Debates of 12 Nov 2015

MR FIRST DEPUTY SPEAKER
Mr Ghartey 11:58 a.m.
Mr Speaker, the importance of this institute cannot be overemphasised. The importance of taxation in the management of the economy of a nation cannot be over- emphasised as well. Taxes and tariffs are used for various things in terms of management of the economy. They are used to direct what sectors of the economy people should invest in -- what location people should invest -- [Interruption.]
rose
Mr First Deputy Speaker 11:58 a.m.
Hon Member, are you up on a point of order?
Mr Baidoe-Ansah 11:58 a.m.
Yes, Mr Speaker.
Mr Speaker, since the Hon Member declared his interest and says he feels like being in a conflict of interest situation, I thought after that he would either preclude himself or sit down for us to determine whether he could go ahead and present his view.
Mr First Deputy Speaker 11:58 a.m.
Well, actually, in such matters, once he has declared it, he is free to go ahead but he should know the boundaries.
Yes, Hon Second Deputy Speaker?
Mr Ghartey 11:58 a.m.
Mr Speaker, I welcome the --
Mr First Deputy Speaker 11:58 a.m.
Yes, Hon Member for Sekondi?
Papa Owusu-Ankomah noon
Mr Speaker, with your indulgence, I just want to assist the House and to confirm that the Hon Member for Esikadu-Ketan and Second Deputy Speaker is certainly not out of Order.
Mr Speaker, if we look at Standing Order 111, that is what it says, and with your permission, I would read in extenso;
“A Member who is a party to, or is a partner in a firm which is a party to any contract with the Government shall, in any proceedings in Parliament relating to that contract, declare his interest or that of the firm therein and shall not vote on any Question relating to that contract.”
Mr Speaker, the Hon Member is not in any contract. He is not a member of a firm which has any contract with Government,
Mr First Deputy Speaker noon
Very well. Thank you very much for your contribution.
Yes, Hon Opare-Ansah?
Mr Frederick Opare-Ansah noon
Mr Speaker, I would like to draw your attention to article 284 of the Constitution, and it reads;
“ A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office”.
Mr First Deputy Speaker noon
Well, unless you would like to tell me that with this contribution, he is putting himself in a position where -- otherwise, he is free to contribute.
Mr Ghartey noon
Mr Speaker, you will live long. There is a conspiracy this early morning. But on a lighter note, it is good that we discuss these things because as we are dealing with conflict of interest, our code of conduct will expand these areas and probably, give more clarity.
Indeed, I addressed my mind to Standing Order 111, but I thought all the same I could continue.
So, Mr Speaker, if I may continue, I am saying that taxation is so important that anybody or any law that is being made to improve the quality of tax professionals in the country should be welcomed. But Mr Speaker, once again, taking a cue from the Hon Member of Parliament for Sekondi, we must emancipate ourselves from mental slavery.
Dr Kojo Appiah-Kubi (NPP -- Atwima- Kwanwoma) noon
Thank you Mr Speaker for the opportunity to add my voice to support the Motion on the Floor of the House.
Indeed Mr Speaker, the importance of taxation cannot be overemphasised in this country. Ghana must develop. It needs development,and to finance development, we need to raise revenue. A potent source of revenue in every country, is through taxation. But in this part of our world, issues relating to taxation are perceived as something for the government and for tax collection agencies.
Members of the general public shy away from their responsibility of paying taxes because of the wrong notion that taxes are punitive and a burden on them.
The country, according to tax experts, has many wonderful statutes but little education has been done on them, thus rendering the systems and implemen- tation ineffective and inefficient.
It is, therefore, desirable that the Chartered Institute of Taxation Bill, when enacted into an Act, would contribute towards streamlining the education and training of tax practitioners in this country, thereby deepening the knowledge of taxation in this country.
With these few words, I would like to support the Motion and ask my Hon Colleagues to support this important Bill.
Thank you.
Mr Osei Bonsu Amoah (NPP-- Akwapim South) noon
Thank you, Mr Speaker.
I beg to support the Motion, that the Chartered Institute of Taxation Bill be now read a Second time.
Indeed, if there is any conflict, I need to declare that. For 10 years, I was a tax inspector, and indeed, some of my colleagues are now assistant commissioners at the Ghana Revenue Authority. It is a very important subject to which I think I should make a contribution.
This Bill is long overdue. It is quite awkward and strange that for all these years, we did not seem to have any institute for taxation. What I know is that, for those who were recruited into the Internal Revenue Service (IRS) then, they had about one year training, and then they were seen to be having diplomas even though it was not said so, and then they were sent to the various tax offices to start tax administration.
