Debates of 2 Dec 2019

MR FIRST DEPUTY SPEAKER
PRAYERS 2:14 p.m.
ABSENCE OF MR SPEAKER 2:14 p.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 2:14 p.m.
Mr First Deputy Speaker 2:14 p.m.
Hon Members, Correction of Votes and Proceedings and the Official Report. We have the Votes and Proceedings of Friday, 29th November, 2019.
Mr First Deputy Speaker 2:14 p.m.
We have the Official Report of Tuesday, 12 th November, 2019. Any corrections?
Mr Samuel O. Ablakwa 2:14 p.m.
Mr Speaker, on column 1508, the first paragraph, “legislations” should be changed to “legislatures”.
Mr First Deputy Speaker 2:14 p.m.
Any further corrections? [Pause] In the absence of any further corrections, the Official Report of Tuesday, 12th November, 2019 is hereby adopted as the true record of proceedings.
Hon Members, I am advised that yesterday was World AIDS Day, so I have admitted two Statements in its commemoration. The first is to be read by the Hon Member for Ledzokuku, Hon Boye.
STATEMENTS 2:14 p.m.
Dr Bernard Okoe Boye (NPP -- Ledzokuku) 2:14 p.m.
Mr Speaker, I thank you for this opportunity to bring the attention of this august House to the commemoration of this year's World AIDS Day. The day was
observed yesterday, the 1st of December, 2019 at a national event at the Trade Fair Center, La, Accra.
Mr Speaker, it is with great joy that I mention to this House that the President, H. E Nana Akufo-Addo made time and put in a momentous speech that was read on his behalf by the Hon Akosua Frema Osei-Opare.
Mr Speaker, the President's word on the commemoration of this day was straight, frank and simply helpful: “ if you have been diagnosed and on anti-retroviral medication, do not stop your medication; noncompliance in HIV treatment only emboldens the virus and derails the fight against
HIV”.
Mr Speaker, as a country, we have made appreciable progress in the national response. Ghana has sustained a low HIV prevalence of 1.7 per cent and have in the last nine years, reduced new infections by 22 per cent; according to the 2018 national estimates report authored by the Ghana Aids Commission.
Mr Speaker, our gains as a country, notwithstanding, two challenges stand to threaten the progress made in the battle against HIV/AIDS. The first is that of poor community support and the second is
the refusal of a significant number of HIV patients to take their medication despite knowledge of their status. It is for this reason that this year's commemoration theme; “Communities Make The Difference; Help End AIDS” could have come at a better time.
It is sad that in Ghana, we have more than 50 per cent of people living with HIV not on anti-retroviral treatment. Treatment does not only prevent the disease from progression but more importantly suppresses the virus so as to achieve a viral load that is undetectable and incapable of transmission to other persons.
The national strategy remains the 90-90-90 agenda. Working hard to get 90 per cent of all people living with HIV screened and detected. To get at least 90 per cent of those detected cases on treatment would ultimately work towards achieving viral suppression in at least 90 per cent of those on treatment. The refusal of more than 50 per cent of patients to take their medication remains the single most significant threat to the 90- 90-90 agenda.
Mr Speaker, superstition, unfounded religious pretexts as well as complacency on the part of patients account for the refusal of the patients to take their medication. Members of Parliament must engage community leaders, especially the
Mr First Deputy Speaker 2:24 p.m.
Hon Mintah Akandoh, you may also make your Statement.
World's HIV-AIDS Day And the Call To Increase HIV-AIDs
Awareness
Mr Kwabena Mintah Akandoh (NDC -- Juaboso) 2:24 p.m.
Thank you Mr Speaker, for the opportunity to make this needful Statement on the call to increase HIV/AIDS awareness campaign.
Mr Speaker, every 1st December each year is marked as world AIDS day celebration. As such, yesterday was World's AIDS day. Acquired
Immune Deficiency Syndrome (AIDS) is a chronic, potentially life- threatening disease and human immune deficiency virus (HIV) is a sexually transmitted infection (STI). It is usually spread by contact with infected blood or from mother to child during pregnancy, childbirth or breast- feeding, unprotected sex and sharing of sharp tools with infected persons. There is no cure for HIV / AIDS yet, but there are medications that can dramatically slow the progression of the disease. These drugs have reduced AIDS deaths in many developed nations.
Mr Speaker, according to W.H.O 37.9 million people are living with HIV globally. In Ghana it is estimated that 333,713 people are living with HIV (PLWHIV), and out of the figure, 117,199, that is 35 per cent males and 217,514, or 65 per cent are females. Adults who are 15years and above are 305,199, representing 91 per cent and children aged zero to 14 years are 29,514 or nine per cent.
Mr Speaker, the estimates further showed that 16,421 pregnant women needed to be placed on PMTCT (Prevention of Mother To Child Transmission), while 12,950 are on Anti-Retroviral Therapy (ART) for PMTCT, which means 78.86 per cent of pregnant women with HIV who
needed ART are currently on the programme. The remaining 3,471 pregnant women are not on the programme. According to GAC, Western and Greater Accra Region are leading with HIV infections followed by Volta Region and North East with the lowest infection rate.
Mr Speaker, according to the Ghana AIDs Commission's report, the number of persons living with HIV / AIDS has been on the high increase since 2017.
Mr Speaker, the estimated number of new infections in just 2018 alone was about 19,000. Meanwhile, the methods of transmission has not changed and interest groups have said to be doing awareness campaigns to reduce the prevalence rate.
The theme for this year's World AIDS Day is “Communities make the difference”. This year's World AIDs Day offers an important platform to highlight the role of communities at a time when reduced funding and a shrinking space for civil society are putting the sustainability of services and advocacy efforts in jeopardy.
Greater mobilisation of communities is urgently required to address the barriers that stop communities from delivering their services, including restrictions on
Mr First Deputy Speaker 2:24 p.m.
Hon Members, any more contributions?
Dr Robert B. Kuganab-Lem (NDC -- Binduri) 2:34 p.m.
Mr Speaker, thank you for the opportunity to contribute to these two excellent Statements.
Mr Speaker, we cannot achieve much in our quest to eradicate HIV/ AIDS by the year 2030 if we do not advocate the right to health. Mr Speaker, Sustainable Development Goal 3 tells us that we can do this, and to achieve it we need effective community engagements.
Mr Speaker, the problem is that we have been told that in the year 2018, as many as 18,000 people were infected for the first time.

Mr Speaker, with this figure, we cannot say that the issue of HIV/ AIDS is reducing. We need to achieve more. How do we achieve this? I see a disjoint between the Ghana AIDS Commission and the Ministry of Health. Right now, we have had the issue of AIDS with us for quite a long time.

We need to see how we can harmonise the work of the Ghana AIDS Commission with the Ministry

of Health in a way that the Ministry, which is in charge of the National Health Policy, would enforce a holistic national agenda to the effective implementation of our HIV/AIDS policy.

Mr Speaker, to achieve a reduction in HIV/AIDS, we need to improve our primary healthcare strategy. This is critical in ensuring that our population has universal health coverage. If you look at it today, most of our people do not have access to healthcare because of financial constraints. If you look at the situation in Ghana today, cash and carry is creeping back slowly.

All of us here pay bills, and suffer from the payment of bills, yet we know that to achieve universal health coverage, our people do not have to suffer catastrophic health expenditure as they access healthcare.

Mr Speaker, given this, if you look at our indicators today, infants are dying; children are dying; mothers are dying; and fathers are dying. Girls are dying, and women are dying. [Laughter.] Boys are dying and men are dying. Old men are dying; and worse of all, old women are dying.

Mr Speaker, in Ghana today, graveyards are full and homes are empty. We need to ensure that we
Dr Mark K. Nawaane (NDC -- Nabdam) 2:34 p.m.
Mr Speaker, thank you. I would also want to thank the Hon Members who made the Statements; Hon Dr Okoe Boye and my Hon Ranking Member, Hon Akandoh.
Mr Speaker, there is an unholy silence these days about the HIV/ AIDS. Of course, all of us have to understand. There is a competing need for resources. So we find allocation for HIV/AIDS education probably going down. Hence we hear less of it on our television and radio stations. However, it is time for us to once again, take stock of the HIV/ AIDS menace, and as you have heard today, the incidence is not reducing.
Mr Speaker, it is within this context that we have talked about communities getting involved in the management of HIV/AIDS. That is why the theme for this year is
“Community makes a difference”. It is true. With limited resources and with the stigma attached to HIV, there is the need to bring in the communities. Especially in Africa, where majority of our people belong to associations and churches, if we can use these churches, mosques and associations to bring these issues to the fore, we would be making a headway.
Indeed, communities can even help finance the education we are talking about. We can also involve family members. We know some of these HIV patients are very weak and they need the assistance of their family members to ensure that they take their drugs. One of the Hon Members who made the Statements said the patients do not take their drugs regularly, and if we do not get them to take the drugs, our fight would be in vain.
Mr Speaker, as a practicing medical officer, I do not always end up talking about AIDS without giving hope to those living with HIV . Whenever I speak without giving them hope, it is just like telling them that I do not have a cure for the sickness they have brought to me, and so they should go back. However, there is real hope now. Apart from the drugs that patients take which can even make one a-viral, where the level of the HIV is negligible and invisible.
So without giving hope, one can have sex without transmitting the virus. It is true. We have reached that stage, where sometime one can be at those low levels and have sex without transmitting the virus.
We have reached the stage where we can have our babies without HIV/ though both the father and mother have HIV but because they follow the instructions of nurses and hospital personnel to ensure that the baby grows up without contracting the HIV. Are these not good hope to have?
Indeed, as we speak, vaccines are being developed at various stages. Some have even got to the extent that it is being tested on humans. So if one is sitting here with HIV, which I hope is not the case, one should not give up.
It is possible that within the next five to 10 years, we could have a cure for HIV. [Hear! Hear!] This is what is on the ground, and this is the hope I am talking about.
Thank you, Mr Speaker.
Dr Nana A. Afriye (NPP - Effiduase/Asokore) 2:44 p.m.
I thank you, Mr Speaker. I rise to commend the Hon Members who made the Statements.
My Hon Colleagues have touched on pertinent issues on HIV prevalence and the global target. I believe the global target is what they call 90-90-90.
It was the belief that by 2020, we would have persons testing HIV in such a way that about 90 per cent of all those persons who test for HIV are known; and the 90 per cent of them, about 90 per cent of them would be suppressed. That is the global target.

Mr Speaker, in the society, I am sure if people are encouraged to walk in to check their status, for us to achieve the 90 per cent that we desire, probably, it would start from this House, Mr Speaker. When the Ghana AIDS Commission and all of those -- Maybe, leadership by example.

Mr Speaker, the national prevalence of HIV is 1.61 per cent. However, it is more among homosexuals, female sex workers and the vulnerable. It is amazing that
Dr Nana A. Afriye (NPP - Effiduase/Asokore) 2:44 p.m.


Mr Speaker, it is clear in public health that, if you want to influence the behaviour of people; if we want to pursue behavioural change communication, it is done through education. So if we have a government that decides to give Free SHS Education, then that government has to be applauded.

Mr Speaker, HIV education is important. Whatever we do; whether we test, the backstop is education. According to the World Health Organisation (WHO), there is a relation between wealth, health and education. So we could take Free SHS Programme as a human capital investment that would get our workforce very healthy and a stronger Ghana in the future.

Mr Speaker, those who made the Statements have done very well. We would encourage all of us here, especially those who have not checked their status to do so.
Mr First Deputy Speaker 2:44 p.m.
That brings us to the end of Statements time.
Hon Members, at the Commencement of Public Business.
rose
Mr First Deputy Speaker 2:44 p.m.
Yes, Hon Attorney-General and Minister for Justice, I saw you on your feet?
MOTIONS 2:44 p.m.
Mr First Deputy Speaker 2:44 p.m.
Yes, Hon Minister for Local Government and Rural Development?
Minister for Local Government and Rural Development (Hajia Alima Mahama (MP) 2:44 p.m.
Mr Speaker, I beg to second the Motion moved by the Hon Attorney-General and Minister for Justice.
Mr First Deputy Speaker 2:44 p.m.
Yes, Hon Minority Leader, can we hear you?
Minority Leader (Mr Haruna Iddrisu) 2:44 p.m.
Mr Speaker, thank you very much. I have heard the learned Attorney-General and Minister for Justice invoke Standing Order 132. Mr Speaker, with your indulgence, I beg to read:
“Either before the commencement of public business or at the commencement of any stage of a Bill, the Member in charge of the Bill may make a motion without notice for its withdrawal.”
Mr Speaker, the Supreme Court has ruled that we are masters of our own procedures, but while we appreciate what she has done, which is within her power --
First of all, as I heard the President yesterday, he said he has directed the Hon Minister for Local Government and Rural Development -- [Laughter.] And not the Hon Attorney-General -- [Interruption.] The Hon Minister for Local Government and Rural Development is here and she seconded the Motion. We would respect presidential directives.
Mr Speaker, I have in my hands, Constitutional Instrument (C.I.) 120; Referendum approval of Bill to amend article 55 of the Constitution. Regulations 2019. Therefore, even as she initiates this process, it would only be lawful and legitimate that this House takes the appropriate legal processes to annul it.
Mr Speaker, my worry is, neither the President nor a Minister is vested with the power under articles 44 and 46 of the Constitution. The matter is now before the Electoral Commission (EC) of Ghana, which shall not be subject to the direction and control of any person, including the President. I hope this is not a usurpation of the mandate of the EC?
Mr First Deputy Speaker 2:44 p.m.
Yes, Hon Majority Leader?
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 2:54 p.m.
Mr Speaker, in the Republic, the body that is charged to make laws at the national level is Parliament, and that is captured in article 106(1).

Though at the level of the district assemblies they combined legislative and executive powers as captured in article 241(3).

Mr Speaker, at the national level, within this Republic, the body that is charged to make laws is Parliament, and proposals for law making is in the form of Bills. Bills may emanate from Parliament as provided for under article 103(3), or from the President or any person authorised by him to submit the Bill to this House. So Mr Speaker, an Hon Minister who comes to Parliament comes on the authority of the President, not in his or her own capacity.

Mr Speaker, when Bills are introduced in Parliament, the process of transacting business on them is to ensure the passage of the Bills are regulated by our Standing Orders. Mr Speaker, the Standing Orders is fashioned in accordance with article

110(1) of the 1992 Constitution of the Republic. My Hon Colleague quoted the Constitution. The Standing Orders of Parliament are part of the laws of Ghana as provided for under article 11(1)(c) of the Constitution.

Mr Speaker, a Bill may involve passing a new law, repealing an existing law or amending an existing law. The power to amend the Constitution is vested in Parliament, not in any other person. That is in article 289(1).

Mr Speaker, the procedure to initiate that is ignited by article 289(2). The various provisions of the Constitution are grouped into two categories -- entrenched and non- entrenched provisions. The entrenched provisions are in article 290 and the non-entrenched provisions are captured in article 291.

