Debates of 30 Mar 2013

MR SPEAKER
PRAYERS 11:55 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:55 a.m.
  • [No correction was made to the Votes and Proceedings of Monday, 19th April, 2013.]
    • Mr Speaker 11:55 a.m.
    Hon Members, there is no Official Report.
    Hon Members, I have admitted one ceremonial Statement for today. The Statement stands in the name of the Hon Member for Tano North.
    STATEMENTS 11:55 a.m.
    Ms Freda Akosua O. Prempeh (NPP- -Tano South) 11:55 a.m.
    Thank you, Mr Speaker, for giving me the opportunity to make a Statement on World Press Freedom Day which falls on 3rd May, 2013.
    The 2013 World Press Freedom Day has three international themes, namely: “Ensuring the Safety of Journalists and Media Workers, Combating Impunity against Press Freedom and Online Safety.
    Ms Freda Akosua O. Prempeh (NPP- -Tano South) 11:55 a.m.


    Ensuring the safety of Journalists

    Mr Speaker, the international message accompanying the theme says in part that a free, independent and pluralistic media environment, online and offline, must be one in which journalists, media workers and social media practitioners can work safely and independently without the fear of being threatened or even killed.

    According to the message, ensuring the safety of journalists and media workers needs an environment where attacks, intimidations, harassments, abductions, arbitrary imprisonments and threats are the exceptions and not the norm.

    Journalists, editors, publishers and online intermediaries alike should not be subjected to political or financial coercion and manipulation. They should especially be protected from threats to the security of themselves and their families.

    Securing the safety of journalists and media workers is an urgent matter. This is because in the last ten years, more than 600 journalists and media workers were killed worldwide. In other words, every week a journalist loses his or her life for bringing news and information to the public.

    Combating impunity of crimes against press freedom

    Mr Speaker, according to the international message, impunity means the impossibility of bringing the perpetrators of violations to account -- whether in criminal, civil, administrative or disciplinary proceedings -- since they are not subject to any inquiry that might lead to their being accused, arrested, tried, and if found guilty, sentenced to appropriate penalties, and to make reparation to their victims.

    What this means is that people attack journalists without being prosecuted or punished.

    On the average, in the past years, only about one in ten cases of crimes against journalists, media workers, and social media practitioners has led to a conviction. This level of impunity is not just biased in principle in terms of flouting the rule of law, in terms of which every State has a duty to protect her citizens in general. Of even greater concern, impunity for attacks on journalists in particular sends a signal to the wider public to keep quiet about corruption, environmental damage or human rights violations. The result is self-censorship across a society and an erosion of public faith in the judicial system.

    Those who threaten or use violence against journalists are emboldened when they see that it is possible to disregard any prospect of punishment.

    Online safety

    Mr Speaker, the 2013 international message says the same rights for journalists who work offline must also be given to those who work online, that is, journalists working with the internet.

    According to the message, the digitalisation of the media landscape reinforces the global trend of freelancing by further expanding journalism beyond the ranks of employees in media institutions. Included in the supply of news today are individual bloggers.

    While they may lack established forms of institutional gate-keeping, it is in society's interests that they receive the same protection as professional journalists.

    The Ghanaian situation

    The 2013 World Press Freedom Index comprising 179 countries ranks Ghana, 30 in Africa; only two countries, Namibia at 19th position and Cape Verde at 25 th position rank higher than Ghana. In fact, the Press Freedom index says “Namibia (19th) Cape Verde (25th) and Ghana (30th) maintained their record as the highest ranked African countries.”

    This ranking confirms our experience that in Ghana journalists have relatively more freedom to work. Our dear country must praise herself for this achievement.

    However, the March 6, 2013 assault on two journalists by the military at the Independence Square dents the country's reputation as regards treatment and independence of media work even on Independence day.

    Mr Speaker, I suggest that we work harder to improve on our press freedom initiative to enable Ghana move higher on the index. It is very crucial for practitioners to examine the critical role of journalists in the nation's development and urge the Ghana Journalists Association (GJA) to encourage the highest standard of professionalism among its members.

    I also call on GJA, the National Media Commission and all who work in the media to exercise our rights to free expression with a high sense of professionalism and responsibility.

    There is no gainsaying the fact that over the years, Ghana has consolidated her democratic credentials as a peaceful nation. It is also important to note that responsible communication is vital to consolidating the peace and image of Ghana. On the reverse, negative journalistic practices could create disorder, rancour, acrimony and conflict.
    Mr Joseph Y. Chireh (NDC -- Wa West) 12:05 p.m.
    Mr Speaker, I would want to commend the Hon Member who made this Statement to commemorate this important day.
    The small addition I would make, is to the extent of all of us appreciating the value of information, entertainment and also news. Those who gather these for our consumption are people we must motivate. That is why when we look at the conditions of service, particularly the salaries of journalists in this country, it is important that something be done about it. They need to be motivated; they need to be objective only when they are well paid and well remunerated wherever they work.
    But that cannot be done if we have low level training, people who hardly appreciate the enormity of their job as far as the dangers associated with its practice go. We need people who would be trained and given further training to appreciate the burden they have of informing us adequately without creating unnecessary tensions in society.
    I would also say that journalists must be given the tools. If we motivate them, if we pay them well and yet they cannot have what it takes for them to gather the news, to create the entertainment, to do the things that they must do, then of course, we would not have done good in this respect.
    But you see, we need to commend the government for recently showing to all of us that our media persons need to be motivated with at least, laptops to be able to produce and have access -- [Hear! Hear!] -- The Minister for Information and Media Relations is sitting here; he would come and add more. But I can tell you, in terms of the freedom that they enjoy, Ghana ranks very high.
    There is one very good reason we must all encourage media freedom generally. It is also to help us. We are supposed, as Members of Parliament (MPs), to oversight the Executive in terms of its expenditure, administration and the rest of them.
    We cannot sit in this room alone and be able to gather all this information to do our work; so, we have to see them as partners in this regard, and whatever information they get, how they manage it, is important -- of course, not to be concentrating on what we get here as MPs to the detriment of everybody.
    They must talk objectively, give us the information, so that we all fight the common enemy, which is corruption and which leads to further impoverishment of our people; people who get poorer because of people who steal -- And not only that, we must also as MPs, be open to the journalists, to contribute and give information that is accurate. I would not blame only the journalists for misinformation and the tensions that are here.
    We, as a people, must decide whether everything one says about the next neighbour is accurate and correct. If it is not, we should not say it. We should not whisper into the ears of the journalist and say, “oh, it is off record.” If it is not worth saying, we should not say it; if we say it,
    we should be quoted. That is where I would ask all of us to be careful of what we say and what we do.
    Mr Speaker, I thank you very much for this opportunity.
    Mr Joe Baidoe-Ansah (NPP -- Kwesimintsim) 12:15 p.m.
    Mr Speaker, it is always said that the press reflects the society that it works within. But Mr Speaker, the press also has a role to play irrespective of the society that the press is working in. It has a lead role. If there is a press in a divided society, Mr Speaker, the way the press behaves, is what would tell of the future of the society that we live in.
    Mr Speaker, if you take our country, Ghana, and the role that the press is playing -- the press is playing a very good role. However, if you look, in the mornings, every item in the newspapers would have a political shade to the extent that today, every morning, politicians would have to be invited to radio stations, television stations to express colours of facts.
    Mr Speaker, that current role that the press is playing, would not help this society to deepen democracy or help others to learn from experts. Mr Speaker, it is important that the press changes this and brings in more specialists, people who can interrogate facts, not politicians who paint facts to reflect their political colours.
    Mr Speaker, the Ghanaian press needs to inject more professionalism and ethics in the way they report and the way we work within our society. This society is benefiting from press freedom but the dividends are not commensurate with what we should be achieving in this plural society.

    Mr Speaker, the press has to play a major role in the promotion and protection of our democracy. If they want to play that role, they have to ensure that they enhance national unity. National unity is what we need in this country and I believe that the press can play a role that would bring us together this country.

    Whatever we do, Mr Speaker, the ethics of the profession should be what should guide us. On the occasion of the International Press Freedom Day, Mr Speaker, I would wish the Ghanaian Press well and I would want to say that they have lived up to expectation, that we need to encourage them to do more because we are not yielding the dividends of pluralism and the democracy that we are practising. It should be commensurate with the environment.
    Mr Edwin N. L.Vanderpuye (NDC -- Odododiodioo) 12:15 p.m.
    Thank you very much, Mr Speaker, for giving me this opportunity to also add my voice to the Statement made by my Hon Sister, the Member for Tano North.
    As a journalist myself, I think it is important at this moment in time, for us to commend media men and media practitioners for the wonderful job they have done in this country for some time now. In the same vein, to add to the need for us to ensure press freedom in this country, we should also consequentially talk about the responsibility of the media.
    Hitherto, training of media men and media professionals was seen as a prerequisite of employing people to work in the media houses. Today, because of the proliferation of radio stations and newspapers, some untrained people have had the opportunity to sit behind microphones and also to use the pen. And in discharging those enviable responsi- bilities, sometimes, because of lack of
    Mr Edwin N. L.Vanderpuye (NDC -- Odododiodioo) 12:15 p.m.


    professionalism and the lack of proper training, they are led by emotions to write things and to say things that go to aggravate the divisions we have in this country.

    Many of the recent criminal atrocities that have happened in certain countries leading to civil strife and the rest were caused by some irresponsible exercising of these responsibilities by pressmen. In the same vein, before, during and after the Kenyan elections, the press were hailed to have been the single most important unifying force in making sure that Kenya remained united even after the elections. So, the press hold the dagger to keep countries alive and also to stab countries and divide them further.

    It is in this vein that I would call on all of us to try as much as possible to encourage and support attempts at helping to increase the infrastructural development of the Ghana Institute of Journalism, for example, and other journalism institutions in this country in order to afford the opportunity of training a lot more journalists out of these institutions.

    Also, I think it would be feasible for us to encourage the Ghana Broadcasting Corporation, for example, to offer its training facilities to other radio stations, other media houses, to get their employees to have the professional training to make them proper journalists.

    Responsibility for media men is very important and I think at this time, while we commend them, while we ask that people should respect the freedom of the press, it is also important for us to talk about pressmen who also exercise such indiscretions. For example, in this country, just last week, we saw a newspaper publishing pictures of spouses of Deputy

    Ministers- designate without their permission. This is an infringement on their privacy and it must not be encouraged. So, in talking about press freedom today, Mr Speaker, I think it is important that we also advise our colleagues to try as much as possible to be responsible and know that just as they have freedom, others also have their freedoms.

