Debates of 2 Jun 2015

MR SPEAKER
PRAYERS 11 a.m.
ANNOUNCEMENTS 11 a.m.
Mr Speaker 11 a.m.
Hon Members, I have the pleasure to introduce to you a delegation from the committee on Lands, Environment and Tour ism of the National Assembly of Zambia who are on a five-day official visit to Ghana.
They are here to share in our experience regarding the impact of art and culture on national development. The visit is also intended to create the platform to deepen the already cordial relations between the two Legislatures.
The delegat ion compr ises the following:
Hon Request Muntanga -- Chairperson
Hon (Prof) Nevelyn Willombe -- Member
Hon (Dr) Situmbeko Musokotwame -- Member
Hon Rogers Mwewa -- Member
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11 a.m.
Mr Speaker 11 a.m.
Hon Members, Correction of Votes and Proceedings of Friday, 29th May, 2015.
Mr Isaac Osei 11 a.m.
Mr Speaker, I have raised on the floor of this House, the question of sequencing with respect to paragraph one on two occasions and I indicated that, I felt the Speaker always took the Chair before Prayers were said. Indeed, that was what happened today; I just do not know why we sequence it in that manner, where Prayers are read and then Mr Speaker takes the Chair. It seems to me that we have been caught in a time war and because we have done it that way, we want to keep it and I think it should really change.
Indeed, the Hon Minority Leader indicated that, the First Order of business is Prayers so I do not know why we still keep to this.
Thank you, Mr Speaker.
Mr Speaker 11 a.m.
Hon Members, if you look at Standing Order 53 (1)(a), which deals with the order of Business, you will see that “Prayers” is the first item there. I
can come straight without sitting and read the Prayers. The only reason the Speaker takes the Seat is to allow Hon Members to settle down before the Prayers are read. But in any case, I think that in the order of Business, the first item there is Prayers and I doubt whether the taking of the Chair is business. So I think that this is not something fundamental that we should waste too much of our energy and time on, Hon Member for Subin.
Mr Isaac Osei 11 a.m.
Mr Speaker, it may not be fundamental, but I think that we should put the sequencing right just for the education of everybody that the Hon Speaker indeed takes the Chair before Prayers are said.
Mr Speaker 11 a.m.
Hon Members, the taking of the Chair will not be part of it because it is not part of the order of Business. If you look at the Order of Business under Standing Order 53 (1)(a), taking of the Chair is not part of the Order of Business, therefore there is no need for it to be there. The only reason I suspect they put it there is to draw a distinction between Mr Speaker or any of the Deputy Speakers who is in the Chair, so that the records are straight as to who started the Business for the day.
But we are masters of our own procedures, this one is not a constitutional one; so we could look at it further if the House thinks that we should find a way of capturing it. But clearly, taking of the Chair is not part of the Business of the House if you look at Order 53 (1)(a) of the Standing Orders of the House.
Mr Isaac Osei 11 a.m.
I agree with you, Mr Speaker, that taking of the Chair is not necessarily part of the Business of the House. So clearly, if you want to put the
Business first, the Business should not precede the taking of the Chair so that the rest of it will all be business of the day.
Mr Speaker 11 a.m.
Prayers is part of the Business and it is the first item under Standing Order 53 (1)(a). It is there as the first business, so the taking of the Chair is not part of the order -- [Pause.]
Mr Speaker 11:10 a.m.
The Clerk-at-the-Table has advised me and I think that he has sustained the position I stated before and I entirely agreed with him that I can just come, not take the Chair and read the Prayers.
The first Business in the order of Business is the Prayers. The taking of the Chair, as I indicated, can be ignored in the Votes and Proceedings and it would be within the four corners of the Rules of the House. This is because there is nothing mentioned in the Order of Business and there is no mention of the taking of the Chair as part of the Business and that is the position.
But I know where you are coming from because when I entered the Chamber I took the Seat first before I read the Prayers.
Last week, the new Members of the House of Commons from the Scottish National Party were clapping and the Speaker of the House of Commons warned them and told them that it was a long established principle and that one does not clap in the Chamber. So, this is also one of the long standing arrangements that I do not think changing it or not would cause any harm to the Business of the House.
Mr Isaac Osei 11:10 a.m.
Mr Speaker, with due respect, if changing it or not would not cause any problem then change it. But I know for a fact that if the Hon Speaker does not take the Chair, we cannot have Prayers.
Mr Speaker 11:10 a.m.
Hon Members, we are governed by the rules of the House and there is an Order of Business. What is the first order of Business? It is a very simple question, Order 53 (1). And so, the Table Office that prepares the Votes and Proceedings are bound by the first Business of the House which is Prayers. Now that I have read prayers, I have properly taken the Seat and so let us proceed.
Page 1 - 11
  • [No correction was made to the Votes and Proceedings of Friday, 29th May, 2015.]
  • [No correction was made to the Official Report of Wednesday, 27th May, 2015]
    • rose
    Mr Speaker 11:10 a.m.
    Yes, Hon Member for Subin?
    Mr Isaac Osei 11:10 a.m.
    Mr Speaker, prior to the commencement of Public Business, I recalled that around Independence Day, I raised the issue of the vertical position of the Ghana flag and indicated that when the late Theodosia Okoh designed the flag, it was with horizontal bands, and you directed that a small Committee of Leaders would contact the Director of State Protocol and we would be advised accordingly. I do not know whether that has been done. If it has not been done, it should be done immediately to ensure that the Ghana flag is always positioned in the correct way.
    Mr Speaker 11:10 a.m.
    I have taken note even though you are out of order.
    Hon Majority Chief Whip, at the Commencement of Public Business.
    Alhaji Mohammed-Mubarak Muntaka 11:10 a.m.
    Mr Speaker, kindly take item number 5.
    Mr Speaker 11:10 a.m.
    Hon Members, item number 5, Minister for Environment, Science, Technology and Innovation.
    BILLS -- SECOND READING 11:10 a.m.
    Minister for Environment, Science, Technology and Innovation (Mr Mahama Ayariga) 11:10 a.m.
    Mr Speaker, I beg to move, that the Nuclear Regulatory Authority Bill, 2015 be now read a Second time. In moving the Motion, I wish to add that the object of this Bill is quite simple. It is to create an Authority that will properly manage radiation sources, nuclear materials and radioactive waste.
    Mr Speaker, what we had in the past under the Atomic Energy Commission Act of 2000, Act 588 was a Radiation Protection Board. The difficulty is that, the Ghana Atomic Energy Commission itself, as presently constituted, carries out both regulatory functions and it is in fact a user of all the materials that we seek to regulate. So, it is a user and a regulator and so there is some conflict in this arrangement.
    So, the object is to take out the regulatory function and create an authority that would regulate, set standards and manage the handling of nuclear materials, radiation sources et cetera. Simply put, this is the real objective of this Bill.
    Mr Speaker, at this time in Ghana's history, we need to make sure we have the appropriate institutional arrange-
    ments for managing these issues, because one, there is increasing goods of nuclear science related materials in the health sector, in industry and in so many other spheres of our economic life, and if we do not put in place the structures they would create problems for us.
    Secondly, Ghana is moving into a stage where we are considering the development of energy through nuclear science and to do that, the International Atomic Energy Commission is insisting that we must have on the ground the appropriate structures to guarantee nuclear safety in our country when we embark on this course.
    Mr Speaker, the object is to allow for beneficial and peaceful use of nuclear energy. I would want to emphasise that beneficial and peaceful use of nuclear energy to protect individuals, society, the environment and to control the movement of nuclear materials, radioactive waste and also to ensure the proper management of radiation sources.
    Mr Speaker, on that note, I move that this House should now read for a Second time, the Nuclear Regulatory Authority Bill, 2015.
    Dr A. A. Osei (NPP -- Old Tafo) 11:20 a.m.
    Mr Speaker, the Hon Minister said he moves that this House should now read for the Second reading. Mr Speaker, I do not know about that procedure. The House does not read — [Interruption.]
    Mr Speaker 11:20 a.m.
    Hon Minister, what did you say?
    Mr Ayariga 11:20 a.m.
    Mr Speaker, it is a Motion that this House read for the Second time, the Nuclear Regulatory Authority Bill,
    2015. That is what the Motion is, and I started by begging to move the Motion, and stated the grounds on which I am asking this House to read.
    Mr Speaker 11:20 a.m.
    How did you conclude?
    I think the Hon Member is interested in how you concluded. How did you conclude?
    Mr Ayariga 11:20 a.m.
    Mr Speaker, I said, this House should read for a Second time. Whether I say, it should be read, or this House should read a Second time, it is the same thing. It is the way that — Interruption.]

    Question proposed.

    Chairman of the Committee (Mr Simon E. Asimah) Mr Speaker, I beg to second the Motion and to present the Committee's Report.

    Introduction

    The Nuclear Regulatory Authority Bill was first introduced in Parliament on Tuesday, 17th June 2014. In view of some challenges with the text of the Bill, it was withdrawn on Friday, 20th March, 2015, by the Hon Deputy Minister for Environ- ment, Science, Technology and Innova- tion, Mrs (Dr) Bernice Heloo.

