Debates of 11 Jul 2013

MR SPEAKER
PRAYERS 10:45 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:45 a.m.
Mr Speaker 10:45 a.m.
Hon Members, Correc- tion of the Votes and Proceedings of Wednesday, 10th July, 2013.
Page 1 … 12--
rose
Mr Speaker 10:45 a.m.
Yes, Hon Member?
Dr Assibey-Yeboah 10:45 a.m.
I have been upstanding for some time but I can understand, it is difficult to catch your eye.
Mr Speaker 10:45 a.m.
Sorry, Hon Member. Which page?
Dr Assibey-Yeboah 10:45 a.m.
Mr Speaker, page 6, item 4, number 14-- I have been marked absent but I was here yesterday.
Dr Assibey-Yeboah 10:45 a.m.
Yes, I always come.
Mr Speaker 10:45 a.m.
Were you in the House yesterday?
Dr Assibey-Yeboah 10:45 a.m.
Yes, Mr Speaker.
Mr Speaker 10:45 a.m.
Very well. Table Office to take note.
  • [No correction was made to the Official Report of Friday, 5th July, 2013.]
    • Mr Speaker 10:45 a.m.
    Hon Members, Question time.
    We have the Hon Minister for Educa- tion in the House to answer a Question from an Hon Member.
    Hon Member for Agona West?
    ORAL ANSWERS TO QUESTIONS 10:55 a.m.
    MINISTRY OF EDUCATION 10:55 a.m.
    Minister for Education (Prof. Naana Jane Opoku-Agyemang) 10:55 a.m.
    Mr Speaker, I am particularly happy that this Question has been posed at a time when there are teachers and pupils in the House.
    As I have summarised in the Answer to you, this is a Question of much concern to all of us. Even though it is an old Question, it still remains relevant.
    We are very much concerned about the rate of reporting about teacher absen- teeism, especially at the basic level across the country. This report has come from
    the media, parents, civil society, non- governmental organisations and development partners. It has been mentioned at national annual sector reviews over the years, including the one that we had just a couple of months ago.
    On assumption of office as the Minister for Education, teacher absenteeism and the general response of education workers to their mandatory responsibilities are areas of my greatest concern. I have made this known at all meetings that I have organised for the teacher unions, Regional and District Directors of Education. I have emphasised to the Director-General of the Ghana Education Service (GES), the need for stiffer sanctions to teachers who flout the code of conduct for teachers in the country.
    All the teachers in the country are enjoined to adhere to the code of conduct. Excerpts of the code intended to check teacher absenteeism include the following:
    1. A teacher shall report for duty in good time before school work begins.
    2. Time for reporting for duty and closing shall be determined by the head of the institution in relation to the school time table.
    3. No teacher may leave the school during school hours without the permission of the head of the institution.
    4. A teacher leaving the school for duty elsewhere shall inform his/ her head of his/her whereabouts to facilitate his/her recall in an emergency.
    5. A teacher shall not absent himself/ herself from work on grounds of ill-health without permission from his/her head and subsequent submission of a medical certificate from a certified medical practitioner if he/she has to be absent for more than five (5) working days.
    6. A teacher shall not absent himself/ herself from assigned work without permission.
    7. It is misconduct for a teacher to absent himself/herself from duty for one (1) or more days continuously without per- mission or reasonable excuse or cause.
    8. A teacher who absents himself/ herself from duty continuously for ten (10) days or more shall be deemed to have vacated post.
    9. No teacher shall leave Ghana without a written permission from the Director-General of the Ghana Education Service sought through appropriate channels.
    The sanctions as outlined for teachers who do not comply with these codes are as follows:
    1. Warning or reprimand (plus surcharge where applicable, to be given in writing always for record purposes).
    2. Queries to the teachers concerned by their heads and sometimes by the Directors of Education.
    3. Invitation of the teachers concerned to face the disci- plinary committee.

    4. Forfeiture of pay for the number days absent.

    5. Suspension with loss of pay and/ or allowance (for a period of not more than one month).

    6. Stoppage of increment. (This means non-payment for a specified period of an increment otherwise due for one year.)

    7. Disciplinary transfer.

    8. Termination of appointment where necessary.

    The sanctions are very clear. What remains is their enforcement. At the recently held National Education Sector Review, concerns about teacher absenteeism were highlighted for stakeholder attention. A number of recommendations have been proposed and we are studying them for the time being before we go on to their implementation.

    Measures to address Teacher absenteeism

    My observations are that the Ghana Education Service rarely applies the sanctions stated due to lack of proper supervision. This situation prevents the collection of adequate information to sanction officers who flout these regulations. Yet, in some cases, there is collusion between senior staff responsible for taking actions, meant to stop the practice and the perpetrators. This often results in perpetrators going unpunished and therefore, encouraging persistence in their wrongdoing.

    I have indicated my intention to expunge such practices in the system and my recent unannounced visits to the
    Minister for Education (Prof. Naana Jane Opoku-Agyemang) 10:55 a.m.
    I have instructed the Director-General and her team at the national, regional, district and circuit levels to adopt this approach and to report on all such visits, even in the media, to draw public attention to the challenge and elicit public discussions on tackling the problem.
    In furtherance of this commitment, I have also directed the Director-General of the Ghana Education Service to intensify the supervision of schools and ensure that punitive sanctions are taken against all those who flout the code of conduct for teachers, especially, regarding teacher absenteeism in schools. This includes District Directors of Education who are found generally to be lax in their response to dealing with the practice.
    I have also directed the Chief Inspector of Schools to present to me a schedule of the school inspection procedures and to submit to my office a monthly report on teacher absenteeism from their school inspection visits.
    There is need for strengthening the structures established at the district level to support supervision and school administration. Here, I have also tasked the Director-General to initiate processes to identify District Education Oversight Committees (DEOC) that are not functioning effectively.
    A meeting is soon to be organised with the Metropolitan, Municipal and District Chief Executives of the areas identified to emphasise the important role that the DEOC plays in improving the quality of education in their respective localities.
    Mr Speaker, the GES is implementing a School Report Card system, which includes checking the attendance of both
    pupils and teachers. In a recent analysis of teacher attendance in 41 deprived districts, the evidence was that teacher attendance is very poor in these areas, and you have the Table in front of you.
    Teacher attendance at the district level (41 deprived districts)
    I have as well directed the Director- General to meet the Directors of these districts to discuss the situation and instruct them to state in specific terms how they will reverse the poor teacher attendance in their distr icts. The performance of these Directors will be measured against the actions they propose and appropriate action will be taken against those who do not produce the expected results as indicated.
    This activity will be extended to all districts in order to make District Directors more responsible for the delivery of education in their areas of authority.
    The Ministry is committed to supporting the GES to strengthening its own structures. This is very important. The Ministry works with some 22 agencies and units and the strategy is to strengthen each of them to be able to perform as creditably as we think the Ghanaian children deserve. When this is done, we can improve teaching and learning as well as school management to enable them function effectively. In effect,
    SPACE FOR TABLE - PAGE 3 -

    the GES has been directed to intensify its collaboration with communities and to ensure that school performance appraisal meetings are organised to create opportunities to deepen community interaction in schools. While this is not a new measure, participation in these activities has been poor and decisions taken at these have rarely been implemented.

    The Director-General is required to submit to the Hon Minister, quarterly information on school performance appraisal meetings held and the specific actions taken in response to recommen- dations made at such meetings to eliminate teacher absenteeism. Such, believe, would begin to eliminate teacher absenteeism. Since such meetings are supposed to be done termly, it is expected that the community structures will get seriously involved in the day to day monitoring of the schools.

    I would like to use this platform to urge the teacher unions to continue to co- operate with the Ministry in raising the level of professionalism with their members. I have decided to raise this at

    my meetings with the unions and to use the opportunity that forum offers to engage the leaders of the unions to change their positions. Their involvement will bring significant progress to the efforts that I have raised to address the problem of teacher absenteeism.

    Mr Speaker, I wish to state that I will need the assistance of all Hon Members of Parliament to tackle this problem. I also look forward to counting on the Assemblies and the community structures, including the media to support the Ministry's intention to stop the unpro- fessional practice of teacher absenteeism.

    It is my greatest expectation that as Parliament and the Executive work together to accelerate the implementation of education decentralisation, local authorities will be empowered to fast- track some of their decisions towards addressing behaviours such as teacher absenteeism and consequently impact positively on pupil learning achievement and education outcomes.

    Mr Speaker, here is my submission.

    Thank you for the opportunity.
    rose
    Mr Speaker 11:05 a.m.
    Do you have any supplementary question?
    Mr Obeng-Inkoom 11:05 a.m.
    Mr Speaker, just a small one. It relates to the measure as outlined at page 14 of the Order Paper and it is about reorganising the District Education Oversight Committees.
    I would like the Hon Minister to give us a fair idea of a timeline that she expects this initiative to have been put in place.
    Mr Obeng-Inkoom 11:05 a.m.
    Mr Speaker, I am done.
    Mr Joseph Z. Amenowode 11:05 a.m.
    Mr Speaker, I thank you for the opportunity to ask the Minister for Education a question on the sanctions outlined for recalcitrant teachers, especially those who absent themselves and I am looking at the disciplinary transfer.
    Mr Speaker, I would want to know from the Hon Minister whether she thinks transfers should be linked with disciplinary measures. This is because I believe this would have negative effect on proper transfers.
    Prof. Opoku-Agyemang 11:05 a.m.
    Mr Speaker, I find this question very interesting because the regulations, as we have them in the code of conduct, are what are here and again, this is a document under review. If he asks for my personal opinion, I also do not believe that transfer should be a tool of sanction because the same behaviour may be transferred elsewhere.
    We need to be able to deal with this problem decisively and when our revised document is ready, he would see a different thing from what we have here.
    Alhaji Ibrahim D Abubakari 11:05 a.m.
    Mr Speaker, I would want to know from the Hon Minister-- in her Answer, she said that the sanctions are clear but what remains is their enforcement. We all know that in this country, enforcement of sanctions is one of our problems.
    I would want to know whether she can give us an example of people who have been punished or at least, sanctioned and the impact of that one so far. I cannot see anything that shows any impact -- people act with impunity. So, I would want to know whether there are examples of people who have been punished and what the impact so far is.
    Alhaji Abubakari 11:05 a.m.
    Mr Speaker, my question is, I would want to know from the Hon Minister whether there are specific examples of people who have been punished with those sanctions she has mentioned and what has been the impact so far on GES.
    Mr Speaker 11:05 a.m.
    He wants to find out whether you have been invoking these sanctions and what is the impact of these sanctions if you have ever invoked them.
    Prof. Opoku-Agyemang 11:05 a.m.
    Mr Speaker, definitely, these sanctions have been invoked, they have been imposed, they have been carried out. Recently, as part of my submission, I made reference to unannounced visits and because the schools did not know I was arriving, we saw all kinds of situations and action has been taken. That is not our wish but we will take the action as applied and we will follow through.
    It does not give us any joy to sanction anyone but the effect is to let all of us sit up and take our work seriously.
    Mr Simon E. Asimah 11:05 a.m.
    Mr Speaker, I would want to find out from the Hon Minister the impact of teacher absenteeism and the result from our institutions.
    Mr Speaker 11:05 a.m.
    Hon Member, your question again.
    Mr Asimah 11:05 a.m.
    Mr Speaker, if you look at the last paragraph of the Hon Minister's Answer, she said that absenteeism and the impact on pupil learning achievement and educational outcomes-- So, my question is, if the Hon Minister can give us a fair idea of the impact of absenteeism of teachers from schools on the results that we obtain from the institutions.
    Mr Speaker 11:05 a.m.
    You have not laid sufficient foundation but I will let the Hon Minister answer the question.
    Prof. Opoku-Agyemang 11:05 a.m.
    Mr Speaker, a school curriculum is drawn based on many variables. One of the most important variables that should lead to evaluation has to do with the terms spent on task. Therefore, the number of hours that a lesson should take has a lot of implications for the learning outcomes. Therefore, when a teacher stays away from class or does spend the time required on task, it has instant negative implications for the learning process.
    If you look at global statistics for example, you would notice that in Japan, the average time spent in the course of the semester or the term is about 1,440. In Nigeria, it is 1,080; in Ghana, it is below 900. So, definitely, if we do not do anything about absenteeism, we cannot expect the high results that should match the great investment that this country makes in education.
    Mr Speaker 11:05 a.m.
    Hon Members, that brings us to the end of --
    rose
    Mr Speaker 11:15 a.m.
    Hon Member for Ho West, do you have a question?
    Mr Bedzrah 11:15 a.m.
    Mr Speaker, not exactly.
    Mr Speaker, I crave your indulgence. I filed a Question which --
    Mr Speaker 11:15 a.m.
    Hon Member, wait. Let me discharge the Hon Minister since she has nothing to do --
    Hon Minister for Education, we thank you very much for attending upon the House to respond to Questions from Hon Members.
    You are discharged.
    Mr Bedzrah 11:15 a.m.
    Mr Speaker, I submitted a Question to Leadership and it was admitted by the Business Committee. It was even advertised yesterday that today, the Health Minister will be here to answer my Question. Unfortunately, today, I cannot even find the Question on the Order Paper and I would want to find out from Leadership what is going on.
    Dr A. A. Osei 11:15 a.m.
    Mr Speaker, I would want to crave your indulgence to ask if there is a new Minister called Ministry of Equation. This is because that is what this Order Paper says.
    Mr Speaker 11:15 a.m.
    Hon Member, this is a rather smart one. You should have raised the issue when the Hon Minister was sitting there. [Laughter.]
    Mr Alfred K. Agbesi 11:15 a.m.
    Mr Speaker, I am informed that the Question was advertised alright, but some technical problem came at the Clerk's Office and that accounted for the Question not being put on the Order Paper. That is the information I have got.
    Mr Speaker 11:15 a.m.
    What is the nature of the technical problem?
    Mr Agbesi 11:15 a.m.
    Mr Speaker, I have been informed that it would be programmed for tomorrow.
    Mr Speaker 11:15 a.m.
    I do not believe that we should be doing Business of this House through the backdoor. You have put a Question, you have programmed it, you
    have given notice to Hon Members that the Question would be taken today. That is the essence of the provisional Order Paper that we attach to the Order Paper for the day. If for any reason, that Question cannot be taken, the person in whose name the Question stands must be informed. The person who admitted the Question, who is the Speaker, must be informed.
    You do not do this type of Business through the backdoor. Is that Ministry going to determine how we run our Business here or we should tell them how we run our Business?
    Mr Agbesi 11:15 a.m.
    Mr Speaker, we note the concern and we would make sure the Question is programmed for tomorrow. It is unfortunate, Mr Speaker.
    Mr Speaker 11:15 a.m.
    The Question should be programmed for next week.
    Mr Agbesi 11:15 a.m.
    Mr Speaker, for tomorrow.
    Mr Speaker 11:15 a.m.
    Tomorrow?
    Mr Agbesi 11:15 a.m.
    For tomorrow, Mr Speaker.
    Mr Speaker 11:15 a.m.
    Very well.
    Hon Members, that brings us to the --
    Mr Bedzrah 11:15 a.m.
    Mr Speaker, that Question has not been advertised for tomorrow. [Interruption.] That is a different Question. This is for Ministry of Health. Tomorrow's Question is for Ministry of Roads and Highways.
    Mr Agbesi 11:15 a.m.
    Mr Speaker, we would get to the Hon Member and then we would know when to programme that Question he is referring to.
    Mr Speaker 11:15 a.m.
    Hon Deputy Majority Leader, you said the Question would be answered tomorrow, so it should be answered tomorrow.
    Mr Agbesi 11:15 a.m.
    Mr Speaker, I was of the view that his Questions --
    Mr Speaker 11:15 a.m.
    If we do not take this House serious, nobody is going to take us serious.
    Mr Agbesi 11:15 a.m.
    Mr Speaker, very well. We would see the Hon Member and then we would know what Question he is referring to -- Not the one meant for tomorrow. But if it is the one he wants to ask on the Ministry of Health, we would know when to programme it. But we think that we should take it tomorrow.
    Mr Speaker 11:15 a.m.
    Very well.
    Hon Members, I have admitted one commemorative Statement standing in the name of the Hon Member for Wenchi.
    Hon Member, you have the floor.
    STATEMENTS 11:15 a.m.
    Prof. George Y. Gyan-Baffour (NPP - - Wenchi) 11:15 a.m.
    Thank you, Mr Speaker, for giving me this opportunity to pay tribute to one of the great leaders of our times.
    Mr Speaker, exactly one hundred years ago today, to be precise, on the 11th of July, 1913, Kofi Abrefa Busia was born in Wenchi in the Brong Ahafo Region. From Wenchi Methodist Primary School, he attended Mfantsipim College in Cape Coast from 1927 to 1930. From 1931 to 1932, he trained as a teacher at Wesley College in Kumasi.
    Mr Speaker, upon graduation, he became a member of staff of Wesley College between 1932 and J 934. He taught
    at Achimota College between 1935 and 1939; during the period, he obtained his first degree with Honours in Medieval and Modern History through correspondence course from the University of London. Mr Speaker, in 1939, he went on to study at the University College, Oxford.
    He was the first African student of the college and obtained his BA (Hons) in Philosophy, Politics and Economics in 1941 and his Masters Degree in 1946. In 1947, he obtained a DPhil in Social Anthropology.
    Mr Speaker, after obtaining his doctorate degree, the colonial administra- tion in Ghana appointed him the officer- in-charge of sociological surveys and he conducted a special social survey of Sekondi-Takoradi and this remains one of the major sociological surveys in the country.
    As a teacher, Busia was appointed as a lecturer, indeed, the first African lecturer at the University College of Gold Coast in 1949. In 1954, he was appointed the first African Professor and Chairman of the Department of Sociology. In August, 1959, he joined the Institute of Social Studies at The Hague in Holland as a Professor of Sociology and Faculty Chairman.
    He held a concurrent appointment as Professor of Sociology and Culture of Africa at University of Leiden, also in Holland. In 1962, he was an inaugural Professor at the Centre for African Studies at El Colegio de Mexico, Mexico City. Between 1962 and 1964, he was appointed the Director of Studies for World Council of Churches in Birmingham, England. From 1964 to 1966, he was a Professor of Sociology and Senior Member at St. Anthony College, Oxford, England.
    Prof. George Y. Gyan-Baffour (NPP - - Wenchi) 11:15 a.m.


