Debates of 27 Sep 2018

MR SPEAKER
PRAYERS 11:10 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:10 a.m.
Mr Speaker 11:10 a.m.
Hon Members, correction of the Votes and Proceedings of Wednesday, 26th September, 2018.
Page 1…16?
rose
Mr Speaker 11:10 a.m.
Yes, Hon Minority Leader?
Mr Iddrisu 11:10 a.m.
Mr Speaker, I am looking at pages 15, 16 and 17. The Hon First Deputy Speaker gave the directive that the word: “Investment Advisory Committee” now be made the “Advisory Committee”. I have seen the word: “Advisory Committee” reflect somewhere, but I have still seen on pages 17 and 28 of the Votes and Proceedings, the word: “Investment Advisory Committee”.
Mr Speaker, even though we have asked for the deletion of that word, I do not understand why the word “Advisory Committee” is being used everywhere in the Votes and Proceedings, but on pages 17 and 28, the word “Investment Advisory Committee” is being used again. I would want a clarification on that.
rose
Mr Speaker 11:10 a.m.
Yes, Hon Yeileh Chireh?
Mr Chireh 11:10 a.m.
Thank you, Mr Speaker.
Mr Speaker, I believe that if we look at where we made the amendments, we made it to the effect that instead of repeating the whole thing as “Investment Advisory Committee”, it should just be made “Advisory Committee, “ and it is supposed to be consequential. That is why what the Hon Minority Leader is saying should be taken note of.
Mr Speaker, this is because if we leave the two, where we have the word “Investment Advisory Committee” and also have the word “Advisory Committee”, then there would be conflict. So the Clerks-at-the-Table should take note of it and correct it.
Mr Speaker, however, this came about because when we reached those clauses, we did not consciously amend them to the word “Advisory Committee”.
Mr Speaker 11:10 a.m.
Hon Members, this is noted accordingly.
Yes, Hon Minority Leader? We would like to make progress on the issues with pages 15, 16 and 17.
Mr Iddrisu 11:10 a.m.
Mr Speaker, the Clerks-at- the-Table have noted my concern.
Mr Speaker, I would just want us to be consistent, so that when we are doing the final marking, the word “Investment Advisory Committee” becomes the “Advisory Committee”. We should therefore not have the word “Investment” precede the word “Advisory Committee” in all our records.
Mr Speaker, I thank you.
Mr Speaker 11:10 a.m.
Thank you, Hon Minority Leader.
Hon Members, any further corrections on pages 15, 16 and 17?
rose
Mr Speaker 11:10 a.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:10 a.m.
Mr Speaker, I believe that for the avoidance of doubt, after the introduction of the word “Investment Advisory Committee”, which is in clause 13 of the preamble, we are saying that Committee should after its establishment in clause 13, be thereafter referred to as the “Advisory Committee”, just as we did in clause 1, when we established the “Minerals Income Investment Fund” and described it as “The Fund” after its establishment in clause 1.
Mr Speaker, consequentially, wherever there is the word “Minerals Income Investment Fund”, we now referred to it as “The Fund”, and it would be borne out in the Interpretation.
Mr Speaker, it is the same thing that we are doing after establishing the “Investment Advisory Committee”. We could have called it “The Committee -- simpliciter, except that in clause 12, the Board is mandated to establish other Committees beyond the Advisory Committee, and that is why we are prefixing it with the word: “Advisory”, so that after clause 13, it would then be referred to as the “Advisory Committee”.
Mr Speaker 11:10 a.m.
Well noted.
Pages 16…25
Mr Speaker 11:10 a.m.
Hon Members, the Votes and Proceedings of 26th September, 2018 as corrected has been admitted as the true record of proceedings.
Hon Members, we have the Official Report of 16th July, 2018 for correction.
Hon Members, any corrections?
Mr Speaker 11:10 a.m.
Hon Members, we also have the Official Report of 17th July, 2018 for correction.
Hon Members, any corrections?
Mr Speaker 11:10 a.m.
Hon Members, we have the Official Report of 19th July, 2018 for correction.
Hon Members, any corrections?
Mr Speaker 11:10 a.m.
Hon Members, we again have the Official Report of 20th July, 2018 for correction.
Hon Members, any corrections?
Mr Speaker 11:20 a.m.
Hon Members, we have the Official Report of Monday, 23rd July, 2018 for correction.
Hon Members, any corrections?
  • [No correction was made to the Official Report of Monday, 23rd July, 2018.]
    • Mr Speaker 11:20 a.m.
    Statements. There is a Statement which stands in the name of the Hon Minority Chief Whip in response to which there would be a contribution from the Hon Minister for the Interior only as agreed.
    STATEMENTS 11:20 a.m.
    Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 11:20 a.m.
    Mr Speaker, I come under order 72 of our standing orders to bring to the attention of the House some developments in my Constituency which if not attended to by the House may have the potential of disturbing the peace in the Asokore Mampong Municipality. The facts of the case are as follows:
    1. On 17th July, 2018, the Police in Ashanti Region held a press conference and displayed bodies of seven young men purporting that they were armed robbers who were killed after exchanging fire with the police around Manso Kwanta in the Ashanti Region.
    2. The seven young men were identified as Musa Seidu, Mohammed Bashir Musah, Mohammed Kamal, Baa Bont, Annan Bashir, Razak Sulley and Oliver Konlan.
    3. The Community, alarmed by the position of the Regional Police Command rejected the Police description of the young men as
    armed robbers and subsequently embarked on demonstrations, riot, and a call for an indepen- dent investigation.
    4. On 30th July, 2018, the Ashanti Regional Minister inaugurated a five-Member committee to independently investigate the circumstances of the deaths and thus gave the Committee one month to submit its report.
    5. At the expiry of the dead line for the completion of the committee's work, the committee had not finished with their task and their term was extended by two (2) more weeks.
    6. When the families received the autopsy report on all the bodies, the community together with the family agreed and buried the gentlemen on 6th September, 2018 for the Muslims and 8th September, 2018 for the Christians.
    7. My condolences goes to all the families of the victims and the community.
    8. The committee has since finished it's work and submitted the report to the Regional Minister since 17th September,
    2018.
    9. Whilst the Regional Minister is at it, there is a lot of festering agitation and any minor incident is likely to detonate an already very fragile peace.
    10. In the circumstance, I call on the House to invite the Minister for the Ashanti region to come to this House to brief us on the
    happenings and the measures put in place so far to ensure that justice is not only done but seen to be manifestly done.
    Mr Speaker, I would want to take this opportunity to continue to plead with the youth in the Asawase Constituency and for that matter, Asokore Mampong municipality to remain calm while efforts are made to ensure that justice is done especially when the report is out.
    I would plead with the community elders to continue to hold the community together, and the youth should know that the justice being sought for can only be done in a peaceful environment. It cannot be sought after in a chaotic environment and I hope that they take our plea seriously.
    Mr Speaker, I also plead with Government to do what they can as fast as possible just to hold the community together.
    Mr Speaker, I thank you very much for the opportunity to make this Statement.
    Minister for the Interior (Mr Ambrose Dery) 11:20 a.m.
    Mr Speaker, let me thank the Hon Muntaka for his Statement. I believe that
    the principle is well established and I agree with him that there is the need for us to pursue this matter in a manner that would ensure that there would be no breach of peace.
    Mr Speaker, I also want to thank him for the appeal he has made to his constituents and also want to express my condolences to all those families who have lost relations, and that Government is committed to making sure that justice in this case is done.
    Mr Speaker, as I speak to you, I can confirm that the Regional Minister has forwarded the report to the Presidency and it is now under study and we are going to make sure that the report is taken seriously and justice is done.
    I would want to appeal to all concerned to listen. I join the Hon Member of Parliament to appeal to all residents to remain calm and that we would make sure that their rights are respected and that justice would be done in this matter.
    Thank you, Mr Speaker.
    Mr Speaker 11:20 a.m.
    Hon Members, I have received a Communication from the Office of the Attorney-General dated 26 th September, 2018, regarding the Consti- tutional (Amendment) Bill, 2018.
    ANNOUNCEMENTS 11:20 a.m.
    SPACE FOR MEMORANDUM - 11:20 a.m.
    SPACE FOR MEMORANDUM 11:20 a.m.
    SPACE FOR A BILL ENTITLED - 11:20 a.m.
    STATEMENTS 11:30 a.m.
    Mr Haruna Iddrisu (NDC -- Tamale South) 11:30 a.m.
    Mr Speaker, thank you very much for the opportunity.
    It is with a heavy heart that I rise to pay tribute to one of our respected academics, Prof Atukwei Okai who was born in Accra on 15th March, 1941, to Mr Benjamin David Armah Okai, deceased, a teacher and Madam Borkor Odoi, a trader also deceased.
    The Professor began his formal education at the Gambaga Native Authority School in the Northern Region
    and then continued to Nalerigu Middle Boys' School, after which he relocated to Accra in 1956.
    In 1959, while still a student at Accra High School, the headmaster got the staff of the school to contribute and buy the young Atukwei a special prize; Shakespeare's Complete Works, in recognition of his literary achievements.
    Mr Speaker, what is significant is that Atukwei wrote a 1000-line poem on the All Africa People's Conference, which was then in progress and presented it to George Padmore, a renowned Pan- Africanist at the conference secretariat. George Padmore, who was impressed by the poem advised Atukwei to take it to the Editor of the Evening News for publication.
    However, Atukwei was to have the shock of his life when the Editor, Eric Hayman, nearly caused his arrest because he did not believe Atukwei could have written the poem and accused him of plagiarism. To prove that he was the author, the Editor made him pen an essay on the conference. Only then did he believe that indeed Atukwei had penned the poem. He made quite an impression on him.
    Along the line in 1978, the late Atukwei Okai and his young family left for the United States of America for a year as a resident fellow with the University of Iowa Writing Programme. He visited over 20 states as a guest Lecturer with numerous institutions.
    Earlier, in 1971 on his return to Ghana from the United Kingdom, he took up the position of Lecturer in Russian Literature in the Department of Modern Languages until 1984 when he joined the Institute of African Studies as a Research Fellow and was appointed Senior Research Fellow in
    1985.
    He was appointed head of the Ga- Dangbe Department of Education of the University of Education, Winneba, Ghana in 2004, after he retired from the University of Ghana.
    Mr Speaker, he also made some contributions to the politics of Ghana following the June 4, 1979 Revolution. He was identified then by President Rawlings to oversee the Accra Plains as Secretary for the Accra Plains Area.
    What was significant was that one day while at a meeting following his appointment, he announced to Chairman Rawlings that: “You have given me a farm to till but you have not given me a hoe”.
    Rawlings upon inquiry understood that Atukwei meant that he could not legally oversee the Accra Plains. It meant that he was resigning from that particular office and did not see himself as being able.
    In 1994, he headed the Pan African Writers' Association (PAWA), which is the umbrella organisation for all African national writers associations. Some of the major activities of PAWA since its founding in 1989 were International Symposium on the theme: “Africa On the Threshold of the 21st Century” in 1994, the First PAWA Annual Lecture by Ali Mazrui on “The African Condition since Kwame Nkrumah's Fall; and The Second PAWA Annual Lecture by Nadine Gordimer, 1991 South African Nobel Literature Laureate, on “the Status of the Writers in the World: Which World, Whose World?” in 1997.
    His most significant publication in his early work was published under the name John Okine, with his poems rooted in the oral tradition. He is generally acknowledged to be the first real performance poet to emerge from Africa
    in his work and has also been called politically radical and socially conscious. One of his greatest concerns was Pan Africanism.
    Mr Speaker, I believe that he has done his part in contributing to raising global awareness on our consciousness towards African unity and therefore we would remember him.
    His thirst for excellence in his endeavour has won him 13 national and international awards, among them being:
    “The President of the Republic of Ghana's Special Prize of 1960", which reads: “Osagyefo Kwame Nkrumah has noted with great appreciation your interest in and aptitude for writing. Your poems and interesting articles that are occasionally published… have won admiration.”
    In 1980 he also won the International Lotus Prize (and Gold Medal) by the Afro- Asian Writers' Association. In 1981, he was elected to honorary membership of the National Syndicate of Spanish Writers and Associates and in 1986, he won the C. Marconi Gold Medal by the National Council for Research of Italy.
    His other awards inclulde the ECRAG (Entertainment Critics Reviewers Association of Ghana) Flagstar Award in 1991, the Ushio Publication Culture Award of Japan in 1993 and The University of Ghana Golden Jubilee Distinguished Scholarly Award in 1998 which acknowledged “his outstanding contribution to the development of African poetry”.
    Mr Speaker, I would therefore, as I have indicated with a saddened and heavy heart, want to pay my condolences. As the Hon Majority Leader observed
    Mr Haruna Iddrisu (NDC -- Tamale South) 11:30 a.m.


    yesterday, we have not been too lucky as a country lately. We have lost very significant political international figures and diplomats in addition to this respected academic.