    The Bill was re-introduced to Parliament and read for the First time on Thursday, 14th May, 2015. Mr Speaker subsequently referred the Bill to the Committee on Environment, Science and Technology for consideration and report in accordance with article 75 of the Constitution and Order 185 of the Standing Orders of Parliament.
    Mr Speaker 11:20 a.m.
    Chairman, is it that your Committee has not made proposals for amendments to the Bill?
    Mr Asimah 11:20 a.m.
    Mr Speaker, surely there are a few proposals.
    Mr Speaker 11:20 a.m.
    But you have not informed the House that these are the kind of amendments that you are likely to make so that Hon Members of the House who are not Members of your Committee can file their amendments. I am not impressed with the Committee's Report, especially from page 4 to page 10, dealing with clauses. You have just repeated what is in the Memorandum. Have you looked at it?
    Mr Asimah 11:20 a.m.
    Mr Speaker, the Hon Minister is here.
    Mr Ayariga 11:20 a.m.
    Mr Speaker, the Bill was introduced in the House and then withdrawn. The reason it was withdrawn was that, there were so many amendments that harmonising it and taking it through the Consideration Stage would have been a real difficulty. It was withdrawn so that we would redo it incorporating all the amendments that were proposed.
    That was what was relayed as a fresh Bill. What has been relayed as a fresh Bill has captured every single amendment that was proposed by the Committee.
    Mr Speaker, what you see here will therefore not have any proposal for amendment by the Committee, unless an individual Hon Member of the House decides to move for an amendment.
    Mr Speaker 11:20 a.m.
    That was the simple question I asked whether there would be any amendments from the Committee and the Chairman said yes, but you are saying no.
    Anyway, my main concern is that— What you put in the provision of the Bill, just indicating from clause 1 to clause 7, is just stating what is in the Memorandum, and excuse my language, it is waste of paper and we need to cut cost. The whole of paragraph six did not actually say anything which is not in the Memorandum.
    Dr A. A. Osei 11:20 a.m.
    Mr Speaker, when you said; is the Committee offering some amendments, the Chairman got up and he mentioned the Hon Minister. This work of the Committee has nothing to do with the Hon Minister. This is why there is a separation between Parliament and the Executive. He is not a Member of the Committee.
    Mr Speaker 11:20 a.m.
    You are right, but it is equally true that the Hon Minister in charge of the Bill works with the Committee so that he can add up to whatever the Chairman of the Committee says.
    Dr A. A. Osei 11:30 p.m.
    Mr Chairman that is my point; the Chairman said yes and the Minister said no. That is the problem I have. Who are we to believe; the Chairman of the Committee or the Minister? We are working on the Committee's Report to adopt and not the Minister's Report, so I am confused.
    Can the Chairman of the Committee explain really what he is asking us to adopt and if there are any amendments as you have said so that we can follow his arguments. I am not interested in --
    Mr Speaker 11:30 p.m.
    Let me hear from the Hon Minister first.
    Mr Ayariga 11:30 p.m.
    Mr Speaker, I understand what has happened and why the controversy. Indeed, at the Committee meeting it came up because when they

    proposed the amendments, the Ministry withdrew the Bill, went and incorporated the amendment and brought it back to them. The initial Report that the Committee wrote and wanted to present incorporated all the amendments; and at the Committee meeting, I remember arguing that if they captured the amendments and report to Parliament, the Committee would be reporting on a Bill that had already been withdrawn.

    So, if all the amendments had been captured in a new Bill which has been laid and they do not have any amendments, then the Report should capture that they do not have any amendments. And if they explained, as I have done now, it would be understood why there is no amendment proposed by the Committee. So that is a very simple explanation for what has happened.

    But Mr Speaker, to correct the Hon Member, the Executive is not entirely separate from Parliament and he knows that. Standing here as a Member of the Executive, I am also a Member of Parliament so, fundamentally that is erroneous.
    Mr Speaker 11:30 p.m.
    Hon Member, the point is that, as far as this Report is concerned, it is the Chairman and his Committee that are in charge. That is the point being made.
    Some Hon Members — rose --
    Mr Speaker 11:30 p.m.
    Hon Members, let us make progress.
    Dr A. A. Osei 11:30 p.m.
    Mr Speaker, I just want to know; is the Committee offering any amendment? Can the Chairman tell us? [Interruption.] No, the Chairman has not said so.
    Mr Speaker 11:30 p.m.
    Chairman, are you proposing any amendment?
    Mr Asimah 11:30 p.m.
    Mr Speaker, I think what the Minister said was exactly what I wanted to say and I would want to refer my Hon Colleague to the Report. If my Hon Colleague, Dr A. A. Osei has read the Report carefully, all those things that he is asking for have been taken care of in the Introduction. I said that this was brought to the House, it was withdrawn and a lot of work has been done on it and it has been brought back. That was what I was saying and I read it carefully.
    Mr Speaker 11:30 p.m.
    Hon Chairman, did you put in the Report that the Committee is not proffering any amendment?
    Mr Asimah 11:30 p.m.
    No, we did not put it in the Report.
    Mr Speaker 11:30 p.m.
    Anyway, the floor is now open.

    Question put and Motion agreed to.
    Alhaji Muntaka 11:30 p.m.
    Mr Speaker, we will take item 9.
    Mr Speaker 11:30 p.m.
    Let us take item 6.
    Alhaji Muntaka 11:30 p.m.
    Mr Speaker, you would remember that before we walked into your corridor, we had some discussions with the Minister who was running for a short meeting and he wanted to take some of the items himself. So we designated which ones, with your permission and the kind permission of the House, his Deputy Minister would start with and that is the reason --
    Mr Speaker 11:30 p.m.
    You discussed that with the Minister? Very well, you are in charge of Government Business so which item should we take?
    Alhaji Muntaka 11:30 p.m.
    Mr Speaker, I would be grateful if we take item 9.
    Mr Speaker 11:30 p.m.
    All right. I was pushing for item 6 because we have spent the money already and we want to give it legal blessing so that everybody can have his peace. That is the only reason I am pushing for item 6 but if you say item 9 --
    MOTIONS 11:30 p.m.
    Chairman of the Committee (Mr James Klutse Avedzi) 11:30 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Request for waiver of Taxes, Customs Duties, Value Added Tax, National Health Insurance Levy, Destination Inspection Fees, EDAIF and ECOWAS Levy amounting to GH¢4,709,061.00 on goods and equipment required for the implementation of the Protocol Agreement between the Government of the Republic of Ghana and the African Development Fund on the Engaging Local Communities in Reduced Deforestation and Forest Degradation (REDD+)/Enhancement of Carbon Stocks Project).
    Introduction
    The Request for waiver of taxes, Customs Duties, Value Added Tax, National Health Insurance Levy, Destination Inspection Fees, Export Development and Agriculture Investment Fund (EDAIF) and ECOWAS Levy, amounting to GH¢4,709,061.00 on goods and equipment required for the implementation of the Protocol of Agreement between the Government of the Republic of Ghana and the African Development Fund on Engaging Local Communities in Reduced Deforestation
    Chairman of the Committee (Mr James Klutse Avedzi) 11:30 p.m.


    and Forest Degradation (REDD+)/ Enhancement of Carbon Stock Project) was presented to Parliament on behalf of the Hon Minister for Finance by the Hon Deputy Minister fo Finance, Mr Cassiel Ato Baah Forson on Tuesday, 12th May, 2015. Mr Speaker referred the request to the Finance Committee for consideration and report in accordance with article 174 (2) of the 1992 Constitution and Order 169 of the Standing Orders of the Parliament of Ghana.

    The Committee was assisted by the Hon Deputy Ministers for Finance and Lands, Forestry and Natural Resources, Mrs Mona K. Quartey, Mr Cassiel Ato Baah Forson and Ms Barbara Serwaa Asamoah, officials from both Ministries and Ghana Revenue Authority (GRA) during its deliberations. The Committee is grateful to the Hon Deputy Ministers and the officials for their assistance.

    Reference

    The Committee referred to the following additional documents during its deliberations:

    The 1992 Constitution of Ghana;

    The Standing Orders of the Parliament of Ghana; and

    Protocol of Agreement between the Government of the Republic of Ghana and the African Develop- ment Fund on the Engaging Local Communities in Reduced Deforesta- tion and Forest Degradation (REDD+)/Enhancement of Carbon Stock Project).

    Background

    Ghana joined the international REDD+ (Reduction in Emissions from Deforesta- tion and Forest Degradation and enhancement of forest carbon stocks) readiness process through the Forest Carbon Partnership Facility (FCPF) and in

    2010 received approval of its Readiness Preparation Proposal (R-PP), which presented its road map for the necessary preparation of the country to participate in REDD+. The same year, the country was selected as one of the pilot countries for the Forest Investment Programme (FIP).

    The FIP aims at piloting and providing upfront investments for the pilot countries to test and initiate the REDD+ activities. In 2012, its investments for the plan for the Forest Investment Programme were endorsed by the FIP sub-committee with USD50 million being approved for the programme to be implemented.

    The aim of the Forest Investment Programme (FIP) for Ghana is to address the underlying drivers of deforestation and catalyze transformational change by providing upfront investment to support the implementation of the REDD+ strategy and generate information and experience for policy and regulatory changes, with the ultimate aim of reducing the emissions of Greenhouse Gases (GHG) within the LULUCF (Land Use, Land-use Change and Forestry) sector in Ghana.

    Project Objectives

    The Engaging Local Communities in REDD+ (ELCIR+) Project is part of the Forest Investment Programme, from the Strategic Climate Fund, which supports developing country efforts to reduce deforestation; and forest degradation; and promotes sustainable forest management that leads to emissions reduction and enhancement of forest carbon stocks (REDD+).

    The objective of the project is to “contribute to increased carbon stocks and poverty reductions in the off reserves areas of the High Forest Zones by engaging communities in land management approaches that generate direct financial and

    environmental benefits”. The project which is expected to be implemented over five years, would support (i) Community restoration of degraded forests and agricultural landscapes (ii) Promotion of Climate Smart and Environmentally Responsible Cocoa and Agroforestry systems; (iii) Community alternative livelihoods and capacity building.

    Obligation of the Government of Ghana

    Article VI of the General Conditions Applicable to Protocols of Agreements for Grants of the African Development Fund (to which Ghana is a Member), prohibits the use of Grants from the Fund to pay taxes. Section 6.01 (a) of Article VI states that “the protocol of Agreement and any other Agreement to which these General Conditions apply, shall be free from any taxes levied by, or in the territory of, the recipient or in connection with the execution, delivery or registration thereof”.

    Ghana being a Member of the Fund is therefore, under obligation, to provide the needed tax exemptions as a condition necessary to benefit from the Grant of the Fund.

    Required Waiver

    To ensure that the full amount of the facility is used on the project and in compliance with Article VI of the General Conditions Applicable to Protocols of Agreements for Grants of the African Development Fund, the Ministry of Finance is seeking for tax exemption amounting to GH¢4,709,061.00 on the Facility.

    Observation

    Required Waiver

    The Committee noted that the Ghana Revenue Authority has assessed the tax liability on the project and granted an interim waiver of four million, seven hundred and nine thousand and sixty-one Ghana Cedis (GH4,709,061.00) on goods

    and equipment required for the implementation of the project pending parliamentary approval. The determina- tion of the values, the Committee was informed was based on the FOB values of the goods and equipment presented by the implementing Ministry.