    He had detente as his foreign policy. He stood by this policy and called for “dialogue” as the preferred alternative to “arms struggle” for the liberation of South Africa against the stance of the OAU. Lo! And behold, it was through Dialogue that Nelson Mandela and F. W. de Klerk dismantled Apartheid.

    Mr. Speaker, this was a man who believed in peaceful co-existence, yet he was a passionate pragmatic nationalist who tried to secure the commanding heights of the economy for Ghanaians.

    Mr Speaker, it is the centenary of this man that we are celebrating and I urge all Ghanaians to pray for his soul today and also to celebrate his life in any small way we can to reflect the make-up of this man -- Simple, humble, humane, soft spoken, compassionate, tolerant, pragmatically nationalistic, love for humanity, respectful of the rights of the individual and above all, a deep believer in the maxim that each one should be each other's keeper to lift those who are down from squalor, poverty, hunger and disease. Such a person is worth celebrating.

    Thank You, Mr. Speaker.
    Mr Speaker 11:25 a.m.
    Except to say that my two deputies who are products of Mfantsipim School, informed me that it is Mfantsipim School, not Mfantsipim College. It is Mfantsipim School.
    We are coming under Order 71 of our Standing Orders, so, you should be guided. The Statement is not supposed to provoke any debate from anybody on the floor of the House.
    Dr Kwabena Donkor (NDC -- Pru East) 11:25 a.m.
    Mr Speaker, I rise to associate with the Statement.
    I am particularly proud of the academic prowess of late Prof. Busia, as a Ghanaian and as a citizen from the Brong-Ahafo Region of Ghana -- where I come from. I am particularly proud of his advice against unfettered capitalism, unfettered reliance on the market at the expense of the people as ably espoused by my Hon Colleague from Wenchi.
    I am also proud of Dr Busia's record, especially in the area of rural development. Dr Busia put rural development on a pedestal and saw wisdom in appointing Mr A. A. Munufie as his Minister responsible for Rural Development.
    It is not surprising that Mr A. A. Munufie became a founding member of the National Democratic Congress (NDC), bridging the gap between the two parties -- [Hear, Hear!]. In bridging the gap between the two parties or the two traditions in Ghana, he established a principle that Ghana is too important and both traditions have an entrenched interest in Ghana.
    This brings the need for us to work as a House in memory of not only Prof. K.A. Busia but several of our founding fathers, Osagyefo Dr Kwame Nkrumah and other founding fathers that as a House and a nation, we have only one destiny and that unnecessary partisanship can be put aside in the interest of furthering the vision of our founding fathers.
    I beg to associate myself with the Statement and celebrate the centenary of this intellectual giant of our land.
    Thank you Mr Speaker, for the opportunity.
    Papa Owusu-Ankomah (NPP -- Sekondi) 11:35 a.m.
    Thank you very much, Mr Speaker, for the opportunity to make a few comments on the Statement made by
    Mr Ahmed Ibrahim (NDC -- Banda) 11:45 a.m.
    Thank you very much, Mr Speaker, for giving me the opportunity to associate myself with the Statement.
    Mr Speaker, Prof. Busia as we all have read in his publications, was a true Ghanaian and wherever the name “Busia” is mentioned, two things stand clear. He was a scholar and a politician.
    Mr Speaker, Prof. Busia was a true Ghanaian because he combed the length and breadth of Ghana through the civic education exercise and got to know the needs of Ghanaians at that time and I am not surprised to hear that he introduced the National Service Scheme (NSS).
    Mr Speaker, he did not introduce the NSS out of a vacuum. As his role in educating Ghanaians from Binduri to Paga, from Axim to Bawku, from Bolgatanga to Wenchi, he got to know that teacher shortage was a problem in those days and one cannot deny the fact that NSS has helped to solve the problems of education in this country.
    Mr Speaker, this clearly underscores the fact that Prof. Busia was a voluntaryist, he was selfless and no wonder after seconding the Motion of the independence of the country, he rose to occupy that high office. And I believe this is a lesson for young politicians [Interruption.] Hon Members are asking how old one was. If I was not old enough to realise this, I have read Prof. Busia's publications that he was able to introduce the NSS.
    This shows that he was a selfless politician, a voluntaryist and as leaders of the country, I think we have lessons to learn from that.
    Mr Speaker, he was not just a sociologist but he believed in the culture of the country.

    Mr Speaker, after saying all those good things about him, one thing stands very shocking. We always hear of Danquah/ Busia Tradition. If we want to grow more politicians to be like Prof. Busia -- Mr Speaker, look at it, in 1969, after the first Professor rose to occupy the high office, it took us 40 years before another Professor was able to occupy that office -- [Hear! Hear!] And that Professor was the late Prof. J. E. A. Mills.
    rose
    Mr Speaker 11:45 a.m.
    Do you have a point of order?
    Papa Owusu-Ankomah 11:45 a.m.
    Yes, Mr Speaker, it is “Danquah/Busia/Dombo Tradition.”
    Mr Joe K. Gidisu 11:45 a.m.
    Mr Speaker, I thought they would have brought the “Dombo” between the “Busia and the Danquah”. But because it suits them to put him at the last end, which invariably over-shadows the situation.
    Mr Speaker 11:45 a.m.
    That is on the lighter side.
    Yes, Hon Ahmed Ibrahim, conclude. A number of Members want to make comments, so conclude.
    Mr Ahmed Ibrahim 11:45 a.m.
    Mr Speaker, in my conclusion, I would want to challenge today's politicians, and especially, the Danquah/Busia/Dombo Tradition, to establish a state of the art library with all the publications of Prof. Busia in stock at Wenchi, where he came from, so that some of us can go there, visit the library, remember that there was once a Professor Prime Minister, Dr K A Busia, who was able to publish it, led Ghanaians and seconded the Independence Motion and we would be able to get more Dr Busias and the tradition would grow, other than that I am afraid.

    Several Hon Members -- rose --
    Mr Speaker 11:45 a.m.
    Hon Member for Kwadaso.
    rose
    Mr Speaker 11:45 a.m.
    Oh sorry, I was referring to Nhyiaeso. It was his constituency that was divided into two-- into Nhyiaeso and Kwadaso.
    So, Hon Member for Nhyiaeso -- sorry.
    Dr Richard W. Anane (NPP -- Nhyiaeso) 11:45 a.m.
    Mr Speaker, it is so interesting for you to so soon forget me but I do understand because I used to be Bantama, which was Bantama/Nhyiaeso and Kwadaso; so, I understand you, Mr Speaker.
    Mr Speaker, I would want to thank you for giving me the opportunity to associate with the tribute for an illustrious son of this nation, who was also the Prime Minister of this nation.
    Mr Speaker, the Hon Member of Parliament for Wenchi, who has succeeded the former Prime Minister, Prof. Kofi Abrefa Busia, has so dearthly expounded on his academic prowers. So, permit me, Mr Speaker, to veer away from the academics and to talk a little more about his life. But Mr Speaker, in order to be short and brief, I would rather want to just pick snipets from those who lived in his life and his own speeches to illustrate who he was.
    Mr Speaker, Prof. Busia has paid his dues to his motherland. And coming from a rural background, and indeed, appreciating the needs and sensibilities of the rural people, where in today's Ghana he could have been easily dubbed a cocoa ase krakye, Mr Speaker, he decided to work for the rural people.
    What did he do? He expounded his political philosophy and this philosophy was as anyone would have thought -- and I think when the Professor was speaking, he spoke about democracy and capitalism. But Mr Speaker, he laced it with pragmatism, so that he catered for the people that he was representing, knowing very well what the nation at that time was and what the nation has always been.
    Mr Speaker, you would therefore, find that his was a marriage of free enterprise democracy laced with mitigating social supporting policies. Indeed, because of his rural background, it was in his Government, that we first had the Ministry of Rural Development which became the Ministry of Local Government and Rural Development.
    This vision was captured in his pre- election speeches, especially with respect to the way he looked at this country when he said that whatever we do, we should be each other's keeper. Now, what did he say, Mr Speaker? He said, we are going to create a welfare society where each would be his brother's keeper.
    Here, I would want to send some apologies to the gender activists whom at that time would have said that, why did he not say his sisters or others? But Mr Speaker, he just said it to cover all of us.
    Again, he re-emphasised this when he was breaking the grounds for the Accra- Tema Water Supply in 1971, when he stated that power is good or evil according to the vision that it serves. “Our vision”, Mr Speaker, that is what he said, “is that of a democratic welfare society in which everyone is his brother's keeper.”
    Mr Speaker, based on these, today, we talk about National Service Scheme, which used to be the National Service Corps. Based on this, Mr Speaker, you would find that the Government that followed his philosophy, the New Patriotic Party (NPP) put in social mitigating measures that catered for the needs of our people and that is a reflection of being each other's keeper.
    The NPP put in place policies like the National Health Insurance Scheme, the Free Maternal Healthcare, the Free Care for children, School Feeding Programme and all these things.
    Mr Speaker, they are all a reflection of the kind of a political development and the political beliefs of the line that Prof. Busia towed --
    Mr Speaker 11:45 a.m.
    Hon Member, conclude.
    Dr Anane 11:45 a.m.
    Mr Speaker, in 1970, he visited Yugoslavia and this is a reflection of his view point in politics. He said this and I would wish to quote, Mr Speaker:
    ‘The democratic political system we have adopted pre-supposes a diversity of political views and alignments. We therefore do not look upon those who disagree with us politically as enemies or rivals whose views and actions we should always summarily dismiss.”
    Mr Speaker, this statement is as germane today, as it was yesterday and it would be a good statement for us to always remember even as we go along our normal duties as politicians of this nation.
    He believed also in progress and said that when the future is built on the best and the tried foundations of the past, then we can have progress. Mr Speaker, the past and the experiences of the past are what would help us to continue to develop our nation.
    Mr Speaker, perhaps, he was a pacifist to a fault and therefore, there was a time when he was unduly misunderstood or maligned for some of his stance. Mr Speaker, he had replaced the adage, which says that, “If you wish for peace, prepare for war”. This is an adage that is almost invariably said again and again.
    Mr Speaker, this adage is attributed to a Roman war writer. Mr Speaker, for his orientation in pacifism, Prof. Busia rather replaced this with “If you wish for peace, prepare and renounce war”, not “If you wish for peace, prepare for war”.
    Mr Speaker, he said this to illustrate what he was and his belief in pacifism but that was not also to say that he did not understand that there was the need for sitting and dialoguing. And it is because
    Mr Speaker 11:55 a.m.
    Hon Member, your last sentence.
    Dr Anane 11:55 a.m.
    Mr Speaker, my last would be a permission from you to illustrate a statement that was made by --
    Mr Speaker 11:55 a.m.
    Hon Member, a number of Hon Members would want to --
    Dr Anane 11:55 a.m.
    Mr B. J. da Rocha described him as such and Mr Speaker, just permit me to -- I would want to quote the description that was given of him by Mr B. J. da Rocha. Mr Speaker, and here, I beg to quote:
    “He brought a breath of fresh air into the politics of Ghana. He knew how to attract people to himself, win their loyalty and inspire them to work. He was not the formidable leader before whom all trembled. He was respected and loved, never feared. He listened patiently and was always open to suggestion. Nor did he spare himself when it came to work. Behind the appea- rance of frailty, he was as tough as steel.”
    Mr Speaker, this is the Busia who was known to Ghana because according to those who know, the name “Busia”, is a derivative from the Akan word “bosea” and bosea in Akan is “loan” and therefore, it is understood or it is believed that this man was loaned to us to serve this nation and to open the pathway for us to
    appreciate that we can marry free enterprise with a measure of social interventions in order to make this nation move. That is how and why he kept on saying that we should create a welfare society where each remains his brother's keeper.
    With these words, Mr Speaker, I thank you for permitting me to associate with this Statement.
    Several Hon Members -- rose --
    Mr Speaker 11:55 a.m.
    Hon Member for North Tongu --
    Mr Samuel OkudzetoAblakwa (NDC -- North Tongu) 11:55 a.m.
    Thank you very much, Mr Speaker, for your continuous wisdom.
    Mr Speaker, I rise to support the Statement, which has been made by the Hon Member for Wenchi.
    Mr Speaker, I am a very young democrat and I can only speak to what I have come to read and understand about the history of our nation. I would want to speak to the politics of that era of the illustrious Prof. Busia.
    While it is very clear, and I agree with Hon Members who spoke early on that Prof. Busia brought a lot of deep insight, intellectualism and ideas to their politics, I believe that on a day like this, as we commemorate the centenary of this illustrious Statesman of our country, we ought also to be very candid and sincere and learn from the politics of that era, so that we can improve the politics of today.
    It is clear that despite all the good things that we have talked about the man, which I agree -- his deep insight, his writings, his intellectualism, we must also, on a day like this, be very sober and aspire
    rose
    Mr Ablakwa 11:55 a.m.
    There was a lot of ethnocentrism; there was a lot of strife, conflict; there were many casualties in the politics of that era and I am not blaming any particular politician. I am only speaking to the politics of that era and I am saying that while we eulogise Prof. Busia, let us re-dedicate ourselves to a new kind of politics, which will do away with the tensions of that era -- [Interruption.]
    Dr A. A. Osei 11:55 a.m.
    Mr Speaker, on a point of order.

    Mr Speaker, when we start using words like “politics of ethnocentrism” in that period -- [Interruption] -- there is no consensus on that issue, it would generate debate. Mr Speaker, I crave your indulgence to steer my young Hon Friend in the proper direction.
    Alhaji Mohammed-Mubarak Muntaka 11:55 a.m.
    Mr Speaker, with the greatest respect to my Hon Colleague. I believe when my Hon Colleague said that -- why he is saying there is no consensus -- I can tell him there are many statements in that Statement that were made that we cannot draw consensus on them. And therefore, Mr Speaker, the Hon Colleague is being very mindful. He has stated clearly he does not want to generate debate.
    But Mr Speaker, we should not gag ourselves from talking about the real issues. This is because we need to learn lessons of both the achievements and errors, so that we do not repeat them. And I do not think that it is out of order, Mr Speaker.
    Mr Speaker 12:05 p.m.
    Hon Members, one, this is not a debate. The Statement is about one man and one man only. It is not about the politics of that era and therefore, we should limit ourselves. If you want to make a Statement, it should be a statement of fact and that statement should limit itself to the man that we are celebrating. So, we should limit it -- [Interruption] --
    Hon Members, order!
    Hon Members, let us have order. We should limit it to statements -- [Interrup- tion] -- we should limit it to the man called “Busia”. It is not about his party. Hon Members, when the Hon Member for Nhyiaeso was about to bring in parties, that was the time I called him to wind up. I was listening to him closely; when he was moving into NPP and others -- and I know once you mention NPP, NDC comes in. So, when he was going there, I told him to wind up.
    So, Hon Member for North Tongu, limit yourself to facts and limit yourself to the Statement and limit yourself to the man whose life is being celebrated.
    Mr Ablakwa 12:05 p.m.
    Thank you very much, Mr Speaker.
    Mr Speaker, it is important to emphasise that long after Prof. Busia departed us, we continue to cherish his contribution to Ghanaian politics.
    The point must also be made that Prof. Busia represented the kind of politics, which must be encouraged. [Interruption.] It has been said of current politicians that we do not write as much as we --
    Mr Speaker 12:05 p.m.
    Hon Members, the House is falling into disorder. Let us listen to the Hon Member on the floor.
    Mr Ablakwa 12:05 p.m.
    Mr Speaker, I was emphasising the need to learn from the kind of politics of Prof. Busia in terms of being active contributors to the ideas, beliefs and fundamentals that we belong to. We should not be shy to author books and we should not shy away from debates. We must believe in our conviction and we must be bold about it.
    This is because there is a concern out there that contemporary politicians are not writing as much as they should and are not debating as we should.
    I would want to, lastly, say that with a lot of years having passed, it has become very, very clear that Prof. Busia does not only belong to one tradition but to the whole of Ghana. That is why I am proud to note that in the last general elections of 2012, a political party which is not a party of his tradition, won the Presidential votes in the Wenchi Constituency by 50.11 per cent. It shows that Prof. Busia is accepted by all and indeed, the ideals which he stood for are also the ideals and more, which my political party stands for.
    Mr Isaac Osei (NPP -- Subin) 12:05 p.m.
    Mr Speaker, today we are celebrating the life of a great Ghanaian who by dint of sheer persistence, rose to become the Prime Minister of our country.
    But prior to that, Mr Speaker, Prof. Busia was a trailblazer. He was indeed, the first African student at the University College at Oxford. He was the first African in charge of sociological service in the then Gold Coast. He was the first African lecturer at the University of Ghana, Legon, in 1949.
    Prof. Busia said 12:05 p.m.
    “If you would enter politics, and you ask me what qualification is needed for a politician in this country today, I would say this. You would not make a success of it unless you have the large capacity to stomach nonsense. You must not think that the more you give, the more loyalty and gratitude you would get. You won't. Anyone who enters public life must know that he is going to a place where that strange master called “opinion” is the most unkind of all masters. You would be made to do the things you have done and things you have not done. You would be made a thief, a murderer, a miser, anything. If you are going into politics, you must be prepared to be wounded.”
    Mr Speaker 12:05 p.m.
    Hon Members, I have decided to devote the full one hour for Statements under our Standing Orders. We are left with five minutes for that one hour to -- At times, Speakers also read newspapers and I am giving priority to Presidential aspirants -- [Laughter.]
    Hon Members, that is on a lighter side.
    Hon Members, I would call the Hon Member for Zebilla. I would come to the Hon Member for Kwadaso. I would then take my Hon Second Deputy Speaker and I would move to the Leaders if they want to make their comments.
    rose
    Mr Speaker 12:15 p.m.
    Hon Member, I said “Speakers also read newspapers.”
    Mr Avoka 12:15 p.m.
    Mr Speaker, I thank you for the opportunity to contribute to this Statement and I associate myself with the sentiments expressed by the Hon Member who made the Statement.
    Mr Speaker, the first and maybe, the only time I met our former Prime Minister, then Prof. K. A. Busia was in 1968 when I was a very young student in Navrongo Secondary School. [Hear! Hear!] By virtue of his office as Chairman of the Centre for Civic Education, he toured the country to sensitise citizens -- [Interruption.]
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, it is a point of information.
    Mr Speaker, you have come out with a very empirical statement and the Hon Member for Zebilla is a good friend of mine, I have never heard him make any declaration, whatsoever, that he has presidential ambitions -- [Laughter] -- Mr Speaker, I thought he was going to put in a disclaimer.
    Mr Speaker 12:15 p.m.
    Hon Minority Leader, have you seen his name in any newspaper that he has Presidential aspiration?
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, I have not and that is why I would want to know since he has not put in a disclaimer.
    Mr Speaker 12:15 p.m.
    No! That is why I started by saying that Speakers also read newspapers. So, those whose names --
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Very well.
    Mr Avoka 12:15 p.m.
    I thank the Hon Minority Leader, who is my very good Friend, so much because I have no such ambition at all. [Laughter.]
    Mr Speaker, on a very serious note, this is a very important Statement, that we are celebrating the life of a very important Ghanaian, who served us for a number of years, sacrificed his life, energy, resources and everything.
    I was saying that the first time I got to know or meet him was in 1968 when I was a very young student in Navrongo Secondary School. He toured the country and came to St. John Bosco Training College to sensitise us in his capacity as Chairman of the Centre for Civic Education in the country, on the way forward for the history of Ghana. Mr Speaker, after he had left, we all formed the idea that this was a very intelligent man, who could be a future leader of this country.
    Not surprisingly, our teachers told us, back in the classroom, particularly those of us who were reading Government, that the National Liberation Council (NLC) Administration was laying foundation for Busia to become Prime Minister or President of this country. And it came to pass.

