.00 or 22 billion old cedis, that is, item 6 of the Expenditure Statement -
Madam Speaker 11:45 a.m.
You mean the
cloth?
Mr Appiah-Ofori 11:45 a.m.
Yes, Madam Speaker - was spent to purchase cloth and item (c) of the revenue says proceeds from the cloth amounted to GH¢14,900.00. In the absence of evidence here, that there is a closing stock, then it means therefore that the State incurred a financial loss amounting to GH¢7,800.00. [Some Hon Members: Shame!] Madam Speaker -
Madam Speaker 11:45 a.m.
Let us finish the
question to determine whether it is proper or not. Let us hear the question first before we take any decision.
Mr Appiah-Ofori 11:45 a.m.
Madam Speaker, I
Madam Speaker 11:45 a.m.
I want to confess
that I did not hear the question properly; I did not hear the question. Let me hear the question, then I can decide when objection is raised. What was the question? Hon P. C. Appiah-Ofori, what is the question now?
Mr Appiah-Ofori 11:45 a.m.
Madam Speaker,
what I said is that the conduct of the Hon Regional Minister amounts to causing financial loss to the State because -
Madam Speaker 11:45 a.m.
Is that a question?
Mr Appiah-Ofori 11:45 a.m.
Madam Speaker, what I said was that the conduct of the Hon Regional Minister amounts to causing financial loss to the State because he spent so much - [Uproar.]
Madam Speaker 11:45 a.m.
If we have order,
I will make a decision on it. I do not
need objection to be taken. This is not a question and it is not allowed.
Mr Appiah-Ofori 11:45 a.m.
I am asking a
question, Madam Speaker.
Madam Speaker 11:45 a.m.
No, you are not
asking a question. You are stating a legal fact. Hon P. C. Appiah-Ofori, thank you very much, but it is not allowed.
Mr Appiah-Ofori 11:45 a.m.
Madam Speaker,
let me ask the question.
Madam Speaker 11:45 a.m.
This is not a
question I will allow.
Mr Appiah-Ofori 11:45 a.m.
Madam Speaker, I
asked a question and my question is this: How does he justify that under-recovery because if you spent GH¢22,700.00 to buy this and you were able to generate only GH¢14,900.00, it is a loss. [Uproar.] Madam Speaker, let us be serious --
Madam Speaker 11:45 a.m.
Hon Member, it is
not a question, I will not allow it. Any other question?
Mr Appiah-Ofori 11:45 a.m.
Madam Speaker -
Madam Speaker 11:45 a.m.
I have moved on.
Any Hon Member with a question? Any question?
rose
Madam Speaker 11:45 a.m.
Is it a question?
There is no need for a point of order or point of -- I have ruled that this is not a question.
Mr George K. Arthur 11:45 a.m.
Madam Speaker, I will like to ask the Hon Regional Minister whether even when the Hon Member failed to contribute his part, he participated in the programme. [Uproar.]
Madam Speaker 11:45 a.m.
Hon Members, if
it is to elucidate facts, let us ask whether he contributed or not in the -- [Uproar.] Hon Members, that question will not be
allowed. It does not go to the root of the main Question.
Any other Question?
Mr Ben A. Banda 11:45 a.m.
Madam Speaker,
the Hon Regional Minister in paragraph 9 of his Answer, made reference to the Financial Administration Act, 2003. My question is, did he consult the Controller and Accountant-General to devise an appropriate accounting system for the management of B/A @ 50 accounts and was that system approved by the Auditor- General?
Mr Marfo 11:45 a.m.
Madam Speaker, I do not
agree with the Hon Member.
Madam Speaker 11:45 a.m.
He asked, did you do certain things? You have not answered that first part of it. There was a two- pronged question, whether you did this and whether you agree with him.
Mr Marfo 11:45 a.m.
Madam Speaker, we
already have our accounts people at the office. They do our normal accounting systems and that is why all procedures regarding procurement and everything else were done in accordance with the Financial Administration Act.
Mr E. T. Mensah 11:55 a.m.
Madam Speaker, it is surprising that today-- [Interruption]-- Hon P. C. Appiah-Ofori who has been declared persona non grata by you people, you are supporting him. [Uproar.] You are now supporting him, it is surprising, and you know how to shift the goal posts--, shifting the goalposts on the wrong side -- [Interruption]
Madam Speaker 11:55 a.m.
Order! Let us deal
with the question.
Mr E. T. Mensah 11:55 a.m.
Madam Speaker,
Madam Speaker 11:55 a.m.
I have already
disallowed such a question. That has no relevance to the main Question.
Any other question from the right side of the House? Questions? Anybody who wants to ask a supplementary question may stand up but not to comment on things that do not apply.
Mr Kwame Osei-Prempeh 11:55 a.m.
Madam Speaker, the Hon Regional Minister on page 36 - [Pause.]
Madam Speaker 11:55 a.m.
I can only take
a question. Two more questions on this Question and then we move to the next Question.
Mr Osei-Prempeh 11:55 a.m.
Madam Speaker,
the Hon Regional Minister, on page 36, item 11 states: “B/A Trade and Investment Fair” is given an amount which was expended and on the revenue side, there is nothing. Is the Hon Regional Minister saying that the investors and the exhibitors at the Fair did not pay anything for taking part in the exhibition? Is that the case and if so, how much was accrued from that?
Madam Speaker 11:55 a.m.
Hon Kennedy
Agyapong, please, sit down and let us hear the answer from the Hon Regional Minister. Please, let us have decorum in the House; let us hear the Hon Regional Minister.
Yes Hon Minister, answer the question.
Mr Marfo 11:55 a.m.
Madam Speaker, we did
not intend making any money from the Trade Fair. It was just an occasion for us to advertise the region. So we rather spent on the people who came from the districts. [Uproar.] We brought the districts to
Madam Speaker 11:55 a.m.
We are going to
have two more questions.
rose
Madam Speaker 11:55 a.m.
Hon Kennedy, I
will come to you after this question.
Dr F. B. Dakura 11:55 a.m.
Madam Speaker, I want to find out from the Hon Regional Minister how many patriotic sons of the Brong Ahafo Region attended this Fair and whether they were fed. How many Members of Parliament attended the programme “Brong Ahafo @50” and whether they were fed”. Since they did not contribute, were they fed when they went?
rose
Madam Speaker 11:55 a.m.
Hon Kennedy,
are you taking objection to the question? Because we must follow on these questions.
Mr Ken O. Agyapong 11:55 a.m.
Madam
Madam Speaker 11:55 a.m.
Order! I think
today, we are in a very good mood, all of us.
Mr Agyapong 11:55 a.m.
Madam Speaker, for him to use the words “you people” is an affront to the dignity of the Opposition and therefore, he has to withdraw that statement.
Thank you.
Madam Speaker 11:55 a.m.
Give me time to
think of it. “you people” instead of Hon Members.
Hon E. T. Mensah, you cannot call them “you people”.
Mr E. T. Mensah 11:55 a.m.
Madam Speaker,
the Minority side declared Hon Appiah- Ofori persona non grata and I am surprised that they are now shifting the goalposts. They know it and I will not repeat it. So I am substituting “you people” with the “Minority side”.
Madam Speaker 11:55 a.m.
Hon E. T. Mensah
withdraw and use “Hon Members”, that is what our rules permit. We refer to each other as “Hon so and so”; just use the right --
Mr E. T. Mensah 11:55 a.m.
Madam Speaker,
I have changed “you people” to “Hon Members”; both within and out there have declared him a persona non grata, and I am surprised that now that they are shifting the goal post, now that he is talking about financial loss when --
Madam Speaker 11:55 a.m.
We have passed that.
Mr E. T. Mensah 11:55 a.m.
Nobody has the right to declare anybody causing financial loss here.
Some Hon Members 11:55 a.m.
Withdraw.
Mr E. T. Mensah 11:55 a.m.
I have withdrawn already. All right, I hereby withdraw and substitute -- [Laughter.]
Madam Speaker 11:55 a.m.
I thank Hon E. T. Mensah. We use “Hon” here, not “you people”.
Thank you.
Were we answering a question? No I think a question had been asked. Yes. Hon, has he left the House? A Question had been asked as to how many MPs attended. Was that not it? I do not know whether it is relevant, except Hon Members want to know how many.
Mr Asamoah Ofosu 11:55 a.m.
Madam
Speaker, the question was “how many patriotic citizens of Brong Ahafo and MPs attended”.
Madam Speaker, how can the Hon Minister distinguish between a patriotic citizen and a non-patriotic citizen attending a fair? It is certainly an abuse of common sense and overstretching of English Language for the Hon Minister to answer this. Madam Speaker, I do not think it is a question worth answering.
Madam Speaker 11:55 a.m.
Well, I think the
Regional Minister is intelligent enough to distinguish that fact. Do you not think so?
Mr Ofosu 11:55 a.m.
Madam Speaker, unless he has the powers of an African magician or the vision of the Hebrew prophet, he cannot distinguish.
Madam Speaker 11:55 a.m.
I would really have
loved to listen to the answer but if it is a wrong question -- but let us listen to the Hon Minister.
Mr Ofosu 11:55 a.m.
Madam Speaker, it is worthless, I am not challenging your ruling, except that it is irrelevant.
Madam Speaker 12:05 p.m.
And supposing
all patriotic people attended , would it not be to our benefit in this House that way?
Mr Ofosu 12:05 p.m.
Madam Speaker, what I am saying is that, there was a Fair in Brong Ahafo and people attended. Patriotic or not patriotic, once you bought a ticket and attended, how could the Hon Minister, sitting in his office or even at the Fair, distinguish between those who were patriotic and those who were not patriotic? After all, when they have organized the Fair and collected moneys from the exhibitors, he is telling us that they spent money inviting people to come and exhibit, and they spent on them. So, Madam Speaker, they are only wasting our time.
Madam Speaker 12:05 p.m.
Hon Member, bring me within the rules. What is the rule which

