Debates of 21 Jun 2013

MR SPEAKER
PRAYERS 11:10 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:10 a.m.

  • [No correction was made to the Votes and Proceedings of Thursday, 20th June, 2013.]
  • Mr Speaker 11:10 a.m.
    Hon Members, we do not have any Official Report today for correction, so, we move straight to the Business Statement for the Fifth Week,
    Chairman of the Business Committee?
    Mr Alfred K. Agbesi 11:10 a.m.
    Mr Speaker, I would like to present the Business Statement on behalf of the Chairman who is not in the jurisdiction.
    Mr Speaker 11:10 a.m.
    All right.
    BUSINESS OF THE HOUSE 11:10 a.m.

    Mr Speaker, the Committee accordingly submits its Report as follows 11:10 a.m.
    Arrangement of Business
    Statements
    Mr Speaker, your goodself may admit Statements to be made in the House by Hon Members and Ministers of State.

    Bills, Papers and Reports

    Mr Speaker, Bills may be presented to the House for First Reading and those of urgent nature may be taken through the various stages in one day in accordance with standing Order 119. Papers and committee reports may also be presented to the House.

    Motions and Resolutions

    Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.

    Update on the ICT training programme for Members of Parliament (MPs)

    Mr Speaker, the Business Committee wishes to inform all Hon Members that the proposed ICT training programme for them has been rescheduled to take place on Monday, 8th July, 2013 and Monday, 13th July, 2013. The training programme is expected to be held at the Ghana Institute of Management and Public Administration (GIMPA). Other details about the training session would be communicated to Hon Members in due course.

    Conclusion

    Mr Speaker, in accordance with Standing Order 160(2) and subject to Standing Order 53, the Committee submits to this Honourable House, the order in which the Business of the House shall be taken during the week.

    Statements

    Presentation of Papers --

    Report of the Finance Committee on the request for approval of Government of Ghana's Access to the International Capital Market to

    issue a Second International Sovereign Bond (Eurobond) up to one billion United States dollars (US$1,000,000,000 million).

    Consideration Stage of Bills --

    Ghana Investment Promotion Centre Bill, 2013

    Committee sittings.

    Statements

    Presentation of Papers --

    Report of the Committee of Selection on changes in the membership of committees.

    Committee sittings.

    Statements

    Motions --

    (a) Adoption of the Report of the Finance Committee on the request for approval of Government of Ghana's access to the International Capital Market to issue a Second International Sovereign Bond (Eurobond) up to one billion United States dollars (US$1,000, 000,000 billion).

    Third Reading of Bills --

    Ghana Investment Promotion Centre Bill, 2013

    Committee sittings.

    Statements

    Motions --

    Adoption of the Report of the Committee of Selection on changes in the membership of committees.

    Committee sittings.
    Mr Speaker 11:10 a.m.
    Any comment on the Business Statement?
    Dr Anthony A. Osei 11:10 a.m.
    Mr Speaker, last week's Business Statement had a matter which I do not see here. I recall there was an item for a Closed Sitting and Leadership told us that they had met and that they would inform us again, and we are at the end of the week. The Hon Deputy Majority Leader has just read the Business Statement and it was not mentioned.
    I think that it is fair to us, that if it is being postponed, we should at least, be informed. If on the other hand, it is being cancelled, we should know. We know they met and we want to know why.
    We are moving forward in a transparent manner and I can assure the Hon Deputy Majority Leader that there are issues that some of us would want to discuss in a Closed Sitting, to aid the Leadership in moving Parliament forward. If we do not meet there, we cannot assist. So, please, if there are reasons we cannot go on that matter --
    Mr Speaker 11:10 a.m.
    Hon Member for Old Tafo, are you talking of a Closed Sitting or joint Caucus meeting?
    Dr A. A. Osei 11:10 a.m.
    Mr Speaker, there was a joint Caucus meeting and a Closed Sitting. I am referring to the Closed Sitting. I do not mind the joint Caucus meeting, but with the Closed Sitting, there are matters that we know are dear to our hearts.
    Mr Agbesi 11:20 a.m.
    Mr Speaker, the issue about the Closed Sitting is still being discussed. Leadership is still discussing the matter and we shall inform the House appropriately.
    Mr Speaker 11:20 a.m.
    Hon Members, I know that there are some matters we want to take at the Closed Sitting and we would want to get some of those things ready. That was why I was trying to draw a distinction between Closed Sitting and the joint Caucus meeting.
    Leadership of both sides have had some discussions with me about the Closed Sitting and there are certain things we are expecting to be ready to be taken at the Closed Sitting.
    Some of those documentations are not ready and -- I am aware of why the Closed Sitting is being deferred. But for the joint Caucus meeting, I cannot speak for the caucus leaders.
    Dr A. A. Osei 11:20 a.m.
    Thank you, Mr Speaker.
    That was why I limited myself to the Closed Sitting. So, I think it is fair.
    Mr Kofi Osei-Ameyaw 11:20 a.m.
    Mr Speaker, item numbered 3 -- update of the ICT programme for Hon Members of Parliament (MPs) Monday, the 8th of July and Monday, the 13th of July. I think the 13th of July falls on a Saturday and not on a Monday. Perhaps, that can be corrected.
    Mr Speaker 11:20 a.m.
    You are right.
    Mr Agbesi 11:20 a.m.
    Mr Speaker, we are sorry for the mistake.
    Mr Speaker 11:20 a.m.
    So, what day should be there?
    Mr Agbesi 11:20 a.m.
    We will make the necessary corrections --
    Mr Speaker 11:20 a.m.
    What day should be there? Hon Deputy Majority Leader, should it be 15th?
    Mr Agbesi 11:20 a.m.
    Yes, Mr Speaker. It should be Monday, 15th July, 2013.
    Mr Speaker 11:20 a.m.
    Any other comment?
    Hon Members, the House has accordingly adopted the Business Statement for the Fifth Week ending 28th June, 2013.
    Hon Members I have admitted two quick Statements. The first one stands in the name of the Hon Member for Ledzokuku. Given the nature of the Statement, I have discussed with the two sides and only the two Deputy Leaders will comment on it.
    So, the Hon Member for Ledzokuku, you have the floor.
    STATEMENTS 11:20 a.m.

