Debates of 2 Aug 2019

MR SPEAKER
PRAYERS 11:20 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:20 a.m.
Mr Speaker 11:20 a.m.
Hon Members, correction of Votes and Proceedings of Thursday, 1st August, 2019.
Page 1…42 --
rose
Mr Speaker 11:20 a.m.
Yes, Hon Minority Leader?
Mr Iddrisu 11:20 a.m.
Mr Speaker, thank you. Just for guidance from the Ta- ble, page 42, before the Oath of Se- crecy, which was an additional new clause, there was the Schedule which dealt specifically with the oath of of- fice.
The Oath of Secrecy was addi- tional to the oath of office. I do not
Mr Speaker 11:20 a.m.
Thank you very much. Well noted.
Page 42…54
rose
Mr Speaker 11:20 a.m.
Yes, Hon Member?
Mr Iddrisu 11:20 a.m.
Mr Speaker, I would need guidance from the Table. Simon Diedong Dombo University for Business and Integrated Development Studies was when the Hon Majority Leader read the correspondence from the President and the Minister; he read it in full. I have seen that they just inserted Simon Diedong Dombo. Is that how it should read? --
Mr Speaker 11:20 a.m.
Thank you very much, if that is clear.
Hon Members, the Votes and Pro- ceedings of Thursday, 1st August,
2019 as corrected is hereby adopted as the true record of proceedings.
Hon Members, we also have the Official Report of Tuesday, 9th July,
2019.
Any corrections, please?
  • [No correction was made to the Official Report of Tuesday, 9th July, 2019.]
    • Mr Speaker 11:30 a.m.
    Hon Members, we have a very tall order and we would move with alacrity. It is worthy of note that matters of housekeeping have been taken care of and we want to kill Business before we finally rise today.
    In all relevant areas, we are to en- sure that the Constitutional (Amend- ment) Bill, 2018, Minerals and Min- ing (Amendment) Bill, 2019 and other matters, these are concluded accord- ingly.
    Hon Members, I beg to say that there would be no Questions and Statements this morning. We would move straight to Public Business.

    Item listed 5 -- Presentation of Papers.

    Item 5 (a).
    Mr Ameyaw-Cheremeh 11:30 a.m.
    Mr Speaker, I beg to seek your leave for the Hon Deputy Minister for Finance to lay the Paper on behalf of the Hon Minister.
    Mr Speaker 11:30 a.m.
    Very well.
    Hon Deputy Minister, you may lay the Paper.
    PAPERS 11:30 a.m.
    -- 11:30 a.m.
    Mr Speaker 11:30 a.m.
    Item 5 (b) -- Hon Minister for Defence.
    Mr Ameyaw-Cheremeh 11:30 a.m.
    Mr Speaker, I understand that there is an additional document to be supplied to the House before that Paper could be laid. So we could stand it down and vary the order of Business for us to take item numbered 26 -- the Third Reading of the Simon Diedong Dombo University of Business and In- tegrated Development Studies Bill,
    2018.
    Mr Speaker 11:30 a.m.
    Hon Members, we would take item listed 26.
    BILLS THIRD READING 11:30 a.m.
    Mr Speaker 11:30 a.m.
    Hon Majority Chief Whip.
    Mr Ameyaw-Cheremeh 11:30 a.m.
    Mr Speaker, the Finance Committee is in a meeting considering some of the matters that we would have to
    consider today. So if we could take the Questions that stand in the name of Hon Sophia K. Ackuaku and Hon Emmanuel --
    Mr Speaker 11:30 a.m.
    Hon Leader, because the Finance Committee is working, does it mean that there is nothing else that we could handle?
    Mr Ameyaw-Cheremeh 11:30 a.m.
    Mr Speaker, we cannot attend to any of the financial matters for now because the Committee --
    Mr Speaker 11:30 a.m.
    What about item numbered 52 -- the Minerals and Mining (Amendment) Bill, 2019?
    Mr Ameyaw-Cheremeh 11:30 a.m.
    Mr Speaker, we would have to lay that Paper first and the Hon Minister for Youth and Sports is a member of that Committee. So he could lay it on be- half of the Hon Chairman of the Com- mittee.
    Mr Speaker 11:30 a.m.
    Very well. Please do and let us do some guillotining and proceed.
    PAPERS 11:30 a.m.
    Mr Speaker 11:30 a.m.
    So, could we now take Motion numbered 52?
    Mr Iddrisu 11:30 a.m.
    Mr Speaker, as has been suggested by the Hon Majority Chief Whip, we could take the Questions standing in the name of the Ministry of Roads and Highways.
    Mr Speaker, probably, you may restrict follow up questions in order to save time because we would need time to study and appreciate all the Reports that are being distributed.
    Mr Speaker, we also need the Fi- nance Committee to be here on all the matters that relate to the Mid-Year Review. We cannot work without them and so if you do not mind we could vary the order of Business to accommodate the Hon Minister for Roads and Highways as we drive on.
    Mr Speaker, as they distribute the Report on the Minerals and Mining (Amendment) Bill, 2019, we would be ready to take it as well as any other matter that the Leader of Government Business may propose.
    Mr Speaker, but I would urge Hon Colleagues to restrict their follow up
    questions to just two questions to save time.
    Mr Speaker 11:30 a.m.
    Hon Leader, we may need to do that, but in the interim, is there no item to fill any gap?
    Hon Majority Chief Whip?
    Mr Ameyaw-Cheremeh 11:30 a.m.
    Mr Speaker, I subscribe to the view that has been expressed by the Hon Minority Leader that as we wait for the Finance Committee to finish their meeting, we could take those two Questions and make progress thereafter.
    Mr Speaker 11:30 a.m.
    We could handle Questions, but we know the nature of our agenda today: So in the mean- time, is there no item whatsoever that we could take?
    We could look at the principles of item numbered 52 --

    Hon Majority Chief Whip, could we take item numbered 48? Look at that Bill.
    Mr Ameyaw-Cheremeh 11:30 a.m.
    Mr Speaker, with regard to item 48, we would need the Finance Committee to do that business. As I indicated earlier, they are in a meeting working
    Mr Speaker 11:30 a.m.
    Please we have heard that but we are trying to see if there is any possibility of salvaging that situation. We know. By careful scrutiny is there anything whatsoever that can make us proceed?
    Mr Ahmed Ibrahim 11:40 a.m.
    Mr Speaker, in fact, going through the Order Paper for the day, almost all the motions and Businesses are for the Finance Committee. Even if we are of the view that an Hon Member can come and move a motion on behalf of the Hon Chairman, all the members including the leadership of the Committee are in the meeting right now. So we can deal with just a Question --
    Mr Speaker 11:40 a.m.
    We know. If we are coming back to the Questions, we are just examining the possibility.
    Mr A. Ibrahim 11:40 a.m.
    Mr Speaker, there is no other possible Business in the Order Paper for now.
    Mr Speaker 11:40 a.m.
    Hon Minister for Roads and Highways, you may take the appropriate seat.
    Hon Member for Ellembele?
    ORAL ANSWERS TO 11:40 a.m.
    QUESTIONS 11:40 a.m.
    MINISTRY OF ROADS AND 11:40 a.m.
    HIGHWAYS 11:40 a.m.
    Minister for Roads and High- ways (Mr Kwasi Amoako-Attah) 11:40 a.m.
    Mr Speaker, I thank you.
    Background
    The Esiama - Nkroful - Assasetre - Anyinasi road forms an integral part of the Regional Road (R88) and serves as one of the strategic roads leading to the coastlines in the Ellembelle District of the Western Region. The total length of the road is 26.5km.
    The first 6.5km of the road has been scarified and in a gravel state whilst the remaining 20km is bituminous surfaced and in fair condition.
    Current programme
    The road was awarded on contract on 18 th September, 2015 for rehabilitation to a double seal bituminous surface. The contract commenced on 28th October, 2015 and was scheduled for completion on 27th April, 2017.
    The Contractor has completed clearing works and executed some earthworks, drainage, sub-base and base works. The physical progress is estimated at 28 per cent.
    The project suffered delayed payment and as a result, the Contractor served notice to the Employer to pull out of the contract due to non-payment. The project has, therefore, been recommended for termination.
    In the meantime, routine maintenance works involving grading and pothole patching works, shall be carried out on the road to make the road motorable and safe; until a new contract is secured.
    Future programe
    The road has been re-packaged into three (3) Lots for re-award under Ghana Gas funding. Currently, funds have been secured for the first Lot (thus Lot 1: km 0.0 - 6.5) from Esiama and procurement for the works contract is on-going. Tenders have been received, opened and evaluation of tenders completed.
    The contract is expected to be awarded by the end of 3rd quarter, 2019. The road is expected to be upgraded to an asphaltic concrete surface under this new contract.
    The remaining section of the road, (thus km 6.5 - 26.5), which has been re-packaged into two (2) Lots for rehabilitation is waiting for funds from the Ghana Gas to commence the procurement process.
    Mr Buah 11:40 a.m.
    Mr Speaker, in the Hon Minister's Answer, he stated that this road is a very integral part of the regional road of R88. This road also leads to the birthplace of our First President, Osagyefo Dr Kwame Nkrumah, which it is a very historic place. The Hon Minister's Answer also provided that Lot 1 of the road would be done by Ghana Gas Com- pany Limited. It means that Lots 2 and 3 are not on any contract because

    it is stated that the Government of Ghana's contract was terminated. Could the Hon Minister consider get- ting Government of Ghana funding as quickly as possible for the Lots 2 and

    3?
    Mr Amoako-Attah 11:40 a.m.
    Mr Speaker, the entire road measuring 26.5km is expected to be undertaken and worked on by Ghana Gas, but be- cause of the length of the road as stated in my Answer, the road has been divided into three lots, and Ghana Gas Company Limited has confirmed the first lot measuring 6.5 km. As we commenced work on the 6.5 km, I believe the remaining 20km would be discussed with Ghana Gas Company Limited, taken up and the procurement process will commence.
    However, I would want to add that that road is very strategic and impor- tant to Government, and it is on Gov- ernment's priority list of roads. I have even had the opportunity to visit the area with my team, and I made a promise, as it has been told here, to the chief of Nkroful. And we are com- mitted to it. It would be done.
    Mr Speaker 11:40 a.m.
    Hon Minister, the Hon Member is finished with you. Thank you very much for attending to the House and answering our Questions.
    Mr Speaker 11:50 p.m.
    Hon Sophia Ackuaku?

    Steps to Install Road Safety Signs on the Kasoa -

    Amasaman-Obuom-Domeabra Road

    Q.625. Ms Sophia Karen Ackuaku asked 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.
    Mr Amoako-Attah 11:50 p.m.
    Mr Speaker, I thank you.
    Background
    The main Amasaman-Kasoa road starts from Amasaman in the Ga West Municipality of the Greater Accra Region through Domeabra, Obuom to Kasoa in the Awutu Senya East Municipality of the Central Region.
    It is an Inter-Regional Urban Road and 33.0km of length. This road is classified as a major arterial road by the Department of Urban Roads (DUR). It is a bituminous surfaced road and in good condition.
    Current programme
    The Contract for the Provision of Road Line Markings and Signs on selected roads in the Greater Accra Region including this road in question was awarded on 21st November, 2016 and commenced on 14 th December, 2016 for completion on 14 th December, 2018. The completion date was revised to 14th December, 2019. Roadline markings and signs, construction of speed ramps and bus stops on the said road are ongoing.
    The physical progress of work is projected at 80 per cent completion. Fixing or installation of street lights is however, not part of the road safety infrastructure. The project is financed from the Ghana Road Fund.
    Future programme
    Assessment for the installation of street lights had already been carried out for consideration when funds become available.
    Ms Ackuaku 11:50 p.m.
    Mr Speaker, can the Hon Minister assure us that the scope of work including road line markings and speed ramps would be completed by the 14th of December, 2019 as stated in his Answer?
    Mr Amoako Attah 11:50 p.m.
    Mr Speaker, from my Answer, it is very clear that this road has had a lot of problems since its inception in November, 2016. We have therefore repackaged it and we have given ourselves a deadline of 14th December, 2019. All these projects that are being consid- ered, which altogether bother on safety must be completed together because they speak and work with each other. None of them stands alone. No land markings, road signs, speed ramps and all. We would en- sure that we complete these projects within the time frame between now and December, 2019.
    Thank you, Mr Speaker.
    Mr Speaker 11:50 p.m.
    Hon Member, any following question?
    Mr Ameyaw-Cheremeh 11:50 p.m.
    Mr Speaker, I think we are done with the Hon Minister for Roads and Highways so you may discharge him.
    Mr Speaker 11:50 p.m.
    Thank you very much, Hon Minister, for coming expeditiously as usual.
    You are discharged, respectfully.
    Mr Ameyaw-Cheremeh 11:50 p.m.
    Mr Speaker, in view of the difficulty we are facing with the Committee on Fi- nance not being around to move the
    Mr Dafeamekpor 11:50 p.m.
    Mr Speaker, I have a Question in my name. It was listed and publicised yesterday and my understanding from Leadership was that all the Questions listed would be taken today. My Question is numbered 620. So this morning, I was hoping that the Minister for Fisheries and Aquaculture would be here for us to do this Business.
    Indeed, she was here yesterday but because of the variation of order of Business, we could not do it and I was hoping that today that would be done but she is not here. So, I am entirely in your hands.
    Mr Iddrisu 11:50 p.m.
    Mr Speaker, the Hon Majority Whip has made a request to you that we suspend Sitting and prob- ably come back after an hour when the Committee on Finance would have been ready and the report on the Min- erals and Mining (Amendment) Bill would have been distributed for us to go through the Second Reading. I think arguably, given that the state of Business as advertised is largely on financial matters, we cannot proceed without the Committee on Finance and the Ministry of Finance. So Mr
    Speaker, we support the suspension for an hour.
    Mr Ameyaw-Cheremeh 11:50 p.m.
    Mr Speaker, I think 30 minutes would do. They would be ready by then.
    Mr Iddrisu 11:50 p.m.
    Mr Speaker, I agree.
    Mr Speaker noon
    If the Leaders would kindly meet me in the Lobby for us to look at this Constitutional (Amendment) Bill and matters aris- ing therefrom in the interim so that we move ad idem and conclude all the remaining business.
    Mr Speaker noon
    Hon Members, there is a tribute for the late Hon Dr Ato Quarshie, Member of this House at one point. Shall we have it delivered?
    STATEMENTS noon
    Mr Haruna Iddrisu (NDC -- Tamale South) noon
    Mr Speaker, let me thank you for the opportunity, but with a heavy heart, I pay tribute to former Member of Parliament and former
    Minister of State for the Republic, Hon Dr Ato Quarshie.
    “Then heard a voice from heaven saying to me ‘‘Write: Blessed are the dead who die in the Lord from now on.' Yes, says the Spirit, “ that they may rest from their labours and their worths follow them.”'
    (Revelations 14:13; New King James Version)
    The Parliament of Ghana received the news of the demise of Hon Dr Ato Quarshie with much astonishment. This was particularly so due to his fre- quent visits to Parliament, and his Sides of the divide, prior to his home call. My personal physical interaction with him was when he joined us to pay our last respects to the late Lee Ocran, another former Member of Parliament.
    The late Dr Ato Quarshie is one of the pioneering Members of Parliament at the inception of the Fourth Repub- lic, who laboured towards the nurtur- ing and evolution of parliamentary de- mocracy in the country. He repre- sented the good people of Komenda/ Edina/Eguafo/Abirem in the Central Region and served on a number of Committees including the Committee
    on Food, Agriculture and Cocoa Af- fairs; Committee of Privileges and the House Committee.
    As a Member of Parliament, Hon Dr Ato Quarshie devoted himself to the work of the House, the Constituency and the service of the nation. His subsequent appointment as a Minister responsible for Roads and Highways when he failed to retain his seat in the ensuing elections rather deepened his commitment to the people of Komenda/Edina/Eguafo/ Abirem, and the nation.
    As a civil engineer by profession, he availed the nation of his expertise in the infrastructural sector of the economy, particularly roads, and he undoubtedly contributed immensely towards the expansion of that sec- tor. He had passion for the develop- ment of the country and exhibited a great sense of diligence and commit- ment towards the revamping of the road sector, which he considered as a catalyst to the socio-economic de- velopment of Ghana.
    It is indeed imperative to state that, Ghana's infrastructural development can never be complete without par- ticular mention of the late Dr Ato Quarshie's valuable contributions to the sector.
    The late Hon Dr Ato Quarshie, while moving a motion for the ap-
    Mr Haruna Iddrisu (NDC -- Tamale South) noon


    proval of the Annual Estimates of the Ministry of Roads and Highways for the 1995 Financial Year, had this to say:

    ‘‘Mr Speaker, the late 1970s and early 1980s witnessed a downward decline of economic activities in this country. During that period, the country witnessed a rapid deterioration of the roads in the country until the Economic Recovery Programme was introduced in the 1980s to arrest the rapid decline of the economy and the deterioration of our roads.

    ... In sum, roads can be seen as the capillaries, the arteries and the veins that keep the pulse beats of the country's economy. Our economic growth depends on the quality of our roads. This fact was recognised by the Gov- ernment in the past decade which allocated a large percent- age of the national resources to the Roads sector”.

    Whilst being deeply concerned about making up for road infrastructural deficit in the country, he never lost sight of the need for equitable distribution of the rather very scarce resources to all districts in the country. He held on to the conviction that, each district needed

    to have a bite of the national cake for infrastructural development and improvement in the means of livelihood of the communities. Thus, he still in his contribution to the de- bate on a Motion on the Roads sec- tor stated:

    “... I would like to make mention of the programme which the Department of Feeder Roads has made in the area of labour- intensive road construction. According to the programme, most of the contractors were selected from the areas where the roads are located. It is our programme that we give every District Administration one labour-based contract.”

    As an academic, Dr Ato Quarshie eschewed mediocrity and believed in capability as a critical factor in the effective and efficient execution of assigned tasks. He was an ardent advocate for training and retooling of people to guarantee the delivery of public goods and to ensure value for money in all projects executed. As part of this advocacy, he had this to say concerning the industry players in the Roads sector of the country:

    “... Mr Speaker, we are also bent on capacity building so we have a programme to train our contractors so that they can rub

    shoulders with their counterparts from abroad.”

    He had a strong conviction for the training and grooming of young contractors.

    Dr Ato Quarshie de-emphasised partisanship in his public engagements and sought to indulge in intellectual discourse whether in plenary or in Committee and other platforms outside the House. He was not used to giving in to trivialities and pettiness.

    While his causes may be personal, his disagreements never were. The nobility of his politics disallowed him from perceiving differences of political opinion as obstacle to cooperation and mutual respect. Even in the heat of arguments and debates, he saw his political adversaries as patriots and never allowed himself to be carried away.

    He achieved this by adhering to principle, seeking compromise, building consensus and promoting common causes. In spite of the fact that Dr Ato Quarshie was then the Minister responsible for the road sector, he always endeavoured to avail himself in Parliament to assist in the conduct of Business including in particular, government Business.
    Mr Haruna Iddrisu (NDC -- Tamale South) noon


    departed rest in the bosom of the Good Lord till we meet again. Our deepest sympathy and condolences to the affected family. May his soul rest in perfect peace.
    Mr Speaker noon
    Thank you very much, Hon Minority Leader.
    Shall we have some two contributions, one from each Side?
    Mr Samuel Atta-Mills (NDC --Komenda/Edina/Eguafo/ Abirem) 12:10 p.m.
    Thank you very much Mr Speaker, for giving me the opportunity to add a word to the passing away of Dr Ato Quarshie. He was a great leader for us in Komenda/Edina/ Eguafo/Abirem.
    He was a three-term Member of Parliament who was a glue of the society. He was a family friend and mentor, and he had something to do with most of the roads in Ghana, but what he did that really helped us over there was that, he was somebody who related so well with all such it did not matter the political divide you came from. He brought peace in Elmina, Central Region and the country as a whole.
    The constituency has lost a great person. He was someone you could go to at any time for any kind of
    advice, and it did not matter the time or day you went to him. He would call you whenever he felt that there were some issues that needed to be addressed in the constituency.

    Mr Speaker, Dr Ato Quarshie was a great father. When I wanted to run as an Hon Member of Parliament for my constituency, he took me around the area. Up till now, if one mentions Dr Ato Quarshie's name, everybody knows him, and would have something to say about how he paved a way for them, or whatever else he did for him.

    We have lost a great patriot. May his soul rest in perfect peace. Thank you, Mr Speaker.
    Mr Ken Ohene Agyapong (NPP -- Assin Central) 12:10 p.m.
    Thank you, Mr Speaker.
    Mr Speaker, I rise to support the Statement made by the Hon Minority Leader on the late Dr Ato Quarshie.
    Mr Speaker, irrespective of our political divide, Dr Ato Quarshie is one man that I really admired because of his sacrifice, especially for the Central Region.
    Mr Speaker, although Dr Ato Quarshie is my in-law, I would not
    stereotype and say that he has been good to me because he is my in-law. However, in actual fact, he was good to the people of the Central Region.
    Mr Speaker, Dr Quarshie had in- fluence in the Komenda/Edina/ Eguafo/Abirem Constituency. When he said he was going to contest, his constituents felt that he was old and should therefore give the opportunity to the young ones. It did not go down well with him, and so he decided to go independent.
    Mr Speaker, because he went in- dependent, it was the first time that the New Patriotic Party (NPP) was able to win the seat in that constituency. When one goes to Elmina, the road constructions over there indicate that indeed, Dr Ato Quarshie was a dedicated son of that Constituency.
    As soon as he united with his party, it became clear that the NPP could not win the seat; hence, the presence of the Hon Atta-Mills in this Parliament. Whenever he throws his support behind a person, the person wins because the Komenda/Edina / Eguafo/Abirem Constituency recog- nises and respects him for the good works he did for them.
    Mr Speaker, he not only did good things for his constituency, but for the
    entire Central Region. When we were students, I remember that it could take a person about four hours to get to Cape Coast from Assin Fosu.
    Although road construction there was started by President Rawlings, when Dr Quarshie became the Hon Minister for Roads and Highways, the Central Region experienced a big change. He was not biased, but was able to help other constituencies to also experience asphalt roads. We did not even know what it was about, but through him, some of the district capitals in the Central Region got very good roads.
    Mr Speaker, I therefore believe that politics should be put aside for us to commend Dr Ato Quarshie for his good works for the Region and especially, his constituency. I strongly believe that we have lost a great man of the Region, and a great man of the constituency.
    My Hon Colleague, the Hon Atta- Mills, now has the task of emulating his good deeds, which would give him a long stay in Parliament. I have confidence in my Hon Colleague that he would be able to take over from Dr Ato Quarshie. However, it would be a great task for the Hon Mills, if he would be able to do exactly as Dr Quarshie did, especially for his constituency.
    Mr Ken Ohene Agyapong (NPP -- Assin Central) 12:10 p.m.


    Dr Ato Quarshie deserves to be praised, despite our political divide. He deserves the commendation, and therefore, I would say that may his soul rest in peace. Thank you, Mr Speaker.
    Mr Cassiel Ato Baah Forson (NDC -- Ajumako/Enyan/ Essiam) 12:10 p.m.
    Mr Speaker, I thank you for the opportunity to make a brief comment about the tribute that was made by the Hon Minority Leader.
    Mr Speaker, Dr Ato Quarshie is known to me personally. I say so because he used to be an Hon Member of Parliament for the Komenda/Edina/Eguafo/Abirem (KEEA) Constituency in the Central Region.
    Mr Speaker, Dr Ato Quarshie served for three consecutive terms as a Member of Parliament. The foot- prints and the hand writing of Dr Quarshie in the KEEA Constituency is obvious, when a person visits that place.
    Mr Speaker, he has contributed so much to the KEEA Constituency and the people of the Central Region. During his time as Minister for the Central Region, and obviously, as Hon Minister for Roads and Highways, he contributed so much to the develop-
    ment of his constituency and the good people of the Central Region.
    I believe that the people of the Central Region has lost a great son, an emaculate gentleman, and a true citizen of this country. I pray that the Lord Almighty keeps his soul safe and peaceful.
    Mr Speaker, we also wish to say that the NDC in the Central Region has lost a son; someone who served as the Regional Chairman of the NDC in the Central Region for four years. During his reign, the NDC as a party made a lot of gains in how it was run in the Region. The NDC in the Cen- tral Region have lost a son, and we would forever miss him. I could only say that may his soul rest in perfect peace.
    Mr Kwabena Owusu-Aduomi (NPP -- Ejisu) 12:10 p.m.
    Mr Speaker, I met Dr Quarshie when I was in the North- ern Region as the Maintenance Engi- neer of the Ghana Highway Author- ity. At that time, he was the Hon Minster for Roads and Highways.
    Anytime he was in the Northern Region on inspection, every engineer in all the agencies, be it the Ghana Highway Authority, Department of Feeder Roads or Department of Ur- ban Roads; every one of us was very up and doing; very responsible.
    Mr Speaker 12:10 p.m.
    Yes, Leadership?
    Alhaji Inusah A. B. Fuseini (NDC --Tamale Central) 12:20 p.m.
    Mr Speaker, thank you for the opportunity to eulogise the former Member of Parliament for the KEEA Constituency.
    He was a former Hon Minister for Roads and Highways and a distinguished statesman of this country.
    Mr Speaker, I came into contact with Dr Ato Quashie when I was a student leader at the University of Ghana. He would visit the University of Ghana to interact with the students and ginger us up and make us aware why it was important to build the culture of service, commitment and dedication to the Motherland.
    Mr Speaker, while still a student and he being a Member of Parliament, we had opportunity to visit him in his home and I could attest to the fact that Dr Ato Quashie always had welcoming arms. He would receive students; persons lower than his age
    Mr Speaker 12:20 p.m.
    Majority Leadership?
    Mr Kwasi Ameyaw-Cheremeh (NPP -- Sunyani East) 12:20 p.m.
    Mr Speaker, I must confess that I know next to nothing about the departed former Hon Colleague of Parliament. So on our Side, we associated ourselves with all the statements that have been said in memory of the late Hon Member.
    Thank you, Mr Speaker.
    Mr Speaker 12:20 p.m.
    Hon Members, we shall have a minute's silence.
    [A minute's silence was observed].
    Mr Speaker 12:20 p.m.
    May the soul of the late Hon Member, Ato Quashie (Dr) rest in perfect peace. Amen.
    [Pause] --
    Hon Members, item listed 57?
    Mr Ameyaw-Cheremeh 12:20 p.m.
    Mr Speaker, I seek your permission for the Hon Minister for Monitoring and Evaluation to move item listed 57 on behalf of the Hon Minister for Communications.
    Mr Speaker 12:20 p.m.
    Yes, Hon Minister?
    MOTION 12:20 p.m.
    Mr Speaker 12:30 p.m.
    Who seconds the Motion?
    Chairman of the Committee 12:30 p.m.
    Mr Fredrick Opare-Ansah 12:30 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 12:30 p.m.
    Hon Members, item numbered 58.
    BILLS -- SECOND 12:30 p.m.
    READING 12:30 p.m.
    Chairman of the Committee (Mr Fredrick Opare-Ansah) 12:30 p.m.
    Mr Speaker, I beg to support the Motion and in doing so, I present your Committee's Report.
    1.0 Introduction
    1.1 The Ghana Meteorological Agency (Amendment) Bill, 2019 was laid in Parliament by the Hon Minister for Communications, Mrs Ursula Owusu-Ekuful on Monday, 22nd July, 2019 and referred to the Committee on Communications for consideration and report, pursuant to Order 182 of the Standing Orders of Parliament.
    Subsequently, the Committee met with the Hon Minister for Communications, Mrs Ursula Owusu-Ekuful, a Deputy Minister, Mr Vincent Sowah and officials from the Ghana Meteorological Agency on
    Saturday, 27th July 2019 and consid- ered the referral.
    The Committee expresses its appreciation to the Hon. Minister and her team for attending upon the Committee to assist in its deliberations.
    2.0 Reference Documents
    The Committee was guided by the following documents during its deliberations:
    i. The 1992 Constitution of the Republic of Ghana;
    ii. The Standing Orders of Parliament;
    iii. Ghana Meteorological Agency Act, 2004 (Act 682); and
    iv. Ghana Civil Aviation (Amendment ) Act, 2019 (Act 985).
    3.0 Background Information
    The Ghana Meteorological Agency was established in 2004 under the Ghana Meteorological Agency Act, 2004 (Act 682). Act 682 mandates the Agency to provide among others, weather forecast for agriculture, ma- rine, civil aviation and related activi-
    ties to mitigate the effects of natural disasters.
    The Agency is also to ensure the provision of accurate and reliable weather and climate information to organisations such as the World Me- teorological Organisation in line with the United Nations Framework Con- vention on Climate Change, and the United Nations Convention to Com- bat Desertification.
    Although the Agency has for the past 15 years, since its establishment, provided valuable meteorological services to the country, its operations have been undermined by a number of challenges. Of particular concern is the inability of the agency to generate adequate funds to support its operations.
    It is to be recalled that the International Civil Aviation Organisation and the World Meteorological Organisation at a Convention in Chicago in 1944, agreed that meteorological agencies should recover cost for sendees rendered to the aviation sector. This Convention was subsequently ratified by Ghana on the 9th of May, 1957. However, no provision has been made in Act 682 to enable the Agency recover the cost of services it renders to the aviation industry.
    Chairman of the Committee (Mr Fredrick Opare-Ansah) 12:30 p.m.
    4.0 Purpose of the Bill
    The Bill seeks to amend the Ghana Meteorological Agency Act of 2004 (Act 682) to specify the percentage of fees and charges in the aviation sector to be used as sources of money for the National Meteorological Fund and for related matters.
    5 .0 Observations and Recommendations
    5.1 The Committee was informed that the Ghana Meteorological Agency (GMet) prior to the attainment of ISO 9001, 2015, was audited by the Certification Group Limited, United Kingdom (UK).
    The auditors assessed the risk and opportunities within the Agency's business environment and identified the lack of a secured and a sustainable source of funding as a major risk to the operations of the Agency. It is important to observe that the operations of Meteorological Services are generally capital intensive. Unfortunately, the Government of Ghana's (GoG) allocation to the Agency over the years has been in-

    adequate thereby rendering the Agency incapable of replacing some of its obsolete and defective equipment. Although GMet provides aeronautical data to the aviation industry for which it is expected to generate funds internally, the aviation industry does not always pay for the services rendered in respect of aeronautical data provided to the Ghana Civil Aviation Authority (GCAA) and the Ghana Airport Company Limited (GACL). This situation, is attributed to the lack of adequate legal provisions mandating GMet to charge for services rendered.

