Debates of 23 Dec 2015

MR SPEAKER
Mr Speaker 2:40 p.m.
Hon Deputy Majority Leader?
Mr Alfred K. Agbesi 2:40 p.m.
Mr Speaker, we are going to the Order Paper Addendum - the Energy Sector Levies Bill, 2015.
Mr Speaker 2:40 p.m.
Hon Members, item number 25 on the original Order Paper; that would pave way for the Order Paper Addendum.
Yes, Hon Minister for Finance?
MOTIONS 2:40 p.m.
Minister for Finance (Mr Seth E. Terkper) 2:40 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 Consi- deration Stage of the Energy Sector Levies Bill, 2015 may be taken today.
Chairman of the Committee (Mr James K. Avedzi) 2:40 p.m.
Mr Speaker, I beg to second the Motion.
Dr A. A. Osei 2:40 p.m.
Mr Speaker, the Hon Deputy Majority Leader, when you asked him, said we should go to the Order PaperAddendum. So, I was looking at the Order Paper Addendum, and the Hon Minister read the Motion on -- [Interruption] --
Mr Speaker, I know you said that --
Mr Speaker 2:40 p.m.
Hon Member, I referred to item number 25.
Dr A. A. Osei 2:40 p.m.
Mr Speaker, when you asked the Deputy Majority Leader, he said Order Paper Addendum.[Interruption] -- So, I would take Mr Speaker's instructions.
Mr Agbesi 2:40 p.m.
Mr Speaker, I am sorry. I took instructions from my Hon Whip, who thought we had reached the Order Paper Addendum. So, Mr Speaker rightly made the correction.
Hon Ranking Member, I am sorry.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2:40 p.m.
Hon Members, the Energy Sector Levies Bill, 2015 at the Consideration Stage.
We now move to the Order Paper Addendum.
BILLS - CONSIDERATION 2:40 p.m.
STAGE 2:40 p.m.
Chairman of the Committee (Mr James K. Avedzi) 2:40 p.m.
Mr Speaker, I beg to move, clause 3 Headnote, before “Debt” insert “Energy”
Mr Speaker, the new Headnote would read “Energy Debt Service Account”.
Mr Speaker, we would want to differentiate this “Debt Service Account” from the “Ordinary Debt Service Account”. There is an account already called “Debt Service Account”. So, to make this one unique for the Energy Sector Levy, we are proposing this amendment
to add “Energy” to the “Debt Service Account”.
Question put and amendment agreed to.
Mr James K. Avedzi 2:40 p.m.
Mr Speaker, I beg to move, clause 3 subclause (1), line 2, before “Debt” insert “Energy”
Mr Speaker, the earlier explanation is also carried here.
Question put and amendment agreed to.
Mr James K. Avedzi 2:40 p.m.
Mr Speaker, I beg to move, clause 3, subclause (2), line 1, before “Debt” insert “Energy”
Mr Speaker, this is also consequential to the other one.
Question put and amendment agreed to.
rose
Mr Boafo 2:40 p.m.
Mr Speaker, to the best of my knowledge, with clause 3 (I), the “opening and the maintenance” of public accounts is generally under the Controller and Accountant-General's Department, under the provisions of the Financial Administration Act and Regulations. But it appears that this Bill purports to change the trend. I do not know whether it is our intention to isolate this from the operations of the public finance arrangement.
Mr Speaker 2:40 p.m.
Hon Member, you have raised a relevant point. So let us look at what the law says, and what the Financial Administration Act says.
Mr Avedzi 2:40 p.m.
Mr Speaker, the Controller and Accountant General's Department is an v agency under the Ministry of Finance. So, by inference, it is the Ministry of Finance opening the account.
Mr Speaker 2:40 p.m.
Hon Member, it is a matter of law. What did the Financial Administration Act say about opening of accounts? Did the law specifically say it should be the Controller and Accountant General's Department? If there is nothing like that in the law, then the proposed amendment does not stand. But if the law says so, then we would have to look at it. That is the point that he is making.
rose
Dr A. A. Osei 2:40 p.m.
Mr Speaker, I would want to offer an amendment. “The Controller and Accountant General's Department, under the directives of the Minister, shall open.” He has to be directed; he cannot just open. So, we can bring “the Controller and Accountant- General's Department under the direction of the Minister, who shall open and maintain.”
Mr Speaker 2:40 p.m.
Hon Members, the Hon Member for Akuapim North has raised a point; referred to the Financial Administration Act. What did the law say, so that we make progress?
rose
Mr Speaker 2:40 p.m.
Yes, Hon Member?
Papa Owusu-Ankomah 2:40 p.m.
Mr Speaker, I am suggesting that, it can be; “the Minister through the Controller and Accountant General's Department. . .”
Mr Speaker 4:20 p.m.
Yes. Hon Members, I know as a fact that the practice in the public service is that, when you are part of the public service and want to open an account, you write to the Controller and Accountant-General's Department before the account is opened.
I do not have the law before me. The Hon Member has referred to a law; and we are passing a law. We have to check that law and that is the reason I say we should look at what the law says, and do the right thing.-- [Pause] --
Hon Members, part of the section 3 of the Financial Administration Act, 2003— section 3(6) says:
“A bank account shall not be opened for a department except under the authority of the Controller and Accountant-General and a bank shall not open an account for any department without the authority of the Controller and Accountant- General”
But again, in the same section, there is a provision, which says that he is responsible to the Minister. So, the amendment is true —
Papa Owusu-Ankomah 4:20 p.m.
Mr Speaker, I do not think that this provision would be inconsistent with the existing law.
Mr Speaker 4:20 p.m.
It will not.
Very well.
Mr Boafo 4:20 p.m.
Mr Speaker, I think we can simplify the provision and recouch it to the effect that an account under the name of “Energy Debt Account”, shall be opened. Then we leave it for the
mechanisms of the public finance arrangement.
Mr Speaker 4:20 p.m.
Well, if that is the case then we can just read the two Acts together and that would be very clear.
Mr Joseph Yieleh Chireh 4:20 p.m.
Mr Speaker, I think the added problem is the fact that we are saying, “the Minister” when indeed, it should be under the Ministry or some other thing. This is because if we use the Minister as a person, I think it is not too clear. If it is an account that has to be opened by the Controller and Accountant-General, it should be maintained under his direction. But to say “he should,” as we have said “shall maintain”, that in my view, is too personal to the Minister.
Dr A. A. Osei 4:20 p.m.
Mr Speaker, “the Minister shall cause to be opened and maintained, an account to be known…”
Mr Speaker 4:20 p.m.
Hon Members, I think that is a compromised amendment — “The Minister shall cause to be opened and maintained an account to be known…”
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Clause 4 — Power Generation and Infrastructural Sub-Account
Mr Avedzi 4:20 p.m.
Mr Speaker, in view of what happened under clause 3, I would like to further amend the clause 4, subclause (1), line 1 to read as follows:
“The Minister shall cause to be opened and maintained, a sub account of the Energy Debt Service Account”
Mr Speaker, the initial amendment was to insert “Energy” but consequential to the earlier one --
Mr Speaker 4:20 p.m.
Yes. So we will take it one after the other.
Mr Avedzi 4:20 p.m.
Mr Speaker, I beg to move, clause 4 -- subclause (1), line 1,
before “Debt” insert “Energy”
Question put and amendment agreed to.
Mr Speaker 4:20 p.m.
Chairman, please, move the second one, which is also consequential and let me put the Question.
Mr Avedzi 4:20 p.m.
Mr Speaker, I beg to move, clause 4, subclause (1), delete “open and maintain” and insert “caused to be opened and maintained”.
Mr Speaker, the new rendition would read as follows; “the Minister shall cause to be opened and maintained, a sub- account of the Energy Debt Service Account.”
Mr William Owuraku Aidoo 4:20 p.m.
Mr Speaker, I am just checking the numbers in the Chamber and the numbers — following your ruling yesterday — you referred to article 104 —
Mr Speaker 4:20 p.m.
Hon Member, have you also taken a headcount? — [Laughter.]
Question put and amendment agreed to.
Clause 4 as amended ordered to stand part of the Bill.
Clause 5 — Price Stabilisation and Recovery Account
Mr Avedzi 4:20 p.m.
Mr Speaker, there is a consequential amendment to clause 5, which states as follows, line (1) after “shall”, delete “open and maintain” and insert “caused to be opened and maintained”
I beg to move.
Question put and amendment agreed to.
Clause 5 as amended ordered to stand part of the Bill.
Mr Speaker 4:30 p.m.
Clause 6? Clause 6 --
Mr Avedzi 4:30 p.m.
Mr Speaker, I beg to move, clause 6 -- subclause (6) delete --
Mr Speaker, it is not a subclause but the entire clause --
Mr Speaker 4:30 p.m.
Please! Please! Let us get what you are trying to do. What we have there is clause 6; there is no subclause 6 there. So, let us know exactly what you are trying to delete.