The nodal issues involved in the procedure of the entrenched provisions amendments are elaborated in article 290(2) to (6), and the nodes for the amendment of the non-entrenched provisions are captured in article 291 (1) to (4). Mr Speaker, the procedure for the passage of Bills is elaborated in part 18 of our own Standing Orders, which provides the step by step --

Mr Speaker, the problem that I have with some of my Hon Colleagues is, when the Hon Minority Leader is on the Floor speaking, we listened to him, but when one wants to respond -- These days, my Hon Colleague for Wa West has cultivated an attitude of wild gesticulations.

Mr Speaker, the Hon Member for Asutifi South says that I spent time preparing notes. I was with Hon Haruna Iddrisu, and we were on the same flight. These things exercised my mind, I thought that they should be sufficient to us. Mr Speaker, people do not want to know the truth, and the truth is bitter to Hon Alhaji Collins Dauda. That is why he is so much disturbed.

Mr Speaker, as I said, the step by step procedure for the amendment of Bills is captured in articles 106(2) and 103(3). Through the gazetting process, the introduction and passage of Bills, as captured in articles 106(4) and 290 (2) and (4) -- Mr Speaker, the Bills are introduced, read for the First time, a Second time, and then
rose
Mr Kyei-Mensah-Bonsu 2:54 p.m.
For the non-entrenched Bills --
Mr First Deputy Speaker 2:54 p.m.
Hon Majority Leader, please, hold on.
Hon Member for Asutifi South?
Alhaji Dauda 2:54 p.m.
Mr Speaker, the Hon Attorney-General and Minister for Justice, on behalf of the President, has moved a Motion withdrawing some Papers that were laid in this House. [Interruption.] They are Papers.
Mr Speaker, you gave the Floor to the Hon Minority Leader, and he made some few comments. Hon Kyei- Mensah-Bonsu, the Hon Member of Parliament (MP) for Tafo -- [Interruption.] Suame --
Mr First Deputy Speaker 2:54 p.m.
Hon Member, he is the Hon MP for Suame.
Dr Anthony Akoto Osei -- rose
-- 2:54 p.m.
Mr First Deputy Speaker 2:54 p.m.
Hon Member for Old Tafo, I recognise you.
Alhaji Dauda 2:54 p.m.
It used to be Old Tafo-Suame until the separation.
Mr Speaker, it is very clear that our Standing Orders require that if a matter is before the House and one rises to comment, the comments must be relevant to what is being discussed.
Mr Speaker, I do not find any relevance in what the Hon Majority Leader has said in relation to the application that the Hon Attorney- General and Minister for Justice made. It is completely irrelevant.
Mr Speaker, he is rather giving us a lecture on the steps that we follow to pass a law, which everybody in this House is aware of. [Laughter.] He is wasting our time. Mr Speaker, he should stop and make relevant comments to the Motion.
Mr First Deputy Speaker 2:54 p.m.
Hon Member, you are out of order.
The Hon Minority Leader raised and even challenged the constitutionality of the application before me, and that is what the Hon Majority Leader is responding to; he is entitled.
Mr Kyei-Mensah-Bonsu 3:04 p.m.
Mr Speaker, for a very senior Hon Member of this House to refer to me as the Hon Member for Tafo should tell you that he is in a very confused state. [Laughter.]
Mr Speaker, when normal Bills are introduced in this House, they are referred to the appropriate Committee. For the non-entrenched provisions of the Constitution, when they are read in this House for the First time, they are referred to the Council of State. That is captured by article 291(2). For entrenched provisions, after they are introduced in this House, they are referred to the Electoral Commission for the conduct of a referendum.
Mr Speaker, the purpose of the referendum is not to amend the law, but we give Parliament the go ahead to pass or not to pass the Bill. That is it. People have confused the purpose of the referendum. The purpose of the referendum is not to amend the law, but to give Parliament the power to pass the Bill that is before it. That is what we are doing.
So Mr Speaker, regardless of the processes, the Bill for the amendment
of article 55(3) is still here in Parliament.

Mr Speaker, after the referendum, that is if there should be, the matter is not closed. It would still have to come to Parliament for it to go through the remaining processes of enactment; that is the Constitution.

At any stage in the process of passing, the Member, in this case, the Hon Minister who introduced the Bill in Parliament, is clothed with the authority to withdraw, and that is what she just cited. That is Standing Order

132.

Mr Speaker, so for anybody, including my dear Hon Friend in whom I am sometimes well pleased, the Hon Minority Leader, to rise up to challenge the constitutionality of the application, I am really taken aback by this submission which is very outlandish, with respect to the Hon Minority Leader.

It has no relevance to what we are doing here. So, the Hon Attorney- General and Minister for Justice is very right to do what she is doing.

Mr Speaker, no Bill is passed by this House until it has passed through the Consideration Stage -- in fact, all
Mr First Deputy Speaker 3:04 p.m.
Hon Members, the application is for me to grant leave. I have listened to the Hon Leaders to guide myself whether there was anything that barred me from granting leave to withdraw the application.
I am satisfied that nothing bars me from granting the leave asked for by the Hon Attorney-General and
Mr First Deputy Speaker 3:04 p.m.
Hon Members, order!
Hon Akandoh, we listened to you in silence when you read your speech. Could you listen to me in silence?
At the Commencement of Public Business, Presentation of Papers.
Item numbered 4(a), by the Hon Majority Leader.
PAPERS 3:04 p.m.
Mr First Deputy Speaker 3:04 p.m.
Item numbered 4(b)?
Mr Kyei-Mensah-Bonsu 3:04 p.m.
Mr Speaker, the Hon Deputy Minister for Finance would lay the Papers on behalf of the Hon Minister for Finance.
Mr First Deputy Speaker 3:04 p.m.
Yes, Hon Deputy Minister, you may lay the Papers on behalf of the Substantive Minister.
Item numbered 4 (b) (i), (ii), (iii), (iv), (v) and (vi)?
By the Hon Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) (on behalf of the Hon Minister for Finance)—
(i)Agreement by the Govern- ment of the Republic of Ghana in Favour of Ghana Amalgamated Trust Plc (GAT) to Support Selected Indigenous Ghanaian Banks made up of the following components:
(a) An initial capitalisation of eight hundred million Ghana
cedis (GH¢800 million) by the Government of Ghana (by way of redeemable pre- ference shares) for GAT's investment in the first four GAT investee banks; and
(b) A Put Call Option Agreement (PCOA) to enable GAT raise an amount of up to three billion Ghana cedis
(GH¢3,000,000,000.00)
from the capital market for the purposes of redeeming the GH¢800 million preference shares held by the Government and funding the GH¢2.2 billion required for GAT's investment in NIB.
(ii) Request by the Government of the Republic of Ghana for approval of the 2020 International Capital Market (ICM) Funding Programme for an amount up to three billion United States dollars (US$3,000,000,000.00) to finance Growth-Oriented Expenditures in the 2020 Budget (including restructuring the energy sector) and to Conduct Liability Management of Refinancing the 2023, 2026 and the 2030 Eurobonds and other Domestic Debt Securities.
Mr First Deputy Speaker 3:14 p.m.
(iii) Request for Approval of the Sum of fifteen billion, six hundred million Ghana cedis (GH¢15.6 billion) to Protect Depositors and Investors of Failed Financial Institutions and to Improve Liquidity of the Financial Sector.
(iv) Request for waiver of Import Duties, GETFund Levy, Import NHIL, Import VAT, EXIM Levy, and other imposts amounting to the Ghana cedi equivalent of seven hundred and five thousand, two hundred and ninety-eight United States dollars (US$705,298.00) on equipment and materials to be procured by Sunda Ghana Limited under the implementation of the One District One Factory (1D1F) programme.
(v) Request for waiver of Import Duties, GETFund Levy, Import NHIL, Import VAT, EXIM Levy, and other imposts amounting to the Ghana cedi equivalent of one million, three hundred and twenty thousand, one hundred and seventy-one United States dollars (US$1,320,171.00) on
materials to be procured by Keda Ceramics Company Limited under the implementation of the One District One Factory (1D1F) programme.
(vi) Request for waiver of Import Duties, GETFund Levy, Import NHIL, Import VAT, EXIM Levy, and other imposts amounting to the Ghana cedi equivalent of forty-seven thousand, nine hundred and twenty-eight United States dollars thirty- eight cents (US$- 47,928.38) on equipment to be procured by Sunda Ghana Investment Limited under the implementation of the One District One Factory (1D1F) programme.
(vii) Request for waiver of Import Duties, Import VAT, GETFund Levy, Import NHIL, ECOWAS Levy, EXIM Levy, AU Levy and other imposts amounting to the Ghana cedi equivalent of forty-eight thousand, four hundred United States dollars (US$48,400.00) on materials and equipment to be procured to implement the Water Supply Project at Ahwerease and Ahodwo in
the Nsawam-Adoagyiri Municipality of Ghana under the Project Cooperation Agreement between the Government of the Republic of Ghana (represented by the Ministry of Sanitation and Water Resources) and the Government of the Republic of Korea (represented by the Ministry of Environment of Korea) for a grant amount of three hundred million Korean won (equivalent to
US$250,000.00).

Referred to the Committee on Finance.
Mr First Deputy Speaker 3:14 p.m.
Hon Deputy Minister for Finance, the application for the waiver on the Bekwai one district, one factory (1D1F) has been pending for too long. I expect that it would be brought here soon. The equipment are lying at the port and incurring demurrage. Our application is before you.
Mr Kwarteng 3:14 p.m.
Mr Speaker, we would act on this as immediately as we can.
Mr First Deputy Speaker 3:14 p.m.
I am very grateful for the promise.
Dr Assibey-Yeboah 3:14 p.m.
Mr Speaker, after the Ministry of Finance has brought the waiver request to Parliament, it is the Finance Committee that works on it. As a matter of fact, the request for waiver of taxes and duties on the Koforidua 1D1F was rejected by the Committee.
Mr First Deputy Speaker 3:14 p.m.
What has that got to do with the Bekwai one? [Laughter.]
Dr Assibey-Yeboah 3:14 p.m.
I am only serving notice --
Mr First Deputy Speaker 3:14 p.m.
That you would reject the Bekwai application?
Dr Assibey-Yeboah 3:14 p.m.
No, Mr Speaker, that everything has to tidy up.
Mr First Deputy Speaker 3:14 p.m.
We would make sure that we fall within the law, so you would not reject it please. Thank you.
Item numbered 4 (c), by the Hon Chairman of the Committee on Local Government and Rural Development.
Mr Nyindam 3:14 p.m.
Mr Speaker, I think that the Table Office got it mixed up. This Report was laid on Friday and I drew the Clerks-at-the-Table's attention to it. It should be a Motion and not a Paper to be laid. [Interruption.]
Mr Speaker, I think that we would allow the Hon Chairman of the Committee to lay it again.
By the Vice Chairman of the Committee (Mr Suleman Adamu Sanid)(on behalf of the Chairman of the Committee) --
Report of the Committee on Local Government and Rural Development on Monitoring Visits to Selected Metropolitan, Municipal and District Assemblies in the Country.
Mr Haruna Iddrisu 3:14 p.m.
Mr Speaker, this is not to serve any purpose but just for the records. My Hon Friend, Hon Sanid, is the Vice Chairman. So the Hon First Deputy Majority Whip
should have assisted you and us as we went through the process, unless he is telling us that he is involved in a mini-reshuffle to make Hon Sanid the Hon Chairman of the Committee.
Mr First Deputy Speaker 3:14 p.m.
Your point is well noted.
Item numbered 4 (d), by the Hon Chairman of the Committee on Foreign Affairs. [Pause]-- Very well. If you are not ready, I would proceed to item numbered 5.
Hon First Deputy Majority Whip, which of the items under the item numbered 5 is ready?
Mr Nyindam 3:14 p.m.
Mr Speaker, the Hon Chairman of the Finance Committee and the Hon Deputy Minister for Finance are here. With your leave, could the Hon Deputy Minister be allowed to lay the Papers on behalf of the Hon Minister?
Mr Iddrisu 3:14 p.m.
Mr Speaker, these were policy blueprints in the 2020 Budget Statement, so there should be no objection to the Deputy Minister introducing them to the House.
Mr First Deputy Speaker 3:14 p.m.
Hon Deputy Minister, you may now present the Bills for First Reading-- Item numbered 5 (a).
BILLS -- FIRST READING 3:14 p.m.
Mr First Deputy Speaker 3:14 p.m.
Item numbered 5 (b).
Income Tax (Amendment) Bill, 2019
An Act to amend the Income Tax Act, 2015 (Act 896) to revise the rate of tax for chargeable income for a resident individual for a year of assessment, provide for a tax holiday for automobile manufacturers and assemblers, and for related matters.
Presented by the Deputy Minister for Finance (Mr Kwaku A. Kwarteng) (on behalf of the Minister for Finance). Read the First time; referred to the Committee on Finance.
Mr First Deputy Speaker 3:14 p.m.
Item numbered 5 (c).
National Fiscal Stabilisation Levy (Amendment) Bill, 2019
An Act to amend the National Fiscal Stabilisation Levy Act, 2013 (Act 862) to extend the date for the expiration of the National Fiscal Stabilisation Levy and to provide for related matters.
Presented by the Deputy Minister for Finance (Mr Kwaku A. Kwarteng) (on behalf of the Minister for Finance). Read the First time; referred to the Committee on Finance.
Mr First Deputy Speaker 3:14 p.m.
Item numbered 5 (d).
Value Added Tax (Amendment) Bill, 2019
An Act to amend the Value Added Tax Act, 2013 (Act 870) to provide exemptions from the payment of Value Added Tax on import of plants and machinery designed specifically for use in the automotive industry and kits imported by an automotive manufacturer and assembler registered under the Ghana Automotive Manufacturing Development Pro-
Mr First Deputy Speaker 3:14 p.m.
Item numbered 6, Motions.
Hon First Deputy Majority Whip, are you ready to do the Third Reading?
Mr Nyindam 3:14 p.m.
Mr Speaker, let us take Motion numbered 8.
Mr Iddrisu 3:14 p.m.
Mr Speaker, as I follow you and the Hon First Deputy Majority Whip on Motion 6, I intend to invoke the Standing Orders. [Interruption.] Are you seeking Mr Speaker's leave?
Mr Speaker, I have been beaten before. Some days ago, I moved on this same matter and was told that I could when it got to the Third Reading, and I was silenced. I intend to subject it to a Second Consideration Stage mainly because of the definition of “tree crops”.
Dr Edward Onumah, one of the resource persons in the Agricultural Economics and Agribusiness Department of the University of Ghana, gave a more comprehensive definition. So I intended that when we got to the interpretation, we should have a better encompassing definition. I have no objection to us going to it, but I do not want it to be said that when we got to the Third Reading, I sat down because I am not.
Mr First Deputy Speaker 3:14 p.m.
Hon Member, I am sure that the matters that you have in mind were adequately dealt with last Friday. The two matters that were controversial were admitted as part of the definition. So I am sure if you get a proper briefing from behind you, you would know that you have no real issue.
Item numbered 8, Motions -- by the Hon Chairman of the Committee.
MOTIONS 3:14 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 3:24 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 NHIL/GETFund Levy, Import VAT, EXIM Levy and Special Import Levy amounting to the Ghana cedi equivalent of sixty-two million, six hundred and eighty-one thousand, sixty-nine euros (€62,681,069.00) on materials and equipment to be imported in respect of phase II of the redevelopment and moderni- sation of the Kumasi Central Market and its Associated Infrastructure.

