Debates of 18 Jun 2013

MR SPEAKER
PRAYERS 10:20 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:20 a.m.

Mr Speaker 10:20 a.m.
Hon Members, Correc- tion of the Votes and Proceedings of Friday, 14th June, 2013.
Page 1…11 --
Mr Fritz F. Baffour 10:20 a.m.
Mr Speaker, I was present at the Committee on Com- munications meeting but my name is not there. I think Hon Albert Abongo too was there. I was there with other Hon Members. So, if they can --
Mr Speaker 10:20 a.m.
Page 12…13 --
Dr Matthew O. Prempeh 10:20 a.m.
Mr Speaker, this is not directly related to page 13. But Mr Speaker --
Mr Speaker 10:20 a.m.
We are effecting correction of the Votes and Proceedings, so, which page? I want to be on the same page with you, so, mention the page.
Dr Prempeh 10:20 a.m.
Mr Speaker, page 12.
Mr Speaker 10:20 a.m.
Very well.
Dr Prempeh 10:20 a.m.
Mr Speaker, why I am asking about Committee on Defence and Interior is that, when these committees meet, we do not seem to have a supple-

mentary Hansard to find out what they really deliberate on. But they come in the Votes and Proceedings which reflect in the Official Report. We seem to capture it in our Votes and Proceedings and it stays there and no reflection or summary happens in the Official Report.

But committee meetings are a very essential part of the duty of Parliament and I would want you to really outline what is happening. This is because I do not seem to-- We seem to have some reports from certain committees that come, but others --
Mr Speaker 10:20 a.m.
Hon Member, that is not correction of Votes and Proceedings. You want us to take a look at our Standing Orders, so that there could be a link between what the committees do and the report in the Official Report. But that is a different matter.
Alhaji Amadu B. Sorogho 10:20 a.m.
Mr Speaker, I am sorry to take you back. I have been recorded at page 7 as being absent. I was here in the Chamber and so, if the correction can be made.
Mr Speaker 10:20 a.m.
Very well.
Page 14 --

Hon Members, the Votes and Proceedings of Friday, 14th June, 2013 as corrected, are hereby adopted as the true record of proceedings.
  • [No correction was made to the Official Report of Thursday, 13th June, 2013]
  • ANNOUNCEMENTS 10:20 a.m.

    Mr Speaker 10:20 a.m.
    Hon Members, it may be recalled that on Friday, 14th June, 2013, when we moved the Motion and the consequential Resolution on the Stamp Duty, I made a consequential order or directive that the Ghana Revenue Authority (GRA), through the Minister for Finance, should furnish the Office of the Clerk to Parliament by the close of day today, on the correct interim assessment.
    I would want to inform you that they have done that; they have done the appropriate interim assessment. A letter from the Domestic Tax Revenue Division of the Ghana Revenue Authority (GRA) dated 6th June, 2013, came to us with a covering letter from the Ministry of Finance, signed for and on behalf of the Hon Minister by the Hon Deputy Minister.
    Therefore, I would want to inform you that they have complied with the directive that I gave in respect of the error that was made with the interim assessment from the GRA in relation to the Stamp Duty for the cocoa purchase for the 2012/2013 season.
    Dr Prempeh 10:20 a.m.
    Mr Speaker, it is very good that GRA has followed your instruction. But, my issue is, what do we do with it? Do we --
    Mr Speaker 10:20 a.m.
    Hon Member, that is the essence of the Committee. The Committee is supposed to detect errors coming from the --
    Dr Prempeh 10:20 a.m.
    No! Mr Speaker, that is not my question. My question is that the new letter --
    Mr Speaker 10:20 a.m.
    So, this means that we did our work here very well. It also means that the Committee of the House has done its work well. However, I made an order for the records, so that nobody goes to treat it in their books as “US$150 million”.
    Dr Prempeh 10:20 a.m.
    Whether that record would reflect, that is my question.
    Mr Speaker 10:20 a.m.
    Absolutely. That is why I am reading it into the Hansard. This letter would also be on their file so that it corrects the wrong information that was transmitted to this House.
    Mr Osei Kyei-Mensah-Bonsu 10:20 a.m.
    Mr Speaker, I think the proper thing has now been done, according to the letter that you have read to us. But I think, for the avoidance of doubt, we would still have to refer that letter to the Finance Committee in order for them to be assured of the reconciliation that they have made. This is because if it remains in the custody of the Speaker -- I am not doubting the integrity of the Chair at all, but I am saying that, so that we would all be assured.
    Mr Speaker 10:20 a.m.
    I think that you have a point there. But what I suggest we should do is to have it duly laid and distributed to Hon Members.
    Mr Kyei-Mensah-Bonsu 10:20 a.m.
    Absolutely.
    Mr Speaker 10:20 a.m.
    There should be no referral. This is because we know that it is one per cent and we know the amount involved is US$1.5 billion. So, I would let it be laid and distributed to Hon Members for their information and for the records.
    Mr Kyei-Mensah-Bonsu 10:20 a.m.
    Mr Speaker, since it is a document meant for the House, certainly, when I even spoke about the referral, the first aspect would definitely mean having it laid, so that the House would take possession of it and then thereafter, as I said, just so that the Committee would be assured and everything would be all right.
    But Mr Speaker, I notice that you said the letter is dated 6th June, 2013.
    Mr Speaker 10:30 a.m.
    Yes. The letter from the GRA is dated 6th June, 2013, signed by Comfort Boahene Osafo (Mrs), Commissioner, Domestic Tax Revenue Division. But the letter from the Ministry of Finance is dated 18th June, 2013.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    18th June?
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    That is yesterday?
    Mr Speaker 10:30 a.m.
    That is today.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    That is today?
    Mr Speaker 10:30 a.m.
    Yes. It was delivered to me this morning after you left the Lobby.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    I see.
    Mr Speaker 10:30 a.m.
    I thought I should inform the House.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    Mr Speaker, one can notice the alacrity of the dispatch --18th June, 2013 dated, and 18th June, reaching here.
    Mr Speaker 10:30 a.m.
    In fact, in my order, I gave them today. I told them that by the close of day today, they should submit it to the Office of the Clerk to Parliament. Actually, in my directive, I gave them today.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    Mr Speaker, I just wanted to address the issue of the date of the referral; the date of the issue that you raised, the directive from you.
    Mr Speaker 10:30 a.m.
    Yes. It was last Friday.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    It was before 6th --
    Mr Speaker 10:30 a.m.
    It was last Friday.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    It was Friday?
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    Which then should suggest that, perhaps,they themselves might have realised the mistake -- GRA I mean, and then directed the communication to the Ministry of Finance. It appears that they came before the directive.
    Mr Speaker 10:30 a.m.
    Well, that is one of the options but let me hear from the Hon Member for Sekondi.
    Papa Owusu-Ankomah 10:30 a.m.
    Thank you very much, Mr Speaker.
    This is just to assist the House. This letter was brought to the Committee, the letter correcting --
    Mr Speaker 10:30 a.m.
    Which letter? There are two letters. The 6th June, 2013 one?
    Papa Owusu-Ankomah 10:30 a.m.
    The letter from
    GRA.
    Mr Speaker 10:30 a.m.
    Yes.
    Papa Owusu-Ankomah 10:30 a.m.
    Mr Speaker, the letter from GRA was brought to the attention of the Committee by the Hon Deputy Minister for Finance during the consideration of the referral by the House to the Committee. This letter was formally brought to the attention of the Committee and it is one of the issues that we raised, that if it is meant to correct, then it cannot be for the information of the Committee; it must be for the information of the House.
    Mr Speaker 10:30 a.m.
    But this issue was not canvassed on the floor of the House last Friday?
    Papa Owusu-Ankomah 10:30 a.m.
    Yes, that is the point I am making.
    Mr Speaker 10:30 a.m.
    It was not canvassed on the floor of the House but it is a very useful information. We thought that it should. This has been canvassed on the floor of the House last Friday when we were debating this matter.
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    Mr Speaker, this lies at the bottom of the issue that I raised. This is because, I noticed therefore, that if it had come to the floor, at least, the contents of that letter would have saved this House from the kind of debate --
    Mr Speaker 10:30 a.m.
    In fact, I might not have made those directives. I would not have said that they should --
    Mr Kyei-Mensah-Bonsu 10:30 a.m.
    Absolutely. The Committee itself ought to have also captured that, in that bold way, in its own Report.
    Mr Speaker 10:30 a.m.
    Yes, I agree with you.
    Mr Kyei-Menash-Bonsu 10:30 a.m.
    It would have saved the situation.
    Mr Speaker 10:30 a.m.
    Yes. So, in view of this information provided by the Hon Member for Sekondi, there is no need for any referral. I have duly informed the House. But we would have it laid for the information of all Hon Members of the House.
    Mr Alfred K. Agbesi 10:30 a.m.
    Mr Speaker, I think that what has gone on with respect to this matter, we need to commend your Finance Committee. Your Committee went deeply into this matter and unearthed this mistake. I think that we have to commend it. Once in a while, we have to commend it for doing a good job.
    Mr Speaker 10:30 a.m.
    Hon Member, I did that last Friday. I commended the Committee last Friday. Those who think that we are not working here or the committees are not working, this is a very good example to show that the House is working.
    Hon Members, we are on Statements. I have admitted a number of Statements. I would try and operate within the one hour under our Standing Orders.
    The first Statement stands in the name of the Hon Member for Tema East.
    Hon Member, you have the floor.
    STATEMENTS 10:30 a.m.

    Minister for Energy and Petroleum (Mr Emmanuel Armah-Kofi Buah)(MP) 10:30 a.m.
    Mr Speaker, let me thank the Hon Member for the Statement on the premix fuel for our fishermen.
    Mr Speaker, the points that were made about the landing beach committees, especially the history of the establishment of those landing beaches, are very important.
    The landing beach committees came into being because there were a lot of problems with how premix fuel was handled in the various coastal communities and there was the need to have organised committees and also empower the fishermen to be able to get the product. Also, it was to make sure that when any profit is made, it is used for community development. I am happy that in the Tema area, the Hon Member talked about the construction of accommodation and the purchase of a tanker for the fishermen in that area.
    Mr Speaker, I think the Hon Member also mentioned the challenges of the community, that is, the inability of the fishermen to get enough products and the challenges of distribution. These were all issues that brought us into ensuring that there was colourisation of the premix product, so that people were not able to divert the product that was meant for fishermen. As I speak, the product is subsidised by almost over 70 per cent by the Government of Ghana and it is very important that we continue to do that.
    We had a meeting, just last week, with the Premix Fuel Committee, to ensure that in this farming season, there is enough product for fishermen. We are working with the Tema Oil Refinery (TOR) and some other oil marketing companies (OMCs) to ensure that enough of the product will be available for the fishermen.
    Indeed, the role of fishermen and the need to ensure that there is enough of the premix product for their activities cannot be overemphasised.
    I would want to thank the Hon Member, that the issues that have been raised are so important. We are doing everything to ensure that we minimise the incidence of smuggling, and to make sure that those who divert the product are brought to book and punished severely.
    I would want to thank the Hon Member for the Statement.
    Thank you, Mr Speaker.
    Mr Speaker 10:30 a.m.
    Hon Members, we move to the second Statement, which stands in the name of the Hon Member of Parliament for Ledzokuku Constituency and Deputy Minister for Gender, Children and Social Protection.
    Commemoration of the Day of the African Child
    Deputy Minister for Gender, Children and Social Protection (Mrs Benita Sena Okity-Duah) (MP): Mr Speaker, it was on the morning of 16m June, 1976, an estimated 10,000 school children had gathered at the Orlando Stadium, Soweto, South Africa, to protest against an apartheid-inspired education in their country.
    These unarmed and poor children were brutally and deadly attacked by Police officials, and that left in its wake, an estimated 176 children losing their lives and thousands getting wounded. The world has come to know this as the “Soweto Uprising”.
    Mr Speaker, the Day of the African Child has been set aside by the African Union and its partners since 1991, to firstly recall this dark day in the history of the African child. It is also a day for all
    Mr Patrick Y. Boamah (NPP -- Okaikoi Central) 10:50 a.m.
    Thank you very much,
    Mr Speaker.
    Mr Speaker, I rise to associate --
    Mr Speaker 10:50 a.m.
    Is that Hon Boamah?
    Mr Boamah 10:50 a.m.
    That is so, Mr Speaker.
    Mr Speaker 10:50 a.m.
    Very well.
    Mr Boamah 10:50 a.m.
    Mr Speaker, I rise to associate myself with the Statement made by the Hon Member for Ledzokuku.
    Mr Speaker, I was of the view that she was going to give us a good report on what her Ministry has been able to do with regard to children and social protection.
    Mr Speaker --
    Mr Speaker 10:50 a.m.
    Hon Member, you know this is a Statement she made in her capacity as a Member of Parliament?
    Mr Boamah 10:50 a.m.
    Thank you very much, Mr Speaker.
    Children and social protection are very important subject in this country. I believe the Hon Member mentioned a lot of legislations that have been passed by this Honourable House, which are all geared towards the protection of the child.
    I believe it is time for the Ministry to bring back to this floor, the Children's Act of 1998 for a total review. All the issues that the Hon Member raised have serious consequences for the total wellbeing of the child and towards the growth and development of this country.
    Mr Speaker, the consent age for a child, for sex, has become so topical that the Ministry has to bring that legislation back to the floor of this Parliament for it to be debated upon. It now stands at 16 years

    and there is a debate whether to increase or raise it from 16 to 18 years.