    Mr Speaker, I recall of his legacies to this country both before he became Prime Minister and after he had become the Prime Minister of this country. What can he be associated with? What legacies did he leave behind when he was campaigning for independence for this country?

    One of such convictions was the fact that as a country, being ruled by colonial masters with all the force they had at their command, we needed to achieve independence gradually at the earliest possible time. That was a conviction that he had.

    Secondly, during that campaign, he also espoused and committed himself to the fact that for Ghana to better develop politically, socially and economically, we needed to have a federal State rather than a unitary State. He had these convictions.

    I am happy to observe that as a very smart politician and Prime Minister, when he won the leadership of this country in 1969, he abandoned the concept of federalism for this country because for the 27 months or so, he was in office, he never raised the issue of dividing Ghana.
    Mr Avoka 12:15 p.m.
    I am further satisfied about his role
    because he appreciated the fact that Ghana was one country; we needed a unitary country and that is why he introduced the concept of rural develop- ment.
    That means, if the urban area were better developed, it was important to integrate the rural areas by encouraging rural development and by appointing the late Munufie as Minister for Rural Develop-ment, and that brought about a number of developments in the rural areas of Ghana. This is somebody, who, we cannot easily forget about.
    He ascended onto the throne as the Prime Minister of Ghana in 1969 and I can remember or I can recollect, at least, about two or three legacies that he left behind that cannot be forgotten.
    One was the dialogue with South Africa. That is what he stood for and that was how South Africa finally became independent. Of course, somebody would say that they adopted the dialogue after the pressure and the boycotts that people had occasioned on them. But at the end of the day, dialogue won the day and therefore, he could be vindicated.
    Number two -- Apollo 568; we cannot forget. And even though after Apollo 568, the court had ruled, he said that no court -- That was legally correct, that no court can compel an employer to employ somebody. Politically, it might be inexpedient but legally, it is correct; it was politically inexpedient, but he stood by it.
    Third -- the Aliens Compliance Order of 1970 and 1971. That is an issue that we still talk about today. The economists, the nationalists, would argue for it. Politicians and other people would say something different but this is something he stood for and he stood for it because he wanted Ghanaian ownership of our enterprises. That is what he stood for.
    So, we cannot forget about his dialogue with South Africa, we cannot forget about the Aliens Compliance Order and “no court”, and then Apollo 568. These are what he stood for.

    On 13th January, 1972 -- I was listening to the radio early in the morning when I heard the shrill voice of Colonel Kutu Acheampong, who said, among other things, that he had overthrown Busia's Administration; Busia's hypocrisy had been detected and that the few amenities that the Ghana Armed Forces personnel were getting had been taken away from them by Prime Minister Busia. I listened to him personally.

    Mr Speaker, we have seen what he did, the campaign he and the Big Six and several others fought for Ghana and the challenges that they had. Then he became Prime Minister and the development that he brought to this country. Whether his regime's hypocrisy had been detected or not, were left to the soldiers at the time because they had to justify the coup.

    But I think that this was a Ghanaian who had distinguished himself, not just in the academic field -- If he were somebody, he would have said,

    “Why? I am one of the earliest Professors of this country. I am one of the best brains in the world. Why do I not go for greener pastures or stay somewhere and take care of my wife and children?”

    But he said that:

    “I have acquired this education to be able to liberate my people, to be able to salvage my people and support my people.”

    And I have been saying that the purpose of education is not that you should come and take care of your wife and children but you should be able to support the community that supported you to be well educated and that is how we find ourselves in this Chamber.

    Mr Speaker, let me conclude by making the same observation that the Member for Subin, Hon Isaac Osei made. I remember in 1996, when the National Democratic Congress (NDC) was launching their campaign in the Brong-Ahafo Region, the late Mr A. A. Munufie -- I think he was quoting Dr Busia. I did not know at the

    time that he was quoting Prime Minister Busia. But he said that before you accept to do politics in Ghana, you have to learn to stomach nonsense.

    On that note, Mr Speaker, we pray that Prime Minister Busia, would have been received by our ancestors. He is in the hands and bosom of our Good Lord and that those of us who profess to belong to that fraternity must live by the example that he stood for and died for.
    Mr Speaker 12:15 p.m.
    Hon Member for Kwadaso, brief comments. We have passed the one-hour mark but I believe that this is a Statement on an illustrious son of this country and I would relax the rules for some minutes, so that you would make your comments. Then I would get the Hon Second Deputy Speaker and move to the Leadership.
    Dr Owusu A. Akoto (NPP -- Kwadaso) 12:15 p.m.
    Mr Speaker, I rise to add my voice to the Statement made today, exactly a hundred years since this very great son of this land was born.

    A lot has been said this morning about this great man. There are certain words that we take for granted in this country's politics these days -- democracy and the rule of law. These are the tenets on which Prof. Busia built his vision for this country. At the time that one-party state was the standard practice in Africa here, he was preaching multi-party democracy and he would be smiling on us here in this Chamber, to see that the conduct of politics in our country for the last 20 years and as we continue today, is based on multi-party democracy.

    I do not want to say too much because I know, Mr Speaker, you are in a hurry to get on with the Business of the House. But I would want, before I sit down, to --
    Mr Speaker 12:15 p.m.
    I am not hurrying. But I am complying with the rules of the House.
    Dr Akoto 12:15 p.m.
    Yes, Mr Speaker.
    It has been said a number of times that there is the need for a library for Dr Busia. I would want to inform this House that the Busia Foundation has been in existence for the last 12 or 15 years and I happen to be the first Chairman of the Busia Foundation and there is a library at the Busia House at Odorkor, which has all the documents relating to his life.
    On this note, Mr Speaker, I would want to end my intervention.
    Mr Speaker 12:15 p.m.
    Thank you very much for your brief comment.
    Hon Second Deputy Speaker, I think you --
    Mr Joe Ghartey 12:15 p.m.
    Mr Speaker, I will also be brief.
    Mr Joe Ghartey (NPP -- Esikadu/ Ketan) 12:25 p.m.
    Mr Speaker, I will also be brief.
    Mr Speaker, Dr Busia, we are told, was a Christian but he was a Methodist by denomination. In the Methodist Hymn -- numbered 896, the hymnist tells us that we should praise great and famous men, the father's named in story and we should praise the Lord who now as then reveals in man his glory.

    Mr Speaker, I have been told to preach on and I will preach for two minutes. We are also reminded by King Solomon in the Book of Ecclesiastes 7-- Mr Speaker, with respect, I quote from verses 1 - 4:

    “A good name is better than riches. We are reminded that the day of death is better than the day of birth.”

    We are also reminded that ...

    “It is better to go to a house of mourning than to go to a house of feasting. . .”
    rose
    Mr Speaker 12:25 p.m.
    Hon Deputy Majority Leader, do you have a point of order?
    Mr Agbesi 12:25 p.m.
    Mr Speaker, my Hon Colleague made a statement that the day of death is better than the day of birth. I think he has put it the other way. The day of birth is better than the day of death. [Uproar.]
    Mr Speaker 12:25 p.m.
    Hon Member, the Hon Second Deputy Speaker was quoting from the Bible. Hon Member for Ashaiman, which part of the Bible are you also quoting from? [Uproar.]
    Mr Ghartey 12:25 p.m.
    Mr Speaker, just to say, as you said, that I was quoting from the Bible, from Ecclesiastes Chapter 7 verses 1 to 4 and -- They are asking for the version; it is the English Standard Version.
    Mr Speaker 12:25 p.m.
    Hon Members, want to know where the Hon Deputy Majority Leader is getting his quotation from.
    Mr Agbesi 12:25 p.m.
    Mr Speaker, mine is from the Word of Wisdom.
    Mr Speaker 12:25 p.m.
    Hon Member for Ashaiman, do you know that we have the Book of Wisdom in the Catholic Reference Bible? So which part of the Book of Wisdom? [Uproar.] Anyway, that is your wisdom.
    Mr Ghartey 12:25 p.m.
    Mr Speaker, we are told in the Gospel of John, that:
    “In the beginning was the word Word was with God and the Word and the Word was God.”
    I am quoting from the Bible, Ecclesiastes; I believe in it.
    Mr Speaker, to end, let me just say that as was said by the Hon Isaac Osei, as politicians, unfortunately, we are not the toast of the public at the moment, so, we should continue to strife, so that genera- tions to come will remember, as we are remembering Prof. Busia today, that there came a generation of politicians who made a difference.
    Mr Speaker, with these few words, I rest my case.
    Mr Speaker 12:25 p.m.
    Hon Minority Leader, and then the Hon Majority Leader, if he would want to make a comment, then we close the chapter.
    Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 12:25 p.m.
    Mr Speaker, I thank you for the opportunity.
    Alhaji Muntaka 12:25 p.m.
    Mr Speaker, you gave some earlier clue that you were calling only Presidential aspirants. The Hon Minority Leader is a very good senior Friend. He has never mentioned to me he wanted to be a flagbearer. I do not know whether there is a newspaper that has published something about him with regard to that.
    Mr Speaker 12:25 p.m.
    Hon Members, I called him in his capacity as the Hon Minority Leader.
    12.25 p.m. Hym
    MrMurtala M. Ibrahim 12:35 p.m.
    On a point of order.
    Mr Speaker, I guess the Hon Minority Leader is reading copiously. But I thought that if a Statement is made and one wants to support it, per the Standing Orders, one is supposed not necessarily to read, you can infer. But he is reading copiously.
    Mr Kyei-Mensah-Bonsu 12:35 p.m.
    Mr Speaker, I would tell my Hon Colleague, the Bible has an injunction, “thou shall not bear false witness”. From where the Hon Member is, Mr Speaker, he, certainly, is not privy to what is before me. Mr Speaker, let us not open a new vista and let him not attempt to derail me. I am “underailable”.
    Mr Speaker, I said that Dr Busia did not opt for the pleasures of the academia. Why did he not do that? Mr Speaker, one can allude to several reasons, but the most important is, his love for his country. Mr Speaker, he had a burning desire to be part of the group of intellectuals who would bring their various competences to bear on shaping the new country that was evolving.
    He was purposed to contribute to building the foundations of an emerging Black Star and that was why he entered politics in 1951.
    Mr Speaker, the Hon Colleague who paid the tribute, Prof. Gyan-Baffour has made references to landmarks in the life of Prof. Busia. He said he came into

    politics to provide a formidable alternative to the radicalism, the dictatorial tendencies of people who were in power at the time. He preferred to use the power of reason and persuasion to the brutal use of the power of politics.

    Mr Speaker, he has also alluded to the seed of democracy that he helped to sow in this country. Today, the democracy of Ghana owes a lot to the seeds that were sown by people like Prof. Busia.

    Mr Speaker, we have been told that he believed sincerely in liberalism; capitalism being the base, he felt that people should not be left in the complete charge of capitalist tendency, and that there should be a combination of welfarism, so that we would be able to bear and carry along the poor of the society, the vulnerable in our society, so that nobody would be left behind in our quest for national development.

    Mr Speaker, Prof. Busia is quoted to have said in seconding the Motion for independence, and Mr Speaker, with your permission, let me quote what he said:

    “No one would today seek to justify the slavery, exploitation, inhumanity and injustice that accompanied colonisation.”

    Yet, this was a man who was tagged as an agent of imperialism by his detractors.

    Mr Speaker, we have been informed of what contribution he made to the governance architecture of this country, introducing the Ministry responsible for rural development. What he did by that vehicle -- sending to the rural areas infrastructure facilities such as health facilities, delivery of potable water, construction of roads, provision of electricity to the rural areas -- Mr Speaker, these are landmarks.

    These are major footprints of the Government of Prof. Busia. Let us not forget, Mr Speaker, that the teak trees that we see in this country today, were introduced into our environment by Prof. Busia's Administration.

    The National Commission for Civic Education (NCCE) today, we all attest to, is playing a leading role in our democratic governance. It was introduced --
    Mr Speaker 12:35 p.m.
    Hon Minority Leader, time is not on our side, so, if --
    Mr Kyei-Mensah-Bonsu 12:35 p.m.
    Mr Speaker, so, I think that these landmarks cannot be taken for granted. I was particularly excited by the contribution of one of the Hon Deputy Majority Whips, when he said that by what we are doing today, we should find space for political accommodation for Dr Busia.
    Mr Speaker, we should not limit it to Prof. Busia. We should find space for political accommodation to commemorate the achievement of the “Big Six”, for those who have become Presidents and Prime Ministers in this country.

    Mr Speaker, so, let us, as a nation, do a sober introspection on the constitutional regime that has served this country to learn something useful to guide us on our journey. Mr Speaker, let us not leave the discourse to propagandists. I can only hope that history would be kinder to the memory of former Prime Minister Busia,
    Majority Leader (Dr Benjamin B. Kunbuor) 12:45 p.m.
    Thank you very much, Mr Speaker, for giving me the opportunity to contribute to this very useful Statement that has been made by my senior Brother, Prof. G. Y. Gyan-Baffour, Member of Parliament (MP) for Wenchi.
    Mr Speaker, I have listened to the contribution by Hon Members and I am particularly happy that they fall under two broad categories. The one that livens the House and which ought to be seen or taken in a lighter note and the one that registers very deep values about previous leaders and also indicates the future and how we should engage with national assets of this nature.
    Mr Speaker, let me start on the lighter side. This is because I did hear my good Friend, the Hon Second Deputy Speaker quote Christian Judaic principles as one that ought to be associated with the immortalisation of Prof. Busia, which seem to suggest that we should certainly cherish death more than birth, if my understanding is right. But knowing Prof. Busia as a social anthropologist and perhaps, one of the most serious cultural
    intellectuals, who, we have produced in this country --
    I remembered a very typical Akan song that has a very strong cultural interest which normally says that ewiase yeba no fefeefe, awiei yeko no yayaya -- [Uproar.] this clearly shows that as part of the Akan cultural value system, we will celebrate birth differently and we will celebrate death differently.
    While we might be smiling in our celebration of birth, we certainly will be mourning when we are celebrating death and to that extent, I guess that yes, there is a lot of usefulness in Christian Judaic principles. But to do a justice to a person like Prof. Kofi Abrefa Busia, let us keep him in his cultural context because he was a unique icon of culture.
    That also explains significantly why all students regardless of the particular discipline, will always be referred to his seminal book that has been referred to in the statement “The position of the Chief in modern political system of Ashanti” and that is the context in which I make that lighter note. I have heard a number of associations from Hon Cletus Avoka about their personal association with the late Professor. Some of us certainly were not too old to have had that association but I certainly had just two.
    The first one had to do with when he came to inaugurate the Bolgatanga Library Board and that library was the first regional library of its kind in this country. I remember, in school, we were asked to do a type of essays for which they selected the essays for awards.
    I happen to be lucky to get that award, not just because it was a book but it was handed over to us personally by the Prime Minister -- [Hear! Hear!] That is why I cherish that book and I still look back at the title with a lot of nostalgia. The title of that book is “The Oregon Trail” and what
    is unique about it is that, I never understood that book until many years and one can never understand the history of the United States of America and its power without reading that book: “The Oregon Trail”.
    Thirdly, Mr Speaker, the memory of assets like Prof. Busia, on a more serious note, should actually be put in its context. Every human being, and particularly great leaders, has to be appreciated, discussed and reviewed in relation to their time and place.
    Any time we do not do this type of analysis of a political figure, we are likely to put him within a very limited and unreasonable bracket. So, the particular times of Busia as a scholar, and Busia as a politician, needs to be taken into consideration for us to appreciate what the total Busia had been at that particular time.
    I say this because when we are scaling up leaders, one of the political ways of analysing them is to see whether a leader was living behind his time or he was living ahead of his time and that is what gives us the opportunity to be able to make a distinction between leaders simpliciter and visionary leaders. I think if we follow the track record of Busia's works, even into his public life, we would see clearly that he was anticipating the development variable of this country many, many years ahead of his time.
    That explains why his penchant for rural intervention remains a blueprint for most governments and we will always see most of those values coming up time and time again in our rural intervention policies. Mr Speaker, I would like to also indicate that one of the great disservices that we the contemporary politicians and commen- tators make on great leaders like this, is to see them as sectarian or private
    property. When we begin to view a leader as a national asset but view him as sectarian, view him as the private property of a family, then we are diminishing the national character of the office the person occupied and the national values that the person left behind to actually guide a country in its development.
    That is why I would agree with the Hon Minority Leader, that as much as possible, when people have exited active public life, they ought to be taken as a national asset of which all Ghanaians are the owners and the beneficiaries.

