Debates of 12 Nov 2014

MR SPEAKER
PRAYERS 10:30 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:30 a.m.

Mr Speaker 10:30 a.m.
Hon Members, Correction of Votes and Proceedings
  • [No correction was made to the Official Report of Friday, 7th November, 2014.]
  • Mr Speaker 10:30 a.m.
    Question time - Hon Members, we will start with the Urgent Question standing in the name of the Hon Member for Sunyani East.
    Yes?
    rose
    Mr Speaker 10:30 a.m.
    Hon Member, is the Question in your name? Is that Urgent Question in your name?
    I will ask Hon Patrick Boamah.
    Mr Patrick Y. Boamah 10:30 a.m.
    Mr Speaker, I am not sure my Hon Colleague is well versed in the system that has been installed here.
    Mr Speaker 10:30 a.m.
    I know very well.
    Mr Boamah 10:30 a.m.
    So, he needs to go back to his seat, otherwise, the Hansard Department will not capture --
    Mr Speaker 10:30 a.m.
    I have no problem with where he is sitting but my problem is that the Question stands in his name. That is why I want some other person to respond to the application being made by the Hon Deputy Majority Leader.
    Mr Boamah 10:30 a.m.
    Mr Speaker, we do not have a problem with the Hon Deputy Minister answering the Question.
    Mr Speaker 10:30 a.m.
    Very well.

    Hon Member for Sunyani East, you have the floor.
    URGENT QUESTION 10:30 a.m.

    MINISTRY OF LOCAL 10:30 a.m.

    GOVERNMENT AND RURAL 10:30 a.m.

    DEVELOPMENT 10:30 a.m.

    Mr Speaker 10:30 a.m.
    Do you have the Answer? We do not have the Answer. You alone have the Answer because this is an Urgent Question.
    Nii Lantey Vanderpuye: On the caterers --
    Mr Speaker 10:30 a.m.
    This is an Urgent Question; I do not even have the Answer. So, I do not know what you are correcting.
    Nii Lantey Vanderpuye: Mr Speaker, then I will go straight to answer the Question.
    Mr Speaker 10:30 a.m.
    Very well.
    Nii Lantey Vanderpuye: Mr Speaker, the Ghana School Feeding Programme (GSFP) as you are much aware, was established to provide school children in selected public primary schools and kindergartens with one-hot nutritious meal on every school-going day. The aim is to improve local food production, malnutrition and enhance enrolment and retention.
    Since its establishment in 2005, the GSFP has systematically expanded from 500,000 pupils to 1.7 million pupils as of today. The GSFP under the current funding arrangement is being financed by the Ghana Government through the Distr ict Assemblies Common Fund budgetary allocation.
    Payment to caterers is made on the basis of the school calendar which gives an indication of the number of school- going days in every academic term. The total number of school-going days for the 2013/2014 academic year was 187. Out of this, 151 days had been paid, totalling GH¢147 million. The remaining balance of 36 days for the 2013/2014 academic year is yet to be paid.
    The total indebtedness as of today is GH¢101 million, which is translated to 76 school-going days, covering the out-
    standing 36 days of the last academic year and the remaining 40 days of the first term of the 2014/2015 academic year.
    In this regard, the Ministry is looking forward for release of funds to pay the rest of the indebtedness to the caterers.
    Thank you, Mr Speaker.
    Mr Ameyaw-Cheremeh 10:30 a.m.
    Mr Speaker, we all know that the District Assemblies Common Fund for 2014 is in arrears; maybe, the first quarter will be paid this week or next week; we are not too sure. But the fact remains that the Government owes the caterers. So, in the face of the irregular flow of the District Assemblies Common Fund, what will the Ministry do as a stop-gap measure to ensure that the caterers do not under-feed the pupils. This is because when they do not have money --
    Mr Speaker 10:30 a.m.
    Hon Member, why are you linking it to the District Assemblies Common Fund? We are talking about the school feeding programme. I want to get your Question right; your Question is about school feeding programme and the indebtedness of the caterers. I do not see why you are linking the two. So, let us limit our Question to the school feeding programme and the indebtedness.
    Mr Ameyaw-Cheremeh 10:30 a.m.
    Mr Speaker, in his Answer, he said that the payment was linked to the District Assemblies Common Fund.
    Mr Speaker 10:30 a.m.
    He said that?
    Mr Ameyaw-Cheremeh 10:30 a.m.
    He said that.
    Mr Speaker 10:30 a.m.
    Very well.
    Proceed then. You are right if he actually said it.
    Mr Ameyaw-Cheremeh 10:30 a.m.
    Thank you, Mr Speaker.
    So, I was asking that because of the irregular flow of the District Assemblies Common Fund, what can the Ministry do to ensure that when the Distr ict
    Mr Speaker 10:40 a.m.
    Hon Deputy Minister?
    Nii Lantey Vanderpuye: Mr Speaker, the District Assemblies Common Fund is one of the major sources. We all know that Ghana is also dependent on the resources of our development partners in addressing this school feeding programme.
    Yes, there has been problems with the releases from the District Assemblies Common Fund, which makes the payment for the caterers much more infrequent. But the Ministry is also working out a procedure where we could , from our sources, raise the necessary funding in order to cater for the arrears, so that when the releases are made, we would be able to reimburse the sources we took the money from.
    Thank you, Mr Speaker.
    Mr Speaker 10:40 a.m.
    Hon Deputy Minister?
    Nii Lantey Vanderpuye: Mr Speaker, we want to assure the House that the Ministry has worked out some moneys - - and I would not be able to -- This is

    because we are still negotiating and talking about it -- raising some money.

