Debates of 26 Jul 2019

MR SPEAKER
PRAYERS 11:07 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:07 a.m.
Mr Speaker 11:07 a.m.
Hon Members, Correction of Votes and Proceedings of Thursday, 25th July, 2019.
Page 1…7 --
rose
Mr Speaker 11:07 a.m.
Yes, Hon Member?
Mr K. B. Adjei 11:07 a.m.
Mr Speaker, I was present yesterday, but I have been marked absent on page 7.
Mr Speaker 11:07 a.m.
Thank you very much.
Page 8…22
Hon Members, the Votes and Proceedings of Thursday, 25th July, 2019 as corrected, is hereby adopted as the true record of proceedings.
  • [No correction was made to the Official Report of Tuesday, 2nd July, 2019.]
    • Mr Speaker 11:07 a.m.
    Hon Members, item listed 3, Hon Chairman of the Business Committee?
    BUSINESS OF THE HOUSE 11:07 a.m.
    Mr Speaker, the Committee accordingly submits its Report as follows 11:07 a.m.
    Arrangement of Business
    Question(s)
    Mr Speaker, the Business Committee has scheduled the following Ministers to respond to Questions asked of them during the week:
    No. of Question(s)
    i. Minister for the Interior -- 1
    ii. Minister for Health -- 2
    iii. Minister for Agriculture -- 1
    iv. Minister for Youth and Sports -- 1
    v. Minister for Local Government and Rural Development -- 1
    vi. Minister for Special Development Initiatives -- 1
    vii. Attorney-General and Minister for Justice -- 1
    viii.Minister for Fisheries and Aquaculture -- 3
    ix. Minister for Energy -- 2
    x. Minister for Roads and Highways -- 1
    Total Number of Questions -- 14
    Mr Speaker, ten (10) Ministers are expected to attend upon the House to respond to fourteen (14) Questions during the week. The questions are of the following types:
    i. Urgent — 1;
    ii. Oral -- 13
    Mr Speaker, as I indicated last week to Hon Colleagues, we have been told that you have admitted additional Questions, and given the fact that the House is required to adjourn next week Friday, it is important to have as many of the Questions loaded upfront, so that responses could be given in particular,
    Mr Speaker, the Committee accordingly submits its Report as follows 11:07 a.m.
    given the fact that we would be on recess for close to three months.
    Statements
    Mr Speaker, pursuant to Order 70(2), Ministers of State may be permitted to make Statements of Government policy. Statements duly admitted by Mr Speaker may be made in the House by Hon Members in accordance with Order 72.
    Bills. Papers and Reports
    Mr Speaker, Bills may be presented to the House for First Reading in accordancc with Order 120. However, those of urgent nature may be taken through the various stages in one day in accordance with Order 119.
    Pursuant to Order 75, Papers for presentation to the House may be placed on the Order Paper for laying. Committee reports may also be presented to the House for consideration.
    Motions and Resolutions
    Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.
    Sitting On Monday/Extended Sittings
    Mr Speaker, the House is scheduled to sit on Monday, 29th July, 2019. The House may also Sit beyond the stipulated 2:00 p.m. when necessary during the week. It will become necessary for the House to Sit beyond 2.00 pm for the full course of the week.
    Mid-Year Review of the Budget
    Mr Speaker, the Hon Minister for Finance is expected to present the Mid-Year Review of the Budget Statement and Economic Policy of the Government of Ghana for the 2019 Financial Year on Monday, 29,th July,
    2019.
    Debate on the Motion is scheduled for Tuesday, 30th July, 2019 and is expected to conclude the same day. Hon Members are accordingly informed to prepare for a meaningful debate.
    Address by Visiting Speaker
    Mr Speaker, the Business Committee takes this opportunity to inform all Hon Members that on Wednesday, 31st July, 2019, the Speaker of the House of Repre-
    sentatives of the United States of Congress, the Hon Nancy Patricia Pelosi is scheduled to address the House at 10.00 a.m.
    Hon Members are urged to be punctual to grant audience to the august guest.
    Mr Speaker, the House is expected to adjourn sine die on Friday, 2nd August, 2019.
    Conclusion
    Mr Speaker, in accordance with Standing Order 160(2) and subject to Standing Order 53, the Committee submits to this Honourable House the order in which the Business of the House shall be taken during the week under consideration.

    Statements

    Motions --

    (a)That this Honourable House adopts the Mid-Year Review of the Budget Statement and Economic Policy of the Government of Ghana for the 2019 Financial Year.

    (b) Second Reading of Bills

    Constitution (Amendment) Bill, 2018

    Consideration Stage of Bills --

    University of Technology and Applied Sciences Bill, 2018. (Continuation)

    University of Business and Integrated Development Studies Bill, 2018.

    Committee sittings.

    Urgent Question --
    Mr James Agalga (Builsa North) 11:07 a.m.
    To ask the Minister for the Interior what measures the Government intends to put in place to deal with incidents of kidnapping of young women in the Western Region and other parts of the country.
    Questions --
    Q.621.Mr Philip Basoah (Kumawu): To ask the Minister for Health when construction work on the Kumawu District Hospital, which has been abandoned for more than two years, will resume.
    Mr James Agalga (Builsa North) 11:07 a.m.
    Q.622. Mr Joseph Yieleh Chireh (Wa West): To ask the Minister for Health why the Government appointed a Registrar for the Health Facilities Regulatory Agency who is not a practitioner with considerable experience and training as per the Health Institutions and Facilities Act, 2010 (Act 829).
    Statements
    Motions --
    That this Honourable House adopts the Mid-Year Review of the Budget Statement and Economic Policy of the Government of Ghana for the 2019 Financial Year.
    (Commencement/Conclusion of Debate).
    Consideration Stage of Bills --
    University of Technology and Applied Sciences Bill, 2018.
    (Continuation of debate)
    University of Business and Integrated Development Studies Bill, 2018. (Continuation of debate).
    Constitution (Amendment) Bill,
    2018.
    Committee sittings.

    Questions --

    Q.626. Mr Rockson-Nelson Etse Kwame Dafeamekpor (South Dayi): To ask the Minister for Agriculture what steps the Ministry has taken to revamp the Agricultural Deve- lopment Station at Kpeve in the South Dayi District of the Volta Region.

    Q.627. Mr Mohammed Abdul-Aziz (Mion): To ask the Minister for Youth and Sports when the Ministry will make public the full and final report on the Australia Commonwealth Games visa racketeering scandal.

    Q.630.Mr Twumasi Kwame Ampofo (Sene West): To ask the Minister for Local Government and Rural Development when con- struction works of market centres for the following communities in the Sene West Constituency will commence:

    (i) Kwame Danso (ii) Bantama (iii) Lemu (iv) Kyeamekrom (v) Tato Battor (vi) Lassi.

    Q.631.Mr Albert Akuka Alalzuuga (Garu): To ask the Minister for Special Development Initiatives the cost per dam under the Infrastructure for Poverty Eradication Programme (IPEP) in the three Northern Regions in 2017 and 2018.

    Q.632.Mr Mohammed Abdul-Aziz (Mion): To ask the Attorney-General and Minister for Justice the status of the investigation of the complaint made by H. E. the President against Mr. Kwesi Nyantakyi, the former President of the Ghana Football Association (GFA).

    Statements

    Motions --

    Third Reading of Bills

    Constitution (Amendment) Bill, 2018.

    Consideration Stage of Bills --

    University of Business and Integrated Development Studies Bill, 2018. (Continuation)

    Committee sittings.

    Questions --

    Q.618.Mr Frank Annoh- Dompreh (Nsawam- Adoagyiri): To ask the Minister for Fisheries and Aquaculture when the contractor involved in the restocking of selected dams and dugouts with four million catfish and fingerlings would be paid accordingly.

    Q.619.Mr Frank Annoh- Dompreh (Nsawam- Adoagyiri): To ask the Minister for Fisheries and Aquaculture what steps are being implemented to ultimately ensure that we have a waiver of tax on aquaculture input materials as a boost to the industry.

    Q.620. Mr Rockson-Nelson Etse Kwame Dafeamekpor (South Dayi): To ask the Minister for Fisheries and Aquaculture when the Tongor- Dzemeni fish landing site will be constructed.
    Mr James Agalga (Builsa North) 11:07 a.m.
    Q.633.Mr Ekow Hayford (Mfantseman): To ask the Minister for Energy when Hasowodze (a farming community) will be connected to the national grid.
    Q.634.Mr Ekow Hayford (Mfantseman): To ask the Minister for Energy the status of the Saltpond Off-shore Rig Decommissioning Project.
    Statements
    Consideration Stage of Bills --
    University of Business and Integrated Development Studies Bill,
    2018.
    (Continuation of debate)
    Committee sittings.

    Questions --

    Q.625.Ms Sophia Karen Ackuaku (Domeabra/Obom): To ask the Minister for Roads and Highways what steps the Ministry has taken to install road safety signs, including road markings, speed ramps, bus stops and street lights on the Kasoa - Amasaman - Obuom- Domeabra road.

    Statements

    Motions --

    Third Reading of Bills

    University of Technology and Applied Sciences Bill, 2018.

    University of Business and Integrated Development Studies Bill, 2018.

    The House is expected to Adjourn Sine Die.
    Mr Speaker 11:17 a.m.
    Thank you very much, Hon Majority Leader and Leader of the House.
    Hon Members, any comments?
    Yes, Hon Minority Chief Whip?
    Alhaji Mohammed-Mubarak Muntaka 11:17 a.m.
    Mr Speaker, when we resumed Sitting during the First Week, I drew the attention of the House to the fact that the Electoral Commission and the Governor of Bank of Ghana should be invited to appear before the House and the Hon Majority Leader said he would make efforts to get that done but we are
    Mr Kyei-Mensah-Bonsu 11:17 a.m.
    Mr Speaker, the Hon Minority Chief Whip indeed raised issues with the Electoral Commission and the Governor of Bank of Ghana and requested that we invite them to brief the House on some matters that he considers very salient but I do not remember that this request was made in the very First Week.
    Notwithstanding, the matter was raised at a Business Committee meeting and I was urged to have that feature in the Business Statement of
    the ensuing week. My response at the time was that we resort to the usual channel to have that done.
    This is because the Business Committee does not generate its own agenda for the House. These requests would have to be approved of by the House and it would then be sanctioned by the presiding Speaker in the Chair.
    So when I counselled that the usual channel would have to be resorted to, what I meant was that we use these appropriate channels.
    Unfortunately, it has been out of the House for some time because the advice was not heeded to but I recognised the fact that it is a genuine request and I believe that if it is sanctioned by the appropriate authority, the Business Committee would have no option than to comply.
    Mr Speaker, I thank you.
    Mr Speaker 11:17 a.m.
    On that note, the Business Statement is accordingly adopted.
    Hon Members, item numbered 4 -- Questions.
    Hon Minister for Roads and Highways, please, take the appropriate chair.
    URGENT QUESTION 11:17 a.m.
    Minister for Roads and Highways (Mr Kwasi Amoako- Attah) 11:17 a.m.
    Mr Speaker, the Sussan River currently crosses the road between Sisaakyi/Bomso and Anloga communities through collapsed wooden pedestrian bridges. The road therefore becomes inaccessible to pedestrians. The three wooden pedestrian bridges were constructed by the then Kumasi Metropolitan Assembly. The collapsed bridges are located in the newly created Oforikrom Municipality of the Ashanti Region.
    Current programme
    There is no major bridge cons- truction programme over the Sussan
    River to link Sisaakyi/Bomso and Anloga communities.
    Future programme
    Department of Urban Roads has already contacted the Hydrological Services Department of the Ministry of Works and Housing for hydrological and hydraulic data on the river to enable detailed engineering design of the bridges. Construction of the bridges over the River Sussan will be considered in the Ministry's budget for year 2020.
    Dr Marfo 11:26 a.m.
    Mr Speaker, I take consolation that at least, the Ministry has taken steps to do the engineering works, so we look forward to 2020.
    Mr Speaker 11:26 a.m.
    Question numbered 635 which stands in the name of the Hon Member for Biakoye.

