Debates of 2 Jul 2015

MR SPEAKER
PRAYERS 10:15 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:15 a.m.
Mr Speaker 10:15 a.m.
Hon Members, Correction of Votes and Proceedings of Tuesday, 30th June, 2015.
Any corrections?
  • [No correction was made to the Votes and Proceedings of Tuesday, 30th June, 2015.]
    • Mr Speaker 10:15 a.m.
    Hon Members, I have had some discussions with the Leadership this morning in my Lobby and we would like to vary the Order of Business. So, we would take Statements and after that we would take one or two items under Public Business and go back to Questions.
    So, we would start with an Urgent Statement standing in the name of the Hon Member for Shama.
    STATEMENTS 10:15 a.m.
    Mr Gabriel Kodwo Essilfie (NDC -- Shama) 10:15 a.m.
    Thank you, Mr Speaker, for giving me the opportunity to make a Statement on the outbreak of the Avian Influenza (Bird Flu) in the country and the urgency for prompt intervention by government.
    Mr Speaker 10:25 a.m.
    Yes, Hon Member, and then Hon Deputy Minister for Food and Agriculture.
    Mr William A. Quaittoo (NPP -- Akim Oda) 10:25 a.m.
    Mr Speaker, I would like to add my voice to the Statement ably made by the Hon Chairman of the Committee on Food, Agriculture and Cocoa Affairs.
    Mr Speaker, it looks like we are seriously joking with this disease which is more or less going to kill the poultry industry in Ghana.
    Mr Speaker, it is said that the first outbreak of the disease was identified in the Greater Accra Region, but then the first report was found in Nigeria. It does not mean that, maybe, from Nigeria, we could have identified the disease at the borders of this country. What it means is that, maybe, somebody went to Nigeria, and came to Accra and that is why the disease was first identified in Accra.
    From within Accra, it can travel to any place because the disease is such that when you step onto the farm where the disease is found, and you travel with any particular particle; water, solid or whatever to another farm where we do not have this disease, the disease could be transmitted to that farm.
    Our agricultural agents in the Veterinary Services Department are supposed to be going round to check on every farm to see whether we have this incidence of the disease over there. But they themselves are not well resourced; they do not have the equipment and the gadgets to do this. Therefore, just like the case of the Ebola Virus Disease pandemic, they are afraid to even go out to do this.
    So, if the Veterinary Services Depart- ment and those who are supposed to go out to find whether these diseases are present somewhere, for them to be able to prevent them are afraid to go out, then I do not know what Ghana is doing about it.
    When we spoke to the Ministry as a Committee, the major challenge they mentioned was that they are waiting for the Government to resource them before they go out. They cannot go out and fight this disease with their bare hands, without any equipment.
    Mr Speaker, that is very dangerous. So, are we waiting for the disease to be transmitted to human beings before we begin to act? It is a serious situation, and I would therefore plead with you to, as a matter of urgency, issue a statement to the Government on this issue because when it begins to affect human beings, the rate at which we are going to lose lives would be very serious.
    Therefore, as a House, let us talk to the powers that be to expedite action on
    Dr Hanna L. Bisiw (NDC -- Tano South 10:25 a.m.
    Mr Speaker, I rise to add my voice to the Statement on the floor concerning the bird flu.
    Mr Speaker, as it was said in the Statement, somewhere in December 2014, we started getting reports of the outbreak of the H5N1, that is the Bird Flu in the sub region. It started from Nigeria, and it has practically gone round all the countries round us.
    Ghana as a country did raise our surveillance and put a ban on any form of imports or transportation of any bird, be it poultry, guinea fowl, duck, turkey, or any form of poultry equipment from some of these affected countries.
    Mr Speaker, but somehow, in May, we got a report but surprisingly, not from our border town, but from the Greater Accra Region which confirmed that the H5N1 was active in our country.
    We moved in to do what was necessary. All the birds were killed, disinfections were made, things that were supposed to be burnt were burnt and the farms were put under quarantine. But eventually we had new outbreaks in the Volta Region and we quickly moved in to do same. Then we had new outbreaks in Obuasi in the Ashanti Region and we had to move in to do same.
    It is also good to know, Mr Speaker, that these farms had no biosecurity systems in place. The H5N1 is a zoonotic disease, which means that it could move from the birds to human beings. But a human being would need a prolonged exposure with the affected birds before he or she could also get contaminated or
    infected with the virus. So, we need to also protect our officers who would have to go to the fields to work.
    As we speak, the reagents that we have in our laboratories are from 2007 and currently, we have run out of reagents to do any further tests on the birds that we may be receiving from the various farms.
    We are ready as a Ministry to move to the field and the surveillance is still on. But to go to do further inspection and surveillance, we also need some amount of funds. We have not received any new cases yet apart from the one in Obuasi which has been put under control and quarantine.
    Mr Speaker, but it does not also mean that we would not be having new outbreaks. What we are suspecting is that some farmers may be reluctant to come forward to report cases of sudden death and strange behaviours in their birds because of the fear that these birds would be destroyed. Even though we have spoken about compensation, they are not too sure what is happening. So, if we are not careful we may be tempted to think that it is not growing, but by the time we realise it may engulf us like wild fire.
    So, I am adding my voice to that of the Hon Chairman of the Committee on Food, Agriculture and Cocoa Affairs, to also appeal, as my Hon Minister has written to the Ministry of Finance for the release of funds for us to solve this emergency situation, taking into consideration that the bird flu disease causes a lot of economic lose to every country.
    Any farm, Mr Speaker, that is affected with the virus would have to be out of operation for the next six months before we could introduce new birds, wait for the incubation period and take these birds to
    the laboratory to confirm whether we have cleared that farm of the bird flu disease. So, the economic loses to the farmers and the unemployment alone that it would create is massive.
    Apart from that, our officers who are going to the field to kill these birds and to do the disinfection do not have the protective garments to use. So, they would be at risk. With them being at risk, if they get infected, it would mean that they are also going to pass it on to other people.
    So, this is a matter of urgency. We are adding our voices to the Hon Chairman of the Select Committee so that the Ministry of Finance would also see it as an emergency, and we do not have to wait to get human casualties. We should know that when people lose their birds and millions of Ghana cedis, that alone can even lead them to their early graves. This is because some of them might get hypertension and what have you.
    So, Mr Speaker, with these few words, I support the Statement on the floor and thank you, Mr Speaker, for the opportunity.
    Dr Sagre Bambangi (NPP--Walewale) 10:35 a.m.
    Mr Speaker, I would like to contribute to the Statement ably made by the Hon Chairman of the Committee on Food, Agriculture and Cocoa Affairs.
    Mr Speaker, it is really sad to note that the Ministry of Food and Agriculture has been battling with the problem of Bird Flu for some time now, and yet they have not received the expected attention from the Government.
    Mr Speaker 10:35 a.m.
    Last comment, Hon Member.
    Mr Yaw F. Addo (NPP --Manso- Adubia) 10:35 a.m.
    Thank you, Mr Speaker, for the opportunity to add my voice to this Statement ably made by the Chairman of the Committee on Food, Agriculture and Cocoa Affairs.
    Mr Speaker, to say that Ghana is sitting on a time bomb as far as this outbreak is concerned, is an understatement. There are several small farms spread all around the country. The statistics given by the Hon Member who made the Statement, looked at only the large farms. The small and medium farms spread all around the country are not even tackled at all. So, I am just imagining what would happen if this disease spreads across the country.
    As the Hon Deputy Minister indicated, there have been outbreaks in other parts of this country.
    Mr Speaker 10:35 a.m.
    Hon Members, that brings us --
    Yes, Hon Minority Leader, do you want to make a comment on the Statement?
    Mr Osei Kyei-Mensah-Bonsu (NPP -- Suame) 10:35 a.m.
    Mr Speaker, I also rise to comment on the Statement made by the Chairman of the Committee on Food, Agriculture and Cocoa Affairs.
    Mr Speaker, we are informed that the bird flu was reported in December, 2014. Before then, there had been some hushed voices relating to it way back in October last year. The case got reported in December, 2014.
    Mr Speaker, I make this point because we are being told that the Veterinary Division of the Ministry of Food and Agriculture cannot really attend to it. This is because there is no Budget line for it and that is most disturbing, especially when it came to the fore, that the disease was hibernating somewhere. So, I am worried that, though we had this register on our radar we did not make any provision for it.
    Mr Speaker, even if there is no provision for it, we have now established a Contingency Fund and there should be some money sitting in the Contingency Fund. The Committee on Finance is charged by -- [Interruption] -- Mr Speaker, I believe you are worried about whether or not we have established a Contingency Fund.
    Mr Speaker 10:35 a.m.
    Absolutely.
    Mr Kyei-Mensah-Bonsu 10:35 a.m.
    Mr Speaker, you remember in passing the Petroleum Revenue Management Act, we said to ourselves -- [Interruption] -- Mr Speaker, could you tell the Hon Colleague that he is disturbing the entire House.
    Mr Speaker, we used it to establish the Contingency Fund and I do not know whether we would want to formalise it because there is a clear provision that, some amount should go into the Contingency Fund, and I thought that, by the passage of the Act, we have done the turnaround and we also made provision in the Budget for it.
    I do not know whether or not we should go forward to formalise it by another Act. Otherwise my understanding is that, by what we did, we have established it and as I was saying, the Committee on Finance is the only Committee charged by our orders in respect of Standing Order 170 (1) which provides and with your kind permission I beg to quote:
    “Whenever the Committee on Finance is satisfied that there has arisen an urgent or unforeseen need for expenditure for which no other provision exists it shall authorise advances from the Contingency Fund to meet the need and report to Parliament”.
    So, Mr Speaker, there is an avenue for us to address this even if there is no Budget line for it as far as the Ministry of Food and Agriculture is concerned. There is an avenue open to us. So, I think if the Ministry of Food and Agriculture is lamenting that there is no allocation or budget line which I find rather unfortunate, given the fact, that the disease registered on our radar in the last quarter of last year. It is unforgiveable if we are not able to address this, notwithstanding, we can still resort to this platform to address it immediately.
    Mr Speaker, we are told that our veterinary officers do lack logistics and if I heard the Deputy Minister correctly, she seems to be telling us that-- did she say the vaccines or drugs for it were procured in 2007?
    Dr Bissiw 10:35 a.m.
    Mr Speaker, I said, the reagent and the laboratories that would help us detect whether the bird died from bird flu or some other disease was procured in 2007, when we had the outbreak in 2007; that was the leftover that was used.
    Mr Speaker,thank you very much.
    Mr Kyei-Mensah-Bonsu 10:45 a.m.
    So, how many years thereafter?[Interruption.] Seven years thereafter and no such effort is made because --
    Mr Speaker 10:45 a.m.
    Hon Minority Leader, let us limit ourselves to bird flu for now -- outbreak of bird flu.
    Mr Kyei-Mensah-Bonsu 10:45 a.m.
    Mr Speaker, it is as a corollary. You do know that it is a corollary, this is because if our local farms were doing so well, we would not be talking about importation from Burkina Faso. Previously, it used to be Darko Farms which was supplying Burkina Faso, la Cote d'Ivoire and even Mali. Today, we have to import from these countries. That is a national tragedy. It tells how far we have cascaded down hill and it is nothing to be enthused about.
    Mr Speaker, I am happy that the Hon Deputy Minister informed the House of the possibility of some farmers being reluctant to report and that would mean that the disease could be festering. I may also want to add that in the effort to detect the potential areas where the disease may be, I think it is important that while we are looking for money, to consider the possibility of recapitalising the farmers who would be losing such huge numbers in their farms.
    I remember in 2007 when it happened, that possibility was undertaken and even in the advanced countries when these things happen, the State Governments in the United States of America and other places, do undertake this. That encourages the farmers to come openly and admit that these things have to be attended to.
    If there is no way of protecting or shoring them up. It would be difficult and for all you know they would slaughter them and pass them on to the market where it is often very difficult to trace and track and monitor birds that are so afflicted.
    Human beings will consume them and if it does happen that way, it may be difficult to protect those human beings who would have consumed these carcasses.
    So, it is important as part of the consideration that the Ministry would be doing, to consider recapitalising or helping the farmers to regenerate their farms. Otherwise, if there is no such motivation, it would be difficult for them to come out openly and admit:”My farm has been so unfortunately afflicted, come and destroy 4,000, -5,000 chicken with no compensation”.
    They will not come because they have reared the chicken at huge cost and in these days, we all do know the cost of the feed to the animals.
    It has risen so high and farmers are struggling to break even. And if it is difficult for them to break even and they want to go and destroy the chickens, of course, they would want to consider the health of the country and that is why you want to do that. But then the farmer also is considering the huge loss to himself -- Monies that have been borrowed from the banks at huge interest -- Two years, three years.
    A person procures maybe, one million Ghana cedis and within three years, he would have to pay more than double the amount and yet, there will not be any chicken to do that.
    Mr Speaker, it is a holistic approach that must be adopted by the Ministry and I believe that in these sordid circum- stances that we find ourselves as a nation, the Finance Committee could collaborate with the Ministry to see the way forward for us as a nation.
    Mr Speaker, I thank you for this opportunity.
    Mr Speaker 10:45 a.m.
    Hon Members, I --
    Mr Alfred K. Agbesi 10:45 a.m.
    -- rose --
    Mr Speaker 10:45 a.m.
    Do you want to contribute?
    Mr Agbesi 10:45 a.m.
    Mr Speaker, just a short one.
    Mr Speaker 10:45 a.m.
    Very well.
    Mr Alfred K. Agbesi (NDC -- Ashaiman) 10:45 a.m.
    Mr Speaker, from the Statement made, it is clear that the Ministry is challenged. If the Ministry is challenged because there is no budgetary allocation for this emergency, I would want to agree with my Hon Colleague, the Hon Minority Leader that your Committee on Finance, has the power to make the necessary arrangements and come before this House with a report that such an amount should be made to cater for this emergency.
    rose
    Dr Speaker 10:45 a.m.
    Hon Member for Old Tafo?
    Dr A. A. Osei 10:45 a.m.
    Mr Speaker, as much as I agree with the Hon Deputy Majority Leader, he said article 170 (1), There is nothing like Standing Order 170 or article 177 (1) -- [Interruption] -- But you said article and that it is in the Constitution. Mr Speaker, there is a difference and so I just wanted to bring your attention to that fact.
    In the Constitution, it also tells us that this applies whenever the Committee is satisfied. If no request has been brought to the Committee, how is the Committee supposed to know? So, he may want to go further and ask the Speaker to so direct, then it would be appropriate. But he should check the Standing Order.
    Mr Agbesi 10:45 a.m.
    Mr Speaker, I think when I mentioned it first, I made the correction. I said under Order 170 (1) and with your permission, Mr Speaker, I beg to read:
    “Whenever the Committee on Finance is satisfied that there has arisen an urgent or unforeseen need for expenditure for which no other provision exists, it shall authorise advances from the Contingency Fund to meet the need and report to Parliament.”
    Under this, I am urging Mr Speaker to direct the Finance Committee to do so, to take care of this emerging situation, because poultry is so important to our community -- Our food system -- And if this is not taken care of immediately, fear and panic would be introduced into the system and people would shy away from taking poultry, particularly eggs et cetera.
    Mr Speaker, I so invite you to make that direction to the Finance Committee.
    Mr Speaker 10:55 a.m.
    Hon Members, I would want to state for the records that the Statement by the Hon Member for Shama, who is also the Hon Chairman of the Committee on Food, Agriculture and Cocoa Affairs, to the effect that the outbreak was not anticipated and therefore, there was no provision for it in the 2015 Budget, is an unfortunate statement. The Constitution as the fundamental law of the land has made provision to deal this type of situation, and therefore within it is no excuse at all.
    I would want to put that clearly on record, that the provisions in the Constitution to deal with situations where we do not anticipate anything and those things happened, there is provision in the Constitution to deal with that matter. There is no excuse.
    Mr Kyei-Mensah-Bonsu 10:55 a.m.
    Mr Speaker, with respect, given the centrality of the Finance Committee in this regard, would it not be appropriate if you make a joint referral so that they would not have to submit their Report to us, before, on the strength of that, we task the Finance Committee to perhaps collaborate with the Ministry of Finance to do whatever?
    Mr Speaker, I would believe that it be done ab initio, it would take --
    Mr Speaker 10:55 a.m.
    Yes, I have considered that factor. As you are aware, my attention has been drawn to Standing Order 170 (1) and if you look at it, it makes reference to the Contingency Fund.But as to whether the Contingency Fund has been established, I am not too sure of that. This is because, if it has been established, I should be one of the people who should be informed.
    rose
    Mr Speaker 10:55 a.m.
    Yes, Hon Chairman of the Finance Committee?
    Mr Avedzi 10:55 a.m.
    Mr Speaker, I think the issue about the establishment of the
    Contingency Fund is something that we should look at. Yes, the 2015 Budget made provision for GH¢50 million, which this House approved to be paid into the Contingency Fund.
    The issue is, should we establish the Contingency Fund by an Act of Parliament? As of now, if it is going to be established by an Act of Parliament, we have not done anything like that. And if we are not going to establish it by an Act of Parliament, then it is assumed that by the approval of the GH¢50 million in the 2015 Budget, it has been established.
    Mr Speaker 10:55 a.m.
    Hon Member, let me get you right. Are you talking about the Contingency Votes in the Consolidated Fund or the Contingency Fund? I am referring to the Contingency Fund specifically. I do not know whether you are talking about contingency votes. With the GH¢50 million that you are talking about, I do not know whether you are talking about contingency votes.
    Mr Avedzi 10:55 a.m.
    No Mr Speaker, I am talking about the Contingency Fund and not the contingency votes.
    Mr Speaker 10:55 a.m.
    The GH¢50 million?
    Mr Avedzi 10:55 a.m.
    Yes, the GH¢50 million.
    Mr Speaker 10:55 a.m.
    Yes, let me hear from the Hon Ranking Member of the Finance Committee.
    Dr A. A. Osei 10:55 a.m.
    Mr Speaker, there should not be any doubt about the fact that it should have been established.
    Mr Speaker, why do we say that? We all go by the Constitution and with your permission, let me read article 177(1):
    “There shall be paid into the Contingency Fund moneys voted for the purpose by Parliament...”