    I am aware there is a meeting today between the Ministry and partners to get some money to, at least, offset the arrears of the 2013/2014 academic year. When the releases come, we could meet the demands of the 2014/2015 academic year as soon as possible.
    Mr Speaker 10:40 a.m.
    Your last supplementary question.
    Mr Ameyaw-Cheremeh 10:40 a.m.
    Mr Speaker, the fact is that, the caterers would be paid eventually, maybe, they would have incurred more losses after or before payment. But the school children must be fed well.
    I would want to be assured by the Hon Deputy Minister that there is a monitoring mechanism put in place to ensure that the feeding that goes on is appropriate in terms of quantity and quality. This is because the report some of us are getting is that, the caterers, under the excuse of “we have not been paid”, do not feed the children well. Is the Ministry or the GSFP monitoring to ensure that we are not mal- feeding the children?
    Nii Lantey Vanderpuye: Mr Speaker, it is true that in every programme, if monitoring and evaluation mechanism is not effectively carried out, what happens is that, there could be lapses in the programme.
    I can give the assurance of the Ministry to the House that the Ministry itself has set up a monitoring and evaluation desk at the Ministry, evaluating the reports that are brought to us from the School Feeding Programme Office and also, getting reports from our field officers assigned to the Assemblies, the MMDAs.
    I can also say that where issues of the quality of the food have been raised, the Ministry, through the GSFP, has taken
    the decision to enquire into it and get the appropriate responses.
    We have also, through the reports of the GSFP, tried to create an integrated system where through the Assemblies, we could have direct and good quality farming inputs from some of our known farmers would take directly through the caterers, so that they would not go to the market. And as the reports have been, that people go and buy some rotten and perishables things. We would want to make sure that --
    For example, I know there are good vegetable growers in the Hon Member's Constituency. So, the Assemblies would have direct relationship with those farmers and those farmers would supply through the Assemblies to the caterers, so that when the payment is being done, the Assemblies would be in a position to make deductions directly for the farmers to create an integrated market system where the women would have an off-taker to supply them with the farm produce.
    We hope these things, when we put them in place, would help to make the school feeding programme more effective.
    Thank you, Mr Speaker.
    Mr Speaker 10:40 a.m.
    Hon Member for Okaikoi Central?
    Mr Patrick Y. Boamah 10:40 a.m.
    Mr Speaker, the Ministry owes the caterers a whooping amount of one hundred and one million
    Ghana cedis (GH¢ 101,000,000) and this accounts for seventy-six catering days or school days. Does the Hon Deputy Minister not think this has also caused the increase in the outbreak of cholera and malnutrition among the school children since the basis for the whole programme is to ensure that school kids are fed very well, at least, once a day and that if they are not fed properly, they would go to the street and buy from other --
    Mr Speaker 10:40 a.m.
    Hon Member, your Question is disallowed. You cannot ask or solicit the opinion of a Minister or a Deputy Minister responding to Questions. So, it is disallowed.
    Hon Member for Jaman South?
    Mr Yaw Afful 10:40 a.m.
    Mr Speaker, I would like to find out from my good Friend, Hon Nii Lantey Vanderpuye, the Deputy Minister for Local Government and Rural Development --
    In the Answer provided to us this morning, he did say that the basis of setting up this programme, is, one, to increase food production; two, to cure malnutrition; and three, to increase enrolment and be able to retain them. Is he aware that due to the irregular payments to these caterers, all these three goals have not been met?
    Nii Lantey Vanderpuye: Mr Speaker, as far as the Ministry of Local Government and Rural Development and the Office of the School Feeding Programme are concerned, we have no evidence at all in saying that the indebtedness to the caterers has led to reduction in school enrolment and also the retention of those people in school. There is no evidence.

    If the Hon Member of Parliament has that record, he could make it available to the Ministry, so that we would investigate further and see how best we can resolve that issue.
    Mr Speaker 10:40 a.m.
    Hon Member for Nsawam-Adoagyire?
    Mr Frank Annoh-Dompreh 10:40 a.m.
    Thank you Mr Speaker, for your kind indulgence.
    Mr Speaker, I would like to know from the Hon Deputy Minister if there is any correlation between the delay in the necessary funding for the School Feeding Programme and the quality of food being served to these school pupils. If there is any correlation, whether good or bad, what stop-gap measure is the Ministry putting in place to arrest this correlation?
    NII Lantey Vanderpuye: Mr Speaker, I believe this question is almost the same question that was asked by Hon Ameyaw- Cheremeh and I have provided the answer, that at any point in time that the Ministry is informed about the quality of food that is given to the school children, the Ministry takes a step through the School Feeding Programme to effectively monitor and do the investigations.
    Yes, correlation is possible because we are human beings. I believe seriously, even if the moneys are paid regularly, not all the caterers would have same taste of food, just as we could not have the same taste in all restaurants in Ghana about the same menu.
    So, we have to continuously get the caterers to understand, that apart from it being a commercial activity for them, they also owe it as a patriotic duty, a motherly
    duty to provide the best of meals for the school children.
    We would always continue to talk to them to understand the fact that it is their own children who are in the classrooms and so, the food that they would want their children to have in the house should be the same food they would give to the school children. And I believe that has kept the programme going.
    Mr Speaker 10:40 a.m.
    Hon Members, we now move to Question number 230, standing in the name of the Hon Member for Sunyani East.
    Hon Member, you have the floor.
    ORAL ANSWERS TO QUESTIONS 10:50 a.m.

    MINISTRY OF LOCAL GOVERNMENT 10:50 a.m.

    AND RURAL DEVELOPMENT 10:50 a.m.