Mr Avedzi 4:30 p.m.
Mr Speaker, we are deleting the entire clause 6 and inserting a new rendition altogether.
Mr Speaker 4:30 p.m.
Alright.
Mr Avedzi 4:30 p.m.
Mr Speaker, I beg to move, clause 6 -- delete and insert the following:
“6. (1) The accounts established under section 3 to 5 shall be managed by the Minister.
(2) The Minister shall report to Parliament annually
The Committee was of the view that for the management of this account, it should be done by the Hon Minister responsible for Finance and report to Parliament annually, for the use of the funds in this account rather than have a committee that would comprise the number of membership here.
Ansah— rose
Mr Speaker 4:30 p.m.
Yes?
Mr Frederick Opare-Ansah 4:30 p.m.
Mr Speaker, the proposed amendment -- subclause 2, I think it should be a bit more --[Interruptions.]
Mr Speaker 4:30 p.m.
Hon Members, let us have order in the Chamber.
Order!
Mr Opare-Ansah 4:30 p.m.
Mr Speaker, I was suggesting that instead of having “The Minister shall report to Parliament annually on the management of the accounts --”
We should be a bit more explicit in how we would want the Minister to report. So, it should read as follows;
‘The Minister shall submit an annual report to Parliament'.
Mr Speaker, we have seen all kinds of things happen in Parliament. One day, a Minister will come and stand at the Dispatch Box and say some two sentences and tell us that he or she has reported on the management of the account.
He should submit an annual report to Parliament and then we know it is properly reported upon.
Thank you.
Mr Speaker 4:30 p.m.
Hon Members, I will want us to get the first clause, which is the new clause. It says:
“The accounts established under section 3 to 5 shall be managed by the Minister”
Is that correct?
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, the earlier amendment that the Chairman effected at the instance of the Hon Member for Old Tafo, who is the Ranking Member, indicated that the Minister shall cause to be opened and maintained an account. “Maintenance”, I guess, includes
management. So, if we should leave the “management” in the charge of the Minister, then the earlier amendment should have rather read:
“The Minister shall accordingly open an account”
This is because we are now leaving the entire management in the charge of the Minister.
Mr Speaker 4:30 p.m.
Let me find out from you. Do we even need the whole clause 6 -- there is a whole financial administration and its regulations dealing with public funds and this Fund in question is also public Fund - I am referring to subclause 1 of the clause 6?
There are laws governing public funds. As for the annual report, yes, but there is a first part that it should be managed. The Minister is in charge of the Finance Office Council and there are laws regulating it.
Do you need to have this particular clause there? So, why I ask this is because he is the one in charge -- even the Controller and Accountant-General as the law says, is responsible to the Minister. Do you need to repeat that he is going to manage it?
Yes, Hon Member for Wa West?
Mr Chireh 4:30 p.m.
Mr Speaker, you are right in saying so because it is the Minister himself who will cause the account to be opened and we know that all the accounts that would be opened would be under him. So, what we need to do is for a formal submission of annual report on the account. We do not need subclause 1 because that is clear.
Dr A. A. Osei 4:30 p.m.
Mr Speaker, I agree with my senior Colleague.
I think clause 6 should be abandoned for a new heading to be captured “Report on the accounts” and then we keep subclause 2 as the only clause there.
Mr Speaker 4:30 p.m.
Hon Members, I believe that we have enough legislations in this country that deals with public funds, and also the role of the Minister in relation to those public funds. So, I do not know --
Yes, Chairman of the Committee?
Mr Avedzi 4:30 p.m.
Mr Speaker, reflecting on what we did when we passed the Petroleum Revenue Management Act, we created a separate Fund and we gave the management of that Fund to the Hon Minister for Finance. We asked him to report on how the funds would be used during the course of the year. Now, we are also creating by legislation, an account into which funds will be paid and moneys would go out of. So, we are asking the Minister to bring the report on the use of the money in that account to Parliament.
Mr Speaker 4:30 p.m.
The question is that without clause 1, would the Minister not perform those functions? That is apart from the annual report that we all agreed on. If we do not put the subclause there, would it still not be under the care, control and direction of the Hon Minister for Finance?
Dr A. A. Osei 4:30 p.m.
Mr Speaker, I would want to suggest an amendment after this has been abandoned. That is;
“Clause 6, delete the entire clause and insert the following:
The Minister shall submit an annual report to Parliament on the management of the funds.”
Mr Speaker 4:30 p.m.
No -- let us take it one after the other.
If you want us to delete, I will delete and put the Question on the issue of deletion. You can then come back and move the one dealing with the subclause 2, so that we take the issue one after the
other. Let me hear from the Hon Member from Wa West.
Mr Chireh 4:40 p.m.
Mr Speaker, as you earlier said, that we would take the first one, delete, then take the second one.
Mr Speaker 4:40 p.m.
Yes; so, we are on his amendment.
Mr Chireh 4:40 p.m.
One of the things that we should distinguish is that we are dealing with three separate accounts.
So, instead of dealing with them as funds where normally,we would have a Fund Manager or somebody who would be put in charge -- these are accounts, which would be put directly under the Hon Minister. Therefore, when we come there, we should make it “reporting on the use of the accounts”, they should be separate because we have not indicated specifically in this law, what they would be used for. -- [Interruption] -- No! I am saying so because they are already part of some funds -- [Pause.]
Hon KobinaTahir Hammond -- rose --
Mr Speaker 4:40 p.m.
Hon K. T. Hammond, then the Hon Minority Leader.
Mr K. T. Hammond 4:40 p.m.
Mr Speaker, thank you.
I believe the Hon Minister for Finance should help us, and indeed, help the Hon Speaker in the resolution of this -- [Interruption] -- Well, help the House in the resolution of this matter. This is because what I see as Mr Speaker's difficulty is that, we are asking for the whole thing to be deleted, but I also see that Mr Speaker is slightly anxious -- as to the management of these public funds.
Mr Speaker, because the Hon Minister for Finance is aware of how the various
Mr Terkper 4:40 p.m.
Mr Speaker, these would be special purpose accounts established by Parliament to address specific issues. I do understand the position that the Hon Minister is responsible for the preparation of the mainstream account, and for that matter, other public accounts which are in the Constitution are also categorized.
In this regard, Mr Speaker, I would think that, entrusting the Minister with the management of the accounts is in the proper direction. And as the Hon Ranking Member of the Committee has suggested, a reporting format is also required that the Hon Minister manages the report and submits.
Now, it could be done in the context of the public accounts or as a special account -- [Interruption] -- Exactly. So, it could be done as part of the Budget Statement, but then it would be clear that this is how the accounts were utilised and that would also satisfy the requirements.
Dr A. A. Osei 4:40 p.m.
Mr Speaker, if we could go to deal with the deletion of the clause 6, then I would come to offer an amendment to address this problem.
Mr Speaker 4:40 p.m.
Yes. I will want to get the sense of the House before I put the Question. I will want to get one or two comments before I put the Question.
Hon Minority Leader, I am talking about the amendment that he has moved on the issue of deletion?
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, I have always taken solace in Standing Order 90, which prohibits Mr Speaker from engaging in debates.
But occasionally, the strategic intervention of Mr Speaker is very instructive, and this intervention of yours, as to where we are, I guess, is most important because it is redirecting attention to doing what is right and I am pleased that I have taken a leaf from your direction --
Mr Speaker 4:40 p.m.
Hon Minority Leader, you know that law making process is not an ordinary matter. If there are other matters like how the Hon Member for Akwapim South drew our attention to the Financial Administration Act, it is important for us to look at that law and reconcile with the new law that we are passing.
Indeed, I am very cautious with the use of the word “management” because when you look at section 3 of that Act, they used the word “management” except that I am not telling the House but it is here:
“The Controller and Accountant- General is responsible for the compilation and management of the accounts in relation to the Consolidated Fund and other public funds entrusted into his care.”
So, when we are also using the word “management”, we must be very clear and qualify it very well, and that is the reason I am doing it because I have the law before me here. That is why I am trying to use it to guide the House.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, it is precisely for that purpose that I am
saying that I am really guided by this strategic intervention.
Mr Speaker 4:40 p.m.
You should commend me and not be guided. [Laughter.]
Mr Kyei-Mensah-Bonsu 4:40 p.m.
So, Mr Speaker, I think it is right.
Early on, I had said that, given the import of the word, “management” as in clause 6 and “maintenance” as in clause 3 (1), I thought we should abandon one. But I now think that we rather should go with the amendment that was proffered in Clause 3 (1) and then abandon clause 6. I say so because as you rightly have observed, it would then be in conflict with what you have before you. So, I agree with the formulation by the Hon Ranking Member, that we should abandon that.
As much as possible, when we come to the second leg, which you proposed, we would try to avoid the use of the word “management”. So, I think that we must allow him now to delete it and then into the second leg, we would see how to capture it.
I thank you.
Mr First Deputy Speaker 4:40 p.m.
Hon Members, I will put the Question.
I believe that, as the Hon Minister for Finance has stated, it is a special purpose account and if for that reason, we would want him to play any special role, nothing prevents us from putting it into the law. But we should know how to couch it, so that it does not conflict with any other law in existence and by that give different interpretations.
Question put and amendment agreed to
Subclause 1 of clause 6 deleted from the Bill.
Dr A. A. Osei 4:40 p.m.
Mr Speaker, if we delete subclause 1, we must necessarily delete subclause 2. So, Mr Speaker, I beg to move, clause 6, delete subclause 2. [Interruption] -- That was why I said delete the entire clause.
Mr Speaker 4:40 p.m.
You have amended the subclause 2. So, amend it, dealing with the annual reports, so that I will put the Question.
Dr A. A. Osei 4:40 p.m.
Mr Speaker, I think the Hon Chairman was abandoning the amendment here --
Mr Speaker 4:40 p.m.
No!
Dr A. A. Osei 4:40 p.m.
That is where I was taking it from, so that this entire clause 6 was being abandoned.
Mr Speaker 4:40 p.m.
No! The original clause is the one that --
Dr A. A. Osei 4:40 p.m.
All right, Mr Speaker, that is fair enough.
Mr Speaker 4:40 p.m.
Yes.
Dr A. A. Osei 4:40 p.m.
Mr Speaker, I beg to move, clause 6, delete subclause 2 and insert the following”: “the Minister shall submit an annual report to Parliament on the management of the accounts established under section 3 to 5”. [Interruption]
Mr Speaker, he was asking whether or not we should have the “management” and I am saying that because in clause 4, we have said “caused to be opened and maintained”, that “management” is there. All he is doing is reporting on the management aspect.
Mr Speaker 4:40 p.m.
I think your amendment is in order.
Hon Members, I will put the Question.
Question put and amendment agreed to
Clause 6 as amended ordered to stand part of the Bill
Mr Speaker 4:40 p.m.
Hon Chairman of the Committee, you need to change the headnote in view of the amendments or it is alright? I believe it is alright. It is fine.
Hon Members, clause 7?
Clause 7 - Regulations.
Mr Avedzi 4:40 p.m.
Mr Speaker, I beg to move, clause 7, add the following new paragraph:
“(c) In respect of matters relating to the management of the accounts established under section 3 to 5”;
Mr Speaker, the new paragraph is to empower the Hon Minister to come to Parliament, through a Legislative Instrument (L.I.), to make Regulations in respect of matters relating to the management of the account established under the Act.
Mr Speaker 4:40 p.m.
Hon Chairman of the Finance Committee, would clause 7 (b) not take care of what you have just proposed?
Mr Avedzi 4:40 p.m.
Mr Speaker, we would want to make it specific for the Hon Minister to come with the Regulations that would relate to the management of this Act.
The clause 7 (b) we have in the Bill talks about -- and Mr Speaker, with your permission, I beg to quote:
“(b) to provide for any other matter necessary for the effective implementation of this Act.”
Mr Speaker 4:40 p.m.
Do you think that the annual report would not capture any matter that deals with the management of the accounts?
Mr Avedzi 4:40 p.m.
Mr Speaker, this is the Hon Minister, coming by way of the LI,to make Regulations that relate to the management of the account.
Mr Speaker 4:40 p.m.
I do not know but I thought that clause 7 (b) is omnibus enough to take care of --
Let me hear from other Hon Members of the House.
Dr A. A. Osei 4:40 p.m.
Mr Speaker, I think that if the file deals with the issue of management, then anytime something is changed in there, it would be consequential here. In that sense, clause 7 (b) would be alright. This is because I think the file takes care of the management of accounts and the rules and Regulations. So, we do not need to repeat it here. Once that is done, this would be automatic.
Mr Speaker, otherwise, the file that you read deals with issues of management and the Hon Minister would, through an L.I., change the Regulations through the file of the management. Once he does that anywhere, there “management” including the one here, should be treated in the same way. So, he does not have to do it here. He has to go through the file.
Alhaji I.A.B. Fuseini 4:40 p.m.
Mr Speaker, I think that clause 7(a) makes for the specific matter to amend the Schedule. Clause 7 (b) is an omnibus provision to deal with matters concerning the implementation of the Act. Matters concerning the management of the Fund or accounts would be about the implementation of this Act.
Mr Speaker, it would be bad drafting to put two omnibus clauses in one provision. Clause 7 (b) is an omnibus clause, which gives the Hon Minister power to implement the Act. The Committee has proposed clause 7(c) again, which is an
omnibus clause in respect of the matters that relate to the management of the account. I think that clause 7 (c) is not necessary in this particular case.
Mr Speaker 4:40 p.m.
Hon Chairman, what is your view?
Mr Avedzi 4:40 p.m.
Mr Speaker, my view is that we should delete clause 7 (b) in the Bill and replace it with the clause 7 (c) that we have in the amendment.
Mr Speaker 4:40 p.m.
Hon Chairman, that is completely not consistent with the laws that we have been passing here.
The sense of the House is that you should abandon your amendment. If you are going to abandon the amendment, do so and let us make progress.
Let me hear from the Hon Minister and then the Hon Minority Leader.
Mr Terkper 4:40 p.m.
Mr Speaker, I think that the rendition here would take care of it because it provides for any other matter necessary for effective implementation, which includes the management of the account. This is because the management of the account is a major clause.
The management of the account, as we have decided, is a major requirement of the Act. Therefore, the Hon Minister would be obliged to come up with Regulations to implement that.
Mr Speaker 4:40 p.m.
Hon Chairman, if you are going to abandon your amendment, do so and let us make progress. [Pause.]
Hon Members, excuse me, today, we do not want to go up to 10.00 p.m. The amendment is not necessary.
Let us hear from the Hon Member from Sekondi and then the Hon Member for Suhum.
Papa Owusu-Ankomah 4:40 p.m.
Mr Speaker, the Hon Chairman, by the amendment, seeks to give the Hon Minister power by an L.I. to deal with matters relating to the management of the account.
Mr Speaker, but I am sure there is an existing law relating to that. So, it is really not necessary that, specifically, the Hon Minister be given the power by an L.I. to deal with matters relating to the management of the accounts.
So, I would propose to the Hon Chairman that he abandons this amendment; except of course, it is not generally with the management that probably determines the proportions or the uses of the moneys. If that is what is intended, then --[Interruption] --
In respect of the management of the account, there is no need for the Hon Minister to be given power by an L. I. to do that. This is because there are existing laws that relate to the management of public accounts such as this one.
So, I propose that the Hon Chairman abandons the amendment, unless of course, the Hon Minister has something to say about it. Probably, we would want to hear the voice of the Hon Minister.
Mr Avedzi 4:40 p.m.
Mr Speaker, I accordingly abandon the proposed amendment.

