Debates of 11 Feb 2015

MR SPEAKER
PRAYERS 10:40 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:40 a.m.
Mr Speaker 10:40 a.m.
Hon Members, Correction of Votes and Proceedings of Tuesday, 10th February, 2015.
  • [No correction was made to the Official Report of Thursday, 5th February, 2015.]
    • Mr Speaker 10:40 a.m.
    Statements?
    Is the Hon Member for Ablekuma North here?
    Mr Ignatius Baffour Awuah 10:40 a.m.
    Mr Speaker, he just stepped out to get a copy of the Statement; he will be in within a few minutes.
    But Mr Speaker, Hon Isaac Asiamah is here, so, if he could take his first.
    Mr Speaker 10:40 a.m.
    Where is the Hon Member for Ablekuma North?
    Mr Awuah 10:40 a.m.
    Mr Speaker, he just stepped out to get a copy of his Statement. According to him, you --
    Mr Awuah 10:40 a.m.
    Mr Speaker, my Hon Deputy Leader is giving him the directives that you gave.
    Mr Speaker, Hon Joe Appiah has just returned, so, if we could take his Statement.
    Mr Speaker 10:40 a.m.
    Very well.
    Hon Member for Ablekuma North, your Statement?
    STATEMENTS 10:40 a.m.
    Mr Justice Joe Appiah (NPP -- Ablekuma North) 10:40 a.m.
    Mr Speaker, thank you for the opportunity to make this Statement on a horrible and sad fire outbreak in Darkuman Kokompe spare parts, an enclave of Ablekuma North Constituency.
    Mr Speaker, residents, motorists and pedestrians were going about their daily chores, assignments and business when at 7.30 p.m. on Saturday, January 17, an unexpected burst of fire rushed through one of the wooden spare parts structures in a vast area.
    In my estimation, the affected area measures about 110m x 100m, that is about two and a half acres or one hectare. The inferno was so fierce and intense that it razed down sixty (60) structures, and damage caused to property runs into millions of Ghana cedis.
    It is recorded rather painfully, that a 48 year-old Mr Abraham Morton Bruce (Junior) who attempted to brace the odds to save the life of his aged mother of 86, as well as some property at the scene, lost his life in the process. And more than 200 spare parts dealers lost their investment in the fire outbreak.
    Mr Speaker, I would wish to have it on record the excellent and brave service by the Odorkor District Commander and his team of police personnel, the Ghana National Fire Service who provided more than fifteen (15) fire tenders and other civilian volunteers who lent their whole hearted support in controlling the blaze and preventing its spread to adjacent buildings and capturing more casualties.
    Mr Speaker, Microfinance and Small Loans Centre (MASLOC) was established in 2006 by the Government of Ghana to provide small capital financing of identified projects and programmes. Indeed, under the micro-credit scheme, the main beneficiaries are groups/co- operative societies and artisans, et cetera.
    May I, Mr Speaker, use the opportunity afforded me to pray for the extension of MASLOC loans to the victims to re-start their businesses. I am aware that MASLOC is a self-sustaining body, the remit of which is the effective and efficient disbursement, management and recovery of microfinance and small loans to the poor and the vulnerable in society. The affected artisans have been rendered naked and I hope MASLOC will come to their rescue.
    While we are at this, Mr Speaker, the relevant government agencies must not rest on their oars in educating business enterprises handling metals, oils, grease and petroleum products on safety measures to prevent disasters as a stitch in time saves nine.
    Mr Speaker, I thank you for the opportunity.
    Mr Patrick Yaw Boamah (NPP -- Okaikoi Central) 10:40 a.m.
    Mr Speaker, this fire outbreak brings to life the issue of location of industries or businesses within certain areas. Mr Speaker, you would find out that some of these businesses are set up in areas which are not well regulated or under strict legal regimes.
    Mr Speaker, we have city authorities who are supported by bye-laws and these laws are supposed to regulate the setting up of such companies or businesses, to enable them regulate the businesses and also as it were, find out exactly the problems associated with the siting of such businesses to enable them sanction or put them under strict sanction regime.
    Mr Speaker, there is the issue of preventive measures. What are some of the preventive measures that these city authorities put in place in order to forestall some of these occurrences?
    Lastly, Mr Speaker, this is not the first time that such businesses have experienced such fire outbreaks. Government and various committees have been set up and various recommendations have been made. What has the city authorities and Government done with regard to the recommendations made by such committees which were set up in the past?
    My humble view is that the city authorities need to go back and have a look at some of the recommendations made by the committees which were set up, especially for the Agbogbloshie, Makola and other market areas to enable them fashion out a proper zoning scheme to forestall some of these occurrences.
    Thank you.
    Mr Ignatius B. Awuah (NPP -- Sunyani West) 10:40 a.m.
    Mr Speaker, I would want to congratulate the Hon Member who made the Statement and to add that what happened in his constituency raised the issue of urban fire outbreak to the fore.
    Mr Speaker, there is a clear case of land -use planning. I personally think that as human settlements, certainly, some of these problems may crop up but what happens if they do crop up? Getting access to the place sometimes becomes so difficult. And in this particular case, I was told that personnel from the Ghana National Fire Service (GNFS) had it very difficult accessing the place to quench the fire. So, I would want to use this opportunity to plead with our city planners to ensure that they make adequate provision for land-use planning in the schemes that they develop for our cities.
    Also, one other issue which also comes to the fore is the provision of fire hydrants in communities, especially in a commercial area like what happened in the Hon Member's constituency. It is unfortunate that in most of such areas, there are no provisions for fire hydrants. So, should the personnel of the even run out of water, accessing a place where they can even have water also becomes a problem. So, in our land-use planning, these are some provisions that we should make in the future, so that at least, we will be able to avoid such occurrences from happening within our cities.
    Mr Speaker, on this note, I would want to recommend that our city planners make provision for fire hydrants in almost every community or in almost every scheme that they plan and also enforce the issue of access to commercial centres like we have in Ablekuma North.
    Thank you.
    Mr Speaker 10:50 a.m.
    Hon Members, the next Statement stands in the name of Hon Isaac Kwame Asiamah.
    Hon Member, you have the floor.
    Congratulatory Message -- Ghana's Participation in the AFCON
    2015 in Equatorial Guinea
    Mr Isaac K. Asiamah (NPP -- Atwima- Mponua) 10:50 a.m.
    Thank you, Mr Speaker, for this opportunity to congratulate our senior national team, the Black Stars.
    Mr Speaker, once again, another edition of the African Cup of Nations has ended and I wish to use this golden opportunity to congratulate the senior national team, for their sterling performance in Equatorial Guinea. They have made all of us proud.
    Mr Speaker, after Ghana's disappoin- ting World Cup exit, coupled with the embarrassment and the ridicule the country was subjected to by the international media in Brazil 2014 and the revelations from the Presidential Commission of Enquiry hearings, many Ghanaians lost hope in the senior national team. Indeed, many gave up on the Stars.
    For the first time in the history of Ghana's participation in AFCON, the national spirit, the enthusiasm and the support enjoyed by the Black Stars were all missing before their departure to Equatorial Guinea. Many Ghanaians and soccer connoisseurs did not believe the Black Stars could even travel beyond the group stage yet they came so close to lifting the Cup.
    All hope was lost when they lost their first game to Senegal. But the best was yet to come when they beat Algeria and South Africa to top their group of death, Group C.
    Mr Speaker, it is interesting to note that Ghana won many awards -- Goal King went to Andre Dede Ayew, Goal of the Tournament and Man of the Tournament went to Christian Atsu, Fair Play went to Kwesi Appiah, but we missed the trophy narrowly the second time to Ivory Coast, under similar circumstances.
    Mr Speaker, this 2015 AFCON Tournament held in Equatorial Guinea marked the 30 th edition. Ghana has, indeed, made a total of 20 appearances and has managed to win the Cup four times, the last being 1982 -- 33 years ago.
    It is important to note that beyond the group stage, the Stars did not concede a goal, and had it not been hard luck in the shoot-out, the Cup would have been in Accra as we speak.
    Mr Speaker, let us commend the Black Stars, for they made us proud despite their inability to clinch the ultimate.
    Mr Speaker, after 33 years of “drought and starvation” Ghana, by our standing in African football, deserves another sweet victory.
    Mr Speaker, the good news is that this team is young, potent and solid and can go far in international competitions.
    Mr Speaker, the rousing welcome accorded the Stars demonstrates the fact that Ghanaians are highly appreciative of the team and are still optimistic of the chances of the team in future competi- tions. I personally believe that 2017 will be ours.
    Mr Speaker, once again, concerns have been raised by Ghanaians about the cost of our preparation and participation in Equatorial Guinea.
    For us in Parliament, Mr Speaker, the Minister promised us on the 18 th of December, 2014 that he would make the budget known to us.
    Mr Speaker, we want to put on record that we are still waiting for that promise of the budget of the AFCON participation and he should make that information available to this House, so that Ghanaians would benefit.
    Mr Speaker, in conclusion, I urge the Ghana Football Association to generate the necessary interest in our local League, to attract the right investment, make it robust and competitive. It is so sad that we went to the AFCON tournament with only one local player; that indeed, is not the best for this country --
    Mr Speaker 10:50 a.m.
    Hon Member, I have been tolerating you. Limit yourself to your Statement, please. Your Statement that you submitted to me -- [Laughter]
    Mr I. K. Asiamah 10:50 a.m.
    Additionally, we must assist local soccer academies, so that they can stand on their feet. That way, we will build strong youth teams once again.
    I also take the opportunity to commend the management and the technical handlers of the team, all soccer fans and indeed, the media.
    Thank you.
    Mr Samson Abu (NDC -- Lawra) 10:50 a.m.
    Mr Speaker, I rise to support the Statement ably made by my Hon Colleague on the success of our team, the Black Stars.
    Let me add my voice by congratulating them and say that Black Stars, as we all know, is a team that brings all Ghanaians together. However, for some time now, it is clear most Ghanaians are disappointed in their performance, especially at the last World Cup in Brazil.

    In the 2015 African Cup of Nations (AFCON) tournament that just ended, most Ghanaians did not give the Black Stars a dog's chance that they would be able to excel even up to the semi-final stage. However, they have proved everybody wrong.

