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Mr First Deputy Speaker

Hon Members, Correction of Votes and Proceedings of Monday, 2nd August,
2010.
Page 1...11
[Hon Maj. Derek Y. Oduro (retd) and Hon Gabriel K. Essilfie dressed in a similar costume, entered the Chamber and bowed to each other] - [Laughter]

Mr First Deputy Speaker

Hon Members, Correction of Votes and Proceedings of Monday, 2nd August, 2010.
Page 1…11 -
[Hon Maj. Derek Y. Oduro (retd) and Hon Gabriel K. Essilfie dressed in a similar costume, entered the Chamber and bowed to each other.] -- [Laughter.]

Mr Ambrose P. Dery

Mr Speaker,
I would need your guidance on a very important matter. We have just realised that two of our Hon Members have dressed in a very peculiar manner; they started from outside, walked into the alley and normally, they should have bowed to you and then parted, they turned and bowed to each other -[Laughter] - I do not know if there have been any amendments to the rules of the House. I would need your guidance on that. [Uproar!]

Mr Ambrose P. Dery

Mr Speaker, I would need your guidance on a very important matter. We have just realised that two of our Hon Members have dressed in a very peculiar manner; they started from outside, Walked into the alley and normally, they should have bowed to you and then parted, they turned and bowed to each other -[Laughter] -- I do not know if there have been any amendments to the rules of the House. I would need your guidance on that. [Uproar!]

Mr Gabriel K. Essilfie

Mr Speaker, our dressing today is to show that even though we belong to different political divides, we are one. [Hear! Hear!] Therefore, today, everybody should join so that we pass the STX loan. [Laughter] We turned to bow to each other because

Maj. Derek Y. Oduro (retd.): Mr Speaker, since yesterday, the tension has been so high, so we decided that today, we will reduce the tension by dressing this way [Hear! Hear!] to come and address the STX loan in a very nice way, so that there would not be any problem. [Hear! Hear!]

Mr Gabriel K. Essilfie

Mr Speaker,
our dressing today is to show that even though we belong to different political divides, we are one. [Hear! Hear!] Therefore, today, everybody should join so that we pass the STX loan. [Laughter.] We turned to bow to each other because we had already bowed to you and our bowing to each other means that we have agreed that STX is going. [Uproar!]

Maj. Derek Y. Oduro (retd.): Mr

Speaker, since yesterday, the tension has been so high, so we decided that today, we will reduce the tension by dressing this way [Hear! Hear!] to come and address the STX loan in a very nice way, so that there would not be any problem. [Hear! Hear!]

Mr Dery

Mr Speaker, I believe you
do not feel threatened by that? [Laughter.] But I think the right thing is that, yes, we all want STX the right way.

Mr Dery

Mr Speaker, I believe you do not feel threatened by that? [Laughter] But I think the right thing is that, yes, we all want STX the right way.

Mr First Deputy Speaker

Hon
Members, let us continue with the Correction of our Votes and Proceedings.
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Mr First Deputy Speaker

Hon Members, let us continue with the Correction of our Votes and Proceedings.
Page 12...14

Page 31, 32 -- [Pause]
Hon Members, the Votes and Proceedings of Monday, 2nd August, 2010 as corrected be adopted as the true record of proceedings.
Hon Members, we have two Official Reports to be corrected - 22th July, 2010 and that of 23rd July, 2010. We start with that of Thursday, 22nd July, 2010.

Hon Members, in the absence of any correction, the Official Report of Thursday, 22nd July, 2010 be adopted as the true record of proceedings.

Hon Members, in the absence of any correction, the official Report of Friday, 23rd July, 2010 is hereby adopted as the true record of proceedings.

Hon Majority Leader, do you want us to take your Business Statement or We defer it?

Mr Cletus A. Avoka

Mr Speaker, I
thought we could spend the next two, three minutes to take the Business Statement. So that at least, we would have concluded that matter because it has no details. If you permit me, I will present the Business Statement.

Mr Cletus A. Avoka

Mr Speaker, I thought we could spend the next two, three minutes to take the Business Statement. So that at least, We would have concluded that matter because it has no details. If you permit me, I will present the Business Statement.

Mr First Deputy Speaker

Very well.

Mr First Deputy Speaker

Very well.

Mr Speaker, the Committee accordingly submits its Report as follows

Arrangement of Business
Question(s)
Mr Speaker, Questions may be asked

Majority Leader/Chairman of Business Committee (Mr Cletus A. Avoka)

Mr Speaker, the Business Committee met last Week and drew up the Business for the Third Meeting of this august House ending on or about Friday, 22nd October, 2010.
Mr Speaker, let me state that this is very provisional and therefore, we do not want to tie ourselves to the reopening or recall date. It is possible that having regard to the circumstances of the Business of the House, we could come earlier than the 22nd of October, 2010.
Introduction Mr Speaker, the Committee met on Thursday, 29th July, 2010 and arranged Business of the House for the First Week of the Third Meeting ending Friday, 22nd October, 2010.

Mr Speaker, the Committee accordingly submits its Report as follows

of various Ministers during the week. The relevant Ministers expected to respond to Questions would be informed in due course.

Statements

Mr Speaker may allow Statements duly admitted to be made in the House.

Bills, Papers and Reports

Mr Speaker, Bills may be presented to the House for consideration and those already before the House may be taken through the various stages. Papers and committee reports may also be laid.

Motions and Resolutions

Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.

Outstanding Business

Mr Speaker, all outstanding business of the House would be carried over to the next Meeting beginning Tuesday, 19th October, 2010. However, Hon Members with Questions which they consider to have been overtaken by events may wish to withdraw such Questions by notifying the Table Office for appropriate action.

Mr Speaker, the Business Committee wishes to express its gratitude and appreciation to Rt. Hon Speaker and all Hon Members for their sterling performance during the Meeting. The Committee wishes that your goodself and Hon Members would return in good health to discharge Business of the House.

Conclusion

Mr Speaker, in accordance with Standing Order 160 (2), the Committee submits to this Honourable House the Business of each Sitting of the week and

the order in which it shall be taken during the week.

Questions

Statements

Laying of Papers

Motions

Committee Sittings.

Questions

Statements

Laying of Papers

Motions

Committee Sittings.

Questions

Laying of Papers

Statements

Motions

Committee Sittings.

Questions

Laying of Papers Statements

Motions

Committee Sittings.

If there are any outstanding matters

that we cannot complete now, it may be possible for us to start with those matters when we come back sometime in October, 2010. It may be possible that during the period, committees may continue to deliberate on various referrals made to them, so that at the beginning of the Meeting, we would be able to take the Business of the House.

I would wish to state that during the

period we have all worked very hard under the leadership of Madam Speaker and I would want to commend Hon Members for their hard work and the co-operation we have enjoyed with each other all this time. I know at the end of the day today there would be a short closing ceremony for us to explain these issues. But the Business Committee would want to thank Hon Members for co-operating with them for the smooth operations of the Business of the House during the period.

Mr Speaker, the Committee accordingly submits its Report as follows

Arrangement of Business
Question(s)
Mr Speaker, Questions may be asked of various Ministers during the week. The relevant Ministers expected to respond to Questions would be informed in due course.
Statements
Mr Speaker may allow Statements duly admitted to be made in the House.
Bills, Papers and Reports
Mr Speaker, Bills may be presented to the House for consideration and those already before the House may be taken through the various stages. Papers and committee reports may also be laid.
Motions and Resolutions
Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week. Outstanding Business Mr Speaker, all outstanding business of the House would be carried over to the next Meeting beginning Tuesday, 19th October, 2010. However, Hon Members with Questions which they consider to have been overtaken by events may wish to withdraw such Questions by notifying the Table Office for appropriate action.
Mr Speaker, the Business Committee Wishes to express its gratitude and appreciation to Rt. Hon Speaker and all Hon Members for their sterling performance during the Meeting. The Committee wishes that your goodself and Hon Members would return in good health to discharge Business of the House.

Conclusion

Mr Speaker, in accordance with Standing Order 160 (2), the Committee submits to this Honourable House the Business of each Sitting of the week and the order in which it shall be taken during the Week.

Questions

Statements

Laying of Papers

Motions

Committee Sittings.

Questions

Statements

Laying of Papers

Motions

Committee Sittings.

Questions

Laying of Papers

Statements

Motions

Committee Sittings.

Questions

Laying of Papers

Mrs Gifty E. Kusi

Mr Speaker, at
the Business of the House Meeting on Thursday, it was agreed that there would be a Committee of the Whole meeting and it was on the Order Paper yesterday, but it has vanished.
We want to find out from the Hon Majority Leader, if his deputy briefed him, on the state of the Committee of the Whole -- because today it has vanished from the Order Paper.

Mr Abdul-Rashid Pelpuo

Mr

Mrs Gifty E. Kusi

Mr Speaker, at the Business of the House Meeting on Thursday, it was agreed that there would be a Committee of the Whole meeting and it was on the Order Paper yesterday, but it has vanished.
We want to find out from the Hon Majority Leader, if his deputy briefed him, on the state of the Committee of the Whole -- because today it has vanished from the Order Paper.

Mr Abdul-Rashid Pelpuo

Mr Speaker, it was slated for yesterday. We expected to have had a meeting of the Committee

Dr A. A. Osei

Mr Speaker, I just want
to get clarification from the Hon Deputy Majority Leader. I am assuming that Leadership thought about it and planned the meeting yesterday. If as a result of our work we could not hold it yesterday, I would expect that the reasons for having the meeting have not changed.
So, if the Hon Deputy Majority Leader asked the question -- “if Hon Members want to have it”, we do not decide when to have it. We asked you the leaders to call it. You planned yesterday, so we expect that you should say that we are going to have it. The issues have not changed. So, please, I crave your indulgence that if the reasons for the meeting have not changed, then we should programme it for some time today so that Hon Members can leave this floor knowing that our Leadership has done well for us.

Mr Speaker,
I actually want to commend my Hon Colleague and good Friend, the Hon Member for Manhyia --
Mr Speaker, we have been in this House for one and a half years and all that time, we have been told that they will lay the reconstitution of the committees. I have been very patient - my Hon Colleague from Chereponi faces the same problem.

Dr Francis B. Dakurah

Mr Speaker, I actually want to commend my Hon Colleague and good Friend, the Hon Member for Manhyia -

Mr First Deputy Speaker

Hon Majority Leader, there are two main issues; the Committee of the Whole and the reconstitution of the various committees so that every Hon Member of this House is on a committee.

Mr Avoka

Mr Speaker, let me say
that I appreciate the concerns or the contributions made by Hon Members in respect of the Business Statement. I appreciate the fact that once we are going on a long recess, it is prudent for us to have the Committee of the Whole meeting so that we can take on board the concerns of Hon Members and work on them during the recess; if we cannot resolve them or they are not yet resolved --
As was indicated earlier by the Hon
Deputy Majority Leader, we thought that yesterday's proceedings would have ended early enough for us to hold the meeting. But Mr Speaker would recall that it was with difficulty and sacrifice that we were able to take the last Motion yesterday up till seven o'clock in the night. And we appreciate that effort very much. It would have been difficult for us to ask Hon Members to continue to stay back for an hour or two meeting of the Committee of the Whole.
Against this background, I want to
assure Hon Members that hopefully, we would end today's meeting, at least, before sunset. And even if we have some few minutes, ten minutes, 15 minutes or 30 minutes or one hour, we can devote that to the meeting of the Committee of the Whole so that we can take the concerns of Hon Members before the House rises
tonight.
Now, with regard to Hon Members
who are floating and have not settled on particular committees, I wish to state with regret those circumstances because by law every Hon Member of this House is entitled to, at least, a subject matter committee and a standing committee.
It is not an easy arrangement to make. But I want to assure Hon Members that I have been in consultation or discussion with the Hon Minority Leader and we have put in place the structures that will complete the exercise, so that before we come back, at least, every Hon Member will know that he or she is represented on a committee.
I think it is one or two Hon Members
who came as a result of by-election, that we have not adequately catered for. Those who are Hon Members of Parliament and have become Hon Ministers, therefore, cannot serve on other committees; we would address the situation.
So, Mr Speaker, I want to plead with
Hon Colleagues to bear with Leadership and that we will address the issue of the composition on the membership of committees between today and the time that we come back in October.