Clause 7 ordered to stand part of the Bill.

Clause 8 -- Interpretation
Mr Avedzi 4:40 p.m.
Mr Speaker, I beg to move, clause 8 -- Definition of “Debt Recovery Levy”, line 3, before “642” insert “Act”.
Mr Avedzi 4:40 p.m.


Mr Speaker, there was a typographical error in the Bill. So, we have to insert the “Act” before the number.
Mr Speaker 5 p.m.
It is really a drafting issue.
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 ordered to stand part of the Bill
Mr Speaker 5 p.m.
Clause 10?
Clause 10 -- Transitional Provisions
Mr Avedzi 5 p.m.
Mr Speaker, I beg to move, clause 10, line 3, before “Debt” insert “Energy”
Mr Kyei-Mensah-Bonsu 5 p.m.
Mr Speaker, just a minor amendment to clause 10 -- Transitional provisions. With your permission, if I may read. Mr Speaker, it says:
“The total sum of moneys located in any account before the com- mencement of this Act which constitutes money collected under the Debt Recovery Levy…”
Mr Speaker, I thought because we had used plural for “moneys” in line 1, we should repeat same in line 2, so that, it would read; “The total sum of moneys located in any account…
Question put and amendment agreed to.
Mr Speaker 5 p.m.
Mr Second Deputy Speaker to take the Chair.
MR SECOND DEPUTY SPEAKER
Mr Second Deputy Speaker 5:01 p.m.
Hon Major Leader, -- the Schedule.
Sections 1 and 2.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule column under “RATE” in respect of “ENERGY DEBT RECOVERY LEVY”, sixth paragraph, delete “each litre” and insert “kg” at end of paragraphs “(a)”, “(b)” and “(c)” respectively.
Mr Speaker, the new rendition would read 5:01 p.m.
(A) In second column, delete “GHp37 per kg on LPG consisting in respect of:
(a) foreign exchange under recoveries -- Ghp5 per kg
(b) power generation and infrastructure support -- Ghp28 per kg; and
(c) Tema Oil Refinery debt recovery - Ghp4 per kg.
Question put and amendment agreed to.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule, column under “PAYMENT TO” in respect of “ENERGY DEBT RECOVERY LEVY”, delete “Debt Service Account” and insert “Energy Debt Service Account and Power Generation and Infrastructure Support Sub-Account”.
Mr Speaker, the payment will be made into two accounts, hence this amendment.
Question put and amendment agreed to.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule, column under “RATE” in respect of “PUBLIC LIGHTING LEVY”, first paragraph, line 1, after “per” insert “price of”
Question put and amendment agreed to.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule, column under “RATE” in respect of “PUBLIC LIGHTING LEVY”, second paragraph, delete
Question put and amendment agreed to.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule, column under “COLLECTING AGENCY” in respect of “PUBLIC LIGHTING LEVY”, line 2 of the paragraph, after “Ghana” insert “NEDCO and other suppliers of electricity”.
Question put and amendment agreed to.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule column under “PAYMENT TO” in respect of “PUBLIC LIGHTING LEVY”, line 4 of the paragraph, after “Companies” insert “and Power generation and Infrastructure Support Sub-Account”.
Mr Second Deputy Speaker 5:01 p.m.
Hon Opare-Ansah, I recognise you. I have seen you and you have caught my eye, before I put the Question.
Mr Frederick Opare-Ansah 5:01 p.m.
Mr Speaker, I only wanted to draw the attention of the Chairman to the fact that,
the Schedule was structured in terms of columns and rows. So, he would help all of us if when he wants to go to a particular cell in the matrix, he tells us which column and row; but merely saying that, under column this or that in respect of -- He is confusing you and everybody else.
Mr Second Deputy Speaker 5:01 p.m.
Hon Opare-Ansah, I have not complained.
Question put and amendment agreed to.
Mr Second Deputy Speaker 5:01 p.m.
Hon Chairman of the Committee, you know the four line rule when it comes to amendments?
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule, column under “RATE” in respect of “NATIONAL ELECTRIFICATION SCHEME LEVY”, line 1 of the paragraph, after “per” insert “price of”.
Question put and amendment agreed to.
Mr Second Deputy Speaker 5:01 p.m.
Hon Chairman, the last two amendments are more than four lines and you know what our Standing Orders state when the amendment is more than four lines.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule, column, under “COL- LECTING AGENCY” in respect of
“NATIONAL ELECTRIFICATION
SCHEME LEVY”, line 2 of the paragraph, after “Ghana” insert “NEDCO and other suppliers of electricity”
Question put and amendment agreed to.
Mr Avedzi 5:01 p.m.
Mr Speaker, I beg to move, First Schedule, column under “PAYMENT TO” in respect of “NA-
TIONAL ELECTRIFICATION SCHEME- 5:01 p.m.
Mr Second Deputy Speaker 5:10 p.m.
Hon Members, that brings us to the end of the Consideration Stage.
Hon Deputy Majority Leader?
Mr Agbesi 5:10 p.m.
Mr Speaker, item number
27.
Mr Second Deputy Speaker 5:10 p.m.
Hon Minister for Finance?
MOTIONS 5:10 p.m.
Minister for Finance (Mr Seth E. Terkper) 5:10 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order ‘31 (1) which require that when a Bill has passed through the Consideration Stage, the Third Reading thereof shall be taken until at least, twenty-four hours have elapsed, the Motion for the Third Reading of the Energy Sector Levies Bill may be moved today.
Mr Second Deputy Speaker 5:10 p.m.
Hon Muntaka?
Alhaji Muntaka 5:10 p.m.
Thank you, Mr Speaker.
Mr Speaker, with the greatest respect, there was the need for a second Consideration Stage in respect of clause 3 -- [Interruption] --
in fact, to discuss this very item. While we did so he noticed that this was taken and I was authorised to
Mr Second Deputy Speaker 5:10 p.m.
I do not have a problem with that. But it, is after the procedural Motion, I believe?
Alhaji Muntaka 5:10 p.m.
Mr Speaker, the amendment is moved by --
Mr Second Deputy Speaker 5:10 p.m.
I have recognised you, so, make your case.
Alhaji Muntaka 5:10 p.m.
Mr Speaker, we are masters of our own rules. This is a very important thing that we all need to deal with --
Mr Second Deputy Speaker 5:10 p.m.
Hon Muntaka, that is why I have given you the opportunity to speak. It is because of this important thing. So, speak to the issue that you would want to raise.
Alhaji Muntaka 5:10 p.m.
Rightly so, Mr Speaker. I would wait.
When I was out, it sounded as if the actual -- Sorry, Mr Speaker.
Mr Second Deputy Speaker 5:10 p.m.
Hon Ranking Member, the Motion has been moved.
Dr A. A. Osei 5:10 p.m.
Mr Speaker, I got up because I thought he was totally out of Order. We have not got to the Third Reading and he is calling for a second Consideration Stage. He is the Hon Majority Hon Chief Whip of this House, and we learn from the Hon Majority Chief Whip. It matters. [Interruption]
Mr Second Deputy Speaker 5:10 p.m.
Yes, Hon Member for Sekondi?
Papa Owusu-Ankomah 5:10 p.m.
Mr Speaker, with your indulgence, I would want to refer the Hon Majority Chief Whip to Standing Order 130 (1). Mr Speaker, I did not know what he was doing.
Thank you very much, Mr Speaker, for your very great indulgence.
Mr Second Deputy Speaker 5:10 p.m.
So, the Motion numbered 27 has been moved by the Hon Minister for Finance. Any seconder?
Yes, Hon Chairman of the Committee?
Mr Avedzi 5:10 p.m.
Mr Speaker, I beg to second the Motion.
Mr Second Deputy Speaker 5:10 p.m.
I will put the Question.
rose
Mr Second Deputy Speaker 5:10 p.m.
Yes?
Mr Agbesi 5:10 p.m.
Mr Speaker, item 28 -- Motion.
Mr Second Deputy Speaker 5:10 p.m.
Hon Deputy Majority Leader, but I have not yet put the Question.
Question put and Motion agreed to.
Resolved accordingly.
Mr Second Deputy Speaker 5:10 p.m.
Hon Members, item 28.
rose
Mr Second Deputy Speaker 5:10 p.m.
Yes, Hon Muntaka?
Alhaji Muntaka 5:10 p.m.
Thank you, Mr Speaker.
Mr Speaker, I come under Standing Order 93 and I would want us to move into a second Consideration Stage with respect to clause (3) of the Bill.
Mr Second Deputy Speaker 5:10 p.m.
You come under what order? You cannot come under Standing Order 93.
rose
Mr Second Deputy Speaker 5:10 p.m.
Hon Opare-Ansah?
Mr Opare-Ansah 5:10 p.m.
Mr Speaker, the Hon Majority Chief Whip should relax, take his time. We have only moved the procedural Motion that will enable us take the substantive Motion.
It is only when that substantive Motion is taken that he calls for the second Consideration stage.
We are not there yet. We are almost there.
Mr Second Deputy Speaker 5:10 p.m.
We are there.
Hon Muntaka, you come under Standing Order 130.
Alhaji Muntaka 5:10 p.m.
Yes, it is Standing Order 130. I mentioned Standing Order 93 wrongly.
Under Standing Order 130, I seek that we move to the second Consideration Stage in respect of clause (3). Mr Speaker, when we took clause (3), the essence of this levy was to help us deal with the -- [Interruption] --
rose
Mr Second Deputy Speaker 5:10 p.m.
Yes, Hon Papa Owusu-Ankomah?
Papa Owusu-Ankomah 5:20 p.m.
Mr Speaker, I know that the Standing Orders say that before an Hon Member stands up to move for the Third Reading. However, no Hon Member has stood up to move a Motion for the Third Reading for him to arrest it.
So, this particular Motion that the Hon Majority Chief Whip seeks to move is very premature, totally and egregiously out of order. It is premature. He should wait for the Hon Member to move for the Third Reading before he gets up to state that he is applying under Standing Order 130 for a second Consideration Stage of a particular clause of the Bill.
So, I am inviting Mr Speaker to rule the Hon Majority Chief Whip out of order.
Mr Second Deputy Speaker 5:20 p.m.
Hon Agbesi?
Mr Agbesi 5:20 p.m.
Mr Speaker, you called me to call the next item.
Mr Speaker, I called for item 28, which is a Motion, which states that the Energy Sector Levies Bill, 2015 be now read the Third time.
I called for the Third Reading of the Bill. It was at that stage that the Hon Majority Chief Whip came in to say the Third Reading should not come off; we should go for a second Consideration Stage. Mr Speaker, this was the process he tried to arrest.
Mr Second Deputy Speaker 5:20 p.m.
Hon Opare-Ansah, could you read order 130
(1)?
Mr Opare-Ansah 5:20 p.m.
Mr Speaker, first of all, this is to draw the attention of the Hon Majority Leader, that the Motion in question does not even stand in his name.
It stands in the name of the Hon Minister for Finance. He was only aiding the Chair in determining where we were in bvusiness by telling the Chair that we were on item 28. That in anyway does not mean that item 28 has been moved.
If one goes to Standing Order 131 (2), it stipulates and with your permission, I beg to read:
“Upon a motion “That the … Bill be now read the Third Time,” it shall be competent for any Member to move an amendment to delete the words …”
Mr Speaker, clearly, no Motion is before the House and so, it is incompetent for the Hon Majority Chief Whip to get up to arrest the process at that point.
Mr Second Deputy Speaker 5:20 p.m.
Yes, Hon Muntaka?
Alhaji Muntaka 5:20 p.m.
Mr Speaker, I am very surprised by the understanding of both my senior Colleague, the Hon Papa Owusu-Ankomah, Member for Sekondi and the Hon Opare-Ansah, the Member for Suhum of Order 130 (1).
Mr Speaker, with your permission, I read 5:20 p.m.
“If any Member desires to delete or amend a provision contained in a Bill which has passed through the Consideration Stage, or to intro- duce any new provision to it, he may, at any time before a Member rises to move the Third Reading of the Bill …”
So, Mr Speaker, the moment the Hon Deputy Majority Leader called for the Motion, before the person would rise, I called for an arrest. That is what order 130 (1) provides. I am surprised that this simple issue should be an issue of
controversy when we quickly would want to deal with this and get out of this place.
Hon Papa Owusu-Ankomah saw the Hon Minister rise to move the Motion and it was then that I made my intervention. I cannot be wrong per Standing Order 130 (1). I am perfectly right. I would be happy to learn just as I have been learning from him. Maybe, there is some other provision under this order somewhere that I am not conversant with and I would be happy to learn from him. However, based on Order 131 (1), in my opinion, I am conversant with it.
Papa Owusu-Ankomah 5:20 p.m.
Mr Speaker, the person in charge of the .business of the House is the Hon Speaker. It is not the Hon Majority Leader. The Hon Deputy Majority Leader adverted Mr Speaker's mind to the fact that we had reached item
28.
Mr Speaker had then not called upon any Member to move the Motion. It is only when Mr Speaker has called upon an Hon Member to move the Motion, that an Hon Member who would want a second Consideration Stage can apply under Order 130 (1) for the Bill to go through a second Consideration Stage. Mr Speaker has not called.
Mr Second Deputy Speaker 5:20 p.m.
I will give all of you the chance.
Hon Minister for Defence?
Dr Benjamin B. Kunbuor 5:20 p.m.
Mr Speaker, respectfully, the position of the former Leader of the House in this particular case is not tenable. In the order of things, no Hon Member can raise a point of order against Mr Speaker. So, if Mr Speaker were allowed to call somebody to move a Motion, it would not be possible for anybody to arrest him at that stage.
The proper rendition is the Standing Order that bidded before the step is taken to take the next step, which is a Motion. It can be arrested at that stage. But if an Hon Member allows Mr Speaker to direct that a Motion be moved, and a Member rises, the Member would be challenging Mr Speaker's direction on the matter.
Mr Second Deputy Speaker 5:20 p.m.
Hon W. O. Boafo?
Mr W. O. Boafo 5:20 p.m.
Mr Speaker, there is the need for us to draw a certain distinction between a Motion to seek your permission to move the substantive Motion for the Third Reading and -- What the Hon Minister did was not to move the Motion for the Third Reading. He got up to move a Motion to seek your permission to abridge the time and move the Motion for the Third Reading.
Mr Speaker, for the Hon Majority Chief Whip to get up and raise an issue for a second Consideration Stage when the first Motion is being raised, is tantamount to a premature intervention. So, the Hon Member for Sekondi is r ight. The procedural Motion is distinct from the substantive Motion.
Mr Second Deputy Speaker 5:20 p.m.
Yes, Hon Member?
Mr Chireh 5:20 p.m.
Mr Speaker, the procedural Motion was moved. That is why the Hon Deputy Majority Leader mentioned the item 28. I was here and saw the Hon Minister rise when the Hon Chief Majority Whip -- [Interruption.]
Yes, the procedural Motion was already taken. Otherwise, there is no way the Hon Deputy Majority Leader would have called --
Mr Second Deputy Speaker 5:20 p.m.
Hon Members, those who have risen should