    Mrs Benita Sena Okity-Duah (NDC -- Ledzokuku) 11:20 a.m.
    Thank you Mr Speaker.
    Mr Speaker, I am really grateful to you for this opportunity to read this Statement on the need for calm in the raging chieftaincy dispute in the Ledzokuku Constituency.
    The importance of chieftaincy in any community cannot be overemphasised, and Teshie is no exception. Chiefs are the
    traditional rulers in their communities and they play various kinds of roles that inure positively to the good of their subjects and people. They partner the Government in various ways to ensure that the needed developments are brought to their communities.
    Mr Speaker, as the Hon Member of Parliament for the Ledzokuku Consti- tuency, I will like to use this platform to reach out to all factions in the chieftaincy dispute in Teshie to let peace reign within the constituency. As opposing factions, they will definitely have contrary views from each other 's. However, for the interest of our beloved constituency, they should all agree to discuss the issues rather than resort to violence, for it is said: “To jaw-jaw is better than to war- war.”
    I call on both factions to resolve that unfortunate disturbances that happened yesterday, the 20th of June, 2013 where a life was lost, teachers and school children were left terrified. It must never happen in our constituency again. We, in the constituency, should resolve that never again should we attack people because of differences that exist among us.
    Regardless of the differences in opinion, it is important to note that the people of Teshie belong to one lineage and must at all times protect one another from any form of harm.
    I will also like to encourage all the interested parties to make good use of the avenues earmarked for seeking redress when it comes to chieftaincy issues in Ghana. I believe other relevant bodies and institutions will be more than willing to help find a lasting end to this dispute. I respectfully wish to implore all to avail themselves of this process.
    Mr Speaker, as a people, we cannot continue like this forever. We must find an end to this challenge. I would humbly want to call on the Ghana Police Service and the other security agencies to be firm in maintaining law and order within the constituency. The urgent need to protect life and property in Teshie cannot be compromised.
    I also use this platform to commend the security agencies for their swift response yesterday. Their promptness averted further destruction and harm. But there is a need to do everything possible to consolidate the current fragile peace in the constituency. I am sure the people of Teshie can count on the security agencies.
    Mr Speaker, please, permit me to further use the opportunity to assure the electorate, and the good people of Teshie that their safety and that of their property are assured. There is no cause for alarm nor any form of panic reaction. The security agencies are up to their task.
    My heartfelt condolences go to the bereaved of the one who lost his life yesterday. I share in their grief. I also wish the injured, a speedy recovery.
    Mr Speaker, I believe all are committed to lasting peace in Teshie. And we are certain that sooner than later, we will overcome these skirmishes and help build the Teshie we all yearn for. Yes, we will overcome. Teshie will overcome.
    Mr Speaker, once again, I thank you so much for the opportunity to read this Statement.
    Mr Dominic B.A. Nitiwul (NPP -- Bimbilla) 11:20 a.m.
    Thank you, Mr Speaker, for the opportunity to contribute to the Statement ably made by the Member of Parliament for Ledzokuku.
    Mr Alfred K Agbesi (NDC -- Ashaiman) 11:30 a.m.
    Mr Speaker, I also join the Hon Member for Ledzokuku in appealing
    Mr Speaker 11:30 a.m.
    Hon Members, the second Statement stands in the name of the Member for South Tongu. It is a commemorative Statement.
    The International Olympic Day
    Mr Kobena M. Woyome (NDC -- South Tongu) 11:30 a.m.
    Thank you, Mr Speaker, for granting me this opportunity to deliver this short Statement on the occasion of
    the International Olympic Day, which falls on 22nd June, 2013, that is tomorrow.
    On behalf of Parliament and the Speaker, it is my pleasure to congratulate the International Olympic Committee (IOC) on the occasion of its anniversary.
    This is, perhaps, the most fitting place to commemorate the event, that brings the world together today, even in the midst of the current political turbulence being experienced by other countries.
    The International Olympic Day is very significant, in that, Olympic Games provide a unique opportunity for athletes all over the world to compete in various sporting disciplines. Everybody feels proud of, and wants to actively participate in Olympic Games, in view of its prestige and living legacies. Apart from its competitive nature, it also promotes healthy living and forges friendship among participating individuals as well as nations.
    For us as Ghanaians, the Olympic Games symbolise the renewal and strengthening of our relationship with the rest of the world, thus putting Ghana on the world map. It is in the light of this that I call on the Government and other stakeholders to pay attention to athletics and other lesser-known sports, to enable Ghana, not only participate, but also win medals in Olympic Games.
    Mr Speaker, while celebrating the International Olympic Day, it is worth noting that the success of Olympic Games has thrived on the strong partnerships among public institutions, private entities and civic associations. The lesson we can learn from the success story of the Olympic Games, as a country, is that a strong collaboration among the Govern-
    ment, the private sector and the civil society, is key to the development of the sports sector and the country as a whole. We are therefore, encouraging, in particular private entities to support the efforts of Government in promoting the development of various sports disciplines in the country.
    Let me just say that we, as Members of Parliament (MPs), are delighted to have the opportunity to join in the celebration of this anniversary with the world at large.
    Mr Speaker, I would like to say that we really appreciate all the efforts the Ghana Olympic Committee (GOC) and the Government of Ghana are making to foster our bonds and promote the exchange of knowledge, especially in the field of sports and Olympic heritage.
    The theme for this year's celebration thus: ‘Come, Join the Olympic Family and Let's Celebrate the Day' could not have come at any better time than now.
    I would also like to take this opportunity to congratulate our Black Stars on their victories in Sudan and Lesotho. These victories go a long way to ensure that the dream of every Ghanaian to see the Black Stars qualify once again to the World Cup in Brazil in 2014 remains on course, and gradually, we are getting there.
    Thank you, Mr Speaker, for this opportunity.
    Minister of State (Maj. (Dr) (Alh) Mustapha Ahmed (retd))(MP) 11:30 a.m.
    Thank you very much, Mr Speaker, for the opportunity to associate myself with this important Statement.
    Mr Speaker, as we celebrate the International Olympic Day on this occasion, I think it is also very important for us to consider issues that would
    enhance the sporting activities in Ghana. Mr Speaker, in the past, we used to enjoy the inter-colleges sports activities that occurred in the regions among schools and even at the national level and I think it is losing its importance lately. It is my wish that the Ministry of Youth and Sports would take up the challenge and make this activity even more popular and relevant to the development of sports in Ghana.
    Mr Speaker, I also wish to use this occasion to call on our tertiary institutions perhaps, to set up special scholarship packages for persons who have talents in various sports fields, so that this would serve as an incentive to even promote sports in various fields.
    Mr Speaker, I also would like to use this occasion to celebrate some of our sporting heroes -- Mr D. K. Poison, Professor Barimah Azumah Nelson, Ike Bazooka Quartey, Baba Yara, Abukari, Robert Mensah, Alice Anum, Sandy Osei and a host of others who have done this nation proud.
    Mr Speaker, on this note, I thank you for the opportunity to associate with this Statement.
    Mr Osei B. Amoah (NPP -- Akwapim South) 11:40 a.m.
    Mr Speaker, I beg to associate myself with the Statement ably made by the Chairman of the Committee on Sports, Youth and Culture.
    Mr Speaker, as we celebrate the International Day of the Olympic Committee, it is appropriate that we look at the state of our own Committee in Ghana. When we look at the objectives of the Olympic Committee, they are very laudable. That is why Ghana has been a member of this Comm since independence.

