Debates of 19 Mar 2012

MADAM SPEAKER
PRAYERS
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT
Madam Speaker
Hon Members, Correction of Votes and Proceedings of Friday, the 16th of March, 2012.
Page 1. . .10 -
Mr Osei Kyei-Mensah-B0nsu
Madam Speaker, sorry to take us back to page 5, in respect of the item listed as 4, that is the Members who were absent.
Madam Speaker, I notice that number 15 the Hon Cletus Apul Avoka. Madam Speaker, we do know that the Hon Gentleman, the Majority Leader, is representing Ghana on the Commonwealth Parliamentary Association meeting in Zambia. I thought that - indeed, he even showed the leave of absence letter to me before he travelled. I want to believe that for such an occasion, such an event, it cannot be said that the Member is absent --- the Majority Leader is absent without permission.
Mr Gershon K. B. Gbediame
Madam Speaker, I remember very well signing his leave of absence form and I asked the secretariat to send it to your office._ He actually filled a leave of absence form, so I am surprised that it has been indicated here that he is absent. The correction should be done.
Mr Ambrose P. Dery
Madam Speaker, I think that this is a kind of situation that we discussed the last time, where the Leader of the House is on official assignment to represent the country and the Parliament of Ghana and yet, it has been put down as absent. Assuming he did not even submit the form, I think it is a matter that we should all take notice of; I do not want to say judicial notice.
But it is something that the whole Institution should take note of He said it on the floor of the House. I think that we need to re-look at absence in situations such as this, and he should be put as "absent with permission, whether he is sending the form or not.
Mr Kyei-Mensah-Bonsu
Madam Speaker, further to that, I think the critical consideration is that, the invitation came -- it was routed Through your office, it came to him and then his response that he would be able to represent our Parliament. Then you approved of his departure, including other considerations that went into providing him with the relevant enablement to travel.
So I am at a loss to see that the person is marked as "absent" without permission. I think we can take note of this and then move on.
Madam Speaker
Yes, but that is exactly what we are doing, is that not it? Correcting the Votes and Proceedings which said that he was absent without permission to travel.
Dr Matthew O. Prempeh
Madam Speaker, I was for once thinking of what the Leaders were trying to do here.
Dr Matthew O. Prempeh
The instructions are clear. Permission is not sought when the person is in the air-bourne. Permission is sought before the person leaves, so that Madam Speaker can approve for it be sent to the Table Office, so that it would be recorded.
So the Majority Leader is representing us, which I believe so, likewise any other ordinary Member who goes on an official assignment. It has been said time and over again that, even if you are going on an official assignment to the Pan-African Parliament or the ECOWAS Parliament or whatever, permission should still be sought in that individual's capacity to leave the jurisdiction.

Madam Speaker, I will plead with your Chair that you direct that if anybody is going on an official assignment, then the Table Office should, at least be notified because I wonder how the Majority Chief Whip says, "I gave the Leader permission"- It looks 'something'.

So Madam Speaker, let it affect all of us. Let it affect every Hon Member of the House who goes on an official assignment, not segregate or cause apartments in this House, that it can only affect the Leaders.
Mr Dery
Madam Speaker, I think that we are talking of the principle of any Member of Parliament going on an assignment on behalf of the House. That is Why the last time we were talking of official delegation such as Pan-African Parliament, ECOWAS and all other statutory meetings. So it is not restricted to Leadership only but to any Member of Parliament whose absence is known, especially when it is approved by the system and support is given.

Madam Speaker, so I want to correct the impression -- that there are no two sets of rules here, we are all equal here and there is only one set of rules for all of us.
Madam Speaker
Hon Member, I do not know whether you were here the last time we discussed this topic. We just discussed the same topic and agreed to follow the rules which says that we should not do it en bloc like, saying, that ten Members are going but each one should submit a form and be brought together. I think we had taken that decision two weeks ago, having related it to the rules
Mr Dery
Madam Speaker, thank you very much.
I have been consistent the last time and now. Madam Speaker will recall that I gave the example of a Member of Parliament who was in Bolgatanga or for instance, Navrongo and Leadership invites that Member of Parliament to attend a meeting at Koforidua. Does the Hon Member have to come to Accra to fill a form individually? I thought that was not the case.
So, I have been consistent on this matter since then. It is interesting to note that the Majority Leader himself that day was on the other side - [Laughter] - and today he is there. But that is to let us understand the practical challenges that we have when we are dealing with such delegation in that situation and statutory meetings, and We need to take note of that act accordingly.
Madam Speaker, I was here and I was consistent and I recall the Hon Member for Sekondi saying that generally, that is the rule. It is not a rule that admits of no exceptions and Madam Speaker, you determine in this House what should happen. We are the master of our own rules and so these practical challenges we invite you to take note of that and deal with the matter appropriately from case to case.
Madam Speaker
Yes, I think that is exactly what I am doing. When it was brought to my attention that these people were on a delegation and we all do know that, yes, they were, then we allow it. If as you say, you find yourself somewhere from Accra and you have to leave from there to another place, of course, you could call or when you come and correct it, it would be corrected because the rules are there and we did decide to follow them. But that is not to say that We cannot make - for instance, we are not saying that we will not correct the Votes and Proceedings, and we accept it that he is not here but he should have been with permission.
Thank you.

Hon Members, the Votes and Proceedings of Friday, 16th March, 2012 as corrected is adopted as the true record of proceedings.

We do not have an Official Report for today.

Hon Pelpuo, should we move on? There are no Statements too-

.At the Commencement of Public Business - Hon Pelpuo, are we ready with Presentation of Papers in item 4?

Alhaji Abdul-Rashid Pelpuo Madam Speaker, yes. We have the Hon Minister for Roads and Highways who we wish to request your permission for him to lay Papers, that is item 4 (a) and (b), on behalf of the Ministers for Education and Health, with the indulgence of my Hon Colleagues opposite.
Madam Speaker
Yes, if you agree, shall we lay the Paper on 4 (a)?
Mr Dery
Madam Speaker, I just want to make a comment about the way the Hon Deputy Majority Leader made the application.

I thought that the right procedure was for him to say that the specific Minister or the particular Minister is not available and probably, the reason for the absence. Then ask that in the absence of that Minister, a Deputy or a colleague Minister should apply.

Madam Speaker, that has not happened; he stood up and the first thing he said was to ask the Minister for Roads and Highways to lay the Papers (a) and (b). Now, the Paper (a) is by the Minister for Education, he has not told us where the Minister for Education is.

We are flexible enough to accommodate our challenges but we should not be seen as trying to abdicate our role in this House and just allow the Executive ride roughshod over us.

So I would crave his indulgence to tell us, at least, Where the Minister for Education is and then based on the circumstance, we would be prepared to accommodate him because we all want these matters to be dealt With. But at the same time, we have to respect, first, Parliament and second the procedure.
Alhaji Pelpuo
Madam Speaker, I do agree with him. The Minister for Education has detailed his Deputy to lay the Paper on his behalf, but as at the time we were to do the laying, he was still on his way coming. So I just thought that once there is a substantive Cabinet Minister here, we could just ask him to do it
The Minister for Health, we called him and talked to him and he said he was on his way. So Madam Speaker, I will crave their indulgence to allow them to lay the Paper.
Mr Dery
Madam Speaker, in view of what the Deputy Majority Leader has said, we would agree to have the Minister for Roads and Transport lay the Paper.
PAPERS
Madam Speaker
So, standing down 4 (0), then let us move to 4 (d).
By the Deputy Majority Leader of the House (Alhaji Abdul-Rash'dPelpuo) (on behalf of the Majority Leader of the House)-
Report of the Auditor-General on the Pre-University Educational Institutions for the Financial Year ended 31st December, 2009.
Referred to the Public Accounts Committee

By the Chairman of the Committee -

(i) Report of the Finance Committee on the Financing Agreement between the Republic of Ghana and the International Development Association for an amount of sixteen million Special Drawing Rights (SDR16.0 million) [US$294 million equivalent] to finance the First Phase of the Inter-Zonal Transmission Hub Project of the West Africa Power Pool (APL3) Programme.