What we also saw was that any accountant who would file tax returns would tell you that he is also a tax expert. I believe that this Bill, when passed, seeks to regulate the taxation profession, which
indeed, it is, and to streamline this whole business of taxation from training to examination to practice. There would be a regulatory system that would make everybody know that if somebody says he has gone through taxation training and he is called a chartered tax practitioner, then that is what it is.
It would help the nation for several reasons. We still seem to have a problem with our culture of taxation. If we were to ask very prominent people whether they have even filed their tax returns, we would be surprised that only a few people can say that they have done that, simply because we seem to lack the advice and the professional ethics concerning this whole business of taxation.
If people are more conscious about taxation, the nation would benefit, and people would be more conscious if we have this whole profession very well organised; and people know that if they have tax problems, there are professionals that they could get to. But these professionals would also have to be regulated.
So, it is a major step that we are taking, and I believe that with the various amendments, et cetera, at the end of the day, if we pass this Bill into an Act, the whole taxation regime would benefit from it and Ghana would be better off.
With these few words, I support the Motion on the floor of the House.
Mr Murtala Muhammed Ibrahim (NDC--Nanton) noon
Thank you Mr Speaker, for giving me the opportunity to add my voice in support of the Bill for the Chartered Institute of Taxation.
I think that the issue of tax is really an issue that all of us must give attention to. I see it also as a moral duty and a responsibility that no nation or society can develop effectively and efficiently without having structures that would ensure that the needed revenue that we need to mobilise to be able to provide the basic needs of the people are done and done effectively. I think that a Bill of this nature is something that would build the capacity of those who are engaged in that business, and more importantly, also educate people on the need for them to attach importance to the payment of taxes.
Once the capacity of those who are taxed with the responsibility to do that are improved, I believe that they would be in a better position to let people see why they need to pay taxes. And of course, anybody who is paying taxes looks forward to having some benefits. It is important that the capacities of particularly those who are engaged in such responsibilities in the private and public sectors are also improved.
I think it is a Bill that is long overdue. I also believe that it would help consolidate and improve on what we already have.
With these few words, Mr Speaker, I add my voice in supporting the Bill on Chartered Institute of Taxation, 2014.
Mr First Deputy Speaker 12:10 p.m.
Hon Members, I believe it is about time for me to put the Question. I will put the Question especially because we see that there is a window of opportunity in the Bill for people who are practising and who are not yet licensed to apply to the Council within a certain period to go through the process. I think it is meaningful.
Question put and Motion agreed to.
Mr First Deputy Speaker 12:10 p.m.
Yes, Hon Deputy Majority Whip?
Mr Ahmed Ibrahim 12:10 p.m.
Mr Speaker, we could take Motion numbered 5.
Mr First Deputy Speaker 12:10 p.m.
Is the Chairman of the Public Accounts Committee in the House?
Dr Richard W. Anane 12:10 p.m.
Mr Speaker, the Chairman is out on an assignment and he requested that we take it on his behalf. So, I crave your indulgence to present the Report on behalf of the Committee.
Mr First Deputy Speaker 12:10 p.m.
But I can see him seated here?
Mr Ahmed Ibrahim 12:10 p.m.
Mr Speaker, Motion numbered 5 is from the Committee on Health.
Dr Anane 12:10 p.m.
It is from the Committee on Health?
Mr First Deputy Speaker 12:10 p.m.
Sorry -- Very well.
Since you are the Ranking Member --
MOTIONS 12:10 p.m.

Chairman of the Committee) 12:10 p.m.
Thank you, Mr Speaker.
This is the Committee on Health's Report on Ebola Vaccine trials in the country.
Introduction
Following a Statement made by Hon Emmanuel Kwasi Bedzrah on behalf of the Volta Caucus and a Statement by the Minister for Health, Hon Alex Segbefia, on the ongoing Ebola trials in the country, Mr Speaker referred the matter to the Committee on Health in line with Order 178 for consideration and report.
In considering the referral, the Committee met with the Minister for Health, Hon Alex Segbefia, the Deputy Minister for Health, Hon Victor Bampoe and the technical team from the Ministry of Health.
Other invitees were --
The technical team from Food and Drugs Authority
Vice Chancellor, University of Health and Allied Sciences
Noguchi Memorial Institute for Medical Research
Ghana Health Service Ethics Review Committee
Kintampo Health Research Unit, and
The Ghana Academy of Arts and Sciences.
The Committee is most grateful to them.
Reference documents
The Committee referred to the following documents --
The 1992 Constitution of Ghana.
The Public Health Act.
Document covering activities from the receipt of the application from the GSK and Johnson &Johnson.
Copies of communications with the GSK and Food and Drugs Authority.
Copies of communications with the Johnson &Johnson and Food and Drugs Authority.
Copies of communications with the Ethics committee of Ghana Health Service.
Reports from the Principal investi- gators on the status of approval on the GSK vaccine trial from Kintampo Health.