    The Committee recommends to the Ministry of Finance to ensure that the final waiver would be re-assessed and verified by the Destination Inspection Companies (DICs) upon arrival of the items in the country since values for assessments are normally based on the invoices submitted by suppliers.

    Further, the Monitoring Unit of the Tax Policy Unit should conduct an audit of the items that would be imported or purchased locally to ensure that there is value for money and the items for which the exemption is being given are not diverted.

    Project beneficiaries

    The Committee was informed that the project will be piloted in the Western and Brong-Ahofo Regions. The project's direct beneficiaries are estimated to be twelve thousand (12,000) people, half of them would at least, be women. It was further indicated that the project is also expected to indirectly benefit one hundred and seventy-five thousand (175,000) people (five per cent of the two region's population).

    Regarding the package to the beneficiaries, the Committee was informed that direct beneficiaries will be supported with capacity building, inputs such as seeds, equipment and financial incentives through benefit-sharing agreements, to develop forestry, agroforestry and alternate livelihoods activities.

    Selection Criteria

    The Committee was informed that the selection of the target districts was based on the degree of depletion of the forest cover other factors such as co-benefits
    Chairman of the Committee (Mr James Klutse Avedzi) 11:30 p.m.


    for example, biodiversity conservation and employment generation potential; interest in FIP activities and existing supporting institutions.

    Conclusions

    The Committee, having carefully examined the referral, recommends to the House to adopt its Report and approve by Resolution, the Request for waiver of taxes, Customs Duties, Value Added Tax, National Health Insurance Levy, Destination Inspection Fees, Export Development and Agriculture Investment Fund (EDAIF) and ECOWAS Levy, amounting to GH¢4,709,061.00 on goods and equipment required for the implementation of Protocol of Agreement between the Government of the Republic of Ghana and the African Development Fund on the Engaging Local Communities in Reduced Deforestation and Forest Degradation (REDD+) /Enhancement of Carbon Stock Project in accordance with article 174 (2) of the 1992 Constitution and Order 169 of the Standing Orders of the Parliament.

    Respectfully submitted.
    Mr Speaker 11:30 p.m.
    Any seconder?
    Yes, Ranking Member of the Finance Committee?
    Dr Anthony A. Osei (NPP-- Old Tafo) 11:30 p.m.
    Mr Speaker, I beg to second the Motion and to urge all Hon Members to adopt the Report of the Committee.
    Mr Speaker, any activity that turns to improve afforestation in Ghana is worth it. The facility was a grant and Ghana being a Member of the Fund is a beneficiary and in particular, I refer Hon
    Dr Anthony A. Osei (NPP-- Old Tafo) 11:30 p.m.


    Members to page four of the Committee's Report where we will notice that the project beneficiaries are from the Western and Brong-Ahafo Regions. They are estimated to be 12,000 people, half of them would be at least women and this is quiet important. Indirectly, about 175,000 people that is, five per cent of the two regions' population will also stand to benefit.

