Debates of 22 Jun 2018

MR SPEAKER
PRAYERS 10:40 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:40 a.m.

Mr Speaker 10:40 a.m.
Hon Members, correction of Votes and Proceedings dated 21st June,
2018.
  • [No correction was made to the Votes and Proceedings of Thursday, 21st June, 2018.]
  • Mr Speaker 10:40 a.m.
    Hon Members, correction of the Official Report of 7th June, 2018. Any corrections?
  • [No correction was made to the Official Report of Thursday 7th June, 2018.]
  • Majority Leader/Chairman of the Business Committee (Mr Osei Kyei- Mensah-Bonsu) 10:40 a.m.
    Introduction
    Mr Speaker, the Committee met yesterday, Thursday, 21st June, 2018 and arranged Business of the House for the Seventh Week ending Friday, 29th June
    2018.
    Mr Speaker, the Committee accordingly submits its Report as follows 10:50 a.m.
    Arrangement of Business
    Formal Communications by the Speaker
    Mr Speaker, you may read any communication to the House if they are available.
    Question(s)
    Mr Speaker, the Business Committee has scheduled the following Ministers to respond to Questions asked of them during the Week:
    viii. Minister for Energy -- 3
    ix. Minister for Roads and Highways -- 6
    Total number of Questions -- 19
    No. of Question(s)
    i. Minister for Local Government and Rural Development -- 2
    ii. Minister for Works and Housing -- 1
    iii. Minister for Aviation -- 1
    iv. Minister for Youth and Sports -- 1
    v. Minister for Gender, Children and Social Protection -- 1
    vi. Minister for the Interior -- 2
    vii. Minister for Communications -- 2
    Mr Speaker, nine (9) Ministers are expected to attend upon the House to respond to nineteen (19) Questions during the week. The Questions are of the following types:
    i. Urgent -- 3
    ii. Oral -- 16
    Statements
    Mr Speaker, pursuant to Standing Order 70 (2), Ministers of State may be permitted to make Statements of Government policy. Statements duly admitted by Mr Speaker may be made in the House by Hon Members in accordance with Order 72.
    Bills, Papers and Reports
    Mr Speaker, Bills may be presented to the House for First reading in accordance with Standing Order 120. However, those of urgent nature may be taken through the various stages in one day in accordance with Standing Order 119.
    Pursuant to Order 75, Papers for presentation to the House may be placed on the Order Paper for laying. Committee reports may also be presented to the House for consideration.
    Motions and Resolutions
    Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.

    Committee of the Whole Meeting

    Mr Speaker, the Business Committee informs all Hon Members that the House would Sit in Committee of the Whole on Wednesday, 27th June 2018, after adjournment to consider issues pertinent to the House. Members are accordingly urged to avail themselves at the said meeting to contribute to make the deliberations fruitful.

    Sitting of the House on Mondays/ Extended Sittings

    Mr Speaker, the Business Committee wishes to give prior notice to Hon Members, that having regard to the tall order of Business pending before the House, Parliament would be expected to Sit on Mondays, commencing from Monday, 2nd July 2018. Furthermore, depending on the exigencies of the state of Business, the House may have extended Sittings to enable the completion of scheduled Business.

    Mr Speaker, let me take that point again. It is not dependent on the exigencies of the state of Business as I signalled the other time. Beginning Monday, 2nd July, 2018, the House would conscript all Mondays in July 2018 for Sitting days and all the days would have extended Sittings. So from Monday, 2nd July, 2018, we will have extended Sittings every day.

    Mr Speaker, as I intimated, there are many Bills before us and we intend to use the space and time to try as much as

    possible to complete as many of the Bills as they are before us.

    Conclusion

    Mr Speaker, in accordance with Standing Order 160 (2), and subject to Standing Order 53, the Committee submits to this Honourable House the order in which the Business of the House shall be taken during the week under conside- ration.

    Urgent Question --

    (a) Dr Robert Baba Kuganab-Lem (Binduri): To ask the Minister for Local Government and Rural Development why she directed the Minister for the Upper East Region to initiate a relocation of the headquarters of the Binduri District Assembly from Binguri to Binduri Natenga.

    (b) Ms Joycelyn Tetteh (North Dayi): To ask the Minister for Works and Housing what steps the Ministry is taking to alleviate the plight of residents in the North Dayi District whose houses were damaged in the recent rainstorm.

    Questions --

    *391. Mr Yaw Afful (Jaman South): To ask the Minister for Local Government and Rural Development whether the Ministry is aware of the evacuation of refuse dumps at Kwasibourkrom and Katakyiekrom

    in the Jaman South District, and if so, whether it was awarded on contract, and what is the associated cost.

    *387. Mr Kwame Governs Agbodza (Adaklu): To ask the Minister for Aviation whether the removal of the 17.5 VAT on domestic airline tickets has led to the reduction of domestic airfares.

    Statements

    Presentation of Papers --

    (a) African Union Convention on Cyber-Security and Personal Data Protection (Malabo Con- vention).

    (b) Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) for an amount equivalent to one hundred and ten million, six hundred thousand Special Drawing Rights (SDR 110,600,000) [equivalent to US$150 million] to finance the proposed Transport Sector Improvement Project.

    Motion --

    Third Reading of Bills

    Witness Protection Bill, 2017.

    Consideration Stage of Bills --

    Legal Aid Commission Bill, 2017. (Continuation of debate)

    Right to Information Bill, 2018. (Continuation of debate)

    Committee sittings.

    Questions --

    *388. Mr George Boahen Oduro (New Edubiase): To ask the Minister for Youth and Sports the progress of work on the construction of the New Edubiase Sports Stadium and when works are expected to be completed.

    *390. Ms Betty Nana Efua Krosbi Mensah (Afram Plains North): To ask the Minister for Gender, Children and Social Protection what measures the Ministry has put in place to curb the menace of child labour within the Afram Plains stretch of the Volta Lake.

    *392. Mr Richard Mawuli Kwaku Quashigah (Keta): To ask the Minister for the Interior what informed the payment of fees by applicants for recruitment into the Ghana Immigration Service in recent times.

    *393. Mr Peter Yaw Kwakye Ackah (Amenfi Central): To ask the Minister for the Interior when a district Fire Service office will be constructed at Manso Amenfi, the district capital.

    Statements

    Presentation of Papers --

    Concession Agreement among the Government of the Republic of Ghana, the Electricity Company of Ghana and the Millennium Development Authority.

    Consideration Stage of Bills --

    Legal Aid Commission Bill, 2017. (Continuation of debate)

    Right to Information Bill, 2018. (Continuation of debate)

    Committee sittings

    Committee of the Whole to discuss issues pertinent to the House.

    Questions --

    *398. Mr Daniel Kwesi Ashiamah (Buem): To ask the Minister for Communications when the Commu- nity Information Centre being built in Jasikan, commenced by the previous government, will be completed and commissioned.

    *399. Mr Peter Yaw Kwakye Ackah (Amenfi Central): To ask the Minister for Communications what steps are being taken to improve mobile telephony in remote parts of Amenfi Central.

    *407. Mr Ras Mubarak (Kumbungu): To ask the Minister for Energy whether there are plans to transform Ghana's energy system away from fossil fuels towards energy efficiency and sustainable energies such as wind and biomass.

    *408. Mr Mohammed Abdul-Aziz (Mion): To ask the Minister for Energy whether the Minister is aware that in September 2017, the Ghana Standards Authority fined some oil marketing companies for cheating consumers of petroleum products at the pumps.

    *409. Mr John Frimpong Osei (Abirem): To ask the Minister for Energy when the electrification project under the CWE-5 Regions will commence in the following
    Mr Speaker, the Committee accordingly submits its Report as follows 10:50 a.m.
    communities in the Abirem Consti- tuency: (i) Amanfokrom (ii) Bramkrom (iii) Addokrom (iv) Obohema (v) Bepotuntum (vi) Sakapia (vii) Domeabra (viii) Kontenase (ix) Asuabena (x) Dodoworaso.
    Statements
    Consideration Stage of Bills --
    Technical Universities (Amendment) Bill, 2017.
    Right to Information Bill, 2018. (Continuation of debate)
    Committee sittings

    Urgent Question --
    Alhaji Mumuni Alhassan (Salaga North) 10:50 a.m.
    To ask the Minister for Roads and Highways the immediate measure the Ministry is putting in place to fix the broken down bridge on the Binjai Kidengi road.
    Questions --
    *414. Dr (Mrs) Bernice Adiku Heloo (Hohoe): To ask the Minister for Roads and Highways when construction works on the following roads will resume: (i) Lolobi - Baika - Ayoma (ii) Hohoe - Fodome Helu (iii) Hohoe - Likpe Bakwa - Likpe Bala.
    *415. Dr (Mrs) Bernice Adiku Heloo (Hohoe): To ask the Minister for Roads and Highways when the following township roads in Hohoe will be reconstructed: (i) Alabato Junction - Lowcost Down (ii) Atabu - Court Avenue (iii) Picnic - Tsiri Street (iv) Azogba - Adabraka.
    *416. Mr Eric Afful (Amenfi West): To ask the Minister for Roads and Highways when construction works on the town roads in Samreboi and Asankragwa will resume.
    *417. Mr Eric Afful (Amenfi West): To ask the Minister for Roads and Highways what plans the Ministry has to reseal the Bawdie - Asankragwa road.
    *418. Mr Ernest Henry Norgbey (Ashaiman): To ask the Minister for Roads and Highways when the Ashaiman main road will be completed.
    Statements
    Motions --
    Third Reading of Bills
    Legal Aid Commission Bill, 2017.
    Technical Universities (Amendment) Bill, 2017.
    Consideration Stage of Bills
    Right to Information Bill, 2018. (Continuation of debate)
    Committee sittings.
    Mr Speaker 10:50 a.m.
    Hon Members, any observations or contributions?
    Alhaji Mohammed-Mubarak Muntaka 10:50 a.m.
    Mr Speaker, even though the House Committee had its Report and the Hon Majority Leader wanted to have a look at it himself, I hope we could find some space for the Committee of the House Report to be discussed next week.
    This is because it has been hanging since the last Meeting. I hope that the Hon
    Majority Leader would make space for the House Committee's Report to be taken next week because it is not in the Business Report that was read.
    Mr Speaker 10:50 a.m.
    Hon Majority Leader, any concluding remarks?
    Mr Kyei-Mensah-Bonsu 10:50 a.m.
    Mr Speaker, let me thank the Hon Minority Chief Whip for the reminder. Indeed, we agreed to find space in next week's Business Statement. Unfortunately, I seem to have glossed over that and I guess the Clerk to the Committee also got things mixed up. But accordingly, we would certainly programme it for next week.
    Mr Speaker, because of the Committee of the Whole's Sitting on Wednesday, we may possibly take that one on Tuesday.
    Mr Speaker 10:50 a.m.
    Hon Members, the Business Statement is accordingly adopted.
    Hon Members, the Hon Minister for Roads and Highways is waiting for a document from his office so, we shall move on to Public Business and we would come back when he has received the relevant documents.
    At the Commencement of Public Business. Item numbered 6 -- Motion. Hon Chairman of the Committee?
    Mr Kyei-Mensah-Bonsu 10:50 a.m.
    Mr Speaker, I believe the Hon Minister for Roads and Highways is properly constituted now and he would respond to the Questions asked of him.
    Mr Speaker 10:50 a.m.
    Hon Minister, if you would please take the relevant seat.
    rose
    Mr Speaker 10:50 a.m.
    Hon Minority Chief Whip, relevant Questions may be asked by other Hon Members. Today, the Hon First Deputy Speaker has appeared from his sick leave.
    Alhaji Muntaka 10:50 a.m.
    Mr Speaker, because of yesterday's arrangement, we would quickly get other Hon Members to do that on behalf of their Hon Colleagues.
    ORAL ANSWERS TO QUESTIONS 10:50 a.m.

    MINISTRY OF ROADS AND 10:50 a.m.

    HIGHWAYS 10:50 a.m.

    Minister for Roads and Highways (Mr Kwasi Amoako-Attah) 10:50 a.m.
    Mr Speaker,
    Background
    The Aboi Nkwanta - Mumuni road (R123) and Prestea - Samreboi roads (R121) lie within the forest belt of the Western Region . They are located in the Amenfi West and Prestea Huni Valley Districts of the Western Region respectively.
    The roads are gravel surfaced in fair to poor condition.
    Current programme
    There are two on-going Cocoa Board (COCOBOD) funded projects. They are:
    Minister for Roads and Highways (Mr Kwasi Amoako-Attah) 10:50 a.m.


