Debates of 22 Dec 2015

MR SPEAKER
Mr Speaker 7:50 p.m.
Hon Majority Leader?
Mr Bagbin 7:50 p.m.
Mr Speaker, after an intensive consultation, we propose that we suspend the consideration of the Motion on the Eurobond, which is Motion number 16 on the Order Paper, till tomorrow.
Mr Speaker, we have agreed to continue with the consideration of the Appropriation Bill, 2016.Tomorrow, we will continue with the rest of the business and the House would rise sine die.
Mr Speaker 7:50 p.m.
Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 7:50 p.m.
Mr Speaker, the Hon Majority Leader is right in declaring that we have had some consultations. Arising out of that, we have decided to hive off the consideration of the Eurobond and deal with the Appropriation Bill, 2016.
There are some matters we may not be able to consider tomorrow, even if we should Sit. They are matters that we still cannot deal with. I believe we would come out with further and better particulars on those matters.
Mr Speaker 7:50 p.m.
Hon Majority Leader, I thought that even if we took the Eurobond tomorrow, we needed to clarify the position regarding what happened, what led to the suspension of the House. It is important, so that tomorrow, when we want to take it, it would not create another problem. [Pause.]
Mr Bagbin 8 p.m.
Mr Speaker, the House had an intensive debate on Motion numbered 16 on the Order Paper. The debate was concluded; the Question was put; a voice vote was taken. However, the Hon First Deputy Speaker, relying on the Standing Orders, decided that a headcount be conducted.

Mr Speaker, the total number, according to the tellers who were definitely chosen by the Hon First Deputy Speaker was 133, which fell short of the quorum of 138.

Mr Speaker, at that time, an issue was taken with the count and the House had to be suspended. [Interruption] -- As a result-- [Interruption.]
Mr Speaker 8 p.m.
Hon Members, let us have some order.
Mr Bagbin 8 p.m.
Mr Speaker, the Hon First Deputy Speaker, clearly ruled that since we did not form a quorum, what had taken place was a nullity. That was the ruling of the Hon First Deputy Speaker.
Mr Speaker, since there was disagreement and the Hon Leaders, together with the Hon First Deputy Speaker had a difficulty in coming to a consensus, we had to suspend Sitting, so that we could use the usual channels to try to build a consensus.
Mr Speaker, we have had intensive discussions and consultations and as I indicated earlier, it is the pleasure of the House that we suspend the consideration of item number 16 on the Order Paper for today until tomorrow.
Mr Speaker, we have decided to consider only the Appropriation Bill today. That decision was convincing and I was empowered to draw your attention to reconvene the House and to preside over the deliberations of the Appro- priation Bill. That is exactly what happened, Mr Speaker.
Mr Kyei-Mensah-Bonsu 8 p.m.
Mr Speaker, the chronology of events is as follows: We had a debate on the Eurobond; the debate had concluded and the Hon First Deputy Speaker, in conformity with Standing Order 109, proposed a Question for a decision to be made.
Subsequent to that, a voice vote was called for by the Hon First Deputy Speaker and in the mind of the Hon First Deputy Speaker, apparently, it was not too clear the direction of the voice votes.So, he himself arrested the declaration and called for a headcount.
When the headcount was taken, the tellers, who, as usual, are the Clerks-at- the-Tabl,e supported by some other officers of Parliament, submitted the declaration to the Hon First Deputy Speaker. For a while of about 10 minutes, there was an intense consultation between the tellers and the Hon First Deputy Speaker.
Eventually, the declaration came out that, the Ayes votes were 66 and the “Noes” votes were 67. Upon that, he declared that, we did not have the quorum to have undertaken that exercise - the proposal that he submitted to the House.
Mr Speaker, the argument from some of us was that, the Hon First Deputy Speaker ought to have himself premised on Standing Order 109 before putting the Question to the plenary for determination.

Mr Speaker, be that as it may, he had made the declaration that, according to the tellers and what they had submitted to him, we did not have the correct number. The Hon First Deputy Speaker then went further to declare that the exercise that we had indulged in was an exercise in futility, which meant that we were back to square one.

Mr Speaker, that was the interpretation the Hon First Deputy Speaker gave and that became contentious. Ultimately, because the Hon First Deputy Speaker is responsible for order in the House, he then pulled out that authority and declared that we needed to have some consultations.

Mr Speaker, we have been in consultations for a while now and we have come to some general agreements.The Hon Majority Leader has made the pronouncement that we have agreed that we take the Appropriation Bill.

Mr Speaker, this is because after all, the language of the Bill is that the authorities may be allowed to spend allocations up to a certain amount and so, if we cannot deal with the Eurobond, we can isolate it and deal with it subsequently. I would not breach any law. So, it is a proposal that is coming from the consultations that we have had.

Mr Speaker, on that basis, we could deal with the Appropriation Bill for the time being.

Thank you, Mr Speaker.
Mr Speaker 8 p.m.
Hon Members, I do not intend to take a positon, which is different from the positon, taken by the House and the Leader in consultation. However, I want to make some points very clear, not for this House alone but for further Parliaments.
Hon Members, you are aware that this House is not supreme. We are subject to the Constitution of the Republic of Ghana.The rule is that, where the Constitution has made a provision for regulation of the business of the House, they take precedence over any other, indeed, the Standing Orders of this House.
There is quorum to do business and that is one third of the House and there is quorum to take a decision. So, we need to draw a distinction between the quorum to do business and the quorum to take a decision. The quorum to take a decision is regulated by article 104 (1), which provided as follow:
“Except as otherwise in this Constitution, matters in Parliament shall be determined by the votes of the majority of members present and voting with at least half of all the members of Parliament present”.
The fundamental question is that, the time that the vote was taken, did we have at least, half of the Hon Members present? It is a constitutional issue which has been captured in the Standing Order 109 (1) of our Standing Orders.

Once we lack the constitutional capacity to take a decision, that is what would be read into the Hansard -- the 67 and the 66, as we speak, is what the Hansard has captured and that is what somebody could take a court action on.

If somebody wants to raise a legal or constitutional issue, that is what he would take to court and they would find out whether we have the number to take the decision and if 133 definitely is not half of

the House -- Let us get this. This is the first time we are confronted with an issue where a headcount has been taken and we do not have the numbers -- since 1993 that I have been in this House, this is the first time that we have been confronted with this issue where a headcount has been taken and the results that were brought show that we did not have the required number.