Mr Speaker, in so doing, I present your Committee's Report.

1.0 Introduction

The request for waiver of Import Duties, Import NHIL/GETFund Levy, Import VAT, EXIM Levy and Special Import Levy amounting to the Ghana “cedi equivalent of €62,681,069.00 on materials and equipment to be imported in respect of phase II of the redevelopment and modernisation of the Kumasi Central Market and its Associated Infrastructure was presented to the House on Tuesday, 19th November, 2019 by the Hon Deputy Minister for
Chairman of the Committee (Dr Mark Assibey-Yeboah) 3:24 p.m.


To reduce the financial burden and cost of borrowing; and

To utilise revenues that would be realised from the phase 1 and phase 2 of the project to support the funding of similar infrastructural projects in Kumasi.

The first phase of the project was implemented at a cost of US$259,425,000 and it is presently completed. The utilisation of the total floor space under phase 1 is summarised in the table below.

Phase 2 of the project will be a continuation of phase I and will cover a total construction area of 172,197m2.

The two market areas (under the two phases) when completed, would be linked by two aerial walkways, providing ideal conditions for the flow of the large number of pedestrians that move frequently between them, with no interference from the street vehicular traffic.

3.0 Project Objective

The object of the project is to redevelop and integrate Kejetia and Kumasi Central markets, and improve on the ancillary roads, facilities and utilities in the enclave. This is to improve on the functionality of the market community and improve on doing business in the Central Business District (CBD) of Kumasi.

4.0 Total Waiver Requested

The total amount of taxes and duties for which waiver is being sought is the Ghana cedi equivalent of

€62,681,069.00.

Attachment: Please find attached as Appendix is the detailed assessment of the relevant taxes and duties.

5.0 Observations

5.1 Brief Description of Project

The Committee noted that the project will be a continuation of phase 1 and will cover a total construction area of 172,197m2. The main structure of the market building will be pre-manufactured steel structure and beams. The parts will be produced abroad and shipped to the site for assembling, allowing for a very fast pace of construction. The roof will be in steel sheets with isolation to prevent heat from the sun. The central opening provides ventilation and light to the interior. Multiple skylights will allow the entrance of sunlight providing natural illumination.

5.2 Parliamentary Approval of the Contract Agreement

The Committee observed that Parliament at its forty-third Sitting of the Second Meeting held on Wednesday, 25th July, 2018, approved by resolution, the Contract Agreement between the Government of the Republic of Ghana (Ministry of Local Government and Rural Development) and Contracta

Construction (UK) Limited for an amount of €248,000,000.00 for phase II of the redevelopment and modernisation of the Kumasi Central Market and its Associated Infrastructure.

5.3 Creation of a Special Purpose Vehicle

The Committee was informed by the CEO of KMA that phase I of the Project has been completed and the spaces allocated to beneficiaries.

He explained that a Special Purpose Vehicle (SPV)) known as Kumasi Markets Company Limited has been created with the predefined purpose of managing and operating the market complex profitably.

To ensure inclusivity, the Board of the Company has been broadened to include representatives of all major stakeholders such as the Ministry of Finance, Ministry of Local Government and Rural Development, the KMA, Kejetia Traders Association, Kumasi Central Market Traders Association, Transport Unions and the Traditional Authority.

The CEO explained that through the work of the SPV, the spaces in the phase I project has been allocated and about 1,600 beneficiaries have already being handed keys to their

shops whilst the remaining beneficiaries are still going through the necessary processes to access their shops.

5.4 Expected Benefits from the Project

The Committee noted that benefits to be derived from the project upon completion include increase in tax collection from increased trading volumes, increase in revenue for KMA to invest in other sectors of the city, enhancement of the status of the Kumasi Central Market as a major commercial hub in West Africa, enhanced and improved market conditions for traders and shoppers as well as easing traffic jam in the vicinity of the market.

5.5 Justification for Waiver

The Committee noted that per articles 2.6 and 6 of the Contract Agreement between the Government of Ghana and Contracta Construction UK Limited, all Ghanaian taxes, duties, charges and levies payable by the Contractor and its expatriate personnel shall be paid for by the Client. Also, all goods imported (including temporary imports) into Ghana in connection with the contract and the Contractor's expatriate personnel shall be exempt from tax on presentation of the relevant

documents subject to the approval of Parliament; save that such exemptions shall not apply to the local workforce which shall be treated in accordance with the local laws.

6.0 Conclusion

The Committee finds that the request is in line with the Contract Agreement between the Government of the Republic of Ghana (Ministry of Local Government and Rural development) and Contracta Construction (UK) Limited for the phase II of the redevelopment and modernisation of the Kumasi Central Market and its Associated Infrastructure.

The Committee, therefore, recommends to the House to adopt this Report and approve by resolution, the request for waiver of Import Duties, Import NHIL/GETFund Levy, Import VAT, EXIM Levy and Special Import Levy amounting to the Ghana cedi equivalent of €62,681,069.00 million euros on materials and equipment to be imported in respect of phase II of the redevelopment and modernisation of the Kumasi Central market and its Associated Infrastructure in accordance with article 174(2) of the 1992 Constitution of the Republic of Ghana.

Respectfully submitted.
Mr First Deputy Speaker 3:24 p.m.
Any Seconder?
Yes, Hon Member for Sekyere Afram Plains?
Mr Alex Adomako-Mensah (NDC -- Sekyere Afram Plains) 3:24 p.m.
Mr Speaker, I rise to second the Motion.
Mr Speaker, the tax waiver that is sought for would ensure a smooth execution of the project. Today, the Kumasi Central Market is a major contributor to the revenue of the Kumasi Metropolitan Assembly (KMA), with a significant 50 per cent of the population involved in commercial activities in the market.
A redeveloped market and infrastructure would reduce congestion and enhance easy mobility of all stakeholders in and around the market area.
Mr Speaker, according to the contract specification, the construction would take 48 months; but my problem is that the slow process in relocating the traders at the Kumasi Central Market has delayed the commencement of the project.
The contractor has not even secured the right access of the site, despite all efforts that have been
made. It is because the traders of the Central Market are yet to be moved to the newly developed market, and this is a problem that has to be addressed.
Mr Speaker, there are a lot of benefits that would be accrued from this project. One important thing, which I am happy about, is how they would help address and mitigate the underlined causes of fire outbreaks in the market and also improve the safety and security of traders. So it is very important to support the project.
Mr Speaker, this amount would support the contractor to secure the materials and equipment. This project is also a laudable one because it would help the good people of Kumasi and the Ashanti Region.
Mr Speaker, I want to urge Hon Members to support the project.
Question proposed.
Mr First Deputy Speaker 3:24 p.m.
Yes, Hon Member for Okaikwei North?
Mr Fuseini Issah (NPP -- Okaikwei North) 3:24 p.m.
Mr Speaker, I thank you very much for the opportunity.
Mr First Deputy Speaker 3:24 p.m.
Yes, former Hon Minister for Local Government and Rural Development?
Mr Collins Dauda (NDC -- Asutifi South) 3:34 p.m.
Mr Speaker, I thank you very much for the opportunity to contribute to the Motion.
Mr Speaker, this is a very straight forward request to the House, because the loans for the construction of the phase II of the Kumasi Central Market was brought before the House and we had the opportunity to debate it and got it approved.
In that request, tax waiver was an element. Today, the Hon Charmain of the Committee has submitted a Report to request for a tax waiver which is consequential to the earlier loan Agreement that was brought before the House.
Mr Speaker, I therefore want to appeal to my Hon Colleagues to support this Motion; except that, perhaps the relocation of the traders from the Central Market must be thought through very well. This is because the project for the phase I delayed so much because of relocating traders at the market.
The same phenomenon has resurfaced, and I can see the difficulty to get the traders out from the Central Market to take shops and stores in the Kejetia Market.

Therefore, the Ministry of Local Government and Rural Development and the Kumasi Metropolitan Assembly (KMA) which are directly

in charge of the project, must improve upon their negotiation skills in getting the traders out of the place. Otherwise, it would be a problem in getting the second phase started. We do not want to encounter the delays that were encountered during the construction of the first phase. I hope the Ministry of Local Government and Rural Development would take a cue from what we did.

Mr Speaker, I thank you very much for this opportunity.

Mr First Deputy Speaker; Hon Members, there is no controversy, and I intend to put the Question.

All right, I would give space to Leadership.
Minority Leader (Mr Haruna Iddrisu) 3:34 p.m.
Mr Speaker, thank you for your indulgence to comment on one or two issues.
Mr Speaker, this is a continuation of what one might describe as a signature initiative of former President John Dramani Mahama as President. Sometimes, when our Hon Colleagues are critical about borrowing, he borrowed for a good course. But Mr Speaker, I demand that the Mayor of KMA probably be given deadlines, if I have your indulgence. It was
constructed, and for three years, he had conflict with the Hon Regional Minister and some persons. That is not acceptable, and this House must take a serious view of it. What is happening is a conflict between the Mayor and the Hon Regional Minister. We are aware of it. A committee visited there, and I am speaking to facts.
Mr Speaker, some of the market women who were the original settlers in that market feel discriminated against.
Finally, my other comment is to refer you to page 3 --
Mr Kwame Anyimadu-Antwi 3:34 p.m.
On a point of order. Mr Speaker, I am a member of the Finance Committee. What the Hon Minority Leader is alluding to has never been brought before the Committee. I would entreat him to speak to the Report before the House.
Mr Iddrisu 3:34 p.m.
Mr Speaker, you remember I sought your leave to go to Kumasi. While in Kumasi, I took particular interest -- Firstly, when I arrived at the airport, I was very impressed with the state of work of the second phase of the Kumasi Airport project. Therefore with my young person who picks me up in Kumasi, we passed through Kejetia.
Mr First Deputy Speaker 3:34 p.m.
Hon Minority Leader, please, this firm assertion is not before us. No such allegation has been made before the Committee, and I would encourage you to move away from there. Members from the community have different information.
Mr Iddrisu 3:34 p.m.
Thank you, Mr Speaker.
I am concluding. Mr Speaker, as for the truth, it is like the buttocks, we would come and sit on it. The Hon Member can challenge it, but I am concluding.
In paragraph 5.3 on page 5 of the Report, with your indulgence, I quote:
“The Committee was informed by the CEO of KMA that phase I of the project has been completed and the spaces allocated to beneficiaries.
He explained that a Special Purpose Vehicle (SPV) known as Kumasi Markets Company Limited has been created …”
Mr Speaker, we need to know, and they should come and justify before this House that this debt cannot be sitting on Government's Consolidated Fund.
The money to accrue from charges and returns that they take from traders, they will pay yearly for it. They must give us a commitment that we can -- [Interruption.] I have not had a copy. I am not before the Finance Committee.
We need to tailor through what revenue stream would emanate from the KMA arising out of this as a guarantee.
Mr Speaker, with these comments, I support the Motion.
Mr Matthew Nyindam (NPP -- Kpandai) 3:34 p.m.
I thank you, Mr Speaker.
I rise to also contribute to the Report by the Finance Committee. If you look at page 5 of the Report, I believe the Hon Minority Leader would be happy to also note that about 1,600 keys have been handed over to traders, and they have moved in. They are also going to make sure that all those who are due and have to use the market, provision is made for them to move in.
It is a concern to all of us that obviously it is a Government resource. If the market is completed, market women and those who are supposed to use the facility would be given the opportunity to use it.
Mr Speaker, I also would want to move to page 6 to talk about the benefits; generally, about the expansion of the tax net where most revenue would be generated from the market. Also, the traffic jam around that area would be reduced.
As a House, I think we just have to impress on KMA to facilitate the process as early as possible to ensure that this facility is put into good use and the waiver is granted as early as possible for them to move into action.
Mr Speaker, with these few words, I thank you for this opportunity.
Mr First Deputy Speaker 3:34 p.m.
I wish the Hon Member for Subin were here. I would have found out from him whether they can move the traders from the street itself. I really wish they were because now they permit the market on the road itself such that only one out of the three lanes is available for use by vehicles. I think that is so unacceptable.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 3:34 p.m.
I have an Order Paper Addendum, Presentation of Papers by the Minister for Finance.
Yes, Hon Deputy Majority Whip?
Mr Nyindam 3:34 p.m.
Mr Speaker, with your leave and that of the House, the Hon Deputy Minister for Finance is in the House to present the Papers on behalf of the Hon Minister for Finance.
Mr First Deputy Speaker 3:34 p.m.
Do you mean one of the Hon Deputy Ministers? This is because I have just granted one leave, but he is no longer here. Which of the Hon Deputy Ministers are you seeking leave for him to lay the Papers?
Mr Nyindam 3:34 p.m.
Mr Speaker, our abled lady, Hon Abena?
Mr Iddrisu 3:34 p.m.
Mr Speaker, Hon Abena demonstrates interest in the work of this House. Standing in for the Hon Minister, we have no objection for her proceeding to lay the Papers.
Mr First Deputy Speaker 3:34 p.m.
Hon Deputy Minister, you may present the Papers on behalf of the Hon Minister?
rose
Mr First Deputy Speaker 3:34 p.m.
Are you the available Hon Leader? [Laughter.]
Mr Hammond 3:34 p.m.
Yes, I am. The Hon Leader anointed me into the seat before he left. [Laughter.]
Mr Speaker, I am getting a bit confused about the exchanges in the House, particularly with respect to how we address Hon Members in the House. Indeed, we are misusing the privilege allowed us in the Standing Orders.
My understanding of how Hon Members are addressed is that, we are addressed according to our respective constituencies and not even by our names.
For example I would call him the Hon Member for Funsungu, if that is his constituency. That is how we are allowed to call him.
Mr Speaker, I think the rules have been made flexible to the extent that we say Hon Colleague, and we mention names. Now, we have degraded to the extent of calling the Hon Deputy Minister for Finance -- I think the first or second or third Deputy -- Mr Speaker, by calling her by her first name, Hon Abena, is absolutely unparliamentary.
Mr Speaker, I am asking that you issue an order in this House, so that henceforth, Hon Members should be properly addressed. I should be called the Hon Member for Adansi/Asokwa and not K. T.
Mr First Deputy Speaker 3:44 p.m.
Objection upheld. Hon Members shall refer to Hon Members in accordance with the Standing Orders.

Hon Deputy Minister, you may please lay the Paper on behalf of the Hon Minister.