Brief report on what Noguchi memorial institute does and activities on the role of the institute in clinical trials.
Proposal from the University of Health and Allied Sciences on the processes and studies on the clinical trial.
Copy of Response to the Ghana Academy of Arts and Sciences.
Report of the Role of the Ethics Committee of the Ghana Health Service in the role in the Ebola Vaccine Trials in Ghana.
Report of the Ninth Meeting of the African Vaccine Regulatory Forum of the WHO.
Standard Operating Procedure (SOP) of the Ghana Health Ethics Review Committee.
Approval Letter of the Ghana Health Ethics Review Committee.
Report of a technical sub-committee proposed by the Sciences Section to advise council on news of an impending Ebola vaccine trial in Ghana.
Statement from the Academy of Arts and Sciences
Object of the Referral
The object of the referral was to ascertain:-
Whether there is an on-going clinical Ebola Virus Disease (EVD) trial in the country.
If so, whether the candidate vaccines being used are safe and pose no risk to the citizenry.
Observations
Ongoing clinical trials in Ghana
The Minister for Health, Hon Alex Segbefia, upon attending to the Committee, reiterated his earlier statement in Parliament that no Ebola clinical trials were being carried out in the country as the processes toward undertaking the proposed clinical tr ials had been suspended.
He said the Food and Drugs Authority (FDA) had earlier assured the Ministry that due diligence had been conducted and the Authority had followed the provisions of the Public Health Act, 2012, (Act 852) and that they were convinced of the safety of the vaccine.
A directive for public education to be first done to dis-abuse the minds of the public was not obeyed. It was for this reason that the processes towards the trial had to be suspended to ensure that the public education is carried out.
Mr Ahmed Ibrahim (NDC -- Banda) 12:20 p.m.
Thank you, Mr Speaker, for the opportunity given to me to second the Motion.
Mr Speaker, in seconding the Motion, we must congratulate the Committee for Health for doing a very good job, not
Mr Speaker, when you go down, with your permission, it reads 12:20 p.m.
“The rationale was that should the vaccine prove efficacious, it would be deployed immediately to help stop any possible spread of the disease.”
Mr Speaker, this reason is very logical and it confirms why Ghana was selected. It was not because of the gain that somebody was going to get from the Ebola vaccine trial -- They said they would give the volunteers a mobile phone and GH¢200. All those allegations were made but now, the facts are out.
If you should go further down, it states that the Kintampo Health Research Centre and the Oncho Research Centre in Hohoe are some of the well equipped laboratories and that is the reason those two facilities were selected.
If Ghanaians will listen to the Report of the Committee very well -- Now, we are all convinced and if we go to our houses, we can sleep very well. We have been informed by our Committee, one of the best committees of experts, which is composed of former Ministers for Health and experts from the field of health who have now informed us that these are the very reasons the clinical trials are carried out in those facilities.
With these few words, Mr Speaker, I second the Motion. Thank you very much for the opportunity.
Question proposed.
Mr Emmanuel K. Bedzrah (NDC -- Ho West) 12:20 p.m.
Thank you, Mr Speaker, for the opportunity to also add my voice to the Motion that is before us.
Mr Speaker, I spoke on behalf of the Volta Caucus primarily because issues concerning the trials came from our region and that there was supposed to be an Ebola vaccine trial in the region.
Mr Speaker, we did this with the understanding that education had not gone forth in our region. Therefore, we expected the Hon Minister for Health to come to this House to explain to us why public education had not gone forth. We were happy to have the Hon Minister for Health to come before us and explain to us that public education at a point was not enough.
Mr Speaker, the Health Committee also, in their Report, as I have here, also stated that the collaboration or the public engagement with the stakeholders -- that is the public education had not been done properly. Mr Speaker, this has vindicated us what we mentioned before this House, that we should invite the Hon Minister for Health to tell this House why such a trial would go on.
Mr Speaker, along the line, some Hon Colleagues did not believe or understand why we asked the Hon Minister for Health to come before us and explain to us. Some thought that we were overstepping some of the statutory authorities who had been mandated to do this work.
Mr Speaker, we are looking at human security, in the sense that if Ebola vaccine trial is to go on, we all know what Ebola evokes in the minds of people. The FDA has been given the mandate to go through and prove trials but we think that some of these issues that have to do with human security would be made known to
everybody. Public education should go on, so that the fear in the minds of people will be laid to the barest minimum.
Mr Speaker, with this, I would want to suggest to this House to call for the Food and Drugs Authority Bill to look at some of these issues. Mr Speaker, I suggest that when it comes to human security, issues about Ebola, issues about things we know, will affect the decision, could affect us, should come from Cabinet. I do not know how the House will accept it.
