Debates of 26 Sep 2018

MR SPEAKER
PRAYERS 10:55 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:55 a.m.
Mr Speaker 10:55 a.m.
Hon Members, item numbered 2. Correction of Votes and Proceedings and the Official Report.”
We have the Votes and Proceedings of Tuesday, 25th September, 2018.
Mr Speaker 10:55 a.m.
Hon Members, we have a number of Official Reports for correction.
Hon Members, we have the Official Report dated 9 th July, 2018. Any correction?
Hon Members, any corrections?
  • [No correction was made to the Official Report of Tuesday, 10th July, 2018.]
  • [No correction was made to the Official Report of Wednesday, 11th July, 2018.]
  • [No correction was made to the Official Report of Thursday, 12th July, 2018.]
    • Mr Speaker 10:55 a.m.
    Hon Members, we also have the Official Report of Monday, 16th July, 2018 for correction.
    Hon Members, any corrections?
    rose
    Mr Speaker 10:55 a.m.
    Yes, Hon Member?
    Dr Assibey-Yeboah 10:55 a.m.
    Mr Speaker, I would like to refer the House to column 3683 of the Official Report of Monday, 16th July, 2018.
    Mr Speaker, we have “Dr Samiu Kwadwo Nuamah, (NPP-Kwadaso)”.
    Mr Speaker, the whole submission on columns 3683, 3684, and 3685 were made by “Dr Kwabena Twum-Nuamah, (NPP- Berekum East)” and not “Dr Samiu Kwadwo Nuamah”. Mr Speaker, I do not know how Dr S. K. Nuamah could have been speaking to a quaternary hospital.
    Mr Speaker 11:05 a.m.
    Thank you very much, Hon Member.
    Hon Members, any further corrections on that?
    Hon Members, in the absence of any further corrections, the Official Report of Monday, 16th July, 2018 as corrected is hereby admitted as true record of proceedings.
    Hon Member, finally, the Official Report of Tuesday, 17 the July, 2018.
  • [No correction was made to the Official Report of Tuesday, 17th July, 2018.]
    • Mr Speaker 11:05 a.m.
    Hon Members, item numbered 3: Statements.
    STATEMENTS 11:05 a.m.
    Mr Osei Kyei-Mensah-Bonsu (NPP — Suame) 11:05 a.m.
    Mr Speaker, I thank you very much for the space granted me to pay this tribute in memory of Busumuru Kofi Annan, the former Secretary-General of the United Nations (UN).
    Within the space of two months, three major Ghanaian political actors from extremely different backgrounds have transitioned to the greater beyond. First was former Vice President, H. E. Paa Kwesi Amissah Arthur who died unceremo- niously in rather very hurried circumstance between the Aviation Social Centre and the 37 Military Hospital.
    Then followed the Venerable Joseph Henry Mensah (a.k.a J. H. Mensah), the evergreen recycled octogenarian who passed on at the 37 Military Hospital and, most recently, His Excellency, Busumuru Kofi Annan who was in Geneva died at 80. He was the former Secretary-General of the United Nations. After these, this nation has also witnessed the transition of VCRAC Crabbe.
    I hope we shall have some time and space to also eulogise that erudite personality. We would also not forget the late Atukwie Okai.
    Mr Speaker, much ink has already been spilt in respect of tributes and hagiographies for Kofi Annan who left huge imprints in world politics and international diplomacy.
    The first black African Secretary- General of the United Nations, Busumuru, was manifestly, “a breaker of barriers and a guiding force for goodness” in humanity and who was the first UN employee to rise through the ranks to the position of Secretary-General.
    He played critical roles in many key events of the late 1990s and early 2000s all in a bid to create a more peaceful, humane and just world.
    The late Mr Annan was the diplomats' diplomat, a shrewd but tough negotiator and a consummate strategic thinker, who assumed office when the United Nations was exfoliating amidst a fractured relationship with its host country, the United States of America.
    The US had begun to hold back resourcing the UN and hence there arose a difficult budgetary environment which resulted in the UN not being able to perform some of its core responsibilities, including peacekeeping operations which Mr Annan hitherto headed, as well as other developmental and human rights- related functions.
    It is to the late Mr Annan's credit that, before his term ended, he had repositioned that world organisation, including, in particular, the restoration and stabilisation of relations with many prominent Member states. The financial position of the UN had rebounced.
    The late Kofi Annan led the Organisation to unveil bold strategic imperatives with profound positive impact on many lives in many countries, notably in the areas of education, health, water and sanitation, food security and social upliftment.
    Mr Kofi Annan was successful; the UN was hugely successful such that the
    Mr Osei Kyei-Mensah-Bonsu (NPP — Suame) 11:05 a.m.


    Nobel Peace Prize came to be bestowed on Kofi Annan and the UN jointly.

    Following after the humongous success of the late Annan's UN initiative expressed in the Millennium Development Goals (MDCG), the Sustainable Development Goals (SDGs) agenda came to be introduced.

    When the late Mr Annan led the Peacekeeping Operations before his ascendency to the headship of the World body, he came to be confronted with criminality associated with wars fought directly or even by proxy.

    Under his leadership of the UN, barbaric war crimes had been committed in Rwanda and Bosnia in particular, and the United Nations appeared helpless because its own efforts were severely down-warped by very powerful forces of darkness within the UN itself.

    The late Mr Annan did not allow himself or the UN to be overcome by such turbulence. Rather, that brimstone experience caused the UN to conceive and deliver the International Criminal Court, the purpose of which was not only to identify, investigate and prosecute individual war crimes but, as well, State institutions which might have been complicit in such palpable criminality.

    It is sad to relate that in fashioning out the instruments to establish the International Criminal Court, the aspect dealing with state institutions was pruned. Notwithstanding, the International Criminal Court is now a reality.

    Issues concerning environmental degradation have now resonated at the international level, thanks to the efforts of the late Mr Kofi Annan and his U.N. .

    The organisation is now able to hold business enterprises and state actors responsible for the environmental and social consequences of their operations.

    It is the reason that in 2011 the UN adopted the Building Principles on Business and Human Rights. Today, many countries in the world have adopted action plans on the social and environmental responsibilities of corporations' operations in their territories.

    Liberia, Sierra Leone, and, to a large extent, the Democratic Republic of Congo were all saved by the late Kofi Annan. Mr Speaker, we may even add Kenya and Zimbabwe. On the flipside, however, Srebrenica and Rwanda both took a pounding under the late Mr Annan's watch.

    Against the backdrop of the many impediments that came to be erected in his way, and the severe adverse publicity that came, mostly by contrivance, to be unleashed on him, he constituted an independent body, the Volcker Commission to inquire into the conduct of peacekeeping forces which had come under severe criticism. The late Kofi Annan was absolved from any personal liability.

    Admittedly however, there were a few, yet catastrophic events that occurred during his tenure: the genocide in Rwanda that claimed close to 800,000 lives; the massacres in the former Yugoslavia that claimed over 8,000 lives, mostly Muslims, and the hush hush about some peacekeepers engaging themselves in sexual exploitation of war victims.

    The United Nations is a complex international institution which requires complex gamesmanship and complex attributes and tactics to run and succeed. The late Kofi Annan who replaced the

    first African Secretary-General, the Egyptian-born Boutros Boutros Ghali, was a master strategist and tactician who would not allow himself and the UN to be subverted. All in all, he recorded a sackful of very impressive achievements.

    After leaving office the late Mr Annan committed his energies to partnering with a group of leaders working for peace and human rights, called the “Elders”. They achieved quite a lot for humanity.

    It was in his retirement period that he helped to resolve the post-election violence in Kenya, and brokered the conduct of peaceful elections in Nigeria and many other countries. Also, the late Mr Annan and the Elders promoted sustainable development and good- governance in many African countries.

    The late Kofi Annan's demeanour, strength of character and personal integrity are what caused the current UN Secretary-General, Mr Antonio Gutterrez, to say of Busumuru when he transitioned that: “In many ways, Kofi Annan was the United Nations. He rose through the ranks to lead the organisation into the new millennium with matchless dignity and determination”.

    In the pantheon of the Secretaries- General of the United Nations, the late His Excellency Kofi Annan, stands tall and is appropriately remembered by another former Secretary General of the UN as a “great leader and reformer of the U.N.'' and “making the world he lived in better than the one he was born into”.

    Busumuru Kofi Annan, the world is proud of you; Africa is proud of you and Ghana, your motherland, is proud of you. May your legacies continue to inspire the world.
    Mr Speaker 11:15 a.m.
    Thank you very much, Hon Majority Leader.
    Hon Minority Leader, should we go round first?
    Mr Haruna Iddrisu 11:15 a.m.
    Mr Speaker, probably if you could --
    Mr Speaker 11:15 a.m.
    There would be contributions, but I wanted to know whether you want to --
    Mr Iddrisu 11:15 a.m.
    Mr Speaker, I would conclude.
    Mr Speaker 11:15 a.m.
    Thank you.
    Dr Kwabena Donkor (NDC -- Pru East) 11:15 a.m.
    Mr Speaker, I beg to add my voice to the very well-deserved tribute paid to this noble son of the land.
    The late Mr Kofi Annan, as the Seventh Secretary-General of the UN, stood out among his predecessors and successors. He was not just the first African from the sub-Sahara African region to rise to the highest position in global public service, but he represented an office that was humane, strategic, truthful and dynamic.
    The late Mr Annan had the courage of his convictions to speak out where global injustice was seen as the order of the day. He irritated some super powers so much that he became a symbol of resistance to tyranny on the international stage.
    The late Mr Annan's life represents what the Ghanaian, with determination, conviction and hard work, could become. He never lost his Ghanaian identity. People
    Dr Kwabena Donkor (NDC -- Pru East) 11:15 a.m.


    who live abroad for less than six years suddenly forget their Ghanaian accent -- [Interruption] -- and pretend to have other accents.

    Mr Speaker, the late Mr Kofi Annan epitomised what our first President called “the African personality”; royalty, loyalty to principle, great thinker and intellectual, and a statesman par excellence.

    Mr Speaker, in my view, the legacy of the late Mr Kofi Annan was even more important to us after he left office. His best years were after he left office, where he totally dedicated himself to the economic development of the continent. His interest in agriculture was legendary.

    Indeed, as a Ghanaian State, we cannot transition into an industrialised country without paying adequate attention to agriculture; improving productivity per hectare, and developing new crop varieties that are resistant to increasing environmental hazards. The late Mr Annan devoted his time to these things.

    Mr Speaker, the late Mr Kofi Annan cannot also be ignored when it comes to the resolution of inter and intra African conflicts. The solution to the issue of the Bakassi Peninsula stands to the credit of the late Mr Kofi Annan. Nigeria and Cameroun, two sister countries, almost went to full blown war, but for the late Mr Annan's intervention.

    Today, through the instrument of conflict resolution, there is peace in the Bakassi Penninsula, and in my view, that

    is one of the biggest tributes to the late Mr Annan on the African continent.

    The late Mr Kofi Annan was not a hypocrite; he did not pretend that everything was right with the African situation. He acknowledged the challenges of development the African continent faces, especially the self- inflicted challenges that we impose on ourselves by not having enough faith in African institutions and the African personality.

    Mr Speaker, the late Mr Kofi Annan also represented a totally -- assimilated Ghanaian -- Akuamu by ethnicity, Kumasi by birth and Ghanaian by nationality. He brought all these together so beautifully that any Ghanaian felt proud of him as a compatriot.

    Mr Speaker, I would want to take my seat by stating that the late Mr Kofi Annan's legacy is an inspiration to the youth of Ghana. The youth must be inspired by the height which the late Mr Kofi Annan had reached, this was not as a result of privilege either by birth or wealth but by dint of hardwork, being committed and believing in a course.

    The Ghanaian youth of today should take inspiration that as a people, we can excel, develop a spirit of excellence that will be globally recognised. This, in my view, should be the biggest legacy that the life of the late Mr Kofi Annan should leave and we must be challenged by this life.

    How many of the late Mr Kofi Annans' can we develop? I believe that we are capable of coming up with thousands of the late Mr Kofi Annans who would love Ghana and Africa beyond the call of duty.

    Mr Speaker, thank you for the opportunity.
    Mr Speaker 11:15 a.m.
    Thank you very much, Hon (Dr) Donkor. Hon Minister for Defence.
    Minister for Defence (Mr Dominic B.A Nitiwul) 11:15 a.m.
    Mr Speaker, thank you very much.
    First of all, let me thank the Hon Member who made this very Statement. I was chairing a board meeting at the Kofi Annan International Peacekeeping Training Center (KAIPTIC) and I would go back to continue with that process.
    So, to come here only to hear that his tribute is being read in his honour is the greatest pleasure; I would have to go back to announce to the board members who are mostly Ambassadors that this is what the Parliament of Ghana has done in honour of the late Mr Kofi Annan.
    Mr Speaker, the Hon Member who made this Statement could not have been more right when he said that the late Mr Kofi Annan left a legacy of peacekeeping for the world. He was the first Secretary- General to come from the ranks of the United Nations (UN). In fact, he was the institution.
    When he died I was in the United States of America (USA) and there were about 50 countries that happened to be at the very occasion that I was. Not a single one of them did not come to show their sympathy and say something positive about what the late Mr Kofi Annan had done for their countries.
    From Kosovo, to Azerbaijan to Lebanon to South Africa, almost everybody who was there came to say that the late Mr Kofi Annan did so and so for them and so they had come to thank me.
    This is a man who was at a conference in Sierra Leone and an organisation noticed him, gave him a scholarship to go and study and look at where he landed himself. He led a life of a true statesman; from being a leader as a young man till he died.
    Mr Speaker, the late Mr Kofi Annan was one person who never got himself into Ghanaian politics; it was very easy for him to have gotten himself into it but he never did. He stood as a statesman and went back to his Maker as a statesman.
    He left a legacy of peacekeeping for the world; he transformed the UN to the extent that he said that without peace for this world, they would have failed their mandate.
    Sexual exploitation and abuse that the UN has seriously taken up is the handiwork of the late Mr Kofi Annan. Today, peacekeepers are expected to go and keep peace, but if they commit sexual exploitation, the UN frowns on it and they would be punished, not just the individuals nor the peacekeepers there but also the country. Also, the UN has taken both child labour and child soldiers very seriously and all these are the works of the late Mr Kofi Annan.
    Mr Speaker, today, women in combat and peacekeeping, is another legacy of the late Mr Kofi Annan at the UN to the extent that today, the UN is demanding that when we take people for peacekeeping exercises, we must ensure that women are fairly represented with an increasing rate to a certain minimum. All these are legacies left by the late Mr Kofi Annan.
    This was a man who, as at the time he completed his first term in office, the UN without any exception, decided that he should run for the second term if he liked it or not.
    Minister for Defence (Mr Dominic B.A Nitiwul) 11:35 a.m.
    In fact, the African Ambassadors first met and decided that this man must run for another term and they were going to back him. That was how he got his second term without anybody attempting to challenge him because he did not need to go through anybody, his work said it all.
    Mr Speaker, he was a soft-spoken man who would not shout at anyone but would make his point very clearly for one to understand where he was coming from and what he wanted to do.
    The late Mr Kofi Annan has left a very big hole for us as a country, because he was our greatest advocate not just for Ghana but Africa and the world as a whole.
    Mr Speaker, of course, there were challenges during his work just like any other person. Some have misunderstood him, others have accepted it as it is. One case that the Hon Majority Leader referred to is the issue of Rwanda.
    He was the Under Secretary-General for Peacekeeping when the Rwandan genocide happened, so obviously, he was directly in-charge of it, but I can say that the late Mr Kofi Annan as a responsible individual, did the most responsible thing at the time.
    He stood firm, went to the UN to argue that they should not abandon Rwanda and forcefully made his point. Of course, if the Security Council of the UN does not support you, there is virtually nothing you can do, and that is what happened at that time.
    Mr Speaker, the Security Council decided that the UN would have to leave the place, especially when the 10 Belgium soldiers got killed, they left. As fate would have it, there was a Ghanaian contingent;
    one of our generals, Major General Henry Kwame Anyidoho being the Deputy Force Commander insisted that the Ghanaian contingent should stay throughout the exercise.
    If there is one legacy that the late Mr Kofi Annan and Ghanaian peacekeepers have left, it was the fact that when a fellow African country was in distress and everybody was running away abandoning them to their fate, they decided to stay.
    They did not just stay in Kigali which was not the biggest problem at the time, but they stayed in a place where there was war raging. They had to go out there to help people, assist women and children, to ensure that the place was calm. That was one thing that the late Mr Kofi Annan left when he was there.
    He told the peacekeepers that everybody was leaving, but you can help me stay and work, save lives, live an image and a legacy. That was exactly what the Ghanaian peacekeeping contingent did at that time at the peril of their lives. They could have all been killed but they decided to stay.
    Mr Speaker, their brother was in- charge, they stayed with him and he visited them regularly even when the killings were going on. When the rest of the world decided to abandon the place, he would visit there regularly, visit Kigali, visit the Ghanaian troop and encouraged them.