    The Committee expressed optimism that the amendment will provide for a financial recovery' arrangement with the aviation sector to allow GMet receive fees and charges for services it renders to the Ghana Civil Aviation Authority and the Ghana Airport Company Limited.

    It was noted that, having a secure and sustainable source of funding will help minimise the major risks identified by the Certification Group Limited, UK and also ensure that GMet sustains the ISO standards in line with the International Civil Aviation Organisation (ICAO) and the World Meteorological Organisation (WMO) agreement which was signed in 1944

    (Chicago Treaty), and ratified by Ghana in May 1957.

    The Certification Group Limited UK, identified staff of GMet as a major stakeholder for the attainment and maintenance of the ISO 9001, 2015 Certification. The auditors observed that, the staff attrition rate was very high and therefore posed a risk to the full realisation of the objectives of the Agency.

    The amendment which provides for a secure and sustainable source of funding would help the Agency im- prove the conditions of service of staff and thereby reduce the high attrition rate. It will also enable the Agency to attract and retain the right calibre of persons for employment.

    The Agency informed the Commit- tee that with the passage of the Bill, it would be able to raise a minimum of forty-one million cedis (GH¢41,000,000) in year 2020. The amount to be generated will far ex- ceed the annual budgetary allocation of about twenty- two million (GH¢22,000,000) cedis to the Agency for year 2019. The amendment will bring about some certainty and pre- dictability in the financing of meteoro- logical activities and programmes and provide a secure and sustainable source of funding for GMet. This could eventually enable GMet wean itself off government subvention.

    The Committee noted that the funds generated internally, will enable GMet acquire and install some state-of-the- art meteorological equipment to en- sure accurate, reliable and timely weather and climate information. This will help prevent avoidable disasters caused by the weather and climatic changes and safeguard lives and properties. The acquisition of Data Dissemination Platform for instance will enable GMet exchange data information to enhance analysis for weather and climate outlook.

    The acquisition and installation of state-of-the-art meteorological equipment will also enable GMet to implement the International Civil Avia- tion Organisation (ICAO) and World Meteorological Organisation (WMO) standards for international air aviation. This will lead to an increased confi- dence in the use of Ghana's airspace, attract more airlines into the country and thus position Ghana as a hub for international air navigation in Africa. This could boost revenue generation and contribute to socio-economic development.

    5.5 The Committee observed that Clause 1 of the Bill seeks to amend subparagraph (iii) of paragraph (c) of subsection (1) of section 4 of the Act. Per the current law, the Geography Department of the University of

    Ghana is the only institution required to have a representative on the Governing Board of the Agency. The amendment therefore is to increase the pool of tertiary institutions from which the President can appoint a representative.

    Clause 2 of the Bill is to also amend section 4 of Act 682 to specify the percentage of charges to be used as sources of money for the National Meteorological Fund.

    6.0 Proposed Amendments

    Clause 1 -- Amendments proposed - line 5, after ‘ s c i e n c e ' add “nominated by the Minister”.

    Clause 2 -- Amendments proposed - line 2, after “of' add “subsection (2) of”.

    Clause 2 -- Amendments proposed -- lines 5 and 6, delete and insert the following:

    “(i) ten per cent of all Landing Charges collected by the Ghana Civil Aviation Authority in accordance with section 36 of the Ghana Civil Aviation Act, 2004 (Act

    678)”.

    Clause 2 -- Amendments proposed - lines 7, 8 and 9, delete and insert the following:
    Chairman of the Committee (Mr Fredrick Opare-Ansah) 12:30 p.m.


    “(ii) ten per cent of Over-flight Charges collected by the Ghana Civil Aviation Authority in accordance with section 36 of the Ghana Civil Aviation Act, 2004 (Act

    678)”.

    Clause 2 -- Amendments proposed -- lines 10 and 11, delete and insert the following:

    “(iii) five per cent of the Airport Tax collected by an aerodrome operator in accordance with section 1 of the Airport Tax Act, 1963 (Act 209).”

    7.0 Conclusion

    The Committee having thoroughly examined the Bill, is of the considered view that the amendments will to a large extent, enable the Ghana Meteorological Agency raise adequate funds and reposition it to effectively deliver on its mandate of providing cost-effective weather and climate sendees, to support the sustainable socio-economic develop- ment of the country.

    In the light of the foregoing, the Committee recommends that the House adopts its report on the Ghana Meteorological Agency (Amendment) Bill, 2019.

    Respectfully submitted.

    Question proposed.
    Mr Andrew Kofi Egyapa Mer- cer (NPP -- Sekondi) 12:30 p.m.
    Mr Speaker, I thank you for the opportunity to contribute to the Motion.
    Mr Speaker, indeed, the role of the Ghana Meteorological Agency in the aviation industry, in the maritime in- dustry, farming and other allied activi- ties in this economy, cannot be over emphasised. Unfortunately, as your Committee noted in its deliberation, this important agency of State has been starved of adequate resources to enable it carry out the important role that it should play in this country.
    That situation is one that affects many other agencies in this country -- lack of adequate funds to enable them perform their duties. That situ- ation in itself does not also augur well for us as a nation because our budg- etary allocations that we make to these agencies are not sufficient.
    However, one of the key sectors this Agency provides services to, are rather beneficiaries of huge sums of moneys that the Agency does not benefit from. As a Committee, we deemed that as inappropriate and im- proper, so the recommendation that came from the Ministry to amend the Meteorological Services Act to pro-
    vide for dedicated funds to the Agency to support its work, was welcomed by us.
    Mr Speaker, indeed, these taxes that inure to the players in the aviation sector particularly, the General Civil Aviation Authority (GCAA) and the Ghana Airport Company, setting aside a portion of that to support the work of the Ghana Meteorological Agency, is welcomed.
    Mr Speaker, accordingly, I urge Hon Members of this House, to support the Report and approve the proposed amendment to the Act that the Ministry has submitted to enable us provide for the services of this Agency and to help that Agency to contribute to the development of this country.
    Mr Mahama Ayariga (NDC -- Bawku Central) 12:40 p.m.
    Mr Speaker, there was a time when it was very difficult to count on the weather predictions by the Ghana Meteorological Agency of the country. A lot of it had to do with capacity and equipment. That also boils down to resourcing.
    Mr Speaker, clearly, they play a major role in the aviation industry and also in the agricultural sector. Farm-
    ers need reliable information on rain- fall; when it will happen; what quanti- ties among others. So as we advance in our effort to develop our agricul- tural sector, we also need to have a very well equipped and effective me- teorological agency doing its work and providing accurate information.
    Mr Speaker, I see this intervention not simply as a matter that helps the Ghana Civil Aviation Authority (GCAA) but also the agricultural sec- tor and society generally. I definitely want to lend my support to this Mo- tion and to urge Hon Members to vote for it on the understanding that hence- forth, with this level of resource in- flow to the meteorological services, we would be able to have a strength- ened service that has resources to in- vest in infrastructure that enables them to give us very accurate information.
    Mr Speaker, except to say that the Committee's Report does not indicate whether the stakeholders who ap- peared before your Committee gave any indication of whether the reap- portionment of resources from GCAA and Ghana Airport Company Ltd (GACL) will have any impact on con- sumers of their service -- that is, the services of the GACL or GCAA -- Are passengers going to suffer a price increase as a result of the fact that GACL and GCAA will cede some of the resources that would ordinarily
    Mr Speaker 12:40 p.m.
    At the conclusion of the debate, I will put the Question.
    Question put and Motion agreed to.
    The Ghana Meteorological Agency (Amendment) Bill, 2019 was accordingly read a Second time.
    Mr Speaker 12:40 p.m.
    Hon Members, item listed 59, Motion by the Hon Minister for Communications.
    Suspension of Standing Order 128(1)
    Minister for Communications (Mrs Ursula G. Owusu-Ekuful) 12:40 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128(1) which requires that when a bill has been read a second time it shall pass through a consideration stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Ghana Meteorological Agency (Amendment) Bill, 2019 may be taken today.
    Chairman of the Committee (Mr Frederick Opare-Ansah) 12:40 p.m.
    Mr Speaker, I beg to second the Motion except to say that it is the Bill. I heard Hon Members say they heard, “Act”. I am sure the Hon Minister said Bill.
    Question put and Motion agreed to.
    Resolved accordingly
    Mr Speaker 12:40 p.m.
    Hon Members, we will now move to the Consideration Stage, item listed 60.
    Mr Kyei-Mensah-Bonsu 12:40 p.m.
    Mr Speaker, the item listed 60; the
    amendments proposed in the Ghana Meteorological Agency (Amend- ment) Bill, 2019 are supposed to fea- ture on the Order Paper Addendum since they are not recorded in this Order Paper. Unfortunately, the Ad- dendum is not with us but the amend- ment proposed are also contained in the Report submitted by the Commit- tee. Since Hon Members have the Committee Report, I believe we can take the Consideration stage now.
    Mr Speaker 12:40 p.m.
    Hon Members, the proposed amendments as I earlier indicated are on pages 4 and 5 of the Report before us. [Pause]
    BILLS -- CONSIDERATION 12:40 p.m.
    STAGE 12:40 p.m.
    Mr Frederick Opare-Ansah 12:40 p.m.
    Mr Speaker, I beg to move, clause 1, line 5, after “science” add “nominated by the Minister”.
    Mr Speaker, in the original enactment the person to be appointed by the President comes from only one institution being the Department of Geography and Resource Develop-
    ment of the University of Ghana. It was clear that the institution would nominate the person. Now, the pro- posed amendment that is contained in the Bill seeks to expand the spec- trum within which the President would be able to draw the relevant persons from. So, we are looking at several institutions and it is not too easy for them to come to an agreement as to which particular institution the person has to be drawn from. The Commit- tee proposes that we allow the Min- ister to nominate the person to be appointed by the President.
    Mr Speaker 12:50 p.m.
    Hon Members, I can see an indication of agreement.
    Question put and amendment agreed to.
    Clause 1 as amended ordered to stand part of the Bill.
    Clause 2 -- Section 12 of Act 862 amended.
    Mr Opare-Ansah 12:50 p.m.
    Mr Speaker, I beg to move, clause 2, line 2, after “of” add “subsection (2) of”.
    Mr Speaker, when you look at the principal enactment and then look at the internment of clause 2, it is clear that it is trying to amend the subsec- tion (2) of the relevant section, but that was omitted in the Bill. So, this amend- ment is to correct that omission.
    Mr Opare-Ansah 12:50 p.m.
    Mr Speaker, I beg to move, clause 2 -- line 5 and 6, delete and insert the following:
    (i) Ten per cent of Landing Charges collected by the Ghana Civil Aviation in accordance with section 36 of the Ghana Civil Aviation Act, 2004 (Act 678).
    Question put and amendment agreed to.
    Mr Opare-Ansah 12:50 p.m.
    Mr Speaker, I beg to move, clause 2 line 7, 8 and 9, delete and insert the following:
    “(ii) ten per cent of Over-flight Charges collected by the Ghana Civil Aviation Authority in accordance with section 36 of the Ghana Civil Aviation Act, 2004 (Act
    678)”.
    Mr Speaker, these amendments are recrafting of the provisions as contained in the Bill, just to situate the provision correctly within the ambit of the Act within which the original charges are being collected.
    Alhaji I.A.B. Fuseini 12:50 p.m.
    Mr Speaker, these amendments are
    better crafted than were originally pro- posed in the Amendment Bill. So we agree with him.
    Question put and amendment agreed to.
    Mr Opare-Ansah 12:50 p.m.
    Mr Speaker, I beg to move, clause 2 -- line 10 and 11, delete and insert the following:
    “(iii) five per cent of the Airport Tax collected by an aerodrome operator in accordance with section 1 of the Airport Tax Act, 1963 (Act 209)”
    Question put and amendment agreed to.
    Clauses 1 and 2 as amended ordered to stand part of the Bill.
    The Long title ordered to stand part of the Bill.
    Mr Speaker 12:50 p.m.
    Hon Chairman, do we end the Consideration Stage?
    Hon Members, that brings the Consideration Stage to an end.
    Yes Hon Minister, Motion listed
    62?
    Suspension of Standing Order
    131(1)
    Mrs Ekuful 12:50 p.m.
    Mr Speaker, I beg to move, that notwithstanding the pro- visions of Standing Order 131(1) which require 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 Rreading of the Ghana Mete- orological Agency (Amendment) Bill, 2019 may be moved today.
    Mr Iddrisu 12:50 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and motion agreed to.
    Resolved accordingly.
    Mr Speaker 12:50 p.m.
    Hon Members, item listed 62, Hon Minister for Com- munication?
    BILLS -- THIRD READING 12:50 p.m.
    Mr Speaker 12:50 p.m.
    Hon Leaders, we had an understanding to suspend Sit- ting for a few minutes to resolve a few issues.
    Hon Majority Leader, the Major- ity Chief Whip may advise you as to our suspending Sitting for a while to resolve a couple of issues.
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, before we do, there are some three documents to be laid. Could we lay them and then take the Suspension that you are relating to?
    Mr Speaker 12:50 p.m.
    Yes, you may please draw our attention and proceed.
    Mr Kyei-Mensah-Bonsu 12:50 p.m.
    Mr Speaker, the Papers to be laid would be done by the Hon Ministers for Fi- nance and Defence. They are been captured on the Order Paper Addendum.
    Mr Speaker 12:50 p.m.
    Thank you very much.
    Hon Members, the Order Paper Addendum, Presentation of Papers. Item 1(a) (i).
    PAPERS 1 p.m.
    Mr Speaker 1 p.m.
    Item numbered 1(b) -- Hon Minister for Defence?
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, the Hon Minister for Edu- cation would lay the Paper on behalf of the Hon Minister for Defence.
    Mr Speaker 1 p.m.
    Hon Minister for Education?
    Minister for Education (Dr Mat- thew O. Prempeh)(on behalf of the Minister for Defence)
    Commercial Agreement be- tween the Government of the Republic of Ghana (represented by the Ministry of Defence) and Financier DUC, Luxembourg for an amount of eleven million, forty thousand, four hundred twenty-five United States dol- lars (US$ 11, 040, 425.00) for the Supply of Night Vision Bin- oculars, Monoculars, Accesso- ries and Training of Personnel of the Ghana Armed Forces
    (GAF).
    Referred to the Joint Committee on Defence and Interior and Fi- nance.
    Mr Forson 1 p.m.
    Mr Speaker, I just want to confirm if enough copies would be made available to all of us so that we would be able peruse it?
    Mr Speaker 1 p.m.
    Very well.
    Mr Kyei-Mensah-Bonsu 1 p.m.
    Mr Speaker, recognising that the House
    is required to adjourn sine die today and these matters should go before the appropriate Committees for con- sideration and report, it would cer- tainly be made available to Hon Mem- bers of the Committee and the entirety of the House.
    Mr Speaker 1 p.m.
    Are we in a position to suspend Sitting for half an hour?
    rose
    Mr Speaker 1 p.m.
    Hon Chairman, you would have to hold your horses a while and liaise with the Hon Major- ity Leader as to the next step.
    Hon Members, we have agreed to suspend Sitting for half an hour to do some consultations. Consulting the Hon Leader is a very important part of our processes. We would stand suspended till 1.30 p.m. but let us return expeditiously as we consult on a few matters to be able to conclude on the various issues ahead of us.
    Thank you.
    1.06 p.m. -- Sitting suspended.
    4.52 p.m. -- Sitting resumed.
  • [MR FIRST DEPUTY SPEAKER IN THE CHAIR.]
    • Mr First Deputy Speaker 1 p.m.
    Hon Members, I am advised that we may dispose of item numbered 51 because the Motion has actually matured. In that case, I would go to item numbered 52 -- Motion, by the Hon Minister for Lands and Natural Re- sources.
    BILLS -- SECOND READING 1 p.m.
    Minister for Lands and Natural Resources (Mr Kwaku Asomah Cheremeh) 1 p.m.
    Mr Speaker, I beg to move, that the Minerals and Mining (Amendment) Bill, 2019 be now read a Second time.
    Mr Speaker, in doing so, the policy is that the proposed Minerals and Mining (Amendment) Bill, 2019 is intended to amend the Minerals and Mining Act of 2006 (Act 703), to increase the penalties for persons who engage in illegal mining, both the well- noted illegal small scale mining popularly referred to as galamsey and other forms of associate illegal mining activities with the aim of making them more deterrent to the activity.
    Mr Speaker, we are all witnesses to the devastation caused to our
    Mr First Deputy Speaker 1 p.m.
    Yes, Hon Chairman of the Committee?
    Chairman of the Committee (Mr Emmanuel Akwasi Gyamfi) 1 p.m.
    Mr Speaker, I rise to associate my- self with the Motion on the Floor. In
    doing so, I present your Committee's Report.
    1.0 Introduction:
    1.1 The Minerals and Mining (Amendment) Bill, 2019 was laid in Parliament on 30th July, 2019 by the Hon Deputy Minister for Lands and Natural Resources, Hon Benito Owusu-Bio pursuant to article 106(1) of the 1992 Constitution.
    1.2 The Bill was subsequently re- ferred to by Mr Speaker to the Committee on Mines and Energy for consideration and report, pursuant to article 106(4) of the 1992 Constitu- tion and Order 188 of the Standing Orders of Parliament.
    2.0 Deliberations
    2.1 The Committee met on 1st Au- gust, 2019 and considered the Bill. In attendance to assist the Commit- tee were the Hon Deputy Minister for the Lands and Natural Resources, Hon Benito Owusu-Bio and other technical team from the Ministry of Lands and Natural Resources and the Minerals Commission. Officials of the Attorney-General's Department were also present to assist the Committee.
    2.2 The Committee is grateful to the Hon Minister and his technical team for their invaluable input.
    3.0 Reference documents
    The Committee referred to the following documents during its deliberations:
    i. The 1992 Constitution of the Republic of Ghana;
    ii. The Standing Orders of Par- liament;
    iii. The Minerals Commission Act, 1993 (Act 450); and
    iv. The Minerals and Mining Act, 2006 (Act 703).
    4.0 Background and Justification for the Bill
    4.1 In recent times, there has been an increase in illegal mining activities especially in small scale mining which is popularly referred to as “galamsey”, along with a significant influx of foreigners into the mining venture with attendant effects on farm lands and the pollution of a large number of water bodies.
    4.2 The increasing patronage in the illegal mining operations is largely attributed to lesser sanctions against
    Chairman of the Committee (Mr Emmanuel Akwasi Gyamfi) 1 p.m.


    ii. Clause 2, (99) (1) opening sentence, after “who” add the following: “buys or sells minerals”.

    iii. Clause 2, (99) (1) (a), delete the following preceding words: “buys or sells miner- als”.

    iv. Clause 2, (99) (3) delete and insert the following:

    “A foreigner who undertakes any mining operation or facilitates the participation of any person in mining contrary to a provision of this Act commits an offence and is liable on a conviction to

    (a) a fine of not less than one hundred thousand penalty units and not more than three hundred and fifty thousand penalty units;

    (b) a term of imprisonment of not less than twenty years; or

    (c) both the fine and the term of imprisonment.

    v. Clause 2, (99) (6) delete lines 8 and 9 and replace with the following:

    “or to a term of imprisonment of not less than fifteen years and not more than twenty-five years or to both”.

    vi. Clause 2, (99) (7), line 2, before “provision” delete ‘'any” and replace with “a”.

    vii. Clause 2, (99) (7) delete line 5 and 6 and replace with the following:

    “or to a term of imprisonment of not less than fifteen years and not more than twenty- five years or to both”.

    Question proposed.
    Mr First Deputy Speaker 5:02 p.m.
    Hon Members, let me announce at the onset that we have very little time to- day. A lot of the space has been wasted not by the fault of Hon Mem- bers but largely leadership challenges. So Hon Chairman, Ranking Member and then Leadership. Then, we pro- ceed.
    Mr Mutawakilu Adam (NDC -- Damango) 5:02 p.m.
    Mr Speaker, I thank you for the opportunity to con- tribute to the Motion.
    Mr Speaker, this is the second time we are amending the Minerals and Mining Act 2006, (Act 703). The first
    Minority Leader (Mr Haruna Iddrisu) 5:02 p.m.
    Mr Speaker, I rise to speak in support of the Motion. As I understand it, listening to the Hon Minister and reading from your Committee's Report, it is about pro- viding for stiffer penalties for illegal mining. Even though you have already
    admitted the Committee's Report -- “It is observed that the penalty regime for offences for persons who are en- gaged in illegal mining operation is being proposed to increase from the existing 3,000 penalty units to
    10,000.”
    Mr Speaker, that would mean a minimum of 15 years and not more than 20 years. When we come to the Consideration Stage, we probably may look at it. But Mr Speaker, we want to demand that the recommendations of the Inter-Ministerial Committee on small scale mining and illegal mining, which was set up by the President should be officially gazetted for us to know what their findings and recom- mendations were so that this country would better be guided to deal with it.
    I could go into it -- when they come here and say stiffer penalty, Aisha Huang is walking free and walking free because we can hear senior officials in Government, like the Hon Senior Minister saying that they have negoti- ated for US$2 billion. That is wrong. Where a country is ruled by the rule of law, one cannot negate or denigrate the rule of law for what is convenient because a foreign country is being dealt with.
    So Mr Speaker, the second part, where they used “foreigner”, we can- not use “foreigner”. I have just been advised by my Hon Ranking Mem- ber for Constitutional Legal and Par- liamentary Affairs Committee that
    Minority Leader (Mr Haruna Iddrisu) 5:02 p.m.


    when we come to the Consideration Stage, we say, “Ghanaian and non- Ghanaian”. I hear that is more elegant than saying “foreigner”. Other than that it would raise issues for us.

    Mr Speaker, disposal of confiscated equipment and mining products. When we dispose of equipment and products we want to know immedi- ately where the returns are going not when these auctions are done, they are ceased and sold at very ridiculously low prices. That is not the intention. The intention is to make it punitive.

    Mr Speaker, I was driving between -- that day I had the opportunity to drive through your constituency. I was alarmed by the waterbody from Hon Acheampong and Ahi's constituencies, driving through that road to Bekwai. When I saw the quality and colour of the water, I got more alarmed and appreciated what the President was seeking to fight and we should support him.

    However, illegal is illegal whether Ghanaian or non-Ghanaian. Everybody must be subjected to the law, regardless. Not when they are arrested and then leave some through the window and the backdoor because other countries are being negotiated with.

    So Mr Speaker, we whole- heartedly support this.

    Mr Speaker, then the matter of the platform. They used that French-like word. That is also very important in order to deal with it.

    So Mr Speaker, we generally sup- port this amendment. So, “when a non-Ghanaian” not “when a foreigner ...”.

    Mr Speaker, generally, we support the Motion and think that we deserve stiffer penalties but we want to see the Report and the recommendations of the Inter-Ministerial Committee that was set up by the President.

