Debates of 9 Apr 2019

MR SPEAKER
PRAYERS 10:08 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:08 a.m.

Mr Speaker 10:08 a.m.
Hon Members, Correction of Votes and Proceedings of Monday, 8th April, 2019.
Pages 1…7 --
rose
Mr Speaker 10:08 a.m.
Yes, Hon Deputy Minority Leader.
Mr James Klutse Avedzi 10:08 a.m.
Mr Speaker, on page 7, item numbered 19, I have been marked absent; I was present. If you look at page 38, I chaired the Public Accounts Committee (PAC) Sitting Yesterday. So the correction should be made.
Mr Speaker 10:08 a.m.
Thank you very much.
Hon Member, you were manifestly present.
rose
Mr Speaker 10:08 a.m.
Yes, Hon Member?
Alhaji Muntaka 10:08 a.m.
Thank you, Mr Speaker.
This is something that has been discussed again and again. Com- mittees are to start from the Chamber. Unfortunately, my Hon Colleague, the Deputy Minority Leader, was not in the Chamber yesterday. So what the Votes and Proceedings has captured is right.
He chairs the Committee and he knows. As part of Leadership, we have insisted that committees should start from the Chamber, then after, we can go and do the committee work. He cannot start from the Committee and come to the Chamber and he would want to be marked present.
Mr Speaker, the rules still stand, that an Hon Member is only marked present when he is in the Chamber. Other Hon Colleagues like Ras Mubarak was in the Chamber before they joined him. Why did he not come to the Chamber?
Mr Speaker 10:08 a.m.
Yes, Hon Deputy Minority Leader?
Mr Avedzi 10:08 a.m.
Mr Speaker, I am correcting the Votes and Pro- ceedings. The same Votes and Proceedings cannot say that on the 8th of April, 2019 -- [Interruption.]
Alhaji Muntaka 10:08 a.m.
Yes, you were at the Committee.
Mr Avedzi 10:08 a.m.
James Klutse Avedzi has been marked absent on page 7, and on page 38, I have been marked present as the Chairman of the PAC -- [Interruption.]
Mr Speaker, aside that, I showed up at the Chamber yesterday. [Laughter.] So, what does it mean when they say that I was not in the Chamber? I came into the Chamber and left -- [Interruption.]
Alhaji Muntaka 10:08 a.m.
Nobody saw you in the Chamber.
Mr Avedzi 10:08 a.m.
You did not see me -- [Laughter.] Do you want witnesses? The witness is myself because I entered into the Chamber. [Laughter.] In fact, Hon Ras Mubarak was also here when I entered.
So, Mr Speaker, the correction should be made. I was present here yesterday, I chaired the PAC and I entered the Chamber.
Thank you.
Mr Speaker 10:08 a.m.
Yes, Hon Yieleh Chireh?
Mr Joseph Y. Chireh 10:08 a.m.
Mr Speaker, I saw him with my naked eyes -- [Laughter.] I removed the spectacles and saw him behind us. So he was in the Chamber -- [Interrup- tion] -- Yes, because I am an old man, I removed my spectacles and I
saw him with my naked eyes. So he entered the Chamber. He knows the rules. He did not stay for long, that I can tell you. Those who were not observant could not have observed that he was present, but I saw him.
Mr Speaker 10:08 a.m.
If Hon Yieleh Chireh vouches that he saw the Hon Member in this Chamber, that should be the end of the matter.
Hon Members, the last time we visited this matter, I asked that the Leaders should confer and bring finality to that matter on committees, signing downstairs, signing upstairs and so on. It is good to let you know that the equipment for clocking-in, which will be in-house only, will soon be ready. So we shall proceed from there.
Yes, Hon Members, page 7 --
rose
Mr Speaker 10:08 a.m.
Yes, Hon Member do you have any correction?
Mr Gyamfi 10:08 a.m.
Yes, Mr Speaker.
Thank you, Mr Speaker. I am also a victim of --
Mr Speaker 10:08 a.m.
And have our condolences. You are welcome back.
Mr Gyamfi 10:08 a.m.
I am grateful, Mr Speaker.

Mr Speaker, I am also a victim of the same circumstance being suffered by --
Mr Speaker 10:08 a.m.
Hon Member, are you going to make a correction or comments?
Mr Gyamfi 10:08 a.m.
Mr Speaker, on page 8, I was present yesterday -- [Interruption.]
An Hon Member 10:08 a.m.
At a committee meeting -- [Laughter.]
Mr Gyamfi 10:08 a.m.
Mr Speaker, as my Hon Colleague has been forgiven for not being in the Chamber, because he was chairing a committee meeting, I also chaired a committee meeting
-- 10:08 a.m.

An Hon Member 10:08 a.m.
No, he was in the Chamber.
Mr Speaker 10:08 a.m.
I heard of your good works over there. We congratulate you. I did not know you had returned so speedily to work. But you also have that compassion time. We were streamlining. Until I hear from the Leaders, we would take it that your committee work, which is captured in the Votes and Proceed- ings should be taken as you having come.
When they have fully advised me on it and we have all taken a firm decision, we will know what to do. So, the corrections should be effected.
rose
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I have been marked absent on page 7. So the appropriate corrections should be effected. [Interruption.]
Mr Speaker 10:08 a.m.
Were you present?
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I have been marked absent. That is my observation, and under the current circumstance and the ruling you have made, that should not be the appropriate place my name should be.
Mr Speaker 10:08 a.m.
In that you were here?
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I am saying that under normal circumstances, my name should not be under “absent”, neither should my name be under “absent with permission”.
Mr Speaker 10:08 a.m.
But what was your state?
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I am supposed to have been appropriately recorded for the records. [Interruption.]
A Member is described as “present”, “absent with permission” and “absent”. I am saying that the “absent” column is not where I belong. That is my contention.
Mr Speaker 10:08 a.m.
But where do you belong?
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I belong to the column that Hon Avedzi rightly made his application to.
Mr Speaker 10:08 a.m.
In that you were in what committee?
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I am not talking about committee issue. He is saying that he was here briefly and Hon Chireh says that he even removed his spectacle and saw him. So, Mr Speaker, although the Minority Chief Whip says he did not see me -- that is the contention and you ruled in his favour --
Mr Speaker 10:08 a.m.
Hon Member, please do not revisit that on which I have ruled. What is your position? Talk about it.
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I am saying that, appropriately, I should be marked present.
Mr Speaker 10:08 a.m.
Because?
Mr Afenyo-Markin 10:08 a.m.
Mr Speaker, I was here far earlier.
Mr Speaker 10:08 a.m.
Hon Member, you are overruled.
Mr Afenyo-Markin 10:08 a.m.
Very well, Mr Speaker.
Mr Speaker 10:08 a.m.
Page 8…10 --
rose
Mr Speaker 10:08 a.m.
Yes, Hon Member.
Mr Anhwere 10:08 a.m.
Mr Speaker, on page 11, yesterday you referred the Budget Performance of the Ministry of Special Development Initiatives to the Committee on Finance but respectfully, I think it should be referred to the Committee on Employment, Social Welfare and State Enterprises.
Mr Speaker 10:08 a.m.
Very well.
The relevant referral is accordingly made to the Committee on Employ- ment, Social Welfare and State Enterprises rather than to the Committee on Finance. That is the correction to be made.
Page 11 …24 --
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Mr Speaker 10:08 a.m.
Yes, Hon Member?
Mr Buah 10:08 a.m.
Mr Speaker, sorry to take you back. Your Energy and Mines Committee met yesterday but it was not captured. So if it could be captured.
Mr Speaker 10:08 a.m.
Which page were you expecting it to be covered under?
Mr Buah 10:08 a.m.
Mr Speaker, I stand corrected. It would be captured later.
Mr Speaker 10:08 a.m.
I want to know where you were expected to be
Mr Buah 10:08 a.m.
Mr Speaker, I think when we passed the committees that sat the previous day, I assumed that the Energy and Mines Committee should have been captured but I have just been told that it would be captured and probably come on the report tomorrow. So, I stand corrected.
Mr Speaker 10:08 a.m.
Table Office should take note.
Page 25 …39 --
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Mr Mubarak 10:08 a.m.
Mr Speaker, on page 38, Hon Alexander Kodwo Kom Abban, Deputy Minister for Health, attended upon the Public Accounts Committee in his capacity as the Deputy Minister and should be captured as same. What is captured here, though a committee member, indicates that he attended in his capacity as a committee member, but he actually appeared “In attendance” and should be rightly captured so.
Thank you, Mr Speaker.
Mr Speaker 10:08 a.m.
Hon Member, is he a member of the Committee?
Mr Mubarak 10:08 a.m.
Yes, Mr Speaker, that is the Public Accounts Committee.
Mr Speaker 10:08 a.m.
So you are withdrawing?
Mr Mubarak 10:08 a.m.
Mr Speaker, my point is that though he is a committee member, yesterday, immediately after he came in attendance to represent the Ministry of Health, he left after he appeared to give witness and should be captured as “In attendance”.
rose
Mr Speaker 10:08 a.m.
Hon Yieleh Chireh?
Mr Chireh 10:08 a.m.
Mr Speaker, I think that so long as we passed a resolution here and the Member is a Member of the Public Accounts Committee, whether he now doubles as the Deputy Minister or not, until we change him from the Public Accounts Committee, he has to be recorded as a Member of that Committee. He would have been doing voluntary work for the Ministry of Health, but as Parliament of Ghana says he is a Member of the Committee, we cannot exclude him just because he has been made a Deputy Minister.
That is why the Majority Side must quickly bring their reconsidered committee Members' list because there are so many Ministers who are still chairing committees at variance with our House. A Minister cannot chair a committee or a Minister cannot be on a committee that oversees his Ministry. So something has to be done quickly and very quickly too.
rose
Mr Speaker 10:28 a.m.
Yes, Hon Member?
Mr Afenyo-Markin 10:28 a.m.
Mr Speaker, I think the issue raised by Hon Ras Mubarak was misconstrued by Hon Yieleh Chireh and in fact, he added his own point which he could have independently raised.
Mr Speaker, an individual attending upon a committee hearing in his capacity as an Hon Deputy Minister is different from the person being an Hon Member of the committee. What I am not too sure about is the submission that Hon Alexander Kodwo Kom Abban left immediately after he sat down for about one or two minutes. Get that one right.
So if, in the strictest sense, he left soon thereafter and did not participate in any committee deliberations, then he is right on that one. However, on this occasion, I think that the Hon Mubarak missed that point; he sat there briefly and therefore, I do not think that we have to waste any more time on this matter. Let us close it and move on.
Mr Avedzi 10:28 a.m.
Mr Speaker, thank you very much.
I am the Hon Chairman of the Public Accounts Committee (PAC). The Hon Member who is also a Member of the Committee and at the same time, the Deputy Minister for Health, led the Medical and Dental Council to appear before the Committee. Immediately after we
were done with the Medical and Dental Council, he came and whispered to me, as the Hon Chairman, that he was leaving to another programme.
Mr Speaker, so on that note, he took permission from the Hon Chairman. The problem we have as a Committee is that, currently, we have five Hon Deputy Ministers on the PAC, and in most cases when ministries appear before the Committee, it is the same Hon Members of the PAC who are also Deputy Ministers who appear before the Committee.
It is a challenge for us as a Committee, so I agree with what Hon Yieleh Chireh says that it is time we looked at which individuals are supposed to be Hon Members of the PAC. When a person is serving in the Executive, does the person at the same time work on the PAC? This is something that we need to critically look at because it does not sound well, that an Hon Member of the Committee should at the same time appear before the Committee as a witness. So this is the situation.
Mr Speaker, the Hon Member attended as a witness or he led the Ministry and after that he asked permission to go for another programme.
Mr Speaker 10:28 a.m.
Thank you very much.
For all intents and purposes, the Hon Member is an Hon Member of the Committee as per our records have of today. So have it properly
  • [No corrections were made to the Official Report of 12 th March, 2019.]
  • Mr Kwasi Ameyaw-Cheremeh 10:28 a.m.
    Mr Speaker, in view of the ongoing ministerial retreat, one of the Hon Deputy Ministers for Energy, Hon William Owuraku Aidoo, is here to
    answer the Questions on behalf of the Minister; if you will so indulge.
    Thank you.
    Mr Speaker 10:28 a.m.
    Thank you very much.
    Any objection?
    Alhaji Mohammed-Mubarak Muntaka 10:28 a.m.
    Mr Speaker, we do not have any objection. We are very much aware of the ministerial retreat.
    Mr Speaker 10:28 a.m.
    Very well. Hon Deputy Minister, you may please take the appropriate seat.
    Hon Member for Nkwanta South, you may please, ask your Question.
    ORAL ANSWERS TO 10:28 a.m.

    QUESTIONS 10:28 a.m.

    MINISTRY OF ENERGY 10:28 a.m.

    Mr Speaker 10:28 a.m.
    Thank you very much. Any follow-up questions?
    Mr Kini 10:28 a.m.
    Mr Speaker, can the Hon Minister give further details on when we should expect the commencement of the next batch of the electrification projects which will capture the rest of the communities?
    Mr Speaker 10:28 a.m.
    Hon Minister, your question, please.
    Mr Aidoo 10:28 a.m.
    Mr Speaker, that will wholly depend on the availability of funds from the Ministry of Finance.
    Mr Kini 10:38 a.m.
    Mr Speaker, thank you for the opportunity.
    Mr Speaker 10:38 a.m.
    Thank you very much.
    The next Question stands in the name of Hon Edward Kaale-ewola Dery, Hon Member for Lambussie Karni Constituency.
    Connection of Hamile/Muoteng, Chetu, et cetera, to the
    National Grid
    Q.551 Mr Edward K. Dery asked the Minister for Energy when the following communities would be connected to the national grid: (i) Hamile/Muoteng (ii) Chetu (iii) Kuutawie (iv) Kokoligu (v) Koro (vi) Piina No. 1 (vii) Kpare Baazu (viii) Karni Danpuo (ix) Chebogo (x) Bognuo (xi) Gyerigan (xii) Nyubule (xiii) Tapuma (xiv) Konsi Dahile (xv) Bu.
    Mr Aidoo 10:38 a.m.
    Mr Speaker, for the records, these contracts were awarded on 26th October, 2016.
    Details of the electrification projects in the above-mentioned communities are as follows:
    Hamile Muoteng: The High Tension (HT) and Low Voltage (LV) networks have been completed. A section of the network has been energised.
    Mr Aidoo 10:38 a.m.


    Chetu: High Tension and Low Voltage networks have been completed. The transformer is ready to be installed.

    Kuntawie: The community is under an existing High Tension network. The Low Voltage network is completed with transformer installed.

    Kokoligu: High Tension and Low Voltage networks have been completed. The next phase of the works is transformer and accessories to be installed.

    Koro: High Tension works are completed. The next phase of the works is low voltage pole planting.

    Pina No.1: The Ministry has supplied and replaced LV substandard poles in the community. Substation works are completed but earthing tests have failed and need improvement.

    Kpare Baazu: High Tension and Low Tension works have been completed. The next phase of the works is transformer and community service materials installation.

    Karni Danpuo: High Tension works are complete. The next phase of the works is low voltage poles planting.

    Chebogo: The Contractor is replacing substandard Low Voltage poles purchased by the Assembly with the new ones supplied by the Ministry of Energy. HT, LV and substation works have been completed and awaiting commissioning.

    Bognuo: 48 no. High Tension poles have been planted and dressed. 100no. Low Voltage poles have also been planted and conductor stringing on- going.

    Tapuma: The Ministry has supplied and replaced LV substandard poles in the community. Substation works are completed but earthing tests have failed and need improvement. 250 no. energy meters have been installed at Tapuma but the community has not yet been commi- ssioned because of the earthing improvement to be done at the substation.

    Konsi Dahile: High Tension, Low Tension and substation works have been completed. The contractor is to correct defects on the substation works.

    Gyerigan: The community does not form part of any of the ongoing projects currently being executed by the Ministry of Energy. It has been noted and would be

    considered in subsequent electrification projects.

    Nyubule: The community does not form part of any of the ongoing projects currently being executed by the Ministry of Energy. It has been noted and would be considered in subsequent electrification projects.

    Bu: The community does not form part of any of the ongoing projects currently being executed by the Ministry of Energy. They have been noted and would be considered in subsequent electrification projects.

