Debates of 5 Nov 2011

MR SPEAKER
PRAYERS 11:10 a.m.
Mr Speaker 11:10 a.m.
Hon Members, I want to apologise for the late start of proceedings. We have been holding consultations in the Speaker's Lobby with Her Ladyship, the Chief Justice and the Chief Legislative Draftsperson as well as the Leadership of the House.
Hon Members, you will recall that yesterday, I read a communication from His Excellency the President, informing the House of the absence of both the President and the Vice President from the country.

Hon Members, you will also recall that on Thursday, 19th September, 2013, I assumed the functions of the President in accordance with article 60 (11) of the Constitution pursuant to which I subscribed to the oath set out in relation to the Office of the President.

Hon Members, Leadership, in consultation with the Chief Justice and the Chief Legislative Draftsperson of the Attorney-General's Department this

Hon Members, accordingly, I have assumed the Office --[Laughter] -- and this matter is concluded on this note. [Interruption.] We had an extensive deliberation this morning as I said earlier. That was why I delayed in entering the Chamber this morning.
Mr Joseph Osei-Owusu 11:10 a.m.
I thank you very much, Mr Speaker.
This is a very novel interpretation of the matters relating to a Speaker acting on behalf of the President when both the President and the Vice President are out of the jurisdiction or for some reason, are unable to perform their duties.
We would have loved to know how the conclusions that have been arrived at were done. This is because we would have thought that every specific occasion on which the Speaker or anybody else acts on behalf of the President, lapses with the effluxion of time.
So, that swearing in, I thought it had lapsed. [Interruption.] You were sworn in for that specific period for which you were acting. I thought that the appropriate thing, if the Constitution is to be respected, was for the Speaker on this occasion to be sworn in again before this House and not anywhere else and therefore --
Mr Speaker 11:10 a.m.
Hon Members, we had a long deliberation this morning.
The oath that I took -- if you look at the Presidential Oath which I took last year and you look at what is in the Constitution, they are not exactly the
same; we had to carry on certain innovation. This is because I was not elected. But if you look at the real Presidential Oath, it uses the words, “elected to the high office of the President”. So, a specific oath was drafted for me with the necessary modification, which I took last year. We need to look at that oath and the relevant provisions of the Constitution before you can --
Hon Members, I recollect that this is a constitutional matter. The Constitution is a living document and we need to look at it again and again and I can tell you -- I do not want to raise those matters -- This morning, in my lobby, a lot of interesting issues cropped up. I do not want to go there but I will want you to look at the oath I took last year, look at the relevant provisions of the Constitution and then if you have issues in the future, you can raise them but for now, that really, is the decision.
Yes?
Mr Mahama Ayariga 11:10 a.m.
Mr Speaker, your conclusion on this matter is very apt. [Uproar!] There is precedence. Anytime that the President leaves the Republic, the Vice President steps in and performs the functions of the President -- [Interruption] -- Mr Speaker, he does not always have to come and be sworn in as President for that period. So, your conclusion on the matter, is supported by this practice and tradition.
However, Mr Speaker, there is another matter that arises upon your assumption of office as the person performing the functions of a President, which you would need to also rule on and that is, while you are performing the functions of
President, can you also be presiding over the affairs of this House for those days that you are performing the functions of the President of the Republic of Ghana? You should also rule on that matter, so that we can have --
Mr Speaker 11:20 a.m.
Hon Minister, it will not be in your interest when I leave this Chair now. [Laughter.]
Yes, Hon Minister for Defence?
Dr Benjamin B. Kunbuor 11:20 a.m.
Mr Speaker, I guess that the ample authority on you performing both roles is a matter of the doctrine of necessity.
You were not born and it was ascribed to you. It is the Constitution that says the Speaker will step in at that appropriate time when the circumstances precedent become manifest. So, based on that principle of the doctrine of necessity, you cannot cede that role to any other person.
Mr Osei Kyei-Mensah-Bonsu 11:20 a.m.
Mr Speaker, for the time being, perhaps, we may have to live with this and then try to see how to build on this. Yes, it is agreed that whenever the President is absent and the Vice President assumes office as the President, he does not have to repeatedly come before Parliament to be sworn in; and the Hon Minister for Youth and Sports would know that the Speaker deliberately chose not to tread that path. But now that you have introduced it, may I remind you of what the relevant provision in the Constitution states, that is article 60(8):
“Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the functions of the President until the President returns or is able to perform his functions.”
Mr Osei Kyei-Mensah-Bonsu 11:20 a.m.


Now, article 60 (9) also provides:

So, if it must be done, it must be done here. That is why I indicated to you that the Speaker deliberately opted not to go there and should I remind you that article 60 (10) provides that:

“The Vice-President shall, upon assuming office as President under clause (6) of this article, nominate a person to the office of Vice- President subject to approval by Parliament.”

The Speaker deliberately opted not to go there. You are introducing another element. We are in a noble situation and I believe that we can make progress and from now on, begin to do what is right.
Dr Kunbuor 11:20 a.m.
Mr Speaker, we need to correct the records. We are dealing with two scenarios here. We are dealing with the situation in which the President is incapable of performing the functions of his office as one category and one in which the President is outside the jurisdiction.
The two are not the same and the Supreme Court has ruled amply on the one dealing with him being outside the jurisdiction. But as for the one with which he is incapable of performing his office, we experienced it with the demise of the former President in which the Vice President actually appeared here and subsequently took the oath. So, the two are different.
More significantly, Mr Speaker, why you can be a Speaker and perform the functions of a President is that, they did not say any other Ghanaian, they said in the absence of the President and the Vice President, it is the Speaker and if you are not the Speaker, you cannot perform that role.
So, you must be Speaker first before you can perform that role. And after getting into that role, you do not cease to be Speaker; the day you cease to be Speaker, you cease to perform that function.
Mr Speaker 11:20 a.m.