    Child labour, child trafficking, and other legislations have to be re-looked at, especially where modern technologies are being adopted to go round this menace.

    Mr Speaker, with these few words, I support the Statement on the floor.
    Mr Joseph Y. Chireh (NDC -- Wa West) 10:50 a.m.
    Mr Speaker, I am very grateful for this opportunity to commend the Hon Member for Ledzokuku for making this important Statement.
    If you look at the theme for the celebration of the Day of the African Child, it is very apt. We should stop bad cultural practices.
    One of them is our disregard for the sexual rights of the girl-child. As they write the Basic Education Certificate Examination (BECE), which started yesterday, many of them are out of the examination room because they are pregnant. [Interruption.] The evidence is available. Indeed, the newspapers have reported, the media houses have reported; in some cases, out of shame, they do not enter the examination hall.
    Of course, there is also a regulation by the Ghana Education Service (GES), which requires that such children should stay out of the examination room. Now, it has been amended but not publicised enough for this to happen. This is one thing.
    The other concern I have, is that, some of the Parent/Teacher Associations (PTA) are complicit in ensuring that people who impregnate these young children are not punished. Indeed, they have an arrange- ment. Where the law should be strictly enforced, they set off, agree among themselves, and take some money.
    I believe that it is one of the things that the Ghana Education Service, together with the Ministry of Gender, Children and Social Protection, should take up, so that the girl-child would be given adequate security.
    As for the marriages, you know that we read almost everyday about children being married off even under the age of 16 years. Now, it is terrible. We need to do something about it and I recommend that when such persons are identified, the law should be applied strictly.
    In this whole fight, we have so many groups, including the Child Rights International, which have played a yeoman's role in ensuring that awareness is created. Let us commend them.
    I believe that the call for us to review all the laws relating to children cannot be made any more important than now, for us to make sure that the African child, the Ghanaian child, is protected from bad cultural practices. Any other practice that we know, which is not good, and we have mentioned a number of them -- Trokosi has been legislated against and yet in some places, it is still being practised. These are things that must be coming up all the time for us to be able to deal with them.
    As for the female genital mutilation, it has also been hidden in the various corners of our shanty towns, the ghettos and also the rural areas. Again, all of us have a responsibility as Hon Members of this august House to bring out all these for them to be addressed.
    Mr Speaker, I thank you and commend the Hon Member who made the Statement on this occasion.
    Mr Joseph B. A. Danquah (NPP -- Abuakwa North) 10:50 a.m.
    Mr Speaker, I would want to commend our Hon Colleague for making such an important Statement about the African child.
    Mr Speaker, it is very important that we talk about the cultural practices and to ask for those that are inimical to the development and the protection of the Afrian child to be expunged from our cultural practices and laws. It might interest you to know that these so-called cultural practices and rights only affect women and girls and very few of our men and the boys. So, I am made to believe that these rights or so-called cultural practices are very discriminatory and actually should not exist at all.
    rose
    Mr Speaker 10:50 a.m.
    Hon Member, do you have a point of order?
    Mr Owusu-Bio 10:50 a.m.
    Yes, Mr Speaker.
    Mr Speaker 10:50 a.m.
    What is your point of order?
    Mr Owusu-Bio 10:50 a.m.
    Mr Speaker, it is on misinformation from the Hon Member.
    Mr Speaker 10:50 a.m.
    What did the Hon Member say?
    Mr Owusu-Bio 10:50 a.m.
    Mr Speaker, it has got to do with the fact that he said only females suffer genital mutilation. We all know this is not true. Males also go through genital mutilation -- [Laughter.] Circumcision is genital mutilation because God did not create us that way.
    Mr Danquah 11 a.m.
    Mr Speaker, I did not say that.
    Mr Speaker 11 a.m.
    Hon Member, what did you say?
    Mr Danquah 11 a.m.
    Mr Speaker, I never mentioned anything about female genital mutilation; I did not say anything of that nature.
    What I said was that the cultural practices affect only females and girls and it is very discriminatory That is what I said.
    .
    Mr Speaker, in going forward, I would
    want to make it very clear to Hon Members here that, to have protection and development for the child, you need funding also. “Mpanyinfo ka asem bi se, ‘adehwehwam yede sika na eye.'” If you do not have money and there is no funding, you cannot really bring the care, protection and development for the child.
    Therefore, I think it is time that we created what we call the the Orphan and Vulnerable Children's Fund (OVC Fund) -- and it should be statutory, so that truly, our Ministry for Gender, Children and Social Protection will have the means and ability to fight any canker that affects the child and the rights of the child.
    Mr Speaker, with these few words, I support the Statement.
    Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 11 a.m.
    Mr Speaker, I also rise to associate myself with the Statement and to congratulate my Hon Colleague from Ledzokuku for the Statement.
    Mr Speaker, this Statement is a very important one. Children are a very, very important component of our society. This is because they represent our future and,
    rose
    Alhaji Muntaka 11 a.m.
    So that the Ministry of Education and the Ghana Education Service --
    Mr Speaker 11 a.m.
    Hon Member for Manhyia South, are you on a point of order?
    Dr Prempeh 11 a.m.
    Yes Mr Speaker.
    I wonder where the Hon Majority Chief Whip got the information that when a person fails BECE, that is the end of him or her. I thought, obviously, Mr Speaker,
    that is why certain people introduced free education and you said you did not want it -- [Interruption] -- Mr Speaker, he is now standing in this House and saying that we should do something about that education; we should remove it. This is incongruous -- [Interruption.]
    Mr Speaker, my second point, a more important point --
    Mr Speaker 11 a.m.
    Hon Member, so you know that the first one was not a point of order?
    Dr Prempeh 11 a.m.
    Mr Speaker, the second point is that, we seem to all remember vividly what happened in Soweto, South Africa in 1976 and we should never forget it. Mr Speaker, but precisely, worse things happened to African children under African Governments in Central Africa under the regime of Jean-Bedel Bokassa, which was even worse than a black man killing a lot of white children. So, Mr Speaker, our sense of history should not be only what the white man did against us, but what we do against ourselves --
    Mr Speaker 11 a.m.
    Hon Member, that is not a point of order.
    Alhaji Muntaka 11 a.m.
    Mr Speaker, maybe, to make it more explicit, once you write the Basic Education Certificate Examina- tion, West African Examinations Council (WAEC) does not accept a situation where you would re-write; that is what I am talking about. It is not like the SHS and the other levels and I thought that at that basic level, it was important that we created an opportunity for people to be able to write again. That is what I said. And I hope that the Ministry of Gender, Children and Social Protection would take it up with the Ministry of Education.
    Lastly Mr Speaker, when a girl-child gets pregnant, even at the senior high school level, she is withdrawn from school. In many instances, she is portrayed as a terrible example and she is condemned to her fate. Meanwhile, the boy who might have impregnated her is also in the same school. He goes scot-free. Mr Speaker, I think that the Ministry must take this thing up.
    We are not in any way encouraging a situation where children at the junior high school (JHS) or senior high school (SHS) get pregnant. The fact of the matter is that, yes, people make mistakes in their lives, but they should be given an opportunity to correct the mess they might have created, not to say that they are not given an opportunity to go to school.
    Mr Speaker, this reminds me of what I have seen in the Children's Act, where you have a law that says that a child at 14 years could have sex but can only get married at 18 years. I think that there is some inconsistency. We need to look at it critically in our law, that you give the person the right to have sex at 14 yeares but can only marry at 18 years. I think that the best we can do for ourselves and our children is to put the two together, so that you can only have sex and also marry at 18 years but not below 18 years --have sex at 14 years.
    Dr A. A. Osei 11 a.m.
    Mr Speaker, on a point of order.
    Mr Speaker, the Hon Member for Asawase, my good Friend and Colleague -- I would want to find out if he is speaking from empirical evidence. This is because the way he seems to be giving the details, I am wondering --
    Mr Speaker 11 a.m.
    Hon Member for Old Tafo, you are out of order.
    Alhaji Muntaka 11 a.m.
    Thank you, Mr Speaker, for ruling him out of order.
    Mr Speaker, I thank you very much and I thank the Hon Member who made the Statement.
    Mr Speaker 11 a.m.
    Hon Members, the last comment.
    Hon Gifty Kusi --
    Mrs Gifty Eugenia Kusi (NPP -- Tarkwa-Nsuaem) 11:10 a.m.
    Thank you, Mr Speaker, for the opportunity to contribute to the Statement ably made by the Hon Member for Ledzokuku.
    Mr Speaker, today is the African Child's Day and I am really happy for the comments made by the Hon Majority Chief Whip on the issue of girl-children who are sent out of the examination hall because they are pregnant and the men who made them pregnant are left to enjoy their lives-- not even to know what has happened to their girlfriends.
    Mr Speaker, it is cheating and I would want to add my voice to that of my Hon Colleague who says that this thing should be looked into. The Ministry of Education should really look into this issue, because it takes two to get pregnant. But the other one is always often left off the hook for them to do whatever they want to do. Mr Speaker, the two should be punished together.
    Mr Speaker, the Children's Act stipulates that --
    “Every child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents.”
    Mr Speaker 11:10 a.m.
    Hon Member, continue.
    Mrs Kusi 11:10 a.m.
    Thank you, Mr Speaker.
    Mr Speaker, I am not referring to any responsible man; I am talking about those who are not responsible. But where is the child? That is my question. Where is the child that you gave birth to?
    Mr Speaker, some of our men should know that since they have the privilege of getting a woman pregnant, they have that privilege of being responsible to look after that child. Do not leave the child to the woman to look after. Women are so burdened with this problem that if you look at the history of children who go out of the way -- wayward children, you
    would find that their fathers are nowhere to be found. Go and look for that child that you brought into this world and look after that child.
    Mr Speaker, with these few words, I thank you.
    Mr Speaker 11:10 a.m.
    Hon Members, that brings us to the end of Statements for today.
    At the Commencement of Public Business, item number 4 on the Order Paper.
    PAPERS 11:10 a.m.

    BILLS -- SECOND READING 11:10 a.m.

    Minister for Trade and Industry (Mr Haruna Iddrisu) (MP) 11:10 a.m.
    Mr Speaker, I beg to move, that the Ghana Investment Promotion Bill, 2013, be now read a Second time.
    In doing so, Mr Speaker, the object of the Bill is to revise the law relating to investment promotion and to establish the Ghana Investment Promotion Centre as the government agency responsible for the encouragement and promotion of investment and for creating a congenial environment for investment in Ghana.
    Mr Speaker, today, foreign direct investment (FDI) plays a significant role in the development of transition economies. And having attained low middle income status, transiting to upper middle income, we would need to position Ghana as an attractive investment destination in order to have foreign direct investment in our country.
    Mr Speaker, today, foreign direct investment accounts for about 11 per cent of global Growth Domestic Product (GDP) and 80 million of global employment or jobs.
    Mr Speaker, in revising the legislation, it is important for me to emphasise that the Ghana Investment Act (Act 478) having been in operation for two decades, there has been some significant economic and investment developments which have necessitated a review of the legislation, so that we respond to some shortcomings in order that we would position Ghana, not just as the destination to do business, but the hub for business in West Africa.
    In order for us to respond to the growing drive to create more employment opportunities, Mr Speaker, let me emphasise that the revised Bill will also provide opportunities for strategic investments in order that we would attract foreign direct investment, largely in the area of exports and particularly, manufacturing to be able to create more job opportunities for our teeming youth and for foreign direct investment to up our manufacturing sector to make good contributions to our GDP.
    Mr Speaker, a section of this Bill also deals with enterprises that would be reserved for Ghanaians. Mr Speaker, we need to take our own indigenous Ghanaian businesses. Government has been working closely with the Ghana
    Union of Traders Association (GUTA) in order that petty trading and other activities such as the running of a hair dressing salon, printing of mobile scratch cards, running of taxi cabs and other related businesses can be restricted solely for Ghanaian businesses to take, in order that we would deal decisively through this legislation with the influx and erosion of our petty trading regime or retail market by foreign traders.
    Mr Speaker, it is important that every investor seeking to do business in Ghana is prepared to register with our tax authorities, make legitimate payments of tax obligations and it would be required that they register under this revised legislation with the Ghana Investment Promotion Centre.
    Mr Speaker, in moving this Motion, let me also state that Ghana must take advantage of its unique feature as an oasis of peace. We have since 1993 stabilised our country and through policy and legislation, we need to make Ghana an attractive destination for business. Under this revised legislation, Mr Speaker, some strategic incentives such as support for land acquisition and some other tax breaks or tax incentives would be provided for investors who would want to do business in Ghana.
    The Bill also provides for joint venture, which encourages that at least, for some foreign enterprises, they would be required to reserve 30 per cent for Ghanaian enterprises to partner them and they are not allowed to transfer that equity to a foreigner, but to a Ghanaian.
    The Bill also provides, as I indicated earlier, Mr Speaker, some benefits and incentives. And in consultation with the Ghana Revenue Authority, some exemptions would be granted.
    Minister for Trade and Industry (Mr Haruna Iddrisu) (MP) 11:10 a.m.
    Mr Speaker, I am reliably informed that
    foreign direct investments in Ghana in 2011 accounted for some US$6.82 billion, it declined to US$4.9 billion. It raises questions that we need to do better and we must bear in mind that Ghana is not the only country in search for foreign direct investment. We will have to make our country more competitive by reducing the cost of doing business; for instance, the clearance of goods and services at the port must be done at a much faster rate.
    Mr Speaker, the Bill also provides for a one-stop shop, which is reflected in a technical committee comprising of the Ministry of Finance, the Ghana Revenue Authority, Bank of Ghana, Environmental Protection Agency (EPA) and others. The idea is that Mr Speaker, any investor coming into the country must be able to register his business within the shortest possible time.
    Under the revised process of getting our Registrar-General Department go through an information technology (IT) and electronic database, they will liaise with Ghana Investment Promotion Centre in order to ease the cost of doing business.
    Mr Speaker, I, therefore, urge Hon Colleagues to examine the revised Ghana Investment Promotion Centre Bill. It embraces other sectors of our economy including mining and petroleum which hitherto was not contemplated under Act
    478.
    Mr Speaker, developments under the small scale mining sector of our country gives impetus why this particular legislation must be supported. Under Ghanaian law, small scale mining is restricted solely for Ghanaians. We therefore, must be asking ourselves how come foreigners have invaded our small scale mining industry.
    It means, Mr Speaker, there are lapses, even in terms of our immigration and the policing of our borders. How do they obtain entry permits in order to be able to do business in Ghana? Are they registered

    with our tax authorities in order to be able to do business?

