Debates of 22 Dec 2010

MADAM SPEAKER
PRAYERS 11:30 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:30 a.m.
Madam Speaker 11:30 a.m.
Correction of Votes and Proceedings of Tuesday, 21 Decem- ber, 20l0.
Page 1 … 9 --
Mr Henry Ford Kamel 11:30 a.m.
Madam Speaker, sorry to bring you back. I was present in the House yesterday but I have been captured as being absent.
Madam Speaker 11:30 a.m.
Page what?
Mr Kamel 11:30 a.m.
On page 6, I have been captured on item 12 as being absent but I was present. So if that can be corrected.
Madam Speaker 11:30 a.m.
It will be corrected. We had already moved on to page 9.
Page 10 … 23.
Mr James K. Avedzi 11:30 a.m.
Madam Speaker, page 22, paragraph 48, yesterday, we approved the Motion on Other Govern- ment Obligations. This morning, we realized that on the Report, there is one figure which has a transposition. Therefore, even though it does not affect the total, I want to do that correction. That is the Report on the Other Government Obligations, page 2 - National Health Insurance Fund - the figure in the Report is GH¢477,627,730 but the correct figure should be GH¢477,672, not 27. So that correction should be effected by the Hansard Department in the Report.
Madam Speaker 11:30 a.m.
Yes, page 23 . .
. 25 --
Mr Joseph B. Aidoo 11:30 a.m.
Madam Speaker, I have about four corrections to make, starting from 23, the first paragraph, the second line, ‘Request' should be corrected
- 11:30 a.m.
Madam Speaker 11:30 a.m.
With a small ‘r'?
Mr J. B. Aidoo 11:30 a.m.
Madam Speaker, rightly so.
Mr J. B. Aidoo 11:30 a.m.
Then on page 24, paragraph 3, ‘In Attendance' - “Dr. Kwabena Duffour.” Madam Speaker, the “Duffour” should be spelt “Duffuor” and not “Duffour.” The same mistake occurs on pages 26 and 28 - all that are ‘In Attendance'.
Madam Speaker 11:30 a.m.
Yes, so that is the correct spelling of “Duffuor.”?
Madam Speaker 11:40 a.m.
So we move on to page 27, any other corrections?
Mr Simon E. Asimah 11:40 a.m.
Madam Speaker, on page 27, the Joint Committee on Finance and Works and Housing at yesterday's meeting, Hon Emmanuel Kwasi Bedzrah was present but his name was not captured under members who were present.
Madam Speaker 11:40 a.m.
Please, can you repeat it? I did not hear you.
Mr Isaac K. Asiamah 11:40 a.m.
Madam Speaker, on page 27, under the joint Committee on Finance and Works and Housing, Hon Emmanuel Kwasi Bedzrah was present at the meeting but his name was not captured.
Madam Speaker 11:40 a.m.
All right.
Page 28 . . . 30 -
Mr J. B. Aidoo 11:40 a.m.
Madam Speaker, on page 30, “Closing,” I want to believe that the Committee closed at 11.45 a.m. and not at 11.45 p.m.
Madam Speaker 11:40 a.m.
Is that so?
Mr J. B. Aidoo 11:40 a.m.
Madam Speaker, I
am not a member of the Committee but I want to believe so.
Mr Kwame Amporfo Twumasi 11:40 a.m.
Madam Speaker, I am a member of the Committee and I attended the meeting. We closed at 11.45 a.m.; we could not have stayed up to 11.45 p.m.
Madam Speaker 11:40 a.m.
Well, you cannot
tell but since you say that it was a.m. -
Mr Twumasi 11:40 a.m.
We started the meeting at 10.45 a.m. and closed at 11.45 a. m.
Madam Speaker 11:40 a.m.
Thank you.
Hon Members , the Votes and Proceedings of Tuesday, 21st December, 2010 as corrected, is adopted as the true record of proceedings.
We now move on to the Official Report of Thursday, 2nd December, 2010.

Hon Members, in the absence of any corrections, the Official Report of Thursday, 2nd December, 2010 is hereby adopted as the true record of proceedings.

Hon Leader, we move to item 3, which is the Business Statement.
BUSINESS OF THE HOUSE 11:40 a.m.
Majority Leader/Chairman of the Business Committee (Mr Cletus A. Avoka) 11:40 a.m.
Mr Speaker, the Committee met on Thursday, 16th December, 2010 and arranged Business of the House for the First Week of the First Meeting of the Third Session ending Friday, 28th January,
2011.
Madam Speaker, the Committee accor- dingly submits its report as follows 11:40 a.m.
Arrangement of Business
Question(s)
Madam 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.
Madam Speaker will recall that we had
suspended Question time virtually about two or three weeks ago to be able to finish the critical business of the House. I am happy to note that as soon as we come back from recess, the Question time will be relaunched for Hon Members to ask their critical Questions.
Statements
Madam Speaker may allow Statements duly admitted to be made in the House.
Bills, Papers and Reports
Madam Speaker, Bills may be pre- sented 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
Madam Speaker, Motions may be debated and their consequential Reso- lutions, if any, taken during the week.
Outstanding Business
Madam Speaker, all outstanding Business of the House would be carried over to the next Session. 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 but when they think that the Questions are still relevant, they can be retained.
Parliamentary Calendar
Mr Speaker, the Business Committee has prepared a proposed Parliamentary Calendar for the year 2011. Madam Speaker, this calendar has been attached to the Business Statement for the perusal of Hon Members.
Madam Speaker, we indicated at the Business Committee and have attached this that we will come back on the 25th of January, 2011 to commence business. However, the Business Committee agreed or recommended this date for your approval, having at the back of our minds
Madam Speaker, the Committee accor- dingly submits its report as follows 11:40 a.m.
that we would have been able to pass the Petroleum Revenue Management Bill by now, so that there will be no pressure on us when we come back on 25th of January,
2011.
We also thought that the Presidential Emoluments Committee which is an ad hoc Committee we have put in place, would have also been able to present its, including the Constitution Review Committee; these are outstanding matters that are before us. The Business Com- mittee thought that we would have completed these assignments before rising, so that we come back on 25th of January, 2011. But it is unfortunate that these matters are still pending, particularly the Petroleum Revenue Management Bill and the Presidential Emoluments Com- mittee.
Against this background, Madam Speaker, the Business Committee wants to alert Members that under the cir- cunstances, we may have to come back on the 18th of January, 2011. We are still in discussion and if at the end of the day, Leadership and the Business Committee confirm this one, we will let you know.
So tentatively, it is 25th of January, 2011. But as matters are before us, it may come to light that we may have to come back a week earlier. I am just saying this to sensitise Hon Members so that when they are drawing their programmes for the recess they may take note of this and arrange them.
Madam Speaker, the Business Com- mittee wishes to express its profound gratitude and appreciation to you and your two deputies, and all Hon Members and the Clerk and his staff for the energy and effort they put in place to enable us pass the Budget, particularly the Esti-mates for the MDAs and other Bills and matters that were arranged before the House during the period.
Madam Speaker, the Business

Committee wishes the entire House a Merry Christmas and a Prosperous New Year.

Meeting of the Committee on the Review of the Constitution

Madam Speaker, the Business Com- mittee wishes to inform Hon Members that the Committee on the Review of the 1992 Constitution is expected to meet during the second week of January, 2011. All Hon Members are accordingly reminded to submit their respective memoranda on amendments to the Constitution to the Committee for its consideration at the planned meeting.

Conclusion

Madam Speaker, in accordance with

Standing Order 160(2) and subject to Standing Order 53, the Committee submits to this Honourable House, the order in which the Business of the House shall be taken during the week.

Questions

Statements

Laying of Papers

Motions

Committee sittings.

Questions

Statements Laying of Papers Motions Committee sittings.

Thursday, 27th January 2011 Questions Laying of Papers Statements
SPACE FOR PARLIAMENTARY CALENDAR 11:40 a.m.
Mr Edward K. D. Adjaho 11:50 a.m.
Madam Speaker, I am very happy the Hon Majority Leader made reference to our input into the Presidential Committee on Emolu-ments.
Mr Avoka 11:50 a.m.
Madam Speaker, the sentiments expressed by the First Deputy Speaker are well founded but I think that the facts are there for everybody to see.
If you look at the composition of the Committee, it is made up of Hon John Tia Akologu, Hon E.T. Mensah, the Hon Minority Leader, Hon Dr Anthony A. Osei and then Hon P.C. Appiah-Ofori as a resource person. We took these Hon Members as committee members because of their institutional memory and the fact that for the past two or three Parliaments, they have been doing this work for and on behalf of this House. It is against this background that they were selected to be able to do this for and on our behalf, so that we will not be found wanting.
Madam Speaker, unfortunately, many of these Hon Members have been involved in very critical matters also before this House, particularly with the Budget. The Hon Minority Leader and Hon Dr Osei and then others have been involved in the Budget day by day.
They have also been involved in the Petroleum Revenue Management Bill, which is also critical before this House. That has brought about the delay in presenting the report, not to mention the fact that the two Ministers, Hon E.T. Mensah and Hon John Tia Akologu, because of their Executive functions, have also been overwhelmed by some of the work.
This morning we met and agreed. We have to present the report by the 4th of January. The committee has written to Madam Speaker and we have custody of the letter. So we have agreed in chambers that when we go on recess today, these Hon Members are going to stay back for at least, two days and prepare the report. Leadership and Madam Speaker will then look at it and they will present it to the Committee to beat the 4th January deadline.
If that happens, then it means that when we come back from recess, this report will be put before us to look at, so that we can know the contents of it so that whatever happens, we will get to know. If there is need for us to make an amendment in future to the Office of the President, we can do that before the President takes the final decision.
So by this intervention, I am seeking the mandate of Hon Members, so that when the committees are able to complete their work and submit to Madam Speaker and Leadership and we look at it, we can submit it to the Committee on or by 4th of January. Then when they come back and there are any concerns, we can send a supplementary report to them, so that we can beat the deadline.
We must apologise for the delay but it is because of the exigencies of the situation, that the Hon Members are also engaged in other matters that are very important for this august House, not that they have been available and idle and we have not
submitted the report on time; that is not the case.
Papa Owusu-Ankomah 11:50 a.m.
Madam Speaker, it would appear as if we are caught between a rock and a hard place. But I would urge the Hon Majority Leader that next time when we are constituting committees like this, we should also consider the schedule of the Hon Members who are supposed to serve on the committee.
I am wondering what meaningful
work can be done by these very busy Hon Members. It is not of their making that they are busy but the nature of their work would not even permit them to have sufficient time to do this work. So my suggestion is that even if it is not too late, we can get some Hon Members who can do it. They will consult them for their views. And certainly, making such a presentation without the prior input of Hon Members of the House is going to create a problem. These are matters that are indeed, extremely weighty matters.
I am sure there are some other Hon Members who are capable and willing to do this job. But since the Hon Majority Leader has given an undertaking that when we go on recess, they will take two days - two days; work of this magnitude! Of course, we will just consider this matter but such situations should not be repeated.
Mr Isaac K. Asiamah 11:50 a.m.
Madam Speaker, with all respect to the Hon Majority Leader, I believe his explanation is highly unacceptable by Hon Members of this House; I must admit.
Madam Speaker, we have always been saying that when it comes to matters that affect Hon Members of Parliament -- and the other time I raised this issue
- the way Leadership handles them, I am not comfortable at all, when it comes to welfare matters in particular.
We are being told that the committee is in place yet only Parliament has delayed in submitting our side of the story. Why should that happen? A committee has been put in place; if you are busy, you can always make sure that another Colleague Member of Parliament takes over and this one, it is so easy to do it.
Their busy schedules do not allow them and they want to still keep on, keep on, and at the end of the day, it is our destiny, our future that is being toyed with. What happened the last time? As if Hon Members of Parliament are thieves. As if Hon Members do not legitimately deserve what we deserve because of some of these inertia. So it is important that, at least, whatever Leadership handles with regard to our welfare, especially article 71 of the Constitution, which is such a contentious issue --
The people of this country are indeed waiting for the outcome of that Com- mittee's Report so it is important that we do due diligent work, we ensure that proper input is done to make sure that the outcome satisfies all of us. We can no longer wait for those on the committee to do their own things first before they take that one as a secondary matter, no. That is unacceptable. That one should be treated with all the urgency it deserves.
Mr David T. Assumeng 11:50 a.m.
Madam Speaker, in my opinion, there is no guarantee that this committee can use two days to do this work. So I am of the view that we should immediately reconstitute this committee for us to get Hon Members who are willing and available to do the work. So I am of the opinion that we should reconstitute this committee immediately.
Dr Matthew O. Prempeh noon
Madam Speaker, it is unfortunate that Leadership wants to do everything for us.
I know that there have been three reminders on article 71 of the Constitution. If the Hon Majority Leader will bear with us, this is something that the House Committee could have done. This is something that the House Committee could have co-opted other Hon Members to get involved in and at the end of the day, the Report will be brought to Leadership for onward transmission to Madam Speaker.
But if Leadership wants to be part of that committee, who is going to review the work of the committee for Madam Speaker to take it over?
So please, I appeal to Leadership (brother and brother), to look favourably unto Members of this House. Leadership should rest for other Members to do the work, so that they decide. For far too long, everything has been on Leadership. Delegate “small” and let us bring the report back to them and then you take it back to Madam Speaker.
Alhaj i Mohammed-Mubarak Muntaka: Madam Speaker, my Hon Colleagues have already emphasized on most of the points but I will just want to add and find out from the Majority Leader whether it is not possible to get three other Members to join. This is because Madam Speaker, if you look at the persons involved, the Minority Leader, Hon John Tia Akologu and Hon E. T. Mensah, these are all very busy persons. It is not because they have chosen to be very busy, but because their schedules make them very busy. I am afraid if we are not careful
and the deadline, 4th January passes, the impres-sion that is going to be created even to the Committee, would be a very disappointing one.
Madam Speaker, you would agree with me that when it comes to the article 71 beneficiaries, Parliament seems to be the weakest among all. And if we are at the weakest point, yet even our contributions and suggestions could not get there first, then I am sorry to say --
The Business Committee, like the Majority Leader said, is trying to reduce the recess; that we come back on the 18th, so that we can carry on with the work. Please, I know that everyone of us, the 230 and Madam Speaker, are very dedicated about the development of this country. But I do not think we can love others more than ourselves.
The best we can do is to love this country like ourselves but we cannot pretend to love it more than ourselves and we cannot continue to be under this deplorable situation, the kind of conditions we find ourselves in, the kind of name- calling that all of us are given, simply because the right things are not put in place.
Madam Speaker, I want to plead with Hon Majority Leader, that they should look at the possibility of getting some other Hon Members who could help, so that with the resource persons, like Hon P. C. Appiah-Ofori and the former Minister for Finance and Economic Planning, they could do the work and then show it to Leadership to use their experience to firm it, rather than to still look up to them and then come January, they are not able to make any headway. At the end of the day, it will look as if Parliament itself is not serious about its own emoluments.
Thank you very much, Madam Speaker, for the opportunity.
Madam Speaker noon
Well, this concerns Hon Members, I will take more.
Mr Kofi Frimpong noon
Madam Speaker, it looks as if we must listen to what the Majority Leader is talking about. Madam Speaker, we were all here when the list was brought to this House and we approved it. We knew we had Members like Hon John Tia Akologu and Hon E. T. Mensah names on the list, yet we approved. Madam Speaker, I think that the excuses given by the Leader must be heeded to and we must give them more time to work on it.
Madam Speaker, I think reconstituting the body will not help us and if we allow them to work harder, I think it will help us. They need to consult us; all that they need is to consult and not reconstitute. So we must listen to what the Hon Majority Leader is saying and maybe, by that, we shall be able to solve that problem.
rose
Madam Speaker noon
Hon Member, let me come in before you speak again.
Hon Members, I think, as you are aware, since June or July, we were written to send our proposals to the Presidential Committee on Emoluments (PCE). Then a committee was set up. And according to Hon Kofi Frimpong, it was set up by the House, and I have been asking because I have been prodded very often.
Now, this is the third letter and to show you the seriousness of the matter, I will only read some parts. The letter came yesterday and the important part that I will just read is that:
“. . . so far, Parliament is the only institution which is yet to make written submissions to the Com- mittee”.
This has disturbed me a bit. The two days the Leader has suggested, I do not know whether it will be sufficient. But I do not want to bell the cat all the time.
I think we need to take concrete steps to send our report by the 4th of January. It says that “this letter is an appeal to the Speaker to ensure that the PCE receives their submissions from Parliament by our next meeting scheduled for 4th January” and the last thing is that after 4th January, they hope to hear from us.
I have already written to the two reminders we got before this letter came to give us a little more time in view of our work.
So Leader, I think considering the urgency, you must tell us something.
Mr Avoka noon
Madam Speaker, as much as I appreciate the concerns of Members of this august House, let me correct certain perceptions and misrepresentations.
Madam Speaker noon
Order!
Mr Avoka noon
Madam Speaker, let me add -- Hon Colleagues, everybody has a turn to talk - [Interruption.]
Madam Speaker noon
Order! Let us hear the Majority Leader on this very important matter, please.
Mr Avoka noon
Madam Speaker, let me also add that the committee is not made up of Leadership.