    Mr Speaker, thank you very much for giving me this opportunity.
    Mr Speaker 12:15 p.m.
    Hon Members, I will take the last two contributions, one from each side.
    Mr Frank Annor-Dompreh (NPP -- Nsawam-Adoagyiri) 12:15 p.m.
    Mr Speaker, I am on my feet to totally corroborate statements made by Hon Members who spoke earlier and also to put across a few suggestions.
    Mr Speaker, I think that as a fact, we need to celebrate a few achievements. As we seek to celebrate this International Press Freedom Day, clearly, I can recall that Ghana has made a giant stride as Ghana repealed the criminal libel law from its statute books. This is an achievement worthy of celebration. And I would also add that that was passed by Parliament but well supported and funded by the NPP Government.
    In going further, the dark days where night soil was used to deface media houses are over, and as a result and as a country, we need to celebrate. Again, I think that one of the tools which has become critical is our ability as a country to ensure that indeed, the independence of State media is safeguarded and ensured ultimately.
    Mr Speaker, I am saying this advisedly. Various governments are guilty of this because many governments that have come and gone, have tried overtures to have an upper hand and influence over State media houses. I think the challenge is fresh to us as a country, to ensure that State media, in its right senses, are protected and then the influences are reduced to the barest minimum.
    Mr Speaker, I am aware that the Right to Information Bill or document is in Parliament. I would also want to appeal that Parliament facilitates the efforts to ensure that the Right to Information Bill is passed forthwith.
    In going further, as a member of the Special Budget Committee, in one of our meetings with the National Media Commission, it had come out clearly that the NMC had got sponsorship from donors outside this country because of the provision of a high-tech facility that ultimately is to ensure that our media landscape is monitored effectively.
    The challenge the NMC faces is that this facility is not housed properly and I would want to take this opportunity to appeal to the Government to ensure that the necessary funding is provided to the NMC to ensure that this facility is protected.
    Again, one feature which has reared its ugly head, is sensationalism and spinning of news items. I take this opportunity to advise our brothers in the media that sensationalism has a huge potential of putting the country on a collision force. It is important that media practitioners stay professional and objective.
    Mr Speaker 12:25 p.m.
    Last comment on the Statement--
    rose
    Mr Speaker 12:25 p.m.
    Yes, Hon Majority Leader.
    Dr Kunbuor 12:25 p.m.
    Mr Speaker, once the Hon Minister for Information and Media Relations is here, if we could ask for --
    Mr Speaker 12:25 p.m.
    Hon Majority Leader, you know the rules are clear; you have to be on your feet for you to catch my eye. I have not seen the Minister for Information and Media Relations on his feet; so, there is no way he could have caught my --
    Dr Kunbuor 12:25 p.m.
    Mr Speaker, what I am asking for is that after the last contribution has been directed --
    Mr Speaker 12:25 p.m.
    That is why I announced that I would take two; one from each side. And I have taken the Hon Member for
    Nsawam/Adoagyiri. Is that correct? [Some Hon Members: Correct.] Now, I want to take the last person from here and so, I would take the person who is on -- Here, it is a Statement and it is not like Hon Minister has moved a Motion and he is winding up and so, we would give him that opportunity.
    Dr Kunbuor 12:25 p.m.
    Mr Speaker, that is why I was actually asking for your indulgence. It is not a matter of a privilege for the Hon Minister, neither is it an entitlement. But as Leader of the House, I could plead, if not in the court of equity, then in the court of law, for Mr Speaker's mercies to be extended because of the peculiar international and national importance of this Statement and today.
    I do say that the Standing Orders and the Rules are there, but nothing prevents us from asking Mr Speaker for his indulgence and this is directed to Mr Speaker and he is entitled to indulge me or not.
    Thank you, Mr Speaker.
    Mr Osei Kyei-Mensah-Bonsu 12:25 p.m.
    Mr Speaker, I ordinarily would not have anything against that, except to observe that the said Hon Minister had all manner of strings in his ears and when he ought to be listening at the time, he was in a different world. But Mr Speaker, I think we can allow that.
    Alhaji Bashir F. Alhassan (NDC -- Sagnarigu) 12:25 p.m.
    Mr Speaker, thank you for the opportunity to contribute to the Statement.
    As a journalist myself, with over 27 years practice in the media -- [Hear! Hear!]-- They say that the man who is in tattered clothes does not lose an
    opportunity for a fight. [Hear! Hear!] I am honoured to associate myself with this Statement.
    Mr Speaker, there can be no doubt about the fact that the media --
    Mr Kyei-Mensah-Bonsu 12:25 p.m.
    Mr Speaker, I would want to know his own association with the media. I thought I heard 50- something years.
    Mr Speaker 12:25 p.m.
    He said “27”.
    Mr Kyei-Mensah-Bonsu 12:25 p.m.
    All right.
    Alhaji B. F. Alhassan 12:25 p.m.
    There can be no doubt about the fact that the media plays a very important role in our democratic dispensation. Indeed, the media is the vent through which the interests and aspirations of people across our political divide is given attention. And in a democracy, plurality of views are common-place in ensuring that the people get access to information on the basis of which they can make informed choices.
    To this extent, I would want to say that the media plays a very important role, notwithstanding the fact that there had been some infractions and misgivings in respect of a number of areas.
    I take judicious notice of the fact that one of the key impediments to the effective functioning of the media has been regime of paltry remunerations. Indeed, if you took a cursory look across the media, journalists are among one of the most poorly paid professions in this country, if you compare them to other professions. And on this score, Mr Speaker, a watchman who has to listen to the pangs of hunger in his stomach would definitely abandon his watch when the aroma of food hits his nose.
    So, it is clear that the journalists who are not well paid, obviously, would fall and the propensity of their being manipulated is very high. And I think in this regard, it is important for all of us as a people to take serious note of this and endeavour to look at ways through which collectively, we can do something about this.
    Mr Speaker, I know that the issue of training has also come up, in which issues of arming our journalists with the requisite knowledge and skills to enable them perform, has come up. There have been situations where the profession has been infiltrated by quacks and charlatans, who have not been properly trained, and on that score, they have gone to practise.
    The journalism profession is about the only profession that I know in this country where people do not need a licence to operate. One just says one is a journalist and you are on the road. One puts a pen and a notebook in his or her pocket and one is a journalist. I think that that is a serious disincentive to decent media practice.
    I think that it is important for steps to be taken to anchor the media profession to be able to function like any other profession. I am not sure that anybody can take a knife and go to the operating theatre and start cutting people and say that he is a doctor. He has to go through the training process and be certified by the Medical and Dental Council before he can train as a doctor.
    The same happens to pharmacists, the same happens to lawyers. So, I think it is about time that we sanitized media practice in this country and ensured that there is a professional body that can regulate media practice.
    I am aware that arguments have come to the effect that the journalism profession is different because we have to deal with the freedom of information and the right of free speech, which is different from other angles. But I think that it ought to be regulated.
    Mr Speaker, I know that we have come a long way from these attempts to sanitise this practice and I am aware the National Democratic Congress (NDC) Government has instituted a media Fund in recognition of the important role the media plays to help equip media practitioners to function very well. I have taken notice of infractions that have been mentioned and infractions even happened in recent times.
    Mr Speaker, journalists have been beaten up in the course of their attempt to cover election issues where disputes have arisen. Indeed, journalists have also been subjected to some form of imprisonment in the private homes of some very important people in this country and that has gone without any other intrusions.
    Mr Speaker, I am aware that through the Board of Directors of various State- owned media -- The Government is supposed to stay away. In fact, the Constitution of this Republic per article 160 (1) and (2) guarantees media freedom. And in article 162 (2), it says that there shall not be censorship. But there is a very surreptitious way in which governments' orders have been issued sometimes through Boards of State-owned media corporates.
    Mr Speaker, I am saying this because I have been myself a personal victim of such gagging orders that were instituted by Government after 2001 to muzzle people and prevent them from speaking their minds. I think it is very, very important that we do not visit this era again because it stifles press freedom and it does not
    Minister for Information and Media Relations (Mr Mahama Ayariga)(MP) 12:35 p.m.
    Mr Speaker, I r ise to support the Statement made by the Hon Member to commemorate the International Press Freedom Day.
    Mr Speaker, there is no doubt that, as a country, Ghana has come very far in terms of the promotion of a free media. Mr Speaker, the fundamental objective of having a media is to promote and facilitate what is known as the market place of ideas. Societies are driven as fast as the ideas that they have can drive them. Scientific ideas, economic ideas, ideas about social organisation, ideas about the political organisation, et cetera need to be available to shape society.
    It is in this regard that a free media is considered very important because it is the platform that propagates those available ideas, so that either those who are acting in the market can have information that will enable them act appropriately or that societies will re- examine their social and economic formations and systems and then change them, based on the new ideas that are available.
    That is why when we gag the media, we deprive a society of the free flow of ideas that will enable both the market to operate effectively or the society to act based on new ideas, or that even the political system of the country to be held effectively accountable to the people of the country.
    Mr Speaker, in this regard, one can see that the role of the media is not just about enabling a political system that is democratic but that also goes as far as the market system and also the social system go.
    Ghana, clearly, has carved for herself an enviable place in the international ranking when it comes to media freedom. Even though the rankings indicate that Botswana and Cape Verde lead us in Africa, I dare to say that on this continent, Ghana is effectively the leader when it comes to media freedom. I say so, having regard to the population of Ghana relative to the two countries that are ahead of Ghana and to the size of their media relative to the size of the media in Ghana.
    In Ghana, Mr Speaker, we have over 200 radio stations and we are in excess of one thousand newspapers and other publications serving just a population of little above 25 million people. And almost every district now has its own radio station apart from the national broadcasters. Clearly, this spread of the media puts us in a strategic place to exploit the full potential that the media hold in terms of enabling us to freely disseminate information that could go a long way to drive both economic progress, social stability, and political accountability.
    In addition, Mr Speaker, Ghana also has, I believe, one of the best constitutional arrangements for guaranteeing the freedom of the media. Beyond the constitutional guarantees of free expression, there are specific provisions also guaranteeing the freedom of the media itself to the extent that even national broadcasters, State-financed media houses are taken away from the control of the Executive and their management and put in the hands of
    independent constitutional bodies that are also adequately protected to ensure that they remain independent and beyond Executive control.
    Given all these measures that have been put in place, Ghana is well placed in order to have a free and effective media. Mr Speaker, the problem, as we have it now, is that we have quite a broad private media. Indeed, the private media now out- numbers -- and in fact, in terms of reach, reaches more of our population put together than our State-owned media.
    Yet, as Hon Members have recognised in this House, we have major problems with the media as an industry. They need to be supported by the State and indeed, in those media houses, we need to ensure that pressmen, journalists and their staff are well remunerated to be able to exercise the levels of responsibility that we expect of our media.
    Mr Speaker, it is in this regard that the Government of the National Democratic Congress has established the National Media Fund, which is not only going to use resources to support the State media, but is aimed at making resources available for us to support the private media.
    I do agree with the Hon Member, when he raises the issue of the need to support them in terms of their cost. Mr Speaker, without some State support, most of our media, sometimes, will be operating under circumstances where they could easily be exploited by other forces. It is in this regard that our Ministry is considering the use of the National Media Fund to support, to some extent, the operational cost of some media houses.
    Mr Speaker 12:45 p.m.
    Hon Member, the rule says “brief comments.” So, kindly conclude. Conclude, please.
    Mr Ayariga 12:45 p.m.
    In conclusion, Mr Speaker, the media cannot operate in an environment where they do not have adequate information. For a very long time, this House has been striving to pass the Right to Information Bill. I am glad to announce that the President has directed that --
    Mr Speaker 12:45 p.m.
    Hon Member, please.
    Mr Ayariga 12:45 p.m.
    In conclusion --
    Mr Speaker 12:45 p.m.
    You are an Hon Minister. Hon Minister, if you want to come and make a policy statement, you are at liberty to do so but the Statement -- Your comments should be limited to the Statement made by the Hon Member for Tano South so Hon Minister, please --
    Mr Ayariga 12:45 p.m.
    In conclusion, Mr Speaker
    Mr Speaker 12:45 p.m.
    Yes, conclude.
    Mr Ayariga 12:45 p.m.
    Mr Speaker, the Right to Information Bill and the Broadcasting Bill will be brought before this Honourable House very soon for its consideration and we believe that with these two pieces of legislation, we would have a better environment for the operation of the media.
    I thank you very much, Mr Speaker, and I thank the Hon Member who made the Statement.
    Dr Matthew O. Prempeh 12:45 p.m.
    Mr Speaker, the Hon Minister for Information and Media Relations is a Cabinet member. When we are bringing policies to Parliament, you do not bring them through the backdoor. You bring policy --
    Mr Speaker 12:45 p.m.
    Hon Member, I have made that point. I have already made that point.
    Dr Prempeh 12:45 p.m.
    Mr Speaker, it has to be expunged --
    Mr Speaker 12:45 p.m.
    Hon Member, I already have made that point.
    Dr Prempeh 12:45 p.m.
    Mr Speaker, that point has to be expunged from the --
    Mr Speaker 12:45 p.m.
    I have made that point.
    Hon Members, that brings us to -- [Interruption.] Yes, why?
    Mr Ayariga 12:45 p.m.
    Thank you, Mr Speaker.
    Mr Speaker --
    Mr Speaker 12:45 p.m.
    Hon Member, I thought you had concluded?
    Mr Ayariga 12:45 p.m.
    No, Mr Speaker. I --
    Mr Speaker 12:45 p.m.
    Hon Members, that brings us --
    Mr Ayariga 12:45 p.m.
    Mr Speaker, I thought it was a point of order.
    Mr Speaker 12:45 p.m.
    No!
    Mr Ayariga 12:45 p.m.
    Mr Speaker, I thought it was a point of order, so I sat down --
    Mr Speaker 12:45 p.m.
    Hon Minister, I think that you have made your point. The rules are very clear. If you would want to make any Statement on policy, the rules allow you to come and make it on the floor of the House.
    Dr Kunbuor 12:45 p.m.
    Mr Speaker, I guess that I will have to apologise to you and the Leadership for having asked for your indulgence on behalf of the Hon Minister which seems to have been badly abused. [Laughter.]
    Mr Kyei-Mensah-Bonsu 12:45 p.m.
    Mr Speaker, I think the Hon Majority Leader has already apologised, so, I would not go
    on that path. But we all heard the Hon Minister conclude his Statement and then he thanked you and sat down. Thereafter, he came back to say that he had not concluded. Are we to gather from the Hon Minister for Information and Media Relations that indeed, that is how he is operating his Ministry?
    Mr Ayariga 12:45 p.m.
    Mr Speaker, I was concluding when I noticed that the Hon Member was on his feet and according to the rules of this House, given that he had caught your eye, I had to stop my conclusion mid air and to sit down and wait for him to finish, so that I can land
    -- 12:45 p.m.
    Mr Speaker 12:45 p.m.
    Hon Minister, on a more serious note, I think if you would want to make a policy statement, you should come properly.
    Very well.
    Hon Members, that brings us to the end of Statements.
    At the Commencement of Public Business -- Presentation of Papers by the Chairman of the Committee of the Whole.
    PAPERS 12:45 p.m.
    Mr Speaker 12:45 p.m.
    Item 5, Presentation and First Reading of Bills.
    Hon Majority Leader.
    Dr Kunbuor 12:45 p.m.
    Mr Speaker, I have been informed by the Hon Minister that we will have to stand down this matter until further considerations are given to it.
    MOTIONS 12:45 p.m.
    Mr Dominic A. Azumah 12:45 p.m.
    Mr Speaker. I beg to second the Motion.
    Mr Kyei-Mensah-Bonsu 12:45 p.m.
    Mr Speaker, I would not ordinarily contradict the Hon First Deputy Speaker if he makes any application to this House for considera- tion. I would want to observe that the document was laid and just half a minute after its laying, he got up to make this application. But I would not proceed further.
    Mr Speaker 12:45 p.m.
    Hon Minority Leader, this is a special application. This is
    because this is a Committee of the Whole, so the contents are supposed to be known to all the Hon Members of the House. It is a Committee of the Whole House, so
    -- 12:45 p.m.
    Mr Kyei-Mensah-Bonsu 12:45 p.m.
    Mr Speaker, with respect --
    Mr Speaker 12:45 p.m.
    I would have agreed with you if it were a different committee's report.
    Hon Members, I will put the Question. As many --
    rose
    Mr Speaker 12:45 p.m.
    Yes. Hon Members, this is a procedural Motion. [Pause.] Hon Members, I will put the Question.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 12:45 p.m.
    We now move to item 7 on the Order Paper.
    Proposed formula for distributing the District Assemblies Common
    Fund, 2013
    Chairman of the Committee (Mr Ebo Barton-Odro) 12:45 p.m.
    Mr Speaker, I beg to move, that this Hounourable House adopts the Report of the Committee of the Whole on the proposed formula for distributing the District Assemblies Common Fund (DACF) for the year 2013.
    Mr Speaker, the Committee of the Whole sat and went through the process of discussing the formula as presented by the Administrator of the Fund.
    rose
    Mr Speaker 12:45 p.m.
    Hon Member, do you have a point of order?
    Mr Owusu-Aduomi 12:45 p.m.
    Yes, Mr Speaker.
    Mr Speaker 12:45 p.m.
    Yes, what is the point?
    Mr Owusu-Aduomi 12:55 p.m.
    Mr Speaker, there are corrections to be effected in the Report and I would want to draw the House's attention to them.
    When you go to page 5 of 11, the weighting scenario for 2012, when you compare the percentages allotted to the various items to page 15 of the Report that we were given, you would realise that the scenario A, that was approved for 2012, the percentages in the Report do not conform to what has been approved or what has been given in the Report.