Hon Members, I will take the last two comments and then if the Hon Majority Leader wants to say something, I will grant him the audience.
Hon Member for Sekondi?
Papa Owusu-Ankomah 11:20 a.m.
Mr Speaker, just to say that these are very interesting academic arguments. We have business to discharge and all these things here are academic arguments.
I believe probably, Mr Speaker is soliciting the intellectual thoughts of Hon Members but these are all academic arguments. I am sure, at the appropriate time, when these issues become justiciable issues, the Supreme Court will decide.
Thank you.
Mr Haruna Iddrisu 11:20 a.m.
Mr Speaker, while recognising and congratulating you in assuming the dual responsibility as Speaker and President, let me just note
that yesterday, you sought to trivialise this important constitutional exercise here -- [Interruption.] Let me land; if I have to withdraw and apologise, I will. [Interruptions.] Mr Speaker, I withdraw “trivialise” for “downplay”.
Mr Speaker, yesterday, you sought to downplay, with sincere apologies, the significance of the ceremony of you assuming responsibility as conferred on you by the Constitution. I know that the Hon Atta Akyea sought to remind us that at no point in our constitutional democracy, should we allow power vacuum to operate in this country.
That is why I sought to use the word “downplay”. That we should not and indeed, following America's constitu- tional history, the power to declare war was what informed America's position not to allow for a second or a minute or an hour to pass with a vacuum in the running of the State machinery of the United States of America, to which we have borrowed many of our democratic ethos and values today.
So, I thought that for emphasis, we should congratulate you but we should also support you that whenever you have to assume this responsibility even for a minute, Mr Speaker, do not hesitate to do so, not just as respect to the Constitution and the Oath that you have subscribed to, but as a people, we recognise.
Mr Speaker, my final comment -- [Interruption.] I am not igniting debate; my final comment is to the Hon Minority Leader and also for tomorrow, that at all times, we must make a distinction between the President's absence from Ghana and the President's removal from office and the President being unable to perform the functions of the President. That will therefore guide a better decision tomorrow
Your reference to article 60 (10) was what worried me.
Thank you, Mr Speaker.
Mr Speaker 11:30 a.m.
Last comment, Hon Majority Leader?
Mr Alban S. K. Bagbin 11:30 a.m.
Mr Speaker, I believe that we need to relook at the constitutional provisions governing these matters. There seems to be a disparity between, maybe, what we intended to do and what we are practising, and what is actually captured in the Constitution. That is what Hon Haruna Iddrisu just landed with. This is because there is a vast difference among dying, resigning and removal, which is what article 60(6) talks about.
Then 60(8) talks about absence from Ghana or if for any other reason, unable to perform the functions. Then when it comes to the third leg, where the Speaker comes in, it only talks about “unable” -- that is both the President and the Vice President being unable to perform the functions of the President and that is where the Speaker comes in.
Now, absence from Ghana is not captured in article 60 (11) -- It is only able to perform. In this Information Technology (IT) age, I am not sure when the President is absent from Ghana, he will be unable to perform the functions as President of the Republic of Ghana. But some of the functions, like, presence at an occasion, you cannot be absent and be present at an occasion, So, we can say “unable”. But there is the need for us to try and expatiate on this provision better for purposes of clarity, so that -- I know the Supreme Court has delivered a judgement on that. We have to capture it in the document to prevent some of these debates.
You have rightly assumed the office of the President and as stated by Hon Dr Kunbuor, you cannot by law relinquish your position as Speaker in order to act as the President of Ghana —
Mr Alban S. K. Bagbin 11:30 a.m.


No! This is because you have to be a Speaker first before you can be the President and if you relinquish that position, it means that when you come back, we will have to re-elect you. That is necessary. That is not what the law has captured. It has been rightly done.

We have gone through all these arguments this morning with Her Ladyship the Chief Justice and the Chief Legislative Draftsperson in Mr Speaker's Lobby. So, all what Hon Members are saying — we have already gone through them and we thought that the view that we took was the right position. So, you are encouraged to go on and I solidly support your decision. You can rightly go and assume the duty of the President. I believe this House will continue sitting with your able deputies in your Chair.
Mr Speaker 11:30 a.m.
Hon Members, thank you very much.
That brings us to the end of this matter. Let us now make progress.
Hon Majority Leader?
Mr Bagbin 11:30 a.m.
Mr Speaker, I would humbly crave the indulgence of my Hon Colleagues and pray that we vary the order of Business on the Order Paper, so that we can move to Public Business to enable us take the presentation of some Bills before we go back to items 2 and 3 on the Order Paper.
Mr Speaker 11:30 a.m.
Hon Members, I have been informed that this Bill is quite an important one—It is just the presentation of it and the First Reading—It will not take more than a minute.
Hon Members, item 5 -- Presentation and First Reading of Bills—The Fisheries (Amendment) Bill, 2014.
BILLS — FIRST READING
Fisheries (Amendment) Bill, 2014
An Act to amend the Fisheries Act 2002, (Act 625) to give effect to international conservation and manage- ment obligations to empower the Minister to make regulations to combat illegal, unreported and unregulated fishing, in accordance with the international obligations of the Republic and to provide for related matters.
Presented by the Minister for Fisheries and Aquaculture Development (Ms Hanny-Sherry Ayittey).
Read the First time; referred to the Committee on Food, Agriculture and Cocoa Affairs.
Mr Speaker 11:30 a.m.
The Committee is also to determine and satisfy whether the Bill is of an urgent nature to be taken through all the stages in one day in accordance with Standing Order 119 of the House.
Mr Kyei-Mensah-Bonsu 11:30 a.m.
Mr Speaker, after the referral of the Bill to the relevant Committee -- Mr Speaker, you are reminding them of Standing Order 119, and really, I do not know the import of that reminder. You make a referral to the Committee for them to determine —
Mr Speaker 11:30 a.m.
It is just a gentle reminder —[Laughter.]
Mr Kyei-Mensah-Bonsu 11:30 a.m.