    Mr Speaker, I would say the performance of the Black Stars was as a result of their commitment, patriotism and self-discipline. [Hear! Hear!] They knew there was something at stake; they needed to win back the confidence of Ghanaians. So, this time round, they did not see what they would be taking home in terms of money as a priority, but what they thought was right for them to do was to show and display the skills and the expertise that they have in football as professionals.

    Mr Speaker, the Black Stars, I would say, or from what we have seen, is a dynamic team. It is a team that has some transformational urge and that if the opportunity is given them, we are sure, they will go places.

    I would want to urge the technical team that this crop of players that we have or the crop of players that we sent to Equatorial Guinea should be maintained and all the encouragement given to them. I am sure if we maintain this team, the next AFCON tournament in 2017, we would bring back the Cup to Ghana.
    Mr Speaker 10:50 a.m.
    Gender -- [Interruption.]
    Ms Freda Akosua O. Prempeh (NPP -- Tano North) 10:50 a.m.
    Thank you, Mr Speaker.
    I also rise to associate myself with the Statement ably made by the Hon Ranking Member, Mr I. K. Asiamah.
    I would also like to congratulate the Black Stars for their outstanding performance. It is true that a lot of Ghanaians did not really have hope in them but personally, I had a strong intuition that they were going to lift high the flag of Ghana.
    Mr Speaker, I would like to commend the coach, especially the assistant coach, Maxwell Konadu, who qualified the team for the African Cup of Nations and also to commend Dede Ayew for winning the “Goal King”; to commend Christian Atsu for winning “Man of the Match” and “Goal of the Tournament” and young Kwasi Appiah, the new entrant, who has warmly warmed himself into the team for winning the “Fair Play” award.
    Mr Speaker, I cannot leave out the rest of the players. I pour my heart out for all of them. Mubarak Wakaso was a delight to watch; Baba Rahman, Afriyie Acquah and all of them. Even though Afriyie Acquah and Acheampong missed their penalties, they still did their best on the field of play.
    Mr Speaker, Ghana lost to Senegal but Asamoah-Gyan's splendid lone goal pulled the team back together and we managed to win against Algeria, South Africa, Guinea and Equatorial Guinea.
    Mr Speaker, something unfortunate happened after we had scored three goals against Equatorial Guinea. Mr Speaker, I would like to state that the Confederation of African Football (CAF) should put up str ingent measures and stiffer punishments to serve as a deterrent, so that some African countries would not do same when they are hosting such tournaments. I wonder what security measures were also put in place because I saw some of the big stones that were being thrown from the stands and I wondered how they managed to get in
    there with the stones and the broken bottles. I think we need to do a lot of work in that area.
    Mr Speaker, may I personally take this opportunity to appeal to Asamoah-Gyan. He is the captain of the team. As politicians, we go through a lot every day; people insult us, the intimidation, the propaganda and whatnots. But for a captain to be pulled out of the game when we are getting to the close of the match and the coach anticipates that we would go in for penalty shoot-out, I think it is about time that he rescinded his decision. We all have our strengths and that is why he is a striker. There are some people who are mid-fielders and others are defenders; you cannot do all three at the same time.
    So, if that is where your strength lies and you know you are the captain of the team, you pull the team along. It is about time that he took a second look at his decision and got back into the team to play the penalties. Top professionals miss penalties all the time and if he is saying that because of the insults, he is not going to play penalties for Ghana, I think that is not fair enough.
    Mr Speaker 11 a.m.
    Hon Member, wind up and conclude. These are Statements.
    Ms Prempeh 11 a.m.
    Mr Speaker, I am concluding but I would also like to appeal to the coach, that next time. he should work on their set pieces, corner kicks and their penalty shoot-outs.
    Ghanaians would also like to know, as my Hon Ranking Member said, the budget
    and how much money was spent in airlifting supporters, politicians, execu- tives and other people to Equatorial Guinea.
    Mr Speaker, on this note. I would once again, congratulate the Black Stars. It is a loss in pain but I think we have a solid foundation for the future.
    Mr Edward K. Dery (NDC -- Lambussie/Karni) 11 a.m.
    Thank you, Mr Speaker for the opportunity to add my voice to the Statement made by my Hon Colleague.
    While we appreciate the performance of the Black Stars, I think there were some other negative aspects that I would want to give an eyewitness account of. And as a House, I think we need to add our voice to the many people crying for what happened in Equatorial Guinea.
    Mr Speaker, what most Ghanaians watched on television was not even a quarter of the incident that happened, particularly those of us who went very late. The last bus got there after the first half. So, when we were about alighting from the bus, we had an indication that the people were attacking us. When we alighted from the bus, we had to virtually run to avoid the attack and we were not even given the opportunity to enter the stadium. The police had to put us in a cage by dragging us and they were not interested in our safety.
    rose
    Mr Speaker 11 a.m.
    Hon Member, are you up on a point of order?
    Dr Matthew O. Prempeh 11 a.m.
    Mr Speaker, Statements are not to provoke debate. From where my Hon Colleague who happened to have found himself on the chartered flight of Hon Ayariga is speaking from, he did not come with any cuts to describe caging. We are congratulating the Black Stars.
    Bring a different Statement and let us confront those issues. Let us together congratulate the Black Stars for what they have done.
    Mr Speaker 11 a.m.
    Hon Member, let us limit the comments to the Statement made by the Hon Member.
    Mr Dery 11 a.m.
    Mr Speaker, from the beginning, I made it very clear that while the entire nation is congratulating the Black Stars, there were some negative tendencies and those are the things I am pointing out.
    And besides the Statements, these are eyewitness accounts I just want to point out, and then in the future, we can make amendments to some of these things.
    Mr Speaker 11 a.m.
    Hon Members, I just got a Statement. Let us have some order in the Chamber. [Interruption.]
    I just got a Statement from the Hon Minister responsible for Youth and Sports on Ghana's participation in the 2015 Orange African Cup of Nations Tournament. It poses a difficulty in my view. This is because if I had been informed earlier, it would have been better. However, there was an issue this morning, which I discussed with the Hon Leaders -- The
    Hon Deputy Majority Leader and Hon Deputy Majority Whips on one side and the Hon Deputy Minority Leader and the Hon Second Deputy Minority Whips on the other side with regard to an issue raised by the Hon Asiamah in his Statement.
    I said that he could not pursue that matter because the Hon Minister is not in the House. The Hon Asiamah and the Leadership agreed with me.
    Fortunately, scanning through the Statement that has just been given to me, he has provided that information and I would, for purposes of the record, relax the rules, especially so, when we are dealing with the same subject matter, for him to say whatever he wants to say. And then we take one or two comments to conclude the Statement made by the Hon Asiamah.
    Hon Minister for Youth and Sports?
    Mr Dominic B. A. Nitiwul 11 a.m.
    Mr Speaker, because you have given him the opportunity to make that Statement, I would have wished that you allowed others to contribute, so that he would round up with the contributions he wants to make. This is because, if he makes the Statement, there are a lot of people, including myself who would want to make contributions to what the Hon Minister for Youth and Sports has said and what Hon Asiamah has also said. This is because if he reads it as a Statement, then we would have to contribute.
    Mr Speaker 11 a.m.
    I am not too worried about whether he comes in now or later. It is not so much my worry because if you look at the Standing Orders, he is coming under Standing Order 70.
    As a Minister, it is in my view or considered opinion that he is coming under Standing Order 70 (2), while the Hon Member is coming under Standing Order 72. And there are different rules which apply. While in the case of the Hon Member, the Statement must be cleared
    with me. Our rules with regard to Ministers are not too clear. But since they are of the same subject matter, I do not know. They could allow the other Hon Members to finish as you suggested, then he could come. After that I will allow any follow- up, if there is.
    Subsequently, based on the Statement made by the Minister, we can find ways within the rules of the House to pursue the subject matter.
    Yes, Hon Asiamah?
    Mr I. K. Asiamah 11:10 a.m.
    Mr Speaker, as we did indicate just now that there has been a gentleman agreement, the two of us have agreed that certain aspects of my text had to change, which I did accordingly. But now, if he is going to make a Statement, then obviously, the full text must be read.
    Mr Speaker 11:10 a.m.
    Hon Member, but you made the point with regard to the cost of the tournament. I allowed the Statement to be made on the 18th of December, 2014 on the floor of this House; you said that the Minister promised that he would give us the cost and you also went on to say - - I allowed that part to go -- that he has not provided it.
    So, if he has come now to provide it, it is only fair that we should let him provide it. I will relax the rules; if you can say something depending on how it goes, then we can look at it. In fact, that is the main reason I thought that he should come in first. That is the only reason I want him to come in first. But I also do not allow this matter to provoke debate. I am not going to allow it; the rules are very clear.
    Mr Speaker 11:10 a.m.


    Yes?
    Mr Nitiwul 11:10 a.m.
    Mr Speaker, I agree with you. Let the Hon Minister make the Statement and as you said, debate would be controlled, so that it does not --
    Mr Speaker 11:10 a.m.
    Yes, that is the only reason I thought that I should give him the chance now.
    Mr Nitiwul 11:10 a.m.
    But as you said, the Hon Ranking Member and any other Hon Member will raise those issues.
    Mr Speaker 11:10 a.m.
    Yes, Hon Second Deputy Majority Whip?
    Mr Ahmed Ibrahim 11:10 a.m.
    Mr Speaker, the Hon Member has just said it, even though there was an agreement but the Hon Member, in the Statement, said that the Minister said he --
    Mr Speaker 11:10 a.m.
    Yes, that is what I asked him to speak to. In fact, that is what I authorised --
    He complied with the understanding we reached in my Lobby this morning. So, Hon Members, I will now call the Hon Minister for Youth and Sports to make his Statement.

    Please! Please! The Speaker is speaking.