We have given the FDA the mandate to go through the various trials and to give certificates to people to go on with the trials. However, when it comes to issues of human security, like the Ebola issue, if we can give the mandate to Cabinet to inform Parliament about some of these trials, then we the representatives of the people can go back to our various communities and tell them that we have this trial coming on and it has an effect on human life, therefore, we expect you to be aware of what is upcoming.
Mr Speaker, I believe this will help all of us and also prevent what has gone on.
Mr Speaker, I would want to thank your Committee for doing a good work even though I disagree with the issue, especially in paragraph 4.9 where the compensation of GH¢200 and a mobile phone was mentioned. We gave an information. I was invited.
I have information which I gave at the public hearing. I wish you could have invited me to give that information to your Committee that GH¢200 and mobile phones were things that, indeed, those who were to do the trials requested. They told the people that they were going to give those items out. I am surprised that I was not invited; none of my Colleagues was invited. I have seen it in the Report.
Mr First Deputy Speaker 12:30 p.m.
Thank you very much.
Yes, Hon Member for Sekondi?
Papa Owusu-Ankomah (NPP -- Sekondi) 12:30 p.m.
Thank you very much, Mr Speaker, for this opportunity.
Mr Speaker, the Report of this Committee brings into a bigger focus the expectations that our people have of their Members of Parliament. Mr Speaker, the Hon Member of Parliament is expected to know almost everything that involves governance, and the welfare of the people.
The Hon Member of Parliament is the first point of call. Hence, when there was an agitation about Ebola trials, it is the Member of Parliament whose doorsteps the concerns are expressed.
Mr Speaker, it is also important that in terms of institutions in this country, we recognise that we should not be compartmentalised. The fact that an institution has a certain mandate, does not necessarily mean that in certain matters, they can operate without involving community leaders, of which the Hon Member of Parliament is the key representative.
Apart from our traditional leaders, the Hon Member of Parliament is really a community leader. And that is why when our constituents have economic problems, they come to us; when they have social problems, they come to us; and when they have financial problems, they come to us. It is not because they think we owe them anything, but in terms of our traditional and community settings,
Papa Owusu-Ankomah (NPP -- Sekondi) 12:30 p.m.
we are seen as leaders. So, I am sure if in the execution of its mandate, the FDA had, prior to their work, sought an interaction with even the Committee on Health, some of these misapprehensions and misunderstandings would have been avoided.
As a House, I also believe that when such issues come up, even before we speak publicly on them, we try and seek information. This is because we should not necessarily rely on what our people tell and become agitated. There are sources of information and when we make the effort to solicit these information, we would be in a better position to help our people and our country.
I am just hoping that this would not be the last time that our Committees would interact with relevant agencies when it comes to some of these things. I would have wished that, even before the matter was raised, the Committee on Health would have briefed this House or an Hon Member would have briefed this House through a Statement about what was happening if it did not necessarily come from Government.
I also urge our Hon Ministers to also be sensitive to some of these matters, so that when it comes to their attention, something should occur to them, that because we need the involvement and co- operation of the community leaders, they would see Members of Parliament as community leaders.
I am happy to note that, in the Report, there is no GH¢200.00 and mobile phones. That is an official position. It could be that in their zeal to get volunteers, some people on the ground could have made that promise. So, let us also recognise that there could be an official position and

unofficial position, which is very typical in our country. That is why sometimes we have a lot of our people being misinformed.

All in all, this process has helped us. Ebola is a very dangerous disease. Just a couple of days ago, there was a news item on how the people of Sierra Leone were dancing because they were declared Ebola free. It tells us that, Ebola is a terrible epidemic, that we as a country, should help when it comes to developing a vaccine. I believe that is what is intended with this vaccine.

I thank you, Mr Speaker, for the opportunity.
Mr First Deputy Speaker 12:30 p.m.
Thank you very much, Hon Member.
Yes, Hon Member?
Mr Murtala M. Ibrahim(NDC -- Nanton) 12:30 p.m.
Mr Speaker, thank you for giving me this opportunity.
I would first and foremost, commend your Committee for a good work done and also reiterate the point that, it was a concern to all of us as a people.
Of course, the kind of information that we had through the media also contributed in heightening the tension with the research, if you like, that was supposed to be done.
Mr Speaker, I am wondering whether, if people were properly informed, Ghanaians would have accepted that such a thing be done in this country, considering the fact that. Ebola was so scary that people felt it was even better for one to have the Human Immuno Deficiency Virus (HIV) and Acquired Immune Deficiency Syndrom (AIDs) than to have Ebola. People felt it was better to contract some of the deadliest diseases than to have Ebola. This is because the conclusion of everybody in this country, rightly or wrongly, was the moment a
person gets Ebola, his or her chances of survival is probably ten to ninety per cent.