    Parliament has already voted that money, and so it is thereby established. If the Minister for Finance has not put the money there, we should query him. But going back to the Constitution, it says, “moneys voted for”. We have already done the voting. What else is needed? I have no doubt that we do not need a new Act to establish it. This is because it says “voted”. It did not say by an Act.
    Mr Speaker 10:55 a.m.
    Yes?
    Mr Kyei-Mensah-Bonsu 10:55 a.m.
    Mr Speaker, the article l75 of the Constitution provides:
    “The public funds of Ghana shall be the Consolidated Fund, the Contingency Fund and such other public funds as may be established by or under the authority of an Act of Parliament.”
    Now, the difficulty is whether or not the Consolidated Fund was established by an Act of Parliament, or whether by the language of article 175 of the Constitution, it is deemed established by the Constitution. If it is deemed established by the Constitution, then by extension of reasoning, the Contingency Fund would also have been established by the Constitution.
    Others are of the opinion that the leg which provides such other public funds as may be established by or under the authority of an Act of Parliament extends to both the Consolidated Fund and the Contingency Fund.If we have not established the Consolidated Fund by an Act of Parliament, what have we been doing all this while?
    Mr Speaker 10:55 a.m.
    Hon Members, this matter is clear. I do not think we need an Act of
    Parliament to establish it. It is a straight forward matter, and we do not need an Act of Parliament to --
    In any case, the amount of money that we voted is also captured in the Appropriation Act, which is also an Act of Parliament. Therefore, in my view, if it is true that we have voted GH¢50 million, there is absolutely a Contingency Fund.
    Hon Members, issues of financial challenges is what we are being told on the floor of the House. We do not know whether that is the true position. The Committee on Food, Agriculture and Cocoa Affairs would come back and tell us whether that is the real situation. If that is the real situation, then at that stage, we bring the Committee on Finance into the picture.
    For now, let the Committee on Food, Agriculture and Cocoa Affairs go and confirm by talking to the stakeholders and when they come to confirm on the floor of the House that is the real situation, then we would bring the Finance Committee into the picture at that stage.
    This is what the Hon Chairman of the Committee is telling us, but we do not know whether that is the true position. When they come back with their report to confirm that position, at that stage, we would then invoke the necessary rules of the House and then t r igger the necessary --
    Let us take it one by one, and that is why I have given them one week. I believe that they should be able to bring their report by next week, then we would take it up from there.
    Yes, Hon Ranking Member for the Committee on Food, Agriculture and Cocoa Affairs?
    Dr Owusu A. Akoto 10:55 a.m.
    Mr Speaker, given the urgency of the matter, I think one week is too long. As a Committee, in a few days, they should be able to liaise with the Ministry of Food and Agriculture to determine the parameters and then come back to report to you.
    This is because, every day that we are losing, the danger is rising for the poultry industry in the country, and there must be urgent measures to ameliorate the situation.
    Mr Speaker 10:55 a.m.
    Yes, Chairman of the Committee on Food, Agriculture and Cocoa Affairs?
    Mr Essilfie 11:05 a.m.
    Mr Speaker, prior to making this Statement, I had a meeting with the Hon Minister for Food and Agriculture and the discussions that I had with him -- Indeed, my Statement on financial challenges is the truth. This is because --
    Mr Speaker 11:05 a.m.
    Hon Chairman, I said one at a time for very good reasons. That is verbal. Hon Chairman, that conversation is a verbal conversation. You have nothing to prove it. When the Committee goes and brings the report, it would be confirmed.
    Mr Essilfie 11:05 a.m.
    Mr Speaker, I have taken a cue and the one week is fine with us.
    Mr Speaker 11:05 a.m.
    Yes, Hon Member?
    Dr A. A. Osei 11:05 a.m.
    Mr Speaker, it appears what the Hon Chairman said is true, by tomorrow they can have the report. If they have actually had the conversation and the Hon Minister has confirmed it, they should be able to deliver the report tomorrow.
    Mr Speaker 11:05 a.m.
    Let me get the sense of the Leaders. I suggested one week but the suggestion now is that the one week is rather too long.
    Yes, Hon Deputy Majority Leader?
    Mr Agbesi 11:05 a.m.
    Mr Speaker, since it is an emergency, I think a short period like Tuesday, next week would be appropriate.
    Mr Speaker 11:05 a.m.
    Hon Members, take into account that today is Thursday and tomorrow is Friday, then the weekend. So how many days do you suggest? When should they submit their report to the House?
    Hon Deputy Majority Leader?
    Mr Agbesi 11:05 a.m.
    On Tuesday, they should be able to report to the House.
    Mr Speaker 11:05 a.m.
    Before I come to the Hon Minority Leader, let me hear from the other Deputy Minister for Food and Agriculture.
    Dr Ahmed Y. Alhassan 11:05 a.m.
    Mr Speaker, it is true that it is an urgent issue. But I do believe that the Ministry itself has been working with other Government agencies -- Ministry of Finance and Flagstaff House on this subject. So the Committee would have to talk to a number of people to get the reliable information that the House needs. So, I believe the one week deadline should be appropriate. Next week Thursday should be fine for a report to be brought to the House.
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    Mr Speaker, this is a national emergency. I recognise the contribution of the Hon Deputy Minister but he is in charge of crops. We have a Deputy Minister in charge of livestock and I should think that is inclusive of birds. And the birds include migratory birds. [Laughter.]
    Mr Speaker, so I believe the Hon Deputy Minister is assuring us that Tuesday would be a reasonable day and they could use the weekend to do the consultations that the other Hon Deputy Minister has referred to. This is because it is a national emergency and we want to conclude this business latest by next week so that we know the way forward. But we hope they would do serious and diligent work. We do not want anybody to take advantage of the current situation and inflate figures. We do not want that.
    Mr Speaker, Hon Bisiw can hear us. So the figures would have to be verified and crosschecked and doubly checked.
    So Mr Speaker, I would want to believe that the Hon Chairman is also an accountant of some standing. I do not know whether he is in good standing but I know he is an accountant of some standing. [Laughter] -- Mr Speaker, so I believe they could take it up from there.
    But having said so, talking about the resort to contingencies and the roles to be played by the central Committee of Parliament --
    Mr Speaker 11:05 a.m.
    Let us deal with this. Do you agree with one week?
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    Mr Speaker, Tuesday but it appears you intend to speculate on what?
    Mr Speaker 11:05 a.m.
    No! It is because the Hon Deputy Majority Leader says that the one week is --
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    No! Mr Speaker, I think the Hon Deputy Minister in charge of poultry agrees with us.
    Mr Speaker 11:05 a.m.
    We are going to have some oversight with the Hon Deputy Minister so he should not tell us the number of days that we need. It is the Ministry that would be under scrutiny by the Committee.
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    Mr Speaker, she concurs with the Hon Deputy Majority Leader 's suggestion that Tuesday --
    Mr Speaker 11:05 a.m.
    I would want a good job to be done also and as you rightly pointed out; they must do good work. They are not only going to speak to Ministries; they must also speak to the stakeholders.
    The compromised position is that, by Wednesday, which is almost a week, the report must be presented to the House.
    Yes, Hon Member?
    Dr Bisiw 11:05 a.m.
    Mr Speaker, thank you for the opportunity. I wanted to say that a lot of consultations have been done already. A lot of work has been done with the Departments and the Ministries, with Ministry of Finance and so if you say Wednesday, we would go with your directive. But it is an urgent situation --
    Mr Speaker 11:05 a.m.
    Hon Deputy Minister, I do not expect the Committee of this House to just go and you hand over your reports or the work you have done for them to adopt. They are going to bring their independent report to this House, irrespective of your consultations. At best your consultation would be a guide.
    Dr Bisiw 11:05 a.m.
    Thank you, Mr Speaker, for agreeing to the Wednesday.
    Mr Speaker 11:05 a.m.
    Very well.
    Hon Members, that brings us to the end of --
    rose
    Mr Speaker 11:05 a.m.
    Hon Minority Leader, you were on your feet. I just wanted to
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    Mr Speaker, I thought you were making a definite pronouncement that it brings us to the end of that Statement. If you make the pronouncement, then I would come in.
    Mr Speaker 11:05 a.m.
    Yes, that brings us to the end of Statements.
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    Mr Speaker, it is a related matter. Now that we are dealing with the resort to the Contingency --
    Mr Speaker 11:05 a.m.
    It is a related matter?
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    Yes, Mr Speaker. It is a related matter.
    Mr Speaker 11:05 a.m.
    But it is not a Statement?
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    No, Mr Speaker.
    Mr Speaker, I am reliably informed that with respect to the demolition exercise at Old Fadama, they were imperilled more or less by what to do. And I thought that, by extension of same reasoning, we could also resort to this to bring some relief to those people at Old Fadama. That is to use the contingency and let the Finance Committee advise us on the way forward. I thought we could have --
    Mr Speaker 11:05 a.m.
    Well, with regard to that, there are reports of some moneys being allocated for the -- Hon Minority Leader, let us not discuss that matter on the floor.
    Mr Kyei-Mensah-Bonsu 11:05 a.m.
    Very well, Mr Speaker.
    Mr Agbesi 11:05 a.m.
    Mr Speaker, the Hon Ministers are in to answer the Questions. Could we go back to the Questions?
    Mr Speaker 11:05 a.m.
    Well, I thought we should move to Public Business and come back to Questions but if you want us to take to the Questions, we could quickly take them.
    Mr Agbesi 11:05 a.m.
    Mr Speaker, we can go according to that.
    Mr Speaker 11:05 a.m.
    We could then take the Questions and then move to Public Business.
    Hon Members, Question Time. We have a number of Questions here involving about three different Ministries. So we would start with the Ministry of Finance, Question number 440.
    Mr Agbesi 11:05 a.m.
    Mr Speaker, the Hon Deputy Minister is in the House on behalf of the Minister for Finance to answer the Questions.
    Mr Speaker 11:05 a.m.
    Where is the Minister?
    Mr Agbesi 11:05 a.m.
    Mr Speaker, today is Thursday and the Minister is --
    Mr Speaker 11:05 a.m.
    Hon Deputy Majority Leader, where is the Minister?
    Hon Deputy Majority Leader, I am only helping you because they would ask about the Minister's whereabouts. That is why I am asking you so that you could inform the House where the Minister is.
    rose
    Mr Agbesi 11:05 a.m.
    Mr Speaker, I have not even opened my mouth and they are all up.
    Mr Speaker 11:15 a.m.
    Please address the Chair. Where is the Hon Minister?
    Mr Agbesi 11:15 a.m.
    Mr Speaker, the Hon Minister is currently engaged -- [Pause.]
    Mr Speaker 11:15 a.m.
    Are you still on your feet? You are on your feet, you are not speaking.
    Mr Agbesi 11:15 a.m.
    Mr Speaker, the Hon Minister is currently at Cabinet Meeting - - [Interruptions]
    Dr A. A. Osei 11:15 a.m.
    Mr Speaker, on my way here I was reading the newspapers, and there it has been advertised that the Hon Minister is supposed to be at a breakfast meeting at Alisa Hotel, to a workshop. The meeting was supposed to close at 10 o'clock; so it was from 07.30 a.m. till 10.00 am.
    Mr Speaker, breakfast meeting.
    Mr Agbesi 11:15 a.m.
    Mr Speaker, this is a serious misinformation to the House. The Hon Minister is not at a breakfast meeting; he is not. That was early in the morning. Currently --
    Mr Speaker 11:15 a.m.
    Hon Deputy Majority Leader, is there a Cabinet meeting today? You should know, you are the Deputy Majority Leader. Do they have a Cabinet meeting today?
    Mr Agbesi 11:15 a.m.
    That is so. There is a Cabinet Meeting going on right now and he is before them - [Interruption.]-- Do they know where the Cabinet meeting is taking place? Why do they want to know?
    Mr Ignatius Baffour Awuah 11:15 a.m.
    Please, Mr Speaker has given me the floor.
    Mr Speaker, even though it is a common practice that when substantive Ministers are not around, we do allow the deputies to stand in for them, of late, the issue of substantive Ministers not attending to the call of Parliament to answer Questions is becoming too much.
    Mr Speaker, I think they are overusing the liberty that we have given them. Therefore, even if we are going to allow the Hon Deputy Minister for Finance to answer the question, I think we should send a strong warning to the Hon Ministers that, subsequently, unless we have a very strong reason to say that there is an unavoidable event and therefore, they cannot make it, they should come here themselves to answer Questions.
    Mr Speaker, some of these Questions border on issues of policies and you would agree with me that our Hon Deputy Ministers do not sit at Cabinet and therefore, they may not be well versed to be able to answer all the Questions which may come up.
    So Mr Speaker, for today, I would have no difficulty with Hon Ato Forson answering the Question. But any subsequent event should not be tolerated.
    Mr Avedzi 11:15 a.m.
    Mr Speaker, I think the point the Hon Member raised is very important, but it is equally important for the Business Committee to take note of scheduling programmes of this nature that involve Hon Ministers on Thursdays, because we know --
    Mr Speaker 11:15 a.m.
    I agree entirely with you that it is important that we take note of the days, for Cabinet Meetings.
    If it is possible, the Business Committee can get a list; maybe apart from Emergency Cabinet Meetings, they can
    Mr Isaac Asiamah 11:15 a.m.
    Mr Speaker, it is becoming clear that because Parliament has been lenient on some Hon Ministers they continuously absent themselves from parliamentary duties.
    Mr Speaker, I think this House needs to act and act well. This House needs to be taken more serious.
    Mr Speaker, the Cabinet meets only Thursdays. I have been here on Tuesdays, Wednesdays and Fridays and we have seen Hon Ministers absenting themselves from the House. It is not only on Thursdays.
    It is becoming so habitual that we need to act and act well. I would urge that we would one day invoke article 82 of the Constitution or Standing Order 106, which talks about votes of censure and removal of Ministers. We need to act on them.
    This House should be able to remove some Hon Ministers from office for non- performance.
    Mr Speaker, why? This is an august House, they take us for granted.
    Mr Speaker 11:15 a.m.
    Hon Member, hold your fire.
    Hon O.B.Amoah?
    Mr Osei Bonsu Amoah 11:15 a.m.
    Thank you, Mr Speaker.
    Mr Speaker, since last week Friday when the Business Statement was read, my Urgent Question had been advertised. Indeed, I was supposed to ask the Hon Minister for Local Government and Rural Development this morning.
    Now, it does not feature on this Order Paper and nobody has told me why it has been removed from the Order Paper --
    Mr Speaker 11:15 a.m.
    Yes, that is a legitimate issue. I have always informed the Table Office that if for any reason a Question has to be removed they should get in touch with the person in whose name the Question stands.
    But removing a Question without informing the person in whose name the Question stands is unfortunate, especially so when that Business Statement has been endorsed by the whole House.
    Hon Deputy Majority Leader, I am aware that the Ministry has written to the Clerk that because of the National Sanitation Day, they would not be in Accra, and therefore they would not be able to attend upon the House to respond to Questions programmed in their names for today.
    The letter was dated 25th June 2015 and received by the Office of the Clerk on the 26th June, 2015. But I have always informed the Clerks-at-the-Table that irrespective of whatever arrangements that have been
    done by the Leaders, they should inform the Hon Members in whose names the Questions stands. If you do that and the Hon Members are in agreement, they would not raise that matter on the floor of the House.
    Mr Agbesi 11:15 a.m.
    Mr Speaker, the Clerk's Office received the letter from the Hon Minister, and the necessary discussions were held between the Clerk's Office and the Hon Member who asked the Question. To the best of my knowledge and my information that is what I have.
    So I am aware that the Hon Member who asked the Question was contacted, in view of the letter --
    Mr Speaker 11:15 a.m.
    You are aware of what?
    Mr Agbesi 11:15 a.m.
    The Hon Member who asked the Question was contacted and the contents of the letter were discussed with him.So I am aware that he would not raise this matter because --
    Mr Speaker 11:15 a.m.
    You thought or you are aware?
    Mr Agbesi 11:15 a.m.
    There has been discussions with him over the rescheduling --
    Mr Speaker 11:15 a.m.
    There have been discussions with whom?
    Mr Agbesi 11:15 a.m.
    Mr Speaker, it was over the rescheduling of the Questions based on the letter from the Ministry and this morning when the Business Committee --
    Mr Speaker 11:15 a.m.
    You mean in a discussion with whom?
    Mr Agbesi 11:15 a.m.
    Mr Speaker, when the letter came and my attention was drawn at the Business Committee meeting this morning that the Hon Minister requested the rescheduling of the Question in view of the sanitation exercise -- and so to the best of my knowledge the Hon Member who asked the Question was contacted and a discussion held with him in view of that letter that was received.
    Mr Speaker 11:25 a.m.
    Hon Member, I have given guidance in this direction. I thought that is what you should take and work with. The Hon Member said he has not been informed.
    rose
    Mr Speaker 11:25 a.m.
    Yes, Hon Deputy Majority Whip?
    Mr Ibrahim Ahmed 11:25 a.m.
    Mr Speaker, as the Hon Deputy Majority Leader said, the letter was before the Business Committee and the clerk to that committee spoke to the Leader on the other side and thought that the Leader would inform --
    Mr Speaker 11:25 a.m.
    Please! Please! The Question is not in the name of the Hon Minority Leader. It is in the name of the Hon Member for Akwapim South, Hon Osei Bonsu Amoah. He is the only person you need to talk to with regard to this matter.
    The letter asked for rescheduling. So, we will try and reschedule him as early as possible to come and respond to an Urgent Question. A Question administered as Urgent should be treated as much as possible as urgent.
    rose
    Mr Speaker 11:25 a.m.
    Yes?
    Mr Awuah 11:25 a.m.
    Mr Speaker, I one hundred per cent agree with your ruling that when such situations occur, the affected Members of Parliament should be informed accordingly.
    Mr Speaker, let me also add that perhaps, the reasons for postponing or rescheduling a particular appointment with Parliament should be, to me, a very strong reason. This is because, Mr Speaker, as the Hon Member said, the Question is an Urgent one. I have not seen it yet. But depending on the urgency of it, if we are going to reschedule it, there must be a very strong compelling reason for the rescheduling.
    Otherwise, Mr Speaker, if for one or two reasons the Hon Minister would not be available, then they will come and ask for excuse. I think there must be some kind of force from Parliament asking Hon Ministers to come and answer Urgent Questions. The Question was admitted because of the urgency of it and rescheduling it reduces the significance of the urgency.
    Mr Speaker, I would want to believe that National Sanitation Day, this is not the first of its kind. We have been having it every month. I would want to believe that coming to answer an Urgent Question, perhaps, is more important than going for the National Sanitation Day.
    Mr Speaker 11:25 a.m.
    Is it possible for the Business Committee to reschedule the Hon Minister to be here on Tuesday next week to respond to the Urgent Question? I know you have met already but get in touch with the Hon Members of the Business Committee, so that the Hon Minister is rescheduled to come and answer the Question on Tuesday.

