Mr Speaker, I thank you
very much.
Article 269 of the Constitution which the Hon Majority Leader and Leader of this House alluded to in the paragraph I have just read from the Hansard of 12th November, 2010 states as follows and with your permission, I quote:
“Subject to the provisions of this Constitution, Parliament shall, by or under an Act of Parliament, provide for the establishment, within six months after Parliament first meets after the coming into force of this Constitution, of a Minerals Commission, a Forestry Commission, Fisheries Commission and such other Commissions as Par l i ament may de te rmine , which shall be responsible for the regulation and management of the utilization of the natural resources concerned and the co-ordination of the policies in relation to them.”
Mr Speaker, the question whether
Parliament is interested in establishing our Oil and Gas Commission, now is beyond dispute because we have been told that by the Hon Majority Leader. It was at the committee level; the Hon Majority Leader has brought it into the House.
If you look at the Bill that we are
about to deal with, if we look at the Memorandum, it is called “Petroleum Revenue Management Bill”. When you look at the Memorandum, it says:
“The purpose of this Bill is to provide for a framework that will guide the efficient allocation, collection and management of petroleum revenue for the benefit of . . .”
and it goes on and on.
The second paragraph talks about the assignment of responsibilities from collection to final utilization.
Mr Speaker, with the greatest of respect, the key words in article 269 of the Constitution are “regulation, “management of utilization and co- ordination”. Those are the key words in article 269 of the Constitution. This Petroleum Revenue Management Bill also seeks to deal with utilization of the natural resource.
Mr Speaker, it is my humble submission
that if we have come to the conclusion that we need a Commission for this purpose, then that law must come first because that is the law that would influence us in passing other laws relating to petroleum.
I, therefore, pray that as at the committee level, good sense prevailed and we all agreed, after it was raised by some of us that the Bill establishing the Commission should be passed, I pray that even at this stage, it is not too late for us to do what is right.
The people of Ghana in 1992 voted in a referendum for a Constitution. In
that Constitution, they decided that the natural resources of this country must be managed, utilized, regulated, co-ordinated in a particular way by an independent Commission.
Mr Speaker, if you look at the
Constitution, there are independent constitutional bodies such as the Commission on Human Rights and Administrative Justice (CHRAJ) and so on. Then there is another level of independent bodies and that level of independence is the body such as the Lands Commission, et cetera. Mr Speaker, there is a history behind it.
The history is that in the constitutional development of our history, we had reached a stage in 1969 and subsequently, in 1979 and 1992, we decided that natural resources should be regulated by independent Commissions. If we have set up a Commission for Fisheries, if we have set up a Commission for Forestry, if we have set up a Commission for Minerals, why do we not want to, first of all, bring the Bill for a Commission for Oil and Gas and after which all other things would follow?
If Madam Speaker has ruled that even before we bring the Petroleum Revenue Management Bill, we should bring the Exploration and Production Bill and if the Committee and the Hon Majority Leader have alluded to it that before we bring the Petroleum Exploration and Production Bill, we shall deal with the Commission, then, Mr Speaker, it stands to reason that we are about to tread on very dangerous grounds and I urge you and this House to hold our horses while we bring the Commission's Bill.