Debates of 26 Jul 2018

MR FIRST DEPUTY SPEAKER
PRAYERS 11:40 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:40 a.m.

Mr First Deputy Speaker 11:40 a.m.
Hon Members, item numbered 2 on the Order Paper, Correction of Votes and Proceedings and the Official Report.
Hon Members, we would commence with the Correction of Votes and Proceedings of Wednesday, 25th July,
2018.
Page1…22 --
rose
Mr First Deputy Speaker 11:40 a.m.
Yes, Hon Member for Akim Oda?
Mr Quaittoo 11:40 a.m.
Mr Speaker, I am sorry to take you back. On page 8, yesterday, Hon Oduro, George Boahen was present in the House but has been marked absent.
Mr First Deputy Speaker 11:40 a.m.
Very well.
The Table Office would take note and correct it.
Page 23… 54
Hon Members, the Votes and Proceedings of Wednesday, 25th July, 2018 as corrected is hereby adopted as the true record of proceedings.
rose
Mr First Deputy Speaker 11:40 a.m.
Yes, Hon Member for Tamale North?
Mr Sayibu 11:40 a.m.
Mr Speaker, I am sorry to take you back, even though you have already put the gavel down on the Votes and Proceedings.
Mr Speaker, I noticed on page 8 that my name is marked absent though I was here yesterday.
Mr First Deputy Speaker 11:40 a.m.
Hon Member, we have already adopted the Votes and Proceedings, but please, contact the Table Office to effect the appropriate corrections.
Hon Members, we have the Official Report of Wednesday, 4th July, 2018. Any corrections?
rose
Mr First Deputy Speaker 11:50 a.m.
Yes, Hon Member?
Mr Kobena Mensah Woyome 11:50 a.m.
Mr Speaker, clearly, yesterday, I was supposed to ask the Hon Minister for Sanitation and Water Resources some Questions, which appeared in yesterday's Order Paper. So I thought it would be repeated in today's Order Paper, so that I am, at least, given the opportunity to ask the Question.
I do not know what is happening; if the Hon Majority Leader could assure me whether that would really take place before we go on recess.
Mr First Deputy Speaker 11:50 a.m.
Hon Majority Leader, the Hon Member is complaining that the Business of yesterday was truncated at a point, so his Question was not asked. He wants assurance that the Business Committee would reprogramme his Question.
Mr Osei Kyei-Mensah-Bonsu 11:50 a.m.
Mr Speaker, we would see to accommodate that tomorrow.
  • [No correction was made to the Official Report of Wednesday, 4th July, 2018.]
  • Mr First Deputy Speaker 11:50 a.m.
    Hon Majority Leader, I see both the Hon Ministers for Roads and Highways and Energy in the House. What is your pleasure?
    Mr Kyei-Mensah-Bonsu 11:50 a.m.
    Mr Speaker, there are no listed Questions for the Hon Minster for Roads and Highways.
    On the other hand, we have Questions for the Hon Minister for Energy; but we would hold on for quite a while and finish quickly with the outstanding issues to do with the Ghana Integrated Bauxite and Aluminium Authority Bill of 2018.
    I believe we could spend a few minutes to finish up with that. We would then attend to the Hon Minister for Roads and Highways and the other matter before us in respect of the transition of our two leaders.
    Mr First Deputy Speaker 11:50 a.m.
    I did not hear your last sentences.
    Mr Kyei-Mensah-Bonsu 11:50 a.m.
    I said that when we are done with the Bill, we would have space for the Hon Minister. Since these are constituency-specific Questions, I guess in fifteen minutes or
    less, we should be able to finish with that and deal with the matters relating to the transition of the two personalities; the former Vice-President and a former Minority and Majority Leader.
    Mr First Deputy Speaker 11:50 a.m.
    Very well.
    BILLS -- CONSIDERATION 11:50 a.m.

    STAGE 11:50 a.m.

  • [Resumption of Consideration, from 25/07/18.]
  • Mr First Deputy Speaker 11:50 a.m.
    Hon Chairman of the Committee, clause 25.
    Chairman of the Committee (Mr Emmanuel Akwasi Gyamfi) 11:50 a.m.
    Mr Speaker, I beg to move, clause 25 delete.
    Mr Haruna Iddrisu 11:50 a.m.
    Mr Speaker, could the Hon Chairman proffer an explanation why he wants clause 25 deleted? Why does he not want a geoscientific report? Is it not a matter of policy?
    Mr Kyei-Mensah-Bonsu 11:50 a.m.
    Mr Speaker, the provision relates to bauxite as a mineral, when the Bill was really meant to encapsulate the mining of bauxite. Now that it has been hived off, it has no relevance. That is why the Hon Chairman called for its deletion.
    Mr First Deputy Speaker 11:50 a.m.
    Very well.
    Question put and amendment agreed to.
    Clause 26 -- Intellectual property
    rose
    Mr Gyamfi 11:50 a.m.
    After some consultations, I have abandoned my amendment.
    Mr Iddrisu 11:50 a.m.
    Mr Speaker, I am sure the Hon Chairman recognised that I had risen.
    If we look at the policy principles in the memorandum, it reads:
    “Clause 26 preserves the intellectual property rights of the Authority. The clause provides for the intellectual property rights in any work made by an employee of the Authority, a person assisting the Authority…”
    Since we would largely rely on foreign expertise, it is important that they do.
    Earlier, the Hon Chairman himself would remember that he brought an amendment for skills, technology transfer and others. If he deletes this, then it would render his proposal redundant. So, we should maintain clause 26 and probably look to improve it.
    Thank you.
    Mr First Deputy Speaker 11:50 a.m.
    Is there any proposed amendment to that?
    Mr Kyei-Mensah-Bonsu 11:50 a.m.
    Mr Speaker, the only thing that should happen is the relevant consequential amendments in respect of the usage of “Authority” and “Corporation”.
    Mr First Deputy Speaker 11:50 a.m.
    Very well, the consequential amendments shall be
    taken note of by the draftspersons and be duly effected.
    Mr Ben Abdallah Banda noon
    Mr Speaker, much as I know that this Bill must go through the process as quickly as possible, I have a few amendments I would want to proffer in respect of clause
    26(1).
    Mr Speaker, we are talking about intellectual property. I do not have a problem with clause 26(1)(a); but it appears that clause 26(1)(b) has not been crafted well. If we say, “ a person assisting the Authority…”, what is the status of the person? Is the person a consultant or has been engaged by the Authority?
    Mr Speaker, if we do not make that distinction clear subsequently, it could create a problem and so, I have a proposed amendment and with your permission, I read:
    ‘a person engaged by the Corporation to assist with an investigation or a research…'
    Mr Speaker, the person must be an employee, a consultant or an expert to be engaged to carry out an investigation or a research by the Corporation before any discovery he makes. The intellectual property right could be vested in the Corporation. This is my first proposed amendment.
    Mr Speaker, if I may take clause 26(1) (b) again noon
    ‘a person engaged by the Corporation to assist with an investigation or research'.
    That brings out the distinction clear so that it cannot be any other person. He or she must be one who has been engaged and the research that the person is being commissioned to undertake, is funded by the Corporation.
    That is only when whatever he or she comes out with would then be deemed to be vested in the Corporation, otherwise, the way the rendition or provision has been crafted, it makes it very vague.
    Mr First Deputy Speaker noon
    The only person you may probably exclude is the volunteer. If the person is not a volunteer in whatever form he is contracted, his research findings belong to the Authority.
    So, unless your intention is that we should amend the rendition to exclude volunteers, in which case, I believe it would not arise. Anyway, when we use “assisting”, a person may be voluntarily assisting but how a volunteer can come with sufficient information to be captured as intellectual property, I fail to see.
    Mr Iddrisu noon
    Mr Speaker, probably, I wish to persuade the Hon Chairman of the Constitutional, Legal and Parliamentary Affairs Committee that I see his efforts but it conveys the same rationale and message.
    If a person is assisting the Corporation, (if the word “Authority” was not there,) then we could be talking about you engaging but he must have something to do with the Authority as was amended consequentially.
    So, it means that if an academic on his own is doing his research somewhere, that is not with the Authority and we cannot claim that as part of the intellectual
    property right. You must have a working relationship with them so, it is not necessarily the word “engage”. Once it says:
    “a person assisting the Au- thority…”
    It means that you have something to do with the Corporation and the work of the Corporation. They must have blessed the research that you are coming to do before they could own that intellectual property.
    Mr Anyimadu-Antwi noon
    Mr Speaker, I actually agree with the proposal that was made earlier by the Committee that the entire clause be deleted.
    Mr Speaker, with respect, my reason is that there are a lot of things that are stated in the clause that makes it clumsy. For instance, discoveries are mentioned as intellectual property which is not protectable.
    Apart from that, the very clauses that sub-clauses 5, 6 and 7 are seeking to protect are already protected by the Patent Act, 2003 (Act 657) and the existing intellectual property laws.
    So, to pass a law that would conflict with an existing law, in my view, we should do away with it. If anything, what the Patent Act, 2003 (Act 657) provides -- I think in section 4(3) -- is that when a work is done and intellectual property aspect is done in the course of employment, then in the absence of any contract to the contrary, the intellectual property (IP) is vested in the employer or the person that commissioned the work.
    Mr Speaker, that is why I support the fact that the entire clause must be deleted because an existing law already provides for that.
    Alhaji I. A. B. Fuseini noon
    Mr Speaker, I
    see that the clause must be maintained because it is consistent with modern practice, that in industrial operations, every day, new processes are discovered.
    This provision is to ensure that unless a contract excludes the vesting of the innovation, the rights for the innovation in the person assisting the Corporation, or the intellectual enterprise, the rights would be vested in the person. It does a huge thing for people who will be employed in the industry.
    Mr Speaker, if you come to think about modern trends that talk most specifically about rent income -- [Interruption.] -- When you are in the downstream sector and you are put in charge of the processing, while working, you may discover that there are other mechanisms that could be used to add value and reduce waste but you would have been working there.
    If the contract says that the discovery belongs to the institution, so be it. But if the contract does not say so and we want to encourage that in future, the downstream sector could be encouraged to employ people and give them the opportunity to make discoveries. That is the only way we could develop in essence the integrated aluminium industry. That is why it should be there.
    I know that it was with reluctance that I got up to challenge my Hon Colleague, Mr Anyimadu-Antwi. I know that he has worked in that area, but this provision must be where it is. This is because if we remove it, it will kill innovation.
    Ms Safo noon
    Mr Speaker, I agree with the position of the Hon Anyimadu-Antwi, which was the initial positon of the Committee to totally abandon this provision.
    The reason is to the extent that these intellectual rights are already protected and established in other enactments which are fully taken care of, so it makes it superfluous.
    There is no need trying to put it here and he made a very important point that in trying to insert clause 26 in this Bill, we are actually making contradictions and misunderstandings on discovery on patent, industrial designs and so on.
    Mr Speaker, in the different laws that deal with all these types of intellectual property; copyright, patent, industrial design discoveries, the differences that lie in these rights are well-spelt out and established under these enactments.
    So to pick it from it and put it here rather creates more ambiguity. I believe that laws should be made to be so clear and should be devoid of multiple interpretations. So the laws already exist and I strongly believe and support the position of Hon Anyimadu-Antwi that we need not reproduce it and rather make it ambiguous in clause 26. So, it ought to be abandoned.
    Mr First Deputy Speaker 12:10 p.m.
    All right. I would want to find out whether any employee, contractor or consultant can be ceased with intellectual property rights in the absence of these provisions in view of the general existing laws in the country?
    Mr Anyimadu-Antwi 12:10 p.m.
    Mr Speaker, yes. There are a lot of intellectual property areas and there are a lot of laws; there is the Patent Law, Copyright Law, and Geographical Indication and there is the Trademarks Law. Mr Speaker, all these have provided for this and that is why I am saying that the existing law takes care of it.
    Mr First Deputy Speaker 12:10 p.m.
    Hon Member, you have answered the question and you are arguing for the reason we do not need it here, but what I asked was that without this would contractors be entitled to copyright in the face of the existing law?
    Mr Anyimadu-Antwi 12:10 p.m.
    Mr Speaker, yes.
    Mr First Deputy Speaker 12:10 p.m.
    In that case, then we would need this.
    Mr Anyimadu-Antwi 12:10 p.m.
    Mr Speaker, I must confess that I am getting confused because you have said that we would need this.
    Mr First Deputy Speaker 12:10 p.m.
    Hon Member, what we want to do is to provide for the copyright of every intellectual property that is protectable here in the Corporation.
    Therefore, we are providing for it here, but you are saying that it is not necessary because there are existing laws. I asked you whether without this, the existing laws would give us what we want and you answered no because the contractors would be entitled to it.
    Mr Anyimadu-Antwi 12:10 p.m.
    Mr Speaker, sorry. Then I did not get you right.
    Mr Speaker, I am saying that without this, the existing laws are already protectable.
    Mr First Deputy Speaker 12:10 p.m.
    Hon Leader, I would hear you if you disagree with him.
    Mr Iddrisu 12:10 p.m.
    Mr Speaker, I agree with you because as far back as 2012 when I was then the Hon Minister for Trade and Industry, I had some strong recom- mendations on the patent and trademark laws in the country, including copyright laws when I was working with the Attorney-General.
    Mr Speaker, you are right because even with the musicians and artists in their industry, they do not feel protected by the existing copyright law and we even heard public agitations about it.
    Mr Speaker, the industry is one of innovation and from what I learnt from my readings and the Hon Ranking Member, there is the bauxite which would go to refinery, smelting and then downstream where we would have aluminium products and others. Mr Speaker, essentially, there would be innovation and we would need to protect any intellectual property.
    Mr Speaker, so, what would we lose for the abundance of caution? Mr Speaker, except that we could improve the rendition of clause 26(5). Since Hon Leader corrected “Authority” to “Corporation” it would read “The Board may, on behalf of the Corporation …”] Mr Speaker, I would move a further amendment to read:
    “The Corporation shall on the recommendations of the Board apply for a patent in respect of …”
    Mr Speaker, I believe that we should protect it and this is an industry where we anticipate huge foreign investments. They would come with their intellectual property and as I said, two days ago, the Hon Chairman moved an amendment which was supported when we were looking at the technology transfer of skills. Mr Speaker, it fits into this particular provision.
    Mr Speaker, thank you.
    Mr First Deputy Speaker 12:10 p.m.
    Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs, you have to make up your mind in one way or the other on whether you want this clause or you do not want it.