However, going forward, Mr Speaker, have we learnt from what we had experienced, not just as a people in this country but as a continent and most importantly, a sub-region? Those of us who travelled at that time, every single person, from West Africa was a suspect. In some circumstances, we were given treatments that were extremely de- humanising; we needed to go through a lot of scrutiny because people were not too sure whether we had Ebola.
At that time, it was apparent that, not every country in West Africa had Ebola cases. In Ghana, for instance, we never had the disease but every single person from West Africa was subjected to that particular scrutiny. I think we need to begin learning from that experience.
That was not the first time we had Ebola in West Africa. We have had cases of Ebola in the past, but at least, the number of countries who, hitherto, were not affected by this Ebola crisis, were victims this time round. Mr Speaker, the question I ask is that, do we know the countries that can be affected should we in the most unlikely event have it again?
I think that is why we needed to have considered it as a challenge, not just for the sub-region but for the continent of Africa. I say this because people lost their lives through this but for our brothers and sisters who, unfortunately, were also affected either from Europe or America, the chances of survival was huge.
Someone could be affected; they flew the person to Europe or to America and within the next two weeks or one month, you would hear that person was cured.
It boils down to the fact that, we did not have the capacity as a sub-region to confront those problems and find so- lutions to them. Our research institutions have the capacity to do that. My challenge to everybody, particularly to the Economic Community of West African States (ECOWAS) is that, we should be working towards finding solutions, so that any time we experience things like that, we would not have this response that we have had in the past.
This is because this thing had affected us, not just the human beings but it affected the economies of those countries.
I listened to the British Broadcasting Corporation (BBC) about three days ago and what Hon Papa Owusu-Ankomah said is absolutely true.The people of Sierra Leone were not just dancing but they were recounting the effects of Ebola on their economies. People who had beaches and hotels and tourism on the whole, were hugely affected. Now, if we had Ebola, may God forbid, in another country and if Ghana is not affected, it would still affect our tourism industry.
A lot of tourists were advised in Europe and America not to travel to West Africa because there was the misconception that Ebola had affected countries in West Africa. It did not matter that Ghana was affected; as long as there was Ebola in Liberia and Guinea, the chances of Ebola spreading to Ghana or Nigeria was also very high. We need to begin learning and putting the necessary mechanisms in place, particularly, our research institutions and those who are tasked with the responsibility to manage our health and that human security the Hon Member talked about. So that anytime we experience such a thing, we can have quick and faster responses in finding solutions to them.
Mr First Deputy Speaker 12:40 p.m.
Thank you very much.
Hon Members, I will put the Question. We have had enough by way of debate on this issue, which turned out to be very sensitive, and if the points raised by the Committee are very salient, we need to guard against our rules being so laxed that we would be overtaken by events. The public education aspect of it is key. Once public education takes place, the community gets informed and Members of Parliament are involved right from the word go, so that nobody is taken by surprise.
Question put and Motion agreed to.
Resolved accordingly.
Mr Ahmed Ibrahim 12:40 p.m.
Mr Speaker, item number 11, Immigration Service Bill, 2015 at the Consideration Stage.
I think that we have about three or four clauses to finish.
Mr First Deputy Speaker 12:40 p.m.
Is that item number 11? Very well. Hon Members, Immigration Service Bill, 2015, at the Consideration Stage.
BILLS -- CONSIDERATION 12:40 p.m.

STAGE 12:40 p.m.

  • [Resumption of debate from 11-11- 2015.]
  • Mr First Deputy Speaker 12:40 p.m.
    Hon Chairman of the Committee, I believe that clause 4 has been deferred for some consultation to take place. Are there any
    other areas of the Bill that we could look at?
    Chairman of the Committee (Mr Fritz F. Baffour) 12:40 p.m.
    Mr Speaker, I beg to move, clause 17 --
    Question to be put
    We have a new rendition. In the Bill, it says that,
    “Each Deputy Comptroller-General appointed in accordance with section 16 is responsible for
    (a) Finance and Administration
    (b) Command Post and Operations or
    (c) Legal, Research and Monitoring
    (d) Any other function that the Comptroller-General, in consultation with the Council, may assign.
    We have a new rendition which we agreed with the Attorney-General's Department and it is clause 17 (1). With your permission, it states:
    “There shall be a Deputy Comptroller- General appointed in accordance with section 16 for each of the following.
    (a) Finance and Administration
    (b) Command Post and Operations or
    (c) Legal Research and Monitoring
    (d) Any other function that the Comptroller-General or the Council may assign.”
    Mr First Deputy Speaker 12:40 p.m.
    Hon Members, he has given us a new rendition. Do we have any comments to make? Otherwise, I will put the Question.
    Question put, Motion agreed to.