    Thank you, Mr Speaker.
    Mr First Deputy Speaker 5:02 p.m.
    Hon Minister, would you want to respond?
    Mr Asomah-Cheremeh 5:02 p.m.
    Mr Speaker, all the deliberations have been well-taken into consideration and where there are differences, we would put our house in order.
    Mr Speaker, currently, we have what we call MMIP, which seeks to make amends of all difficulties that we are facing on the ground. That seeks to put us in a better position.
    Mr Speaker, as per the Bill, the equipment that would be confiscated
    on the field are not going to be auc- tioned. They are going to be given to state institutions and same would be gazetted for everyone to have notice of.
    We are grateful, Mr Speaker.
    Question put and Motion agreed.
    The Minerals and Mining (Amend- ment) Bill, 2019 was accordingly read a Second time.
    MOTIONS 5:02 p.m.
    Minister for Lands and Natu- ral Resources (Mr Kwaku Asomah-Cheremeh) 5:02 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128(1) which require that when a Bill has been read a Second time it shall pass through a Consideration Stage which shall not be taken until at least forty-eight hours have elapsed, the Consideration Stage of the Minerals and Mining (Amendment) Bill, 2019 may be taken today.
    Chairman of the Committee (Mr Emmanuel Gyamfi) 5:02 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS -- CONSIDERATION 5:02 p.m.
    STAGE 5:02 p.m.
    Mr First Deputy Speaker 5:12 p.m.
    Hon Members, for the Consideration Stage of the Bill, please refer to the Order Paper Addendum, page 15.
    Clause 2 has a proposed amendment. Hon Chairman, you may move your proposed amendment.
    Mr Gyamfi 5:12 p.m.
    Mr Speaker, I beg to move, clause 2 section 99, subcsection (1), opening phrase, after “who” add “buys or sells minerals” and delete “buys or sells minerals” at beginning of paragraph (a), line 1.
    Mr S. Mahama 5:12 p.m.
    Mr Speaker, the Hon Chairman should always explain to us the rationale for the amendment and then read the new rendition for us to appreciate.
    Mr Gyamfi 5:12 p.m.
    Mr Speaker, if you take the Bill before us, we wanted to
    Mr Gyamfi 5:12 p.m.


    make it clearer. What we have pro- posed is that a person who buys and sells minerals, then we have the sub- sections listed under that, but in the original Amendment Bill which is be- fore this House, it reads:

    “A person who

    (a)buys or sells minerals without a license in accordance with section 68 and 106…”

    But what we are trying to do here is to be more specific, that a person who buys and sells minerals, and then we go into --
    Mr First Deputy Speaker 5:12 p.m.
    Hon Members, we want the “buys and sells” to apply to both (a) and (b). If we move it up there then it covers both (a) and (b).
    Hon Members, today I will not entertain many interventions, so if you want to intervene let me know as early as possible.
    Mr Patrick Boamah 5:12 p.m.
    Mr Speaker, this is a fast track approach, but I was looking at the words. Instead of the words “buys or sells minerals”, we should use the words “trades in minerals”, because I am looking at the definition of “trade” and it satisfies what we are trying to do.
    Because if we can use one word, why not?
    Mr First Deputy Speaker 5:12 p.m.
    Trade may be wider. You can trade minerals on the stock exchange. Is that the one you want to talk about? Do you want to limit it to those who are doing the manual ones?
    Mr Boamah 5:12 p.m.
    Mr Speaker yes, it is part of trading. In the body of the Bill, they are talking about the equipment that they use, so I tried to widen the scope.
    Mr Iddrisu 5:12 p.m.
    Mr Speaker, I would persuade Hon Patrick Boamah that “trading” is a more wholesale word, and for minerals, trading can encompass many other actors that are not directly related to illegal mining, and therefore, the buy and sell may be better.
    We may be over-extending the parameters of the legislation.
    Question put and amendment agreed to.
    Mr Gyamfi 5:12 p.m.
    Mr Speaker, I beg to move, clause 2 -- section 99, subsection (3), delete and insert the following:
    “(3) A foreigner who undertakes any mining operation or
    facilitates the participation of any person in mining contrary to a provision of this Act commits an offence and is liable on a conviction to
    (a) a fine of not less than one hundred thousand penalty units and not more than three hundred and fifty thousand penalty units;
    (b) a term of imprisonment of not less than twenty years; or
    (c) both the fine and the term of imprisonment.”
    Mr First Deputy Speaker 5:12 p.m.
    I think we have just discussed that we delete -- very well.
    Mr Bernard Ahiafor 5:12 p.m.
    Mr Speaker, I am proposing that we fur- ther amend the proposed amendment. Instead of a foreigner, we say “non- Ghanaian”. So consequentially where you see “foreigner”, it would be “non- Ghanaian”. We have “Ghanaian” and “non-Ghanaian”.
    Mr Gyamfi 5:12 p.m.
    Mr Speaker, I accept that.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:12 p.m.
    I di- rect that anywhere “foreigner” ap- pears in the Bill, we should substitute that for “non-Ghanaian”.
    Mr Gyamfi 5:12 p.m.
    Mr Speaker, I beg to move, clause 2 -- section 99, subsection (6), line 8, before “to” delete “and” and insert “or” and in line 9, after “years” insert “or to both”.
    Mr Speaker, the new rendition would be 5:12 p.m.
    “ fifty thousand penalty units and not more than one hundred thou- sand penalty units, or to a term of imprisonment of not less than fifteen years and not more than twenty-five years or to both.
    Dr K. Afriyie 5:12 p.m.
    Mr Speaker, I thought that when we were drafting it, there was no option and custodial sentence was always mandatory. This rendition makes it appear as if who- ever is adjudicating would have the option of giving a fine only. So if we can take it again.
    Mr First Deputy Speaker 5:12 p.m.
    So what is your proposal, that we re- move the option of a fine altogether?
    Dr K. Afriyie 5:12 p.m.
    Mr Speaker, yes. Let us use “and”, not “or”. No dis- cretion.
    Mr First Deputy Speaker 5:12 p.m.
    Hon Minister, what is your policy position?
    Mr Asomah-Cheremeh 5:12 p.m.
    Mr Speaker, the Bill has been drafted in such a manner that no discretion is given to the judge, so that he would get the opportunity to operate within a particular circumstance according to his wishes, but he would have to go strictly according to what the law has prescribed.
    Mr First Deputy Speaker 5:12 p.m.
    And so you want both a fine and im- prisonment?
    Mr Asomah-Cheremeh 5:12 p.m.
    Mr Speaker, that is so.
    Mr First Deputy Speaker 5:12 p.m.
    I think we should re-consider that. In that case we want imprisonment only, but to fine and imprison may be - Hon Chairman?
    Mr Gyamfi 5:12 p.m.
    Mr Speaker, at the Committee level this issue came up. What we tried to do was to make the fine so punitive that even if the judge decided to just fine the person, it would be enough as a stiffer punish- ment, but the judge also has the dis- cretion to apply the fine and the im- prisonment sentence.
    5: 22 p.m.
    So in this particular instance, the Committee is of the opinion that we leave this particular application to the judge, who would adjudicate on such a matter when it appears before him or her.
    Dr Kwaku Afriyie 5:12 p.m.
    Mr Speaker, we know the illegal mining industry. When an option of a fine is given, those in the industry would always find ways and means to pay the fine. I would rather we had a custodial sentence, and if we delete “a fine”, that would be alright with me. A custodial sentence would be very deterrent, and would save the environment.
    Mr Ahiafor 5:12 p.m.
    Mr Speaker, peo- ple do galamsey, but others do real galamsey. Somebody may do galamsey with earth moving equip- ment but somebody may also use a pickaxe to do galamsey. In circum- stances like that, we should give some discretion to the judge, who would take into account the gravity of the offence in punishing the person.
    So it should either be a fine or imprisonment, or based on the cir- cumstances, to apply both. So the amendment is in the right direction.
    Mr First Deputy Speaker 5:12 p.m.
    Hon Members, the option now is whether to make it a fine and imprisonment or imprisonment only.
    Mr Iddrisu 5:12 p.m.
    Mr Speaker, a fine should be pecuniary and discre- tionary to the judge. We simply must not allow room - because if we like it or not, every judge would be guided by the circumstances of a particular case; the facts and the gravity of it, in order to make a determination on the matter. So the rendition is alright.
    Mr Banda 5:12 p.m.
    Mr Speaker, much as every crime is a crime, no matter the smallness or the “bigness” of it, we have ranges of crime, depending on the circumstances of the case.
    Mr Speaker, that is why in most of our criminal laws, flexibility is given to the judge by trying to circumscribe the discretion of the judge, by giving him the minimum punishment and the maximum punishment.
    Therefore, I would want to pro- pose that the fine should not be dis- turbed. Depending on the nature and the mitigating circumstances of the case, if the judge deems it fit to slap a fine on the accused person, I think that the judge would appropriately do so.
    If the matter or the case is so grievous as to warrant the victim be- ing given a custodial sentence, I be- lieve the judge would appropriately do so. But for us to say that there should not be an option of a fine -- and that no matter the circumstance of the case, the minimum ought to start from a twenty year incarceration term, I think that would be too harsh. So, the fine should be there, but we should give the discretion to the judge to de- termine whether a term of imprison- ment is appropriate or a fine only is appropriate or both are appropriate.
    Mr Osei Frimpong 5:12 p.m.
    Mr Speaker, what we are talking about now has to do with the foreigners. If we would want to preserve the mining for our people so that they would get jobs to do, and these non -- Ghanaians are competing with us, I think if we main- tain both the custodial sentence and the fine, it would be deterrent enough to put off all those people from our system.
    Mr Speaker, if we compare what is happening here to that of the trad- ers as is being experienced now, if the laws were deterrent enough to deal with them, I do not think we would have found foreigners competing with us in that aspect of our lives.
    Mr Owusu-Bio 5:12 p.m.
    Mr Speaker, I understand the concern of Hon
    Mr First Deputy Speaker 5:12 p.m.
    There is no argument about the punishment. The argument now is whether a judge should have the option to impose the fine or it must be strictly imprisonment. That is what we are debating about now.
    We would want both the fine and the imprisonment, and there is no op- tion. However, in that case it is harsh. It should either be imprisonment only or an alternative, but to fine a person and imprison him at the same time would be difficult to enforce. This is because if the person is imprisoned and then he does not pay the fine, then what happens? The enforcement chal- lenge must be looked at. If a person is fined for 10,000 penalty units and at the same time imprisoned for ten years, then he decides to go to prison, how would the money be retrieved?
    Dr Kwaku Afriyie 5:12 p.m.
    Mr Speaker, it is better than shoot to kill.
    Mr Tinyase 5:12 p.m.
    Mr Speaker, I be- lieve in the circumstance that we are deliberating now, it is to serve more as a deterrent, such that people would not go into the act at all. In the law courts, the experience of the ordinary people have been that the judges would always give a minimum fine, except if the culprit behaves extraor- dinarily abnormal.
    So, in the light of these circum- stances, we may have to choose be- tween one of the two sides, and if it would be a fine, then the minimum fine, I would propose, should be so high that it would not be easy for anybody to contend to do the act that would
    attract that fine. Otherwise, the other option may be chosen.
    Mr Kyei-Mensah-Bonsu 5:32 p.m.
    Mr Speaker I just walked in. I am told that with the penalty units that would be sanctioned it is being proposed that a person who commits an offence and is liable to a summary conviction to a fine of not less than 50,000 penalty units and not more than 100,000 pen- alty units and to a term of imprison- ment.

    Mr Speaker, I believe it rather should be ‘or a term of imprisonment'. By this construction, what we are say- ing is that if the person is convicted, he must pay a fine and in addition be subject to imprisonment. What is the motivation in the payment of the pen- alty units if after payment, the person has to go to jail? So there would be no motivation in paying the penalty units.

    Unless I am being told that if one fails to pay the penalty units, then, the term of imprisonment must be in- creased. Either than that, in this con- dition, there is no motivation to pay because if one pays the person is go- ing to serve a jail sentence of fifteen years and not more than that. So what

    is the motivation in paying? So, I be- lieve that construct is wrong.

    If it is that it is the payment of the penalty units and serving a prison term, then we should stipulate that failure to pay the penalty units should then end in further terms of imprisonment. Either than that, there is no motivation to pay. As simple as that.
    Mr Chireh 5:32 p.m.
    Mr Speaker, I see the formulation here to be completely different from what we are used to; we either have a fine or a term of imprisonment. And normally, we would then add ‘or both' but not a separate — [Interruption.] So the judge is given some discretion to de- cide; he could end up with the fine alone. Depending on the circumstances, he could also go for imprisonment.
    But now, we have subclause (c), which says that ‘a term of imprisonment'. That does not give any option at all and there is no incentive for the judge to do anything. I think that we should look at the earlier formulations where it is either a fine or a term of imprisonment. But we should not separate ‘or both' here as if it is a subclause (c); what we have done here is to say that it is both the fine and the term of imprisonment. No, we cannot say that.
    Mr First Deputy Speaker 5:32 p.m.
    Hon Members, the proposal before us is to change the proposed amendment to ‘either or' so I would put the Question, if we do not like the ‘either or', we vote against it; if we want the ‘either or', then, vote for it.
    rose
    Mr First Deputy Speaker 5:32 p.m.
    Yes, Hon Deputy Attorney-General?
    Mr Kpemka 5:32 p.m.
    Mr Speaker, in all honesty, I think that in drafting this, we ought to be careful not to tie down the hands of the trial judge in matters like this. So if we give the discretion, ‘either or that or both', then, depending on the circumstances of the case, the judge would apply that dis- cretion. Otherwise, if we just say ‘both', it would even be contrary to what we have been doing as practiced in the past. If we look at all our legislations, what we do is ‘either this or that or both'. So, it gives the judge the discretion to apply it but in this one —
    Mr First Deputy Speaker 5:32 p.m.
    Hon Deputy Attorney-General, it is because what we have been practising has not been effective; the judges have been giving the fines, the people make a lot of money anyway so they pay and they continue. That
    is what we want to avoid. So, I think that if we want to give no discretion for a fine, just leave it at that.
    It is combining both the fine and the imprisonment which is the prob- lem.
    Mr Kpemka 5:32 p.m.
    Mr Speaker, that also applies; we could have both fine and imprisonment. And the conse- quence of the failure to pay the fine is an additional number of years that one serves. That is normally the case so that when one is given seven years' custodial sentence for example, and a fine of five thousand penalty units, failing which one serves another five years, then, the punishment becomes consecutive in that case. So that one serves both on the first and the sec- ond cumulatively. If one pays the fine, then, one serves only the sentence but failure to pay means serving the cu- mulative number of years.
    Mr First Deputy Speaker 5:32 p.m.
    That is exactly where we are; if we do not want any option, then we have to add a further punishment to the failure to pay the fine. Otherwise, we would not get our money.
    Mr Ahiafor 5:32 p.m.
    Mr Speaker, the minimum penalty units being pro- posed here is deterrent enough; ten thousand penalty units. It comes to
    One Hundred and Twenty Thousand Ghana cedis, which is 1.2 billion old Ghana cedis.
    Mr Speaker, we are now saying that there are people engaging in galamsey with earth-moving equipment and the demonstration given by the Hon Deputy Minister for Lands and Natural Resources should also be taken into account. How much would ten thousand penalty units which translates to GH¢120,000.00 mean to those small-scale mining people? The community miners are people that we refer to. It is deter- rent enough.
    Mr First Deputy Speaker 5:32 p.m.
    Hon Minister, I would hear you last and then I would put the Question.
    Mr Kweku Asomah-Cheremeh 5:32 p.m.
    Mr Speaker, the draftpersons of this Bill had taken into consideration the devastation that has been caused to our land in the country.
    Mr Speaker, looking at it from where we are coming from, it is very clear that if one is convicted and sentenced to a term of imprisonment, say, a minimum of 15 years, and a fine, the ceiling in this circumstance is 20 years to 25 years. So where one is not in a position to pay for the fine, the judge would exercise that discre-
    tion by stating that failure to pay for such a fine, one would have to go to prison for a given term in addition.
    The entire 25 years have not been exhausted; if the judge has that dis- cretion of going 15 years minimum, and he sentences one to a fine of 200 penalty units. If one is not in a posi- tion to pay the 200 penalty units, then, the Judge has the discretion to add more years to it because first, he has given only 15 years; while 10 years is awaiting. Then, he imposes addi- tional five or ten to the 15 years that he had earlier given. So he still exer- cises that right of discretion.
    Mr First Deputy Speaker 5:32 p.m.
    Hon Members, I have heard enough, let us put the Question. The House is divided in one way or the other. The original rendition is ‘both' and the amendment is ‘to alternate'?
    rose
    Mr First Deputy Speaker 5:32 p.m.
    Hon Chairman, are you going to say anything different?
    Mr Banda 5:32 p.m.
    Mr Speaker, I think that per the Constitution, if we are prescribing a sentencing regime, the sentencing regime should not be vague; it must be well-defined. So, if we are agreeing on both the fine and the term of imprisonment, and in case
    Mr Banda 5:32 p.m.


    where the fine is not paid, then, we must go ahead and state; if the fine is not paid, then, the judge is given the discretion to add more years. So, that term of imprisonment ought to be stated.

    Mr Speaker, but if a fine is slapped and the person does not pay the fine, in law, the prosecutor or the Attorney-General could take steps to issue a civil summons to recover the money. It is not in all cases that if the fine is not paid, the person would have to serve additional term of imprisonment. But in this particular case, if we want to adopt both the fine and the imprisonment, then, we must go ahead and state that if the fine is not paid, then, the person must serve additional of so many years.
    Mr First Deputy Speaker 5:32 p.m.
    Hon Members, first, the amendment was to give an option, let us take the vote on the amendment. If that is defeated, then, we propose further amendment to the imprisonment and fine.
    Question and amendment agreed to.
    Mr Gyamfi 5:32 p.m.
    Mr Speaker, I beg to move, clause 2 - section 99, subsection (7), line 2, before pro- vision delete “any” and insert “a”, and in line 5, before to delete and and insert “or” and further in line 6, after years insert “or to both”.
    The new rendition would be:
    “A person who provides or involves in the provision of an excavator or any other equipment for mining operations contrary to a provision of this Act commits an offence and is liable on a summary conviction to a fine of not less than fifty thousand penalty units and not more than one hundred thousand penalty units or to a term of imprisonment of not less than fifteen years and not more than twenty five years or to both.''
    Mr First Deputy Speaker 5:32 p.m.
    Hon Minister, it is the same proposed amendment here. The Committee disagrees with the Hon Minister on having the amendment both ways.
    Mr Owusu-Bio 5:32 p.m.
    Mr Speaker, I beg to ask that the rendition be read again for us to hear.
    Mr First Deputy Speaker 5:32 p.m.
    The current proposal is:
    “A person who provides or is involved in the provision of an excavator or any other equipment for mining operations contrary to any provisions of this Act commits an offence and is liable on a summary conviction to a fine of not less than fifty thousand penalty units and not more than hundred thousand penalty units and to a term of imprisonment of not less than fifteen years and not more than twenty five years''.
    However, the proposed amendment is to delete ‘‘and'' and substitute it with ‘'or''. So, the new rendition would be:
    “…on summary conviction to a fine of not less than fifty thousand penalty units and not more than one hundred thousand penalty units or to a term of imprisonment of not less than fifteen years and not more than twenty five years''.
    Question put and amendment agreed to.
    Clause 2 as amended ordered to stand part of the Bill.
    New clause -- Section 96 of Act 703 amended.
    Mr Gyamfi 5:32 p.m.
    Mr Speaker, I beg to move, New Clause -- add the following new provision:
    “Section 96 of Act 703 amended
    #. The principal enactment is amended by the insertion of
    ‘Provision of mining support services
    96 A. A non-Ghanaian or a non-Ghanaian company shall not provide mining support serv- ices for a small-scale mining op- eration.'”
    Question put and amendment agreed to.
    New clause ordered to stand part of the Bill.
    Long title ordered to stand part of the Bill.
    Mr First Deputy Speaker 5:32 p.m.
    Hon Members, that brings us to the end of the Consideration Stage of the Min- erals and Mining (Amendment) Bill,
    2019.
    Item numbered 55 on the original Order Paper.
    Chairman of the Committee (Mr Emmanuel Akwasi Gyamfi) 5:32 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 5:32 p.m.
    Item numbered 56.
    BILLS --THIRD READING 5:52 p.m.
    Mr First Deputy Speaker 5:52 p.m.
    Yes, available Majority leader?
    Mr Anim 5:52 p.m.
    Mr Speaker, we may do some presentation of Papers on the original Order Paper. We may take item numbered 5 (d) (iii), (iv) and (v).
    Mr First Deputy Speaker 5:52 p.m.
    Hon Members, item numbered 5 (d) (iii), (iv) and (v) by the Hon Chairman of the Committee?
    PAPERS 5:52 p.m.
    Mr Speaker 5:52 p.m.
    Yes, Hon available Majority Leader?
    Mr Moses Anim 5:52 p.m.
    Mr Speaker, we may continue with the Presenta- tion of Papers on the Order Paper Addendum items 21(a)(i), (ii) and (iii).
    By the Chairman of the Commit- tee --
    (i) Report of the Finance Com- mittee on the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and the International Devel- opment Association for an amount of up to forty-two million, nine hundred thousand Special Drawing Rights (SDR42,900,000) [equivalent to US$60.0 million] for the imple- mentation of the First Africa Higher Education Centres of Excellence for Development Impact Project.
    (ii) Report of the Finance Com- mittee on the Request for waiver of Import Duties, Im- port VAT, Import NHIL/
    Mr Anim 5:52 p.m.
    Mr Speaker, we would take item numbered 7, Motion on the original Order Paper.
    Mr First Deputy Speaker 5:52 p.m.
    Hon Members, item numbered 7, Motion by the Hon Chairman of the Committee on Finance.
    MOTIONS 5:52 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 5:52 p.m.
    Mr Speaker, I beg to move, that notwith- standing the provisions of Standing Order 80(1) which require that no Motion shall be debated until at least forty-eight hours have elapsed be- tween the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Fi- nance Committee on the Loan Agree- ment between the Government of the Republic of Ghana and the Arab Bank for Economic Development in Africa (BADEA) for an amount of thirteen million, five hundred thousand United States dollars (US$13,500,000.00) to finance the Support to Basic Edu- cation Project in five (5) Regions in Ghana may be moved today.
    Mr Cassiel Ato Baah Forson 5:52 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    GOG/BADEA - Loan Agree- ment to Support Basic Educa- tion Projects in Five Regions
    of Ghana
    Dr Assibey-Yeboah 5:52 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Loan Agreement between the Government of the Republic of Ghana and the Arab Bank for Economic Development in Africa (BADEA) for an amount of thirteen million, five hundred thousand United States dollars (US$13,500,000.00) to finance the Support of Basic Educa- tion Projects in five (5) Regions of Ghana.
    Mr Speaker, in so doing, I present your Committee's Report.
    1.0 Introduction
    The Loan Agreement between the Government of the Republic of Ghana and the Arab Bank for Economic Development in Africa (BADEA) for an amount of thirteen million, five hun-
    dred thousand United States dollars (US$13,500,000.00) to finance the Support of Basic Education Projects in five (5) regions of Ghana was laid in the House on Wednesday, 28th November, 2018 by a Deputy Min- ister for Finance, Hon Kwaku Agyeman Kwarteng and referred to the Finance Committee for considera- tion and report in accordance with article 181 of the Constitution and the Standing Orders of the House.
    The Committee met with a Deputy Minister for Finance, Hon Abena Osei-Asare, an Hon Deputy Minis- ter for Education, Hon Dr Yaw Osei Adutwum and officials from the Min- istry of Finance, and the Ministry of Education to consider the Bill.
    2.0 Reference Documents
    The Committee referred to the fol- lowing documents in the considera- tion of the Bill:
    1. The 1992 Constitution;
    2. The Public Financial Manage- ment Act of 2016 (Act 921); and
    3. The Standing Orders of Par- liament.
    Dr Assibey-Yeboah 6:02 p.m.
    Grace Period -- 10 years
    Repayment Period -- 18 years
    Maturity -- 28 years
    Grant Element -- 35.7 per cent
    7.0 Observations
    7.1 Selection Criteria
    The Committee was informed that the forty-four (44) schools were se- lected through extensive consultations with the Ministry of Education, Ghana Education Service, Ministry of Fi- nance, National Teaching Council, the Teacher and Civil Society Organisa- tions among others.
    In addition, all beneficiary schools were contacted and some selected ones were visited. Needs assessments were also undertaken with extensive discussions with their management. The schools were also involved in the designs for the project. Attached as Appendix to the report is the list of schools and cost breakdown.
    7.2 Benefits of the Project
    The Committee was informed that the project, when completed, is ex- pected to benefit approximately 8,000 pupils in basic education including
    school teachers, head teachers and other beneficiaries. Additionally, the project resonates with the objectives of the Education Sector Development Plan (ESDP) (2003-2015) which emphasises improving equitable ac- cess and quality of education in the country.
    7.3 Types of Classroom Blocks
    The Committee was informed that under the Project, three (3) types of classroom blocks would be constructed namely 2-unit classroom block, 3- unit classroom block and a 6-unit classroom block.
    The Committee was also informed that the project forms part of a number of projects that BADEA has been supporting in the country. In line with its policy, all BADEA supported projects come with specifications which include the construction of:
    Terrazzo floor finish;
    Ceiling in all classrooms, veran- dah and eaves;
    Electrical wiring and lighting for all classrooms, offices and ex- ternal areas;
    Landscaped / paved courtyard for the 6 unit classroom block;
    Paved walkway connecting the toilet block to the classrooms,
    Panelled doors and Louvre blade windows with burglar proofing.
    7.4 Tax waiver
    The Committee was informed that in accordance with the General conditions governing BADEA loans, the loan proceeds is to be exempt from the payment of taxes. The Committee was assured that a formal request for tax waiver would be presented to the House at a later date.
    8.0 Conclusion

    In view of the immense benefits to be derived from this project, the Com- mittee recommends to the House to adopt its report and approve the re- quest for the approval of the Loan Agreement between the Government of the Republic of Ghana and the Arab Bank for Economic Development in Af- rica (BADEA) for an amount of thirteen million, five hundred thousand United States dollars (US$13,500,000.00) to finance the Support to Basic Education Projects in five (5) regions in Ghana in accordance with article 18 I of the 1992 Constitution, section 56 of the Public Financial Management Act, 2016 (Act 921) and Orders 169 of the Standing Orders of the Parliament of Ghana.

    Respectfully Submitted.
    APPENDIX 6:02 p.m.
    Mr Cassiel A. B. Forson (NDC -- Ajumako-Enyan-Essiam) 6:02 p.m.
    Mr Speaker, I beg to second the Motion.
    The Committee on Finance looked at the financing agreement and it was considered satisfactory because it meets the minimum grant. In second- ing the Motion, I wish to say that we recommended this for the Honourable House to approve it because it has a grant element of 35.7 per cent and this means that it is highly concessional. What is left is for us to actually evalu- ate the Agreement in terms of the con- tract itself.
    Mr Speaker, we know that the Committee on Education would evaluate that, but in terms of the fi- nancing, it is regarded as satisfactory and so we, this Honourable House should approve it.
    Mr Speaker, thank you.
    Mr First Deputy Speaker 6:02 p.m.
    Do the Leadership wish to comment on this Motion?
    Question put and Motion agreed to.
    Mr First Deputy Speaker 6:02 p.m.
    Hon Members, item numbered 9 - Reso- lution.
    Hon Deputy Minister for Finance?
    RESOLUTIONS 6:02 p.m.
    THIS HONOURABLE 6:02 p.m.
    HOUSE HEREBY 6:02 p.m.
    RESOLVES AS 6:02 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 6:02 p.m.
    Mr Speaker, I beg to support the Mo- tion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Dr Assibey-Yeboah 6:02 p.m.
    Mr Speaker, we could take Motion numbered 33 on page 18 of the Order Paper.
    Mr Anim 6:02 p.m.
    Mr Speaker, yes, we could take that Motion.
    Mr First Deputy Speaker 6:02 p.m.
    Very well.
    Hon Deputy Minister for Finance, you may move on behalf of the Hon Minister.
    Suspension of Standing Order 80(1)
    Deputy Minister for Finance (Mrs Abena Osei-Asare) (on
    Mr First Deputy Speaker 6:02 p.m.
    Hon Deputy Minister, you may now move Motion numbered 34.
    BILLS -- SECOND READING 6:02 p.m.
    IDENTIFIED EARMARKED 6:02 p.m.
    FUNDS 6:02 p.m.
    Mr Cassiel A. B. Forson (NDC -- Ajumako-Enyan-Essiam) 6:12 p.m.
    Mr Speaker, I beg to also associate my- self with the Motion that was moved by the Hon Deputy Minister. In so doing, I would have thought that the Government in coming to amend the Earmarked Funds Capping and Rea- lignment Act by deleting the District
    Assemblies' Common Fund in line with the ruling by the Supreme Court, would have taken advantage to re- view the Earmarked Funds Capping and Realignment Act.
    Mr Speaker, I say this because you would recall that not long ago we ap- proved the Formula for the National Health Insurance Fund. In approving the Formula we were told that during the Mid-Year Review, an amount of GH¢7 million would be made avail- able to the National Health Insurance Authority as a contribution during the Mid-Year Review to fund their budg- ets.
    Mr Speaker, the National Health Insurance Authority has continuously been capped since 2017.