    Hon Anyimadu-Antwi has stated the position of the law because he is an expert in that area, but I would not agree to the fact that it should be deleted.

    Mr Speaker, because we have enacted a number of laws in this august House, some of whose provisions are found in other laws and the Constitution, but this august House thought it prudent to incorporate some of the provisions from the Constitution into those laws.

    Mr Speaker, so, it is out of the abundance of caution that we are seeking to make provisions for intellectual property rights in this Bill but the only challenge I have is that some of the provisions in this section ought to be re- looked at and re-crafted and reorganised, but I completely disagree with the deletion.
    Alhaji I. A. B. Fuseini 12:10 p.m.
    Mr Speaker, to support the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs, it would be presumptuous to think that the drafters of this law did not know of the existence of the Patent Act.
    Mr Speaker, they have mentioned it in the Bill and so they knew.
    Mr Speaker, with the greatest of respect, we also know that when it comes to interpretation, what applies to specifics takes precedence over what applies to generalities. So, we are saying that for this industry, we are protecting intellectual property and we must do so. So, I agree with him.
    Mr First Deputy Speaker 12:10 p.m.
    Very well.
    Is anybody proposing any amendment to the text? If not, then I would put the Question.
    Mr Iddrisu 12:10 p.m.
    Mr Speaker, I beg to propose that clause 26(5) should read: “The Corporation shall on the recommendations of the Board apply for a patent …”
    Mr First Deputy Speaker 12:10 p.m.
    You are changing the rendition to “The Corporation shall on the recommendations of the Board …”
    All right.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:10 p.m.
    Hon Member for Asante-Akyem Central, do you have another proposed amendment?
    Mr Anyimadu-Antwi 12:10 p.m.
    Mr Speaker, I do not have another amendment. I would liaise with my Hon Leader and come back at an appropriate time.
    Clause 26 as amended ordered to stand part of the Bill.
    Clause 27 -- Collaboration with public institutions and compliance with other laws.
    Mr Gyamfi 12:10 p.m.
    Mr Speaker, I beg to move, clause 27, head note, delete “public institutions and compliance with relevant laws” and insert “relevant public institutions”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:10 p.m.
    Hon Chairman, item numbered (iv) is one of the consequential amendments.
    Mr Iddrisu 12:10 p.m.
    Mr Speaker, if I could seek your leave, to make clause 27 more elegant and neater, we cannot mix “collaboration
    with relevant public institution” with “compliance with relevant laws”. They must stand alone.
    Mr First Deputy Speaker 12:20 p.m.
    I believe that has been deleted. So, the new one is just “relevant public institutions”.
    All right. The proposed amendment in item 46 (iv) is consequential. The next one 46 (v) -- Hon Chairman of the Committee?
    Mr Gyamfi 12:20 p.m.
    I beg to move, clause 27 subclause (1), line 3, delete “bauxite and”.
    Mr First Deputy Speaker 12:20 p.m.
    Before that, subclause (1), line 3, delete “bauxite and”.
    Mr Gyamfi 12:20 p.m.
    It is also consequential.
    Mr First Deputy Speaker 12:20 p.m.
    I do not know about that consequential amendment.
    Very well. I am advised that that is a consequential amendment. So, we would go to item numbered 46 (vi).
    Mr Gyamfi 12:20 p.m.
    Mr Speaker, I beg to move clause 27, subclause (2), delete.
    Mr Speaker, we are seeking to delete subclause (2) of clause 27.
    Mr First Deputy Speaker 12:20 p.m.
    Subclause (2) of clause 27 is to be deleted completely.
    Question put and amendment agreed to.
    Clause 27 as variously amended ordered to stand part of the Bill.
    Clause 28 -- Offences
    Mr Gyamfi 12:20 p.m.
    Mr Speaker, I beg to move, clause 28 delete.
    Mr Speaker, we are seeking to delete the entire clause because it is not relevant with the legal entity we are creating. The offences are not relevant to this.
    Mr First Deputy Speaker 12:20 p.m.
    Very well. Hon Members, the proposal is to delete the entire clause 28 because the Hon Chairman says it is not relevant to the corporation.
    Question put and amendment agreed to.
    Clause 29 -- Regulations
    Mr Gyamfi 12:20 p.m.
    Mr Speaker, I beg to move, clause 29 line 1, delete “on the advice of the Board”
    So, it would now read:
    “The Minister may, by Legislative Instrument make Regulations.”
    Question put and amendment agreed to.
    Mr Gyamfi 12:20 p.m.
    Mr Speaker, I beg to move, clause 29, paragraph (b), delete.
    Mr First Deputy Speaker 12:20 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 29, as variously amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:20 p.m.
    Yes, Hon Majority Leader?
    rose
    Mr First Deputy Speaker 12:20 p.m.
    Hon Majority Leader, you stood up and I recognised you. Should I proceed with my vote?
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Yes, Mr Speaker, please proceed with the votes.
    I was looking at clause 29, subclause (a). Really, I did not see the role of the Corporation in ensuring that bauxite in its natural stage shall not be exported.
    I see that it relates to Regulations to be made by the Hon Minister except that we are not dealing with the raw mineral, where indeed that one has no place.
    It is a Regulation to be made by the Hon Minister but any way it really does not have any bearing on the activities of the Corporation. But if the Hon Chairman wants to leave it there, he still could leave it there.
    Mr First Deputy Speaker 12:20 p.m.
    I did not hear anything. I was straining to hear and understand the argument you are making.
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, I said I stood up to have us reconsider clause 29, subclause (a) when initially, I thought that clause 29, subclause (a) was related to the Corporation, but I have seen that it relates to the Instrument that the Minister may submit.
    Notwithstanding, I still think that subclause (a) really has no place in this Bill because the Corporation would not deal with the raw bauxite.
    However, if he wants to leave it there, it could be there but I thought that we are aware of the exportation of bauxite as a mineral resource. I have no fixation on that but if he wants to leave it, we could leave it.
    Mr First Deputy Speaker 12:20 p.m.
    Hon Members, there is too much noise in the Chamber.
    Clause 29 as variously amended ordered to stand part of the Bill.
    Clause 30 -- Interpretation
    Mr Gyamfi 12:20 p.m.
    Mr Speaker, I beg to move, clause 30 interpretation of “affected communities”, delete.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:20 p.m.
    Hon Minority Leader, the next proposed amendment is in your name.
    Mr Haruna Iddrisu 12:20 p.m.
    Mr Speaker, I beg to move, clause 30, interpretation of “Authority”, delete and insert the following: “Corporation” means the corporation established under section 1;”
    Hon Members, the amendment is to define “Corporation”, having substituted “Corporation” for “Authority”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:20 p.m.
    The next amendment is in the name of the Hon Chairman.
    Mr Gyamfi 12:30 p.m.
    Mr Speaker, I beg to move, clause 30, interpretation of “bauxite resources”, delete.
    Question and amendment agreed to.
    Mr First Deputy Speaker 12:30 p.m.
    The next amendment is consequential. We have deleted “Authority” and we already have “Corporation”.
    Item (xiv), Hon Chairman?
    Mr Gyamfi 12:30 p.m.
    Mr Speaker, I beg to move, clause 30, interpretation of “integrated bauxite and aluminium industry”, delete and insert the following: “integrated aluminium industry” means the availability of a bauxite refinery and an aluminium smelter constituting a complex aluminium value chain;”
    Mr First Deputy Speaker 12:30 p.m.
    All Committee Chairpersons and others who have consultations should do them outside the Chamber.
    Alhaji I. A. B. Fuseini 12:30 p.m.
    Hon Members, I propose a further amendment to the advertised amendment, by the deletion of “availability of a” in the second line, and in the third line, deleting “consisting a complex” and inserting “including all the processes in the”.
    This would read:
    “Integrated aluminium industry means the bauxite refinery and an aluminium smelter, including all the processes in the aluminium value chain”.
    Mr First Deputy Speaker 12:30 p.m.
    Hon Members, is that acceptable? The Hon Chairman is nodding his head. Please speak into the microphone, so that it would go on record.
    Mr Gyamfi 12:30 p.m.
    Mr Speaker, rightly so. We support the proposed amendment.
    Mr Kyei-Mensah-Bonsu 12:30 p.m.
    Mr Speaker, just to delete one word, “all”, in “including all the processes…”
    Mr First Deputy Speaker 12:30 p.m.
    Hon Majority Leader, read the rendition for the record.
    Mr Kyei-Mensah-Bonsu 12:30 p.m.
    Mr Speaker, the new rendition would read:
    “the integrated aluminium industry means the bauxite refinery and aluminium smelter, including the processes in the aluminium value chain”.
    Question put and amendment agreed to.
    Mr Gyamfi 12:30 p.m.
    Mr Speaker, I beg to move, clause 30, interpretation of “mineral right holder”, delete.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:30 p.m.
    Item numbered (xvi) has been deleted. Hon Chairman, item (xvii)?
    Mr Gyamfi 12:30 p.m.
    Mr Speaker, I beg to move, clause 30, interpretation of “strategic investor”, delete.
    Question put and amendment agreed to.
    Clause 30 as variously amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:30 p.m.
    The amendment to the Short Title is consequential.
    The Long Title.
    The Long Title ordered to stand part of the Bill.
    Mr First Deputy Speaker 12:30 p.m.
    The amendments proposed there are consequential to the orders earlier made.
    That brings us to the end of the Consideration of the Ghana Integrated Bauxite and Aluminium Authority Bill,
    2018.

    .Mr Kyei-Mensah-Bonsu: Mr Speaker, as I indicated, I believe we can spend some 15 minutes on these Questions that the Hon Minister for Energy has to answer.
    Mr First Deputy Speaker 12:30 p.m.
    Hon Members, Order!
    Hon Minority Leader?
    Mr First Deputy Speaker 12:30 p.m.
    Hon Minority Leader, are you not going to say anything?
    Mr Iddrisu 12:40 p.m.
    Mr Speaker, with all respect to the Hon Majority Leader and Leader of Government Business, the Hon Members who have to ask the Minister for Energy those Questions, as you have noted, they are constituency specific Questions, and the constituencies are demarcated more importantly with the names of communities and villages.
    Mr Speaker, the Hon Majority Leader knows that some of these Questions measure and affect the standing of Hon Members of Parliament (MPs), if they want to be received at home well. Mr Speaker, sometimes, even when you get the pronunciation wrong, you are quizzed.
    So, Hon Majority Leader, abandon this mission and allow the Hon Member to ask

    But to save time, how I wish I knew the electoral areas in the Suame Constituency. So Hon Majority Leader, please abandon it.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, respectfully, our Standing Orders provide for you to be responsible for the observance of order in this House. Anything that may lead to chaos -- [Laughter] -- Mr Speaker, for the avoidance of doubt, I would read Standing Order 98. [Interruption.]
    Mr First Deputy Speaker 12:40 p.m.
    Order! I can not understand the excitement coming from the Majority Side. What is the cause of this huge excitement? The Hon Leader is on the Floor; please let us listen to him.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, as you rightly observed, there is huge excitement that may lead to chaos. [Laughter.]
    Mr Speaker, Standing Order 98 provides 12:40 p.m.
    “Mr Speaker shall be responsible for the observance of order in the House and of the rules of debate, and his decision upon any point of order shall not be open to appeal and shall not be reviewed by the House, except upon a substantive motion made after notice.”
    Mr Speaker, I will not further elucidate on this Standing Order. Whatever your preference is, I will leave it to you.
    Mr First Deputy Speaker 12:40 p.m.
    I am being invited to ensure that there is order. That is my responsibility anyway.
    I am sure colleague lawyers are familiar with the case Wankyiwaa v. Wereduwaa

    1GLR 332-337. My Hon Colleague lawyers know it occasioned a situation where some lawyers complained that certain words which were complained of were difficult to pronounce in the court room.

    Mr Justice Apaloo, then presiding before he became the Chief Justice, said that no court is contaminated by profanity because it is pronounced by --

    Hon Majority Leader, the Question refers to communities.
    Some Hon Members 12:40 p.m.
    Yes. [Hear! Hear!]
    Mr First Deputy Speaker 12:40 p.m.
    It is important that those communities are identified by name and they know that their Hon MP represents them. [Hear! Hear!]
    One of the charges in my recent tours of my communities was, “Hon Member, when you go on radio, you do not mention our community by name”. Today, the Hon MP has the opportunity to mention their communities on the Floor of the House. [Hear! Hear!] I believe we should not --
    Hon Minister for Energy, please take your seat.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, we are in your hands.
    Mr First Deputy Speaker 12:40 p.m.
    Question starred 444, standing in the name of the Hon Member for Mfantseman, Hon Ekow Hayford.
    ORAL ANSWERS TO QUESTIONS 12:40 p.m.

    MINISTRY OF ENERGY 12:40 p.m.

