Debates of 31 May 2019

MR SPEAKER
PRAYERS 10:59 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:59 a.m.
Mr Speaker 10:59 a.m.
Hon Members, Correction of the Votes and Proceedings of Thursday, 30th May,
2019.
Pages 1…10
Mr Samuel O. Ablakwa 10:59 a.m.
Mr Speaker, item numbered 7 on page 10, it should be the “National Democratic Congress”, not “National Democratic Congress Party”, so please delete “Party”. This is a very important one.
It is the NPP which is the New Patriotic Party, but we are National Democratic Congress.
Thank you, Mr Speaker.
Mr Speaker 10:59 a.m.
Thank you very much. The Congress which attends political party meetings -- [Laughter] --
Pages 13…20
Hon Members, the Votes and Proceedings of Thursday, 30th May, 2019, as corrected are hereby adopted as a true record of proceedings.
Hon Members, we have the Official Report dated 2nd April, 2019. Any corrections?
Mr Speaker 10:59 a.m.
We also have the Official Report of 3rd April, 2019, for your consideration.
Mr Speaker 10:59 a.m.
Item listed 3, Business Statement for the Second Week. Chairman of the Business Committee, Hon Leader of the House?
Mr Osei Kyei-Mensah-Bonsu 10:59 a.m.
Mr Speaker, could we stand that one down for the time being? There is a
minor mix-up that they are working on. I believe it would be here in the next 10 minutes, so could we stand it down and do item listed 5?
Mr Speaker 10:59 a.m.
Item listed 5, at the Commencement of Public Business.
Item 5 (a), Minister for Local Government?
Mr Kyei-Mensah-Bonsu 10:59 a.m.
Mr Speaker, the Hon Minister is on a schedule outside Accra. The Hon Deputy Minister is here to hold the fort for the substantive Minister, so if we could indulge him.
Mr Speaker 10:59 a.m.
Thank you, he may.
PAPERS 10:59 a.m.
Mr Speaker 10:59 a.m.
Item number 5 (b)?
Mr Kyei-Mensah-Bonsu 11:09 a.m.
Mr Speaker, unfortunately, the Hon
Minister is also outside Accra on a very important assignment, and I would crave your indulgence to have the Hon Minister responsible for Planning to do the presentation of the Paper on behalf of the Hon Minister.
rose
Mr Speaker 11:09 a.m.
Yes, Hon Minority Leader?
Mr Iddrisu 11:09 a.m.
Mr Speaker, ordinarily, one should have no difficulty, but I have not often seen the Hon Minister for Business Development attend to this House. I see him in this House during the reading of the State of the Nation Address, and during the reading of Budget Statements. He must be encouraged to also be interested in the work of Parliament, particularly because this has to do with budget performance report, which is at the core of our exercise of oversight. With these few words, we would accommodate our Hon Professor to do so on his behalf.
Mr Speaker 11:09 a.m.
Thank you very much.
Mr Speaker 11:09 a.m.


Yes, Hon Professor, you may do so.

By the Minister for Planning (Prof. George Yaw Gyan-Baffour) (on behalf of the Hon Minister for Business Development) --

Budget Performance Report in Respect of the Ministry of Business Development for the Period January to December 2018.