Mr Dery

Mr Speaker, I want to assure
the Hon Majority Leader and Leader of the House that we on this side would co- operate with him. But I think we need to reiterate the point that it is not a collective leadership failure. We actually made the point the last time, that it took a very long time for the Hon Deputy Majority Leader to become part of the Business Committee.
I think up till now, I am not aware that any such action has been taken. And we have been condoning that. I think it

Mr First Deputy Speaker

Hon Majority Leader, there are two main issues; the Committee of the Whole and the reconstitution of the various committees so that every Hon Member of this House is on a committee.

Mr Avoka

Mr Speaker, let me say that I appreciate the concerns or the contributions made by Hon Members in respect of the Business Statement. I appreciate the fact that once we are going on a long recess, it is prudent for us to have the Committee of the Whole meeting so that we can take on board the concerns of Hon Members and work on them during the recess; if we cannot resolve them or they are not yet resolved -
As was indicated earlier by the Hon Deputy Majority Leader, we thought that yesterday's proceedings would have ended early enough for us to hold the meeting. But Mr Speaker would recall that it was with difficulty and sacrifice that we were able to take the last Motion yesterday up till seven o'clock in the night. And we appreciate that effort very much. It would have been difficult for us to ask Hon Members to continue to stay back for an hour or two meeting of the Committee of the Whole.
Against this background, I want to assure Hon Members that hopefully, we would end today's meeting, at least,

before sunset. And even if we have some few minutes, ten minutes, 15 minutes or 30 minutes or one hour, We can devote that to the meeting of the Committee of the Whole so that We can take the concerns of Hon Members before the House rises tonight.

Now, with regard to Hon Members who are floating and have not settled on particular committees, I Wish to state with regret those circumstances because by law every Hon Member of this House is entitled to, at least, a subject matter committee and a standing committee.

It is not an easy arrangement to make. But I Want to assure Hon Members that I have been in consultation or discussion with the Hon Minority Leader and we have put in place the structures that will complete the exercise, so that before we come back, at least, every Hon Member will know that he or she is represented on a committee.

I think it is one or two Hon Members who came as a result of by-election, that We have not adequately catered for. Those who are Hon Members of Parliament and have become Hon Ministers, therefore, cannot serve on other committees; we would address the situation. So, Mr Speaker, I want to plead with Hon Colleagues to bear with Leadership and that we will address the issue of the composition on the membership of committees between today and the time that we come back in October.

Mr Dery

Mr Speaker, I want to assure the Hon Majority Leader and Leader of the House that we on this side would co- operate with him. But I think We need to reiterate the point that it is not a collective leadership failure. We actually made the point the last time, that it took a

Dr Prempeh

Mr Speaker, it is very, very important because this is the law- making body of this country. Mr Speaker, it is not the duty of the Hon Majority Leader and the Minority Leader to fix members of committees. It is the business of the Committee of Selection under your Chairmanship.
Mr Speaker, I come under Order 151; so for the Majority Leader to say, "I would meet the Minority Leader", is out of place. Mr Speaker, you have to convene this meeting for the selection to be done. But more importantly, Mr Speaker, membership of the Parliamentary Service Board was approved by this House. We have not been told that since there is a new Majority Leader, we are even changing or replacing Hon Avoka as a member of the Parliamentary Service Board, but he has been attending meetings. We should not let these small, small matters just lie bad before somebody takes us on as Parliament

Mr Inusah A. B. Fuseini

Mr Speaker, I rise to bring an important matter for the notice of this House on the rights on the basis of section 73(2) of the Standing Orders of this House, which says and with your permission, I quote:
“In urgent circumstances such complaints may, with Mr Speaker's prior permission, be made at a time other than that appointed for it.
Mr Speaker, the urgency of this matter is that, we are rising today and there would not be any time to file a formal notice to you.
Mr Speaker, I am rising to make a

Mr First Deputy Speaker

Hon Member, if my memory serves me right, Hon Avoka's appointment to the Parliamentary Service Board has passed through all the Motions and approved by this House.
With regard to the very first point that you raised about the Speaker being the Chairrman/Chairperson of the Committee of Selection, the practice is that, it is the

Hon Members, yesterday, after I had adjourned the House, my attention Was drawn to the fact that a Writ was left in Madam Speaker's Secretariat. I looked at our rules critically on the matter and I know that that is quite in breach of Standing Order 22, which says that and I quote:
"No civil or criminal process coming from any court or place out of Parliament shall be served on, or executed in relation to, Mr Speaker or a Member or the Clerk to Parliament while he is on his way to, attending at or returning from any proceedings of Parliament"-
I have noted this matter, and this morning, I met the Leadership of both sides of the House and drew their attention to the fact that the Secretariat of the Speaker's Office had drawn my attention to that writ. I am very clear in my mind that what they did is not only a breach of the procedure of this House but it also raised serious matters for the dignity of this House. [Interruptions] I have decided that - I have on my own, looked critically at the matter and held

Mr Speaker, my information is that, 5 (a) and 5 (b) are not readily available, so we will do the matters in relation to the Minister for Environment, Science and Technology. So, we would do Motion number 7, on page 2 of the Order Paper.

Mr Avoka

Mr Speaker, my information is that, 5 (a) and 5 (b) are not readily available, so we will do the matters in relation to the Minister for Environment, Science and Technology. So, we would do Motion number 7, on page 2 of the Order Paper.

Prof. Christopher Ameyaw-Akumfi (NPP-- Techiman North)

Mr Speaker, I beg to second the Motion.
Mr Speaker, this is long overdue. I think a move made by the Ministry recently to have most of these Conventions looked at finally by Parliament, in my opinion, is in order.
Ghana has for all intents and purposes, believed in the tenets of the Convention and what we are doing here, is really to look at the amendments that would literally push all member States or State parties to put in measures for the protection against nuclear materials. It is for this reason that the Committee felt that this is a fairly straightforward matter, which needs no debate and I fully support the Report which we have all agreed to and that, this House gives approval to the amendment.
Question to proposed.

Prof. Christopher Ameyaw-Akumfi (NPP - Techiman North)

Mr Speaker, I beg to second the Motion.
Mr Speaker, this is long overdue. I
think a move made by the Ministry recently to have most of these Conventions looked at finally by Parliament, in my opinion, is in order.
Ghana has for all intents and purposes, believed in the tenets of the Convention and what we are doing here, is really to look at the amendments that would literally push all member States or State parties to put in measures for the protection against nuclear materials. It is for this reason that the Committee felt that this is a fairly straightforward matter, which needs no debate and I fully support the Report which we have all agreed to and that, this House gives approval to the amendment.
Question proposed.

Mr Clement K. Humado (NDC - Anlo)

Mr Speaker, I thank you for the opportunity to support the Motion on the floor.
Indeed, since Ghana's Independence under the able leadership of Dr Kwame Nkrumah, Ghana embarked on the development of atomic energy on nuclear material for peaceful purposes.
Presently, Ghana's facilities in this area have expanded. We use nuclear material in the field of medicine, in the field of agriculture and in the field of industry. Even though Ghana wants to use this

nuclear material for peaceful purposes, we need to protect these facilities from falling into the hands of unscrupulous groups of people who have an agenda other than what Ghana has.

It is important that we adopt this Convention and ratify it in the House. Another benefit is that, in the event of any of our nuclear facilities getting stolen or pilfered, the International Atomic Energy Agency (IAEA) can assist Ghana to track these stolen items and recover them.

I think that the Minister for Environment, Science and Technology will have to follow up the ratification with an amendment either to the Criminal Code or a Bill based upon the model law of the LAEA, to enable Parliament also approve that Bill and that will make Ghana compliant with the tenets of the Convention

With these few comments, I support the Motion and I urge all Hon Members to do same.

Thank you.

Question put and motion agreed to.

Mr Clement K. Humado (NDC - Anlo)

Mr Speaker, I thank you for the opportunity to support the Motion on the floor.
Indeed, since Ghana's Independence
under the able leadership of Dr Kwame Nkrumah, Ghana embarked on the development of atomic energy on nuclear material for peaceful purposes.
Presently, Ghana's facilities in this area
have expanded. We use nuclear material in the field of medicine, in the field of agriculture and in the field of industry. Even though Ghana wants to use this nuclear material for peaceful purposes, we need to protect these facilities from falling

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)

Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 75 of the Constitution, any Treaty, Agreement, or Convention executed by or under the authority of the President in the name of

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)

Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 75 of the Constitution, any Treaty, Agreement, or Convention executed by or under the authority of the President in the name of Ghana is made subject to ratification

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)

either by an Act of Parliament or by a Resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament.

IN ACCORDANCE with the said article 75 of the Constitution, the President has caused to be laid before Parliament through the Minister responsible for Environment, Science and Technology, the amendment to the Convention on the Physical Protection of Nuclear Material (CPPNM) on 22nd March,

2010.

N O W T H E R E F O R E , t h i s H o n o u r a b l e H o u s e h e r e b y resolves to ratify the amendment to the Convention on the Physical Protection of Nuclear Material

(CPPNM).

Mr First Deputy Speaker

Hon Members, order! Hon Majority Leader, should we take item 6?

Mr Speaker, I am now looking at it.

Minister for Finance and Economic Planning (Dr Kwabena Duffuor)

Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), the terms and conditions of any loan raised by the Government of Ghana on behalf of itself or any public institution or authority shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), at the request of the Government of Ghana acting through the Minister responsible for Finance and Economic Planning, there has been laid before Parliament the terms and conditions of the Mixed Credit Facility between the Government of Ghana and the Government of the Kingdom of Belgium and KBC of Belgium for an amount of €9,474,271.00 for the supply of additional fire tenders, aerial rescue and fire fighting platforms, water tankers and other related fire fighting equipment for the Ghana National Fire Service and a request for tax and duty exemptions amounting to €1,928,932.00 on the equipment/ machinery to be imported in respect of the Mixed Credit Facility.

Mr First Deputy Speaker

Very well. Hon Majority Leader, item 17 on the Order Paper.

Mr Avoka

Mr Speaker, yesterday, we took this Motion and you deferred the consequential Resolution because some Hon Members raised an issue about the cost of water tankers with regard to the Ghana National Fire Service. The information has been provided and I understand that my Hon Colleagues Who raised the issue, their attention has been drawn to it. That is Why I thought that at this stage, it would be possible to take the Resolution.

Mr Speaker, may I humbly request that we take Motion number 6 at page 2. We would ask the Minister to indicate the prinCipl6S of the Bill, listen to one or two persons from each side and that will end it. Then we can go on to some other matters of the day.

Minister for Education (Mr Alex N. Tettey-Enyo)

Mr Speaker, I beg to move, that the Students Loan Trust Fund (SLTF) Bill, 2010 be now read a Second time and in doing so, crave your indulgence to espouse the principles of the Bill.
1. The object of this Bill is to establish by an Act of Parliament, a Students Loan Trust Fund to provide financial resources for the benefit of students of tertiary educational institutions.
2. Currently, the Students Loan Trust Fund is setup as a Trust Deed incorporated under the Trustees (Incorporation) Act, 1962 (Act 106). However, Government
has decided to change the legal status of the Students Loan Trust Fund from a trust deed to an Act of Parliament in order to strengthen its mandate and make its operation more effective.
3. The Students Loan Trust Fund Bill seeks to enhance the promotion and facilitation of the nation's ideals enshrined in the 1992 Constitution regarding citizens' access to progressively free tertiary education.
4. Furthermore, the Bill will empower the SLTF to grant loans to students who qualify for admission into accredited tertiary institutions at a level to be determined by the courses they intend to pursue, the location of the institutions in which they are enrolled, and genuine needs of individual students.
5. Finally, in order to strengthen the machinery for recovery of loans, employers would be obliged to assist the Fund with information on newly- employed graduates from tertiary education institutions in Ghana. Employers would also be required by law to deduct loan balances from personal emoluments of the employees concerned. These and other provisions of the law would enable the SLTF fulfil its mandate.
Mr Speaker, I beg to move.
Question proposed.

