Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Subsidiary Legislation on the Local Government (Sub-Metropolitan District Councils of Metropolitan Assemblies) (Establishment, Composition and Functions) Instrument,
2015.
Introduction
The Local Government (Sub- Metropolitan Distr ict Councils of Metropolitan Assemblies) (Establishment, Composition and Functions) Instrument, 2015 (L.l. 2223) was laid before Parliament on Tuesday, 27th October, 2015 in accordance with article 11(7) of the Constitution. Pursuant to Orders 77 and 166 of the Standing Orders of Parliament, Mr Speaker referred the Instrument to the Subsidiary Legislation Committee for consideration and report.
Reference documents
The Committee referred to the under- listed documents during its deliberations:
i. The 1992 Constitution
ii.The Standing Orders of Parliament
iii. Local Government Act, 1993 (Act
462)
iv. Local Government (Sub- Metropolitan District Councils of Metropolitan Assemblies) (Establishment, Composition and Functions) Instrument, 2015 (L.l. 2223)
Deliberations
The Committee met with the Hon Minister for Local Government and Rural Development, Alhaji Collins Dauda and a technical team from the Ministry. Officials from the Attorney- General's Department were also in attendance. The Committee is grateful to them for their attendance and inputs.
Background information
In 2004, the Third Parliament enacted the Local Government (Accra Metro- politan Assembly) (Establishment) (Amendment) Instrument, 2004 (L.l. 1804), the Local Government (Kumasi Metro- politan Assembly) (Establishment) (Amendment) Instrument, 2004 (L.l. 1805) and Local Government (Shama-Ahanta East Metropolitan Assembly) (Establish- ment) (Amendment) Instrument, 2004 (L.l.
1806).
These Instruments sought to amend the structure, composition and functions of the Sub- Metropolitan District Councils of the affected Metropolitan Assemblies and revoked the analogous provisions in the earlier Instruments establishing those Metropolitan Assemblies. However, since the Instruments were enacted, their implementation has been impossible.
In view of the fact that, L.l. 1804, 1805 and 1806 revoked the analogous regulations in the original Instruments establishing those Metropolitan Assemblies, they cannot be used to establish new Sub-Metropolitan District Councils because they cease to have effect.
As an interim measure, the Minister for Local Government and Rural Development directed the affected Metropolitan Assemblies to allow staff of the Sub- Metropolitan District Councils to manage affairs pending the enactment of new legislation.
Observations
The object of L.l. 2223 therefore, is to revoke the Legislative Instruments on the Sub-Metropolitan District Councils of Accra, Kumasi and Shama-Ahanta East, among others, and enact a single new Instrument for the six existing Metro- politan Assemblies, that is, Accra, Kumasi, Sekondi-Takoradi, Tamale, Tema and Cape Coast to make for uniformity and consistency in the structure of their Sub- Metropolitan District Councils.
The Committee observed that the Local Government (Accra Metropolitan Assembly) (Establishment) (Amendment) Instrument, 2004 (L.l. 1804), the Local Government (Kumasi Metropolitan Assembly) (Establishment) (Amendment) Instrument, 2004 (L.l.1805) and Local Government (Shama-Ahanta East Metropolitan Assembly) (Establishment) (Amendment) Instrument, 2004 (L.l. 1806) sought to establish an Executive Committee of a Sub-Metropolitan Assembly, which appears to be in contravention of the law.
The Committee noted that the new L.l. 2223 seeks to establish Sub-Metropolitan District Councils for six (6) Metropolitan District Councils namely, Accra, Cape Coast, Kumasi, Sekondi-Takoradi, Tamale and Tema. The Committee also noted that Metropolitan Assemblies require District Assemblies for the effective and efficient running of the districts.
The Committee further observed that the Instrument provides for the membership of the Sub-Metropolitan District Councils, which consists of not less than fifteen and not more than twenty members. The Instrument also empowers each Council to retain not less than fifty per cent of the rates, taxes, licence fees
and other revenues collected by the Council on behalf of the Assembly in the Sub-Metropolitan District.
Conclusion
The Committee has carefully examined the Local Government (Sub-Metropolitan Distr ict Councils of Metropolitan Assemblies) (Establishment, Composition and Functions) Instrument, 2015 (L.l. 2223) and is of the considered view that the Regulations do not contravene the provisions of the Constitution, Order 166 (3) of the Standing Orders of Parliament and the Local Government Act, 1993 (Act 462) which served as a reference guide to the Committee.
The Committee accordingly recommends to the House that the Local Government (Sub-Metropolitan District Councils of Metropolitan Assemblies) (Establishment, Composition and Functions) Instrument, 2015 (L.l. 2223) should come into force at the expiration of twenty-one Sitting days as provided for under article 11(7) (C) of the 1992 Constitution.
Respectfully submitted.