(ii) Report of the Finance Committee on the COFACE Buyer Credit Agreement between Ghana Crid Company Limited with Government of the Republic of Ghana as guarantor and Société Géneral for an amount of thirty-four million, fifty-four thousand, four hundred and sixty-five euros and eight cents (€ 34,054,465 .08) for the financing of the Substations Reliability Enhancement Project (SREP).

(iii) Report of the Finance Committee on the COFACE Buyer credit Agreement between Ghana Crid Company Limited with Government of the Republic of Ghana as guarantor and Société General for an amount of forty-eight million, one hunched and forty-eight thousand, three hundred and seventy euros and two cents (€ 48,148,370.02) to finance the Tumu-Han-Wa Transmission Project.

By the Chairman of the Committee -

(i) Report of the Joint Committee on Finance and Works and Housing on the Credit Agreement between the Government of the Republic of

Ghana and Raiffeisen Bank International AG Vienna, Austria for an amount of € 8,870,000.00 for a Phase l Water Supply Scheme for the Adaklu Anyigbe and North Tongu Districts and the Ho Municipality.
Mr James K. Avedzi
Madam Speaker, item 4 (t) (ii) and (iii) are not ready yet, so, we will defer them to tomorrow.
Madam Speaker
What about 4 (g)?
Mr Avedzi
Madam Speaker, it is the same.
Madam Speaker
All right, deferred.
Alhaji Pelpuo Madam Speaker, we may move to item 7. On item 6, we are yet to hear from the Attorney-General and because it is very specific to him, we want to move to item 7. We understand that he is on his way coming- When he comes, at any time, we could go back to it.
Madam Speaker
What about item 5?
Hon Pelpuo, I did not hear anything.
Alhaji Pelpuo
Madam Speaker, we tried to contact the Hon Minister, if we get him, he will come but if permission can be granted for another Minister to move the Motion-
Madam Speaker
Yes, at this stage, the Second Deputy Speaker will take over.
MR SECOND DEPUTY SPEAKER
Mr Second Deputy Speaker
Hon Deputy Majority Leader, are we taking item 5?
Alhaji Pelpuo
Mr Speaker, we will take item 7.
Mr Second Deputy Speaker
Hon Members, University of Professional Studies Bill, 2011 at the Consideration Stage. c
BILLS -- CONSIDERATION STAGE
Mr Puozaa
Mr Speaker, I beg to move, clause 3, subclause(1), lines 1 to 3, delete "diplomas, certificate and other academic distinctions including honorary degrees, diplomas and certificates" and substitute the following:
"diplomas and other certificates including honorary degrees".
So that the new rendition would read as follows -
"The university shall award its degrees, diplomas and other certificates including honorary degrees."
Mr Second Deputy Speaker
Hon Chairman, will they award degrees?
Mr Puozaa
Yes, please.
Mr Second Deputy Speaker
The University of Professional Studies will award degrees?
Mr Puozaa
Yes, they would.
Mr Second Deputy Speaker
With that, let us get it straight and move forward.
Mr William O Boafo
MrSpeaker, do I understand the Chairman to say that he wants the university to award degrees? This is because he is deleting subclause.
Mr Puozaa
Mr Speaker, we are not deleting the whole thing. We are only deleting part of that line (1) -
Mr Second Deputy Speaker
Delete from "diplomas" ending "certificates" and then you substitute -
Mr Puozaa
So it is going to read -
"shall award its own degrees, diplomas and certificates including honorary degrees."
Mr Second Deputy Speaker
But why do you want to use the two words, "its own"? The degrees they will award would be their degrees- If you want the institution to award degrees, say so but definitely, not "its own", as if they can award University of Ghana degrees. They will award their own degrees; it is tautologous.
Mr Puozaa
Mr Speaker, I think the directive is right.
Mr Second Deputy Speaker
So read the full rendition and let us make progress.
Mr Puozaa
' "The university shall award degrees, diplomas and other certificates including honorary degrees."
It is neater that way.
Mr Boafo
Mr Speaker, normally, the usual parlance that we hear is that honorary degrees are conferred, they are not awarded. I would want to know why the Chairman is sticking to "award of honorary degrees".
Mr Second Deputy Speaker
But in actual fact, it is still an award -
Prof. Dominic K. Fobih
Mr Speaker, the honorary degrees are just special decrees given for some distinction service that the individual has performed and therefore it is a matter of offering it to the person and so it is not awarded. So conferment is the appropriate terminology here.
Mr Second Deputy Speaker
Hon Chairman, your viewpoint -- though I do not agree with the Hon Member, but it is for consideration. In fact, in advertising congregation, it is common to hear that "where degrees will be conferred on graduands". So the degrees are conferred but they have worked for it. So conferring is not excluded to those who win the award by way of an honorary degree.
Mr Joseph B. Aidoo
Mr Speaker, in the university of Health and Allied Sciences, we used the word award, that was what we used and we have to be consistent in What we are doing. So there is nothing wrong applying the same term here. .
Mr Second Deputy Speaker
The word 'award' is neutral and it may be because you have worked for it byway of a formal examination or that you are deemed to be a proper person on whom that can be conferred - you have been awarded.
Shall we make progress.
Mr Boafo
Mr Speaker, it is not advertised but subclause 2 (b) of clause 3 - [Interruptions] - Mr Speaker, I have just been cautioned that we have to finish with Whether it is 'award' or 'conferment' before we can make progress.
Mr Kyei-Mensah-Bonsu
Mr Speaker, just to follow on the lines of the Hon Member for Amenf. East.
I think for consistency sake, we may try to look at how we captured this in the previous Acts and for the University of
Mr Second Deputy Speaker
Hon Chairman, we have gone this path way before. Shall we adopt that?
Mr Puozaa
Mr Speaker, as I said, for consistency, let us do so.
Question put and amendment agreed to
Mr Second Deputy Speaker
Further amendment- Hon Boafo.
Mr Boafo
Mr Speaker, the amendment is in respect of subclause (2) (d) where it is provided that there is a room for withdrawal if in the opinion of the university the award is tainted. Mr Speaker, "in the opinion" should rather be referable to a body. I will prefer that instead of 'university' we say ‘Council.'
Mr Second Deputy Speaker
Hon Boafo, you are talking about 3 (2) (b).
Mr Boafo It provides as follows -
S "The university may withdraw a degree, diploma or certificate it has awarded if it has evidence that the degree, diploma or certificate
(b) is tainted by an act that in the opinion of the University -"
Mr Speaker, I am saying that it would be more appropriate if we say that in the opinion of the council - that is, the