    (a) Construction of Aboi Junction - Amoaku Junction - Mumuni road (km 0.0 - 45.0) and (b) Rehabilitation of Prestea - Samreboi road (km 0.0 - 40.0).

    (a) Construction of Aboi Junction - Amoaku Jnction - Mumuni road (km 0.0 - 45.0)

    The Aboi Junction - Amoaku Junction - Mumuni road (km 0.0 -45.0) was awarded for construction to bituminous surfacing. It is among the COCOBOD funded projects. This project commenced on 4th August, 2016 and was scheduled for completion on 3rd August, 2019, a period of thirty-six (36) months. The progress of work is projected at 64 per cent physical completion.

    (c) Rehabilitation of Prestea - Samreboi road (km 0.0 - 40.0)

    The Prestea - Samreboi road (km 0.0 - 40.0) was awarded for rehabilitation to bituminous surfacing. It is also among the COCOBOD funded projects. This project commenced on 11th May, 2016 and was scheduled for completion on 11th May, 2019, a period of thirty-six (36) months. The progress of work is pro- jected at 42 per cent physical completion.

    Both projects were suspended as a result of the suspension of all projects funded by COCOBOD since June, 2017, to allow for general review and rationalisation of all cocoa roads projects.

    Future programme

    The continuation and completion of the projects depend on the lifting of the suspension.

    11. 00 a. m.
    Mr Speaker 10:50 a.m.
    Thank you very much, Hon Minister.
    Yes, Hon Member, you may follow up.
    Mr Quashigah 10:50 a.m.
    Mr Speaker, since the suspension could lead to possible deterioration of work so far done, does the Ministry have an alternative plan; a plan B to ensure that work continues so that the State does not incur more cost at the end of the day?
    Mr Amoako-Attah 10:50 a.m.
    Mr Speaker, I would first like to inform the Hon Colleague, and indeed, this august House that my Ministry is currently engaged in negotiation with the Ministry of Agriculture, which has jurisdiction over COCOBOD activities to take over all the roads.
    In due course, that discussion would be brought to a closure so that we deal with all COCOBOD roads across the nation.
    Mr Speaker, but to answer the Hon Member's question directly, I would want to assure him that my Ministry is always, and at all times engaged in routine and periodic maintenance of all roads across the nation until such a time that we attend to each one of them. So that would be done; it would be maintained.
    I thank you, Mr Speaker.
    Mr Speaker 10:50 a.m.
    Thank you very much.
    Question number 362, Hon Member for Shai-Osudoku.
    Commencement of Luom Road in the Shai-Osudoku District.
    Mr Samuel Nartey George 10:50 a.m.
    Mr Speaker, I rise to seek permission from you to ask the Question on behalf of Hon Linda Ocloo.
    Mr Speaker 10:50 a.m.
    Please proceed.
    Q.362. Mr Samuel Nartey George (on behalf of Ms Linda O. A. Ocloo) asked the Minister for Roads and Highways when work on the Luom road, in the Shai- Osudoku District, would commence.
    Mr Amoako-Attah 10:50 a.m.
    Mr Speaker,
    Background
    The Luom road is identified in the Department of Feeder Roads database as Luom Junction - Lolorvor feeder road and is located in the Shai Osudoku District of the Greater Accra Region. It is a 4.6 km gravel road linking the Dodowa - Somanya road with the Tema - Akosombo highway.
    Current programme
    A contract for spot improvement of the road was awarded on 22nd August, 2016. The works commenced on 23rd January, 2017 and was completed on 28th March, 2017. The road was designed to complete at natural gravel sub-base course.
    Activities undertaken under the contract included;
    Clearing and formation of 4.6 km (100 per cent).
    Construction of 2nos. of 1/900 mm pipe culverts (100 per cent) and 2nos. of 900 mm x 700 mm U - culverts (100 per cent)
    Laying of sub-base course of 4.60 km (100 per cent).
    The physical progress of the works is 100 per cent complete.
    The road has been programmed to receive annual routine maintenance interventions.
    Mr Speaker 10:50 a.m.
    Thank you very much, Hon Minister. Yes, Hon Member?
    Mr George 10:50 a.m.
    Mr Speaker, from the Hon Minister's response, the road is programmed for an annual routine maintenance. Since completion, it has lapsed a year. Has there been any routine maintenance or is there any plan for routine maintenance towards pending the award of the full bituminous surface dressing?
    Mr Amoako-Attah 10:50 a.m.
    Mr Speaker, maintenance is a continuous process in the Ministry, whether it is routine or periodic. This is because that is the only way to make as many roads as possible in our nation motorable.
    And to ensure the longevity of our roads, they must be subjected to regular maintenance.
    I thank you, Mr Speaker.
    Mr Speaker 10:50 a.m.
    Thank you, Hon Minister.
    Question number 363?
    Mr George 10:50 a.m.
    Mr Speaker, once again, I seek your leave.
    Rehabilitation of Dodowa-Afienya Stretch of the Dodowa-Ashaiman Road
    Q.363. Mr Samuel Nartey George (on behalf of) Ms Linda O. A. Ocloo) asked the Minister for Roads and Highways
    Mr Amoako-Attah 10:50 a.m.
    Mr Speaker,
    Background
    The Dodowa - Afienya road is a regional route R 13. The road is in the Shai Osudoku District of the Greater Accra Region. The road connects the Tema- Akosombo highway to the Shai area and the Akuapim Ridge.
    The road is bituminous surfaced in fair to poor condition.
    Current programme
    A contract for the rehabilitation of Dodowa - Afienya road (15.3 km) was awarded to commence on 14th September, 2016, for completion on 13th March, 2018, a period of eighteen (18) months. The progress of work is projected at five per cent physical completion. It is financed from the Ghana Road Fund.
    Periodic maintenance projects under the Ghana Road Fund have undergone review and rationalisation due to inadequate funds. As a result of the rationalisation, this project has been recommended for termination. The process of termination has commenced.
    Future programme
    The project would be packaged for re- award after the termination process. In the meantime, works would be undertaken as part of Ghana Highway Authority's routine maintenannce programme for 2018.
    Mr George 11:10 a.m.
    Mr Speaker, this road does not just start in the Shai Osudoku District but also comes into my constituency in the Ningo Prampram District. Like the Hon Minister stated in his response, it is a major regional road and plays a key artery role in the transport sector in the Greater Accra Region.
    Given the poor state of the road, why was the first course of action was to terminate the contract, instead of supporting the existing contractor to execute the contract? I ask this because the state of that road today is very poor. Why was termination the first course of action?
    Mr Amoako-Attah 11:10 a.m.
    Mr Speaker, I can confirm that the observation made by my Hon Colleague is very accurate. The decision to terminate the contract is in the interest of all those who live within that catchment area. I am happy it extends to the Hon Member's constituency as well.
    Almost two years have elapsed since the award of this contract and a lot of things have happened to the road. It would not be fair to ask the contractor to continue. Since only five per cent of the job had been executed at the time of the rationalisation process, it was better and in his own interest, to terminate it and rescope the works. By rescoping, additional work could be added, taking into consideration the current surface condition of the road.
    In some areas, it has been identified that drainage should be included for the road to be well executed. That is why the decision was made to terminate it at first and repackage it by rescoping and reawarding it. It could even go to the same contractor.
    Mr George 11:10 a.m.
    Mr Speaker, I would like to ask the Hon Minister, given the challenges of the Road Fund and the peculiar nature of that road, would his Ministry consider placing a mobile axle weighing station there?
    This is because many huge trucks overload and exceed the axle weight on that road and use that to divert from the existing axle weighing station at Afienya.
    Would the Hon Minister consider placing a mobile axle weighing station there which would bring in revenue when truck loaders are found in excess of the axle weight? That would also augment revenue to build that road again.
    Mr Amoako-Attah 11:10 a.m.
    Mr Speaker, I thank my Hon Colleague for this suggestion. It is useful and would be taken on board. I would want to indicate that to this august House.
    Let me use this opportunity to correct an impression that might have been erroneously created. We have 18 axle load centres across the nation. Their purpose is not to generate revenue. They are rather to take punitive measures against all those who overload their axles.
    This is because if a person overloads his axle, it means that the excess weight would create a heavy impact on the road and destroy it. So, if there is total compliance, then there would be zero collection of money in the year and my Ministry would be happy.
    Anytime we get more money from the axle load centres, it should be a worry for the nation, particularly, my Ministry. It would mean that there is no compliance and people are flouting the law. So, we do not use axle load centres as revenue mobilisation points. No.
    Drivers in this country must comply with the law in order for us to collect zero amount of money in any particular year. That would be the highest interest of our nation.
    Mr Speaker 11:10 a.m.
    Thank you very much.
    Question numbered numer381, Hon Member for Abirem?
    Completion of Abirem-Nkawkaw Road
    Q381. Mr John Frimpong Osei asked the Minister for Roads and Highways when construction of the Abirem - Nkawkaw road would be completed.
    Mr Amoako-Attah 11:10 a.m.
    Background
    The Nkawkaw - New Abirem road forms part of the Inter-Regional road, IR 03. The road connects the south-western part of Nkawkaw in the Kwahu West Municipality to New Abirem in the Abirem North District of the Eastern Region.
    The road is partly bituminous and gravel surfaced. The surface condition is fair to poor.
    Current programme
    A contract for partial reconstruction of Nkawkaw - New Abirem road (36.3 km) was awarded on 29th June, 2015. It is financed by the COCOBOD. This project commenced on 13th January 2016, and was scheduled for completion on 12th January, 2018, a period of twenty-four (24) months. The progress of work is projected at 42 per cent physical completion.
    The project has been suspended as a result of COCOBOD's instruction issued in June, 2017 to allow for general review and rationalisation of all cocoa roads projects.
    Mr Speaker 11:10 a.m.
    Hon Member, any further questions?
    Mr J. F. Osei 11:10 a.m.
    Mr Speaker, I would want to know from the Hon Minister when procurement for the project would start? This is because it is causing a lot of inconvenience and security problems for motorists.
    I thank you, Mr Speaker.
    Mr Amoako-Attah 11:20 a.m.
    Mr Speaker, procurement is in currency.
    Mr Speaker, I thank you.
    Mr J. F. Osei 11:20 a.m.
    Mr Speaker, I am very
    grateful for the answers of the Hon Minister.
    I thank you.
    Mr Speaker 11:20 a.m.
    Question numbered 382, standing in the name of the Hon Member for Tamale North.
    Mr Bedzrah 11:20 a.m.
    Mr Speaker, I sought your permission to ask the Question on behalf of my Hon Colleague, Mr Suhuyini Sayibu, who is in his constituency.
    Mr Speaker 11:20 a.m.
    Hon Member, you would please proceed.
    Commencement of Taha to Kulaa Road
    Q.382. Mr Emmanuel K. Bedzrah (on behalf of Mr Suhuyini Alhassan Sayibu) asked the Minister for Roads and Highways when work would commence on the Taha to Kulaa road.
    Mr Amoako-Attah 11:20 a.m.
    Mr Speaker,
    Background
    The Taha - Kulaa feeder road is part of the network of roads that link SSNIT Flats and Fou suburbs in the Tamale Metropolis of the Tamale North Constituency in the Northern Region. The road is approximately 15.5 km and is partially engineered and in poor condition.
    Current programme
    A contract was awarded on 5th August, 2016 for rehabilitation of the road under DFR's periodic maintenance programme. It commenced on 22nd September, 2016 for completion on 21st September, 2017. The completion date has since elapsed.
    Under this contract, 4.5 km of the road from Taha - Gbalahi is to be provided with bitumen surface, while the remaining would be upgraded to gravel surface.
    Physical progress to date is estimated at 35 per cent.
    The project has suffered cashflow challenges due to the employer's delay in paying for work done.
    Future programme
    On completion, the road will receive regular maintenance under the Depart- ment of Feeder Roads routine maintenance programme.
    Mr Speaker 11:20 a.m.
    Hon Member, any follow- up question?
    Mr Bedzrah 11:20 a.m.
    Mr Speaker, I would like to know from the Hon Minister when payment would be made to the contractor, since it is the fault of the employer?
    Mr Amoako-Attah 11:20 a.m.
    Mr Speaker, we have started serious discussions on this road and as soon as practicable, it would not be long at all. This project would bounce back and the contractor would be back on the road.
    Mr Bedzrah 11:20 a.m.
    Mr Speaker, though the Hon Minister has not given the date when the contractor would be paid, I would want to find out from him whether there has been plans for the extension of time to the contractor?
    Mr Amoako-Attah 11:20 a.m.
    Mr Speaker, the Ministry cannot extend the time suo moto. The contractor would have to apply for it. Since the cause of the delay is at the instance of the employer for delayed payments, I would want to indicate to this Honourable House that if such an application is made, it would meet favourable consideration.
    I thank you, Mr Speaker.
    Mr Bedzrah 11:20 a.m.
    Mr Speaker, I would also want to find out from the Hon Minister whether there would be interest on delayed payment to the contractor as well?
    Mr Amoako-Attah 11:20 a.m.
    Mr Speaker, interest on delayed payment is contractual and so there is no argument about that.
    Mr Speaker, I thank you.
    Mr Speaker 11:20 a.m.
    Hon Members, that ends Question time.
    Hon Minister, I thank you very much for attending to the House and answering our Questions. You are discharged.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 11:20 a.m.
    Mr Speaker, we can deal with item numbered 6, which is on page 2 of the Order Paper.
    Mr Speaker 11:20 a.m.
    Item numbered 6 -- Motion.
    Hon Chairman of the Committee?
    MOTIONS 11:20 a.m.

    Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:20 a.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy and other approved imposts amounting to the Ghana cedi equivalent of two million, three hundred and two thousand, four hundred and sixty-nine euros and fifty-eight cents (€2,302,469.58) on project equipment and materials in respect of the establishment of an Environmental Monitoring Labora- tory at the University of Mines and Technology (UMaT), Tarkwa.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:20 a.m.
    The Committee noted that under clause 11.1 of the Mixed Credit Agreement, the Government of Ghana committed itself to bear the cost of certain taxes and duties that may arise and are payable in Ghana in the course of implementing the project.
    Consequently, it was explained to the Committee that the Government of Ghana is fully responsible for the component of the project financing cost covering taxes and other fiscal levies which may be imposed in the Republic of Ghana with respect to the supply and purchase of materials and equipment required for the execution of the project.
    Furthermore, clause 16.3 of the Contract Agreement between the University of Mines and Technology, Tarkwa and DESMI Contracting A/S for the implementation of the project requires Government/UMaT to use its best endeavours to enable the contractor to benefit from any tax exemptions, reductions, allowances or privileges that may be available to the maximum allowable extent.
    Benefits of project
    The Committee observed that the project, when implemented, is expected to promote high value research for the benefit of the mining industry. The project is also envisaged to provide services to help train mining communities in environmental monitoring and allied services to curb environmental degra- dation.
    The project will further help to minimise the pollution of rivers through the reduction in cyanide spillages and thereby increase the opportunity for communities to use rivers for river-based livelihoods such as fishing and aqua culture.

    The project again aims at minimising the degradation of forest reserves and their resultant adverse effect on rainfall patterns. This will help boost agricultural production, protect watersheds of important rivers and protect biodiversity.

    On-Lending Agreement

    The Committee noted that by an Onlending Agreement signed variously on 24th September 2016, and 25th October 2016, between the UMaT and the Ministry of Finance, the Ministry of Finance on- lent the project funds to the UMaT to be repaid in 20 instalments, beginning 15th July 2018 and ending on 15th January,

    2028.

    The Committee notes that the facility is primarily for teaching, learning and research and therefore Government should shoulder the responsibility for the repayment of the loan from Nordea instead of shifting it onto the shoulders of UMaT which is a relatively small public university compared to the other public universities in Ghana.

    The Committee recommends that the Ministry for Finance takes the necessary steps to have the On-lending Agreement rescinded so as to give the UMaT the opportunity to plough back any revenue that they may generate from the project into teaching, learning, research and the advancement of knowledge.

    Conclusion

    The Committee is satisfied that the request is in consonance with the Mixed Credit Facility Agreement between the Government of the Republic of Ghana (Borrower) and Nordea Bank Danmark A/S of Danmark (Lender), which was approved by this Honourable House for

    the implementation of the Environmental Monitoring Laboratory Project at UMaT.

    The Committee therefore recommends to the House to adopt this Report and approve by resolution, the Request for waiver of Import Duties, Import VAT and other related imposts and levies, amounting to the Ghana cedi equivalent of two million, three hundred and two thousand, four hundred and sixty- nine euros and fifty-eight cents (€2,302,469.58) on equipment and materials to be imported for the implementation of the DANIDA funded Environmental Moni- toring Laboratory Project at the University of Mines and Technology at Tarkwa in the Western Region in accordance with article 174 (2) of the 1992 Constitution of the Republic of Ghana.

    Respectfully submitted.
    Mr Speaker 11:20 a.m.
    Thank you very much, Hon Chairman of the Committee. Any seconder of the Motion?

    Yes, Hon Member?
    Mr Benjamin Komla Kpodo (NDC-- Ho Central) 11:20 a.m.
    Mr Speaker, I beg to second the Motion that this Honourable House adopts the Report of the Finance Committee on the request for waiver of Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy and other approved imposts amounting to the Ghana cedi equivalent of two million, three hundred and two thousand, four hundred and sixty-nine euros and fifty-eight cents (€2,302,469.58) on project equipment and materials in respect of the Establishment of En- vironmental Monitoring Laboratory at the University of Mines and Technology (UMaT), Tarkwa.
    Mr Speaker 11:30 a.m.
    Please, I would want us to depart from this; just say you rise to support the Motion and then make your contribution. It only takes our time and I would like that to be the practice of the House.
    State what you would want to state, other than repeating all that is on the Order Paper.
    Mr Kpodo 11:30 a.m.
    Mr Speaker, I would want to note that this project was approved in 2016 but up till now, it has not been started and if it is this grant of waiver that would enable it to commence, then we recommend it to the House to approve it.
    Mr Speaker 11:30 a.m.
    Hon Member, make your contribution.
    Mr Kpodo 11:30 a.m.
    Mr Speaker, in the Report, we acknowledged that the project would be a source of income for the University because they would be carrying out consultancy services for other clients.
    So we believe that even though it would generate income for the University, such income should be applied to fund goods and services to maintain the equipment and carry out expansion activities in that area.
    We recommend that the On-Lending Agreement which was signed with the university should be rescinded, because that would put a burden on the university and when they have to channel back the income generated into refunding the amount, it would not be very useful to them. This is because they would not gain anything to expand and maintain the equipment in the university.
    We also know that it is a public university which among others, suffers a lot from the release of grants for goods and services to the universities. So we
    recommend very strongly that the On- Lending Agreement which the Ministry of Finance entered into with UMaT should be rescinded, so that incomes generated from the operation of the laboratory could be channelled back into expanding the activities and the training of more personnel at the university.
    Mr Speaker, on this note, I second the Motion once more.
    Question Proposed
    Mr Fuseini Issah (NPP--Okaikwoi North) 11:30 a.m.
    I thank you, Mr Speaker, for the opportunity to contribute to the Motion. Ghana as a nation has been going through some very troubling times, especially, in terms of environmental degradation. This facility is meant for UMaT, Tarkwa, with the aim of establishing an Environmental Monitoring Laboratory.
    Mr Speaker, I believe we could not have received this facility at a more opportune time. This facility would offer UMaT the opportunity to improve upon research and the teaching of subjects related to the environment.
    It is also an opportune time because the Government has plans of lifting the ban on small-scale mining, and I am very hopeful that the existence of this facility would enhance the monitoring of that sector which has degraded our environ- ment so much in the last couple of years.
    Mr Speaker, at the time of signing this Agreement, the Government took responsibility for the tax component of this facility and I support and urge all Hon Members of this House to support the effort of getting this facility to go on at UMaT.
    Mr Isaac Adongo (NDC--Bolgatanga Central) 11:40 a.m.
    I thank you for the opportunity, Mr Speaker. I rise to contribute to the Motion under consideration.
    Mr Speaker, as a country, we all agree that the need to train our manpower in science and technology and mathematics is very crucial for the development of this country.
    Only a few days ago we had the opportunity to express concern about the gradual shifting of the focus of major tertiary institutions in terms of their core mandate to train students in this very important area.
    Therefore when an institution such as a university that is geared towards training our youth in this area requires support, it is only incumbent on this House to support such a move and to ensure that the university is not overburdened with the task of training these youth in these critical areas.
    Mr Speaker, if we look at the objectives of the project we would find that it is such an important project that the State should fund fully, without transferring the cost to the university in the form of an On- Lending arrangement.
    The first and most important reason is that apart from ensuring teaching and learning and research in this area, it is envisaged that it would lead to the establishment of a safety and environ- mental engineering department at the university.
    This would be a very critical department that would expand the opportunity of the University to train a lot of students in safety and environmental engineering, and I think that the University should not be saddled with the cost of providing such a unique opportunity for the masses of our youth who are yearning to learn safety and environmental engineering.
    Mr Speaker, one of the challenges we have had in our country is even how to manage our waste, and we know that environmental technology and engi- neering would provide us with the capacity to process our waste, and ensure that most of our wastes that are now becoming a threat could be converted into very useful and profitable ventures for our country.
    If a university such as UMaT is interested in venturing into this area, I believe the State should be interested in funding such an activity without an On- Lending arrangement.
    Mr Speaker, it also talks about providing consultancy for major mining companies as part of an extension service in water analysis, blast monitoring, rock and soil testing and the provision of meteorological data for the use of that facility.
    Mr Speaker, you would agree with me that the major challenges that we have with our water systems and the obvious pollution of our water requires the ability to analyse and indicate the safety of our water sources, particularly in areas that suffer from cyanide and other waste that come from the mining communities.
    So, I believe that this consulting would provide a lot of capacity building for our mining companies and entities that are
    involved in the major areas that have been mentioned.
    They have spoken about water testing. We know that in many other mining environments, there have been blasts that have resulted in many deaths. It is all because we do not have the capacity to determine how far a particular underground blast could go, in order to provide the breadth of safety that people need to stay away from.
    We often hear that mining pits have caved in and people have died. This would provide an opportunity for us to enhance safety in those areas and improve mining to a larger extent.
    It also says that it would lead to the training of communities in the mining areas on environmental monitoring and allied services to forestall environmental degradation. We know that in the mining communities our major concern is environmental degradation. So I think this is a laudable cause and we have to support it.
    I entreat the Government of Ghana to ensure that the university is provided with more resources, and not on-lending, so that they could take up this task and ensure that at the end of the day, we have a better way of safety and environmental monitoring.
    Mr Speaker, thank you very much.
    Mr Speaker 11:40 a.m.
    Thank you, Hon Member.
    Yes, Leadership?
    rose
    Mr Speaker 11:40 a.m.
    Hon Deputy Minority Leader, is there any --
    Ms Sarah Adwoa Safo (NPP--Dome- Kwabenya) 11:40 a.m.
    Mr Speaker, respectfully, I stand to contribute as a member of the Committee and not as a Member of Leadership.
    Mr Speaker, I support the Motion for the waiver of import duties on the project between the Government of Ghana, which is funded by DANIDA.
    When we refer to the Committee's Report, we have all been told of the relevance of this arrangement that would to a very large extent support the fight of Government against illegal mining and the degradation of our forests, and the effects of the aftermath of certain mining activities in our mining communities.
    Mr Speaker, I urge Hon Members of this House to support this arrangement to the effect that it is only a way that Ghana, as a party to the arrangement, could give this tax waiver to enable the project take place. This is stated in page 5 of the Report, which states and with your permission I quote;
    “…Ghana is fully responsible for the component of the project financing cost covering taxes and other fiscal levies which may be imposed in the Republic of Ghana with respect to the supply and purchase of materials and equipment required for the execution of the project.”
    Mr Speaker, this project would take place at UMaT in the Tarkwa-Nsuaem Constituency. As an arrangment that the country had with DANIDA, we are supposed to give these tax waivers to enable them bring in the necessary materials for the take-off of the project. This could only be done by seeking approval from this Honourable House which is being done.
    Mr Speaker 11:40 a.m.
    Is there any contributor from this Side of the House apart from the Leadership, just for the sake of relevant balance?
    Hon Quashigah?
    Mr Richard Mawuli Kwaku Quashigah (NDC--Keta) 11:50 a.m.
    Mr Speaker, I thank you.
    Largely, it is a very laudable idea that this is supported, because it goes to enhance our environment to the extent that this House had early on approved of the implementation of the Environmental Monitoring Laboratory Project at UMaT.
    Mr Speaker, but as much as I support this approval, I have one concern. I have observed that anytime Committees submit their Reports, it is largely the same Members who worked on the Reports that come here to speak to them.
    Mr Speaker, it was just about five to seven minutes ago that some of us were given copies of the Report. If you complain, you will be told that it was put in your pigeonhole but sometimes you do not find it.
    So I think there must be a shift in this House, where Hon Members who are not members of those Committees get copies of the Report on time so that they can make meaningful contributions.
    Mr Speaker 11:50 a.m.
    Hon Member, would you please contribute to the matter before this Honourable House?
    Mr Quashigah 11:50 a.m.
    Mr Speaker, thank you very much. I fully support the Report. [Laughter.]
    Mr James K. Avedzi (NDC -- Ketu North) 11:50 a.m.
    Mr Speaker, I rise to support the Motion for the House to adopt this Report.
    As part of the requirements of the loan Agreement that is captured on page 5 of 8, that clause 16.3 of the Contract Agreement requires Government of
    Ghana or the borrower to bear the cost of any taxes that will be imposed on this project.
    Mr Speaker, what is before us is in fulfillment of the conditions of the Agreement. So all Hon Members should vote for it so that we waive the tax of the amount requested, which is 2,302,469.58 euros but at the time of the approval of this facility, I happened to be the Hon Chairman of the Finance Committee and at the Committee level the assurance given to us by the Vice-Chancellor of the university at the time showed that the university, when this laboratory project is constructed, will be able to provide consultancy services to major mining companies and revenue derived from this facility would be sufficient enough to pay the loan.
    Mr Speaker, that was the condition upon which the loan was contracted and the approval given in Parliament.
    So if the conditions have changed, which is why the Committee is recommending that the Ministry of Finance takes steps to rescind its decision on the On-lending Agreement loan, then we are waiting to have that request before us so that we would know why.
    For example they would not be able to provide these consultancy services to the mining companies to be able to generate the needed resources to pay back the loan.
    Mr Speaker, that was the major condition at the time of the approval of the facility that they had the capacity to provide. This is because currently, these services are being done in South Africa. So when these laboratory project is completed the university would be able to provide these facilities to the mining companies and get the needed revenue to pay back the loan.
    So if the conditions have changed, we are waiting to see if that would be part
    Mr Speaker 11:50 a.m.
    Hon Deputy Minority Leader, thank you very much.
    Hon Majority Leader?
    Majority Leader (Mr Kyei-Mensah- Bonsu) 11:50 a.m.
    Mr Speaker, I believe all the essential issues have all been raised and the benefits are known to us and I believe I do not really have anything useful to add to what my Hon Colleagues have stated.
    Mr Speaker, but a technical issue was raised by my Hon Colleague, Hon Quashigah and it is a useful suggestion that he made, except to say that in the established democracies when referrals are made to Committees and they work on them assiduously, in many Parliaments, plenary does not debate on them.
    It is taken as given, because we trust the competence of the Committees; that is what obtains. We should aspire to get to that level.
    Mr Speaker 11:50 a.m.
    Hon Minister, you may conclude.
    Mr Kwaku Agyeman Kwarteng 11:50 a.m.
    Mr Speaker, on behalf of the Ministry, we have noted the contributions that have been made and we definitely would consider them. It is obvious that across the Chamber we all support the fact that this exemption must be given to facilitate the project.
    We are grateful for that and we will like to, in respect of the request by the Committee that the On-lending arrange-
    ment be reversed. I would want to say that this is a suggestion that we will consider. We will consider taking two things into account.
    Firstly, inflows from this project into the Escrow account to be set up for the purpose and we will carefully consider that.
    Mr Speaker, we will also consider the budget needs of the university and I am confident that between those two pieces of information, we should be able to respond properly to the suggestion.
    We thank the Committee for that suggestion.
    The next point I also want to make before I sit is that the tax waivers themselves are the contributions of Government or the tax payer towards the project, and I can inform the House that even before the tax exemption has been given by Parliament, those items that can be cleared under current provisions in the Harmonised System (HS) Code have already been cleared.
    So they have started enjoying those tax exemptions that could be granted under the HS Code and it is our expectation that this project, especially with the Parliamentary approval for the tax exemption, should proceed and deliver the benefit for which the project was commissioned.
    Mr Speaker 11:50 a.m.
    Hon Minister, thank you very much.
    Question put and Motion agreed to.
    Item number 7 -- Resolution. Hon Minister, you may move the Resolution.
    RESOLUTIONS 11:50 a.m.