    The reason I allowed you is because we are on the same subject matter, so that we will know how to programme the House.
    Mr Mahama Ayariga 11:10 a.m.
    Mr Speaker, yesterday, I came to your office in the afternoon to mention this Statement to you and to ask for your permission. Your
    staff informed me that you had gone out for a meeting and they were not sure you would come back. So, this morning, we were still trying to finalise the Statement when I heard that there was already a Statement on it. That was why I rushed from the office with the Statement.
    Thank you very much, Mr Speaker, for the opportunity.
    Mr Speaker 11:10 a.m.
    Very well. You have the floor.
    Ghana's Participation in the 2015 AFCON Tournament in Equatorial
    Guinea
    Minister for Youth and Sports (Mr Mahama Ayariga) (MP) 11:10 a.m.
    Mr Speaker, the road to Ghana's participation in the 2015 Orange African Cup of Nations (AFCON) Tournament in Equatorial Guinea commenced immediately after the 2014 FIFA World Cup Tournament in Brazil, with Ghana placed in Group D of the qualifiers alongside Togo, Guinea and Uganda.
    It is recalled that, in view of the aftermath of Ghana's participation in the FIFA World Cup Tournament, some of these qualifier matches were charac- terised by low patronage, low morale and indeed, poor support from the Ghanaian public.
    However, the team defied the odds and topped its group and thus qualified to participate in the just ended AFCON tournament.
    Mr Speaker, as a measure to strengthen the team, changes were made both in the management and the technical bench of the Black Stars a few weeks to the tournament; with the most significant being the appointment of Mr Avram Grant, an Israeli national, as the head coach of the team.
    Having made these changes, the team, at the instance of the head coach, embarked on a pre-tournament training in Seville, Spain, where the Black Stars played a few friendly matches with some local clubs.
    The team thereafter departed for Mongomo in Equatorial Guinea, the base of Group C, which is described as the “group of death”.
    Mr Speaker, the Black Stars started the tournament at the group stages rather slowly, with a 1-2 defeat by the Teranga Lions of Senegal. This loss further dealt a disastrous blow to the team's support base, and lowered the morale of Ghanaians, most of whom came to the conclusion that the Black Stars would not go any further in the competition.
    But alas! Mr Speaker, this is when the breakthrough came. Against all odds and with the spirit of the team rekindled, the Black Stars came back strong and won their next match 1-0 against the Desert Foxes of Algeria, one of the teams touted by pundits as the tournament's favourites, because of their impressive showing in the Brazil 2014 World Cup Tournament. This was followed by another spectacular 2-1 win against the Bafana Bafana of South Africa. These performances placed the Black Stars on top of their Group thus qualifying them for the quarter-finals of the competition.
    Mr Speaker, this is when people realised how transformed the team was and forced many pundits to revise their notes on the chances of the Black Stars in the tournament.
    Indeed, the Black Stars demonstrated this by scoring six (6) unanswered goals; three (3) each against Guinea and the host nation, Equatorial Guinea at the quarter finals and semi-final stages of the tournament respectively.
    Mr Speaker, you will recall the unpleasant and rather shameful incident that occurred both on and off the pitch as a result of this decisive defeat of the home team in the semi-finals.
    Mr Speaker, the final tournament saw the Black Stars pitched their strength against our cross border neighbours, la Cote d'Ivoire.
    At the finals played on Sunday, 8th February, 2015, the Black Stars put up a brilliant performance during the 120 minutes of regulation and extra time, as the team registered 54 per cent ball possession as against la Cote d'Ivoire's 46 per cent. Unfortunately, the team could not find the net despite several near misses, including gracing the opponent's goal post on a number of occasions.
    Mr Speaker, at the end of it all, the winner was to be determined through a penalty shoot-out, and as if to stage a repeat of the Senegal 1992 finals, the Black Stars lost by nine (9) goals to eight
    (8).
    Mr Speaker, it will take the entire nation a long while to recover from yet another near miss of the AFCON trophy. I wish Ghanaians would take consolation in the fact that the Black Stars did not disgrace the nation at the tournament.
    Let us take consolation in the fact that we now have a rejuvenated team, which is well knit with a bright future. Besides, except for the trophy itself, the Black Stars won all the awards at the tournament. Christian Atsu won the Most Valuable Player (MVP) of the tournament and the best goal award of the tournament.
    Also, Andre Dede Ayew, the deputy captain won the Golden Boot of the tournament while Kwesi Appiah, the new kid on the block won the Fair Play award.
    Finally, Ghana scored more goals than any other team in this year 's tournament.
    Mr Speaker, permit me to pay glowing tribute to the captain of the side, Asamoah Gyan , for h is excel len t leadership qualities which turned the team into one purposeful unit of players who were ready to die for mother Ghana.
    To the entire team, let me say Ayekoo. They fought a good fight, rejuvenated the con- fidence of Ghanaians in the team and showed that Ghana is on the road to having the invincible and dream team that we have always craved for.
    Most significantly, Mr Speaker, permit me to commend the management and technical team of the Black Stars, particularly the head coach, Mr Avram Grant for instilling discipline in the team and imbibing in the players a sense of unity and purpose.
    I will not forget the Government and the people of Ghana for their support and prayers for the Black Stars, which got the team that far in the tournament.
    Mr Speaker, Government approved a total amount of four million, seven hundred and seventy-four thousand, five hundred and nineteen United States dollars, nineteen cents (US$3,774,519.19) and three million, two hundred and forty-two thousand, five hundred and eighty Ghana cedis (GH¢3,242,580.00) for Ghana's preparation and participa- tion in the 2015 AFCON Tournament.
    The major expenditure items are outlined below:
    i. An amount of nine hundred and thir ty-two thousand, seven hundred and for ty United States dollars (US$932,740.00) and three million, two hundred and forty-two thousand, five hundred and eighty Ghana
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    Mr Speaker 11:20 a.m.
    Hon I. K. Asiamah, do you want to say something? Even though you have already spoken, I can relax the rules and give you one minute.
    Mr Speaker 11:20 a.m.
    Yes, Hon Member, so, what I will say is that, you can take that matter up as the Ranking Member of the Committee.
    Mr I. K. Asiamah 11:20 a.m.
    Mr Speaker, we have not heard of the budget for supporters, and even the income that they received. So, we would want income and expenditure --
    Mr Speaker 11:20 a.m.
    Hon I. K. Asiamah, he has provided the information. You can use other tools to take it up, otherwise, you are going to provoke debate, and the rules of the House do not allow that. You can take it up, once the information has been provided. If you have any problem with it, it is within your rules as an Hon Member of the House to take it up at the next level.
    rose
    Mr Speaker 11:20 a.m.
    Yes, do you want to say something?
    Mr Ayariga 11:20 a.m.
    Mr Speaker, I have been very grateful this morning. This is because you have relaxed several rules to permit me to make the Statement.
    Mr Speaker 11:20 a.m.
    Hon Minister, this is why if I had the prior knowledge -- You came to look for me yesterday in the office and you did not see me. If I had prior knowledge this morning, we would have seen how we would have structured the Statement to see how you would make your Statement, and then maybe, he would also come in. This is because he submitted
    his Statement, and it was brought to my attention yesterday in the evening.
    There are rules for the House that would allow for anybody to pursue any matter. The information has been provided now.
    Hon Asiamah, yes?
    Mr I. K. Asiamah 11:20 a.m.
    Mr Speaker, that is why I asked to be allowed to read the entire script. This is because he did not answer some of the issues that I raised. The Committee demanded the budget long ago in December 2014. So, the question is, why now? That was on the floor of Parliament; we needed the budget to scrutinise it before they even went there.
    Mr Speaker 11:20 a.m.
    Hon Asiamah, the information you would want to know is the cost involved, and the Hon Minister has provided it. Now, we are making Statements; we are debating an issue. He has provided the information; if you have any problem with the information, there are other tools available to you, and indeed, other Hon Members of this Honourable House to pursue.
    For now, that is the information the Hon Minister has given to the House, and this is the information that you said he has not provided, even though it was promised on the 18th December, 2014. Let us be very honest; that was very close to our going on recess. When we resumed, the Hon Minister was in Equatorial Guinea. He was not available. This is the opportunity he has had, and he has come to provide the information.
    I think we should rather commend the Hon Minister at this stage, for providing the information. You may agree or disagree; but for him to make some information available, let us say he was quite --
    Hon Deputy Minority Leader?
    Mr Nitiwul 11:20 a.m.
    Mr Speaker, I am not making my contribution, but I would want to say something before he would contribute.
    Mr Speaker 11:20 a.m.
    Very well.
    Mr Nitiwul 11:20 a.m.
    Mr Speaker, we now have two Statements. Our understanding was that, the Hon Minister's Statement was purely a congratulatory message to the Black Stars. That is why there was that gentleman agreement that the cost should not be there.
    Now, he has made a Statement on the preparation and participation of the Black Stars, and I hope that the rules would be relaxed enough for Hon Members to comment extensively, particularly on his Statement. This is what I wanted to say, so that we can move on.
    Mr Speaker 11:20 a.m.
    Hon Deputy Minority Leader, there is no difference in substance from the Statement made by Hon I. K. Asiamah and the Hon Minister. The only point was that he raised it briefly -- It was not in a negative manner. The Hon Minister has made a promise of giving the cost of the whole tournament, which was not made available to them.
    He made it briefly and the Hon Minister has provided that information. The rules still apply; we are not provoking debate.
    Mr Joseph Osei-Owusu (NPP -- Bekwai) 11:20 a.m.
    Mr Speaker, while I join my Brother, Hon I. K. Asiamah in congratulating the Black Stars, I was one of the people who had virtually closed my mind until they started scoring in their second and third matches.
    Mr Joseph Osei-Owusu (NPP -- Bekwai) 11:20 a.m.


    Mr Speaker, having said that, I wish to comment on the Statement made by the Hon Minister for Youth and Sports.

    Mr Speaker, the Hon Minister has provided information, but I regret to observe that, the information he has given falls short of good governance with the practice. Indeed, it would have been proper that before any money was spent, this House would have been briefed.

    It would have been proper that before the team embarked on their training tour and so on, this House should have been properly briefed, and fully made aware of how much money was going to be spent, what were the sources and how many people were going and so on. It would have caused the nation nothing.

    Mr Speaker, lack of openness in governance is what is making all these kinds of suspicions and sometimes properly founded suspicions clouding our governance.

    Mr Speaker, this morning, the Hon Minister was heard on air saying that he is not accountable to anybody than Parliament. Indeed, what he has presented before Parliament is not the whole story. So, what it does to us is that, once we leave here, people would be asking us questions that, why is it that we did not ask for this and that information when we knew the expenditure in that respect?

    Mr Speaker, the situation is such that, the way it has been presented, is impracticable to ask for those information, and we would not be able to provide the answers. Our constituents are looking to us for answers. I think it is time for all of us to observe the ethics in public governance, which is openness in providing information even before it is asked, give information to enable the

    public to understand how their resources are used for whatever purpose.

    Mr Speaker, I think the Hon Minister can do better. Probably, as you have advised, we should use other rules to get him back onto the floor to answer Questions, and to enable us get the information that would help us to serve the public with the appropriate information.