    [MAJ (DR) (ALHAJI) AHMED (RETD)] Ghana has benefited from this Committee because we have participated in various Olympic Games since independence. We have achieved laurels and our youth have benefited from being part of games that have been organised under the Committee.

    Mr Speaker, unfortunately, in recent years, the Ghana Olympic Committee has suffered various differences which led to the banning of our organisation, to the extent that it had to take the threat of the International Olympic Committee to ban us from the Olympic Games in London for us to put our acts together. As we prepare for 2016, it appears that there is not much that we are hearing from the Ghana Olympic Committee.

    If we do not put our acts together, then 2016 would come and go and we would still be here lamenting the state of our sports in this country. Thankfully, all things being equal and with the prayers and support of every Ghanaian, Ghana would qualify for the World Cup in 2014 to be held in Brazil.

    Brazil would also host the Games in 2016 and if we are going to Brazil in 2014 for the World Cup, we should also prepare for Brazil 2016; we should not be mere participants in Brazil 2016. If we want to do well in Brazil in 2016, time is long overdue to prepare for that memorable event.

    We are in 2013, if we put our acts together come 2016, we should be able to achieve something. It is not beyond us. This is because we have won medals at the Olympics level; in soccer, in boxing, in athletics and we should ensure that this time round, when we go, we would not come back empty handed, we would not come back with excuses, we would not

    come back to say that we did not prepare. If we are able to do well at the Olympics, apart from enhancing the image of the country, we motivate the youth, we invest in it and the youth would also see an avenue to shine and make it in life.

    This is my short contribution, I would want to make. We should not just say that today is the day for the Olympic Movement and go to sleep or make Statements and not put in enough that would make sure that come 2016, Ghana's name would be mentioned and would be mentioned creditably. It would not be like just going to march, hold our flag on the first day, go through the march past, go and compete and not make any impact and come back here empty handed.

    With these few words, Mr Speaker, I support the Motion and I thank you and wish Ghana Olympic Committee very well.
    Mr Speaker 11:40 a.m.
    Last comment, the Hon Member for North Tongu.
    Deputy Minister for Education (Mr Samuel Okudzeto Ablakwa)(MP): Mr Speaker, thank you very much for the opportunity to contribute to the Statement ably made by the Chairman of the Sports Committee.
    Mr Speaker, I wish to add my voice to that of earlier speakers in commending the International Olympic Committee (IOC) and to wish them a successful comme- moration tomorrow.
    We all know that Olympic history is a rich one; a history that has brought the world together since the world adapted the Olympic spirit and the Olympic Games from Greece in 776 BC.
    Coming home, Mr Speaker, in recent times, we have expressed concern about the seeming rancour that occurred for quite a while between our Olympic
    administrators and sports officials in Ghana. But we are happy to note that these matters have been resolved and there seems to be a revival and a good spirit of cordiality between the Ghana Olympic Committee (GOC) and sports officials in Government.
    Having said that, Mr Speaker, I wish to also add my voice to that of the Hon Member for Akwapim South, Mr O. B. Amoah, who has expressed concern about our recent poor performances at Olympic competitions. Ghana is becoming a football nation and we have to remember our rich history. We used to do very well in athletics; we used do very, very well in boxing; even in tennis, we were competitive. But in recent years, all we are becoming noted for, is football and that must worry us.
    At the Olympics, you can only get one medal in one sporting fraternity. And there are many, many other sporting disciplines which we can engage in, so that the medals there can be available to us.

    Mr Speaker, we clearly have the potential; we have the capacity; if we look at how young our people are and how far they go deep into the oceans and return with fish and they are always safe. And we observe the swimming that goes on at the Olympic Games; it is clear that with polishing, we can also excel.
    Mr Speaker 11:50 a.m.
    Hon Members, that brings us to the end of Statements.
    At the commencement of Public Business -- Presentation of Papers -- item number 5(i), Hon Minister for Finance?
    Mr Agbesi 11:50 a.m.
    Mr Speaker, with your permission, if we can defer the laying of that Paper --
    Mr Speaker 11:50 a.m.
    Very well.
    Hon Members, let us move to item numbered 6 on the Order Paper -- the Ghana Investment Promotion Centre Bill, 2013 at the Consideration Stage.
    BILLS -- CONSIDERATION 11:50 a.m.

    STAGE 11:50 a.m.

