Debates of 12 Jul 2010

MADAM SPEAKER
PRAYERS 11:15 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:15 a.m.
Madam Speaker 11:15 a.m.
Hon Members, Correction of Votes and Proceedings of Friday, 9th July, 2010.
Page 1 … 6 --
Mr Anthony E. Amoah 11:15 a.m.
Madam Speaker, I was physically present on Friday but my name appears on page 6, number 9 as absent.
Madam Speaker 11:15 a.m.
Thanks for the correction.
Pages 7, 8 -
Prof. (Emeritus) Samuel K. Amoako 11:15 a.m.
Madam Speaker, page 8, number 1, the third line, “Ghana Advertiser's Board”, I think the apostrophe should be after the “s”.
Madam Speaker 11:15 a.m.
Yes, thank you. Any more on page 8?

The Votes and Proceedings of Friday, 9th July, 2010 as corrected is adopted as the true record of proceedings.

We move on to the Official Report of Friday, 2nd July, 2010.
Madam Speaker 11:25 a.m.
All right. Thank you.

Hon Members, the Official Report of Friday, 2nd July, 2010 as corrected represents the true record of proceedings.

Hon Members, item 3, I have not admitted any Statement for today.

Hon Members, I have considered the application from the Business Committee to vary the time for adjournment of the House sine die from 23rd July to 3rd August, 2010 in accordance with Standing Orders 37 and 42.

I thank you.

Mr First Deputy Speaker, can you please, take the Chair?

11.28 a.m. -- [MR FIRST DEPUTY SPEAKER
Dr Anthony A. Osei 11:25 a.m.
Mr Speaker, I
do not know if it is because of the noise in the House but I do not believe most people heard exactly what Madam Speaker said about the extension to 3rd August, 2010. Can you confirm that? Because I think most people were talking and did not hear her, so can you confirm it for us?
Mr First Deputy Speaker 11:25 a.m.
Hon Member for Old Tafo, when your boss has made a pronouncement and you are being asked to paraphrase or state what your boss has said, it becomes a bit difficult.
But if I heard right, what she said was that after going through the Standing Orders and everything, she has decided to, in consultation with the Business Committee, extend the time for the House to adjourn on the 3rd of August, 2010.
Hon Majority Leader, is the Motion, item 4 ready?
Mr Cletus A. Avoka 11:25 a.m.
Mr Speaker,
Motion number 4 will be deferred until Wednesday. The Minister of State in charge of this, Hon Azong, I understand, is in the North having some consultations. So, we will take this one on Thursday.
I would want to urge that we go to Motion number 8 on page 17 of the Order Paper, which is a Private Member's Motion.
Mr First Deputy Speaker 11:25 a.m.
Hon Majority Leader, what is the status of the Economic and Organised Crime Bill,
2009?
Mr Avoka 11:25 a.m.
Mr Speaker, we have
started with the winnowing of the amendments but unfortunately, we were stalled because on Thursday, the Leadership was invited to the Castle to join the President welcome the Black Stars back from South Africa. So, we did not do the winnowing on Thursday and Friday too, because of our programme with the Black Stars in this Chamber, we could not do the winnowing.
We have done up to clause 8 and that is not enough for us to start the debate. So it is our prayer that when we take the Private Member's Motion for a short period, then we will adjourn so that we go and commence winnowing for a long period today, so that tomorrow, we can continue the debate.
Hon Members who have filed
amendments with the Committee should take note that today there will be serious winnowing on the Economic and Organised Crime Bill, 2009. So, we will take the Private Member's Motion, then we will go on adjournment and tomorrow, we will continue with the Economic and Organised Crime Bill, 2009.
Thank you.
Mr First Deputy Speaker 11:25 a.m.
Thank
you very much. Hon Members, item 8 -
Osei Kyei-Mensah-Bonsu: Mr
Speaker, not to doubt what the Hon Majority Leader has just said, it is just by way of correction. It was really on Wednesday that the President invited Leadership to the Castle. Thursday, the Black Stars came to Parliament. Friday, because of certain events, we could not Sit early and we closed early as well. So, that explains why we could not have the winnowing.
Mr First Deputy Speaker 11:25 a.m.
Hon Members, Item 8?
PRIVATE MEMBER'S MOTION
Increased Electricity and Water Tariffs
Mr Edward Ennin (NPP -- Obuasi) 11:25 a.m.
Mr Speaker, I beg to move, that this Honourable House expresses concern on the recently announced increased electricity and water tariffs and calls for its immediate reconsideration.
The role electricity plays in our lives is significant. It enhances our productivity, comfort, safety, health and economy. It has been observed that we live with the benefit of electricity, and rightly so, the ready availability and access to electricity is so vital to the quality of life of the individual. Indeed, electricity is that important.
rose
Mr Ennin 11:35 a.m.
It is important that we set the records straight. Mr Speaker - [Interruption.]
Mr Avoka 11:35 a.m.
Mr Speaker, my Hon Colleague on the other side is not trying to do justice to this debate. He started by castigating the Government - [Interruptions] - Yes. Mr Speaker, we know who is responsible for this act; we know that there is an established institution that is responsible - [Interruption.] So to talk about NDC and NDC Government and the rest of them, I think that is most unfortunate.
We want to do a balanced debate; we want an informed debate. Ghanaians want to hear something - arguments for and against, not to politicize the issue. It does not augur well for this debate if we will have to take it on partisan lines as of now.
It is instructive to note that just about a few days ago, about Friday or so, the Office of the President had called on the PURC to meet the stakeholders - [Interruptions] -- The President called PURC to meet the stakeholders - [Interruptions.] - Government, as a listening Government, had called the PURC to link up with the
stakeholders and examine the issue. So to get up and talk about the insensitivity of the NDC Government and the rest of them, with the greatest of respect, is hitting below the belt and I think that is unfair.
Mr Albert Kan-Dapaah 11:35 a.m.
Mr Speaker, I am amazed. Mr Speaker, it does not lie in the mouth of the Hon Majority Leader to tell the Hon Member what he should say. The Hon Member is presenting a - [Interruption] - and he wants to tell him what he should say.
Mr. First Deputy Speaker 11:35 a.m.
Hon Kan-Dapaah, as for the latter part of the Hon Majority Leader's comment, it is a different matter. But the point that he raised was that the statutory body responsible for this is not the Government
-- 11:35 a.m.
Mr Ennin 11:35 a.m.
Mr Speaker, the PURC Act, 1997, Act 538(1) empowers the Commission to examine and approve rates chargeable for provision of utility services, that is water and electricity -- [Interruption]
rose
Mr Ennin 11:35 a.m.
The Act also demands that the PURC should be fair to both consumers and producers. Being fair to
producers means that the Commission will have to accept economic prices. This is understandable.
But Mr Speaker, it is a fundamental assumption in utility pricing that where economic prices do not match ability to pay by consumers, Government will make necessary interventions through cross- subsidisation and other forms of subsidies to restore consumers, the ability to pay.
Mr Speaker, in its eight years in office, that was exactly what the NPP -
Mr First Deputy Speaker 11:35 a.m.
Hon Member for North Tongu, do you have a point of order? I will be very strict with the rules - In fact, I want the debate to flow. I want this debate to flow; I will be very, very strict with the rules as far as this debate is concerned. If you do not have a point of order, I will not call you. So tell me the point or the order that the Hon Member has breached. Which point; which rule has he breached?
Mr Hodogbey 11:35 a.m.
Thank you, Mr Speaker, I referr to Order 91. I want your clearance, your guidance on this issue. The Motion concerns two sectors or Ministries - Water Resources, Works and Housing and the Ministry of Energy. If you look through the House now the Hon Ministers or their Deputies are not here - [Interruption] - The Chairman of the Committee on Mines and Energy is not here. The increase in these tariffs were made by the various - [Interruption] - I would like to know - [Interruption] - I will need your guidance -
Mr First Deputy Speaker 11:35 a.m.
Hon Member, what did the Hon Member on the floor breach? -- [Interruptions] -- What did he say which breached the rules? Order 91 allows you to interrupt but you
must tell us why you are interrupting-- by the breaching of a particular rule by the Hon Member. What rule did he breach which calls for the interruption?
Mr Hodogbey 11:35 a.m.
Mr Speaker, I said I needed your guidance -
Mr First Deputy Speaker 11:35 a.m.
Hon Member - Hon Member, -
Mr Hodogbey 11:35 a.m.
[Inaudible] -- Of these important Ministries, whether the Motion should be allowed --
Mr First Deputy Speaker 11:35 a.m.
Hon Member, this is not a point of order. The Business Statement was read last Friday and everybody who is interested in this debate and wants to participate needs to be in this House to take part. If they are not here, then it means they do not take this debate important.
Hon Member, continue.
Mr Ennin 11:35 a.m.
Thank you, Mr Speaker, for your ruling.
rose
Mr Ennin 11:35 a.m.
Mr Speaker, it is a matter of regret that President Prof. Mills should now refuse -
Mr First Deputy Speaker 11:35 a.m.
Yes, Hon Member for Madina/Abokobi, do you have a point of order?
Mr First Deputy Speaker 11:35 a.m.
Hon Member, they are asking you to substantiate the statement that you have made. He is asking you to substantiate.
Mr Ennin 11:35 a.m.
Mr Speaker, Prof. Mills made these promises in Wa, Tamale, Obuasi and even Madina - [Uproar.]
Mr Speaker, in the eight years in office
- 11:35 a.m.
Mr First Deputy Speaker 11:35 a.m.
Hon Member for Obuasi, the Hon Member is saying that you should substantiate - [Hear! Hear!] - Wait! Wait! I know that you have been here - [Interruptions.] - Hon Member, I know you have been here for a while and you know that if you want to substantiate, you just take one example and back it and then we continue -
Mr Ennin 11:45 a.m.
Mr Speaker, you know I am the Member of Parliament for Obuasi. When Prof. Mills visited Obuasi in the campaign era, he did mention that, that - [Uproar.] But were you there? Mr Speaker --
Mr First Deputy Speaker 11:45 a.m.
Hon
Mr Ennin 11:45 a.m.
Mr Speaker, providing
Ghanaians with the ability to pay utility price is a pledge that the NDC made in its campaign manifesto and on several campaign platforms by Mills during the 2008 campaign.
It is a matter of regret that President
Prof. Mills should now refuse to honour campaign promises made by him. That amounts to a deceit of the public --
Mr First Deputy Speaker 11:45 a.m.
Hon
Member, he is no longer a candidate. The then candidate is now the President. Now, he is the President of the Republic of Ghana but then - We have to address him now properly.
Mr Ennin 11:45 a.m.
Thank you, Mr Speaker. Mr Speaker, that amounts to a deceit of the public. It destroys the confidence that people have in government and to that extent -
rose
Mr First Deputy Speaker 11:45 a.m.
Hon
Member for Sege, do you have a point of order?
Mr Abayateye 11:45 a.m.
On a point of order.
Mr Speaker, I heard my Hon Colleague saying that Prof. Mills has deceived Ghanaians.
Mr Speaker, the Motion we are taking
is not appropriate now because the issues under which they filed the Motion, the President has instructed that the tariffs should be put on hold. Therefore, what is going on is not proper. The President has instructed that the tariffs should be put on hold and they should be re-looked at. So, for him to say that the President has deceived the nation and what they are doing is not proper.
Mr First Deputy Speaker 11:45 a.m.
Hon Member for Obuasi, kindly continue--
Yes, Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 11:45 a.m.
Mr
Speaker, we are not aware that the President has decided to circumvent the processes laid out for PURC in a law passed by this Parliament; we are not aware of that. And if the Hon Member has the information on where and when the President gave us this information, he may furnish us with further and better particulars.
The President instructing that the matter relating to tariffs should be put on hold in obvious breach of the PURC Act -- Mr Speaker, let him provide this House with further and better particulars. We are interested to know the source of his information.
Mr Avoka 11:45 a.m.
Mr Speaker, the position as
of now is that the Office of the President has invited the Board of PURC to take into account the public concerns raised about the high tariffs and to address the issues raised. That is all. The President has invited them to take into account the concerns raised by the public and other stakeholders. That is what His Excellency's Office has done. It is not that he asked that it should be put on hold and therefore, ordered anybody or anything.
The correct position is that he has