    Mr Speaker, with these few words, I urge Hon Members to adopt the Report.
    Mr Speaker 11:40 a.m.
    Hon Members, Motion moved and seconded. It is for the consideration of the House. Hon Members, I would put the Question. This is a very straightforward matter.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 11:40 a.m.
    Consequential Resolution. Yes?
    Alhaji Muntaka 11:40 a.m.
    Mr Speaker, I would wish to crave your indulgence and that of the House for the Hon Deputy Minister for Finance to do this on behalf of the Hon Minister for Finance.
    Mr Speaker, the Minister for Finance walked in but he was just called out and because we have already had the arrangement that his Hon Deputy Minister would stand in, we would be grateful if she could be allowed to carry on while he walks in. He is around but we cannot hold the House -- He walked in from a meeting but he is just receiving a call outside.
    I am sure by the time we get to the next item, he would be here. So, the Hon Deputy Minister for Finance should be allowed.
    Mr Speaker 11:40 a.m.
    Hon Deputy Minority Leader?
    Mr Nitiwul 11:40 a.m.
    Mr Speaker, he says that the Hon Minister is around and he wanted to -- So, he should go and look for him. This is because if he says that the Hon Minister has been called back for a meeting or something and he is pleading with the House, we would -- But when he says the Hon Minister is around and he wanted to come and do it, then he should go and look for him.
    So, he should go and look for him.
    Alhaji Muntaka 11:40 a.m.
    He has been called into another meeting in the House.
    Mr Nitiwul 11:40 a.m.
    Then we would move to another item while you look for him.
    Mr Speaker 11:40 a.m.
    Hon Majority Chief Whip, what did you say? [Laughter.]
    Alhaji Muntaka 11:40 a.m.
    Mr Speaker, my Hon Colleague knows that we have had a discussion. The Hon Minister was going for a short meeting, but fortunately for us, he walked in a moment ago. He had to step out and receive a call and because we already have that standing arrangement -- [Interruption] -- I do not know which call it is.
    Mr Speaker, that is why we are pleading that, currently, the Hon Deputy Minister is here. We were all aware that the Hon Deputy Minister was going to stand in for him until he comes. This is why I am pleading that instead of us waiting and --
    Mr Speaker 11:40 a.m.
    Hon Members, the Hon Majority Chief Whip informed the House early on that, there is a problem in bringing the Hon Minister here before asking whether he is around and all that. Early on, he informed the House that, there are some items that the Hon Minister asked
    the Deputy to handle. He informed the House early on.
    Mr Nitiwul 11:40 a.m.
    Mr Speaker, we had that agreement because we were made to understand that the Hon Minister would not be in the House and so we did not have a problem with it. But where he says that the Hon Minister came in and walked out to make a call, as long as the Hon Minister walks in here, even if there was that agreement --
    Mr Speaker 11:40 a.m.
    Please, can you correct that part of your speech, Hon Majority Chief Whip?
    Mr Nitiwul 11:40 a.m.
    He says the Hon Minister has gone to make a call. [Interruption] Mr Speaker, look at him -- [Points at the Hon Minister for Finance as he enters the Chamber] -- [Paused.]
    Alhaji Muntaka 11:40 a.m.
    So, Mr Speaker, I have been vindicated. I said that he is around. He had just stepped out but the Hon Deputy Minister is here to stand in so that when he gets in --
    Mr Speaker 11:40 a.m.
    Hon Members, let us hear the Hon Deputy Minister for Finance move the Resolution.
    Hon Deputy Minister for Finance, item number 10; Resolution.
    RESOLUTIONS 11:40 a.m.
    Mr James K. Avedzi 11:40 a.m.
    Mr Speaker, I beg to second the Motion.
    Mr Speaker 11:40 a.m.
    Hon Members, Motion for the adoption of the consequential Resolution moved and seconded. It is for the consideration of the House. I would put the Question.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 11:40 a.m.
    Second Deputy Speaker to take the Chair.
    Yes, Hon Majority Chief Whip?
    Alhaji Muntaka 11:40 a.m.
    Mr Speaker, I would be grateful if we could take item number 8. [Interruption] -- Yes, number 8.
    Mr Speaker 11:40 a.m.
    Yes, there is a relationship between items 7 and 8. So, if you want to take that item then we have to take number 7 before the number 8 because it is virtually the same.
    Alhaji Muntaka 11:40 a.m.
    Yes, Mr Speaker, we would take item number 7 and then we come to number 8.
    Mr Speaker 11:40 a.m.
    Very well. Item number 7; Chairman of the Committee?
    MOTIONS 11:40 a.m.
    Chairman of the Committee (Mr James K. Avedzi) 11:40 a.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Annual Report on the Petroleum Funds, 2012.
    Mr Speaker, in doing so, I present your Committee's Report. I would also want to say that, the Report is actually covering the two years of 2012 and 2013. So, the Motion that would take --
    rose
    Mr Speaker 11:40 a.m.
    Yes, Hon Deputy Minority Leader?
    Mr Nitiwul 11:40 a.m.
    I want to arrest the Chairman's Motion. This is a joint Report but we have two Motions. We may have
    to ask them to amend it such that we can make a joint Motion. Otherwise, we would have a problem because the Report is a joint one; 2012/2013. But if you look at the Motion, we have it is separated. So, there are two ways; either we separate the Reports and prepare for 2012 and 2013 or we would have to amend the Motions and join them as one.
    Alhaji Muntaka 11:40 a.m.
    Yes, Mr Speaker, I think my Hon Colleague, the Deputy Minority Leader is right. The only caveat is that, they were laid separately and maybe the best we could still do is for him to move the two before he adds the Report. This is because if he moves on with the Report and later comes back to move item numbered 8, which Report is he going to lay?
    So, since we are masters of our own rules, Mr Speaker, with your permission, if we could allow the Hon Chairman to move the second Motion before reading the Report since it is a joint one, it would still cure the problem.
    Thank you, Mr Speaker.
    MR SECOND DEPUTY SPEAKER
    Mr Second Deputy Speaker 11:46 a.m.
    We are now on Motion number 7.
    Alhaji Muntaka 11:46 a.m.
    Rightly so, Mr Speaker.
    Mr Second Deputy Speaker 11:46 a.m.
    And the Report we have covers Motion number 7 as well as number 8.
    Alhaji Muntaka 11:46 a.m.
    Yes, it is for both Motions 7 and 8.
    Mr Second Deputy Speaker 11:46 a.m.
    So, you would want him to move the two Motions before he presents the Report.
    Alhaji Muntaka 11:46 a.m.
    Rightly so, Mr Speaker. [Paused.]
    Mr Second Deputy Speaker 11:46 a.m.
    Yes, continue.
    Mr Avedzi 11:46 a.m.
    Mr Speaker, let me start all over; I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Annual Report on the Petroleum Funds, 2012/2013.
    Mr Speaker, in doing so, I present your Committee's Report which covers the two years.
    Introduction
    As part of the presentation of the 2013 and 2014 Budget Statement and Economic Policy and in consonance with clause 48 of the Petroleum Revenue Management Act, 2011 (Act 815), the 2012 and 2013 Annual Reports on Petroleum Funds were respectively presented to the House on Tuesday, 5 th March, 2013 and 10 th December, 2013 and referred to the Finance Committee for consideration and report in accordance with Order 169 of the Standing Orders of the House.
    The Committee met and discussed the Report with the Hon Minister for Finance, Mr Seth Terkper, Hon Deputy Minister for Finance and Energy, Mrs Mona K. Quartey and Messrs. Cassiel Ato Baah Forson and Ben Dagadu and officials from the Ministry of Finance and Ghana National Petroleum Corporation and presents this Report to the House pursuant to Order 161 (1) of the Standing Orders of the House.
    Reference Documents
    The underlisted documents serve as reference guide to the Committee during its deliberations:
    The 2012 and 2013 Annual Reports on Petroleum Funds;
    Petroleum Revenue Management Act, 2011 (Act 815);
    The 2011, 2012 and 2013 Annual Budget Estimates and Economic Policies of Government;
    The 1992 Constitution of the Republic of Ghana; and
    The Standing Orders of the House.
    Mr Second Deputy Speaker 11:46 a.m.
    Yes, the Hon Deputy Minority Leader?
    Mr Nitiwul 11:46 a.m.
    Sorry, Mr Speaker. If you check the Report, it covers the years 2011, 2012 and 2013, if that is my understanding.
    Mr Avedzi 11:50 a.m.
    Mr Speaker, the Report is for 2012 and 2013. But the Annual Report on Petroleum Funds for 2012 covers 2011 because production and expenditure were started in 2011. So, the 2012 Annual Petroleum Report, which was the first one laid in the House, incorporated 2011. The Report before the House covers 2012 and
    2013.
    Mr Nitiwul 11:50 a.m.
    Mr Speaker, I thought that we adopted the report for 2011 separately, before we did the one for 2012. Is that not right?
    If I remember correctly, the Committee looked at three reports; 2011, 2012 and 2013. So that we do not make a mistake, if it is correct that the 2012 Report covers 2011 as well, then this Report would be all right.
    Mr Speaker, but I remember we looked at three Reports; 2011, 2012 and 2013, but the Motions are two. The Report covers three years. [Interruption] -- No, we have not adopted it.
    Mr Second Deputy Speaker 11:50 a.m.
    Hon Chairman, continue.
    Mr Avedzi 11:50 a.m.
    Mr Speaker, I have a copy of the 2012 Report; if you have a copy, go to page 6. You would see the analysis of the 2011 petroleum receipts.
    The 2012 Report covers 2011. So, before the Committee, the Report covers
    2012.
    Background and Structure of the Report
    Mr Speaker, as I said, the Petroleum Revenue Management Act, 2011 (Act 815 or PRMA) was passed by Parliament in the first quarter of 2011 and assented to by H.E. the President on 11th April, 2011. The PRMA requires the Minister responsible for Finance to submit an annual report on the petroleum funds as part of the annual presentation of the Budget Statement and Economic Policy to Parliament. And in fulfillment of this, the 2012 and 2013 Annual Reports on Petroleum Funds have been presented to Parliament.
    The reports are structured as follows:
    Section B of the 2012 Report provides a brief on the performance of the 2011 petroleum receipts and utilisation, while Section C presents developments in the upstream petroleum industry in 2012. Section D reports on the petroleum receipts and utilisation in 2012 with section E concluding the Report.
    The 2013 Report comprised seven sections. The first section is the introduction, whiles section two gave an account of developments in the upstream petroleum sector from January to September, 2013. Section three provided a brief on the performance of petroleum receipts and their utilisation, section four
    presented the performance of the GPFs with section five given an update on the audited financial statements of the petroleum funds. Section six suggested the way forward while section seven concluded the Report.
    2011 Petroleum Receipts and Utilisation
    The total volume of crude oil produced in 2011 amounted to 24,195,895 barrels (average of 66,299 barrels per day) against a target of 30,929,005 barrels (average of 84,737 barrels per day). The lower than targeted production levels was mainly due to production difficulties in the Jubilee Fields. The amount of crude oil lifted in 2011 is slightly higher than the total production because the amount lifted included production in November and December of 2010.
    The total volume of crude oil lifted in 2011 amounted to 24,451,452 barrels. Of this amount, the Ghana National Petroleum Corporation (GNPC), on behalf of the State, lifted 3,930,189 barrels through four liftings which realised a total revenue of US$444.12 million (GH¢690.26 million).
    Analysis of 2011 Petroleum Receipts
    The Petroleum Holding Fund (PHF) was established by the PRMA, as a designated Public Fund to receive petroleum receipts due the State from the upstream petroleum sector. The PHF was opened at the Federal Reserve Bank of USA on 11th April, 2011 and has since been receiving petroleum revenues due the State
    The PHF received a total amount of US$444.12 million (equivalent of GH¢690.26 million) against a budget estimate of US$833.86 million (GH¢1,250.78 million) resulting in a shortfall of US$389.73 million (GH¢560.52 million). The main reason for
    Mr Avedzi 11:50 a.m.
    In 2012, the turbulence in the global financial markets and general economic downturn caused monetary authorities to take drastic expansionary measures to inject growth stimulus. Benchmark lending rates of the European Central Bank, Federal Open Markets Committee, and Bank of England were held at record low levels of near zero. This enhances downside risks to returns in the fixed income markets where the GPFs are invested.
    Amidst the volatility and the uncertainty in the markets for 2012, the GPFs delivered positive Returns On Investment (ROI). Over the year, ROI was 0.29 per cent for GSF and 0.26 per cent for GHF. Net total ROI of the GPFs was US$262,207.12, with GSF contributing US$205,008.40 and GHF,
    US$57,198.72.
    Petroleum Receipts and Utilisation in
    2013
    2013 Petroleum Receipts
    For the period January to September 2013, GNPC lifted crude oil five (5) times on behalf of the State. This involved 4,977,922 barrels of oil which yielded US$533.86 million (GH¢1,025.05 million) of petroleum revenue to the State. Total petroleum receipts (that is, proceeds from Jubilee liftings and other petroleum receipts) as at the end of the third quarter of 2013 was US$707.28 million (GH¢ 1,358.18 million). This compares with a total 2013 Budget Estimate of US$581.72 million (GH¢ 1,122.72 million.
    The main reasons for the positive variation in 2013, were the realisation of more corporate income tax than projected on one hand and increased production, on the other. In spite of the fact that the actual data on petroleum receipts and
    production are up to end-September, 2013, the 2013 petroleum receipts show a positive variance of approximately US$125.56 million (GH¢ 235.40 million) over the 2013 Budget estimate.
    Allocation of 2013 Petroleum Receipts
    The allocation of petroleum receipts is guided by the allocation formula provided for in the PRMA. Parliament, acting within the confines of the law, approved a 40 per cent share of the Carried and Participating Interest, net of Equity Financing Costs, for the National Oil Company (NOC) in 2011, with the rest going to Central Government.
    Out of Government's net petroleum receipts, 70 per cent is designated as the Annual Budget Funding Amount (ABFA) while 30 per cent is transferred into the GPFs.
    By the same arrangement, the GHF and the GSF attract 30 per cent and 70 per cent, respectively, of the total receipts into the GPFs. A total amount of US$ 707.28 million out of the petroleum revenues for 2013 was allocated to GNPC (the NOC) as its share of the Equity Financing Cost (US$53.50 million) and Net Carried and Participating Interest (US$132.69 million).
    The Bank of Ghana (BOG) transferred an amount of US$100,000 to the Reserve Bank of New York on GNPC's behalf for the payment of its share of the minimum balance on the Petroleum Holding Fund Account. GOG also paid US$100,000 for the same purpose. An amount of US$56.00 and US$40.00 was also deducted by BOG from the claims of GOG and GNPC, respectively, in respect of overpayments to them in the first and second liftings in
    2011.
    The ABFA totalled US$204.90 million from January to September, 2013. The quarterly ABFA target was achieved for all the three quarters. The first lifting for
    each quarter was enough to meet the applicable quarter 's ABFA, so the proceeds from GOG's share in the quarter's second lifting was transferred into the GPFs except in the third quarter where only one lifting was made. In all, a total of US$316.09 million was transferred into the GPFs in respect of the first nine months of 2013.
    Out of this amount, the GHF received US$94.83 million while the GSF received US$221.26 million. An amount of US$204.90 million (GH¢392.94 million) was allocated as the ABFA in the first three quarters of 2013 in accordance with the
    PRMA.
    Utilisation of the 2013 Annual Budget Funding Amount
    Of the total ABFA of GH¢392.94 million received in the first three quarters of 2013, an amount of GH¢299.41 million, representing 76.2 per cent, was disbursed to the four priority areas. Out of the total amount disbursed, GH¢142.34million, representing 47.5 per cent, was spent on Road and other Infrastructure, while GHS
    32.58 million, representing 10.9 per cent, was spent on Capacity Building. Expenditure and Amortisation of Loans for oil and Gas Infrastructure received GH¢19.88 million or 40.0 per cent, while Agriculture Modernisation received GH¢4.60 million or 1.5 per cent.
    Thus, by the end of September, 2013, approximately 93.8 per cent of the ABFA had been expended on assets, with the rest going to goods and services.
    Utilisation of 2013 GNPC Allocations
    The sum of US$186.09 million was allocated to GNPC for its equity financing and other activities as at September, 2013. An amount of US$84.24 million had been disbursed by end-September 2013, leaving a balance of US$101.95 million. When added to the cash-on-hand at the beginning of 2013 of US$ 61.67 million, this results in total available cash as at end of September, 2013 US$163.63 million. The table below provides details of the utilisation of GNPCs share of petroleum Funds:

    SPACE FOR TABLE 1 -- PAGE 9 - 11.50A.M.
    Mr Second Deputy Speaker 11:50 a.m.
    Hon Chairman of the Committee, I do not want to interrupt you. But I thought that in the beginning you said that the Hansard Department should capture the entire Report and then you would read the salient points. But now the details -- I know you are a man of detail but now --
    Mr Avedzi 11:50 a.m.
    Mr Speaker, based on that, I would move to the conclusion.
    Mr Second Deputy Speaker 11:50 a.m.
    All right; thank you.
    Mr Avedzi 11:50 a.m.
    Mr Speaker,
    Conclusion and Recommendation
    The Committee having diligently examined the 2012 and 2013 annual reports on petroleum funds, is satisfied that the Report is in accordance with clause 48 of the Petroleum Revenue Management Act, 2011 (Act 815) and therefore recommends to the House to adopt its report.
    Respectfully submitted.
    Mr Second Deputy Speaker 11:50 a.m.
    Thank you.
    Hon Chairman, the Committee itself recognises its own diligence and puts it in the Report. Have you heard about the lizard which fell from the high iroko tree?
    Mr Avedzi 11:50 a.m.
    Well, Mr Speaker, if a lizard falls from the tree and does not congratulate itself, nobody would congratulate it. So, we have to do something like that.
    Mr Second Deputy Speaker 11:50 a.m.
    Thank you.
    Hon Ranking Member?
    Dr Anthony Akoto Osei noon
    (NPP-- Old Tafo): Mr Speaker, I beg to second the two Motions, which are numbered as 7 and 8 on the Order Paper. In so doing, I would just want to say a few words.
    Mr Speaker, I would want to refer Hon Members to page 6 of the Committee's Report. The issue relates to the shortfall in the 2012 Annual Budget Funding Allocation (ABFA). The Committee Report says and with your kind permission I beg to quote:
    “…allocation was the shortfall in production targets, as well as the non-realisation of corporate tax in
    2012”.
    Mr Speaker, this was predictable so, as we indicated to the Ministry of Petroleum, they were advised that, because of our tax exemption laws, the corporate income tax for 2012 was not going to be realised. But they put it in the forecast only to come and say that corporate taxes were not realised, when they could have predicted ahead of time that it was not going to be realised. So we want to caution the Ministry of Petroleum to listen to their own technical people next time so that such mistakes do not occur.
    You notice that when you go to the 2013 Report, the opposite occurs under predication because, now some of the exemptions have passed so we would exceed the corporate taxes. What happens is that, it brings some distortions in the amount of moneys that can go to the Stabilisation and Heritage Funds and this is something that we should pay attention to because it is very important.
    Mr Speaker, if we go to page 10, one notices that, and with your permission, I would want to read:

    “The Committee observed that, contrary to Clause 46 (2), the audited reports on the receipt and the utilisation of Petroleum funds for 2011 and 2012 financial years have not been submitted by the Auditor- General”.

    Mr Speaker, contrary to the clause, the Minister is therefore caught in either to breach the Petroleum Revenue Management Act (PRMA) or to breach clause 46 (2). Now it comes to the Report from the Auditor General (AG). So, we do not really have sufficient information from the AG to comment on the Minister's Report. So we would want to find out from the Minister, as he or she closes the debate, to tell us what is causing the AG not to prepare the Report because it does not help us very much when we do not have the audited Report.

    Mr Speaker, one of the issues that is troubling in the Report and with your kind permission I would want to refer to page 11 -- is Expenditure on Capacity Building:

    “The Committee also noted that an amount of GH¢111,959,738 representing 14.1 per cent of the ABFA amount of GH¢516,834,831 for 2012 was spent capacity building”.

    Mr Speaker, to date, it is not exactly clear whose capacity was built. We have requested the Ministry of Petroleum to come back and give us details but at the time of submitting this Report, those details were still not available.

    If one looks at the Public Interest and Accountability Committee (PIAC) Report, that information is still missing, so I still want to find out from the Ministry of Petroleum about the GH¢111,959,738 capacity building.

    Mr Speaker, whose capacity were we building? It appears there was also information that was given and I would want to remind the Ministry that they still have not told us what it is. We were informed that GH¢35,000,000 was given to Micro-Finance and Small Loans Centre (MASLOC). The MASLOC Executive Director says they are not aware of the GH¢35,000,000, so the Ministry was supposed to come back to the Committee with that information.

    Mr Speaker, for Parliament to be talking about the Ministry spending GH¢111,959,738 on capacity building but not knowing exactly what it is, is not the best. I would want to urge you to direct the Ministry of Petroleum to come back to this House to give us the details. It is not in the PIAC Report either. The PIAD has requested and the Ministry is still not giving it. They promised to bring it back and they have not. We want to know exactly what is happening in the capacity building and you notice that, with time, those amounts going for capacity building have gone down a bit.

    Aside this amount, the Ghana National Petroleum Corporation (GNPC) itself tries to spend some money on capacity building.

    Mr Speaker, I think it would be most prudent for the Ministry to do that chore or GNPC be allowed to do that. If we have two different sources of capacity building, we would be duplicating a lot of activities. I think it would be useful, going forward, that before the Ministry brings its Report, they may want to do some reconciliation in the PIAC Reports. Otherwise there is a gap in information and even though the Committee has not submitted the Report from PIAD, I think we have to find a way to do all together, but we would be able to do some proper reconciliation.
    Mr Second Deputy Speaker noon
    Before the other people come in, I would defer debate on this. I think you moved Motion numbered 7? You moved and seconded both?
    Question proposed.
    Mr Alexander Afenyo-Markin (NPP -- Effutu) noon
    Mr Speaker, I thank you for the opportunity. In supporting the Motion, I would like to specifically, make reference to sections 73 (a) and (b) of Act 815.
    Mr Speaker, the Hon Ranking Member has referred to page 11 of the Report, where the Committee observed that the GNPC spent some money on capacity building. However, just to re-echo the point that in our own laws, we stated clearly that, GNPC and Mr Speaker, with your kind permission I beg to quote:
    “For a period not exceeding fifteen years after commencement of this Act, the cash or the equivalent in barrels of oil ceded to a national oil company shall --
    (a) not exceed fifty five percent of the net cash flow from the carried and participating interest after deducting the equity financing cost under paragraph (a) of sub section (2); and
    (b) be reviewed every three years by Parliament, but Parliament shall in every year approve the programme of activities of the national oil company”.
    Mr Speaker, by law, GNPC cannot decide to spend moneys anyhow and anywhere. These must come to this House for approval, this is what our laws say and it is not a matter of discretion that they can get up and say capacity building and spend any amount and when even Parliament demands details they refuse to furnish Parliament with the details--
    Mr Speaker, I tried to find out whether apart from it being a statutory breach, it also amounts to undermining the authority of this House and its powers. I realise that the GNPC is not showing respect to this House and it is for the Minister to remind the GNPC that it cannot choose to do anything with public funds. This House must be respected so, if the Minister is minded to take note of this, the GNPC must be advised so that, it does not repeat what it did in 2012.
    Mr Speaker, as we speak, I have in my hand a letter from the AG's office dated 4th February, 2015 and it is in respect of the GNPC committing funds --
    Mr Second Deputy Speaker noon
    Whom was it addressed to?
    Mr Afenyo-Markin 12:10 p.m.
    With respect, it was addressed to the Acting Chief Executive Officer. I would want to tender same after laying the foundation. It was addressed to the Acting Chief Executive Officer, GNPC Private Mail Bag, Tema- Accra and dated 4th February, 2015, and the title of the letter is; “Request for Legal Opinion on Establishment of Bank Guarantees on behalf of the Electricity Company of Ghana”.
    Mr Speaker, in this advice, which makes reference to a letter written by GNPC, GNPC wanted to know the position of the Attorney-General and Minister for Justice whether it could go ahead and issue a guarantee in support of a transaction between Electricity Company of Ghana (ECG) and Karpower.

