Debates of 21 Nov 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, I have ad- mitted one Statement standing in the name of the Hon Chairman for the Committee on Youth, Sports and Culture.
STATEMENTS 10:45 a.m.
Mr Kobena Mensah Woyome (NDC -- South Tongu) 10:45 a.m.
Mr Speaker, I thank you for the opportunity to make this Statement to congratulate the Black Stars of Ghana for securing a third consecutive qualifica- tion to the World Cup Tournament.
The World Cup Tournament is an inter- national association football competition organised by the Federation of Internation- al Football Association (FIFA), for which the Black Stars have booked their ticket for participation.
The 2014 FIFA World Cup Tournament will be the 20th FIFA World Cup Tourna- ment, scheduled to take place in Brazil from 12 June to 13 July, 2014 and will involve 32 teams competing for the title.
Mr Speaker, for the nineteen (19) World Cup tournaments held so far, virtually
Mr Isaac K. Asiamah 10:55 a.m.
Mr Speaker, thank you for the opportunity.
I would also like to thank my Hon Col- league and Chairman of the Committee on Youth, Sports and Culture for this very important Statement.
Mr Speaker, last holy Tuesday wit- nessed a very historic moment in the annals of Ghana's football history. Mr Speaker, the Black Stars, for the third time, have qualified for the World Cup Tournament, the biggest soccer fiesta in
the world. This time round, it would be hosted by the home of soccer, Brazil.
Mr Speaker, thank God that our prayers have been answered. This qualification is unique in the sense that for the first time, we have our own son and brother, Coach Kwasi Appiah leading this team.
Mr Speaker, it demonstrates the can- do spirit and that, in my view, is significant. We need to believe in ourselves that we can do something for ourselves as Afri- cans. Coach Kwasi Appiah's graduation is so phenomenal; he was the assistant coach for about six or seven years.
Mr Speaker, this team has the under- standing, cohesion and team work and we believe that the team can go places. We thank the Captain of the team, Asamoah Gyan for exhibiting that quality leadership and bringing the team together all these years.
Mr Speaker, this team can be catego- rised into three stages or three groups, with experiences, and of course, with under- standing. Mr Speaker, tracing them from 2006, we had the likes of Asamoah Gyan who scored the first ever World Cup goal for Ghana-- [Hear! Hear!] -- The likes of Sulley Muntari and Michael Essien. Another generation in 2010, saw the likes of Dede Ayew, Kelvin Prince Boateng and Adam Kwarasey.
Mr Speaker, the generation that we are in, can also boast of young players like Abdul-Majeed Waris, Edwin Jumah, and of course,Wakasso. Mr Speaker, the mix of these experiences from 2010 --
Mr Speaker 11:05 a.m.
Were you able to fast?
Mr I. K. Asiamah 11:05 a.m.
Mr Speaker, I did so wonderfully. [Laughter.]
The mix of these experiences would

indeed, be felt in Brazil and our prayer is that Ghana should be the first country in Africa to lift the World Cup. [Hear! Hear!] And it is going to happen with the kind of experiences I have talked about. and of course, the fasting that some of us would continue to do. So, the whole country should continue to fast until the World Cup is brought to Ghana and to the continent of Africa.

Mr Speaker, Parliament's fasting and prayer would be led by you and I hope it would be great. [Laughter.] Mr Speaker, I think preparation to any World Cup Tournament takes a lot; getting the players on board, the good time is important, so that team work would be exhibited. From now till next year, we need to do proper preparations. I know that the handlers of the national team would not rest but continue to ensure that preparation is on course and that everything the team needs, they will get them.

Mr Speaker, we must commend the sponsoring companies for all these years that they have supported the Black Stars. And it is important that since we started engaging the private sector in our schol- arship drive, the Black Stars have always excelled. So, the contribution of the pri- vate sector is so key and we must continue to ensure that we have the private sector on board.

Mr Speaker, Ghana is always united when the Black Stars do well and we should continue to ensure that the Black Stars indeed, do well. Teams that have qualified, as my Hon Colleague said -- We have Ghana, Nigeria, la Cote d'Ivoire, Cameroun and Algeria. But the bet is on Ghana because of our performances over these years. So, we need to ensure that we do not slip but move forward.

Mr Speaker, we believe that between now and the tournament period, the coach would be so much assured of his position, so that he gets the concentration that he needs. Sometimes the media reportage and the rumours do not help a coach when he is in charge. The coach must be given

all the support by all and sundry. The Ghana Football Association (GFA) over the years -- Mr Speaker, I must commend the GFA President, Mr Kwesi Nyantekyi.

These three achievements that we have chalked are all under his administration and that is significant. Since he assumed the reins of the presidency of GFA, this man has demonstrated quality leadership that has ensured our three time qualifica- tion. He is a young man who needs to be encouraged.

Mr Speaker, in saying all these things there is one thing I would also want to talk about Mr Speaker. This with your training and advice I would -- [Laughter.] Mr Speaker, it is unfair to this country when as a nation, we are all united behind a national team.