    In my view, the late Mr Kofi Annan was born to lead the UN at the time. Look at the conflicts in Africa during the time he was there and if he was not there, what would have happened? Liberia, the Democratic Republic of Congo, Angola, Sierra Leone, La Cote d'Ivoire, Burundi

    and almost the entire African continent; many countries had serious problems but with Mr Kofi Annan there, he helped to turn the tides.

    Mr Speaker, today, 1 would not say that Africa is free, but we could say that Africa has come very far.

    Today in West Africa, I do not think that there is a single country that does not have a President who is democratically elected. Almost every President in West Africa today was elected through the ballot box, so people have changed and continue to change and these are legacies that we should celebrate.

    Mr Speaker, I am sure and I know that the government is thinking about doing something huge in memory of him as a statesman and as someone who left a huge legacy, especially in the area of peacekeeping. I am sure that very soon the President would announce a package for the people of Ghana to see what Mr Kofi Annan did for peacekeeping.

    Mr Speaker, I would still thank the Hon Member who made the Statement because it is a Statement that we should keep, we should eulogise him, look at his works and let people know that if Mr Kofi Annan could do this then we should challenge the young ones that they could also do same.

    They could look at him that if he could do this from the 1930s and 1940s when a lot of people had not even gone to school, but if with no opportunity he could rise up to this stage, then with all the opportunities that we have today as young people, we could also do same.

    Mr Speaker, for me he is an inspiration to all of us and as I said, he is soft spoken,

    a gentleman and someone who cuts across the entire Africa and everybody talks about him.

    Mr Speaker, look at the speeches made by President Ramaphosa, President Akuffo-Addo as well as the United Nations Secretary-General. Mr Speaker, in eulogising him, almost everybody mentioned something that we could use to remember him.

    Mr Speaker, 1 thank you for the opportunity.
    Mr Speaker 11:35 a.m.
    Hon Minister for Defence, thank you very much for your brilliant contribution.
    Hon Buah.
    Mr Emmanuel Armah-Kofi Buah (NDC -- Ellembelle) 11:35 a.m.
    Mr Speaker, thank you for the opportunity to add my voice to a well-deserved tribute to our illustrious son, Mr Kofi Annan.
    Mr Speaker, as has been variously noted, he was appointed as the Secretary General of the United Nations from 1997 to 2006 and to basically know his achievements, Mr Kofi Annan was a co- recipient with the United Nations of the Nobel Peace Prize in 2001. This speaks volumes of the work that he did.
    Mr Speaker, a lot has been said about his achievements and it is important to note that when Mr Kofi Annan was appointed as the Secretary-General of the United Nations, the world body itself was in crisis.
    Member States were refusing to pay their dues and they were citing bureaucracy and waste, but Mr Kofi Annan began and championed major reforms at the United Nations that brought back the confidence of the world body.
    Mr Speaker 11:35 a.m.
    Hon Member, thank you very much.
    I would take Hon O. B. Amoah and then Hon Muntaka.
    Mr Osei Bonsu Amoah (NPP -- Akwapim South) 11:45 a.m.
    Mr Speaker, thank you for this opportunity. Indeed, I am grateful and honoured to be associated with the tribute being paid to this great son of the world and not only Ghana and Africa. He was a man who dedicated his life to the UN for 45 years.
    Indeed, he could be said to be a man of the world and a man of the United Nations; his legacy would obviously live forever. Indeed, if we wanted to talk about someone who was the Chief Ambassador of the world and not for only Ghana, the Chief Spokesman of the world, an international statesman and a pro- fessional icon then Mr Kofi Annan really fitted those accolades.
    Mr Speaker, indeed, within four years of becoming the head of the UN, he and the UN were awarded the Nobel Peace Prize in 2001 and the citation was for their work for a better organised and more peaceful world.
    Indeed, for that whole period, that is what he dedicated his life to. I listened to his son at the UN paying tribute to this great man. He said his father wanted a fairer and more peaceful world. Indeed, that is what he spent all his life trying to achieve and which he most achieved.
    On his retirement, as I read part of his tribute, somewhere, he said Nelson Mandela was forced to retire from retirement, and that is why he founded the Kofi Annan Foundation which was to mobilise political will to overcome threats to peace, development and human rights, and he spent all his time achieving these goals.
    During his time at the UN, he commissioned a lot of reports and projects in education, health, defence and security, agriculture and even sports. His major commissioned work on sports for development and peace has been a major work that has shown that, indeed, sports does not transcend only recreation, but if you develop sports, it also encourages education, promotes health development and peace.
    This was the man who thought he could use every avenue to promote all these major issues around the world.
    Mr Osei Bonsu Amoah (NPP -- Akwapim South) 11:45 a.m.


    I heard his son quoting him that his favourite saying was that the only thing necessary for the thriving of evil is for good men not to do anything. He played his part by not being seen as partisan even though in his younger days, right in the secondary school level, he had earned the name domo because he was championing the course of the underdogs.

    Even though he earned the name “domo”, within his life time, he managed to bring all sides together and everybody saw him as a peacemaker not only within the family, this country but across the world.

    Indeed, if you wanted to talk about Africans in the millennium, probably, three persons would be mentioned every time anywhere; Kwame Nkrumah, Nelson Mandela and Kofi Annan, but if you wanted a man of the world really, you could talk about Kofi Annan.

    For our children in school, to promote education, I believe we should make a conscious effort to get the life and works or Kofi Annan taught every day and every time in our educational institutions from Kindergarten to the highest level so that people would get to know and learn about this man who always said that he was a walking UN.

    He was a walking UN in the sense that through providence, he had married a Nigerian first, and later, a Swiss. Through that, his children and grandchildren have become children of the world with diverse backgrounds.

    His son, Kojo, ended up marrying a half Nigerian and half Indian, and their children could trace their roots from several parts of the world.

    Somehow, this was a man who inadvertently ended up creating a UN in his own family and using this to promote the world in the sense that whatever he did was not only for his country, but for the world because if he was promoting what was good for the Swiss, Nigerians, Indians, and those from every part of the world, he begun from his family along the way.

    So, as I said, I believe we should not let this tribute and the fitting burial we gave him end or curtail our thoughts and good things that we have about Kofi Annan.

    We should find a way of promoting what he stood for and what he did for the world and for the world to be always reminded that Ghana produced such a son who showed to the world that the African could do it and the Ghanaian could do it and that colour did not matter, but if any person had the opportunity, he could lead the world to become more peaceful than the world had been and that he could defy even the super powers and be vindicated as the years go by.

    Mr Speaker, I thank you for this opportunity. In my view, today's tribute should not end what we have for Kofi Annan. As I heard from the Hon Minister for Defence, we should resolve to honour Kofi Annan. And if it means to name major facilities after him, the world would be reminded that this was a person who led the world and made the world a peaceful place.
    Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 11:55 a.m.
    Mr Speaker, I thank you. What a great way to remember the
    works of the world's diplomat, Busumuru Kofi Annan.
    Mr Speaker, I would want to start my tribute with a quote from one of his special advisors, Jeffrey Sachs who is a professor of sustainable development in Columbia University in the United States. He said and I quote:
    “Mr Kofi Annan protected us against our worst instinct”.
    In summary, this quote just shows what Kofi Annan stood for.
    Mr Speaker, if you permit me, I would further quote how he described his former boss in just one paragraph. He said and I quote:
    “a man of extraordinary intelligence, decency, warm and joy of life”.
    Mr Speaker, H. E. Kofi Annan helped the world in many ways. He believed that the world we live in cannot live without three things. He simply summarised by saying that we need economic justice, peace and human right. He followed this by saying that there cannot be development without security and there cannot be security without development. He said there can neither be security nor development without human rights.
    These are powerful quotations from H. E. Kofi Annan, and he lived up to them. He led us into the new millennium in the 21st Century.
    At the UN millennium summit, he pressed forward for the world powers to accept that the UN needed to lead the world's development when he managed through the UN to introduce the Millennium Development Goals (MDGs) to be a benchmark for which the whole world uses to check the progress that they
    are making in trying to fight extreme poverty and to bring justice to the world.
    Mr Speaker the world cannot forget the effort and persuasive power of H. E. Kofi Annan in trying to get the whole world to accept this. By the time he left office, poverty in the world, had moved from 37 per cent by the early 1990s to about 10 per cent by 2015.

    This could greatly be attributed to the effort that His Excellency Kofi Annan exhibited in trying to get the world to benchmark whatever we were doing across the globe.

    Mr Speaker, he followed it up with effort and persuasion to get the global fund set up in trying to fight tuberculosis, AIDS and malaria, and this is where Africa tremendously benefitted in the fight against malaria, tuberculosis and AIDS.

    Mr Speaker, we can never as a world forget the effort and contribution of such a monumental person from our country. We can equally not forget how he stood against the world powers.

    As persuasive, gentle and calm as he was, when it came to the fight in Iraq, he stood firm against the world's most powerful nation, the United States, and said at the united Nations that the fight that the US was leading into Iraq was unjust and could not lead to the expected result.