Mr Speaker, is it meant to stampede the Committee to come to the conclusion that the Bill is of an urgent nature?
Mr Speaker 11:30 a.m.
I see where you are coming from, but that should have been the practice of the House, to draw attention to Standing Order 119 — That has been the practice of the House and it is entirely the decision of the Committee. I am only drawing attention to Standing Order 119.
Mr Kyei-Mensah-Bonsu 11:30 a.m.
Mr Speaker, I will for the time being not want to debate this matter, but it is entirely within the remit of the Committee, which has a referral to determine whether it is of—And did not have to be stampeded by anybody.
Mr Speaker 11:30 a.m.
Absolutely.
Dr Anthony A . Osei 11:30 a.m.
Mr Speaker, I was wondering if President Adjaho does not have any functions to perform. [Laughter.]
Mr Speaker 11:30 a.m.
Hon Member for Old Tafo, you are completely out of order— [Laughter]
Hon Members, the First Deputy Speaker will take the Chair.
MR FIRST DEPUTY SPEAKER
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:38 a.m.
Mr First Deputy Speaker 11:38 a.m.
Hon Members, Correction of the Votes and Proceedings for Tuesday, 4th November,
2014.
Page 1. Any corrections, amendments, et cetera?
Mr Clement Kofi Humado 11:38 a.m.
Mr Speaker, I was present yesterday throughout the Sitting - body and soul but I did not find my name in the list of Hon Members who were present. I remember I even contributed to the Statement made by the Minister for Defence.—
Mr First Deputy Speaker 11:38 a.m.
Very well. Table Office, please, take note.
Page 5, 6, 7..
Mr Kwame Anyimadu-Antwi 11:38 a.m.
Mr Speaker, page 7, item 21, my name has been put down as being absent but I was present yesterday. I would be grateful if that correction is made.
Maj. Derek Oduro (retd): Mr Speaker, page 7, serial number 18, Hon Anaman, Francis K. (Wg. Cdr. [retd]) is on parliamentary duties outside and I believe he is there with other Hon Members of the Assurance Committee. He has been marked absent and I am sure all the Hon Members might have been also marked absent.
Mr First Deputy Speaker 11:38 a.m.
Please, take note —
Page 9...
Mr Effah-Baafi 11:38 a.m.
Mr Speaker, item 5, page 9, the last but one line; the word “corporate” should be co-operate.
Mr First Deputy Speaker 11:38 a.m.
Hon Member, I cannot hear you.
Mr Yaw Effah-Baafi 11:38 a.m.
Mr Speaker, paragraph 5 of page 9, the third paragraph, the word “corporate” should be “co- operate”—instead of “c o r p o r a t e”, it should be “C o- o p e r a t e”.
Mr First Deputy Speaker 11:38 a.m.
Very well. Table Office, please take note.
Mr First Deputy Speaker 11:40 a.m.
Page 10 -
13 --
Mr Effah-Baafi 11:40 a.m.
Mr Speaker, paragraph (3), number (iv), “Mawvice” should be “Maurice”.
Mr First Deputy Speaker 11:40 a.m.
Very well.
Pages 14 to 23 --
Mr Theophilus Chaie 11:40 a.m.
Mr Speaker, page 23, number (xiv), my name, instead of “Theophilus Tetteh Chaie” it has been written “David Tetteh Chaie”. So, I would want the correction to be made.
Mr First Deputy Speaker 11:40 a.m.
Thank you.
Please, effect the correction.
Pages 24 . . . 28 [Pause.].
Hon Members, the Votes and Proceedings of 4th November, 2014, as corrected are hereby adopted as the true record of proceedings.
Mr First Deputy Speaker 11:40 a.m.
Hon Members, Question time.
Hon Majority Leader, yes?
Dr Richard W. Anane 11:40 a.m.
Mr Speaker, before we go on, in February this year, we raised a Private Member's Motion on the practice and pilot of capitation in the Ashanti Region.
The Rt Hon Speaker then took notice of this private Member's Motion and recognised its natural importance and therefore, granted that this be approached from a bi-partisan standpoint.
Mr Speaker, in May this year, this was concluded and the Minister responsible for Health was expected to come to this House in about four weeks' time to brief the House.
Mr Speaker, over the period, there were a few events like the reshuffling of the ministerial positions as well as the recesses in the year.
Mr Speaker, in view of this, the Hon Minister was disabled from coming to brief the House. I wish to seek your guidance on this matter now that we have a substantive Hon Minister for Health, and now that Parliament has resumed, this issue could be taken up.
Thank you, Mr Speaker.
Mr First Deputy Leader 11:40 a.m.
Well, Hon Majority Leader?
Mr Bagbin 11:40 a.m.
Mr Speaker, my attention has been drawn to this matter and I am taking it up. I am in consultation with the Ministers to come and respond to the issues raised. So, he is right. It is still on- going. We will get them to come and brief the House.
Mr Speaker, the Hon Minister for Youth and Sports is available to answer the Question.
Mr First Deputy Speaker 11:40 a.m.
Yes, Hon Minister?
Dr A. A. Osei 11:40 a.m.
Yesterday, Mr Speaker ruled that we needed time to look at the Official Reports, and that today when we got here, we would go through about five or six of them. So, I thought at least, we would do that before hearing the Hon Minister.
Mr First Deputy Speaker 11:40 a.m.
Very well. Thank you very much for the reminder.
So, we will look at the Official Reports before we come to Question time.
Yes, Hon Majority Leader?
Mr Bagbin 11:40 a.m.
Mr Speaker, I would want to plead with my Hon Colleague to let us look at it tomorrow. I am sure because of the pressure this morning, a number of us have not brought our copies. They are not here with us. So, if we could send it to tomorrow and notice would be given to all Hon Members that they should bring their Official Reports, for us to go through them tomorrow before we go to Public Business.
Mr First Deputy Speaker 11:40 a.m.