Mr Speaker, we have all witnessed the Black Stars -- We have enjoyed the way they have played and the way the whole country came together all these years. Mr Speaker, I do not think it is fair and proper -- And in this House, it is not about politics, we should be more decisive on matters like this --For some people to print T-Shirts with the President's picture embossed -- [Interruption.] Mr Speaker, I do not think it is good for our soccer.

The Black Stars belong to all of us. It is for Ghana. The Black Stars cannot belong to any single individual. So, it is important that this message is drummed home.

Mr Speaker, it has never happened and I do not think we should continue in this vein. It is unfair to do that. Let us admit it. Black Stars belong to all Ghanaians. We shall have Presidents who will come and go but we shall have Black Stars forever and ever. [Hear! Hear!] And that point, in my view, is very important to stress that never again should we see such a thing because Black Stars are our pride. They are our everything and that thing should not be encouraged.

Mr Speaker, with this, I end by once again, commending the Black Stars, the management team, the technical team headed by Kwasi Appiah and indeed, all Ghanaians.

Mr Speaker, I cannot end properly without also sounding a note of caution to whoever or which team we will put in place to ensure our participation at the World Cup Tournament. Mr Speaker, the other time there was a Committee put in place for the World Cup Tournament with some Government representation. Mr Speaker, this time round, we beg those people who will be in charge of spending --

Mr Speaker, the last time, the kind of expenditure Ghana incurred was so hor- rible. Mr Speaker, I have the Order Paper here of Tuesday, 19th --
Mr Speaker 11:05 a.m.
Hon Member, do not provoke debate.
Mr I. K. Asiamah 11:05 a.m.
Mr Speaker, it is just a note of caution.
Mr Speaker 11:05 a.m.
Please, Hon Member, you are going to provoke debate.
Mr I. K. Asiamah 11:05 a.m.
Mr Speaker, just a word of caution, that we should be more prudent in the way we spend. We should make sure that there is value for money in the way we spend. We cannot spend about GH¢1.5 billion on refreshment. Mr Speaker, this is unfair to Ghana. So, these are the things we should check.
Mr Kwabena M. Akandoh (NDC -- Juaboso) 11:05 a.m.
Mr Speaker, not only have the Black Stars done well, but to gather the courage to play in such a terrain. And Mr Speaker, you would agree with me the
terrain I am talking about. To the extent that we even petitioned against playing in Egypt. So, to gather the courage and play and qualify to Brazil, I think that they have done marvellously well.
Mr Speaker, in my view, I find noth- ing wrong with printing T-shirts with the President's picture. Let nobody compare the President of the Republic of Ghana to any flagbearer in this country. Whether we like it or not, H.E. John Dramani Mahama is the President of the Republic of Ghana.
He is the first gentleman of the nation and he is the face of the country. --[Hear! Hear!] We never saw any political party colour in Egypt and for that matter -- Mr Speaker, you would agree with me that most of the public offices we have in this country carry the picture of H.E. the President. What about that? So, in my view, in an attempt to condemn that, the Hon Member is rather moving us into a partisan terrain.
So, with these few words, I congratu- late the Black Stars.
Ms Freda A. O. Prempeh (NPP -- Tano North) 11:05 a.m.
Mr Speaker I rise to associate myself with the Statement --
Mr Speaker 11:05 a.m.
Hon Members, State- ments of this nature are not supposed to provoke debate and be guided accordingly. I have decided not to take any point of order on the second and third speakers for very good reasons. This is because I do not want the House to degenerate -- so, I want Hon Members to be guided accordingly.
Ms Prempeh 11:05 a.m.
Thank you, Mr Speak- er, for giving me this opportunity. I beg to associate myself with the Statement made by the Hon Chairman for the Committee on Youth, Sports and Culture.
late the Black Stars for qualifying for the World Cup Tournament for the third con
Mr Speaker 11:05 a.m.
Hon Member, please, we should not provoke debate.
Ms Prempeh 11:05 a.m.
Mr Speaker, I am not
provoking any debate. Thank you for your direction.
Mr Speaker, I remember you rightly said sometime back when the Maputo Report came out --
Mr Speaker 11:05 a.m.
Hon Member, we are not talking about Maputo. We are talking about Black Stars and Cairo.
Ms Prempeh 11:05 a.m.
Mr Speaker, but how could we send those T-shirts to Egypt? How? -- [Displays a T-shirt with H.E. President Mahama's portrait.]That was a national assignment. Football unites us. Mr Speaker, I would not go on that tangent again.
But let me, once again, commend the Black Stars for making us all proud, for qualifying for the third time. We are all going to be in Brazil. I also want to com- mend the supporters.
Mr Speaker, it takes the coach, the technical team and the supporters -- There were supporters in Egypt to support the Black Stars. Mr Speaker, what happened at the airport -- I do not want to provoke any more debate. But if we are sending supporters to support the Black Stars, we should send supporters from all over the country, from across the divide. We should not send only NDC supporters. I am saying this because some other supporter groups who had visas were denied because they did not take these T-shirts -- This is be- cause, they were not NDC supporters. We are talking about a unifying --
Mr Speaker 11:15 a.m.
Hon Member, conclude.
Ms Prempeh 11:15 a.m.
Mr Speaker, in con- clusion, I would once again, like to con-

In December, after the draw, we will know the teams that we are going to play and I urge GFA, the Ministry and all the sports authorities to select challenging and competitive countries, so that we play friendly matches with them and prepare adequately for the tournament in Brazil. I hope this time we will go beyond the quarter final and bring the trophy.