We have taken headcounts in this House several times, from the First Parliament to the Sixth Parliament.This is the first time we have been confronted with this situation and I should use this opportunity to clarify the law and practice of this House.

Hon Members, the Supreme Court has ruled in AmoakoTuffour vs the Attorney- General , that nobody can make constitutional what is unconstitutional and vice versa.

That incident happened in this House in the Third Republic and it went to the Supreme Court. Whether the Question has been put or it has not been put, once we do not have the number to take the decision, it is of no --

Hon Members, if you had had the required number to take the decision, then you may have to go for rescission under Standing Order 93 to rescind the decision. But now, we do not have the number to take the decision. So, no decision, in effect, has been taken by virtue of the Constitution.

This is the first time that this matter has confronted us -- I thought I should use the opportunity to clarify the position for the records and for future reference.

Hon Members, since the decision is that, we take the Appropriation Bill and come back tomorrow, we will move to take the Appropriation Bill accordingly.

Hon Majority Leader, has the Report of the Committee been laid?
Mr Bagbin 8:10 p.m.
Not yet, Mr Speaker.
Mr Speaker, we would want to crave your indulgence, that the Report of the Finance Committee on the Appropriation Bill be laid now. We can get it at item 4 (c) (vi) at page 4 of the Order Paper.
Mr Speaker 8:10 p.m.
Hon Members, presenta- tion of Papers -- Item number 4 (c) (vi) -- by the Hon Chairman of the Finance Committee.
PAPERS 8:10 p.m.
Dr A. A. Osei 8:10 p.m.
Mr Speaker, I need your clarification.
I see item number 5 and I am aware that the Hon Minister laid the Bill earlier. So, I wonder -- do we need (c) (vi) again?
Mr Speaker 8:10 p.m.
It is the Report of the Committee.
Hon Member for Old Tafo, they are laying the Report of the Committee.
rose
Mr Speaker 8:10 p.m.
Yes?
Mr Kyei-Mensah-Bonsu 8:10 p.m.
Mr Speaker, I just inquired and I have been told that the Appropriation Bill was laid in the House by the Hon Minister for Finance this morning. It has to do with the arrangement of business because certainly, that ought to have followed the First Reading of the Bill. The Hon Chairman's Report ought to have come after the --
Mr Speaker 8:10 p.m.
Yes, I learnt the Bill was laid and referred to the Committee on Finance for consideration and report. It is now their Report which they are now laying to pave way for the Second Reading of the Appropriation Bill to be taken.
Mr Kyei-Mensah-Bonsu 8:10 p.m.
Mr Speaker, what we have in item number 5 is Presentation and First Reading of Bills. Earlier in item 4 (c) (vi), we have the Report of the Finance Committee on the Appropriation Bill.
I am relating it to the sequence, that this one ought to have come after.
Mr Speaker 8:10 p.m.
Yes, you have a point there. Even though on the Order Paper, it is not in that order, in terms of the way they are going about it, it is in that order. [Pause.]
Hon Members, my attention has also been drawn to Standing Order 53, which deals with the Order of Business. If you look at the Order of Business, Presentation of Papers precedes Presentation of Public Bills. That is why the Clerk-at-the-Table has arranged it in this way.
But in the presentation of the Bill, First Reading would be taken, the Committee Report comes before the opportunity is given for the Second Reading to take place and that is what we are doing now.
Yes, Hon Member for Old Tafo?
Dr A. A. Osei 8:10 p.m.
I asked the question earlier because I thought once we did item number 5, then the Committee was in the position to consider that Report. So, how we put the order as 4 (c) (vi) is not the best. It should have come as an Addendum, I believe. So, let us see that it is a mistake and next time we will --
Mr Speaker 8:10 p.m.
Hon Member, the only reason that it is done this way -- For example, if we were not taking it today, it would have gone the way you are suggesting. However, because we are also taking the Report -- they classified the submission of the Report under Presentation of Papers. However, we have not taken it; we are now going to take it.
Hon Members, let us make progress.
Yes, Hon Majority Leader?
Mr Bagbin 8:10 p.m.
Mr Speaker, I propose we take item 33 at page 17 of the Order Paper.
Mr Speaker 8:10 p.m.
Hon Members, item number 33 - Motions.
Hon Minister for Finance?
MOTIONS 8:10 p.m.
Minister for Finance (Seth E. Terkper) 8:20 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no Motion shall be debated until at least, forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the Second Reading of the Appropriation Bill, 2015 may be moved today.

Hon Chairman of the Committee (Mr James K. Avedzi): Mr Speaker, I beg to second the Motion.