    Mr Speaker, all these will be examined under it and the Ghana Investment Promotion Centre will be positioned under this revised legislation to promote, encourage and attract the needed foreign direct investment for our country.

    Mr Speaker, let me conclude that recently, when His Excellency the President paid a visit to the United Kingdom and Japan, we noticed the challenge to much of our investment drive. Let us not limit ourselves only to foreign investment. There are enormous potential for local investment and Government must support the private sector and forge a new partnership, so that we will be able to participate, not just in employment creation, but to up our production capacity.

    Mr Speaker, let me conclude by saying that we are fortunate to have a country which has become an oasis of peace and political stability. All we need is policy and legislation and assurance to foreign direct investment of the security of their investment. There is good enough law in Ghana against expropriation that any investor investing in Ghana is assured of repatriating his profit.

    We will, as part of the incentives, also give immigration quota in terms of the numbers who are permitted in Ghana.

    Mr Speaker, we would support indigenous Ghanaian enterprises through the promotion of joint ventureship, at least, reserving 30 per cent for them.

    Mr Speaker, the Bill expressly provides for wholly owned Ghanaian enterprises to register with the Centre after their incorporation.

    With these comments, I beg to move.

    I thank you for the opportunity.

    Question proposed.
    Chairman of the Committee (Alhaji Amadu B. Sorogho) 11:20 a.m.
    Mr Speaker, I rise to support the Motion ably moved by the Hon Minister for Trade and Industry. And in so doing, present your Committee's Report.
    Introduction
    The Ghana Investment Promotion Centre Bill, 2013 was presented and read the First time in the House on Thursday, 14thMarch, 2013 and referred to the Committee on Trade, Industry and Tourism for consideration and report in accordance with Order 159 of the Standing Orders of the House.
    Pursuant to the referral, the Committee requested and received memoranda from the public and other interest groups.
    The Committee met with the Minister for Trade and Industry Hon Haruna Iddrisu and his team of officials, the Chief Executive Officer of the Ghana Investment Promotion Centre (GIPC), Mrs Mawuena Trebarh and her team of officials, the Commissioner-General, Mr George Blankson and officials from Ghana Revenue Authority (GRA).
    Some members of the Ghana Union of Traders Association (GUTA), led by their President, Mr G.. K. Ofori, the executives of the Association of Pharmaceutical Business Executives of Ghana (APBEG), and the Attorney-General's Department were also present during the consideration of the Bill.
    The Committee is grateful to all members who attended upon it for the immense support provided during the consideration of the Bill.
    References
    In examining the Bill, the Committee referred to and was guided by the following:
    The 1992 Constitution of the Republic of Ghana.
    The Standing Orders of the Parlia- ment of Ghana.
    Ghana Investment Promotion Centre Act, 1994 (Act 478).
    Ghana Revenue Authority Act, 2009 (Act 791).
    Background
    The economic and investment climate which existed when the GIPC Act (478) was enacted has undergone major changes, making the Act obsolete. Recent developments have also high- lighted shortcomings in the Act and have provided a new policy focus.
    There is, therefore, an urgent need to provide incentives to attract and retain strategic investors to make Ghana a competitive investment destination and to also provide Ghanaians with opportunities to take advantage of the prevailing economic conditions in the country.
    Purpose of the Bill
    The Bill seeks to revise the law relating to investment promotion and to establish the Ghana Investment Promotion Centre (GIPC) as the government agency responsible for the encouragement and promotion of investments and for creating a congenial environment for investments in Ghana.
    Government therefore wants to commit itself through this Bill to empower Ghanaian-owned enterprises. Provision has therefore, been made to expand the list of businesses reserved exclusively for Ghanaians.
    Chairman of the Committee (Alhaji Amadu B. Sorogho) 11:20 a.m.


    Notwithstanding section 27 (1) (b), a person who is not a citizen or an enterprise which is not wholly owned by citizens shall not invest or participate in the following activities unless there is at least, thirty per cent participation by a citizen or an enterprise which is wholly owned by citizens:

    a) Production of packaging mate- rials.

    b) Manufacture of furniture and wood products.

    c) Manufacture of sanitary paper products.

    d) Provision of all services, including mining, oil and gas.

    e) Manufacture of generic pharma- ceutical products.

    xvi. Clause 26 -- Amendment proposed -- subclause (2), line 2, delete “citizens and enterprises wholly owned by citizens” and insert “Ghanaians and also the list of enterprises eligible for joint-venture participation with Ghanaians”.

    The rationale for proposing the reservation of the enterprises specified under section 26(1) for Ghanaians and the activities stipulated under section 26(2) eligible for joint-venture participation with Ghanaians is that Ghana has fully built the capacity to produce the goods and/or supply the services pertaining to those enterprises or activities. In fact, little or no foreign technology is required in the provision of these goods and services.

    In the telecommunication industry in particular, the industry is presently dominated by foreign interest. Ghanaian entrepreneurs have however, built some capacity in certain sectors of the industry

    and it is only fair that these local entrepreneurs are empowered to build further capacity and participate in activities in the industry by reserving a few activities in the industry for indigenes or Ghanaians.

    xvii. Clause 26 -- Amendment proposed -- subclause (2), delete the number (2) and insert number

    “(3)”.

    This new subclause has been introduced to provide for all services, including mining, oil and gas.

    xviii. Clause 27 -- Amendment proposed -- Subclause (1), paragraph (a), line 2, delete “fifty” and insert “two hundred” before “thousand”.

    The proposed amendment of a higher figure seeks to correct abuses in the system by foreign investors who have strayed into sectors reserved exclusively for Ghanaians, particularly the retail and trading sectors.

    The increase would also deter foreign investors from engaging in petty trading and put an end to the unfair competition between Ghanaian traders and foreign investors.

    xix. Clause 27 -- Amendment proposed -- Subclause (1), paragraph (b), delete “two” and insert “five”.

    The increase in the foreign capital will discourage cheap and unscrupulous investors from entering the country.

    xx. Clause 27-- Amendment proposed -- Subclause (5), line 2, delete “ten” and insert “twenty” before “skilled Ghanaians”.

    This amendment would help to correct the abuses in the system by foreign investors and also ensure that even if a foreign investor is to engage in retail, it would create employment for a greater number of locals.

    xxi. Clause 31 -- Amendment proposed --Subclause (2), line 3, delete “the basic net salary of that person” and insert “sixty per cent of the net salary of that person”.

    The Committee noted that the phrase “basic net salary” was self-contradictory because “basic salary” and “net salary” are two different items. The Committee therefore, decided to use a fixed percentage for clarity and to ensure that a proportional amount of salaries of foreign investors is spent within the country.

    xxii. Clause 34 --Amendment proposed -- Subclause 1 (a), (i) delete “lines 1 and 2" and insert “two hundred thousand United States dollars and not more than five hundred thousand United States dollars”.

    The Committee was of the view that the threshold between US$50,000 to US$250,000 was too low, and also it would prevent unscrupulous people from investing in Ghana.

    xxiii. Clause 36 -- Amendment proposed -- Delete subclause “(6)” with the following:

    “A technology transfer agreement may be renewed with the approval of the Centre and the regulator of the relevant sector and is subject to registration by the Centre”.

    xxiv. Clause 37 -- Amendment proposed -- Subclause (3), line 2 insert “who provides proof of identity” between the words “centre” and “to”.

    The Committee was of the view that “proof of identity was necessary to avoid misrepresentation by unauthorised persons who may decide to engage in the monitoring exercise”.

    xxv. Clause 38 -- Amendment proposed -- Insert a new subclause (6) “if the appellant is not satisfied with the decision, he/she may seek for redress at the high court”.

    This amendment would give assurance and security to the investors who may want to seek redress in court as a result of GIPC's decision(s).

    xxvi. Clause 39 -- Amendment proposed -- Delete clause 39 and insert the following:

    “Offences”

    (1) A person commits an offence if that person being an enterprise:

    (a) (i) which is required to register with the Centre by the Act fails to register or renew its registration with the Centre in accordance with this Act;

    (ii) engages in an activity other than for which that enterprise has been registered under this Act;

    (iii) applies any benefit conferred by or under this Act for purposes other than for which the benefit was confer- red;

    (iv) refuses or neglects to give any information which the Centre reasonably requires for the purpose of this Act;
    Prof. George Y. Gyan-Baffour (NPP -- Wenchi) 11:30 a.m.
    Mr Speaker, I rise to support the Motion.
    Mr Speaker, economic transformation is not about being a middle-income society. High economic growth is not synonymous with economic transforma- tion. It simply means transforming the structure of the economy, changing the economic structure from an agrarian and commodity-based economy to one that processes these products.
    That is what economic transformation is about. And that is what really is needed to stabilise this economy in the long-run and to put us on the path of sustained economic growth.
    Mr Speaker, this Bill is at the heart of that transformation process and I urge Hon Members to look at it with all seriousness. This Bill seeks to intensify the promotion of investment through a proper incentive regime that will encourage that.
    Prof. George Y. Gyan-Baffour (NPP -- Wenchi) 11:30 a.m.


    The Bill seeks to promote investment from all and sundry, that is both foreigners and Ghanaians but it pays particular attention to promoting and encouraging Ghanaian ingenuity, Ghanaian entre- preneurship. It reserves certain busi- nesses especially at the lower end of the trading to Ghanaians.

    It ensures that Ghanaians get participation in some of the industrial sectors, the manufacturing sectors where it is not very capital intensive and where it is very simple for Ghanaians to operate.

    Mr Speaker, we have come a very long way. We have indeed, come a very long way when we began with the Alien's Compliance Order, which for the first time, gave businesses to Ghanaians in this country, moving them away from the farms and from doing menial jobs to own shops. That was the first time that the shops that were owned by foreigners actually went to Ghanaians.

    Mr Speaker, it was in that period when we moved out of the age of industrial incubation, that is, in the 1970s and 1980s of our economic history, that saw people like Siaw of Tata Brewery, B. A. Mensah of International Tobacco, Appenteng Mensah of Pambros Salt and Kwabena Owusu of Kowus Motors. We are now back to square one. We are back to square one because of flawed political action and political inaction.

    Mr Speaker, as we go through this Bill, we should all be reminded that politics and business are not good bed fellows. We should make sure that we craft a Bill that will free the business instincts of Ghanaians, a Bill that will help to recreate the lost path to encourage and promote new captains of industry such as the modern day “Siaw” of Zoomlion fame, rlg and Ernest Chemist and so on and so forth.
    Mr George K. Aboagye (NDC -- Ahanta West) 11:30 a.m.
    Mr Speaker, I rise to support this most innovative Bill.
    We have reached a stage in this country where we are at a take-off of our economy, a take-off into the middle income and beyond. I wish to say here that this cannot be achieved by the public sector or Government alone and that this take- off must be undertaken wholly, mostly, by the private sector. There has been the saying that the private sector is the engine of growth and so, many times, when we go to meetings, we hear this.
    Nevertheless, the grease to make the engine move has not been provided in most cases. Now, this Bill provides the
    necessary incentives and opportunities for the private sector to help the country take-off. Take-off in terms of increasing jobs, take-off in terms of expanding the economy, take-off in terms of transforming the economy of this country.
    There are significant aspects of the Bill that I would like to highlight.
    First and foremost, information is to be shared between the Registrar- General and the Ghana Investment Promotion Centre by all investors registering with the Centre. It does not mean necessarily to register again and duplicate the job of the Registrar-General. I would want us to be cautious here, that there could be this synergy of using the information technology for each agency to tap into the others.
    Number two, as has been made clear here, the private sector, the trading companies and the traders are of key significance to the proposals in the Bill. Eighty per cent or so of people participa- ting or operating this economy are in the informal sector. If we want to capture the businesses in the informal sector and therefore, get them into the tax net and then raise revenue, this is a very important opportunity, indeed.
    Certain aspects also of the manufac- turing sector have been also captured in this Bill. Manufacturing has been on the downward trend and here is a country that started with state enterprises producing goods for distribution within the country, that we wanted in those to be able to institute import substitution and therefore, reduce our import bill and then the expenditure in terms of foreign exchange.
    Today, the incentives are being given to the manufacturing companies. They also will have the opportunity to be part of any business up to the tune of 30 per cent in terms of relationship with foreign investors.
    Mr Speaker, this is something that I think the manufacturing associations within the country should be very happy and although the 30 per cent may not necessarily be acquired immediately, they enter into a deal with the foreign investor, gradually, they will reach there.
    It is not a force that as soon as you get into business with a foreign investor, you should therefore, take 30 per cent equity. It is graduated.
    Mr Speaker, I wish to state that at a time like this, when we are looking for ways of raising revenue, incentives of this nature should not be perceived as incentive that would make us lose revenue. Mr Speaker, I have noted in the speech of the Hon Minister for Finance that he has made provision to close all possible avenues for hemorrhage of income revenues collected and I can, on top of my head, say maybe, page 56 of the Budget Statement, these have been enshrined there.
    I believe that with good management of our permit and revenue collection systems, we should have no fear that we should relax and give incentives of this nature to the private sector, more so, as this time, Ghanaians would also enjoy the duty free concessions, the tax breaks, et cetera.
    Mr Speaker, on this note, I thank you very much for the opportunity given me to add my word to the passage of this Bill.
    Dr Anthony A. Osei (NPP -- Old Tafo) 11:40 a.m.
    Thank you, Mr Speaker, for allowing me to contribute to the Motion on the floor.