Hon Members, Order Paper Addendum, item numbered 1(a).
PAPERS 3:44 p.m.
Mr First Deputy Speaker 3:44 p.m.
Hon Members, item numbered 1(b), by the Chairman of the Committee.
(b) By the Chairman of the Committee --

Report of the Committee on Employment, Social Welfare and State Enterprise on the Budget Performance Report in Respect of the Ministry of Special Development Initiatives for the period of January to December, 2018.
Mr First Deputy Speaker 3:44 p.m.
Hon Members, now we would return to the main Order Paper.
Yes, available Hon Majority Leader?
Mr Matthew Nyindam 3:44 p.m.
Mr Speaker, could we take item numbered 9? Our Hon Deputy Minister is here on behalf of the Hon Minister, I would beg I do not keep on seeking permission for her to do the work.
Mr First Deputy Speaker 3:44 p.m.
Hon Members, item numbered 9 is a Motion.
Yes, Hon Chairman of the Committee?
Dr Mark Assibey-Yeboah 3:44 p.m.
Mr Speaker, earlier, you ruled that Hon Members shall be referred to by their titles as stipulated in the Standing Orders. It provides that Hon Ministers and Deputies shall be referred to by
their titles. So to the extent that she is the Hon Deputy Minister for Finance, that is the title she bears in this House.
Mr First Deputy Speaker 3:44 p.m.
So, what is the occasion of this objection?
Mr Nyindam 3:44 p.m.
Mr Speaker, I do not understand the objection. I mentioned her portfolio and then added her constituency -- [Interruption.]
Mr First Deputy Speaker 3:44 p.m.
Hon Member, please ignore him. [Laughter.]
Hon Deputy Minister for Finance, you may move the Motion on behalf of the Hon Minister.
RESOLUTIONS 3:44 p.m.
Mrs Abena Osei-Asare 3:44 p.m.
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 174 (2) of the Constitution, Parliament is empowered to confer power on any person or authority to
waive or vary a tax imposed by an Act of Parliament;
The exercise of any power conferred on any person or authority to waive or vary a tax in favour of any person or authority is by the said provisions made subject to the prior approval of Parliament by resolution;
BY THE COMBINED 3:44 p.m.
Dr Assibey-Yeboah 3:44 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Nyindam 3:44 p.m.
Mr Speaker, we would take the Motion numbered 10 on page 7 of the Order Paper.
Mr First Deputy Speaker 3:44 p.m.
Yes, Hon Chairman of the Committee?
Request for Waiver of Taxes in respect of the E-Zwich Rural Branchless Banking Project.
By the Chairman of the Committee
Dr Assibey-Yeboah 3:44 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 NHIL/GETFund Levy, Import VAT and EXIM Levy amounting to the Ghana cedi equivalent of thirteen million, four hundred and seventy-two thousand, three hundred and seventy- three United States dollars (US$13,472,373.00) on materials to be procured by the Ghana Interbank Payment and Settlement Systems Limited (GhIPSS) for the implementation of the E-Zwich Rural Branchless Banking Project.
Mr Speaker, I beg to present the Committee's Report.
1.0 Introducation
The request for waiver of Import Duties, Import NHIL/GETFund Levy, Import VAT and Exim Levy amounting to the Ghana cedi equivalent of thirteen million, four hundred and seventy-two thousand, three hundred and seventy-three United States dollars (US$13,472,373.00) on materials to be procured by the Ghana Interbank Payment and
Settlement Systems Limited (GhIPSS) for the implementation of the E-Zwich Rural Branchless Banking Project was presented to the House on Tuesday, 19th November, 2019 by the Hon Deputy Minister for Finance, Mrs Abena Osei-Asare on behalf of the Minster for Finance.
Rt Hon Speaker referred the request to the Finance Committee for consideration and report.
The Committee met with a Deputy Minister for Finance, Hon Charles Adu Boahen, and officials from the Ministry of Finance, Ghana Revenue Authority and Ghana Interbank Payment and Settlement Systems Limited and considered the request.
2.0 Documents Referred to
The Committee referred to the following documents during its deliberations:
i The 1992 Constitution of Ghana;
ii The Public Financial Management Act, 2016 (Act 921); and
iii The Standing orders of the Parliament of Ghana.
3.0 Background
The Ghana Interbank Payment and Settlement Systems Limited (GhIPSS) was incorporated in May, 2007 and is a wholly-owned subsidiary of the Bank of Ghana. It was set up to ensure an effective and efficient payment system in the country as well as implement and manage interoperable payment system infrastructures for banks and non-bank financial institutions in Ghana. It was also charged with the responsibility to explore technologies and mechanisms to bank the unbanked as well as the under- banked. Currently, GhIPSS has implemented and managed the following:
· i National Biometric Smart Card Banking and Payment System;
· ii Cheque Codeline Clearing (CCC) System;
· iii Ghana Automated Clearing House (GACH) System; and
·iv National Switching and Processing System (Gh-link).
In line with its objectives, GhIPSS is rolling out the Rural Branchless Banking Project. The aim of the project is to deploy, in partnership
Mr First Deputy Speaker 3:44 p.m.
Yes, Hon Member for Sekyere Afram Plains?
Mr Alex Adomako-Mensah (NDC -- Sekyere Afram Plains) 3:54 p.m.
Mr Speaker, I beg to second the Motion, and I would submit the following comments.
Mr Speaker, GHIPSS is rolling out the real branchless banking project, and it is deployed in partnership with financial institutions. The E-Zwich system allows delivery of quality financial service to the people of Ghana especially, the unbanked and the under-banked.
Mr Speaker, the system is an innovative method for improving accessibility to banking and retail service in Ghana. The system offers deposit-taking financial institutions a platform, and enables them to inter- operate. Mr Speaker, the point of sale device supports both online and offline transactions, and this dual capacity ensured that the E-Zwich service can be accessed in all parts of the country, whether or not the area has a good communication network.
Mr Speaker, the tax waiver is to support the project in order to provide some relief as well as ensure
the successful implementation of the project. Mr Speaker, this is a good project, and as a chartered banker, I believe this is in the right direction. Mr Speaker, with these few words, I second the Motion.
Question put and Motion agreed to.
Mr First Deputy Speaker 3:54 p.m.
Item numbered 11.
RESOLUTIONS 3:54 p.m.
BY THE COMBINED 3:54 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 3:54 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 3:54 p.m.
Hon Members, item numbered 7. We are to resume the debate on the Land Bill,
2019.
BILLS -- SECOND READING 3:54 p.m.
Alhaji Collins Dauda (NDC -- Asutifi South) 4:04 p.m.
Thank you, Mr Speaker, for the opportunity to add my voice to the Motion.
Mr Speaker, I support this Motion because it deals with a very important matter as far as the economic development of this country is concerned. It has to do with land. Mr Speaker, when the Bill was referred to your Committee, we looked closely at it, and found that it satisfies the provisions of article 106(2) of the Constitution, which requires that a Bill must be accompanied by an Explanatory Memorandum that sets out in detail its policies and principles, and also identifies the weaknesses of the existing law, and proposes remedies to deal with the defects.
Mr Speaker, as you are very much aware, the land sector plays a very important role in the economic development of this country.

Nevertheless, the sector is beset with a lot of challenges. I wish to identify just a few of the challenges, and perhaps, dwell on two that I would raise. One of the challenges of the sector is the uncertainty of title to land. We also have multiple sale of land, indeterminate boundaries. Finally and thirdly, the menace of land guards in the land sector.

Mr Speaker, as I said, I will dwell on only two of the challenges. On uncertainty of title, in this country, it is possible for two or three people to take a conveyance on one plot of land. In other words, Hon Akoto Osei could take a piece of land from a land owner and would be given a lease or an indenture. For the same parcel of land, Hon Kyei-Mensah-Bonsu could also have documents covering it, and perhaps, Hon Collins Dauda could also have documents covering the same piece of land.

Mr Speaker, the reason is simple, and it is that people who say they have land and put it up for sale do not have land title. They have not registered their lands. In this world, anybody who has something to sell should be able to prove ownership of that which he has to sell, but in terms of land, that is not the case. Anybody sells and therefore, creates problems and confusion in the land sector.

Mr Speaker, the menace of land guards has come to stay with us. It may not leave us today or tomorrow because of one reason. The reason is, the prevalence of land guards in this country is mainly as a result of undue delays in disposing land cases in our courts. When land cases delay unduly in the courts, parties lose confidence in the courts and therefore, decide to find their own ways of protecting their lands.

Normally, if one has a property and someone wants to take it, he runs to the law to save him, but if he runs and the law does not save him, he devises his own means of protecting that which belongs to him.

Mr Speaker, I will share a practical experience with you. I used to be the Chairman of the Town Development Committee in my village, Mehame. In that village, there were two people litigating over a boundary, and the land involved was not up to eight acres, yet they were in court for over 21 years. Out of frustration, both parties agreed and came to me as the Chairman of the Town Development Committee to get the matter resolved for them.

I, together with some other members of the committee, went to the field, and looked at the land. It was so simple. In a matter of three

days, we resolved the matter, and got this case withdrawn from court and settled it. Mr Speaker, if our courts would expeditiously dispose of land cases then we would head toward dealing with the menace of land guards. If land cases in our courts continue to delay unduly as we have today, it would be very difficult for us to deal with the menace of land guards in the country.

Mr Speaker, all the challenges I have identified are not found in the management or administration of public lands. They are issues or challenges affecting management of stool lands, family lands and clan lands or individual lands. Therefore a way must be found to address this concern.

Mr Speaker, the Land Bill before us is expected to address these challenges, but I looked at the provisions in the Bill and it would interest you to know that this Bill is a consolidation of existing laws and an update of existing laws. And these challenges have been with us since time immemorial, and the existing laws that are being consolidated today were not able to address the challenges. Is there any hope that this new one would address the challenges when it is a consolidation?
Mr First Deputy Speaker 4:04 p.m.
Which clause is that?
Alhaji Dauda 4:04 p.m.
Mr Speaker, I am talking about clause 38 of the Bill. And I wish to read subclause 3 of the clause 38. It reads as follows:
“In a conveyance for valuable consideration of an interest in land to a spouse during marriage, the spouses shall be deemed to be parties to the conveyance unless a contrary intention is expressed in the conveyance.”
Mr Speaker, the explanation that has been given to us in respect of this is that, if I have a wife and I acquire lands, if I do not expressly state that my wife is not part or there is no benefit for her from the land, it means that automatically she becomes a party to the land.
Mr Speaker, my reservations are as follows 4:04 p.m.
first of all, this is Africa; this is Ghana. One is not under any obligation to marry only one wife unless the person chooses to do so. And even if one chooses to do so, and the person decides to hide the acquisition of the land from the wife, that in itself, has its own consequences in the family. If the person lets the wife knows too, it has its own consequences as well.
Mr First Deputy Speaker 4:04 p.m.
Hon Member, but in that respect, does it make any difference because whether or not the law is passed as it is, if one dies without leaving a will assigning it to one of the many spouses, they are all equally eligible to share it. So the confusion would not be any less if the law says they are deemed to be your partners. The problem is when you want to use that property to take a loan to live well before you die.
Alhaji Dauda 4:04 p.m.
Mr Speaker, I said several issues, and that is just one of them. And even this one, those who died intestate and got their properties
shared among their wives, we would know that there has always been confusion in those families and it is that we seek to avoid. We make a law to address challenges; we do not make a law to introduce confusion. That is my point.
Mr Speaker, this law is supposed to address challenges as far as it has a provision that introduces more confusion in the management of the land sector, we better be careful.
Mr Speaker, article 22(2) of the Constitution tries to bail all of us out of this and it reads as follows—
Mr First Deputy Speaker 4:04 p.m.
Article 22(3) would be better.
Alhaji Dauda 4:04 p.m.
Mr Speaker, I am talking about article 22(2) which reads:
“Parliament shall, as soon as practicable, after the coming into force of this Constitution, enact a legislation regulating the property rights of spouses.”
Mr Speaker, in view of the nature of this matter, I think that the proper place to deal with it, is to have it under this one; we think through all the issues, all the consequences of it and place it under a legislation dealing with property rights of spouses.
Alhaji Dauda 4:14 p.m.
Mr Speaker, I thought that this Bill
has been brought here to address the challenges of the land sector but not to add on to the challenges.
This certainly, would add on to the challenges of the land sector and for me, if the sponsors of the Bill would agree, we could take it out and impress upon Parliament to come out with the property rights of the spouses law; so that we could look at it under that law, together with other things.

Mr Speaker, I think that the provision that I read to you relating to spousal rights is a misplaced clause in the Land Bill. Therefore, I suggest that we take it out as it has been recommended by the Committee, for it to be considered under article 22 of the Constitution.
Mr First Deputy Speaker 4:14 p.m.
Yes, Hon Member for Asante Akim North?
Mr Andy Kwame Appiah-Kubi (NPP -- Asante Akim North) 4:14 p.m.
Thank you, Mr Speaker, for the
opportunity to contribute to this discussion.
I would want to start from the object of the Bill which seeks to harmonise, consolidate the laws on land and ensure sustainable administration thereof, and ensure management as well as effective land tenure.
Mr Speaker, the side note of article 257 of the Constitution reads
“PUBLIC LANDS AND OTHER
PUBLIC PROPERTY”. Before the coming into effect of this Constitution, lands were mostly vested in the President of Ghana. If you go through clause 2, clause 3 and clause 4, some of such lands were divested to the allodial owners before the pre-vesting.
The fact of the matter is that some of the lands were not divested and with particular reference to article 3, the lands in the northern part of Ghana, Western Region, Upper East Region and Upper West Region were rightfully divested to the allodial owners, that is the skins and stools who owned the land before divesting.
Mr Speaker, it is obvious that the lands in the southern parts were not touched at all and they continue to be vested in the Republic. The main purpose of the Constitution is to
ensure equity and fairness. Article 17 of our Constitution abhors discrimination based on ethnicity, religion, gender and the like.
Article 17(3) defines discrimination which also affects property ownership. Granted that the State in its wisdom has divested land to its rightful owners for which the pecuniary benefit accrues to them, it is equally fair and equitable for us to consider also divesting lands within the other regions of Ghana to ensure that the allodial owners of land, get to reap the benefit from the use of land.
Mr First Deputy Speaker 4:14 p.m.
Hon Chairman of the Committee and Hon Deputy Minister, are you listening to this argument? This point he is making is very critical and I want people to pay attention. He is saying that the Constitution divested lands in certain parts of the country while they retained others.
He is arguing that it is unfair to continue to have lands in certain parts of Ghana vested in the country while others are not. I think this is a critical point we should pay attention to but the sponsors of the Bill are not paying attention.
Hon Member, please continue.
Mr A. K. Appiah-Kubi 4:14 p.m.
Mr Speaker, thank you very much for bringing the attention of the whole House, particularly that of the Hon Chairman of the Committee, and the Hon Deputy Minister who is present on this very important issue.
If we go through article 257 (1), (2), (3), (4) and (5), there is a clear case of unfairness in the divesting of lands vested in the State. It is also common knowledge and as a practitioner in the land sector, I know how land owners are deprived of their fair income as probably, public servants take advantage thereof.
Mr Speaker, if the Constitution wants to ensure fairness and equity, then I would also imagine --
Alhaji Collins Dauda -- rose
-- 4:14 p.m.
Mr First Deputy Speaker 4:14 p.m.
Yes, Hon Member for Asutifi North, what has he said which is -- ?
Alhaji Dauda 4:14 p.m.
Mr Speaker, the Hon Member keeps talking about equity in vesting and I think that he is misleading the House. Government vests land based on a particular reason and we do not have one reason running through all vestings. Therefore, if in the view of Government, the purpose of vesting is no more relevant, Government can divest. However, if the purpose of
Mr First Deputy Speaker 4:14 p.m.
So, there is nothing misleading, you disagree with his argument.
Hon Member, continue.
Mr A. K. Appiah-Kubi 4:24 p.m.
Mr Speaker, it is good to disagree but for the purposes of argument and as this is a House of record, I am not referring to compulsory acquisition which is then based on public need. That is the line of his argument. I am referring to vesting of lands to the State and that does not have anything to do with public interest for which purpose it is vested.
It is vested in the State for management and distribution of revenue thereof equitably to institutions and parties. So, this is a total deviation from the principles which I am trying to espouse.
Mr Speaker, all that I am saying is that the same Constitution that we operate under article 296, also abhors discrimination in the use of power. If the Constitution does not allow indiscriminate use of power to the disadvantage of certain parts of the
population, then if it is necessary to divest land from Government to allodial owners, it is equally fair to consider other parts of the country.
I was counsel in a particular case in the Krobo area where vast lands had been vested in the State. So far, no revenue has been given to the members of the family who owned the land and we have been battling this matter in court. It is clearly indicated that the land is vested in the Government but they have not received anything.
The Colonial Court gave compensation but the Colonial Government did not pay. Ghana has not paid them and they have nothing. This is a very poor family, yet the land is vested in the State. We all know what one goes through when one applies for payment of compensation. A family that had been given judgement on the vesting of their land to share part of the revenue accruing from the land cannot get it.
Mr Speaker, it is based on this that I urge the House to also consider the interests of other people. If we are going to manage the Constitution to ensure fairness and equity to all citizens of the country, then we must as well also look at them and see how we could divest the land.
Divesting public land does not necessarily mean we cannot reacquire it under compulsory acquisition under article 20 if the need arises. That is not the case. In all cases, when the need arises for the use of land for public interest, the State has the right under article 20 to compulsorily acquire it, provided that adequate compensation is also paid promptly.
Mr Speaker, divesting the land is giving it back to those who own it, so that in the event that the Government does not need it, they can also use the land for purposes that suit the interest of the family or stool in issue.