Question proposed.
rose
Mr Kyei-Mensah-Bonsu 8:20 p.m.
Mr Speaker, we just dealt with the Bill, that it should rather read 2015. I heard the Hon Minister read “2015” instead of “2016” as captured on the Order Paper. The Hon Minister is right but then it means that this one should be amended. It is 2015 and not 2016. This means that the Report from the Finance Committee should also reflect same -- it should be Appropriation Bill, 2015 and not 2016.
Mr Speaker, so, if those corrections would be effected for purposes of the record.
Mr Speaker 8:20 p.m.
So, should he take the Motion again or should it be amended to read “2015” and we just go ahead?
Yes, Hon Majority Leader?
Mr Bagbin 8:20 p.m.
Mr Speaker, the Hon Minister, in moving the Motion, amended it to 2015.
Mr Speaker 8:20 p.m.
Very well.
The Hansard should capture it as 2015 and not 2016 as advertised on the Order Paper.
Yes, Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 8:20 p.m.
Mr Speaker, what we have here is 2016. The Hon Minister knows that what we have here is incorrect and so, he did the right thing. He should have signalled the House that what is captured here is inaccurate and accordingly, amend it, so that the House would follow.
Mr Speaker 8:20 p.m.
Yes, Hon Minority Leader, you have drawn our attention to it. That is what he should have done, when he moved the Motion. We are told that he corrected it without informing the House formally. So, let us take it that he has informed the House.
The Hansard will capture it as “2015”, except that the Hon Minister did not put the House on notice by telling us it should have read 2015 before moving the Motion. Now that our attention has been drawn, that he read “2015" and not “2016” we take it as such.
This is not a constitutional matter; so, we can take it as such. We can go ahead and put the Question.
Yes, Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 8:20 p.m.
Mr Speaker, if a Question is asked, and the Hon Minister submits a written response to this House, we take it that what is provided on the Order Paper is what should be captured --
Mr Speaker 8:20 p.m.
I agree with you. You have drawn our attention to it. The Hansard has captured it and so, I will put the Question.
Hon Members, this is a procedural Motion.
Question put and Motion agreed to.
Minister for Finance (Mr Seth E. Terkper) 8:20 p.m.
Mr Speaker, in moving the Motion, I beg to make an amendment to “2016” on the Order Paper to read as
“2015.”
Mr Speaker 8:20 p.m.
Yes, Hon Minister for Defence?
Dr Kunbuor 8:20 p.m.
Mr Speaker, I do not seek to arrest this matter, but the point the Hon Minority Leader raised is why I am on my feet.
All these could be cured depending on how the Question is put. If the Question is put in relation to this Motion, we can have a problem, but if it is put in relation to the Motion as amended, it gets onto the records properly.
This is what I wanted to draw Mr Speaker's attention to. I got it as the Question was put on the Motion as it stands.
Mr Speaker 8:20 p.m.
No! It was put on the amended Motion.
Yes, Hon Minister?
Mr Terkper 8:20 p.m.
Mr Speaker, I beg to move, that the Appropriation Bill, 2016 be now read the Second time.
Mr Speaker, the object of the Bill is to provide for the appropriation for the fiscal year, 2016. It is in accordance with article 179 (2) of the Constitution, which requires that estimates of expenditure of public offices be included in an Appropriation Bill to be introduced in Parliament to provide for the issue of funds from the Consolidated Fund and other Funds to meet Government expenditures.
Mr Speaker, in view of the above, this House is requested to approve an Appropriation of GH¢50,109,851,734.00 for the purposes specified in the first, second and third schedules of the Bill.
Question proposed.
Chairman of the Committee (Mr James K. Avedzi) 8:20 p.m.
Mr Speaker, I beg to second the Motion moved by the Hon Minister for Finance and in doing so, I present your Committee's Report.
Mr Speaker, I would like to make some amendments to the Report, that the cover page of the Report should read “2015” instead of “2016”. Also, at the introduction, in the first line, the year “2016” is amended to read “2015”.
Introduction
The Appropriation Bill for the 2016 financial year was presented to Parliament on behalf of the Hon. Minister for Finance by the Hon Deputy Minister for Finance, Mr Cassiel Ato Baah Forson and read for the First time on Tuesday, 22nd December, 2015 and referred to the Finance Committee for consideration and report in accordance with article 179 (2) of the Constitution and Order 169 of the Standing Orders of the House.
This follows the presentation of the Budget Statement and Economic Policy of the Government for the 2016 financial year by the Hon Minister for Finance. The Committee was also to determine whether the Bill was of an urgent nature.
Pursuant to the referral, the Committee met and discussed the Bill with the Hon Minister for Finance, Mr Emmanuel Seth Terkper, his Deputies, Mr Cassiel Ato Baah Forson and Ms Mona K. Quartey and the technical team from the Ministry of Finance and reports to the House in
accordance with article 106 (5) of the Constitution.
The Committee is grateful to the Hon. Minister and his Deputy and the technical team for their assistance.
References
In examining the Bill, the Committee referred to the following additional documents:
The 1992 Constitution of the Republic of Ghana
The Standing Orders of the Parliament of Ghana
The Budget Statement and Economic Policy of the Government of the Republic of Ghana for the 2015 financial year
The Budget Statement and Economic Policy of the Government of the Republic of Ghana for the 2016 financial year
Report of Parliamentary Committees on the 2015 Annual Estimates of Ministr ies, Departments and Agencies (MDAs).
Background Information
In accordance with article 179 of the Constitution, the Minister for Finance acting on the authority of His Excellency, the President has requested the House to approve and authorise the withdrawal of moneys from the Consolidated Fund and
for the withdrawal from other Funds for the running of the State for the 2016 financial year.
To this end, the Minister for Finance acting on authority of the President presented the Budget Statement and Economic Policy of the Government of the Republic Ghana for the 2016 financial year to Parliament.
Parliament accordingly debated and adopted the Polices outlined in the Budget and the Annual Estimates of Ministries, Departments and Agencies were accordingly approved to allow the MDAs implement the programmes outlined in the Budget.
The Minister for Finance has further presented an Appropriation Bill seeking Parliamentary approval for funds to be issued from the Consolidated Fund to support the implementation of the 2016 budget pursuant to article 179 (7).
Object of the Bill
The object of the Bill is to provide for appropriation for 2016 by seeking Parliamentary approval to enable the sums of moneys not exceeding fifty billion, one hundred and nine million, eight hundred and fifty-one thousand, seven hundred and thirty-four Ghana cedis (GH¢50,109,851,734) to be issued from the Consolidated Fund during the 2016 financial year for the purpose of meeting Government expenditure.
The Schedules to the Bill specify the purposes for which the sums shall be appropriated.
Clauses of the Bill
The Bill has five (5) clauses and 4 schedules. Sum of money to be issued from the Consolidated Fund for the 2016
Chairman of the Committee (Mr James K. Avedzi) 8:20 p.m.
financial year is provide for in clause 1. Clause 2 deals with Internally Generated Funds which MDAs would be permitted to retain while clause 3, indicates the payment of Monday on authorisation of the Minister for Finance.
The commencement date of the Acty clause is specified in clause 4 and clause 5 repeals the 2014 Appropriation Act, (Act 881). Schedule 1 provides for the total appropriation expenditure by items while schedule 2, details IGF retention breakdowns.
A summary of Expenditure by MDA, Economic Item and Funding is outlined in schedule 3, whereas schedule 4, gives a summary of Expenditure by Programme, Economic Item and Funding.
Summary of Expenditure covered in schedules 1 and 3 of the Bill are attached as Appendices “A” and “B”.
Observations
Urgency
The Committee has determined that the Bill is of an urgent nature and should be taken through all the stages of passage in one day. The Committee argues that Parliament would be rising for Recess till probably the third week in January, 2016.
The Government's financial year on the other hand, commences on 1st January, 2016 and since by article 178 (2) moneys cannot be withdrawn from the Consolidated Fund unless the issue of those moneys has been authorised by or under the authority of an Act of Parliament, there is the need for the Bill to be passed under a certificate of urgency
and taken through all the stages in one day in accordance with Order 119.
Constitutional Requirement
The Committee remarks that the Bill is in accordance with the constitutional requirement under article 179 (2) which among others stipulates that:
“the estimates of the expenditure of all public offices and public corporations other than those set up as commercial ventures shall be classified under programmes or activities which shall be included in a bill to be known as Appropriation Bill and which shall be introduced into Parliament to provide for the issue from the Consolidated Fund or such other appropriate fund of the sums of moneys necessary to meet that expenditure and the appropriation of those funds for the purposes specified in that Bill”.
Recommendation and Conclusion
The committee having carefully considered the Bill, recommends that the House adopts its Report and approve the sum of money not exceeding fifty billion, one hundred and nine million, eight hundred and fifty-one thousand, seven hundred and thirty-four Ghana cedis (GH¢50,109,851,734) to be issued from the Consolidated Fund and for withdrawal from other funds for the purposes of financing all Government operations during the 2016 financial year.
Further, having regard to article 178, the Committee also recommends to the House to take the Bill through all the stages in accordance with106 (13) of the Constitution and Order 119 of the Standing Orders of the House.
Respectfully submitted.

