Debates of 25 Jun 2015

MR SPEAKER
PRAYERS 11 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11 a.m.

Mr Spe ak e r 11 a.m.
Hon Members , Correction of Votes and Proceedings of Wednesda y, 24th Jun e, 2015.
  • [No correction was made to the Votes and Proceedings of Wednesday, 24th June, 2015.]
  • Mr Speaker 11 a.m.
    Hon Members, we do not have any Official Report for correction for today.
    Hon Deputy Majority Leader?
    Mr Alfred K. Agbesi 11 a.m.
    Mr Speaker, may I have your permission to vary the Order of Business for today and take item number 8, the Report of the Appointments Committee.
    Mr Speaker 11 a.m.
    Very well.
    Is the Chairman of the Public Accounts Committee here? So that we could quickly lay those Papers before we take the item number 8.
    Mr Agbesi 11 a.m.
    Mr Speaker, the Chairman of the Appointments Committee is --
    Mr Speaker 11 a.m.
    Public Accounts Committee. Who is the Vice Chairman?
    rose
    Mr Speaker 11 a.m.
    Are you a member of the Committee?
    Mr Speaker 11 a.m.
    Is the Report on item 5(a) ready?
    Mr Owusu-Bio 11 a.m.
    Mr Speaker, the Hon Chairman is just outside.
    Mr Speaker 11 a.m.
    Very well.
    Hon Members, item number 8, Motion. Chairman of the Appointments Committee?
    Mr Ebo Barton-Odro 11 a.m.
    Thank you very much, Mr Speaker.
    Mr Speaker, I would move the Motion first and ask for leave to amend certain portions of the Report.
    MOTIONS 11:10 a.m.

    Chairman of the Appointments Committee (Mr Ebo Barton-Odro) 11:10 a.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Appointments Committee on H. E. the President's nominations for appointment as Justices of the Supreme Court.
    Mr Speaker, I present your Committee's Report.
    Introduction
    The President of the Republic of Ghana, His Excellency John Dramani Mahama on the advice of the Judicial
    Council and in consultation with the Council of State nominated two (2) persons for appointment as Justices of the Supreme Court of Ghana in accordance with article 144 (2) of the 1992 Constitution and communicated same to Parliament on 12th May, 2015 for their prior approval.
    The nominations were subsequently referred to the Appointments Committee by the Hon Speaker for consideration and report pursuant to Order 172 of the Standing Orders of the House.
    The nominations are as follows:
    i) Justice Yaw Appau -- Justice- designate for the Supreme Court
    ii) Mr Gabriel Pwamang -- Justice- designate for the Supreme Court
    Reference documents
    The Committee was guided in its deliberations by the following:
    i. The 1992 Constitution of the Republic of Ghana;
    ii. The Standing Orders of the Parliament of Ghana; and
    iii. The Curriculum Vitae of the Nominees.
    Procedure for Considering the Nomina- tions
    As part of its procedures and in line with Order 172 (3) of the Standing Orders of the House, the Committee caused to be published in the national newspapers the notice of its public hearing for the
    consideration of the nominations and also invited memoranda from the general public in respect of the nominees.
    Confidential reports in respect of the nominees were also obtained from Ghana Revenue Authority, the Ghana Police Service and the Bureau of National Investigations (BNI) for the purpose of conducting background checks on the nominees.
    Following these activities, the Committee held a two day public hearing from Monday, 2nd to Tuesday, 3rd June, 2015 to consider the nominations in furtherance of Order 172 (3) of the Standing Orders of the House.
    Before the commencement of procee- dings, the nominees subscribed to the Oath of a Witness. The Committee's line of questioning focused on issues relating to the nominees' citizenship, records of their offices, matters pertaining to the offices to which they have been nominated, issues of national concern and their comprehension of the Laws of Ghana.
    The Committee has duly considered the above nominations and reports as follows:
    Justice Yaw Appau -- Justice- Designate for the Supreme Court
    Background
    Justice Yaw Appau was born on 2nd August, 1951 at Badu in the Tain District of the Brong Ahafo Region. He attended Wenchi West Primary School for his primary education and Bekwai Methodist Middle School. He enrolled at Prempeh College between 1965 and 1967, but he dropped out due to financial challenges.
    From 1967 to 1971, he proceeded to Ajumako Teacher Training College where he obtained Teachers' Certificate “A”. He also obtained his “O” and “A” level Certificates as a private candidate.

    Justice Appau attended the University of Ghana, Legon from 1977 and 1980 and was awarded a B. A. (Hons) in Law and Political Science. He later attended the Ghana Law School from 1980 to 1982 and was called to the Ghana Bar as a Barrister and Solicitor of the Supreme Court of Ghana in December, 1982.

    Justice Appau started work as a professional teacher from 1971 to 1977 in a number of schools including Droboso L/A Middle School and Frema L/A Middle School. At Subingya L/A Primary School, he was also the headmaster of the school.

    After his call to the Bar, he was appointed the Regional Coordinator of the then Students and Youth Task Force in the Northern Region in 1982. In 1983, he was appointed as the Deputy Regional Secretary for the Brong- Ahafo Region. He later received nomination for training in Havana, Cuba for a ten-month course in International Relations. On his return, Justice Appau was appointed a member of the National Investigations Committee (NIC) in 1984. In May 1985, he resigned from the NIC and went into private legal practice at Barimah Chambers, Sunyani.

    The nominee was appointed a District Magistrate Grade 1 in September, 1991.

    Justice Appau worked at the Sekondi District Magistrate Court as a District Magistrate from 1991 to 1995. His court functioned as both a Family Tribunal and a Juvenile Court. As part of his schedule, he supervised the Shama and Cape Coast District Magistrate Courts. In 1996, the nominee was promoted Circuit Court Judge and posted to the Aflao Circuit Court.

    In 2000, he was appointed a Justice of the High Court. He was later posted to

    the Ashanti Region as the Supervising High Court Judge until his appointment as Justice of the Court of Appeal in 2006.

    On 8th October, 2012, Justice Appau was appointed the Sole Commissioner of the Commission of Inquiry to delve into Judgment Debts and other matters as per

    C.I. 79.

    The nominee holds membership in both local and international associations including the Association of Magistrates and Judges of Ghana (AMJG). He has participated in a number of national and international conferences and also delivered a number of papers on key topics.

    Contributions to the development of the Law

    Regarding his contributions to the development of the law, the nominee indicated that, he has been on the bench for 24 years during which he delivered very important judgments which have had far reaching impact on the development of the law. He stated that most of the decisions are reported in the Ghana Law Reports.

    He cited his ruling on the Sodom and Gomorrah case (2003) which was an action brought against the Accra Metropolitan Authority (AMA) by residents of Sodom and Gomorrah. He indicated that the judgment directed that the residents could be ejected on condition that they were given reasonable time to prepare themselves.

    He also mentioned his decisions on the Stadium Disaster and the Yaa Naa cases. He further informed the Committee of an interesting case he decided on, which involved Richard Butt and the Ghana Immigration Service relating to deporta- tion. Apart from his contributions made

    to the development of the law, the nominee also informed the Committee that he had served severally as a resource person at the Judicial Training Institute where he delivered a number of papers in nurturing and training newly appointed judges and magistrates.

    Role models

    The nominee identified Oliver Wendell Holmes Jr. and Alfred Thompson Denning as his role models, and was nicknamed Oliver Wendell Holmes.

    The nominee said he liked them because they were great Jurists. Lord Denning was English while Oliver Holmes Jr was American. They were also described as great dissenters and courageous Judges. Lord Denning fought in the First World War, 1914 to 1918 and Oliver Wendell Holmes also fought in the American Civil War in 1861 and 1865. They were very great judges and he admired their data.

    Nominee's experience at the National Investigations Committee

    The nominee, in responding to the nature of work he did while serving as a Member of the National Investigations Committee, informed the Committee that, the seven Member Committee made up of himself, Mr Emmanuel Ohene who is now a lawyer, Lawyer Larry Adjetey, Lawyer Emmanuel Ayebi (now an Appeal Court Judge) and three others, was the highest investigative body of the Government at the time and they were tasked to investigate very serious cases involving economic crimes and other matters.

    The nominee recollected a major case investigated involving combat goods. The soldiers had petitioned the

    Committee that they had returned from Lebanon for over two years and the goods they purchased had not arrived as yet. The Committee conducted investigations which revealed that the ship that was meant to convey footwear for the soldiers was rather used to convey sugar and rice. At the time, sugar was a scarce commodity in the country and the goods were tagged as combat goods to evade payment of duties to the Government.

    On whether he considered his membership of the National Investigation Committee (NIC) a betrayal of what the Bar and professional bodies stood for at the time, the nominee informed the Committee that, he could not recall any opposition at the NIC but a general opposition against the PNDC process as a whole by the Bar.

    The lawyers did not understand why after 10 months in Cuba and six months at NIC he could come back to Sunyani as a practising lawyer; they suspected him to be a spy planted among them. With much difficulty, Lawyer Kofi Gyambura accepted him into his chambers. It was later on that the Judges really believed that he had actually resigned from the NIC.

    Establishment of an Independent Emolu- ments Committee

    The nominee informed the Committee that the framers of the 1992 Constitution had good reasons why article 71 was drafted in its current form instead of establishing an Independent Emoluments Committee.

    He said he held the view that article 71 office holders such as the President, the Vice President, Hon Ministers, Hon Members of Parliament, the Electoral Commission, the Commissioner of CHRAJ, and Superior Court Judges, among others, are special persons. These institutions are
    Chairman of the Appointments Committee (Mr Ebo Barton-Odro) 11:10 a.m.


    the home. If it was established that the property was acquired during the subsistence of the marriage, then the property belongs to both and so equality is equity.

    Dress Code of Judges

    The nominee said it was about time that perhaps Judges demystify their appearance in court. He informed the Committee that, when Her Lady Chief Justice introduced this new directive where Judges were not supposed to put on wigs in civil cases, the idea was a welcome one. This is so because in other countries, for example in South Africa, they do not wear bibs and wigs. A tie and a gown were enough. And with the gown, to assert our independence, the nominee believed it could be designed in a way just as Parliament has done for the Speaker of Parliament, using kente to design something very beautiful for Judges.

    Decoupling Attorney-General's Office from the Ministry of Justice

    The nominee in stating why he thinks that the two functions should be decoupled said, he was of the view that instead of the Attorney General's position being a Minister of State, the position can be likened to that of the Commission for Human Rights and Administrative Justice (CHRAJ) or something of the sort, so that there is some independence with the Attorney Generals' work.

    In that vein, when it comes to the prosecution of cases involving public officials, then we are confident that irrespective of who the public officer is, the Attorney General will not have any inhibitions in carrying out his/her duties.

    He said if the Attorney General is a minister and he/she has to prosecute
    Mr Speaker 11:10 a.m.
    Any seconder?
    Hon Minority Leader?
    Mr Osei Kyei-Mensah-Bonsu 11:10 a.m.
    Mr Speaker, I beg to second the Motion, but to signal that I may come back later to contribute to the debate.
    Question proposed.
    Mr Kobina Tahir Hammond (NPP-- Adansi Asokwa) 11:20 a.m.
    Mr Speaker, thank you very much.
    I rise to contribute to the debate. In doing so, I would go through a few of the responses to the questions posed to Mr Justice Appau.
    Mr Speaker, I would deal with it in the sequence that they appear in the Report.
    Mr Speaker, the nominee during the vetting was asked about his contribution to the development of law in the country.
    Mr Speaker, yesterday, in your absence, when the First Deputy Speaker took over the chair, there were issues about Sodom and Gomorrah -- I understand that we should call it by its proper name, Old Fadama -- It appeared that Justice Yaw Appau gave a ruling on the status of the people. He indeed, ruled that it was proper for the residents of Sodom and Gomorrah to be removed by the Accra Metropolitan Assembly (AMA). Of course, there was a condition he attached to it.
    Mr Speaker, what he did was not added to his contributions. Really, is the fact that, it was Justice Appau; Appau J. as he then was, who actually made the ruling in the High Court to the effect that the Ghana National Petroleum Corporation (GNPC) should pay a whopping sum of ¢30 billion

    in the then currency, plus interest on a loan of, I think, ¢6 billion that they have taken but they had defaulted. He ordered that they should pay that sum of money which led to the sale of property belonging to GNPC.

    Mr Speaker, indeed, that was at the time when there had been a ruling in England on behalf of Societe Generale, that GNPC should also pay US$47 million to the said company. It was at the same time when he had made this ruling in Ghana. I thought that should also go down as part of his contribution to the development of the law in this country.

    Mr Speaker, he talked about Federation Internationale de Football Association (FIFA) and wonders why the Ghana Football Association (GFA) has become an untouchable institution. Mr Speaker, he expresses his view that he thinks it is wrong. I support the view that he has proffered over here.

    Mr Speaker, it seems to me to be wrong that GFA should be an exception to the rule that “whoever pays the piper, also calls the tune”.

    Mr Speaker, we have a situation where the Government of Ghana pays a considerable sum of money for the upkeep and development of football in the country, towards the preparation of the Black Stars for various international assignments.Yet, when it comes to its finances, a Chinese wall is built between the people, the Government and the GFA.

    We have now become all the wiser because of the developments at FIFA. Maybe, that is the reason why FIFA has its own rules. They would not want anybody to know what is going on in the various football jurisdictions of the world.
    Mr Kobina Tahir Hammond (NPP-- Adansi Asokwa) 11:20 a.m.