    Minister for Energy (Mr Boakye Agyarko) 12:40 p.m.
    Mr Speaker, Anomabo, Mankesim, Taabosom and Hini communities do not form part of any of the Ministry's on-going electrification projects being implemented under the National Electrification Scheme (NES).
    Our checks with Electricity Company of Ghana (ECG) indicate that all the above mentioned communities are already connected to the national electricity grid and that the community named “Nameb” should rather be Anomabo.
    Further checks with the Hon Member of Parliament for Mfantseman revealed that the request was meant for expansion or intensification works.
    We note that the NES focuses on extending electricity to virgin communities. Expansion or Intensification works are carried out by the electricity utilities as part of their network expansion projects.
    The Ministry therefore wishes to advise the Hon MP to channel the request to ECG for consideration.
    Mr First Deputy Speaker 12:40 p.m.
    Hon Member, any follow up questions?
    Mr Hayford 12:40 p.m.
    Mr Speaker, I am satisfied with the Answer.
    Mr First Deputy Speaker 12:40 p.m.
    Question starred 457 in the name of Mr John Frimpong Osei, Hon Member for Abirem. [Hear! Hear!]
    Provision of Off-Grid Electricity to Kyiri Ahantan, Twenwinso et cetera
    Communities
    Q.457. Mr John Frimpong Osei asked the Minister for Energy whether the Ministry has plans to provide off-grid electricity to the following communities in the Abirem Constituency, which are difficult to be connected to the national grid: (i) Kyiri Ahantan (ii) Twenwinso (iii) Etwe Nim Nyansa (iv) Kote Ye Aboa (v) Hwoa Ye Mmobo (vi) Akyekyeresu (vii) Tetteh Brofo (viii) Asarekrom (ix) Alhajikrom (x) Yaw Broni.
    Mr Agyarko 12:50 p.m.
    Mr Speaker, the presence in the Public Gallery yonder of the Traditional rulers representing these communities signal the import of the Question and I take cognisance of that.
    Mr First Deputy Speaker 12:50 p.m.
    Hon Minister, proceed, the communities were named by the person— [Uproar.]
    Mr Agyarko 12:50 p.m.
    Mr Speaker, I now understand why the Hon Member from Abirem belongs to a happy lot for coming from a Constituency with such names, you could only be happy. [Laughter.]
    The House is agog this morning and I was expecting a full House. But, Mr Speaker, the tedium of the House requires that we get some comic relief now and then. So, Mr Speaker, I would proceed.
    Mr Speaker, the objective of the National Electrification Scheme (NES) towards the achievement of the universal access is to provide electricity to all communities either through the grid extension or off-grid/mini-grid solutions to remote or island communities.
    Mr Speaker, for the communities in the Abirem Constituency namely; (i) Kyiri Ahantan, (ii)Twenwinso, (iii) Etwe Nim Nyansa (iv) Kote Ye Aboa (v) Hwoa Ye Mmobo, and indeed, that is so. [Laughter.] Mr Speaker, the gentlemen here know I speak the truth because they understand the role of a gatekeeper.
    Mr Speaker, (vi) Akyekyeresu (vii) Tetteh Brofo (viii) Asarekrom (ix) Alhajikrom and (x) Yaw Broni which are difficult to be connected to the national grid, the Ministry will explore the possibility of connecting them through off-grid or mini-grid solutions.
    The Ministry has therefore noted the request and will conduct engineering survey to determine the best means of providing electricity to these communities in line with the electrification programme.
    But, Mr Speaker, as an aside, I am wondering whether indeed, the communities with such names ought to be given electricity. I suspect that providing them with electricity may interfere with the nocturnal activities as suggested by their names.
    Mr Speaker, I am grateful.
    Mr First Deputy Speaker 12:50 p.m.
    Order!
    Hon Member, do you have any follow up questions?
    Mr Frimpong Osei 12:50 p.m.
    Mr Speaker, I am very grateful for the presence of the Hon Minister to answer the Question. Mr Speaker, permit me to introduce my chiefs. [Uproar.]
    Mr Speaker, I am very grateful.
    Mr First Deputy Speaker 12:50 p.m.
    No follow up questions. Very well, this is a constituency-specific Question and it is just that the names remind me of a particular song in Vandal City— we could practice that when we rise.
    Hon Minister, thank you for attending upon the House.
    rose
    Mr First Deputy Speaker 12:50 p.m.
    Hon Dr Apaak sorry. Do you have a substantive Question?
    Dr Apaak 12:50 p.m.
    Yes, Mr Speaker, for the Hon Minister for the Interior.
    Mr First Deputy Speaker 12:50 p.m.
    Yes. Is the Hon Minister for the Interior in the House? [Pause.]
    Hon Member, we have a letter from the Hon Minister requesting to be excused— he had been on a tour with the President to the three Northern Regions so he has not been able to arrive early enough to be in the House today. So your Question would be reprogrammed by the Business Committee.
    Hon Members, the next Question is for the Hon Minister for Health. Is the Hon Minister for Health in the House? [Pause.] Hon Majority Leader, there is one more Question outstanding.
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, we have a couple of Statements, but we would deal with other Statements when
    we resume. In the meantime, we could take the tribute in memory of our departed former Vice President to be read by the Hon Minority Leader.
    Mr First Deputy Speaker 12:50 p.m.
    Hon Members, Statements. There is a tribute to the late Paa Kwesi Bekoe Amissah- Arthur, a former Vice President. It would be read by the Hon Minority Leader, Mr Haruna Iddrisu.
    Hon Members, let us have some order.
    STATEMENTS 1 a.m.

    Minority Leader (Mr Haruna Iddrisu) 1 a.m.
    “The beauty of Israel is slain upon your high places! How are the mighty fallen! Tell it not in Gath, Proclaim it not in the streets of Ashkelon — How are the mighty fallen in the midst of the battle! O Jonathan, thou wast slain in thine high places. How are the mighty fallen, and the weapons of war perished!”
    2 Samuel 1:19, 20a, 25, 27
    Mr Speaker, the late Paa Kwesi Bekoe Amissah-Arthur or P.K. as he was affectionately called -- the sixth Vice President of the Republic of Ghana ---- has departed this earth and being called up to the Church Triumphantly. With his death, his family, the NDC, and the nation have lost a prominent proponent of dis- tinguished public service. He was an exemplary public servant.
    Mr First Deputy Speaker 1 a.m.
    I have been advised, so Sitting is accordingly suspended and would resume at two o'clock.
    1.08 p. m. -- Sitting suspended.
    2.36 p.m. -- Sitting resumed.
    Mr First Deputy Speaker 1 a.m.
    Hon Minority Leader, you may continue from where they stopped you -- you did not stop.
    Mr Haruna Iddrisu 1 a.m.
    Mr Speaker, I was paying tribute to the late Paa Kwesi Amissah-Arthur who was the former Vice President of the Republic of Ghana and former Governor of the Bank of Ghana.
    Following the demise of President John Evans Atta Mills on July 24, 2012, and the accenssion of the then Vice President John Dramani Mahama to the presidency, Paa Kwesi Bekoe Amissah-Arthur was vetted by Parliament, and on August 6, 2012, sworn in as the Vice-President of the Republic of Ghana.
    When former President Mahama was endorsed by the Party as its candidate for the 2012 General Elections, he saw in Paa Kwesi Amissah-Arthur a true winning partner. He thus chose him as his running- mate.
    Mr First Deputy Speaker 1 a.m.
    Yes, Hon Member for Keta?
    Mr Richard Mawuli Quashigah (NDC -- Keta) 1 a.m.
    Mr Speaker, I rise to associate myself with the Statement which was made by the Hon Minority Leader.
    Mr Speaker, the late Vice President was a man who could be described as humble and dedicated to the course of building this nation.
    Mr Speaker, in his own words, he indicated on 4th June when the June 4th lecture was held he stated that he started off as an economist, but was dragged into politics.
    Mr Speaker, to quote his own words, he said; ‘‘I do not know if I am there or I am going home, but to borrow the words of former President Rawlings, it is not over, it is not over''. ‘‘It is not over'' meant it was not over with him in politics. What was profound that I struggled to understand at the time was when he said ‘‘I do not know if I am going home''. I asked myself at the time, ‘‘going home to where''?
    Mr Speaker, now I understand those unconscious words that the late former Vice -President made. I would imagine that in his own mind, he was determined and found himself very fit to continue with the political life that had characterised his existence for a period and he was determined to play a role that would galvanise the fortunes of this nation and bring to the frontier the development of the people that he held dear.
    Today, that remains history. That which he would have yearned to contribute a lot further cannot be achieved and realised.
    Mr First Deputy Speaker 2:46 p.m.
    Hon Member for Okaikwei Central?
    Mr Patrick Yaw Boamah (NPP -- Okaikwei Central) 2:46 p.m.
    Mr Speaker, it is with a heavy heart that I pay this tribute to our former late Vice President, His Excellency Paa Kwesi Amissah-Arthur.
    Mr Speaker, we both attend the Calvary Methodist Church at Adabraka. The first service always starts at 7.00 a.m. and there was not a single Sunday that this gentleman was in town and would not attend service.
    The Methodist Church used the gentleman for so many activities: speaking to the youth; the lay conference, the bishops' conference and other activities that the church undertook.
    Mr Speaker, his contribution to the Sunday born harvest, which I remember, was enormous. We attend the same church with the sitting Attorney-General and Minister for Justice and it was a big competition.
    She always supported the Friday born, I supported the Thursday born and H. E. Amissah-Arthur the Sunday born. It was a competition that we all participated in and supported the church with. The church, I believe, would miss him so much for his contribution.
    Mr Speaker, he played his role as a politician, a Vice President, and a Deputy Minister who served in various capacities in this country. One may not like some of his policies, nor his party; but he did well for this country and we must commend him.
    In sports, once again, I am a Kumasi Asante Kotoko fan, the former Vice President was a keen supporter of Accra Hearts of Oak; a big shareholder as such. I believe the Phobia fraternity would also miss him as a key shareholder and an investor in sports.
    The University of Ghana community and the academia, I am sure, would also miss the late former Vice President for his contribution as a lecturer, researcher and somebody who did a lot of research in the area of economics.
    Mr Speaker, I believe Ghana has lost an illustrious son; the National Democratic Congress has lost a true gentleman. Everybody related to him well; we never saw him conduct his politics in the kind of way that some people did theirs.
    He stood his ground and he said what was on his heart in a gentle way. He contributed his quota. May his soul rest in peace.
    Several Hon Members — rose --
    Mr First Deputy Speaker 2:46 p.m.
    Let me give the opportunity to the most senior -- Hon Member for Wa Central?
    Alhaji (Dr) Abdul-Rashid Hassan Pelpuo (NDC -- Wa Central) 2:46 p.m.
    Mr Speaker, today is one of the days we cannot forget in Ghana. In fact, the week and the other week following the death of the former Vice President, H. E. Amissah-Arthur was a black week for Ghana.
    Mr Speaker, but his death and his memory are events that would stay with us for a very long time. He was a man committed to the service of Ghana, who lived and died serving Ghana.
    He was a man we all stood up for because of the quality of life he lived, the kind of politics he played and the relationships he developed, the extended social scope he established and how he carried himself in totality.
    Mr Speaker, I first met this man when he was nominated as Vice President of the Republic of Ghana by the President after the death of Professor Atta-Mills.
    I went along with my Hon Majority Leader, Hon Cletus Avoka, to see him. The intention was to discuss with him the possibility of having to take him through the vetting process either in camera or in public.
    He said he would like to talk to the people of Ghana, and that doing it in public would do him good. He said he
    believed that would serve the people of Ghana in a much broader sense than having to limit him within the scope of only Members of Parliament.
    That impressed me about the quality of his thought, his readiness to extend himself to the rest of the country, and his readiness to meet the people, face them and answer allegations levelled against him at the time.
    Mr Speaker, my second encounter with him was when he was made the Chairman of the Economic Management Team. I served in the team as well, and I noticed how committed he was to serving the people.
    He particularly was interested in avoiding any economic measure that he believed was going to bring unnecessary hardship to the people of Ghana and he did not hide it at all.
    He was very forthright and determined to make sure that we embarked on economic policies that were to cushion up the people, and that would have direct consequence on the future life for the young people and to Ghanaians in general. That impressed me a lot and I got to understand the man.
    I called him a politician twice, and twice he told me he was not a politician. On one of the occasions, I travelled with him to India for an economic forum.
    According to the tradition of interacting with all the dignitaries and protocols, there was a certain manner of composure in him which I noticed and said, ‘you are truly representing Ghana and you have demonstrated a high level of commitment and you are a kind of politician that I believe would be admired'.
    Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 2:56 p.m.
    Mr Speaker, I thank you very much for the opportunity to associate myself with the glowing tribute paid in memory of our departed former Vice President, Paa Kwesi Amissah-Arthur.
    Mr Speaker, I first met Mr Amissah- Arthur way back in the year 1983 at the then Ghana National Cultural Centre in Kumasi when Dr Kwesi Botchwey had crafted the first Economic Recovery Programme for Ghana.
    The Provisional National Defence Council (PNDC) was determined to go on a road show to advertise the goodness in the Structural Adjustment Programme they had introduced at the time. The PNDC, we all thought, represented a collection of socialists who had an abhorrence for any association with the Bretton Woods Institutions.
    Yet, given the circumstances of the times, it became necessary to have the first Economic Recovery Programme introduced in Ghana. With that came a huge devaluation of the cedi, and Dr Botchwey was determined to go round the country to let people know the goodness in the programme that they were about to roll out.
    A young man was in town; upon enquiry, I was told he was called Paa Kwesi Amissah-Arthur. One could see a very focused person; he was reserved by nature, stayed behind to take down notes of what people said and, I guess, put together a report from what transpired in Kumasi.
    Before the PNDC came to Kumasi, they had gone to Koforidua, and they had wanted to go to all the regional capitals. Kumasi marked an end to that project because people met them and resolved that they would not countenance the devaluation of the cedi.
    So, along the line, people pelted stones at the presenters and they had to be whisked away. That halted the nationwide programme they wanted to unveil. As I said, that was the first encounter I had with Paa Kwesi Amissah-Arthur, even though we did not have any conversation.
    I would set the record straight; the Hon Minority Leader said he was the sixth Vice President. I think it was inadvertent; he was the fifth Vice President under the Fourth Republic after Mr Ekow N. Akaa, Professor Evans Atta-Mills, Alhaji Aliu Mahama, Mr John Mahama and Paa Kwesi Amissah-Arthur. So, he was the fifth; we have the sixth Vice President today in the person of Dr Mahamudu Bawumia, who is still living.
    The Parliament of Ghana, indeed, received with utter shock the news of the rather unheralded transition of Paa Kwesi Amissah-Arthur into eternity. It was too sudden and rather unnerving, especially considering the fact as we hear that he drove himself to a fitness centre and was actually engaged in an act of physical exercise when that event that led to his extinction occurred.
    We were all ruffled to the marrow and dazed into disbelief, as we were all caught unprepared, since we had in Parliament just had a book launch where regular exercises had come highly recommended as one of the ways to stay healthy and generally live long.
    Undoubtedly, Ghana has lost an illustrious son. He was a man who served his country with diligence and humility.
    Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 2:56 p.m.


    He served his nation and community well and, without any shred of doubt, with honour.

    During the period that he served under Dr Botchwey, he worked very closely with the Finance Committee and other allied Committees in Parliament and, of course, with the entire Legislature.

    We were informed about his meticulousness and attention to details. Unfortunately for some of us, when we entered Parliament in the year 1997, Dr Botchwey was no longer the Hon Minister for Finance. So, we missed the company of Paa Kwesi Amissah-Arthur.

    He was then to be elevated to the Governor of the Bank of Ghana. Before then, he also worked with the Centre for Economic Policy Analysis (CEPA) under the chairmanship of Dr Joe Abbey. He distinguished himself very well.