    May his soul rest in perfect peace and may his death inspire more young people to go into the business of writing, particularly what he was noted for, his poems. I am sure that there are still socio- political issues that can engage up and coming young people. May I convey our deep condolences and sympathies to the family.
    Mr Speaker 11:30 a.m.
    Thank you very much Hon Minority Leader for this brilliant exposition on the renowned poet.
    Hon Alfred Okoe Vanderpuije?
    Dr Alfred Okoe Vanderpuije (NDC -- Ablekuma South) 11:30 a.m.
    Thank you Mr Speaker, for the opportunity to contribute to the Statement made by my Leader on the passing away of a great man.
    Prof Atukwei Okai was indeed a great man and a source of inspiration to many of us. He was one who always believed that it was possible to achieve whatever one wanted to undertake. Whenever he had any interaction with us, he would always take the course of peace in whatever situation we had to deal with. He believed in excellence and his hallmark in whatever had to be done was to ensure that we succeeded with the mark of excellence.
    I remember during my time as Mayor of Accra, he would always take time to sometimes come by the office or give me a phone call on matters that affected Accra and would always encourage us that we could overcome.
    He always had words to describe situations and sometimes when we were tensed and did not want to laugh, he would say something that would bring joy to the situation.
    Prof Atukwei Okai would be greatly missed for the great contributions that he has made to the youth of Accra and indeed this country. He always believed that we shall overcome.
    Mr Speaker, this morning my heart is filled with joy for all the contributions and the achievements that he made through- out his life especially to some of us that we could emulate to achieve great success.
    I wish his family the best in this circumstance.
    Mr Speaker 11:40 a.m.
    Thank you very much Hon Member, for your contribution.
    Alhaji Inussah Abdulai B. Fuseini (NDC -- Tamale Central) 11:40 a.m.
    Mr Speaker, thank you very much for this opportunity to contribute in paying a tribute to an illustrious son of this country who distinguished himself in the Arts.
    Mr Speaker, I was a literature student and Atukwei Okai was known to me long before I even met him and I can say clearly without fear of contradiction that when I did meet him, I was happy.
    Mr Speaker, the Hon Minority Leader has already said that this year has not been particularly a nice year for us as a country which has kept everybody wondering what is happening.
    As Dagomba's, as Northerners, when calamity befalls us repeatedly, we pray that it ceases. This is because we still need
    our leaders. When I say “leaders'', I mean people of this country who we look up to for leadership and direction. It really does not matter whether they are political, religious or traditional leaders.
    Mr Speaker, there are people within our communities, our social settings and areas that we lived whom we have never met, but we have studied from afar and taken inspiration from and wished to be like them. This year has robbed this country of many such leaders.
    Mr Speaker, Atukwei Okai was once such leader. A humble person of noble beginning, a poet laureate who distinguished himself not only in Ghana and Africa, but in the world.
    When one listens to him -- I did have the occasion of listening to him -- when he intermingled in delivering a poem at the State House and he mixed the Ga and the English language, he rhymed the poem in the Ga and the English language and got everybody thinking -- [Interruptions.] -- I did not understand the Ga language then and I do not even understand it now, but that is the wonderful power of poetry.
    That is what we even see when we listen to the lyrics of music that we do not understand. That is the power of poetry - it transcends language and carries emotion.
    Mr Speaker, this son of the land who has joined his ancestors was able to master that art and got people moving with him even if one did not understand like I did not understand the Ga language, but I understood the English language, however emotionally he communicated powerfully to me.
    Mr Speaker, we have lost him. Tremendous knowledge has departed and that is the wonderful power of knowledge that God himself has blessed. ‘'Professor Aaron Michael Oquaye'', Mr Speaker, that is you. ‘‘Atukwei Okai'' that is ‘‘Atukwei Okai''-- that is the power of knowledge. [Laughter] -- If one's child does not inherit his or her knowledge -- [Interruptions.] -- He taught me too and gave me ‘A's'.
    If one's child relishes in his or her parent's name, the child would not inherit the knowledge of the parent. If a child relishes in the name of Atukwei Okai, he or she would not inherit that knowledge. God has so raised the importance of knowledge that it is not inheritable.
    That is why when a knowledgeable person dies we lament. If he or she has not been able to communicate the knowledge and transmit it in physical form and live it to posterity, it is lost to us forever.
    We thank Atukwei Okai, that the knowldget in poetry has been manifested in a lot of writings and future generations would read and appreciate what he communicated and stood for.
    It is a sad loss for Ghana, but all that we can pray and say for him is to wish him grace in the abode of the Lord.
    As it is said in the famous Twi language, Atukwei Okai, damirifa due.
    Mr Speaker 11:40 a.m.
    Thank you very much Hon Fuseini.
    Hon Minister for Education?
    Dr Matthew Opoku Prempeh 11:40 a.m.
    Mr Speaker, I have not ceased by the moment so I would let it pass.
    Mr Kwame Governs Agbodza (NDC - - Adaklu) 11:50 p.m.
    Mr Speaker, I thank you for the opportunity to pay tribute to one of Ghana's greats again.
    Mr Speaker, Prof. Atukwei Okai was a great scholar and a thinker. He was politically conscious and radical especially, when it came to issues of Pan- Africanism. He was not shy of expressing himself clearly and through his poetry as said by my senior colleague, Hon Inusah Fuseini.
    Mr Speaker, people like this carry a certain image about us. Poetry is a very important tool that expresses something about people and it is also carried in many senses in terms of the performing arts.
    Mr Speaker, Prof. Atukwei Okai expressed himself in poetry and his wish was that Pan-Africanism should be a tool to re-ignite self-consciousness in the African person. He did this in so many ways and gained respect amongst his people and within the international community.
    Mr Speaker, I believe poetry and the performing arts have a place in terms of our development.
    Mr Speaker, today, I personally do not believe that making new laws and their enforcements could totally address issues of indiscipline and other social vices that we have. But I believe that poetry and performing arts can play a role.
    For instance, if we believe that indiscipline is a big issue in this country, poetry and performing arts can be one tool to reflect that.
    Imagine we teach these younger people in schools through poetry and performing arts on why we should all be disciplined; whether it is about time management cleanliness, I believe these could all be good tools to augment how we live in our society.
    And that is why I believe that the arts, especially perfomrming arts, poety et cetera championed by the late Prof Atukwei are things that we should not forget.
    Mr Speaker, he is not here with us today, but I believe the message hye carried and disseminated in his life can be carried on. And that is why I would encourage those still around who are masters of this craft whether it is about poetry or performing arts, that they can do a lot more for us.
    I would be happy to usee, when it comes to poetry and performing arts -- sthe films that we do, especially the local films, should not only be about love, witchcraft, et cetera.
    This is because, when we continue to do that -- I get the impression that it is all about telling the world that as far as the African and for that matter, the Ghanaian is concerned, all sdwe thnik about is love, witchcraft and how somebody died and how hisw children suffered. But I believe we can translate this into osdther things; discipline and cleanliness can be seen
    Mr Speaker, I sometimes wonder when I watch some Ghanaian movies in which a man assaults a woman in maybe some three minutes. But I do not see anything in terms of that person who carried out that assault being disciplined. So that three minutes scene comes and goes away.
    At the end of the film, it would have nothing to do with checking somebody
    who, for instance, assaults women, but rather how the film ends with somebody showing love. I do not see how one can show love by assaulting women.
    That is why I believe Prof Atukwei came and left us a legacy. I believe those who have specialty in this field can do us a lot of good, and I think Government should also pay attention to the performing arts, especially poetry, films and other things.
    Mr Speaker, sadly in our country, especially in this House — And I would encourage my Hon Colleagues, the next time we see budgets in this House, let us find out which part of the budget goes into developing this kind of talent.
    Are we actually only putting money in education budget to build schools, pay teachers et cetera? What is the outcome that we expect? I believe that if we are able to resource some of these things properly, the work of the late Prof Atukwei on earth would not be lost twice.
    Mr Speaker, on this note, I believe that the Professor, the poet, the thinker is gone, but some of the things he taught us must live with us and we can improve on them.
    Mr Speaker, thank you very much for the opportunity to pay the tribute.
    Mr Speaker 11:50 p.m.
    Thank you very much, Hon Member for Adaklu for this good contribution.
    Dr Bernard Okoe Boye (NPP — Ledzokuku) 11:50 p.m.
    Mr Speaker, I am most grateful for the opportunity.
    Mr Speaker, I also rise to pay tribute to our beloved Professor, Prof Atukwei Okai. I am particularly excited about his
    background. This is because, with my experience with some of my colleague physicians when I was in the Medical School, some created the impression that those of us who come from the coast do not take too much delight in reading and chasing higher academic standards.
    The late Prof Atukwei is one of the few gentlemen together with others like Prof Sai, our own Rt Hon Speaker Prof Aaron Michael Oquaye who have over the years motivated and inspired us to believe that it is possible to chase higher academic laurels.
    Mr Speaker, as a country, we have come to the place where we are making a lot of efforts to encourage students to study science, technology, engineering and mathematics, and I am happy that the Hon Minister for Education is here.
    We call it the Science, Technology, Engineering and Mathematics (STEM) Education Programme. This is because, it is believed that the more students that take up those programmes, the better the chances of pushing technology and being able to transform as a country.
    Mr Speaker, but the late Prof Atukwei Okai also reminds us that the arts is also very important. In fact, it is the arts that tells us the culture and nature of a people. And when we transform as a country through technology but lose our identity, then I wonder whether the transformation is actually worth it.
    Mr Speaker, arts or poetry, if I may put it that way, tells us the state of the mind; how beautiful the mind is and how sharp our thinking is, and it is one of the best ways to judge the intelligence and cognitive capacity of a people.
    We are glad that the late Prof Atukwei Okai made the world appreciate the fact
    Minister for Local Government and Rural Development (Hajia Alima Mahama) noon
    Mr Speaker, thank you. I rise to say a few words as tribute to another gallant son of Ghana who passed on a few months ago.
    Mr Speaker, the late Prof Atukwei Okai, as we all noted, was a poet and Pan- Africanist, and my appreciation of him was the nature of his words and his poetry. He demystified poetry; he made poetry so simple. In his poem, he recognised the dynamics of our demographics. He had something for the children, for boys, girls, women and men.
    In my view, more importantly, he showed the diversity in our culture, but with an underlying emphasis on our units. In his poems, one would see the characteristics of every aspect of Ghana.
    At one time, he would be talking about the Tongo Hills in his poems; at another time, he would talk about something in the Volta Region and at another time, he would mention Gambaga in his poetry. He was all over the place.
    This was a man who was an all-rounder and he demonstrated what Ghana stood for. I rise to acknowledge him and to show my appreciation of this genius of a person.
    Mr Speaker, it has been said in this room before that we do not recognise our gallant sons when they are alive. I would therefore add my voice in saying that we should do something in the area of culture or poetry to recognise this noble son of Ghana.
    Let us put something out there in the performing arts system to recognise him and to show that this man did contribute to the Ghanaian performing arts and he had made his mark. He served his country in the academia, in the area of poetry, arts and drama. As it has been indicated, he dramatised the poetry so much that one wondered whether he was listening to a poet or an actor.
    Mr Speaker, I would end my contribution by emphasising that there is the need for us to promote this particular aspect of our late illustrious son. Let us recognise the late Prof. Atukwei Okai who in particular promoted our culture. We should do something to recognise him. We should not just name a street after him; we should put up some kind of performing arts entity to recognise this noble son of Ghana.
    May his soul rest in perfect peace.
    Mr Joseph Yieleh Chireh (NDC -- Wa West) noon
    Mr Speaker, to pay tribute to this great Ghanaian is an honour.
    First of all, I had been associated with the late Prof. Atukwei Okai in many ways. But I would want this House to remember that he single-handedly found accommo- dation for the Pan-African Writers
    Association (PAWA) and he was the founding Secretary-General, and because of the role he played, there were very few people who could contest him for that position.
    Again, he single-handedly fought hard and organised the others to get the African Union (AU) to recognise the Pan -African Writers Association as the cultural organ of the African Union. He was constantly bringing together all writers from across the continent.
    He had widespread network with those in the north and south of Africa and he united them. But his beginning was with the Ghana Association of Writers where he again played a very significant role and shaped it to what it is now.
    If you see PAWA House today, it is because he found the need to get an office or accommodation for that whole Association. At that time, I was in the position to help him to locate a confiscated property, and what you see there was through his persistence and perseverance upon me to help get a house for writers.
    That house, as we all see, has hosted a number of African personalities of culture, writers, playwrights, novelists and they presented issues there. They have a festival that they always organise.
    So I would want all of us to remember and to think clearly that one of the ways that we can help his memory to live on is for us as a country to continue to support the arts, culture and literature sectors. We should make sure that we significantly improve upon what he has already left in terms of the house he found for them.
    Mr Speaker, on this occasion also, he has to be remembered for one thing. As a family man, he raised a very humble family.
    Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 12:10 p.m.
    Mr Speaker, I thank you for the opportunity to also lend my voice to the tribute that we are paying in memory of Prof. Atukwei Okai.
    Mr Speaker, in Ghana, the late Prof. Atukwei Okai is recognised as a renowned poet. Poetry in Africa and indeed, in Ghana is part of our tradition. In the court houses of chiefs and kings of this country, appellations are always sung. These appellations are traditional poetry that are always sung to indicate the entry or the glory associated with kingship.
    However, recognisably, within the educated elite in Ghana, and indeed in Africa at large, poetry is not really an enterprise that is much extolled.
    Growing up and entering secondary school and applying myself to “West African Verses”, which was a must read book for those studying English Literature
    at the Ordinary Level, the late Prof. Atukwei Okai's poetry was not one of the poems that registered in “West African Verses”.
    Mr Speaker, the traditional conservative poets viewed the poetry of the late Atukwei Okai and some of them as rebel poetry. In fact, they did not even consider them as poetry at all.
    They said that what verses they had churned out lacked rhyme, rhythm and that there was no poise, balance and counterpoise and that it lacked elegance. For that matter, they said it was not poetry at all.
    Mr Speaker, yet, for discerning eyes, one could see the tranquillity of spirit that registered in the poetry of Clara Peters, Kwesi Brew, Awoonor-Wiliams, and the chief of them all, Wole Soyinka, whom among the rest -- or he is the only one in Africa who has thus far earned the recognition of Nobel Prize.
    Mr Speaker, on stage however, the presentations of the late Atukwei Okai were almost always a virtuoso of a performance. His connect with his audience and grass root appeal to those of them who listened to him -- Mr Speaker, he blazed the trail and he committed himself with a lot of zeal to the projects that he assigned himself.
    Mr Speaker, he was a man of boundless commitment, profound integrity and he was a nationalist par excellence. He blazed the trail and the greater tribute we can pay him is to ensure that the study of poetry does not die in the Ghanaian universities.
    Not too many people are interested in poetry these days, thinking that it is not exciting. It does not have the effect that the poets of old, the Shakespeares were able to bring out.
    Mr Alban Sumana Kingsford Bagbin (NDC -- Nadowli/Kaleo) 12:10 p.m.
    Thank you very much, Mr Speaker, for this opportunity to say a few words in celebrating the life of one of the illustrious sons of Ghana, Prof. Atukwei John Okai.
    Mr Speaker, he died at the ripe age of only 77 years. We wish he had more. His departure was too sudden. I never heard of his illness; I only heard of his death.
    Even though I knew him from the Provisional National Defence Council (PNDC) days, I got closer to him a few years ago when I attempted putting pen and paper together to write a few memoirs.
    Mr Speaker, he managed to carry me along to be part of the annual book fairs of this country, and since I enjoyed his poetry for quite a long time, being a student of literature myself, I got closer to him and I usually referred to him as “Logoligi-logarithm”. That I recollect very well.
    Mr Speaker, it is true he was one of the most celebrated and greatest literary writers in Africa, but what was even more pronounced about him was the fact that he was himself. He recognised his potential. He accepted God's creation in him and he enjoyed his life. I never found him in anger. He was always full of smiles. He was very warm and welcoming.
    Mr Speaker, he loved Africa, Ghana, and his wife very well and loved himself. We enjoyed his poems and sometimes, they kept us thinking, because when I read some of his verses and chants for children called the “Anthill in the Sea”. If you can imagine an anthill in the sea, then you would wonder what kind of anthill that would be. His is not “Anthills of the Savannah” as one of the writers wrote. His is “Anthill in the Sea”.
    Mr Speaker, his academic prowess knew no bounds, but he was more of a cultural man and an activist. These are the rare breeds that we should have been showcasing as a country to earn a lot more foreign exchange than just selling commodities, cocoa, gold and the rest. They will never take us anywhere. It is the rare species that are creation of God as human beings that we use to earn more income to develop the country.
    Mr Alban Sumana Kingsford Bagbin (NDC -- Nadowli/Kaleo) 12:20 p.m.
    Mr Speaker, he was such a person in Ghana, who we all admired and loved, who we always itched to listen to but never truly recognised his worth. As it is usual, it is only after the departure that we would all start to celebrate and say had we known.
    When he wrote the poem “Mandela Despair”, that was a masterpiece and that was his addition to all that Mandela had done for us. I came across the combination as one of my Hon Colleagues talked about of the Ga and English. This one was not Ga and English. I do not know whether it was Italiano. He wrote one piece called “A Homowo Concerto Grosso for the Gatekeepers of Eternity”.

