Debates of 13 Mar 2012

MADAM SPEAKER
PRAYERS

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT

Madam Speaker
Hon Members, we have the Official Report of Friday, the 2th of March, 2012.
Any corrections?
Mr Dominic Nitiwul
Madam Speaker, I have some correction on column 2078, paragraph 2. Madam Speaker, the correct thing should read:
"Madam Speaker, let us go to the expenditure. In eight years, the figures released by the Bank of Ghana -- President Kufuor spent GH¢3 1.24 billion."
It is not "GH¢43 1.24 billion". That should be the correct figure there.
Madam Speaker
So you take out the "I" at the end?
Mr Nitiwul No, you take out the "4." So it is "GH¢3 1.24 billion"; and "In three

years President Mills has spent GH¢35 .1 1 billion." That one is correct, but the first one is wrong; it is "GI-I ¢31.24 billion".

Thank you, Madam Speaker.
Madam Speaker
Any other corrections? [Pause]
Madam Speaker
Leader, is item (3) coming on?
Mr Cletus A. Avoka Madam Speaker, due to circumstances beyond the control of the Hon Minister for Environment, Science and Technology, she has requested that she be programmed to appear before the House to answer her Questions either tomorrow or Thursday.
She is out of the jurisdiction of Accra now. In the circumstances we will take item numbers 5, 6 and '7 in that order. I apologize for the hitch.
Madam Speaker
Item number 5 -
Presentation of Papers-
Mr Avoka
Madam Speaker, with your kind permission, I would want to apply for the Minister of State at the Office of the President to lay the Paper under item 5 for and on behalf of the Minister for Finance and Economic Planning.
Madam Speaker
Is it 5(i) and (ii)?
Mr Avoka
That is so -- items 5(i) and
PAPERS

DrAnthony A. Osei
Madam Speaker, before we go on to the next one, I would need your guidance, so that we can clear some matter.
The Paper has some request for waiver of taxes to some unknown entity. We do not know who the request is for. So I think that Paper cannot be said to be ready to be laid. It is just a blank request to an unknown entity and I believe it is not proper.
Madam Speaker".Yes, Hon Leader, item 5(ii) -the tax waiver--
Mr Avoka I appreciate that. I thought that the "and" there refers to the companies that are involved in the earlier agreement, that is, where the major loan" agreement, the 115 million US dollars is. It is a known company that is going to do

the work. That is why it is an "AND" there. So it is not standing on its own and therefore, the company is unknown.
Dr A. A. Osei
Madam Speaker, I think that it is better it is corrected before we lay it, so that we know for sure this company, rather than saying that we should assume. It is not obvious. So I will crave your indulgence to allow the Hon Minister of State to amend it, so that we can lay it properly; otherwise, it will become contentious later.
Madam Speaker
Leader, can you do it now or you want it - 5 (ii), "can you do something now or should we stand it down?
Mr Avoka
Yes. But I would want to explain that, first, it is a loan agreement and then a consequential or complementary request for a tax waiver in respect of the equipment that they will be buying to -
Madam Speaker
That is accepted but let us put it properly then; put it in items (ii) properly.
Mr Avoka
You mean, we should delete the "and" and let -
Madam Speaker
Whether you delete it or not -
DrA. A. Osei
Madam Speaker, if the Hon Majority Leader will crave my indulgence, I will assist him.
Madam Speaker
Yes. Assist the House.
Madam Speaker
All right. If we get -that rendition, then I think we can lay it.
Mr Avoka
I thank you, Hon Member for Old Tafo.
Madam Speaker
Yes; so the proper rendition would be read when you lay it.
Mr Azumah
Madam Speaker, I do not know Whether the amendment done holds or I need to add to it.
Madam Speaker
Well, the Hon Leader has agreed to it. Let us lay it. The Clerk will read the proper rendition before we refer it.
Mr Azumah
Very well.
By the Minister of Stare (Mr Dominic A. Azumah) (on behalf of the .Minister for Finance and Economic Planning) -
(ii) A request for waiver of taxes and duties on equipment/ materials to be imported or purchased locally by Befesa Desalination Development Ghana Limited amounting to thirty million, three hundred and twenty- seven thousand, three hundred and thirty United States dollars (US$30,327,330.00) spanning the twenty-five (25) year contract duration and corporate taxes amounting to forty-tWo million, five hundred thousand United States dollars (US$42,500,000.00) spanning the first ten (10) years of operation.
Dr A. A. Osei
Madam Speaker, I will crave your indulgence to add, because it is a matter of Ghana Water Company Limited, and it would be useful that the Committee on Works and Housing be enjoined to assist us. It is a complicated

transaction involving not a loan but a guarantee. So I think the Committee on Works and Housing will assist us in our work.
Madam Speaker
So we refer it to the joint Committee on Finance and Water Resources, Works and Housing for consideration and report.
Hon Leader, we have finished with item 5(i) and (ii).
Mr Avoka
Madam Speaker, we will be doing item number 6 -the Motion dealing with the Third Reading of the Veterans Administration, Ghana Bill, 2012.
Madam Speaker, the Hon Minister for the Interior is in the Chamber and with your kind permission, I would want him to step into the shoes of the Hon Minister for Defence to take the Motion for and on behalf of the Hon Minister for Defence.
Thank you.
BILLS -THIRD READING

Mr Avoka
Madam Speaker, we will take item 7 on page 2 and with your kind permission, I will respectfully apply for the Hon Deputy Minister for Education, Mr Mahama Ayariga to move the Motion for and on behalf of the substantive Minister.
BILLS - SECOND READING

Minister for Education)
Mr Speaker, I beg to move, that the University of Professional Studies Bill, 2011 be now read the Second time.
Madam Speaker, in moving the Motion, I beg to state the objectives for seeking to enact a legislation to establish what used to be the Institute of Professional Studies or what is still the Institute of Professional Studies into a University of Professional Studies.
Madam Speaker, the Institute was originally established to serve as a platform for promoting professional studies in the areas of marketing, accountancy and other professional fields and essentially, they used to award certificates, diplomas and degrees of existing institutions local or international, who are awarding such degrees for different professional disciplines.
Madam Speaker, in 1999, a law was established to give them a tertiary status but they still functioned effectively as promoters of other people's degrees and diplomas until in 2008 when then His Excellency President Agyekum Kuffuor granted them a charter which enabled them to also award degrees.
They have evolved to a point where there is a need to clarify their status and establish them, properly speaking, as a university that can on its own award degrees based on its own programmes and also have a clear governance structure which is consistent with the various governance structures that we have been running our various universities.

Madam Speaker, it is for this reason that it has become imperative that we do pass a legislation establishing them as a university and hence, this Bill Which seeks to enact into law the University of Professional Studies Bill, so that we have a properly set up university in accordance with all the other practices that we have in terms of public universities.

Madam Speaker, the Bill sets out the objectives; it also sets out the governance structures and deal with all the other issues that generally we have catered for in the establishment of the university.

Madam Speaker, for these reasons, I urge this House to support the Motion to have the Bill now read a Second time-

Question proposed

Vice Chairman of the Committee (Alhaji Iddrisu Dawuda) (on behalf of the
Chairman of the Committee)
'Madam Speaker, I rise to support the Motion on the floor and to present the Report of the Committee to the House.
1.0 Introduction .
Pursuant to articles 103 and 106 (4) of the 1992 Constitution and Orders 125 and 186 of the Standing Orders of Parliament, the University of Professional Studies Bill, 201 l was referred to the Select Committee on Education on 15th November, 2011 for consideration and report in accordance with Order 126 of the Standing Orders of Parliament.
2.0 Deliberations
In considering the Bill, the Committee held a Stakeholders Forum on 13th February, 2012 to seek views on the proposed Act. The Committee also benefited from written memoranda and oral submissions presented by interested groups and individuals.
Chairman of the Committee)
The Committee is grateful to the Deputy Minister for Education, Hon Mahama Ayariga, Prof J. S. Djangmah, the Executive Director, National Council for Tertiary Education, the Executive Secretary, National Accreditation Board, personnel from the Attorney-General and Ministry of Justice and the other stakeholders for their inputs. Gratitude also goes to Prof. I oshua A larbi, the Rector of the Institute of Professional Studies and his team for providing clarifications on some areas of the Bill.
3.0 References
The Committee made reference to the following documents:
a. The 1992 Constitution of Ghana.
b. The Standing Orders of Parliament.
c. The EducationAct, 2008 (Act 778)-
d.The Tertiary Institutions (Establishment and Accreditation) Regulations, 2010 (L.I. 1984)
e. National Accreditation Board Act, 2007 (Act 744).
f. National Council for Tertiary EducationAct, 1993 (Act 454).
g. The University of Ghana Act, 2010 (Act 806)-
h. The Kwame Nkrumah University of Science and Technology Act, 1961 (Act 80).
i. The University of Cape Coast Law,
1992 (P.N.D.C.L. 278).
j. The Polytechnics Act, 2007 (Act 745).

k. The University for Development ‘Studies Act, 1992 (P.N.D.C.L.279)

1. The draft University of Professional Studies Bill, 2011.

m. The Institute of Professional Studies Act, 1999 (Act 566)

n.Memoranda and written presentations by stakeholders.

4. .0 Background information

The Institute of Professional Studies received a tertiary status in 1999 by an Act of Parliament (Act 566). Following successful teaching and learning outcomes for the various courses and programmes being run by the Institute, His Excellency, President John Agyekum Kufuor, the then President of the Republic of Ghana, issued a Presidential Charter that empowered the Institute to award its own degrees, diplomas and certificates.

In line with its elevation to the tertiary status, the Institute subsequently modified its courses and programmes to be able to produce professionals who are well equipped with requisite knowledge and life skills for the competitive business environment.

The Committee was however, informed that the seemingly narrow definition for "institute" in terms of scope of professional and academic programmes an "Institute" should run was derailing efforts at expanding the current programmes to reflect its new status as a tertiary institution mandated to provide quality higher education. Also, the new mandate of the Institute has necessitated the empowering of the governing body and principal officers legally to be able to discharge their duties in accordance with international best practices.
Chairman of the Committee)
It is in the light of the above justification that this proposed Bill has been submitted for consideration and passage by the House.
5.0 The Purpose of the Bill
The purpose of the Bill is to establish the University of Professional Studies to ensure the integration and optimization of academic and professional programmes that are taught at the Institute of Professional Studies. It also seeks to empower the governing body and the principal officers in the pursuit of their duties and functions to ensure international best practices.
6.0 Divisions of the Bill
The Bill is divided into four main sections under the following subtitles:
The University
Administration
Financial and Miscellaneous matters
7.0 Highlights of the Bill as presented in the accompanying Memorandum
Clause 1 establishes the University of Professional Studies as a body corporate with perpetual succession. Clause 2 allows the university to establish other campuses outside the current campus elsewhere within the country and clause 3 empowers the university to award its own degrees and other certificates. The aims of the university as specified which include the provision of higher education through teaching and research and to provide extension and consultancy services.

Clause 5 to 28 deal with administrative matters. Clause 5 establishes the governing body of the university which is a Council consisting of a Chairperson and ten other persons appointed by the President in accordance with article '70 of the Constitution.

Clause 6 specifies the functions of the Council, which is to ensure the implementation of the aims of the university, proper allocation and efficient use of the resources, among others.

Clause 7 provides for the tenure of members of the Council. A member of the Council other than the VlC6 Chancellor and Pro Vice Chancellor is appointed for a four- year term, renewable for another term only. Council member who is absent from meetings of the Council for twelve consecutive months ceases to be a member.

Clauses 8 and 9 require members to disclose any interest in a matter under consideration by the Council Allowances for members of the Council have been provided in clause 10. Clause ll spells out the general powers of the Council.

The principal officers of the university are the Chancellor, the Vice Chancellor and the chairperson of the governing body, clause 12. The appointment and functions of the Chancellor and Vice- Chancellor are provided for in clauses 13 and 14 respectively. Clause 15 provides for appointment of the Pro Vice- Chancellor.