not be disturbed. I will recognise all of you. I have sent for some references. I intend to rule on the matter and so we can listen to the debate while the reference comes.
Dr A. A. Osei 5:20 p.m.
My senior Friend is misleading the House. He said the Hon Deputy Majority Leader got up. He cannot get up unless the Hon Speaker invites him. He missed that part. It is after the Hon Speaker invited him that he called our attention to item 28.
He did not get up on his own. Mr Speaker invited him by asking; “Hon Deputy Majority Leader, what is the next item?” And he said, it was item 28. That was when he got up. That is the fact. He cannot say the Hon Minister got up on his own.
Mr Second Deputy Speaker 5:20 p.m.
Yes, Hon Minister for Roads and Highways?
Alhaji I.A.B. Fuseini 5:20 p.m.
Mr Speaker, in my opinion, the way the Order 130 (1) lays out the procedure, your attention must first be drawn to it and invite you to invite the Hon Minister to move the Motion. When you invite the Hon Minister to move the Motion, it is at that point that a Member can arrest the process. -- [Interruption.]

Please, the Hon Member is not in charge; he should not arrogate power to himself.
Mr Second Deputy Speaker 5:20 p.m.
Hon Minister for Roads and Highways, address the Chair.
Alhaji I.AB. Fuseini 5:30 p.m.
Mr Speaker, if someone purports to arrogate the powers of the Speaker to himself, when he is sitting like I am sitting, one needs to draw his attention to the fact that he has not such powers.
Mr Speaker, we are sitting here. I did not hear you invite the Hon Minister for the Third Reading. If you had invited him, that would have been the appropriate point and time to arrest the process and call for a second Consideration of the Bill.
Mr Second Deputy Speaker 5:30 p.m.
Hon Agbesi?
Mr Agbesi 5:30 p.m.
Mr Speaker, I would like you to look at the phrase in Order 130 (1):
“…at any time before a Member rises to move the Third Reading of a Bill…”
Mr Speaker, that is the stage where the arrest would take place. I invite you to rule on this one.
Mr Second Deputy Speaker 5:30 p.m.
If the Hon Majority and Minority Leaders are minded to let us have the benefit of their wisdom on this matter, I will then give my ruling. They may change my mind -- [Laughter.]
Mr A. S. K. Bagbin 5:30 p.m.
Mr Speaker, I do not think that the Hon Majority Chief Whip will pursue his request further. I have advised him to withdraw it. It is now moot. We will move unto the Third Reading. [Pause.]
Mr Second Deputy Speaker 5:30 p.m.
Hon Members, the Hon Majority Leader,
speaking on behalf of the Hon Majority Chief Whip, has just informed me that the Hon Majority Chief Whip has withdrawn his application under Order130
(1).
He applied for a second Consideration Stage. But what preceded this announcement by the Hon Majority Leader was a very interesting discourse as to the time an Hon Member can rise to demand that the House goes through a second Consideration Stage of a Bill.
Hon Members, we are interested in the phrase “at any time”.
Order 130 (1) says:
“If any Member desires to delete or amend a provision contained in a Bill which has passed through the Consideration Stage, or to introduce any new provisions to it, he may, at any time before a Member rises to move the Third Reading of the Bill, move that the Bill do pass through a Second Consideration Stage…”
Erskine May in his 24th Edition, page 619, tells us that:
“The principal purposes of amend- amendments on Third Reading are:
(1) to clar ify any remaining uncerta inties;
(2) to improve the drafting; and
(3) to enable the Government to fulfil undertakings given at earlier stages of the bill.”
I have written a ruling and minded to use it, but I believe my hands have been tied by the Hon Majority Leader, who said
that the application has been withdrawn, the point is now moot. I agree with him. So, I will not read the ruling.
Yes?
Papa Owusu-Ankomah 5:30 p.m.
Mr Speaker, in traditional parlance, what has happened could be described as “Yaa bot sooboi egu;” to wit, “we have made so much noise and it has come to nothing”. [Laughter.]
Mr Second Deputy Speaker 5:30 p.m.
In fact, I was poised. I had sent for Erskine May, I had consulted with the Clerks-at-the- Table and I had listened to all the pieces of advice of all the Hon Members and I started writing my ruling. But the Hon Majority Leader has arrested my ruling. So, my hands are tied.
Mr Bagbin 5:30 p.m.
Mr Speaker, at the appropriate time, you will get the opportunity to do this. This is because we have gone through Erskine May; we have the practice of various Houses at our disposal. So, we would properly guide Mr Speaker, to give a ruling on that.
Mr Speaker, we may now consider item 28, which is the Third Reading
BILLS -- THIRD READING 5:30 p.m.
Mr Bagbin 5:30 p.m.
Mr Speaker, the last item on page 2 of the Order Paper, item 7.
Mr Second Deputy Speaker 5:30 p.m.
Item 7, Chairman of the Committee.
MOTIONS 5:30 p.m.
Chairman of the Committee (Alhaji Amadu B. Sorogho) 5:30 p.m.
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Mines and Energy on the Interconnection of the Ghana Gas Transmission System with the West African Gas Pipeline to enable Reverse Flow of Gas from Aboadze to Tema.
Mr Speaker, in so doing, I present your Committee's Report.
Introduction
The Project for the Interconnection of Ghana Gas Transmission System with the West African Gas Pipeline to enable Reverse Flow of Gas from Aboadze to Tema was laid in Parliament by the Hon Minister for Petroleum, Hon Emmanuel Armah-Kofi Buah on 27th October, 2015. The Paper was laid in accordance with the Treaty on the West African Gas Pipeline Project.
The Project was subsequently referred to the Committee on Mines and Energy by Mr Speaker for consideration and report pursuant to Order 188 of the Standing Orders of Parliament.
Deliberations
The Committee met with the Minister for Petroleum, Hon Emmanuel Armah-Kofi Buah to consider the Reverse Flow Pipeline Project.
The Committee is grateful to the Hon Minister for his attendance and for
providing clarifications on issues raised at the meeting.
Reference Documents
The Committee referred to the under- listed during its deliberations:
i. The 1992 Constitution of the Republic of Ghana
ii. The Standing Order s of Parliament
iii. The West African Pipeline Act, 2004 (Act 681)
iv. The Treaty on the West African Gas Pipeline. Project between theRepublic of Benin and the Republic of Ghana and Federal Republic of Nigeria and the Togolese Republic
v. The International Project Agree- ment between the Republic of Benin and the Republic of Ghana and the Federal Republic of Nigeria and the Togolese Republic and the West African Gas Pipeline Company Limited.
Background Information
As part of its strategies to maximize benefits from the country's oil and gas resources, the Government intends to harness and utilise indigenous gas as a catalyst for industrial development.
In line with this objective, the Government embarked on a gas infrastructure project, which involved the construction of offshore gas pipeline, a gas plant and an onshore pipeline. The first phase of the project has been completed. The commissioning of the gas processing plant at Atuabo and the 110 kilometre gas transmission pipeline from
Atuabo to Aboadze to transmit Jubilee gas to VRA's Power Plants.
Despite the completion of the project, the country is yet to realise the full utilisation of the gas due to the unavailability of some thermal plants at Aboadze to utilise all the gas from the Jubilee Field. This has resulted to flaring of excess gas against the zero flaring policy of Government and the curtailment of oil production from the Jubilee Field due to re-injection of the excess gas.
In responding to the challenge, the Government intends to use the West African Gas Pipeline (WAGP) to address the challenge within the short-term. The WAGP has a designed capacity to transmit 460 million standard cubic feet of gas (mmscfd) at full pressure and a free flow capacity without compression of about 170 mmscfd.
The current contracted volume for Ghana is 123 mmscfd. However, the actual volumes which have been supplied through the WAGP during the last two years have remained erratic and much below the contracted levels thereby creating room for the transmission of extra gas through the pipeline.
The transmission of additional gas through the WAGP however, requires the construction a compressor to enable a reverse flow of gas from Takoradi to Tema.
Being a modification of the West Africa Gas Pipeline Agreement between the Government of Ghana and the West African Gas Pipeline Company (WAPCo), it therefore, became imperative to lay the Project in Parliament for its approval.
Description of the Project
The project involves the construction of a reverse flow pipeline to interconnect
the Ghana Gas transmission pipeline system with the WAGP.
The WAGP facility together with piping modifications would be used for the regulation and metering the reverse flow of gas from Takoradi. As theWAGP does not have offshore isolating valves to separate any of its segments, it will operate as an integrated system and act as reservoir for gas volumes injected at Takoradi.
The gas will be injected simultaneously at two points, Itolci and Takoradi and withdrawn at three points -- Tema, Cotonou and Lome.
The design and construction of the interconnecting pipeline and piping modifications at the WAGP facility could be implemented within four (4)months.
Observations
The following observations were made by the Committee during its deliberations:
Cost of the Project
The Committee was informed that the construction of the reverse pipeline will be done at no cost to the Government of Ghana. The Minister for Petroleum stated that the West African Pipeline Company (WAPCo) has expressed willingness to finance the capital cost of the project which is estimated at five million, four hundred thousand United States dollars
(US$5,400,000.00).
The capital cost is to be recovered by the WAPCo through transportation charges.
Options for Transmitting Gas from Takoradi to Tema
The Committee was also informed that the Ministry of Petroleum considered two possible means of transmitting natural gas