will offend this question? If you do--
Mr Ofosu 12:05 p.m.
Madam Speaker, it is a matter of relevance. The question is in relation to a Fair, whether one was patriotic or not; the bottomline is that there was a Fair and people attended it. And so, whether you are patriotic or not, you attended it.
Madam Speaker 12:05 p.m.
Well, I think he wins. It is irrelevant [Uproar.]We will not put this burden on the Hon Regional Minister.
Can we close and move on to the next Question?
Mr James K. Avedzi 12:05 p.m.
Madam Speaker, on page 35 of the Answer to the Question, under “Revenue”, item (c); “Proceeds from BA @50 Cloth - GH¢14,900,00” then on page 36, item 6, “BA @ 50 Cloth - GH¢22,700.00”. Can the Hon Regional Minister explain to the House how come there is a difference between revenue and expenditure?
Mr Marfo 12:05 p.m.
Madam Speaker, obviously, there is a difference in what we invested and what we have recouped. The reason is that, some of the cloths are still at the stores. [Interruption.]
Two, some of the District Assemblies which collected the cloths have not brought back the returns, and then three, some were given on protocol basis
Madam Speaker 12:05 p.m.
The last question and then we give time to the Leaders.
Mr Ignatius B. Awuah 12:05 p.m.
Madam Speaker, in an answer to a question, the Hon Regional Minister said that, MPs from the region made a pledge of
GH¢500 each but did not redeem the
Mr Ignatius B. Awuah 12:05 p.m.


pledge. I want to know from the Hon Regional Minister, to what extent he did involve the Hon Members of Parliament from the region in the BA @ 50 activities.
Madam Speaker 12:05 p.m.
Hon Regional Minister, did you involve them and to what extent, which is a very legitimate question?
Mr Marfo 12:05 p.m.
Madam Speaker, the MPs from the region were involved right from the beginning to the end. [Interruption.]
Madam Speaker, here is the evidence. First, they were represented at the inaugural ceremony and the Hon Member who asked the question was present at that ceremony himself.
Secondly, Madam Speaker, the theme that we used in celebrating these activities was chosen out of the lot and this was one given to us by an Hon Member, who is a leading Member of this august House --
Some Hon Members 12:05 p.m.
Give name.
Mr Marfo 12:05 p.m.
He is Prof. Christopher Ameyaw-Akumfi. [Uproar.]
Madam Speaker 12:05 p.m.
Can we finish with the answer?
Mr Marfo 12:05 p.m.
Madam Speaker, the last one, among several others, that I can cite, is the nomination of awards. And Madam Speaker, permit me here to read nominations from two Hon Members of this august House. I do not know if time will permit me to read the whole letter -- [Interruption]
Some Hon Members 12:05 p.m.
Read it.
Madam Speaker 12:05 p.m.
You can tell us.
Mr Marfo 12:05 p.m.
Madam Speaker, the first one is from Hon Paul Okoh, Member of Parliament for Asutifi North Constituency - [Uproar] and the letter reads:
“The Chairman, Planning Committee, BA@50 Sunyani, BA
Dear Nana,
As a sequel to the meeting held between your committee on one hand and Brong Ahafo Members of Parliament on the other, I humbly and respectfully write to remind you of some other personalities especially from Ahafo who your committee may need to consider for awards: 1. Odeneho Kwabena Nsiah

2. Mr B. K. Senkyire, Lawyer.

3. Mr Ernest Owusu-Poku.

These names are presented to your committee for investigation, verification and possible approval.

(Sgd.) HON PAUL OKOH, MP.”
rose rose
Madam Speaker 12:05 p.m.
Leaders, if you have questions on this matter, put it across. We are closing this Question. We are moving to the next Question.
Any question from the Leaders? Otherwise, thank you and we move to the next Question.
I do not want to force you to put a question. We have spent so much time on one Question. Our one hour is almost up.
Mr Kyei-Mensah-Bonsu 12:15 p.m.
Madam Speaker, the Hon Regional Minister has stressed that for the Trade and Investment Fair, they incurred an expenditure of GH¢23,022.24. Is he insistent that the people who participated in the Trade and Investment Fair did not pay anything at all? My information is that a minimum fee was paid by the participants, not too big a figure anyway.
Madam Speaker, since the Hon Regional Minister is insistent that nobody was charged any fee at all, would he consider the setting up - that is if that fact is not known to him - of a committee to investigate this? My information is that certain people who participated in the Trade and Investment Fair paid. Would he permit an investigation to be conducted
into this?
Mr Marfo 12:15 p.m.
Madam Speaker, I will
rightly do that.
Mr Kyei-Mensah-Bonsu 12:15 p.m.
Madam
Speaker, the Hon Regional Minister has indicated to us his awareness of what procedures and processes ought to have been followed, which is why he has quoted copiously from the Financial Administration Act, the Procurement Act and so on. Madam Speaker, in the third paragraph of the Answer on page 35, he is telling us, and with your indulgence, I want to quote:
“Madam Speaker, in accordance with the provisions of the Audit Service Act, 2000 (Act 554), the Auditor-General has been invited by the RCC to carry out audit inspection of the BA @ 50 accounts
. . .”
Madam Speaker, since he is minded to prove to us that he is aware of the processes that ought to be followed, may I remind him of the provisions in the Constitution, article 187(2), which provides, and Madam Speaker, with your permission I quote:
“The public accounts of Ghana and of all public offices, including the courts, the central and local government administrations, of the Universities and public institutions of like nature, of any public corporation or other body or organisation established by an Act of Parliament shall be audited and reported on by the Auditor- General.”
Second,
(3) “For the purposes of clause (2) of this article, the Auditor-General or any person authorised or appointed
Mr Kyei-Mensah-Bonsu 12:15 p.m.


for the purpose by the Auditor- General shall have access to all books, records, returns and other documents relating or relevant to those accounts.”
Madam Speaker, further, clause 7 of same article provides 12:15 p.m.
“In the performance of his functions under this Constitution or any other law the Auditor-General -
(a )shall not be subject to the
direction or control of any other person or authority.”
Madam Speaker, as far as our Constitution is concerned, it is only the President, acting in consultation with the Council of State, who may request the Auditor-General, in the public interest, to audit at any particular time, the accounts of any such body or organization as referred to in clause (2) of this article. Madam Speaker, by the conduct of the RCC, which is chaired by the Regional Minister, how does he synchronize that with the provision in the Constitution?
-- 12:15 p.m.