    Mr First Deputy Speaker 12:40 p.m.
    Yes, Hon Chairman, is that all for clause 17?
    Clause 17 as amended ordered to stand part of the Bill.
    Mr Baffour 12:40 p.m.
    We have clause 26 to 29. They are all related to the Welfare Fund. We are moving them to the Regulations, which is clause 37 (2) and to replace it as the following new paragraph;
    “(k) Matters relating to the establishment and management of a Welfare Fund for immigration officers.”
    The reason for this is that there are provisions in the Bill that do not tally with a proper Welfare Fund. So, we are pushing it to the Regulations. This is because it is about matters of welfare than an established Fund in terms of an Act.
    Mr First Deputy Speaker 12:40 p.m.
    So, do I understand you to be saying that those should be deleted?
    Mr Baffour 12:40 p.m.
    Yes.
    Mr First Deputy Speaker 12:40 p.m.
    Very well.

    I am advised that we take each amendment at a time. So, we start with clause 26.
    Mr Baffour 12:40 p.m.
    Mr Speaker, I beg to move, clause 26 -- delete.
    Question put and amendment agreed to..
    Clause 26 accordingly deleted.
    Mr Baffour 12:50 p.m.
    Mr Speaker, I beg to move, clause 27 -- delete
    Question put and amendment agreed to.
    Clause 27 accordingly deleted.
    Mr Baffour 12:50 p.m.
    Mr Speaker, I beg to move, clause 28 -- delete
    Question put and amendment agreed to.
    Clause 28 accordingly deleted.
    Mr Baffour 12:50 p.m.
    Mr Speaker, I beg to move, clause 29 -- delete
    Question put and amendment agreed to.
    Clause 29 accordingly deleted.
    Mr Baffour 12:50 p.m.
    In clause 33, we had a problem. [Pause]
    Mr First Deputy Speaker 12:50 p.m.
    Yes, Hon Chairman, I believe we next move to clause 33. Is that right?
    Mr Baffour 12:50 p.m.
    Mr Speaker, we will stand the amendment proposed down.This is because two years is the same as twenty- four months. This is upon the advice of the Attorney-General (AG).
    In clause 36, it occurs too and we would get to that.
    Mr First Deputy Speaker 12:50 p.m.
    So, would it be advisable to withdraw that?
    Mr Baffour 12:50 p.m.
    Mr Speaker, sorry; we are withdrawing it.
    Mr First Deputy Speaker 12:50 p.m.
    Very well. In that case, the proposed amendment --
    Mr Baffour 12:50 p.m.
    With the leave of Mr Speaker, we withdraw it.
    Mr First Deputy Speaker 12:50 p.m.
    So, the proposed amendment is accordingly withdrawn.

    Do we move to clause 36?
    Mr Baffour 12:50 p.m.
    Mr Speaker, again, we withdraw the proposed amendment of clause 36 subject to the leave of Mr Speaker.
    Very well.
    Leave granted to withdraw it and therefore, the proposed amendment is accordingly withdrawn.
    Mr First Deputy Speaker 12:50 p.m.
    What about clause 36, that has to do with addition of new subclauses?
    Mr Baffour 12:50 p.m.
    Yes, Mr Speaker. We would want to add the following new subclauses. It is about the complaints by the members of the public and we are adding -- [Pause]
    We are adding new subclauses to clause 36; instead of clause 36 (4), there is subclause (6).
    Mr Speaker, I beg to move, clause 36, add the following new subclause
    “A person dissatisfied with the action taken by the Comptroller- General under subsection (3) may petition the Minister in writing.”
    Mr First Deputy Speaker 12:50 p.m.
    Hon Chairman, do we not want to have a time frame? Petitioning the Minister in writing; is it forever? Do we give it a timeframe?
    Mr Baffour 12:50 p.m.
    Mr Speaker, clause 36, subclause (5), takes care of it; Mr Speaker, with your kind permission, I beg to quote:
    “The Minister shall
    (a) within fourteen days after receipt of the petition under subsection (4) make a decision on the petition; and
    (b) notify the complainant of the decision”
    Mr First Deputy Speaker 12:50 p.m.
    Yes, you are giving the Minister a timeframe; what about the petitioner?
    Yes, Hon Member for Sekondi?
    Papa Owusu-Ankomah 12:50 p.m.
    Mr Speaker, I am just wondering. Does this particular clause not deal with disciplinary matters and proceedings? If we look at Regu- lations under clause 37, it talks about disciplinary matters and proceedings.
    This one is situate specifically within that context of a disciplinary matter. This is because it talks about a complaint against an officer. It talks about an instance of bribery, neglect or non-performance of duty by officer, any other misconduct. When one complains against an officer, it then sets in motion disciplinary proceedings.