Referred to the Committee on Finance.
Mr Speaker 11:09 a.m.
Hon Majority Leader, where do we go from here?
Hon Majority Leader, do we take the item numbered 6, or take the Business Statement?
Mr Kyei-Mensah-Bonsu 11:09 a.m.
Mr Speaker, I believe that --
[Pause] --
Mr Speaker, the Hon Chairman of the Committee is not here, but I believe we could take the item numbered 6, which is the National Road Safety Authority Bill, 2019, at the Consideration Stage, and do at least one or two provisions while we wait for the Business Statement.
Mr Speaker 11:09 a.m.
Hon Majority Leader, you did not address me?
Mr Kyei-Mensah-Bonsu 11:09 a.m.
Mr Speaker, I indeed addressed you.
Mr Speaker 11:09 a.m.
I did not get that impression.
Mr Kyei-Mensah-Bonsu 11:09 a.m.
Mr Speaker, I said that we are not through with the Business Statement yet, so while we wait, we could take the item numbered 6.
Mr Speaker 11:09 a.m.
All right, very well.
Hon Members, we would go on to the item numbered 6 -- National Road Safety Authority Bill, 2019,. at the Consideration Stage.
Mr Kyei-Mensah-Bonsu 11:09 a.m.
Mr Speaker, respectfully, they have just brought the Business Statement to me, so I believe we could go back to take that one.
Mr Speaker 11:09 a.m.
Has the Business Statement arrived by air?
Mr Kyei-Mensah-Bonsu 11:09 a.m.
Yes, Mr Speaker.
Mr Speaker 11:09 a.m.
Very well, let us tackle it.
BUSINESS OF THE HOUSE 11:09 a.m.
Mr Simon Acheampong Tampi (Tatale/Sanguli) 11:09 a.m.
To ask the Minister for Employment and Labour Relations why some beneficiaries of NYEA in the Tatale/Sanguli have not been paid their allowances for seven months.
Statements --
Motions --
(a) Adoption of the Report of the Public Accounts Committee on the Report of the Auditor- General on the Public Accounts of Ghana (Pre- University Educational Institutions) for the Financial Year Ended 31st December,
2015.
Mr Speaker 11:09 a.m.
Thank you very much, Hon Majority Leader of the House.
Yes, Hon Member?
Mr Ras Mubarak (NDC -- Kumbungu) 11:09 a.m.
Thank you very much, Mr Speaker. I would like to find out from the Hon Leader of the House if it is the principle that Questions that may have been filed in the last Meeting of the Session are currently invalid? There are quite a number of Questions that are pending and in the Business of the House for next week, I do not see that a lot of those Questions have been tabled. So, I am wondering if those Questions that were filed in the last Meeting are currently invalid.
Mr Speaker 11:09 a.m.
Hon Samuel Okudzeto Ablakwa?
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 11:09 a.m.
Thank you very much, Mr Speaker. I commend the Hon Majority Leader and Hon Chairman of the Business Committee for the presentation.
Mr Speaker, I have two issues to raise 11:09 a.m.
the first being the proposed Joint Caucus meeting last week. Sorry, Mr Speaker. On Tuesday, 28th May, 2019, it was in the Business Statement
that we would hold a Joint Caucus meeting this week, preferably, on Wednesday. It did not take place and I was anticipating that it would feature for the ensuing week but the Hon Majority Leader is silent on that.
There are quite a number of issues we would want to raise at the Joint Caucus meeting, so I would like to find out from the Hon Majority Leader if there is a possibility of us having a Joint Caucus meeting or the idea has been abandoned for now.
Mr Speaker, finally, I have been going through the Agenda for this Meeting and there are at least 48 Questions that have been advertised. This week, there were no Questions for Hon Ministers; in the ensuing week, there are only three Questions for two Ministers.
I am just wondering if we are making the best of the time. I would have thought that the Business Committee could programme a lot more Questions so that we could at least clear the backlog. There are a lot of Questions in the pipeline and if we continue at this rate, my fear is that we would be coming to the end of this Meeting and there would be so many Questions outstanding. So the Hon Majority Leader should kindly
look at that and increase the number of Questions that we are to consider in a week.
Mr Speaker, I thank you very much.
Mr Speaker 11:09 a.m.
Thank you very much, Hon Okudzeto Ablakwa.
Hon Minority Leader?
Minority Leader (Mr Haruna Iddrisu) 11:09 a.m.
Mr Speaker, thank you very much. As the Leader of the House has led us, we anticipate that Wednesday, would be Eid-ul-Fitr and therefore, in consistence with our national laws, it would be declared a national public holiday even though there is no certainty about it.
Mr Speaker, at the Business Committee, we have requested that the Leader of Government Business invites the Chairperson of the Electoral Commission to brief this House on preparations towards the District Assemblies Elections, matters of conduct of referendum on some Constitutional amendments, which are before us and more importantly, to ensure that she is respecting the letter and spirit of article 42 of the Constitution. From my information and under- standing, for the whole period of 2018, not a single Ghanaian who attained the
Mr Speaker 11:09 a.m.
Thank you very much, Hon Minority Leader.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:29 a.m.
Mr Speaker, the Hon Ras Mubarak wants to know whether Questions that were filed in the previous Meeting would not automatically migrate to this new Meeting. Mr Speaker that is not the practice.
The practice is that if an Hon Member files a Question and it is not Answered, and the Hon Member has interest, they give a signal to the Table Office and then, it would be followed through because some of them would have maybe become extinct for reasons of time. So, that is the practice.
Mr Speaker, the Hon Okudzeto wants to know what has become of the proposed Joint Caucus meeting that ought to have taken place this week.
Mr Speaker, the truth of the matter is that we proposed to have it last Wednesday. Unfortunately, the Hon Minority Leader was not around and when he entered the Chamber, he gave a signal that we should do it yesterday. It turned out that yesterday was so choked that we could not find space. I myself was so busy and he also had to attend some other meetings outside the precincts of Parliament.
So, at the Business Committee, we were looking for a date to do it. It does appear that when the Hon Minority Leader gets to Tamale over the weekend, it may be difficult for him to come back on Tuesday. Wednesday is Eid-ul-Fitr and I am not even too sure that he would be here on Thursday. So, we were struggling for space even though it is important for us to hold that meeting. So, just to give the signal that if we find sufficient
space, we may do it, perhaps, on Thursday, that is if the Hon Minority Leader is able to get back because it is important that he is present when the Joint Caucus meeting holds.
Mr Speaker, the other question that the Hon Member asked is about the fact that forty-eight (48) Questions have been advertised yet the Business Committee has programmed only two of them. And he requests that the Hon Majority Leader should increase the number of Questions.
Mr Speaker, I cannot increase the number of Questions. It would be for the Business Committee to do that. But the Business Committee can only act if the Questions have been admitted by Mr Speaker and they have been duly processed and transmitted to the various Hon Members and Ministries.
I am sure he was not here last week when the Table Officers at a meeting informed us that we had exhausted all those Questions that have been admitted by Mr Speaker in the previous Meeting, and they are dealing with new ones and they were about to process and transmit them to the Hon Ministers. It explains why we are only able to deal with only two Urgent Questions into next week.
If the Hon Ministers respond positively to those of them that have
been transmitted, we could make space for them.