Madam Speaker 12:15 p.m.
Which conduct, Hon Minority Leader? Let us get the question - [Pause.]
Yes, Hon Regional Minister, I think you have understood the question?
Mr Marfo 12:15 p.m.
Madam Speaker, the first point I want to raise is that, I am the representative of the President in the region [Uproar.] Number two, we also wanted to ensure transparency and accountability, and we believe that the only body that is mandated by law to audit public accounts is the Auditor-General and that is why we invited the Auditor-General to do that.
Mr Kyei-Mensah-Bonsu 12:15 p.m.
Madam Speaker, this clearly, is a wilful flouting of the constitutional provision -- [Uproar.] Clearly, he does not understand the import of the constitutional provision. Madam Speaker, and that being the case, this is a violent breach of that provision in the Constitution with his purported representation of the President and because of that, he thinking that he can act for the President in that instance.
rose
Madam Speaker 12:15 p.m.
Yes, let me hear from the Majority Leader. Have you finished, then I will listen to the Majority Leader?
Mr Kyei-Mensah-Bonsu 12:15 p.m.
Well, if I may yield to him, I will and go on after his own intervention.
Madam Speaker 12:15 p.m.
Maybe, I will put your two heads together after hearing him, to decide in this matter. [Pause.]
Would you say anything before I close all discussion on this question, then we move on?
Mr Avoka 12:15 p.m.
Madam Speaker, I was just trying to say that my Colleague, the Hon Minority Leader is seriously misleading the House. He is out of order. We are having Question time. We are not having a lecture on constitutional law. If he has a question, he should ask the question. But to give us a five-ten minute lecture on the constitutional provisions of the Republic of Ghana is not the issue. He is out or order. He should ask the question and let us progress.
Madam Speaker 12:15 p.m.
Well, at this stage, I will ask the two Leaders to put their heads together and come out with something, because I intend to move on to the next Question.
rose
Madam Speaker 12:15 p.m.
I thank you, Hon Member. I think it is best done in this way, put your heads together.
Mr Kyei-Mensah-Bonu 12:15 p.m.
Madam Speaker, I take a cue from what you have said. We will certainly do that, except to inform the Majority Leader that whatever business that we transact in this House, is founded on the Constitution and our rules of procedure -- [Interruptions.] He should know that.
Madam Speaker 12:15 p.m.
Yes, thank you. The next questioner is Hon Kwasi Ameyaw- Cheremeh (Sunyani East) --
rose
Madam Speaker 12:15 p.m.
Hon Member, our time -- we have finished with one hour Question time already. But let us air this Question.
Property at Residency of BA Regional Minister
Q. 455 . Mr Kwasi Ameyaw- Cheremeh asked the Minister for the Brong Ahafo Region what was the extent of damage caused to property at the residency of the Regional Minister on 19th December, 2009, the cause of the damage and how much it had or would cost to fix it.
Mr Kwodwo Nyamekye Marfo 12:15 p.m.
Madam Speaker, on the date in question, 19th December, 2009, the RCC has no record of any damage caused to any property at the residency of the Hon Regional Minister.
Mr Ameyaw-Cheremeh 12:25 p.m.
Madam
Speaker, I want to find out from the Hon Regional Minister whether on the date in question the National Democratic Congress (NDC) in the region did not organise its regional conference at the Residency.
Mr Marfo 12:25 p.m.
Madam Speaker, we
did. We organised the conference at the Residency.
Mr Ameyaw-Cheremeh 12:25 p.m.
Madam
Speaker, I am grateful to him for the admission. And I want to put it to him that on that date, confusion arose and as a result of the confusion, damage was caused to property at the Residency. Is that not the case?
Madam Speaker 12:25 p.m.
Hon Regional
Minister, is that the case? They want facts. Did it happen?
Mr Marfo 12:25 p.m.
Madam Speaker,
sometimes at meetings of that nature, people disagree and there could be verbal exchanges. And if that did happen, there was no damage.
Mr Emmanuel Armah-Kofi Buah 12:25 p.m.
Madam Speaker, I ask this question to know the importance of working together with the Regional Minister and the Hon Members of Parliament - the importance of a real co-ordination between them. And the worry is that, some of the issues that have been raised here could have been easily addressed in Brong Ahafo and not in Accra.
My question is, for the avoidance of any doubt, Madam Speaker, did any Hon Member of Parliament attempt to get any issue concerning the question addressed by the Hon Regional Minister before today's Question?
Papa Owusu-Ankomah 12:25 p.m.
Madam
Speaker, I believe that this question is
Madam Speaker 12:25 p.m.
You mean this
intervention?
Papa Owusu-Ankomah 12:25 p.m.
Madam
Speaker, the Hon Deputy Minister does not even appreciate the purpose of Questions as far as the Standing Orders of this House are concerned. [Some Hon Members: How?] Question time is not necessary because, someone knows someone, you can get a private answer. It is for the purpose of the work of the House and for the purpose of the work of Parliament in terms of its oversight.
So, if somebody could have gone to a Minister to acquire an answer, that does it preclude how person from asking the Question on the floor of the House if it is a matter of public interest? So, the preamble to his Question and even the Question itself is most unnecessary; completely out of order. And Madam Speaker, I am urging you to rule that question out of order.
Madam Speaker 12:25 p.m.
Yes, it is out of
order.
Mr Buah 12:25 p.m.
Madam Speaker, if I can
follow up on that.
Madam Speaker 12:25 p.m.
It is out of order. If
you have another question on this main Question, put it.
Mr Ofosu 12:25 p.m.
Madam Speaker, the Hon
Regional Minister, in his answer to a question has admitted that there was an NDC meeting at the Residency. Madam Speaker, I want to know from him how much the NDC as a party paid to the RCC for the use of the premises and facilities for the congress on that day. If not, will he describe the place as an extension of the party's office, if it was for free - the facilities, including water.
Mr Marfo 12:25 p.m.
Madam Speaker, the
Residency is a public place and anybody at all who wishes to hold any activity there will not be prevented from doing so. We did not charge anybody. We are not supposed to charge anybody for the use of the Residency.
Dr Owusu Afriyie Akoto 12:25 p.m.
Madam
Speaker, would the Hon Regional Minister agree with me that holding the NDC congress at the Residency is an abuse of incumbency?
Mr Marfo 12:25 p.m.
Madam Speaker, I cannot
confirm or deny.
Mrs Gifty E. Kusi 12:25 p.m.
Madam Speaker,
Madam Speaker 12:25 p.m.
Hon Member, what
was the question?
Mrs Kusi 12:25 p.m.
Madam Speaker, the Hon
Regional Minister said, on page 36 of the Order Paper, that the RCC had no record of any damage caused to any property at the Residency and I am asking if he has seen any newspaper publication to this effect. And if he has not seen, what is he going to do, if it is brought to his notice?
Madam Speaker 12:25 p.m.
Your question has
two parts; the first part is all right, “whether he has seen it.” But the hypothetical bit comes at the end.
Mrs Kusi 12:25 p.m.
Whether he has seen any newspaper publication.
Madam Speaker 12:25 p.m.
That is a legitimate
question.
Yes, have you seen that there was some damage?
Mr Marfo 12:25 p.m.
Madam Speaker, I have
not seen any newspaper publication on
this. And I still insist and maintain that there was no damage to property at the Residency on the day in question.
rose
Madam Speaker 12:25 p.m.
Yes, Hon Minority
Leader, let us finish with you because our time is far spent.
Mr Kyei-Mensah-Bonsu 12:25 p.m.
Madam
Speaker, the Hon Regional Minister has provided two different Answers to this Question.
First, as per the Order Paper, he is saying that the RCC has no record of any damage caused to any property at the Residency. He has no record. It does not necessarily mean that some damage could not have been caused. Perhaps, some damage might have been caused but to the best of his knowledge, he does not have that information. That is what it means.
Now, on the second leg ,he is insisting,
just now -- he said he was insisting that no damage took place on the said date. There are two different answers.
Madam Speaker, if you say that you are
not aware of something, it does not mean that no incident has happened. But if you insist that no such incident has happened, then it is a different matter.
Madam Speaker, for which reason, just like he indicated earlier, I would plead that an impartial investigation be conducted into this. Madam Speaker, I would even go to suggest that we have a parliamentary inquiry into this.
Mr Avoka 12:25 p.m.
Madam Speaker, there is no inconsistency or conflict given in the Order Paper or in the oral Answer given by the Hon Regional Minister. He says that there are no records to indicate that there was damage. In the Oral Answer, he says that his attention has not been drawn to any or there has been no damage to any
property. Madam Speaker, where is the inconsistency? There is no inconsistency. He is saying that, one, there is no damage. Two, there is no record of the damage. Where is the inconsistency? So, this question of an inquiry and the rest of them, are uncalled for. They are uncalled for, with the greatest respect.
Madam Speaker 12:35 p.m.
Hon Members, let me rule on this matter.
The Hon. Minority Leader did suggest earlier whether he could find out whether there was some damage and he enquired into it and he said, yes. In the same way, he can conduct an investigation and find out; he may not know, but the same investigation will find out. But I do not think we should stretch it to parliamentary investigation.
Hon Members, if he does not know and they say it happene -- he put it to him whether he would conduct an investigation and I think he admitted that, he had accepted, he would. So that is a legitimate question and he has said before that, yes, he would be prepared to do it. So I think this is another one; he says, “would you conduct and find out, because you do not know? Would you find out?” That is what he is asking you. Can you answer it?
Mr Marfo 12:35 p.m.
Madam Speaker, I will find out.
Madam Speaker 12:35 p.m.
Thank you, Hon Minority Leader. We have got it at last. [Interruptions]. No, let him finish, then we finish with Question time.
Mr Kyei-Mensah-Bonsu 12:35 p.m.
Madam Speaker, I thank you for it and when I made the suggestion that we have an enquiry into this, even an impartial enquiry into this, the Hon Regional Minister was nodding very profusely to that suggestion,
Madam Speaker 12:35 p.m.
Let us take him on his word; he said he would conduct --
Mr Kyei-Mensah-Bonsu 12:35 p.m.
Madam Speaker, we would insist that it is an impartial committee and not he just saying that, “I would look into it and set a committee, an impartial committee. That is the insistence.
Madam Speaker 12:35 p.m.
Thank you, Hon Members. We have had a very nice Question time and we have been informed. At this stage, we would change the Chair. [Pause.]
Before I leave, I have, to discharge and thank the Hon Regional Minister - [Hear! Hear!] Being his first time here, he has performed well.
12.35 p.m. -- [MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 12:35 p.m.
Hon Members, at the Commencement of Public Business, item 5 on the Order Paper - Laying of Papers, by the Chairman of the Committee. [Pause.]
Hon Members, item 6 - Minister for Local Government and Rural Development.
Mr. First Deputy Speaker 12:35 p.m.
Why, what is the problem?
Mr Chireh 12:35 p.m.
My Chairman is not available. [Pause.]
Mr First Deputy Speaker 12:35 p.m.
Hon Majority Leader, if you do not have any business then we adjourn the House.
Mr Avoka 12:35 p.m.
Mr Speaker, I would kindly call on the Hon Minister for Local Government and Rural Development; he can go ahead to move Motion No. (6). The Chairman does not need to participate in that one.
Mr First Deputy Speaker 12:35 p.m.
Hon Majority Leader, you heard what the Hon Minister for Local Government and Rural Development said. I called him, I called item (5), there was no response, nobody told me anything and I called item (6) and then the Minister for Local Government and Rural Development got up, he was not moving the Motion and then I asked him and he said his Chairman is not there and he is not making any effort to move the Motion.
Mr Avoka 12:35 p.m.
Mr. Speaker, I did not hear that you called item (5) first. In fact, because of the transition between Madam Speaker and your goodself, we did not take note of that request by yourself. So with the greatest respect, item (5)
Mr First Deputy Speaker 12:35 p.m.
Hon. Majority Leader, I called item (5) earlier, the Chairman was not there, the Vice Chairman did not make any effort. Hon Members, item (5).
PAPERS 12:35 p.m.

Mr First Deputy Speaker 12:35 p.m.
Item (6), is the Chairman in now?
MOTIONS 12:35 p.m.