Hon John Tia Akologu and E. T. Mensah are not part of Leadership of this august House. They are not. The Hon Minority Leader was not put there because he is a Leader. He was put there because of his knowledge on the subject and institutional memory. I am not a member, my deputy is not a Member, the Hon Ambrose Dery and Gifty Kusi are not members; so it is not a Leadership affair. Hon Osei Akoto was not put there because he is part of Leadership but because of his back-ground.

So I do not think it is fair to say that Leadership would want to do the work by themselves. We composed the committee in good faith, hoping that with the background of those Members, they will be able to submit diligent work and submit a report for us.

Madam Speaker, I have seen a copy of a document where Hon E. T. Mensah had done scouting of all Chief Executive Officers (CEO) in this country. Their salaries, emoluments and conditions of service, et cetera. We have that copy and it is against that background -- They have done a lot of work; it is just left unto them to fine-tune it and submit it to us. It is not that they are yet to begin to do the work.

So it is not prudent for us to talk about a new committee today. They will have to start doing this work for another month or two and we may not get the results. The committee that has done the work up to some few stages to complete, we should permit them and allow them to be able to complete the work and submit it by 4th of January. To talk about a new committee today, we would be putting our conditions under worse circumstances.

Mr Speaker, let me conclude by saying that the President is to receive this report, and it will take him a whole year or two years to come out with a report about our emoluments. It is not a matter that he will decide in January or February, 2011 about

our condition of service; it is not. So let me appeal to Hon Colleagues that it is not a lost case. It is not a dead matter. I think that the Committee will do diligent work and the results will be in our interest at the end of the day.

