Debates of 24 Mar 2015

MR SPEAKER
PRAYERS 10:30 a.m.
ANNOUNCEMENTS 10:30 a.m.
Mr Speaker 10:30 a.m.
Hon Members, I have the pleasure to introduce to you a six-member delegation from the Parliament of Uganda led by the Leader of the Opposition Party, who are on a week-long official visit to Ghana. They are here to learn from us and share experiences with their Ghanaian counterparts on the responsibilities of the Minority Caucus, the functioning of the Whip system and on the general electoral reforms.
The delegation comprises the following:
1. Hon Wafula Oguttu -- Leader of the Opposition,
2. Hon Muwanga Kivumbi -- MP, Democratic Party
3. Hon Segona Lubega Medard -- MP, Forum for Democratic Change
4. Hon Osege Angeline -- MP, Forum for Democratic Change
5. Ms Nyakato Asinansi -- Policy Analyst
6. Ms Harriet Apiny Brenda -- Policy Analyst and Secretary to the delegation.

Hon Members, on your behalf, I wish them a pleasant stay in the country and fruitful deliberations.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:30 a.m.
  • [No correction was made to the Votes and Proceedings of Friday, 20th March, 2015.]
  • [No correction was made to the Official Report of Wednesday, 18th March, 2015.]
  • [No correction was made to the Official Report of Thursday, 19th March, 2015.]
    • Mr Speaker 10:30 a.m.
    Hon Members, Question time.
    Mr Speaker 10:30 a.m.
    Hon Majority Leader?
    Mr Alban S. K. Bagbin 10:30 a.m.
    Mr Speaker, I am informed that the Hon Minister for Health is on an official trip outside the country and his able deputy is available to answer the Questions for and on his behalf.
    So, with your kind permission and the indulgence of my Hon Colleagues, the Hon Deputy Minister for Health is ready to answer the Questions.
    Thank you.
    Mr Speaker 10:30 a.m.
    Hon Second Deputy Minority Whip?
    Mr Ignatius Baffour Awuah 10:30 a.m.
    Mr Speaker, I have no objection with the Hon Deputy Minister for Health answering the Questions.
    Mr Speaker 10:30 a.m.
    Very well.
    Hon Members, we start with Question number 242, standing in the name of the Hon Member for Bosomtwe.
    ORAL ANSWERS TO QUESTIONS 10:30 a.m.
    MINISTRY OF HEALTH 10:30 a.m.
    Minister for Health) 10:30 a.m.
    Mr Speaker, the regional hospital at Sewua is part of the 8No. hospitals project by Euroget De Invest SA. There was a challenge in the securing of funds which have since been resolved.
    The first phase has commenced at Tepa, Nsawkaw, Salaga and Wa. The site at Sewua, which is part of phase II, has been handed over to the contractor since 18th February, 2015 for the construction of the facility. This project is due for completion in 20 months.
    Mr Osei-Mensah 10:30 a.m.
    Mr Speaker, referring to the Answer, the second sentence, which reads:
    “There was a challenge in the securing of funds, which have since been resolved.”
    I would want to find out the source of funding and when the funds were actually secured.
    Dr Bampoe 10:40 a.m.
    Mr Speaker, I do not have the full raft of facts about the funding. What I know now is that the funds have been secured and the work is going to start as soon as possible.
    Thank you, Mr Speaker.
    Mr Osei-Mensah 10:40 a.m.
    Mr Speaker, I am very much surprised that they are going to implement a project and he is telling us that they were having difficulties with the securing of funds.
    Now, he is saying that they have resolved it and he cannot tell us the source of funding and when it was secured. Mr Speaker, I do not think --
    Mr Speaker 10:40 a.m.
    Hon Member, what is your supplementary question?
    Mr Osei-Mensah 10:40 a.m.
    Mr Speaker, if they knew funds had not been secured, why did they clear 40 acres of the 120 acre land in 2010, destroying farms of people in the area and denying them of their livelihood for five years?
    What was their purpose, aim and objective and what compensation do they have for these farmers who have lost their means of livelihood for five years?
    Dr Bampoe 10:40 a.m.
    Mr Speaker, I can make available the facts if I am invited again. This is because I did not know that, that was the focus of today's questioning. However, I can say that I know that funds have already been secured and they are going to be made available to the farmers as compensation.
    Thank you, Mr Speaker.
    Mr Speaker 10:40 a.m.
    Your last supplementary question.
    Mr Osei-Mensah 10:40 a.m.
    Mr Speaker, before I ask my last supplementary question --
    Mr Speaker 10:40 a.m.
    Your last supplementary question.
    Mr Osei-Mensah 10:40 a.m.
    Yes, before I ask my last supplementary question -- Mr Speaker, this beats any level of imagination as far as investment is concerned. How can they invest in a project and he is telling us they do not know the source of funding; they do not know when the funds were secured and people have been around trumpeting that they are building a regional hospital at Sewua since 2009/2010.
    Mr Speaker, I am very much surprised. If you would agree with me, Mr Speaker, I would beg if he could go back and then come and answer the Question again because he is not answering the supplementary questions.
    Mr Speaker 10:40 a.m.
    Hon Member, what is your last supplementary question?
    You know the rules are very clear. I do not want to interfere with what you are doing. Do you understand me? [Interruption.] I do not want to interfere as much as possible but the rules are very clear.
    If you are not satisfied, you pursue the Hon Deputy Minister with a supple- mentary question.
    Yes?
    Mr Awuah 10:40 a.m.
    Thank you, Mr Speaker.
    The Euroget De Invest funding was approved by this House.
    Mr Speaker 10:40 a.m.
    Are you coming on a point of order, Hon Deputy Minority Whip?
    The rule is that the Hon Member must exhaust his three supplementary questions before I recognise another.
    Mr Osei-Mensah 10:40 a.m.
    Thank you very much, Mr Speaker.
    I believe the Hon Deputy Minister for Health has admitted he would like to come back to the House with proper Answers.
    However, I am asking my last supplementary question.
    Mr Speaker, I am referring to the 2015 Budget Statement -- page 115, paragraph (626) and with your permission, I beg to read:
    “Mr Speaker, Government continues to deliver on the healthcare needs of our people from an expanded National Health Insurance Levy (NHIL) and allocation from the central budget. We continue to make significant investment in the infrastructure, equipment and personnel needs of our health sector. We have vigorously embarked on the following infrastructure to expand access to healthcare in all parts of the country.”
    Mr Speaker, I am referring to bullet six of the list of healthcare facilities they have listed there and we have the Ashanti Regional Hospital at Sewua, Kumasi. As I speak, there is not a single block on that land. No foundation has been dug. But if you read from here, the impression created is that they are constructing a regional hospital at Sewua. This has been going round the country but it is not true. How does the Hon Deputy Minister for Health reconcile what we have in paragraph (626) of the --
    Mr Speaker 10:40 a.m.
    Hon Member, he is not responsible for that document. So, I will not allow that question to be asked. That is not the Hon Deputy Minister 's document, please.
    Hon Member, please, you are a Senior Member of the House, that is why --
    Hon Members, I want to refer you to Standing Order 68 (5) and (6) and I will quote:
    “(5) No Member shall address the House upon any Question, nor in asking the Question shall any argument or opinion be offered.
    (6) When any Question has been asked and answered no debate on it shall be permitted.”
    I have been allowing you to talk and talk. Go straight and ask your question. I have disallowed that question but I will give you the chance to properly rephrase it and ask the Hon Deputy Minister.
    Mr Osei-Mensah 10:40 a.m.
    Mr Speaker, I would want to find out why the Ministry of Health, in submitting its portion of the budget for preparation in 2015, indicated that a regional hospital is being constructed at Sewua, when nothing has actually been done.
    Mr Speaker 10:40 a.m.
    Well, I have a problem but I will ask him to answer.
    There is no evidence that they submitted it. There is no evidence before the House. So, you have not laid sufficient foundation for that question. So, I do not know --
    I will give you the last chance to rephrase the question and ask.
    Mr Osei-Mensah 10:40 a.m.
    Mr Speaker, with the preparation of budget, the various Ministries, Departments --
    Mr Speaker 10:40 a.m.
    Hon Member, please, your last supplementary question.
    Mr Osei-Mensah 10:40 a.m.
    Thank you Mr Speaker.
    When will this project actually start?
    Dr Bampoe 10:40 a.m.
    Mr Speaker, this Sewua Hospital is one of eight hospitals costing
    a total of 339 million dollars. The initial funding negotiation started in 2004 due to some difficulties. It was finalised in 2010. Currently, as we speak, the site preparatory activities are ongoing in Sewua; compensation to farmers is ready to be paid and funds have been secured awaiting disbursement to the Ashanti Regional Co-ordinating Council and this facility would be finished in 20 months.
    Thank you, Mr Speaker.
    Mr Speaker 10:40 a.m.
    Hon Deputy Minority Whip?
    Mr Awuah 10:40 a.m.
    Mr Speaker, the Hon Deputy Minister, in his Answer, said that the Euroget De Invest S.A funding had some challenges and that it had been resolved. But Mr Speaker, this funding was approved by this House. So, I would want to know from the Hon Deputy Minister, what kind of challenge they encountered and how they have solved that particular challenge.
    Dr Bampoe 10:40 a.m.
    Mr Speaker, I believe there were some challenges with the guarantees that were to be provided for by the Ministry of Finance. That was the challenge we had.
    Thank you, Mr Speaker.
    Mr Speaker 10:40 a.m.
    Question number 243, the Hon Member for Kwabre East
    Construction of separate male and female wards
    (Kwabre District Hospital at Asonomaso)
    Q.243. Mr Kofi Frimpong asked the Hon Deputy Minister for Health when separate male and female wards would be constructed for the Kwabre District Hospital at Asonomaso since currently there is only one ward with a bed capacity of ten used by both male and female patients in dilapidated structures.
    Dr Bampoe 10:50 a.m.
    Mr Speaker, this has come to the attention of the Ministry of Health and we are seeking funds under a special dispensation to construct a standard ward to benefit the current status of the facility, which used to be a health centre. However, in line with Government's policy to provide every district with a district hospital as first referral point, the Ministry of Health is currently negotiating for concessionary funding to provide a district hospital for Kwabre East District as part of the Ministry of Health's Capital Investment Plan.
    Mr Frimpong 10:50 a.m.
    Mr Speaker, I cannot reconcile the two sentences. In the first one, they are looking for money to construct what I have requested for, to befit the status of the hospital. And then coming to the concluding part, they are looking for money to provide a district hospital for Kwabre East. Mr Speaker, could the Hon Deputy Minister reconcile the two statements?
    Dr Bampoe 10:50 a.m.
    Mr Speaker, the facility that the Hon Member is referring to is actually a health centre, which has been converted into a de facto district hospital. So, originally, that was not a district hospital. However, the Government is still seeking funding to construct a proper district hospital for the district.
    Thank you, Mr Speaker.
    Mr Speaker 10:50 a.m.
    Hon Member, your next supplementary question.
    Mr Frimpong 10:50 a.m.
    Mr Speaker, therefore, is the Ministry going to provide us with the ward before converting it into a proper district hospital? I would want to know from the Hon Deputy Minister.
    Dr Bampoe 10:50 a.m.
    Mr Speaker, I talked about a two-stage process. The first would be for us to secure funding to provide the ward, and the second is to secure funding to provide the district hospital.
    Thank you, Mr Speaker.
    Mr Speaker 10:50 a.m.
    Your last supplementary question.
    Mr Frimpong 10:50 a.m.
    Mr Speaker, I would want to know from the Hon Deputy Minster, one, when the funding would be available. And two, may I know from the Hon Deputy Minister, whether he is aware that the Hon Member of Parliament is constructing a 50-bed ward for the hospital, which has reached about 80 per cent completion? And whether the Ministry would be prepared to help the Hon Member of Parliamnt to complete the ward?
    Mr Speaker 10:50 a.m.
    The question is three in one. I have disallowed the question where he wants to know “when”. The second one is whether you are aware that the Hon Member of Parliament is constructing a 50-bed ward and the third is whether you would assist to complete what he is building. The second question is disallowed; whether you are aware that the Member of Parliament is building -- He has just informed you, and he would want to know from you whether you would assist them to complete it.
    Hon Deputy Minister?
    Dr Bampoe 10:50 a.m.
    Mr Speaker, we cannot give a time now when we would secure the funding. We are still in discussion; we have a lot of proposals which have come in for funding of such projects. But we would inform the august House when these negotiations are completed.
    Secondly, we would very much welcome a discussion with the Hon MP about how we could support him to finalise his project. This is because it achieves the same purpose.
    Thank you, Mr Speaker.
    rose
    Mr Speaker 10:50 a.m.
    Question number 263.
    Hon Deputy Minority Whip, you know we agreed that we are left with three days for the House to rise, and we would want to limit constituency-specific Questions to the Hon Members asking them. That is what we agreed on. But I will allow you because of where you are.
    Mr Awuah 10:50 a.m.
    Thank you, Mr Speaker.
    Mr Speaker, the Hon Deputy Minister, in his Answer, said that they were seeking funds under a special dispensation to construct an additional ward.
    I would want to understand from the Hon Deputy Minister, what that special dispensation is, so that other Hon Members, perhaps, could take advantage of it.
    Dr Bampoe 10:50 a.m.
    Mr Speaker, under the current constraints, we are talking to some investors who have shown interest to fund uncompleted projects. But we need to do so under terms that would be favourable to the current climate.
    Thank you, Mr Speaker.
    Mr Speaker 10:50 a.m.
    Question number 263; the Hon Member for Ahafo Ano South West.
    Upgrade of District Hospital (Mankranso)
    Q. 263. Mr Johnson Kwaku Adu asked the Deputy Minister for Health what plans the Ministry had to expand/upgrade the district hospital at Mankranso.
    Dr Bampoe 10:50 a.m.
    Mr Speaker, Mankranso presently ranks in the Ashanti Region for the upgrading of facilities into a district
    hospital. Presently, Government is sourcing for funds for the expansion, upgrading and provision of distr ict hospitals and Ahafo Ano South will surely come on board when funds are made available.
    Mr Adu 10:50 a.m.
    Mr Speaker, I would want to find out from the Hon Deputy Minister, the first four district hospitals in the Ashanti Region as per the Ministry's ranking and the criteria used in determining the ranking.
    Dr Bampoe 10:50 a.m.
    Mr Speaker, I do not have those facts with me now, but I could make them available to the House.
    Mr Adu 10:50 a.m.
    Mr Speaker, the Hon Deputy Minister, in his Answer, said that the Government was sourcing for funds. Could he tell this august House where these funding sources are coming from, and the level of negotiations reached?
    Dr Bampoe 10:50 a.m.
    Mr Speaker, we have several investors who have expressed interest in helping us to finish uncompleted health projects and to start new priority projects. So, we are still in discussions in the Ministry of Health. From there, we would then proceed to have discussions with the Ministry of Finance and then take it forward.
    So, at the present time, I would not be able to tell when we would finish with that. But it is one of our priorities and it would be done as soon as possible.
    Thank you, Mr Speaker.
    Mr Speaker 10:50 a.m.
    Hon Member, your last supplementary question.
    Mr Adu 10:50 a.m.
    Mr Speaker, does the Hon Deputy Minister not think that the Mankranso District Hospital needs special attention? Currently, you would