Minister for Local Government and Rural Development (Mr Joseph Y. Chireh) 12:35 p.m.
Mr 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 Second Reading of the District Assembly Elections (Amendment) Bill, 2010 may be moved today.
Mr Dominic Azumah 12:35 p.m.
Mr Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
BILLS - SECOND READING 12:45 p.m.

Mr Joseph Y. Chireh 12:45 p.m.
Mr Speaker, I beg to move, that the District Assembly Elections (Amendment) Bill, 2010 be now read a Second time.
Mr Speaker, the purpose of this Bill is to ensure that some criminalisation that was in Act 473 in respect of mounting
of platforms for Assembly members' candidature elections should be removed. The second is to allow organisations, other than the political parties to man platforms. In doing so, we are mindful of what is still within the Constitution and also in Act 462.
Once the Constitution still bars political parties from getting involved in elections at the district level, it is the view that other organisations and individuals also should not be allowed like the political parties, but allow any organisation to man platforms for candidates.
This was as a result of consultation that took a long period involving the Electoral Commission itself and they made a memorandum to the Ministry and this was subsequently sent to Cabinet and this was approved and this is why this Bill is here.
Indeed, two things are going to happen, to allow the organizations to organise platforms for candidates. But the organizations must get the approval from the Electoral Commission in writing. Number two, it must be a joint or common platform and not for candidates that the organization will like to have as their preferred candidate which is still in conformity with the fact that we should not have partisanship, we should not have divisions at the local level elections.
If you allow any organization to mount a platform for only one person it is most likely the person would be talking about other candidates who are not available to answer or respond. So it is a very short Bill and I urge my Colleagues to support the Bill to be passed early enough for the elections which would be held in October.
Mr Speaker, I beg to move.
Question proposed.
Chairman of the Committee (Mr
Dominic A. Azumah: Mr Speaker. Mr
Mr Joseph Y. Chireh 12:45 p.m.
Speaker, I rise to second the motion ably moved by the Minister in so doing, present the Report of the Select Committee.
1.0 Introduction
The District Assembly Elections (Amendment) Bill was laid before the House on the 2nd June, 2010, pursuant to article 103 of the 1992 Constitution. In accordance with Orders, 116 and 181 of the Standing Orders of the House, the Rt. Hon Speaker referred the Bill to the Committee on Local Government and Rural Development for consideration and report.
The Committee met on the 17th June, 2010 to consider the referral. The Hon Minister for Local Government and Rural Development and his team of Officials from the Ministry, the Electoral Commissioner and a Deputy Commissioner and The Director of Drafting at the Attorney- General's Department were in attendance to assist the Committee on the referral.
The Committee is grateful to these officials for the insight given during the deliberations.
2.0 Urgency
The Committee was of the view that due to the upcoming District Assembly Elections, this Bill should be treated under a Certificate of Urgency.
3.0 Reference Documents
During its deliberations the Committee made reference to the fol lowing documents:
i. The 1992 Constitution
ii. The S tand ing Orders o f Parliament
iii. District Assembly Elections Act, 1994(Act 473)

iv. District Assembly Elections (Amendment) Bill, 2010

4.0 Background

Pursuant to Chapter Twenty(20) of the 1992 Constitution, the District Assembly Elections Act (Act 473) was passed in 1994 to make provisions for the elections of Assembly Members into the various Metropolitan, Municipal and District Assemblies.

The Act inter alia prohibited the participation of political parties in District Assembly Elections and the mounting of platforms for candidates by persons other than the Electoral Commission.

With the implementation of this Act four (4) District Assembly Elections have been organised and there have been calls to make certain amendments to Act 473 to make District Assembly Elections more attractive. 5.0 Purpose of the Bill

The purpose of the Bill as indicated in the memorandum, is to amend Act 473 to facilitate the conduct of District Assembly Elections and to open up participation in the elections to organizations other than political parties.

6.0 Observation

Creation of Platform

The Committee was informed by the Officials that the current rendition of the law, which only made it possible for the Electoral Commission to mount a common platform for campaigns was hampering the conduct of the elections and affecting participation. That being the case some civil society organizations that were interested in assisting the Commission in

that regard were hampered.

Abuse by Political Parties

The Committee observed that the proposed amendment to Act 473 could be abused by political parties and wanted guarantee from the Commission that some safeguards would be put in place to avoid any abuse.

Reacting to the worry, the Electoral Commission assured the Committee that the provision mandating an organization to create a common platform would help curb any abuse.

It was also suggested that provision be made making the approval by the Commission a condition precedent to the raising of any Campaign Platform.

Organization of 2010 District Assembly Elections.

The Committee noted that the 2010 District Assembly Elections have been slated for October 2010 with filing processes and campaigning commencing in September, 2010. That being the case, the Committee noted that the Bill should be passed with urgency so that enough time would be available for the Electoral Commission to publicize and implement these amendments.

7.0 Amendments Proposed

Having regard to the observations made above and after a lengthy discussion with the stakeholders the Committee proposes the following amendments to the Bill:

i . In C lause 1 (b ) : amendmen t proposed: delete the whole sub-clause.

This amendment is being proposed because the earlier proposal in the Bill sought to prohibit the canvassing of votes by Individuals from house to house which was not the objective of the amendment to the Act.

ii. Clause 2: amendment proposed: delete and substitute with:

“The District Assembly Elections Act, 1994(Act 473) is amended by the deletion of Section 6 and the substitution of;”

6. Mounting of Platform

(1) An individual or a political

party shall not mount a platform or cause a platform to be mounted for the purpose of supporting or not supporting the election of a candidate to a District Assembly or to a lower government unit.

(2) An organization other than a political party may mount a platform with the prior written approval of the Commission, but the platform shall be for the common use of the candidates standing for the election.

(3) An organization other than

a political party desirous of mounting a platform shall apply to the Commission for approval and shall mount the platform according to he terms of the approval.

(4) An individual who contravenes

s u b s e c t i o n ( 1 ) c o m m i t s an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units.

(5) A political party that contravenes

Question proposed.
Mr Kwasi Ameyaw-Cheremeh (NPP - Sunyani East) 12:45 p.m.
Thank you, Mr Speaker for the opportunity to contribute in support of the motion.
Mr Speaker, District Assembly Elections Act, Act 473 was passed in 1994 and since its passage, four District Assembly Elections have been successfully organized by the Electoral Commission. In spite of the successes, there have been some drawbacks in the process of elections.
Even though the policy thrust of our local governance and decentralization is to prohibit the participation of political parties in the process. Act 473 unfortunately, extended the ambit of the law to include organizations other than political parties. It seems, that that prohibition was unduly and is unduly restrictive in the sense that it sought to kill the participatory spirit that surrounds local governance. The rationale of the current amendment is to untie the hands of civil or civic organizations and to enable them mount campaign platforms for contestants commonly.
The position of the parent Act reserves the right to mount platforms to the Electoral Commission to the total exclusion of interested organizations and even the contestants themselves. But the reality , Mr Speaker, is that the Electoral Commission has been unable to satisfactorily execute this mandate due to logistical and resource constraints. Again, from a practical point of view, it is highly improbable for the Electoral Commission to deploy itself into all the electoral areas in the country.
Mr Speaker, the Electoral Commission cannot do it all and so it is welcome news that these amendments are being sought to provide assistance to the Electoral Commission so that it will
Mr Speaker, the clause that says that, “this would be done with prior approval from the Electoral Commission”, is a very important one. We would want to urge the Electoral Commission to live up to expectation because if this is abused, it would be a very difficult situation for all of us. This is because it would then be difficult for even this Bill to be amended. Why am I saying so?
We know the rules. Until we are able to amend our Constitution, Bills usually would have to come to this House through the Executive. I would even have preferred that this would have been amended, but put in a regulation which would be much easier for this House when it is being abused or when it becomes very urgent or necessary for it to be changed could easily come here without so much bureaucracy. But nevertheless, once it has found itself in the main Bill, it is our hope that the Electoral Commission will live up to expectation so that we would not give this country any cause for regretting this very amendment.
Mr Speaker, with these few words, I would want to urge my Hon Colleagues to support the motion.
Papa Owusu-Ankomah (NPP - Sekondi) 12:45 p.m.
Mr Speaker, thank you very much. In contributing to this Motion, I would want to refer the House to article 248 of the Constitution and with your permission I would read in extenso. The heading is “POLITICAL PARTIES AND
CANDIDATES FOR ELECTION TO 12:45 p.m.