    This is because that will be the only opportunity that across the shades of political opinions in this country, every young politician, regardless of his political party affiliation, can learn from somebody. But there are two sides to it. Let us also make sure as a political class, that retiring from partisan politics is attractive and that we do not just remain and engage in partisan politics because the other side is doomed non- recognition and despair.

    I guess for those of us who are active today, we should be the ones who should be setting the agenda for the future. Over two decades of constitutional --
    Mr Speaker 12:45 p.m.
    Hon Majority Leader, for how long do you want to speak?
    Dr Kunbuor 12:45 p.m.
    Mr Speaker, I was just about concluding. I have actually taken a cue from Mr Speaker.
    I am saying that after two decades of uninterrupted constitutional experimen- tation, it is about time we began to concretise some important values and lessons that we have learnt.
    Lastly, Mr Speaker, what we should also do to contextualise our leaders is that we should never paint things in absolute black and absolute white colours. Reality, Mr Speaker, is in shades of grey but not in black and white.
    Thank you very much. [Hear! Hear!].
    Mr Speaker 12:45 p.m.
    Hon Members, that brings us to the end of Statements.
    Hon Members, by all standards, this is a very brilliant Statement and the comments on it quite brilliant. I, therefore, direct that copies of the Statement and its comments should be submitted to the Busia Foundation -- two copies actually -- and one copy be deposited in his library at Odorkor; we were told that he has a library at Odorkor, for record purposes.

    Hon Members, I thank you very much.

    The First Deputy Speaker now takes the Chair.
  • [MR FIRST DEPUTY SPEAKER IN THE CHAIR.]
    • Mr First Deputy Speaker 12:55 p.m.
    Yes, Hon Majority Leader?
    Dr Kunbour 12:55 p.m.
    Mr Speaker, we would take item number 5 (a).
    Mr First Deputy Speaker 12:55 p.m.
    Yes, item number (5) (a) by the Minister for Finance.
    Dr Kunbour 12:55 p.m.
    Mr Speaker, I would like to crave your indulgence for the Hon Deputy Minister for Finance to lay the Paper. This is because the Hon Minister is currently in Cabinet.
    Mr First Deputy Speaker 12:55 p.m.
    Hon Minority Leader, the Hon Majority Leader is asking for leave for the Hon Deputy Minister for Finance to lay it on behalf of the Hon Minister.
    Mr Kyei-Mensah-Bonsu 12:55 p.m.
    Mr Speaker, I certainly do not have anything against that in particular in view, that the Hon Colleague has been with us all through.
    Except, Mr Speaker, I was wondering that our Standing Orders provide in Order 13(1) that --
    “Either of the Deputy Speakers shall take the Chair as Deputy Speaker whenever requested to do so by Mr Speaker during a Sitting of the House without any formal commu- nication to the House.”
    Mr Speaker, no formal communication is needed if you have to take the Chair in place of the Speaker. But now, we had this major announcement Mr Speaker, what has occasioned that major announcement that you were taking the Chair?
    Mr First Deputy Speaker 12:55 p.m.
    I believe that this question will be more appropriately addressed to the Rt Hon Speaker himself. [Laughter.]
    PAPERS 12:55 p.m.
    Dr Anthony A. Osei 12:55 p.m.
    Mr Speaker, I am not sure why this is being referred to the Finance Committee. There is no financial matter in this case. The African Capacity Building Foundation (ACBF) is an agency of the World Bank and they are talking about regional office here.
    There are no financial issues involved, so, I do not know why it should be referred to us, unless of course, it is the Hon Minister's -- I think the appropriate Committee is Committee on Commu- nications or Foreign Affairs and not the Finance Committee.
    African Building Capacity Foundation (ABCF) has nothing to do with finances at all. If they would want to bring the regional office here, yes -- I think the appropriate Committee should be the Foreign Affairs and Regional Integration. I was a Board member of ACBF, so, I know; it has nothing to do with finances.
    Mr First Deputy Speaker 12:55 p.m.
    Very well. I believe that the appropriate committee will be the Committee on Foreign Affairs.
    Dr Kunbuor 12:55 p.m.
    Mr Speaker, as a matter of procedure, we would want that you
    should expressly refer it to the Committee on Foreign Affairs for the records and after that, Mr Speaker, we can take item number (6).
    Referred to Committee on Foreign Affairs.
    Mr First Deputy Speaker 12:55 p.m.
    Hon Majority Leader, do I understand you to be referring to item number (6) on the Order Paper?
    Dr Kunbuor 12:55 p.m.
    That is so, Mr Speaker.
    BILLS -- CONSIDERATION 12:55 p.m.
    STAGE 12:55 p.m.
  • [Resumption of debate from 10/07/ 2013.]
    • Mr First Deputy Speaker 12:55 p.m.
    Yes, Hon Chairman of the Committee?
    Alhaji Amadu Sorogho 12:55 p.m.
    Mr Speaker, clause 27 as agreed, we will skip clause 26 and move straight to clause 27. When we finish, we can always come back.
    Mr First Deputy Speaker 12:55 p.m.
    So, we are dealing with clause 27, item number (xiv)
    -- 12:55 p.m.
    Alhaji Amadu Sorogho 12:55 p.m.
    Mr Speaker, I beg to move, clause 27, add the following new subclause:
    “(6) The requirement of this section shall not apply to the foreign spouse of a citizen of Ghana to the extent that
    (a) the foreign spouse is or has been married to a citizen of Ghana for a minimum period of five years continuously or holds an inde-
    Alhaji Amadu Sorogho 12:55 p.m.


    finite resident permit at the time of registration of an investment;

    (b) the marriage has been duly verified as having been validly conducted; and

    (c) the foreign spouse is ordinarily resident in Ghana.

    (7) Despite the provisions in subsec- tion (6) of this section, the foreign spouse of a citizen of Ghana who enters into a joint venture with a foreign investor shall not be exempt from the requirements of this section unless the foreign spouse is the majority contributor to the capital of the joint venture company.”

    Mr Speaker, the rationale is that, we have a lot of Ghanaians who stayed out of this country and got married to foreign spouses, husbands, some wives.

    Mr Speaker, they are back here in Ghana, they have children and their whole life is dependent on Ghana.

    Mr Speaker, they become Ghanaians except that by the constitutional require- ments, you cannot call them Ghanaians. So Mr Speaker, if you make a law and you treat them as if they are complete foreign citizens, where the requirement is that, if they want to engage in a certain venture, they must satisfy that requirement as foreign partner with you, it becomes a problem.

    Mr Speaker, they are here their whole lives and so, it was unanimously agreed that such persons must be exempted from the requirements reserved for Ghanaians.
    Mr First Deputy Speaker 1:05 p.m.
    Yes, I think it is a straightforward provision, I do not know if you want us to take --
    Dr Matthew Opoku Prempeh 1:05 p.m.
    Mr Speaker, I would have loved the hon Chairman of the Committee to really give us a reason for specific exemptions for these spouses.
    We might be undermining the whole law that we are doing here if we are not careful.
    If you are married to somebody who is a Ghanaian and you have lived here all these years, the citizenship law allows you to become a permanent resident, the citizenship laws allow you to establish -- I do not know why we should say that spouses are exempt.
    Mr Speaker, it is a small window we are opening for the massive undermining of this GIPC law. I have not heard any arguments; I have not heard a single argument that Hon Members should canvass to support this amendment. You might have been briefed, you might have been lobbied, yes, but what is the reason underlying the introduction of this new clause by the Committee? Mr Speaker -- why? I beg to differ.
    The Chairman should tell us the reason or we are undermining all what we have been doing here for the last two weeks and if there is no reason except that they are spouses, then there are better relations that we can think about. [Interruption.] When I say “better relation”, I am just asking my Chairman to explain -- [Interruption.]
    Mr First Deputy Speaker 1:05 p.m.
    Hon Member, I think your point is well made, so, let us listen to the Chairman of the Committee.
    Dr Dominic A. Ayine 1:05 p.m.
    Mr Speaker, there are a number of reasons -- [Interruption] -- The Hon Minority Leader is distracting me. There are a number of reasons -- [Interruption.]
    Mr Kyei-Mensah-Bonsu 1:05 p.m.
    Mr Speaker, with respect, I was not distracting him. He was not audible enough and I was asking him to bring the microphone up and speak into the microphone. That is not distraction.
    Dr Ayine 1:05 p.m.
    Mr Speaker, my apologies to the Hon Minority Leader.
    Mr Speaker, there are a number of reasons the Committee took the decision. One is that, there are a number of spouses in this country who have not applied for Ghanaian citizenship for various reasons. For instance, they are married to Ghanaians; they have relocated to Ghana but they are entitled to certain benefits from their countries of origin that they cannot give up because it supports them in terms of their earnings.
    For instance, if someone is entitled to a pension in Germany, that person would lose the German pension by becoming a Ghanaian or by taking on Ghanaian citizenship. But that pension helps the person not only to take care of themselves but also to take care of their Ghanaian relatives. So, we think that in respect of people like that, there is the need for us to exempt them from the requirements of section 26 of the Act relating to the minimum capital requirements and so on.
    So, Mr Speaker, I think this is a good reason we should all support this amendment.
    Mr Joseph Y. Chireh 1:05 p.m.
    Mr Speaker, indeed, if you look at this foreign spouses issue we are raising, some have lived here
    for over 50 years, some have stayed and worked side by side by their Ghanaian spouses. Indeed, many Hon Members would have come into contact with them being jealously protective of the integrity of our economy. They mean very well but --they also need the support they have terms of pension benefits and other entitlements to becoming Ghanaians.
    The issue is not that simple for people to say, why do they not become Ghan- aians? They virtually are Ghanaians, some have stayed as I have said, for several years here, and all they want is to further grow the economy of this country by investing properly, the little that they are even saving from their own countries of origin.
    I think that the best we can do as good marriage contractors is to allow them to participate in the economy, similar to Ghanaians. I, therefore, urge all of you to support this.
    There have been arguments people have raised, that if we allow this to happen within a few weeks or a few months, we would have some groups of people swam this country, and that was why we insisted that the check for them to qualify must be rigorous.
    We have to make sure that there was a valid marriage contracted and -- [Interruption] -- It is there; it is all captured in this proposal. Indeed, the committee was of the view that we need to support these people to demonstrate that Ghana is alive to its marriage rights and responsibilities.
    If we ignore them, if we discriminate against them, it is not proper in the context of human relations and our international approach to making Ghanaians and non- Ghanaians feel part of this country.
    On this note, I urge all Hon Members to support this Motion, so that we include them in the participation of the economy.
    Papa Owusu-Ankomah 1:15 p.m.
    Mr Speaker, marriage should not be a bar to a benefit that a spouse may have, and I am all for encouraging, persons to follow their hearts.
    But we are dealing with law. Are Hon Members aware that Germany does not allow dual citizenship? So, if you are a natural-born Ghanaian, married to a German, you have lived there for 25 years, and because we have changed our law to permit Ghanaians to have dual citizenship -- you decide to enjoy your Ghanaian citizenship, German law requires -- If you have acquired German citizenship -- to renounce your German citizenship. What about that?
    I mean, and really, we should be thinking more about reciprocity. If you go to the United Kingdom and you are not a citizen, will the fact that you are married to a citizen entitle you to certain benefits which only citizens have? What are we talking about? Mr Speaker, this is a serious policy matter, and you see, I always talk about policy, I do not talk in isolation.
    I do not know whether this matter has even been discussed with the Ministry of Foreign Affairs and Regional Integration and its impact on our foreign relations. What are we doing? Next time, are we going to say that if someone is married to a Ghanaian for 20 years and the person is not a citizen, he should also vote? Then we must as well tell them to vote even though they are not Ghanaians. What are we talking about?
    Mr Speaker, there is cost to citizenship. Some countries do not recognise dual citizenship, others recognise dual citizenship. And if you are not prepared to get the benefits of citizenship of Ghana because of financial losses that you may incur somewhere, then please, it is your choice. What are we doing to our country?
    Mr Speaker, I would want a situation where foreign spouses can benefit for everything. If we want foreign spouses who are not even Ghanaians to also vote, let us do that. But when we are talking about serious policy matters, it is not isolated. So, please, since this is a major policy matter, I would want to be properly informed, properly briefed.
    Mr Speaker, having said that, I would want to raise this issue 1:15 p.m.
    the way we go about some amendments in respect of Bills before us as Members of Parliament, I believe that we should be careful.
    If amendments have policy implica- tions, please, let us be fully briefed.
    In moving the amendment, I do not think any convincing arguments have been advanced by the Hon Chairman. And when the Report was brought, this provision was not there; it was not. [Interruption.] I am saying that when the Report of the Committee came before the House, this proposed amendment was not there. Mr Speaker, let us just defer it.
    Let us better consider it. Other than that, I am urging Hon Members of this House, if the Hon Chairman persists in moving this amendment, that this amendment would be inimical to our country in terms of broad policy matters -- To the Hon Deputy Attorney-General and Deputy Minister for Justice, I urge that -- He is the principal legal advisor to the Government -- When he comes to this House to espouse any position,
    please, he must make sure that that is the policy position of Government.
    If that is what Government is saying, I would want the Hon Attorney-General and Minister for Justice and the Hon Minister for Foreign Affairs and Regional Integration to come before this House and support it. If not, I am urging Hon Members of this House to oppose it. And we will use all available means to us by our Constitution and our Standing Orders to ensure that this amendment is not accepted by this House.
    But I am urging the Hon Chairman to stand it down. If they say that they would not stand it down, well, I will take the Standing Orders.
    Mr Agbesi 1:15 p.m.
    Mr Speaker, this amend- ment is being proposed by the Committee and introduced by the Hon Chairman of the Committee. Indeed, it has been supported and reasons have been given by the Hon Deputy Attorney-General and Deputy Minister for Justice. It means that that is the policy of Government and this - - [Interruption] -- I am saying that it has been supported and reasons given by the Hon Deputy Attorney-General and Deputy Minister for Justice.
    If you are not satisfied with that reason, it does not mean that you cannot argue or debate on the matter. We are debating the amendment and the Hon Deputy Attorney-General and Deputy Minister for Justice has said that one of the reasons this amendment is being proposed is that spouses who have lived in this country, who have helped this country, are being exempted on the grounds that we do not want them to lose what they stand to benefit in their country of origin.
    That is the basis on which this amendment is being proposed. And you are free to give your reason to oppose or accept.
    On this side of the House, we are saying that this amendment is proper, it should be accepted and we would want Mr Speaker, to put the Question on it.
    Dr A. A. Osei 1:15 p.m.
    Mr Speaker, we just finished talking about -- [Interruption]
    Mr First Deputy Speaker 1:15 p.m.
    Can we please, have some order?
    Dr A. A. Osei 1:15 p.m.
    The Statement that was made about Prof. Busia took us in a certain direction, a direction where we should not be partisan on certain matters -- [Interruption] -- Please! The Hon Deputy Majority Leader is calling us on partisan terms on -- [Interruption] -- He said “this side of the House”.
    Mr Agbesi 1:15 p.m.
    Mr Speaker, I would want my Hon Colleague to know that Hon Papa Owusu-Ankomah debated the matter before I came to the floor and he said that they would use -- [Interruption.]
    Papa Owusu-Ankomah 1:15 p.m.
    Mr Speaker, I said I would use all available means -- [Interruption.]
    Mr Agbesi 1:15 p.m.
    You said “we”; you said “you” --
    Papa Owusu-Ankomah 1:15 p.m.
    I said “I”; I did not say -- I am not a spokesperson for my side --
    Mr First Deputy Speaker 1:15 p.m.
    Hon Members, I call for truce, I call for truce; shall we make some progress?
    Yes, Hon Dr Akoto Osei?
    Dr A. A. Osei 1:15 p.m.
    Mr Speaker, I would want to appeal to Hon Members that on matters where we are not sure, we should try not to get in a certain way where we position ourselves as if it were a partisan matter.
    If you listen carefully, very important reasons have been adduced why perhaps, we should stand it down. Sometimes, standing it down now for Hon Members to talk to one another more, moves the House ahead. Mr Speaker, if this amendment is not passed, this Bill can still go forward. But we ought to be giving better reasons in caucus. But if we are always going to say: “This side of the House” -- Mr Speaker, we have Standing Orders, and as it is, we cannot take decisions.
    We are staying to take decisions to move us forward, but if the Hon Majority Leader wants us to take that way -- he forces us to go that way-- we do not want to go that way. So, I would want to appeal to my Hon good Friend, that issues have been raised on both sides and some of us need to be held in caucus on a major matter that may have several implications.
    So, I strongly urge the Hon Chairman of the Committee -- at this point, it will help the House to step it down, so that we can talk further.
    Mr First Deputy Speaker 1:15 p.m.
    Well, Hon Member, your point is well made.
    Hon Chairman of the Committee, let us hear your response.
    Alhaji Sorogho 1:15 p.m.
    Mr Speaker, I would want to thank my Hon Colleagues for their wonderful contributions.
    But Mr Speaker, I would want to put this on record. Mr Speaker, it is not “Sorogho” here -- [Interruption] -- Please, hold on. When you say you are telling the Hon Chairman that if he says he is going to-- then we are going to -- He did not say “I”; I know, when he is
    annoyed, he just uses the word “we”. I knew very well he would retract and withdraw the “we” and replace it with “I” because he said “we” and everybody heard him.
    What I am saying is that Mr Speaker, if it is the wish of the House that this is still debatable and that we must stand it down for further consultation, there is no problem. But this is not Hon Sorogho's idea; it was a Committee that met; all of us, and we discussed it. But Mr Speaker, there is one thing that I would want to clarify.
    The very reason that Hon Papa Owusu-Ankomah gave -- the example of Germany -- [Interruption] -- Please, it was one of the reasons this amendment was accepted. Hon Owusu-Ankomah said that if the person wants to become a Ghanaian, he should not benefit from his hometown and still benefit from Ghana.
    If you go through the Bill very well, there are areas which have been reserved for Ghanaians, areas reserved for joint ventureship, areas reserved solely -- So, if you want us to withdraw, Mr Speaker, I would want to step this down. My Hon Ranking Member is saying no because -- he contributed immensely to this. Mr Speaker, I hope you will listen to my Hon Ranking Member before I come up with --
    Mr First Deputy Speaker 1:15 p.m.
    Before the Hon Ranking Member, Hon Asiamah --
    Mr Isaac K. Asiamah 1:15 p.m.
    Mr Speaker, the Hon Chairman of the Committee did mention a word -- attributed a word to Hon Papa Owusu-Ankomah, a senior Hon Member of this House that I would want him to withdraw. He did say that he was annoyed when he was speaking. Mr Speaker, that is very unparliamentary. Hon Papa Owusu-Ankomah was not
    annoyed; he was so passionate about it. Being passionate, being concerned does not make one annoyed. It is unparliamen- tary and he should withdraw that word used against Hon Papa Owusu-Ankomah.
    That is my concern.
    Mr First Deputy Speaker 1:25 p.m.
    Hon Members, I hope you would just take the advice I gave. I am calling for truce; let us move forward.
    Yes, Hon Papa Owusu-Ankomah, then Hon Minority Leader --
    Papa Owusu-Ankomah 1:25 p.m.
    Mr Speaker, I never made any personal attribution to the Hon Chairman. I did not even refer to him as the “Hon Member of Parliament for Abokobi-Madina”; I said the “Hon Chairman.” I did not personalise it. I said the “Chairman”, the “Chairman.” And I know that as a Chairman, he is a spokesperson -- [Interruption] -- I have seen “Amadu A Sorogho -- Abokobi/ Madina”-- [Interruption] -- This is Sekondi; I was looking at the plaque in front of him.
    Mr Speaker, if he says it is Madina, I accept it. But please, he should not unwillingly encourage us from misleading ourselves. He should tell the Clerk to change it. That is the point I am making because I was looking at it.
    Mr Speaker, I never speak in anger because I have been taught that when one is angry, it is very dangerous for one to speak. Whatever one says, one cannot take back.
    Mr First Deputy Speaker 1:25 p.m.
    In Prof. Busia's school.
    Papa Owusu-Ankomah 1:25 p.m.
    The Hon First Deputy Speaker was my senior when I entered Mfantsipim in September, 1969. -- [Hear! Hear!]
    So, I would want the Hon Chairman of the Committee to take note of the fact that I never wanted to personalise it.
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr Speaker, I think I have taken a cue from what the Hon Chairman of the Committee has indicated, that he may step it down for further consultations, if that is the sense of the House.
    But Mr Speaker, I think the concern being raised by Hon Members is that what is being introduced as clause 27 (6) is seeking to provide a window of opportunity to foreign spouses. The tendency really is under what we have captured in clauses 26 and 27 with respect to non-citizens.
    So, we are creating another window for them. We should consider whether this would not occasion marriages of convenience, for instance. We should be concerned as a nation.
    Mr First Deputy Speaker 1:25 p.m.
    Order!
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    He is articulating a position relating to a policy guideline. It is not for this House -- And the Hon Chairman is a Chairman of a Committee of this House -- It is the Executive that introduces policy. So, if he introduces a matter of policy, that will go against even the Constitutional provision relating to the issuance of policy guidelines, it should rather emanate from the Executive and not the Committee of this House.
    Mr Speaker, we should be concerned about the intendment of article 106 (2) of the Constitution and we should refrain from unwittingly traversing the cause of the Executive.