    As I said, therefore, it came as no surprise when he was elevated to the position of the Governor of the Bank of Ghana, where he performed to his utmost abilities with all humility and diligence, and with his usual quiet firmness.

    Many are those who talk about the work ethics of the former Governor. His ability to listen and take advice from junior colleagues endeared him to many of his staff.

    Upon the passing on of Prof Evans Atta-Mills, the former President, Paa Kwesi Amissah-Arthur earned his nomination as Vice President by His Excellency John Dramani Mahama. The former Vice President was subjected to a vetting session by the Appointments Committee of Parliament in consonance with the 1992 Constitution.

    As was his usual nature, the then nominee was gracious and answered all the questions, thus, satisfying the entire Committee and leading to the unanimous approval of his nomination by the Committee and its recommendation to the Plenary for his appointment as the Vice President of the Republic.

    Mr Speaker, that exercise itself was a complete novelty of monumental significance. The entire House, having taken particular notice of his calm disposition and very accommodating temperament, was equally unanimous in approving the Committee's Report of his nomination for the appointment as Vice President.

    The late former Vice President had a ready smile for almost everybody. The personal jokes and anecdotes which he readily shared whenever he came into contact with Leadership, Hon Members and even staff of Parliament --

    Mr Speaker, Mr Paa Kwesi Amissah- Arthur, as I came to know him, did not like controversy and hardly found himself in any controversial situation.

    No wonder, the manner of attributes and tributes that poured in at the news of his demise dwelt on the fact that he lived above reproach and was well respected by most people who came into contact with him both on personal and at professional levels.

    As a man of staunch faith, we believe his life and passing on to glory should remind us of the words in the song:

    “When we walk with the Lord. In the light of His Word, What a glory He sheds on our way; While we do His goodwill, He abides with us still, And with all who will trust and obey”.
    Mr First Deputy Speaker 3:06 p.m.
    Hon Members, may I ask that we observe a minute's silence in honour of our late Vice President?
    Mr First Deputy Speaker 3:06 p.m.
    May the soul of Hon Paa Kwesi Amissah-Arthur, and the souls of all faithfully departed, rest in perfect peace. Amen.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 3:06 p.m.
    Mr Speaker, at this stage, I will call for a second suspension of Sitting to enable us exit and pay homage to the Late Hon J. H. Mensah at his residence to commiserate with the family in the observance of the one week rites of his demise.
    We intend to be there for some 30 minutes and then come to the Conference Center to file past the body of our former Vice President.
    There are three buses here waiting. We would be joined by the Rt Hon Speaker, who will lead us to the late Hon J. H. Mensah's place. Straight from there, we would come to the Conference Centre and then altogether in two or three buses.
    Mr Speaker, I may want to call for suspension of Sitting at this time.
    Mr First Deputy Speaker 3:06 p.m.
    Very well. Hon Members, Sitting is suspended until we return from the two funerals.
    3.11 p.m. -- Sitting Suspended.
    6.06 p.m. -- Sitting resumed.
    Mr Osei Kyei-Mensah-Bonsu 3:06 p.m.
    Mr Speaker, we could take item numbered 5 (a) (iii).
    Mr First Deputy Speaker 3:06 p.m.
    Hon Members, item numbered 5 (a) (iii) by the Hon Chairman of the Committee on Finance.
    PAPERS 3:06 p.m.

    Mr First Deputy Speaker 3:06 p.m.
    Hon Leader, are item numbered 5 (b), (c) or others ready?
    Mr Kyei-Mensah-Bonsu 3:06 p.m.
    Mr Speaker, item numbered 5 (d) is ready.
    Mr First Deputy Speaker 3:06 p.m.
    Hon Members, item numbered 5 (d) by the Hon Chairman of the Committee on Roads and Transport.
    By the Chairman of the Committee --
    Report of the Committee on Roads and Transport on the Commercial Contract Agreement between the Government of the Republic of Ghana acting through the Ministry of Roads and Highways and Munck Civil Engineers A/S, Denmark for the Construction of Bridges in Northern Ghana.
    Mr Kyei-Mensah-Bonsu 3:06 p.m.
    Mr Speaker, I thought that the Committee on Health was almost ready with item numbered 5 (b), but I do not see the Hon Chairman here.
    Mr First Deputy Speaker 3:06 p.m.
    Hon Member for Wa West, item numbered 5 (b) is the Report by the Committee on Health.
    We would take item numbered 5 (b) (i) by the Hon Ranking Member.
    By the Ranking Member of the Committee (Mr Joseph Yieleh Chireh) (on behalf of the Hon Chairman of the Committee) --
    (i) Report of the Committee on Health on the EPC/Turnkey Contract Agreement between the Government of the Republic of Ghana (Ministry of Health) and Contracta Costruzioni Italia S.r.l. for the Construction, Retooling, and Equipping of Selected 4 Health Facilities (Tetteh Quarshie Memorial Hospital, Kibi District Hospital, Aburi Hospital and the Atibie Hospital) in Ghana.
    (ii) Report of the Committee on Health on the Contract Agreement between the Government of the Republic of Ghana (Ministry of Health) and Ellipse Projects SAS France (UK) Limited for an amount of twenty- two million, three hundred and thirty thousand, five hundred and fifty euros (€22,330,550.00) for the Completion and Equipping of the Bekwai District Hospital.
    Mr Kyei-Mensah-Bonsu 3:06 p.m.
    Mr Speaker, could we take the Second Reading of Bills excluding the Luxury Vehicle Levy Bill,
    2018?
    Mr First Deputy Speaker 3:06 p.m.
    Hon Majority Leader, please guide me. I cannot find those items.
    Mr Kyei-Mensah-Bonsu 3:06 p.m.
    Mr Speaker, item numbered 41 on page 26.
    Mr First Deputy Speaker 3:06 p.m.
    Hon Members, item numbered 41 -- Ghana Education Trust Fund (Amendment) Bill, 2018 -- by the Hon Minister for Education.
    Mr Kyei-Mensah-Bonsu 3:06 p.m.
    Mr Speaker, as we said in the morning, this one is coming under the aegis of the Hon Minister responsible for Finance. The Hon Deputy Minister for Finance is here and would lead us.
    Mr First Deputy Speaker 3:06 p.m.
    Very well.
    Hon Deputy Minister for Finance?
    BILLS -- SECOND READING 3:06 p.m.

    Chairman of the Committee (Dr Mark Assibey-Yeboah) 6:16 p.m.
    Mr Speaker, I beg to second the Motion and in so doing, present your Committee's Report.
    Introduction
    The Ghana Education Trust Fund (Amendment) Bill, 2018, was presented to Parliament and read the first time on Friday 20th July, 2018. The Bill was subsequently referred to the Finance Committee for consideration and report in accordance with the 1992 Constitution and Order 169 of the Standing Orders of the House.
    A Deputy Minister for Finance, Hon Kwaku A. Kwarteng, and officials from the Ministry of Finance and the Ghana Revenue Authority (GRA) attended upon and assisted the Committee in its deliberations on the Bill.
    The Committee is grateful to the Hon Deputy Minister and the officials from the Ministry of Finance and the GRA for attending upon the Committee.
    References
    The Committee referred to the following documents inter alia during its deliberations on the Bill:
    a. The Constitution of the Republic of Ghana, 1992;
    b. The Standing Orders of the Parliament of Ghana;
    c. The Ghana Education Trust Fund Act, 2000 (Act 581);
    d. Interpretation Act, 2009 (Act
    792);
    e. Ghana Revenue Authority Act, 2009 (Act 791).
    Mr Cassiel A. B. Forson (NDC -- Ajumako/Enyan/Essiam) 6:16 p.m.
    Mr Speaker, I beg to support the Motion.
    In doing so, let me say that we were informed that this measure would bring in additional revenue of GH¢285 million. Again, we were told that this VAT that they are trying to convert to a straight line would only restrict the deductibility of input tax only, but you would notice in the Memorandum and the Bill that were submitted to us that the Act still draws its strength from Act 870 which is the Value Added Tax Act.
    Mr Speaker, it is still the Value Added Tax. The only thing the Government seeks to do is to restrict the deductibility of input tax which more or less will increase the price of goods and services.
    Mr Speaker, I say this because, there is a tax burden of GH¢285 million that would actually accrue to the Government.
    I have two concerns. My first concern is that, if for any reason Government is complaining that the GETFund needs additional revenue, I am of the view that an amount of GH¢285 million which would accrue as a result of the change in the formula would benefit the GETFund.
    Mr Speaker, the Mid-Year Review document that was submitted to this House by the Hon Minister for Finance says contrary. Unfortunately, if you are to look at Appendix III of the Mid-Year Fiscal Review document which was submitted to us by the Hon Minister, only GH¢76 million is what the Minister budgeted for the purposes of the GETFund.
    Mr Kojo Oppong-Nkrumah (NPP -- Ofoase/Ayirebi) 6:16 p.m.
    Mr Speaker, thank you for the opportunity to contribute to the Second Reading of this Bill.
    Mr Speaker, my comments are quite brief to the effect that we as a House and indeed as a nation have agreed that education is a priority and requires funding and delivery to full effect.
    The original GETFund Act, 2000 (Act 851) spells it out clearly in terms of the objectives of the Fund which seek to make funding available to invest in educational institutions, particularly, tertiary institutions and second cycle institutions as well and to provide a number of items that are listed in the Bill.
    So, Mr Speaker, I do not think that we are in disagreement as a House or as a nation on the need to effectively fund education beyond what we have done. Indeed, in times past, we have always complained that GETFund is not getting
    as much resources as it should get. Sometimes, it is in arrears.
    Government believes that by setting the GETFund's 2.5 per cent apart and not making it subject to the input-output mechanism, we would be able to mobilise enough resources to adequately fund the GETFund without necessarily having to increase the rates therein.
    However, Mr Speaker, I would want to speak specifically to the comments made by my Hon Colleague, Hon Ato Forson that from his reading of the fiscal tables in the Mid-Year Review presented by the Hon Minister for Finance, it means about 70 per cent of the GH¢285 million that this adjustment would accrue will not go to the GETFund. It is important to state that, that is not correct.
    It is not correct because my good Friend raised it at the Committee level and the Hon Deputy Minister for Finance who was there informed the Committee that the estimate you see in the Mid-Year Review have not taken into cognisance the possible revenue measures that may or may not be approved.
    The Deputy Minister explained this at the Committee that the tables you see therein have not been done with an understanding of what may or may not be approved by this.
    So, it is incorrect for him now to come back to the Floor and create the impression that as a matter of fact, about 74 per cent of what would accrue if this measure is passed would not go to the GETFund. That is not correct.
    Mr Speaker, my final point has to do with the 3 per cent component that my Hon Colleague again speaks about. Even in the 3 per cent flat levy, there is a
    calculation of how much of it ought to go into VAT and National Health Insurance Levy (NHIL). That is even still there. So, the fact that today GETFund on the traditional 17.5 per cent is being set apart does not in any way mean that revenue would be lost to the state.
    I think it is important to clear that up because this is a House of record.
    Mr Speaker, I thank you very much for the opportunity.
    Mr James Klutse Avedzi 6:26 p.m.
    Mr Speaker, I beg to contribute to the Motion on the Floor.
    If you read the Report, especially on the object of the Bill, that is page 2 of the Report, paragraph 4.0, it says that the object of this Bill is to revise the VAT rates from 15 per cent to 12.5 per cent of the taxable value of goods, services and import.
    Mr Speaker, the Report went on to say on paragraph 6.2 that the estimated impact on VAT revenue as a result of the re- alignment of VAT is GH¢ 285 million for the period, August to December, 2018.
    The Report did not say whether this impact is a negative or a positive impact, because if you say you are reducing the VAT rate from 15 percent to 12.5 per cent, the impact must be a negative impact. The Report is silent.
    We do not know if this would result in an increase in value revenue or a decrease in value revenue. I believe the Hon Chairman of the Committee has to come clear on this matter. If we are reducing the VAT rate from 15 per cent to 12.5 per cent
    Dr Assibey-Yeboah 6:26 p.m.
    On a point of order. Mr Speaker, first, so we are clear in our minds that, we are considering the Ghana Education Trust Fund (Amendment) Bill, 2018 not the VAT.
    We have not reduced the VAT from 15 per cent to12.5per cent yet. We are considering the GETFund, where we are changing the mode of collection from an input-output method to a straight levy. That is what we are doing here.
    So, he should be clear in his mind; we have not gotten to the VAT yet.
    Mr Iddrisu 6:26 p.m.
    Mr Speaker, I am just noting a concern. While Hon Oppong- Nkrumah was on his feet, he made specific and direct reference to the Hon Ranking Member, Hon Ato Forson. He stood on his feet. For some reason, he could not catch your eye.
    I have seen that the Hon Chairman of the Committee was able to catch your eye when the Deputy Minority Leader was on his feet.
    Mr Speaker, I know that you want business to be done expeditiously. If Hon Members want us to debate, let us debate. If we want to heckle, let us do it, and be fair to all. Let everybody who rises, if he has a point of order, do so, but not that when this one rises, he is not recognised, but the Hon Chairman rises and he is recognised.
    I do not know where your eyes were, but it is just a concern I am raising.
    Mr First Deputy Speaker 6:26 p.m.
    Hon Member, I saw Hon Ato Forson. Hon Ato Forson had just spoken and raised issues. Hon Oppong-Nkrumah was responding to
    the issues. So, it was a reply to the issues he was raising, but then he wanted to rebut that, that was why I ignored him.
    Mr Avedzi 6:26 p.m.
    Mr Speaker, I have not said anything that is not contained in this Report. I quoted from the Report. I quoted paragraph 4.0, on the purpose of the Bill. The object of this Bill is to revise the VAT rate from 15 per cent to 12.5 per cent -- [Uproar.]
    Mr First Deputy Speaker 6:26 p.m.
    Hon Members, order! We are all tired. He is not the only one who is tired. We are all tired.
    Mr Avedzi 6:26 p.m.
    Mr Speaker, if a Committee brings a two-page Report to Parliament, this is the result, but let me make reference to the observations of the Committee.
    The Committee made an observation that the expected revenue from this transaction would yield an additional GH¢285 million.
    If the Hon Minister for Finance came to Parliament and said that there has not been any increase in VAT, and so he is only converting the 2.5 per cent VAT for GETFund, and converting it to a straight levy, how is the mechanism working if the rate is the same 2.5 percent, to result in an additional revenue of GH¢285 million?
    Mr Speaker, if we are not increasing the rate from 2.5 per cent to any figure above, and you are maintaining that one -- [Interruption] the Hon Minister stood here and said there is no increase in VAT.
    How come the GETFund is yielding additional revenue of GH¢285 million? This is something technical that we expected the Hon Minister to tell this House.
    It is technical for Ghanaians to know that even though the rate is not increasing, additional money would be paid by the consumer that would bring an additional GH¢ 285 million to Government.
    I do not know whether it is by magic of this Government that a rate is not increased but revenue of GH¢ 285 million would flow, where consumers would not pay additional revenue. Is it magic?
    That is something that is lacking, and it is good that we tell the people of this country that we are not increasing the rate.
    The rate is the same 2.5 per cent, but because we are changing the formula and there would no more be input-output mechanism, it is a straight levy, it would result in an additional burden, so that you pay more, and that would bring an additional GH¢ 285 million to Government.
    It is an additional burden to the consumer to pay more out of his pocket that is bringing an additional GH¢285 million to Government. It is as simple as that. Unless they would want to tell me here again that consumers would not pay additional revenue.
    Where that GH¢ 285 million would come from, he must tell me. It is the taxpayer who would pay that additional GH¢ 285 million.
    Please, let us be truthful to ourselves and tell our people that they would pay additional revenue. If we do not do that, Ghanaians who put us here would lose confidence in us.
    Let us tell them the truth that that GH¢285 million additional revenue would come from the consumers so that the people of Ghana would know that VAT has been increased through the backdoor.
    Thank you very much.
    Mr First Deputy Speaker 6:36 a.m.
    Majority Leadership?
    Mr Iddrisu 6:36 a.m.
    Mr Speaker, I had tried reaching out to the Hon Deputy Majority Leader and I said that there would be two contributors, Hon Ato Forson and the Hon Deputy Minority Leader, then I would conclude. So, I thought that you would give me two minutes but since they are all VAT related, I can wait for the next Motion.
    Mr First Deputy Speaker 6:36 a.m.
    The information I was given was that you had agreed that the Hon Member who moved the Motion in addition to two contri- butions and Leadership would contribute.
    Mr Iddrisu 6:36 a.m.
    Mr Speaker, fortunately, my witness is still alive. When Mr Djietror came, I even pointed that to him. Mr Speaker, at the time, Hon Fifi Kwetey wanted to contribute but I said no, we had already conveyed to you that it would be Hon Ato Forson and Hon Avedzi and then I would conclude. Like I said, there is a second Motion on VAT. I can wait for that.
    Mr First Deputy Speaker 6:36 a.m.
    So, what is the position? Should I put the Question?
    Mr Kyei-Mensah-Bonsu 6:36 a.m.
    Mr Speaker, you may put the Question, except to say that it is possible to reduce a tax rate, expand the net and have higher yields. [Interruption.] Mr Speaker, it is as simple
    Mr First Deputy Speaker 6:36 a.m.
    Item numbered 42 -- Second Reading of the National Health Insurance (Amendment) Bill, 2018, by the Minister for Finance.
    BILLS -- SECOND READING 6:36 a.m.