    Mr Speaker, I am happy in his lifetime he has been vindicated. When he was pushing that the war could not do what peace talking could do, and when the US failed and still went into Iraq, the statistics showed that the plane crash into the World Trade Centre killed approximately about 3,400 people, most of them Americans.
    Mr Speaker 11:55 a.m.
    Thank you very much, Hon Minority Chief Whip.
    Mr Ato Panford (NPP -- Shama) 11:55 a.m.
    Thank you Mr Speaker, for this opportunity to add my voice to the maker of the Statement, our distinguished Leader of Parliament, on this Statement that we are discussing today.
    Mr Speaker, it is about time that we took some of the words of His Excellency Kofi Attah Annan more critically and seriously. Indeed, I am moved by some of his words that he made emphatically, and I would plead that I quote from his words. He mentioned emphatically that;
    “The world is not ours to keep, but we hold it in trust for the future generation”.
    These are very deep thoughts from His Excellency Kofi Attah Annan. I was enthralled when I sat behind the television and listened to him on his interview on the BBC.
    He was questioned and grilled on how he was able to effectively stand by his position on all decisions that he took, and he made an interesting comment. He mentioned that it does not take shouting to get what you want, but rather through his soft spoken words he was able to make sure that he got everything that he wanted to be done. I am enthused by that Statement.
    Mr Speaker, going further, I also look at some of the key things that he did while at post as the General Secretary of the United Nations. I would like us to note
    that he majored and championed the establishment of the inter-Governmental body, that is, the Human Rights Building Commission, and then the Peace Building Commission in the United Nations.
    In 2005, he played a major role in these institutions within the UN administration. I would like to entreat us to concentrate on some of these key agendas that he created in the UN. Apart from that, he also played a very pivotal role in the establishment of the AIDs, tuberculosis and malaria funds to support the disadvantaged countries globally.
    At this point, we should all look at how fast these projects have gone and reflect on them and see how best we can push them further, to leave them as legacies for whatever he left for the whole world.
    Mr Speaker, I would also raise the issue of the human rights agenda that he played globally. We all know how the human rights issues he raised in the UN have been pushed so far. We would want to see that as a nation, our representation at the UN toe the lines that our Excellency Kofi Attah Anan played in the institution.
    I would emphasise that the gap that he has created would have to be looked at, and for us as Ghanaians, it is a major gap. I believe that when we critically look at our role in the UN, we would be able to have some other key people to champion the roles and advocacy that he left behind.
    Thank you Mr Speaker, and I also thank the maker of the Statement, our distinguished Leader of Parliament, for this very important Statement.
    Mr Haruna Iddrisu (NDC--Tamale South) 12:05 p.m.
    Mr Speaker, I thank you for the opportunity to contribute to the tribute
    ably presented by the Hon Majority Leader on the eulogy of Busumuru Kofi Annan, the “diplomat's diplomat”, the peace maker and the peace keeper.
    Mr Speaker, the Prime Minister of India, upon hearing the passing on of the UN Secretary General Mr Kofi Annan said, and with your permission I quote; “he was a conscience keeper of international peace and security”.
    The world is saddened and would miss his diplomacy. He calmed the world with extraordinary civility and decency and was remarkable as our Hon Colleague the Majority Leader and other contributors have said.
    The world will forever as we remain committed to the fight to eradicate poverty, remember the good works and initiatives of H. E. Kofi Annan on the introduction to the global stage and the adoption by the UN in the year 2000 of the Millennium Development Goals (MDGs), now transformed to the Sustainable Development Goals (SDGs).
    He got global commitment by foreign governments and heads of states, including Ghana to work towards the eradication of poverty. Ghana in the last two decades could pride herself on working considerably in ameliorating and reducing poverty, though we are not out of it yet.
    Mr Speaker, the most significant tribute to the memory of the late Kofi Annan was his courage to stand by his conviction when he courageously told the United States (US) that they must seek the United Nation's (UN) approval before they could invade Iraq. This remains a significant monumental decision he took.
    There were even efforts to smear him because of decisions he took against the mighty US. However, they got it wrong
    Mr Speaker 12:05 p.m.
    Hon Members, I must congratulate both the Majority Leader and Minority Leader as well as Hon Members as a whole from both Sides of the House for the very rich contributions made to the Statement on H. E. Kofi Annan of blessed memory.
    I allowed the debate to travel its full distance because of the high quality thereof. I trust that someday, today's Hansard would assist researchers in studying this great Ghanaian even further.
    He came to office as a darling of the US and was unequivocally opposed to the Iraq war as he was not satisfied by the merit thereof. He was exonerated without doubt, when in the end, the US ate humble pie when it became crystal clear that no weapons of mass destruction existed.
    This is indeed a big global lesson for posterity and the Ghanaian born Secretary-General who established himself as the conscience keeper of the universe. May his soul rest in perfect peace.
    Mr Speaker 12:15 p.m.
    May the soul of the distinguished Kofi Annan and those of all the faithful departed indeed, rest in perfect peace.
    Hon Members, item numbered 4.
    Hon Members, in the process, the Hon First Deputy Speaker, would get ready to continue with proceedings.
    Item numbered 4 (a), by the Hon Minister for Aviation.
    Hon Majority Leader, any indication please?
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, the indication to me was that the Hon Minister was going to be here, but I have just received notice that they are having a meeting at the Senior Minister's office, so he cannot be here now. Not knowing exactly when he would be here, I would want to crave your indulgence and indeed, that of the House to allow the Hon Minister for Defence to lay the document on behalf of the Hon Minister for Aviation.
    Mr Speaker 12:15 p.m.
    Hon Minister for Defence, you may please do so.
    PAPERS 12:15 p.m.
    Mr Speaker 12:15 p.m.
    Hon Members, item numbered 4 (b), by the Hon Minister for Defence.
    By the Minister of Defence --
    (b) Ghana Armed Forces (Amendment) Regulations, 2018.
    Referred to the Committee on Subsidiary Legislation.
    Mr Speaker 12:15 p.m.
    Hon Chairman of the Committee?
    By the Chairman of the Committee --
    (i) Report of the Finance Committee on the Financing Agreement (Amended and Restated Fi- nancing Agreement) between the
    Mr Speaker 12:15 p.m.
    Hon Chairman of the Finance Committee, item numbered 4 (c) (iii).
    Dr Assibey-Yeboah 12:15 p.m.
    Mr Speaker, item numbered 4 (c) (iii), is not ready.
    Mr Speaker 12:15 p.m.
    Hon Chairman of the Committee on Communications, item numbered 4(d).
    rose
    Mr Speaker 12:15 p.m.
    Hon Minority Leader?
    Mr Iddrisu 12:15 p.m.
    Mr Speaker, I noted that when 4 (b) was presented -- may I indulge you that with the Ghana Armed Forces (Amendment) Regulations, 2018, if you would permit the leadership of the Committees on Defence and Interior to join the Committee on Subsidiary Legislation.
    Mr Speaker 12:15 p.m.
    Hon Majority Leader, are you in agreement?
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, for purposes of guiding the Subsidiary Legislation Committee, I believe it would not be out of place.
    Mr Speaker 12:15 p.m.
    Hon Chairman of the Committee on Communications?
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, I understand item numbered 4 (d) is still not ready.
    Mr Speaker 12:15 p.m.
    Very well.
    We would proceed to item numbered
    5.
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, item numbered 5, 6 and 7 cannot also be taken today. So we could go to item numbered 8, which is the Minerals Income Investment Fund Bill, 2018 at the Consideration Stage.
    Mr Speaker 12:15 p.m.
    Very well.
    Hon Members, item listed 8 -- Minerals Income Investment Fund Bill, 2018 at the Consideration Stage.
    In the process, the Hon First Deputy Speaker would take the Chair.
    Hon Chairman of the Committee, any previous progress in this direction?
    Dr Assibey-Yeboah 12:15 p.m.
    Mr Speaker, we can go ahead with the Consideration Stage.
    Mr Speaker 12:15 p.m.
    Hon Majority Leader can we start with that now?
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, we can continue with what we started yesterday, which was item numbered 8. We did some considerable winnowing on this yesterday in the evening and very early this morning as well. So, we could make progress and I believe we could even travel faster in it today.
    Mr Speaker 12:15 p.m.
    All right. Shall we have some time then?
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, we were able to get to clause 26, so I believe we could begin from there and continue from where we left off. Yesterday, we got to clause 10.
    Mr Speaker 12:15 p.m.
    Hon Majority Leader, maybe, we could stand this down till 2.00p.m., where the Hon First Deputy Speaker would take the Chair.
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, unless you insist, otherwise, as I said, we have made considerable progress and we could really begin in earnest.
    Mr Speaker 12:15 p.m.
    Maybe, we can do sometime more meaningful if we come back at 2.00 p.m.
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, we are in your hands.
    Mr Speaker 12:15 p.m.
    Very well.
    We definitely appreciate the fact that there are certain difficulties which are arising, but I would prefer that we come at 10.00 a.m., do what we can and then take some small time and then come back at 2.00 p.m., for example -- so that when we say 10.00 a.m., we mean it.
    We shall take a short break.
    Hon First Deputy Speaker, sorry, but we would go back together.
    12.19 p.m. -- Sitting Suspended.
    4.15 p.m. — Sitting resumed.
    Mr First Deputy Speaker 12:15 p.m.
    Hon Members, welcome back to the House.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, I believe we can at this time continue with the continuation of the Minerals Income Investment Fund Bill, 2018. Just so that we do not have any hiccup, I would propose that we start off from clause 11. Some issues have been raised with clause 7, and so we can have time to have a second look at that. So let us begin from clause 11.
    Mr First Deputy Speaker 12:15 p.m.
    Very well.
    Available leader at the Minority bench, what is your comment on that; proposal to start from clause 11?
    Mr Joseph Yieleh Chireh 12:15 p.m.
    Mr Speaker, yes. The Hon Majority Leader has also been the leader for the winnowing and so if he says we should start from that clause, who am I to say no?
    Mr First Deputy Speaker 12:15 p.m.
    Very well.
    BILLS — CONSIDERATION STAGE
    Minerals Income Investment Fund Bill, 2018

    Clause 11 — Disclosure of interest.
    Mr Speaker, the new rendition would now read 12:15 p.m.
    “11 (1) A member of the Board who has an interest in a matter for consideration by the Board shall”
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 12:15 p.m.
    Mr Speaker, I beg to move clause 11 subclause (1) paragraph (a), line 1, delete “promptly” and after “interest” insert “in writing”.
    Mr Speaker, the new rendition would now read 12:15 p.m.
    “(a) disclose the nature of the interest in writing and the disclosure shall form part of the record of the consideration of the matter; and”
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 12:15 p.m.
    Mr Speaker, I beg to move, clause 11- add the following new subclause:
    “(2) Where a member of the Board who has an interest in a matter for consideration by the Board makes an oral disclosure of the interest, the Chairman shall request the member to make a written disclosure of the interest.”
    Mr Kyei-Mensah-Bonsu 12:15 p.m.
    Mr Speaker, the methods being employed by the Hon Chairman of the Finance Committee are assisting us to move very fast and I commend him for that.

    Mr Speaker, just a little bit of explanation for the amendments that are being proposed would help us greatly.
    Mr Chireh 12:15 p.m.
    Mr Speaker, the problem is that, because it was winnowed, those of us who may even have issues to raise, particularly, the last amendment that he made with regard to inserting a new clause —
    Once we have stated that in writing in the first place, I do not see why we should now insert another clause which requires oral disclosure. It is not necessary because we have already been told in clause 11, paragraph (a) by the amendment we made that the interest should be in writing.
    Why are we now asking the person to declare that orally and then put it into writing? It does not matter. It means that anybody who has an interest must write. That is the meaning of what we have done in (2).
    So we should not open another oral declaration of interest. This is because, we said “in writing”. If the person intends to do so, he or she would consult the chairman and he would put it in writing.
    We do not have to insert another one which says, “Where a member of the Board who has an interest in a matter for consideration by the Board makes an oral disclosure of the interest, the Chairman shall request the member to make a written disclosure of that interest.”
    Mr Speaker, I think that it is not necessary at all. We should not insert any new clause.
    Alhaji Inusah A. B. Fuseini 12:15 p.m.
    Mr Speaker, for the understanding of my Hon Colleague who just raised the issue, we are looking at a situation where in the course of a meeting, a matter comes up which was not on the agenda of the meeting — not advertised -- and then a member has an interest and so declares orally that he has an interest.
    We are saying that for evidential purposes, that disclosure must be communicated to the chairman in writing so that it becomes part of the record.
    Dr Assibey-Yeboah 12:15 p.m.
    Hon Member for Tamale Central, where in this new subclause (2) does it come out that it is a matter that has just arisen? This is because, what is in the opening phrase is, “a matter for consideration” and repeated here. Where has it been established as a new matter that has just come up at a meeting?
    Mr Chireh 12:15 p.m.
    Mr Speaker, I still think that there is no need for that. Otherwise, people who have interest should have known by the agenda. If I am a member of a Board and the agenda of the Board is circulated, I should know that something is on that I must be interested in.
    That is why I am saying that once, we qualify the one in writing, there would be
    no need to have this one again. This is because we should not encourage people who have the agenda, come pretend they did not know and when the matter comes up, then they say they would disclose it orally. One must read the law before becoming a member of the Board.
    Mr Rockson-Nelson E. K Dafeamekpor 4:25 p.m.
    Mr Speaker, I am minded to support the position of Hon Yieleh Chireh.
    Mr Speaker, in addition to that, you would see that the Hon Chairman of the Committee is simply asking us to add the following as a new subcluase, that is subclause (2). But indeed, we already have a subclause (2) to clause 11.
    Mr First Deputy Speaker 4:25 p.m.
    Hon Member, that I intended to deal with after we are done. I have directed the draftspersons to arrange it well so let us settle on whether we want the new subclause 2 or not.
    Mr Dafeamekpor 4:25 p.m.
    Mr Speaker, I am minded to support the position of Hon Yieleh Chireh to the effect that, because item 3 has already been carried to the effect that any disclosure of interest has to be in writing, this presently proposed amendment makes it superfluous. It is not needed.
    Mr Banda 4:25 p.m.
    Mr Speaker, we proposed this new rendition having taken cognisance of the fact that clause 11 (1) (a) must be in writing. But we cannot envisage all circumstances or situations which would be completely captured by the agenda of the meeting.
    In the process of the meeting, something new may crop up in respect of which a member of the Board may have an interest which may not have been
    Mr First Deputy Speaker 4:25 p.m.
    The issue truly is, what unexpected matter can arise when the agenda would have been advertised and members would have an agenda? It is not the privileged situation where a matter coming from outside impinging on the work; for example, if in this Chamber somebody suddenly decides to insult the Rt Hon Speaker and a matter probate arises, that would not have been envisaged.
    But when you put out an agenda for a meeting, what can suddenly arise out of the agenda such that there would be need to say that in the course of this meeting, something one did not know emerged? That appears to be the issue which is informing this discussion and I would want to be abreast of that.
    Mr S. Mahama 4:25 p.m.
    Mr Speaker, two fundamental things underpinned why we introduced the new subclause 2. The first is the use of the word “under” which we actually amended and replaced with “for”. “An interest in the matter under consideration” and “an interest in the matter for consideration” have two different meanings.
    Mr First Deputy Speaker 4:25 p.m.
    Hon Member, sorry. Let us finish dealing with this whole subclause (2).
    Mr S. Mahama 4:25 p.m.
    Very well.
    Mr Speaker, it moves on with that and that was the reason the subclause was introduced. So the amendment deleting “under” and replacing it with “for” presupposes that the matter is advertised -- “a matter for consideration”.

    Mr Speaker, again, because we amended “in writing”, initially, subclause 11 (a) (1) did not have “in writing”. So, I am tempted to go with Hon Yieleh Chireh that once we have amended “the interest now in writing”, we should abandon the new subclause.