    Question numbered 636 in the name of the Hon Member for Abura- Asebu-Kwamankese?
    Mr Suleman A. Sanid 11:26 a.m.
    Mr Speaker, the Hon Member for Abura- Asebu-Kwamankese has an emergency in his Constituency and he has asked me, with your permission, to ask the Question on his behalf.
    Mr Speaker 11:26 a.m.
    Please, proceed.
    ORAL ANSWERS TO 11:26 a.m.
    QUESTIONS 11:26 a.m.
    MINISTRY OF ROADS AND 11:26 a.m.
    HIGHWAYS 11:26 a.m.
    Alhaji Muntaka 11:26 a.m.
    Sorry, Mr Speaker, the Question numbered 635 has been skipped. It was called twice. Then my Hon Colleague was engaging me. With your permission, I was to ask that on behalf of my Hon Colleague who is being vetted today in his Constituency.
    Mr Speaker 11:26 a.m.
    But Hon Member, now that I have called another one, let us finish with it and come back to that.
    Alhaji Muntaka 11:26 a.m.
    All right, Mr Speaker.
    Mr Speaker 11:26 a.m.
    Hon Minister, please continue.
    Minister for Roads and Highway (Mr Kwasi Amoako- Attah) 11:26 a.m.
    I thank you, Mr Speaker. The Afrangwa to Abura Dunkwa road
    forms the Regional Road R80 and lies in the Mfantseman and Abura - Asebu - Kwamankese Districts of the Central Region.
    The road links the main Accra - Cape Coast and the Yamoransa - Assin Foso - Kumasi trunk roads at Afrangwa and Abura Dunkwa, respectively.
    The total length of the road is 21 kilometeres (Km.) Sixteen (16) km of the road section is gravel surface in a very poor state with a lot of gullies. The remaining five (5) km is bituminous surface in poor condition.
    Current programme
    The work for the Partial Reconstruction of Afrangwa Junction (Saltpond) - Abura Dunkwa km (5.0- 11.0) was awarded on 19th March, 2012. The work commenced on 18th July, 2012. It was expected to be completed on 17th July, 2013.
    The physical progress of work is projected at 68 per cent. The Contractor has abandoned site since 2015 as a result of delay in paying for work done.
    Routine maintenance works such as pothole patching and grading of the gravel sections have been scheduled to keep the road motorable. The
    Mr Speaker 11:26 a.m.
    Yes, Hon Member, any further questions?
    Plans to Construct the Feeder Roads from Afrangua-Ayeldo
    and Abokor Junction - Ayeldo
    Mr Suleman A. Sanid (on behalf of Mr Elvis Morris Donkoh) asked the Minister for Roads and Highways if there were plans of constructing the feeder roads from Afrangua-Ayeldo and Abokor Junction-Ayeldo.
    Mr Amoako-Attah 11:26 a.m.
    Mr Speaker,
    (i) Afrangua-Ayeldo (18.00km) Background
    The Afrangua-Ayeldo road is captured in the Department of Feeder Roads (DFR) Road Database as Kwadoegya-Ayeldo-Afrangua feeder road. The Kwadoegya-
    Ayeldo-Afrangua feeder road (18.00km) is an engineered road in poor surface condition. It is a gravel road located in the Abura-Asebu District of the Central Region.
    Current programme
    There is no rehabilitation or upgrading programme on the road. However, routine maintenance activities will be carried out on the road to keep it motorable and safe for use by motoring public during the 2019 Maintenance Programme. Contract will be awarded by the close of August, 2019.
    Future programme
    Engineering design studies and cost estimates will be carried out on the road during the last quarter of year 2019. This will be considered for upgrading to bituminous surfacing when funds become available under the year 2020 budget.
    (ii)Abokor Junction-Ayeldo (4.05km)
    Background
    The Abokor Junction-Ayeldo road is captured in the DFR Road Database as Kwamankese - Oborkor Nkwanta feeder road. The Kwamankese - Oborkor Nkwanta
    feeder road (4.05km) is an engineered road in poor surface condition. It is a gravel road located in the Abura- Asebu District of the Central Region.
    Current programme
    There is no rehabilitation or upgrading programme on the road. However, routine maintenance activities will be carried out on the road to keep it motorable and safe for use by the motoring public during the 2019 Maintenance Programme. Contract will be awarded by the close of August, 2019.
    Future programme
    Engineering design studies and cost estimates will be carried out on the road during the last quarter of the year 2019. This will be considered for upgrading when funds become available under the year 2020 budget.
    Mr Speaker 11:26 a.m.
    Hon Member, any further questions?
    Mr Sanid 11:26 a.m.
    Mr Speaker, no further questions. I am very grateful for the opportunity.
    Mr Speaker 11:26 a.m.
    Thank you very much, Hon Member.
    Question numbered 635, Hon Member for Biakoye?
    Alhaji Muntaka 11:26 a.m.
    Mr Speaker, with your indulgence, the Hon Colleague has asked me to ask the Question on his behalf as he is being vetted in his Constituency today.
    Mr Speaker 11:26 a.m.
    Please, proceed.
    Condition Surveys and Recommendations to Strengthen
    or Replace Bridges in Buipe, Yapei, Daboya and Bamboi
    Alhaji Mohammed-Mubarak Muntaka (on behalf of Mr Kwadwo Nyampon Aboagye) asked the Minister for Roads and Highways if condition surveys had been undertaken recently on the Buipe, Yapei, Daboya and Bamboi Bridges and if yes, what the findings were and if there were recommendations to strengthen or replace them.
    Mr Amoako-Attah 11:37 a.m.
    Mr Speaker, the Buipe, Yapei and Bamboi Bridges are existing bridges that were constructed many decades ago. However, there is no bridge at Daboya. The three existing bridges are respectively described below:
    Buipe Bridge
    The Buipe Bridge is over the Black Volta River at Buipe in the Savannah
    Mr Amoako-Attah 11:47 a.m.
    integrity of the bridge and to recommend appropriate interventions required, if any.
    Current programme
    Procurement process is on-going to select eligible and capable contractors for award of contract for the construction of new bridges at Buipe and Yapei to replace the existing ones and also to construct a bridge at Daboya. These works have been packaged into three (3) separate Lots.
    The projects are being procured through International Competitive Bidding (ICB) method of procurement and the implementation arrangement is Finance, Design and Construction.
    The Ministry of Roads and Highways (MRH) through the Ghana Highway Authority (GHA) launched the projects on 21st February, 2018 to invite sealed tenders from prequalified bidders. The bids were received and opened on 3rd May, 2018 after which evaluation of the bids have been completed. The Central Tender Review Committee has given concurrent approval to GHA to negotiate with the recommended tenderer on some aspects of the bids.
    The procurement process has been halted for few months now and this has delayed the award of contract. The Public Procurement Authority (PPA) is currently looking into a petition by one of the bidders and it is hoped that PPA's intervention will come to an end by the close of July,
    2019.
    Mr Speaker, however, the projects are expected to be awarded before the end of third (3rd) quarter of 2019 to enable commencement of work by the middle of the fourth (4th) quarter of this year, 2019.
    Indeed, the Ministry of Finance (MoF) has approved of the financing of these projects and provision has been made for the in the 2019 budget.

    Future programme

    The long term programme is to replace the Buipe and Yapei bridges, which have outlived their service lives and also to construct a bridge at Daboya. The construction period is 24 months for each Lot (or bridge) and will run concurrently.

    The three (3) bridges are, therefore, expected to be constructed and completed by the close of the year

    2021.