Several Hon Members -- rose --
Mr First Deputy Speaker 11:45 a.m.
Hon
Members, let us allow this debate to flow. Every Hon Member will have the
opportunity to express his or her opinion and I think that will be a better approach to this debate.
Mr Ennin 11:45 a.m.
Mr Speaker, it is a real threat to the democratic dispensation that we have. We should avoid such a political crisis and this is the principal reason we should demand as a House, that Government reconsiders the decision to hike up the utility prices.
Mr Speaker, the President and his
Mr George K. Arthur 11:45 a.m.
On a point of order. Mr Speaker, the Hon Member made a statement that the President had deceived Ghanaians by allowing the increase. Mr Speaker, no increment has been effected yet-- [Interruption.]-- No increment by the PURC, as they pronounced, has been effected yet, so it is not a deceit. Until the PURC effects the increment, he can never say the President has deceived Ghanaians and I will like him to withdraw that word, “deceit”.
Mr First Deputy Speaker 11:45 a.m.
Hon
Member, that is not a point of order. If the Hon Member made a statement and you know that the process has not been implemented, that is a different matter. They have announced the tariffs; as to when they would be implemented, is a totally different matter. So please, when you have the opportunity to debate the matter, then you bring any facts that you have and make them available to the House.
Hon Member for Obuasi, you have two
Mr First Deputy Speaker 11:45 a.m.


Hon Member for Obuasi, I have taken note that the Motion is standing in the name of three Hon Members and I would be calling those three Hon Members, except that you want to take all their time so that they will get up and second it for you.
Mr Ennin 11:45 a.m.
Mr Speaker, I have a lot to
say but my Hon Colleagues on the other side have -
Mr Speaker, this is an increase that
has annoyed all classes of consumers. Many residential consumers including many Hon Members of the House have observed that the increase is much more than the percentage increase announced. Residential consumers who were spending on average, between GH ¢40 to GH ¢50 per week are now having to pay over GH ¢100 per week. They are crying. They are suffering.
Commercial consumers are also crying. A couple of self-employed tailors in my constituency have complained bitterly about the astronomical increases. Some have said that the real percentage increases have exceeded 200 per cent.

Alhaj i Mohammed-Mubarak

Muntaka: On a point of order. Mr Speaker, my Hon Colleague is copiously reading his notes. But as a Motion, he needs to make reference, he needs to be guided by it but he is copiously reading and this, he knows, is not right. He can be guided by his notes but he should stop reading copiously from his notes.
Mr First Deputy Speaker 11:45 a.m.
Hon Member for Obuasi, you can refer to your notes but do not read.
Mr Ennin 11:45 a.m.
Mr Speaker, we are close
Mr Alfred K. Agbesi 11:55 a.m.
Mr Speaker, I rise to seek your direction in this matter. Mr Speaker, the Motion that is being moved calls on this House to express concern on the recently announced increased electricity and water tariffs. That is the import of the Motion. Mr Speaker, importantly, we are asking that we should express concern. I am aware-- and that is why I am seeking your direction, I am aware that this matter was before court and a decision was taken.
Mr Speaker, the Government also has expressed concern over this matter and if you see today's Daily Graphic, the front page, the concern of Government has been published over there. Mr Speaker, in the circumstances, I want your direction -- The concern that the Motion is calling for has been expressed by no other authority than Government. Mr Speaker, in the circumstances, I want your direction to the effect that this Motion as being argued or debated is unnecessary because the Government of the day has expressed its concern and that will give us the direction we are going. But the concern is, the authority that matters, that is the PURC, should meet the players of the game and consider a review of the matter.
Mr First Deputy Speaker 11:55 a.m.
Hon Member for Ashaiman, what directives are you requesting from the Chair to give because it is not very clear?
Mr Agbesi 11:55 a.m.
Mr Speaker, I want you to direct that the Government, having expressed concern over this matter, the debate should not be carried on because we have already expressed concern. Mr Speaker, this is the direction I want.
Mr First Deputy Speaker 11:55 a.m.
Hon Member, this is an entirely different body, it is different from the Executive. This is a totally different Constitutional body. We are doing our work here; let the Executive do their work as we do our work here.
Hon Members, this Motion has been admitted by Madam Speaker and it is right for us to debate this matter.
So Hon Member, continue but then start winding up.
Mr Ennin 11:55 a.m.
Mr Speaker, as I speak, members of the TUC continue to wear red bands in protest of the price hikes and the TUC has threatened to advise itself if the increases are not reviewed by July 13. Speaking for the TUC, Dr Yaw Baah has declared that the “increases were unrealistic and unacceptable”. He added that the Government “seems to have ignored the direct and indirect negative effects on consumers, industry and employment”, and pointed out further that “these increases can have serious effects on the political stability we all cherish so much”.
Mr Speaker, there is an emerging confrontation which is unnecessary. It is uncalled for and let us intervene to avoid it.
Speaking for employers, the Ghana Employers Association has also warned that the increrase translated to between
170 and 200 per cent for small and medium scale businesses. They have cautioned that if Government did not intervene to mitigate the effect of the tariff increases, Ghana's reputation as the best frontier investment destination would be affected.
The Association of Ghana Industries (AGI) has not been left out. They have also screamed. In a letter to the Chairman of the PURC, the AGI pointed out that the “increases would result in the collapse of companies that rely heavily on electricity” and would also lead to the collapse of small and medium sized industries” as well.