Mr Emmanuel A. Owusu-Ansah 1:05 p.m.
On a point of order. Mr Speaker, the Hon Member on the other side said in every community, any one person belongs to one particular party or the other. This is patently untrue, he is misleading the House. There are several people in this country, in their community who do not belong to any political party. So, for him to categorically say that in every communities, there is - one person belongs to one political party or the other, is not true. There is the concept of floating voters, they do not belong to any political party. So he should not mislead the House.
Mr First Deputy Speaker 1:05 p.m.
Hon
Member, take that on board.
Mr Avedzi 1:05 p.m.
Mr Speaker, that is my
opinion and that is what I know, if -
Mr First Deputy Speaker 1:05 p.m.
Hon Member, it is not a matter of opinion. It is not true that everybody belongs to a political party, that is the point. So, it is not a matter of opinion that everybody belongs to a political party. It is not a matter of opinion. There are people in the community who belong to various political parties within the community but not everybody belongs to a political party.
Mr Avedzi 1:05 p.m.
Mr Speaker, I thank you
for the correction.
Prof Michael A. Oquaye 1:05 p.m.
Mr Speaker, I heard my Friend on the other side talk about opinions. Mr Speaker, I
Prof Michael A. Oquaye 1:05 p.m.


want to help this House by bringing to the knowledge of this House, that the Institute of Economic Affairs (IEA) has conducted a well meaning research, which shows that 35 per cent of Ghanaians do not belong to a political party and the floating voter phenomenon is therefore, part and parcel of our politics.
Mr First Deputy Speaker 1:05 p.m.
Hon
Member, continue.
Mr Avedzi 1:05 p.m.
Mr Speaker, most of the
local areas, majority of the people are assumed to belong to one party or the other and whenever a candidate stands for an election into the district assembly, that candidate is either linked to one party or the other and that is the point I am trying to make. So, if a research was conducted and some percentage are declared not to belong to a political party, that is fine. But I am only trying to say that with a common platform, that impression of linking an individual to a political party would be corrected. That is the point I am raising.
Mr Wi l l iam O. Boafo (NPP
-Akropong): Mr Speaker, I rise to contribute to the debate on the Bill before the House. As was rightly pointed out by the Member for Sekondi, (Papa Owusu- Ankomah) the thrust of the constitutional provision relating to the operations of these district assemblies so far as elections are concerned, is to proscribe the participation of political parties. It sounds a bit strange for the proposal now before the House to exclude the individual for making effective presentation of himself to the electorate.
In the parliamentary and the Presidential Elections, we have situations where independent candidates are allowed to mount their own platforms. And I do not see the reason why in this particular case, we cannot allow the candidates themselves to mount their platforms if they
are prepared and willing to abide by the guidelines to be provided by the Electoral Commission. There is also a move to allow house to house campaign.
Mr Speaker, what is the difference
between an individual being allowed to undertake house-to-house campaign and also allowing him to mount a platform? It is a hypocrisy, it is a political hypocrisy and we must do away with that.
The other issue is with regards to civil organizations which are being allowed to mount the platforms. The proposal before us does not provide us with guidelines as to which civil organizations are eligible to mount the platforms. We know from practice, that these civil organizations are registered for particular purposes. Their objects are set out in their constituent instruments. So, it is necessary for us to know that there will be guidelines for the civil organizations to mount their platforms.
Mr Speaker, the provis ion of
guidelines is necessary to the extent that it will not encourage selective choices or discrimination in allowing the civil organizations to participate. With these remarks, I hope that when we come to the Consideration stage, we will be in a position to make the necessary suggestions.
Mr Samuel A. Jabanyite (NDC -
Chereponi): Thank you Mr Speaker for the opportunity.

Thank you.
Prof. Mike A. Oquaye (NPP 1:05 p.m.
None

Kwabenya): Mr Speaker, in looking at the principles of this Bill, we must be very, very careful that we do not go the pathway of unconstitutionality. What really is some mischief that we seek to remove by this amendment? I wish this hon House would use our precious time in a more profitable manner. It is a very serious matter. The Constitution tells us that -
Mr First Deputy Speaker 1:05 p.m.
Hon
Second Deputy Speaker, is it your case that what we are doing is not profitable? You are a very, very high official of this House so, are you suggesting that what we are doing now is not profitable?
Prof. Oquaye 1:15 p.m.
Mr Speaker, I am cautioning that we should not go anyway that may look like we are going that pathway at all. And I am just going to quote accordingly; we must be very, very careful how we tread.
Mr First Deputy Speaker 1:15 p.m.
But what you are doing is very profitable, that is why you are on the floor -
Prof. Oquaye 1:15 p.m.
Yes
Mr First Deputy Speaker 1:15 p.m.
So that based on your intervention, we can shape the law, which will be consistent with the Constitution of the Republic?
Prof Oquaye 1:15 p.m.
Yes, Mr Speaker, we will not even go at all on that pathway.
Mr First Deputy Speaker 1:15 p.m.
So what we are doing is profitable? What we are doing is profitable?
Prof. Oquaye 1:15 p.m.
Very well. Mr Speaker, the article 248 tells us that a person shall present himself to the
Papa Owusu-Ankomah 1:15 p.m.
Mr Speaker, it is not really a point of order but I do not seem to know the constituency of the Hon Member. Please, I was a bit confused. I thought that I did not hear Mr Speaker referring to his constituency when he asked him to speak. It also helps us, that is all.
Mr First Deputy Speaker 1:15 p.m.
So, you
have got it now. Are you all right now?
Papa Owusu-Ankomah 1:15 p.m.
Mr Speaker,
no, I have not heard -
Mr First Deputy Speaker 1:15 p.m.
Hon Member for Chereponi.
Papa Owusu-Ankomah 1:15 p.m.
Mr Speaker, Aha oh all right. Thank you.
Mr S. A. Jabanyite 1:15 p.m.
I am the Hon Member for Chereponi.
What I am saying here is that the substitution here that the amendment is seeking contradicts Act 248, which says that an individual has the right to seek district assembly Elections but should not do that on a political party. But looking at these things here, does not work out well because it violates the human rights.
And the basis for the Constitution stipulating this was that, the assembly man in any area is of social standing, he carries everyone along and then he is supposed to work in the interest of the whole community.
So, if he is seen campaigning for that post on a particular political party, he will be seen as dividing the people and for that matter, people will not have his trust when it comes to issues that - at the community level - so, the idea of debarring persons campaigning and mounting of political public platforms to campaign, I think should be re-considered.
Mr S. A. Jabanyite 1:15 p.m.


electorate as an individual. Mr Speaker, how does he present himself? If you look at article 55, what it says about political parties, they are to participate in shaping political will.

How can the political will of the person who has the right to campaign at the local level be known, unless he is allowed to campaign on his own merit? And also to disseminate information on political ideas at the local level by our law, this is now given to the individual; political parties should not do it. He should do it. If he cannot mount the platform how does he do it?

Do we want politics by vituperation and by whispering and by talking about individuals? They are to mount platforms; they are to meet the public and they are to help shape political will, help to disseminate information on political ideas and on social and economic programmes. This time, not of a national character but of a local character.

This is the constitutional expectation, Mr Speaker, that is given the individual at that local level. And for that matter, it would be a serious infringement to say that that person cannot mount a platform by himself.

Mr Speaker, what is a platform? What is a platform? A platform is one small, medium or large gathering that brings out a programme or ideas. That is the essence of a platform. And for that matter, the man or woman who is standing, to say that he cannot mount a platform notwithstanding the constitutional rights that are referred to, would be to infringe upon that particular person's human rights. And that is why I take it as a very, very serious matter.

Mr Speaker, we are given certain rights to civil society organizations. Who are

they? It would open a very dangerous floodgate because Mr Speaker, would the approval come from the constituency level, the Electoral Commission there or the regional level or the national level? And would the person who is perhaps, presiding upon this at the national level be mindful of all the various cultural, social, religious and other groups which are there?
Mr Chireh 1:15 p.m.
Mr Speaker, I am rising on a point of order. The Hon Member who was on the floor was going into legal matters, which are not the subject matter of this discussion. He is misleading the House.
First of all, the exercise that this Bill seeks to do is to grant more opportunities for these individuals who file to contest the elections. The unconstitutionality that he raised should be with the existing law and he knows the path to use to declare a legislation inconsistent. This one seeks to allow - and the Electoral Commission was fully involved in this discussion; indeed, the consultation was very wide as to who should do so. So please he should not mislead us into the idea of any violation of any part of the Constitution.
Indeed the portion that deals with this in the original Act remains intact. Because
bringing the two together on the same platform. Because as we all know, no two political parties can mount a rally or platform at the same place on the same day. Now he is telling us that this thing is political anyway. So it means that there would be different political groups or people coming on the platform of some church or cultural group and then the event would start. What about if it ends up in confusion? This is why I am saying there is no mischief to correct and if we do not take care this law would rather introduce a mischief that would be most unnecessary and most unanticipated because it would rather bring about clashes.
Mr Speaker, as for the community social organizations or whatever we call them which form part of the NGO world, those who have studied them would tell you, the moment you start to open, a floodgate by bringing them in, there would be a lot of clashes because they are not all agreed at all and some of them are as dangerous as anything.
I think, Mr Speaker, these are some underlining principles that infringe upon the individual's liberty as guaranteed under the Constitution and the person should be free to mount his or her platform so long as it is lawful; and if it is a large group the Police would come into regulate it. This, to my view, is most unnecessary.
I thank you, Mr Speaker.
Mr Hackman Owusu-Agyemang (NPP New Juaben North) 1:15 p.m.
Mr Speaker, my belief is that this amendment has no merit. Mr Speaker, if you look at the Constitution I think that this is one part of the Constitution which may see dramatic changes in the Constitutional review. So I even think that the Hon Minister for Local Government and Rural Development is even jumping the gun.
This is because, Mr Speaker, politics
the sponsorship is still banned. All the things he talked about -- But this time round - In fact, during the consideration by the Committee the Electoral Commission said, for instance, women's groups want to organize forums for their members - [Interruption] - Number two, churches have allowed their premises to be used. Please he should not mislead us.
Mr First Deputy Speaker 1:15 p.m.
Hon Minister for Local Government and Rural Development, you move the Motion; you would have the opportunity to wind up. So take notes and when the time comes for you to do the winding up then you respond to some of the issues that are being raised on the floor. Because when a Member of this Honourable House gets up and raises issues of the Constitution then we must take a critical look at them to make sure that what we are doing is right.
Yes, Hon Second Deputy Speaker?
Prof. Oquaye 1:25 p.m.
Mr. Speaker, I thank you very much. Article 248 simply tells us that that individual who seeks to be elected to the District Assembly “shall present himself to the electorate as an individual” - those are the words of our Constitution. Mr Speaker, it means simply what it says. He shall go by himself or herself. We cannot tell him that now if one wants to go, the person shall go through an NGO.
Mr Speaker, this is a very, very serious infringement upon the person's right and the person is entitled to say “By the Constitution of the Republic of Ghana, I will go; I will speak to people”. In fact, if it is a large crowd, he is bonded by the ordinary rules and he must inform the local police because a crowd is going to gather and it will go on.
Mr Speaker, if some people say that there is so much politics anyway at the local level, there is rather danger in

are organized at the polling station level. The New Patriotic Party (NPP) does it, the National Democratic Congress (NDC) does it, the Convention People's Party (CPP) does it; everybody does it.

