Debates of 16 Nov 2018

MR SPEAKER
PRAYERS 10:13 a.m.
ANNOUNCEMENTS 10:13 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:13 a.m.
Mr Speaker 10:13 a.m.
Hon Members, we would take the item listed 2 -- Correction of Votes and Proceedings and the Official Report.
Hon Members, we have the Votes and Proceedings of Thursday, 15th November, 2018 for correction.
Hon Members, any corrections?
Mr Speaker 10:13 a.m.
Hon Members, we have the Official Report of 6th November, 2018 for correction.
Hon Members, any corrections?
Mr Speaker 10:13 a.m.
Hon Members, we would move on to item numbered 3 -- Business Statement for the Fourth Week.
SPACE FOR LETTER - PAGE 1
- 10.13 A.M.
Yes, Hon Chairman of the Business Committee?
BUSINESS OF THE HOUSE 10:13 a.m.
Majority Leader/Chairman of the Business Committee (Mr Osei Kyei- Mensah-Bonsu) 10:13 a.m.
Mr Speaker, the Committee met yesterday, Thursday, 15th November, 2018 and arranged Business of the House for the Fourth Week ending Friday, 23rd November, 2018.
Mr Speaker, the Committee accordingly submits its report as follows 10:13 a.m.
Arrangement of Business
Formal Communications by the Speaker
Mr Speaker, you may read any available communication to the House.
Question(s)
Mr Speaker, the Business Committee has scheduled the following Ministers to respond to Questions asked of them during the week:
No. of Question(s)
i. Minister for Health -- 2
ii. Minister for Energy -- 2
iii. Minister for Chieftaincy and Religious Affairs -- 1
iv. Minister for Communications -- 1
v. Minister for Inner-City and Zongo Development -- 1
vi. Minister for Food and Agriculture -- 3
vii. Minister for Special Development Initiatives -- 1
viii. Minister for Roads and Highways -- 1
Total Number of Questions -- 12
Mr Speaker, the Committee accordingly submits its report as follows 10:23 a.m.
Mr Speaker, in respect of the Hon Minister for Roads and Highways, we realised that there is only one Question that is pending, and given the fact that it is programmed for Friday, we agreed among ourselves that possibly the number may increase, depending on the Questions that you would admit, so that being alone on Friday, he could respond to as many Questions as possible.
Mr Speaker, Eight (8) Ministers are expected to attend upon the House to respond to twelve (12) Questions during the week.
Statements
Mr Speaker, pursuant to Order 70(2), Ministers of State may be permitted to make Statements of Government policy. Statements duly admitted by the Mr Speaker may be made in the House by Hon Members, in accordance with Order 72.
Bills, Papers and Reports
Mr Speaker, Bills may be presented to the House for First Reading in accordance with Order 120. However, those of urgent nature may be taken through the various stages in one day in accordance with Order 119.
Pursuant to Order 75, Papers for presentation to the House may be placed on the Order Paper for laying. Committee reports may also be presented to the House for consideration.
Motion and Resolutions
Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.

Post-Budget Workshop

Mr Speaker, the Business Committee notifies Hon Members that the proposed post-budget workshop organised for all members of Parliament would now be held from Saturday, 17th to Monday, 19th November, 2018.

The change in date is to make it convenient for Hon Members of the Minority to attend their pending National Delegates Congress on Saturday, 17th November, 2018 and also participate in the workshop.

All Members of Parliament are therefore, expected to report at the venue at Koforidua in the evening of Saturday, 17th November, 2018.

Mr Speaker, the Business Committee implores Hon Members to attend all sessions of the workshop and to fully participate in all deliberations in order to be well equipped for the consideration of the Budget.

Debate on the Financial Policy of the Government

Mr Speaker, debate on the Financial Policy of the Government of Ghana for the year ending 31st December, 2019, is expected to commence on Tuesday, 20th November, 2018.

Mr Speaker, the Business Committee is mindful of the need to thoroughly debate the Financial Policy of Government for the year 2019. In order to afford as many Hon Members as possible the opportunity to be involved in the debate, the Committee has proposed the following time allotments:

i.Minority and Majority Leaders -- 30 minutes;

i. Chairperson/Ranking of Finance Committee -- 20 minutes

ii. All other Hon Members -- 20 minutes.

Mr Speaker, in accordance with the practice of the House, debate for each day would be restricted to agreed upon subject-matter areas of the national economy. The Business Committee, however, urges all Hon Members to endeavour to avoid repetitions.

Hon Members are hereby informed that debate on the Financial Policy is expected to conclude on Wednesday, 28th November, 2018.

Questions and Statements

Mr Speaker, in order to devote enough time to the debate on the Financial Policy for 2019, the Business Committee pro- poses that Questions and Statements be taken in the afternoon, after the debate on the Budget.

For the avoidance of doubt, only business items such as Communication from the President, Statement by the Speaker, Statements of commemorative nature and Policy Statements by Ministers may be taken before the Commencement of Public Business.

Sitting of the House on Monday/Extended Sittings

Mr Speaker, as recommended during the presentation of the Business State- ment last week, the House is expected to sit on Mondays, commencing on Monday, 19th November, 2018. Fur-

thermore, the House may have extended Sittings to enable the completion of scheduled business.

However, given the fact that we have agreed to meet tomorrow in the morning, we may decide at Koforidua whether to meet on Monday.

In order to meet constitutional requirements relating to the coming into force of subsidiary legislations before the House, the Business Committee proposes that the House sits tomorrow, Saturday, 17th November, 2018 at 8.00 a.m.

Conclusion

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

Presentation of Papers --

(a) Audit Committee Annual State- ment of the Ministry of Aviation in respect of 2017.

(b) Audit Committee Annual State- ment of the National Commu- nications Authority in respect of

2017.

(c) Report of the Committee on Roads and Transport on the Contract Agreement between the Govern- ment of the Republic of Ghana (represented by the Ministry of Roads and Highways through Ghana Highways Authority) and Fleck Elektroinstallationen GmbH of Austria in respect of the En- hancement of Road Safety (Phase
Mr Speaker, the Committee accordingly submits its report as follows 10:23 a.m.
II) —Turnkey Implementation of Photovoltaic-Based Street Lighting Programme in selected communities.
Committee of the Whole would meet at the Post Budget Workshop in Koforidua.

Presentation of Papers --

(a) Report of the Finance Committee on the following:

Third Addendum Supplemental to the Master Facility Agreement dated 16th December, 2011 (as amended by an Addendum dated 21st June 2013 and an Addendum dated 15th December, 2017.

Third Subsidiary Agreement between the Republic of Ghana and China Development Bank (CDB) for an amount of one hundred and eighty-five million, five hundred and seventy thousand United States dollars (US$ 185,570,000.00) in relation to Coastal Fishing Landing Sites Project under the Tranche B Facility.

Fourth Subsidiary Agreement between the Republic of Ghana and China Development Bank (CDB) for an amount of two hundred and ten million, six hundred and sixty thousand United States dollars (US$ 210,660,000.00) in relation to the Accra Intelligent Traffic Manage- ment Project under the Tranche B Facility.

Second Addendum Supplemental to the Five-Party Agreement (FPA) dated 13th June, 2012 as amended by an Addendum dated 21st June,

2013, a second Addendum dated 15th December, 2017.

Additional Accounts Agreement between the Republic of Ghana and China Development Bank (CDB).

Charge Over Additional Accounts between the Republic of Ghana and China Development Bank (CDB).

Deed of Confirmation to Offtaker Agreement between GNPC acting on behalf of the Government of the Republic of Ghana as Seller and UNIPEC Asia Company Limited as Buyer.

Deed of Security Confirmation between the Republic of Ghana and China Development Bank (CDB).

Deferred Payment Agreements between the Republic of Ghana represented by the Ministry of Finance and Ministry of Roads and Highways AND Synohydro Cor- poration Limited setting the terms and conditions of the deferral of payments under the EPC Contract Agreement in respect of Cons- truction/Rehabilitation of Selected Roads and Interchanges in Ghana - Phase 1.

Addenda to the Commercial Agreements.

(b) Report of the Committee on Constitutional, Legal and Par- liamentary Affairs on the Companies Bill, 2018.

Motion --

That this Honourable House approves the Financial Policy of the Government of Ghana for the year ending 31st December, 2019.

(Moved on Thursday, 15th November 2018 by the Minister for Finance, Mr Ken Ofori-Atta).

(Commencement of Debate)

Consideration Stage of Bills --

Right to Information Bill, 2018. (Continuation)

Questions

447. Mr Richard Mawuli Kwaku Quashigah (Keta): To ask the Minister for Health how many new health workers have been engaged since 2017 till now.

*461. Dr Mark Kurt Nawaane (Nabdam): To ask the Minister for Health when the arrears owed health facilities in the Nabdam District by the National Health Insurance Authority will be paid.

*468. Alhaji Mumuni Alhassan (Salaga North): To ask the Minister for Energy when the following communities will be connected to the national grid: (i) Dakpemyili (ii) Nachimbiya (iii) Janyili (iv) Kanjanyili (v) Fushila (vi) Yakura (vii) Chihigu (viii) Chandayili (ix) Kpalguni (x) Nyashila (xi) Dingoni (xii) Gbanteni.

*469. Alhaji Mumuni Alhassan (Salaga North): To ask the Minister for Energy when the following communities will be connected to the national grid: (i) Zantum (ii) Chongase.

Statements

Committee sittings.

Presentation of Papers --

(a) Office of the Special Prosecutor Regulations, 2018.

(b) Office of the Special Prosecutor (Operations) Regulations, 2018.

Motions --

(a) That this Honourable House approves the Financial Policy of the Government of Ghana for the year ending 31st December, 2019.

(Moved on Thursday, 15th November 2018 by the Minister for Finance, Mr Ken Ofori-Atta).

(Continuation of Debate)

(b) Adoption of the Report of the Committee on Roads and Transport on the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways through Ghana Highways Authority) and Fleck Elektro installationen GmbH of Austria in respect of the En- hancement of Road Safety (Phase II) —Turnkey Implementation of Photovoltaic-Based Street Lighting Programme in selected communities.

Consequential Resolution.

