Debates of 27 Feb 2020

MR SPEAKER
PRAYERS 11:23 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:23 a.m.
Mr Speaker 11:23 a.m.
Hon Members, Correction of the Votes and Proceedings of Wednesday, 26th February, 2020.
Pages 1 - 10?
rose
Mr Speaker 11:23 a.m.
Yes, Hon Okudzeto Ablakwa?
Mr Samuel Okudzeto Ablakwa 11:23 a.m.
I am most grateful, Mr Speaker, please, on page 8, item numbered 5; ‘as corrected' should be inserted after ‘25th February, 2020' to read “The Votes and Proceedings of the Seventeenth Sitting held on Tuesday,
25th February, 2020 as corrected were adopted as the true record of proceedings” because I did carry out a correction yesterday.
Mr Speaker, the last but one line of the first paragraph on page 9, item numbered 7 should read, “to grant an interview”. So if “an” could be inserted accordingly.
Mr Speaker 11:23 a.m.
I thank you very much, Hon Member.

Yes, Hon Member?
Mr Ras Mubarak 11:23 a.m.
Mr Speaker, I thank you. On page 8, I had sought your permission to be absent for Monday and Tuesday. Is there an opportunity for Hon Members to know when they do apply for your leave, whether or not it has been granted before they travel?
I would be very grateful.
Mr Speaker 11:23 a.m.
Thank you, Hon Member.
Pages 11 - 13
Yes, Hon Member, are you on your feet?
Mr Francis K. A. Codjoe 11:23 a.m.
Yes, Mr Speaker, my name has been reported as being absent on page 8 but I was in the House yesterday and I even attended a Committee meeting as well.
I thank you.
Mr Speaker 11:23 a.m.
Yes, Hon Minority Leader?
Mr Haruna Iddrisu 11:23 a.m.
Mr Speaker, I am sorry to draw you back. It is just that the Table Office and the Committees on Mines and Energy, then Food, Agriculture and Cocoa Affairs will get their figures right as in pages 12, 13 and 14, relative to the approval which was given for Pwalugu.
Mr Speaker, the President's executive approval letter has US$366,011,991.00 for the procurement contract in respect of the 16 MW of electricity. Then, US$55 million, but I see US$52 million in the document though the Chairman of the Committee proffered some corrections, so that we do not get it wrong.
Mr Speaker, finally, the President's letter of 16 th December, 2019 indicated US$474,042,142.00, so the necessary reconciliation of figures are appropriately captured as was recommended by the Committee.
I thank you.
Mr Speaker 11:23 a.m.
Thank you very much. The Table Office should sort this out and authoritatively present the relevant figures.
Pages 13 - 24
Hon Members, the Votes and Proceedings as corrected be hereby admitted as the true record of proceedings.
We also have the Official Report of February 7, 2020; any corrections therein? [Pause] -- [Interruption]
Yes, Hon Okudzeto Ablakwa?
Mr Ablakwa 11:33 a.m.
Mr Speaker, I am most grateful. Please, the word I used in the statement I made in the last paragraph at column 089, was “prejudicial”.
So, if that could be corrected; “prodigies” should be deleted and replaced with “prejudicial”.