    Maj. (Dr) (Alhaji) Mustapha Ahmed (retd.) -- rose --
    Mr Speaker 11:20 a.m.
    Mr Speaker, Hon Minister for Youth and Sports, do you have any point of order?
    Maj. (Dr) (Alhaji) Ahmed (retd.): Yes, Mr Speaker, I have a point of order.
    The Hon Colleague said, there is a Chinese wall between the GFA and the Government. I would like to put on record that the Chinese walls built are around our stadia, not between Government and the
    GFA.
    Mr Hammond 11:20 a.m.
    Mr Speaker, so, he was quite unhappy that the Justices should be empanelled electronically. Mr Speaker, I am also anxious. I think that judges are empanelled on the basis of their specialised knowledge when it comes to certain areas of the law. So, if a system has been put in place where the lot falls but if a digital or electronic system is used to choose which judges should sit on certain cases, I think the system should impress on those who know how to amend it.
    This is because the computer has a mind of its own, and will not always come up with the judges who are appropriately suited for specific cases.
    Mr Speaker, he dealt with another matter which again, I support. He talked about the case of Asare v. the Attorney- General. Mr Speaker, it is a matter which relates to the fact that when both the President and the Vice President are out
    of the country, it is considered that there is no President in the country and that the Rt Hon Speaker should be sworn in as the President.
    Mr Speaker, I understand that on one occasion, your august self thought that -- You were not quite happy swearing the oath and you did not swear the oath to become President.
    Mr Speaker, I take the view that whenever the opportunity arises again, this matter should be put back to the Supreme Court for consideration and ruling.
    Mr Speaker 11:20 a.m.
    Hon Members, the matter is at the Supreme Court so, let us tread cautiously.
    Mr Hammond 11:20 a.m.
    Mr Speaker, I am grateful.
    Mr Speaker 11:20 a.m.
    Yes, Hon Member.
    Mr Hammond 11:20 a.m.
    Mr Speaker, I am grateful to you. That is what I am calling for. If it is there already, then Mr Speaker, I am so grateful that it has come to that.
    Mr Speaker, Justice Yaw Apau made some specific references to the property rights of spouses. He took his clue from Lord Denning's decisions in the well- known cases of Gissing v. Gissing, Pettit v. Pettit and Heseltine v. Heseltine.
    He would want to read around it to know that since the 1970's when Lord Denning came up with this, the frontiers of family law, particularly with respect to distr ibution of property r ights has changed beyond recognition.
    The recent cases of McFarlane v. McFarlane, Miller v. Miller and indeed, the recent one in March this year of Wyatt v.Vince, has put the distribution beyond the recognition of cases that he identified.
    Mr Speaker, so I think that Justice Apau would want to refresh his memory with respect to those areas.
    Mr Speaker, then when Justice Yaw Apau was asked specifically about the functions of the Supreme Court, he made a disturbing point that there is so much talk about the Supreme Court, but the Judiciary as a whole do not have Associates or Clerks who help them.
    We all appreciate the difficulties of judges. So, to think that even at the level of the Supreme Court, we do not have associates who help them, Mr Speaker, I think it is a very serious matter that has to be looked at.
    He also made a statement, which for me, is rather disturbing. He said that in some specific instances, he had to rely on some members of the Bar to help him research certain areas of the law. He also made the point that indeed, in some jurisdictions, I think he cited the case of the United States of America, that the associates help to write the judgments of the Court for a particular judge.
    Mr Speaker, I think this is rather a dangerous and a very slippery road which must not be trodden by our Supreme Court. The reason is that if a judge is not careful and relies on associates, the product may well end up not being what was anticipated.
    Mr Speaker, for example, you have a situation where a judge, whether in a Court or as a Commissioner, produces a Report of judgement in which a witness, for example, is described as being arrogant and boastful. Mr Speaker, you would think that a judge would not normally write something like this. But left to an Associate, phrases like that would seep
    undetected into the Report or the judgment.
    Mr Speaker, the nominee would also appreciate that underlining the basic judegement of any Court is the foundation of facts. When the facts are wrong, the nominee would realise that the outcome or the judgement is completely wrong.
    So, for example, if it is a fact that is being debated in the Court or are matters that have come before him as a commissioner, it is imperative on the nominee, or for that matter, any judge or commissioner, to get the facts right and be fair to all the individuals, whether counsel, witnesses or whoever appeared before the judge or the Commission.
    This is because there is the legitimate expectation that in the context of this, everybody -- from the context of appearance before a Court and in the context of natural justice, everybody appearing, should be given the benefit of a fair hearing. If witnesses appear before a Commissioner or the Court and some of the witnesses do not get mentioned at all, but only mentioned by reference to the fact that they did appear in the room, one starts wondering whether it was proper adjudication.
    Mr Speaker, these are matters that any judge or any person sitting as a Commissioner should be aware of. Again, we go back to the suggestion that it is possible for some Associates to write reports. If for example, a Report or a judgement appears, and a name as prominent as that of a former President of the Republic could not be spelt properly, Mr Speaker, then the impression is given that the Report was not written by the proper person.
    It is worrying and that is why I am cautioning specifically that it may be a very dangerous exercise to get Associates
    Mr Speaker 11:30 a.m.
    Hon Member, please wind up.
    Mr Hammond 11:30 a.m.
    Mr Speaker, I am winding up.
    Mr Speaker, in the case of Sir Scott -- Mr Gabriel Pwamang, myself, Dr Benjamin Kunbuor, and Hon Joe Ghartey, completed the University of Ghana in 1986. I congratulate him, and I am happy that we produced two Attorney-Generals and then we are also producing a Supreme Court Judge. I am happy, it is a very great band of individuals and I do not think there are many around, especially those looking at me from the other Side, who can boast that they have a cabal of that nature.
    I congratulate him and I am happy for him. I think he would also learn from some of the things --
    Mr Speaker 11:30 a.m.
    Hon Deputy Majority Leader?
    Mr Agbesi 11:30 a.m.
    Mr Speaker, my Hon Colleague used a word that they had produced a “cabal”. I think that word is so strong and it would give meaning to a certain situation which is unwanted. A “cabal” -- Mr Speaker, I think that he used a strong word because it connotes some meaning.
    Mr Hammond 11:30 a.m.
    Mr Speaker, I am wondering, because he is not a member of it and I have not asked him to be a member. I have described the membership.
    Mr Speaker 11:30 a.m.
    Hon K. T. Hammond, what do you mean by a “cabal”?
    Mr Hammond 11:30 a.m.
    Mr Speaker, it means a little group of a privileged few. [Interruptions] and we are the members. He is excluded, but Hon Joe Ghartey, Dr Benjamin Kunbuor, myself and then of course, we now have Sir Scott, who is Mr Gabriel Pwamang, also being part. He is not part of them, so what is his worry?
    Mr Speaker, whatever rendition or whatever may be the meaning of that, he is excluded.
    Thank you very much, Mr Speaker.
    Mr Speaker 11:30 a.m.
    Hon Deputy Majority Leader, the context in which he used the word, is not un-parliamentary. In certain circumstances, the use of the ward “cabal”, can be un-parliamentary, but the context in which -- I think it is on the lighter side -- The context in which he used it is “classmates”, should be --
    Yes, Hon Osei -Owusu?
    Mr Joseph Osei-Owusu 11:30 a.m.
    Mr Speaker, I heard my Senior Colleague, Hon K. T. Hammond, mentioning himself, Dr Benjamin Kunbuor, the Second Deputy Speaker, and one Sir Scott.
    Mr Speaker, I do not know of any Sir Scott, whose matter is before this House, who has joined the “cabal” of a priviledged group.
    Mr Hammond 11:30 a.m.
    Mr Speaker, again, he is excluded, so he would not know Sir Scott. Sir Scott happens to be Mr Justice Gabriel Pwamang. He is not a member, so he does not know. That “cabal” is exclusive.
    Mr Speaker 11:30 a.m.
    Yes, Hon Deputy Majority Leader?
    Mr Alfred K. Agbesi 11:30 a.m.
    Mr Speaker, we have vetted two nominees for the highest Court of the land and in contributing to the debate to recommend their appointment, my Hon Colleague is saying that an Hon Member, who is going to the Supreme Court belong to a “cabal” --
    Mr Speaker 11:30 a.m.
    Hon Deputy Majority Leader, the context in which he used it is just to say that they are classmates. They entered into the University the same time, in 1986 and they completed in -- Yes, so it is in that sense that he used it. That is why I said that in certain circumstances, the use of the “cabal”, can be un- parliamentary, but listening to him, clearly, he was just saying that they are classmates.
    Of course, the people that he mentioned, belong to different political parties and they do different things. So I do not think that he was using it in any negative sense.
    rose
    Mr Speaker 11:30 a.m.
    Hon Agbesi, do you want to contribute to the Motion? If so, then you have the floor.
    11. 40 a.m.
    Mr Alfred K. Agbesi (NDC -- Ashaiman) 11:30 a.m.
    Mr Speaker, I rise to contribute to this Motion, and to congratulate these two gentlemen, who have been nominated to the Supreme Court, the highest Court of the land.
    Mr Speaker, reading through the Report, the two nominees excelled to my satisfaction at the Committee. The first nominee -- Justice Yaw Appau, in answering the questions posed to him,
    was candid, was explicit and gave answers as a Judge of the highest Court of the land.
    Mr Speaker, in the Report we have here, the nominee, answered questions on many issues. On the issue of the establishment of an Independent Emolument Committee, the nominee made reference to article 71 of the Constitution, and stated that persons who enjoy under that article, or the beneficiaries of that article deserve such payments, due to the important task that they perform in the society.
    Mr Speaker, a lot has been said about article 71 beneficiaries. Most of the times, they are criticised without necessarily taking into account the work that such persons do in society and I am happy that Justice Appau explained and gave good answers to such issues.
    Mr Speaker, I believe that after this, the society would realise that article 71 beneficiaries indeed, perform important tasks in the society. They are not only Hon Members of Parliament, he mentioned them to be Judges and others, and so anytime the issue is raised, it is not only Hon Members of Parliament, who come under article 71.
    Mr Speaker, the nominee also spoke on the issue of compulsory retirement age of Supreme Court Judges and went further to say that at age 70, such Judges still have the stamina to go more miles and yet the Constitution says they must go on retirement.
    It is in that sense that he made that suggestion that, such people could be given contracts after their retirement to come back and serve the State for some years. But Mr Speaker, I think and I always hold the view that, people who retire and are called back on contract, do not give way to the young ones who are

    increasingly coming out of schools and university and do not have jobs and placements.I believe such retirees should, indeed, retire and give way to the young ones to come and serve.

    Mr Speaker, the nominee spoke on a lot of issues; the death penalty and others, and I believe that such a nominee has the knowledge to serve in the Supreme Court.

    Mr Speaker, for the second nominee, even though, he is relatively young, he also excelled to my satisfaction at the Committee. He was called to the Bar in 1988 and going to the Supreme Court at this young age, he would bring the experience he had from his private practice and a bit of work at the political circle to bear on the work of the Supreme Court.

    Mr Speaker, I would want to say that, the Committee did its work diligently and has recommended that this House approves them for that position. I congratulate them and wish them well as they serve at the Supreme Court.

    Mr Speaker, I thank you.
    Mr Speaker 11:30 a.m.
    Hon Member for Wenchi?
    Prof George Yaw Gyan-Baffour (NPP- -Wenchi) 11:30 a.m.
    Mr Speaker, I also rise in support of the Motion that this House adopts the Report of the Appointments Committee on His Excellency the President's nominations for appointment of Justices of the Supreme Court.
    Mr Speaker, I watched the discussion from afar when I was at Wenchi and I think these were two fine gentlemen who deserve to be nominated and to be approved for the office.
    But Mr Speaker, I rose particularly because of Justice Yaw Appau whom I know very well. I have known him for over thirty years. Mr Speaker, as the Report indicates, he comes from Bedu, which is actually in the Tain Constituency, which used to be in Wenchi West Constituency.

    I am so proud of him that he had been nominated into this high office of this country.

    Mr Speaker, as I watched it and in fact, the Report indicates, attempts were made to find out the political leanings of these would-be Justices of the Supreme Court. Looking at Justice Appau in particular, his actual history shows that he worked for the two dominant political parties in this country but notably, most of them would have been the Provisional National Defence Council (PNDC) and maybe, the National Democratic Congress (NDC) as a Sole Commissioner.

    But it was also mentioned that he was appointed to the Court of Appeals by the National Patriotic Party (NPP). So, indeed, any attempt to get into his political leaning was very difficult because he toggled between these two dominant parties.

    But Mr Speaker, what is not very well known about his pedigree is that -- And it was not here, his uncle was the Progress Party (PP) Member of Parliament for Wenchi West. That is the man that he lived with. So, he is somebody who really toggled between these two dominant ideologies, if we could call them ideologies, in this country and he has a balanced view of either of the two political groups.

    So, maybe, my Hon Colleagues on this Side cannot claim him and my Hon Colleagues on the other Side cannot claim. That is a good mark for somebody who can sit on the Bench and be as balanced, fair and as impartial as possible.

    This is because I personally know him very well, I know that he is a very principled man and I know that he can be a very good Judge at the Supreme Court.

    Mr Speaker, notwithstanding all that, has been going on about him as the Sole Commissioner of Judgement Debt and all that, this is a person who really believes in the law, he believes in certain principles and no matter what it is, he would say what he thinks is right.

    Therefore, I urge Hon Members on both Sides of the House, to support his nomination because he is a fine man, he can be fair and he would actually contribute greatly to the Justice system of this country.

    Thank you Mr Speaker for giving me this opportunity.
    Mr Speaker 11:30 a.m.
    Hon Member for Yilo Krobo?
    Mr Magnus Kofi Amoatey (NDC-- Yilo Krobo) 11:30 a.m.
    Thank you, Mr Speaker, for giving me the opportunity to contribute to the debate.
    Mr Speaker, I wish to say that the first nominee, His Lordship, Mr Justice Appau, at the Committee, demonstrated so much courage in developing the law. Mr Speaker, if you look at some of the controversial cases that went before him as Judge of the High Court, such as the Sodom and Gomorrah case, the Ya-Naa murder case and the Stadium Disaster issues, Mr
    Speaker, we see that Mr Justice Appau has demonstrated that, he is a courageous Judge, who would go ahead and make decisions in accordance with the law and the facts before him.
    I think today, if we are looking at the Sodom and Gomorrah case, we would say that, it is a decision that he has made based on certain conditions and I think it is in light of those conditions that some are criticising the manner in which the eviction of the people was done.
    Mr Speaker, Mr Justice Appau equally has shown that he is a Justice, who would assist in the development of the law by way of legal education. He has demonstrated that, he had been teaching in training school. I think at the highest apex of the Bench, we need a person of his type to be there to help Ghana to develop the law.
    I was fascinated when he told the Committee that his role model was Oliver Wendell, Jr. Holmes and Alfred Thompson Denning -- Lord Denning, whom I believe a lot of lawyers look up to.
    Mr Speaker, let me further say that, he is a Judge, who would propagate and has demonstrated that he stands for nobility of the profession and at the same time would be prepared to have change.
    Mr Speaker, he told us that, he would want to see the dress code of the Judges of the Superior Court take a form of natural content.
    Mr Speaker, I believe those are the types of judges we want to see.
    Equally, on the second nominee, my friend Mr Gabriel Pwamang, he has also demonstrated that he has been an effective practitioner, has practised and handled some controversial cases and is
    Mr Joseph Osei-Owusu (NPP -- Bekwai) 11:50 a.m.
    Mr Speaker, first, I would want to observe that the pillars of any society are the institutions of State we build. The Judiciary is one of the main pillars of democracy. However, whether or not that pillar would live up to its expectations depends on the people who man that pillar and in this case, I am referring to those who are appointed as Judges.
    Judicial conduct, impartiality, forward looking and judicial courage is a culture that is critical for strengthening the institution of the Judiciary.
    The Appointments Committee's job was to try and find out whether the people who were nominated by the President were inhabited with some of these attributes and habits.
    I am happy to observe that the nominees, and in particular, Mr Justice Appau exhibited so much courage before us and when he pronounced that in his view the Ya-Na case is over and that unless any fresh evidence occurs, that is the end of the matter, I saw that this was a man who was motivated by his conviction as a Judge and courage.
    This is the kind of principle we expect that Judges would exhibit at all times. The kind of boldness and impartiality that Justice Appau exhibited are what we expect that those who are appointed to
    the highest court of the land would exhibit. I think that he performed very well before the Committee that he gave confidence to anybody who observing him. I have had very little experience with him as a Judge, even though I first encountered him as the Regional Minister when I was a student at Wenchi. His conduct as a Judge over the years, from the investigation I did in Kumasi and his judgements I read while I prepared for the Appointments Committee's vetting suggested that he is bold and courageous.
    I, therefore, urge all Hon Members to support the Committee and adopt the Report for his appointment to be affirmed.
    Mr Speaker, in the case of Mr Gabriel Pwamang, he admitted that whenever the Supreme Court had a good blend of the Bench, Bar and the Faculty, the Court benefitted from the varied experiences of the juries, drawing experiences from those who had grown through the Bench, rising from the lower levels to the top levels; those who had taught the law; and those who had been private practitioners.
    After all, it is said that the life of the law is experience and not logic. Therefore, it would be helpful if we had such a good blend. I observed, however, that Mr Gabriel Pwamang would join the Bench not as a nominee of the Bar, of which he has been a member for about 26 years, but as a nominee of the President.
    It would have been ideal if the Bar had nominated him. However, be it as it may, I wish to challenge him to see himself as a champion of the Bar even on the Bench. For those of us who are his contemporaries, his performance would give hope and create a way for us. Hon K. T. Hammond and Hon Joe Ghartey were quick to point out that I am not part of their class but I recall that I was just a year behind them.
    Mr Speaker, the important thing is that I have faith in the people of our era; our youth, our group who are joining the Bench now, that we would live up to expectations and continue the path that has made --
    rose
    Mr Speaker 11:50 a.m.
    Hon K. T. Hammond, do you have a point of order?
    Mr Hammond 11:50 a.m.
    On a point of order. Thank you very much.
    Mr Speaker, I heard my junior at school and my Hon Colleague from Bekwai talk about Hon Joe Ghartey and myself in the context of something. He was not bold enough to make that audible enough. If he could repeat it, we would be grateful to him.
    Mr Speaker 11:50 a.m.
    Hon Member, that is not a point of order.
    Mr Osei-Owusu 11:50 a.m.
    Hon K. T. Hammond, I recall that I was one year behind him. Right from secondary school, I recall that I used to carry water for him; I have not forgotten that and I would always admit it. The point I am making is that it is important for those of us who get the opportunity to strive to excel so that a way is created for people in our category to join the Bench at the highest level.
    With these few words, I urge all Hon Members of the House to vote massively to adopt the Report.
    Mr Speaker 11:50 a.m.
    Hon Members, I have got the sense of the House, so I would take one or two and put the Question.
    Mr Joe Ghartey (NPP -- Esikado/ Ketan) 11:50 a.m.
    Thank you very much, Mr Speaker.
    The position of the Justice of the Supreme Court --
    Mr Speaker 11:50 a.m.
    What is your full name?
    Mr Ghartey 11:50 a.m.
    My full name for the records?
    Mr Speaker 11:50 a.m.
    Yes.
    Mr Ghartey 11:50 a.m.
    Joe Nana Kwabena Akwaa Ghartey. [Laughter.] Mr Speaker, the “Akwaa” is spelt “A-K-W-A-A”.
    Mr Speaker 11:50 a.m.
    Please, proceed.
    Mr Ghartey 11:50 a.m.
    The man does not know that I am from Winneba. Mr Speaker, the position of the Supreme Court Judge is an extremely unique position in our constitutional arrangement. I recall that I was invited to speak about the Supreme Court and there were other Supreme Court Judges present and I had the audacity, if I may say so, to humbly refer to the Supreme Court as the last dictatorship standing.
    Why did I do that? Very simple. Every other institution that we have created under our democratic dispensation is subject to another institution.
    Within the Judiciary itself, the High Court is subject to the Court of Appeal and the Court of Appeal to the Supreme Court but the only body in our dispensation which is not subject to any other body but to itself is the Supreme Court. When the Supreme Court says that black is white, the rest of the country must agree.
    Mr Speaker, even when the Supreme Court declares provisions of the Constitution as unconstitutional, the rest of the country cannot say otherwise. As a lawyer, one should not even publicly criticise them. Perhaps, one could take it out in some academic discourse like I did the last time, or if one is in Court and even if one is not happy, one must say “much obliged”. So, it is because of this unique state of this institution that we must be very careful of the kind of people we put into the Supreme Court.
    Mr Speaker 11:50 a.m.
    Hon Deputy Minority Leader?
    Mr Dominic B. A. Nitiwul (NPP -- Bimbilla) noon
    Thank you, Mr Speaker, for the opportunity to contribute to the Motion.
    Mr Speaker, let me confess that the two gentlemen who came before the Appointments Committee comported themselves very well. They impressed me a lot with their knowledge and the way they answered the questions that were posed to them. They were very composed.
    Mr Speaker, I particularly tried to find out and watch their demeanour and their knowledge of the subject areas in which they were grilled. This is because one of the nominees is a practising Judge and the other is a lawyer and I wanted to find out exactly how they would handle issues. I can say I was very impressed.
    In the case of Justice Appau, he raised very sensitive matters. But some of them, I think we need to put things in their right perspective.
    Mr Speaker, on the issue of the recent development of FIFA, he talked about the Ghana Football Association (GFA) and he said that country's finance in support of the activities of the GFA, GFA should be made to account particularly with the regard to the use of public funds. Mr Speaker, impression should not be created that the GFA does not account for public funds. Mr Speaker, they do.
    The normal practice is that, the Accountant of the Ministry, not the GFA directly, would always do the payment, in conjunction with the GFA when payment vouchers (PVs) are raised and they do the accounting.
    What FIFA statutes state is that, moneys that are paid directly from FIFA, a third party should not be allowed to
    influence or get involved in GFA matters when it comes to finances directly from FIFA. That is what the FIFA statutes say. It is not GFA which said that they do not want to be accountable to anybody. They do and even without resources, they still account for resources. I believe transparency, in this case, is what would be important to all of us.
    Whatever happens there should be transparent and this is because it is the passion of the nation.
    Mr Speaker, I was happy when he talked about the issue of the Ya-Naa. I was particularly happy because there are so many misconception going on with that particular issue. And that is why unfortunately, politicians used it to play a political football. It was a very unfortunate incident and politicians decided to use it to play political football. The families and all of us still believe that those who know the truth should come out with the truth.
    I believe there are many people who claim they know the truth and so, they should come out with the truth regarding the issue of the Ya-Naa. As for the law, he says that the evidence that came to him, he thought that unless somebody had new evidence, it was conclusive enough and so he would call that case closed.
    But, I still believe that there are people who claimed to know the truth and I urge those people not to die with the truth. They should come out with the truth so that we can all put that case to rest and punish those who need to be punished in that particular matter.
    Mr Speaker, he raised another very important issue and that issue had to do with Mr Speaker acting as the President. He thought that Mr Speaker sworn in as the President was not necessary. [Interruption] --Yes, but I am not judging the issue. That matter came up. Mr
    Mr Dominic B. A. Nitiwul (NPP -- Bimbilla) 12:10 p.m.
    Speaker, you have already ruled that the case is in court. But I just thought that it is an interesting case and either this Parliament or the court must decide on that matter, so that, as a nation, we can move forward. Whether it is even necessary to have an acting President or not,I would be very happy for that matter to come up.
    In this world where we have the Air Force One moving from America to Ghana and they take over even our airports -Mr Speaker, when President Obama was here, even our security and Hon Ministers had to go through the American security at our own airport. Maybe, we may have to learn -superpower. But whatever the case, they took over everything. They came and took over everything. Our own people had to be searched. You can ask the Hon Ministers. Our own people in our own airport had to go through the American security. Maybe, Hon E.T. Mensah was searched if he was there.
    Mr Speaker, it is an interesting scenario and I would be glad to see how our Constitution fashions it out after the court or Parliament itself rules on these matters.
    Mr Speaker, I was also intrigued about a case that came up before the Committee when he mentioned a matter about his experience at the National Investigation Committee. The nominee was forthright. He did not hide a single thing from us. He accepted that there was a perception that he was a spy but he explained the issue so well that all of us understood him perfectly. I am confident and glad that if this House finds it in its wisdom to pass him and the President swears him in, he would enrich our Supreme Court.
    Mr Speaker, he mentioned an issue and I thought that it was important for us to look at it again. Do we need to have a
    ceiling for the Supreme Court or not? Do we leave the Supreme Court as it is or we should go with the American system where some particular matters, all the Justices of the Supreme Court are empanelled especially, in review matters so that we do not have a situation where somebody decides to pack the Supreme Court or empanel only his friends and therefore, leave the judgment in the hands of, maybe, the Chief Justice. Do we empanel all of them?
    Mr Speaker, I believe that I would support him -- layman as I am -- that we should empanel all the Supreme Court Justices in review matters so that everybody can have a bite of the cherry, especially the fact that they are odd in number. As we sit today, it seems we have an even number at the Supreme Court. Maybe, we have to look at it again to have an odd number—yes. They are fourteen, instead of the normal odd number. I think there is a vacancy somewhere,if we believe that.
    Mr Speaker, because we do not have a ceiling, a particular number, we can say that this is the end of the road, even if we have twelve members, it may be that-- we cannot say there is a vacancy. I believe that we should have an odd number so that we can have a good justice system.
    Mr Speaker, he made a profound statement about the qualification of jurists, and I have been asking lawyers whether it is true. Some believe it is true but others think it is a very dicey area. He said that people, who were thought to be lazy at work are sent to become jurists.That could be very dangerous if it was true and if that was really happening in real practice.
    Mr Speaker, that is a dangerous thing because they would be judged and put somebody's life at risk. If the person who