    Mr Ameyaw-Cheremeh 10:50 a.m.
    Mr Speaker, I would like the Hon Deputy Minister to share with us some of the key findings and recommendations of the management audit if they are available.
    Mr Speaker 10:50 a.m.
    Hon Deputy Minister?
    Nii Lantey Vanderpuye: Mr Speaker, the real objective of the CUT was for it to be like a knowledge management body to research and develop programmes for the management of urban transport in our capital cities.
    Some of the findings which were brought out from the recommendations made were on how to have the institutional development of the CUT, and how to really expand its role to make sure that we would continually have, not only the perspective of Accra as the capital city but also, the recommendations that the programmes and structure of the new urban transport management of Accra could be replicated in the other regional capitals, taking into consideration their own peculiar geographical situations.
    Some of the recommendations are for the constitution of Greater Accra Passenger Transport Executive (GAPTE).
    For now, GAPTE is virtually running this programme. We require that CUT should have that structure; a form of decentralisation. So in Accra, there is GAPTE. If it is Kumasi, they would have the structure. Sunyani and other regional capitals would have the same structures, so that they would look at it -- the CUT was planning only for Accra but they would want us to be forward-looking and hence look at all the other regional capitals. This is one of the recom- mendations.
    There was also a recommendation on the management structure, the orga- nogram of the Centre for Urban Transportation (CUT) and the rest. All these were there and I would not be able to go through all the document because the document is quite voluminous, Mr Speaker. I can make it available to the Hon Member of the House later on when he contacts me at the Ministry.
    Mr Ameyaw-Cheremeh 11 a.m.
    Mr Speaker, I would be happy if the Hon Deputy Minister makes it available to Parliament for the benefit of all of us.
    Thank you so much.
    Now, he has told us that the CUT was ejected from its rented premises for non- payment of rent. I do not know whether the rent has been paid. But where can we physically locate CUT now and if they do not have physical address, what effort is the Ministry making to ensure that they have a physical address that we can walk to them?
    Nii Lantey Vanderpuye: Mr Speaker, it is regrettable but when they were ejected from the rented premises, the Ministry took immediate action to recover the important items like the computers and all those things and they are at the disposal of the Ministry.
    Again, some of the offices were also relocated to the office of the Greater Accra Passenger Transport Executive (GAPTE) and they are there.
    Mr Speaker, as I have already made you aware, virtually, the CUT has no staff now as at today. So, their equipment and machinery are with the Ministry of Local Government and Rural Development and we have also given some to GAPTE for its operations in the meantime. This is because GAPTE is virtually taking care of the activities of CUT in the interim until the restructuring is completed.
    Mr Patrick Boamah 11 a.m.
    Mr Speaker, it is sad for a body such as CUT which was set up by an Act of Parliament to be squatting in premises which were not intended for that purposes.
    In the Hon Deputy Minister's Answer, he said the Centre was expected to take up functions, responsibilities and roles of the project advisory office of the Ghana Urban Transportation Project under the Urban Transport system. What has occasioned the delay? The last paragraph if you would want me to go over.
    You said, the Centre was expected to take over the functions, responsibilities, roles and obligations of the project advisory office of the Ghana Urban Transport Project under the Department of Urban Roads. He said they were expected to take over and I would want to find out what has occasioned that delay.
    Nii Lantey Vanderpuye: Mr Speaker, the answer is embedded in there. What has occasioned the delay is the fact that CUT as at today, is not functional and once we get the restructuring and reforms done, we would bring it back and then it would assume its proper designated mandate under the law.
    Mr Speaker 11 a.m.
    Last supplementary question, Hon Member for Subin.
    Mr Isaac Osei 11 a.m.
    Mr Speaker, is the Hon Deputy Minister confirming to this august House that for all practical purposes, CUT does not exist? This is because they have no staff, no place --
    Mr Speaker 11 a.m.
    Hon Deputy Minister?
    Mr Isaac Osei 11 a.m.
    Is the Hon Deputy Minister confirming to this august House --
    Mr Speaker 11 a.m.
    Hon Member, you have asked the question; allow the Hon Deputy Minister to respond.
    Hon Deputy Minister?
    Nii Lantey Vanderpuye: Mr Speaker, yes, in technical operational language, I would say, yes, it is not functioning.
    Mr Isaac Osei 11 a.m.
    Excuse me; does the Hon Deputy Minister mean, no, it does not exist?
    Mr Speaker 11 a.m.
    Hon Member for Subin, this is unlike you. We have rules. So, take your seat. [Laughter.]
    The Hon Deputy Minister says for technical reasons, it does not exist.
    Nii Lantey Vanderpuye: Mr Speaker, I am saying that in technical and operational language, as the Hon Member wants me to answer, it is, yes, it is not working.
    Mr Speaker 11 a.m.
    Hon Member, your last supplementary question.
    Mr Isaac Osei 11 a.m.
    Mr Speaker, when he says, yes, it means it exists; when he says, no -- It does not exist. So, yes, means yes. So, that is my understanding of English.
    Mr Speaker 11 a.m.
    Hon Member, I have given you the chance, based on the answer the Hon Deputy Minister has presented. If you want him to clarify, ask him what he means by technical reasons.
    Mr Isaac Osei 11 a.m.
    Mr Speaker, I would want the Hon Deputy Minister to tell us whether it exists. All these technical operational matter is very confusing.
    Mr Speaker 11 a.m.
    Hon Deputy Minister, if you have --
    Nii Lantey Vanderpuye: Mr Speaker, technically, I would say it does not exist.
    Mr Speaker 11 a.m.
    Hon Members, let us make progress.
    We move now to Question number 166 standing in the name of Hon Member for Oforikrom.
    Yes, Hon Deputy Majority Leader?
    Hon Deputy Minister, thank you very much for attending upon the House to respond to Questions from Hon Members.
    Mr Patrick Y. Boamah 11 a.m.
    Mr Speaker, we would want to know exactly the reasons the Hon Minister is not here.
    Mr Speaker 11 a.m.
    Hon Deputy Majority Leader, Hon Members would want to know exactly where the Hon Minister is.
    Mr Agbesi 11 a.m.
    Mr Speaker, she is engaged in an official duty outside Accra at the moment.
    Mr P. Y. Boamah 11 a.m.
    She can go ahead, please.
    Mr Speaker 11 a.m.
    Very well. [Pause.]
    Hon Member for Oforikrom, you have the floor.
    Ms Elizabeth Agyeman 11 a.m.
    Mr Speaker, I posed this Question somewhere in -- [Interruption.]
    Mr Agbesi 11 a.m.
    Mr Speaker, the Hon Deputy Minister has something to tell the House concerning the Question, before it is asked.
    Mr Speaker 11:10 a.m.
    What is the point you are making?
    Mr Agbesi 11:10 a.m.
    The Hon Deputy Minister has something to tell the House before the Question is asked.
    Mr Speaker 11:10 a.m.
    Hon Deputy Majority Leader, the frontbench is in charge of Government Business. So, is it something that cannot be said by the frontbench? I want to get the position very clear. This is because this is Question time.
    Mr Agbesi 11:10 a.m.
    Mr Speaker, she wants to inform the House before the Question is asked. [Interruption.]
    Mr Speaker 11:10 a.m.
    Hon Members, I would want to understand the point that the Hon Deputy Majority Leader is making before I open the floor. So, Hon Deputy Majority Leader, what did you say?
    Mr Agbesi 11:10 a.m.
    Mr Speaker, to be precise, she is not ready to answer the Question - - [Uproar.]
    Mr Speaker 11:10 a.m.
    Yes, let me hear from the Member of Parliament for Subin.
    Mr Isaac Osei 11:10 a.m.
    Mr Speaker, it is shocking that an Hon Deputy Minister will come here and say she is not ready to answer the Question. Why did she come?
    This is the second time that it has happened, not with this Hon Deputy Minister. It is unbelievable that a Minister will come to the House and say she cannot answer a Question.
    Mr Speaker 11:10 a.m.
    Hon Deputy Majority Leader, since you are in charge of Business in the House, normally, you should get proper briefing from the Ministry, and then try to get in touch with your Hon Colleagues opposite, have discussions

    with them, negotiate with them, negotiate with the Member in whose name the Question is, so that you do not create this scene on the floor of the House.