You would realise that we dedicate Fridays to the Hon Minister for Roads and Highways. Nothing has been done for him because they have just been transmitted to him, so that is the situation.

Mr Speaker, the Hon Minority Leader raised an issue that happened at the Business Committee meeting. An Hon Member raised this issue about the need to bring the Chairperson of the Electoral Commission and the Governor of the Bank of Ghana to respond to us on some issues and I told them that I would have further consultations. It explains why we even had to delay the presentation of the Business Statement even though I spoke to the Table Officer who was with me, that we cannot do that.

Discussions that go on at the Business Committee level cannot find space on the Business Statement because the Business Committee does not generate its own agenda. That is why I said that we should have further engagement. Yes, the issues are very important and as a nation, we should know, but we should use the appropriate process, so that we do not truncate the process of
Mr Kyei-Mensah-Bonsu 11:29 a.m.


Mr Speaker, the Hon Member said I signed it. [Laughter.] I signed with the understanding that that portion would be taken off and when they have taken it off, they would bring it back to me for me to append my signature. That is why I told them that this portion should be taken out, and subject to that, I would sign. There is that understanding, so if you have any other communication to the contrary, it is patently and manifestly false. The truth is what I have told you.
Mr Kwame G. Agbodza 11:29 a.m.
Mr Speaker, I hoped the Hon Majority Leader would have given a definite date on which the Joint Caucus meeting would happen. The issues concerning the welfare of Hon Members of Parliament is a serious one. You can see that since Parliament reopened, the numbers in the House are unusually low. I was hoping that Leadership would take note of this and realise that, perhaps, there is an
underground problem which needs to be handled at a Joint Caucus meeting.
Mr Speaker, I feel that the Hon Majority Leader should confirm that, as quickly as possible, when next week starts, on Tuesday, perhaps, we should have a joint caucus meeting. We cannot express many of the things on this Floor openly. I think that there are issues to be dealt with and it is not satisfactory for us to say sometime next week. If possible, we want to have this meeting on next week Tuesday, so that we can address certain things.
Mr Speaker 11:29 a.m.
Hon Members, it is important for me to let you know that just yesterday, important matters of welfare, taken up at the appropriate quarters, were duly discussed. So, Hon Leaders are working, and I think that the Joint Caucus must also be able to give some reasonable results. The ground is not that quiet -- [Laughter] -- and I am aware of moves to ensure that those welfare matters are also addressed.
The Business Statement as presented is hereby admitted.
Mr Kyei-Mensah-Bonsu 11:29 a.m.
Mr Speaker, the need for the Joint Caucus Meeting goes beyond what Hon Agbodza has said. There are many very serious and important matters that we must discuss. That was why I said I would have wished that because we were not able to hold it this week, we could have done it on Tuesday.
I do not know whether the Hon Member was listening to me. The Hon Minority Leader signalled that he is going to Tamale and because of the Eid-ul-Fitr on Wednesday, it might be difficult for him to come back on Tuesday and then go back. That is what I said. I know that as it is said; “the snake bites when it is threatened” and I see their threats. [Laughter.] I see their threats and I have taken a cue. We have to meet and that was why I said possibly Thursday.
Mr Speaker 11:29 a.m.
Now, we would move to the Consideration Stage, if the mace could be duly adjusted. [Pause.]
Hon Members, item numbered 6, Consideration Stage of the National Road Safety Authority Bill, 2019.
BILLS -- CONSIDERATION 11:29 a.m.
STAGE 11:29 a.m.
Chairman of the Committee (Mr Samuel Ayeh-Paye) 11:29 a.m.
Mr Speaker, I beg to move, clause 5, subclause (3), line 2, before “addressed”, insert “by letter”.
Mr Speaker, it shall read 11:39 a.m.
“(3) A member of the Board may at any time resign from office by letter addressed to the President through the Minister”.
Mr Speaker 11:39 a.m.
In these days of multiple communication, shall we limit it by letters sent through the post offices?
Yes, Hon Yieleh Chireh?
Mr Chireh 11:39 a.m.
Mr Speaker, if one receives a letter from his or her email, it is still a letter. So, this letter does not have to be one that is posted.
Question put and amendment agreed to.
Mr Ayeh-Paye 11:39 a.m.
Mr Speaker, I beg to move, clause 5, subclause (7), paragraph (a), delete “section 7(2)” and insert “subsection (2) of section
7”.
rose
Mr Speaker 11:39 a.m.
Hon Deputy Minority Leader?
Mr Avedzi 11:39 a.m.
Mr Speaker, the amendment proposed by the Hon Chairman of the Committee cannot be found in the Bill. It states, “… delete “section 7(2)”, but nothing like that pertains to paragraph (a).
Mr Speaker, could the Hon Chairman of the Committee come again and clarify the amendment he has proposed?
Mr Chireh 11:39 a.m.
Mr Speaker, section 7 has paragraphs (a), (b) and (c). Now, the Hon Chairman of the Committee wants to make the amendment under paragraph (a); but the Bill I have has the correct rendition, which he now tries to -- [Interruption.]
The correct one, “subsection (2) of section 7”, is already there. I do not know which Bill he is referring to.
Alhaji I. A. B. Fuseini 11:39 a.m.
Mr Speaker, the confusion is from the