    is supposed to qualify as a jury has a problem—he is not qualified enough.He could actually sentence 99 per cent innocent persons instead of the other way round, where we expect to set free, 99 per cent guilty people rather than jail one innocent person like the Lord Himself said.

    Mr Speaker, with Mr Gabriel Pwamang, as stated by the Chairman of the Committee, there were one or two petitions against him. The Committee did its best to wait until it came to the bottom of those matters. We did not rush, even though the petitioners themselves were not interested in pursuing the matter.

    As a Committee, we thought we could still wait and get to the bottom of it so that we can put the right people at the highest court of law, and I am glad that the decision to wait paid off because we did the right thing.

    I believe that when Hon Members go through the Report, they would realise that the Committee had patience to wait in order to give everybody a fair opportunity so that nobody comes later to say, “well, you should have heard from me”. We gave everybody the opportunity.We took pains to look for the people even when we did not know where they were, particularly, a certain woman.

    We looked for her and made sure that we found her and heard from her and the disciplinary committee until we were satisfied that there was no case against the nominee before the Committee decided to recommend him to the House for approval. I was glad about the way he went about the issues with his knowledge.

    Mr Speaker, because he had served as a General Secretary of a political party, a question was posed to him concerning by-elections, particularly, now that we have an upcoming one and I would mention it. We have one at Talensi now. It was useful to pick his view on the issue

    of a by-election, whether we should amend the Constitution such that, the political party, where the Hon Member, for whatever reasons is no more a Member of Parliament, that political party could nominate a successor. But his view was very clear.

    He thought that the people have the mandate and they must be allowed to make a choice, unless the law does not permit. Some disagreed because of cost. After all, we set an example the last time, when there was a by-election, and for once the political parties came together and said that, “we are going to stop the Electoral Commission from conducting that by- election”.

    Mr Speaker, I believe that we should begin asking ourselves questions, whether we should not copy the French model. In the French model, there is a person who is waiting to take over from a Member of Parliament when the Member of Parliament is no more a Member of Parliament during elections. They call them deputies—député. When one is going for an election, he or she has a deputy. For whatever reason, if one is nominated as a Minister and he or she dies or resigns, that deputy takes over immediately as a Member of Parliament. They do not go through a by-election.

    Mr Speaker, maybe, it is an interesting scenario. Can we consider it? But the danger is that, some deputies are waiting for their bosses to go so they could take over. That is the danger in their system as well, but it happens. That is the system Togo, Benin and other French speaking countries use. Can we also consider such a system?

    Mr Speaker, in our case, we believe that we should go, spend money to bring a successor when it comes to by-election.

    It is an interesting point that we should look at. I also support the view that, the indemnity clauses should stay a little longer --not too long -- but a little longer until the main actors are gone such that we can stabilise this country once and for all.

    Mr Speaker, in conclusion, I would support the view of the nominee that, we should strengthen the National Development Planning Commission (NDPC) to make it a truly independent body that has teeth to bite. That is they should be given resources to have a long term future plan for this country. While in Africa we plan for one year, the Japanese companies actually plan as long as 15 to 25years. No successful company in Japan plans for only one year.

    Mr Speaker, I believe that we should get NDPC to plan the future of this country so that all political parties can buy into that vision. We know that—

    Mr George Kofi Arthur— On a point of order.

    Mr Speaker, NDPC does not plan for a year. Recently, the planning was for six years, and that is why when we read the Progress Report, it was 2010, 2013 and we have 2014 to 2016 and so it is not for only a year.
    Mr Nitiwul 12:10 p.m.
    Mr Speaker, how many years do we have when the Hon Member says 2013—2016? Is it not three years? No plan from NDPC has gone beyond three years. How long is the Government's budget?
    Mr James Agalga (NDC— Builsa North) 12:10 p.m.
    Thank you, Mr Speaker, for giving me the opportunity to contribute to the Motion.
    Mr Speaker 12:10 p.m.
    I thought you were coming on a point of order because I would want to close the debate. I want to take the views of the Hon Majority Leader and then put the Question. I have now got the sense of the House.
    Mr Alban S. K. Bagbin (NDC -- Nadowli/Kaleo) 2:20 p.m.
    Mr Speaker, I stand to support the Motion that this House adopts the Report of the Appointments
    Committee on His Excellency the President's Nominations for Appointment as Justices of the Supreme Court.
    Mr Speaker, the Report of the Appointments Committee calls on this House to give approval to the President's Nominees for the position of Justices of the Supreme Court. They are doing so because article 144 of our Constitution has given us a guide as to how somebody becomes a Justice of the Supreme Court. And Mr Speaker, for purposes of education, I would want, with your permission, to quote the Article. article 144 (1) says:
    “The Chief Justice shall be appointed by the President acting in consultation with the Council of State and with the approval of Parliament”.
    Article 144 (2) says:
    “The other Supreme Court Justices shall be appointed by the President acting on the advice of the Judicial Council, in consultation with the Council of State and with the approval of Parliament”.
    Mr Speaker, even though the two clauses are under one article, the process is not the same for the Chief Justice and for the other Justices of the Supreme Court. Mr Speaker, so far, there is no evidence before us that this procedure has not been followed, which means that the Judicial Council has advised His Excellency the President and he has acted on that advice, consulted the Council of State and now seeks the approval of the House.
    As I said Mr Speaker, there is no reason we would deny that approval,
    because the Committee that we also put in place has gone through the process and I must commend them because they have submitted a very comprehensive report on the two nominees.
    Mr Speaker, we happen to know the nominees, and Justice Appau was my mate. We were called to the Bar the same day and the same hour while Gabriel Pwamang was behind me.But I have known him from his youthful days and I know how he was moulded character-wise. So, Mr Speaker, I have no doubt that these are good materials endorsed by the Judicial Council, like the Council of State, and definitely, His Excellency the President of the Republic of Ghana.
    Mr Speaker, it is often said that the law is in the bosom of the judge. But Mr Speaker, when that law comes out of the bosom, it is subject to criticism. So, we may disagree with some of the views that the Nominees expressed when they appeared before our Committee, and definitely, I disagree with some of the views that they expressed. But the Constitution is very clear on the qualification of a member of the Supreme Court. It says per article 128(4), and with your kind permission, I beg to quote:
    “A person shall not be qualified for appointment as a Justice of the Supreme Court unless he is of high moral character and of proven integrity and is of not less than fifteen years' standing as a lawyer”.
    Mr Speaker, this is what guided the Judicial Council and this is also what informed the consultation from the Council of State and nobody here has any doubt about their years of experience, neither do we have any question. That is the reason they probed into the petitions that came and that did not affect the integrity of either of them, neither is there
    Mr Alban S. K. Bagbin (NDC -- Nadowli/Kaleo) 2:20 p.m.


    any issue about the character of the nominees.

    So, Mr Speaker, I agree with my Hon Colleagues that this is a good case for us to give approval to His Excellency the President to go ahead and appoint them to the Supreme Court. But I would just want to, with the greatest respect, to my Hon Colleague Justice Appau, who is making us proud by being nominated and going through this process to be a Member of the Supreme Court, that I disagree with his position on the law about the Yendi case, I disagree!

    I disagree because even in the Report of the Commission, there were areas that they left for further investigation and prosecution. And we are talking about a criminal case, we are not talking of a civil case. I agree that if there are new evidences, they can be brought back and re-prosecuted. But the way it is stated, and it is being published, it is like that is the end of the day and I do not think that is the case.

    I know that, that is not what he meant, but it is important for us to emphasise that the criminal cases can still be brought to court. Not only those that went to court which would need new evidence but there are others that have not been to court and I believe that they can be sent to court for prosecution; that is my humble view.

    I also disagree with him on the statement he made about the law of war because I disagree that what happened in Yendi amounted to war. I disagree; and as I said, because the law is now out of their bosom, I can criticise it before them, I had no opportunity to do so. Anybody looking at the Geneva Convention and the law on the war would see that what actually happened in Yendi could not be described

    as a situation of war. It was a feud between two factions from the same family -- that is not a war situation. And we know that under our law, the only person who can declare war in Ghana is His Excellency the President. I would want to put this on record as my disagreement on this state of the law on war.

    Mr Speaker, apart from that, I have gone through the Report and I agree with his views on most of the other questions that we put before him and I would want to emphasise one issue; the issue of decoupling the position of Attorney- General from that of the Minister for Justice.

    There are some people who say that it can be done under the present Constitu- tion. I do not think so. It cannot be done. We can only do it, if we reform the Constitution to be receptive to such an amendment. But as of now, it cannot be done.

    But from 1957, the position of the Attorney-General was different from that of the Minister for Justice. For some simple reasons, we were convinced that it would serve the interest of the nation better if we combined them. But we have seen from experience that it is not serving the interest of the nation better and there is nothing wrong with going back to do Sankofa and decoupling them. I believe it is an issue we should take up seriously.

    Mr Speaker, let me say a word about Mr Gabriel Pwamang. I personally had to probe him when the petitions came up and went further to ask other people about the merits of those petitions and I am satisfied that the petitions have no merit. So, I am happy that the Committee has recommended him for our approval.

    There is one issue I would want to add my voice to. It is the issue of appointing
    Mr Speaker 12:30 p.m.
    Hon Member for Wenchi?
    Prof. George Yaw Gyan-Baffour 12:30 p.m.
    Mr Speaker, the Hon Majority Leader is actually misleading the House. He is trying to truncate history by just saying he lost those elections. Can he not give a reason why he lost that?
    Mr Speaker 12:30 p.m.
    Did he lose or win?
    Prof. Gyan-Baffour 12:30 p.m.
    He was cheated -- [Laughter.]
    Mr Speaker 12:30 p.m.
    Hon Member for Wenchi, did he win the election?
    Prof. Gyan-Baffour 12:30 p.m.
    He lost the election but it was not fair.
    Mr Speaker 12:30 p.m.
    Did he win or lose the election?
    Prof. Gyan-Baffour 12:30 p.m.
    Mr Speaker, he lost because it was an unfair one -- [Laughter.]
    Mr Speaker 12:30 p.m.
    Hon Members, I believe that the point being made by the Hon Majority Leader is factually correct. We can mention a number of people in the Supreme Court who were politicians; Justice N. Y. B. Adade who was a Member of Parliament and a former Minister and a whole lot of them. That is the crux of his argument and I think that we should not waste time on these things. It is factually correct and one can mention a number of them.
    Yes, Hon Member for Okere?
    Mr Dan K. Botwe 12:30 p.m.
    Mr Speaker, I do agree totally with you and the Hon Majority Leader on that point. I would even have no problem if the Supreme Court Judges would wear their party T- shirts to sit. I would have no problem at all.
    It is just that I thought that point could still be made without emphasising on the outcome of the contest. [Uproar] - He could still have made the point that there was somebody called Edward Akuffo- Addo who had contested partisan elections before and that he was on the bench where he acquitted himself very well. That could still be made.
    The outcome of the contest does not make it any less partisan and I thought the point that was being made, just as you have emphasised -- [Uproar] -- The point that is being made, which you have emphasised and I am even adding that I totally agree, could still have been made without the emphasis -- is it maybe to create humour. That is fine. But the
    Mr Dan K. Botwe 12:30 p.m.