    find three or four children admitted on one bed in the hospital, which poses a serious threat to the lives of these children, not to talk of a 10-bed capacity maternity ward serving over 19 women in labour at a particular time.
    Dr Bampoe 11 a.m.
    Mr Speaker, I do agree that Mankranso District Hospital needs special attention. But the ranking was made because there are also other places which need equal or more attention. So, we have taken all that into account. As soon as it is possible, we would make sure that Mankranso District Hospital is given the necessary attention it deserves.
    Thank you, Mr Speaker.
    Mr Speaker 11 a.m.
    Hon Minority Leader?
    Mr Osei Kyei-Mensah-Bonsu 11 a.m.
    Mr Speaker, I would want to ask the Hon Deputy Minister whether he is aware of the ruling Party's policy to have district hospitals for all districts in the country by the close of 2016. If he is aware, could he give us a status report about how many districts, as we speak, do not have district hospitals? And to give us a schedule of when, between now and 2016, they would be able to do this.
    Mr Speaker 11 a.m.
    Is it the ruling Party or ruling Government?
    I would be more comfortable with the “ruling Government”.
    Mr Kyei-Mensah-Bonsu 11 a.m.
    Mr Speaker, that is a distinction without difference but if it is the ruling Government, the value is the same.
    Mr Speaker 11 a.m.
    Hon Deputy Minister?
    Mr Speaker 11 a.m.
    Question number 264.
    Hon Member for Atwima Kwanwoma?
    Provision of District Hospital for Atwima Kwanwoma
    Q.264. Dr Kojo Appiah-Kubi asked the Deputy Minister for Health when the Ministry would provide the Atwima Kwanwoma District with a district hospital.
    Dr Bampoe 11 a.m.
    Mr Speaker, it is Government's policy to provide every district with a district hospital as a first referral point at the district level. In line with this policy, the Ministry of Health is currently negotiating for concessionary funding to provide a district hospital as part of the Ministry of Health's Capital Investment Plan. If negotiations go as planned, work will commence in the last quarter of 2016.
    Dr Appiah-Kubi 11 a.m.
    Mr Speaker, the Hon Deputy Minister, in his response, talked about a Capital Investment Plan of the Ministry. I believe this Capital Investment Plan is detailed enough with timelines. Can the Hon Deputy Minister make copies of this Capital Investment Plan available to Hon Members of this House for us to apprise ourselves and to avoid asking Questions about certain matters which have been adequately dealt with in this Capital Investment Plan?
    Dr Bampoe 11 a.m.
    Mr Speaker, we can make the Plan available.
    Dr Appiah-Kubi 11 a.m.
    Mr Speaker, the Hon Deputy Minister, in his response, also talked about the process of the Ministry in securing a concessionary funding for that project. Can he apprise us with the current status of that negotiations?
    Dr Bampoe 11 a.m.
    Mr Speaker, we are having a look at a few proposals that have been presented to us. So, at this stage, we are doing an internal review of the proposals to see which is more favourable and then we would continue with the process.
    Mr Speaker 11 a.m.
    Hon Member, your last supplementary question.
    Dr Appiah-Kubi 11 a.m.
    Mr Speaker, from the Hon Deputy Minister 's response, it appears that they have not even entered into negotiations with the funding agency. They are just doing some internal review of proposals. But he talks about the fact that they would want to commence work late 2016.
    What other preparatory works have they done so far, such that the people of Atwima Kwanwoma would be comfortable and would be assured that work would actually commence in 2016, if we are now doing the internal review of proposals?
    Dr Bampoe 11 a.m.
    Mr Speaker, my Answer was guided by precedent and by the fact that we have done this many times before. So, we have a good view on the timelines that would be required. We normally have many proposals for people wanting to help us fund some of our projects. What we do is that we sift through to see which is the most favourable and which we have
    timelines about and when it would be approved internally, when it would go to the Ministry of Finance and when it would finish with the rest of the procedures.
    So, we are reasonably confident that our timelines would be something that we will be able to achieve.
    Mr Speaker 11 a.m.
    Question number 301.

    Hon Members, that brings us to the end of Question time.

    I direct, in line with Standing Order 65 (3) that the Question be printed in the Official Report. I believe, with the Answer.

    Shama District Polytechnic (Completion)

    Q301. Mr Gabriel Kodwo Essilfie asked the Hon Deputy Minister for Health when the Shama District Polyclinic, which had been under construction since 2004, would be completed.
    Dr Bampoe 11 a.m.
    Mr Speaker, the project was reactivated in 2012 after stalling for eight years due to lack of funds. Progress of work is 65 per cent complete. However, the contractor is now embroiled in some litigation over funds with his subcon- tractors and assigns which is hampering the smooth delivery of the project. The Ministry of Health has taken a firm decision to determine the contract, thus paving the way to procure the services of a new contractor to complete the works. It is anticipated that, by 2015, the project would be reactivated.
  • [Printed under Standing Order 65(3)]
    • Mr Speaker 11 a.m.
    Hon Deputy Minister, we thank you very much for attending upon the House to respond to Questions from Hon Members.
    Mr Alfred K. Agbesi 11 a.m.
    Mr Speaker, the Hon Majority Leader and Leader of the House is to present Papers, as listed in item number 5 (a). He is currently in another meeting, so, I would want to lay the Papers on his behalf.
    Mr Speaker 11 a.m.
    Very well.
    Hon Members, presentation of Papers. Item number 5.
    On behalf of the Hon Majority Leader, we will start with item number 5 (a) (i).
    PAPERS 11 a.m.
    Mr Agbesi 11:10 a.m.
    Mr Speaker, item number 5 (b). The Hon Chairman of the Finance Committee is ready to lay it.
    Mr Speaker 11:10 a.m.
    Very well.
    Hon Members, item 5 (b) (i), by the Hon Chairman of the Finance Committee.
    Mr Avedzi 11:10 a.m.
    Mr Speaker, the Report is not ready. We could lay the Reports for items number 5 (b) ii and iii. Item number 5 (b) iv is also not ready.
    Mr Speaker 11:10 a.m.
    Very well.
    Hon Members, item number 5 (b) (ii) by the Hon Chairman of the Committee.
    By the Chairman of the Committee --
    (ii) Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) for an amount of fifteen million, six hundred thousand Special Drawing Rights [SDR15.6 million] (US$24.0 million equivalent) to finance the Africa Higher Education Centres of Excellence Project.
    Mr Speaker 11:10 a.m.
    item number 5 (b) (iii)
    By the Chairman of the Committee --
    (iii)Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) for an amount
    of twelve million, nine hundred thousand Special Drawing Rights [SDR12.9 million] (US$19.8 million equivalent) being additional financing for the ongoing Oil and Gas Capacity Building Project.
    Mr Speaker 11:10 a.m.
    Hon Deputy Majority Leader?
    Mr Agbesi 11:10 a.m.
    Mr Speaker, the Motion for the adoption of the Report of the Special Committee on the 2015 District Assemblies Election is ready to be taken.
    Mr Speaker 11:10 a.m.
    Hon Member, could we take item 8? Hon Deputy Majority Leader, we can take this Motion for the adoption of the Reports at any time. If we could take any other business, let us go on. We could come back to this one.
    Mr Agbesi 11:10 a.m.
    Mr Speaker, I cannot see the Hon Chairman of the Committee on Youth, Sports and Culture in the House. With your permission, could we go to item 17?
    Mr Speaker 11:10 a.m.
    What about item 7?
    Mr Agbesi 11:10 a.m.
    Mr Speaker, again, the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs, the Hon Majority Leader is also not in the House.
    Mr Speaker 11:10 a.m.
    Who is the Vice Chairman? This is a very straightforward Bill.
    Mr Agbesi 11:10 a.m.
    Mr Speaker, we could take it. An Hon Member of the Committee is in the House; Hon George Loh is prepared to take it.
    Mr Speaker 11:10 a.m.
    Which Hon Minister is moving the Motion?
    Mr Agbesi 11:10 a.m.
    Mr Speaker, it is the Attorney-General and Minister for Justice.
    Mr Speaker 11:10 a.m.
    But she is not in the Chamber?