Chairman of the Educat ion Committee (Mr Mathias A. Puozaa)

Mr Speaker, I beg to support the motion and in so doing, wish to submit the Report of the Select Committee on Education on the Students Loan Trust Fund Bill.
1.0 Introduction
Pursuant to articles 103 and 106 (4) of the 1992 Constitution and Orders 125 and 186 of the Standing Orders of Parliament,
the Students Loan Trust Fund Bill was referred to the Select Committee on Education for consideration and report in accordance with Order 126 of the Standing Orders of Parliament.
2.0 Deliberations
The Committee, in considering the Bill first held a Stakeholders' Forum on the 2nd of July, 2010 to solicit views from the public. The Committee also benefited from written memoranda and oral submissions presented by interested groups and individuals.
The Committee is grateful to the Ministry of Education and the personnel from the Attorney-General's Department as well as stakeholders for providing the necessary inputs and clarifications during the examination of the Bill.
3.0 References
In considering the report , the Committee made reference to the following documents:
i. The 1992 Constitution.
i i . T h e S t a n d i n g O r d e r s of Parliament.
iii. The Students Loan Trust Fund (SLTF) Bill.
iv. The background notes received from the Ministry of Education.
v. The Ghana Education Trust Fund Act, 2000 (Act 581).
vi. The Students Loan Trust Fund that was set up as a Trust Deed Incorporated under the Trustees (Incorporation) Act, 1962 (Act 106).
vii. Presentations and clarifications by stakeholders.
4.0 Background Information
The Students Loan Scheme started in the 1988/89 academic year with about 8,000 students as beneficiaries at an annual loan level of 50,000 (GH5.00) per student. The total beneficiaries have increased considerably since the inception of the scheme. For instance, in the 2003/2004 academic year, the beneficiaries were 50,574 with a total disbursement of 121,639 million cedis (GH 12,163,900).
The continuous dependence on Social Security and National Insurance Trust (SSNIT) as a major source for the provision of loans to the increasing number of tertiary students has become a subject of concern to several stakeholders. The situation was further compounded by the non-payment of loan obligations by successive Governments in the form of subsidised interest rates and accumulated interests on the part of the students resulting in about 20 per cent (20%) of SSNIT's investment being locked up in debts thus putting the social safety net of Ghanaian workers in jeopardy.
In the light of the apparent non- sustainability of this loan arrangement, the previous administration in 2005 approved the incorporation of the Students Loan Trust Fund under the Trustees (Incorporation) Act, 1962.
Since 2006, the disbursements by the Students Loan Trust Fund (SLTF) have been dictated by the amount of moneys released by the Ghana Education Trust Fund (GETFund), which is the most singular source of funds for the SLTF. The Students Loan Trust Fund Bill is therefore, being proposed to replace the Students Loan Trust Deed of Incorporation in order to enhance the promotion and facilitation of the national ideals enshrined in article

Minister for Education (Mr Alex N. Tettey-Enyo)

Mr Speaker, I beg to move, that the Students Loan Trust Fund (SLTF) Bill, 2010 be now read a Second time and in doing so, crave your indulgence to espouse the principles of the Bill.
l. The object of this Bill is to establish by an Act of Parliament, a Students Loan Trust Fund to provide financial resources for the benefit of students of tertiary. educational institutions-
2. Currently, the Students Loan Trust Fund is setup as a Trust Deed incorporated under the Trustees (Incorporation) Act, 1962 (Act 106). However, Government has decided to change the legal status of the Students Loan Trust Fund from a trust deed to an Act of Parliament in order to strengthen its mandate and make its operation more effective.
3. The Students Loan. Trust Fund Bill seeks to enhance the promotion and facilitation of the nation's ideals enshrined in the 1992 Constitution regarding citizens' access to progressively free tertiary education.
4. Furthermore, the Bill will empower the SLTF to grant loans to students who qualify for admission into accredited tertiary institutions at a level to be determined by the courses they intend to

pursue, the location of the institutions in which they are enrolled, and genuine needs of individual students.

5. Finally, in order to strengthen the machinery for recovery of loans, employers would be obliged to assist the Fund with information on newly- employed graduates from tertiary education institutions in Ghana. Employers would also be required by law to deduct loan balances from personal emoluments of the employees concerned. These /and other provisions of the law would enable the SLTF fulfill its mandate.

Mr Speaker, I beg to move.

Question proposed

Chairman of the Education Committee (Mr Mathias A. Puozaa)

Mr Speaker, I beg to support the motion and in so doing, wish to submit the Report of the Select Committee on Education on the Students Loan Trust Fund Bill.
1.0 Introduction
Pursuant to articles 103 and 106 (4) of the 1992 Constitution and Orders 125 and 186 of the Standing Orders of Parliament, the Students Loan Trust Fund Bill was referred to the Select Committee on Education for consideration and report in accordance with Order 126 of the Standing Orders of Parliament
2.0 Deliberations
The Committee, in considering the Bill first held a Stakeholders' Forum on the 2nd of July, 2010 to solicit views from the public. The Committee also benefited from written memoranda and oral submissions presented by interested groups and individuals.
The Committee is grateful to the Ministry of Education and the personnel from the Attorney-General's Department

Chairman of the Education Committee (Mr Mathias A. Puozaa)

as well as stakeholders for providing the necessary inputs and clarifications during the examination of the Bill.
3 .0 References
In considering the report, the Committee made reference to the following documents:
i. The 1992 Constitution.
ii. The Standing Orders of Parliament
iii. The Students Loan Trust Fund (SLTF) Bill.
iv. The background notes received from the Ministry of Education.
v. The Ghana Education Trust Fund Act, 2000 (Act 581)
vi. The Students Loan Trust Fund that was set up as a Trust Deed Incorporated under the Trustees (Incorporation) Act, 1962 (Act
106).
vii. Presentations and clarifications by stakeholders.
4.0 Background Information
The Students Loan Scheme started in the 1988/89 academic year with about 8,000 students as beneficiaries at an annual loan level of 50,000 (GH5.00) per student. The total beneficiaries have increased considerably since the inception of the scheme. For instance, in the 2003/2004 academic year, the beneficiaries were 50,574 with a total disbursement of 121,639 million cedis (GH 12,163,900).
The continuous dependence on Social Security and National Insurance Trust (SSNIT) as a major source for the

provision of loans to the increasing number of tertiary students has become a subject of concern to several stakeholders. The situation was further compounded by the non-payment of loan obligations by successive Governments in the form of subsidised interest rates and accumulated interests on the part of the students resulting in about 20 per cent (20%) of SSNIT's investment being locked up in debts thus putting the social safety net of Ghanaian workers in jeopardy.

In the light of the apparent non- sustainability of this loan arrangement, the previous administration in 2005 approved the incorporation of the Students Loan Trust Fund under the Trustees (Incorporation) Act,

1962.

Since 2006, the disbursements by the Students Loan Trust Fund (SLTF) have been dictated by the amount of moneys released by the Ghana Education Trust Fund (GETFund), which is the most singular source of funds for the SLTF. The Students Loan Trust Fund Bill is therefore, being proposed to replace the Students Loan Trust Deed of Incorporation in order to enhance the promotion and facilitation of the national ideals enshrined in article 25 of the 1992 Constitution.

The Bill will also empower the administrators and management of the Fund to grant loans to students who qualify for admission into approved tertiary institutions pursuing accredited tertiary programmes. Additionally, proper mechanisms will be instituted to recover the loans and with time, make it a revolving Fund in order to meet the needs of an ever increasing number of tertiary students.

5.0 The Purpose of the Bill

The Bill seeks to provide financial resources for students of accredited tertiary institutions in order to promote

Chairman of the Educat ion Committee (Mr Mathias A. Puozaa)

“borrowers” insert “in consultation with the Minister.”
27. Page 9, clause 20, line 2, after “borrowers” insert “in consultation with the Minister.”
2 8. Page 9, clause 21, subclause (2), delete and insert the following:
(2) “The Board may set deadlines and conditions for the submission of applications”.
29. Page 10,clause 21, subclause (4), paragraph (a), item (i) delete and insert the following:
“fund are available.” 30. Page 10, Clause 21, subclause (6), line 2, delete “credit facility” and insert “loan” and delete “credit” after “full.” 31. Page 10, clause 21, subclause (7), line 2, delete “Commission on Human Rights and Administrative Justice” and insert “Complaints Committee of the Fund.” 32. Page 10, clause 22, subclause 1 and 2 delete and insert the following: “(1) the borrower of the Fund shall subscribe to the Students Loan Protection Scheme payable by the borrower against death or permanent disability.” “(2) The Loan Protection Scheme shall cover the duration of the loan.” 33. Page 11, clause 23, subclause (3), line 3, delete “Board” and insert “Fund” and in line 4, after “borrower” delete “from the salary of the employee”. 34. Page 11, clause 23, subclause (4), delete and insert the following: “(4) Where an employer makes monthly deductions from the salary of an employee but fails to pay the deductions into the Fund within the fifteen day period, the employer is liable to pay interest on the amount deducted at the prevailing interest rate plus five per cent as a penalty. Liable to pay interest on the amount deducted at the prevailing interest rate plus five per cent as a penalty”. 35. Page 11, clause 24, the Headnote, delete and insert “Power of the Board to demand employee information”.
36. page 11, clause 24, subclause (1), after “require” insert “in writing to”. 37. Page 11, clause 24, subclause (1) paragraph (h), after “number” insert “or any other recognised National Pension Scheme number, and.” 38. Page 11, clause 24 (1) (c ), after “work place” add “and address.” 39.Page 11, clause 24, subclause (1), line 3, delete “person” and insert “borrower or guarantor” and delete “in writing” after “require.”
40. Page 11, clause 24, subclause (3), line 2, delete “Trust” and after “Fund” insert “and that institution or agency shall comply.” 41. Page 11, clause 25, the Headnotes insert “a” after “of.” 42. Page 11, clause 25, subclause (1), line 2, after “months” insert “within the last twelve months.” 43. Page 12, clause 25, subclause (4), line 3, after “made” delete “Social Security and National Insurance Trust Pension Scheme” and insert “any scheme under the National Pensions Act, 2008 (Act 766).” 44. Page 12, clause 25, subclause (5), delete and insert the following:
“(5) The Board may request any Scheme establish under the National Pension Act, 2008 (Act 766) or any Pension Scheme operated a n d m a n a g e d b y a n y institution in the country to provide information on a n y c o n t r i b u t i o n s m a d e by a borrower or guarantor to that scheme and the contributions shall be attached for the repayment of a loan under this Act.”
45. Page 12, clause 26, subclause (1), delete “Board” and insert “Fund.” 46. Page 12, Clause 26, subclause (1), paragraph (c) delete “Board” and insert “Fund.” 47. Page 13, clause 29, subclause (a), delete and insert the following:
“ (a ) on admis s ion in to an
accredited t e r t i a r y institution or during the course of studies in the institu- tion, the borrower obtains a a scholarship from the Govern- ment of Ghana or from a public funded source;”
48. Page 13, clause 29, subclause (b), line 2, delete “Trust” and insert “Fund”. 49. Page 13, clause 31, subclause 1, line 1, delete “Board” and insert ‘Fund”. 50. Page 13, clause 31, subclause (3), delete and substitute the following:
“(3) sub-sect ion (1) , delete “private and” before “public entity”.
51. Page 13, clause 31, subclause (5), delete and insert the following:
“(5) The Fund may issue a demand notice to a private or public en- tity to provide information on a scholarship from a public source made to a student in a tertiary institution in the country.”
52. Page 13, clause 31, subclause (6), line 1, delete “Board” and insert “Fund”. 53. Page 13, clause 32, subclause (1), delete and insert the following:
“(1) The Board shall cause books of accounts and proper records to be kept in respect of the Fund in the form approved by the Auditor- General.”
54. Page 14, clause 32, subclause (4), line 1, delete “Board” and insert “Fund”.
55. Page 15, clause 36, subclause (5), line 1, delete “Board” and insert “Fund”.
56. Page 15, clause 37, add a new Subclause as follows:
“(i) needs testing”. 9.0 Conclusion
The Committee carefully examined the provisions in the Bill clause by clause and is satisfied that when passed, it would provide an adequate legal platform for

the management of the Fund to provide sustained funding to meet the needs of the ever increasing tertiary students.