    I thank you.
    Mr First Deputy Speaker 4:25 p.m.
    Hon Majority Leader, I would hear you now.
    Mr Kyei-Mensah-Bonsu 4:25 p.m.
    Mr Speaker, the Hon Shaibu Mahama has really raised the issue.
    Mr Speaker, in the course of a meeting, an agenda would have been generated. So that is the matter for consideration at this meeting -- these are the matters for consideration. When one attends the meeting, in the course of the deliberation,
    ancillary matters could ensue which one might not have even thought of or anticipated for.
    But when they come, then as a member, participating in the deliberation, the person now realises that, “No; with this I must declare my interest. I have an interest in this matter and on account of that, I would want to recuse myself”.
    What we are saying is that for evidential purposes, when we go, the individual would now have to reduce it to writing so that it becomes part of the recorded minutes of that meeting that the individual recused himself orally and subsequently brought a letter to that effect. So that provides evidence for the meeting. That is the import of that and I believe that it should be very clear to the Hon Yieleh Chireh who is an old guard.
    Mr Chireh — rose --
    Mr Kyei-Mensah-Bonsu 4:25 p.m.
    Mr Speaker, we have the new generation who visited United Kingdom and they have just come back and they support this position. [Laughter] The old guard is trying to be very dogmatic. May I appeal to him that he resumes his seat so that we move fast with this?
    Mr First Deputy Speaker 4:25 p.m.
    I would listen to the old guard and then come to the Hon Chairman of the Committee.
    Yes, Hon Chireh?
    Mr Chireh 4:25 p.m.
    Mr Speaker, the Hon Chairman of the Committee was up; and I know that the Chairman was going to take a cue from my suggestion and withdraw the new insertion.
    Mr Speaker, but the Hon Majority Leader who just spoke made an argument which is not correct. If I entered a meeting and I suddenly realise that I have an interest to something under discussion, all I do is not to even declare but to walk out and quickly put into writing my interest because that is already provided for.
    Good governance principles -- The danger to what they are proposing to this law is that somebody can also deliberately know he has an interest in the advertised agenda, keep quiet, attend a meeting and when he has heard a few things about it, then he would say he has interest.
    That is going to be insider trading if that were at the stock exchange. So, I say let us not provide an avenue to be exploited by other people; there is no need for it.
    Dr Assibey-Yeboah 4:35 p.m.
    Mr Speaker, I also agree that there is no need for this new subclause 2, because here again, the expression being used is “for consideration”. We have not even captured this as “under consideration”. In the first instance, it is a matter “for consideration”.
    Here again, in subclause 2 it is a matter “for consideration”. So, it is not even clear that this one is addressing a matter that has suddenly come up.
    If it were the case that we had here “under consideration”, then we would be referring to a matter that just comes up at a meeting. [Interruption] -- In the first instance, we had changed it to, “for consideration”.
    Mr Kyei-Mensah-Bonsu 4:35 p.m.
    Mr Speaker, let me provide some information. What even caused the Hon Chairman of the Committee on Finance to lead this House to --?
    First of all, the matter was jointly considered by the Committees on Finance and Constitutional, Legal and Parliamentary Affairs. When we came to winnowing, he was not even there. [Laughter] -- He cannot pretend to be the owner of this amendment and he should not do that at all.
    Mr First Deputy Speaker 4:35 p.m.
    Hon Majority Leader, from the records, the owner of the amendment is the Chairman of the Finance Committee. So, I cannot explain how the Chairman of the Constitutional, Legal and Parliamentary Affairs Committee could not own it. [Laughter]
    Chairman of the Finance Committee is the owner.
    Alhaji I.A.B. Fuseini 4:35 p.m.
    Mr Speaker, I believe the Hon Chairman of the Committee on Finance is right to the extent that we are using the same words for different situations.
    He is right to that extent. But because we have used “for consideration” which envisages a situation where there is prior notification, we cannot use “for consideration” which envisages the same situation where an oral disclosure could occur. He is right and that calls for an amendment to deal with the situation which has not been advertised.
    Mr Speaker, indeed, when he advocated on the Floor, he actually amended his own
    advertised amendment by saying that, if it had been “under consideration” that would be different. That is the sense. So I propose that we delete “for” and insert “under”. That is all.
    Mr Dafeamekpor 4:35 p.m.
    Mr Speaker, I thank you for the opportunity.
    Mr Speaker, I differ with the position presently canvassed for by the Hon Ranking Member. The amendment as carried in item numbered (III) takes care of all these propositions.
    What is the nature of the interest? Just declare so in writing. We do not have to legislate that; if one has an oral interest, he must say so before he complies with the law in writing.
    Mr Speaker, when we say, “a matter for consideration”, as it has been said, that is prior notice. But if it is “under consideration” and it comes up -- Sometimes, the interest is such that, one does not even have to recuse himself from the meeting.
    One would have still fully participated in the meeting but in compliance with the law, he just has to register that interest formally in writing.
    To say that we must legislate that, if one has an interest when a matter comes up -- For instance, in discussing a miscellaneous matter in a meeting, the person must say so orally before the Chairman of the Committee directs the person to go and do so in compliance with the law when the law already says that whichever interest one has in the matter whether corpus rea or in corpus rea, he or she must just make sure to do so formally on paper and bring same.
    It is superfluous. We do not need this. The law is already saying, whatever interest one has, he should register it in writing and bring it in compliance with the law. We do not have to legislate further
    that if a person has an interest the person declares orally --
    Mr Speaker, we have not even defined what an interest is in the Interpretation section. [Interruption.] No, we have not!
    Mr First Deputy Speaker 4:35 p.m.
    Hon Member, your point is well made. Hon Members, let us look at the text of the proposed amendment of clause 11 (2) again. It states and I quote:
    “Where a member of the Board who has an interest in a matter for consideration by the Board makes an oral disclosure…”
    Now, when we come to clause 11 (1) (a), it states:
    “…disclose the nature of interest in writing.”
    That is a fiat. If you have an interest, declare it in writing. Then we come down again and say where a person who has an interest should disclose it orally. We have already said one could only declare it in writing. So, there is no need to give any leeway for people to choose to declare orally before they are directed to put it in writing. I believe this is not necessary.
    Mr Iddrisu 4:35 p.m.
    Mr Speaker, I could not agree more with you. Probably, I should provide further explanation.
    Conflict of interest, as established through research, has been the most veritable source of corruption. So, we should not just treat the amendment as if we were dealing with conflict of interest at the Board level.
    That is why in the 1992 Constitution, there are specific provisions. We should not give one that opportunity.
    We all know that if contracts were to be awarded to friends and family members, it would offend that rule. If one is on a Board, it is a privilege. So, it is part of the protection of the trust reposed in the person of some fiduciary obligation. So, I agree with you that the second part is not necessary because the first part states that if one has an interest, he should declare so in writing.
    Most often, they would go and take ownership of the issues and facilitate them. So, people take advantage.
    Mr Speaker, we know how much will be in the Minerals Income Investment Fund. If we take ten per cent of the stability and equity agreements, there would be huge sums. Even if a bond were issued in a foreign country, the probability that we may use this as a vehicle to do it becomes very high. So, I agree with you.
    Mr Speaker, I would further plead with the Hon Lawyer Dafeamekpor to abandon his proposition. I thank you.
    Mr Kyei-Mensah-Bonsu 4:35 p.m.
    Mr Speaker, the position of the Hon Minority Leader strengthens the need for this new amendment. [Interruptions] He says he agrees with the Hon Chairman of the Committee on Finance. [Interruptions] Oh, all right. I now understand.
    Mr Speaker, we are dealing with two things at the same time; one is an advertisement on the agenda for consideration by the Board. So, the agenda is in general terms. If one has interest, he declares so in writing.
    But this one is a matter that suddenly arises in the course of the consideration of the matter. We are of the view that, even if that is the reason, once one gets to know
    Mr First Deputy Speaker 4:35 p.m.
    But Hon Majori ty Leader, the issue s t i l l generates.
    Already, we have issued a fiat in clause 11 (1) (a).
    Mr Kyei-Mensah-Bonsu 4:35 p.m.
    Mr Speaker, with respect, clause 11 (1) (a) says and with your permission, I quote:
    “A member of the Board who has an interest in a matter under consideration…”
    Mr Speaker, the matter for consideration is the agenda that is given to them. If one has interest, he makes a declaration whether at home or anywhere. But then one may think that he or she does not have interest because a matter to be discussed does not concern him.
    Mr First Deputy Speaker 4:45 p.m.
    Hon Majority Leader, that is where I disagree with you. Let us read the text again:
    “Where a member of the Board who has an interest in a matter under consideration by the Board makes an oral disclosure…”
    So it is only in the event of the person making an oral disclosure, but we have already said that he cannot. So that event should not be created; we should not make room for the event of a member with an interest to make an oral disclosure.
    Mr Kyei-Mensah-Bonsu 4:45 p.m.
    Mr Speaker, when we come to clause 11 (1)(b), it says and I beg to quote:
    “(1) A member of the Board who has an interest in a matter under consideration by the Board shall
    (b) not be present at, or participate in the deliberations…”
    One could only participate if he or she is present. The person then did not know that he had an interest, so he was there to participate in the deliberation. The matter then arose, and he got to know that he had an interest in it.
    Mr First Deputy Speaker 4:45 p.m.
    The text does not suggest that. The text clearly says:
    “Where a member of the Board who has an interest in a matter under consideration by the Board makes an oral disclosure...”
    It is “Where a member…makes”, so here, it is the member who has the choice, in subclause (2), whether to put it in writing or to make -- “Where a member …makes”. So, if the member decides to do so orally, then the chairman directs him to put it in writing.
    From the beginning, direction has been given by the law that it should be put in
    writing. So there should not be any occasion where a member decides to state it orally before he is directed.
    Mr Kyei-Mensah-Bonsu 4:45 p.m.
    Mr Speaker, the difference is that if a matter is under consideration or that business is being transacted and then something crops up, what is the person to do? There would the person sit and start writing before a declaration is made? Once --
    Mr First Deputy Speaker 4:45 p.m.
    That is not what the text says. The text does not say that something happened unexpectedly or a matter arose in the course --
    Mr Kyei-Mensah-Bonsu 4:45 p.m.
    Mr Speaker, that is the new subclause (2), which Hon Inusah Fuseini has now further amended. He said that it should now read:
    “Where a member of the Board who has an interest in a matter under consideration …”
    That is the distinction; “…for consideration…” and “…under consideration…”
    Mr First Deputy Speaker 4:45 p.m.
    That is where I disagree with you.
    Mr Kyei-Mensah-Bonsu 4:45 p.m.
    Mr Speaker, respectfully you are not a --
    Mr First Deputy Speaker 4:45 p.m.
    I am not part of the debate, but we should not -- [Laughter.] What we have captured here is different from what we would want to represent.
    Dr Assibey-Yeboah 4:45 p.m.
    Mr Speaker, how about going back to clause 11(1) to say that:
    “A member of the board who has an interest in a matter for or under consideration…”
    Alhaji I.A.B. Fuseini 4:45 p.m.
    Mr Speaker, it is true -- this provision has generated debate because we have made two important amendments to clause 11(1) (a) by the deletion of “promptly”. That gives the member time to reduce it into writing.
    By the insertion of “in writing”, it appears to foreclose -- If we leave out “promptly” and “in writing”, the drafters ought to -- If we leave the two amendments out, then the provision is not exclusive to declaration in writing. It means that it envisages oral declarations too. If we do not amend that, it would mean that it could be in writing or it could be done orally.
    We have now amended it to foreclose the declaration or the disclosure to writing. By that, we have left a lacuna; where a matter is under consideration and there is the need for disclosure, what happens? In fact, subclause (2) is intended to address that lacuna.
    That is why when we read clause 11(1) (a), as it is in the original rendition, the disclosure could be in writing or oral. The amendment has foreclosed oral disclosure and limits it only to writing. We are left with a situation where a declaration is made in the context of a matter under consideration. How do we treat it?
    Mr First Deputy Speaker 4:45 p.m.
    Hon Ranking Member, please read the text; does that suggest what you said?
    Alhaji I.A.B. Fuseini 4:45 p.m.
    Mr Speaker, that was the intendment.
    Mr Fredrick Opare-Ansah 4:45 p.m.
    Mr Speaker, the issue missing in this amendment is the fact that it tries to cater
    Mr Banda 4:45 p.m.
    Mr Speaker, I am still of the opinion that the proposed amendment is valid. We have already spoken about a matter suddenly arising.
    If we read clause 11(2)(a), it makes a nondisclosure of an interest an offence, so that in a situation where a matter suddenly arises, if we would want to insist on a written declaration of an interest subsequent to the oral declaration, a member who has an interest and does not immediately disclose that interest would be caught by clause 11(2)(a).
    Mr Speaker, it is in view of this that we seem to insist that in a situation where a matter suddenly arises, then that member is obliged to immediately make the oral disclosure in order not to be caught by clause 11(2)(a).
    Mr First Deputy Speaker 4:55 p.m.
    Do you still want us to look at whether the text of the newly proposed subclause (2) captures what we intended? I think it does not and that is the point I am drawing Hon Member's attention to.
    So, if our intention is to deal with a matter suddenly arising, then we have to re -- What he attempted to do but which was not clear, was to let us just focus and clean it up. As it is now, it does not capture that intention.
    Mr Chireh 4:55 p.m.
    Mr Speaker, I think that the Hon Chairman was trying to help these people, but as a matter of principle and procedure, I do not know which amendment they are talking to. They suddenly changed “for consideration” to “under consideration” and we did not vote on that. The suddenly arising, which we did not vote on -- So it cannot be part of any amendment.
    Mr Speaker, I believe that the Hon Chairman, in order to satisfy you, said that we should go back to clause 11(1) (a) and say; “for consideration or under consideration” and therefore close it.
    The important thing I am saying here is that this is an investment activity we want to govern; in it, there is a policy document in clause 40, good-governing principles which should be adhered to.
    All along, it is not that the drafters forgot about that “sudden arising of the issue” but that should be discouraged,
    because as I said early on, what we should not encourage is that somebody is aware of something and because he has read this law, he comes in and in the discussion, he suddenly says that if it is so, the person should go out and write.
    Mr Speaker, we do not need to put it in any law. If we do that, we would be encouraging people who would come and sit and take part in the discussion and certainly say that it is something that has arisen. What has arisen in terms of making a decision about investing money or taking money to do something?
    In fact, if you look at this Bill, it is one that will be controversial if we introduce this. We need to be guided by the governance principles and corporate governance in this country before we introduce this. This suddenness of an issue arising does not normally occur; the agenda and the discussion cannot just generate -- and later -- Would they be given examples of a company I owe or do not owe?
    A board member coming to a meeting should know that this is an area they are talking about; it is about gas production or so that we want to invest in. so if the member owns a gas production facility how can that suddenly be “arising”?
    It cannot be a conflict situation and so I am still saying that if we introduce it, there is no problem; but we are complicating the good governance principles that we have already been adhering to, where somebody can sit and suddenly say that this matter has suddenly arisen. How can it arise suddenly? If it is so, the whole board would have to put it away and fix another date.
    Mr Speaker, so that if they insist, let us put the Question and then we would see who would win in this debate; but we will be making a bad law if we do so.
    rose rose
    Mr First Deputy Speaker 4:55 p.m.
    Hon Chairman, I will give you the -- All right, let me listen to the Hon Member for Suhum and then -- Hon Tinyase, would you want to contribute? Sorry, after the Hon Member for Suhum, I will come to you before I give the final word.
    Mr Opare-Ansah 4:55 p.m.
    Mr Speaker, the issues raised by the Hon Member for Wa West -- I did not Arise in this particular instance because the clause 11 (1) adequately captures those ones. It has spoken about items that have been listed for deliberations.
    So, if you own a certain business or have an interest and these matters were listed, you would know before you go to the meeting; and so that person cannot pretend not to know and sit in the meeting and say that it suddenly arose. The clause 11(1), would capture that person in that sense.
    Mr Speaker, the sense of clause 11(2) is that in the regular course of business of a board, matters do arise and this is saying that if you are in that meeting and a matter arises, and you are possibly the only one at that time who would know that you have an interest in the matter but subsequent to the meeting, others may know then that you took part in deliberations that you had an interest in.
    This provision is to deter that from occurring. It says that if you are in a meeting and you suddenly realise that you have an interest in a matter under
    Mr Ohemeng-Tinyase 4:55 p.m.
    Mr Speaker, thank you for the opportunity.
    Just as it has been said by one of the Hon Members who spoke to this issue, in going to a board meeting, we always have the agenda before we get to the meeting and all matters to be discussed will be known by the members before they even enter the boardroom.
    In a special case where we have an investment fund which will be mainly dealing with investments, any member of the board going into the boardroom will know the areas that are of interest to him and the need to declare his interest.
    Mr Speaker, normally, the interest does not suddenly arise and if it has ever happened, we are yet to know. So whoever is going for a board meeting and matters of these financial nature where investment decisions are concerned, if the investment is going to be in a company in which he is a shareholder, he would know.
    If it is in a setup which is a subsidiary to his earlier company or any financial interest he has, that board member should know.
    So, ordinarily and in practice at board meetings, the issue is that a person declares in writing, the person's interest, and the purpose is that the person abstains from discussions on the issue such that the person will not be found fallible on matters connected with that.
    It also goes with all agreements in situations where people are connected as third parties or main parties. A person definitely has to declare; otherwise, the person is found culpable.
    Mr Speaker, so I believe that the amendment should remain as it is, that whoever is going for a board meeting knows of it and should declare their interest in writing.
    Dr Assibey-Yeboah 4:55 p.m.
    Mr Speaker, finally, I am abandoning the new subclause (2) and then going back to clause 11(1) to insert “for or”. So, it will read:
    “A member of the Board who has an interest in a matter for or under consideration by the Board shall
    …”
    Mr Speaker, that would be the final rendition.
    Mr First Deputy Speaker 4:55 p.m.
    Hon Members, the proposed new rendition is to go back to clause 11(1) and amend it further by inserting “or under” after “for”.
    Mr Opare-Ansah 4:55 p.m.
    Mr Speaker, that is not a workable solution at all. If you take his new proposal, it will read;
    ‘A member of the Board who has an interest in a matter for or under consideration shall …'
    Mr Speaker, I would want you to jump to clause 11(1) (b) 4:55 p.m.
    “not be present at, or participate in
    …”
    Mr Speaker, if you are not present at a meeting, how does the matter under consideration arise?
    We have all agreed here that that one arises only when the person is already present at the meeting. That is the difficulty in amending --
    Mr First Deputy Speaker 5:05 p.m.
    Hon Member, sorry. Could you make yourself clearer?
    Mr Opare-Ansah 5:05 p.m.
    Mr Speaker, earlier, when we were discussing his previous proposal, we all agreed here that the essence of that provision is to cater for someone who is already at the meeting and a matter arises suddenly. Now, clause 11 (1) (b) says that -- this was couched with the understanding that the person has prior knowledge and so he would not even attend the meeting.
    Now, they want to amend the preamble in clause 11 to include “for” and “under” and it would make the reading of subclause (b) difficult.
    Mr First Deputy Speaker 5:05 p.m.
    I do not think so because we are looking at alternative situations. If it was “for” and you knew beforehand, then you would disclose so that you do not participate. If it was “under”, then while you were a part of the meeting and a matter arises then you disclose and leave the meeting.
    rose
    Mr First Deputy Speaker 5:05 p.m.
    If you would just repeat what we know then we would proceed and vote on the matter.
    Mr Dafeamekpor 5:05 p.m.
    Mr Speaker, to support your position -- [Interruption.]
    Mr Speaker, his fears are taken care of under clause 11 (2) (b) where it says that if the person “is present at, participates in, or votes on a decision of the Board …”
    So, if the person is not there, then it becomes immaterial.
    Mr First Deputy Speaker 5:05 p.m.
    Hon Members, I would put the Question on the new clause 11 (1) which reads:
    “A member of the Board who has an interest in a matter for or under consideration by the Board.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:05 p.m.
    So, the amendment proposed and advertised as item (iv) has been abandoned.
    Dr Assibey-Yeboah 5:05 p.m.
    Mr Speaker, I beg to move clause 11 subclause (2), paragraph (b), line 1, delete “participates in” and insert “or participates in the deliberations of a meeting”.
    Mr Speaker, the new subclause (2) paragraph (b), line 1 would read 5:05 p.m.
    “is present at, participates in the deliberations of a meeting or votes on the decision of the Board in respect of that matter.”
    Mr First Deputy Speaker 5:05 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 11 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 5:05 p.m.