Consideration Stage of Bills --

Right to Information Bill, 2018. (Continuation)

Questions

*460. Mr Eric Afful (Amenfi West): To ask the Minister for Chieftaincy and Religious Affairs what plans the
Mr Speaker, the Committee accordingly submits its report as follows 10:23 a.m.
Ministry has to solve the over three hundred and fifty (350) chieftaincy disputes in Ghana.
*462. Mr Yusif Sulemana (Bole/ Bamboi): To ask the Minister for Communications when the follow- ing communities in the Bole District will be provided with mobile network connectivity: (i) Mankuma (ii) Maluwe (iii) Sakpa (iv) Dakpupe (v) Sonyo (vi) Chibrenyo (vii) Tesilima (viii) Carpenter (ix) Babato (x) Dogli (xi) Bampewa.
*465. Mr Albert Akuka Alalzuuga (Garu): To ask the Minister for Inner-City and Zongo Development what programme the Ministry has put in place to help improve livelihood in the Zongo commu- nities in the country.
Statements
Committee sittings.

Presentation of Papers --

(a) Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) for an amount of seventy-one million, one hundred thousand Special Drawing Rights (SDR 71,100,000) [equivalent to US$100.00 million] to finance the proposed Ghana Secondary Cities Support Programme.

(b) Report of the Finance Committee on the Financing Agreement

between the Government of the Republic of Ghana and the International Development Association (IDA) for an amount of twenty-one million, four hundred thousand Special Drawing Rights (SDR 21,400,000) [equivalent to US$30.00 million] to finance the proposed Finan- cial Sector Development Project.

(c) Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy amounting to the Ghana cedi equivalent of two million, twenty-eight thousand, eight hundred and sixty-three euros (€2,028,863.00) on goods to be procured in respect of the Enhancement of Road Safety (Phase II) —Turnkey Implementation of Photovoltaic-Based Street Lighting Programme in selected communities.

(d) Report of the Finance Committee on the Ghana's Membership and Subscription to the Share Capital of the Africa50 Fund for an amount of twenty million United States dollars (US$20,000,000) as Ghana's initial subscription to the Africa50 Fund (Vehicle for Accelerated Infrastructure Develop- ment in Africa).

Motions --

(a) That this Honourable House approves the Financial Policy of the Government of Ghana for the year ending 31st December, 2019.

(Moved on Thursday, 15th November 2018 by the Minister for Finance, Mr Ken Ofori-Atta)

(Continuation of Debate)

(b) Second Reading of Bills --

Companies Bill, 2018

(c) Adoption of the Report of the Finance Committee on the following:

Third Addendum Supplemental to the Master Facility Agree- ment dated 16th December, 2011 (as amended by an Addendum dated 21st June 2013 and an Addendum dated 15th December, 2017.

Third Subsidiary Agreement between the Republic of Ghana and China Development Bank (CDB) for an amount of one hundred and eighty-five million, five hundred and seventy thousand United States dollars (US$185,570,000.00) in relation to Coastal Fishing Landing Sites Project under the Tranche B Facility.

Fourth Subsidiary Agreement between the Republic of Ghana and China Development Bank (CDB) for an amount of two hundred and ten million, six hundred and sixty thousand United States dollars (US$ 210,660,000.00) in relation to the Accra Intelligent Traffic Management Project under the Tranche B Facility.

Second Addendum Supple- mental to the Five Party Agreement (FPA) dated 13th June, 2012 as amended by an Addendum dated 21st June, 2013, a second Addendum dated 15th December, 2017.

Additional Accounts Agreement between the Republic of Ghana and China Development Bank

(CDB).

Charge Over Additional Accounts between the Republic of Ghana and China Development Bank

(CDB).

Deed of Confirmation to Offtaker Agreement between GNPC acting on behalf of the Government of the Republic of Ghana as Seller and UNIPEC Asia Company Limited as Buyer.

Deed of Security Confirmation between the Republic of Ghana and China Development Bank

(CDB).

Deferred Payment Agreements between the Republic of Ghana represented by the Ministry of Finance and Ministry of Roads and Highways AND Synohydro Corporation Limited setting the terms and conditions of the deferral of payments under the EPC Contract Agreement in respect of Construction/ Reha- bilitation of Selected Roads and Interchanges in Ghana - Phase 1.

Addenda to the Commercial Agreements.

Questions --

*470. Alhaji Mumuni Alhassan (Salaga North): To ask the Minister for Food and Agriculture what measures the Ministry is putting in place to revitalise the poultry industry.

*471. Mr Eric Afful (Amenfi West): To ask the Minister for Food and
Mr Speaker, the Committee accordingly submits its report as follows 10:23 a.m.
Agriculture how many of bags of ‘hi-tech fertilizer' were sold to cocoa farmers during the 2016/2017 crop year.
*472. Mr Eric Afful (Amenfi West): To ask the Minister for Food and Agriculture whether the Ministry is aware of fall army worm outbreak in the Amenfi West Constituency destroying acres of maize farms and if so, what immediate measure the Ministry is instituting to arrest the situation.
Statements
Committee sittings.

Presentation of Papers --

Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) for an amount of fourteen million, two hundred thousand Special Drawing Rights (SDR 14,200,000) [equivalent to US$20.00 million] to finance the proposed Ghana Energy Sector Transformation Initiative Project.

Motion --

That this Honourable House approves the Financial Policy of the Government of Ghana for the year ending 31st December, 2019.

(Moved on Thursday, 15th November 2018 by the Minister for Finance, Mr Ken Ofori-Atta.)

Consideration Stage of Bills --

Right to Information Bill, 2018. (Continuation)

Questions --

*420. Dr Mark Kurt Nawaane (Nabdam): To ask the Minister for Special Development Initiatives which villages in Nabdam are earmarked for dam construction in

2018.

*478. Ms Joycelyn Tetteh (North Dayi): To ask the Minister for Roads and Highways when the construction of the following roads will commence: (i) Tsrukpe - Botoku (ii) Sabadu - Awatey (iii) Vakpo - Wusuta (iv) Botoku - Bradatornu.