The Committee, therefore, unanimous- ly recommends that the House passes the Students Loan Trust Bill subject to the amendments proposed above.

Respectfully submitted.

Chairman of the Education Committee (Mr Mathias A. Puozaa)

provide information on persons who refuse to repay their loans to a Credit Reference Bureau despite the provisions of the Credit Reporting Act, 2007 (Act 726). The purpose for which a loan obtained from the Fund may be used and the conditions under which a person may be eligible to obtain a fund from the Fund are specified in clauses 29 and 30.
Routine statutory provisions on accounts and audit, annual report and other reports are provided for clauses 32 and 33.
Under clause 35, the Fund is exempt from the payment of tax and clause 36 provides for offences. The Minister's enabling power to make regulations is provided for in clause 37, while clause 38 is on interpretations-
7.0 Observations
7.1 Rationale for Changing the Students Loan Trust from a Trust Deed to an Act of Parliament
The Committee was informed that changing the legal status of the existing Students Loan Trust from a Trust Deed to anAct of Parliament will strengthen the mandate of the Fund to operate under a wider legal framework
7.2 Sources of money for the Fund
The Committee noted that moneys for the Fund are being envisaged from many other sources apart from the Ghana Education Trust Fund (GEFFund) as the case is presently. This, in the opinion of the Committee, will guarantee funds to cater for the ever increasing number of tertiary students in a more sustained manner. The Committee also welcomed the idea of an eventual departure from the

over-dependence on GETFund sources by making it a revolving Fund. The Committee further proposes that one per cent of the money accruing into the Communication Tax Revenue should be channelled into the Fund to ensure that enough money is accumulated in the Fund to take care of the increasing number of tertiary students.

7.3 Recovery of the Loan Facility

It was also noted that, unlike the current system where proper mechanisms are not put in place to recover loans given to beneficiaries, adequate measures and procedures have been instituted in this Bill for the recovery of all loans. These include compulsory deductions from the salaries of employee beneficiaries and subscription to aLoan Protection Scheme to take care of possible non-repayment arising from death or permanent incapacitation. Employers will also be obliged under this Act to ensure that their employees who are beneficiaries settle their loans.

7.4 Senior Loan

To further enhance the recovery of the loan, the Committee observed that loans contracted from the Fund have been deemed "Senior Loans". This means that no other loan would take precedence over loans contracted from the Students Loan Trust Fund as far as repayment is concerned.

7.5 Borrower on Scholarship The Committee noted that under article 29, subsection (b), it has been provided that a person is not eligible or qualified to benefit from the Fund if he or she is being supported from a private source which is equal to or exceeds the maximum loan payable by the Fund. However, the

Prof. Dominic K. Fobih (NPP - Assin South)

Mr Speaker, I rise to support the Motion and in doing so, I would like to make a few comments.
Firstly, I note from your Committee's
Report that disbursement in the past has depended solely on the GETFund allocation. And I believe that this had always put a lot of burden on an already overburdened institution like the GETFund. This is because, we do know very well that even when GETFund makes allocation to the existing Fund for disbursement, much depended on the releases from the Ministry of Finance and Economic Planning to the GETFund.
So, sometimes what is allocated in the GETFund budget may not be the real or the actual money that goes into disbursement for students. And this creates a lot of problem because, we know students' sentiments and their desire to get funding for their education.
We also do note that sometimes, even if the releases come from the Ministry of Finance and Economic Planning, they are not timely disbursed. For this reason, when the students really need the money to start their programmes and they are being pressed by their various tertiary institutions to honour their obligations by paying their fees, the money is not available to them, then they fall back to their parents who are already in distress because they had to look at other students under their care like those in the second cycle schools and so on and so forth.
So, I believe if, as your Committee's Report is saying, that by passing this Bill, it would strengthen the hands of the Student Loan Trust Fund to be able to perform better, then I am quite happy about that. But what is important then to the Board is that, they have a serious challenge to meet.
The challenge is that, they must demonstrate beyond all doubt that they have the ability to generate more funds

Chairman of the Education Committee (Mr Mathias A. Puozaa)

Committee was of the view that such persons should not be denied the opportunity to benefit from the Fund since the loans given by the Fund in reality do not meet the needs of the beneficiaries, particularly those offering applied sciences such as medicine.
7.6 Eligibility of Students
The Committee noted that an important feature of the Students Loan Trust Fund is accessibility to all Ghanaian students in Ghana in accredited tertiary institutions pursuing accredited tertiary programmes. Students at both public and private institutions are catered for.
7.7 The Role of Stakeholders
The Committee observed that actors like employers and guarantors have a crucial role to play as far as recovery of the loans is concerned. In the light of this, the Committee strongly recommends an intensive education for these major actors.
7.8 Representation of Attorney- General's Department on the Board
It was observed that there was no representation from the Attorney- General's Department on the Board. The Committee considered this as a serious oversight and therefore proposes that the Attorney-General's Department is represented on the Board to provide legal services for effective administration and management of the Fund.
8.0 Proposed amendments
The Committee has examined the Bill clause- by-clause. The amendments being proposed therefore, encompass corrections made to the typographical errors, omissions, insertion

of new clauses and subclauses as well as redraft of some of the clauses to give clarity to the provisions.

1. Page 3, clause 2, subclause 1, line 3, after "institutions" insert "in Ghana". Page 4, clause 2, subclause 2 paragraph (a), line 1, delete "facilities" and insert "financial support".

2. Page 4, clause 2, subclause 2 paragraph (b) delete.

3. Page 4, clause 3, paragraph (a), line 1, delete "money" and insert "moneys" _

Page 4, clause 3, paragraph (a), line 2, before "Trust Fund" insert "Ghana Education".

4. Page 4, clause 3, paragraph (d), line 2, delete "up to the" and after "equivalent" delete "of 0.5%" and insert "to 0.3%".

5. Page 4,clause 3, paragraph (e), line 2, after "Trust" insert "upon tenns and conditions as shall be agreed upon".

6. Page 4 clause 3, paragraph (t), delete "money" and insert "moneys".

7. Page 4, clause 3, paragraph (g), line 1, delete "money" and insert "moneys".

8. Page 4, clause 3, paragraph (h), line 1, delete "money" and insert "moneys".

9. Page 4, clause 3, paragraph (j), line 1, before "to" delete "money that accrues" and insert "moneys that accrue".

10. Page 4, clause 3, add new paragraphs as follows:

"(k) one per cent of moneys taken from the Communications Service Tax Revenue".

Prof. Dominic K. Fobih (NPP - Assin South)

so that in future GETFund will not be overburdened unnecessarily and moreso, when we have expanded the mandate of this Fund to cover private and public tertiary institutions which are accredited to offer tertiary programmes to students. It means, we are going to deal with large numbers of students who would need this financial assistance.
We are talking about the University of Ghana having about 28,000. We are talking about University of Cape Coast having almost about the same figure. University of Education, Winneba about 16,000 and over and so on and so forth, not including diploma awarding institutions. So, really, there is some responsibility being put on this Fund. And I believe that, the Board members of this Fund will sit up and be more dynamic and rather not wait for only moneys coming from GETFund alone. This is because it is revenue coming from government and so that is what they think is easy to get.
Furthermore, Mr Speaker, we also
note that the maximum amount that is disbursed by the old Fund is about GH¢450 or sometimes less. We know that the students' expenses at the tertiary go far beyond this. So, if a student is really in need of funding for his or her tertiary education and we just give a part of it, then we have still not solved the student's problem. Should the student go to the institution or go back home and refuses the loan or just gets the loan and misuses it --
So, I think that much as we are talking about the quantum of money that will be generated by the Fund, the Fund should equally recognise that it is their responsibility to ensure that a student that qualifies for any accredited tertiary institution, does not face any hindrance by way of not getting adequate funding for, at least, the officially charged fees. So, they must also think about the quantum of money that is allocated to each student that applies to the Fund.
Lastly, I would also like to take note
of some of the insulations that we have built into the Bill. They talk about loan recovery, and we do know that the major problem that was faced by the old system was loan recovery or repayment. In fact, it was operating like using a basket to collect water. You put in a lot of water and then it drains out; so it never gets full. I hope this is not going to be the same thing for this new Fund that we are setting up legally. And it would sit up and take advantage of all the insulations we have built around the loan recovery and really enforce the regulations, as it were.
Minister for Roads and Highways
(Mr Joe K. Gidisu)(MP): Mr Speaker, thank you for the opportunity to get myself associated with the Motion on the floor by supporting it.
Mr Speaker, this is a very welcome
situation, taking note of the fact that educational financing, especially at the tertiary level, has become a factor that has denied access to education by a majority of citizens who would have otherwise pursued courses in that sector.
Mr Speaker, it is, therefore, gratifying
that attempts are being made, first and foremost, to broaden access to the loan which was hitherto limited to students in the public sector. As of now, it has come to stay, that private participation in education, especially the set up of these private institutions at the tertiary level has taken off a greater burden on the central government when it comes to, for example, provision of facilities like structures of all types.
However, it is on record that most of these private tertiary institutions' fees are generally above that of the public institutions. But unfortunately, those students in those sectors had not had the opportunity always to have access to those students' loans.
Mr Speaker, in looking at the situation of broadening the number of students that will have access to this loan, we
should equally look at the structuring of the governing body to take care of the concerns of students.
At the appropriate time, Mr Speaker, it will be very necessary to look at students' representation on the Board, especially now that we are getting a larger number of them involved, I have reservation on making provision for only Students Representative Council from a particular institution on the Board.
Mr Speaker, as noted by the last
speaker, there is the need to seriously look at broadening the revenue base of the Fund. We all agree that the GETFund cannot continue to be saddled with the type of responsibilities that we expect it to carry. It is in this regard that the Committee's recommendation that we should look at, at least, one per cent of moneys accruing into the Communications Tax Revenue to be channelled into the Fund -- Mr Speaker, this is a very serious proposition which at the appropriate time should be given the due consideration.
Unfortunately, the corporate sector has not been actively involved in the financing of education. But at the end of the day, it is that sector that benefits greatly from the qualifications of those students from those institutions. So, the attempt to closely involve the corporate sector in contributing to the present loan scheme will be a very commendable situation.
I would equally want to throw my weight behind the need to plug those leakages that affect the recovery of the loan facility which most often are seen by students who benefited from them as gratis and more often than not do not take care in the recovery of the loan facilities. It will be necessary, as we are now making

the proposed legislation on this, to look at how best we can effectively plug these leakages that hitherto affect the repayment schedules.

Mr Speaker, with these few comments, I would want to call on other Hon Colleagues to seriously throw their weight and support the Motion.

Papa Owusu

None

Sekondi): Mr Speaker, thank you for the opportunity to contribute to this debate. Before the establishment of the Students Loan Trust Fund (SLTF), it was Social Security and National Insurance Trust Fund (SSNIT) that was doing this job of giving loans to students.

The prev ious Adminis t ra t ion , recognising the problems that had bedevilled the system, then decided to introduce the SLTF, and the rationale for incorporating the Trust under the Trustees Incorporation Act was as much as possible to make it separate from Government even though Government would have a hand in the appointment of the officers, the funding, et cetera. It is my hope that this Bill, if approved by this Parliament, will not go the way of bodies established by Acts of Parliament which are being controlled by Government from a distance. It is very important.

One of the major problems that has faced tertiary education in this country is the matter of funding, and because Government has been the major financier of tertiary institutions or tertiary education generally in this country, resources that are needed to enable these tertiary institutions to provide the necessary infrastructure given the requisite remuneration that would attract first class personnel into the service has become a difficulty. Hence, you realise that when it comes to placing

Ghanaian universities on the league of universities worldwide, we come very low; even in Africa.