    But having said that, Mr Speaker, we all know that the Memorandum does not contain this and as we have been reminded by the Hon Member for Sekondi, the Report of the Committee that came to this House, does not even contain that. If it is a policy directive from the Executive, let us consider it as such. But then, the proper thing ought to be done.

    Mr Speaker, I am saying this because every now and then, we are jumping into a fray that is the preserve of the Executive. Mr Speaker, you would remember that when we came to dealing with the Petroleum Revenue Management Bill, the matter relating to collateralisation was a policy issue.

    Later in this House, an Hon Member got up and said “I have done this” contradicting the policy. Is Parliament able to do that? So, I think this is the matter that should concern all of us. And as I said, if it is a policy directive from the Executive, they may have to look at that. But I agree with the Hon Chairman that perhaps, we need to stand it down, have further consultation and come to that.

    Mr Speaker, I thank you.
    Prof. Gyan-Baffour 1:25 p.m.
    Mr Speaker, I think the mood in the House is a bit -- and probably, we would take the advice of Hon Members to really hold on until tomorrow or some other day.
    But Mr Speaker, the issue here is not about citizenship. This Bill is not about being a Ghanaian or not a Ghanaian. This Bill is about investment promotion. And we are seeking to actually promote businesses but at the same time, finding a way to encourage Ghanaians by keeping some businesses away from foreigners and then giving them to Ghanaians. That is the essence of the Bill here.
    Mr First Deputy Speaker 1:35 p.m.
    Hon Member, I think your point is well made.
    Prof. Gyan-Baffour 1:35 p.m.
    Thank you, Mr Speaker.
    Mr First Deputy Speaker 1:35 p.m.
    Looking at the sense of the House, I think that it would be appropriate for this matter to be deferred and I direct accordingly.
    Yes, Hon Chairman of the Committee?
    Alhaji Sorogho 1:35 p.m.
    Mr Speaker, since there are no proposed amendments up to clause 31, I hope you would put the Question on them.
    Clause 28 to 30 ordered to stand part of the Bill.
    Clause 31 -- Investment guarantees, transfer of capital, profits and dividends and personal remittances.
    Alhaji Sorogho 1:35 p.m.
    Mr Speaker, that proposed amendment is withdrawn. We want to maintain what is already proposed in the Bill.
    Mr Kyei-Mensah-Bonsu 1:35 p.m.
    Mr Speaker, I was following clause 31 and trying to make sense out of the amendment proposed by the Committee through the Hon Chairman, but he is saying that he is abandoning it. Can he explain to us why he is abandoning it?
    Alhaji Sorogho 1:35 p.m.
    Mr Speaker, ordinarily, I think when I abandon something, it should have been enough but the reason is that, if you read that clause very well, the Foreign Exchange Act deals with those issues. So, if somebody works or a company is here and you are still telling that company or that
    person that even after paying all the statutory taxes, he can send back to wherever he is coming from, only 60 per cent, it means that you are restricting their incomes, and I think it goes against the Foreign Exchange Act. So, when we went back and considered it, we realised that it cannot be there.
    We cannot. So long as the person has fulfilled his obligations by paying all his taxes, whatever it is, you cannot put a break and say that even after that, whatever he earns, he can only repatriate 60 per cent net of that. That is the reason.
    Mr First Deputy Speaker 1:35 p.m.
    All right. So, Hon Members, I shall put the Question.
    Mr Kyei-Mensah-Bonsu 1:35 p.m.
    Mr Speaker, I must admit that I have not really followed the Bill up to where we have got to now. But I do remember that at various places, we were talking about “non-citizens” and at other places, we were saying “expatriates”. Why are we not being consistent?
    Mr First Deputy Speaker 1:35 p.m.
    Yes, Hon Chairman, do you have any explanation?
    Alhaji Sorogho 1:35 p.m.
    Yes, Mr Speaker. If he wants to further amend that, so that instead of saying “an expatriate” he wants us to replace it with “non-citizen”, I do not have a problem. If he wants me to move to introduce that one -- But as it is now, I wish that we just take it as it is:
    “An expatriate person employed or engaged in an enterprise may, subject to the fulfilment of all tax obligations make remittances which do not exceed the basic net salary of that person.”
    We have dropped that one, so, I think we should go with that. It has been dropped, so there is no need for him to again regulate how much that person can send.
    Mr Kyei-Mensah-Bonsu 1:35 p.m.
    Mr Speaker, that is not the issue. I think we have gone beyond that. I am just asking, that at all places before clause 31, we had related to “non-citizens” of Ghana. Now, he is talking about “expatriates” and I am asking, for consistency, does he not think that we should continue to use “non-citizens”? Why the use of the term “expatriates” here? That is the question I am now asking.
    I do not know what reasons have been adduced at the Committee level. That is why I am asking. Other than that, I would suggest to him that for consistency sake, let us go and use the term that we have used earlier.
    Nii Lantey Vanderpuye: Mr Speaker, I would humbly inform the Hon Minority Leader, that all the clauses we have looked at relate to non-citizens investing in the economy. This particular one relates to an expatriate employed; so, the two are different. This one is on income; the other is on investment.
    Mr First Deputy Speaker 1:35 p.m.
    Very well.
    Hon Members, I will put the Question.
    Mr Dominic B. A. Nitiwul 1:35 p.m.
    Mr Speaker, the explana-tion by the Hon Deputy Minister confuses me. I remember, for example, when the Chinese worked on the Tamale Sports Stadium or even the Sekondi-Takoradi Sports Stadium, they brought ordinary workers; they were not expatriates. They were ordinary workers, for example.
    If, for example, these ordinary workers who are labourers earn a certain amount of money, does this clause apply to them or it does not apply to them? That is the point he is making. Are they expatriates? That is what he wants to know.
    Mr First Deputy Speaker 1:35 p.m.
    I would want to believe that, to the extent that they are expatriates, it would apply to them. The distinction is here. As the Hon Deputy Minister indicated, an expatriate is a foreigner who is employed. But a non- citizen or a foreigner who invests, is not described as an expatriate.
    That was why when the colonial masters handed over to us, there were some Ghanaians or Gold Coasters who were earning expatriate salary although they were Ghanaians. But that was to do with the categories of employees that we had.
    Mr Nitiwul 1:35 p.m.
    Mr Speaker, many start- up companies bring in expatriates and at the end of the day, they sell shares to those workers and the man may end up having shares in that company. He then becomes an investor. [Interruption.] One needs to be very careful when he is putting these terms in, otherwise, tomorrow, it would come back and haunt us.
    So, that is what he is trying to ask, whether it is just about the fact that he is an expatriate or he is talking about non- Ghanaians. If he is a non-Ghanaian, he is a non-Ghanaian. Whether he is a Togolese or he is an American or he is a Chinese, he is a non-Ghanaian.
    Mr First Deputy Speaker 1:35 p.m.
    But there is a further distinction. A non-Ghanaian who is an employee and a non-Ghanaian who is an investor. That is where the distinction lies, I would think so. A non- Ghanaian who is an investor is not described as an expatriate. A non- Ghanaian who is employed as a worker in the establishment is an expatriate.
    So, in the Ministry of the Interior, there is provision for that. They would put in an application and state why they want those foreigners to become expatriates instead of Ghanaians doing the jobs, and there are quotas for various institutions.
    All right. So, now, I will put the Question, starting with clause 31, since the amendment has been withdrawn.
    Clause 31 to 33 ordered to stand part of the Bill.
    Clause 34 -- Automatic expatriate quotas
    Alhaji Sorogho 1:35 p.m.
    Mr Speaker, I beg to move, clause 34, subclause (1), paragraph (a), sub-paragraph (1), lines 1 and 2, delete “fifty thousand United States dollars and not more than two hundred and fifty thousand” and substitute the following:
    “two hundred thousand United States dollars and not more than five hundred thousand”.
    Mr First Deputy Speaker 1:35 p.m.
    And the rationale?
    Alhaji Sorogho 1:35 p.m.
    Mr Speaker, it is just a consequence of what we did early on.
    Mr First Deputy Speaker 1:35 p.m.
    I think it is a harmonisation of the penalty regime, so, I will put the Question.
    rose
    Mr First Deputy Speaker 1:35 p.m.
    Do you have anything?
    Dr Kwabena Donkor 1:45 p.m.
    Mr Speaker, I am very worried about automatic quotas because of our experience in other sectors. For example, if you take the oil and gas sector, there is a specific requirement for a quota. A company must justify why an expatriate should be brought in for a job and there is a process we go through.
    Once you bring in an automatic quota, then that justification, that process that is used, I am afraid would be nullified. I am all for quotas but if we say automatic quota, then I get worried.
    Alhaji Sorogho 1:45 p.m.
    Mr Speaker, it is agreed everywhere that when the person comes in with a certain amount, automatically, he must have a quota. That one is, before you can apply for more, you have to justify and that is why we are now giving the ceiling. Initially, it was only US$50,000. You were entitled to, say, four quotas.
    We are saying that, no, Ghana has moved forward and so, we cannot continue to live as if we are living in the past, so the amount has been inched up. Immediately, you are able -- it does not mean that automatically, when they give you and do not have, you must bring them, no.
    There may be some enterprises and some companies even though they qualify under this law because they have invested about US$500,000 initial capital, they may say that, no, they want one or two. But you need to convince the investor that, yes, when you bring your money, before you start, bring in this number of people.
    It also serves as a guarantee by which investors will have confidence to bring in their moneys to invest because they know that if they are coming in with US$500,000 automatically, they must get somebody who must be the Finance Director, at least, so that the money that they have brought, they are assured that, yes, it is in good hands because they know the person. That is why we are doing it.
    But when you go further, it is saying that any enterprise which wants more quota, must justify and so, I think it is in the right direction.
    Mr George K. Aboagye 1:45 p.m.
    Mr Speaker, I support the Hon Chairman. We are talking about a quantitative number of people coming in. The man comes with an amount of money and he must obviously come and work the money. Hon Dr Donkor is talking about qualitative; that comes after the person had got the automatic quota and wants to bring, subsequently, other expatriates. Then you will have to vet them, because the one who gets automatic quota is the investor.
    The people who come after the investor, are the people who are coming to work for the investment. Those ones even at Ghana Investment Promotion Centre (GIPC), we also vet them. We ask you: “Can a Ghanaian not do this job?” And if we feel that Ghanaians can do such a job, we recommend them to look round and we will not push it.
    Dr Donkor 1:45 p.m.
    Mr Speaker, when we talk of a Ghanaian or an investor, for example, in oil and gas industry, when we talk about ‘companies', are we referring to investors or the individuals? We are talking of a dollar-- five billion dollar investments. We do not have an investor in oil and gas; we have companies that come to invest; we do not have individuals.
    So, once you relate to automatic quotas -- Meanwhile, we have other processes for approving quotas; there is a set process. Under our local content provision, there are very specific rules about quota, other than that, oil companies for example, will prefer bringing in even cooks from Scotland because they are used to them. So, we should not open up on one hand while we try to control the other.
    I am not against quotas, but when they become automatic for US$250,000, then when he is bringing US$1 billion, how many people are we going to give as quota?
    Mr First Deputy Speaker 1:45 p.m.
    My understanding of this whole issue is like this, the person or the company has satisfied all the requirements and it is about to begin operations in Ghana. Therefore, it will be entitled to a certain limited number by way of quota, so that that company can kick-start.
    But if subsequently, you think you need more than you have been allowed to use in operating, you bring in an application and it will be considered on its merits. So, I would have thought that this would be--
    Nii Lantey Vanderpuye: Mr Speaker, I would indulge Hon Members, that this is already an existing law. What we have done basically, is to be able to up it a little to reflect the present day economic circumstance of this country. The economy has opened up so much that, when you are investing, this is the range within which you would have to do these things.
    People should understand that it is a law that has existed and not a main law per se which is being looked at. It is the value in it that is being looked at.
    Mr Kyei-Mensah-Bonsu 1:45 p.m.
    Mr Speaker, the Hon Chairman has effected the consequential amendments in respect of clause 34 (1)(a); what of the other ones? I think there are other consequential amendments. Clause 34 (1) (b) and (c ) would also have consequential amend- ments.
    Alhaji Sorogho 1:45 p.m.
    Mr Speaker, I realise the first one is only one quota. What the Hon Minority Leader referred to is entitled to four, so, it is only the first one that we thought -- Just US$50,000 should not allow you to have an automatic one quota. So, that one, we raised it to US$250, so that it will qualify you for the first quota.
    When you get to US$700,000, the seven still stands. So, we will still leave it at that. That is why the amendment proposed was in respect of the first one.
    Mr First Deputy Speaker 1:45 p.m.
    Hon Minority Leader, are you alright with it?
    Mr Kyei-Mensah-Bonsu 1:45 p.m.
    Mr Speaker, no. What I am drawing the Hon Chairman's attention to is that -- When we began from clause 27 (1) originally, it was US$50 and then it was increased to
    US$200.
    Then clause 27 (b) originally had US$200,000 now increased to US$500,000. So, now, what we have in clause 34 (1) (a)(ii) commensurately should be affected. It should not be in the belly of between US$200,000 and US$500,000 that we have adopted. That is why I am drawing his attention to that, because it is meant that the US$250,000 will exceed the ceiling placed in clause 27 (1) (b).
    Alhaji Sorogho 1:45 p.m.
    Mr Speaker, he is right but since we are standing down some of the clauses, we will meet -- I think I understand what he is saying. It is flowing from clause 27, so the increment should go across all --
    Mr First Deputy Speaker 1:45 p.m.
    So, that issue will be discussed in detail.
    Alhaji Sorogho 1:45 p.m.
    Yes, we will just meet and --
    Mr First Deputy Speaker 1:45 p.m.
    In that case, do we defer putting the Question on clause 34 until after the deliberation?
    Alhaji Sorogho 1:45 p.m.
    Yes, I think we can. It is only that portion, so that we can realign.
    Mr First Deputy Speaker 1:55 p.m.
    So, we will defer clause 34, so that after the winnowing, we can look at that.
    So, it is accordingly deferred.
    Now, we move on to clause 35. There is no proposed amendment.