Council which can form an opinion but not the university which is a fiction.
Mr Kyei-Mensah-Bonsu
Mr Speaker, first of all, the Council is part of the university establishment. So in my view, if we have a "university" it is a broader and better way of capturing same, because we could have responsibility entrusted to some investigative body to delve into the process of acquisition of a degree, certificate or whatever, and if it is established that the process is tainted by fraud then, of course, the university could withdraw.
So I think that maintaining the "university" is better than making it exclusive to the Council; that is the first issue
Mr Speaker, the second issue relates to how we have captured subclause (2)(b). If we may recollect, in dealing with the earlier pieces of legislation with respect to the universities in the Volta Region and in the Brong Ahafo Region, We indicated that the tainting could only refer to the process and not the certificate or the degree. The degree may not be tainted but it is rather the process of acquisition that could be tainted.
So if we again captured the language for the establishment of the two universities, I guess it would be better. And if I may, Mr Speaker, with your indulgence read how we captured same for the two universities:
"The University may withdraw a degree, diploma or certificate it has awarded if it has evidence that proves that
(a) the degree, diploma, or certificate was obtained through fraud, academic malpractice, or
Mr Puozaa
Mr Speaker, that is really the right thing to do.
Question put and amendment agreed to.
Mr Second Deputy Speaker
Hon Chairman, wherever we would finish at this morning, I would advise that since we have traversed this pathway before, let us not try to reinvent the wheel.
Mr Boafo
Mr Speaker, I want to crave your indulgence to make further observation because of your flexibility approach in the Consideration Stage -
Mr Second Deputy Speaker
Hon Member, please go ahead.
Mr Boafo
Mr Speaker, I rarely find in the corporate law practice that they would say "in the opinion of a company"; they say "in the opinion of the Board" but I would not pursue that.
Secondly, Mr Speaker, the expression "in the opinion" is too subjective. It does not give any clear parameters for judgement.
Mr Second Deputy Speaker
Can we have the -new rendition? .
Mr Boafo
Mr Speaker, the new rendition would just take out "in the opinion of the University" and -
Mr Second Deputy Speaker
So "in the opinion" is no longer there?
Mr Boafo
Mr Speaker, it is still there, with the rendition given by the Hon Minority Leader.
Mr Second Deputy Speaker
It is there; all right go ahead.
Mr Boafo Mr Speaker, I would prefer that, to make it more objective, we take out "in the opinion of the University", so that there will be objective assessment and not something which is peculiarly within the knowledge of the university to determine. So best international practices that should be adopted, that it would enhance the status of the university.
Mr Speaker, the third observation is that, this argument of "let us be consistent with the previous legislation", I do not think we should always buy that submission because we cannot repeat our mistakes. If it is clear that the previous amendment that we have adopted or the phraseology sins against any aspect of the law, we must be prepared to depart from it. This is just for guidance.
Mr Second Deputy Speaker
Thank you very much.
We will definitely be guided by that.
Mr Kyei- Mensah-Bonsu
Mr Speaker, I agree with the Hon Member for Akropong that we do not have to impose upon ourselves that mantra of always being consistent, even if in the bid to be consistent, We put ourselves unto a cul- de sac, but I agree with him.
Mr Second Deputy Speaker
Of every single judge.
Mr Kyei-Mensah-Bonsu
Of every single judge. So I do not even see how it detracts from because beyond the evidence that is adduced before the judges, they analyse and come to a determination. That determination is the opinion of that singular judge; so I do not see where we have faulted if we go on the lines that we are adopting. Judges are allowed to have opinions but not academicians in this particular case. Mr Speaker, I will not -
Mr Second Deputy Speaker
And in fact, in coming to that conclusion, they will be acting in an adjudicatory manner. In fact, they will be judging.
Mr Kyei-Mensah-Bonsu
Absolutely.
Mr Second Deputy Speaker
Yes, administratively
Mr Kyei-Mensah-Bonsu
Mr Speaker, it does not derogate from it that it is based on their opinion. After a well reasoned consideration of the matter before them, the final determination is their opinion.
Mr Second Deputy Speaker
And that basis can be challenged in any court of competent jurisdiction so it is a matter of usage and the words you want to apply.
rose
Mr Second Deputy Speaker
Hon Chairman of the Committee.
Mr Puozaa
Mr Speaker, I think it is -
Mr Second Deputy Speaker
I think the Hon Deputy Majority Leader wanted to express some views. I would like to take the Hon Members before the Chairman.
Alhaji Pelpuo
MI Speaker, I just Wanted to introduce the word. 'objective" before "opinion" to see whether it 'would not solve the problem.
Mr Puozaa
Mr Speaker, I think if we maintain it this way, apart from being consistent, it does not offend any barrier. More so, "in the opinion of the University" simply means that it is a body being represented by the University, Whether it is Council or who ever takes that
Mr Second Deputy Speaker
Very well. So shall we put the Question on that amendment?
Mr Puozaa
Mr Speaker, I wish you could.
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Mr Puozaa
Mr Speaker, I beg to move, clause 4, subclause (1), paragraph (a), before "education", insert "higher professional".
Mr Second Deputy Speaker
So that it will read -
Mr Puozaa
So that it reads, "The aims of the University are:
(a) to provide higher professional' education through teaching and research".
Mr Second Deputy Speaker
Hon Members, the proposed amendment is for the consideration of the House, emphasising "professional". [Pause]
Question put and amendment agreed to.
Mr Second Deputy Speaker
Further amendment - clause 4.
Mr Puozaa
Mr Speaker, I beg to move, clause 4, subclause (2), delete "Despite subsection (l)."
So that it reads directly,
A "The University shall place emphasis on -
(a) courses of relevance".
Mr Kyei-Mensah-Bonsu
Mr Speaker, I am sorry I could not catch your eye before the Hon Chairman moved for the amendment in subclause (2).
Mr Speaker, for subclause (1) the aims of the University - To provide education through teaching and research. I think we have determined that the aims of the University shall not relate only to the provision of education but also to the dissemination of knowledge related to the core sandy areas. I do not know why in this particular case, that function has been left out - dissemination of knowledge related to the core areas of that University.
Mr Puozaa
Mr Speaker, I think the Hon Minority Leader may kindly go over the suggestion being made.
Mr Kyei-Mensah-Bonsu
Mr Speaker, for those ones that we crafted earlier, the University of Ghana, University of Health and Allied Sciences, I think Energy and Natural Resources, we adopted this position. The aims of the University are to provide higher education, in this case, it seeks to qualify the 'higher education' with higher professional education, disseminate knowledge related to that, undertake research and foster relationship with persons outside the institution in accordance with the following principles" -
We then came down and described the process to achieving same, that is in the Preamble, So I do not know- How it has been couched now, I believe it gives us
Mr Second Deputy Speaker
So Hon Minority Leader, shall we venture an appropriate -
Alhaji Pelpuo
Mr Speaker, I would like us to take note of clause (4) (c) which talks about publication of books, journals and other suitable means of disseminating research work and Whether it would not answer to his concerns, because basically, what the University does is also to define research positions and disseminate them in the form of information and books.
Mr Second Deputy Speaker
Hon Minority Leader, your attention is being drawn to clause 4 (2) (c) -"Publication of books, journals and other suitable means of disseminating research work".
Mr Kyei-Mensah-Bonsu
Mr Speaker, it is the process of advancing that course that has been put down there, but that one should be part of the principal aims of the University. This one is just the process of disseminating the information, but it is not captured in the broad Preamble; that is the point that I am making.
Mr Speaker, indeed, my position is what we have done in all the earlier ones, and that is why I am recommending same to the Hon Chair.
Mr Second Deputy Speaker
And the recommendation is -
Mr Kyei-Mensah-Bonsu
Mr Speaker, as I indicated, in those ones we said the aims of the University are to provide, in this particular case, higher professional education, disseminate knowledge related to that fact and undertake research and foster relations with persons outside the Institution in accordance with the following principles - And then the principles are those ones that have been captured in clause 4 (2) and other places.
So I thought the better way to do it is to follow that line that we have established in respect of the University of Ghana, University of Health and Allied Sciences, and Energy and Natural Resources.
Mr Second Deputy Speaker
Hon Chairman, I Would recommend that pathway -research, dissemination, teaching, all those matters are quite appropriately captured In fact, I ventured to ask, why do you want us to adopt another path. Why?
What we have done successfully, we are not saying we are stuck necessarily, but that should be our reference point and then we depart when we think it is Wise to do so. But to adopt another format in this manner, I am sorry, can take unnecessary time of the Honourable House.
This would be stood down and you will kindly reconcile accordingly. So clause 4, the rest of it is stood down, so that we can make appropriate progress -

Clause 5 - The University Council-
Mr Puozaa
Mr Speaker, I beg to move, clause 5, subclause (1), delete and substitute the following:
"The governing body of the University is a Council consisting of:
Mr Puozaa
(a) a chairperson nominated by the President;
(b) the Vice-Chancellor;
(c) 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;
(t) one elected representative of the Professional Bodies of Accoun- tants and Marketers;
(g) one elected representative of the Ghana National Chamber of Commerce;
(h) one elected representative of the . University of Professional Studies Alumni;
(1) one elected representative of the , Teachers and Education Workers Union;
Q) one elected representative of the Conference of Heads of Assisted Senior High Schools;
(k) one representative of the National Council for Tertiary Education;
(1) one representative of the undergraduate students of the University elected by the Students' Representative Council; and
(m) one representative of the post- graduate students of the Univer- sity elected by the Graduate Students Association".