    Several Hon Members: Shame!
    Mr Speaker 11:10 a.m.
    Hon Members, it is not in order to say “shame” on the floor. Why? Please, why do you say “shame” to somebody?
    Hon Deputy Majority Leader?
    Mr Agbesi 11:10 a.m.
    Mr Speaker, I am sorry for the situation. But until late this morning, we did not get the response from the Hon Minister until we entered the Chamber.
    Mr Speaker, it was at that stage that the Hon Deputy Minister entered with what I wanted her to tell the House. That was why I wanted her to explain to us the reason they are not ready.
    Mr Speaker, we could not get the Hon Member in whose name the Question stood to talk with her before we started proceedings. It is in that wise that I wanted the Deputy Minister to explain the circumstances leading to the non- availability of the Answer.
    Mr Speaker 11:10 a.m.
    Hon Deputy Majority Leader, this is not an Urgent Question; there are many issues involved.
    That is why the best approach is to have discussion with your Hon Colleagues on the opposite side on this matter. It is not an Urgent Question. At least, if the Answer is not here --
    My understanding this morning was that, the Questions were transmitted to the Ministry on time, so that if the Hon Minister is not here, at least, the Answer should be printed. This is not an Urgent Question.
    The best way out is to talk to your Hon Colleagues and the Hon Member in whose name the Question stands, then we can direct that the Business Committee try to reprogramme the Question for the Hon Minister to come and answer.
    Business Statement was read last Friday, this Question was listed. Ordinarily, we expect that the Answer, at least, should be here.
    I do not know what I am going to allow Hon Deputy Minister to say on the floor of the House now -- This is because if we are not careful, it may provoke further debate on the floor.
    Let me hear from you first before I come back.
    Alhaji Mohammed-Mubarak Muntaka 11:10 a.m.
    Thank you, Mr Speaker, for the opport- unity.
    I rose to equally plead with you that you give us some time to talk to our Hon Colleagues opposite, so that this will be rescheduled.
    Mr Speaker, if you look at the letter that left Parliament, it was written to the Ministry on the 3rd November, 2014, and then the reminder for the scheduling was sent to them on 6th of this month.
    The Ministry's argument is that, unfortunately, they did not receive the letter early. That was what the Minister said. So, we will plead that they are given a little time to come back -- We hope that by the end of this week, the Hon Minister will be back from the conference in Koforidua.
    We have pledged as Leaders to negotiate with them, so that --
    Mr Speaker 11:10 a.m.
    Was it the letter programming them that was late or the transmission of the Question from the Clerks-at-the-Table? I want to know what was late because they are two separate issues.
    Alhaji Muntaka 11:10 a.m.
    Mr Speaker, the communication from the Table Office to the Ministry was not late because it went on the 3rd of November, 2014. But the programming was done three days after the letter was sent; it was done on the 6th November, 2014. The letters are here.
    They said that because of the time which was short, the Hon Minister was not in town. But we have taken steps now to ensure that they come early next week to answer this Question.
    When the Business Statement was read, it was our duty to get in touch with the Hon Minister to tell her that on Wednesday, they were going to answer the Question. Unfortunately, she was out of town. So, we will plead that our Hon Colleague opposite will understand the situation. We promise that early next week, we will get the Hon Minister to come and answer the Question.
    Mr Speaker 11:10 a.m.
    Hon Members, I want to plead with you. Clearly, there is a problem. I will urge Hon Members to exercise some restraint while we look into this matter.
    I have asked the Clerks-at-the-Table to get me the necessary information on this matter with regard to the time the Question was transmitted to the Ministry, when the letter programming the Ministry to come and respond to Questions --
    Please, when I am speaking, Hon Members would have to take their seats
    -- 11:10 a.m.

    Ms Elizabeth Agyeman 11:10 a.m.
    Thank you, Mr Speaker.
    This Question was posed in June as an Urgent Question --2013. I have always been following the Clerks-at-the-Table because I want to find the Answer to this Question. It has now come as an ordinary Question, but there is no Answer --
    Mr Speaker 11:10 a.m.
    Hon Member, it is true it might be in June, but you know we went on recess. So, once we went on a long recess, it can no longer be treated as an Urgent Question, and that was why it was not admitted as such.
    Ms Agyeman 11:10 a.m.
    Mr Speaker, there is no Answer at all.
    Mr Speaker 11:10 a.m.
    Hon Member, yes. That is why we want to find out. There is always correspondence on all these matters. Let us find out where the problem is, and then we will reschedule the Question.
    Ms Agyeman 11:10 a.m.
    Thank you, Mr Speaker.
    I would want to plead that the Hon Minister herself should try to come here and answer this Question. I have been following her in her office but I do not find her. I want to see her here to answer some questions.
    Mr Speaker 11:10 a.m.
    Very well. That is another matter -- [Laughter.]
    Question number 214, Hon Minister for Transport?
    Hon Deputy Majority Leader, where is the Hon Minister for Transport?

    Yes, Hon Deputy Majority Leader?
    Mr Agbesi 11:20 a.m.
    Mr Speaker, we have not been able to get in touch with the Hon Minister even though we have made efforts to get her to come.
    I plead that the Question should be rescheduled for her to appear.
    Mr Boamah 11:20 a.m.
    Mr Speaker, the manner in which our Colleagues on the other side have handled this particular Question is not too good. There are a lot of people in the gallery watching us. Already Parliament is under siege from the public. So, we should be seen to be doing very well when it comes to the Business of the House.
    So, please, when Ministers are asked to appear, they should attend to the House and answer Questions, so that the whole country would see that we are very serious with the work we are doing, especially with your effort.
    Thank you.
    Alhaji Muntaka 11:20 a.m.
    Mr Speaker, whereas I take the concern of my Colleague opposite very serious, unfortunately, he cannot blame us. This is because what we do is that, as and when the letters are written we show them to the individual Ministers. When the Business Statement is read, we make a follow-up to tell them it is for a particular day. Even in the morning, we make efforts to make calls. So, when they do not appear, I would rather prefer we put the blame where it is supposed to be put, because we are limited.
    Mine is to remind them, and notify them that they have -- The Attorney-General is here; she would tell you. This morning, I was with her when she told me she was already on her way. She is a living witness. Hon Nii Lartey Vanderpuye would testify that we make calls. So, we make all the necessary calls to remind them.
    Mr Speaker 11:20 a.m.
    Hon Members, I know how you feel and I know I can get your sentiments on this matter, but I would like to plead with you, so that we take this matter up and make sure that it does not recur.
    Hon Deputy Majority Leader, try and get in touch with the respective Ministries and Ministers, so that we do not have this type of experience on the floor of the House again. As much as possible, let us avoid it. We have Ministers and we have Deputy Ministers to assist the Ministers.
    The Hon Deputy Minister for Local Government and Rural Development was in the House to respond to Questions on behalf of his Minister, and I believe -- Let us try and see how we can manage some of these things.
    Hon Members, that brings us to the end of Question time. Let us make progress. I know your sentiments on this matter, but let us -- It has been said; the point has been made. So, let us make progress. We hope that this incident would not happen again, which would force any order from the Chair or from any other Member in the House.
    Hon Members, I have admitted one Statement this morning, standing in the name of Hon Fritz Baffour, Chairman, Committee on Defence and the Interior.
    Hon Member, you have the floor.
    STATEMENTS 11:20 a.m.