    Minister for Finance) 11:50 a.m.
    Mr Speaker, I beg to move, that
    WHEREAS by the provisions of article 174 (2) of the Constitution, Parliament is empowered to confer power on any person or authority to waive or vary a tax imposed by an Act of Parliament;
    The exercise of any power conferred on any person or authority to waive or vary a tax in favour of any person or authority is by the said provisions made subject to the prior approval of Parliament by resolu- tion;
    BY THE COMBINED operation of the provisions of section 150 (i) of the Customs Act 2015, (Act 891), the Export and Import Act, 1995 (Act 503), the Export Trade, Agricultural and Industrial Fund Act, 2013 (Act 872), the Value Added Tax Act, 2013 (Act 870), the Value Added Tax (Amendment) Act, 2015 (Act 890), the Value Added Tax (Amendment) Act, 2017 (Act 948) and other existing laws and Regulations applicable to the collection of customs duties and other taxes on the importation of goods into Ghana, the Minister for Finance may exempt any statutory corporation, institution or individual from the payment of duties and taxes otherwise payable under the said laws and Regulations or waive or vary the requirement of such statutory corporation, institution or individual to pay such duties and taxes;
    IN ACCORDANCE with the provisions of the Constitution and at the request of the Government of Ghana acting through the Minister responsible for Finance, there has been laid before Parliament a request by the Minister for Finance for the prior approval of Parliament the exercise by him of his power under the Laws and Regulations relating to the waiver of Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy and other approved imposts amounting to the Ghana cedi equivalent of two million, three hundred and two thousand, four hundred and sixty-nine euros and fifty-eight cents (€2,302,469.58) on project equipment and materials in respect of the establishment of an Environmental Monitoring Labora- tory at the University of Mines and Technology (UMaT), Tarkwa.
    NOW THEREFORE, this Honourable House hereby approves the exercise by the Minister responsible for Finance of the power granted to him by Parliament by statute to waive such Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy and other approved imposts amounting to the Ghana Cedi equivalent of Two Million, Three Hundred and two thousand, four hundred and sixty- nine euros and fifty-eight cents (€2,302,469.58) on project equipment and materials in respect of the establishment of an Environmental Monitoring Laboratory at the University of Mines and Technology (UMaT), Tarkwa.
    Mr Speaker 11:50 a.m.
    Item numbered 8?
    Dr Assibey-Yeboah 11:50 a.m.
    Mr Speaker, if we can move to item numbered 10.
    Mr Speaker 11:50 a.m.
    Very well.
    The Hon First Deputy to take the Chair.
    MOTIONS 11:50 a.m.

    Dr Assibey-Yeboah 11:50 a.m.
    I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Agreement between the Government of the Republic of Ghana and the Government of the Republic of Mauritius for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains.
    Introduction
    The Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income and on capital gains between the Government of the Republic of Ghana and the Government of the Republic of Mauritius, dated 11th March, 2017, was laid in Parliament on 15th May, 2018, by the Hon Minister responsible for Monitoring and Evaluation, Dr Anthony Akoto Osei, on behalf of the Minister for Finance.
    The Agreement was subsequently referred to the Finance Committee for consideration and report in accordance with articles 75 (2) of the 1992 Constitution and Order 169 of the Standing Orders of the Parliament of Ghana.
    The Chief Director and other officials from the Ministry of Finance and the Ghana Revenue Authority attended upon and assisted the Committee in its deliberations on the Agreement.
    The Committee expresses its gratitude to the Chief Director and the officials from the Ministry of Finance and the Ghana Revenue Authority (GRA) for attending upon the Committee.
    References
    The Committee referred to the following documents inter alia during its deliberations on the Agreement:
    a.The 1992 Constitution of Ghana;
    b.The Standing Orders of the Parliament of Ghana;
    c. The Income Tax Act, 2015 (Act 896); and
    d. Revenue Administration Act, 2016 (Act 915).
    Background
    The Government of the Republic of Ghana and the Government of the Republic of Mauritius, in their desire to conclude an Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income and capital gains, have entered into the present Agreement.
    The Agreement would come into force upon ratification by Parliament in accordance with the 1992 Constitution of the Republic of Ghana.
    Purpose of the Agreement
    The purpose of the Agreement is to avoid the double payment of taxation on the same income or capital gains in Ghana and in Mauritius, as well as to prevent fiscal evasion.
    Content of the Agreement
    The Agreement contains 31 articles.
    Article 1 provides that the Agreement covers persons who are residents in one or both of the contracting States.
    Article 2 provides for the taxes covered under the Agreement. Generally, the Agreement applies to taxes on income and on capital gains imposed on behalf of a contracting State or its political subdivisions or local authorities, irrespective of the manner in which they are levied. In particular, the Agreement applies to the income tax in Ghana and the income tax in Mauritius as well as other taxes of similar character.
    The terms used in the Agreement are defined in article 3.
    Article 4 clarifies who a “resident” is for the purpose of the Agreement. The term “resident of a Contracting State” is defined as “any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature and also includes that State and any political subdivision or local authority thereof”.
    The article further makes provision for determining the status of a person who by virtue of the definition above, is a resident of both contracting States.
    Article 5 is on “permanent establishment”. It means a fixed place of business through which the business of an enterprise is wholly or partly carried on. The term includes:
    a. A place of management;
    b. A branch;
    c. An office;
    d. A factory;
    e. A workshop;
    f. A warehouse, in relation to a person providing storage facilities for others;
    g. A mine, an oil or gas well, a quarry or any other place of extraction of natural resources; and
    h. An installation or structure used for the exploration of natural resources;
    i. A building site or construction installation or assembly project, or supervisory activities in connection therewith only if the site, project or activity lasts more than six months within any 12 month period; and
    j. The furnishing of services including consultancy services by an enterprise of a contracting State through employees or other personnel engaged in the other contracting State, provided that such activities continue for the same or connected project for a period or periods aggregating to more than six months within any 12 month period.

    Under article 6, income derived by a resident of a contracting State from immovable property, including income from agriculture or forestry, situated in the other contracting State may be taxed in that other State.

    Article 7 provides that the profits of an enterprise of a contracting State shall be taxable only in that State unless the enterprise carries on business in the other contracting State through a permanent establishment situated therein.

    Article 8 determines how profits from shipping and air transport are to be taxed.

    Article 9 distributes the taxing rights in respect of associated enterprises.

    Per article 10, dividends paid by a company which is a resident of contracting State to a resident of the other contracting State may be taxed in that other State. However, such dividends may also be taxed in the contracting State of which the company paying the dividends is a resident, and according to the laws of the State, but if the beneficial owner of the dividends is a resident of the other contracting State, the tax so charged shall not exceed seven per cent of the gross amount of the dividends.

    Article 11 apportions taxing rights with respect to interest arising in a Contracting State and paid to a resident of the other Contracting State.

    Per article 12, royalties are to be taxed at a rate not exceeding eight per cent of the gross amount of the royalties, where the royalties arise in one contracting State and the beneficial owner of the royalty is a resident of the other contracting State.

    Article 13 is on technical services fees. These fees arising in a contracting State

    and paid to a resident of the other contracting State may be taxed in that other State. But where such fees are taxed in a contracting State where they arise, the tax shall not exceed 10 per cent of the gross amount of the fees if the beneficial owner of the fees is a resident of the other contracting State.

    Article 14 makes provision for the taxing of capital gains derived by a resident of a contracting State from the alienation of immovable and movable property.

    Article 15 provides that salaries, wages and other similar remuneration derived by a resident of a contracting State in respect of an employment shall be taxable only in that State, unless the employment is exercised in the other contracting State, in which case it may be taxed in that other State.

    Article 16 stipulates that an income derived by a resident of a contracting State in respect of professional services or other activities of an independent character is generally to be taxable only in that contracting State, unless the service provider has a fixed base in the other contracting State or that his stay in the other Contracting State amounts to 183 days in any 12 month period in a fiscal year. In any case, such rate of tax shall not exceed ten per cent.