    An Hon Member 6:36 a.m.
    A levy on what?
    Mr Kwarteng 6:36 a.m.
    It is a levy on the transaction value.
    Mr Speaker, the reason this matter has come up is because there was an expectation that there would be a certain increase in VAT. That did not happen and people are looking for the opportunity to say we are doing VAT anyway. It is not VAT. If it were, it would be subject to the input-output computations associated with VAT implementation.
    Mr Speaker, this intervention would yield more money. We have not hidden that. But the objective there is to ensure that the National Health Insurance Fund (NHIF) has enough money to deliver on the objectives for which the Fund was set up. And so this is being done to realise more money.
    I urge the House to support it. Mr Speaker, we look to realise an estimated additional revenue of GH¢285 million for the period August to December 2018.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 6:36 a.m.
    Mr Speaker, I beg to
    support the Motion and also to present your Committee's Report.
    Introduction
    The National Health Insurance (Amendment) Bill, 2018, was presented to Parliament and read the first time on Friday 20th July, 2018. The Bill was subsequently referred to the Finance Committee for consideration and Report in accordance with the 1992 Constitution and Order 169 of the Standing Orders of the House.
    A Deputy Minister for Finance, Hon Kwaku Kwarteng, and officials from the Ministry of Finance and the Ghana Revenue Authority (GRA) attended upon and assisted the Committee in its deliberations on the Bill.
    The Committee is grateful to the Hon Deputy Minister and the officials from the Ministry of Finance and the GRA for attending upon the Committee.
    References
    The Committee referred to the following documents inter alia during its deliberations on the Bill:
    a. The Constitution of the Republic of Ghana, 1992;
    b. The Standing Orders of the Parliament of Ghana;
    c. National Health Insurance Act, 2012 (Act 852);
    d. Interpretation Act, 2009 (Act 792);
    e. Ghana Revenue Authority Act, 2009 (Act 791).
    Background
    The National Health Insurance Scheme exists to ensure that citizens obtain quality
    health care at all times. Studies have indicated that the current revenue sources do not guarantee the sustainability of the Health Insurance Fund given that enrolment on the scheme has increased over the years.
    Government therefore seeks to delink the National Health Insurance Levy from the Value Added Tax by removing the option of deductibility of input tax. This will continue to be two and half per cent (2.5%) of the value of goods and services and imports supplied.
    Urgency of the Bill
    In accordance with article 106(13) of the 1992 Constitution and Order 119 of the Standing Orders of the House, the Committee determined and hereby certifies that the Bill is of an urgent nature and may therefore be taken through all its stages of passage in one day.
    Purpose of the Bill
    The object of the Bill is to convert the National Health Insurance Levy unto a Levy which is not subject to the input- output method of computation for Value Added Tax.
    Contents of the Bill
    The Bill contains 4 clauses.
    Clause 1 of the Bill amends section 40 of the National Health Insurance Act, 2012 (Act 852). The clause revises the object of the fund to cover the payment of other medical care cost that may be determined by the Ministry responsible for Health in consultation with the Minister responsible for Finance.
    In the light of the foregoing amendment, clause 1 further amends section 40 of Act 852 to expand the definition of non-core activities.
    Mr Cassiel Ato Baah Forson (NDC -- Ajumako/Enyan/Essiam) 6:36 a.m.
    Mr Speaker, I beg to support the Motion.
    In doing so, let me say that if you look at section 3 of the Bill that was submitted to us by the Minister for Health, it says:
    “The principal enactment is amended by the substitution for
    section 51 of the collection of the levy.
    “Collection of the Levy
    (1) The Ghana Revenue Authority is responsible for the collection of the Levy.
    (2) The Revenue Administration Act, 2016 (Act 915) applies for the administration of the Levy;
    (3) The Value Added Tax Act, 2013 (Act 870) applies with the necessary modification to the collection of the Levy.”
    Mr Speaker, my question is, if this is not VAT, how come that the Value Added Tax Act, 2013 (Act 870) applies? This is a House of record. I agree that we are restricting the deductibility of input tax.
    Mr Speaker, Value Added Tax (VAT) goes beyond the deductibility of input tax.
    Mr Speaker, this very levy that we are trying to create is only drawing its strength from VAT but restricting the deductibility of input tax. I agree but, Mr Speaker, let us be truthful, let us as much as possible communicate what our intention is to the public so that the public could buy into it.
    Mr Speaker, if we look at the Explanatory Memorandum, it says that 6:36 a.m.
    “Government seeks to de-link the National Health Insurance Levy (NHIL) from VAT by removing the option of deductibility of input tax.
    This would enable the Government increase and expand the budget for healthcare. The levy would continue to be 2.5 per cent of the value of goods and services and import supplied”.
    Mr Speaker, the question here is that the Government has accepted that this is going to bring in additional revenue of GH¢285 million.
    The argument here is that if the burden on the ordinary Ghanaian is not going to increase, how come this one would result in additional revenue? Mr Speaker, somebody would certainly pay for it for us to get additional revenue of GH¢285 million.
    Mr Speaker, this is not a compliance measure; this is a tax measure therefore, somebody is going to pay for it.
    Mr Speaker, now to the question, earlier, my Hon Colleague, Hon Oppong- Nkrumah, made a point that the Ministry of Finance apparently said at the Committee's meeting that the GH¢285million for VAT, which is going to accrue to NHIL and Ghana Education Trust Fund (GETFund), is not in the Budget Statement. Mr Speaker, I beg to differ.
    Mr Speaker, if you look at Appendix 2, we have here GETFund and NHIL levies 6:36 a.m.
    GH¢570 milion. Mr Speaker, GH¢ 570 million divided by two would give us GH¢285million. This was catered for in the fiscal tables.
    Mr Speaker, again, if I may refer you to Appendix 3, you would notice that we have here the original 2018 Budget and the 2018 Revised Budget. The Revised Budget takes into consideration, indeed, the measures that this Parliament is going to approve.
    So, nobody could come and stand here and say to us that these measures are not part of the Mid-Year Review. Mr Speaker, then, that means that the Mid-Year Review cannot be accepted.
    Mr First Deputy Speaker 6:36 a.m.
    Yes, Hon Chairman of the Health Committee?
    Dr Kwabena Twum-Nuamah (NPP -- Berekum East) 6:36 a.m.
    Thank you, Mr Speaker for the opportunity to speak to the Motion on the Floor.
    Mr Speaker, the New Patriotic Party (NPP) Government promised Ghanaians that they were going to revive the comatose National Health Insurance. And the main challenge for the Scheme was inadequate funding. As a Government, we needed to think outside the box, to be innovative and not to sleep on the job.
    Mr Speaker, we have been told that this arrangement, though not being a new tax measure, is going to rope in extra funding of GH¢285 million over the next five months. If this is not innovation, then, what is it? If this is not thinking outside the box, then, what is it? Mr Speaker, this is a confirmation that this Government is indeed not sleeping on the job; it is up and doing.
    Mr Speaker, I am happy that the NHIS is going to get extra revenue from this measure and I believe that the whole House should support this innovative measure.
    Mr Speaker, we have already passed the Capping Act in this House and the Hon Minister for Finance is supposed to comply with this Act, which was passed by this Parliament.
    So I am surprised that my Hon Ranking Member of the Finance Committee wants the Hon Minister for Finance to allocate
    all the money so that he would now go against the law which was passed by this House.
    Mr Speaker, I expect him to be the last person to urge the Hon Minister for Finance to infringe on the law that all of us passed in this House. I believe we should rather urge the Hon Minister for Finance to allocate all the money that has been promised in the Mid-Year Review Budget which actually complies with the Capping Act --
    Mr Forson 6:36 a.m.
    On a point of Order. Mr Speaker, I just want to draw the attention of my Hon Colleague that the Capping Act was indeed passed by this honourable House. It comes with an annual formula. That formula could have been amended during the Mid-Year Review.
    So, the Hon Minister for Finance could have amended the formula and allow the money to go to the NHIS. So, failure to bring it—
    Mr First Deputy Speaker 6:36 a.m.
    Until it is amended, is the Hon Member wrong? So, he has not misrepresented the situation. The point of order is overruled.
    Please, proceed.
    Dr Twum-Nuamah 6:36 a.m.
    Mr Speaker, I would finally urge both Sides of the House to approve this Motion because the Authority actually need this revenue to improve upon the health delivery system in the country.
    Mr Speaker, on this note, I thank you for the opportunity.
    Mr First Deputy Speaker 6:36 a.m.
    Hon Member for Yapei-Kusawgu?
    Mr John Abudulai Jinapor (NDC -- Yapei-Kusawgu) 6:56 a.m.
    Thank you Mr Speaker. Mr Speaker, in beginning my contribution, I want to quote a popular Latin maxim, which states, ‘mens sana incopore sano' literally meaning a sound mind in a sound body. So, when it comes to health, under normal circumstances, we should not even be doing politics with it.
    Mr Speaker, today, it is refreshing that we all agree that the problem confronting the NHIS is not mismanagement but a lack of funds. We were told that the moneys that were accruing to the NHIS were enough to cater for the Scheme.
    Mr Speaker, I quote from the NPP Manifesto, which says that, ‘between 2017 and 2020, primarily, they shall allocate oil revenues to fund health infrastructure'. Today, we are not allocating oil revenues to fund health infrastructure but we are looking for additional revenues by converting the NHIS from a VAT rate to a flat rate.
    Mr Speaker, when we converted the VAT rate from 17.5 per cent to a flat rate for small and micro enterprises, we reduced it from 17.5 per cent to 3.0 per cent. Why did we do that? Why did we not say that it is just input and output so, we would maintain the 17.5 per cent?
    It is because we knew that when we convert it from an input-output to a flat rate, it would have a cascading effect and that is why we reduced it from 17.5 per cent to three per cent.
    Today, we are being told that when you maintain the 2.5 per cent, it is the same. I would want to make an illustration and this is very important. If I bought a phone for GH¢100 and paid 15 per cent, it means
    rose
    Mr First Deputy Speaker 6:56 a.m.
    Hon Member, hold on. Hon Deputy Minister?
    Mr Darko-Mensah 6:56 a.m.
    The Hon Member was doing some calculation that if he sold a phone at GH¢100 and paid 15 per cent, if he sold it out -- [Interruption.] If he is talking about VAT, he has actually not added any value, therefore, he would pay nothing to the taxman. So, it is not 15 per cent that he would keep.
    Mr Jinapor 6:56 a.m.
    Mr Speaker, my Hon Friend is simply confusing the issues or does not understand what I was talking about. I said that VAT is value addition, so when I buy at GH¢100 and pay 15 per cent, I pay GH¢115.
    If I choose to breakeven, because of my marketing strategies, I would sell it at GH¢100. I have not added value, so I would charge 15 per cent on that. Due to the input-output, I would keep the 15 per cent to myself because I paid it earlier on account.
    Finally, I have my VAT receipt and know how much I paid for a tin of milk today. Tomorrow, when we start implementing this, whether Jonah swallowed the whale or the whale swallowed Jonah, eventually, there would be a swallow where prices would increase and the ordinary consumer would suffer.
    Thank you, Mr Speaker.
    Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) (MP): Mr Speaker, I think a lot of incorrect things have been said and there appears to be some confusion which I would like to clear before we proceed.
    To start with, the mixing up of the flat rate VAT with this VAT, that is not subject to input-output computation associated with the traditional VAT, is unfortunate. It ought not to be confused at all.
    The three per cent flat rate is the effective impact of what would have represented the input-output computation and we need to get that straight.
    Mr Speaker, what we are doing here by making the National Health Insurance Levy (NHIL) a levy that is not subject to input-output computation is because it is no more VAT. Hon Jinapor said quite correctly as opposed to what Hon Ato Forson said, that we are converting it. When something is converted from one state to the other, it is no more in its previous state.
    I am taking the trouble to explain this because we have Revenue Officers across the country. We made reference to VAT because all we say to our Revenue Officers across the country is that the way of collecting this levy is similar to what was done in the case of VAT, where you do not need to do any additional thing just to make compliance easy.
    The effect is that the tax incident on the transaction is no more on value addition and the suggestion that -- “Value Added”, is the name not clear enough? When we get that.
    Mr Speaker, finally, even if we grant it to our Hon Colleagues that somehow the allocation to the National Health Insurance Fund has been varied to the disadvantage of the Fund -- I would like to draw attention to a provision in the Earmarked Funds Capping and Realignment Act, 2017, that the Minister still reserves the power, even in the course of implementing the Budget, to do additional allocation to any line.
    Therefore, his fears are taken care of and I urge Hon Members to vote for this Bill.
    Thank you, Mr Speaker.
    Mr First Deputy Speaker 6:56 a.m.
    Hon Minority Leader?
    Minority Leader (Mr Haruna Iddrisu) 6:56 a.m.
    Mr Speaker, as I said, there is a third which is on Value Added Tax. When we get there, I would indulge you and contribute Wholistically to it.
    Question put and Motion agreed to.
    The National Health Insurance (Amendment) Bill, 2018, was accordingly read a Second time.
    Mr First Deputy Speaker 6:56 a.m.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 6:56 a.m.
    Mr Speaker, Motion numbered 43.
    Mr First Deputy Speaker 6:56 a.m.
    Item numbered 43, Hon Deputy Minister for Finance?
    BILLS -- SECOND READING 6:56 a.m.