    Mr Fritz Frederic Baffour A(NDC -- Ablekuma South)) 11:20 a.m.
    Mr Speaker, thank you for granting me the opportunity to make a Statement on the preparedness of the security agencies manning Ghana's border posts to prevent the entry and spread of the Ebola epidemic in our country.
    Mr Speaker, the recent outbreak of the deadly Ebola disease has affected over ten thousand lives with a resultant death toll of about four thousand, five hundred in ten countries worldwide. The majority of these tragic statistics and fatalities come from three countries in the West African sub-region, namely, Guinea, Liberia and Sierra Leone.
    This has created an atmosphere of fear, panic and concern internationally and many countries near and far from the affected areas, are instituting measures to prevent the entry and spread of the disease at their respective borders.
    Ghana is no exception, with its main border crossings and entry points being the main focus of its action plan to stop Ebola from entering the country.
    Pursuant to Order 158 of the Standing Orders of the Parliament of Ghana, and with your kind permission, the Committee on Defence and Interior visited selected border posts in the country to ensure that these key points of entry were well equipped to prevent the disease from infiltrating into our homeland. Among the border posts visited were Hamile in the Upper West Region, Elubo in the Western Region, Paga, Missiga, Mogonori and Bawku in the Upper East Region and Aflao in the Volta Region.
    Mr Speaker, Members of your Committee not only inspected the various locations and facilities but also interacted with officials, including security personnel, namely, the Ghana Army Detachment, the Ghana Police Service, Ghana Immigration Service, Ghana Revenue Authority (Customs Division), Ghana Prisons Service, Ghana National Fire Service, National Security, and the Port Health personnel, who gave briefings on preparations with regard to Ebola prevention and other current security issues within their respective areas of operation.
    At all the sites visited, it was obvious that the level of preparedness and availability of the requisite logistics put the frontline security personnel at serious risk should any infected person arrive at the border.
    Port health personnel at all the border posts lacked vital items such as, personal protective gear (PPG), ultra-violet non- contact thermometers and disinfectants. Transportation such as ambulances to
    carry suspected carriers to verification and treatment centres were absent. In the few places where isolation and holding wards were available, these were ramshackle and rundown with little or no basic amenities, such as running water, mosquito nets and beds.
    Mr Speaker, it was not all doom and gloom, because despite the lack of logistic support, all the personnel we encountered were knowledgeable and very much aware of the correct procedures with regard to Ebola and its repercussions.
    From our observations, the Committee recommends the following:
    That the Ambulance Service should make available at all our official border posts, at least, one ambulance, with trained personnel to transport suspected infected disease carriers to the designated facilities.
    That the frontline personnel must all be supplied with personal protective gear (PPG) and screening equipment.
    That isolation and holding facilities for suspected carriers be ade- quately provided with the necessary amenities to make inmates comfortable and also protect the public from possible contamination and infection.
    That communication equipment at all border posts be enhanced, so that early warning messages and vital information can be transmitted to key respondents and correspon- dents promptly.
    That the manning levels at all border posts should be increased with the right equipment and weaponry to effectively patrol our very porous borders.
    Mr Seth Kwame Acheampong (NPP -- Mpraeso) 11:30 a.m.
    Thank you, Mr Speaker, for the opportunity to contribute to the Statement ably made by the Hon Member for Ablekuma South.
    Mr Speaker, just as the last Hon Member who spoke said before resuming his seat, I happen to be a member of the Committee and on our rounds, we noted a few things. One, which is very germane and dear to my heart, is about funding to procure what they call the personal protective Gear (PPG). Surprisingly, all the border posts that we observed, there was not enough for the personnel who were manning them, and in some instances, some of the personnel are even impressed upon to use their own funding to purchase hand gloves.
    Mr Speaker, Ebola, as we have all observed recently, per international statistics, the death toll is over 5,000 and the incubation period, as the medics have advised us, is within 21 days. So, you cannot predict who is prone and who is so close to having Ebola.
    With us as a country and with us taking it upon ourselves to host the distribution
    Mr Emmanuel K. Bandua (NDC -- Biakoye) 11:30 a.m.
    Mr Speaker, thank you for the opportunity to add a few words to this Statement.
    My main concern is the unofficial entry points into the country. It looks like those areas have been ignored. I would urge that the security personnel are strengthened and enabled to attend to these unofficial entry points. I believe if this is done, it would go a long way to check people entering into the country at will without properly being checked.
    Secondly, I noticed that there would be the need to provide medical facilities or hospitals or clinics in various countries that border our neighbouring countries, so that if anybody should enter through any of these unauthorised routes -- and unfortunately, the person happens to be a carrier of this Ebola disease, then the hospital can immediately attend to such a person. If this is done, and there is an emergency, it can immediately be attended to, so that we do not suffer the danger of this menace entering the country.
    Mr Speaker, on these few notes, I thank you.
    Mr Alex K. Agyekum (NPP -- Mpohor) 11:30 a.m.
    Thank you, Mr Speaker, for the opportunity. I would want to thank the maker of the Statement for this indepth analysis. The Statement is not a mere review of literature. I was part of the team and it would interest you to know that before we even went official -- various regions had given a picture that portrayed that we are on top of issues -- only for us to go and see that situations on the ground were different.
    Mr Speaker, I would want to make it a point to all the various Ministries, especially the Health Ministry and all agencies connected with this particular menace, that it is nobody's business to give us the wrong picture if the situation is different.
    We went to a particular place, and for purposes of not putting anybody on the carpet, I would not want to mention names. But we had gone to a particular Health Director in a region, and he gave us a very nice picture, only for us to go and see that the place that he said had been demarcated as an isolated centre, was actually a maternity ward. Whom are we deceiving, Mr Speaker?
    So, we are saying that, first of all, if there is an issue in a country pertaining, especially to health and security, there is the need for us to give accurate information and not to do any propaganda.
    Secondly, what we are calling for -- and as portrayed by the maker of the Statement, some of the recommendations are not just going to procure some logistics. It is just about administrative re-alignment. If you go through our border posts now, you would see that first of all, you have the Ghana Immigration Officers at the entry points being the first point of contact before the health
    -- 11:30 a.m.