    The works in the above-mentioned communities have delayed as a result of shortage of some High Tension and Low Tension materials such as poles, cables and conductors. The Ministry is currently taking delivery of these materials. The materials will subsequently be released to the contractors to complete their works. In our estimation, all the above works should be completed by the close of

    2019.
    Mr E. K. Dery 10:38 a.m.
    Mr Speaker, the Hon Deputy Minister's narrative is factual, except to say that he puts Dahile and Konsi together but that should not be the case.
    Mr Speaker, where he referred to Dahile -- I remember that in 2018, I filed the same Question and he
    promised that he would take Dahile out because the contractor aban- doned the job for over seven years, so the Ministry would re-award Dahile. Mr Speaker, so where his narrative indicates that it would be completed -- it has not been awarded in the first place because the contractor abandoned the job. So in this case, no Answer was provided for Konsi. So, the Hon Deputy Minister should take note.
    My follow-up question is that though he mentioned 2019, I want to find out if he could give an assurance that by the close of the year all these communities would be connected to the national grid. Mr Speaker, indeed, the contractors are working --
    Mr Speaker 10:38 a.m.
    Hon Member, you are making a speech.
    Hon Deputy Minister, when?
    Mr Aidoo 10:38 a.m.
    Mr Speaker, I am sure that you would agree with me, that it is very difficult to give the exact dates that these jobs would be completed, but suffice it to say that we would endeavour to complete the job before the end of the year. We have constraints on materials and as you may be aware, most of the contracts were awarded getting to the end of 2016 and as such we are thinly spread across the country. So getting materials to be everywhere at the same time is a challenge, but we are doing our best to complete these works before the end of 2019.
    Mr E. K. Dery 10:38 a.m.
    Mr Speaker, I am grateful.
    Mr Speaker 10:38 a.m.
    Thank you very much.
    The next Question stands in the name of Hon K. T. Hammond.
    Mr Patrick Bogyako-Saime 10:38 a.m.
    Mr Speaker, thank you for the opportunity.
    Mr Speaker, with your kind permission, may I ask this Question on behalf of Hon K. T. Hammond?
    Mr Speaker 10:38 a.m.
    Very well. You may do so.
    Oil Blocks Awarded Between January 2009 and December 2016
    Q. 573 Mr Patrick Bogyako- Saime (on behalf of) Mr Kobina T. Hammond asked the Minister for Energy how many oil blocks were awarded between January 2009 and December 2016, and how many of them have achieved their initial exploration requirements or discovered any oil, and if not, what steps was the Ministry taking to abrogate those agreements.
    Mr Aidoo 10:38 a.m.
    Mr Speaker, fourteen (14) oil blocks were awarded between January 2009 and December 2016. One was relin- quished (Offshore Accra Contract Area Petroleum Agreement initially operated by Tap-Oil) while five were affected by the International Tribunal of the Law of the Seas (ITLOS) ruling.
    The five Petroleum Agreements affected by the ITLOS ruling include (i) Expanded Shallow Water Tano Block, (ii) Offshore South West Tano Block, (iii) Central Tano Block, (iv) South Deep Water Tano Block and (v) South West Saltpond Block.
    Mr Speaker, these companies have had their initial exploration periods extended to cater for the time lost as a result of the ITLOS ruling. Work programmes are therefore ongoing for most of them in the initial exploration period because of the extensions.
    Mr Speaker, none of the remaining 13 companies has fulfilled its minimum obligations within the initial exploration period and no discoveries have been made. However, they have carried out their obligations to different degrees. Some have reprocessed the existing data, acquired new 3D seismic data and preparing to drill exploratory wells, while others have only reprocessed or still reprocessing the existing data.
    The Ministry of Energy and the Petroleum Commission are reviewing dormant Petroleum Agreements and depending on the outcome, a decision will be made whether to abrogate or not.
    Mr Speaker 10:38 a.m.
    Thank you very much.
    Yes, Hon Member?
    Dr Emmanuel Marfo 10:48 a.m.
    Mr Speaker, in reference to the last paragraph of the Hon Minister's Answer, may I know what time the Ministry anticipates to conclude the review of the dormant Agreement.
    Mr Aidoo 10:48 a.m.
    Mr Speaker, I am not able to give the timeline, suffice it to say that the job of reviewing the Agreement is going on.
    Mr Speaker 10:48 a.m.
    Yes, Hon Member?
    Mr Emmanuel A. Gyamfi 10:48 a.m.
    Mr Speaker, from the Answer given by the Hon Deputy Minister, 14 blocks were awarded. One block was relinquished, and five were affected by the ITLOS ruling.
    I would just want to find out, if the other eight that were not affected by the ITLOS ruling have met their initial work obligations.
    Mr Aidoo 10:48 a.m.
    Mr Speaker, I believe that answer has already been given. Let me quote it:
    “None of the remaining 13 companies has fulfilled its minimum obligations within the initial exploration period and no discoveries have been made. However, they have carried out their obligations to different degrees.”
    Mr Speaker, this is what I said.
    Mr Gyamfi 10:48 a.m.
    Mr Speaker, paragraph 3 of the Hon Deputy
    Minister's Answer says and I beg to quote 10:48 a.m.
    “These companies have had their initial exploration periods extended to cater for the time lost as a result of the ITLOS ruling.”
    Mr Speaker, this was the reason I asked if the oil blocks that were not affected by the ITLOS ruling have had their periods extended.
    Mr Aidoo 10:48 a.m.
    Mr Speaker, the answer is very simple in the sense that they have not actually run out of time. They are still within time.
    Mr Speaker 10:48 a.m.
    Yes, Hon Armah- Kofi Buah?
    Mr Emmanuel Armah-Kofi Buah 10:48 a.m.
    Mr Speaker, in the Hon Deputy Minister's Answer, he stated that the reason five of these companies did not meet their obligations was the ITLOS issue with La Cote d'Iviore, and that they have been given extension to recover.
    Could the Hon Deputy Minister also confirm that within this period, price at the international oil industry tumbled, and so there was low investment across the globe and that affected the other seven?
    Mr Speaker, could the Hon Deputy Minister also confirm that these companies are still within their contract periods, and could discover in the very last year of their contract period?
    Mr Aidoo 10:48 a.m.
    Mr Speaker, con- firmed.
    Mr Speaker 10:48 a.m.
    Yes, Hon Member?
    Mr Ras Mubarak 10:48 a.m.
    Mr Speaker, I am very grateful.
    In paragraph 4 of the Hon Deputy Minister's response, line 3, he indicates that:
    “However, they have carried out their obligations to different degrees.”
    I would like the Hon Deputy Minister to indicate whether the companies have carried out their obligations, and on what basis the Ministry would embark on reviewing the contracts that were awarded to them.
    Mr Aidoo 10:48 a.m.
    Mr Speaker, if the Hon Member would read that sentence again, he would find out that his question has already been answered. I beg to quote:
    “However, they have carried out their obligations to different degrees.”
    Mr Speaker 10:48 a.m.
    Thank you very much, Hon Minister.
    We thank you for attending upon the House and answering our Questions. You are respectfully discharged.
    There being no Statements, I would move to the Commencement of Public Business. Item listed 5 -- Presentation of Papers. Item 5 (a)?
    Mr Ameyaw-Cheremeh 10:48 a.m.
    Mr Speaker, for the same reason I adduced earlier, if the Hon Deputy Minister for Energy could be indulged to lay the Papers on behalf of the Hon Ministers.
    Mr Speaker 10:48 a.m.
    The Hon Deputy Minister for Energy would lay the relevant ministerial Papers for us to make progress.
    Item 5 (a).
    PAPERS 10:48 a.m.

    Mr Speaker 10:58 a.m.
    Hon Members, we would move on to Paper numbered 5(f), by the Hon Chairman of the Committee.
    Mr Ameyaw-Cheremeh 10:58 a.m.
    Mr Speaker, that Report is not ready, so it cannot be laid. We may, therefore, take Paper 5(g), which is by the Committee on Communications.
    Mr Speaker, the Hon Vice Chairman of the Committee, Mr Andrew Kofi Egyapa Mercer, would lay it on behalf of the Hon Chairman of the Committee.
    Mr Speaker 10:58 a.m.
    Very well.
    By the Vice Chairman of the Committee (Mr Andrew K. E. Messer) (on behalf of the Chairman of the Committee) --
    Report of the Committee on Communications on the Convention on Cybercrime (Budapest Conven-tion).
    Mr Speaker 10:58 a.m.
    Hon Members, we would move on to Paper numbered 5(h), by the Hon Chairman of the Committee.
    Mr Ameyaw-Cheremeh 10:58 a.m.
    Mr Speaker, item numbered 5 (h) is also not ready for presentation.
    Mr Ameyaw-Cheremeh 10:58 a.m.
    Mr Speaker, the item listed as 6 is one of the outstanding issues, and it may be stood down for now; but with your permission, we could go ahead to look at the item listed as 8.
    Mr Speaker 10:58 a.m.
    All right. So items numbered 6 and 7 have been put for tomorrow. We would, therefore, take the Motion listed as 8, by the Hon Chairman of the Committee.
    Mr Ameyaw-Cheremeh 10:58 a.m.
    Mr Speaker, with your kind permission, the Hon Vice Chairman of the Committee would move the Motion.
    Mr Speaker 10:58 a.m.
    Yes, Hon Vice Chairman, you may proceed.
    MOTIONS 10:58 a.m.

    Chairman of the Committee) 10:58 a.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Defence and Interior on the Commercial Agree- ment between the Government of the Republic of Ghana (represented by
    the Ministry of Defence) and Poly Changda Overseas Engineering Company Limited and Poly Techno- logies, Inc. of the People's Republic of China for an aggregate amount of one hundred million United States dollars (US$100,000,000.00) for the execution and completion of the Military Housing Project for the Ministry of Defence.
    Mr Speaker, in so doing, I beg to present your Committee's Report.
    Introduction
    On Thursday, 21st March, 2019, the Hon Minister responsible for Defence, Mr Dominic Bingab Aduna Nitiwul, presented to the House the Commercial Agreement between the Government of the Republic of Ghana (Represented by the Ministry of Defence) and Poly Changda Overseas Engineering Company Limited and Poly Technologies, Inc of the People's Republic of China for an aggregate amount of one hundred million United States dollars (US$100,000,000.00) in respect of the execution and completion of the Military Housing Project for the Ministry of Defence.
    Pursuant to article 103 of the 1992 Constitution and Orders 158 and 169 of the Standing Orders of the House, the Agreement was referred to the Committee on Defence and Interior and the Leadership of the Finance Committee for consideration and report.
    Deliberation
    The Committee on Defence and Interior and the Leadership of the Finance Committee (hereinafter referred to as “the Committee”) subsequently met and deliberated on the Agreement with the Minister for Defence, Hon Dominic Bingab Aduna Nitiwul, Deputy Minister for Defence, Hon Major Derek Oduro (Rtd) as well as officials from the Ministry of Defence and the Ghana Armed Forces.
    The Committee is grateful to the Hon Minister for Defence, his Hon Deputy and officials for attending upon the Committee.
    The Committee hereby submits this Report to the House, pursuant to Order 161(1) of the Standing Orders of the House.
    References
    The Committee referred to and was guided by the following documents inter alia during its deliberations on the Agreement:
    i. The 1992 Constitution
    ii. The Standing Orders
    iii. The Public Financial Management Act, 2016 (Act
    921)
    Background
    Presently, the Ghana Armed Forces (GAF) faces acute accommo- dation problems for its men, women and service officers. Government, as part of its programme, planned to ensure that the Ghana Armed Forces is adequately provided with newly constructed accommodation and to rehabilitate the existing dilapidated ones.
    In June 2017, the President cut the sod for the construction of a four (4) housing unit for the GAF, while work on 20 blocks of flats commenced in Tamale from the Internally Generated Funds (IGF) of the GAF.
    Since new officers are being enlisted and other ranks recruited every year, there is a situation where senior officers, including Majors and Lieutenant Colonels, live in single rooms originally designed for young and unmarried officers until they are reassigned bigger accommodation units.
    In view of these accommodation challenges facing the Forces, the Government formulated this Project to address the challenges.
    Furthermore, the Consortium of Poly Technologies Inc. and Poly Changda Overseas Engineering Company Limited Group has been working with the GAF for the past 15 years to successfully undertake various projects such as the following:

    i.The construction of Aircraft Hangers at the Tamale and Takoradi Air Force Bases.

    ii. The construction of the Ghana Armed Forces Integrity Savings and Loans Company Office.

    iii. The construction of accom- modation for troops; and

    iv. The construction of the new Military Cemetery at Burma Camp, among others.

    Object of the Project

    The objective of the Project is to help provide the GAF with decent and modern accommodation to enable them to perform their core function of defending the territorial integrity of Ghana.

    Approval of the Financing Agree- ment

    On 27th March, 2019, Parliament approved the Seller 's Credit/ Financing Agreement between the Government of the Republic of Ghana and Poly Changda Overseas Engineering Company Limited of the People's Republic of China for an aggregate amount of US$100,000,000.00 to finance the execution and comple- tion of the Military Housing Project for the Ministry of Defence in accordance with article 181 of the 1992 Constitution.
    Chairman of the Committee) 10:58 a.m.


    Local Content

    The Committee observed that per clause 4.1 of the Agreement, at least, 20 per cent of the project is required to be sub-contracted to local contractors. The said clause stipulates that:

    “the contractor shall sub- contract up to 20 million US Dollars of contract works to qualified subcontractors to be nominated by the Employer and certified by the Con- tractor”.

    The Minister for Defence assured the Committee that Cabinet has directed that the provision with respect to the 20 per cent should be strictly complied with as the minimum local content level and that where there are opportunities for further local participation, the contractor would be encouraged to explore same. He further explained that apart from the 20 per cent which will be directly given to local sub-contractors, most of the construction materials such as sand, stones, timber, labour, et cetera would also be sourced domestically.

    Waiver of Taxes and Duties

    The Committee noted that clause 14.1 of the Agreement provides that:

    “the contract price is one hundred million United States dollars only US$100,000,000.00 excluding taxes and duties. The contract price shall remain fixed for the construction period.

    The Committee reiterated an advice to the Ministry of Finance to endeavour to bring a formal request for the waiver of the necessary taxes and duties to Parliament for consideration and approval in time to enable the Project to be executed without delay.

    Wrong classification of Dormi- tories

    The Committee noted that in the Ministerial Memorandum to Parlia- ment, the facilities to be constructed in Tamale and Sunyani have been inadvertently described as “dormi- tories”. The Committee's perusal of the technical details and drawings showed that they are not “dormitories” but two-bed flats with each having its own sitting room, kitchen, toilet and bathroom.

    Officials from the Ministry of Defence explained that apparently, “dormitory” had been used due to the design of the flats which makes it possible for the partitioning to be knocked down to convert them to dormitories when the need arise.

    The Committee, therefore, directed the Ministry to reclassify the facility as Soldiers' two-bedroom half compound house.

    Anticipated Variations

    The Committee enquired whether the Ministry of Defence contemplated

    making variations to the contract and the project designs. The Committee was informed that the sub-structure designs could be varied based on the type of soil and other unforeseen conditions at each site of the project. Given, however, that the project designs had been based on the worst- case scenario of the sites, the Ministry does not anticipate any significant variations to the sub-structure designs. They were emphatic that there would be no variation of the superstructure designs.

    Conclusion

    The Committee has thoroughly examined the Commercial Agreement and is of the considered view that the Agreement and the accompanying technical specifications and designs of the Project are suitable to the needs of the Ghana Armed Forces.

    Accordingly, the Committee recommends to the House to adopt its Report and approve by Resolution, the Commercial Agreement between the Government of the Republic of Ghana (Represented by the Ministry of Defence) and Poly Changda Overseas Engineering Company Limited and Poly Technologies, Inc of the People's Republic of China for an aggregate amount of USS 100,000,000.00 in respect of the execution and completion of the Military Housing Project for the Ministry of Defence in accordance with article 181(5) of the 1992 Constitution.

    Respectfully submitted.
    Mr Speaker 10:58 a.m.
    Thank you very much, Hon Member.
    Mr James Agalga (NDC -- Builsa North) 10:58 a.m.
    Mr Speaker, I beg to second the Motion ably moved by the Vice Chairman of the Committee. In doing so, I would like to make some preliminary remarks with regard to the title to the Report, which reads as follows:
    “Report of the Committee on Defence and Interior acting together with the leadership of the Finance Committee…”
    Mr Speaker, even though a referral was made by your good self, which required that the Committee on Defence and Interior meet with the leadership of the Finance Committee to deal with this subject matter, unfortunately, when the Committee scheduled a date to meet with the Ministry of Defence, the leadership of the Finance Committee was not in attendance.
    Mr Speaker, it is therefore my humble view that this Report is the sole Report of the Committee for Defence and Interior. It is not the Committee of Defence and Interior acting together with the leadership of the Finance Committee. We need to straighten the records because this is supposed to be captured in our Hansard, and this was the true state of affairs when we met at the level of the Committee.
    Mr James Agalga (NDC -- Builsa North) 11:08 a.m.


    Mr Speaker, having made these preliminary remarks, one of the issues that bedevil the Ghana Armed Forces is the acute accommodation problems. There is no gainsaying the fact that officers and men of our Armed Forces cannot have decent accommodation dampens their morale.

    Mr Speaker, in the past, several attempts were made by previous Administrations to deal with the accommodation challenges that bedevil our Armed Forces.

    Mr Speaker, I recall that in 2015 and 2016, for the first time in the history of the Ghana Armed Forces, the Navy was handed a barracks and this was duly inaugurated by H. E. President Mahama.

    Mr Speaker, the accommodation challenges that confront the Ghana Armed Forces have even been compounded in recent times with the passage of the Armed Forces (Amendment) Regulations, 2018, which has now extended the service period of the other ranks from 25 to 30 years.

    Mr Speaker, when this Constitu- tional Instrument (C.I.) was about to be passed, I raised the issue that there needed to be a corresponding increase in infrastructure. That notwithstanding, the Constitutional Instrument (C. I.) was passed. It means that the size of our Armed Forces would expand. That is the natural consequence of the passage

    of C. I. 108 at a time when we had not put in place measures to deal with the accommodation challenges confronted by the Ghana Armed Forces.

    Mr Speaker, in my view, the loan facility of US$100 million is a move that is commendable. Having said so, I would like to now proceed and interrogate certain provisions in the Commercial Agreement that came to the notice of the Committee when we met with the Ministry of Defence.

    First of all, in the Commercial Agreement, there is local content such that, at least, 20 per cent of the project is required to be subcontracted to local contractors. Mr Speaker, this clause in the Commercial Agreement, ordinarily, should be commended by all because it creates an opportunity for local contractors to be given the opportunity to partake in the project and thereby, create employment for Ghanaians.

    However, the problem with this arrangement is that the power has been given to the employer, the Ministry of Defence, to subcontract 20 per cent of the contract sum to local contractors with the certification of the contractor.

    Mr Speaker, if care is not taken, this arrangement could be opened to abuse, and that has been my worry all along. The employer should be given the opportunity to subcontract 20 per cent of works to local contractors. When they have done that, the onus then falls on the contractor to do the certification.

    Mr Speaker, who are the contractors that the employer, the Ministry of Defence, would sub- contract? What are the procedures that would guide the processes leading to the award of those subcontracts by the employer? These are questions that beg for answers that did not in any way find expression in the Commercial Agreement.