from Takoradi to Tema. The first option was to build a dedicated on-shore gas transmission pipeline from Takoradi to Tema at the estimated cost of three hundred and fifty million United States Dollars (US$350,000,000.00).

The second option was to construct a reverse flow pipeline at Takoradi to transport the gas from Takoradi to Tema costing five million, four hundred thousand United States dollars

(US$5,400,000.00).

The Hon. Minister informed the Committee that theMinistry opted for the second option for the short-term on the account of the cheaper and quicker solution it presented; the fact that WAPC opipeline is already in existence. For the long term however, the Minister hinted that a dedicated pipeline would be built for that purpose.

Maximising the Country's Gas Potential

It was again noted that the execution of the reverse pipeline project would promote the optimal utilisation of the country's natural gas resources for domestic consumption especially for power generation. The Committee noted that a temporary gas surplus has emerged at Aboadze due to the non-availability of some thermal plants in the power enclave.

This is because while potentially 120 mmscfd of gas could be supplied from the Jubilee Field, supply has been restricted to 80 mmscfd, thereby creating a surplus of 40 mmscfd of gas. Additionally, the project takes account of gas expected from upcoming fields.

The total of 50 mmscfd of gas is expected to be produced from the Tweneboa-Enyena-Ntomme (TEN) Field in

2017 and an additional 180 mmscfd is expected to be produced from the Sankofa-Gye Nyame fields in 2018.

Commitment of the State under TEN Gas Sales Agreement

The Committee further noted that the completion of the project would enable the State meet its existing commitment under the Gas Sales Agreement with the TEN and Sankofa partners. A part of the terms of the Agreement, the State has committed itself to pay for available gas produced from the field whether the gas is utilised or not.

Thus, the execution of the project is critical in mitigating this financial risk to the Ghana National Petroleum Cor- poration (GNPC), the national gas aggregator.

Arrangements for the Execution of the Project

The Committee finally was assured that the Ministry of Petroleum has put in place all the necessary mechanisms to ensure the timely completion of the project. As part of the plans for the project, the Committee was informed that a Gas Transportation Agreement (GTA) will be executed between the Ghana National Petroleum Corporation (the National Gas Aggregator) and the West African gas Pipeline Company (WAPCo).