    Question number 440.

    Hon Deputy Minister for Finance?

    I have been informed that the Hon Minister for Local Government and Rural Development has been programmed by the Business Committee this morning when they met. He will be in the House on Tuesday. So, I have directed the Clerks- at-the-Table that they should add the Urgent Question to his Questions.
    rose
    Mr Speaker 11:25 a.m.
    Yes?
    Mr Osei-Owusu 11:25 a.m.
    Mr Speaker, I noticed that for item number 10 on the Order Paper, the same Hon Minister has been programmed to come and brief the House on the Old Fadama issue today, this morning. I do not know whether --
    Mr Speaker 11:25 a.m.
    Yes, this morning I had the discussion based on this communica- tion from the Ministry of Local Government and Rural Development.
    When I met the Leadership this morning in my Lobby, we agreed that since other Ministers are involved -- it is a committee -- the process should start today. My understanding is that it will start with the Ministry of Environment, Science, Technology and Innovation and the Accra Metropolitan Assembly (AMA). AMA will come today and if there are any outstanding matters, they can then pursue it sometime next week with regard to the Old Fadama issue. That is the understanding we arrived at this morning in my Lobby.
    Hon Deputy Majority Leader, is that not the understanding?
    Mr Agbesi 11:25 a.m.
    Yes, Mr Speaker.
    At the Committee, we intend to take the Hon Minister for Environment, Science, Technology and Innovation and
    officials from the AMA who will be present, except the Hon Minister for Local Government and Rural Development. When it becomes necessary that we should adjourn, awaiting the Hon Minister's presence, we shall do that.
    Mr Awuah 11:25 a.m.
    Mr Speaker, I am sorry I was not at the meeting.
    If we are going to take that of the Hon Minister for Environment, Science, Technology and Innovation, I believe there is no problem with it. But with the AMA, the supervisory Ministry it is the Ministry of Local Government and Rural Development. So, if the supervising Minister --
    Mr Speaker 11:25 a.m.
    Hon Deputy Minority Whip, this is a Committee of the Whole, so we can take the AMA. If they are available and willing to appear before the Committee and respond to questions, they should take them.
    Mr Awuah 11:25 a.m.
    Very well, Mr Speaker.
    Mr Speaker 11:25 a.m.
    I believe that it is on the basis of allowing the AMA to be here that is why we turned it into a Committee of the Whole.
    Hon Member for Kwadaso? Question number 440.
    ORAL ANSWERS TO QUESTIONS 11:25 a.m.
    MINISTRY OF FINANCE 11:25 a.m.
    Dr Akoto 11:25 a.m.
    Mr Speaker, may I register my displeasure and concern that such an important issue as cocoa in this country is answered in one sentence -- [Interruption.]
    Mr Speaker 11:25 a.m.
    Hon Member for Kwadaso, there are no --
    You can ask your supplementary question.
    Dr Akoto 11:25 a.m.
    Mr Speaker, the figure of 614,262 tonnes of cocoa in the major season,is the Hon Deputy aware that this is one of the lowest figures in cocoa production in the last eleven years? If so, he should explain the collapse in production.
    Mr Forson 11:25 a.m.
    Mr Speaker, indeed the Ghana COCOBOD projected to be able to buy more than anticipated.
    Mr Speaker, between the 2014 and 2015 crop season, the cumulative cocoa which has been bought to date stands at 614,262. The cumulative purchase as of mid-May 2015 is below that of the 2014 cocoa season due to the tree fatigue and other environmental factors.
    Mr Speaker, historical production data shows that this is a normal trend. This is because after a successful cocoa season between 2004 and 2005, cocoa yield declined in the next year by 22.97 per cent.
    Mr Speaker, a similar trend was observed during the 2006 to 2007 crop year after a heavy crop in 2005 and 2006 crop year. Total production fell by 20.49 per cent.
    Mr Forson 11:25 a.m.