    Mr Speaker, the gravamen of my contention is that, by Act 815, this House has mandated GNPC to come to this House and inform us of its activities and programmes for approval. So, if it decides to commit hundred million --
    Mr Second Deputy Speaker 12:10 p.m.
    Are you using it as an example?
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, I am going to refer copiously to the Attorney- General and Minister for Justice's advice.
    Mr Second Deputy Speaker 12:10 p.m.
    I do not have a problem with that if you are going to lay it. But I was just wondering. If I was following what you were saying, you said that, by refusing to supply information, they have indeed breached the relevant law. You said that, the relevant law does not give them an affected discretion. It predetermines how and why they should spend the money.
    You went on to talk about the refusal to give Parliament information when requested, and went on to say that you were wondering whether it was an afront to the dignity of Parliament. I was waiting for the reply, but you did not give me the answer. You just went ahead.
    You referred to the letter. With regard to the letter you are referring to, what is its relevance to the Report?
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, what I seek to do is to establish one more time, that GNPC, in spite of what it did in the year 2012, is still engaged in further breaches of spending moneys on other things without recourse to Parliament. That is what I am seeking to do.
    Mr Second Deputy Speaker 12:10 p.m.
    Is it moneys that they were given as a result
    of the Petroleum Fund or which kind of money?
    Mr Afenyo-Markin 12:10 p.m.
    Yes, Mr Speaker, that is its source. Yes, Mr Speaker, it is so, and the Law says that --
    Mr Avedzi 12:10 p.m.
    On a point of order. Mr Speaker, section 3 of the Petroleum Revenue Management Act (PRMA), Act 815 as the Hon Member quoted, has the GNPC's budget to be approved by Parliament.
    At the Committee level, it was admitted that usually, in meeting the Committee on Mines and Energy, they submit their budget to that Committee. What is missing however, is whether their budget should be covered with the Report and separately be presented to the House for approval. That is the issue.
    So, to them, they have fulfilled that obligation by submitting their budget to the Committee on Mines and Energy, which looks at that budget and gave approval. But we told them at the Committee level that that should not be the case, and that, in future, it should even come to the Finance Committee. The budget that relates to the use of the petroleum fund, which is ceded to them must come to the Finance Committee for consideration and approval, and that was discussed at the Committee level.
    Whatever the Hon Member is talking about, if they have undertaken any transaction which goes beyond the petroleum revenue, the issue is, does it call that they should come to the House for approval, or is their coming to the House limited to only the petroleum revenue? It is limited to only petroleum revenue and not any other transaction that they had undertaken? I just wanted to call the Hon Member's attention to that.
    rose
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Afenyo-Markin, are you ceding to the Hon Ranking Member?
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, I thought he was also up on a point of order?
    Mr Second Deputy Speaker 12:10 p.m.
    A point of order on a point of order?
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, I do not know, but I --
    Mr Second Deputy Speaker 12:10 p.m.
    No, you have the rules in your hands, so you should know. We do not take a point of order on a point of order. Are you ceding to Hon Akoto Osei?
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, with respect I do not understand the import of the question.
    Mr Second Deputy Speaker 12:10 p.m.
    You have a copy of the Standing Orders, do you not?
    He got up to raise a point of order against what you were saying. After raising a point of order against what you were saying, if it were a game of table tennis, the ball now comes into your court. So you have the floor now. When another Hon Member from your side stands up, I have to ask you whether you are ceding to that Hon Member. If you do not agree, then I would refuse to recognise that Hon Member. He cannot make a point of order on a point of order; it is a simple procedure.
    So, are you ceding to Hon Akoto Osei who is on his feet?
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, yes, just for a minute.
    Mr Second Deputy Speaker 12:10 p.m.
    Are you ceding to him for a minute?
    Mr Afenyo-Markin 12:10 p.m.
    Yes, that is it. He says, he would want to make an intervention for a minute on a point of information.
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Akoto Osei?
    Dr A. A. Osei 12:10 p.m.
    Yes, I would want to correct a statement made by the Hon Chairman. I followed most of his argument, but the part that is incorrect is that the Act does not make reference to the budget. It makes a reference to programmes and activities. That is the issue, and it is not the budget. I agree with him. The budget is not our concern except part of it.
    But Mr Speaker, with respect to my Hon Colleague at my side here in reference to the Report relates to a section of the Hon Minister's Report for the year 2011, as he said, which told us that in the year 2011, even though we did not approve a certain activity, GNPC went ahead and engaged in that activity.
    So, the Hon Member is reminding us that, in the year 2011, it happened and he has information on the current one. So, he is concerned about this propensity about GNPC either not to come to us, or when they come to us and we approve, they go round it. That is his concern.
    Mr Second Deputy Speaker 12:10 p.m.
    Thank you. Yes, Hon Afenyo-Markin?
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, coming back to the point I was making, my concern is that GNPC, as we speak, has gone ahead to issue a guarantee in support of a transaction which is not part of its core businesses. Whereas this law is very clear that they should come to us,
    they have refused to come to us. Just as in the year 2011, they paid a Tema Oil Refinery (TOR) debt of US$30 million, which we did not approve.
    In fact, it has not even come to us for any rectification of any sort.
    So Mr Speaker, such illegalities, with the greatest respect, cannot continue. The people of Ghana and the stakeholders who are monitoring this economy, which we are told is taking shape, would not take us seriously.
    How come the learned Attorney- General and Minister for Justice advised GNPC in spite of Act 815, which has not in any way been repealed? Mr Speaker, with your permission I quote from page 3, and thereafter, I would table it. It states --
    “By virtue of section 7 of loans Act and for guarantees transactions made under part III which are exempted from the requirement of parliamentary approval.”
    In other words, Parliament has waived its r ight to approve these loans or guarantees.
    Mr Speaker, when the Constitution confers a certain power on Parliament, Parliament cannot waive same by any enactment. So, I am surprised that the learned Attorney-General and Minister for Justice is fortifying the illegality of the GNPC, that they should go ahead and use the petroleum revenue anyhow because Parliament by an enactment has waived its right.
    Mr Speaker, if for any reason, we have waived our right to approve loans and guarantees, I beg to say, it is not constitutional since the Constitution is the parent law. If the Constitution says
    we have the mandate under article 181 to approve, we cannot by any enactment say we are waiving same.
    Mr Speaker, it is a serious matter that the Hon Minister must take note of not to continue to take this House for granted. Hundred million dollars (US$100m) is a huge amount. The people of Ghana demand transparency and accountability. We cannot continue like that, and when we finish, we go to the International Monetary Fund (IMF) for support and others. Who did the due diligence? Who followed up? Who scrutinised this transaction?
    12. 20 p.m.
    Mr Afenyo-Markin 12:10 p.m.
    Is it that GNPC on its own has its own set of laws and some we would receive the blessing of the Hon Minister because he has been attending to the Business of this House? The Hon Minister is aware of Act 815.
    Mr Second Deputy Speaker 12:10 p.m.
    Thank you.
    Mr Afenyo-Markin 12:10 p.m.
    So Mr Speaker, I am very much surprised that the Hon Minister would countenance this. And he is not just assuring us that this will not happen again; because it happened in
    2011.
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Afenyo-Markin, you have made your point. So do the appropriate thing with the document and go to the next point and then conclude.
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, with your leave, I would like to tender and proceed.
    Mr Second Deputy Speaker 12:10 p.m.
    Continue. Hon Dr Akoto Osei would lay it for you.
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, the advice of the learned Attorney-General endorsing the decision --
    Mr Second Deputy Speaker 12:10 p.m.
    Continue, Hon Afenyo-Markin.
    Mr Afenyo-Markin 12:10 p.m.
    Very well, Mr Speaker.
    Mr Speaker, now, if you look at the PIAC Report, though it is not before us, but it is important we make reference to it.
    Mr Speaker, we are aware that certain payments were made to Savannah Accelerated Development Authority (SADA). If you come here, the same payment is repeated.
    rose
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Chairman of the Committee, are you on a point of order?
    Mr Avedzi 12:10 p.m.
    Mr Speaker, the Hon Member is making reference to the PIAC Report, which is not before the House. So he should do the proper thing. He should not refer to any document which is not before the House.
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, I am fortified by relevance. If I am arguing and the matter I am referring to is of relevance, I am not out of order.
    Mr Speaker, the PIAC Report is related to the utilisation of oil revenue and I am contending that this Report captures certain abuses and we have to take note. Where they have allocated certain funds for afforestation and even so, we are being told that the trees were never planted; how can they capture over GH¢50 million within the same period for the same afforestation?
    Mr Speaker, it is a very serious matter and I am trying to draw their attention because the essence of --
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Afenyo-Markin, as you are well aware, the purpose of the relevant rule is such that you do not catch anybody by surprise, that the reports are before the House and that you talked on them before the House. This particular Report is not before the House. It is only that the matter is so notorious that -- You are not listening to me.
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, we would continue to learn at your feet but for the purpose of the records, the PIAC Report has been laid. It is part of the records of this House. So with your indulgence, I was trying to make certain submissions with respect to the conjunctive effect of the matters that we are discussing. This is because we are dealing with oil revenues and I am making some submissions on the observations of the Committee on certain expenditure, and I am trying to relate what we observed to some issues that came up on the utilisation of the same -- I am not going into the details but I am just citing one example to relate to the matter which is before us now.
    Mr Second Deputy Speaker 12:10 p.m.
    If we are not careful, once they mention anything on petroleum then it means that we could say anything on petroleum. Is that what it means? I would want to understand the drift of the --
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, I would relate it to matters that are part of the records of the House and are directly relevant to the very matter we are debating.
    Mr Second Deputy Speaker 12:10 p.m.
    I am listening to you and I am watching closely -- [Interruption.]
    Mr Afenyo-Markin 12:10 p.m.
    It is, Mr Speaker. We are talking about expenditure and whether or not due process was followed. It is oil revenue we are talking about, with the greatest respect.
    May I have your leave to proceed, Mr Speaker?
    Mr Second Deputy Speaker 12:10 p.m.
    I am listening to you.
    Mr Afenyo-Markin 12:10 p.m.
    Thank you, Mr Speaker.
    So, Mr Speaker, if you look at page 76 all the way to page 82, a number of projects have been listed which are supposed to be oil revenues to get these things funded.
    Mr Speaker, PIAC itself, in its own observations says that these projects were either non-existent or they have never been executed to the level which has been captured; and they are even questioning where these moneys went to?
    Mr Speaker, I think it is very important.
    Mr Speaker, I am being ambushed and I need your protection.
    Mr Speaker, looking at how PIAC has captured --
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Afenyo-Markin, you would be concluding. You have spoken for about 20 minutes.
    Mr Afenyo-Markin 12:10 p.m.
    Mr Speaker, I have been eyed enough so I would even want to take your advice and conclude.
    Mr Speaker, looking at all these things that have been captured 12:10 p.m.
    moneys that are supposed to be for certain projects and projects not being in existence, one
    wonders how the oil revenue is being utilised.
    Mr Second Deputy Speaker 12:10 p.m.
    That is a very good sentence to conclude on.
    Mr Afenyo-Markin 12:10 p.m.
    So, Mr Speaker, I would urge the Hon Minister that in going forward, he should ensure the strict monitoring of the oil revenues. He should ensure that those who are in charge of transfers into certain accounts, like the Microfinance and Small Loans Centre (MASLOC) that my boss referred to; like the afforestation thing;
    Mr Second Deputy Speaker 12:10 p.m.
    Thank you very much Hon Afenyo-Markin.
    Mr Afenyo-Markin 12:10 p.m.
    So Mr Speaker, the Hon Minister should take a cue and do what is right.
    Thank you.
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Afenyo-Markin, you have said it already. Thank you.
    Mr Govers Kwame Agbodza 12:10 p.m.
    Mr Speaker, my Hon Colleague just referred to somebody as his boss; I do not know who his boss is here?
    Mr Second Deputy Speaker 12:10 p.m.
    No, we would let it pass. If somebody wants to contribute, let him get up and do so.
    Yes, Hon Quashigah?
    Mr Richard M. Quashigah 12:10 p.m.
    Mr Speaker, it appears my Hon Colleague from the other side, Hon Afenyo-Markin might have succeeded in misleading this House.
    He copiously made reference to portions of the PIAC Report. I tried reading the PIAC Report online and I cannot find the page 76 that he was referring to. So if he can, tender the