    Mr Speaker 11:40 a.m.
    Hon Member, that point has been well canvassed on the floor of the House.
    Mr Agyekum 11:40 a.m.
    Yes, Mr Speaker. But we are saying that as the Hon Member who made the Statement said, there is the
    Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 11:40 a.m.
    Mr Speaker, I rise to associate myself with the Statement ably made by the Chairperson of the Defence and Interior Committee, and to say that I support most of the issues that were raised; except to say there are some suggestions or recommendations which they mentioned, which we need to be careful in trying to implement some of them.
    For example, to recommend that an ambulance should be placed at almost all the border posts -- Ghana is not that rich a country; we need to be careful.
    What we need to do is to prepare the districts that have those borders to be ready, so that when there are issues of Ebola at the entry points, they could go and pick them into the quarantine centres. But to say we should place ambulances at all the entry points, what it means is that health delivery within is likely to suffer. This is because we do not have too many of them.
    I would want to urge that the Ministry of Health should rather be looking at strengthening the various districts that have these entry points, so that they would be in readiness and whenever there are issues, they would be able to go and attend to them.
    But Mr Speaker, I have a little different view about what is happening and the way our response to this Ebola, especially in Africa, is. Which is, we are not solving it the African way. We are all trying to close our borders to it. We are all making it tight and that is why the thing has exacerbated and has gone out of hand to this level.
    Mr Speaker, when the Ebola issue started sometime last year, if the African Continent had embraced it as an African problem -- What do we do in Africa? We are each other's keeper and this is also an opportunity. Mr Speaker, if you look at what transformed this world, it is the First World War. After the First World War, so many people died but it gave the whole world the opportunity to industrialise because after every challenge, there would be an opportunity.
    What is the opportunity that I see here? Almost every country in Africa has a research centre.
    We need to be proactive, so that we would be able to open our borders, pay attention to our health system, and take the opportunity to develop our health system. If we close all our borders and are not preparing ourselves to deal with it -- As all our other Hon Colleagues have mentioned, we have porous borders, and if someone is able to infiltrate these porous borders and enters, how do we manage the situation?
    That is why I am of the view that, for example, even though Ghana has not recorded any case, we have the headache of closing down all conferences that were supposed to happen in Ghana for three months. In Nigeria, where they had the crisis, when their President had the opportunity at the United Nations (UN) General Assembly, he was hammering: “There is no more Ebola in Nigeria, you can come”.
    In the United States of America (USA), they had Ebola cases; they are saying that it does not really matter. What matters is that let us identify who has it, let us be able to do what they call contact tracing, let us quarantine, let us treat, let us isolate. You use it to develop your health system;
    you do not just shy away from the problem.
    When you are a mother and you have so many children and one of them has a communicable disease, do you lock that child in one particular room, so that all of you stay away from that child? That is why Africa needs to be united; we need to come together, work as one continent, seeing one another as each other's keeper. I am because you are, and you are because I am. If we see one another that way, we would be able to deal with it the African way.
    We do not have to wait until others fly from outside our continent to come and help us to deal with the matter when we have research centres like Noguchi and the likes.
    So, I would want to urge African leaders -- I can see that in the last few months, they are making conscious efforts -- they even met in Accra last week; they should do more and let us open our borders. Let us stop this closing of the borders, in order not to worsen the situation. We should rather open them, strengthen our health system, do the education well, so that even if we identify one, we would be able to notice it and draw the attention of the system to it. As our Hon Colleague said, even there is no protective clothing.
    I am aware that the Minister for Health is likely to come sometime this week to brief us on the status of what the Ministry of Health is doing to manage this disease. When they come I believe, all these things may come out. But Africa should handle this crisis in an African way. If we do not and the situation in Liberia, Guinea and Sierra Leone gets out of hand --
    Mr Speaker 11:40 a.m.
    What is the African way?
    Alhaji Muntaka 11:40 a.m.
    Mr Speaker, the African way is for all of us to open our borders but to be more concerned and see the problem as everybody's problem.
    Mr Speaker 11:40 a.m.
    I will take the last comment from the Hon Member for Nsawam-Adoagyiri
    Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 11:40 a.m.
    Thank you, Mr Speaker, for your indulgence. I will make just a brief comment.
    Mr Speaker, I would want to congratulate the team from Parliament which visited these sites, for the risk they took and the good work they have undertaken. As I listen to them speak, I hear very good remarks from these Hon Members.
    Now, this matter has been handled the African way. We have handled it the African way and the African way, Mr Speaker, is not to ensure an unfettered opening of our borders. Probably, the manner in which Ghana has handled this problem is what has ensured that as we speak, Ghana has not recorded any case of Ebola. So, we need to pat ourselves at the back, congratulate ourselves but rather say that whatever we are doing, we need to ensure that we strengthen and foment it.
    Mr Speaker, we know of the existence of the Noguchi Research Centre. This is a center which is located in the southern part of our country. Now, when there are suspected cases of Ebola samples would have to be flown from the northern part to the southern part of our country, just for a test to be run.
    This can be improved upon and I would want to make a passionate appeal to the Ministry of Health, especially His Excellency the President, for the bold step he is taking in leading this struggle and fight against Ebola, to ensure that we have at least, one more Noguchi Centre in the northern part of Ghana, which would take care of that part of the country. It is critical and it is very important.
    Again, funding -- all of us are calling for funding and I rightly agree with the Hon Members who spoke earlier that funding is important. But a relevant question to pose is that, as we hear a number of organisations making frantic efforts to make donations to this country, are there measures in place to ensure that
    the little funds that we have at our disposal, we put them to good use and ensure that there is accountability of the little funds that the country has received? This is because we do not want to run that risk of moneys being abused, which is meant for the control and fight of Ebola.
    Again, on our national television, GTV, to be specific Mr Speaker, I have not seen any programme being done where the nation is educated consistently and repeatedly on how to deal with cases of Ebola. We need to use our national television to educate the citizens of this country on how we can fight the menace of the Ebola.
    If we are able to do this and ensure that there is no unfettered opening of our borders, the proverbial hospitality of the Ghanaian would not be taken advantage of.
    Mr Speaker, with these words, I thank you for the opportunity.
    Mr Speaker 11:50 a.m.
    Hon Members, that brings us to the end of Statements. I believe this is a very important Statement, I would therefore direct the Clerks-at-the- Table to forward the Statement, together with the comments thereon, to the Ministers for Health and Interior, for the necessary action. I so direct.
    Mr Boamah 11:50 a.m.
    Mr Speaker, with your indulgence, if you could please, add the Ministry of Foreign Affairs and Regional Integration.
    Mr Speaker 11:50 a.m.
    Are they directly involved?
    Mr Speaker 11:50 a.m.
    Very well. I so direct.
    At the Commencement of Public Business.
    Hon Deputy Majority Leader?
    Mr Speaker 11:50 a.m.
    You mean all the Papers listed under the name of the Hon Majority Leader?
    Mr Agbesi 11:50 a.m.
    Yes, Mr Speaker.
    Mr Speaker 11:50 a.m.
    Very well.
    PAPERS 11:50 a.m.