    Mr Speaker, I beg to say that this is a normal trend in the cocoa industry. Normally, we could record a very good cocoa season but it may fall in the preceding year as indicated.

    Thank you.
    Mr Speaker 11:35 a.m.
    Hon Member, your second supplementary question.
    Dr Akoto 11:35 a.m.
    Mr Speaker, I hold in my hand a memorandum from the Hon Minister for Finance, dated 14th July, 2014, and the title is “Approval on the Terms and Waiver of the Stamp Duty of US$ 1,800,000,000 Receivables-Backed Trade Finance Facility for the Purchase of Cocoa for the 2014/2015 Cocoa Season”.
    Mr Speaker, if we go to paragraph two of that document and with your kind permission, I beg to quote;
    “COCOBOD to borrow an amount of one billion, eight hundred million United States dollars for the purchase of cocoa for the 2014/2015 cocoa season….”
    The loan would be used to purchase an estimated 950,000 tonnes of cocoa beans in the 2014/2015 cocoa season.”

    Mr Speaker, there is a huge difference between 950,000 metric tonnes and less than 700,00 metric tonnes, upon the bases of which this country has gone to borrow US$1.7 billion, which was approved by this House.

    The question to the Hon Deputy Minister is that, are we on course to pay

    the full amount of US$1.7 billion, since it was based on 950,000 tonnes? Or shall we be outstanding on this debt?
    Mr Forson 11:35 a.m.
    Mr Speaker, the total collateralised tonnage has to be used to support the actual loan of US$1.7 billion. Hon Members would recall that Parliament approved a total loan of up to US$1.8 billion but COCOBOD, in going through the syndicated loan accepted US$1.7 billion.
    Mr Speaker, an average price of US$2,800 was used. In doing so, a total tonnage of 624,500 tonnes was used to collateralise the total cocoa receivable. I would like to explain that as at last Friday, 26th June, 2015, the total cocoa purchase stands at 652, 986 tonnes.
    Mr Speaker, this tonnage is far in excess of what we actually used to collateralise the loan that we picked from the syndicated loan. In doing so, I wish to say that we would be in a good position to service the loan as and when it falls due.
    Dr Akoto 11:35 a.m.
    Mr Speaker, I am very surprised at this answer. If we needed 624,500 tonnes, as the Hon Deputy Minister has said, then why did he come to this House to say that we would produce 950,000 tonnes? That is what I do not understand.[Interruptions.]
    Mr Speaker 11:35 a.m.
    Hon Members, let us have order in the Chamber.
    Dr Akoto 11:35 a.m.
    Why did the Hon Minister for Finance come here to request for the corresponding amount of money rather than -- actually, it is US$1.8 billion. The document is here. [Interruptions.]
    Mr Speaker, it is in my hand so why would they come here and give us figures that have no bearing to reality in terms of production and yet they borrow the money, which was far above what we required for our crop? That is the question that I would want to ask.
    Mr Forson 11:35 a.m.
    Mr Speaker, normally, we would come to Parliament with an estimate. In doing so, we are mindful of the fact that the cocoa production actually depends on a number of factors.
    Mr Speaker, in doing so, we go to the market with an idea to collateralise far less than what we would normally project and that is why the total tonnage we used to collateralise the loan stands at 624,500 metric tonnes.
    Mr Speaker, as I said, COCOBOD is on course,and is within the payment schedule. The total payment schedule is from February till August. As we speak, we have been able to service five of the seven installments, and we are very much on course to service the loan as and when they fall due.
    Dr Akoto 11:35 a.m.
    Mr Speaker, there are reports in the global markets -- Reuters and Blumberg -- the concern of international traders about the possibility of Ghana defaulting on this loan for the first time in the twenty five year history of this country's involvement in the international trade finance.
    I would want an assurance from the Hon Deputy Minister, that there would not be a situation where at the end of September -- close of the year, this country would be in default to any chocolate manufacturer or trader. Can the Hon Deputy Minister assure this House?
    Mr Forson 11:35 a.m.
    Mr Speaker, I rise to say that I can assure Hon Members that COCOBOD would be in a position to service those debts, as and when they fall due.
    Mr Joseph Osei-Owusu 11:35 a.m.
    Mr Speaker, from the answer given by the Hon Deputy Minister, he says that the trend is that, immediately after a bumper harvest, there
    is a drop. Going by that and the fact that this House must be given full facts, upon what bases did they calculate 950,000 metric tonnes when they knew from the trends that there is likely to be a drop in the production?
    Mr Forson 11:35 a.m.
    Mr Speaker, these projections normally come from the agronomists -- [Interruptions] as I said early on, we are mindful of the fact that in spite of the projection, we go to the market with limited amount in securing the loan.
    Dr A. A. Osei 11:35 a.m.
    Mr Speaker, this is a very serious matter and we should take it very serious. As we speak, and the Hon Deputy Minister is aware that, on the international market there is a concern about Ghana not being able to deliver on its marketing strategies -- that is the forward sales.
    It is predicted that we would not be able to deliver about 250,000 tonnes because of our estimates. This is likely to roll over to the following year and it has implications for --
    Mr Speaker 11:35 a.m.
    Hon Member, your question.
    Dr A. A. Osei 11:35 a.m.
    Mr Speaker, I am asking the Hon Deputy Minister, how we are going to deliver on this gap of 250,000 tonnes next year, aside from the forward sales that would be coming the following year?
    Mr Forson 11:35 a.m.
    Mr Speaker, I wish to re- state that the total collateralised loan for the purposes of servicing the loan with cocoa -- Mr Speaker, we used a total tonne of 624,500.
    Mr Speaker, as we speak, as at 26th June, 2015, COCOBOD has been able to purchase 652,986 tonnes. I do not know where the 250, 000 tonnes is coming from. I wish to say that we would be in a position to service the loan, using the cocoa we bought up to date.
    Dr A. A. Osei 11:35 a.m.
    Mr Speaker, the Hon Deputy Minister is not getting the question. Servicing the loan is one matter. The forward sales that is used by Cocoa Marketing Company (CMC) was based on the 950, 000 tonnes. I am talking about the forward sales, and not servicing the loan -- there would be a gap.
    Mr Forson 11:35 a.m.
    Mr Speaker, COCOBOD forward sold total tonnage of 624, 500 and not 900, 000. So far, we have been able to buy 652,986 tonnes. So, we would be able to service our obligations as and when they fall due. [Hear! Hear!]
    Mr Speaker 11:35 a.m.
    Hon Members, I would want to move to the next Question.
    Yes, Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, I think the question is not about the sales. The syndicated loan was predicated on an output of 950,000 metric tonnes; we contracted that loan on an assumption that we were going to produce 950,000 tonnes. Mr Speaker, that is what supported the loan. That is what the Ministry came to Parliament with -- the Hon Deputy Minister is shaking his head.
    Mr Speaker 11:45 a.m.
    So what is your question?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Now, the Hon Deputy Minister is talking about actual sales. The question to him is, they syndicated that loan, predicated on an output of 950,000 metric tonnes. Mr Speaker, on what basis did they arrive at the 950,000 tonnes?
    Mr Forson 11:45 a.m.
    Mr Speaker, in arriving at the 900,000 metric tonnes, COCOBOD actually used data coming from the Agronomist in arriving at this.
    Mr Speaker 11:45 a.m.
    Hon Member, please, you have asked a question, I have called the Hon Deputy Minister; you are the Minority Leader, I would give you another chance.
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, it is because --
    Mr Speaker 11:45 a.m.
    Hon Minority Leader, please, you know when to ask a question --
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, this is point of information. The Hon Deputy Minister said that it was predicated on the purchase of the 900,000 tonnes, it was not 900,000 tonnes that they came to this House with. They came to this House with 950,000 metric tonnes. Can the Hon Deputy Minister respond to that?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, because he now said that he came to this House with a request for the purchase of 900,000 metric tonnes which is inaccurate. It is 950,00 metric tonnes; that is the issue I seek to raise so he should revert that and come properly.
    Mr Speaker 11:45 a.m.
    So what is your question?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, he has heard me.
    Mr Speaker 11:45 a.m.
    No, please, I need the question. Hon Minority Leader, I admit the question but if I do not understand the question, I cannot call anyone to answer the question so -- In fact, the Hon Member for Kwadaso has drawn our attention to the memorandum of July, 2014 in which 950,000 metric tonnes have been mentioned. You said that in response, he mentioned 900,000 metric tonnes. So what is your question?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, the question is, first of all, the figure he quoted is inaccurate because they came to this House with 950,000 --
    Mr Speaker 11:45 a.m.
    Hon Minority Leader, what is your question? We now know the facts, what is your question?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    The question is knowing that production of cocoa is not like the purchase price of petroleum products, which would rise or plummet even within one month or even within one day, there is no correlation. I appreciate the point of admission, Mr Speaker, so it should be well grounded.
    The question is, what was the basis of using 950,000 metric tonnes to then proceed to this House to contract the syndicated loan for the purchase of 950,000 metric tonnes?
    Mr Cassiel Forson 11:45 a.m.
    Mr Speaker, we normally come to the floor of the House to seek permission to be able to go to the international syndicated market for the purposes to secure some forward sales agreement and again, to secure some fund to buy the cocoa. Mr Speaker, in doing that, the Agronomist Department of the Ghana Cocoa Board normally comes out with projection. Mr Speaker, in this case, they came out with the total projection of 950,000 metric tonnes.
    Mr Speaker, unfortunately, this could not be met. Mr Speaker, this is not the first time this has ever happened. This has happened in the past as I said earlier and it is normal in the cocoa industry.
    Mr Speaker, we are also mindful of the fact that, these things happen, so in doing that, we only used the total tonnage of 624,500 for the purposes of collateralising for the total amount that we went for the syndication.
    Mr Speaker, as I said earlier, we are in the position to service this loan, we have been able to buy enough to be able to service this Agreement as and when they fall due. Thank you.
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, in collateralising the loan, the Hon Deputy Minister said that they used 624,000 metric tonnes.
    Mr Speaker, the document that I have in my hand, they rather used 850,000 metric tonnes. Mr Speaker, can I submit this document?
    Mr Speaker 11:45 a.m.
    Hon Minority Leader, let us get the records right. The Hon Member for Kwadaso referred to the memorandum, he mentioned the date of the memorandum and all those things but we did not push for further and better particulars. He mentioned 950,000 then he said the Hon Deputy Minister mentioned 900,000. Now, you have mentioned 850,000 so what is the figure we are working with for the records and the Hansard?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    For the Hansard, in coming to this House, they used 950,000 metric tonnes. That is the first leg.The second leg, which he talked to us about, Mr Speaker, the Producer Price Review Committee's Report (PPRC) which they used in calculating the price of cocoa, Mr Speaker, they then scaled it down by 100,000 metric tonnes and used 850,000 metric tonnes. The Report is here; why is the Hon Deputy Minister coming with this figure of 624,000 metric tonnes?
    Mr Forson 11:45 a.m.
    Mr Speaker, for the records, I chaired the PPRC. Mr Speaker, I wish to restate that we did not use the total amount of 800,000 metric tonnes for the cocoa syndication. Total amount that we used for collateralisation was 624,500.
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Is the Hon Deputy Minister denying what is contained in the Report of the Technical Committee? The Report of the Technical Committee of the PPRC, he says he chaired it, is he denying what is contained in this, and that is for 2014/2015.
    Mr Speaker 11:45 a.m.
    Hon Minority Leader, who signed that document?
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, the Report is signed by my very good Friend Dr Stephen Kwabena Opuni, Chief Executive of COCOBOD.
    Mr Speaker 11:45 a.m.
    Hon Member, to be very fair to the Hon Deputy Minister, he can only answer question on documents that he is responsible for.
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, he said he chaired the committee. [Laughter.]
    Mr Speaker 11:45 a.m.
    Hon Deputy Minister, are you aware of this document? Hon Member, you may give him a copy to be fair to him.
    Mr Kyei-Mensah-Bonsu 11:45 a.m.
    Mr Speaker, you asked him a question, he did not speak to the microphone, he sat down there and said no. Let him speak to the microphone.
    Mr Speaker 11:45 a.m.
    Give him a copy of the document, please.
    Mr Forson 11:45 a.m.
    Mr Speaker, the Report the Hon Minority Leader made reference to, I have not even seen it. Mr Speaker, he is holding a Report that I have not seen. So, it would be difficult for me to speak to it because I do not even have a copy.
    Mr Speaker 11:45 a.m.
    Hon Members, to be very fair to the Hon Deputy Minister and to the House. It would not be fair to ask a Member a question on a document that
    he is not the author of and he claims he has not seen. It would not be fair to him.

    Hon Members, that brings us to the end of Question number 440. To be very honest, I did not know that the Hon Minority Leader wanted to pursue the matter further. I always give him the chance to exhaust all his questions because he speaks for the Minority. I did not know that he wanted to ask further questions.

    Hon Members, I would want to place on record that I did not know that the Hon Minority Leader wanted to pursue this matter further. I always give him room because he speaks for the Minority and when he is on his feet, I give him the chance to ask as many questions that he wants to ask. I have also made the pronounce- ment already.