    Clause 12 -- Establishment of committees
    Dr Assibey-Yeboah 5:05 p.m.
    Mr Speaker, I beg to move, clause 12 subclause (2), lines 1 and 2, delete “unless the Board delegates its power to the committee”.
    Mr Speaker, the new rendition would be, “A committee of the Board shall be advisory.”
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 5:05 p.m.
    Mr Speaker, I beg to move clause 12 subclause (3), line 1, delete “non-member of the Board” and insert “person” and in line 3, delete “depose” and insert “subscribes”
    Mr Kyei-Mensah-Bonsu 5:05 p.m.
    Mr Speaker, the second part of the amendment is very germane but I believe the Hon Chairman would abandon the first part which is the deletion of “non-member of the Board” and the insertion of “person”. Mr Speaker, because in clause 12 (1), the word used is “non-member” and so he should rather delete “depose” and insert “subscribes”. The first part with the “non-member of the Board” should hold.
    Mr Speaker, so that subclause (3) would read 5:05 p.m.
    “A non-member of the Board who is appointed to a committee of the Board shall be subject to the disclosure requirements under section 11 and shall subscribe an oath of confidentiality.
    The word is “subscribe” not “subscribes”.
    Mr Speaker, I beg to further delete “subscribes” and insert “subscribe”.
    Mr First Deputy Speaker 5:05 p.m.
    Hon Member for Wa West?
    Mr Chireh 5:05 p.m.
    Mr Speaker, I believe that I support the further amendment being moved by the Hon Majority Leader, but when would this oath be administered?
    Mr Speaker, people are co-opted to participate in Board meetings but in this particular case it is a committee. If we come to clause 13 which sets up a permanent committee, it is important that this is done.
    But as he is saying, the word should not be “subscribe” because we have used “shall”. So, it could only be “shall subscribe” to the oath. I believe that the further amendment should be taken.
    Mr First Deputy Speaker 5:05 p.m.
    Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs?
    Mr Ben Abdallah Banda 5:05 p.m.
    Mr Speaker, not to necessarily oppose the amendment with respect to the deletion of “depose” and the insertion of “subscribe”, I just want to say that when we read the language of article 57(3) of the Constitution, it uses the word “take”.
    It says “shall take and subscribe” so I would want to further propose that we add “shall take and subscribe to an oath of confidentiality” if we want to go strictly by the language of the Constitution.
    Mr First Deputy Speaker 5:05 p.m.
    Hon Members, he is further proposing that we add “take and”.
    Dr Assibey-Yeboah 5:05 p.m.
    Mr Speaker, I just want to draw your attention to the fact that we are abandoning the first part of the amendment.
    Mr First Deputy Speaker 5:05 p.m.
    Kindly read the new rendition so I would put the Question.
    Dr Assibey-Yeboah 5:05 p.m.
    Mr Speaker, it would read:
    “A non-member of the Board who is appointed to a committee of the Board shall be subject to the disclosure requirements under section 11 and shall take and subscribe to an oath of confidentiality.”
    Question put and amendment agreed to.
    Clause 12 as amended ordered to stand part of the Bill.
    Clause 13 -- Establishment of the Investment Advisory Committee
    Dr Assibey-Yeboah 5:15 p.m.
    Mr Speaker, I beg to move, clause 13 -- line 2, after “Committee” insert “and referred to in this Act as the ‘Advisory Committee'”.
    Mr Speaker, this is so that going forward, we would not repeat all of the “Investment Advisory Committee” but just limit it to “Advisory Committee”.
    Question put and amendment agreed to.
    Clause 13 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 5:15 p.m.
    In view of this amendment, I direct that anywhere in the Bill that “Investment Advisory Committee” appears, we shall refer to it as the “Advisory Committee” so that we do not have to keep amending them as we go along.
    Clause 14 -- Appointments of members of the Advisory Committee
    Mr First Deputy Speaker 5:15 p.m.
    Hon Chairman, I am waiting for you.
    Dr Assibey-Yeboah 5:15 p.m.
    Mr Speaker, before I move the amendment, I was saying that we are using Advisory Committee for Investment Advisory Committee after clause 13 but if it so appears after clause 13 -- [Interruption.]
    Mr First Deputy Speaker 5:15 p.m.
    I said consequent upon the amendment.
    Dr Assibey-Yeboah 5:15 p.m.
    Mr Speaker, I beg to move, clause 14 subclause (1), line 2, delete “and” and insert “who”.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 5:15 p.m.
    Mr Speaker, I beg to move, clause 14, subclause (3), delete and insert the following:
    “Members of the Committee shall elect one from among themselves as chairman.”
    Mr First Deputy Speaker 5:15 p.m.
    Item numbered (x) is in the name of the Hon Minority Leader.
    Mr S. Mahama 5:15 p.m.
    Mr Speaker, I seek your leave to reluctantly move that one. [Interruption.]
    Mr First Deputy Speaker 5:15 p.m.
    So, I strike it down since you are reluctant. [Laughter.]
    Mr S. Mahama 5:15 p.m.
    Mr Speaker, I seek your leave to move the proposed amendment for and on behalf of the Hon Minority Leader.
    Mr First Deputy Speaker 5:15 p.m.
    Why should it be the members and not the Minister? The mover of the proposed amendment, could you justify this policy shift?
    Mr S. Mahama 5:15 p.m.
    Mr Speaker, I presume that -- [Interruption.]
    Mr First Deputy Speaker 5:15 p.m.
    Very well. Hon Members, he is reluctant so -- [Laughter]. Let me listen to the Hon Member for Kade.
    Mr Ohemeng-Tinyase 5:15 p.m.
    Mr Speaker, I subscribe to the view that it is the members who should elect their chairman. Most often, for reasons best known, Ministers or people of higher authority, in a committee like this, appoint somebody not on the basis of credentials or performance.
    However, when members themselves consult and elect, they are likely to get somebody they all have confidence in, one who can command and bring along members of the committee into deli- berations on issues at stake and do it diligently based on their professional knowledge and practical experience.
    Mr First Deputy Speaker 5:15 p.m.
    Yes, Hon Member for Wa West?
    Mr Chireh 5:15 p.m.
    Mr Speaker, I do not agree with the amendment. As you notice, this particular Bill that we are passing is a special Bill. If you go through it, indeed, we did not even need to have a Board.
    This is something that the Minister for Finance plays a key role in. If we allow the members of the Board to elect the chairman among themselves, it would be difficult for the person if he does not agree with the Minister.
    But this particular function is one where you require the confidence -- and when people realise that it was the Minister who appointed, -- the Minister should also be encouraged to look for specialist or people who are professionals and versed in that area. That link that the Minister eventually appointed the person from would give leverage to how they can consult.
    This is not another committee. The work has to be intimately done with the Minister because even if we look at the Board and some of the provisions, after the Board has considered this, they should have the approval of the Minister. That is why I think the chairman must be the choice of the Minister.
    In committees like this, I do not think we should open it for another election. If you elect and the person says he or she has the authority of his colleagues, there would be a big problem.
    Mr First Deputy Speaker 5:15 p.m.
    Hon Muntaka, they should go and ask the President of the Pan-African Parliament -- [Laughter] -- whether his choice cannot be removed without reason.
    Yes, Hon Minister for Monitoring and Evaluation?
    Dr Anthony A. Osei 5:15 p.m.
    Thank you, Mr Speaker.
    I support my senior colleague here. There is a reason to give the Minister the discretion to appoint the chairman. As he
    said, it is a very special committee, and the Minister needs to ensure that his appointee is doing the dictates of Government's policy.
    It is a very important instrument that Government wants to use. We want to make sure that the Minister has a say as to who directs the affairs of the Committee, so I think he is very correct.
    This is a very serious policy matter that was debated at length at Cabinet. It was decided by members of Cabinet that this is very important.
    Mr Agbodza 5:25 p.m.
    Mr Speaker, I support the amendment.
    First of all, the fears of Hon Yieleh Chireh do not arise here. In the first place, the decision of the Advisory Committee is not the Chairman's decision. It is a collective decision, so to say that once the Chairman is elected from his or her peers, that decision would be the Chairman's decision does not come in.
    Secondly, if the Minister actually wants an independent professional advice, then he should not be so much interested in making the Chairman necessarily somebody he can work with, because this Committee is supposed to give the Minister an independent professional advice in terms of investment. The Minister should not be looking for somebody who would do what he likes.
    So I am surprised that my Senior Colleague is saying that the idea is to get somebody who the Minister is comfortable with. Then in that case, it becomes even a threat to the functions of the Advisory Committee.
    So I believe we should maintain the amendment. It is a good decision.
    Alhaji I.A.B. Fuseini 5:25 p.m.
    Mr Speaker, first of all, this is an investment -- [Interruption.]
    Dr A . A. Osei 5:25 p.m.
    -- [Inaudible] --
    Alhaji I.A.B. Fuseini 5:25 p.m.
    Mr Speaker, I am supporting him. He need not speak again.
    Mr First Deputy Speaker 5:25 p.m.
    Hon Member, you have had a chance on this matter, he has not, that is why I am giving it to him.
    Alhaji I.A.B. Fuseini 5:25 p.m.
    Mr Speaker, except that that is a power, it is not a discretion. I heard him say it is a discretion. It is not a discretion, it is a power. We are giving the power to the Minister.
    This is an investment decision. Certainty is very important, and that is why we are giving the Minister the power to appoint and not limiting it to the committee who can disappoint as well.
    So with regard to certainty, who is the Chairman of this Committee? The Minister in exercise of the powers conferred on him by this provision would appoint the chairman. That is why we are opposed to this amendment.
    Mr First Deputy Speaker 5:25 p.m.
    Is there any legislation in which we have given the members the power to elect among themselves? If there is none, even sub- committees, but even in our own House here, we do not allow Hon Members to elect chairpersons from among themselves, otherwise the Hon Member for Suhum may be a chairman.
    Alhaji Muntaka 5:25 p.m.
    Mr Speaker, if you would want me to give an example, I can mention the Council of State. This is a Council that advises the President. After
    Alhaji Muntaka 5:25 p.m.


    some have been nominated and some elected, they meet and elect among themselves a chairman.

    Mr Speaker, if it is any other committee -- we are talking about an advisory committee, and we have said that the Board would do this in consultation with the Minister. I believe that the power that some of my Hon Colleagues are talking about is inherent.

    Mr Speaker, the certainty that we are talking about in terms of this important Fund would be lost, because then the Board kicking out some members would set in. But if they elect among themselves, regardless of who is the Minister, they would give a professional advice.

    We may not have many examples of committees that we have established and decided that they should elect among themselves, but let us look at the day-to- day running of Ministries, and what it has turned into, and we would acknowledge that it is a reality that we cannot ignore.

    This is because once it is an advisory committee, if Hon Fuseini goes and I come, I would also try and bring people that I think can think like me.

    If that is what he is talking about in terms of possibility of conflict and not

    getting along with the Minister, then this would equally create a worse situation, but if the composition of the membership is done in consultation with the Minister, I am sure that they would elect the one that is most competent.

    Mr Speaker, we have seen very important committees, and then because ministerial positions have been shared and Hon Shaibu has not got anything, we would say that he should just go and chair this one, meanwhile he does not have the expertise. If it should be down among themselves, they would choose someone with expertise to chair it.

    So let us look at that possibility and let us not just throw it away and say that because of the powers to appoint -- the powers to appoint could also be a source of conflict. We obviously have not had these examples, but I believe that it is worth thinking through.