Mr Speaker, the question is whether we are prepared for all those messages of gloom. And if I may ask, what happened to the campaign promises of Candidate Prof. Mills? Or were they a pack of campaign lies and rhetorics? [Interruptions.] I call upon - [Interruption.]
Mr Avoka 11:55 a.m.
Mr Speaker, the Hon Member 's language has become unparliamentary. He is saying among other things that Prof. Mills lied to the people when he was a candidate. I think that that is unparliamentary and he should be made to withdraw and retract that statement.
Mr First Deputy Speaker 11:55 a.m.
Hon Member, that language is rather harsh. It is strong, so you use another word then we progress; it is wrong. We ourselves on this floor cannot refer to ourselves as
Mr First Deputy Speaker 11:55 a.m.


lying so we cannot use it on people outside the House.
Mr Ennin 11:55 a.m.
Mr Speaker, I withdraw that word and make it “campaign deceit”.
Mr First Deputy Speaker 11:55 a.m.
Hon Member, it is still harsh. It is still un- parliamentary, you can still make your point without necessarily using that type of language. Kindly withdraw and then continue the debate.
Mr Ennin 11:55 a.m.
Thank you, Mr Speaker. I withdraw --
Mr First Deputy Speaker 11:55 a.m.
Very well.
Mr Ennin 11:55 a.m.
Mr Speaker, I call upon Colleagues to join me in calling for an immediate intervention of Government through cross subsidies and other forms of subsidies.
The Government should not feel that all avenues are shut. They should rather challenge some of the long-held assumptions underlying tariff setting by the Ghana PURC.
Mr Speaker, there is this fundamental argument who should bear the cost of expansion of facilities used by the utilities to cater for future customers. In other words, should it be the responsibility of today's utility customers to pay for the investment costs needed to serve tomorrow's utility customers?
The view of PURC is that today's customers should bear that cost, I disagree. Investment costs by the utilities should be funded by loans or through retained earnings of the utilities. Why should I be called upon to pay for the cost of equipment used by a manufacturer to produce products that he sells to me? In my opinion, this is absurd.
A way out for Government, therefore, is to review this pricing philosophy and remove from the price build-up, the investment costs of the utilities. That, Mr Speaker, will immediately and drastically bring down the prices.
Again, Mr Speaker, much as I accept the concept of economic prices for the poviders, may I ask, to what extent can we and should we as consumers absorb the cost of inefficiencies by the utility companies? Mr Speaker, it has been revealed that the Water Company Limited cannot account for well over 40 per cent of water it produces. The Electricity Companies also have commercial losses of over 30 per cent.
In the utilities, inefficiencies translate into what they call commercial losses. Unlike technical losses, these are easily avoidable. Mr Speaker, Ghanaians should be spared the ordeal of paying for the crass inefficiencies of the utility providers. This offers Government another excellent window of opportunity to bring the prices down.
There can be other windows of opportunity and I call on Hon Members to rise above partisan politics and support this Motion to provide much needed relief to Ghanaians.
Mr Speaker, I so move.
But Mr Speaker, I want the Table Office to get a full copy of my Motion.
Mr Kwame Amporfo Twumasi (NPP -Nkoranza South) 12:05 p.m.
Mr Speaker, I beg to second this Motion ably moved by the Hon Member for Obuasi (Mr Edward M Ennin) and call on all my Hon Colleagues to give support to this Motion. The Motion
is very simple, harmless and innocuous. [Hear! Hear!] It states and Mr Speaker, with your permission, I quote:
“That this Honourable House expresses concern on the recently announced increased electricity and water tariffs and calls for its immediate reconsideration.”
Mr Speaker, the Hon Member who moved the Motion did not mince words in stating the benefits of the utilities concerned. The utilities being electricity and water. They are so essential to life, thus there should be no attempt whatsoever to deny or deprive any citizen of this country of them.
Those of us, Mr Speaker, in your Committee on Mines and Energy have had series of interactions with especially the electricity providers, to which Volta River Authority (VRA), which is in generation, Ghana Grid Company (GRIDCO) is in transmission and Electricity Company of Ghana (ECG), is in distribution.
We the members of that Committee undoubtedly appreciate and understand the challenges these three bodies are going through. In accepting, Mr Speaker, to amend the PURC Law, Hon Members were unanimous and did not mince words in accepting the challenges as well as suggesting solutions to some of the problems these bodies were going through.
Mr Speaker, since last year, the three
bodies have made their stand clear. Considering the challenges, they have stated and re-stated on several platforms, especially with the Committee, that unless the Government came in with massive injection of support, they had no other alternative than to push the total cost to the consumers. Expectedly, members of the Committee have felt that Government would not shirk its responsibility. We had expected Government to come in headlong
to accept that responsibility and support the utilities.
Mr Speaker, ever since the amendment to the PURC Law, some of us-- and I recall very well that on the programme with the Hon Chairman of the Committee on Mines and Energy, we were compelled to play the role of public relations for the utility companies and to disabuse the minds of consumers, that Parliament - this Honourable House had given a right of increase in prices and tariffs to these utility companies.
It, therefore, came as a surprise Mr Speaker, that while we were looking at and thinking of the benchmarks that PURC was going to initiate to mark the performance of these utility companies, they rather came up with this tariff hike.
I recall that in our last meeting with
PURC, when even this price hike or tariff increase was mentioned, an Hon Member who fortunately, is a Minister of State, in the person of my dear Brother, who is looking straight into my face ( Haruna Iddrisu), sadly was even surprised about that.
We, Hon Members of the Committee, felt that PURC should undertake the statutory assignment given to it, sensitise, discuss and have discourse with the consumers and the public as well as effectively monitor the performance of these utility companies before thinking of price increase. This did not come on. [Hear! Hear!] But Mr Speaker, more importantly, as Hon Members of this august House, we need - [Interruption.]
Alhaji Amadu Sorogho 12:05 p.m.
Mr Speaker, on a point of order. Mr Speaker, the Hon Member who just spoke is misleading this House. He started nicely by saying that we - [Interruptions]-- I am a member of the Committee, please. I am a member of the Committee on Mines and Energy and at the meeting, I was there; when he started, he said we asked PURC to sensitise the public, which is true.
Mr Kyei-Mensah-Bonsu 12:05 p.m.
Mr Speaker, you signalled at the very onset that you were going to apply the rules religiously in respect of interventions. Mr Speaker, clearly, many of these interventions are really points of disorder - [Laughter.]
Mr Speaker, with respect, I would entreat you to apply the rules religiously, otherwise, we may not get anywhere if you allow such interventions.
Mr First Deputy Speaker 12:05 p.m.
Hon
Minority Leader, I have not ruled on what he said before you got up and I recognise you as the Leader of the Minority in this Honourable House.
The point that he made was that, he was there, so he should tell the full story, what transpired. He started by saying that the Hon Member who spoke (Mr Twumasi Appiah) was misleading the House and that was what caught my attention -- misleading. So, I wanted to hear the extent to which he had misled this House. According to him, all that the Hon Member said was true but that he left the other aspect of what transpired at the meeting.
Mr Kyei-Mensah-Bonsu 12:15 p.m.
Mr Speaker, with respect, if I have to quote from a book to justify an argument, am I to quote the entire book or even the entire chapter or paragraph? Mr Speaker, to the extent that what I have put out there from the book, justifies my argument. If he has anything to the contrary, when it comes to his turn, he uses it as part of his argument or debate. He is not to tell him which part of the discourse to engage in.
Mr First Deputy Speaker 12:15 p.m.
Hon
Minority Leader, you are right. When the time comes for you to take part, you can also quote the part of the book you want to quote.
Yes, Hon Member, continue.
Mr Twumasi 12:15 p.m.
Thank you very
much, Mr Speaker. The Hon Member is a member of the Committee, we shared ideas, and he is perfectly right. We never said that there was no need for an adjustment in the tariffs. We never said that at the Committee level.
I remember very well that when we were even talking about sensitization and monitoring, he gave a classical example in his own constituency -- that had led to an improvement in the services of water and electricity in his constituency and that is exactly what we want PURC to be doing.
Now, back to the tariff imposition. Mr