    Clause 35 ordered to stand part of the Bill.

    Clause 36 -- Technology transfer agreements.
    Alhaji Sorogho 1:55 p.m.
    Mr Speaker, I beg to move, clause 36, subclause (6), delete and substitute 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.”
    It makes it neat because there were so many subclauses which were dealing with the same thing. So, we brought all together to make it neat, and it captures the entire idea what the Bill seeks to achieve. It makes it neater and straightforward.
    Mr First Deputy Speaker 1:55 p.m.
    Hon Members, may I just intervene with the directive that, having consideration to the time factor, I direct that we Sit beyond the stipulated time in accordance with Standing Order 40(3).
    Hon Chairman, so, you are through with your explanation. Is that right?
    Are there any issue that Hon Members would want to draw attention to? Otherwise, I will put the Question.
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker, my own concern is that really -- and I must admit that I have not had time to peruse the Bill well. But as and when we get to various places, we are looking at them.
    The amendment being proffered by the Committee, relating to how a technology transfer agreement may be handled, that is the renewal of the transfer agreement. I thought that the body then would have
    Mr Kyei-Mensah-Bonsu 1:55 p.m.


    to capture, once you grant the licence, how long it should last before you come to the renewal. I do not see any such term duration for the licence. Otherwise, maybe, we have to locate it in the regulations, and that is what we have to capture.
    Alhaji Sorogho 1:55 p.m.
    Mr Speaker, we intend that the regulation would capture that aspect.
    Mr First Deputy Speaker 1:55 p.m.
    While we are at it, I would also want to draw your attention to the fact that, quite a number of these technology transfer agreements are not monitored by the Centre. As a result, they would even lapse and yet continue being carried out when they would not have complied with the portion of it which says, “the Ghanaian has been well trained to take over”.
    This happens a lot of the time, so, we must find ways and means of monitoring these agreements, so that we are not overtaken by events.
    Nii Lantey Vanderpuye: Mr Speaker, I would want to say that, we would take account of all these indications when it comes to the regulations.
    Question put and amendment agreed to.
    Clause 36 as amended ordered to stand part of the Bill.
    Clause 37 -- Monitoring.
    Alhaji Sorogho 1:55 p.m.
    Mr Speaker, I beg to move, clause 37, subclause (3), line 2, after “Centre” insert “who provides proof of identity”.
    Mr Speaker, the reason is that we cannot just allow anybody to come and say that “I am this or that person, so, I am coming to inspect the Centre or coming to ask question”. He must provide a proof that really, he is from the Centre. That is just to make it clearer.
    Mr First Deputy Speaker 1:55 p.m.
    I think it is straightforward, so, I will put the Question --
    Mr Kyei-Mensah-Bonsu 1:55 p.m.
    Mr Speaker, I would want to know which one the Chairman is dealing with.
    Alhaji Sorogho 1:55 p.m.
    Clause 37.
    Mr First Deputy Speaker 1:55 p.m.
    They are just making provision for some identification of a sort of whoever is coming to monitor.
    Question put and amendment agreed to.
    Clause 37 as amended ordered to stand part of the Bill.
    Clause 38 -- Appeal against decisions of the Centre.
    Alhaji Sorogho 1:55 p.m.
    Mr Speaker, I beg to move, clause 38, add a new subclause:
    “(b) A person dissatisfied with the decision of the Board may apply to a High Court for judicial review”.
    Mr First Deputy Speaker 1:55 p.m.
    I think the reason is clear, unless you would want the Chairman to expatiate.
    I will put the Question --
    Dr Kunbuor 1:55 p.m.
    Mr Speaker, I think we have to be a bit wary about clause 38. The High Court is a superior court and jurisdictional issues should not be conferred in this form. What I think they would want to do is that, they want the matter to go to court for redress. Now, the subject matter and the quantum would determine which court.
    But when you specify it as High Court, then it means we are making it mandatory that the person must go to a High Court. We are conferring a jurisdiction and we have to be careful when you are conferring jurisdiction on a superior court. So, I would want that it be amended to read: “a redress to the court”.
    Mr First Deputy Speaker 2:05 p.m.
    Hon Minority Leader, do you still have something to say or otherwise, you may --
    Mr Kyei-Mensah-Bonsu 2:05 p.m.
    Mr Speaker, it is just about the same thing because he is calling for a judicial review and I was going to ask what judicial review; what decision had been made by the court? But I think the further amendment proposed by the Hon Majority Leader cures the issue that I wanted to bring.
    In any event, we are talking about decision of the Board because clause 38(1) deals with the decision of the Centre. So, I wanted it to be very explicit because clause 38(6), this new one is talking about the decision of the Board as distinct from the decision of the Centre.
    I think the new rendition by the Chairman, as further improved by the Hon Majority Leader, would cure that mischief.
    Question put and amendment agreed to.
    Clause 38 as amended ordered to stand part of the Bill.
    Clause 39 -- Offences.
    Alhaji Sorogho 2:05 p.m.
    Mr Speaker, I beg to move, clause 39, delete and substitute the following:
    “Offences”
    (1) A person commits an offence if that person being an enterprise
    (a) which is required to register with the Centre by the Act fails to register or renew its registration with the Centre;
    (b) engages in an activity other than the activity for which that enterprise has been registered under this Act;
    (c) applies any benefit conferred by or under this Act for purposes other than for which the benefit was conferred;
    (d) refuses or neglects to give any information which the Centre reasonably requires for the purpose of this Act;
    (e) refuses without lawful excuse to admit an officer or a designated person into the business of that enterprise or otherwise obstructs an officer or a designated agent of the Centre in the performance of the functions of the officer or agent;
    (f) deliberately or negligently sub- mits false or misleading informa- tion to the Centre;
    (g) lets out a stall or store in a market to a foreigner; or
    (h)otherwise contravenes a provision of this Act.”
    Question put and amendment agreed to.
    Clause 39 as amended ordered to stand part of the Bill.
    Clause 40 -- Penalties.
    Mr Patrick Yaw Boamah 2:05 p.m.
    Mr Speaker I beg to move, clause 40, a new rendition that reads as follows:
    “An enterprise which commits an offence under section 39 is liable on summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units and in the case of a continuing offence to an additional fine of not less than 25 penalty units and not more than 50 penalty units in respect of each day that the offence continues”.
    Mr Speaker, the reason being that, this is a law that the Government is proposing to support investment and also to protect the local citizens in areas of business or enterprise. If the law is so relaxed, and in the fines and penalty units amendment instrument 2005 L.I. 1813, one penalty unit is pegged at GH¢12.00.
    So, if you do not tighten the sanctions regime to discourage our own nationals from conniving with foreigners, they will go round this same law that is seeking to protect business or trading activities in the market.
    That is the reason behind this amendment, Mr Speaker.
    Mr First Deputy Speaker 2:05 p.m.
    Hon Chairman of the Committee, how do you respond to that?
    Alhaji Sorogho 2:05 p.m.
    Mr Speaker, I do not have any problem with his amendment. It is a way of tightening it and making sure that the right things are done
    Mr Kyei-Mensah-Bonsu 2:05 p.m.
    Mr Speaker, is it in respect of clause 38 or 39?
    Mr First Deputy Speaker 2:05 p.m.
    We are dealing with clause 40.
    Mr Kyei-Mensah-Bonsu 2:05 p.m.
    Mr Speaker, I just wanted us, for reasons of consistency -- because all through we have been talking about citizens of Ghana and non-citizens of Ghana. When we come to the “offences” -- we were talking about foreigners. So, I think that for consistency, we should be using “non- citizens of Ghana” instead of talking about “foreigners”.
    That is because all through the Bill, we are making a distinction between citizens of Ghana and non- citizens of Ghana. So, why is it that when we come to the “Offences” column, we talk about foreigners -- For consistency sake, let us use “non-citizens of Ghana.”
    Mr First Deputy Speaker 2:05 p.m.
    May I direct the Table Office, so that the draftpersons will use the appropriate terminology?
    Question put and amendment agreed to
    Clause 40 as amended ordered to stand part of the Bill.
    Clause 41 ordered to stand part of the Bill.
    Clause 42 -- Interpretation
    Mr First Deputy Speaker 2:05 p.m.
    Hon Joseph Boakye Danquah?
    Alhaji Sorogho 2:05 p.m.
    Mr Speaker, I would want to take it on his behalf. [Interruptions]
    Mr First Deputy Speaker 2:05 p.m.
    Hon Member, is the amendment withdrawn?
    Alhaji Sorogho 2:05 p.m.
    Yes, Mr Speaker.
    Mr First Deputy Speaker 2:05 p.m.
    I would want to hear from Hon Danquah himself. Is the amendment withdrawn?
    Mr J. B. Danquah 2:15 p.m.
    Yes, Mr Speaker. It has been withdrawn. It has been sorted out.
    Mr First Deputy Speaker 2:15 p.m.
    So, we move on to the next one on the same 42 that is xxiii.
    Alhaji Sorogho 2:15 p.m.
    Mr Speaker, I beg to move, clause 42; Interpretation of “Gha- naian”, line 3, delete “the majority capital or financial interest of which is” and substitute “which is wholly” and further in line 4, delete “and includes the State and statutory corporation”.
    Mr First Deputy Speaker 2:15 p.m.
    Go over the new rendition, so that we will appreciate what is captured.
    Alhaji Sorogho 2:15 p.m.
    Mr Speaker, Interpretation of Ghanaian, clause 42, line
    3 --
    “Ghanaian means a citizen of Ghana or company, partnership or association
    or body, whether corporate or un- incorporated,” and deleting “the majority capital of financial interest
    of which is wholly owned by citi- zens of Ghana.”
    It ends there.
    Question put and amendment agreed to.
    Clause 42 as amended ordered to stand part of the Bill.
    Clause 42 ordered to stand part of the Bill.
    Alhaji Sorogho 2:15 p.m.
    Mr Speaker, I beg to move, clause 42, Interpretation of “Technology transfer agreement”, delete and substitute the following:
    “Technology transfer agreement” means an agreement with an enterprise which has a duration of not less than eighteen months which involves:
    (a) The assignment, sale and licen- sing of all forms of industrial property, except for trademarks, service marks and trade names when they are not part of transfer of technology.
    (b) The provision of know-how and technical expertise in the form of feasibility studies, plans, dia- grams, models, instructions, guides, formulae, basic or detailed engineering designs, specifications and equipment for training, services involving technical advisory and manage- rial personnel, and personnel training.
    (c) The provision of technological knowledge necessary for the installation, operation and functioning of the plant and equipment, and turnkey projects.
    (d) The provision of technological knowledge necessary to acquire, install and use machinery, equip- ment, intermediate goods and / or raw materials which have been acquired by purchase, lease or other means.”
    Mr First Deputy Speaker 2:15 p.m.
    Yes, what is the feel of the House?
    Mr Kyei-Mensah-Bonsu 2:15 p.m.
    Mr Speaker, for (b), what the Hon Chairman proposes, the provision of “know-how”; Mr Speaker, “know- how” is too pedestrian a language, it is certainly not a language; I do not know whether you are talking about technology; the provision of technology or technical expertise; provision of “know-how”.
    Alhaji Sorogho 2:15 p.m.
    Mr Speaker, normally, when he raises such a question, he goes on to suggest an alternative. We are lucky to have an encyclopedia of the House.
    Alhaji Sorogho 2:15 p.m.
    Mr Speaker, I beg to move, clause 42, add the following new Interpretations:
    “Pharmaceutical products means any chemical substance or products intended for use in the medical diagnosis, cure, treatment or prevention of disease.”
    Question put and amendment agreed to.
    Alhaji Sorogho 2:15 p.m.
    Mr Speaker, I beg to move, clause 42, add the following new Interpretations:
    “Finished pharmaceutical products means any chemical substance or products meant for purchase by the end user.”
    Mr Bernard Ahiafor 2:15 p.m.
    Mr Speaker, for purposes of clarity, what happens if the product is meant for purchase but not for a gift? It is still a “finished pharmaceutical product”? So, Mr Speaker, with leave, if I may propose deletion of “purchase by” so that the new rendition would read as follows:
    “Finished pharmaceutical pro- ducts” means any chemical substance or products meant for the end user”.
    Mr Speaker, If you say “for purchase by the end user”, then there would be a situation where if the chemical is not for purchase, it would not be a “finished pharmaceutical product”.
    Mr First Deputy Speaker 2:15 p.m.
    I think it sounds good.
    Alhaji Sorogho 2:15 p.m.
    Mr Speaker, I do not have any problem with that.
    Mr Speaker, I beg to move, clause 42, add the following new Interpretations;
    “Finished pharmaceutical products means any chemical substance or products meant for the end user”.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 2:15 p.m.
    Mr Speaker, I am not too sure of what you have done in respect of this definition. “Finished pharmaceutical products”; I think what we really mean is a “chemical substance or product that is not meant for further processing by end user”. This is because at any time, any chemical substance could be meant for the “end user”.
    We are talking about it not being subject to further processing. So, I do not know whether you cannot --
    rose
    Mr First Deputy Speaker 2:15 p.m.
    Hon Asiamah, what is your point of order?
    Mr I. K. Asiamah 2:15 p.m.
    Mr Speaker, it is on order 40(2); you can make reference to it. Mr Speaker, it is passed 2'o clock; it is against my right to be sitting here after 2.00 p.m. Mr Speaker, since no provision has been made for us to remain here, I urge --
    Mr First Deputy Speaker 2:15 p.m.
    Hon Member, I made the necessary direction and who tells you no provision has been made?
    Mr I. K. Asiamah 2:25 p.m.
    Mr Speaker, we have searched every place, there is no provision for us to remain here.
    Mr First Deputy Speaker 2:25 p.m.
    You went there too early.
    Mr I. K. Asiamah 2:25 p.m.
    Some of us are under medical instructions to take certain things at certain times.
    Mr First Deputy Speaker 2:25 p.m.
    You went there too early.
    Yes, Hon Member who proposed the amendment? How do you respond to the Hon Minority Leader's concern?
    Mr Ahiafor 2:25 p.m.
    Mr Speaker, I agree with the Hon Minority Leader, in the sense that, if the product or the chemical substance is not going to be further processed, it is at that point that it would be taken to mean a “finished pharmaceutical product”.
    Mr First Deputy Speaker 2:25 p.m.
    Hon Chairman, what is your response to that?
    Alhaji Sorogho 2:25 p.m.
    Mr Speaker, I think the Hon Minority Leader wanted clarity. When we say “for end user,” there can even be a raw material that may go to the end user. Somebody may use semi- finished. So, if we are not careful -- What I am saying is that, we can agree to what is already here and further amended by my Hon Colleague for now, and if there are any improvements, we can think about that later. But for now, Mr Speaker, I think let us agree to what is here.
    Mr Kyei-Mensah-Bonsu 2:25 p.m.
    Mr Speaker, the difficulty is what we did the day before yesterday. We wanted to be very sure that semi-finished products are not included in this regime. But now, he is relating to that -- [Interruption] -- Semi-finished products -- Good-- [Interruptions.] Did you listen to him,
    Hon Majority Leader? That even a raw material could be used by an end user. Is he then saying that the raw material should be included in this category? That is why I wanted us to be very definitive in this. I guess we can leave it to the draftspersons to help us, I think that would be better. But what he is saying is certainly not good enough.
    Mr First Deputy Speaker 2:25 p.m.
    Yes, I think I would direct that the draftspersons take care of that issue and use the right wording for the purpose.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:25 p.m.
    Yes, Hon Majority Leader, where do we go from here? Do you want to look at the Long Title?
    Dr Kunbuor 2:25 p.m.
    Mr Speaker, I have been guided that we should go back to the clause 5 that was deferred. This is because there seems to be some understanding on the issues on clause 5.
    Mr Kyei-Mensah-Bonsu 2:25 p.m.
    Mr Speaker, with respect, before we go back to clause 5, I was just looking at the Memorandum. The Chairman informed us that the Hon J. B. Danquah had abandoned his intended amendment. But I look at the Memoran- dum, page 3, and the third paragraph which, with your permission, I beg to quote:
    “Significantly, the Bill embraces all enterprises including mining and petroleum enterprises which were hitherto not covered by Act 478.”
    The definition of “enterprise” in the Interpretations column then seeks to exclude the extraction of petroleum and other minerals. So, how do we marry the two?
    Mr Kyei-Mensah-Bonsu 2:25 p.m.
    Mr Speaker, again, as I keep saying, this is a policy matter. The policy has been captured in the Memorandum before us. Can the Committee then come to advise the House to exempt it? But fortunately, we have the Minister here, if he could give us some guidance; that is number one.
    Number two -- this one even talks about the exploration and extraction of petroleum and other minerals. Today, Mr Speaker, we have enterprises engaged in the extraction of mineral water, that is not captured under the petroleum and gas regime that he is talking about. Where do we locate that one?
    Dr Kunbuor 2:25 p.m.
    Mr Speaker, at a time, the Memorandum used to be only as an aid to interpretation, then it became relevant to see a direct correlation between the policy objectives in the Memorandum to a Bill and the specific provisions. Now, they have expanded that and even parliamentary deliberations can be used as an aid to interpretation.
    So, at a Consideration Stage, when you have dealt with all the policy and principles in the Second Reading and you come to a clause by clause, nothing any longer in the policy can defeat what a Member
    wants to do by way of an amendment--a withdrawal in the Consideration Stage. It is in that context that you cannot insist that I cannot bring an amendment or a withdrawal that actually conflicts with the Memorandum to the Bill. The Memorandum to the Bill is a narrative, just telling you what the policies are.
    The line by line specific clause provisions are purely legal and technical and so, it is that level of soundness. So, once an amendment is brought and it is withdrawn, that is the situation of the person who is moving the Motion. You can attack it in that order but that would be the end of the matter. That is what the person who has proposed the amendment wants to do; he wants to withdraw it.
    Mr Kyei-Mensah-Bonsu 2:25 p.m.
    Mr Speaker, if a Bill comes before us, Parliament is guided by the policy underpinning that Bill. We cannot go a-fishing on wild waters, otherwise, we may situate in that Bill things that are extraneous to the policy. So, I beg to disagree with this line of thinking and that is why I am asking -- The Hon Member has abandoned it; it is his right.
    I am only asking how we can situate this within the context of the Memorandum. I am only asking that. But the reason being purveyed by the Minority Leader -- [Interruption] -- Did I say “Minority Leader?” Well, soon to be -- I really disagree with him.
    Dr Kunbuor 2:25 p.m.
    Mr Speaker, for the sake of the records, I would want to make it abundantly clear that no matter what happens, we will remain the Majority for the next four years and we will have -- [Laughter.]
    Mr Haruna Iddrisu 2:25 p.m.
    Mr Speaker, we have taken note of the comments and advice of the Minority Leader. But Mr Speaker, as was the case, in times past, the Ghana Investment Promotion Centre, which was largely responsible for
    investment promotion, did not deal specifically with the subject of mining, and oil and gas until the country made a discovery of substantial quantities of oil and gas; and because there were other State institutions that were particularly responsible for the two sectors of mining and oil and gas--
    But now, when they go on investment promotion, why the Memorandum captured it, it is anticipated that part of the promotional material they used would advertise Ghana in terms of the opportunities that exist for investment in the specific area of mining and oil and gas. This was the idea which informed the Memorandum capturing it.
    But I have taken note and before the finalisation of the Bill, we would see what improvement we can do to it.
    Prof. Gyan-Baffour 2:35 p.m.
    Mr Speaker, if that is the explanation given by the Minister, then the amendment that the other Hon Member actually proposed should hold because that interpretation is excluding it. But he is saying that it is inclusive in what the GIPC would do.
    So, there is a contradiction there and I do not know why he agreed. Because, Mr Speaker, when you look at the Interpretation, it talks about enterprise. It says “Enterprise” -- After defining “Enter-prise” it says --
    “A business or any part of that industry undertaking projects or businesses other than the explora- tion and extraction of petroleum and other minerals”
    Which means that, that aspect of it is taken out of this law. He is saying that it has to become part of this law. So, I think the Hon Minister has to come back again.
    Dr Ayine 2:35 p.m.
    Mr Speaker, I think the point that the Hon Minister for Trade and Industry made is that, in terms of the substantive scope of regulation under the GIPC Act, “Oil and Gas” as a sector, will not be covered. However, in terms of the promotional activities for oil and gas services, the GIPC Act will cover them. So, that was the reason motivating the inclusion of that paragraph in the Memorandum.
    So, I think we should draw a distinction between substantive regulatory authority in oil and gas and then the promotional activities of the GIPC when it comes to the Oil and Gas Sector.
    Mr First Deputy Speaker 2:35 p.m.
    All right.
    Hon Members, I think we have had enough debate on this issue. I would want to suggest that if we still would want to deal with it, that the Hon Chairman of the Committee takes note of it, Hon Members meet with the Hon Minority Leader and Hon J. B. Danquah and then sort things out, so that we can have that issue dealt with appropriately.
    So, subject thereto, I would put the Question on the last amendment to clause 42 -- [Interruption] -- We have done that already? Yes.
    Mr First Deputy Speaker 2:35 p.m.
    All right Hon Members, I would put the Question with regard to the whole of clause 42 as variously amended.
    Yes, Hon Deputy Attorney-General --
    Dr Ayine 2:35 p.m.
    Mr Speaker, there is the definition of “Government”, that Govern- ment means the Government of the Republic of Ghana. I thought that maybe, we should go closer to the constitutional definition in article 295 and substitute that definition for this one.
    Under article 295, Government is the Executive Authority by which the -- [Interruption] -- Sorry, let me --
    Mr Speaker, it says --
    “government” means any authority by which the executive authority of Ghana is duly exercised;”
    So, I thought that maybe, we should go closer to that one.
    Mr First Deputy Speaker 2:35 p.m.
    Hon Minister for Trade and Industry, are you in agreement with him?
    Mr H. Iddrisu 2:35 p.m.
    Yes, for consistency and with respect to the 1992 Constitution, accordingly, we support the Hon Deputy Attorney-General and Deputy Minister for Justice.
    Mr First Deputy Speaker 2:35 p.m.
    All right. So, that has to do with clause 42. Right?
    Question put and amendment agreed to.
    Clause 42 as amended ordered to stand part of the Bill.
    Clause 43 -- Repeals and savings.
    Alhaji Muntaka 2:35 p.m.
    Mr Speaker, when we were on clause 26, you did advise that when we get here, we would take care of
    the suggestion that came with regard to printing of exercise books. So, with your indulgence, I would move an amendment --
    “The provision of clause 43(5) above shall not apply to an existing company that is involved with the production of exercise books and stationery which is wholly or partially owned by a non-Ghanaian citizen and has previously been registered with GIPC.”
    Mr First Deputy Speaker 2:35 p.m.
    Order! Order! I remember that we indicated that when we get here, we would take an appropriate amendment. So, I would put the Question.
    Sorry, Hon Minister for Lands and Natural Resources --
    Alhaji Inusah B. A. Fuseini 2:35 p.m.
    Mr Speaker, I have serious objection to the inclusion of that particular amendment in the Bill. This is because that amendment has been dealt with in significant detail by the Constitution. Parliament has no power to pass retroactive legislation and so, if that amendment is saying that this Bill would not have retroactive applica- tion, that has been dealt with already by the Constitution and so, it is --
    Mr First Deputy Speaker 2:35 p.m.
    Hon Member, that argument was proffered when we were dealing with this issue. But ex abundanti cautela there was a need to look at it this way.
    Mr H. Iddrisu 2:35 p.m.
    Mr Speaker, may I request that we would defer this for us to consult as we do with other unfinished aspects of this Bill and then we would be guided --
    Dr Kunbuor 2:45 p.m.
    Much as I can defer to the Hon Minister on this matter -- but you see, when issues are technical and constitutional in nature, over which there is no dispute, it needs not hold the House. Beyond the inability of Parliament to pass retroactive legislation, there is also an article on accrued rights, which the same Constitution says it cannot be taken away.
    So, these two are sufficient for us to proceed on this matter except we are anticipating that we can make a change which may end up being against the Constitution. Otherwise, it is a one-way traffic.
    Alhaji Muntaka 2:45 p.m.
    Mr Speaker, I remember when we got to clause 26, this thing came up but then our attention was drawn to clause 43(5) which says that three years after the passage, all the existing companies will lose their rights. And we agreed then that if that is the case, we should provide this caveat to protect the production.
    Unless, otherwise, we are saying that even clause 43 (5) cannot work because the Constitution has already provided protection for existing companies. In that case, we would have to delete clause
    43(5).
    Mr First Deputy Speaker 2:45 p.m.
    I think I would take a cue from the Hon Minister's suggestion that we defer it, have some discussions on it and then we get back to the Chamber. So, I so direct.
    Dr Kunbuor 2:45 p.m.
    Mr Speaker, if we can revisit clause 5 -- Sorry, let us take clause
    44.
    Clause 44 ordered to stand part of the Bill.
    Long Title --
    Mr First Deputy Speaker 2:45 p.m.
    There is a proposed amendment to the Long Title and it stands in the name of the Hon Minority Leader.
    Alhaji Sorogho 2:45 p.m.
    Mr Speaker, we met and agreed that the proposed amendment is in order. It is only a small typographical error. Instead of “Ghana; and” it should end at “Ghana”. The Hon Minority Leader has just entered. I think it is in order. It is just a typographical error.
    Mr First Deputy Speaker 2:45 p.m.
    So, we would like the Hon Minority Leader to move his proposed amendment to the Long Title.
    Mr Kyei-Mensah-Bonsu 2:45 p.m.
    Mr Speaker, I beg to move, Long Title, line 2, delete “Ghana; and” and insert “Ghana”.
    Mr Speaker, with respect, as moved by the Hon Chairman of the Committee, I think I entirely agree with him.
    Question put and amendment agreed to.
    The Log Title as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:45 p.m.
    That brings us to the end of the Consideration Stage
    -- 2:45 p.m.
    Some Hon Members 2:45 p.m.
    Clause 5.
    Mr First Deputy Speaker 2:45 p.m.
    You want to take clause 5?
    An Hon Member 2:45 p.m.
    Any arrangement?
    Mr First Deputy Speaker 2:45 p.m.
    Hon Chairman, any arrangement?
    Alhaji Sorogho 2:45 p.m.
    Names would be written. They know that when we write names, it is not just on paper. So, Mr Speaker, yes, arrangements have been put in place to make sure -- [Interruption.]
    Mr Kyei-Mensah-Bonsu 2:45 p.m.
    Mr Speaker, with respect, because there are some outstanding matters, I would want to plead with my Hon Colleagues that we stand this one down. This is because if one looks at the construction that is being offered and juxtaposed it with clause 10, we would even have a problem.
    So, if you do not mind, if we can have some breathing space to put our heads together on how to align clause 5 with clause 10, then I guess we can make some progress. Otherwise, we may run into some difficulties going by what is being proposed.
    But I guess we can deal with them when we adjourn and have about one hour to do the re-alignment and then we can take them tomorrow together with the rest that we are standing down. Otherwise, we may run into a problem. Look at clauses 5 and 10. There are some problems there.
    Mr First Deputy Speaker 2:45 p.m.
    Hon Minister for Trade and Industry, what is your response?
    Mr H. Iddrisu 2:45 p.m.
    Mr Speaker, you may direct the Hon Chairman to do some winnowing but there is strong policy support for the inclusion of Deputy Ministers to serve on the Board. And I thought that my predecessor Minister would help us in appreciating what informed Government's policy to have a strong Board to drive the Investment Promotion Centre.
    With that, Mr Speaker, you may defer to the Hon Chairman and the Committee.
    I thank you.
    Alhaji Sorogho 2:45 p.m.
    Mr Speaker, I think when we started, the sense of the House was that, no, we had indicated that we had introduced an amendment substi-