Yes, Hon Member for Old Tafo?
Dr A. A. Osei 11:40 a.m.
Mr Speaker, there is no objection. Since they gave us homework, I spent the night reading through them. So, I thought that we would go through them. But that notwithstanding, we should agree with the -- [Interruption.]
Mr First Deputy Speaker 11:40 a.m.
Order! Order!
So, we defer that to tomorrow.
Very well, Hon Majority Leader?
Mr Bagbin 11:40 a.m.
Mr Speaker, as indicated earlier, the Hon Minister for Youth and Sports is present in the House and he is ready and willing to respond to the Question that stands in the name of Hon Justice Joe Appiah, the Member of Parliament for Ablekuma North.
We are ready.
Mr First Deputy Speaker 11:40 a.m.
Very well.
Hon Members, Question number 165 standing in the name of Hon Justice Joe Appiah.
Yes, Hon Justice Joe Appiah, you have the floor.
ORAL ANSWERS TO QUESTIONS 11:40 a.m.
MINISTRY OF YOUTH AND 11:40 a.m.
SPORTS 11:40 a.m.
Minister for Youth and Sports (Mr Mahama Ayariga) 11:40 a.m.
Mr Speaker, as this august House is aware, H.E. the President and for that matter, Government, has set up a Presidential Commission to probe into
the preparation and participation of the Black Stars in the 2014 World Cup Tournament in Brazil.
The Commission, which is housed in the Media Centre of the Accra Sports Stadium commenced sitting in August,
2014.
So far, a number of stakeholders, including Ministers of State, officials of the Ministry and the Ghana Football Association (GFA), officials of the Ghana- Brazil World Cup Secretariat, Travel and Tour operators, Caterers, Coalition of Supporters Unions of Ghana and other interested parties have appeared before the Commission.
The proceedings of the Commission are carried live on both television and radio across the country.
The budget for the tournament and the eventual expenditure are among matters being considered by the Commission.
Accordingly, I wish to respectfully plead with you, Mr Speaker and my Colleague Members of Parliament to allow the Commission to finalise and submit its report, together with the details of all that transpired regarding Ghana's participation in the 2014 FIFA World Cup to be made available to the House.
Mr First Deputy Speaker 11:40 a.m.
Yes, Hon Member?
Mr J. J. Appiah 11:50 a.m.
Mr Speaker, can the Minister give us the breakdown of the air fares, the bonuses, the appearance fees, hotel accommodation and expenditure of the supporters and stakeholders?
Mr First Deputy Speaker 11:50 a.m.
Hon Member, I thought if you listened to the Answer that he gave, he said because of the work being carried out by the Commission, he was praying that we hold on until the Commission's Report was made available and then if we needed to revisit the Question, we would do so.
Mr J. J. Appiah 11:50 a.m.
Mr Speaker admitted this Question and this is the Parliament of Ghana. The Legislature can also ask this Question on the floor of the House.
Mr Speaker had already admitted this Question. So, the House wants the answers from him because they are very important. The Legislature is different from the Executive. So, we want answers for this Question.
Mr First Deputy Speaker 11:50 a.m.
Very well.
Hon Minister?
Mr Ayariga 11:50 a.m.
Thank you very much, Mr Speaker.
According to our Constitution, a commission of enquiry is a quasi-judicial body, which is independent and its work should not be interfered with by any other arm of Government, be it the Executive, the Legislature or some other institution.
Therefore Mr Speaker, while I agree that it is important for the House to have the information, the process that the Commission is going through would actually give us a better picture of what exactly happened and that will also explain the financial expenditure that is involved.
So, I still plead with this House that we allow the Commission of Enquiry to complete its work, present a report and in the report we will also have an indication of the financial expenditure of the World Cup 2014.
Mr J. J. Appiah 11:50 a.m.
Mr Speaker, Parliament approved the budget and Parliament wants to know the answers; we must get the answers right away from the Minister. The Committee cannot ask questions: Ghanaians and this House want to know. So, the Hon Minister should answer this Question.
Mr First Deputy Speaker 11:50 a.m.
Hon Members, before I give the floor to the Hon Minister, I want us to look closely at the point he raised concerning the status of a commission and the fact that we do
not want to interfere with proceedings before a court of competent jurisdiction.
At the end of the proceedings, a report will be submitted and all the processes would have been gone through. If at the end of it, you still think that we need to file a Question like that, the floor will be open. It is not as if we are shutting it out completely, but because of the judicial processes taking place, we need to be fair.
Yes, Hon Minister?
Mr Ayariga 11:50 a.m.
Mr Speaker, as I indicated, because the matters are already before a constitutional commission of enquiry, I believe that Hon Members should kindly allow the process to be completed, then we can have the full details of the expenditure on Ghana Black Stars' participation in the World Cup 2014.
I believe that constitutionally, that is the appropriate thing to do. Otherwise, while the Ministry is interrogating the expenditure, the Commission is also interrogating the same issues. Apart from this being duplication of efforts in terms of public expenditure, it will also amount to some form of interference in the work of the Commission.
It is on that basis that the Ministry has stayed away from carrying out an independent process of verifying exactly how much was spent on Ghana's participation in the 2014 World Cup.
Mr J. J. Appiah 11:50 a.m.
Mr Speaker, we have three arms of Government -- the Executive, the Legislature and the Judiciary. It looks as if Parliament is being reduced to public ridicule and we do not want any Executive interference. So, Mr Minister --
Mr First Deputy Speaker 11:50 a.m.
Hon Member, have you not exhausted your follow-up questions?
Mr J. J. Appiah 11:50 a.m.
Yes, I have follow-up questions, but he does not want to answer the questions.
Parliament is a very powerful institution and we do not want to subject it to public ridicule. So, I have a Question to ask of the Hon Minister and we need answers.
I thought the Hon Minister was armed with the answers. Mr Speaker, we want answers in this House and he cannot dodge this Question.
Mr First Deputy Speaker 11:50 a.m.