Statements

Committee sittings.
Mr Speaker 10:23 a.m.
Hon Majority Leader, thank you very much.
Mr Ras Mubarak 10:23 a.m.
Mr Speaker, in commenting on the Business Statement presented by the Hon Majority Leader, I would like to make an application for the debate on the Budget Statement. I have seen that 10 minutes have been allotted to Hon Members.
However, in order for us to accom- modate several other Hon Members who may equally have some inputs into the debate, I would suggest that we consider looking at five minutes apiece for other Hon Members.
Mr Speaker, we seem to have a practice where when it gets to the debate on the Budget Statement, very few Hon Members get an opportunity to take a bite at the issues. We should imagine a Committee
of 18 Hon Members of Parliament, but a handful get the opportunity to actually comment on the Budget Statement. It would be very useful if that could be relooked at.
Mr Speaker, again, we would be away in Koforidua for the Post-Budget Workshop. When we look at the strenuous work involved in the Post- Budget Workshop and consider travel time as well, I would recommend that we take a decision not to Sit on Monday.
We would spend the whole of Sunday to go through sessions, and it is not advisable for Hon Members of Parliament to travel back to Accra deep in the night in time for Business of the House on Monday morning.
So, if we could allow Hon Members of Parliament to travel back on Monday so that we could, at least, on Tuesday be reenergised to deal appropriately with the Business of the House.
Mr Speaker 10:23 a.m.
In the meantime, the Hon Leaders would consult among themselves to see whether that could be really contained. It is quite an important issue. Nobody wants Hon Members of Parliament to rush back to Accra in the night. What can be done should be done so that we would keep you all safe, and then we would meet properly and on time.
Hon Leaders, please, kindly think about that.
Mr Mutawakilu Adam 10:23 a.m.
Mr Speaker, mine is in respect of an innovation Agreement that was laid on the Floor of Parliament, which you appropriately referred to your Committee on Mines and Energy on 25th July, 2018. The Committee considered it, but we were later told to hold on.
During the recess, I heard that the Hon Majority Leader indicated that the Agreement would be withdrawn, and a new one would be laid. I would want to find out the status of the Agreement, which is in respect of AMERI Energy.
Mr Kwame Governs Agbodza 10:33 a.m.
Mr Speaker, I thank you for the opportunity.
I thank the Hon Majority Leader for the presentation of the Business Statement.
Mr Speaker, I understand why the Leadership of the House decided that the Hon Chairperson and Hon Ranking Member of the Finance Committee should get 20 minutes.
However, if we consider the fact that the Committee on Roads and Transport has four Ministries under them, I wonder what meaningful contribution one could make in 10 minutes as an Hon Ranking Member or Hon Chairman of that Committee.
I hoped that the Business Committee could actually apportion or schedule the sectors and give us the time, so that we could debate whether that is feasible to us. As it stands now, I do not know when we would make the determination on which sector is to speak on a particular day and for what period of time.
So, if Leadership could guide us on that so that if the Committee on Roads and Transport is going to have their debate on a particular day, Members of the Commit- tee can prepare properly before they come, instead of everybody jumping in at any time making his own comment.
My request is for the Hon Majority Leader to see if he could give us some guidance as to which sectors are
Dr Clement Apaak 10:33 a.m.
Mr Speaker, mine is a question of welfare. I certainly would appreciate some reasonable explanation why the eastern part of the 10th floor of the Job 600 building which was victim- ised by fire outbreak has not fully been restored.
As we speak, in our corridor, there is no light. Our common room where, perhaps given the difficulties we face as a nation, one could bring his own lunch from home to heat, is not available for use.
Mr Speaker, it is over one year now since the fire outbreak, and yet we are still suffering these inhumane conditions. I would like to bring to the attention of Leadership for prompt action.
Mr Speaker 10:33 a.m.
Thank you very much.
Hon Deputy Minority Leader?
Mr James K. Avedzi 10:33 a.m.
Mr Speaker, I would want to thank the Hon Majority Leader for the Business Statement for next week. My concern is on the time allotted to both the Minority and Majority Leaders. They would be winding up the debate. Usually, the final day is devoted to the two of them. I consider the 30 minutes to be too short a time for them to wrap up the debate on this.
Mr Speaker, if we could extend it to one hour each, or if one hour cannot do, at least 40 minutes each for the Hon Major- ity Leader and the Hon Minority Leader would do. This is my concern. So, we should amend it to at least 40 minutes for
each of them.
Mr Speaker 10:33 a.m.
Thank you very much.
Yes, Hon Member?
Mr Emmanuel K. Bedzrah 10:33 a.m.
Thank you, Mr Speaker.
Mr Speaker, knowing very well that this is a Budget Statement on behalf of the President, I believe we all have interests in debating it, and many more people would like to debate it.
I would want to also suggest that if the Business Committee could consider that the debate could extend to Friday, 30th November, 2018 instead of Wednesday, 28th November, 2018 so that a lot more Hon Members could have an opportunity to also debate the Motion.
Mr Speaker 10:33 a.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 10:33 a.m.
Mr Speaker, thank you very much, and let me thank my Hon Colleagues for the various inputs.
First, the Hon Ras Mubarak said we should consider allotting five minutes to all other Hon Members who would want to make a contribution on the Budget Statement. Speaking for myself, I disagree with him.
It is not possible for any person in Parliament, rising to make a contribution on the Budget Statement, such an impor- tant document, to be granted five minutes. The person would not make any sense.
In my view, Mr Speaker, I have been craving -- [Interruption.] Those days when Hon Members were asked to speak for two minutes and three minutes, I strongly disagreed. The person would not make any sense. Before one finishes with the introduction, the Speaker is ordering him to sit -- your last word; your last sen- tence.
Mr Speaker, if a person goes to take the Hansard, it would be said of that Hon Member who contributed that he did not make any sense when he had the opportu- nity to speak in Parliament, yet many peo- ple have great competencies to articulate very good issues on such Statements.
So I believe that we should accord the ten minutes to Hon Members. It is not possible to have everybody speak. That is what the caucuses within the commit- tees should agree on as their best foot for- ward on this matter.
The caucus committee on that Commit- tee presenting would determine; and the -- Perhaps the Ranking Member may even surrender his position to another member of the Committee whom he thinks has greater competence in, perhaps, one sector.
It does not mean that all Ranking Mem- bers or Deputy Ranking Members must speak. But we would leave it to the sub- committees on the Committees.
Mr Speaker, the same affects the Majority Side of the Committee. We would leave it to them to make their own determi- nation. But I think 10 minutes is a good enough time. We may even have to scale it down, maybe by one minute or two min- utes, depending on the time and how many people wold want to speak to issues.
Mr Speaker, an Hon Member is also concerned about the indication of Sitting on Monday. Mr Speaker, Parliament is not required to Sit in this Chamber alone. To quote the Hon J. H. Owusu Acheampong, “Parliament can sit under a mango tree in Damongo”.
So, if we decide to sit at Koforidua on Monday, for instance, that is permissible,
provided Mr Speaker makes the declara- tion and we have the mace and Table Of- ficers. Mr Speaker, this is what we must decide on.
Mr Speaker, on the agreement in respect of the AMERI transaction, I gave the in- dication. The Ministry is still in negotia- tions with the operators, and I think they are about concluding. Very soon, all of us, especially the Committee members would be given the indication, and we would see the way forward for us as a nation on that agreement.
Mr Speaker, the Hon Kwame Governs Agbodza asked for us to make a prior de- termination of the sectors. That would be done at Koforidua, and Hon Members and the Committees would get to know which committee would be slated for at least the first three days so that they can have time to prepare adequately.
When it is determined, the Hon Whips would communicate same to the various committees.
Mr Speaker, on the time allotted for the Chairs and Ranking Members, it may be difficult to make a determination now because we have up to Tuesday, since we may perhaps not sit on Monday. If we sit, we still would not be able to start the debate on Monday.
It would then mean that we would have just about seven days because we would wind up the Debate on Wednesday of the following week. That would mean that we have just about seven days to deal with the Budget Statement.
If we would have to open up so much, it would limit the number of Hon Members who would want to contribute. But we shall take everything into consideration and do what is best.
Mr Speaker 10:43 a.m.
Except that Hon Majority Leader, you are the Leader, so please assure your Hon Member, they all belong to you, that you would ensure that it goes before the House Committee.
Mr Kyei-Mensah-Bonsu 10:43 a.m.
Mr Speaker, except that on this occasion, I am wearing a different hat. I am not wearing the hat of the House Committee Chair, but I take a cue from the Chair to assure him that when the question is appropriately directed, the appropriate response would be given by the appropriate committee. [Interruption.]
Mr Speaker, Hon Bedzrah is proposing that we extend the debate to Friday. That unfortunately may not be possible, because first of all, we have never done this, but that is not to say that we are not going to do that because of convention.
It is because of the circumstances relating to both the Hon Minority Leader and the Majority Leader beyond Wednesday.
Mr Speaker, the Hon Deputy Majority Leader is proposing that the Hon Minority Leader and I be given one hour to respond or make our own contribution by way of winding up. I do not have a problem, but we should be realistic, given the number of people who would want to contribute.
In fact, the proposal from the Table Office to us was that it should be 20 minutes. I suggested to them strongly -- they do not determine for us, I know, that is why I told them, no, the minimum that should be granted should be 30 minutes.
So on my own, I increased it to 30 minutes, but if it has to go to 35 or 40 minutes, I do not mind at all, and I believe the House may indulge us, especially those who without seeing pretended to have seen and came out with their own ideas. I do not know what is new that they are going to bring, but we shall indulge the Hon Minority Leader.
Mr Speaker, I know the Hon Minority Leader is not very loquacious when it comes to delivery on these matters, so we can agree, subject to your indulgence, on the time to extend it, if it has to go to 40 minutes or even 45 minutes. I believe we could accommodate that but we would have to confer with you on that matter and then see what is most appropriate under the circumstances.
Thank you very much.
Mr Speaker 10:43 a.m.
Hon Majority Leader, does it mean that you have accommodated the Monday issue?
Mr Kyei-Mensah-Bonsu 10:43 a.m.
Mr Speaker, if we have to Sit on Monday, it is just going to be a formality, but because of our Sitting tomorrow, it may not become very necessary that we Sit on Monday, because we would be finishing --
Mr Speaker 10:43 a.m.
So Hon Majority Leader, at the close of today, shall we be saying we would come back on Monday 10 o'clock in the forenoon?
Mr Kyei-Mensah-Bonsu 10:43 a.m.
Mr Speaker, I believe that we could start the debate in earnest on Tuesday, so that we forego the Monday Sitting, because when we finish --
Mr Speaker 10:43 a.m.
So there would be no Sitting on Monday? The House would be adjourned to Tuesday at 10 o'clock in the forenoon?
Mr Kyei-Mensah-Bonsu 10:43 a.m.
Yes.
Mr Speaker 10:43 a.m.
Very well. I am sure the Hon First Deputy Speaker would announce that at the appropriate time.
Mr Kyei-Mensah-Bonsu 10:43 a.m.
Mr Speaker, because we are Sitting tomorrow, that announcement would be done tomorrow.
Mr Speaker 10:43 a.m.
And just by the way, matters relating to precincts of Parliament, before Parliament which has become so debatable -- I have had my own views on this as far back as the year 1993.
I would not want the precincts of Parliament, before Parliament to be so much stressed that Parliament would lose its centrifugal position.
Parliament must be given its due regard, and in fact, it is something we are taking into consideration in the new Chamber, so that we would have something like a place where the President can address the nation from a stand like it is done in other jurisdictions.
World leaders can address their nations through certain provisions made for them at the appropriate place, so that those persons may not have to go to a stadium
to do that which they should do before Parliament. It is not too impressive for Hon Members of Parliament to be struggling for a place on such occasions.
It is something I wrote on as far back as 1993, because these things touched and concerned the dignity of the institution of Parliament, and I think future generations must protect very well anything that erodes from its dignity.
So, when we have our new Chamber, we should be able to accommodate the public, expose the President during the speech to the whole of the Nation, and at the same time within the central position of Parliament.
These are matters that should be taken seriously, so as much as possible, we shall protect our turf and not be moving about in a way that may affect the position of Parliament.
Hon Members, with that, the Business Statement is adopted accordingly.
Today is Friday, and we have many other matters before us. In fact, the Leadership and I have agreed to have the Black Queens come to the Speakers' Conference Room for words of encourage- ment by Hon Members of Parliament.
In fact, if Ghanaians were to encourage them, we are the best institution to do so, because when we meet, we meet for all Ghanaians.
URGENT QUESTION 10:43 a.m.
MINISTRY OF EDUCATION 10:43 a.m.
Minister for Education (Dr Matthew Opoku Prempeh) 10:53 a.m.
Mr Speaker, the Ministry has taken note of the incident at Achiase Senior High School in the Birim South District of the Eastern Region.
We have, however, tasked the GET- Fund Regional Consultant to conduct an assessment on the damaged building to ascertain the cost required for its possible rehabilitation.
Mr Speaker, re-roofing works will begin as soon as the assessment report is received from the Regional Consultant.
It should be noted that the school in question had received several relief items from the National Disaster Management Organisation (NADMO) as well as the Birim South District Assembly.
Mr Speaker, reroofing works will begin as soon as the assessment report is received from the regional consultant. It should be noted that the school in question had received several relief items from NADMO, including roofing sheets and other things they have used elsewhere.
Mr Speaker, once we get the report, we will make plans towards rehabilitation of the roof and the building.
Mr R. K. Amoah 10:53 a.m.
Mr Speaker, I would want to thank the Hon Minister for the effort being made to have the problem solved. Hitherto, all attempts to get the contractor who had not completed the job to come to site proved futile.
Time is of the essence, in that as I speak now, the foodstuffs, bags of maize, beans, gari and even smoked tuna
compete for space with the headmaster and staff in the administration block. So the effort must be made such that the anticipated relief is brought.
On that note, I would want to thank the Hon Minister for the effort.
Mr Speaker 10:53 a.m.
Hon Minister, your learned friend wants assurance. The question is geared towards timeous assurance.