Mr Speaker, thank you.
Mr Speaker 11:33 a.m.
Thank you very much, Hon Member for your quick detection of mistakes and astuteness in correcting them. We need that very much in this honourable House.
Mr Ablakwa 11:33 a.m.
Mr Speaker, I know that this will be of great concern to you, having been deservedly awarded only last week by the great Presbyterian Boys' Senior High School (Presec).
Mr Speaker, in the second paragraph of column 093; ‘Odade' as we Presecans are known, has been captured wrongly. It has been spelt; “ O-d-a-d-e-i”. There is nothing like that and it is an abomination. This is the Speaker's alma mater and so, [Interruption] -- they are the greatest of all alma maters and the Speaker's school will not accept this sacrilegious mistake. So the Hansard Department should correct that to be spelt as ‘O-d-a-d-e-e' or ‘O-d-a-d- e-' which represents the mahogany tree. So maybe, some background education will be helpful in respect of what “Odade” means.
Mr Speaker 11:33 a.m.
Thank you very much Hon Okudzeto Ablakwa for your Presec-like assiduity.
The Official Report dated 7th February, 2020 as presented and corrected is hereby adopted as the true record of proceedings.
STATEMENTS 11:33 a.m.
Mr Speaker 11:33 a.m.
Hon Member, before we continue, I would want to make a few observations mainly because our democracy is still young and often described as a fledgling one. This is because there is a responsibility on us all, on whatever Side we belonged to at any given time, to help in its development and strengthening.
Therefore in view of a few comments that we all know of, and some statements that have been made about my directions yesterday, I would want to reiterate that I spoke to both Sides of the House and I did say so categorically. I reminded that the media are most welcome as guests of this honourable House and we will do everything to assist them in the performance of this duty, and we will continue to do so.
While the Business of this honourable House however is ongoing, our distinguished media people should not go outside the Chamber to cover other activities while Parliament; the sovereign body
of the people is actually ongoing. Whether it is from the Majority or Minority at any given time, that is very important.
Hon Members, let us listen carefully and take some of these matters in a non-partisan manner in the interest of the dignity of Parliament as an institution for which you have been elected as Hon Members by the people.
I would want us to, for example, recap that we are Ghanaians and if any respectable chief in any part of our country; north, south, east, west, central and so on has invited the media to cover an event at a palace can you imagine if there should be some people outside the palace doing something else, the media abandoning the distinguished chief and then going to cover that event and rather abusing the Omanhene, chief, Togbe, Nii or Nana? What would Ghanaians think? This is what we are talking about.
Hon Members, I say that our democracy is young, let us learn and act responsibly to help develop it. Everyone who has been brought up in Ghana knows that such conduct in the chief's house will not be proper. So would it not be proper in the House of Parliament?
I have personally supported media freedom since the year 1967, when my first article appeared in the Ghanaian Times, and I have consistently stood by that but no organisation, whether it is the lawyers or doctors or whatever, is perfect and we should be able to streamline and critique so that our country will develop.
I say with pride that I assisted the late Professor Adu Boahen in writing the historic lecture that was given which broke the culture of silence. I physically went with him, his wife and his driver and for three consecutive days, I parked my car in his house and we took every risk and went. I am sure you all know the risk I am talking about and it helped liberate the media. I am not about to change my stance now, and I will say that they need to be developed and strengthened in the right pathway.
Under my leadership, among other things, and with the co-operation of both the Hon Majority and Minority Leaders, we are revising our rules so that the media will be stronger in doing the Business in Parliament and for them to cover even proceedings on the Committee of the Whole.
Mr Speaker 11:43 a.m.


We are for them but they are our children and we must also help and direct them to develop. That is a national duty.

No group of people are beyond criticism, but let us do our reportage professionally; facts are sacred and comments are free. Facts must be reported accurately and when a person says both Sides of the House are mandated to abide by an injunction, you would do this honourable House an injustice because an Hon Member of this honourable House would make comments that would skew that presentation in any direction whether to the left or to the right.

Hon Members, for the records, those who would want to publish in full what was said here and as duly captured by the Hansard may do, but please let us be careful to develop our democracy.

Thank you very much.