    Article 17 permits directors' fees derived by a resident of a contracting State for being a member of the board of directors of a company which is resident of the other contracting State to be taxed in that other contracting State.

    By article 18, income derived by entertainers and sportsmen who are resident in one contracting State from their activities in the other contracting State

    may be taxed in the other contracting State.

    Article 19 makes pensions and other similar payments arising in a contracting State and paid in consideration of past employment to a resident of the other contracting State, to be taxable only in that other State, except where such pensions are part of the Social Security system of a contracting State, in which case the pension will be taxable only in the paying State.

    Article 20 provides for the taxing of salaries, wages and other similar remuneration, other than pension, paid by a Contracting State or a political subdivision thereof to an individual in respect of services rendered to that State.

    Article 21 makes the remuneration of visiting professors and researchers from one contracting State to the other State to be exempt from tax where the period does not exceed two years if the remuneration is derived by him from outside the State visited.

    Article 22 states that a student or business apprentice who is present in a contracting State solely for the purpose of his education or training, and who is, or immediately before being so present was a resident of the other contracting State shall be exempt from tax in the first- mentioned State on .payments received from outside that first-mentioned State for the purposes of his maintenance, education or training.

    Article 23 deals with other income not otherwise dealt with in the preceding articles.

    Article 24 makes provision for the elimination of double taxation.

    Article 25 prohibits discrimination against the nationals of a contracting State relative to the nationals of the other State in the same circumstances.

    Article 26 provides for the procedures by which a person can present his case for redress where the person considers that the actions of one or both contracting States will result in him being taxed in a manner contrary to the Agreement.

    Article 27 empowers the competent authorities of the Contracting States to exchange information that is foreseeably relevant for carrying out the provisions of the Agreement, or of the domestic laws of the contracting States concerning taxes covered by the Agreement.

    Article 28 excludes the fiscal privileges of members of diplomatic missions or consular posts from the application of the Agreement.

    Article 29 requires each contracting State to lend assistance to the other in the collection of revenue claims.

    Articles 30 and 31 cover entry into force and termination respectively.

    Observations

    Permanent Establishment

    The Committee observed that an entity from a contracting State in the other contracting State shall be deemed to be a permanent establishment if that entity lasts for more than six (6) months within any twelve (12) months period.

    Dividends

    The Committee further observed that the dividend tax rate applicable under the Agreement shall not exceed seven per
    Dr Assibey-Yeboah 11:50 a.m.


    cent of the gross amount of the dividend. The Committee noted that presently, the domestic dividend tax rate in Ghana is eight per cent, and therefore the potential loss of revenue under this tax would be one per cent ' (1%)

    Royalties

    The Committee noted that under the Agreement, tax on royalties arising in a contracting State but whose beneficial owner is a resident of the other Contracting State shall not exceed eight per cent (8%) of the gross amount of the royalties. The Committee finds this to be a huge incentive, as the present domestic rate in Ghana was said to be fifteen per cent for non-residents.

    Interest Earned

    The tax on interest earned applicable under the Agreement is stipulated not to exceed seven per cent of the gross amount of the interest. However, an interest is to be exempt from tax if the recipient is the beneficial owner and the payer or recipient of the interest is the Government of contracting State itself, a political subdivision thereof or a public body.

    The Committee was informed that at the time of negotiating this Agreement, the domestic tax rate in Ghana was 10 per cent. However, it has since come down to eight per cent presently and therefore, the potential loss would be one per cent, other things being equal.

    Mauritius vrs India Treaty Challenges

    Some Members expressed concern about the Agreement with Mauritius, a country they believed was having challenges with their Double Taxation Agreement with India.

    To this, it was explained to the Committee that due to the significantly high ethnic Indian population in Mauritius, India previously granted unusually high favourable terms to Mauritius.

    These highly favourable terms were said to have been unduly taken advantage of by persons who wanted to invest in India who conveniently did so through Mauritius in order to take advantage of the benefits of the DTA between the two countries.

    The Committee was informed that India and Mauritius have successfully renegotiated their Tax Treaty and therefore there is no problem between the two nations.

    Conclusion

    The Committee, having carefully examined the Agreement, finds that its passage is an important step towards an enhanced cooperation between Ghana and Mauritius for preventing fiscal evasion and for the avoidance of double taxation.

    In accordance with Order 161(1) of the Standing Orders of the House, the Committee recommends to the House to adopt this Report and approve by resolution, the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains between the Government of the Republic of Ghana and the Government of the Republic of Mauritius dated 11th March 2017, in accordance with article 75 (2) (b) of the 1992 Constitution and the Standing Orders of the House.

    Respectfully submitted.
  • [MR FIRST DEPUTY SPEAKER IN THE CHAIR.]
  • Mr First Deputy Speaker 12:04 p.m.
    Hon Ranking Member?
    Mr Benjamin Komla Kpodo (NDC -- Ho Central) 12:04 p.m.
    Mr Speaker, thank you.
    Mr Speaker, I rise to second the Motion and to urge all Hon Members of the House to adopt the Committee's Report. Indeed, at the Committee level, we tried to examine the level of business between Mauritius and Ghana but we found out that there was not much between both countries.
    Mr Speaker, as part of the international community -- these things go around many countries and we have had similar Agreements of which one is even before us, which is between Ghana and Morocco. We have had some with countries in the European Union (EU) and so it is not out of place to adopt this.
    Mr Speaker, but to take full advantage, it would be necessary to expand the business relationship between Mauritius and Ghana so that it would not be a lopsided benefit to just one country.
    Mr Speaker, with these words, I beg to second the Motion.
    Question proposed.
    Mr James Klutse Avedzi (NDC -- Ketu North) 12:04 p.m.
    Mr Speaker, most of the time, the purpose of Double Taxation Agreement is to benefit the two parties or the two countries involved; if there is a business between the two countries then it avoids taxing income from both ends.
    So it is not out of place to sign Double Taxation Agreement between Ghana and any other country. But in the case of Mauritius and any other Double Taxation Agreement that we have signed in the past, it would be good that we analyse to see the benefits that we are deriving. What benefits are we deriving at all from these Agreements?
    Mr Speaker, is it because we sign Agreements with other countries and so any country that approaches us for a double taxation agreement, should go ahead and sign? I do not believe that should be the way.
    We should find out the level or volume of business between Ghana and that country, in this case Mauritius, and if we sign this Agreement, what would be the level of income that would be generated by Ghanaians who are operating businesses in Mauritius as well as citizens of Mauritius who are working in Ghana?
    So, if we sign this Agreement not to tax Ghanaians working there and bringing their income to Ghana, then what would we lose or benefit from the other end?
    Mr Speaker, if we do this then we could then come to a firm conclusion that the Agreement that we are signing is benefitting us. If we do not do that because it is simply a Double Taxation Agreement, and we assume that there would be business between the two countries and so we should sign it, then we might be losing revenue in one way or the other without knowing.
    Mr Speaker, so it would be better for the Ministry of Finance to conduct research into this Double Taxation Agreement to find out the benefits that we have derived from the past ones and if we want to enter into any new Agreements
    Mr First Deputy Speaker 12:04 p.m.
    Hon Deputy Minister for Finance?
    Hon Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) (MP): Mr Speaker, thank you.
    I believe the suggestions made on the Floor in respect of this Agreement are good and they would be taken into account. Mr Speaker, we ought to remember that one of the biggest challenges facing our economy is the significantly narrow manufacturing base. We are not producing enough, manu- facturing activities are not expanding as fast as they should, and essentially we are not creating sufficient wealth and this is clear throughout our Budget Statements.
    Mr Speaker, one of the answers to this is for the country to adopt policies that would attract people with capital to come and invest in the economy. We signed these Double Taxation Agreements not so much because we just want our citizens and investors to go out there and invest and enjoy those benefits, but for us to attract investments and all the benefits we could get with it.
    Mr Speaker, the foreign exchange advantages that we gain when people set up businesses here and they export the goods, the employment generation that
    we would have and in respect of taxes -- Mr Speaker, where the primary investors are not paying taxes themselves, they engage in economic activities with other economic actors and those economic actors would pay taxes.
    So I believe that in every way, the country's posture in respect of these Double Taxation Agreements is right and while we should take on board the point made by the Hon Deputy Minority Leader, Mr Avedzi, that we may want to conduct some investigation to see the exact nature of the benefits that we are getting. Ordinarily, I believe we should proceed along this path as we seek to deal with our manufacturing challenges.
    Mr Speaker, thank you.
    Mr First Deputy Speaker 12:04 p.m.
    Hon Majority Leader, do you want to contribute?
    Mr Kyei-Mensah-Bonsu 12:10 p.m.
    Mr Speaker, just a little observation.
    Mr Speaker, I support the approval of the Report from the Finance Committee on the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income and on capital gains, between the Government of the Republic of Ghana and the Government of the Republic of Mauritius.
    Mr Speaker, as my Hon Colleague has already alluded to, the prime purpose of this arrangement of the avoidance of double taxation is to encourage trade between the countries that signed to that.
    Mr Speaker, it is purposed to remove obstacles from the partners or the countries in the arrangement. In that
    regard, one must critically assess the level of the balance of trade between the two countries and ensure that we shall have commensurate benefits from any such arrangement.
    Mr Speaker, Mauritius as we do know is an enclave that really produces cane sugar which they turn into sugar. Of course, with the by-product they use it to generate electricity to feed themselves and to also produce rum and alcohol for export to the rest of the world.
    Mr Speaker, today, the main area of cooperation between Ghana and Mauritius is in the area of communication. How are we going to benefit? Indeed, we are importing their technology to Ghana. How is it going to help us and how is it going to affect the balance of trade between Ghana and Mauritius such as we are entering into this Agreement?
    Mr Speaker, Mauritius is an African island, but we know for a fact that the population there is dominated by Indians. They have this arrangement, that is the avoidance of double taxation with India, which is more or less their parent country.
    Yet they have themselves seen it fit to enter into a review of that Agreement because according to them, India was using the backdoor to dominate their economy. So Mauritius has now reviewed, in a very profound manner, their Double Taxation Agreement with India.
    Mr Speaker, that is why I agree with my Hon Colleague and supported by the Hon Deputy Minister for Finance, that we should be very careful about these agreements. The reason is that if we allow unfettered access, we could have India use Mauritius as a post and get to Ghana.
    That is what they were doing in South Africa and South Africa erected barricades and reviewed their Double Taxation Agreement with Mauritius.
    So Mr Speaker, whereas I agree that this could yield some benefits to us, we should be careful not to grant unfettered access to countries with whom our trading links are very weak. If we are at par and we should engage in this, the priority itself brings some benefits to us. But not when we are at a very low end as far as our trade relationship with Mauritius is concerned.
    So yes, in principle, I support this but we should be very circumspect and look at the details before we subject ourselves to this, so that we do not imperil ourselves in this arrangement.
    Mr Speaker, I thank you for the spare granted.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 12:10 p.m.
    Item numbered 11 on the Order Paper.
    RESOLUTION 12:10 p.m.