Thank you, Madam Speaker.
Madam Speaker noon
Is it an assurance, Hon Leader, that because they have done some work, we should allow them to finish and that we will get the report by the 4th of January, 2011? Because I need to reply to this matter. Even though it will take a year, we still must send our -
Mr Avoka noon
This is what I said at the beginning of my intervention. I said that we met you in chambers this morning and we agreed that during the recess the committee members will take some few days and then finalise the report for submission on or before the 4th of January, 2011. I had indicated that and that is the assurance that we have given to this august House.
Madam Speaker noon
Hon Members, I think the assurance has been given that on the 4th of January, 2011, we may get the report. But since Hon Tia Akologu is here, maybe, he will assure us too.
We hear you have almost finished?
Mr John T. Akologu noon
Madam Speaker, the Committee has done a lot of work and -- [Interruption.] Madam Speaker, I suppose that they want to listen to what has been done. We have done a lot of work. What is left is arriving at the levels and want to do so in the best interest of Members; we do not want to rush.
So as of now, the consultant we have, who is assisting the Committee has told us that by Friday, he would have finished working on those levels and then we will submit our report the following
week. Yes, we are a committee, we will submit our report to the Leadership and Leadership will decide what to do.
The committee was asked to make proposals, not to consult Members and make proposals. We will make proposals and they will bring them to the Members for discussion for their input -- period.
Madam Speaker noon
I think Hon Members, we are getting somewhere. Now, we are assured that we will get the report. We are supposed to submit the report by the 4th of January, 2011; so I hope the Leadership and the members of the committee will take note. There is so much to do between now and the 4th, sending the report to the Leaders, the Leaders bringing it to the Speaker and Speaker bringing it to the House. So we urge them --
rose
Madam Speaker noon
Hon Member, I hear you are a consultant? You are a member of the committee?
Dr A. A. Osei noon
Madam Speaker, I was not here when the discussions were going on but from the little that I have heard -- in fact, I was outside having a discussion with Hon John Tia Akologu on how far we have gone -- there are two consi-derations following what you read. If the Committee wants it by the 4th, my difficulty is how Members will get the chance to input. I am sure what Hon John T. Akologu said, we will try and meet in the next two days to make sure that that work is completed. What I am not sure about is, how do we get Members after we have submitted the proposals, to make some input before the 4th?
Madam Speaker noon
That is another matter because the House must also look
at it, the Committee of the Whole and then polish it and add --
Mr Avoka noon
Madam Speaker, I had earlier alluded to this. It is unfortunate the Hon Member has come in late. But I had earlier indicated that because of the time frame, if the committee completes its work it will submit it to your office and Leadership and we can look at it and forward. Then when Members come, they will also take it in January and if there are any amendments to make or supple- mentary report to add to it, we will do so, having regard to the deadline that they have given.
Let me assuage the anxiety of Mem- bers. The President is not going to take this report in January or February or March and come out and announce salary for Members of Parliament. No, it is going to take time, maybe, one year or two years -- it will take time, so we have to do some thorough work -
Madam Speaker noon
Any suggestions about how -
Dr A. A. Osei noon
Madam Speaker, I want to plead with the Majority Leader because of what he has just said; it may be useful not to send a preliminary proposal to allow input. My fear is that even with the best intentions, if you should send it, people might misconstrue it. So we may want to write to the Committee and get an extension, so that the House will have an input, then we know that the input is there. As you can see, with the best intentions, you may send proposals and somebody will say “we did not see them before” --
I am sure by the 4th, it would be ready. But Madam Speaker may want to advise the committee that Members would need to look at it when we come the first - We may want to come back earlier if that is the wish of the House; we may want to come back on the 18th instead of the 25th.
Mr Akologu noon
Madam Speaker, just to allay the fears of Hon Members, the practice has been that Parliament cannot hold back the President's committee's work. So the practice has been that we submit proposals and we have to go before the Committee at an appointed date to defend these proposals.
So there is an opportunity and we have done it before. We submit it to beat the deadline and later we discuss with the Members. If there are amendments to the proposals, when we appear before the Committee, we present them, that we want to make further amendments to our proposals and then they will pick them and we discuss.
This has been the practice. So there is an opportunity that when we resume in January, 2011, we would be able to meet Members, discuss what we have submitted to beat the deadline; we then take their input and go back.
And let me also make it clear; it is not the case that whatever we discuss here and put in our proposal, it will be taken; it is not the case. So do not let us just make it look like if you make the input, it is going to be carried. There is an opportunity for us to meet and take your input and go back and update the proposals.
Madam Speaker 12:20 p.m.
Hon Members, the letter was written to the Speaker and in replying, I need to know when the answer is to be expected because it says that “this letter is an appeal to you to ensure that the PCE receives the submission from
Parliament by our next meeting, scheduled for 4th”. Is this what you are saying that we could just send a proposal without discussion by the whole House? I need to know, so that when I reply, I will be in a position to state these matters because I am getting rather embarrassed.
Mr Akologu 12:20 p.m.
Madam Speaker, that is what I was just saying, that under the circumstances that we have found ourselves - it is not the first time we have found ourselves in this situation. I remember in 1998, when we submitted proposals, it was even at an emergency meeting of the committee that my Hon Leader and others had to be assembled to go and represent the House and then defended the proposal that was submitted.
So I am saying that certain things happened and that is why we could not complete our work early. But as of now, we have almost got there and by Friday, it would be ready to beat the deadline they have now given us.
I am saying that there is still an opportunity for us to meet Members and discuss. Because when they pick it, they have had other submissions, they would have to study our submission, call us to come and defend the submissions. So we would be able to present the report to them for their inputs and then when we get there, we would advance whatever new arguments we have before the Committee.
Madam Speaker 12:20 p.m.
So you are saying that by their next meeting on Tuesday the 4th of January, 2011, you will present your proposals?
Madam Speaker 12:20 p.m.
But that will be discussed and brought back again?
Mr Akologu 12:20 p.m.
Yes, Madam Speaker.
Madam Speaker 12:20 p.m.
Then I will be able to write because as it is, I do not know what to tell them.
Alhaji Muntaka 12:20 p.m.
Madam Speaker, I do not oppose in principle the method that has been suggested. But Madam Speaker, that is the essence of history. History must not be repeated.
Madam Speaker, he said that that is what they did. When they did it, we were all in this country when it became an issue, backbenchers, ordinary Members of Parliament, everyone was being called and everyone said that, “Oh, I was not aware” and it looked as though nothing was done.
I would want to plead that, yes, it is important that we are able to meet a deadline. But it is more important that we send whatever is going there as a House and you cannot get it as a House if that committee takes it and later says that the generality of the House would look at it.
Madam Speaker, I want you to be guided by the past experience which was just immediate because of the controversy that it raised. I would want to plead that we write back to the Committee telling them that, unfortunately, we are still pleading for time so that if it is possible for us to come on the 18th January, 2011 , on that very 18th January, let Members have a glance at it, let the inputs be put in, then we go.
So that whatever happens, all of us would be collectively held responsible. Not to say, a committee takes it, because that was what happened the last time and then when it became an issue, everybody was saying that he did not know and it looked like those who did the good work, did it with bad intention. So I think that we need to look at that, having in mind what happened in the past.
Mr Akologu 12:20 p.m.
Madam Speaker, I do not know the last time he is talking
about. But if I remember that there was any problem about the Executive fixing the conditions of service of Members, if it is that one he is referring to, that was a different matter. What I am talking about is the presentation of our proposals. What happened the last time was the Executive presentation, not Members front.
Madam Speaker 12:20 p.m.
Yes, all right.
Mr Akologu 12:20 p.m.
So Madam Speaker, I think that he may rest assured that the committee members themselves are beneficiaries of the work they are doing, so we would not do anything to our disadvantage.
rose rose
Madam Speaker 12:20 p.m.
Yes, I thought Hon Bagbin got up?
Papa Owusu-Ankomah 12:20 p.m.
Madam Speaker, I thought this matter had been discussed at length. Madam Speaker, I am sure by this time you would have had the sense of the House. I am hoping that probably, Leadership and your goodself would put your heads together and then resolve this matter. This is because if we go on like this --
Madam Speaker 12:20 p.m.
Well, history is supposed to teach us but it does not teach us. So I would like to do the right thing, so that Members get the benefit of our proposals and we do not rush it. And that I am on sure grounds when I write to say that either “give us more time or it would be presented”. That is why I am sort of delaying and - Yes, last one.
Mr Hackman Owusu-Agyemang 12:20 p.m.
Madam Speaker, I believe we can terminate it here. Actually, this issue should have been done in a Closed Sitting.
Madam Speaker 12:20 p.m.
Well, we have not
done or said anything that needs to be in a Closed Sitting. We are talking about time. Are we not?
Mr Owusu-Agyemang 12:20 p.m.
Madam Speaker, I would have preferred a Closed Sitting but -
Madam Speaker 12:20 p.m.
Do you have time for a Closed Sitting? I doubt -
Mr Owusu-Agyemang 12:20 p.m.
Otherwise, people would misconstrue it all over the place and it is not the best of things.
Madam Speaker 12:20 p.m.
Well, Hon Member, since it was raised when the Business Statement was read, we had to air it and receive the input of Members. But I do take the hint and I will hear lastly from the Leader and then we can move on.
Mr Avoka 12:20 p.m.
Madam Speaker, my understanding of the issue is that the road map is that the committee will finalise their work before the 4th January, 2011 and submit the report to Madam Speaker, and then Madam Speaker and Leadership would look at it and forward it to the committee. Then when we come back from recess, we would meet to look at the report before our team goes to do the defence of the submission to them. At that time, we would have taken the concerns from Hon Members who would have been privy to the document by then. I think that is the road map to it.
On that note, I thank Hon Members for the discussion and the concerns they have shared. Rest assured that everything is being done in the supreme interest of Members of this august House.
Madam Speaker 12:20 p.m.
Yes, I thank you. Now, I have been educated and I know how to write a reply to that letter.
Yes, any more contributions on the Business Statement?
Hon Leader, we have to adopt it and if somebody has anything to say about the Business Statement, it is my duty to listen. If not, then I will say that it is adopted.
Now Hon Members, we move to the Commencement of Public Business and item 5.
PAPERS 12:20 p.m.
Madam Speaker 12:20 p.m.
Yes Leader, which Committee would I refer this to?
Mr Avoka 12:20 p.m.
Madam Speaker, ordinarily, this matter would have to be referred to a committee of this House to look at. It appears there is no precedent as far as this subject matter is concerned.
This is in connection with article 36(5) of the 1992 Constitution and Madam Speaker, I beg to quote:
“For the purposes of the foregoing clauses of this article, within two years after assuming office, the President shall present to Parlia- ment a co-ordinated pro-gramme of economic and social development policies, including agricultural and industrial pro-grammes at all levels and in all the regions of Ghana.”
So the President has complied with the provisions of article 36(5) of the Constitution and has presented that document to this august House. It is the document that we are laying today.
Now, there is no practice as to how
Prof George Yaw Gyan-Baffour 12:20 p.m.
Madam Speaker, I think my Hon Leader is saying that there has not been a precedent but there has been a precedent. In fact, in 2002, it was submitted to this House. So this is not the first time -- [Interruptions] - Not the GPRS, the co-ordinated programme was submitted to this House in 2002, just two years into the government of the previous Admi- nistration. So there has been precedent.
Maybe - [Interruption] -- it was presented here and I know this because I virtually prepared that document. So I came here - Dr Nduom presented it on behalf of the Government. So there should be no saying that there is no precedent. There is. I was sitting here when he did -- [Interruptions] - Yes! I was here. I sat here and he presented it. So maybe, we have forgotten; we have to refresh our memory. But we have submitted it before.
Mr Alban S. K. Bagbin 12:30 p.m.
Madam
Speaker, copies of a co-ordinated programme titled 2003 to 2012 was brought to the Clerk's Office. But it was not laid in the House. They were brought; I myself saw copies there; we insisted that they should be laid; they were not laid and therefore, when you are talking about it nationally, people do not know about the existence of that document. But I had to take a copy and I have shown that copy to people; there was that document but it was not laid in Parliament.
Madam Speaker 12:30 p.m.
And the article did not say that it has to be put before Parliament? Yes, Hon Bagbin, the article said it should be put before Parliament; does it not suggest that it should have been laid? Even if that was not done -
Mr Bagbin 12:30 p.m.
Madam Speaker, as a House, we still need to do a lot for people to understand when official documents become the property of Parliament. They would only become the property of Parliament when they are laid in Parliament. But when they bring documents - Many, many Ministries, Departments and Agencies (MDAs), they just bring documents to the Office of the Clerk.
If it is not arranged as part of the business of this House and laid in the House, it is not a document for Parliament. And that is a big problem; it is really a challenge because you need to have the Business Committee linking up properly with the Clerk's Office to make sure that all documents brought to the House are properly laid in the House.
So sometimes, we even have reports of agencies that are at the reading room and they are not laid, and we had, sometime ago, the Auditor-General's Reports, plenty of them piled down there; they were not laid and they were not the property of the House. It is when they are laid that they become property of the House. So that document was actually done; I have read it myself, but it was not laid on the floor of the House.
Madam Speaker 12:30 p.m.
That is why the Leader is proposing how to lay it.
Mr Avoka 12:30 p.m.
I also recall that I was in this august House in 2003 and I do not remember the document that the Hon Member for Wenchi is referring to, being laid and debated in this House or referred to an appropriate committee. If
Madam Speaker 12:30 p.m.
What I want to know is that, once it says it should be laid before Parliament, then does it mean that it has to go through committees, reports and debated, or just to inform Members?
Mr Osei Kyei-Mensah-Bonsu 12:30 p.m.
Madam Speaker, I do recollect that such a document came to Parliament. What I do not recollect entirely is whether or not it was referred to a committee. I should think that maybe, it was laid just for the information of Parliament. But I am not too sure of it; I know that it came to Parliament. What I do not recollect is what happened to the document after it came to Parliament.
But I think the Hon Minister for Water Resources, Works and Housing is correct. We need to really determine for ourselves when a document is deemed to be in Parliament.
Madam Speaker, the Minister would recollect that in 1998, the Hon J. H. Mensah, as the then Minority Leader, referred us to the constitutional provision relating to when the estimates should be laid in Parliament. The then Speaker, Justice Annan said that, yes, he had taken custody of the Budget document and that it should be deemed to be in Parliament and that Parliament had custody of it.
We disagreed but he ruled that once he had it, he had it on behalf of Parliament. That is why I am saying that it is important for us to determine when a document is to be considered to be before Parliament. Some of us believe that it can only be so deemed after it has been laid. I believe that that is when it can be considered to be in Parliament, in particular, since in our case, the Speaker is not a Member of Parliament, he is not a Member of the House, of the Chamber -
Madam Speaker 12:30 p.m.
But I am repre- senting the House.
Mr Kyei-Mensah-Bonsu 12:30 p.m.
If he or she takes possession -
Madam Speaker 12:30 p.m.
Does the Speaker not represent the House?
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Precisely. Madam Speaker, this was the inter- pretation given by Justice Annan, that because he heads the Legislature as an institution, once he takes possession of it, it should be deemed that Parliament is in possession of the document. As I said, some of us disagreed and I believe that I still disagree. When it is laid, then it is deemed to be before the House.
Now, as to what happens to it, I think that because it is going to inform the business and indeed, the policy direction relating to all MDAs, Parliament should take possession of it and have it referred to the appropriate committee for it to inform the House our own opinion about it. We can debate it and then it becomes part of the discourse in this House.
So I would want to go along the way the Majority Leader is proposing, that we have a special committee to have a look at it and then report back to plenary.
Mr Avoka 12:30 p.m.
Madam Speaker, on the strength of this understanding, I think that we all appreciate that our Standing Orders do not address all issues. Fortunately, we are in the process of reviewing them and I hope that we can take account of some of these grey areas that have not been provided for.
Consequently, Madam Speaker, it is against this understanding that Leader- ship has made the following proposals for Hon Members' consideration as the special committee that would handle this aspect. We believe that the following committees will nominate two members, maybe, Chairman and Ranking Member or whatever they would come up with:
1. Committee on Finance - Two Members
2. Committee on Food and Agriculture - Two Members
3. Committee on Trade and Industry - Two Members
4. Poverty Reduction Committee - Two Members
5. Leadership - Two Members 6. Speakership - One Member
7. Women Represen- tation - Two Members
8. Two other Members.
Madam Speaker, we have said that two other Members because it is possible that there are some people you might tap their experience and knowledge who may not have been either committee Chairmen or Ranking Members and therefore, be
nominated to serve on this committee. If we agree to this composition, then we would have a 15-member ad hoc committee or special committee to look at article 36(5).
Sometimes, when you put an unwieldy committee, with too large a membership, you have problems of people attending and forming quorum. And sometimes when the committee is little -- the membership is too few, we may have such similar problems. So we have proposed a 15-member committee to handle this aspect and report to the House subse- quently for discussion in this august House.
Thank you, Madam Speaker.
Madam Speaker 12:40 p.m.
Yes, I need to know whether it is a new policy or it is a new procedure that has to be followed in the House. My difficulty in asking this is that, the report is given two years after my assuming office. And what good would a report and a debate do, two years after what has already been done? So I need to be assured because I have to agree to refer it to a committee. Once I do that, it follows that the committee's report would come here and then we debate it.
Or is it that we lay it before the House so that Parliament takes possession and then we leave it at that? Yes, I want the best practice, so that even if it is not there, we would -
Dr A. A. Osei 12:40 p.m.
Madam Speaker, it is not a report. It is a co-ordinated programme of economic and social development policies; like a plan. So it would be important that all of us -
Madam Speaker 12:40 p.m.
So you are saying it affects the future -
Dr A. A. Osei 12:40 p.m.
Precisely, precisely. So we should be able to debate it.
Madam Speaker 12:40 p.m.
Yes, you have answered the question which I posed.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Madam Speaker, first of all, it is not after two years after assumption of office. It is within two years -
Madam Speaker 12:40 p.m.
Within two years, yes.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Which means that from the very first day of the swearing-in of the President, he should be thinking about that. The whole idea, as far as my understanding is concerned, is that this is to provide us with some kind of framework, a plan - if you like - a medium-term plan of government.
Madam Speaker, we are having to
constitute this special committee because in my view, we should as a Parliament have set up a committee responsible for national development. In many juris- dictions, they have committees of Finance which are detached from committees on Economic Development or National Development. If we had one, then we could have referred this one to them. Unfortunately, we do not have. Maybe, we have to be working towards that. I think it was just to correct this deficiency that we formed the Committee on Poverty Reduction.
But in constituting the Poverty Reduction Committee, then of course, we ought to have taken into consideration the competences of Hon Members to deal with issues relating to national develop- ment which is all-encapsulating. Unfor- tunately, that consideration did not go into constituting the committee, which is what
the Hon Majority Leader is proffering that, let us constitute a special committee to deal with this.
But clearly aware of this deficiency, we must constitute such a committee in particular, when we have come to the determination that we should elevate the National Development Planning Com- mission to a new level devoid of partisan considerations and partisan colouration.
Madam Speaker, if we do that, then we would be moving the development agenda of this country forward, much more than we have so far been able to achieve.
Mr Avoka 12:40 p.m.
Madam Speaker, another aspect of looking at this is that, the framers of the Constitution would have thought or taken into consideration, the fact that the President has a four-year mandate and they did not want to stampede him by saying that within the first three or six months, he should come out with this co- ordinated plan. That is why they gave him the opportunity that within two years, he should be able to bring a co-ordinated plan for the development of the country for the four year that he has a mandate.
So in my humble view, this programme that he is putting before us is not limited to the past few years or the first two years of his administration. But I think that it covers the four-year mandate that he has. In that case, it is an ongoing process. So he is giving us a guideline as to how he is going to develop the country in this perspective for the four-year mandate that he has. So it is a continued process and not a past event.
Madam Speaker 12:40 p.m.
Wel l , l as t contribution.
Alhaji Muntaka 12:40 p.m.
Madam Speaker, even though I am not very experienced like
most of my Senior Colleagues who have already spoken, but following from outside Parliament, in 1995 there was a laying of the Vision 2020; then it was referred to the Committee on Constitutional, Legal and Parliamentary Affairs.
But Madam Speaker, when we established the Poverty Reduction Committee, since 2005, all reports from the National Development Planning Com- mission, especially the Poverty Reduction Strategy, the Annual Progress Report Madam Speaker, you have always referred these Reports to the Poverty Reduction Committee.
I perfectly agree with the Hon Minority Leader that like other jurisdictions, we need to have a development planning committee or a national development committee here. But now that we do not have and looking at what we have already been doing with the Annual Progress Report of the GPRS, both I and II, I would want to suggest that this Report needs to be sent to the Poverty Reduction Committee while we wait to establish a development planning committee, rather than pick Members across and try to go there and try to get a Chairman, then present a report.
I think the easiest way for now is that once we have the Poverty Reduction Committee, which has always dealt with the Annual Progress Report coming from the National Development Planning Commission and this document is also coming from the National Development Planning Commission, Madam Speaker, I would humbly believe that we need to refer this document to the Poverty Reduction Committee while we wait to have a national development committee.
Mr Bagbin 12:40 p.m.
Madam Speaker, just to add that if the House is minded to
establishing a special committee, then it should be done in accordance with our Standing Orders, which is Order 191 -
“The House may at any time by motion appoint Special or Ad Hoc Committee to investigate any matter of public importance; to consider any Bill that does not come under the jurisdiction of any of the Standing or Select Committees.”
Now, if we are saying this and it is true, this document is of national importance and that is so. And we want to establish a special committee, then we must come by a Motion in which the composition of the committee would be spelt out and specific terms of reference to the committee. So that the House could debate that and the committee would be appointed, clearly knowing what they are asked to do and they would now submit their report accordingly.
Now, we cannot, as my Colleague, the Hon Majority Leader is doing, just mention the names in the course of another Motion and want Madam Speaker to refer the document to that committee. There is no committee like that in existence. It must first be created to be in existence before you can refer the matter to the committee.
But I believe that in the meantime, the Poverty Reduction Committee could be given the opportunity and any member is at liberty to attend the meetings of the Poverty Reduction Committee and contribute to improve the quality of the Report. That is permitted. And I think that as stated, in 1995, it was the Committee on Constitutional, Legal and Parliamentary Affairs that looked at Vision 2020, the first step. That was what happened.
Madam Speaker 12:40 p.m.
Yes, let us have the last word from you, then I will -
Papa Owusu-Ankomah 12:50 p.m.
Madam
Speaker, there is really no urgency in this matter. So while I agree with the Hon Minister for Water Resources, Works and Housing and Member of Parliament for Nadowli North, I believe that the committee could be constituted through the normal consultation process between the Leadership and then at the very first Sitting of the next Session, a Motion is moved, so that we deal with this matter comprehensively and have a committee that can meaningfully report to the House on this matter.
Madam Speaker 12:50 p.m.
Yes, thank you.
First of all, you say there is no urgency. I disagree with you because the Constitution says “within the two years”, this must be done. And that is why I think it must be done; this is the right day to do it. So, that makes it, in my opinion quite urgent.
About the second proposal that we appoint anything today and then when we come back, we do the proper thing which is specified in Standing Order 191. If we are going to properly appoint a committee, it will be a committee that will be used next year and the next time a new government is in power, because I have been told that it applies to the whole four years, you bring it once within two years. So, are we saying that every four years, we will appoint another committee?
So, we have to have a standing sort of committee and if it is laid, the question is, which committee will we refer it to? And that is why the Leader has proposed a special committee. But my difficulty is, like Hon Bagbin said, Standing Order 191 talks about special or ad hoc committee and how it is to be set up. But this is not the way it is to be set up.
Papa Owusu-Ankomah 12:50 p.m.
Madam Speaker, I agree. Yes, we are not setting it up now. I will take it that the Hon Majority Leader just gave an indication that this matter should be referred to a special committee with such a composition. And the committee will be set up by Motion at the next Sitting of the House.
While talking about the review of the Standing Orders, the Standing Orders have been under review for the past six years. So we should be always talking about when we complete the review of the Standing Orders. We have been reviewing the Standing Orders for the past six years. This year, we have met once, nothing has happened and then we always come and say that we are reviewing the Standing Orders.
Madam Speaker 12:50 p.m.
Never mind, if it is three years, it has passed through the hands of three Speakers, obviously.
Papa Owusu-Ankomah 12:50 p.m.
Yes, and now it is in your bosom. [Laughter.]
Madam Speaker 12:50 p.m.
It is in my hands; we shall see. [Laughter.] Thank you.
So, then the special committee is what you announced?
Mr Avoka 12:50 p.m.
Madam Speaker, let me say that I think that it is because of the constitutional provision of “within two years”, so, now that it has been laid, it is properly before the House. Then when we come back after the recess, we can advise ourselves on what to do because Standing Order 191 has its limitations as well, bordering on this matter. So, when we come back, we will advise ourselves but we want to take note that the President has met the obligations of the Consti- tution under article 36(5).
Madam Speaker 12:50 p.m.
Well, if you say I should say so, what should I say? That it has been laid or that --
Mr Avoka 12:50 p.m.
Madam Speaker, it has been laid and referred for consideration.
Prof Gyan-Baffour 12:50 p.m.
Madam Speaker, the view, maybe, of what I hear around here is that, it is going to be a one-term affair over a four-year period. Madam Speaker, that is not so. This is a plan that is going to be developed for the country and the plan will be implemented over that period of time, this one, up to 2016. Any action, any activity, any report that emanates from the implementation of that plan has to be referred to Parliament. And that committee should be the one to be in charge of it.
So, it is not going be an ad hoc committee that meets once in every four years but they will be meeting almost every quarter or less than even a quarter. And again, when we look at our committee systems here, there is always a vacuum created.
The Committee on Finance, when it comes to economic policy, we always refer it to that Committee, which is not actually an economic policy committee. So creating such a committee that will be in charge of the policy, the co-ordinated programmes for the government or the economic policy or social policy will enable us have a committee that will really look at the economic aspect of develop- ment, not the finances.
But that is why we are always having problems, with Hon Members saying that certain referrals be made jointly, a joint between Finance and that committee and all sort of things. If we had that committee, that will be resolved. So I do not think it is going to be a committee that will meet only once.
Thank you, Madam Speaker.
Mr Bagbin 12:50 p.m.
Madam Speaker, I think it is improper for the document just to be
laid without being referred to a committee. I believe as stated earlier, the Poverty Reduction Committee is better placed to handle this matter.
As the Hon Minority Leader stated, that committee was established in reaction to an attempt to compose a national development committee. At that time, the co-ordinated programme of economic and social development policies were focused on poverty reduction and that is why we established a Poverty Reduction Com-mittee.
So, that Committee was actually performing the functions of the National Development Committee which was absent in the House. So, in the interim, I believe once this is laid, the proper committee to be referred to is the Poverty Reduction Committee. Until we establish another committee to take over, that is the proper committee. It cannot be laid in the House and not referred to any committee for them to work on. Because we expect some people to have time to focus on it and report for us to be better informed about the contents, the direction of that document.
So, I would want to urge Madam Speaker not just to let it be laid but to refer it to the Poverty Reduction Com-mittee.
Madam Speaker 12:50 p.m.
Yes, that is the suggestion before the House. I found it difficult just to say it has been laid and not refer it to any committee. I was just going to suggest that if that was what is to be done, we should withdraw it now and lay it when we have set up the committee. But if there is a committee, that can in the interim do some justice to the Paper, why do we not go there now and then later on, when we come back, set up that committee under Standing Order 191?
What do you think Hon Majority Leader?
Mr Avoka 12:50 p.m.
Madam Speaker, while

I appreciate what you have said, I had earlier indicated that the Constitution provides that within two years of the President assuming office, he should do this. So, we cannot withdraw it and bring it back next year because we would have gone beyond the Constitutional mandate or remit.