    Mr Speaker, I am of the view that the National Health Insurance Levy
    Mr First Deputy Speaker 6:12 p.m.
    Hon Member, let us restrict ourselves to the Bill before us.
    Mr Forson 6:12 p.m.
    Mr Speaker, in do- ing that, I would still recommend that the Government should rethink so that the National Health Insurance Levy, as part of the Earmarked Funds Cap- ping and Realignment Act, also be deleted as part of the amendment pro- posed.
    Mr First Deputy Speaker 6:12 p.m.
    Leadership?
    Alhaji Inusah A. B. Fuseini (NDC - Tamale Central) 6:12 p.m.
    Mr Speaker, thank you very much for this opportunity to comment on this very important matter and to take the op- portunity, first and foremost, to com- mend our Hon Colleague, Hon Benjamin Komla Kpodo for taking up the challenge. You would recall that when the Earmarked Funds Capping and Realignment Bill was introduced in this House and the Hon Minister for Finance submitted in the House that article 252 of the Constitution did not limit the moneys that go to the District Assemblies' Common Fund to be below five per cent, the Hon Minister for Finance interpreted that to mean that in calculating the 5 per cent, it did not include non-tax revenue and oil receipts.
    The Supreme Court had said that in calculating the national revenue, under article 252 of the Constitution --
    Mr Frederick Opare-Ansah 6:12 p.m.
    Mr Speaker, the Hon Member is misleading the House. The Bill before us deals with the deletion of District Assemblies' Common Fund from the
    Schedule. Nowhere in the Act was the District Assemblies' Common Fund capped. He is now talking about the other matter of calculating total revenue. That is not what this matter is about. It is an entirely different matter. And so he should restrict him- self to the deletion of the District As- semblies Common Fund from the schedule of the Earmarked Funds Capping and Realignment Act.
    Mr First Deputy Speaker 6:12 p.m.
    Hon Members, I earlier announced that we have very little time today. So I am going to be very strict on the parameters of the debate. So I expect Hon Members to cooperate with me so that we can save time. So please restrict yourself to the Bill before us.
    Alhaji I.A.B. Fuseini 6:12 p.m.
    Mr Speaker, indeed, we support the Earmarked Funds Capping and Realignment (Amendment) Bill, 2019, but listen- ing to the Hon Deputy Minister for Finance, she said by reason of the decision of the Supreme Court, there was the need to introduce this Bill. What was the decision of the Supreme Court?
    Mr Speaker, that is why I have got up to commend our Hon Colleague because the fight started here and ended here in the sense that it has gone to the Supreme Court, and we are doing the proper thing now. So we support the Earmarked Funds
    Capping and Realignment (Amend- ment) Bill, 2019.
    Mr First Deputy Speaker 6:12 p.m.
    Ma- jority Leadership?
    Mr Anim 6:12 p.m.
    Mr Speaker, we defer to the Hon Opare-Ansah.
    Mr First Deputy Speaker 6:12 p.m.
    Yes, Hon Member for Suhum?
    Mr Opare-Ansah (NPP -- Suhum) 6:12 p.m.
    Mr Speaker, I beg to support the Motion; and for the record, to state that it is important that we clarify that the Act never capped the District Assemblies' Common Fund. Although it was included in the Schedule, it was there to determine the total quantum of earmarked funds. It is this total quantum of earmarked funds that was capped to 25 per cent. At all material times, the provision in the Constitution for the level of the District Assemblies' Common Fund was never breached by the Act, this House or by the Ministry of Finance. It is very important that we put in that clarification.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 6:12 p.m.
    Item numbered 35, by the Hon Minister for Finance?
    MOTIONS 6:12 p.m.
    Chairman of the Finance Committee (Dr Mark Assibey- Yeboah) 6:12 p.m.
    Mr Speaker, I beg to support the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 6:12 p.m.
    Now, item numbered 36 - the Ear- marked Funds Capping and Realign- ment (Amendment) Bill, 2019 at the Consideration Stage.
    Hon Members, for the Considera- tion Stage of the Earmarked Funds Capping and Realignment (Amend- ment) Bill, 2019, you may refer to item numbered 18 on page 15 of the Order Paper Addendum 2.
    BILLS -- CONSIDERATION 6:12 p.m.
    STAGE 6:12 p.m.
    Chairman of the Finance Com- mittee (Dr Mark Assibey- Yeboah) 6:12 p.m.
    Mr Speaker, I beg to move the schedule items 1, 7, and 10 delete and insert the following:
    Mr Speaker, the National Health Insurance Fund was captured as the National Health Fund, but the actual name is the “National Health Insur- ance Fund”. Originally in the Bill, we had Youth Employment Agency capped. For all funds of the Agency not to be capped, what is earmarked is actually the transfers to the Youth Employment Agency from the Com- munications Service Tax. So we would want to bring clarity to that.
    Finally, in the Schedule, we have the Ghana Airports Company Limited, but it is the airport passenger service charges that are actually capped. And so we would want to bring clarity to that as well so that tomorrow, nobody goes after all the funds of the Ghana Airports Company Limited or the Youth Employment Agency.
    Mr Haruna Iddrisu 6:22 p.m.
    Mr Speaker, thank you.
    I would be very brief for the want of time.
    Mr Speaker, the Youth Employ- ment Agency Act is dealing with an emerging social crisis and therefore, I share the view of the Hon Chairman that it should not suffer from some of
    these capping decisions. Therefore, it is important that releases are done. This is because the growing unem- ployment and our inability as a col- lective to address it remains a threat to the security of our country. Some- times, the young people work for some months and are not paid for that period. It is just a token - GH¢200 to GH¢400.00. If after three or four months they still do not get paid, then there is a problem. So I share the position of the Hon Chairman that we should look at that of the Youth Em- ployment Agency and the dedication from the Communication Service Tax.
    Mr Speaker, thank you.
    Question put and amendment agreed to.
    Suspension of Standing Order
    131(1)
    Deputy Minister for Finance (Mrs Abena Osei-Asare) (on be- half of the Minister): Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which require 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
    Mr Haruna Iddrisu 6:22 p.m.


    the Third Reading of the Earmarked Funds Capping and Realignment (Amendment) Bill, 2019 may be moved today.
    BILLS - THIRD READING 6:22 p.m.
    MOTIONS 6:22 p.m.
    Chairman of the Committee (Dr Assibey-Yeboah) 6:22 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS -- SECOND READING 6:22 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 6:22 p.m.
    Mr Speaker, I associate myself with the Motion and in so doing, I present your Committee's Report.
    1.0 Introduction
    The Luxury Vehicle Levy (Repeal) Bill, 2019 was presented to Parliament by Hon Abena Osei- Asare, Deputy Minister for Finance and read the first time on Tuesday, 30th July, 2019.
    Mr Speaker referred the Bill to the Finance Committee for consideration and report in accordance with the 1992 Constitution and the Standing Orders of Parliament.
    The Committee met with two Deputy Ministers for Finance, Hon Kwaku Kwarteng and Hon Abena Osei Asare and officials from the Ministry of Finance, the Ghana Revenue Authority and the Attorney- General's Department to consider the Bill.
    2.0 Documents Referred to
    The Committee referred to the fol- lowing documents in the considera- tion of the Bill:
    1. The 1992 Constitution; 2. The Luxury Vehicle Levy Act,
    2018 (Act 969);
    3. The Standing Orders of Par- liament; and
    4. The Mid-Year Fiscal Policy Review of the 2019 Budget Statement and Economic Policy.
    3.0 Object of the Bill
    The object of the Bill is to repeal the Luxury Vehicle Levy Act, 2018 (Act 969) to withdraw the Luxury Vehicle Levy.
    3.1 Structure of the Bill
    The Bill contains two clauses:
    Clause 1 of the Bill repeals the Luxury Vehicle Levy Act, 2018 (Act 969) which imposes the Luxury Vehicle Levy.
    Clause 2 provides for Transitional matters as a result of the repeal of Act
    969.
    4.0 Observations

    4.1 Rationale for the Repeal

    The Committee was informed that in 2018, Government introduced the Luxury Vehicle Levy to raise revenue and address some of the adverse ef- fects of motor vehicles with high ca- pacity engines on the environment.

    After the law was implemented, Government monitored and took cog- nisance of the concerns of the public and has decided to withdraw the levy and explore alternative sources of rev- enue.

    5.0 Conclusion

    After careful consideration, the Committee is of the view that the Bill is in the right direction. The Commit- tee accordingly recommends to the House to adopt this report and ap- prove the Luxury Vehicle Levy (Re- peal) Bill, 2019.

    Respectfully submitted.

    Question proposed.
    Mr Cassiel A. B. Forson (NDC - Ajumako/Enyan/Essiam) 6:22 p.m.
    Mr Speaker, about a year ago, during the Mid-Year Review of the 2018 Budget, the Government introduced about three tax measures. One was to impose a luxury vehicle levy; an- other one was to increase the tax
    ernment has taken cognisance of the fact that this tax is not serving the
    - 6:22 p.m.
    Mr First Deputy Speaker 6:22 p.m.
    Hon Member, it is a question of law. Until the amendment is done -- [Interruption]
    Mr Forson 6:22 p.m.
    Mr Speaker, I only want to serve notice that when we get to the Consideration Stage, I would propose the amendment to delete that.
    Thank you, Mr Speaker.
    Mr First Deputy Speaker 6:32 p.m.
    I intended to terminate proceedings so we can put the Question, so we can come to Consideration Stage.
    Mr Iddrisu 6:32 p.m.
    Mr Speaker, just one observation on abolishing the Luxury Vehicle Levy (Repeal) Act, 2019.
    Clause 2 reads, and when the Hon Chairman was making his submission he was emphatic on it:
    “Despite the repeal of Act 969, a right, liability or an obligation in existence immediately before the repeal of Act 969 shall con- tinue in existence until the right, liability or obligation is exercised or terminated”.
    Mr Speaker, that is repugnant to the principle of taxation of certainty. A canon of taxation by any student of economics is the certainty of it. Next time, this Committee even as they engage, must provide evidence that the Driver and Vehicle Licensing Au- thority (DVLA) is consulted. They must sit in the meeting. They need to be guided.
    Since its operation, what has been its benefits or challenges? As usual, we are rushing through the process and not doing deeper consultation on this matter.
    My difficulty is that a principle of taxation is certainty. If the obligations, rights and liabilities cannot terminate with the repeal of this Act, the Con- stitution is very clear. Once the Presi- dent assents to this, it is law. At that time, those rights, liabilities and obli-
    Mr Iddrisu 6:32 p.m.


    gations must equally be terminated in my view.
    Mr First Deputy Speaker 6:32 p.m.
    Hon Chairman, we would go to Consid- eration, and then you would consider all that.
    Dr Assibey-Yeboah 6:32 p.m.
    Mr Speaker, I have the Luxury Vehicle Levy Act 2018 (Act 969), section 5 provides:
    “A person who fails to pay the levy in any year shall pay all ar- rears accrued on or before the renewal of the road worthy cer- tificate”.
    If you have not paid following the coming into force of this repeal, what we are saying is that you should go and honour that liability, otherwise those who paid would also demand that a refund be given to them.
    So I would like to signal to the Hon Ranking Member that I would op- pose any amendment --
    Mr First Deputy Speaker 6:32 p.m.
    Hon Members please, it is a question of law, accrued rights and accrued liabili- ties. Let us put the Question.
    Question put and Motion agreed to.
    The Luxury Vehicle Levy (Repeal) Bill, 2019 was accordingly read a Second time.
    Suspension of Standing Order
    128(1)
    MOTIONS 6:32 p.m.
    Chairman of the Committee (Dr Assibey-Yeboah) 6:32 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS--CONSIDERATION 6:32 p.m.
    STAGE 6:32 p.m.
    Mr Cassiel Ato Baah Forson 6:32 p.m.
    Mr Speaker, clause 2, delete the en- tire clause.
    Dr Assibey-Yeboah 6:32 p.m.
    Mr Speaker, notwithstanding the fact that he did not give reasons for the deletion of the clause, the proposal from the Gov- ernment is that any right, liability or obligation that exists before the repeal of this Act shall transfer.
    Mr Speaker, this has revenue implications, and so I am opposed to the amendment moved by the Hon Ranking Member.
    Government projected initially to get about GH¢250 million half year. Thus far, only GH¢25 million has come in. Clearly, people have decided not to renew their road worthiness and as such, have not paid the Levy.
    So even if it takes five years for you to go and renew your road worthy certificate, this liability would be waiting for you.
    Mr Iddrisu 6:32 p.m.
    Mr Speaker, maybe the Ministry of Finance should provide further clarity. I heard you guide us on accrued rights and liabilities.

    Mr Speaker, as we speak, there are persons who are importing luxury vehicles into this country, and they probably would have celebrated when they heard the announcement of the Hon Minister that luxury vehicle tax was being reviewed.

    If this amendment stays as it is in clause 2, their hopes will be dashed, because the Hon Chairman is saying that, that obligation must be honoured. So we want to know, whose obliga- tion?

    We are now in the process of amending the law. The President assents to the law. The fact that you targeted GH¢250 million and got GH¢25 million simply means you were over-ambitious. It is not because it was a good tax policy regime.

    Mr Speaker, so we need clarity, and I have said that I am relying on Adam Smith's canon on taxation. Certainty was one of the principles of taxation. Can Ghanaians now know what their fate is, relative to this Act?

    Are we to pay it or not? When you say there is accrued liabilities, that is just the explanation we need. Until that satisfactory explanation, I support the Hon Ranking Member for the deletion of clause 2.
    Mr Opare-Ansah 6:42 a.m.
    Mr Speaker, this matter came up and was extensively debated at the Committee level.
    Mr Speaker, at the Committee level, I thought, like the Hon Rank- ing Member, and we premised our argument on the fact that the Memo- randum conveying the Bill to the House indicated that the decision to repeal the Act was upon reflection on the concerns that Ghanaians had ex- pressed to the Government.

    So, we then thought that in that regard, if we repeal the Act, it should go with any previous obligation.

    Mr Speaker, upon further reflection, I realised that it was an emotional argument. Our Constitution is clear that we cannot legislate with retroactive effect. Once the President agrees to it, whatever legislation we make today is for the future.

    So, impliedly, whatever rights, liabilities or obligations that existed during the time that the law existed, would continue until they are dealt with appropriately. Otherwise, we would encourage the practice where if a law is made and the citizenry feel they do not like it, they would not

    respect its implementation, hoping that one day, it would be repealed, so that their obligations under that law would go away.

    Mr Speaker, it is therefore impor- tant that this is preserved. Going for- ward, we would deal with the new issues. As for the issue raised by the Hon Minority Leader, it is clear as to which category of persons or vehi- cles are liable to this tax at this mo- ment. It is those that the savings or transitional clause would be applica- ble to.
    Dr Assibey-Yeboah 6:42 a.m.
    Mr Speaker, I signalled my Hon Colleagues to let them know that our vote would be a no.
    Mr First Deputy Speaker 6:42 a.m.
    Please, that cannot be done.
    Question put and amendment negatived.
    Clause 2 ordered to stand part of the Bill.
    The Long Title ordered to stand part of the Bill.
    Mr First Deputy Speaker 6:42 a.m.
    Hon Members, that brings us to the end of the Consideration Stage for the
    Luxury Vehicle Levy (Repeal) Bill,
    2019.
    [Pause] --
    Hon Members, we would move on to item numbered 49, by the Hon Minister for Finance.
    MOTIONS 6:42 a.m.
    Dr Assibey-Yeboah 6:42 a.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 6:42 a.m.
    Hon Members, we would move on to item numbered 50, by the Hon Minister for Finance.
    BILLS -- THIRD READING 6:42 a.m.
    Mr First Deputy Speaker 6:42 a.m.
    Hon Majority Whip, please give me five minutes.
    Mr Moses Anim 6:42 a.m.
    Mr Speaker, on page 2 of the original Order Pa- per, we will take item 39 -- Motion.
    Mr First Deputy Speaker 6:42 a.m.
    Very well, Hon Members, we would move on to item numbered 39 -- Motion, by the Hon Minister for Finance.
    Hon Deputy Minister for Finance, you may please move the Motion.
    Suspension of Standing Order 80(1)
    Deputy Minister for Finance (Mrs Abena Osei-Asare) (on behalf of the Minister for Finance): Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which require that no Motion shall be

    debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the Second Reading of the Energy Sector Levies (Amendment) Bill, 2019 may be moved today.
    Dr Assibey-Yeboah 6:42 a.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    6. 52 p.m.
    Mr First Deputy Speaker 6:42 a.m.
    Hon Members, we would move onto item numbered 40.
    Hon Deputy Minister for Finance, you may move the Motion.
    BILLS -- SECOND READING 6:42 a.m.
    Mr Speaker, the estimated addi 6:42 a.m.
    None

    gust to December, 2019 is GH¢273 million. The Bill provides for an in- crease in the rates for the stated lev- ies to provide additional funding to enable adequate financing for the sec- tor.

    Mr Speaker, the Bill amends the First Schedule to Act 899 by in- creasing the rates for the power gen- eration and infrastructure support components of the Energy Debt Re- covery Levies and the rates for the Road Fund Levy and the Price Stabilisation and Recovery Levy on Petroleum products.
    Chairman of Finance Commit- tee (Dr Mark Assibey-Yeboah) 6:42 a.m.
    Mr Speaker, I beg to support the Motion and in so doing, I present the Committee's Report:
    1.0 Introduction
    The Energy Sector Levies (Amendment) Bill, 2019 was first presented to Parliament by Hon Abena Osei-Asare, Deputy Minister for Finance and read the first time on Tuesday, 30th July, 2019.
    Mr Speaker referred the Bill to the Finance Committee for consideration
    Chairman of Finance Commit- tee (Dr Mark Assibey-Yeboah) 6:42 a.m.
    The Committee met with two Deputy Ministers for Finance, Hon Kwaku Kwarteng and Hon Abena Osei-Asare and officials from the Ministry of Finance, ESLA Plc., Ghana Revenue Authority, the Road Fund and the Attorney-General's Department to consider the Bill.
    2.0 Documents Referred to
    The Committee referred to the fol- lowing documents in the considera- tion of the Bill:
    1. The 1992 Constitution;
    2. The Energy Sector Levies Act, 2015 (Act 899);
    3. The Standing Orders of Parliament;
    4. The Mid-Year Fiscal Policy Review of the 2019 Budget Statement and Economic Policy; and
    5. The Annual Report on the Management of the Energy Sector Levies and Accounts for the year 2018.
    2.1 Urgency of the Bill

    The Committee determined and hereby certifies that the Bill is of an urgent nature and may therefore be taken through all the stages of passage in one day in accordance with article 106 (13) of the 1992 Constitution and Order 119 of the Standing Or- ders of the House. 3.0 Object of the Bill

    The object of the bill is to amend the Energy Sector Levies Act, 2015 (Act 899) to increase the rates for the Power Generation and Infrastructure Support components of the Energy Debt Recovery Levy and the rates for the Road Fund Levy and the Price Stabilisation and Recovery Levy on petroleum products.

    3.1 Structure of the Bill

    The Bill contains a clause which amends the First Schedule to Act 899 by increasing the rates for the Power Generation and Infrastructure Support components of the Energy Debt Recovery Levy and the rates for the Road Fund Levy and the Price Stabilisation and Recovery Levy on petroleum products.

    4.0 Observations

    4.1 Rationale for the Bill

    The Committee was informed that the Energy Sector Levies Act was

    passed to promote prudent and effi- cient utilisation of revenue and to fa- cilitate sustainable long-term investments in the Energy Sector in order to enhance availability, regularity and reliability of the supply of energy. Act 899 also sought to improve the poor balance sheets of the Power Sector utilities, relieving Government of the pressures of the Sector and re- ducing reliance on direct funding from the Ministry of Finance.

    The Ministry of Finance indicated that on the coming into force of Act 899, it was estimated that approximately twenty- four (24) per cent of the ex-pump price of fuel would adequately cover the required financing. The percentage of the levies in the ex-pump build-up has dwindled over the years to about seventeen (17) per cent, currently. The upward adjustment is to bring the ratio closer to twenty one (21) per cent and im- prove financing options. The increase would also enable Government to deal with the Energy Sector liabilities, stabilise petroleum prices as well as provide the necessary buffer for un- der recoveries and subsidise premix and residual fuel oil.

    4.2 Increase in the Price Stabilisation and Recovery Levy

    (PSRL)

    The Committee observed that the Bill proposes to increase the current

    Price Stabilisation and Recovery Levy on petrol, diesel and LPG from:

    GH¢0.12 to GH¢0.16 per litre on petrol,

    GH¢0.10 to GH¢0.14 per litre on diesel, and GH¢0.10 to GH¢0.14 per kg on LPG.

    The Ministry explained that the in- crease was necessary because the expected revenue target for the first half of the year was missed. The Min- istry said for the year 2019, the budg- eted revenue to be accrued from the levy for the first half of the year was GH¢236,598,836. Only GH¢32,072,141 was realised. There is therefore the need to increase the levy to enable the PSRL Account hold enough funds to undertake its core objects which include the provision of a buffer for under recoveries and to stabilise petroleum prices for the con- sumers.

    The Deputy Minister acknowledged that at the beginning of the year, the levy was wrongly suspended by the National Petroleum Authority to pro- vide some relief for consumers. It was reintroduced in June, 2019.

    4.3 Increase in the Road Fund Levy
    Chairman of Finance Commit- tee (Dr Mark Assibey-Yeboah) 6:42 a.m.
    The Road Fund Secretariat indi- cated that even though they margin- ally missed the half-year target, the entire amount was woefully inad- equate to meet the pressing demand for road maintenance in the country as most of the roads require urgent attention. The Chief Director for the Ministry of Roads and Highways stated that if the Road Fund is to carry out its mandate successfully, then it has to be supported adequately.
    The Committee noted that the Bill proposes an increase in the Road Fund Levy from Gh¢40 to Gh¢ 48. About GH¢110 million is expected to accrue to the Road Fund between August and December, 2019.
    The Committee also reiterates its earlier recommendation that in view of the deplorable nature of our roads, the Minister for Finance should not cap the Road Fund in the 2020 Budget. This would help the Road Fund have more funding to undertake its mandate.

    4.4 Increase in the Energy Debt Recovery Levy

    The Committee observed that the Bill proposes to increase the current Energy Debt Recovery Levy on pet- rol, diesel and LPG from:

    GH¢0.41 to GH¢0.49 per litre on petrol and diesel, consisting in respect of:

    Foreign Exchange under recov- eries - GH¢0.5 per litre,

    Power Generation and Infra- structure Support - GH¢0.36 per litre, and

    Tema Oil Refinery Company Debt Recovery' - GH¢0.8 per each litre, and

    GH¢0.36 to GH¢0.41 per kg on LPG.

    The Committee was informed that the increase was necessitated as a result of energy sector debts which currently stands at GH¢5.199 billion. The increase will enable Government to issue additional bonds to pay down our energy sector debt obligations.

    4.5 Impact of the Increases on ESLA Plc.

    The Committee was informed that since the establishment of ESLA Plc.
    Mr First Deputy Speaker 6:42 a.m.
    One contribution each.
    Yes, Hon Ranking Member?
    Mr Iddrisu 6:42 a.m.
    Mr Speaker, may I humbly indulge you. On the ESLA, my application is to have two persons contributing. I would defer leader- ship's position to Hon Abu Jinapor but to insist on another one, it is a major tax policy.
    Mr First Deputy Speaker 6:42 a.m.
    Leadership would be added; so one person plus Leadership is two.
    Mr Iddrisu 6:42 a.m.
    Thank you; I would yield to the Hon Abu Jinapor.
    Mr First Deputy Speaker 6:42 a.m.
    Yes, Hon Ato Forson?
    Mr Forson 6:42 a.m.
    Mr Speaker, I also rise to associate myself with the Motion and in doing so, I beg to say that the ESLA as implemented is not a bad policy in itself. It is a well- crafted tax policy; well-designed and it meets all the five major criteria of a tax policy.
    Mr Speaker, I strongly believe that there is no justification for the imposition of the very tax policy we are talking about. I say this because if we take the Road Fund for instance, in the year 2014, Road Fund accumulated a good amount of money for the purposes of road maintenance. Unfortunately, an amount of GH¢400 million that was supposed to accrue to the Ghana Road Fund from these
    Mr Forson 7:02 p.m.


    road levies, were not actually given to Road Fund.

    Mr Speaker, in the year 2018, Road Fund accumulated an amount of GH¢ 1.3 billion. Out of that a pal- try sum of GH¢680 million was what was made available to the Road Fund. This means that almost GH¢700 mil- lion was actually taken from Ghana Road Fund.

    Mr Speaker, we believe that inasmuch as the Government needs revenue, there is the need for us to understand that if Ghanaians are paying taxes on fuel prices for the purposes of fixing their roads, that money must be solely applied for that.

    Mr Speaker, we see where we could say it is a clear misapplication in the sense that the Price Stabilisation and Recovery Account has accumulated an amount of GH¢326.6 million as at 31st December, 2018. Mr Speaker of this amount, the Ministry of Finance decided that because the amount was sitting idle, they would go and then borrow an amount of GH¢120 million from the GH¢326.6 million for the purposes of paying pensions.

    Mr Speaker, this Levy was im- posed to build some buffers for pe- troleum under-recoveries and to pay for subsidies. Now, the Administra-

    tion is telling us that they are going to increase the ESLA even though it has built enough buffers; even though the Government is not using the buffers but to rather increase the hardship on the ordinary Ghanaian. That is why we think that it is not justifiable.

    Mr Speaker, already, Ghanaians are paying GH¢0.40 per litre on die- sel and petrol for the Road Fund; and that amount has not been applied for the purposes of Ghana Road Fund but they are telling us they want to im- pose an additional GH¢0.08 for Road Fund. I do not think that is justifiable.

    Mr Speaker, again, during the Mid- Year Review, the Hon Minister for Finance informed all of us that the reason they are imposing the ESLA was to ensure that they could get some additional revenue to pay for the en- ergy sector debt particularly, the In- dependent Power Producers (IPPs) where the Hon Minister informed us that there is an arrangement that says; ‘take-or-pay'.

    Mr Speaker, unfortunately, a pal- try 20 per cent of this Levy is going to that sector. So, it is deceit, I strongly believe that is not what was told to Ghanaians; Ghanaians were informed that they were going to ac- cumulate X amount for the purposes

    of paying for the energy sector debt. Now, they are going to apply it for Road Fund Levy and Price Stabilisation Fund Levy.

    Meanwhile, the 2019 Mid-Year Budget Review, we were told that the Road Fund Levy would accumulate an amount of GH¢1.9 billion but of this amount, only an amount of GH¢1.14 billion would be given to the Ghana Road Fund. Who would keep the remaining GH¢700 million? It would be justifiable if we apply the entire amount for Road Fund to fix our roads. In that case, I would not oppose it but because they want to deprive the Ghana Road Fund of the revenues that we all pay, to increase fuel prices, it is not justifiable.

    Mr Speaker, finally, after the ap- proval of this tax measure, it would mean that going forward, from tomorrow if the President assents to it, Ghanaians would pay about GH¢0.90 more on fuel and diesel. For LPG, we would pay GH¢1.70 more per 14kg and that would exert more hardship on the ordinary Gha- naian because as long as taxes are concerned on fuel, it reduces people's take home pay and their consump- tion. Mr Speaker, that is why I be- lieve that going forward this is a tax that we should all believe in.
    Mr First Deputy Speaker 7:02 p.m.
    Any contribution from the Majority?
    Yes, Minority Leadership?
    Mr John Abdulai Jinapor (NDC -- Yapei/Kusawgu) 7:02 p.m.
    Mr Speaker, today is the 2nd of August, 2019 and today, we have come to the realisa- tion that the Energy Sector Levies Act (ESLA) is no longer an obnoxious tax and it is no longer a tax that demon- strated that the National Democratic Congress (NDC) was an insensitive government but rather, the NDC had a vision and a foresight -- and today, is the day, to commend the former Hon Minister for Finance, Mr Seth Terkper for his steadfastness.
    Mr Speaker, is it not interesting that our Hon Colleagues on the other Side, after kicking against this levy, today, they are not only keeping it but they seek to increase it and to burden the Ghanaian? Today, we are supposed to be moving from taxation to pro- duction and we are moving from pro- duction to double taxation.
    Mr Speaker, another element I would want to clear is that this incre- ment is not because of a so called
    Mr John Abdulai Jinapor (NDC -- Yapei/Kusawgu) 7:02 p.m.


    “take-or-pay''. We are dealing with four taxes -- the Communications Service Tax has nothing to do with ‘take or pay', the Price Stabilisation Levy which is used to subsidise fuel and premix fuel has nothing to do with the ‘take or pay', the Road Fund Levy which is supposed to go to the Road Fund has nothing to do with the ‘take or pay'. So, when they want to increase taxes, they should be honest with the people of Ghana and not come under the guise of a so called “take or pay'' and increase the taxes. Based on this, that statement that these taxes are increased because of a ‘‘take or pay'' is neither here nor there.

    Mr Speaker, I would want to refer to paragraph 36 on page 14 of the Energy Sector Levy Report of 2018 -- we handed over a cash amount of GH¢234 million to the Akufo-Addo Administration. We did not hand over a liability -- we handed over a cash amount. In 2017, an amount GH¢3.151 billion was collected by the New Patriotic Party (NPP) administration and they utilised an amount of GH¢2.422 billion leaving an outstanding balance of GH¢729 million -- where is that money? [Interruption] In the 2018 accounts, an amount of GH¢3.19 was collected.

    Mr Speaker, I would want to refer to table 14 on page 31 of the total levies received -- when we add the closing balances and the unspent amount, an amount of GH¢600 mil- lion cannot be accounted for -- where is that money?

    Mr Speaker, we hold the view that there is absolutely no justification for an increment in the Price Stabilisation and Recovery Levy (PSRL). This Government has collected so much so that today, as we speak, an amount of GH¢360 million is in the account.

    So, where is the justification for this increment? As if that is not enough, in 2017, the Hon Minister for Finance borrowed GH¢121 million from the PSRL and used it for other purposes. They have not refunded that. In 2018, an amount of GH¢1.33 billion was collected from the Road Fund and instead of them giving the money to the Road Fund to do what is proper, they only released GH¢680 million -- GH¢700 million, out of the Road Fund, was not used for road related activities and they tell us they want to increase it.

    We demand as a Minority that, that GH¢700 million should not have been deducted from the GH¢1.3 billion. The money was meant for the Road Fund and so it should be used for that

    purpose -- anything short of that, the Minority, would not support this Bill.

    Mr Speaker, in conclusion, I would want to put on record that this astronomical, hyped increment tax would only burden the ordinary Gha- naian. Following the passage of this, it would mean that the ordinary Gha- naian would go through excruciating suffering, untold hardship under the Akufo-Addo administration.

    We therefore hold the view that we would not be part of this increment today or tomorrow. Thank you Mr Speaker.
    Mr Daniel Okyem Aboagye (NPP -- Bantama) 7:12 p.m.
    Mr Speaker, I thank you for the opportunity to contribute to this Motion.
    Mr Speaker, these levies have come about as a result of the inefficiencies and incompetence arrangements in the energy sector that has resulted in the fact that we have to find ways to meet and take care of our electricity bills.
    Mr Speaker, in the first two quarters of the year, the Hon Minister for Finance had to pay some huge amount of about GH¢5.4 billion to keep the lights on versus what was programmed which is about GH¢2.6
    billion. In the Mid-Year Budget State- ment, it was indicated that this even affected the Ministry's ability to take care of other allocations. So, for any- body to raise an argument in this House that the levies have nothing to do with incompetence, ‘take or pay' of excess capacity, I find it very diffi- cult to believe.
    Mr Speaker, with the additional money of GH¢6.3 billion that has been requested in the Supplementary Budget, a huge amount GH¢5.2 billion would still be used to support the payment of electricity bills for this country. It is as a result of this and the fact that moneys had to be taken from other places to keep the lights on - because of the problem we had with the dumsor, the Hon Minister had to make things work. These are parts of the reasons we have to pass these levies.