    Chairman of the Finance Committee (Dr Mark Assibey-Yeboah) 12:10 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 12:10 p.m.
    Item numbered 12, Motion.
    Hon Chairman of the Committee?
    Dr Assibey-Yeboah 12:10 p.m.
    Mr Speaker, we cannot take this one today. Today is a Friday and I have to go to the mosque and so -- [Laughter.]
    Mr First Deputy Speaker 12:10 p.m.
    Hon Member for New Juaben South, I know the church you worship in, you are not a Muslim. You cannot go to the mosque. [Laughter.]
    Hon Majority Leader, we are in your hands.
    Mr Kyei-Mensah-Bonsu 12:10 p.m.
    Mr Speaker, if I may, we could go to item numbered 18, the Witness Protection Bill, 2017, and endeavour to finish it today.
    Mr First Deputy Speaker 12:10 p.m.
    Very well, the Witness Protection Bill, 2017, at the Consideration Stage.
    rose
    Mr First Deputy Speaker 12:10 p.m.
    Yes, Hon Deputy Minority Leader?
    Mr Avedzi 12:10 p.m.
    Mr Speaker, if you watch my back, we have almost empty seats, which tells you that there is something happening on our Side of the House. In fact, myself here, I have to leave now and go to my constituency because tomorrow is an election day for our executives.
    I was pleading with the Leader if we could adjourn the House so that we can also have time. This is because we need to travel before we get to our constituencies. He is saying that we should do the Bill and I think that it would be too much on our Side.
    If we could adjourn now because we would have to travel to our constituencies. So we are pleading that we adjourn.
    Mr Kyei-Mensah-Bonsu 12:10 p.m.
    Mr Speaker, I appreciate the issue raised by my Hon Colleague, the Deputy Minority Leader,but this is something that we should have done three days ago. He knows that there are so many Bills that are pending in the House.
    We have about dealt with this. The Committee has worked on it and there are
    only three or four outstanding issues that we could deal with quickly in less than 30 minutes.
    Mr Speaker, I am pleading with my Hon Colleague, that we deal with it. In less than 30 minutes, we would finish.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, the Members of the Committee who worked on this Bill are all not here. From the Minority Side, the Ranking Member, Deputy Ranking Member and other Members of the Committee are all not here -- [Interrruption.] -- Leader, you said they are here, show me. They are not here.
    So Mr Speaker, I do not know how we are going to appreciate the work.
    Mr First Deputy Speaker 12:10 p.m.
    You mean you do not know how the Senior Members in this House would appreciate the work?
    Mr Avedzi 12:10 p.m.
    Not all, Mr Speaker.
    Mr First Deputy Speaker 12:10 p.m.
    I was thinking that since there are no amendments standing in the names of individuals but all stand in the name of the Committee, it would suggest that Members have agreed at the Committee that the Chair is going to move them. So I would rather suggest that we do one hour, which would be sufficient time to adjourn.
    Hon Leaders, I thought we would have agreed on this before we came here.
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, that is the issue that I am raising, that there are no controversies around this, and as I am addressing the issue, Hon Adongo is exiting.
    Mr Speaker, I believe we can deal with these matters. There are no controversial matters that would stop us from dealing
    Mr First Deputy Speaker 12:20 p.m.
    Hon Members, there are eight matters to be dealt with. None of them appears to be controversial, so I would start.
    We have already announced that we are at the Consideration Stage. Hon Chairman of the Committee?
    BILLS -- CONSIDERATION STAGE 12:20 p.m.

  • [Resumption of Consideration from 06/2018]
  • Mr Ben Abdallah Banda 12:20 p.m.
    Mr Speaker, I beg to move, clause 6, subclause (1), add the following new paragraph:
    “(b) the Executive Director”
    Mr Speaker, I quite remember that in the original Bill, the Executive Director who is supposed to be in charge of the day-to-day activities of the Agency was not included on the governing Board, so it was decided that he be included.
    So Mr Speaker, the amendment is to include the Executive Director on the governing Board.
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, just a further improvement on the amendment proposed by the Hon Chairman. Since a Board would require the services of a secretary, I would like to propose that further to what the Hon Chairman is offering to us, we add; “the Executive Director who shall be the secretary to the Board”.
    Mr First Deputy Speaker 12:20 p.m.
    Hon Chairman, there is a further amendment proposed. Are you agreeable to that?
    Mr Banda 12:20 p.m.
    Mr Speaker, I have no objection to that. It is in conformity with other pieces of legislation.
    Question put and amendment agreed to.
    Mr Banda 12:20 p.m.
    We would require an odd number, as it is with all these formulations that we make, so we should find a way. I would suggest to the Committee, we have for the original eight, the National Security Council not below the rank of a Chief Analyst.
    I do not see the relevance of the representative of the National Security Council, since we have the other components of the National Security Council being represented. We have the Ghana Immigration Service, Ghana Prison Service, the Minister responsible for the Interior, the Ghana Police Service and the Attorney-General.
    All of them are members of the National Security Council. There are two of them which I believe we could add, so if it would please the Hon Members of the Committee, I would suggest that in place of the National Security Council, we rather have a representative of the Military Intelligence, that is part of the National Security Council, but is not represented here, and also the Ghana Revenue Authority.

    Mr Speaker, some of my Hon Colleagues are daring me. I am telling them that it is a constitutional provision, and they are asking which part of the Constitution.

    Look at the provision on the National Security Council. It includes those, and the Constitution has not been amended.
    Mr First Deputy Speaker 12:20 p.m.
    Hon Majority Leader, how useful would the Ghana Revenue Authority be in a programme to protect witnesses?
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, we are talking about the National Security Council, and I am saying that those other groups that are represented there all belong there.
    We have the Customs, Excise and Preventive Service. I am using the new terminology because it is a new name.
    Mr First Deputy Speaker 12:20 p.m.
    You would see that all the persons listed here are persons who have something to do with crime investigation or prosecution or otherwise.
    The revenue part of the National Security does not appear to be an odd one out, and I would suggest that if you are going to replace it as you said, the National Security, one person who is not below the rank of analyst, then the Military Intelligence is sufficient.
    You have suggested that the head of Military Intelligence should replace one person from National Security. I think that should be sufficient, because Ghana Revenue Authority would not be interested in prosecution and crime investigation, and it would be odd to bring them within this circumstance.
    So I suggest that one substitution should be sufficient.
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, except if we did that the number would be even.
    Mr First Deputy Speaker 12:20 p.m.
    No, if you replace the eight with the Executive Secretary then you still have nine, am I right?
    So if you add the secretary and the Military Intelligence, then you would get
    11.
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, it begins with clause 6 (1) (a). If you count that and count those under (b), we shall have to -- [Interruption.]
    Mr First Deputy Speaker 12:20 p.m.
    Which are eight, it makes it nine. Then you add the Executive Secretary, ten.
    So if we replace this one, it is still the same ten, and we probably do not need additional one. We should just remove the viii and leave it there.
    Mr Abban 12:20 p.m.
    Mr Speaker, I remember that when we got to clause (6), before the proposed amendment was advertised to include the Executive Director, we had already included two persons, one of whom had to be a woman.
    That has already been done, meaning that if we now add the Executive Director, the number actually gets to 12. So, if we remove the National Security Council and we do not replace it at all, we would then have 11, an odd number.
    So I believe we could just remove the person from the National Security Council, and then we would have that odd number, because we have already made the amendment to include two more people, one of whom must be a woman, which we have already done.
    Mr Osei-Bonsu Amoah 12:30 p.m.
    Mr Speaker, we would need to agree on the kind of persons that we would want to serve on the Board. The Hon Majority Leader referred to the the National Security Council. Under article 83 of the Constitution, the membership of the
    Council is listed. Of course, we have the Commissioner of CEPS as one of the members, except that we now have the GRA, and CEPS is now under GRA. If we look at the membership of the National Security Council, it includes the Director- General of Ghana Prisons, the Director of External Intelligence, Director of Internal Intelligence, Director of Military Intelligence and then CEPS, before appointees of the President.
    We have listed here: the Prisons Service, not below the rank of a Director, the Immigration Service, not below the rank of a Director and then the National Security Council. But the National Security Council involves all these persons.
    So we should be certain as to who we would want to be in there and why the person should be there. It should not just be because the person belongs to the National Security Council.
    Mr First Deputy Speaker 12:30 p.m.
    But first, how many members do we want to be on the Board? I think we should determine the number, then we would give priority in terms of the people who are eligible to be on the Board.
    Hon Chairman, how many people do you want to be on the Board?
    Mr Banda 12:30 p.m.
    Mr Speaker, the determination of the number of people who should be on the Board should be made by plenary, to the extent that we have an odd number. But the members of the Board must not be too many.
    Mr First Deputy Speaker 12:30 p.m.
    Are the 12 members inclusive of the amendment we just did -- the Executive Director?
    Mr Banda 12:30 p.m.
    Rightly so, Mr Speaker.
    Mr First Deputy Speaker 12:30 p.m.
    So we either add one or remove one. Your suggestion is that we should remove one, which I entirely agree with. The last person is the best person to be removed. [Laughter.]
    Mr Banda 12:30 p.m.
    The National Security Council; but the Hon Majority Leader proposes that the two other persons that we accepted, we should amend to make it one person who shall be a woman. I think that once we have already gone past that stage, we should maintain it. That is my view, so that we either decrease or add on to the number to have an odd number.
    Mr Speaker, the fact is, once we are dealing with protection, investigation and prosecution, we have all the relevant bodies on the Board. We have the Ghana Police Service, the Attorney-General, the Executive Director, EOCO, the Ministry of the Interior, Commission of Human Rights
    and Administrative Justice and Prisons -- [Interruption] -- But we do not have to get all of them on board. Once the Ministry of the Interior is there -- [Interruption.]
    Mr First Deputy Speaker 12:30 p.m.
    Which one did the Hon Majority Leader say is missing? The Military?
    Mr Banda 12:30 p.m.
    Mr Speaker, Defence.
    Mr First Deputy Speaker 12:30 p.m.
    They are not involved in arrest, prosecution and so on? They are not involved in those internal security matters. So we can leave them out, so that they would be doing the external things.
    Mr Banda 12:30 p.m.
    Mr Speaker, I think we can remove the last one, which is the National Security Council. We have the Ministry of the Interior and the Police is under the Ministry of the Interior. That would suffice for now.
    Hon Majority Leader is shaking his head -- [Laughter.] That is my opinion.
    Mr First Deputy Speaker 12:30 p.m.
    Yes, so move the amendment.
    Mr Banda 12:30 p.m.
    Mr Speaker, I beg to move, that, paragraph viii in clause 6 of the Bill be deleted.
    Question put and amendment agreed to.
    Clause 6 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:30 p.m.
    Hon Members, item numbered 18 (ii), clause 9.
    Mr Banda 12:30 p.m.
    Mr Speaker, before I move the amendment, once the composition of the Board has changed, I am proposing that instead of six, we make it seven.
    Mr Speaker, I beg to move, clause 9, add the following new
    subclause:
    “(3) The quorum at a meeting of the Board is seven members”.
    Question put and amendment agreed to.
    Clause 9 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:30 p.m.
    Clause 13 -- How did we resolve the issue of Executive Director and so on? -- Very well.
    So I should put the Question on clause 13 since that is what is advertised there?
    Question put and amendment agreed to.
    Clause 13 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:30 p.m.
    Hon Members, clause 20?
    Mr Banda 12:30 p.m.
    Mr Speaker, I beg to move, clause 20 -- headnote, after “Victims” insert “Support and”
    So, it would read:
    “…the Victims Support and Compensation Fund”.
    Mr Speaker, the rationale is that the Fund is necessarily not to cater for compensation. It is also intended to take care of ancillary expenses to the protection of victims and witnesses. But the way the headnote has been constructed, it appears misleading and a misnomer. That is why
    in the opinion of the Committee we thought that in order to capture the intent of the headnote, we should add “support” in order to make it read, “The Victims Support and Compensation Fund” Mr Speaker, this is the rationale behind the amendment.
    Mr First Deputy Speaker 12:40 p.m.
    If I recall correctly, the discussion we had the last time was, who the victim is. I just went back to look at the definition section and “victim” as defined here is:
    “victim” means a person who has suffered a loss, damage or injury as a consequence of the commission of a crime;”
    and the discussion was that it was rather too wide.
    If somebody runs over my leg, first of all, it is a crime. The person could be charged with careless driving or any such thing. Am I entitled to compensation under this Bill? The victim we are talking about here is the person who is related to a witness.
    So if we make this amendment, then I suggest we amend the definition of a “victim” to relate it to a witness or somebody giving evidence, not just any victim of a crime because that is rather too wide. I believe that is where we left it the other time.
    Mr Abban 12:40 p.m.
    Mr Speaker, the use of the word “victim” here and the definition it comes with envisages the people who have been enrolled unto the programme. This is because if one has not been enrolled unto the programme, he cannot even enjoy the support of whatever is contained in this Bill. So it has to do with those who have been enrolled onto the Witness Protection Programme.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, you are right in bringing us back to where we were the other time. Indeed, what my Hon Colleague, the Hon Vice Chairman of the Committee is even speaking to finds expression in clause 28 of the Bill, “Protective action”. It is for witnesses and whoever should even benefit from the Fund.
    Mr Speaker, if we read clause 28 (2), it says and I beg to quote;
    “(2) The action may include;
    (a) making arrangements ne- cessary --
    (i) to allow the witness to establish a new identity; or
    (ii) otherwise to protect the witness;
    (b) relocating the witness;
    (c) providing accommodation for the witnesses;
    (d) providing transport for the property of the witnesses …”
    So, Mr Speaker, we are talking about the witnesses and the victims who would be persons related to the witness who because of the position of the witness may suffer some threats or intimidation. So, those are the people. They should be linked to the witness. It is not a stand alone thing. Otherwise it would create problems.
    Mr First Deputy Speaker 12:40 p.m.
    I believe we should take note and amend the definition of “witness” when we get there. Otherwise we can put the Question on clause 20 now.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, there are two ways of doing it. We could say that further to that amendment to the headnote, “Establishment of Witness and Victims Compensation Fund” or we could just leave it as “Establishment of Witness Compensation Fund”.
    When we come to clause 21 for instance, “Object of the Fund” could read:
    The object of the Fund is to provide financial resources to the Agency for purposes of providing protection to witnesses and persons connected to witnesses who are at risk of harm, intimidation or retaliation.
    If we got it that way, it would then reflect the position of who the victim is. I believe that is the tidier way of doing it. This is because as captured in the original Bill, we would create problems for ourselves when it comes to interpretation and who really a victim is.
    Mr Banda 12:40 p.m.
    Mr Speaker, when we say “witnesses and persons who are connected to witness” is it intended to mean persons who are by blood connected to witnesses? [Interruption.] Then, that point has to be made clearer because to the best of my knowledge, it is not all victims who end up being witnesses.
    Mr First Deputy Speaker 12:40 p.m.
    We understand that somebody may be a victim only because he or she is related to the witness. If for example, I am going to give evidence against you in a matter and you think that if you hold my son or daughter as a hostage it would prevent me from doing that and you hurt him or her, he is a victim only because he is related to me as the witness.
    That is the kind of causal linkage we would want to establish, that it is not just any victim who was hit by a stray bullet when somebody committed a crime
    elsewhere and a stray bullet hits him. He is a victim of a crime but it is not because he is related or he is going to give any evidence. It is not this Bill and that is why we thought that the definition of the “victim” must be clear, that he or she is the person, who by virtue of being connected to a witness, has been victimised or wronged in some other way.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, what we are talking about is reinforced by clause 28 (4) (a) which reads:
    “A person satisfies the criteria for admission to or removal from the Programme if that person requires protection --
    (a) by virtue of being related to a witness;”
    So we are talking about a person being related. Relation may not necessarily be by blood. It is a friend, an associate of that person and the life of that person may be imperilled because of his closeness to the witness. So Mr Speaker, I believe my Hon Colleagues are getting the issue better and once we have the principle, I guess we can go on and do what is right.
    Mr Banda 12:40 p.m.
    Mr Speaker, I would then plead with the Hon Majority Leader, once he is the one fronting the amendment, he should move it for us to get the clearer picture so that we can all follow him.
    Mr First Deputy Speaker 12:40 p.m.
    I suggest that we take the amendment as it is and then prepare a new definition for “victim” which would then cover all. Who is a victim would be interpreted to encompass and bring the relation to the witness. That is what I suggest.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, I believe in the interpretation of “witness” we could have a formulation like this:
    “victim” means a person who has suffered a loss, damage or injury as a consequence of the commission of a crime by virtue of the person's relation to the witness.”
    Mr First Deputy Speaker 12:40 p.m.
    That is the definition column we are doing now.
    Mr First Deputy Speaker 12:40 p.m.
    So we should note that down. We would do this amendment when we get to the definition side and when we do that interpretation, it would cover this amendment.
    Hon Chairman of the Committee move your amendment again so that we can --
    Mr Banda 12:50 p.m.
    Mr Speaker, having gotten a clear picture, I would move a further amendment to the Committee's amendment. The headnote would read:
    “The Witnesses and Victims Compensation Fund”.
    Mr First Deputy Speaker 12:50 p.m.
    Hon Members, the proposed amendment is that the headnote of clause 20 should now read:
    “Establishment of Witnesses and Victims Compensation Fund”.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, this is consequential. The subheading for that part which is in italics: “The Victims Compensation Fund” would have to be also affected. So we would have, “The Witnesses and Victims Compensation Fund”.