Maj (Alhaji) (Dr) Mustapha Ahmed

(retd.) -- rose -
Mr First Deputy Speaker 12:15 p.m.
Hon
Deputy Minister, do you have a point of order?

Maj (Alhaji) (Dr) Ahmed (retd.):

Yes, Mr Speaker.
Mr First Deputy Speaker 12:15 p.m.
What Order? Do you have your Standing Orders there?
Maj (Alhaji) (Dr) Ahmed (retd): Mr Speaker, the Hon Member -- [Some Hon Members: What Order?] -- made a statement that is very misleading. He said, after the PURC met with the Committee, they were advised to make certain engagements with the public to sensitize them and then to educate them on the tariffs.
But I would like to place on record that the PURC actually held a number of regional fora, one of which I attended, where they had a very useful engagement with the general public and discussed matters with them.
Therefore, it is wrong for him to say that the PURC did not do any of those things and just went ahead and increased the tariffs.
I would like him to take that on board, Mr Speaker.
Mr First Deputy Speaker 12:15 p.m.
Hon
Member, kindly continue.
Mr Twumasi 12:15 p.m.
Mr Speaker, I think my
respected Hon Member was not listening to me properly.
Mr Speaker, now, let us look at the effects -
Mr First Deputy Speaker 12:15 p.m.
Hon Member, you should be winding up now.
Mr Twumasi 12:15 p.m.
The effect, the impact,
-- 12:15 p.m.
Mr First Deputy Speaker 12:15 p.m.
Yes, he should be winding up now.
Mr Twumasi 12:15 p.m.
The effect, the impact and the reactions of the people on the price hikes. Trades Union Congress (TUC) has spoken, National Union of Ghana Students (NUGS) has spoken, Association of Ghana Industries (AGI) has spoken. And surprisingly, Mr Speaker, even though we talk about an average of 89 per cent increase in the price hikes, to the textile industry, the last time there was a price adjustment was in 2007. From that time, up to when this announcement was made, they were paying 0.09 Ghana pesewas per kilowatt consumption of electricity.
The mining sector was paying 16 Ghana pesewas for same quantity. This time round, they have been put together. The textile industry and the mining industry are both paying 0.27 Ghana pesewas per kilowatt consumption. So for the textile industry, the price increase is about 300 per cent. It is not 89 per cent as we are being made to understand.
The problem is that it is part of the cost of production. If they are not able to absorb this, what do they do? The factory may have to close down and what would be the impact on the workers? Workers would have to be laid off. Mr Speaker, industry is going to suffer.
Only last week, the Association of Landlords and Landladies in Asikafo Ambantem in Takoradi had a meeting and they expressed their sentiments. But what is significant to me, and to all of us, is that, they are making an appeal. The appeal is going to the Council of State, the appeal is going to Hon Members of Parliament. They see us as close to government and that goes to confirm what my Hon Colleagues have mentioned. Our Leader has said it and other Colleagues have also mentioned it, that the Executive has heard the cry of the people.
As representatives of the people, what do we also do? It behoves us, Mr Speaker, that we must also register the feelings of
the people to PURC to reconsider the hike. It should not end there. We can suggest and recommend to the Government to also come in, and in so doing, we expect the Government to intervene with policies and programmes that would enable the utility companies to function.
I recall that in 2007/2008, when even the water level was so low and the proportion of hydro mix in the generation of electricity was so low, Government had to intervene. Now that we have high level of water in the Akosombo, thank God, and there is this level of support, some of us think that government can still do more.

Question proposed.
Minister for Roads and Highways (Mr Joe K Gidisu) (MP) 12:25 p.m.
Mr Speaker, I sympathize with my Hon Colleagues, especially the mover of the Motion, who tried to run away from the initial intent of the Motion.
Mr Speaker, this Motion, as it stands, is that this House expresses concern on the recently announced increased electricity and water tariffs and call for its immediate reconsideration.
Mr Speaker, as the motion stands, I do not think that it will strike any other person who is very passionate about the situation to have any extraordinary view from the main import of the Motion.
Mr Speaker, looking up and listening to my Hon Colleague who moved the Motion and created the impression that the present Government has been insensitive to the situation, is a misnomer.
Mr Speaker, utility charges all over the world are reviewed from time to time, to
Minister for Roads and Highways (Mr Joe K Gidisu) (MP) 12:25 p.m.


reflect prevailing cost of producing those facilities.