Hon Minority Leader?
Minority Leader (Mr Haruna Iddrisu) 11:43 a.m.
Mr Speaker, thank you very much for your assurance to the Parliamentary Press Corps and to the
Ghanaian media in general. I also want to assure them that the Parliament of Ghana would continue to uphold the tenets and rights as guaranteed under articles 16(2) and 21 of the 1992 Constitution. Parliament as an institution is the citadel of democracy and the media remains a strong ally if we want to deepen the ethos of transparency and accountability. I wish to state that as an institution, we would not support any individual or an institution that wants to limit the frontiers of media freedom.
Mr Speaker, the Hon Majority Leader and I and the Director of the Public Affairs Department and the Dean of the Parliamentary Press Corps engaged members of the Parliamentary Press Corps this morning to let them appreciate and to desist from adding weight to the misconstrued directives and guidance that the Speaker gave.
Mr Speaker, they expressed three fundamental concerns and one was on the Questions answered by Hon Ministers. Naturally, they would go out of the Chamber to engage the respective Hon Minister who has responded to Questions on the floor of the House. Also, when there are courtesy calls on the Speaker, they go there to cover as well.
Mr Speaker, we assured them that this House would respect their rights
and we would not interfere in the work that they do. Indeed, it would be fatal to our democracy to limit press freedom or limit the right of the voice of the minority to articulate an alternative opinion as is required under the 1992 Constitution.
Mr Speaker, their other concern was the use of the words ‘unwelcomed guests or strangers, and I explained that you were asking for responsibility from them and as members of the Parliamentary Press Corps, they had a duty to Parliament as an institution. Therefore this is a matter that the Public Affairs Department, together with the Dean of the Parliamentary Press Corps would continue to engage with us on.
However, let nobody go out there, as if there is an effort by Parliament, its Hon Leaders or Hon Members to limit the fundamental freedoms that are guaranteed the media, because that would be erroneous.
Mr Speaker, thank you for this assurance, and we would all continue to uphold those values. As the Minority side, as and when we would choose the platform we want to use to be heard. Let me state for the record that it was not the expectation of the Minority side that while the President was exercising a
constitutional mandate under article 67, the Minority side would want to be heard. At that material time, some members of the media walked out with me but I drove them back and told them that I would not grant any interview until 2.00 p.m. which time I anticipated that the President would have finished delivering his Address by that time. So there was no attempt to compete for space.
However, the media should be mindful of the directive and let this be a family issue. Accordingly, the Hon Majority Leader, my good self, the Director of Public Affairs Depart- ment and the Dean of the Parliamentary Press Corps are very capable of handling this issue in- house. So I think that we should let matters rest because there is no attempt to interfere with your right or limit your power to educate and inform or limit the power of the Minority.
Mr Speaker, thank you.
Mr Speaker 11:43 a.m.
Hon Minority Leader, thank you very much.
I appreciate your comments because it would help all of us to know that this House is speaking with one voice on this very important national matter. The media can cover, but not
Majority Chief Whip (Mr Kwasi Ameyaw-Cheremeh) 11:43 a.m.
Mr Speaker, I think your directive that was issued to the Parliamentary Press Corps yesterday was probably misconstrued by some sections of the media. We have heard various versions of accounts this morning on various media platforms.
I am particularly happy that you have taken time this morning to clarify the issue and to let the whole world know that no malice or bad motive was intended by the caution that you gave.
Mr Speaker, I think that we all have to live up to our responsibilities, and as Hon Members in the course of doing our work, when we go wrong or fail in our duties, we are criticised yet we take the criticisms in good faith.
Mr Speaker, there are occasions that your good self has been taken to the cleaners and it is the media that carry these stories. Yet, you take them in good faith. Also, our Presidents have been criticised and some in cases, they are condemned yet they take all that in good faith. Mr Speaker,
these messages of commendation are carried by this same media.
I do not want to believe that the media is above reproach. So when they err and their attention is drawn to a wrong doing or an omission on their part, I think that they have to also accept it in good faith. We acknowledge and appreciate the important role that the media play in the work of Parliament, because if debates in the Chamber and at the various Committees are not covered by the media, the public may not even get to know what we do as a Parliament. So we work together and we must see each other as partners in development.
I think that what happened was a fatherly advice from Mr Speaker to the media who are working in Parliament and so we should see it as such. I think that the clarification that Mr Speaker has given this morning should put the matter to rest, and from today we should be seen as Parliament and the media working together for the benefit of Ghana.
Mr Speaker, we are grateful for the guidance and advice that you have given this morning.
Mr Speaker 11:43 a.m.
Hon Majority Chief Whip, thank you very much.
At the Commencement of Public Business -- the item numbered 5. We would continue with the debate on the Motion to thank the President for the Message on the State of the Nation.
Hon Member for Adansi Asokwa, Mr K. T. Hammond?
MOTIONS 11:53 a.m.
  • [Resumption of debate from 26/ 02/2020]
    • Mr Kobina T. Hammond (NPP -- Adansi Asokwa) 11:53 a.m.
    Thank you very much, Mr Speaker.
    I rise to contribute to the debate which has followed from the delivery by H. E. the President to Parliament. I take just one item from the third paragraph of page 14 of the
    Statement. This is what the President said:
    “We have also implemented a change from the opaque allocation of Ghana's oil blocks to a more transparent allocation process, and advisedly so. The opaque period, 2013 to 2016, saw, according to the Ministry of Energy, the signature of thirteen (13) petroleum agreements, from which fourteen (14) wells were to be drilled. Not a single well was drilled. In contrast, in my time, over the last three (3) years, there have been six (6) drilling campaigns on three (3) different blocks, with others on the way. We will drill more and find more oil.”
    Mr Speaker, God willing, we would find more oil, but what happens when the oil has been found? I would tell the House about two very sad developments that seemed to be troubling our system now. However, at the moment, let us deal with what the President has indicated.
    With the period in question, 13 blocks were awarded to the companies. We said in this House many a time that those blocks out there are our inheritance for those of us alive today and for our future generation.
    Mr Kobina T. Hammond (NPP -- Adansi Asokwa) 12:03 p.m.
    Mr Speaker, no individual company or group of companies have the authority to hold us to ransom. Any moment a block is awarded, there are conditions in the agreements. There are specifications. There is a time range within which they should do specific programmes and take specific work processes. I know for example that in the years gone by which I think was the time the Hon Member for Ellembelle was the Minister, some companies like Oranto Petroleum gave us considerable difficulties. They failed to abide by the terms of the agreement they signed. The contracts with these companies were terminated.
    Mr Speaker, from all that is happening with the Eni Ghana Exploration and Production Limited, Aker Energy and the rest, we have come to accept that Ghana has a considerable reserve of oil. Why are these companies holding us to ransom? We appealed to those in authority, the Petroleum Commission, to see to the termination of these blocks. They did not do this work. It is about six years down the line, and as the Presidents indicated, they have not drilled a thing. Let us concentrate on those who are serious and get rid of those who would not want to add or join our journey to economic development.
    Mr Speaker, let us look at the sad situation of those who have drilled and who have discovered oil. Two companies come to mind; one is Cosmos Energy that discovered oil which led to celebrations in the country which I think was on the scale a little below when we achieved independence. There was a lot of fun fair in this country when we discovered oil. Tullow Oil joined and in the process became the operator.
    Mr Speaker, again, some of us on the Floor here had the occasion to discuss and complain about the operations of Tullow Oil. It is no longer an open secret. The whole world is now aware.
    Mr Speaker, I have in my hand the Financial Times of London's publication of Tuesday, 10 th December, 2019. There are as many as four articles on Tullow Oil. On the very first page is the caption “Oil boom Star, Tullow plunges 70 per cent after tax to output forecast”.
    Mr Speaker, the gist, the gravamen of it all is that Tullow by its own admission is collapsed. It is right to sell out. Four items are clearly stated in this document. The most worrying aspect is that this country has been made to accept that Tullow Oil and our economic forecast, the Ministry of Finance is predicated on some of
    the indices given by these companies. In the year 2020, Tullow was to embark on a production forecast of nothing less than a 100,000 barrels of oil per day. We have been made to understand that this might even appreciate to about 120,000 barrels of oil per day. It is very clear the industry is telling us that they do not intend to do any such thing. Indeed, they do not even have the capacity to do that. It has now been downgraded and if anything, we are lucky to have about 70,000 barrels of oil per day. This is the story of Tullow Oil. Tullow Oil has indicated that it is ready to sell and leave.
    Mr Speaker, at a point in time, they called the process and the development of the Ghanaian one flagship. At a point in time, we complained on the Floor here that our resources here were financing Tullow Oil's activities in places like Guyana, Uganda and other places. Again, it is reported that because of the activities in those places, our fields are suffering.
    Mr Speaker, it is a clarion call to us as a country, as the President said, to be careful how we allocate our blocks, going forward. Maybe, it is time we started looking at some of the seven sisters. Tullow Oil came in
    with all the credentials, but the papers report that they now have no credibility left. The Chief Executive and the Drilling Operations Manager have been sacked. The story is that they have gone to their banks and financiers and have reported about the dire straits they find themselves in.
    Mr Speaker, there is a worse one than Tullow Oil. That is the matter of Anadarko Petroleum Corporation. In 2009, Anadarko Petroleum Cor- poration wrote letters when the New Patriotic Party (NPP) Administration changed over to the National Democratic Congress (NDC) Administration after the election.