    Inasmuch as I support the arrange- ment as it gives us the opportunity to create employment for local contractors, if care is not taken, the procurement processes could lead to abuses. In the final analysis, if we do not take care, we would not have value for money. This is a fundamental issue that needs to be addressed, moving forward.
    Mr Speaker 11:08 a.m.
    Hon Member, be winding up.
    Mr Agalga 11:08 a.m.
    Mr Speaker, one other issue that came up for consideration was the classification of some of the projects that are supposed to be executed as dormitories. The Committee clearly came to the conclusion that in this time and age, it is inappropriate for dormitories to be constructed for our noble Armed Forces.
    We all know dormitories are for students. The Ghana Armed Forces is not made up of students. It is made up of men and women, some of whom are married. So, if all we seek to do is to construct dormitories for them,
    it simply means that we do not take our Armed Forces seriously.
    Mr Speaker, with the intervention of the Committee, some corrections were made. The fact remains that when an object assumes the characteristics --
    rose
    Mr Speaker 11:08 a.m.
    Yes, Hon Member?
    Mr Amankwah 11:08 a.m.
    Mr Speaker, my Hon Ranking Member just asked why we are putting up dormitories for the Ghana Armed Forces. Respectfully, that is not the case. When we go through the Report, in paragraph 7.8, it states:
    “Wrong classification of Dormitories. The Committee noted that in the Ministerial Memorandum to Parliament, facilities to be constructed in Tamale and Sunyani had been inadvertently described as “dormitories”. The Committee's perusal of the technical details and drawings showed that they are not “dormitories” but two- bed flats with each having its own sitting room, kitchen, toilet and bathroom.”
    An Hon Member 11:08 a.m.
    Was he at the meeting?
    Mr Amankwah 11:08 a.m.
    Yes, he was at the meeting.
    Mr Agalga 11:08 a.m.
    Mr Speaker, the Hon Vice Chairman did not pay attention to my submission. If he did, he would not have interrupted me in this manner.

    I then proceeded to build on that --
    Mr Speaker 11:08 a.m.
    Hon Member, where does “dormitories” appear in this Report?
    Mr Agalga 11:08 a.m.
    Mr Speaker, it is in paragraph 7.8. It says:
    “Wrong classification of Dormitories:
    The Committee noted that in the Ministerial Memorandum to Parliament, the facilities to be constructed in Tamale and Sunyani have been inadvertently described as “dormitories”.
    Mr Speaker 11:08 a.m.
    Hon Member, what is inadvertent, wrong and improper is not quintessence of the Report, so why do you want to go into negativity? The essence of the Report is something else, so if there was a discussion on that which should not have been the conception, that is not the essence of the Report.
    Please conclude.
    11. 18 a. m.
    Mr Agalga 11:08 a.m.
    Mr Speaker, one other important issue that came up for our consideration, which is worth --
    Mr Speaker 11:08 a.m.
    What you said earlier is not an important aspect of the matter. [Laughter.] So it is not one other important aspect you would talk about. In fact, it is expunged.
    Mr Agalga 11:08 a.m.
    Mr Speaker, an important aspect that is worth considering in this debate is the fact that the “two-bed flats' which are not flats and are therefore not storeys, have been assigned to Tamale and Sunyani in circumstances that are not justifiable.
    Mr Speaker, the explanation rendered for the assignment of those facilities exclusively to Tamale and Sunyani was that, there is abundance of land in Tamale and Sunyani and that when those types of buildings which look like ‘dormitories' but are not dormitories are put up in those locations —
    Mr Speaker 11:08 a.m.
    Hon Member, there is no reference to what looks like dormitories and which is not in this Report. I have the Report right here.
    Hon Member, you see, do not call a dog a bad name and hang it. I have the Report in front of me.
    Mr Agalga 11:08 a.m.
    Mr Speaker, I withdraw “dormitories”. The bedroom facilities that are not storey buildings have been assigned to Sunyani and Tamale. The justification
    for the allocation of those facilities to them is that, land is in abundance in those two locations; when they put up those structures there, they are able to best protect lands that belong to the Ghana Armed Forces.
    Mr Speaker, in the past, we have had the occasion to construct accommodation units for our Armed Forces across board, and these were flats in Accra, Sekondi, Takoradi and wherever the Ghana Armed Forces have presence. So it appears that certain —
    Mr Speaker 11:08 a.m.
    Please, do not tell us what appeared; tell us what is real.
    Hon Member, this is a serious House of debate; let us not talk about perceptions because if we talk about perceptions, we would be specula- ting. Let us be factual.
    Thank you very much for your contribution.
    Hon Members —
    Mr Agalga 11:08 a.m.
    Mr Speaker, with your kind permission, could I conclude? I have not concluded.
    Mr Speaker 11:08 a.m.
    Then I would give you a minute to conclude, but please use that on the reality of the Report and not perception. It is not fair.
    Mr Agalga 11:08 a.m.
    Very well.
    Mr Speaker, my concluding remark is that the allocation of two- bedroom accommodation units that are not storey buildings to Sunyani
    and Tamale is inappropriate because the officers and men in Tamale also deserve to have flats.
    Thank you very much, Mr Speaker.
    Mr Speaker 11:08 a.m.
    Thank you very much.
    This is a very worthy and serious proposition for our Armed Forces, and I would like us to handle it with the circumspection, at least, that it deserves.
    Question proposed.
    Mr Kwame Govers Agbodza (NDC -- Adaklu) 11:08 a.m.
    Mr Speaker, I thank you for the opportunity to contribute to the Motion requesting this House to approve the sum of US$100,000,000.00 for various accommodation types for the Ghana Armed Forces.
    Mr Speaker, it is true that if we ever visit our barracks and military installations, we would understand that we need to do more to enhance the quality of life of the people who serve this country day and night to protect all of us.
    Mr Speaker, my first comment is that the Report talks about military housing, but I draw the attention of the Hon Chairman that they are not only doing housing. They are also constructing classrooms and other halls. When we say ‘housing', it is just accommodation. They are not only residential accommodation; they are also doing some other facilities.
    Mr Kwame Govers Agbodza (NDC -- Adaklu) 11:08 a.m.


    Mr Speaker, this is a Commercial Agreement, so I would restrict myself to that. I believe this project, when done, would go a long way to improve the quality of lives at our military installations, and also give the needed respect to our men and women in uniforms.

    Mr Speaker, if we look at your Committee's Report, two things are missing; perhaps, they provided that information but the Report did not capture.

    Mr Speaker, this House always takes note of the fact that when we do projects that are suppliers credit contract, indeed, it basically means that the developer does not need to have all the details of the project; final design and everything. So we always ensure that there is a clause in the Agreement that talks of value for money. Whenever we have suppliers credit contract, value for money must be condition precedent as part of the the Government's Agreement.

    Mr Speaker, I have not seen it in any part of the Report, that as a condition precedent, the developer or the Government is required to carry out value-for-money audit to authenticate the rates in this document. I find this to be an anomaly and a serious omission. If the Hon Chairman could tell us whether there is a clause in the Agreement like that, it would suffice; but if it is not, I think this House must take note and ensure that it is part of it.

    Mr Speaker, you would notice that not too long ago, an Agreement was brought to this House, which was the Sinohydro Agreement. Your Committee on Roads and Transport pointed out that for the first time when we would spend over US$500,-000,000.00, value for money was not part of that Agreement. Today, we are aware thjat the Sinohydro project is about to take off; yet, we are not aware whether value-for-money audit has been carried out. I do not think this House ever approves an Agreement on condition that the developer could go and do whatever he or she likes.

    I think the first way to ensure value money for this country is to ensure it is written into law, so we could use it as a quality control measure to determine that it is done. I make that as a significant point for the Ministry to take note if they want to—

    Mr Speaker, if we read your Committee's Report on another matter, I did not see anything in the Report that talks about the legal opinion of the Hon Attorney-General and Minister for Justice about this contract. The same way, the US$500,000,000.00 Sinohydro Agreement came to this House and we queried the fact that there was no legal opinion of the Hon Attorney- General. We were told it would be brought to this House.

    As we speak, we are being told that tomorrow, there would be a sod- cutting ceremony for the Sinohydro Project. The legal opinion is not here; the value-for-money audit is not here.

    Mr Speaker, this House cannot be seen to approve Agreements without these critical ingredients when it comes to procurement contracts.

    Mr Speaker, column 7.9 -- Antici- pated variation. I would draw the attention of the Hon Chairman that when we talk about variation in contracts, significantly, it is not about a path foundation changed into street foundation. Variations that are significant would have a bearing on the cost of the project.

    This project is a fixed sum contract so if we write anything here that suggests that we agree on variation, that would be an anomaly. Fixed sum contracts are fixed sum contracts; one is not allowed to increase the cost of the project. The cost at the end of the project could reduce but not to increase. So we do not expect US$1.00 extra to be spent on this project; for that matter, we must re- consider the “Anticipated Variations”.

    When we say variation, we are only talking about what happens on site, which is not significant enough to come under discussion at the Committee level.

    Mr Speaker, the last point I would like to make here is about an item; “Source of the project fund”. We are told in paragraph 7.5 that Govern- ment is providing absolutely no money for this project.

    Mr Speaker, I also would like us to consider this. Whenever Govern- ment provides land, in fact, in Accra, perhaps, a third of the value of a house or a property in Accra could be the cost of the land. So when we are engage in procurement of landed property and we say the Government is not providing anything, are we really being truthful? If the land belongs to the Government and somebody brings US$100,000,000.00 by the end of the project, the buildings are not US$100,000,000.00 any longer; they are US$100,000,000.00 plus the land and other things that the Government provides.

    We think that should be captured appropriately so that it does not appear as if Government's hands are tied at the back. Indeed, the lands on which the projects would be built are Government properties, so that is the Government's contribution to this project.

    Mr Speaker, with these few words, I believe this is a very worthy project. I would like to see more of these done for the Ghana Armed Forces so that when we sleep, we know that those men and women who keep wake to make sure we are safe do not feel bad.

    Mr Speaker, as a national service person after sixth form, I served at the Ho Barracks. Where the men and women stay is not the best.

    I actually attributed that to the non- performance of some of the children I taught at the primary school. The fact
    Mr Kwame Govers Agbodza (NDC -- Adaklu) 11:08 a.m.


    Mr Speaker, so I am sure that when we provide decent accommo- dation for the military --
    Mr Speaker 11:28 a.m.
    Hon Member, you are speculating --
    Mr Agbodza 11:28 a.m.
    Exactly so, Mr Speaker. [Laughter.]
    Mr Speaker, when we provide decent accommodation to the men and women of the Ghana Armed Forces, we are actually saving ourselves much trouble. I think this whole House must support this project and should even do more for the Ghana Armed Forces.
    Mr Speaker 11:28 a.m.
    Hon Member, thank you for a worthwhile contribution.
    Hon Sabi?
    Mr William K. Sabi (NPP -- Dormaa East) 11:28 a.m.
    Mr Speaker, I thank you for the opportunity.
    Mr Speaker, I would want to commend your Committee for doing such a good work and giving us a Report of this nature. In doing so, I crave your indulgence to refer to the Objective of the project. It reads:
    “The objective of the Project is to help provide the GAF with decent and modern accommo- dation to enable them to perform their core function of defending the territorial integrity of Ghana.”
    Mr Speaker, if this is the Objective, some of the details of concerns having been raised by my Hon Colleagues at the other Side may not readily be very relevant to what we are talking about.
    Mr Speaker, imagine the observa- tions that were made by the Committee, that very senior officers like majors and lieutenant colonels live in single rooms. We all know that by the time one rises to this level, he is the kind of person who may have a family. As the Hon Agbodza just mentioned, the issue of privacy becomes an issue, not to even talk about comfortability.
    Mr Speaker, I would want to assure Hon Agalga that what he said, that the practice of reserving some aspects of projects like this for local content is usual and even commen- dable, because this is the time we also allow our local contractors and technical people to also practice and make their input into a design of a project. What is important in this case would be the measures put in place
    to ensure that the standards and qualities that we expect, if it had been given to a foreign contractor, would actually be realised. I think the Ministry is in good state to actually put that into place.
    Mr Speaker, I believe the issue of dormitories has been cleared but the fact that from Hon Agalga's submission he tried to state that giving such kind of accommodation to Tamale and Sunyani seems like there is some form of inferiority in the design, I would want to assure him that that is not the case.
    In actual fact, having flats in a storey, you do not have much privacy and much space as somebody who has flats in a non-storey. Those on the ground have compounds and they can have flower gardens and even have more freedom than those who are living in the storey flats. So as a country, it is good for us to make use of resources wherever we have them in a space. We know that a storey is more expensive than a single flat and if we have land available, we have to make good use of that space and I think that is good.
    Mr Speaker, another thing I would want to talk about is the fact that this time around, we have different types of accommodation unlike the situation where they have been using single rooms. Apart from the flats, they also have other facilities like training rooms or classroom blocks to support their activities and I think that is also very good, that within the barracks, they
    have such kind of facilities for continuous training. They need to sharpen their skills and modernise whatever they do and in doing so, they need these kinds of facilities to use.
    So, I believe it is a very good Agreement and I would want to commend the Government of Ghana for thinking about our Armed Forces and putting this in place for them to make them feel comfortable.
    Mr Speaker, with these few words, I thank you for the opportunity.
    Dr Zanetor Agyeman-Rawlings (NDC -- Klottey Korle) 11:28 a.m.
    Mr Speaker, I thank you for the opportunity to contribute to the Motion on the Report of the Committee on Defence and Interior on the Commercial Agreement on the execution and completion of the Military Housing Project for the Ministry of Defence.
    Mr Speaker, there is no question that the provision of adequate and suitable accommodation for our Armed Forces would be a morale booster. But the fact that men and women of the Ghana Armed Forces have the opportunity to all reside within the same premises also means that in the event of the necessary deployment, the time lapse between the information being sent out and their deployment would be greatly shortened as opposed to what we have at the moment.
    Mr Speaker, it is encouraging that the housing projects, some of which
    Dr Zanetor Agyeman-Rawlings (NDC -- Klottey Korle) 11:28 a.m.


    were started under the National Democratic Congress (NDC) Admi- nistration are being continued now under the New Patriotic Party (NPP) Administration. This is the kind of continuity we expect as a country.

    Mr Speaker, given the fact that Ghana has ratified many protocols and amendments on the state of the environment and on climate change, I found it rather unfortunate that no green or eco-friendly technology found expression in the design of these houses. The project on accommoda- tion is quite extensive and it is across the length and breadth of this country and it would have been encouraging to see the use of solar panels in the building and other eco-friendly technology.

    I hope that given that we are currently looking to approve this amount, further looks would be taken into the technology that is to be used to ensure that as per the Government's policy, State-owned and other buildings that belong to the State would be eco-friendly.

    Mr Speaker, nonetheless, I believe this is a very good project because it will be of help to our Armed Forces. It is certainly my hope that the highest levels of maintenance with regard to the accommodation would be adhered to. The military has a long standing history of good maintenance when it comes to their equipment, and we certainly hope that this would find expression in the maintenance of these buildings.

    Mr Speaker, this is a good project and one hopes that, as my Hon Colleague mentioned, we are talking about value for money. In talking about value for money, we should ensure that the highest quality of product is used as well as the best workmanship. We have many good artisans and engineers in this country and one hopes that the issue of local content would not be one of favouritism but of qualification of people who have the necessary pre- requisite and expertise would be employed under the project that is yet to be undertaken.

    Mr Speaker, I do add my voice to the Motion that the amount be approved for this project.
    Dr Bernard O. Boye (NPP -- Ledzokuku) 11:38 a.m.
    Mr Speaker, I am most grateful.
    Mr Speaker, I occupy a very unique position. I have about four units of the Ghana Armed Forces in my constituency -- Ledzokuku. The Ghana Armed Forces is in my constituency; the Military Training Academy and Training School, Field Engineers Regiment as well as the Southern Command are all in the Ledzokuku Constituency.
    Mr Speaker, I am very glad that we have such a project that is going to deliver housing to the military. We have a few agencies or bodies within the public sector that usually do not
    complain. When they have issues, they are quiet and it is in the interest of any government to make sure that we are proactive and attend to their issues.
    Mr Speaker, I attended basic school in the barracks -- Field Engineers Regiment and my mother worked with the GAF for 33 years. Honestly, I am a beneficiary of the GAF which is one of the bodies that I am very much interested in.
    Mr Speaker, going through the Report, I realised that in paragraph 7.2 (viii), there is going to be “A Fence Wall around the entire perimeter of the Ghana Military Academy at Teshie in Accra.” It is my hope that the wall is only going to be a physical barrier and not a social barrier. The military has key partners in civilians and we have always lived as a family. I go to the Military Training School to play basketball and sometimes soccer; we live with them and we are with them all the time.

    If this wall should come up, it is my hope that that social arrangement would continue to exist, so that they can continuously receive that support from the community.

    Mr Speaker, a project worth US$100 million would obviously have impact on other sectors; construction, production, jobs and lots of other opportunities. This is good news for the country. I am happy that my Hon

    Colleague, Dr Zanetor, said that this is a good project. Obviously, a good project should come from a good Government and it is refreshing to hear that.

    Mr Speaker, the monitoring and evaluation aspect of this project is very important. More often than not, we pass and agree to arrangements here and when we go down the line, the projects hang and we are given all kinds of excuses. It is my prayer that the Hon Minister for Monitoring and Evaluation and all those involved and the Policy, Planning, Monitoring and Evaluation (PPME) unit of the military would ensure that this project is built according to schedule so that we can have the desired impact out of the project.

    Mr Speaker, I have realised that we assume that we would have individuals in the army who are not married and those without children, so in designing projects, we have one and two bedroom housing. When we put people who are not married in a single room and they get married, because of lack of flexibility to move them to other units, such family now try to turn a single bedroom into a double or three bedrooms. We have families occupying the wrong structures.

    Going forward, I believe we would have to ensure that we have a standard. Any individual who is not married would get married along the way. Why do we not have a standard by building all two or three bedroom flats? It is better to have three bedroom flats which are smaller than
    Dr Bernard O. Boye (NPP -- Ledzokuku) 11:38 a.m.


    to have a big one bedroom structure for an individual to convert it into a family setting.

    Mr Speaker, the strength of every army is not in the size of their arsenals; it is in the unity and unique chemistry that exist between them, and we find that only in the barracks. The more housing we add, the more we bring them together and the safer we could be as a country.

    Mr Speaker, I commend your Committee, the Ministry and the Government for this project. The army wants more action and less talk. I am happy that there is action now when it comes to this project.