    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:06 p.m.
    Mr Speaker, I beg to support the Motion on the floor and in doing so present your Committee's Report.
    Introduction
    The Income Tax (Amendment) Bill, 2018 was presented to Parliament and read the first time on Friday 20th July, 2018. The Bill was subsequently referred to the Finance Committee for consideration and report in accordance with the 1992 Constitution and Order 169 of the Standing Orders of the House.
    A Deputy Minister for Finance, Hon. Kwaku Kwarteng, and officials from the Ministry of Finance and the Ghana Revenue Authority (GRA) attended upon and assisted the Committee in its deliberations on the Bill.
    The Committee is grateful to the Hon Deputy Minister and the officials from the Ministry of Finance and the GRA for attending upon the Committee.
    Reference
    The Committee referred to the following documents inter alia during its deliberations on the Bill:
    a. The Constitution of the Republic of Ghana, 1992.
    b. The Standing Orders of the Parliament of Ghana.
    c. The Income Tax Act, 2015 (Act
    896)
    d. Interpretation Act, 2009 (Act 792)
    e. Ghana Revenue Authority Act, 2009 (Act 791)
    Background
    Ghana currently has a five (5) band graduated income tax for individuals.
    Government seeks to introduce an additional band to make the rates more equitable in line with best practice.
    Urgency of the Bill
    In accordance with article 106 (13) of the 1992 Constitution and Order 119 of the Standing Orders of the House, the Committee determined and hereby certifies that the Bill is of an urgent nature and may therefore be taken through all its stages of passage in one day.
    Purpose of the Bill
    The objective of this Bill is to amend the First Schedule of the Income Tax Act, 2015 (Act 896) to revise the rates of income tax for individuals and to provide for related matters.
    Contents of the Bill
    The Bill contains just one (1) clause.
    The Clause amends subparagraph (1) of paragraph 1 of the First Schedule to the Act by the substitution of the table specified in the First Schedule. It further amends subparagraph (2) of paragraph 1 of the First Schedule to the Act by increasing the rate of income tax from twenty per cent (20%) to twenty-five per cent (25%).
    Expected Revenue
    The Committee noted that the estimated additional revenue from the passage of the Bill into law is one hundred and seventy-one million Ghana cedis (GH¢171,000.000.00) for the period August to December 2018.
    Persons Amenable to the Tax
    The Committee noted that persons who will be affected by the passage of the Bill are individuals who earn more than ten thousand Ghana cedi per month (GH¢ 10,000.00/month) or more than one hundred and twenty thousand Ghana cedis per annum (GH¢120,000.00/year).
    The 35 per cent tax rate will only apply to the excess income above the stipulated GH¢120,000 per annum.
    Conclusion
    The Committee finds that the passage of the Bill into law will provide an enhanced revenue from Personal Income Tax for accelerated development of the country.
    The Committee therefore recommends to the House to adopt this Report and pass the Income Tax (Amendment) Bill, 2018 into law in accordance with article 106 (13) of the 1992 Constitution and Order 119 of the Standing Orders of the House.
    Respectfully submitted.
    Ranking Member (Mr Cassiel Ato Baah Forson): Mr Speaker, I beg to support the Motion that was moved by the Hon Deputy Minister for Finance, Mr Kwaku Kwarteng.
    Mr Speaker, in doing so, let me draw the attention of the House to the fact that personal income tax is normally paid by two categories of people. The first group of people are employees, obviously on their salaries and allowances.
    The second category of those who pay personal income tax are self-employed persons. This is based on their profit.
    Mr Speaker, inasmuch as we are creating a new band and then taxing it by 35 per cent, it very much appears so progressive in terms of those who are employees and you are taxing them on their salaries and allowances.
    But the story is very different relating to those who are self-employed and those who are partners to sole proprietors and their profits.

    Mr Speaker, that is the reason I was trying to explain that we have two groups of people who pay personal income tax. Those who are employees like ourselves working in Parliament, our salaries and allowances would attract 35 per cent tax if we exceed GH¢120,000 per annum.

    But those who are sole proprietors -- self-employed, small businesses -- are also part of those that pay personal
    Mr First Deputy Speaker 7:06 p.m.
    Hon Member, I do not understand you. Can you explain it further? You were saying that by this amendment, those who earn GH¢120,000 or more would pay 25 per cent flat rate tax. But you have added another group who you said are to pay 35 per cent non-corporate and I do not understand that.
    Mr Forson 7:06 p.m.
    Mr Speaker, the explanation is that personal income tax is paid by two groups of people. The first one is those who are employees and earn on their salaries and allowances. The second group of those who pay personal income tax are those who are self- employed and sole proprietors -- small businesses.
    That assessment is based on their business profit and not their salaries. So, you are not only deducting their taxes based on their salaries but you deduct taxes based on their profits -- that is what the income tax law says.
    Mr Speaker, unfortunately, I agree that the salary earners -- the 35 per cent for those who earn GH¢120,000 and more is progressive and I commend the Government on that since it is progressive.
    Mr Speaker, my second concern is that those who earn GH¢120,000 on their small business -- the sole proprietors -- are also going to pay 35 per cent.
    Mr First Deputy Speaker 7:06 p.m.
    Hon member, that is where I do not find --
    Mr Forson 7:06 p.m.
    Mr Speaker, that is what it is. They are going to pay 35 per cent because that group of the second leg of those who pay personal income tax are the sole proprietors.
    They are also going to pay 35 per cent contrary to the big corporations who are paying 25 per cent. That would become regressive to the extent that the big corporations would --
    Mr First Deputy Speaker 7:06 p.m.
    Hon Members, the Hon Second Deputy Speaker would take the Chair.
    MR SECOND DEPUTY SPEAKER
    Mr Second Deputy Speaker 7:08 p.m.
    Hon Member, you may continue.
    Mr Forson 7:08 p.m.
    Mr Speaker, so my point is that, that is regressive and going forward, the Government should be able to look at it in the coming Budget Statement, hopefully in November.
    Maybe they did not look at it from that angle but I am only urging the Government to be cautious of that fact and check it accordingly, not to penalise the ordinary sole trader against the big corporations.
    This is because if indeed we are taxing the corporations 25 per cent tax, I see no reason why the small businesses -- those who are self-employed should be paying 35 per cent in the form of non-corporate tax.
    Mr Speaker, the second point is that, I look at the personal income tax band closely as a result of the introduction of this tax. One would notice that the first band where we have the personal allowance which is tax free is progressive.
    In the 2016 financial year, those who paid in the five per cent bracket doled GH¢ 792.00. In the 2017 financial year, maybe the Hon Deputy Minister has not looked at it; this amount increased to GH¢ 1,296.00 which is progressive.
    Unfortunately, in the 2018 financial year, this amount was revised downwards to GH¢ 840.00, and then in the Mid-Year Review of the 2018 Budget Statement, they again proposed another GH¢ 840.00.
    The 10 per cent bracket has also seen a downward reduction. We have seen that in the 2016 financial year, that band was GH¢1,104.00. That band increased to GH¢ 1,812.00 in a graduating manner, which is progressive. Unfortunately, that amount was reduced to GH¢ 1,200.00 and still going down to GH¢ 1,200.00 as part of the proposals. I caution that it is also regressive.
    Mr Speaker, finally, in the Mid-Year Review of the 2018 Budget Statement, the Hon Minister for Finance informed this Honourable House that the purpose of this tax is to create a sixth band, whereby those who earn GH¢120,000.00 per annum would pay 35 per cent tax.
    When the Bill appeared before us, we were informed that, once again, they would increase the band of those who are non-resident from 20 per cent to 25 per cent. Unfortunately, that was not announced in the Mid-Year Review of the 2018 Budget Statement.
    They have announced one thing in their policy document, but they are doing another thing. That is not fair to those who are reading the financial document because the Mid-Year Review of the 2018 Budget Statement never said that they would move the non-resident part from
    20 to 25 per cent. Unfortunately, the Bill says that they are moving it from 20 to 25 per cent.
    I do not object, but users of financial statements would certainly read and analyse the Government's policy. So, it should be predictable and something on which people could rely on.
    They are not to announce one message here and do the other. I believe strongly that does not sound well for all of us as a country, so we should be guided by that policy.
    Thank you, Mr Speaker.
    Mr Kojo Oppong-Nkrumah (NPP -- Ofoase Ayirebi) 7:16 p.m.
    Mr Speaker, I rise in support of the Motion.
    In contributing, I would like to make a number of comments. First, the impression created that this revenue measure, if approved --
    Mr Second Deputy Speaker 7:16 p.m.
    Hon Member, can you speak from your proper place?
    Mr Oppong-Nkrumah 7:16 p.m.
    Mr Speaker, I hear you. [Pause.]
    Mr Second Deputy Speaker 7:16 p.m.
    Yes, you may now go on.
    Mr Oppong-Nkrumah 7:16 p.m.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 7:16 p.m.
    Hon Member, which order are you referring to?
    Mr James Klutse Avedzi (NDC -- Ketu North) 7:26 p.m.
    Mr Speaker, I beg to speak to the Motion on the floor.
    I refer to the object of the Bill:
    “The object of the Bill is to amend the First Schedule of the Income Tax
    Act, 2015 (Act 896) to revise the rates of income tax for individuals.”
    Mr Speaker, it is not for companies; it is for individuals.
    If we read the first paragraph on page 3 of the Report, which talks about the clause, it says, and I beg to quote:
    “The Clause amends subparagraph (1) of paragraph 1 of the First Schedule to the Act by substitution of the table specified in the First Schedule. It further amends subparagraph (2) of paragraph 1 of the First Schedule to the Act by increasing the rate of income tax from twenty per cent (20%) to twenty-five per cent (25%).”
    Mr Speaker, if we look at the graduated income tax rate, which is currently applicable, the first GH¢261 that is earned in a month is free; the next GH¢ 70 is taxed at five per cent; the next GH¢100 is taxed at 10 per cent; the next GH¢ 2,810 is taxed at 17.5 per cent; and the next GH¢ 6,759 is taxed at 20 per cent, which is now revised to 25 per cent. So, if we add up all these figures, it would give us GH¢10,000.00.
    This means that if you earn GH¢10,000 now, if this law is passed, one would pay additional tax because the last and fifth band which is GH¢6,759 tax at 20 per cent has been increased to 25 per cent.
    So, let us make that correction. It is in the Report; paragraph 6.2 says that: “The Committee noted that persons who will be affected by the passage of the Bill are individuals who earn more than GH¢10,000.00 month” which is not true.
    Mr Speaker, it is not true that persons who earn exactly GH¢10,000 will pay
    additional tax because of the 20 per cent change of the last band to 25 per cent.
    It is in the Report that they have increased the rate of income tax from 20 to 25 per cent in the Schedule. That is the last band -- it used to be 20 per cent but that band now is 25 per cent.
    So, if you earn GH¢10,000 in June, the tax that you will pay on that amount in July or August, that is, if the law takes effect, you would pay additional tax because the last band has been increased from 20 to 25 per cent. That is my first argument.
    Mr Speaker, the second argument is that nobody from this side of the House says that people who earn more than GH¢10,000 will attract 35 per cent straight on all the income they earn. Nobody says that. We also said that the 35 per cent is in excess of the GH¢10,000, that is the position of the law.
    So, Hon Oppong-Nkrumah made that assertion and nobody said that. We know that when you earn GH¢12,000, the additional GH¢2,000 beyond the GH¢10,000 would attract the 35 per cent; we all agreed on that. So, that correction must also be made.
    Mr Speaker, there is one thing about the law, which is going to affect individual income and so, if an employee — First of all, income is derived from three main sources. The first source is income derived from employment. An employee is paid at the end of the month and it is an income to you. That income is taxable.
    The second income is that from business. Income that you earn from business activities is an income to you as an individual. The third source is from investment. These are the three main sources of income that are taxable.
    Mr James Klutse Avedzi (NDC -- Ketu North) 7:26 p.m.
    So, individuals who are involved in earning income from these three activities are taxable. That is why we must add income from employment, to income from business and income from investment for all to be taxed.
    Mr Speaker, so, if I am an employee, a businessman and have an investment as well, the income I earn from all the three sources, if put together in a month and it is GH¢30,000, I will be paying 35 per cent on GH¢20,000.
    So, what happens here is that once small businesses which are owned by individuals are working hard to earn income, that income beyond GH¢10,000 is now subjected to 35 per cent while, companies that earn income would still pay 25 per cent.
    So, we are rather killing the small businesses. If the individual who is in a small business can pay 35 per cent in excess of GH¢10,000, but a company which makes big profit would pay only 25 per cent tax on profit, are we rather encouraging the small businesses to grow or we are killing them?
    Mr Speaker, this is clear and simple that we are rather killing them. This is because we are discouraging them from earning more because as soon as they earn more, the percentage they pay as tax increases.