    Mr Speaker, when you compare from this Report we were given yesterday, page 15, Scenario A, that was approved for the 2012 Formula for disbursement of this Common Fund-- When you compare the percentages with that of the percentages given in this Report, you would notice that percentage for Equality, which is 50 per cent in the Report given yesterday, it is now 40 per cent in the Committee of the Whole Report. Needs, 40 per cent under Scenario A, is now 50 per cent.

    Mr Speaker, when you go to Health Facilities, it is supposed to be 6 per cent in the Report, but it is 8 per cent in the Report that we have been given. Doctors Population Ratio is supposed to be 8 per cent under Scenario A for 2012, it is now 5 per cent in our Report here.

    When you go to Nurse Population Ratio which is 8 per cent under Scenario A, it is 5 per cent in our Report here.

    Mr Speaker, when you move to Education, Education Facilities, 5 per cent is now 10 per cent in our Report. Teacher/ Pupil Ratio which is supposed to be 6 per cent under Scenario A, is now 8 per cent in our Report here.

    Mr Speaker, Water Coverage is 7 per cent under Scenario A.
    Mr Speaker 12:55 p.m.
    Hon Member, is it the case that where it should be 2013, they have made it 2012? Have they changed the positions because as you were giving the figures, I was cross-checking with the 2013 and I am realising that what you are calling rather is 2013? Have you done that comparative analysis?
    Mr Owusu-Aduomi 12:55 p.m.
    That is why I am saying that it is a mistake. It is not for 2012. Those percentages are not for 2012.
    Mr Speaker 12:55 p.m.
    Yes, that is the point.
    Mr Owusu-Aduomi 12:55 p.m.
    Mr Speaker, but when I checked the 2013, yes, the scenarios and the percentages are all correct but it is not correct for 2012 as appeared in the Report. So, if that can be checked and corrected.
    Dr Prempeh 12:55 p.m.
    Mr Speaker, if you could kindly let him finish, then we just amend it here because it would still add up to hundred.
    Mr Speaker 12:55 p.m.
    Yes, I think so.
    Dr Prempeh 12:55 p.m.
    So, let him finish, then we correct it.
    Mr Speaker 12:55 p.m.
    All that he is saying is that we should then take what is in page 15 of the Report for the formula for the Common Fund under 2012 which should be captured properly in the Committee's Report.
    Mr Kyei-Mensah-Bonsu 12:55 p.m.
    Mr Speaker, the difficulty is bullet 8.0. That is, 8.0 relates to weighting scenario for 2012 not
    2013.
    Mr Speaker 12:55 p.m.
    Yes. So, what I am saying is that, they have put “2012” there and I am saying that it should match what is in this Report which was laid. So, the Chairman or any Member should then use these figures; this is the Committee of the Whole because all Members, are Members then we go and look at 2013 figures to be sure, then he concludes and the Motion is seconded.
    Dr Prempeh 12:55 p.m.
    Mr Speaker, you are right but what I would say is that it is left with only two or four. So, let him mention it and let us amend it on the Committee of the Whole Report, then when we get to 2013, we look at the numbers, so that we finish.
    Mr Speaker 12:55 p.m.
    I have opened my book here as he was doing it. So, if you have page 15 of the formula presented by the Common Fund Administrator, you will just lift it from page 15 --
    Dr A. A. Osei 12:55 p.m.
    Mr Speaker, the 2013 recommendation is on page 16 and it does not match what is in your Report, so you cannot just lift it.
    Mr Speaker 12:55 p.m.
    No! He was referring to
    2012 --
    Dr A. A. Osei 12:55 p.m.
    Yes, and I am saying that your recommendation will not go. This is because 2013 does not match what is in the Report-- he means “2012”.
    Mr Speaker 12:55 p.m.
    I hope you are not trying to confuse me? The Hon Member referred us to page 15 and referred us to paragraph 8 -- So, he was talking about 2012 and I am saying that let us deal with the 2012, after that we come and look at 2013, to make sure that it is correct.
    Mr Owusu-Aduomi 12:55 p.m.
    Mr Speaker, the problem is with the percentages allotted to the various items for the 2012 fiscal year. The 2013, when I checked, they were correct. There is no problem with the 2013, so, it is with the 2012.
    Mr Speaker 12:55 p.m.
    Absolutely, and the correct percentages -- in 2012, at page 15. Is that not correct? So, we just lift it from page 15 and then we put it there.
    Dr A. A. Osei 12:55 p.m.
    That is what he was doing. He was just lifting and putting it there.
    Mr Speaker 12:55 p.m.
    The 2013 is correct. The 2012 is not correct and he is trying to correct it at 2012.
    Hon Member, I have seen your -- so, let us start again. I have page 15 here, so that everybody will take note.
    Mr Owusu-Aduomi 12:55 p.m.
    Mr Speaker, I said that the percentage for Equality as indicated on page 15 is 50, 40 and not 40, 50. Then Health Facility, instead of 8, it should be 6. Doctor Population Ratio should be 8 instead of 5. Nurses Population should be 8 instead of 5. Education Facilities should be 5 instead of 10. Trained Teacher should be 6 instead of 8. Water Coverage should be 7 instead of 8.
    Then Responsiveness, when you go to Revenue Improvement, it is supposed to be 4 per cent and the Service Pressure is supposed to be 6 per cent instead of 4. That is how it is supposed to be. If the Report given to us, the percentages are correct, that is how it should appear in our Report. But the percentages given in our Report, they just pick scenario for 2013 and used it as 2012, which is not correct.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, I do not know whether the Chairman would be willing to accept an amendment, so that we --
    Mr Speaker 1:05 p.m.
    This is a Committee of the Whole Report.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, the reason is that, from page16 through 17, he uses percentages. And if you read it as it is, you would get confused because 35 per cent of what? In the text, it says it should be 35 per cent of a smaller number. But once you put percentages here, it is as if 35 per cent and 17.3 per cent have the same base. It is very, very confusing.
    So, if the Chairman does not mind because of what we have done, the percentages on page 6 would change if we are consistent. This is because 17.3 is 17.3 per cent of GH¢1.149 million. But 35 per cent is not 35 per cent of GH¢1.149 million; it should be 24.9.
    If you would not mind, I can give you the rest, so that in reading it, it would be clearer. I just checked it this morning. Mr Speaker, if it is agreeable to the Chairman, where we have 35 per cent, it should be 24.9 per cent on page 6, bullet point 1.0. Where we have 1.5 per cent, it should be 1.1 per cent.
    Where we have 0.5 per cent, it should be 0.35 per cent. Where we have 0.3 per cent, it should be 0.21 per cent -- [Interruption.] I am sorry -- 0.35 --
    Mr Speaker 1:05 p.m.
    Zero point?
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, 0.35 and
    0.21.
    Mr Speaker 1:05 p.m.
    Hon Member, you are not explaining to us why you are giving us these percentages.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, this is for it to be consistent with the top. The 17.3 per cent --
    Mr Speaker 1:05 p.m.
    Very well. So, it should add up to 28.9 per cent?
    Dr A. A. Osei 1:05 p.m.
    But the 35 per cent is 35 per cent of a different figure. We are looking at different bases. If we want the same unit, then the first 35 per cent should be 24.9 per cent.
    The next one should be 1.1 per cent, the next one should be 0.35 per cent and the next one should be 0.21 per cent. Then when you go to the next page, for example, where it says 11 per cent, it is 11 per cent of a different number, which does not match. So, it should be 7.82 per cent.
    Mr Speaker 1:05 p.m.
    Hon Members, I would want you to comment on these figures because this is very, very important. I would want you to comment. But Hon Member, finish with yours first and then I will hear from the Chairman.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, first, let me tell you what they were doing and what I am seeking to do --
    Mr Speaker 1:05 p.m.
    You have not been able to tell us why it is no longer 35 per cent but 24.9 per cent.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, when I asked you 35 per cent of what --
    Mr Speaker 1:05 p.m.
    Yes. So, it means 24.9 per cent; so 24.9 per cent of what?
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, of GH¢1.149 million; the entire amount. If you do not do that, then if you read this paper, you would be confused. They are using two bases. After you take the Priority Intervention Programme (PIP), then they use a different percentage.
    That becomes problematic and that is what I am suggesting. It is better that we use the same base, so that we can all follow, otherwise, a reader of this Report -- it would not add up when he tries to add up. He will confuse all of us.
    Mr Speaker 1:05 p.m.
    Hon Member, this is a Report of the Committee of the Whole; I thought that we could get the percentages right. But now --
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, read the text and I will show you why it is confusing. If we keep it the way we are, anybody reading it would get totally confused. It would not add up. There are two bases; one based on the entire amount. If you do that, then you will get my percentages. For the first part, they used overall percentage and the second part, they used part of it and it is very confusing. So, that is why I am still interested --
    Mr Speaker 1:05 p.m.
    That second part is the Reserve Fund?
    Dr A. A. Osei 1:05 p.m.
    Yes.
    Mr Speaker 1:05 p.m.
    So, that is a different base?
    Dr A. A. Osei 1:05 p.m.
    Yes. And they are saying 11 per cent. But 11 per cent of GH¢1.149 million is not what they have there. So, there is confusion.
    Mr Speaker 1:05 p.m.
    When the reserve Fund is 11 per cent, that becomes 100 per cent. Once you know that that 11 per cent is what you are talking about, that becomes the new base and that becomes 100 per cent and then you apply the percentages to that.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker --
    Mr Speaker 1:05 p.m.
    Let me hear from Hon Prempeh, then I will come back to you.
    Dr Prempeh 1:05 p.m.
    Mr Speaker, to remove all doubt, instead of going by the Hon Member's percentages, when we get to the Reserve Fund, we should say 11 per cent of the total District Assemblies' Common Fund (DACF) is used as the Reserve Fund, so that there would not be any controversy with the figures and the percentages under them. Instead of saying 11 per cent has been set aside of the Reserve Fund, we should say 11 per cent of the total District Assemblies' Common Fund has been set aside as the Reserve Fund.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, but that is incorrect. That is precisely incorrect. That is my point.
    Mr Speaker 1:05 p.m.
    Why is it not correct?
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, because 11 per cent of the total is 126 -- [Interrup- tion.] That is not what we have in the table. The figure he is putting here is 89. We cannot have it both ways.
    Mr Speaker 1:05 p.m.
    Hon Members, do not be worried. This is the Committee of the Whole Report. Do not be worried.
    Dr A. A. Osei 1:05 p.m.
    Mr Speaker, read 9.2 --
    Mr Speaker 1:05 p.m.
    Hon Member, let me hear from the Hon Member for Garu.
    Mr D. A. Azumah 1:05 p.m.
    Mr Speaker, what the Hon Member is suggesting is that the table as outlined in the document should be corrected. But the decision of the House, if we had gone through the Report, we took the decision that the 11 per cent should be based on the gross, not on the net. And the Report captured that adequately at the end, that the calculation is going to be based on the gross and not on the net and the Administrator has already worked out the details.
    We are not to correct that in this one; it is the Report that is now going to go and inform the Administrator. So, once that recommendation is there, it captures all the concerns. The only figure he was providing for 2012 is correct, that we should correct those figures, otherwise --
    Mr Speaker 1:05 p.m.
    As for that one, we all agree. We are finishing with the 2012 one.
    Mr D. A. Azumah 1:05 p.m.
    Mr Speaker, once the House agrees, if we approve the Report --
    Mr Speaker 1:05 p.m.
    Do you agree to the Hon Member's amendment at page 6 with regard to the percentages? Do you agree to that one?
    Mr D. A. Azumah 1:05 p.m.
    Very much so; I agree.
    Mr Speaker 1:05 p.m.
    That 35 per cent be- coming 24.9 per cent? Do you agree to that one at page 6?
    Mr D. A. Azumah 1:05 p.m.
    No! The nitty-gritty of that should be left to the Administrator once we agree here that the 11 per cent of --
    Mr Speaker 1:05 p.m.
    Please, answer my question. Do you agree that 35 per cent under Priority Intervention Programme, paragraph 9.2 at page 6 of 11 where 35 per cent has become 24.9 per cent? Do you agree with that one?
    Mr Speaker 1:05 p.m.
    Hon Member, we are approving the formula, so, we should be very clear in our minds what percentages we are allocating to what and for what? We should be very clear. We are allocating funds based on a formula; we must be very clear as a House as to the percentage because the Common Fund Administrator is going to use our percentages to work. So, the percentages are important.
    Let me hear from you again, Hon Member. I know you are the Chairman of the Committee on Local Government. Let me hear from you again.