    For item number 7 , do we have the Report of the Committee?
    Mr Agbesi 11:10 a.m.
    Mr Speaker, for item number 6, we have.
    Mr Speaker 11:10 a.m.
    Item number 7 rather.
    Mr Agbesi 11:10 a.m.
    Mr Speaker, the Attorney- General and Minister for Justice is not in the House.
    Mr Speaker 11:10 a.m.
    Please, Hon Member, when the Motion is moved, the Committee's Report must be presented. I am asking you a specific question whether the Committee's Report is ready.
    Mr Agbesi 11:10 a.m.
    That is so, Mr Speaker. It is ready.
    Mr Speaker 11:10 a.m.
    Has it been distributed?
    Mr Agbesi 11:10 a.m.
    Mr Speaker, I am told that it has not been distributed.
    Mr Speaker 11:10 a.m.
    Hon Deputy Majority Leader, I am talking about item number 7. If you are not ready, let me know. If you are not ready, let us go back to item number 6 which you mentioned early on, so that you could use the period to reorganise your Front Bench.
    What I am trying to do is to give priority to Public Business. Because we would be rising this week, I am trying for us to give priority to Public Business.
    Mr Agbesi 11:10 a.m.
    Mr Speaker, the Motion for item number 6 for the adoption of the Report of the Special Committee on the 2015 District Assemblies Elections is ready to be taken.
    Mr Speaker 11:10 a.m.
    It is what?
    Mr Agbesi 11:10 a.m.
    The Report of the Committee is ready for item number 6 on the 2015 District Assemblies Election, and we would want to go on while we look at the other ones.
    Mr Speaker 11:10 a.m.
    Hon Deputy Majority Leader, I do not have any problem with the item number 6 that you are calling for. By the advertised programme for today, we have a number of Public Business and I am asking you whether any of them is ready to be taken, then we could prioritise our time and come back to the item number
    6.
    If that is the only business, very well.
    Mr Agbesi 11:10 a.m.
    Very well. Mr Speaker, item 8 on the Chieftaincy (Amendment Bill), 2013 is ready to be taken. The Hon Chairman has now come to the House.
    Mr Speaker 11:10 a.m.
    Which item?
    Mr Agbesi 11:10 a.m.
    Item number 8 on the Chieftaincy (Amendment) Bill, 2013. Earlier, it was called, but the Hon Chairman of the Committee was not in the House. He has just come in.
    Mr Speaker 11:10 a.m.
    Hon Members, the Chieftaincy (Amendment) Bill, 2013 at the Consideration Stage.
    BILLS -- CONSIDERATION 11:20 a.m.
    STAGE 11:20 a.m.
    Mr Kobena M. Woyome 11:20 a.m.
    Mr Speaker, I beg to move, the clause -- paragraph (d), delete and insert the following:
    “(d) being
    (i) a subject of a chief;
    (ii) a resident of the traditional area of a chief; or
    (iii) a person who is involved in a harmful economic or social activity within the traditional area of a chief and refuses, without reasonable cause, to honour an invitation from the chief to attend to an issue affecting or relating to that person or in the public interest.”
    Mr Speaker 11:20 a.m.
    Have you moved the amendment?
    Mr Woyome 11:20 a.m.
    Yes, Mr Speaker. I have moved the amendment.
    Mr Speaker 11:20 a.m.
    What constitutes “harmful activity”? Has it been defined in the Bill or is it in the parent Act?
    Mr Woyome 11:20 a.m.
    Mr Speaker, “harmful activities” here, I am sure is defined in the parent Act.
    Mr Speaker 11:20 a.m.
    Hon Members, he has moved the amendment. But I am not seeing anybody on his feet in the Chamber. I could put the Question but I am just trying to guide the House because when we put “harmful activities”, in the Bill, what constitutes “harmful activities” for which if the chief calls you and you do not respond, it could constitute a criminal offence? So, that is why I am asking -- maybe the information is there.
    Mr Woyome 11:20 a.m.
    Mr Speaker, actually, I could cite examples, that --
    Mr Speaker 11:20 a.m.
    We have passed example stage. We are making a law. So, what constitutes “harmful activities”, so that if I am a subject and I am invited, I know that I am in breach?
    Hon Member for Wa West?
    Mr Joseph Yieleh Chireh 11:20 a.m.
    Mr Speaker, I do not have the Bill here. That is the problem. But we are amending an Act and it is because the Supreme Court struck out what was provided in that Act. Now, when he says he is amending, is he amending the Bill or he is just telling us what was proposed for the amendment by the Ministry of Chieftaincy and Traditional Affairs? If he is able to tell us this, then we would know what to do about the consideration.
    Mr Speaker 11:20 a.m.
    Hon Chairman of the Committee?
    Mr Woyome 11:20 a.m.
    Mr Speaker, we are amending the dictates as contained in the original Act, which was passed by this House.
    Mr Speaker 11:20 a.m.
    Hon Members, in section 63 (d) of the parent Act, it is stated and with your kind permission I beg to quote:
    “63. A person who
    (d) deliberately refuses to honour a call from a chief to attend to an issue …”
    That is it and that is what the Supreme Court held up, that it was unconstitutional. That is the (d). Now, they are replacing it with this amendment. Is that not right?

    Hon Members, I am referring you again to article 19 (11) of the Constitution, which states; and with your kind permission, I beg to quote:

    “No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.”

    So, what is the offence of “harmful activities?” If you say “harmful activities”, what constitutes it to meet the standard of article 19 (11) of the Constitution?

    That is why I am asking you this question. Have you moved the amendment?

    Hon Member for Wa West?
    Mr Chireh 11:20 a.m.
    Mr Speaker, I have the Report of the Committee and in it, they do not seem to be amending the Bill. They are endorsing what the Bill is saying and obviously, there are difficulties about what it is saying. The Supreme Court struck out that clause.
    Now, an attempt is being made to bring back the clause and it appears that the new amendment is more difficult to deal with. First and foremost, the argument of the Supreme Court was that, the individual chiefs cannot be given the legal power to do anything. That is why they have the Traditional Council, the Regional Houses of Chiefs and Tribunals. If an individual chief is to constitute himself into a power, that is what they did not agree with. This is because in the Constitution, it is only the Judiciary that is given that power to deal with. But if the chiefs are now given these powers, there would be a difficulty.
    Mr Speaker, what he is bringing is not even an amendment from the Committee. It is just that the Committee is asking us to endorse what came from the National House of Chiefs and as you were rightly saying, we need to be careful what it is we are doing.
    Mr Chireh 11:20 a.m.


    Chieftaincy is very important in our country, because beyond the District Assemblies, there is no authority and some chiefs in far away rural areas are the ones who keep order. They also arbitrate on issues. That is, if two people have a difficulty and they agree to go for arbitration, they go before the chiefs. The chiefs also have a way of helping people to do communal labour. But to confer this criminal provision on them as individuals, it is a difficulty and I do not know whether we are going to adopt it for the Supreme Court to say that they do not agree again and therefore, they will strike it out.

    Mr Speaker, I think that the way it is, we should stand it down and then consult before making some adjustment to it. If we do not do that -- the provisions here are sweeping. The Committee itself is aware that they have a difficulty and it was by majority decision. I do not know whether the majority was partisan or it was a unanimous majority decision. So, we need to be careful and I plead that we stand this down for further consideration.
    Mr Speaker 11:30 a.m.
    Hon Member for Sekondi?
    Papa Owusu-Ankomah 11:30 a.m.
    Mr Speaker, it is important for us to recognise the role of chiefs in this country. However, we also ought to admit that we have judicial officers and the Constitution recognises that apart from the Judiciary, there could be judicial powers conferred on other institutions or persons.
    The Constitution restricts the judicial power of chiefs to matters affecting or relating to chieftaincy. This Bill, as the Report states, has been actuated by the decision of the Supreme Court.
    Mr Speaker 11:30 a.m.
    Hon Majority Chief Whip?
    Alhaji Mohammed-Mubarak Muntaka 11:30 a.m.
    Thank you very much, Mr Speaker.
    Following the discussions by Hon Yieleh Chireh from Wa West and Hon Papa Owusu-Ankomah from Sekondi, I equally have serious concerns, because when you look at the rendition that we have, it says;
    “(iii) a person who is involved in a harmful economic or social activity…”
    Is the “harmful” affecting the “social activity”? If it is, what constitutes “harmful social activity”?
    Mr Speaker, like Hon Papa Owusu- Ankomah said, I strongly believe that if we are not careful, this would be open to serious abuse, and I equally call for us to stand it down and go and have further consultation about the kind of rendition. This is because I am told -- I have not read the judgement -- that it is said to be unconstitutional by the Supreme Court, and if something is said by the Supreme Court to be unconstitutional when the Constitution has not been changed, do we come back with an Act of Parliament to try to correct what is unconstitutional?
    I have not read the judgment, but I am told that that is what the Supreme Court said.
    Mr Speaker, with all this at the back of our minds, I think we need to tread very cautiously, like Hon Papa Owusu- Ankomah said, so that we get the rendition that would truly strengthen the institution of chieftaincy, but not leave it the way it is to further create confusion in our community.
    Mr Speaker, with the greatest respect, the way we revere our chiefs, I wonder whether there would be anything that would invite a subject and the subject
    Alhaji Mohammed-Mubarak Muntaka 11:30 a.m.


    would just say “ I will not go”. I think that is very rare. But if we give this kind of power, I strongly think that --
    Mr Speaker 11:40 a.m.
    Hon Members, we are at the Consideration Stage, so let us limit our argument to the amendment that has been put before us.
    Alhaji Muntaka 11:40 a.m.
    Rightly so, Mr Speaker.
    I am saying that the amendment being proposed should be stood down for us to further look at how to strengthen it. The way it is, I believe very strongly that it will not serve the collective interest of this country, to leave the rendition the way it has been captured. I would just add that all of us are for a rendition that will strengthen the institution of chieftaincy, but not leave it the way it has been couched, where it has the tendency for abuse.
    So, Mr Speaker, I would want to urge that, as much as possible, let us stand this down for further consultation.
    Mr Speaker 11:40 a.m.
    Let me hear form Hon Minority Leader.
    Mr Osei Kyei-Mensah-Bonsu 11:40 a.m.
    Mr Speaker, I have listened to the intervention of some Hon Colleagues.
    Mr Speaker, I have some reservations relating to some categories of chiefs that this may apply to. For instance, the Act in clause 58 --
    Mr Speaker 11:40 a.m.
    Section 58.
    Mr Kyei-Mensah-Bonsu 11:40 a.m.
    Mr Speaker, in section 58, the following are the categories of chiefs:
    a) The Asantehene and Paramount Chiefs
    b) Divisional Chiefs
    c) Sub-divisional Chiefs
    d) Adikrofo, and
    e) Other chiefs recognised by the National House--
    I guess it is the National House of Chiefs.
    Mr Speaker, the invocation of this, if it should transcend this category of chiefs listed and we are not careful, it could generate some controversies. That is my first worry.
    As regards the ruling of the Supreme Court in respect of the original section 63(d), Mr Speaker, we should recognise that the Constitution provides that it is only Parliament that is vested with the power to legislate. The ruling from the Supreme Court would have to guide us, but they do not legislate, so, they cannot legislate it out. It is already on the statute. So, if it is for us now to amend what exists, which is what the Hon Chairman of the Committee has tried to do in respect of the amendment that was proposed.
    Now Mr Speaker, we have to look at the full rendition of section 63. I am alluding to that because of the argument raised by my Hon Colleague from Sekondi. We are addressing section 63(d), but there are other matters that the Supreme Court did not respond to, and I refer to section 63(c). Mr Speaker, with your kind permission, I beg to quote:
    “A person who --
    knowingly uses disrespectful language or insults the chief by word or conduct, commits an offence.”
    That is also there. The Supreme Court did not pronounce on that.
    Again, the Supreme Court did not pronounce on section 63(e) which provides --
    “A person who refuses to undertake communal labour announced by a chief without reasonable cause commits an offence”.
    So, if you are looking at it, we should consider the whole gamut. We cannot just isolate section 63(e) and say to ourselves that that is unconstitutional.
    Mr Speaker 11:40 a.m.
    In fact, it is only the section 63(d) that the Supreme Court held, that it is unconstitutional; the rest were not granted.
    Mr Kyei-Mensah-Bonsu 11:40 a.m.
    Precisely.
    Mr Speaker, that is the point that I am raising. So, I am saying that if the worry of my Hon Colleagues is that -- we have looked at the original Act, and I thought that “harmful economic . . .” or “harmful social activity” has been given some interpretation, which was why the Committee brought this. Unfortunately, there is no interpretation; there is no definition of that.
    Mr Speaker, if we agree, then we can provide some definition for that. If it cannot be done now, then as others have said, we would perhaps, stand it down, and do the proper engineering, and come with that definition. But I think that we should look at which category of chiefs could perhaps, apply this. Are we going to include the Adikrofo or even those chiefs beneath the category of chiefs described as Adikrofo? I think if we are not careful, it could generate some acrimony.
    Otherwise, the principle is understood, and Mr Speaker, I raised this because the principle is also contained in section 63(e) and section 63(f). And so, I am of the view that we should look at the construction and maybe, the interpretation.
    Let us recognise that as a country, we have invested some judicial powers in the chiefs. They inherently have some judicial powers. Judicial power is not exercised by the courts alone or by the Judiciary alone, the chiefs have inherent judicial powers, and the Constitution recognises that.
    Indeed, in article 125(3), the provision is that final judicial power shall rest in the Judiciary. It does not mean that the other institutions like chieftaincy cannot exercise judicial powers. To what extent they are allowed to do that, Mr Speaker, rests with us. I think that with where we are, we can go ahead and give some interpretation to this or perhaps, give it a neater construction.
    I think the principle obtains in both subsections (e) and (f). What we need is to tidy it up in subsection (d) and I believe that it should sit well.
    Thank you, Mr Speaker.
    Ms Sarah Adwoa Safo 11:40 a.m.
    Thank you very much, Mr Speaker, for the opportunity.
    Mr Speaker, I would like to add my voice to what other Hon Members of Parliament earlier said. The concerns they have raised, with respect to the proposed amendment, which tends to give our chiefs or the chieftaincy institution certain powers, which for some of us, would be a bit worrying.
    Mr Speaker, the Supreme Court has made a decision, and what this provision seeks to do is go contrary to what the highest court of the land has said in respect of this matter.
    Ms Sarah Adwoa Safo 11:40 a.m.


    Mr Speaker, the proposed amendment tends to widen up the powers of the traditional leaders and vests them with the power to summon or to -- Failure to appear before them when summoned, will constitute an offence.