    Mr Speaker, I think it is a good thing that we are seeking to review the Ghana Investment Promotion Centre (GIPC) Bill. Mr Speaker, is it not sad that at the time that we are trying to review the Bill, we read in the newspapers about serious issues at the GIPC. In fact, if I am not mistaken, four senior officers have been interdicted as we review this Bill. If you read the remit of what they are being interdicted about, it is unfortunate. Something really is going wrong.
    Alhaji Sorogho 11:40 a.m.
    On a point of order.
    Mr Speaker, I am surprised that even those who are seated by me did not hear that and where the Hon Member is seated, we could hear that.
    Mr Speaker, I never said that. I said it was in the details. So, I am surprised. I am sorry, I never said that.
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, tomorrow or the next day, the Hansard would come and we would see who is telling the truth. Insha Allah, we would see. [Laughter.]
    Mr Speaker 11:40 a.m.
    Hon Member, the point being raised by the Hon Member for Old Tafo is that, they do not report to -- He is raising the issue of general supervision and he is saying that they report to the President and there is no direct Minister that they report to. That is the gravament of his submission.
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, I will ignore my good Friend. I am making an argument to ensure that Parliament puts the Centre under his supervision for a reason. I do not know about now, but in the past, that difficulty was there. So, every time you are looking for them, with respect to the former Chief Executive Officer (CEO), he himself would admit, it was a serious problem with supervision and we need to decide to put them under a sector Minister properly, so that they can be properly supervised.
    This is because that is one of the mischiefs that the Bill seeks to correct.
    Mr Speaker, these things that are happening now in the Centre, if they were properly under a Minister, the Minister would have dealt with them. Mr Speaker, I do not want to give you some of the retinue of things that some of us had to deal with at the Centre, making their budget without recourse to Parliament, sometimes you call the CEO -- not this one, other CEOs -- and they would tell you that they have travelled, so they are not in a position to meet with the Finance Committee.
    In fact, the Hon Member would remember, and I am not saying that it is bad. We had to call him from abroad, somewhere to come and meet the Committee for his budget --
    Mr Speaker 11:40 a.m.
    Whom did you call?
    Dr A. A. Osei 11:40 a.m.
    The former CEO.
    Mr Speaker 11:40 a.m.
    Very well. Who is the former CEO?
    Dr A . A. Osei 11:40 a.m.
    He is the Hon Member for -- He is sitting there.
    Mr Speaker 11:40 a.m.
    Hon Member for Old Tafo, the former CEO is now a Member of Parliament, so you should address him properly.
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, the Hon Member for Ahanta West.
    Mr Speaker, it is for the good of the Centre that I would want us to look at these recommendations. I think that, in the past, there may have been a reason they wanted to go to the Presidency. In my view, it should really properly be under the Ministry of Trade and Industry, so that they can co-ordinate better. This is because it is a very important arm of the Ministry of Trade and Industry, to make sure that they are doing the right thing.
    Mr Speaker, in paragraph 5.1 of the Committee's Report, they state that they have increased the capital from US$300, 000 to US$1 million without giving us a reason. Mr Speaker, why not US$2.5 million, why not US$400,000? They should be telling us why they think that - - To say that US$1 million is deterrent enough, is not convincing to me. This is because these foreigners can find a way of doing evaluation to even exceed US$1 million. That has been part of the problem.
    The issue has been that, we should be moving towards making sure that whatever value we put, we can identify. This is because if he brings a car and he values it at 600,000 instead of 60,000, we have difficulties doing the evaluation. So, I would want, at the appropriate time, for the Hon Minister to give us the reason they increased it from US$300,000 to US$1 million.
    Mr Speaker, I would want to move to paragraph 5.4 and here, I am hoping that the statement made there is false. In making a contribution, somebody suggested that they want collaboration between the Registrar-General and GIPC. But look at what is being said “All Ghanaian enterprises must register with GIPC”. How is it possible? So, if I am in Kumbungu, I would have to come to Accra? Please, we are going to kill Ghanaian industries.
    The information is with the Registrar- General, access it. But to say that “must”, “shall”, we are going to kill the very industries we would want to bring up.

    Mr Speaker, moving on, we must begin to shy away from mandating Hon Ministers to sit on Boards. There is a proposal in here; we have to be very careful. We cannot tie an Hon Deputy Minister for Trade and Industry or Finance to a Board. [Interruption.] That amendment should be looked at. A

    Director in a Ministry, fine but an Hon Minister? And then they would report back to you? That is dangerous.

    I do not know whether some Hon Ministers wanted to have a Board per se or not and that is why the proposal is coming. It is a very dangerous precedent. Hon Ministers are political appointees.We want this enterprise to be technically driven, not politically driven.

    My Hon Colleague mentioned this, that politicians and businessmen cannot be good bedfellows, I disagree.

    11.50 a.m..
    Prof. Gyan-Baffour 11:40 a.m.
    On a point of order.
    Mr Speaker, at this stage, we are actually involved in the principles in this Bill, not the amendments. And in fact, we have an amendment for the section that he is referring to and when it gets to the amendment stage and he wants to amend that portion, he can do so. But this time, it is about the principles.
    So, Mr Speaker, I do not think we have to go into the details right now.
    Mr Speaker 11:40 a.m.
    I thought you were going to respond to politicians and businessmen not being bedfellows.
    Prof. Gyan-Baffour 11:40 a.m.
    Mr Speaker, you know that I do not believe in that but he does. I do not believe in politicians meddling in any business at all. That has been my principle. He thinks that, probably, politicians should be involved; that is his position. I do not have any problem with that.
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, I was only following Standing Order 127 (1) and with respect, if I may read --
    Mr Speaker 11:40 a.m.
    I know that at the Second Reading, the Report, the Memorandum and the Bill, are all the documents that we look at and refer to; it is true. But when you go, as if you are arguing for a particular clause -- That is the point that the Hon Member for Wenchi is raising. You talk about the general principles of the Bill. When we get to the amendment stage, which is the Consideration Stage, we will look at them clause by clause and raise the necessary queries.
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, because the principle of putting Hon Ministers on Boards is embedded in the amendment, I am raising that principle. When we come, we would look at the clause.
    Mr Speaker 11:40 a.m.
    You can raise the principle and leave it there.
    Dr A. A. Osei 11:40 a.m.
    All right. Thank you, Mr Speaker. Since you have ruled, I would want to go on.
    Going further on that same issue, there is a suggestion that the Ministry of Finance and Economic Planning -- First of all, I thought that the Executive Instrument by the President had abolished the Ministry of Finance and Economic Planning, and the Hon Minister for Trade

    who is in Cabinet should know that. So, to come to us with a Report that talks about the -- There is no Minister for Finance and Economic Planning now, according to their own Cabinet Memorandum; it is a Minister for Finance. So, I do not know who he is referring to here; I do not know if it is an old Bill that is being resurfaced here or not. So, he should advert his mind to it when we get to the details.

    But the principle there though, is saying that, that Hon Minister is going to advise on micro-finance investments in the operations of the Ghana Investment Promotion Centre; I do not understand that. Where did we say that the Minister for Finance is an expert in micro-finance, to advise the Board on its operations?

    The Board is dealing with investments, not micro-finance per se. There are technical people who should be doing that and in any case, I am raising the argument that we should shy away from that and put technical people there and let them go.

    Mr Speaker, with those few words for now, I support in principle, the revision of the Bill.

    When we come to the Consideration Stage, we will go into the details and see which amendments we can offer.