SPACE FOR APPENDIX ‘A' - PAGE 9 - 8.20 P.M.
Chairman of the Committee (Mr James K. Avedzi) 8:20 p.m.


SPACE FOR 1.3 APPROPRIATION BILL - PAGE 12 - 8.20 P.M.
Dr Anthony A. Osei (NPP -- Old Tafo) 8:30 p.m.
Mr Speaker, at the time of writing the Report, the assumption was that, we were going to rise today -- there was an urgency. However, given that we have decided that we would want to Sit tomorrow, I do not know if there is still an urgency. So, we might decide to do it tomorrow.
I am saying this because the Committee's Report is saying that and I would want us to know that that was our reason. But it is no longer a reason. So, Hon Members may take it that, it is no longer an emergency. The truth is that we thought we were going to rise today.
Mr Speaker, somebody has attached the wrong Appendix and I thought the Hon Chairman would have mentioned it. I do not believe the Appendix I have as 1.1 is the right one; Appendix A -- maybe, in a rush. Looking at the Hon Minister's Memorandum, that Table is different from what we have.
Mr Avedzi 8:30 p.m.
Mr Speaker, I think that the Hon Ranking Member is right. With appendix A, which is 1.1 Appropriation Bill, Schedule 1 in the Report, the amount for Domestic Finance, fifth line, counting from the bottom, the amount in the Appendix attached reads GH¢585, GH¢585,108,667.00. The amount should read: GH¢1,783,212,516.00.
Mr Speaker 8:30 p.m.
The figures of Domestic Finance again.
Mr Avedzi 8:30 p.m.
Mr Speaker, the figure should read: GH¢1,783,212,516.00. The difference between this figure and the one in Appendix A is the figure for allocation
or transfer to the Ghana Infrastructure and Investment Fund and that amount is: GH¢1,198,103,849.00. That is the cause of the difference.
So Mr Speaker, I correct the Appendix accordingly.
Dr A. A. Osei 8:30 p.m.
Mr Speaker, since he gave that number, he changed the Domestic Finance to the right one, which is GH¢1,783,212,516.00. Therefore, the top should also change. Capital Expenditure now should also change.
Mr Avedzi 8:30 p.m.
So, now the Capital Expenditure total would read: GH¢6,676,877,262.00.
Thank you, Mr Speaker.
Dr A. A. Osei 8:30 p.m.
Mr Speaker, I think that with that correction, the rest are alright. The reason the Hon Chairman and I agree is that we would check all the numbers and make sure that this does not occur. So, I think it is appropriate.
Mr Speaker 8:30 p.m.
Yes, Hon Member for Nhyiaeso?
Dr Richard Anane (NPP -- Nhyiaeso) 8:30 p.m.
Mr Speaker, during the debate on the estimates for the Ministry of Health, attention was drawn to the issue of an appropriation or a projected appropriation of GH¢92.8 million from the National Health Insurance Fund to the Ministry of Health to cater for vaccination pro- grammes.
Mr Speaker, the House generally appeared to have the same sense, which is that there should be a reconsideration of that. And we had hoped that under Other Government Obligations, this could have been considered. Looking at the Appropriation and looking at how things have gone, we did not see that.
Mr Samuel A. Akyea (NPP -- Abuakwa South) 8:30 p.m.
Mr Speaker, turning to the First Schedule, section one, there is a transfer to the Ghana National Petroleum Corporation (GNPC) in a whooping sum of GH¢566,952,440.00.
Mr Speaker, the record of this House is clear, that several amounts of moneys had been given to GNPC that were never spent. As a matter of fact, they became a lending outlet for all manner of things. So, I would want the Hon Minister for Finance to clarify what has necessitated the need to inject such huge sums of moneys to GNPC, when moneys of previous allocations were not utilised.
Thank you, Mr Speaker.
Mr David Oppon-Kusi (NPP -- Ofoase/ Ayirebi) 8:40 p.m.
Mr Speaker, in my contribution, I would like us to look at section 1 of the First Schedule. This House is being asked to approve GH¢50,109,851,734.00 and in the ordinary man's term, this is the amount available to run the country.
Mr Speaker, I also note that, out of this amount, about GH¢14 billion is meant for Compensation. Again, looking at the Table, interest payment is about GH¢10.4 billion. I also noted that Amortisation, which is also part of the repayment of our loans is GH¢3.664 billion.
Dr Kunbuor 8:40 p.m.
On a point of order.
Mr Speaker, I am not sure of the stage we are on this Bill. Are we at the Consideration Stage or in the Second Reading? This is because I am hearing references to specific schedules, and not the --
Mr Speaker 8:40 p.m.
Hon Defence Minister, at the Second Reading Stage, we look at the Committee's Report, the Memorandum and the Bill. These are the three documents that we look at at the Second Reading of the Bill. Once he is referring to any of these documents, he is within the rules of the House.
Mr Oppon-Kusi 8:40 p.m.
Mr Speaker, put together, we are spending about GH¢16 billion to what we owe and about GH¢14 billion for Compensation of employees. Mr Speaker, if I put these two figures together,
we are spending GH¢30 billion for Compensation and for what we owe. We are then left with only GH¢20 billion to run the country.
Mr Avedzi 8:40 p.m.
On a point of order.
Mr Speaker, the Hon Member said that the interest payment and amortisation totalled GH¢16 billion -- [Interruption] -- GH¢14 billion? I heard GH¢16 billion. So, I wanted to find out if he talked about GH¢16 billion.