    Mr D. A. Azumah 1:05 p.m.
    Mr Speaker, I think Hon Dr A. A. Osei should be able to let us understand. There is a difficulty in understanding him. This is because initially, after the deductions of the priority projects, the Reserve Fund was going to be based on the balance, that is the net. Now, the Committee of the Whole agreed that instead of it being based on the net, it should be based on the gross. Those nitty-gritty of percentages now would be left to the Administrator to put them there once we agree.
    I can tell you the figures and I can tell you what he read out and it conforms to it. But once that was his duty, I did not think that we should bring it over here.
    Dr A. A. Osei 1:15 p.m.
    Mr Speaker, with respect, this is not a Report of the Administrator. This is our Report. I do not want any Administrator to give me wrong numbers. I want to check. Mr Speaker, the difficulty we have is that -- and that is where you have to take your time and listen.
    The decision we took, if it is done, you will not get the percentages that are here. Once you change that 11 per cent of the total, all the numbers must change. But who is going to make that decision? It is our formula, not his formula. That is precisely the point -- you cannot have it both ways.
    Mr Speaker 1:15 p.m.
    But we need to be ad idem of what we are doing here.
    Dr A. A. Osei 1:15 p.m.
    Yes, Mr Speaker.
    Mr Speaker 1:15 p.m.
    That is exactly why the Committee of the Whole met and so, if there are problems with the percentages, I would suspend Sitting for some 15 minutes for us to iron out them. This is because at the end of the day, we are approving; that is my understanding. So, we can iron out these percentages because when you make a mistake, it is going to create problems.
    Dr Kunbuor 1:15 p.m.
    Mr Speaker, I certainly will share your sentiments but the arguments that the Hon Member is raising are also very problematic. One, if you go through the Committee's Report very carefully, you would see that some observations -- all what we are talking about in terms of the scenario have been narratives, which are a build-up to the actual observations and recommenda- tions and the time you reach the end, the recommendations of this House and the decisions the House is invited to take, is scenario ‘C'.
    So, where do all these other percentages that we are saying there are discrepancies -- if you can show, [Interruptions] -- let me finish--
    Dr A. A. Osei 1:15 p.m.
    What you are doing --
    Mr Speaker 1:15 p.m.
    Hon Member, let us hear him; I would give you the chance.
    Dr A. A. Osei 1:15 p.m.
    He is saying something different from what I am saying.
    Dr Kunbuor 1:15 p.m.
    I have the floor; let me finish.
    Mr Speaker 1:15 p.m.
    Yes, you will come in.
    Dr Kunbuor 1:15 p.m.
    I am saying that by the Standing Orders of this House, a Question is going to be put to adopt and accept something. It is not every paragraph or foolstop or figure that is being contested here that is going to be the Question that this House will approve. And I am saying that the conclusion and observations say that it is scenario ‘C' among all the other scenarios that we are inviting the House to actually adopt.
    Now, if you have a problem with those figures in relation to what we are going to adopt, that is when one should raise it.
    Mr Speaker 1:15 p.m.
    I think the Hon Majority Leader has raised a fundamental point. The point that he has raised is that, we are adopting scenario ‘C' and then scenario ‘C' has its own percentages. So, once we adopt scenario ‘C' -- [Interruptions] -- No, no, I am just summarising his point, so that you can also come in.
    So, let us take it one at a time. That is the reason -- So, he is saying that once you adopt scenario ‘C' you adopt it with its own percentages and that point is absolute.
    Mr Kyei-Mensah-Bonsu 1:15 p.m.
    Mr Speaker, even though the issue being raised by the Majority Leader is different, it does not really address the concern being raised by my Colleague. However, even if we should address the issues that he has raised, there are three scenarios put before us. Now, we should weigh the three scenarios, select the one that objectively satisfies the concerns of the people.
    But if he is saying that we should close our eyes because we have made a determination on scenario ‘C', the decision that we would make would be dependent on what rates that we assign to (a) and (b). So, he cannot even say that we should close our eyes --
    Mr Speaker 1:15 p.m.
    Hon Member, I learnt that the Committee sat and adopted scenario ‘C'. And that is why he is saying that if you should take scenario ‘C', then you must adopt the percentages that are associated with it. That is the point. But the point that the Hon Member for Old Tafo is raising, which is my concern -- he is saying that we should calculate on different basis.
    Dr A. A. Osei 1:15 p.m.
    Mr Speaker, the two issues are separate
    Whether it is (a) (b) or (c) --
    Mr Speaker 1:15 p.m.
    Hon Members, do you agree to my suggestion that we should take 15 minutes break -- suspension to work out these percentages?
    Dr A. A. Osei 1:15 p.m.
    Before we do, Mr Speaker, we have to have some agreement, so that we all agree.
    Mr Speaker 1:15 p.m.
    You are the same people who are going to agree.
    Dr A. A. Osei 1:15 p.m.
    The whole House should be informed.
    Prof. George Yaw Gyan-Baffour 1:15 p.m.
    Mr Speaker, I was not here yesterday but what I understand the Hon Member is saying is that, the scenario ‘C', the rates are only applied to MMDA's allocation, which is one different set of allocations. All the others are also applied against the entire vote. So, the percentages have different bases.
    Therefore, we should go and look at those bases and use that for the basis determining what is here and not take just one common base for everything. This is because all the moneys had been shared except the one that is going to be subjected to by the formula which is the GH¢421 million.
    Mr Speaker 1:15 p.m.
    Is that the 11 per cent?
    Prof. Gyan-Baffour 1:15 p.m.
    No, no. It is the net MMDA.
    Mr Speaker 1:15 p.m.
    Very well. Hon Members, these are matters of percentages. That is why we had a Committee of the Whole to iron out all these differences before we get to the floor of the House. So, I am suggesting that 15 or 20 minutes but what is the sense of the House to my suggestion or we can resolve it on the floor? Very well, if --
    Mr Kyei-Mensah-Bonsu 1:15 p.m.
    Mr Speaker, if we go this way, the arguments would be interminable. So, I would go along with your suggestion that we suspend for a brief period to make the reconciliation and move on. So, between 15 and 30 minutes may be all right. We could take suspension of Sitting for 30 minutes.
    Mr Speaker 1:15 p.m.
    Hon Majority Leader, do you have any objection?
    rose
    Mr Speaker 1:15 p.m.
    How have you been doing it in the past? I am not saying that everything done in the past is correct.
    Dr Prempeh 1:15 p.m.
    Mr Speaker, the only problem that has brought this was yesterday's attempt to decrease the Reserve Fund. So, when that has been restored and it has been restored with the understanding that it is going to be re- distributed within that percentage -- applying to the total Fund. As the Fund this year is in three parts -- the priority projects, the MMDA and the reserve --
    If we have agreed in the House that the reserve is 11 per cent of the total, the Common Fund Administrator had then decided to re-adjust the other figures to cater for it. I believe that we have given the Administrator that authority. So, Mr Speaker, if you say we should suspend for 30 minutes, I can understand. We should call the Administrator to bring the new agreed formula that the Chairman of the Committee has got a copy, so that we substitute it with this one to enable us move forward.
    Mr D. A. Azumah 1:15 p.m.
    Mr Speaker, I have spoken to the Administrator of the Fund and he is coming along with the percentages as requested; we can take a break for a while, so that when he comes, we can do the necessary amendments and then come back and proceed with it.
    Mr Speaker 1:15 p.m.
    Hon Members, we are suspending the House for 20 minutes. Is that all right?
    Dr Kunbuor 1:15 p.m.
    Yes. Mr Speaker. Because this is a Committee of the Whole, I would want your further direction that a number of Hon Members, including the Hon Member for Old Tafo should come
    together within this break to get this percentages issue resolved, otherwise, it would mean we would have another Committee of the Whole again.
    Mr Speaker 1:15 p.m.
    I think my under- standing so far is with regard to certain percentages that have been cited. So, that is the only issue that you are going to resolve. So, the Hon Member for Old Tafo, and the Chairman of the Local Govern-ment Committee --
    Dr Kunbuor 1:15 p.m.
    And the Hon Member for Wenchi --
    Mr Speaker 1:15 p.m.
    Then their Ranking Members, their Chairmen, the Chairman of the Committee of the Whole and the Leadership should be able to resolve this matter. In fact, the essence of the Committee of the Whole is to reduce the length of the debate on the floor of the House. So, if we are not achieving that purpose, the best thing is to go back --
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr Speaker, the Majority Leader is proffering some course, that we mandate a sub-committee of the Committee of the Whole to deal with it and then they would come and report to us and then we can move on.
    Mr Speaker 1:25 p.m.
    Yes. So, I am adding the number of Members he has mentioned to the Leadership.
    The Hon Member for Old Tafo, the Member for Wenchi, the Chairman of the Local Government Committee and the Chairman of the Committee of the Whole, added up to the Leadership, should meet and resolve the matter. We would come back in 20 minutes time.
    Dr Kunbuor 1:25 p.m.
    Mr Speaker, thank you. As a general reference on this matter you have given, some of the percentages are policy percentages, in which particular percentages have been allocated as a matter of policy. So, I would want us to deal with what are errors and not what are policy matters. This is because I have had a closer look at what exactly the nature of the objection and why those figures must change.
    I do not have a problem if they are errors but if they are policy allocation in terms of the percentages, we should look at it differently.
    Mr Speaker 1:25 p.m.
    Hon Majority Leader, who approves the policy?
    Dr Kunbuor 1:25 p.m.
    Mr Speaker, statutorily, we understand how the Distr ict Assemblies Common Fund is supposed to be expended and the processes that lead to parliamentary approval of the said formula. And in the law, it is categorically stated, Mr Speaker, that Government will indicate the areas through the Administrator by way of a formula which has to be approved by Parliament. So, it is under this --
    Mr Speaker 1:25 p.m.
    Hon Majority Leader, do not be worried; that is the essence of putting your heads together.
    Dr Kunbuor 1:25 p.m.
    Yes. Why I am saying this is that, 28.3 per cent is a matter that has come before the Committee of the Whole. Unless in the disaggregation of that 28.3 per cent, there is an error and we did not change that percentage at the Committee of the Whole. Mr Speaker, I find it difficult that we want to come and change that matter in the adoption of the Report.
    Mr Speaker 1:25 p.m.
    This is a very important point you have raised but when the Hon Member was giving the percentages, you should have drawn the Chair's attention to that but it is good that you have drawn attention to it now. My position is that, at the end of the day, it is this House that would approve the formula. That is our constitutional and statutory respon- sibility.
    Hon Member, I have allowed 20 minutes, go and consult and come back.
    1.30 p.m-- Sitting suspended.
    2.25 p.m.--Sitting resumed.
    MR SPEAKER
    Mr Speaker 1:25 p.m.
    Hon Majority Leader, have you resolved the issues?
    Dr Kunbuor 1:25 p.m.
    That is so, Mr Speaker. We would get the Hon Member who raised the concern to address it and then we would take it from there, Mr Speaker.
    Mr Speaker 1:25 p.m.
    All right.
    Let me hear from the Hon Member for Old Tafo.
    Dr A. A. Osei 1:25 p.m.
    Thank you, Mr Speaker.
    Mr Speaker, it is correct; we have resolved the issue and we invited the Administrator and the general principle is the following:
    That on the basis of the decision of 11 per cent for the Reserve Fund of the total amount, the Reserve Fund amount will go up from GH¢89,792 million to approximately GH¢126,422 million. So, there will be some increase of about GH¢36 million. The consequence of that is that, on page 9 of 11, under the reserved item, all those four items would change. They will be adjusted upwards.
    I will give some estimates but the Majority Leader said in his speech that he would direct the Administrator to bring the final numbers. So, just for purposes

    of discussion, for example, I am on page 9 of 11. For example, Constituency projects (MPs), the current amount we have there is 32,652. The decision and the implication will move that to 45,971 approximately. MPs Monitoring: currently, on page 9 of 11, you have approximately 45,971. The exact figures would be communicated to the House through the Majority Leader by the Administrator. He is going to bring their spread sheet. The next line, MPs Monitoring will be adjusted upwards to approximately 34,479, an adjustment of approximately 10,000.