    I thank you very much.
    Mr Speaker 11:40 a.m.
    Hon Member for Wa West and then the Hon Member for Abuakwa North.
    Mr Joseph Y. Chireh (NDC -- Wa West) 11:40 a.m.
    Mr Speaker, I am very grateful that you have given me the opportunity to support this Motion. In supporting it, I am happy about the Report, particularly, paragraph 5.3, where we are protecting Ghanaian-owned enterprises, particularly, at the finishing line.
    We have in this country Ghanaian businesses, factories and manufacturers which can manufacture some goods. Others, we do not have the capacity to produce, so, it is very important that we encourage Ghanaians to import from wherever the products are made and sold.
    If you allow other important people who already have the equipment to come here, set up a business and also import, again, competing with Ghanaians, it is not good. So, I think that this Bill is dealing with this issue and it must be enforced rigorously.
    Mr Speaker, I would want to also talk about supervision of some of the agencies which are lumped together and put under the Presidency. I think that is very, very bad. We should change it because it is important for supervision; for a Minister to be responsible.
    Papa Owusu-Ankomah 11:40 a.m.
    On a point of order.
    Mr Speaker, what the Hon Member is saying is incorrect. Nowhere in the Bill is responsibility for the Centre given to the Minister responsible for Trade and Industry. It is under the Presidency, and the President may designate any Minister to have responsibility for the Board. And of course, it is the Board that gives guide- lines, and not the Minister.
    Mr Chireh 11:40 a.m.
    Mr Speaker, he did not hear -- [Interruption.] Why?
    Mr Speaker 11:40 a.m.
    Hon Member, which part of the Bill were you quoting from?
    Mr Chireh 11:40 a.m.
    Mr Speaker, you advised that we should not go to clauses. But as it is now, I will go to the clauses if you --
    Mr Speaker 11:40 a.m.
    I am not saying that you should not make reference. Hon Member for Wa West, you made a statement --
    Mr Chireh 11:40 a.m.
    I do, not have the Bill here; that is the issue. But I took part in the discussion of this Bill. The point I was making was that we should not leave any agencies hanging, with the understanding that when they are placed under the Presidency, they get more important. That is not true. Indeed, they are becoming -- [Interruption.]
    Papa Owusu-Ankomah 11:40 a.m.
    Mr Speaker, I would want to assist my Hon Colleague. Clause 13 (1) says and Mr Speaker, with your permission, I beg to quote:
    “The President has oversight responsibility for the Centre but may in writing direct a Minister to perform a function in connection with that responsibility”.
    Of course, he is right. Clause 13 (2) says:
    “The Minister may give directive to the Board on matters of policy and that Board shall comply.”
    And the definition section says: “Minister” means the Hon Minister to whom responsibility has been assigned by the President under clause 13.
    Mr Chireh 11:40 a.m.
    Mr Speaker, I was advocating for a Minister to be designated and given the supervisory role. My argument --
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, point of information-- Clause 5, the Board of Directors of the Centre -- Mr Speaker, with your permission, I beg to quote clause 5 (4):
    “The Board shall provide policy guidance”.
    But we have said: “A Minister responsible”. Now, we are saying: “The Board shall”. This is where I am saying that he has not read the Bill.
    Mr Chireh 11:40 a.m.
    Mr Speaker, all I was seeking to do is to support my Hon Colleague's argument. Indeed, with your information, when the Appointments Committee was considering Ministers, this idea of finding schedules for those who are at the Presidency was also one of the issues we raised. Fortunately, if the Presidency has clarified this position, all we would want to say is that, there must always be a Minister.
    Prof. Gyan-Baffour noon
    On a point of order.
    Mr Speaker, this issue came up at the Committee meeting, so, we asked the Hon Minister if he was the one responsible. At that time, the President had not designated who was actually in charge. But as you have just stated, that he said he had been given the authority by the President to present the Bill to the House -- [Interruption] --That is the Minister here.
    An Hon Member noon
    The Hon Minister for Trade and Industry --
    Prof. Gyan-Baffour noon
    The Minister for Trade and Industry --
    Prof. Gyan-Baffour noon
    So, that was an authority given to him by the President. The issue of not being responsible does not arise. This is because he knew about that, that he was the one to actually -- When you look at the Bill, he signed the Bill with the authority from the President. So, I do not think there should be any difficulty at this point about who is actually doing that -- [Interruption.]
    An Hon Member noon
    Hon Fiifi Kwetey is
    Prof. Gyan-Baffour noon
    Well, maybe, I have heard that Hon Fiifi Kwetey is the one in charge now, but at that point, he had not been designated as such. So, I do not think there is a problem.
    Mr Speaker noon
    Hon Member for Wa West, conclude.
    Mr Chireh noon
    Mr Speaker, they were taking all my time to give me information, which is not really what I was asking for.
    I am very happy that we are raising this issue; it has to be addressed properly. This is because in many countries, if you go to pursue business and they say, “Go
    and see the Presidency,” before you get there -- it is difficult, yet there must always be a Minister. And even seeing a Minister in any country is difficult. That is why I am of the view that all these agencies should come properly under Ministers because everybody in the world knows that Ministers take responsibility.
    It would also ease the pressure of asking anybody to come and answer Questions on the floor of the House. This is because issues that arise in these areas or these agencies must be properly supervised by a Minister who can report adequately. That is why I am happy about it.
    But do not forget that we need to encourage Ghanaian business people. When we are encouraging them, they must do honest business. If they do not do good business, then politics would interfere; I am sorry that, that is happening.
    Mr Joseph B. Danquah (NPP -- Abuakwa North) noon
    Thank you, Mr Speaker, for offering me the opportunity to add my voice to this all important Report about Ghanaian and foreign direct investment.
    Mr Speaker, I think the time is long overdue where we invest in what I call, “the supreme ideology of the Ghanaian”, that is, making the Ghanaian the paramount factor in all our economic decisions. This is what the Bill seeks to address with the passage of this new law.
    Mr Speaker, I believe that from what Hon Members who spoke earlier have commented on and have provided, it goes without saying that today, the Ghanaian knows how to import, the Ghanaian knows how to wholesale, the Ghanaian knows how to distribute and the Ghanaian knows how to retail. In that sense, those areas
    must purely be reserved for the Ghanaian and, we must encourage joint ventures where there are capacity gaps, where there are financial resource gaps, and there, we can always encourage, with an incentive regime that would promote joint ventures, so that the Ghanaian would also be in a position to, one day, have the entire capacity to own big business, make big profit, and therefore, be able to support the economy in a proper way.
    Mr Speaker, as I come to the end of my submission, I would want to talk about the composition a little. I beg to differ, that something that is under the Office of the President has the supremacy, or is an all-time authority-- And if something that sits under the President does not have the authority and we are asking that unless it is under a Ministry before it can have authority, I beg to differ. But when we come to the proper debate, we would talk about that.
    In terms of the constitution or the composition of the Board, yes, I agree to the fact that the issue of the Hon Deputy Ministers is a real one. Therefore, the President must be given the free hand to choose whoever he so wishes and the best brains to do the work.
    In that sense, I support the idea that we should not have limited or restricted Deputy Ministerial positions on the GIPC, but rather, allow the President to have the freedom and the free hand to choose who the best brains are to help in the investment drive of the country.
    With these few words, I support the Motion on the floor.
    rose
    Mr Speaker noon
    Hon Members, I have got the sense of the House. I will take a limited number of Hon Members on this Motion.
    Minister for Finance (Mr Seth E. Terkpeh) noon
    Thank you very much, Mr Speaker.
    It is a privilege. in my opinion, to contribute to this Motion that is on the floor of the House, and in so doing, I wish to draw attention to the fact that this is the second major change in our investment law, the first change having occurred in 1994, when the then Ghana Investment Centre was changed to Ghana Investment Promotion Centre.
    I highlight this fact to draw attention to the fact that, when it comes to attracting investments into the country, there are two points that are very important. On that occasion, most of the incentives that used to be in the Ghana Investment Centre Act or law were transferred to the Internal Revenue Service Act, in particular.
    That leads to my second point, that therefore, in looking at the investment environment in the country, with the view to participating in the Ghanaian economy, investors both local and foreign, should appreciate the fact that our Internal Revenue Service Act now, and the Customs, Excise and Preventive Service the Value Added Tax (VAT) laws themselves are designed to promote investments in the country, which is why the Ghana Investment Centre at the time became the Ghana Investment Promotion Centre.
    This fact has not changed, and in fact, the law itself reflects that fact, that there are a lot of incentives already in the Act and any further incentives are a second
    order priority to the promotion of investments in the country.
    Secondly, Mr Speaker, I also wish to state and I believe in clause (4) in particular, the very important point that is made in clause 4(c), that the Centre shall initiate and support measures that would enhance the investment climate in Ghana for both Ghanaians and non-Ghanaian enterprises.
    I highlight this point because often the impression is given that the Ghana Investment Promotion Centre exists for foreign investors only. Indeed, there are many Ghanaian investors who could take advantage of both our tax laws and also the opportunities that are provided by the Ghana Investment Promotion Centre.
    I wish to take this opportunity to urge our Ghanaian investors, particularly those who already invest heavily, and those who would want to enhance their investments not to hesitate to approach the Ghana Investments Promotion Centre.
    Mr Speaker, we have become a lower middle income country. That is a fact, and this has various implications for the country, not least, is the fact that our access to concessional and non- concessional financing for various projects in the country would be going down. It is in this regard that private investment, both local and foreign, has become very important for us and therefore, the revamping of our laws and soon our tax laws, which would be coming to this House, are very important.
    Mr Speaker, I perceive a certain philosophical debate in the role of Government in the promotion of investments and with respect to what I would regard as a less laisser-faire approach to investment. It is the place of
    Prof. Gyan-Baffour noon
    On a point of order.
    Mr Speaker, I think the Hon Minister is misleading the House.
    My point is not about Government's involvement, but political interference. The Government, yes, can be part of the investment process, but political --
    Mr Speaker, let me explain why.
    When you come into this country and it is the National Democratic Congress (NDC) which is in power, you would see that all businessmen who were allied with the New Patriotic Party (NPP) become broke. When you turn it round, when the NPP is in power, you will see that the NDC- related businesses are broke, and even people who are associated with any of the parties. This practice has to be removed completely. That is why I say that politics should not be part of business and that is my argument.
    I am not saying that governments should not be involved. There are two distinct differences between politics and government. So, I think the Hon Minister should carry that along.
    Mr Terkpeh noon
    Mr Speaker, let me say that I got the Hon Member clearly on that point of political interference, but there were other contributions with respect to the role of the private sector, including an aspect of his own contribution, and that is what I am referring to.
    In fact, the late Prof. Mills is known and quoted to have said that any investments that were started in the
    previous administration were Ghanaian and he went ahead to make sure that they were implemented.
    But Mr Speaker, I take the point that the Hon Member has made.
    In closing my contribution, Mr Speaker, let me also state that this particular Bill is unique, unlike many Bills that come to the floor of this House, in making provision for a Board of Directors and also a technical committee, and the represen- tation of that technical committee, we can see, is non-political.
    Therefore, I would entreat, in the course of looking at the provisions, that it creates that balance between the Board having a higher role in investments promotion and therefore, requiring some political direction, and the technical committee, which is fully staffed by staff of various technical institutions in the private sector in the country.
    With these few words, Mr Speaker, I support the Motion.
    Mr Speaker noon
    The last contribution, Hon Member for Tema East --
    Nii Kwartei Daniel Titus-Glover (NPP -- Tema East): Mr Speaker, point 5.3 -- “Protection of Ghanaian owned Enterprises”
    I would want to start by quoting a statement made by Osagyefo Dr Kwame Nkrumah on the 24th of August, 1963, when he was opening the Unilever Soap Factory in Tema, and with your permission, I beg to quote:
    “Foreign investors may today fit their investment to suit the overall plan for the development of our economy. They must maintain a high level of employment and impart technical skill to Ghanaians whom

    they employ -- a thing which, unhappily, they no means always happened in the past.”

    Mr Speaker-- [Interruption]-- I have said the source. This is a statement made by President Nkrumah on August 24th 1963 -- [Interruption] -- Mr Speaker -- [Interruption]-- Relax.
    Mr Speaker noon
    Hon Member, ignore the heckling and address the Chair.
    Nii Kwartei Titus-Glover: Mr Speaker, this statement, in my view, is so striking and very phenomenal. Why? This is because today, the Motion moved by the Hon Minister for Trade and Industry, with regard to certain amendments to the GIPC Bill, as a Ghanaian, that is my true identity and nobody can take that identity away from me.
    This House, the Sixth Parliament has a responsibility, that comes tomorrow, the amendments we are making are going to stand the test of time.
    We are good in passing laws, but the enforcement of these laws the protection that we need to give to enterprises owned by Ghanaians, are things that we need to look at after leaving this Chamber; that is when this amendment is made.
    So, I am very, very passionate, Mr Speaker, that we are looking at this Bill not just to gloss over it but we need to be very particular. Does the Ghanaian have the capacity? Do they have the skill? Do they have the know-how that could really propel this economy the way we want it to go? I believe they have it. Therefore, we need to throw our weight behind these enterprises which are owned by Ghanaians, and in my view, that is where I am coming from.
    Mr Speaker, with your permission, clause 25 on page 8 of the Report of your Committee, where it says in the second paragraph, that:
    “The Committee noted that since the GRA is the sole agent for adminis- tering taxes and customs duties in the country, it would be necessary to consult them.”
    I agree with that. But here again, Mr Speaker, I know the Hon Minister for Finance is here. We are struggling to make revenue. I would suggest that the Customs, Excise and Preventive Service should run a 24- hour service. In other jurisdictions, it is practical; they do it. But what comes to mind is about the personnel, how we could recruit the right personnel who would make sure they go into these places to raise the excess revenue that we need to develop our country.
    In doing so, Mr Speaker, I would want the Hansard to capture this point very accurately -- [Interruption] -- Yes, I would want to emphasise it. I would want to bring Hon Members' minds to a statement made by the former President of France, Nicolas Sarkozy -- [Interruption] -- It is about the protection that we need to give to our industries and our enterprises. This is what he said and it was captured by Reuters on February 23rd and the heading was: “EU making too many WTO concessions.”
    That is why, in my view, I am so passionate that we need to look at these areas by protecting what we have; regardless of these World Trade Organisation (WTO) concessions, they still protect their industries-- to make sure these Ghanaian people can grow, generate the necessary employment, the revenue for the totality of our country.
    Mr Speaker, in winding up, at clause 26 -- Amendment proposed -- Clause 26 (g), Importation of finished pharmaceutical products -- These could include, Mr Speaker, one --
    Mr Speaker noon
    Hon Member, I think you are going into issues of amendment.
    Nii Kwartei Titus-Glover: Thank you very much.
    In winding up, Mr Speaker, I support the Motion moved by the Hon Minister for Trade and Industry.
    Mr Speaker noon
    Hon Members, the Hon Minority Leader wants to make a short intervention. I would give the floor to him and after that the Hon Minister would wind up.
    Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 12:20 p.m.
    Thank you, Mr Speaker, for the opportunity to also add my voice to support the Motion.
    Mr Speaker, the Report from the Committee on Trade, Industry and Tourism, supporting the Motion, is good, but I think that we could improve our report writing as far as these referrals are concerned.
    Mr Speaker, article 106 (2) (a) of the 1992 Constitution provides 12:20 p.m.
    “(2) No bill, other than such a bill as is referred to in paragraph (a) of article 108 of this Constitution, shall be introduced in Parliament unless --
    (a) it is accompanied by an explanatory memorandum set- ting out in detail the policy and

    [NII KWARTEI TITUS-GLOVER] principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and”

    So, Mr Speaker, I thought that a better approach to writing these reports -- because they concern a Bill that is introduced into this House -- would be for the Report to capture the purpose of the Bill as stated in bullet 4.0, the essence of the accompanying memorandum, so that we are all informed -- and as may be eventually captured in the Hansard, we know how come the Bill was introduced in Parliament and then we proceed from there.

    Mr Speaker, I say so because the matter that just arose in respect of the Hon Minister to be in charge of the Investment Centre, I think it is quite a weighty issue. This is because it ought not have raised the turbulence that it sent us into, if, really, we had seen it as one of the critical mischiefs that the Bill is intended to cure. Unfortunately, we did not get it that way and that is why I think that we should have it positioned in the Report in that manner.

    But having said so, Mr Speaker, I would agree with my Hon Colleagues who have argued that because of its relevance to the Ministry of Trade and Industry, I would suggest and would agree with my Hon Colleagues, that it is rather the Hon Minister responsible for Trade and Industry who should be in charge of the Centre, for the avoidance of doubt.
    Mr Speaker, bullet 5.1 of the Report, paragraph (2) is indicating that 12:20 p.m.
    “The Bill seeks to correct the abuse of the system by foreign investors who have strayed into sectors reserved exclusively for Ghanaians, particularly the retail and trading sectors.”
    rose
    Mr Speaker 12:20 p.m.
    Hon Members, the essence of the principle is to canvass various views on the floor, that would inform amendments at the Consideration Stage. Now, the Bill is the property of the House. Hon Members who feel strongly on certain issues can file the necessary amendments and let the House take a decision on them.
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, we are informed in paragraph (2) of bullet 5.1 that the threshold of investment has been raised from US$300,000 to US$1 million in cash or in goods or both by way of equity capital. That may be, perhaps, a good start-off point. But who would say that, that is deterrent enough? In any
    event, we need to be told the justification of raising the threshold from US$300,000 to US$1million; what informed that figure- - raising it from US$300,000 to US$1 million? What is the rationale?
    Mr Speaker, as I have said, we need further and better particulars about this; the reasons informing this.
    As I have said, in my view, it is not going to be a sufficient enough deterrent, that is, prohibition by capital. We really need to deter, by relating to specific areas that foreign investments do not go into; as simple as that. Raising the threshold of investment may not be a sufficient deterrent.
    Mr Speaker, I am happy the Hon Minister is indicating to us that they want to provide a one-stop shop to facilitate, if you like, streamline investment. I would think that one of the reasons for this would be to avoid over-subscription into certain areas and increase competition while allowing for monopoly in certain other areas.