So really, at the polling station level, just as Hon James Avedzi said, we have people whom we know to belong to one party or the other. And so when it comes to the electoral area level, obviously, they are also known; and then it comes to the constituency level. So, this attempt, really, to try as much as possible to depoliticise the District Assemblies, will not work.

What works in practice? We know that

the Presiding Member, if he is from the NDC and the majority is NPP they will never vote him in. The converse is also true. So we are deceiving ourselves in thinking that we have a District Assembly process that is non-political.

But most importantly Mr Speaker, the

style of every individual is different. The style of campaigning for votes of every individual is different. Hon Papa Owusu- Ankomah would go a different way, I will go a different way, why do does one have to oblige me to stay on a so-called platform mounted by an NGO which could also have political motives?

Hajia Mary S. Boforo: On a point

of order. Mr Speaker, I just want to ask the Hon Member why is he referring to 31st December Women's Movement?

PROF. OQUAYE] [Interruption] Is 31st December women's Movement the only organisation in the country? What about their Mother and Child Organisation? Why is he not referring to it?
Mr First Deputy Speaker 1:25 p.m.
Hon
Member, the Hon Member has given an example. If you can also have any other example, you also use that example.
Hajia Boforo: Mr Speaker, the
Mother and Child Organisation --
Mr Owusu-Agyemang 1:25 p.m.
Mr Speaker,

So, in my view, such a platform cannot be mounted because I have no need to say it is an NGO.

As I said, the style of campaigning of everybody is different and I do not think we should cocoon an individual in a way that this is the way he has to go. Leave them free to do what they want to do. If they want to go and it is NPP and NPP wants to support - let him to do it. If it is NDC, let him do it.

As a matter of fact, I believe that when I appear before the Committee one of the things I am going to campaign for is the fact that this business of presuming, behaving like ostriches and saying that the District Assembly is non-political is not the reality on the ground and so therefore, we start breeding the people when they are about three, four years old, inculcating our ideas and principles in their heads and telling them what it means to be either NPP or NDC or to be a Conservative or a Labourite.

So by the time they are about seven,

minds as a nation of this.

Take the case of the Electricity Company of Ghana (ECG), for example -
Mr First Deputy Speaker 1:25 p.m.
Hon
Member, kindly wind up.
Mr Owusu-Agyemang 1:25 p.m.
Mr Speaker,
I am giving you an example --
Mr First Deputy Speaker 1:25 p.m.
Kindly
wind up.
Mr Owusu-Agyemang 1:25 p.m.
Yes, Mr Speaker, I am winding up. Take the case of the ECG for example. The previous Chief Executive Officer started there as a legal officer and worked there for over 25 years and then he was the most senior officer - [Interruption.]
Alhaji Muntaka 1:25 p.m.
On a point of order.
Mr Speaker, my Hon Senior Colleague is grossly out of order.
Mr Speaker, we are discussing the
amendment of a Bill and he is going into areas that have nothing to do with this Bill and I would be very grateful - In fact, he is an Hon Senior Colleague of this House and we all learn from some of his presentations. He should stick to the issue so that we can all contribute meaningfully to the amendment of the Bill rather than diverting into other areas.
Mr Owusu-Agyemang 1:25 p.m.
Mr Speaker, if Hon “Tripple M” is not happy, I would just end that one soon. But what I am saying is that, if one is a professional , one goes through and become -- At the end of the day another government comes and - It is a point I have always wanted to make.
As a people, let us disabuse our minds of this and look at how the people came, whether they were brought from outside or have grown within. The company that I had the privilege of representing, they
eight years old they know where they are going to go, anyway, and we help to create a bank of people that we can use at the constituency level, at the polling station level and at all levels. But to say, really, that it is non-political, Mr Speaker, I beg to differ. And nobody can convince me, there is nobody, no Hon Member of this House who can say that the District Assemblies are non-political. Otherwise we would have known.
Mr Raphael K. Ahaligah 1:25 p.m.
On a point
of order. Mr Speaker, my Hon Friend from New Juaben, very good friend, when they came, they sacked all the appointees and today he is saying we sacked all their appointees. He knows it is the practice and he knows very well that that is the practice.
Mr Owusu-Agyemang 1:25 p.m.
Mr Speaker,
that is exactly the point I was making that if the NPP sacked all the NDC appointees and NDC sacked all the NPP appointees we are getting nowhere. The people with experiences are being sacked.
That even leads me to an issue in this
nation whereby professional people are in positions but once a government comes, because one is there in one's position one is sacked. There are several people who were in positions who were risen from grade 1, 2, 3, 4, 5 -- eventually becoming Managing Directors. But once one is a Managing Director or a Chief Executive Officer and another government comes, they automatically assume that one got one's position because one belong to NPP or NDC; and we should disabuse our