Mr Speaker, what he is seeking to amend is already provided in the Bill, so he is reading from a completely different Bill from what was laid in this House.
Mr Speaker 11:39 a.m.
Hon Chairman of the Committee, how many Bills do we have here? Apparently, we are not singing from the same hymn sheet.
Yes, Hon Dr Akoto-Osei?
Dr A. A. Osei 11:39 a.m.
Mr Speaker, the Hon Ranking Member of the Committee on Constitutional, Legal and Parliamentary Affairs has raised a very fundamental issue. I would want to suggest that we discontinue with the Consideration because if, as a matter of fact, there are two or three Bills, then we are on very dangerous grounds. It would be difficult to follow all the amendments.
Mr Speaker 11:39 a.m.
Hon Majority Leader, you may be out to resolve the issue.
Mr Kyei-Mensah-Bonsu 11:39 a.m.
Mr Speaker, the proposed amendment really is in the new Bill, so it is not necessary.
However, even the amendment as it stands, when it says, “subclause (7), paragraph (a), delete “section 7(2)” and insert “subsection (2) of section 7"; the value is the same. It did not even call for any amendment.
Mr Speaker, I believe we can leave it. So he should abandon the amendment and then we move on.
Mr Speaker 11:39 a.m.
Hon Chairman of the Committee, so where do we go from here?
Mr Ayeh-Paye 11:39 a.m.
Mr Speaker, I beg to withdraw the amendment by leave of the House so that we can make progress.
Mr Speaker 11:39 a.m.
There is a further amendment to clause 5: item numbered (iii).
Mr Ayeh-Paye 11:39 a.m.
Mr Speaker, I beg to move, clause 5, subclause (7), closing phrase, lines 1 and 2, delete “a person to fill the vacancy” and insert “another person to complete the unexpired term in accordance with this Act”.
Mr Speaker 11:39 a.m.
So, how would it read in totality and for what reason?
Mr Ayeh-Paye 11:39 a.m.
Mr Speaker, it would read:
“Where there is a vacancy…the Minister shall notify the President of the vacancy and the President shall appoint another person to complete the unexpired term in accordance with this Act.”
Mr Kyei-Mensah-Bonsu 11:39 a.m.
Mr Speaker, I just discussed with the Hon Chairman of the Committee that we are dealing with this new Bill. So the concluding phrase, “in accordance with this Act”, is not necessary.
So, it could read, with your permission:
“…the President shall appoint another person to complete the unexpired term.”
Certainly, it would be in accordance with the Act when passed.
Mr Chireh 11:49 a.m.
Mr Speaker, I think that it is necessary because if we look at the composition of the Board, filling the vacancy becomes an issue.
Mr Iddrisu 11:49 a.m.
Mr Speaker, I believe that we should support the Hon Chairman's amendment, “in accordance with this Act”. It does not take anything from this Bill.
Mr Speaker, speaking from experience, when I was the Hon Minister for Communications, which was where you were, there was an instance where the President had to nominate persons to the National Communica- tions Authority (NCA).
The law required a representative from the National Security Council (NSC). I got a nomination for somebody outside the NSC, but worked within the defence portfolio, and that could not be in accord with the Act.
Again, one day, I got corres- pondence from the Ghana Post Company Limited. While the law provided for a membership of seven, I got names of up to nine. In fact, even today, somebody still bears a grudge with me that he was denied the opportunity to serve on the Board. “In accordance with the Act” will be consistent with it.
Mr Speaker, so I support the Hon Chairman's amendment.
Mr Speaker 11:49 a.m.
From experience, Hon Chairman, kindly repeat your amendment and let us vote on it. After the discussion, Hon Members may have lost the essence.
Mr Ayeh-Paye 11:49 a.m.
Mr Speaker, the new rendition will then read:
“… the Minister shall notify the President of the vacancy and the President shall appoint another person to complete the unexpired term in accordance with this Act”.
Question put and amendment agreed to.
Clause 5 as amended ordered to stand part of the Bill.
Clause 6 -- Meetings of the Board
Mr Ayeh-Paye 11:49 a.m.
Mr Speaker, I beg to move, clause 6, subclause (1), delete “the times and in the places” and insert “a time and place”.
Mr Speaker, it will then read 11:49 a.m.
“The Board shall meet at least once every three months for the despatch of business at a time and place determined by the chairperson.”
Mr Ahiafor 11:49 a.m.
Mr Speaker, I support the Hon Chairman's amendment as it is in line with our drafting style; it is in the singular.
Question put and amendment agreed to.
Mr Ayeh-Paye 11:49 a.m.
Mr Speaker, I beg to move, clause 6, subclause (2), line 2, delete “five” and insert “seven”.
Mr Speaker, it will read 11:49 a.m.
“The chairperson shall, at the request in writing of not less than seven of the members of the Board, convene an extraor- dinary meeting of the Board at the place and time determined by the chairperson”.
Mr Speaker, the number of members of the Board has been increased to 13. For that matter, we think that if we have seven members sitting for a meeting, it is in order.
Question put and amendment agreed to.
Mr Ayeh-Paye 11:49 a.m.
Mr Speaker, I beg to move, clause 6, subclause (3), delete “at” and insert “for”.
Mr Speaker, that will read 11:49 a.m.
“The quorum for a meeting of the Board is seven members of the Board.”
Mr Agbodza 11:49 a.m.
Mr Speaker, I just want to draw the attention of the Hon Chairman to the fact that at yesterday's winnowing, the Hon Minister considered increasing the number of members of the Board based on the fact that some other agencies necessarily needed to be part of the Board to make it work.
So, has the Hon Chairman taken that into account? Would he want to
Mr Agbodza 11:49 a.m.