    In the body of clause 20, the first line, we shall also have a consequential amendment.

    “There is established by this Act a fund to be known as the Witnesses and Victims Compensation Fund…”
    Mr First Deputy Speaker 12:50 p.m.
    The consequential order is that, the appro- priate alignment should be made consequent upon the amendment of the headnote.
    Clause 20 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:50 p.m.
    Clause 21? Question to be put.
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, there was a minor amendment that I proposed for clause 21. I said that we should import the words of clause 2 to clause 21.
    There is a particular word that is missing which I said is necessary to be imported to line 3 of clause 21. We should include “intimidation” after “harm”.
    So it would read:
    “…harm, intimidation or retaliation”.
    Mr First Deputy Speaker 12:50 p.m.
    Where are you referring to? I am not following you.
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, clause 21, line 3.
    “The object of the Fund is to provide financial resources to the Agency for the purpose of providing protection to victims, and related persons who are witnesses and are at risk or harm, intimidation or retaliation as a result of their co-operation with a law enforcement agency…”
    Mr First Deputy Speaker 12:50 p.m.
    Very well. So the insertion is “retaliation” after “harm”?
    Mr Kum 12:50 p.m.
    Mr Speaker, I wish to also propose a further amendment to what the Hon Majority Leader just proposed. Insert “threat” after “harm”.
    Mr First Deputy Speaker 12:50 p.m.
    I thought “threat” would be covered under “intimidation”. Do you want “threat” and “intimidation”? Where are the English scholars? Are they not the same, or they are different?
    Hon Chairman of the Committee, the risk of harm, threat, intimidation, or retaliation --
    Mr Banda 12:50 p.m.
    “Intimidation” and “harm” are not the same but “threat” and “harm” are synonymous. [Interruption.]
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, “threat” in the circumstance would really be a potential risk. So if we have to borrow from the language of clause 2 which states the object of the Agency, then perhaps I would ask that for purposes of consistency, we would rather use the words “potential risk”.
    This is because in clause 2, it reads and I beg to quote;
    “… people who face potential risk or intimidation due to their cooperation with the prosecution and other law enforcement agencies.”
    However, if it is “threat”, I do not mind; except that we should recognise that “threat” is not the reality. It is the potential risk that ensues from it.
    Mr First Deputy Speaker 12:50 p.m.
    So what is the position? Should we include threat?
    Ms Safo 12:50 p.m.
    Mr Speaker, if we look at the Criminal Act of Ghana, there is an offence of threat of harm. I believe that if we want to encompass the potential risks that a witness might encounter, we would have to include that as well.
    Mr Kum 12:50 p.m.
    We could still maintain “threat”. This is because that is inchoate.
    Mr First Deputy Speaker 12:50 p.m.
    Very well. So the new rendition would read:
    “The object of the Fund is to provide financial resources to the Agency for the purpose of providing protection to victims, witnesses and related person who are at risk of harm, intimidation, threat or retaliation as a result of their co-operation with a law enforcement agency…”
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, for the avoidance of doubt, we have in line 3, “victims, witnesses…”, and I said we should tweak it. So we would have “witnesses, victims and related persons”. Who are the related persons?
    The related persons are persons connected to witnesses. So for the avoidance of doubt, could we state it clearly as “related persons to the witness”?
    Mr First Deputy Speaker 12:50 p.m.
    We could define “related persons” at the end. I prefer that so we would leave this as it is and then take note and define “related persons”.
    Mr First Deputy Speaker 12:50 p.m.
    Very well Mr Speaker.
    Question put and amendment agreed to.
    Clause 21 as amended ordered to stand part of the Bill.
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, just to draw the attention of the Committee to the section under the Witnesses and Victims Compensation Fund. We would realise that in certain parts, especially clause 25, it only talks about ‘victims'. But with what we have done now, we should include ‘witnesses' consequentially in those areas. For instance, when we get to clause 25 (2) (b) --
    Mr First Deputy Speaker 1 p.m.
    Hon Majority Leader, I gave a consequential order that all that should be realigned.
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, precisely.
    Mr Speaker, it was to draw your attention.
    Mr First Deputy Speaker 1 p.m.
    Hon Chairman of the Committee, you may return to clause 57.
    Clause 57 -- Protection of Witness.
    Mr Banda 1 p.m.
    Mr Speaker, I beg to move, clause 57, subclause (2), line 2, delete “did not believe it to be” and insert “ought to have known that the statement is not true”.
    So that the new rendition reads:
    “Subsection (1) does not apply with respect to a statement made by a witness who ought to have known that the statement is not true.”.
    Mr Speaker, the rationale for this amendment is to say that “did not believe it to be true” would be too subjective. It would be difficult to establish that the person did not believe it to be true.
    This is because belief is a matter of subjectivity. But the new rendition would be interpreted to mean that if the
    Mr First Deputy Speaker 1 p.m.
    Hon Members, simply put, witnesses should take responsibility for false statements they make. Is that right?
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, I appreciate the principle being espoused by the Hon Chairman, except that the application should go to a subject and in this case, a witness.
    Mr Speaker, we have clause 57 (2) providing 1 p.m.
    “Subsection (1) does not apply with respect to a statement…”
    The application is not to a statement, it is to the witness. So they should just have a re-couch of it. I am proposing that we rather have -- ‘subsection (1) does not apply to a witness who makes a statement which the witness ought to have known that the statement is not true'. So, it applies to the witness and not to the statement.
    Mr First Deputy Speaker 1 p.m.
    Hon Members, I believe the substance of the amendment is understood but it should be redrafted to reflect exactly what we want. I would have made it straight that: “… it does not apply to a witness who makes a false statement” -- period. Then the responsibility is on the person to know that the statement he made is not false. What do you think?
    Mr O. B. Amoah 1 p.m.
    Mr Speaker, or knowingly makes false statements.
    Alhaji I.A.B. Fuseini 1 p.m.
    Mr Speaker, it is not an objective test; it is a subjective test here. So if the person making the statement knowingly makes a false statement, then he is held reliable. But not if we see the statement as being false. So that is the reason the initial rendition was ‘does not believe in the statement'. The person himself must know and we would demonstrate to him that that statement could not have been true.
    Mr First Deputy Speaker 1 p.m.
    So I believe that the shortest and simplest would be ‘Subsection (1) does not apply to a witness who knowingly makes a false statement.'

    I would put the Question. The Question is that subsection 2 be amended to read:

    ‘‘Subsection (1) does not apply to a witness who knowingly makes a false statement''.

    Question put and amendment agreed to.

    Clause 57 as amended ordered to stand part of the Bill.