    Mr Speaker 11:50 a.m.
    Item numbered 6 (a)(ii)
    By the Deputy Majority Leader and (Mr A. K. Agbesi)(on behalf of the Majority Leader):
    Annual Report of the Postal and Courier Services Regulatory Commission for the year 2011.
    Referred to the Committee on Communications.
    Mr Speaker 11:50 a.m.
    Item numbered 6 (a) (iii)
    By the Deputy Majority Leader (Mr A. K. Agbesi) on behalf of the Majority Leader
    -- 11:50 a.m.

    Mr Speaker 11:50 a.m.
    Hon Deputy Majority Leader?
    Mr Agbesi 11:50 a.m.
    Mr Speaker, on item number 7 (a), (b) and (c), we would want to seek your permission for the Attorney-General and Minister for Justice to present the Bills of the Minister for Lands and Natural Resources and the Minister for Water Resources, Works and Housing.
    Mr Speaker 11:50 a.m.
    Hon Members, presentation and First Reading of Bills.
    We would start with item number 7 (a) -- Mineral and Mining (Amendment) Bill,
    2014.
    Hon Attorney-General and Minister for Justice?
    BILLS -- FIRST READING 11:50 a.m.

    Mr Speaker 11:50 a.m.
    Hon Members, who worked on the substantive Bill -- Hon Chairman of the Finance Committee?
    Mr James K. Avedzi 11:50 a.m.
    Mr Speaker, at the time the Bill was passed, it was the Committee on Poverty Reduction Strategy. But since then the Finance Committee has been handling all the works that relate to the Millennium Development Authority (MiDA) because they fall under the Office of the President.
    Mr Speaker 11:50 a.m.
    Hon Majority Chief Whip?
    Alhaji Muntaka 11:50 a.m.
    Mr Speaker, the issue that came that had to go to the Finance Committee had to do with financial issues. That is why it was referred to the Finance Committee. But the issues of MiDA had always been handled by the Committee on Poverty Reduction Strategy. If we would want to get all the angles, we may rather make it joint for the two of them. But it is the Committee on Poverty Reduction Strategy that has always been dealing with the issues of MiDA.
    Mr Speaker 11:50 a.m.
    So, I should refer it to the Poverty Reduction Committee or the Finance Committee?
    Alhaji Muntaka 11:50 a.m.
    Mr Speaker, I have just been reminded of one issue. The Poverty Reduction Committee is a special committee created by this House. It is an ad-hoc committee, and our Standing Orders did not adequately make provision for it. But since this one is a legal document that needs to be done, I would prefer that it is sent for the joint committee, so that the Committee Finance would be there and the Committee on Poverty Reduction Strategy would also be there, and they would jointly deal with it.
    Mr Speaker noon
    Hon Members, let us face it. What has the Committee on Poverty Reduction Strategy got to do with this Amendment Bill? I want somebody to convince me.
    I will rather have preferred -- because of the Ministry piloting this Bill in the House -- it is an Amendment Bill. So, essentially, it is going to be a legal issue. I would have preferred the Constitutional, Legal and Parliamentary Affairs Committee to handle this Bill.
    Yes, Chairman of the Finance Committee, let me hear from you.
    Mr Avedzi noon
    Mr Speaker, this is a financial support by the --
    Mr Speaker noon
    No! It is not a financial support. It is an Amendment Bill.
    Hon Chairman of the Committee, it is an Amendment Bill.
    Mr Avedzi noon
    It is an Amendment Bill; it is being amended because of the Compact Two that is coming to us, which is a financial support --
    Mr Speaker noon
    And that even complicates the matter because I know Compact Two is -- I know as a matter of fact, from where I sit and from what I hear on the floor of the House - it is for the energy sector. So, even if you make the Compact Two argument, then it should go to the Energy Committee.
    rose
    Mr Speaker noon
    Hon Minister for Youth and Sport?
    Mr Mahama Ayariga noon
    Mr Speaker, the amendment to the Bill is not about the content of the project; the amendment to
    the Bill is about a governance arrangement. So, as a governance arrangement, the Constitutional, Legal and Parliamentary Affairs Committee will be in a better position to --
    Mr Speaker noon
    Hon Members, the Bill is referred to the Constitutional, Legal and Parliamentary Affairs Select Committee for consideration and report.
    rose
    Mr Speaker noon
    Yes?
    Alhaji Muntaka noon
    Mr Speaker, I believe that if we look at some of the issues that have been raised, it is important, even though the Standing Orders is going through amendment.
    Mr Speaker noon
    Well. That is another matter at least, for now.
    Hon Members, item number 7 (c) -- Minister for Water Resource, Works and Housing.
    Hon Deputy Majority Leader, you have to make an application because what you have advertised here is for the Minister for Water Resources, Works and Housing. You did that for the first one, so, you have to do it for this particular one. You did not do it.
    Mr Agbesi noon
    Mr Speaker, I would want to seek your permission for the Attorney- General and Minister for Justice to present the Bill.
    Mr Boamah noon
    Mr Speaker, she can go ahead.
    Mr Speaker noon
    Very well. Item number 7
    (C)
    Real Estate Authority Bill, 2014
    An Act to establish a Real Estate Authority to regulate Real Estate Agency practice, commercial transactions in real estate including the sale, purchase, rental and leasing of real estate and related fixed assets and to provide for connected purposes.
    Presented by the Attorney-General and Minister for Justice (on behalf of the Minister for Water Resource, Works and Housing.)
    Read the First time; referred to the Committee on Works and Housing for consideration and report.
    Mr Speaker noon
    Hon Deputy Majority Leader?
    Mr A. Agbesi noon
    Mr Speaker, Item number 8; the Second Reading of the Intestate Succession Bill, the Attorney-General and Minister for Justice is ready to take that item.
    Mr Speaker noon
    Are you ready to take it?
    Hon Deputy Majority Leader, is the Hon Minister ready to take the Second Reading of this Bill?
    Mr Agbesi noon
    Yes.
    Mr Speaker noon
    Very well. If you are ready.
    Mr Kwaku Agyeman-Manu noon
    Mr Speaker, I do not think that we can participate very adequately --
    Mr Speaker noon
    Please, we can start the process but we may not end today. I was worried because I was trying to find out who chairs the Constitutional, Legal and Parliamentary Affairs Committee, and the
    Hon Majority Leader informed me that he still chairs it until such a time that they make the necessary changes. I am not seeing him in the Chamber but if there is a member from the Committee who can present the Report in order for us to make progress, I would suggest that we can start the process and then defer it. We may not conclude it today for very good reasons; we can continue and conclude it tomorrow.
    I think that would be a better arrangement for now.
    Mr Agyeman-Manu noon
    Mr Speaker, that will be fine with us.
    Mr Speaker noon
    Very well.
    Mr First Deputy Speaker to take the Chair.
    Hon Members, item number 8 on the Order Paper - Hon Attorney-General and Minister for Justice.
    BILLS -- SECOND READING noon