So, I have no objections to - even though I do not agree entirely with the submission by the Hon Minister for Water Resources, Works and Housing because I think that the document is inter- disciplinary, it does not relate to only one sector. But for the time being, we can refer it to that Committee and when we come back, then we compose the relevant committee that will cut across these sectors and then appropriately handle this matter, rather than withdraw it and come back. We would have been sinning against the provision of the Constitution and I think that -
Madam Speaker 12:50 p.m.
I was not saying you should withdraw it. I was just saying that if I did not refer it to a committee, then what would I be saying? And that is why I am spending time in finding the right solution. The suggestion made by the Member seems to me -
Mr Avoka 12:50 p.m.
Madam Speaker, I have no objection. I think that for the meantime, we can refer it to the Poverty Reduction Committee and then hold on and see.
Madam Speaker 12:50 p.m.
We are spending too much time.
Yes, Hon E. T. Mensah.
Mr E. T. Mensah 12:50 p.m.
Madam Speaker, I support the suggestion and just want to add that poverty reduction is not about one sector, it is cross-sectoral. So, it is appropriate that it is being referred to that committee.
I thank you.
Madam Speaker 12:50 p.m.
I do not know
whether I have to put the Question.
l.00 p.m.
Mr Kyei Mensa-Bonsu 12:50 p.m.
Madam Speaker, if we have to avoid the situation where we have to craft a new Motion to give this assignment to this new or special committee, then perhaps, we can refer it to the Poverty Reduction Committee.
Now, when we come back and have the committee on national development positioned in our amended Standing Orders, we can then say that the task before the Poverty Reduction Committee would then be given to that new committee and the Poverty Reduction Committee will then stand dissolved. I believe they will be doing the same thing. So I believe that will be the way to go about that.
Madam Speaker 12:50 p.m.
But if the Poverty Reduction Committee is going to do the same thing as the proposed special committee, then why would you want to dissolve it? Then it should handle that matter and the composition should be of the list that was provided. So shall I take it that I should refer it to the Poverty Reduction Committee for now and leave it there?
An Hon Member 12:50 p.m.
Yes.
Madam Speaker 12:50 p.m.
All right. Leader,
we assume that thereafter, the proper committee will be set up.
Referred to the Poverty Reduction Committee.
Leader, can we now move on, to clause 5 (b)?
Mr Avoka 12:50 p.m.
That is so, Madam Speaker.
By the Chairman of the Committee
Report of the Finance Committee on the Loan Agreement between
the Government of Ghana and Dexia Bank Belgium SA/NV for an amount of R10,006,174.40 for the partial financing of phase 1 of a turnkey construction of a drinking water facility for the city of Nsawam and the region north of the capital, Accra.
By the Chairman of the Committee --
Report of the Finance Committee on the request for waiver of tax and duties amounting to twenty-two million, one hundred and nineteen thousand, six hundred and eighty- four United States dollars (US$ 22,119,684.00) on materials and equipment to be imported for the implementation of the Anglogold Ashanti (Ghana) Malaria Control Project in the three northern regions.
By the Chairman of the Committee --
Report of the Finance Committee on the Appropriation Bill, 2011.
Papa Owusu-Ankomah 12:50 p.m.
Madam Speaker, I am very sorry, probably, this may not be the appropriate time to raise this matter but it is so important.
There is this Report on the University of Ghana Act that was laid. We are supposed to debate that Report and take certain decisions. So I will urge the Chairman of the Business Commttee and that Committee to organize themselves, so that there is an addendum to the Order Paper to enable us debate this matter and take a decision thereon.
Madam Speaker 12:50 p.m.
Yes, Hon Majority Leader, I think this matter was raised and an undertaking was given that it will be presented - the Motion will be presented.
Mr Avoka 12:50 p.m.
Yes, Madam Speaker. But given the exigency of the situation, the type of business we have, it is not a priority for us to debate it now when we do not have much time. We will debate it when we come back. It is not a secret or any document that borders on financial matters for the country. We will look at it, we have presented the Report, and it is in everybody's domain. As soon as we come back, we will programme it for debate.
But my Hon Colleague will appreciate the fact that given the time constraints that we have, we should prioritise and we have just done that . We will take it on in due course, not today.
Madam Speaker 12:50 p.m.
Well, I agree with you but not that it is not important. I agree with you that, maybe, it is due to constraints of time and the period left. But that it is not important. I think it is important. Everything is important. Hon Papa Owusu-Ankomah, once again, we have the assurance that the Motion will be brought as soon as we resume.
Yes, Hon Majority Leader, what is the next item?
Mr Avoka 12:50 p.m.
Madam Speaker, with your kind permission, we will take the Internal Revenue Amendment Bill. There was one clause that we stood down yesterday to be taken this morning or today and I think that we can complete that one before we go to any other Motion.
Thank you.
Madam Speaker 12:50 p.m.
Hon Members know that we have to pass the Appropriation Bill today. So I hope you will all be here.
The Chair will be taken for this section by the First Deputy Speaker.
1.06 P.M -- MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 12:50 p.m.
Hon Majority Leader, item 6 - is it item 6? It
Mr Avoka 12:50 p.m.
Yes. There was one clause that we stood down to be taken today. So subject to your discretion --
Mr First Deputy Speaker 12:50 p.m.
Internal Revenue Bill at the Consideration Stage -- [Pause.]
Hon Members, yesterday, we deferred a decision on clause 1 of the Internal Revenue Amendment Bill and in particular with reference to subclause (6) (a). We have an amendment. The first amendment is in the name of the Hon Member for Nsuta/Kwamang/Beposo.
BILLS -- CONSIDERATION 12:50 p.m.
STAGE 12:50 p.m.
  • [Resumption of Debate from 21-12- 10.]
    • Mr Kwame Osei-Prempeh 12:50 p.m.
    Mr Speaker, yesterday, my understanding was that we were deferring it so that we could consult but nobody has shown me anything neither from the Leadership, the Committee nor from the Ministers who were there. So I do not know what the status is now. I thought they would let us consult and come to an agreement but that has not been done.
    Mr First Deputy Speaker 1:10 p.m.
    Chairman of the Committee, have you done any consultation with the Member who moved the amendment yesterday? When he raised the issue, we all agreed that with a bit of consultation, the matter could be resolved.
    Mr James K. Avedzi 1:10 p.m.
    Mr Speaker, we did not do any consultation; we closed late yesterday. And this morning too, the Committee has to meet again on the Appropriation Bill. So we could not do that consultation. But I saw a further amendment being proposed by Hon Boafo,
    and then another one being proposed by Hon Alfred Agbesi. So, probably, we can take them.
    Mr First Deputy Speaker 1:10 p.m.
    The
    principle is that we just want to introduce sanctity into the law. That is all the principle, that is the mischief we want to cure.
    Dr A. A. Osei 1:10 p.m.
    Mr Speaker, I think we should endeavour to consult and move on. This is because if we were supposed to consult and did not, and we start getting new amendments, it will introduce a new dimension. So, I think those people who are involved with this should consult and come back, so that we can move on.
    Mr Bagbin 1:10 p.m.
    Mr Speaker, I support the move to amend the clause to reflect what is measurable or a definition that can be implemented. And Mr Speaker, the terminology we used in the new housing policy is “affordable housing units”. And that is defined to mean the use of one-third. I should say, thirty per cent of the annual income of a person or a family, that is defined in terms of rental and in terms of purchases.
    So, if we amend it into that phra- seology, then there can be another amendment giving the authority to the Ministry to come by an Instrument to this House as to how that should be implemented. I think with those kind of corrective measures -
    Mr First Deputy Speaker 1:10 p.m.
    I saw you speaking to the Hon Member for Nsuta/ Kwamang/Beposo?
    Mr Bagbin 1:10 p.m.
    That is so. I was just consulting him on that and he believes that that is the best way to go and he has given his consent. But he is available to add his voice to that.
    Mr Osei-Prempeh 1:10 p.m.
    Mr Speaker, may
    I ask that we still defer, so that we consult. Because he just told me about what he said and I said well, it makes sense but we need to - let us have little time -
    Mr First Deputy Speaker 1:10 p.m.
    Hon Members, I will defer it for a few minutes. Today, as much as possible, we have to rise early. I will defer it so that you can do your consultation and come back.
    Papa Owusu-Ankomah 1:10 p.m.
    Mr Speaker,
    I believe that you are right in deferring this for further consultation. Really, I will think that even in pursuit of the further consultation, the draftsperson of Govern-ment is invited, so that they assist this House when we are talking about Legislative Instruments. This is an amendment to an existing Act. So if we are talking about a Legislative Instrument, then the Legislative Instrument should emanate from a power granted to the Minister responsible for that Act to implement it.
    So, the principle is good but for us to have a very good amendment that will conform to the drafting and the laws of this country, I believe that the Government should invite the Hon Attorney-General and Minister for Justice, so that when we crystalise our ideas, the formulation will be professionally done.
    Mr Speaker, sometimes when we talk about these matters, Hon Members think that one is being too fast. This is in respect of a very important Government policy emanating from the Budget. There is the need to do critical homework when it comes to these matters.
    Mr Joe Ghartey 1:10 p.m.
    Mr Speaker, while I share your view and the view of my Hon Colleague and Member for Nsuta/ Kwamang/Beposo (Mr Kwame Osei- Prempeh) and Papa Owusu-Ankomah, as
    they are consulting, I just want to draw their attention to two matters for them to take them on board in their consultation.
    Mr Speaker, the first matter is article 296 of the Constitution, and I will not read it out but it talks about discretionary power. And in effect, what is happening is that the Hon Minister is going to be given some discretion to decide whether or not a particular project is of the category that qualifies for the incentives that we are seeking to grant; that category stated in the Budget being low and affordable housing. Article 296 warns us that whenever we are using that discretionary power, it should be power that should be governed by rules.
    Mr Speaker, the second point is that there is an international best practice, there is a guideline for the treatment of foreign direct investments. Under those guide-lines, which were done by the Inter-national Bank for Reconstruction and Develop-ment and other reputable international institutions, the preferred position is that when we are dealing with foreign direct investment, the approach we use is what is known as the “restrictive approach”.
    Mr Speaker, the restrictive approach seeks to take away discretion from public officials; indeed, that is why we amended our law in 1994 from an investment code which gave a lot of discretion to the Ghana Investment Promotion Centre (GIPC) officials -- the Ghana Investment Promotion Centre Act in 1994 which took away the discretion from the investment officials. So, we may, as it were, make a more investor-friendly law. This is because one of the fundamental rules of investment is that there must be clarity.
    So, this is a policy of Government and I urge the Hon Minister -- I am sure he is very much aware of this and the people who are doing the consultation -- that we should bear in mind the fact that it is
    Mr First Deputy Speaker 1:10 p.m.
    I think that what we are trying to do is to make sure we comply with the law and that is why we are here and that is what we are doing and that is why this Bill has been brought here to make sure that it satisfies the requirement of the Constitution and the laws of the land. So, I will defer it; do the consultation and advise me at the appropriate time.
    Hon Members, we move to item number 9 on the Order Paper if the Report is ready.
    MOTIONS 1:20 p.m.
    Chairman of the Committee on Finance (Mr James K. Avedzi) 1:20 p.m.
    Mr Speaker, I beg to move, that notwith- standing the provisions of Standing Order 80 (1), which require that no Motion shall be debated until at least, forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Committee on Finance on the Loan Agreement between the Government of Ghana and Commerzbank AG of Belgium for an amount of eight million, seventy- one thousand, nine hundred and sixteen euros (€8,071,916.00) for the supply of 50 VDL Jonckheere buses and spare parts under Belgian Government Concessionary Finance for the Metro Mass Transit Limited may be moved today.
    Dr A. A. Osei 1:20 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Government of Ghana and Commerzbank AG of Belgium
    Loan Agreement
    Chairman of the Committee (Mr James K. Avedzi) 1:20 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Commerzbank AG of Belgium for an amount of eight million, seventy-one thousand, nine hundred and sixteen euros (€8,071,916.00) for the supply of 50 VDL Jonckheere buses and spare parts under Belgian Govern-ment Concessionary Finance for the Metro Mass Transit Limited.
    Chairman of the Committee (Mr James K. Avedzi) 1:20 p.m.


    Loan amount --

    €8,071,916.00

    Interest rate -- 0 per cent

    Moratorium period -- 18 months after signing of Loan Agreement

    Repayment period -- 10 years by 20 semi-annual

    instalments Grant element -- 36.75 per cent

    4.0 Observations

    The Committee observed that the Metro Mass Transit Limited (MMT) currently operates in all regional capitals and some major towns and cities in the regions.

    The Committee noted that increase in urbanisation and use of many private cars and mini buses are causing congestion on our main urban arterial roads with high fuel consumption and consequently high cost of travel per passenger/kilometre. The importation and use of high occupancy buses would help reduce congestion in our cities and lower fuel cost. This would therefore, lower cost per passenger/ kilometre.

    The Committee further noted that the buses would be delivered during the third and fourth quarters of 2011 and would be consigned to Metro Mass Transit Limited for operations countrywide to alleviate the problems that the travelling public in both the urban and rural areas face.

    It was observed that out of the total sum of €9,553,916.00, an amount of one million, four hundred and eighty-two thousand euros (€1,482,000.00) is a grant from the Belgian Government to part

    finance the project.