not move the motion.
Mr Azumah 1:25 p.m.
I presented the Report
on behalf of the Committee and once I get some information, I can throw it out there for Hon Members.
Mr First Deputy Speaker 1:25 p.m.
I want to
know exactly what you want to do because the rules are very clear. We are debating and everybody is entitled to speak once. The only opportunity that you have is to come under “interruptions under the Standing Orders. So I want to know exactly what you want to do. Except that if you want to say that the Hon Minister has decided that you should play his role of winding up for him, which is a different matter. Other than that, I do not see --
Mr Azumah 1:25 p.m.
The Hon Minister
would want me to make some intervention before he rises up.
Mr First Deputy Speaker 1:25 p.m.
Hon
Member, one or two Members would want to pass a comment because a lot of fundamental issues have been raised in this debate. So I would take Hon Gifty and I will get -- [Interruptions] Then I will call the Hon Minority Leader and the Hon Deputy Majority Leader, then we call the Hon Minister. Hon Kusi?
Mrs. Gifty Eugenia Kusi (NPP
- Tarkwa-Nsuaem): Mr Speaker, on page 2 of the Committee's Report, the last sentence, paragraph 6.0, on “Observations” --
“That being the case, some civil society organizations that were interested in assisting the Commission in that regard were hampered”.
Mr Speaker, what pertains now is that the Electoral Commission mounts platforms for candidates to air their views, to talk to electorates to vote for them. Mr Speaker, I think that if the Electoral
promote from within, so that is what I mean.
Mr Speaker, in conclusion, I believe that we are depriving the people of their rights and their style to campaign by saying that the platform would be mounted by people and sometimes, I cannot rule out a platform being mounted by Hon Yileh Chireh with his cadres and they are telling me to go and campaign there. Obviously, when one goes, one is already on a hostile ground. One will not make any impact.
So, Mr Speaker, this is a very vexatious amendment of no merit and so it should be completely rejected. We should make sure that we get the people to feel free to campaign the way they campaign, whether they were jeans or smocks or whatever, and how they say it, I believe that is what we should do. I want to urge the Hon Minister for Local Government and Rural Development not to go there at all because this is one thing that would not wash with us.
Mr First Deputy Speaker 1:35 p.m.
Hon Chairman of the Committee, are you going to contribute to it or what are your trying to do? Or is it a point of order? You are the one who presented the Committee's Report, so I want to know exactly what you want to do.
Mr Azumah 1:35 p.m.
Mr Speaker, I thought
that was the end of the contributions and I wanted to make --
Mr First Deputy Speaker 1:35 p.m.
Are you
the one going to wind up?
Mr Azumah 1:35 p.m.
Yes.
Mr First Deputy Speaker 1:35 p.m.
You did
Commission is handicapped and that civil society organisations want to help, the Commission can solicit for funds and these organizations can contribute to the common fund for them to use in mounting platforms so that candidates can speak to the electorates. But to give the mandate to organizations to mount platforms -- Organizations get their money from donors and then the donors will rather give the money to organization rather than to the Electoral Commission to mount these platforms --
I do not think it will be good because election results create a lot of problems. In some countries, they generate civil wars. So if some organizations in this country - some of them are sometimes being sponsored by political parties, we know. So if civil organizations are going to be given the mandate to mount platforms for candidates, Mr Speaker, I think we are in for trouble.
Those organizations should rather channel their resources to the Commission and if the Commission says they cannot do it, then they should come back to Parliament or go to government to ask for funds or they should go to the civil societies or donors to give them funds. But for organizations to mount platforms, Mr Speaker, it is going to be political parties turned to organizations to sponsor candidates in obscure circumstances.
Mr Speaker, I think this amendment should be rejected. The Report should be rejected; it is not going to augur well for this country. It is going to bring problems and if we do not take care people are going to fight.
rose
Mr First Deputy Speaker 1:35 p.m.
Hon Member, is it an information you want to provide?
Mr Azumah 1:35 p.m.
Well, it could be information but listening carefully to all the presentations, it does not appear we have got the import of the amendment.
Mr First Deputy Speaker 1:35 p.m.
Very well,
then when the Hon Minister is winding up, he will --
Hon Minority Leader?
Minority Leader (Mr Osei Kyei-
Mensah-Bonsu): Mr Speaker, much as I agree that we need to amend the relevant Act to enable us expand the frontiers for the elections, I believe that we should be very cautious in what we are doing. Clearly, the Constitution as has been brilliantly articulated by the Hon Member for Sekondi (Papa Owusu-Ankoma) as per article 248(1), is emphatic on what ought to be done. The language is unambiguous and it states:
“a candidate seeking election to the District Assembly or any lower local government unit shall present himself to the electorate as an individual, . . . ”
It as simple as that. But one is not required to use the symbol associated with any political party.
Mr Speaker, how does the individual present himself? The presentations certainly, include mounting a platform for himself. So if we are now saying that the individual cannot do that unless it is so done by the Electoral Commission. In this case, we are trying to expand only an organization. Mr Speaker, clearly that is restrictive and that goes again, against the Constitution.
Mr Speaker, clearly, what we are trying to do goes, against the grain of the Constitution. The Constitution provides that the individual can do it, it does not define the mechanism. But we are saying that, yes, the individual can do it but he can only do so on the wingst of either the Electoral Commission or an organization.
Mr Kyei-Mensah-Bonsu 1:45 p.m.
Mr Speaker, if my good Friend had listened and listened attentively, he would not have said that I am misleading the House.
It is the fact of us surrendering absolute discretion to the Electoral Commission, that is what we are worried about. That is why I am saying that as much as I am not against an organisation organizing a platform for the individuals, I believe that if we should allow that we should qualify which organizations should be allowed. To do that to the extent that we could say that any such organization should not have any political union, in my view, will be acceptable. That precisely is what I am saying.
So what is the cause of misleading this House in this? That is why I am saying that - [Interruptions] - Well, he is my good Friend and I would not want to go on that line. [Laughter.]
But Mr Speaker, beyond that, there are matters of serious concern as far as the efficient and effective operations of the District Assemblies are concerned. I thought that the Hon Minister -- and I hope the Hon Minister would be listening to me instead of having asides whilst we are making serious inputs.
Mr Speaker, there are serious matters
that should concern the effective and efficient operations of the District Assemblies. Already, we have spoken about pruning the number of the unit committees down. This is because we have told ourselves that in many places, it is difficult to get the 10-member unit. In many places one observes that they do not have more than three, four people at
Mr Speaker, my own candid opinion on what we are trying to do is trying to impose restrictions on the process to be engaged in by an individual to be elected. Mr Speaker, for that reason, I believe that this aspect of the provision that we are trying to enact today will be wholly unconstitutional. Mr Speaker, I am convinced and persuaded that what we are trying to do will be unconstitutional.
The second thing is, we are saying that
Alhaji M. M Muntaka 1:45 p.m.
On a point
of Order. Mr Speaker, the Hon Minority Leader, who is a very senior Member of this House, is grossly misleading this House. If you look at the amendment, it says, “with prior approval from the Electoral Commission.” It does not mean that any organization will be allowed to organize.
So I will be very grateful that in his contribution he inputs this “prior approval”, because the CJA or the AFAG or 31st December Women's Movement that is known to be politically biased, the Electoral Commission will not give them
the unit level who are active and interested in the operations of the unit committees.
We have also spoken about provision of incentives or motivation at that level and I thought that, maybe, we would be addressing our minds to that relating to the most efficient numbers at that level.
Mr Speaker, article 242(d) provides that 1:45 p.m.
“A District Assembly shall consist of the following members -
(d) other members not being more than thirty per cent of all members of the District Assembly, appointed by the President in consultation with the traditional authorities and other interest groups in the district.”
Mr Speaker, you will recollect that at the level of the Appointments Committee, when we wanted to know from the then nominees of the President at the level of the Minister and Deputy Ministers, theywere not able to tell us the number that is required to be added to the elected membership and we allowed the matter to rest. Mr Speaker, so we have some inconsistencies in the numbers in the various Assemblies relating to the President's nominees. The Hon Minister may have to come clean on this and let them know the exact numbers at those levels, which are required to be included as government appointees.
Mr Speaker, again, if you look at article
250(1), it provides:
“The emoluments of a District Chief Executive of a District Assembly shall be determined by Parliament and shall be charged on the Consolidated Fund.”
Mr Speaker, I do not recollect that
Parliament has done this exercise from NDC I, through NPP to NDC II. The emoluments of the DCEs should be established by Parliament, we do not do that. Mr Speaker, and just so that somebody may say that, “Oh! but perhaps, we could establish that and maybe 1993 and thereafter, have been continuing”.
Mr Speaker, it cannot be because when article 71 provides for the determination of the salaries and emoluments for the President and the Members of Parliament, it is done ritually every four years. And so, the Hon Minister, who is now responsible, should try to right what might have gone wrong or what has gone wrong, indeed.
Mr Speaker, the other thing that we should also take note of, again, relating to the emoluments of the Assembly members as captured under article 250(2), the Assembly members wanting to have some emoluments; we have left that to the Assemblies and every now and then, they are complaining because we have said the Constitution provides that it shall be paid out of the Assemblies' own resources.
The serious imbalance is that some Assembly Members are very well remunerated, others do not have anything at all, which is why some of them determine for themselves that there should be constant meetings of the Assembly in order for them to have sitting allowances. And really, it is taking so much from the resources of the Assemblies. And Mr Speaker, we expect the Hon Minister to come clean and provide us with the determination, the way forward so the Assemblies will be sufficiently motivated to work and work efficiently.
Mr Speaker, but going back to the issue raised initially relating to the constriction imposed on individuals to have their own platforms, my clearest understanding of the Constitution is that what we are doing, really, is to go against the grain of the

twenty people approach me and I talk to them, I am already on a political platform. One does not need to now go and apply -- and if one did not apply, therefore, one would have committed an offence and would then be slapped with a penalty. Mr Speaker, we should move away from that because at the lower level of the Local Government Administration, various people, local people who necessarily do not know our Constitution, who necessarily are not tettered or literate would want to present themselves and we have to encourage them to do so with little hindrances -
Mr First Deputy Speaker 1:45 p.m.
Hon Deputy Majority Leader, are you looking at the time?
Mr Pelpuo 1:45 p.m.
Yes, Mr Speaker. So, I think that we need to re-look at this Bill. In my opinion, I think that we should be moving towards a system where the Assembly administration and the Assembly process of electing individuals will be liberalised in such a way that people are not hindered if they want to present themselves And that if organisations want to support them, they would have ways to do that without necessarily providing platforms for individuals to do so. Individuals by themselves should be able to mount the platforms but we should not preclude the fact that -
Mr First Deputy Speaker 1:45 p.m.
Hon Members, having regard to the state of business in the House, I direct that Sitting be held outside the prescribed period.
Mr Pelpuo 1:45 p.m.
Mr Speaker, it should not be against the law for organisations which are non-partisan, who would want to provide resources to - [Interruption.]
Mr David T. Assumeng 1:45 p.m.
Mr Speaker,
on a point of order. Mr Speaker, is the Hon Deputy Leader of Government Business against the Bill? I am not clear of what he is saying. Is he speaking for the Bill or what?
Mr First Deputy Speaker 1:55 p.m.
Hon Member for Shai/Osudoku, you have heard what the Hon Member is saying. Hon Deputy Majority Leader, kindly continue.