    I am just wondering whether this could not be procreated within the Regulation, where we set forth all the procedures et cetera. Probably, they have a reason for making specific provision for complaints by a member of the public against an officer or a misconduct on an officer's part. If the Hon Chairman could further enlighten us.
    Mr First Deputy Speaker 12:50 p.m.
    Yes, Hon Chairman, how do you respond to that?
    Mr Baffour 12:50 p.m.
    Mr Speaker, it is because we felt that if they did not get the response from the Comptroller-General, then they could go on to the Minister.-- [Pause]
    Mr First Deputy Speaker 12:50 p.m.
    Very well. Looking at it, it looks like this one has to do with an outsider. Am I right? The Regulations would take care of the members of the system, but to secure the right of outsiders, I think it is necessary for us to state this in the law.
    However, for us to give a timeframe -- it would be open-ended if we do not give a timeframe within which an aggrieved person can bring a notice or a petition.
    rose
    Mr Ahiafor 12:50 p.m.
    Mr Speaker, thank you for the opportunity.
    Mr Speaker, may I propose a further amendment to clause 36 (4), as follows 12:50 p.m.
    “A person dissatisfied with the action taken by the Comptroller- General under subsection (3) may petition the Minister in writing within 30 days.”
    Mr First Deputy Speaker 12:50 p.m.
    Very well.
    Yes, Hon Chairman of the Committee?
    Mr Baffour 12:50 p.m.
    Mr Speaker, that is exactly what we think is appropriate. So, we would like that an amendment of “within 30 days”, after “in writing”. -- [Pause.]
    Mr First Deputy Speaker 12:50 p.m.
    Yes, Hon Members, 30 days is fine. But 30 days from when? Thirty days from the date of what? Receipt of the whatever --
    Mr Ahiafor 12:50 p.m.
    Mr Speaker, 30 days from the date of the decision.
    Mr First Deputy Speaker 12:50 p.m.
    All right.
    Hon Members, are we all in agreement? Then I will put the Question as far as this amendment and further amendment go.
    Question put and amendment agreed to.
    Yes, Hon Chairman of the Committee?
    Mr First Deputy Speaker 12:50 p.m.
    Mr Speaker, there is an amendment for the following:
    “The Minister shall
    “(a) within fourteen days after receipt of the petition under subsection (4) make a decision on the petition; and
    (b) notify the Complainant of the decision”
    Mr First Deputy Speaker 12:50 p.m.
    Very well.
    rose
    Mr First Deputy Speaker 12:50 p.m.
    Yes, Hon Member?
    Mr Haruna Iddrisu 12:50 p.m.
    Mr Speaker, I was just wondering whether the Hon Chairman would have an objection; but “upon receipt of the petition” and “after receipt of the petition”, if he can clarify that, whether it would not have been more elegant if we say that “within fourteen days upon receipt”.
    Mr First Deputy Speaker 12:50 p.m.
    “Upon receipt” and “after receipt”. -- [Laughter] -- Can we not leave it with the draftspersons?
    Very well.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:50 p.m.
    I will put the Question with regard to clause 36 as amended —
    Mr H. Iddrisu 12:50 p.m.
    Mr Speaker, I need to seek your leave and to indulge you that in respect of clause 36 (a), just for the inclusion of “abuse of office” in (a), “an instance of bribery, corruption and abuse of office”.
    Mr Speaker, I say so because even in the Constitution, reference is made to abuse of office and in practice, we may have officials of the Immigration Service because we have committed ourselves— As I understand clause 36, it is the principle of whistle blowing, that one may not be satisfied with the rendering of a particular Public Service to which one is aggrieved about which may touch on the betrayal of the public trust. So, I would seek your leave to include the words “abuse of office” in clause 36 (a).
    Papa Owusu-Ankomah 12:50 p.m.
    Mr Speaker, I do not really think such an amendment is necessary. Is an abuse of office a misconduct? We have an omnibus clause in clause 36 (c) and I beg to quote:
    “. . . any other misconduct by an officer of the Service”—
    that encapsulates an abuse of office.
    Mr First Deputy Speaker 12:50 p.m.
    Hon Minister, how do you respond because there is an opening window which probably appears to take care of your concern raised?
    Mr H. Iddrisu 12:50 p.m.
    Mr Speaker, I am referring to the Constitution on the provisions in relation to the Commission on Human Rights and Administrative Justice (CHRAJ) and abuse of office have been used generally in the Constitution
    as a term of art and I think it covers a larger ambit of the betrayal of the public trust than just opening it to misconduct. So, I will plead with Hon Papa Owusu- Ankomah that it does no harm. It only strengthens the Regulations.