Clauses 16, 17 and 18 establish the functions of an academic board of the university and a Professorial Advisory Committee to be set up to advise the academic board in the discharge of its functions.

Clause 19 is on the appointment of a Registrar of the university by the Council, who will be responsible for the general
Chairman of the Committee)
administration of the university and clause 20 enjoins the Council to appoint a Director of Finance and other staff of the university.
Clause 21 authorises the Council to make arrangements for the internal organization of the university to include the establishment of schools, faculties, hostels and the institution of fellowships.
Clause 22 to 32 deal with financial and miscellaneous provisions, the sources of fund for the university which shall include subventions from the government, hostel fees, grants is provided for in clause 22. Clause 23 establishes the internal Audit Unit of the university in accordance with the Internal Audit Agency Act, 2003 (Act 65 8). Clause 24 establishes Students' Representative Council of the university, the Statutes.
Clauses 25 and 26 provide for the enactment of a Statute for the university to carry into effect the provisions of this Act including the appointments, conditions of service, procedure for meetings and the calendar of the university.
Clause 27 establishes the Convocation of the university and clauses 28 and 29 provide for the accounts and audit as well as the annual reporting on the performance of the university. Clause 30 is on the interpretation and 3 1 repeals the Institute of Professional Studies Act, 1999 (Act 566) and transfer the rights, assets and liabilities to be held by the Institute of Professional Studies to the University of Professional Studies to be established by this Act.
However, the Bill saves rules, regulations, notices issued and actions

taken under the repealed law as provided in clause 32.

8.0 Observations

8.1 Justification for the proposed transformation

The Committee was informed that the decision to upgrade the institute into a fully-fledged public university is to place the institute on a higher level of professional and academic excellence in line with the global demand for quality education which would also reflect its current status and mandate as a tertiary institution with the power to award its own degrees, diplomas and certificates.

The new status also calls for restructuring and strengthening of the current governing body and the principal officers to be able to discharge their functions in accordance with international best practices.

Again, the narrow definition for "institute" in terms of scope of professional and academic programmes an "Institute" should run is hampering effort by the authorities to expand the current programmes to reflect its new status as a tertiary institution mandated to provide quality higher education.

8.2 Ultimate aim of the university

The Committee noted in the accompanying memorandum (paragraph 3, line 4) that the ultimate motive for the transformation of the institute into a fully- fledged university is to be able to produce qualified professionals equipped with knowledge and life skills for the competitive business environment.

It was however, observed under clause 4 (aims of the university) that this core aim of the proposed transformation is not
Chairman of the Committee)
explicitly stated. Members of the Committee were of the view that the transformation should not bring much deviation from the current focus of the institute. It was therefore recommended that clause 4(1), paragraph (a) be accordingly amended.
The Committee was of the opinion that placement of emphasis on "professional education" would ensure that the institute when transformed into a university, would still be committed to producing professionals to serve the various sectors of the country.
8.3 Oath of Office by principal officers of the university
It was noted that provision was not made in the Bill to allow the principal officers of the proposed University of Professional Studies swear an Oath of Office as consistent with other university laws passed by this House.
The Committee was of the opinion that actions and inactions of these principal officers could greatly enhance or undermine the integrity of the university. It is, therefore, proposed that prior to the assumption of office, these principal officers consisting of the Chancellor, the Chairperson, members of the University Council, the Vice Chancellor and the Registrar be made to swear an Oath of Office.
9.0 Proposed amendments
l. Long Title -/Amendment proposed -- delete and insert a new Long Title as follows:
"An Act to 'consolidate and transform the Institute of Professional Studies into public

university and to provide for related matters."

2. Re arrange clause 2 to 4 as follows:

"Clause 2 - Aims of the University

Clause 3 -- Campuses of the University

Clause 4 -Awards of degrees".

3 . Clause 3 -/Amendment proposed - subclause 3 (l) - delete and insert "The university shall award its own degrees, diplomas and other certificates including honorary degrees."

Clause 4 - Amendment proposed - subclause 1(a) - insert "higher professional" before "education".

Clause 4 -Amendment proposed - 2 (a), line l, delete, "Despite- subsection (l)"

Clause 4 -Amendment proposed - subclause (2), paragraph (a), line 2, delete "citizens" and insert "the country".

Clause 5 -- Amendment proposed -subclause (1), delete and insert the following:

"The governing body of the university is a Council consisting of -

(a) a chairperson nominated by the President,

(b) the Vice Chancellor,

(0) three persons nominated by the President,

(d) one elected representative of the University Teachers Association of the University,

(e) one elected representative of the Convocation,

(f) one elected representative of the Professional Bodies of Accounts and Marketers,

(g) one elected representative of the Ghana National Chamber of Commerce,

(h) one elected representative of the University of Professional Studies Alumni,

(i) one elected representative of the Teachers and Education Workers Union,

(j) one elected representative of the Conference of Heads of Assisted Senior High Schools,

(k) one representative of the National Council for Tertiary Education,

(l) one representative of the undergraduate students of the University elected by the Students' Representative Council, and A

(m) one representative of the post graduate students of the university elected by the Graduate Students Association."

8 Clause 5 -/Amendment proposed -add new subclauses (3) and (4). to read as follows:

(3) The President, in making the appointments under paragraphs (a) and (c) of subsection (1), shall

have regard to the academic qualifications-, leadership qualities, gender, expertise in finance, management, knowledge and relevant experience

(4) The Chairperson of the University Council shall preside at the Congregation and other ceremonies of the university in the absence of the Chancellor."

9. Clause 6 -Amendment proposed . - subclause (1), add the following new paragraphs after paragraph (a):

"(i) determine the strategic direction of the university, and monitor and evaluate policy implementation;

(ii) "ensure the creation of an environment of equal opportunity for members of the university without regard to ethnicity, sex, race, religious belief or political affiliation."

10. Clause 6 -/Amendment proposed -- subclause (3), delete.

11. Insert a new clause after clause 6 as follows:

"Establishment of committees

(1) For the. purpose of achieving the aims of the university, the Council may establish standing or ad hoc committees made up of members or non-members of the Council and assign them functions that the Council considers appropriate.

(2)A committee comprised entirely of non-members shall be advisory."
Chairman of the Committee)
12. Clause 7 -/Amendment proposed - subclause (1), line 2 - delete "four" and insert "three".
13 Clause 8 -/Amendment proposed -subclause (2), delete "fifty per cent of the membership of the Council" and insert "eight".
Subclause (6), delete "and a representative of the National Council for Tertiary Education" and insert "and" after "Registrar".
14 Clause 11 -- Amendment proposed -- Insert the following new subclause before subclause (1):
"Subject to the provisions of this Act, the Council shall have power to do or provide for any act or thing which it considers necessary or expedient in relation to the university."
15 Clause 12 - Amendment proposed -
"Principal officers of the univer- sity
(1) The principal officers of the university are
(a) the Chancellor,
(b)the Vice Chancellor, and
(c)the Chairperson of the Council.
(2) Prior to the assumption of office, the principal officers of the University shall swear the Oath of Office as prescribed in the Constitution and modified in the Schedule."

16. Clause 13 - Amendment proposed - delete and insert the following:

"Chancellor of the university

(l) There shall be a Chancellor of the university who shall be appointed by the Council and takes precedence over the other officers of the university.

(2) The criteria and modalities for the nomination and election of the Chancellor shall be prescribed-by the Statutes of the university.

(3) The Chancellor is the head of the university and takes precedence over the other officers of the university.

(4) The Chancellor shall hold office. for a term of five years and is eligible for reappointment but shall not be appointed for more than two terms.

(5) The Chancellor shall preside at Congregation, meetings and ceremonies of the university at which the Chancellor is present.

(6) The Chancellor may attend the meetings of the Council.

(7) The Chancellor shall confer on qualified persons, degrees, diplomas and certificates awarded by the university in accordance with this Act and procedures prescribed by the Statutes.

(8) The Chancellor may delegate functions under subsection ('7) by directions in writing to the University Council."
Chairman of the Committee)
17. Insert a new clause after clause 13 to read as follows:
"Vacancy in the Office of the Chancellor
(1) The Office of the Chancellor shall become vacant up on
(a) death,
(b) resignation, or
(c) removal from office.
(2) The grounds and procedures for the removal from office of the Chancellor shall be contained in the Statutes of the University.
(3) Without limiting the functions of the Chancellor, where the integrity and welfare of the university are threatened by any matter, the Chancellor may in consultation with the Council intervene."
18. Clause 14 - Amendment proposed - subclause (2), line 2, delete "appointment instrument" and insert "letter of appointment".
19. Clause 14 -Amendment proposed - subclause (4), delete and insert the following:
"The Vice Chancellor is responsible to the Council for maintaining order and ensuring efficient administration of the university."
20. Clause 14 - Amendment proposed - subclause (5), line l, after "perform" insert "such" and before "prescribed" insert "as may be".

21. Clause 15 - Amendment proposed - delete subclause (2) and insert the following:

"(2) The Pro Vice Chancellor shall attend a Council meeting but shall not vote at the meeting."

22. Clause 15 -Amendment proposed C - subclause (3), line 1, after "assigned" insert "such" and in line 2, delete "University".

Clause 15 - Amendment proposed - add the following new subclauses and re-number the entire clause:

"(i The Pro Vice Chancellor shall hold office for a period of three years and is eligible for re- appointment for another term only.

(ii) The Pro Vice Chancellor shall, before assuming office, take the Oath of Office as specified in the Schedule."

24. Clause 16 -Amendment proposed - delete clause 16 and insert the following:

"Academic Board

16. There is established by this Act an academic board of the University which is answerable to the Council."

25. Insert a new clause on the composition of the Academic Board after clause 16 as follows:

Composition of the academic board

(1) The academic board consists of
Chairman of the Committee)
(a) the Vice Chancellor of the University who is the chairperson,
(b) the Pro Vice Chancellor,
(c) Provosts and Deans,
(d) Directors of School and Institute,
(e)Heads of academic depart- ments,
(f) Heads of departments of the university,
(g) Director of the Business Development Centre,
(h)Director of Quality Assurance,
(i) the Librarian of the university, and
Q) the Registrar of the university.
(2) The academic board may establish standing and adhoc committees for the purpose of carrying out its functions under this Act and as determined by the Statutes."
26. Clause 17-Amendment proposed - paragraph (i), delete "presentation" and insert "representations" after "make".
27. Clause 19 - Amendment proposed - delete the clause and insert the following:
"(1) The Council shall appoint a Registrar for the university.
(2) The Registrar shall hold office on the terms and conditions

certified in the letter of appointment in accordance with the Statutes of the university.

(3) The Registrar is the Secretary to the -

(a) Office of the Chancellor,

(b) Council, and

(c) Academic Board.

(4) The Registrar is responsible to the Vice Chancellor for the day- to-day administration of the affairs of the university.

(5) The Registrar is the chief operating officer of the university under the Vice Chancellor.

(6) The Registrar may perform any other functions provided in the Statutes of the university.

(7) The Registrar shall before assuming office take and subscribe the Oath of Office set out in the Schedule."

28. Clause 20 - Amendment proposed -Subclause (3), delete "Director of Finance" and insert "of the Director of Finance" after "Duties".

29. Clause 20 -- Amendment proposed -- subclause (4), delete and insert a new clause on "Appointment of other staff" after clause 20 as follows:

"Appointment of other staff

The Council may appoint other staff as may be necessary for the effective performance of the functions of the university."
Chairman of the Committee)
30. Clause 21- Amendment proposed -- delete subclause (l) and insert the following:
"(i) (1) Subject to the provisions of this Act, the Council may make arrangements as it considers appropriate for the internal organization of the university including:
(a) the establishment, variation. and supervision of academic divisions, faculties, schools, centres, departments, institutes, hostels and other bodies in the campuses in Accra or elsewhere;
(b) award professorships, promote lectures; and
(c) award fellowships, bursaries, exhibitions, scholarships, prizes, honorary degrees and other awards."
31. Clause 21 - Amendment proposed - subclause (2), delete.
32. Clause 21 - Amendment proposed -- delete subclause (3) and insert the following:
(3) The university may -
(a) enter into an agreement or relationship with another institution whether academic or non-academic and within or outside the country, and
(b) incorporate within the University another institution or body, taking over the property rights, privileges and liabilities of that institution or body.