Thank you, Mr Speaker.
Mr Joseph N. Bukari (NDC -- Sa- boba) 11:15 a.m.
Thank you, Mr Speaker, for the opportunity to add my voice to that of the Hon Chairman of the Committee to congratulate the Black Stars for a job well done.
Mr Speaker, Ghana, once again, for the third time in a round, has qualified to go to Brazil to play in the World Cup Tournament. We as Ghanaians are proud of them and it is only proper that we say Ayekoo to them for a good work well done.
We congratulate the Black Stars, the technical handlers, the Government of the day for making it possible for us to be at the world stage.
The issue of getting to the world stage to play in the name of Ghana does not go with leaving the name of the President and the people of Ghana. [Hear! Hear!] The President is the first symbol of this country and we have to hold that and respect it. We should not be seen making issues with having a sitting President just being shown with a picture on a T-shirt. I would even want to suggest the jerseys that we will use in Brazil should have the picture of the President in the front. [Interruption.]
We are becoming so petty in this coun- try on issues that are not of sense. We were in this country; we saw people with even mathematical sets, tea cups, exercise books having the President's pictures. It was not an issue. Mathematical sets, we had the President -- And distributed all over the country. We have to begin to see the good work the Black Stars have done and look at that as a positive sign.
I would want to urge the technical handlers to ensure that the preparation before now and Brazil should be carefully done, such that the findings we would be engaged in would be such that we will prepare the Stars very well, so that any- where they will go to play in Brazil, we will see Ghana once again climbing to the highest point.
Mr Speaker, with these few words, I would want to encourage that the President should always be on top of everything we are doing in this country and the world such that people will know that we are winning a Cup and the President will be the one who will handle it first, as the first gentleman of the land.
Mr Speaker 11:15 a.m.
Hon Members, I will take one from each side and then we move on to Public Business.
Ms Esther D. Obeng (NPP -- Abi- rem) 11:15 a.m.
Thank you, Mr Speaker, for giving me an opportunity to add my voice to the Statement on the floor of the House.
Mr Speaker, I would like to join my Hon Colleagues to congratulate the Black Stars for qualifying for the World Cup Tournament. But while we are congratu- lating them, I would like to congratulate their mothers, the mothers who breastfed them, who fed them while they were chil- dren -- [Interruption]-- And their wives, feeding with good food and making them strong enough to compete in that match.
Mr Speaker, I would not like my son to play football because I would not even have the courage to watch him being kicked about on the football pitch. The

injuries they sustain and the insults they get when they do not play well -- [In- terruption] So, their mothers and their wives, I would want to congratulate them this morning.