    Mr Speaker, if for instance, an Immigration Officer is dealing with a female arriving at the port and for purposes of dealing with that person, he behaves in a manner which is immoral —[Interruption]—
    I am giving an instance — one may define that in respect of a misconduct but there may be some conduct, which is clearly above the abuse of office. For instance, they are supposed to give the person fourteen days and based on some understanding, it turns out to be twenty- one days.
    It will amount to abuse of office. So, I would insist that the words “abuse of office” be inserted to include,— because—
    Mr Speaker, corruption is too broad a term; bribery too, specific. But abuse of office, under the CHRAJ provision, I would indulge you that we should just insert “abuse of office” in clause 36 (a) for abundance of caution, so that tomorrow, if any Immigration Officer is engaged in an act, which is perceived by a complainant as not conducting himself — Then we may as well have said “misconduct,” we do not define “bribery”, “misconduct, “neglect” or “non- performance”.
    But Mr Speaker, if you would allow me, I am getting the Constitution from my Hon Leader and I will point out the use of “abuse of office”.
    Mr First Deputy Speaker 12:50 p.m.
    Very well.
    While you are looking for that, I would have thought that the provision there would cover any other matter like you are raising. This is because clause 36 (c) says; “any other misconduct by an officer of the Service”.
    We realised that we cannot have an exhausted list. So, an omnibus provision like this —
    Mr H. Iddrisu 12:50 p.m.
    Mr Speaker, without using the same words, I will go to article 218 (a) and I beg to quote:
    “The functions of the Commission shall be defined and presented by the Act of Parliament and shall include the duty to investigate complaints of violation of funda- mental r ights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties.”
    So, for the Immigration Officer, it is abuse of office. I am simply saying that, to strengthen this Bill, we must include in it — The Constitution did not only end at corruption. It says “abuse of power” in respect of somebody exercising the public trust.
    So, I am sure if I peruse the Constitution further, I will try convincing Hon Papa Owusu-Ankomah and others to be persuaded in accepting the insertion of the words “abuse of office”.
    Papa Owusu-Ankomah 12:50 p.m.
    Mr Speaker, then we must as well talk about violations of human rights—[Laughter]— This is because it is stated at article 216. We are talking about professional misconduct and of course, if there is abuse of power or abuse of office and the person thinks that, well, he only gets redress by going through a formal complaint to the Immigration Service, he or she can go to the Commission on Human Rights and Administrative Justice. That expression is so vague and uncertain. But in the context of CHRAJ, it has a general mandate. We are dealing with a case where an officer misconducts himself and is subject to disciplinary action.
    Mr Speaker, in the case of CHRAJ, probably, the matter complained of may not be the subject of disciplinary action by the Department and that is why we talk about administrative justice. So, if the Hon Minister will just forget about this amendment. I believe that “misconduct” indirectly is broad enough to cover this.
    Mr Speaker, the Hon Minister talks about immoral — I do not know. He did not give a specific example but probably, what I am thinking is not what he is thinking — [Laughter]— So, if he could drop it. I am sure that clause 36 (c) is broad enough to cover his concerns.
    Mr Baffour 12:50 p.m.
    Mr Speaker, I agree with Hon Papa Owusu-Ankomah. I think that the word “misconduct” is broad enough to cover all that -- “abuse of power” and abuse of office”.
    Mr First Deputy Speaker 12:50 p.m.
    Very well. Since that is a general consensus, I will put the Question to clause 36 as amended to standing part of the Bill. That is where I was before the Hon Minister brought this proposal.
    Question put and amendment agreed to.
    Clause 36 as amended ordered to stand part of the Bill.
    Mr Baffour 12:50 p.m.
    Mr Speaker, the amendment for the Schedule has been withdrawn on the advice of the Attorney- General (AG) —
    Mr First Deputy Speaker 12:50 p.m.
    Very well.
    Dealing with the rankings. Is that it?
    Mr Baffour 12:50 p.m.
    Yes, Mr Speaker. The rankings.
    Mr First Deputy Speaker 12:50 p.m.
    Very well. Leave is granted for the withdrawal.

    So, I will put the Question with regard to the Schedule standing part of the Bill.

    The Schedule ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:50 p.m.
    Hon Members, since we have deferred the consideration of clause 4, it would be better for us to defer taking the Long Title now until we have dealt with clause 4.
    Hon Members, this brings us to the end of Consideration Stage for today.
    Hon Second Deputy Majority Whip?
    Mr Ahmed Ibrahim 12:50 p.m.
    Mr Speaker, as we are all aware, tomorrow is a very special day and on that note, I beg to move, that we bring proceedings to an end till tomorrow at 10.00 O'clock in the fore- noon.
    Dr Richard W. Anane 12:50 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    ADJOURNMENT 12:50 p.m.

  • The House was accordingly adjourned at 1.11 p.m. till Friday, 13th November, 2015 at 10.00 a.m.