Hon Members, I want us to look at the terms of reference of this Commission. If we look at the terms of reference, it will assist us to determine whether it is an issue before the Commission.
Hon Minister, can you assist us in that regard?
Mr Ayariga 11:50 a.m.
Mr Speaker, the Com- mission of Enquiry into matters relating to the participation of the Ghana Black Stars in the World Cup Tournament in Brazil 2014 was set up by Constitutional Instrument 82 and the terms of reference are:
a. to inquire into matters relating to
i. the preparation of the Ghana Black Stars Team for the tournament and possible lapses which might have caused the early exit of the team from the tournament;
ii. the management of the Ghana Black Stars Team and events in their camp during the tourna- ment; and
iii. Ghana's treatment of Ghanaian football fans who were sent to support the Black Stars by the Ministry of Youth and Sports;
(b) to advise Government on the financing of the activities of the senior national team and other national teams;
(c) to inquire into all other matters of public interest concerning the organization of Ghana's Black Stars' participation in the Tourna- ment; and
(d) to make recommendations to the Government for ensuring that, as far as practicable all the findings are imple- mented.”
Mr Speaker, if you look at paragraph (c),
“to inquire into all other matters of public interest concerning the organization of Ghana's Black Stars' participation in the Tournament”
Having regard to the circumstances leading to establishment of the Commission, it had to do with financial issues, basically, the issue of funds being sent to them, how the funds were disbursed, et cetera. Those were really the issues that tr iggered the esta- blishment of the Commission.
The issue of how much money was expended in the participation of Ghana's team, it is an integral part of the work of the Commission.
For the Ministry, after it is aware that the President has set up a Commission to do that -- Also, going to carry out an independent process, in my opinion, it will amount to a duplication of effort. That is why I plead that this House allows the Commission to complete its exercise and then we will know.
Indeed, during the hearings --We all witnessed exactly how the proceedings went and the financial issues that the Commission is dealing with publicly.
Mr Ayariga 11:50 a.m.


I still urge Hon Members to allow the Commission to complete its work and then we can have the full report which will detail the financial issues for our consideration.
rose
Mr First Deputy Speaker 11:50 a.m.
Yes, Hon O. B. Amoah?
Mr Osei B. Amoah noon
Mr Speaker, I believe the Hon Minister is treading on very dangerous ground. Mr Speaker saw it very fit to admit this Question. Now, the Hon Minister is telling us that he will only tell us the cost of the tournament before the Commission, but not before this House. That is number one.
Two: He is saying that until the Commission has completed its work, he cannot give us the cost of the tournament. He should know that if he should go on that tangent, then it means that until the Commission completes its work, this House cannot consider the budget of that Ministry.
This House cannot consider the budget of that Ministry because the budget would have to tell us how much has been spent this year and how much they would want to spend next year, which would then involve the cost of the tournament. So, if he cannot just come to this House to say how much Government approved, how much they spent and probably, leave it there -- But to say that: “Indeed, because it is before the Commission, I can only tell the Commission but not this House” then with all due respect, I believe that he is telling us that we should wait until the Commission has completed its work before considering the budget of the Ministry, and that would be very dangerous.
Mr First Deputy Speaker noon
Yes, Hon Minister?
Mr Ayariga noon
Mr Speaker, that is not what I am saying. What I have said, Mr Speaker -- [Interruption.]
Mr First Deputy Speaker noon
Order!
Mr Ayariga noon
What I have said, Mr Speaker, is that a process recognised by the Constitution has been put in place, which process, when completed, would provide us with adequate information on exactly how much was spent on our participation in the tournament. I am therefore, urging this House to allow that process to be completed.
Mr Speaker, it is the same thing as if we wanted to know exactly how much was spent from public funds. That is the process that is carried out through the auditing system and we have the Auditor- General who will carry out that process.
Mr Speaker, you will also know that in terms of our participation in the tournament, apart from public funds, there were also privately supported initiatives. So, the process of determining all that is something the Commission will do, and give us a comprehensive picture of exactly how much was spent, and given that, that process is constitutional, it is perfectly legal.
It is appropriate for us to allow the process to be completed, then we will have a more comprehensive -- more detailed information on exactly how much was spent and we can bring that information to the House, so that the House will have a full picture of exactly how much was spent on Ghana's participation in the World Cup in Brazil 2014.
Mr Speaker, it has not got anything to do with the budgeting process for the Ministry in the coming year. I think it has
Mr First Deputy Speaker noon
Order! Hon Members, order!
Mr Ayariga noon
What was spent from the budget -- So, I plead that we should not try to establish the kind of relationship that the Hon Member is trying to establish between the work of the Commission, accounting for it and the budget for next year.
Ms Sarah A. Safo noon
Thank you very much, Mr Speaker, for allowing me to contribute to the Question that the Hon Minister is trying to evade.
Mr Speaker, the Hon Minister keeps making a submission that the Commission of Inquiry is carrying out a job that is mandated by the Constitution. With the greatest of respect, this is an institution well established and mandated with oversight function by the same Constitution.
If this Honourable House is asking the Minister not to now manufacture any document of details of expenditure but that this document already exists in his Ministry, then it is not performing any repetitive duty if this House is requesting that we would want to see the details of how moneys were spent. These are moneys for the good people of Ghana.
To say that a presidential commission of enquiry is doing its work, and for that matter, the hands of Parliament are tied, Mr Speaker, it is an indictment on this institution. So, I am calling on the Hon Minister -- Since he is an Hon Member of Parliament, he knows the rules of this House. He knows what the Constitution says about this House. We have all the
authority and all the jurisdiction to request for this information, whether it is with the Commission.
Mr Ayariga noon
Mr Speaker, indeed, a commission of inquiry is one of the tools that this House can use to enquire into matters of public interest. Article 278 (1) (c) of the Constitution says, and with your permission, I beg to quote:
(c) Parliament, by a resolution requests that a commission of inquiry be appointed to inquire into any matter, specified in the resolution as being a matter of public importance.”