    I am most grateful for the opportunity.
    Mr Emmanuel K. Bedzrah (NDC -- Ho West) 11:38 a.m.
    Mr Speaker, I thank you for the opportunity. I also rise in support of the Motion that this House approves the Commercial Agreement, as ably moved by the Hon Vice Chairman of your Committee.
    Mr Speaker, I have few observa- tions on this project and kindly permit me to read. The first one has to do with the last line of paragraph 7.2 of your Committee's Report. It reads and with your permission, I quote:
    “A detailed breakdown and the summary price for the project is attached as an Appendix.”
    Mr Speaker, there is no attached appendix to this Report. I expected that the detailed pricing could be attached as an appendix. I do not have it and I do not think any of my Hon Colleagues has it.
    Mr Speaker, when we debated the approval of the financial aspect, the Hon First Deputy Speaker, with the application from the Hon Majority Leader, requested that the Committee on Works and Housing should form part of the discussion of the Commer-cial Agreement. Unfortunately, it did not find expression in the Report and we were not invited.
    Mr Speaker, I have gone through the Commercial Agreement and I have seen few items that if the Committee on Works and Housing were involved, they would have pointed out.
    Mr Speaker, if we look at the Commercial Agreement, the clause 14(9) which talks about payment of retention. It reads and with your permission, I quote:
    “14.9 Payment of Retention Money
    Subclause 14.9 is deleted and shall not be applicable”
    Mr Speaker, I shudder to say that in every construction, a certain amount is retained because if the property, building or road has been constructed, after a period of time, if there are no cracks or defects, then the retention is released. We agree that it is an Engineering, Procurement
    and Construction (EPC) contract, but, Government of Ghana would eventually pay for this. What about if the contractor finishes the work and leaves the site and Ghana and there are defects on the project; who takes care of those defects?
    Mr Speaker, that is why I made the application that the Committee on Works and Housing should be part of this to scrutinise the Commercial Agreement. Now, there is no defect liability and retention, and therefore, the contractor could do the work, however shoddy, go away and when there are defects, nobody takes care of that. That is the first anomaly I have seen about this.
    Mr Speaker, the other one has to do with the fact that the contract is a fee sum contract, and as my Hon Colleague, Hon Kwame Agbodza, an architect, has mentioned, it is a fixed sum contract and with every fixed sum contract, there would not be any valuation.
    rose
    Mr Speaker 11:38 a.m.
    Hon Vice Chair- person, do you rise on a point of correction or order?
    Mr Amankwah 11:38 a.m.
    Mr Speaker, I thank you. I am surprised at the comments from my Hon senior Colleague because --
    Mr Speaker 11:38 a.m.
    Is it the entire comment?
    Mr Amankwah 11:38 a.m.
    Mr Speaker, he should provide us with the source of his information because per the Agreement --
    Mr Speaker 11:38 a.m.
    Hon Member, are you talking about the entirety of his submission? [Interruption.] Then, please, you would have to, first, state what you are up against.
    Mr Amankwah 11:38 a.m.
    Mr Speaker, he has made reference to a document which is not available as we speak. So, I expected him to quote the documents he has made reference to.
    Mr Speaker 11:38 a.m.
    Hon Member, which documents?
    Mr Amankwah 11:38 a.m.
    Mr Speaker, he sought to create an impression that there was no value for money, and as far as this particular project is concerned -- [Uproar.]
    Mr Speaker 11:38 a.m.
    Hon Member, value for money was canvassed long ago.
    Hon Bedzrah, please continue.
    Mr Bedzrah 11:38 a.m.
    Mr Speaker, I thank you and to educate my Hon junior Colleague, since he says I am his senior Colleague, this is the Commercial Agreement which was presented to this House. I have a copy. As an Hon Vice Chairman to the Defence and the Interior Committee, he is supposed to have this Agreement.
    Mr Speaker, if we look at clause 14 (2), it talks about retention. It states, and with your permission, I quote:
    Mr Bedzrah 11:48 a.m.


    “14.1 …The Contract Price of one hundred million United States dollars only (US$100,- 000,000.00) …The Contract Price shall remain fixed for the Construction Period”

    There is no advance payment and retention is not applicable.

    The contract is a fixed sum contract and I expected that we would have at least measured quantities in the Bill of Quantities (BOQ). I have gone through the BOQ which is a Commercial Agreement with the Ministry of Defence and have noted that we have just the unit price which was quoted for the external works.

    Mr Speaker, but the summary which has the major summary of the contract has external works of a provisional sum of US$9.3 million. If we have a fixed sum contract, we need to give an indication of a quantity. Where did we get the US$9.3 million from if at the external works, we only have the unit prices without quantities? I was, therefore, wondering where we got the quantities from to arrive at US$9.3 million in the contract.

    Mr Speaker, these are issues that we need to interrogate and get further clarifications. I expected that the Committee on Works and Housing could be involved in that.

    Mr Speaker, the final one has to do with the sole sourcing. Yes, I agreed as we debated the financial

    agreement that with the sole sourcing, there should be a condition precedent that there would be value for money. We did not get that value for money -- I would not go there, but if we look at the contract that our Colleagues with fifteen years' experience in Ghana are supposed to do and with the projects that they have executed, they are no where near the value and volume of the work they are supposed to do.

    Mr Speaker, I mentioned value and volume. If we look at the volume of work that they are supposed to do, they are supposed to construct 160 blocks of flats, one contractor, and they are taking only 20 per cent of local contractors to support them. 160 blocks of flats is not just one unit of flat. In addition, they have 11 blocks of flats - one, two-storey buildings. So the volume of work to be done by one company, if there had been proper value for money, if there had been other issues regarding the sole- sourcing, we would have received better value than what we have.

    Mr Speaker, with these few words, I support the Motion, because I am also a barracks boy and I would want my colleagues to continue to enjoy their stay in the barracks and defend the nation.

    Thank you, Mr Speaker.
    Mr Speaker 11:48 a.m.
    Last contribution on the Majority Side and then Leadership.
    Yes, Hon Member.
    Mr Speaker 11:48 a.m.


    security architecture, it is not investment into an NDC or an NPP military. It is an investment into a State military. It is an investment in the best interest of the nation and State, Ghana, for which I would be pleased, that when it comes to such investments, unanimously, both Sides of the aisle, without polarisation would have to strongly rise in support of such investments, and even join advocacy in further investment being allocated to this resource.

    Mr Speaker, I am keen to know that the US$100 million facility that is allocated for accommodation, extends beyond 336 accommodation units for our military. It eminently captures support infrastructure that would aid the military service in their administration.

    There are very important infrastructure in addition to the 336 accommodation units such as: two- storey building Military Academy Classroom Block, Military Academy Administration Office Block with 48 offices and conference rooms, one Military Academy hostel with 240 self- contained rooms, one military auditorium seating 640 people, one platoon commanders' block containing four two-bed room flats per floor, and ultimately, as our men and women are seeking the protection of our territorial borders, the units where they are housed also deserve protection, for which a fence wall around the entire perimeter of the Ghana Military Academy at Teshie in Accra, will also receive such investment.

    Mr Speaker, I would want to touch on the precursory review of the allocation of the resource, and the enormous infrastructure that the investment would tackle. I would conclude, that even without further and very technical detail and apprising of the application of the resource, considering the 336 units and all the very important supporting infrastruc- ture that I have mentioned, I can draw the conclusion that value for money consideration was indeed done.

    In the execution of the contract, we would expect that other very important concerns that have come from experts' view, that is, effect liability and other such considerations that would have to be looked at and focused on in the best interest of utilisation of the facility would be looked at. We would have to concern ourselves with them and encourage the Committee that would be supervising such utilisation to also be concerned about them.

    Mr Speaker, with these few words, I commend the Committee and the House of this very important investment.

    Thank you.
    Mr Speaker 11:48 a.m.
    Yes, Minority Leadership?
    Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 11:58 a.m.
    Mr Speaker, I rise to speak to the Motion before us and to say that it is a very important investment in our country. As the saying goes, “It is better late than never.”
    Mr Speaker, I would want to urge that, as a House, we need to take interest in the housing of our gallant men and women. We do not have to wait for a very long period and come with one chunk of investment. Sometimes, on the face value of it -- for instance, US$100 million looks huge -- but if we look at the challenges that our gallant men and women have been going through, we would realise that after the construction, it would not adequately house all of them.
    I believe that, as a House, if we put pressure on our budget and try to do it consistently, in much smaller units over a period, it would give us more housing units for our gallant men and women than to just wait for a longer period and come with some huge sums of money. Everybody then thinks that once US$100 million has gone there, it should be enough to support them.
    Mr Speaker, I believe it is something that the Select Committee on Defence and the Interior should pick up for all our service men and women, especially the military.
    Mr Speaker, we can do without barracks for the Ghana Police Service, Ghana National Fire Service and the Ghana Customs and Excise Service, but we definitely cannot do without a barracks for the Ghana Armed Forces. Therefore, we need to pay attention to this.
    Mr Speaker, I would like to also take this opportunity to commend our gallant men and women in the military. Till date, when we walk or drive around their barracks, we see the semblance of discipline. They have very clean environment. We could see they are driving wretched vehicles, but the vehicles are neat.

    Mr Speaker, we cannot say same of other security agencies. They are given brand new vehicles but the next day, one would realise that they are not washed and they are unkempt. But for the military, one could see that a vehicle is struggling to be driven yet they keep it very neat and one can see them smartly driving it.

    I want to commend them and I hope that as we invest this amount of money into their housing, they would treat it even better than how they are treating the very wretched ones that they are living in.

    Mr Speaker, having said this, there are some fundamental issues which we need to look at. With this kind of Agreement that we always have -- it comes to this House, we raise the issues and then sometimes we just get the Hon Ministers to say that they are assuring us that it would happen but when they go back to implement the contract, they do not adhere to them.

    Mr Speaker, we cannot have such a very important document without the Attorney-General and Minister for Justice's advice. This is because they
    Alhaji Muntaka 11:58 a.m.
    Mr Speaker, it is sad that my Hon Colleague just said what he said. This is because he is not a Member of that Committee.
    Mr Speaker, I can tell him on authority that this was demanded at the Committee but it never came.
    Mr Speaker, what he said was not alluded to anywhere in the Committee's Report.
    Mr Speaker, my plea is that, as important as this is, things should not be made to look as a banter. He may disagree with me on an issue but this is a fact, because it was asked at the Committee and it did not come. The Committee's Report did not mention that advice. I am saying that as a House, we need to have a template of things that we would naturally ask and expect in a Report to guide all of us. If it is there as he is purporting, we would be happy to see it, because it was sought for at the Committee and it was not given; and the
    impression was not created even at that Committee that they had it and would provide it. That was not done.
    So Mr Speaker, just to continue, on the issue of the sole sourcing, it is true that it has been repeatedly said by Hon Colleagues. But my plea to the Hon Minister for Defence today and having his Deputy stand in for him, is that we would want an assurance from the Ministry of Defence, as the Hon Deputy Minister gets the opportunity to respond to the issue that they would do it even though it is not stated in the Report and it is not stated anywhere in the contract.
    This is because, as we may know, when people are given turnkey- projects and this is clearly a turnkey- project the person is bringing in his or her own money to provide a service. If a third party is not allowed to say that, for example, the cost of a chair that the person promised to provide is too high or too low or is moderate, the tendency is for the one who is doing the construction to end up doing his own thing. This is because as humans, they are greedy and would want to make more profit.
    So Mr Speaker, yes, it is not stated and it is not a condition clause. I would want the Hon Minister to give us assurance because it can still be done, that parliamentary approval has been given but in Parliament they were mandated for value-for-money audit to be done before this Agreement moves on. I think it would serve our
    country better; it may end up that if that is done, we may even get some more things.
    Mr Speaker, with the local content, I would want to plead with the Ministry to further engage the company on this. We see a tendency -- unfortunately or coincidentally, this is a Chinese company and if I have not seen any at all, I saw the Tamale Sports Stadium when they were constructing it. They brought people from China to do even the digging. Manual works that ordinary Ghanaians could do, when a Chinese company is given those jobs, the tendency for them to bring all these people from China is very high and I want to plead with the Hon Minister to engage the company.
    They have a track record of having served the military for over 15 years, that in doing this construction, because of the size of it, they should not just restrict themselves to the 20 per cent that has been given. The 20 per cent could be the most technical or difficult things that need to be done, like the construction of some of the blocks that my Hon Colleague said. But the little things that have to be done, they should allow the communities around to take advantage of them. This is because those are very manual and easy things to do, instead of bringing in too many people from China to do things that could be easily done by people in Ghana.
    Mr Speaker, with respect to paragraph 7.5, where it is stated that
    Mr Speaker 11:58 a.m.
    Thank you very much, Hon Minority Chief Whip. Hon Majority Leadership?
    Mr Moses Anim 11:58 a.m.
    Mr Speaker, we will yield to the Hon K.T. Hammond.
    Mr Kobina T. Hammond (NPP -- Adansi Asokwa) 12:08 p.m.
    Mr Speaker, thank you very much for the opportunity to contribute to the Committee's Report.
    Mr Speaker, let me own up to a weakness on my part in relation to the Ghana Armed Forces, and indeed, all our security forces. As a young boy, I yearned to become a General in the army and then I was informed of what it would take me to become a General, and whether I would get there in the first place. Along the line, the history changed and I am what I am today, unfortunately, not a General.
    So I have exceptional respect and fondness for them; ‘they freak me out'. Anytime I see them in uniform, as I can see them around here, I like it and it is for that reason that I say on this particular occasion when we are asking for accommodation for them, that I am going to adopt different standards altogether as I grant my own immunity to all those who are going to do this job. Mr Speaker, cut through the red tape and get the job done.
    Mr Speaker, my Hon Colleague, the former Deputy Minister for the Interior, was going on about the Hon Attorney-General and Minister for Justice's report which should have been here, and the Hon Minority Chief Whip is going on about value for money. I have no difficulty with value for money; it will be done, but that should not stand on ceremonies;
    he should get the job going. With respect to my Hon Colleague, the former Deputy Minister for the Interior, when was it that for all the years that I have been in this House we saw an Attorney-General and Minister for Justice's report here?
    The Attorney-General and Minister for Justice would have reported to the Executive, the Committee and all the institutions involved. They did not bring the specific report to the House, so do not worry about that. Get the work done.
    Mr Speaker, in the early 1970s when I was growing up around Asokwa in Kumasi - indeed, the first time I went to Kumasi was in the early 1970s in Adansi Asokwa and not Asokwa in Kumasi. Incidentally, they borrowed the name from Adansi Asokwa and they call it Asokwa.
    We went to Kumasi, to a place I was told was called Bantama at that time. I saw some nicely built rounded structures and then I wanted to know what it was. I was told that --
    Mr Speaker 12:08 p.m.
    Hon Buah?
    Mr Buah 12:08 p.m.
    On a point of order. Mr Speaker, Hon K.T.Hammond who has been in this House for so long knows that at this point, what he has to do is to speak to the Report. So the Hon Member should take us back to the Report --
    rose
    Mr Speaker 12:08 p.m.
    Hon Hammond, you will sit.
    Mr Hammond 12:08 p.m.
    Thank you very much. Mr Speaker --
    Mr Speaker 12:08 p.m.
    I said you will sit.
    Mr Hammond 12:08 p.m.
    Mr Speaker, do you mean that I proceed or sit down?
    [Interruption] --
    Mr Speaker, thank you.
    Mr Speaker 12:08 p.m.
    Yes, Hon Member, finish.
    Mr Buah 12:08 p.m.
    Mr Speaker, I believe that a lot of issues have been raised and most of the Hon Members who spoke have spoken in support of this Report. The Hon Member will do us good to speak to the Report and the issues that have been raised. We know about his very interesting upbringing and experiences in Asokwa but I am not sure this is the time for it.
    Mr Speaker 12:08 p.m.
    Hon Hammond, you will conclude.
    [Laughter.] --
    Mr Hammond 12:08 p.m.
    Mr Speaker, do you mean that I should conclude? Well, I will conclude on this note. When I started contributing in this House, my Hon Colleague was doing some business in America --
    Mr Speaker 12:08 p.m.
    Hon Member?
    Mr Hammond 12:08 p.m.
    Mr Speaker, I know the rules of contribution in this House.
    Mr Speaker 12:08 p.m.
    Hon Member, you will make a point and conclude. [Laughter.]
    Mr Hammond 12:08 p.m.
    Mr Speaker, so I was told that those were houses for the Ghana Armed Forces. I understand that those structures are still in place and in my view, it is a remarkable thing that the Minister for Defence and the Committee have presented this House with this Agreement so that houses could be constructed for our men in uniform.
    Mr Speaker, we must create the impression that this country is worth dying for. These are the men who spend their lives defending the territorial integrity of this country and if all that they ask for in return is to be properly accommodated, I think that it is not too much to ask.
    Come to think of it, a few Hon Colleagues of mine before they got to the position of Lieutenant Colonel (Lt. Col.) had to retire and if this Report tells us that some of these officers who are at the rank of Lt. Col. live in single accommodations either with their families or not, it is a rhetorical question.
    Mr Speaker, however, I gleaned from the Report that they built them cemeteries and so on. I would have thought that our first emphasis would be providing them with accommo- dation when they are alive and then subsequently, we would look after what happens when they go.
    A little one on the -- the Hon Vice Chairman has been drawing attention
    to the point that we have just been talking about.
    Mr Speaker 12:08 p.m.
    In conclusion?
    Mr Hammond 12:08 p.m.
    Mr Speaker, paragraph 5 of this joint Memorandum submitted by the Ministries of Defence and the Interior was submitted to Parliament. It puts the point 5 beyond argument;
    ‘In its deliberation on the matter the Ministry of Defence has held consultation with major stakeholders including the Ghana Armed Forces, the Ministry of Works and Housing, Public Procurement and the Office of the Attorney-General and Ministry of Justice'.
    Mr Speaker should have been reading this to be sure -- Mr Speaker, you insist that I should be concluding, particularly so when I have missed out on my own Question on the oil blocks. I would have thought that you were going to give me a little more time by way of compensation, but if you insist I should conclude -- I made the point that the men in uniform have our support; we are going to give them this.
    Mr Speaker 12:08 p.m.
    Order! Hon Hammond, remember we are speaking to a consensus Report so, please.
    Mr Hammond 12:18 p.m.
    Mr Speaker, thank you.
    So in conclusion, I said that this is a very good deal. We pray that the House would approve it by giving our men in uniform accommodation. We also urge the Hon Ministers for Defence and Finance to, again, think about how we can do more or the same for the Ghana Police Service who, I suspect, are in the same dire circumstances.
    Mr Speaker 12:18 p.m.
    Hon Deputy Minister, you may make a few relevant responses, if any.
    Deputy Minister for Defence (Maj. D. Oduro [retd]): Mr Speaker, thank you. I would be very brief.
    Mr Speaker, I would want to express my appreciation to all Hon Members who have made useful and needed contributions to the debate. The Financial Agreement was brought to this House and has since been approved and it is left with the Commercial Agreement which we are doing now.
    Mr Speaker, an Hon Member even mentioned that these accommo- dations or housing units that we are embarking on would serve the adequacy and suitability of officers of the Ghana Armed Forces. This is very key.
    Mr Speaker 12:18 p.m.
    Hon Deputy Minister, we have all agreed that there is a need so please -- [Laughter]---
    Maj. D. Oduro [retd]: Mr Speaker, because a lot of remarks were made and I would want to touch on some of them briefly. An Hon Member mentioned local content and, yes, we have the local content. It was after the approval by Parliament and the contract had been given to the main contractor --
    Mr Speaker 12:18 p.m.
    Hon Deputy Minister, just to guide you. Would you like to make a comment on value for money? Of course, it is in the interest of the military because you want to give them accommodation and you want to maximise the giving of the accommodation. So we would want you to speak on value for money. No more justification because we all agree and everybody here wants more accommodation for them.
    Maj. D. Oduro [retd]: Mr Speaker, we would want to give them adequate and suitable accommoda- tion and that is why we have gone
    through all the necessary processes for this loan to be approved --
    Mr Speaker 12:18 p.m.
    Including value for money.
    Maj. D. Oduro [retd]: Mr Speaker, including value for money because the Attorney-General and Minister for Justice was part and she made an input into the loan facility and agreement. The EPA was also involved and they all did their part. Therefore, it is because of the value- -for-money assessment that this Commercial Agreement is before the House. So they were also part of the value-for-money assessment.
    Mr Speaker, the Committee on Defence and Interior made --
    Alhaji Muntaka 12:18 p.m.
    On a point of order. Mr Speaker, the Hon Deputy Minister should not mislead this House because value for money is done by specialised institutions. Simply bringing the Ministry of Finance and other institutions to sit together and talk about a loan cannot constitute value for money. Value for money is done by professionals and they would give counter-quotations of almost all the items to show which item is high, low or acceptable. That is what is called value for money, and this is done by specialised institutions like Crown Agents.
    Mr Speaker, so we want assu- rance from the Hon Deputy Minister that when he leaves here and starts the implementation of this project, he would get the value for money to be
    done so that it could lead to an increase in the units or lead to some standardisation and polishing. That is what we are asking him, not the Cabinet and other people coming together to form a sub-committee. That is not value for money.
    Mr Speaker, so as you said, the Hon Deputy Minister should speak to the issue. Is he willing to give us an assurance? We are not expecting him to do so now before we approve because we all agree that this is important and we are ready to support and approve it. We just want an assurance that value for money would be done for this project.
    Maj. D. Oduro [retd]: Mr Speaker, with reference to what the Hon Minority Chief Whip has said, I would give him all the necessary assurance that the value-for-money assessment would be done for him to be satisfied.
    Mr Speaker, the Committee on Finance has also done its part and we are rest assured that no problem would crop up during the construction process.
    Mr Speaker, an Hon Member raised an observation on dispute resolution. The loan facility was a credit facility from the seller, so it is incumbent on the two to agree on how disputes would be resolved.
    Mr Speaker, it was agreed and it has gone to the Attorney-General and Minister for Justice and to all those who took part as stakeholders in this
    Agreement. So it was acceptable that for an entity to provide money and embark on this project, that entity should be listened to so that it would not be as if we want to exert pressure on the entity when there is a problem.
    Mr Speaker, local materials would be procured and nothing would be brought from China or anywhere. The materials would be bought in Ghana, especially from the constituency of the Hon Member who brought up this issue. The labour force for the project sites would be Ghanaians, so everybody should be rest assured that all the necessary comments that have been made would be adhered to. I do not think that we would have any problem.
    Mr Speaker, thank you.
    Mr Speaker 12:18 p.m.
    Thank you.
    Question put and Motion agreed to.
    Mr Speaker 12:18 p.m.
    Hon Members, we would take item numbered 9 -- Resolution.
    RESOLUTIONS 12:18 p.m.