    I believe concerto grosso will be Italiano; or is it Spanish, Latino? [Interruption] Concerto grosso will be more of Italiano than Latino.

    Mr Speaker, he did a lot for mother Ghana and I also agree with Hon Colleagues that we need to do something to at least, eternalise his life.

    Permit me to read what his wife said of him as a tribute; just a small portion. She herself, is now a poet. This is how she put it and I beg to quote:

    “Let all the hornblowers of Gambaga Blow your horn, Let all the soothsayers of Asiama sooth your sorrows, Let the railway of Agbogbloshie toot … horn, All the fellows of Accra High School say SURI In Moscow they are painting the square red. Through to Kwabenya, all the squirrels, are saying Ayekoo.

    Up the hills of Legon The tall mahogany trees Are bowing to you. All the Fontomfrom Of African studies Are booming Asking where is the Master drummer The winds at Windy Bay Winneba are whinning Where is Atukwei The Bintim Obonu drummers At Asere, Bukom, James Town Are wailing Where is our son, Atukwei Where is Atukwei?”

    Mr Speaker, that is the question we are all asking even though we know that he is gone to the Creator. We can only pray that in good time, we all meet there to celebrate the glory of God.

    With this, I say damirifa due, to wit, rest in peace.
    An Hon Member 12:20 p.m.
    Yaa wo odjogbaa.
    Mr Bagbin 12:20 p.m.
    Mr Speaker, my Ga is not good; he should not let me mess up. [Laughter.]
    Mr Speaker, may his soul rest in perfect peace.
    Mr Speaker 12:20 p.m.
    Thank you very much, Hon Members. We will observe a moment of silence in honour of the late Professor Atukwei Okai.

    Hon Members, item numbered 4 -- Presentation of Papers. Item 4(i), Hon Chairman of the Finance Committee.
    rose
    Mr Speaker 12:20 p.m.
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, I understand some of the Reports are ready but the Hon Chairman is not available now. He is on some critical assignment. There is a member of the Finance Committee here who would want to lay the Report on behalf of the Committee, and I would plead with you to indulge him to do so.
    Mr Speaker 12:20 p.m.
    Very well.
    PAPERS 12:20 p.m.
    Mr Speaker 12:20 p.m.
    Hon Members, item listed 5. It is a procedural Motion.
    Hon Chairman of the Committee.
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, we would want to move to item numbered 11 on page 6.
    Mr Speaker 12:20 p.m.
    None of the succeeding ones are ready?
    Mr Kyei-Mensah-Bonsu 12:20 p.m.
    Mr Speaker, the Reports would have to be distributed as far as those ones are concerned, and they are not here with us, which explains why we are standing those considerations down for the time being. We would handle them at the appropriate time.
    Mr Speaker 12:20 p.m.
    Hon Majority Leader, we agreed on the actual break, hoping this would take us to 1 o'clock, but as it is, we would then suspend Sitting and resume at 2 o'clock in the hope that we would have gotten all relevant matters in place and we would have had our lunch.
    Mr Iddrisu 12:20 p.m.
    Mr Speaker, with respect, we have scheduled a Caucus meeting at 3 o'clock. I was thinking -- and given that
    Mr Speaker 12:30 p.m.
    I do not need persuasion -- [Laughter] -- particularly when we are unable to move for reasons best known to the two Hon Leaders with regard to the fact that some of the matters are not fully ready for deliberations and that once our winnowing is fully completed, the rest would be a matter of just proceeding.
    So shall we have a short break and suspend Sitting till 2.00 o'clock?
    Hon Members, thank you very much.
    12.34 p.m. -- Sitting suspended.
    5.08 p.m. - Sitting resumed.
    Mr First Deputy Speaker 12:30 p.m.
    Available Leader?
    Dr Mark Assibey-Yeboah 12:30 p.m.
    Mr Speaker, this would be the extended Leadership.
    Mr Speaker, if we could go to item number 11.
    Mr First Deputy Speaker 12:30 p.m.
    Item number 11, the Minerals Income Investment Bill, 2018, at the Consideration Stage.
    Hon Chairman, shall we start with clause 7, or we continue with clause 24?
    Dr Assibey-Yeboah 12:30 p.m.
    Mr Speaker, we were to look at clause 7 again after the draftspersons had put it together, so if we could stand down clause 7 and move on to item (ii).
    Mr First Deputy Speaker 12:30 p.m.
    Very well.
    BILLS -- CONSIDERATION STAGE 12:30 p.m.
  • [Resumption of debate from 26/09/ 2018]
    • Dr Assibey-Yeboah 12:30 p.m.
    Mr Speaker, I beg to move, clause 24 -- subclause (2), delete and insert the following:
    “To achieve the objects of the Fund, other public officers may be transferred or seconded to the Fund or otherewise give assistance of the Fund”.
    Mr Speaker, this is a better rendition. I believe this is neater than what we have in subclause 2 of the Bill.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 12:30 p.m.
    Mr Speaker, I beg to move, clause 24 -- subclause (3), line 1, after “may”, insert as and when necessary and” in line 2 and 3, delete “seasoned professional” and insert “competent”.
    Mr Speaker, now clause 24 (3) would read;
    “ the Board may as and when necessary and on the recom- mendation of the Chief Executive Officer engage the services of qualified and competent advisors as determined by the Board”.
    Mr Ras Mubarak 12:30 p.m.
    Mr Speaker, I propose that the rendition should read “qualified and experienced advisors to the Board”; instead of what the Hon Chairman of the Committee indicated. “experienced” would be a better rendition.
    Dr Assibey-Yeboah 12:30 p.m.
    Mr Speaker, this came up and we settled on “competent” because it was argued that being experienced does not necessarily connote competence, so you could have an experienced person -- Let us say you have an experienced lawyer who is no longer practising.
    He has been at the Bar for 30 years, but his law might be weak because he is not in active practice.
    So we felt “competent” would sit well here.
    Mr First Deputy Speaker 12:30 p.m.
    Competence would include experience.
    Mr Ras Mubarak 12:30 p.m.
    Mr Speaker, absolutely. I would yield to Hon Yieleh Chireh.
    So competent and experienced -- But was he connoting that Mr Speaker is rusty? Because Mr Speaker has not practised in a while.
    Mr First Deputy Speaker 12:30 p.m.
    Hon Member, you are totally out of order.
    I am practising law here; sitting here, making judgments, deciding on what is in order and out of order. That is law practice.
    Mr Joseph Yieleh Chireh 12:30 p.m.
    Mr Speaker, the argument about “seasoned”, how are we going to determine who is seasoned?
    Mr Agbodza 12:30 p.m.
    They have deleted it.
    Mr Chireh 12:30 p.m.
    All right, but I see that they have introduced more words than necessary, because the original says that the Board may on the recommendation of the Chief Executive Officer engage the services of qualified and competent professional advisors as determined by the Board.
    Once again, they have added “as and when necessary”. That is why you say “may”, because it is until the Board determines. It is not as and when. We do not need the “as and when”. The “may” suggests that.
    Mr Speaker, if you agree, we should delete all these unnecessary words--- “as and when”--- if he agrees to the further amendment.
    Mr Ben Abdallah Banda 12:30 p.m.
    Mr Speaker, the reason we proposed this amendment was that we felt the concluding part of the provision, “as determined by the Board” does not add anything to the provision, so the presence of it in the provision to our mind is redundant, but the Board may as and when necessary -- When the Board deems fit, the Board may engage the services of qualified and competent professional advisors.
    This was intended to replace “as determined by the Board”. So in reading the provision, I think he forgetfully added “as determined by the Board”, but the winnowing team in its wisdom decided to delete “as determined by the Board” and in its place insert “as and when necessary”.
    Mr First Deputy Speaker 5:18 p.m.
    Hon Members, we have to determine whether in addition to “may”, we truly need “as and when necessary” or “as determined by the Board”. That is the question we have to determine.
    Mr Agbodza 5:18 p.m.
    Mr Speaker, I perfectly agree with you. I would want to make a further amendment. I believe it should read:
    “The Board may, on the recommendation of the Chief Executive Officer, engage the services of relevant professional advisors.”
    Mr Speaker, “relevant” because we cannot just say “professional advisors”. In what sense? It could only be professionals that are relevant to what the Fund is intended to do. It cannot be about soil scientists when we are not doing anything about soil. So it has to be “relevant professional advisors”.
    I agree with you that we do not need to add “as determined by the Board” because that is the preamble anyway. That is the crux of the whole thing. It starts with “The Board may”.
    Mr Iddrisu 5:18 p.m.
    Mr Speaker, I missed the introduction of this even though at the middle of the discussion of clause 24 with its associated proposed amendments by the Hon Chairman of the Committee --
    Mr First Deputy Speaker 5:18 p.m.
    That proposed amendment has been deleted. Now, the issue we have to determine is, whether we are right in addition to having “may” and “as and when” or “as determined by the Board”.
    Mr Iddrisu 5:18 p.m.
    Mr Speaker, it should be “as determined” not “as and when”. [Interruption.] Whatever it is, what does “as and when” mean”? In English, when we say “as and when”, we talk about time, but “as determined” indicates who should.
    Mr Chireh 5:18 p.m.
    Mr Speaker, as you indicated, he introduced another dimension to the debate and that is, appointment of advisors and consultants. In our previous legislations, we always separate it after we have the committees. Those are temporary people. They are just brought in for specific functions so it should not be lumped together with the staff.
    Mr Speaker, even if we were talking about appointment of advisors and consultants, it should be a separate arrangement. So let us take a decision.
    In fact, in the case of article 195, the way we have always captured it is that when we put appointment of other staff, if we have Executive Secretary, Executive Director or Chief Executive, then with the other staff, we would say that they would be appointed and they are permanent staff.
    Mr Speaker, sometimes, we even provide for secondment from other Departments. So we should look at that phraseology so that we limit this appointment to only permanent staff and then have another clause that deals with only professionals who are hired from time to time for specific functions.
    Dr Assibey-Yeboah 5:18 p.m.
    Mr Speaker, I have taken a cue from the Hon Minority Leader. We could drop “as and when necessary” and maintain “determined by the Board” so that clause 24 (3) would read:

    Mr Speaker, I will take it again.

    “The Board may, on the recommendation of the Chief Executive Officer, engage the services of relevant qualified and competent professional advisors as -- [Interruption].