    The Committee was informed that the buses will be deployed to augment the current fleet of the Metro Mass Transit Limited in order to consolidate the operations of the company in the major cities of the country. The acquisition of more buses would also enable MMT to expand its services to majority of the district capitals and other major towns in the country.

    Under article 14.2 of the Agreement, the Government of Ghana (Borrower) undertakes that “its obligations under the Loan Agreement rank and will rank pari passu with all its other present and future unsecured and unsubordinated external (that is, towards foreign creditors) indebtedness with the exception of any preferred obligations by general, mandatory law in Ghana.”

    The Committee noted that the conces- sionality rate of 36.75 per cent meets Government's concessionary criterion of a minimum of 35 per cent on new borrowings.

    A letter from Commerzbank was produced to the Committee indicating that the signing date of the Agreement was extended to December 21, 2010 instead of the December 15, 2010 contained in the joint Memorandum to Parliament by the Minister for Finance and Economic Planning and Minister for Transport.

    4.1 Taxes

    Article 11.1 of the Loan Agreement requires the Borrower (that is GoG) to be responsible for “all taxes, levies, and fees and similar costs arising at present or in future” outside the Kingdom of Belgium in connection with the Loan Agreement.

    The Committee advises the Ministry of

    Finance and Economic Planning to present a formal request for the waiver of the relevant taxes and duties to the House in due course for consideration and approval.

    5.0 Conclusion

    The Committee recommends to the House to take note of the Grant Amount of €1,482,000.00 and approve by Resolution, the Loan Agreement between the Government of Ghana and Com- merzbank AG of Belgium for an amount of eight million, seventy-one thousand, nine hundred and sixteen euros (€8,071,916.00) for the supply of 50 VDL Jonckheere buses and spare parts under Belgian Government Concessionary Finance for the Metro Mass Transit Limited in accordance with article 181 of the Constitution, sections 3 and 7 of the Loans Act, 1970 (Act 335) and the Standing Orders of the House.

    Respectfully submitted.

    Ranking Member of the Committee (Dr Anthony A. Osei): Mr Speaker, I beg to second the Motion.

    Mr Speaker, this Motion is not very controversial. This House has approved several of tranches of this particular facility. So I will not speak too much. There is only one thing and I am glad the Hon Minister is here.

    The Metro Mass Transit Limited has lots of shareholders. We need to know the shareholding structure and the financial status of it. So I want to ask the Hon Minister to assure this House that at the next Sitting, he will apprise us of the shareholding structure and the financial status. This is because apart from the Government itself, the Social Security and National Insurance Trust (SSNIT) and other entities have shares but most of us are not fully aware of what it is. So I would just request the Hon Minister

    to assure us that when we come back to the next Sitting, this information will be provided to this House.

    Question proposed.
    Mr David T. Assumeng (NDC - Shai Osudoku) 1:20 p.m.
    Mr Speaker, I rise to support the Motion and to say that it is very important that such referrals are made to joint committees, so that the Committee on Transport could also assess the durability of these vehicles.
    Dr A. A. Osei 1:20 p.m.
    On a point of order.
    Mr Speaker, there is nothing stopping the Committee in charge of Transport to do its oversight work. In fact, I would expect that this is what they should be doing to inform us about the status, not when it comes to the Financing Agreement then they want to know the status.
    If the Committee on Transport is doing its oversight work properly, we would know frequently how the buses are doing, not when a loan comes before they want to meet to be able to tell us. It means that the Committee on Transport is not doing its job.
    Mr Assumeng 1:20 p.m.
    Mr Speaker, I am simply saying that a way must be fashioned. Let us fashion a way by which such things could be done. This is not the only example I am talking about. There are other issues where we need the inputs of other committees to assist. We are talking about the financial terms but we would end up having the vehicles on our roads.