    THIS HONOURABLE HOUSE 12:18 p.m.

    HEREBY RESOLVES AS 12:18 p.m.

    Mr Speaker 12:18 p.m.
    Any seconder?
    Mr Collins O. Amankwah (NPP -- Manhyia North) 12:18 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 12:18 p.m.
    Hon Second Deputy Majority Whip, is item numbered 10 ready?
    Mr Anim 12:18 p.m.
    Mr Speaker, item numbered 10 is not ready and so we may take the Companies Bill, 2018 at the Consideration Stage, which is item numbered 14.
    Mr Speaker 12:28 p.m.
    Therefore, items 10, 11, 12 and 13 are all deferred to tomorrow.
    Mr Anim 12:28 p.m.
    Mr Speaker, yes.
    Mr Speaker 12:28 p.m.
    Thank you very much.
    In the circumstances, we would move to the Consideration Stage as the Hon Second Deputy Speaker takes the Chair.
    Hon Members, Companies Bill, 2018 at the Consideration Stage.
    BILLS -- CONSIDERATION 12:28 p.m.

    STAGE 12:28 p.m.

    Mr Speaker 12:28 p.m.
    Item 14(i) -- clause
    113?
    MR SECOND DEPUTY SPEAKER
    Mr Second Deputy Speaker 12:29 p.m.
    Hon Vice Chairman of the Committee, I have just been informed that clause 113 was deferred for some reasons,
    [MAJ. ODURO [RETD]] and that we have not been able to solve that. So we could move to clause 171. Let us move to clause 171.
    Clause 171 -- Number of directors
    Mr Abban 12:29 p.m.
    Mr Speaker, I beg to move, clause 171, subclause (2), lines 3 and 4, delete “and each director and” and insert “the director and each”.
    Mr Speaker, the new rendition would be 12:29 p.m.
    “(2) If at any time the number of directors is less than two in contravention of subsection (1), and the company continues to carry on business for more than four weeks after that time, the company, director and each member of the company that is in default is liable to pay to the Registrar an administrative penalty of 25 penalty units for each day during which it so carries on business after the expiration of the four weeks without having at least two directors.”
    Mr Second Deputy Speaker 12:29 p.m.
    Hon Ranking Member?
    Alhaji Inusah A. B. Fuseini 12:29 p.m.
    Mr Speaker, it is exactly so. In the third line, “each” is deleted and “the” is substituted. And in line 4, after “and” and before “member”, insert “each” so that the remaining director and each member of the company would be liable.
    Mr Abban 12:29 p.m.
    Mr Speaker, I wish to propose a further amendment that we put there “the remaining director if any, and member of any company which is in default”. [Interruption.]
    Let me justify my position. The reason is that, it is even possible that we would not even have a remaining director at all because they must have two directors at a time, at least. Now, if there is a situation where both directors are not there or have resigned, there would be no director.
    There could also be a time where one director might resign and there would remain only one director. That is why I said the company and the remaining director, if any, and members of the company which is in default. That is why I put it there.
    Mr Second Deputy Speaker 12:29 p.m.
    Yes, Hon Member for Wa West?
    Mr Chireh 12:29 p.m.
    Mr Speaker, I do not get the Hon Vice Chairman's explanation very well. If a company has no director at all, do we need to legislate this?
    We have two scenarios. One, where we must have two directors at any time. Now, we have one. That is why we are saying the one director and each member of the company.
    Now, he says “if any”. Then we have to get two separate clauses; one dealing with what we are talking about. Knowing his background in Company Law, when there is no
    director at all, what is the situation like? Do we need to provide for it here?
    Mr Second Deputy Speaker 12:29 p.m.
    Yes, Hon Ranking Member?
    I did not see you in motion. You were stagnant and on your feet. If you were in motion, I would know that you were moving.
    Mr Abban 12:29 p.m.
    Mr Speaker, the position taken by Hon Chireh seems to suggest that there could not be any point in time where the two remaining directors may even resign at the same time.
    If we proceed on the assumption that one director might remain, we must also think about the situation where both directors, for whatever reason, may decide to resign. When that happens, it means we do not have any director. But if one resigns and there is one left, we can still say the remaining director, if any. That is if we have even one; the remaining director and each member. I think this should be fair: the remaining director and each member of the company who is in default, then the rest would follow.
    Mr Second Deputy Speaker 12:29 p.m.
    Hon Member, you are not the Chairman.
    Mr Abban 12:29 p.m.
    Mr Speaker, I am the Vice Chairman.
    Mr Second Deputy Speaker 12:29 p.m.
    Yes, you are the Vice Chairman. Read the clause properly. This is because, the clause says:
    “If at any time, the number of directors …”
    It means there has to be a director.
    “If at any time, the number of directors is less than two …”
    So the opening phrase is assuming that at least there would be a director. If you would want to create another provision for where there is no director at all, you could do that, but it cannot come under this one because of the opening phrase.
    Are we together?
    Mr Abban 12:29 p.m.
    Yes, we are. I am advised.
    Mr Second Deputy Speaker 12:29 p.m.
    Yes, Hon Ranking Member?
    Alhaji I.A.B. Fuseini 12:29 p.m.
    Mr Speaker, even “remaining” is innocuous; I do not have a problem if we put it there, but the director refers to the remaining director.
    Mr Speaker, respectfully, if we read clause 171 (1) and there is no director of the company, it would be an infringement of a law, and one would now be subjected to an administrative charge. It would be an offence to run a company without a director.
    Mr Speaker, thank you.
    Mr Second Deputy Speaker 12:38 p.m.
    That is why I drew the Hon Member's attention to the fact that if there is the need for us to put a provision, then we could do that. But I do not know how one would have a company existing without a director, but eventuality - something could happen, an act of God or whatever, and the directors, if they were two, could both be non-existent. So, what happens in such a situation? However, that is not the place to put it. We could consider it later on.
    Question put and amendment agreed to.
    Clause 171 as amended ordered to stand part of the Bill.
    Clause 172 -- Appointment of directors and filling of vacancy
    Mr Abban 12:38 p.m.
    Mr Speaker, I beg to move, clause 172, subclause (2), opening phrase, line 2, delete “that” and insert “the” and further delete paragraph (a) and insert the following:
    “made a statutory declaration submitted to the company and subsequently filed with the Registrar to the effect that the person has not within the preceding five years of the application for incorporation been.”
    Mr Speaker, the new rendition would therefore be;
    Mr Second Deputy Speaker 12:38 p.m.
    Hon Vice Chairman, we still have one more proposed amendment, standing in the name of the Committee.
    Mr Abban 12:38 p.m.
    Mr Speaker, that is so.
    Mr Speaker, I beg to move, clause 172, subclause (8), paragraph (a), line 2, delete “are” and insert “is”.
    Mr Speaker, the new rendition would then be 12:38 p.m.
    “(8) In the event that
    (a) there are no directors of a company, or the number of directors is less than the quorum required for a meeting of the board; and…”
    Mr Speaker, the rest would then follow.
    Mr Second Deputy Speaker 12:38 p.m.
    Hon Members, this is a simple one, and it is a matter of English, to delete the word “are”, and insert the word “is”.
    Question put and --
    Hon Members, it looks like you would want a further consideration of it.
    Mr Chireh 12:38 p.m.
    Mr Speaker, we are labouring to support the Hon Vice Chairman and his team to do this Consideration. Hon Members do not appear to be interested in even saying the most common thing that they are used to, the word “aye”. They cannot say it; they have no energy to say it.
    Mr Speaker, I suggest that they either find some energy or we go off what we are doing. Some of the Hon Members behind are reading WhatsApp messages, and so they cannot even say the word, “aye”. They are discouraging the presiding officer, and it is not good. He is the one doing the shouting while we keep quiet. Should he now be making the decisions for us?
    Mr Anim 12:38 p.m.
    Mr Speaker, my Hon senior Colleague, the Hon Yieleh Chireh, did not respond to your Question. Meanwhile, he is accusing all of us, but we have taken a cue from what he has said, and would follow suit.
    Question put and amendment agreed to.
    Clause 172 as amended ordered to stand part of the Bill.
    Clause 173 ordered to stand part of the Bill.
    Clause 174 -- Directors' share qualification
    Mr Second Deputy Speaker 12:38 p.m.
    Hon Members, we have two proposed amendments, and both are in the name of the Hon Chairman of the Committee.
    Yes, Hon Vice Chairman of the Committee?
    Mr Abban 12:38 p.m.
    Mr Speaker, I beg to move, clause 174, subclause (1), line, 1, delete “Unless a company's constitution otherwise provides” and insert “Except otherwise provided in the constitution of a company”.
    Mr Speaker, this is to be consistent with the practice we have done in this Bill.
    Mr Speaker, a further amendment that we would have to make is that the expression has always been “except as” as we go along. So I think it would be “except as otherwise provided in the constitution of a company”, that is, subclause 1(1).
    Mr Second Deputy Speaker 12:38 p.m.
    Hon Members, in moving the Motion, the Hon Vice Chairman has further
    amended what is on the Order Paper by the insertion of “as” between “except” and “otherwise”. It is for the consideration of the House.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 12:48 p.m.
    Hon Vice Chairman, you may move the second proposed amendment.
    Mr Abban 12:48 p.m.
    Mr Speaker, I beg to move, clause 174, subclause (2), line 1, delete “a company's constitution” and insert “the constitution of a company”.
    Mr Speaker, this is to be in line with the amendment that we have made so far.
    Question put and amendment agreed to.
    Clause 174 as amended ordered to stand part of the Bill.
    Clause 175 -- Vacation of office of director
    Alhaji Fuseini 12:48 p.m.
    Mr Speaker, we just did the amendment to clause 174(2) where we deleted “company's constitution”. It appears in clause 175(2) as well, so I would want to request for a consequential order to be made to read, “the constitution of a company may provide …”
    Mr Second Deputy Speaker 12:48 p.m.
    Hon Ranking Member, thank you for drawing our attention.
    Hon Members, there has been a proposal on the Floor, which is consequential to the decision we took in respect of clause 174(2) to amend clause 175(2). We are to delete “a company's constitution” and insert “the constitution of a company”.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 12:48 p.m.
    I will put the Question on clause 175.
    rose
    Mr Second Deputy Speaker 12:48 p.m.
    Is there a further amendment to clause
    175?
    Mr Abban 12:48 p.m.
    Mr Speaker, it is to clause 176. It is the same thing.
    Clause 175 as amended ordered to stand part of the Bill.
    Clause 176 -- Removal of directors
    Mr Abban 12:48 p.m.
    Mr Speaker, in clause 176(1), line 3, we have the same phrase, “company's constitution”. It is consequential, so we should have “the constitution of the company”.
    Mr Second Deputy Speaker 12:48 p.m.
    Hon Members, I will just give a directive as a consequential amendment in the Bill, that wherever it appears, unless the context otherwise requires, it be amended
    accordingly so that we do not keep repeating the same thing.
    Hon Members, just a second. I would have to interrupt the Consideration Stage of the Companies Bill for just a few minutes to enable us to lay some Papers. If it is your wish, we can then continue with the Consideration Stage.
    Hon Members, we have at hand an Order Paper Addendum -- Presentation of Papers. The following Papers are to be presented by the Minister for Finance.
    Mr Mathias K. Ntow 12:48 p.m.
    Mr Speaker, the Papers are not ready yet. They are now being distributed, so if you could give us some few minutes to look at them before we --
    Mr Second Deputy Speaker 12:48 p.m.
    You are talking about the Order Paper Addendum not being available to you, not the Papers to be laid.
    Mr Ntow 12:48 p.m.
    Mr Speaker, I just had it.
    Mr Second Deputy Speaker 12:48 p.m.
    Hon Member, you are talking about the Order Paper Addendum and not the document.
    Mr Ntow 12:48 p.m.
    Mr Speaker, the Order Paper Addendum is now here with me.
    Mr Second Deputy Speaker 12:48 p.m.
    Your earlier request was that you did not have the documents, and I wanted to correct you to say that you did not
    have a copy of the Order Paper Addendum.
    Mr Ntow 12:48 p.m.
    Thank you very much, Mr Speaker. It is now here with me, so you can go ahead.
    Mr Second Deputy Speaker 12:48 p.m.
    Presentation of Papers by the Hon Minister for Finance.
    Mr Anim 12:48 p.m.
    Mr Speaker, by your leave, if you would permit the Hon Deputy Minister for Local Govern- ment and Rural Development to lay the Paper on behalf of the Hon Minister for Finance.
    Hon Ministers are on a retreat and the other Hon Deputy Minister, Hon Abena Osei-Asare, is not in the jurisdiction. Hon Kwaku Kwarteng also came, but he had an emergency to attend to at the Ministry of Finance and therefore, he sought permission to leave.
    By your leave, if you could allow the Hon Deputy Minister for Local Government and Rural Development to lay the Paper on behalf of the Hon Minister for Finance.
    Mr Second Deputy Speaker 12:48 p.m.
    We would have to get the indulgence of your Hon Colleagues.
    Alhaji I.A.B. Fuseini 12:48 p.m.
    Mr Speaker, I saw one of the Hon Deputy Ministers for Finance here a couple of minutes ago. This is an Order Paper Addendum, and it means that this matter is so important to the Ministry
    of Finance that they requested that an Addendum to the Order Paper be made.
    By their absence, it just tells us that we need not to have prepared an Order Paper Addendum because it is not an emergency. If it were an emergency, and they saw that it was very important that we prepare an Addendum to the Order Paper, when the Hon Deputy Minister came, he would have stayed back to lay the Papers.
    We are making a mockery of the rules of this House that we could cause an Order Paper Addendum to be printed but then nobody is there to lay the Papers.
    Mr Anim 12:58 p.m.
    Mr Speaker, I would just want to let my senior Hon Colleague know it was the reason the Hon Deputy Minister for Finance came. He was not here for just a couple of minutes ago; he came purposely to lay the Paper. When he came, we were taking the Motion on the military housing project.
    He had that emergency and since he is the only Hon Deputy Minister available at the Ministry, he had to take permission to go and sort it out. That is why we plead with you to allow the Hon Deputy Minister for Local Government and Rural Development to lay the Paper on his behalf. He rushed in purposely to take this one.
    Mr Anim 12:58 p.m.