    Mr Speaker, for the last time.

    “The Board may, on the recommendation of the Chief Executive Officer, engage the services of qualified and competent professional advisors.”
    Mr First Deputy Speaker 5:18 p.m.
    Hon Members, are we ad idem?
    Some Hon Members 5:18 p.m.
    Yes.
    Question put and amendment agreed to.
    Clause 24 as variously amended ordered to stand part of the Bill.
    Clause 25 -- Asset managers
    Mr Iddrisu 5:18 p.m.
    Mr Speaker, I can appreciate that you would proceed to the Hon Chairman's advertised amendment, but having re-examined the clause, I am minded to seek your leave and propose a new amendment to clause 25. Mr Speaker, “may” should be substituted for “shall” and he should consult with the Minister in determining with the asset managers.
    So it will read:
    “The Board shall in consultation with the Minister select asset managers to manage the assets of the Fund and the Special Purpose Vehicles.”
    Mr Speaker, this is because asset management would be a critical part of policy and therefore we cannot leave it only to the Board.
    Yesterday when I attempted to even marry Board and Minister, I got defeated. However, now, I appreciate that we need “Board” and “Minister” in the determination of choosing -- I do not mind if we use ‘may' but I think I should submit a new amendment before we go further to the Hon Chairman's amendment.
    Mr Speaker, I beg to move, that clause 25 (1), after “may” and before “select”, insert “in consultation with the Minister”.
    The new rendition would read:
    “The Board may in consultation with the Minister, select asset managers…”.
    Dr A. A. Osei 5:28 p.m.
    Mr Speaker, I do not know about “may” but I think “shall” is more compelling. That way, they do not have a choice because as he said, this is something they must consult. So, I think
    “shall” is better, then we are not confused at all and know that they would do it.
    Mr Chireh 5:28 p.m.
    Mr Speaker, I do not think that we need to change “may” to “shall”. It is a something that the Board may do. Now, if we want to insist that they should do so in consultation, then that is different.
    With this activity, they may appoint asset managers but if we want to phrase it in such a way that they are compelled to consult the Minister, that is different.
    Once again, if we involve the Minister in all these activities of the Investment Fund, it would not be right. This is because it is a subsidiary issue. It is fine if we say the Minister should give final approval.
    Besides, in everything, they consult him, so the Minister is now part of the Fund. I do not think we should do that. It is not good that everywhere they consult the Minister. They are a Board and report to the Minister.
    Dr A. A. Osei 5:28 p.m.
    The asset managers play a very fundamental role and it is important that the Minister knows what is going on all the time. If the Board goes to appoint an asset manager who can bankrupt the whole nation, it would be very difficult. So, we have to be very careful. -- [Interruption.]
    Mr First Deputy Speaker 5:28 p.m.
    Hon Members, so which has been agreed on? I was not expecting that we would have these challenges after winnowing. What is the proposed amendment, so I put the Question?
    Dr Assibey-Yeboah 5:28 p.m.
    Mr Speaker, I beg to move --
    Mr First Deputy Speaker 5:28 p.m.
    He has proposed an amendment.
    Dr Assibey-Yeboah 5:28 p.m.
    Mr Speaker, technically, he could not have moved his amendment --
    Mr First Deputy Speaker 5:28 p.m.
    Well, I overlooked that there is an amendment on the Floor. So, let us conclude that before.
    The proposed amendment is that we delete “may” and insert “shall in consultation with the Minister”.
    Mr Banda 5:28 p.m.
    Mr Speaker, I think the appropriate word for clause 25 is “may”. Otherwise, if we should insert “shall”, it would compel the Board to appoint asset managers even if there is no need. So, “shall” is not moving with “select asset managers”. The word “shall” here would compel them to select asset managers even if the need has not arisen.
    However, if we should use “may”, the provision would then mean that the Board may, when the need arises, select asset managers to manage the assets of the Fund. So on this note, I would rather propose that the more appropriate word for the provision is “may” but not “shall”.
    Mr First Deputy Speaker 5:28 p.m.
    In that case, if we put in a comma after “may”, it would read, “the Board may, in consultation with the Minister”. Is that right?
    Alhaji I.A.B. Fuseini 5:28 p.m.
    Mr Speaker, I do not have a problem with “may”, neither do I have a problem with “in consultation”. However, the Hon Chairman has advertised an amendment.
    Mr First Deputy Speaker 5:28 p.m.
    I have given a ruling on that already. If you want to challenge that, please come formally.
    Alhaji Fuseini 5:28 p.m.
    Are you putting the Question on clause 25?
    Mr First Deputy Speaker 5:28 p.m.
    Not on clause 25 but on the proposed amendment.
    Alhaji I.A.B. Fuseini 5:28 p.m.
    Then we support it.
    Dr Assibey-Yeboah 5:28 p.m.
    Mr Speaker, his amendment was for “shall” and not “may”. [Interruption.] Has he withdrawn “shall”?
    Mr Iddrisu 5:28 p.m.
    Mr Speaker, I used “may” and he does not even [Interruption.] -- I said “may” and the Hon Majority Leader even whispered “may” to me. He was not listening to himself when I stood up. That is why Hon Akoto Osei opposed me and asked why I was not using “shall”? He is behind the Hon Majority Leader.
    Mr First Deputy Speaker 5:28 p.m.
    Hon Members, the rendition on which I would put the Question is this: “The Board may, in consultation with the Minister…” That is the proposed amendment I would put the Question on.
    Mr Kyei-Mensah-Bonsu 5:28 p.m.
    Mr Speaker, if you want us to vote on this amendment, then it is not complete, since you stressed on commas. In that case, it should be: “The Board may, in consultation with the Minister,…” before we move on.
    Mr First Deputy Speaker 5:28 p.m.
    Very well.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:28 p.m.
    Now Hon Chairman, you may move your amendment.
    Dr Assibey-Yeboah 5:28 p.m.
    Mr Speaker, I beg to move, that clause 25 subclause (1), line 1, after “may”, insert “procure the
    Dr A. A. Osei 5:28 p.m.
    Mr Speaker, I was hoping that the Hon Chairman would explain why “procure” is better than “select” and if it makes a difference. Sometimes, we make changes and --
    Mr First Deputy Speaker 5:28 p.m.
    In the Procurement Act, he is not entitled to select by law.
    Dr A. A. Osei 5:28 p.m.
    He would select by using the Procurement Act, so that is obvious. He cannot violate the law because it would be illegal. So, I do not know why we would go through and --
    Mr Chireh 5:38 p.m.
    Mr Speaker, I support the amendment because “procure” is a term of art when dealing with selecting people. So you do not just select. Somebody could misread it and just say he has chosen his friend. So it is “procure” which is the term of art.
    Question put and amendment agreed to.
    Clause 25 as amended ordered to stand part of the Bill.
    Clause 26 -- Head office and branches of the Fund.
    Dr Assibey-Yeboah 5:38 p.m.
    Mr Speaker, I beg to move, clause 26 -- line 1, delete “its” and insert “the” and before “Republic”, insert “capital of the”.
    Mr Speaker, the new rendition would be 5:38 p.m.
    ‘'The Fund shall have the head office in the capital of the Republic and may, where it considers necessary…
    Mr First Deputy Speaker 5:38 p.m.
    Yes, Hon Minority Leader?
    Mr Haruna 5:38 p.m.
    Mr Speaker, maybe, we would need to support, but improve the rendition of the Hon Chairman of the Committee.
    Mr Speaker, what do we seek to do in clause 26? It is to create a head office for the Fund. So, even the emphasis of the words ‘'capital'' and ‘'Republic'' -- We should go to the other Bills that have passed through this House.
    Do we legislate that? If we say, ‘'capital in Accra'', if it were to be the regional offices would we then say, in ‘'Kumasi in the Ashanti Region or Tamale in the Northern Region''? It is wrong. We should create that;
    ‘'The Fund shall have a head office and other offices within and outside the country, subject to the Minister's approval''.
    Then it has been created that there would be a head office which may be in or outside Ghana, but to say ‘'head office in Accra'' --
    Mr Speaker, clause 26 needs to be looked at.
    It should read:
    ‘'The Fund shall have a head office and in other places within and outside the country''...
    Mr First Deputy Speaker 5:38 p.m.
    Hon Member for Wa West?
    Mr Chireh 5:38 p.m.
    Mr Speaker, I do not get the argument of the Hon Minority Leader. We would want the head office to be in Accra, but Accra should not be mentioned because one day, the capital could be relocated. That is why the Hon Chairman of the Committee said it should be the ‘'capital of the Republic'' -- but the other rendition follows what the winnowing committee recommended.
    Mr First Deputy Speaker 5:38 p.m.
    Yes, Hon Chairman of the Committee?
    Dr Assibey-Yeboah 5:38 p.m.
    Mr Speaker, I would want to propose a further amendment in line 1.
    ‘'The Fund shall have the Head office of the Fund''…
    Mr First Deputy Speaker 5:38 p.m.
    Hon Chairman of the Committee, do you mean, ‘'The Fund shall have the Head office of the Fund''?
    Yes, Hon Member for Tamale Central?
    Alhaji I.A.B. Fuseini 5:38 p.m.
    Mr Speaker, because we have not seen the word ‘'head office'' anywhere in the Bill, we cannot precede it with the article ‘'the''. What needs to be done is to substitute it, so with the further amendment that has been advertised, I would want to further propose that the article ‘'the'' should be deleted and the article ‘'a'' should be inserted.
    Mr Speaker, ‘'A head office'' simply means one head office. That is the meaning and it has no any other meaning anywhere.
    Mr Speaker, in legislative drafting, if we had said ‘'a head office earlier, then we could say, ‘'the head office''.
    Mr First Deputy Speaker 5:38 p.m.
    Yes, Hon Member for Adentan?
    Mr Asamoa 5:38 p.m.
    Mr Speaker, with the permission of the Hon Chairman of the Committee, I seek to reduce some of the words. I would want to delete the words ‘'necessary for the performance of its functions''. So that the new rendition would be:
    ‘'The Fund shall have a head office in the capital and other branches within or outside the country subject to the approval of the Minister.
    Mr Speaker, this is because clearly, the law speaks at length about the functions of the head office so it does not have to say the ‘'branches or the head office is necessary for the performance of its functions''.
    Mr Speaker, I seek to withdraw that verbiage out of the sentence.
    Mr First Deputy Speaker 5:38 p.m.
    Hon Member, I wonder whether the same purpose would be achieved.
    From the current rendition, what I understand is that the Fund, with the approval of the Hon Minister would determine where to operate, apart from the head office, but when we say ‘‘and other branches'', it appears that that discretion is taken away from them and they must necessarily have other branches and I wonder whether that is what we would want to achieve.
    Mr Banda 5:38 p.m.
    Mr Speaker, I would also want to try a different rendition if it would serve the same purpose.
    ‘'The Fund shall have a head office in the Republic and may open branches within or outside the country, subject to the approval of the Minister''.
    Mr Speaker, the word ‘'may'' is discretional and it would take care of the phrase where it considers necessary for the performance of its function. So, as and when the need arises, the Fund may open branches within or outside the country, but if there is no need, then the Fund would not under the circumstance be compelled to open branches within or outside the country.
    Mr Speaker, if you would permit me, I would read the new rendition 5:38 p.m.
    'The Fund shall have a head office in the Republic and may, open branches within or outside the country subject to the approval of the Minister''.
    Mr First Deputy Speaker 5:38 p.m.
    Yes, Hon Minority Leader?
    Mr Iddrisu 5:38 p.m.
    Mr Speaker, I believe that we want as the Headnote connotes, ‘'Head office and branches of the Fund''.
    Mr Speaker, we are seeking to establish the head office and the branches of the Fund. I would attempt if I could improve on the rendition by the Hon Chairman of the Constitutional, Legal and Parlia- mentary Affairs Committee and even in terms of where the words have been placed.
    Mr Speaker, probably, it should read 5:38 p.m.
    ‘'The Fund shall subject to the approval of the Minister, establish a head office in the capital of the Republic and open branches within or outside the country''.
    Mr Speaker, the rest of the words are not necessary.
    Why are we even using “Republic” and “country”? It is tautological. We even end it there. If we want, we could come back to “Republic”. We cannot use “Republic” in the first line and come to the last line and say “country”. It is not elegant. So we may want to further improve it to read:
    “The Fund shall subject to the approval of the Minister, establish a Head Office in the capital of the Republic and open branches within or outside the Republic.”
    We cannot use “country” because we have already used “Republic”.
    Dr A. A. Osei 5:48 p.m.
    Mr Speaker, the only problem I have with this is that, the “shall” compels them to open branches, whether or not it is needed. The word “may” for the opening of the branches is proper. But the “shall” for the head office and “may” for the branches, I think is better.
    Alhaji I.A.B. Fuseini 5:48 p.m.
    Mr Speaker, I beg to further support the Hon Minority Leader. I believe the drafting is good, and then the observation of the Hon Minister for Monitoring and Evaluation, that what this provision seeks to achieve is to make it compulsory for the existence of a head office, and permissible for the Board to open branches.
    That is what this provision seeks to do. So the rendition, as provided by the Hon Minority Leader, and further improved upon by the Hon Chairman is that;
    “The Fund shall, subject to the approval of the Minister have a head office in the capital of the Republic and may open branches within and outside the Republic.”
    Mr First Deputy Speaker 5:48 p.m.
    Hon Members, we now have a new rendition altogether and it is for the consideration of the House.
    Mr Agbodza 5:48 p.m.
    Mr Speaker, why are we using the word, “open” instead of “establish”. To open an office, it is a bit colloquial. We establish an office instead of open an office. It is like we are translating vernacular into [Interruption.] and so instead of using “open”, we could use “establish” an office. — [Pause]
    Mr First Deputy Speaker 5:48 p.m.
    Hon Members, “establish”, connotes the whole organisation. So once this organisation is set up by an Act of Parliament, it is established. It is only branches that we may open. The Fund is established and we may open branches —
    Mr Agyapong 5:48 p.m.
    Mr Speaker, I think we have limited the argument to the lawyers, but I would want to apply common sense here — [Laughter] — My reason is that, if we put it as, for instance “shall” or “may” in the capital — Accra is already congested — [Interruption.] — we can even move it somewhere and it would create jobs and there would be vibrancy in that particular region that we would establish the head office.
    So I have a problem with stressing of the that the head office should be in the capital of the Republic.
    Mr First Deputy Speaker 5:48 p.m.
    Hon Chairman, he is suggesting that Accra is congested and so we should take it to Koforidua. What do you say?
    Dr Assibey-Yeboah 5:48 p.m.
    Mr Speaker, no. I would want the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs to state his amendment again. I think that was neater and simple. So if we could have him move his amendment again and then —
    Mr First Deputy Speaker 5:48 p.m.
    Let us listen to that and pitch one against the other.
    Mr Banda 5:48 p.m.
    Mr Speaker, this was what I said;
    “The Fund shall establish a head office in the capital of the Republic and may open branches within or outside the Republic subject to the approval of the Minister.”
    Mr Anyimadu-Antwi 5:48 p.m.
    Mr Speaker, I am tempted to suggest that we use the rendition in the original Bill, so that we would avoid the citation of the capital. If administratively, they find it very useful to open it in Accra or elsewhere, then they would do that. So I do not support the amendment. I pray that we leave it as it is originally.
    Mr First Deputy Speaker 5:48 p.m.
    Very well.
    Alhaji I.A.B. Fuseini 5:48 p.m.
    Mr Speaker, the last Hon Member who spoke, my Hon Colleague and senior at the Bar, has not helped this House. The provision has
    Alhaji I.A.B. Fuseini 5:48 p.m.