    In the letter, it indicated that they were thankful to the Almighty God that the NPP lost and that it was the Almighty God who brought the NDC Administration to power and they looked forward to a fruitful cooperation with the NDC Administration.

    Mr Speaker, for some strange or interesting coincidence, back in the Administration of the NPP Administration, Anadarko Petroleum Corporation has decided that it is leaving the country entirely. It has
    rose
    Mr Speaker 12:03 p.m.
    Hon Member, do you have any difficultly?
    Mr O. B. Amoah 12:03 p.m.
    Mr Speaker, I have been listening to my Hon Colleague for some time. He has made very serious and categorical statements. For some of them, I wish we could have some supporting documents to be able to also look at some of the allegations and statements that he has made.
    Beyond this place, we may even talk about it, but he may have the documents. I wish that our parliamentary practices and our Standing Orders, some of these documents would be tendered in for us to also have access to them and confirm that indeed, that is what is happening. Some of the statements are against multinationals and major companies in the world.
    Mr Speaker 12:03 p.m.
    Hon Member, please conclude.
    Mr Hammond 12:03 p.m.
    Thank you very much.
    Mr Speaker, indeed, if you wanted me to respond to that, this matter was raised on the Floor in 2009 and these documents that I referred to were tabled here, so they are part of the literature of this House. Of course, if he said that he is interested, I have given him details and the date which
    Mr Speaker 12:03 p.m.
    Thank you very much, Hon K. T. Hammond.
    Yes, Hon George Mireku Duker?
    Mr George Mireku Duker (NPP -- Tarkwa /Nsuaem) 12:13 p.m.
    Mr Speaker, I am grateful to be part of this House to witness what H. E the President delivered to the people of Ghana. Indeed, he was blunt, frank and sincere and I commend him for that boldness.
    Mr Speaker, as my Hon senior Colleague has already iterated, there would not be any industry if there were no drilling, whether offshore or onshore. So if there is a Government that signs 13 agreements without drilling a single well, it is a matter we need to interrogate. They could not have just signed agreements without drilling and that was the nature of the NDC Administration.
    Mr Speaker, I am privileged to also be in this House with the former Minister for Energy, who is seated right here in the person of Hon
    Emmanuel Kofi-Armah Buah who participated in the signing of the 13 agreements. He cannot deny the fact that he could not drill a single well.