    Mr W. O. Boafo 11:50 a.m.
    Mr Speaker, with your permission, I would like to move the amendment being proposed by the Hon Minority Leader who has asked me to do so.
    Mr Speaker, I beg to move, clause 1, subclause (1), after “enterprises” insert “operating”.
    Mr Speaker, the reason is that the emphasis is more on operating the activity. That is why he would like --
    Mr Speaker 11:50 a.m.
    What is the difference between what is in the Bill and the amendment you are proposing? You need to explain, so that we all follow you.
    Mr Boafo 11:50 a.m.
    Mr Speaker, what is in the Bill is an enterprise in Ghana and it could be misconstrued to mean even an enterprise which is not very active in Ghana. Mr Speaker, we may have an external company which has a mere office in Ghana but does not operate in Ghana. Mr Speaker, we have this distinction of a company operating within Ghana and a company operating or doing business in Ghana. And it is possible that we may have such a situation.
    This is because, Mr Speaker, under the Companies Code, we can have an external company only registered, having only established with just an office in the
    country. So, we have to be more specific in ensuring that we are referring to companies which are very active and operating in Ghana.
    Thank you, Mr Speaker.
    Dr Akoto A. Osei 11:50 a.m.
    Mr Speaker, I have been trying to understand the reasons for this amendment. I looked at the interpretation and there is no definition for “operating” or “very active operating”. So, maybe, if he could tell me what the word “operating” itself means. This is if I establish, I am here. But if he says “operating”, does it mean that nobody is sitting in the office or the office is closed? What does the word “operate” mean? Establish is establish.
    There is where it is said that if I open up, I should operate. I do not even know what “operating” means. So, I think that this amendment is superfluous. It should be for all enterprises in Ghana. I think the thing is that they are in Ghana and that is what is most important. So, I do not see why -- because he then has to tell us what the word “operating” means and then we would get into all kinds of things.
    So, I think that with respect, if it can be stepped down.
    rose
    Mr Speaker 11:50 a.m.
    Hon Boafo, I would get back to you. But let me take one or two comments, then I would get back to you.
    Mr Joseph Y. Chireh 11:50 a.m.
    Mr Speaker, I think that the amendment is not necessary. An enterprise, as far as our law is concerned, must be one that is operating. One does not need to say that “enterprise operating in Ghana”. Why does it have to operate in Ghana and the definition of “enterprise” is given at the Interpretation column?
    I think he wants us to add unnecessary words. We should not allow that.
    Mr George K. Aboagye 11:50 a.m.
    Mr Speaker, I think as the Hon Member for Old Tafo stated, it is superfluous because there are companies that are registered with the Ghana Investment Promotion Centre (GIPC) that are liaison and they set up liaison offices. Nevertheless, they pay their registration with us; we ask them to register with the Registrar-General first. They may have a few complementary staff there, but in essence, being representative companies, they are in operation, so, we do register them and they are enterprises. That is all.
    Mr Mahama Ayariga 11:50 a.m.
    Mr Speaker, I also would want to support the opposition to the amendment on the grounds that the status of being an enterprise is a legal one. Once you take any of the steps that confers on you the legal personality of being an enterprise, then you are captured by this Bill. But once we start talking about operation, the Hon Member for Old Tafo said, you would have a major problem.
    So, let us leave it at the fact that there the legal personality of being an enterprise is defined by law. And once in Ghana, you are registered with the Registrar-General's Department as an enterprise, then you should be captured by this legislation.
    Mr Kofi Osei-Ameyaw 11:50 a.m.
    Mr Speaker, I also support the Hon Member for Old Tafo's argument. When you register a company, you are given a certification of registration. Following the certificate of registration, you are given a certificate of commencement. And that commencement certificate, in a way, gives you the operational mandate to do your work.
    So, with the certificate of commence- ment, that should correct or deal with the situation where the Hon Member for Akwapim North -- is proposing. So, I support the objection.
    Mr Speaker noon
    Yes, Hon Boafo, let me hear from you now. You got the sense of the House. Let me hear from you.
    Mr Boafo noon
    Mr Speaker, rightly so. The opposition to the Bill is very heavy and it appears I am unable to espouse the cause of the Hon Minority Leader very well. If he were to be here, Mr Speaker knows how he would have vigorously pursued the matter. Maybe, my instructions are a limited delegation.
    Mr Speaker noon
    We would continue. If he wants to pass it through a Second Consideration Stage, as an Hon Member of this House, he is entitled so to do. So, you are backing down? What are you doing? Are you withdrawing it for now because you have moved it on his behalf?
    Mr Boafo noon
    Mr Speaker, I would want to invoke your flexibility to stand it down to await --
    Mr Speaker noon
    Hon Boafo, once you have moved it, we need to put the Question. But I think that it is very, very clear; the sense of the House is clear; If you introduce the word “operating”, you may be creating some unnecessary defence. You would be creating a sort of defence for a company that has operated and decided to fold up and if they want to use the law against him, he would say that “Oh, I am not operating”. I think it would bring an unnecessary complication into the law.
    Dr A. A. Osei noon
    Mr Speaker, when he was up, he said that “given opposition to the Bill”. No Hon Member is opposing the Bill. It is the amendment that we are objecting to. As for the Bill, we are for it. So I just want to correct him.
    Mr Speaker noon
    Hon Member for Akwapim North, would you withdraw it? If he comes and he insists, we can take it at the Second Consideration Stage. We