    gone through several amendments. And if he says that we should leave it as it is, it means that he is discounting all amendments that we have agreed on.

    Mr Speaker, what he is suggesting is that we delete “capital” from the amendment. Mr Speaker, in the amendment that we are dealing with, the Hon Chairman has proffered a very cogent reason why we should delete, “where it considers necessary for the performance of its functions.”

    And we have agreed because that is also conditional, just as “may”. So conditionals in one sentence and so we delete it. But I think that we have agreed, even though the learned respected Chairman of the Committee on Communications — Because this House is a House of Law, I fear your statement that we should use common sense might get interpreted that we do not deal with the law here but common sense.

    Mr Speaker, but the whole amendment that we are now dealing with is whether we should move “subject to the approval of the Minister” to immediately after the operative verb, “shall” or we leave it where it is.
    Dr A. A. Osei 5:48 p.m.
    Mr Speaker, I have no problem on the amendment by the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs, except that the word, “capital” should be removed. If we say, in the Republic, it may or may not be in the capital.
    What is the reason for insisting in the capital if it is not the best place for the headquarters? What is the rationale for it to be in the capital? That is why the Hon Chairman for the Committee on
    Communication's commonsensical approach should be taken into consideration.
    If we leave it for the “Republic”, it could be in the capital or not. But why must we — In fact, as he said, the capital is so chocked that we should encourage moving out of the capital. So we should think about it as legislators. Having it in the capital is not the best.
    Mr Kyei-Mensah-Bonsu 5:58 p.m.
    Mr Speaker, we are dealing with mineral resources, and minerals scattered all over in the country. Now, the 1992 Constitution provides in article 35 (6) (d) that the State shall take the appropriate measures to ensure that wherever practicable, the headquarters of a government or public institution offering any services is situated in an area within any region, taking into account the resources and potentials of the region and the area.
    Mr Speaker, we are now maybe talking about the dominance of gold and the area that we have the maximum production of gold is the Western Region. So, the people of the Western Region insist that then the headquarters should be in the Western Region. But we are talking about several minerals and not only gold. That is the reason we are saying that we need to have this in the capital to be the aggregation of all the minerals in the country.
    Mr Speaker, I think as the Hon Member for Old Tafo said, this is a common- sensical approach.
    Mr Iddrisu 5:58 p.m.
    Mr Speaker, maybe given the posture, we will be legalistic to our rules. On clause 26, as far as today's Order Paper is concerned, there is only one advertised amendment in the name of the Chairman of the Committee. Further to it, we have sought to improve it.
    So I would now want to insist that one; I beg to move, clause 26, line 3, delete “country” and insert “Republic”. Mr Speaker would then put the Question.
    Then clause 26 line 2, delete “considers necessary”. And then Mr Speaker would put the Question because all these were not being considered and were not considered by the Committee at its meeting for amendment. But we are now saying that we need to amend them. We cannot use “Republic” in the first line and use “country” in the second line -- we get that corrected.
    Secondly, we cannot continue to say it is establishing head office for the necessary performance of its function; that is superfluous -- delete it.
    Thirdly, we further improve upon the Hon Chairman's amendment which I stated that “the Fund shall subject to the approval of the Minister have its head office in the Republic and may open branches within or outside the Republic” the latter being as the Hon Fuseini provided. Then we deal with it.
    Mr Speaker, then to remind the Hon Ken Ohene Agyapong that this step he took was not the master-dance step where he will bulge in to make it more exciting. He thought he was dancing to the tune of “Mansa” song.
    He took a good step in dancing to the “Mansa” song but this common sense must be based on law. [Laughter] We are not discussing the head office as to where the national capital should be; where we would have maybe, the minerals financial capital of it is what I thought he had gone beyond the birthday dance of “Mansa” into the realms of law. [Laughter]
    Mr Speaker, I thank you.
    Dr A. A. Osei 5:58 p.m.
    Mr Speaker, with respect to the Hon Minority Leader, I know he is supposed to guide us in the deliberations of the House. But he gets up and gives directions: we do one, two and three -- who is he giving those directions to?
    Who is he directing; is it the Rt. Hon Speaker? [Laughter] That is what he said we should do and I am surprised that the Hon Minority Leader wants to direct the Rt. Hon Speaker.
    He said there is only one amendment and that we should do (a), (b), (c), (d); he cannot do that. If he is offering suggestions and amendments, he should put them there. But that was not what he just said. He said we have gone too much and that we should do one, two and three. Who is he directing; the House or the Rt. Hon Speaker?
    I am confused because it looks like he is directing the Rt. Hon Speaker.
    Mr First Deputy Speaker 5:58 p.m.
    Hon Members, I have listened to everybody already. I would put the Question on the proposed amendment offered by the Hon Chairman of the Constitutional, Legal and Parliamentary Affairs Committee.
    Hon Chairman of the Committee, kindly read your rendition again so I would put the Question. The two of them are the same; one is subject to the Minister in front and the other at the back. Can I hear you?
    Mr Banda 5:58 p.m.
    Mr Speaker, I beg to move, that the Fund shall have a head office in the capital of the Republic and may open branches within or outside the Republic, subject to the approval of the Minister.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 5:58 p.m.
    Mr Speaker, I beg to move, clause 27, paragraph (b), delete “investment of minerals income” and insert “investments”.
    rose
    Mr First Deputy Speaker 5:58 p.m.
    I will put the Question.
    Yes, Hon Muntaka?
    Alhaji Muntaka 5:58 p.m.
    Mr Speaker, it looks like we are having two Order Papers today. I say so because I have in my hand the same Order Paper for today, Thursday, 27th September, 2018 -- clause 27 on page 26 is saying that delete ‘everything'. [Interruption.]
    But look at this one: is it another Order Paper? This is also for Thursday, 27th September, 2018, but this one is giving us that clause on page 26.
    Dr Assibey-Yeboah 5:58 p.m.
    Mr Speaker, he is talking about a different thing.
    rose
    Mr First Deputy Speaker 5:58 p.m.
    Hon Members, I will put the Question.
    Dr Assibey-Yeboah, I will hear you after I have put the Question.
    Question put and amendment agreed to.
    Yes, what were you saying, Hon Chairman of the Committee?
    Dr Assibey-Yeboah 5:58 p.m.
    Mr Speaker, I felt the Hon Minority Chief Whip should have apologised to the House for leading us unto the path of unrighteousness. [Laughter.]
    Mr First Deputy Speaker 5:58 p.m.
    The right to make a mistake is open to everybody. His mistake is very well noted and advertised. [Laughter.]
    Mr Iddrisu 6:08 p.m.
    Mr Speaker, clause 27 (a) -- I do not know if the Hon Chairman of the Committee is minded:
    “The sources of money for the Fund are
    (a) minerals income;”
    Mr Speaker, “minerals income” for the purpose of this Bill must be defined.
    Is it minerals income from royalties as I understand it? We cannot just say minerals income because even under the Constitution, there is a provision for -- [Interruption] -- No, I have looked at it.
    Mr Speaker, he has defined it. I could go to his definition because I have marked it. It states:
    “minerals income means
    (a) any mineral royalties; and
    (b) any amount of money payable to the Republic on account of a minerals equity interest including any divestment or sale of that equity interest”.
    If we say,
    “The source of money for the Fund are
    (a) minerals income…”
    Mr First Deputy Speaker 6:08 p.m.
    Hon Chairman of the Committee, item numbered vii?
    Dr Assibey-Yeboah 6:08 p.m.
    Mr Speaker, I beg to move, clause 27, paragraph (c), delete “its” and after “interests”, insert “of the Fund”.
    Mr Speaker, it would read 6:08 p.m.
    “(c) moneys raised from the sale of shares, rights or interests of the Fund in the Special Purpose Vehicle or other company;”
    Question put and amendment agreed to
    Mr First Deputy Speaker 6:08 p.m.
    Hon Chairman of the Committee, item numbered viii?
    Dr Assibey-Yeboah 6:08 p.m.
    Mr Speaker, I beg to move, clause 27, paragraph (g), lines 1 and 2, delete “that the Minister, with the approval of Parliament, may determine to be payable to the Fund” and insert “approved by Parliament”.
    Mr Speaker, it would now read 6:08 p.m.
    “any other moneys approved by Parliament.”
    Mr First Deputy Speaker 6:08 p.m.
    Hon Members, this is a straightforward one. I will put the Question.
    Question put and amendment agreed to
    Clause 27 as amended ordered to stand part of the Bill.
    Clause 28 -- Payment of mineral royalties
    Dr Assibey-Yeboah 6:08 p.m.
    Mr Speaker, I beg to move, clause 28, subclause (1), line 2, delete “revenue collection authority” and insert “Ghana Revenue Authority” and unless the context otherwise requires, do same wherever the phrase appears in the Bill.
    Mr Speaker, earlier in clause 5, we had used Ghana Revenue Authority. Later in the Bill, we found “revenue collection authority”. We know the revenue collection authority as Ghana Revenue Authority (GRA), hence, the amendment.
    Dr A. A. Osei 6:08 p.m.
    Mr Speaker, I have a little difficulty with this generalisation which assumes that the GRA will always be the GRA. [Interruption.]
    Mr Speaker, I do not know whether the revenue collection authority is the same as the GRA. We just changed from Internal Revenue Service (IRS) to GRA. We could change it to GRC tomorrow or call it anything else. So I believe that the words, “revenue collection authority” is better so that we do not have to come back when the name is changed to change it in this important Bill.
    Mr Speaker, a revenue collection authority is a revenue collection authority whether it is IRS, GRA or GIG. Otherwise, we would have to go and define --
    Dr A. A. Osei 6:08 p.m.


    [Pause] -- [Interruption] --

    Mr Speaker, we are saying that we have a new proposed amendment on the interpretation but it is not there -- [Interruption]. What do you mean we would get there? The two must go together so we can see it synchronised. Right now, it is not there.

    So when I see, “revenue collection authority” defined as GRA, I believe it is wrong. That name just came a few years ago. It used to be the IRS. [Interruption].