consider flagging this until the Hon Minister confirms what he talked about yesterday, or he would want us to go this way?
Mr Kyei-Mensah-Bonsu 11:49 a.m.
Mr Speaker, Parliament is fashioning this Bill. The proposed amendment before us is a 13-member Board. On that account, we are determining that the quorate number should be more than one-half of it, which is seven.
If the Hon Minister comes with some additional proposals and it needs the satisfaction of Parliament and we increase it accordingly, we will come to this place, take it through a Second Consideration and do the necessary adjustment.
Mr Speaker, for now, his own thinking cannot influence this House because there is nothing before us. It exists in the imagination of the Hon Minister we are dealing with.
Mr Speaker 11:49 a.m.
Shall we move on?
Question put and amendment agreed to.
Mr Ayeh-Paye 11:49 a.m.
Mr Speaker, I beg to move, clause 6, subclause (4), line 1, delete “meetings” and insert “a meeting”.
Mr Speaker, so that will read 11:59 a.m.
“(4) The chairperson shall preside at a meeting of the Board and in the absence of the chairperson, a member of the Board elected by members present from among their number shall preside.”

Mr Speaker, the amendment changes “meetings” to “a meeting”.

Question put and amendment agreed to.
Mr Ayeh-Paye 11:59 a.m.
Mr Speaker, I beg to move, clause 6, subclause (5), line 1, delete “Matters” and insert “A matter”.
So, the new rendition would read:
“A matter before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.”
Question put and amendment agreed to.
Mr Ayeh-Paye 11:59 a.m.
Mr Speaker, I beg to move, clause 6, subclause (7), delete “its meetings” and insert “meetings of the Board”.
Mr Speaker, the draftpersons advised us not to draft in the possessive pronoun.
Mr Speaker 11:59 a.m.
Please, read the end result if it falls kindly in the ears of Hon Members.
Mr Ayeh-Paye 11:59 a.m.
So, Mr Speaker, subclause (7) would then read:
“Subject to this Act, the Board may determine the procedure for meetings of the Board.”
Mr Agbodza 11:59 a.m.
Mr Speaker, I just would want to urge my Hon Chairman to take the rendition. It is not supposed to read “Subject to this Act”. It is rather supposed to read “Subject to this section”. [Interruption.]
Mr Ayeh-Paye 11:59 a.m.
Mr Speaker, it is “Subject to this Act” but not “Subject to this section”.
Mr Speaker 11:59 a.m.
Hon Member for Adaklu, are you satisfied?
Mr Agbodza 11:59 a.m.
Yes, Mr Speaker.
Question put and amendment agreed to.
Mr Speaker 11:59 a.m.
Hon Chairman and Hon Member for Adaklu, are you singing from the same hymn sheet?
Mr Ayeh-Paye 11:59 a.m.
Thank you, Mr Speaker.
There is a mix-up here, so I would want to drop the amendment captured as the item numbered 6(x).
Mr Speaker 11:59 a.m.
Hon Chairman, would you want to drop the amendment captured as the item numbered 6(ix) or what? Which amendment are you talking about at this stage?
Mr Ayeh-Paye 11:59 a.m.
Mr Speaker, on the Order Paper it is line 3 rather.
So, I beg to move, subclause (1), at the end of line (3), delete “the”.
The new rendition then reads:
“7. (1) A member of the Board --”
Mr Speaker 11:59 a.m.
Hon Chairman, I would want to be clear in my mind. Are we dealing with clause 6?
Mr Ayeh-Paye 11:59 a.m.
Mr Speaker, we are dealing with clause 7.
Mr Speaker 11:59 a.m.
No. We have not come to clause 7 because if you and the Hon Member for Adaklu agree, I would want to put the Question on clause 6 as a whole.