    Thank you, Mr Speaker.
    Mr First Deputy Speaker 5:25 p.m.
    Hon Member for Keta, after that I would come to Suhum.
    Mr Quashigah 5:25 p.m.
    Thank you, Mr Speaker.
    Mr Speaker, it is clear that the argument advanced by the earlier school of thought which includes the Hon Ranking Member must hold sway, considering the fact that the promoters of this document, being a policy document, rests in the bosom of the President, and the Minister obviously is the representative of the President.
    If there is another creature within the ambit of the entity, which is likely to take a decision on its own, which can affect the fortunes of the Fund, then it must come under the purview of the President's direct representative, which is the Minister.
    If the Chairman of this Committee is elected by the members, and the earlier fears that were expressed should arise, it only means that even the Board cannot control it, because it is not a creature of the Board.
    It is a creature of the law. Therefore it is prudent that we look at it from the perspective of avoiding this possible stumbling block in the future by allowing the Minister, who is the representative of the President to determine who chairs it.
    That is not to say that I disagree with the wisdom in what proponents to this school of thought have said, but I think that it helps forestall a possible challenge to the forward march of the Fund.
    So Mr Speaker, I oppose the amend- ment.
    Mr Opare-Ansah 5:35 a.m.
    Thank you, Mr Speaker.
    This amendment must not be entertained at all. It is clear. If you go to the Memorandum accompanying the Bill, and you look at the intention of the proponents of the Bill in there as to the composition of the advisory Committee, their competencies, and the fact that in composing the Advisory Committee, it is the Board doing so in consultation with the Minister.
    Clearly, the only political leverage that the policymaker, which is the Ministry, has is in the appointment of the Chairman of the Advisory Committee, and that should not be taken away from the policymakers in any way.
    This is because whatever direction the Government would want to go, which might be expressed in the kind of advice that the Committee would give, depends on the who would also chair that Committee.
    That seamless working arrangement we would want to see depends on who chairs that Committee, especially if the Chairman of the Advisory Committee feels that his mandate is derived from his colleague members of the Committee. That would not sit very well with the kind of work they could deliver.
    As for the example given by the Hon Minority Chief Whip regarding the Council of State, it is most displaced. Just as Parliament, we choose who presides over us -- the Speaker and his Deputies -- it is only to emphasise the fact that we are sovereign and independent.
    This Committee is a Committee of the Board and not an independent body for them to sit and decide who chairs their activities. So it is important to ensure that the policymakers have some leverage in determining how the Advisory Committee runs its affairs. So I would urge the Hon Minority Leader, who has just surfaced, to abandon his amendment.
    Mr First Deputy Speaker 5:35 a.m.
    I intend to put the Question on this matter unless the proponent wants to withdraw it.
    Mr Iddrisu 5:35 a.m.
    Mr Speaker, I have always maintained that you cannot come to my mother's funeral and weep more than me. Therefore, this amendment --
    Mr First Deputy Speaker 5:35 a.m.
    You may not know the relationship I have with your mother, so do not assume that I cannot weep more than you. [Laughter]
    rose
    Mr First Deputy Speaker 5:35 a.m.
    Hon Minister are you on a point of order? Are you on a point of order or you want to contribute? If it is not a point of order -
    Very well, the Hon Majority says he is on a point of order.
    Mr Kyei-Mensah-Bonsu 5:35 a.m.
    On a point of order. Mr Speaker, before the Hon Minority Leader started his submission, he gave this House a very good proverb that formed the basis of his submission. What is the relevance of the proverb juxtaposed against his own submissions?
    He established the foundation and has quickly abandoned it. That cannot be right.
    Mr Iddrisu 5:35 a.m.
    Mr Speaker, in Suame, houses have collapsed on foundations. [Laughter.]
    I am just echoing that having determined the membership -- I am not saying the Minister would not play a role in the Board, it is the Minister and the Board who have determined the members. The members must go and determine their Chairman. There is nothing wrong with it.
    It cannot be the Minister who would choose the Chairman of the Advisory Committee. If there was no clause 14 (2) which says:
    “The Board in consultation with the Minister shall appoint the members of the Investment Advisory Committee”.
    That is granted, but they are going in to advise the Minister. The two would
    provide the membership. The Minister should not appoint the Chairperson. He should allow the Advisory Committee to determine its own Chairperson.
    Mr Speaker, the assumption or the best practise is that, they would know among themselves who is competent enough to chair. We should not leave that to the determination of the Minister.
    In Ghana, we leave too many things to Ministers, then they would go and look for their school friends and colleagues. They would not look for what would serve the interest of the State.
    Dr A. A. Osei 5:35 a.m.
    There are two things. Under normal circumstances, such a Board is chaired by the Minister. That is convention. However, they would only advise the Board and not the Minister, so he should take that into consideration.
    Normally, by convention, such an important Committee should be chaired by the Minister. It is just that the Minister would not have the time. So he needs somebody to be assured that what the Government intends to do, and not the Minister, is carried out by the Chairperson.
    Question put, amendment negatived.
    Dr Assibey-Yeboah 5:35 a.m.
    Mr Speaker, I beg to move, clause 14 add the following new subclause:
    “(4) A member of the Board shall not be appointed a member of the Advisory Committee”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:35 a.m.
    Hon Member, now I will put the Question on the entire clause 14.
    Mr Kyei-Mensah-Bonsu 5:35 a.m.
    Mr Speaker, we had a discussion among ourselves at the Standing Winnowing Committee, even though there is no advertised amendment. We were looking at the provisions that we came to insert when we were crafting the Office of the Special Prosecutor's Act.
    Mr Speaker, with issues relating to the qualification and eligibility of Members of Parliament, there are some provisions which we believe would be relevant in this matter.
    A person appointed to an investment fund, we believe that person should not be a person who has been adjudged or otherwise declared bankrupt. It is very relevant.
    Mr Speaker, as you said, we were thinking around it, and I do not know whether we may have to include such a provision in this. It even relates to Hon Members of Parliament. He or she must not be a person who has been convicted of high crime.
    Mr Speaker, I do not know, but if we deem it appropriate perhaps -- [Interruption.] I do not know, but we should leave it.
    Mr First Deputy Speaker 5:45 p.m.
    I am here, if you propose and Hon Members accept it, then it is fine.
    Mr Kyei-Mensah-Bonsu 5:45 p.m.
    Mr Speaker, I said that there is no advertised provision for this, but it is something that we have been thinking about when it comes to crafting such pieces of legislation.
    A member of an investment fund or may be, this Advisory Committee that we are thinking of whether or not going forward as a House, we should not be thinking about these matters.
    Mr First Deputy Speaker 5:45 p.m.
    I do not remember any Committee of the Board in which we put such a clause.
    We have never done so, but because it is assumed that the appointing authority would take into consideration the background of people in that circumstance. I do not know whether so far it has become a problem. -- Not yet, so we probably do not need to.
    rose
    Mr First Deputy Speaker 5:45 p.m.
    Yes, Hon Member for Wa West?
    Mr Chireh 5:45 p.m.
    Mr Speaker, I did not get what the Hon Majority Leader said, but if we talk about professionals being appointed, that person could only be qualified in terms of his or/her standing with the professional bodies. If the person has been debarred if he is a lawyer, if he is not up to date with his payment and he is queried -- but I do not see this bankruptcy thing that he talked about.
    Mr First Deputy Speaker 5:45 p.m.
    Hon Member, if one is an economist, one does not belong to any professional body -- economists are mentioned here.
    Mr Chireh 5:45 p.m.
    Mr Speaker, many of them are now professionalising and it is very easy for one to become a member of a professional body in Ghana. The person has to go according to the Professional Bodies Registration Act, 1973 (NRCD 143) and he would become a member of a professional body.
    Over there, they definitely have minimum standards or rules that must be followed for a person to become a professional person. One can only find out from them whether the person is in good standing and I believe that should be a better criteria for them.
    Mr First Deputy Speaker 5:45 p.m.
    Very well.
    Hon Members, while we are thinking about it, I believe we could proceed to clause 15.
    Clause 15 -- Functions of Advisory Committee
    Dr A. A. Osei 5:45 p.m.
    Mr Speaker, what she read does not follow your directives. She repeated the word ‘'Investment'', but you have directed that it should not be used any longer.
    Mr Speaker, I am not sure if she is refusing to take your directives. It would be very serious.
    Mr First Deputy Speaker 5:45 p.m.
    Hon Member, she would be advised by the Table Office.
    Dr A A Osei 5:45 p.m.
    Thank you.
    Dr Assibey-Yeboah 5:45 p.m.
    Mr Speaker, before I move the amendment, I believe because this is a Headnote, we should have the ‘'Investment Advisory Committee'' in full. [Interruption.]
    Mr Kyei-Mensah-Bonsu 5:45 p.m.
    Mr Speaker, I would want to refer the Hon Chairman of the Finance Committee to what was done in clause 1. Clause 1 is ‘'The Minerals Income Investment Fund'' and clause 1 (1) provides:
    ‘'There is established by this Act a fund to be known as the Minerals Income Investment Fund and referred to in this Act as ‘'the Fund''.
    Mr Speaker, whether it is a Headnote or a sub-note, it is the ‘'Fund''.
    Mr First Deputy Speaker 5:45 p.m.
    Hon Members, the Table Office would take note.
    Dr Assibey-Yeboah 5:45 p.m.
    Mr Speaker, I beg to move, that Headnote, before ‘'Advisory'' insert ‘'the''.
    Mr Speaker, the new rendition would read as
    ‘'Functions of the Advisory Committee''.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 5:45 p.m.
    Mr Speaker, I beg to move, clause 15 subclause (1), paragraph (a), line 1, delete “in relation to” and insert “on”.
    Mr Speaker, the new rendition would read 5:45 p.m.
    ‘'advise the Board on the formu- lation of an investment policy for the Fund''.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 5:45 p.m.
    Mr Speaker, I beg to move, Clause 15 -- subclause (1), paragraph (b), line 1, delete “in functions” and insert “the functions of the Board”.
    Mr Speaker, the new rendition would read 5:45 p.m.
    ‘'advise the Board on the performance of the functions of the Board in relation to investment decisions to be taken by the Board''
    Mr Speaker, this is the new drafting style that we have all learnt from Hon Colleagues who just returned from --
    Mr First Deputy Speaker 5:45 p.m.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 5:45 p.m.
    Mr Speaker, I would just want to propose a further amendment to what the Hon Chairman of the Committee said. ‘'advise the Board on the performance of the functions of the Board ‘in respect of', not ‘in relation to''.
    Mr Speaker, the new rendition would read 5:45 p.m.
    ‘'advise the Board on the performance of the functions of the Board in respect of investment decisions to be taken by the Board''.
    Question put and amendment agreed to
    Dr Assibey-Yeboah 5:45 p.m.
    Mr Speaker, I beg to move, clause 15 subclause (1) para- graph (d), line 1, after “Fund” delete all the words up to end of the paragraph.
    Mr Speaker, the new rendition would read 5:45 p.m.
    ‘'develop for the Board as part of the investment guidelines, the benchmark portfolio, the desire returns from and the associated risks of the Fund''.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:55 p.m.
    Hon Members, item numbered (xi) —
    Mr Kyei-Mensah-Bonsu 5:55 p.m.
    Mr Speaker, there is an omission. In clause 15 (1)(c) it was proposed to take the similar words — that phrase that has been taken out in paragraph (d).
    Mr Kyei-Mensah-Bonsu 5:55 p.m.
    Mr Speaker, Hon Nana Marfo is not in the Chamber.
    Mr First Deputy Speaker 5:55 p.m.
    He is there. [Laughter.]
    I heard him from here and that is why I advised.
    Mr Kyei-Mensah-Bonsu 5:55 p.m.
    Mr Speaker, you are right.
    Mr Speaker, I was saying that there are similar constructions in clause 15(1) (c) and it was intended to take those words, so the Hon Chairman would have to do that and then we would deal with paragraph (d).
    Mr First Deputy Speaker 5:55 p.m.
    Very well.
    Mr Iddrisu 5:55 p.m.
    Mr Speaker, I was holding my cool so that the Hon Chairman would come to item (xi), but once we are with paragraph (d) and I see an effort by the Committee to abandon the original subclause (2).
    Mr Speaker, permit me to — [Interruption.] I will relate to it.
    Mr Speaker, permit me to read this and I would then tell the Hon Chairman why he must abandon the paragraph (d).

    When we say;

    “The Investment Advisory Com- mittee shall render its advice in a

    timeous manner to enable the Board consider the advice at the relevant meeting of the Board.”