This has been found necessary because the original Bill really is not comprehensive enough so the Committee felt there was the need to include other bodies outside the University.
Mr Second Deputy Speaker
And specifically, which bodies have_ been included so that we analyse those ones very fast.
Mr Puozaa
Mr Speaker, for instance, we have included the alumni of the University. Then one representative of the National Council for Tertiary Education was not part of it, we have included that.
Then (t) "one elected representative of the Professional Bodies of Accountants and Marketers."
Mr Boafo
Mr Speaker, my first observation is on paragraph (a):
"a chairperson nominated by the President".
Mr Speaker, the constitutional mandate of the President is being derogated here; the President does not nominate, he appoints under article 70. And if you look at subclause (2) of clause 5, the Chairperson and other Members of the council shall be appointed by the President in accordance with article 70 of the Constitution.
Article 70 of the Constitution provides that the Chairman and the governing Council shall be appointed by the President. So I do not understand this legislating for nomination in this particular Bill.
Mr Second Deputy Speaker
If Hon Minority Leader has the previous legislation, I would be glad if he can help the House by reference to whether it is "appoints" that We have or "nominate" that is there. If Hon Boafo may help you in that regard, as to what he is referring to.
Mr Kyei-Mensah-Bonsu
Mr Speaker, we debated this thoroughly in the House in respect of the University of Health and Allied Sciences but we decided that we should leave it, that the President may nominate in respect of the chairperson. And then even the other members to be nominated by the President.
Mr Second Deputy Speaker
But is the President going to nominate or appoint?
Mr Kyei-Mensah-Bonsu
No. For the first one, the President nominates them and then the appointment to those positions will then be confirmed by the (2) "the chairperson and other members of the council shall be appointed by the President". Indeed, that is how we captured them in those earlier ones, so for the University of Health and Allied Sciences -
Mr Second Deputy Speaker
Hon Boafo, I hope you are with Hon Minority Leader so that we can -
Mr Kyei-Mensah-Bonsu
The governing body of the University is a council consisting of:
(a) the chairperson nominated by the President,
(b) the Vice Chancellor,
(0) 5 persons nominated by the President.
That in respect of clause 5 and then subclause (3) of clause 5 provides, "The chairperson and other members of the council shall be appointed by the President in accordance with article 70 of the Constitution. So Mr Speaker, We have precedent.
Mr Boafo
Mr Speaker, this is what I was saying that it has been debated in the House. Some of us were not present during the debate to share the views at that time and this is our independent opinion on the matter.
Mr Second Deputy Speaker
Very well. Hon Boafo, in fact, I am very much in favour of our going back where necessary. Hon Members can help this honourable House by referring to what we did earlier and why you think we should make further progress by taking a different position. It helps the debate so that we know exactly what we are going.
So if you feel strongly on that, kindly argue from that point of view, then we all know where we are, at least, then we are not talking in variance, only we want to develop what we have already decided upon. That of course is allowed; so please make that clear then We proceed.
Mr Boafo Mr Speaker, the language of the Constitution is clear on this matter. It says under article 70 (1) (d):
"The President shall, acting in consultation With the Council of State, appoint -
(d) the Chairmen and other members of the -
(iii) the governing bodies of public corporations;
iv) a National Council for Higher Education howsoever described".
Mr Speaker, the language is clear. The impression being given by the current rendition is to the effect that if you do not provide in this Bill which should become an Act, that the President shall nominate, then it means some other person has the right to nominate for the President to appoint, but that is not what is envisaged by the Constitution.
Mr Kyei-Mensah-Bonsu
None

Mr Second Deputy" Speaker: Hon Minority Leader, if you will spare us five minutes. Hon Boafo, you may proceed.
Mr Boafo
Mr Speaker, I was saying that the current rendition presupposes that if you do not make that provision in this Bill, then it gives room or the impression that some other person can nominate for the President to appoint.
My understanding of article 70 is that, this prerogative of nomination and appointment is a preserve for the President. And the process of nomination is inherent in that appointment envisage under article 70 to avoid a situation of conflict. Mr Speaker, that is my position on the matter- to avoid conflict of official responsibility.
Mr Kyei-Mensah-Bonsu
Mr Speaker, I was just about taking a bow to go and deal with the President's nominations placed before this House in respect of Ministers. IvIr Speaker, the Ministers the President has nominated, Parliament has to give prior approval to, and then he appoints them to office. At various places, the President makes nominations and then after the approval, he appoints.
Mr Speaker, the language that came before us in this Bill, was that the nomination should be done by the Minister in respect of those two Bills, then this House in its wisdom said that, it should be done by the President and then we adopted same. I am very much worried about this revisionist posturing by the Hon W. O. Boafo, ably supported by the Hon Yieleh Chireh.
Mr Speaker, I have always insisted that we should be very consistent in these matters and I clearly remember that when we were arguing on those ones, the Hon Yieleh Chireh argued that the nomination should be done by the President. It does appear that he wants to make a u-turn this morning -He is scratching his head that he never did that, the Hansard would bear me out, that he argued that he should be nominated by the President.

So Mr Speaker, I think even if it is going to be done by the Minister, I think I would agree with that and the President then appoints them. The Minister in doing that certainly, would consult closely with the President Whatever it is, I have no qualms whether it is by the Minister or by the President himself. But the final appointment into office would be done by the President in accord with the relevant provisions of our Constitution which is article 70.
Mr Chireh
MrSpeaker, my position on this matter has always been very clear. We do not even need to talk about nomination at all because if we say that the President would appoint a Chairperson, he is going to appoint everybody including the Chairperson. There is a process by which the Chairperson is selected and it is the sector Minister who would call for the background information about people before they are submitted.
So we should not be talking about the President nominating and at the same time appointing. I mean it does not make sense because there are constituent bodies that nominate for the President to appoint. So once he has the final authority, it is also assumed that the Minister would be the one who would screen and bring the people for the appointment.
So we do not need to say that the Chairperson to be nominated by the President. How can the President be nominating and at the same time be appointing? It is a process that has to come through the sector.
So I think that we should just leave it, no nomination there. Even if we are to talk about any nomination, it should be by the Minister.
But you see, this is a university and for economic freedom and all those things --we do not want to introduce this issue
Prof. Fobih
Mr Speaker, I do not see any conflict in what is put in this Bill. It is only affirming that the Chairman of the Council is the President's nominee. That is all the affirmation is about. And like all the other Members of the Council, the constituencies which nominate them are indicated. So there is no conflict. In fact, the President's power to appoint is acknowledged in paragraph 2 of the Bill, so there is no conflict here and that is what runs through all the Bills we have passed recently.
Mr Puozaa
Mr Speaker, I think the Ranking Member has really come out with the correct picture that informed us as a committee, that the issue of nomination is just a duty that the President has to perform just as he does with all other state appointments. Nomination is done and finally, appointment follows. So that was how we took it.
But if the House feels otherwise, we could go back to the original where it is just stated that:
"The governing body of the University is a Council consisting of a Chairperson".
Other than that, then, I think the issue should be carried.
Dr A. A. Osei
Mr Speaker, l accept the Chairman's earlier acceptance of the Ranking Member's interpretation. But this thing about going back to what it is, I think