    So Mr Speaker we should look at it again unless we have a definition for that in here but it is not proposed.
    Mr First Deputy Speaker 6:08 p.m.
    Yes, Hon Member for Suhum, let me hear you before I come to the Hon Minority Leader.
    Mr Opare-Ansah 6:08 p.m.
    Mr Speaker, prior to the appearance of GRA in this particular clause, it had appeared much earlier as far back as clause 5 where we had even specifically stated a Commissioner for the Domestic Tax Revenue Division of GRA.
    We all noticed it and that is why in the interpretation, we decided to make it sound as generic as possible by saying that it is that body which has been created by this Act which for the time being is responsible for revenue collection.
    Mr Speaker, it is implied there that if in future there is any changes, then the body which then becomes responsible for revenue collection would assume that responsibility. So the Hon Minister for Monitoring and Evaluation -- [Interruption] -- we would get there. There is a proposal -- [Interruption.]
    Mr First Deputy Speaker 6:08 p.m.
    Hon Minister for Monitoring and Evaluation, I have not given you the Floor.
    Mr Opare-Ansah 6:08 p.m.
    There is a proposal for that amendment further down the line. We would get there.
    Mr First Deputy Speaker 6:08 p.m.
    Hon Members, there is a revenue authority established by law and that is the one we know. Any other one is speculative, so we should go by what is established by law which is the GRA. [Interruption] -- It would be changed by law.
    Yes, Hon Minority Leader?
    Mr Iddrisu 6:08 p.m.
    Mr Speaker, I believe that the Hon Minister for Monitoring and Evaluation is leading us astray in this matter. He should accept that the GRA as you have said is established by law.
    Mr Speaker, I have some issues with clause 28 and with your leave, let me introduce them. First, do we need to add the words, “in accordance with law” when we say, “mineral royalties shall be assessed, collected and accounted for by the Ghana Revenue Authority”? That should be enough.
    Mr Speaker, then, let me refer you to clause 41. Even when we say, “in accordance with the law and applicable minerals investment agreement”, are we leaving out “stability agreement” which is contemplated in aspects of this Bill? The expected returns and their payments would not only affect “minerals investment agreements” but I believe, “stability agreements” too.
    Mr Speaker, may I refer you to clause 41 of the Bill? We should take a more general view of this because that is the essence of the law; “Payments of Mineral Royalties”. We would want to
    accommodate all the deserving mineral royalties for the Republic in this Fund. Which sources would they come from? Royalties, investment agreement and stability agreements. I do not find stability agreements anywhere in clause 28.
    So, the Hon Chairman of the Committee should relook at it. I believe in accordance with law, clause 28 (1) line 2 should not be part of it. The GRA is established by law and work in accordance with law in establishing this.
    Mr Speaker, second is “applicable mineral investment agreement”. What happens to “applicable stability agreement”? I ask this because I see in clause 41; stability agreement. I beg to quote:
    “The Minister may…”
    Incomes coming from the stability agreements will also be affected by this.
    Mr First Deputy Speaker 6:08 p.m.
    So Hon Minority Leader, are you proposing an amendment to the clause 28?
    Mr Iddrisu 6:18 p.m.
    Mr Speaker, I am mindful to influence policy in this Bill. That is why I am saying that the Hon Chairman of the Committee should take note.
    What is Government policy on this? I have seen it in aspects of it but I am minded that constitutionally, it may be a policy matter but I have seen that -- [Interruption] -- That is why I am saying that I am referring back to you but I believe that if I have your indulgence, the second line of clause 28 (1) should be deleted:
    “… in accordance with law”
    , want an amendment to delete that.
    Secondly, ‘maybe applicable stability and investment agreement', that is if there is no objection.
    Mr First Deputy Speaker 6:18 p.m.
    Let us take them one after the other.
    rose
    Mr First Deputy Speaker 6:18 p.m.
    Hon Member for Asante Akim Central first.
    Mr Anyimadu-Antwi 6:18 p.m.
    Mr Speaker, I would want to plead with the Hon Minority Leader to reconsider the amendment that he is proposing. This is because there are several laws that may direct the manner that the payments must be made.
    So, if “in accordance with law” is there, it might state that it should be paid in a week or two and apart from that, I believe that he has signaled that he concedes and has decided to withdraw the amendment.
    Mr Opare-Ansah 6:18 p.m.
    Mr Speaker, the Hon Minority Leader raised the issue of Minerals Investment Agreement. Minerals Investment Agreement is not a new Agreement. If you go into the interpretation section, it states and I quote:
    “Minerals Investment Agreement” means any agreement entered into by and between a mining company and the Republic or any Agency of the Republic pursuant to section 48 or 49 of the Minerals and Mining Act, 2006 (Act 2006) …”
    If you look at --
    Mr First Deputy Speaker 6:18 p.m.
    Hon Members, there is too much noise in the room.
    Mr First Deputy Speaker 6:18 p.m.
    Very well.
    So we are back to the amendment proposed by the Hon Chairman.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:18 p.m.
    Mr Speaker, I beg to move, clause 28, subclause (2), line 1, delete “payable by” and insert “assessed as due from” and in line 4, delete “when due”.
    Mr Speaker, so clause 28 (2) will now read 6:18 p.m.
    “The mineral royalties assessed as due from a mining company in each month including any payments due for the late payment of mineral royalties calculated in accordance with the applicable law or any agreement between the relevant mining company and the Republic shall be paid by the relevant mining company by direct transfer into the Fund”.
    Question put and amendment agreed to.
    Item numbered (xi)?
    Mr Kyei-Mensah-Bonsu 6:18 p.m.
    Mr Speaker, I was just conferring with the Hon Chairman of the Finance Committee. What we have here as the headnote in clause 28
    as Payment of mineral royalties and it looks as at certain places they are using --
    Mr First Deputy Speaker 6:18 p.m.
    May I know which clause or subclause?
    Mr Kyei-Mensah-Bonsu 6:18 p.m.
    Mr Speaker, the headnote of clause 28; it is mineral royalties and indeed, clause 28(1) and (2) talk about mineral royalties but I saw “minerals royalties” somewhere and I was trying to look for it.
    Indeed in the interpretation, they also use “minerals royalties” and I thought that we should be consistent in what the terminology should be. Is it “mineral royalties” or “minerals royalties”?
    Mr First Deputy Speaker 6:18 p.m.
    But if you go to the interpretation, it is interesting as: “minerals royalties” means
    (a) Amounts payable under section 25 of the Minerals and Mining Act, 2006 …”
    So it is referring to another Act and not this --
    Dr Assibey-Yeboah 6:18 p.m.
    Mr Speaker, the concerns of the Hon Majority Leader are taken care of in the interpretation section. There is an advertised amendment which changes “minerals” to “mineral”.
    Mr First Deputy Speaker 6:18 p.m.
    Very well.
    So, let us do item number (xi).
    Dr Assibey-Yeboah 6:18 p.m.
    Mr Speaker, I beg to move, clause 28, subclause (5), paragraph (a), at the beginning, insert “not”.
    Mr Speaker, this was a typographical error and we should have had “not” so that clause 28(5) (a) will read:
    “not be classified”
    So that is the amendment here.
    Mr First Deputy Speaker 6:18 p.m.
    Hon Chairman, where do you want us to insert the “not”?
    Dr Assibey-Yeboah 6:18 p.m.
    Mr Speaker, inserting “not” ‘‘at the beginning of'' paragraph (a) before (b). So that clause 28(5) (a) will be:
    “not be classified”
    Mr First Deputy Speaker 6:18 p.m.
    I thought you were referring to, at the end of, or after ‘shall'.
    Dr Assibey-Yeboah 6:18 p.m.
    Mr Speaker, no, at the beginning of sub-clause (a).
    Mr First Deputy Speaker 6:18 p.m.
    So, it is consistent with the others.
    Dr Assibey-Yeboah 6:18 p.m.
    Mr Speaker, yes.
    Mr First Deputy Speaker 6:18 p.m.
    Very well.
    Mr Matthias Ntow 6:18 p.m.
    Mr Speaker, I would want the Hon Chairman to expatiate further on why he is placing “not” there.
    Dr Assibey-Yeboah 6:18 p.m.
    Mr Speaker, I believe that I said this was a typographical error and we do not want income accruing to the Republic from minerals paid to the Fund to be classified as taxes but the “not” did not appear. So we are only inserting the “not” here so that income accruing to the Republic from the minerals paid to the Fund by mining companies shall not be classified as taxes.
    Mr Iddrisu 6:18 p.m.
    Mr Speaker, I have some difficulties with clause 28(5) and even the associated amendment. I would probably raise constitutionality of it.
    Mr Speaker, if you come to sub-clause (5) (b) 6:18 p.m.
    “not to be used as the basis of determining any statutorily earmarked funds; and”
    The District Assemblies Common Fund (DACF) is a Statutory fund and a creation of the Constitution. We cannot use an Act of Parliament to amend the Constitution and that is the first one.
    Secondly, subclause (a):
    “be classified as taxes paid by the mining companies and shall not be expended as conventional tax revenue paid to the Government for purposes provided for under a relevant law in the Republic”

    Mr Speaker, anyway, I have shared my opinion. You can say no and as I have said, I am not looking for judgement on this matter but that we should be careful on this.

    We say in subclause (b): ‘‘not be used as basis…”

    Mr Speaker, now if we say common fund and maybe, I should go to the constitutional provision on the DACF where the five per cent is used and we say tax revenue.

    Mr Speaker, we have debated on the issues of total revenue against the tax revenue. I am just cautioning. [Interruption] -- Yes, but we are here and you can legislate.