    Mr Speaker, this House cannot legislate in this respect. There will be room where certain chiefs inasmuch as we respect the institution of chieftaincy and what --
    Mr Speaker 11:40 a.m.
    Hon Members, we are not at the Second Reading Stage. We have an amendment before us; we are at the Consideration Stage. We have passed the principle stage. We have a certain draft before us and we are trying to see whether it can pass the litmus test set by the Supreme Court.
    So, I will want you to limit your submissions to the amendment before us.
    Ms Safo 11:40 a.m.
    Very well, Mr Speaker. I was laying my foundation, so that I could build on my argument.
    Mr Speaker, what the proposed amendment seeks to do, is to say that if a subject or resident of a traditional area belonging to a chief and fails to respond to a summon -- or doing an activity, which is harmful to society, then the chief calls and the subject or resident fails to appear, then it constitutes an offence.
    Mr Woyome 11:40 a.m.
    On a point of order.
    Mr Speaker, I just want to draw my Hon Colleague's attention to the fact that a person not being able to attend upon the invitation of a chief, alone does not constitute falling victim to the law. The person needs to provide an excuse and it is the reasonability of this excuse that will be determined by the chief and if not, it goes to the court for final determination.
    Ms Safo 11:50 a.m.
    Mr Speaker, I believe the intervention was rather pre-mature. Whether an excuse is given, which is the second leg of the amendment, it is when an activity which is being done within that traditional area, is perceived to be harmful. Who determines whether an activity is economical or socially harmful to the society?
    That is left to the purview of the chiefs and probably, his elders. But that will be a subjective test; it will be subject to abuse if we should put that in the Act.
    So, whether you provide an excuse, it has been the practice that if a chief calls you and you are not able to come, you could give a reasonable excuse.
    Again, who determines reasonableness in this perspective? So, Mr Speaker, I think that if we allow this amendment to stand the way it is, then it is too subjective and we need rather an objective standard in testing who is committing or undergoing an economic activity, that is detrimental to the society, that gives the power of the chief to step in and intercede on behalf of the people of his traditional area.
    Mr Speaker 11:50 a.m.
    Hon Members, I have listened to a number of you. I have also looked at the Supreme Court's ruling and I will just draw your attention to some portion of the ruling.
    In referring to section 63 (d) of the Chieftaincy Bill, I have this to quote:
    “It is a much better outcome for this Court to strike down the offending legislation, and for Parliament itself, then to re-write the statute in the light of Supreme Court view.
    In our view, a statutory provision which limits itself to a chief's call within his or her traditional area, and provides a defence for a person who is called but has a reasonable excuse not to heed the call, would have a better chance of passing the constitutional test.”
    So, clearly, the Supreme Court, in str iking out section 63 (d) of the Chieftaincy Act, it went further to guide the House what to do. So, I will suggest -- and that comes back to the question that I posed -- What constitutes a harmful economic or social activity in the light of the provisions of article 19 (11) of the 1992 Constitution?
    They provided the guidelines for us to guide this House. They themselves agreed that it is for us to make a law. So, in the view of that, I will suggest to the Committee, to go back and look at those terms that they have introduced there and which have no definition and get the guidance of the draftsperson from the Attorney-General's Department to guide them, so that we can take the amendment at the proper stage.
    So, the matter is deferred.
    That brings us to the end of the Consideration Stage of the Chieftaincy (Amendment) Bill, 2013.
    Mr Agbesi 11:50 a.m.
    Mr Speaker, the Report of item 7 has been distributed to Hon Members. So, we can take this item 7.
    Mr Speaker 11:50 a.m.
    Very well.
    Hon Members, item 7 on the Order Paper -- Motion.
    Who is moving the Motion? Is the Hon Attorney-General and Minister for Justice here?
    Mr Agbesi 11:50 a.m.
    Mr Speaker, the Hon Minister for Foreign Affairs and Regional Integration.
    Mr Speaker 11:50 a.m.
    Very well.
    Mr Agbesi 11:50 a.m.
    I asked permission on behalf of the Hon Attorney-General and Minister for Justice, for the Hon Minister for Foreign Affairs and Regional Integration to move the Motion.
    Mr Agbesi 11:50 a.m.
    Hon Minister for Foreign Affairs and Regional Integration, item number 7 on the Order Paper.
    BILLS -- SECOND READING 11:50 a.m.
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 12:02 p.m.
    Hon Members, this brings us to the end of the Second Reading of the Bill.
    Mr Agbesi 12:02 p.m.
    Mr Speaker, the Hon Deputy Minister for Finance wants to withdraw an Instrument which was laid on the 19th of March, 2015 and titled:
    “Finance Plan for an amount up to US$1billion for the financing of domestic external debt and financing of 2015 Capital Budget”.
    With your permission and the indulgence of my Hon Colleagues, the Hon Deputy Minister for Finance would want to withdraw that and substitute with another one.
    Mr First Deputy Speaker 12:10 p.m.
    Very well.

    Deputy Minister for Finance (Mr Cassiel A. B. Forson) (on behalf of the
    Minister for Finance) 12:10 p.m.
    Mr Speaker, I rise to seek the leave of the House and of your goodself to accordingly withdraw the financing plan for an amount of US$1 billion for the refinancing of domestic and external debt and the financing of the 2015 Capital Budget.
    Mr Speaker, this was laid on 19th March, 2015 and the reason for the withdrawal is that, we have sighted some mistakes in the memorandum. We are going to submit a new one.
    Mr First Deputy Speaker 12:10 p.m.
    Very well. The leave accordingly granted and the follow-up order directing a particular committee to look at it is also accordingly withdrawn.
    Mr Agbesi 12:10 p.m.
    Mr Speaker, item 6 -- the Report of the Special Committee on the 2015 District Assembly Elections.
    Mr First Deputy Speaker 12:10 p.m.
    Item numbered 6, by the Chairman of the Committee.
    MOTIONS 12:10 p.m.
    Chairman of the Committee (Mr Dominic A. Azumah) 12:10 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Special Committee on the 2015 District Assembly Elections. Mr Speaker, in so doing, I wish to present the Report of your special Committee.
    Introduction
    Following the ruling of the Supreme Court on 27th February, 2015 on the Electoral Commission of Ghana and the conduct of District Level Elections on Tuesday, 10th March, 2015, the Committee of the Whole House met with the Chairman of the Electoral Commission, Dr Kwadwo Afari-Gyan to deliberate on the implications of the Supreme Court ruling and the way forward.
    A Special Committee made up of Chairpersons and Ranking Members of the Committees on Subsidiary Legislation, Constitutional, Legal and Parliamentary Affairs, Local Government and Rural Development and Special Budget was constituted to deliberate on the cancellation of the District Level Elections scheduled earlier to take place on 3rd March, 2015 and report.
    The Committee is grateful to the Chairman and his team as well as the representatives from the Ministry of Finance for their insightful inputs into the deliberations.
    Terms of Reference
    The terms of reference for the Special Committee were as follows:
    i. To examine the legal implications of the cancelation of the District Level Elections and its impact on the work of District Assemblies in Ghana.
    ii. The Committee was also to find out when the Electoral Commission would lay a new Instrument before Parliament and propose a new date for the conduct of the District Assembly Elections.
    iii. To examine the financial re- quirement for the conduct of the elections.
    Deliberations
    The Committee, Chaired by the Mr Dominic Azimbe Azumah (MP), met on 11th and 13th March, 2015 at the Speaker's Conference Room and deliberated on the referral.
    Legal Implication
    The Committee noted that the tenure of office of the current members of the Assemblies expires on the 14th March, 2015 and if no actionable step is taken, this could affect the smooth functioning of the Assemblies.
    The Committee, therefore, examined the various provisions of the 1992 Constitution of the Republic of Ghana and the various Acts of Parliament relating to decentralisation and local government and found that no provision is made to empower Parliament or the President how to deal with the current situation confronting our local governance administration.
    There has not been any precedence of this situation in Ghana since the commencement of the Fourth Republic to serve as a guide for the running of the District Assemblies.
    The Committee looked at the possible options available including the amendments of sections of the Local Government Act to enable the President or the Minister for Local Government and Rural Development extend the tenure of the current sitting members of the Assemblies.
    Chairman of the Committee (Mr Dominic A. Azumah) 12:10 p.m.


    Another option was for the President to appoint an interim management committee to manage the operations of the Assemblies until fresh elections were conducted and new members elected and sworn into office.

    After exhaustive deliberations, the Committee mandated the Minister for Local Government and Rural Development and the Attorney-General and Minister for Justice to deliberate on the matter and advise the Committee accordingly on Thursday 12 March, 2015 on the way forward.

    Financial Requirement for the Elections

    The Chairman of the Electoral Commission, Dr Kwadwo Afari-Gyan informed the Committee that the Commission will require an amount of ninety million Ghana cedis (GH¢90 million) to reorganise the elections.

    He further stated that the GH¢90 million consists of additional request of GH¢80 million plus an outstanding amount of GH¢10 million previously approved by Parliament for the aborted election, but was yet to be released by the Ministry of Finance.

    The Chairman of the Electoral Commission assured the Committee that if all the legal requirements were met within time and funds required were duly approved and made available, it was possible for the Distr ict Assembly Elections to be organised within a period of four (4) months, that is in July, 2015.

    The representative of the Ministry of Finance at the meeting assured the Committee that the Ministry was prepared to make funds available to the Electoral Commission for the conduct of the elections as soon as request was made.

    Laying of New Regulation

    The Committee was informed by the Electoral Commission that the Regulation for the conduct of the 2015 District Level Elections was completed and submitted to the Attorney-General and Minister for Justice for advice. The Commission was hopeful that the regulation would be submitted to the House by Tuesday, 17th March, 2015.

    Recommendations

    The Committee, having exhaustively discussed the issue that was referred to it, made the following recommendations:

    (a) The Attorney-General and Minister for Justice, Minister for Local Government and Rural Development and the Electoral Commissioner should as a matter of urgency submit to the House for consideration a C.I. that will govern the conduct of the 2015 District Level Elections.

    (b) The Minister for Finance should endeavour to release the necessary funds to the Electoral Commission for the conduct of the 2015 District Level Elections as early as possible.

    (c) While the Committee was awaiting a brief from the Ministry of Justice and Attorney-General and Ministry of Local and Rural Development as agreed during the first meeting of the Committee on the issue of vacuum created as a result of expiration of the tenure of office of the current Assemblies and to make recommendation to that effect to the House, the Committee's attention was drawn to a Daily Graphic publication of

    13th March, 2015 (back page) on Government's position directing that the Metropolitan, Municipal and District Chief Executives (MMDCEs) should perform the executive and the day-to-day administration of MMDAs until new Assembly members are elected.

    (d) The Committee, therefore, wishes to recommend to the Constitution Review Imple- mentation Committee to take note of the situation and to consider making the necessary recommendations to the House for the amendment of the

    Constitution to address the recurrence of a similar situation in future.

    (e) The Committee wishes to recommend to the House that Mr Speaker may consider recalling the House during the Easter break to enable the regulation meet the mandatory requirement of 21 Sitting days of Parliament for the timely conduct of the elections by the Electoral Commission.

    Conclusion

    Your Committee, therefore, presents its Report for the consideration and adoption of the House.