    tuting all the Deputy Ministers. But the sense of the House was that no, there was no way we could substitute that; there must be a strong Government representation on the Board. Especially, it was Hon Dr Akoto Osei and others -- [Interruption] No, it does not matter. What is the problem? So, we were asked to go back and reconcile.

    We did winnowing and we all agreed that this is what we should do and we all accepted it. So, I do not think there is any problem there. We even made sure that we improved it. The Hon Ranking Member and all of us improved it, so that we have the Minister or a representative not below that of a Deputy Minister.

    Then, the others, the Governor of the Bank of Ghana -- We all unanimously agreed that it is very important that we include him. Then, the Director-General of the National Development Planning Commission because it involves development planning in Ghana. This was what we agreed.

    So, Mr Speaker, there is no controversy at all. And I would plead with the Hon Minority Leader to accept that we move the amendment.

    Clauses 1 --

    Mr Speaker, I beg to move, clause 5, subclause (10), paragraph (b), delete and insert the following:

    “(b) the Governor of the Bank of Ghana or his representative not below the rank of Deputy Governor;

    (c )Director-General of the National Development Planning Commis- sion;

    (d) a representative of the Ministry of Trade and Industry and not below the rank of Deputy Minister;

    (e) a representative of the Ministry of Finance not below the rank of Deputy Minister”.

    Question put and amendment agreed to.
    Alhaji Sorogho 2:45 p.m.
    Mr Speaker, I beg to move, clause 5, subclause (1), paragraph (d), line 1, delete “five” and insert “four” and further delete “at least three of whom are persons” and in line 2, after “Service” delete “and”.
    It is straightforward and it is also in line with the earlier amendments that we did.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:45 p.m.
    The next proposed amendment stands in the name of Hon William Ofori Boafo.
    Hon Ranking Member, can you move it on behalf of Hon Boafo?
    Prof. Gyan-Baffour (on behalf of Mr W. O. Boafo) 2:45 p.m.
    Mr Speaker, I beg to move, clause 5, subclause (2), line 2, after “and” insert “the”.
    Alhaji Sorogho 2:45 p.m.
    Mr Speaker, there is no problem with that.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:45 p.m.
    Yes, the next proposed amendment stands in the name of Hon William Ofori Boafo.
    Prof. Gyan-Baffour (on behalf of Mr W.O. Boafo) 2:55 p.m.
    Mr Speaker, I beg to move, clause 5, subcllause (2), line 2, after “70” add “of the Constitution”.
    So that it reads:
    “The Chairperson and the other members of the Board shall be
    appointed by the President in accordance with article 70 of the Constitution.”
    Question put and amendment agreed to.
    Clause 5 as amended ordered to stand part of the Bill.