33. Clause 21 - Amendment proposed - insert a new subclause (4) as follows:

"The Council shall exercise the powers referred to it in subsection (l), only after consultation with the academic board matters which in the opinion of the Council are academic matters."

34. Clause 22 - Amendment proposed - add new subclauses as follows:

"(2) Any sum of money received by or on behalf of the university shall be paid into a bank account of the university opened by or on the authority of the Council.

(3) For the avoidance of doubt, moneys received by or standing to the credit of an establishment of the university shall form part of the funds of the university as defined under this Act."

35. Clause 24 -Amendment proposed - delete the clause and insert as follows:

"Student governance

(1) The university shall have a Students' Representative Council.

(2) The Students' Representative Council is responsible for representing students duly admitted and registered to study at the university.

(3) The constitution and other governing instruments of the Students' Representative Council shall
Chairman of the Committee)
(a) be drawn up by the students subject to the approval of the academic board, and
(b) conform to this Act, the Statutes of the university and any other rules, regulations, directives and edicts duly issued by the university and are void otherwise.
(4) The Statutes of the university may grant the Student's Representative Council representation on appropriate bodies and organs of the university.
36. Insert a new clause on Matriculation after clause 24 as follows:
"Matriculation
(l)A student admitted to the university shall take the Matriculation Oath and sign the Matriculation Register.
(2) A student who fails to sign the Matriculation Register may be prevented from graduating by the university."
37. Insert a new clause on dispute ' settlement after the Matriculation clause as follows:
"Dispute settlement
(l) There is established by this Act a body to be known as the University of Professional Studies Appeals Board.
(2) The Appeals Board shall hear and determine on appeal the following matters on -

(a) acts or omissions in contravention of this Act or the Statutes enacted by the Council;

(b)breach of employment contracts by the university;

(c) the promotion of persons duly employed by the university;

(d) grievances by students against the university related to welfare and discipline; or

(e) any other matter or dispute referred to the Appeals Board by the Council.

(3) The Appeals Board consists of

(a) a President who is a retired justice of the Superior Courts

of Judicature or a lawyer qualified to be so appointed,

(b) two lawyers of at least ten years standing at the Bar who are persons of high moral integrity one of whom is a woman,

(c) two persons who are not legal practitioners or employees of the university who are persons of high moral integrity one of whom is a woman.

(4) The President of the Appeals Board or the President's alternate .and two other members constitute a panel for the hearing and determination of a case or matter before the Appeals Board.

(5)The President's alternate shall be appointed by Council from outside the membership of the
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Appeals Board after the appointment of the President of the Appeals Board and the President's alternate shall have the same qualification as the President.
(6)The Council shall establish the rules and procedure which govern -
(a) the operations of the Appeals Board;
(b)the appointment and remuneration of its members;
(c)the functions of the President's alternate;
(cl) the establishment of the secretariat of the Appeals Board; and
(e) any other relevant matter.
37. Insert a new clause on anti- discrimination after clause 27 as follows:
"Anti-discrimination -
(1) Without limiting the power of the university to adopt affirmative action policies from time to time, the university, an organ or a body of the university, a principal officer, staff, agent or servant of the university shall not discriminate against a person on the basis of that person's religion, political affiliation, gender, ethnic origin, disability, race, "colour or social or economic status to determine whether that person is to be -

(a)admitted as a student of the university; "

(b) registered as a student of the university;

(c) permitted to graduate from the university;

(d) appointed as an academic staff or other staff member;

(e) promoted as an academic staff or other member; or

(D granted any advantage, privilege or other benefits accorded all other persons.

(4) For the purposes of this section, "discrimination" means to treat persons similarly situated, differently, solely on the basis of the grounds stated in subsection

39. Insert a new Schedule as follows:
SCHEDULE

OATH OF OFFICE

Madam Speaker
Hon Members, order!
Hon Members, pursuant to Standing Order 127, a full debate shall arise on the principle of the Bill on the basis of the explanatory memorandum and the Report of the Committee.
Yes, Hon Members may make their contributions if any.

ll.45 am.
Prof. Dominic K. Fobih (N PP-Assin- South)
Madam Speaker, thank you for giving me the chance to contribute to the Motion on the floor and in doing so, I would like to make a few comments.
First, I observed that the institution is seeking a change in name and status but as we know, this institution is well-known for its professional training as an institute. And now that it is becoming a university institution,' it is my hope that its good name would be sustained and that the texture of their professional training programme will not be unnecessarily altered.
So, if they combine' academic training with the professional they are used to in the past, one would expect that the programmes would not become as a university now, just academic, like what the standard universities are doing, but will maintain its speciality in professional training by emphasising more as in the Committee's Report, is blackened or emphasised - The professional component of the training programme to make their professionals special in a way.
One can also observe that status change does not necessarily go with just a change in name or an enactment of a law only, but what other things go to make this a special or a new institution. By this, I mean_we should not just put an old wine into a new bottle and think that it is a new wine. Just merely accepting the change in terms of the passage of the law or the name as a university institution now, will not make much difference if the pro ducts of this institution remain as they were when it was awarding diplomas and other certificates.
We should rather also focus attention on its infrastructure and make sure that it

has the necessary facilities to make it what it takes to be a university institution. We should equally pay attention to the staffing, the quality of staffing that will enrich its programmes to meet its new goals and aspirations. We should equally also think of the library and other supporting facilities that make it special.

I think if we pay attention to all these, apart from helping it to acquire the legal status of a university, we will be helping it to shape its professional and academic programmes to merit the new status that it now deserves. There is no dispute that this institution merits the consideration we are giving to it as a university institution. I can only support it and wish it well in the years ahead.

With these few comments, I support the Motion.
Mr Charles K. Hodogbey (NDC - North Tongu)
Madam Speaker, I support the Motion but I have some few comments to make.
The current name, "University of Professional Studies," when it was called IPS, has produced several intelligent and excellent professionals including accountants and managers. The perception of an "Institute" in the minds of people that when an institution is called "Institute," it is not at a university level; is not true.
I think we struggled over this at the Committee level and realised that most important, very excellent institutions all over the world including Massachusetts Institute of Technology, the Indian Institute of Technology have produced excellent and extremely excellent people- But for our standard in Ghana, to say because the institution is being called "Institute" and therefore, the name should be changed to university, as I said earlier, we snuggled over it.

It means, a day will come when GIMPA now very popular, the name "GlMPA" be erased and be brought with a university name. I would want to appeal that the issue of having labelled an institution, "Institute" should not be in our minds to claim that because it is not a university, therefore, they cannot perform. The most important thing is the product and the programmes that, that university runs.

I thank you for the small opportunity. Thank you.

"Mrs Eugenia Gifty Kusi (NPP - Tarkwa-Nsuaem): Madam Speaker, thank you for the opportunity to contribute to the Motion on the floor.

Just as my Hon Colleague who has just spoken said, IPS has been with us for all these years. In fact, when I was in the university, the students in IPS were collaborating a lot in most of the programmes. In the 4th paragraph of this Report, it reads that the institution was issued with the Presidential Charter that empowered it to award its own degrees, diplomas and certificates.

So, what we are doing today is a matter of course; it is something that we need to do for this institute to attain its status and that befits it. This is because it has done a lot for this nation by producing qualified people to man the various disciplines that it has really brought forth. I really support this Motion because, I think it will be one of the best universities; it has already been doing a lot of work and it has really made the whole international body to recognise it.

I support this Motion and I would want to urge all Hon Members to ensure that we pass this as early as possible-

In paragraph 8.2, it says that the -

"ultimate aim of the university is to produce qualified professionals equipped with knowledge and life skills for the competitive business environment."
Minister for Communications (Alhaji Haruna Iddrisu)(MP)
Madam Speaker, thank you very much for the opportunity to associate myself with the Motion and to indicate strongly that while I agree with earlier comments made by my Colleagues, the impression being created as if it is just a matter of change in name, should not be the notion as this august House considers the Report of the Select Committee on Education on the University of Professional Studies.
It goes beyond change in name. It is a question of status, that IPS subject to the Presidential Charter, which was issued, can now on its own, award degrees in areas of professional training.
We need not go far; our very able Hon Chairman of the Public Accounts Committee, I disagree with his politics but I respect his professional competence and he is a product of the Institute of Professional Studies. What we are seeking to do, is to allow the Institute of Professional Studies to train more competent hands in the area of accounting, management and others.
Madam Speaker, my caution is that IPS should not slip like many other universities have done in terms of what should be their primary focus. If the mandate is to train professionals in the area of management and accounting, let it be their mandate and focus.

We have seen instances today, Madam Speaker, that the University of Science and Technology which was established primarily to promote science education in Ghana, has drifted away and is focusing more on the humanities and many other areas which essentially should not be. This is because even as a country, we need to be closing the gap between the number of people we train in science against those we train in humanities.

I beg even to add that there are many of our young graduates today complain of growing unemployment. I think that it is about time that our universities tailored their training to the needs of industry while maintaining the academic pedagogical training that they give to those who seek to be in those institutions.

I think that this Bill is appropriate and, it should have our support.

Madam Speaker, I am particularly impressed at the infrastructure development that has taken place in the last few years at IPS. Thanks to the Ghana Education Trust Fund and thanks to Ministers for Education who recognised that IPS, like any other institution would be offering opportunities to many of our young people.

I am told Madam Speaker, that today, 60 per cent of qualified applicants to our tertiary institutions are unable to gain admission. It means that access remains a fundamental problem and we need to expand access to a higher learning in Ghana, whether it is the University of Ghana, University of Science and Technology, University of Cape Coast or any other public tertiary institution. We need to deal with three problems: access, relevance and quality.

The quality of higher education is being bemoaned even by persons within
Mr Stephen K. B. Manu (NPP - Ahafo- Ano South)
Madam Speaker, I rise to support the Motion and in doing so, I have a few observations to put across. Madam Speaker, as I listened to Hon Members who have contributed to the Motion, particularly the last Hon Member, I get the impression that he has been misled by the name of the institution that we are talking about. Madam Speaker, this became my concern when the Bill was being worked upon at the Committee level.
The name of the institution as we have it is University of Professional Studies. If you listen to the name and you were not part of the discussion that went on, you would go to think that that university is going to be solely for professional training. But, Madam Speaker, the opposite is the case.
In fact, we were told by the administrators of the institute, that the percentage of persons reading

professional courses in the institute is rather of a very low percentage and that as the Hon Minister for Communications put across, his fears are rather what is existing in the institute that many of the- courses being handled in the institute are rather non-professional.

When we were going to name the institute as University of Professional Studies, I had my misgivings about the name but somehow, we were made to accept, grudgingly though, by some of us that the name 'professional studies' was a brand name and that it was going to be a brand for the university to attract students and other international recognition. So we had to kowtow to such explanation.

So I will reiterate the point - [Interruptions] - kowtow - that is what some people pronounce as koto but the word is "kowtow". It is a Japanese word and it is "kowtow", you "kowtow" - if you have taken lessons in judo or karate, you will know - [Laughter]

Corning back to what I was saying, I would like to reiterate a point made by the Hon Minister for Communications that, today, it has become a norm for our institutions of higher learning to be thinking more about moneys that will come into their institutions by the numbers of students that they admit. That is the reason behind what he said, that today, University of Science and Technology as it started and became Kwame Nkrumah University of Science and Technology, is now doing more humanity courses than science-related courses.