    I do not think this is a good thing for our people as individuals who are working harder to earn income and make a living.

    So, the Hon Chairman of the Committee could correct that portion of the Report, that says that it affects only people who earn income of more than GH¢10,000. That portion of the Report is not correct; it is misleading.

    This is because the Report says that we are amending a schedule by increasing the existing rate of 20 to 25 per cent and that 20 per cent falls within the GH¢10,000. So, the Report is misleading and the Hon Chairman should work on it.
    Mr Kwarteng 7:26 p.m.
    Mr Speaker, it ought to be made clear that this tax and its changes incident on salaries and not operational capital. Whether you are a sole proprietor, a big company, a limited liability company, the tax being discussed is on salaries and not operational capital.
    So, to suggest that somehow for corporate entities, it is 25 per cent on their corporate profit but when you come to the individual, then you are taxing some operational capital and therefore, the tax is regressive is completely misleading.
    In fact, the position canvassed by both Hon Avedzi and Hon Ato Forson offends the traditional wisdom in the adminis- tration of sole proprietor businesses that we must always treat our salaries as different from the business.
    Even if you are selling groundnut, you must determine what your salary is, set that aside and the remaining money is for the business. So, to suggest that somehow, any margin between your revenue as a sole proprietor and your operational cost is subject to this tax is very misleading.
    Mr Speaker, even if you are a sole proprietor, you must determine what your own salary is. You may be a sole proprietor and paying --
    Mr Second Deputy Speaker 7:26 p.m.
    Hon Deputy Minister for Finance, your Hon Colleagues are up in arms and so, by our Standing Orders, I have to recognise them.
    Mr Avedzi 7:26 p.m.
    Mr Speaker, I have never said here that the operating capital of these small businesses would be taxed; I did not say that. I said that income from business.
    Mr Speaker, what is income? It is your revenue minus cost which gives you income. Please, so, I said income from business and I did not say operating capital.
    Mr Second Deputy Speaker 7:26 p.m.
    Yes, Hon Deputy Minister for Finance, you may continue.
    Mr Kwarteng 7:36 p.m.
    Mr Speaker, if you are a sole proprietor, the income from your business is his salary, beyond your salary what is left is for your business. That is why I am saying conventional wisdom in the administration of sole proprietorship is such that -- [Interruption.] -- if you are sole proprietor and you are doing business, you must determine what your salary is. If you are always going to operate and take the difference between your revenues and your operational cost as money you must go and spend on your person, your business will collapse.
    So it is an advice to him that if he ever intends to run a sole proprietorship business then he should please determine what his salary is and factor that as personal cost when he is running his business. Mr Speaker, if he does that he would realise that this tax is not regressive at all.
    Mr Speaker, the second point has been touched upon, but what I would reinforce is that Bills by our Standing Orders ought not to be extensions of Mid-Year Reviews.
    So, if anybody has issues with the Bill, they could raise it, but to connect a Bill as an extension of a Mid-Year Review and to say that in spite of what our Standing Orders may require, that the Bill is somehow inadequate in a certain sense is problematic.
    Mr Speaker, I believe that this is a good initiative and I understand that many of us in the Chamber would be affected by this tax, but in the interest of the wider Ghanaians who are out there and want us to support those who are less advantaged than us, then let us get this Bill to be passed.
    Mr Speaker, I thank you.
    Mr Second Deputy Speaker 7:36 p.m.
    Is the Leadership interested in making comments or I should proceed to put the Question?

    Hon Members, at the conclusion of the debate, I would proceed to put the Question.
    rose
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Chairman, do you want to wind up?
    I was guided by the Leadership and I was asked to put the Question. It means that there is no issue left to be debated, but if you want to emphasise some points, I could give you some few minutes.
    Dr Assibey-Yebaoh 7:36 p.m.
    Mr Speaker, the Hon Deputy Minority Leader had some concerns with the Report. Mr Speaker, the

    Report creates some erroneous impression under paragraph 6.2 and he was right on that score, so, I want to seek your leave to amend the Report.
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Chairman, you may do so.
    Dr Assibey-Yeboah 7:36 p.m.
    Mr Speaker, what was actually intended under paragraph 6.2 was that non-residents would be taxed at a rate of 25 per cent.
    So, the non-residents income tax rate had increased from 20 per cent to 25 per cent, so the first paragraph under 6.2 should be deleted but the second paragraph under 6.2 would stay. So, the 35 per cent would only apply to the excess income above the stipulated GH¢120, 000.00 per annum.
    Mr Speaker, when the Hon Chairman is wrong, he admits that he is wrong.
    Mr Second Deputy Speaker 7:36 p.m.
    So, the Hon Chairman is calling on us to delete the first paragraph under 6.2.
    At least, we have made some progress; -- I was getting a bit confused with the debate when I took down the numbers. It is honourable to admit candidly when one goes wrong, so I commend the Hon Chairman for doing that.
    Question put and Motion agreed to.
    The Income Tax (Amendment) Bill, 2018, accordingly read a Second time.
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 7:36 p.m.
    Mr Speaker, before we deal with item numbered 44, the Hon Deputy Minister for Finance would
    want to apply to withdraw the Luxury Vehicle Levy Bill, 2018, that was introduced earlier, so that it would be substituted with a new one.
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Majority Leader, please I did not get the last part of your Statement. What has been substituted?
    Mr Kyei-Mensah-Bonsu 7:36 p.m.
    Mr Speaker, when it is withdrawn, the Hon Deputy Minister would substitute it on behalf of the Hon Minister.
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Members, item numbered 45, by the Hon Minister for Finance.
    Hon Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) (on behalf of the Hon Minister for Finance): Mr Speaker, I beg to withdraw the Luxury Vehicle Levy Bill, 2018 which was laid on the 20th of July, 2018.
    Mr Speaker, I seek your leave so that we may lay a fresh Bill.
    Mr Second Deputy Speaker 7:36 p.m.
    Leave granted.
    Mr Kwarteng 7:36 p.m.
    Mr Speaker, thank you.
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Members, the Bill was laid and it was in the bosom of the House. The Hon Deputy Minister for Finance seeks our leave to withdraw it because he has recognised that there is a problem with the initial one. So, with your indulgence, I grant him the leave --
    rose
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Member, yes?
    Mr Agbodza 7:36 p.m.
    Mr Speaker, I read the one that they gave to us, so I want him to tell us why he is withdrawing it so that I could compare with the new one.
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Members, it is not his property now. It is now the property of the House and that is why he is seeking the leave of the Speaker, and I am calling for your indulgence to permit him to withdraw it.
    So, leave has been granted.
    Mr Kyei-Mensah-Bonsu 7:36 p.m.
    Mr Speaker, I thought that if an Hon Minister who has submitted a Bill to this House comes to withdraw the Bill, especially given the fact that this is a money Bill, and the Hon Minister comes to seek our leave to withdraw it, it serves the purpose of information and the House cannot say that we would not allow that.
    This is because if the Speaker and the House say that they would not allow, then the House cannot work on the money Bill. We do not have the capacity to work on the money Bill. So, it is for the information of the House.
    Mr Second Deputy Speaker 7:36 p.m.
    Hon Majority Leader, the House has not said that they would not allow him to withdraw it.
    Mr Haruna Iddrisu 7:36 p.m.
    Mr Speaker, the Hon Majority Leader has raised a more important issue and we would probably look at it further. Mr Speaker, I would quote the exact Standing Orders -- whether leave of the House is the same as leave of the Speaker.
    Normally, when this application is made, it is made to the Speaker as the Chair, but where for purpose of our Standing Orders, it says leave of the House, in strict religious terms, Mr Speaker must put the question for the House to take the decision.
    If that is what the Hon Majority Leader wants. Leave of the House is not as the same as the leave of the Speaker.
    Mr Iddrisu 7:46 p.m.
    Mr Speaker, why is the Majority Leader in a hurry. He should sit; I have not finished.
    Mr Speaker, he should have been guided by what you said. It is now the property of the House. So, it is not just for an Hon Minister to come and say it is for information purposes.
    rose
    Mr Second Deputy Speaker 7:46 p.m.
    Hon Majority Leader, I thought this was a very simple matter. You want to litigate this issue?
    Mr Kyei-Mensah-Bonsu 7:46 p.m.
    Absolutely.
    Mr Second Deputy Speaker 7:46 p.m.
    You may go on.
    Mr Kyei-Mensah-Bonsu 7:46 p.m.
    Mr Speaker, because as you know, the Constitution does not allow Parliament as an institution or even Hon Members of Parliament to
    Mr Second Deputy Speaker 7:46 p.m.
    Hon Majority Leader, I do not think it is wrong for an Honourable Member to ask a Minister or any other Member who has proposed a Motion and is now requesting for leave.
    In this case, it is not leave of the Speaker; it is the leave of the House to withdraw the Motion. It is right and proper for a Member to ask for the reason.
    We are guided by Standing Orders 81 and 82 because the Motion that we have is referring to a Bill that was laid. And now the person who laid the Bill has proposed a Motion and has realised that there is a problem and so he is calling on us to grant leave for him to withdraw the Bill.
    So, I am asking the indulgence of the House because I have to exercise the leave. The whole House cannot get up and say we are granting him the leave. That is why I referred it back to the House.
    So, it is right for the Hon Member to ask why the Hon Deputy Minister is withdrawing the Bill. There is nothing wrong with that.
    Hon Deputy Minister, could you just give us a reason and let us go on?
    Mr Kwarteng 7:46 p.m.
    Mr Speaker, we are withdrawing the Bill because it has some technical hitches which we are seeking to correct in the new one we would be laying.
    Mr Second Deputy Speaker 7:46 p.m.
    That is a good one there. There are technical hitches and so they want to withdraw it.
    Mr Second Deputy Speaker 7:46 p.m.
    Now, do you intend to lay the new one or you would want to -- I cannot use the word “corrected”.
    Dr Assibey-Yeboah 7:46 p.m.
    Mr Speaker, there is an Order Paper addendum.
    Mr Second Deputy Speaker 7:46 p.m.
    So, I just want to know whether we are doing it now.
    Hon Majority Leader, do you want us to do it now?
    So, Hon Members, we would go to Order Paper addendum.
    Item numbered 2 -- Presentation and First Reading of Bills.
    BILLS -- FIRST READING 7:46 p.m.

    Mr Second Deputy Speaker 7:46 p.m.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 7:46 p.m.
    Mr Speaker, we can now take item numbered 44.
    BILLS -- SECOND READING 7:46 p.m.

    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:46 p.m.
    Mr Speaker, I beg to support the Motion and in so doing present your Committee's Report.
    Introduction
    The Value Added Tax (Amendment) Bill, 2018, was presented to Parliament, read the first time on 20th July, 2018 and
    referred to the Finance Committee for consi- deration and report in accordance with article 174(1) of the 1992 Constitution and Order 169 of the Standing Order of the House.
    Pursuant to the referral, the Committee met with two Deputy Ministers of Finance, Hon Kwaku A. Kwarteng and Hon Charles Adu Boahene and officials from the Ministry of Finance and the Ghana Revenue Authority.
    Urgency of the Bill
    In accordance with Order 119, the Committee has determined that the Bill is of an urgent nature and should therefore be taken through all the stages of passage in one day under a certificate of urgency.
    Reference
    The Committee referred to the following additional documents during its deliberations:
    The 1992 Constitution of Ghana;
    The Standing Orders of the Parliament of Ghana; and
    The Value Added Tax Act, 2013 (Act 870) as amended.
    Purpose of the Bill
    The object of this Bill is to revise the Value Added Tax rate from fifteen per cent (15%) to twelve and half per cent (12 ½ %) of the taxable value of goods, services and imports.
    Provision of the Bill
    The Bill amends section 3 of the Value Added Tax Act, 2013(Act 870) to mandate a taxable person to account for tax
    Mr Fiifi Fiavi Franklin Kwetey (NDC -- Ketu South) 7:56 p.m.
    Thank you very much, Mr Speaker.
    I would want to contribute to the Motion and to actually tell our Friends on the other Side of the House that there is no problem admitting that we want to increase revenue by bringing in a measure that is really aiming to raise more money through raising the burden that is on the people. There is nothing wrong in admitting that.
    All these gymnastics that we have been doing, we are creating the impression that all that have happened is simply a conversion when in effect it is really increasing the burden on the people of Ghana, we do not need to go through all this.
    This whole thing would not be needed if we know for the fact that our Friends on the other Side went on a campaign platform and created the impression that they had means to raise resources without increasing taxation.
    Mr Speaker, if your mother is dead, God forbid, and you claim your mother is only asleep, it would not be long before the stench of the decomposition alone would finally force you to make that admission.
    Because of that burden that the people are facing, you do not need to convince them that you have not increased taxes, because the effect itself would let everyone know exactly what it is you have done.
    I feel we have reached that moment where we have to be much more courageous. We need to be far more forthright with the people, because when people are feeling a great burden, and you are not admitting to it, it amounts to what is referred to in English as “adding insult to injury”, because already the person is facing an injury.
    The same thing happened when we removed the 17.5 per cent and introduced the 3 per cent flat rate. That brought increased burden upon businesses, and they came out to tell us. We met them at the Finance Committee, and they gave us details of how increased cost had happened as a result of that change.
    Why are we finding it difficult to honestly admit to the people that this is what it is that we have to do? After all, everybody knows that as a result of Free SHS, we clearly are in need of more money, and we are unable to raise enough revenue to take care of infrastructure, because we are using all the money to pay for school fees, and therefore we need more money hopefully to take care of greater school fees and maybe, pay some of those bills of contractors, because truly, that is where real production would happen.
    When we start paying contractors and we take care of people who have done work for Government, then we unleash enough resources that would recycle in the economy and reduce the burden of our people.
    So, Mr Speaker, we have no problem at all with initiatives that would bring increased money, but we just want our friends on the other Side to be courageous enough to admit what it is and stop trying to pretend that increased burden has not happened to the people of Ghana simply because they are afraid that it would eat into their electoral fortunes.
    If you do not like pork, please do not drink the soup, but do not be busy drinking the soup while claiming you do not like pork. So if they do not want to increase revenue, they should say they would not increase it, but if they are increasing it, they should not make the people believe that they are not, when really the burden is much more.
    Mr Speaker, thank you very much.
    Mr Second Deputy Speaker 7:56 p.m.
    Hon Minority Leader, I just heard from the Hon Member from Ketu South that it is a straightforward case, that they did not admit that they were increasing taxes.
    So I wanted to put the Question.
    Mr Iddrisu 7:56 p.m.
    Mr Speaker, I had reserved my right with the Hon First Deputy Speaker to comment on this, which is related to the earlier Motions moved on items 42, 43 and the others, so if you would indulge me.
    Mr Second Deputy Speaker 7:56 p.m.
    Please, you may go on.
    Mr Iddrisu 7:56 p.m.
    Mr Speaker, this Government can be very interesting sometimes, and they can be very disingenuous with economics.
    Mr Speaker, in this Report we have been told repeatedly that Government has
    Mr Iddrisu 8:06 a.m.


    not and would not increase VAT, but on page 3, Government has realigned VAT, so this is realigned VAT.