    Mr Speaker, these are just two examples since the final numbers are going to come. Reserve Fund: the new number would be approximately 22,986 instead of 16,326. RCC: Instead of 12,244, approximately 17,239. The Administrator's Office, instead of 4,081, approximately 5,746. The consequence is that the total of 726,495 would be reduced to 68,9865.

    Mr Speaker, on the same page MMDAs is 689,865, approximately. MMDAs, the 726,495, I believe, becomes 689,865 approximately.

    The final numbers will come but the next adjustment implies that under the direct MMDAs, instead of 433,734, the new number will be approximately 397,084. Direct: The number you have there is

    433,734.

    The adjustment will be downwards 397,084 and finally, the next MMDAs will now instead of 421,490, read 384,860. The net effect is that that adjustment -- the PWT does not change. The PIP remains the same 333. So, effectively, PIP is upfront, starting from page 8, the 333 will not change.

    I thank you, Mr Speaker.
    Dr Kunbuor 1:25 p.m.
    Mr Speaker, we have had some consensus on this matter and we think that the Official Report should capture the concern and then we can adopt the formula subject to those recommen- dations that we will monitor with the spread sheet.
    Mr Speaker 1:25 p.m.
    Very well.
    Hon Chairman, did you complete moving your Motion?
    Mr Barton Odro 1:25 p.m.
    Yes, Mr Speaker.
    Mr Speaker, I now present the Report of your Committee.
    Introduction
    On Monday, 29th April, 2013, the Hon Majority Leader and Minister for Government Business in Parliament, Dr Benjamin Kumbour laid before Parliament, the proposed formula for sharing the 2013 District Assemblies Common Fund.
    This was done pursuant to article 252 (2) of the 1992 Constitution and section 7 (a) of the District Assemblies Common Fund Act, 1993 (Act 455).
    Mr Speaker referred the proposed formula to the Committee of the Whole for consideration and report.
    The Committee of the Whole met on Monday, 29th April, 2013 and deliberated on the proposed formula and reports accordingly.
    Background
    According to article 252 (2) of the 1992 Constitution of Ghana and the District Assemblies Common Fund Act, 1993 (Act 455), Parliament is mandated to make provision for the allocation of not less than five per cent (5 per cent) of the total revenue of Ghana to the Distr ict Assemblies Common Fund for the implementation of development pro- grammes in the Metropolitan, Municipal and District Assemblies (MMDAs). As of now, 7.5 per cent of the total tax revenue of Ghana is the allocation to the District Assemblies Common Fund.
    By the stipulations in section 7(a) of the District Assemblies Common Fund Act, 1993 (Act 455), the Administrator of the District Assemblies Common Fund is to propose annually for the approval of Parliament a formula for sharing the Common Fund to the District Assemblies.
    Acknowledgements
    The Committee during its deliberations on the formula met with the Hon Akwasi Opong-Fosu, Minister for Local Government and Rural Development and the Administrator of the Distr ict Assemblies Common Fund, Mr. Kojo Fynn and his officials.
    The Committee is grateful to these persons for their immense contributions.
    References
    The Committee of the Whole, in considering the proposed formula, referred to the following documents:
    i. The 1992 Constitution of the Republic of Ghana.
    ii. The Local Government Act, (1993) (Act 462).
    iii. The District Assemblies Common Fund Act, 1993 (Act 455).
    iv. The Standing Orders of Parlia- ment.
    v. The 2012 Report of the Committee of the Whole on the Proposed Formula for Sharing the District Assemblies Common Fund.
    vi. 2013 proposed formula for the sharing of the District Assem- blies Common Fund.
    Mr Barton Odro 1:25 p.m.
    Principles underlying the formula
    Mr Speaker, in developing the formula, the Committee was informed that the Administrator was guided by the “basic human needs” principle to development, and therefore, considered its indicators to be the Need Factor, Responsiveness Factor, Equality Factor and the Service Pressure Factor.
    These factors, when properly applied, will ultimately ensure that perceptions about unfair and discriminatory approaches to development would be avoided.
    Mr Speaker, the Committee learned that in developing the formula, the Administrator identified factors which were quantifiable and capable of depicting all the considerations of the formula. He also ensured that the factors and their corresponding indicators were simple to interpret, relevant, comprehensive, reliable and measurable. The factors include:
    i. The Need Factor
    Under this factor, the Admini- strator considered availability or non-availability of health and educational facilities in a district, access to potable water and tarred road coverage as a determinant of how much money should go to that district.
    ii. Responsiveness Factor
    The responsiveness factor considered Assemblies'app- roach to revenue gener ation outside the Common Fund allocation.
    iii. Service Pressure Factor
    Urban areas should be compen- sated for the over-utilisation of their facilities and the main- tenance of these existing facilities.
    iv. Equality Factor
    The underlying principle is that districts should not be deprived of needed funds to pursue

    v. Reserve

    There should be a Reserve Fund to cater for contingencies and bulk purchases for the districts.

    Sources of data used

    Mr Speaker, the Committee was informed that data used in the formula is obtained from central sources. This is to avoid Metropolitan, Municipal and District Assemblies (MMDAs) influence over the data used and to prevent any falsification.

    Population

    The Committee was informed that Population data was obtained from the Ghana Statistical Service. The population data used is the result of the 2010 Population Census. Education

    The Committee was further informed that data on education was obtained from the Ministry of Education. Data required includes education facilities, pupil and trained teacher population. Education data covers all the MMDAs except the new districts where data is shared with the old district. Health

    The Committee was informed that health data is supplied by the Ministry of health. The data supplied includes Health facilities such as public hospitals, clinics, health posts and Community Health (Based) Planning Services (CHIPS) Compound as well as Doctors and Nurses population. The health sector data continue to pose a great challenge to the development of the formula.

    Internally Generated Funds (IGFs)

    Local Government Accounts Unit of the Controller and Accountant-General's Department provides data on Metropolitan, Municipal and District Assemblies (MMDAs) internal revenue collection.

    Water coverage

    Data on water coverage was sourced from both the Community Water and Sanitation Agency and the Ghana Water Company. While the Community Water and Sanitation Agency gave out rural coverage, the Ghana Water Company also gave out urban coverage.

    Tarred road coverage

    Tarred roads data was obtained from Departments of Urban and Feeder Roads. Data on feeder and urban roads were used. Highway data was excluded as most MMDAs have the highway passing through and has little economic benefit to the entire MMDA.

    Review and introduction of new factors

    It may be recalled that at the inception of the Common Fund, GDP was a major component of the “Need Factor”. With passing years, its reliability reduced and had to be dropped. In 2001, the formula was reviewed with the inclusion of Doctor /population ratio and teacher / pupil ratio.

    In 2002, the “Need Factor” was again expanded to include water coverage as an indicator. It is measured in terms of the percentage of Metropolitan, Municipal and District Assemblies (MMDAs) population that have access to potable water.

    In 2004, the Need Factor was further revised with the introduction of tarred roads and nurses / population ratio. Tarred road was dropped in the subsequent years due to late submission of data. However, in 2011 the tarred roads was reintroduced with data sourced from the Departments of Urban Roads and Feeder Roads. These are the two main departments for roads whose activities are carried out at the Metropolitan, Municipal and District Assemblies (MMDAs) basis.

    Weighting Scenario for 2012

    Mr Speaker, the Administrator presented three different scenarios of the weighting to the House. Based on the analysis of the scenarios, the Committee recommended that Scenario A where the greatest number of districts received their highest allocations compared to the other two scenarios was approved for 2012.

    The details of scenario a were as follows:

    SPACE FOR SCENARIO ‘A' -

    PAGE 9 - 2.25P.M.
    SPACE FOR WEIGHTING 1:25 p.m.
    Mr Dominic A. Azumah (NDC -- Garu) 2:35 p.m.
    Mr Speaker, I beg to second the Motion and in so doing, make a few comments for the benefit of the House.
    Since the introduction of the Fund in 1994, there is no doubt that some significant impact has been made in the lives of the people of this country, however, there is still room for improvement. Our people are still yearning for further development to lift their living standards. It is on this note that the 2013 formula attempts to address some of these concerns. If you look at the 2013 formula, there has been no departure from the previous formulas-- 2010, 2011, 2012 basically.

    I was just saying, Mr Speaker, that looking at the 2013 formula, there has not been any departure from the previous formulas. But one critical recommendation the Committee took was the issue of the Priority Intervention Projects.

    Since 2009, this concept was introduced and all along, your Committee on Local Government has drawn the attention of the Ministries of Finance and Local Government and Rural Development, that it is safer and better to find other sources of income to be able to handle the priority intervention projects, that is to say, the Ministry of Finance should absorb the expenditure on these critical expenditures.

    The reason being that not all the 216 distr icts are benefiting from these projects. The projects are meant for specific districts and yet because the cost for these priority projects is deducted from the total allocation to the Common Fund before disbursement to the various districts, it implies that none beneficiary districts were contributing to finance those priority projects even thought they do not benefit from them.

    So, it is important that the House prevails upon the Ministry of Finance to absorb the cost of the projects in the 2014 budget instead of the Common Fund.

    Mr Speaker, the Fund, since 1994, has grown from 5 per cent; it has increased to 7.5 per cent when the number of District Assemblies was then 130, and increased to 170. As we speak now, the Assemblies again, have been increased from 170 to 216. Parliament, which is part of the development agenda of the country, has increased from 230 to 275. It is, therefore, very important that if we want this development at the grassroots, a larger chunk of the national revenue must go to the districts for development.

    It is the view of the House and we would want to urge that we support it and Mr Speaker to direct Government to take a critical look at this issue by increasing the Common Fund's percentage of 7.5 per cent to 10 per cent. Comparatively to other countries, in Uganda, the Fund is currently 25 per cent of their national revenue. In Kenya, that is just beginning to practise it, they are almost moving to 30 per cent. So, if we are moving to 10 per cent, gradually, I am sure that — The bottom line is to make sure that these amounts get to the districts for rapid development.

    Mr Speaker, one concern that came up was that, a lot of MMDAs in their meetings, normally will pass resolutions accepting to procure equipment, goods and services from Accra. And the form of resolutions they pass, they direct the Common Fund Administrator to make deductions from their share of the Fund and make payments to those institutions or companies before the final amount is transferred to the districts.

    Sometimes, very unfortunately, the returns will show some negative transfers even to some districts because of the deductions of the procurements they have made. It is a matter of concern and it is the thinking that the House should prevail on the District Assemblies through the Ministry of Local Government and Rural Developmemt to advise the Assemblies to carefully take a second look at the procurement they do at the national level and the kind of resolutions they adopt and submit that to the Administrator, compelling him to do the necessary deductions.

    If this is done, and a halt is made to this practice, a lot of the resources will flow to the districts and I am sure developments will impact positively on the lives of the people.