Mr Speaker, it is on record - if one goes to look at the last eight/nine years what the situation had been. Mr Speaker, in 2001, when Hon Kan-Dapaah was the Hon Minister for Energy, they thought it expedient to increase the average end-user tariff to 103 per cent - [Interruptions] - Yes, Mr Speaker, the figures are there. And in 2002, it was 60 per cent; In 2003, it was 12 per cent. Mr Speaker, in 2006, it was 28 per cent and 2007, it was 35 per cent. Mr Speaker, one would have expected that government -- [Interruption]
Mr Albert Kan-Dapaah 12:25 p.m.
My name has been mentioned and I just want to correct an impression.
[Hear! Hear!] I authorised those percentage increases. But the issue is
Mr First Deputy Speaker 12:25 p.m.
Hon Member, do you have the power to authorise increases in tariffs? Do you have that power?
Mr Kan-Dapaah 12:25 p.m.
No, I do not. I agree. But Mr Speaker -
Mr First Deputy Speaker 12:25 p.m.
But you were then the Hon Minister?
Mr Kan-Dapaah 12:25 p.m.
I was then the Hon Minister.
Mr First Deputy Speaker 12:25 p.m.
But you did not authorise?
Mr Kan-Dapaah 12:25 p.m.
No, I did not.
Mr First Deputy Speaker 12:25 p.m.
So, you would withdraw the word “authorised”?
Mr Kan-Dapaah 12:25 p.m.
So, I withdraw the word “authorised” -- [Laughter]. -
Mr Speaker, it is not the quantum that matters. The point that was made by the Hon Member who moved the Motion is that, yes, because of the PURC Act, and the need to provide economic prices, there will be times when the percentage increase will be very high. But that Government has a duty to mitigate the effects through gross subsidisation and other methods so as to restore to consumers the ability to pay. What he said -
Mr First Deputy Speaker 12:25 p.m.
I called you because he mentioned your name but I think that you should limit it to the point that he made. And I think you have made the point.
Mr Kan-Dapaah 12:25 p.m.
But Mr Speaker, I wanted him to know that he is quoting me out of context.
Mr First Deputy Speaker 12:25 p.m.
He only said that when you were the Hon Minister for Energy, there were increases in tariffs, which you conceded to.
Hon Minister, kindly continue.
Mr J.K. Gidisu 12:25 p.m.
Mr Speaker, when a government decides to postpone decisions which with hindsight will create the present situation, in which we find ourselves, then that Government is rather irresponsible in terms of facing the reality --
rose
Mr First Deputy Speaker 12:25 p.m.
Hon Member for Old Tafo, do you have a point of order?
Dr A. A. Osei 12:25 p.m.
Mr Speaker, the Hon Majority Leader has told us that it is not Government that makes that decision. I do not know whether he was here or not.
So, he is saying that “when Government postpones the decision” -- The Hon Majority Leader was very clear to us this morning that it is the PURC. Now, he gets up and he refers to Government. He is misleading this House. He should withdraw that statement unless he is saying that his Leader is lying to the House. The Leader has told us this morning that it is not Government.
Mr First Deputy Speaker 12:25 p.m.
Hon Members, the point has been made, not only by the Hon Majority Leader but the Hon Minority Leader also made that point when reference was made to the President doing something - giving some directive, which brought the Hon Majority Leader to his feet to clarify the position. So, Hon Minister, kindly take that on board, that the decision, the statutory body that increases tariffs or announces tariffs in this country is the PURC.
Mr J. K. Gidisu 12:25 p.m.
Thank you, Mr Speaker -
rose
Mr First Deputy Speaker 12:25 p.m.
Hon Majority Leader?
Mr Avoka 12:25 p.m.
Mr Speaker, at this stage, I would want to intervene and apply under Order 93 of our Standing Orders that the debate should be suspended in the light of the fact that this matter is before court of competent jurisdiction.
Mr Speaker, my attention has just been drawn to the fact that the matter is in the Fast-Track High Court. That, it was brought there by two plaintiffs; one Kwame Boateng and Kofi Owusuhene -in Suit number AC347/2010. And they are seeking a declaration and an order of the court to review downwards the rates that were announced by the PURC among other things and an injunction to restrain them from making those prohibitive charges. It is the same matter that we
Papa Owusu-Ankomah 12:25 p.m.
Mr Speaker, this is Parliament; an arm of the State. The Motion before us is not asking any institution to determine the rates that were imposed in respect of utility tariffs. What this Motion seeks to do is to express concern. It does not compel any action. And if we debate this Motion, there is no way it is going to prejudice the interest of anyone because we are not pronouncing judgement on anything; we are expressing concern.
Secondly, Mr Speaker, I am surprised that the Hon Majority Leader is making this statement, when he had said the President had given a directive to PURC - [Interruption] -- that is what he said - to take - I do not even know when this action was brought to the court - and the Hon Majority Leader is part of Leadership of this House. If he knew this, he ought to have drawn the attention of Madam Speaker to this, so that she does not even admit this Motion.
What the Hon Majority Leader has done in his capacity as Leader of the House, is to unduly undermine the work of this House. And Mr Speaker -
Mr First Deputy Speaker 12:25 p.m.
Hon Member for Sekondi, that is rather harsh.
Papa Owusu-Ankomah 12:25 p.m.
I withdraw that.
Mr First Deputy Speaker 12:25 p.m.
Because it is only fair that if there is any information, any Hon Member of this House --
Papa Owusu-Ankomah 12:35 p.m.
As far as I am concerned, what the Hon Majority Leader is doing is just raising the piece of paper. If he really wants us to take account of this, he should produce a formal set from the court indicating the date when the matter was filed, and the present status of the case, so that this House, in deciding, not to do what is constitutionally empowered to do, that is having regard to all the facts before it.
But this way of raising objection, Mr Speaker, I am urging you not to countenance it. This is because the debate in this matter will not prejudice the interest of either the plaintiffs or the defendants -- supposedly, PURC in this matter.
What the House is seeking to do, is to express concern, not giving a directive,

-- [Interruptions] -- like the President has done. I am urging you to dismiss this objection until the Hon Majority Leader has produced full particulars relating to this matter. If you accept the Hon Majority Leader's argument, what is going to happen is that this House's work would be unduly stultified by any action at all being brought before a court, particularly when this matter was pending before the House before any such action was brought.
Mr Haruna Iddrisu 12:35 p.m.
Mr Speaker, I was trying to catch your eye to draw the attention of the Hon Member for Sekondi, Papa Owusu-Ankomah to his very convenient reading of the Motion which he used to support his legal opinion. And Mr Speaker, may I refer you to page 17, in particular “Private Member's Motion” and that it is important that as we espouse our legal principles, they are supported by the facts. He conveniently chose to read the first part which Mr Speaker, with your indulgence, I quote:
“That this Honourable House expresses concern on the recently announced increased . . .”
Mr Speaker, that is only the first part of the Motion; the Motion travels beyond, for which, good reason, he decided not to see and not to share it with this House. And
Mr Speaker, it says 12:35 p.m.
“... increased electricity and water tariffs and calls for its immediate consideration.”
Mr Speaker, whether he is employing the literal or the mechanical approach to the interpretation, whatever it is, its “immediate consideration” carries in it weight of prejudice, because what else could you be reconsidering? Either to withdraw it or a downward review of it or completely do away with it. So to argue that the Motion does not -- I would agree with him if he says that “This House must
exercise its legitimate constitutional duty of debate”. That is what we are here to do without prejudice and with respect to the other arm of Government, which is the Judiciary.
But Mr Speaker, to limit his argument only to the first part, does not help this. We are prepared to debate this matter and we will point out the economic rationale and basis for those increases. A few years ago, they were here; there were increases in tariffs and there were justifications.
Mr Speaker, I think that he must properly read the rendition well and support his argument. I thought that he would have relied on your opinion, Mr Speaker's opinion to persuade you to allow the debate to continue. But even that will show that this House is not showing enough respect to the judicial wing of Government.
Several Hon Members - rose -
Mr First Deputy Speaker 12:35 p.m.
The two Leaders are on their feet; I was going to hear one or two, then I know what to do. But I realise the two Leaders, if they are on their feet, then I have to call them and curtail the rest.
Mr Owusu-Agyemang 12:35 p.m.
Mr Speaker, let us talk before the Leaders speak.
Mr First Deputy Speaker 12:35 p.m.
The Hon Member for Esikadu/Ketan, Mr Joe Ghartey, he was on his feet earlier.
Mr Joe Ghartey (NPP - Esikadu/ Ketan) 12:35 p.m.
Mr Speaker, thank you very much for giving me the opportunity to share some views on this matter.
Mr Speaker, even though this has arisen out of just one Motion, it raises very, very important issues. Standing Order 93 (1) says and with your permission, I quote:
Mr Joe Ghartey (NPP - Esikadu/ Ketan) 12:35 p.m.


“Reference shall not be made to any matter on which judicial decision is pending in such a way as may, in the opinion of Mr Speaker, prejudice the interest of parties to the action.”

Mr Speaker, in this formation, the operative words are “in such a way.” Mr Speaker, we must recognise the principle of separation of powers, and indeed, Order 93 seeks to deepen the principle of separation of powers. So the test, in my view, the singular test for Parliament, when it is considering whether to raise a matter which is in court or not, is whether or not what is said in Parliament will affect the judge or will affect the proceedings in anyway.
Mr Speaker, if I may give one example 12:45 p.m.
if there is evidence which is available only to a Member of Parliament; if for example, the Hon Minister for National Security has some evidence of a security nature or the Attorney-General and Minister for Justice has some evidence that is not available to the general public, and there is a matter before court and the Hon Attorney-General and Minister for Justice or the Hon Minister for National Security, Mr Speaker, regardless of which side they are on, comes to the floor of Parliament and in support or in opposition of a Motion or a statement being made, raises those matters which are not in the public domain, it may have the tendency of prejudicing the outcome of the matter. For example -- Mr Speaker, I see three lawyers shaking their heads.

Mr Speaker, so the point I am making

is that, this provision must be given a purposeful approach, a purposeful interpretation, not a literal or mechanical one as my younger Brother is saying; my Hon Colleague in Parliament, but my younger brother at the Bar. Apart from literal and mechanical, there is also the purposeful approach, and that is the preferred approach today.

What is the purpose of this, and when you give it a purposeful approach, Mr Speaker, you would give it such a broad approach which would enable the debate to go on in this House, because the danger is that, if I want to truncate debate in the House, even when debate has started, I will file an application; it does not even matter if the application is dismissed at the end of the day. We have not even been told the issues in this case before us; we do not know the issues at stake.

Mr Speaker, it is my respectful opinion that in the circumstances of this case, what we are discussing here will in no way prejudice what is happening in court. Indeed, it would be a sad reflection on our court system and I have great confidence in our Judiciary, that a mere Private Member's Motion and some view from Parliament would influence court proceedings when the matter is not in evidence before the court.