So, if Parliament also decides that the issue of how much was spent is a matter of public importance, Parliament can, by a resolution, request that a commission of inquiry should carry out an inquiry to report on the matter.
Mr Speaker, I am making reference to article 278 of the 1992 Constitution on the basis that the instrument of a commission of inquiry is not an undermining of the institution of Parliament. This is because it is an instrument that is equally available to the institution of Parliament. This is for ascertaining any matter of public interest, such as how much money was spent on Ghana's participation in a tournament.
Once that instrument has been used by the President, it all serves the collective interest of enquiring, ascertaining the information, and making the information available to all institutions of Government, including the general public. It is on that basis that I plead with this House, that we allow that instrument, assuming that we had set it up, to complete its process and the information would be available to all of us.
Mr Kyei-Mensah-Bonsu 12:10 p.m.
Mr Speaker, I am not really asking a question, but just what he has said. Does the Hon Minister know that this House cannot set up that commission of inquiry? It is for the President to come by that Instrument and not this House. Does he know that?
Mr Ayariga 12:10 p.m.
Mr Speaker, yes, I said it was an Instrument available to this House, and I specifically quoted the provisions which say that Parliament, by a resolution, can request that a commission of inquiry be appointed to inquire into any matter. So, I am saying that it is an Instrument that is available -- [Interruption.]
Mr First Deputy Speaker 12:10 p.m.
Order! Hon Minister, please, address the Chair.
Mr Ayariga 12:10 p.m.
Mr Speaker, I said that it was an Instrument available to this House and I quoted article 278 of the 1992 Constitution as the basis for that submission, that it is an Instrument that is available to this House.
The issue is about process. The process is that, it is by a resolution of this House requesting the President to set up the commission of inquiry. That is a legitimate mechanism for determining how much was spent, and once that mechanism has been put in place, I urge this House to allow it to complete its work, then we will have the information publicly and also before this House.
rose
Mr First Deputy Speaker 12:10 p.m.
Yes, Hon Member for Sekondi?
Papa Owusu-Ankomah 12:10 p.m.
Mr Speaker, I am not really asking a question but I am requesting, respectfully, that on the basis of the Answer submitted, probably, you
invite Hon Members to proffer arguments on this, so that you give a ruling because the Answer is no answer. It is a refusal to answer a Question posed by an Hon Member of this House -- a Question admitted by Mr Speaker.
I even thought that this ought to be in the form of a letter or a statement, so that Mr Speaker, you can give a ruling. If you look at the Standing Orders, the only time where Parliament may be prevented from debating or discussing a matter is when judicial decision is pending and the argument would undermine the work of the court. He is eliciting the fact, the figure --
The Commission of Inquiry is an entirely different institution. Its functions are completely different, and a Question by an Hon Member of Parliament (MP) is also completely different. So, I am inviting Mr Speaker to rule that this is no Answer and that the Hon Minister should submit an Answer. This is because it really undermines the whole purpose of Question time in Parliament.
I refer Mr Speaker to the argument proffered by the Hon Minister, even seeking to prevent this House from taking a decision by trying to muscle the House with this Commission of Inquiry. This should be entertained at all. This undermines the work of Parliament. Why should Parliament's hands be tied?
I say this because Mr Speaker himself admitted this Question. If the Question was improper, Mr Speaker would not have admitted it and he knows of this Commission of Inquiry. I believe that this Answer is a complete affront to the House and ought not to be countenanced. I am inviting Mr Speaker to let us -- The Answer he has given is just raising a debate. He is not answering the Question.
rose
Mr First Deputy Speaker 12:10 p.m.
Hon Quashigah, are you up on a point of order?
Mr Quashigah 12:10 p.m.
Righly so, Mr Speaker.
Mr First Deputy Speaker 12:10 p.m.
What is it?
Mr Quashigah 12:10 p.m.
Mr Speaker, Order 68 (6) says and with your permission, I beg to quote:
“When any Question has been asked and answered, no debate on it shall be permitted.”
Mr Speaker, it is obvious that the Question has been asked and the Hon Minister for Youth and Sports has appropriately addressed the issue; he gave an Answer. His Answer must not necessarily go down well with every Hon Member, and for which reason, as long as this is generating into a debate, it is against the Standing Orders and it must be curtailed.
Mr Speaker, the Hon Minister has answered the Question, and if any Member wants to come forward with a supplementary question, there are procedures spelt out in Order 69. I would crave the indulgence of our Hon Colleagues on the other side to do what is right by following the Standing Orders.
Thank you, Mr Speaker.
Papa Owusu-Ankomah 12:10 p.m.
Mr Speaker, the Hon Member for Keta said this is an Answer. The Question was: “How much was spent?” And the Answer is:
“I wish to respectfully plead with you, Mr Speaker and my Colleague Members of Parliament to allow the Commission to finalise…”
That is not an Answer. And on the basis of that, he cannot say that the Hon Minister has answered the Question. I am submitting that this is no Answer. He has raised a very important legal point which bothers on the powers of this House. I am saying that he cannot raise it in a Question; it is a matter that must be ruled upon by Mr Speaker. That is all I am saying.
Mr Speaker, I personally feel very strongly about this matter. We should not have a situation where the Executive should determine how and when Parliament should exercise its powers. It is a matter to be decided by this House and you are the very embodiment of the powers of this House. I do not believe that we should let this matter go by. No! It is a very serious matter.
Mr First Deputy Speaker 12:10 p.m.
Order!
Papa Owusu-Ankomah 12:10 p.m.
Mr Speaker wrongly admitted it -- [Pause].
Mr First Deputy Speaker 12:10 p.m.
Yes, Hon Minister?
Mr Ayariga 12:10 p.m.