    need to make progress with this Bill. But you have got the sense of the House. It is not going to change when he comes.
    Mr Boafo noon
    Mr Speaker, I would like to withdraw my effort. [Laughter.]
    Mr Speaker noon
    Hon Boafo, what does that mean?
    Mr Boafo noon
    Mr Speaker, it means I am withdrawing it.
    Mr Speaker noon
    Very well. Hon Boafo, the second amendment stands in your name.
    Mr Boafo noon
    Mr Speaker, I beg to move, clause 1, subclause (2), line 2, delete “legislation” and substitute “enactment applicable to enterprise”.
    Mr Speaker, this is just to show some consistency in our legislation. In the process of legislation in the House, we normally try to maintain the words which are familiar to us in the interpretation of the legislation as pertained in the Interpretation Act. What we have in the Interpretation Act, is “enactment” and it is extensively defined. That is why I am coming up with that proposition.
    Alhaji Amadu B. Sorogho noon
    Mr Speaker, I do not have any problem. It is in accordance with the Interpretation Act, so it can pass.
    Mr Speaker noon
    Hon Members, this is a straightforward amendment. It is consistent with all the other amendments that have passed through this House.
    Hon Boafo, why are you adding “applicable” to the “enterprise”? I thought that you would end at “enactment”.
    Mr Boafo noon
    Very well, Mr Speaker, I take the cue. So, I end at “enactment”.
    Mr Speaker noon
    So you are substituting “legislation” for “enactment”?
    Dr A. A. Osei noon
    Mr Speaker, it is the amendment as amended.
    Mr Speaker noon
    Yes, Hon Members, we are ignoring all the words after “enactment” in the new amendment. We are limiting it to “enactment”.
    Question put and amendment agreed to.
    Clause 1 as amended ordered to stand part of the Bill.
    Clause 2 --The Centre
    Mr Boafo noon
    Mr Speaker, I beg to move, clause 2, subclause (2), line 3, delete “or” and substitute “and be engaged or participate in”.
    Mr Speaker, clause 2, line 3 refers to the power to enter into a contract or any other transaction. I believe the Centre is not only expected to enter into a contract. It is expected to participate or engage in exhibitions, conferences and seminars, for the stimulation of investment.
    That is why I am trying to present this amendment which will be consistent with the functions of the Centre as provided under clause 4 (c )-- initiate, organise and participate in promotional activities such as exhibitions, conferences and seminars.” There, we do not enter into exhibitions, conferences. We engage in, or participate or seminars.
    I am done.
    Mr Haruna Iddrisu noon
    Mr Speaker, I would persuade my Hon Colleague to abandon the amendment, as clause 2(2) is traditionally, as it is put in the Bill, and Mr Speaker, with your permission, I beg to quote:
    “For the performance of its functions, the Centre may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction.”
    “Any other transaction” is wholesale enough to take care of they participating in and engaging in.
    Dr A. A. Osei noon
    Mr Speaker, I think that I support the Hon Minister because the term here “any other transaction” -- I think it is sufficient enough that whether or not you participate in a seminar, it is a transaction of some sort, and as much as possible, if we will keep -- This is not going to add anything to what we have.
    I plead with my Hon Senior Colleague that he abandons it. I think this is very clear.
    Mr Chireh noon
    Mr Speaker, I would advise my Hon Friend to let us leave it as a standard provision in our laws. This one is not relating to the functions of Centre as outlined in clause 4. This one is talking about-- As he knows, it is a body corporate and therefore, it can enter into this thing. “Transactions” cover the rest of the activities that they can take on.
    So, I beg him to withdraw the amendment.
    Mr Boafo noon
    Mr Speaker, if the House is of the view that if you organise a conference or seminar, you enter into a transaction, I do not have any objection.
    Mr Speaker noon
    So, are you withdrawing it?
    Mr Boafo noon
    Yes, Mr Speaker, I withdraw it.
    Mr Speaker noon
    Very well. Hon Members, in view of the withdrawal --

    Clause 2 ordered to stand part of the Bill.

    Clause 3 -- Object of the Centre
    Mr Speaker noon
    Hon Minister, do you have any objection to the use of the words “transparent and responsive”?
    Mr H. Iddrisu noon
    Mr Speaker, rightly so.
    Mr Speaker noon
    What is your objection?
    Mr H. Iddrisu noon
    Mr Speaker, I would wish that we maintain the original rendition as in the Bill, which says that with your permission I beg to quote:
    “The object of the Centre is to
    (a) create an enhanced environment for and the development of the Ghanaian economy through investment;
    and
    (b) encourage, promote and facilitate investment in the country.”
    The GIPC is the institution which will facilitate and enable investment promotion generally in the country. Climate is climate, and like during the Second Reading, they would have to do so together with major economic policies of Government to get the economic climate right.
    Mr Speaker noon
    But if they say you should do it in a transparent manner, does it cause any harm to the legislation?
    Anyway, I do not know, but it has not been moved. So, I just would want to get the sense of the Hon Minister, then I get the sense of the House whether we should defer it or I should put the Question, so that if the Hon Minority Leader comes and feels strongly about moving it, then at the Second Consideration Stage, he can avail himself