    Mr Speaker, the Hon Minister has told us that it relates to certain areas other than those ones that were “traditionally captured,” and this time, we would be looking at minerals and even, I guess, petroleum products and so on. I believe these laws existed early on but people found ways to circumvent them.

    Again, I would want to believe that this Bill would help us to tidy up, because during Acheampong's time, we had this decree prohibiting investment of or entry by foreigners into the sale, downstream of petroleum products, what we saw was Ghanaians fronting for them. And then we had the people from the sub-region, in particular from Mali, doing the retail trading in these -- the purchase of maize and so on -- which were strict prohibi- tions during the Acheampong era. So, if it is going to exist merely on paper, it is going to be difficult for us to have any believe -in.

    But he related, in particular, to mining, and he mentioned the exploits of the Chinese. What I do know is that most of the concessions that they have are for exploration and not for mining. Yet, we all know that they are going beyond that and doing serious mining; even some of the Ghanaians, the leases that they have for exploration, they then descend into mining.
    rose
    Mr Speaker 12:20 p.m.
    Yes, Hon Member, do you have a point of order”
    Dr Donkor 12:30 p.m.
    Yes. Mr Speaker.
    The Bank of Ghana has the figures on the gold exported by Ghana. The Precious Minerals Marketing Company has figures of gold produced by small-scale miners.
    Mr Kyei-Mensah-Bonsu 12:30 p.m.
    Mr Speaker, would the Hon Chairman be able to tell us the quantum of gold that we produced last year? I am talking about exact figures --
    Mr Speaker 12:30 p.m.
    Hon Minority Leader, the point is that you said that we could not. He is saying that we have a statutory body that is supposed to do it but whether they are doing it and doing it well, is another matter.
    Mr Kyei-Mensah-Bonsu 12:30 p.m.
    Mr Speaker, that exactly is what we are saying, the exact -- [Uproar] -- This is because we base it on the royalties and taxes that they pay to us. We base our analysis, that is, the quantum of gold extracted and exported on the royalties and taxes that accrue and are payable. Whether we know the exact quantum, is a different story, and that is the matter that I am relating to.
    Mr Speaker, I would want to believe that this new Bill is going to help us trace and track --
    Mr Alfred K. Agbesi 12:30 p.m.
    Mr Speaker, I think the Hon Member has given a clue that there are bodies in charge of what the Hon Minority Leader is raising. If he has evidence that this thing is not being done, he should go specifically to that point, that this year they have not been able to determine what quantity has been produced. But the Hon Member has given a clue that there are statutory bodies in charge of these issues. So, that should be enough.
    rose
    Mr Speaker 12:30 p.m.
    The Hon Minority Leader can effectively respond to any issue raised on the floor of the House. It should not be the Hon Member for Manhyia South who should --
    Hon Minority Leader, you have the floor.
    Dr A. A. Osei 12:30 p.m.
    The Hon Member for Pru East sought to give the impression that the Bank of Ghana is the body responsible for the export. -- [Uproar] -- Mr Speaker, that is not the body that is in charge of reporting our export --
    Mr Speaker 12:30 p.m.
    No! Tat was not what he said.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, that was what he said.
    Mr Speaker 12:30 p.m.
    Hon Member for Old Tafo, what information do you want to provide the House?
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, there is a body that is known in this country that can authoritatively report on the export of our gold. If he wants to know, he should see me outside. [Laughter.]
    Mr Speaker 12:30 p.m.
    Hon Minority Leader, contrary to the rules of the House, I decided to relax the rules for him to give information to the House, which will be useful. Now, he is saying that the Hon Member should see him. [Laughter.]
    Mr Kyei-Mensah-Bonsu 12:30 p.m.
    Mr Speaker, the good thing is that this phraseology is not being introduced into this House for the first time. We have heard it several times over. If it is unworthy, then from now on, we should not permit it in this House. [Laughter.]
    Mr Speaker, but I was saying that yes, we know of statutory bodies that are in charge of this, and I am saying that because they depend on the royalties, accruals to the State to make their estimations, they normally get it wrong.
    And we should find better ways of tracing and tracking the actual production. That was the point I was making. If it is in dispute, let anybody rise up and dispute it. That is the point I have made. And I am saying that if this Bill is going to help us achieve that purpose, we should embrace it wholeheartedly.
    Mr Speaker, so, I would support the Bill in the hope that it would help bring sanity into our investments and overall national development agenda.
    Mr Speaker, I thank you.
    Mr H. Iddrisu 12:30 p.m.
    Mr Speaker, let me thank Hon Colleagues for a very insightful debate. I am encouraged by the fact this Bill will be richer by their inputs and suggestions. But Mr Speaker, may I just respond to one or two very important issues that were raised?
    Mr Speaker, under PNDC Law 116, at the time, minimum foreign capital requirement for joint ventures was reduced from US$60,000 to US$10,000. And for purchasing, selling of goods and trading activities, it was also pegged at US$300,000. And for wholly foreign- owned enterprises, the law reduced the minimum capital requirement from US$200,000 to US$50,000.
    Mr Speaker, Ghana, today, is not the Ghana of yesteryears. We have improved our investment and business climate today and that is what informed adjusting the minimum capital requirement upwards from US$300,000 to US$1 million. But I would be guided that we need to involve the Bank of Ghana.
    But Mr Speaker, it is not enough today for any foreigner to walk through the corridors of Ghana with ten, fifty thousand United States dollars and he is able to start a business. This will be a requirement that will be policed very carefully.
    Mr Speaker, there is a new paradigm shift and I am encouraged to re-echo the President when he appeared before this House on his State of Nation Address that it is no longer for Government to do business. It is for Government to create an enabling environment for the private sector to do business -- [Hear! Hear!]-- And the policy thrust of the President was that the economic opportunities of this country must be deserving for every Ghanaian and every Ghanaian enterprise regardless of their politics.
    Let Hon Members note that some- where in 2014, the President will have the opportunity to engage industry with a stimulus package, which will be given to Ghanaian businesses which will be winners, determined by the Association of Ghana Industries and Commerce to receive some support in order that their businesses can grow and will not suffer on the basis of petty partisan politics.
    rose
    Mr Speaker 12:30 p.m.
    Hon Member for Manhyia South, the Hon Minister is winding up.
    Dr Prempeh 12:30 p.m.
    Mr Speaker, you have already given a ruling that we should stick to the principles of the Bill. For the Hon Minister for Trade and Industry -- we can understand him fighting with Hon Fiifi Kwetey and the rest for ownership of the GIPC. But Mr Speaker, for him to --
    Mr Speaker 12:30 p.m.
    Hon Member, withdraw it.
    Dr Prempeh 12:30 p.m.
    I withdraw it and it should be expunged, Mr Speaker.
    But for him to announce a Cabinet decision to us in such a way that the President in 2014 will give AGI for some selected industries-- Mr Speaker, that is not the way to announce government policy to Ghanaians. That is not the way.
    Mr Speaker, he should stick to the principles of the Bill he has brought for us to support him.
    Mr Speaker 12:30 p.m.
    Hon Minister, if you want to make a policy to support the private sector, come properly. The essence of winding up, in my view, is to clarify issues raised on the floor.
    Mr H. Iddrisu 12:30 p.m.
    Mr Speaker, rightly so. I did not want to go specific. The Hon Ranking Member, Hon Prof. Gyan-Baffour raised the issue of the Siaws and other good private sector people whose businesses in the past suffered because of unnecessary political intervention. And I am assuring this august House that the mantra of President Mahama is to ensure that the economic opportunities are deserving to every Ghanaian enterprise and every Ghanaian business regardless of their politics. [Hear! Hear!]
    Mr Speaker 12:30 p.m.
    Order! Order! Hon Members, let us have order in the House.
    Hon Minister, conclude.
    Mr H. Iddrisu 12:30 p.m.
    Mr Speaker, our Colleagues also raised the important issue of oversight, even though somewhere along the Bill, the GIPC is designated under the Office of the President, but the GIPC will be subject to ministerial oversight and responsibility and I am sure His Excellency will soon make that determination and inform this august House accordingly.

    Mr Speaker, that is even more important because the annual report and audited accounts of the GIPC must be brought to this august House for scrutiny. It only can be shepherded by a Minister of State and that will be done. But at the Consideration Stage, we may be able to do a better tuning of that.

    Mr Speaker, finally, on streamlining administrative procedure, we must have a one-stop shop. You do not need to come in as an investor; you are asked to walk to the Registrar-General, come back to GIPC and go to the Ministry of the Interior for permit. We would streamline it and make Ghana a competitive destination for investment and business; we would create a congenial and an enabling environment for the private sector.

    With these few comments, I once again, want to express my gratitude to my Hon Colleagues.

    I thank you.
    Mr Speaker 12:40 p.m.
    Hon Minister, the issue of wholly-owned Ghanaian companies also registering with the Centre was raised on the floor of the House. I have looked at it. It is in the Bill. What do you say to that?
    Mr H. Iddrisu 12:40 p.m.
    Mr Speaker, rightly so. When the Committee met at Dodowa at the Forest Hotel, attention was drawn to that requirement and there is a proposed amendment to it. But just to send the point home, even though it might appear practically impossible, we should improve our national data.
    The only way we can be assured that businesses are paying taxes, is for us to know that they are registered with
    Mr Agbesi 12:40 p.m.
    Mr Speaker, there is a business captured in the Addendum Paper -- if we can take the business on the Addendum Paper.
    Mr Speaker 12:40 p.m.
    Hon Members, this business should have been taken tomorrow but I have been informed that it is a special plea from the Finance Committee, that tomorrow, they may be busy and in order to devote sufficient time to the work they would be doing tomorrow, they asked that the House takes this matter today. It is on that basis that we shifted it forward for it to be taken today.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, I believe there has been some discussion on it even though it did not come to me in a straight line. But I think some discussions are going on. As you said, it is programmed for tomorrow. If there is going to be an Addendum, it is subject to the indulgence of the Speaker and the House. So, I guess the plea should be to the House to indulge us and --
    Mr Speaker 12:40 p.m.
    That is why I called the Hon Minority Leader.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, the plea ought to have come from the Deputy Majority Leader for it to be supported by me, but no such plea came from him. However, I think the value is the same if it comes from me. So, we should plead with the House to indulge on the face of the presentation -- [Interruption] -- on the yellow sheet and not the pink sheet. [Laughter.]
    Suspension of Standing Order 80 (1)
    Chairman of the Committee (Mr James K. Avedzi) 12:40 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no Motion shall be debated until at least, forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Term Loan Facility amounting to three billion United States dollars (US$3.0 billion) between the Government of the Republic of Ghana and China Develop- ment Bank (CDB) -- Deed of Security Confirmation and Amendments to the Master Facility Agreement (MFA), Five Party Agreement (FPA) and Accounts Agreement (AA) may be moved today.
    Dr A. A. Osei 12:40 p.m.
    Mr Speaker, this is a procedural issue, so, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Government of Ghana and China Development Bank Term
    Loan Facility
    Mr James K. Avedzi 12:40 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Term Loan Facility amounting to three billion United States dollars (US$3.0 billion) between the Government of the Republic of Ghana and China Development Bank (CDB)-- Deed of Security Confirmation and Amendments to the Master Facility Agreement (MFA), Five Party Agreement (FPA) and Accounts Agreement (AA).
    Mr Speaker, in doing so, I present your Committee's Report.
    1.0 Introduction
    The request for the approval of the amendment to the Master Facility Agreement for the Term Loan Facility amounting to three billion United States Dollars (US$3.0 billion) between the Government of the Republic of Ghana and China Development Bank (CDB) -- Deed of Security Confirmation -- Amendments to the Master Facility Agreement (MFA), Five Party Agreement (FPA) and Accounts Agreement (AA) was presented to Parliament on Thursday, 6th June, 2013.
    The request was accordingly referred to the Finance Committee for considera- tion and report pursuant to Order 171 of the Standing Orders of the Parliament of Ghana.
    The Committee met with the Hon Minister for Finance, Mr Seth Terkpeh, officials of the Ministry Finance and Ghana Gas Company Limited and deli- berated on the request.
    The Committee is grateful to the Hon Minister and officials of the Ministry for attending upon it.
    Reference
    The Committee referred to the following documents during its delibera- tions:
    i. The 1992 Constitution of the Republic of Ghana.
    ii. The Standing Orders of the Parliament of Ghana.
    iii. The Master Facility Agreement between the Republic of Ghana and China Development Bank Corporation (CDB).
    Mr James K. Avedzi 12:50 p.m.
    the term of the Loan Facility amounting to three billion united state dollars (US$ 3.0 billion) between the Government of the Republic of Ghana and the China Development Bank (CDB) --Deed of Security Confirmation in accordance with article 181 of the 1992 Constitution and Order 171 of the Standing Orders of the House.