Also we ought to recognise that tertiary education, like education anywhere else, is not free. Now, anytime students are asked to pay something, they complain. But if you look at the cost of training a university student and the amount of money the student pays, it is to my mind, insignificant. What we need to do is to let those who have the ability to pay, to pay so that those who are capable but do not have the resources to pursue tertiary education have the opportunity to access realistic funding through the SLTF.

Tha t was the e s sence o f the establishment of the SLTF. I know there are many Hon Members of Parliament (MPs) here who can afford to finance their students at the university level without resorting to the students loan. But you realise that, well, because they say that “oh, you are entitled to it, you get”. But there are so many students who are unable to pursue tertiary education because of lack of funding.

So in enacting this Act, in i ts implementation, let us ensure that it is those who deserve it who get the funding. If you go to the developed countries - United States, United Kingdom, et cetera - almost everybody can access tertiary education. You take a students' loan, you have to work and then pay, so that financing does not become a barrier. The structure of our financing of tertiary education in this country, I can say that has been a recipe for producing graduates who cannot be globally competitive. And so we should take the bull by the horns.

I remember many years ago, when I was a professional law student and I said, “look, we should not have a country

where professional legal education is free”. I was nearly lynched in those days almost 30 years ago because people felt that, “oh, yes, it is only the “haves” who would have access”. That is not the case. Let the “haves” pay a realistic fee and let those who do not have be given loans to pay. That should be the essence.

So let not this Bill just become cosmetic; let us bear in mind the purpose for which the SLTF was established and ensure that through this innovative means, we are not only able to provide quality tertiary education to Ghanaians but also make that education accessible to those who are capable of accessing it.

Minister for Communications (Mr

Haruna Iddrisu)(MP): Mr Speaker, I rise to associate myself with the Motion for the adoption of the Report of the Select Committee on Education. But Mr Speaker, in doing so, may I refer you to page 3 of your Committee's Report, in particular, paragraph 5.0, the third line.

Mr Speaker, I have been looking at article 28 of the Constitution and I do believe that the Committee inadvertently referred to article 28; the proper reference should be to article 25 of the Constitution, which is on educational rights. So, I think that reference to article 28, in my view, is inadvertent, because it deals specifically with child rights.

We are discussing a matter of education rights in the Report that I have; if the Chairman could clarify that. But I can make some additional comments, if Mr Speaker can still recognise me after that correction, I think that article 28 should be expunged.

Chairman of the Education Committee (Mr Mathias A. Puozaa)

"(i) any other sources of funding that the Board in consultation with the Ministry of Finance may determine."
11. Page 4, clause 4, line 1, delete "money" and insert "Moneys" and before "Fund" delete "Trust" and line 3, after "the" insert "Controller and"
12. Page 5, clause 5, subclause 1, line 1, after "the" insert "Trust"
13. Page 5, clause 5 subclause 1, paragraph (d), delete and insert
"one representative of a recognized students' associations nominated on rotational basis for one term only".
14. Page 5 clause 5, subclause 1, paragraph (h), before "professionals" delete "two professionals" and insert "one professional" and after "experience" insert "in investment and financial management".
15. Page 5, clause 5, subclause 1, paragraph (1), line 1, after"Govemment" insert "at least"
16. Page 5, clause 5, subclause 1, add new paragraph as follows:
"(j) one representative from the Attomey-General, not below the level of Principal State Atatorney".
17. Page 7, Clause 8, add new sub- clauses as follows:
"(3) The quorum at a meeting for the Board shall be 8 or a greater number determined by the Board in respect of an important matter."
"(7) The proceedings of the Board shall not be invalidated by a reason of vacancy among the members or defect in the appoint-

ment or qualification of a member."

18. Page 8, cluse 10, subclause (2), line 1, after "a" delete "discipline and insert "Complaints".

19. Page 8, clause 10, subclause (3), line 1, after "Board" delete

"may" and insert "shall", and in line 2, a _er "Board" delete‘ except that the disciplinary committee shall be chaired by the representative of the Attorney-Genera on the Board".

20. Page 8, clause 14, subclause (3), line 4, delete "funct1on" and insert " functions".

21. Page 9, clause 15, subclause ((1), line 3, be ore "oi" delete "its" an insert "the" and after "functions" insert "of the functions of the Fund."

22. Page 9, clause 15, subclause (2), line 2, delete ‘ Board" and insert "Fund".

23. Piige 9, clause 15, subclause (3), line 1, a er "advisors" insert ‘ and consultants".

24. Page 9, clause 16, subclause (1) delete There shall be appointed" and insert "The Board shall appoint"

25. Page 9, clause l7, line 1 delete "moneys" and in line 2, delete "the proportions" and insert "accordance wit the formula" and, insert "and agproved by Parliament" after " Board" in me 2.

26. Page 9, clause 18,_l.ine 2, after_ "borrowers" insert ‘ m consultation w1th the Minister."

27. Page 9, clause 20, line 2, alter "borrowers" insert "in consultation with the Mmister." 28. Page 9, clause 21 subclause (2), delete and insert the following:

(2) "The Board may set deadlines and conditions for the submission of applications".

29. Page 1O,clause 21, subclause (4), paragraph (a) item(i) delete and insert the following:

"fund are available."

Mr Puozaa

Mr Speaker, it is true
that we have got articles 28 and 25 on the paper. But when I was reading, I read
the right thing, which is article 25 and I beg that this House should correct it accordingly. It is article 25 that is being referred to; so you may correct that.

Mr H. Iddrisu

Mr Speaker, thank you
very much. I believe that the appropriate reference should be to articles 25 and 38.

Mr First Deputy Speaker

The
article 38 is correct.?

Prof. Dominic K. Fobih (NPP-Assin South)

Mr Speaker, I rise to support the Motion and in doing so, I would like to make a few comments.
Firstly, I note from your Committee's Report at disbursement in the past has depended solely on the GB)TFund allocation. And believe that this had always put a lot of burden on an already
overburdened institution like the GETFund. This is because we do know very well that even when GETFund makes allocation to the existing Fund for disbursement much depended on the releases from the Ministry of Finance and Economic Planning to the GETFund.
So, sometimes what is allocated in the GETFund budget may not be the real or the actual money that goes into disbursement for students. And this creates a lot of problem because, we know students' sentiments and their desire to get funding for their education.
We also do note that sometimes, even if the releases come from the Ministry of Finance and Economic Planning, they are not timely disbursed. For this reason, when the students really need the money to start their programmes and they are being pressed by their various tertiary institutions to honour their obligations by paying their fees, the money is not available to them, then they fall back to their parents who are already in distress because they had to look at other students under their care like those in the second cycle schools and so on and so forth.
So, I believe if, as your Committee's Report 1S saying, that by passing this Bill, it would strengthen the hands of the Student Loan rust Fund to be able to perform better, then I am quite happy about that. But what is important then to the Board is that, they have a serious challenge to meet
The challenge is that, they must demonstrate beyond all doubt that they have the ability to generate more funds so that in future GETFund will not be overburdened unnecessarily and moreso, when we have expanded the mandate of this Fund to cover private and public tertiary institutions which are accredited to offer tertiary programmes to students. It means, we are going to deal with large numbers of students who would need this financial assistance.
We are talking about the Universities of Ghana having about 28,000. We are talking about University of Cape Coast having almost about the same figure. University of Education, Winneba about l6,OO0 and over and so on and so forth, not including diploma awarding institutions. So, really, there is some responsibility being put on this Fund. And I believe that, the Board

Mr H. Iddrisu

Mr Speaker, I believe
that this law -

Minister for Roads and Highways.(Mr Joe K. Gidisu)(MP)

Mr Speaker; thank you for the opportunity to get myself associated with the Motion on the floor by supporting it.
Mr Speaker, this is a very welcome situation, taking note of the fact that educational financing, especially at the tertiary level, has become a factor that has denied access to education by a majority of citizens who would have otherwise pursued courses in that sector.
Mr Speaker, it is, therefore, gratifying that attempts are being made, first and foremost, to broaden access to the loan which was hitherto limited to students in the public sector. As of now, it has come to stay, that private participation in education, especially the set up of these private institutions at the tertiary level has taken off a greater burden on the central government when it comes to, for example, provision of facilities like structures of all types.
However, it is on record that most of these private tertiary institutions' fees are generally above that of the public institutions. But unfortunately, those students in those sectors had not had the opportunity always to have access .to those students' loans.
Mr Speaker, in looking at the situation of broadening the number of students that will have access to this loan, we should equally look at the structuring of the governing body to take care of the concerns of students.
At the appropriate time, Mr Speaker, it will be very necessary to look at students' representation on the Board, especially now that we are getting a larger number of them involved, I have reservation on making provision for only Students Representative Council from a particular institution on the Board.

Mr First Deputy Speaker

Hon
Balado Manu, do you have any point of order?

Mr Speaker, I just like to share and support an opinion expressed by the Hon Papa Owusu-Ankomah, that we need to conduct a means test in order to define who must necessarily benefit from this facility, because a proper definition of those deserving the package is appropriate. Associated with that, Mr Speaker, is that, the per unit cost in terms of academic training, differs from one course to the other, whether you were reading medicine or law or pharmacy or the social sciences or history or sociology, the requirement is not the same.
We also need to make an appropriate definition, because some of these students require more than others, yet they are all treated at a universal level where ¢4.2 million or GH¢420.00 and GH¢320.00 respectively is made available to them to undertake the same courses. I think that a review of that is appropriate.
What is also important, Mr Speaker, is the recovery of the loan facilities. If you read some reports that I have come across, about 20 per cent of SSNIT investments are being locked up in debt because successive governments failed to meet the interest subsidy on the loan. And Mr Speaker, even if you go back to memory lane, I hope Prof. Christopher Ameyaw- Akumfi will remember. At the time, we were student activists, and it was very comforting giving them sleepless nights in terms of ensuring that we got a better package as our students loan scheme.
Mr Speaker, I can see Richard Acheampong who used to be a National Union of Ghana Students (NUGS) activist look into my face and the role that he played, including Mr Kyei-Mensah-Bonsu who was very active in the socialist forum, until he redefined his values in that era.

Mr First Deputy Speaker

Hon Member for Sege, do you have a point of order?

Mr Kyei-Mensah-Bonsu

Mr Speaker, I have never known the Hon Minister responsible for Communications to be a rumour-monger. [Laughter.] A lot of rumour is being peddled about me, that I used to be a socialist. Mr Speaker, let me put it on record. I have never been, I have never been.

Mr Kyei-Mensah-Bonsu

Mr Speaker, yes, at our time, it used to be the SSNIT Students Loan Scheme. It was qualified by "SSNIT" signature, so it was SSNIT Student Loans Scheme.

Mrs Catherine A. Afeku (NPP - Evalue Gwira)

Mr Speaker, I thank you for giving me the opportunity to contribute to this debate.
Mr Speaker, I have made some
observations that, hopefully, when we get to the Consideration Stage, we would take into account.
I have looked at the actual memorandum,
and when you look at clause 20 - Fees and Charges -- Mr Speaker, article 38 of the Constitution is saying all citizens are eligible to education or right to education, should not be discriminatory. But when
we look at the rural areas, people from our rural communities who are already struggling with getting a guarantor who has a SSNIT contribution, you are also imposing fees and charges by the Board to eligible students.
Mr Speaker, I think we should take a bold step in either scraping or eliminating fees and charges for eligible students who have to apply for their student loan. That is one of the observations I made.
I also did not see any eligibility criteria in this consideration of the student loan, who really determines who is eligible. And there is too much power in the hands of the Board. To put it in the hands of the Board to decide eligibility, it is very easy in our political dispensation for patronage.
As previous Hon Members have talked about, the actual beneficiary ends up not getting the intended benefit of this loan, that is people who deserve it would be left out of the whole. But those who can actually afford to take care of their wards, would end up benefiting from this great opportunity. So, with that not being clearly spelt out, I think there is a discriminatory practice that is hidden in this Bill, that needs to be really considered.
It also does seem like there is an opportunity to make a clause for disabled people to access this loan. No provision whatsoever is made. If you glance through the clauses for the loan and its memorandum, it actually leaves out disabled people. We are already struggling with the two per cent from the District Assemblies Common Fund (DACF) to support disabled people; they should not be left out in the acquisition of tertiary education, because they also have what it takes to contribute their quota to building mother Ghana.