    Question number 459.
    Mr Kyei-Mensah-Bonsu 11:55 a.m.
    Mr Speaker, I would not disagree with your ruling. I would abide by it faithfully, but it is instructive to know that a Deputy Minister, who chairs a Committee, comes here to say that he has not seen the Report of the Committee that he chairs --
    Mr Speaker 11:55 a.m.
    Hon Minority Leader, do not worry. This is a matter we can pursue further, so we should not be worried.
    Hon Members, Question number 459.
    Mr Agbesi 11:55 a.m.
    Mr Speaker, as we have done before, we would want to ask permission for the Hon Deputy Minister
    Mr Speaker 11:55 a.m.
    Hon Members, the Hon Deputy Majority Leader has made an application for the Hon Deputy Minister to answer the Question on behalf of the substantive Minister for Food and Agriculture.
    Mr Kyei-Mensah-Bonsu 11:55 a.m.
    Very well, Mr Speaker.
    Mr Speaker 11:55 a.m.
    Hon Deputy Minister, Question number 459 standing in the name of the Hon Member for Walewale.
    MINISTRY OF FOOD AND 11:55 a.m.
    AGRICULTURE 11:55 a.m.
    Dr Bambangi 11:55 a.m.
    Mr Speaker, I would like to know from the Hon Deputy Minister how much the Ministry owes the suppliers of subsidised fertiliser currently.
    Mr Speaker 11:55 a.m.
    Hon Member, that is not a supplementary question.
    Dr Bambangi 11:55 a.m.
    Mr Speaker, I view it as a supplementary question because I am asking for the state and the Hon Deputy Minister has indicated that the programme --
    Mr Speaker 11:55 a.m.
    Hon Member, unfor- tunately for you, I admit Questions and I rule whether Questions should be admitted or not. Unfortunately, unless you come and sit in my Chair, then you would rule on that matter. Please, ask your question.
    Dr Bambangi 11:55 a.m.
    Mr Speaker, my apologies for that mishap.
    Mr Speaker, I would like to know from the Hon Deputy Minister what the prices of subsidised fertilizer are as compared to the commercial prices currently.
    Dr Alhassan 11:55 a.m.
    Mr Speaker, the compound fertilizer which is MPK will be bought at GH¢89.00 and urea fertilizer which is a nitrogen fertilizer will be bought at GH¢84.00 per 50 kilogramme bag.
    Dr Alhassan 11:55 a.m.
    Mr Speaker, that would be difficult for the Ministry of Food and Agriculture to ascertain because our job is to pass on all the receipts of fertilizer consumed to the Ministry of Finance. Any delays would be at the level of Ministry of Finance and not the Ministry of Food and Agriculture.
    Mr Speaker 11:55 a.m.
    Last question.
    Dr Bambangi 11:55 a.m.
    Mr Speaker, I would want to find out from the Hon Deputy Minister whether he can update the House on the quantity of subsidised fertilizer that had been distributed so far, and the target that the programme intends to achieve in 2015.
    Dr Alhassan 11:55 a.m.
    Mr Speaker, we would have to take the receipts of fertilizer consumed before we could know the quantity that had been consumed by farmers. There was a hold up. They did not return the receipts to us, so it was after the distribution has resumed now, that we can tell how much fertilizer had been consumed so far.
    Mr Speaker 11:55 a.m.
    Hon Deputy Minister, thank you very much for attending upon to the House to respond to Questions raised.
    Hon Deputy Majority Leader?
    Mr Agbesi 11:55 a.m.
    Mr Speaker, with your indulgence and permission, we would want the Hon Deputy Minister for Education to answer the Questions on behalf of his Minister.
    Mr Speaker 11:55 a.m.
    Hon Member for Bosome-Freho, Question number 412.
    MINISTRY OF EDUCATION 11:55 a.m.
    Minister for Education) 11:55 a.m.
    Mr Speaker, the Ministry's policy is to improve and provide facilities in all Senior High Schools and Technical Institutes with the view to making second cycle education more accessible and improve quality. Every year, provision is made in the Ministry's budget, including that of the GETFund to cater for Senior High Schools and Technical Institutes.
    In allocating resources, emphasis is placed on deprived institutions such as community schools with major infrastruc- tural deficits. Due to lack of adequate resources to cater for all the schools in the country at the same time, the implementation of projects in schools is normally done in phases.
    Government, through the 200 Community Senior High School Project, has also started facilities and quality upgrade in 125 selected Senior High Schools under the World Bank's Secondary Education Improvement Project (SEIP).
    I am happy, Mr Speaker, to mention that the school is one of 125 Senior High
    Schools selected to benefit from the Facilities and Quality Improvement under the US$156 million Secondary Education Improvement Project (SEIP) by the World Bank.
    Mr Kyei-Frimpong 12:05 p.m.
    Mr Speaker, this is quite relieving and refreshing. May I know how much is allocated to Bosome- Freho Senior High School?
    Mr Kyeremeh 12:05 p.m.
    Mr Speaker, we are going through procurement cycle and I cannot give you the figures off hand, since we would have to go through the cycle and contractors would have the opportunity to bid for the project we would send to that very school.
    Mr Kyei-Frimpong 12:05 p.m.
    Mr Speaker, they have done well. There is an urgent demand for renovation of the boys' dormitory in the school. In fact, there was a defect in the whole construction; the gable was short making the roofing a bit flat so that when it rains, we have stagnant water on the roofing.
    Please, it needs immediate repairs and attention. Otherwise, a time may come when if it rains heavily, it may be disastrous. So, what plans do they have to repair immediately this for us?
    Mr Kyeremeh 12:05 p.m.
    Mr Speaker, the Ministry would send officers from the district to the school to assess and then report to the Ministry in order to address the situation in that very school.
    Mr Speaker 12:05 p.m.
    Question number 413 --
    Hon Members, they are constituency- specific Questions and I want to limit them to the Hon Members. We are almost
    exceeding the one hour allotted for Question time. But we want to exhaust all the Questions on the Order Paper so that we can move to Public Business.
    Dr A. A. Osei 12:05 p.m.
    The answer he gave goes beyond constituency. In his answer, he says, he does not know the cost of the World Bank Project because procurement is going on. Mr Speaker, when we obtained the loan, there was a specific figure on the World Bank Project.
    Mr Speaker 12:05 p.m.
    He mentioned the amount in the Answer, GH¢156 million.
    Dr A. A. Osei 12:05 p.m.
    No, Mr Speaker, he said he does not know.
    Mr Speaker 12:05 p.m.
    The question was about the amount, out of the Gh¢156million.
    Dr A. A. Osei 12:05 p.m.
    The point is that, he should know the answer because the World Bank's Gh¢156 million was for 125 schools, translating into 1.2 million per school. That is why we approved the loan; so he should know.
    Mr Speaker 12:05 p.m.
    Well, let us make progress.

    Question number for 414.

    Kwamang Presbyterian Secondary/ Technical High School

    (Improving Educational infrastructure)

    Q. 414. Mr Kwame Asafu-Adjei asked the Minister for Education what steps were being taken to improve educational infrastructure at Kwamang Presbyterian Secondary/Technical High School.
    Mr Kyeremeh 12:05 p.m.
    Mr Speaker, as indicated above, the Ministry has an elaborate plan to improve and provide facilities in all Senior High Schools and Technical Institutes.
    In line with this plan, a 6-unit classroom block is under construction for the school. The project is currently at the roofing level and the contractor is expected to complete work by October, 2015.
    Mr Speaker, the Ministry will consider improving other infrastructure in the school when funds become available.
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 12:12 p.m.
    Hon Member, any follow up question?
    Mr Asafu-Adjei 12:12 p.m.
    I would want to ask the Hon Deputy Minister, whether he is aware that the last time the contractor was at site was in January 10th 2014? How is he going to complete this project?
    Mr Kyeremeh 12:12 p.m.
    Mr Speaker, I am unaware. We contacted the consultant and according to him and the work schedule of the contractor, the project would be completed by October, 2015. That is the information from the consultant.
    Mr First Deputy Speaker 12:12 p.m.
    Hon Member, any further follow up questions?
    Mr Asafu-Adjei 12:12 p.m.
    Yes, Mr Speaker. What is the guarantee that the assurance he has given to this House would be followed?
    Mr First Deputy Speaker 12:12 p.m.
    Hon Member, he has given the deadline and I believe that is enough assurance for the Government Assurances Committee to work on if he defaults. I do not think we need to go any further than that. He has said it on the floor of the House and therefore, that is enough assurance.
    Mr Asafu-Adjei 12:12 p.m.
    Mr Speaker, the Hon Deputy Minister tells us that this project would be completed in October, 2015. The last time the contractor was there was on 14th January, 2014. He is unaware that the contractor is not even on site. The Hon Deputy Minister is unaware --
    Mr First Deputy Speaker 12:12 p.m.
    Hon Member, the assurance has been given, if you have any further follow-up questions, you are free to do so.
    Mr Asafu-Adjei 12:12 p.m.
    Mr Speaker, I would like to know the meaning of “elaborate plan”. What does he mean by “elaborate plan”?
    Mr Kyeremeh 12:12 p.m.
    Mr Speaker, our elaborate plan of improving infrastructure in Senior High School and Technical Institutions is that, we make enough provision in our budget as a Ministry and we make provision in our GETFund
    formula to improve senior high education and also source additional funding from international donors. We rely on international donor partners who are also in to help us.
    If we get all this, we are sure we would be able to improve infrastructure in our senior high schools and technical institutes.
    Mr First Deputy Speaker 12:15 p.m.
    Hon Members, we move on to the next Question which is Question numbered 415 in the name of the Hon Member for Wa East. Hon Member for Wa East? Is he not available?
    We move on to the next one which stands in the name of the Hon Member for Walewale. Hon Member for Walewale?
    Transportation for Administration Walewale Vocational Institute
    Q. 416. Dr Sagre Bambangi asked the Minister for Education when the Ministry would provide means of transport for the administration of the Walewale Vocational Institute.
    Mr Alex Kyeremeh 12:15 p.m.
    Mr Speaker, as stated above, the Ministry's policy is to ensure that all Senior High Schools have buses to enhance their smooth operation. However, due to budgetary constraints, the Ministry has phased the procurement of these buses for the schools.
    The Ministry has already procured and distributed buses and pick-ups to some Senior High Schools. So far, 341 vehicles made up of 256 buses and 85 pick-ups have been distributed to 341 Senior High Schools. 68 other Senior High Schools also

    received both buses and pick-ups for their smooth operation.