    In the first paragraph of the Committee's Report, I beg to quote; “the estimated impact on VAT revenue as a result of the realignment…”

    So in this country, the people of Ghana deserve to know that there is a VAT realignment or a VAT adjustment. Interestingly and coincidentally, that realignment and readjustment results in a revenue of GH¢ 285 million.

    Mr Speaker, when you have a tax of 17.5 per cent input VAT that is purchased, and you want to come to output tax, that is sales, so between the input and output, who is responsible for the five per cent? We need answers from the Government of Ghana.

    Between the 17.5 per cent and 12.5 per cent, it is five per cent. That five per cent is no longer on input. It necessarily would be on output, and output would be sales. Input is purchase.

    So, Mr Speaker, let them accept it or not. I would submit a table to the Table Office to be captured. Eventually, VAT which would be paid by Ghanaian businesses would be 22.5 per cent. Let them dismiss it on this Floor that this would not happen.

    When they came here for VAT flat rate and the Hon Ranking Member and others cautioned them, they said no, the Minority was not thinking outside the box. The Abossey Okai traders now think inside the box.

    They know what this VAT means for them, so if they come and say they have

    moved 17.5 per cent to 12.5 per cent, posterity and the traders in the market would judge them in the coming days.

    A principle and canon of taxation is certainty; it is trite economics, thanks to Adam Smith. I hope I quoted him right. They are not creating certainty in the sight of Ghanaians and Ghanaian businesses on what tax they would pay relative to

    VAT.

    In one breath, they have not increased it, but they expect increase in revenue. If realignment results in increases, let it be good economics if VAT realignment and VAT adjustment would bring in income.

    Mr Speaker, the second point is that in all of it, whether GETFund or NHIA as we have discussed, and I repeat it, I would give them a table. If they were doing a purchase of GH¢100, maybe 7.5 per cent VAT on that GH¢100 would still give you 17.5 per cent of it.

    Now if you come to do output tax, that would be on sales. No businessman would fail to transfer a threat to his cost. A threat to his profitability is easily transferable to the consumer, and that is what they would do, so this 5 per cent would be easily transferred to Ghanaian businesses and Ghanaian consumers, simple economics.

    They could argue this evening that they are right, but when they begin charging, the Ghanaian consumer and the Ghanaian business would know there was a realignment and adjustment of VAT which is bringing -- Mr Speaker, let me use the work of your Committee to conclude. Between the flat rate, 17.5 per cent input VAT, they say 12.5 per cent, so the 5 per cent, who would pay that? Answer that.

    It would be borne because it would be transferred by businesses to consumers, yet they say we should not call that increase, we should call it realignment.

    Mr Speaker, finally, we could understand that Government needs revenue because they need liquidity and money for the implementation of its major flagship projects, including Free SHS, but when they adjust VAT and it results in an increase in tax revenue, and they are not dedicating that increase to what they themselves describe as distress -- National Health Insurance is in distress, GETFund is in distress, because they have not paid contractors that they owe relative to GETFund, NHIS, phar- maceutical groups and others have not been paid because of distress, yet in all of it they are going to get additional revenue of GH¢ 285 million.

    Instead of dedicating it to the Fund, they are taking it as budget support, and they say we should hail them that this is good economics.

    Mr Speaker, when were the Funds established? They should go back to the history of the GETFund. It was earmarked because we wanted to expand tertiary education. As I speak to you, University Teachers Association of Ghana is threatening a strike action against Government because of book and research allowances.

    So even if they gave this adjustment or realigned revenue coming from VAT to pay university teachers' research allowances, it would be understandable, but they are taking it to budget and saying that GETFund -- [Interruption.] So, Hon Minister, challenge me if GETFund is not

    in distress and whether even projects that they are supposed to do they are able to do it.

    Mr Speaker, I could say same for the National Health Insurance. Every day, they create an impression to the world that the National Health Insurance is comatose.

    Dr Twum-Nuamah, it is the same National Health Insurance you have said the people from other countries have come to learn. They do not travel to learn bad things. If it were not good, people would not travel to come and learn.

    Finally, Mr Speaker, to our Hon Colleagues on the opposite Side, every time they say the NDC was in Government as if they have never been in Government. They have been there before.

    Did they resolve the problems of the country between 2001 and 2008? They should not create an impression every day that because NDC -- They could have done it. They got the opportunity to rule. Did they do it? So, let us get it.

    We know they are in distress that is why they are coming in through the backdoor with some tax and borrowing measures. Mr Speaker, in principle, they want a realignment or a readjustment, but in our words, it is a backdoor increase in VAT because I cannot see how a tax instrument could yield GH¢285 million and mathematically, it is not an increase.

    They are just confusing Ghanaians between output which is based on sales and input which is based on purchase, and I am saying that someone would be responsible for the five per cent. That someone would be those businesses that would transfer it to consumers.
    rose
    Mr Second Deputy Speaker 8:06 a.m.
    Hon Minority Leader, I see the Hon Member for Effutu on his feet.
    Mr Afenyo-Markin 8:06 a.m.
    Mr Speaker, the Hon Minority Leader is creating the impression that this Government is overburdening Ghanaians with taxation. Mr Speaker, in all his submissions, he has failed --
    Mr Second Deputy Speaker 8:06 a.m.
    Hon Member, are you up on a point of order?
    Mr Afenyo-Markin 8:06 a.m.
    Mr Speaker, it is so.
    Mr Second Deputy Speaker 8:06 a.m.
    But you are making a contribution. What is the disorder here? Just draw our attention to it.
    Mr Afenyo-Markin 8:06 a.m.
    Mr Speaker, to the extent that the respected Hon Minority Leader creates the impression that Ghanaians are being overburdened, same cannot be allowed to pass because we are --
    Mr Second Deputy Speaker 8:06 a.m.
    Is that a disorder?
    Mr Afenyo-Markin 8:06 a.m.
    We have had this Government reducing electricity tariffs.
    Mr Second Deputy Speaker 8:06 a.m.
    Hon Member, you are out of order.
    Mr Afenyo-Markin 8:06 a.m.
    Very well, Mr Speaker, but electricity tariffs have been reduced and he is aware.
    Mr Iddrisu 8:06 a.m.
    Mr Speaker, I deliberately reminded them of their days in Opposition and Government when they stood on VAT. Values are timeless.
    Mr Speaker, so in concluding, from the Mid-Year Review of the Budget Statement and Economic Policy, Government needs additional revenue but we are certainly saying that Government must be candid to the people of Ghana and to businesses and not to overburden them.
    Finally, Mr Speaker, the advice from we on this Side to Government is that, whatever tax revenue accrues, relative to the realignment and readjustment of GETFund and National Health Insurance, they should dedicate those Funds to get them out of distress. They should not take it for the purposes of budget support.
    So if we have GH¢285 million, leave it with GETFund. At least, they could undertake new projects and retire some of their arrears. If they have National Health Insurance money, they should leave it with them because at the same time that they are taking money in the name of the National Health Insurance, they want workers to pay more of their pension for the purposes of National Health Insurance.
    Mr Second Deputy Speaker 8:06 a.m.
    Hon Minority Leader, conclude.
    Mr Iddrisu 8:06 a.m.
    With these words, I thank you.
    Mr Kwarteng 8:06 a.m.
    Mr Speaker, I would be as brief as possible.
    First, to the Hon Fifi Kwetey. Mr Speaker, the strategies that he suggested to Government have been tried before. They tried it. We were told in 2014 that it was down to the bone. That was what the strategy did for us.
    Subsequently, we were taken to the International Monetary Fund (IMF). In spite of that, by the close of 2016, the economy had almost come to a halt and we grew with increase in economic expansion reduced from 14 per cent in 2011 to 3.6 per cent at the close of 2016.
    Let nobody give those lessons to this Administration for we do not want these outcomes.
    Secondly, if you go into all the Bills we have presented, we have not hidden in anyway the revenues we are going to get. On this occasion, we have indicated the reduction. Let it not be made to sound as though we came here hiding some revenue that we think we are going to get from this initiative.
    Mr Speaker, I agree with the Hon Minority Leader that we inherited an NHIS which was in distress and he is right on that, but the interventions that we are bringing include hiving off this levy and treating it as a levy not subject to input and a computation so that we could realise more money for the National Health Insurance.
    Finally, Mr Speaker, I would like to reiterate the advice the Hon Minister for Finance provided in this House that if one takes inspiration from social media rumours and it does not happen, then it
    becomes very difficult for him or her to understand clearly the interventions that would go to help the economy.
    Question put and Motion agreed to.
    The Value Added Tax (Amendment) Bill, 2018 was accordingly read a Second time.
    Ms Safo 8:06 a.m.
    Mr Speaker, I would like to crave the indulgence of Hon Members. We are just about bringing today's proceedings to an end except to say that there are two Papers -- one on the Order Paper Addendum, listed as item 1 to be laid.
    On the Order Paper Addendum 2, there is also one Paper to be laid by the Minister for Finance. The one on the Order Paper Addendum 1 is to be laid by the Hon Chairman of the Privileges Committee.
    Mr Speaker, with respect to the first Paper to be laid listed as item numbered 1 on the Order Paper Addendum, the Hon Chairman is not in the House and I am seeking permission for the Vice Chairman, Hon Andrew Mercer, to do so.
    Mr Second Deputy Speaker 8:06 a.m.
    Hon Members, item numbered 1 on the Order Paper Addendum -- Presentation of Papers by Chairman of the Committee.
    I have granted leave that the Vice Chairman could lay the Paper for and on behalf of the Chairman.
    PAPERS 8:06 a.m.

    Mr Second Deputy Speaker 8:06 a.m.
    Hon Members, Order Paper Addendum 2 -- Presentation of Papers. The following Papers are to be presented by the Minister for Finance.
    By the Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) (on behalf of) the Minister for Finance --
    Request for waiver of Import Duties, Import VAT, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy amounting to the Ghana cedi equivalent of six million, nine hundred and sixty-nine thousand, four hundred and six euros (€6,969,406.00) on project materials and equipment in respect of the Upper East Region Water Supply Project.
    Referred to the Finance Committee.
    8. 16 p. m.
    Ms Safo 8:06 a.m.
    Mr Speaker, obviously, at this point, having had a very busy day with having to suspend and to go and pay our last respect to our two great men; Hon J. H. Mensah and our former Vice President, His Excellency, Amissah- Arthur, Mr Speaker, we are in your hands at the moment, except to say that tomorrow at 9.30 a. m. we are all expected to move from our various destinations, whether offices or from home, towards the venue for the funeral of His Excellency, the former Vice President, Amissah-Arthur.
    Mr Second Deputy Speaker 8:06 a.m.
    Hon Minority Leader?
    Mr Iddrisu 8:06 a.m.
    Mr Speaker, I believe that if the Hon Deputy Majority Leader has the opportunity again, she should commend Hon Members for tenacity and sacrifice. We have worked up to 8.00 p. m. to get Government Business going.
    Mr Speaker, note that tomorrow, as the Hon Deputy Majority Leader was walking out while she was on her feet, the understanding is that, we should report early by 8.00 a. m. This is because of other protocol; the Rt Hon Speaker, the Vice President and the President filing past and paying their last respects to the late former Vice President, Mr Amissah-Arthur.
    Mr Speaker, between 8.15 a. m. and 8. 30 a. m., we are expected to file past and then we go into the full programme, which is expected to end around 12.00 p.m. So the House would convene any time after 12.00 p. m. for us to be able to transact business and see if we could bring closure to many of the outstanding issues. So we would convene after 12.00 p.m. tomorrow.
    Thank you, Mr Speaker.
    Ms Safo noon
    Hon Members, the House has been informed accordingly and I want to urge all Hon Members to endeavour to be present.
    With this, I proceed to adjourn the House. The House is adjourned till
    tomorrow Friday at after 12.00 noon. The time has not been specified so, it is after

    Ms Safo — rose ——
    Ms Safo noon
    Mr Speaker, the information you have given is that the function would finish by 12.00 noon and that, we would proceed to the House to commence business. So, it is after 12.00 noon.
    Mr Second Deputy Speaker noon
    Hon Deputy Majority Leader?
    Ms Safo noon
    Mr Speaker, it is the Hon Minority Leader who said that we are convening and starting proceedings after 12.00 p. m. Mr Speaker, after 12.00 p. m. could be 1.00 p. m., it could be 2.00 p. m. and it could even be 3.00 p.m.
    The instruction I had from the Hon Majority Leader is that, proceedings would start at 12.00 noon in this Chamber, not after 12.00, which could be 3.00 p. m. or 4.00 p. m.
    Mr Second Deputy Speaker noon
    Well, Hon Members, the available Leader of the House says that, Business would commence at 12.00 noon in the House.
    Mr Iddrisu noon
    Mr Speaker, I could only look forward to tomorrow 12.00 noon.
    Mr Second Deputy Speaker noon
    The House is adjourned.
    ADJOURNMENT noon

  • The House was adjourned at 8.21 p. m. till Friday, 27th July, 2018 at 12.00 noon.