Dr Prempeh 10:53 a.m.
Mr Speaker, the truth of the matter is that the building itself is being constructed. They have not finished, let alone hand it over to the school per se before this incident happened. So we have to do a variation for what has been damaged to be taken up as well.
Mr Speaker, as soon as the regional consultant and the contractor agree, we will fund it for it to be finished. The Question was not about the completion of the building but about the reroofing works which are two different things. Mr Speaker, if it affects the roofing, the building is not complete.
Mr Speaker 10:53 a.m.
I trust that the Hon Minister will take this as a very unusual request. Already, we know the problems of senior high schools are many, so, if there is one where a roof will save so much a situation, please do all you can to facilitate.
Thank you very much, Hon Minister, for attending to the House and answering our Question.
Item numbered 5 -- Questions. The Hon Minister for Sanitation and Water Resources should please take the chair.
Mr Matthew Nyindam 10:53 a.m.
Mr Speaker, the Hon Minister for Sanitation and Water Resources is not available. She has travelled outside the country.
Mr Nyindam 10:53 a.m.
Mr Speaker, she travelled outside the country after the reading of the Budget Statement yesterday. [Interruption] That is the information available to Leadership.
Mr James Klutse Avedzi 10:53 a.m.
Mr Speaker, I am surprised that the Hon Deputy Majority Whip said that the Hon Minister travelled outside after the reading of the Budget Statement yesterday.
Mr Speaker, does it mean that the work of the House, for which you summoned the Hon Minister to come and answer Questions, is not important to her?
She came here yesterday because of the Budget Statement because that was very important to her, and the summon from you for her to come and answer Questions is not? That is why she left the country without even informing you that she would not be available to answer the Question.
Mr Speaker, the way the Hon Ministers treat us is not appropriate and we should send a strong signal to them, that we will not tolerate this type of attitude from them.
Mr Nyindam 10:53 a.m.
Mr Speaker, I am tempted to agree with my Hon Colleague from the other Side. I would want to appeal to you, that there has been a circular that Hon Deputy Ministers are not allowed to come here again to answer Questions. -- [Interruption]
Mr Speaker, I am sure the Minority Leadership received a letter concerning this particular -- [Interruption] Hon Muntaka, I personally gave you that letter and I am sure you have it.
Mr Speaker, I agree with the Hon Deputy Minority Leader that Hon Ministers should take this House very serious, but as we speak now, the Hon Minister is in Morocco. She is not available and I would appeal to you to tamper justice with mercy.
Mr Speaker 10:53 a.m.
Hon Deputy Majority Whip, as much as you are able to tell us that the Hon Minister is out of the country, and specifically so in Morocco, at least, you should also be able to tell us when she would therefore subject herself to this House?
Mr Nyindam 10:53 a.m.
Mr Speaker, if we can programme her to come to this House a week from today, I am sure she should be available to answer these Questions.
Mr Speaker 10:53 a.m.
Hon Deputy Majority Whip, what are you saying?
Mr Nyindam 10:53 a.m.
Mr Speaker, one week from today.
Alhaji Mohammed-Mubarak Muntaka 10:53 a.m.
Mr Speaker, I am surprised my Hon Colleague drew me into this. Letter from who to who? He said he has given me a copy of a letter which says that Hon Deputy Ministers should not come to answer Questions.
Yes, I have a challenge and I have said a number of times that we have a number of Hon Ministers who most of the time would not be here to answer Questions, and we would want them to be here. But to say that he has given me a copy of letter that Hon Deputy Ministers will no longer be tolerated to answer Questions here -- The letter was written by who and copied to who?
That is a decision that the House, with the Rt Hon Speaker, had to take. So, if they have taken a decision among themselves,
what has that got to do with him saying that he has given me a copy? [Interruption] I cannot remember you giving me a copy of any letter from anybody, saying that Hon Deputy Ministers will not be tolerated to answer Questions in this House.
This House has not taken that decision. I have concerns when Hon Ministers deliberately and consistently do not come to this House and their Hon Deputies have to.
Mr Speaker, if you would remember, the day before yesterday, Hon Abena Osei- Asare, Hon Member for Atiwa East and Hon Deputy Minister for Finance, was in this House to transact business on behalf of the Hon Minister for Finance. That is very inconsistent with what my Hon Colleague said; she was here to conduct business on behalf of the Hon Minister for Finance.
Mr Speaker, the excuse the Majority Leadership gave before that was that because the Hon Minister was preparing for the Budget Statement yesterday, he was so busy he could not be here. This is inconsistent with what the Hon Deputy Majority Whip claims to have, because just the day before yesterday, Hon Osei- Asare was here to conduct business.
Mr Speaker, so I would want him to dissociate me from this so-called letter, that Hon Deputy Ministers are not to come to this House to answer Questions. I am not aware of anything like that and I have not been part of any decision to the arrival of that. Mr Speaker, if this House agrees on that you would be the one to announce it.
Mr Nyindam 11:03 a.m.
Mr Speaker, it is unfortunate that my good friend, Hon Muntaka is trying so hard to—
Mr Speaker 11:03 a.m.
If you decide to mention his name, then you must also start with his appropriate title.
Mr Nyindam 11:03 a.m.
Mr Speaker, the Hon Minority Chief Whip is unfortunately washing his hands clean from this particular issue. But, I would like to appeal to you, once again, that the sector Minister is not available and so could we programme her to come and answer these Questions on Friday, 23rd November, 2018.
Mr Speaker 11:03 a.m.
Hon Member, honestly, on behalf of Parliament, I would have to take objection to this process. It is my responsibility to do so. Question time is one important matter on the calendar of Parliament for it to do its work of ensuring that it is a check of the Executive.
If the appropriate Deputy Ministers would not come to answer Questions at the pleasure of Parliament allowing them, honestly, we would not accept in the future, coming and being taken by surprise, without even the courtesy of a letter well in advance, that a Minister is not able to come. It is our duty to so ensure.
Mr Nyindam 11:03 a.m.
Mr Speaker, I agree with you.
Thank you very much.
Mr Speaker 11:03 a.m.
At the Commencement of Public Business, item listed 7; the following Paper to be presented.
Hon Chairman of the Committee on Roads and Transport, ready? Or any Member who could present this on behalf of the Committee if it is indeed ready?
PAPERS 11:03 a.m.
Mr Speaker 11:03 a.m.
Item listed 8, Motion, Chairman of the Committee on Subsidiary Legislation?
MOTIONS 11:03 a.m.
Chairman of the Committee (Mr Mahama Ayariga) 11:03 a.m.
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Subsidiary Legislation on the Referendum (Creation of New Regions) Regulations, 2018.
And in doing so, I present your Committee's Report:
Introduction
The Referendum (Creation of New Regions) Regulations, 2018 (C.l. 109) was laid before Parliament on Tuesday 30th October, 2018, in accordance with article 11(7) of the Constitution. Pursuant to Orders 77 and 166 of the Standing Orders of Parliament, the Mr Speaker referred the
Instrument to the Committee on Subsidiary Legislation for consideration and report.
Reference Documents
The Committee referred to the under- listed documents during deliberations:
i. The 1992 Constitution;
ii. The Standing Orders of Parlia- ment;
iii. The Referendum Act 1977 (SMCD143); and
iv.The Report of the Commission of Inquiry into the Creation of the New Regions.
Deliberations
The Committee met with the Deputy Electoral Commissioner in charge of Operations and other officials of the Electoral Commission. The Hon Minister for Regional Reorganisation and Develop- ment, Hon Dan Kwaku Botwe and some officials of his Ministry were in attendance during the consideration of the Instrument.
Officials of the Drafting Division of the Office of the Attorney-General and Ministry of Justice were also in attendance to assist the Committee in its deliberations. Representatives of political parties were invited to attend the meeting. However, only a representative of the Convention Peoples Party (CPP) Mr James K. Bomfeh Jnr. honoured the invitation.
Background Information
Some citizens and interest groups petitioned the President, requesting for the creation of new regions out of some existing regions. The President, H. E. Nana Addo Dankwa Akufo-Addo, upon receipt
of the petitions, forwarded them to the Council of State for its advice. The Council of State endorsed the request for the creation of the Regions.
On the advice of the Council, the President in October 2017 appointed a 9- member Commission of Inquiry, chaired by Justice Stephen A. Brobbey, a retired Supreme Court Judge, to further examine the petitions.
The Commission of Inquiry in its Report submitted to the President on 26th June, 2018, affirmed that there was a substantial demand for the creation of six new regions, namely, Western North, Bono East, Ahafo, Savannah, North East, and Oti Regions. The Report recommen- ded areas where a Referendum should be held for the creation of the regions.
Consequently, the President referred the recommendations to the Electoral Commission to conduct a referendum in accordance with article 5(5) of the Constitution. The Electoral Commission in article 51 of the Constitution is mandated to prescribe Regulations for the conduct of public elections and referenda among others.
Hence, the introduction of the Referendum (Creation of New Regions) Regulations, 2018 (C.l. 109) to Parliament. The purpose of the Constitutional Instrument is to regulate the conduct of the referendum for the creation of the proposed six regions.
Observations
The Committee observed that the Constitutional Instrument provides for the areas where the referendum are to be held. The specified areas are indicated in the
First Schedule to the C.l. A person who intends to vote at the referendum must qualify as a registered voter in the areas where the referendum would be held. The register of voters of all polling stations in those areas shall be the register for voting in the referendum.
The Committee noted that prior to the conduct of the referendum, the Electoral Commission would first issue a Writ of Referendum to each Returning Officer concerned. The Writ shall specify the place where the referendum shall be held as well as the date, time and the issue to be determined at the referendum.
The Regional Returning Officer shall then issue a Notice of referendum throughout the places where the referendum is to be held in a manner determined by the Commission. The notice shall specify the place, date and time for the referendum. The Commission is to assign a symbol, colour or combination of colours for the issues to be determined by the referendum.
The designated places to be used as polling stations for the Referendum shall be published in the Gazette. The Electoral Commission is empowered to appoint presiding officers and polling assistants. Prior to their appointment, the Commission shall publish the names of the proposed appointees at the District Office of the Commission not later than ten days before the referendum.
The Committee again noted that, the Instrument makes provision for voting by proxy. Persons who are incapacitated to vote due to ill-health or who would be absent from the district on the day of voting, could apply to the District Returning Officer or the Electoral Commission by completing a proxy form.
Mr Yaw Buaben Asamoa (NPP -- Adentan) 11:03 a.m.
Mr Speaker, I beg to second the Motion ably moved by the Hon Chairman.
The Committee examined the Consti- tutional Instrument (C. I.) within the ambit of the general object of the Constitution.
Mr Speaker 11:03 a.m.
Hon Member, all those have been said. We have had an exhaustive presentation. You could make a couple of comments and then we would proceed. Second the Motion briefly.
Mr Asamoa 11:03 a.m.
Mr Speaker, I beg to second the Motion.
Question proposed.
Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 11:13 a.m.
Mr Speaker, rationally, the Report of the Committee of Subsidiary Legislation is not a controversial one and would usually not attract any huge concern. However, the Report of the Commission has not been given to the House.
My expectation was that the Chairman of the Subsidiary Legislation Committee would tell us on what basis they were able to arrive at the conclusion of the Report. This is because we need to know the issues involved when the Commission went round.
Two days ago, the Hon Minister for Regional Reorganisation and Develop- ment happily said that they would make it available to the House. So, I expected that the Hon Chairman would have waited for the Commission's Report to be distributed to the House, so that a lot more insight could be derived.
Now, we do not have the Commission's Report, yet we are preparing to approve the Report for the creation of the new regions. I do not think that there is much controversy about the creation of the regions. However, as part of our work -- I am not a lawyer, but the lawyers would say, the procedure is as important as the substance.
Mr Speaker, I would want to find out from the Hon Chairman of the Committee of Subsidiary Legislation, how were they able to work when they did not have the Commission's Report?
rose
Mr Speaker 11:13 a.m.
Yes, Hon Member, your contribution? I heard you making a remark on that.
Mr Patrick Yaw Boamah (NPP -- Okaikwei Central) 11:13 a.m.
Mr Speaker, I am a member of the Committee and the Hon Chairman of the Committee rightly told this House that he was given a copy of the Commission's Report to go through and he was satisfied with the recom- mendations. So, I wonder why the Hon Minority Chief Whip is still hammering on that.
Mr Speaker 11:13 a.m.
If a copy was made available to the Chairman, which he shared with his Colleagues, I think we should not drag this point.
Hon Minority Chief Whip, I have heard you.
Hon Majority Leader, any comment? Otherwise I would put this on vote?
rose
Mr Speaker 11:13 a.m.
The Hon Minority Leader would like to make a comment. Yes, Hon Minority Leader, before the Hon Majority Leader?
Minority Leader (Mr Haruna Iddrisu) 11:13 a.m.
Mr Speaker, the Subsidiary Legislation Committee Chairman, Hon Mahama Ayariga has done what is constitutionally and legally needful by submitting his Report to plenary for us to consider as a House.
When last week's Business Statement was presented in this House, I had cause to ask for a copy of the Justice Brobbey Commission Report. I made the request on this Floor. As I contribute to this Motion, I do not have access to it.
Mr Speaker, as a lawyer, you know that the Constitution provides for three instruments under article 11. An Executive Instrument (E. I.) is largely controlled by the Executive and a Legislative Instrument
Mr Speaker 11:13 a.m.
Hon Minority Leader, proceed. Do not allow yourself to be interrupted.
Mr Iddrisu 11:23 a.m.
Mr Speaker, the C. I. 109 is, irresistibly, an output of the Justice Brobbey Commission of Enquiry report. Just as if it were an L. I., I would have related it to its parent Act to understand it's consistency with the parent Act and the Constitution.
With this one, we were just brought a Report on the Referendum (Creation of New Regions) Regulations, 2018. I have not seen the Justice Brobbey Commission Report and so we demand that in the interest of openness and transparency for good governance, a copy be made available to us to contribute to it.
Mr Speaker, we are not engaged in an ordinary exercise of creating regions. There are vexed issues that we know and I could lead a discussion on some of them.
However, because of sensitivities and national cohesion, we want to be guided.
I have not seen a copy and those who are lawyers here -- I have given an example; the L. I. is to the parent Act, C. I. is to -- On this particular (C. I. 109), it is on the basis.