I will like to sound a word of caution that our new baby, the University of Professional Studies being born today, would stick to its mandate as spelt out in the Act to be, that they will concentrate
Madam Speaker
Thank you Hon Member.
Minister for Tourism (MsAkua Sena Dansua)(MP)
Thank you for the opportunity to contribute to the Motion on the floor.
Madam Speaker, I would want to commend the Rector of the Institute, now going to be transformed into a university - Professor Joshua Alabi, for his high leadership role in growing the Institute over the years.
Madam Speaker, those of us who are of age will appreciate the fact that - [interruptions] -those of us who are 50 years plus - [Interruption.]
rose
Ms Dansua
Hon Asiamah, you are not - so sit down - [Laughter]
Madam Speaker
HonAsiamah, if you are not matured, please, sit down - [laughter]
Mr I. K. Asiamah
Mr Speaker, I think my beef is the fact that indeed, she mentioned age fifty and maturity and I was

going to find out whether indeed, age has got anything to do with maturity. That is my concern - though I am below 50 years, I am one of the most capable Members of Parliament in this House - [Uproar] - and she knows it.

Madam Speaker, when she was the Minister for Youth and Sports, I gave her a hell of time - she knows it -

[Laughter] And by the Constitution of Ghana, above 18 years, you' are matured to take any decision and of course, at age 21 and above, you qualify to enter this august House.

So, please, let us I give some recognition to young Members of Parliament and let us know that we are also here ably representing our constituents.

Thank you, Madam Speaker.
Ms Dansua
Madam Speaker, I am not in any way saying that Hon Asiamah is not qualified. I am saying that he is not yet 50 years old; that one is a fact. He is not 50 years old yet, so when I am referring to over 50 years, he should not rise up to talk.
Madam Speaker, those of us who have been familiar with the history of IPS, at least, would observe that over the past 10 years or so, the institute has seen a lot of growth, especially in terms of infrastructure and also admissions.
These, I would ascribe in part to the leadership that the Rector and his colleagues are providing in the institute presently.
I would want to encourage them that with the transformation from the institute into a university, I hope that they would still continue to give the right leadership that they have offered in the past to the university and ensure that in terms of content and training ' and also infrastructural development, the university continues to grow.
Prof. Aaron M. Oquaye (NPP- Dome- Kwabenya)
Thank you very much, Madam Speaker, for the opportunity
Madam Speaker, this is a very, very important institution that We are talking about. Its reputation continues to grow and among other things, as an academic, it is one of the institutions I really respect so strongly, not only in Ghana but actually in Africa.
Madam Speaker, accountancy is a very complicated course and it has got a lot of dimensions internationally; This is because of professional jealousy and guarding their own reputation, and yet the institute has stood the test of time and they deserve to be congratulated.
Madam Speaker, as We make this a full university, we must be very, very mindful of defining the parameters of its mandate clearly, so, that it would continue to be an institution of excellence. There is a college which Madam Speaker definitely knows, the Imperial College in London- It -is humbly called college by the whole wide world; everybody knows that when it comes to science and technology, it is Imperial College.
All the wonderful discoveries on this earth about science and technology, we refer to the Imperial College. Imperial College has stood faithfully within the parameters of its mandate from day one.

Madam Speaker, it pains my heart to see the KNUST become a general university and I must put it on record. It was the dream of the first President of this Republic that it would become a technology institute of excellence. When you do not operate within the parameters of your mandate, you have a lot of troubles. When they started doing all kinds of courses, at one time they wanted aVice Chancellor and then the lot appeared to be falling upon an Arts Professor.

There was big trouble in KNUST, simply because it was that day they rose up to say that you cannot have an Arts man as a Vice Chancellor, it has to be a science and technology man. But they sat back while this happened, and the person having risen to a certain seniority, it appeared he was the most qualified.

So, Madam Speaker, there are a lot of difficulties when you come to mix up your mandate and I would want that from the word 'go', this institution must clearly know that it is and continues to be so. It is known particularly for accountancy and accountancy-related activities.

Madam Speaker, our District Assemblies are struggling today because the accountants are not there to service them. Our Parliament, to all our Ministries, we do not have enough of those people who are called really 'chartered qualified accountants' in so many dimensions. In fact, there is a dirge of qualified personnel in that particular profession.

I would pray, and I would want it to be well defined in the law that we are going to pass, that this university will be a university of accountancy and accountancy-related- activities primarily.

Madam Speaker, the oil in Norway has got reputation for accountability, probity and in fact, the whole process of accountability in the modern world has got to do with accounting and computer- related, computer-based applied accounting. Unfortunately, we do not have it.

We would be very glad if they would be very conscious of this and establish accountancy-related computer-backed, computerised hi-tech accountancy propelled by ICT, then their mandate would be clear and everyday, they would be working and dreaming and visioning within the parameters of this particular mandate.

Madam Speaker, as a University of Professional Studies, we all know from medicine, to law, to architecture, to so many other professions, we want it to be clear; that is why We are expressing what we are expecting them to do. We are expecting them to be a professional institute, a university of excellence, specialising in accountancy-related activities, to ensure that there is specialisation in that particular area.

Madam Speaker, if they were to do this, they would serve this nation very well.

I thank you very much.
Mr Emmanuel K, Bedzrah (NDC - Ho West)
Thank you, Madam Speaker, for the opportunity to contribute to the Motion.
Madam Speaker, those of us who grew up in Madina and the environs of IPS, know that this institute started primarily to train students and young people who are interested in accountancy and business management to obtain

professional certificates from various institutions from outside.

Today, IPS has trained a lot of professionals' in management and accountancy and I believe that we have some of them in this House, especially the Hon Chairman of the Finance Committee who is doing extremely well, being a product of IPS.

Madam Speaker, the institute will soon, When' the law is passed, become a university. But the Committee's Report has in paragraph 8 (2) stated that, and Madam Speaker, with your permission, I beg to quote:

"It was however observed under clause 4 (aims of the university) that this core aim of the proposed transformation is not explicitly " stated. Members of the Committee were of the view that the transformation should not bring much deviation . ."

Most of my Hon Colleagues have spoken about it, that the institute or the university so soon to be, should not deviate from its core mandate and that, when we come to the passing of it, we should make sure that we have the core mandate stated there as the Hon Second Deputy Speaker stated.

In addition, Madam Speaker, I believe that when we talk of professionals, professional certificates are awarded by professional institutions like the Ghana Institute of Architects, Ghana Institute of Surveyors, the Dental and Medical Council and the rest. They award professional certificates, and we do -not have only one profession in this country.

My problem with the University of Professional Studies is that, are they going to award professional certificates
Mr Albert Kan-Dapaah (NPP - Afigya-Sekyere West)
Thank you very much, Madam Speaker. Madam Speaker, clearly, I find it most appropriate that we should have this Bill for consideration in the House.
As has already been mentioned, I did study at the Institute of Professional Studies so-many years ago.
Indeed, Madam Speaker, as a tertiary institution, IPS has already made its mark.
Mr Ampofo K. Twumasi
On a point of order.

Madam Speaker, the Hon Colleague said he studied there so many years ago. Some of us are interested in the period. So, how many years ago?
Mr Kan-Dapaah
Madam Speaker, I can assure you my Hon Friend knows it already. But just for the sake of emphasis, I studied there in 1978, which means, Madam Speaker, that I am not quite as young as the Hon Member who just spoke. Madam Speaker, I was there in 1978 and 1979.
Madam Speaker, as I was saying, following the grant of a Presidential Charter, it has in fact, been issuing its own degrees, its 'own diplomas and its own certificates.
In fact, today, Madam Speaker, IPS runs a couple of Masters Programmes and awards its own degrees in these areas. In fact, if I may add, I happened to be a ' teacher of one of these programmes.
Most past students would have preferred to retain the name IPS. To us, IPS has become a symbol of accountancy and marketing education in the country and we are very proud of that.
We do also know that there are institutions like Massachusetts Institute of Technology (MIT) which ranks among the best universities in the world and yet, there is no "university" in their names.
In the case of IPS, some practical problems have come up, especially, now that the school is not only training people for the external professionals examinations. It used to be the practice for IPS to prepare students not to write its own examinations but to write the examinations of the professional bodies like the ACCA, Ghana CA and so on and so forth. Following the grant of the Charter, this has changed and IPS is now issuing its own certificates.
Mr Kan-Dapaah
Madam Speaker, I do not find anything wrong with that, I think it is most appropriate that we do that. In training accountants and marketing executives for our country, we definitely need a blend of the professional accountants, those who study to write the professional examinations and also those who go in for pure academic qualification that seems to be the trend in every country and I think it is appropriate that we do that also in our country.
I do share the concerns that some Members have made, that, in transforming ourselves from IPS to a University of Professional Studies, we should not deviate from the current focus of the institute, rather, we should seek_to improve upon the performances such as to have IPS or the new University of Professional Studies as a centre of excellence in business education, especially in accountancy, auditing and marketing.
Madam Speaker, I will also want to add my voice to comments that have been made that we need to mention for commendation, Prof. Joshua Alabi.
Madam Speaker, he used to be one of us. I remember he used to sit at the back there and was- very, very famous for heckling. He has now ended up as the Rector of the university and I would want to say that he has made all of us very proud.
If you look at the quality of programmes that they run today, the infrastructural development that continues to go on at the university, the general atmosphere at the university; when you put all these things together, I believe it is appropriate that we should congratulate the Rector, Prof. Joshua Alabi for what he has done for IPS.

Madam Speaker, in saying this, I have the specific authority of the Old Students Association to commend him in this respect. When we become a university, that is one of the reasons - [interruption] - Madam Speaker, I would want to urge Hon Members that this is - [Interruption.]
Papa Owusu-Ankomah
On a point of order.
Madam Speaker, the Hon Member for Afigya-Sekyere West unfortunately, is trying to mislead the House. IPS is already. a tertiary institution. What this Bill seeks to do, is only to change the name from "Institute" to "University".
So it is actually a tertiary institution.
Mr Kan-Dapaah
Madam Speaker, I thought I had earlier said that, but coming from the former Minister for Education, we can only congratulate him that he sees IPS already as a university.
Madam Speaker, if I may add, the Hon Member did play some role in granting IPS the Charter that it has today.
On that note, Madam Speaker, I would want to thank you for the opportunity and to ask Hon Members to support this Bill in its entirety.
I thank you, Madam Speaker.
Madam'Speaker
Hon Members, I think it is time now to close the debate and then put the Question.
rose
Madam Speaker
Hon Member, were you going to contribute?
AIhaji Abdul-Rashid Pelpuo (NDC - Wa Central): Madam Speaker, I would want to say a few words about the Bill but before that, I would want to crave your indulgence to announce to my Hon Colleagues that Social Security and National Insurance'"Trust (SSNIT) has
Madam Speaker
come to pitch camp with us; they have opened an office here temporarily to deal with Members of Parliament who have problems with their SSNIT contributions. S0 those of us who want to know how much we have contributed so far - whether we have paid our students loans. If you took a loan, as a student, whether you have any problems with the SSNIT, you are required to use the office out there to deal with the problem. They are here for a few days to serve Members of Parliament.

Madam Speaker, having said that, I would want to also contribute to support the Bill. This is because this is a very, very important Bill that is transforming a tertiary institution which was otherwise called "Institute of Professional Studies" to the University of Professional Studies. As we all know, what used to be called "Institute of Professional Studies" concentrated mostly on professional non- academic courses but today, we have a larger scope, a more extensive scope for the university, which will now deal with both academic and non academic courses.

Madam Speaker, this will be and it is in response to the changing world, where we are meeting more challenges as a country, where young people are challenged more and more with thinking higher and providing services which are more skilled and more determined to address problems of the world.

Madam Speaker, it is important that this university answers the questions of today's problems in this country and it can happen that way if the university itself does not structure itself to respond to the challenges of the day. So I see this to be a very, very important advantage to us as a country and to all young people who

want to accept the challenges of redirecting their thinking and discovering their new potentials and addressing themselves to the big challenges of the day.

Madam Speaker, the institute that today has already sloughed itself from one that was wholly dependent on State. funding to one that is partly supporting itself and as a result, you can find lots of structures rising up there. So the challenge to the University to make sure - I heard some Hon Members of Parliament talking about infrastructure already taken on by the university itself. And I think that this is a new beginning.

So Madam Speaker, I would want to encourage the leadership of the university to take advantage of the new law that-is being discussed and will he passed very soon, to add impetus and momentum to the present situation they. find themselves. The university will now have a bigger responsibility, bigger scope, greater challenge and young people are advised to see themselves in this challenge, so that they can be part and parcel of the new definition of the university as we see it.