    document that he is reading to the House so that we know exactly what he is talking about.
    Mr Second Deputy Speaker 12:10 p.m.
    This is a very strange request because Hon Afenyo-Markin has finished speaking. So make your contribution and do not request him to do something.
    Mr Quashigah 12:10 p.m.
    Mr Speaker, he made reference to moneys that were spent as far as the PIAC Report is concerned -- [Still standing]
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Quashigah, please sit down when the Speaker is speaking.
    Hon Afenyo-Markin has finished his submission. You can answer him in your submission. What you are saying now is like raising a point of order against him. Once he has sat down, Hon E. T. Mensah would tell you that you cannot raise a point of order. That does not mean that you cannot raise the matter. So, I am giving you the opportunity to contribute and in your contribution, raise this matter in a manner that is allowed by rules.
    So, get up and contribute.
    An Hon Member 12:10 p.m.
    He has nothing to say.
    Mr Quashigah 12:10 p.m.
    Who says I have nothing to say?
    Mr Speaker, I have been making reference to portions of the PIAC Report online and --
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Deputy Majority Chief Whip, do you get the point I am making?
    Mr Ahmed Ibrahim 12:10 p.m.
    Mr Speaker, you are right. After the Hon Member has finished speaking and has taken his seat, by our practice, there is no way one could raise a point of order against him. However, if certain inaccuracies were raised and he wants to clarify, the Hon Member has been given the floor to contribute. Maybe in his contribution, because the House is a House of records, the opportunity that has been given him could let him clarify certain things.
    When the Hon Member raised the issue, I also talked about it but I was told that the PIAC Report is not before the House. That might not be the PIAC Report he was talking about so maybe my Hon Colleague may clarify those issues then we move forward.
    Mr Second Deputy Speaker 12:10 p.m.
    Thank you.
    rose
    Mr Second Deputy Speaker 12:30 p.m.
    You have already spoken.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, he is the Hon Deputy Majority Whip. He should know what Businesses have been laid before this House. Please, the PIAC Report has been laid in this House, just for your information.
    Mr Ahmed Ibrahim 12:30 p.m.
    Mr Speaker, I would like to know the specific PIAC Report my Hon Colleague was talking about. This is because when he raised it, he said 2013/2015. That is what I wanted him to say. It does not mean I do not know the Business that has taken place in the House.
    Mr Second Deputy Speaker 12:30 p.m.
    I understand, Hon Member.
    Mr Ahmed Ibrahim 12:30 p.m.
    Mr Speaker, we can take item number 6 on page 2 of today's Order Paper, that is Motion on the Supplementary Appropriation Bill.
    Mr Second Deputy Speaker 12:30 p.m.
    That is, the Supplementary Appropriation Bill, 2015 be now read a Second time.
    Hon Minister for Finance?
    When I saw the Hon Chairman standing, I thought he had now become the Minister for Finance.
    BILLS -- SECOND READING 12:30 p.m.
    Minister for Finance (Mr Seth Terpker) 12:30 p.m.
    Mr Speaker, I beg to move, that the Supplementary Appropriation Bill, 2015 be now read a second time.
    Chairman of the Finance Committee (Mr James K. Avedzi) 12:30 p.m.
    Mr Speaker, I rise to support the Motion and present the Committee's Report.
    rose
    Mr Avedzi 12:30 p.m.
    Mr Speaker, the Second Reading is not seconded, so, I am associating myself.
    Mr Second Deputy Speaker 12:30 p.m.
    Hon Akoto Osei, do you have a point of order?
    Dr A. A. Osei 12:30 p.m.
    On a point of order. Mr Speaker, that is what I wanted to remind him of. I did not say he was going to second it.
    Mr Second Deputy Speaker 12:30 p.m.
    But the Hon Chairman did not second. He said he was associating himself.
    Mr Avedzi 12:30 p.m.
    Mr Speaker, I do not know why he stood up. I did not say I second, and then he stood up.
    He has no point. In fact, I reminded him so he changed his mind.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, he is not God to know what is in my head.
    Mr Second Deputy Speaker 12:30 p.m.
    Hon Member, what did you just say?
    Dr A. A. Osei 12:30 p.m.
    I got up to aid him, and he says I changed my mind. He is my able Hon Chairman. I wanted to remind him of something but since he does not want it, I would --
    Mr Second Deputy Speaker 12:30 p.m.
    Hon Chairman?
    Mr Avedzi 12:30 p.m.
    Mr Speaker, I present the Committee's Report.
    Introduction
    Mr Speaker, the Supplementary Appropriation Bill, 2015 was presented to Parliament on behalf of the Hon Minister for Finance by the Hon Deputy Minister for Finance, Mr Cassiel Ato Baah Forson and read for the First time on Tuesday, 12th May, 2015 and referred to the Finance Committee for consideration and report in accordance with article 179 (2) of the 1992 Constitution and Order 169 of the Standing Orders of the House.
    This follows the presentation of the Budget Statement and Economic Policy of the Government for the 2015 financial year by the Hon Minister for Finance. The Committee was also to determine whether the Bill was of an urgent nature.
    Mr Avedzi 12:30 p.m.


    Observations

    Constitutional Requirement

    The Committee notes that the request is in accordance with the constitutional requirement under article 179 (9) which requires a Supplementary Appropriation Bill to be presented to Parliament in the financial year next following the financial year to which the estimates relate.

    The Committee further notes that the Bill also provides for the appropriation of the sum so approved for the purposes specified in the estimates presented in July, 2014.

    Recommendation and Conclusion

    The Committee, having carefully considered the Bill, recommends that the House adopts its Report and ratify the sum of three billion, one hundred and ninety-six million, eight hundred and fifty- five thousand, six hundred and seventy- one Ghana cedis (GH¢3,196,855,671.00) issued from the Consolidated Fund for the purposes of financing the 2014 supplemen-tary expenditure in accordance with article 179 (9) of the 1992 Constitution of the Republic of Ghana.

    Respectfully submitted

    Question proposed.
    Dr Anthony A. Osei 12:30 p.m.
    Mr Speaker, I think you may put the Question on the Motion.
    Question put and Motion agreed to.
    The Supplementary Appropriation Bill, 2015 was accordingly read a Second time.
    Mr Ahmed Ibrahim 12:30 p.m.
    Mr Speaker, Motion numbered 4 on page 4 of today's Order Paper.
    Mr Second Deputy Speaker 12:30 p.m.
    Hon Chairman of the Committee?
    MOTIONS 12:30 p.m.
    Chairman of the Finance Committee (Mr James K. Avedzi) 12:30 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, EDAIF, ECOWAS Levy, destination inspection fees, and withholding tax liabilities on local and foreign supplies and other project related imposts amounting to two million, one hundred and fifty-five thousand, seven hundred and twenty Ghana cedis (GH¢2,155,720) including withholding taxes to the contractor on payments on purchases and installation amounting to two million, nine hundred and forty-seven thousand, five hundred United States dollars (US$2,947,500.00) required for the implementation of the Ghana Excise Tax Stamp Programme under the Contract Agreement between the Government of the Republic of Ghana and Authentix, U.S.A. for the procurement of a Tax Stamp System.
    Dr A. A. Osei 12:30 p.m.
    On a point of order. Mr Speaker, I think this is a waiver on the -
    - 12:30 p.m.
    Mr Second Deputy Speaker 12:30 p.m.
    Which one is that, Motion number 4? We are dealing with Motion number 11.
    Dr A. A. Osei 12:30 p.m.
    That is the one, I asked him, he said --
    Mr Second Deputy Speaker 12:30 p.m.
    Are you moving Motion number 11?
    Dr A. A. Osei 12:40 p.m.
    First yes, Mr Speaker, we are talking about Motion number 11.
    Mr chairman, you talked about Motion 11. Just an amendment to make sure that we do the right thing.
    Mr Avedzi 12:40 p.m.
    I think the Hon Member is right. So, I will amend that; I will take it again. Instead of “include”, I will make it “and”.
    Mr Speaker, I beg to move that, this Honourable House adopts the Report of the Finance Committee on the Request for Waiver of Import Duties, Import VAT, EDAIF, ECOWAS Levy, Destination Inspection Fees, and Withholding Tax liabilities on local and foreign supplies and other project related imposts amounting to two million, one hundred and fifty-five thousand, seven hundred and twenty Ghana cedis (GH˘2,155,720.00) and withholding taxes to the contractor on payments on purchases and installation amounting to the cedi equivalent of Two million, nine hundred and forty-seven thousand, five hundred United States

    dollars (US$2,947,500) required for the implementation of the Ghana Excise Tax Stamp Programme under the Contract Agreement between the Government of the Republic of Ghana and Authentix, USA for the procurement of a Tax Stamp System.

    Mr Speaker, in doing so, I present your Committee's Report.

    Introduction

    The request for waiver of Taxes, Import Duties, Import Value Added Tax, National Health Insurance Levy, Destination Inspection Fees, Export Development and Agriculture Investment Fund (EDAIF), ECOWAS Levy and Withholding Tax Liabilities on local and foreign supplies and other project related import, amounting to two million, one hundred and fifty-five thousand, seven hundred and twenty Ghana cedis (GH˘2,155,720.00) including withholding taxes to the contractor on payments on purchases and installation amounting to two million, nine hundred and forty-seven thousand, five hundred United States dollars (US$2,947,500.00) required for the implementation of the Ghana Excise Tax Stamp Programme under the Contract Agreement between the Government of the Republic of Ghana and Authentix, U.S.A for the procurement of Tax Stamp System was presented to Parliament on behalf of the Hon Minister for Finance by the Hon Deputy Minister for Finance, Mrs Mona K. Quartey on Tuesday, 19th May, 2015.

    Mr Speaker referred the request to the Finance Committee for consideration and report in accordance with article 174 (2) of the 1992 Constitution and Order 169 of the Standing Orders of the Parliament of Ghana.

    The Committee was assisted by the two Hon Deputy Ministers for Finance, Mrs Mona K. Quartey and Mr Cassiel Ato Baah Forson and officials from the Ministry of Finance and Ghana Revenue Authority during its deliberations.

    The Committee is grateful to the Hon Deputy Ministers and the officials for their assistance.

    Reference

    The Committee referred to the following additional documents during its deliberations:

    The 1992 Constitution of Ghana;

    The Standing Orders of the Parliament of Ghana; and

    Contract Agreement between the Government of the Republic of Ghana and the Authentix Inc. USA for the procurement of Tax Stamp System

    Background

    Recent developments regarding the loss of revenue through illicit trade have necessitated the introduction of measures to improve current inspection, verification and monitoring procedures. This is part of efforts to increase revenue collection and address other challenges. Illegal operators smuggle tobacco, textile and other excisable products as well as indulge in the sale of ‘counterfeitable' products. The use of tax stamps and banderols on such selected excisable products has been identified as an effective means of addressing these challenges.

    To address these, Parliament in December 2013 passed the Excise Tax Stamp 2013 Act, (Act 873), to give legal backing to this policy. The Ministry of Finance consequently entered into a contract with Authentix Inc. USA for the

    procurement of the tax stamp system and Parliament at its thirty-sixth sitting held on Monday, 31st March, 2014 approved by Resolution, the Contract Agreement between the Government of the Republic of Ghana and Authentix Inc. USA for the procurement of a Tax Stamp System.