    The Hon Deputy Minister is here to take that of the Ministry of Aviation, but for this very one, we would like the Hon Deputy Minister for Local Government and Rural Development to take it. Please indulge us so to make progress.
    Alhaji I. A. B. Fuseini 12:58 p.m.
    Mr Speaker, this is Government Business and this is how the Government has chosen to run its Business in the House, so we would indulge him.
    Mr Second Deputy Speaker 12:58 p.m.
    Yes, Hon Member?
    Mr Mercer 12:58 p.m.
    Mr Speaker, I am excited that the Hon Member on the other Side has agreed that Mr Speaker indulges the Hon Deputy Minister for Local Government and Rural Development to lay the Paper. Mr Speaker, but just for the education of we the younger ones, I have read Order 75 and it seems that the requirement that Ministers of State or Hon Deputies by all means should be in the Chamber when Papers are presented is all borne out of rules, and with your kind permission, if I may read:
    “(1) As soon as sufficient copies of a Paper for distribution to
    Members have been re- ceived in the Office of the Clerk notice of the presenta- tion of that Paper . . . and as soon as Mr Speaker announces “Papers for Presentation”, the Paper shall be deemed to have been laid on the Table.
    (2) If so desired by the person presenting a Paper, a short explanatory statement may be made by him upon its presentation.”
    So if the Hon Minister does not desire to make any explanatory statement, then it is my submission that as per the rules at every time that Mr Speaker announces “Papers for Presentation”, then, the Hon Minister is not required to be here.
    Mr Speaker, but as I said, we are new, so this is only intended to elucidate a learning from your good Hon Self and the seniors here. So we are guided going forward.
    Mr Chireh 12:58 p.m.
    Mr Speaker, thank you very much.
    The Hon Member says his point is for education. As we sat here and they distributed the Order Paper Addendum, the Hon Deputy Minister who has been called upon to lay this Paper had no idea what was in the Paper. So, if we ask him to give us the basis for the Paper that is to be laid, would he be able to do so?
    This House also insists that Hon Ministers themselves should be
    present to lay Papers. They are to do so, and that is the convention. If we look at our Standing Orders, it is not everything that must be in the Standing Orders -- When something has been consistently done and we have upheld it — When they were on our Side, they objected to Hon Deputy Ministers or other Hon Ministers laying Papers on behalf of other Hon Ministers.
    So if we have indulged them and they want further education, they would create more confusion. Otherwise, we would insist that the person laying the Paper is conversant with the Paper that he is to lay and should tell us something more. That is why sometimes when somebody is asleep and one wants to wake him up by looking at his eye to be sure that he is asleep, one would end up creating a problem for himself or herself.
    Thank you very much.
    Mr Boamah 12:58 p.m.
    Thank you very much, Mr Speaker.
    I would like to remind the Hon Member for Sekondi to read the entire Part II on Papers and Petitions. He should have started from Order 74. This reads:
    “A Paper may be presented to the House only by Mr Speaker, the Chairman of a Committee, a Member or a Minister.”
    The side note of the Order 75 that he read is on the mode of Presen-
    tation of Papers. So, there ought to be an owner of that document that the person is asking for it to be laid in the House.
    I beg to differ from this interpre- tation of Order 75. He should have read it in tandem with Order 74 and also, the preceding headnote and side note accompanying the rules of this House.
    Mr Mercer 12:58 p.m.
    Mr Speaker, indeed, I apprise myself very much with Order 74. My understanding of Order 74 is that no stranger or no citizen of Ghana could just come here and present a Paper. It is only the people listed in Order 74 who are mandated by the rules to present Papers to Parliament.
    However, how the Paper is presented is what is contained in Order 75, which says that so long as that Paper is listed on the Order Paper and Mr Speaker announces “Presentation of Papers”, that Paper is deemed to have been laid without more.
    That was why I asked that just for the education for us the younger ones, what the real meaning of this provision is. I do not seek to wake up any sleeping person by lifting the eyelids to determine whether the person is asleep.
    Mr Speaker, I have wondered and it is sincere; this is not the first time that this has come up. I wonder whether what we are actually doing is consistent with the rules, and that is
    Mr Second Deputy Speaker 12:58 p.m.
    Well, the senior Hon Members are being called upon to explain further and educate the Hon Member on it, but that has not been done fully. That is why he is still coming back.
    Let me listen to the Hon Ranking Member before I come to the Hon Deputy Minister.
    Alhaji I.A.B. Fuseini 12:58 p.m.
    Mr Speaker, I thought I heard him say ‘Deputy Minister' and I was tempted to agree with him, but his line of argument fails even on the face of it.
    What are we doing now? ‘‘The following Papers are to be presented; by the Minister''. The Order Paper identifies the person who is to present the Paper
    ‘‘Item numbered (b) By the Minister for Aviation''. Again, that person has been identified. If the Paper is to be presented by the Hon Chairman of a Committee, the Hon Chairman would be identified. That should be a guide to how the rules should be interpreted, and that flows directly from Order 74(1).
    Mr Second Deputy Speaker 12:58 p.m.
    I thought I would listen to — is it all right? Are you satisfied from the explanation of the Hon Ranking Member?
    Mr Anim 1:08 p.m.
    Mr Speaker, that is enough of education, so we can make progress.
    Mr Speaker, with the greatest of respect, I think that my Hon Colleague on our Side has understood the education very well and I think we can make progress from here.
    Mr Second Deputy Speaker 1:08 p.m.
    Yes, just to add that it is important that it be recorded who actually did the presentation. That is why we need somebody to stand physically and bow.
    So the Votes and Proceedings would record the actual person who stood and did the mode of presentation by bowing.
    The bowing is not to Mr Speaker but to the Mace, which is the authority of the House. That is why -- if it is just left as it is stated here, which is a colloquial phrase we adopted from the United Kingdom (UK), the name that would appear on the Votes and Proceedings would be the Hon Minister for Finance; meanwhile, he was not present to actually present the Paper. That is why the mode of presentation is a physical signal that is given by the person who presents the Paper by bowing to the Mace. That is the international practice.
    PAPERS 1:08 p.m.

    Mr Second Deputy Speaker 1:08 p.m.
    Hon Second Deputy Majority Whip, do you want it to be referred to the Committee on Finance and the leadership of the Committee on Roads and Transport or the whole Committee on Roads and Transport?
    Alhaji I.A.B. Fuseini 1:08 p.m.
    Mr Speaker, the Paper laid concerns the execution of works at the Kumasi International Airport Phase 3. The second Paper to be laid would be done by the Hon Minister of Aviation. So if that Paper is laid and the two Papers are referred to the joint Committees, they would deal with them holistically.
    Mr Second Deputy Speaker 1:08 p.m.
    Hon Members, both items numbered (a) (i) and (ii) are loan Agreements.
    Mr Chireh 1:08 p.m.
    Mr Speaker, we normally add the leadership of the other committees to loan Agreements and then subsequently, the Commer- cial Agreements would also be referred to the subject matter Committee, which in this instance is the Committee on Roads and Transport. Again, the practice has been to add the leadership of the Finance Committee.
    Mr Speaker, in this particular case, the leadership of the Committee on Roads and Transport should be added to the Finance Committee. On the Commercial Agreement, the leadership of the Finance Committee could be added.
    Referred to the Committee on Finance and the leadership of the Committee on Roads and Tran- sport.
    Mr Second Deputy Speaker 1:08 p.m.
    Item numbered (a)(ii) on the Order Paper Addendum.
    By the Deputy Minister for Local Government and Rural Development (Mr Osei Bonsu Amoah) (on behalf of the Minister for Finance) --
    Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Deutsche Bank AG, London Branch (as Agent, Arranger,
    Mr Second Deputy Speaker 1:08 p.m.


    Structuring Bank and Original Lender) for an amount of eighteen million, nine hundred thousand euros (€18,900,000.00) relating to the financing of Phase 3 of the Kumasi Airport Redevelopment Project.

    Referred to the Committee on Finance and the leadership of the Committee on Roads and Tran- sport.
    Mr Second Deputy Speaker 1:08 p.m.
    The last Paper to be laid is item numbered (b) on the Order Paper Addendum, by the Hon Minister for Aviation.
    Mr Anim 1:08 p.m.
    Mr Speaker, as usual, the Hon Minister for Aviation is also at the retreat --
    Mr Second Deputy Speaker 1:08 p.m.
    Hon Second Deputy Majority Whip, what did you say? Did you say “as usual”? What is usual about the absence of an Hon Minister on the Floor?
    Mr Anim 1:08 p.m.
    Mr Speaker, with your leave, I would want the Hon Deputy Minister for Aviation to lay the Paper on behalf of the Hon Minister for Aviation.
    Alhaji I.A.B. Fuseini 1:08 p.m.
    Mr Speaker, the Hon Deputy Majority Whip's statement is very informative and instructive. Does he want to say that from today, that is how they would conduct Business in this House -- that Hon Ministers would not be present
    in the Chamber and that it would be a usual practice? [Interruption.] So does it mean that Hon Deputy Ministers would always lay the Papers?
    Mr Speaker, my good Hon Friend would now have his baptism of fire -- we should not take it away from him. We have no objection at all.
    Mr Second Deputy Speaker 1:08 p.m.
    Well, I understood him to say that he is as usual asking for my leave.
    Hon Deputy Minister for Aviation?
    By the Deputy Minister for Aviation (Mr Yaw Afful) (on behalf of the Minister for Aviation)
    -- 1:08 p.m.

    Mr Second Deputy Speaker 1:08 p.m.
    Hon Members, I would want to know the pleasure of the House. Should we go back to the Consideration Stage of the Companies Bill, 2018, or we suspend Sitting?
    Mr Anim 1:08 p.m.
    Mr Speaker, we may go back to the Consideration Stage of the Companies Bill, 2018, so that Sitting could be suspended at 2.00 p.m.
    Mr Second Deputy Speaker 1:08 p.m.
    Hon Members, that is the proposal from the available Hon Leader. Is that the sense of the House?
    Alhaji I.A.B. Fuseini 1:08 p.m.
    Mr Speaker, that is not the sense of the House. Having interrupted us to lay the Papers, I thought this was the appropriate time to ask you to suspend Sitting, so that we could come back refreshed to do good work. That is the sense of this House now, as I speak. [Interrup-tion.]
    Mr Second Deputy Speaker 1:08 p.m.
    I have heard the available Hon Leaders, but I am not too sure that they have conveyed the sense of the House.
    Can I hear from the Hon Members themselves?
    Mr Boamah 1:08 p.m.
    Mr Speaker, it is a good time to suspend Sitting. In view of the numbers and the mood of Hon Members as well as taking into consideration this important Bill, we have not put enough energy behind this Consideration Stage. So we should suspend Sitting and come back.
    Mr Chireh 1:18 p.m.
    Mr Speaker, as you advised the other day, that it is not good to sit at one spot continuously, considering the ages of some of us.
    We should always interrupt and activate the system a bit and come back.
    Mr Speaker, the second reason for which I believe we should suspend now is that if we continue till 2.00 p.m., we would delay when we would adjourn today. So the earlier we take the suspension and come back early enough today, the better for us so that we could work.
    Mr Speaker, but when we take the suspension, we must keep to the resumption time stated, so that when Mr Speaker comes and there is nobody in the Chamber, he adjourns the House.
    Thank you.
    Mr Second Deputy Speaker 1:18 p.m.
    Hon Members, I get the sense of the House now.
    I would want a clear indication of the pledge from you, that you would be back at the resumption time to continue with Business. That is very important because we have to finish this Bill before we go on recess. Is that agreeable? [Interruption.] Do you not think it is possible?
    rose
    Mr Second Deputy Speaker 1:18 p.m.
    Yes, Hon Member for Tamale Central?
    Alhaji I.A.B. Fuseini 1:18 p.m.
    Mr Speaker, we have worked on the Companies Bill for too many times. We have made this progress because we have
    Mr Second Deputy Speaker 1:18 p.m.
    Hon Members, at this juncture, I would suspend the House for one hour.
    Mr Anim 1:18 p.m.
    Mr Speaker, suspen- ding for one hour is all right.
    Mr Second Deputy Speaker 1:18 p.m.
    We would return at exactly 2.30 p.m. to resume Business.
    1.21 p.m. -- Sitting suspended.
    3.13 p.m. — Sitting resumed.
    Mr Second Deputy Speaker 1:18 p.m.
    Hon Members, we will resume the Consideration of the Companies Bill. — [Pause.]
    BILLS — CONSIDERATION
    STAGE 1:18 p.m.

    Mr Second Deputy Speaker 1:18 p.m.
    We got to clause 177 but it was not Considered. I think we considered up to clause 176 which was agreed upon and we then decided to end it there to lay some Papers. So we will go back to start at clause 177.
    Hon Vice Chairman, is that not the case?
    Mr Abban 1:18 p.m.
    Mr Speaker, that is so.
    Clause 177 — Restraining fraudulent persons from managing companies
    Mr Abban 1:18 p.m.
    Mr Speaker, I beg to move, clause 177, subclause (1), paragraph (c), line 1, delete “it appears that”; also delete “guilty” and insert “culpable”.
    Mr Speaker, the new rendition would read 1:18 p.m.
    “(1) Where,
    (c) a person has been found culpable of a criminal offence, whether convicted or not, in relation to a body corporate or of fraud or breach of duty in rela- tion to a body corporate;”
    Mr Speaker, the reason simply is that, we do not want this “it appears that” to be a matter for the subjective thinking for the Registrar.
    Secondly, it is the court that pronounces that the person is guilty, and since it is a term of art, we felt that looking at clause 177(1), where there are issues of convictions already, we should put the word “culpable” in place of “guilty”.
    Question put and amendment agreed to.
    Mr Abban 1:18 p.m.
    Mr Speaker, I beg to move, clause 177, subclause (4), line 2, delete “Ghana” and insert “the country”.
    Mr Speaker, the new rendition would now read 1:18 p.m.
    “(4) An order under paragraph (a) of subsection (1) may be made by a court in the country before which the person is convicted.”
    Question put and amendment agreed to.
    Mr Mercer 1:18 p.m.
    Mr Speaker, my sincere apologies for sending us back. I would want us to take a second look at clause 177, subclause (1), paragraph (c) before you finally put the Question on the entire clause.
    Mr Speaker, the rendition that has been proposed by the Hon Vice
    Chairman is 1:18 p.m.
    “(1) Where,
    (c) a person has been found culpable of a criminal offence, whether convicted or not, in relation to a body corporate or of fraud or breach of duty in relation to a body corporate;”
    Mr Speaker, I am wondering what offence in our Criminal Offences Act is known as being found guilty or culpable of a criminal offence. So if the Hon Vice Chairman could explain the reason for the proposed amendment.
    Mr Abban 1:18 p.m.
    Mr Speaker, we arrived at that because of clause 177, subclause (1), paragraph (a) which reads:
    “1) Where,
    (a)a person is convicted, whether in the Republic or elsewhere, of”.
    Mr Speaker, it means that that person has actually been taken through the judicial process and a court has actually pronounced on his or her guilt.
    In paragraph (c), if we should go by the original rendition, it says:
    “(1) Where,
    (c) it appears that a person has been guilty of a criminal offence, whether convicted or not, in relation to a body corporate or of fraud or
    Alhaji I.A.B. Fuseini 3:23 p.m.
    Mr Speaker, to add on to that, we have settled the matter of conviction. So when a person is convicted of any of the offences listed under 177(1) (a), such a person is barred from becoming a director.
    Mr Speaker, what happens in Parliament when we look at the Auditor-General's Report is that, when somebody is cited in the Report for misappropriation of funds or involved in acts in a manner that is akin to fraud in the running of a public entity but has not been so found and convicted by a court of competent jurisdiction, such a person would not qualify to be a director.
    Mr Mercer 3:23 p.m.
    Mr Speaker, I would have thought that if the intendment is to make findings of an administrative body reason to bar a person from holding office of a director, then we should say expressly as opposed to saying that where a person has been found culpable of a criminal offence. I wonder how we would make that determination.
    Mr Abban 3:23 p.m.
    Mr Speaker, do I have your permission to respond?
    Mr Second Deputy Speaker 3:23 p.m.
    Hon Member, I would want to listen to the Hon Dr Appiah-Kubi first.
    Dr Kojo Appiah-Kubi 3:23 p.m.
    Mr Speaker, I would even want to propose a different rendition because if you look at the heading of clause 177, it reads: “Restraining fraudulent persons from managing companies”. That is explicit. It implies that the person has been already adjudged fraudulent.
    Mr Speaker, that follows also in clause 177(1) (a); “a person is convicted…” which means a person could be said to be fraudulent; and clause 177(1) (b); “a person is
    adjudged bankrupt…” which means that person is clearly a fraudulent person but clause 177(1)(c) just muddies the water.
    Now that he has proposed that we delete, “it appears that” and instead maintain, “a person has been found guilty” that would be my amendment. [Interruption.] I would agree with my Hon Colleague, that we should stick to “guilty” because if the person has not been pronounced guilty, such a person cannot be said to be fraudulent.
    Dr Kwabena Donkor 3:23 p.m.
    Mr Speaker, my worry with “culpable”, especially in administrative findings is that, especially with the history of our country, administrative findings could be extremely biased. Unless such administrative findings are tested by a court of competent jurisdiction, no one should be disqualified from holding a directorship position on such grounds.
    Mr Second Deputy Speaker 3:23 p.m.
    Hon Members, the heading did not talk about disqualification; it talks about restraining.
    Mr Abban 3:23 p.m.
    Mr Speaker, let us advert our minds to the fact that the findings must lead to an action that the person has been fraudulent. So it is not any other findings. For instance, if a person has been negligent in his duties, it may not be a reason. Even if there is an administrative process in looking into whether somebody has been fraudulent, that should be the only focus that what he has done is
    fraudulent and that if such case has been put before court, there is all likelihood that the person would have been convicted. It does not necessarily mean that the person would have to be taken to court and be convicted.
    Mr Speaker, in any case, in response to Hon Donkor's position, if that person who has been found culpable thinks that his right has been infringed, he also has the right to go to court on the basis of those facts to determine whether indeed he was culpable. This time around, the court may have to pronounce whether he is guilty or not.
    Mr Speaker, so I think the proposed amendment as we have proffered should stay.
    Alhaji I.A.B. Fuseini 3:23 p.m.
    Mr Speaker, I pray that my Hon Friend would drop his opposition. Indeed, when we look at “culpability” and “guilty”, they were synonymous but “guilty” imported a sense of conviction. It goes back to what Dr Appiah-Kubi said; “it appears” has been put there by Gower to raise a presumption and we did not want that presumption any longer, so we deleted it.
    Mr Speaker, if a competent body has found a person guilty of a criminal offence, whether that person has been convicted or not would be barred from managing companies. We did not want to import --
    The way my Hon learned Friend is thinking; the way he talks of guilt only being established in a court of
    Alhaji I.A.B. Fuseini 3:23 p.m.


    competent jurisdiction. [Interrup- tion.] That was why we thought that the replacement of “guilty” with “culpable” was more amenable to the thought process of lawyers who would import “guilty” to mean court of competent jurisdiction but they are synonymous.