    Mr Speaker, first of all, that is not the function — [Interruption] — but we are deleting it and inserting some new words that we should not do. That is my argument, and I would come to that.
    Mr First Deputy Speaker 5:55 p.m.
    We would listen to you on that when we get there.
    Mr Iddrisu 5:55 p.m.
    Mr Speaker, I am relating it.
    Mr Speaker, let me come back, and I would make sense to you.
    Mr Speaker, clause 15 (1)(d) says, and I beg to quote 5:55 p.m.
    “develop for the Board as part of the investment guidelines, the benchmark portfolio, the desired returns from and the associated risks of the Fund taking into consideration the international best practice for investments of a similar nature.”
    We are now deleting those words to say it should become the new subclause (2) — [Interruption]. I am saying we should not take them out.
    Mr Speaker, we are saying that before they give the advice on benchmark portfolio, the desired returns should be guided by best practice for investment. I am right. I am saying that we should not end at “Fund”. Those words are still relevant — [Interruption.]I am saying that it should not belong to subclause (2).
    I have argued that subclause (d) should be deleted entirely, and they want to remove paragraph (2) and create a new subclause (2), and my argument is that,
    we should leave paragraph (d) as it is and not bring subclause (2). I have been helped.
    Are they now getting it? They should take their time. I was waiting for subclause (2), but if I do so, they would cause havoc to this legislation in paragraph (d).
    Mr First Deputy Speaker 5:55 p.m.
    Hon Chairman, the Hon Minority Leader says that you should reverse the amendment you made to paragraph (d).
    Dr Assibey-Yeboah 5:55 p.m.
    Mr Speaker, when the Hon Minority and Majority Leaders are having a goal, the Chairman of the Finance committee just sits idle. So let me leave them to tango and I would come in when they are done.
    Dr A. A. Osei 5:55 p.m.
    Mr Speaker, what the Hon Minority Leader is saying is that we do not really need subclause (2) at all and I agree with him. But we have to look at paragraphs (c) and (d) and how best to blend the words with respect to paragraph (c) and we should not be repeating it in paragraph (d). So it is either we bring it in the preamble or we let it end at the end. [Pause]
    Alhaji I.A.B. Fuseini 5:55 p.m.
    Mr Speaker, indeed, the Hon Minority Leader is right, but we were overcautious. We really wanted the advice to take into
    consideration, which is already captured in paragraph (c). So the new subclause (2) is not relevant. Actually, the phrase:
    “…taking into consideration the international best practice for investments of a similar nature” should define it.
    Mr Speaker, the proposal is to amend the preambular provision in clause 15 (1) to read as follows:
    “The Investment Committee shall, taking into consideration the international best practice for investment of similar nature (a) …”.
    Mr Fredrick Opare-Ansah 5:55 p.m.
    Mr Speaker, it is in a similar line with what the Hon Member for Tamale Central said, except that mine reads, and I beg to read:
    “The Investment Advisory Committee, taking into considera- tion the international best practices for investment of a similar nature shall,...”
    And then the itemised paragraphs, (a), (b),(c), et cetera will follow, and by also deleting the same words that come at the tail end of paragraph (c). That would cover paragraphs (a), (b), (c) and (d).
    Mr First Deputy Speaker 6:05 p.m.
    Can we go back to winnowing on this and agree on what to do? This is because the suggestions that are coming from left and right --
    rose
    Mr First Deputy Speaker 6:05 p.m.
    The Hon Chairman of the Committee would want to give the final rendition.
    Alhaji I.A.B. Fuseini 6:05 p.m.
    Mr Speaker, in the amendment, we have not said that we should delete from paragraph (c).
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, we said that.
    Alhaji I.A.B. Fuseini 6:05 p.m.
    We said that?
    Dr Assibey-Yeboah 6:05 p.m.
    Yes.
    Alhaji I.A.B. Fuseini 6:05 p.m.
    All right.
    Mr First Deputy Speaker 6:05 p.m.
    We have got the desirable phrasing.
    Amendments to clause 15 subclauses xi and xii have been abandoned now.
    Dr A. A. Osei 6:05 p.m.
    Mr Speaker, if he just abandons it, he would be making a mistake. He needs to delete subclause 2 and not just abandon it. [Interruption.]
    Mr First Deputy Speaker 6:05 p.m.
    But we have abandoned the proposed amendments here.
    I would listen to you in respect of subclause 2; I am waiting on the Chairman of the Finance Committee.
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, I beg to move clause 15 subclause 2, delete.
    Question put and amendment agreed to.
    Clause 15 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 6:05 p.m.
    Yes, Hon Member for Adaklu?
    Mr Agbodza 6:05 p.m.
    Mr Speaker, I just would want the Hon Chairman of the Committee to consider this; I know we have gone past that stage.
    If I look at clause 14, all the Advisory Committee members -- the expertise required all appear to be people in finance and economics. But this is about investments.
    Mr First Deputy Speaker 6:05 p.m.
    Hon Member, you can come on that at the Second Consideration Stage and bring your proposal that we should bring in architects; is that right?
    Mr Agbodza 6:05 p.m.
    Yes, Mr Speaker.
    Clause 16 -- Tenure of office of members of the Advisory Committee
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, I beg to move, clause 16, subclause (2), lines 1 and 2, delete “at any time”.
    So that clause 16 (2) would now read:
    “A member of the Advisory Committee may resign from office in writing addressed to the Board”.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, I beg to move, clause 16 -- subclause (3), line 3, delete “of the Investment Advisory Committee” and in line 4, delete “immediately”.
    Mr Speaker, the new rendition would read 6:05 p.m.
    “A member who is absent from two consecutive meetings of the Advisory Committee without sufficient cause ceases to be a member and shall be replaced.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:05 p.m.
    Item numbered xvi on the Order Paper Addendum standing in the name of Hon Minority Leader.
    Mr Iddrisu 6:05 p.m.
    Mr Speaker, I beg to move, clause 16 -- subclause (4), delete.
    Mr Speaker, a while ago, I got defeated when I attempted to say that this membership is a shared decision between the Board and the Minister. Now, all of a sudden, only the Board can revoke the appointment of a member; it does not sit with it.
    Secondly, it has been taken care of clause 6; what is “revocation” and what is “termination” in law? What does that imply? So, clause 6 says “The Board may with the concern of the Minister at any time terminate …” and that is why clause 4 is superfluous and should be deleted.
    Mr Chireh 6:05 p.m.
    Mr Speaker, I believe that what the Hon Minority Leader is saying makes sense but more so, who appointed the members of the Board? It was by the President. [Interruption.]
    No, you are talking about a Board member here.
    What I am saying is that, your argument then is that if they appointed the person, they can remove the person. If you say that there are two of a similar nature; one where they can remove the person and the other one, they would have to do something else before they remove him -- which one should we even delete? Or should we delete both?
    Mr Banda 6:05 p.m.
    Mr Speaker, I agree with the Hon Minority Leader on his first submission with respect to the fact that to the extent that the appointment was made by the Board in consultation with the Minister, the Board alone cannot revoke the appointment of a member of the Advisory Board.
    Mr Speaker, but I disagree with him when he says that clause 16 subclause 4 and subclause 6 are the same. They are not the same because subclause 4 is envisaging a situation where the membership of a member can be revoked without any reason. But subclause 6 is basing the revocation of the membership on non-performance or maybe incompetence.
    In the first scenario, the appointing authority can revoke without any reason -- that is what the first scenario is envisaging. But the second scenario is also envisaging a situation where a member is not performing and based on that the appointing authority is seeking to revoke the membership of that member. So, the two instances are not the same.
    Mr First Deputy Speaker 6:05 p.m.
    Hon Member, do we need the two?
    Mr Banda 6:05 p.m.
    Mr Speaker, we may maintain the first one which is subclause (4). It could as well take care of subclause (6) anyway, because if they could revoke without any reason, they could do same with a reason. So Mr Speaker, subclause (6) may be done away with.
    Mr First Deputy Speaker 6:05 p.m.
    Yes, Hon Minister for Monitoring and Evaluation?
    Dr A. A. Osei 6:05 p.m.
    Mr Speaker, though I agree with what the Hon Chairman for the Constitutional, Legal and Parliamentary Affairs said, subclause (4) must be amended to include, “in consultation with the Minister”.
    Mr First Deputy Speaker 6:05 p.m.
    Hon Member for Wa West, what again?
    Mr Chireh 6:05 p.m.
    Mr Speaker, I agree with the Hon Chairman for the Constitutional, Legal and Parliamentary Affairs that the Board could remove a member of the Advisory Committee without giving reasons. I believe that subclause (6) should go because invariably, when we do appointments with consultations and it comes to sacking, we do not consult the people.
    Mr First Deputy Speaker 6:05 p.m.
    So Hon Members, is the proposal to amend subclause (4) to include, “in consultation with the Minister”? Is that right? I ask because I do not have that amendment before me.
    Let me hear you.
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, if you look at item numbered XVII, we have it in there. So I do not know if the Hon Majority Leader would abandon his amendment because --
    Mr First Deputy Speaker 6:05 p.m.
    Hon Chairman, we would do the two. We would amend subclause (4) and delete subclause
    (6).
    So, please, move your amendment.
    Dr Assibey-Yeboah 6:05 p.m.
    But Mr Speaker, he had moved his, the reason I am asking if he could abandon it.
    Mr First Deputy Speaker 6:05 p.m.
    Yes, I believe if we move the amendment, you would have to withdraw yours otherwise we would have to take a decision on that.
    Mr Iddrisu 6:05 p.m.
    Mr Speaker, I would reluctantly withdraw but I would implore us to look at the subclauses (4) and (6) together well and cure the same defect with the role of the Board consulting with the Minister in taking the decisions appropriately.
    So, I withdraw but let me hear you.
    Mr First Deputy Speaker 6:05 p.m.
    Very well, now, you may move the amendment proposed.
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, I beg to move, clause 16, subclause (4), line 1, after “may” insert “in consultation with the Minister” and at the end of line 2, insert “except that in the case of the chairperson, the revocation shall be at the instance of the Minister”.
    So Mr Speaker, subclause (4) would read:
    “The Board may in consultation with the Minister by a letter addressed to a member revoke the appointment of that member except that in the case of the chairperson, the revocation shall be at the instance of the Minister”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:05 p.m.
    Hon Chairman of the Committee, item numbered XVIII? [Interruption.]
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, I beg to move, clause 16 subclause 6, delete.
    [Clause 16 subclause (6) ordered to be deleted from the Bill].
    Mr First Deputy Speaker 6:05 p.m.
    Hon Chairman of the Committee, item numbered XIX?
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, now that clause 16 subclause 6 has been deleted, I believe the subclause (7) should also be abandoned. [Interruption.]
    This is because we are inserting clause 16 after subclause 6. [Interruption.] All right.
    Mr Speaker, I beg to move, clause 16, subclause (7), paragraph (a), line 1, after “(6)”, insert “of section 16”.
    So clause 16 subclause (7) would read:
    “Where there is a vacancy (a) under subsections (2), (3), (4) of section 16 or subsection (2) of section 18;”
    Mr First Deputy Speaker 6:05 p.m.
    Very well, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 6:05 p.m.
    Mr Speaker, I appreciate the point raised by the Hon Chairman of the Committee on Finance, except to say that what we are dealing with comes under clause (16). So we are not talking about any other clause (16).
    So, it rather should read:
    “Where there is a vacancy (a) under subsection (2), (3), and (4) of this section or subsection (2) of section
    18;”
    Mr First Deputy Speaker 6:05 p.m.
    Yes, Chairman of the Committee on Finance?
    Dr Assibey-Yeboah 6:05 p.m.
    Mr Speaker, if we are in this section (16), why would we bring “of this section”? So it should be, “under subsections (2), (3) and (4)”. [Interruption]
    We are in section (16). So why would we say, “of this section”?
    Mr Kyei-Mensah-Bonsu 6:05 p.m.
    Why are you debating again? It is for the sake of clarity because you have introduced section
    (18).
    Mr First Deputy Speaker 6:05 p.m.
    Hon Chairman of the Committee on Finance, I believe, “of this section” is clear.
    Now, I would put the Question.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:05 p.m.
    Item numbered XX, Hon Minority Leader?
    Mr Iddrisu 6:05 p.m.
    Mr Speaker, with those improvements, I would accordingly withdraw with your leave.
    Mr First Deputy Speaker 6:05 p.m.
    Item numbered XXI, Chairman of the Committee on Finance?
    Dr Assibey-Yeboah 6:25 p.m.
    Mr Speaker, I beg to move, clause 16, subclause (7), closing phrase after paragraph (c), line 2, after “consultation” insert “with the Minister”.
    Mr Speaker, the new rendition shall read 6:25 p.m.
    “…the Board shall notify the Minister of the vacancy and the Board in consultation with the Minister shall appoint another person to fill the vacancy.”
    Question put and amendment agreed to.
    Clause 16 as variously amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 6:25 p.m.
    Hon Majority Leader, it is almost 6.30 p.m.
    Mr Kyei-Mensah-Bonsu 6:25 p.m.
    Mr Speaker, respectfully, if we could continue. We worked up to clause 26, and I hope we could get there. The rest are not really loaded. Let us see how far we could get to -- [Interruption.]
    If the Hon Minority says “no”, we shall only have two more days. So he should really relate to the repercussions of his “no” in this. On Friday, respectfully, we do not want to rise at 12 midnight.
    Mr Iddrisu 6:25 p.m.
    Mr Speaker, we also do not want to sit and do nothing. [Interruption.] No, there have been times that we have been held on. We do not want to work beyond 6.30 p.m.
    In the morning, Mr Speaker, before you arrived, Mr Djietror -- [Interruption.] Alright, I should not draw him into it. I am sorry; it should be withdrawn from the records.
    Mr Speaker, I even insisted that the Rt Hon Speaker should start with the Consideration Stage of this Bill. At that time, where was the appetite and enthusiasm of the Hon Majority Leader for this? He now wants it this evening; we are cooperating with him.
    The Hon Majority Leader should do what is appropriate. Some Hon Members have stayed, but he did not provide what was appropriate for them. I have heard from the backbenches of both Sides. [Interruption.] They could respond, but some -- he is even hearing it. He could wait and respond.
    Mr Speaker, we should do one more clause, adjourn proceedings, and then continue with winnowing. If we ask Hon Shaibu, before our meeting I had asked where the Committee was so that I joined them. He said that no, there was no meeting. [Interruption.] He should not worry; we would finish it.
    Mr Kyei-Mensah-Bonsu 6:25 p.m.
    Mr Speaker, the Hon Minority Leader knows that today -- in fact, yesterday when we adjourned, we had a winnowing session. This morning, we agreed to meet at 8.30 a.m. We continued and got to clause 26. It is for that reason that we want to continue.
    What caused the delay was that we did not have the Table Officer with us early enough this morning. When he came to capture it, he then needed to print an addendum to the Order Paper. That held us down.
    When the Rt Hon Speaker signalled that we should suspend Sitting, I even
    pressed that we should continue; but then we had to take instructions from the Chair. So it is not for want of work.
    The other matter that the Hon Minority Leader alluded to -- the sustenance material was adequately provided. He said that his backbenchers have complained - 106 packs were provided, even though I knew all 106 Hon Members on their Side were not present. So there should not be any excuse that an Hon Member did not get it.
    Mr First Deputy Speaker 6:25 p.m.
    Hon Majority Leader, we sat up to 12.00 noon. Well, you have said that we should do a few; we would do a little more -- 6.30 p.m. is a long time to work up to.
    Clause 17 -- Meetings of the Advisory Committee
    Dr Assibey-Yeboah 6:25 p.m.
    Mr Speaker, I beg to move, clause 17, subclause (1), line 2, delete “its” and insert “the”.
    Mr Speaker, clause 17(1) would read 6:25 p.m.
    “The Advisory Committee shall meet at least once every quarter for the performance of the functions.”
    Mr Kyei-Mensah-Bonsu 6:25 p.m.
    Mr Speaker, the Hon Chairman moved an abridged version of what was supposed to be the amendment:
    “The Advisory Committee shall meet at least once every quarter for the performance of the functions of the Advisory Committee.”
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:25 p.m.
    Mr Speaker, I beg to move, clause 17, subclause (3), line 2, delete “of the Investment Advisory Committee”.
    Mr Speaker, clause 17(3) would now read 6:25 p.m.
    “The quorum at a meeting of the Advisory Committee is three members.”
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:25 p.m.
    Mr Speaker, I beg to move, clause 17, subclause (6), line 2, delete “its functions” and insert “the functions of the Advisory Committee” and in line 3, delete “Investment”.
    Mr Speaker, clause 17(6) would read 6:25 p.m.
    “The Advisory Committee may co- opt a person to assist in the performance of the functions of the Advisory Committee but that person shall not vote on a matter for decision before the Advisory Committee.”