Mr Speaker, I am very happy that the Committee has done this work to consolidate all laws related to lands. However, I want to call the attention of the Committee to also look at the inequitable vesting of lands in the State, to the disadvantage of the original land owners.

Mr Speaker, if we look at decided cases in the Greater Accra Region in respect of public lands -- I would want to refer you to the La Wireless case. The La wireless lands belonged to the people from La. The state acquired those lands for a particular purpose which was defeated.

However, the courts interpreted the use of the land for real estates as part of public usage of land. I would not fight against that, but subsequently, such properties have also been sold to private persons.

Mr Speaker, have we not taken the genuine revenue that should accrue to the family to persons that are not members of the family? In most cases, the people who profit the most are public servants who are in the land sector.

Mr Benito Owusu - Bio -- rose
-- 4:24 p.m.
Mr First Deputy Speaker 4:24 p.m.
Hon Member, hold on.
Yes, Hon Deputy Minister for Lands and Natural Resources?
Mr Owusu-Bio 4:24 p.m.
Mr Speaker, I do not want to interrupt the Hon Member on the Floor, but he used the phrase, ‘‘subsequently, such lands have been sold to private persons''. That is a bit harsh. I would want to know which ‘‘private persons'' the lands have been sold to?
Mr First Deputy Speaker 4:24 p.m.
Hon Deputy Minister for Lands and Natural Resources, I am sorry, but is that false or harsh? If you say it is false, I would allow him to withdraw it, but if it is true, what do you mean by harsh? Have the lands been sold to
Mr A. K. Appiah-Kubi 4:24 p.m.
Mr Speaker, to allay the fears of the Hon Deputy Minister for Lands and Natural Resources, I am referring to the AU Villas which post-AU conference, private persons are owners of such property and I say this without any fear of contradiction. I do not want to mention names, but I have names of private owners of the property. So, if he is contesting me on the facts then that is a different matter --
Mr First Deputy Speaker 4:24 p.m.
Hon Member, please, I have ruled on it so conclude.
Mr A.K. Appiah-Kubi 4:24 p.m.
Mr Speaker, there are stools in Ghana who also in the process lost lands to the State. Under the Constitution, it is this Parliament that has the power to right all the wrongs within our laws.
That is the more reason I take this opportunity to urge the Committee to look at the provisions under this particular article critically and bring out something that could satisfy the interest of all such pre-acquisition owners.
Mr Speaker, again, as we did this morning, Chapter 25 of the Constitution gives us the methodology to correct the wrongs within the law. It is only Parliament that can bring fairness to such people who have lost their lands to the State.
rose
Mr First Deputy Speaker 4:24 p.m.
Hon Leaders, you would have the last words so let me --
Very well. Hon Majority Leader?
Minority Leader (Mr Haruna Iddrisu) 4:24 p.m.
Mr Speaker, I would be very brief and I pray that you would accommodate any of my Hon Colleagues at the backbench.
Mr Speaker, I just want to appreciate that we support the consolidation of the Land Bill, but I have an article which states that ‘‘Achieving improved land governance, -- Ghana has had five decades to address its weak land administration system.'' The source of the article traces this statement since independence. It says that ‘‘the citizens of Ghana have dealt with a
dysfunctional land administration system with two over lapping systems. The inefficient state land bureaucracy and customary land tenure system''.
I pray that this legislation would attempt to deal with this problem that is at the heart of the crises of land acquisition and the right to land ownership and related matters in Ghana. A dysfunctional state bureaucracy which purports to be responsible to deal with it while the Constitution as my Hon Colleague referred to --
Mr Speaker, with your permission, I beg to quote article 257 just to emphasise the nature of the problem we should deal with. Article 257(1) says:
“All public lands in Ghana shall be vested in the President on behalf of, and in trust for, the people of Ghana''.
Mr Speaker, again, with your permission, I beg to quote article 257(3), which says 4:24 p.m.
“For the avoidance of doubt, it is hereby declared that all lands in the Northern, Upper East and Upper West Regions of Ghana which immediately before the coming into force of this
Mr First Deputy Speaker 4:24 p.m.
Hon Minister for Communications, did you say ‘‘spouses'' included men?
Mrs Owusu-Ekuful 4:24 p.m.
Mr Speaker, indeed, I said so. ‘‘Spouses'' include both men and women and the intention of the Constitution is that a property right of spouses legislation be passed by this House as soon as practicable after the coming into effect of the 1992 Constitution.
I agree with the Hon Minority Leader that 27 years on, we have done a great disservice to spouses in this country.
Mr First Deputy Speaker 4:24 p.m.
I am not sure that we are ad idem on the definition of ‘‘spouses'' because after some point, we were made to believe that the ‘spouses' referred to one group and not the other.
Yes, Hon Minority Leader?
Mr Iddrisu 4:34 p.m.
Mr Speaker, the correction has been noted. However, I was carried away by the patriarchal nature of Ghanaian society which
provides for the domineering role of men against women and I do share the view that pursuant to article 22 (2) of the Constitution, this Parliament must do right to ensure that we just do not have an Affirmative Action Bill, but we have something to regulate matters which relate to spousal rights.
Mr Speaker, in concluding, when we look at this Bill, investors across the world complain about the process to acquire land in Ghana and what is painful is the double acquisition of land. Our land system is fraught with conflict and fraud of double ownership and double sale of it. This Bill, must strengthen the institutions to be able to deal with it.

Mr Speaker, when it comes to customary law and customary land, unfortunately, the State can only regulate it through Parliament through a Bill. But our hands are tied except under article 20 of the Constitution where the State could come in, relative to exercising the mandate of compulsory acquisition.

Mr Speaker, one source of the problem is that, successive governments have not also been fair to traditional rulers and authorities.

When you compulsorily acquired a land, in some cases, the State did not even pay compensation.

Secondly, when we are departing from the original purpose for which the land was acquired, we do not want to involve the traditional rulers and owners of the land. We need to rectify that and government must pay adequate compensation when it wants to engage in the matter of compulsory acquisition.

Mr Speaker, this House must support this Bill, but we must seek to strengthen and improve land reforms and governance in Ghana which makes it our wealth and makes it a complex resource that we need not just in the management of our mineral resources and others, but even the right to property ownership in Ghana. These days, when you go to the court, the case would be cited and adjourned, and we would have several years of litigation.

Mr Speaker, I would conclude on what every student of law was familiar with relative to the acquisition of allodial title against customary interest, against common law interest and the free will interest.

I thank you, Mr Speaker.
Mr First Deputy Speaker 4:34 p.m.
Yes, Hon K. T. Hammond?
I wanted to avoid moving from one Muslim to another Muslim contributing. Now, I have no choice.
Mr Kobina T. Hammond (NPP -- Adansi/Asokwa) 4:34 p.m.
You are back to a Muslim, but I am not sure we are going to do it entirely Islamic.
Mr Speaker, I must admit that I am quite excited that this Bill has finally found its way to the floor of this House. Let me quickly deal with two matters that have been raised by the Hon Minority Leader and the Hon Deputy Minister behind me. I think the Hon Deputy Minister is dealing with the matter pre-article 20(5) of the Constitution.
He talked about the situation where land which is compulsorily acquired subsequently reverts to the government and not necessarily to those from whom it was acquired. I understood that to be his concern by reference to article 20.
However, I think post article 20(5) of the Constitution, it is clear that if the Government compulsorily acquires a property and subsequently sees no public interest in its usage, the property, by virtue of that provision, goes back to the original owners. Of course, provided they have the
Mr Kobina T. Hammond (NPP -- Adansi/Asokwa) 4:34 p.m.


resource to refund the money that was originally paid to them. If I am wrong, he would make time. We do not have time, and so let me proceed.

Mr Speaker, then the Hon Minority Leader and quite a couple of Hon Members before me made reference to the vesting of title to property in various parts of Ghana. Again, my Hon Colleague, the Hon Deputy Minister also made that point.

Mr Speaker, those are constitutional matters. For now, we should concentrate our fire on the Bill that has been brought before us. The vesting and all those things are matters provided for by the Constitution. We are not about changing the Constitution now. So I guess we would deal with the matters that are set up in the Bill.

The Hon Member for Asutifi South --
Mr First Deputy Speaker 4:34 p.m.
Hon Member for Adansi Asokwa, please hold on.
Yes, Hon Member for Asante Akim North?
Mr A.K. Appiah-Kubi 4:34 p.m.
Mr Speaker, thank you very much for the opportunity.
My Hon Senior is inferring that my submission was based on compulsory acquisition under article 20. That is not the case. I am talking about vested lands and the gravamen of my submission is that let us return --
Mr First Deputy Speaker 4:34 p.m.
Hon Member, you are re-arguing your point. He misread you, but what you said is on record. It is different to what he spoke to.
Hon Member for Adansi Asokwa, please continue.
Mr Hammond 4:34 p.m.
Mr Speaker, I actually said if that was not the point, he should forgive me and let me make progress.
Mr Speaker, the Hon Member for Asutifi South made the point that this Bill is a consolidation of all the other laws concerning land in the country. I think he should read the very first line. It talks about the object of the Bill being to revise and to consolidate. I would have been disappointed if it was entirely about consolidation of the law but not a serious revision.
Mr Speaker, when it comes to dealing with the specific details of the Bill, we should make sure that we address the problems that have attended the acquisition of land in this country for all these years. I share the
opinion of all the other Hon Members who have spoken. Land issues in the courts stay ages. There was one I read the other day under the then Chief Justice, Her Ladyship Georgina Wood.
It had been sitting in the court for over 40 years. The Hon Minority Leader is talking about 50 and 60 years, which are all true. Let us take this opportunity to revise the land laws of this country. It makes sense if we have one compendium of document which contains relevant and sensible laws in this country. Mr Speaker, the English Law of Property, 1925, is still alive and kicking. It is extremely healthy and working. We do not seem to have any sensible laws regulating land.
Land is so important in the industrialisation and development of any country. It is next to power; the fulcrum of which development of the country revolves. Yet, there are litigations all over the place. I bought my piece of land the other day. Mr Speaker, go and see. A bloke from Nigeria came -- I went to London and when I came back, in the two weeks I was away, he has built a two storey on my plot of land.
I provided my documents and he also provided his documents. What
do we do with this? It is because by the various laws of Ghana -- the Supreme Court and other courts are struggling. Does the land title gives a person absolute right to ownership or the registration of lease gives one right to title?
Mr Speaker, there is a lot of conflict and cacophony in the system. We should seek to deal with that once and for all. We would go through the clauses one after the other. If there are many serious challenging clauses in the Bill, we should rectify them.
There is the talk about the Property Rights of Spouses Bill. I think the clause is on the back of the various cases including Otoo v Otoo, Arthur vs Arthur and Boafo v Boafo. I think it is on the back of that.
More so, I think it is on the back of the last one where the Supreme Court referred to some international convention and added that Parliament should seriously respond to the obligation injuncted on it by the Constitution and do the work.
I think there is something in there that we should look at. The clause is predicated on the Christian concept. I am happy that Mr Speaker gets my grift. It is fine; we can leave it in this Bill --
Mr Hammond 4:34 p.m.