    It is on this note that I am urging the whole House to support and approve the formula for 2013 to allow the District Assemblies Common Fund Administrator
    Dr Anthony A. Osei (NPP -- Old Tafo) 2:35 p.m.
    Mr Speaker, for the record, I hope that it is consequential that the appropriate percentages will be taken care of as per the amendment.
    I rise to support the Motion and in so doing, I would want to go back to the challenges we had when we were passing the Budget Statement.
    For lack of better words, we had issues relating to constitutional violations, statutory violations and irregularities when we were debating the budget.
    The constitutional violation was in regard to the exceeding of the Appropriation Act as you recall and at that time, you advised Leadership to try to assist the House in moving forward.
    With regard to the statutory violation, one example was loans not being brought here for approval but being processed and so forth. This Parliament has been really challenged and as we review this formula, yesterday, we ran into challenges where people were trying to interpret section 9 of the DACF Act, that Ministers for Local Government and Rural Development and Finance determine the priorities apriori or after; so, we have been having some challenges.
    Mr Speaker, talking about these challenges, with your permission, I would want to read something from the Administrator. That is on page 7 of what he brought yesterday. Paragraph 6.0 (a) says and I beg to quote: --
    “Available records of the cash expenditure returns of the Metropolitan, Municipal, District
    Assemblies show a trend of application of substantial portion of their share of funds into recurrent expenditures (logistics and capacity building.)”
    Mr Speaker, that is straightforward. What is disheartening to me is this second part. “While this practice . . .” -- And there is a grammatical error but — “shows a gross disregard of the DACF Regulation”. The Administrator is saying, this is clearly against the law and we, in Parliament, are about to endorse the recommendation. This Parliament is very lucky. I was looking at the composition of the Leadership and the four top positions have some association with the Attorney-General's Office.
    The Majority Leader is a former Attorney-General, the Second Deputy Speaker is a former Attorney-General, the First Deputy Speaker, a former Deputy Attorney-General and Mr Speaker is a former employee of the Attorney- General's Office.
    Mr Speaker, which Parliament in Ghana has had this experience of evidence? Leadership, please, the Lord's Prayer says:
    “Lead us not into temptation but deliver us from evil.”
    Mr Speaker, we are about to be led into a temptation and then condone what he calls “gross disregard of a regulation”. We are challenged. So, I appeal to our Leadership with such vast experience-- Mr Speaker, the Minority Leader has not worked in the Attorney-General's Office but on our side, he is a lawyer.
    So, I know all of you who have legal experience. Since you threw the invitation for Leadership to lead us through this - I remember you even invited — When we were debating the budget, a Colleague of mine tried to bring an amendment to the Appropriation Bill, in terms of
    sanctions and you suggested, rightly so, that it should come through the Financial Administration Act (FAA). If this is wrong, why do we not simply amend the law? The Legislature is about to, in my view -- I am not a lawyer-- condone an apparent gross disregard for the Regulation and we sit here as if we do not know what to do. So, Mr Speaker, I plead with you, this is a very challenging thing for this Parliament but we must find a solution.
    Mr Speaker, before we adopt the Report-- I think we should adopt it-- we must find a way to check this, so that somebody is not seen as if we are party to what he is suggesting to us, unless we disagree with him. Yes, it is a practical matter but if it is illegal, it is illegal and we cannot be seen with such a strong experience from the Attorney-General's Office -- before the Attorney-General comes after us. I am worried about the Attorney-General's Office because they can come after us having the two former Attorney-Generals and a Deputy here, and your goodself, a former employee.
    Mr Speaker 2:45 p.m.
    Which page did you refer to?
    Dr A. A. Osei 2:45 p.m.
    Page 7 of the docu- ment, paragraph 6.0 (a) -- Unless it is a mistake that was put in there, but nobody challenged it. So, I am assuming the Administrator is correct.
    Mr Joe Ghartey 2:45 p.m.
    Mr Speaker, my Colleague here said the Attorney-General would come after us -- Threatening us. The Attorney-General cannot come after us. We are exercising our constitutional duty within the confines of Parliament. There is no question of us having any
    mala fide -- On what basis would the Attorney-General come for us? Maybe, he can advise us.
    Dr A. A. Osei 2:45 p.m.
    Mr Speaker, I am not a lawyer. What I am suggesting to you is that for us who are laymen, who are not lawyers, the Administrator is saying, and with your permission, I beg to quote:
    “While this practice shows a gross disregard of the DACF Regulation …”
    Those of us who are not lawyers interpret that to mean that somebody is violating the law.
    We are passing a formula that condones a disregard of the regulation and I am saying, you are the lawyers, what does it mean for us? Are we condoning in this practice? He should educate us. That is why I am asking.
    Mr Ghartey 2:45 p.m.
    Mr Speaker, in educating him, I would want to assure him that the Attorney-General cannot and will not come after us. If the Administrator is saying that if they are breaching any regulation, any law, including subsidiary legislation, the consequences of the breach are contained in the law. For him to state at once that the Attorney-General and Minister for Justice would come after us, she is responsible for criminal prosecution.
    rose
    Mr Speaker 2:45 p.m.
    Hon Minister, do you have a point of order?
    Mr Ayariga 2:45 p.m.
    Very much so, Mr Speaker.
    Mr Speaker, I think first and foremost, before the Hon Member goes to the full length of arguing about complicity in not taking steps to stop a criminal offence, the Report does not give any specific regulation as in an L.I. I do not know whether it is just an internal regulation regarding what the money should be used for.
    I know that very often, the Common Fund Office would send guidelines and in the guidelines, they would indicate what they think in a weighted form, the money should be used for. If some Assemblies are spending on things that they, in their guidelines, do not think they should be spending money on, that is a different matter in terms of criminality.
    So, I think that for him to make a case of we being complicit in a situation where crime is being committed, he must point to a specific criminal provision; and I do not see it here. It just said “regulation” without any indication of which regulation.
    So Mr Speaker, he is misleading this House. Nobody in this House is complicit in the commission of any crime for which the Attorney-General and Minister for Justice would be looking for us one day.
    Dr A. A. Osei 2:45 p.m.
    Mr Speaker, you see the lawyers? They want to pretend that there is no problem with what we are
    Dr Prempeh 2:45 p.m.
    Mr Speaker, before the Hon Member for Old Tafo goes on that trajectory of we breaking the law, he should just go to the next paragraph. If this Administrator is telling us that some Assemblies are disregarding the law, how could he have then said “to regulate this occurrence, I recommend the cap of 20 per cent”. So, if he thinks that we are breaking a certain law, he should not include me, I am not breaking any law and I do not intend breaking any law.
    Mr Speaker, the District Assemblies Common Fund Administrator, if he says that there is a total disregard for a law and he is coming in in this same Report, in the next paragraph, then what my Hon Friend from Bawku Central --
    Mr Speaker 2:45 p.m.
    Hon Members, let us get the language -- the language is very clear. The concern of the Administrator is using a substantial part for recurrent expenditure. They are not supposed to use a substantial part and he is trying to recommend a cap of 20 per cent, which in his view, is not substantial.
    Dr Kunbuor 2:45 p.m.
    Mr Speaker, that is why I said that when a matter is brought to you for approval and you go and disaggregate and pick a very tiny portion of it, you are likely to run into this problem. All that the Administrator has done, is to raise a concern, directed more at the MMDAs and prescribe a solution and has asked us to approve it with a solution. So, there is really no issue about wrong- doing. If we approve it --
    Mr Speaker 2:45 p.m.
    I was expecting the point being raised which the Administrator had raised and which the Hon Member for Old
    Tafo is raising to be captured in our recommendation to send a clear signal to the Metropolitan, Municipal and District Assemblies that they should not exceed the 20 per cent recommendation because it is serious. All of us have been MPs at one time or the other.
    Dr Kunbuor 2:45 p.m.
    That is so, Mr Speaker. I do appreciate the concern and I believe that if we approve this formula, with the caveat in the second paragraph, it would actually be an affirmation of our support for the recommendation that has been made.
    But I also would want to add one caution that if you look at the legal framework of decentralization, we must also be sure the extent to which bodies outside the MMDAs can direct the expenditure priorities. I know as a matter of fact that spending so much of the money on recurrent expenditure is not a policy option and has never been agreed with and the regulations do not accept it.
    But having been an Assembly member myself, there is a time, and I am sure the Hon Member for Old Tafo would know, that to draw the line between what is recurrent expenditure and what is not recurrent expenditure, can be very problematic.
    So, let us be flexible in relation to this but accept the principle that people should not just use the District Assemblies Common Fund into buying smocks and giving to Ministers who visit them, and buying goats and other things to influence people as the joke used to be some years ago.
    Dr A. A. Osei 2:45 p.m.
    Mr Speaker, I think that the point I wanted to achieve has been achieved. You see, I said we were going
    to approve of it without even paying attention to this clause. I do not know about criminality; I am not a lawyer. But if it is wrong -- That is why I put it that let us amend the law or let us adopt the recommendations, so that -- I feel more comfortable that we are responding to the Administrator 's concern about a substantial portion.
    In fact, I know for some MMDAs, this is almost scandalous and that is why I invited the “Attorney-Generals” -- You see, we are getting somewhere. Mr Speaker is inviting the Leadership to help us, so that we are not led into temptation and that we can be delivered from evil.
    Mr Speaker, with those few words, I support the Motion.
    Mr Joe Ghartey (NPP -- Essikadu/ Ketan) 2:45 p.m.
    Mr Speaker, this is friendly fire but it is still fire. I stand corrected; I would want to propose it.
    I agree with the 20/80 principle but what we are doing is that we are approving a formula; and then we are approving a Report to support the formula we are approving. So, the Report is not part of the formula. The Report is mainly the comments the Committee of the Whole made about the formula.
    The question that I ask myself is whether this, as it remains, and if it remains in this current form even though we discussed it here ad infinitum would not just be a mere admonition or a recommendation. For example, would it be a situation that if a District Assembly does 80/20 instead of 20/80, what can we do to that District Assembly?
    Or perhaps, we should be looking at including this in the formula or including it in the regulation -- This is because if it is included in the Report, and we adopt the Report, the Report does not bind the District Assemblies stricto sensu.
    Dr A. A. Osei 2:45 p.m.
    Mr Speaker, what I am seeking to do is that, the Report should address this. Subsequent to that, we should look at that particular regulation he is talking about and see how we can amend it to reflect our decision. It would be a follow-up, but I was concerned that it was not addressed at all. But I know that it is a big problem.
    Mr Speaker 2:45 p.m.
    Thank you very much, Hon Member for Old Tafo.
    Mr Azumah 2:55 p.m.
    Mr Speaker, just to help us understand the issue. There is no regulation per se. The previous Administrator, Mr Joseph Nicole, in issuing guidelines to the Assemblies for the utilisation of the Fund, clearly spelt out that it was meant for development. But some Assemblies, for one reason or the other, especially the new districts and other districts whose internally revenue generation is very poor, notwithstanding these guidelines, they were still straying into attempting to use part of their funds for these kind of expenditures.
    Now, a monitoring team went round the country and came back and advised that notwithstanding this rule, if we do not allow the Assemblies a bit of free-way to manage this, it is not possible to control it. So, he brought this idea to the Committee and we had enough discussion with him; we went to some of the districts to listen to the challenges and so, he is now asking us, informing Parliament -- From this point, I am sure he is going to

    inform the Assemblies that when they are releasing -- In fact, when he proposed to us, he said that, if you exceed the 20 per cent, your next quarter will be held back, so that you have to address the concern before.

    So, he has a way of managing that at his office level. There is no regulation by law per se, but it is just the internal memorandum which is sent out to all the districts. So, we cannot --
    Mr Speaker 2:55 p.m.
    Under the law, can the Administrator issue guidelines? If the answer is “yes”, then the guidelines that he issued should have the effect of law. The next question is, Are there sanctions for disregarding those guidelines?
    Dr Richard W. Anane (NPP -- Nhyiaeso) 2:55 p.m.
    Mr Speaker, mine is to seek your indulgence. I was taken unawares when an intervention should have been made.
    Mr Speaker, it has to do with the Report and the rendition of the Report. And looking at page 10 of 11, bullet points 2 and 3 and then you look at the “Recommendations”, recommendation (c), Mr Speaker, I would want to believe that recommendation (c) is based on the two bullet points. But when you look at the recommendation, it appears disjointed and therefore, does not seem to reflect what we are asking.
    So, I sought the input of your Hon Deputy Speaker and therefore, seeking your indulgence for the correction to be made, so that the recommendation (c) may now read --
    “The Committee therefore, recom- mends to the Administrator of Common Fund not to honour requests from the Assemblies with respect to financing of projects directly from the Office of the Administrator.”
    And then continue with --
    “Instead, the Assemblies should be made to use their internal mechanism.”
    Mr Speaker, this correction will then join this recommendation to these two points raised as bullet points 2 and 3.
    Mr Speaker 2:55 p.m.
    Hon Member, the recommendation there, if the Assembly passes a resolution that the Assembly should go forward and do that, what internal mechanisms then are they referring to? What other internal mechanisms are they referring to?
    Dr Anane 2:55 p.m.
    Mr Speaker, I think the problems that the House noted were with respect to the issue of procurement and that they were bypassing procurement and that sometimes they were even declaring negatives because the Assemblies were not seized with the main facts. So, at the end of the day, when it came to their having to source for their funds from the Common Fund, they were not getting any receipts from the Common Fund. That is how come the Committee thought there was the need to make this recommendation--[Interruption.]
    Dr Prempeh 2:55 p.m.
    Mr Speaker, I think those two bullet points in the recommendation cannot sit in the Report, technically. You cannot in one breath say that you are bypassing procurement, when it is the resolution of the Assemblies.
    Mr Speaker, let us be clear. If Parliament passes a Resolution that the Executive should go and do this, the Executive then goes to do it and they are turning round to say that they are bypassing the Assembly members -- So, I think that maybe, the essence has not
    been well-captured in these two bullet points. Because if the District Chief Executive is the one who introduced it to the Assembly members for the Assembly members to have passed a resolution that go and do this, then what is the oversight we are saying that we have taken away from them?
    So, I think, maybe, the Committee is trying to tell us something, that the District Chief Executives are writing directly to the Common Fund Administrator to procure things without the resolution of the Assembly. But if it comes with the resolution of the Assembly, I doubt whether they would have flouted --
    Mr Speaker 2:55 p.m.
    That is the question I posed. Because if it is the resolution of the Assembly, properly so passed by the same Assembly members, then there is a problem with the internal mechanism that they were talking about.
    Minister for Information and Media Relations (Mr Mahama Ayariga) 2:55 p.m.
    Mr Speaker, before I go back to the original issue which relates to the 20 per cent cap on expenditure on recurrent expenses-- Mr Speaker, on this specific issue, I think there is a question of law, whether or not the resolution of an Assembly can side- step the provisions of the Procurement Act. I think that is fundamentally the issue. There is no way that the resolution of an Assembly can replace the provisions of the Procurement Act.
    If the Assembly passes a resolution to say that you can procure a particular item and then get the payment effected by the Common Fund, you will still have to go through the Procurement Act process of procuring the item but then direct payment would be made or effected from the Office of the Administrator of Common Fund Office. So, that is the proper procedure.
    Dr Anane 3:05 p.m.
    Mr Speaker, if I can still speak with your indulgence, because I was going to make an intervention.
    Mr Speaker 3:05 p.m.
    Under the rules, you can. If you want to explain something -- if you think you have been misunderstood by the point that you have made.
    Dr Anane 3:05 p.m.
    Mr Speaker, my interven- tion is still on what I put across: That is on bullet points 2 and 3. Mr Speaker, if you look at bullet point 2 on page 10 of 11, what it says is that --
    “ The Committee further observed that some Assemblies have resorted to financing projects directly from the Office of the Administrator of Common Fund by issuing letters indicating resolutions taken by the Assemblies concerned, requiring the Fund to make payment for those procurements on their behalf.”
    One would have thought that the resolutions were reflecting procurement done by the Assemblies. If you look at it on the surface, that is how it looks like. At the same time, it also appears that is not so, because if you go to bullet point 3, it states --
    “That this practice, quite apart from preventing Assembly members from exercising full oversight over the nature of such procurement, has also led to some Assemblies registering negative figures when moneys are being transferred to the Assemblies for development.”
    So, what this one is conveying to us is that possibly, no procurement per se was