    SPACE FOR LIST OF COMMITTEE MEMBERS - PAGE 9&10 - 12.10P.M.
    Prof. G. Y. Gyan-Baffour (NPP -- Wenchi) 12:20 p.m.
    Mr Speaker, I rise to second the Motion.
    Mr Speaker, I would want to give some general comment on the issue and then I would expect Hon Members of the Committee who are from the various Standing Committees to fill in the details.
    Mr Speaker, I do not think the Committee was treated fairly at all by the Executive on this issue. Mr Speaker, if you look at page 3 of the Report, the last paragraph, it says:
    “After exhaustive deliberations, the Committee mandated the Minister for Local Government and Rural Development and the Attorney- General and Ministre for Justice to deliberate on the matter and advise the Committee accordingly on Thursday, 12th March, 2015 on the way forward.”
    Mr Speaker, the Committee was expected to meet with the Hon Attorney- General and Miniter for Justice, Hon Minister for Finance and the Hon Minister for Local Government and Rural Development in attendance.
    Mr Speaker, the only Ministry where a Minister actually showed up was the Ministry of Local Government and Rural Development and he was represented by the Hon Deputy Minister. Mr Speaker, the Hon Deputy Minister was economical on Government's position -- the way forward.
    Mr Speaker, the Hon Minister for Finance could not come; some representatives of the Ministry came. Mr Speaker, the Attorney-General's Depart-
    SPACE FOR LIST OF COMMITTEE 12:20 p.m.
    Mr Kobina T. Hammond (NPP -- Adansi Asokwa) 12:10 p.m.
    Thank you very much, Mr Speaker, for the opportunity to contribute.
    Mr Speaker, I have said on some occasions that the top echelon of the EC should have the moral obligation to step aside, step down, resign, and I do not make this statement Mr Speaker, very light.
    Mr Speaker, quite a few developments had taken place in this country, which give the impression that the EC is not
    taking its responsibilities serious. Mr Speaker, there is this Supreme Court decision, which really ignited what we are doing today and that is the Benjamin Ayi- Mensah and the Electoral Commission matter.
    Mr Speaker, anybody taking a casual glance at the judgement of the Supreme Court, comes to the very firm and indeed, sad conclusion that, how has the EC been serving this country? Mr Speaker, because in reality, if the EC knew what their functions are and if they had known that from the inception of the 1992 Constitution, we would not be in this crisis, to start with.
    Mr Speaker, just have a look at page 4 of the Supreme Court's judgement and it simply says that, looking at article 51of the Constitution, which the EC must have known in any event, that there must have been some Constitutional Instruments to enable them conduct the elections in respect of the District Assemblies.
    Mr Speaker, effectively, what it means is that, all the District Assemblies Elections that have been conducted in this country are illegal, because according to the Supreme Court, this is the parent law which would have been enacted by this House. They did not care; they did not bring these things to this House for us to work on.
    Mr Speaker, just look at the judgement and see what happened. The Supreme Court suggests that whoever represented the EC in the Supreme Court made one point and when the Supreme Court took it up, the person re-countered, went on to another point. The Supreme Court raised an issue, he retracted from that. The case was adjourned to the following day. Another matter came up and when whoever it was, was challenged, he withdrew --
    Mr First Deputy Speaker 12:30 p.m.
    Hon Member, you have a good point there, but we are looking at the way forward.
    Mr Hammond 12:30 p.m.
    Mr Speaker, I would be doing that.
    It is essentially this kind of representation by the EC -- how come that they did not know from 1992? Reading this Constitution with a cursory eye, they had to put some Constitutional Instruments in place to enable us make the progress that we are talking about today.
    Mr Speaker, we are actually going to be faced with a little more difficulty. We are talking about the District Assembly Elections and it has brought us here today and there were some recommenda- tions that Parliament should be recalled during recess and indeed, another one was suggesting that -- I think it is recommendation (d), that this House should make a recommendation for a Constitution review.
    Mr Speaker, we would not do any such thing. There is no need to call on this House to recommend any constitution review. This is because, if we had done the simple thing in article 51, all these things would not have come up.
    But the more grievous matter I am bringing to the attention of the House is that, this same Supreme Court, with respect to the lackadaisical attitude of this same Electoral Commission (EC), has ruled recently that all those who registered using the National Identification Authority (NIA) card did so illegally.
    Mr Speaker, at the Inter-Parliamentary Advisory Committee (IPAC) meetings and every forum, the EC is resisting the temptation to open, conduct and collate a new register, when the Supreme Court has
    ruled clearly that what they did originally was wrong. They are forcing to go ahead with that same register into the next election.
    Mr Speaker, this country is going to be plunged into massive chaos, all because of the intransigence of the EC. What has this country done to this EC?
    It is scandalous; it is sad. They simply do not listen to anything. They have some sort of independence, but independence should be put to good use for the good of the country and not to create some cacophony for the country.
    How can the Supreme Court rule that, that act -- Indeed, if somebody had gone to court before the 2012 General Elections, the Supreme Court would have declared the electoral register to be invalid. We have the benefit of doubt and simply, the EC is saying that irrespective of the clear ruling by the Supreme Court, they would not open a new register. They are treating the country with -- they are just not being fair to the country.
    We already have GH¢317 million debt we are talking about and there is a request for GH¢90 million -- considerable financial loss and we just look at them. Somebody should tell them to resign. I have realised they cannot be sacked. So, they should resign to spare this country the ignominy of what we are going through. Today, this, tomorrow that -- Mr Speaker, I invite the House to take a look at the judgement of the Supreme Court. How do you give up district representation in this country?
    Mr Speaker, we would not recommend -- I object very strongly to the recommendation by the Committee that there should be a Constitution review. There would be no such Constitution review. And the suggestion is that, we should be called back during the recess. Mr Speaker, kindly, do not call us back. This is because if you do, we would be very unhappy.
    The EC does not even respect the House. Look at item number (c) on page 6. While the Hon Attorney General and Minister for Justice, the EC and all of them met with your Committee to deliberate on the matter and they were to come back and report, all they heard was that -- Daily Graphic Report, page whatever, it was there, but they had already taken a decision.
    This is how the EC of this country is conducting its affairs and it is not right. We should say it now and clearly, in a very crystal form to the EC, that we are very disappointed at the way they are running the country. We would not let them plunge this country into confusion and discourse, come next year's very serious elections.
    They should take their work serious and heed the advice of the Supreme Court of Ghana, which ruled recently, that they could not use the electoral register they now have for that election. And so, they should start doing the right thing. What they do is that, they hold on and dilly dally and do all sorts of things till the eleventh hour and fifty-ninth minute and they plunge all of us into some wishy washy development.
    Mr Speaker, look at what happened at the last election year. At the very last minute, the creation of new constituencies here and there --
    Mr First Deputy Speaker 12:30 p.m.
    Hon Member, you have had enough time.
    Mr Hammond 12:30 p.m.
    Mr Speaker, I am winding up.
    My point is that, we should call on them to do the right thing and we should not adopt the recommendation indicated in
    items (b) and (c) of the Report and indeed, quite a lot of them. We should get them to do the right thing.
    Thank you, Mr Speaker.
    Mr First Deputy Speaker 12:30 p.m.
    Very well.
    Mr Joseph Yieleh Chireh (NDC -- Wa West) 12:30 p.m.
    Thank you very much, for the opportunity.
    Mr Speaker, I think that as an Hon Member of the Committee, we looked at the things and made these recommendations. Of course, the concern that the District Chief Executives (DCEs) can handle the Assemblies until the elections are held, people are worried about it. But that is the most prudent thing to do. This is because if you look at the District Assemblies themselves, they meet three times in a month and so, they are not a standing assembly which executes. No! They come, approve certain things which are implemented.
    So, what is important again, is the vigilance for the Ministry of Local Government and Rural Development to monitor exactly how these things are being implemented. They have already approved their budgets and some projects and they would be implementing them. That is exactly what the Presidency is asking the DCEs to do. I do not see any problem with that. In terms of all what we are talking about, yes, the EC could have made an administrative mistake. Who in this country would not have done something once when he was in office that would not be all good?
    What I am saying is, whatever it is, we do not just take one event and say that event nullifies all the good things the person has done. That, in my view, is not the way to argue. We have to assess and apportion responsibility appropriately. Is it only the EC we should be blaming?
    Mrs Gifty Eugenia Kusi (NPP -- Tarkwa-Nsuaem) 12:40 p.m.
    Mr Speaker, I thank you for the opportunity to contribute to the Motion on the floor to adopt the Report of the Special Committee.
    Mr Speaker, first of all, there is something which I would want to draw your attention and that of this House to, the fact that Hon Members of the Committee -- the list of eight Hon Members with no female. Mr Speaker, so next time, let us consider that there are not only males here; we have females as well. And that is just by the way --
    Mr First Deputy Speaker 12:40 p.m.
    Hon Member, point well taken.
    Mrs Kusi 12:40 p.m.
    Mr Speaker, thank you very much.
    Mr Speaker, I would also want to say that it is true that we have this problem. But Mr Speaker, there are certain problems in this world which we can avoid. If we are careful and responsible enough, we would not plunge people into debt. This
    country is now plunged into a debt of GH¢90 million again. Mr Speaker, we should all try as much as possible to do the work that we have been entrusted to do. We should sit down and then plan, and then read all the laws because we can be doing this thing all over the years -- but we may not even read the laws governing the work that we have been assigned to do.
    Mr Speaker, we know that elections have been held; we know that we have to lay Legislative Instruments (LIs). Mr Speaker, I remember very well that before we went on the last recess, we were made to stay in for so many days just for this LI to mature and only one day that we had to wait to open nominations, these things happened and here we are.
    Mr Speaker, the last District Assembly Elections which were held last four years, were done on a “tot-to-tot” basis -- little by little. Some constituencies and electoral areas will have it today, others -- So for two weeks, we were having elections; something which could have been done in one day. We all spoke against it and we knew that we were going to take a cue from what happened the last time.
    I remember very well, because I am the Hon Member whose constituent took the case to court, that they wrote to them on three occasions to remind them that what they were doing was unconstitutional and it fell on deaf ears.
    Mr Speaker, they are now asking us to stay during the Easter holidays for the same LI, for which we stayed during the last holidays when we had to go on recess -- We are being called to stay again. Mr Speaker, it is so painful.
    We all have our programmes to follow; we all have constituencies to work with. So, if a Commission will not do its work and then ask us as Parliament of Ghana to stay back, I think the Electoral Commission should be cautioned, that it should never happen again. It should be the last time we will be called upon to stay. Whoever is assuming duty, as I hear Dr Afari Gyan is going on retirement this year, should do his work well and should know that Members of Parliament are not there just to be pushed anyhow.
    Mr Speaker, it can never happen in this country. We do not have to support this and if people are talking, we should allow them to vent their spleen. It is something that should not be entertained; we should all know. We are being called upon to stay again.
    Mr Speaker, I think that if we say we are not staying, Ghanaians will say that “look at the Members of Parliament, they are not patriotic and do not love Ghana”. But we are being treated the way that we should not be treated.
    Mr Speaker, I think that I support my Hon Colleague that we should approve this Report but we should do that with caution; we should not approve everything. We cannot suffer because of somebody's negligence.
    Mr First Deputy Speaker 12:40 p.m.
    Hon Member, you spoke about the gender balance issue. You would remember that in constituting the committee, we looked at the Chairmen and Ranking Members of a number of committees. So, if it turns out that we do not have any woman on what was used to constitute the committee, I do not think you can blame anybody for it. We had to use the Chairmen and the Ranking Members of the various committees to take care of them.
    Yes, Hon Member for Effutu?
    Mr Alexander K. Afenyo-Markin (NPP -- Effutu) 12:40 p.m.
    Mr Speaker, I am grateful for the opportunity to make a contribution to this Report.
    Mr Speaker, I particularly note with great concern what the Committee has said at paragraph 3.1, page 2 of the Report. Mr Speaker, the impression is created that the tenure of Assembly members expired on the 14th of March, 2015. The Committee goes further to say on the same page 3 that they have gone through the Constitution and it appears that there is no provision to empower Parliament and the President how to deal with the current lacuna.
    But Mr Speaker, I have also read the Constitution; I have equally gone through Act 462 and I beg, with your leave, to disagree with the position taken by the Committee.
    Mr Speaker, article 246 (1) says and with your kind permission, I beg to quote 12:40 p.m.
    “Elections to the District Assemblies shall be held every four years except that such elections and elections to Parliament shall be held at least six months apart.”
    Again, Mr Speaker, with your leave, I go further to article 246 (2), which says:
    “Unless he resigns or dies or he earlier ceases to hold office under clause (3) of article 243 of this Constitution, the term of office of the District Chief Executive shall be four years; and a person shall not hold office as a District Chief Executive for more than two consecutive terms.”
    Mr Speaker, one, the composition of an Assembly is made up of the elected members, the appointees and the DCE. Of course, the Presiding Member is elected among the Assembly members. Now, we
    also have ex-officio members who are our goodselves, who of course, do not have the right to vote. So, the Constitution has made express provisions for the tenure of the DCE, which is four years. But Mr Speaker, the Constitution is silent on the tenure of Assembly members. It says that elections are to be held every four years.
    So, Mr Speaker, where elections are unable to take place by certain exceptional circumstances, as we have just experienced, it cannot be interpreted that the Assemblies' tenure ceases to exist. I hold a different view. Purposively, the Constitution must be interpreted in such a manner that gives room for creative understanding of the provision so therein. If you look at the side notes which guide or which are aid to interpretation, they talk about term of District Assemblies.
    So, for the Committee to conclude that the tenure of the Assembly has come to an end by calculating from when they were sworn in, Mr Speaker, that is a far inelastic departure because the Constitution does not say so. It talks about elections being held every four years so the presumption is that, once the elections are to be held every four years. So, impliedly, their tenure will end; I agree.
    However, where there is an emergency or a situation as a result of logistics and Electoral Commission is unable to hold elections exactly at the fourth year, what happens? We cannot say, for the purpose of constitutional accountability and transparency, that the District Chief Executive should take control of the Assembly. No! I think that we should interpret that provision purposively. This is because the inability of the EC to hold elections has been occasioned by a Supreme Court ruling.
    I do not want to belabour what has been said earlier by very experienced Hon Members of this House and we know the attitude and impunity of the EC. I do not
    want to add to any superfluousness of what has already been said.
    So, Mr Speaker, for the purposes of our democracy, I believe that since we know that arrangements are being made within the next two or three months for the elections to be held -- By the way, the last elections were held in December 2010. So properly, if we are talking about the strict four years, it means that the EC should have held the elections in December 2014 to really interpret that four years as we want to so do.
    But for them to have scheduled to hold the elections in March and for the Supreme Court to have intervened in the manner they did to protect this our democracy, I believe and I hold the view and I invite this House to join me in holding same, that purposively, interpre- ting article 246, the Assembly members must remain in office until the elections are held because the situation is such that within two or three months --
    Mr First Deputy Speaker 12:50 p.m.
    Hon Member, do you realise that you are talking about the interpretation of the Constitution and that is not our mandate? [Interruption.] That is not our mandate.
    As much as possible, we will want to find out how best we can forge ahead. But if it comes to the interpretation of the Constitution, the Supreme Court is available for that to be done. I just want to draw your attention to that.
    Mr Afenyo-Markin 12:50 p.m.
    Mr Speaker, unfortunately, the submissions I am making, perhaps, are being misconstrued. I do not want to say that Mr Speaker is getting me wrong but we are here to share our views.