    That notwithstanding, I think the team still ought to be congratulated, and I wish that they would progress from here.
    Mr Speaker 11:30 a.m.
    I will take the two Leaders and then I will call the Hon Minister, if he has something to say, and that will bring us to the end of Statements.
    Hon Deputy Minority Leader, you have the floor.
    Mr Dominic B. A. Nitiwul (NPP -- Bimbilla) 11:30 a.m.
    Mr Speaker, I would have wished that you would consider other Hon Members.
    Mr Speaker 11:30 a.m.
    Hon Deputy Minority Leader?
    Mr Nitiwul 11:30 a.m.
    Mr Speaker, let me take this opportunity to support Hon I. K. Asiamah in congratulating the Black Stars.
    It was a performance that we should all be proud of. They brought the spirit of togetherness at the latter stages of the competition among and within Ghanaians. One could see that there was determination and the will to die; this time, not for money but just for the love of the nation. We did not hear those money issues. The boys just wanted to die for Ghana .
    Mr Speaker, I believe if other people within this nation -- leaders, Members of Parliament, et cetera showed that spirit, some of the little problems that Ghanaians have, would easily be solved. So, let us learn from these boys and see whether as a nation, we could show more patriotism, determination and service to the nation.
    Mr Speaker, the second Statement made by the Hon Minister is essentially what I would dwell a bit on.
    If I listened to the Hon Minister very well -- and I hope that if I make a mistake, he would correct me -- He said that the budget that was approved by the Ministry or by the Government for the Black Stars for the preparation and participation of the Black Stars was of two tranches -- one in United States dollars and the second in Ghana cedis. For the United States dollars, he quoted a figure of US$4,774,519.19. That was what I wrote down --
    Mr Speaker 11:30 a.m.
    19 cents?
    Mr Nitiwul 11:30 a.m.
    Yes, Mr Speaker.
    The second one was GH¢3,242,580.00. Mr Speaker, if you were just to convert US$4.774 million at an exchange rate of GH¢3.20, you are going to get GH¢15,278,460.00. So, when you add the two together, the figure then gets to GH¢18,521,040.00. That was why I said that I just wanted to be sure that that was what was there, so that we can confidently say that the budget that was approved by the Ministry and the Government was GH¢18.5 million.
    Mr Speaker 11:30 a.m.
    Hon Deputy Minority Leader, it is based on your exchange rate of GH¢3.20. So, if you qualify that, I do not have any problem.
    Mr Nitiwul 11:30 a.m.
    Mr Speaker, I am very charitable by using GH¢3.20.
    Mr Speaker 11:30 a.m.
    Yes, continue using
    GH¢3.20.
    Mr Nitiwul 11:30 a.m.
    Mr Speaker, so with GH¢3.20, if you convert the US$4.7 million, one would come to a conclusion that the minimum that the Government budgeted for the Black Stars was GH¢18.5 million. He has come to tell us some expenditure
    -- 11:30 a.m.
    Mr Speaker 11:30 a.m.
    I thought you were also going to convert the cedi into dollars, so that we also have the dollar component?
    Mr Nitiwul 11:30 a.m.
    Mr Speaker, we do not spend dollars in this country. Our exchange rate is the cedi. So, I have to convert dollars to cedis and not the other way round.
    Mr Speaker 11:30 a.m.
    But the event also did not take place in Ghana?
    Mr Nitiwul 11:30 a.m.
    Mr Speaker, yes, but we are talking in the Parliament of Ghana and not Equitorial Guinea. So, we have to talk about our currency. So, the dollar is misleading. It is GH¢18.5 million or more not less. The exchange rate is never GH¢3.20; it is far more. But Mr Speaker, let me limit him to the lowest I could go, which is GH¢3.20.
    Mr Speaker, I say that if this is what the Government committed to the Black Stars, what about the sponsors? We did not hear that from the Hon Minister. How much did Ghana National Petroleum Corporation (GNPC) put in? We have heard of several of these companies. Does it include the US$25,000.00 that the President said -- and I was very surprised the President said, “GNPC said that I should give you this”. He is the Commander-in-Chief of this nation; GNPC is below him and that money is for us. We approved that money for him. GNPC cannot say -- It is not possible.
    Mr Speaker 11:30 a.m.
    Hon Members, you may be raising legitimate questions, but this morning, in my Lobby, I made the point to the Leaders that our boys did so well that in congratulating them, we should not mix them -- Yes, he was not there. So, it is important. Those of us who have passion for football have arrived at the indisputable conclusion that the Black Stars and the technical managers and the coach did very well and ought to be congratulated. There is no doubt at all about that.
    Let us try and draw a line between the congratulatory messages that we are giving to them. All other issues that you are raising, as I made the point, could be taken up at the appropriate time. So, as much as possible, let us try and let the Black Stars know that this House appreciates them and congratulates them.
    Hon Member, you cannot hide behind the Minister's Statement and turn the floor into a house of debate. The only reason I
    allowed you today is because the subject matter is the same. Secondly, if you want to provide information to the House, the rules of the House cannot prevent you from doing so.
    Mr Nitiwul 11:30 a.m.
    Mr Speaker, you are doing a lot of massaging and the Hon Minister is really enjoying it. But Mr Speaker, you are right. Let us not mix time for accountability with congratulating the boys. If the Hon Minister was to just give the Statement he made, GH¢18.5million is very misleading. That is not the point I am trying to make. The point I am trying to make here is that the Hon Minister still has a lot of information to give this House concerning the cost. The GH¢18.5 million is far below the figure and we all know that and he agrees with me.
    So, I would leave that and congratulate the boys and say that for the first time, the boys came home without any controversy. For a long time, there had been no controversies within the team itself -- discipline -- We did not hear anything about them; they comported themselves; the coach did very well; the technical handlers did very well; the GFA President did very well. Everybody, even my friend, Hon Ayariga, did very well. Though there were some complaints -- there were some little complaints that he overstayed.
    Mr Speaker, I could say that all in all, this is the beginning of good things and we should build on them. Let us use our local League to unearth more talents. Who knew that Baba Rahman was going to make the left-back or the left wing back his own? Nobody. But he came from Kotoko or from Tamale to Kotoko, then
    to Germany and today, he has made it his own. I am sure there are a lot of them who can solve the problems that we think we have within the team.
    So, Mr Speaker, let the Ministry use the resources that are there to invest --
    Mr Speaker 11:40 a.m.
    Which player have you mentioned?
    Mr Nitiwul 11:40 a.m.
    Mr Speaker, Baba Rahman.
    Mr Speaker 11:40 a.m.
    In fact, Baba Rahman is my new discovery. [Laughter.]
    Mr Nitiwul 11:40 a.m.
    Mr Speaker, he made a lot of people very happy. He can play at the highest level, and I am sure that a lot of people are happy that, at least, the problem with that side of our defence is solved.
    Mr Speaker, let the Ministry solve the problems that are within Ghana football, not just the football, colts football in general, where the young people would be unearthed.
    Before, if you had a primary school without a football park, it was not a complete set. Today, people use just their own houses and turn them into schools; no playgrounds. The children are weak. They just go to learn and go home. It is not good.
    Mr Speaker, let us be more proactive. We are just blessed that we have talents; but we should begin to nurse the talent from now and see what we can do. Government must invest in colts, academy teams. We should not leave them to the teams. We should invest in them as well. This is because after all, football is a lot
    Mr Nitiwul 11:40 a.m.