Madam Speaker, with these few words, I would want to call on my Colleague Members of Parliament to support the Motion, so that we can have this Bill passed.

Thank you very much, Madam Speaker.

A Madam Speaker: Hon Ayariga, can you wind up?
Mr Mahama Ayariga
Madam Speaker, I am indeed, very grateful to Hon Members for their overwhelming support for this Motion.
Mr Mahama Ayariga
Madam Speaker, in rounding up, I would want to draw attention to two very critical concerns expressed by Hon Members of this august House. Madam Speaker, 1 think that it is important to know that the movement and pressure for the addition of "University" to the name, is largely based on the demand of the institute.
So this is something that the institute wants and I believe it is also for the reason of dealing with the perception that generally, we have about people who get diplomas and other certifications from the institute vis- a-vis those who are perceived to be coming from our traditional universities.
I remember that during the meetings with the leadership of the institute, Members of the House were particular, changing the name from "University" to "Institute" but the Rector and the Lecturers insisted on having "University of Professional Studies" instead of "Institute of Professional Studies" which Members overwhelmingly advocated for. But Madam Speaker, let us do their bidding because that is what they are interested in.
Secondly, Madam Speaker, I think it is important to know that this is not a mere ceremonial exercise. This is because when the institute existed as I said at the beginning, it was merely a platform for running the programmes of mostly external degree and diploma awarding institutions in the various professions.
What we are doing today is enacting into law a university that will on its own have the domestic mandate to award its own degrees in the various professions.
We are correcting some anomaly that took place in the past. I do not want to stir controversy but I think that there is some problem with the grant of a Charter to the institute to award degrees. I think a

neater way of going about it is what is being done today which is enacting a law establishing it as a public university which will award its own degrees.

Lastly, Madam Speaker, I have also listened to the concerns of Hon Members regarding the issues of maintaining or sticking to their mandate. Madam Speaker, we at the Ministry will continue to urge the various universities as much as possible to stick to their mandate because the public in financing them, clearly had a clear objective in setting up and therefore, we will continue to urge them to stick to their mandate.

On that note, Madam Speaker, I thank Hon Members and beg to move, that the University of Professional Studies Bill, 201 1 be now read a Second time.

Question put and Motion agreed to.

Resolved accordingly.
Madam Speaker
Hon Pelpuo, what is next?
Alhaji Pelpuo Madam Speaker, we, under normal circumstances, could have moved to item number 8 concerning the creation of the new District Assemblies but the Leadership is in consultation over it. So I will crave your indulgence either we move to the Presidential Transition Bill, 2010, which is on page 11 or if we could adjourn briefly and wait for the Leadership to come.
Madam Speaker
Hon Member, I think We move to the Presidential Transition Bill, 2010 and the Chair will be taken over by the Hon Second Deputy Speaker.
Alhaji Pelpuo
Thank you, Madam Speaker.
MR SECOND DEPUTY SPEAKER
Mr Second Deputy Speaker
Hon Members, the Presidential (Transition) Bill, 2010.
Alhaji Pelpuo
Mr Speaker, the Chairman of the Committee "is part of the consultation going on on the creation of the newAssemblies. So we have just sent for him to come, so that we can go ahead with it. He is the one we are sending for.
Mr Second Deputy Speaker
So we wait for a few minutes?
Alhaji Pelpuo
Yes, Mr Speaker - [Pause] -
Mr Speaker, could We suspend Sitting for some 30 minutes, so that we can get the Chairman and the main players in to deal with this Bill?
Mr Second Deputy Speaker
Hon Members, we would suspend Sitting for half an hour, resuming at - [Pause] - We would take steps to see if we can invite the Chairman of the Committee in and then we would advise ourselves accordingly;
Mr Frederick Opare-Ansah
Mr Speaker, it looks like the problem has found its own solution.
Alhaji Pelpuo
Mr Speaker, the Chairman of the Constitutional and Legal Committee has come, so we can continue With the Bill.
Mr Opare-Ansah
Mr Speaker, our problem, why we --I believe we advised the Deputy Majority Leader to suggest that we S1lSp61'1Cl' Sitting, was not only due to the absence of the Chairman of the

Committee. I think it was also due to the absence of the Attorney-General and Minister for Justice or for that matter, any of his deputies.
BILLS - CONSIDERATION STAGE

Mr Opare-Ansah
Mr Speaker, I actually filed an amendment for clause (I) I believe but it has not been advertised yet It is a very-
Mr Speaker
Hon Minority Chief Whip, on clause 5?
Mr Opare-Ansah
No, Mr Speaker, clause (1).
Mr Second Deputy Speaker
On clause (I)? I think if it is not here, we would fish it out and deal with it later.
Mr Opare-Ansah
But the interesting thing about the amendment is that, it actually runs through the entire Bill. So if you would hear me, it would help us along the way.
Mr Second Deputy Speaker
Our difficult is that, it is not advertised, Hon Member. n
Mr Opare-Ansah
MI Speaker, you would agree with me that we have had several occasions doing several Bills to consider amendments that have not been advertised.
Mr Speaker, we are talking about a very, very. important Bill, which is supposed to cure a major political problem,
Mr Second Deputy Speaker
Hon Majority Leader, you would please, say your view.
Alhaji Pelpuo
Mr Speaker, I think that because we know that the Attorney- General and Minister for Justice was here and asked permission to step out to solve a particular problem - Mr Speaker, he is just Walking in. So I suppose/ that their concerns are automatically addressed with the presence of the Attorney-General and the Chairman of the Committee. So Mr Speaker, I urge that my Colleagues co- operate with us, so that we can continue with the Bill.
Mr Second Deputy Speaker
If you would allow the Hon Learned Attorney- General and Minister for Justice to be released, we would be pleased. Some people are trying to take some of his time. Hon Learned Attorney-General and Minister for Justice, you are most Welcome.
Particularly, one which would run through the entire Bill like you are saying.
Mr Opare-Ansah
Mr Speaker, I am sure if you listen to me, you would find out that it is a very innocuous amendment and you would be glad to have it.
Mr Second Deputy Speaker
Thank you very much; you indicate that it would be of great complexity and it would have far-reaching consequences and that is the very reason We would have to wait. Please, get it brought down properly, then we would proceed accordingly.
A Mr Opare-Ansah: I Thank you, Mr Speaker.
Mr Second Deputy Speaker
Thank you very much.
Chairman of the Committee (Mr Emmanuel K Bandua)
Mr Speaker, I beg to move Clause 5. - delete and insert the following:
(1) There is established by this Act an Advisory Council consisting of:
(a) the Speaker of Parliament as the Chairperson;
(b) one eminent citizen appointed by the incumbent President;
(c) one eminent citizen appointed by the person elected as the President; and
(2) For the purposes of subsection (l), the Speaker of Parliament who becomes the Chairperson of the Advisory Council shall continue as Chairperson despite a change in personnel in the Office of the Speaker until the completion of the work of the team.
(3) The Advisory Council shall determine the issue referred to the Council under subsection (4) of
Mr Opare-Ansah
Mr Speaker, may I propose further amendments to the proposed amendment? In clause 5 (1) (b), instead of "incumbent President" we simply say 'President". And in 5 (1) (c ), instead of "the person elected as the President", we say "President elect",
Mr Second Deputy Speaker
I think the last time we came to this particular agreement because just to describe the true situations in some detail to avoid doubt and ambiguity and that is why there was that understanding ". . . the person elected as President" and also ". . . by the incumbent President" to make it very clear, which President we are talking about and particularly when that is going to flow into other clauses.
Yes, Hon Members, any further observation on the amendment to clause
5?
Mr Peter W. Pepera
Mr Speaker, actually, on that point - [Interruptions]
Mr Pepera
Mr Speaker, actually, on that point, 1 am tending to agree with the Hon Minority Chief Whip, in the sense that if we are trying to clear up doubt, if

one says, for instance, clause (c) "one eminent person appointed by the person elected as the President" well, both the incumbent and the incoming were elected as President. So, in my view, it is quite clear that "President-elect" means the one who has recently been elected. And when we say "President", we mean the one who is President at the time. So, in my view, I feel the clarity is rather the other way.
Mr Opare-Ansah
Mr Speaker, when we are making laws, we should understand they are supposed to solve problems and also potential problems. We have had situations in neighbouring countries where we have seen more than one person hold themselves out as the person having been elected as President. So, if we are legislating today, it is important that we use some discretion and go on further in the interpretation section, define exactly who we mean.
This is because there are clear constitutional provisions as to who the President elect is or who that person to be considered as the person who has been elected as President is. That is why I feel that it is neater and it will avoid rather the ambiguity that I see in this particular instance. Those two persons, the incumbent President and the succeeding president are both persons who have been elected as President.
But the Constitution and various Acts talk about the President, and he is President until 7 "" January, when he has to handover. So, I cannot see any ambiguity at all if we keep on referring to him as the President.
Mr Speaker, throughout our jurisdiction, for anybody who has been freshly elected to hold any position, we know that the person is referred as that position elect. Until Mr Speaker was sworn in. as the Hon Second Deputy Speaker of this House, he was the Hon Second Deputy Speaker elect. So was
Mr J. B. Aidoo
Mr Speaker, the House has taken a position on this matter a long time ago. The point in time that the Hon Minority Chief Whip is talking about is the transitional period. Mr Speaker, at that point in time, there will be two Presidents; one that has been elected, that is the President-elect and the other one who has already been in office - [Interruption]
Mr Opare-Ansah
On a point of order!
Mr Speaker, the Constitution is clear about Who is President in this country. There can never be two Presidents in this country, until one's term has expired and the other has been sworn in. That is why we always talk about that little vacuum from the midnight of the transition period of 6*" January and 7th January, when automatically the incumbent President's term of office ceases to exist, yet the President elect has not been sworn in and for that matter, is not considered the President; when we all agree that when the Speaker of Parliament has not also been elected and sworn, then power in this country resides in the bosom of the Chief Justice.
So, there can never be two Presidents in this country.
Mr J. B. Aidoo Mr Speaker, I am talking about the President-elect - for purposes of clarity.
Mr Second Deputy Speaker
So, you have corrected your position?
Mr J. B. Aidoo
l have corrected myself.
Mr Second Deputy Speaker
Please, proceed.
Mr J. B. Aidoo Mr Speaker, at that point in time, once we have a President- elect and then another President who is about to leave office, we have to make a clear distinction between the two- That was why we agreed that we should qualify the "President" who is about to leave office, that is the incumbent office as against the President-elect
The two public officers have their positions running through almost all provisions of the Bill. One sees it running through almost all the clauses. And if We do not distinguish the two right from the Word "go", we may be having difficulties going through the Bill. So, I would urge my Hon Colleague to drop his argument and stand by the earlier decision that the House had already taken.
It is for the purpose that, as Mr Speaker, as you rightly said, there should not be ambiguity right from the Word "go", right from the onset, with regard to the two personalities we are talking about. If we leave the Bill, for instance, as it is trying to propose that it should be one eminent citizen appointed by the President, what President are we then talking about?
Right from the word "go", We must be very clear in our minds Whether we are talking about the President-elect or the incumbent President, which is very clear. So, I would urge him to drop his position.
Mr Boafo
Mr Speaker, during the Winnowing of this Bill, some explanation was proffered by His Lordship, Justice Crabbe as to why there was preference for these expressions. As a seasoned
Mr Boafo
Yes, Mr Speaker. It appears under 66 (1):
"A person elected as President shall
........"
That was why this expression was adopted in the current Bill before us. And to bring a more clarified distinction, he added the "incumbent" to the one who is the sitting President.
So, Mr Speaker, it has already been explained, this matter has been canvassed and rehashed in this House, and these two expressions, "incumbent President" and "the person elected as President" have been adopted.
Mr Second Deputy Speaker
Thank you, very much. That is very, very helpful for us to see the background.
Alhaji Pelpuo
MrSpeaker,I would want to support the Minority Chief Whip.
The reason is that I cannot see anybody in this Constitution described as "incumbent President". We have the President of the Republic of Ghana and so in my view, I think it is important that we remove the word "incumbent" and leave him as President. We can go to the interpretation column and define "President" meaning a "Sitting President".
As for "President-elect", well, you can say that the Constitution has described somebody as President, as a "person