    Mr Speaker, these are part of the reasons we have to lay this levy. All we are doing is to be honest and transparent and to tell Ghanaians that it is as a result of the fact that the arrangements we inherited from our Hon friends on the other Side were not good enough. Even if we should go back and look at what they did with the Road Fund -- They borrowed GH¢1.2 billion from United
    Mr Daniel Okyem Aboagye (NPP -- Bantama) 7:12 p.m.


    Mr Speaker, if that is not inten- tional or incompetence, then it is something else because when we came to power, we were able to refi- nance the balance that was outstand- ing at 21 per cent. So, if they do not know, these inefficiencies are what have resulted in the fact that today, even though we were against those levies when they laid them, we have to be honest with the people of Ghana because this House is all about the Business of the people. We had to be honest and truthful, and tell them how we could keep the lights on.

    Mr Speaker, by the way, dumsor or power instability is now a thing of the past.

    Question put and Motion agreed to.

    The Energy Sector Levies (Amendment) Bill, 2019 was accord- ingly read a Second time.
    MOTIONS 7:12 p.m.
    BILLS -- CONSIDERATION 7:12 p.m.
    STAGE 7:12 p.m.
    Dr Assibey-Yeboah 7:12 p.m.
    Mr Speaker, I beg to move, the Clause
    paragraph (a), third column, line 2, after “debt” insert “recovery”.
    Mr Speaker, it will read 7:12 p.m.
    “To facilitate the debt recovery of the Tema Oil Refinery.”
    Mr Speaker, this is what is in the Act. In trying to substitute the Sched- ule, “recovery” was left out.
    Question put and amendment agreed to.
    The clause as amended ordered to stand part of the Bill.
    The Long Title ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:12 p.m.
    Hon Members, that brings us to the end of Consideration Stage of the Energy Sector Levies (Amendment) Bill,
    2019.
    Item numbered 43, Motions by the Hon Minister for Finance.
    Suspension of Order 131 (1)
    Deputy Minister for Finance (Mrs Abena Osei-Asare on behalf of the Minister for Finance): Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which require 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 Energy Sector Levies (Amendment) Bill, 2019 may be moved today.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:12 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS -- THIRD READING 7:12 p.m.
    Mr First Deputy Speaker 7:12 p.m.
    Yes, available leader?
    Mr Anim 7:12 p.m.
    Mr Speaker, we will take item numbered 27 on page 17 of the original Order Paper.
    Mr First Deputy Speaker 7:12 p.m.
    Item numbered 27 on page 17 of the origi- nal Order Paper by the Hon Minister for Finance?
    MOTIONS 7:12 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:12 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS -- SECOND READING 7:12 p.m.
    Mr First Deputy Speaker 7:22 p.m.
    Hon Chairman of the Committee.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:22 p.m.
    Mr Speaker, I beg to support the Mo- tion and in so doing, I would present the Committee's Report.
    1.0 Introduction
    The Communications Service Tax (Amendment) Bill, 2019 was pre- sented to and read the First time in the House on Tuesday 30thJuly, 2019 by the Hon Deputy Minister for Fi- nance, Mrs Abena Osei-Asare on behalf of the Minister responsible for Finance. The Bill was subsequently referred to the Finance Committee for consideration and report, in accord- ance with article 174 of the 1992 Constitution of the Republic of Ghana and Order 169 of the Standing Or- ders of the House.
    Hon Deputy Ministers for Finance, Mr Kwaku Kwarteng and Mrs Abena Osei-Asare as well as officials from the Ministry of Finance and the Ghana Revenue Authority (GRA) at- tended upon and assisted the Com- mittee in its deliberations on the Bill. Also in attendance at the Committee's
    deliberations were the Chief Execu- tive Officer and other officials from the Youth Employment Agency
    (YEA).
    The Committee is grateful to the Hon Deputy Ministers and the offi- cials for attending upon the Commit- tee.
    2.0 References
    The Committee referred to the fol- lowing documents inter alia during deliberations on the Bill:
    a. The 1992 Constitution of the Republic of Ghana;
    b. The Standing Orders of the Parliament of Ghana;
    c. The Communications Service Tax Act, 2008 (Act 754);
    d. Interpretation Act, 2009 (Act 792); and
    e. The Youth Employment Agency Act, 2015 (Act 887).
    2.1 Urgency of the Bill
    The Committee determined and hereby certifies that the Bill is of an urgent nature and may therefore be

    taken through all the stages of pas- sage in one day in accordance with article 106(13) of the 1992 Consti- tution, and Order 119 of the Stand- ing Orders of the House. 3.0 Background

    The Communication Service Tax was introduced in 2008 at an ad valorem rate of six per cent. The tax is levied on charges payable by con- sumers for the use of Communication services.

    Government proposes to increase the tax to nine percent to develop the foundation for the creation of a viable technology ecosystem in the country.

    This will comprise, among others, establishing systems to identify and combat cybercrime, protecting users of information technology and combating money laundering and other financial crimes.

    4.0 Purpose of the Bill

    The Bill seeks to amend the Communications Service Tax Act, 2008 (Act 754) to revise the rate for the Communication Service Tax.

    5.0 Content of the Bill

    The Communications Service Tax (Amendment) Bill, 2019 contains two clauses.

    Clause 1 seeks to amend section 3 of Act 754 to increase the rate of tax from six per cent to nine per cent of the charge for the use of the com- munications service.

    Clause 2 seeks to amend section 5 of Act 754 to adjust the sharing ratio by providing for at least 20 per cent of six percentage points of the tax to be used to finance the National Youth Employment Programme.

    6.0 Observations

    6.1 Earmarking of the Increase

    The Committee noted that the increase in the tax will not be earmarked. However, the sharing ratio will be adjusted in such a manner that the National Youth Employment Programmes continue to receive the same proportions as they are currently receiving.

    6.2 Fiscal Impact

    As to how much revenue will be impacted by the passage of the Bill, the Committee was informed that the passage of the Bill would lead to an estimated additional revenue of eighty-eight million Ghana cedis (GH¢88,000,000.00) for the period August to December, 2019.

    7.0 Amendments Proposed

    The Committee respectfully recom- mends the following amendments to the Bill:

    i. Clause 2 -- Amendment Proposed -- delete;

    ii. New clause --Amendment Proposed -- Add the following new Clause:

    ‘Section 16 of Act 754 Amended.

    2. The principal enactment is amended in section 16 by the substitution for the interpretation of “charge for electronic communications service usage” of “charge for electronic communications service usage” means

    (a) the amount chargeable by a service provider for electronic communications service usage other than the amount for Value Added Tax, the Ghana Education Trust Fund Levy and the National Health Insurance Levy;

    (b) where the charge for electronic communications service usage is for money

    consideration, the amount of the consideration but excluding the amount of Value Added Tax, the Ghana Education Trust Fund Levy and the National Health Insurance Levy;

    (c) where the charge for elec- tronic communications serv- ice usage is partly for money consideration, the open mar- ket value excluding the Value Added Tax, the Ghana Education Trust Fund Levy and the National Health In- surance Levy; and

    (d) in the case of promotion, pro- tocol, personal use, bonus, gift and similar supplies, the charge shall be the open mar- ket value excluding Value Added Tax, the Ghana Edu- cation Trust Fund Levy and the National Health Insurance Levy;”.

    8.0 Conclusion

    The Committee after carefully ex- amining the Bill, finds that its passage would help raise additional revenue for national development.

    The Committee therefore recom- mends to the House to adopt this Report and pass the Communications Service Tax (Amendment) Bill, 2019 into law subject to the amendments proposed in accordance with article 106(13) of the 1992 Constitution and
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:22 p.m.


    Order 119 of the Standing Orders of the House.

    Respectfully Submitted.

    Question proposed.
    Mr Cassiel A. B. Forson (NDC -- Ajumako-Enyan-Essiam) 7:22 p.m.
    Mr Speaker, I beg to support the Mo- tion and to say that when this tax is implemented, it would mean an in- crease of the tax rate by 50 per cent. Mr Speaker, the Communications Service Tax would be increased from six per cent to nine per cent. That would represent a 50 per cent quan- tum increase. This would mean that taxes we pay when we talk or access social media platforms would go up by 50 per cent.
    Clearly, we were told that the National Youth Employment Authority would still receive the chunk that they are supposed to get. Mr Speaker, I think that this is laudable because we need enough money to be able to fund the National Youth Employment Authority.
    Mr Speaker, the original Bill as was presented made an attempt not to deal with the spirit of the Bill which was to give the 80 per cent to the National Youth Employment Authority. This was corrected at the Committee and it is for this reason that
    the Hon Members of the Minority Side decided to support it. Mr Speaker, we could only caution that inasmuch as the Government still caps the allocation to the National Youth Employment Authority, the Government should ensure that at least, the amount to support the Na- tional Youth Employment Authority should not be capped and to ensure that the needed resources would be given to them to run the activities ex- pected of them.
    Mr Speaker, once again, it was also witnessed that between 2017 and 2019, the levies that go to the National Youth Employment Authority have been capped and a huge amount of money has been denied the Authority. So, we wish to urge the Ministry of Finance that going forward, they should consider funding the Authority to be able to undertake the important mandate that has been given to them.
    Mr Speaker, with these few words, I beg to support the Motion.
    Mr First Deputy Speaker 7:22 p.m.
    Hon Members, I would put the Question.
    Question put and Motion agreed to.
    The Communications Service Tax (Amendment) Bill, 2019 was accordingly read a Second time.
    Mr First Deputy Speaker 7:22 p.m.
    Hon Members, we would take item numbered 29 -- Motion.
    Hon Deputy Minister for Finance.
    MOTIONS 7:22 p.m.
    Mr Frederick Opare-Ansah 7:22 p.m.
    Mr Speaker, I beg to second the Motion.
    Mr First Deputy Speaker 7:22 p.m.
    Hon Members, I would put the Question.
    Question put and amendment agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 7:22 p.m.
    Hon Members, the Communications Tax (Amendment) Bill, 2019 at the Con- sideration Stage.
    BILLS -- CONSIDERATION 7:22 p.m.
    STAGE 7:22 p.m.
    Mr Frederick Opare-Ansah 7:22 p.m.
    Mr Speaker, I seek your leave to move the amendment on behalf of the Hon Chairman of the Committee who has stepped out.
    Mr First Deputy Speaker 7:22 p.m.
    Very well.
    Mr Opare-Ansah 7:22 p.m.
    Mr Speaker, I beg to move clause 2, delete.
    Mr Speaker, clause 2 of the Bill seeks to limit the proportion of the tax rate to which the portion that would go to the National Youth Employment Authority would apply. So, it proposes to keep the 20 percentage points to only the six per cent part, but after extensive consultations with the Ministry as well as the Ministry of

    Employment and Labour Relations, the Committee felt that that would not augur well for the Authority. In this sense, the Committee proposes that we should delete this provision.

    Mr Speaker, this is the rational for this amendment.
    Mr First Deputy Speaker 7:22 p.m.
    Hon Ranking Member.
    Mr Forson 7:22 p.m.
    Mr Speaker, this amendment was agreed at the Committee because the spirit of the Bill as the Hon Minister laid it and in the Mid-Year Review he announced that the portion that is supposed to go to the Authority would not be touched. However, when the Bill came to us, it was proposing 20 per cent and 80 per cent against the Au- thority so we ensured that the Author- ity would get 80 per cent for the Com- munications Service Tax (CST) of the entire amount. It is for this reason that we all agreed to support this and so I think that it is a very good amend- ment.
    Mr First Deputy Speaker 7:22 p.m.
    Is it the deletion?
    Mr Forson 7:22 p.m.
    Mr Speaker, yes. The amendment as proposed by --
    Mr First Deputy Speaker 7:22 p.m.
    For now, what we are doing is the amendment proposing that clause 2
    should be deleted. However, there is another amendment that proposes that clause 2 should be amended by inserting a new clause. So, if we de- lete clause 2 then that should be the end of the proposed amendment.
    Yes, Hon Member for Wa West?
    Mr Chireh 7:32 p.m.
    Mr Speaker, I think the Committee should have resolved that. Otherwise, what we should do is to move Hon Opare-Ansah's proposed amendment first. This is because, he would retain what the Hon Chairman wants to maintain in the original Act. Once he moves it and we agree, then the Hon Chairman has nothing to move again.
    Mr First Deputy Speaker 7:32 p.m.
    Hon Member for Suhum, you have moved for the amendment which is against your interest. But I think we should move your proposed amendment. If we determine your amendment in the positive, then the Hon Chairman's amendment would be overreached. So I would rather call item numbered (ii).
    Mr Opare-Ansah 7:32 p.m.
    Mr Speaker, I beg to move, clause 2, delete and insert the following:
    “Section 5 Act 754 amended
    Mr Chireh 7:32 p.m.
    Mr Speaker, I sup- port this amendment because, first, it has been retained as in the way the Committee decided not to change the rates. So, they were to delete clause 2, but once he is substituting, he has brought back the rate which the Committee thought should be in the original Act. The other reason I sup- port this is his subclause (2) because the provision says:
    “(2) A proportion of the revenue generated from the tax shall be applied to fund the annual esti- mates of the operations and maintenance of the national Dig- ital Terrestrial Television plat- form in lieu of TV licence”.
    I think this is an important issue that we have to discuss. But this amend- ment means once we are going dig- ital, the Ministry of Communications insists that people should pay televi- sion licences, but we all know the his- tory of the payment of television li- cence. I support this amendment be-
    Mr Forson 7:32 p.m.
    Mr Speaker, I have a difficulty with the amendment as proposed by Hon Opare-Ansah. The section 5(2) that seeks to make available a portion of the revenue for the purposes of the television licence replacement is where I have my concern. A chunk of the amount is supposed to go to the National Youth Employment Authority. Any attempt that would reduce the allocation to the Authority would be a problem. So, it should be made clear what proportion he is talking about. It is a proportion of what? Is he referring to the por- tion that goes to National Youth Em- ployment Authority?
    This is because the Youth Employment Authority needs to be funded and funded properly. So, with this amendment, he is supposed to come back and explain because he has not explained what proportion he is talking about.
    Mr Speaker, this is my submission.
    Mr James K. Avedzi 7:32 p.m.
    Mr Speaker, I also have the same chal-
    lenge. First of all, we need to refer- ence the percentage that is going to the National Youth Employment Au- thority. If we say 20 per cent of the revenue generated should go to the National Youth Employment Author- ity and say a proportion of the rev- enue generated, is it after the deduc- tion of the 20 per cent that goes to the National Youth Authority before a proportion?
    Again, what is that proportion? How do we ring-fence that propor- tion? If we do not have legislation to say 10 per cent or 20 per cent -- If we have it say, 10 per cent, then it is definite and for that matter it can work, but if we leave it vague without any certainty, it would be difficult to ring- fence that percentage.
    So, first of all, we need to ring- fence the proportion that is going to the Youth Authority then we can talk about the proportion which he said we have it already at 10 per cent. If we have that one, then I support it.
    Mr First Deputy Speaker 7:32 p.m.
    Yes, Hon Member for Suhum?
    Mr Opare-Ansah 7:32 p.m.
    Mr Speaker, there is already a provision in another enactment which specifically provides for the percentage of the revenue that would go to the National Youth Em- ployment Authority. So, the reference to proportion here certainly cannot
    attack the percentage. I refrain from using a specific amount because we need to give the necessary room for the Ministry of Finance to make those determinations. Indeed, the Explana- tory Memorandum accompanying the Bill talked about the fact that the in- crease would not be earmarked. So, it is clear that the Ministry did not want to say specifically five, 10 or 20 per cent would do this. That is why we are giving an indication that a propor- tion should go to do this and another proportion should go to do that. In their wisdom, I am sure the Ministry would do the right thing.But the Deputy Minority Leader should be rest assured that the portion going to the Youth Employment Authority has been properly ring-fenced in other legislations.
    Question put and amendment agreed to.
    The new clause ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:32 p.m.
    There is another new clause to sec- tion 16 -- By the Hon Chairman of the Committee.
    Hon Member for Suhum, would you move the next proposed amend- ment for the Hon Chairman?
    Mr Opare-Ansah (on behalf of
    Dr Mark Assibey-Yeboah) 7:32 p.m.
    Mr Speaker, exactly so.
    Mr Speaker, I beg to move, new clause add the following new provi- sion 7:42 p.m.
    “Section 16 of Act 754 amended
    # The principal enactment is amended in section 16 by the substitution for the interpretation of “charge for electronic communications service usage” of
    ‘charge for electronic communications service usage” means
    (a) the amount chargeable by a service provider for electronic communications service usage other than the amount for Value Added Tax, the Ghana Education Trust Fund Levy and the National Health Insurance Levy;
    (b) where the charge for electronic communications service usage is for money consideration, the amount of the consideration but excluding the amount of Value Added Tax, the Ghana Education Trust Fund Levy and the
    Mr First Deputy Speaker 7:42 p.m.
    That brings us to the end of Consideration Stage of the Communications Service Tax (Amendment) Bill, 2019.
    Dr Assibey-Yeboah 7:42 p.m.
    Mr Speaker, I come under Order 130(1) and move that the Bill be taken through a Second Consideration Stage in respect of the amendment moved by the Hon Member for Suhum.
    Mr Speaker, I went out and as a matter of fact, I asked Hon Opare- Ansah to hold the fort, unbeknown to me, he was going to stab me. [Laughter] - Mr Speaker, this amendment which says: “A propor- tion of the revenue generated from the tax shall be applied to fund the annual estimates in respect of the operations and maintenance of the …”
    timates, is he suggesting that any esti
    Mr First Deputy Speaker 7:42 p.m.
    The amendment was voted upon but you are entitled to bring the application here. There is no ambush. You move your application.
    Dr Assibey-Yeboah 7:42 p.m.
    Mr Speaker, I beg to move, that the Com- munication Service Tax (Amendment) Bill, 2019 be taken through a Sec- ond Consideration.
    Dr Kwabena Twum-Nuamah 7:42 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS -- SECOND CONSID- 7:42 p.m.
    ERATION STAGE 7:42 p.m.
    Mr First Deputy Speaker 7:42 p.m.
    Hon Member, tell us what we should do in respect of the proposed amendment.
    Dr Assibey-Yeboah 7:42 p.m.
    Mr Speaker, in the Memorandum accom- panying the Bill, it is clearly stated in the fourth paragraph that this increase would not be earmarked. What the Hon Member sought to do amounts to earmarking of the Communications Service Tax.
    Mr Speaker, as I indicated early on, this is a major policy decision. This Bill, as we are always told in this House emanates from Cabinet. My Hon Colleague and I are not Members of the Cabinet and the Ministry that brought this Bill to the House -- the Hon Minister for Finance, whose abled Deputy is on my right has not told me that we want such an amendment to the Bill.
    Mr Speaker, so I propose that we leave the Bill as was submitted to the House and considered at the Committee. As a matter of fact, this amendment that he has moved - he is an Hon Member of the Committee and had the opportunity to move this
    amendment or propose same at the Committee and he did not do it.
    Mr First Deputy Speaker 7:42 p.m.
    Hon Member, move your Motion.
    Dr Assibey-Yeboah 7:42 p.m.
    Mr Speaker, so I propose that this amendment which was voted on now be deleted from the Bill.
    Mr Opare-Ansah 7:52 p.m.
    Mr Speaker, I listened to the Hon Chairman to find out what reasons he would adduce for his argument for us to delete the amendment that the House approved a moment ago. The Hon Chairman said that his argument is premised on the fact that the Memorandum says the increase would not be earmarked.
    Mr Speaker, a moment ago, I said that I refrained from putting specific percentages to the proposal because that would amount to earmarking.
    Mr Speaker, the Committee rather, in refusing to accede to the proposal contained in the Bill to restrict the additional three per cent from earmarking, went ahead and earmarked that three per cent.

    By including it in the overall calcu- lation, it has earmarked that additional three per cent. So, it would be strange for the Hon Chairman to now turn round and say that it is my amend- ment rather that is doing earmarking and for that matter it should be re- jected.

    Mr Speaker, on the grounds that my amendment is earmarking the Fund, the Hon Chairman's argument collapses. The Hon Chairman ex- pressed fear that the approved clause would allow the entities to bring the estimates, and they cannot tell whether it would be able to fund it or not.

    Mr Speaker, those estimates will be presented to a Committee of Parliament. Indeed, during the pre- budget consideration of the Ministry itself before it submits the Annual Estimates and Policy of Government, they certainly would speak to these agencies and know whether they would be able to contain those estimates. We all know how MDAs are given ceilings to fit their budgets into, so this is not a strange provision that would in some way outride such mechanisms that the Ministry of Finance uses to bring its budget to this House.

    Mr Speaker, we heard the Hon Member for Wa West make the
    Alhaji I.A.B. Fuseini 7:52 p.m.
    Mr Speaker, this amendment sponsored by the Hon Member for Suhum is not intro- ducing anything new apart from what exists in the law.
    I recall vividly, in 2008, when the Communications Service Tax was in- troduced, it is this House that argued vociferously that a portion of the Communications Service Tax be ap- plied to the National Youth Employ-
    ment Programme. It was not the Gov- ernment that came with the pro- gramme. It was this House in its wis- dom that said we should apply a por- tion, and the House further agreed that 20 per cent of that Communications Service Tax be applied to the Na- tional Youth Employment Programme.
    Mr Speaker, again, the second leg which is a proportion -- we know that Government is considering mak- ing people who receive free-to-air transmission to pay. As a House, we know that there are many poor peo- ple in this country who might not be able to pay, and who might not be able to watch television.
    We are saying that Government should apply part of the increase in Communications Service Tax to pay- ing for the digital boxes, so that peo- ple can watch free of charge. We are saying that we are faced with cyber- security threats so part of the Com- munications Service Tax should be used to address this problem.
    What is the problem? There is no problem. We are not increasing or imposing tax. We are just saying that in our view, the increase in the Com- munications Service Tax would bet- ter be used in ensuring that a majority of the people still continue to receive
    Dr Prempeh 7:52 p.m.
    Mr Speaker, I rise to support the generality of the proposed amendment.
    We were all in this House when the Government proposed the Plastic Waste Levy. At the time, the Hon Member for Manhyia and the Hon Member for Asawase convinced the House that 50 per cent of that money - actually increased the levy from 10 per cent to 20 per cent and dedicated 50 per cent of that amount to plastic waste recycling activities. It was done in the House. It was not the Government that proposed it.
    Mr Speaker, the only problem I have is for the Hon Member who moved the amendment to look at it again. When you say at least 20 per cent should go to the National Youth Employment Programme, I accept it, but the second amendment, subclause
    (b) -- that is where I want us to ad- vert our minds and delete certain words:
    “A proportion of the revenue generated from the tax shall be applied to fully fund…”
    Mr First Deputy Speaker 7:52 p.m.
    That was deleted.
    Dr Prempeh 7:52 p.m.
    Mr Speaker, the third amendment is very important, even more than the previous two. Cyber security threat is affecting all of us here in different ways and forms.
    If you are an Hon Minister of State, they are opening websites for you, they are duping people. I have been working closely with the Hon Minister for Communications that we have a national cyber security train- ing school in this country.
    Mr Speaker, I will plead with the Hon Member for New Juabeng South that this amendment would even be supported by the Hon Minister for National Security.
    To increase a tax and for Parliament to say -- actually it is only Parliament that can impose a tax, so you cannot tell me that this tax that has been imposed is being imposed by the Executive. It is being imposed by Parliament, and if Parliament in its
    Mr A. Ibrahim 8:02 p.m.
    Mr Speaker, this is a fine opportunity to solve a national problem, and because of that I strongly support the amendment that was moved by Hon Frederick Opare- Ansah. I believe the House should
    vote massively in support of this amendment.
    Mr Speaker, over the weekend we were in Koforidua with Ghana Broadcasting Corporation (GBC). Their main problem was the collec- tion of TV license. It is not collect- ible.

    Apart from that, they were also worried about a sustainable funding for the Ghana Broadcasting Corpo- ration (GBC). I would however leave that one aside.

    Mr Speaker, when it comes to fi- nances, the banking and the financial sectors are going digital. If we do not fight cybercrime and all we think about is how to get revenue, then how would we protect deposits and the others? With this amendment that was moved, if we do not support it and we allow this opportunity to go - [Interruption] -Television licence is not a sustainable source of revenue for GBC. GBC is on its legs, and this is the opportunity for us to support them.