    of money. Football is business now. It is a whole network.
    Mr Speaker 11:40 a.m.
    Hon Members, the background noise is getting out of hand. Let us listen to the Hon Member.
    Mr Nitiwul 11:40 a.m.
    £5. 19 billion, far bigger than anything that we can think about.
    So, Mr Speaker, in my view, if we were to multiply that by six, that is the exchange rate, you would see that it is bigger than our budget.
    So, I believe that we should congra- tulate the Black Stars. The Ghanaian public should get behind the Black Stars. I know the World Cup Report would be ready, but we should all get behind this team. We should pray for them; we should encourage and support them, and use that as a basis to support the local teams. This is because when you go to the stadia, they are empty. You cannot develop your team when your own people refuse to go to the football stadia all across the country.
    So, let us use this spirit that these boys have brought into this country to also solve our problems-- the problems that have emanated, to the extent -- I am not provoking debate -- that we went to buy power from Ivory Coast to see them beat us.
    Mr Speaker, like I said, it is a challenge the boys have thrown to our leaders. Let us emulate them, let us put determination and patriotism ahead of us. They have left money behind; let the politicians also leave money behind, and let us move the nation forward.
    Thank you, Mr Speaker.
    Mr Alfred K. Agbesi (NDC -- Ashaiman) 11:40 a.m.
    Mr Speaker, I also add my voice to the Hon Members who have contributed, to congratulate our gallant Black Stars players.
    Mr Speaker, I would say and borrow the statement of the Hon Minister for Youth and Sports, that:
    “May the Almighty Allah continue to bless our homeland Ghana and our gallant Black Stars players.”
    Mr Speaker, I am among those who gave the Black Stars no chance at all. Indeed, when the game was being played, we were in Abuja, and our people who were with us, were all wondering whether anything good was going to come out of the games.
    Mr Speaker, when the final match was being played, for the first time, I knelt down twenty times and prayed -- [Laughter] -- for something good to come. It is on this note that I join the Hon Minister and the Hon Ranking Member and all Ghanaians -- [Interruption.]
    rose
    Mr Speaker 11:40 a.m.
    Hon Member for Dormaa Central?
    Mr Agyeman-Manu 11:40 a.m.
    On a point of order.
    Mr Speaker, I am very astonished. I would like to find out from my Hon Colleague, whether that was the first time he knelt down to pray, in his life? First time in his life he prayed?
    Mr Speaker 11:40 a.m.
    Hon Deputy Majority Leader?
    Mr Agbesi 11:40 a.m.
    Mr Speaker, I said it, because I normally pray three times. But this one alone, I prayed twenty times . [Laughter.]
    So, they have brought honour to us.
    Mr Speaker 11:40 a.m.
    Hon Members, we have exceeded the time allocated to Statements. I would like us to wind up and move to Public Business.
    Hon Deputy Majority Leader?
    Mr Agbesi 11:40 a.m.
    Mr Speaker, I would also say the Hon Minister has done very well in bringing this information to us. This information can guide us, and then we take action on the information he has brought if we are minded to. Nobody prompted him, he came and gave us this vital information.
    In congratulating the Black Stars, I would like to say that let the authorities devise ways and means where they can train more people, the youth, to be able to take over from those who are aging.
    Mr Speaker, once again, the Black Stars have done well; they should keep it up and the nation would be behind them.
    Mr Speaker 11:40 a.m.
    Yes, Hon Minister, very brief.
    Mr Ayariga 11:40 a.m.
    Mr Speaker, I think the practice of accountability within the framework of our laws is strictly well known. There is a culture where when we are going into a tournament, very often, the media wants you to put out the details of your budget. I think that, as a matter of strategy, it is not the best.
    I say this because when I was at the tournament, each time we were facing an opponent, one of the things we tried to find out was: “What was their motivation, what was their bonus if they won?” This
    is because that gave me an indication of how angry they were for victory, so that we could psyche our team to be able to confront them.
    So, there was some information that before the tournament --
    Mr Speaker 11:40 a.m.
    Yes, Hon Minister, you are making a point, but you can engage the Committee of the House at that level.
    Mr Ayariga 11:40 a.m.
    Yes, Mr Speaker, that was why we did not provide details before. But after that, the details are very much available.
    Also on the issue of lifting supporters, Mr Speaker, the Ministry never got itself involved in lifting supporters. That is why I do not have information on how supporters were lifted. We did not budget for it. We did not spend a pesewa on lifting supporters to Equatorial Guinea.
    On that note, Mr Speaker, I thank the House very much for the very kind words of commendation that have been made and to assure the House that the Ministry would continue to work very closely with the various associations to uplift the various sports in our country.
    Thank you very much.
    Mr Speaker 11:40 a.m.
    Hon Members, that brings us to the end of Statements.
    On my own behalf, and indeed, on behalf of this Honourable House, I commend the Black Stars; I congratulate them -- the management and the technical handlers.
    Hon Members, I thank you very much for the congratulatory Statements.
    Hon Members, let us make progress.
    At the Commencement of Public Business.
    Hon Members, I have been informed that the Paper is not ready for laying. That is the information that has just been provided to me by the Clerks-at-the-Table.
    Also, I learned that the Report on item 5, the Committee's Report too is also not ready. That is the information I have been provided by the Clerks-at-the-Table. In fact, that was the reason the Hon Attorney-General and Minister for Justice was granted permission to leave the Chamber.
    So, Hon Deputy Majority Leader, what item are we taking?
    rose
    Mr Speaker 11:40 a.m.
    Point of order against the Chair?
    Dr A. A. Osei 11:40 a.m.
    No, Mr Speaker. I was trying to catch your eye to bring a matter that may be important.
    Mr Speaker 11:40 a.m.
    See me in my Lobby.
    Dr A. A. Osei 11:40 a.m.
    It is in the public domain.
    Mr Speaker 11:40 a.m.
    See me in my Lobby. Tomorrow, we can take it, if I know what you want to say. [Interruption] No! I am not. If you will like to make a Statement, the rules are clear.
    Hon Member for Old Tafo, you are one of the experienced hands who have learnt the rules so fast. You know the rules very well. So, if you will like to draw my attention to something, do it like we always do every morning. That is why we have the pre-Sitting meetings. You do not spring surprises on the Chair.
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, I will come to the Lobby. But it is already in the public domain.
    Mr Speaker 11:50 a.m.
    You do not spring surprises on the Chair.
    Dr A. A. Osei 11:50 a.m.
    It is not a surprise. It is in the public domain --
    Mr Speaker 11:50 a.m.
    So, please, come and see me in the Speaker's Lobby. Do not worry, whatever it is, we will take it up.
    Mr Nitiwul 11:50 a.m.
    But Mr Speaker, there are a lot of things that Hon Members do not get the opportunity to discuss with you before, but you have been magnanimous enough to allow them to raise them because of public interest.
    Mr Speaker 11:50 a.m.
    Hon Member, I always do. When you are holding a newspaper in the air and it is not a matter that has cropped up on the floor suddenly, the rules are very clear. This paper came early in the morning; it has been reviewed all over, and you are holding a newspaper, which came out early this morning before the House started Sitting at 10 a.m.
    Hon Members, please, there is an opportunity. So, there is a difference between that and a matter cropping up suddenly on the floor of the House. The rules allow it.
    So, Hon Member, I am not saying I will not -- I will look at it. Since it is a newspaper, we will all read it and then we will see how we can handle it, so that if it can be raised tomorrow, I do not think that there is much difference between today and tomorrow.
    We are masters of our own procedures.
    Mr Nitiwul 11:50 a.m.
    Mr Speaker, fair enough. They will discuss -- but the difficulty is when Hon Members want direction from you on a particular matter and they would have to always see you, it is a bit difficult sometimes.

    But for this one, you are not relaxing the ropes, you are tightening the knots. So, I would not want to go much into that. They just wanted your direction on something, but you are tightening the process, so I will leave it.
    Mr Speaker 11:50 a.m.
    Yes, if it is a newspaper publication -- [Interruption.] That is the reason we need to take it up.
    Hon Member for Old Tafo, let us discuss it and then we will --
    Dr A. A. Osei 11:50 a.m.
    Mr Speaker, I will come to your office. Mr Speaker, last time on the issue after Cabinet, you promised that on Tuesday --
    Mr Speaker 11:50 a.m.
    I did that yesterday. This is because the Hon Member for Effutu was not in the House; he was somewhere else. Instead of coming to the House, he was somewhere else -- [Laughter.]
    Hon Deputy Majority Leader, so I want us to go to our core business of legislation.
    Mr Agbesi 11:50 a.m.
    Yes, Mr Speaker, with your indulgence --
    Mr Speaker 11:50 a.m.
    In fact, I discussed with the Leaders this morning, that we should try and deal with this Customs Bill, 2014.
    Mr Agbesi 11:50 a.m.
    Mr Speaker, item number
    6.
    Mr Speaker 11:50 a.m.
    Do you want us to take item number 6? I thought we would go to legislation -- the Customs Bill, 2014. That was what we discussed this morning.
    Mr Agbesi 11:50 a.m.
    Very well.
    Then Mr Speaker, item number 16 on page 5.
    Mr First Deputy Speaker to take the Chair.
    Dr A. A. Osei 11:50 a.m.
    Mr Speaker, I offered the newspaper to you, but the Clerks-at- the-Table did not give it to you and they will not bring it back to me either.
    Mr Speaker 11:50 a.m.
    Hon Member, you are out of order.
    Hon Members, the Customs Bill, 2014 at the Consideration Stage.
    BILLS -- CONSIDERATION 11:50 a.m.
    STAGE 11:50 a.m.
  • [Resumption of Consideration from 10/02/2015]
    • Mr Speaker 11:50 a.m.
    Chairman of the Committee, which clause are we working on -- 118?
    Clause 117
    Clause 117 -- Power to search premises.
    Chairman of the Committee (Mr James Klutse Avedzi) 11:50 a.m.
    Mr Speaker, I beg to move, clause 117, subclause (3), line 2, delete “by” and insert “with”
    Mr Speaker, the new rendition will read 11:50 a.m.
    “Where there is resistance, the officer may break open any door with force and remove any impediment or obstruction to the entry, search or seizure in execution of the order.”
    Mr Speaker 11:50 a.m.
    Is the amendment about grammar or drafting?
    Mr Avedzi 11:50 a.m.
    Mr Speaker, it is about grammar.
    Mr Speaker 11:50 a.m.
    Did you get the input from the draftsperson?
    Mr Avedzi 11:50 a.m.
    Yes, Mr Speaker. We got the input that we do not break by force, but with force. We are actually correcting the grammar.
    Mr Speaker 11:50 a.m.
    Hon Members, clause 117, subclause (3), line 2 -- Yes?
    Mr Nitiwul 11:50 a.m.
    Mr Speaker, “break by force” means that, you do not need the authority of the individual -- [Interruption.] I know. But to say “break with force”, one would have to break with a certain force. So, which one is the Hon Chairman looking for? Does he need the authority of the person to enter the place or he is breaking it with a certain force?
    Mr Speaker 11:50 a.m.
    Hon Deputy Minority Leader, that was where I wanted to go to. That was why I asked the question. I will direct the draftsperson to look at it. But since they said they got the input from the draftsperson, I will leave it there.
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 11:57 a.m.
    Hon Deputy Majority Leader, I believe we are dealing with clause 117?
    Yes, Chairman of the Committee?
    Mr Avedzi 11:57 a.m.
    Mr Speaker, let me move the amendment again.
    I beg to move, clause 117, subclause (3), line 2, delete “by” and insert “with”.
    The new rendition will read:
    Mr Avedzi 11:57 a.m.


    “Where there is resistance, the officer may break open any door with force and remove any impediment or obstruction to the entry, search or seizure in execution of the order.”

    Mr Speaker, the Committee is of the view that the power to break open is given under clause 117, subclause (1), and when the officer is having any resistance, then he can break the door with force, search and seize any item or goods that are stored in the premises.

    Question put and amendment agreed to.

    Clause 117 as amended ordered to stand part of the Bill.

    12. 00 noon.