    emphasis on the point, that he lost, for me, was not very necessary.
    Mr Bagbin 12:30 p.m.
    Mr Speaker, my reference to our most honoured and illustrious former President and Retired Supreme Court Judge and even Chief Justice - I said illustrious; that is how I referred to him.
    I cannot take away anything from him. He has left a very good legacy whether it is at the Bench or in politics. I respect that. He actually contested three times at home; and could his own people have cheated him? -- [Laughter] -- I do not agree to that.
    Mr Speaker, I even said I served under Justice Seth Twum. I worked in his Chambers and he was also a Member of Parliament before becoming a Justice of the Supreme Court. So, when I heard people raising it on the airwaves -- you know this debate is not only restricted here,it is also for the general public that is why I referred to it that it is not a disqualification.
    As of today, we are aware that his Lordship Justice Kobiah was a Member of this House but he is in the Court of Appeal. There are a number of them. So, we should let the good people know that the fact that if one decides to serve his people in a political position that does not disqualify him from going to the highest Court of the land. [Interruption] No -- [Laughter]
    Mr Speaker, having said this, I would want to add that Mr Gabriel Pwamang, while studying his Law at the University of Ghana, Legon, had to act as an assistant to Dr Seidu Daannaa who is now the Hon Minister for Chieftaincy and Traditional Affairs. You all know that Dr
    Seidu Daannaa is physically challenged and so he had to add that duty and he performed it to the admiration of everybody. So, one can see the kind of heart that such a person would develop.
    It is important that we note that, because one must have a strong character to be able to do this and he did it so well,today, Dr Seidu Daannaa is a shining example of what the physically challenged can achieve when given equal oppor- tunity.
    So, Mr Speaker, I would want this to be added to his credentials and to say that we still await more nominees to the Supreme Court because the number is still not up to what we are looking at.
    In fact, I am happy one of the Judges proposed 15. I am saying this because of Constitutional cases. In various jurisdictions, they have a Constitutional Court which is an arm of the Supreme Court. We do not have that here and we are combining all. So, 15 is quite a good number and I believe that His Excellency, the President, would take a very strong view of this and we would --
    Prof. Gyan-Baffour 12:40 p.m.
    Mr Speaker, I think the Hon Majority Leader is pre-empting the appointment of those who are going to be nominated, that they should be politicians and that should not be a problem. I think that is where he is getting to, and it is a very dangerous area.
    He is citing the United States of America (USA) and all that. In the USA, those who go into the lower courts are all elected, so with that one there is a clear line of politics involved.
    Here, it is not like that. So, if he is saying that it is all right for politicians to do that, sending that message is wrong.
    Mr Speaker 12:40 p.m.
    Hon Member for Wenchi, recently, I decided to google the background of the current Chief Justice of the USA. If you google it, you would see clearly that his party affiliation as a Republican has been put there. That is the point the Hon Majority Leader is making.
    Prof. Gyan-Baffour 12:40 p.m.
    Mr Speaker, you are right, but what I am also saying is that, their system requires that, those at the lower courts are all elected and not appointed. They are voted for at the polls. That is why it has the political colour in the USA.
    Mr Speaker, but here it is not like that. So, if he is saying that because of that the next one should probably be a politician, that is a very dangerous thing to say at this point. Otherwise, it pre-empts whoever the authority is to bring in Hon Members of Parliament and party chairmen into the Supreme Court. That is not a very good sign at all.
    Mr Bagbin 12:40 p.m.
    Mr Speaker, I may have to put some effort in trying to speak clearly because what my good senior, Hon Prof Gyan-Baffuor, has just stated, I did not say. My intention is not to encourage any President to continue to appoint politicians into the Supreme Court.
    Mr Speaker, the point he raised just underscored and emphasised the issue that, the fact that you are a politician does not disqualify you from serving in the Judiciary. This is because in the USA, they are all politicians.
    In fact, I was in Texas when they even voted for their State Attorney. Even for the State Attorneys they vote. I know that, and I have some knowledge on the laws of the USA.
    So, Mr Speaker, I would want to add my voice that we approve the two nominees and urge H.E the President to
    expedite action in the rest of the list, that might have been recommended to him for appointment to the Supreme Court.
    Well, we need to strengthen our Judiciary, which is one of the areas that we are not placing some emphasis. We seem to be leaving them behind. We need to strengthen the Judiciary because certainty of investment or whatever in the country is key to getting people to come into the country. There have been a lot of issues raised sometimes about the certainty of the law. I believe that we need to strengthen them.
    One of the issues was raised when it was said that they do not have the requisite technical support to do research on some of the cases. In fact, we have taken some of the retired Supreme Court Judges on, on some of the decisions that they have delivered. After a second thought, they felt their position should have been different.
    So, it is important for us as a country to focus on the Judiciary; strengthen them, give them the requisite tools, and I am sure they would deliver.
    With this, Mr Speaker, I support the Motion.
    Mr Speaker 12:40 p.m.
    Hon Members, that brings us to the end of the debate. I would now put the Question.
    Question put and Motion agreed to.
    Mr Speaker 12:40 p.m.
    Hon Members, in accordance with article 144 (2) of the Constitution and Order 172 of our Standing Orders, this House has approved the nomination of Mr Justice Yaw Apau and Mr Gabriel Pwamang for the appointment by H.E. the President as Justices of the Supreme Court.
    Mr Speaker 12:40 p.m.


    Hon Majority Leader, what item are we taking?
    Mr Bagbin 12:40 p.m.
    Mr Speaker, I would propose that we take item number 7 on the Order Paper -- The Right to Information Bill, 2013.
    Mr Speaker 12:40 p.m.
    Hon Majority Leader, what I propose to do is that we have a number of Hon Ministers in the House, and their Questions are pending. I would want us to go back to Questions.
    So, I would let the Hon Minister move the Motion for the Second Reading of the Bill, the Hon Chairman of the Committee would submit the Committee's Report and then we defer the debate to tomorrow.
    Hon Majority Leader, is my suggestion acceptable to the House?
    Mr Bagbin 12:40 p.m.
    Mr Speaker, this is just to try to remind the House that the Motion has already been taken, and the Report of the Committee has been presented. So, in essence, it should have been a continuation of the debate.
    Mr Speaker 12:40 p.m.
    Has the Motion been moved earlier?
    Mr Bagbin 12:40 p.m.
    Mr Speaker, I thought so.
    Mr Speaker 12:40 p.m.
    No! We have not.
    Mr Bagbin 12:40 p.m.
    Mr Speaker, my attention is being drawn to the fact that the Report was laid, but the Motion was not taken. So, we could take the Motion, the Report would be presented and then we could adjourn to another day.
    Mr Speaker, but my worry is that, always after Question time,we have Hon Members, because of the vibrancy of the Questions and Answers, , leaving to take some respite. I had wanted us to take the other items on the Order Paper before we go to Question time. That is why we applied for the order of Business to be varied.
    Mr Speaker, after that, we would just take the Third reading of the Nuclear Regulatory Authority Bill, 2015, and then we would go to the Questions.
    Mr Speaker 12:40 p.m.
    Hon Majority Leader, so you agree the Hon Attorney General and Minister for Justice moves the Motion, we submit the Committees Report or we take one contribution from the Hon Ranking Member of the Constitutional, Legal and Parliamentary Affairs Committee, and then we defer.
    Mr Bagbin 12:40 p.m.
    No, we do not need to take the contribution of the Hon Ranking Member. We can defer the debate to another day.
    Mr Speaker 12:40 p.m.
    Very well.
    Hon Members, item number 7 on the Order Paper -- Attorney-General and Minister for Justice.
    12. 50 p.m.
    BILLS -- SECOND READING 12:40 p.m.

    Chairman of the Committee (Mr Magnus K. Amoatey) 12:40 p.m.
    Mr Speaker, I rise to support the Motion moved by the Hon Attorney-General and Minister for Justice. In so doing, Mr Speaker, I present your Committee's Report.
    Introduction
    The Right to Information Bill was presented to Parliament and read the first time on Tuesday, 12th November,
    2013. In accordance with article 106(4) and (5) of the Constitution and Order 179 of the Standing Orders of the House, the Rt. Hon. Speaker referred the Bill to the Committee on Constitutional, Legal and Parl iamentary Affai r s for consideration and report.
    The Committee during the considera- tion of the Bill received Memoranda from the under-listed organisations:
    i. The Forum for Former Members of Parliament
    ii. The Coalition on the Right to Information, Ghana
    iii. The Office of the National Chief Imam and the Muslim Commu- nity Ghana
    IV. The Commonwealth Human Rights Initiative (CHRI, Africa Office)
    v. The Perfector of Sentiments Foundation (POS)
    vi. Persons with Disabilities in Ghana
    Represen tat ives of the above organisations also participated in the Committee's deliberations on the Bill. Officials from the Drafting Division of the Ministry of Justice and Attorney- General's Depar tmen t were in attendance at the meetings to assist the Committee. Also in attendance as resource person was a former Member of Parliament, former Chairman of the Committee and former Deputy Minister for Justice and Deputy Attorney- General, Hon Kwame Osei- Prempeh who acted as a resource person.
    The Committee would like to express its appreciation to all who participated in its deliberations especially, the
    Chairman of the Committee (Mr Magnus K. Amoatey) 12:40 p.m.
    The Principles stated inter alia that:
    i. member countries should be encouraged to regard freedom of information as a legal and enforceable right;
    ii. there should be a presumption in favour of disclosure and governments should promote a culture of openness.
    iii. the right to information may be subject to limited exemptions but they should be drawn narrowly.
    iv. governments should maintain and preserve records
    v. decisions to access records and information should be subject to independent reviews.
    In 2002, the African Union (AU) Commission on Human and People's Rights adopted the “Declaration of Principles on Freedom of Expression in Africa” to supplement the African Charter which provides that “every individual shall have the right to receive information”.
    These principles are as follows;
    i. everyone has the r igh t to access information held by public bodies;
    ii. right to access information held by private bodies which is necessary for the exercise or protection of any right;
    iii. refusal to disclose information should be subject to appeal to an independent body or courts;
    iv. public bodies should proactively publish information of signifi- cant interest to the public; and
    v. no one should be subject to any sanctions for releasing in good faith information on wrong doing or information which will disclose a serious threat to heal th , safety or the environment.
    While the Declaration of 2002 and other such laws adopted by the AU Commission have expanded on State Parties' obligations under the African Charter, they do not specifically provide guidance on the form and content of the legislation to be enacted to give effect to these obligations at the domestic level.
    The AU Commission on Human and People's Rights has therefore gone further to provide a Model Law on Access to Information for Africa. The purpose of the Model Law is to provide detailed and practical content to the legislative obligations of Member States to the African Charter with respect to the right of access to information.
    The specific form in which such laws would be adopted has however been left for the individual State parties to determine, including the nature and scope of adjustments required by their constitutions and the structure of their own legal system.
    In Ghana, right to information is guaranteed by the Constitution. Article 21(l) (f) of the Constitution provides that “All persons have the r ight to information subject to such qualifica- tions and laws as are necessary in a democratic society.
    The fundamental principles under- pinning any genuine and effective right to information legislation include transparency, openness, effective participation of the population in the process of governance, accountability
    and the greater participation of the populace in public affairs.
    Efforts to operationalise the right of access to information began in 1999 when a Bill was drafted and reviewed in 2003, 2005 and 2007 but was never presented to Parliament.
    The first practical attempt at enacting the law on the right to information, was made when the Bill was presented to Parliament on 5th February, 2010 and referred to the Joint Committee on Constitutional, Legal and Parliamentary Affair s and Communications for consideration and report.
    The Join t Committee organised regional consultations in six (6) Regions of the Country and collated views of Ghanaians on the Bill. Unfortunately however, the Fifth Parliament could not finalise the discussions on the Bill for its passage before that Parliament's term came to an end.
    The continued realisation of the importance of the right to information and the desire by Government to ensure that there is transparency in governance has compelled Government to lay the Bill in Parliament once again after having incorporated earlier suggestions into the Bill.
    Object of the Bill
    The Bill is for the purpose of giving substance to article 21(1)(f) of the Constitution by providing for access to official information held by government agencies and private entities performing public functions; and the qualifications and conditions under which the access would be obtained.
    Observations
    The Committee after its discussions made i ts observat ions under the following headings:
    i. Exemptions
    ii. Coverage of the Law
    iii. Ministerial Responsibility
    iv. Appeal/Review Process
    v. Appeal to Supreme Court
    vi. Payment of Fees
    vii. Time Line
    Exemptions
    The Committee observed that the exemption provision on information not to be disclosed are too wide. Too many exemptions would defeat the purpose of the Bill.
    The purpose of the Bill is to allow for transparency and accountability in governance. Too many exemptions would erode whatever benefits the law intends to achieve. The Committee is of the view that every exemption must be subjected to the public interest test. The right to information Law in Nigeria for example states in part that
    “Notwithstanding………………an application for information shall not be denied where the public in terest in disclosing the information outweighs whatever injury that disclosure would cause”. Section 25(1) of the AU Model Law states that “notwith- standing any of the exemptions in this Part, an information holder may on ly r efuse a requester access to information if the harm to the interest protected under the relevant exemption that would result from the release of the information demonstrably outweighs the public interest in the release of the information:.

    Clause 18 of the Bill lists four (4) instances where disclosure of information would not be permitted. The right of access to information law is to fight corruption and therefore the large range of exemptions in the Bill must not be encouraged. The public interest considerat ion is consisten t wi th international best practice and human rights norms that subject exemptions to a genuine public interest override.

    Publ ic in terest i s not a closed category and the danger of a limited public interest override clause is that it may omit an unanticipated situation where the public interest requires that the exemption gives way to disclosure. The Committee has therefore proposed amendments to the exemption Clauses in line with international best practice.

    Scope of the Bill

    The Committee also observed that the Bill is applicable to only information held by government agencies. The Committee sees it to be too restrictive and therefore the coverage must be widened to cover private bodies that perform public functions with public funds. The Committee is of the view that the public should be able to have right of access to information in the custody of private bodies or agencies especially if the disclosure is in the public interest.

    It is therefore important to widen the scope to cover private bodies which perform public functions with public funds. It is a fact that in modern governance, non-state actors influence the destinies of millions of people and hence, the necessity to extend the coverage to private bodies.

    The Committee therefore proposes that the term “government body” running through the Bill be deleted and the words “public institution” inserted. This is

    applicable to both South Africa and Liberia. In both jurisdictions, the right of access to information applies to private entities that receive public resources and benefits or engage in public functions or provides public services, particularly in respect of information relating to the public resources, benefits or services.

    Ministerial Responsibility

    Clause 53 (1) of the Bill states “The Minister responsible for Justice has minister ia l r esponsibi li ty for the effective implementation of this Act and may for that purpose, issue written guidelines to agencies and ministries”. The Committee is of the firm conviction that the provision may not allow for independence of the process since the purpose of the Bill is to ensure transparency and accountability in governance.

    It is the considered view of the Committee that the ministerial oversight responsibility should be replaced with an independent commission established under the Act to ensure independence in the review process.

    The Commission is to have oversight responsibility for the implementation of the Act. The Committee has therefore proposed the establishment of an independent commission which will have oversight responsibility for the implementation of the law. The Committee therefore, using the AU Model Law has made proposals for the establishment of the Commission which would see to the effective operation of the Act.

    Appeal and Review process

    Clause 38 of the Bill provides that “a person aggrieved by a decision of the information officer of an agency may submit an application for review of that

    decision to the Minister responsible for the agency”. The Bill thus places the internal review on the Minister. The Committee envisages that most of the information to be sought would be government information and hence, the Minister being an interested party may have the tendency to be bias. Apart from that, the Minister may invariably be too busy with other core functions of the Ministry to have time for internal reviews under the Law.

    The internal review function to the Committee must be taken away from the Minister and given to a non-political head of the public institution. This becomes more compelling in the light of the Committee's proposal to include private institutions performing public functions with public funds. In India, a person dissatisfied with a request appeals first to a senior officer and further to the Central Information Commission or State Information Commission.

    In Nigeria, the Law does not make provision for internal review but appeals go to the High Court for review. In line with the amendment proposed to clause 38, the Committee has made consequential amendments to the relevant clauses affected by the review process by the Minister.

    Appeal to Supreme Court

    The Committee observed that section 42 of the Bill makes provision for any person who is refused access to information by an agency to appeal to the Supreme Court for judicial review. It is the view of the Committee that most people would not have the money, determination nor resources to apply for judicial review at the Supreme Court. Whereas the purpose of a right to information law is

    to make it easier for citizens to access information, the appeal to the Supreme Court would act as a deterrent to most people from pursuing the appeals process.

    In the United Kingdom, experience has shown that most cases end up at the level of the Information Commissioner or at the Information Tribunal. In India, appeals from Information Review Officers go to either the State Information Commission or the Central Information Commission which are easily accessible to the citizens. In Nigeria, as mentioned earlier, appeals go the High Court. It is the recommen- dation of the Committee that appeal from Information Review Officers must end up at the High Court and not in the Supreme Court.

    Payment of fees

    The Committee further observed that provisions on payment of fees for access to information are scattered in different parts of the Bill. In some instances, the provisions appear to be inconsistent with each other. While some of the provisions suggest that it is the agency that determines the fees to be charged, other provisions appear to vest in the Attorney-General the power of establish- ing a scale of fees for all the public institutions. The Committee has therefore realigned all the provisions on payment of fees and brought clarity in the Provisions.

    The Committee also noted that cost should not be an impediment to the engagement of essential fundamental human right such as the r ight to information. In almost all the jurisdictions where access to information laws are in operation, fees are charged for the provision of the information. The fee charged in the entire Commonwealth and Africa is limited to the cost of reproducing the information for the applicant.
    APPENDIX 12:40 p.m.

    Mr Speaker 12:40 p.m.
    Hon Members, if you look at the Report, it is a 69 page Report; out of which 50 pages are devoted to amendments. This is a very important Bill, I want you to go back, refresh your memory for tomorrow, so that we start the debate on this Motion. In my over 20 years here I have never come across this situation and therefore we defer the debate on the Motion to tomorrow.
    Hon Members thank you very much. Item number (6) on the Order Paper, Hon Minister for Environment, Science, Technology and Innovation.
    BILLS -- THIRD READING 1 p.m.

    Mr Speaker 1 p.m.
    Hon Majority Leader?
    Mr Bagbin 1 p.m.
    Mr Speaker, I apologise for the -- [Interruption.] -- I should have sought the permission of your good- self and the indulgence of my Hon Colleagues to permit the Hon Deputy Minister for Environment, Science Technology and Innovation to move the Motion for and on behalf of the Hon Minister.
    I apologise that it was not done before she moved the Motion, So the proper thing should be done.
    Mr Speaker 1 p.m.
    Very well, no objection.
    Hon Deputy Minister, move the Motion on behalf of your Hon Minister.
    MOTIONS 1 p.m.

    Mr Speaker 1 p.m.
    Mr Second Deputy Speaker to take the Chair.
    Mr Babgin 1 p.m.
    Mr Speaker, while waiting for the Second Deputy Speaker to take
    Mr Speaker 1 p.m.
    Very well.
    PAPERS 1 p.m.

    Mr Speaker 1 p.m.
    Item number 5 (b)
    By the Chairman of the Committee --
    Report of the Finance Committee on the Income Tax Bill, 2015.
    Mr Speaker 1 p.m.
    We now move to Questions.
    Mr Bagbin 1 p.m.
    Yes, Mr Speaker. The Minister for Gender, Children and Social Protection is available.
    Mr Speaker 1 p.m.
    Hon Members, we start with Question number 448 standing in the name of the Hon Member for Oforikrom, Ms Elizabeth Agyeman.
    ORAL ANSWERS TO QUESTIONS 1 p.m.

    MINISTRY OF GENDER, CHILDREN 1 p.m.

    AND SOCIAL PROTECTION 1 p.m.