    New Clause --
    Alhaji Sorogho 2:55 p.m.
    Mr Speaker, there is a new clause to be added to clause 5 and it falls under the “Function of the Board”. (1) The Board shall provide policy guidelines and give advice to ensure --
    Mr First Deputy Speaker 2:55 p.m.
    Hon Chairman, it is not being added. It is an entirely new clause, so we would have to give it a new number. It is not part of clause 5.
    Alhaji Sorogho 2:55 p.m.
    Mr Speaker, it is a new clause --
    Mr First Deputy Speaker 2:55 p.m.
    You move it and then we would --
    Alhaji Sorogho 2:55 p.m.
    Mr Speaker, it is a new clause -- Functions of the Board --
    rose
    Mr First Deputy Speaker 2:55 p.m.
    After he has moved it, if you have any problem --
    Dr Prempeh 2:55 p.m.
    Mr Speaker, before the Hon Member moves it, he has already said, “Add the following new clause after clause 5”. [Interruption.] Amend it. It is in the Order Paper.
    Mr First Deputy Speaker 2:55 p.m.
    Mr Speaker, yes, I think it stands to reason; after clause 5.
    Hon Chairman, go on.
    Alhaji Sorogho 2:55 p.m.
    Mr Speaker, it is a new clause; it would be placed at the appropriate place. It is captured on pages 3 and 4 of the Order Paper. I so move, Mr Speaker.
    rose
    Mr First Deputy Speaker 2:55 p.m.
    All right. Hon Members, we would leave the amendment as proposed by the Hon Chairman hanging, while we get the Hon Minority Leader to move for the withdrawal of certain clauses to pave the way for this new clause. So, we would come back to it after the Hon Minority Leader.
    Mr Kyei-Mensah-Bonsu 2:55 p.m.
    Mr Speaker, the intendment is to have a reconstruct of clause 5 and to compartmentalise the composition of the Board to be captured under clauses 1, 2 and 3. So, clauses 4 and 5 are to be deleted and encapsulated under a new heading which is “Functions of the Board” so that it does not come after clauses 4 and 5.
    So it is a reconstruction of clauses 4 and 5 and bringing it under a separate heading. So, I think the Hon Chairman would first move for a deletion of the clauses 4 and 5 and then we have this new regime that he is talking about.
    Alhaji Sorogho 2:55 p.m.
    Mr Speaker, rightly so.
    Mr Speaker, I beg to move, clause 5, subclauses (4) and (5), delete.
    Question put and amendment agreed to.
    Clause 5 as amended ordered to stand part of the Bill.
    New Clause --
    Alhaji Sorogho 2:55 p.m.
    Mr Speaker, I beg to move, new clause -- Add the following new clause after clause 5:
    “Functions of the Board--
    (1) The Board shall provide policy guidance and give advice to ensure the proper and effective perfor- mance of the functions of the Centre.
    The Board may, in the implementation of the objects of the Centre:
    (a) design, review, formulate and adopt a national strategy for promoting domestic and foreign investment;
    (b) approve the investment promo- tion operations and marketing plans which are proposed by the Chief Executive Officer for implementation by the Centre;
    (c) identify obstacles to investment in Ghana and make proposals and suggestions to the President through the Minister on steps which should be taken to remove the obstacles and foster effective linkages between the appro- priate institutions and agencies towards the removal of obstacles of investment; and
    (d) make recommendations to the President through the Minister on incentives for the promotion of investment and the eligibility criteria for the incentives and priority areas of investment.”
    Question put and amendment agreed to.
    New clause ordered to stand part of the Bill.
    Mr Kyei-Mensah-Bonsu 2:55 p.m.
    Mr Speaker, since we have an Hon Deputy Attorney- General and Deputy Minister for Justice and a former Hon Attorney-General and Minister for Justice, if they could help the House with respect to the construction of subclause (1) under the “Functions of the Board” now; whether it may not be appropriate to situate it within a context.
    Otherwise, the policy guidance is constitutionally within the ambit of the Hon Minister, and not the Board. So, I do not know whether we cannot situate it within that context. Otherwise, perhaps, we may lead ourselves into a problem. But the two may help us with this.
    Dr Kunbuor 2:55 p.m.
    Mr Speaker, this has been a matter in which the Hon Attorney- General and Minister for Justice was asked to give an opinion, because we have been having difficulties with the nature of a Board, a Council, an Authority, Governing Body, and she has come up with the guidelines. “Board” is used in a number of senses. You can have an Executive Board, you can have a Governing Board and you can have a nominal Board.
    So, the nature of the particular use of the word and the powers that are given will determine what that Board would do. It is a very, very mixed area, so the Boards would always vary. And it was being asked whether you cannot always specify them as this type of Board. But they said, no; it should be left the way it is. So, it is just the context. The context of the Board would be interpreted from the nature of the functions and the powers that it has.
    This is because what he is worried about is whether policy is for the Hon Minister. But there are so many Boards that have been given specific policy functions. Some Boards have been given specific policy functions over the period; some have not been given those func- tions.
    Mr Chireh 3:05 p.m.
    Mr Speaker, the issue about formulation of policy -- Making a policy is different from formulation of policy. Formulation is a process, so this Board will help to formulate until the decision is to be made, and that is where the President comes in or the Hon Minister takes over.
    But all organisations with Boards must initiate policy from experience, from their expertise, and from the work they have done until it is recommended to the one who should endorse or approve such a policy. So, we should not be confusing ourselves about the functions of a Board not doing policy formulation.
    Mr Kyei-Mensah-Bonsu 3:05 p.m.
    Mr Speaker, I think the Hon Yieleh Chireh is trying to draw a distinction between policy formulation and policy provision and he says that the provision of the policy is Ministerial. The provision here employs the language “provide”. So, if you are comfortable with formulation, fine, but I thought the Hon Majority Leader was leading us to some destination. I just brought it out for the elucidation of the House.
    Prof. Gyan-Baffour 3:05 p.m.
    Mr Speaker, I think, yes, the Hon Majority Leader is trying to rationalise this. But as we sit down here, we do not even know whether this Board is going to give policy direction. It is just a speculation. What I will suggest is that, we further amend that to read: “The Board shall provide guidance” and leave that word “policy “because it is a bit confusing as to what this “policy” really means here.
    If you say “policy”, it is the policy of Government and it is not made by Boards. So, I think to avoid that, let us try and amend it again by deleting the word “policy” and let it read: “ The Board shall provide guidance and give advice to” rather than “policy”.
    Dr Kunbuor 3:05 p.m.
    Mr Speaker -- [Power Outage.]
    An Hon Member 3:05 p.m.
    Dumso! Dumso!
    Dr Kunbuor 3:05 p.m.
    Mr Speaker, you have to go to each particular legislation and go closely to the word that is used In some legislation, they mention policy directives. In this legislation, they are talking about policy guidance, which means that because the Board is likely to be seized with technical people, they will guide eventually policy formulation and guiding it and then directing it, will be two different things.
    So, let us leave it and see whether the intendment is that they are not expected to perform that role of directing policy.
    Dr Donkor 3:05 p.m.
    Mr Speaker, in corporate governance, all Boards are responsible for corporate policy; that is a distinct issue. All Boards are responsible for corporate policy. National policy emanates from a higher level, from the Executive arm. So, in almost every Board, the Board has responsibility for policy and this policy is seen as corporate policy.
    Question put and amendment agreed to.
    New clause as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 3:05 p.m.
    Hon Members, let us move to page 4 of the Order Paper where we have a proposed amendments to clause 6. Item number (vii).
    Clause 6 --
    Alhaji Sorogho 3:05 p.m.
    Mr Speaker, I beg to move, clause 6, subclause (1), line 1, delete “of five” and insert “not exceeding four” and in line 2, delete “one” and insert “another”.
    Mr Speaker, they are just straight- forward issues.
    Question put and amendment agreed to.
    Alhaji Sorogho 3:05 p.m.
    Mr Speaker, I beg to move, clause 6, subclause (2), line 1, delete “the Ministers and”.
    Question put and amendment agreed to.
    Clause 6 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 3:05 p.m.
    The next amendment stands in the name of the Hon W. O. Boafo. Is somebody going to move it on his behalf?
    Prof. Gyan-Baffour 3:05 p.m.
    Mr Speaker, Hon Boafo is not around and I am going to move it for him.
    Clause 7 --
    Mr Speaker, I beg to move, clause 7, subclause (3), line 2, after “Board” insert “appointed by the President under section 5 (1) (d) shall be” and in line 3, delete “shall” and insert “to”.
    Question put and amendment agreed to.
    Alhaji Sorogho 3:05 p.m.
    Mr Speaker, I beg to move, clause 7, subcluse (4), line 1, delete “six” and substitute “five”
    Mr Speaker, that is the quorum for the meeting. This is because the number has reduced, so, there is the need for you also to reduce the quorum.
    Question put and amendment agreed to.
    Clause 7 as amended ordered to stand part of the Bill.
    Clause 25 --
    Alhaji Sorogho 3:05 p.m.
    Mr Speaker, I beg to move, clause 25, subclause (1), line 6, after “Service” insert “Management”.
    Question put and amendment agreed to.
    Alhaji Sorogho 3:15 p.m.
    Mr Speaker, item (xii) under clause 25 is to be abandoned and in place of that the amendment proposed for clause 4 will be as follows: -
    Mr Speaker 3:15 p.m.
    Do you mean clause 25
    (4)?
    Alhaji Sorogho 3:15 p.m.
    Mr Speaker, clause 25 (4) and I am saying that we are abandoning what has been advertised and in place --
    “For the purpose of promoting, identified strategic or major investments the Board may in consultation with the appropriate government agencies and with the approval of the President ”.
    Mr Speaker, one cannot go and seek approval from the President before going to consult with the appropriate government agencies. No! One consults first with the appropriate government agencies and then at the end of it, would now go and seek approval from the President. After that, it should end at “in consultation with appropriate govern- ment agencies”.
    We are not saying that “as the Board may determine”. This is because if you say “as the Board may determine” the Board may determine that Ministry of Finance is not the appropriate agency that they want to consult or the Ghana Revenue Authority (GRA) is not the appropriate agency.
    We want to leave it there and say that by law, you should consult the appropriate government agencies. That is all. We do not have to give you the discretion that as you may determine. I do not think it is correct.
    Mr H. Iddrisu 3:15 p.m.
    Mr Speaker, I ordinarily should not be seen opposing the Chairman of the Committee. But Mr Speaker, he would be doing harm to clause 25 (4) if we tamper with any aspect of it. I believe the rendition as captured in the Bill is appropriate.
    Mr Speaker, the intention there is that -- And you do not read subclause (4) standing alone. You read subclause (4) against (a) and (b), which is, with your indulgence, I beg to quote:
    “For the purpose of promoting identified strategic or major investments, the Board may with the approval of the President and in consultation with appropriate government agencies that the Board may determine --
    (a) specify priority areas of investment and their applicable benefits and incentives.”
    Mr Speaker, the idea is that, for instance, the President has just been given a report about lack of industry in the Central Region, Northern Region, Upper East and Upper West Regions and probably, in the Brong- Ahafo Region. Now, for some reason, he may have to take a major decision to say that agro- processing industries which want to establish in these regions, I am giving you a tax holiday of two to five years. This is a tax free, do not pay.
    This is what this provision is intending to achieve, so that the President would give strategic incentive. But in doing so, he must consult with appropriate govern- ment agencies.
    Mr First Deputy Speaker 3:15 p.m.
    Hon Chairman, what do you say to that?
    Alhaji Sorogho 3:15 p.m.
    Mr Speaker, I agree perfectly, but there is one thing that I seem to disagree with my Hon Minister.
    Mr First Deputy Speaker 3:15 p.m.
    Hon Members, can we have some Order? Order! Order!
    Alhaji Sorogho 3:15 p.m.
    Mr Speaker, I have been convinced that the approval and the consultations can be done, whichever one comes first, there is no problem. But I am never convinced that we have to leave the “appropriate agencies” to the discretion of the Centre. We are only saying that we should not say that “as the Centre may determine”.
    We should just take that off and leave it at “appropriate government agencies”. Definitely, the Centre would go to the appropriate government agencies.
    If it is to the Hon Minister for Finance, yes; if it is to the GRA, yes. But if you say “as they may determine” that is where the problem is, Mr Speaker.
    Mr First Deputy Speaker 3:15 p.m.
    Hon Minister, how do you address the issue that he has raised that that portion which leaves the discretion in the hands of the Centre is what he is complaining? So, if that is deleted, then the rest of it should --
    Mr H. Iddrisu 3:15 p.m.
    Mr Speaker, I am agreeable to the Chairman now.
    Mr First Deputy Speaker 3:15 p.m.
    All right.
    Mr Chireh 3:15 p.m.
    Mr Speaker, the Chairman is right. All we have done is to re-order the matter. First, you must do the consultation with the appropriate govern- ment agencies and then you get approval of the President. The moment you get the approval of the President, you have no option to now sit down and be deter- mining.
    We are not ignoring anything. We want the order to be. So, please, let us vote for this amendment.
    Mr First Deputy Speaker 3:15 p.m.
    Hon Members, for the sake of clarity and to ensure that we all understand what is going on, clause 25 (4) from line 1 to 4 are being deleted and be substituted for the following:
    “For the purpose of promoting identified strategic or major investments, the Board may in consultation with the appropriate government agencies and with the approval of the President …”
    Are we alright?
    Hon Members: Yes.
    Mr First Deputy Speaker 3:15 p.m.
    All right.
    Question put and amendment agreed to.
    Clause 25 as amended ordered to stand part of the Bill.
    Clause 26 --
    Alhaji Sorogho 3:15 p.m.
    Mr Speaker, I beg to move, clause 26, subclause (1), add the following new paragraph:
    (e) freight forwarding and customs house agency”.
    Mr Speaker, yesterday, we went for winnowing and we agreed on this amendment.
    Prof. Gyan-Baffour 3:15 p.m.
    Mr Speaker, we agreed on that, but the rendition -- because it is talking about the activity rather than the organisations, I would rather want to amend it slightly by asking the Chairman to precede the “freight forwarding…” with “the operation of freight forwarding and customs house agency”.
    Mr First Deputy Speaker 3:15 p.m.
    Hon Chairman, are you in agreement?
    Alhaji Sorogho 3:15 p.m.
    Yes, Mr Speaker.
    Mr First Deputy Speaker 3:25 p.m.
    All right.
    Question put and amendment agreed to.
    Alhaji Collins Dauda 3:25 p.m.
    Mr Speaker, there is nothing called “freight forwarding agency”. We do not have that.
    Mr First Deputy Speaker 3:25 p.m.
    It is “customs house agency”.
    Alhaji Dauda 3:25 p.m.
    Mr Speaker, “customs house agents”. That is why it is not “agency”. We have “customs house agents”.
    Prof. Gyan-Baffour 3:25 p.m.
    Mr Speaker, the “agent” is the person performing it. The “agency” is the institution. So, there is no difference in that. But the “agency” is better here than “agent”.
    Alhaji Dauda 3:25 p.m.
    Mr Speaker, I am raising this because there already exists a law covering the activities of such people, and it talks about customs house agents and that if we are making another law, it is just proper that we conform to the standards. We have the Customs House Agents Licensing Regulation, 1978, L.I. 1178, therefore, it is just proper that we conform to that.
    Again, the introduction of “freight forwarding”, Mr Speaker, we do not have a definition for it; we do not have any interpretation for that. We have it for “customs house agents”. What are we talking about? We need to provide the meaning for that one, so that it becomes very clear, it avoids all doubt -- the target of the law.
    Mr Kofi Brako 3:25 p.m.
    Mr Speaker, the amendment I moved is “freight forwarding and customs house agency”. Now,
    apparently what we seek to do here, as the Hon Member rightly said, the law L.I. 1178, licenses a Customs House Agent. The proposal I am putting across here is for the industry of Customs House Agency and not the Customs House Agents as an individual.
    Now, Mr Speaker, what a customs house agent does is that, he processes documents through customs and clears goods for his or her clients. That is what a customs house agent does. So, the customs house agents--
    Mr First Deputy Speaker 3:25 p.m.
    Hon Members, may I come in with a sugges- tion? Why do we not leave it to the draftspersons to use the appropriate termi-nology? I think that settles it subject to the addition of the words, “the operation of otherwise”. We will let the draftspersons handle it.
    Mr Iddrisu 3:25 p.m.
    Mr Speaker, just to agree with you. I remember that some consultation was done with the Chairman of the Committee and as at yesterday, there was a specific reference to SMCD 188. So, let the draftspersons be guided by whatever is provided in that legislation and capture it for our purpose.
    But Mr Speaker, since parliamentary debates are now part of the materials that our judges may refer to for purposes of interpretation, let me indicate strongly here that “customs house” for our purpose here, does not apply to other export and import-related customs systems operating in the country.
    Thank you.
    Alhaji Sorogho 3:25 p.m.
    Mr Speaker, before you put the Question on the whole clause 26. There is a further addition (f), after the “operations of freight forwarding and customs house agency”, add (f) and the (f) reads: “all aspects of pool betting”, that is, banker-to-banker and what have you.

    We cannot allow foreigners to come there -- business of lotteries except football pools. Mr Speaker, this is very important because it has become a livelihood of our people and so, if we open it up, the foreigners will come and take over everything.

    So, we are reserving that for operations by only Ghanaians and it is done not only in Ghana but across the West African sub-region and in most of the places, this is the preserve of the citizens of that country. So, I insist that it must also happen and I am happy the Minority Leader supports exactly what I said.
    Dr Prempeh 3:25 p.m.
    Mr Speaker, I would want the Chairman to consider horse racing because betting and everything -- That is where the foundation even started from. So, it is not only football pools, the betting in horse racing is even more serious, now that we are going to start a major horse racing centre. So, add “horse racing betting.”
    Mr Danquah 3:25 p.m.
    Mr Speaker, in the previous law, we had it exempted -- lotteries but we did not include horse racing and we should not include horse racing in this law. There is a very good reason we did not include horse racing and under the Lotteries Act, lotteries is the preserve of the State and therefore, it goes in conformity with what the Chairman is proposing that the lotteries should be the reserve and preserve of the Ghanaian.
    However, not horse racing and not football pools, but lotteries which under our Lotteries Act, is the preserve of the country, should remain the reserve of the Ghanaian.
    Prof. Gyan-Baffour 3:25 p.m.
    Mr Speaker, this was originally an oversight because when you look at the memorandum, it is stated clearly there. When you look at paragraph 3 of the Memorandum, it is stated that
    these include the operation of beauty salons and barber shops, all acts of pool betting business and lotteries except football pools. So, the Memorandum specifically stated that and the existing law also has in the Schedule this same item. So, I think it is in order to actually include it.
    Question put and amendment agreed to
    Clause 26 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 3:25 p.m.
    Hon Members, there are certain portions of the Bill which have been deferred.
    Dr Kunbuor 3:25 p.m.
    Mr Speaker, I guess that we will leave the matter in your hands.
    Mr First Deputy Speaker 3:25 p.m.
    Hon Members, this brings us to the end of the Consideration Stage for today. The House stands adjourn till tomorrow at 10.00 o'clock in the forenoon.
    Thank you.
    Mr Kyei-Mensah-Bonsu 3:25 p.m.
    Mr Speaker, let me also sound that our Orders provide that after adjournment, if the Speaker does not rise, we are supposed to sit and allow him to rise. Often times, I see Members trying to hurry you. Immediately you say that the House is adjourned to tomorrow at 10 o'clock in the forenoon, people rise.
    Mr First Deputy Speaker 3:25 p.m.
    All right. Thank you very much.
    ADJOURNMENT 3:25 p.m.
  • The House was adjourned at 3.30 p.m. till Friday, 12th July, 2013 at 10.00 a.m.