    The Bamboi bridge will be programmed and budgeted for implementation of the appropriate interventions following the outcome of the detailed inspection scheduled for October, 2019.
    Alhaji Mohammed-Mubarak Muntaka 11:47 a.m.
    Mr Speaker, I would want to find out from the Hon Minister what the petition he said was before the Public Procurement Authority (PPA) was about.
    Mr Amoako-Attah 11:47 a.m.
    Mr Speaker, the petitioner expressed their company's displeasure about the procurement process which to them was not strictly followed. This is allowed in the procurement process. Any party to that process who is dissatisfied about anything has the right under the Public Procurement Act, 2003 (Act 663) to petition the Public Procurement Authority (PPA), and that is being taken up.
    The parties have been invited, and all the necessary documentation relating to the procurement process have been surrendered to the PPA. The matter is almost gone into, and as stated in my Answer, we expect the results and opinion of the PPA any moment from now to bring a closure to this matter to enable us go ahead with the process.
    Mr Speaker, I must add that my Ministry would abide by the outcome and the decision of PPA.
    Alhaji Muntaka 11:47 a.m.
    Mr Speaker, in paragraph 4 of the Hon Minister's Answers, at page 13, he stated that, the Ministry of Finance has approved of the financing of this project and provision has been made for the in the 2019 budget. However, un- fortunately, if you look through the budget for 2019, these bridges have not been mentioned. I do not know where the Hon Minister got this information from.
    Mr Amoako-Attah 11:47 a.m.
    Mr Speaker, the Hon Member must look at this the second time because my Ministry has a letter from the Ministry of Finance to that effect.
    Alhaji Muntaka 11:47 a.m.
    Mr Speaker, the Hon Minister, in paragraph 4 of his Answer, page 10, stated that, on the Buipe Bridge, “an asphaltic concrete of 75mm thickness laid on the entire span” and on page 11, on the Yapei Bridge, he said “50mm thickness of asphaltic concrete was laid on the entire span”. Meanwhile this is the same road because the same weight passes through both. What informed the laying of 75 mm and 50mm respectively?
    Mr Speaker 11:47 a.m.
    Hon Muntaka, your last question?
    Alhaji Muntaka 11:47 a.m.
    Mr Speaker, on page 11, on the Daboya Bridge issue, the Hon Minister stated that we currently do not have a bridge at Daboya, but efforts are being made to procure and get one constructed. I would want to find out from the Hon Minister, in the interim, the measures they have put in place to enable pedestrian flow as they take their time to procure a new bridge?
    Mr Amoako-Attah 11:47 a.m.
    Mr Speaker, these three Bridges for Yapei, Buipe and Daboya are very important bridges in that corridor. It may be recalled that in 2017, when we had problems with both the Buipe and Yapei Bridges, I
    had the painful duty to order the total closure of both Bridges to ensure safety on that road. We were faced with a very critical situation of getting an alternative route so we had to use the Eastern Corridor road which was equally not in good shape.
    That is why it has become absolutely necessary to build the Daboya Bridge so that in case of any unforeseen incident concerning any of those two Bridges, there would be an alternative route from Fufulso through Daboya and vice versa because whatever affects one of the two Bridges, because they fall in line, the other bridge cannot be accessed.
    So we would want to build these three bridges simultaneously so that should anything happen to either the Buipe or Yapei Bridges, there would be an alternative bridge through Daboya. However, as of now, the main road is through and it is convenient for motorists and users, and Buipe and Yapei, as you are aware, fall within the Central Corridor road. So it is the smoothest and most straightforward road to use by motorists.
    As of now, at least, we have part of the Eastern Corridor in good shape and it could also be accessed. So
    there is no major problem with movement now. That is why we have to work on these three bridges, not only simultaneously but with speed.
    Thank you, Mr Speaker.
    Mr Speaker 11:56 a.m.
    Question 638, Hon Member for Kwabre East.
    Construction of Roads in Kwabre East Constituency
    Q.638. Ms Francisca Oteng Mensah asked the Minister for Roads and Highways what plans the Ministry had to construct the following roads in the Kwabre East Constituency: (i) Maponteng town roads (ii) Wonoo town roads (iii) Kyenasi - Fawoade road (iv) New Asonomaso - Kasaam road.
    Mr Amoako-Attah 11:56 a.m.
    Mr Speaker, (i) Mamponteng Town Roads (5.50km)
    Background
    Mamponteng town is located in the Kwabre East District of the Ashanti Region. The town roads consist of a 5.50km gravel road network within the township. The roads are un- engineered and in poor condition.
    Current programme
    The entire 5.50km road network was awarded on 28th March, 2019 for upgrading to bituminous surfacing. The financing of the project is from the Road Fund. Works are yet to commence.
    (ii) Wonoo Town Roads (4.50km)
    Background
    Wonoo town is located in the Kwabre East District of the Ashanti Region. The town roads consist of a 5.50km gravel road network within the township. The roads are un- engineered and in poor condition.
    Current programme
    The entire 5.50km road network was awarded on 28th March, 2019 for upgrading to bituminous surfacing. The financing of the project is from the Road Fund. Works have just commenced.
    (iii) Kenyasi-Fawoade (5.50km)
    Background
    The Kenyasi-Fawoade feeder road (5.50km) is an engineered road in poor surface condition. It is a gravel road located in the Kwabre East District of the Ashanti Region.
    Ms F. O. Mensah 11:56 a.m.
    Mr Speaker, looking at the fact that the Mamponteng road was awarded on the 28th of March, 2019, but the contractor is yet to come on site, when is he likely to start?
    Mr Amoako-Attah 11:56 a.m.
    Mr Speaker, between the award date and now, nothing untoward has happened. We followed up with the contractor and he is mobilising to site. Mobilising to site takes time and it depends on the road; the scope of work and the ground conditions would determine the level of mobilisation. Potential contractors would even have to put up their site camps and different things and scopes go into this before the putting up of site camps. So I want to assure my Hon Colleague that work is going on and everything is on course. Very soon -- in a few weeks, the contractor would be on site and we would follow up on the contractor.
    Thank you, Mr Speaker.
    Mrs F. O. Mensah 11:56 a.m.
    No further questions, Mr Speaker.
    Mr Speaker 11:56 a.m.
    Thank you, Hon Minister, for attending to the House and answering our Questions. You are respectfully discharged.
    At the commencement of Public Business -- Presentation of Papers.
    Mr Kyei-Mensah-Bonsu 11:56 a.m.
    Mr Speaker, item numbered 7, the Hon
    Deputy Minister for Finance is here with us and if we may allow her to lay the Paper on behalf of the Hon Minister.
    Mr Speaker 11:56 a.m.
    Very well.
    PAPERS 11:56 a.m.
    Mr Speaker 12:06 p.m.
    Item listed 8, Chairman of the Committee -- Motion.
    Mr Kyei-Mensah-Bonsu 12:06 p.m.
    Mr Speaker, we would stand down the items listed 8 and 9 and deal with item listed 11. We may come to the item numbered 10 subsequently.
    Mr Speaker 12:06 p.m.
    Item numbered 11. We would move to the Consideration Stage. The Hon First Deputy Speaker would take the Chair.
    -- [Pause] --
    BILLS -- CONSIDERATION 12:06 p.m.
    STAGE 12:06 p.m.
    Chairman of the Committee (Mr William Agyepong Quaittoo) 12:06 p.m.
    Mr Speaker, I beg to move, clause 5 subclause (1), paragraph (i), delete ‘expert' insert “one alumnus with expertise” and after ‘industry' add “nominated by the Alumni Association of the University”.
    Mr Speaker, clause 5 was stepped down, but we have had a discussion on it and this is how we want to couch it, that is subclause (1)(i). We are deleting everything there and replacing it with what we have on the Order Paper. It would read:
    “One person elected by convocation, one alumnus of the university elected by the alumni of the university, and one person with expertise in technology nominated by the Minister.”
    Mr Speaker 12:06 p.m.
    Hon Chairman, I see insert “an alumni”. One person? An ‘alumni'? From my Latin I know that must be ‘alumnus'.
    Mr Quaittoo 12:06 p.m.
    Mr Speaker, I think it was not captured well on the Order Paper. We may have to make an amendment on the Order Paper.
    Mr Speaker 12:06 p.m.
    You can definitely not have one person as ‘alumni'.
    Mr Quaittoo 12:06 p.m.
    It is alumnus.
    So we are replacing it with what I am reading here:
    “(i) one person elected by convocation,
    (j) one alumnus of the university elected by the alumni of the university,
    (k) one person with expertise in technology nominated by the Minister”.
    Question put and amendment agreed to.
    Clause 5 as amended ordered to stand part of the Bill.
    MR FIRST DEPUTY SPEAKER
    Mr Quaittoo 12:13 p.m.
    Mr Speaker, I beg to move, clause 27 subclause (1), paragraph (b), subparagraph (i), delete “duly registered by” insert “of”.
    So it reads: “fees paid by students of the University”.
    Question put and amendment agreed to.
    Mr Quaittoo 12:13 p.m.
    Mr Speaker, I beg to move, clause 27, subclause (1), paragraph (b), subparagraph (iv), after “grants” insert “loans,”.
    So the new rendition becomes: “loans, subscriptions, rents and royalties”.
    Question put and amendment agreed to.
    Mr Quaittoo 12:17 p.m.
    Mr Speaker, I beg to move, clause 27, subclause (2), line1, delete “by or” and in line 2", delete “by or”.
    Question put and amendment agreed to.
    Clause 27 as amended, ordered to—
    Mr Kyei-Mensah-Bonsu 12:17 p.m.
    Mr Speaker, I was just having a discussion
    with the Hon Minister for Education in respect of clause 27(1)(e):
    “Moneys from any other source approved by the Council”.
    And we were looking at how broad that provision is which may allow the Council to enter into any agreement to contract loans for instance. I thought that could refer to inflows from intellectual property; that would be acceptable. But then, it looks like the spectrum is too broad which may allow the Council to do things not very much related to academics.
    So I do not know how we would structure that provision.
    Dr Mathew Opoku Prempeh 12:17 p.m.
    Mr Speaker, I do side with the Hon Majority Leader because if we look at clause 27, it has been expanded vis-à-vis other University Acts. We have for the first time, brought internally generated funds as a subclause; we have brought in moneys approved by Parliament; we have talked about returns on investment; we have talked about endowment, grants, donations, gifts and loans.
    Mr Speaker, let us take generally, what is the other source of money that we have not spoken about? My fear is that if we leave it as it stands, a university council could approve a
    Mr First Deputy Speaker 12:17 p.m.
    Yes, Hon Members, the proposal is to delete subclause (e).
    Mr Quaittoo 12:17 p.m.
    Mr Speaker, besides that if they are to look for any source of money, they would want approval from Parliament and it is stated in subclause (a): ‘‘Moneys approved by Parliament''. So, if they want to go for a loan, definitely, they would have to come to Parliament for approval.
    If we look at how subclause (e) is couched; ‘‘moneys from any other source approved by Council'', it is too vague.
    Question put and amendment agreed—
    rose
    Alhaji Muntaka 12:17 p.m.
    Mr Speaker, I was struggling to catch your eye.
    Mr Speaker, maybe, we just have to exempt “a loan”. Hon Minister, they truly need other source of funds. And we may not be able to anticipate all the funds that they require as listed in subclause (e) as the Hon Chairman is proposing that we delete it.
    We could choose to exempt ‘loans' so that ‘loans' would not be part because if we take the whole of subclause (e) out, we may be putting them—
    Mr First Deputy Speaker 12:17 p.m.
    We have already added ‘loans' to (iv): grants, loans, subscriptions, rents and royalties (c), returns on investments (d); endowments; grants, donations and gifts.
    Alhaji Muntaka 12:17 p.m.
    Mr Speaker, we may not be able to sit here and anticipate all the avenues of moneys that they could get. That is why I say that the Hon Minister's worry of where they could contract loans without recourse to Government, those things that he does not want them to do, he should specifically state those ones as exemptions because taking that out may be too risky.
    Dr Prempeh 12:17 p.m.
    Mr Speaker, I would like the Hon Member to give
    me one example of any other money, considering all that we have captured. Mr Speaker, any money that accrues to the university even through investment is an internally generated fund, and we have covered the internally generated funds.
    The others are from the Government of Ghana and we have covered Government of Ghana. So if the Hon Member could give me one other source of money that is not covered here, I would go with him.
    Mr Speaker, my point is that when we just say, “moneys from any other source approved by the Council”, we, in this House, must satisfy ourselves that we could give example of one such source. It is not just English Language because that money might be either internally generated or coming from an external source.
    Mr Speaker, I am of the opinion that, as it stands, it is dangerous and it has to be deleted. We are at the Consideration stage and by the time we reach the Third Reading, if we could identify such sources of money, we would include it.
    Mr Speaker, my other fear is, yes, as a Minister, I might say “without approval from the Minister”, but by the laws of this country, even the Hon
    Minister for Finance has no power to approve moneys without recourse to Parliament, or for that matter, a law brought together by Parliament.
    So I think that this is gradually tipping us into places that I do not want to give example of things that had happened. So we should delete it. If we get to a place that we think we could identify one source of money that has not been stated here, we could bring it separately under that.
    Alhaji Muntaka 12:17 p.m.
    Mr Speaker, I perfectly agree with concerns of the Hon Minister. But my worry is that this clause is in almost all the Bills, and it is to encourage the universities to be innovative.
    Mr Speaker, nobody anticipated that a student from a university could develop Facebook. So, if we restrict the university— that is why I say that it is better the things that the Hon Minister is afraid of, we state and exempt them because it is in almost all the Bills.
    And for a reason, it is to challenge the universities to be innovative because as for the universities, especially, the way they are being developed now across the globe, they are supposed to be thinking outside the box.
    Mr First Deputy Speaker 12:17 p.m.
    So, if a Ghanaian student innovated something like Facebook, would it not come under any of what we have provided here, namely returns on investment or proceeds from publications or royalties?
    So I believe that what we have provided should be sufficient to cover up, but to leave it as “…any other source…” I think it is too wide and dangerous. Before we are aware, somebody is selling weed beer as it happens these days. They will say the university has developed weed beer and the proceeds will come to support -- we have to be careful.
    Mr Kyei-Mensah-Bonsu 12:27 p.m.
    Mr Speaker, I think it is for good reason that we made provision for it in the other Acts. I just looked at the University of Energy and Natural Resource Act of 2011 and they have the same provision; when we have a look at the others, we realised that they have about the same provision. Now, I think we should examine whether they are subject to abuse. Indeed and in truth, they have been subjected to abuse by some of the universities.
    Mr Speaker, I thought that by the provision of article 181, we could restrict them in a way. Even when Government wants to borrow on behalf of such institutions, they require an Act of Parliament. But this would then mean that we would provide an exemption for them to go and borrow without Parliament's involvement and that would be dangerous.
    So I think that we should device a way to restrict the universities from doing that. How do we do that? Is it the case that we should completely exempt them from furrowing into the outside world to engage in it?
    I related to intellectual property and my attention has been drawn to the fact that, that one could come under returns of investments. If that is the
    case, then Mr Speaker, I believe that we should look at paragraph (e), and as the Hon Minister has said, we should completely delete it.
    In which case, going forward, we may then have to look at other provisions in other enactments. They said they would come with overarching bill; not an umbrella bill that would take care -- [Laughter.] So I believe in that case, we may have to take care of that. Certainly, the latitude is just too much.
    Mr Ahmed Ibrahim 12:27 p.m.
    Mr Speaker, I totally disagree with the Hon Minister and I would want to support the position of the Hon Minority Chief Whip.
    Mr Speaker, what are we doing -- [Laughter] -- this university is not like any of our traditional universities. It is the University of Technology and Applied Sciences; and technology keeps on changing every time. If they are given the opportunity -- even in the Ministry of Communications Electronic Communication Act, at a point in 2009, 2011 (Act 775) when things kept changing, they called Parliament to pass a Bill under a certificate of urgency.
    Mr Speaker, now that all the traditional universities have the clause, to be able to support the universities
    in order not to restrict them into venturing into other sectors, I support the fact that other opportunities must be given to them.
    Mr First Deputy Speaker 12:27 p.m.
    Hon Member, this is about funds. It is not about what the Universities can do. If they generate funds, it must come under one of these headings for whatever they can do. That is what we are looking at. Is there any other heading that is missing that we can add rather than to leave it wide open?
    You and I assume that everybody is responsible, but it is because of bad people that we make laws. So, we should be careful that we do not open the gates so wide that people will have the legal means to do something otherwise illegal.
    Mr A. Ibrahim 12:27 p.m.
    Thank you, Mr Speaker.
    I would conclude that the clause would help the University to be outstanding and self-sustainable within the shortest possible time. But if we delete it, it would disadvantage the prospects of the University. That is my position for now.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:27 p.m.
    There is no advertised amendment to clause 29.
    Mr Kyei-Mensah-Bonsu 12:27 p.m.
    Mr Speaker, I think we have a template for it. Unfortunately, they keep coming with the same old rendition. So let us leave it to the draftperson to change the face and character of it as we have been doing.
    Mr First Deputy Speaker 12:27 p.m.
    So do we defer the Question or direct the draftpersons?
    Mr Kyei-Mensah-Bonsu 12:27 p.m.
    Mr Speaker, subject to what we have been doing.
    Mr First Deputy Speaker 12:27 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 29 is ordered to stand part of the Bill.
    I direct the draftpersons to redraft to reflect the new template as applicable under recent enactments that Parliament has approved.
    Clause 30 -- Annual Report and other reports
    Mr Quaittoo 12:27 p.m.
    Mr Speaker, I beg to move, clause 30 subclause (1), line 1, delete “one month” and insert “thirty days” and in line 3, delete ‘relate' and insert “relates and make a copy of that report available to the regulatory body responsible for regulating tertiary education.”
    Mr Speaker, the new rendition is,
    “The Councils shall, within thirty days after receipt of the audit report, submit to the Minister a report covering the activities and the operations of the University for the year to which the report relates and make a copy of that report available to the regulatory body responsible for regulating tertiary education.”
    Mr First Deputy Speaker 12:27 p.m.
    Hon Chairman of the Committee, I am confused. The advertised amendment is in respect of subclause (3), line 1 which says delete ‘‘one month'' and insert “thirty days''.
    Which other one have you added?
    Mr Quaittoo 12:37 p.m.
    Mr Speaker, I moved the item numbered (v) on page 4 on the Order Paper -- there are two amendments to clause 30 (1).
    Mr Quaittoo 12:37 p.m.
    Mr Speaker, I beg to move, clause 30 subclause (3), line 1, delete “one month” and insert “thirty days”.
    Ahmed Ibrahim : Mr Speaker, could the Hon Chairman of the Committee, give us the reason for this amendment? This is because some months are more than 30 days -- does the 30 days include working days or non-working days?
    Mr First Deputy Speaker 12:37 p.m.
    Hon Chairman of the Committee, why do you want to choose “thirty days'' instead of “one month''.
    Mr Quaittoo 12:37 p.m.
    Mr Speaker, it is stated in the Interpretation Clause and it is specific.
    Mr First Deputy Speaker 12:37 p.m.
    Very well.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 12:37 p.m.
    Mr Speaker, I have a minor amendment to line 1 of clause 30 (1) which the Hon Chairman of the Committee moved under item numbered (v), on page 4 on the Order Paper.
    The Hon Chairman of the Committee could say:
    “….relates and make a copy of that report available to the body responsible for regulation of tertiary education''.
    So, we should delete the first “regulatory''.
    Question put and amendment agreed to.
    Clause 30 as amended ordered to stand part of the Bill.
    Clause 31 ordered to stand part of the Bill.
    Clause 32 -- Statutes of the University
    Dr Prempeh 12:37 p.m.
    Mr Speaker, I would want to draw the Hon Chairman of the Committee's attention to replace “Statutes of the University'' as found in item numbered (xxiii) on page 7 of the Order Paper.