    done by. But then by virtue of the resolutions or the letters pertaining to be resolutions sent to the Administrator, the Administrator has had to make certain payments. So, we thought there was the need for us to get it streamlined, so that at the end of the day, we all are seen to be going by the rules. That is all what I thought our interventions are about.
    Mr Chireh 3:05 p.m.
    Mr Speaker, the issue of guidelines has been resolved by the contribution that he made. But the issue about the procurement, indeed, if you look at the Procurement Act, it is against article 25(4) of the Constitution. This is because we are saying that we are decentralised and the opening powers we have given to Assemblies are that they are political, executive and they have all the authority. Then you come and create a centralised procurement system, where unelected people decide the procurement.
    So, in one breadth, when we are talking about passing resolution, it is very, very key. Indeed, the procurement processes they were engaged in in the past, was that the DCE could just go and agree with somebody and all they see is that the money is being deducted from their Common Fund.
    When I was Minister for Local Government and Rural Development, I said, “no way, that will not happen”. The Assembly must meet and decide that they want to procure something. Who is to procure it, whether it is a pen they want to buy or a bottle of water they want to buy from Accra, they must pass a resolution and that resolution says that “we have agreed that our money should be deducted”. But as I said earlier, about the 25(4), we are not supposed to be making laws that would further recentralise what we are decentralising.
    The moment you give power to do things, also believe that they can make
    the same mistakes that you at the highest level can make. They must also be deciding. The guidelines have no force. This is because if you stay in an agricultural area that they can only use 20 per cent for agriculture and 50 per cent for electricity or something, you would be ridiculous. That is why we must discourage the whole idea of guidelines or even suggesting things to them.
    The Assemblies must decide what it is. They are capable of doing so; they know what is worrying them. If it is security, they should spend the money to provide security for themselves. If it is electricity they want, they should spend the money as and when they look at the --
    More importantly, we also have the medium-term development plan and every year the District Development Fund's (DDF) Functional and Organisational Assessment Tool (FOAT) is supposed to indicate what their annual budget would contain. So, they take these decisions; they must be seen to be following upon what they themselves have decided and not any other person deciding for them.
    If they go against their own rules in that case, the auditing would be very clear, that they did not follow what they themselves say they would do. That is why we in this House, we have been crying against people who exceed expenditure, who apply funds to where they did not indicate they were going to apply the funds. The same thing must apply in the case of the Distr ict Assemblies. We must allow them the freedom to do what is good for them.
    In any case, all of us are members of the Assemblies; so, make sure we go there and influence them to take good decisions.
    Thank you very much.
    Dr Anane 3:05 p.m.
    That is exactly what I am trying to.
    Mr Speaker 3:05 p.m.
    I am looking at the way it captured and I think I agree with you. Looking at the way we captured items 2 and 3 and then when you look at (c), the way we captured it, it is not clear. The problem is not so much of the resolution. As for the resolution, it involves the Assembly members.
    But what they do by bypassing the procurement processes and writing straight to the Common Fund Administrator, saying that he should pay without complying with the Procurement Act, as the Hon Minister for Information and Media Relations has pointed out, they still have to comply with the process -- So, it is not so much the issue of resolution that they bring to the Common Fund Administrator. That is the point he

    is making, that we should make it very clear on the face of the Report.
    Mr Ayariga 3:05 p.m.
    Mr Speaker, I would wholeheartedly support that essence; we are all Assembly members, even though non-voting members of the Assembly and these issues are real and I think that we should give a clear indication to the Administrator of the Common Fund that payments should be effected at the district level.
    The business of the Common Fund is not to sit there and be effecting payments to persons who supply goods to the Assemblies or helping contractors to collect their money from the central point. I think that the money should actually go to the Assembly and let the Assembly pay you and that reduces -- We are paying them not to effect such transactions.
    We are paying them to administer the Fund, that is, to collect, bring the formula here, get approval and when money comes, they disburse it to the districts and what the districts do with the money, is their responsibility. To now sit there and use additional hours, effecting individual payments for individual supplies, is clearly a misuse of their time and energy.
    I sincerely support this recommen- dation, Mr Speaker.
    Mr Speaker 3:05 p.m.
    I would hear from the Hon Member for Wenchi, then I would hear from the two Leaders and we would see how we can address the concern raised by the Hon Member for Nhyiaeso.
    Prof. George Y. Gyan-Baffour (NPP -- Wenchi) 3:15 p.m.
    Mr Speaker, mine is a bit different from what is being discussed at the moment.
    Mr Speaker, it is well noted by the Hon Member for Garu that there is the need to increase the allocation from 7.5 per cent to 10 per cent. Mr Speaker, we are all interested in actually decentralising our fiscal control of the purse and that is why we want more money to go to the local governments.
    But Mr Speaker, once we start decentralising the fiscal control, we use administrative means of trying to centralise it again. That is why we are seeing that this social intervention programmes are being centralised. They are taken away from that and then centralised. Then, we also have people buying from source and then that is also centralised.
    So, when one looks at this formula, what one sees is that the formula is only applied to about 30 per cent of the allocation to the District Assemblies. We have allowed the Executive to actually bamboozle its way by trying to use the budget to undermine -- which is, of course, an Appropriation law -- the Act that establishes the District Assemblies Common Fund.
    So, my concern is that, probably, what we have to do, is to make sure that we come out with a resolution that would prevent the Hon Minister for Finance or the Executive to really do that in the next budget, otherwise, they would repeat it. Last year, we raised this concern, and they said when it comes to the budget, they would amend it.
    This year, we have raised it and nothing will stop them. What we have done today, we have reduced the allocation that is going to the District Assemblies -- direct ones -- from 400 and something to 395. So, any effort in every direction is actually centralising rather than decentralising. Mr Speaker, I think we have to be very serious
    about this because one cannot use one law to undermine another law, otherwise, one will end up with these Assemblies -- The Administrator, I am sure --
    Mr Speaker 3:15 p.m.
    It is the same law but different sections of the law.
    Prof. Gyan-Baffour 3:15 p.m.
    No!. We are using the Appropriation Act to undermine the Act that establishes the Distr ict Assemblies.
    Mr Speaker 3:15 p.m.
    Then, you are also using your power of approval to undermine further.
    Prof. Gyan-Baffour 3:15 p.m.
    Exactly -- [Laughter.]
    So, Mr Speaker, let us make sure that we subscribe to the original law and not allow that. I agree that, of course, a lot of us are members of the Executive and so, when they go in there, they find it very difficult to do that. But let us use the power behind Parliament to actually tell them that this one is something that is actually palatable for the development of the District Assemblies.
    Mr Ayariga 3:15 p.m.
    Mr Speaker, the Hon Member says that what we have done today further undermines the law, that is, by raising --
    Mr Speaker 3:15 p.m.
    No! The point he is making is that we cannot use the -- By virtue of the Appropriation Act, what we have approved in the Appropriation Act has undermined the making sure that sufficient resources go to the local level. That is the point he is making.
    Mr Ayariga 3:15 p.m.
    But I was just going to draw his attention that at the end of the day, all the Hon Members of Parliament here, Common Fund is going to be spent
    rose
    Mr Speaker 3:15 p.m.
    Hon Member for Wa West, you have already spoken.
    Mr Chireh 3:15 p.m.
    Mr Speaker, I ask your permission to read article 254 that I quoted and to link it to the fact that it is that law -- [An Hon Member: Read.] -- All right, let me read it first. “Further decentralization” that is the title:
    “Parliament shall enact laws and take steps necessary for further decentralization of the adminis- trative functions and projects of the Central Government but shall not exercise any control over the District Assemblies that is incom- patible with their decentralized status, or otherwise contrary to law.”
    The Procurement Act disregarded this article by making District Assemblies, which should be doing their own procurement now subject to other non- elected officials doing the procurement for them. So, we need to change that, so that they will have control over what is
    procured just as we do over the Executive when they take loans to execute projects.
    Mr Speaker 3:15 p.m.
    Hon Members, I think that at this stage, this is a Committee of the Whole Report. I would move to the Leaders, so that we can make progress.
    Hon Minority Leader?
    Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 3:25 p.m.
    Thank you very much, Mr Speaker, for the opportunity to also add my voice in support of the Report from the Committee of the Whole.
    Mr Speaker, I have a few comments. First of all, I think I agree entirely with the recommendations from the Committee of the Whole that the total allocation to the District Assemblies Common Fund should be increased to 10 per cent in order to ensure meaningful growth and development at the local level of governance.
    Mr Speaker, the only caveat that I would add to that, yes, in the same breadth, we must also ensure that we build the capacity to the level of the local government, in particular in the area of financial administration. This is because we do know that the turn of every year the Auditor-General's Reports on the District Assemblies have been most incriminating.
    So much as we urge that in pursuit of local governance, we should increase the allocation to the District Assemblies, we must at the same time also ensure that the capacities of the District Assemblies are sufficiently built, so that moneys that are allocated are not spent in areas and on matters that have little relevance on the growth of the local communities.
    Mr Speaker, I also believe that it is important to reflect on the use of the Fund for recurrent expenditure. Mr Speaker, the Constitution is clear on what to use the Fund for and I believe that article 36 (2) (d) emphasises where the Fund should be applied.
    Mr Speaker, with your indulgence, I would want to quote 3:25 p.m.
    Article 36(2)(d) provides that:
    “(2) The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include --
    (d) undertaking even and balanced development of all regions and every part of each region of Ghana, and, in particular, improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and the urban areas”
    Mr Speaker, I would want to believe that if such moneys end up paying for the sittings of the Assemblies, certainly, it does not advance the course of article 36(2)(d).
    Mr Speaker, I also do know that increasingly, development is becoming demand-centred and consequently governments have to respond to popular requests by communities. So, govern- ments could have policy directives to the District Assemblies by way of ensuring equitable and even development in the country, which in my view, is again, what article 36(2)(d) emphasises, that we should ensure even and equitable development.
    Mr Speaker, but the issue that you have raised relating to the upfront allocations
    of resources, which otherwise should go to the MMDAs into priority intervention programmes, we should be cautious about.
    Yes, I believe that Government intends that we should have even and equitable development in the country, which explains why Government would then issue these policy directives. However, to go further, to go beyond that and appropriate the funds for and on behalf of the MMDAs, would be unacceptable and would go contrary to the tenets of local administration or decentralisation that we have so much been speaking about.
    Mr Speaker, the Constitution again in article 240(2)(a) indicates that we should transfer resources at all times to the local government units, that resources allocated should be transferred at all times to the local government units. If somebody sits down in Accra and determines that it should go into these areas and then appropriates the amounts, again, it offends article 240 (2)(a) as I have indicated.
    Mr Speaker, article 240 (2)(c) says that the resource base should be reliable. We do know that the most reliable resource for the Assemblies is the Common Fund. If you do the allocation of the Common Fund from Accra where they are, then are they supposed to have their resources for the even and equitable development? So, again, if we resort to the PIPs, I am not saying it is not good; it is, indeed, good. But then I believe we should look at other areas, which is what the recommendation contained in item 11(b) is suggesting.
    But I think we should be forthright to say that the PIPs, much as we do agree that they are necessary, Government cannot touch the Common Fund at all. Government should look to, perhaps, procure the amounts from the
    Mr Speaker 3:25 p.m.
    Hon Minority Leader, continue.
    Mr Kyei-Mensah-Bonsu 3:25 p.m.
    Thank you very much.
    So, Mr Speaker, I believe that we agree that we should caution that whereas it would be difficult to amend what has come before us because we have already agreed to the budgetary allocation, we should caution Government, in particular the Hon Ministers for Finance and Local Government and Rural Development, that come next year, we would not allow for any such upward appropriations of the amounts that otherwise, should go to the District Assemblies.
    Mr Speaker, I thank you.
    Minister for Government Business in Parliament/ Majority Leader (Dr Benjamin B. Kunbuor) 3:35 p.m.
    Thank you, Mr Speaker, for giving me the opportunity to make a contribution to this discussion.
    Mr Speaker, I normally get very depressed anytime I hear discussions on decentralisation in this country; depressed for one reason, that those of us who have spent our lives working and researching on decentralised develop- ment in this country, cannot understand why an entire people have inflicted a
    conscious misunderstanding of the essentials of decentralisation in this country and that is leading to legendary implementation gaps.
    Mr Speaker, there are four essential features of Ghana's decentralisation -- the devolution of government machinery, the democratisation of the exercise of power, the transfer of means and competence to the local level and the bottom-up approach to development planning. These are the essentials. Among all these, only one, the transfer of means and competence to the local level, has something to do with the District Assemblies Common Fund.
    So, when we are looking at this formula and we are confusing decentralisation with decentralised activity, then we run into a problem. For instance, the question you may be asking is, do you want to have development activity decentralised or you simply just want to deconcentrate or devolve your administrative structures? That is why the issue of balance and even development that the Hon Minority Leader referred to, which is in the Directive Principles of State Policy, is not an essential element of Ghana's decentra- lisation programme.
    That is simply unequal development and that belongs to a completely different category of development thinking from decentralised development. You can actually have decentralised development that is uneven and unbalanced. So, what is significant is that if you can actually send development activity from a centralised agency across the length and breadth of all the rural countries, you would have been carrying out not decentralisation but decentralised development and let us try and get this distinction very, very clear.
    It is in this sense that when you are looking at the formula and the challenges that are associated with it, like the Hon
    Mr Speaker 3:35 p.m.
    Hon Members, that brings us to the end of the debate.
    Hon First Deputy Speaker, the Hon Member for Nhyiaeso has raised an issue and I totally agree with him because that sentence in (c), we do not know what you are stopping there. So for the avoidance of doubt, he has brought some proposal and I hope you have seen it.
    Mr Barton-Odro 3:35 p.m.
    Mr Speaker, that is so. Accordingly, with your permission, we would like to effect a correction at page 10 of 11, under “Recommendation”, item (c). When you get to the second line, after the word “honour”, we would want to introduce the following:
    “The Committee, therefore, wishes to recommend to the Administrator of Common Fund not to honour requests from the Assembly with
    respect to financing projects directly from the Office of the Administrator”.
    And that ends it. So, the continuation from “such request henceforth” will also be deleted and then we continue from there with:
    “Instead the Assemblies should be made . . .”
    I hope we are clear.
    Mr Speaker, once we are at it, I would like to effect more corrections. One has to do with the “Conclusion” at page 11 of 11. I think it is necessary to effect that correction. With the amounts in words, we have “One billion, one hundred and forty-nine million, two hundred and eighty-seven Ghana cedis” but we should have “thousand” before “Ghana cedis”.
    The word “thousand” is missing before “Ghana cedis”. And at the end of the figure too, I have seen that the practice has been that you leave out the zeros but I thought that at the end of it, you should have the requisite zeros.
    The same applies to page 8 of 11, again, under the heading “Proposed Annual Allocation” we have the same problem to the same figure. At the end of “seven” we should have “thousand” before “Ghana cedis” and also the figure should have three zeros following from there.
    Thank you very much, Mr Speaker, for the opportunity.
    Question put and Motion agreed to.
    Mr Speaker 3:35 p.m.
    The Formula for the approval of the Distric Assemblies Common Fund has accordingly been approved.
    Dr Kunbuor 3:35 p.m.
    Mr Speaker, we did have a discussion on this addendum and if Mr Speaker is obliged to it, we could take it.
    Mr Speaker 3:35 p.m.
    Have you resolved all the issues pertaining to it?
    Mr Speaker 3:35 p.m.
    Very well.
    Have you discussed it with the Hon Minority Leader?
    Dr Kunbuor 3:35 p.m.
    Yes, I did mention it to him that we will be coming with this amendment but we will --
    Mr Speaker 3:35 p.m.
    Very well. Only the two of you will speak and I will put the Question. We did not make any arrangement today for extended Sitting but it is past 3 o'clock and therefore, only the two of you will speak. This is really a caucus issue, so, it should not create any problem; once it is within your caucus, you have resolved the issues.
    Dr Kunbuor 3:35 p.m.
    Mr Speaker, item 1 on the Addendum.
    Mr Speaker 3:35 p.m.
    Hon Members, we are now moving to the Order Paper Addendum.
    Suspension of Standing Order 80 (1)
    Minister for Government Business in Parliament/Majority Leader (Dr Benjamin B. Kunbuor) 3:35 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no Motion shall be debated until at least, forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion to approve the nomination of Hon Joseph Bukari Nikpe and Hon Herod Cobbina to replace Hon Samson Ahi and Hon Ahmed Ibrahim respectively who have both resigned their seats as Members of the ECOWAS Parliament, at the ECOWAS Parliament in accordance with the Protocol relating to the establishment of the ECOWAS Parliament may be moved today.
    Mr Osei Kyei-Mensah-Bonsu 3:45 p.m.
    Mr Speaker, this is procedural, so I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.