Mr Oppon-Kusi 8:40 p.m.
Mr Speaker, I said I was looking for commitments that we need to pay -- interest payment, amortisation and non-road arrears is GH¢16 billion and Compensation to employees which we have to pay is GH¢14 billion. I said that in total, we are committed to paying GH¢30 billion.
Mr Speaker, this GH¢50 billion is not money that is available. It is money we expect to be generated, over next year, either through taxes or other sources of income. There is always the possibility that there may be a shortfall.
Mr Speaker, if there is a shortfall, it will not affect these payments; it will affect the balance of money that we need to run this country. Out of that, we have about GH¢5.4 billion for Capital Expenditure. We know that when there is a shortfall, it affects the Capital Expenditure.
Mr Speaker, with this kind of structure, how can we move this country forward when only GH¢20 billion out of the GH¢50 billion, which is available to run the country.
Mr Clement K. Humado 8:40 p.m.
On a point of order. [Interruption.]
Mr Speaker, my Hon Colleague at the other side is building his argument on a figure we have already corrected. He is still referring to the old figure under capital expenditure. He mentioned GH¢5.4 billion, instead of GH¢6.6 billion. I would want him to correct that.
Mr Oppon-Kusi 8:40 p.m.
Mr Speaker, I do not know where he got his figures from. I am reading from the Table on Capital Expenditure, GH¢5,478,773,413.00.
Mr Bagbin 8:40 p.m.
Mr Speaker, my Hon Colleague did not get the amendment that was made earlier on Capital Expenditure. It was amended to read GH¢6,676,877,262.00. He is still quoting the old figure. So, it has been amended.
Mr Oppon-Kusi 8:40 p.m.
Mr Speaker, I accept the amendment, but I am still looking at the principles. Even if we have GH¢7 billion for Capital Expenditure, I said that if there is a shortfall, it will affect it. We know, when we look at the Budget Statement, most of the time, when there is not enough money released to the agencies, we pay all other commitments and then Capital Expenditure suffers.
Mr Kobina T. Hammond (NPP -- Adansi Asokwa) 8:40 p.m.
Thank you very much, Mr Speaker.
I have also been looking at the First Schedule, Section 1. Mr Speaker, what I find here is, some provision has been made for subsidies on petroleum products in the amount of GH¢50 million. I am wondering what petroleum products would be subsidised in this country to require GH¢50 million to deal with that.
Mr Emmanuel Armah-Kofi Buah 8:40 p.m.
Mr Speaker, I am surprised that the Hon Member is not aware that there is still subsidy on premix fuel and marine gas oil.
Mr Speaker 8:40 p.m.
Hon Minority Leader, would you want to contribute?
Mr Kyei-Mensah-Bonsu 8:40 p.m.
Mr Speaker, not really, except to raise issue with the justification provided by the Hon Minister for Finance, in moving the Motion, that is, the Motion listed as item numbered 34, on page 17 on the Order Paper. He related to article 179 (2) of the Constitution, which provides, Mr Speaker, with your permission, I beg to read:
“The estimates of the expenditure of all public offices and public corpo- rations…”
Mr Speaker, there are no exceptions.
“The estimates of the expenditure of all public offices and public corporations, either than those set up as commercial ventures --
(a) shall be classified under programmes or activities which shall be included in a Bill known as the Appropria- tion Bill and which shall be introduced into Parliament to provide for the issue from the Consolidated Fund or such other appropriate fund, of the sums of money necessary to meet that expenditure and the appropriation of those sums for the purposes specified in that Bill.”
Mr Speaker, as I said, there are no exceptions to that Bill, which is why in the morning, we argued that it is important that the programme of activities of GNPC be submitted to this House for approval.
Mr Speaker, it is contingent upon the approval of the Appropriations Bill. It is equally so for the Ghana Infrastructure Investment Fund (GIIF). We need to be served with the programme of activities, which these appropriations are required or purposed to serve.
Mr Speaker, that would then position Parliament in tracing and tracking the use of the amount allocated in fulfilment of our oversight responsibilities. Mr Speaker, it is just for purposes of emphasis that we are dealing with this. We want some assurance from the Hon Minister
that as soon as practicable, these would come to Parliament.
Thank you, Mr Speaker.
MrBagbin 8:50 p.m.
Mr Speaker, I would want to say that the article referred to talks about programmes or activities. Now, we are dealing with programme-based budgeting. When the programmes are covered, that satisfies this provision. The article talks about programmes or activities, not both.
Dr A. A. Osei 8:50 p.m.
On a point of order.
Mr Speaker, the Hon Majority Leader is not giving us the right information.
The estimates that we have approved from the Ministries, Departments and Agencies (MDAs) do not include GIIF. GIIF is separate. So, he cannot make that assertion.
The reason we brought attention to it is that, GIIF is a special line item. In fact, he should go to the table and see what is there.