Mr First Deputy Speaker

Very well, Hon Minister, continue.

Mrs Catherine A. Afeku (NPP - Evalue Gwira)

I also have a very big problem with repayment strategies. The memorandum does not really delve into repayments. There are a lot of people who have taken student loans in the past, who have left the shores of Ghana. Maybe, it is possible to link up with immigration, so, students who have benefited from the SSNIT loans would have a way of repatriating their funds or paying through -- I do know that in the previous administration, the Embassies had some collaboration in getting students who would voluntarily walk into the Embassies and contribute or pay back their loans.

But adding it to the legislation would strengthen the hands of the Board, to find ways of getting back these monies because it is not everybody who is not willing to pay. Sometimes, the mechanisms to even get the money back to the coffers of Government becomes a challenge. Where we have a representation across the globe, through our Embassies, there must be a mechanism in this Bill that gives legislative power to agencies outside our shores to collect from those who want to pay. So, there would not be defaulters or willing payers would not be given that threshold.

The Board and its criteria -- Members who get on the Board, if it is possible at all, because education should not be discriminatory -- if we can avoid political appointments, it will really augur well to give people in Ghana the chance to get the education they deserve. If we do not put some of these mechanisms in place, then it would be a Bill that will come out into an Act which would give loopholes to political leadership to take advantage of our monies or funds that will support education in our country.

Of course, I cannot help but add, if it is possible at all, there should be provision for gender. Young women, girl-child education, the Millennium

Development Goals (MDGS), one of it is universal primary education, but girl- child education specifically at the tertiary level. A lot of young women may also struggle getting support. If there is any provision that is possible to put in there, so there would be that support for women who want to aspire to greater heights but will have difficulties raising funds or even accessing the loans.

With these few words, I truly support the debate and at the Consideration Stage, I will add my voice to it.

I thank you.

Mr H. Iddrisu

Mr Speaker, I just like to share and support an opinion expressed by the Hon Papa Owusu- Ankomah, that we need to conduct a means test in order to define Who must necessarily benefit from this facility, because a proper definition of those deserving the package is appropriate. Associated with that, Mr Speaker, is that, the per unit cost in terms of academic training, differs from one course to the

other, Whether you were reading medicine or law or pharmacy or the social sciences or history or sociology, the requirement is not the same.

We also need to make an appropriate definition, because some of these students require more than others, yet they are all treated at a universal level where ¢4.2 million or GH¢420.00 and GH¢320.00 respectively is made available to them to undertake the same courses. I think that a review of that is appropriate.

What is also important, Mr Speaker, is the recovery of the loan facilities. If you read some reports that I have come across, about 20 per cent of SSNIT investments are being locked up in debt because successive governments failed to meet the interest subsidy on the loan. And Mr Speaker, even if you go back to memory lane, I hope Prof. Christopher Ameyaw- Akumfi will remember. At the time, we were student activists, and it was very comforting giving them sleepless nights in terms of ensuring that we got a better package as our students loan scheme.

Mr Speaker, I can see Richard Acheampong who used to be a National Union of Ghana Students (NUGS) activist look into my face and the role that he played, including Mr Kyei-Mensah-Bonsu who was very active in the socialist forum, until he redefined his values in that era.

Mr S.K.B. Manu

None

Mr Alfred Abayateye - rose —

Mr Kyei-Mensah-Bonsu

MrSpeaker, I have never known the Hon Minister responsible for Communications to be a romour-monger. [Laughter] A lot of rumour is being peddled about me, that I used to be a socialist. Mr Speaker, let me put it on record. I have never been, I have never been.

Mr First Deputy Speaker

Hon
Members, there is not so much controversy with regard to this Bill. Both sides of the House are ad idem; the areas that we have flagged in our contributions are the areas that will come at the Consideration Stage. I will give two minutes, you and Hon Balado.
Mr Alfred W. G. Abayateye (NDC
- Sege): Mr Speaker, I want to thank you for this opportunity. I want to contribute and bring out some points for us to see if there is need for this.
This loan or Trust caters for everyone, with special reference to the - it is meant for students of accredited tertiary institutions pursuing accredited programmes, so it caters for people with disability -- everybody. As of now, I happen to serve on the Board and I want to say that the majority of the beneficiaries are women.

Mr First Deputy Speaker

Hon Members, he said he had never been, but what he had been, which he has not challenged, is that he was a believer in June 4.

Hon
Balado, kindly co-operate with me; two minutes, so that the Hon Member for New
Juaben North who is a senior Member of the House wants to make a very important intervention.
Mr S. K. B. Manu (NPP - Ahafo
South): Mr Speaker, education has been defined as that which equips the individual with skills, knowledge, attitudes and aptitudes that are useful to the individual, as well as the society to which he or she belongs.
Mr Speaker, as a result of this, anybody
who is pursuing education must be encouraged and must be assisted where it is necessary. It is in this light, that I have a problem with clause 29 of the Bill which states and with your indulgence, I quote that:
“Despite any other provision in any enactment to the contrary, a person is not eligible to apply for a loan under this Act where before admission into an accredited public tertiary institution or during the course of studies in the institution, the borrower obtains a scholarship from the Government of Ghana or from a public funded source or any private institution or organisation.”

Mrs Catherine A. Afeku (NPP - Evalue Gwira)

Mr Speaker, I thank you for giving me the opportunity to contribute to this debate.
Mr Speaker, I have made some observations that, hopefully, when we get to the Consideration Stage, we would take into account.
I have looked at the actual memorandum, and when you look at clause 20 - Fees and Charges -- Mr Speaker, article 38 of the Constitution is saying all citizens are eligible to education or right to education, should not be discriminatory. But when

we look at the rural areas, people from our rural communities who are already snuggling with getting a guarantor who has a SSNIT contribution, you are also imposing fees and charges by the Board to eligible students.

Mr Speaker, I think we should take a bold step in either scraping or eliminating fees and charges for eligible students who have to apply for their student loan. That is one of the observations I made.

I also did not see any eligibility criteria in this consideration of the student loan, who really determines who is eligible. And there is too much power in the hands of the Board. To put it in the hands of the Board to decide eligibility, it is very easy in our political dispensation for patronage.

As previous Hon Members have talked about, the actual beneficiary ends up not getting the intended benefit of this loan, that is people who deserve it would be left out of the whole- But those who can actually afford to take care of their wards, would end up benefiting from this great opportunity. So, with that not being clearly spelt out, I think there is a discriminatory practice that is hidden in this Bill, that needs to be really considered.

It also does seem like there is an opportunity to make a clause for disabled people to access this loan. No provision whatsoever is made. If you glance through the clauses for the loan and its memorandum, it actually leaves out disabled people. We are already struggling with the two per cent from the DistrictAssemblies Common Fund (DACF) to support disabled people; they should not be left out in the acquisition of tertiary education, because they also have what it takes to contribute their quota to building mother Ghana.

Mrs Catherine A. Afeku (NPP - Evalue Gwira)

I also have a very big problem with repayment strategies. The memorandum does not really delve into repayments. There are a lot of people who have taken student loans in the past, who have left the shores of Ghana. Maybe, it is possible to link up with immigration, so, students who have benefited from the SSNIT loans would have a way of repatriating their funds or paying through -- I do know that in the previous administration, the Embassies had some collaboration in getting students who would voluntarily walk into the Embassies and contribute or pay back their loans.
But adding it to the legislation would strengthen the hands of the Board, to find ways of getting back these monies because it is not everybody who is not willing to pay. Sometimes, the mechanisms to even get the money back to the coffers of Government becomes a challenge. Where we have a representation across the globe, through our Embassies, there must be a mechanism in this Bill that gives legislative power to agencies outside our shores to collect from those who want to pay. So, there would not be defaulters or willing payers would not be given that threshold.
The Board and its criteria - Members who get on the Board, if it is possible at all, because education should not be discriminatory - if we can avoid political appointments, it will really augur well to give people in Ghana the chance to get the education they deserve. If we do not put some of these mechanisms in place, then it would be a Bill that will come out into an Act which would give loopholes to political leadership to take advantage of our monies or funds that will support education in our country.
Of course, I cannot help but add, if it is possible at all, there should be provision for gender. Young Women, girl-child education, the Millennium Development

Goals (MDGS), one of it is universal primary education, but girl-child education specifically at the tertiary level. A lot of young women may also struggle getting support. If there is any provision that is possible to put in there, so there would be that support for women who Want to aspire to greater heights but will have difficulties raising funds or even accessing the loans.

With these few words, I truly support the debate and at the Consideration Stage, I will add my voice to it.

I thank you.

The "Hon Akoto", I do not know whether it is Dr Akoto on this side or Dr Akoto on that side; neither of them has spoken. So his reference to "Dr Akoto" is continuing to mislead this House. It is only Dr Akoto Osei who spoke, and he is making reference to some Dr Akoto who is not known in this House.

Mr Manu

I accept his intervention and the person I am referring to is Dr Akoto Osei, MP for Old Tafo - [Interruption] -- yes. And the system as I have explained-

Mr First Deputy Speaker; Hon Balado, your last statement; your last sentence --

Chairman of Committee (Alhaji Sumani Abukari )

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 moved, the Motion for the adoption of the Report of the Committee on Defence and Interior on the Convention on Cluster Munitions (CCM) may be moved today.
Mr William Ofori Boafo (NPP -
Akropong): Mr Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
Report of the Committee on Defence and Interior on the
Convention on Cluster Munitions (CCM)

Mr Manu

My last statement is that, in order to aid recovery of the loans, governments should refrain from taking loans that would tie down governments from employing people who graduate from our universities and our tertiary institutions so that they can Work and pay back the loans.
On this note, I thank you and I cede back the floor to you.

Chairman of the Committee (Alhaji Sumani Abukari )

Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Defence and Interior on the Convention on Cluster Munitions (CCM).
Mr Speaker, in so doing, I wish to present the Report of the Committee.
1.0 Introduction
The Convention on Cluster Munitions (Cluster Bombs) was laid in Parliament by the Minister for Water Resources, Works and Housing (Hon Alban S. K. Bagbin), on behalf of the Minister for the

Interior, on Thursday, 8th July, 2010. In accordance with article 75 (2) of the 1992 Constitution. The Convention was referred to the Committee on Defence and Interior for consideration and report pursuant to Order 158 of the Standing Orders of the House.

2.0 Reference Documents

The Committee made reference to the following documents during the consideration of the Convention:

i. The 1992 Constitution of Ghana;

i i . T h e S t a n d i n g O r d e r s of Parliament; and

iii. The Convention on Cluster Munitions.

3.0 Deliberations

The Committee met with the Deputy Minister for the Interior, Dr Kwasi Akyem Apea-Kubi, the Executive Secretary of the Small Arms Commission, Mr Jones Applerh, Lt Col. S. Ohene-Asare (retd.) and the technical team from the Ministry of the Interior. In attendance were other officials of the Ministry of the Interior and members of the Foundation for Security and Development in Africa. The Committee acknowledges the invaluable contribution of all these officials during the consideration of the Convention.

4.0 Background Information

On the 22nd 23rd February 2007, the International Committee of the Red Cross (ICRC), the Cluster Munitions Coalition and the Humanitarian Organization met in Oslo, Norway to discuss how to effectively address the international problems caused by Cluster Munitions (Cluster Bombs).

Cluster munitions cause serious territorial harm to civilians long after the cessation of hostility by war States, and undeniable evidence indicates that various governments/nations have been reluctant to give up weapons caused by Cluster Munitions.