Mr Speaker, I would want to refer to the Constitution so that I would articulate my point very well.

With your permission, I beg to quote article 5(2) which says:

(2) “If the President, upon a petition being presented to him and, on the advice of the Council of State, is satisfied that there is a substantial demand for'' --

So, the President did what is right in setting up the Commission of Enquiry. The Commission engaged across the country chiefs, people and opinion leaders and even travelled across the country. We need to know what is in their Report to guide us to contribute meaningfully to their findings in this Report.

When we read article 5, it has no flesh. It only says that the President shall set up a Commission of Enquiry; and he has done so. The Commission of Enquiry has made findings and I say without fear of contradiction that the C.I. 109 is an output and a product of the Justice Brobbey Commission of Enquiry Report.

It is only fair in the interest of good governance, that we know what they have said, what they found and what their recommendations are. We cannot just give a blanket approval that because we have met minimal constitutional requirement we should proceed -- [Interruption] --I said

Legislative Instrument (L.I.) — I have studied law just like him.

He should go to article 11. An L.I. is based on the parent Act and C.I. is a Constitutional Instrument. In this matter, the C.I. arises out of the Justice Brobbey Commission of Enquiry Report.

Mr Speaker, we so demand lawfully, that we should have the Report so it could guide us. For instance, I have looked at --
rose
Mr Speaker 11:23 a.m.
Hon Member, I prefer you do not interrupt the Hon Minority Leader. I would give you a chance to respond. Your campaign at the back would not help. If you have any issue address me.
Dr Assibey-Yeboah 11:23 a.m.
Mr Speaker, you had indicated earlier that when the Hon Minority Leader is done, you would allow the Hon Majority Leader to speak, but I wanted to draw the attention of the Hon Minority Leader to something.
Mr Speaker 11:23 a.m.
I said I would give you an opportunity to contribute before the Hon Majority Leader would contribute so that you would articulate your objection. Sometimes, I like that certain debates are not interrupted.
Hon Minority Leader, you may continue.
Mr Iddrisu 11:23 a.m.
Mr Speaker, I just raised one issue, but the germane issue is that we could only appreciate what is in the C.I. 109 if we do have access to the Report of the Justice Brobbey Commission Report.
Mr Speaker, I would seldom not go into the matter as I have said. As a Ghanaian, I
know there are matters within the Report that touch on sensitive issues and we need to have a united Ghana.
For instance, I have seen the Savannah Region out of the Northern Regions in page 39 of the C.I. 109. If we see the composition, it is being driven by some ethnic composition beyond the struggle and strives for independence.
Today, I do not believe those social re- alignment -- We need to watch it and be careful. How was the name “Oti Region” determined? I would want to know in the Report so that I would be guided historically. I would have issues if I do not see the Commission of Enquiry Report.
Mr Speaker, more importantly, the North-East Region out of the Northern Region — I come from the Northern Region, I know Chereponi and the geopolitics in it. Chereponi which would go under Mamprugu is repugnant to land ownership and its parameters between the Dagbon State and Mamprugu and others and the people of Chereponi. These are reasons we need to see the Report in order to appreciate the issues.
Mr Speaker, I would want to raise this fundamental objection that we are not against the creation of regions. We certainly cannot be because we support devolution of power and decentralisa- tion.
Indeed, our Manifesto provided for five -- My Hon Colleagues on the other Side of the aisle, if they were thinking forward, their Manifesto provided for one; so at least, they have come to the five and so they should not create an impression that Ghanaians -- [Interruption.] -- But they said one. At least, we were closer because we promised five.
Mr Speaker 11:23 a.m.
Hon Minority Leader, these can be made without anything that might give impression that somebody is not doing something right. We must be very careful because you said, “the President must do it right''.
Mr Iddrisu 11:23 a.m.
Mr Speaker, I said “we should help him do it right''.
Mr Speaker 11:23 a.m.
Yes, but if you said “we should help him do it right'', then there is a presumption that he is not doing it right. I am glad you have agreed, but please, withdraw what you said, that “we should help him do it right''. We must not presume
that somebody is not doing something right.
Hon Ayariga?
Mr Ayariga 11:33 a.m.
Mr Speaker, indeed, the concerns of the Hon Minority Leader came up during the Committee sitting and we spent a long period of time to consider that matter.
Mr Speaker, the Committee was informed by some key constitutional provisions and those relate to the provisions in chapter two of the 1992 Constitution on territories of Ghana, particularly, article 5 which relates to the process for the creation of regions and also chapter 23 which generally deals with the establishment of Commissions of Inquiry.
Mr Speaker, there were Hon Members of the Committee who took a position that under chapter 23 of the Constitution, when a Commission of Inquiry completes its work, the President is obliged to publish the Report of the Commission.
If the President does not want to publish the Report of the Commission, he should publicly state why and indicate that he would not publish the Report of the Commission. That is one school of thought based on chapter 23 of the Constitution.
Mr Speaker, there was another school of thought [Interruption]. In all sincerity, I and some Hon Members of the Minority Side took the position that the Hon Minority Leader has taken, that there must be a publication of the Report.
There must be a publication of the Report because the provisions in chapter 23 of the Constitution generally apply to all Commissions of Inquiry.
However, our attention was drawn to article 278 of the constitution which begins with “Subject to article 5 of this Constitution …”. Article 5 of the Constitution deals with a more specific case of a Commissions of Inquiry for the creation of regions.
So, once it says, “Subject to article 5” and we go to article 5 and it has an elaborate procedure which does not include publication, it created some form of a deadlock at the Committee meeting.
So, the Hon Minister said for national security reasons --
Mr Speaker 11:33 a.m.
Hon Chairman of the Committee, notwithstanding that, the Committee Chairman's attention was drawn to that Report anyway.
Mr Ayariga 11:33 a.m.
Yes, Mr Speaker. I will get to that.
Mr Speaker 11:33 a.m.
You may go on, Hon Chairman of the Committee.
Mr Ayariga 11:33 a.m.
Mr Speaker, so as the debate proceeded, the Hon Minister decided that he would oblige Members of the Committee so that we would not be acting blindly.
We would see the Report -- because we wanted to ensure that, especially the Schedule (1), which specifies the areas where the referendum should take place is, indeed, consistent with the recommen- dations of the Committee.
This is because that was going to be enacted into the C.I. and so we needed to be sure that it was actually contained in the Report. So the Hon Minister obliged us and brought us the Report, for us to see that those areas to be affected were
actually captured in the Report of the Committee.
He indicated that as Members of the Committee, he was granting us that privilege, but we were not told whether the Report would ultimately be published.