Mr Speaker, the GH¢585 million that we have here are those belonging to the MDAs, which have programmes. There is no programme mentioned except in the
Budget Statement that the Ministry would be transferring some projects. We do not know which ones. That is the reason. My Leader's point is correct. We can move on but to say that we have done that, is not entirely accurate.
Mr Speaker 8:50 p.m.
Hon Minister, you will be winding up, so take the opportunity at that stage to clarify whatever point you would want to make.
Mr Bagbin 8:50 p.m.
Mr Speaker, GIIF is just a Fund and moneys will come from a source into that Fund like the Ghana Education Trust Fund (GETFund) and National Health Insurance Fund (NHIF). There are programmes for which that Fund would be applied. It would be applied across sectors -- [Interruption] a number of sectors. Why? You are not getting it?
Dr A. A. Osei 8:50 p.m.
Mr Speaker, on a point of order, I think -- [Pause] Mr Speaker, I thought you were resting your eyes.
Mr Speaker 8:50 p.m.
You have the Floor, so, why are you doing that? -- [Laughter.]
Hon Members, let us move on.
Hon Minister, kindly wind-up.
Mr Terkper 8:50 p.m.
Mr Speaker, I wish to thank Hon Members for their comments, some of which we would take into consideration. In doing so, I would like to point out that the alignment that we stated as a policy, is not entirely alien to this House.
Mr Speaker, if you look at the formula for the National Health Insurance Levy (NHIL), as is usually, an allocation is made to the Ministry of Health. If you look at the formula, there is an allocation and when NHIL publishes its statements, there are certain programmes under the Ministry of Health where these funds are made similar to GETFund and others.
Mr Speaker 8:50 p.m.
Hon Members, that brings us to the end of the debate.
Question put and Motion agreed to.
The Appropriation Bill, 2015 was accordingly read a Second time.
Mr Speaker 8:50 p.m.
Item 35 on the Order Paper -- Motion.
Hon Minister for Finance.
MOTIONS 8:50 p.m.
Minister for Finance (Mr Seth E. Terkper) 8:50 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128 (1), which require that when a Bill has been read a Second time, it shall pass through a Consideration Stage, which shall not be taken until at least, forty-eight hours have elapsed, the Considera-tion Stage of the Appropriation Bill, 2015 may be taken today.
Mr Avedzi 8:50 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 8:50 p.m.
Item 36 - Appropriation Bill, 2015 at the Consideration Stage.
BILLS -- CONSIDERATION 9 p.m.
STAGE 9 p.m.
Mr Speaker 9 p.m.
Hon Members, I do not know how many Schedules you have attached to your Bill. I want to clarify this before I start. This is because what I have is up to Second Schedule. But I have realised that there are additional Schedules attached to the Bill but they have not been classified.
For all of us to be on the same page, it is important that we get that thing clear, so that when I call the Third and Fourth Schedules, we know what we are talking about and where they are starting from.
Hon Chairman of the Committee, I want to get that, so that --
Mr Avedzi 9 p.m.
Mr Speaker, there are four Schedules attached to the Bill -- the First Schedule, which is the Appropriation Bill --
Mr Speaker 9 p.m.
Is it the third one that starts with 1.3?
Mr Avedzi 9 p.m.
It is 1.1
Mr Speaker 9 p.m.
Yes, I have got First and Second as have been indicated. I mean the Third and the Fourth Schedules.
Mr Avedzi 9 p.m.
The Third Schedule --
Mr Speaker 9 p.m.
I am doing this, so that the House will understand what we are doing because we have 1.3 there. Is it the Third Schedule that starts from where 1.3 starts?
Mr Avedzi 9 p.m.
Mr Speaker, the Third Schedule is on page 17 of 27, that is, a “Summary of Expenditure by MDA, Economic Item and Funding”.
Mr Avedzi 9 p.m.
Then Schedule 4 starts from page 20 of 27, which is “Summary of Expenditure by Programme, Economic Item and Funding”. That is the start of the Fourth Schedule.
Dr A. A. Osei 9 p.m.
Mr Speaker, I think whoever was doing the Xeroxing has not done us a favour. What is attached to the Report is not what the Hon Chairman has.
Mr Speaker 9 p.m.
I am not looking at the Report. I am looking at the Bill.
Dr A. A. Osei 9 p.m.
Yes, it is on the Bill but not in the Report. The Report does not have those appendices.
Mr Speaker 9 p.m.
Hon Ranking Member, is it page 16 or page 17?
Mr Avedzi 9 p.m.
Mr Speaker, on the Bill, I have -- it is page 17 and not 16.
Mr Speaker 9 p.m.
Yes, Hon Ranking Member?
Dr A. A. Osei 9 p.m.
We have 26 of 26 and my Hon Chairman said, 26 of 27.
Mr Speaker 9 p.m.
Yes, I have 16 of 26
Dr A. A. Osei 9 p.m.
Yes, he mentioned 27, so --
Mr Speaker 9 p.m.
No! He mentioned 17 of 27 but I have 16 of 26.
Dr A. A. Osei 9 p.m.
That is correct.
Mr Speaker 9 p.m.
That is why I want all of us to be on the same page.
Hon Members, the Third Schedule starts from page 16 of 26 and the Fourth starts from page 19 of 26.
Clauses 1 and 2 ordered to stand part of the Bill.
Mr Speaker 9 p.m.
Clause 3?
Clause 3 -- Payment of money on authorisation of Minister for Finance.
Mr Avedzi 9 p.m.
Mr Speaker, I beg to move, clause 3, line 3, delete 7-3 and insert 73.