    Mr Speaker, this rendition would replace what is in clause 32, for the reason that during the Technical University (Amendment) Bill, Parlia- ment cleaned up certain sections that related to conditions of services that are supposed to be mandated by the Fair Wages and Salary Commission, and this is a replica of what is in every University Act.

    So, “conditions of services'' for example, was changed to “terms and condition of service as determined by the Fair Wages and Salary Commission'' which law supersedes everything that we are doing. This was lifted exactly from the Technical University (Amendment) Act, so we want the replacement which would deal with every other suggestion.
    Mr First Deputy Speaker 12:37 p.m.
    In that case, instead of amending this clause 32, we should just delete it and insert the new clause.
    Hon Chairman of the Committee, please, move that to make it easier for us.
    Mr Quaittoo 12:37 p.m.
    Mr Speaker, I beg to move that we delete clause 32 and insert new clause, add the following new clause:
    “Statutes of the University
    (1)The Council shall ensure the implementation of this Act by Statutes which shall, in particular
    (a) regulate the
    (i) appointment,
    (ii) terms and conditions of service as deter- mined by the Fair Wages and Salaries Commission,
    (iii) termination of appoint- ment, and
    (iv) retirement benefits of the employees of the University;
    (b) determine the persons who form the academic staff of the University;
    (c) determine the persons who are authorised to sign contracts, cheques and other documents on behalf of the University and to regulate the procedure in relation to
    transactions entered into by the University;
    (d) fix the academic calendar of the University;
    (e) determine the rules and procedures relating to discipline of students and employees of the University;
    (f) ensure that the seal of the University is kept under proper custody and is used only on the authority of the Council; and
    (g) provide for any matter required by this Act to be prescribed by the Statutes of the University.”
    Question put and amendment agreed to.
    Mr Banda 12:37 p.m.
    Mr Speaker, this is a minor amendment with respect to paragraph (f) on page 8 of the Order Paper which says that:
    “ensure that the seal of the University is kept under proper custody and is used only…''
    Mr Speaker, the second “is'' should be deleted because it still refers to “the seal''.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 12:37 p.m.
    Mr Speaker, I appreciate what has been done but I want us to put the matter of who is to craft the statutes beyond that. This is because as provided, it says:
    “The Council shall ensure the implementation of this Act by Statutes...''
    Who formulates the Statutes? It is the Council and that is why the preambular of 32 as in the original better expresses it because it provides that:
    “The Council shall enact Statutes of the University for the implementation of this Act which shall…''
    I believe the conditions of service are paramount and the new arrangement is better but I thought that if we captured it the way it is in the original, it would put the matter beyond doubt as to who is responsible for crafting the Statutes which is the Council but with this, it is like inference.
    Mr Kyei-Mensah-Bonsu 12:47 p.m.
    Mr Speaker, whatever we have done beginning with the position of the Council through the Chancellor and the Board, we have all said that they should be in consonance with the Statutes of the University. But we have not made who is responsible for the Statutes explicit.
    Mr First Deputy Speaker 12:47 p.m.
    So let me suggest something for our consideration.
    “The Council shall ensure the implementation of this Act by enacting Statutes”.
    So, insert ‘enacting' between ‘by' and ‘Statutes'. Will that solve the problem? [Interruption] - All right. [Pause]
    Mr A. Ibrahim 12:47 p.m.
    Mr Speaker, can we say this; I quote with your leave:
    “The Council shall ensure the implementation of this Act by enacting Statutes which shall…”
    Does it mean that after enacting the Statutes, there would be no other way of implementing these things? We are limiting it to only the enactment of the Statutes. That is my inference.
    Mr Banda 12:47 p.m.
    Mr Speaker, where do we want the responsibility of the enactment of the Statutes to be? Do we want the responsibility to be on the Council or on some other person?

    Yes, but once we are putting the responsibility on the Council, it is preferable to say the Council shall enact the Statutes, so that the ‘shall'

    will make it mandatory and will give the Council the responsibility to enact the Statutes to itself.

    Mr Speaker, the preference of the Hon Majority Leader which is captured under clause 32, which is yet to be deleted, is more apt than what is captured at pages 7 and 8 of the Order Paper. I would want to support the Hon Majority Leader by saying that what is in clause 32 makes it abundantly clear that it is the Council that is to enact the Statutes.
    Mr First Deputy Speaker 12:47 p.m.
    Yes, frankly, it comes to the same thing but probably, this is a direct one.
    “The Council shall enact Statutes of the University for the implementation of the Act.”
    It is the same thing; the only thing added here is “in particular”.
    Mr Quaittoo 12:47 p.m.
    Mr Speaker, I just want to draw your attention to the fact that we do not need (1) in the paragraphing because they are all defined as (a), (b), (c) --
    Mr First Deputy Speaker 12:47 p.m.
    No, what we would do is to change the new clauses to read:
    “The Council shall enact Statutes of the University for the implementation of this Act.”
    Mr Quaittoo 12:47 p.m.
    But even that there is no (1); it is paragraph (a), (b) and (c).
    Mr First Deputy Speaker 12:47 p.m.
    No, we are not bringing this back; we are just changing the wording of the new clause --
    Mr Quaittoo 12:47 p.m.
    Yes, I understand but on the Order Paper, there is (1) which should not be.
    Mr First Deputy Speaker 12:47 p.m.
    It is (1), except that it has subclauses. [Pause.]
    Yes, what is your position? The proposed amendment, or we are retaining what is in clause 32?
    Dr Prempeh 12:47 p.m.
    Mr Speaker, as you said, your suggestion is not different from that of the Hon Majority Leader and that of the Hon Member for Offinso South. So we could take any of that, but more importantly, all that we are doing is buttressed by the Interpretation of this Bill. The word ‘Statutes' has been clearly defined as that which is enacted by the Council. As they say, too much meat never spoils the soup. So you can put the Question for us to support it.

    well, let us adopt it and leave it to the draftpersons.

    Question put and amendment agreed to.