elected as President". So you can reverse it and say "President-elect". That you can justify, but you cannot justify "incumbent President". l have seen that in most of the clauses we belaboured ourselves, repeating "incumbent President" and all that; let us just say, "The President". That is what is known in the Constitution and in the law and then we can define "The President" in the interpretation column as the sitting President, or the incumbent President so that we do not have this labour of repeating it all over in the body of the law.
Mr Opare-Ansah
Mr Speaker, indeed, I allude to the reference made by the Hon Member for Akropong, Mr Boafo. But if you examine it critically, you would realize that Whereas the reference in the Constitution is to a generic usage of the phrase, and with your permission, I beg to quote. It says:
"A person elected as President."
So it is defining that something is about to happen to that office or the office holder; it is very generic, whoever is holding it. But when you come to the Bill and what the Bill seeks to say, it is talking about "The person elected as President." If the President-elect as I refer to him, is elected as President, so is the one being referred to as the incumbent. And are many other former Presidents; they were all elected and so they are all elected Presidents.
But you want to be specific and say: "The President elect," because so far, he is the only one among the lot who holds that phrase as common usage in the country and then you can go back in the interpretations section and describe him as such, as the person who has just won the just-ended presidential elections. Otherwise, it is Very complicated because the sitting President is also an elected
Mr Hackman Owusu-Agyemang
Mr Speaker, I have not quite understood the problem of our Chief Whip. I think for the avoidance of doubt and for clarity, this is why this is put there - [ Interruption. ]
Mr Owusu-Agyemang
I do not think that I am convinced at all or persuaded by the argument of my Chief Whip, because I think we want to avoid any doubt and we want to be very clear by putting "incumbent" there, when especially (c) says: "by the person elected as the incoming President". I think it distinguishes both of them clearly. So I really do not see the problem. I think we should maintain the amendment as pro.posed by the Chairman of the Committee.
Mr Joseph Osei-OWusu
Mr Speaker, I would Wish to have your guidance. Do I understand that. this matter has been debated and voted upon, previously? If so Mr Speaker, I wish that the proper procedure in accordance with the rules is followed in reopening the matter.
Thank you Mr Speaker.
Mr J. B. Aidoo
Mr Speaker, I was coming on the same matter, The point is that this particular amendment we are struggling to do has already been

thoroughly debated and passed. So if the Hon Member is coming in again, then he should come back through the Second Consideration Stage and not at this stage.
Mr Second Deputy Speaker
In fact, if by clause 93 (3), they the Minority Chief Whip would want to withdraw and come to Second Consideration Stage. But nevertheless, let us face it. I have adopted a fluid approach to consideration and that is why this was at least, countenanced to some extent. If Hon Members had overwhelmingly been in support, we may well have come to a different conclusion that could go through the Bill as a whole.
But in the circumstance, I think the Hon Minority Chief Whip is inclined towards that direction.
Mr Opare-Ansah
Precisely so, Mr Speaker.
Mr Speaker, like I mentioned earlier, I have already filed this as a substantive amendment but I did not see it on the Order Paper and that is why lam raising it. Apparently, you have already put the Question on clauses l through 4. I was not really aware of that. So I agree with my Hon Colleague. The Clerk's Table has assured me that this would be appearing in Second Consideration. So we may step that down until -
Mr Second Deputy Speaker
You will not be stepping it down at this stage; it would not be much of stepping it down. You may proceed.
Mr Opare-Ansah
I am withdrawing it
Mr Second Deputy Speaker
Thank you very much.
So Hon Chairman?
Mr Bandua
Mr Speaker, so on that note, we proceed; you put the Question. ' Mr Second Deputy Speaker: I will put the Question on the amendment proposed by the Chairman. We are putting the
Mr Second Deputy Speaker
Hon Members, we are proceeding only by those amendments listed, because clauses 6 and 7 and others have already been dealt with. So we proceed to clause
8.
Clause 8 - Presidential Estates Unit.
Mr Bandua
Mr Speaker, I beg to move, clause 8, subclause (1), paragraph (a), line 1, delete "procure, in accordance with the Public Procurement Act, 2003 (Act 663), secure" and insert "take".
So the new rendition would be:
"To take and keep inventory of the assets and properties of the Government which are assets and properties not vested in the Lands Commission established under article 258 of the Constitution."
In fact, the reason for this amendment is that we want to separate procurement from taking inventory of assets and properties- We want to separate the two.
Mr Second Deputy Speaker
Very well; that was the line of argument the

other day and I must it has been packaged as a compromised position.

Question put and amendment agreed to.
Mr Bandua
Mr Speaker, indeed, the amendment is in the name of the Hon Minority Leader but I can take it for him.
Mr Second Deputy Speaker
Very well; please, proceed.
Mr Bandna
Mr Speaker, I beg to move, clause 8, subclause (1), paragraph (c), line 1, delete "practicable" -and insert "relevant".
Mr Second Deputy Speaker
Well, was it thought "relevant" was a more acceptable word?
Mr Bandua
It is a more acceptable word; because if we say -
"To ensure that where practicable, the assets and properties of the Government are transferred in good condition and tenant-able repair";
I think "Where relevant" is a more acceptable word.
Question put and amendment. agreed to.
Mr Bandua
Mr Speaker, I beg to move, clause 8 - add the following new subclause:
"(5) The Presidential Estates Unit is responsible for the procurement of any assets or properties of the Government which are assets and properties not vested in the Lands Commission".
In fact, this amendment has become necessary because we have taken "procurement" from the earlier ones. So we are now bringing in a new amendment to provide for "procurement".
Question put and amendment agreed to.
Mr Bandua
Mr Speaker, I beg to move, clause 8 - add the following new subclause:
"The Adminisuator-General shall in procuring assets, comply with the provisions of the Public Procurement Act, 2003 (Act 663)".
Indeed, since the Act has been provided for this procurement, we want to ensure that in procuring the properties, the Act is complied with. That is the reason for this amendment.
Alhaji Pelpuo
Mr Speaker, I am afraid about the wordiness or the verbosity of _ the two new subclauses. The new clause 5, is talking about the Presidential Estates Unit being responsible for procurement. We could just add "In accordance with the ProcurementAct, 2003", and that is it, rather than creating another subclause which really does not mean much; it means nothing.
We are simply being verbose and in law making, as we all know, we want to be straight to the point and not throw in so many words which otherwise, can be interpreted in future to create problems for everybody.
So Mr Speaker, I would want to suggest that and indeed, move that we add "In accordance with the procurement law" to subclause 5; so we do not need another subclause to the clause.
Mr Second Deputy Speaker
Hon Chairman of the Committee, are you inclined towards -
Mr Boafo
Mr Speaker, the proposed amendments deal with different subjects and in drafting, we do not lump the subjects together under one clause. The first amendment deals with the

responsibility of the Presidential Estates Unit. The second amendment deals with how the responsibility in Procurement is to be exercised. This is precisely what the amendment proposes to do. We separate subject matters; we do not lump them together in one clause or subclause.
Mr Second Deputy Speaker
And particularly, subclause 5 deals with matters other than procurement. It is not just procurement. It deals with matters of management of assets, and when it comes to procurement, the new paragraph is saying, in dealing with procurement, you should go by the procurement law. So please, let us make progress with regard to clause 8.
Any other contributions?
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Mr Second Deputy Speaker
Shall we go to clause 9, regarding which there was no listed amendment?
Clause 9 ordered to stand part of the Bill. '
Mr Second Deputy Speaker
Clause 10 has been dealt with; we shall move to clause 11.
Clause 11 - Election of Speaker.
Mr Bandua
Mr Speaker, I beg to move, clause ll, subclause (l), lines 1 and 2, delete "Within forty-eight hours after the declaration of the results of the presidential election and the general election" and insert the following:
"Two days before the dissolution of Parliament".
Mr Second Deputy Speaker
Hon Members, the proposed. amendment is for the consideration of the House, and the development shows that the Committee has done its winnowing very, very well.
Question put and amendment agreed to.
Mr Bandua
Mr Speaker, I beg to move, clause ll, subclause (1), line 2, delete "of" and insert "to".
I think that is a more appropriate article.
Question put and amendment agreed to.
Clause 1 1 as amended ordered to stand part of the Bill.
Clause 12 - Swearing in of the President.
Mr Bandua
Mr Speakr, I beg to move, clause 12, line 2, delete "precisely at 10.00 hours".
Mr Speaker, if we say "10.00 hours promptly", it is too rigid. So we want flexibility; we want some flexibility and that is why we want that time deleted.
‘Mr Speaker, if I may add that has been taken care of in the memorandum to the Bill
Mr Second Deputy Speaker
So Hon Member, you want clause 12 to stand as it is?
Mr Bandua
Mr Speaker, I want the amendment to be carried, the new rendition and it will read:
"The administration by the Chief Justice of the oath of office of the person elected as President shall take place on the 7'" of January following the Presidential election and in accordance with clause 3 of article 57 of the Constitution".
So "precisely at 10.00 hours" is to be deleted.
Mr Second Deputy Speaker
The proposed amendment is for the consideration of the House. We are not limiting everything to 10.00 hours.
Alhaji Pelpuo
Mr Speaker, I support the amendment but I just wonder what the cure to a possible problem of the elastic nature of 7th January will be in a situation where somebody deliberately says that 7th January stretches up to midnight, so we will not allow the swearing into take place and all that. What could be the possible cure? If the Chairman could explain that.
Mr Second Deputy Speaker
Incidentally, there is no handing over under our Constitution It is an expression which now is alien to us. There is no handing over. It is an expression which actually often has been associated with coups.
On the day in question, the Chief Justice simply swears in the President and when the Chief Justice swears in the President, he is President. Nobody hands over to him or her as elected. In fact, nobody will have anything to handover on that because the previous President will no more have been in office and he will have nothing to handover nemo dat quad non habet, the lawyers will tell you. You do not even have power as President;
Mr Opare-Ansah
Mr Speaker, I wanted us to consider a further amendment and it is to insert "GMT" after "10.00 hours". Mr Speaker, the reason is simple-
Mr Second Deputy Speaker
Hon Minority Chief Whip, we are removing "10.00 hours" so you cannot qualify it with GMT. It is going.
Mr Pepera
Mr Speaker, on this issue, I would want to clearly speak against this amendment. Already, as you mentioned earlier, there is a lacuna or there is a gap in presidential power between the midnight of the 6th of January and if it is 10.00 hours, is 10.00 hours. So if we do not actually have that 10 :00 hours business, then it means, in my view, we are encouraging laziness, that we can do it at any time, say, in the afternoon. At least, we should strive to have time.
So I will say that before 10.00 hours, we would be correct, or if we want to extend a little, certainly; before 12.00 noon on the 7th of January. I think that will do, rather than leave it nebulous, which means, we can even have the inauguration at 6.00, 7:00, 8.00 in the

evening and I do not think that is very precise as a nation. I do -not know what the situation is in the United States of America. But I am sure we should have some kind of time within the day.
Mr Second Deputy Speaker
Hon Members, this whole thing, "there is a gap" - are mistaking. There is no gap. If you look at the United States of America (USA) Constitution which we have copied, there is no gap actually. This is because when a President is not there, the Vice President is there. If the Vice President is not there, the Speaker is there.
If the Speaker is not there, the Chief Justice is there. On that occasion, the President will not be there. The Vice President will not be there. The Speaker will not be there. The Chief Justice is there and the Chief Justice is the Acting President of the Republic of Ghana.
Mr Pepera
Mr Speaker, thank you very much for the clarification.
Mr Opare-Ansah
Mr Speaker, it was something close to What my Hon Colleague raised, which prompted me to have wanted to add "GMT" to the time which is being taken off all together. But it is something that we need to probably advert our minds to, and it is the fact that you were just referring to the case of the United States of America.
Indeed, in their situation, there is a time clearly specified in their Constitution by which power is deemed to have been transferred to the President elect.
Whether the ceremony is able to take place on, before or after that time, the Constitution will recognize that person as the duly elected, President who holds that office. So, indeed, that function is more ceremonial that legal. So if we want to use this opportunity to instead put a specific time in there, by which time the President would be deemed to have taken
Mr Second Deputy Speaker
For now let us put this Question and we could come back to that.
Question put and amendment agreed to.
Clause 12 as amended ordered to stand part of the Bill.
Clause 13 - Interpretation.
Mr Bandua
Mr Speaker, I beg to move, clause 13, interpretation of "District Chief Executive", line l, after "of" delete "the" and insert "a" in line 2, delete "the" and insert "a".
Mr Speaker, it will read
"District Chief Executive includes the Chief Executive of a Municipal and a Metropolitan Assembly".
Mr Speaker, I think that is a better rendition than the earlier one.
Question put and amendment agreed to.
Mr Bandua
Mr Speaker, I beg to move, clause 13, interpretation of "Minister", delete and substitute the following:
"Minister" includes a Minister of State, a Deputy Minister of State, an Ambassador and a High Commissioner".
MI Speaker, in fact, this amendment has become necessary because in the earlier interpretation, we realized that apart from the "Minister of State" includes the

Minister and the Deputy Minister, we have added Regional Ministers and their respective Deputies. But according to article 256 of the Constitution, Regional Ministers are also Ministers of State. So there is no need for us to bring it here.