Mr Speaker, I am sorry, it is rather clause 2 and not clause 3.
Mr Speaker 9 p.m.
Hon Chairman of the Committee, I have put the Question on clause 2.
Yes, Hon Member for Wa West?
Mr Joseph Yieleh Chireh 9 p.m.
Mr Speaker, since this is really a typogra- phical error, we could advise the draftspersons to correct it rather than to move a substantive Motion to correct it.
Mr Speaker 9 p.m.
I think so. The drafts- person --
rose
Mr Speaker 9 p.m.
Yes, Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 9 p.m.
Since this morning, the Hon Majority Leader, in adverting the minds of the Hon Members to certain numbers, would usually say, instead of “eleven”, he would say “one- one”and “twelve”. He would say “one-
two”. Now, we have “seven-three” and we are being told that it should be read as “seventy-three”.
Mr Speaker, on the wings of what the Hon Majority Leader has been leading this House since this morning to believe, I believe that, we would be in a problem. Let the right thing be done.
Mr Bagbin 9:10 a.m.
Thank you very much, Mr Speaker.
I first said item 11 “one-one”. That is eleven. Item “thirty-two”, “three-two”. Mr Speaker, this clause that we are dealing with, it is the words that have it as “seven- three” but the figures are clear. It is 73. So, it is the “seventy” which is written as “seven”.
He is just drawing our attention that it is a typographical error and I agree with him. This is because it is written there as “73” and then they typed “seven-three”. And so, put it as “seventy-three”. That is all.
Mr Speaker 9:10 a.m.
Hon Members, I direct the draftsperson to correct the “seven, three” to read seventy-three.
Question put and Amendment agreed to.
Clause 3 ordered to stand part of the Bill.
Clauses 4 and 5 ordered to stand part of the Bill.
Mr Speaker 9:10 a.m.
Now, we move to the Schedules.
Schedules 1 and 2 ordered to stand part of the Bill.
Mr Speaker 9:10 a.m.
The Third Schedule has not been indicated; so, Mr Chairman, we may need to move an amendment to capture the Third Schedule, because it is
not indicated in the Bill that I have. That is why I started first to make sure that all of us are on the same page.
Mr Kyei-Mensah-Bonsu 9:10 a.m.
Mr Speaker, you have put the Question on clause 5. I noticed that that is how we have been capturing the repeal section. The commencement date provides in full, that this Act shall come into force on the 1st day of January, 2016.
But then for the repeal, instead of putting it this way, that the Appropriation Act for 2014, Act 881 shall stand repealed on the commencement date --
Mr Speaker 9:10 a.m.
You are absolutely correct.
Hon Members, this is because if you do that and we pass it today, then it would mean that this Act would get repealed immediately it is signed. Do you get the point that he is making?
The point he is making is that, assuming we pass it today and His Excellency the President decides to assent it tomorrow, then it means that it would be repealed. But it is supposed to be repealed on 31st December, 2015. That is the point that he is raising, but I do not know whether we have to go through Second Consideration Stage with this one.
Dr A. A. Osei 9:10 a.m.
Mr Speaker, I think that the Leader is correct but this is how since 1993, this House has been doing it. He discussed it with me and I said that it had always been interpreted to mean that this Act shall come into force on the first day --
Mr Speaker 9:10 a.m.
The Act itself includes the commencement -- the 1st January --
Dr A. A. Osei 9:10 a.m.
I know but I am saying that since 1993, this is how this House has been doing it, so, we need to correct it.
Mr Chireh 9:10 a.m.
Mr Speaker, the Bill I have does not have Schedules. It does not indicate that there are Schedules to this Bill.
Mr Speaker 9:10 a.m.
Well what I have, has the First and Second Schedules.
Mr Chireh 9:10 a.m.
I am saying that they are attached but they should be, after all this, “Schedules” and in the Schedules, you may then indicate First Schedule and Second Schedule. But in the Bill I have, there is no Schedule. I am not saying that Schedules have not been attached but they must be similar to the sections, like “Commencement” and “Repeal”, we should have “Schedules”. Then under that, the Schedules would then show. That is normally how Bills are captured.
Mr Bagbin 9:10 a.m.
Mr Speaker, clause 1, line 5, when you read it to line 6,
“…shall be appropriated by the purposes specified in the First Schedule”.
That is clause 1. Clause 2, lines 4 and 5, indicated in the second column of the Second Schedule. So, there are references in the clauses to the Schedules and those Schedules are attached.
Mr Chireh 9:10 a.m.
The Majority Leader is not getting the point that I am making. When you have mentioned Schedules in all these sections, any Bill or Act that you see, at its end, you have to indicate that there
are Schedules. You would just put there “Schedules” and then list them after “Repeal”. This is because that is the order in which we dealt with them, otherwise, that is why you were asking the Chairman to move the Motion --
Mr Speaker 9:10 a.m.
Hon Member, the point being made by the Majority Leader is that, if you look at the clauses, they indicate the Schedules. When you look at the clauses, they refer to the Schedules. When you go to the First Schedule, they refer to section 1 at the top. When you go to the Second Schedule, it did not refer to any section.
Mr Chireh 9:10 a.m.
Mr Speaker, the point that I am making is that, despite these being mentioned in the various sections, there must be a Schedule section and that is why -- Your earlier directive that the Chairman should move an amendment Motion is that -- I remember that last year, I raised the same issue; that at the end of this Bill, there are Schedules that must be related to.
If you see any Act with Schedules, after all the sections, there is a section that says “Schedules”, then you list the Schedules and that is part of the drafting.
Dr Kunbuor 9:10 a.m.
Mr Speaker, the Hon Member for Wa West is actually referring to these”Schedules”, itemised as a heading because the heading is used as part of the interpretation. So, if you mention the Schedule here and there is no heading, unlike the previous times that we used side notes, then its reference would not come. He is saying that after “Repeal”, you would just put there “Schedules” and say “First Schedule, Second Schedule, Third Schedule et cetera”.
Then there are headings like what you have, what has been read. What was read first was “Sum of money to be issued from
the Consolidated Fund for 2016 Financial year” for clause 1 and that is the heading. Then you come to 2, there is a heading, you come to 3. Then after 5, where you should have “Schedules”, there is no heading for the Schedules. I think that is the issue he is raising.
The mere fact that you mention something in the text of a legislation, does not make it a heading and that is the issue. This is because it is the heading that would give you the opportunity to be able to interpret and read the Schedule together with the Act.
Mr Speaker, but if it is left out, then it places a difficulty whether, indeed, the Act provides some Schedules as a heading.
Mr Speaker, we can just take any legislation now and look at where we have Schedules. We would see very clearly that when we get to the Schedules section, it is provided for, as a heading.
Mr Speaker 9:20 p.m.
Let me hear from the Hon Second Deputy Speaker.
Mr Joe Ghartey 9:20 p.m.