On that note, I thank you very much, Mr Speaker.

Deputy Minister for Energy (Mr Inusah A. B. Fuseini) (MP): Mr Speaker, indeed, this is an interesting debate. It is an interesting debate because it catches the imagination of everybody in this country. Indeed, when the tariff increases were announced, everybody showed interest and if I may take the words of this Motion, everybody including industry showed concern.

Indeed, even if you look at that aspect alone and take concern within the context of this Motion, it is worrying. And that alone has the potential to prejudice whatever is happening in court. [An Hon Member: How?] Because, that is concern. It is precisely because the two parties have expressed concern; that is why they are in court. So take the tenure of the Motion, take the intendment of the sponsors of the motion, then you would fall squarely within the ambit of Order 93.

Mr Speaker, again, what the Hon Majority Leader is inviting you to do, is to motivate you enough to come to the conclusion that this House must not be seen to be conducting its affairs in such a way show disrespect to the other arms of government.

Mr Speaker, we are also being invited by this Motion that when we have shown concern, we call for a reconsideration, and that is exactly what the suit in court is trying to do. It is saying that the suit, and I think that we should give the plaintiffs in this matter the utmost respect as citizens of this country. They are saying that there is a serious problem about the \utility tariffs, that everybody is concerned, including Government, that Parliament passed a law which made the utility bodies independent and autonomous; that the Executive are those who will implement the decisions of this independent body and in their view, the only neutral, impartial abiter in this matter is the court.

So why do we say as a Parliament, that having passed a law to make the utility bodies autonomous and independent and in pursuance of those powers, the PURC has come out with tariffs and that we are saying that, that law must not work, Let somebody else say so. Mr Speaker, --
Mr First Deputy Speaker 12:45 p.m.
Hon
Mr Fuseini 12:45 p.m.
In conclusion, we are not
running away from this debate at all; we are not running away but we are saying that , let us uphold the sanctity of the court and let us give them the power so to determine the matter that is before them. I so invite you.
Mr First Deputy Speaker 12:45 p.m.
Hon
Minority Leader, then I will take the Hon Majority Leader.
Mr Hackman Owusu-Agyemang
(NPP - New Juaben North): Mr Speaker, I thank you for the opportunity. Quite clearly, there is a misunderstanding of the roles that are being accorded constitutionally to the courts and to Parliament.
Mr Speaker, the danger here as the Hon
Majority Leader tried to put up his case is that if we do not take care, this House would be incapacitated to the extent that it will do no work. If there is any issue in here -- somebody files an action, then you cannot talk. For example, if the issue we are supposed to be talking about, there is a court action filed, then we cannot talk about it. The spirit of Order 92 (1) is to say that we do not prejudice it, and what we are saying as citizens, is expressing concern.
Mr Speaker, the radio stations, the television stations, the newspapers have all commented on this issue. His Excellency the President has commented on this issue; what prevents Parliament from commenting on the issue? The people's representatives from commenting on the issue? This is certainly running away from the debate. You are running away from the debate and if you use --
Mr Speaker, it is almost like a filibuster. Mr Speaker, it is like a silibuster and it would not work in this instance. This is
Mr First Deputy Speaker 12:45 p.m.
Hon
Agbesi before I come to you.
Mr Agbesi 12:45 p.m.
Mr Speaker, the point
Mr Kyei-Mensah-Bonsu 12:45 p.m.
Mr
Speaker, my view on this matter -
Mr First Deputy Speaker 12:45 p.m.
Hon
Minority Leader, there are some few Members - You know, I was going to call the Leaders earlier but there are some people who feel strongly that they want to express their views before we take a final decision on the matter -- then you will be the last two. You and the Majority Leader will be the last two and they are urging me to call them. That is why I thought - let us listen to them, then I will call the two of you as the last people.
Mr Kyei-Mensah-Bonsu 12:45 p.m.
Mr Speaker, I perfectly understand what you are saying. Mr Speaker, we are debating a crucial Motion. Along the line, there is what I may consider a landmine and we are spending so much time on this. Mr Speaker, my candid assessment of the situation is to try to derail or scuttle what we are doing. And if we have to make a pronouncement or a directive on it, Mr Speaker, I believe we have listened to enough arguments on this -
Mr First Deputy Speaker 12:45 p.m.
Hon
Minority Leader, you know I attempted calling the two of you early on but other Members are urging me and it is only fair to listen to them. You know, I was going to call the two of you and some of them are very senior Members of this House who are urging me to allow them speak on the matter and I just want to listen to them.
Left to me alone, I was going to call the two of you , then I give my directive or make my ruling, if any. But I have to take the sense of the House and you the Leaders are not telling those that you are leading that they should sit down for only
the two of you to speak and they were on their feet. If you whip them to sit down, I will call the two of you, then I will know what to do.
Mr Kyei-Mensah-Bonsu 12:55 p.m.
Mr Speaker, with respect, how many times have we not had directives from the Chair stopping debate and we having rulings or directives from the Chair? How many times have we not had that? So, if a thousand people should rise in the House, we would give vent to all of them knowing where we are in this very serious matter.
Mr First Deputy Speaker 12:55 p.m.
Hon
Minority Leader, that is not the case. A point of order has been raised and some of the issues that have been raised today with regard to this Standing Order 93 (1) have never been raised before. Very serious points have been raised by both sides on this matter. So, it is only fair and reasonable to listen to them. You are leading them, if you think that they should not speak, I will take the two of you and then I will give directives.
I am very clear because I thought that at times, you signal them not to get up, then I get the signal and based on the signal that I get from you, I get the sense of the House and I proceed accordingly. So, if you want to come in, then you come in and then the Majority Leader comes in and then we know what to do.
Mr Kyei-Mensah-Bonsu 12:55 p.m.
Mr
Mr Avoka 12:55 p.m.
On a point of order. Mr
Speaker, I do not know whether you were inviting the Minority Leader to indicate his opinion on the legal objections that I raised, that the matter is sub judice or he should debate on the Motion. Because when he starts to talk about NPP, I get confused.
Mr First Deputy Speaker 12:55 p.m.
In fact, I
invited him to speak on Standing Order 93 (1) which you have raised - to speak on the objection that you raised.
Mr Kyei-Mensah-Bonsu 12:55 p.m.
Mr
Speaker, my Hon Colleague is signalling that he did not understand me, that is why he came. I am really reacting to the issues that he has raised and Mr Speaker, just to re-state what I said.
I said that the history of the NPP is a history of a party that upholds the sanctity and dignity of the Judiciary. So, we will not do anything to undermine the authority of the Judiciary.
Mr Speaker, the intendment of the application that my Hon Colleague, the Majority Leader made to you, clearly, is to serve a dual purpose, to scuttle the debate or truncate it.
Mr Speaker, th is Mot ion was
programmed to have been moved two weeks ago. We could not do it because at the time, some of the sponsors were not in the Chamber. We had to then reschedule it to last week. Last week Thursday, we were to have had it, we could not do it, and it came to Friday. Friday, we still could not do it. All these while, the application that the Majority Leader is now making was valid. The Speaker is the person who is solely responsible for admitting Questions and Motions.
Madam Speaker has admitted this Motion and it comes out for debate today; the Majority Leader at the very outset, tried to programme the direction for this debate when he said that this Motion should be predicated on an informed and educated line. That was his intervention. When he spoke to it, he was urging this House to restrict ourselves to a line very informed, very educative. From where is he bringing this dagger to stifle and truncate the debate?
Mr Speaker, the provision that he
quoted relating to Standing Order 93 (1), already, it has been articulated by the Hon Member for Esikadu/Ketan, when he said that the operative words in that construction -- [Interruption.] Mr Speaker, since you are minded to rule, I believe that you will hear me through because I want to believe that your ruling will be based on what we say --
Mr First Deputy Speaker 12:55 p.m.
Hon
Mr Kyei-Mensah-Bonsu 12:55 p.m.
Mr
Speaker, I will wait for you.
Mr First Deputy Speaker 12:55 p.m.
Yes?
Mr Kyei-Mensah-Bonsu 12:55 p.m.
Mr
Speaker, the operative words are clear and to quote again:
“Reference shall not be made to any matter on which judicial decision is pending in such a way as may, in the opinion of Mr Speaker, prejudice the interest of parties to the action.”
Mr Speaker, this House is not prohibited
to debate on any matter pending before the court. This House is not prohibited by any law, if any matter is pending before the court.
Mr Speaker, it lies in your bosom to determine the course of the debate and then you would perhaps prop the person who perhaps, is straying. Mr Speaker, that is what that provision means. And if I should quote Standing Order 93 (5). That is a strictly no-go area which says:
“The conduct of Mr Speaker, Members, the Chief Justice and Judges of the Superior Court of
Judicature -”
rose
Mr First Deputy Speaker 12:55 p.m.
Hon Minority Leader, he says he has a point of order.
Mr Haruna Iddrisu 12:55 p.m.
Mr Speaker, thank you very much. I am rising on a point of order because the very able Minority Leader has made reference that no law and Mr Speaker, in saying so, may I refer you to article 93 of our Constitution and to say that his argument is not legally tenable, and it states:
“There shall be a Parliament of Ghana which shall consist of not less than one hundred and forty elected Members.”
Mr Speaker, my reference in particular is to 93 (2) 12:55 p.m.
“Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in accordance with this Constitution.”
The legal references we have made today is in accord with the Constitution which states that we shall respect the Judicial authority of the court processes. Therefore, to say that there is no law - There is a law. This must be the guiding law of our country.
Mr Kyei-Mensah-Bonsu 1:05 p.m.
Mr Speaker, one could see how the young lawyer was struggling. It is a clear exercise in futility and he knows that he should not even have begun it in the first place. This enterprise, he should not have begun in the first place. It is fatal to his image.
Mr Speaker, but the point I was making is that if we look at Standing Order 93 (5) 1:05 p.m.
“The conduct of Mr Speaker, Members, the Chief Justice and Judges of the Superior Court of Judicature shall not be raised ..”
There, we are prohibited. We are not
to challenge their conduct. That is the area of concern and we are not doing that. We in this House are not doing that. Mr Speaker, since the Majority Leader is talking about prohibition, the Executive as an arm of Government, Parliament as an arm of Government --
The President is the head of the Executive and the President, in spite of what the Majority Leader has shown us, goes ahead and he is ordering people to meet to reconsider it. Does it offend what is pending before the Judiciary? I believe the Majority Leader should not have attempted this exercise at all. We on this side are ready for this debate; we are ready for this debate.
rose
Mr First Deputy Speaker 1:05 p.m.
Hon Deputy Minister for Energy, do you have a point of order?
Mr Fuseini 1:05 p.m.
Mr Speaker, my point of order is simple and straightforward.
In responding to the interjection of Hon Haruna Iddrisu, the Minority Leader said that his intervention was fatal to his image.
Mr Fuseini 1:05 p.m.