Conclusion and Recommendation

Having duly scrutinised the referral, the Committee is of the view that the execution of the project would help in addressing the current power supply challenges facing the country. It would also reduce cost of power generation and improve the financial status of the power utility entities.
Mr Kobina T. Hammond(NPP -- Adansi Asokwa) 5:30 p.m.
Mr Speaker, I would not be able to second the Motion.I appreciate that these copies were distributed some time back, about two or three weeks ago.
Hon Members do really have the Report. Is there any way we can take some minutes to read our Report, so that at least, we can make -- ten minutes for us to --
Mr Second Deputy Speaker 5:30 p.m.
This is the last item.
Mr Hammond 5:30 p.m.
Mr Speaker, they said they did not have copies. I am not even sure the Hon Minority Leader himself has -- He has just been given a copy. Maybe, we can take some ten minutes to go through, so that we can actually do justice.
Mr Second Deputy Speaker 5:30 p.m.
I do not intend to suspend the Sitting. So, I will give you five minutes. I will sit here and wait and after five minutes, we will start the debate.
Hon Chairman, has the Report been distributed?
Alhaji Sorogho 5:30 p.m.
Mr Speaker, it was distributed long ago. It is likely that he might have mixed it up with documents. The Report was done and distributed long ago.
Mr Second Deputy Speaker 5:30 p.m.
If you do not mind, arrange for a few copies for Hon Members while we give them some few minutes to read. I have great confidence in the reading ability of Hon Members. They would read it in a very short time.
Mr Opare-Ansah 5:30 p.m.
Mr Speaker, if the Hon Ranking Member is not in the position to second the Motion, I believe there are other Hon Members of the Committee who may be able to second it. So, thereafter, we can suspend the debate on the Motion and do other business while you give us time to study the document. As it stands, a Motion has been moved. It is hanging; it has not been seconded.
Mr Second Deputy Speaker 5:30 p.m.
That is a good advice. So, who will second the Motion? Hon K. T. Hammond, will you second the Motion?
Mr Hammond 5:30 p.m.
Thank you very much, Mr Speaker, for the indulgence.
Mr Speaker, I have gone through the Report and I recall exactly what transpired.
Mr Speaker, I beg to second the Motion. In so doing, I just want to reiterate the point that was made at the Committee stage, that at the moment, the construction is not going to cost the Government any money. It was stated that it would not cost us anything but I guess that is not proper a terminology.
Ultimately, a tariff would be paid but it was going to cost about GH¢3.54 million, which is going to be borne by the West Africa Pipeline Company Limited (WAPCO). The intent to make good their investment by way of charging tariffs at a certain rate.
Mr Speaker, at a point in time, it was suggested that maybe, we should construct our own dedicated pipeline for the purpose of the transmission gas from that end to the eastern corridor. Mr Speaker, the Committee considered that --
Mr Hammond 5:30 p.m.
From the Atuabo end to the eastern end. After further reflection, it was considered that it might be infinitely sensible if we did reverse flow along the West African Gas Pipeline.
Mr Speaker, I support the Motion and ask the House to approve it.
Question proposed.
Dr Anthony A. Osei (NPP -- Old Tafo) 5:30 p.m.
Mr Speaker, even though I just got a copy of the document and have not, in all honesty, read the entire Report --
Mr Second Deputy Speaker 5:30 p.m.
Hon Member, is it Tafo or Old Tafo?
Dr A. A. Osei 5:30 p.m.
Old Tafo.
Mr Second Deputy Speaker 5:30 p.m.
Which one is New Tafo? There is no Hon Member for New Tafo.
Dr A. A. Osei 5:30 p.m.
There is New Tafo -- [Interruption] It is not the one in the Eastern Region. It is the cemetery constituency -- [Interruption] My Friend, if I do not give you a visa, you cannot come there. They will bury you. You do not know Tafo asieye.
Mr Speaker, the Hon Ranking Member just made a comment that appears to confirm what is in paragraph 6.1. I totally disagree with him and the Committee. Mr Speaker, with your permission, I would want to read:
“The Committee was informed that the construction of the reverse pipeline will be done at no cost to the Government of Ghana. The Minister for Petroleum stated that
the West African Pipeline Company (WAPCO) has expressed willing- ness …”
Mr Speaker, who owns WAPCO? The Government of Ghana (GoG) has shares in it. If WAPCO is paying, we are partly paying. So, this Committee's Report -- [Interruption] But GoG owns shares.
To say that it will come at no cost to GoG, is not entirely correct. WAPCO is partly owned by GoG. So, it would have to pay part of its shared in the 5.4 million, which is alright. I do not have any problem but to say it is at no cost to GoG. It is not entirely correct. It is a good project but let us not say there is no cost.
It is like somebody saying that he has issued Letters of Credit (LC) but have not paid any money. There is a cost to an LC. So if he says he has not paid any money, it is not correct. The Committee would agree that it is not entirely true. Not everybody knows that you own shares in WAPCO. It is alright for a shareholder to bear a cost as an investment. I do not have any problem.
Minister for Environment, Science and Technology (Mr Mahama Ayariga)(MP) 5:30 p.m.
Mr Speaker, the Committee is right. This is because these are two different legal entities. The Committee is writing the Report from the perspective of the GoG. The Government of Ghana is clearly not paying the bills. They are being paid by the company.
It is true GoG has an interest but we have not got there yet. That is not the debate. That is not what we are looking at. What we are looking at is the liability of GoG. The Committee is right. It is good that his intervention has educated many of us regarding the shareholding and the fact that GoG has shares. We do not know how much. That enlightens us.
Strictly speaking, the Committee is right when in its Report, it says that GoG is not paying. It is the company that is paying. The company is partly owned by the GoG, but strictly speaking, the Committee is right in what it says.
Mr William O. Aidoo (NPP -- Afigya Kwabre South) 5:30 p.m.
Mr Speaker, the little I would like to add to what my Hon Ranking Member said is that, I would urge the Ministry to endeavour to raise the relatively small sum. When you consider the petroleum industry -- the sort of moneys that are involved --5.4 million is not really that big.
I urge the Hon Minister to endeavour to raise this money and construct the reverse flow ourselves. The Hon Minister is saying that WAPCO is now -- [Interruption] We are going to pay for the transportation of the gas and when you do the analysis, you would find that the payback time is relatively short.
So, I would urge the Hon Minister to try and raise that money, so that GoG can own the portion of this Project ourselves instead of leasing it.
Mr Hammond 5:50 p.m.
Mr Speaker, these days, one has to be very careful what one says and what is supposed to have been recorded in this House.
Mr Speaker, I fundamentally disagree with my Hon Colleague, maybe, he did not listen to the last part of my submission. I said that, even though the document appears to have said that it was not any cost to Government that may not entirely be true. This is because in the end, there will be a cost to the Government of Ghana.
I said that. So, if he says he disagrees with me because I said that, let me go on record before it will go out there and start gathering the momentum that K. T. Hammond says that it has no cost. I did not say that Mr Speaker --
Mr Second Deputy Speaker 5:50 p.m.
I was surprised when you said that these days you have to be careful of what you say. Was there a time that you did not have to be careful? I thought you had always have to be careful.
Mr Hammond 5:50 p.m.
I have always been meticulous in this House.
Thank you very much for your comments.
Mr Second Deputy Speaker 5:50 p.m.
Thank you Hon K. T. Hammond.
rose
Mr Second Deputy Speaker 5:50 p.m.
Hon Agbesi, do you want to contribute?
Mr Agbesi 5:50 p.m.
I was going to take a point of order against Hon K. T. Hammond but he is already done.
Question put and Motion agreed to.
Dr A. A. Osei 5:50 p.m.
I just want to know if you took a headcount and you had one vote.
Mr Second Deputy Speaker 5:50 p.m.
It was a voice vote. But I did not hear a single “Noe” -- [Pause.]
Mr Second Deputy Speaker 5:50 p.m.
Hon Akoto Osei, I will not allow you to lead me into temptation -- [Laughter.]
Mr Kyei-Mensah-Bonsu 5:50 p.m.
Mr Speaker, I just want to be very sure of what we have done. The Report, which we have just approved, says that it is on the project of an interconnection Ghana Gas
Mr Buah 5:50 p.m.
Thank you, Mr Speaker. It is from Aboadze to Tema. But the 111 kilometres Ghana Gas Pipeline is from Atuabo to Aboadze. And what we are trying to do now is to make sure we extend that pipeline to the eastern corridor in Tema, so that if there is any excess gas, it can go straight to the power plant.
Mr Second Deputy Speaker 5:50 p.m.
What the Hon Minority Leader is saying is that, at some point, you say from Takoradi to Tema and at some other point, you say from Aboadze to Tema.
Mr Buah 5:50 p.m.
It is from Aboadze.
Mr Second Deputy Speaker 5:50 p.m.
Why that confusion, if there is any?
Mr Bagbin 5:50 p.m.
Mr Speaker, the Motion that has been moved is talking about from Aboadze to Tema. It is only the Report on its cover page that has a rendition, which says, “Takoradi to Tema”. But the Motion, which has been moved, is talking about Aboadze to Tema and the conclusion also talks about from Aboadze to Tema. So, that is the right thing.
Mr Second Deputy Speaker 5:50 p.m.
Hon Papa Owusu-Ankomah?
Papa Owusu-Ankomah 5:50 p.m.
Mr Speaker, I would not want to draw you into this but you will recall that on some occasions, we have questioned why Aboadze is described as “Aboadze-Takoradi”. That is what leads to the confusion.
I am saying that, the Hon Member for Shama, you will see Aboadze Thermal Plant, Takoradi. I am saying that, sometimes, that is how wrongly they describe it. So, to outsiders, Aboadze is in Takoradi, hence the Committee caught itself in this mistake. Aboadze is Aboadze near Shama. It is not Aboadze near Takoradi.
Mr Second Deputy Speaker 5:50 p.m.
And that exactly, Hon Member for Sekondi, is the point. And it is the point that is well known to those of us who come from that part of Ghana. Aboadze is very far from Takoradi but at the beginning of the project, they said, Aboadze Thermal Plant, Takoradi.
Even if you talk of major towns from Takoradi, you will come to Sekondi, Esikado and Inchaban before you come to Aboadze. So, Hon Minority Leader, it is the confusion that started from the onset of the project.
Mr Buah 5:50 p.m.
Is it the case that the Hon Member wanted it to be Aboadze, near Sekondi? Is that what he is worried about?
Mr Second Deputy Speaker 5:50 p.m.
No! It is Aboadze, near Shama. If there is any city near it, then it should be Shama and not Sekondi. Or Hon Member, should we put it near your city?
So, the Motion is accordingly carried.
Hon Majority Leader?
Mr Bagbin 5:50 p.m.
Mr Speaker, let us take item 8, that is the consequential Resolution.
Mr Second Deputy Speaker 5:50 p.m.
Item 8, Hon Minister for Petroleum?
RESOLUTIONS 5:50 p.m.
Minister for Petroleum (Mr Emmanuel Armah-Kofi Buah) 5:50 p.m.
Mr Speaker, I beg to move,
WHEREAS by the provisions of article 181 (5) of the Constitution the terms and conditions of any international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181 (5) of the Constitution and at the request of the Government of Ghana acting through the Minister responsible for Petroleum, there has been laid before Parliament the terms and conditions of a request for Inter- connection of the Ghana Gas Transmission System with the West African Gas Pipeline to enable Reverse Flow of Gas from Aboadze to Tema.
THIS HONOURABLE HOUSE 5:50 p.m.
Alhaji Amadu Bukari Sorogho 5:50 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Bagbin 5:50 p.m.
Mr Speaker, I think we have come to the end of the business for the day and we will now move to the closing ceremony of the Meeting.
Mr Second Deputy Speaker 5:50 p.m.
Thank you.
The Rt Hon Speaker will take the Chair.
5. 58 p.m. --
Mr Speaker 5:50 p.m.
Hon Majority Leader?
Mr Bagbin 5:50 p.m.
Thank you, Mr Speaker.
I can happily inform you that the House has successfully completed the business of the day and with your kind permission, we may now move into the Closing Ceremony.
Mr Speaker 6 p.m.
Hon Minority Leader?