    Mr Speaker, that is the way to go. If we want to talk about the oil industry, we need to find oil in commercial quantities and drill it to make us relevant. So he could not just have sat in the office and signed agreements to make them relevant in this industry. He is here, so I challenge him.

    If he wants to speak, I would give him time. I would sit down and give him the time to comment on this.

    Mr Speaker, again, we are making all efforts to drill more, apart from what we have done so far. His Excellency, Nana Addo Dankwa Akufo-Addo, the Commander in Chief of the Ghana Armed Forces, has really done well and need to be commended.

    Mr Speaker, beyond this, when we come to the power sector, we now have a regime that knows that our demand is 200 megawatts on the average. We had a whole Government that signed take or pay for 800 megawatts monthly, meanwhile, we pay US$25 million monthly. This is something that we need to be worried about.

    Mr Speaker, it costs this nation to pay an amount of US$25 million because of take or pay. Therefore I still challenge the Hon former Minister who is here. He was the one who signed those agreements. We have 800 megawatts that we do not use. What sort of arrangement is this? Yet their Administration wants to take back the management of this nation?

    Hon Mutawakilu who is the Hon Ranking Member is also here. I challenge him also and if he has anything to the contrary, then I would give him the Floor. I would sit down for him to speak. Ghanaians are looking at him, and they would listen to him.
    Mr Speaker 12:13 p.m.
    Hon Members, order!
    rose
    Mr Speaker 12:13 p.m.
    Yes, Hon Yieleh Chireh?
    Mr Chireh 12:13 p.m.
    Mr Speaker, there are people watching this debate. The Hon Member on his feet indicates that as one debates, one has the right on his own to give the opportunity to another Hon Member to rise on his feet and make a submission when Mr Speaker is the presiding officer. It is absolutely wrong for him to direct how other people should debate. [Interruption]
    Mr Speaker, he is out of order, so I would want you to bring him to order. This is my point of order.
    Mr Ameyaw-Cheremeh 12:13 p.m.
    Mr Speaker, all that the Hon Member said was that the principal actors, whose names he mentioned are in the Chamber, so if they are willing to respond to the issues that he is raising, then he would give way to them to respond; otherwise, they could keep their silence. Hon Yieleh Chireh should also keep his silence for the Hon Member to continue. If they would want to participate, they are free to do so.
    Mr Duker 12:13 p.m.
    Mr Speaker, I was only giving them the opportunity --
    Mr Speaker 12:13 p.m.
    Hon Member, conclude.
    Mr Duker 12:13 p.m.
    Mr Speaker, we had a former President, H. E. John Dramani Mahama here, who indicated to the Sixth Parliament that he set up the Ministry of Power in 2014, just to solve the power crises.
    Mr Speaker, the question is, “did we see the power crises or dumsor resolved at that time?
    Some Hon Members 12:13 p.m.
    No! No!
    Mr Duker 12:13 p.m.
    Yet, they are telling us to give back the management of this power sector to them. Do they deserve it?
    Mr Speaker, the former President also indicated that pre-paid solar schemes were to be launched in the same year, 2015, to handle the challenges that the micro- entrepreneurs were going through. It rather caused the collapse of the businesses of these micro- entrepreneurs, yet they want the management of the energy sector back. None of the statements that
    were made by H. E. the former President at that time materialised in the energy sector.
    Mr Speaker, on the issue of galamsey, I am very excited that the President indicated clearly, that the battle that he launched was not to fight mining, but rather, it was to tackle the menace of galamsey and that is clear. He only wanted to regularise the sector.
    Mr Speaker, there have been successes, because if you come to my constituency for example, we have trained not less than 4,000 people. If they care to know, Tarkwa Nsuaem is my Constituency. The University of Mines and Technology on their own trained 4,000 people which is commendable.
    Mr Speaker, it is also for us to note that through the Ministry of Local Government and Rural Development, Alternative Livelihood Programmes were launched. That has also been done and is commendable. Therefore there have been successes in addressing this galamsey menace.
    Why are we taking an aspect of what we call the - I would not even mention it. I would leave that one for the press conference organisers to do that. I would however continue to say that the community mining that has
    been launched is making progress. The youth, the women and the men of this country have accepted the community mining principle, and they are cooperating. We would therefore urge them to continue to support the community mining principle.
    We also commend the President for bringing in this community mining principle. We must support him to, prudently continue to manage the power, energy and mining industries. We are sure that by so doing, Ghana would be a better place to be.
    Mr Speaker, I thank you very much for the opportunity.
    Mrs Tina Gifty Naa Ayeley Mensah (NPP -- Weija/Gbawe) 12:23 p.m.
    Mr Speaker, thank you for the opportunity to contribute to the Motion ably moved by the Minister for Information, Hon Kojo Oppong- Nkrumah, to thank H.E. the President for the Message on the State of the Nation which he delivered to Parliament on Thursday, 20 th February 2020.
    Ghana appreciates the threat of the novel Coronavirus which was reported in China on 7th January, 2020 and subsequent to the World
    Health Organisation (WHO) declaration as a Public Health Emergency of International Concern. As of today, 27th February, 2020, Ghana has had 15 suspected cases and all have tested negative.
    To address the challenge of the outbreak, Ghana has activated our national preparedness and response plan along the thematic areas of coordination, surveillance, laboratory, case management, risk communi- cation and logistics.
    The Emergency Operation Centre has been activated and is working to finalise the contingency plans with all the technical members. In the area of surveillance within the country and at the points of entry, a number of activities are being undertaken. We have developed a health declaration form which is being filled by all travellers arriving into Ghana.
    Averagely, we have about 2,500 passengers who pass through the Kotoka International Airport on a daily basis. Walk-through thermo- meters are in use at the airport. A case definition has been developed and shared among the health facilities.