    Ranking Member of the Committee (Dr Anthony A. Osei): Mr Speaker, I beg to second the Motion, and in seconding it, I would want to make a few observations.

    Mr Speaker, sometimes, when we are talking about such matters, we want to be careful the way we make pronouncements. Mr Speaker, you would recall that not too long ago, some Hon Members in this House had a press conference on issues relating to this loan, and some Deputy Ministers went on air and started saying all kinds of things, that we did not know what we were talking about, et cetera. It was most unfortunate.

    Here, we are back in this House trying to do exactly what we were talking about. If we wanted to be partisan, we could have gone the other way. So, I would want to caution Hon Members of this House, that when you are a member of the Executive and you do not have information on matters that are before the House, you ought to be cautious in the statements you make.

    Mr Speaker, when we were raising issues on matters of this loan-- this is the second time, as it were, that an addendum is being brought here. We do not want four addenda on one loan.

    Mr Speaker, two years ago, we started dealing with this loan. One of the conditions was that we will pay a commitment fee of 1 per cent on the undrawn balance. So, last year, we paid US$30 million. [Interruption.] It was undrawn balance because nothing was drawn until December, 2012.

    Mr Speaker, the reason we are here is because at least, two disbursements to the gas project and one disbursement to the national security project have not been paid. If we had been careful, we could have avoided some of these matters. So, until we pass the amendment, if we are not careful, we would pay at least, close to US$28 million in commitment fee because it would be undrawn.

    Mr Speaker, I started on this matter, so that Hon Members would be cautious of what we say. The Government is getting ready to go on a bond market and all these matters matter. So, when you get too political and you force us to go that way, we all hurt Ghana. Any deficiencies in any Agreement that we talk about would not help us.

    So, Mr Speaker, I would want to appeal to my Colleagues who are in the Executive, that it is important when you speak on matters, that you speak wisely for the sake of Ghana -- We do not want to go into matters -- [Interruption.] -- You speak factually, not wisely and it is important we do that.

    Mr Speaker, as he said, we know that as the Hon Minister is pleading with us, that two disbursements to the gas project are in abeyance and one disbursement to the national security project -- Both are very, very crucial. Three payments worth about US$296 million and the Government's contribution itself is in abeyance. This is because as soon as CDB disburses, then the Government must disburse. That is why we are here.

    There are still some issues that the Hon Minister must pay attention to. For example, Mr Speaker, you remember the previous Majority Leader-- Hon Cletus Avoka is not here-- He was asked several times to bring the Hon Minister for Energy to bring the contract to Parliament for us to approve. That was last year. I can recall four times and you ruled and he said he would do so. As we speak, SINOPEC is working and this Parliament has not approved of the contract. What is wrong?

    It is a legitimate project; it is viable but Parliament -- Mr Speaker, the Supreme Court keeps ruling about article 181(5). Why are we going about it that way? It is not healthy.

    Mr Speaker, I would want you to direct the Hon Minister for Energy and Petroleum to bring this contract to Parliament. It is obvious. We do not want to go the way that some of them want to go, but we are being forced increasingly. Four times in the last Parliament, two times already; it is not in our interest.

    We have approved the loan; there is nothing wrong with it. But the contract is an international economic transaction. You know it; I know it; the Ministers know it but we are pretending that it does not matter. It is a serious matter. The more you do not bring it to Parliament, the more you make people believe that it must be for an untoward reason. I do not believe that that is the case.

    So, I would want to urge the Hon Deputy Majority Leader to -- Of course, if you are not in Cabinet, you would not know. So, when they are here, then you can talk to them because he cannot be in Cabinet to advise them -- remind them that this matter is urgent. In fact, I thought that at this time that we are approving the

    Mr Speaker, Hon Members ought to keep quiet, so that we educate ourselves. Nobody is against the gas contract. I repeat. It can be very viable, but if there are flaws, we need to, as a Parliament, bring ourselves to working on it.

    Mr Speaker, part of the reasons the amendments are coming is because somebody thought -- Here, I think the Chinese were playing tricks with us because our law is very clear. You cannot take the money from the oil revenue and put it in an escrow account.

    Our law is very clear. So, for the Chinese to give the impression that that is their interpretation, I find it very incredulous. But in practice, they are withholding disbursement. This is why we were cautioning that, when you are negotiating with them, you have to be careful.

    Thankfully, the Hon Minister said we have been able to convince them, that our law must prevail. But it was prevailing before, so how come suddenly the Chinese are realising it? It tells me something. I would want to advise the Hon Minister to be very careful. If somebody does not want to disburse, he will find a reason, which is not the case. So, here we are being asked to approve amendments to the Master Facility Agreement (MFA), the Offtaker Agreement, the Accounts Agreement (AA) and to the Deed of Security.
    Mr James K. Avedzi 12:50 p.m.
    On a point of order.
    Mr Speaker, just to correct a point that the Hon Member made.
    We are not amending the Offtaker Agreement. We are amending the MFA, the Five Party Agreement and the Accounts Agreement. So, I would want to correct it for the record.
    Mr Terkpeh 12:50 p.m.
    On a point of order.
    Dr A. A. Osei 12:50 p.m.
    Mr Speaker, but the amendments are an Agreement between the Government of Ghana and the Government of the People's Republic of China. We cannot do it on our own without their consent. So, it is an Agreement between the two nations.
    Mr Speaker, I do not want to remind the Hon Minister about where it is, but he should look at the first addendum. It says: “amending the Five Party Agreement”. It
    is not I who is saying it; that was what we got before us and it is there. Mr Speaker, so, as I said, the Chinese have seen that it is important that these amendments happen.
    Mr Speaker, we have looked at some of the amendments and as far as some of us can tell, they are not earth-shaking. The important thing is that as we speak, if we do not move with haste, we will continue to pay that 1 per cent commitment fee, which is quite big. One per cent of 3 billion less US$192 million.
    Mr Speaker, on page 5 of the Report, you will see the kinds of payments the Government has made. Government has paid the commitment fee of 30 million plus on the undrawn balance because last year it was 3 billion. Government has paid the upfront fee of 7.5 million, an interest already of 596,753 and there is one interest of 3 million that is due.
    In addition, our own contribution, because it is 15 per cent, is another 34 million. Mr Speaker, 30 plus 34, about 1.2, over 60 million and the project is still not functioning. That is the kind of thing we are worried about.
    Mr Speaker, I would want to remind the Minister that there is another issue that was not disc used here but it is also on the table; this issue about collateralisation for 15 to 10 years. You see, the loan has two parts. The tranche is 15 years; tranche B is 10 years. Our law talks about the 10 years. We are comfortable with the 15- year part of it. We think the Minister should go back and look at it, so that if there are further amendments to be made -- we have already mentioned the issue of the 60 per cent minimum that MFA says.
    A minimum of 60 per cent means that it could be 100 per cent for Chinese
    companies. Wherein lies the advocacy for local content? We have just been talking about the GIPC Bill which is pushing local agenda, yet we constrain ourselves with a contract that stipulates a minimum. Mr Speaker, the gas project is definitely 100 per cent Chinese; the national security project is 100 per cent Chinese.
    All of them, if you are not careful, are going to end up 100 per cent because the contract says 60 per cent minimum. I think we should have been looking at that and see where it will be consistent with the intention of the GIPC Bill.
    Mr Speaker, we could go on and on but as I said, it is important that we all pay attention when we are looking at these matters. The gas project, in my view, may have better returns than the oil itself. So, if for no other reason, it can pay for itself. The sooner it goes on, the better.
    We are aware that SINOPEC suspended works sometime ago and they have been encouraged to go back. The Chief Executive Officer (CEO) came to plead with the Committee, that right now, he cannot sleep because of the time table that we have missed several times. So, we see the urgency and to the extent that the amendments, as I said, are not earth- shaking because basically, they are operational but it still must be approved by this Parliament.
    So, with those few words, I would want to urge Hon Members to support the amendment and approve the Report of the Committee.
    I thank you.
    Question proposed.
    Mr Gabriel Kodwo Essilfie (NDC -- Shama) 1 p.m.
    Thank you, Mr Speaker, for the opportunity to cortribute to the Motion on the floor.
    Mr Speaker, this amendment being sought here is very straightforward. The amendment is basically just as has been stated in the Report, correcting certain operational challenges as far as this Facility is concerned. In my view, it is not something that we should be actually belabouring because it is straightforward.
    Dr A. A. Osei 1 p.m.
    On a point of order.
    Mr Speaker, my Hon good Friend is the Vice Chairman of the Committee. He should look at paragraph 4.2; it does not say amendment, it says “the amend- ments”. He is talking about the amendment we are being asked to agree to. He is the Vice Chairman of the Committee and I thought he was going to support --
    Mr Speaker 1 p.m.
    Hon Vice Chairman, what did you say?
    Mr Essilfie 1 p.m.
    Mr Speaker, once the Report is talking about amendments to this Facility, overall in aggregate, it is an amendment. [Hear! Hear!]
    Mr Speaker 1 p.m.
    Hon Member, you are the Vice Chairman and your own Report says “amendments” and that is the point the Member for Old Tafo --
    Mr Essilfie 1 p.m.
    Mr Speaker, what follows all that is consequential. So, in fact, it is an amendment --
    Mr Speaker 1 p.m.
    Continue with your contribution.
    Mr Essilfie 1 p.m.
    Mr Speaker, just as I said, we do not need to spin wheels on what is being sought here. Yes, indeed, it is true that certain things should have been properly scrutinised in the beginning to
    rose
    Mr Speaker 1 p.m.
    Hon Kofi Frimpong, if it is not a strict point of order --
    Mr Frimpong 1 p.m.
    Thank you, Mr Speaker.
    Mr Speaker, when I rise up, I make sure that I go straight to the point.
    The Hon Member, who is the Vice Chairman of the Committee and who is a good Friend of mine, used some unparliamentary language, that it takes only the unwise -- Somebody used the language that an Hon Member should think and speak wisely and he was made to withdraw it.
    He is a senior Member of the House and he is talking about unwise people, referring to who? So, he must be made to withdraw that expression. It takes only the unwise to go into an Agreement and not -- [Interruption.] It is not a proverb; it is unparliamentary language.
    Mr Speaker 1 p.m.
    Hon Member, I listened carefully to the Hon Member for Shama and I do not think that he has breached any of our rules. [Hear! Hear!]
    Mr Essilfie 1 p.m.
    Mr Speaker, actually, when I look at this whole thing, the Hon Member for Old Tafo made mention of members of the Executive branch being careful with statements they make when it comes to issues like this. Mr Speaker, while that may be true, it is for all of us to do so. It is not only the Executive branch or it is not only the Majority side, it is also the Minority side.
    Issues like this, if we would want to approach them as patriotic citizens and legislators, Mr Speaker, we debate them in the House, we meet and build consensus, we do not hold press conferences to condemn them. So, what goes for the Executive and for all of us, goes for everybody in this House, whether the Minority side --
    Mr Speaker 1 p.m.
    Hon Member, you have made your point. [Laughter.] But both sides, we have all been talking to the media; we have all been calling press conferences and it is not going to start today, it is not going to end tomorrow. So, Hon Member, continue but leave that area and move on.
    Mr Essilfie 1 p.m.
    Anyway, Mr Speaker, having said that, we all owe the responsi- bility also when such facilities are presented to us, not to only leave the Executive branch to do all the due diligence. At least, when it comes to this House, we also have the responsibility to look at all these issues, which are bringing about the amendment and also make our inputs, so that we make sure such situations do not occur.
    Mr Speaker, with these few words, I would just plead with all my Colleagues here to approve these amendments, so that these projects can continue.
    Thank you very much.
    Mr Speaker 1:10 p.m.
    Hon Member for Sekondi, and after that, I will take one. Clearly, there is ad idem from both sides of the House; so, we should not belabour the issues.
    Papa Owusu-Ankomah(NPP -- Sekondi) 1:10 p.m.
    Thank you very much, Mr Speaker, for the opportunity to contribute to this debate.
    In my view, on these occasions, as a House and as a nation, we should have the opportunity with hindsight to chart a better way forward.
    Mr Speaker, in a democracy, it is just the opportunity for every person to express their views and then a decision is taken by the majority. That is the essence of a democracy. So, as long as you are in the Minority, you can express your views and the Majority would then take a decision because they have the numbers.
    But whatever decision the Majority in the House would take, an opportunity comes for us to look at the past and then try and see how we can chart a better course for the future.
    Mr Speaker, I refer you to page 4 of the Report, the second paragraph, and I beg to quote:
    “However, some provisions in the original Agreements provide operational challenges to the Ministry of Finance in the imple- mentation of the Agreements. Again, some of the provisions in the Agreement conflict with provisions in the Petroleum Revenue Manage- ment Act, 2011 (Act 815). These challenges therefore, stalled the disbursement of funds required to finance critical projects under the MFA. It is against this background and to re-activate the disbursement of the loan that this amendment is proposed for parliamentary approval.”

    So, of course, there were certain things that we ought to have seen as Government, that we did not foresee, so, we have to learn lessons from it.