They also pray for them while they are on the field. So, with this kind of support and encouragement, I would like to con- gratulate their mothers and their wives --
Mr Speaker 11:15 a.m.
Hon Member, I highly commend you. You have really spoken as a mother. [Hear! Hear!] The tension that was mounting in the House, you have managed to bring it down. Congrat- ulations.
Hon Members, that brings us to the end of Statements. Unless the Leaders want to speak, I will --
Mr Emmanuel K. Bedzra (NDC -- Ho West) 11:15 a.m.
Thank you, Mr Speaker, for the opportunity to add my voice to the Statement ably made by the Hon Chair- man of the Committee on Youth, Sports and Culture.
Mr Speaker, the Black Stars have done this country an honour and we would want to congratulate them for what they have done. We wish them well, praying that in Brazil, they will do us a great honour by bringing the Cup to this country.
I believe my Colleague Hon Asiamah urged all of us on Tuesday to fast and pray. I believe that most of us fasted on that day and that brought this honour to us. To be on a terrain in Egypt is a yeoman's job. It is a difficult terrain and all of us, I believe, were praying that the Black Stars will win.
That added to our transformational budget -- When the Budget came, we were all not in a good mood but as soon as the Black Stars won, it added to the fact that, the Budget will work very well for us in 2014.
Mr Speaker, I would want to urge the handlers of the Black Stars, just as our former President of blessed memory told
us one time that he will urge Hon E. T. Mensah and others to teach them how to play and score through penalty. I would want to urge them that in the World Cup Tournament there will be a lot of penal- ties. We know that our Black Stars do not know how to play penalties.
We want the handlers to teach them how to take penalties, so that when it comes to penalties, they will be able to score very well. Our hope and prayer in Parliament are that, they will bring the Cup to the Parliament of Ghana and we will raise it in honour of Mr Speaker, that during his tenure as the Speaker, the Cup came to Ghana.
With these few words, I thank you.
Minority Leader (Mr Osei Kyei-Men- sah-Bonsu) 11:15 a.m.
Mr Speaker, I thank you for the opportunity to associate myself with the Statement made by the Chairman of the Committee on Youth, Culture and Sports.
Mr Speaker, as the Chairman said, every nation takes pride when their na- tional teams qualify to participate in the mundial tournaments. We saw Germany. We saw England. We saw Argentina. We saw Portugal. They were all very ecstatic when their national teams qualified. So nobody can begrudge Ghana if we bask ourselves in the success of the Black Stars.
Mr Speaker, this is the third successive time that the Black Stars have qualified to participate in the World Cup Tournament.
The first time they participated, they acquitted themselves creditably. The sec- ond time they were able to lift their perfor- mance a notch higher and this third time, we are all very expectant that they will go further than they did in South Africa.
Mr Speaker, Ghana is noted for our midfield play. But if we must admit it, three days ago in Egypt, our midfield was almost non-existent. So, I believe the
coaches may have to look at what went wrong in Egypt. As compared to what happened in Ghana, our dominance of the game was accentuated by our midfield play. Unfortunately, we appeared van- quished in Egypt in that field of play. So, it is important for us to do some serious introspection.
We must be very thankful to what the Ghanaian coach and his team have been able to achieve. People were of the opinion that a Ghanaian coach could not lead the Black Stars to victory. But the local coaches have all come together to be very supportive of Kwasi Appiah and his team. We believe and hope that this effort, goodwill will continue and that they will see that any achievement on the part of Kwasi Appiah will be an achievement for all Ghanaian coaches.
Mr Speaker, when we started, the first time, we managed to qualify, we are all aware that we built on the successes of the under-17 and under-21 teams. Today, we are not faring well. So, let us begin to think about who succeeds, the next gener- ation of players to take over from this crop of players because there is a weakening, there is a trend of weakness in these areas which were our strong points just a few years ago. So, let us not see our efforts crumble before we look to do what is right.
Having said that, Mr Speaker, I believe that we should be very honest with our- selves. The symbol of a country is its Coat of Arms in Ghana and our national flag. That is why at the World Cup level, all the teams demonstrate what is representative of the sovereignty of their countries in their national flags. The Black Stars nor- mally would wear colours of the national flag and if they do not and they wear the usual white, they would still have a black star in it.
Mr Speaker, that is what all the coun-
tries do. We should know -- For those of them who do not know that FIFA frowns upon mixing politics and religion with sports, the statutes of FIFA provide suc- cinctly, unambiguously that religion and politics should not be mixed with sports.
That is why it appears a tragedy for somebody in this House to propose that the national team should have the colours of the President -- The symbol of the President [Interruption.] Mr Speaker, that is not right. The symbol of the country is our flag and our Coat of Arms. Let us do what is right -- [Interruption.]
rose
Mr Speaker 11:25 a.m.
Hon Member, do you
have a point of order because they made reference to you, that is why I called you.
Mr Bukari 11:25 a.m.
On a point of order.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
Mr Speak- er, I corrected myself. The image of the President, if it is embossed on the jersey, would be most inappropriate and I am telling him that FIFA frowns on that; so, he should not go there at all.
Mr Speaker, we should hold the Black Stars in high esteem; let us do what we can for them. Between now and the com- mencement of the real deal, is quite a long time. Let us do whatever we can for them. I have heard our Hon Colleagues say that we should be praying and fasting for them. Whatever material assistance that we can offer as Ghanaians, let us do so to encourage them to give of their best
Mr Kyei-Mensah-Bonsu 11:25 a.m.


when they participate in the tournament. Mr Speaker, we hope that they would not disgrace us.

As I have said, the first two times that they appeared, they have done quite well and the hope is that they would still go higher than they did in the first two ap- pearances.