    Clause 118 -- Power to stop conveyance
    Mr Avedzi 11:57 a.m.
    Mr Speaker, I beg to move, clause 118, subclause (3), line 3, after “hundred”, insert “and not more than six hundred”.
    Mr Speaker, we are setting up the limits of the penalty. So, the rendition would be;
    “where a person in charge of a conveyance refuses to stop or allow the examination when required by an officer, that person shall incur a penalty of not less than two hundred and not more than six hundred penalty units”.
    Mr First Deputy Speaker 11:57 a.m.
    Hon Members, I think it is straightforward.
    Question put and amendment agreed to.
    Yes, Chairman of the Committee?
    Mr Avedzi 11:57 a.m.
    Mr Speaker, I beg to move, clause 118, subclause (5), line 3, delete “times” and insert “hundred per cent of” and in line 4, delete “that person shall forfeit the goods” and insert “the goods shall be forfeited”.
    Mr Speaker, the new rendition would read 11:57 a.m.
    “where the person fails to satisfy the court that the goods were lawfully in the custody or possession of that person for removal, that person shall incur a penalty of not more than three hundred per cent of the duty payable on the goods and that goods shall be forfeited.”
    rose
    Mr First Deputy Speaker 11:57 a.m.
    Hon Member for Old Tafo, you were up?
    Dr A. A. Osei 11:57 a.m.
    Mr Speaker, in the rendition, he has made a correction on the Order Paper”, instead of “hundred per cent”, he clarified it and said it was “three hundred per cent”. So, we should make the correction on the Order Paper.
    It has “hundred per cent” but it should be “three hundred per cent”, even though he said it.
    Mr First Deputy Speaker 11:57 a.m.
    Very well.
    The correction is accordingly effected.
    rose
    Mr First Deputy Speaker 11:57 a.m.
    Hon Member for Wa West?
    Mr Chireh 11:57 a.m.
    Mr Speaker, I would want a further amendment to read: “forfeited to the State”. Because in some aspects, we have “forfeited” but it should really be “forfeited to the State”. Some of the sub- clauses have that, and it is neater, because if we just say “forfeited”, we have not completed the action. It should be “forfeited to the State”. So, I would want to add “to the State”.
    Thank you, Mr Speaker.
    Mr First Deputy Speaker 11:57 a.m.
    Hon Chairman, how do you respond to that?
    Mr Avedzi 11:57 a.m.
    Mr Speaker, according to him, it makes it neater. So, I do not have any objection.
    Mr First Deputy Speaker 11:57 a.m.
    So, Hon Member for Wa West, can you give us that rendition with regard to that further amendment you are proposing?
    Mr Chireh 11:57 a.m.
    Mr Speaker, all I have done is to add to the State”, whereas the Chairman stopped at “forfeited”. In the same law, we have “forfeited to the State”.
    So, if we are not consistent with it, we would have a problem what the forfeiture is about.
    Mr First Deputy Speaker 11:57 a.m.
    Very well.
    I believe that the draftsperson uses the right rendition to take care of it.
    rose
    Mr First Deputy Speaker 11:57 a.m.
    Yes, Hon Member?
    Mr Nitiwul 11:57 a.m.
    Mr Speaker, just saying that, he assumed that the Chairman used the word “forfeited”. But the Chairman used the words; “shall forfeit the goods” [Interruption.]
    Question put and amendment agreed to.
    Mr First Deputy Speaker 11:57 a.m.
    Hon Chairman, can we proceed? Are you alright?
    Clause 118 ordered to stand part of the Bill.
    Mr First Deputy Speaker 11:57 a.m.
    Clause 119, Chairman of the Committee?
    Clause 119 -- Power to board conveyance
    Mr Avedzi 11:57 a.m.
    Mr Speaker, I beg to move, clause 119, subclause (5), line 2, after “thousand” insert “and not more than three thousand”.
    Mr Speaker, the new rendition would be “the master of a conveyance shall incur a penalty not less than one thousand and not more than three thousand penalty units”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 11:57 a.m.
    Yes, Chairman of the Committee?
    Mr Avedzi 11:57 a.m.
    Mr Speaker, I beg to move, clause 119, subclause (5), paragraph (c), line 2, delete “Ghana” and insert “the country”.
    Mr Speaker, the new rendition would be, “pieces of packages which have been secured by the officer are open within the country, without the authority of the proper officer”.

    Mr Speaker, I further amend the amendment to include “the”. So, sub- clause 5, paragraph c, line 2, delete “Ghana”, and insert “the country,” as is captured in the Order Paper.