    of those rights entitled to any Hon Member of the House.
    Dr A. A. Osei noon
    Mr Speaker, I thought it had been moved. But I would want the Hon Minister to consider the fact that I believe that the words “transparent and responsive” are more specific than “enhanced”. So, it adds some value. The word “enhanced” is too general but “transparent and responsive”, at least, we all understand what it is.
    Mr Speaker, “enhanced” means any other thing. So, I do not think he should find it so objectionable that it cannot be moved. It does not hurt anything.
    I plead that the Hon Senior Member of the House move this amendment on behalf of the Leader, so that we can add it.
    Mr Emmanuel K. Bandua noon
    Mr Speaker, I believe that “enhanced” is more embracive. This is because we cannot list all the attributes that would enhance the operation of the Bill.
    Mr Speaker noon
    How does the “enhanced”, “embrace”, “transparent”? -- If we are passing a law and we say that something should be transparent, what is wrong with it? Anyway, it has not been moved.
    Hon Members, should I defer it or we put the Question, so that --
    Prof. George Yaw Gyan-Baffour noon
    Mr Speaker, when you look at the Long Title, these words are clearly spelt out there, and I think that is where the Hon Minority Leader picked them from. Mr Speaker, with your permission, I beg to quote:
    “AN ACT to provide for the Ghana Investment Promotion Centre as the agency of Government responsible for the encouragement and promotion of investments in Ghana;
    and to provide for the creation of an attractive incentive framework and a transparent, predictable and facilitating environment…”
    That is where I think the Hon Minority Leader picked it up from and used it here. So, I do not think it is anything that we should frown upon.
    Mr H. Iddrisu noon
    Mr Speaker, the Long Title, eventually, would be part of it when it is passed. Therefore, the presumption, very strongly, is that in creating an enabling environment -- For instance, it would have to do with how friendly are our legislations, how friendly are our institutions, how good are our micro- economic indicators, the inflation and others, all that affect the investment climate.
    So, I think that since the Long Title is part of this, it would be --
    Mr Speaker noon
    So, if it is in the Bill and it is being put in one of the clauses, what harm does it cause to the Bill?
    Mr H. Iddrisu noon
    Mr Speaker, I have no objection, we can add it.
    Alhaji Sorogho noon
    Mr Speaker, I think we need to make progress. I do not think it would cause any harm. It would only go to enhance it. So, I do not have any problem at all.
    Mr Chireh noon
    Mr Speaker, I would want to move the amendment proposed by the Hon Minority Leader.
    Mr Speaker noon
    Yes.
    Mr Joseph Y. Chireh (on behalf of Mr Osei Kyei-Mensah-Bonsu) noon
    Mr
    Speaker, I beg to move, clause 3, paragraph (a), after “enhanced” insert “transport and responsive”.
    These are descriptive words which would encourage every investor to come to Ghana, knowing that this Centre is going to be transparent in its operations and it would be responsive to issues that arise from whatever transactions they undertake with the Centre.
    I, therefore, urge my Hon Colleagues to support this amendment.
    Dr A. A. Osei noon
    Mr Speaker, I rise to support the amendment.
    But in speaking earlier, I thought the Hon Minister had given us a way out? Instead of the “enhancement”, he said “enabling”.
    Mr Speaker, “enabling” is better than “enhancing” and it would cover all those words. So, I thought he was going to move the amendment by moving “enhanced” to “enabling”, then we do not need this. But if it is not, then I think we should go along with this.
    Prof. Gyan-Baffour noon
    Mr Speaker, that word “enabling” has been overused. They say “enabling” and they do not enable anything. So, I do not think -- [Laughter.]
    Mr Speaker noon
    Hon Members, I would put the Question on the amendment standing in the name of the Hon Minority Leader, which was moved on his behalf by the Hon Member for Wa West.
    Question put and amendment agreed to.
    Mr W. O. Boafo noon
    Mr Speaker, I beg to move, clause 3, paragraph (b), before “encouraged”, insert “control”.
    Mr Speaker noon
    Have you finished moving?
    Mr Boafo noon
    Yes, Mr Speaker.
    Mr Kwasi Amoako-Attah noon
    Mr Speaker, I am not in favour of the word “control”. The Centre is not supposed to control any investment in the country. The Centre, as part of its statutory responsibilities, is to monitor any investment being undertaken in the country.
    I would rather prefer the word “monitor” and not “control”. This is because owners of businesses are supposed to control their own businesses.
    Mr Speaker noon
    Hon Member, the “control” and the “monitoring” do not send the right signal. Why do you not say “regulate”? If you say “control”, “control” and “monitor” -- Anyway, let me get the sense of the House.
    Mr H. Iddrisu noon
    Mr Speaker, investors would not ordinarily find the word “control” or “regulation” positive, and we would plead with our Hon Colleague. For instance, if we say “control”, it would create panic, that in coming to invest, we want to direct which areas they want to be able to invest in our economy.
    In a liberalized economy, we want to attract more investment; we want to make Ghana more competitive, relatively. And I think that we would persuade him to step that down and we take it as it is.
    Prof. Gyan-Baffour 12:20 p.m.
    Mr Speaker, I think I will urge the Hon Member to remove the word “control” because we have actually moved away from “controls” almost 20 to 30 years ago. We are now in liberalized economy and the word “control” is no longer acceptable. So, I guess we should not bring “controls” in any private sector operation that we make a law for.
    Mr Osei-Ameyaw 12:20 p.m.
    Mr Speaker, I tend to share your idea of “regulate”. The Centre should be able to regulate investment as well and I think in substitu- tion for what the Hon Member has said, we should consider “regulate”. The whole Bill is to regulate the environment.
    Mr Speaker 12:20 p.m.
    Hon Member, if you look at clause 41, which deals with regulations, I think that will take care of the point that I have made. But I think that the point made by the Hon Member for Wenchi is -- But if you look at clause 41 and I think under 41, the Centre can do all the things that they want to do.
    Yes, let me hear from you, Hon Members for Wa West and Okaikwei Central.
    Mr Chireh 12:20 p.m.
    Mr Speaker, I think that the word “control” is not good; “regulate” is even worse because the Centre is not a regulatory one. We have regulatory bodies as opposed to promotional bodies. These are supposed to encourage people to come and invest. But if you are going to regulate them even before they deal with you -- It is not good.
    So, I urge him to withdraw the amend- ment.
    Dr A. A. Osei 12:20 p.m.