    I am making this submission and I am routing it on the position of the Committee. The Committee has said in express terms, that they did not find any such provision in the Constitution. This is their position. I am disagreeing by saying that there is a provision that has an implied implication. I am not interpreting it -- I am not constituting myself into a court; no, and I am not saying that this platform is a court. But in discussing this matter, I am drawing attention of this House to the fact that there is a provision, which must be looked at.
    So, Mr Speaker, to say that this is not the right forum, with the greatest respect, I beg to disagree with you.
    Mr First Deputy Speaker 12:50 p.m.
    You are free to disagree with me but the point is this, that there is a constitutional provision you are interpreting in a certain manner. Is that alright? All that I am doing is to draw your attention to the fact that we do not have that mandate, please. [Interruption.]
    Are you through with your submission?
    Mr Hammond 12:50 p.m.
    I thought you gave me the chance to make my point of clarification.
    Mr Speaker, please, clarify this for us. The Hon Member has taken the Report, read it and identified a specific portion in the Report and says that, at least, by his understanding of the constitutional provision which relates to it, that paragraph should not have been there. Mr Speaker, was it your suggestion that he cannot do that?
    Well, I do not understand. Mr Speaker, what is your ruling?
    Mr First Deputy Speaker 12:50 p.m.
    All I am saying is that, the Committee has given a certain view. He holds a contrary view. We cannot determine who is right. That is the point.
    Mr Afenyo-Markin 12:50 p.m.
    Mr Speaker, so back to my very point.
    My view is that, there are provisions in the Constitution to address the current challenge we seem to find ourselves.
    But that notwithstanding, I commend the Committee for a good job done. What is not too clear is the directive which has been given by the Ministry of Local Government and Rural Development to the various District Chief Executives or the Metropolitan Chief Executives or Mayors, that they should manage the Assemblies. Mr Speaker, that is a very serious matter.
    Mr Speaker, it means that within these two or three months, anything at all can happen and this is something that I expected the Committee to have had a second look at. It appears that they were totally silent on this very important matter.
    Mr Speaker, perhaps, I was not in the House. I have checked the records. I have not come across any briefing by the Hon Minister for Local Government and Rural Development to this very House. If I am wrong, Mr Speaker can correct me. This is an important matter which has compelled Mr Speaker to constitute a Committee to sit and to deliberate.
    It cannot be said that the Minister or Ministry of Local Government and Rural Development could be sitting somewhere and issuing directives, when Mr Speaker is even drawing my attention to a constitutional matter that perhaps, requires a Supreme Court's intervention to settle it once and for all.
    rose
    Mr First Deputy Speaker 12:50 p.m.
    Yes, Hon Deputy Minister for Water Resources, Works and Housing, are you up on a point of order?
    Mr Sampson Ahi 12:50 p.m.
    Mr Speaker, I believe that the directive given by the Ministry of Local Government and Rural Development was specific. It was that District Chief Executives can continue with the day-to-day running of the Assemblies. Even when we have the Assembly members in place, the day-to- day management of the Assemblies is left in the hands of the Distr ict Chief Executives.
    The directive also went further to say that the legislative functions of the Assemblies should be suspended until we have new District Assemblies in place. So, I do not see anything wrong with the directive.
    Mr First Deputy Speaker 12:50 p.m.
    Yes, Hon Member for Effutu, can you begin to wind up?
    Mr Afenyo-Markin 12:50 p.m.
    Mr Speaker, that is where we have a problem. He is at the Ministry of Water Resources, Works and Housing and he is saying that the directive was specific on certain things that this House is not privy to. So, if I am making a submission which is unsupported, to him, by a specific documentary evidence, it is the cause of the Executive.
    They have taken Parliament for granted. [Interruption.] We are here to scrutinise and oversee. With some of these issues, this is the very platform. This is the only forum to consider -- The Minister for Local Government and Rural Development has failed to come to this House to brief us on what the way forward is. They have failed, Mr Speaker.
    The Vice President issued the directive somewhere and asked for the opinion of the Attorney-General and Minister for Justice. We do not know what that opinion was. Whether officially, a referral was even made to him at all, we do not know but he is here saying that the directive was specific. I beg to disagree with him. That was not the case. It was a general directive that they should manage the Assemblies and that --
    Mr First Deputy Speaker 12:50 p.m.
    Hon Member, you have said enough on that issue. Please, wind up and then let us get somebody else to contribute.
    Mr Afenyo-Markin 12:50 p.m.
    Thank you, Mr Speaker. [Pause.]
    Since my Hon Colleague insists on what the content of the supposed directive, I would want to take your leave to direct him to table that directive because it is very important.
    I am submitting that, that directive does not help our democracy. The Minister for Local Government and Rural Development has sat in his office -- we do not know whether he acted on the advice of the Attorney-General and Minister for Justice -- and has made his own interpretation and given directives without recourse to this House. So, for the Hon Deputy Minister to get up and justify it, he must have a basis --
    Mr First Deputy Speaker 12:50 p.m.
    Hon Member, you time is up.
    Mr Afenyo-Markin 12:50 p.m.
    So, Mr Speaker, to conclude --
    Mr First Deputy Speaker 12:50 p.m.
    Your time is up.
    Mr Afenyo-Markin 12:50 p.m.
    Very well, Mr Speaker. I do not want to disobey you.
    Once you say my time is up, I take a cue. I will sit down and come again next time.
    Mr First Deputy Speaker 12:50 p.m.
    Very well.
    Hon Member for Shai-Osudoku?
    Mr David Tetteh Assumeng (NDC -- Shai-Osudoku) 12:50 p.m.
    Mr Speaker, I rise to support the Motion and to say that this difficulty that we find ourselves in this country could have been avoided. In my view, I believe that the communication between Parliament and the Electoral Commission should be strengthened because when we were going through the Report, the signs were on the wall that we were going to run a difficulty. So, in my view, I thought Leadership and the Electoral Commission would have gone into some consultation to avert this problem.
    Mr Speaker, I say so because, Hon Members of Parliament are granted the opportunity or permission to embark upon their businesses outside Parliament. So, I think that there should be a guideline, that when Hon Members are given the opportunity to operate outside Parliament and for that matter, their businesses, they should be able to strengthen their communication with Leadership.
    I say this because the problem that came up emanated from here. This is because whoever defended and whoever took the matter to court, came from this place. So, I am saying that we should also --
    Mr First Deputy Speaker 1 p.m.
    Hon Member, I think it is the person's right to take a matter to court when approached by a client. I do not think that we should lay that at the doorstep of this House.
    Mr Assumeng 1 p.m.
    Mr Speaker, I thank you for the directive.
    I am just saying that let us strengthen the communication between Parliament and the Electoral Commission (EC). Signs were on the wall that, we were going to run into a difficulty and we could have one way or the other averted that problem. We could have saved the nation this GH¢317 million that has gone into -- [Interruption.] --
    I have not mentioned anybody's name.
    It could have been avoided.
    So, Mr Speaker, let us strengthen the communication between the EC and Parliament. I stand by that because, a whopping sum of GH¢317 million could have done a lot for this country --
    Mr First Deputy Speaker 1 p.m.
    Hon Member, do not forget the fact that, it is an independent institution and we only have an oversight responsibility. We cannot be interfering in their activities that much.
    I just want to draw your attention to that.
    Mr Assumeng 1 p.m.
    Mr Speaker, I am talking about communication -- [Interruption]
    rose
    Mr First Deputy Speaker 1 p.m.
    Yes, Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, to the earlier statement made by the Hon Colleague, did I hear you request him to withdraw it? -- [Interruptions.]
    Mr Speaker, I would want to know what your ruling was -- that he should withdraw it? I believe it is too serious a statement to be even allowed to be captured in the Hansard. That portion should be expunged.
    Mr First Deputy Speaker 1 p.m.
    Very well.
    My directive was for him to become aware of the fact that, it is an independent body. But we can go further and ask him to withdraw that portion of his submission, so that the records would be straightened.
    Hon Member for Shai-Osudoku?
    Mr Assumeng 1 p.m.
    Thank you.
    Mr Speaker, because I said he came from the House, maybe, that could be an issue that may relate to the House and I take that back. I still stand by the fact that we should talk among ourselves; let us dialogue on issues and I believe that in doing so, we would be able to avoid some difficulties.
    I think that a whopping sum of GH¢317 million could have easily been saved.
    Mr Speaker, yesterday, I was in the Assembly in Dodowa and met the Assembly members who filed their Papers but could not go through the process. I saw on their faces their disappointment and I think it is an issue of worry to all who filed their nominations to contest in that election. So, I believe that, we should find a way of solving some of these problems, so that people could listen to one another.
    I seem to share some of the points raised by the Hon K. T. Hammond because I think that we could easily have avoided some of these problems and saved this nation what we have just lost.
    On this note, I thank you for the opportunity.
    rose
    Mr First Deputy Speaker 1 p.m.
    Thank you very much.
    Yes, Hon Member, you have been up several times. Let us hear you.
    Mr Boamah 1 p.m.
    Thank you very much, Mr Speaker.
    I would want to draw your attention to article 298 of the Constitution -- the side notes reads:
    “RESIDUAL POWERS OF PARLIA-
    MENT .”
    Mr Speaker, with your, permission I would want to read 1 p.m.
    “Subject to the provisions of Chapter 25 of this Constitution, where on any matter, whether arising out of this Constitution or otherwise, there is no provision, express or by necessary implication of this Constitution which deals with the matter, that has arisen, Parliament shall, by an Act of Parliament, not being inconsistent with any provision of this Constitution, provide for that matter to be dealt with.”
    Mr Speaker, the issue before us is with regard to the vacuum and the directive that the Hon Minister has given and in relation to what has transpired. I believe Parliament as an institution, has the power, looking at the provision of the Constitution, to come out quickly with clear guidelines in an Act of Parliament to deal with such a situation.
    That is my humble submission.
    Thank you very much.
    Mr First Deputy Speaker 1 p.m.
    Thank you very much.
    Nii Lantey Vanderpuye, you are with the Ministry of Local Government and Rural Development. Can we hear you?
    Edwin Nii Lantey Vanderpuye (NDC -- Odododiodioo) : Mr Speaker, I thank you very much for this opportunity.
    I believe as legislators, we should understand one thing, that we have a Constitution in this country, which
    dictates how the country is run. I am happy my Hon Colleague on the other side has mentioned an article in the Constitution, but I would want to refer my Hon Colleague and all other Hon Members who have spoken, to two articles in the Constitution -- articles 243 (2) (b) and also 246.
    While article 243 deals explicitly with the functions of the District Chief Executive, article 246 deals with the tenure. Mr Speaker, with you permission, I would want to read:
    “There shall be a District Chief Executive for every district who shall be appointed by the President with the prior approval of not less than two-thirds majority of members of the Assembly present and voting at the meeting.
    (2) The District Chief Executive shall --
    (a) preside at meetings of the Executive Committee of the Assembly:
    (b) be responsible for the day-to-day performance of the executive and administrative functions of the District Assembly; and
    (c) be the chief representative of the Central Government in the district.
    Mr First Deputy Speaker 1:10 p.m.
    Order! Order!
    Hon Member, I think you will have to retract “he claims to be a lawyer” -- It is as if he is not a lawyer, indeed. Please, retract it with an apology.
    You referred to somebody claiming to be a lawyer. It means that the person is, indeed, not a lawyer.
    Nii Lantey Mr Vanderpuye: Mr Speaker, I believe seriously that I am saying this in the context of what my Hon Brother said. I am saying that, I believe that the person who claims to be a lawyer should not be asking me the relevance of what I am saying.
    Well, Mr Speaker, I withdraw --
    Mr First Deputy Speaker 1:10 p.m.
    With apology.
    Nii Lantey Vanderpuye: I withdraw it and apologise to my Hon Colleague for claiming that “he claims to be a lawyer.”
    Mr First Deputy Speaker 1:10 p.m.
    Yes, Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, in my view, this retraction is no retraction. He said that he was withdrawing it and apologising, but he said that it was not what he had said that he was withdrawing; that he was “claiming to be a lawyer”. What kind of apology is this, and what kind of withdrawal is that?
    Mr Speaker, I think that language is very offensive. It is not the claim that he is making. He is indeed, a lawyer -- a legal practitioner. So, I would urge my Hon Colleague to holistically and unreservedly withdraw it and apologise properly.
    Mr First Deputy Speaker 1:10 p.m.
    Hon Minority Leader, I thought I heard him say that he had withdrawn what he said, relating to the fact that, the person claims to be a lawyer and he has also apologised in addition. So, why do we not let the matter rest?
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, if the Chair deems it as appropriate, but I thought the construction -- the language and tenor of the construction were not remorseful at all. So, I thought that he should abide by the ruling and wholeheartedly and reservedly withdraw it and apologise and that will resolve it. This is because, even in coming up to withdraw it, he repeated a similar statement.
    Mr First Deputy Speaker 1:10 p.m.
    Yes, Hon Deputy Minister?
    Nii Lantey Mr Vanderpuye: Mr Speaker, the Ministry of Local Government and Rural Development, if Hon Members would refer to the message sent through the Regional Co-ordinating Councils (RCCs) did not give a directive. The Ministry of Local Government and Rural Development only drew the attention of the RCCs to the expiration of the term of office of Assembly Members, and not the expiration of the Assembly.
    The Assembly is composed of members elected and an appointee, Government workers, District Chief Executives, District Co-ordinating Directors and Members of Parliament (MPs). That is why in the same Constitution, the article 241 (3) says that:
    “Subject to this Constitution, a District Assembly shall be the highest political authority in the district, and shall have deliberative, legislative and executive powers.”
    Papa Owusu-Ankomah 1:10 p.m.
    On a point of order.
    Mr Speaker, this is really on the question of matter of relevance.
    Mr Speaker, we are dealing with a Report by this House on the way forward. We may have different opinions when it comes to certain provisions of the Constitution. I do not think you are in the Chair to interpret the Constitution. So, respectively, if the Hon Deputy Minister for Local Government and Rural Development would not belabour this point, in my opinion, it would help us.
    Mr First Deputy Speaker 1:10 p.m.
    Thank you very much.
    I share in your view because we are looking at the way forward.
    Yes, Hon Deputy Majority Leader?
    Mr Agbesi 1:10 p.m.
    Mr Speaker, I think that we need to be fair to everybody.
    When my Hon Colleagues on the other side got up, they quoted the Constitution. If the Hon Deputy Minister also decides to make his point by quoting the Constitution, in my opinion, he is right on his point.
    Therefore, if the Hon Deputy Minister also thinks that, quoting the Constitution is what would give him his point, in my opinion, for the fact that he said it is for relevance, yes.
    Now, we are looking at the Report, yes, but the Hon Deputy Minister was right in quoting the Constitution.
    Mr First Deputy Speaker 1:10 p.m.
    Hon Deputy Majority Leader, we are not saying that the Hon Deputy Minister is wrong in quoting the Constitution. All that the Hon Member is saying is that, we should concentrate on the way forward, as much as possible.
    Yes, Hon Deputy Minister?
    Nii Lantey Vanderpuye: Mr Speaker, I would want to agree with Hon Members of this House, that as a country, we should look at the way forward in resolving some of these problems when they crop up. I would also say that but we were guided by the powers vested in the Assemblies by the Constitution, that was why we acted that way.
    But I also plead that, in all situations in the country, we would all be guided by the way forward, so that the country would develop.
    Mr First Deputy Speaker 1:10 p.m.
    Thank you very much.
    Yes, Hon Member for Sekondi?
    Papa Owusu-Ankomah (NPP -- Sekondi) 1:10 p.m.
    Mr Speaker, I am happy that, at long last, Parliament is having the opportunity to debate the way forward as regards the Constitutional ban to the holding of the Distr ict Assembly Elections.
    Mr Speaker, as regards the composition of the District Assemblies, the powers of the Distr ict Assemblies, the Chief Executive, et cetera, I am sure we could all engage in the debate. But I believe, as one of the Hon Members who brought this matter up for the consideration of the House, I am more interested in how as a Parliament, we could resolve the lacuna that has been brought into being by the decision of the Supreme Court in the inability of the Electoral Commission to organise the District Assembly Elections.
    I believe this is the first time in the history of the country that we are faced with this situation.
    But it is also important Mr Speaker, to emphasise that, when it comes to the representation, it is fundamental to democratic governance. District Chief Executives could be in place, but if an Assembly properly constituted is absent,
    Papa Owusu-Ankomah (NPP -- Sekondi) 1:10 p.m.