    The Ministry is planning to procure more buses for distribution this year and Walewale Vocational Institute will be considered along with the other remaining schools.
    Dr Bambangi 12:15 p.m.
    Mr Speaker, I would like to know whether the Hon Minister could assure the House that by the end of 2015, a means of transport would be procured for the school.
    Mr Kyeremeh 12:15 p.m.
    Mr Speaker, I am unable to give assurances here because I do not know how long the procurement process would take. We have a procurement cycle we have to go through before we make any purchases. So, I would rely on the technical people who would work on it and if we get it earlier, then we would distribute it to various schools. If we are unable, then we would distribute when the buses are available.
    Mr First Deputy Speaker 12:15 p.m.
    Yes, Hon Member, any further follow-ups?
    Dr Bambangi 12:15 p.m.
    Thank you Mr Speaker, I am done.
    Mr First Deputy Speaker 12:15 p.m.
    Hon Deputy Minister, thank you very much for attending upon this House, you are discharged.
    This brings us to the end of Question time. Hon Deputy Majority Whip?
    Mr Ahmed Ibrahim 12:15 p.m.
    Mr Speaker, we may take item number 5 on the Order Paper, the debate on the Right to Informa- tion Bill.
    Mr First Deputy Speaker 12:15 p.m.
    Hon Members, item number 5, the Motion on the Right to Information Bill. Debate was curtailed and we would continue the
    BILLS -- SECOND READING 12:15 p.m.
    Mr Kobina T. Hammond (NPP-- Adansi Asokwa) 12:15 p.m.
    Thank you very much Mr Speaker for the opportunity to contribute to this very important Motion on this very important Bill.
    The last time I heard my Hon Colleagues contribute to this debate, I heard it being said that the House is called upon to accept the Report of the Committee and in the end to accept the Bill as it is and to support this law to come into effect. The Report of the Committee concludes this way;
    “6.1 Our choice of democratic governance entails an active participation by all in the governance of the country. In this participatory democracy, the right to information is particularly relevant and essential to ensure good governance. This is because right to information affords those who participate in governance, the opportunity to access relevant information in order to be well-informed to contribute meaningfully to governance.
    6.2 The Committee is very much convinced that the passage of
    the Bill would provide an appropriate step for the opening up of governance to the public. This would go a long way to increase transparency and accountability and reduce corruption in our governance system.”
    Mr Speaker, in 1997, when this matter was first debated in Britain, the Labour Government which had just won election and was bent on introducing the Right to Information Bill and subsequently, the Act, had almost the same thing to say.
    “Unnecessary secrecy in the Government leads to arrogance in Government and defective policy decisions.”
    It goes on to quote the Scott Report on Arms to Iraq, revealing conservative Government abuses of power and that they were pledged to a Freedom of Information Act leading to more open government and an independent National Statistics Service.
    Mr Speaker, as a House, we must be very conscious and as a nation, extremely conscious that there cannot be proper governance without a certain amount of secrecy. A country, democratic as it may be, can never be that open and I am not talking about the communist or the socialist system. Even democracies like the United States of America (USA) and the United Kingdom (UK) have space for certain documents to be kept away from the public. The right to information does not imply that the public has the right to every sort of information. Open access to government invariably leads to weak governance.
    It is said that knowledge is power, information is power and that is why we have National Security Services, the
    National Intelligence Act and National Secret Services, et cetera.You do not open the entire gamut of Government to the prying eyes of the public. When you read the document, you would get to know that as of 2007, there were about 53 countries in the world which had subscribed to right to information.
    Mr Speaker, let us go back in history. It is indicated that, Sweden for example is the country which seems to have any form of right to information that has existed for about 200 years. However, let us look at America and Britain. America talks about democracy in its genes or DNA and all that. America brought up some form of Right to Information only in 1966. I am talking about America with independence of about 200 years, 1966 was when they came out with some form of right to information.
    Mr Speaker, the UK or Great Britain, conceived some sort of r ight to information prior to 1997, the Government of conservative John Major, would not bring a Bill to Parliament for the right to information, precisely because of the dangers. One has to be careful that this Bill is not written on banana skins. It was only in the year 2000 that the British Government decided to come out with the Right to Information.
    Even after it had been passed by Parliament, it took them another five years. It came into effect in January 2005. We should be very careful what we do over here. In Britain before the Bill came into force, there was some voluntary codes.
    Mr Speaker, the evidence is that, in a whole year it was only about 1,000 or so questions which were asked with respect to right to information.
    Mr First Deputy Speaker 12:25 p.m.
    Hon Member, I hope you have given us the title and the author of the book?
    Mr K.T. Hammond 12:25 p.m.
    Mr Speaker, the title is “Freedom of Information Hand Book”. General editors, Peter Curry and Marcus Kelly and it is by the Law Society. It was published by the Law Society in
    2008.
    Mr Speaker, I am just making this remarks so that the House is aware about the implications of this particular document. We are clear about the implications of the Bill that we intend to enact into the law.
    Mr Speaker, I have read the Bill as presented by the Government and I have also read the Report as submitted by the Committee. Nobody should be in any doubt or confused state of mind that we on the Minority side are against the enactment of this Bill. Mr Speaker, it is very important that civil society knows what is going on. The civil society claims in most cases that they know quite a lot of things happening than those of us engaged in it.
    Mr Speaker, there was an occasion recently,when I had the platform with a few from the civil society. One of them claimed that they knew more about what
    Minister for Environment, Science, Technology and Innovation (Mr Mahama Ayariga) (MP) 12:35 p.m.
    Thank you very much, Mr Speaker, for the opportunity to contribute to the Motion.
    Mr First Deputy Speaker 12:35 p.m.
    I do not think that was what the Hon Member meant. He was just sounding a word of caution; that we should tread cautiously.
    Mr Ayariga 12:35 p.m.
    Mr Speaker, I do agree with you that the Hon Member was asking us to tread cautiously, but I am saying that, in our case, we have the benefit of the precedence that have been established in these countries and that is why it is ripe for us as a country today, to have a right to information legislation.
    Mr Speaker, I do not believe that there is any Bill that this country has treaded cautiously in its passage like this Right to Information Bill. It is close to a decade now since the discussion of a draft Bill began in this country—among civil society groups, from one Parliament to the other, and from both Governments that have ruled under this constitutional dispensation. There have been efforts to pass the Right to Information Bill.
    I have not seen any Bill that the nation has been that cautious in trying to pass. Indeed, what we have today as the Bill, is almost completely different from what I saw close to a decade ago, when civil society groups had an initial draft which was the subject of debate among civil society groups and ultimately, for those who were in government.
    I think this country has been cautious enough. It is rather time for us to courageously move forward when it comes to the passage of the Right to Information Bill and that is for two very good reasons.
    Mr Speaker, firstly, to pursue good governance which underpins our constitution. We need an open and transparent system. That is not in doubt and I do not think that the pursuit of the establishment of an open and transparent system in any way, endangers the national security of any country. This is because, if one looks at the Bill, one can see clearly that adequate arrangement has been made to protect certain zones of information that should not be freely available to anybody, because they endanger both the governance process and national security Those have been adequately catered for.
    Mr Speaker, the second reason we need to pass a right to information legislation is because, in our own Constitution, we have made a commit- ment to rely on the private sector as an engine of growth and as a partner in development. If I am going to be the
    engine of growth, and the partner of government in development, then I must have adequate information as a market to be able to inform my daily decisions in the market place. That is why, creating an infrastructure that enables researchers, the markets businessmen and corporate entities, to be able to assess information which they can analyse and take decisions in the private sector, is very critical for the accelerated development of any economy.
    Mr Speaker, for these two very important reasons, this country can no longer wait to have a right to information legislation. It is true that when one has the right to information legislation, people will ask questions. Some may be appropriate and others inappropriate, but that is the danger that we have to live with if we agree to live in a free, transparent and open democracy. It is something that one cannot run away from.
    Mr Speaker, as the Hon Member said, and quoted extensively from the British system; they have committed to live in an open and transparent system and so there would be nothing wrong with people wanting to know what the President took for breakfast, or what the First Lady cooked for him last night. But the issue is, he would not be obliged to answer those questions. But, to be afraid that those questions would be asked, and for fear of those questions being asked, to prevent the private sector from asking questions that will give them information to take critical decisions, which will create more jobs and expand the private sector—
    Mr Hmmond 12:35 p.m.
    On a point of order, Mr Speaker.
    Mr Speaker, the Hon Member is completely wrong and that is the point I was making. If it was asked of the First Lady what she did for the President last
    night, under the statute, if it is not exempted, then the answer would have to be provided in the clearest possible juicy form. That is the nature of the Bill we are looking at. One would have to provide the answer if it is not exempted.
    Mr Ayariga 12:35 p.m.
    Mr Speaker, I am clear in my mind that this Bill is about official information. What the President ate last night is clearly not an official information, and if what breakfast the President took in the morning was not before the cameras, it is not an official information.
    This Bill deals with official information and so, the fact of being public does not mean that everything that we do is official.
    This Bill is talking about official information and indeed, this Bill is so careful that, information that is official and transactions that are even being processed are protected.
    So, communications in the processes of taking decisions by Agencies, Ministries, the Presidency, et cetera are protected, so that the process of decision making has some integrity and protection so that it is not exposed. But, once a decision has been taken, a transaction has taken place, the public needs to know unless it is a transaction that has serious national security implications. The market needs that information to be able to take decisions.
    Mr Speaker, many investors, both Ghanaians and foreign have expressed frustration because of their inability to access information that would enable them to take important investment decisions which will move this country forward.
    Mr Speaker, on those two grounds, I urge Hon Members to support this Motion so that we can move as fast as possible to assist this country to have a clearly set- out infrastructure for the gathering of
    Mr First Deputy Speaker 12:45 p.m.
    Thank you very much. Yes, Hon Member?
    Mr Alexander K. Afenyo-Markin (NPP -- Effutu) 12:45 p.m.
    Mr Speaker, if you would permit me, I would like to make a contribution by evoking Order 47 of our Standing Orders.
    Mr First Deputy Speaker 12:45 p.m.
    Hon Member, I do not understand you.
    Mr Afenyo-Markin 12:45 p.m.
    Mr Speaker, I would like to make a contribution but if you would oblige me, I would like to proceed under Order 47 of our Standing Orders. [Interruption.] Mr Speaker, Standing Order 47 reads and I beg to quote with your kind Permission:
    “The proceedings of Parliament shall ordinarily be conducted in the English Language, except that a Member may exercise the option to address the House in either Akan, Nzema, Ga, Ewe, Hausa, Dagbani, Dagaare or in any other local language provided facilities exist in the House for its interpretation”
    Mr First Deputy Speaker 12:45 p.m.
    Hon Member, you are aware that we do not have the facilities. Why do you want to overstretch us?
    Mr Afenyo-Markin 12:45 p.m.
    Mr Speaker, not too long ago, the public raised a number of issues about Members of Parliament. I believe strongly that, the fact that a person is unable to communicate fluently with that fluorescent competence in English does not mean that the person cannot make his point and that the person is unintelligent. I do not believe so.
    Mr Speaker, I believe that the framers of this Standing Orders were very clear on their minds that it would come a time that Hon Members would want to freely make contributions in one Ghanaian language or the other. If at this stage, after 20 years, we still say that there are no facilities to allow Hon Members to make contributions --
    Mr First Deputy Speaker 12:45 p.m.
    Hon Member, I think your point is well made. We have to take note of it but let us go ahead with the debate concerning the Right to Information Bill.
    Mr Afenyo-Markin 12:45 p.m.
    Mr Speaker, would it please you to rule on this application?
    Mr First Deputy Speaker 12:45 p.m.
    I am not making any ruling on this -- [Laughter.] Yes, Hon Minister for Environment, Science, Technology and Innovation?
    Mr Ayariga 12:45 p.m.
    Mr Speaker, I believe that first and foremost, there is an attempt to divert attention from the issue that is before this House which is the debate on the Right to Information Bill. But even if that is not the case, if you read that same Standing Order, it says that ‘ordinarily' the language should be English.
    The framers in their wisdom envisaged a situation where a Hausa, Ewe, Ga or a Fante man who has not had the benefit of formal education and cannot speak English, could be elected by a consti- tuency to be in this House. That person should have a right to participate in the debate in this House.
    But when he has had a privilege of going to Law school, written all his exams and practised in English and very fluent in English; flawless English, you cannot stand in this House and seek to make proceedings more expensive by demanding that infrastructure should be created for debate to be had in different languages. Mr Speaker, I think that his application should be denied, if that is one.
    Mr First Deputy Speaker 12:45 p.m.
    Very well.
    Hon Members, I do not want us to drag this matter. The practice has been that if you use any language apart from English in the course of your submissions, you will translate it into English yourself. If he is in the position to do that I do not think I can stop him. But if he is not, let us go the English way and save ourselves the trouble.
    Mr Afenyo-Markin 12:45 p.m.
    Mr Speaker, the microphone did not properly capture your voice. If you would be pleased, can you --
    Mr First Deputy Speaker 12:45 p.m.
    Do you want me to go over it?
    Mr Afenyo-Markin 12:45 p.m.
    Yes, if you would be pleased.
    Mr First Deputy Speaker 12:45 p.m.
    I can. What I am saying is this; that the practice in this House has been that if an Hon Member makes a statement or contribution on the floor and uses a Ghanaian language or any other language, after doing so, that Hon Member himself or herself would have to translate same into English. If you are in the position to do that I cannot stop you, but if not, let us go the English way.
    Mr Afenyo-Markin 12:45 p.m.
    Mr Speaker, I thank you for partially granting my application and ruling him out. I would exercise that r ight of making my submissions in Fante and soon thereafter I would translate.
    Mr First Deputy Speaker 12:45 p.m.
    Would you translate it?
    Mr Afenyo-Markin 12:45 p.m.
    Yes, Mr Speaker, I would.
    But Mr Speaker, because of time, I would defer this right today and then at another time -- but I am happy.
    Mr Speaker, let me commend your Committee for a good job done except to say that on their recommendation, with respect to the venue for appeals, they did recommend that, going to the Supreme Court on appeal was not appropriate. Their reason was that, it was going to be too expensive.
    Mr Speaker, I would want to add that the reason fundamentally should not be the cost but whether or not the Constitution so permits.
    Mr Speaker, there are two ways of going to the Supreme Court for a review. One can go under article 132. That is where one is making a complaint that a decision of a High Court or even a Court of Appeal was made outside the jurisdiction of the
    rose
    Mr First Deputy Speaker 12:55 p.m.
    Hon Member, are you up on a point of order?
    Mr K.T. Hammond 12:55 p.m.
    Mr Speaker, yes, indeed and a point of information as well.
    Mr Speaker, that is actually wrong because the document does not omit that. The original Bill at clause 63, actually makes the exact provision. So, I do not know why the Committee said that it prohibited it.
    Indeed, Mr Speaker, if you go on to page 29 of the Bill, the Interpretation section, actually defines the “govern- ment agency” to include exactly what the Committee said the Bill has excluded. Clause 63 is an application of the Bill to the private sector, and the provision is there and then, the interpretation also covers it.
    Mr Speaker, so this is just to give the information to my Hon Colleague that it is actually in the Bill that the Committee got it wrong.
    Mr Frist Deputy Speaker 12:55 p.m.
    Very well.
    Mr Afenyo-Markin 12:55 p.m.
    Mr Speaker, I thank my senior Hon Colleague at the Bar for his assistance. But I think it is not too different from the point that I was trying to make. So Mr Speaker, it even helps us as Hon Members of Parliament.
    As we speak, we have a lot of reports that are in the public domain. Some border on investigations conducted by Ministerial Committees and Presidential Commissions that our constituents want us to update them on. But we do not have access to some of these reports.
    For example, Mr Speaker, a Ministerial Committee that investigated the Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA) is not
    rose
    Mr First Deputy Speaker 12:55 p.m.
    Hon Deputy Majority Whip, are you up on a point of order?
    Mr Ahmed Ibrahim 12:55 p.m.
    Mr Speaker, this is just to put it to my Hon Colleague that a Report is before us, let us concentrate on same. We are calling for openness in governance and therefore let us pass the Right to Information Bill, 2013. So, he should just support us to pass it rather than bringing another report that is not before the House.
    Mr Afenyo-Markin 12:55 p.m.
    Mr Speaker, I would want to learn from my very senior Hon Ahmed Ibrahim. I believe that our rules are clear on when to get up to make an objection or raise a preliminary issue relying on a provision, such as a point of order in a debate.
    Mr First Deputy Speaker 12:55 p.m.
    Hon Member, you have indicated that it is not available. So, how could we sitting here, without reference to that document agree with you that what you are saying is indeed correct?
    Mr Afenyo-Markin 12:55 p.m.
    Mr Speaker, I am saying that if we had this Bill passed, perhaps, we would not belabour --
    Mr First Deputy Speaker 12:55 p.m.
    Hon Member, you could make that point without giving alleged details of what you are talking about.
    Mr Afenyo-Markin 12:55 p.m.
    Mr Speaker, do not be inclined to honour their invitation. That is not what I am doing. I am trying to give examples of the public concerns on this matter. Why are they so jittery and paranoid?
    Mr First Deputy Speaker 12:55 p.m.
    Hon Member, please resume your seat.
    Hon Minister, you have the floor.
    Mr Ayariga 12:55 p.m.
    Mr Speaker, I am up on a point of order on the basis that he is misleading this House because he cannot say that when an Hon Minister sets up a ministerial committee and it does its work, a Member of Parliament cannot access that information. This is because under the Standing Orders, a Member of Parliament can ask Questions of that Hon Minister to provide information based on the work of the committee, and the Hon Minister must come to this House to answer those Questions.
    So, in terms of Hon Members of Parliament access to information is not as difficult as ordinary managers of companies and ordinary civil society groups out there.
    So, if he is arguing, he should be factual. In terms of the Constitution of Ghana, the laws and the Standing Orders, Hon Members of Parliament could access almost every information that is in the bosom of a Minister of State.
    Mr First Deputy Speaker 12:55 p.m.
    Hon Member, I would rather advice that you have made the point, move on without giving details of documents we do not have before us as of now.
    Mr First Deputy Speaker 12:55 p.m.
    The point he made was that, as an Hon Member of Parliament, you have that power to table Questions directed at Hon Ministers to come to the Chamber and answer. So, you are not prevented from having access to those pieces of information.
    Mr Afenyo-Markin 12:55 p.m.
    Mr Speaker, now that I have been pushed, Mr Speaker, I do not readily have the Question I wrote. I filled the Question form way back last year.
    Mr Speaker, do not forget that admissibility of Questions is at the discretion of Mr Speaker. If this Bill, for instance, had been passed into law, and I had filed a Question and Mr Speaker in his wisdom felt that same Question was inadmissible, by this law I could still have access.
    Mr First Deputy Speaker 12:55 p.m.
    Hon Member, you are being too far-fetched. Let us concentrate on the Report that has been laid before us by the Committee and let us make progress.
    Mr Afenyo-Markin 12:55 p.m.
    Mr Speaker, I thank you.I believe they would now sit down and allow me. I would also take a cue.
    Mr Speaker, you may also recall that on the 20th February, 2015, you made a ruling which was to direct the Business Committee to programme the Minister for Finance to make some information available. After eight weeks, Mr Speaker himself in the Chair came up with a ruling that since it was becoming difficult because of a legal opinion, he believed that the appropriate thing was to proceed up for the law courts to interpret it.
    Mr Speaker, if this Bill had been in place, there would not be the need because by law, asking for information as to whether there is a comfort letter, bank guarantee or a power purchase agreement between the Electricity Company of Ghana (ECG) and anybody-- Mr Speaker, I would have gotten it as of right. So Mr Speaker, it is in the right direction that today, we are having this.
    Mr First Deputy Speaker 12:55 p.m.
    Hon Member, do not forget that even with this Bill coming into force as an Act, if you request for information and you do not get it, there is a procedure in the Act and you go by that procedure. So, it is possible.
    For example, let me just, without appearing to be descending into the debate, say that our attitude as a nation towards information storage is not the best. This law comes into force then, because we do not have proper storage, if a request is made for some information which is not available we would have a problem.
    So while we are looking at this, let us also look at how we can change or improve upon our information storage. You would see some kelewele sellers using documents to wrap kelewele which should be at the archives. So we have a dangerous issue to attend to, but that is not to say that we should not let this Bill move into an Act.But it is very important that we look at all those areas in addition.
    Yes, you can proceed.
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, I am so guided. I remember some years back on this issue of information storage, President Kufuor's Government took a loan to set up an information storage centre which is just by the Kofi Annan Information Training Centre.So, Mr Speaker, I believe that as a nation some efforts have been made and we still have the opportunity to do more.
    rose
    Mr First Deputy Speaker 1:05 p.m.
    Hon Member, are you up again on a point of order?
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, I do not understand, he just wants to frustrate me.
    Mr Mahama Ayariga 1:05 p.m.
    Mr Speaker, he is still misleading this House in a certain direction. He keeps trying to relate the legislation and the practice of admissibility of questions and rulings within the practice of the House. These are two separate matters. The passage of this legislation would not in any way affect
    the manner and ways in which the Speaker exercises his powers to admit Questions or make rulings regarding issues raised by individual Members of the House and I think it is important for us to have that realisation.
    rose
    Mr First Deputy Speaker 1:05 p.m.
    Very well.
    Yes, Hon Member? Are you still up on a point of order?
    Dr A.A.Osei 1:05 p.m.
    On a point of information, Mr Speaker.
    My good friend, the Minister for Environment, Science, Technology and Innovation somehow has forgotten that this Bill is not about Hon Members of Parliament seeking information. -- [Interruption] -- No, that is where you get it wrong.
    He is making the point that, if he as an Hon Member cannot get it then how about those outside? That is why he is raising the issues of GYEEDA to say that he may have the opportunity but his constituents may not have it. So it goes beyond questions of admissibility and so on.
    We are looking at something for Ghanaians. Do you think that it is only about Parliament,to say that he could still ask a Minister to come here, it is not about him. Maybe he was not listening to him properly,he had framed it eloquently, I want to suggest that to you.
    Mr First Deputy Speaker 1:05 p.m.
    Yes, Hon Member, let us make some progress, so that you can conclude your contribution and then we take the last contribution.
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, we are having a debate, I am surprised. However, I would still proceed.
    Mr First Deputy Speaker 1:05 p.m.
    Yes.
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, again on the issue of the Sahara Accelerated Development Authority (SADA), if we had this law in place, perhaps, the public would not have had problems accessing information.
    Mr Speaker, you know how Ghanaians get so frustrated when they need information about how public funds have been spent; you ask but you do not get the information.
    Mr First Deputy Speaker 1:05 p.m.
    Hon Member, you are repeatedly taking us to this same issue.
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, I am not --
    Mr First Deputy Speaker 1:05 p.m.
    How different is this SADA issue from the one you referred to earlier? Let us make some progress.
    Yes, Hon Member?
    Mr Daniel Botwe 1:05 p.m.
    Mr Speaker, I think we are performing a very important work and our Hon Colleagues should allow people to express themselves. I mean giving examples to buttress a point is purely in order. It might be a case of dry bones being mentioned but we should be prepared to accommodate all these things in the work that we do.
    Mr First Deputy Speaker 1:05 p.m.
    Hon Members, except, what I am saying is that, if he gives too many examples then he is dragging us on. If one gives one or two examples, that is enough and let us move on. This is because we are taking two contributions from either side, so, that we can further defer the debate and have more time for Hon Members to contribute. But the way things are going, it does not appear like we are making enough progress. That is my worry.
    Hon Member for Effutu, please, begin to conclude.
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, Chinua Achebe wrote that “when dry bones are mentioned, old women begin to shiver”' but no problem.
    Mr First Deputy Speaker 1:05 p.m.
    Can you please say it louder?
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, you know Chinua Achebe in one of his books; specifically -- [Interruption] -- Mr Speaker, it has been written somewhere -- [Laughter]-- In a certain book which I do not really remember, and the quotation is, I would want to paraphrase that:
    “if dry bones are mentioned, old women begin to shiver”.
    Mr Speaker, I would proceed but since you have ruled that giving more examples would make the entire argument superfluous, I would limit it to four or, perhaps I would limit it to the two that I have given and proceed.
    Mr First Deputy Speaker 1:05 p.m.
    Yes, please proceed.
    Mr Afenyo-Markin 1:05 p.m.
    Very well.
    Mr Speaker, I have given GYEEDA, SADA and I was going to talk about the Brazil but I would not --
    Mr First Deputy Speaker 1:05 p.m.
    Please proceed. [Laughter.]
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, one day they would be in opposition and they would want to do this so let them -- they can use mine as an example to fortify themselves when they come into opposition.
    Mr First Deputy Speaker 1:05 p.m.
    Hon Member, proceed, otherwise I would stop you.
    Mr Afenyo-Markin 1:05 p.m.
    Mr Speaker, so back to the point I was making.
    If all Ghanaians are given access it would add to the principle of transparency and accountability in governance and give assurances to the people that the leaders of this country have nothing to hide and that they are as patriotic as they present and portray themselves to be.
    Mr Speaker, so, I would urge that all of us should support this Bill so that as soon as practicable, it comes into law to further help the cause of democracy in this country.
    Mr Speaker, I thank you in spite of all the frustrations.
    Mr First Deputy Speaker 1:05 p.m.
    Thank you very much. The last contributor. Yes, Hon Bedzrah?
    Mr Emmanuel K. Bedzrah (NDC-Ho West) 1:05 p.m.
    Thank you, Mr Speaker, for giving me the opportunity to contribute to the Motion ably moved by the Hon Attorney- General and Minister for Justice and seconded by the Chairman of the Committee on Constitu-tional, Legal and Parliamentary Affairs, to allow for the Second Reading of the Right to Information Bill.
    Mr First Deputy Speaker 1:05 p.m.
    Hon Members, I am informed that, the Second Deputy Speaker would like to make a contribution but I would plead with him to hold on and make it on the next adjourned date. This is because I prefixed the contributions with the statement that, we would take two from either side of the House and we have exhausted them. So, could we look at it some other time?
    We have other issues to deal with as the Committee of the Whole and so, on and so forth, so if he could bear with us and take it some other time.
    Mr Bedzrah 1:15 p.m.
    Mr Speaker, we know that this Bill has generated a lot of interests both locally and internationally. Locally, we have the Coalition of Right to Information Bill that has been organising series of meetings with Hon Members of Parliament and the public, to sensitise them about this Right to Information Bill.
    Internationally, we all know that Ghana has signed onto the Open Government Partnership (OGP) and I served on the national OGP as a member of the steering committee.
    Ghana signed onto the OGP in September 2011 asking that it would be committed to some of the action plans that we put out there. Ghana has largely fulfilled some of the commitments in the Action Plan and one of them has to do with access to information which has not yet been passed, even though Government has done its bit or the Executive has done its bit to bring it to the floor of the House.
    Mr Bedzrah 1:15 p.m.
    That is one of the issues at stake now, and that OGP International is looking up to us as a country to pass it. Why do we need to pass this access to information legislation?
    Mr Speaker, democracy or the tenets of democracy and good governance are all about openness, transparency and citizens participation in everything that we do and if all of us would agree that, this Bill should be passed, I believe that the issues about corruption in the various establishments and government institutions would be done with. This is because there would be access to information, access to data and access to everything that we are looking for.
    I was privileged to have travelled recently to Canada on Open Data Conference which was organised largely by the OGP. One of the things that we have noticed is that, internationally, there is information out there. Whether we like it or not, there is information out there. If we are not opening up as a nation, others would get information but the information would not be the correct one because they did not get it from the right source. That is why I think this Bill is good for us to pass.
    Mr Speaker, one of the issues I would want to bring up is that, I disagree with the Committee. If you would permit me to read from page 12 of the Committee's Report, and that has to do with bullet point 5.6. Mr Speaker, with your permission, I beg to read:
    “The Minister responsible for Justice has ministerial responsibility 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 the independence of the process.”
    Mr Speaker, I would want to agree with Hon K. T. Hammond, who spoke before me, that we do not need any bureaucratic institution again to add to the tax payers burden. I think the Attorney-General and Minister for Justice is capable enough to have oversight responsibility over the right to information. We do not need any independent institution to supervise and look after this Act. That is my disagreement with the Committee on this score.