The overwhelming threat of these weapons is obvious: bomblets dropped by cluster munitions cause serious injury, not only to military personnel but also to civilians. The effect on the human body is severe, generally resulting in the loss of limbs or death.

Cluster munitions are large weapons that release dozens or hundred of smaller sub-munitions. Air-dropped or ground-launched; they cause two major humanitarian problems. First, their wide area effect virtually guarantees civilian casualties when they are used in populated areas. Second, many of the submunitions do not explode on impact as designed, causing civilian casualties for months or years to come.

It is in recognition of the serious harm caused to civilians and the consequences of cluster munitions that these countries agreed to conclude by 2008 a legally binding international instrument.

In pursuance of the above, series of international conferences were held for States and participants to discuss the draft version of the Convention. Prior to the final negotiation, various conferences took place in Limas and Wellington. Final diplomatic negotiations were held in Dublin and the ultimate signing ceremony was in Oslo on 3rd and 4th December, 2008.

In addition to these negotiations and signing ceremony, regional conferences were held across the world including two in Africa -- Livingstone (Zambia) and Kampala (Uganda).

Chairman of the Committee (Alhaji Sumani Abukari )

The outcome of these conferences resulted in the development of a new Instrument that prohibits cluster munitions.

5.0 Object of the Convention

The Instrument seeks to:

Prohibit the used of Cluster munitions

Prohibit the production, transfer and stockpile of cluster munitions that cause unacceptable harm to civilians

Establish a framework for co- operation and assistance to parties to the Convention.

Destroy cluster munitions stockpile and obliges countries to clear contaminated areas and provide support to victims and affected communities.

6.0 Observations and Recommendations

6.1 The Committee observed that these weapons (cluster munitions) cause great havoc to civilian population during and after war situation and therefore, recommends the need for this House to act proactively by ratifying the Convention in order to prevent future suffering of humankind.

In the light of the above, the Committee further noted that, the ratification of this Convention will deter our future government/generations from using these weapons for military purposes.

6.2 The Committee further noted that the Convention prohibits any use, development, production, acquisition, stockpiling, transfer or retention of cluster

munitions. Furthermore, the importance of the Convention in terms of Humanitarian Law which is the total banning of all weapons that have been manufactured and documented to create great human suffering was a point well noted. In view of the Committee, the ratification of the Convention will further contribute in establishing very important international standards for the conduct of all States in future conflicts.

6.3 The Committee observed that, although Ghana is a country that has not purchased, stockpiled, manufactured, contaminated or affected by cluster munitions, it will be prudent to join the process to maintain our reputation and culture as a country that champions disarmament and peace on the international arena, and in keeping with our foreign policy of peace promotion and peaceful coexistence. This, in the view of the Committee, will further prohibit the use of these munitions by non-State actors in our current and future conflicts.

6.4 Additionally, Ghana is called upon to ratify the Convention to send clear signals against the production, stockpiling and use by State parties in wars and even deter non-State parties from using cluster munitions so that in our quest for peace and development on the continent, none of these debilitating weapons will be used to undermine our young democracies.

7.0 Conclusion

The threat from a cluster-munition attack is serious but of equal importance is the effect of unexploded cluster munitions that remain on the ground. The use of cluster munitions cause instances of serious injury or death not only to military personnel and targets, but also to civilians who stumble upon unexploded cluster

munitions canisters after the battle.

In many cases, farmers come in contact with these weapons when tending their land, and children fall victims to these while playing in open fields. At times, children may even mistake cluster munitions canisters for toys. It is in the light of these that the Committee, after a careful deliberation, and being satisfied that it is consonance with the Constitution and other related international protocols, accordingly recommends that the House ratifies the Convention on Cluster Munitions (Cluster Bombs).

Mr Speaker, we all agree that this is a very important Convention which protects all civilians and especially so our children. And there are still cluster munitions in the ground which were released during the Second World War and which have never been retrieved. It is, therefore, important to support their Convention so that the international community can pay more attention to such dangerous weapons.

Mr First Deputy Speaker

Hon Member, you know that I am not on the floor.
Yes, Hon Member for New Juaben North, brief intervention.

Mr Hackman Owusu-Agyemang (NPP - New Juaben North)

Mr Speaker, I believe this is a very good initiative. What we need to do is to sharpen it properly and to ensure that it achieves its aim.
First and foremost, the Chief Executive should be a fund manager who knows how to manage funds. Many a time, we get people taking these positions and they have no idea of fund management. It is happening at the Social Security and National Insurance Trust (SSNIT); it has happened at other places and I believe we must take care of that one.
Again, Mr Speaker, in this country, people do not seem to want to obey the directives. If you take America, by April 30, everybody has filed his returns and if you do not do it, you are in trouble. But here, the rather lackadaisical attitude we take to the enforcement of rules and regulations, is what creates this problem. I believe one of the rules of doing this is, let the students apply. Once they are accepted in an institution of tertiary learning, then the money should be paid

directly to the institution. If you pay the money directly to the institution, then they will not have access to it and the institutions -- one of the certificates they give you should be a certificate of how much you owe and if this is made law and people even ask, Where is your clearance from the Students Loans Trust Fund, it Will help.

In the United Kingdom, Mr Speaker, your parents even fill forms to show their income levels and to see whether you are qualified for assistance or not. If We are not doing that, then we must make sure we recover the loans properly and I believe anybody looking for scholarship to go outside or whatever it is, and not that many people go outside the country anyway, vis-a-vis those who stay in.

We should be able to monitor and organise the Trust Fund in such a Way that we do not lose much money. This is because if we do not get a good fund manager who will recycle and build up the Fund, after a while, it finishes and then there is nothing else to replenish it.

Mr Speaker, the last point, as I said, is that, it might be useful for the Hon Minister for Education to have an L.l. which spells out the details of all these things, as to how you access the loan, how you pay it, the certificate of clearance that you require, what have you, and the rest and these then will require employers to ensure that, like National Service, "show me your certificate. Have you done your National Service or have you paid your money?" So either by an L.I., because that is the only one that can compel employers to do that or by rules and regulations.

Whatever it is, it is such a good initiative, we should not allow it to die because the Manager is not a fund manager and at the end of it, We have it off.

Hon Members, order! Hon Members, order!
Hon Members, before we start proceedings, I would want to place on record two quick points - Very well, Hon Majority Leader.

Mr Avoka

Mr Speaker, I thought that, with the greatest respect, I should respond to some of the issues raised by my Hon Colleague because we had the discussion earlier in the day. For record purposes, Hon Colleagues - [Interruptions].

Chairman of the Committee (Mr James K. Avedzi)

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 for the adoption of the Report of the joint Committee on Finance and Works and Housing on the restated and amended Off-Taker Agreement between the Government of Ghana and STX

Engineering and Construction Ghana Ltd relating to the Ghana Housing Project may be moved today.

Mr David T. Assumeng

Mr Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
Joint Report on restated and amended Off-Taker Agreement
between GoG/STX Engineering and Construction Ghana Limited

Mr First Deputy Speaker

Hon Majority Leader, if they had wanted to listen to you, they would have stayed for your responce before leaving, so, kindly respond. Hon Majority Leader, whatever you say will be on the record for posterity -- [Some Hon Members: Yes .]

Mr Avoka

Mr Speaker, it is said that actions speak louder than words. [Hear] Hear! ] And if anything is there to go by, the Hon Minority Leader and the Hon Colleagues on the other side of the House have often said that in principle, they agree to this transaction, and that there is a need to provide decent accommodation to our security services which have been

Chairman of the Committee (Mr James K. Avedzi)

Mr. Speaker, I beg to move, that this Honourable House adopts the Report of the joint Committee on Finance and Works and Housing on the restated and amended Off-Taker Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited relating to the Ghana Housing Project.
In doing so, I present the Committee's Report.
1.0 Introduction
The restated and amended Off-Taker Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited relating to the Ghana Housing Project was laid in the House on Tuesday, 3rd August, 2010 and referred to the joint Committee on Finance and Works and Housing for consideration and report in accordance with article 181(5) and the Standing Orders of the House.
The Committee met and considered the Agreement with the Minister for Water Resources, Works and Housing, Hon Alban Sumani Kingsford Bagbin; his Deputy, Hon Maj. (Dr) (Alhaji) Mustapha
Ahmed (retd); Minister for Finance and Economic Planning, Hon Dr Kwabena Duffuor and his Deputy, Hon Seth Terkpeh; ‘the Attorney-General and Minister for Justice, Hon Mrs Betty Mould-Iddrisu and technical teams from the Ministries of Finance and Economic Planning, Water Resources, Works and Housing and Attorney-General's Department and hereby presents this Report.
2.0 Reference Documents
The Committee, in its deliberations, made reference to the fol lowing documents:
i . The 1992 Consti tut ion of the Republic of Ghana.
i i . T h e J o i n t Ve n t u r e Agreement among the Government of Ghana acting through the Ministry of Water R e s o u r c e s , Wo r k s a n d Housing, STC Engineering and Construction, Ghana Limited and HFC Bank (Ghana) Limited rela- ting to the Ghana Housing Project;
iii. Loans Act, 1970 (Act 335) and;
iv. The Standing Orders of the House.
3.0 Background
The Government on 9th December, 2009 entered into an Off-Taker Agreement with STX Engineering and Construction Ghana Limited, which was later revised and entered into on 23rd July, 2010. The Ministry of Water Resource, Works and Housing entered into this Agreement to develop 200,000 units of houses (Ghana Housing Project) in all the ten regional capitals over the next five years on the
basis of Public Private Partnership.
Under the Off-Taker Agreement, the Government of Ghana agreed to acquire ninety thousand (90,000) units of houses, representing 45 per cent of the housing project; thirty thousand (30,000) units out of the total 90,000 units to be duty post accommodation for security agencies.
4.0 Purpose of the Agreement
The purpose of the amended and restated Off-Taker Agreement is to initiate a housing development project (Housing Project) whereby over the next five years, two hundred thousand (200,000) housing units would be built in ten cities in Ghana by STX Engineering and Construction Ghana Limited, forty-five per cent (45%) of which the Government of Ghana (GoG) will become an off-taker.
5.0 Observations
The Committee observed that under article 1 of the Off-Taker Agreement, the Government of Ghana undertakes to purchase 45 per cent of the 200,000 housing units to be constructed under the housing project.
Article 2 of the Agreement requires STX to use its best endeavours to maximize the financial, geological and design criteria to obtain a minimum cost per unit of housing that is commensurate with the design and quality that will meet the requirement of the Government of Ghana.
The Committee further observed that under the restated and amended Off-Taker Agreement, the Government of Ghana undertakes to issue in favour of STX, a sovereign guarantee under section 10 of the Loans Act, 1970 (Act 335) securing its financial obligations in relation to the GoG Off-Taker, valid and sufficiently viable to enable STX to obtain funding from financiers and investors for the forty-five

Mr David T. Assumeng

Mr Speaker, I beg to second the Motion. In doing so, I want to urge all Hon Members to vote massively for this good programme.
Question proposed.

Some Hon Members

Mention their names. Mention their names.

Minister for Water Resources, Works and Housing (Mr Alban S. K. Bagbin) (MP)

Mr Speaker, it is important that we say a few words about this transaction because it came to the House on the 4th of May, 2010 and since then we have been going through these documents together. As a result of earlier discussions held by Government, and also discussions held in this House, we had to review some provisions of these documents, particularly the one that we are looking at which is the Joint Venture Agreement.
But more importantly Mr Speaker, the Committee, when these were re-laid on the
28th of July, 2010 held a meeting to discuss these Agreements -- that was on Friday, 30th July, 2010 and the meeting took place at the new parliamentary building annex, from around 9.30 a.m. to 2.30 p.m. We went through the provisions of these Agreements.
In fact, the Minority were part of the meeting and they raised a lot of issues; we explained them to their satisfaction. They requested for additional information and documentation, which we placed at their disposal, including designs and drawings of the buildings, and the unit price of the buildings.
We provided all that to the Minority and this was in fact, to some of us, a surprise when they are giving the impression to the whole world that these things are being rushed through. It is very, very unfortunate. We have never, never in this House given such open and transparent discussion of any Agreement or any Financial Instrument that has been brought to this House.
I have been here, and a few of us are the oldest. [Hear! Hear!] Truly, Mr Speaker, you being my Colleague from January, 1993, we can testify that we have never, never had this kind of experience, and in fact, we have even at some times had to bend backwards to make available even discussions that were held to get these things.
In fact, some Hon Members of the Minority came for even the proposals, the copious documents, not only on the subject matter but even what was written by the College of Architecture and Planning of the Kwame Nkrumah University of Science and Technology. They have all those documents. So these days, where we have the “Latter Day Saints' who are behaving as if they have never been in government , it is sad; really very sad.