Mr Speaker, my understanding is that Hon Papa Owusu- Ankomah was not asking a question; he was raising a point on a procedural matter for you to rule on whether, under the kind of circumstances that we find ourselves, it is appropriate for one to say that once the matter is before a commission of inquiry, this House should not be provided with an information that the commission is seeking. That is the issue that he has raised. If Mr Speaker would want to admit legal responses to the issues that he has raised, I am very glad to proceed along those facts.
Mr Speaker, in my opinion, the gravamen of the issue here is, a commission of inquiry is not an Executive institution. It is a quasi-judicial body and this House has long held a tradition that when a matter is before the Judiciary, as much as possible, it abstains from considering the matter. This House has long held that position.
rose
Mr First Deputy Speaker 12:10 p.m.
Hon Member for Old Tafo, can you allow him to finish making his point, then we can listen to you --
Dr A. A. Osei 12:10 p.m.
Mr Speaker, there is a point of order. He is misleading the House. With your permission, let me quote the proper Standing Order.
Mr First Deputy Speaker 12:10 p.m.
This is Question time; you are not supposed to be debating. So, allow him to land and if you have any issue you will want to raise, you would do that.
Yes, Hon Minister?
Mr Ayariga 12:20 p.m.
That is why, Mr Speaker, when the Question was asked and admitted by Mr Speaker, I gave this response, as the Hon Member said. If Mr Speaker rules that as a Minister I should go and get that information and bring it to this Honourable House, I would do that. But if the matter is raised as a violation of the Constitution, I would have a legal response.
So, on that basis, Mr Speaker, it is appropriate to consider the Question that has been raised about whether if a matter is before a commission of inquiry and a Question is asked about it, the Hon Minister can, on the floor of the House, respond to those issues.
My answer is that the matter is before a Commission of Inquiry. The issue of how much money was spent on Ghana's participation, -- that is the Question. And I am saying that, that is being ascertained by the Commission of Inquiry --[Interruption.] I said, that is a matter that is before the Commission of Inquiry and I am urging this House to wait for that process to be completed.
In addition, I am saying that a commission of inquiry is a legitimate Instrument for ascertaining facts and it is recognised by our Constitution. Once it is a legitimate Instrument in our Constitution for ascertaining facts, and the Government has put in motion that Instrument to ascertain the facts, and an Hon Member asked a Question about the facts, and the Hon Minister comes and says that finding out those facts is being carried out by a legitimate Instrument --
So,he should please, wait for that process to be completed and then we can provide him with the findings of the Commission -- This is a very plausible and legitimate response to the Question that has been asked.
rose
Mr Speaker 12:20 p.m.
Yes, Hon Minority Leader, and then Hon Muntaka.
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, our Standing Orders provide in clause 93(1), that;
“Reference shall not be made to any matter on which judicial decision is pending in such a way as may, in the opinion of Mr Speaker, prejudice the interest of parties to the action.”
Then clause 66 is on the admissibility of Questions. Mr Speaker has admitted this Question. Would the findings of the Commission of Inquiry amount to a judicial decision? Obviously, no. So, this resort to seek refuge under that umbrella, Mr Speaker, should collapse in the face of the Hon Minister. That is no resort at all.
Mr Speaker has admitted the Question and the Hon Minister admits that Parliament is the body charged with the oversight responsibility of these bodies. The Question is asked of the Hon Minister for Youth and Sports to provide the cost incurred at the 2014 World Cup tournament in Brazil and the Hon Minister is saying that because there is a commission of inquiry, he cannot tell us the cost.
Mr Speaker, what is this? I would suggest to the Hon Minister and to this House, that this action of the Hon Minister is in obvious violation of article 122 of the Constitution. This is because he is seeking by that resort to impede Parliament from performing our functions.
Some Hon Members 12:20 p.m.
Yes.
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, article 122 of the 1992 Constitutions states,
“An act or omission which obstructs or impedes Parliament in
the performance of its functions or which obstructs or impedes a member or officer of Parliament in the discharge of his duties, or affronts the dignity of Parliament or which tends either directly or indirectly to produce that result, is contempt of Parliament.”
Mr Speaker, I would suggest to the Hon Minister that this conduct of his -- a Minister of State -- he should watch it. It is this same Hon Minister who, when he knew that there was a Motion in this Parliament which had been admitted by Mr Speaker to constitute a committee to investigate this, it was this same Hon Minister, who is also a Member of Parliament, who went out to say that he, as a Minister, had set up a ministerial committee to deal with it. Before then, the President, two days after the defeat of the national team by Portugal, had come out to say that he was ordering a committee of inquiry to be set up.
The day after, when the President's attention was drawn to the fact that if care was not taken, what the Hon Minister was suggesting could incur the wrath of FIFA, then the President's spokesperson came to amend what the President said by indicating to Ghanaians that: Oh “he was saying that he was only directing the Ghana Football Association (GFA) to set up a committee.” That was four days after the defeat.
The question to pose to the Hon Minister is, what has become of those committees -- the ministerial committee first established by the President; the one that he said he was directing the Ghana Football Association (GFA) to form to investigate their own affairs; and the one that the Minister set up -- the ministerial committee? What has become of all those committees?
Alhaji Muntaka 12:20 p.m.
Mr Speaker, this is Question time and it is worrying that it has turned into a debate. The Answer that has been provided by the Hon Minister, as indicated by the Hon Member who asked the Question, is not adequate.
Mr Speaker, it is for you to rule, that the Answer is in adequate and therefore,
the Hon Minister should go and come again, so that we do not have to be going back and forth. The Question that has been answered, in your opinion, is not properly answered, and therefore, the Hon Minister should go and bring the Answer. That will end all these rather than we arguing. It is not going to help us in any way.
Mr Speaker, I will be very grateful if you will rule and end this --
Mr First Deputy Speaker 12:30 p.m.
Order!
Alhaji Muntaka 12:30 p.m.
If the Answer provided is not adequate, the Hon Minister should get us the Answer. That will be a better position than arguing over whether the Answer is right.