    Question put and amendment agreed to.
    Clause 17 as amended ordered to stand part of the Bill.
    Clause 18 -- Disclosure of interest
    Mr Kyei-Mensah-Bonsu 6:35 a.m.
    Mr Speaker, there is no advertised amendment on the preambular of clause 18. By view of what we just did for clause 11(1), it should now read:
    “A member of the Board who has an interest in a matter for or under consideration by the Advisory Committee”
    Mr First Deputy Speaker 6:35 a.m.
    Very well. I will put the Question.
    Question put and amendment agreed to.
    Now, Hon Chairman, you may move item numbered (xxv).
    Dr Assibey-Yeboah 6:35 a.m.
    Mr Speaker, I beg to move, clause 18, subclause (1), paragraph (b), delete and insert the following:
    “not be present at, or participate in the deliberations of a meeting or vote on a decision of the Board in respect of that matter”.
    Mr Speaker, this is for consistency with what had early on been captured in clause 11(1).
    Alhaji Inusah A. B. Fuseini 6:35 a.m.
    Mr Speaker, yes, it is for consistency except that there is a small difference and I ought not to have moved it but maybe, the draftsperson would not understand it. There should be a comma after “of”.
    Mr First Deputy Speaker 6:35 a.m.
    Hon Ranking Member, there are three “of them”.
    Alhaji I. A. B. Fuseini 6:35 a.m.
    Mr Speaker, that is:
    “…not be present at, or participate in the deliberations of, a meeting…”
    This is because that meeting defines, “not to be present at a meeting”, but if we leave out the comma, “at a meeting” only defines the “participate in the deli- berations of a meeting” and that is consistent with the first one.
    Mr First Deputy Speaker 6:35 a.m.
    Very well, I will put the Question.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:35 a.m.
    Mr Speaker, this amendment will be abandoned because we encountered it early on which is why we inserted ‘for or'.
    Amendment abandoned by leave of the House.
    Mr First Deputy Speaker 6:35 a.m.
    Very well.
    So, you will go to item numbered (xxvii)?
    Dr Assibey-Yeboah 6:35 a.m.
    Mr Speaker, I beg to move, clause 18, subclause (2), paragraph (b) delete and insert the following:
    “is present at, or participates in the deliberations of a meeting, or votes on a decision of the Board in respect of that matter”.
    Mr First Deputy Speaker 6:35 a.m.
    Very well. I will put the Question.
    Question put and amendment agreed to.
    Mr Banda 6:35 a.m.
    Mr Speaker, just a little amendment with respect to clause 18(1) though there is no advertised amendment. In view of the consensus that disclosure of interest must be in writing, I would want to propose that in clause 18 (a), we insert ‘in writing' after “interest”. So, it will read:
    “disclose the nature of that interest in writing…”.
    Mr Speaker, I believe that is what we did to the earlier provision though this has not been advertised.
    Dr Assibey-Yeboah 6:35 a.m.
    Mr Speaker, I have no objection. As a matter of fact, this is what pertains in clause 11, so clause 18(a) shall now read:
    “disclose of the nature of that interest in writing and the disclosure shall form part of the record of the consideration of the matter;”
    Mr First Deputy Speaker 6:35 a.m.
    Very well.
    Mr Chireh 6:35 a.m.
    Mr Speaker, the vote we took on item numbered (xxvii) has in it, “Board” but we are not talking about the “Board”. We are talking about the “Advisory Committee”. The further amendment should be accepted as the “Advisory Committee” and not the “Board”.
    Mr First Deputy Speaker 6:35 a.m.
    Let us first deal with inserting ‘in writing' to clause 18(1) (a).
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:35 a.m.
    Now, clause 18(2) (b) (xxvii), we should replace the “Board” with “Advisory Committee”.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:35 a.m.
    Mr Speaker, same would apply in item numbered (xxv).
    Mr First Deputy Speaker 6:35 a.m.
    Very well.
    In that case, I direct that in clause 18, all references to the “Board”, should be replaced with “Advisory Committee”.
    Question put and amendment agreed to.
    Clause 18 as amended ordered to stand part of the Bill.
    Clause 19 -- Secretariat of the Advisory Committee.
    Mr Iddrisu 6:35 a.m.
    Mr Speaker, given the exigency, with your leave, I would like to propose that we delete clause 19 entirely.
    My reason is that we do not legislate on administrative matters. Mr Speaker, could he show me the Bill where there is the creation of the Secretariat as in: “Secretariat of the Advisory Committee. If we want, we should create the Secretariat and let it be a creation of Legislation.
    We have not created a Secretariat but we would want someone to have access to the Secretariat by law. If we have not created it, we cannot tell someone to have access to a non-legal creation.
    Secondly, this is administrative because “The Advisory Committee shall have access to the head office”.
    Where is the Head Office in the Bill?
    Mr Speaker, we are making a law on Fund -- [Interruption.] -- All the same, let us create a Secretariat legally. That would be fine with me.
    My experience is that when you do this, they will raid the people you have put in charge of the fund and take over. Some Board Chairmen want to drive Toyota Land Cruisers like chief executive officers (CEO) and others. We should discourage that.
    Mr Speaker, anyway, I submit that I may want to be defeated that clause 19 be deleted.
    Dr A. A. Osei 6:35 a.m.
    Mr Speaker, I thought that --
    Dr A. A. Osei 6:35 a.m.
    Mr Speaker, I would want to understand what he is doing. He says that we should delete clause 19 and I would want to support his amendment.
    Yes, I rise to support his amendment.
    Mr First Deputy Speaker 6:45 p.m.
    Hon Member for Wa West?
    Mr Chireh 6:45 p.m.
    Mr Speaker, I fully support the Hon Minority Leader because earlier I said that this Investment Fund did not need to have a Board. When there is a Board then it would have a Secretariat and then we would create another Secretariat for a Committee. Would there be a Board meeting every day? No.
    So I believe that the whole of clause 19 should not be there. And to support his point, it is also administrative because we have set up a standing committee and they must necessarily use the Secretariat of the Board.
    The way it is, the Chief Executive of this Fund must have a role in what is being done. So I believe that we should delete the entire clause 19 as proposed by the Hon Minority Leader.
    Mr First Deputy Speaker 6:45 p.m.
    Hon Member for Asante Akim Central, I have not heard you today.
    Mr Kwame Anyimadu-Antwi 6:45 p.m.
    Mr Speaker, thank you.
    I am following the sense of the House but I would want to find out, if the Committee meets, should there be a secretary to the Committee? This is
    because that is what clause 19 (3) does. If I get an answer, then I may be clearer on that because it is not automatic that when a Committee is created -- Who would be the secretary of the committee?
    We need to determine that, then it is clear that the Secretary to the Board shall be the Secretary to the Committee. So when we delete the entire clause 19, then it means that it is not in place; and what would happen when the Committee meets?
    Mr Speaker, that is my concern.
    Mr First Deputy Speaker 6:45 p.m.
    Hon Member for Ho West?
    Mr Emmanuel Kwasi Bedzrah 6:45 p.m.
    Mr Speaker, initially, I tend to agree with the Hon Minority Leader but after a second thought I believe that we should have a secretariat or the Committee should have access to the secretariat of the Fund. [Interruption.]
    Mr Speaker, we should legislate it so that we would know that the Secretary to the Board could have access to -- [Interruption] It is not just about the Secretary; they would need other logistics as well. If it is not legislated and the Executive Director of the Fund says that they are a committee and so they should go and do their work somewhere -- So let us legislate it and have it there.
    Mr Speaker, I thank you.
    Mr First Deputy Speaker 6:45 p.m.
    Hon Member for Suhum?
    Mr Opare-Ansah 6:45 p.m.
    Mr Speaker, I rise to support the proposal by the Hon Minority Leader except to say that under the administrative provisions, we should have a provision for the Board to cater for the needs of its committees. That would then cater for the advisory committee and
    then to properly situate the provisions in 19 (2) and (3) within the law -- I do not believe that it is sitting very well where it is. Mr Speaker, then we could then join the Hon Minority Leader to delete the provision of (19).
    Mr First Deputy Speaker 6:45 p.m.
    Hon Chairman of the Committee.
    Dr Assibey-Yeboah 6:45 p.m.
    Mr Speaker, I would want to move an amendment.
    Mr First Deputy Speaker 6:45 p.m.
    There is a proposal that clause 19 should be deleted.
    Dr Assibey-Yeboah 6:45 p.m.
    Mr Speaker, I would want to support his amendment but to advise that we move 19 (2) and (3) to clause 13.
    Mr Speaker, so, I support his proposed amendment.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:45 p.m.
    Mr Speaker, I thought that considering the exigencies of the time, you would relax the rules and allow me to move 19(2) and (3) to clause
    13.
    Mr First Deputy Speaker 6:45 p.m.
    We are at Consideration Stage.
    Your suggestions are that we must provide a secretary for the Committee, right?
    Dr Assibey-Yeboah 6:45 p.m.
    Mr Speaker, we want to move 19(2) and (3) to clause 19.
    Mr Speaker, if you would direct, then we would move 19(2) and (3).
    Mr First Deputy Speaker 6:45 p.m.
    So I direct that subclause --
    Dr A. A. Osei 6:45 p.m.
    Mr Speaker, he cannot do this global movement like that because the amendment he is proposing is wrong.
    Dr Assibey-Yeboah 6:45 p.m.
    The Speaker is directing.
    Dr A. A. Osei 6:45 p.m.
    Mr Speaker, I would want to correct it because he cannot move that amendment. I would want to suggest to the Hon Chairman that the essence is that all committees of the Board must have a secretariat, not only the Investment Advisory Committee.
    Dr Assibey-Yeboah 6:45 p.m.
    The Investment Advisory Committee is not a committee of the Board.
    Dr A. A. Osei 6:45 p.m.
    It is, Mr Speaker.
    Hon Chairman of the Committee, do you not know what committees of the Board are?
    We determine this.
    Mr First Deputy Speaker 6:45 p.m.
    Hon Members, please address the Speaker.
    The two of you should resume your seats. I was giving a direction when you intervened.
    I direct that subclauses (2) and (3) of clause 19 be located at the appropriate place by the draftspersons.
    Hon Ranking Member?
    Alhaji I.A.B. Fuseini 6:45 p.m.
    Mr Speaker, subclause 1 as amended is important. There is an amendment in subclause 1.
    Mr First Deputy Speaker 6:45 p.m.
    Subclause 1 of what clause?
    Mr First Deputy Speaker 6:45 p.m.
    Clause 19 has been deleted.
    Alhaji I.A.B. Fuseini 6:45 p.m.
    In the movement of clause 19 and the further amendments -- [Interruption.]
    No, it is not the head office. Mr Speaker, we said that this is an Investment Advisory Committee to advise the Board and they are to advise the Board based on information. So clause 19 (1) as existing was amended to read “the advisory committee shall have access to the books, records and other relevant material”.
    Mr First Deputy Speaker 6:45 p.m.
    Would you ask somebody to advise you without providing them with information? It is a matter of course, so I do not think that we should provide for details of things which are their main functions; materials they should use. How could you engage someone without providing the person with the information to use to work for you?
    Alhaji I.A.B. Fuseini 6:45 p.m.
    Mr Speaker is a very good man and so if Mr Speaker is the Chairman of the Board, he would make materials available, but if we put in a capricious and mischievous --
    Mr First Deputy Speaker 6:45 p.m.
    I have ruled you out of order already. Capricious refers to somebody in this House and so you should be careful to -- [Laughter.]
    I believe that we should not bring in those details because once we provide the secretarial assistance all the access would be --
    Mr Kyei-Mensah-Bonsu 6:45 p.m.
    Mr Speaker, I thought that the reason for not tying the access to the books, records and other
    relevant documents and materials to the advisory committee alone was that other committees to be established by the Board may require access to these same materials. That is one.
    Mr Speaker, we have a situation where there is a contention between a Board and an outfit in this country, where the Management says they would not allow the Board access to “A”, “B” and “C”. So, if it is legislated, what is the sin that we are committing?
    Mr Speaker, but I would think we should not tie clauses (1) and (2) to the Advisory Committee alone. Maybe, we would find a way to link it to that access to all other committees except that subclause (3) is particular and indeed peculiar to the Advisory Committee. That should follow clause 13 (2). We just import clause 19(3) to clause 13(2).
    We should find a way to capture the rest of it, which are subclauses (1) and (2) somewhere.
    Mr First Deputy Speaker 6:55 p.m.
    I have directed that the draftspersons find the appropriate locations and place them.
    Mr Kyei-Mensah-Bonsu 6:55 p.m.
    Mr Speaker, that is for subclauses (1) and (2), but (3) should go to clause 13.
    Mr First Deputy Speaker 6:55 p.m.
    Shall we go to clause 20?
    Clause 20 -- Release of advice from the Investment Advisory Committee.
    Mr Iddrisu 6:55 p.m.
    Mr Speaker, on clause 20, first of all, the headnote, “Release of advice from the Investment Advisory Committee”--- I beg to propose, line 2, at
    the end, add “upon receipt of the said advice” so that it would read:
    “The Board shall, upon receipt of the said advice …”
    With your leave, I would want to further improve it by adding “… forward it to the Minister”. When we say “provide”, it should be “provide and forward.”
    In my view, a more elegant word would be “forward”. That would mean that upon receipt of it, they forward it to the Minister.
    Mr First Deputy Speaker 6:55 p.m.
    Hon Chairman, do you want to speak to it?
    Dr Assibey-Yeboah 6:55 p.m.
    Mr Speaker, I am a co-proposer of this amendment. It stands in our names. How could he further tweak it? We should just move what we have. The amendment stands in our names, and so we should move what is on the Order Paper.
    Mr Iddrisu 6:55 p.m.
    Mr Speaker, you know I am human. My enthusiasm level has slowed for a good reason, but when we are saying we are tired, it means we are tired.
    Mr Speaker, the Hon Chairman can move it on our collective behalf. I would support him so that we see clause 20 through. However, I was saying we might need to improve it.
    Dr Assibey-Yeboah 6:55 p.m.
    Mr Speaker, I beg to move, clause 20, line 2, at end, add “upon receipt of the said advice”.
    Now, clause 20 would read:
    “The Board shall provide the Minister with a copy of any written
    advice given by the Investment Advisory Committee within seven days upon receipt of the advice by the Board.”
    Mr First Deputy Speaker 6:55 p.m.
    Hon Member for Daboya?
    Mr S. Mahama 6:55 p.m.
    Mr Speaker, the headnote itself looks a bit clumsy -- “Release of advice from the Investment Advisory Committee”. I would propose a further amendment to the headnote.
    Mr First Deputy Speaker 6:55 p.m.
    Could we deal with the amendment that is before us first?
    Mr S. Mahama 6:55 p.m.
    Very well.
    Mr Agbodza 6:55 p.m.
    Mr Speaker, I just would want the Hon Chairman of the Committee to tell us how we would determine whether the Board would be capable of making a determination of whatever advice the Investment Advisory Committee provides to the Board within seven days. What is the basis of the seven days? Why is it not a month or five days?
    Mr First Deputy Speaker 6:55 p.m.
    Yes, Hon Chairman, is there a reason for seven and not two or three of five?
    Dr Assibey-Yeboah 6:55 p.m.
    Mr Speaker, we lifted this provision directly from the Petroleum Revenue Management Act. The same wording and headnote is from the Act.
    Mr First Deputy Speaker 6:55 p.m.
    Very well. For consistency.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:55 p.m.
    Yes, Hon Member for Daboya, you wanted to amend the headnote?
    Mr S. Mahama 6:55 p.m.
    Mr Speaker, I was just saying that the headnote itself does not look elegant, but the Hon Chairman has said for consistency purposes, it looks as if it was pulled from the Public Financial Management Act.
    Mr First Deputy Speaker 6:55 p.m.
    Yes, Hon Member for Wa West?
    Mr Chireh 6:55 p.m.
    Mr Speaker, the headnote is to indicate what is to be provided for. Unfortunately, it is talking about the release of advice from the Advisory Committee.
    I would want to propose “Advice from the Advisory Committee to the Minister” to be the headnote. This is because that is the action to be taken.
    Mr First Deputy Speaker 6:55 p.m.
    Yes, he says you should change it and add “to the Minister”.
    Dr Assibey-Yeboah 6:55 p.m.
    Release of advice from the Advisory Committee to the Minister?
    Mr First Deputy Speaker 6:55 p.m.
    Yes, Hon Member for Tamale Central?
    Alhaji I.A.B. Fuseini 6:55 p.m.
    Mr Speaker, headnotes are supposed to be brief. This one is even long. They should be brief and concise. It could just have been “Release of Advice”, and that is all. To add “to the Minister” is to make it unnecessarily long and verbose.
    Mr First Deputy Speaker 6:55 p.m.
    All right. So I would put the Question on clause 20.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:55 p.m.
    Hon Chairman, if you want to say something, I would want to hear because you are giving me hand signs which I cannot read.
    Dr Assibey-Yeboah 6:55 p.m.
    Mr Speaker, I was only drawing your attention to the fact that there are not advertised amendments to the clauses 21, 22 and 23. So we can take them together.
    Mr First Deputy Speaker 6:55 p.m.
    Very well.
    Clauses 21 to 23 ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:05 p.m.
    Hon Leader, it is 7 o'clock. We have done enough for the day. I intend to bring proceedings to a close.
    In the circumstances, this brings us to the end of Consideration stage of the Minerals Income Investment Fund Bill,
    2018.
    ADJOURNMENT 7:05 p.m.