Mr Speaker, I thank you for this op- portunity.
Majority Leader (Dr Benjamin B. Kunbuor) 11:25 a.m.
Thank you, Mr Speaker, for giving me the opportunity to contribute to this all- important Statement that has been made by my Hon Colleague.
Mr Speaker, after having listened to the experts in the field, and particularly, the Hon Minority Leader, and in this context, I will add alias “Razak” -- [Laughter] -- He is certainly in a better position than I do to give us some indications how we would want the Black Stars to go.
Mr Speaker, it is indeed, the case that Ghana, as a country, has a lot of passion for sports generally and football in particu- lar. To this extent, I am particularly happy that Hon Members of this House have found time to make their own contribution.
As the case is in Ghana, everybody in Ghana is a football coach, so we are all taking our turns to assist the coaches to know how to handle the Black Stars, so that we can get the best out of them, which we are yet to see notwithstanding the achievements that they have made over the past decade or so.
Mr Speaker, sports generally and football in particular, is a unifying force. That is why even in the arena of Olympics, they have always used sports as a cultural point of unifying societies that are found in conflict. I cannot more than agree with
the Hon Minority Leader about the FIFA rules, but my humble interpretation about FIFA's rules abhorrence to politics and religion is at another level.
I understand it as partisan politics that FIFA actually frowns upon. But if we take politics in its broader context, you would find that it becomes even an arena for resolving otherwise political conflicts.
Mr Kyei-Mensah-Bonsu 11:25 a.m.
On a point of order.
Mr Speaker, just to provide informa- tion to my Hon Colleague. This whole business about FIFA frowning on mixing politics with sports and indeed, football started from the era of Adolf Hitler. He was the Head of State. It had nothing to do with parties in Germany. That was it.
Dr Kunbuor 11:25 a.m.
Mr Speaker, well, I would humbly want to draw the Hon Mi- nority Leader's attention to the fact that Adolf Hitler was a politically very partisan person. [Interruption.] Adolf Hitler was a fascist, which was an ideology and Adolf Hitler's activity in the political arena is exactly what I am talking about.
In fact, I was going to indicate the example of religion, where football teams even come together to pray before they actually go into the game. So, the spiritual and religious aspect of it must be looked at, not in terms of its positive attributes but the negative attributes. That is the footnote that I actually wanted to register.
Mr Speaker, there is something we also are missing in our sports arena in terms of training. Ghana seems not to have tran- scended that football and sports generally, are not only physical, but that they have
biological and psychological aspects and our handlers must do all in their strength to develop these other components in our footballers and sportsmen.
As I observed the match with Egypt, one could see very clearly the height differentials, even within our midfield and our attacking frontline. Mr Speaker, because of that, we were not even able to take advantage of up to even thirty per cent of the air balls and that in my opinion, was very significant. I could see the weakness in the midfield in relation to the fact that if you saw all those who were actually marking our midfielders, you would see clearly that they have the air advantage. And then it was also in the midfield that you could see the individual skills of the Egyptians, and yet we never saw the individual skills of our players which are up to about four or five and that created a major problem for us.

Mr Speaker, I am sure if they go back to my school days, they would know that those days, I would have also played for the Black Stars. [Interruption.] I guess that, in my view, we should unite as a nation and give almost a hundred per cent support to our Black Stars as they prepare to go to Brazil.

One has not seen clearly the group permutations that will come up, but we are praying that even that arrangement can give us a lot of advantages in terms of how far the Black Stars will go. I intend that the Black Stars, this time, should go as far as they can to the ultimate limit.

I thank you, Mr Speaker.
Mr Speaker 11:35 a.m.
Hon Members, on be-
half of the House and on my own behalf,I congratulate the Black Stars, the technical team and indeed, the Ghana Football Association for the third consecutive qual- ification to the World Cup Tournament.
Hon Members, we now move to Public Business. Item 4 -- Hon Majority Leader.
Dr Kunbuor 11:35 a.m.
Mr Speaker, the Hon Attorney-General and Minister for Justice is here to take item 4 --
Mr Speaker 11:35 a.m.
Hon Members, presenta- tion and First Reading of Bills, item 4 (a) -- Trade Marks (Amendment) Bill, 2013 by the Attorney-General and Minister for Justice.
BILLS -- FIRST READING 11:35 a.m.
Mr Speaker 11:35 a.m.
Item 4 (b) -- Anti-Mon- ey Laundering (Amendment) Bill, 2013 -- Attorney General and Minister for Justice.
Anti-Money Laundering (Amend- ment) Bill, 2013
An Act to amend the Anti-Money Laundering Act, 2008, (Act 749) to ex- tend the application of the Anti Money Laundering Act, 2008 (Act 749) to expand the scope of actions that can be taken under the Act and to provide for related matters.