    then it means that, the Chief Executive virtually has the overall power to take whatever decision he deems fit. We are ex-officio members of the Assembly. We could only take part in the business of the Assembly in the Assembly's meetings. We cannot take part in the administration of the Assembly.

    We could only make suggestion to our District Chief Executives. But they are not bound to take our suggestions. So, it is important that as a House, we recognise the seriousness of this matter in respect of the constitutional governance of our country at the Assembly level and to see how best we could resolve this matter, so that we could have representation at the Assembly level as soon as possible.

    Mr Speaker, from the Report, all the major recommendations for purposes of the urgency of the situation, it is for Parliament to Sit for 21 days, and as it were, get the Regulations passed. But I think that the exigencies of the moment would not be met with this recommendation because, between now and the holding of the next Assemblies and the inauguration of the Assemblies, there would be no representation.

    In my view, Parliament must find a way to get representation at the Assembly until all these Constitutional Instruments (C.I.s) become law.

    So, I ask, as a House, faced with this situation, could we not meet the present challenges? I believe that we can and the Hon Member for Okaikwei Central has referred us to this article of the Constitution. We have never exercised our powers under that particular article of the Constitution and I believe that the time is now, so that we do not have a situation where it is a Chief Executive sitting in the Assembly taking decisions, even how monies should be used without any Executive Committee, and without any

    input from the representative of the people.

    So, if it will be possible, let us extend the life of the District Assemblies until we hold the elections. I am even proposing that, while accepting the Report, we should take a decision that in principle, we believe in extending the life of the Assembly fully constituted until elections are held and the Assemblies are inaugurated.

    This is because, this is an exceptional circumstance -- totally unforeseen but that is why we are representatives of the people.

    Mr Speaker, I believe that while accepting this Report, if the House agrees with me, we would be making a great step forward in the constitutional development of our country.

    Thank you, Mr Speaker.
    Mr First Deputy Speaker 1:20 p.m.
    Thank you very much.
    Yes, Hon Deputy Majority Leader?
    Mr Agbesi 1:20 p.m.
    Mr Speaker, we all agree that there is a problem which we have never faced under this Constitution before. So, what do we do and what is the way forward? Hence, the Committee that has brought this Report.
    Mr Speaker, to a great extent, I do not agree with the Committee that they went through the Constitution and the various Acts of Parliament and they could not find any provision which would empower Parliament to take immediate action to try to solve the problem we are facing. Colleague Members of Parliament have mentioned, that there is a provision in the Constitution which Parliament could come under to take care of what is happening here.
    Mr Speaker, without mentioning those articles and provisions, an Hon Colleague has just mentioned that when there is no provision, Parliament has the power to come by a way of an enactment to fill the gap that has been created. I was thinking that, Hon Members would have gone further to suggest that in order to solve the problem, this House, if we have the power so to do, Sits throughout the night and enact that law to solve the problem that has been created in the districts. But all of us are just going by it. What do we do?
    Mr Speaker, in the meantime, the Executive, through the Ministry of Local Government and Rural Development does not want any vacuum to be created, so, they came and said that, until elections are done, the Chief Executives should take charge. Some may agree, others may disagree but if we do not, what do we do when we do not even suggest that we Sit throughout the night and pass the law? We are questioning the reasoning of the Executive in asking the Chief Executive to stay on and solve this problem.
    Mr Speaker, I would say and I would agree with the Executive totally, that the directive they gave, that the Chief Executives in the meantime must hold the Assemblies until elections are done, is proper, legal and is supported by the Constitution and I urge all of us to support it.
    Mr Speaker, we are saying by this Report that suggestions have been made, that Mr Speaker should recall Parliament or Parliament should continue to Sit for 21 days for the Legislative Instrument (L.I.) to mature.
    Mr Speaker, these are all suggestions. Until those things are done, we do not want to have a vacuum. Hence, I support the Ministry in coming up with the interim management until the elections are conducted.
    Mr Speaker, I urge that we should support this Report but to go further as my Hon Colleague, Papa Owusu-Ankomah has said, to suggest that in the meantime, Parliament should take an immediate action under the Constitution and enact a law, which would then pave the way for elections to be done, else the Assembly members whose term has expired, should continue until elections are conducted.
    Thank you, Mr Speaker, for the opportunity.
    Mr First Deputy Speaker 1:20 p.m.
    Thank you very much.
    Yes, Hon Minority Leader?
    Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 1:30 p.m.
    Mr Speaker, thank you very much for the opportunity to speak to the issues contained in this Report of the Special Committee on the District Assembly Elections, 2015.
    Mr Speaker, first of all, I think on the terms of reference, the first one on page 2:
    “To examine the legal implication of the cancelation of the District Level Elections and its impact on the work of District Assemblies in Ghana.”
    Mr Speaker, I think if this is taken from the ruling of the Supreme Court, the effect of the ruling was that the processes leading to the conduct of the District Level Elections were what was intended to be stopped by that ruling. It is not the elections itself, even though I know that ultimately, it would affect the elections, which have been slated by the Electoral Commission for March 30th, 2015. So, that was the distinction that I wanted to make.
    Mr Speaker, the second matter relates to the mischief Parliament intends to cure by this resort. The Committee that was
    Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 1:30 p.m.


    set up in December, 2009, when the elections became due and the Assemblies were dissolved, clearly, by the report of the Auditor-General, we saw subsequently a lot of financial malfeasance. So we thought the remit of the Committee would be to advise how to prevent the malfeasance that occurred between December, 2009 and March, 2010 when new Assemblies came to be sworn in after the dissolution of the previous one in December.

    Mr Speaker, the other matter is what was raised by my Hon Colleague, the Member from Sekondi, when he said that underpinning this effort should be what should be done to continue democratic governance at the local level. That is the business of having the grassroot people being represented democratically at the level of local governance.

    Mr Speaker, so, these are the matters that I thought should concern the Special Committee.

    Mr Speaker, we have been reminded of the correctness in the directive given to the District Chief Executives (DCEs) to continue in office until the election and swearing in of the new Assembly members.

    Mr Speaker, I would like to suggest that it cannot be correct that all of them should have that blanket cover. The reason being that, the constitutional provision that the Hon Deputy Minister pointed to, in respect of article 246 and Mr Speaker, I would like to read this for emphasis:

    “(2) Unless he resigns or dies or he earlier ceases to hold office under clause (3) of article 243 of this Constitution, the term of office of the Distr ict Chief Executive shall be four years;…”

    Mr Speaker, some of these District Chief Executives continued in office in March, 2010. As soon as the new Assemblies members were sworn in, they were nominated and confirmed by the Assemblies and they started operating, some of them late March and others in April of 2010.

    It would mean that one month after the expiry of that Assembly, their own terms have also come to an end under the Constitution. So, if an Hon Deputy Minister issues a fiat, that they should continue in office, Mr Speaker, it would be for those of them in that category. That directive -- I hope the Hon Minister is listening to me?

    That directive would offend the Constitution. He does not have any feet at all and he is quoting the Constitution to some of us, and he is saying to somebody, that person “claims to be a lawyer”. He is totally in breach of the Constitution by what he did.

    At the moment, he may not be in breach, but Mr Speaker, I am telling him -- Hon in-coming Minister, you understand? I saw you nodding. What he did -- And for now, no, but I am suggesting to them that, those of them who were sworn in late March, 2010, and those of them who were sworn in April, 2010, Mr Speaker, their term would have expired a month or two months after 3rd March, 2015.

    Mr Speaker, Hon Sorogho, I know has not even considered that, so he should listen and be taking notes. I think that the Hon Minister should take that one on board.

    Mr Speaker, the fifth matter relates to the conduct of the Electoral Commission. The Hon Chairman of the Committee on Works and Housing was addressing the House and urging that, we be in communication with the Electoral Commission. The attention of the

    Chairman of the Electoral Commission himself was drawn to article 296, that even if it is an independent Commission and has powers to act independently, he should exercise the discretionary powers conferred on him responsibly.