some nomination has to be there and l do not have any difficulty giving the President four choices here. I think the President has the right to. My only difficulty with that new rendition from the Chairman is that, the Chairman did not explain what (1) means, because - "one elected representative of the professional bodies of accounts", what is that? Professional bodies of accounts and marketers, what is that?
Mr Second Deputy Speaker
Of accountants and marketers.
Mr Albert Kan-Dapaah
Mr Speaker, not only that, Institute of Professional Studies (IPS) used to specialize in training accountants and marketing executives. Is the suggestion now that there should be a representative who is either an accountant or from the marketing body?
Number two, MI Speaker, there are so many accountancy bodies in Ghana. We have the ACCA, we have the English Chartered; there are so many people here who belong to different bodies. But there is only one body which is recognized by the law in Ghana which is the Institute of Chartered Accountants. So I think it is better we state the Institute of Chartered Accountants.
Again, when we come to the marketing executives, there is the Chartered Institute of Marketing, which is the main body that takes care of the members - [Interruption] - legally recognized. So it may be better to state the Institute of Chartered Accountants (Ghana) and the Chartered Institute of Marketing (Ghana)
Dr A. A. Osei
Mr Speaker, but assuming tomorrow another body gets legalized, then we have excluded them. So 1 think we should put there "legally recognized in that sense" so that anyone that comes thereafter can also apply. But
Mr Kan-Dapaah
Mr Speaker, except that all the other bodies are also legally recognized. I mean, I am ACCA; I am a legally recognized accountant in Ghana.
Dr A. A. Osei
Mr Speaker, that is why I asked -he gave us the notion that they are the ones legally recognized and that is why I came from there. Maybe - [interruption.]
Mr Kan-Dapaah
You see, Mr Speaker, the position is that, any accountant whatever your qualification, you have to join the Institute of Chartered Accountants to be able to practice in Ghana. In spite of that, we have the Chartered Institute of Management Accountants, we have the ACCA, we have the English Chartered; there are so many such bodies. All of them I think are legally recognized to the extent that they can operate as accountants in this country. I think the Institute of Chartered Accountants would cover everything.
Mr Second Deputy Speaker
And I think we have d.one this before, nevertheless.
rose
Mr Second Deputy Speaker
Hon Member for-
Papa Owusu-Ankomah
Thank you Mr-
Mr Second Deputy Speaker
Hon Member, I have not finished your title. Hon Member for "Sakunde. "
Papa Owusu-Ankomah
Thank you very much, Mr Speaker. That is the traditional name for the constituency.
Mr Second Deputy Speaker
Yes.
Papa Owusu-Ankomah
Mr Speaker, I believe that if there are professional associations, we should not restrict nomination to any one single association. If as it is stated here - "one elected representative of the professional bodies of accountants and marketers", should be enough.
Mr Speaker, you are aware that we have the Christian Council and then the Catholic Bishops Conference, in some of the constitutional provisions or some of the legislations, we have nominations from the Christian Council - is composed of so many churches. By their own internal arrangement, they nominate one person. We should not restrict it to one particular body. After all, there is freedom of association in this country and we want the best.
Indeed, when you restrict it to the Institute of Chartered Accountants, it then restricts the group of people from whom they can even nominate one person. Let us not forget, every institution has its own politics. Se woye ICA, this man is ACCA, he does not participate in our activities, so we cannot nominate him.
I believe, as it is, it is all right. It is up to the professional bodies to agree and then nominate one person. How they go about it, is their own business.
Mr Second Deputy Speaker
We want to get clear where we are now then Hon Members, 'you come in. "One elected representative of the professional bodies of accountants and marketers" where even "professional bodies" will not be small "p" and small "b". I am sure Hon Members see the point. Those professional bodies, simpliciter.
Mr Chireh
Mr Speaker, indeed, I support the position of Hon Papa Owusu- Ankomah for two reasons. The first reason is what he said that, we should not be restricting this to the recognised and known institutions. One time, I argued for, this time, I am arguing against. This is because, the issue is that the Constitution allows anybody to form an association, particularly, professional associations. So, if some people, for one reason, decide to form their own and you exclude them in all these memberships, it is not right.
Number two, there are two sets of professional groups here and electing one person. So, it would even be more appropriate to leave it at professional bodies rather than specify one because it is possible that any of the accountancy associations could be nominated. It allows for people to be given a choice. The marketers too - it is not that - if you looked at it, the marketers too would also even prefer to have their own.
But they are all together to bring one person. That is Why it is better to leave it at "professional bodies" instead of specifying. If we do, then we will be tempted to also specify for the marketers.
Mr Kan-Dapaah
Mr Speaker, the truth of the matter is that, today, there is anAct of Parliament, the Institute of Chartered Accountants Act, which says that, for any accountant, whatever the qualification, to be able to practice accountancy and

auditing, he must be a member of that institute. I do not understand why the Hon Member for Sekondi is talking about freedom of association and others coming in.

We have the Ghana Bar Association and you cannot just get up and form Ghana Bar Association Alumni 1960 and then say that you are also coming to compete. There is a law in Ghana which says, before you practice accountancy, you must be a member of the Institute of Chartered Accountants. Until that law is changed, I have difficulty in accepting What he is saying.

Then, with respect to What the Hon Member for Wa West just said, Mr Speaker, we are clearly talking about accounting and marketing executives. If you say 'professional bodies', it can include quantity surveyors, it can include lawyers, it can include all sorts of professions. I mean, clearly, we are not talking about all sorts of professions. We are talking about only two professions and I think that is what we need to address our minds to.
Dr A. A. Osei
Mr Speaker, I do not know why my senior, Hon Kan-Dapaah is using the law for the argument. We are looking for people to serve on a Council, not necessarily to practice accountancy.
So, a law cannot compel us to say that because the law says you must be a chartered accountant and belong to this, therefore we are choosing you to serve. I have no difficulty having a law saying that before you can practice, you should belong there; but this is serving on the Council.
It is quite possible to have people who are accomplished but are not practising. They have been there before, they do not belong to it but they could well be the ones who will do the job here. This is because we are not taking them thereto go and certify people as accountants- No, that is not what they are going to do.
Mr Kan-Dapaah
Mr Speaker, I think this is very simple. -If we were talking of say a lawyer, it would have been irregular to say one elected representative of the professional bodies of lawyers. Clearly, we would have limited it to a member of Ghana Bar Association because there is a body that represents accountants in this country and that is the Institute of Chartered Accountants. So, why do we want to leave it open like that.
Mr Agbesi
Mr Speaker, I do agree perfectly with Hon Kan-Dapaah. He gave us examples. If they are looking for representative of lawyers, they do not go to take any lawyer in the group, they take a representative from the Ghana Bar Association. The same thing must apply to what we are looking at. If we are looking for a representative of the professional bodies, it must be somebody from that recognised body; not anybody who professes to be in that profession but does not belong to that grouping. It must be the recognised body that must nominate or elect one to represent that body.
Mr W. O. Boafo
Mr Speaker, I just want to find out from the Hon Chairman why practitioners of procurement are not considered under this? Why they have limited it to accountants and marketers only and have not considered procurement practitioners?
Mr Puozaa
I think these two professional bodies are those most relevant to the institution that We are trying to carve this thing for. They are training accountants and marketers. This is What they are doing.
But if you want to extend it further, most of those who come out from that school also end up as bankers. You get it? So, I think it is better for us to leave it as fluid, as it is, so that whoever is appointing can do what he or she wants to do. But if you insist, then, just as in the case of the lawyers, you talk of Ghana Bar Association, we could as well limit ourselves to the Institute of Chartered Accountants, Ghana and the Chartered Institute of Marketers. It would not cost us anything.
Mr Chireh
Mr Speaker, I see the point that they are trying to make. But you see, if in law We are talking about an accountant We mean one who is recognised under the Institute of Chartered Accountants Act, and therefore, the issue does not have to be specific. Now, we are saying that you cannot go then and say this person is representing accountants when he has not been registered. Indeed, before they even consider his nomination from anybody, the basic thing is that you should belong to the Institute of Chartered Accountants.
So, that is Why I am saying, we do not need to do that. As he himself is saying, We have the ACCA, we have the ACMA, and all these are practising in Ghana today.
Mr Second Deputy Speaker
In-terms of the historical role of IPS, would you put all those professions at par? Just for our guidance, Hon Kan-Dapaah, if you may be of assistance. In terms of the historical role of IPS, accountants, marketers and procurer's, would you put them at par?
Mr Kan-Dapaah
Oh, no. IPS used to train people in marketing and also in accountancy. This must be a new development - procurement. I am not even aware of any professional course in procurement that is run at IPS.
Mr Second Deputy Speaker
Hon Members, "one elected representative of the professional bodies of accountants and marketers". Chairman, shall it be all right for you?
Mr Puozaa
Yes, Mr Speaker.
Mr Boafo
Mr Speaker, on (f) or the whole of (5)?
Mr Second Deputy Speaker
We are at (5) and we are talking specifically of (f):
"one elected representative of the professional bodies of accountants and marketers,"
where all the capital letters are made small letters.
Question put and amendment agreed to.
Mr Second Deputy Speaker
Further amendment, Chairman, the amendment listed (vi),
unless there is something in particular with regard to the amendment listed (v).
Mr Boafo
Mr Speaker, that is in respect of (c):
"three persons nominated by the President."
Mr Speaker, We have always tried to be gender sensitive when we come to such nominations from the President. I think We did that when we were considering the Colleges of Education Bill. So I want to find out from the Chairman why this time we are not gender sensitive.
Mr Second Deputy Speaker
Once more, Hon Chairman, in fact, when it is 2.00 o'clock and a number of these things come, I tell you that I would not be inclined going on beyond 2.00 o'clock. If matters we have resolved, which are so clear continue to come up, and We all know the rendition that has been adopted, I must say it is a bit difficult So Hon Boafo,
Mr Boafo Mr Speaker, the new rendition would be
"three persons nominated by the President, at least one of whom is a woman."
Question put and amendment agreed to.
Mr Second Deputy Speaker
So we have a further amendment to clause (5) standing in the name of the Chairman of the Committee. Chairman, I hope you are with me on this matter, hat we do not want to spend time on the obvious; this we have just done a few days or weeks or months ago.
Mr Puozaa
Mr Speaker, I beg to move, clause 5, add the following new clauses:
"{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."
Hon Boafo's view is being taken care of in this new subclause.
Mr Boafo
Mr Speaker, I asked myself about the last line: "knowledge and relevant experience." Relevant to what?