Mr Speaker, my conclusion is that I think that if organizations are so eager to come in to help individuals they can still do so by giving them the resources in accordance with the Constitution and for the individuals themselves to go out there and seek the mandate of the people. But we cannot legislate on the fact that organizations themselves should mount platforms for individuals. It will be in contradiction with the very principle of the Constitution that provides for individuals to do so themselves.
Mr First Deputy Speaker 1:55 p.m.
Hon
Minister for Local Government and Rural Development?
Mr Dominic Azumah 1:55 p.m.
Mr. Speaker, I am coming with a point of information.
Mr First Deputy Speaker 1:55 p.m.
Hon Member, you give information when somebody is on his feet and I am going to apply the rules strictly because I do not want this deviation to be used as a precedent for tomorrow. The rule is that you speak once. If you have information to give, then give the information.
Mr Azumah 1:55 p.m.
Very much so, Mr. Speaker.
Mr First Deputy Speaker 1:55 p.m.
Well, I
thought you were going to provide the
information when somebody is on his feet. Now who is on his feet and you are giving information?
Mr Azumah 1:55 p.m.
Well, I had - the Hon
Deputy Majority Leader was on his feet when I wanted to give the information, Mr. Speaker.
Mr First Deputy Speaker 1:55 p.m.
Hon
Minister for Local Government and Rural Development, do the winding up. If you are doing the winding up and the Hon Chairman of the Committee thinks that the information you are giving is not sufficient and he rises and you yield to him, that is between the two of you.
Mr Chireh 1:55 p.m.
Thank you, Mr. Speaker.
rose
Mr First Deputy Speaker 1:55 p.m.
Yes,
Chairman of the Committee?
Mr Azumah 1:55 p.m.
Mr. Speaker, I am indulging my Minister for a point of information before he wraps up.
Mr First Deputy Speaker 1:55 p.m.
Hon
Minister, are you yielding to him? [Pause.] Are you yielding to him?
An Hon Member - Just say yes; you
are wasting time.
Mr Chireh 1:55 p.m.
Yes, Mr. Speaker, that is
Mr Azumah 1:55 p.m.
Mr. Speaker, thank you so much. Mr. Speaker, the information I wanted to provide - I think with the Hon Minister's permission I provide the information just briefly for him to wrap up -- [Interruption]
Mr Abdul-Rashid Pelpuo (NDC - Wa Central) 1:55 p.m.
Mr Speaker, as I look through the amendments, I kept asking myself, what is the ill in the present circumstance that is so crucial that the law has to be amended to accommodate a new change or a change that will cure a certain ill which for now, is hampering the administration of the process of getting individuals in accordance with article 248 to contest elections and to win elections on their own merit? This is because there are individuals in society who are projecting themselves to the society and who seek the mandate of the people to represent them at the lower level of our decentralised system.
Mr Speaker, as I look, I find it difficult to understand because we are graduating from a situation of a close system of a decentralised system where an election is conducted at the lower level, which is managed. This is because the Constitution provides that it should be non-partisan -- to a situation where people are every day crying and saying they want it to be liberalised and they want it to be political so that even MCEs and DCEs would subject themselves to an election so that the whole process will have a full democratic compliment.
Mr Speaker, when we move towards criminalising the fact, or making it an offence for people to submit themselves without permission, it becomes difficult. At this point, it is even difficult to understand. What does it mean “by a platform”?
If I stand for District Assembly Elections and I walk to the market and
Mr Kyei-Mensah-Bonsu 1:55 p.m.
Mr Speaker, really, I think this intervention is being routed through the backdoor.
Mr. Speaker, as you rightly said, if there is an Hon Member on his feet making an intervention and another Hon Member wants to provide information that could be so allowed. But the Hon Minister gets up, and concurrent to the Hon Minister rising up, my Hon Colleague also got up to provide information when the Hon Minister had not started speaking. Clearly, this is an abuse of the rules of procedure in this House.
Mr First Deputy Speaker 1:55 p.m.
I agree
entirely with you; But since the Hon Minister will not talk unless the Chairman speaks , what can we do?
Mr Azumah 1:55 p.m.
Mr Speaker, the
information I wanted to provide, which - the explanation of the amendment is what I wanted to provide. Article 248(1) is very emphatic that,
“A candidate seeking election to the Distr ict Assembly or any local government shall present himself to the electorate as an individual. . .”
Very well. The process of becoming a candidate is one must present one's self as an individual, not by a political party or any other group.
That process is not being offended by this amendment. It is still intact, it is still respected. The process of getting elected is a process by itself and that process -- [Interruptions] -- The process of becoming a candidate is different, and the process of being elected is - [Interruption.]
rose
Mr First Deputy Speaker 1:55 p.m.
Mr
Second Deputy Speaker, you have the floor.
Prof. Oquaye 1:55 p.m.
Mr Speaker, that
position is a public position. To present one's self means one must go to the public, interact with them, present one's programme, let them know what one is about, and that is what is linked with the other word “platform.” What is “platform”? In presenting one's self -- in fact, at whatever level - micro, mini- micro, maxi -- one is mounting a platform and that is what is very, very important.
Mr First Deputy Speaker 1:55 p.m.
Mr on
Chairman of the Committee, I think that you are effectively winding up, responding to issues that have been raised. Let the Hon Minister have the floor and do the winding up. Let the Hon Minister have the floor and then we will know what to do next.
Mr Chireh 1:55 p.m.
Mr Speaker, thank you
very much.
First of all, let me thank my Hon Colleagues for the wonderful suggestions that they have made in support of this Bill, particularly, the one that was given by the Deputy Ranking member of the Committee who has been a practitioner in the field and knows exactly the problems that have come up.
Mr Kobina T. Hammond 1:55 p.m.
Mr
Speaker, there is some confliction in the mind of the Hon Member for Garu Tempane, (Mr Dominic Azumah), that is, the Chairman for the Committee. He
seems to be afflicting the Hon Minister, so we have got to get this thing fairly clearly stated.
There is a fundamental difference between the wooden structure we call “platform” and what politically we call “platform.” That must be sorted out very clearly.
The Hon Member for Garu Tempane seems to be conflicting the wooden structure with the whole idea of people presenting themselves and demonstrating their ability to the public. He should get the two very clear, because he keeps on talking about platform, platform, as if platform is the Ntaaboo noa yedi asisi hono - [Laughter.] That is not - [Inter- ruption.]
Mr Azumah 1:55 p.m.
Mr Speaker, I just want
to assure Hon Hammond that I have gone through a District Assembly Election and I know what a platform is. I was elected as a member of an Assembly, so I know the system better than what he is saying.
Mr Chireh 2:05 p.m.
Mr Speaker, in view of the interest that has been shown by Hon Colleagues in this House, I would really suggest that you do not put the Question at this stage and that the debate should continue for people to express and understand the issues.
One of the issues, as I have said, is that
it is rather a move to liberalise, a move to encourage candidates to sell their ideas.
The second issue is that the candidates,
when they move from house- to- house, nobody is in a position to know how many people he is addressing at any particular house particularly given how huge some houses are and the populations there. What we are seeking to do and from the point of view of the Electoral Commission is that some organisations that are specifically not
political, are the ones they will look at and approve for them to mount and even there mount with the supervision -- mount with the approval and also for all the candidates and not an individual candidate
Now, when we talk about mounting a political platform and we say individual, we mean any person known prominently as a chairman of a party, he says I am going to organise a platform for these candidates. If he, the disincentive of doing so is that, unless your candidate is so good that other candidates, when they come to the meeting, your candidate will still shine. That is the caveat that we have used in the amendment that even there, you can only invite all the candidates to that common platform.
You see, the other issue is those who talk
about the politician. We did a review of the decentralisaion for a whole year, consulted extensively. Currently, at Cabinet, we have the recommendations that should go the Constitutional Review Commission. They stem from all the debates and discussions. And therefore, what it is seeking to do is for the Constitutional Review Commission to decide whether we should run this thing on partisan basis or not.
But for this year's election, the Electoral
Commission wants support from churches, which already assist it. But anybody could challenge those churches for allowing church premises to be used for candidates to present their ideas and manifestoes. We are not going to allow political party affiliated organizations, and that is why the Electoral Commission is saying so.
Mr Speaker, nobody is going to bar
Mr Kyei-Mensah-Bonsu 2:05 p.m.
Mr Speaker,
I admire the spirited effort of the Hon Minister to justify what is being done. But clearly, there are loopholes in what
Mr Chireh 2:05 p.m.
Mr Speaker, I think I
started by saying that the interest that has been generated, we should continue with this debate and that also means further
consultation and explanation to and I urge that no Question be put. This is what I said.
Mr First Deputy Speaker 2:05 p.m.
Hon
Members, this is a Committee of the House saying that we should take this Bill under certificate of urgency. Listening to the debate on the floor of the House carefully, certain fundamental issues have been raised from both sides of the House. My respective view is that we can put the Question but we will not travel beyond that point and take it further. Then, there can be consultation, if there is no consultation, that ends the matter.
If nothing comes out of that level, that may be it. But saying that we should debate this matter again after spending virtually the whole day after Question time debating this, then we will go back and debate - So, what we will do is that, we will defer the Question for consultation not for another debate - not for another debate. So, we would defer the Question on this matter for further consultation. After the consultation, then we take it up from there.
Dr A. A. Osei 2:05 p.m.
Mr Speaker, I know you
have already ruled that we are working beyond the usual two o'clock deadline. But I want this from the leadership - yesterday, we went beyond two o'clock, no adequate arrangements were made. Today, it is 2:10 p.m. and we are doing the same. Mr Speaker, we do not even have a quorum here and you want us to work through these arduous working conditions and be productive. This is why the debate is getting too long.
So, I think leadership -- the Hon Majority Leader should get the phone and consult so that we adjourn and decide for the rest of the day.
Mr First Deputy Speaker 2:05 p.m.
I entirely
agree with your sentiments. In fact, that is why at a point I asked the Hon Deputy Majority Leader whether he was looking at
the House and they start raising technical issues, we may have difficulties on the floor. So, we will give priority to that motion tomorrow.
Mr Pelpuo 2:05 p.m.
Mr Speaker, on that score,
I think that I want to re-read the mood of the House again and propose that we may adjourn.
Mr First Deputy Speaker 2:05 p.m.
Hon
Member, it is after two o'clock, so the adjournment of the House is at my discretion. Those are the few privileges that I have when I am in the Chair.
Hon Members, the House is accordingly
adjourned till tomorrow at ten o'clock in the forenoon.
ADJOURNMENT 2:05 p.m.

Mr Abdul-Rashid Pelpuo 2:05 p.m.
Mr
Speaker, it looks like the mood of the House does not look very good for continuation but I would apply to you whether it is possible for us to take - [Interruptions.] - We just lay one Paper and that is it. It would not take five minutes - just laying a Paper.
Mr First Deputy Speaker 2:05 p.m.
Which
Paper are you laying?
Mr Pelpuo 2:05 p.m.
Mr Speaker, items 12
and 13.
Mr First Deputy Speaker 2:05 p.m.
Which one.
There is no Paper to be laid.
Mr Pelpuo 2:05 p.m.
They are motions. Motion
12 - Mr Speaker, can we take motion 12?
Mr Kyei-Mensah-Bonsu 2:05 p.m.
Mr Speaker,
ordinarily I would have agreed but the Hon Deputy Majority Leader himself prefaced his own intervention by talking about the mood of the House. Mr Speaker, I do not want to swim against the tide. I would go along with the mood of the House.
Mr First Deputy Speaker 2:05 p.m.
Why do
we not take that as one of priority motions tomorrow? Taking into account the mood of the House, you need people to support the Motion ? And if you take the mood of