Clause 6 as amended ordered to stand part of the Bill.

Clause 7, Disclosure of interest
Mr Ayeh-Paye 11:59 a.m.
Mr Speaker, I beg to move, clause 7, subclause (1), at end of line 3, delete “the”.
Mr Speaker, the new rendition then reads 11:59 a.m.
“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 deliberation of Boards in respect of that matter.”
Mr Speaker 11:59 a.m.
Hon Member, do you have a different viewpoint?
Mr Banda 11:59 a.m.
Mr Speaker, “the”, which is being deleted, is rather the definite article that comes immediately before “deliberations”.
Mr Speaker, the reason is simple. This is the first time “deliberation” is mentioned in the section, so we could not have used “the” to qualify “deliberations”. The first time “deliberations” is mentioned is in the third line of the section, so it would
Mr Speaker 11:59 a.m.
Hon Chairman, read the combined effect of the amendment.
Mr Ayeh-Paye 12:09 p.m.
Mr Speaker, I would want to take the amendment again. There is a small mistake in the Order Paper.
I beg to move, clause 7, subclause (1), line (3), before “deliberations”, delete “the”.
The new rendition would read:
“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 deliberation of Boards in respect of that matter.”
Question put and amendment agreed to.
Mr Ayeh-Payer 12:09 p.m.
Mr Speaker, I beg to move, clause 7, add the following new subclause:
“(2)Where in the course of deliberation of the Board, a member of the Board or another member realises that a member has an interest in a matter that is to be or is being considered, that member shall
(a)disclose to the Board orally, the nature of the interest;
(b)be recused from the deliberations of the Board in respect of the matter; and
(c)not participate in the deliberations of the Board in respect of the matter.”
M r R o c k s o n - N e l s o n E . K. Dafeamekpor: Mr Speaker, I am in support of the present amendment, save that we have carved similar clauses in this House in the laws that we recently promulgated. So, it has to be “in the course of the deliberation”.
Mr Speaker 12:09 p.m.
“Where in the course of deliberation…” that is the beginning of subclause (2).
Mr Banda 12:09 p.m.
Mr Speaker, the amendment is in order, except that in the first line of the proposed
amendment, “deliberations” is what we have been using. So, instead of “deliberation”, we should rather use “the deliberations of the Board”. So, it would read:
“Where in the course of the deliberations of the Board…” instead of “Where in the course of deliberation…”, so we should insert “the” and “deliberation” should be plural. The word “deliberations” has already been used in clause 6 of the Bill. In clause 7(1), it has been used.
Mr Speaker 12:09 p.m.
I would direct that the draftsperson should take steps to bring conformity with other parts of the Bill so that we do not debate “consideration” or “considerations” and so on, and then ensure uniformity. Otherwise, I would put the Question.
Mr Kyei-Mensah-Bonsu 12:09 p.m.
Mr Speaker, just a minor further amendment to the one proposed by the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs.
I think it should rather read: “Where in the course of deliberations…” The second definite article that he introduced is not necessary. It should be, “Where in the course of deliberations of the Board…”
Mr Kyei-Mensah-Bonsu 12:09 p.m.
Mr Speaker, that is exactly what we have done. We are very consistent with what we have been doing, and that should satisfy the Bill and Hon Dafeamekpor.
Question put and amendment agreed to.
Mr Ayeh-Paye 12:09 p.m.
Mr Speaker, I beg to move, clause 7, subclause (2), line 1, after “subsection (1)”, insert “or (2)”.
Mr Speaker, the new rendition would read 12:09 p.m.
“Where a Member contravenes subsection (1) or (2), the Chairperson shall notify the Minister who shall inform the President in writing to revoke the appointment of that member.”
Thank you, Mr Speaker.
Mr Kyei-Mensah-Bonsu 12:09 p.m.
Mr Speaker, it is just because what we did just now is introduced under clause 7(2), and it is supposed to take care of the new introduction. That is
why the Hon Chairman proposes the insertion of “or (2)”. This is a new subclause (2), and it should be captured.
Question put and amendment agreed to.
Mr Ayeh-Paye 12:09 p.m.
Mr Speaker, I beg to move, clause 7, subclause (3), line 2, before “benefit” delete “the” and insert “any” and in line 3, before “member” delete “a” and insert “the” and after “subsection (1)”, insert “or
(2)”.
Mr Speaker, it would then read 12:09 p.m.
“Without limiting any further course of action that may be instituted against the member, the Board shall recover any benefit derived by the member who contravenes subsection (1) or (2) in addition to the revocation of the appointment of the member.”
Thank you, Mr Speaker.