Closing Remarks
Minority Leader (Mr Osei Kyei- Mensah-Bonsu) 6 p.m.
Mr Speaker, having come to the end of our plenary Session for the Third Meeting of the Third Session of the Sixth Parliament, we must, first of all, be most thankful to God for sustaining our lives and giving us strength to go about our activities.
Mr Speaker 6 p.m.
Thank you, Hon Minority Leader.
Majority Leader (Mr Alban S. K. Bagbin) 6:10 p.m.
Thank you Mr Speaker, for the opportunity to make a few remarks at the end of the Third Meeting of the Third Session of the Sixth Parliament of the Fourth Republic.
Mr Speaker, I would like to begin by saying that God is good all the time and all the time God is good. Once again, the Almighty God has seen us through another Session of the Sixth Parliament, which commenced on Tuesday, 27 th October, 2015 and ending today, Wednesday, 23rdDecember, 2015. In all this, the House Sat for a total of 33 days.
Mr Speaker, even though this Meeting was short, it was nonetheless eventful and hectic as is the case with every Third Meeting. During the Meeting, the Minister for Finance attended upon the House on Friday, 13th November, 2015 and presented the Budget Statement and Economic Policy of the Government of the Republic of Ghana for the 2016 Financial Year.
The House had only five (5) weeks to scrutinise and approve the budget, compelling the House to Sit beyond the prescribed hours to be able to scrutinise all the sector estimates and for the House to approve same. I whole-heartedly commend my Hon Colleagues for sacrificing and enduring to Sit for such long hours in order to pass the Appropriation Bill, 2015, which we did yesterday.
Mr Speaker, as we endeavour to deepen good governance, it is important that Parliament is given adequate time and opportunity to scrutinise the budget. I therefore, wish to reiterate my call given
Mr Bagbin 6:10 p.m.
This is the latest Member of Parliament. He wants to be recognised— [Hear! Hear!]
Mr Kyei-Mensah-Bonsu 6:10 p.m.
Mr Speaker, in fact, this is the first time I am getting to know this. I was not here on Monday and I did not even know that the Hon Member had already taken his seat. So, I wanted to know who the person was and the Majority Leader did the right thing in letting him identify himself.
Mr Bagbin 6:10 p.m.
Mr Speaker, that is why we are always worried about the conduct of Hon Members on the floor. This is because for the past few days, Hon Members have been raising their hands and so, he has picked it from Hon Members — [Laughter.]
Mr Speaker, let me once again, take this opportunity to congratulate the Hon Member for his victory and to remind him of his Oath, which in part, is to conscientiously discharge the duties of a Member of Parliament and this includes the duty to serve the interest of this House, to his constituency, to his country, to his party, to his family and at the same time, within 24/7. That is not an easy task but that is what he chose to do.
Mr Speaker, I would want to encourage him to make a conscious effort to learn the rudiments of the job and to assure him that we have capable Hon Members from both sides of the House who are ready and willing to assist him in this regard.
Mr Speaker, I have attached a summary of the business transacted during the Meeting and I wish to request the Department of Official Report to capture it in the Hansard as having been read.
Mr Speaker, I will take this opportunity to commend you highly for steering the affairs of the Sittings of the Meeting to a successful end — [Hear!Hear!] We know it has been tiring, given that the House had to Sit very late into the night, particularly during the last two weeks of this Meeting.With the support of your able deputies, you have successfully excelled in your duty.
Mr Speaker, as we prepare to receive the birth of Christ, I pray for good tidings of the season and that you shall return refreshed to continue with the work of the House.
To my Hon Colleague, the Minority Leader and the entire Leadership, I must say that I have enjoyed the fullest support and co-operation during the Meeting. Leading Hon Colleague Members as primus inter pares is always a challenge but with the spirit of cooperation among us, we have been able to surmount this challenge,
That is what will take this country forward and I love the fact that Hon Colleagues are learning the culture of give and take, the spirit of openness, love and sharing.
Mr Speaker, if we do not form a political class to lead this country and we continue to do divide and rule, this country will not develop. I believe we need to work together as leaders and not as opponents.
I wish us all a Merry Christmas, particularly with our constituents.We shall meet again in January to commence the last Session of this Parliament.
Mr Speaker, to all Hon Members, I thank you for your understanding, endurance and co-operation. I am aware that your efforts are often not recognised but that is the hazard of the profession you have chosen for yourselves; I hope and pray that you will not relent but would continue to give off your best for mother Ghana.
May the good Lord grant you travelling mercies to your families and constituents.
I also thank the hardworking and sanctimonious Clerk to Parliament and his professional and dependable staff for the support rendered during the period. I wish you all a Merry Christmas and Happy New Year.
To the Parliamentary Press Corps, on behalf of my Hon Colleagues, I thank you for the reportage of the business of the House.We know how difficult it is for you to hear what we say and also to understand and appreciate the technicalities, and to adequately report to the people of Ghana, the transactions, the discourse and the business of the House.
We know that from time to time, we have had differences, but we have been able to resolve all these in a very harmonious manner. The House and its Members are not infallible. However, as partners, I wish to appeal to you to reach out to the Leadership anytime there is a matter regarding the House and Hon Members before going to press.
It is very important because the work of Parliament is technical and sometimes it is very difficult for you to appreciate what happens on the floor. I believe this would spare the House the trouble of issuing a rejoinder to correct a wrong reportage.
I wish you all a healthy Christmas and hope that your Editors and Managers will allow you to drop your pens briefly and spend quality time with your families during the season.
I thank you, Mr Speaker, for the opportunity and once again, I wish everyone a Merry Christmas and a Happy New Year.
God bless the Parliament of Ghana.

Introduction

The Third Meeting of the Third Session of the Sixth Parliament of the Fourth Republic commenced on Tuesday, 27th October, 2015 and ended on Wednesday, 23rd December, 2015. The House held a total of thirty-three (33) plenary Sittings within nine (9) weeks during which it performed its deliberative and legislative functions, among other duties.

Financial Policy of Government.

The House considered and approved the Budget Statement and Economic Policy of the Government of Ghana for the 2016 financial year.

Oath

The Hon Member of Parliament-elect for Amenfi West, Mr. Eric Afful took and subscribed to the Oath of Allegiance and the Oath of Member of Parliament administered by the Rt Hon Speaker.

Papers Presented

One hundred thirty (130) Papers were presented to the House. The Papers include Bills, reports from committees of the House and Ministries, Departments and other Agencies (MDA'S) among others.
Mr Speaker 6:30 p.m.
Hon Members, we have come to the end of the Third Meeting of the Third Session of the Sixth Parliament of the Fourth Republic. We must express our gratitude to the Almighty God for giving us the strength and good health to satisfactorily accomplish our mission for this Third Meeting as well as the entire Third Session.
I am grateful to my two deputies who have ably supported me in steering the affairs of the House. I must also acknowledge the support and guidance I received from the Leadership, which, as you know, is essential in holding this House together and in resolving several issues, which otherwise, would have been a drag on the pace of our work.
Hon Members, let me commend you for your commitment to the work of this House, particularly enduring long hours of Sittings to transact parliamentary business, including the valuable time
spent debating and scrutinising the 2016 Budget Statement and Financial Policy of Government as well as the Appropriations Bill for the year 2016.
I also commend Hon Ministers who responded promptly to our invitations to answer parliamentary Questions and to carry through Government Business in the House relating to their respective Ministries, Departments and Agencies.
Hon Members, you will recall that at the beginning of this Meeting, we were privileged to host Colleague Speakers and their delegations to the 15th Conference of Speakers and Presiding Officers of the Commonwealth Parliamentary Association (Africa Region) in Accra.
I will like to express my sincere gratitude to His Excellency the President, Mr John Dramani Mahama as well as the Ministry of Finance for their support given to the Conference. I also thank the Leadership and Members of this House for the various roles they played in the success of the Conference.
Hon Members, it is a while now that we established article 181 (5) Committee; no report has come out as of now. I expect the Committee to work during the recess and submit a report to the House for consideration and possible adoption. Failing to do that, I may have them to refer the matter to the Constitutional, Legal and Parliamentary Affairs to look at it because this matter has been with the Committee for far too long.
Hon Members, I am also in consultation with the Leadership of the House and the Clerk to Parliament, so that some time early next year, we would be able to hold a workshop for the whole House to discuss and improve upon performance in certain specific areas.
I know that the various caucuses have been holding workshops but it is important to hold a workshop for the whole House in certain areas that have been identified by the Leadership of the House, that need improvement.
Hon Members, you can see that specific legislative software has been installed on each of the computer consoles on your respective tables, enabling you to access various parliamentary Papers while in the House. These include Order Papers, Votes and Proceedings and other documents. The facility is also intended to enable you express your vote electronically, if required.
The acquisition and installation of this equipment and software are purpose- driven and strategic. In addition to enhancing your efficiency, effectiveness and convenience, they aim sprincipally at reducing to the barest minimum, the volume and cost of stationery and printing items.
Accordingly, at the commencement of the next Session of the House in 2016, only a limited number of procedural Papers will be printed for the conduct of business in the House. This limited copies printed will be for purposes of laying of Papers and caucus consultations. Hon Members will be required to, as much as possible, use the electronic facilities made available to you on your respective tables to access procedural Papers necessary for your work in the House.
Members who require help in the use of the electronic equipment will be
assisted through an orientation programme arranged for the purpose in consultation with the Leadership and the Clerk to Parliament. Members will be duly informed as soon as the date for the orientation is scheduled.
Hon Members, I do express my sincere thanks to the Clerk and his able and dedicated staff, who provided the necessary support behind the scenes for our work. I also thank the auxiliary services in the House -- the paramedics, the Ghana National Fire Service and Police detachments, whose efforts are sometimes unseen and unnoticed, yet crucial for the successful conduct of our work.
I also commend the work of the Parliamentary Press Corps in providing media coverage for the House and its proceedings.
Hon Members, in two days time, we shall be celebrating Christmas. As we break for the Christmas recess, let us reflect soberly on the season's message of “Glory to God in the highest and on earth peace, good will towards Men” that marked the birth and life of Jesus Christ.
I wish you all a Merry Christmas and a Happy and Prosperous New Year in advance.
As we leave the precincts of Parliament for our respective homes and constituencies, it is my prayer that the Almighty God would grant us all good health, travelling mercies and shield us till we meet here again in the year 2016.
Thank you.
ADJOURNMENT 6:30 p.m.