Mr Speaker, so that was debated and we had the benefit of seeing the Report. But anybody arguing the matter should be guided by the opening provisions of article 278 (1) relative to article 5 of the Constitution.

Mr Speaker, I thank you.
Mr Speaker 11:33 a.m.
The relevant article had not actually provided for what the Committee, out of the abundance of caution, went along and provided for and saw the Report. Is that not so? [Pause]
Hon Majority Leader, you may conclude the debate.
rose
Mr Speaker 11:33 a.m.
The relevant Hon Minister wants to make a point; it is our procedure. In Parliament, if a Minister responsible for a sector wants to clarify a position, it is just proper that we should hear from him.
The Hon Minority Leader himself helped this House by issuing the expressions “sensitivities and national cohesion”. I think we should all be guided by it before Parliament becomes the agent for non-sensitivity and non-national cohesion. So, we are guided accordingly.
Hon Minister for Regional Reorganisa- tion and Development?
Mr Speaker 11:33 a.m.
Yes, Hon Minority Leader?
Mr Iddrisu 11:33 a.m.
Mr Speaker, I was going to indulge you, just to raise one other issue so that the Hon Minister can respond to that. In my earlier comment, because I said “preliminary”. I left out a very important issue.
The Electoral Commission -- the financing of the Electoral Commission and their preparedness and readiness to undertake this exercise.
Mr Speaker, when the President appeared before this House, he gave us a certain indication of the time period for the referendum. The data system -- my Chairman is here; we engaged the Electoral Commission last week of their vote. They have GH¢178 million but they are still looking for warrant. They are not spending. The data system may not be able to accept the conduct of District Assembly elections which was raised in the meeting --
Mr Speaker 11:33 a.m.
Hon Minority Leader, the Electoral Commission itself is another institution that as much as possible, must operate independently.
Mr Iddrisu 11:33 a.m.
Mr Speaker, so I demand that the Minister for Finance --
Mr Speaker 11:33 a.m.
Hon Minority Leader, I am speaking.
Matters regarding their finances -- let it not look as if Parliament is now raising these matters concerning them. Let us assume that they are capable of taking care of their affairs. Otherwise, it might -- I said “might” -- it is speculative -- that they are not going to perform.
So shall we go on please?
Mr Iddrisu 11:33 a.m.
Mr Speaker, it is not speculation; the Chairman of the Special Budget Committee is here. I met the members of the Commission there with himself and the Hon Majority Leader and Leader of Government Business.
I am saying that the Ministry of Finance must ensure that releases get to the Electoral Commission on time to undertake this important exercise.
If I cannot make this demand, then where else can I make it?
Mr Speaker 11:33 a.m.
I believe this can be done by appropriate --
Mr Iddrisu 11:33 a.m.
No, Mr Speaker. It must be done here.
Mr Speaker 11:33 a.m.
Hon Member, that the Hon Minister must come and give assurance?
Hon Minister?
Minister for Regional Reorganisation and Development (Mr Dan K. Botwe) 11:33 a.m.
Mr Speaker, incidentally, I am a member of the Special Budget Committee and we have met many times with the Electoral Commission on this matter. So the Hon Minority Leader and our Chairperson are very much briefed of the activities of the Electoral Commission.
Mr Speaker, in actual fact, only last week, the Electoral Commission met the Special Budget Committee to give an update on their preparedness towards this referendum.
Mr Speaker, I would just want to take the opportunity to explain some of the issues raised by the Hon Minority Leader. Article 5(4) of the Constitution states and I crave your indulgence to quote:
“When a commission of inquiry appointed under clause (2) or (3) of this article finds that there is the need and substantial demand for the creation, alteration or merger referred to in either of those clauses, it shall recommend to the President that a referendum be held, specifying the issues to be determined by referendum and the places where the referendum should be held.”
Mr Speaker, with your permission, I beg again to quote article 5(5) which reads 11:33 a.m.
“The President shall refer the recommendations to the Electoral Commission, and the referendum shall be held in a manner prescribed by the Electoral Commission.”
Mr Speaker, so what is before us is what the Electoral Commission has submitted. With the greatest of respect, I do not think that we are discussing the Commission of Inquiry Report. The findings of the Commission would go to the President. The President would by article 5(5) of the Constitution refer it the Electoral Commission:
Article 5(5) says:
“The President shall refer the recommendations to the Electoral Commission, and the referendum shall be held in a manner prescribed by the Electoral Commission.”
Mr Speaker, the C. I. we have here is signed by the Electoral Commission. We have Mrs Jean Mensah, Chairperson of the Electoral Commission. That is the signature that I see here on the C.I. 109.
Mr Speaker, but just as the Chairman of the Committee said, to satisfy themselves that the recommendations made is exactly what the President has
referred to the Electoral Commission (E.C.) and that is what the Hon Chairman of the Committee has said here twice this morning in this very Chamber, that they satisfy themselves if --
Mr Speaker 11:43 a.m.
Please, Hon Members, let us not be provocative.
Hon Members, Order!
Mr Botwe 11:43 a.m.
Mr Speaker, the Hon Chairman and all the Hon Members of the Committee saw the Report, verified for themselves that the recommendations so made in the Justice Brobbey Commission Report is exactly what the President transmitted to the EC, and that is exactly what the EC has also placed in the Constitutional Instrument (C.I.) before us. The Hon Chairman has stated here that he confirmed it.
With regard to the submission of the Report to the public, there is no problem with that. It is just that as the Hon Chairman said, article 280 states clearly that The President has within six months to release such a Report, and even that, the Constitution provides that if he decides that the Report should not be formally published, he can state reasons.
All these things are contained in the Constitution.
Mr Speaker, with the greatest of respect, I know that the Hon Leader and other Hon Members are very much aware, but I know that the President has no problem at all in releasing the Report. He has not broken any law; he is fully within what the Constitution has said.
This Report was presented on the 26th June, 2018 and obviously, today's date is not beyond six months.
rose
Mr Speaker 11:43 a.m.
Please, let the Hon Majority Leader respond for a moment. Hon Members, let us go straight to our points and conclude this matter which is actually adopting the Report of the Committee. The whole process will continue.
Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 11:43 a.m.
Mr Speaker, in rising to lend my voice to adopting the Report of the Subsidiary Legislation Committee, I wish to commend the Committee for submitting the Report on the referral to them early enough.
Mr Speaker, often times, the Subsidiary Legislation Committee has waited until the day of the expiry of the referral before they submit their Report. Today, we are not there yet. This Instrument that went before them is ready to come into force on the 28th November, 2018, and long before then, they have come with this Report.
I believe that going forward, we should encourage them to act timeously as they have done so that if there are any problems
and perhaps, amendments have to be made or maybe, the House would have to recommend that that particular Instrument be withdrawn for necessary amendments being made, it could be made in good time.
Mr Speaker, so, I commend the Subsidiary Legislation Committee for acting in such a manner.
The Constitutional Instrument that we are dealing with ensues from the Constitution and not on account of a Report. That is the position of the Constitution as has been referred to by the Hon Minister for Regional Re- organisation and Development.
It is the reason why, what we are dealing with -- We must really make a distinction between what the President is required to do in the creation of the regions.
Mr Speaker, article 5 of the Constitution requires the President to come by a C.I. to create regions, but that is not what we are dealing with. That one will come after the referendum. Then the President will come with the necessary C. I. in respect of the creation of the regions.
Today, we are dealing with the C.I. from the E.C. and not from the President. The distinction must be made. Indeed, as has been articulated by the Hon Minister for Regional Re-organisation and Develop- ment, when the Committee appointed by the President submitted its Report, they were not to submit the Report to us.
The destination of that Report is the E.C. and indeed, on account of that the E.C. formulated this C.I. So this C.I. comes to us, informed by the Report of the Commission to the E.C.
Mr Speaker, if we want a copy of that Report, the Hon Minister for Regional Re- organisation and Development does not have the alternative to submit the Report to this House. It is not part of his remit.

Mr Speaker, that distinction must not be lost by my Hon Colleagues because they were making the inappropriate demand on the Hon Minister for Regional Re-organisation and Development. It is not part of his -- [Laughter.] --The demand is most inappropriate on the Hon Minister for Regional Re-organisation and Development.

What is the Subsidiary Legislation Committee required to do under the circumstance? I believe our Standing Orders inform us, and if I have to go through Standing Order 166 I beg to quote:

(1) “There shall be a Committee on Subsidiary Legislation which shall consist of not more than twenty-five Members.

(2) Any Orders, Rules and Regulations made in pursuance of the provisions of the Consti- tution or the legislative func- tions delegated by Parliament to a subordinate authority shall be

laid before Parliament as provi- ded under Order 77 (Orders, Rules or Regulations).

(3) After each Order, Rule or Regulation is laid before the House, the Committee shall, in particular, consider:-

(a) whether it is in accordance with the general objects of the Constitution or that Act pursuant to which it is made;”

Mr Speaker, would people follow the rules? Subclause

(b) Whether it contains any matter which in the opinion of the Committee should more properly be dealt with in Act of Parliament;

(c)Whether it contains imposition of any tax;

(d)Whether it directly or indi- indirectly bars the jurisdiction of the courts;

(e)Whether it gives retrospective effect to any of the provi- sions in respect of which the Constitution or the Act does not expressly give any such power;

(f)Whether it involves expen- diture from the Consolidated Fund or public revenues;

(g) Whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or that Act pursuant to which it is made;
Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 11:43 a.m.


(h) Whether there appears to have been unjustifiable delay in its publication or in laying it before Parliament;

(i) whether for any reason its form or purport calls for any elucidation”

Mr Speaker, the Committee has gone through this, they are satisfied that everything that has been done is in accord with the provisions in our Standing Orders and they have submitted a Report to us, which does not question any of the provisions contained in our Standing Orders.