    Noguchi Memorial Institute for Medical Research is the referral point for the testing of suspected cases.
    Dr Kwabena Twum-Nuamah (NPP -- Berekum East) 12:33 p.m.
    Mr Speaker, I thank you for the opportunity to contribute to the Motion on the Floor.
    Mr Speaker, the President's job as far as the health sector is concerned, was cut out for him when he took over the reigns of Government on 7th January, 2017. The state of the health sector in Ghana, was very gloomy. First, the NHIA had close to 12 months arrears, with a mounting
    funding gap which was more than GH¢1 billion (Ghana cedis). This was at the back drop of the fact that the National Democratic Congress (NDC) Government, had inherited reserves of GH¢300 million at the end of 2008.
    Mr Speaker, there were teaming unemployed nurses and doctors who had not been employed since 2012 and the allowances for the nursing trainees were also cancelled.
    However, when the President took over the reigns of Government, he decided to marshal all forces to solve this hydra-headed problems rather than to lament over them. As stated by the Hon Deputy Minister for Health, Mrs Tina Gifty Mensah, by the end of 2020, we would employ close to 70,000 new health workers of all categories and this would include the 2017 and 2018 batch of nurses. In fact, their clearance would be ready in March, 2020. This is totally different from what we experienced under the NDC Administration.
    Mr Speaker, I am glad to add that the nursing trainee allowances which were cancelled by the previous administration have been restored and paid and the nursing students are enjoying it.
    Mr Speaker, with regard to health insurance, the Government did not only clear the arrears of GH¢1.2 billion but as I speak, claims have been paid up to the month of April and some have even been paid for the month of May. However, on the average, the last month paid claims is for April. So effectively, claims are in arrears of six months.

    Mr Speaker, the question we should ask ourselves is, what would have happened to the NHIA if this Government had not met this mounting funding gap in the year 2017? We would have been able to clear all our claims and even have reserves, but we had to start from a very deep hole and we are gradually climbing to the top of the hole. [Hear! Hear!] So sometimes we are surprised when our Hon Colleagues on the other Side who created this mess have the strength to challenge the performance of this Government as far as health insurance is concerned.

    Mr Speaker, in addition to the payment of claims, vetting of claims
    Dr Kwabena Twum-Nuamah (NPP -- Berekum East) 12:33 p.m.
    has been more efficient. As the President said in his Message on the State of the Nation, now, the NHIA is doing mobile renewal and the code to use is *929#. By the end of 2019, five million subscribers had used this platform to renew their membership.

    Mr Speaker, because of the increased confidence of Ghanaians in the NHIA, it is not surprising that by the end of 2019, the number of active members of the NHIS had increased from 10.6 million in 2016 to a whopping 12.3 million at the end of

    2019.

    Mr Speaker, in addition to NHIS, this Government has used drone technology to improve the efficient distribution of blood and essential medicines. The President stated in his Address that the first centre was launched in April at Omenako and a second centre was launched in Mampong. I am happy to announce that just last Friday, anti-snake venoms were dropped by a drone at the Bechem Government Hospital where I used to work. You should

    Mr Speaker, let me talk about the Ambulance Service. This very nice initiative was started by President Kufuor in 2004 with seven centres on a pilot basis in three Regions. The Ashanti Region had three centres; the Greater Accra Region had three centres and the Eastern Region had one centre.

    Mr Speaker, in 2014, the then NDC Government, procured 200 ambulances worth €15.9 million. The sad thing is that, only 30 of these ambulances were delivered after they had received full payment. [Uproar] Guess what? These 30 ambulances, according to experts, were not fit for the purpose. In fact, they had no medical devices in them; and were just like trotro which were procured.