    Scope and Technology Versatility

    The scope of work encompasses installation, testing, training and support and maintenance of the tax stamp system. The system will provide solution through the use of the tax stamp with detection gadget and database administration system for monitoring, tracking and reconciliation. This system technology provides overt, covert and forensically secure identification features that are incorporated into the tax stamp to be applied on selected products at the point of manufacture and importation into the commerce of the Republic of Ghana.

    The design of the tax stamp shall be such as to distinguish between locally manufactured and imported products and the various product categories. It is envisaged that this system will create strong stakeholder relationships between manufacturers, importers and the revenue authority. It may further promote confidence and public health through the recognition and consumption of legitimate products.

    The technology will interface with existing management systems of the Ghana Revenue Authority and will further enhance and complement existing risk assessments to promote effective intelligence-led audits and inspection associated with revenue collection.

    Obligations of the Government of Ghana

    Clause 20 of the General Conditions of the Contract (GCC) Agreement as affirmed in the Special Conditions of the Contract (SCC) between the Government of the
    Dr Anthony A. Osei (NPP -- Old Tafo) 12:40 p.m.
    Thank you Mr Speaker.
    I rise to second the Motion, and to urge Hon Members to adopt the Committee's Report.
    I would want to bring Hon Members' attention to page number 4 of the Committee's Report.
    Mr Speaker, in the Committee, we found out that there are very serious implementation challenges with this particular initiative. As far as we are concerned, even though we approve the Bill, there are no collections. The Ministry anticipated a certain amount of revenue on the basis of the Act, but there are serious implementation challenges. The Committee holds the view that this challenge should be anticipated by the Ministry and the consultant.
    Right now, what is happening is that Government is losing revenue because of poor planning of the so-called consultant, and it is not acceptable. I do not know where we are now. But when we met the
    last time at the Committee, it appeared that the Ministry or the Government may not be able to, unless it gets over these implementation challenges, it will be difficult to get in the revenue that it was expecting.
    So maybe, the Hon Minister may want to brief the House a little about where we are with respect to the implementation, and to see whether there have been any progress. But the information that was given to us was not the best. Otherwise, the initiative was good, but the implementation is not the best. We do not have any choice but to grant the waiver.
    The Hon Minister may want to give us an update on the status of the implementation.
    With these few words, I urge Hon Members to adopt the Report subject to further elucidation by the Hon Minister on the status of the implementation.
    Question proposed.
    Mr Second Deputy Speaker 12:40 p.m.
    I think I will put the Question.
    rose
    Mr Second Deputy Speaker 12:40 p.m.
    Yes, Hon Dr A. A. Osei?
    Dr A. A. Osei 12:40 p.m.
    Mr Speaker, I believe it will help the House if we get an update on this serious aspect of the Committee's Report, so that Hon Members' fears can be allayed. This is because, it is a major recommendation in the Committee's Report, and before we adopt the Report, it will be useful if the Hon Minister gives Hon Members an update.
    If we are not comfortable with it, we may want to hold back on adopting the Report; it is serious.
    Mr Second Deputy Speaker 12:40 p.m.
    Hon Chairman of the Committee?
    Serious matters have been raised.
    Mr Avedzi 12:40 p.m.
    Mr Speaker, I think that issue cropped up at the Committee level -- [Interruption.]
    Mr Osei B. Amoah 12:40 p.m.
    Are you the Hon Minister?
    Mr Avedzi 12:40 p.m.
    Mr Speaker, called me, that is why I am responding.
    Mr Second Deputy Speaker 12:40 p.m.
    Hon Chairman of the Committee, address the Speaker?
    Mr Avedzi 12:40 p.m.
    Mr Speaker, you called me?
    Mr Second Deputy Speaker 12:40 p.m.
    Yes, I did.
    Mr Avedzi 12:40 p.m.
    Hon O. B. Amoah, Mr Speaker called me, that is why.
    Mr Speaker, yes, it cropped up at the Committee, and we were all worried. So, we asked what was the solution. It was explained that those issues were being resolved with the individual companies which are involved. In fact, one example was given for Accra Brewery Limited (ABL), that they are in discussion with them to see how best that issue can be resolved.
    So, I think they have given enough assurance for the solution to be corrected.
    Mr Second Deputy Speaker 12:40 p.m.
    Hon Chairman, would you want the Hon Deputy Minister to also add her voice to the assurance?
    Yes, Hon Deputy Minister?
    Deputy Minister for Finance (Mrs Mona H. K. Quartey): Thank you, Mr Speaker.
    Some of the difficulties were associated with products, that would get wet, and therefore, applying the Stamp Duty to them after production would be a problem. For example, ABL and Fan Milk Company Limited and so on. What was discussed with those companies was that, the containers will have the Stamp Duty affixed to them before they are filled.
    For other ones that will come up, there will be solutions that will come up for all of them. But basically, the two -- that is cold products were the ones that were posing the problems. So, the solutions have been found.
    Mr Second Deputy Speaker 12:40 p.m.
    So, it means you are working on it? Madam Deputy Minister, it is work in progress.
    rose
    Mr Second Deputy Speaker 12:40 p.m.
    Yes?
    Mr Afenyo-Markin 12:40 p.m.
    Mr Speaker, still on page 4 -- the two recommendations by the Committee. It is unfortunate the Hon Minister is not in; he has left. But the Hon Deputy Minister -- correct me if I am wrong, Mr Speaker -- cannot assure this House of the Ministry's ability to take on board these recommendations.
    This is because, Mr Speaker, my view is that her boss, the substantive Minister is the one who can, because this is a matter of policy, and any assurances that she gives us are not or will not be binding on the Hon Minister. The Hon Minister can come and say that she only assists him, she cannot talk for me.
    Mr Second Deputy Speaker 12:40 p.m.
    I disagree with you.
    Mr Afenyo-Markin 12:40 p.m.
    Very well.
    Mr Second Deputy Speaker 12:50 p.m.
    This is because when an Hon Deputy Minister gets up and gives an assurance on behalf of the Ministry, there is a presumption that the Hon Deputy Minister has the authority of the Hon Minister to give that assurance.
    If the Hon Deputy Minister does not have that authority -- I am of the firm view that all of us being adults -- the Hon Deputy Minister will not get up and give that assurance. That is why the Constitution has an age limit for us to become Ministers, et cetera. We are all responsible adults. If the Hon Deputy Minister is of the view, if any Deputy Minister is of the view that he or she will say it -- We have all been Hon Deputy Ministers before -- that person will say that he or she cannot do it. Once a Deputy Minister gets up, it means he or she can do it. Maybe, it is that person's schedule.
    Ministries have their own arrange- ments. So, let us assume -- when a Deputy Minister gets up, we give the Deputy Minister all the respect. You have the authority, so, you can take the Hon Minister on, that his Deputy Minister had said this. So, what you are suggesting is something that I would not encourage.
    Hon Osei Bonsu Amoah, can I have your view on that?
    Mr O. B. Amoah 12:50 p.m.
    Mr Speaker, you have said it. You were saying that if the Hon Deputy Minister thought that she did not have the authority to make that assurance, then she would not have made it.
    So, we would take her for her word, that she is assuring this House that they would follow up and implement it. If it happens that it is not done, we would drag her and the substantive Minister here.
    Mr Second Deputy Speaker 12:50 p.m.
    Yes, so continue but not on that tangent -- she has authority.
    Mr Afenyo-Markin 12:50 p.m.
    Mr Speaker, prior to taking your Seat, there was some information from the Hon Majority Whip that --
    Mr Second Deputy Speaker 12:50 p.m.
    I was watching all the proceedings -- Hon Member, please, sit down.
    I was watching the proceedings on close circuit television. The question -- the Hon Majority Chief Whip said that the Hon Minister was around, but he just went outside to make a call, so, he was seeking leave of the House to let the Deputy Minister move the Motion on behalf of the Hon Minister.
    He asked Hon Nitiwul, and there was banter up and forth, and the Hon Minister appeared. That is different. When an Hon Minister is supposed to specifically answer a Question or do a specific thing, we would ask the Hon Minister to do it.
    But if a Deputy Minister is on the floor of Parliament, and we are all under oath, and ask something about the Ministry and the Deputy Minister gets up and says that; “yes, all roads in schedule would be tarred”, why should I argue with the Deputy Minister? I would gladly adopt what the Deputy Minister had said.
    So, let us -- because if we start secreting her, it is very dangerous. Then we would have to find out what is her level of authority, and so on. We would not go into that. The Executive run their Executive, and we are the Legislature.
    Question put and Motion agreed to.
    Alhaji Muntaka 12:50 p.m.
    Mr Speaker, consequential Resolution -- item number
    12.
    RESOLUTIONS 12:50 p.m.
    Mr Second Deputy Speaker 12:50 p.m.
    For the records, what is the consequential amendment?
    We have not amended it yet. We amended the Motion, so we should amend the Resolution as well.
    Mr Avedzi 12:50 p.m.
    Mr Speaker, we amended the Motion, so the Hon Deputy Finance Minister is saying that as a result of the amendment to the Motion, that Resolution is accordingly amended.
    Mr Second Deputy Speaker 12:50 p.m.
    So, Hon Chairman of the Committee, we are saying that the Resolution should also be
    amended to bring it in line with the Motion. It does not happen automatically. It is a House of records, so, once you have amended the Motion, my view is that, we should move for the Resolution to also be amended. The view was given that it happens automatically, but it does not.
    But it does not matter. I think what we all mean is that the Motion was amended, and so the Resolution should also be accordingly amended.
    Hon Chairman, am I correct?
    Mr Avedzi 12:50 p.m.
    Mr Speaker, it should also be amended, and based on that, I second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Alhaji Muntaka 12:50 p.m.
    Mr Speaker, vetting is going on, and there are Committee sittings advertised. So, I beg to move that this House should stand adjourned, till tomorrow at 10.00 o'clock in the forenoon.
    Mr Second Deputy Speaker 12:50 p.m.
    Hon Ignatius Baffour Awuah, your view on the matter.
    Mr I. B. Awuah 12:50 p.m.
    Mr Speaker, I have no objections to it, so I second the Motion.
    Mr Second Deputy Speaker 12:50 p.m.
    You second the Motion, and so we should adjourn.
    Question put and Motion agreed to.
    ADJOURNMENT 12:50 p.m.
  • The House was accordingly adjourned at 12.56 p.m. till Wednesday, 3rd June, 2015, at 10.00 a. m.