    Clause 32 ordered to be substituted with the new clause.
    Mr First Deputy Speaker 12:47 p.m.
    The draftpersons are hereby directed to draft in a manner that would achieve the objects of the Bill in the clause.
    Clause 33 -- Convocation
    Mr Quaittoo 12:47 p.m.
    Mr Speaker, I beg to move, clause 33 (2), line 2, before ‘Convocation' insert ‘the'.
    Mr Kyei-Mensah-Bonsu 12:47 p.m.
    Mr Speaker, if the Hon Chairman of the Committee could tell us the reason, since the Convocation would change every year. So, if we qualify “Convocation” with a definite article “the”, it means that it is sacrosanct but it is not. Let us just leave it as it is. We do not need the insertion of any definite article.
    Mr First Deputy Speaker 12:47 p.m.
    The definite article “the” suggests that we have already identified it elsewhere when we have not. So, Hon Chairman of the Committee, the proposed amendment is not necessary.
    Mr Banda 12:47 p.m.
    Mr Speaker, the definite article “the” ought to be there because when we read clause 33 (1), it makes mention of a Convocation. With your permission, I beg to quote:
    “There shall be a Convo- cation…”
    Mr First Deputy Speaker 12:47 p.m.
    Oh! All right, I thought we were dealing with the first ‘Convocation' but we are dealing with the second one.
    “The Registrar shall compile a register of the members of the Convocation which shall be published each academic year.”
    The first one is the introduction but after that, then it should be ‘the' to make reference to that which has been mentioned in clause 33 (1).
    Mr Quaittoo 12:47 p.m.
    Mr Speaker, I have been convinced by the Hon Majority Leader. Convocation changes. Lecturers are changed every year; so, if we make it, ‘the' it means that once it is formed, it would be permanent. So, if the definite article is not there, anytime the Convocation changes, of course, it remains as it is.
    Mr First Deputy Speaker 12:57 p.m.
    I do not think so. It reads:
    “There shall be a Convocation of the University with membership prescribed by the Statutes…'
    So, anytime the Statutes is applied, the names that are -- is the ‘Convocation'. So, ‘the' is appropriate.
    Mr Kyei-Mensah-Bonsu 12:57 p.m.
    Mr Speaker, the reason I want to disagree and still disagree with it is that, this is not the normal construct of Legislation. This Convocation is not cast in stone; it keeps changing.
    So, it says that;
    ‘The Registrar shall compile a register of members of the Convocation which shall be published each academic year'.
    Mr Speaker, by this, we are saying that that list is sacrosanct, but it is not. May I appeal to Mr Speaker that he is not supposed to engage in debate?
    Mr First Deputy Speaker 12:57 p.m.
    But I am supposed to guide you. -- [Laughter]
    Dr Prempeh 12:57 p.m.
    Mr Speaker, I think that the Hon Majority Leader should address his mind to subclauses in the same clause.
    Mr Speaker, from clause 33 (3) to (7) all use ‘the' and for the avoidance of doubt, clause 33(2) should have ‘the'.
    Mr Kyei-Mensah-Bonsu 12:57 p.m.
    Mr Speaker, if the Hon Minister for Education, in this case, wants us to go with what he is saying, let him go back to all the Acts that we have -- [Laughter] Now, he is saying that we should restrict ourselves to this one.
    Mr Speaker, however, it is his Bill and if he wants it -- maybe, if we decide to change it, we can do so in the Second Consideration Stage. I disagree with him but we can move on and I will tolerate the situation for now.
    Question put and amendment agreed to.
    rose
    Mr First Deputy Speaker 12:57 p.m.
    Yes, Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs?
    Mr Banda 12:57 p.m.
    Mr Speaker, the second line of subclause (4), the definite article ‘the' --

    are just putting the Question on subclause (2).
    Mr Banda 12:57 p.m.
    All right.
    Mr First Deputy Speaker 12:57 p.m.
    I thought you were going to speak to that and that was why I did not -- very well.
    Question put and amendment agreed to.
    Mr Quaittoo 12:57 p.m.
    Mr Speaker, I beg to move, clause 33, subclause (3), line 1, delete “names” and insert “name”.
    Mr Speaker, in other words, we are just taking the ‘s' out of the word ‘name'. It will read:
    “A person whose name appears on the register…”
    Mr First Deputy Speaker 12:57 p.m.
    Yes, in that case, the ‘s' should be placed behind “appear” to read ‘appears'.
    Mr Quaittoo 12:57 p.m.
    Mr Speaker, yes. It will read; “appears”.
    Mr First Deputy Speaker 12:57 p.m.
    So, the new rendition will read:
    “A person whose name appears on the register may vote at the Convocation”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 12:57 p.m.
    Now, Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs, you may move your amendment on subclause (4).
    Mr Banda 12:57 p.m.
    Mr Speaker, what I was saying was that the second line of subclause (4), the definite article preceding ‘time' should be an indefinite article. So that it will read:
    “The Convocation shall meet at least once each academic year at a time and place …”
    Mr Speaker, this is because the time and place are yet to be determined by the Vice-Chancellor and so, it cannot be ‘the'. If it is ‘the', it cannot then be determined by the Vice Chancellor.
    What it will therefore mean is that the Vice Chancellor is yet to determine a place and time but the moment we use ‘the', then we do not have to bring the word, ‘determine'. Otherwise, the two will not be coherent.
    So I beg to move that ‘the' be deleted and ‘a' inserted. This is what we have been doing --
    [Interruption] Mr Speaker, no, I disagree with him --
    Mr Kyei-Mensah-Bonsu 12:57 p.m.
    Mr Speaker, yes, we have done what my Hon Colleague, the Hon Member for Offinso South is saying. He is saying by justifying his own proposition that the time is yet to be determined by the Vice-Chancellor.
    Indeed, it has been determined as it says:
    “The Convocation shall meet at least once each academic year at the time and place determined by the Vice-Chancellor”.
    Mr Speaker, if the provision is; ‘at a time and place that shall be determined by the Vice-Chancellor', we can have that but with; “the time and place determined”, then it is a definite article and it is correct. Even though rather unfortunately, we have been doing that in some earlier provisions, I agree with him that we have done so in many of the Bills.
    However, if it is; ‘at the time and place that shall be determined by the Vice-Chancellor', then the indefinite article will be correct. But this one; “at the time and place determined by
    the Vice Chancellor,' that is, whenever, it is determined by the Vice Chancellor. That is where it should be.
    Mr First Deputy Speaker 12:57 p.m.
    It is suggested that it is only an announcement of the place and time where the Vice Chancellor has determined they should meet. So they will be only informed. If what is in subclause 4 suggests so; it reads:
    “…Convocation shall meet at the place where the Vice- Chancellor has determined”.
    So, I think it is correct.
    Clause 33 as amended ordered to stand part of the Bill.
    Clause 34 - Matriculation
    Mr Quaittoo 12:57 p.m.
    Mr Speaker, I beg to move, clause 34, subclause (1), line 2, at end, add “as provided in the Statutes of the University”.
    Mr Speaker, the new rendition becomes 12:57 p.m.
    “The student admitted to the University shall take the Matriculation oath and sign the Matriculation register as provided in the Statutes of the University”.
    Mr Kyei-Mensah-Bonsu 12:57 p.m.
    Mr Speaker, my little concern in this case is what we mean by ‘Matriculation'. We are just saying that --
    “A student admitted to the University shall take the Matriculation oath and sign the Matriculation Register.”
    Mr Speaker, what do we mean by that? If you come to ‘Congregation' and look at what is provided there; it says:
    “The University may hold a Congregation composed of… prescribed …for the purpose of this”.
    So, I thought that with Matriculation, we should also explain what it is meant for; we have just written, ‘Matriculation' -- “A student admitted …” and we just juxtaposed it with what obtains for ‘Congregation'. I think that you will realise that there is something missing?
    Dr Prempeh 12:57 p.m.
    Mr Speaker, I think that we have to define ‘Matriculation' in the interpretation as well. It comes with a capital ‘M' and so, we have to define that function.
    Mr First Deputy Speaker 12:57 p.m.
    We will take note.
    Dr Prempeh 12:57 p.m.
    Mr Speaker, we will leave it to the drafters to insert the definition there.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:07 p.m.
    I direct that the draftpersons provide interpretation for ‘Matriculation' at the Interpretation clause.
    Question put and amendment agreed to.

    Clause 34 as amended ordered to stand part of the Bill.

    Clause 35 ordered to stand part of the Bill.