Mr Speaker, I would prefer to see the "knowledge and experience" being related to the mandate of the university.
Mr Second Deputy Speaker
Hon Boafo, if you venture rendition, it would make it clearer.
Mr Boafo
Mr Speaker,
"The President in making the appointments under paragraphs (a) and (0) of subsection (1), shall have regard to the academic quali- fications, leadership qualities, gender, expertise in finance, management, knowledge and experience relevant to the mandate of the university."
Mr Speaker, a more expansive provision was adopted in Act (8) of University of Health and Allied Science Act, 2011 and there, the provision related to the knowledge and relevant experience to health and allied science. That is why I am prompted to draw the Chairman's attention to -
Mr Second Deputy Speaker
Very well. So that we should simply say:
". . . management, knowledge and experience relative to the mandate of the university."
Mr Boafo
Very well, Mr Speaker.
Mr Second Deputy Speaker
Hon Chairman, is that satisfactory to you?
Mr Puozaa
Exactly so, it is right for us.
Dr A. A. Osei
_ Mr Speaker, just a few seconds ago, you were talking about the historical mandate of IPS in producing accountants and marketers, and here we want expertise in finance and management
Mr Second Deputy Speaker
So it is just a matter of qualifying further in line with what Hon Boafo has said, which is taken on board: "relative to the mandate of the university", leaving out "relevant". Nevertheless, accountancy, marketing should come even if we want to add "finance" and "management" which we may want to do. But in terms of the recognition of the core function of the university,
"expertise in accountancy, marketing, finance, management, knowledge and experience relative to the mandate of the university."
Mr Puoza
Mr Speaker, what about just limiting ourselves to that omnibus phrase "relevant to the mandate of . . ." and leaving out these various areas like finance, management, accountancy -
Mr Second Deputy Speaker
"The President in making the appointments under paragraphs (a) and (c) of subsection (1) shall have regard to the academic qualifi- cations, leadership qualities, gender and expertise relative to the mandate of the university."
Hon Members, I am quite clear.
Question put and amendment agreed to.
Mr Second Deputy Speaker
Shall I say that is all the amendment with regard" to that part listed as (vi)?
Clause 5 as amended ordered to" stand part of the Bill.
Clause 6 - Functions of the Council.
Mr Puozaa
Mr Speaker, I beg to move, clause 6, subclause (1), add the following new paragraphs:
"(i) determine the strategic direction of the University, and monitor and evaluate policy implementation;
(ii) ensure the creation of an environ- ment of equal opportunity for the university without regard to ethnicity, sex, race, religious belief or political affiliation."
Question put and amendment agreed to.
Mr Puozaa
. Mr Speaker, I beg to move clause 6, subclause (3 ), delete.
Mr Speaker, it is being deleted because it has been deleted elsewhere.
Mr Boafo
Mr Speaker, if I may help the Chairman.
At page 18 of the Order Paper, there is the provision of a new clause on establishment of committees, proposed amendment. Maybe that is why the Chairman is deleting the new rendition providing two separate paragraphs or subclauses.
Mr Puozaa
Mr Speaker, I do agree with the views being expressed by Hon Boafo.
Mr Second Deputy Speaker
The new clause provided as, and listed as (xxxiv), please, move the amendment accordingly.
Mr Puozaa
Mr Speaker, I beg to move, new clause - Add the following new clause after clause 6:
"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 function that the Council considers appropriate.
(2) A committee comprised entirely of non-members shall be advisory."
Dr A. A. Osei
Mr Speaker, that is not my understanding. It should come after clause 6, not as part of it.
MrPuoza
Mr Speaker, (xxxiv) is being shifted -
Mr Second Deputy Speaker
Why do we not leave that to the drafts persons? When we come there we will look at it. It will save us a lot of trouble. Just note it accordingly.
So subclause (3) of clause 6 is accordingly deleted.
Question put and amendment agreed to.
Clause 6 as amended ordered to stand part of the Bill.
Clause 7 -Tenure of office of members of the Council.
Mr Puozaa
Mr Speaker, I beg to move, clause 7, subclause (1), line 2, delete "four" and substitute "three"
It will read as follows:
"A member of the Council except the Vice Chancellor shall hold office for a period of three years and is eligible for re appointment for another term."
This was elaborately discussed after the Colleges of Education Bill and after the discussion, the conclusion was that, at least the tenure of office of the Vice- Chancellor should be three years so that there will be some sort of institutional memory when the new Vice Chancellor leaves, because it will be overlapping. I think this is What we agreed on. It is three years for the Pro Vice Chancellor and four years for the Vice Chancellor.
Dr A. A. Osei
Mr Speaker, we are talking about a member of the Council except the Vice Chancellor, not whether you are "vice" or you are "pro". We are talking about all the members except the
Mr Puozaa
Mr Speaker, this relates to other universities; so, for the purpose of consistency.
Mr Boafo Mr Speaker, it appears that if you go through the membership of the Council carefully, you will see that the Vice Chancellor is the only ex official member of the Council who will hold his position as a Vice Chancellor beyond a period of three years. So long as he remains a Vice- Chancellor, he would continue to be a member of the Council and the tenure of his office as a Vice Chancellor may be in excess of three years, that is why he is being exempted from the three-year rule.
Dr A. A. Osei
Mr Speaker, are they saying that this is the norm for the other universities? ls that for consistency? But the reason has to be very clear. If that is so, I accept it, but just saying that we have brought it down, this is for the sake of consistency with the other laws we have passed-
All right.
Mr Puozaa
Mr Speaker, for instance, we have here the University of Energy and Natural -
Question put and amendment agreed to.
Clause 7 as amended ordered to stand part of the Bill.
Mr Boafo
Mr Speaker, I have some observation on clause 7. In the first place, clause 7 (1) at the end, I think We should add the word "only".
". . . and is eligible for any appointment for another term only."
Mr Puozaa
Mr Speaker, on this, he is right.
Question put and amendment agreed to.
Mr Boafo Mr Speaker, on clause 7 subclause (2), Where It is provided that a member of the Council who is absent from meetings for a continuous period of twelve months would be deemed to have vacated the office- There is the consistency in this House, and I think it stands to reason that it is to provide for "absence from a number of meetings" rather than "a period. of time".
The immediate one that I can lay hands on is the University of Health and Allied Sciences Act, Where it is provided that
"Where a member of the Council is absent from three consecutive meetings without reasonable cause, the office of that member shall become vacant."
Mr Speaker, it stands to reason to identify the absence by a number of meetings rather than the period of twelve months.
Mr Puozaa
Mr Speaker, it is accepted. This is because you find it in the Act of the University of Energy and Natural Resources.
"Where a member of the Council is absent from three consecutive meetings Without reasonable cause, the office of that member shall become vacant."
Thank you.
Question put and amendment agreed to.
Mr Second Deputy Speaker
Yes, Hon Boafo, any further amendment?
Mr Boafo
Mr Speaker, I was just looking at the University of Health and ‘Allied Sciences Act, which has a corresponding provision as contained in subclause (3),
Mr Second Deputy Speaker
Hon Chairman, I am very happy about Hon Boafo's stance on precedence and, at least how we can be guided appropriately by them, of course, to depart when really necessary.
Mr Puozaa
Mr Speaker, I think we will just accept it. This is because it is an omission by the Committee.
Mr Second Deputy Speaker
Hon Chairman, I am not happy at all with the state of affairs. I think this is something that - Hon Members, can I hear views on this? We definitely need to know what is the approach in such matters. We just passed a number of these laws. We have gone to some good extent to discuss clauses and then for some very obvious parts of this Bill, we seem to be departing not with any justification from paths we have trod with success.