    Clause 60 -- Interpretation
    Mr First Deputy Speaker 1 p.m.
    Hon Majority Leader, I believe this one needs a lot of work on it. You have proposed a number of new definitions to be inserted and done. I would suggest we defer this for the Committee to complete it.
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, even before then, respectfully, I would want to take us to Regulations. Clause 59 (d) says:
    “the regulation of access to places where persons are kept;”
    Who are those persons that we are talking about? We are talking about the participants. Participants as defined by section 52 --
    Mr First Deputy Speaker 1 p.m.
    I believe it would rather come under protected persons.
    If you look at the regulation of access to places where persons are kept, then we are talking about protected persons. So the reference to persons should rather be amended to read ‘protected persons'.
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, it should be amended to read protected persons or the participants. The participants are the protected persons.
    Mr First Deputy Speaker 1 p.m.
    Very well. Clause 59 --
    Hon Chairman of the Committee, the amendment proposed is that this should be amended by the insertion of “protected” persons; is that agreeable to you?
    Mr Banda 1 p.m.
    Mr Speaker, yes; that is agreeable to me.
    Question put and amendment agreed to.
    Mr O. B. Amoah 1 p.m.
    Mr Speaker, subclause (e): “Terms and conditions of agreement and arrangements entered into for the purposes of this Act”. Are we saying that we are going to make regulations which would spell out the terms and conditions of agreements and
    arrangements that would be entered into with foreign institutions and countries? I do not really understand the subclause (e). If we are not careful, Regulations would end up even overreaching the parent Act.
    Mr First Deputy Speaker 1 p.m.
    Hon Chairman of the Committee, what do you have in mind with regard to clause 59 (e)?
    Mr Banda 1 p.m.
    Mr Speaker, I believe that under the Bill, every witness is supposed to enter into a sort of memorandum of understanding between himself or herself and the Attorney-General. It is because we cannot spell out all the fundamental terms that must be captured in the Bill, that is the reason the mandate is being given to the Attorney-General to come up with Regulations, spelling out the essential aspects -- model terms of the Agreements.
    Mr First Deputy Speaker 1:10 p.m.
    Model terms?
    Mr Banda 1:10 p.m.
    Simpliciter; that is all that this provision seeks to do.
    Mr O. B. Amoah 1:10 p.m.
    Mr Speaker, then we should specify that it is with persons who come under this and not general agreements and arrangements, as this appears, because we are talking about persons.
    Mr First Deputy Speaker 1:10 p.m.
    Hon Member, it is only for the purposes of this Act. It is restricted to just the implementation of the Witness Protection Act.
    Mr O. B. Amoah 1:10 p.m.
    Yes, but if we just leave it as agreements and arrangements, we may end up thinking that it is beyond persons.
    Mr First Deputy Speaker 1:10 p.m.
    It is of this Act. This Act refers to only witnesses and that is what I thought.
    Mr O. B. Amoah 1:10 p.m.
    Anyway, there is no harm in making it more elegant than this.
    Mr First Deputy Speaker 1:10 p.m.
    Yes, Hon Ranking Member of the Committee.
    Alhaji I. A. B. Fuseini 1:10 p.m.
    Mr Speaker, I understand where my Hon Brother is coming from. As the Hon Chairman of the Committee has said, the intendment is what has been captured by the Hon Speaker himself, that when people go under the programme, they would enter into some binding arrangement with the Hon Minister for Justice and Attorney- General and the Ministry must specify those terms and conditions under which they enter the agreement under this Act. That is what he said.
    Mr First Deputy Speaker 1:10 p.m.
    We have not put the Question on clause 58. So, I would put the Question on clause 58.
    Clause 58 ordered to stand part of the Bill.
    Very well, I would put the Question on clause 59.
    Question put and amendment agreed to.
    Clause 59 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:10 p.m.
    We are left with clause 60 but I believe we should take our time and clean the clause up to the definitions, otherwise if it is passed, a few of them may not make sense or cover the real essence.
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, if the Hon Chairman would agree with me, there are minor issues that we could correct while we are here.
    There is a minor issue on clause 49 that I believe we could do. With your permission, I beg to move that clause 49 (a), before “participant” delete “the” and insert “that”, and subclause (b) before “participant”, delete “the” and insert “that”. It will read:
    “The Attorney-General shall not obtain documentation for a participant which represents that the participant
    (a) has a qualification which that participant does not have; or
    (b) is entitled to a benefit to which that participant is not entitled.”
    Mr Speaker, with clause 47, would we
    -- 1:10 p.m.

    Mr First Deputy Speaker 1:10 p.m.
    Hon Majority Leader, let us take them one after the other. Are we satisfied with clause 49 (a) and (b)?
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, I believe I have all of them behind me. [Laughter.]
    Mr First Deputy Speaker 1:10 p.m.
    So we would have to take the vote on the amendment. [Interruption.]
    Yes, Hon Chairman of the Committee?
    Mr Banda 1:10 p.m.
    Mr Speaker, we have no objections.
    Mr First Deputy Speaker 1:10 p.m.
    I would put the Question.
    Question put and amendment agreed to.
    Clause 49 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:10 p.m.
    Hon Majority Leader, you were going to clause 47. [Pause.]
    I would still respect the one hour I gave. We have five minutes before the one hour is due.
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, I thought we started at 12:30 p.m.
    Mr First Deputy Speaker 1:10 p.m.
    Hon Majority Leader, it is not what time we started; it is the time I allowed the one hour. It was 12:20 p.m. [Laughter.]
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Very well.
    Mr Speaker, clause 47 is for our general consideration; would we not prefer the use of the word “previous” to “former” in this context? Non-disclosure of the former identity of a participant?
    Mr First Deputy Speaker 1:10 p.m.
    Yes; former identity, previous identity. What difference does it make?
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, the Clerk-at-the-Table indicates to me that we should leave it at that. I would not further litigate that.
    Mr First Deputy Speaker 1:10 p.m.
    Hon Majority Leader, I am not subject to being questioned. [Laughter] -- So, if you could propose your amendments --
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, I refer to clause 30; in deciding whether to include a witness in the Programme, the
    Some Hon Members 1:10 p.m.
    Regard to.
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, finally, the issue I raised, clause 2 would include, “investigative”. So it will read:
    “2 (1) The object of the Agency is to provide the framework and procedures for giving special protection on behalf of the State, to persons who possess important information and face potential risk or intimidation due to their cooperation with the investigative prosecution and other law enforcement agencies”.
    I believe we left out “investigative”.
    Mr First Deputy Speaker 1:10 p.m.
    I believe we did that amendment.
    Mr Kyei-Mensah-Bonsu 1:10 p.m.
    Mr Speaker, I raised it and we said that when we finish we could come back and consider it.
    Mr First Deputy Speaker 1:10 p.m.
    Very well.
    Yes, Hon Ranking Member of the Committee?
    Alhaji I. A. B. Fuseini 1:10 p.m.
    Mr Speaker, we corrected it to read:
    “2. (1) The object of the Agency is to provide the framework and procedures for giving special protection, on behalf of the State, to persons who possess important information and face potential risk or intimidation due to their cooperation with respect to investigations and prosecutions.”
    Mr First Deputy Speaker 1:10 p.m.
    What you are suggesting is that an amendment was

    Yes, the record of proceedings for Friday, 8th June, 2018 is being shown to me here. It shows that the previous day we had:

    “Clause 2 -- Amendment proposed -- Sub-clause (1), line 4, delete “prosecution and other” and in line 5, after “agencies” add “with respect to investigations and prosecutions”.

    Yes, Hon Deputy Majority Leader?
    Ms Safo 1:10 p.m.
    Mr Speaker, on the issue of clause 2 which has been amended, respectfully, I would want to propose a further amendment because of the insertion of some words in the subsequent provision that we have considered.
    With the new rendition that was proposed by the Hon Member for Ahanta West, where we inserted “threat”, I further propose that the “Object of the Agency” in clause 2 (1) should read:
    “The object of the Agency is to provide the framework and procedures for giving special protection on behalf of the State, to persons who possess important information and face potential risk, threats or intimidation due to their cooperation with the investigating prosecution and other law enforcement agencies.”
    Mr O. B. Amoah 1:10 p.m.
    Mr Speaker, I thought that regarding investigative prosecution and other law enforcement agencies, that amendment had already been made.
    Mr First Deputy Speaker 1:10 p.m.
    No, she proposed another --
    Mr O. B. Amoah 1:20 p.m.
    Her amendment just adds “threat”, but it should not change the earlier amendment.
    Mr First Deputy Speaker 1:20 p.m.
    Fortunately, she read the Order Paper and the Bill, which does not have the amendment. That was why -- The amendment was only to add “threat” after “risk” in line 3 of clause
    2 (1).
    Question put and amendment agreed to.
    Clause 2 as variously amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:20 p.m.
    Hon Chairman, clause 60 -- Interpretation.
    Mr Banda 1:20 p.m.
    Mr Speaker, I beg to move, clause 60, interpretation of “law enforcement agency”, delete and insert the following:
    “‘law enforcement agency' includes the Ghana Police Service, the Bureau of National Investigations, the Economic and Organised Crime Office, the Office of the Special Prosecutor, and Financial Intelli- gence Centre”.
    Mr Speaker, we are alright with the preceding of the Agencies with “includes”. It means that the list of the law enforcement agencies is not exhaustive, so we could add on as and when the need arises.
    Question put and amendment agreed to.
    Mr Frist Deputy Speaker 1:20 p.m.
    There is another amendment on clause 60.
    Mr Banda 1:20 p.m.
    Mr Speaker, I beg to move, clause 60, interpretation of “participant”, line 1, after “witness” insert “or a person”.
    So it would read:
    “participant” means a witness or a person who is included in the programme;”
    Mr Speaker, we all know that it is not only witnesses who are included in the programme; we have persons who are not witnesses but could be included in the programme. So we wanted “participant” to capture all that for it to be expansive.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:20 p.m.
    Hon Leader, I would now listen to your proposed amendment on “victim”.
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker, subject to the approval of the Committee's Chair, I propose that we define “victim” as:
    “victim” means a person who by virtue of that person's relation to the witness has suffered a loss, damage or injury as a consequence of the commission of a crime;”
    Mr First Deputy Speaker 1:20 p.m.
    It is a pity that you did not pay attention, so you would get the --
    Mr O. B. Amoah 1:20 p.m.
    He is a man of many words, so sometimes --
    Mr Frist Deputy Speaker 1:20 p.m.
    Can you read it out again?
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker,
    “victim” means a person who by virtue of that person' s relation to the witness has suffered a loss, damage or injury as a consequence of the commission of a crime;”
    Alhaji I. A. B. Fuseini 1:20 p.m.
    Mr Speaker, the definition proffered by the Hon Majority Leader appears to exclude the witness as a victim.
    Mr First Deputy Speaker 1:20 p.m.
    The witness is covered separately. So if you look at the clause that necessitated the amendment, it is “a witness and a victim”. A witness is identified separately from a victim.
    Alhaji I. A. B. Fuseini 1:20 p.m.
    I agree entirely with you because “witness” comes immediately after “victim”.
    Mr Speaker, but the amendment that was proffered restricts the definitions. A witness, a victim as well as a participant are all persons. We have now introduced adjectives to restrict a victim from a participant, and a victim from a witness. That is what we are doing.
    So we are saying that one could only be a victim if one is related to the witness. That is what we have now introduced. It would mean that if one is not related to the witness in any way, one cannot be a victim.
    Mr First Deputy Speaker 1:20 p.m.
    For the purposes of relying on this Bill for compensation -- I believe it relates to clause 20. We are setting up a fund to provide compensation and reparation for witness-victims. So we know who a witness is, but they want to be clear whom we are referring to when we say “victim” in the Bill.
    We are referring to a person who is threatened or injured as a result of that person's relation to the witness and not any other person. I think that is the import.
    Alhaji I. A. B. Fuseini 1:30 a.m.
    I agree with the idea, but I was just worried because it appears to restrict the definition of “witness”. If the restriction is in tandem with the Bill, I have no objection.
    Question put and amendment agreed to.
    Clause 60 as variously amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:30 a.m.
    That brings us to the end of the Consideration Stage of the Witness Protection Bill, 2017.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 1:30 a.m.
    Mr Speaker, let me thank you very much for your guidance through this enterprise and to also thank my Hon Colleagues for their endurance.
    Today being Friday, we have done quite well, having scaled the hurdle of the Witness Protection Bill, 2017.
    Mr Speaker, I would want to plead with my Hon Colleagues that beginning from Tuesday, we shall apply ourselves to the almighty Right to Information Bill. I would plead with the Hon Minister for Justice and Attorney-General or her Hon Deputy to be with us and we will do the two pari- passu.
    I thank you very much and I would want to move that we adjourn proceedings until next week Tuesday at 10.00 in the morning.
    Mr Speaker, as I indicated, beginning from Tuesday, we are going to have extended Sittings and I hope and pray that the Rt Hon Speaker will be well.
    Mr First Deputy Speaker 1:30 a.m.
    I hope so, but I pray you find the other Hon Deputy Speaker because we will need him. So wherever he is, please find him.
    Mr Kyei-Mensah-Bonsu 1:30 a.m.
    Mr Speaker, you can be sure that we will send several Mungo Parks and David Livingstones to go and discover the Hon Second Deputy Speaker.
    Mr Speaker, I reiterate the Motion that I have moved, that we adjourn until next week Tuesday at 10 o'clock in the forenoon.
    Mr First Deputy Speaker 1:30 a.m.
    Yes, Hon Ranking Member?
    Alhaji I. A. B. Fuseini 1:30 a.m.
    Mr Speaker, I beg to second the Motion for adjournment.
    I wish to thank the Hon Majority Leader for having the presence of mind to programme next week for extended Sittings because we have two important Bills before us -- The Right to Information Bill and the Legal Aid Commission Bill.
    Mr Speaker, the Right to Information Bill has attracted attention of the Ghanaian public, and somehow they feel there is a conspiracy by this House to delay the passage of the Bill.
    The extended Sitting will give us an opportunity. Bearing in mind that Parliament is programmed to rise on the 28th or so of July, the extended Sitting would mean that probably, we would have twice the time that we will normally have to deal with the Bills.
    Mr Speaker, so I will entreat Hon Members that next week we make our presence in Parliament felt by contributing to the passage of these two important Bills.
    Mr First Deputy Speaker 1:30 a.m.
    Hon Members are reminded that the Hon Majority Leader has given notice that we will have extended Sittings and so Hon Members should prepare.
    Question put and Motion agreed to.
    ADJOURNMENT 1:30 a.m.