Mr Speaker, I took the earlier position because, the Office of the Special Prosecutor is a creation of statute; it is not constitutional. We are not equating that Office to that of an Hon Minister of State.
Mr Speaker, my earlier submission was that, it would be subordinate to the equation of an Hon Minister of State. By even that higher position, we do not demand two-thirds prior approval of Parliament.
Mr Speaker, it would take some time for us to appreciate that one could be partisan, yet impartial in the performance of his or her duties. It would take some time for Ghanaians to appreciate that.
Mr Speaker, we have been given finality of the authority to make law. So, the process is to open up for the public to participate and that was why the stakeholders came in to give their inputs, but at the end of the day, it is this House that would be held responsible for whatever we would pass.
Mr Speaker, it is not for nothing that as far back as the 1940's, our illustrious Mr J. B. Danquah stated that, he was for the supremacy of the rule of law and not the supremacy of Parliament.
This Parliament is not supreme. It was from such statements that made this Parliament unlike that of the British Parliament which is sovereign and can do whatever it wants, but here, it is the rule of law. The law says that, we cannot do what we are proposing to do. It is the rule of law.
The person that would give the authority to this Special Prosecutor, is approved by a prior majority. We would want to create this delegated authority which would require higher degree approval and that definitely is irregular.
Mr Speaker, yes, just to give some degree of satisfaction to all of us, we could agree to the majority. But I would have preferred the words “prior approval”, but because of these doubts and skepticism, we could agree to the proposal in the Bill, but not worsen it.
Mr Speaker, whatever we do, at the end of the day, if the democratic culture is still that weak, people would still doubt the impartiality of the office holder, and the office that we are creating is part of the Public Service -- He is a Public Servant, so I do not know why we want to give some mystical concept which would just only be in our minds but not in practice. There is no way we can implement that.
I think we should accept what is in the Bill and I urge all Hon Members to support that.