actually not a Christian concept, it is an English concept.
Mr Hammond 4:34 p.m.
Absolutely, because our system is obviously based on the English one.
Really, for me, it does not cause any dislocation if we leave it in the Bill as it is and subsequently, when we look at the Property Rights of Spouses Bill, repeat it there. It does not mean a lot for me.
However, I think the principle is fair. We have situations when men in the country acquire property with women and they nicodemously --
Mr First Deputy Speaker 4:34 p.m.
To acquire property with women is joint acquisition. That is what the Constitution requires us to regulate. It is not that merely by the act of marriage, they become joint owners.
That interpretation is what they are forcing for, that because you are married, everything you acquire is jointly owned. No. You must show evidence that you have jointly contributed to the acquisition. That is what they are forcing on us.
Mr Hammond 4:34 p.m.
Sorry, Mr Speaker, I guess I should listen to you properly. What do you suggest that is being forced on us? I need to hear
you out on this, please. I did not quite hear. If you would be kind to repeat that line again?
Mr First Deputy Speaker 4:44 p.m.
Hon Member, read the Bill, clause 38(3):
“In the conveyance of valuable consideration of an interest in land to a spouse during marriage, the spouses shall be deemed to be parties to the conveyance, unless the contrary intention is expressed in the conveyance.”
It is reversing the known principle. If I come to you for a conveyance, you do not assume that it is in my interest as well as my wife's. The reverse is rather, if the woman is a co- owner or if the man is a co-owner, for him or her to prove -- but we do not start from joint ownership before we disprove it.
Mr Hammond 4:44 p.m.
Mr Speaker, on this, I am afraid I am not in your good companionship. The ladies have a good companion in me. It started with Lord Denning in Ginsberg vrs Ginsberg and Petite vrs Petite when he decided that poor ladies in the families and the women who look after the children and do all the household chores to keep the house
going should ultimately be able to claim some rights of the property acquired by the husband when they are at home working.
Mr First Deputy Speaker 4:44 p.m.
I do not want to debate. But I hope to be at the other Side, so that I can participate in the debate. I have toured the country with other Committee members on this matter.
The view is strongly that if a person is a joint owner, he or she should prove his or her ownership. It is not that by virtue of someone being a wife or husband, he or she is a co-owner of a property acquired by a spouse. That is not what we should probably
-- 4:44 p.m.
Mr Hammond 4:44 p.m.
Mr Speaker, I entirely sympathise with your point on that. As I said, my professional view is as articulated by the Supreme Court in all those cases. I entirely support the principle, except that whether it should be in this Bill or the Property Rights of Spouses Bill, it is a different matter.
Indeed, if Mr Speaker is talking about article 22 itself, you are right. It does not say that when a property is bought, there is automatic presumption that it is a joint property.
It says that they should jointly acquire it. So if a spouse does not contribute, he or she does not become joint --
Mr Speaker, that is not my point. The point is, the right as articulated in the 1970s by Lord Denning in the Ginsberg and Petite cases, up to the ones articulated by the Supreme Court, Boafo vrs Boafo, Arthur vrs Otoo, I think is the right way to go about it.
Mr First Deputy Speaker 4:44 p.m.
Hon Member, I did the Boafo vrs Boafo case at the High Court. So, we articulated evidence of contribution. It did not happen by just close of being a partner. They showed evidence. They brought other people who were living with them in Germany.
So sometimes, the interpretation is as if, just because he was a partner - - But we put evidence in to show that they were co-contributors in the acquisition of the property. That should be the principle.
Mr Hammond 4:44 p.m.
Mr Speaker has strong views on a matter like that then that matter gets fairly interesting. We will wait and see what the Rt Hon Speaker would say on this one.
Mr Speaker, moving forward from that particular point, in all, this is a particularly, interesting document. It
Mr First Deputy Speaker 4:44 p.m.
Yes, Hon Member?
Mr John Majisi (NDC - Krachi Nchumuru) 4:44 p.m.
Mr Speaker, I thank you for the opportunity to contribute to the Motion on the Floor.
I would want to thank the Committee for an elaborate work done. I was very happy as a Member of the Committee when I saw persons with disability being part of the process. There is a slogan, “Nothing about us, without us...” So, for persons with disability to be part of the process is a fulfilment of their thoughts.
Mr Speaker, I observed something about accessibility. One of the things that have been highlighted in the Sustainable Development Goals (SDGs) is the issue of accessibility. When we were in Koforidua to look at the clause by clause examination, what I realised was that the visually impaired persons who were there, never made any contribution. The problem was that the document that they had was print. So, they sat there throughout the whole process and never contributed.
Mr Speaker, I would suggest that as we look at accessibility as far as this Bill is concerned, we must begin to look at the document that we would
produce to ensure that persons with disability can have access to the documents.
Mr Speaker, on paragraph 8.2, which talks about the people qualified to do conveyances. The Hon Member has already commented on it. He maintained that it is only legal practitioners who can do it. But as we go through the document, Mr Speaker, with your permission, I beg to read:
“The Committee, in Clause 32 of the Bill, noted that conveyancing can only be done by legal practitioners according to the Legal Profession Act, 1960 (Act 31), for the reason that conveyance is a legal document.
It was however gathered that in some other jurisdictions like South Africa and Australia, conveyancing is done by professionals who are not necessarily legal practitioners…”
Mr Speaker, we should not just allow only legal practitioners to do the conveyancing. Once in other jurisdictions there is a good practice which is that other professionals can be allowed, people who are qualified, those who have knowledge in conveyancing should also be allowed to do so.
Mr John Majisi (NDC - Krachi Nchumuru) 4:54 p.m.
Mr Speaker, my last point is on the establishment of customary land secretariat. It is also a very good idea. It would enable us have administration in the management of land to be at grassroots; at the various traditional areas. Mr Speaker, how would we finance the secretariat?

There are a lot of initiatives that we have; but when it comes to management, it becomes a very difficult problem. Mr Speaker, we should look at how we shall fund this Secretariat in order that they can do exactly what we expect them to do.

Thank you, Mr Speaker.
Minister for Communications (Mrs Ursula Owusu-Ekuful) (MP) 4:54 p.m.
Mr Speaker, the Land Bill, 2019 is a laudable idea. I believe that the provisions in clause 39 seeks to solve a difficult situation that this House has imposed on all spouses in this country with our inability to pass the Property Rights of Spouses Bill.
I recall that the Supreme Court has also made pronouncements on what qualifies as contribution towards the acquisition of matrimonial property. So I do not think that should engender any debate in this House
Mr First Deputy Speaker 4:54 p.m.
Who does “you” refer to?
Mrs Owusu-Ekuful 4:54 p.m.
Mr Speaker, I said I cannot engage in a debate and I dare not --
Mr First Deputy Speaker 4:54 p.m.
I have not spoken since you started.
Mrs Owusu-Ekuful 4:54 p.m.
Mr Speaker, I dare not even contemplate that. That was why I said that I will
not even begin to dream about engaging in a debate with you or dispute the comments that you have made in this regard.
I would want to urge Hon Colleagues to be mindful of the pronouncements of the Supreme Court on this matter when we come to draft this legislation --
rose
Mr First Deputy Speaker 4:54 p.m.
Hon Member, are you on your feet?
Hon Minister, please hold on.
What has the Hon Minister said that is objectionable?
Mr Amankwah 4:54 p.m.
Mr Speaker, I would want to be clearer in my mind when it comes to spousal rights to property. Mr Speaker, I believe the Supreme Court has made a ruling to that effect, and --
Mr First Deputy Speaker 4:54 p.m.
Hon Member, what has she said that -- ?
Mr Amankwah 4:54 p.m.
Mr Speaker, the principle of substantial contribution is no more, and it depends on the swing mood of the judge.

Member, if you want to contribute, I will give you the opportunity; but if you intervene, you must prove that the Hon Minister is misleading the House or she has said something wrong. If you would want to contribute, I will give you the opportunity.
Mr Amankwah 4:54 p.m.
Respectfully, Mr Speaker, my Hon Colleague is somehow misleading the House in that if you look at article 22(3) of the Constitution, it says:
“With a view to achieving the full realisation of the rights referred to in clause (2) of this article -
(a) spouses shall have equal access to property jointly acquired during marriage;
(b) assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage.”
Mr Speaker, I am of the view that -- ?
Mr First Deputy Speaker 4:54 p.m.
What has the Hon Member on her feet said that --
Mr Amankwah 4:54 p.m.
Mr Speaker, the issue of the substantial contribution
principle is no more based on -- [Interruption.] That was the impression she sought to create.
Mr First Deputy Speaker 4:54 p.m.
Hon Member, you are out of order. I will give you the opportunity to contribute.
Mrs Owusu-Ekuful 4:54 p.m.
To conclude, we should give effect or craft legislation that would protect the interest of all the citizens of this country who contribute towards the acquisition of property during the pendency of a marriage.
Mr Suhuyini Alhassan Sayibu (NDC -- Tamale North) 5:04 p.m.
Mr Speaker, thank you very much for the opportunity to contribute to the Motion.
Mr Speaker, indeed, the Land Bill, 2019 has come at a very good time, and there are a number of provisions in it that would help sanitise the land administration system in this country.
I would urge Hon Colleagues to pay particular attention to the processes that would lead to its passage, so that we could all contribute meaningfully to helping address the challenges that many of our citizens face when it comes to the acquisition and utilisation of land in this country.
Having said this, I would also, even at this stage, wish to just draw attention to a number of provisions that I also find interesting and hope that at the Consideration Stage, we would all brainstorm to make the law better. Mr Speaker, there is a suggestion of payment for consent to assign. This is a provision that, from my reading, threatens the existence of the State Housing Company Limited
(SHC).
According to their records, 80 per cent of the revenue of SHC comes from the payments that they get as a result of the assent that they give during vesting. Mr Speaker, the problem with this non-payment-- even though some other provisions have been made to cater for some level of payment to be determined, I still think that we would have to take a second look at what we really want SHC to do in the face of this law once it is passed.
Mr Speaker, if it would lead to a denial of about 80 per cent of its revenue, then one would wonder how the operations of SHC would be impacted, moving forward.
Mr Speaker, the absence of consent again, according to experiences of people who have worked especially at SHC, has led
to chaos in some cases because of fraudulent letters of administration that some families have presented to make claims on properties that are in the names of other people. So we would have to look at that.
Again, if we look at the issue that has come out in relation to the transfer of property to spouses, I would caution that sometimes we do not copy blindly. I have spoken to a number of people and as a member of this Committee, also listened to a number of presentations that have been done.

I am yet to really understand the mischief that this particular provision is supposed to cure as far as our peculiar state, as a country, is concerned.

Mr Speaker, I, for example, know of the co-ownership that exists in Kenya, and its basis is supported by statistics. We have a situation where the population, for example, is almost one is to one but according to data, five per cent of women hold titles or deeds with men, and only one per cent was held by women alone. Yet, 89 per cent of the subsistence farming labour force is by women. They also have 32 per cent of households headed by women.
Mr First Deputy Speaker 5:04 p.m.
Hon Member, when we come to the Consideration Stage - I looked at it from a point of view of conveyance; once I come to you, you ask me whether I am married and I say yes.
It is because of that it should be in your joint names -- that is what the provision says. Whether that is the appropriate thing in any relation, I think that is what we should consider. We have spoken enough about those things; let us move to other areas.
Mr Sayibu 5:04 p.m.
Thank you very much, Mr Speaker.
I am just saying that I hope that as we approach the Consideration Stage, we would all have this at the back of our minds. We should actually have a reason to consider to either allow the law as proposed to be maintained or for it to be changed.
Mr Speaker, as I have indicated, I am yet to find the mischief that this law is intended to address.
Mr Speaker, on this note, I would like to thank you for the opportunity, and I look forward to a very fruitful discussion and consideration of this Bill.
Mr First Deputy Speaker 5:04 p.m.
Nobody else in the Majority wants to contribute?
Yes, Hon Minority Chief Whip?
Alhaji Mohammed-Muntaka (NDC --Asawase) 5:04 p.m.
Thank you very much, Mr Speaker.
I would like to urge my Hon Colleagues that this is a very important Bill that we must all find interest to read and try to participate actively in because of its nature. It tries to resolve a problem not peculiar to Accra, Kumasi or Takoradi but across the country. It is important that all of us advert our minds to it, and try to relate it to our areas to be sure that when we get to the Consideration Stage, all the concerns across the country would be properly captured.
Mr Speaker, secondly, some of the points have been made earlier, but just to emphasise that we need to find ways of resourcing the Customary Land Secretariat that this Bill tries to create. It would be extremely difficult for it to operate effectively without funding.
This is because sometimes we all forget-- especially where those of us who have the privilege of coming from urban centres where land is very expensive and owners make a lot of money out of that, without adverting our minds to the rural areas and to the deep hinterlands where the lands
are vast there but at this particular moment, they are not of very high value and therefore sales from them do not really yield so much.
We would take advantage of the Customary Land Secretariat to make sure that the mess that we have currently in the well-urbanised areas -- definitely, one day we would get there so that it does not translate itself to these areas, and we are able to monitor and make sure that everything there is right before we get to the murky situation that we find ourselves in most of the urban centres.
Mr Speaker, it is also important that when we get to the Consideration Stage, I am of a very strong view that this issue of “this is our land, if anybody wants to use it for any development, one must give compensation” -- I do not know how we would marry what is in the Bill and what is in the Constitution. This is because we should be mindful that there were times that people conquered and took these lands; people fought to take the lands.
They defeated the people and took the whole of that land. Today, because of our constitutional arrangement and statehood, one cannot conquer and take lands. So we make it look as if
Alhaji Mohammed-Muntaka (NDC --Asawase) 5:14 p.m.
since others have conquered, let them hold it and let them be the sole owner of how it could be used.
Mr Speaker, sometimes we all say these things. I know that we do not want to say what we have to say or do what we have to do because of political correctness. Nobody would want to muster courage to even say some of those things.
There is no single developed country in the world where lands are scattered in the hands of all manner of persons. So if our aim is to develop, we need to start re-thinking the land ownership system that we have in our country.
This is because so long as one holds it because he had conquered it from say my Hon Colleague from Old Tafo, but now because of constitutionalism he cannot fight and take it back, yet he has all interests that come with it to make all manner of demands to have them even if he wants to develop it, that would inure to our benefits.
Mr Speaker, whether we like it or not, we may have the laws but the fight would continue. That is why we sometimes hear of the unnecessary fights. Sometimes it is just over a piece of land for farming -- this land is mine, and henceforth I ban the other
person from farming on it, and the other person also says that ‘come and take it and let us see'. He then prepares his army to fight.
Let us re-think how best to safeguard our development. Mr Speaker, I remember when I was a member of the Committee on Poverty Reduction Strategy, we went to an area -- I do not want to mention the specific name. The paramount chief talked about a mining company, the money they paid and the bad nature of their roads.

When we went in to analyse how much money, by way of royalty, from the company that had gone to him, it was mind blowing. And I asked; Nana, with the greatest respect, what do you do with this money? He said he used it to pour libation and keep the stool. This is to whose detriment? It is to the detriment of those he heads.

We must take advantage of this law to make sure that -- [Interruption] Yes, he may take that money, but he must specifically use it for some purposes. Not just take the money, make it his and use it anyhow.

Mr Speaker, these are the realities of our time. People sell these lands and want to live lavishly at the expense

of the poor communities that they are heading. Meanwhile they are holding those lands in trust for the people. I would want to believe that today, if we go round most of our towns and villages, the people would prefer that the Government would even take those lands from their chiefs. Because of what they see their family heads, chiefs and others do.

Let me admit that some do very well with what they have and the little money they make. They use it to improve the lives of their people. Others just think that everything in relation to development must come from the Government. So no matter how much money they get out of these things, they think that it is for them as their private property.

Mr Speaker, let us take advantage of this Bill to correct most of the wrongs. I know some are very difficult to do, especially where we may consider this clause by clause in an election year. I know the difficulties and how we may be grounded. The way we do our politicking, where we all hide and lay ambush on each other is unfortunate.

If the National Democratic Congress (NDC) says this, then the New Patriotic Party (NPP) must counter to make it look like they are

the good ones. If the NPP does something and the NDC wants the populace to think that they are the good ones -- So long as we continue to do that, development would elude all of us.