Mr Speaker, I would be grateful if you will make that ruling, so that we can make progress.
Mr First Deputy Speaker 12:30 p.m.
Yes, Hon Minister?
In the meantime, I will like to inform the House that I have requested for some information from the Table Office, and I am sure that very soon, I will have it.
Mr Ayariga 12:30 p.m.
Mr Speaker, the matter is, in my opinion, a simple and straight forward one.
There is a Question which asked for a piece of information and I have come to the House to say that the Executive arm of Government, of which I am part, has put in place a mechanism for ascertaining that information, and that is a constitutional commission of inquiry. Therefore, the House should wait for that process to terminate and the information would be made available to the Executive, which I will bring to this House.

I have sought to make a point that, that Instrument is a perfectly legitimate constitutional one, which is not only available to the Executive, but equally available to the Legislature, anytime the Legislature also wants to find out information of a certain kind, that is, information of a matter of public interest
-- 12:30 p.m.
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Mr Speaker, the Hon Minister made some attributions to the Hon Majority Leader. The Hon Majority Leader is not in the House, and he has not spoken to any matter. So, I would not want to go that way.
The simple question to the Hon
Minister is this 12:30 p.m.
If today, the Commission of Inquiry, the setting up of which some of us in this House disagreed with -- summons him and asks him the simple question of how much was involved, would he answer that question? And if he will answer the question, as I know he will, between Parliament and that Commission, which is the superior body?
He wants to make some disclosure to that Commission, and he does not want to make the same disclosure to Parliament?
Mr First Deputy Speaker 12:30 p.m.
Yes, Hon Minister, for the last time. We should not continue with this debate. I will listen to you and then I will rule.
Mr Ayariga 12:30 p.m.
Mr Speaker, the question was, if the Commission of Inquiry invites me and puts this same question to me, whether I will provide responses.
Mr Speaker, this still boils down to the legal issues that I have raised.
The Commission of Inquiry is a constitutional body, an institution set up by our Constitution just as others have been set up by the Constitution and given specific mandates. I said that if they asked the question in furtherance of the process of finding out, so that they can inform all of us -- Administratively, they have invited the Chief Director and the Finance Officers of the Ministry. They have also invited the Ghana Football Association.
They have also invited so many institutions that are involved in the financial matters relating to our participation in the 2014 tournament.
It is all these information, which when put together, will provide us with a better picture of exactly what happened. That is why we should wait for that information to be made available to us by the Commission.
Thank you, Mr Speaker.
Mr First Deputy Speaker 12:30 p.m.
Hon Members, I do not think you want to toe that same line.
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Mr Speaker, may we invite you to rule on this matter?
Mr First Deputy Speaker 12:30 p.m.
Yes, Hon Members, I want to rule on this matter.
First of all, it is pertinent to note that the Question was admitted by Mr Speaker on the 2nd of July, 2014, and this Commission of Inquiry was set by Gazette notice dated 15 th August, 2014. So, certainly, the Question was admitted before the Commission was set up.
So, the point being made that Mr Speaker admitted the Question despite the fact that he knew of the existence of a commission of inquiry, it does not hold any water.
In the same breath, in order to strengthen the institution of Parliament, I would like to direct that the Hon Minister be given time. We will consult him how much time he would need to provide us with the Answer to the Question with regard to the details.
Hon Minister, how much time do you need to carry out an exercise like that? Two weeks, one month? Tell us.
Mr Ayariga 12:40 p.m.
Thank you very much, Mr Speaker, for your decision on the matter.
The issue of how much time, I am unable to give you. I would have to confer with the administrative machinery of the Ministry. Mr Speaker, obviously, has the discretion and authority to fix a time limit within which the administrative machinery must work and produce the result. But if you ask me how much time, I would not be able to say without conferring with the Audit Department and other agencies.
But if you give a time limit which we have to work within, we would make efforts to work within that. If we are unable, we would definitely get back and let you know.
Mr First Deputy Speaker 12:40 p.m.
Very well.
Hon Members, I have taken this decision because by Order 93 (1) of the Standing Orders, I do not think furnishing
Mr Ayariga 12:40 p.m.
Thank you very much, Mr Speaker. We will definitely work within that time frame.
Mr First Deputy Speaker 12:40 p.m.
Thank you very much.
Hon Deputy Majority Leader?
Mr Alfred Kwame Agbesi 12:40 p.m.
Mr Speaker, the technicians who installed these gadgets have to take us through the use of the gadgets. At this stage, I beg to move, that the House adjourns till tomorrow at 10.00 o'clock in the forenoon to enable us go through this process.
Mr Dominic B. A. Nitiwul 12:40 p.m.
Mr Speaker, just before I second the Motion, I was just wondering about this seaman coat that my Colleague is wearing. Is he just arriving from the Tema Port? The seaman coat he is wearing, is he just arriving from the Tema Port? [Laughter]
Mr First Deputy Speaker 12:40 p.m.
Hon Deputy Minority Leader, you are out of order. Please respond to the Motion.
Mr Nitiwul 12:40 p.m.
I beg to second the Motion.
rose
Mr First Deputy Speaker 12:40 p.m.
Hon Minority Leader, do you want to say something?
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I got the impression that after adjournment, we were going to make ourselves available for the orientation which we could not have yesterday. I thought the Deputy Majority Leader was going to relate to that, and if it is so, then Members would be required to stay behind in order for us to do that. The orientation that was supposed to have been held yesterday would be held today, and if it is on, then Members would be required to stay behind once we adjourn.
That was the point that I wanted to solicit from him.
Mr First Deputy Speaker 12:40 p.m.
Yes, Deputy Majority Leader?
Mr Agbesi 12:40 p.m.
Mr Speaker, we are therefore, appealing to Hon Members to stay after adjournment for the orientation to take place. That is the intention.
Hon Members, we have orientation just after adjournment, so, please, do stay behind for the orientation.
Thank you.
ADJOURNMENT 12:40 p.m.