    Clause 36 -- Student governance
    rose
    Mr First Deputy Speaker 1:07 p.m.
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 1:07 p.m.
    Mr Speaker, again, a minor observation for clause 35. Remember we provided space for honorary degrees. And so it should find expression there.
    Mr First Deputy Speaker 1:07 p.m.
    Once it is a degree, whether it is honorary or any other degree -- because they were given the power to confer even honorary -- then every degree holder comes under a degree. I do not think that we should differentiate it.
    The power to confer is one, but once it is conferred, then one is admissible to be part of congregation. We do not have to differentiate between honorary and other degrees. This is my view, but I would want to hear Hon Members on that.
    Otherwise, we may define masters degrees and doctorate degrees, but a degree is a degree.
    Clause 36 ordered to stand part of the Bill.
    rose
    Mr First Deputy Speaker 1:07 p.m.
    Yes, Hon Minister?
    Dr Prempeh 1:07 p.m.
    Mr Speaker, I am just drawing our attention to something. In most of the University Acts that we have passed in Ghana, we defined student governance and give recognition to Student Representative Councils. We do not give recognition to any other body. But when it comes to the composition of the University Council, all of a sudden,
    we give space to post-graduate students as if they are not part of student representative councils. This is one of the anomalies we find in the law.
    Mr First Deputy Speaker 1:07 p.m.
    Sorry; were you proposing an amendment to clause 37?
    Dr Prempeh 1:07 p.m.
    Mr Speaker, I was drawing our attention to some of the anomalies when we start practising the law because it says student governance, and as we have done here; it must read:
    “36 (1) The University shall have a Students' Representative Council.”
    It means that any other university body of students would come under this Council, and we give them the power to be responsible for representing students duly admitted and registered to the University.
    They represent students on Academic Boards and any other Board, but when we come to the construction at University Council, you would suddenly find at clause 5 (h):
    “(h) one representative of the students of the University, elected by the Students'
    Mr First Deputy Speaker 1:07 p.m.
    Frankly, we should re-examine that. In this Bill, we should re-examine whether we would want to have different rules within the University.
    Clause 37 ordered to stand part of the Bill.
    Clause 38 -- Anti-discrimination
    Mr Quaittoo 1:07 p.m.
    Mr Speaker, I beg to move, clause 38, sectional note above clause 38, delete.
    We are deleting the sectional note “Miscellaneous Matters”. The reason is that it does not conform to others.
    Mr First Deputy Speaker 1:07 p.m.
    The sectional note refers to which one?
    Mr Quaittoo 1:07 p.m.
    Mr Speaker, it refers to “Miscellaneous Matters” in the Bill.
    Question put and amendment agreed to.
    Mr Quaittoo 1:07 p.m.
    Mr Speaker, I beg to move, that clause 38 subclause (1), line 1, delete “Without limiting the power” and insert “Any policy” and in line 2, delete “policies”.
    Mr Speaker, the new rendition would read 1:07 p.m.
    “Any policy of the University to adopt affirmative action, the University or an officer of the University shall not discriminate against a person on the basis of the race, ethnic origin, political opinion, colour, gender, occupation, religion or creed, disability, social or economic status of that person to determine whether that person is to be …”
    Mr Banda 1:07 p.m.
    Mr Speaker, I do not have any major concern about the proposed amendment, except to say that we are drifting away from the use of “any”. Instead of saying “any policy”, we should rather say “a policy”. “A policy” is more elegant than “Any policy”.
    Mr First Deputy Speaker 1:07 p.m.
    Hon Chairman, I think you should tell us the reason behind this clause. Why do we need this clause? Is it in any of the Acts of a public university?
    Hon Minister, maybe, you should explain.
    Dr Prempeh 1:07 p.m.
    Mr Speaker, the Constitution forbids us to discriminate on gender, race et cetera -- Actually, the Constitution talks about four or five things; gender, race, religion, creed or colour -- That is reciting it, for the avoidance of doubt, in the University's Act.
    In other Acts that are coming up, we take what is in the Constitution, if it has been so said, and repeat it in the Act so that those who are running with the law and forgetting that there are other laws do not forget anti- discrimination policies that the nation subscribes to.
    Mr First Deputy Speaker 1:17 p.m.
    But frankly, this amendment defeats the purpose. It changes the rendition “without limiting the power of the University to adopt affirmative action”. So the power to adopt affirmative action is preserved but in adopting that it says, they do not discriminate. The new one: “A policy of the University to adopt affirmative action…”
    Dr Prempeh 1:17 p.m.
    Mr Speaker, I think that we should leave what is in the Bill, it is correct.
    Mr First Deputy Speaker 1:17 p.m.
    I think so too.
    Dr Prempeh 1:17 p.m.
    As to the Hon Majority Leader's decision whether we would call-like he said, “without prejudice or without limiting”, we can interchange those terms. But we should leave it as it is.
    Mr First Deputy Speaker 1:17 p.m.
    That is where the real meaning is.
    So Hon Chairman, you may wish to withdraw your amendment.
    Mr Quaittoo 1:17 p.m.
    Mr Speaker, I beg to withdraw the amendment.
    Mr First Deputy Speaker 1:17 p.m.
    Very well.
    Mr Quaittoo 1:17 p.m.
    Mr Speaker, I beg to move, clause 38 subclause (1), paragraph (e), delete “members and insert “staff member”.
    It would now read:
    “promoted as an academic staff or other staff members.”
    Dr Prempeh 1:17 p.m.
    Mr Speaker, I think we can leave it without causing much problems. If we say “other staff members”, they are members. So ‘members' brings everybody in.
    Mr Kyei-Mensah-Bonsu 1:17 p.m.
    Mr Speaker, it is just a small correction to clause 38(3).
    “For the purpose of this section, ‘discriminate' means to give different treatment to different persons attributable only or mainly on …”
    I think the word there should be “to” not “on”.
    Mr First Deputy Speaker 1:17 p.m.
    To insert “to” after “attributable”. I think the “to” should come after “mainly”. Is that right?
    Mr Kyei-Mensah-Bonsu 1:17 p.m.
    That was what I said. So I beg to move, we delete “on” and insert “to”.
    Question put and amendment agreed to.
    Mr Quaittoo 1:17 p.m.
    Mr Speaker, I would like to go back to subclause 1(e). The only difference between the
    (d) and (e) is the word “appointed”. First, “(d) appointed as an academic staff or other staff”, then “(e) promoted as an academic staff or other members…” That was the amendment we made.
    Mr First Deputy Speaker 1:17 p.m.
    So do you propose we delete the “staff” from the (d)? [Pause.]
    What is your proposed amendment, Hon Chairman?
    Dr Prempeh 1:17 p.m.
    Mr Speaker, the confusion seems to be with the word ‘staff ' before ‘members' in subclauses (d) and (e). But let us look at the whole picture. We want the University to follow anti-discrimination laws. It is not only the staff members and other staff members.
    It should be everybody in the University -- whether junior member, senior member, senior staff or junior staff. It should be every member of the University. Not necessarily. Students cannot be discriminated against. [Interruption.] When we apply Affirmative Action Law, we cannot discriminate against any student. [Interruption.]
    Mr First Deputy Speaker 1:17 p.m.
    Hon Members, let us go through them one by one. So they read:
    “(a) admitted as a student of the University;
    (b) registered as a student of the University;
    (c) permitted to graduate from the University;
    (d) appointed as an academic staff or other staff member;
    (e) promoted as an academic staff or other staff member”.
    The University has what we usually call senior members, who are the lecturers; junior members, who are the students and staff. That is it. There is no other. If you are staff, you could be a senior staff or a junior staff. If you use ‘staff', then you do not use ‘member'. When they say “members of the University”, ‘staff' is different.
    The university usually differentiates between members and staff -- senior member, junior member, staff. For staff, they have senior staff and junior staff but staff member is not --
    Mr Kyei-Mensah-Bonsu 1:17 p.m.
    Mr Speaker, in the university, when we talk about members, it would include students --
    Mr First Deputy Speaker 1:17 p.m.
    Yes, junior members are students.
    Mr Kyei-Mensah-Bonsu 1:17 p.m.
    Administrative staff and students compose the membership of the university. But if we are talking about staff, we also make a distinction between academic staff and non- academic staff. Those are the ones that we are referring to as other “staff members” and I think it is appropriate.
    Mr First Deputy Speaker 1:17 p.m.
    So, what is the proposed amendment? Should we bring back the “other staff members”?
    1: 27 p.m.
    Dr Prempeh 1:17 p.m.
    Mr Speaker, I would want to advert our minds to this: should this distinction, of (a), (b), (c), (d), (e), even be tolerated and simply say senior members, junior members and staff?
    That gives categories to all the university people, whether janitor, Vice Chancellor, first-year student or post graduate student. A person is either a member of the university -- senior or junior -- or a staff of the university.
    At convocation, they would say junior staff and senior staff, or professorial rank and non- professorial rank, or junior member and senior member for students and
    Mr First Deputy Speaker 1:17 p.m.
    Very well, please make up your mind and let me put the Question.
    Mr Quaittoo 1:17 p.m.
    Mr Speaker, we are adding the word ‘staff'.
    Mr Speaker 1:17 p.m.
    So we insert “staff” after “other” in clause 38(1) (e).
    Question put and amendment agreed to.
    Clause 38 as amended ordered to stand part of the Bill.
    Clause 39 -- Dispute settlement
    Mr Quaittoo 1:17 p.m.
    Mr Speaker, I beg to move, clause 39 headnote, delete and insert “Appeals”.
    Mr First Deputy Speaker 1:17 p.m.
    Appeals? Where is the Hon Chairman of the Constitutional, Legal and
    Parliamentary Affairs Committee? Something is not right. You do not start from appeals.
    Mr A.Ibrahim 1:17 p.m.
    Mr Speaker, when you read the clause, it says: “There is established by this Act a body to be known as the University of Technology and Applied Sciences Appeals Board”, so I think any aggrieved person may appeal to the Appeals Board for the settlement of disputes.
    I think that is what they want to do?
    Mr First Deputy Speaker 1:17 p.m.
    Hon Members, I think we have to review that whole clause again.
    If you put it as dispute settlement, then the only body you set up is the appeals board. Where have you started from to get to appeals?
    Dr Prempeh 1:17 p.m.
    Mr Speaker, normally there is a dispute resolution mechanism that is outlined by the Statutes of the various universities, such that when somebody is aggrieved by a decision the person can resolve those issues, but this probably takes it to the last point in the university where a specific appeals board is set up as the final determination stage.
    In some of the laws that we have passed, we made room for normal resolution mechanisms intrinsic, and then one last board, that is the Appeals Board, after which the person is then moving from the university authorities to the external authorities. They call it a dispute resolution board or so.
    Mr First Deputy Speaker 1:17 p.m.
    My problem is that if you look at this one, it starts with the establishment of the Appeals Board, who appoints them and who the members are. Then it comes to (4), which sets out the functions of the Appeals Board:
    “The Appeals Board shall hear and determine on appeal matters on
    (a) acts or omissions in contravention of this Act or the Statutes of the University;
    (b) breach of an employment contract by the University;
    (c) the promotion of persons duly employed by the University;
    (d) grievances by students against the University on matters related to welfare…”
    So it is probably thinking that a process may have started somewhere, but it does not reflect where we are coming from.
    Dr Prempeh 1:17 p.m.
    Mr Speaker, that was why I was appealing to you about
    -- 1:17 p.m.
    Mr First Deputy Speaker 1:17 p.m.
    I do not know whether the clause 4 is sufficient:
    “The Appeals Board shall hear and determine on appeal matters on
    (a) Acts or omissions in contravention of this Act or the Statutes of the University…”
    So matters on acts and omissions in contravention of the University Statutes would be determined on appeal. Matters on breaches of this Act is determined on appeal, but where do you start?
    Mr Kyei-Mensah-Bonsu 1:17 p.m.
    Mr Speaker, I thought that we could have a clause 39(1) which would state that the procedure for settling disputes shall be prescribed by statute.
    That would be number one, and then we would come to clause 39(2), which would then relate to subclause (1) and say that without prejudice to this, there is established so and so.
    Mr First Deputy Speaker 1:17 p.m.
    I think that should be the rendition. So what should we do? Let us get the draftpersons to draft something for approval.
    So let us defer this particular one, do the others and come back.
    Clause 40 - -Interpretation
    Mr Quaittoo 1:37 p.m.
    Mr Speaker, I beg to move, clause 40, Interpretation of “Appeals Board”, line 2, before “section” insert “subsection (1) of”.