    Question put and amendment agreed to.
    Mr First Deputy Speaker 11:57 a.m.
    Chairman of the Committee?
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 119, subclause (7), line 2, after “hundred”, insert “not more than three hundred”.
    Question put and amendment agreed to.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 119, subclause (10), line 5, after “thousand” insert “and not more than three thousand”.
    Question put and amendment agreed to.
    Clause 119 as amended ordered to stand part of the Bill.
    Clause 120 -- Power to seize abandoned conveyance
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, line 4, delete “seizure”, and insert “seizure”.
    Question put and amendment agreed to.
    Clause 120 ordered to stand part of the Bill.
    Clause 121 -- Penalties
    Mr Speaker, the new rendition will be as follows 12:10 p.m.
    “where a person imports or is involved in importing any prohibited or restr icted goods contrary to the prohibition or restriction, whether the goods are unloaded or not.”
    Mr Speaker, the use of “concerned” does not capture the intent of the clause but it is only persons who involve or are involved in the importation who are to be affected by this particular clause. So, the amendment is to change “concerned” to “involved”.
    Question put and amendment agreed to.
    Dr A. A. Osei 12:10 p.m.
    Mr Speaker, up to item (xix), they are all consequential. Can we just let him skip it, so that we save some time?
    Mr First Deputy Speaker 12:10 p.m.
    Very well. Then in that case, let me give the necessary directive.
    Hon Chairman of the Committee, do you agree with the Hon Member?
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I just want to say that what the Hon Member talked about are all consequential. So, you can give the directive to cover all of them.
    Mr First Deputy Speaker 12:10 p.m.
    Very well. Up to item (xix) right? [Pause.] All right.
    Hon Members, the proposed amendment to clause 121 up to (xix) are all consequential. So, we can move on to item (xx).
    I further direct that the draftspersons should take account of this in rephrasing it.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (2), concluding paragraph, line 2, delete “times” and insert “hundred per cent of”.
    The new rendition will read as follows:
    “that person commits an offence and is liable on summary conviction to a fine of not more than three hundred per cent of the duty or the tax evaded or to a term of imprisonment of not less than five years and not more than ten years and in addition all goods in respect of which the offence was committed is liable to forfeiture to the State.”
    Dr A. A. Osei 12:10 p.m.
    Mr Speaker, on the Order Paper, it just said “three hundred”. So, we should amend the Order Paper to say “three hundred per cent” so that it is consistent.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, what we are deleting is only the “times”, the “three hundred” is already there. So, we are deleting the “times” and bringing “hundred per cent” on. So, if you read them together, it is correct.
    Dr A. A. Osei 12:10 p.m.
    Yes, it is al right. Sorry.
    Mr First Deputy Speaker 12:10 p.m.
    I will put the Question --
    rose
    Mr First Deputy Speaker 12:10 p.m.
    Sorry. Yes, Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 12:10 p.m.
    Mr Speaker, I have just walked in. I had the Order Paper for yesterday I took it home and I looked at the Bill and then the proposals from the Committee. I came in today and it is a completely new ball game. Because all these things that you are relating to did
    not appear on yesterday's Order Paper and I am wondering whether you met yesterday to do these things [An Hon Member: They met yesterday to do something.] Did they meet yesterday to include these amendments that they are proposing? [An Hon Member: Long, long time.] What long time? On yesterday's Order Paper, these things were not there. [An Hon Member: Yesterday, they were there.] This is yesterday's Order Paper, where are they?
    Mr First Deputy Speaker 12:10 p.m.
    Very well. You are pardoned, do not worry. We will go over it.
    Question put and amendment agreed to.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (3), line 3, delete “triple” and insert “three hundred per cent of --
    Mr Speaker, the new rendition will read as follows 12:10 p.m.
    “A person who commits any of the acts referred to in subsection (2) shall, whether or not that person is prosecuted, incurs a penalty of not more than three hundred per cent of the duty or the tax evaded…..”
    Question put and amendment agreed to.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (4), line 3, delete “times” and insert “hundred per cent of”.
    Mr Speaker, this is also in line with the previous amendments that I moved, to which we are setting the upper limit of the penalty.
    Question put and amendment agreed to.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (5), lines 3 and 4, delete “eight hundred and fifty” and insert “three thousand five hundred”.
    Mr Speaker, the Committee is of the view that the penalty under this portion of the Act is not too deterrent, so, we are proposing an amendment to increase it from “eight hundred and fifty” penalty units to “three thousand five hundred” penalty units.
    Question put and amendment agreed to.
    Mr Avedzi 12:20 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (6), paragraph (a), delete “some” and insert “a”.
    The new rendition will read:
    “Despite a provision in this Act for the recovery of specified penalties or goods, the Commissioner- General may :
    (a) sue for a lesser penalty or forfeiture”.
    Mr Speaker, it is not “sue for some lesser penalty.”
    Question put and amendment agreed to.
    Yes, Chairman of the Committee?
    Mr Avedzi 12:20 p.m.
    Mr Speaker, I beg to move, clause 121 -- subclause (6), paragraph (b), line 1, delete “some” and insert “a”.
    Mr Speaker, this is consequential to the earlier one.
    Question put and amendment agreed to.
    Mr Avedzi 12:20 p.m.
    Mr Speaker, I beg to move, clause 121 -- subclause (8), line 3, delete “two hundred” and insert “two thousand five hundred”
    The new rendition will read:
    “A person who releases confi- dential risk management infor- mation without the authority of the Commissioner-General commits an offence and is liable on summary conviction to a fine of two thousand five hundred penalty units.”
    Mr First Deputy Speaker 12:20 p.m.
    Yes, Hon Member for Old Tafo?
    Dr A. A. Osei 12:20 p.m.
    Mr Speaker, I think we should amend the subclause to say, “not more than two thousand penalty units” otherwise, we will be inconsistent in terms of setting up the upper limit. It should be “not more than two thousand, five hundred” so that the same principle applies just like in the previous one.
    Mr First Deputy Speaker 12:20 p.m.
    Yes, Chairman of the Committee, are you in agreement?
    Mr Avedzi 12:20 p.m.
    Mr Speaker, it means that, the Commissioner-General can give a penalty which will be less than two thousand five hundred penalty units. The idea was to have a fixed penalty and that no option is given to the Commissioner- General to lessen the penalty.
    It is good that it does not go beyond the two thousand, five hundred by putting
    “not more than two thousand, five hundred”. He can decide to give only one thousand or one thousand, five hundred penalty units.
    Dr A. A. Osei 12:20 p.m.
    Look at the amendment in subclause 5. The principle is that, there must be some range, in particular, an upper limit. Anytime we just fix it, it becomes a problem. That is why I think we should be consistent. This is because, it was a small sum; so, that is why we are going up.
    Mr Avedzi 12:20 p.m.
    It means, we are only setting up the upper limit without a lower limit.
    Dr A. A. Osei 12:20 p.m.
    The upper limit was too small -- two hundred penalty units originally. We are increasing it, such that it exceeds the original “no more than”.
    Mr First Deputy Speaker 12:20 p.m.
    Do we understand that when we say “not more than”, it means we are giving the officer the power to give something less?
    Dr A. A. Osei 12:20 p.m.
    Originally, it was only two hundred penalty units which we thought was very small. We could also decide on a lower limit. From two hundred, we have increased to two thousand five hundred penalty units and that is why I am saying that it has to be not more than.
    Mr Avedzi 12:20 p.m.
    The issue is, if it is not more than, are we saying that we can give less of that amount?
    Dr A. A. Osei 12:20 p.m.
    We raised the original minimum from two hundred penalty units. But to be precise, we can still put a range there. Let us put a range, so that we are consistent -- Not less than thousand penalty units, not more than two
    thousand five hundred, then we will be consistent in what we are doing. There must be some consistency.
    Mr First Deputy Speaker 12:20 p.m.
    Yes, Chairman of the Committee?
    Mr Avedzi 12:20 p.m.
    Mr Speaker, if you can give directive to the draftsperson to -- This is because we have a range for some of the penalties, but others we do not have a range. So, if we can harmonise them in terms of all the penalties --We have a range which the Commissioner-General can use in applying the various penalties.
    If you look at what we have done in clause 121, most of them, we have a range of not less than and not more than -- particularly, in clause 121 (5). That one, we do not have the lower limit but we have the upper limit.
    Then also in subclause 8, we do not have the lower limit but we have the upper limit. So, if you can give a directive that the draftsperson harmonises it to set a lower limit for those that we do not have the lower limit, so that we can show consistency.
    Mr First Deputy Speaker 12:20 p.m.
    How will the draftsperson know which lower limit, for example, you want?
    Yes, Hon Deputy Minister for Finance?
    Mr Cassiel A. B. Forson 12:20 p.m.
    Mr Speaker, under subclause 8 -- I did some consultation with the Ghana Revenue Authority (GRA).
    Mr Speaker, my understanding is that, the clause was meant not to give the Commissioner-General discretion. This is because the power is with the “proper officer” and he will be entitled to ascertain that penalty that is due and not necessarily give the Commissioner-General discretion.
    Mr First Deputy Speaker 12:30 p.m.
    Hon Member for Old Tafo, you heard from the Hon Deputy Minister on the stance of the revenue authority?
    Dr A. A. Osei 12:30 p.m.
    I am not sure that solves the problem. First of all, our amendment quoting a higher amount made it too punitive for the kind of infraction -- because this is releasing information; so, if you go to that high amount, the prison term should also be accordingly changed, in my view. I do not think an exact amount solves the problem.
    We can say “not less than” but originally, there is a reason, it was only two hundred penalty units. The Committee, in my view, is changing it to two hundred penalty units because at that time we felt it was too small. The prison term is still five years. I do not think it is too much. I think if we want to keep the old penalty units, then it should not be less than -- without increasing it to two thousand five hundred. I stand corrected.
    If you increase the penalty units, must we have an equivalent prison term? Is there an equivalence? Because if there is, then we have to look at it carefully. Right now, I believe the two hundred corresponds to five years and we are increasing it to two thousand five hundred penalty units. Does that mean a higher prison term?
    Mr First Deputy Speaker 12:30 p.m.
    Well, I think that as far as they are concerned, it is a question of not giving the officer the discretion. It is just the figure and the terms of imprisonment.
    Dr A. A. Osei 12:30 p.m.
    [Inaudible.]
    Mr First Deputy Speaker 12:30 p.m.
    Yes. So we are not allowing the court any room to --
    Dr A. A. Osei 12:30 p.m.
    But then a fixed amount, depending on the circumstances, is also too rigid. So, we should go to “not less than”, then there is a minimum.
    If this is really the minimum, then we should say “not less than 200 penalty units”, then it will be alright. But the issue about discretion here -- there is no discretion. It is 200 penalty units. Why 200? If they can convince me why they think that the 200 penalty units, no matter the circumstances, it must remain fixed forever, then I think if it is not less than --
    Mr First Deputy Speaker 12:30 p.m.
    But Hon Member, if you look at the full meaning of that clause, if you release such confidential risk management information, it is a serious matter.
    Dr A. A. Osei 12:30 p.m.
    To say that, then we should charge the 200 penalty units, which is too rigid. So, it should be “not less than.” It could be more if it is that serious. This is because the Committee increased it to 2,500 penalty units, which is almost 10 multiplied by the original amount. So, putting in “not less than” --
    Mr First Deputy Speaker 12:30 p.m.
    Do you want the prefix “not less than”?
    Mr First Deputy Speaker 12:30 p.m.
    Which does not really affect what is here?
    Dr A. A. Osei 12:30 p.m.
    Yes, Mr Speaker.
    Mr First Deputy Speaker 12:30 p.m.
    This is because it gives the Judge -- if he or she thinks it should be more -- Yes, “not less than” --
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, 200 penalty units.
    Mr First Deputy Speaker 12:30 p.m.
    Very well.
    Hon Members, I will put the Question with regard to the proposed amendment and the further amendment.
    Dr A. A. Osei 12:30 p.m.
    Sorry, Mr Speaker. Are we abandoning the higher amount, which is 2,500 penalty units? Are we staying with what is in the original Act except to amend it to “not less than”?
    Mr First Deputy Speaker 12:30 p.m.
    I thought we were accepting his amendment to 2,000 plus by using the expression “not less than”.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, 2,500 penalty units?
    Mr Avedzi 12:30 p.m.
    Mr Speaker, my understanding is that we are taking the amendment proposed by the Committee, which is 2,500 penalty units. But we are prefixing it with his suggestion, to set a lower levy -- “not less than 2,500 penalty units.”
    Dr A. A. Osei 12:30 p.m.
    That is why I am not sure. Perhaps, we need some advice from the Attorney-General's office. This is because I think that the Committee originally thought 200 penalty units was too small. So, we are going to give it a higher amount. But now that we have qualified it by saying “not less than 200 penalty units,” we should not stick to the original 2,500 penalty units again. “Not less than”, but the higher amount, I am not convinced. The Committee cannot convince me.
    Mr First Deputy Speaker 12:30 p.m.
    The higher amount has to do with the seriousness of the offence.
    Dr A. A. Osei 12:30 p.m.
    Can we get some advice from the Attorney-General's office on this one because GRA -- I think it might help us. This is because the original amount fixed it.
    Mr First Deputy Speaker 12:30 p.m.
    They have consulted the GRA and they said they agreed with 2,500 penalty units. Yes, they
    do. So, we are prefixing it with “not less than”. So, Hon Members, I will go back and put the Question.
    Question put and amendment agreed to
    Mr First Deputy Speaker 12:30 p.m.
    Yes, Chairman of the Committee?
    Mr Avedzi 12:30 p.m.
    Mr Speaker, I beg to move, clause 121 -- subclause (9), line 1, delete “(6)” and insert “(8)”
    Mr Speaker, the clause being referred to is subclause 8 but not subclause 6.
    Question put and amendment agreed to.
    Mr Avedzi 12:30 p.m.
    Mr Speaker, I beg to move, clause 121 subclause (10), line 1, delete “A customs” and insert “Despite sub- section (8) an”
    Mr Speaker, the new rendition will read 12:30 p.m.
    “Despite subsection (8), an officer who releases a risk register, risk profile and other risk assessment data to a person without the authority of the Commissioner- General is subject to a disciplinary action”.
    Mr First Deputy Speaker 12:30 p.m.
    Yes, Hon Member for Old Tafo?
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, we need to revisit this. What we are doing is, we are treating the customs officers differently from everybody else. If I go and do it, I am subject to penalty units and possible imprisonment. If a customs officer does the same offence, he or she is subject to disciplinary action. Why are we treating the customs officer with soft hands? We need to look at it.
    Mr First Deputy Speaker 12:30 p.m.
    I appear to agree with him because the customs officer is supposed to know better. What do you say?
    Mr Avedzi 12:30 p.m.
    Mr Speaker, I think that every officer who has the privilege of having information due to the position that he occupies is governed by the codes of conduct of that establishment.
    If through the performance of one's duty, one releases any information, there is a procedure that is followed and that is what is going to be applied here. That if one releases information because of the privileged position that one occupies, disciplinary action will be taken against the person and the procedure is followed. If it is to the point that one needs to be dismissed, it would be done.
    Mr First Deputy Speaker 12:30 p.m.
    Just dismissed, not prosecuted?
    Mr Avedzi 12:30 p.m.
    What I mean to say is that, there is a procedure that is followed if one conducts himself in a way that is against
    the internal rules of the company. That is what is going to be applied if one is an officer.
    If one is an officer and he has the information and he releases it, he does not go according to the internal mechanism that will be used to punish him. For that matter, the law deals with him.
    If one is an officer and commits the same offence, the internal mechanism procedure is used to punish him. That is why they are limiting it to that, but not outright prosecution as the Hon Member proposed. That is an idea where the Committee is proposing, that despite what happened in subclause 8, if one is an officer, the internal mechanism will be followed. That is what we captured in the Bill by saying we will prosecute the person through a disciplinary action.
    Dr A. A. Osei 12:40 p.m.
    Mr Speaker, but if that disciplinary action does not represent an offence, then we are treating two people who have committed the same offence differently, then that is grossly unfair. If it is serious enough for anybody to commit it and be sent to jail, then that same attitude must be applied to somebody who should even know better.
    That disciplinary action would be a slap on the hand. So, a customs officer who should know better is slapped on the hand and an innocent person who did not know any better, you want him to go to jail? It would be grossly unfair.
    Otherwise, we should not make it an offence. I think it is a fundamental right; I cannot commit the same offence and because I am a customs officer, I go through any disciplinary action.
    Unless you can prove to me that that action says you have committed an offence. If it is, show me, then I would be alright. But here, it comes out that we are
    Dr A. A. Osei 12:40 p.m.