Hon Members, is that the way we want to go about issues? I do not know what view Hon Senior Members may want to discuss, I mean to present on this, but incidentally, I feel rather strongly about it.
Papa Owusu-Ankomah
Mr Speaker, that is so. Sometimes too, we propose amendments to Bills, and we create more problems for ourselves. The fact is, we ought to be guided by the parliamentary drafts person when it comes to these things and in particular, the Table Office. They have assisted us in this process, so when it comes to such parts of Bills, l believe the Table Office ought to be able to advise, particularly, the Chairperson of the Committee or Mr Speaker so that we could give directives. You may not remember everything and I agree with you .
Hon Members say they want to move amendments and you cannot stop them at this particular point in our business. Mr Speaker, the experience is that you do not have too many Hon Members here and that also contributes to it. But I entirely agree with you that we need to be guided by the Table Office, strictly the parliamentary drafts person, but the drafts persons changing from Bill to Bill-
The Table Office has a record and there is also one member at the Table Office who has had experience in drafting, attended drafting courses, and he is more or less an in-house drafts person. But, Mr Speaker, I entirely agree with you.
l.15p.m
Mr Boafo
We have series of Bills which border on same subject matter like this Education Bill. I think that if we go through one and we make some substantial amendment, we should draw the Table Office attention to the amendments that we have made so that the Bills which are already in the pipeline will be withdrawn, recast and re-laid to save us the time of making the same amendments all over.
Mrs Kusi
Mr Speaker, if you read clause 7, subclause 4, the third line "if the person is absent from the meeting without reasonable cause". So I suppose that that same "Without reasonable cause" should have come in subclause 2 -- "where a member of the council is absent without reasonable cause" - [Interruption] - Sorry-
Mr Second Deputy Speaker
The Hon Minority Deputy Whip, 1 believe, is contributing to the obvious inconsis- tencies in what we ourselves are proffering. So in one instance, 'without reasonable or just cause', and in another, it is not there. I believe that is part of those obvious issues that we should address our minds to in all those matters.
Dr A. A. Osei
Mr Speaker, I thought the part in (2) was addressed by Hon Boafo from one of the Bills. So (4) will be consequential in my view, but I support What you are saying.
% Speaker, when We have to sit through such long hours of earlier changes, it is not very helpful. I am wondering if maybe We can task the Clerk to go and look at the extent to which these amendments do not follow previous ones so that we do not have to go through them at least for today. It looks like there is precedence and I do not know if we may Want to go through this tortuous way of submitting ourselves to this drudgery
Mr Second Deputy Speaker
Members are definitely not too happy. Who wants to re-invent the wheel when it is not necessary to do so? [Interrup- tions.]
Mr Puozaa
Mr Speaker, in this particular 7 (3), I think it is an omission because as you see it is the same sub clause 3 as appears in the other ones. But the only omission is this "other than the Vice Chancellor". So I see this as something that has been inadvertently done.
Mr Second Deputy Speaker
Very well. We shall see whether there are other inadvertences as we tread along - Any further amendments to clause 7?
Mr Boafo
Mr Speaker, subclause 4, one of my observations' is taking care of the amendment we made to sub clause 2, that is, the reference to the period of 12 months' absence from the country. In its place, we have substituted a number of meetings and then if you continue, you will have another one which says "continuous absence from this country" and it does not specify how long the continuous absence should be and I do not know whether the Chairman has any idea how long the continuous absence from the country would be. Otherwise, I would propose a deletion of that provision.
Mr Second Deputy Speaker
We have also dealt with this before -
Mr Boafo
Yes, Mr Speaker: we have dealt with that before under Section 7 (4) of the University of Health and Allied ScienceAct. There, it provides that where the office of a member becomes vacant by death, resignation or the absence of the member from three consecutive meetings without reasonable cause, another person nominated by the relevant body shall be appointed for the unexpired term of the office. So under that Act, we do not have anything referring to continuous absence from this country.
Mr Second Deputy Speaker
Hon Chairman of the Committee, are you amenable to adopting the old rendition? For example, here too we say or by virtue of'. We do not need "by virtue of' - it is verbiage; in the earlier law this -was manifestly not there. Why do you want to introduce new verbiage that serves no purpose?
Mr Puozaa
Mr Speaker, we have to take a closer look at what has been submitted -
Mr Second Deputy Speaker
"Till Hon Boafo read that again and if it is agreeable we adopt that and we amend and proceed accordingly.
Mr Boafo
Mr Speaker, I will recommend that the drafts man adopts the rendition in section 7, subsection 4 ofAct
828.
Question put and amendment agreed to.
Any further proposed amendment to clause 7?
Mr Puozaa
No.
Mrs Kusi
Mr Speaker, I said earlier that -
Clause 7 as amended ordered to stand part of the Bill.
Clause 8 - Meetings of the council.
Mr Puozaa
Mr Speaker, I beg to move, clause 8, subclause (2), lines (1) and (2) delete "fifty per cent of membership of the council" and substitute "eight".
So it now reads:
"Quorum at a meeting of the Council is eight members of the council".
Dr A. A. Osei
Does eight include the Chairperson?
Mr Puozaa
Yes.
Dr A. A. Osei
It does not say so.
Mr Puozaa
The membership is 15 and eight will form the quorum -
Dr A. A. Osei
Does that include the chairperson? That is my question.
Mr Puozaa
Yes, I think so.
Dr A. A. Osei
Your amendment does not say so.
Mr Second Deputy Speaker
Shall we say "eight including the chairperson"? Mr Puozaa Including the chairperson, no objection.
Mr Boafo
Mr Speaker, do I understand that if they meet and there are eight people without the chairperson then there is no quorum?
Mr Second Deputy Speaker
Hon Chairman, is that what that will mean?
Mr Puozaa
That is Why I said eight forms a quorum and the eight, because we have 15 members as the membership of the Council. So if you leave it at eight as a quorum, I think it is automatic that the chairperson - Even the chairman himself does not necessarily need to be present. But if any eight should meet, they would be able to make a quorum.
Dr A. A. Osei
I was not offering an amendment; I just simply asked the question. I was not offering the amendment and when you said we should add it, I was surprised. So I think that the quorum should be a number just like we have done earlier, then you can go down later to decide who is chairing.
Mr Second Deputy Speaker
Hon Dr Osei, are you happy with the number?
Dr A. A. Osei
I am happy with the number but I am not happy with the inclusion of the chairperson.
Mr Second Deputy Speaker
Very well. So as the amendment stands -
Mr Puozaa
I do not think you even need - It is stated somewhere that in the absence of the chairperson, a member can be elected to be chairman.
Mr Second Deputy Speaker
We ended at eight?
Mr Puozaa
Yes, Mr Speaker.
Question put and amendment agreed to.
Mr Puozaa
Mr Speaker, I beg to move, clause 8, subclause (6), line 1, after "Registrar" insert "and" and in line 2, delete "and a representative of the National Council for Tertiary Education."
This is because we have added two representatives of the National Council for Tertiary Education among the members of the Council. Hitherto, in the original, it was not part of it. So it will now read as follows:
"The Pro Vice Chancellor, the Registrar, the Director of Finance and a representative of the National
....."
We now delete that, so it Will read as follows:
"A Pro Vice Chancellor, the Registrar, the Director of Finance shall attend meetings of the Council but are not entitled to vote".
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.