    So, we are inserting subsection (1) of section 39 so in this case, it would become subsection (2).
    Mr First Deputy Speaker 1:37 p.m.
    Established under section 39—
    Dr Prempeh 1:37 p.m.
    Mr Speaker, the Appeals Board is not only established under subsection (1). It is talking about the whole of section 39; that is the Appeals Board and that is what is in the Bill.
    But with introduction by the Hon Majority Leader, we would then interpret it as section 2 or clause 2 after we do that, but we do not —
    Mr First Deputy Speaker 1:37 p.m.
    I think we should defer this one and go to clause 41.
    Clause 41 -- Transitional matters
    Mr Quaittoo 1:37 p.m.
    Mr Speaker, I beg to move, clause 41, subclause(1), line3, delete “two years” and insert “one year”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:37 p.m.
    Item xx?
    Mr Quaittoo 1:37 p.m.
    Mr Speaker, I beg to move, clause 41, subclause (5), line 1, delete ‘‘continuing''.
    Question put and amendment agreed to.
    Dr Prempeh 1:37 p.m.
    Mr Speaker, I was just drawing your attention to the fact that, in an earlier clause, you gave a directive that the Interpretation Act should cater for matriculation so in the clause we assumed that as amended so that we remember that we have to bring the—
    Mr First Deputy Speaker 1:37 p.m.
    We are not considering that; we are now doing clause 41.
    Dr Prempeh 1:37 p.m.
    Mr Speaker, we have done clause 40.
    Mr First Deputy Speaker 1:37 p.m.
    No, we did not do clause 40; we left it because of confusion in— so, clauses 39 and 40 have been deferred.
    Mr Kyei-Mensah-Bonsu 1:37 p.m.
    Mr Speaker, I think the issue that was raised, that is clause 39, I believe if we go back to page 7 of the Order Paper, Statutes of the University -- and we have listed what the statutes should provide for -- I believe we could find space for dispute settlement procedures so that at page 8, after subclause (f), we have a new amendment to insert a new subclause which should read:
    “Shall provide for the procedures for dispute resolution”.
    Mr First Deputy Speaker 1:37 p.m.
    Hon Majority Leader, make it straight; “provide for dispute settlement procedures”.
    Mr Kyei-Mensah-Bonsu 1:37 p.m.
    ‘‘Shall provide for the procedures of dispute resolution''. I think that it is a better way of formulating it.
    Mr First Deputy Speaker 1:37 p.m.
    We have already inserted the new one at clause 32. So amend that by inserting a new subparagraph.
    Mr Kyei-Mensah-Bonsu 1:37 p.m.
    Yes, after subclause (f).
    Mr First Deputy Speaker 1:37 p.m.
    All right. Probably, let us finish with clause 41 and then go back and do that; we still have some time.
    Hon Chairman, we were doing clause 41, item xxi.
    Mr Quaittoo 1:37 p.m.
    Mr Speaker, I beg to move, clause 41 subclause (8), line 3, delete “two years” and insert “one year”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:37 p.m.
    Item xxii?
    Mr Quaittoo 1:37 p.m.
    Mr Speaker, I beg to move, clause 41, add the following new subclause:
    “In furtherance of subsection (7), the Minister and the Regulatory Body responsible for tertiary education shall ensure the equitable transfer of assets and liabilities”.
    Question put and amendment agreed to.
    Clause 41 as amended, ordered to stand part—
    rose
    Mr First Deputy Speaker 1:37 p.m.
    What we were doing is in clause 32 and the amendment is clause 40. Clause 41 is transitional arrangements.
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 1:37 p.m.
    Mr Speaker, I just want to relate to some issues that arose yesterday on the transitional matters.
    We were for instance, talking about the crafting of a statute which then would give birth to a Registrar, for instance, and we said that the interim Council of the University shall function for a period of not more than two years, which means that that interim Council would then have to function in place of the Council then it would be in position to prescribe the statutes.
    I am just looking at what kind of arrangement we could provide to cater for the issue—
    Mr First Deputy Speaker 1:37 p.m.
    Hon Majority Leader, I am not sure I understand you. An Interim Council?
    Mr Kyei-Mensah-Bonsu 1:37 p.m.
    Yes, that is in clause 41 (1).
    Mr First Deputy Speaker 1:37 p.m.
    Yes?
    Mr Kyei-Mensah-Bonsu 1:37 p.m.
    How do we accommodate some of the matters that arose yesterday? I suggested that in place of maybe, a university Council or a prescribed statute, we should have a way of appointing the first Registrar.
    How do we accommodate this in the transitional arrangement? Because clause 22 provides that:
    “(1) The University shall have a Registrar”;
    “(2) The Registrar shall hold office on the terms and conditions, specified in the letter of appointment, in accordance with the Statutes of the University”.
    So we would expect that there would be a Registrar in place almost immediately but the statute perhaps, would not have been prescribed. How is it to be factored into the transitional arrangement?
    Dr Prempeh 1:47 p.m.
    Mr Speaker, it is a very important attention. If we go to clause 41 (1), (2), (3) and (4), it tells us that there is an Interim Council that has the powers of the Council established in clause 6. Clause 6, talks
    about the ‘'Functions of the Council'', so the Interim Council has the power to prescribe and that is what all the universities do. They adopt, for example, the statutes of the University of Ghana as appropriate.
    They do the necessary amendments, use it and based upon that power, they start the process for interviewing the Vice Chancellors and the Acting Registrars and confirm those processes.
    So, the transitional provisions give them the power to exercise the functions as they exists in clause 6 of the Bill. That is how it has been exercised, unless they would want us to specifically say something. This is because clause 41 (3) says:
    “The Interim Council shall perform the functions specified under section 6''.
    Mr First Deputy Speaker 1:47 p.m.
    Hon Majority Leader, you are covered.
    Clause 41 as amended ordered to stand part of the Bill.
    Mr Quaittoo 1:47 p.m.
    Mr Speaker, we have had a definition for the word matriculation to clause 40 which is the Interpretation clause.
    Dr Prempeh 1:47 p.m.
    Mr Speaker, before you put the Question on the entire clause 41, if you would permit me -- in clause 6 which has been voted for, in all the functions, even though we said it in clause 32 that; '' the Council shall enact the Statutes'', it is not in clause 6, so if you could direct the draftpersons to include in the functions as prescribing or enacting the statutes under clause 6 to make it generally owned.
    Mr First Deputy Speaker 1:47 p.m.
    I think we made some amendment like that on the Council enacting --
    Dr Prempeh 1:47 p.m.
    Yes, Mr Speaker, we made it in clause 32.
    Mr First Deputy Speaker 1:47 p.m.
    That amendment was made yesterday and we did not deal with clause 32 yesterday.
    Could the Table Office guide us? Did we make any such amendment?
    Mr Kyei-Mensah-Bonsu 1:47 p.m.
    Mr Speaker, what we have to do in clause 41(3) should not be confined to section 6 because the prescription of the statutes is also a function of the Council but it is not covered in clause 6, so we could import it there. So, it should be “under section 6 and” -- [Interruption.]
    So, clause 41(3) would read:
    “The Interim Council shall perform the functions specified under section 6 and under 32.
    Mr First Deputy Speaker 1:47 p.m.
    Hon Chairman of the Committee, we may amend clauses 6 and 32 to insert as part of the functions of the Council to enact rules and regulations.
    Mr Kyei-Mensah-Bonsu 1:47 p.m.
    Mr Speaker, I said that where we have them in clauses 6 and 32 it is alright but we would want the Interim Council to perform the functions in their period of existence. So, what we have to do to cure the mischief is to include ‘‘section 32'' in clause 41(3)
    So the new rendition would be:
    “The Interim Council shall perform the functions specified under sections 6 and 32''.
    Dr A. A. Osei 1:47 p.m.
    Mr Speaker, the Hon Chairman of the Committee talked about ‘Matriculation' -- then we are dealing with clauses 32 and 36 -- I cannot follow where we. [Laughter.]
    Mr First Deputy Speaker 1:47 p.m.
    The ‘Matriculation' was a definition in the Interpretation clause -- I was going to put the Question on the entire clause 40, when I permitted him to speak. .You are right, we have to finish with the Interpretation clause before we continue.
    Clause 40 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:47 p.m.
    There is a proposed amendment to add ‘‘and 32'' to clause 41(3). So, the new rendition would be:
    “The Interim Council shall perform the functions specified under sections 6 and 32''.
    Question put and amendment agreed to.
    Clause 41 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:47 p.m.
    We would now deal with the proposed amendment to clause 32, which is to introduce the dispute settlement procedure.
    Who would move that amendment?
    Mr Kyei-Mensah-Bonsu 1:47 p.m.
    Mr Speaker, on page 8 of the Order Paper, after ‘if' we could introduce a new paragraph that would read:
    “provide for the resolution of dispute settlement''.
    Question put and amendment agreed to
    Mr First Deputy Speaker 1:57 p.m.
    Mr Speaker, in that case, the proposed amendment in clause 39 should go to subclause 4. It shall read:
    “The Appeals Board shall hear and determine on appeal matters on (a) acts…;
    (b) breach…”
    Then, we have to bring at the end, ‘determined…'. There is no panel; I was going to suggest that -- we have asked for procedures -- “determined under the dispute settlement arrangement”. Is that right?
    If we look at clause 39(4), it says:
    “The Appeals Board shall hear and determine on appeal matters on
    Dr Prempeh 1:57 p.m.
    Mr Speaker, the Hon Majority Leader has suggested that we insert a new subclause (1) and state that:
    “(1) There shall be a dispute settlement procedure”.
    And in subclause (2) state that:
    “Without prejudice to (1), there shall be a University Appeals Board”.
    So that the head note will still read, “Dispute settlement”. The subclause (1) will make reference to the “Dispute settlement procedure”, as we have amended clause 32 to mean, and then, the 2 would state, “Not limiting
    ourselves or without prejudice to (1); we can then have the Appeals Board.
    Mr First Deputy Speaker 2:03 p.m.
    The appeals must nevertheless refer to proceedings emanating from -- but give me five minutes, I will come back.
    Having regard to the state of Business, I direct that the House Sits outside the regular Sitting hours.
    I will suspend Sitting for five minutes.

    Sitting suspended

    Sitting resumed
    Mr First Deputy Speaker 2:03 p.m.
    Hon Members, the House is called to order.
    Have we settled on any rendition yet?
    Mr Kyei-Mensah-Bonsu 2:03 p.m.
    Mr Speaker, with clause 39, you would remember I said that we should create a procedure for the dispute settlement. Now, we have located it in clause 32. But when we come to clause 39, we should still refer to that, then, clause 39 (1) will follow after
    that so that we provide the connection. It would read:
    “Dispute settlements shall be prescribed by the Statutes”.
    Then subclause (2) will read, “Without limiting ... there is established”; then it gives us the connection. If we accept the principle, then we leave it to the draftpersons.
    Mr First Deputy Speaker 2:03 p.m.
    Very well, I think we should leave it to the draftpersons.
    Mr Quaittoo 2:03 p.m.
    Mr Speaker, it is understood but in the subclause (1) here, which would become subclause (2), there is an amendment to it.
    Mr First Deputy Speaker 2:03 p.m.
    Can I hear your amendment?
    Mr Quaittoo 2:03 p.m.
    Mr Speaker, I beg to move, clause 39(1), delete we are deleting “a body to be known as” to read:
    “There is established by this Act a University of Technology and Applied Sciences Appeals Board.”
    Mr Banda 2:03 p.m.
    Mr Speaker, I thought the Hon Chairman of the Committee will add, “as a body corporate”?
    Mr First Deputy Speaker 2:03 p.m.
    No, it is not a body corporate. I was looking for you but you disappeared. [Laughter.]
    Mr Banda 2:03 p.m.
    Mr Speaker, I went to pray.
    Mr First Deputy Speaker 2:03 p.m.
    Very well. So it will read:
    “There is established by this Act a University of Technology and Applied Sciences Appeals Board.”
    Question put and amendment agreed to.
    Mr Quaittoo 2:03 p.m.
    Mr Speaker, there is also another amendment to clause 39 (6), line 2 delete “in”. There are two “in”; we should delete one.
    Mr First Deputy Speaker 2:03 p.m.
    Clause 39 (6), line 2, delete “in”?
    Mr Quaittoo 2:07 p.m.
    Mr Speaker, I beg to move that in cluase 39 subclause 6, line 2, we should delete “in”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:07 p.m.
    Now, the next thing is for the
    Mr First Deputy Speaker 2:07 p.m.


    draftpersons to redraft for the jurisdiction of the Appeal's Body to flow from the dispute resolution procedure. Is that right? Yes, so, can we put the Question on clause 41 as amended and then direct the draftpersons to redraft it?

    Hon Members, I wanted to put the Question on clause 41 as amended and direct the draftpersons to let the jurisdiction of the Appeal's Body to flow from matters emanating from the first instance, dispute resolution mechanism. Right?