    Mr Speaker noon
    Hon Attorney-General and Minister for Justice, we need further and better particulars from you. Why do you think we have to read it a Second time?
    Mrs Appiah-Opong noon
    Mr Speaker, the object of the Intestate Succession Bill is to provide for the distribution of the self- acquired assets of a person who dies intestate.
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 12:10 p.m.
    Thank you very much.
    Question proposed.
    Mr George Loh (on behalf of the Chairman of Constitutional, Legal and Parliamentary Affairs): Mr Speaker, I rise to support the Motion and in so doing, present your Committee's Report.
    Introduction
    The Intestate Succession Bill, 2013 was presented to Parliament and read the First time on Monday, 16th December, 2013. In accordance with article 106 (4) and (5) of the Constitution and Order 179 of the Standing Orders of the House, Mr. Speaker referred the Bill to the Committee on Constitutional, Legal and Parliamentary Affairs for consideration and report.
    The Committee, during the considera- tion of the Bill, was assisted by the Deputy Minister for Justice and Attorney-General, Dr. Dominic Akuritinga Ayine. Also in
    Mr First Deputy Speaker 12:10 p.m.


    currently in operation, was enacted. The PNDC Law 111 was among others, aimed at preventing members of the extended family from taking over the assets of the deceased spouse for their own use, to the detriment of the surviving spouse and children.

    The PNDC Law 111 was therefore, hailed as a source of relief, especially for women and children since they, in most cases, become victims of ejection and other forms of persecution, when the breadwinner of the family, usually the husband, died intestate.

    After operating PNDC Law 111 for some time, certain challenges have come up. The welfare of surviving children is gradually becoming the sole task of a surviving spouse on the death intestate of the other partner as extended families are reluctant at taking such responsibilities. Consequently, the importance of the extended family is gradually shifting to the nuclear family as pertains in other parts of the world.

    The growing importance of the nuclear family has brought in its wake, issues of moral justice, one being that, a surviving spouse has to be adequately compensated for the services rendered the deceased spouse and the task of taking care of children.

    Although PNDC Law 111 provides some protection beyond the customary law, it appears to be overtaken by the changes in the Ghanaian family system. This is partly because, surviving spouses are in most cases, solely responsible for taking care of themselves and surviving children.

    Also, the law is silent on the issue of joint acquisition of property and how this should affect the fraction of the estate that the surviving spouse is entitled to.

    The surviving spouse may therefore, lose out on any investment made in the property. Again, even though, dependent parents sometimes have to take care of the surviving children in the event of the demise of both partners, no provision is

    made for dependent parents in the law. Furthermore, PNDC Law 111 makes no provision for children of the deceased who are still in school.

    Another defect in the existing law is that, the provisions on the fractional distribution of the estate of the deceased had been difficult to implement.

    The specific portion of the estate fixed by the current law to devolve to the spouse irrespective of the number of spouses involved, creates a problem.

    The apportionment of the estate in fractions is also a source of insecurity as no specific item of the estate is clearly identified as going to one group or the other.

    Lastly, there is no provision in the law for polygamous marriages where the deceased is survived by a number of spouses. Under the existing law, they are all compelled to share the same fraction that the law stipulates for the surviving spouse.

    The requirement that the matrimonial home be shared between the surviving spouse and children of the deceased, some of whom may not be children of the surviving spouse has often resulted in acrimony.

    The anomalies in the law are such that they could not be treated in an amendment as the issues are numerous and intertwined. There is therefore, the need to enact a completely new law, to address the changing circumstances. Hence, the introduction of the Intestate Succession Bill, 2013.

    Object of the Bill

    The Bill seeks to make the intestate succession regime more responsive to the needs of the immediate family of persons who die intestate.

    The Bill also seeks to provide a uniform intestate succession that will be applied throughout the country irrespective of the inheritance system of the intestate and the type of marriage contracted.

    Observations

    The Committee noted the responsi- bilities to be shouldered by spouses and children of the deceased and therefore the need for them to have greater shares especially, where the deceased is survived by no parent. While the Bill in clause 5 gives 10 per cent of the estate in accordance with customary law, the Committee is of the opinion that 5 per cent be distributed according to customary law, while the remaining 5 per cent is added to the share of the spouse since the spouse will shoulder the greatest burden.

    The Committee also observed that, the Bill makes provision for the property rights of spouses of thedeceased especially, where the surviving spouse contributed to the acquisition of the property.

    This implies that spouses who contribute towards the acquisition of property with deceased spouse will be given their contribution of that property before the remainder would be distributed in accordance with customary law. The surviving spouse will not be dis- advantaged in the distribution of that property.

    The Committee again noted with satisfaction the provision in clause 12 of the Bill, which makes it obligatory for the needs of school-going and other dependant children of the deceased to be met before the distribution of the estate of the intestate.

    This will afford all those who depend on the estate for the payment of educational fees and other necessities of life, the opportunity to continue with their education or training. Any person who does not comply with this provision is subject to a fine or to a term of imprisonment or to both.

    The Committee further observed that the practice where surviving spouse or children are ejected from the matrimonial home immediately after the death of the spouse is callous and brings untold hardship to the surviving spouse or children.

    To deter offenders, the Committee is of the view that the punishment of 500 penalty units provided for in the Bill is not deterrent enough to scare perpetrators of such offence. The Committee therefore, proposes penalty units of 1000 with its corresponding prison term be adopted to make the offense punitive enough to ward off potential offenders.

    The Committee is also satisfied with the introduction of other offences in the Bill which were not provided for in the PNDC Law 111.

    Clause 27 of the Bill provides for offences such as locking up of property belonging to the deceased and taking possession of household property in the matrimonial home when the estate of the deceased has not been shared.

    Finally, the Committee observed that no clear definition of “estate” has been given in the Bill. The Committee's view is that, the nature of the self-acquired property of the deceased must be clearly stated. The Committee has therefore, proposed an amendment under clause 29 to give a better definition for “estate”.

    Conclusion

    The PNDC Law 111 has been in operation for about twenty-eight years. It was an innovation which sought to prevent members of the extended family from taking over the assets of the deceased for their own use, to the detriment of surviving spouse and children. However, changing circum- stances have made most of the provisions redundant. Hence the need to replace the law.

    The Committee is aware that this Bill was introduced into the 5th Parliament of the Fourth Republic but could not be passed before the end of the Term of the Parliament. The Committee is optimistic that this time around the Bill will be passed.

    The Committee therefore, recommends to the House to adopt its Report and pass the Bill subject to the attached amendments.

    Respectfully submitted.