Clauses 9 and 10 ordered to stand part of the Bill.

Clause ll - General powers of the Council.
Mr Puozaa
Mr Speaker, there is an amendment to the listed amendment.
Mr Speaker, I beg to move, Add the following new subclause before sub- clause(1)
"Subject to the provisions of this Act, the Council shall have power to do or provide for any matter or thing in relation to the University which the Council considers necessary or expedient".
Mrs Kusi
Mr Speaker, in the amendment, it is written "any Act" but when he was reading, he said "any matter". I want to find out whether he has substituted "Act" with "matter".
Mr Puozaa
Exactly that, because I said the advertised amendment has been amended.
Mr Second Deputy Speaker
You are seeking permission to amend that further so that it will read:
"Subject to the provisions of this Act, the Council shall have power to do or provide for any matter or thing in relation to the University which it considers necessary or expedient in relation to the University"
or you end at "expedient" no more "in relation to the University".
Mr Puozaa
Mr Speaker, if I may go over that amendment again. No, it ends at "expedient".
Mr Second Deputy Speaker
Very well, I think it is very clear.
Question put and amendment agreed to.

Clause l 1 as amended ordered to stand part of the Bill.

I Clause 12 - Principal officers of the University.
Mr Puozaa
Mr Speaker, I beg to move, clause 12, paragraph (c), at end, add "and."
Mr Boafo
Mr Speaker, I believe that the Chairman wants to add "and" at the end of paragraph (b) and not (c) so that it will read:
"A Chancellor , the Vice Chancellor and the Chairperson of the Council".
Mr Puozaa That is correct.
Question put and amendment agreed to.
Mr Second Deputy Speaker
Fu1'ther amendment to clause 12.
Clause 12 -
Mr Puozaa
Mr Speaker, I beg to move, clause 12 - Add the following new subclause:
"(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."
Mr Boafo
Mr Speaker, I think the right language should rather be "take and subscribe to the oath" rather than "swear" because there may be some Principal Officers of the Council who may

not swear to an oath but may affirm. So the right language is "take and subscribe"; and I think that was the language which was used in Act 828.

So the new rendition would be:

"Before assuming office the Principal Officers of the University shall take and subscribe to the Oath of Office as specified in the Schedule."
Mr Puozaa
That is exactly so, Mr Speaker. He is referring to page 9 of Act
828.
Mr Second Deputy Speaker
And you remember very well "take and subscribe"? This expression was exhaustively debated and adopted and that is one more reason I would not want us to chalk this pathway in the future.
Question put and amendment agreed to.
Clause 12 as amended ordered to stand part of the Bill.
Clause 13 - Chancellor of the University
Mr Puozaa
Mr Speaker, l beg to move, clause 13 - Delete and substitute the following:
"(1) 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.
Mr Boafo
Mr Speaker, the problem is, if you read subclauses (1) and (3) in the proposed amendment you would see that there is a repetition of the precedence of the Chancellor over other officers of the University. So Mr Speaker, I would propose that under subclause (3), we end up at "the University" - "The Chancellor is the head of the University" -
Mr Second Deputy Speaker
Hon Boafo, since you have the precedent of what we did with regard to the other Universities, would you look thereon and

advise us, unless the Hon Chairman would assure us he is guiding us by this amendment by the obvious, that is, the pathway we had chalked earlier.
Mr Boafo
Mr Speaker, in the other Act, subclause (1), conforms with what is in subsection (.1) of section 14 ofAct 828 and there is no repetition of the Chancellor having precedence over other officers of the University in the subsequent subsections. So Mr Speaker, I Would propose that we retain subclause (1), which reads as follows:
"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",
"Then when we come to subclause (3), we provide that:
"The Chancellor is the head of the University." And then we delete the reference to "and takes precedence over the other officers of the University",
This is because that is already provided under subclause (1).
Mr Second Deputy Speaker
Subclause (1) says:
"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";
Unfortunately, subclause (3), goes on to repeat:
"The Chancellor is the head of the University and takes precedence over the other officers of the University".
Mr Puozaa
Mr Speaker, I think sub- clause (3), seems to be a repetition of sub- clause (l) 80 why do we not just delete it completely.
Mr Boafo
Mr Speaker, under the proposed subclause (4), there is reference to limitation on the Chancellor's tenure. It says:
"The Chancellor shall hold office for a term of five years and is eligible for re-appointment but shall not be appointed for more than two terms."
Mr Speaker, either we make it "more than two terms only", or we try to qualify the "two terms". Mr Speaker, I propose that at the end of "terms", we add "only".
Mr Second Deputy Speaker
So . .Is eligible for appointment for two terms only", is that all right?
Mr Boafo
Yes, Mr Speaker.
Mr Second Deputy Speaker
Did we visit this in the other universities laws and is there any special reason for departure?
Mr Puozaa
Mr Speaker, I do not see
any difference, or much difference between the amendment and what pertains in the University of Health and Allied Sciences Act. To be fair, just as 1 tried doing, subclause (3), is really a repetition. And if we delete clause 13 (3) it goes almost verbatim with what we have in clause 14 of the University of Health and Allied Sciences Act.
Mr Boafo
Mr Speaker, if we delete subclause (3), it only deals with the fact that the Chancellor is the head of the University and he has precedence over the other staff. But here, we are talking about the tenure of the office of the Chancellor and in the University for Health and Allied Sciences Act the provision is more straightforward. It says:

"The Chancellor shall hold office for a term of five years and is eligible for re-appointment for another term only".

But here we go further to add more words -

"The Chancellor shall hold office for a term of five years and is eligible for re-appointment but shall not be appointed for more than two terms".
Mr Second Deputy Speaker
Hon Chairman, we are talking about Chancellor at length, then we will come to Pro-Vice Chancellor, then Academic Board, Registrar - All these are matters of agreements and relationships with the University. All these have been dealt with. I think we may need to adjourn so that you assure us tomorrow, when we come, that you have really re-aligned them with all the previous legislation and then we proceed.
Mrs Kusi
Mr Speaker, I think what the Hon Chairman has in his amendment to clause 13 (4), is the same thing in the University of Ghana Act which we passed in this House. That, too, says, the Chancellor shall hold office for a term of five years and is eligible for re- appointment but shall not be appointed for more than two terms. We have that in the University of Ghana Act. So, either way it is correct.
Mr Second Deputy Speaker
We have made progress from University of Ghana Act to the University of Health and Allied Sciences Act which is the latest work done. In the process, we had a lot of well reasoned arguments by Hon Members and we made progress. Definitely we would want to use that as a base, and then of course, if you have any good reason we will proceed to make any improvement that you want to make.
Mr Second Deputy Speaker
I believe once we do the appropriate re-alignment we would have the Hon Boafo here, Hon Minority Chief Whip, Hon Agbesi and the team that you have over there. If you put this and make relevant alignment we will be able to go through the Consideration Stage of this Bill tomorrow
If there is any good reason for departure, then we shall do so on a case by case basis. But we all continue to see the difficulty but unfortunately it is growing and that cannot be allowed.
So, Hon Chairman, with that assurance and with the particular co-operation of these Hon Members I believe we can make

progress. What do you say, Hon Chairman?

_ Mr Puozaa: Mr Speaker, this directive 1S accepted. As promised we would meet immediately after adjournment so that tomorrow we would have an easier task.
Mr Second Deputy Speaker
I believe we can complete the business.
Hon Members, in the circumstances, this would bring us to the end of the Consideration Stage.
Yes, Majority desk, any proposition at this stage? If there is no other business and, if there will be a Motion for us to bring proceedings to an end today -
Mr Agbesi
Mr Speaker, the Hon Deputy Majority Leader is at the Business Committee meeting.
So, I move that this House do adjourn till tomorrow morning.
Mr Boafo
Mr Speaker, except that he said the Hon Deputy Majority Leader is at the Business Committee meeting. It is not Business Committee meeting ; he is at the Appointments Committee meeting.
Mr Speaker, with that, I second the Motion.
Question put and Motion agreed to.
ADJOURNMENT