    So if we look at the financial terms and think that they are good and the durability of the vehicles is not assessed, in my opinion, it is a worry and I think that we must look at other facilities that come. When the facility borders on another committee's expertise, we must tap it and I think it is very important. What I am saying is very important and I stand by it.
    Dr A. A. Osei 1:20 p.m.
    Mr Speaker, a contract between the Hon Minister for Transport and the company has nothing to do with the Committee on Finance. I have no problem with joint committees but if he is talking about technical work, it is not brought before this Committee. How are they going to discuss it? So they should go to their Ministry in their oversight work to look at that. If the Committee was being given technical information, it would be a different matter.
    This obsession about everything must be a joint committee -- Some Hon Member could go to the extreme and say that everything has financial implications, so every committee must meet in joint committee. Let us be careful. What is this?
    Mr First Deputy Speaker 1:20 p.m.
    Hon Members, we have discussed this joint issue several times; let us proceed.
    Hon Member, have you concluded?
    Mr Assumeng 1:20 p.m.
    Mr Speaker, I am not worried about the need to have a joint committee for that sake. My worry is of the fact that a vehicle is going to be procured and the vehicle needs to stand the test of time as compared to the nature of our roads and the rest. So I am saying that it is not a matter of just buying vehicles into the country. We should also look at the durability; the stability and the sustainability of it.
    Mr First Deputy Speaker 1:30 p.m.
    Hon Member, have you read page two of the Committee Report? They said that it is durable. Look at paragraph three under “Background”. Unless you have evidence to contradict it, let us know that you are contradicting the Committee's Report.
    Mr Owusu-Agyemang 1:30 p.m.
    Mr Speaker, I believe the problem arises because most of the time, the technical committees do not know of these going on. The first time they see, it will be the name of the Paper by either the Minister for Finance and Economic Planning or jointly by the technical Minister and the Minister for Finance and Economic Planning concerned. I believe as a House, we should have a modality of doing this, whereby the technical committees would know before it comes to the Committee on Finance.
    So the Ranking Member may have a point but I believe that we do not have the mechanism to do this. Having said that, to make sure that the Select Committees are aware of what is happening and for that matter, look at it --
    Mr Speaker, I want to make one point.
    This mass transit initiative was a very, very good one and --
    Mr First Deputy Speaker 1:30 p.m.
    Hon Member, you are making a - the Hon Member has not finished. But I thought it was a point of order. This is because you have been on your feet earlier before Hon Akoto Osei.
    Mr Owusu-Agyemang 1:30 p.m.
    I am making a contribution to the Motion.
    Mr First Deputy Speaker 1:30 p.m.
    No. You have been on your feet earlier and the Hon Akoto Osei was making a point of order. And when you got up again, I thought that it was a point of order you wanted to maked. That was why I called you. I did not call you the first time because you
    cannot take a point of order on a point of order. Absolutely, I will give you the chance.
    Mr Owusu-Agyemang 1:30 p.m.
    All right, when he has finished.
    Mr Assumeng 1:30 p.m.
    Mr Speaker, my only concern is about value for money and that is all that I am talking about.
    With this, I support the Motion.
    Mr Owusu-Agyemang 1:30 p.m.
    Mr Speaker, as I was saying, this Mass Transit System is a very good initiative, which was started and must be continued. This is because it provides cheap and safe transportation for our people. I want to make only one more point.
    Mr E. T. Mensah 1:30 p.m.
    On a point of order. Mr Speaker, the Hon Member is raising an issue which has been discussed on the floor and done with. Those vehicles were first to be brought in by the NDC Government; we felt that they were right- hand; we felt that they were not road- worthy and that these were things that they just wanted to throw away.
    So this is not something that they have to come and beat their chest about -- They need not politicise it; this is no achievement when they have to bring right - hand vehicles when for 20, 30 years we
    Dr Richard W. Anane 1:30 p.m.
    Mr Speaker, this intervention is only to make a correction. I still have my own contribution to make, but I would want it to be clarified.
    Mr Speaker, the buses that were brought -
    Mr First Deputy Speaker 1:30 p.m.
    Since I will give you the chance, when we get there, then you do the clarification.
    So the Hon Member for New Juaben North can continue.
    Dr Anane 1:30 p.m.
    All right, thank you.
    Mr Owusu-Agyemang 1:30 p.m.
    Mr Speaker, Hon E. T. Mensah is very, very wrong. Mr Speaker, if he has ever been to Italy, no bus or vehicle from Italy is a right- hand drive and the first set of buses came from Italy. How could they have been right- hand drive? I was there; I saw the buses; these were the buses that came from Bologna. The subsequent ones might have been so. But they were left-hand drives. So the point that I am making here is that - [Interruption.]
    Dr A. A. Osei 1:30 p.m.
    Mr Speaker, Hon E. T. Mensah was not talking about the Italy that we know. He was talking about Italy in Accra; so there are two different Italys -Italy in Accra --
    Mr First Deputy Speaker 1:30 p.m.
    Hon Member, you are out of order. [Laughter.]
    Mr Owusu-Agyemang 1:30 p.m.
    Mr Speaker, IO do not see how Italy can be in Accra. Maybe, that is what he was saying and maybe, he has eaten too much kenkey. That is what it is.
    Mr E. T. Mensah 1:30 p.m.
    On a point of order. Mr Speaker, Aanaa Ennin was Ghana's Ambassador and she was the one that the people of Bologna approached to bring those buses here. The buses were misused and worn out, so she refused to bring them here and as soon as they won election around that time, they brought them in.
    So I am saying, this is nothing new to
    beat their chest here on this floor about it and it is nothing new that they need to bring back again. This is because those buses, it is a fact that they did not last and I know the difference between Italy in Europe -- I do not know about any Italy in Accra.
    Mr Owusu-Agyemang 1:30 p.m.
    Mr Speaker, our erstwhile distinguished Majority Chief Whip is very confused. There is an insect called Tribolium confusum and I think that is what is affecting him.
    Mr Alban S. K. Bagbin 1:30 p.m.
    On a point of order.
    Mr Speaker, the reference to the right- hand drives were the buses that came from United Kingdom (UK). They were calling them Maame Dede or something. They
    were right-hand drives and they came around 2001; they were the first to arrive.
    Now, the reference to Italy was the reference to the age. This is because at that time our law did not permit vehicles which were more than 10 years old to be brought to the country. What we did was to amend that Act; we amended it here to enable them bring in those buses and they were real environmental hazards all over the place and we did not know which garage to put them in. So that one, we do not need to raise it.
    Mr Owusu-Agyemang 1:30 p.m.
    Mr Speaker, I think that maybe, the STX man is also very confused. I am not talking about that; I am not talking about STX; I am talking about the buses that came from Italy. And if the buses he is talking about came from - [Interruption.]
    Mr E. T. Mensah 1:30 p.m.
    Buses which have been written off in the books; that is what we are talking about.
    Mr Owusu-Agyemang 1:30 p.m.
    Then it is not a problem. I am saying it was a very good initiative -
    Mr First Deputy Speaker 1:40 p.m.
    Hon E. T. Mensah, what you just did, you are completely out of order.
    Mr E. T. Mensah 1:40 p.m.
    Sorry, Mr Speaker.
    Mr Owusu-Agyemang 1:40 p.m.
    He is out of order, Mr Speaker. He is interrupting too much -- too much kenkey today. [Laughter.]
    Mr E. T. Mensah 1:40 p.m.
    You like kenkey more than anybody else, I know you.
    Mr Owusu-Agyemang 1:40 p.m.
    Yes, I like kenkey. [Laughter.] Mr Speaker, I do not know what is wrong with Hon E. T. Mensah today but - [Pause.]
    rose
    Mr First Deputy Speaker 1:40 p.m.
    Hon Member for South Dayi, do you have a point of order?
    Mr Asimah 1:40 p.m.
    Exactly so, Mr Speaker.
    My Hon Colleague said the “STX man” and I just want to know who the “STX man” is.
    Mr First Deputy Speaker 1:40 p.m.
    Hon Member, you are within the order. We do not refer to a Minister as “STX man” or anything. So you should properly refer to the Hon Minister.
    Mr Owusu-Agyemang 1:40 p.m.
    Mr Speaker, am I supposed to answer?
    Mr First Deputy Speaker 1:40 p.m.
    Hon Member, I said that it was out of order to say that he is “STX man”. That should not be the reference to the Minister under our rules.
    Mr Owusu-Agyemang 1:40 p.m.
    Mr Speaker, you remember that Dr Kwabena Adjei here, when I was talking about - he told me that I was like a monkey from his place? So this is the interesting part of it; do not worry about that; that is just on a lighter note. And then they also referred to me as “Guazo”. They referred to me as “Guazo” in this House.
    Mr First Deputy Speaker 1:40 p.m.
    But when they referred to you as “Guazo”, you took objection. You remember very well? You took objection.
    Mr Owusu-Agyemang 1:40 p.m.
    Mr Speaker, I
    did not take objection;I am the only person who has brought a sitting President here to be censored. It was a bold move, so when they called me “Guazo”, I did not mind at all. That shows that democracy is thriving and that is why I was able to move the Motion, although it ended in fisti-cuffs. Whatever it is, Mr Speaker, it is a good initiative; let us go on and support the Minister to bring in good buses.
    At the end of it, I think the maintenance of these buses, Mr Speaker, leaves a lot to be desired. I have seen the ones, at least, in Koforidua which are almost next door to my place; they breakdown and they do not have mechanics, they do not have spare parts and what have you. So I hope that he has taken care of the spare parts aspect, especially the fast moving spare parts so that they can be used for the people. At the end of the day, these are the best buses; they go from Koforidua to Begoro, to all these places. They are good, they are safe and we can get off the road the Mercedes 207 buses which are causing so much deaths on our roads.
    On that note, Mr Speaker, I want people to understand that the first batch of buses that came here were not paid for; they were free. This is because one of the commentators on radio said that we went to buy second-hand buses. Those buses were free and we must be grateful to them since that was what started the whole process and it is now continuing.
    So the Hon Minister should have more grease to his elbows but take good care of the buses and should please, not come again that they are all broken down, so we must buy new ones. He has to tell us how they handle them.
    Thank you very much.
    Mr First Deputy Speaker 1:40 p.m.
    The last person -- Hon Member for Nhyiaeso. Very well, the Hon Minister and then the Member for Nhyiaeso.
    Dr Anane 1:40 p.m.
    So should I go ahead?
    Mr First Deputy Speaker 1:40 p.m.
    Yes,
    Dr Richard W. Anane (NPP - Nhyiaeso) 1:40 p.m.
    Mr Speaker, before I make my intervention and to support the Motion on the floor, I would want to make one or two corrections.
    Mr Speaker, the issue about the right- hand drive buses -- Mr Speaker, they were imported into the country in 2001. Mr Speaker, they were imported by a private company called Easy Link, not the Government.
    Mr Speaker, the amendment to the Internal Revenue Act at that time -- and I can say I had a hand in the amendment -- was done not because of age but because it was right-hand drive and the reason was not specifically for the buses but for other right-hand vehicles like those used in the mines and other areas. That was why the amendment was made to enable the Minister for Finance and Economic Planning to have a discretion to give the permission for use of right- hand vehicles. So that was why it was done.
    Mr Speaker, with respect to the buses for the staff of the Metro Mass Transit, this was in 2002. And Mr Speaker, I personally travelled to Italy and appealed to certain provincial governments and it was based on these appeals that we got those buses. They were used but not as is being described. And Mr Speaker, they were in a very good condition; they had been conditioned.
    Mr Speaker, unfortunately, my other Hon Colleagues do not appreciate that if we are managing a mass transit company and if we are managing and maintaining the vehicles, they can last very long. This is what had happened, and therefore, when we appealed for these buses for a start -- because the President had requested that we set up a mass transit company to ease the traffic congestion and to ease the
    sufferings of our people in commuting from home to workplaces.
    That is how come the Metro Mass Transit was started. And when it was started -- because at that very time, we had not made the necessary budgetary allocation for the acquisition of buses and we had to appeal for these buses -- they were a total of 386 buses.
    Mr Speaker, 386 buses were given for free by the provincial governments of Italy for us to start the Metro Mass Transit. That is for the record, Mr Speaker.
    Mr Speaker, referr ing to your Committee's Report, the Committee made certain observations and I will want to touch on just two.
    Mr Speaker, under “Background”, sub-paragraph 4 of paragraph 2, there is a paraphrase and with your permission, I would want to just quote that:
    “Together with the global posi- tioning system to track the buses and monitor their movement and usage.”
    Mr Speaker, it is of note and I would wish and urge the Hon Minister to take particular note of the need for the installation of this facility in the buses to ensure that wherever these buses move to, they can be tracked. This is also to ensure that they do not overuse fuel as they go on in their operations.
    Mr Speaker, I also want to extend this and again, urge the Minister to take note. I do know that very soon the State Transport Company would be appealing to the Ministry and they have to take note also that for certain reasons, the State Transport Company (STC) is under the SSNIT but when they are in need, they will come to the Ministry of Transport for support.
    If they do come and if there is the need for them to be helped, Mr Speaker, I will urge the Hon Minister to take note and to ensure, that whatever vehicles they
    acquire are also fixed with this global positioning facility, so that wherever they use their buses, they can be tracked and it will be easy for them to also take note of whatever fuel and other things that they may be doing with. The tottering STC must be looked at but it has to be looked at a bit well.
    Mr Speaker, again, going to sub- paragraph 2 of paragraph 4, the Committee noted that increase in organisation and use of many private cars and mini buses are causing congestion on our main urban arterial roads with high fuel consumption and consequently, high cost of travel per passenger per kilometre.
    The importation and use of high occupancy buses will help reduce congestion in our cities and lower fuel cost. Mr Speaker, according to the Committee, this should therefore, lower cost per passenger per kilometre. Mr Speaker, this is very true and that is why the Metro Mass Transit and the State Transport Company and the private sector mass transportation companies should be supported.
    But Mr Speaker, while we call for this support, I would want to urge again, the Minister, with his Ministry and in collaboration with his Colleague, the Minister for Roads and Highways to take note of the bus lanes which were installed on our roads as far back as 2004 but which have not been operationalized because of certain difficulties that the metropolitan authorities and the municipal authorities had.
    Mr Speaker, we got the Urban Roads Department to collaborate with the metropolitan authorities to craft a template of a legislation which could be used by them to operationalize these bus lanes but they have still not been operationalized. So I want to urge the Hon Minister
    to collaborate again to get the Urban Roads through the Ministry of Roads and Highways, so that together they can operationalze this. This is because I do know that the Ministry would be tempted by the emerging Rapid Transit Pro-gramme.
    Mr Speaker, that Rapid Transit Programme is basically for just one corridor and it is part of the corridor on the Kaneshie Highway. Mr Speaker, it is not for the entire metropolis, neither is it for all the cities in the country. Therefore, if we do not take care, we would be so overwhelmed with ideas about Rapid Transit that we may overlook these things and our people will continue to suffer.
    Mr Speaker, with these few obser- vations, I would want to support the Motion on the floor.
    Mr First Deputy Speaker 1:50 p.m.
    Hon Members, that brings us to the end of the debate.
    Hon Minister for Transport, if you want to have anything, when it comes to moving the Resolution, if they give you that chance, you can say something.
    Question put and Motion agreed to.
    Mr Gbediame 1:50 p.m.
    Mr Speaker, may I take permission from you and crave the indulgence of the House to allow the Deputy Minister to take the Motion on behalf of the substantive Minister.
    Mr First Deputy Speaker 1:50 p.m.
    It is granted.
    RESOLUTIONS 1:50 p.m.
    THIS HONOURABLE HOUSE 1:50 p.m.
    H E R E B Y R E S O LV E S A S 1:50 p.m.
    Mr Avedzi 1:50 p.m.
    Mr Speaker, item number 12 is not ready; if we can take item number 15.
    Suspension of Standing Order
    80 (1)
    Mr James K. Avedzi 1:50 p.m.
    Mr. Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1), which require that no Motion shall be debated until at least, forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Committee on Finance on the request for waiver of tax and duties amounting to twenty- two million, one hundred and nineteen thousand, six hunded and eighty-four United States dollars (US$22,19,684.00) on materials and equipment to be imported for the implementation of the Anglogold Ashanti (Ghana) Malaria Control Project in the three northern regions may be moved today.
    Mr First Deputy Speaker 1:50 p.m.
    Hon Ranking Member, item number 15 -- [Pause] - Hon Ranking Member, procedural Motion.
    Dr A. A. Osei 1:50 p.m.
    Mr Speaker, I do not
    have it. I know it should have been done but I do not have it. That is why.
    Mr First Deputy Speaker 1:50 p.m.
    Hon Chairman of the Committee?
    Mr Avedzi 1:50 p.m.
    Mr Speaker, I have my copy of the Report. I do not know how come he has not got a copy; so we can find out if it has not been distributed.
    Mr First Deputy Speaker 1:50 p.m.
    No, but at least, your Ranking Member must have a copy. If your Ranking Member has not got a copy - [Pause.] Hon Chairman of the Committee on Finance, I do not have a copy; your Ranking Member has not got a copy. Can we go to the Addendum and take the Stamp Duty? [Pause.]
    Hon Majority Leader, why are you not giving any direction to the Chair?
    Mr Gbediame 1:50 p.m.
    Mr Speaker, I thought you were consulting with the Chairman of the Committee?
    Mr First Deputy Speaker 1:50 p.m.
    What should I take? The Chairman mentioned an item but that Report has not been distributed. Now, I am asking, should we go for this one because I have the Report of this one? Should we go and take,the Stamp Duty?
    Mr Gbediame 1:50 p.m.
    Mr Speaker, we want to find out from the Ranking Member whether he has got the Report; he is ready with the Report.
    Mr First Deputy Speaker 1:50 p.m.
    Hon Majority Chief Whip, the Chairman of the Committee has got the Report dealing with item 15 and then when he moved the Motion for the suspension of the Standing Order, I called on the Ranking Member and he said he had not got the Report. I also do not have the Report but I have the
    Report of the COCOBOD dealing with the Stamp Duty and I am asking whether we should take that one if the Report is there.
    Mr Gbediame 1:50 p.m.
    Precisely so, Mr Speaker.
    Mr First Deputy Speaker 1:50 p.m.
    Hon Ranking Member, do you have a copy of the Stamp Duty?
    Dr A. A. Osei 1:50 p.m.
    Yes, Mr. Speaker.
    Mr. First Deputy Speaker 1:50 p.m.
    Hon Members, so that amendment has not been seconded, so it is deemed to have been lost.
    Hon Members, let us go to the Addendum Order Paper.
    Waiver of Stamp Duty on Trade Finance Facility for COCOBOD
    Chairman of the Committee (Mr James K. Avedzi) 1:50 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee Finance on on the request for waiver of Stamp Duty on Offshore Syndicated Receivables- backed Trade Finance Facility of US$1,500,000,000 for 2010/2011 Cocoa Purchases by Ghana Cocoa Board.
    Mr Speaker, in doing so, I present your Committee's Report.
    1.0 Introduction
    The request for waiver of Stamp Duty on Offshore Syndicated Receivables- backed Trade Finance Facility of US$1,- 500,000,000.00 for 2010/2011 Cocoa Purchases by Ghana Cocoa Board was laid in the House on Thursday, 18th November,
    Chairman of the Committee (Mr James K. Avedzi) 2 p.m.
    In considering the request, the Com- mittee met with the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh, officials from the Ghana Cocoa Board, Ghana Revenue Authority and the Ministry of Finance and Economic Planning and hereby submits this Report.
    2.0 Background
    The Ghana Cocoa Board contracts receivables-backed trade finance facility annually to finance cocoa purchases and other payments to stakeholders, which normally commence in October each year. This arrangement has been in place since 1994.
    This year, twenty-two (22) local and international financial institutions were involved in arranging the facility amounting to one billion, five hundred million dollars (US$1,500,000,000.00) for the Ghana Cocoa Board. The facility does not require Government Guarantee as it is a commodities-backed loan facility.
    3.0 Stamp Duty
    Section 32(6) of the Stamp Duty Act, 2005 (Act 689) mandates that for documents to be executable, valid and enforceable in Ghana, such documents would have to be stamped.
    However, the Commissioner of Internal
    Revenue is empowered under sections 158(2) and 113(4) of the Internal Revenue Act, 2000 (Act 592) to waive Stamp Duty subject to approval by Parliament.
    4.0 Total waiver requested
    The total Stamp Duty to be waived on all the documents covering the facility is fifteen million dollars (US$15,000,000.00), thus one per cent of one billion, five hundred million dollars (1% of US$1,-
    500,000,000.00).
    Attachment: Please find attached a letter from the Commissioner of Internal Revenue Service (Domestic Tax Revenue Division of the Ghana Revenue Authority) providing the assessment of the Stamp Duty payable on the facility.
    5.0 Observations
    The Committee observed that the facility did not require Government Guarantee, as it is a receivables-backed loan facility.
    The Committee was, however, in-formed that one of the conditions precedent of the Loan Agreement is that Ghana Cocoa Board initiate the necessary actions to obtain a waiver of Stamp Duty for the facility by 31st December, 2010.
    The Committee was further informed that the Ghana Cocoa Board has resorted to contracting offshore loan facilities for annual cocoa purchases. This is because borrowing from the local market has proved to be very expensive. Again, local banks do not have the capacity to lend the quantum of funds required for cocoa buying operations.
    The Committee took note of the fact that over the years, the cocoa industry has played a major role in the economic development of Ghana. It has continued to play this role in terms of its contribution to Gross Domestic Product (GDP), employment generation, and as a major
    source of foreign exchange earnings.
    The sector has also made substantial contribution to revenue generation through the payment of export duty, inter alia.
    It was noted that most of the foreign exchange earnings from cocoa are retained in the country for the country's developmental needs.
    Members of the Committee were worried that the principal Loan Agreement was contracted without parliamentary approval. The Committee agreed that in line with article 181 of the Constitution, the substantive loan should henceforth be brought to Parliament for consideration and approval.
    6.0 Conclusion
    The Committee has carefully examined the request and has taken cognizance of the key role played by the Ghana Cocoa Board in the country's economy as well as the strategic nature of the facility to Ghana Cocoa Board's operations.
    The Committee, therefore, recommends to the House to approve by Resolution, the waiver of Stamp Duty of 1 per cent (amounting to US$15 million; equivalent to GH¢22,500,000.00) on the Offshore Syndicated Receivables-backed Trade Finance Facility of US$1,500,000,000.00 for 2010/2011 Cocoa Purchases by the Ghana Cocoa Board in accordance with section 32 (6) of the Stamp Duty Act, 2005 (Act 689), sections 158 (2) and 113 (4) of the Internal Revenue Act, 2000 (Act 592) and article 174 (2) of the 1992 Constitution of the Republic of Ghana.
    Respectfully submitted.

    Ranking Member of the Committee (Dr A. A. Osei): Mr Speaker, I beg to second the Motion.

    Mr Speaker, I would be very brief on this matter and let my other Hon Colleagues speak on it.

    In my opinion, the most important challenge here is really not what is before us. Mr Speaker, there is a standing problem which somehow, the Cocoa Board and the Ministry seem to be ignoring.

    The Constitution says that any loan contracted by any agency must be approved by this House. Even though this facility is not controversial, somebody either at Cocoa Board or the Ministry of Finance and Economic Planning always does this without an approval. Last year, the point was made that they should not initiate a facility without coming here.

    This year, if you read the memorandum that went to the Hon Minister, they are still suggesting that they do not need parliamentary approval. Mr Speaker, this House must take this matter seriously. The Act of the Cocoa Board was done before the Constitution came. But once the Constitution is in place, every other law in this country must be consistent with the Constitution.

    Mr Speaker, as I said, this matter is not controversial, therefore, I do not see why Cocoa Board and the Minister should not come here first and seek our approval before going to borrow. Now, what we are stuck with is that, this matter must be cleared before December 31. So in essence, we are being asked to rationalize it.