    Mr Speaker, I would therefore want to make an appeal to the Hon Chairman of the Finance Committee to withdraw his amendment for us to make progress. He has a lot of Busi- ness to do, so this one alone should
    Dr Assibey-Yeboah 8:02 p.m.
    Mr Speaker, section 100 of the Public Financial Management Act states that every Bill or proposal that comes to Parliament must come with a fiscal impact analy- sis.
    Therefore, we would realise that in considering the Energy Sector Levy Amendment, we said that the revenue to be generated would be GH¢273 million. In the CST, we gave GH¢88 million. In moving this amendment, has the Hon Member told us the fiscal impact of his proposed amendment? That is one.
    Secondly, Act 887 of the Youth Employment Agency Act, which was passed in 2015 stipulates that 80 per cent of the Communications Service Fund shall go to the Youth Employment Agency (YEA). It is for this reason we proposed to even delete the clause in the Bill which says that at least 20 per cent should go into it. Therefore this House has already passed a law which says that 80 per cent of the CST should go to the
    YEA.
    Mr Speaker, finally, article 108 of the Constitution provides 8:02 p.m.
    “Parliament shall not, unless the bill is introduced or the motion
    is introduced by, or on behalf of, the President --
    a) proceed upon a bill including an amendment to a bill, that, in the opinion of the person presiding, makes provision for any of the following --
    i) the imposition of taxation or the alteration of taxation otherwise than by reduction;…”
    Mr Speaker, if we go ahead with this amendment, Parliament would be engaging in an illegality, and I do not want to be part of it. I therefore strongly feel that this amendment pro- posed by the Hon Member for Suhum, should be defeated.
    Mr First Deputy Speaker 8:02 p.m.
    I would hear the former Hon Deputy Attorney-General and Minister for Justice on the interpretation of the Constitution.
    Dr Ayine 8:02 p.m.
    Mr Speaker, thank you very much for the opportunity.
    Mr Speaker, I believe the Hon Chairman of the Finance Committee should stick to his financial matters. [Laughter] --
    On the interpretation that the Hon Chairman of the Finance Committee has given, I would say that the Hon Member for Suhum has not intro-
    duced any Bill in this House that seeks to impose a tax.
    Basically, what the Hon Chairman of the Finance Committee has said is that whenever a Bill bearing on financial matters comes here, no Hon Member of this House can propose an amendment as that would tanta- mount to a legislative gauging of Par- liament. Therefore, I believe that the Hon Chairman of the Finance Com- mittee was wrong in his interpretation of the Constitution.
    Mr Forson 8:02 p.m.
    Mr Speaker, I would want to appeal to the Hon Opare- Ansah to withdraw his amendment.
    Mr Speaker, I say this because it is important for him to recognise that the Budget, as presented to us -- the Mid-Year Review, 2019 -- comes with estimates. The Ministry of Fi- nance has prepared their estimates in accordance with the projections.
    What the Hon Opare-Ansah seeks to say is that they should make avail- able, a portion of that estimate. It would however end up distorting the entire appropriations.
    Mr Speaker, I would just want to appeal to him to consider routing it through the Ministry of Finance. His amendment would mean that we are
    throwing off the entire budget over- board. In the end, next year, when they exceed the Appropriations Act, he might be the same person that would call on the Hon Minister in charge. So, I do not believe this is fair on the Min- istry of Finance. I believe that they should be allowed to implement their budget and ensure that they do the right thing.
    Mr Speaker, again, the YEA's Act said that 80 per cent of the amount should be given the YEA. Now, the Hon Member has proposed that it should be at least, 20 per cent. In that case, he seeks to revise it downwards. This would not be an illegality. Meanwhile, the spirit of this Bill is to ensure that the YEA is fully funded. For this amendment to seek to reduce the percentage, I believe it should not be entertained, it should be thrown out for the Ministry of Finance to be given the opportunity.
    Mr Opare-Ansah 8:02 p.m.
    Mr Speaker, the first portion of my proposed amendment only seeks to lift what sits in the current law, and there is no conflict with the provision of 80 per cent. This provision says at least 20 per cent, but 80 per cent is 60 percentage points up, over and above 20 per cent.
    Therefore, if one law says that we could have at least 20 per cent, and
    Mr First Deputy Speaker 8:02 p.m.
    Hon Member, why do you need this “at least”? There is a law that specifically asks us to pay 80 per cent, so why should we introduce another legisla- tion that says “at least 20 per cent”?
    Mr Opare-Ansah 8:02 p.m.
    Mr Speaker, that law was made much earlier; the CST Act was in 2008, and approved by this House. This House agreed that it should be at least 20 per cent. So, it was discretionary to the Minis- try when they were doing the alloca- tions to allocate how much they would want to give the Agency.
    Mr First Deputy Speaker 8:02 p.m.
    However, Hon Member, what would this “at least 20 per cent” achieve?
    Mr Opare-Ansah 8:02 p.m.
    Mr Speaker, what I am saying is that with this proposal, the provision is already in the law. That is what sits in the law as we speak. If we do not amend --
    Mr First Deputy Speaker 8:02 p.m.
    Which law does the 20 per cent sits in?
    Mr Opare-Ansah 8:02 p.m.
    Mr Speaker, it currently sits in the CST Act, sec- tion 5. It says that at least 20 per cent of CST at the collections would be applied to National Youth Employ- ment Programme. Later, the House made a new law that says that 80 per cent would go to YEA.
    Now, the Hon Chairman of the Fi- nance Committee said that I am in- troducing a new amendment that would alter the taxation. I do not see anywhere in my proposed amendment that I seek to alter any tax rate. What I seek to do, is to help guide us on the way forward for the distribution
    of the proceeds for the tax rates. That is what my amendment seeks to do. It does not attack or alter any tax rate.
    Mr Speaker, with the argument about the implications or the financial impact, I have spoken severally about it that all this goes back to the Ministry of Finance, and it all comes back to Parliament. So, it is not as if some entity somewhere would go and make some estimates and pass some backdoor somewhere to go and get the moneys from the Ministry of Finance. The Ministry of Finance would get those estimates, and they would certainly bring it back to Parliament.
    8. 12 p.m.
    Finally, on the issue that the Hon Ranking Member of the Finance Committee raised concerning the fact that they have done the estimates already, I am not the one who said that these funds would be applied to cybercrime; it is contained in the Memorandum that accompanied the Bill.
    The Hon Minister for Finance before coming here, told the House through the Memorandum that the extra proceeds are going to fight cybercrime. I am only making sure it
    Mr Iddrisu 8:02 p.m.
    Mr Speaker, coincidentally, I was on this Side shepherding the Youth Employment Agency (YEA) Bill in 2015. I would like to plead with my Colleague, Hon Frederick Opare-Ansah to abandon his amendment because the unemployment crisis of our country is a national security crisis. The President has introduced the graduate wing of it; they need financing. All of us here could go to the annual budget requirement of the YEA and it is not less than GH¢700 million. That is if they were to be given financing. They do not get it; the Ministry of Finance does not release it.
    Mr Speaker, you are old enough in this House, and you know we all covered that, some of these taxes -- [Interruption] -- It had to be related to the Youth Employment Agency to make it more attractive at the time that it was introduced. I was here and we have made progress. I recall and the Hon Minister for Education would bear me out; he was a co-sponsor. We even wanted to attach the Annual Budget Funding Amount (ABFA) of between two to five per cent to fund Youth Employment because we were convinced that Youth Employment is worth financing.
    Then, the Hon Minister for Finance at the time, Mr Terkper said we
    should leave the oil revenues out; he would adjust Communications Service Tax from 60 per cent to 80 per cent. As we speak, the women who do the cleaning associated with sanitation, are not even paid anything meaningful.
    I had cautioned that we cannot be paying somebody GH¢200 and say that the person is in employment when we are paying him below the nationally - accepted minimum wage. That is how low they get. Even that GH¢200, they cannot get it with 20 per cent of the CST revenue. Mr Speaker, so even with the 80 per cent of the CST revenue, hardly have they—
    Mr First Deputy Speaker 8:02 p.m.
    Hon Minority Leader, are you opposed to the proposed amendment?
    Mr Iddrisu 8:02 p.m.
    Mr Speaker, yes, vehemently.
    Mr First Deputy Speaker 8:02 p.m.
    Currently, there is a Second Consideration to delete that proposed amendment. That is what we are discussing and I am going to put the Question now; I have heard all Sides.
    Question put and amendment negatived.
    Mr First Deputy Speaker 8:02 p.m.
    The Hon Minister moved the procedural Motion. I think you may repeat the procedural Motion.
    Dr Assibey-Yeboah 8:02 p.m.
    Mr Speaker, if we go to the Bill, there was an amendment to delete clause 2. Now, in deleting that clause, we are saying that ‘at least twenty per cent' should go so that what pertains in the YEA Act, would refer.
    So, I beg to move, that we delete clause 2 as captured in the Report originally.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 8:02 p.m.
    That brings us to the end of the Second Consideration of the Communications Service Tax (Amendment) Bill, 2019.
    Mr First Deputy Speaker 8:02 p.m.
    Now, Hon Deputy Minister for Finance, you may move item numbered 31.
    Dr Assibey-Yeboah 8:02 p.m.
    Mr Speaker, I rise to second the Motion.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 8:02 p.m.
    Item numbered 32?
    BILLS -- THIRD READING 8:02 p.m.
    Mr First Deputy Speaker 8:02 p.m.
    Yes, Hon available Leader?
    Mr Anim 8:02 p.m.
    Mr Speaker, we may take item numbered 16 on the original Order Paper.
    Mr First Deputy Speaker 8:02 p.m.
    Item numbered 16, Motion?
    Dr Assibey-Yeboah 8:02 p.m.
    Mr Speaker, before I move the procedural Motion, I sought your
    leave earlier and amended the Motion when I laid the Paper that the Units of Accounts (UA5,000,000) was equivalent to US$7,000,000.00. I would like the same amendment effected in items numbered 16, 17 and the Resolution numbered 18.
    Mr First Deputy Speaker 8:02 p.m.
    Let the records so reflect.
    MOTIONS 8:02 p.m.
    Chairman of Finance Committee (Dr Mark Assibey-Yeboah) 8:02 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which require that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Concessionary Loan Agreement between the Government of the Republic of Ghana represented by the Ministry of Finance [Ghana Cocoa Board] (COCOBOD) and the African Development Bank for an amount of up to five million Units of Accounts (UA5,000,000) [equivalent to US$7,000,000] for Cocoa Sector Institutional Support Project (COSISP) may be moved today.
    Mr Forson 8:02 p.m.
    Mr Speaker, I rise to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 8:02 p.m.
    Item numbered 17?
    MOTIONS 8:02 p.m.
    Dr Assibey-Yeboah 8:02 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Concessionary Loan Agreement between the Government of the Republic of Ghana represented by the Ministry of Finance [Ghana Cocoa Board] (COCOBOD) and the African Development Bank for an amount of up to five million Units of Accounts (UA5,000,000) [equivalent to US$7,000,000] for Cocoa Sector Institutional Support Project
    (COSISP).
    Mr Speaker, in so doing, I present your Committee's Report 8:02 p.m.


    1.0 Introduction

    The Concessionary Loan Agree- ment between the Government of the Republic of Ghana (represented by the Ministry of Finance [Ghana Cocoa Board] (COCOBOD) and the African Development Bank for an amount of up to five million Units of Accounts (UA5,000,000) [equivalent to US$7,000,000] for Cocoa Sector Institutional Support Project (COSISP) was laid in the House on Thursday, 1st August, 2019 by Hon Abena Osei-Asare and referred to the Finance Committee for consideration and report in accordance with article 181 of the Constitution and the Standing Orders of the House.

    The Committee met with a Deputy Minister for Finance, Hon Charles Adu Boahene and officials from the Ministry of Finance and Ghana

    COCOBOD.

    2.0 Reference Documents

    The Committee referred to the following documents in the consideration of the Project:

    1. The 1992 Constitution;

    2.The Public Financial Manage- ment Act, 2016 (Act 921); and

    3. The Standing Orders of Parliament.

    3.0 Background

    On June 2017, Ghana Cocoa Board and Le Conseil du Cafe- CaCao of Cote d'Ivoire agreed on a strategic framework for mitigating the harsh effects of declining international prices, building resilient and robust Cocoa Sectors capable of rendering appreciable and sustainable benefits to farmers and the economies of Ghana and Cote d'Ivoire. The adopted strategies required immediate investment in five critical areas of the Cocoa Sector, which will be necessary for the attainment of a sustainable cocoa economy.

    The identified areas of investment include:

    a. Farm productivity enhancement and control of Cocoa Swollen Shoot Virus Disease

    (CSSVD);

    b. Increased Storage and Warehousing capacities as part of export control measures;

    c. Promotion of Processing and Consumption to Increase
    Mr Speaker, in so doing, I present your Committee's Report 8:02 p.m.


    demand thereby positively affecting prices;

    d. Establishment of African Cocoa Exchange to trade off cocoa, given that 60 per cent of the annual global output is produced by Ghana and Cote d'Ivoire;

    e. Establishment of a Stabilisation Fund to cushion the industry against unexpected declines in world prices.

    Consequently, a joint request for US$1.2 billion assistance was submitted to the African Development Bank through the Ministries of Agriculture and Finance of Ghana and Cote d'Ivoire. An Appraisal of Ghana's component revealed that capacity building was required in some departments of COCOBOD as well as specific sector reforms in order to facilitate the attainment of an overall objective of the sustainable cocoa economy.

    It is in response to this need that the Cocoa Sector Institutional Support Project was conceived. The African Development Bank has agreed to support the project and it is this Agreement that is currently before the House for approval.

    4.0 Objectives

    The Object of the loan is to support the Cocoa Sector Institutional Support Project which is aimed at improving the performance of the Cocoa Sector in order to increase cocoa farmers' revenues and reduce poverty.

    4.1 Project Components and Description

    The objectives of the project are expected to be achieved through the implementation of the three complementary components. Details of the activities under each component and sub-component of the project are captured in Table 1 below:
    Mr Speaker, in so doing, I present your Committee's Report 8:02 p.m.


    5.0 Terms and Conditions of the Loan

    The terms and conditions for the loan are as follows:

    Loan Amount -- UA5.0 million

    Interest rate -- 1.0 per cent per annum

    Service Charge -- 0.75 per cent per annum

    Commitment Charge -- 0.5 per cent per annum

    Grace Period -- 5 years

    Repayment Period -- 25 years (exclusive of grace period)

    6.0 Observations

    6.1 Benefits of the project

    The Committee was informed that when completed, the project is expected to improve the effectiveness of COCOBOD, enable higher and less volatile farm gate prices, and promote collaboration with Cote d'Ivoire. It is also expected that at the end of the project,

    the level of smuggling would reduce to 25,000 tonnes per year;

    Areas using fertiliser will increase from 59 per cent to 65 per cent;

    Industry costs will reduce to 10 per cent of gross f.o.b.

    The Committee was also informed that the project will build the capacity of COCOBOD to help improve cost effectiveness of the cocoa sector and strengthen private sector participation in input supply, which will reduce the industry costs, leaving a larger net F.O.B. price for sharing to stakeholders. Thus the price paid to farmers will increase as a result. New investments in IT solutions will also help to reduce or eliminate leakages so that subsidies granted would reach the farmers timely and efficiently.

    6.2 Overall Project Cost

    The Committee was informed that the total cost of the project is UA5.5 million (approximately US$7.7m), of which UA5 million (equivalent to US$7,000,000.00) is contributed by the Bank using the resources of the African Development Fund, and UA 0.5 million represents the counterpart contribution (in-kind) of the Government of Ghana.

    6.3 Project Duration

    The Committee was informed that the Project will be implemented over a period of twenty-four months commencing 2019 to 2021.

    7.0 Conclusion

    In view of the immense benefits to be derived from this project, the Committee recommends to the House to adopt its report and approve the request for approval of the Concessionary Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance [Ghana Cocoa Board] (COCOBOD) and the African Development Bank for an amount of up to five million Units of Accounts (UA5,000,000) [equivalent to US$7,000,000] for Cocoa Sector Institutional Support of Project (COSISP) in accordance with article
    Mr Cassiel Ato Baah Forson (NDC -- Ajumaku/Enyan/ Essiam) 8:22 p.m.
    Mr Speaker, I beg to second the Motion.
    Mr Speaker, we were informed at the Committee meeting that the draw down would not be done this year and so, my concern is the fact that if they would not be done, why are we rushing the approval of this very Loan Agreement? This was laid before us yesterday, and we had to take it through the process and peruse the document.
    Mr Speaker, unfortunately, in as much as I support the Loan Agreement, it is highly concessional in terms of the financing but there are some components of it which are problematic. There is a component called component 1 which would support the institutional reform and an amount of unit of account (UA) has been allocated. Unfortunately, under component 1, there is an element
    reform of COCOBOD law that says that the COCOBOD law would be reformed and some of the things they intend to do includes the revenue of the test of law and the Legislative Instrument, the support and enacting ratification and obviously, the publication and the dissemination of the COCOBOD law.
    Mr Speaker, I strongly believe that at the Attorney-General's Department, there are excellent professionals led by the Hon Attorney-General and Minister for Justice who could do these kind of jobs. The obsession with consultants in this country is becoming too much. There are professionals who could do the job easily and do it even better but we keep using consultants and paying them huge sums of money.
    I believe that this money if given to the Attorney-General's Department, they could review COCOBOD law. They have been the same people who have drafted and reviewed laws over the years, so why do we continue to give money to consultants to do the very work that our institutions can do?
    Mr Speaker, going forward, we should review some of the work that we give to consultants because our professionals can do it. There are people who do these kind of jobs and so, it is something that we should
    review and ensure that we make some savings by allowing our professionals to do these kind of jobs.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 8:22 p.m.
    Hon Members, item numbered 18 -- Resolution.
    RESOLUTIONS 8:22 p.m.
    THIS HONOURABLE 8:22 p.m.
    HOUSE HEREBY 8:22 p.m.
    RESOLVES AS 8:22 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:22 p.m.
    Mr Speaker, I beg to second the Motion
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 8:22 p.m.
    Hon Second Deputy Majority Whip?
    Mr Anim 8:22 p.m.
    Mr Speaker, we could take item numbered 19 on page 13 on the original Order Paper.
    Mr First Deputy Speaker 8:22 p.m.
    Item numbered 19 -- Hon Chairman of the Finance Committee?
    Dr Assibey-Yeboah 8:22 p.m.
    Mr Speaker, the Report to be presented is two in one. It has the Receivables-backed

    Trade Finance Facility of US$1.5 billion and the Stamp Duty. So, items 19 and 22 would be moved together, likewise, 20 and 23 and then 21 and

    24.
    Mr First Deputy Speaker 8:22 p.m.
    Very well.
    Mr Forson 8:22 p.m.
    Mr Speaker, I beg to second the Motion.
    Dr Assibey-Yeboah 8:22 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which require that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the Finance Committee on the Request for waiver of stamp duty amounting up to the Ghana cedi equivalent of seven million, five hundred thousand United States dollars (US$ 7,500,000) on the Receivables- Backed Trade Finance Facility may be moved today.
    Mr Forson 8:22 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to
    Resolved accordingly.
    MOTIONS 8:22 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:22 p.m.
    Mr Speaker, I beg to move that, this Honourable House adopts the Report
    of the Finance Committee on the Terms of a Receivables-backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (US$1,500,000,000) for the Purchase of Cocoa in Ghana for the 2019/2020 Crop Season.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the request for waiver of stamp duty amounting up to the Ghana cedi equivalent of seven million, five hundred thousand United States dollars (US$7,500,000) on the Receivables-Backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million united States dollars (US$1,500,000,000) for the Purchase of Cocoa in Ghana for the 2019/2020 Crop Season.
    Mr Speaker, in doing so, I present your Committee's Report.
    1.0 Introduction
    The Terms of a Receivables-Backed Trade Finance Facility between
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:22 p.m.


    Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of one billion five hundred million United States dollars (US$ l,500,000,000.00) for the purchase of Cocoa in Ghana for the 2019/2020 Crop Season;
    AND 8:22 p.m.
    Mr Cassiel Ato Baah Forson (NDC -- Ajumaku/Enyan/ Essiam) 8:32 p.m.
    Mr Speaker, I beg to second the two Motions.
    Mr Speaker, the cocoa syndication is an annual ritual. Every year, Ghana COCOBOD presents to this House for an approval, a request to enable them borrow between US$1.3 billion and about US$1.5 billion and in some cases, US$1.8 billion. COCOBOD has a good track record of repaying their loans. They are among the very few State Owned Enterprises in this country that repay their loans.

    My concern is that at the committee, we were told that an amount of GH¢1.5 billion will be borrowed but of this amount they would use cocoa proceeds of 640,000 metric tonnes as collateral. This Honourable House also approved a medium-term loan for
    Mr Cassiel Ato Baah Forson (NDC -- Ajumaku/Enyan/ Essiam) 8:32 p.m.


    Ghana Cocoa Board of which 46,000 metric tonnes was used as collateral. What it means is that for the crop year 2019/2020, we will have to make available 46,000 metric tonnes of cocoa to be used for the purposes of repaying the loan. Ghana Cocoa Board needed about 700,000 metric tonnes to service their loans. Unfortunately, the local sales amounted to about 300,000 metric tonnes which is for companies that are established here in Ghana that would require cocoa beans to process.

    Mr Speaker, my only concern relates to the fact that, looking at the volumes that COCOBOD actually produces, if care is not taken, the local industry will not be able to get enough beans to process. That can be very disadvantageous to the local industries, particularly now that Ghana has become a destination for industries to come in for the purpose of buying cocoa for processing.

    Mr Speaker, I urge the COCOBOD to watch that and make beans available to local industries so that they would also be able to process, add value and create employment in our country.

    I thank you very much, Mr Speaker.

    Question proposed

    Question put and Motion agreed to.
    Mr First Deputy Speaker 8:32 p.m.
    Hon Minister for Finance, Resolutions numbered 21 and 24.
    RESOLUTIONS 8:32 p.m.
    THIS HONOURABLE 8:32 p.m.
    HOUSE HEREBY RE- 8:32 p.m.
    BY THE COMBINED 8:32 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:32 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Anim 8:32 p.m.
    Mr Speaker, we shall take item numbered 2, Motion on page 3 of the Order Paper Addendum 2.
    MOTIONS 8:32 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:32 p.m.
    Mr
    Mr Cassiel A. B. Forson 8:32 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 8:32 p.m.
    Yes, Hon Majority Leader?
    Mr Anim 8:32 p.m.
    Mr Speaker, we shall take item numbered 3, Motion, on page 3 of the Order Paper Addendum 2.
    MOTIONS 8:32 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah 8:32 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and the International Development Association for an amount of up to forty-two million, nine hundred thousand Special Drawing Rights (SDR42,900,000) [equivalent to US$600,000,000 million] for the imple- mentation of the First Africa Higher Education Centres of Excellence for Development Impact Project.
    Mr Speaker, in so doing, I present your Committee's Report.
    1.0 Introduction
    The request for approval of the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount equivalent to forty-two million, nine hundred thousand Special Drawing Rights (SDR42,900,000)(Equivalent to
    Chairman of the Committee (Dr Mark Assibey-Yeboah 8:32 p.m.
    5.0 Terms and Conditions of the Facility
    The credit is a standard con- cessionary IDA facility with the following terms and conditions:
    Loan Amount : SDR 42,900,00 (US$60.00 million equivalent)
    Interest Rate : 1.25 per cent per annum (on withdrawn credit balance)
    Repayment Period : 25 years
    Grace Period : 60 months (5 years)
    Service Charge : 0.75 per cent of 1 per cent p.a. on the withdrawn balance
    Grant Element : 3.23 per cent
    Exchange Rate Risk : to be borne by Government
    5.0 Observation
    Impact of the Project
    The Committee noted that, successful implementation, of the project would help improve quality of post-graduate education and research while at the same time bridge the gap that currently exist between academic research, industry and policy. The
    Committee was informed that ACE will benefit a number of students and research institutions through the provision of research grants and facilities to enhance post graduate education in Ghana and Sub Sahran Africa as a whole. It is expected that, the capacity of the selected centres will also be significantly enhanced through the provision of requisite teaching and learning facilities and

    experienced faculty. The Committee also noted that the implementation of the programme will enhance the quality and quantity of development impact of post graduate studies in Ghana.

    Training and Capacity Building

    The Committee noted that eight (8) research institutions have been selected in addition to one engineering college to benefit from the project. The Minister for Education explained that, each institution is expected to receive an average of US$5.4 million over the next five years to support research at the masters and PhD levels.

    The Committee observed that the project is a regional project focused on countries in West and Central Africa including Burkina Faso, Ghana, Guinea, Senegal, Nigeria, Cameroon and Djibouti in East Africa. Five (5) Public Universities in Ghana with a total of eight (8) Centres of Excellence were selected through a competitive process based on their proposals which detailed how they would provide quality training and applied research to help address specific national and regional development challenges.

    The Minister for Education informed the Committee that three (3)

    of the centres are currently implementing a similar project funded by the Bank. He is optimistic that, with the additional five (5) new centres and a further emerging engineering centre which will benefit from the credit, the quality of graduate research in Ghana will be greatly enhanced. The selected institutions are as follow:

    a. Regional Water and Environmental Sanitation Centre at the Kwame Nkrumah University of Science and Technology;

    b. Cell Biology of Infectious and non-communicable Diseases at University of Ghana;

    c. West Africa Centre for Crop Improvement, University of Ghana;

    d. Regional Centre for Energy and Environmental Sustain- ability, University of Energy and Natural Resources;

    c. Regional Transport Research and Education Centre, Kwame Nkrumah University of Science and Technology;

    f. West African Centre for Water, Irrigation and Sustain- able Agriculture, University for Development Studies;
    Mr Cassiel A. B. Forson (NDC -- Ajumako-Enyan-Essiam) 8:32 p.m.
    Mr Speaker, I beg to second the Motion.
    We looked at the terms and conditions and we could say that it is standard terms as lower middle income countries are given per the World Bank standards.
    Mr Speaker, on the terms and conditions, we think that they are satisfactory and meet the standards of the World Bank. We were told that there exists three centres of excellence and about eight new centres of excellence will be created.
    Mr Speaker, we observed that research is important in every economy but it is also important that research that are conducted are actually made available to policy makers so that they could infuse it into policy making. The country spends so much in ensuring that the PhD candidates are trained in the country to conduct research in various areas.
    Mr Speaker, their research should be made available to policy makers so that those research findings that come out of the research would be infused into policy.
    Mr Speaker, with these few words, I second the Motion.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 8:32 p.m.
    Hon Members, item numbered 4, Resolution.
    RESOLUTIONS 8:32 p.m.
    THIS HONOURABLE 8:32 p.m.
    HOUSE HEREBY RE- 8:32 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:32 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Anim 8:32 p.m.
    Mr Speaker, on page 4 of the Order Paper Addendum 2, we may take item numbered 5, Motion.
    MOTIONS 8:32 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:32 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which require

    that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Request for Waiver of Import Duties, Import VAT, Import NHIL/GETFund may be moved today.
    Mr Cassiel A.B. Forson 8:32 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 8:32 p.m.
    Hon Members, item numbered 6.
    MOTIONS 8:42 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:42 p.m.
    Mr Speaker, I beg to move that this Honourable House adopts the Report of the Finance Committee on the Request for Waiver of Import Duties, Import VAT, Import NHIL/GETFund Levy, EXIM Levy, Special Import Levy amounting to the Ghana cedi
    equivalent of twenty-four million, five hundred and ninety-four thousand, four hundred and seventy-three dollars and forty cents (US$24,594,473.40) for the purchase of equipment, materials and works for the Overall Upgrading & Modernisation of the Vocational Education System in Ghana by P.C. Education Africa Ventures (a Subsidiary of Planetcore Education Holding Limited of Malta) and SUMEC Complete Equipment Engineering Company Limited.
    Mr Speaker, I beg to present your Committee's Report.
    1.0 Introduction
    The request for waiver of Tax Liability amounting to the Ghana cedi equivalent of twenty four million, five hundred and ninety-four thousand, four hundred and seventy-three United States dollars and forty cents (US$24,594,473.40) for the purchase of equipment, materials and works for the Overall Upgradation and Modernisation of the Vocational Education System in Ghana by P.C. Education Africa Ventures and SUMEC Complete Equipment & Engineering Company Limited was laid in the House on Friday 2nd
    August, 2019.
    Pursuant to Order 169 of the Standing Orders of the House, the
    request was referred to the Finance Committee for consideration and report.
    The Committee met and considered the request with the Minister for Education, Hon Dr Matthew Opoku Prempeh, a Deputy Minister for Finance, Hon Abena Osei-Asare and a team of officials from the Ministries of Finance and Education and hereby presents this report to the House pursuant to Order 161(1) of the Standing Orders of the House.
    2.0 Background
    Given the poor state of the physical infrastructure and equipment of the existing Technical and Vocational Institutions and the compelling need to reverse the trend of disintegrating infrastructure, Government has demonstrated a strong commitment to improve upon the infrastructure and equipment as part of measures towards tackling youth un- employment.
    Programmes are now being designed in Technical and Vocational Institutions to ensure that the youth are better equipped with employable skills to match the requirements of industry in a lower middle income and nascent oil economy.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:42 p.m.


    v. Equipping the youth with entrepreneurship skills;

    vi.Adopting the cooperative approach to skills training for the youth to create their own jobs;

    vii.Retraining current workers who have skill gaps; and

    viii. Imbuing in master craftsmen the attitude for productivity and credibility.

    4.0 Total Waiver Requested

    The total amount of taxes and duties for which waiver is being sought for is the Ghana cedi equivalent of twenty four million, five hundred and ninety-four thousand, four hundred and seventy-three United States dollars forty cents (US$24,594,473.40) [equivalent to GH¢29,366,930.09 at the Bank of Ghana exchange rate of GH¢5.2616=US$1.00 as of 27th

    June, 2019].

    The total amount of waiver is divided into import and Local taxes as follows:

    SPACE FOR TABLE, PAGE 5, -- 8.42 P.M

    5.0 Observations and Recommen- dations

    5.1 Parliamentary Approval of the Project

    The Committee noted that Parliament at its Twenty-Eighth Sitting of the First Meeting held on Tuesday, 19th March 2019, approved by Resolution the Loan Facility Agreement amongst the Government of the Republic of Ghana and ING Bank (a branch of ING-DIBA AG Deutsche Bank AG) Hong Kong Branch [as Original Lenders, Arrangers and Coordinators) ING Bank N.V. (as Agent) and ING Bank N.V., Beijing Branch (as ECA Agent) for an amount of one hundred and twenty-three million, seven hundred and fifty-six thousand, seven hundred and seventy-four Euros and fifteen cents (€123,756,774.15) to finance the Overall Upgrading and Modernisation of the Vocational Education System in Ghana.

    On the same day, Parliament also approved by Resolution, the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and P.C. Education Africa Ventures (a subsidiary of Planetcore Education Holding Limited of Malta) and
    Mr Casseil A. B. Forson (NDC -- Ajumako-Enyan-Essiam) 8:42 p.m.
    Mr Speaker, I beg to second the Motion.
    As part of the Commercial Agreement, Government undertook to exempt the contractor from the payment of taxes and in so doing the Ministry of Finance or the Government is to ensure that taxes that would accrue to the contract would be exempted. Mr Speaker, with that, the Ministry of Finance actually presented an assessment through the Ghana Revenue Authority and we examined it. We noticed that an amount of GH¢129.3 million was the Ghana Cedi equivalent of what was actually requested.
    So, the Committee recommended that this Honourable House approves the tax waiver as has been requested by the Ministry of Finance.
    Mr Speaker, thank you.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 8:42 p.m.
    We would take Resolution numbered 7.
    Yes Hon Deputy Minister for Finance.
    RESOLUTIONS 8:42 p.m.
    BY THE COMBINED 8:42 p.m.
    Mr Anim 8:42 p.m.
    Mr Speaker, we could take item numbered 6 on the original Order Paper.
    Mr First Deputy Speaker 8:42 p.m.
    Hon Members, item numbered 6 - Motion.
    The Hon Second Deputy Speaker would take the Chair.
    MR SECOND DEPUTY SPEAKER
    Mr Second Deputy Speaker 8:48 p.m.
    Hon Members, we would probably adjourn sine die today so please, brevity is of essence.
    Hon Members, item numbered 6 -- Motion.
    MOTIONS 8:48 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:48 p.m.
    Mr Speaker, I beg to second the Motion. In so doing I beg to present your Committee's Report.
    1.0 Introduction
    The Supplementary Estimates for the 2019 Financial Year were laid in the House on Monday 29th July, 2019 and referred to the Finance Committee for consideration and report, pursuant to article 179(8) of the 1992 Constitution and Order 143 of the Standing Orders of the House. This followed the presentation of the Mid-Year Fiscal Policy Review of the 2019 Budget Statement and Economic Policy to Parliament pursuant to section 28 of the Public Financial Management Act, 2016 (Act 921).
    The Committee subsequently met and considered the Supplementary Estimates with Deputy Ministers for Finance, Hon Kwaku Kwarteng and Hon Abena Osei-Asare as well as a technical team from the Ministry of Finance.
    The Committee hereby presents this report to the House pursuant to
    Order 161 of the Standing Orders of the House.
    2.0 References
    The Committee referred to and was guided by the following documents in its deliberations on the Supplementary Estimates:
    The 1992 Constitution of the Republic of Ghana;
    The Public Financial Manage- ment Act, 2016 (Act 921);
    The Budget Statement and Economic Policy of Govern- ment for the 2019 Financial Year; and
    The Mid-Year Fiscal Policy Review of the 2019 Budget Statement and Economic Policy; and
    The Standing Orders of Parliament.
    3.0 Background
    In November 2018, the 2019 Budget Statement and Economic Policy of Government was presented to the House for approval in line with article 179 of the Constitution and
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:48 p.m.