    Minister for Gender, Children and Social Protection (Mrs Nana Oye Lithur) 1 p.m.
    Mr Speaker, the Ministry had some support from its donor partners for social interventions between 2010 and 2014.
    1. Support for the “Eban” Elderly Welfare Programme
    In 2014, the UNFPA provided a total amount of twenty thousand two hundred and forty Ghana cedis (GH¢20,240.00) to support the implementation of the Eban Elderly Welfare Programme which consists of creation of database of the elderly and the social protection intervention of providing 50 per cent rebate in fares for the elderly who use the services of the Metro Mass Transport buses.
    So far, 1,016 cards have been issued to elderly persons in pilot districts in the Greater Accra and Central Regions. Presently, the Government of Ghana is supporting the issuance of 25,000 cards for 50 districts for 2015.
    2. Care Reform Initiative (CRI)
    The Care Reform Initiative (CRI) is a programme to deinstitutionalise children and to promote family and community based care. Under our Care Reform Initiative, foreign donor support was GH¢10,361.00 in 2010; GH¢143,505.00 in 2011; GH¢3,030.00 in 2012; GH¢153,220.00 in 2013; and GH¢183,872.00 in 2014.
    3. Orphaned and Vulnerable Children
    (OVC)
    This is a programme to help establish a more consistent and stable approach to caring for vulnerable children in Ghana so that each child would be assured of a permanent home in a supportive and loving family through an intersectoral Committee in the regions.
    Foreign donor support for interven- tions on orphaned and vulnerable children was GH¢104,595.00 in 2010; GH¢68,325.00 in 2011; GH¢8,490.00 in 2013; and GH¢18,980.00 in 2014. There were no donor receipts in 2012 for the orphaned and vulnerable children initiative.
    4. Juvenile Justice Administration
    The Juvenile Justice Programme is a programme to ensure that children in conflict and/or in contact with the law are given the necessary treatment in accordance with the law or in their best interest. Foreign donor support for this activity was GH¢92,212.00 in 2010; GH¢65,767.00 in 2011; GH¢18,168.00 in 2012; and GH¢46,600.00 in 2014. We did not receive any donor support for this activity in 2013.
    5. Shelter
    The Ministry has a programme for identifying and operationalising shelters which are temporary places where abused children, missing children and any child in need of care and protection are kept pending completion of the necessary legal or administrative processes.
    Under support to shelter for abused children, we received GH¢15,570.00 in 2010; and GH¢31,440.00 in 2011. GH¢25,060 in 2012, GH¢26,420 in 2013 and GH¢27,220 in 2014. We have not had donor support for this activity since 2012.
    Mr Speaker, we have provided a summary of the foreign donor receipts of 2010 to 2014 in the document that we submitted to this House. The cumulative total amounts to GH¢118,690.00

    SPACE FOR TABLE - PAGE 4 -
    MR FIRST DEPUTY SPEAKER
    Ms Agyeman 1:10 p.m.
    Mr Speaker, part of what she was reading was quite different from what is in the Order Paper. She said something like there was nothing for the Kayaye but it is not here. My Question was specifically about the Kayayei.
    Apart from that, the Hon Minister is quoting her figures in thousands and I do not seem to understand.
    Mr Second Deputy Speaker 1:10 p.m.
    I did not hear you.
    Ms Agyeman 1:10 p.m.
    Can the Hon Minister come again because it should not be quoted in thousands. I do not think it is thousands that we are talking about. We can reference at the graph on page 12, there are some of the Answers in millions and some in thousands, so I do not understand it.
    Mrs Lithur 1:10 p.m.
    Mr Speaker, on page 10, we have clearly outlined the figures. We have outlined the programmes in the first, that is the Summary of Foreign Donor Receipts from 2010 to 2014, on page 10. We have outlined the programmes, years and the amounts we have received. Some are in tens of thousands, some are in hundreds of thousands and some are also in thousands. So, this is what we have done.
    There is a variation which I would like to place and that is for the Juvenile Justice Administration. That is in the narrative for the Juvenile Justice Administration. The figure in the narrative which
    corresponds with the figure in the summary should be GH¢46,600.00 for 2013 and not 2014. So, that is the variation.
    In terms of the Question, Mr Speaker, the Question was specifically how much we have received from foreign donors to tackle social problems including Kayayei. That was the specific Question. So, all the categories I highlighted and reported on were social problems.
    At the beginning and the commencement of my statement, I stated very clearly that we have not received any donor support to tackle the Kayayei phenomenon between the periods specified; that is 2010-2014.
    Mr Second Deputy Speaker 1:10 p.m.
    Hon Elizabeth Agyeman, you have three supplementary Questions.
    rose
    - 1:10 p.m.

    Mr Second Deputy Speaker 1:10 p.m.
    But if you want to yield to him, you have to say it otherwise, I would recognise only one person for it.
    Ms Agyeman 1:10 p.m.
    Mr Speaker, I would yield to Hon Agyeman-Manu.
    Mr Second Deputy Speaker 1:10 p.m.
    All right. Yes?
    Mr Agyeman-Manu 1:10 p.m.
    Mr Speaker, my curiosity is in the figures. The question I was trying to bring up was for the Hon Minister to accept or reject but it did not come out very clear.
    The Hon Minister is talking about support from donors but if you look at the Table on page 10 of the Order Paper, the Programmes have been listed. But I am wondering which donor would grant Ghana GH¢10,000.00 for what programme? That is my curiosity. I just want to know.
    Mr Speaker, you can easily donate GH¢10,000.00 to the Ministry. So, which donor is giving GH¢10,000.00? And all the donors were giving GH¢10,000, GH¢12,000, GH¢20,000 which I believe the Hon Deputy Majority Leader can easily do. So, can the Hon Minister tell us which donors were giving us these meagre amounts and we as a nation shamefully go and collect these tiny amounts that the Hon Minister wants to present to us?
    Thank you, Mr Speaker.
    Mrs Lithur 1:10 p.m.
    Mr Speaker, I have here details of the amounts and actually what activities they were used for if the House would care to know. For those, it was mainly the United Nations International Children's Emergency Fund (UNICEF). What happens is that, at the beginning of the year, there is a workplan for various directorates and departments under our Ministry and we actually sign a workplan with UNICEF.
    So, most of these monies were from UNICEF. It was only the Eban Card that we got that specific amount of money from the United Nations Fund for Population Activities (UNFPA).
    So, for the Care Reform Initiative (CRI), some of it was used to support monitoring of orphanages, to trace children who are lost, to support the regional homes and also to do psychosocial counselling consultancy fees, to support training for 60 managers of residential homes, to support training for the Northern Zone Adoption Teams.
    We also had monitoring and evaluation tools created for orphans and vulnerable children in residential homes. We also have the development of Foster Care
    Regulations and Guidelines and we have several other activities. We have this document which we can furnish to the House and which has details of all the programmes and activities that were supported.
    These amounts may look little but they have great impact in helping us as a Government and as a country, to better protect the rights of our children. And it forms part of a bigger annual workplan and bigger budget that the UNICEF provides to support the Government of Ghana.
    Mr Second Deputy Speaker 1:10 p.m.
    Hon Elizabeth Agyeman, you have two more Questions.
    Ms Agyeman 1:10 p.m.
    Mr Speaker, I still would want to find out whether her Ministry received any funds from the African Development Bank for the years 2013 and 2014? If so, how much did the Ministry receive and how was it disbursed?
    Mr Second Deputy Speaker 1:10 p.m.
    Hon Minister?
    Mrs Lithur 1:10 p.m.
    Mr Speaker, our Ministry did not receive any money from the African Development Bank for the year 2013 to 2014.
    Mr Second Deputy Speaker 1:10 p.m.
    Hon Member, your last Question.
    Ms Agyeman 1:10 p.m.
    Mr Speaker, according to the Financial Audit Report on the Verification Study of Multi-Donor Budgetary Support InFlows for 2010-2012. at page 9, paragraph 17, it states and I beg to quote:
    “the Auditors disclosed that the transfer of GH¢20,059,733.30 from the Government of Switzerland was

    not captured in the Public Accounts of Ghana for the year 2012”

    from her Ministry and as a result certain targets were not met.

    Why was this amount not captured in her Answer?
    Mr Second Deputy Speaker 1:10 p.m.
    What document were you reading from, please?
    Mrs Lithur 1:10 p.m.
    Mr Speaker, we have not received any money from the Government of Switzerland.
    Mr Second Deputy Speaker 1:10 p.m.
    Hon Minister, let me recognise you before you speak, please.
    What document were you reading from?
    Ms Agyeman 1:10 p.m.
    Mr Speaker, I quoted it from the Auditor-General's Report for 2012
    - 2013.
    Mr Second Deputy Speaker 1:10 p.m.
    What page, please?
    Ms Agyeman 1:10 p.m.
    Page 9, paragraph 17.
    I read it myself.
    Mr Second Deputy Speaker 1:10 p.m.
    Hon Minister?
    Mrs Lithur 1:20 p.m.
    Mr Speaker, I do not know what document the Hon Member was referring to. Her Question was specifically on donor support for social problems between the years 2010 and 2014.
    We have not received any money or even engaged with the Government of Switzerland. They have not had any official
    Mrs Lithur 1:20 p.m.


    communication with the Ministry since I became Minister. They have not given us any budget or other support. We have also not received any money from the African Development Bank for the year

    2014.
    Mr Joseph Osei-Owusu 1:20 p.m.
    Mr Speaker, from the Hon Minister's Answer, in the last paragraph, on page 9, under Juvenile Justice Administration it states:
    “We did not receive any donor support for this activity in 2013”.
    Then going to page 10, where the table is, under Juvenile Justice Administration in 2013, it was GH¢46,600.00. May I know how she reconciled these figures in the statement that they did not receive any money?
    Mrs Lithur 1:20 p.m.
    Mr Speaker, I noted that was a variation and I corrected it. In the narrative there was a mistake and when I made my presentation, I pointed it out to the House that it was GH¢46,600.00 in 2013 and GH¢46,850.00 in 2014.
    Mr Second Deputy Speaker 1:20 p.m.
    That of the year 2014 is GH¢47,850.00.
    Mrs Lithur 1:20 p.m.
    Sorry, it was GH¢47,850.00 and not GH¢546,850.00. Sorry, I pointed it out and I am sure that clarifies it.
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Minister, please, sit down.
    Could we have any objection if I invite you to cancel the next sentence, because if you read page 9, the last sentence on the fourth paragraph says that:
    “We did not receive any donor support for this activity in 2013.”
    But because of the variation you have made, you received moneys in the year 2013. For the record, should we cancel it?
    Mrs Lithur 1:20 p.m.
    Yes, Mr Speaker, if it could be cancelled and the 2014 changed into
    2013.
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Deputy Majority Leader, with respect, it is your responsibility to direct the Hon Minister. When the Hon Minister was in the Dispatch Box and you were sitting down, I noticed another Hon Member came to speak to you.
    You know the Hon Minister is not a Member of Parliament, so you must direct the Hon Minister to come to the Dispatch Box to make the corrections from there.
    Mr Agbesi 1:20 p.m.
    Mr Speaker, I am sorry for that.
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Minister, please, make the correction from the Dispatch Box.
    Mrs Lithur 1:20 p.m.
    Thank you, Mr Speaker.
    With your permission, I would wish to make the following edits to our statement. The first is, on page 9, under Juvenile Justice Administration, the last but one sentence, change “2013” to read “2014.”
    Mr Second Deputy Speaker 1:20 p.m.
    Is it the last but one sentence?
    Mrs Lithur 1:20 p.m.
    Yes, the last but one sentence, Mr Speaker.
    Mr Speaker, I would also request for the last sentence to read 1:20 p.m.
    “We did not receive any donor support for this activity in 2013” to be deleted, and inserted”GH¢47,850.00 in 2014".
    Mr Second Deputy Speaker 1:20 p.m.
    Thank you.
    Yes, Hon Hawa Koomson?
    Mrs Mavis H. Koomson 1:20 p.m.
    Mr Speaker, I would want the Hon Minister to explain to this House who a vulnerable person is. Does it include a person born with disability and those who have become disabled as a result of accident?
    rose
    Mr Second Deputy Speaker 1:20 p.m.
    Yes, Hon Deputy Majority Leader.
    Mr Agbesi 1:20 p.m.
    Mr Speaker, the first part of the question that the Hon Minister should explain is -- [Interruption.] She is asking for an explanation which is outside the scope of the Question which was asked. But I listened to the second part of the Question which appears to be within the scope of the Question.
    Mr Second Deputy Speaker 1:20 p.m.
    So Hon Agbesi, which part do you say is within the scope of the Question, please?
    Mr Agbesi 1:20 p.m.
    In the first part, she was asking for an explanation as to who a vulnerable person is and I am saying that one is not part of the Question.
    Mr Second Deputy Speaker 1:20 p.m.
    I would have agreed with you, but looking at page 9 of the Order Paper, it talks about orphans and vulnerable children. I think the Hon Minister could answer this Question, but not too long, in just one or two sentences.
    Hon Minister?
    Mrs Lithur 1:20 p.m.
    Mr Speaker, vulnerable persons, like the Hon Member has rightly pointed out are persons who do not have productive capacity, orphans and also persons with disabilities.
    Mr Second Deputy Speaker 1:20 p.m.
    Yes, Hon Member for Nsawam Adoagyiri?
    Mr Frank Annoh-Dompreh 1:20 p.m.
    Mr Speaker, with your permission, just a terse reference to the Hon Minister's Answers on Support for Eban Elderly Welfare Programme --
    “In 2014, the UNFPA provided a total amount of twenty thousand, two hundred and forty Ghana cedis (GH¢20,240.00) to support the implementation of the of the Eban Elderly Welfare Programme which consist of creation of database of the elderly and the social protection intervention …”
    My question is simple, her emphasis was on the year 2014. Respectfully, what is her Ministry doing to ensure the continuation and the sustenance of this project in the face of its importance to the elderly?
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Member, I would disallow that Question because the Question that was asked by the Hon Member for Oforikrom stated the year 2010 to 2014. So, we would restrict our Answers to that.
    Mr Samuel Atta Akyea 1:20 p.m.
    Mr Speaker, may I find out from the Hon Minister where these foreign donor receipts were lodged. Were they lodged with her Ministry or in the Consolidated Fund?
    Mrs Lithur 1:20 p.m.
    Mr Speaker, some of the moneys were lodged with the Ministry and some also with the Consolidated Fund.
    rose
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Member for Nsawam Adoagyiri, do you have a problem?
    Mr Annoh-Dompreh 1:20 p.m.
    Mr Speaker, respectfully, my question was not answered.
    Mr Second Deputy Speaker 1:20 p.m.
    It is because I disallowed it.
    Mr Annoh-Dompreh 1:20 p.m.
    Mr Speaker, did you disallow it?
    Mr Second Deputy Speaker 1:20 p.m.
    Yes, I disallowed it. What was the Question?
    Mr Annor-Dompreh 1:20 p.m.
    Mr Speaker, I quoted paragraphs of her Answer, then I said her emphasis in that Answer was on the year 2014. My Question was simple; what is the Ministry doing to ensure the project in the face of its importance, is sustained even in years beyond 2014.
    Mr Second Deputy Speaker 1:20 p.m.
    My answer was also simple, I disallowed it -- [Laughter] -- And I disallowed it for a very simple reason. Please, sit down.
    Mr Annoh-Dompreh 1:20 p.m.
    Very well, Mr Speaker.
    Mr Second Deputy Speaker 1:30 p.m.
    I disallowed it because, the original Question was time specific; the year 2010 to 2014. As much as your question was relevant, the main Question was time specific and the Minister prepared for Questions depending on what was told them.
    In any event, I am sure the Hon Minister can answer it so I would change my view.
    Hon Minister, answer the Question.
    Mrs Lithur 1:30 p.m.
    Mr Speaker, we conducted a very successful pilot where we registered 1,015 elderly persons. So we have engaged this year with Ghana Private Road Transport Union (GPRTU) and the three other transport unions and they are working out a rebate percentage for

    transport fares across the country for elderly persons above 65 years. We have also engaged with the health sector, specifically the Ghana Health Service. They are also going to give priority access for elderly persons when they visit the hospitals. So a circular has been issued to that effect.

    Mr Speaker, Government of Ghana Budget is supporting the registration of 25,000 elderly persons across 50 districts. We are selecting five districts in each region for this exercise. That is 400 elderly persons per district. So we are going to start in about three weeks time, where we are going to register the elderly and issue them with the EBAN cards.

    So when they get to trotro stations and transport terminals, they would be given priority access and when they board Metro Mass Transit buses they will get, 50 per cent rebate.

    We are waiting for the GPRTU to give us the rebate for the private transport. So this is how we are sustaining this activity and this support for the elderly.