That is the reason for this amendment.

Question put and amendment agreed to.
Mr Second Deputy Speaker
There is a further amendment in the name of the Hon Minority Chief Whip.
Mr F. Opare-Ansah
Mr Speaker, actually it is in the name of the Hon Member for Suhum.
Mr Speaker, I beg to move, clause 13, interpretation of "official assets", lines 1 and 2, delete "official" and substitute "State-owned".
Mr Speaker, the reason is that, I believe in the phrase "official assets", what really the Interpretation section is trying to explain is the word "official" and not the "assets". But when you look at what pertains in the Interpretation now, "official assets" is interpreted as "official property". So, really, the word "official" goes to be repeated and you do not get to have any meaning to that. I believe by substituting "State-owned" for "official", we will be doing a better interpretation there.
Alhaji Pelpuo
Mr Speaker, "State Assets" rather than "State-owned assets" could be a better description. But again, "State Assets" or "State-owned Assets" mostly refer also to assets that are not yet even extracted. For example, gold under the control of the State not yet extracted are State assets. So, it is 8 Wider
Mr Opare-Ansah
Mr Speaker, the Deputy Majority Leader would agree that if there were no cause to explain, it would not have found its way into the Interpretation section in the first place. He said, "official assets" are widely known and understood. However, somebody found it necessary to put it in the Interpretation section. It means there is some need for it.
My submission is that if you want to explain official assets, everybody knows what an asset is. I do not think the emphasis of the explanation is on the word "assets". It is on what is official, that is where there could be any contention.
For that matter, I am suggesting that we substitute "State-owned", which has no ambiguity at all for "official" which is the-reason someone is trying to explain what "official asset" is, to be State-owned asset. It could be wider as the Hon Colleague says, but in the space of this particular law, it means that any asset or property as they seek to interpret, would be referring to something that is owned by the State.
So, if in the wider vein, it could refer to gold that we will one day mine in Wa Central or some other place in the country, clearly, that is not what this Bill is talking about.
This Act will be talking about things that Will have to be in consideration during

the transition from one democratically elected government to the next and that is what the Interpretations will be referring to. So, it is simply to ensure that there is no ambiguity to the usage of the word "official".
Mr Bandua
Mr Speaker, I think I oppose the amendment on the grounds that in fact, the "official" qualifies the type of assets- He is saying we should make it "State assets", then it will become necessary for us to distinguish between "State" and "Government". But "official" covers both State and Government assets, assets that belong to Government and assets that belong to the State.
So, if it is still "official", it is official; so it rather muddies the whole situation. So, I think that we rather prefer "official". That will make it simpler and we will know that official properties are official properties. That is my position and I oppose the amendment.
Mr Pepera
Mr Speaker, I would like to oppose his opposition because I do not think there is any ambiguity in the sense that the State, the Republic of Ghana is the State. I do not think any particular Government elected or otherwise, owns assets. If it is Government officials with private assets, they are not classified as the State-owned as described. I do not know why there should be some kind of distinction between Government and what is a State-owned.
The Government is only there to manage the assets for a period of four or eight years. So, therefore, I see no ambiguity. On that basis, I am opposing the opposition and therefore, supporting the amendment.
Thank you, Mr Speaker.
Mr J. B. Aidoo
Mr -Speaker, "official" is a well-known term. We know, we have an official bungalow, an official vehicle- bungalow. I have not heard of a State- owned vehicle- [interruption] No! Chief Whip, we have official vehicles; it is as simple as that; that is government vehicle- We are talking about government assets. So, government vehicle, that is an official vehicle.
Why do you have to complicate matters for all of us and even those who are going to read this law? I think one aspect of the law is that, we must make it also understandable to -
Mr Second Deputy Speaker
Hon Member, so you support the amendment or you oppose the amendment?
Mr J. B. Aidoo
Mr Speaker, I am opposing the Chief Whip's amendment. [Interruption]
Alhaji Pelpuo
Mr Speaker, it does not appear we understand what we are voting for. The amendment here is what is referred to as what the Chief Whip is asking for, which is that we should change "official assets" to "State-owned assets" and a lot of people say, "no", let us make it "official". So, when the vote is taken, people think that they are voting for "official". They do not know that they are voting for "State-owned".
Mr Speaker, I would want to sound to my Friends, that the position of the Chairman, which is also championed by Hon Aidoo is that, we should maintain "official assets" and most of us think it is the right way to go. We are not voting for "State- owned". So, if you say "yes", it means you are voting for "State-owned",
Mr Second Deputy Speaker
I will put the Question.
Hon Minority Chief Whip, you also want to campaign?
Mr Opare-Ansah
Mr Speaker, precisely so. That is what the Deputy Majority Leader was doing in this late day.
Mr Second Deputy Speaker
So, you also want to campaign?
Mr Opare-Ansah
Mr Speaker, when campaign period was clearly closed by Mr Speaker, he got up and started campaigning.
Mr Speaker, the gamut of the whole argument is that somebody thinks that "official" is not popular enough, so he has to interpret it and that is how it found its Way to the Interpretation section. And I am saying that if we get to the Interpretation section and we are trying to explain "official assets" and then we end up by saying it is "official property" then we have not explained anything.
So if we insist on interpreting the phrase "official assets", then the better interpretation will be "State-owned assets" because clearly, the argument is not about property and assets - everybody knows what property is - [interruptions] - If we end up interpreting "official assets" as "official property", then you have not done anything. If we want somebody to clear their minds - [ Interruptions] - then it is "State-owned".
Mr Second Deputy Speaker
The Hon Chairman will have the last campaign Word.
Mr Bandua
We are not interpreting "official". We are only using "official" to qualify the type of assets we have. The issue is that, we are not trying to interpret "official" - [Interruptions]
Mr Second Deputy Speaker
Order! Order! Yes, Hon Chairman, you have the floor.
Mr Bandua
It only qualifies the type of assets that we have, and that is why it is "official assets". And what does "official assets" mean? The "official" qualifies the assets. We are not interpreting "official" in particular per se.
Mr Opare-Ausah
Mr Speaker, I do not know if the Chairman has read the Interpretation Let me read it fully for him. Clause 13, it says, "official assets include official property and all kinds and any other official thing". Mr Speaker, - [Interruption] - He has now seen the light. He has now seen the light, Mr Speaker, and I hope there will be many more like him.
Alhaji Pelpuo
Mr Speaker, "official assets" - we have no problem with that. But we can have problems with repeating the word we want to interpret in the definition of it So rather than say "official property" we can say "State property". So that it will solve it - So we can have "official assets" remaining the same but in interpreting it, we do not repeat the same thing and say "official property"; we say "State property".
So Mr Speaker, I think that the Hon Chairman has agreed with me and I will move that in - [Interruptions] - interpreting "official assets", we delete the word official and insert "State" to solve" the problem.
Mr Second Deputy Speaker
"State- owned" something -
Alhaji Pelpuo
"State - owned property" - but we might not even say "owned". When you say "State property" it is State properly. We do not need to say "State - owned property".
Mr Second Deputy Speaker
Very well. But you canjustsay"State- owned" for the avoidance of doubt.
Hon Chairman of the Committee, the Hon Deputy Chief Whip says you have seen some light. Have you seen the light?
Mr Bandua
I do not think I have seen it yet -
Mr Second Deputy Speaker
All right, if you have not seen the light -
Question put and amendment agreed to.
Mr Second Deputy Speaker
Further amendment to clause 13, Chairman of the Committee?
Mr Bandua
Mr Speaker, I beg to move, clause 13 - Interpretation of "political appointee" delete. This is because of the earlier amendment that we made to "Minister", we delete "political appointee".
Question put and amendment agreed to.
Mr Second Deputy Speaker
Further amendment, the last amendment to. clause 13, standing in the name of the Hon Chairman of the Committee.
Mr Bandua
Mr Speaker, I beg to move, add the following new Interpretation: "Team, means the transition team constituted under Section 1 (1)".
Question put and amendment agreed to.
Clause 13 as amended ordered to stand part of the Bill.
Mr Boafo
Mr Speaker, I got up to draw your attention to an earlier amendment we made under clause 2. We made an amendment to change "Chairpersons" to
Mr Bandua
Mr Speaker, then that should be consequential if I understand you properly.
Mr Boafo
Mr Speaker, I have made the observation and if your directive is that, we leave it to the drafts-persons.
Mr Second Deputy Speaker
I direct that the drafts-persons should consider that accordingly. Clause 14, we are considering the amendment.
Clause 14 - Transitional Provisions
Mr Opare-Ansah
Mr Speaker, I beg to move, clause 14 - add the following new subclause:
"Within twenty-four hours after the declaration of the results of the presidential election in accordance with clauses 3 and 4 of article 63 of the Constitution, the Minister responsible for National Security shall meet with and brief the President-elect and thereafter, periodically, during the transition period, the frequency of such meetings to be determined by the President-elect during this maiden meeting".
Mr Speaker, if you look at the situation that pertains in most advanced democracies, you would realize that even before the assumption of office of newly elected Presidents, there will usually be very much in tune with national security situations and this is not achieved because they know it all. It is because of

arrangements that exist within their Statutes. That is the first one. The second one is that if the situation should arise, such that there is the potential for some instability, the President-elect being possibly from one side of the political divide and the Minister for National Security possibly also from the other side, begins to sit and talk alone about national issues