    Mr Speaker, I think the Hon Minister for Finance and Economic Planning should be advised that next time round, this House cannot continue to condone in what is an illegality. The Constitution is very clear, and we would not wait and say
    Mr First Deputy Speaker 2 p.m.
    Hon Member, the decision taken last year by this House was that the Hon Minister for Finance and Economic Planning should refer this matter to the Attorney-General and Minister for Justice for advice.
    Dr A. A. Osei 2 p.m.
    And then the Attorney- General and Minister for Justice will come here. The memorandum said that they did not go to the Attorney-General and Minister for Justice; they were advised internally, that they did not need to come here by referring to the old law. The old law was in the 1960s. It cannot be flouting the current Constitution; that is what the memorandum said; that is how I knew that they did not go to the Attorney-General -
    Mr First Deputy Speaker 2 p.m.
    Hon Ranking Member, how were you doing it when you were the Minister?
    Dr A. A. Osei 2 p.m.
    Mr Speaker, the issue is not how I was doing it -
    Mr First Deputy Speaker 2 p.m.
    I am not using yours to justify it -
    Dr A. A. Osei 2 p.m.
    Mr Speaker, in 1992, you were the Majority here; you did it. The fact that you continued to do -
    Mr First Deputy Speaker 2 p.m.
    Hon Member, I just want to know; I am not saying that you did the right or the wrong thing. I just want you to guide me; I just
    want you to guide the Chair, so that I -
    Dr A. A. Osei 2 p.m.
    Mr Speaker, I want to
    put it on record that my last position was not Minister for Finance and Economic Planning; I was a Minister of State in the Ministry of Finance and Economic Planning.
    Mr First Deputy Speaker 2 p.m.
    As far as this House knows, your last position was the Acting Minister for Finance and Economic Planning.
    Dr A. A. Osei 2 p.m.
    Mr Speaker, I am sorry. You are completely misleading this House. I was never the Acting Minister. Mr Speaker, this can get me into trouble if you call me the Acting Minister. Mr Speaker, let me tell you what really transpired --
    Mr First Deputy Speaker 2 p.m.
    Hon Member --
    Dr A. A. Osei 2 p.m.
    Mr Speaker, in those last three months, His Excellency John Agyekum Kufuor assumed the portfolio of Minister for Finance and Economic Planning and delegated the responsibility to my goodself. I was never a Minister or Acting.
    I thank you very much.
    Mr First Deputy Speaker 2 p.m.
    Have you read the Constitution very well? Go and look at article 58 (3).
    Dr A. A. Osei 2 p.m.
    Yes, I read it well. I do not have any letter of appointment designating me as the Minister for Finance and Economic Planning -- [Inter-ruption.]
    Mr Gbediame 2 p.m.
    On a point of order. Mr Speaker, I was standing on a point of order the fact that, the Hon Ranking Member did tell you Mr Speaker, that you were misleading this House. I felt that it was a bit below the belt and that he should be allowed to withdraw that statement.
    Mr First Deputy Speaker 2 p.m.
    Did you say that I was misleading the House? Hon Ranking Member -
    Dr A. A. Osei 2 p.m.
    Mr Speaker, on my designation as Acting Minister,
    SPACE FOR LETTER - PAGE 2 p.m.
    Mr First Deputy Speaker 2 p.m.
    Hon Member, you lost your boss and you took full control over that Ministry and all the business of that house -- the last three months were brought to this House by you. There was no correspondence from His Excellency the President that he was in-charge of that Ministry and we are the ones who approve people and you were Minister of State; there was no correspondence that he had assumed responsibility for that Ministry.
    That ends the matter; you do not have any excuse in this matter.
    Dr A. A. Osei 2 p.m.
    Mr Speaker, with respect, there was no correspondence to this House that I was Acting Minister. But that is what you said.
    Mr First Deputy Speaker 2 p.m.
    Hon Member, you were in-charge of that Ministry - and as far as we know -- that was why we demanded a letter from the President's Office designating who was in-charge of the intelligence services and the President had to write to us officially designating the Minister for the Interior to be in-charge of that Service.
    This House has not received any official correspondence from the President on the matter that you are talking about, and this is public business; governance of this State and this House which approves Ministers ought to know if the President assumed full responsibility for that Ministry.
    Dr A. A. Osei 2 p.m.
    Mr Speaker, I do not disagree with you. My point is that your statement was categorical; that is, “Acting Minister”. That categorical statement is not correct. Nowhere has anybody received that correspondence, either in this House or any place. That is why I said, “inadvertently” -- you may have wanted
    to say “in-charge”.
    Mr First Deputy Speaker 2:10 p.m.
    Hon Member, I said you were Minister for Finance and Economic Planning. That was what I said and you said you were not, and that you were Minister of State.
    I went on to say that for all that we knew, you were acting, holding respon- sibility for that Ministry for the last three months at that Ministry. You were holding responsibility and you were in- charge of that Ministry as far as this House was concerned.
    Anyway, that is not relevant to the Motion before us; so let us make progress. I do not know what you are afraid of.
    Hon Members, Motion moved and seconded; it is for the consideration of the Honourable House. Should I put the Question?
    Hon Member for Manhyia.

    Question proposed.
    Dr Matthew O. Prempeh (NPP - Manhyia) 2:10 p.m.
    Mr Speaker, last year ,what this whole House told Cocoa Board was wrong with impunity; we have repeated it this year. Mr Speaker, Parliament should be a serious body; never partisan but serious. We have all sworn an oath to protect the Constitution and if Parliament says Cocoa Board cannot go and get the loan till it comes to seek approval, the House should accept that and enforce it.
    This year, not only have they done otherwise, they were bold enough to tell us in their memorandum that this facility does not require Government guarantee as it is the commodity's back loan. Who said so?
    Mr Speaker, also I find out that those at COCOBOD who have been advising the Hon Minister for Finance and Economic
    Planning are probably not advising him very well. In last year's Budget, a sum of money was allocated for the payment of bonus. Mr Speaker, the same amount was repeated this year. Last year, I was expecting COCOBOD to come back to us and tell us that there was only 627,000 metric tonnes of cocoa; but they advo-cated for 1.2 million tonnes. What happened to the difference?
    Mr Speaker, that is not all. This year, they are saying they are going to pay GH¢40 per kilogramme and they have also taken as much as 1.2 million tonnes; the difference is staggering. And this House must know what is happening with that difference.
    Mr Speaker, as of now, all over the countryside, those of us from “kokooase”, there are no jute sacks for cocoa - that is a serious matter this House should look into. This is because cocoa has been and is still the life blood of this country. So if COCOBOD cannot be responsible enough to even supply jute sacks for cocoa, I do not know why we should be entertaining them the way we have been doing.
    Mr Speaker, more importantly, US$200
    million out of the US$1.5 million is said to be used for cocoa roads. I thought it was an arrangement among brothers. But to publicly advocate that you are going to borrow GH¢1.5 billion and that GH¢200 million of that is for cocoa roads, is a tax on cocoa. It is a tax on cocoa - [Inter- ruption] - Yes. Why do we not tell timber men and mining firms to allocate part of their revenue for roads? Who destroys more roads - timber trucks, mining trucks and cocoa trucks?
    Mr Speaker, some of these things, we
    have to be more serious how we put them across. You cannot tax cocoa farmers GH¢200 million in aggregate sum for cocoa roads and leave timber and mining firms to go scot free.
    Mr Speaker, my last thing is that, if COCOBOD will insist that they would not come and inform this House, we should also not approve their waiver. For this year, I think we should approve their waiver but next year, we should insist and do what is right.
    Thank you.
    Dr Ahmed Y. Alhassan (NDC - Mion) 2:10 p.m.
    Mr Speaker, just a point of information in fairness to COCOBOD.
    With respect to jute sacks, as Chairman of the Committee on Food, Agriculture and Cocoa Affairs and because of the concerns expressed over the shortage of jute sacks, the Committee invited COCOBOD Chief Executive and the entire management and we asked them what efforts they were making to get jute sacks to farmers so that they could sack their cocoa for export.
    We were given two reasons for the shortage. They did not anticipate the harvest level that they were receiving this year, so they ordered the sacks short of the extra harvest they were receiving; that is number one. So they were making efforts to get the Indian company that delivered jute sacks for Cocoa Board to deliver enough. And as at the time we were speaking to them, which was last month, the sacks were arriving at the port and being delivered to farmers. That is one.
    The other measure they took was that
    they were recycling the old cocoa sacks that were in good condition, displacing the print and then using those ones to
    Dr Prempeh 2:10 p.m.
    Mr Speaker, on a point
    of information.
    I think that the Chairman of the Committee on Food, Agriculture and Cocoa Affairs should also convey the displeasure of some of us to COCOBOD. That if they could forecast that GH¢40.00 per metric tonne as bonus and when you divide -- it means they were forecasting 1.2 million metric tonnes, then they have no reason to adduce that reason he is giving us.
    Mr First Deputy Speaker 2:10 p.m.
    Hon Members, that brings us to the end - Hon Members, the controversial issue raised is this matter which cropped up last year --
    Mr Opare-Ansah 2:10 p.m.
    On a point of order. Mr Speaker, on page three of the Committee's Report, they talk about the Cocoa Board coming back later for a waiver of domestic Value Added Tax (VAT), National Health Insurance Levy (NHIL) and Communications Levy Tax, totalling two million, three hundred and something Ghana cedis.
    Mr Speaker, it is my belief and if the Chairman and the Hon Minister would confirm that; it cannot be that -- they are seeking or will be seeking a tax waiver on Communications Service Tax. It is totally impossible. I believe they are probably talking about some communication equipment that they intend to import.
    Mr First Deputy Speaker 2:10 p.m.
    Which page of the Committee's Report are you referring to?
    Mr Opare-Ansah 2:10 p.m.
    Page 3.
    Mr First Deputy Speaker 2:10 p.m.
    Under “Observations”? Which paragraph?
    Dr A. A. Osei 2:10 p.m.
    Mr Speaker, I think you should ignore it. He is anticipating something else.
    Mr First Deputy Speaker 2:10 p.m.
    Yes, Hon Members, I have looked at what he is saying; it is not in the Report. So you would withdraw everything that you have said. Kindly get up and withdraw everything that you have said.
    Mr Opare-Ansah 2:10 p.m.
    I so do, Mr Speaker.
    Mr First Deputy Speaker 2:10 p.m.
    Hon Members, I will put the Question -- [Interruption] Hon Members, if you are not careful, we would rise from here at 12 midnight. The controversial issue has been taken note of and we would take steps to ensure that we get the advice of the Hon Attorney-General and Minister for Justice on this matter.
    Question put and Motion agreed to.
    rose
    Mr First Deputy Speaker 2:10 p.m.
    When we
    get to item 2, whatever you want to say, I will let you say it.
    RESOLUTIONS 2:10 p.m.
    Mr J. K. Avedzi 2:10 p.m.
    Mr. Speaker, I beg to second the Motion.
    Mr First Deputy Speaker 2:10 p.m.
    Hon Members, this is a consequential Resolution but because the Hon Member has been on his feet for a long time, I will give him the opportunity.
    Mr I. K. Asiamah 2:20 p.m.
    On a point of order. Mr Speaker, I am on my feet to raise the matter of quorum. I do not think we have the right number to indeed, discharge our duties legitimately. The number here is less than one-third of the membership that is required to carry out our legitimate business. That is my concern -- and that is by Standing Order 48, Mr Speaker.
    Thank you.
    Mr First Deputy Speaker 2:20 p.m.
    Hon Member, I will beg the Table Office to advise me as to the number; after that, we would also allow ten minutes. The bell would be rung after ten minutes, then we will decide what to do.
    Hon Chairman of the Committee, which of your Reports are ready?
    Mr Avedzi 2:20 p.m.
    Mr Speaker -
    Mr First Deputy Speaker 2:20 p.m.
    Oh sorry. Hon Members, I will put the Question on the Resolution.
    Mr Opare-Ansah 2:20 p.m.
    Mr Speaker, bearing in mind that a Member has raised the issue of quorum and the matter is not decided, I would suggest that you step the matter of the Resolution down for the meantime.
    That is because not only is the issue of quorum for any debate, much less than that required to take a decision and if it turns out we do not have the quaorate number for debating, then clearly, we would not have had the number to take the decision. So, I would suggest that we step that down while we continue to do other business and when the matter has been determined, we come back to do that.
  • [Resumption of debate from column 4468]
    • Mr First Deputy Speaker 2:20 p.m.
    Item 15. We now have the report of item 15.
    Suspension of Standing Order 80 (1)
    Chairman of the Committee (Mr James K. Avedzi) 2:20 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no Motion shall be dabted until at least, forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the request for waiver of tax and duties amounting to twenty- two million, one hundred and nineteen thousand, six hundred and eighty-four United States dollars (US$22,119,684.00) on materials and equipment to be imported for the implementation of the AngloGold Ashanti (Ghana) Malaria Control Project in the three northern regions may be moved today.
    Dr A. A. Osei 2:20 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Dr A. A. Osei 2:20 p.m.