    Mr Speaker, we are also registering the elderly under National Health Insurance. Just yesterday, we registered 500 elderly people in the Keta Municipality. Last year, we did 3,550 and we would be continuing this year. We are going to the Ashanti Region in the two weeks time to start.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Esther Dapah Obeng?
    Ms Esther Dappah Obeng 1:30 p.m.
    Mr Speaker, from the Hon Minister's Answer on page 9, there is mention of where shelter is being provided for abused children. Can she tell us where the shelters are located and whether they include women who are abused?
    Mrs Lithur 1:30 p.m.
    Mr Speaker, these shelters are principally for abused children and missing children and not the abused women.
    With respect to the abused women, we have operationalised one shelter in Greater- Accra Region and we actually have a first family there.
    Mr Speaker, for the abused children, we have one in the Osu Remand Home, part of the Home is for that. We had one in the Ashanti Region but we had to close it down and wait for money to renovate it. We also have one at Swedru under the Department of Social Welfare and Community Development and also at Essipong in Sekondi in the Western Region.
    So this is where we have the shelters for abused and missing children, and children in need of care and protection.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Elizabeth Sackey?
    Mrs Elizabeth Sackey 1:30 p.m.
    Mr Speaker, we know that donors give us money in dollars or foreign currency. I would want to know from the Hon Minister which rate they used in converting the figures she has given to us here.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Minister?
    Mrs Lithur 1:30 p.m.
    Mr Speaker, we used the prevailing Bank of Ghana rates and we can furnish the Hon Member with the exchange rates at a future date.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Simon Osei-Mensah?
    Mr Simon Osei-Mensah 1:30 p.m.
    Mr Speaker, in response to a question posed by Hon Atta Akyea, the Hon Minister indicated that some of the funds are deposited in the Consolidated Fund and others directly to the Ministry. I would want to find out which of the funds are deposited directly with the Ministry and why, and whether they form part of the budgetary allocation of the Ministry as approved in the Appropriations Bill.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Minister?
    Mrs Lithur 1:30 p.m.
    Mr Speaker, I would crave your indulgence to furnish this House with further and better details at a future date on the actual amounts that are in the Consolidated Fund and those that are with the Ministry. But to the best of my knowledge, some come directly to the Ministry and are actually not part of the Government of Ghana Budget.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Minister, before I recognise Hon Gifty Kusi, I think that the practice has developed that when you are going to furnish the information, you can do it in writing. The Minister for Aviation provided information with regard to the funding of one of the airports and she did it in writing. So within two weeks, provide it in writing. Write to the Clerk and you would have answered the Question.
    Hon Gifty Kusi, the last but not the least.
    Mrs Gifty E. Kusi 1:30 p.m.
    Mr Speaker, I would want to ask the Hon Minister, before she answered the Question, she said that there had not been any funding for kayayei. But in one of her programmes,
    number 3, she mentioned vulnerable children. Kayayei have a lot of vulnerable children among them and sometimes they leave them there. I would want to find out if in these programmes she has ever included children of the kayayei.
    Mrs Lithur 1:30 p.m.
    Mr Speaker, we have done programmes with Government of Ghana funding for Kayayei and the children of kayayei.
    Mr Second Deputy Speaker 1:30 p.m.
    Thank you, Hon Minister.
    Question 449 standing in the name of Mrs Elizabeth Agyeman, Hon Member for Oforikrom.
    LEAP Fund to Beneficiaries (Disbursement)
    Q. 449. Ms Elizabeth Agyemang asked the Minister for Gender, Children and Social Protection how much the Ministry has disbursed from the LEAP Fund to beneficiaries from 2010 to 2014.
    Mrs Lithur 1:30 p.m.
    Mr Speaker, the Question is about how much the Government of Ghana under our Ministry of Gender, Children and Social Protection has disbursed from the LEAP Fund beneficiaries from 2010 to 2014.
    Mr Speaker, I must start by saying that due to the successful social protection interventions implemented by the Government of Ghana, the Government is actually the first sub-Saharan African country to have halved poverty and has achieved the Millennium Development Goal 1.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Minister, I am glad --
    Ms Agyeman 1:30 p.m.
    Is that the Answer?
    Mr Second Deputy Speaker 1:30 p.m.
    Please, I would not accept Hon Members speaking into the microphone when they are sitting.
    Hon Minister, please, take your seat.
    I am glad that the Majority Leader is here so we can have the benefit of his advice.
    Hon Majority Leader, when an Hon Minister is asked a Question and there is a written Answer, can the Minister speak outside the written Answer or he is bound by the written Answer?
    Some Hon Members 1:30 p.m.
    Erskine May.
    Mr Second Deputy Speaker 1:30 p.m.
    Majority Leader, they are now calling you Erskine May.
    Mr Alban S. K. Bagbin 1:30 p.m.
    Mr Speaker, I am sure you are just seeking my opinion on this. From Erskine May and the practice generally in the Commonwealth, it is for the Hon Minister to stick to the Answer or apply for leave to add or amend the Answer.
    It is flexible, but at least, it is the practice and one just has to ask for that leave. Hon Members might have read what she has and they might have formulated the supplementary questions based on that. So if she is bringing additional information, they would not have the opportunity to crosscheck on that additional information she is now giving. And so she needs their leave.
    The rules are not too stringent, but it is just for the purposes of publishing the Answers, giving notice to the person that must have posed the Question, so that the person can prepare to ask supplemen- tary questions.
    The whole House would be guided on that. So, that is the procedure.
    Mr Second Deputy Speaker 1:40 p.m.
    Thank you very much.
    So, Hon Minister, if you would like to add information, you apply. Otherwise, you stick to what is there.
    Mrs Lithur 1:40 p.m.
    Thank you, Mr Speaker. Could I please make an oral application for leave?
    Mr Second Deputy Speaker 1:40 p.m.
    All applications here are oral.
    Mrs Lithur 1:40 p.m.
    Mr Speaker, with respect, I beg to make an oral application for leave to add three specific facts to the Answer that we filed before this House.
    Mr Second Deputy Speaker 1:40 p.m.
    What are the facts about please?
    Mrs Lithur 1:40 p.m.
    The three facts are that Ghana historically has achieved the feat of being the first sub-Saharan African --
    Mr Second Deputy Speaker 1:40 p.m.
    I would like you to summarize the three, what you would like to add.
    Mrs Lithur 1:40 p.m.
    Mr Speaker, that is the first one. We have reduced poverty from 16.5 per cent in 2005/2006 to 8.4 per cent in
    2013/2014.
    The second one is the fact that we have 52 per cent of beneficiaries who are vulnerable children, 42 per cent elderly and 14 per cent persons with disability.
    Mr Second Deputy Speaker 1:40 p.m.
    I would grant this application, but subsequent to this, I would plead or advise that the Minister should make this information available, so that it is part of the Order Paper, but I would grant this application as an exception, not the rule.
    Mrs Lithur 1:40 p.m.
    Mr Speaker, I am very grateful.
    Mr Speaker, the Livelihood Empower- ment Against Poverty (LEAP) is a pro-poor programme that provides cash grants targeted at reducing poverty, exclusion and vulnerability among the extremely poor households with orphans and vulnerable children (OVCs), persons with disabilities and the aged 65 years and above with no productive capacity.
    Mr Speaker, 52 per cent of the beneficiaries are vulnerable children, 42 per cent are elderly and 14 per cent are persons with disability.
    The LEAP Programme is designed to promote the use of Social Protection interventions as a catalyst to improve the wellbeing of the most vulnerable and to foster long-term human capital develop- ment.
    The LEAP programme is managed by the Ministry of Gender, Children and Social Protection through the Department of Social Development (DSD).
    Mr Speaker, the LEAP Programme started in March, 2008 with 1,654 beneficiary households in 21 Districts. Presently it covers 90,785 beneficiary households in 144 Districts as at June, 2015. It is expected that by the close of the year 2015, the number of beneficiary households will be increased to 200,000. Currently, 60,000 beneficiary households are being targeted for enrolment.
    The programme provides cash grants between forty-eight cedis (GH¢48.00) and ninety cedis (GH¢90.00) to beneficiaries depending on the number of beneficiaries per household bimonthly.
    Mr Speaker, between 2010 and 2014, a total amount of eighty five million, three hundred and thirty thousand, two hundred cedis, forty-three pesewas (GH¢85,330,200.43) of LEAP grants have been disbursed to the LEAP beneficiary households.
    The breakdown is as follows:
    SPACE FOR TABLE - PAGE 3 -

    SPACE FOR TABLE - PAGE 4 -
    Ms. Agyeman 1:40 p.m.
    Mr Speaker, I would like to find out the criterion used to select the LEAP Regions and Districts.
    Mrs Lithur 1:40 p.m.
    Mr Speaker, like I said, presently, we have a total number of 104 districts and in terms of the criterion, we used objective, transparent and scientific means to determine the beneficiary households.
    We first do what we call targeting. In selecting potential beneficiaries, we start with geographical targeting.
    Mr Speaker, we used data from the Ghana Statistical Service, specifically the Poverty Map, 2007 and also research and data from the Ghana Living Standards Survey to identify regions and districts that would qualify for targeting and also for selection. So, we have a list.
    In terms of the poverty map, we did a regional poverty ranking and allocation of beneficiaries. Upper West Region topped because the poverty rate in Upper West is 79 per cent. Upper East was second, 60.1 per cent. We have Northern Region, Volta Region, Brong-Ahafo Region and all the regions. In fact, Greater Accra was the least, with 6.2 per cent.
    Then we looked at selection of Districts within the Regions. We also used a poverty data by the Statistical Service. The Statistical Service has also ranked communities within the Districts, so we got data from them. They ranked from the poorest to the richest communities.
    We were also strategic in our selection. We focused on the three northern regions because they are the poorest in Ghana. We are focusing on extremely poor households.

    Secondly, we have realised that there is a loss of livelihood right along the coast because of reduction of fish stocks in the sea, so for targeting, we also looked at the coastal belt of Ghana.

    We also looked at certain Districts that do not have any LEAP beneficiaries. We deepened LEAP beneficiaries in 57 Districts and added on 47 new Districts. Most of the districts we added were either in the coastal belt, in the forest belt or in the northern regions, so I would just give a few examples.

    For instance, for Upper West, Nadowli, Jirapa, Lambussie, Sisala, Lawra, Wa, all are on LEAP, but the poverty rates are still high, 85 per cent, 82 per cent, 82 per cent and 79 per cent.

    In Upper East, Bawku, Bongo, Builsa, Bawku Municipality, Garu-Timpane, Kassena-Nankana, the poverty rate ranges from 69 to 80 per cent.

    So we would select such a District over and above for instance, a district in Greater Accra which would have maybe, 4 per cent poverty rate.

    We also acknowledged the fact that in some of our urban areas, we have pockets of extremely poor households, especially in some of the slums, so for some of the Regions we were strategic.

    For Greater Accra for instance, though Tema Metropolitan has 4 per cent poverty rate, we selected because of a coastal region like Tema New Town. Ledzokuku- Krowor also, 16 per cent poverty rate but was selected. Ashaiman also 4 per cent poverty rate, but also was selected.

    So these are some of the reasons and this is what informed the selection of certain communities, certain Districts and
    Ms Agyeman 1:50 p.m.
    Mr Speaker, I am happy that the Hon Minister mentioned the three Northern Regions. These Kayayei are moving from that place to the southern part of Ghana.
    The Hon Minister said in this House that they have nothing for the Kayayei. Is there a way for her to fix these Kayayei in her programme?
    Mrs Lithur 1:50 p.m.
    Mr Speaker, I did not say that we do not have anything for Kayayei. The Question which was asked was donor support for social problems and Kayayei.
    I answered that Question and said, presently, we do not have any donor support for Kayayei- related activities. All the activities we are rolling out for Kayayei are being taken from Government of Ghana funds.
    In terms of social protection and Kayayei , Mr Speaker, there was a rationalisation report two years ago, commissioned by the Ministry of Finance, the International Labour Organisation (ILO) and the Ministry of Local Govern- ment and Rural Development. And yes, as the Hon Member has rightly identified, a gap was shown that the Government of Ghana has to do more in terms of social protection for the adolescent demo- graphic group.
    So, this is something we are looking at critically. What is happening is that, we are looking for donor funds to support youth employment, specifically, the
    Kayayei. In fact, I was in Washington with the World Bank for a reverse mission last week and this is something that we have put before them.
    Also, with the Committee on Gender and Children of Parliament, since last year, we have drawn up long-term, short-term and medium-term programmes, and we have identified some activities that we can implement in Ghana to address the situation of Kayayei.
    For 2015, we are receiving support from United Nations Population Fund (UNFPA) to create three service centres for Kayayei, specifically, in Oforikrom in the Ashanti Region, in Agbogbloshie and also in Mallam Atta Market, where we will provide humanitarian services in terms of addressing gender-based violence and other social issues. So, these three service centres will be in operation before the close of the year.
    We are also working with some non- governmental organisations (NGOs) on scholarships for Kayayei.
    There is also the textile industry where we are scoping and investigation and an inception Report is being prepared to see whether we can train 500 Kayayei within the textile industry. This is really in the inception stage. But these are some of the programmes and activities that our Ministry is supporting through the Government of Ghana to address the situation of Kayayei.
    Ms Agyeman 1:50 p.m.
    Mr Speaker, I would want to ask the Hon Minister whether she can tender the poverty rating documents, so that Hon Members will know the poverty level in their various Consti- tuencies.
    Mr Second Deputy Speaker 1:50 p.m.
    I think she said it was from the Statistical Service, so it is a public document already.
    All right, state the title of the document in full if you have it.
    Mrs Lithur 1:50 p.m.
    Mr Speaker, it is a document which is generated by the Statistical Service. We call it the Poverty Map for 2007. Then, last year, they came up with the Ghana Living Standards Survey, the sixth round. Then, for this year, I know they are launching the Demographic and Health Survey. But we specifically use the Poverty Map of 2007.
    They have reviewed it but they did not do it in good time, so we used the 2007 Poverty Map. I believe copies can be furnished by the Statistical Service to this august House.
    Mr William A. Quaittoo 1:50 p.m.
    Thank you, Mr Speaker. Looking at page 11, on the Order Paper, the table given there, I think it is the same as the one on page 12, but there is a disparity in the number of beneficiaries for 2014 on the two tables. Which is the correct one?
    Page 11, number of beneficiary households. On this page, we have 89,892. When we come to the same table on page 12, for 2014, we have 90,785. Which is the correct number?
    Besides that, Mr Speaker, we have been receiving copies --
    Mr Second Deputy Speaker 1:50 p.m.
    I did not get your Question.
    On page 11 --
    Mr Quaittoo 1:50 p.m.
    Mr Speaker, page 11, the last table. For 2011, the number of beneficiary households, we have 89,892. The same table is repeated on page 12 -- To me, which was not necessary anyway; but we have 90,785. And I am asking, which is the correct figure.
    Mr Speaker, we have received copies of names of beneficiaries and in those copies, we never find households. They
    are assigned to specific persons; a person's name is actually mentioned. I do not know whether it is the leader of the household whose name is mentioned or not.
    Here, I am surprised, we are seeing the number of households. Does the money go to households or specific persons?
    Mr Lithur 1:50 p.m.
    Mr Speaker, the accurate figure is 90,785 on page 12. In terms of the names, we normally do cash payment. We have piloted electronic payment and we are going to roll out full electronic payment before the close of the year.
    So, there is a designated person within the household who receives the money. It is either the beneficiaries themselves, the head of household or the care giver. Especially for the elderly persons, orphans and vulnerable persons, the money is given to the caregiver. So, that is why you will see a name.
    We normally give them photo identity (ID) cards and numbers, and that is what they come with.
    They also qualify for free National Health Insurance and that is why it is important to have the ID card.
    So, yes, we receive names which are the designated representatives of the households who collect or receive the money electronically, either on their mobile phones or their E-zwich cards at the end of every two months. So, you will see names accordingly.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 1:50 p.m.
    Yes, Hon Yieleh Chireh?
    Oh! Sorry. When I saw you up, I though you wanted to ask a question.
    Yes, Hon Appoh?
    Ms Rachel Appoh 1:50 p.m.
    Thank you, Mr Speaker.
    I would want to congratulate the Hon Minister for such brilliant answers for the House.
    Mr Speaker, in the Hon Minister's submission, she mentioned that the Ministry has so far dealt with 144 districts. So, out of 216 Districts, the Ministry has dealt with 144 Districts leaving 72 Districts. Right now, I know there is hope for my District.
    Mr Speaker, in the poverty rating, I know in the Central Region, Gomoa East District is the second highest. As I speak, there is no beneficiary in my District.
    According to the Hon Minister, they intend to increase to 200,000 households. They have so far covered 60,000 households leaving 140,000 households. I would want to find out when the next batch will start, and why is no one benefitting from my District?
    Mrs Lithur 2 a.m.
    Mr Speaker, we did research -- an impact analysis of LEAP two years ago. We are only reaching one out of ten potential beneficiaries.
    Unfortunately, there is a high demand for LEAP and we have to progressively increase the number of households. As the Hon Member rightly said, we have 72 Districts that are not on LEAP and we are progressively increasing the numbers.
    I have identified and articulated very clearly, the targeting and the selection mechanism and definitely, we would cover eventually, all the extremely poor households. It is a process and we are progressing steadily with this process.

    So, for the 72 Districts, let me assure all the potential beneficiaries in the Districts that we would cover. We are going to expand further in September, when we would add fifty thousand more households.