    Order 140 of the Standing Orders of the House.

    The Budget reflected the strategic focus of building a stronger economy for jobs and prosperity.

    Since the 2019 Budget was approved by the House, many significant developments have arisen on the macro-economic front, especially with regard to the first quarter weak performance of the Ghana cedi against the US dollar, driven largely by external pressures.

    Also, some contingent liabilities crystalised into debts, requiring resources for servicing.

    The Supplementary Payments to be undertaken have given rise to the need for some adjustments in the Annual Estimates approved for the 2019 fiscal year.

    3 .1 2018 Macro-economic Performance

    The performance of the economy for the 2018 financial year is summarised in the table below:

    Total revenue and grants at the end of December 2018 amounted to GH¢47,637 million (equivalent to 15.8 per GDP) compared to the

    Revised Budget estimate of GH¢49,059 million (equivalent to 16.4 per cent GDP).

    Tax revenue for the period of January to December, 2018 amounted to GH¢37,784 million, equivalent to 12.6 per cent of GDP. This was lower than the revised budget of GH¢38,589 million by 2.1 per cent.

    Total expenditure for the 2018 financial year including arrears amounted to GH¢59,310 million (19.7 per cent of GDP) compared to the revised budget figure of GH¢60,030 million (equivalent to 20
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 8:48 p.m.


    SPACE FOR TABLE -- PAGE 14 -- 8.42 P.M

    SPACE FOR TABLE -- PAGES 15 &16 -- 8.42 P.M

    4.1 First Quarter Performance for

    2019

    Real GDP growth for the first quarter of 2019 was 6.7 per cent. This compares favourably with a 5.4 per cent growth achieved for the first quarter of 2018. Growth in the Non- Oil Sector was 6.0 per cent compared to 4.2 per cent in the corresponding period of 2018.

    The Industry Sector recorded a growth of 8.4 per cent in the first quarter of 2019 compared to 10.4 per cent during the same period in 2018. Growth in the Services Sector rebounded strongly to 7.2 per cent in the first quarter of 2019 compared to 1.4 per cent recorded during the same period in 2018, whilst the Agricultural Sector recorded the lowest growth of 2.2 per cent in the first quarter of 2019 compared to 4.7 per cent during the same period in 2018.

    4.2 Supplementary Provision For

    2019

    The total amount of the supplementary estimates is six billion, three hundred and seventy million, three hundred and fifty-five thousand,

    nine hundred and twenty-six Ghana cedis eighty-two pesewas (GH¢

    6,370,355,926)

    5.0 Observations and Recomendations

    5.1 Exchange Rate

    The Committee observed that after coming under pressure temporarily in February 2019, the volatility of the cedi has largely normalised towards the end of the first quarter of 2019, on account of improved supply of foreign exchange, partly from the recent Eurobond issue.

    The depreciation of the cedi was observed to have edged up again in May through June 2019, resulting in a cumulative depreciation of 8.4 per cent in the half-year to June 2019, compared to 2.4 per cent for the corresponding period in 2018.

    Against the British Pound and the euro, the Ghana cedi cumulatively depreciated by 7.6 per cent and 7.9 per cent respectively.

    5.2 2019 Budget Implementation Challenges

    The Committee noted that the implementation of the 2019 Budget

    for the first half of 2019 has been successful, albeit with some challenges, mostly structural.

    On the one hand, there has been less robust revenue mobilisation relative to programme targets (despite a 7.7 per cent per annum growth) and, on the other hand, a faster execution of expenditures.

    The shortfall in revenues is mainly accounted for by shortfalls in customs receipts and non-tax revenues, whilst the faster execution of expenditures is mainly due to unprogrammed expenses on border security to combat terrorism.

    These developments have pushed the financing requirements above the programmed levels for the period and has consequently widened the fiscal deficit for the period January to June 2019 from the programmed target of 2.9 per cent of GDP to a provisional outturn of 3.3 per cent of GDP.

    5.3 Measures to Achieve the Annual Revenue Targets

    The Committee noted that Government is vigorously pursuing some revenue measures including the

    sale of Electromagnetic Spectrum, Telco's Licenses Renewal, gains from the realisation of assets and mineral rights from extractive industry and strengthening compliance at the ports to ensure that the annual revenue target for 2019 is not compromised.

    5.4 Adjustment of Discretionary Spending

    On the expenditure front, Government intends to adjust some discretionary expenditures in the 2019 Budget that have a minimum impact on economic growth using a system of budget allotment. Ministries, Departments and Agencies (MDAs) are therefore required to observe their revised ceilings to ensure that the fiscal targets are not compromised.

    5.5 Factors Necessitating a Review of the Macro-economic Framework

    The Committee noted that among other things, the following developments have necessitated the revision of the 2019 macro-economic framework:

    Relatively weak performance of the Ghana cedi against the US dollar,
    Mr Cassiel A. B. Forson (NDC -- Ajumako/Enyan/Essiam) 8:52 p.m.
    Mr Speaker, I beg to second the Motion.
    Mr Speaker, in doing so, I would like to advert the House's attention to two things. As part of the Mid-Year Budget Review, Appendix XII, you noticed that inasmuch as Government is revising expenditures, the emphasis on capital expenditure, foreign finance capital expenditure has been cut by about GH¢1.2 billion. This means that those loans this Honourable House has been approving and we expect the Ministry of Finance to draw down for the purposes of building those infrastructures has been cut by approximately US$300 million, which is about GH¢1.214 billion.
    Mr Speaker, the domestically financed capital expenditure is going up slightly by about GH¢395 million. The net impact is that capital expenditure over all has been reduced in the Budget by GH¢819 million.
    Mr Speaker, my major concern also stems from the fact that in the first half of the year, the Ministry of Finance has projected to spend about GH¢4.4 billion on capital expenditure. Unfortunately, a paltry GH¢2 billion has been spent for the period from January to June, 2019. This means if

    care is not taken, the real sector of the economy may struggle. Inasmuch as the capital expenditure is going down, we are seeing expenditures on interest payment rising to about GH¢952.6 billion. This signals to all of us that we should be able to curtail the rate at which we are borrowing. This is clearly because the interest payment is rising. Mr Speaker, apart from that, the use of goods and services has been increased by GH¢605 million in the appropriations.

    Mr Speaker, entirely, if we are to look at the Mid-Year Budget as was reviewed by the Ministry of Finance, clearly, the only sector that is gaining some form of benefit is the domestically financed capital expenditure by about GH¢395 million. However, overall, as I said, capital expenditure has been reduced by a magnitude of about GH¢819 million.

    Mr Speaker, another item that I personally think that we have to review as a House is the treatment of the amortisation of GH¢5.1 billion extra which has been allocated in the Budget Statement. We were informed by the Ministry of Finance that the amortisation in question is as a result of the Energy Sector cost owed. IPPs. The classification of a contingent liability is where I have a problem. I do not think that some of

    these items constitute contingent liabilities and can never be treated as amortisation. Clearly, what we are seeing here constitute an expenditure. There is no way this can be qualified as amortisation or contingent liability.

    Mr Speaker, I believe it is something we should all peruse once again because if we are to look at the Appendix attached to the Mid-Year Budget Review, we are told that a payment was made to Stratcom BP Oil of US$59 million amounting to GH¢331.6 million. That cannot be contingent liability. Payment to BP Oil is not an IPP payment, and no one can tell me that is contingent liability. It is an expenditure, and it should be recognised as such.

    Mr Speaker, in another one, a transfer was made to a company called Geo Energy Company Limited. That is not an IPP, and that payment can never be classified as contingent liability. Indeed, it is an expenditure and should be classified as such. I think it is something that we should all be interested in to ensure that the Ministry of Finance actually report our fiscals using the international standards and how it should be reported. I think the Mid-Year Budget Review and the Supplementary Budget Estimate should be implemented. But we

    should be concerned about the accounting, I think something is definitely wrong.
    Mr Second Deputy Speaker 8:52 p.m.
    Leadership, are we taking one contribution each or two contributions from each Side?
    Mr Anthony Efah (NPP -- Asikuma/Odobeng/Brakwa) 9:02 a.m.
    Mr Speaker, I rise to support the Motion for approving a Supplementary Budget for the Government to execute its programmes for 2019.
    Mr Speaker, paragraph 5.5 of the Report tells the factors that necessitated the need for the additional funding. The essential thing is that the total collections that were projected have fallen short of the targeted amount, and it is necessary that some additional funding is looked for to ensure that the programme that the Government has set to roll out is completed.
    Mr Speaker, the record indicates that the revenue shortfall was about 15 per cent, and that is very significant for a country that is still trying to meet some of its development programmes. It is also on page 8 of the Report that some Energy Sector IPP payments which were not programmed for crystallised, and the figures that have been quoted so far, the expectation is
    that before the close of the year, about GH¢5.5 billion would be needed to satisfy this Energy Sector IPP payments.
    Mr Speaker, given that the revenue performance is behind target even though on an annual basis revenues are increasing by 30 per cent, it calls for some intervention to ensure that the programmes that the Government has set to do would be achieved.

    Mr Speaker, we also have heard all over the country that our roads are in very terrible conditions and wherever the President has moved to, there has been the request for roads to be serviced or maintained.

    Mr Speaker, raising additional revenue could spur the Government on to do some of these road infrastructure that we anticipate, particularly, for the cocoa roads and the Ministry that is responsible for roads.

    Mr Speaker, overall, the expected increase in revenue is going to increase the deficit to about 4.5 per cent, which is still within the fiscal target that has been set for us as a country.

    Mr Speaker, with these few words, I support the Motion so that the country finds money to undertake some of these programmes.

    Thank you, Mr Speaker.
    Mr James K. Avedzi (NDC -- Ketu North) 9:02 a.m.
    Mr Speaker, I rise to also contribute to the Motion for the approval of GH¢6.3 billion as a supplementary budget.
    Mr Speaker, paragraph 5.1.0, Adjustment in Total Appropriation, the Report says that there is the need for an increase in appropriation from GH¢78 billion to GH¢85 billion. But Mr Speaker, we do not know how this additional GH¢6.3 billion would be spent. Let me read:
    “As a result of the revision to the 2019 fiscal outlook, the 2019 appropriation of GH¢78.7 billion that was approved by the House in August, 2018 would not be adequate to cater for the additional programme needs, which would increase the total appropriation to GH¢85.1 billion -- an increase of GH¢6.3 billion.”
    What would they use the GH¢6.3 billion for? It is not here.
    Mr Speaker, I expect that we have the fiscal table which we have in the
    Mr Second Deputy Speaker 9:02 a.m.
    The House accordingly approves the sum of GH¢ 6,370,355,925.82.
    Mr Anim 9:02 a.m.
    Mr Speaker, we now go to the Order Paper Addendum 2, page 7. We may take item numbered 8, Motion.
    Dr Assibey-Yeboah 9:02 a.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of
    Standing Order 80(1) which require that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Supplier's Credit Agreement between the Government of the Republic of Ghana (represented by the Ministry of Defence) and Financiere DUC, Luxembourg for an amount of eleven million, forty thousand, four hundred and twenty- five United States dollars (US$11,040,425.00) for the Supply of Night Vision Binoculars, Monoculars, Accessories and Training of Personnel of the Ghana Armed Forces (GAF) may be moved today.
    Mr Forson 9:02 a.m.
    Mr Speaker, I second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    MOTIONS 9:02 a.m.
    Mr Cassiel A. B. Forson (NDC -- Ajumako-Enyan-Essiam) 9:12 p.m.
    Mr Speaker, I beg to second the Motion. In doing so, I wish to say that our responsibility was to look at the terms and conditions and to recommend for approval.
    Mr Speaker, the terms and conditions are that the loan amount
    for the Supplier's Credit is US$11 million. The interest rate is 1.5 per cent per annum, commitment fee of one per cent per annum and management fee of one per cent flat.
    Mr Speaker, we think the terms and conditions, as given to us are appropriate. My concern is the fact that we do not have enough time to peruse the document.

    Mr Speaker, I think as a House, we should have enough time to peruse the documents as and when they appear before us. I say this because inasmuch as we are only asked to look at the terms and conditions, it is only appropriate for us to also look at the use of proceeds to ensure that the taxpayer gets value for money.

    Mr Speaker, this behaviour where loan agreements are rushed through Parliament at the last minute is something that we should put a stop to as a country. Clearly, that practice would not provide Members of Parliament with enough time to look at the document.

    I think that even though the loan amount is US$11 million, the contract before us is US$22 million, and so it is something that we should be looking at.

    Mr Speaker, with these few words, I support the terms and conditions. My concern still remains that we should be given enough time as Members of Parliament to do due diligence with documents particularly finance agreements, as and when they appear before us.

    Thank you, Mr Speaker.

    Question proposed.
    Mr Anthony Effah (NPP -- Asikuma/Odoben/Brakwa) 9:12 p.m.
    Mr Speaker, thank you once again.
    This paper that came to the Committee was agreed upon by consensus. We did not have too many areas of disagreements.
    Mr Speaker, the structure of the payment is such that the Government of Ghana will have some breathing space. The arrangement is that 50 per cent of the total amount of US$22 million would be paid upfront, but this payment that would be made to the suppliers would be secured by an advanced payment guarantee from the supplier.
    What that means is that even though we are sending US$11 million upfront, we would be secured by advance payment guarantee. Our
    understanding is that the difference of 50 per cent would now be paid over a period of three years, beginning on the twelfth month after the first disbursement, the 24 months and 36 months, plus the interest.
    Mr Speaker, this arrangement seems to be very comfortable for Ghana. We also understand that the Ghana Armed Forces has made sufficient provision in the Mid-Year Review to accommodate these payments.
    Mr Speaker, I would like us all to support this Motion for the equipment to be supplied to the Ghana Armed Forces.
    Thank you very much, Mr Speaker.
    Mr Mahama Ayariga (NDC -- Bawku Central) 9:12 p.m.
    Mr Speaker, Ghana definitely is a major player when it comes to peacekeeping, peace enforcement et cetera in the sub-region and across the world, and so we need to equip our Military with the most modern facilities so that they can perform efficiently, not just in the international arena but also domestically as they support the Police in the discharge of their duty to maintain internal security.
    Mr Mahama Ayariga (NDC -- Bawku Central) 9:12 p.m.
    Mr Speaker, the Hon Ranking Member for Finance spoke and expressed concerns regarding the late presentation of these facilities, which make it difficult for due diligence to be performed.
    While sitting here and looking at the Motion and the Report of the Committee, I took it upon myself to just google and find out the prices of the items that have been mentioned in the Report, which are going to be purchased. You would find out that the prices that are being offered in this Report create quite some problems.
    We are told that we are going to purchase night vision goggles with helmet mounted accessories at US$6,850, and if you google night vision goggles with helmet mounted accessories, you would find some that are as low as US$1,000, and the highest you may find is around US$3,000. That is why this Report should indicate to us the exact specifications so that we know whether we are buying the one that is US$1,000 or the one that is US$3,000. That is very important, because these days all these accessories are on the internet.
    They are sold on the internet. You do not even need to go to a shop to

    Mr Speaker, I think that when we are purchasing these items, we should be specific. What are the specifications? What are the capacities, so that we can all go on the internet and find out the prices and see whether we are getting value for money?

    Mr Speaker, this evening we have approved the increment of a number of taxes. How can we tax Ghanaians and go and waste it the way that we are proposing to do?

    I think that the Committee should go back and do the work again, and come back and tell us the specifications of the various equipment that they are purchasing, so that we see whether the prices that we are purchasing them on the basis to give us value for money.

    I support equipping our Military and Armed Forces, but I also believe that we owe the taxpayer the responsibility to ensure that there is value for money when we are engaged in these purchases. We should not just say that because it is the Military, we would gloss over everything.

    I have looked at the different prices on the internet, and you can see clearly that these prices are far above the actual values of the items that we are going to purchase, and I challenge all of you. Go on the internet, you would see it. These are not equipment that are out of space. They are things that are on the internet. They are sold on ebay, and everybody can go and purchase them.

    So Mr Speaker, I think that the Committee should go and review its work and ask for the specifications, so we know whether we are buying one that is worth US$6850.

    Mr Speaker, in addition to the price of the item, we are paying for the transportation, the insurance and everything. So let us go and check the prices so that we would have value for money in terms of the purchases.

    Mr Speaker, on that note, I personally oppose this and request that we send it back to the Committee

    to do further work and come back to this House.

    Thank you very much Mr Speaker.
    Mr Seth Kwame Acheampong (NPP -- Mpraeso) 9:22 a.m.
    Thank you, Mr Speaker.
    My Hon Colleague, the Hon Member who just finished speaking unfortunately talked about the specifications of the binoculars and monoculars that we are going to buy.
    Mr Speaker, these are specialised for operations of the Ghana Armed Forces. The specifications would come out of the Commercial Agreement. We were just discussing the Suppliers Credit Agreement, and the specifications are clear in the Commercial Contract Agreement, which we are just about to lay the Report.

    So I would like to plead with my

    Hon Colleague not to jump the gun and to tell people that we are just buying -- what we may see on ebay, may not necessarily be the specifications for the Ghana Armed Forces, and it is never ever the specifications for the Ghana Armed Forces.
    Mr Seth Kwame Acheampong (NPP -- Mpraeso) 9:22 a.m.


    Strictly, military accoutrement is not sold on the open market. It is specialised, and it is specialised because it is made for specific operations and reasons at operation theatres.
    Minister for Defence (Mr Dominic Nitiwul) 9:22 a.m.
    Mr Speaker, ordinarily, I would just thank Hon Members, but not contribute. However, it is important to point out something. No armed force in this world would want to purchase equipment to defend their people would go to ebay or the internet.
    Mr Speaker, if one goes on the internet, one could get night vision googles for US$435. However, that is not what any armed forces would use. The Armed Forces of Ghana has a standard that they have held onto. Before the Ghana Armed Forces would purchase any equipment, the first thing they do is to go and inspect to see the type of equipment it is.
    Mr Speaker, apart from that, they make sure that they give out the specifications that they are looking for before they do their orders. So, the Ghana Armed Forces is not the type of Armed Forces that would go on the internet to buy equipment. They have their suppliers, and they have their own type of equipment that they look out for. The Armed Forces of
    Ghana would not buy anything less than the quality of the western type equipment.
    Therefore I would just want to assure Hon Members that the Ghana Armed Forces are the purchasers. They are the people who would do the purchasing. The officers as well as men and women of the Armed Forces are those who do the purchasing, while the Government does the payments. So we should trust the men and women of the Ghana Armed Forces to do the right thing.
    The Ministry of Defence is not like an ordinary Ministry, where the Hon Minister in charge himself may do his own purchases. It is not like that, but the officers, as well as the men and women of the Armed Forces, are the ones who go on the ground to do purchases. I would therefore want to plead with Hon Members to give the Ghana Armed Forces some bit of trust.
    Concerning the price of the equipment that costs US$6,000, I promised that it is one of the lowest prices we could find on the market for a very good night vision googles. There are some that are as high as US$15,000 on the market. We may not have the money to buy the type that the navy used to use, that cost as
    much as US$12,000 to US$15,000. However, if we have that money, we would buy them.
    rose
    Mr First Deputy Speaker 9:22 a.m.
    Hon Minister for Defence, your Hon Colleague is on his feet. He may have a point of order.
    Hon Member, you may speak.
    Mr Dafeamekpor 9:22 a.m.
    Mr Speaker, thank you for the opportunity.

    Mr Speaker, we have bilateral agreements with the East. It is therefore important that we are very careful in making statements such as this, or else, it may send the wrong signal. I would therefore urge the Hon Minister to withdraw that statement, and rather say that they would buy military equipment at competitive prices, irrespective of the source of manufacture. This would help protect our diplomatic relationship with the East in terms of trade.
    Mr First Deputy Speaker 9:22 a.m.
    Hon Member, your point is well made.
    Mr Nitiwul 9:22 a.m.
    Mr Speaker, I never said that we only buy western equipment. I said we buy standard equipment. In fact, we use the NATO standard. Even if one buys from the East, they may be informed that an equipment is NATO standard. That is the standard we are looking for. It is not about the West or the East. It is about the standard. The point I have made is that we should trust the men and women in uniform to do the right thing.
    Thank you, very much, Mr Speaker.
    Mr First Deputy Speaker 9:22 a.m.
    Hon Minister, it might have been a slip of tongue, but you actually did state the western type of equipment. What he quoted was what you said.
    Mr Ayariga 9:22 a.m.
    Mr Speaker, the impression the Hon Minister creates is that the argument made on the Floor of the House, I believe by myself, represents some mistrust of the Armed Forces of this country.
    Mr Speaker, the Ghana Armed Forces have not brought a document here for approval. The document that was brought here for approval was brought by the Hon Minister for Defence and his Ministry. I have
    Mr First Deputy Speaker 9:22 a.m.
    Hon Member, you have made your point.
    Hon Members, at the conclusion of the debate --
    Mr Avedzi 9:22 a.m.
    Mr Speaker, Leadership would be taken by the Hon Member
    -- 9:22 a.m.
    Mr First Deputy Speaker 9:22 a.m.
    I have not got any request from Leadership that they would want to be heard in this matter. If they want to be heard, then I would take only one from each Side of the House.
    Mr Avedzi 9:22 a.m.
    Mr Speaker, Hon Inusah would speak on our side of the House, I would want to make some correction in the Report.
    Mr Speaker, I would want to refer you to page 3 of the Report, under table one. On the first item, the amount quoted for transport seems wrong. I believe it should have been captured as US$26,500.00, but the way it is captured makes it look like it is rather US$26 million. I believe Hon Akoto has seen it? The figure should be corrected.
    Dr A. A. Osei 9:22 a.m.
    Mr Speaker, my good friend, the Hon Deputy Minority Leader made a reference to one Hon Akoto. I do not know any Hon Akoto in this House, but he pointed to me. I know it is getting late, so I forgive him.
    9. 32 p.m.
    Mr Second Deputy Speaker 9:22 a.m.
    Majority? -[Interruption]- Sorry, has he not spoken? Yes, Hon Member?
    Alhaji I.A. B. Fuseini (NDC -- Tamale Central) 9:22 a.m.
    Mr Speaker, we
    are being invited to approve a loan of US$11,040,425.00 for the purchase of Night Vision Binoculars, Monocular, Accessories and Training of personnel of the Ghana Armed Forces.
    Mr Speaker, it is important to state that we are interested in how this money would be spent; we are interested in the cost of the items; indeed, we are interested in the value that the Ghana Armed Forces would get from the purchase of these equipment; indeed, we are interested in how we would meet the reasonable and legitimate expectations of the people of this country that the moneys that we would approve would be applied for purposes that would secure the overall interest of the Republic of Ghana.
    And because of that interest, we are entitled to interrogate what the loan component of US$ 11,040,425.00 would do especially, because it is a loan and especially, because it is coming on the last day of our Sitting that we interrogate this so as not to put our country in a debt distress position for no cause.
    Mr Speaker, I have heard in this House that we should trust the
    Millitary. I was just wondering when we started to know that we should trust the Military. Mr Speaker, in 2011 in this House, we embarked on a mission to purchase Embraer 195 for the Millitary. On the Floor of this House, Members of Parliament googled embryo 195 and told us the price. At that time, were we buying it for the millitary in another country? We were buying it for the Ghana Armed Forces. Mr Speaker, indeed, nothing has changed. And what are we asking for? We are saying that to evaluate --
    And it is important to state that this loan and its application is not accompanied by any value for money report so we are entitled to satisfy ourselves that the loan, if used to purchase night vision equipment, would secure the overall value for the Republic of Ghana. And how do we do the assessment?
    We need to know the standards; what standards of night vision equipment is to be purchased; we need to know the specification because if we know we could also embark on searches to know whether those specifications would cost the amount of money that they have been said to cost; we need to know the model; we are being told that we need western standard equipment; of what model? Are we buying it from the Netherlands? Are
    Mr Second Deputy Speaker 9:22 a.m.
    Hon Member, please, wind up.
    Alhaji I.A.B. Fuseini 9:22 a.m.
    Mr Speaker, in winding up, we need to know more about how the resources would be applied and when we do act same, we expect that this Government; the Government of Nana Addo Dankwa Akufo-Addo and his Hon Minister for Defence would willingly make available to this House, the information that would be used to satisfy our people because we have reason to believe that in pursuing transparency and accountability, we have to probe.
    Thank you so very much.
    [Hear! Hear!]--
    Mr Second Deputy Speaker 9:22 a.m.
    Hon Majority Leader, would you want to be heard in this matter?
    Majority Leader and Minister for Parliamentary Affairs (Mr Osei Kyei-Mensah-Bonsu) 9:22 a.m.
    Mr Speaker, I agree with the sentiments expressed by some Hon Colleagues relating to the fact that as a House, we should preoccupy ourselves with transparency and accountability.
    Indeed, because Parliament should be positioned to provide effective oversight of the Executive including the Military if they submit proposals to us especially, in procurement, we should open our eyes. Mr Speaker, I agree that that should be done.
    In interrogating these proposals to us, we must assure ourselves and I agree with Hon Ayariga, that we have value for money.
    Mr Speaker, but first to respond to my Hon Colleague, Alhaji Inusah Fuseini when he says that we want to know the quantity. I think that finds expression on page 3 of the Report; a night vision goggle with helmet mounted accessories. The proposal is to buy a thousand five hundred (1,500). So that should settle that.
    Mr Speaker, the use of the facility or the equipment should determine how much it is going to be procured.
    Majority Leader and Minister for Parliamentary Affairs (Mr Osei Kyei-Mensah-Bonsu) 9:42 p.m.


    So we need these to protect our petroleum facilities. We also need them to protect our borders, transhumance and trans-border crimes.

    Mr Speaker, increasingly, these days, the neighbouring countries are coming under some form of threat from terrorists, so we should not wait until Ghana is targeted before we set our house in order. We need to be proactive -- it is one of the reasons why the Ghana Armed Forces engaged in this endeavour and let it not be said that this came from the Ministry of Defence alone. This involved not only the Ministry of Defence but the Ghana Armed Forces. Before we considered this Agreement, they came to justify this procurement issue.