    Mr Speaker, I support the Hon Member from Wa West. We are looking at the Object of the Centre, so, we should use words that will attract investors. The words “control” and “regulate” are not -- In any case, if you look at the functions, we have spelt out enough functions; some of which imply, monitor and all others which are there. So, here, we want to attract them by leaving it at “encourage”, “promote” and “facilitate”. It is more inviting than this word about “regulation.”
    rose
    Mr Speaker 12:20 p.m.
    I will take the last three contributions -- Hon Members for Ahanta West and Okaikwei Central, and of course, the Deputy Majority Leader.
    Mr George Kwame Aboagye 12:20 p.m.
    Mr Speaker, this Bill is moving away from controls. The Ghana Investment Centre Act which was enacted under the PNDC Law -- That one was regulatory and then we have come to the Ghana Investment Promotion Centre, which is promotional. We are going further, even given the global circumstance to ease the way of doing business. So, words like “control”, “regulate” and all those things would scare off investors.
    We want to encourage them, facilitate and so on and so forth.
    Mr Patrick Y. Boamah 12:20 p.m.
    Mr Speaker, I was just drawing the attention of my Hon Colleague from Atiwa West to clause 37 -- the monitoring functions of the Centre -- that the Centre has also been given the monitoring functions. So, he should not worry so much if the word “monitoring” comes before clause 3 (b).
    It has been catered for, Mr Speaker.
    Mr Speaker 12:20 p.m.
    Very well.
    Mr Agbesi 12:20 p.m.
    Mr Speaker, looking at the trend of events, I think our Hon Colleague should withdraw the amend- ment.
    If you look at the functions contained in the Memorandum, it says that the Centre is to -- and Mr Speaker, with your permission, I beg to quote:
    “Clause 4. The Centre shall for the purpose of attaining its object, actively promote investments into and within Ghana, and shall:
    (b) initiate and support measures that will enhance investment climate”.
    Not to control.
    Mr Speaker 12:20 p.m.
    I thought that in reference to clause 37 -- I think that solves the problem.
    Mr Agbesi 12:20 p.m.
    Very well.
    Mr Speaker 12:20 p.m.
    The kind of fears that the Hon Member for Akwapim North has, I think, have been addressed by the clause that the Hon Member for Okaikwei Central drew our attention to.
    Mr Osei-Ameyaw 12:20 p.m.
    Mr Speaker, in order to avert all this, why do we not add “attract”? [Interruption] -- This is because the promotion is different from attraction -- to attract investment into the country.
    Mr Edwin Nii Lantey Vanderpuye 12:20 p.m.
    Mr Speaker, I would beg Hon Members to look at it critically, so that we do not confuse functional responsibilities with objectives.
    The objectives have been spelt out clearly and the functions are also there. Sometimes we draw functions out of the main objectives. So, looking at the way it is phrased -- to encourage, promote and facilitate investment into the country -- I think it embodies the spectrum of the work of the Centre.
    Mr Speaker 12:20 p.m.
    No! Should I put the Question or you want to withdraw the amendment? [Interruptions] -- Who moved It? The amendment was moved by Hon Boafo. Yes, it is Hon Boafo who moved the amendment.
    Mr Boafo 12:20 p.m.
    Mr Speaker, the point is that the reason for objecting to the proposal is the fact that we are moving from the control system. When we come to clause 37, we may have to have a look at it. If we are to accept the reason for objecting to “regulate” or “control” then when we come to clause 37, where specific provisions are made for monitoring, that also will need reconsideration. Otherwise, the reasoning for objecting to the proposed amendment cannot stand.
    Mr Speaker 12:20 p.m.
    So, you want me to put the Question?
    Mr Boafo 12:20 p.m.
    Mr Speaker, you can put the Question.
    Mr Speaker 12:20 p.m.
    Very well.
    Question put and amendment negatived.
    Question put and amendment agreed to
    Clause 3 ordered to stand part of the Bill.
    Clause 4 -- Functions of the Centre,
    Alhaji Sorogho 12:20 p.m.
    Mr Speaker, I think that even though the Hon Minority Leader is not here, I would own that one and wish that it goes. We do not have any problem with it.
    Mr Speaker 12:30 p.m.
    Then move it; he is not here.
    Alhaji Sorogho 12:30 p.m.
    Mr Speaker, I move it in his absence.
    Mr Speaker 12:30 p.m.
    Hon Chairman, move the amendment.
    Alhaji Sorogho 12:30 p.m.
    Mr Speaker, I move, line 2, delete promote” and substitute with “encourage, promote and facilitate”.
    I so move.
    Question put and amendment agreed to
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, having been in the Parliament for a long time, I just need your guidance. The words here, “facilitate investment”, what exactly do they mean? How do you facilitate investment? We have used them in clause 3 and we are using them again here. It says “facilitate investment”; what does “facilitate investment” mean?
    You can facilitate a process but “facilitate investment”; that English Language seems to be odd.You have been making laws for a long time, since 1992, so, I thought I would seek your guidance.
    Mr Joseph B. Danquah 12:30 p.m.
    Mr Speaker, we have already moved and you have also put the Question. But in actual fact, in answering my Hon Colleague, we, as facilitators, we always assist. That is what facilitation means. When you are facilitating, you are assisting, you are making sure the paths are always open for the investor. That is what facilitation does and that is what --
    The promotion of the Centre is to encourage investors and investments, so that even if you are working with the
    Ghana Immigration Service and you are having problems, it helps and assists you to make sure you get what you want.
    Mr Speaker 12:30 p.m.
    The point that he is raising is more of grammar. Do we “facilitate investment”? That is the question that is being posed.
    Mr Boafo 12:30 p.m.
    Mr Speaker, I think the idea is to facilitate the process of investment; all the processes connected with investment. We promote and encourage, and at the same time, we try to expedite and facilitate the process of investment and it is implied -- the process of investment is implied.
    Mr G. K. Aboagye 12:30 p.m.
    Mr Speaker, this is a conscious effort of the Centre to make sure that the investor gets all the services necessary to make his project a reality. So, it could be Immigration, it could be Customs, it could be anything. But we should make sure that we guide the investor, hold his hand, pass him through the process --
    Mr Speaker 12:30 p.m.
    Hon Members, the point the Hon Member for Old Tafo is raising is that, do we use the word? Do we quality it or we just leave it at “facilitate”?
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, I am willing to accept -- He says it is implied; that one, I can accept. But as for where he is going, I am not sure it answers my question. The Senior Hon Member said the word “process” is implied in here. If that is how it is taken to be, I do not have any objection at all.