I agree with the Hon Minority Leader, when he says that there are certain sensitive matters that we should not be berating ourselves about. If we have to do any such considerations, perhaps, it should have been at the level of the Subsidiary Legislation Committee.

In the wisdom of the Committee, they have found it worthy to submit to us that the House should approve of C.I. 109.

Mr Speaker, so I believe that we should not be seen to be splitting hairs over this. The principle is understood and well espoused by the Committee.

Mr Speaker, once again, I would want to lend my support to the Report that has been submitted to us for adoption by the Subsidiary Committee Legislation.

Mr Speaker, thank you for the space granted to me.
Mr Speaker 11:53 a.m.
Hon Majority Leader, thank you very much.
Mr Speaker 11:53 a.m.
Hon Members, there are times when Hon Members on both Sides must learn to be very discreet, tolerant and accommodating. Let us go on.
Hon Members, item numbered 9 -- Motion
Hon Chairman of the Committee?
MOTIONS 11:53 a.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:53 a.m.
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Request for the Utilisation of a Portion of GETFund's Revenues for the Debt Service of a Medium Term Loan Facility of the cedi equivalent of one billion, five hundred million United States dollars (US$1,500,000,000) to be used for educational infrastructure.
Mr Speaker, I beg to present your Committee's Report.
Introduction
The Request for the Utilisation of a Portion of the Ghana Education Trust Fund's Revenues for the Debt Service of a Medium Term Loan Facility of the cedi Equivalent of one billion, five hundred million United States dollars (US$1,500, 000,000) to be used for Educational Infrastructure was presented to the House on 30th October, 2018.
Pursuant to article 103 of the 1992 Constitution and Orders 169, 171 and 186 of the Standing Orders of the House, the request was referred to the Committee on Finance and the Leadership of the Committee on Education for consideration and report.
The Committee subsequently met and discussed the Agreement with the Minister for Education, Hon Dr Matthew Opoku Prempeh, a Deputy Minister for Finance, Hon Abena Osei-Asare as well as officials from the Ministries of Finance and Education and the GETFund Secretriat and hereby submits this Report to the House.
The Committee is grateful to the Hon Minister for Education, the Deputy Minister for Finance and the officials from the Ministries of Finance and Education, including the GETFund Secretariat for attending upon the Committee.
References
The Committee referred to and was guided by the following documents inter alia during its deliberations on the request:
1992 Constitution of the Republic of Ghana.
The Standing Orders of the Parliament of Ghana.
The Public Financial Management Act, 2016 (Act 921).
The Ghana Education Trust Fund Act, 2000 (Act 581) as amended.
Background
The Ghana Education Trust Fund (GETFund) was established by the Ghana Education Trust Fund Act, 2000 (Act 581). Among others, the object of the Fund is to provide finance to supplement the provision of education at all levels by the Government.
The main source of revenue for the Fund is the equivalent of 2.5 per cent Straight Levy on applicable goods and services as provided for by the Ghana Education Trust Fund (Amendment) Act, 2018 (Act 972).
Per section 5 of Act 581 (as amended), the Fund has the mandate and capacity to enter into contracts and to acquire, purchase and hold movable and immovable property.
Based on the Fund's projected cash flow analysis, the Fund intends to assign a portion of its receivables (about 40 per cent) to secure the cedi equivalent of one billion, five hundred million United States dollars (US$1.50 billion) to implement critical educational infrastructure projects.
The remainder of the receivables would be used to implement other activities of the Fund and to continue its normal operations.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:53 a.m.
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Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:53 a.m.
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A.M.
Mr Daniel Okyem Aboagye (NPP - Bantama) 12:03 p.m.
Mr Speaker, I beg to second the Motion, and in so doing I would like to say that we know education is so critical and important.
Mr Speaker, we know that we have infrastructure deficit and it is important for us to be bold and deal with it, to the point that issues that are raised with education when it comes to infrastructure could be dealt with once and for all.
Mr Speaker, we know that there have been legacy debts. Contractors have not been paid, but we go round, come back and criticise, and say that we should pay the contractors, do what we have to do, and make sure people get paid, so that we do not incur a lot of losses.
I believe that if we are able to leverage this opportunity, to leverage the GETFund to deal with all these issues, even the double track, which we consider to be an innovative way of dealing with the challenge we have, would be dealt with.
Mr Speaker, I believe our friends on the other Side of the isle understand that if they do not want to see the double track going on with the Free Senior High School, then the way to go is to leverage what we have now and deal with the issue.
Mr Speaker, this is not the first time, even though as a fresh Hon Member of Parliament (MP), I have seen that we leveraged the Road Fund to try to do a similar thing, except that it was borrowed at a very high rate and we re-financed it.
It is a similar project, and we are just basically going to rely on the inflows that we are going to get from this statutory fund to leverage it and deal with the current challenges now.
Mr Speaker, I believe it makes sense to do this. It makes sense to leverage and I like the fact that every tranche that is going to be required would come back to Parliament for approval, because conditions may change.
I therefore support the Motion, and I encourage all my friends to support it, and adopt the Report.
Question proposed.
Mr Fuseini Issah (NPP -- Okaikoi North) 12:03 p.m.
Thank you very much, Mr Speaker, for the opportunity to add my voice to the Motion ably moved by the Hon Chairman of the Finance Committee.
Mr Speaker, this facility offers us an opportunity to unlock value that has been locked in uncompleted facilities in our schools across the nation. Before we started most of these projects, I am sure the needs assessment were done in the schools.
This project was supposed to either help with the class sizes within these schools, or to provide dormitories and other facilities needed in these schools.
Mr Speaker, we are told in the Report that over the years, the expenditure at GETFund has not been traced like it should be. This can be seen on page 8, paragraph 5.7 of the Report. It says that in 2016, the GETFund gave out projects, three times what it was allowed by Parliament to do.
Mr Speaker, it is a source of worry when we spend moneys that we do not have or spend monies that we do not have any anticipation of getting. Cash flows to such statutory funds need to be managed and managed more prudently, so that we do

not lock values in projects for years, yet unable to get the benefit of the values locked in there.

Mr Speaker, with the Report in front of me, I am sure that the students of Achimota Senior High School would be very grateful to the President and the Hon Minister that finally, the eighteen classroom block that began over 12 years ago, is going to be completed.

The children in Achimota Basic School would also be grateful that they would have a new dining hall and would not have to sit under a curving roof to have their meals.

Mr Speaker, I am also sure that students, somewhere in Tuobodom or Bolgatanga or Duayaw Nkwanta, students across this nation would be grateful that the facilities that they would need to improve upon teaching and learning would be made available to them.

Mr Speaker, today, as a nation, we are having what we call the Double Tracking System. It is an effective system because it provides the opportunity to more students, who hitherto could not get the opportunity to study in privileged schools like the Presbytarian Boys Senior High School or PRESEC, as we know.

The Rt Hon Speaker and myself, had the privilege of benefiting from PRESEC, including even the Hon Chairman of the Finance Committee.

Mr Speaker, I support this Motion, and I urge my Hon Colleagues in the Chamber to ably support it so that we would be able to provide these facilities for our students across the country.
Mr Speaker 12:03 p.m.
Leadership, any contributions?
rose
Mr Speaker 12:03 p.m.
Yes, Hon Member?
Mr Anthony Effah (NPP --Asikuma- Odoben-Brakwa) 12:03 p.m.
Thank you, Mr Speaker.
Mr Speaker, this proposal before the House is a very good one, and it is timely.
Mr Speaker, my Hon Colleagues have talked about the importance of having infrastructure to promote education at the basic level, the secondary level and also at the tertiary level. I would like to draw the attention of the House to the terms and conditions of the facility.
Mr Speaker 12:03 p.m.
Hon Members, your comments are rather becoming disruptive. If anyone you see standing is to catch my eye, then you may conduct your own Business.
Hon Member, you may continue with your contribution.
Mr Anthony Effah 12:03 p.m.
Thank you very much, Mr Speaker.
Mr Speaker, I would like to look more at the terms of the facility and propose for the consideration of the Hon Minister, whether this could improve the arrangements that we have for now.
Mr Speaker, this is a ten (10) year facility with a fixed rate of 19.5 per cent over ten years, and I thought that we could make it variable, such that we would tie the interest rate with the prevailing Treasury Bill. Looking at the rate of 19.5 per cent, it presupposes that the Treasury
Bill is moved on a 91 day plus about six per cent. If we must keep the formula, then over ten years, we would have the flexibility of having a reduced interest rate on a facility such as this.
Mr Speaker, there is no direct indication of who the lenders are likely to be, and so it would be useful for us to have an idea of whether it is the domestic banks in Ghana or some other finance houses that would take part in this facility.
I propose that we have an arranger, who would be able to put all documentations together. This is because we anticipate further drawdowns under the US$1.5 million facility.
Mr Speaker, the five hundred million is the first one, but there could be subsequent drawdowns over the 10 year period.
So, if we had an arranger, who would put all the documentations in place and be able to make claims for draw downs and also give specific reports to this House concerning the utilisation of the facility, then I believe that would improve the structure of the facility.
Mr Speaker, I would like to also indicate here that by and large, the Government intends to improve educational infra- structure, and so by approving this request, I believe that we could help Government achieve that objective, where children of Ghana would have the benefit of a better education.
Mr Speaker, with these few words, I support the Motion.
Mr Speaker 12:03 p.m.
Hon Majority Leader, you may contribute and may make an indication as to issues on numbers.
Mr Kyei-Mensah-Bonsu 12:13 p.m.
Mr Speaker, the Hon Minister, I believe, would want to make some contributions. So, I would yield to him first, and if I would have to make any further contributions, then I may do so.
Mr Speaker 12:13 p.m.
Very well, Hon Minister?
Dr Matthew O. Prempeh 12:13 p.m.
Thank you, Mr Speaker. [Interruption.]
Mr Speaker 12:13 p.m.
Hon Minister, make your contribution.
Dr Prempeh 12:13 p.m.
Mr Speaker, I urge this House to vote massively for the Motion that is before this House.
Mr Speaker 12:13 p.m.
There would be order.
Dr Prempeh 12:13 p.m.
Mr Speaker, I would urge this House to honourably vote massively for this to help us change the course of education in this country. Before this Government came into power, the pre- vious Government had utilised huge sums of moneys against the direction of Parlia- ment for contracts that they never paid.
In 2017, I came to show to the House that the Interim Payment Certificate (IPC) on GETFund was over GH¢900 million. It is still accumulating. This Government, being prudent and frugal, has found it necessary to go to the market, raise money and pay for debts that the previous Gov- ernment left, never paid and never intended to pay, so that we can have the breathing space to continue with ongoing projects to facilitate quality infrastructure in the educational sector.
Mr Speaker 12:13 p.m.
Hon Majority Leader, you may conclude the debate, then we can take any other step as to decision making which may require certain numbers.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:13 p.m.
Mr Speaker, we have listened to the presentation of the Reports -
Mr Speaker 12:13 p.m.
Those who want to make orders in the House should be very careful. I trust you all take cue from the Speaker's Bench.
Mr Kyei-Mensah-Bonsu 12:13 p.m.
Mr Speaker, this Report is a Report of the Finance Com- mittee, acting together with the leadership of the Committee on Education. They have considered the referral to them in respect of the US$1,500,000,000 equivalence to be used for educational infrastructure.
Mr Speaker, the Report is succinct and unambiguous on the purpose and purport of the referral. I believe the Committee, which is the Finance Committee, together with leadership of the Committee on Edu- cation, are in agreement, that it is impor- tant that the Government resorts to this mechanism to liberate the appropriate funds and resources to enable Govern- ment and the State undertake the enter- prise set out in this Report, and indeed, in the request for the loan facility.
Mr Speaker, having listened to the Com- mittee Chairman and other contributors, including the Hon Minister, I am con- vinced that what we are doing here is most appropriate, fit and proper, and you may put the Question on the adoption of the Report.
I thank you very much.
Mr Speaker 12:13 p.m.
Thank you very much.