Mr Avoka

Mr Speaker, Hon Akoto Osei was present, Hon Joe Ghartey, Hon K. T. Hammond -- and Hon Dan Botwe was present. We were only two, my Deputy and myself. They said that we should go and come back in two weeks' time and I said we could not accept that. Then they said we should allow them to do their congress and then come back on Monday and do it. And I told the Hon Minority Leader that we were at the discussion stage, he should let me go and present this to my group and then come and give him the feedback.

Mr Speaker, I want to put it on record that whatever discussion took place between the Leadership is subject to ratification by our Hon Members. It is not absolute discussion and agreement. We normally need to sensitize each other and come back and say that we have sensitized our Colleagues on the other side; this is the way they are thinking. And it is not that it is an agreement between the Minority Leader and myself that it must be taken on Monday.

So, when the Hon Minority Leader raised the issue of betrayal of trust and a breach of faith, I found those terms to be unfortunate. I find them to be unfortunate because there is no issue of betrayal of trust here; I did not commit myself to him, that, yes, We were going to take this matter on Monday. I did not, I did not commit myself to him that We were going to take this after two weeks or one month.

I told him that we have heard their concerns; these are also our concern. Our position is that we must take the Motion today and finish it. As I said, he had some people to back him to back out from the earlier agreement that we could take it today or tomorrow. I did not have people to back me up at that stage, so I had to brief my House.

MI Speaker, if they are doing this in good faith, if they are committed to this transaction, it is my submission that they were merely buying time so that they will then - [Interruptions] - go back to the Supreme Court tomorrow and get an injunction to restrain us. They were buying time. Their action is not in good faith; the pronouncements the Hon Minority Leader was making here are not in good faith. They are not intended to bring about the progress and development of this country. This is my observation.

Some Hon Members

You win, you win.

Mr Speaker, I beg to move, that this Honourable House adopts the Report of the joint Committee on Finance and Works and Housing on the Supplier's Credit Financing Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited for an amount of US$1,525,443,468.00 for the construction of 30,000 units of houses under the Security Services Housing Project.
Mr Speaker, I present the Report of the Committee.
1.0 Introduction
The Supplier's Credit Financing Agreement between the Government of the Republic of Ghana and STX Engineering

Mr First Deputy Speaker

Hon Members, that brings us to the end of debate on Motion number 5.
Question put and Motion agreed to.

Chairman of the Committee (Mr James K. Avedzi)

and Construction Ghana Limited (STX Ghana) for an amount of one billion, five hundred and twenty-five million, four hundred and forty-three thousand, four hundred and sixty-eight United States dollars (US $1,525,443,468.00) for the construction of thirty thousand (30,000) units of houses under the Security Services Housing Project, was first laid and referred to the Committee on 4th May, 2010.

This current Agreement was however, laid in the House on Wednesday, 28th July, 2010 after the withdrawal of the one laid earlier. Pursuant to article 181 of the Constitution and Orders 171 (1) and 180 of the Standing Orders of the House, the Supplier's Credit Agreement was referred to the joint Committee on Finance and Works and Housing for consideration and report.

The Committee met and considered the Agreement with the Minister for Water Resources, Works and Housing, Hon Alban Sumani Kingsford Bagbin, his Deputy, Hon Maj. (Dr) (Alhaji) Mustapha Ahmed (retd.), the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh, and technical teams from the Ministries of Finance and Economic Planning and Water Resources, Works and Housing and hereby present this Report.

2.0 Documents

The Committee, in its deliberations, made reference to the following documents:

i . The 1992 Consti tut ion of the Republic of Ghana;

i i . The Standing Orders of the House;

iii. The Off-Taker Agreement;

iv. The Joint Venture Agreement;

v. Loans Act, 1970 (Act 335);

3.0 Background

The Government on 9th December,

Pursuance to the Off-Taker Agreement, the Government of Ghana agreed to acquire ninety thousand (90,000) units of houses, representing 45 per cent of the housing project; thirty thousand (30,000) units out of the total 90,000 units are to be duty post accommodation for security agencies. 4.0 Purpose of the Agreement

The purpose of the Supplier's Credit Agreement is to provide funding for the construction of 30,000 housing units for the security agencies over a period of five years.

Terms and Conditions

The terms and conditions of the Agreement are as follows:

Total credit amount -- US $1,525,443,468 (including insurance premium)

Grace period -- 5 years

Repayment period -- 15 years (semi- annual pay- ments)

Maturity period -- 20 years

Interest rate -- 2% fixed per annum

Arrangement fee -- 0.75% flat

Management fee -- 0. 50% flat

Grant element -- 36.93%

Mr Speaker, the Committee noted that with a grace period of five (5) years and repayment period of fifteen (15) years, giving a maturity period of twenty (20) years, the debt sustainability ratio will not be substantially impacted.

5.0 Observations and recommendations

5.1 The Committee noted that STX Engineering and Construction Ghana Limited is the supplier of the credit facility. Further enquiries by the Committee confirmed that STX Business Group of Korea which owns 90 per cent of STX Ghana will make available the financing to STX Engineering and Construction Ghana Limited to execute the project.

5.2 The Committee was informed that Ghanaian contractors would be engaged in the construction of the housing units in all the ten regional capitals. In add

Debates of 3 Aug 2010

PRAYERS 11:30 a.m.

PRAYERS

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:30 a.m.

Mr First Deputy Speaker 11:30 a.m.

Mr Ambrose P. Dery 11:30 a.m.

Mr Gabriel K. Essilfie 11:30 a.m.

Mr Dery 11:30 a.m.

Mr First Deputy Speaker 11:30 a.m.

Mr Asamoah Ofosu 11:30 a.m.

Mr First Deputy Speaker 11:30 a.m.

Mr Dery 11:30 a.m.

Mr First Deputy Speaker 11:30 a.m.

Mr Ofosu 11:40 a.m.

Mr First Deputy Speaker 11:40 a.m.

Mr Ofosu 11:40 a.m.

Mr First Deputy Speaker 11:40 a.m.

Mr Ofosu 11:40 a.m.

Mr First Deputy Speaker 11:40 a.m.

Mr Ofosu 11:40 a.m.

Mr First Deputy Speaker 11:40 a.m.

Mr Cletus A. Avoka 11:40 a.m.

Mr First Deputy Speaker 11:40 a.m.

BUSINESS OF THE HOUSE 11:40 a.m.

Mr Speaker, the Committee accordingly submits its Report as follows 11:40 a.m.

BUSINESS OF THE HOUSE

Mr Speaker, the Committee accordingly submits its Report as follows 11:40 a.m.

Mrs Gifty E. Kusi 11:40 a.m.

Mr Abdul-Rashid Pelpuo 11:40 a.m.

Dr A. A. Osei 11:50 a.m.

Dr Matthew O. Prempeh 11:50 a.m.

Dr Matthew O. Prempeh 11:50 a.m.

Mr Charles S. Hodogbey 11:50 a.m.

Mr Dery 11:50 a.m.

Mr First Deputy Speaker 11:50 a.m.

Mr Jospeh Y. Chireh 11:50 a.m.

Dr Prempeh 11:50 a.m.

Dr Francis B. Dakurah 11:50 a.m.

Mr First Deputy Speaker 11:50 a.m.

Mr Avoka 11:50 a.m.

Mr Dery 11:50 a.m.

Mr Hackman Owusu-Agyemang noon

Mr First Deputy Speaker noon

Dr Prempeh noon

Mr First Deputy Speaker noon

Mr Inusah A. B. Fuseini noon

Mr Kyei-Mensah-Bonsu noon

Mr First Deputy Speaker noon

Mr Kyei-Mensah-Bonsu noon

Mr First Deputy Speaker noon

Mr Kyei-Mensah-Bonsu noon

Mr First Deputy Speaker noon

Mr Fuseini noon

Mr Owusu-Agyemang noon

Mr First Deputy Speaker noon

Mr Owusu-Agyemang noon

Mr Fuseini noon

Mr First Deputy Speaker noon

Mr Fuseini noon

Mr First Deputy Speaker 12:10 p.m.

Prof. Mike A. Oquaye 12:10 p.m.

Mr First Deputy Speaker 12:10 p.m.

Prof. Oquaye 12:10 p.m.

Mr First Deputy Speaker 12:10 p.m.

Prof. Oquaye 12:10 p.m.

Mr First Deputy Speaker 12:10 p.m.

Prof. Oquaye 12:10 p.m.

Mr First Deputy Speaker 12:20 p.m.

Mr Avoka 12:20 p.m.

Mr First Deputy Speaker 12:20 p.m.

Mr Avoka 12:20 p.m.

MOTIONS 12:20 p.m.

MOTIONS

Prof. Christopher Ameyaw-Akumfi (NPP - Techiman North) 12:20 p.m.

Mr Clement K. Humado (NDC - Anlo) 12:20 p.m.

RESOLUTION

RESOLUTION 12:30 p.m.

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey) 12:30 p.m.

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey) 12:30 p.m.

PRAYERS

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT

Mr First Deputy Speaker

Mr Ambrose P. Dery

Mr Gabriel K. Essilfie

Mr Dery

Mr First Deputy Speaker

Mr Asamoah Ofosu

Mr First Deputy Speaker

Mr Dery

Mr First Deputy Speaker

Mr Ofosu

Mr First Deputy Speaker

Mr Ofosu

Mr First Deputy Speaker

Mr Ofosu

Mr First Deputy Speaker

Mr Ofosu

Mr First Deputy Speaker

Mr Cletus A. Avoka

Mr First Deputy Speaker

BUSINESS OF THE HOUSE

Mr Speaker, the Committee accordingly submits its Report as follows

Mr Speaker, the Committee accordingly submits its Report as follows

Mrs Gifty E. Kusi

Mr Abdul-Rashid Pelpuo

Dr A. A. Osei

Dr Matthew O. Prempeh

Dr Matthew O. Prempeh

Mr Charles S. Hodogbey

Mr Dery

Mr First Deputy Speaker

Mr Jospeh Y. Chireh

Dr Prempeh

Dr Francis B. Dakurah

Mr First Deputy Speaker

Mr Avoka

Mr Dery

Mr Hackman Owusu-Agyemang

Mr First Deputy Speaker

Dr Prempeh

Mr First Deputy Speaker

Mr Inusah A. B. Fuseini

Mr Kyei-Mensah-Bonsu

Mr First Deputy Speaker

Mr Kyei-Mensah-Bonsu

Mr First Deputy Speaker

Mr Kyei-Mensah-Bonsu

Mr First Deputy Speaker

Mr Fuseini

Mr Owusu-Agyemang

Mr First Deputy Speaker

Mr Owusu-Agyemang

Mr Fuseini

Mr First Deputy Speaker

Mr Fuseini

Mr First Deputy Speaker

Prof. Mike A. Oquaye

Mr First Deputy Speaker

Prof. Oquaye

Mr First Deputy Speaker

Prof. Oquaye

Mr First Deputy Speaker

Prof. Oquaye

Mr First Deputy Speaker

Mr Avoka

Mr First Deputy Speaker

Mr Avoka

MOTIONS

Prof. Christopher Ameyaw-Akumfi (NPP - Techiman North)

Mr Clement K. Humado (NDC - Anlo)

RESOLUTION

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)

Alhaji Masoud B. Abdul-Rahman

Mr First Deputy Speaker