    Approval of nomination to ECOWAS Parliament
    Minister for Government Business in Parliament/Majority Leader (Dr Benjamin B. Kunbuor) 3:45 p.m.
    Mr Speaker, I beg to move, that this Honourable House approves the nomination of Hon Joseph Bukar Nikpe and Hon Herod Cobbina to replace Hon Sampson Ahi and Hon Ahmed Ibrahim respectively, who have both resigned their seats as Members of the ECOWAS Parliament, at the ECOWAS Parliament in accordance with the Protocol relating to the establishment of the ECOWAS Parliament.
    Mr Speaker, based on a number of matters that have come before this House, where Hon Sampson Ahi who was before then a Deputy Chief Whip and also a Member of the ECOWAS Parliament was nominated and actually vetted and approved yesterday in this House to be a Deputy Minister of State, automatically throws in a number of reshuffling of the Majority pack of cards for efficient administration and parliamentary activities.
    The consequence that Hon Ahi being in the Executive arm of Government cannot effectively also double as a Legislature in the sub-regional Parliament provides a context for his replacement both as a Deputy Chief Whip and second, as a Member of the ECOWAS Parliament. The consequence of that, Mr Speaker, is that, we would have to make some other re-adjustments in terms of all the

    constitutional and legal balances that are required.

    There are proposals that to the same extent Hon Ibrahim might have to leave his position in the ECOWAS Parliament to enable us properly reconstitute the Leadership of the House. So that is the reason for replacement of the two Hon Members.
    Mr Speaker 3:45 p.m.
    Very well.
    Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 3:45 p.m.
    Mr Speaker, I beg to second the Motion moved by the Hon Majority Leader.
    Mr Speaker, but the Motion indicates that the two Hon Members have resigned their seats as Members of the ECOWAS Parliament and I thought I wanted to be furnished with the evidence to that effect. I do not have it, so I do not know what to speak to.
    Can we have the evidence to that effect, so that it does not appear that something is being foisted on us or a decision is being run down the throat of the two Hon Members? Can we have the evidence first?
    Mr Speaker 3:45 p.m.
    Hon Minority Leader, you may be right to ask for the copy of the resignation letters, but you also know that this is basically a caucus issue and the Hon Majority Leader speaks for the caucus. So, once he is speaking for the caucus that his Members have resigned, I think that we should not question what he is saying.
    So, Hon Member, let us proceed.
    Mr Kyei-Mensah-Bonsu 3:45 p.m.
    Mr Speaker, I am really not questioning or doubting the integrity of the Hon Majority Leader; far it be from me. But Mr Speaker, what is right is right, what is wrong is wrong. Unfortunately, I do not see the Hon
    Sampson Ahi here and I do not know whether he has been elbowed out of the Chamber and that is why I am asking that simple evidence be provided.
    Mr Speaker, I do not know who has engineered the Hon Sampson Ahi out of this Chamber at material time that we are discussing this matter. However, Mr Speaker, I will proceed.
    Mr Speaker, I do know that at the ECOWAS Parliament, the gentleman does not need even to resign his seat. Once you are appointed a Minister, for reasons of incompatibility, you have to abandon that seat. So, once he has accepted to be made a Minister, he cannot any longer continue to serve as an Hon Member of Parliament at the ECOWAS Parliament. Mr Speaker, what I wanted to know is whether the Hon Member -- and unfortunately, he is not here -- whether he has been sworn-in.
    Mr Speaker, in this era of -- To quote the words of the Hon Majority Leader-- “unmitigated reshuffles”; we do not know whether the man can be shuffled out even before being sworn-in. [Laughter.] So, it is important for us to have this registered. Even though I do not think my Friend would suffer that consequence, we are not too sure. These are unpredictable days. Again, if I can be given the assurance from the Leader of Government Business -- [Interruption.]
    rose
    Mr Kyei-Mensah-Bonsu 3:45 p.m.
    It is not to the Minister for Communications or Information and Media Relations or sometimes “misinformation” -- It is to the Leader of Government Business -- [Laughter.] It is the Leader of Government Business who is here with us in the Chamber. Can he assure us that he would soon be sworn -in and if he is sworn-in, he would not be immediately reshuffled out?
    Mr Speaker 3:45 p.m.
    He wants an assurance.
    Dr Kunbuor 3:45 p.m.
    Mr Speaker, the assu- rance will be that, I remember vividly that, an Hon Minister was actually removed in a previous government and the official statement was that he resigned. When the Hon Minister was contacted on the media, he said, “I was resigned” [Laughter.] So, the issue of resignation can mean that you either resign or you are resigned. [Laughter.]
    I also do know that, the assurance that I can give, which Hon Ahi can agree with me, is that the day one hears his or her name as having been appointed a Minister and the day he or she swears-in and is given a letter of appointment, that looks like a day of arrival but it is actually a day of departure. So, from that very day that one gets his letter of appointment, he should start packing his bag because the next logical step is that one would leave.
    Mr Kyei-Mensah-Bonsu 3:45 p.m.
    Mr Speaker, we will leave that concluding remark to the Committee or perhaps, a Commission of five wise men. They will advise. [Laughter.]
    Mr Speaker, on that note, I beg to second the Motion.
    Mr Speaker 3:45 p.m.
    Hon Members, as I indicated earlier, I will put the Question. My information is that the Members of the ECOWAS Parliament who will be going will be meeting in May, and since the House will not be here in May when they
    meet, it is important that this matter is taken before we rise today, that is why we are taking it.
    Question put and Motion agreed to.
    RESOLUTIONS 3:45 p.m.
    Minister for Government Business in Parliament/Majority Leader (Dr Benjamin B. Kunbuor) 3:45 p.m.
    Mr Speaker, I beg to move, that
    WHEREAS under article 5 of the Protocol relating to the Community Parliament of ECOWAS, a total of eight (8) seats have been allotted to the Parliament of Ghana out of a total of one hundred and twenty (120) seats for the entire sixteen (16) Member ECOWAS Community;
    UNDER subclause (ii) of clause 1 of article 7 of the said Protocol, elected Representatives to the Community Parliament of ECOWAS shall be drawn from the National Assemblies of member States or their equivalent institutions or organs which shall elect such Members from among themselves;
    UNDER the said Protocol and the Rules of Procedure of the ECOWAS Parliament a Member appointed to carry out executive function in a Member State should resign as a Member.
    NOW THEREFORE this Honourable House resolves that Hon Joseph Bukari Nikpe and Hon Herod Cobbina replace Hon Sampson Ahi and Hon Ahmed Ibrahim respectively who have both
    resigned their seats as Members of the ECOWAS Parliament, at the ECOWAS Parliament in accordance with the said Protocol and the Rules of Procedure.
    Mr Osei Kyei-Mensah-Bonsu 3:45 p.m.
    Mr Speaker, I do not want to believe that these are going to be initial hiccups that would be afflicting my good Friend the Hon Sampson Ahi. But I will second the Motion --
    Mr Speaker 3:45 p.m.
    Hon Member, why is it that all of a sudden, you have taken special interest in Hon Sampson Ahi?
    Mr Kyei-Mensah-Bonsu 3:45 p.m.
    Mr Speaker, that is because for a very long time, I have lived, experienced and witnessed his predicament. So, I was happy for him but I am not too sure of his fate. Now that, the Hon Majority Leader is saying that, yes, he can vouch for his appointment, but as for the termination of his appointment, he cannot say anything about it--
    Well, Mr Speaker, grudgely, I will second the Motion for the adoption of this Resolution.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 3:55 p.m.
    The Resolution is accordingly adopted, therefore, the two Hon Members mentioned in the Reso-

    lution are to represent Parliament, therefore, the people of Ghana in the ECOWAS Parliament.

    Hon Members, that brings us to the end of the business for this short Meeting.

    Hon Minority Leader, do you have anything to say before I adjourn the House?
    Mr Kyei-Mensah-Bonsu 3:55 p.m.
    Mr Speaker, nothing useful.
    Dr Kunbuor 3:55 p.m.
    Mr Speaker, we have taken note of the time and the patience of Hon Members. So, we would have a very short brief caucus meeting after we rise.
    Mr Speaker 3:55 p.m.
    Very well.
    Hon Members, I just want to thank all of you, my two Deputies, the Leadership of the House, the Clerk and his staff, the Parliamentary Press Corps for responding to duty at a short notice. I pray to the Almighty God to grant all of you travelling mercies and shield you all till we meet again very soon.
    Hon Members, on that note, the House is adjourned sine die.
    ADJOURNMENT 3:55 p.m.