I just want to tell him that his interjection is founded on the Constitution. In fact, there are institutional, substantive and procedural limitations on the powers of Parliament embedded in the Constitution. So, he cannot make a general statement that seems to say that the powers of Parliament are unfettered, he cannot.
Mr First Deputy Speaker 1:05 p.m.
Hon Deputy Minister, the Hon Minority Leader did not make that point. He did not make that categorical point.
Mr Kyei-Mensah-Bonsu 1:05 p.m.
Mr Speaker, I will beg of you if you will entreat our Colleagues. You see, as I speak, he is talking, he is busily talking, he will not listen. Hon Inusah Fuseini will not listen to me and he goes about misinterpreting what I have said and misinforming himself. If this is not fatal to him, I do not know what else is.
The point I am making is that the President as the head of the Executive is also expressing concern by doing what he is doing, calling stakeholders to meet. Does that offend the matter pending before the Judiciary? Does it? And so, I am at a loss to understand this application before you.
Mr Speaker, with respect, can you rule on this matter so that we move forward and do justice to the Motion before us? It is of serious concern to the people of this nation and we must go on in spite of this application by my good Friend, the Majority Leader. I believe, with respect to the Majority Leader that this application is a colossal abuse of the processes of this House and I invite you to rule on that.
Mr First Deputy Speaker 1:05 p.m.
Hon Majority Leader, do you have anything to say because I want to come in?
Mr Avoka 1:05 p.m.
Yes.
Mr First Deputy Speaker 1:05 p.m.
All right. Let me hear you and then I come in.
Mr Avoka 1:05 p.m.
Mr Speaker, I am very sorry to learn about some of the insinuations that have been put on my intervention by drawing your attention to Standing Order 93. I am not against any debate on the Motion. In fact, as Chairman of the Business Committee, I took part in programming it.
This morning, I had the privilege of meeting Madam Speaker with my Colleague, the Minority Leader, my Deputy and the Deputy Minority Leader and we agreed on this Motion coming on today. When the two Members of this august House, those whose names are on the Motion were moving it, I did not raise an objection. It was during the proceedings that my attention was drawn to the fact that the matter is before a court of competent jurisdiction. It was during the course of the proceedings this morning that my attention was drawn to it and that is why I thought that I should alert Mr Speaker and the august House. It is not intended to scuttle the debate because Hon Members on this side have enough arsenal within them to be able to respond. But the law is the law.
Mr Speaker, they referred to Standing Order 93 (1) and if you read it carefully, it even says:
“Reference shall not be made to any matter on which judicial decision is pending in such a way as may, in the opinion of Mr Speaker, prejudice the interest of parties to the action.”
They say “reference”, even casual reference, they are saying so. Mr Speaker, what we are doing now, we are debating a substantive Motion on the same matter that is before the courts. It is not just reference but on the same subject matter.
Mr Ambrose P. Dery 1:05 p.m.
Mr Speaker,
I think that I see a genuine attempt to determine the perimeters of this august House in this matter. But what the Majority Leader is saying now appears to be implying a strict liability situation under Standing Order 93 where that does not exist. It says:
“Reference shall not be made to any matter on which judicial decision is pending in such a way as may, in the opinion of Mr Speaker, prejudice the interest of parties to the action.”
Mr Speaker, if we were strict - [Interruption] - No! No! I am making a point. His Excellency the President and Parliament are doing one thing, consideration does not mean one side of the issue. He is actually asking for alternative dispute resolution, a reconsideration does not necessarily determine the matter one way or the other. It does not say that one thing is lawful or unlawful.
So, I think that it is a facultative subject to your discretion and clearly, it is not absolute, except the application can show that a particular thing has been said here, which determines the matter in one way or the other, it does not affect it. Because even our legislation now makes room for alternative dispute resolution. “Go and amicably see if you can reconsider parties” does not determine the matter one way or the other.
So, first, it is not absolute and second, a call for reconsideration per se is not a determination of the matter one way or the other.
Thank you Mr Speaker.
Mr Avoka 1:05 p.m.
Mr Speaker, so, assuming that His Excellency the President said this before or after the court matter, therefore, this House is bound by that statement by the President and therefore, we can breach our Standing Orders and the rules of this House. Is that the argument? Is that an argument to project here? The Executive headed by the President had invited PURC to reconsider it, therefore, it does not lie