    Mr Speaker, so that person has been culpable or found to have engaged in a criminal enterprise while managing the company. It does not matter whether he or she has been convicted or not; he or she cannot manage a company. If he or she thinks that that culpability should be tested, he could go to court but the Registrar- General should not accept that person as a manager on the documents for incorporation of a company.
    Dr Appiah-Kubi 3:23 p.m.
    Mr Speaker, I would like to ask my Hon Colleague if he does not think that that would open up the process to a lengthy court debacle because the person may want to go to court and in the process, probably, place an injunction on the process.
    Mr Speaker, if we were to reduce it to just a normal process, I believe that using a court pronouncement would bring finality to the whole process. If a court pronounces one to be guilty, it is final. I do not think just a mere administrative process should be used as a means to debar somebody from participating or assuming a position.
    Mr Second Deputy Speaker 3:33 p.m.
    Hon Members, is it possible for the Committee to reconsider the clause 177(1)(c) and (d)? I realise that even though it appears to be deleted from clause 177(1) (c), it is still repeated in clause 177(1) (d) but the reason you gave for the deletion of the clause 177(1) (c) equally appears to clause 177(1) (d) but you did not ask for the deletion of that phrase, “it appears that”.
    Hon Members, look at the provi- sion in the Constitution on how these things are phrased, ‘where' is not a conviction but it is like a finding of a report. If you look at ‘qualification of Hon Members of Parliament', ‘eligibility or criteria', you will see a proper rendition so you could use that. If you found a report of, for instance, a Commission of Inquiry or Committee of Inquiry, then, you are distinguishing between conviction and just findings.
    However, the way it is now, when you use the words; ‘found culpable', the question is who has gone through that process to find that person culpable? So we are still not too clear -- yes, Hon Vice Chairman?
    Mr Abban 3:33 p.m.
    Mr Speaker, we are guided by your ruling on this matter. It is our application to you that we stand it down and then we, as a Committee, will look at it again and come back.
    Mr Second Deputy Speaker 3:33 p.m.
    Yes, thank you very much. So clause
    177(viii) is stood down for further Consideration by the Committee. We will move on to clause 178.
    Clauses 178 and 179 ordered to stand part of the Bill
    Clause 180 -- Substitute directors
    Mr Abban 3:33 p.m.
    Mr Speaker, I beg to move, clause 180, subclause (1), line 1, delete “Unless a company's constitution otherwise provides” and insert “Except otherwise provided in the constitution of a company”.
    Mr Speaker, so the consequential amendment as has been done previously would be that it will be; ‘except as otherwise provided'.

    Yes, for all the rest, we had the phrase; ‘except as otherwise provided'. Yes, that is why I said that we have already done that a couple of times.
    Mr Second Deputy Speaker 3:33 p.m.
    Hon Members, that is a consequential amendment and I give a directive to that effect. So that directive applies equally to clause 180 and we would not go over it again.
    I so direct once more.
    Question put and amendment agreed to.
    Clause 180 as amended ordered to stand part of the Bill.
    Clause 181 -- Alternate directors
    Mr Second Deputy Speaker 3:33 p.m.
    Hon Vice Chairman?
    The first one, item numbered (x), clause 181, is a consequential amendment and so, go to the second one-item numbered (xi), clause 181.
    Mr Abban 3:33 p.m.
    Mr Speaker, I beg to move, clause 181, subclause (5), opening phrase, before “constitution”, insert “registered”.
    Mr Speaker, the reason is simply that there are two types of company constitutions. The registered constitution is the one that has been drafted by the company itself and then the default constitution is the one that is used by the Registrar-General if the promoters of the company do not craft their own constitution.
    So when they have crafted their own constitution, it is called the registered constitution and that is why this speaks to that which is why we are inserting the word, ‘registered' to differentiate it from the default constitution.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 3:33 p.m.
    We still have one more proposed amendment to clause 181. So Hon Vice Chairman, you may move it.
    Mr Abban 3:33 p.m.
    Mr Speaker, I beg to move, clause 181, subclause (6), line 2, delete “in the constitution”.
    Mr Abban 3:33 p.m.
    Mr Speaker, I beg to move, clause 182, headnote, delete “Presence of directors in the Republic” and insert “Residence of directors in the country”.
    Mr Speaker, the reason is actually borne out by the body of the text itself. We are talking about ‘residency' and not necessarily, ‘presence' and in legal terms; they mean two different things altogether. The law requires that the person must be resident and we think that the headnote should reflect the sense of what is in the body of the text.
    Mr Second Deputy Speaker 3:33 p.m.
    Yes, the Hon Vice Chairman is right.
    Alhaji I.A.B. Fuseini 3:33 p.m.
    Mr Speaker, thank you for the opportunity.
    Clause 182, there are two consequential amendments. In clause 182(1), the last word in line (2) and in 182(3), the fourth word in line 3.
    Mr Second Deputy Speaker 3:43 p.m.
    It is a consequential amendment to delete “Republic” and insert “country”.
    I therefore direct that the draftspersons should take note and do the necessary corrections.
    Question put and amendment agreed to.
    Clause 182 as amended ordered to stand part of the Bill.
    Clause 183 -- Executive Directors
    Mr Abban 3:43 p.m.
    Mr Speaker, I beg to move, clause 183, opening phrase, delete and insert the following:
    “Except otherwise provided in the constitution of a company”
    Mr Speaker, this amendment is consequential in the light of the ruling that you have already made; I think that we do not have to belabour the point.
    Mr Second Deputy Speaker 3:43 p.m.
    Hon Vice Chairman, you are right. It is consequential so I direct that the draftspersons should take note and do the proper rendition.
    Question put and amendment agreed to.
    Clause 183 as amended ordered to stand part of the Bill.
    Clause 184 -- Managing directors
    Mr Abban 3:43 p.m.
    Mr Speaker, even though there is no proposed amendment to clause 184, I believe that the amendment that we have just made also consequentially affects the opening phrase of clause 184.
    Mr Second Deputy Speaker 3:43 p.m.
    So I direct that the draftspersons should take notice of this.
    Question put and amendment agreed to.
    Clause 184 as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 3:43 p.m.
    There is a consequential amendment in clause 186 to do with the “Republic”, so when I put the Question, I would take notice of it for the draftspersons.
    Clause 185 -- 187 ordered to stand part of the Bill.
    Clause 188 -- Proceedings and minutes of directors' meeting
    Mr Abban 3:43 p.m.
    Mr Speaker, I beg to move, clause 188, headnote, delete “directors' meetings” and insert “meetings of directors”.
    Mr Speaker, so the new rendition would be “proceedings and minutes of meetings of directors”.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 3:43 p.m.
    There is a consequential amendment and I am sure that is what the Hon
    Vice Chairman would want to move as the second amendment.
    Hon Members, you would recall that we took an earlier decision to delete “Ghana” and put “the country” and this has appeared at clause 188 (2), paragraph (a), subparagraph (i).
    So Hon Vice Chairman, it is a consequential amendment and you do not have to move it. The next one is also another consequential amend- ment where we replaced “Republic” with “country”. This is also consequential and so you do not need to move it.
    Alhaji I.A.B. Fuseini 3:43 p.m.
    Mr Speaker, there is another consequential amendment except that you did not mention it. The two last words under clause 188(2), “company's constitution” should be “the constitution of a company” so that it would read “subject to a contrary provision in the constitution of a company”.
    Mr Second Deputy Speaker 3:43 p.m.
    Yes, that is also consequential.
    I would put the Question and take note of all the consequential amendments so that the attention of the draftspersons would be drawn to it for them to do the proper thing.
    Clause 188 as amended ordered to stand part of the Bill.
    Clause 189 -- Limitations on the powers of directors.
    Mr Abban 3:43 p.m.
    Mr Speaker, I beg to move, clause 189, subclause (9), line
    Mr Second Deputy Speaker 3:43 p.m.
    Noted accordingly.
    Question put and amendment agreed to.
    Clause 189 as amended ordered to stand part of the Bill.
    rose
    Mr Second Deputy Speaker 3:43 p.m.
    Hon Ranking Member, is it in connection with clause 189?
    Alhaji I.A.B. Fuseini 3:43 p.m.
    Mr Speaker, no.
    Mr Speaker, I just want to crave your indulgence to refer you to a small matter that we did not deal with, but has serious repercussions.
    Mr Speaker, in clause 188(2)(c), the third word “not” has to be deleted. It is important to give notice of a meeting even if the directors are outside. One would have to give them notice that there would be a meeting.
    This is because at the time Gower wrote the report in 1963, technology had not advanced to the stage where one could give notice and not expect them. So one should be allowed to
    give notice that there is a meeting that would take place here and not the other way round.
    Mr Second Deputy Speaker 3:43 p.m.
    It is a small matter that we should not allow to go until we do a Second Consideration Stage. So we can take it on.
    Hon Vice Chairman, what do you say to that?
    Mr Abban 3:43 p.m.
    Mr Speaker, indeed, that is the case. That is what we agreed on at the Committee. It appears to me that we only glossed over it. It has actually been advertised, so if we could take it.
    Mr Speaker, I beg to move, that the word “not” be deleted.
    Mr Second Deputy Speaker 3:43 p.m.
    Because we were taking them as consequential amendments, we overlooked that. So I would put the Question on that and then on the whole of clause 188 again.
    Question put and amendment agreed to.
    Clause 188 as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 3:43 p.m.
    Have we put the Question on clause 189? Did I? [Pause.]
    So we would go to clause 190. There is no proposed amendment.
    Yes, Hon Majority Whip?
    Mr Anim 3:53 p.m.
    Mr Speaker, I think there is a consequential amendment at clause 190(3)(a) -- company's constitution.
    Mr Second Deputy Speaker 3:53 p.m.
    Yes. I have noticed that. I would put the Question.
    Clauses 190 and 191 ordered to stand part of the Bill.
    Clause 192 -- Conflicts of duty and interests
    Mr Abban 3:53 p.m.
    Mr Speaker, I beg to move, clause 192, subclause (1), line 1, delete “a company's constitution” and insert “the constitution of a company” and in lines 3 and 4, delete “himself or herself in a position in which his or her duty” and insert “that director's self in a position in which the duties of the director”.
    Mr Speaker, the new rendition would be 3:53 p.m.
    “Despite a provision in the constitution of a company to the contrary, a director shall not without the consent of the company in accordance with section 193, place that director's self in a position in which the duties of the director may conflict with the personal interest or the duties of other persons and in particular without that consent, a director shall not,”
    It looks a little clumsy.
    Alhaji I.A.B. Fuseini 3:53 p.m.
    Mr Speaker, I beg to further amend slightly the second leg of the proposed amendment by deleting “director's self” and just put “that director” for it to read:
    “… place that director in a position in which the duties of the said director to the company conflict”
    Mr Abban 3:53 p.m.
    Mr Speaker, I am trying my hands again:
    “Despite a provision in the constitution of a company to the contrary, a director shall not without the consent of the company in accordance with section 193, place that director in a position in which the duties of the said director to the company conflict with the personal interest or the duties of other persons and in particular without that consent, a director shall not,”
    Mr Second Deputy Speaker 3:53 p.m.
    Hon Members, I am sure you got the rendition. What the Hon Vice Chair- man moved for our consideration is as follows. The first amendment was consequential, which was taking “company's constitution” to “the constitution of the company”.
    And so, it would read:
    “…A director shall not without the consent of the company in accordance with section 193, place that director in a position
    Mr Second Deputy Speaker 3:53 p.m.


    in which the duties of the said director to the company conflicts or may conflict with the personal interests or the duties to other persons, and in particular, without that consent the director shall not…”

    Question put and amendment agreed to.
    Mr Second Deputy Speaker 4:03 p.m.
    Hon Members, the next proposed amendment (xx) is consequential and it is duly noted.
    Hon Members, we would move on to item numbered (xxi), by the Hon Vice Chairman of the Committee.
    Mr Abban 4:03 p.m.
    Thank you, Mr Speaker.
    Mr Speaker, I beg to move, clause 192, subclause (5), delete.
    Question put and amendment agreed to.
    Clause 192 as amended ordered to stand part of the Bill.
    Clause 193 ordered to stand part of the Bill.
    Clause 194 -- Contracts in which directors are interested
    Mr Second Deputy Speaker 4:03 p.m.
    Yes, Hon Vice Chairman, we have four proposed amendments. The first one is consequential, but the third is
    not, so you should go on to the second one.
    Mr Abban 4:03 p.m.
    Mr Speaker, I beg to move, clause 194, subclause (2), line 1, delete “is, whether” and insert “is” and also delete “materially”.
    Mr Speaker, the new rendition would be 4:03 p.m.
    “(2) A director who is directly or indirectly, interested in a contract or proposed con- tract entered into or to be entered into by or on behalf of the company shall declare the nature and extent of the interest at a meeting of the directors of the company.”
    Mr Richard Acheampong 4:03 p.m.
    Mr Speaker, I would just want the Hon Vice Chairman of the Committee to give us a further explanation as to the reasons they would want to delete the phrase “materially interested”. This is because the sponsors of the Bill gave them a drafting instruction, and they had something in mind concerning what they wanted to achieve. So the Hon Chairman of the Committee may explain to us what transpired at the Committee meeting, and why they would want to delete the phrase; “materially interested,” so that we could follow him.
    Mr Abban 4:03 p.m.
    Mr Speaker, we did not want to give room for any kind of conflict of interest whatsoever, so that somebody may not say that something is not very material and so, even if they were interested, they were not going
    to say it. So the word “material”, could lead to a room where people could manipulate, so we decided that we would take off the word “material” from it, so that whatever conflict of interest situation is conflict of interest situation.
    Mr Ahiafor 4:03 p.m.
    Mr Speaker, in addition to what the Hon Chairman has just said, who would determine the material interest? So the word used here directly or indirectly covers the situation. We either have a direct or an indirect interest, and once we have a direct or an indirect interest, irrespective of the use of “material”, the meaning is very clear, and it is elegant this way.
    rose
    Mr Second Deputy Speaker 4:03 p.m.
    Yes, Hon Ranking Member?
    Alhaji I.A.B. Fuseini 4:03 p.m.
    Mr Speaker, this is a Bill that is supposed to promote transparency in doing business in Ghana. So we do not want to subject this Bill to subjective interpretations of any person. So it is objective. Does a person have interest? It could be a yes, and that would be all.
    Mr Second Deputy Speaker 4:03 p.m.
    The challenge here is that the person to determine it initially is the director. It is the director who would take that decision, so words should not be used to becloud the view of the directors in determining whether they have interest, either direct or indirect. If we say material, then as rightly stated, it
    becomes the subjective consideration of the directors themselves, and they would always definitely exercise that in their favour.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 4:03 p.m.
    Hon Members, the Hon Vice Chairman would take further proposed amendments.
    Mr Abban 4:03 p.m.
    Mr Speaker, I beg to move, clause 194, subclause (6), lines 2 and 3, delete “passage of the approving resolution, declare” and insert “consideration of the matter, disclose”.
    Mr Speaker, the new rendition would be captured as 4:03 p.m.
    “In the case of a proposed contract in which the director is personally interested, the director shall, before the consideration of the matter disclose the nature and extent of the director's interest in the proposed contract at a meeting of directors or by written notice given to the directors and shall cause that interest to be registered in the Interests Register and to be disclosed to the Board of the company in accordance with section 195.”
    Mr Second Deputy Speaker 4:13 p.m.
    Hon Vice Chairman of the Committee, I thought that you should have also
    Mr Second Deputy Speaker 4:13 p.m.


    considered the word “personally” where you said:

    “In the case of a proposed contract in which the director is personally interested…”
    Mr Abban 4:13 p.m.
    Mr Speaker, we should even delete “personally” so that it becomes broader, so that whether it is directly or indirectly, personal or through some other person, it can be captured by this.
    Mr Second Deputy Speaker 4:13 p.m.
    Exactly. That is why I drew your attention to get that one too deleted.
    Mr Abban 4:13 p.m.
    Mr Speaker, I am guided, and we propose that the word, “personally”, which comes before the “interested” should be deleted.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 4:13 p.m.
    Hon Members, we have a further proposed amendment to clause 194.
    Mr Abban 4:13 p.m.
    Mr Speaker, I beg to move, clause 194, subclause (7), delete and insert the following:
    “A director who is interested in a matter for consideration at a meeting shall not be present at the meeting at which that matter is to be considered nor vote at that meeting and the alternate director shall neither be present nor vote at that meeting.”
    Mr Second Deputy Speaker 4:13 p.m.
    The Committee would have to reconsider it because the director is to be at the meeting and to declare the interest. It is not necessary that he would only write to the meeting, but he could be personally present there and declare that he has an interest in that matter because there are other matters before the meeting; it is not only one. A number of items would be considered and when it comes to an item that the director has an interest in, then he would disclose at the meeting.
    Mr Abban 4:13 p.m.
    Mr Speaker, we are guided. I believe that we presumed a lot into it as though he has already declared and that is why he is not to be present. On the basis of your guidance, I believe we can stand that down and have it better or we can let the draftspersons deal with it.
    rose
    Mr Second Deputy Speaker 4:13 p.m.
    Let me listen to the Hon Ranking Member and come to you.
    Alhaji I.A.B. Fuseini 4:13 p.m.
    Mr Speaker, it is true that the director has to be present, but that is the sense in which we drafted this for the consideration of that matter. Our intendment was:
    “A director who is interested in a matter for consideration in a meeting shall not be present at the meeting at which the matter is to be considered.”
    That is why we amended clause 194(6), lines 2 and 3.
    Mr Second Deputy Speaker 4:13 p.m.
    Hon Ranking Member, if you are talking about the person who has an interest recusing himself when that item is being discussed, it is different from what you put down there -- not being present at the meeting. You would have to reword it.
    Alhaji I.A.B. Fuseini 4:13 p.m.
    Mr Speaker, your thoughts are exactly what we considered, but we did not want to use “recuse” and confuse people the more.
    Mr Second Deputy Speaker 4:13 p.m.
    Hon Member, “recuse” is a common word. I do not think it would confuse people.
    Alhaji I.A.B. Fuseini 4:13 p.m.
    If my senior at the Bar says “recuse” is a common word, who am I to argue?
    Mr Second Deputy Speaker 4:13 p.m.
    Let us redraft it and make it clearer.
    Hon Boamah, is that why you were on your feet?
    Mr Boamah 4:13 p.m.
    Rightly so, Mr Speaker. I thought of “recuse”.
    Mr Second Deputy Speaker 4:13 p.m.
    Hon Acheampong, are you also satisfied?
    Mr R. Acheampong 4:13 p.m.
    Mr Speaker, we do not know what the draftsperson would bring. When it comes up, we would look at it and see if it would suit our interest.
    Mr Second Deputy Speaker 4:13 p.m.
    Did you say if it suits your interest?
    Mr R. Acheampong 4:13 p.m.
    Yes, Mr Speaker or it will satisfy --
    Mr Second Deputy Speaker 4:13 p.m.
    Are we considering your interest?
    Mr R. Acheampong 4:13 p.m.
    The interest of the House.
    Mr Speaker, there might be several issues to be discussed at the meeting so if a director has an interest in a particular one and we say he should not attend the particular meeting, what about the other deliberations that would take place?
    Even if the director is not at the meeting, what is the basis for him voting? If he is not there, he has no right to vote, so they even need to redraft it so that -- [Interruption.] He would be there and he would recuse himself from the meeting.
    Mr Second Deputy Speaker 4:13 p.m.
    We could just draft it to say:
    “A director who is interested in a matter for consideration at a meeting shall recuse himself or herself when that matter is being considered nor vote on that matter and the alternative director shall neither be present nor vote on that item.”
    Mr R. Acheampong 4:13 p.m.
    Mr Speaker, further to that, once the director recuses himself, he is not there to even cast his ballot so the voting aspect would not even come to play.
    Mr Second Deputy Speaker 4:13 p.m.
    You are right.
    Mr R. Acheampong 4:13 p.m.
    Those who would be considered to cast their ballot would be those who would be present. If one is not there, voting does not come in at all.
    Mr Second Deputy Speaker 4:13 p.m.
    Even though you are right, it is partial because sometimes, in counting the votes, they may count that one as absent or present, and they would not even want that to be counted. We just want to make it clear that the director with interest in a matter is only not to vote because when those who attended the meeting are being counted, definitely, he would be counted, but on that item, he would not vote by virtue of the legal position. The counting is not only those who vote.
    Mr R. Acheampong 4:13 p.m.
    Mr Speaker, there is a difference between attendance and those taking a decision or those who are there to be counted for supporting or disagreeing with the decision. There would be an attendance list; the director would be part of the process, but when that issue comes up, he would recuse himself. So at that particular moment, he would not be there to be counted. He would not be part of the members who were present to be counted.
    The director attended the meeting all right, an issue came up and he recused himself. So during that counting, he would not be there. Right now, as I speak, if we were to count Hon Members who are present, those who came in the morning would not be counted because at this material moment, they are not part of us. Though they came in the morning, when we took a decision, they were not part of us.
    4. 23 p. m.
    Alhaji I.A.B.Fuseini 4:13 p.m.
    Mr Speaker, the director should not be there and should not vote. The vote we are talking about is not putting a ballot paper in an envelope and dropping it in a box. If one recuses himself from the Chamber of Parliament and sits in the coffee shop, where we have electronic voting here and he has the device. he can still vote. We are just making a law to prevent anybody --
    Mr Speaker, even originally, Prof Gower has said that the director should not be present and he should not vote. That is the original formulation.. Indeed, in one other rendition, it says the director should not be present, should not speak and he should not vote — [Laughter.] and at that time that he said so in 1963, he knew that we had not even moved to electronic voting, but he said the director should not vote.
    So we have always known that one might not be present in the meeting but there could be an opportunity to vote. And he even says, if he so votes, the vote should not be counted. That is why we are saying that ‘he should
    Mr Ahiafor 4:13 p.m.
    Mr Speaker, could we be guided by the recent Bills that we passed? I hold in my hand the Ghana Iron and Steel Development Corporation Bill, 2019. Clause 9 -- Disclosure of interest. It says:
    “A member of the Board who has an interest in a matter for consideration by the Board, shall disclose in writing, the nature of the interest and he is disqualified from participating from the deliberations of the Board in respect of that matter.”
    Mr Speaker, so one does not participate at all; one is disqualified from participating in the deliberations in respect of the matter.
    I also pick the State Interest and Governance Authority Bill, 2019, which we have just passed into law. It also talks about disclosure of interest:
    “A member of the Board who has an interest in a matter for consideration by the Board, shall disclose in writing, the nature of that interest and is disqualified from participating in the deliberations of the Board in respect of that matter.”
    The word used is ‘disqualification'. Once one is disqualified, one would not be there; one cannot even have the right to vote.
    Mr Second Deputy Speaker 4:13 p.m.
    Yes, Hon Vice Chairman, I think these earlier provisions have thrown some light on it and I believe they are worthy of consideration. What do you say?
    Mr Abban 4:13 p.m.
    Mr Speaker, that is so; I believe we could adopt one of those and tinker it well to fit this purpose.
    Mr Second Deputy Speaker 4:13 p.m.
    Particularly, the second one.
    Mr Abban 4:13 p.m.
    Mr Speaker, my learned Friend could help us with the rendition so that we could deal with it quickly.
    Mr Ahiafor 4:13 p.m.
    Mr Speaker, the second one states:
    “A member of the Board who has an interest in a matter for consideration by the Board, shall disclose in writing, the nature of that interest and is disqualified from participating in the deliberations of the Board in respect of that matter.”
    So in this case, we would use the ‘director'.
    “A director of the Board who has an interest in a matter for consideration by the Board, shall disclose in writing, the nature of that interest and is disqualified from participating in the deliberations of the Board in respect of that matter.”
    Mr Second Deputy Speaker 4:13 p.m.
    Is anybody getting the correct rendition down? [Pause.]
    Mr Mercer 4:13 p.m.
    Mr Speaker, I would rather urge the Hon Vice Chairman of the Committee to abandon the proposed amendment and stick to the original rendition because the disclosure of interest is actually captured in clause 195, which requires directors to disclose their interest to the company in writing.
    To my mind, this clause deals with voting or participating in the decision- making at the meeting which requires that one makes the disclosure and recuse oneself from taking part in the decision-making. And I think that the original rendition in clause 194(7) is sufficient and should not be tampered with at this stage.
    Alhaji I.A.B. Fuseini 4:13 p.m.
    Mr Speaker, I am tempted to support the amendment by my good Friend, the Member for Sekondi. Subclause (7) is very specific to the extent that it has already provided for a director to give notice of his interest in subclause (6). Subclause (7) is talking about voting, and if it is there, the director would not be able to participate because conflict of interest too has been dealt with; it should not be possible for the director to participate.
    Until we introduce ‘recuse', this particular provision has a dual meaning. It is the ‘recuse' that brought
    us closer to the intendment of what we sought to do. But again, we are running into difficulties. So I would pray that we abandon the amend- ment, keep the original, just delete ‘materially' because we had already done that, and then we are good to go.
    Mr Second Deputy Speaker 4:13 p.m.
    Hon Chairman, are you amenable to this proposal?
    Mr Abban 4:13 p.m.
    Mr Speaker, that is so, because that appears to be the sense of the House.
    Mr Second Deputy Speaker 4:13 p.m.
    Not just because that is the sense of the House but that should be the right thing to do because the sense of the House cannot be finally determined by you; it can only be determined by Mr Speaker.
    Mr Abban 4:13 p.m.
    Very well, without usurping your—
    Mr Second Deputy Speaker 4:13 p.m.
    So you would agree with that proposal.
    Hon Members, we would only delete ‘materially' in line 2 of subclause (7) and let the subclause remain as such.
    Mr Ahiafor 4:13 p.m.
    Mr Speaker, I do not agree with the deletion of the clause that we have considered. This
    is because clause 194 deals specifically with contracts in which directors are interested, but clause 195 is a general provision. I believe it must not be deleted because of the specific interest that the director is required to disclose, particularly, restricted to contracts.
    Mr Second Deputy Speaker 4:33 p.m.
    Yes, that is what we ended at; it should stay, but we would only delete “materially''.
    My attention has just been drawn to the fact that even though the director would not vote or might not even participate at the meeting, his or her presence could influence --
    Alhaji I.A.B. Fuseini 4:33 p.m.
    Mr Speaker, that would require a small amendment. After “be present'', the words “and not vote'' should be inserted.
    The new rendition would then be:
    “A director shall not be present and shall not vote in respect of a contract or an arrangement in which that director is interested and if the director does vote, the vote shall not be counted nor that director be counted in the quorum required for that business''.
    Mr Second Deputy Speaker 4:33 p.m.
    Hon Members, the Hon Ranking Member of the Committee has made
    a proposal, but I do not know whether it is acceptable to the House.
    “A director shall neither be present nor vote in respect of a contract''.
    Hon Members, or you do not prefer the terms “neither nor''. There is “shall not'' and “shall not'', and I do not want the repetition of it.
    Alhaji I.A.B. Fuseini 4:33 p.m.
    Mr Speaker, we want it to be expressed with the force that “shall'' always carry.
    I would want to propose a further amendment to read:
    “A director shall not be present or vote in respect of a contract or an arrangement in which that director is interested.''
    This amendment deletes “and if the director does vote''. The director should not be given an opportunity to vote and the vote not counted at all.
    “A director shall not be present or vote in respect of a contract or an arrangement in which that director is interested nor shall that director be counted in the quorum required for that business''.
    Mr Speaker, the second part is important because when that director leaves, there would be a need for the meeting to satisfy itself that there is a quorum. That director should not be counted as part of establishing whether the meeting had a quorum.
    Mr Second Deputy Speaker 4:33 p.m.
    Hon Members, the last rendition is:
    “A director shall not be present or vote in respect of a contract or an arrangement in which that director is interested nor shall that director be counted in the quorum required for that business''
    Is that acceptable?
    Mr R. Acheampong 4:33 p.m.
    Mr Speaker, that is correct because clause 195(b) says, and I beg to quote:
    “disclose that interest to the Board of the company at a meeting or by written notice given to the directors immediately after becoming aware of the fact of that interest''.
    The director would be at the meeting before he or she would be aware of his or her conflict of interest position. So with the proposed amendment, the director would not be counted as part of the quorum and cannot vote.
    Mr Second Deputy Speaker 4:33 p.m.
    Hon Bernard Ahiafor, is it the same?
    Mr Ahiafor 4:33 p.m.
    Mr Speaker, the director should be at the meeting to disclose his or her interest, and then after the disclosure --
    I have a new rendition, which is:
    “A director who is interested in a matter for consideration at a meeting after the disclosure of that interest, shall neither be present nor vote at the meeting at which the matter is to be considered and the alternate director shall neither be present nor vote at that meeting''.
    Mr Second Deputy Speaker 4:33 p.m.
    Clause 194(2) has addressed the first part of the disclosure. It says:
    “…shall declare the nature and extent of the interest at a meeting of the directors of the com- pany''.
    In other words, he would disclose that at extent of the meeting. That one has been taken care of, but now, we would want to deal with the decision. The rendition that has just been given captures that one before we would go to the mode of disclosure, which is what clause 195 deals with.

    I hope there is no conspiracy anywhere.

    Question put and amendment agreed to.
    Mr Ahiafor 4:33 p.m.
    Mr Speaker, before you put the Question on the whole of clause 194, clause 194(8) reads: “Subsection (7) does not apply to …”
    Mr Speaker, I beg to move, that instead of “Subsection (7) does not apply to …”, we say “Subsection (7) shall not apply to …” so that “shall” replaces “does”.
    Mr Second Deputy Speaker 4:33 p.m.
    Hon Vice Chairman, what do you say to that proposal?
    Mr Abban 4:33 p.m.
    Mr Speaker, I believe the proposed amendment is in order.
    Mr Second Deputy Speaker 4:33 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 194 as amended ordered stand part of the Bill.
    Clause 195 ordered to stand part of the Bill.
    Clause 196 -- Company to maintain Interests Register
    Mr Ahiafor 4:33 p.m.
    Mr Speaker, I beg to move, clause 196, subclause (1): “A company shall maintain an Interests Register which shall record the interests that directors disclosed”, and not “declare” under subsection (6) of section 194.
    Mr Second Deputy Speaker 4:33 p.m.
    When you read clause 194 subclause (6), the word used there is “disclosed”; initially, it was “declare”. It is the same in clause 194 (2). So you prefer “disclosed” to “declare”.
    Mr Ahiafor 4:43 p.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 4:43 p.m.
    Then we would give a directive that wherever “declare” appears in respect of giving information on interests or otherwise, we would prefer “dis- close”. So the draftsperson should consequentially give that rendition.
    Question put and amendment agreed to.
    Clause 196 as amended ordered to stand part of the Bill.
    Clause 197 -- Directors to act professionally
    Mr Abban 4:43 p.m.
    Mr Speaker, I beg to move, clause 197, line 1, delete “Unless otherwise provided in a company's constitution” and insert “Except otherwise provided in the constitution of a company”.
    Mr Speaker, this is a consequential amendment.
    Question put and amendment agreed to.
    Clause 197 as amended ordered to stand part of the Bill.
    Clause 198 -- Use of company information
    Mr Abban 4:43 p.m.
    Mr Speaker, I beg to move, clause 198, subclause (4), line 2, delete “subsection (4)” and insert “subsection (3)”.
    Mr Second Deputy Speaker 4:43 p.m.
    Hon Members, this is a straight- forward case.
    Question put and amendment agreed to.
    Clause 198 as amended ordered to stand part of the Bill.
    Clause 199 -- Civil liabilities for breach of duty
    Dr Agyeman-Rawlings 4:43 p.m.
    Mr Speaker, I beg to move, clause 199(a), line 2, delete “is” and insert “are”.
    Mr Speaker, “the director and any other person who knowingly participated in the breach are liable …” This is to bring an agreement between the subject and the verb in the sentence.
    Mr Second Deputy Speaker 4:43 p.m.
    Hon Vice Chairman, what do you say to the proposed amendment?
    Mr Abban 4:43 p.m.
    Mr Speaker, this is grammatical and I believe it is correct, so we would change “is” to “are”.
    Question put and amendment agreed to.
    Clause 199 as amended ordered to stand part of the Bill.
    Clause 200 -- Legal proceedings to enforce liabilities
    Mr Mercer 4:53 p.m.
    Mr Speaker, there is no advertised amendment to clause 200, but I have a short proposal to make.

    Mr Speaker, I beg to move, clause 200(5), line 3, insert “under section 205”, after “members”.
    Mr Ahiafor 4:53 p.m.
    Mr Speaker, clause 201 deals specifically with derivative action; the headnote states “Derivative actions”. And then clause 200 (5) states, with your permission, I quote:
    “Where proceedings are instituted by a member, that member may either bring a derivative action under section
    201…”
    Mr Speaker, so it cannot be clause 205. [Interruption.] All right, I have got it.
    Mr Abban 4:53 p.m.
    Mr Speaker, if I understood Hon Mercer, he rather
    made it clearer so that the two modes of action could be captured easily. Clause 201 deals with derivative actions, and clause 205 deals with representative action.
    He said that we should just introduce, “under section 205” to qualify the representative action that could be taken. So the rendition would be:
    “Where proceedings are instituted by a member, that member may either bring a derivative action under section 201 or may sue in a repre- sentative capacity on behalf of that member and all other members under section 205 except…”
    rose
    Mr Second Deputy Speaker 4:53 p.m.
    Sorry, Hon Ranking Member of the Committee, I was trying to check on clause 332.
    Alhaji I.A.B. Fuseini 4:53 p.m.
    Mr Speaker, it is right that we have to introduce to make it clearer, but where he puts “under section 205” should not be where it is. It should come immediately after “a representative capacity” to read:
    “Where proceedings are instituted by a member, that member may either bring a derivative action under section 201 or may sue in a representa- tive capacity under section 205 on behalf of that member and all
    other members under section 205 except…”
    Mr Speaker, clause 205 deals with representative action.
    Mr Second Deputy Speaker 4:53 p.m.
    Yes, I noted that “under section 201 or”, delete “may sue in”. We do not need that there because we are giving alternatives; either one brings the action on derivative capacity or representative capacity. So it would read:
    “Where proceedings are instituted by a member, that member may either bring a derivative action under section 201 or a representative action under section 205 on behalf of that member and all other members under section 205 except…”
    Hon Vice Chairman of the Committee, did you get the new rendition?
    Mr Abban 4:53 p.m.
    Mr Speaker, yes.
    Mr Second Deputy Speaker 4:53 p.m.
    So in line 2, we delete “may sue in”, and in line 3, delete “capacity” and insert “action under section 205”.
    Question put and amendment agreed to.
    Clause 200 as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 4:53 p.m.
    Hon Members, I think we should take an adjournment.

    Yes, available Hon Leader?
    Mr Moses Anim 4:53 p.m.
    Mr Speaker, rightly so; we are in your hands.
    Mr Second Deputy Speaker 4:53 p.m.
    Hon Members, we have come to the
    end of the Consideration Stage for the Companies Bill, 2018, for today.
    Hon members, the House stands adjourned till tomorrow at 10 o'clock in the forenoon.
    ADJOURNMENT 4:53 p.m.

  • The House was adjourned at 5.01 p.m. till Wednesday, 10th April, 2019, at 10.00 a.m.