I believe this will be a major step forward and it will give a true picture to either side to know exactly what is happening and it will duly prepare the President-elect to assume office properly. That is why I proposed this amendment. I believe Hon Members will support it.
Mr Boafo
Mr Speaker, the proposal is in order but it appears it seeks to establish a parallel or rival role. This is because it is already under clause 2 (b): We have catered for the security briefing by the transition team and it appears that if we are to adopt the proposed amendment by the Hon Minority Chief Whip, we will be setting up two bodies advising on security issues to the person elected as the President, and Mr Speaker, significantly, the Minister responsible for National Security is one of the persons to be nominated by the incumbent President as a member of the transitional team.
So the periodic briefing -It is not even periodic. It said that the team is "to ensure daily national security briefings for the person elected as President during the period before the assumption of office by the person elected as President". So, I think it is already catered for.
After the assumption of the person already elected as President, he will get his own team, including the National Security Minister or the National Security Coordinator, who will be advising him from
Mr Second Deputy Speaker
Hon Minority Chief Whip, in view of this, what is your inclination?
Mr Avoka
Mr Speaker, the amendment is in the right direction but it has already been catered for under clause 2 as the Hon Member for Akropong has indicated. We believe the functions of the transition team, that is, clause 2 (b) are "to ensure daily national security briefings for the person elected as President during the period before the assumption of office by the person elected as President"; so it has been taken care of
Mr Opare-Ansah
Mr Speaker, you would agree with me that the Minister responsible for National Security does attend Cabinet meetings. That notwithstanding, he still finds space and time to brief the President separately, quite apart from his attendance at the Cabinet meetings. It is clear that the Minister responsible for National Security may have information that is for the eyes and ears of only the President and may not necessarily have to take this through the transition team.
Mr Speaker, we just approved a certain amendment here which was to lay emphasis on the fact that the Procurement Authority within the Presidency will have to abide by the provisions of the Procurement Act of 2003 . If you take the Procurement Act -
Mr Second Deputy Speaker
Hon Minority Chief Whip, you stand-by your proposed amendment?
Mr Opare-Ansah
Mr Speaker, I do. I am just making a point that -
Mr Second Deputy Speaker
I think you have canvassed it -
Mr Opare-Ansah
Mr Speaker, not quite. Just to say that although the Procurement Act enjoins all public institutions to use that, we have just for emphasis said that we shall go by the Procurement Act So what is wrong if- - Clause 2 is making a general provision and we are for emphasis saying that, specifically, the Minister responsible for National Security -
Mr Second Deputy Speaker
Should also brief-
Mr Opare-Ansah
Will do this particular one-
I Mr Second Deputy Speaker: Thank you very much.
Mr Opare-Ansah
There is nothing wrong with it, Mr Speaker.
Mr Second Deputy Speaker
Very well I think Hon Members have - This is very clear if Hon Members want that to be repeated or not. "
Question put and amendment negatived.
Mr Second Deputy Speaker
I will put the Question on clause 14 standing part of the Bill -
Mr Bandua
Mr Speaker, there is a proposed amendment to clause 14 (3); I do not know whether you have it.
Mr Second Deputy Speaker
Yes, very well. The one not advertised and which you seek to advertise now on a piece of paper? Please, go ahead.
Mr Bandua
Thank you very much, Mr Speaker, for obliging us.
Mr Speaker, I beg to move, at the end of clause 14(3), add the following
"and accordingly a public officer shall not -
Mr Speaker, since we just advertised, I would want to take the Whole provision, so it will read:
"14(3)A public officer, whose office is not specified in the Schedule, continues to hold office on the assumption of office of the person elected as President, subject to the provisions of the Constitution and of the relevant law applicable to that r public officer and accordingly the public officer shall not be asked to proceed on leave or vacate office as a result of the assumption of office by the person elected as President."
Mr Boafo Mr Speaker, I do not see the need for this amendment. The amendment is psychologically unfit for this Bill, as if the person is appointed by some ghost somewhere.
Secondly, Mr Speaker, the provision itself, that is, subclause (3) takes care of the anxiety of the Hon Chairman. Subclause 3 says that public officer's tenure is subject to the provisions of the Constitution and of the relevant law applicable to that public officer. So the Constitution itself, which is predicated on the rule of law, takes care of that fear of "proceed on leave" or summary termination or dismissal.

Mr Speaker, if you go to article 23 of the 1992 Constitution, that article cautions administrative officers in the exercise of their functions to be fair and reasonable -- And it goes on to give a remedy to a person who is aggrieved by the action of the administrative officer.

Mr Speaker, that is, article 23 of our 1992 Constitution, and with your permission, I would read: The heading is "Administrative Justice" and it is provided:

"Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal."

Mr Speaker, this is catered for sufficiently in the 1992 Constitution and the law recognised this particular part and had made such provisions subject to the Constitution and to any other relevant - Any other relevant provision is the labour law of this country, which takes care of summary dismissals and terminations.

So l think the proposed amendment, with the greatest respect to the Hon Chairman, is irrelevant and incompetent.
Mr Second Deputy Speaker
Chairman of the Committee, I want to hear you too.
Mr Bandua
MI Speaker, I think having listened to the Hon Member for Akropong, I will agree that this amendment, if Hon Members so wish, be withdrawn.
Mr Second Deputy Speaker
Do you want to withdraw the proposed amendment? [Pause] Very well. The proposed amendment is withdrawn.
Amendment withdrawn by leave of the House.
Clause 14 ordered to stand part of the Bill.
Long Title -
Mr Bandua
Mr Speaker, I beg to move, Long Title, line 1, delete "in practice"
Mr Speaker, I think it is superfluous; so it would read:
"An ACT to establish arrangements for the political transfer. . ."
And it goes on.
Mr Second Deputy Speaker
It is very clear.
Question put and amendment agreed to.
Mr Second Deputy Speaker
Further amendment in the name of Hon Frederick Opare-Ansah.
Mr Opare-Ansah
Mr Speaker, I beg to move, Long Title, line 2, delete "one" and substitute "an incumbent" and further delete "another" and substitute "the succeeding".
Mr Speaker, this is to help clear any ambiguities that may arise in anybody's mind and in the minds of any persons who try to usurp power by going through the backdoor of some confusion that may exist in the interpretation of this particular Act.

If we do as l have indicated, the entire Long Title will read as:

"An ACT to establish arrangements for the political transfer of Administration from an incumbent democratically elected President to the succeeding democratically elected President to provide for the regulation of the political transfer of power and for related matters".

Mr Speaker, it makes it clear that it is from the incumbent to the elected succeeding President. That is the effect of this amendment.
Mr Second Deputy Speaker
Is this not a way of trying to bring in through the Window that which has already been thrown out of the door?
Alhaji Pelpuo
Mr Speaker, I think we are revisiting the old argument about the description of one President and the other. I think the rendition of the Long Title is adequate. We do not need those kinds of distinctions.
In fact, I am against describing the sitting President as "incumbent President" because we do not have anything called "the incumbent president" in the Constitution. So it is all right this way but we have an elected President.
Mr Second Deputy Speaker
But that is what we have already adopted.
Alhaji Pelpuo
We have already done that. So Mr Speaker, I think we should not go back there since we have already taken a decision on it.
Mr Pepera
Mr Speaker, it seems we are all arguing against ourselves. The Hon Member for Suhmn was against the "incumbent" when we were debating earlier and he is now in favour of it. And
Dr (Alhaji) Alhassan
MrSpeaker, the essence of the Bill is to transfer government from one group to another. Why do we not take out the issue of "elected President" and put "elected Government" in both cases, so that the issue of President is even silent, not to talk about incumbency and others?
Mr Second Deputy Speaker
The "elected President" has become a term of art under this law.
Alhaji Pelpuo
Mr Speaker, the title of this Bill is "Presidential Bill". So it is about the President, it is not about the Government. So I think that even though his concerns are genuine, it is still important to maintain the "President".
Mr Second Deputy Speaker
Yes, that is very true.
Hon Minority Chief Whip, you will have the last word and.
Mr Opare-Ansah
Mr Speaker, just to remind the House - Indeed, my earlier proposal of amending the description of "President" and "the President-elect" has not been thrown out. I withdrew it with

the understanding that there is a window of opportunity through the Second Consideration Stage.

Indeed, as I admitted, I was not aware that the Question had been put on the first-
Mr Second Deputy Speaker
And for now, it is asked.
Mr Opare-Ansah
Indeed, that window still exists, Mr Speaker. What I sought to do with this amendment was not to - And you would agree if you look at the Memorandum to the amendment that I submitted, the word there. So it was not an afterthought that the first one had been thrown away. So let me come through the window.
Mr Second Deputy Speaker
Hon Minority Chief Whip, would you not want in your future effort to put all these together?
Mr Opare-Ansah
Mr Speaker, the two are not mutually exclusive.
Mr Opare-Ansah
What I am seeking with this is to say that the Long Title gives everybody a clear idea about what the entire Bill is. That is why you will see the draftspersons go there and labour to put in "democratically elected" and all those things.
If we go by the arguments put forward, then it should be presumed that indeed, since we are in a democracy and we have incumbent government, why do we describe it as "democratically elected"? Why would the Presidential Transition Bill try to even make prescriptions for undemocratically elected government; then we could go on to say we should even remove that and just say "the President"?
Mr Avoka
I would want to, with due respect, oppose the amendment.
Mr Speaker, the purpose of this Bill is to deepen democracy and good governance, It will take care of What you are saying - even those who take the country to ransom or adventurers. So that is why we are saying cancel "Administration" to "from one democratically elected President" so that if somebody takes the reins of government by force, which is not democratic, he cannot avail himself of the provisions of this law.
So in this respect, I think that the provisions as contained in the original Bill should be maintained.
Question put and amendment negatived.
The Long Title as amended ordered to stand part of the Bill.
Mr Second Deputy Speaker
Hon Members, I direct that Sitting be held beyond the prescribed period even if for a moment.
Schedule ordered to stand part of the Bill
Mr Second Deputy Speaker
And that brings us to the end of the Consideration Stage.
Mr Avoka
Mr Speaker, I would want to submit that this brings us to the end of today's proceedings with regard to the consideration of this Bill and other businesses. I would want to remind Hon Colleagues that We have an appointment with the Electoral Commissioner this afternoon. I know we have been Sitting since morning and it is now five minutes after 2 o'clock
Mr Avoka
Well, my watch says so.
Mr Second Deputy Speaker
By my watch.
Mr Very well. We take what your watch has said. It is a few minutes after 2 o'clock.
Ideally, we were to meet the Electoral Commissioner at 2 o'clock but in view of the fact that Hon Members and the Hon Speaker have been piloting this Bill for some time now we may need a few minutes to refresh ourselves and come back for the meeting with the Electoral Commissioner. It is against this background that I propose we adjourn, come back at 3 o'clock to take the briefing.
In fact, we thought we were even going to close by 2.30 p.m. to be able to complete the Bill but happily, we have closed at five minutes after 2.00 p.m. So ifHon Members will oblige, we can make it 2.30 p.m., so that those of us who have not refreshed ourselves, will do so and come back by

The Electoral Commissioner had earlier reported but we told him to go and come back at 3.00 p.m. because of the challenges that we had on the floor of the House.

Mr Speaker, so I think that for the avoidance of doubt, let us make it 3 o'clock ,so that we do not mislead the Electoral Commissioner; and those of us who have to take lunch, we take it and
Mr Pepera
Mr Speaker, actually, I object to this kind of thing because when we were talking about the Business Statement, we had this same thing where Leadership goes ahead, takes a decision before actually coming to consult the House, or we the Backbenchers. And it looks like the same thing is being done again. The 2.30 p.m., I think is acceptable and then only to be told that they have gone ahead and told the Electoral Commissioner to postpone from 2 o'clock to 3 o'clock.
It is a fait accompli; we cannot now say, "no", we cannot agree on 2.30 p.m. because if it is 2.3 0 p.m., he will of course, say that it has been postponed to 3.00 p.m; so he has gone and will come back
Mr Speaker, I would want to say on behalf of the Backbenchers that we actually do not like what is going on but we have no choice.
Mr Avoka
Mr Speaker, I do not know what my Hon Colleague is saying. I said that the Electoral Commissioner had come to Parliament by 2 o'clock but we were still dealing with the Presidential Transition"Bill and we thought that we should conclude the Bill today. So I anticipated that we might go with the Bill up to about 2.30 p.m. before we close or

finish with the Bill. In the circumstance, we said he should come back at 3 o'clock latest.

I think we would have finished with the Bill and also taken some lunch and listened to him. It is not a dictation of any sort; I thought we were assessing the manner in which the amendments were being debated. That is all. We did not want the Electoral Commissioner to go and come back while we are still in the Chamber and that is not a question of Leadership imposing anything on any Backbencher.
Mr Second Deputy Speaker
Thank you very much.
Hon Minority Leader, do you have any observation?
Mr Kyei-Mensah-Bonsu
Mr Speaker, there is nothing useful to add.
Mr Second Deputy Speaker
Hon Members, the House will stand adjourned till tomorrow at 10 o'clock in the forenoon, save that we Will come back at 3 o'clock as Committee of the Whole to deliberate with the Electoral Commissioner.
Thank you very much, Hon Members.
ADJOURNMENT

  • The House was adjourned at 2.10 pm till Wednesday, 14th March, 2 012 at 10.00 am.