Mr Speaker, I was just looking at the Constitution. When one looks at this version of the Constitution, you would see that, after the last article, which is article 26, there is a heading -- “Schedules”. Then they talk about the First Schedule -- Transitional Provisions;Part I -- First president; Part II -- First Parliament; Part III - - The Judiciary; Part IV -- Miscellaneous; then the Second Schedule; and then Oaths.
Mr Speaker, so, the proper thing, I believe, is that there should be a clause 6, which should be entitled “Schedules”. Then the First Schedule would be
described, and then the Second, Third and Fourth Schedules.
Once again, the purpose of it is that we are guided by the Interpretation Act, where we make references to the headings and so on, for ease of reference and the purposes of interpretation.
Mr Speaker 9:20 p.m.
Hon Member for Wa West, that is why after I put the Question on the clauses and I moved to the Schedules, I was calling them one by one. The essence of it at the Consideration Stage was to allow anybody who wanted to move an amendment to do so.
I called the first one, nobody was on his feet. I called the second one, nobody was on his feet. I put the Question and then I decided not to continue to the Third Schedule. This is because the document I have does not even show which one is the Third Schedule. That was the exercise I did in the first round before I started calling them clause by clause.
Hon Members, we would --
Mr Chireh 9:20 p.m.
The reason I rose to move the Motion is that, we are holding different Bills. That is why when I rose, I said “what was the basis for you saying Schedules?” It might be from the heading. Then, you said Schedules one, two and three.
Now, I have two Bills. So, I did not know whether there were any Schedules attached to any of the Bills that you are looking at. That is why I did not rise.
Mr Speaker, but now that I know that you were just calling Schedules based on what has been attached, that is why I thought that the appropriate thing is for us to include Schedules and list them and it is that one that would have guided you in terms of calling the Schedules.
Mr Speaker 9:20 p.m.
Is it not a drafting issue?
Dr Kunbuor 9:20 p.m.
Mr Speaker, all we are indicating is that, you simply direct the drafting office that they should capture the Schedule as a heading and itemise the appropriate Schedules.
Mr Speaker 9:20 p.m.
Hon Members, I so direct.
Mr Bagbin 9:20 p.m.
Mr Speaker, it means your directive would now cover all the Bills they are bringing. This is because they have changed the style of the new Bills they are bringing here. [Interruption] -- What are you talking about?
Mr Speaker 9:20 p.m.
Hon Majority Leader, for now, let us concentrate on the Appropriation Bill.
Mr Bagbin 9:20 p.m.
Mr Speaker, the directive that I see is that, there is a change in the style of drafting by the department.
Mr Speaker, when you see the Immigration Service Bill and the Energy Sector Levies Bill, you will not see what you are talking about there. They have Schedules, but they do not have all that.
Mr Speaker, it is the same with some of the Bills we have passed. That is why I would want it to remain as a drafting issue, now that you have directed that that should be done.
Mr Speaker 9:20 p.m.
Yes, I have directed -- absolutely.
Hon Member for Old Tafo?
Dr A. A. Osei 9:20 p.m.
Mr Speaker, the only difference I have with my senior Hon Colleague is that, we do not have a section number, but we do have a Schedule.
The Energy Sector Levies Bill that Hon Majority Leader has does not have. Mr Speaker, but that is a mistake. This is it; it says “Schedule”. That is not sound. But you do not need a clause 6. You must have a Schedule and all the Schedules, numbered. [Interruption] -- Which direction? It has to be clear. [Interruption] -- Not his; his would be wrong.
Dr Kunbuor 9:20 p.m.
Mr Speaker, not to belabour the point, until we amend the Interpretation Act, that does not make headings an aid to interpretation. If so, then we can claim that drafting can supercede a statutory position. As long as in the Interpretation Act, headings are an integral part of a legislation, we need to deal with it.
Drafting procedure cannot cure or amend a statute. That is why I am saying that even if Bills are coming to the House, which we are not supposed to anticipate -- before it gets to the House, we would draw attention to the Interpretation Act and indicate that the Schedules must have headings. This is so, that it becomes part of the legislation. This is all we are saying.
Mr Speaker, it is a matter that you can direct the draftspersons to do.
Mr Speaker 9:20 p.m.
Hon Members, let us make progress.
The Third and Fourth Schedules ordered to stand part of the Bill.
Mr K.T. Hammond 9:20 p.m.
Mr Speaker, I have been trying to catch your eye.
Mr Speaker, there seems to be some confusion in something that has just been put on board. The Hon Minority Leader drew your attention to the repeal provision and the way it is crafted.
Mr Speaker, at one point in time, I thought you agreed with the Hon Minority Leader that he was right. Then, you then changed and said that the provision was right, as it was.
Mr Speaker 9:20 p.m.
Yes, I have changed my position.
Mr Hammond 9:20 p.m.
Mr Speaker, but my view is that, the provision is wrong as it is, and that the Hon Minority Leader is actually right.
Mr Speaker 9:20 p.m.
Hon Members, initially, when the Hon Minority Leader made the point, I agreed with him. Later on, I realised that under clause 4 of the Bill, this Act would come into effect on 1st January, 2016. When this Act comes into effect, that is when the repeal would also come into effect.
Mr Hammond 9:20 p.m.
Mr Speaker, no; on the contrary, that is not true.
Mr Speaker 9:20 p.m.
Hon K. T. Hammond, you are out of order.
Mr Speaker 9:20 p.m.
Hon Members, that brings us to the end of the Consideration Stage of the Appropriation Bill, 2015.
Item 37 -- Hon Minister for Finance.
MOTIONS 9:20 p.m.
Minister for Finance (Mr Seth E. Terkper) 9:20 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1), which require that when a Bill has passed through the Consideration Stage, the Third Reading there of shall not be taken until at least, twenty-four hours have elapsed, the Motion for the Third Reading of the Appropriation Bill, 2015 may be moved today.
Mr Avedzi 9:30 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Mr Speaker 9:30 p.m.
Item 38.
BILLS — THIRD READING
Appropriation Bill, 2015
The Appropriation Bill, 2015 — Read the Third time and passed — [Minister for Finance.
Mr Bagbin 9:30 p.m.
Mr Speaker, I think it is appropriate that we thank Hon Members for the endurance. We have done a lot today. We have done our best and yet we have not completed. Unfortunately, we have to come back tomorrow to complete the business of the House.
Mr Speaker, I would want to inform the members of the Business Committee to have a short meeting to arrange the business that we have to do for tomorrow,
Mr Speaker 9:30 p.m.
Hon Minority Leader, do you have anything to say before I adjourn the House?
Mr Kyei-Mensah-Bonsu 9:30 p.m.
Mr Speaker, not really much, except to also add my voice in thanking Hon Members for the spirit of tolerance and endurance.

As for what the Hon Majority Leader and Chairman of the Business Committee is saying, I thought because we had our standing issues, they would spill over to tomorrow.

This is because if the Business Committee meets, they would then have to produce a report and I thought it was not really necessary.

Mr Speaker, however, if we have to do it, so be it.
Mr Speaker 9:30 p.m.
Hon Members, I thank you.
ADJOURNMENT 9:30 p.m.