    Mr Speaker, I would just like to conclude by also referring to page 6 of the Report, titled “Lack of expertise at State institutions”, and I beg to quote:

    “The Committee noted that though other States/countries and/or international organisations that Ghana enters international transaction and contracts with apply themselves diligently to the negotiations, this unfortunately could not be said of the country. In the view of the Committee, this may be partly due to the lack of the requisite expertise at the State institutions.”

    It is not something that is coming to our attention today; it is something that has been in existence for a very long time, and the Committee, therefore, recommends that the legal departments of these State institutions and the Attorney- General's Department be revamped and the capacity of the staff built with the requisite skills and competence required for negotiations in such international transactions and contracts.

    Negotiating along for US$3 billion is not small business. I do not know how much the State spent in terms of payment to advisers. But in the private sector, if you are negotiating for US$3 billion, it takes a lot of money. However, in our country, the Constitution provides that the Attorney General is the principal legal adviser to Government.

    So, whatever any consultant or adviser advises Government on these matters, the Attorney-General and Minister for Justice must give his imprimatur. This should register forcefully on our minds as managers of this country.
    Prof. Gyan-Baffour 1:10 p.m.
    On a point of order.
    Mr Speaker, I am sorry. I think on the note that the former Attorney-General and Minister for Justice left, we should not leave it at that note, that “we should take a look at” --
    Mr Speaker, this is a very dangerous thing and chills are passing through me. This is because when I went to negotiate for the Millennium Challenge Account (MCA), when I got there, the attorneys that came in there outclassed all my attorneys.
    Mr Speaker 1:10 p.m.
    They were outclassed?
    Prof. Gyan-Baffour 1:10 p.m.
    They outclassed them and in fact, I became an attorney myself because I had to be there. So, this is a very serious thing. The next time when I went; I took some private attorneys from Ghana and then, of course, when I came back, I went to his office for them to endorse it. That was when we were able to do that.
    So, Mr Speaker, we should rather go ahead and find a way for Parliament to recommend to the Executive that we have to find all the money to get these Attorney- General Officers trained very quickly. A lot of the problems that we are facing here, probably, are not from the Ministers; they are from those who go in there to do the negotiations. But when they come before us, they become political.
    Mr Speaker, there must be some directive from here to the Executive to make sure that these officers are well- trained, otherwise, we would lose a lot of resources; and we should not let him say they should go and find anything.
    Mr Kojo Appiah-Kubi 1:10 p.m.
    Mr Speaker, I do agree with my Hon Colleagues about the importance of giving a new look to the Attorney -General's Department. But I ask myself, is this the proper place to raise such an important issue? Is it not probably better for us to make a Statement on such an issue or bring a Motion on this important issue, rather than to embed it in a US$3 billion facility? I think --
    Mr Speaker 1:10 p.m.
    You have made your point.
    Mr Terkpeh 1:10 p.m.
    Mr Speaker, inasmuch as the point made in the Committee's Report has some validity, I would also want to emphasise that the staff of the Attorney- General's Department who were involved all along and continue to be involved, have been diligent as well as our staff.
    I wish to put on record that there is some shift now with the current Attorney- General and Minister for Justice considering the support that is required where necessary --
    Mr Speaker 1:10 p.m.
    Hon Minister, the issues being raised, which started with the Hon Member for Old Tafo and which is being canvassed by other Members on the floor
    like the former Attorney-General, Papa Owusu-Ankomah, and the Hon Member for Wenchi, are very legitimate concerns and they did not start from now. It is an issue that should concern this House.
    The one that he is referring to, the Millennium Challenge Account, the Compact, when the then Government went to the United States of America for negotiation, the law could not be implemented; they had to come back for us to amend the law.
    Do we need the United States of America to tell us that the law that we made was not good? They had to bring the law back to this House for it to be amended before implementation, and the same thing is happening here with this amendment.
    The Agreements that we passed in this House are against a law passed by this House, the Act 815. These are legitimate concerns and we should take them in good faith; they are very legitimate.
    Papa Owusu-Ankomah 1:20 p.m.
    Mr Speaker, I would want to end my contribution by also raising a matter which goes to the extent to which we can effectively undertake our oversight function.
    Mr Speaker, I know you will never want to be mentioned personally. Unfor- tunately, because of your vast experience as an Hon Member of this House, I always would like to use you as a reference point because you have personal knowledge of it.
    Mr Speaker 1:20 p.m.
    Provided it does not provoke me and put me in a very difficult situation.
    Papa Owusu-Ankomah 1:20 p.m.
    No! It does not provoke you to enter into a debate.
    Mr Terkpeh 1:20 p.m.
    On a point of order.
    Mr Speaker, with your indulgence, I would wish to state that I know that you have made a contribution and I do not wish to -- But in this instance, our Ghanaian experts got it right. It is the insistence of the international experts including their local advisers that has led us into this situation. We drew their attention to the fact that you could not appropriate 70 per cent of the Annual Budget Funding Amount (ABFA) to any debt service because of the provisions of the ABFA. Their local advisers, inclusive, advised them on the point --
    Mr Speaker 1:20 p.m.
    Hon Minister, with the greatest respect, we are looking at what you brought to the House. What happened behind the scene, we would not know. So, what was brought and which was approved, contradicts a law that has been passed by this House. That is the point. At the end of the day, those local advisers prevailed, and that was what was brought to this House.
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker, with respect to the Hon Minister for Finance, if he could take his time and listen, maybe, he may want to wind up and include those points in his winding up intervention.
    Papa Owusu-Ankomah 1:20 p.m.
    Mr Speaker, I would want to conclude. But I would want to emphasise that when we raise these points, I do not think we are trying to be perjurative to the Hon Ministers or their advisers. These are institutional problems and for some of us -- At least, I know this is my 17th year -- [Hear! Hear!] -- Yes, as an Hon Member of Parliament. I do not intend to return -- [Interruption.]
    But Mr Speaker, you get hit by this fact that -- you come here, you observe these things, Government to Government; it continues. We should make an effort to end it. That is all. That is the point I am making.
    So, Mr Speaker, in respect of Parliament and fortunately, provision has been made in the Budget to engage experts, et cetera. I am pleading that as committees, particularly the Finance Committee, we make use of these funds, so that we can assist the Executive deliver at a minimal cost to this country.
    Mr Speaker 1:20 p.m.
    Hon Minister for Finance, the contribution of Hon Members is not directed at you as a person. I would want you to get that point. He himself had a similar experience with a committee that I belonged to when he was Attorney- General and Minister for Justice. He came back and told me a very interesting story that he had to suspend sleeping up to 3.00 a.m. to correct those things.
    Meanwhile, those things passed through expert hands. So, he is talking from experience and we should just take it on board to improve upon your performance.
    Hon Members, I would take one more contribution and then both sides of the House are ad idem on this matter -- If the two Hon Leaders would contribute, then let me take the two Leaders now.
    Mr I. K. Asiamah 1:20 p.m.
    On a point of order.
    Mr Speaker, when Hon Papa Owusu- Ankomah was speaking, he did indicate to this House -- and I would want him to withdraw that submission. This is because, for us, he is an asset to this House. We need him--
    Mr Speaker 1:20 p.m.
    Hon Member, I would prefer that we expunge it from the record -- [Laughter.]
    Papa Owusu-Ankomah 1:20 p.m.
    That is so. As a politician, you do not make categorical --
    Mr Speaker 1:20 p.m.
    Absolutely -- [Laughter] -- Hon Minority Leader, if you want to make any contribution, make it. After that I would call the Hon Minister for Finance and then we can put the Question.
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker, I think generally, the issue that I would want to articulate have already been mentioned by the Hon Ranking Member and so, I think I would not have much to add to it. That being the case, maybe, I
    would urge my Hon Colleague, the Hon Deputy Leader, if he has anything useful to add, he may and the Hon Minister would wind up for us.
    Mr Speaker 1:20 p.m.
    Hon Deputy Majority Leader, I think you should take a cue from the Hon Minority Leader, so that I can call the Hon Minister --
    Mr Alfred K. Agbesi (NDC -- Ashaiman) 1:20 p.m.
    Mr Speaker, I think that this Report has stated a lot for us to be concerned about. The Hon Ranking Member and the Hon Member for Sekondi have all made useful contributions, particularly on the issue of article 181 of the 1992 Constitution.
    Mr Speaker, I was at a meeting in the Constitutional, Legal and Parliamentary Affairs Committee when they raised the issue about article 181 of the 1992 Constitution and a recent judgment at the Supreme Court over these matters.
    What is instructive enough is that this Committee went further to say that they wanted the Attorney-General and Minister for Justice to appear before them to explain to their understanding why there is a problem with abiding by article 181. What is the problem when they cannot go by that article?
    Mr Speaker, it only shows that as a body, as Parliament, we are faced with a situation where Agreements which should appear before us, for us to be able to deliver, do not normally come before us and when they are being implemented, people or parties that take part in the contracts in Agreement, are found wanting.
    One aspect may involve the Executive, another aspect may involve another party. But invariably, parties in an agreement
    may have performed under an agreement which invariably is declared null and void.
    Mr Speaker, it is a very serious matter, which affects the whole segment of our country and of the Government, for that matter. It is in view that, article 181 of the 1992 Constitution and Agreements that come, that we enter into, must be properly looked at and what has been raised in this Report needs for all of us to look at, so that the recurrence of them must be a thing of the past. This is because we are being asked to amend Agreements because the implementation had come against some obstacles.
    Why should it be so? So, I agree with the sentiments expressed, that we need to look at these Agreements; we need seriously to look at article 181 of the 1992 Consstitution, and the legal advice that has been going to Government, which is becoming a problem for its imple- mentation.
    But as we have said, the former Leader has agreed that some Agreements must come before us, but those things have not been done. I would advise the Hon Minister, so that what should come before us, must come, so that these things would be a thing of the past.
    Mr Speaker, I thank you for the opportunity.
    Mr Terkpeh 1:30 p.m.
    Mr Speaker, thank you very much. I take a cue from the spirit of the House as you directed. If I sounded not defensive of my team, it is not intentional.
    I would want to clarify two issues, and to state that the Government's contribution which has been referenced may come across as a cost to Government.
    rose
    Mr Speaker 1:30 p.m.
    Hon Member for Manhyia South, do you have a point of order?
    Dr Prempeh 1:30 p.m.
    Mr Speaker, I was drawing your mind that if the bell ringer can ring the bell. I do not think we have the numbers. This is such an important issue that we need the numbers to pass it.
    Mr Speaker 1:30 p.m.
    Hon Member, we are not yet there.
    Mr Terkpeh 1:30 p.m.
    Mr Speaker, on this note, I wish to pray to Hon Members to approve the Motion.
    Mr Speaker 1:30 p.m.
    Hon Members, that brings us to the end of the debate.
    Question put and Motion agreed to.
    Mr Speaker 1:30 p.m.
    Hon Members, let us have some order in the Chamber.
    Hon Minister for Finance, consequen- tial Resolution.
    RESOLUTIONS 1:30 p.m.

    Minister for Finance (Mr Seth E. Terkpeh) 1:30 p.m.
    Mr Speaker, I beg to move, that
    WHEREAS by the provisions of article 18 (5) of the 1992 Constitution, the terms and conditions of any international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of majority of all Members of Parliament;
    PURSUANT to the provisions of the said article 181 (5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Finance, there has been laid before Parliament the terms and conditions of a Deed of Security Confirmation, Amendments to the Master Facility Agreement (MFA), Five Party Agreement (FPA) and Accounts agreement (AA) related to the Term Loan Facility amounting to three billion United States dollars (US$3.0 billion) between the Government of the Republic of Ghana and China Development Bank (CDB).
    THIS HONOURABLE HOUSE 1:30 p.m.

    Mr James K. Avedzi 1:30 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 1:30 p.m.
    Hon Members, the issues raised on the floor today, especially with regard to article 181 (5) of the 1992 Constitution, after almost 21 years of constitutional rule, I believe that the time has come for Parliament to engage the necessary stakeholders on this matter.
    Hon Members, article 181 (5) states:
    “This article shall, with the necessary modifications by Parlia- ment, apply to an international business or economic transaction to which the Government is a party as it applies to a loan.”
    I have started the process of consultation with the Leadership and senior Hon Members of this House, so that we can get a bipartisan team to engage the Attorney-General and Minister for Justitice, so that we would see how we can get this issue resolved.
    My recent visit to the House of Commons to understudy the system there, clearly shows that they have made a lot of improvement with regard to scrutiny, and they have established a unit called “Scrutiny Unit,” where experts and others assist committees of the House.
    In fact, we have a partnership with them and I am in discussion with the Clerk to recruit brilliant students, those who have passed out and send them to the House of Commons to be trained and come down and assist in the scrutiny work of this House.
    Hon Members, I thank you very much for your indulgence.
    Mr Alfred K. Agbesi 1:30 p.m.
    Mr Speaker, we are done with the Business of the day. There are some committees billed to meet after adjournment.
    I beg to move, at this stage, that the House do adjourn till tomorrow at 10.00 o'clock.
    Mr Osei Kyei-Mensah-Bonsu 1:30 p.m.
    Mr Speaker, I beg to second the Motion.
    ADJOURNMENT 1:30 p.m.

  • The House was accordingly adjourned at 1.37 p.m. till Tuesday, 19th June, 2013 at 10.00 a.m.