    Mr Speaker, I am saying that we cannot use an Act of Parliament to amend the Constitution. We can put the Question, but I insist that we cannot do that. It is not right. We are by this---
    Mr First Deputy Speaker 6:28 p.m.
    Hon Members, let us look at what is supposed to go to the Common Fund and be clear in our minds whether we are by this taking away anything, so let us all refer to the Constitution and I beg to quote:
    Article 252, thus reads;
    “(1) There shall be a fund to be known as the District Assemblies Common Fund.
    (2) Subject to the provisions of this Constitution, Parliament shall annually make provision for the allocation of not less than five per cent of the total revenues of Ghana to the District Assemblies for development; and the amount shall be paid into the District Assemblies Common fund in quarterly instalments”.
    “Total revenue”, so this provision, if passed, what is the effect on this part, when it is saying it should not be used as part of any statutory fund?
    I am putting the matter for us to discuss. “Total revenue”, but we are by this saying that it is not tax revenue. Whether tax or not, can we say that any part of it cannot be transferred to any fund?
    Mr Anyimadu-Antwi 6:28 p.m.
    Mr Speaker, I am glad that we have not gotten a response to the question that is posed, but I would pick it up from clause 28(1), (2) and (3).
    We have set up a fund, and have said that the Ghana Revenue Authority shall in accordance with law collect and account for this, and this shall be set up in this account.
    To me, I do not believe that what we are doing is ultra vires to the Constitution.
    Mr First Deputy Speaker 6:28 p.m.
    Kindly go to clause 28 (5) (b);
    “Income accruing to the Republic from minerals paid to the Fund by a mining company shall
    (b) not be used as the basis of determining any statutorily earmarked funds;…”
    Does that affect article 252 (2)? I believe that particular one cannot pass. That is my view.
    Mr Kyei-Mensah-Bonsu 6:28 p.m.
    Mr Speaker, we can stand that one down and consult among ourselves to see the way forward. I am trying to look at what we did with the Petroleum Revenue Management Act.
    Mr Speaker, let us look at it. You remember that we had some debate on what constitutes total revenue. In the Local Governance Act, we circumscribed
    it, so we were explicit on that, that it excludes these earmarked funds.
    So, Mr Speaker, I am saying that we should not pronounce on it. We should stand that particular one down and have further consultations. We would deal with this tomorrow.
    Mr First Deputy Speaker 6:28 p.m.
    Are you saying that we have provided a definition for total revenue?
    Mr Kyei-Mensah-Bonsu 6:28 p.m.
    Mr Speaker, yes, in the Local Governance Act we did.
    Mr First Deputy Speaker 6:28 p.m.
    If we had a copy -- but if we do not have a copy, I suggest that we stand clause 28 down and proceed.
    Mr Opare-Ansah 6:28 p.m.
    Mr Speaker, it is good to do that, but just to draw our attention also to the fact that this is not new. Take the other funds we have created, such as GETFund. I do not think the revenue that accrues into GETFund is taken into account when we are computing the Common Fund.
    In the same way, that is how this particular provision is trying to ring-fence this fund.
    Mr First Deputy Speaker 6:28 p.m.
    I beg to differ. In the case of Health Fund and GETFund, we put specific funds for specific purposes, so they are not revenue so to speak. They are revenue to the extent that they are dedicated to specific purposes. That is different from revenues that are coming into the main Consolidated Fund, being calculated to determine --
    Here, if we pass this law, we are saying that revenues coming here cannot be considered as part of the general revenue
    for purposes of determining what goes into Statutory funds.
    So probably, if we want to set aside the GETFund and Common Fund, I do not think this has ever been -- the GETFund and Common Fund are not taken from general revenue. They are taxes on expenditure.
    Mr Opare-Ansah 6:28 p.m.
    Mr Speaker, they are expenditure that are oriented, and this is investment oriented, so the same way the law is seeking to exclude them from that particular calculation, it is the same sense. It is just what we are going to use the funds for that differs, but in principle they are the same.
    Mr First Deputy Speaker 6:28 p.m.
    Let us read the subclause 5 again.
    “Income accruing to the Republic from minerals paid to the Fund by a mining company shall not...”
    And here, we are trying to pitch Statutory funds against a constitutional fund. The Common Fund is set up by the Constitution, and it is different in scope from GETFund and Health Fund.
    In this case, we are saying that income accruing to the Republic from minerals paid to the Fund are not to be considered as general revenue. I would want us to consider the definition of total revenue as we have considered before we proceed further, so I direct that clause 28 be stood down so we could proceed.
    Mr Kyei-Mensah-Bonsu 6:28 p.m.
    Mr Speaker, rather, clause 28(5).
    Mr First Deputy Speaker 6:28 p.m.
    Very well, we have done the others, so clause 28(5).
    Mr Kyei-Mensah-Bonsu 6:28 p.m.
    Mr Speaker, just as you said, what we are doing here, the Minerals Income Investment Fund, is a new fund that we are creating in line with article 175. It is a fund that is outside the Consolidated Fund.
    So it is not at the same level as GETFund or the Health Insurance, so that is where the distinction is, but as you said, let us step it down and further consult among ourselves.
    Mr First Deputy Speaker 6:28 p.m.
    Very well, we would proceed to clause 29.
    Hon Chairman of the Committee?
    Clause 29 -- Payment of minerals in place of royalties
    Mr Assibey- Yeboah 6:28 p.m.
    Mr Speaker, I beg to move, clause 29, subclause (2), line 2, before “days” insert “calendar”.
    Mr First Deputy Speaker 6:38 p.m.
    So it becomes “sixty calendar days”.
    Question put and amendment agreed to.
    Clause 29 as amended ordered to stand part of the Bill
    Mr Iddrisu 6:38 p.m.
    Mr Speaker, I was consulting with the Hon Ranking Member on Constitutional, Legal and Parliamentary Affairs Committee. Let us look at the headnote of clause 29, “Payment of minerals in place of royalties”.
    Mr First Deputy Speaker 6:38 p.m.
    But if you read the text, the headnote is not wrong. “Where Government elects for payment of royalty …” So, somebody is paying royalty. “… and any other related payments to be made in minerals …” So, that person is paying minerals in lieu of royalties. So, it is still a payment. Receiving royalties in kind.
    rose
    Mr First Deputy Speaker 6:38 p.m.
    Let me hear Hon Mathias Ntow.
    Alhaji I.A.B. Fuseini 6:38 p.m.
    Indeed, all of us could not --
    Mr First Deputy Speaker 6:38 p.m.
    Hon Members for Tamale Central and Suhum, kindly resume your seats. I gave the Floor to the Hon Mathias Ntow.
    Mr Ntow 6:38 p.m.
    Mr Speaker, may you live long. [Laughter]
    Mr Speaker, I do not understand “Payment of minerals in place of royalties” well. Does it mean that the company is going to provide physical or some minerals instead of paying cash into the Fund? Mr Speaker, that should be explained vividly or I would suggest that this is explained at the Interpretational section of the Bill.
    Mr Kyei-Mensah-Bonsu 6:38 p.m.
    Mr Speaker, we engaged in this debate some three or four years ago when we were crafting the Petroleum Revenue Management Act
    (PRMA).
    Mr First Deputy Speaker 6:38 p.m.
    It is eight years ago.
    Mr Kyei-Mensah-Bonsu 6:38 p.m.
    Mr Speaker, eight years ago? 2009 right?
    Mr First Deputy Speaker 6:38 p.m.
    Yes.
    Mr Kyei-Mensah-Bonsu 6:38 p.m.
    Mr Speaker, in words, we have imported about the same thing. In clause (4), where Government elects for payment in petroleum instead of cash, it is the same order. So Mr Speaker, we are not doing anything different.
    Alhaji I.A.B. Fuseini 6:38 p.m.
    Mr Speaker, that is what when one gets up to read into the law, it distorts his thinking and he is swept away. That is what the Hon Minority Leader has done to us. He swept us away by saying payment of minerals momentarily, but we have come back. Using minerals to pay instead of cash is what the headnote says.
    Mr First Deputy Speaker 6:38 p.m.
    Hon Members, there is no advertised amendment to clause 30.
    Dr Assibey-Yeboah 6:38 p.m.
    Mr Speaker, you did not put the Question on the entire clause 29.
    Mr First Deputy Speaker 6:38 p.m.
    I did.
    There is no advertised amendment to clause 30 so I will put the Question.
    Clause 30 ordered to stand part of the Bill.
    Clause 31 -- Disbursement of moneys of the Fund
    Dr Assibey-Yeboah 6:38 p.m.
    Mr Speaker, I beg to move, clause 31, subclause (1), delete and insert the following:
    “The Fund shall not later than three days after receipt of any mineral income distribute the amount due and payable into the designated account of the Minerals Development Fund in accordance
    with the Minerals Development Fund Act, 2016 (Act 912).”
    Mr Speaker, what we are doing is to make it clear that there is a law that mandates that 20 per cent of mineral royalties goes to the Minerals Development Fund. So, the amendment here is to reference that law.
    Question put and amendment agreed to.
    Clause 31 as amended ordered to stand part of the Bill.
    Clause 32 -- Bank accounts
    Mr First Deputy Speaker 6:38 p.m.
    Hon Chairman, the advertised amendment is in your name.
    Dr Assibey-Yeboah 6:38 p.m.
    Mr Speaker, I beg to move, clause 32, subclause (1), line 1 and 2, delete “made by the Fund” and in line 3, delete “for the purposes of the Fund”.
    So, clause 32 (1) would now read:
    “Minerals income and income from investments and other receipts of the Fund shall vest in the Fund and shall be paid into bank accounts opened by the Fund with the approval of the Controller and Accountant-General.”
    Mr First Deputy Speaker 6:38 p.m.
    The Question is why do we need the Controller and Accountant-General to approve? This is an investment Fund, it is not a public fund for expenditure.
    Alhaji I.A.B. Fuseini 6:38 p.m.
    Mr Speaker, that is a very good question, but it is because this is a public institution and these are public funds. The Controller and Accountant-General is the treasurer so he has to authorise for the account to be opened.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:38 p.m.
    Item
    numbered 11 (xv).
    Dr Assibey-Yeboah 6:38 p.m.
    Mr Speaker, I beg to move, clause 32, subclause (2), line 4 delete “its account” and insert “the accounts of the Fund”.
    Mr First Deputy Speaker 6:48 a.m.
    Very well.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 6:48 a.m.
    Mr Speaker, the Hon Chairman emphasised “its”, so I was getting a bit confused. What is to be deleted? There are two words, “its” and “account”, so “its account”. That is why I was a bit --
    Mr First Deputy Speaker 6:48 a.m.
    That is what he said.
    Mr Kyei-Mensah-Bonsu 6:48 a.m.
    When he repeated it, he said “its” and that is my problem. I think I am home and dry now.
    Mr First Deputy Speaker 6:48 a.m.
    Very well. I would put the Question again.
    Question put and amendment agreed to.
    Clause 32 as amended ordered to stand part of the Bill.
    Clause 33 -- Foreign policy arrangements
    Dr Assibey-Yeboah 6:48 a.m.
    Mr Speaker, I beg to move, clause 33 — subclause (1), opening phrase, after “may” add “subject to Bank of Ghana regulations and any other relevant laws”.
    The new rendition would read,
    “The Fund or a Special Purpose Vehicle may subject to Bank of Ghana regulations and any other relevant laws…”.
    Mr Speaker, it is for the avoidance of doubt and also for the abundance of caution.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:48 a.m.
    Mr Speaker, I beg to move, clause 33 — subclause (2), opening phrase, delete “To the extent that the following are not included in” and insert “Despite”.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:48 a.m.
    Mr Speaker, I beg to move, clause 33 — subclause (3), opening phrase, delete.
    Mr Speaker, having referenced the Bank of Ghana regulations and any other relevant laws, it makes this one redundant.
    Question put and amendment agreed to.
    Clause 33 as amended ordered to stand part of the Bill.
    Clause 34 -- Administrative expenses of the Fund
    Dr Assibey-Yeboah 6:48 a.m.
    Mr Speaker, I beg to move, clause 34 — headnote, before “expenses”, insert “and other”.
    The new rendition would read:
    “Administrative and other expenses of the Fund”.
    The body reflects this, so we wanted it to conform to the headnote.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 6:48 a.m.
    Mr Speaker, I beg to move, clause 34 — line 3, after “Fund” at the end of line 3, insert “as approved by the Minister”.
    Mr Opare-Ansah 6:48 a.m.
    Mr Speaker, the amendment proposed by the Chairman should rather come after the first “Fund” on that same line. So, it would read:
    “officers of the Fund with the approval of the Minister shall be charged on the Fund.”
    Alhaji I. A. B. Fuseini 6:48 a.m.
    Mr Speaker, the proper location of the amendment is line 3, after “shall”. It would read, “shall subject to the approval of the Minister…”.
    Mr Asamoa 6:48 a.m.
    Mr Speaker, on the contrary, it is after the first “Fund” in line 3. This is because the approval refers to approval of the emoluments and not the approval of the charge. The charge is a given by law.
    This law says it would be a charge on the Fund. However, the Minister is required to approve the salaries, wages, allowances and pensions. So the Minister's approval comes after the first “Fund”, which is “officers of the Fund” and then the amendment comes.
    Mr Shaibu Mahama 6:48 a.m.
    Mr Speaker, the amendment should be inserted in line 3, after “shall”. So it would read:
    “The administrative and other expenses related to the management of the Fund including salaries, wages and pensions of employees and officers of the Fund shall as approved by the Minister be charged on the Fund.”
    Dr A. A. Osei 6:48 a.m.
    Mr Speaker, they went to winnowing, finished and the Chairman put this on the Order Paper. This says “Chairman of the Committee”, so my
    assumption is that this is what the winnowing team -- [Interruption.] The Chairman says he did not put it on the Order Paper but he read it. So it means that he was reporting what -- [Interruption].
    Mr First Deputy Speaker 6:48 a.m.
    There are two “Funds” in line 3, so which one?
    Dr A. A. Osei 6:58 p.m.
    Mr Speaker, the Hon Chairman of the Committee read it and he said he did not put it on the Order Paper. If there is a mistake in the Order Paper, his job is to correct it for us after the agreement.
    Mr First Deputy Speaker 6:58 p.m.
    Hon Member, that would be discussed at the standing winnowing Committee, but for now, let us move forward. There are three different locations -- the Hon Chairman of the Committee has not withdrawn, so his is one location, the Hon Members for Suhum and Adenta also gave the same location. So we have to reconcile the two.
    Dr Assibey-Yeboah 6:58 p.m.
    Mr Speaker, I would want to further amend the amendment I proposed so that this would come after the first ‘'Fund''.
    Mr First Deputy Speaker 6:58 p.m.
    Very well.
    Hon Chairman of the Committee, kindly read your final rendition.
    Dr Assibey-Yeboah 6:58 p.m.
    Mr Speaker, the final rendition would be:
    ‘'The administrative and other expenses related to the management of the Fund including the salaries, wages and pensions of employees and officers of the Fund as approved by the Minister shall be charged on the Fund''.
    Mr First Deputy Speaker 6:58 p.m.
    Hon Majority Leader, whether it is ‘ad-mini- strative'' or ‘admni-strative'' I recognise the word. [Laughter]
    The Hon Majority Leader went to St. Peters Senior High School and the Hon Chairman of the Committee went to Presbyterian Secondary School so that is where the competition is.
    Hon Opare-Ansah, your ‘'shall'' has been ignored. I would put the Question on the Hon Chairman of the Committee's amendment and if after that you would want to propose a further amendment, I would allow you.
    Hon Member, let me hear you.
    Alhaji I.A.B. Fuseini 6:58 p.m.
    Mr Speaker, I support the Hon Chairman of the Committee's amendment, but I heard the Hon Minister for Monitoring and Evaluation say that the Hon Chairman of the Committee put the advertisement on the Order Paper. He filed it; he did not put it on the Order Paper.
    Question put and amendment agreed to
    Alhaji Muntaka 6:58 p.m.
    Mr Speaker, I wonder why we have the word ‘'pension'' here. I thought it would be ‘'salaries and wages''. [Interruption] -- No, pensions are not emoluments.
    Mr Speaker, I know that article 71 of the Constitution and the National Pension Act determines those to receive this. This is because there is the Social Security and National Insurance Trust (SSNIT) where
    people contribute and draw when they are on retirement.
    Mr Speaker, to say that employees of this Fund could be given pension [Interruption] -- My worry is not to assume that employees of this Fund by virtue of being employees, would have pension from the Fund.
    Mr First Deputy Speaker 6:58 p.m.
    Hon Members, what pension are we talking about? Is it the monthly contribution which is concomitant with one's salaries or wages or which other pension are we talking about?
    Mr Kyei-Mensah-Bonsu 6:58 p.m.
    Mr Speaker, I thought the Hon Minority Chief Whip would take the position that maybe, we do not need to introduce the word ‘'pensions'' because constitutionally salaries include pensions anyway.
    Mr Speaker, with the article 71 that he quoted, the subsection (3) says 6:58 p.m.
    ‘'...'salaries' includes allowances, facilities and privileges and retiring benefits or awards''.
    I thought that he would argue that there is no need to add the word ‘'pensions'' because salaries include retiring benefits which is pension.
    Mr First Deputy Speaker 6:58 p.m.
    Hon Majority Leader, that article is limited to that particular article. It says that: ‘'for the purposes of this article…''
    It is only for the purposes of that article so it should not be extended to any other legislation.
    If it is the charges, it is part of the salary anyway, so the word ‘'pension'' should be deleted, so that it would not lead to an interpretation that the Fund is liable to
    pay some people pensions when they retire in addition to other contributions. Let us not give room for any Judge to make any interpretation which we did not intend.
    Alhaji Muntaka 6:58 p.m.
    Mr Speaker, that is exactly my argument. This is because if it is about the monthly contribution to SSNIT, there is an Act that has defined that.
    So once one would be paid salary, it is automatic; but if we insert it here that employees have the possibility of them being paid pension, we may be opening a pandora's box that cannot be closed.
    In my view, it is better we delete the word ‘'pension'' and just say leave it at ‘'wages and salaries''. Once people are paid salaries, their SSNIT contributions would also be paid.
    Mr Speaker, I would want to propose that in clause 34, line 2, after ‘'end'', delete ‘'pension'' and between ‘'salaries and wages'', insert ‘'and''.
    Mr Speaker, the new rendition would be 6:58 p.m.
    ‘'The administrative and other expenses related to them manage- ment of the Fund including salaries and wages of employees and officers of the Fund as approved by the Minister shall be charged on the Fund''.
    Dr K. Appiah-Kubi 6:58 p.m.
    Mr Speaker, since we are here pinning a descriptive, I would want to propose that instead of the word ‘pension', the words ‘‘and other allowances'' should be inserted.
    Mr Speaker, the new rendition would then be 6:58 p.m.