Presented by the Attorney-General and Minister for Justice. Read the First time; referred to the Committee on Constitu- tional, Legal and Parliamentary Affairs.
Dr Kunbuor 11:35 a.m.
Mr Speaker, we would like to stand down item 5 and as you indi- cated, the Committee on Selection would meet immediately after adjournment to address some concerns that have come up before we take up the matter subsequently.
Mr Speaker 11:35 a.m.
Hon Members, so, we move to item 7.
Dr Kunbuor 11:35 a.m.
That is so, Mr Speaker.
Mr Speaker 11:35 a.m.
Hon Members, the Plant Breeders Bill, 2013 at the Consideration Stage.
BILLS -- CONSIDERATION 11:35 a.m.
STAGE 11:35 a.m.
Dr Kunbuor 11:35 a.m.
Mr Speaker, we ran into a challenge this morning and I would like to crave your indulgence, so that we can get the member of the Committee, Hon George Loh to take the amendment. The Chairman --
Mr Speaker 11:35 a.m.
Is he a member of the Committee?
Dr Kunbuor 11:35 a.m.
That is so, Mr Speak- er. The Chairman and his Vice are not available.
Mr Speaker 11:35 a.m.
Very well. Once he is a member of the Committee, it is permis- sible.
Mr Daniel Botwe 11:35 a.m.
Mr Speaker, we have no objection to that.
Mr George A. Loh (on behalf of the
Chairman of the Committee) 11:35 a.m.
Mr Speak- er, I beg to move, clause 8, subclause (3), line 2 delete “both”.
Dr A. A. Osei 11:35 a.m.
Mr Speaker, it will help if the Hon Member can tell us why he is making the amendment.
Mr Speaker 11:35 a.m.
Hon Member, what is the difference between the “both” and --
Mr Loh 11:35 a.m.
Mr Speaker, if you read the Bill as it is, you would find that when you do this -- If we delete “both” from the subclause,(3), line 2, it makes for a better rendition --
Mr Speaker 11:35 a.m.
Is it not by way of em- phasis? Is the grammer wrong, because this is really not drafting, it is grammar. Is it not by way of emphasis?
Papa Owusu-Ankomah 11:35 a.m.
Mr Speaker, the grammar is wrong. They are talking about two or more --
Mr Speaker 11:35 a.m.
Very well. If it is two, it is both.
Question put and amendment agreed to
Clause 8 as amended ordered to stand part of the Bill.
MR FIRST DEPUTY SPEAKER
Mr Loh 11:36 a.m.
Mr Speaker, I beg to move, clause 9, subclause (2), paragraph (a), after “is” insert “a”.
Dr Kunbuor 11:36 a.m.
Mr Speaker, if we could actually deal with the consequential matters in subclauses (1) and (2) and the Question is put, then we can move to subclause (3), so that there is consistency
in it. Otherwise, we would have to come back and take it.
Mr First Deputy Speaker 11:36 a.m.
I would want you to give us the rationale behind it.
Mr Loh 11:36 a.m.
Mr Speaker, the new rendi- tion will be, “a citizen who is a resident in the country” -- [Interruption.]
Dr A. A. Osei 11:45 a.m.
Mr Speaker, paragraph (a), unless I am holding a different one; it says “a citizen or who is resident. . .” That paragraph itself is completely incorrect. What does it mean, “a citizen or who is...”? As it stands now, it does not make sense.
Mr Loh 11:45 a.m.
Yes, I agree with the Hon Member, so the “or” should also go. Very well. Mr Speaker, we agree. I suspect it is a typographical error. So, the new rendition will be; “a citizen who is a resident in the country”.
Mr First Deputy Speaker 11:45 a.m.
I hope you are satisfied with it? So, it is a further amendment to the original amendment.
Mr Anyimadu-Antwi 11:45 a.m.
Mr Speaker, I think we are considering two people here; it is not “a citizen who is resident here”. We are considering “a citizen or a person resident in Ghana”. It could be a foreigner but who is resident in Ghana. So, it is not “a citizen who is resident in Ghana”. No! We would have combined them; we have to distinguish between a citizen on one hand and someone who is resident in Ghana to be given the protection.
So, the correction as proposed is cor- rect; we do not need to further amend it.
Mr First Deputy Speaker 11:45 a.m.
Hon Member, come again, I do not understand you.
Mr Anyimadu-Antwi 11:45 a.m.
Mr Speaker, there was a further amendment that was
proposed and that proposal sought to combine the (2), that is, “a citizen” and “residency”. But the law focuses on a citizen getting the protection on one hand and somebody who is not a Ghanaian, but resident in Ghana. So, if we fuse them to make it “a citizen but resident in Ghana”, then we would have lost one leg of it. But we would want to say that an application could be made by a citizen or somebody who is ordinarily resident in Ghana.
Mr First Deputy Speaker 11:45 a.m.
So, if I understand you, you are going by the original amendment? So, we would get back to the Hon Member.
Hon Member, how do you respond to that before I come to the Chairmanship?
Dr A. A. Osei 11:45 a.m.
Mr Speaker, if I un-
der-stand what the Hon Member is saying, then he means the further amendment corrects it. The further amendment cannot correct it if I follow his logic. So, he needs to further amend what has been further amended to read: “a citizen or person who is resident in the country. . .” That would be a more accurate interpretation of what I understand it to be.
So, there should be a further amend- ment, not the way we had it.
Mr Emmanuel K. Bandua 11:45 a.m.
Mr Speaker, I think, to make things easier, let us read the whole subclause and then it will follow. If we read the whole sub- clause, it goes this way:
“An application for the grant of a plant breeder right may be filed by the breeder of a new variety who is --
(a) a citizen or who is a resident in the country”.
That is how it would go, so, that, if you combine the two “or who is resident in the country”, then the “a” may also have to go; then it will follow that way.
Mr William O. Boafo 11:45 a.m.
Mr Speaker, I think the insertion which the Hon Member for Asante Akim Central was trying to insert should be looked at. I think he is saying that “a citizen or a person”; the insertion of the letter “a” after “is” I think, presumes that there must be something af- ter the “a” and what should be there is the “person”. “a citizen or a person resident in Ghana”, So that, Mr Speaker, it will take care of a foreigner who is resident in Ghana and is eligible to seek for the plant breeder right.
Mr First Deputy Speaker 11:45 a.m.
Before I come back to the Hon Chairman, Hon Gyan-Baffour.
Prof. George Y. Gyan-Baffour 11:45 a.m.
Mr Speaker, I think that is the essence of it but it will read better if you contrast citizen. So, it will read as, “a citizen or a non-citi- zen who is resident in the country” so that you can get that sharp contrast between a citizen and a non-citizen or a citizen and a foreigner who is now resident in the country. That makes it a bit clearer, so that you can actually get the clarity there.
So, I would suggest that the amendment should read: “a citizen or non citizen who is resident in the country”. That makes it better.
Mr Loh 11:45 a.m.
Mr Speaker, the import of this is that, there are two legs; I agree with my Hon Colleague when he says there are two legs. What we are saying is that, the person should be either a citizen or should be resident in the country. We do not want to bring in non-citizen; once you are resident within the geographical space of Ghana, you qualify. That is what this amendment seeks to do. So, I think what we have on the Order Paper is correct; we should stay with it.
Dr A. A. Osei 11:45 a.m.
Mr Speaker, if that is true, then the initial amendment is not warranted. It should stay as it is. So, he should stand it down, then we will be all right.
Mr Loh 11:45 a.m.
Very well, Mr Speaker.
Papa Owusu-Ankomah 11:45 a.m.
Mr Speaker, if you look at (iv) of the memorandum, the last paragraph, it reads: “the application process and indicates the persons who may file the application. A breeder who is a citizen or resident in the country”. That is what it means. So, keeping it as it is, is really the proper thing to do.
Mr First Deputy Speaker 11:45 a.m.
Hon Members, can we defer this for the drafts- persons to assist us, so that we come back and look at it?
Mr Loh 11:45 a.m.
Mr Speaker, on that note, we defer this amendment and move on. We will come back and rectify it.
Mr First Deputy Speaker 11:45 a.m.
Hon Chair- man, we are still on clause 9.
Mr Loh 11:45 a.m.
Mr Speaker, I beg to move, clause 9, subclause (2), paragraph (b), line 2, after “is” insert: “a”
Mr First Deputy Speaker 11:45 a.m.
Hon Chairman, before that, formally withdraw your application for amendment, so that the Hansard captures it then we move on.
Mr Loh 11:45 a.m.
Mr Speaker, I withdraw the amendment and defer it.
Mr Boafo 11:45 a.m.
Mr Speaker, if you read what is in the Bill, clause 9 (2)
“An application for the grant of a plant breeder right may be filed by the breeder of a new variety who is
(a) “a citizen or who is resident in the country”
Mr Speaker, it does not flow from the (2). This is because we have “who is” already --
Mr First Deputy Speaker 11:45 a.m.
Hon Member, we have taken a certain decision. Let us go by it; it will come back for us to take a second look at it.
Hon Member, move on.
Mr Loh 11:55 a.m.
Mr Speaker, I beg to move, clause 9, subclause (2), paragraph (b), line 2, after “is” insert “a”.
Mr First Deputy Speaker 11:55 a.m.
I believe that is the one you withdrew. Is that not right?
Mr Loh 11:55 a.m.
Mr Speaker, no! This is an- other one. This is subclause 2 (b).
Mr First Deputy Speaker 11:55 a.m.
All right, Subclause 2 (b).
Mr Loh 11:55 a.m.
Mr Speaker, so it will read:
“a foreign citizen or a resident in the territory of a party to a treaty to which the Republic is a party.”
Dr A. A. Osei 11:55 a.m.
Mr Speaker, I think the early statement is what confused us, but I think he has corrected himself. So, I am alright.
Question put and amendment agreed to.
Mr Loh 11:55 a.m.
Mr Speaker, I beg to move, clause 9, subclause (2), paragraph (c), line 2, after “is” insert “a”.
So that the new rendition will read:
“a legal entity that has its registered office within the territory of a party to a treaty to which the Republic is a party”.
Mr First Deputy Speaker 11:55 a.m.
Very well, Then we take it as being consequential. Right?
Dr A. A. Osei 11:55 a.m.
Mr Speaker, unless I am mistaken. Paragraph (c) line 2, there is no “is” on what I have.
Mr First Deputy Speaker 11:55 a.m.
After the word “Republic” and we changed “Repub- lic” and “party”.
Dr A. A. Osei 11:55 a.m.
Mr Speaker, maybe, it is not showing on mine. It is not there --
Mr First Deputy Speaker 11:55 a.m.
I think, with his copy, it is not there.
Mr Loh 11:55 a.m.
Mr Speaker, the Hon Mem- ber is using a photocopy. [Laughter.]