    Request for Waiver of Tax and Duties on AngloGold Ashanti,

    Malaria Project
    Chairman of the Committee (Mr James K. Avedzi) 2:20 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the request for waiver of tax and duties amounting to twenty-two million, one hundred and nineteen thousand, six hundred and eighty-four United States dollars (US$22,119,684.00) on materials and equipment to be imported for the implementation of the AngloGold Ashanti (Ghana) Malaria Control Project in the three northern regions.
    Mr Speaker, I present the Report of the Committee.
    1.0 Introduction
    The request for waiver of taxes and duties amounting to twenty-two million, one hundred and nineteen thousand, six hundred and eighty-four United States dollars (US$22,119,684.00) on equipment and materials for the implementation of the AngloGold Ashanti (Ghana) Malaria Control Project in the three northern regions was laid in the House on Tuesday, 9th November, 2010 and referred to the Finance Committee for consi-deration and report in accordance with Order 169 of the Standing Orders of the House.
    In considering the request, the Com- mittee met with the Minister for Finance and Economic Planning, Hon Dr Kwabena Duffuor and his Deputy, Hon Seth Terkpeh as well as officials from the Ministries of Finance and Economic Planning and Health and hereby submits this Report to the House.
    2.0 Background
    AngloGold Ashanti (Ghana) embarked on the Obuasi Malaria Control Project in 2006 as part of its corporate social responsibility to the people of the Obuasi municipality. The project employed an integrated strategy involving interventions such as Indoor Residual Spraying (IRS), distribution of Insecticide Treated Nets (ITNs) and early effective diagnosis and treatment.
    The result of these interventions were so remarkable that malaria cases in the Municipality declined on the average by about 75 per cent each year from 2005 to 2009.
    Based on the pronounced success of the Obuasi Malaria Control Project coupled with the experience that AngloGold Ashanti (Ghana) gained in the project's implementation, the company decided to submit a proposal to the Global Fund to fight AIDS, tuberculosis and malaria in 2009. The proposal sought to implement the same malaria control strategies implemented in the Obuasi Municipality, in the Upper East, Upper West and Northern Regions.
    This proposal was approved by the Global Fund and the Grant Agreement between the company and the Fund was signed in October, 2009.
    In accordance with standard practices pertaining to the entire United Nations System, principal recipients of funds from the Global Fund are required, as condition precedent for grant release, to obtain tax waivers for goods and services to be purchased with those funds.
    3.0 Total Waiver Requested
    The total amount of taxes and duties for which waiver is being sought is twenty- two million, one hundred and nineteen thousand, six hundred and eighty-four United States dollars (US$22,119,684.00).
    Attachment: Please find attached as APPENDIX, the official assessment of the relevant taxes and duties conducted by the Customs, Excise and Preventive Service (Customs Division of the Ghana Revenue Authority).
    4.0 Observations
    The Committee noted that malaria is the leading cause of morbidity and mortality in Ghana as it accounts for 45 per cent of Out-Patient Department (OPD) atten-dance, 30 per cent of admissions and 20 per cent of hospital deaths. Children under five years and pregnant women suffer the most severe forms of the disease.
    The Committee was informed that a successful implementation of the AngloGold Ashanti (Ghana) Malaria Project in the three Northern Regions will reduce Ghana's malaria burden by about a quarter (that is 25 per cent).
    It was observed that in addition to this US$22,119,684 taxes on imported materials, the project would further require a waiver of domestic VAT/NHIL and Communications Service Tax (CST) totalling two million, three hundred and fifty-six thousand, six hundred and thirty- nine United States dollars and ninety-five cents (US$2,356,639.95).
    The Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh
    assured the Committee that the domestic tax component of US$2,356,639.95 would be included in a separate Waiver Request to be presented to the House in due course.
    It is estimated that about 3,800 jobs will be created directly for the youth of this country who will be recruited to implement the malaria control inter- ventions. This employment to be created will last initially for five years, with the possibility of extension if additional funding is provided by the financiers, the Global Fund.
    The Committee was informed that the transport to be provided for the malaria control activities in the districts would also be used to support other maternal and child survival campaign activities such as polio vaccination and vitamin A supplementation.
    Again, the support to renovate ware- houses at regional and district levels and make them secure for storage of malaria control inputs will benefit all other health logistic storage in the beneficiary regions and districts.
    It was noted that the AngloGold (AGA) malaria grant from the Global Fund will run for five years so implementation will therefore be for an initial five years. The AGA Malaria Centre at Obuasi will serve as the national headquarters for the project while two zonal offices would be opened in Tamale and Wa to support field activities in the districts.
    The Committee was informed that the project would cover all districts of the three Northern Regions except West Mamprusi, Gushiegu, Karaga, Savelugu- Nanton and Tolon-Kunbungu Districts in the Northern Region which are already benefiting from a USAID-sponsored President's Malaria Initiative.
    It came to the attention of the Committee that apart from the AngloGold Ashanti (Ghana) Ltd, other Ghanaian institutions implementing projects with sponsorship from the Global Fund include the Ministry of Health/Ghana Health Service, Ghana AIDS Commission (GAC), Adventist Development and Relief Agency (ADRA) and the Planned Parenthood Association of Ghana (PPAG).
    5.0 Conclusion
    In view of the tremendous impact that the Malaria Control Project will have on the health and socio-economic status of the three northern regions, the Committee recommends to the House to approve by Resolution, the request for waiver of taxes and duties amounting to twenty- two million, one hundred and nineteen thousand, six hundred and eighty-four United States dollars (US$22,119,684.00) on materials and equipment to be imported for the implementation of the AngloGold Ashanti (Ghana) Malaria Control Project in the three Northern Regions in accordance with article 174 (2) of the 1992 Constitution of the Republic of Ghana.
    Respectfully submitted.
    Papa Owusu-Ankomah (NPP - Sekondi) 2:20 p.m.
    Mr Speaker, I beg to second the Motion and note that this is a matter that is time-bound. At the Committee level, we were informed that we needed to take this decision by the end of the year, otherwise, it would lapse.
    But there are also a couple of out- standing ones that are due and here, I would want to state that, in a lot of these
    matters, there is the need for governments to have their eyes on the bull and ensure that bureaucracy deals with matters with the urgency that they deserve.
    Indeed, at the Committee level, the Committee had to take certain decisions to ensure that this matter came before the House today. And I will urge the Ministry of Finance and Economic Planning, which is in-charge of all financial matters of the State to deal assiduously with these matters, so that it does not appear as if the House is being stampeded to take a decision.
    I urge Hon Members to support the Motion.
    Thank you.
    Mr First Deputy Speaker 2:30 p.m.
    Hon Chief Whip of the Minority, should we take item 17?
    Mr Opare-Ansah 2:30 p.m.
    Mr Speaker, I suggest we stand it down for now.
    Mr First Deputy Speaker 2:30 p.m.
    Hon Member, this is not a controversial matter. If you look at the purpose for which this facility is being taken -
    Papa Owusu-Ankomah 2:30 p.m.
    Mr Speaker, the Hon Member for Atwima Mponua raised an issue of quorum and Mr Speaker, you indicated that you would want the Clerks-at-the-Table to check the numbers, so that you advise yourself. I do not know whether the Clerks-at-the-Table have not finished with this job.
    Mr First Deputy Speaker 2:30 p.m.
    Hon Member for Sekondi, are you pushing for it? I just want to know.
    Mr First Deputy Speaker 2:30 p.m.
    That is the ordinary response I have to give.
    Papa Owusu-Ankomah 2:30 p.m.
    But you have not indicated to us the result of the step. If you had not raised that issue, I would not have asked that question. But you said that “oh”, you will let the Clerks-at-the-Table check”. So we were expecting that you would inform the House the result.
    Mr First Deputy Speaker 2:30 p.m.
    The advice is for me -
    Papa Owusu-Ankomah 2:30 p.m.
    Very well. I am not pushing. Mr Speaker, you may put the Question.
    Mr First Deputy Speaker 2:30 p.m.
    Hon Members, I have been advised to put the Question. I have been advised by the Chief Whip and the Hon Member for Sekondi.
    Question put and Motion agreed to.
    Dr A. A. Osei 2:30 p.m.
    Mr Speaker, the
    Chairman cannot move the Motion -
    Mr First Deputy Speaker 2:30 p.m.
    The Question on the Motion - sorry.
    Hon Minister, Resolution 17.
    SPACE FOR TAX ASSESS- 2:30 p.m.
    Dr A. A. Osei 2:30 p.m.
    Mr Speaker, there is no Resolution number 17 on the Order Paper. There is an item number 17, which is a Resolution. If that is what the Hon Minister is talking about, we can take it.
    Mr First Deputy Speaker 2:30 p.m.
    Hon Member, the Chief Whip of the Minority is right.
    Hon Minister, move the Motion again. If you say Resolution number 17 it looks as if you have Resolutions 1 to l7, that is the point that they are making.
    Mr Terkpeh 2:30 p.m.
    No, I said numbered 17
    Mr First Deputy Speaker 2:30 p.m.
    Very well. Any seconder?
    Mr James K. Avedzi 2:30 p.m.
    Mr Speaker, I beg to second the Motion numbered 17 - [Laughter.]
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 2:30 p.m.
    Hon Members, item l4. Have we taken the item l3? We have not?
    Papa Owusu-Ankomah 2:30 p.m.
    I think it should rather be 11, relating to the buses; have we taken that one?
    Mr First Deputy Speaker 2:30 p.m.
    Can we go back to the Addendum?
    Papa Owusu-Ankomah 2:30 p.m.
    Mr Speaker, it is the Addendum - item 2. Item 2 on the Addendum Order Paper.
    RESOLUTIONS 2:30 p.m.
  • [Resumption of debate from column 4455.]
    • Mr First Deputy Speaker 2:30 p.m.
    Hon Members, do we have any other report?
    Mr Avoka 2:30 p.m.
    Mr Speaker, we can come back to number 6 on page 2.
    Mr First Deputy Speaker 2:30 p.m.
    Have you done the consultation?
    Mr Avoka Yes, it has been completed and I am well informed.
    Mr First Deputy Speaker 2:30 p.m.
    Very well. What is the outcome of the consultation?
    Mr Bagbin 2:30 p.m.
    Mr Speaker, we have done the consultation with my Colleague, Hon Osei-Prempeh and also with the drafts- persons from the Attorney-General's Department and we have agreed on the text of a proposed amendment, which we want to move.
    Mr First Deputy Speaker 2:30 p.m.
    You have about three amendments there, two on the Order Paper and one on -- which one has been agreed on?
    Mr Bagbin 2:30 p.m.
    The proposal is to amend the one under section 11 -
    BILLS - CONSIDERATION 2:40 p.m.
    STAGE 2:40 p.m.
    Mr Alban S. K. Bagbin 2:40 p.m.
    Mr Speaker, the proposal is to amend clause 1, line 5, which is numbered under clause 1 (6),
    not the 6 (a).
    Mr Speaker, I beg to move, clause 1, subclause (6), line 5, delete “low cost affordable residential premises” and insert “affordable housing units”.
    Mr Speaker, “affordable housing” has been defined in the new Housing Policy but there is no such definition for “low cost affordable residential premises”.
    Mr Speaker, if I may just add that there should be consequential amendments because that phrase appears a number of times both in clauses 1 (6) and 1 (6) (a); we have the same phrase “low cost affordable housing residential premises”. So, we are saying that in its place, we insert “affordable housing units.”
    Mr First Deputy Speaker 2:40 p.m.
    Hon Members, the import of the amendment is that, first, clause 1(6), we delete the words “low cost affordable residential premises” and we insert “affordable housing units”.
    Question put and amendment agreed to.
    Clause 1 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:40 p.m.
    Hon Members, the import of the amendment is that wherever you have “low-cost affordable residential premises” you insert “affordable housing units” and that applies to 6 (a). So that is the conse-quential amendment. [Pause.]
    Hon Minister, we also have -
    Mr Bagbin 2:40 p.m.
    Yes. Mr Speaker, we have also proposed to add a new subclause under section 1, and what the drafts-person said is that we should allow them to do the numbering and I think that is right.
    Mr Speaker, I beg to move, new clause, add the following 2:40 p.m.
    Mr Speaker, I beg to move, new clause, add the following 2:40 p.m.


    “The Minister shall in consultation with the Minister responsible for Housing by Legislative Instrument make Regulations for the effective implementation of sections 1 (6) and 1 (6) (a).”

    Mr Speaker, I need to add that clause 1 (6) deals with exemption of taxes and that definitely falls under the Ministry of Finance and Economic Planning. But the items that you need to exempt from the taxation are to be certified by the sector Ministry which will be overseeing issues of quality and standards and the cost of the items, the building materials, and that is why the need for the Minister for Finance and Economic Planning to consult the Minister responsible for Housing.

    I discussed this with the sector Deputy Minister who in fact, proposed that because they could not do it alone, they had to do it in consultation with the sector Ministry.

    Concerning clause 1 (6) (a), it is the Ministry responsible for Housing that has to indicate to the Minister for Finance and Economic Planning that this particular company is engaged in the provision of affordable housing units. And that is why we have still left it there, clause 1 (6) (a) at the Ministry. But the new clause is to get the partnership of the two Ministries to ensure that the taxes that are being exempted for materials, those materials are good enough to be used for our housing units.

    So, there is the need for that consul- tation and I discussed with the Hon Minister for Finance and Economic Planning and he is agreeable to that; I discussed it with the draftslady from the

    Attorney-General's Department and in fact, the rendition was agreed before I moved it.
    Mr First Deputy Speaker 2:40 p.m.
    Hon Members, this is a compromised amend- ment.
    An Hon Member 2:40 p.m.
    Mr Speaker, you said the Minister responsible for Works and Housing”. It is “Housing” not “Works and Housing”. Assuming the designation changes --
    Mr First Deputy Speaker 2:50 p.m.
    Hon Minister, an Hon Member is suggesting that we should delete “Works” and make it “Housing”.
    Mr Bagbin 2:50 p.m.
    Mr Speaker, my Motion was, “responsible for Housing”; I did not add “Works”.
    Mr First Deputy Speaker 2:50 p.m.
    Very well.
    Question put and amendment agreed to:
    New clause ordered to stand part of the Bill.
    The Long Title ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:50 p.m.
    Hon Members, that brings us to the end of the Consideration Stage of the Internal Revenue (Amendment) Bill, 2010.
    Suspension of Standing
    resume at 4 o'clock. It is now 3 o'clock. We will resume at 4 o'clock, so that we take that outstanding Nsawam matter and the Appropriation Bill and then we would close for the day.
    Mr First Deputy Speaker 2:50 p.m.
    Hon Members, the reports are not ready, so we have no alternative. On that basis, the House is suspended for one hour. We will come back at 4 o'clock to continue with proceedings.
    Hon Members, thank you very much.
    2.55 p.m. -- Sitting was suspended.
    5.00 p.m. -- Sitting resumed.
    Mr Speaker 2:50 p.m.
    Hon Majority Leader?
    Mr Avoka 2:50 p.m.
    Mr Speaker, item 12, page 5.
    Mr First Deputy Speaker 2:50 p.m.
    Hon Members, item 12 on the Order Paper. Chairman of the Committee?
    MOTIONS 2:50 p.m.
    Chairman of the Finance Committee (Mr James K. Avedzi) 2:50 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which require that no Motion shall be debated until at least, forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Dexia Bank, Belgium SA/NV
    Order 131 (1)
    Deputy Minister for Finance and Economic Planning (Mr Seth Terkpeh) (on behalf of the Minister for Finance and Economic Planning): Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131 (1), which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall not be taken until at least, twenty-four hours have elapsed, the Motion for the Third Reading of the Internal Revenue (Amendment) Bill, 2010 may be moved today.
    Mr J. K. Avedzi 2:50 p.m.
    Mr Speaker, I beg to second the motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS --THIRD READING 2:50 p.m.
    Mr Avoka 2:50 p.m.
    Mr Speaker, I have been informed at this stage by the Hon Chairman of the Finance Committee and his Hon Ranking Member that there are two outstanding reports that we have to take and conclude the day. Unfortunately, they are being processed and will be available within an hour.
    In the circumstances, I would humbly request that with your kind indulgence, we can suspend Sitting for one hour and
    for an amount of €10,006,174.40 for the partial financing of phase I of a Turnkey Construction of a drinking water facility for the city of Nsawam and the region north of the capital, Accra, may be moved today.
    Dr A. A. Osei 2:50 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    GoG and Dexia Bank, Belgium SA/NV Loan Agreement
    Mr James K. Avedzi 2:50 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of Ghana and Dexia Bank, Belgium SA/NV for an amount of €10,006, 174.40 for the partial financing of phase I of a Turnkey Construction of a drinking water facility for the city of Nsawam and the region north of the capital, Accra.
    Mr Speaker, I pressent the Committee's Report.
    1.0 Introduction
    The Loan Agreement between the Government of Ghana and Dexia Bank, Belgium SA/NV for an amount of ten million, six thousand, one hundred and seventy-four euros and forty cents (€10,006,174.40) for the partial financing of phase I of a Turnkey Construction of a drinking water facility for the city of Nsawam and the region north of the capital, Accra, was laid in the House on Friday, 17th December, 2010 and referred to the Finance Committee for consi- deration and report in accordance with
    article 181 of the 1992 Constitution and Order 171(1) of the Standing Orders of the House.
    The Committee met and considered the Agreement with the Minister for Finance and Economic Planning, Hon Dr Kwabena Duffuor and his Deputy, Hon Seth Terkpeh, the Minister for Water Resources, Works and Housing, Hon Alban S. K. Bagbin and officials from the Ministries of Finance and Economic Planning and Water Resources, Works and Housing and hereby present this Report to the House in accordance with Order 161 (1) of the Standing Orders of the House.
    2.0 Background
    Nsawam is the district capital of the Akuapem South District in the Eastern Region. It is located on the Accra-Kumasi road, about 35 kilometres north-west of the city of Accra.
    The Nsawam Water Supply was constructed in 1952/53 and the last rehabilitation was carried out in 2004/2005.
    The system is based on the abstraction of surface water from River Densu. The water supply system currently supplies six towns and villages around Nsawam, namely, Medie, Ntoaso No.1, Ntoaso No. 2, Owraku, Hebron and Adoagyiri.
    Presently, there is inadequate water supply in the area, which includes communities along the Accra-Kumasi road from Tantra Hill to Nsawam. The expansion and rehabilitation of the Nsawam water treatment plant to meet 2025 water demand for Nsawam and environs would make it possible to serve these communities along the road in the medium-term.
    The long-term water demand for Accra- Tema Metropolitan Area (ATMA) has been developed such that by 2025, these communities are to be disconnected from
    the Nsawam Water Supply system and connected to the ATMA system.
    3.0 Purpose of the Agreement
    The purpose of the loan is to obtain funds to part finance phase I of the construction of a drinking water facility for the city of Nsawam and its environs.
    4.0 Terms of the Loan
    The terms of the loan are as follows:
    Total contract amount -- €11,766,174.40
    A. Grant amount -- €1,760,000.00 (15 per cent of project cost)
    B. Loan amount -- €10,006,174.40
  • [MR CHIREH