    I am adding this because we are more descriptive —
    Mr First Deputy Speaker 7:08 p.m.
    Very well.
    We would consider your point.
    Alhaji I.A.B. Fuseini 7:08 p.m.
    Mr Speaker, we do not need to consider allowances. Initially, we had thought that the pensions would be the contribution from the salary earmarked for payments to SSNIT as pension for the employee, and that is why we thought that the “pension” should be there. But if it would create confusion, then we need to remove it.
    We do not need to add any other thing because they are just expanding “administrative and other expenses”. That is why they have used the word, “including”. So even the “allowances” does not close the payments that can be made under this Fund. It is just giving an example. That is all. So it should be;
    “The administrative and other expenses related to the management of the Fund, including the salaries and wages of employees and officers of the Fund subject to the approval of the Minister shall be charged on the Fund.”
    Mr Opare-Ansah 7:08 p.m.
    Mr Speaker, I agree with the Hon Member for Tamale Central, except that the last bit should either be,
    Mr Opare-Ansah 7:08 p.m.


    “... shall be a charge on the Fund” or “…shall be charged to the Fund”. So we can choose one of them.

    Mr Speaker, because it is “charged”, let us just change it to “shall be charged to the Fund”.
    Mr First Deputy Speaker 7:08 p.m.
    Hon Members, and so the final rendition would read:
    “The administrative and other expenses related to the management of the Fund including the salaries and wages of employees and officers of the Fund as approved by the Minister shall be charged to the Fund.”
    Question put and amendment agreed to.
    Clause 34 as amended ordered to stand part of the Bill.
    Clause 35 — Tax exemption
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, I beg to move, clause 25 delete and insert the following:
    “the Mineral Income paid to the Fund and the dividend payable by Fund or a Special Purpose Vehicle are not taxable”.
    Mr Speaker, there were a number of exemptions listed in clause 35 of the Bill, so to avoid abuse, we consulted the Tax Policy Division of the Ministry of Finance and they gave us this rendition.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 7:08 p.m.
    Hon Members, I will put the Question on clause
    35 —
    Kubi — rose
    Mr First Deputy Speaker 7:08 p.m.
    Hon Member, were you going to say anything on clause 35?
    Dr Appiah-Kubi 7:08 p.m.
    Mr Speaker, I just wanted to say that since this clause is more encompassing, then in considering clause 28(5)(a), I think that it may no more be necessary.
    Mr First Deputy Speaker 7:08 p.m.
    Clause 28 has been —
    Dr Appiah-Kubi 7:08 p.m.
    Mr Speaker, we stood it down, but in considering it, we could then probably delete the whole clause 28 subclause (5) paragraph (a) because of clause 35. This is because clause 35 is more encompassing — [Interruption] — Mr Speaker, I am just reminding ourselves.
    Mr First Deputy Speaker 7:08 p.m.
    I cannot see how thehy relate because they are talking about different things. Are they not? This is the Fund and its special purpose vehicle exempted from the payment of income tax.
    We cannot charge any tax against the Fund or any income being paid by special purpose vehicle. But clause 28 (5)(a) says that we cannot count that as tax. They are different things.
    Clause 35 as amended ordered to stand part of the Bill.
    Clause 36 — Transparency as a fundamental principle
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, I beg to move, clause 36 -- headnote, delete “Transparency” and insert “Good governance”.
    Mr Speaker, so that the headnote should read, “Good governance as a fundamental principle”.
    Mr Speaker, if we go through the clause, it talks about transparency and other attributes of good governance. So the headnote cannot be on transparency alone.
    Question put and amendment agreed to.
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, I beg to move, clause 36 - subclause (2), line 3, delete “good governance” and insert “accountability”.
    Dr A. A. Osei 7:08 p.m.
    Mr Speaker, “good governance”, in my view and listening to the Hon Chairman includes transparency, accountability and audit — [Interruption] — I am saying that instead of taking out “good governance”, we can take out “transparency” and just leave it at “standards of good governance” which covers all of them.
    Mr First Deputy Speaker 7:08 p.m.
    Are we talking about good corporate governance, good local governance or good central governance? Which one?
    We want to talk about good corporate governance. Do we not?
    I think if we are going to use “good governance”, then we should insert “coperate”. Hon Chairman, I said, where we have “good governance”, we would want to distinguish that from good local governance, good city governance or good central governance.
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, the Chairman of the Constitutional, Legal and Parliamentary Affairs Committee is saying the “good governance” that we have here should be captured in the caption or the general headnote.
    Mr First Deputy Speaker 7:08 p.m.
    Hon Member, let me hear from the Chairman of the Constitutional, Legal and Parliamentary Affairs Committee.
    Mr Banda 7:08 p.m.
    Mr Speaker, the Chairman sought to effect the amendment in respect of the headnote which has “Transparency” as a beginning for clause 36. But I was of the view that once “transparency and accountability” are subsets of “good governance”, “good governance” should rather appear in the general headnote which is titled “Transparency, Accountability and Audit”.
    So probably, in place of “transparency and accountability”, we can insert “good governance and audit” so that the rest would follow. This is because “transparency”, which is before clause 36, is a subset of “good governance”. That is my humble position.
    Mr First Deputy Speaker 7:08 p.m.
    What about “audit”? Is “audit” not part of “good governance”? In that case, “good governance” should replace all the three words.
    Mr Opare-Ansah 7:08 p.m.
    Mr Speaker, I rise in support of the Hon Member for Offinso South.
    Mr Speaker, general headnote covers clauses 36 and 37 where “accounts and audit” is covered. So, if you bring it up to the general headnote, then it encompasses all those that we know. So I agree with him.

    The proposal is to replace “Transparency, Accountability and Audit” with “Good governance”. Then at clause 36, we can maintain the “transparency” and maintain the “accounts and audit” at clause 37.
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, I agree with the --
    We would withdraw the amendment we proposed earlier.
    Mr First Deputy Speaker 7:08 p.m.
    Yes, so we would further delete “accountability and audit”. We have already deleted “transparency” and substituted that with “good governance”. So, we would delete “accountability and audit”.
    Dr A. A. Osei 7:08 p.m.
    Mr Speaker, the amendment was on clause 36 (2) --
    Dr Assibey-Yeboah 7:08 p.m.
    No, he did that earlier.
    Mr First Deputy Speaker 7:08 p.m.
    They have finished with the headnote and so I am going back to the headnote.
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, I was drawing your attention to the fact that we now have to come to the headnote and maintain it as it is now.
    Earlier, we deleted “transparency” from the headnote but let us restore it.
    Mr First Deputy Speaker 7:08 p.m.
    Really, Chairman; I thought we were substituting?
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, what we just did was on the group of sections captioned --
    Mr First Deputy Speaker 7:08 p.m.
    Very well. The general heading is what we would want to call “good governance”?
    Mr First Deputy Speaker 7:08 p.m.
    But where did we do the amendment?
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, it was on the headnote --
    Mr First Deputy Speaker 7:08 p.m.
    Of clause
    36?
    Dr Assibey-Yeboah 7:08 p.m.
    Yes, Mr Speaker.
    Mr First Deputy Speaker 7:08 p.m.
    Very well.
    So just for the avoidance of doubt, the general headnote, delete “Transparency, Accountability and Audit” and insert “Good governance”, is that right?
    Mr Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, the “audit” should be maintained. This is because generally, when we are talking about good governance — Yes, it is about transparency, accountability among others. But “audit” is a standalone matter. So, we should not just delete it and just insert; it is much more encompassing than just the “good governance”.
    Mr Quashigah 7:08 p.m.
    Mr Speaker, I believe the phrase “good governance” is all encompassing. So, the element of audit obviously finds space in good governance. If we just go by “good governance” as was earlier proposed, it suffices. It would be repetitive to mention “audit” again. So I disagree with the Hon Majority Leader.
    Mr Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, you see --
    Mr First Deputy Speaker 7:08 p.m.
    Hon Majority Leader, you would please wait. I would want to listen to other Hon Members.
    Yes, Hon Member for Ekumfi?
    Mr Francis Kingsley Ato Codjoe 7:08 p.m.
    Mr Speaker, my worry is that the phrase “good governance” is a very big phrase and carries so many other attributes, but does it clearly put any responsibility on the managers of the Fund? What is “good governance''?
    So, if we are saying somebody should be transparent, we understand that this is what is required of the person. Somebody should be accountable and so audit -- I thought that those phrases that were initially imputed to were quite clear in terms of what is expected of the managers of the Fund.
    If we say “good governance”, while it carries a lot of attributes, it really does not tell us what we expect the managers to do except to say they should practise good governance.
    Mr First Deputy Speaker 7:08 p.m.
    That is the reason I said we should call it “good corporate governance”.
    Mr Kwabena Ohemeng-Tinyase 7:08 p.m.
    Mr Speaker, I thank you for the opportunity.
    I would go for “good governance”, except to say that we may have to add “good governance” in terms of corporate so that it becomes “corporate good governance”.
    For the fact that the “good governance”, as interpreted in business terms means all the best practices that are expected — it comes with transparency, and proper auditing procedures. It follows proper procedures as laid down in law.
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, taking a cue, the group of sections captioned, as you advised, let us amend it to read “good corporate governance”.
    Mr First Deputy Speaker 7:08 p.m.
    Very well.
    Question put and amendment agreed to.
    What becomes of the headnote?
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, the amendment in items numberd (xxii) and (xxiii) would be abandoned and I would then move (xxiv) for clause 36.
    Mr First Deputy Speaker 7:08 p.m.
    Very well.
    Can you move item numbered (xxiv)?
    Dr Assibey-Yeboah 7:08 p.m.
    Mr Speaker, I beg to move, clause 36 — subclause (3), line 3, delete “transparency mechanisms” and insert “transparency, accountability”.
    Question put and amendment agreed to.
    Clause 36 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:28 p.m.
    Hon Majority Leader, it is 7.30 p.m. and my waist is paining me paa. [Laughter.]
    Hon Members, this is a good point to bring the day's proceedings to a close.
    Dr Assibey-Yeboah 7:28 p.m.
    Mr Speaker, respectfully, there are no advertised amendments to clauses 37 and 38. So, if you could put the Question on these clauses.
    Mr First Deputy Speaker 7:28 p.m.
    All right, we would take them.
    Hon Member for Suhum, do you have any objection to the proposal made?
    Mr Opare-Ansah 7:28 p.m.
    Mr Speaker, I was on my feet on a point of massage. [Laughter.]
    Mr First Deputy Speaker 7:28 p.m.
    Hon Member, I do not know which part of the rules deal with that.
    Dr Kojo Appiah-Kubi 7:28 p.m.
    Mr Speaker, I would like to file an amendment to clause 37 and precisely to the caption, “Accounts and audit”.
    Mr First Deputy Speaker 7:28 p.m.
    Hon Members, I was going to put the Question because there were no advertised amendments. But if you have an amendment, then I would not attempt it; is that all right?
    So, since there is a proposed amendment, I would leave that for tomorrow. Hon Members, at this juncture, I would bring closure to the consideration of the Minerals Income Investment Fund Bill, 2018.
    Mr Agbodza 7:28 p.m.
    Mr Speaker, there is something very urgent I would want us to keep in mind. The Chair gave a directive that by the time we rise tomorrow, all Research Assistants who have been accepted would get their letters.
    We are closing today, Thursday at 7.30 p.m. and I just hope that by the time we finish tomorrow those of them who have
    been accepted would get the letters. This is just a reminder.
    Mr First Deputy Speaker 7:28 p.m.
    Hon Member, who are you reminding?
    Mr Agbodza 7:28 p.m.
    The Chair.
    Mr First Deputy Speaker 7:28 p.m.
    Is the Chair issuing appointment letters? [Laughter] Please, deal with the administrative authorities. I am sure Mr Speaker's directives would be respected.
    Mr Kyei-Mensah-Bonsu 7:28 p.m.
    Mr Speaker, let me congratulate Hon Members for the distance that we have covered today. We hope that tomorrow, we would be able to conclude everything and take an adjournment sine die.

    Mr Speaker, the Hon K. T. Hammond says that may be a bad prayer, in which case he would want us to Sit on Saturday.

    If we are able to finish, it would be great, but I do not want us to travel late into the night tomorrow. That is why we wanted to do as much work as possible yesterday and even today.

    We still have a tall order of outstanding Business for tomorrow. I only hope that we would be able to finish. If we are unable to finish, it would mean that we would have to come on Saturday and finish maybe by midday. But I hope that we would finish.

    In this case Mr Speaker, I would want to invite my Hon Colleagues in the Standing Winnowing Committee to join me for us to continue the exercise that we would be engaged in immediately we adjourn from here.
    Mr First Deputy Speaker 7:28 p.m.
    Hon Members, I wish to observe that whatever it is the Standing Winnowing Committee or the Committee in charge of this Bill or for all outstanding matters would finish before we come tomorrow. We should not come and Sit for two hours, wait in the office for four hours and come back to continue later.
    Of course, Mr Speaker would be in charge but certainly, it would not be fair after waiting for hours and then expect us to continue the next day. Some of us have commitments; Hon Members have commitments which we have to respect.
    Mr Kyei-Mensah-Bonsu 7:28 p.m.
    Mr Speaker, respectfully, that is appreciated but when
    the House is ready, the Chair should also be ready.
    Mr First Deputy Speaker 7:28 p.m.
    The Chair is always ready and willing.
    Hon Members, this is where we bring proceedings to an end for today.
    The House is adjourned till Friday, 28th September at ten o'clock in the forenoon.
    ADJOURNMENT 7:28 p.m.