Mr H. Iddrisu -rose —
Mr First Deputy Speaker 1:05 p.m.
Hon
Minister for Communications, are you rising on a point of order against your Leader who is on his feet?
Mr Iddrisu 1:05 p.m.
Mr Speaker, I have no intention to show disrespect -
Mr First Deputy Speaker 1:05 p.m.
I want to listen to the two Leaders and then -
Mr H. Iddrisu 1:05 p.m.
Mr Speaker, I have no intention to show disrespect to our very able Majority Leader but there is a compromised position which I just wanted to share -
Mr First Deputy Speaker 1:05 p.m.
Hon Minister, please, you are out of order.
Mr Avoka 1:05 p.m.
Mr Speaker, I am submitting that, if a careful reading of Standing Order 93 (1) is clear on the subject and as I have told you, if Standing Order 93 is anything to go by, it is clear that if there is a matter pending in court, then this House is enjoined not to debate on the same matter until a decision has been reached. As far as this issue is concerned, it will have the effect of prejudicing the court in taking a decision in one way or the other.
Mr Speaker, we want to appreciate debate, we must do so according to the law of this country. We must debate here according to the law of this country, otherwise, we will not be here. It is the law that has brought us here.
If we think that the Standing Orders are inadequate, that is why we are in the process of reviewing them. If the Standing Orders are inadequate and we think that
they should provide among other things that we can even debate a matter that is sub judice, let it be in the Standing Orders.
But as they are now and given the nature of the writ that is before the court, that the court should order the PURC to reconsider its current tariffs and review them downwards, that is exactly what we are doing here. And we can then argue here that what we are doing would not undermine the decision of the court. I beg to differ; with the greatest respect to those who hold that opinion, I beg to differ.
rose
Mr Avoka 1:05 p.m.
Mr Speaker, it is just like somebody filing a writ in the High Court that “Remove Hon Cletus Avoka from Parliament” and then somebody files a Motion here that “Hon Avoka is a good material, therefore, maintain him here” and we are arguing it. It will undermine the writ in the High Court. So it should stay; what I am praying is that - I am not saying that this debate should be cancelled forever -
Mr First Deputy Speaker 1:05 p.m.
Hon Member for Old Tafo, I want to give directives but you see - I thought you would take a cue from what the Hon Minority Leader said.
Dr A. A. Osei 1:05 p.m.
On the statement he made that if we debate it, then we are undermining the court. So, is he saying that because the President has expressed concern, the President has undermined the court? Is that what he is saying? If it is so, let him tell us that. That cannot be the case. He has told us that the President had expressed concern, is the President undermining the court? So why should we express concern and we will be undermining the court? It is inconsistent - [Interruption.]
Mr Avoka 1:05 p.m.
Mr Speaker, with the
Mr Avoka 1:05 p.m.


greatest respect to him, he is not addressing any issue. This is the Legislature; this is Parliament; we are talking here. If the President is doing anything executive there, leave it there. Do not import that here - [Interruption] -- do not bring that argument here. It is no argument. He is just playing to the gallery. Leave the Executive to do what they want. This is Parliament House --
Mr First Deputy Speaker 1:05 p.m.
Hon Majority Leader, kindly wind up and then we - [Laughter.]
Mr Avoka 1:05 p.m.
Mr Speaker, I am submitting that, yes, we want informed debate on this matter but in the light of the Standing Order I have referred this House to, we should suspend the debate on this matter until the court decides in one way or the other - [Interruption] - then we re-visit the debate. Otherwise, whatever we say here would be prejudicial to the determination of the case before the Fast Track High Court.
Mr Speaker, I do not think that it is the right time to hit the head of the Legislature against the Judiciary. We should give them that due respect; we should give the Judiciary that due respect and we should give the parties - the PURC and those who have hauled the PURC to the High Court the opportunity to put their case there. Then at the end of the day, we as a body, can then come back and if we think that there is a case, we debate it.
Members on this Majority side are armed enough to debate the matter.
Mr Speaker, with the only issue we raised, that in 2001, they increased it to one hundred and three per cent (103%) more than the eighty-nine per cent (89%). So what is there to debate?
Mr First Deputy Speaker 1:05 p.m.
Hon

There are two main issues that have been raised on the floor. There are two main issues to me; speaking from where I Sit, there are two main issues that have been raised by Hon Members on the floor. One, if a very serious business is on the floor and someone decides to go and file a writ in the court, and if the person wants to frustrate the Business of this House, then, in that case, this House cannot discharge its constitutional mandate. That point has been raised seriously on the floor of this House.

Another point that has been raised is: how do we uphold Standing Order 93 (1), so that the relationship between the Judiciary and the Legislature is maintained, so that we do not knock our heads together?

Precedents in this House do not help me. In the case of J. H. Mensah v. the Attorney-General, Justice Annan stopped the proceedings -- in the case of the retained Ministers, Justice Annan stopped proceedings that day and prevented the Budget from being read. In the case of Doe Adjaho v. the Attorney-General and one other, the then Speaker decided that the debate should go on. So precedents in this House are split for both sides.

I find myself in a very difficult situation. I am not the one who admitted this Motion; Madam Speaker was the one who admitted it. I do not know whether Madam Speaker was aware of all these facts which have been canvassed on the floor of this House before she decided to admit this Motion.

The best thing to do in the circumstance,

is to go back to see Madam Speaker and consult - [Uproar] - and consult , please - [Interruptions] - and consult. And then we come back.

But Hon Members, Standing Order 93 (1) has never been argued seriously on this floor like today. I think that this is the time for us to be clear in our minds what we want to do with that Order. The Order as it is couched, does not prevent us from debating the matter completely because insofar as it does not prejudice the parties to the matter -- But in this case, as I rightly said, this was a Motion admitted by Madam Speaker and I think the proper thing to do, not to be seen as also undermining Madam Speaker who admitted the Motion, is to go back and do the proper thing and come back to the House.

Hon Members, on that note, I believe that by tomorrow morning, we should be in a position to give directives. But I must say that this is a very, very important debate on this matter.

Hon Members, that is my view on the matter.
Mr Kyei-Mensah-Bonsu 1:05 p.m.
Mr Speaker, I do not intend to challenge your ruling, and I will never want to challenge your ruling. However, Mr Speaker, I want us to look at Order 13 (2);
“Whenever the House is informed by the Clerk-at-the-Table of the unavoidable absence of Mr Speaker, the First Deputy Speaker shall perform the duties and exercise the authority of Mr Speaker in relation to all proceedings of the House…”
Mr Speaker, I will not proceed further.
Mr First Deputy Speaker 1:05 p.m.
Yes. But Madam Speaker is around. They did not announce to the House that she is absent.
That is why no announcement was made from the Table Office. I agree with you but not only to consult her but also I want to be very clear in my mind to make a ruling on this matter. I wanted to add that and now, I want that to come out clearly. I also want to make sure that whatever decision that we will take is a decision that will uphold the dignity of this House in the discharge of our constitutional mandate.
Several Hon Members - rose -
Mr First Deputy Speaker 1:25 p.m.
Hon Members, you know that the Hon Minority Leader made a point - you know that I have given the ruling - [Laughter.] Any other thing that you would do will be tantamount to challenging what I have said and I do not think that is very healthy for the House.
Hon Majority Leader, what do we do now?
Mr Cletus A. Avoka 1:25 p.m.
Mr Speaker, as I indicated earlier at the commencement of proceedings today, I said that after the Motion, we would take an adjournment until tomorrow because we have to do winnowing of the Economic and Organised Crime Bill.
With the time now reading almost 1.25 p.m., I beg to move, that this House do now adjourn until tomorrow at 10 o'clock in the forenoon and to invite all those who have filed amendments, particularly Committee members, to meet in my office at 2.30 p.m. for winnowing of the Bill.
Mr Joe Ghartey 1:25 p.m.
Mr Speaker, I have the permission of my Hon Leader to second the motion. Mr Speaker in seconding the Motion -
Mr First Deputy Speaker 1:25 p.m.
Hon Minority Leader, he has moved for an
Mr Ghartey 1:25 p.m.
Mr Speaker, he gave me the permission.
Mr Kyei-Mensah-Bonsu 1:25 p.m.
Mr Speaker, some Hon Members came to engage me, so I thought that he could just second it.
Mr First Deputy Speaker 1:25 p.m.
Very well.
Mr Ghartey 1:25 p.m.
Mr Speaker, now that you are convinced that my Hon Leader has asked me to second the Motion, I beg to second the Motion.
Mr Speaker, I will never challenge your ruling in this House. I have great respect for you. But since Mr Speaker said that he is going to consider a certain matter tomorrow, I want to remind Mr Speaker that apart from the J.H. Mensah case he mentioned and the Doe Adjaho case, he should also take into consideration the Mumuni case, over which he gave a ruling as Committee Chairman.
On that basis, Mr Speaker, I beg to second the Motion.
Mr First Deputy Speaker 1:25 p.m.
Hon Members, that is Committee; I am talking about the floor of the House.
Hon Members, before I put the Question, it is very important that in these matters - this is a very important debate. It is very, very important that I consult and satisfy myself that we are doing the proper thing, then I can give the ruling if I have to make the ruling or Madam Speaker has to make the ruling. I have to satisfy myself that whatever ruling I give here upholds the dignity of this Honourable House.
Question put and Motion agreed to.
ADJOURNMENT 1:25 p.m.