    treating them completely different and I do not think that it is very fair, especially because they should know better.
    Mr First Deputy Speaker 12:40 p.m.
    Hon Chairman, is it not possible that we forget about the disciplinary action which can be taken by customs itself without regard to the criminal offence, which has been committed and which would be dealt with as provided by law? You might end up taking a disciplinary action against the person and then at the end of the day, if the person is found culpable, he will not be prosecuted for criminal offence, yet this is a criminal offence. I do not know.
    Dr A. A. Osei 12:40 p.m.
    Perhaps, what we can do if the Chairman would agree, in sub- clauses, we just simply amend it to say “a person or an officer”, then we delete sub- clause (10) and there is equal treatment under the law in subclause (8).
    We can say “an officer or a person who releases…” then it is equally applicable, then you delete subclause (9) and subclause (10). They become redundant because now, we are treating them equally. This is because if it is a criminal offence, it must be applicable to the customs officer. So, we give them equal treatment.
    So, we amend subclause (8) for both and delete subclause (9) and subclause (10). The customs people cannot hide behind disciplinary action.
    Mr First Deputy Speaker 12:40 p.m.
    Yes, but at the same time, with regard to the customs officer, there are other items included. Apart from the risk management, there is risk registrar, risk profile and other risk assessment data. This is because they are more likely to have custody of this kind of information more than the outsider who does not belong to the Customs
    Department. As he is saying, if we could combine the two and get one clause that deals with both the outsider and the customs officer so that we add all those additions over there in subclause (8) to subclause (10) to have one clause that would deal with it in an omnibus manner.
    Mr Chairman, how do you see that?
    Mr Avedzi 12:40 p.m.
    Mr Speaker, if we can step it down and have a rendition that would accommodate what we have in subclause (8) and subclause (10) then we would delete.
    Mr First Deputy Speaker 12:40 p.m.
    So, in that case, we can --
    Mr Avedzi 12:40 p.m.
    Because we have in subclause (10), a lot of information which must be captured in subclause (8).
    Mr First Deputy Speaker 12:40 p.m.
    So that if we step it down, you will work on that and come back tomorrow with a rendition that will take care of this?
    Yes?
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, you see, in subclause (10), it is the risk management information which has been disaggregated. So, we have risk register, risk profile, risk assessment data and so on. It is the risk management information that has been disaggregated. So, it could be done and I think that further to the amendment proposed by the Hon Member for Old Tafo, because the officer should know better. Ordinarily, further to this punishment that would be meted out to him, he is subject to the internal disciplinary action which obtains in the authority, so that if he has to be dismissed after that, he has to be dismissed.
    Mr First Deputy Speaker 12:40 p.m.
    Yes, Hon Deputy Minister?
    Mr Cassiel A. B. Forson 12:40 p.m.
    Thank you, Mr Speaker.
    I believe subclauses (8) and (9) rather relate but subclause (10) is quite different. This is because subclause (8) talks about risk management while subclause (10) deals with the risk register and the risk profile. So, the two are quite different and I think we should flag that. Subclause (8), because we used the words “not less than 250 penalty units”, I think that it is also important for consistency purposes to use “not less than five years” as well.
    Mr First Deputy Speaker 12:40 p.m.
    Point well taken.
    I think it is in order but let us not rush. We can come back to it tomorrow but have time to work something out, so that when we come tomorrow, we can take a look at it and give it a finality.
    Hon Members, we will defer the consideration of clause (10) and we have at the back of our minds the fact that we will be taking a second look at clause (8) when we come tomorrow.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, I think you have gone beyond subclause (6). I am worried about the provision in subclause 6 (c).
    “Despite the provision in this Act for the recovery of specified penalties and goods, the Commissioner- General may…
    (c) mitigate or remit a penalty or restore goods seized under this Act at any time before the commencement of proceedings in a court against a person for contravention of this Act or for the forfeiture of goods.”
    I am worried about that, that he would be given that space to do whatever he likes without sufficient cause and I think that even if we should provide the window, it should be qualified. This is because I
    am worried about this, otherwise, it could be a window of opportunity for the Commissioner-General to do whatever pleases him.
    Mr First Deputy Speaker 12:40 p.m.
    I agree with you. Let us add it to what we would be considering after today's adjournment, so that when we come tomorrow, we can look at it altogether. This is because it sounds a bit funny that if a customs officer carries out the duty of the officer and the officer cannot have this applied to him or her. Let us look at all of that. In effect, what it means is that, although we have put the Question with regard to some of them, we will revisit them, so that we have something which is consistent.
    So, Chairman of the Committee?
    Mr Avedzi 12:40 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (12), line 5 delete “times” and insert “hundred per cent of”
    It would now read that,
    “…the goods and shall pay a penalty of not more than 300 per cent of duty payable.”
    Question put and amendment agreed to.
    Mr Avedzi 12:40 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (13), line 4, delete “times” and insert “hundred per cent of”
    The new rendition would read;
    “…That person shall incur a penalty of 300 per cent of the duty payable on the goods.”
    Mr First Deputy Speaker 12:40 p.m.
    I believe this is consequential. So, I will put the Question.
    Question put and amendment agreed to.
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (14), line 4, delete “five hundred” and insert “two thousand and not more than six thousand”
    The new rendition would read,
    “A person who without proper authority, opens a transit shed or, except in the presence of a proper officer acting in the execution of duty, gains access to the goods in the transit shed, shall incur a penalty of not less than two thousand and not more than 6000 penalty units.”
    Question put and amendment agreed to.
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (15), line 4, after “hundred” insert “and not more than six hundred”
    Question put and amendment agreed to.
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move -- clause 121, subclause (16), line 5, delete “times” and insert “hundred per cent of”
    Mr Speaker, again, it is setting up the upper limit for this particular penalty.
    Question put and amendment agreed to.
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move, clause 121, subclause (19), line 1, after “drawback” insert “or refund” and in lines 2 and 3, delete “by the Commissioner- General”.
    Mr Speaker, the new rendition would be --
    “. . . a person who files a fraudulent drawback or refund claims shall incur a penalty of 50 per cent of the amount claimed and shall be prosecuted.”
    Question put and amendment agreed to.
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move, -- clause 121, subclause (20), delete
    Mr Speaker, we propose a new clause which would take care of subclauses 20 and 21. That is why we are deleting the
    20.
    Question put and amendment agreed to
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move, -- clause 121, subclause (21), delete.
    Question put and amendment agreed to
    Mr First Deputy Speaker 12:50 p.m.
    Hon Members, I will not put the Question with regard to clause 121 as amended because we have stood down certain portions of the proposed amendments for them to be taken tomorrow. I will direct the Clerks-at-the-Table to remind us, so that we can --
    New clause --
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move -- new clause -- add the following new clause after clause 121:
    “Goods used contrary to authorised purpose
    Mr First Deputy Speaker 12:50 p.m.
    Yes, Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, just a little amendment to what the Hon Chairman has proposed, that the preamble in (1), the last word “if” should be substituted with “where”.
    Mr First Deputy Speaker 12:50 p.m.
    Hon Minority Leader, I do not quite follow --
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, I was only indicating that we should delete the word “if” and insert “where”. But my attention has just been drawn to the fact that the sentence opens with “Where”. So, it would be repetitive if we use the word “where” in place of “if”. Even though “if” is not the best in drafting style, but because it begins with “Where” I guess we would have to leave it.
    Mr First Deputy Speaker 12:50 p.m.
    I understand you to be alright with that?
    Very well.
    Question put and amendment agreed to.
    New clause ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:50 p.m.
    Clerks-at-- the-Table, I believe the numbering will now start to give us a few problems. Can we direct that the draftsperson takes care of the numbering? This is because, there is a new clause.
    Mr Avedzi 12:50 p.m.
    Mr Speaker, subclause 22 under clause 121 is also covered by the new clause, but we have not deleted it.
    Mr First Deputy Speaker 12:50 p.m.
    Has that been deleted?
    Mr Avedzi 12:50 p.m.
    We have not deleted it.
    So, I would want to move for an amendment for its deletion.
    Mr Speaker, I beg to move, clause 121, subclause (22), delete
    Question put and amendment agreed to.
    Clause 122 -- Falsification, alteration and forgery
    Mr Avedzi 12:50 p.m.
    Mr Speaker, I beg to move, clause 122, subclause (1), concluding phrase after paragraph (f) line 2, after “hundred” insert “and not more than seven thousand five hundred”
    Mr Speaker, the new rendition would read, “commit an offence and is liable on summary conviction to a fine of not less than two thousand five hundred, and not more than seven thousand five hundred penalty units.”
    Mr Speaker, we are setting the upper limit for this offence.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1 p.m.
    Yes, Chairman of the Committee?
    Mr Avedzi 1 p.m.
    Mr Speaker, I beg to move, clause 122, subclause (2), paragraph (a), line 2, delete “times” and insert “hundred per cent of ”
    Mr Speaker, we are changing “three times” to “three hundred per cent”, just to be consistent with what we have been doing throughout.
    Question put and amendment agreed to.
    Mr Avedzi 1 p.m.
    Mr Speaker, I beg to move, clause 122, subclause (2), paragraph (b), line 2, delete “less” and insert “more” and delete “times” and insert “hundred per cent of”
    Mr Speaker, the new rendition would be 1 p.m.
    “A person is liable on summary conviction to a fine of “not more than two hundred per cent” of the value of goods in question”
    Question put and amendment agreed to.
    Clause 122 as amended ordered to stand part of the Bill.
    Clause 123 — Seizure and forfeiture.
    Mr First Deputy Speaker 1 p.m.
    Hon Chairman of the Committee?
    Dr A. A. Osei 1 p.m.
    Mr Speaker, Hon Deputy Majority Leader should tell us where we are going.
    Mr First Deputy Speaker 1 p.m.
    Yes, can I hear you, Hon Deputy Majority Leader?
    Mr Agbesi 1 p.m.
    Mr Speaker, the Finance Committee has an urgent meeting, and other committees have also been advertised for meetings this afternoon. So, taking the mood of the House, we would want to say that this is the appropriate time to bring the proceedings to an end for the day.
    Mr First Deputy Speaker 1 p.m.
    Very well.
    If that is the consensus of the House, then I direct that we have now come to the end of the Consideration Stage.
    Mr Alfred Kwame Agbesi 1 p.m.
    Mr Speaker, I beg to move, that the House do adjourn to tomorrow at 10.00 o'clock in the forenoon.
    Dr Anthony A. Osei 1 p.m.
    Mr Speaker, under normal circumstances, I am not supposed to get up, but since I am the acting Deputy Minority Leader, I beg to second the Motion.
    Mr First Deputy Speaker 1 p.m.
    Hon Members, I will put the Question. The Motion has been moved and seconded,
    that this House stands adjourned till tomorrow at 10.00 o'clock in the forenoon.
    Question put and Motion agreed to.
    ADJOURNMENT 1 p.m.
  • The House was accordingly adjourned at 1.05 p.m. till Thursday, 12th February, 2015 at 10.00 a.m.