Question put and amendment agreed to.
Clause 7 as amended ordered to stand part of the Bill.
Clause 8 -- Establishment of Committees
Mr Ayeh-Paye 12:09 p.m.
Mr Speaker, I beg to move, clause 8 subclause (2), delete “only”.
Mr Speaker, so the new rendition would read 12:09 p.m.
“A committee composed exclusively of non-members is advisory”, so that we remove the “only”.
Mr Shaibu Mahama 12:19 p.m.
Mr Speaker, I think the deletion of “only” does not change anything. I think “only” actually makes it definite, and therefore, I propose that we leave it.
So it shall be: “A committee composed exclusively of non- members is advisory only”.
Mr Ahiafor 12:19 p.m.
Mr Speaker, I support my Hon Colleague that in the minds of the draftspersons, they want a committee composed exclusively of non-members to be giving only advice, so the “only” should be there in order not to create the impression that in addition to the advisory function, they can do other things.
So it is important to end the clause with “only”, so that it would be clear in the minds of everyone that apart from the advisory role, they cannot play any other role.
Mr Ayeh-Paye 12:19 p.m.
Mr Speaker, in most cases when we write cheques
to be cashed at the bank, in order to prevent anyone from adding anything, we add “only”.
I therefore drop my amendment for it to read; “A committee composed exclusively of non-members is advisory only”.
Mr Kyei-Mensah-Bonsu 12:19 p.m.
Mr Speaker, I agree that we should retain the word “only”, for a purpose other than what the Hon Chairman has indicated.
Mr Speaker, the reason is that all committees that are appointed by the board are advisory, except in this case where we are saying that if a committee is composed of Board members, there could be a possibility, given the exigencies of time, that the Board could authorise or delegate the committee to do some other business, perhaps to even cause an execution of an advice that they might have proffered to the Board. But where the committee is composed of non- members, it cannot go beyond that. They only serve in an advisory capacity.
That is why the retention of the word “only” is relevant in that context.
Mr Iddrisu 12:19 p.m.
Mr Speaker, I should have allowed you to put the Question, but the Hon Chairman's cedi and
Mr Ayeh-Paye 12:19 p.m.
Mr Speaker, I beg to move, clause 8, add the following new subclause:
“(#)A committee composed of members and non-members of the Board shall be chaired by a member of the Board”.
Question put and amendment agreed to.
Mr Agbodza 12:19 p.m.
Mr Speaker, clause 8(3) reads;
“section 7 applies to members of a committee of the board”.
Section 7 talks about disclosure of interest. Is it the case that when you have members who are not members of the Board but are serving on any of the sub-committees, it does not matter that they have interest in the case?
What if you have a sub-committee made up of only people who are non- members of the Board? If they have interest in a matter relative to what they are discussing, is it the case that you do not care whether or not they have interest in the matter under discussion at the sub-committee level?
Mr Chireh 12:19 p.m.
Mr Speaker, the problem I have with my Hon Colleague is that the statement says clause 7 applies to members of the committee on the Board. What does section 7 say?
It is disclosure of interest for Board members, but if you are a member of a committee set up by the Board, you are obliged to obey what is in section 7. That is the meaning of it.
We cannot set different rules for the committee members. Whether you are already a member of the Board or you are not a member of the Board, once you are a member of the committee, you are bound by the same rules.
Mr Speaker 12:19 p.m.
And in fact, these are codified for just emphasis, because even where they are not in a particular law, you cannot be part of the decision in a matter that you have an interest in even if it does not appear.
So Hon Yieleh Chireh has made it clearer still.
Mr Iddrisu 12:19 p.m.
Mr Speaker, for our Hon Colleague Kwame Agbodza, this cures the mischief of the conflict of interest principle, which is important, because that opens the opportunity for abuses.
Mr Speaker 12:19 p.m.
Did we conclude by putting the Question? I just want to be sure.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 -- Allowances
Mr Ayeh-Paye 12:19 p.m.
Mr Speaker, I beg to move, clause 9, line 2, after “paid”, delete “the”.
The new rendition would read:
“members of the board and members of committees of the board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance”.
Mr Kyei-Mensah-Bonsu 12:19 p.m.
Mr Speaker, I really have no fixation about this, but I think if we retained the definite article there, it would not cause any injury to it.