I would move to the Right to Informa- tion Bill, 2018. Item numbered 14 -- The Right to Information Bill at the Considera- tion Stage.

The Hon First Deputy Speaker would take the Chair for the purpose of the Con- sideration.
BILLS -- CONSIDERATION STAGE 12:13 p.m.
Mr Speaker 12:13 p.m.
Chairman of the Commit- tee, you may --
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 12:20 p.m.
Order! Order!
Hon Member, if you want to speak to the microphone, I would recognise you. [Interruption.] Hon Members, if you want to address me, I would recognise you. Yes, I want to hear you.
Mr Governs K. Agbodza 12:20 p.m.
Mr Speaker, I am very grateful for the opportunity for you to listen to me. When the people of Adaklu sent me here, they did not send me as a group; they sent me as an indi- vidual.
Mr Speaker, I never got up initially to cause any harm. I just realised that the votes that was taken on the Constitutional Instrument (C.I.), even at that time, I counted only 63 of my Hon Colleagues in the House.

Mr Speaker, all I got up to do was not to stop a region being created or GETFund getting money, but only to draw the Rt Hon Speaker's attention to article 102 and Standing Order 109 (1). That is all that I wanted to do. Mr Speaker could have lis- tened to me and ruled against; I would have been happy.
Mr First Deputy Speaker 12:20 p.m.
Hon Mem- ber, I am listening. Now draw my atten- tion to the appropriate Standing Order or rule and let us deal with that.
Mr Agbodza 12:20 p.m.
Mr Speaker, I was going to draw your attention to article 102 of the 1992 Constitution of Ghana which talks about quorum in Parliament.
Mr Speaker, with your permission I read 12:20 p.m.
“A quorum of Parliament, apart from the person presiding, shall be one- third of all the members of Parlia- ment.”
And if I go to Standing Order 109(1):
“No Question for decision in the House shall be proposed for deter- mination unless there are present in the House not less than one-half of all the Members of the House …”
Mr Speaker, I could read on, but all I was saying is that for a crucial C.I. like the one to create regions, I do not blame the Rt Hon Speaker, but I expected my Hon Colleagues to be here in their numbers so that we can take a decision that Ghana -- [Interruption] -- would know that this decision is taken by majority. I counted 63 people in this House. The vote that was taken by minority.
Mr Speaker, if you want to grow this democracy, then we must be prepared to take the pain and the sweet part of it. I feel slighted by the decision that the Rt Hon Speaker, Professor Aaron Mike Quaye ignored me for the period and decided not to look my direction.
My Hon Colleagues, indeed, stepped out. Even for the Majority, this is not all the number. All Mr Speaker could have done, and all I requested from the Rt Hon Speaker was to listen to me and even rule against. That would have the tenet of de- mocracy.
But to ignore me to that extent as if we do not exist, that cannot be right. I would repeat; I do not expect Rt Hon Speaker to pretend that he did not see me or see anybody on the Minority Side.

Even if I say the Rt Hon Speaker is the worst I have ever seen, that is my right. I am not here to measure Speakers. I can say --
Mr First Deputy Speaker 12:23 p.m.
Hon Member, if you are done -- [Inter- ruption.]
Mr Agbodza 12:23 p.m.
Mr Speaker, I have finished. That is all I wanted to say. I thank you.
Mr First Deputy Speaker 12:23 p.m.
Very well.
Let me listen to the Hon Majority Leader.
Mr Kyei-Mensah-Bonsu 12:23 p.m.
Mr Speaker, our Hon Colleague started by saying that he was going to say something. It means to all intents and purposes, that he is no longer interested in saying what he has said. That is very grammatical; “I was going to say something”. So it means he is no longer interested in all that poured out.
Mr Agbodza 12:23 p.m.
Mr Speaker --
Mr Kyei-Mensah-Bonsu 12:23 p.m.
Mr Speaker, would my Hon Colleague listen? This is not a market place. I sat down and listened to him. Would he accord some respect? We are not in a market place.
This House is guided by rules, and Mr Speaker, when he got up at first, he spoke and he did not speak into the microphone. I consider whatever he said gibberish, because he did not speak into the microphone.
He called the Rt Hon Speaker the worst. Is that not an insult? A person who is trained in this House would not pour out such gibberish.
Mr Speaker, the Hon Member did not continue, otherwise we would have subjected him to the rules of this House, that is; misbehaviour, flagrant, persistent and wilful disobedience of the general rules of our Standing Orders.
Mr Speaker, all of us have at some point, since we came to this House, gotten up and we have at times not been noticed by the Rt Hon Speaker, even as Minority Leader and sometimes as Majority Leader.
Most recently, I got up and Rt Hon Speaker did not recognise me. Should the heavens collapse and fall on us?
Mr Speaker, we have seen Speakers and seen Speakers in this House. We have seen Speakers in this House since the days of Justice Annan.
We have seen those who have been very tyrannical in this House, but I believe we are a House that wants to be respected, and even though sometimes we are really offended, we should measure ourselves and be very circumspect in the language that we use in the House.
Mr Speaker, the issue that my Hon Colleague wanted to relate to, which he did not relate to at the time for the purpose because ostensibly he could not be recognised by the Chair, we have gone past that and I believe we can make progress.
Thank you very much.
Mr First Deputy Speaker 12:23 p.m.
Hon Members, the Hon Colleague is raising an issue which is also regulated by our rules.
If you start from matters on which decisions have been taken, it is a known rule that once a decision has been taken,
you can only challenge that decision by a formal process.
It may well be that the Hon Member was on his feet and the Rt Hon Speaker did not recognise him. But it is the practice in the House that the Rt Hon Speaker is in charge of the conduct, and at any point in time he recognises one person or the other. But once a decision is taken, the process for challenging the Rt Hon Speaker's decision or any process is a formal one.
What I heard the Hon Member say at the time I took the Seat was clearly in breach of Order 93; Content of Speeches. Hon Members are to conduct ourselves in the House in accordance with our rules, and I think it is unbecoming to use offensive, abusive, insulting, blasphemous or unbecoming words or to impute improper motives to any other Member or to make personal allusions. That is Order 93(2), and that is what the Hon Member was engaged in.
I think it is totally inappropriate. The Hon Member has the rules and the Constitution at his disposal, and he is entitled to make any formal process after a decision has been taken, and I would direct him to take any steps that he has to, but certainly, it was inappropriate to use the language he used, and that is why I invited him so that it would go into the record.
Fortunately, when you had the Floor, you chose your words carefully, but please, what we cannot do properly for the records we should not say for other people to hear.
Hon Member for Adaklu, you are entitled to take any formal process you
think would assuage your disappointment, but certainly choose your words in a manner that is befitting of this House.
Hon Members, we shall proceed with the proceedings of the House.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:23 p.m.
Mr Speaker, because we have to come early tomorrow morning to Sit, I would want to plead with Hon Colleagues that we should end proceedings here to enable us go and prepare and come back.
Mr Speaker, on that note, if I may, I beg to move, that we adjourn the House until 8.00 o'clock in the forenoon tomorrow.
Mr Speaker, I so move.
Mr First Deputy Speaker 12:23 p.m.
The Motion for adjournment has been moved.
Consideration would then come to a close for today.
Mr Kyei-Mensah-Bonsu 12:23 p.m.
Mr Speaker, I believe that procedurally, I should not have moved the Motion at the time I moved it, so I beg to move that we adjourn the House until 8.00 o'clock in the forenoon tomorrow.
Mr Speaker, I so move.
Mr First Deputy Speaker 12:23 p.m.
Very well, the Motion for adjournment has been moved. Any seconder?
Alhaji I.A.B. Fuseini 12:23 p.m.
Mr Speaker, I beg to second the Motion, and in seconding the Motion, to inform the Hon Majority Leader that anytime he is going to move a Motion before 2.00 o'clock, he
Alhaji I.A.B. Fuseini 12:23 p.m.


should first have regard to where the Mace is.

If not, it would not be in the position to receive the Motion. That would be all I would add for now. Except that today is Friday.

Question put and Motion agreed to.
ADJOURNMENT 12:23 p.m.
  • The House was accordingly adjourned at 12:33 p.m. till Saturday, 17th November, 2018 at 08.00 a.m.