    Mr Speaker, the Hon Member for Bawku Central was right when he quoted the price of some of the night vision goggles at even US$400, but to say that they would not be part of this wastage of tax payer's money is an unfortunate statement from him. This is because he knows that some of these night vision goggles with

    helmet mounted accessories are as high as US$9,800 -- he went on the internet, so he could check the price for the hot selling night vision goggle helmet mounted telescope -- it is between US$8,500 and US$9,200. So why did he just quote US$350 if it is not to achieve cheap populist agenda?
    rose
    Mr Second Deputy Speaker 9:42 p.m.
    Hon Member, do you rise on a point of order?
    Hon Majority Leader, please, hold on. I would want to listen to him.
    Mr Ayariga 9:42 p.m.
    Mr Speaker, I said an item was mentioned and like he has rightly done, contrary to what the Hon Minister for Defence said that we could not even find the price on the internet but the Hon Majority Leader has been able to find the price. [Laughter]
    Mr Speaker, yy argument was that the same item as mentioned -- one could find some on the internet as low as US$1,000 and some as low as US$400 and some as high as I have seen of US$3,000 -- [Interruption] -- that was what I said and he has found some as high as US$9,000. My argument was that because they have
    Mr Kyei-Mensah-Bonsu 9:42 p.m.
    Mr Speaker, my Hon Colleague has tried to justify what he said. He made a categorical statement that they would not be part of this wastage of tax payer's money. That was what he said - so he should not try to use a circuitous way to justify what he said.
    However, he quoted what we did in the purchase of the Embraer 194 plane. Yes, I went on the internet and saw that the price was US$23 million and we wrote to the manufacturers and we went to acquire it. In this case, it turned out that it was not even a new plane but a refurbished one. When we demanded the price, they said they had given us the quotation and the Military had specifically asked for a reconfiguration. So as to how much was involved and what was involved, they would not tell us because it was done by the military. That was how come they were able to justify the purchase of a new plane which was for US$23 million and that
    was why they told us that it was for US$60 million which was more than the price to purchase three Embraer 194 airplanes. He said that they spent it in purchasing just one -- an old one which was refurbished. Let us not go there at all.
    Mr Speaker, the important thing is that it is justifiable. Let us get the Military, if we want to interrogate further to what use they want to put it, because they did the inspection themselves and if they are satisfied, who are we to say that it is poor equipment - they would have to respond to it when the day of reckoning comes. This is because the military led the inspection.
    Let us not fault them but if there are still issues - because the Military itself as an institution is not beyond investigation by Parliament but that is not to say that anybody could stand here, when he or she is not enamoured with the truth to say that they would not be involved in this wastage that is unfortunate.
    Mr Speaker, having said so, I believe we have all agreed that what has been done is good for the military and our country, given the circumstances that we find ourselves these days. Increasingly, we should recognise that Ghana is coming under
    some threat and we need to act proactively to assure our citizens that the Ghana Armed Forces in this nation could offer adequate security and we could live in peace and security in this country.
    Mr Speaker, I thank you very much.
    Question put and Motion agreed to.
    Mr Second Deputy Speaker 9:42 p.m.
    Hon Members, item numbered 10 -- Resolution.
    RESOLUTIONS 9:52 p.m.
    THIS HONOURABLE 9:52 p.m.
    HOUSE HEREBY 9:52 p.m.
    RESOLVES AS 9:52 p.m.
    Minister for Monitoring and Evaluation (Dr Anthony Akoto Osei) 9:52 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Second Deputy Speaker 9:52 p.m.
    Hon Members, item numbered 12, Hon Chairman of the Committee?
    MOTION 9:52 p.m.
    Mr Seth Kwame Acheampong 9:52 p.m.
    Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Defence and Interior on the Commercial Agreement between the Government of the Republic of Ghana (represented by the Ministry of Defence) and Financiere DUC, Luxembourg for an amount of eleven million, and forty thousand, four hundred and twenty- five United States dollars (US$11,040,425.00) for the Supply of Night Vision Binoculars, Monoculars, Accessories and Training of Personnel of the Ghana Armed Forces (GAF).
    Mr Speaker, in so doing, I present your Committee's Report.
    1.0 Introduction
    On Friday, 2nd August, 2019, the Hon Minister responsible for Defence, Mr Dominic Bingab Aduna Nitiwul presented to Parliament the
    Commercial Agreement for the supply of night vision binoculars and monoculars for the Ghana Armed Forces between the Ministry of Defence of the Republic of Ghana and Financiere DUC, Luxembourg, in the amount of twenty-two million, eighty thousand, eight hundred and fifty United States dollars (US$22,080,850.00) for the Ghana Armed Forces.
    Pursuant to article 103 of the 1992 Constitution and Order 158 of the Standing Orders of the House, the Agreement was referred to the Committee on Defence and Interior for consideration and report.
    2.0 Deliberation
    The Committee on Defence and Interior hereinafter referred to as “the “Committee” subsequently met and deliberated on the Agreement with the Minister for Defence, Hon Dominic Bingab Aduna Nitiwul, Hon Deputy Minister for Defence, Major Derek Oduro (Rtd) as well as officials from the Ministry of Defence and the Ghana Armed Forces.
    The Committee is grateful to the Hon Minister for Defence, his Deputy and the officials for attending upon the Committee.
    rose
    Mr Second Deputy Speaker 9:52 p.m.
    Hon Members, you have already
    Mr Iddrisu 9:52 p.m.
    Mr Speaker, one each in addition to Leadership but I will yield to the Hon Inusah where necessary. So, you could just take one in addition to Hon Inusah.
    Mr Second Deputy Speaker 10:02 p.m.
    From your side? Well, then I would give Hon Mahama Ayariga the opportunity then I would take one more from the Leadership.
    Mr Anim 10:02 p.m.
    Mr Speaker, I thought that what you said in accordance to the debate that hitherto had taken place, should have sufficed the matter. In cases where other Hon Members would be here since morning, but other Members just came in -- because I know that Hon Ayariga came just about 15 minutes ago.
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Leader, please let us move on.
    Hon Ayariga, you have five minutes.
    Mr Mahama Ayariga (NDC - Bawku) 10:02 p.m.
    Mr Speaker, I would not even take five minutes.
    Mr Second Deputy Speaker 10:02 p.m.
    I hope and pray that you do not take five minutes.
    Mr Mahama Ayariga (NDC - Bawku) 10:02 p.m.
    Mr Speaker, just take note.
    Mr Speaker, when we were debating the terms, I was told that I should reserve my comments because those comments would properly be suitable for debate during the consideration of the Commercial Agreement. Now that the Commercial Agreement has been brought, I am being told that I made my points when we were debating the terms of the loan -
    Mr Second Deputy Speaker 10:02 p.m.
    Who told you at the time we were debating that you should reserve your points for this time?
    Mr Ayariga 10:02 p.m.
    Mr Speaker, those were some of the comments that came from the other Side. They are making the same comments now.
    Mr Second Deputy Speaker 10:02 p.m.
    Well, what is happening now is that
    they are simply heckling you. What they are doing is not captured by the Official Report so when you said so it was as if the Speaker directed you to reserve your comments for this Motion.
    Mr Ayariga 10:02 p.m.
    Mr Speaker, the point I want to make now is that when we are presenting the report on the terms, we should be restricted to the terms and when the report is on commercial agreement then enough information should be provided for us to be able to debate the Commercial Agreement. However, in this case, what happened was that information that is necessary for the commercial agreement was rather presented when the Report was being presented on the terms and that was the basis for the debate that took place. There is nothing commercial about the Report on the Commercial Agreement. There is nothing in the Report to debate and so we cannot debate it.
    Mr Speaker, so, I want to urge the Committee to make sure that when they are presenting a commercial agreement report next time, they should provide information for us to be able to debate the commercial terms.
    Mr Speaker, thank you very much.
    Alhaji I.A.B. Fuseini (NDC- Tamale) 10:02 p.m.
    Mr Speaker, we are being invited now to approve the Commercial Agreement. Ordinarily, we have made comments on this matter, but commercial agreements that we are entitled to evaluate are agreements that are in the nature of bills of quantities. So all the issues that we mentioned earlier, should be contained in the Commercial Agreement; the specifications, standards and models.
    Mr Speaker, what we are approving now is not different from the loan agreement; there is nothing to show that we are doing anything commercial here. All commercial agreements that have been approved in this House show the specifications.
    Mr Speaker, in fact, we are even told that 1,000 of our personnel would be trained, but we are not even told the cost of the training. So how could this be a commercial agreement? This is an attempt to get the loan agreement and the purchase agreement passed in a day without doing due diligence on this matter.
    Mr Speaker, thank you very much.
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Members, the Hon Chairman would wind up.
    Mr Seth K. Acheampong 10:02 p.m.
    Mr Speaker, I seek your leave to make a correction on the last paragraph of the Report. The Commercial Agreement is seeking to approve the sum of US$11,040,425 and not US$22,080,850. So, this correction must be made on the amount.
    Mr Speaker, the reason is that we had a joint Committee and that was when we realised all these things.
    Mr Second Deputy Speaker 10:02 p.m.
    So, we would simply adopt the Report together with the Commercial Agreement. We have already approved the loan agreement in the first Motion.
    Hon Members, I would put the Question.
    Question put and Motion agreed to.
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Members, we would now take Motion 13 -- Resolution.
    Hon Minister for Defence?
    RESOLUTION 10:02 p.m.
    Minister for Defence (Mr Dominic B. A. Nitiwul) 10:02 p.m.
    Mr Speaker, I beg to move
    WHEREAS by the provisions of article 181(5) of the Constitution the terms and conditions of any international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
    PURSUANT to the provisions of the said article 181(5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Defence, there has been laid before Parliament the terms and conditions of a Commercial Agreement

    between the Government of the Republic of Ghana (represented by the Ministry of Defence) and Financiere DUC, Luxembourg for an amount of eleven million, forty thousand, four hundred and twenty-five United States dollars (US$11,040,425.00) for the Supply of Night Vision Binoculars, Monoculars, Accessories and Training of Personnel of the Ghana Armed Forces (GAF).
    THIS HONOURABLE 10:02 p.m.
    HOUSE HEREBY 10:02 p.m.
    Chairman of the Committee (Mr Seth K. Acheampong) 10:02 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr James K. Avedzi 10:02 p.m.
    Mr Speaker, if we are approving the Commerical Agreement then the amount should be US$22,080,850 and not US$11,040,425 because the loan portion is the US$11,040,425. We have done that. So the Commercial Agreement should read US$22,080,850. Let us take note of that.
    Mr Second Deputy Speaker 10:12 p.m.
    Hon Deputy Minority Leader, I have drawn the attention of the Table Office to it already. I did that before putting the Question.
    Majority bench?
    Mr Anim 10:12 p.m.
    Mr Speaker, we are left with one item. That is the Constitutional (Amendment) Bill, 2019, then maybe Leadership would give their Closing Remarks.
    Mr Second Deputy Speaker 10:12 p.m.
    Hon Minority Leader?
    Mr Iddrisu 10:12 p.m.
    Mr Speaker, I believe that there is some consultation going on on the Constitutional (Amendment) Bill issue relating to article 243. At this point, I would not say that I am satisfied that the consultations are exhaustive and therefore conclusive. Three principles have been identified.
    The first is that we all support the elective principle; secondly it is the universal adult suffrage and not Electoral College and thirdly, if it be done on partisan basis and political parties can sponsor candidates.
    Mr Speaker, this is the understanding that I have, but I need commitment from Government. When I say commitment from Government, those whose responsibility it is to convey to this House to trigger the appropriate amendments to article 243(1), including (3) in particular and (24), article 248. It would be appropriate that we hear from them that there is commitment from Government.
    In the debate, we gave what we could rightly call a conditional support, but I would think that with the learned Hon Attorney-General and Minister for Justice who has so sacrificed to be here, supported by the Hon Minister for Local Government and Rural Development, we are almost there.
    I would say we should still tarry and put the ends to it. Nobody is against electing Metropolitan, Municipal and District Chief Executives (MMDCEs) and nobody would fight Government or President Nana Addo Dankwa Akufo-Addo to do that. However, we want a commitment that it would be done on purely partisan basis.
    The other time, I referred to an article by Prof. Oquaye. Prof. Kwamena Ahwoi has brilliant articles to guide his position on this matter.
    So probably, if we hear from them and we think that there are firm assurances that the President can commit in writing to the Rt Hon Speaker appropriately to the Council of State as required of him under article 291, then we can.
    Mr Speaker, other than that we can give our Closing Remarks for the Rt Hon Speaker to adjourn the House sine die.
    Mr Second Deputy Speaker 10:12 p.m.
    Hon Members, I am aware that there are some consultations going on between the Leaders, including the Rt Hon Speaker. I think we have gone far with that. The understanding I got from the consultation was to create space for the sponsors of the Bill to make some statements on the Floor. Therefore looking at the Hon Attorney-General and Minister for Justice, the Hon Minister for Local Government and Rural Development and our own Leader, the Hon Majority Leader, I would create this space to hear from these personalities then we advise ourselves as to the way forward.
    Hajia Alima Mahama -- rose --
    Mr Second Deputy Speaker 10:12 p.m.
    Yes, I see the Hon Minister for Local Government and Rural Development
    Mr Second Deputy Speaker 10:22 p.m.
    May we now listen to the Attorney- General and Minister for Justice?
    Attorney-General and Minister for Justice (Ms Gloria A. Akuffo): Mr Speaker, I do confirm that there have been extensive consultations on the matter. I appreciate the apprehensions and reservations of the Minority.
    Mr Speaker, there have been concerns that perhaps the cart is being put before the horse. I think it raises an issue of strategy. I wish to reiterate what Hon Alima Mahama said. I take this House seriously. I have always treated the business of this House seriously. When I come to this House to do business with the House, I intend to be held to whatever I say here and on that basis, I wish to assure the entire House that we are completely committed to doing what is right and what is in the interest of this country.
    Mr Speaker, perhaps, I must state that if indeed, there is a cart before a horse, I believe that for purposes of having a successful referendum, this cart would take the horse where it should go to. I say so because if we are able to make this amendment, I think that we can hold each other's hands and make sure that we carry the whole country along with us. It would show commitment and our seriousness to the exercise.
    I therefore urge the entire House, in particular, the Minority. I do not want to state that I appreciate the significance of they coming along and that without them the Bill cannot be passed. I hope that it would not be said that the Minority has not come along. They have shown a lot of support and they have demonstrated that they have a commitment. I think we can still achieve the object of this amendment.
    Thank you, Mr Speaker.
    Mr Second Deputy Speaker 10:22 p.m.
    Hon Members, let us listen to the Hon Majority Leader on this matter.
    Mr Osei Kyei-Mensah-Bonsu 10:22 p.m.
    Mr Speaker, I believe the matter relating to the amendment of the Constitution at various places, in particular, article 243(1), we have debated this matter in extenso. It is a
    matter that is dear to the New Patriotic Party(NPP) and I believe that the National Democratic Congress (NDC) also captured same in their manifesto that they would want to have article 243(1) amended if they assume the reigns of Government.
    Mr Speaker, so that is what we are doing. The two dominant parties are committed to doing just that. Then we have article 243(3) (a), which we need again to agree on and we know that if we do amend 243(1) and do not apply ourselves to 243(a) and (b), the exercise would not be complete. We all know that.
    Mr Speaker, now, article 55 is also being amended via a referendum. The outcome is not in our hands but we believe that if the two parties join ranks and sufficiently inform and educate our citizenry, they would have a buy in into that. When they have done that, what again must be done is to look at article 248.
    Article 248 amendment certainly depends on the amendment of article 55. That then would liberate article 248 (2). It is only article 248 that is sequel to article 55. The others, in order of sequence, what we are doing is not wrong.
    Mr Speaker, we have argued about this and we have debated this
    Mr Osei Kyei-Mensah-Bonsu 10:22 p.m.
    in the Chamber and I believe that we can be together in this.
    Today, when we met, we made some progress and I honestly thought that we were going to be able to put the question on this. But we got somewhere and then we were told that some assurances were still required, which assurances have been given by the Attorney-General and Minister for Justice. The Hon Minister for Local Government and Rural Development has also given us that assurance. At a point, it was said that if we could extract a letter from the President to the Attorney-General, indicating that the President was committed to the processes of amendment we could take the vote today.
    Mr Speaker, let us be very formal. I do not know of any regime where a President would write directly to the Attorney-General that she should initiate a process to effect amendment. I do not know of any such practice or convention in Ghana. There is no such but if we believe ourselves and trust ourselves, I believe we can work on this together.
    Mr Speaker, a President's commitment could find expression in the Cabinet memo. The minutes — I do know that the matter has been carried by the President but is it the

    case that anybody is saying that we should bring Cabinet minutes to this House? What of Cabinet's secrets? So I believe that we should be careful about how we are pushing this. If we are both committed to doing what is right for this country, I believe we can easily join ranks and do what is right.

    Mr Speaker, so I think at this stage, we can conclude that we agree on the principle. [Interruption] -- If you do not agree to the principle, Hon Ayariga, say so to the rest of the country.
    Mr Second Deputy Speaker 10:22 p.m.
    Hon Majority Leader, please address the Chair.
    Mr Kyei-Mensah-Bonsu 10:22 p.m.
    Mr Speaker, he kept saying that -- [Interruption] --
    Mr Second Deputy Speaker 10:22 p.m.
    Hon Majority Leader, please, do not be distracted.
    Mr Kyei-Mensah-Bonsu 10:22 p.m.
    Mr Speaker, I am saying to us that if we agree around the principle, let us execute it and nobody is going to backtrack. All the assurances that we need have been forthcoming from myself, the Attorney-General and the Minister for Local Government and Rural Development. I am not too sure that we can go beyond that. I want to
    believe that when we come back, if we are not able to take the vote today, we should be able to take the vote. If we do not want to take the vote, let the people of this country know that we do not want to take the vote and the party that is ready would show that we are ready.
    Thank you very much, Mr Speaker.
    Mr Second Deputy Speaker 10:32 p.m.
    Hon Members, we have a very important national programme. I think we all agree that there is a need for us to revise the local government governance, particularly, the legal framework.

    We have a role to play as Hon Members of Parliament, but it is not all left in our hands. We have to be able to carry the whole country because of the entrenched clauses of the Constitution in article 55.

    And so it is good that the consultation is going on, and I think it has gone far. I would continue to urge and encourage Leadership to go on with the consultation. We need to get many more of our constituents to go with us so that when we organise the referendum, we would be able to meet the percentages.

    So at this stage, we are giving strong signals of our commitment to the agenda. We thought we had gone far beyond that. Unfortunately, there are still some clogs, and I do not have the mandate to put the question on this matter.

    So we would not be taking a decision in respect of this matter today. We would have to leave it, and if necessary, you would be called to come back, that is if necessary. If not, then in the next Meeting, we will take up this item. By then we will not be prepared to accept any doubting Thomases. We are clear on this matter.

    So we are left with the last item, which my Hon Colleague the First Deputy Speaker would take over as my senior in this matter to end the day.

    The Hon First Deputy Speaker would take the Chair.
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 10:34 p.m.
    Hon Members, I am advised that we have only one matter outstanding, the Closing Ceremony. May I invite the Hon Minority Leader to make his Closing Speech?
    Minority Leader (Mr Haruna Iddrisu) 10:34 p.m.
    Mr Speaker, I should thank you for the opportunity to make some closing remarks customary to the practice of this House, at the end of the Second Meeting of the Third Session of the Seventh Parliament of the Fourth Republic, and to thank you in particular for your leadership and guidance.
    I have repeatedly said that one unique feature of the Rt Hon Speaker is that when the Majority Leader and the Minority Leader are able to build consensus and ad idem on any important national matter, he has no difficulty accelerating to conclude and put the question on that matter.
    Mr Speaker, we are closing at a time that I am compelled to make a comment on the need for the Hon Minister for the Interior and in particular the Acting Inspector- General of Police, and all men and women who care about the security of our country to elevate and buckle up to deal with growing insecurity.
    In my own backyard in Tamale, a police woman has been so murdered, and two persons have been attacked at gun points and their pick up vehicles seized from them. I do not know what the state may be for many other parts
    of the country relative to crime, but the security of our country remain of paramount importance.

    Mr Speaker, the Clerk to Parliament with your guidance and support has also bequeathed to this Parliament a revised Parliamentary Service Regulation, of a Constitutional Instrument (CI) which has also seen an improvement in many enterprises of the Parliamentary Service. Many of the issues about outstanding promotions are being

    dealt with by your committee and your good self, and you have demonstrated interest in those matters.

    Mr Speaker, a few days ago we had the pride and honour to host in this House Nancy Pelosi, as rightly described, the most powerful woman in America. We recognised, and as she rightly said, that we need to support our women to do more, and we should prioritise and support them.

    Mr Speaker, as Africans, we have suffered three traumatic events in a row; slavery, colonialism and continuing global racism. We are not out of the woods yet. As the President has rightly noted, even without resources and commitment to it, I share the journey of a Ghana Beyond Aid, and that Ghana Beyond Aid, subject to the President providing timelines and adequate resources, is a journey worth supporting, and we

    ask for increased investment from those countries.

    Mr Speaker, this House passed the important Vigilantism Bill into an Act, albeit with some problems. I have seen my Colleague the Hon Majority Leader, and even though he has had long service to this Parliament and to the Standing Orders, on this matter I disagree with him.

    On two occasions he has had to compel us to go through a second Consideration Stage of Bills for a second time. The Constitution is very clear on our mandate that we subject Bills through four processes; First Reading, Second Reading, Consideration (silent on it), and then Third Reading.

    When we announce to the Public, the Vigilantism law was passed, and the next day Parliament is still engaged in an exercise on the same Vigilantism Bill, I do not think that we are serving the public interest right. Particularly with his experience, when he comes amending Explanatory Memoranda, article 106 does not recognise the Explanatory Memorandum as part of a bill, and we need to take a position that once Parliament gives its approval of Third Reading, we can only be guided by presidential assent.

    Where the President disagrees, he may want to walk the Bill back for us to consider as a people.
    Minority Leader (Mr Haruna Iddrisu) 10:42 a.m.
    Mr Speaker, what is it when we pass this law without the political will and courage to punish persons who perpetrate many of these unlawful things defined in our criminal code? I accept the principle that the gravest threat to our democracy is vigilantism, therefore we support the President in dealing with it.
    The report on Ayawaso West Wuogon is still not known.

    The Constitution, under the Commission of Enquiry, gives the President one of two options; to either publish the report, or to give reasons why he would not publish the report. We demand that the President respects the tenets of the Constitution, by either publishing the report with a white paper, or giving the Ghanaian people the reasons he would not be able to do it, particularly, as it informs the Vigilantism Bill.

    Mr Speaker, just for the numbers and for the record, I would refer you to page 62 of the Mid-Year Review Budget Statement. When the Hon Minister for Finance appeared before this House, he asked for the approval for GH¢9,620 billion, and it was approved for them.

    When the Hon Minister went out to the market, he went beyond his

    mandate and went in for GH¢13,646 billion. Where did he get the authorisation for that additional GH¢ 4 billion? That is not acceptable to the Public Financial Management Act, nor the provisions of the Constitution.

    Since he himself uses the term “high debt distress”, we would need to help him. Whether it has to do with domestic borrowing to deal with the banking crises or external borrowing to deal with infrastructural deficit, we would need to make sure that we do not return to the International Monetary Fund (IMF), as our current President and the former President, John Mahama said. We need to be cautiously disciplined.

    I have said that the Fiscal Responsibility Council, created by the President with eminent people like Paul Acquah, is a good thing to do to consolidate the exit of the IMF.

    However, the President and the law makers should know that the Fiscal Responsibility Act did not make any provision for a Council and therefore their decisions would only be persuasive and moral. It needs to be binding, so we have to either come back for a review of the law, or dissolve it appropriately because when it has no binding effect, it would have nothing to do.

    Mr Speaker, we have just been visited with what Government sources

    quote as an embarrassing scandal of fraud, associated with the Concessional Agreement of the Millennium Development Authority (MiDA) under the United States of America (US) compact. We demand a full-scale open investigation into the matter, even if it requires a judiciary inquiry beyond Parliament. We ourselves played a role in this matter.

    Mr Speaker, heads must roll. Those who misled Parliament with any document that turned out to be fraudulent would have questions to answer, and we would need to establish it.

    Mr Speaker, on the issue of the energy sector levies, I have been reminded by my Hon Colleague, and he says that I should quote him well. This Government promised the people of Ghana a transition from taxation to production, but we are now into taxation to taxation. The taxes that they hitherto said were not good enough are those that they are now adjusting upwards. So, we still have an over-promising and under- delivering National Patriotic Party (NPP) Government of a record.

    Mr Speaker, there are outstanding arrears for nurses, and there are outstanding arrears for the Nation Builders Corps (NABCO). This

    Government promised these young people that they would do better, so they should do better and clear those arrears, which were promised them.

    Mr Speaker, I conclude by recognising one of our own from the Minority, the Hon Kpodo, joined by the Hon Richard Quashigah. At least if for nothing, on the bases of their conviction, they went to the Supreme Court, and we now have “total revenue”, defined by the Hon Kpodo.

    The Supreme Court Judge in his ruling on the case of Benjamin Komla Kpodo and Richard Quashigah vs. the Attorney- General says, and I quote:

    “To the extent that section 1and 2, 2b, 3(1)(b), 3(5a), 7(a), and 8 of the Earmarked Funds Capping and Realignment Act of 2017, (Act 947) and section 126 of the Local Governance Act, 2016, (Act 916), purport to limit the proportion of revenue due for allocation to the District Assembly's Common Fund, as established by article 25(2) of the Constitution, the same are in contravention of the Constitution, and I hereby declare it null and void.”

    Mr Speaker, if for nothing, the Common Fund is the beneficiary, and MPs have a better allocation. The Hon
    Mr First Deputy Speaker 10:42 a.m.
    Yes, Hon Majority Leader?
    10. 52 p.m.
    Majority Leader (Mr Kyei- Mensah-Bonsu) 10:42 a.m.
    Mr Speaker, Closing Remarks are remarks on matters that happen in the meeting, not a political party platform campaign message. I shall resist the temptation to follow the Minority Leader and deal with him pound for pound.
    I am grateful for the opportunity granted me to make some few remarks as we wrap up our Sittings for this Meeting.
    Mr Speaker, the Second Meeting of the Third Session of the Seventh Parliament commenced on Tuesday, 28th May, 2019. Today, 2nd August, 2019 marks the end of a ten-week period of Sittings of the House. Our profound gratitude goes to the Almighty God for His love, guidance, mercies, protection and the strength granted us to discharge our constitutional mandate.
    Mr Speaker, in total, the House held forty-two (42) Sittings during which it performed its representational, deliberative power-of-the-purse legislative oversight and power of ratification of Agreements, Conventions and Protocols among others. The House also received petitions from our citizens. Generally, we have had fruitful deliberations. Permit me, Mr Speaker, to give a summary of the businesses transacted by the House during this Meeting.
    Mr Speaker, fourteen (14) Bills were presented to the House and referred to the appropriate Committees for consideration and report.
    They are as follows:
    Majority Leader (Mr Kyei- Mensah-Bonsu) 10:42 a.m.
    i.Office of the Special Prosecutor (Amendment) Bill, 2019;
    ii. Constitution (Amendment) Bill, 2018;
    iii. Chartered Institute of Marketing Bill, 2019;
    iv. Ghana National Research Fund Bill, 2019;
    v. Ghana Communication Technology University Bill,
    2019;
    vi. Tree Crop Development Bill,
    2019;
    vii.Ghana Meteorological Agency (Amendment) Bill,
    2019;
    viii. Complementary Education Agency Bill, 2019;
    ix. Minerals and Mining (Amendment) Bill, 2019;
    ix. Communications Service Tax (Amendment) Bill, 2019;
    x. Earmarked Funds Capping and Realignment (Amendment) Bill, 2019;

    xi. Energy Sector Levies (Amendment) Bill, 2019;

    xii.Luxury Vehicle Levy (Repeal) Bill, 2019; and

    xiii. Land Bill, 2019.

    Mr Speaker, the House debated, amended and passed twelve (12) Bills in this Meeting. They are:

    a. State Interests and Gover- nance Authority Bill, 2019;

    b. National Road Safety Authority Bill, 2019;

    c. Vigilantism and Related Offences Bill, 2019;

    d. C. K. Tedam University of Technology and Applied Sciences Bill, 2018;

    e. Statistics Bill, 2019;

    f. S. D. (Simon Diedong) Dombo University of Business and Integrated Development Studies Bill,

    2018;

    g. Communications Service Tax (Amendment) Bill, 2019;

    h. Earmarked Funds Capping and Realignment (Amendment) Bill, 2019;

    i. Energy Sector Levies (Amendment) Bill, 2019;

    j. Luxury Vehicle Levy (Repeal) Bill, 2019;

    k. Ghana Meteorological Agency (Amendment) Bill, 2019; and

    1. Minerals and Mining (Amendment) Bill, 2019.

    In the area of legislation, no Parliament in the Fourth Republic has passed as many laws as the 7th

    Parliament. I must once again express my deepest gratitude to the Members of the Winnowing Committee for their enormous contributions in facilitating the speedy passage of Bills. I am optimistic that the Bills that have been passed would stand the test of time and go a long way to strengthen our governance structures.

    Mr Speaker, the House adopted a number of Committee Reports during the Meeting. Notable among them are Reports on Financing Agreements, Loan Facility Agreements, Credit Facility Agreements, the Auditor- General's Reports, among others.
    CLOSING REMARKS BY 11:12 p.m.
    MR SPEAKER 11:12 p.m.
    Mr Speaker) 11:12 p.m.
    Honourable Members, the House rises today after ten (10) weeks of executing financial
    ADJOURNMENT 11:12 p.m.