    Mr Speaker 12:30 p.m.
    Hon Members, is it implied?
    Mr Chireh 12:30 p.m.
    Mr Speaker, it is implied, and more so, you know in business, you have facilitation which really is more of promotion, of making sure that you give all the incentives, everything that will make the business want to be-- So, I think it is very, very much in place.
    You have already put the Question, so I think it remains.
    Mr Speaker 12:30 p.m.
    Hon Members, once the House thinks that it is implied. But we still have an opportunity. If you think otherwise, we can look at it at the Second Consideration Stage.
    Hon Members, I have pronounced on the voice vote on this clause.
    Chairman, are you moving the one on behalf of the Hon Minority Leader?
    Did you have winnowing yesterday?
    Alhaji Sorogho 12:30 p.m.
    We did the winnowing yesterday, but because he himself was not there, it did not help us. But Mr Speaker, even if he were to be present, I was going to oppose that one because it does not sit well with the amendment. I do not know. An Hom Member may move, but I will definitely oppose that one. [Interruption.]
    An Hon Member 12:30 p.m.
    Then he should keep quiet.
    Mr Speaker 12:30 p.m.
    No! He is being honest as a Chairman because he moved on behalf of the Hon Minority Leader. But he says he cannot move this one but if an Hon Member moves it, he is going to oppose it. He is being very honest.
    Hon Boafo, will you attempt?
    Mr Boafo 12:30 p.m.
    Mr Speaker, with your permission?
    Mr Speaker 12:30 p.m.
    Very well.
    Clause 4 -- Functions of the Centre
    Mr Boafo 12:30 p.m.
    Mr Speaker, I beg to move, clause 4 -- paragraph (a), line 1, delete “formulate” and substitute with “make recommendations” and further delete “policies” and substitute with “pro- grammes.”
    Mr Speaker, the amendment is in respect of paragraph (a), line 1 -- they are in two parts. The first one deals with the word “formulate” and the second one deals with the word “policies”.
    Mr Speaker, I will make an attempt to justify “formulate”. I believe that what motivated the Hon Minority Leader in coming up with the proposed amendment, is the fact that the Board is supposed to be an advisory body and is not required to formulate policy but to make recommendation in respect of policies formulation to the appropriate body, be it the Hon Minister or the Office of the President, if we should settle on that issue.
    So, Mr Speaker, that is why the Hon Minority Leader is coming up with this proposed amendment. It is just to situate the Board in the position of an advisory body.
    Mr Speaker 12:30 p.m.
    The jurisdiction is conferred by statute, so they must have it before they make the recommendations.
    We are talking about the Centre; we are talking about the institution as a whole.
    Mr Boafo 12:30 p.m.
    Mr Speaker, clause 4 deals with the governing body of the Centre, that is the Board.
    Mr Speaker 12:30 p.m.
    Clause 4 is the “Func- tions of the Centre.
    Mr Boafo 12:30 p.m.
    I am sorry, Mr Speaker.
    Mr Speaker 12:30 p.m.
    So, we are talking about the Centre as an institution and we are giving them the functions that they are supposed to perform.
    Mr Chireh 12:30 p.m.
    Mr Speaker, I think that changing this whole thing by deleting “formulate” is not the best.
    When you talk about investment, Government may have policies generally, but the Centre is going to be established to be able to formulate policies and advise. What I am saying is that, you have not asked it to do one specific thing and therefore, after it has done so, then you make recommendations to Government.
    It is to do, generally, and in terms of policy formulation, policy cannot just originate from the top most person, it has to be from the institutions below. They will look at detailing the policies in other countries and formulate the policies to take into account what we want in Ghana.
    So, I think that the amendment should not be supported.
    rose
    Mr Speaker 12:30 p.m.
    Hon Boafo, Hon Member for Old Tafo, and then the Chairman and the Minister.
    Prof. Gyan-Baffour 12:30 p.m.
    Mr Speaker, I think maybe, the Hon Minority Leader read this thing as if it is formulation of government policies. This is not about government policies; it is about policies relating to promotion which is actually vested in the Centre. So, I do not think the amendment will be useful at the point.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, the Hon Member and I were not there when the Minority Leader -- [Laughter.]
    Mr Speaker 12:30 p.m.
    Hon Member, are you going there.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, I think that the amendment should be stood down because as you said, we are talking about the Centre.
    Mr Speaker 12:30 p.m.
    Hon Members, this amendment does not sit well with it at all. Hon Boafo's own amendment was talking about the governing structure of the Centre but he realised that it had nothing to do with that. So, what I want to do for us to make progress is that, we will go ahead, if the Minority Leader comes and still wants to make a case for the House to agree or not -- so that we can make progress. Very well.
    What about the next amendment?
    Mr H. Iddrisu 12:40 p.m.
    Mr Speaker, the next amendment is itself misplaced. “Ideal investment” is more preferred than “secure investment”. When you invest, you would want the investment to be protected, that is when you use “secure”. But “ideal” means what makes you relatively a better place to do business. --
    Mr Speaker 12:40 p.m.
    What about joining the two together?
    Mr H. Iddrisu 12:40 p.m.
    “Ideal” and “secure”, Mr Speaker, when we go into the Bill, you have provisions against expropriations and others which will deal with giving security to investment.
    Mr Speaker 12:40 p.m.
    Hon Members, I want to put the Question on clause 4. But let me hear the last one on clause 4 standing in the name of Hon Boafo.
    Mr Boafo 12:40 p.m.
    Mr Speaker, it is withdrawn.
    Mr Speaker 12:40 p.m.
    Very well. Hon Members, taking the sense of the House, I would put the Question on clause (4).
    Question put and amendment agreed to.
    Clause 4 as amended ordered to stand part of the Bill.
    Mr Speaker 12:40 p.m.
    Hon Members, that brings us to the end of the Consideration Stage of the Ghana Investment Promotion Centre Bill, 2013 for today.
    Hon Members, what is the sense of the House? Today is Friday. [Interruption.] Deputy Majority Leader, I would want to get the sense of the House from the Leadership.
    Mr Alfred K. Agbesi 12:40 p.m.
    Mr Speaker, I beg to move, that this House do now adjourn to Tuesday, the 25th of June at 10.00 o'clock in the forenoon.
    Mr Dominic B. A. Nitiwul 12:40 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    ADJOURNMENT 12:40 p.m.

  • The House was accordingly adjourned at 12.45 p.m. till Tuesday, 25th June, 2013 at 10.00 a.m.