    Thank you, Mr Speaker.
    Mr Joseph Cudjoe 2 a.m.
    Mr Speaker, I would like to ask the Hon Minister, a question, following an analysis I have done per the table provided and also per the information provided on paragraph 3 of page 11.
    Mr Second Deputy Speaker 2 a.m.
    Hon Members, having regard to the state of Business of the House, I direct that Sittings be held outside the prescribed period, in accordance with Standing Order
    40 (3).
    Hon Member, please, continue.
    Mr Cudjoe 2 a.m.
    Mr Speaker, page 11, paragraph (3) states that; forty-eight cedis (GH¢48.00) minimum, and a maximum of ninety cedis (GH¢90.00), is paid to a household, depending on the number of beneficiaries in the household.
    Mr Speaker, on page 12, the table provides that 337,110 households have received moneys under this programme. If I use the two pieces of information, I can deduce that the expected disburse- ment, given the numbers here, should be about twenty-three million and maximum possible disbursement, if I use even GH¢90.00 per household for the 337,110 beneficiaries, should have been thirty million Ghana cedis (GH¢30 million).
    Meanwhile, the Report states that eighty-five million Ghana cedis, was disbursed, creating an excess of fifty-five million Ghana cedis. My question is, were there ghost recipients?
    Mrs Lithur 2 a.m.
    Mr Speaker, there are no ghost recipients. I do not know how the Hon Member arrived at his calculations. This is for four years -- 2010, 2011, 2012, 2013 and 2014, as page 12 would say.
    In terms of paragraph 3, it is a whole spectrum. What he is saying is that the minimum is GH¢48.00, and it is for two months and it is actually GH¢24.00 per month times two, is GH¢48.00. So, that is the minimum that a household would receive.
    The maximum a household would receive would be GH¢90.00. We do it on pro-rata basis. So that is what we do. We are actually waiting on the Hon Minister for Finance to decrease it to a minimum of GH¢44.00. It is actually the cumulative figure that he is seeing here. We can even give him the reconciliation figures. Sometimes, some of the money is not paid, and we have reconciliation statements, and the moneys are paid back to chest.
    We can even give you the percentage. I, actually have the monitoring Report for this year, and we can tell you the percentage of moneys, the amounts that have not been paid. So, for each of our service providers, we actually do a reconciliation and statements, with Ghana Post, with MTN, with Aya and the others.
    We actually do a reconciliation and we can tell him the figures. It is something that we place a lot of importance on and there is a whole process. That is why we are also going electronic because with the biometric registration of beneficiaries, it would even be easier to track, but we have very sound financial and monitoring procedures.
    We actually even have some civil society groups, monitoring the process,
    specifically, the Catholic Relief Services monitors the electronic pilot payment. So, we do not have ghost beneficiaries. All the beneficiaries are real and these figures are cumulated.
    Mr Nii Armah Ashietey 2 a.m.
    Mr Speaker, when the Hon Minister was answering one of the questions, she mentioned Ledzokuku-Krowor as one of the communities that have benefited from the programme.
    Mr Speaker, I also know that Odododiodio has also benefited from the programme. Osu lies in between Odododiodio, La and Ledzokuku -Krowor. So I am wondering how come Osu was jumped and Odododiodio and Ledzokuku- Krowor are benefitting and to find out from the Hon Minister, when she would also bring Osu on stream.
    Mrs Lithur 2 a.m.
    Mr Speaker, like I said, we do have seventy-six outstanding Districts, and we are working progres- sively to cover all the Districts. We are working with the poverty rankings, and I believe for Osu, the poverty ranking was quite low, and that is why in terms of priority, we are working with the Districts that have very high poverty rankings. But I am assuring the Hon Member that we would get to Osu in due course.
    Mr Speaker, we are also doing strategic targeting and so for this expansion, we are registering all the State orphanages. We are also registering all inmates of the five existing witches Camps and then also all inmates of the Leprosariums.
    So, this is what we are doing. We have also this year, received funding from the United States Agency for International Development (USAID) and the United Nations Children's Fund (UNICEF) to register six thousand pregnant women and women with children below the ages of two years, in the Upper East Region and the Northern Region.
    Mr Second Deputy Speaker 2 a.m.
    Hon Minister the question is specific so --
    Hon Members, apart from the original person -- The person who asked the question, who is given three additional opportunities to ask supplementary questions, with the rest, you are given one opportunity. That is the rule, so if you think that your question has not been answered properly, then you have an opportunity to, as it were, ask an Hon Colleague of yours, to ask on your behalf.
    This is because I cannot recognise you twice on the same Question. I am sorry.
    Hon Simon Osei-Mensah?
    Mr Simon Osei-Mensah 2 a.m.
    Mr Speaker, I am referring to the second paragraph on page 11. I beg to quote:
    “Mr Speaker, the LEAP Programme since its inception in March, 2008 with 1,654 beneficiary households in 21 Districts is now covering 90,785 beneficiary households in 144 Districts as at June, 2015.”
    Mr Speaker, when was the response sent to this House? Today is 25th of June; so which June is the Hon Minister talking about? When did we get the response before it was published, June as at what date?
    Mrs Lithur 2 a.m.
    Thank you, Mr Speaker, we liken the Livelihood Empowerment Against Poverty (LEAP) register to the election register, so we have a register of beneficiaries and we can tell you at any point in time the number of beneficiaries. So this we actually filed it yesterday; so it is as at yesterday that we had this number and that was why we said June, 2015.
    rose rose
    Mr Second Deputy Speaker 2 a.m.
    Hon Quaittoo, I think you have already asked a question.
    Mr Willaim Quaittoo 2 a.m.
    That is a previous one.
    Mr Second Deputy Speaker 2 a.m.
    That is a previous one but I can see the Hon Member for Manhyia North and he has not asked a question.So I would give him the opportunity and any Hon Member from the Majority Side of the House then the Ranking Member and then that would be it for the Hon Minister. I can see that my good Friend the Hon Minister for Youth and Sports is here, so he would be taking the turn soon.
    Yes Hon Member for Manhyia?
    Mr Quaittoo 2 a.m.
    Mr Speaker, on the very question that the Hon Minister answered --
    Mr Second Deputy Speaker 2 a.m.
    No! Hon Member for Manhyia North?
    Mr Collins Owusu-Amankwah 2 a.m.
    Mr Speaker, I would want to draw attention to the breakdown and also to ask the Hon Minister for Gender, Children and Social Protection to reconcile these two calculations. In 2011, the number of beneficiary households, that is 68,557 received a total amount of GH¢4,332,501.00 as against 2012 number of beneficiary households, which is 72,325, also received
    GH¢21,365,336.
    Mrs Lithur 2 a.m.
    Mr Speaker, two explanations; first, we have the issue of irregular payments so there were certain points in time where instead of six payments, we made four or we made three. Then also there was the issue of an increase in the actual amount that was paid. So for instance, for 2013, we increased the amount that was paid and
    we are in the process of increasing from GH¢24 per month to GH¢44 per month. So once that increase is made, it would definitely increase the total amount that would be disbursed or would be given out to households' beneficiaries. So these are the two reasons why we would have that.
    For last year, we were able to pay every two months and this year too we are also on course.
    So this is the explanation, thank you Mr Speaker.
    rose rose
    Mr Second Deputy Speaker 2 a.m.
    Hon Gifty Kusi.
    Mr Quaittoo 2 a.m.
    Mr Speaker, on page 11, paragraph (2), in the Question just before the one the Hon Minister answered, it is stated:
    “Mr Speaker, the LEAP Programme since its inception in March, 2008 with 1,654 beneficiary households in 21 Districts is now covering 90,785 beneficiary households in 144 Districts as at June, 2015…”
    Looking at the table, as at the end of 2014, the total beneficiary households on the table given to us is 337,110 but the Hon Minister is also saying that as at June, 2015, the households are 90,785.00 and I do not get it.
    Mr Second Deputy Speaker 2 a.m.
    Hon Minister?
    Mrs Lithur 2 a.m.
    Mr Speaker, I did not get the last end of the 337. I do not know what page the Hon Member is referring to. Maybe, if he could come and --
    Mr Second Deputy Speaker 2 a.m.
    Hon Quaittoo, I also was a little --
    Mr Quaittoo 2 a.m.
    Mr Speaker, what I mean is; if you look at the table on page 11 or 12 any of them.
    Mr Second Deputy Speaker 2 a.m.
    No, no let us take one. Which table?
    Mr Quaittoo 2 a.m.
    Page 12.
    Mr Second Deputy Speaker 2 a.m.
    All right.
    Mr Quaittoo 2 a.m.
    Total number of beneficiary households as at the end of 2014 is 337,110.00.
    Mr Quaittoo 2 a.m.
    But if you look at page 11 on paragraph 2, it is saying that as at June, 2015, the total number of house- holds covered is 90,785. So how can we have 337,110 in 2014 and come to June and the number of households is rather
    97,000.
    Mrs Lithur 2 a.m.
    Mr Speaker, page 12 is actually the total of beneficiaries who have been paid. So we calculated 32,000, 68,551, 72,325, 73,036 and 90,785 because if you look at the typing, it is contributions. So we are actually looking at the contributions. What we are looking at here is the beneficiary households that is ¢90,000 and even the ¢90,000 and ¢89,000 some of them do not come and collect their money.
    So that is why you would have the difference between ¢90,000 and ¢89,000. In the breakdown in the last paragraph of page 11, we are looking specifically at those we have actually paid. So we have ¢90,785 on our register but sometimes people do not come and collect their money because they have travelled or they are dead, and that is why we have quoted the actual number and on page 12 is the total.
    Mrs Lithur 2:20 p.m.
    Mr Speaker, the explanation is this: I am just rehashing what I said, that we have beneficiary households on our register and that we have quoted 90,785. And on page 11, we have stated the numbers that we have paid. So for instance, I can give example, I have with me the first quarter Report for payments which is telling me that for our 35th cycle of payments, we had 4.9 per cent not collecting their payments and then for last year, we had 7.13 per cent.

    Sometimes, we have a situation where people do not collect their payments. So, what we are quoting in the break down is the beneficiary households that actually collected their payments.
    Mr Second Deputy Speaker 2:20 p.m.
    But Hon Minister, that figure, it is the same as the figure for 2014. As at 2015, it means that -- or I understand it to mean that from 2010 -- But the 90,785 is the same figure as the figure quoted on 2014 and I know these are figures your staff generate for you.
    Is it a coincidence that as at 20th June, 2015, 90,785 beneficiary households in 144 districts have received this money? Then if you go to the next page, in 2014, those who received, because 2013 figure is there, that is 73,000 and in 2014, those who received, the same 90,785. Is it possible or it is --
    Mrs Lithur 2:20 p.m.
    Mr Speaker, we have not increased the number of beneficiaries. For this year, we have not added on, we are actually in the process of adding on 60,000. So, we have not added on any we only add on at specific periods when we do our targeting.
    So, if I come before you in September, I would be giving you a different figure and if I come in December, I would be giving you a different figure, hopefully, 200,000. We want to match Tanzania, which has
    1,000,000.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 2:20 p.m.
    Hon Isaac Osei?
    Mr Isaac Osei 2:20 p.m.
    Mr Speaker, the statistics have not presented us with the entire picture. I noticed that on page 12, it is a cumulative figure but the truth of the matter is that, many of those contained in subsequent years are also from previous
    years. And therefore, when you have a cumulative figure of 337,000, it may give the impression that these are all different households. So, I would want the Hon Minister to tell us how many households, as at today or yesterday as she said -- If it is 90,000 then perhaps, the 90,000 are the beneficiaries.
    I can understand the cumulative figure but it does not give -- This is because of the way stats are built, we do not have 337 households which are benefitting from this. I do not know whether my thinking on this matter is right Hon Minister.
    Mr Second Deputy Speaker 2:20 p.m.
    And when you said stats you mean statistics.
    Mr Isaac Osei 2:20 p.m.
    Yes, I am saying that --
    Mr Second Deputy Speaker 2:20 p.m.
    No, you said, stats, do you mean statistics, for the records?
    Mr Isaac Osei 2:20 p.m.
    That is not incorrect.
    Mr Second Deputy Speaker 2:20 p.m.
    Do you mean statistics?
    Mr Isaac Osei 2:20 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 2:20 p.m.
    They have a way sometimes of repeating exactly what you said so --
    Hon Minister?
    Mrs Lithur 2:20 p.m.
    Mr Speaker, for purposes of clarity and since this is a public record, I would ask that we amend Table 1 so that there is no ambiguity as to what we mean by 337,000. So, I would ask that, that cumulative figure be deleted.
    Mr Speaker, I think that would -- because it seems like there is an ambiguity and it creates a wrong impression.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 2:20 p.m.
    Thank you, Hon Minister for attending upon the House. You are discharged.
    Hon Deputy Majority Leader, we have the Hon Minister for Youth and Sports?
    Question number 441 standing in the name of Hon Collins Owusu-Amankwa, Hon Member for Manyhia North.
    MINISTRY OF YOUTH AND 2:20 p.m.

    SPORTS 2:20 p.m.

    Minister for Youth and Sports (Maj. (Dr) (Alhaji) Mustapha Ahmed (retd) 2:20 p.m.
    Mr Speaker, the National Youth Policy was launched in 2010. The Implementation Plan of the Policy was launched early this year by His Excellency, the President, John Dramani Mahama. The Implementation Plan of the Policy covers the period 2014 - 2017 and has not been rescheduled to
    2017.
    I wish to state that aspects of the plan are already being implemented and currently, a national implementation and oversight committee has been put in place to monitor the full implementation of the plan.
    The National Youth Authority has also been directed to establish regional and district oversight committees to monitor and report on the implementation of the National Youth Policy.
    Mr Owusu-Amankwah 2:20 p.m.
    Mr Speaker, I find it very difficult to juxtapose or reconcile these two statements coming from the President and also the Answer being provided by the Hon Minister.
    Mr Speaker, permit me to say that, His Excellency, John Dramani Mahama, in the fulfilment of article 67 of the Constitution, stood in this august House and made a categorical Statement as Government's response to the issues that confront the youth of this country.
    Also, mindful of the need to ensure that young people are part of the process to find the needed solution -- Mr Speaker, I want to quote from the State of the Nation Address. This is what the President said
    -- 2:20 p.m.