    If we had this Bill some years back, I believe most of the things that we have heard today about SADA, GYEEDA and also about Ghana Telecom, the Drill Ship and so on, would not have happened. We would have had information, we would have had everything that we needed from those institutions that had dealt with those things.

    Mr Speaker, with these few words, I thank you.
    Mr First Deputy Speaker 1:15 p.m.
    Hon Members, we would not put the Question.
    We would defer further debate on this Motion. So, I direct accordingly.
    Yes, Hon Deputy Majority Leader?
    Mr Agbesi 1:15 p.m.
    Mr Speaker, with your permission, we can go to item number 7; the Second Reading of the Income Tax Bill,
    2015.
    Mr First Deputy Speaker 1:15 p.m.
    Very well.
    Hon Members, Item number 7 -- Motion. That the Income Tax Bill, 2015 be now read a Second time.
    Hon Minister for Finance?
    BILLS -- SECOND READING 1:15 p.m.
    Minister for Finance) 1:15 p.m.
    Mr Speaker, I beg to move, that the Income Tax Bill, 2015 be now read a Second time.
    Mr Speaker, the object of this Bill is to revise and consolidate the law relating to the Income Tax and to provide for related matters.
    The current Income Tax Law is being administered by the Ghana Revenue Authority in the Internal Revenue Act 2000, Act 592. This Act has been in operation for 15 years.
    Mr Speaker, one striking feature of Act 592 is how narrow and distorted the basis is in an era when many countries have broadened their tax base and lowered tax rate. The Ghanaian tax base seems to be very narrow although the the tax base has also come down.
    This Bill therefore, seeks to eliminate provisions that erode the base and thereby increase the tax base in order to generate more revenue.
    Mr Speaker, among other things, this Bill also seeks to, one, improve the
    provisions peculiar to the income tax administration, to enhance the efficiency and to facilitate compliance. Again, to provide for modified taxation and presumptive taxation based on the instalment and turnover.
    Mr Speaker, finally, to provide for special income tax treatment for the petroleum industry, the mineral industry, the financial institutions as well as retirement savings, public mutual and non- profit organisations.
    Thank you.
    Chairman of the Committee (Mr James K. Avedzi) 1:15 p.m.
    Mr Speaker, I rise to support the Motion moved by the Hon Deputy Minister for Finance.
    And in doing so, I present your Committee's Report.
    Introduction
    The Income Tax Bill, 2015 was presented to Parliament by the Hon Minister for Local Government and Rural Development, Alhaji Collins Dauda on behalf of the Hon Minister for Finance and read for the First time onThursday, 26th March, 2015.
    The Rt Hon Speaker referred the Bill to the Finance Committee for consideration and report in accordance with article 174 (1) of the 1992 Constitution and Order 169 of the Standing Orders of the Parliament of Ghana.
    The Committee was assisted in its deliberations by the Hon Minister for Finance, Mr Seth E. Terkper, the Hon .Deputy Ministers of Finance, Mr. Cassiel Ato Baah Forson and Mrs. Mona K. Quartey, the Commissioner-General of the Ghana Revenue Authority (GRA) and officials from the Ministry of Finance, Attorney-General's Department and GRA.
    The Committee is grateful to the Hon Minister, Hon Deputy Ministers, Commissioner-General and officials from the Ministry of Finance, Attorney- General's Department and the GRA for the assistance.
    Chairman of the Committee (Mr James K. Avedzi) 1:15 p.m.
    Clauses 77 to 86 deal with mining operations.
    Clause 77 imposes tax on the income of a person where the income of that person is derived from mining operations.
    Clause 78 provides for separate mineral operations which are made up of a mineral operation pertaining to each mine and mineral operation with a shared processing facility.
    Clause 79 applies to reconnaissance and prospecting operations conducted by a person as part of a separate mineral operation before the commencement of production of a commercial find.
    Clause 80 is subject to clause 79 with respect to income from mineral operations. Clause 80 identifies other revenues that should be included in ascertaining the income of a person from a mineral operation for a year of assessment.
    Clause 81 identifies the income that should be deducted in ascertaining the income of a person from a separate mineral operation for a year of assessment.
    Clauses 82 and 83 deal with losses from mineral operations and disposal of mineral rights respectively.
    Clause 84 exempts from tax an amount accumulated in or withdrawn from an approved rehabilitation fund for the purpose of rehabilitation of the area which is the subject of the mining lease. Withholding tax relating to minerals operations is provided for under clause
    85.
    Clause 86 deals with interpretation with respect to words used in clause 77 to 86.