    Mr Speaker, some of us in December, alluded to this in this very House, that having opened nomination before the 21st of December when the law was supposed to come into operation -- In fact, the expiry of the 21 Sitting days was December 21st, which meant that, he could only have acted after that period, he could not even have acted on December 21st. He could have acted beginning of December 22nd.

    Mr Speaker, we told him here in a clear language, he would not listen -- and when he came here, he told us that he sent emissaries -- scouts, whereas we have our official person -- the Clerk to Parliament and the Speaker of Parliament, who authenticate Bills and pieces of legislation passed by this House.

    He did not consult the Clerk to Parliament; he did not consult the Speaker, and he says he sent emissaries to this House who ill-advised him to do what he did. Yet we had sounded him that the path he was treading was going to lead to a tragedy. He would not listen, stiff-necked as he was. And he comes and offers a plaintive apology and the nation should just accept that?

    Mr Speaker, I think it was irresponsible on the part of the Electoral Commission to have behaved the way they behaved. So, we should tell them, never again in the history of this country should this happen.

    Mr Speaker, the Hon Member for Okaikwei raised the issue relating to article 298 of the Constitution and some of us indicated that, beyond that -- That is

    assuming or clothing ourselves with the residual powers as provided under article 298 -- Some of us suggested that we could seek shelter under article 113 of the Constitution, which relates to Parliament anyway, but which we thought could be adopted with the necessary modifications to apply to the current situation.

    Mr Speaker, I still believe that, we could seek some relief under article 113 (3). It would not be a constitutional amendment. We are not seeking to amend the Constitution for anyone to say that, once we go on that path, we would be seeking to amend the Constitution. We are not amending the Constitution; we are only borrowing from this provision, article 113 (3), which provides:

    “Where, after a dissolution of Parliament but before the holding of a general election, the President is satisfied that owing to the existence of a state of war or of a state of public emergency in Ghana or any part of Ghana, it is necessary to recall Parliament, the President shall cause to be summoned the Parliament that has been dissolved to meet.”

    Mr Speaker, it is my contention that, if we substituted -- Of course, we are not in the state of war, but we are in the state of some public emergency. So, we could substitute the District Assemblies in place of Parliament and tweaking it that way, adopting this with the necessary modifications, Parliament can come up with a Bill, which would then cover the situation that this nation is confronted with.

    Mr Speaker, I believe that should be the path for us, because we do not want to tread that path again and allow the financial malfeasance that happened in 2009 and 2010 to happen again. It would
    Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 1:30 p.m.


    be a very wasteful enterprise. We should not encourage that. I think that we should find a way to continue the Assemblies, using this provision.

    I think if we have that special purpose provision Bill enacted by this House, we can make a headway.

    Mr Speaker, having said that, I disagree with the Committee when they say that, in respect of recommendation (d):

    “The Committee therefore wishes to recommend to the Constitution Review Implementation Committee to take note of the situation and to consider making the necessary recommendations to the House for the amendment of the Constitution to address the recurrence of a similar situation in future”.

    Mr Speaker, to the extent that, what we are referring to may not be an entrenched provision; Parliament could initiate it. Why do we say that we should let the Constitution Review Implementa- tion Committee do that? What purpose do they have? It is no longer a Constitu- tion Review Commission. It is an “Implementation” Committee. What are we saying to them that they should come and do for us? They cannot initiate anything again.

    The matter should have been referred to the Constitution Review Commission. There is no Constitution Review Commission in place any longer. It is only a Constitution Review Implementation Committee. Is it for the Constitution Implementation Committee to initiate rules to amend the Constitution?

    Mr Speaker, that recommendation is totally out of place and I believe that we

    should not associate ourselves as a House to this observation or recommendation at all.

    Finally Mr Speaker, the last recommendation and I beg to read:

    “The Committee wishes to recommend to the House that Mr Speaker may consider recalling the House during the Easter break to enable the Regulation meet the mandatory requirement of 21 Sitting days…”

    Mr Speaker, that indeed is my view. What I am saying -- The words coming from my mouth are my views.

    Mr Speaker, I disagree because we had a situation where Parliament at great inconvenience was compelled to Sit on Saturdays and Mondays just to satisfy the Commission.

    They disregarded what we were doing with impunity and did what they thought was right, which we all advised was wrong. Today, they are saying that Parliament should be recalled. For what? For how many days?

    Mr Speaker, this Instrument was laid in this House on Friday. We will continue Sitting on Tuesday, today, tomorrow Wednesday, 25 th March, 2015 and Thursday, 26th March, 2015. We would have Sat for just four days. So, we will require seventeen (17) more days. Mr Speaker, people should know what they are talking about. Seventeen more days is more than four (4) parliamentary weeks.

    When has this ever happened? To recall Parliament to Sit for five weeks. What is that?

    Mr Speaker, the programme of Parliament is to allow Hon Members during the break, to attend not only to constituency business, but other political party businesses as well. That is why we craft our calendar that way. What it means, if we are to follow this recommendation, is that, we should not have any break at all.

    Mr Speaker, that will be most outrageous. That is the import of recommendation (e), and that is why I am saying that, it is outrageous, we cannot have five weeks Sitting.

    Assuming we even decide to Sit on Mondays, from Monday to Friday is five days. Mr Speaker, we are not even counting holidays; plus two more days. So, even that will be four weeks. Mr Speaker, what is this?

    That is why I am saying this is certainly unacceptable. I think that there should be a way out and the way out is for Parliament to clothe itself with article 298, adopt with the necessary modifications -- article 113 (3) to have the President continue with the Assemblies in office for that period until -- [Interruption] -- Do you understand the Constitution? When he tells me that it is unconstitutional -- what you have done -- [Laughter]

    Mr Speaker, so, I think we can clothe ourselves with article 298 and then adopt with the necessary modification -- article 113 (3) in order to allow the President to have the opportunity to continue with the Assemblies in office in one form or the other. I believe that, certainly, that should be the way forward for us as a country. Then as I said, should be a one-stop Bill if we come to pass it. It cannot be repeated anywhere. We can perhaps, take it under

    a certificate of urgency, that is, if the Hon Ministry confers and consults the Attorney-General and Minister for Justice, Parliament can take this under certificate of urgency in one day, perhaps, tomorrow Wednesday, 25th March, 2015 or Thursday, 26th March, 2015.
    Mr First Deputy Speaker 1:40 p.m.
    Hon Members --
    Yes, Hon Minister?
    Minister for Local Government and Rural Development (Alhaji Collins Dauda)(MP) 1:40 p.m.
    Thank you very much, Mr Speaker, for the opportunity to support the Motion on the Report of the Special Committee on the District Assembly Elections.
    As the new Hon Minister for Local Government and Rural Development -- [Hear! Hear!] I have sat throughout the debate and I have listened very well to -- [Interruption]
    rose
    Mr First Deputy Speaker 1:40 p.m.
    Hon Minority Leader, is it a point of order?
    Mr Kyei-Mensah-Bonsu 1:40 p.m.
    Mr Speaker, with respect to my Hon Colleague, he has announced himself as the new Hon Minister responsible for Local Government and Rural Development -- [Interruption] -- I would want to know whether he has assumed office. [Interruption.]
    Alhaji Dauda 1:40 p.m.
    Mr Speaker, I am the new Hon Minister for Local Government and Rural Development -- [Hear! Hear!]
    Mr First Deputy Speaker 1:40 p.m.
    Hon Minority Leader, I believe he is an Hon Member of Parliament, so he is entitled to make a contribution.
    Mr Kyei-Mensah-Bonsu 1:40 p.m.
    Mr Speaker, with respect, I accept that. He has announced himself as the new Hon Minister for Local Government and Rural Development. My simple question to him -- Mr Speaker, he should not seek solace under the intervention of the Hon Second Deputy Majority Whip. He is here; I asked him whether he had assumed office. [Laughter.]
    Mr First Deputy Speaker 1:40 p.m.
    Yes, Hon Second Deputy Majority Whip?
    Mr Ibrahim Ahmed 1:40 p.m.
    On a point of order.
    Alhaji Dauda 1:40 p.m.
    Mr Speaker, as regards whether I have taken office -- [Interruption] -- It is a question that I am prepared to take in private with the Hon Friend. I will take it as a friendly question.
    Mr Speaker, as I said, I have listened very well to the issues raised in the debate by both sides of the House and I will be guided as I pursue my responsibilities as the Hon Minister.
    Mr Speaker, most importantly, is the point raised about excesses and abuse when the Assembly Members are not in place. The directive that was issued was to the effect that the District Chief Executives (DCEs) who are in office must perform Administrative and executive functions of the Assembly. They are also not to perform legislative and deliberative functions of the Assembly. I can assure
    the House that, we will put in measures, so that they keep to the functions of administrative and executive. This is to avoid excesses and abuse, which are concerns to most Hon Members of the House.
    Mr Speaker, as we try to avoid excesses and abuse of DCEs, it is important that we go back to the arrangements or the processes that will bring back the Assembly members. That is to have the elections held as quickly as possible, so that we can have the Assembly members in place for the Assemblies to perform effectively.
    I believe it is in this regard that, the Committee has recommended to Mr Speaker to consider a recall of the House, so that we can go through the process and get the Constitutional Instrument approved to enable the Electoral Commission restart the process of getting Assembly members in place.
    Mr Speaker, so, I support the idea. I would also add my voice to the call to Mr Speaker to consider a recall of the House as quickly as possible, so that we are able to do the remaining number of days to enable the Electoral Commission proceed with the election of Assembly members.
    Mr Speaker, with these few comments, I thank Hon Members.
    Mr First Deputy Speaker 1:40 p.m.
    Thank you very much.
    Hon Members, we have enough by way of debate on this. I think that I will put the Question. But at the end of the day, I will give some directives. This is because I think that we can combine two approaches; that is what is in the Report, together with the reference to article 298 of the Constitution. I believe it will help us forge a convenient way forward.
    Prof. Gyan-Baffour 1:50 p.m.
    Mr Speaker, are you saying that you are putting the Question and later give directives? Or you are giving the directives before putting the Question?
    Mr First Deputy Speaker 1:50 p.m.
    I can only give directives, after I have put the Question. So it will be after I have put the Question. But I believe that we can, as a House, make certain moves.
    Hon Members, we have had enough debate. So, I would put the Question.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 1:50 p.m.
    I direct that the Leadership should meet with the Rt. Hon Speaker to discuss the issue with regard to article 298 of the Constitution, and it should be immediate.
    The meeting with the Rt. Hon Speaker should be immediate, because we have very little time on our hands.
    Mr Kyei-Mensah-Bonsu 1:50 p.m.
    Mr Speaker, it is unfortunate that the Attorney-General and Minister for Justice is not in the House. But may I suggest that because the Hon Minister, who announces himself as the new Hon Minister, even though he might not perhaps, have assumed his office -- But at least, the communication has been given to us. If we could join that group to meet Mr Speaker and have some discussions --
    So, if he has to ferry it to the Attorney- General and Minister for Justice, then it could be immediate. Otherwise, Parliament itself, on its own, could initiate the process. I think it would be better if we have the Executive collaboration.
    Alhaji Dauda 1:50 p.m.
    Mr Speaker, in the practice of the House, Hon Ministers do not announce themselves. It is rather
    the Speaker who announces communication from the Presidency.
    So, I take an objection to the statement made by the Hon Minority Leader that I have announced myself. I am indeed, the Minister for Local Government and Rural Development.
    Mr First Deputy Speaker 1:50 p.m.
    Hon Members, let us allow this matter to rest.
    Mr Agbesi 1:50 p.m.
    Mr Speaker, with your permission, we could take item 17. It is just a Report.
    Mr First Deputy Speaker 1:50 p.m.
    Very well.
    Item numbered 17 -- By the Leader of the Delegation.
    Mr First Deputy Speaker 1:50 p.m.
    Hon Deputy Majority Leader, we are waiting for you.
    Mr Agbesi 1:50 p.m.
    Mr Speaker, I am informed that members of the delegation are not on the floor. So, we can defer it till tomorrow.
    Mr First Deputy Speaker 1:50 p.m.
    Very well.
    I so direct.
    Yes, we are in your hands.
    Mr Alfred K. Agbesi 1:50 p.m.
    Mr Speaker, in this circumstance, I beg to move, that the House adjourn till tomorrow at 10.00 o'clock in the forenoon.
    Prof. George Y. Gyan-Baffour 1:50 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    ADJOURNMENT 1:50 p.m.
  • The House was accordingly adjourned at 1.56 p.m. till Wednesday, 25th March, 2015 at 10.00 a.m.