The reason is that the allowances to be paid would have been proposed by the Minister. They would have had
some discussions with the Minister for Finance. In that case, it is pre- determined.
12: 29 p. m.
It is the allowances so proposed and agreed upon that must be paid. The removal of the definite article, to me, rather offends the principle in this. So it should be captured as: “…members of the Board and members of a committee of the Board shall be paid the allowances approved…”
Mr Speaker 12:19 p.m.
So, it should be captured as “…shall be paid the allowances…”
Hon Majority Leader, so you would want it to be captured as “…shall be paid the allowances…”
Mr Kyei-Mensah-Bonsu 12:19 p.m.
Mr Speaker, the definite article should be retained.
Mr Speaker 12:19 p.m.
This means that the definite article “the” should be retained.
Mr Kyei-Mensah-Bonsu 12:19 p.m.
That is so, Mr Speaker.
Mr S. Mahama 12:19 p.m.
Mr Speaker, I am in support of the Hon Majority Leader.
Mr Speaker, the reason why the definite article should be retained is that the allowances would have been predetermined anyway. So, if it is being paid, then it means that it is the predetermined allowances that are being paid. It should therefore be captured as “…the allowances approved by the Minister…”
Mr Ayeh-Paye 12:19 p.m.
Mr Speaker, I have listened to the Hon Leader of the House and --
Mr Speaker 12:19 p.m.
Hon Chairman, why should the word “allowances” be there? Sometimes, we find it being captured as “such allowances”, but with the use of the word “allowances,” without having previously introduced it --
rose
Mr Speaker 12:19 p.m.
Yes, Hon Yieleh Chireh?
Mr Chireh 12:19 p.m.
Mr Speaker, the reason we say the article “the” should be maintained is because if we look at it, they cannot be paid any other allowances apart from the one that the two Ministers would have agreed in their consultation to determine.
In this particular case, the organisations are sometimes categorised. So, when some of them belong to certain Boards, they get more than the others depending on whether it is a commercial entity which generates resources or not.
Mr Speaker, the reason the article “the” should be maintained is because it cannot be any other allowances except the allowances approved by the Minister in consultation with the Hon Minister for Finance.
Mr Ayeh-Paye 12:19 p.m.
Mr Speaker, I would therefore withdraw the amendment, so that you could put the Question on the clause.
Mr Chireh 12:19 p.m.
Mr Speaker, you would have to put the Question that, clause 9 be part of the Bill because there was no amendment.
Clause 9 ordered to stand part of the Bill.
Clause 10 -- Ministerial directives
Mr Ayeh-Paye 12:19 p.m.
Mr Speaker, I beg to move, clause 10, headnote, delete “Ministerial” and insert “Policy”.
Mr Speaker, the new rendition would then read 12:19 p.m.
“Policy directives”, and not “Ministerial directives.”
Mr Agbodza 12:19 p.m.
Mr Speaker, who else would direct the policy? I believe it is the Minister, so I am not sure whether this fundamentally changes anything.
It would definitely be the Minister who would direct policy. I am told it is for consistency, and that is all right, but the Hon Chairman should have explained that it is for the sake of consistency, and not because it changes anything.
Mr Ayeh-Paye 12:19 p.m.
Mr Speaker, at the winnowing section, the draft- persons made us understand that such is the style of the House, and so for consistency sake, we should change the word “Ministerial” to the word “policy”.
Those who are opposing this amendment were there, and they helped to push it. [Laughter.] The new rendition would therefore read: “policy directives.”
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill
Mr Speaker 12:19 p.m.
Hon Members, I have an indication that this would bring us to the end of the Consideration

Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:19 p.m.
Mr Speaker, given what we have committed ourselves to do today, I believe that we could take an adjournment at this time, for which reason, I would want to move that this House do adjourn until Tuesday at 10.00 a. m. in the forenoon.
Mr Speaker, I so move.
rose
Mr Speaker 12:19 p.m.
Hon Member, would you want to second the Motion? If so, then you would have to move to the front bench.
Hon Member, you should wait. If the Hon Yieleh Chireh is in motion, then you may as well wait.
Mr Chireh 12:19 p.m.
Mr Speaker, before I second the Motion, I would want to urge the Hon Majority Leader to let his backbenchers be interested in what we do here in the Chamber.
Mr Speaker 12:19 p.m.
Hon Yieleh Chireh, it has been well and truly said, typical of a senior senator, if we were to adopt the United States (US) approach to guide younger senators. Therefore, younger senators, be guided accordingly. [Laughter.]
Question put and motion agreed to.
ADJOURNMENT 12:19 p.m.