    Mr Second Deputy Speaker 2:20 p.m.
    What page, Hon Member?
    Mr Owusu-Amankwah 2:20 p.m.
    Mr Speaker, the paragraph that has to do with the Ministry of Youth and Sports,and I would want to quote:
    “ following on the national policy document launched in 2010, we have finalised work on an action and implementation plan for the National Youth Policy”.
    rose
    Mr Second Deputy Speaker 2:20 p.m.
    Hon Member?
    Mr Ibrahim Ahmed 2:20 p.m.
    On a point of Order. Mr Speaker, this is the House of records and you rightly asked the Hon Member to give the page and I took my copy of the State of the Nations Address. I wanted to open and cross check as to
    whether what he said is in line with what is in the State of the Nations Address.
    If he does not know the correct page, I entreat him to withdraw that portion or he gives us the page to guide us to go along with him.
    Mr Owusu-Amankwah 2:20 p.m.
    Mr Speaker --
    Mr Second Deputy Speaker 2:20 p.m.
    The page?
    Mr Owusu-Amankwah 2:20 p.m.
    No, Mr Speaker, it is in there and I think he is holding it. He can also assist me to refer to the particular page, but I have quoted what the President actually said. So, he can also go through the --
    Mr Second Deputy Speaker 2:30 p.m.
    Hon Member, you have to give us further and better particulars. I have no doubt in my mind that what you are saying is correct. The State of the Nation Address was read here and it is a public document.
    However, the moment you are referring to these matters, it is useful if you quote the page so that nobody can, as it were, doubt the authenticity of what you are saying.
    The Hon Deputy Majority Chief Whip, who is holding a copy of the State of the Nation Address close to his bosom is refusing to transfer it to you, I cannot compel him. My powers do not extend to that, otherwise, I would have ordered him to give it to you.
    Mr Daniel Botwe 2:30 p.m.
    My problem is with the insistence on page number because it is also published in the Hansard. So, it is not as if he should quote it based on that green book the Hon Deputy Majority Chief Whip is holding.
    Mr Second Deputy Speaker 2:30 p.m.
    Is it also from the Hansard?
    Mr Botwe 2:30 p.m.
    It can also be quoted from the Hansard and he could not have been asked the question to quote the page. The important issue is that he has referred to the sector on youth and sports in the President's State of the Nations Address and as we have a copy here, what he has quoted is not the same as is in the copy, then we could talk about it.
    The most important thing is, what he said was exactly the quote has referred to. In my view, that is the essence of it.
    Mr Second Deputy Speaker 2:30 p.m.
    All right. Hon Dan Botwe, you would agree with me that even when we refer to the Hansard, we more often than not, refer to where we are referring to from the Hansard. However, I think that this is a House of record and openness and I hope we are all seeking to further the democratic process.
    So, Hon Member, give him your copy of the State of the Nation Address. You could meet and give it to him so that he looks at it. You want to keep it? This is public information.
    Mr Ibrahim Ahmed 2:30 p.m.
    Mr Speaker, I would do as you have directed but I want us -
    Mr Second Deputy Speaker 2:30 p.m.
    I have not directed, I have advised. Give it to him; I know you are a gentleman. So, ask your next question or I go to another Question while you consult the document. Hon Owusu-Amankwah, consult him and take the pages because they are important.
    Mr Isaac Osei 2:30 p.m.
    Mr Speaker, with all due respect, I believe the Hon gentleman has actually referred to a source document and has even gone further to give the section. Oftentime, in this House, we have quoted various source documents without referring to pages and lines, so if the Hon Member on the Majority side has the
    information and he is withholding it from this august House, then it does not really say too much for him. Unless he could show that what he said is wrong, I would urge Mr Speaker, to permit the Hon Member to proceed.
    Mr Second Deputy Speaker 2:30 p.m.
    I have advised the gentleman to sprint or send his emissaries to get a copy from the Hon Majority Chief Whip. It is a simple matter. You copied it and if you just look at it you could refer to it.
    Mr Ibrahim Ahmed 2:30 p.m.
    Mr Speaker, when you advised, I even signalled my Hon Colleague to come for the document. We should not debate this as if we have only one Hansard, more so when the Hon Minority Chief Whip said that as the statement was read, it was quoted in the Hansard. Truly speaking, it is in the Hansard but when you quoted from a source and based on that you asked an Hon Minister to respond to the quotation that you made, on this, it would not just be a matter of quoting anyhow.
    We must be specific just to direct the Hon Minister to advert his mind to when or where a statement was made and to answer appropriately and that is what I was referring to.
    Mr David T. Assumeng 2:30 p.m.
    Mr Speaker, may I have your permission to ask a supplementary question while they --
    Mr Second Deputy Speaker 2:30 p.m.
    Yes, you have my permission.
    MrAssumeng 2:30 p.m.
    Thank you. Mr Speaker, I would like to know from the Hon Minister, in implementing a policy, one needs to be visible in all the 216 districts. I am not very sure that the National Youth Authority can now be found in all the 216 Districts. How do they intend to implement this policy in all the Districts?
    Maj. (Dr) (Alhaji) Ahmed (retd): Mr Speaker, first and foremost, part of the plan is to have the Regional Implementation Committees in place, followed by the District Implementation Committees. We want to start with a District where we have presence and then to liaise with the new Districts where we do not have presence yet to see if we could have focal persons to address matters concerning the youth on behalf of the Authority.
    Mr Owusu-Amankwah 2:30 p.m.
    Mr Speaker, respectfully, I would like to continue with the second question.
    Mr Owusu-Amankwah 2:30 p.m.
    Mr Speaker, I would like to ask the Hon Minister for Youth and Sports when the President would reconstitute the governing Board of the National Youth Authority per the Act --
    Mr Second Deputy Speaker 2:30 p.m.
    You have moved to Question number 442?
    Mr Owusu-Amankwah 2:30 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 2:30 p.m.
    No, please.
    Mr Owusu-Amankwah 2:30 p.m.
    We have not exhausted Question 441?
    Mr Second Deputy Speaker 2:30 p.m.
    No, you have but other Members have some questions.
    Mr Owusu-Amankwah 2:30 p.m.
    All right.
    Mr Second Deputy Speaker 2:30 p.m.
    When you said the second question, I thought that you meant the second supplementary question. Hon Member for Nsawam- Adoagyiri?
    Mr Frank Annoh-Dompreh 2:30 p.m.
    Mr Speaker, I wish to know from the Hon Minister as he captured in his Answer on the National Youth Authority that they are in the process of forming Regional Working Committees.
    My question to the Hon Minister is this; what is militating against his Ministry from forming full-fledged regional bodies other than committees because the youth of this country want to see some action and we have overly based our answers on committees. What is his Ministry doing to ensure that we have full-fledged regional branches of the National Youth Authority?
    Maj (Dr) (Alhaji) Ahmed (retd): Mr Speaker, the regions have full representa- tion of the National Youth Authority. What I am referring to is the implementation of the Youth Authority. The Implementation and Oversight Committees are supposed to ensure that these plans that we have outlined in the document are followed. That is what I mean.
    Mr Second Deputy Speaker 2:30 p.m.
    Hon Collins Owusu-Amankwah, Hon Member for Manhyia North, Question number 442.
    Reconstitution of Governing Board National Youth Authority
    Q. 442. Mr Collins Owusu-Amankwah asked the Minister for Youth and Sports when the President would reconstitute the governing board of the National Youth Authority per the Act of 1974 (NRCD 241).
    Mr Agbesi 2:30 p.m.
    Mr Speaker, if my Hon Colleague moves to the next Question, it presupposes that the question that he asked the Hon Minister which brought about the seeming controversy has been withdrawn and I would like him to say so, so that it could be captured as such. This is because he asked a question and he was challenged to state the page of the State of the Nation Address. A copy was
    given to him and he has not yet come to it and he has jumped to the next Question. So, I would like the records to be straightened out.
    Mr Second Deputy Speaker 2:30 p.m.
    I inquired about the copy that was given to him and the Clerks-at-the-Table advised me that it was the 2015 State of the Nation Address and he was referring to the 2014 State of the Nation Address. We do not want to spend eternity waiting for the 2014 State of the Nation Address to come and that is why I said that I would now move to the next Question. By necessary implication he has withdrawn it, so we have moved to the next Question now. So, please, answer the Question Hon Minister for Youth and Sports.
    Maj. (Dr) (Alhaji) Ahmed (retd): Mr Speaker,His Excellency the President acknowledges the expiry of the Governing Board of the National Youth Authority and has, in a letter to the Ministry, requested to be furnished with details of proposed nominees for his consideration. The proposed list as per NRCD 241 of 1974 establishing the National Youth Authority has just been completed and is ready for submission to the Presidency.
    Mr Owusu-Amankwah 2:40 p.m.
    Mr Speaker, if the Governing Board has not been reconstituted, then on what bases could the Ministry put in place a National Implementation and Oversight Committee? Which body would the Committee report to, since the Committee cannot report directly to the Ministry of Youth and Sports but the Governing Board?
    Maj. Alhaji Dr Ahmed (rtd): Mr Speaker, the Committee, whose term of office is about to end was asked to stay as an oversight Board and given certain
    Mr Owusu-Amankwah 2:40 p.m.
    Mr Speaker, I find it difficult to appreciate the position that His Excellency the President acknowledged the expiry of the Governing Board of the National Youth Authority (NYA) and has in a letter to the Ministry requested to be furnished with the details of the proposed nominee for his consideration.
    Mr Speaker, for more than two years, His Excellency, President John Dramani Mahama has failed to put such a critical Board in place --
    Mr Owusu-Amankwah 2:40 p.m.
    Mr Speaker, which to the best of my knowledge is very critical in terms of ensuring the empower- ment of the young people of this country. So, this impressionistic attempt to create a scenario that the National Democratic Congress (NDC) Government is a caring one, Mr Speaker, I beg to differ --
    Mr Owusu-Amankwah 2:40 p.m.
    My question is very simple. Mr Speaker, I have no doubt that the Governing Board of the NYA has a key mandate to ensure the empowerment of the youth of this country. So, we cannot accept a situation where even though His Excellency the President has -- [Interruption] -- or does he not understand the question? This is a simple question.
    Mr Speaker, I would want the Hon Minister to justify the action of the President for failing to put such a very critical Board in place to ensure the welfare of the young people in this country.
    Maj. (Alhaji) (Dr) Ahmed (retd): Mr Speaker, the Board is in an acting capacity and still works with the Chief Executive Officer and reports to the Ministry. Once a new Board is reconstituted and sworn in, then the acting Board would cease working. So, the Board is still acting and working in line with the terms and conditions of the Board of the NYA.
    Mr Owusu-Amankwah 2:40 p.m.
    Mr Speaker, I am surprised to hear from the Hon Minister that His Excellency the President has put in place an acting Board. Which acting Board is he referring to?
    Mr Speaker, in any case, for His Excellency the President --
    Mr Second Deputy Speaker 2:40 p.m.
    Hon Member, your question?
    Mr Owusu-Amankwah 2:40 p.m.
    Mr Speaker, which acting board is he referring to?
    Maj. Alhaji (Dr) Ahmed (retd): Mr Speaker, in December, 2013, the President asked Boards to continue to act until new Boards are reconstituted. So, the Board has been acting to-date. Once the new Board is sworn in, then the old Board --
    Mr Second Deputy Speaker 2:40 p.m.
    Hon Owusu-Amankwah, I think you have asked your three supplementary questions.
    Hon Freda Prempeh?
    Sorry, before Hon Freda Prempeh, Hon Member for, is it Shai- Osudoku?
    Mr David Tetteh Assumeng 2:40 p.m.
    Yes, Mr Speaker.
    Mr Speaker, can the Hon Minister tell this House what went into the thinking of selecting the new Board Members? This is because in my view must get members who can transform the National Youth Authority. I know very well that in offices
    of the NYA, there are 1,930 typewriters in the offices and so, we need a Board that can transform the NYA into a modern office. So, what can he tell us went into the thinking of selecting the Board Members?
    Maj (Alhaji) (Dr) Ahmed (retd): Mr Speaker, the composition of the Board is defined in accordance with the NRCD Law that sets-up the NYA; The Board is made up of ten members of the public, there is a Board Chairman and a deputy, all appointed by the President plus institutional representations from the NYA itself, represented by the Chief Executive Officer, a representative from the National Union of Ghana Students, representative from the Ministry of Youth and Sports as well as representatives from Ministries of Education, Employment and Labour Relations, Gender, Children and Social Protections.
    Mr Speaker, this is how the Board is composed.
    Mr Second Deputy Speaker 2:40 p.m.
    Hon Freda Prempeh?
    Ms Freda Prempeh 2:40 p.m.
    Mr Speaker, the Hon Minister, in his Answer, if you would permit me to read, said:
    “…..The proposed list as per NRCD 241 of 1974 establishing the National Youth Authority has just been completed and is ready for submission to the Presidency.”
    Mr Speaker, I would want to find out from the Hon Minister when that particular list was completed and when the Ministry intends to forward it to the Presidency for consideration?
    Maj. (Alhaji) (Dr) Ahmed (retd): Mr Speaker, the list has already been submitted and approval has been granted. At the time we submitted this Answer, we had not received approval and it is not captured here. But approval has come and the new list would be announced shortly.
    Mr Second Deputy Speaker 2:50 p.m.
    Hon Minister, if there are further developments subsequent to your Answer, you did not bring it to our attention until the question was asked. This is because your Answer, as it is, is inaccurate in a sense because it has been overcome by the turn of events and you did not bring it to our attention. You need to amend your Answer.

    Maj. (Dr) (Alhaji) Ahmed (retd): Mr Speaker, following your instructions, I decided that I would not make an oral application.
    Mr Second Deputy Speaker 2:50 p.m.
    So, you were listening carefully?
    I think for the records, where new facts have emerged after a Question had been submitted, you can, as it were, bring these new facts to the attention of the House. But, in the case where the facts were available to you at the time you were answering the Question, then we find it difficult to permit you, as it were, to produce these facts that are within your knowledge. But, this is an exception to that rule.
    You answered a Question, it is printed, new facts have developed so the Answer is inadequate. So would you please, bring it to our attention that, subsequent to this Question as being answered, “X”, “Y” or “Z” has happened. It is not a strict rule.
    Mr Annoh-Dompreh 2:50 p.m.
    Mr Speaker, the Hon Minister said that a very important letter for the reconstitution of the Board has been sent to the Ministry and I saw him making glances at documents. I do not know where that document is from. Can the Hon Ministry tell us the date on that said letter and the caption on the letter to the Ministry?
    Mr Second Deputy Speaker 2:50 p.m.
    Hon Minister, do you have that information readily available?
    Maj. (Dr) (Alhaji) Ahmed (retd): Mr Speaker, I would need notice to furnish the Hon Member with the answers that he asked for.
    Mr Second Deputy Speaker 2:50 p.m.
    I direct that you furnish it to the House in writing.
    Mr Alexander K. Afenyo-Markin 2:50 p.m.
    Mr Speaker, the Hon Minister, in his Answer, referred to a proposed list and grounded same on NRCD 241 of 1974. My question is, can the Hon Minister tell the House the specific provisions in the law which require that a proposed list of various category of persons be submitted to the President for consideration?
    Maj. (Dr) (Alhaji) Ahmed (retd): Mr Speaker, I would need notice to furnish the Hon Member with the details of the article.
    Mr Second Deputy Speaker 2:50 p.m.
    I have always wondered whether in the House of law you can ask for specific provisions of the law at plenary.
    Hon Minister, you can furnish the House in writing but the law is a public document. Hon Minister, I thought you had an electronic copy? I got the impression that you had an electronic copy.
    Maj. (Dr) (Alhaji) Ahmed (retd): Mr Speaker, I know my Hon Member very well and I know he pays a lot of attention to details and so I want to be able to give him information that is credible. What I have here is not—
    Mr Second Deputy Speaker 2:50 p.m.
    Is a summary?

    Maj. (Dr) (Alhaji) Ahmed (retd): Yes, Mr Speaker.
    Mr Second Deputy Speaker 2:50 p.m.
    I saw you looking at it.
    Markin—rose
    Mr Second Deputy Speaker 2:50 p.m.
    Hon Member, the rule allows for one question.
    Mr Afenyo-Markin 2:50 p.m.
    Mr Speaker, I am not asking a question. I am seeking your guidance. You are a senior at the Bar. As a former Attorney-General, we learnt a lot from you.
    Mr Speaker, this one is for general purpose. Is it the case that in answering a Question, a Minister can refer to the law and without making reference to the specific provisions because, it is not just the law that he is referring to, but the specific provisions that fortifies him. I find it a bit worrying, but I wonder whether the technical advisors of the Ministry, in providing this Answer to the Hon Minister, did not go through with the Hon Minister to enable him know specifically what they were referring to in NRCD 241.
    This is because, obviously, if they had taken the Hon Minister through, it would be much easier to specifically address this. This is a situation where we have a Board which —
    Mr Second Deputy Speaker 2:50 p.m.
    We all know what you have said. You are saying that there is a Board, he has answered it and has given reference to the composition, he must be referring to a section and so why bring the section there. I understand where you are coming from.
    I do not want to give any big pronouncement on that, but I just think that, yes, perhaps, it would be more useful
    for all of us if the actual section is referred to. I was going to say that, since this is House of law, but even in the court of law, we make reference to specific sections and so on and so forth. I have no doubt that per the answer he gave me and by stating the various institutions of representation and so forth, convinced me that the answer was very credible. I have no reason to doubt him.
    I think that, subsequently, it would be useful if the actual sections are also stated so that these questions do not arise.
    Thank you very much Hon Minister, and you are discharged.
    Mr Annoh-Dompreh — rose —
    Mr Second Deputy Speaker 2:50 p.m.
    Hon Member for Nsawam-Adoagyiri, you cannot ask two questions.
    Mr Annoh-Dompreh 2:50 p.m.
    Mr Speaker, it is not a question.
    Mr Second Deputy Speaker 2:50 p.m.
    What is it?
    Mr Annoh-Dompreh 2:50 p.m.
    Mr Speaker, you have directed that the Hon Minister should provide to the House, dates and caption of the letters. I would have wished that you had given him timelines; two weeks, one month, to report back to the House.
    Mr Second Deputy Speaker 2:50 p.m.
    The Hon Minister would not report back to the House; he would supply it in writing. That is the practice. I am guided by what was done in respect of the Hon Minister for Transport. He would not report back to the House. He would write to the Clerk and it would be made available.
    I saw the Hon Dr Owusu Afriyie Akoto on his feet.
    Dr Owusu Afriyie Akoto 2:50 p.m.
    Mr Speaker, mine is not to do with the controversy on the floor at the moment. It has to do with my own matter on a Question I raised two months ago under Certificate of Urgency and it has been listed here as the first item, but there is no written Answer to it.
    We have been sitting here with my Hon Colleagues waiting for the opportunity for the Question to be answered. I do not see the Hon Minister for Finance or his Deputy around and I just wonder what has happened to this Question.
    Mr Second Deputy Speaker 2:50 p.m.
    The Question will be repeated for tomorrow as well. The Clerks-at-the-Table will get in touch with the Hon Minister and inform him of this development. I also noticed that there was nothing here.
    Dr Akoto 2:50 p.m.
    Mr Speaker, this is a very important Question. It goes to the heart of the economy of this country, so I am grateful for the arrangement that you have made and I hope we can deal with this matter as soon as possible.
    Mr Afenyo-Markin 3 p.m.
    Mr Speaker, I was going to seek your guidance on a matter but because you have discharged the Minister for Youth and Sports, I do not know whether it will still please you for me to ask?
    Mr Afenyo-Markin 3 p.m.
    Mr Speaker, there was this issue of an acting Board and I was wondering whether the law allowed that to be done. But since the Minister for Youth and Sports is no more here, you can advise on the status concerning how it could be done.
    Mr Second Deputy Speaker 3 p.m.
    No! No! I would not advise.

    Hon Member, you know how to bring this matter up again in the House.
    Mr Afenyo-Markin 3 p.m.
    I take a cue from it, Mr Speaker.
    Mr Second Deputy Speaker 3 p.m.
    Hon Afenyo-Markin, are you a Member of the Committee on Youth and Sports?
    Mr Afenyo-Markin 3 p.m.
    Mr Speaker, no.
    Some three weeks ago, the Hon Majority Leader came up with this phrase of “reckless heckling” which seeks to disturb Hon Members when they are on their feet. And I would plead with my Hon Member, I have forgotten his name, you can heckle me but you should not take it to the state where the Hon Majority Leader referred to same as “reckless heckling”.
    Mr Second Deputy Speaker 3 p.m.
    I am glad you have forgotten his name so that it would not be on the records.
    Thank you.
    Hon Afenyo-Markin, - all right, I would not say anything.
    Hon Deputy Majority Leader, what do we take?
    Mr Agbesi 3 p.m.
    Mr Speaker, a word was used by my Hon Colleague. He used the word recklessly -- Mr Speaker, it is very unfair to the Hon Majority Leader for my Hon Colleague to use that phrase on him when he is not even here.
    Mr Second Deputy Speaker 3 p.m.
    He did not use the word on him, Hon Agbesi. He said that three weeks ago, the Majority Leader said that there was heckling and there was reckless heckling and that people should not engage in reckless heckling. He said that his Hon Colleague,
    rose
    Mr Second Deputy Speaker 3 p.m.
    Hon Woyome?
    Mr Agbesi 3 p.m.
    Mr Speaker, I did not hear --
    Mr Second Deputy Speaker 3 p.m.
    Hon Woyome is standing and I would want to recognise him. [Interruption]
    The person who said what he just said has also veered into the category of reckless heckling; I have not mentioned any name.
    Hon Agbesi, let sleeping dogs lie.
    Mr Agbesi 3 p.m.
    Mr Speaker, I think item number 9, cannot go on today and same with item number 10. So we have come to the end of proceedings for the day.
    Mr Second Deputy Speaker 3 p.m.
    Thank you very much.
    ADJOURNMENT 3 p.m.