    Division III of Part VI which relate to financial institutions consists of clause 87 to 92 of the Bill.

    Clauses 87 and 88 respectively deal with the banking business and provision for a debt claim.

    Matters of general insurance business are provided for under clause 89.

    Clauses 90 and 91 provide for life insurance business and proceeds from insurance respectively. Clause 92 deals with interpretation in respect of Division III of Part VI of the Bill.

    Division IV of Part VI of the Bill which is made up of clauses 93 to 96 deals with retirement savings.

    Clause 93 clarifies the relationship between these divisions of the Bill and the National Pensions Act, 2008 (Act 766). Division IV of this Part is subject to Act 766, Clause 93.

    Clause 94 exempts from tax, retirement contributions received by a retirement fund and those retirement contributions are not consideration received for an asset or liability of the fund.

    Clauses 95 and 96 provide for retirement payments from retirement funds and interpretation of words used in Division IV of Part VI of the Bill respectively.

    Public, mutual and non-profit causes are provided for in Division V of Part VI of the Bill.

    The Commissioner-General is empowered under clause 97 to approve an entity as a charitable organization for purposes of the Bill.

    Clauses 98, 99 and 100 provide for clubs and trade associations, building societies and friendly societies, and contributions

    and donations to a worthwhile cause respectively.

    Part VII of the Bill is made up of three Divisions, namely, residence and source (Division I), permanent establishment (Division II) and foreign source of income of a resident (Division III).

    The circumstances under which a person, that is an individual, a partnership, a trust and a company, may be considered as a resident in the country for a year of assessment are indicated under clause 101 of the Bill whiles clause 102 deals change of residence.

    Source of income and quarantining of foreign losses are considered under clause 103.

    Clause 104 provides for determination of income that has its source in the country. Clauses 105 and 106 provide for payments sourced from the country and interpretation of words used in Division I of Part VII respectively.

    Principles of taxation relating to permanent establishment is treated under Clause 107.

    Activities, assets and liabilities of permanent establishment are dealt with under clause 108.

    Clause 109 provides for the income or loss of a permanent establishment. Under clause 110, the words used in Division II of Part VII have been interpreted.

    Principles of taxation relating to source of income of a resident and claim of foreign tax credit are respectively dealt with under clauses 111 and 112.

    Part VIII is on tax payment procedure and made up of four Divisions. Division I is in respect of general obligations,

    Division II is on tax payable by withholding, Divisions (III) and (IV) deal with tax payable by installment and tax payable on assessment respectively.

    The method for the payment of tax imposed under section 1 of the Bill are payment by withholding, payment by installment, and payment on assessment, clause 113.

    Clauses 114, 115 and 116 provide for withholding of tax for employer, withholding of tax from investment returns and withholding of tax from the supply of goods, services and fees and contract payment respectively.

    Obligations of a withholding agent are specified under clauses 117, 118,119 and

    120.

    Clauses 121, 122 and 123 deal with payment of tax payable by instalment whiles tax payable on assessment is provided for under clauses 124 to 126.

    The power of the Minister to make Regulations in respect of matters under Part VIII of the Bill is set out in clause 127.

    Part IX of the Bill comprises 128 to 133.

    Clause 128 provides for the circumstances under which two or more persons may be considered as persons in a controlled relationship.

    Circumstances under which an entity can be considered as a company is described under clause 129.

    Clauses 130, 131 and 132 are in respect of domestic and excluded expenditure, financial instruments and derivative amount respectively.

    Words used generally in the Bill are interpreted under clause 133.
    Chairman of the Committee (Mr James K. Avedzi) 1:15 p.m.
    21. Clause 38 -- Amendment proposed -- Delete “twenty-five per cent” and insert “fifty per cent” in line 4 of sub-clause (2).
    22. Clause 45 -- Amendment proposed -- Replace the headnote with “Transfer of asset not for consideration”.
    23. Clause 47 -- Amendment proposed -- Subclause (4) (b) -- In line 3, replace “the person” with “that person”.
    24. Clause 52 -- Amendment proposed -- Replace opening paragraph of subclause (4), with the following:
    “An asset owned or a liability owed by a partner for and on behalf of the partnership in common is treated as an asset or a liability of the partnership and not the individual partners, and is treated” .
    25. Clause 56 -- Amendment proposed --
    (1) Replace subclause (4), with the following:
    “(4) Subsection (3) does not apply to a trust of an incapacitated individual”.
    (2) Replace subclause (8) with the following:
    “(8) A person shall treat an asset owned and liability owed by a trust or trustee as an asset or liability of the trust”.
    (3) In subclause (9), delete “a bare agent” and insert “an agent”.
    26. Clause 59 -- Amendment proposed -- Delete paragraph (b) of subclause (4) and insert the following:

    “(b) a dividend that is the result of a re-characterisation under section 31 (5) and 32 (2).”.

    27. Clause 61 -- Amendment proposed -- Remove bold font in cross- reference.

    28. Clause 64 -- Amendment proposed -- Indent out the closing paragraph of subclause (2) (a).

    29. Clause 65 -- Amendment proposed --

    (1) Replace subclause (4) with the following:

    “(4) Except for an amount that will be included to reduce the pool referred to in subsection (2), a person shall not include in the pool referred to that subsection:

    (a) an amount which is included in calculating the income of the person from the separate petroleum operation, or

    (b) a consideration received in respect of a depreciable asset or capital asset of the operation”.

    (2) Insert “by reason of a reduction in subsection (4) “after “negative” in line 2 of subclause (6).

    30. Clause 69 -- Amendment proposed --

    (1) In line 2 of subclause (2) (a), delete “re acquired” and insert “re-acquired”.

    (2) in line 3 of subclause (4), delete all words after “failure”.

    31. Clause 76 -- Amendment proposed -- substitute the following definitions:

    “approved decommissioning plan” means a plan approved by the Minister responsible for petroleum for decommissioning the facilities used in petroleum operations upon cessation of those operations;

    “petroleum” has the meaning assigned in the Petroleum Revenue Management Act, 2011 (Act 815);

    “petroleum operations” has the meaning assigned in the Petroleum Revenue Management Act, 2011 (Act 815);

    Heading for division II should read: “Minerals and mining operations”.

    32. Clause 77-- Amendment proposed --

    (1) Replace “mining income tax” with” mineral income tax” in line 2 of sub-clause (1)

    (2) Replace “mining” with “mineral” in line 1 of subclause (2).

    33. Clause 79 -- Amendment proposed --

    (1) Replace subclause (4) with the following:

    “(4) Except for an amount that will be included to reduce the pool referred to in subsection (2), a person shall not include in the pool referred to that subsection:

    (a) an amount which is included in calculating the income of the person from the separate petroleum operation; or

    (b) a consideration received in respect of a depreciable

    asset or capital asset of the operation”.

    (2) Insert “by reason of a reduction in subsection (4) “after “negative” in line 2 of subclause

    (6).

    34. Clause 80 -- Amendment proposed -- In line 2 of subclause (1) (e), delete “a” and insert “an approved” before “rehabilitation fund”.

    35. Clause 81 -- Amendment proposed -- After subclause (9), number the next subclause as “(10)”.

    36. Clause 83 -- Amendment proposed --

    (1) Replace “a petroleum right” with “a mineral right” in line 2 of subclause (1).

    (2) In subclause (2) (b), delete

    “(iii)” and insert “(ii)”.

    (3) Delete all words after “failure” in line 3 of subclause (4).

    37. Clause 84 -- Amendment proposed -- Delete “;” after paragraph (a) of subclause (2) and insert “,”.

    38. Clause 85 -- Amendment proposed -- Delete “;” after paragraph (a) of subclause (3) and insert “,”.

    39. Clause 86 -- Amendment proposed --

    (1) In the definition of “mineral”, replace “Petroleum (Exploration And Production) Law, 1984 (PNDCL 84)” with “Petroleum Revenue Management Act, 2011 (Act 815)”.

    (2) In the definition of mining area, insert “Minerals” before “Commission” in line 2.
    - 1:15 p.m.
    Mr First Deputy Speaker 1:25 p.m.
    Yes, Hon Ranking Member of the Finance Committee?
    Dr A. A. Osei (NPP -- Old Tafo) 1:25 p.m.
    Mr Speaker, I rise to support the Motion that the Income Tax Bill, 2015 be read a Second time.
    Mr Speaker, the Hon Minister has given the obvious reasons why this Bill is coming to the House, and the Hon Chairman of the Finance Committee has taken us through the observations of the Committee. As he noted, close to 120 amendments would be proposed by the Committee at the Consideration Stage.

    Mr Speaker, at this point, I do not want to add anything to support the Motion that has been moved and seconded by the Hon Chairman.
    Mr First Deputy Speaker 1:25 p.m.
    Very well, Hon Members, I would put the Question.
    Question put and Motion agreed to.
    The Income Tax Bill, 2015 was accordingly read a Second time.
    Mr First Deputy Speaker 1:25 p.m.
    Yes, Hon Deputy Majority Leader?
    Mr Agbesi 1:25 p.m.
    Mr Speaker, item 6; Millennium Development Authority (Amendment) Bill, 2014 to be read a Second time.
    Mr First Deputy Speaker 1:25 p.m.
    Very well. That is by the Attorney-General and Minister for Justice. Is the Hon Minister here?
    Mr Magnus K. Amoatey 1:25 p.m.
    Mr Speaker, the Hon Minister is unavoidably absent. She is out of the jurisdiction.
    Mr First Deputy Speaker 1:25 p.m.
    In that case, could we defer it? Yes, I think we would have to defer it. We cannot take it in the absence of the Attorney-General and Minister for Justice.
    Mr First Deputy Speaker 1:25 p.m.
    Yes, Hon Member for Old Tafo?
    Dr A. A. Osei 1:25 p.m.
    Mr Speaker, the Hon Deputy Majority Leader is making a request for us to take item 6 and the Chairman of the Committee is coming against his Deputy Leader of Parliament to say where is the Hon Minister.
    It is not for him to do that. He should consult him privately, this is because they programmed it there and we know that the Hon Minister is aware, or her Deputy Minister should be coming. Now, I thought the
    Deputy Majority Leader knew where the Hon Minister was, but then the Hon Chairman said the Hon Minister is somewhere. Is he the Hon Minister or the Deputy Minister? He should explain to us why he wants us to take it while the Minister is not here.
    Mr First Deputy Speaker 1:25 p.m.
    Hon Member, your point is well taken. I have directed that we defer this, and so it is deferred.
    Yes, Hon Minority Leader?
    Mr Kyei-Mensah-Bonsu 1:25 p.m.
    Mr Speaker, the Hon Majority Leader is unavoidably absent and the Hon Deputy Majority Leader is acting for him. But my Hon Colleague should know that he is not acting for him as the Leader of Government Business in Parliament. That is why he is so disabled -- [Laughter.]
    Mr Agbesi 1:25 p.m.
    Mr Speaker, this morning, my information was that this Motion would be taken because the Attorney- General and Minister for Justice or her Deputy would be in the House. Mr Speaker, we just returned from the Mr Speaker's Lobby, and I was --
    Mr First Deputy Speaker 1:25 p.m.
    Hon Deputy Majority Leader, I have ruled on the matter, we have deferred it.
    Mr Agbesi 1:25 p.m.
    But Mr Speaker, I am not disabled. Indeed, you have asked both of us to go to the field now -- [Laughter.]
    Mr First Deputy Speaker 1:25 p.m.
    Hon Deputy Majority Leader, we are in your hands.
    Mr Agbesi 1:25 p.m.
    Mr Speaker, there is an item for the Committee of the Whole. It is appropriate at this time for the Committee of the Whole to be constituted.
    Mr First Deputy Speaker 1:25 p.m.
    Hon Member, you do not have the floor.
    Hon Members, this House shall stand suspended while we move into the Committee of the Whole.
    1.33 p.m. -- Sitting suspended.
    3.10 p.m. -- Sitting resumed.
    ADJOURNMENT 1:25 p.m.
  • The House was adjourned at 3.10 p.m. till Friday, 3rd July, 2015 at 10.00 a.m.