Question put and amendment agreed to.
Mr First Deputy Speaker 11:55 a.m.
I would take all the amendments taken in respect of clause 9. But I remember we have deferred a certain portion of it. Is that right? So, we would wait until we have taken that one. It was not in respect of clause 9?
Some Hon Members 11:55 a.m.
It was with- drawn.
Mr First Deputy Speaker 11:55 a.m.
It is with- drawn? Very well.
Hon Members, I will take the whole of clause 9 as variously amended.
Clause 9 as amended ordered to stand part of the Bill.
Clause 10 -- Presumption of protec- tion.
Mr Loh 11:55 a.m.
Mr Speaker, I beg to move, clause 10, subclause (2), delete and insert the following:
“Where the application is by an ap- plicant who is a successor-in-title, the applicant shall support the application with the proof of the successor's title”.
Mr Speaker, so, we are deleting that whole subclause (2) and inserting a new one.”
Mr Speaker, this has just been reworded to make it a better rendition of the old one. The idea is still the same but we believe if we put it this way, it is a better rendition than it was.
Mr First Deputy Speaker 11:55 a.m.
Any com- ments, otherwise, I will put the Question?
Mr Boafo 11:55 a.m.
Mr Speaker, the succes-
sor- in- title, if somebody is in possession, does he come under successor- in- title or successor- in- interest? If somebody is in possession, possession is not title, he is three- quarters of ownership but it is not title. So, if somebody is in possession, is he qualified under successor- in -title?
Mr Anyimadu-Antwi 11:55 a.m.
Mr Speaker, I believe I get my Hon Colleague's point but just to say that, it depends on the agree- ment that exists. This is because if you are not the originator of it, it means that when you are in possession, it means that it has been given to you under some agreement or some lease or something. So, it would determine how this one will be dealt with. So, I think it becomes the crunch which the courts would have to determine.
Mr Loh 11:55 a.m.
Mr Speaker, I believe the successor- in- title here is talking about
technical transfer of the application to whoever would succeed and not the ordi- nary succession as we have in somebody dying and another succeeding. So, I think it is correct as captured by the Order Paper.
Papa Owusu-Ankomah 11:55 a.m.
Mr Speaker, what is the purpose of this amendment? Is there any difference in meaning between the original rendition and this one? If there is a difference in meaning, then probably, let the Hon Chairman—because the orig- inal rendition reads:
“where the application is made by the successor-in-title of the appli- cant, the applicant shall support the application with proof of the successor's title”.
Mr Speaker, I have read it and I think there is a difference because the original says: “where the application is made by the successor-in-title, you cannot have the successor-in-title of an applicant applying….” It is the applicant who is the successor-in-title of the one who has that right. So, I believe the amendment is in order.
Dr A. A. Osei 11:55 a.m.
Mr Speaker, I would need your guidance. I was wondering if he was also using a different thing that -- [Laughter.]
Mr First Deputy Speaker 11:55 a.m.
Hon Mem- bers, I will put the Question.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand as part of the Bill.
Clause 11 -- Priority of application.
Mr Loh 11:55 a.m.
Mr Speaker, I beg to move, clause 11, subclause (1), line 1, delete “declare” and insert “claim”.
Mr Speaker, so, it will read 11:55 a.m.
“An applicant may claim the right
of priority of an earlier application that has been duly filed for the grant of a plant breeder right for the same variety by the applicant or the prede- cessor in title of the applicant with a State or intergovernmental Organi- sation which is party to a treaty to which the Republic is a party”.
The reason is that, normally, you cannot declare, you can only claim, so we just corrected the language.
Mr First Deputy Speaker 11:55 a.m.
Are there any comments?
Mr Boafo 12:05 p.m.
Mr Speaker, I believe the intention is for the applicant to declare it in the application; maybe, that is why they used the word “declare”; to declare it in the application -- [Interruption.]
Mr Loh 12:05 p.m.
Mr Speaker, because it is something about ownership, or it is something about rights. Rights can only be claimed; one cannot declare his rights. So, we believe that “claim” is a more appropriate rendition of it than “declare.'
Mr First Deputy Speaker 12:05 p.m.
Yes, Hon Deputy Majority Leader, you were up or you want to abandon it?
Mr Albert K. Agbesi 12:05 p.m.
Mr Speaker, I was just going to agree with the Chairman of the Committee that the applicant by his application, he is “claiming” his right of priority, not “declaring”. That is why I agree with the Chairman.
Question put and amendment agreed to.
Clause 11 as amended ordered to stand part of the Bill.
Clause 12 to 14 ordered to stand part of the Bill.
Clause 15 -- Provisional protection of Plant Breeder's right.
Mr Loh 12:05 p.m.
Mr Speaker, I beg to move, clause 15, subclause (2), line 4, delete “once the plant breeder” right is granted”.
Mr Speaker, we believe that the addi- tion of this phrase is superfluous. If you read up to section 20, it still carries the meaning as it should be. So, we think that we should take it away to make it more concise and straight to the point.
Question put and amendment agreed to.
Clause 15 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 12:05 p.m.
Very well. Then in that case, when we come back, we have to start from clause 16.
That brings us to the end of the Con- sideration Stage for today.
Mr Alfred K. Agbesi 12:05 p.m.
Mr Speaker, my attention has been drawn to the Mace which was tilted.
Mr Speaker, at this stage, I beg to move, that the House do adjourn till to- morrow at 10.00 o'clock in the forenoon as many committees are going to meet after adjournment.
Mr Dan Botwe 12:05 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
ADJOURNMENT 12:05 p.m.
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