Lastly, with this issue on joint ownership, I know we would get there. Sometimes all of us who talk and centre our arguments on spouses, I do not know how many of us have parents who have us as their life insurance. I can at least, talk for myself.

I saw my mother toil every day, and was unable to even buy a piece of cloth just because she had to bring us up. Now that we are responsible citizens and have married, all of a sudden, my siblings and I argue about spouses. I find it very ridiculous.

I can say that if not for God and we, her children -- She has used all her strength, during her youthful age, to take care of us. Why should my siblings and I talk about our spouses and not factor her in? Without her, I would not have been alive and would not have had my education.

She is the single most important person in my life because no other person has made the kind of investment that she has made in me.
rose
Mr First Deputy Speaker 5:14 p.m.
Hon Minority Chief Whip, hold on and let me listen to the Hon Member for Manhyia North.
Mr Amankwah 5:14 p.m.
Mr Speaker, this is a constitutional provision. Article 22 (3) of the Constitution is clear when it comes to the sharing rights of spousal property. So for a whole Hon Member of Parliament (MP) to make an assertion that he does not see any logic in what the law states is very unfortunate.
Mr First Deputy Speaker 5:14 p.m.
Hon Member, do you know which specific clause he is referring to?
Mr Amankwah 5:14 p.m.
Mr Speaker, he is asking why we are so interested in spousal rights, not to talk about --
Mr First Deputy Speaker 5:14 p.m.
Hon Member, look at clause 38(3) of your Bill. Do you not have a copy of the Bill? Let me read to you what is here. It says:
“In a conveyance for valuable consideration of an interest in
land to a spouse during marriage, the spouses shall be deemed to be parties …”
That is what he is referring to. Why should we, while he has parents who invested heavily in him, consider only spouses. So he is not out of order nor is he breaching any constitutional rule. You are out of order.
Hon Minority Chief Whip, please conclude.
Mr Amankwah 5:14 p.m.
Thank you, Mr Speaker.
Alhaji Muntaka 5:14 p.m.
Mr Speaker, who says that every provision of our Constitution is right? Then we would never have constitutional amendments. It may be there for the exigencies of the time that the Constitution was promulgated. That is why periodically, people tease us on issues with the Constitution for possible amendment, whether entrenched or non-entrenched.
Even with the argument he made, I believe the Constitution does not even talk about that exactly. Like Mr Speaker said, I am talking about the Bill and saying that when it comes to these things, let us be a bit careful. For example, where I was born, even though I am not an Akan, a lot of Akans inherit from their uncles
matrilineally. That gives one a solid foundation. Yet, anything one does to build on it, do we say it is for a joint spouse? Are we being fair to the family?
Let us look at this based on our traditional setting and be sure that whatever we do would not be to the disadvantage of any group. We should be very mindful of our culture. Who says everything European or American is right? The time for us to think African is now.
Let us take our time to read this Bill very well, so that when we go clause by clause, we would be able to have very meaningful discussions. By the end of the time when we would have this Bill assented into an Act, it should, if not be able to solve all the current problems that we have with the land tenure system, but it should be able to deal with it to a very large extent such that the challenges would be drastically reduced.
Mr Speaker, thank you very much.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 5:14 p.m.
Mr Speaker, I also want to add my voice to the issue before us in respect of the Land Bill.
This House started working on this Bill way back -- The first time it came
to this House, as I remember, was 1998. At the time, it was suggested that we really needed to work on the land administration reform project before we came to the reformation of the matters relating to land. Thereafter, it has been on the backburner for such a long time.
Mr Speaker, at the time, lawmakers and land administrators from East Africa; in particular, from Uganda and Kenya as I recollect, came to Ghana to understudy what we were doing with our land administration reform project.
They went back, and appropriate legislations have ensued from what they came to Ghana to understudy, as we were doing. More than 20 years after the initial attempt, we are still where we are and that certainly is not good enough for us as a country.
Mr Speaker, before I proceed, I think that it is important to respond because a lot of people have spoken to the content of article 22 of the Constitution. Article 22, which is on the Property Rights of Spouses Bill, does not really talk about equality in the sharing of property. I want to read article 22(1) for the avoidance of doubt.
“(1) A spouse shall not be deprived of a reasonable provision out of the estate of a
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 5:24 p.m.
spouse whether or not the spouse died having made a will.”

Mr Speaker, the operative word there is “reasonable” and not “equality”, but reasonable provision out of estate of a spouse whether or not a spouse died having made a will. Aside that article 22 (3) says:

“With a view to achieving the full realisation of the rights referred to in clause (2) of this article -

(a)spouses shall have equal access to property jointly acquired during marriage;

(b)assets which are jointly acquired during marriage shall be distributed equitably ...”.

Mr Speaker, again, “equality'' was not used. So when we listen to people make the argument that it is equality, it is not constitutional.

Mr Speaker, as I said, I am happy that this Bill has eventually found its way to this House, and I agree with the Hon Minority Chief Whip that, indeed, all of us should endeavour to apply ourselves to the provisions of the Bill in order for us to pass a law that would be very useful to us.

It is important because land issues in Ghana are survival issues in the sense that property is acquired - and especially, in the farming communities, people depend on the lands for survival. Increasingly, these days, chiefs wake up and then when they see that people express interest in a land, whether for residential purposes or for whatever reason, they go and survey a parcel of land and sell it out.

The people who till the land are denied eternal use of it. With whatever amount that is paid, those people who till the land, do not benefit in anyway. It goes to the chiefs, and that is where the problem is.

This contributes in a very profound manner to further impoverish the people, especially those of them in the rural areas. Yet, by our traditions, no chief owns any land. The lands are held in trust for the people by the chiefs. So what it means is that if there should be any sale, the people who till the land should also benefit, and that is what we do not do right.

Mr Speaker, we should be careful about this. Indeed, article 267 of the Constitution states it and with your permission, I beg to quote it.

“All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage''.

So it is the people who own the land. The chiefs only hold the land in trust. Yet, increasingly these days, they sell the lands. Then when they are confronted, they would ask where one's forefathers were when their forefathers fought for the land.

Is it the case that people fought for lands without any armies to support them? In any event, there are several paramountcies in this country, where chiefs were just allocated parcels of land to look over in trust of the people, and there were no wars. So we must be very careful about the administration of lands.

Mr Speaker, in this country, anybody with a briefcase stuffed with money could buy a land, even in Accra within two weeks. It is the title deed processing that could take the person between four and five years. Why should it happen that way?

Some of the Assemblies that are supposed to enable the purchaser to have title to the land -- after purchasing, the Chief Executives

would have a way to keep the documents somewhere and the person becomes so frustrated and would then decide to do whatever he or she wants.

They develop the parcel of land without anything having been done at that place because they know that if they do not start construction within a year or two, the land could be taken away from them.

So unauthorised structures spring up because we do not regulate our systems well. It is one of the reasons why we have turned our cities into slums and squatter settlements. The places that we grew up, we all acknowledged some of them as very prime areas like the Airport Residential Area and the East Legon which have all become 21st century squatter settlements, which is certainly not the best for us.

Mr Speaker, we need to sanitise land administration in order to encourage investors. The rice project that was started in Aveyime, under former President Rawlings did not end well because of what happened, which had to do with Mrs Cotton.

If the developments had however, not been aborted the way it got aborted through the ingenuity of Mrs Cotton, we would have run into problems because of the rights.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 5:34 p.m.
This is because not too long after the case blew out, the chiefs rose up to claim ownership of that land where appropriate compensation was not paid. So it would have always run into a problem -- how do we encourage investors into our country, when there is no security of tenure?
Mr Speaker, it is happy news that this Bill has come to us. I also think that it would help us, as a country, to raise the appropriate revenue from the land if we regulate its administration better. If we do so, it would help us to raise the relevant revenue, and the Assemblies would be better placed to raise internally generated funds and also, the State.
Mr Speaker, the Constitution provides in article 257(6), and again with your indulgence, I beg to quote:
“Every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for the people of Ghana''.
Mr Speaker, we have faced the menace of galamsey activities. Today, we know that Ghana is the leading producer of gold, for instance, in Africa. How much of it do we tax, and how much of its tax revenue, gets to Ghana?

About 18 years ago, when Ashanti Goldfields Company Limited was operating, they led the effort for Ghana to be able to cross that threshold of producing 1,000,000 ounces of gold. Today, as gold is not in full throttle, we have other private operators in the system and we know Ghana now is producing not less than 2,000,000 ounces of gold every year. How much is coming to the country?

We are struggling to get to terms with what should come to the Republic because most of these activities are on the blind side of the Ministry, and Government is not getting the appropriate revenue from the mining of gold.

Meanwhile, because this is not deep shaft mining but surface mining, they are destroying our vegetation, water bodies and so on, yet Ghana is not benefiting from them. So, Mr Speaker, I believe that it is something that this Land Bill, 2019, must assist us to cure.

Finally, Mr Speaker, article 266 (3) of the Constitution provides:

“Where, on the twenty-second day of August 1969, any person not being a citizen of Ghana had a freehold interest in or right over any land in Ghana, that interest or right shall be deemed to be a leasehold interest for a period of fifty years at a peppercorn rent commencing from the twenty-second day of August 1969, and the freehold reversionary interest in any such land shall vest in the President on behalf of, and trust for, the people of Ghana.”

Mr Speaker, 50 years after August 1969 is August 2019. What is happening is that, those of the chiefs who know this are now harassing the owners of those properties to surrender them. They are supposed to be surrendered to the State. They are harassing them to surrender the properties, and they are taking moneys from them. They are reoccupying the lands without recourse to even the original people who were farming on the lands or own them.

This is the danger we are facing in so many areas in this country. The chiefs have taken over, and they are

taking moneys from most of them occupying these properties, forcibly in some cases. As a nation, we should watch out. I believe, hope and pray that this Land Bill -- That is why I am saying that all of us should apprise ourselves to it to help us cure this mischief.

Mr Speaker, I thank you very much for the little space accorded me to make these observations.
Mr First Deputy Speaker 5:34 p.m.
Hon Deputy Minister, do you want to make any final comment?
Mr Benito Owusu-Bio (NPP-- Atwima -- Nwabiagya North) 5:34 p.m.
Mr Speaker, I just would want to thank the House for the keen interest that this particular debate has generated. I know that as suggested by the Hon Minority Chief Whip, the House -- [Interruption.]
Mr Speaker, I know that, at the end of the day, Hon Colleagues would help to enrich this Bill so that it can stand the test of time.
Question put and Motion agreed to.
The Land Bill, 2019 accordingly read a Second time.

Deputy Majority Whip?
Mr Nyindam 5:34 p.m.
Mr Speaker, we still have two items to work on. We would take item numbered 6, Motion, that the Tree Crops Development Authority Bill, 2019 be read a Third time.
Mr First Deputy Speaker 5:34 p.m.
Yes, Hon Minority Chief Whip?
Alhaji Mohammed-Mubarak Muntaka 5:34 p.m.
Mr Speaker, I would want us to keep the goodwill. You remember the Hon Minority Leader said he was interested? [Interruption.]
Mr Speaker, I am sorry I have been told the issue has been resolved.
Mr First Deputy Speaker 5:34 p.m.
Very well. Item numbered 6 - Motion; by the Minister for Agriculture.
Yes, Hon Chairman of the Committee?
Mr William A. Quaittoo 5:34 p.m.
Mr Speaker, I come under Standing Order 130 to request your leave to allow the Tree Crops Development Authority Bill, 2019 to pass through a Second Consideration Stage in respect of clauses 3, 4 and 22. I have some amendments.
Alhaji Muntaka 5:34 p.m.
Mr Speaker, usually it is advertised or printed to guide us. This is because, he is talking about a number of amendments on clauses 3, 4 and 22. He needs to provide us with some more information for us to appreciate whether we should allow him to go through or not.
Check Standing Order 130. He does not just mention the clauses without telling us what exactly he would want to do with the clauses. He should let us appreciate that before we agree for him to go through the Second Consideration Stage.
Mr First Deputy Speaker 5:34 p.m.
Hon Minority Chief Whip, I am reading Standing Order 130(1). It says:
“…No notice of such Motion shall be required. If the Motion is agreed to, the Bill shall immediately pass through a second Consideration Stage.”
I am not seeing where he is required to provide any information other than the notice he intends that specific clauses go through a second Consideration Stage.
Alhaji Muntaka 5:34 p.m.
Mr Speaker, this is why I said “usually”. This is because, not every Hon Member is in the House. However, we would
want to take the Bill through the Third reading. We are seated, at least, he passed the notice for us to know what he would want to do. But aside that, if you look at Standing Order 130:
“If any Member desires to delete or amend a provision contained in a Bill which has passed through the Consideration Stage, or to introduce any new provision to it, he may, at any time before a Member rises to move the Third Reading of the Bill, move that the Bill do pass through a second Consideration Stage (either wholly or in respect only of some particular part or parts of the Bill or some proposed new clause or new schedule). No notice of such Motion shall be required. If a Motion is agreed to, the Bill shall immediately pass through a second Consideration Stage.”
Mr Speaker, what I am saying here is that, because he would want to take us through the Second Consideration Stage, and has mentioned clauses 3, 4, and 22, we need to appreciate why he would want to take -- [Interruption.] We need to agree before he moves into the Second Consideration Stage. [Interruption.]
Mr First Deputy Speaker 5:34 p.m.
Why do you not wait and listen to him? Let him finish. I would listen to you.
Alhaji Muntaka 5:44 p.m.
Mr Speaker, we need to listen to the reason he would want to take the Bill through the Second Consideration Stage in respect of clauses 3, 4 and 22.

This is because, we have to agree that we should move into Consideration Stage. If the House decides that we do not want to go into the Second Consideration Stage -- [Interruption] -- usually, we give a reason why we want to do that.