    Very well.
    Mr Quaittoo 2:07 p.m.
    Mr Speaker, going back to clause 39 (6) line 1, “as”, to me is not relevant; it is redundant.
    ‘In the absence of the chairperson, one of the two lawyers specified in paragraph (b)…'
    Mr Speaker, I move that we delete “as”.
    Question put and amended agreed to.
    Clause 39 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:07 p.m.
    I direct the draftpersons to redraft
    clause 39 as adopted for its jurisdiction to flow from the dispute resolution mechanism set under the rules.
    I think I am done for this, unless there is any other matter.
    Mr Quaittoo 2:07 p.m.
    Mr Speaker, there is item numbered (xxiv).
    Mr First Deputy Speaker 2:07 p.m.
    The Schedule? Yes, Hon Chairman?
    Mr Quaittoo 2:07 p.m.
    Mr Speaker, I beg to move, the schedule, add the following new provision:
    “Oath of Secrecy
    I………………., holding the office of……………do (in the name of the Almighty God)(solemnly affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specifically permitted by law (So help me God).”
    Mr First Deputy Speaker 2:07 p.m.
    Is “The Oath of Secrecy” lifted from the Constitution?
    Mr Quaittoo 2:07 p.m.
    Mr Speaker, I think so.
    Mr First Deputy Speaker 2:07 p.m.
    Very well, once there are no errors.
    The new schedule is ordered to stand part of the Bill.
    Mr Kyei-Mensah-Bonsu 2:07 p.m.
    Mr Speaker, I believe that we need to indicate the person before whom this “Oath of Secrecy” will be sworn.
    Mr First Deputy Speaker 2:07 p.m.
    I do not understand your --
    Mr Kyei-Mensah-Bonsu 2:07 p.m.
    Mr Speaker, oaths are taken before a person on authority. So I was just saying that we must indicate the officer before whom this “Oath of Secrecy” must be taken. The oath of office, is to be sworn before the Hon Minister or such other person as the President may designate.
    So we should indicate it as far as this one is concerned. I believe that it will be the same thing as in the “oath of office”.
    Mr First Deputy Speaker 2:07 p.m.
    All right. If you look at the Appendices
    to our Standing Orders, Speaker's Oath is to be sworn before the Chief Justice (Standing Order 10) and that of an Hon Member of Parliament would be sworn before Mr Speaker (Standing Order 14).
    So where have you provided for who will swear this oath? In which clause is it?
    Mr Quaittoo 2:07 p.m.
    Mr Speaker, yesterday, we made all the amendments and they are in section 13(2), 17(7) and 22(8).
    Mr First Deputy Speaker 2:07 p.m.
    Very well. So, it would be sworn before the Hon Minister. So, in this case, who will the “Oath of Secrecy” be sworn before?
    Very well. So, you add that --
    [Pause] --
    Very well. The critical part is to look at the Oath itself and the draftpersons will look at the specific section and configure it appropriately as to before whom the oath should be sworn. Is that an appropriate order?
    Dr Prempeh 2:07 p.m.
    Mr Speaker, yes. In the Bill, it has been determined who will swear the Oath of Office in sections 13(2), 17(7) and 22(8) and all those people swear the official “Oath of Secrecy” as well.
    Mr First Deputy Speaker 2:07 p.m.
    So, the draftpersons would do the appropriate insertions.
    At this juncture, I bring the Consideration Stage of the Bill to a close. Hon Majority Leader, let me hear you.
    Mr Kyei-Mensah-Bonsu 2:07 p.m.
    Mr Speaker, having finished the Consideration Stage of the Bill, if we will deal with the short and long titles.
    Mr First Deputy Speaker 2:07 p.m.
    Very well.
    The short title -- University of Technology and Applied Sciences Bill, 2018.
    Mr Kyei-Mensah-Bonsu 2:07 p.m.
    Mr Speaker, the short title of this Bill is the “University of Technology and Applied Sciences Bill, 2018” and I move that we amend the short title as it stands now to ‘The C.K. Tedam University of Technology and Applied Sciences'.
    Mr Speaker, you would remember that the President has given a signal that the appropriate location -- Indeed, this had been in the works before the President made that pronouncement and because this is a policy, we should find expression in the Bill before us.
    So I beg to move, that the short title of this Bill be amended; the “University of Technology and
    Applied Sciences Bill, 2018” to be replaced with “C.K. Tedam University of Technology and Applied Sciences”.
    Mr First Deputy Speaker 2:07 p.m.
    Hon Minister for Education, you signed this Bill; I want to hear you on this matter.
    Dr Prempeh 2:07 p.m.
    Mr Speaker, I think I communicated same to Mr Speaker on Monday, the 22nd July, 2019 of the President's intention through a direction sent to my good office which I copied to the Hon Majority and Minority Leaders.
    Mr Speaker, indeed, I believe that the Hon Majority Leader's copy is what he is relating to. However, the President duly directed it. Thank you.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:17 p.m.
    Now let us take the short title.
    Mr Kyei-Mensah-Bonsu 2:17 p.m.
    Mr Speaker, having said so, it should have consequential effect on the various clauses contained in the Bill which captures the short title. You have put the Question on that. We are going to take the long title. That is why I would want to bring it to your attention.
    Mr First Deputy Speaker 2:17 p.m.
    I have not put the Question. I only put the Question on the proposed amendment. It is now that I am going to put the Question on the short title.
    Mr Kyei-Mensah-Bonsu 2:17 p.m.
    Very well, Mr Speaker.
    The short title as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:17 p.m.
    I hereby direct that the draftpersons effect the appropriate amendments throughout the Bill anywhere the short title is mentioned.
    Long title -- An ACT to establish the University of Technology and Applied Sciences and to provide for related matters.
    Mr Kyei-Mensah-Bonsu 2:17 p.m.
    Mr Speaker, I beg to move, that what we have done should consequentially affect the long title which then would appropriately read:
    “AN ACT to establish the C. K. Tedam University of Technology and Applied Sciences and to provide for related matters.”
    Mr Speaker, accordingly, I think the Explanatory Memorandum would also have to be consequentially affected. I believe because that comes
    from the Hon Minister, he would do the appropriate thing by effecting the necessary changes in the Explanatory Memorandum.
    Mr First Deputy Speaker 2:17 p.m.
    I think I have given the consequential order that concern all parts of the Bill, including the long title. So the long title as of now should read:
    “C. K. Tadem University of Technology and Applied Science Bill, 2018.”
    The long title as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:17 p.m.
    Yes, Hon Minister?
    Dr Prempeh 2:17 p.m.
    Mr Speaker, I think I heard you right but for the avoidance of doubt, the amendments do affect the Memorandum attached to the Bill because of the Communication from the President.
    Mr First Deputy Speaker 2:17 p.m.
    Very well. So I take that as a Motion.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:17 p.m.
    The C. K. Tedam University of Technology and Applied Sciences Bill, 2018 at the Consideration Stage is brought to a close.
    Mr Kyei-Mensah-Bonsu 2:17 p.m.
    Mr Speaker, yes, there is an Order Paper Addendum. It involves the laying of a document by the Hon Minister for Finance. So we could lay it on behalf of the Hon Minister for Finance.
    Mr First Deputy Speaker 2:17 p.m.
    Yes, Minority Leadership?
    Mr Ahmed Ibrahim 2:17 p.m.
    Mr Speaker, ordinarily, we would have no problem but for this Bill especially, one would have expected that at least, one of the Ministers would be here to lay this, but there is none of them here.
    There may be a change of mind, and I do not see why there should be an Addendum while none of the ministers is here to lay it. So I think the Hon Majority Leader would have to leave this one for Monday.
    Mr Kyei-Mensah-Bonsu 2:17 p.m.
    Mr Speaker, respectfully, this is not a Bill. He said this is a Bill to be laid. This is not a Bill. It is just a credit facility agreement.
    Mr Speaker, you know the Hon Deputy Minister was with us. She was recalled by the Hon Minister, because
    as we know, we have to do a major presentation in the House on Monday. They were relating to some issue that was in her custody.
    So she excused herself to go back and asked that this is done for the Hon Minister. That is why I am submitting this application.
    Mr Speaker, the laying of the document really means the House is taking custody of the agreement. There is nothing more and nothing less. So respectfully, my Hon colleague should understand what we are doing. The Hon Minister would come and speak to it next week.
    Mr A. Ibrahim 2:17 p.m.
    Mr Speaker, once I have the assurance that the Hon Minister for Parliamentary Affairs has the capacity to deliver on behalf of the Finance Minister, I have no objection. He may go ahead and lay it.
    Mr First Deputy Speaker 2:17 p.m.
    Hon Majority Leader, would you lay it on behalf of the Hon Minister for Finance?
    Mr Kyei-Mensah-Bonsu 2:17 p.m.
    Mr Speaker, I would lay it on behalf of the Hon Minister.
    Mr First Deputy Speaker 2:17 p.m.
    Very well.
    PAPERS 2:17 p.m.
    Mr First Deputy Speaker 2:17 p.m.
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 2:17 p.m.
    Mr Speaker, given the volume of work that we might have to transact, beginning Monday, and because of what we have done with the C. K. Tedam University of Technology and Applied Sciences Bill, 2018, I believe we could take the Third reading today. I have just been in consultation with my Colleague, the Hon Deputy
    Minority Chief Whip, and he has no objection. So I believe we can do that.
    Mr First Deputy Speaker 2:17 p.m.
    Very well. Hon Minister, you may move the Motion for the Third reading to be done.
    MOTIONS 2:27 p.m.
    Minister for Education (Dr Matthew O. Prempeh) 2:27 p.m.
    Mr Speaker, I beg to move that notwithstanding the provisions of Standing Order 131 (1) which requires that when a Bill has passed through the Consideration Stage, the Third reading thereof shall not be taken until at least twenty-four hours have elapsed, the Motion for the Third reading of the C. K. Tedam University of Technology and Applied Sciences Bill, 2018 may be moved today.
    Chairman of the Committee on Education (Mr William A. Quaittoo) 2:27 p.m.
    Mr Speaker, I beg to support the Motion.
    Question put and amendment agreed to.
    Resolved accordingly.
    Mr Kyei-Mensah-Bonsu 2:27 p.m.
    Mr Speaker, the Hon Minister moved a procedural Motion so we must put the Question on the procedural Motion to allow us to --
    Mr First Deputy Speaker 2:27 p.m.
    Yesterday, we discussed this matter.
    Mr Kyei-Mensah-Bonsu 2:27 p.m.
    If we have done so, then he has to move the Motion for the Third Reading.
    Mr First Deputy Speaker 2:27 p.m.
    For the Third Reading, we do not need the 48 -- hour notice. It is one of the exemptions.
    Mr Kyei-Mensah-Bonsu 2:27 p.m.
    Mr Speaker, respectfully, Order 131 provides:
    “A Bill having passed through the Consideration Stage, the Third Reading shall not be taken until at least twenty-four hours have elapsed …”
    Mr Speaker, so the Hon Minister applied that without prejudice to Order 131, he wants to move that we have the Third Reading done today and I think the application then came to you. So you put the Question on the procedural Motion. Having done
    so, he must now move the substantive Motion for the Third Reading.
    Mr First Deputy Speaker 2:27 p.m.
    Yes, you may move the Motion.
    BILLS -- THIRD READING 2:27 p.m.
    Mr First Deputy Speaker 2:27 p.m.
    Hon Majority Leader, I think I can bring proceedings to a close now.
    Mr Kyei-Mensah-Bonsu 2:27 p.m.
    Mr Speaker, I think we have done quite well for today. I believe we can take the Third Reading of the Statistics Bill, 2018 on Monday?
    Mr Speaker, I would commend you for a very good job done and my Hon Colleagues who have been in the Chamber for a good work done. As I said, we would stand item numbered 10 down and do it on Monday.
    Thank you, Mr Speaker.
    Mr First Deputy Speaker 2:27 p.m.
    Are you suggesting that we move the item numbered 10, now?
    Mr Kyei-Mensah-Bonsu 2:27 p.m.
    No, Mr Speaker. I am saying that we may have to agree on the short title. The Hon Minister is not here so we can do so on Monday.
    ADJOURNMENT 2:27 p.m.
  • The House was adjourned at 2.31 p.m. till Monday, 29th July, 2019 at 10.00 a.m.