So that when we move in, we would now understand that it is because of an omission that we would want to do that, then we would support him to move into the Second Consideration Stage. Instead of just moving in without us knowing; we would need to appreciate why we have agreed that we should go into the Second Consideration Stage.
Mr Kwame Anyimadu-Antwi 5:44 p.m.
Thank you, Mr Speaker.
I would urge my Hon Friend that the objection he raised is not known to the rules.
Mr Speaker, the Hon Member has arrested the Motion and he has asked
Mr First Deputy Speaker 5:44 p.m.
Hon Members, at this stage, the Hon Member who moved the Motion is only required to apply. Once the House agrees and the specific clauses he would want to take through a second Consideration Stage are mentioned, give the reasons for the proposal of such changes, if we agree to them, we would amend them; if we do not agree, we would reject it.
At this stage, we only have to consider the Motion for the specific clauses to be taken through the Second Consideration Stage.
Question put and Motion agreed.
Hon Member, would you want us to do it now? Yes, Hon Member, let us listen to you. I would want to listen and be clear before we go through the Consideration.
Mr William Quaittoo 5:44 p.m.
Mr Speaker, they are clauses 3, 4, and
22.
Mr First Deputy Speaker 5:44 p.m.
Hon Members, clauses 3, 4 and 22 at the Second Consideration Stage.
BILLS -- SECOND 5:44 p.m.
CONSIDERATION STAGE 5:44 p.m.
Mr First Deputy Speaker 5:44 p.m.
Hon Members, clause 3.
Mr Quaittoo 5:44 p.m.
Mr Speaker, clause 3, subclause 3(k) (i), lines 2 and 3, delete ‘fresh' or ‘processed' and insert ‘produce and...'.
Mr Speaker, we have made this amendment from clauses 22 to 27. ‘Fresh' or ‘proceeded' means ‘produce', that is the technical word. The technical words are ‘produce' and ‘product'. So we have to be consistent with what we did after clause 22.
The new rendition is:
“…matters related to the development of the tree crops industry including the import and export of produce and products of tree crops.”
Mr Kwame Asafu-Adjei 5:44 p.m.
Mr Speaker, I object to his amendment.
I propose that after ‘fresh' we insert ‘produce' or ‘processed products'.
Mr Kyei-Mensah-Bonsu 5:44 p.m.
Mr Speaker, I believe the amendment moved by Hon Quaittoo is in line with what was done earlier last week. It is only consequential to what was done. We cited the example of cocoa -- [Interruption.] If value has not been added, that yield is still a produce. If we add value, it becomes a product. So in the industry, they use ‘produce ‘and ‘products'. That was what we did last week.
Mr Speaker, could we make progress? If we do not do that, it would even be conflicted to the proposal that we - in fact, we ought to have done this one first. But Mr Speaker at the time insisted that we should go through and come back, so that he handles this as the Second Consideration Stage. We pleaded with him to relax the rules in order for us to start from clause 3. So it is only consequential to --
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Mr Quaittoo 5:44 p.m.
Mr Speaker, clause 4, subclause 1, paragraph (a),
I am not too comfortable with this ‘a chairperson with at least ten years' experience.'
Somebody may be in a certain position for 10 years but he may not demonstrate competence. In some Bills we have passed recently, we think we changed ‘ten years' experience' to ‘ten years demonstrable com- petence.'
Alhaji Muntaka 5:44 p.m.
Mr Speaker, if my Hon Colleague had just added ‘competence' that would be better. ‘Ten years' is very relevant. Whereas I agree with him that ten years does not mean the person is competent, but if we add ‘competence', it would tie the hands of the appointing authority not to pick just anybody and tell us that the person is capable. I agree on ‘competence', but ‘ten years' is equally important.
He said he is not comfortable with ‘ten years' -- [Interruption.] I thought he said he was not comfortable with ‘ten years.'
Mr First Deputy Speaker 5:44 p.m.
So what are we deleting?
Alhaji Muntaka 5:44 p.m.
Mr Speaker, it means, we are not deleting, but simply adding ‘competence'.
Mr Quaittoo 5:54 p.m.
Mr Speaker, I would want to amend it to “a chairperson with at least 10 years' experience and demonstrable competence”.
Mr Bernard Ahiafor 5:54 p.m.
Mr Speaker, I am opposed to the proposed amendment. The reason being that if you look at the provision in its entirety, the power is given to the President under article 70 to appoint somebody with at least 10 years' experience. The President in appointing the person would take all these things into account. So why do we now tie the hands of the President and how would we determine the demonstrable experience of that particular person? What standards would we -- ? [Interruption.]
If you look at the Constitution, on qualification to the High Court, it says at least 10 years at the Bar. For the Court of Appeal, it says at least 12
years, and for the Supreme Court, it says at least 15 years. The Constitution did not add demons- trable experience at the Bar because the appointment is in the hands of the President, and it is left with him to look at the background of the person once the person has 10 years' experience in doing the appointment.
Mr Speaker, to say demonstrable experience, how do we expect -- ? [Interruption.] Yes, the addition is what I am opposed to. It can be determined if one has spent 10 or 12 years in Parliament, but how would we determine the demonstrable experience in addition to the 10 years? Once we are giving the power to the President to appoint under article 70, he, in exercising the power, should take those things into account and appoint the deserving person to be the chairperson.
Mr Kwabena Ohemeng- Tinyase 5:54 p.m.
Mr Speaker, I am also opposed to the amendment on the grounds that the demonstrable experience is very subjective. No parameters are set to judge that, so, at the end of the day, individuals may have different subjective indicators to get somebody on that condition.
In supporting the Hon Member who spoke last, once the authority is given to the President, he considering
somebody who has served for 10 years in whatever capacity that makes him qualified for the position would look at the entirety of all the qualities that are expected of the person in the bulk of the 10 years he has spent on the job and then appoint him.
Mr Richard Mawuli Quashigah 5:54 p.m.
Mr Speaker, the proposal by the Hon Quaittoo is very appropriate. One can have some experience and yet may not be competent. Competence can be demonstrated by previous performance of an individual or somebody who has held a certain portfolio before.
We can have an Hon Minister who probably could just occupy the seat for four years and not bring anything on board. He would say he has experience all right, but there is nothing to show in terms of performance which is the competency.
Hon Quaittoo is absolutely right, and if we say that the President is the one who would make the appointment, he should be able to source information about such a person in terms of competence. So Hon Quaittoo is very right and that is the way to go. If previously, we just focussed on experience, we did the
wrong thing. This should be the new way to go. Demonstrable competence is very important.
Thank you, Mr Speaker, for the opportunity.
rose
Mr First Deputy Speaker 5:54 p.m.
Hon Member, do you want to amend your proposed amendment?
Mr Quaittoo 5:54 p.m.
No, I still stand by it.
Mr First Deputy Speaker 5:54 p.m.
Then let other Hon Members talk.
Mr Asafu-Adjei 5:54 p.m.
Mr Speaker, before a person is appointed, I believe the President would look at that person's curriculum vitae, and whatever job the person has done would be on the CV. So if the President is not satisfied with the CV, it means the person has not demonstrated enough competence for the President to appoint him and the President will not appoint him.
So there is no need to say the person must have “demonstrable competence”. Demonstrate what? Once a CV is presented, everything is there. We should reject the proposed amendment because it is unnecessary.
Mr Joseph Yieleh Chireh 5:54 p.m.
Mr Speaker, this is the Second Consideration Stage, and what is important is for us to look at what is being added. Indeed, if we say “demonstrable”, it means it is a test one must go through.
What test would one go through to show that he is competent and his experience is demonstrable? Once a person has 10 years' experience in tree crops of whatever chain value, that is sufficient.
If we say “demonstrable com- petence”, anybody can ask: did the President conduct a survey or test and
some persons passed and the other people failed? I believe that the way it is drafted, one must have experience in tree crops of whatever value chain, but not demonstrable c o m p e t e n c e . D e m o n s t r a b l e competence is something that should be shown.
What would one show? Is it 10 years he would show or it is the product that he has? Should we go and see how the person managed his crops for 10 years? No, we should not add anything that would create a problem. The Hon Member should drop the proposed amendment.
Mr Kyei-Mensah-Bonsu 6:04 p.m.
Mr Speaker, in principle, I appreciate the amendment proffered by my Hon Colleague. To say that a person must be known to be of proven or demonstrable competence really does not hang in the air.
We have made laws in this House where we have included this phraseology. We have also sometimes used the words “effective and efficient”. One would ask: how do you measure effectiveness and efficiency in the performance of a person's business?
Mr Speaker, that is why I said that I appreciate the principle, but if that would be an impediment, it could be dropped on account of the fact that
-- and I thought that would be the argument that the power that is given to the President to make such appointments -- you would expect the President to act in accord once with article 296 that he must exercise the discretion in a fair and candid manner, and also ensure that the appropriate thing is done under article
296.

Mr Speaker, it is for that reason that I would support the proposed amendment, but not for the reason that my Hon Colleague said that one cannot resign. Otherwise, how do we manage efficiency and effectiveness which we have coloured with many of our Bills?

Mr Speaker, I just think that we are going back and forth and in particular, considering where we are, and also, the fact that we seemed to agree on the principle except perhaps, the construction, we could prevail on the Hon Colleague to drop that one for us to make progress.
Mr Quaittoo 6:04 p.m.
Mr Speaker, I am trying to bring in this because we are looking at the Tree Crops Industry and we have various value chains; various competitors exist in giving value chains. Some are better than
others; some have been able to move their companies far more forward than others. Like when we come to the oil palm development for instance, we can take something like the New Juaben chief, if such a person is within the industry and he is appointed as the Board's Chairperson, the demonstration of competence is vivid.
Mr First Deputy Speaker 6:04 p.m.
How did he demonstrate competence?
Mr Quaittoo 6:04 p.m.
Mr Speaker, because of what he has done in his company.
Mr First Deputy Speaker 6:04 p.m.
Yes! So we know that for a fact and you would put that into consideration. He did not have to do that in anyway demonstrable. How to demonstrate is where we would have the challenge but because you have knowledge of his experience and competence -- So you do not need to state ‘demonstrable' to be able to use his knowledge and experience.
Mr Quaittoo 6:04 p.m.
Mr Speaker, I take a cue. However, I also know somebody at COCOBOD who has worked there for about twenty-five years, at a point he never moved up.
Mr First Deputy Speaker 6:04 p.m.
You know that so you would not use that person.

experience; he has been working there for more than twenty-five years.
Mr First Deputy Speaker 6:04 p.m.
Experience without result. So, you would drop that one and go to the next one.
Mr Quaittoo 6:04 p.m.
Mr Speaker, I drop the amendment.
Mr First Deputy Speaker 6:04 p.m.
Clause 22?
Mr Quaittoo 6:04 p.m.
Mr Speaker, the very amendment that we did in clause 3 also appears again in clause 4, that is (c); the process and the fresh products are still here.
Mr First Deputy Speaker 6:04 p.m.
I direct that the amendment is consequentially effected by the draftpersons.
Mr Quaittoo 6:04 p.m.
Mr Speaker, that is 4(c), lines 2 and -- so we delete ‘process and fresh products' and insert ‘produce and products'.
Mr First Deputy Speaker 6:04 p.m.
I so direct.
Mr Quaittoo 6:04 p.m.
Mr Speaker, clause 22 (1), line 3, ‘the Board shall, after receipt of …' Mr Speaker, I
would like to delete the word ‘the' between ‘and' and ‘operations' so that it reads:
“The Board shall within thirty days after receipt of audit report, submit an annual report to the Minister covering the activities and operations of the Authority for the year to which the annual report relates”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 6:04 p.m.
Mr Speaker, since we are still at the Consideration Stage, may I with your leave oppose to the article ‘the' that the Hon Member seeks to delete?
This is because it is not just the Authority; it says, ‘the operations of the Authority for the year to which the annual report relates'. So the article ‘the' is referring to something. And I do not think it is redundant; it must be left there. The English Professor is here and I am sure he would agree with me.
Mr Banda 6:04 p.m.
Mr Speaker, I think that the amendment being proposed by the Hon Quaittoo is appropriate because we have the first definite article preceding activities and it would be superfluous to again have a second definite article controlling
‘operations'. We could conveniently delete ‘the' and let the first definite article remain which would then, control ‘activities' and ‘operations' so that it would read:
“…covering the activities and operations of the Authority”.
And I believe it would still make sense without the repetition of the second definite article.
Mr Kyei-Mensah-Bonsu 6:04 p.m.
Mr Speaker, the Hon Quaittoo is right; the amendment is appropriate and I believe we could take it.
Mr First Deputy Speaker 6:04 p.m.
I have already taken the Vote on the amendment. I thought he was going to —
In that case, that brings us to the end of the Second Consideration of the stated clauses.
Are we doing the Third Reading? Very well.
Item numbered 6, Motion by the Hon Minister for Agriculture?
Mr Kyei-Mensah-Bonsu 6:04 p.m.
Mr Speaker, the Hon Deputy Minister who has been shepherding the Bill is with us so if you would allow him to do the Third Reading on behalf of the substantive Hon Minister?
Mr First Deputy Speaker 6:04 p.m.
Yes, Hon Deputy Minister?
BILLS -- THIRD READING 6:04 p.m.
Mr First Deputy Speaker 6:04 p.m.
Hon Majority Leader, we have sat for four hours continuously; we have made up for the time lost in the morning.
Mr Kyei-Mensah-Bonsu 6:04 p.m.
Mr Speaker, there is an appeal to consider Motion listed as item numbered 2 on the Order Paper Addendum.
Mr First Deputy Speaker 6:04 p.m.
Hon Minority Chief Whip, the application is for us to move Motion numbered 2 on the Order Paper Addendum.
-- [Pause] --
Has the Report been distributed already?
Mr First Deputy Speaker 6:04 p.m.
Hon Minority Chief Whip?
Alhaji Muntaka 6:04 p.m.
Mr Speaker, we would ordinarily not object to this but the Report that we want to take has a lot of things in it and has to do more with the Hon Minister for Special Development Initiatives. The moneys involved are a lot and I would just want to plead with the Hon Majority Leader that we stand this down and take it tomorrow.
I know that the Report is for 2018 but it is important that we debate it properly. This is where we would have the US$1 million per Constituency and how the money was expended. Let us not do it now but allocate proper time for it. This has to be debated properly and if we have other things that are not controversial, we would be happy to take them.
Mr Kyei-Mensah-Bonsu 6:04 p.m.
Mr Speaker, this is really a Performance Report and I agree that it may become necessary to delve into it. We could start and if we are not able to finish, we could hang on until tomorrow. This is because we have little space, so let us start.
If we start and we get to a place where we think that we should continue tomorrow, why not? But to say that we should not do it when we also know that we do not have space
between now and 21st December, it is inappropriate to grant this. We can start and if we start and there are issues to continue tomorrow, we can do that.
Mr First Deputy Speaker 6:04 p.m.
Hon Majority Leader, is there anything urgent that we need to consider in this Report because it just came on the Order Paper today and was distributed as an Addendum? If there is anything urgent with a decision to be taken, then we may consider it; otherwise, it is just a Report on expenditures long done.
Mr Kyei-Mensah-Bonsu 6:04 p.m.
Mr Speaker, respectfully, this referral was made way back in July and the Committee has made the Report and submitted it. As I said, there is little space between now and 21st December. If we have to wait until tomorrow or the day after tomorrow to deal with it, I have no fixation on that. I was just saying that given the circumstances of the time, we could start and if we are not able to finish, we continue tomorrow.
I have nothing against that, but I know Constituency issues are matters that would sufficiently agitate Hon Members. I think nothing really stops us from taking it. I myself am weary. As you know, I flew in and have not even gone home to drop my bags. I
came here straight from the airport because I think that we should prosecute the agenda of Parliament.
Mr First Deputy Speaker 6:04 p.m.
Same as me, except that at least, you have gone in and out of the Chamber and I cannot. So please, you must recognise that some people have special needs which are not covered
in the way the Leadership are covered.
Mr Kyei-Mensah-Bonsu 6:04 p.m.
Mr Speaker, on the basis of this last leg of your statement, I would bow out.
ADJOURNMENT 6:04 p.m.
  • The House was adjourned at 6.19 p.m. till Tuesday, 3rd December, 2019 at 10.00 a.m.