    Mr Speaker, because of this feat, at the end of 2016, even though we had 133 ambulance stations in Ghana, we had only 55 ambulances in the country. So people were just sitting at the centres with no ambulances to work with and they were being paid by the State. This Government

    decided to change the negative tide. The President as I speak, has procured 307 ambulances which are already in the country. So as of today, we have 275 ambulance centres with 307 ambulances.

    Mr Speaker, let me go to health infrastructure. When the President launched these ambulances, we heard some of our Hon Colleagues, led by the former President ask how without infrastructure, we could use the ambulances and that they had built health infrastructure but we are not completing them. We would want to find out between NDC and NPP, who is not finishing the projects of their predecessors?

    Mr Speaker, the Constitution mandates every President, with your permission I quote article 35 (7):

    “As far as practicable, a government shall continue and execute projects and pro- grammes commenced by the previous Governments.”

    Mr Speaker, five polyclinics in the Greater Accra Region at Ogbojo, Ashaiman, Bortianor, Oduwan and Sege were started by the NDC. These have been commissioned and are in use as of May, 2019. [Hear! Hear!] Ten polyclinics in the Central Region at Besease, Gomoa- Dawurampong, Gomoa-Potsin, Biriwa, Etsin Sunkwa, Benponagya, Gyamera, Mankron, Akunfude and Ekumfi-Nakwa have all been completed as of August 2018. [Hear! Hear!]

    Mr Speaker, Phase 2 of the Tamale Teaching Hospital which was
    Dr Kwabena Twum-Nuamah (NPP -- Berekum East) 12:43 p.m.


    Mr Speaker, the University of Ghana Medical Centre (UGMC) which the NDC Administration started and in fact, the former President commissioned in November 2016 has been made operational by this Government. [Hear! Hear!] As I speak, the Out-Patient Department (OPD), Maternity, Laboratory and Diagnostic Sections are in full operation. We need the phase 2 before we can make this facility fully operational and this Parliament has approved a loan for the phase 2 which has already started. In fact, by March 2021, this Government would finish with the phase 2. [Hear! Hear!]

    Mr Speaker, let me talk about the seven hospitals which were started by NMS Infrastructure Limited under the NDC Government. A loan of US$175 million was contracted to finish these projects. The projects are at Dodowa, Fomena, Kumawu, Abetifi, Takoradi, Sekondi and Garu. The sad thing is that these projects which started in 2012 were supposed to have been completed in 2016.

    At the end of 2016, we had exhausted all the moneys but only Dodowa had been completed.

    Fomena was at 70 per cent; Kumawu, 60 per cent; Abetifi, 35 per cent; Takoradi, 50 per cent; Sekondi, six per cent; and Garu, a paltry three per cent.

    Mr Speaker, this country is aware of the fact that the previous Government used part of the money for this project to fund a research activity for their party. In fact, Cambridge Analytica and Joy FM have spoken about this problem. The question is, where is the rest of the money to finish this project?

    Mr Speaker, the loan expired in the year 2016 --
    Mr Speaker 12:43 p.m.
    Hon Member, your source.
    Dr Twum-Nuamah 12:43 p.m.
    Mr Speaker, my source is Cambridge Analytica. This is a research work they did and Joy FM also did a complete one week exposé on this scandal by their reporter called Kwetey Nartey and there was no rebuttal from the National Democratic Congress
    (NDC).
    Mr Speaker, as we speak, this Government has had to repackage the loan, go for extra funding to be able to complete the projects. It is so
    surprising that our Hon Colleagues on the other Side would turn around to accuse this Government of being the one stifling these projects. Where is the money to finish the projects? We need the money to complete the hospital at Kumawu, Fomena and the rest.

    Mr Speaker, so can we say that the government of the New Patriotic Party did not finish any NDC projects? This is a big no. However, let us go to what the NDC did to our projects which were left behind by former President Kufuor.

    The first among them is the project from the Euroget de-Invest. I have in my hand a letter addressed to the Hon Minister for Finance and Economic Planning and signed by Mr Emmanuel Anyimadu, the then Clerk-to- Parliament dated 13th November, 2008 and with your leave, I will read just a few lines:

    “THE HON MINISTER
    MINISTRY OF FINANCE 12:43 p.m.
    AND ECONOMIC PLANNING, 12:43 p.m.
    ACCRA 12:43 p.m.
    CURRENT AGREEMENT 12:43 p.m.
    BETWEEN THE GOVERN- 12:43 p.m.
    MENT OF THE REPUBLIC 12:43 p.m.
    OF GHANA AND EUROGET 12:43 p.m.
    DE-INVEST SA OF EGYPT 12:43 p.m.
    FOR AN AMOUNT OF 12:43 p.m.
    CONSTRUCTION AND 12:43 p.m.
    EQUIPPING OF TWO RE- 12:43 p.m.
    GIONAL AND SIX DISTRICT 12:43 p.m.
    Mr Speaker 12:53 p.m.
    Hon Member, thank you very much.
    Hon Bright Wireko-Brobby?
    Mr Bright Wireko-Brobby (NPP -- Hemang Lower Denkyira) 12:53 p.m.
    Mr Speaker, thank you for the opportunity to contribute to the Motion on the Floor.
    Mr Speaker, indeed, every page in the President's Address discusses employment in one way or the other. It is also refreshing for me to speak right after the Hon Chairman of the Committee on Health who has outlined the various health infrastructural projects across the country. All these come with nothing but employment especially for our teeming youth.
    It is important for us to take notice that we are not only looking at the infrastructure but it also comes with employment, and subsequently moneys are earned to improve the economy.
    Mr Speaker, I would start by referring to the last paragraph on page 20 of the Address where the President said:
    “Even though the latest Ghana Living Standards Survey has recorded a drop in unemploy- ment from 11.9 per cent in 2015 to 7.3 per cent in 2019, we still need to do more to create more jobs with urgency.”
    When a President addresses a nation and says that even though unemployment rate has been reduced from 11.9 per cent in 2015 to 7.3 per cent in 2019, yet he still tells us that there is the need to create more jobs, then we must be sure of being in very safe hands.
    Also, page 9 of the Address talks about how the security services have been beefed up in terms of human resources. Mr Speaker, the President was able to do this even though he came into power in 2017 when there were IMF conditionalities that had restricted employment in every sector. However, by the dint of hard work by the President, we have weaned ourselves off the IMF conditionalities and as we speak today, all our security agencies have beefed up their personnel. So we can be sure that our security is assured.
    Mr Speaker, the majority of jobs that have been created since 2017 are in the informal space. Indeed, from the document we are working with from the Ministry of Employment and
    Labour Relations, we have about 85 per cent of our workforce in the informal sector and only 15 per cent are in the formal space. The formal space accounts for 611,397 employees and in this era we have 343,458 workers in the Metropolitan, Municipal and District Assemblies. We also have 267,939 in the formal private sector.
    Mr Speaker, the constraint we have is the lack of digitisation which His Excellency the Vice President is tackling so well so that when employers recruit any persons into the job space, we would be able to capture the person. This is very important and I think that it must be mentioned.
    Mr Speaker, in total, 224,397,000 employees have been added unto the employment space since we came into office. Indeed, employment under the Planting for Food and Jobs alone accounted for about 1,593 million and this supports the fact that a lot of the jobs that have been created are found in the informal space.
    Mr Speaker, it is also important that we should at least expose ourselves to some facts about the employment situation in Ghana. The working age population is estimated to be 17.56 million and out of this
    46.8 per cent are males and 53.2 per cent are females. Out of this figure, 11.6 million represent different types of employment and a further six per cent of them work voluntarily. Mr Speaker, this is the International Labour Organisation's (ILO) definition of employment.
    Mr Speaker, furthermore, there are 5.36 million people who are in schools and are incapacitated and due to some domestic activities cannot be accounted for as being given employment. I am stating all this to show that the employment that has been created is not just talk, but it is evidence-based. So anyone who wants the information could get them from the Ministry of Employment and Labour Relations.
    Mr Speaker, on the issue of the 1D1F initiative which the President talked about. On page 20 of our State of the Nation Address, the President talked about 181 projects spread across the country under the 1D1F initiative and out of this figure about 58 companies are already in operation and this includes the Ekumfi Juice Factory. The Ekumfi Juice Factory produces the Eku Juice that everybody in Ghana --
    Mr O. B. Amoah 12:53 p.m.
    On a point of order. Mr Speaker, this is a House of record and my Hon Colleague just
    Mr Wireko-Brobby 1:03 p.m.
    Mr Speaker, I have noted and I thank the Hon Member.
    Again, from the Ministry of Trade and Industry, the 1D1F initiative is expected to generate 228,866 direct and indirect jobs. This is significant because our teeming youth are worried especially when they attend universities and technical universities just to advance their studies yet they are thinking of what to do after. This is because in times past, students would finish school but they would not get jobs. However, this is an era where people are assured that the 1D1F initiative would give us 228,866 direct and indirect jobs.
    Mr Speaker, apart from the 1D1F initiative, there are project slogans like One Village One Dam and the Nation Builders Corps (NABCO) that are giving employment to the youth who have completed tertiary institutions. Indeed, the President has people with disability in mind and they have also
    been catered for under this Government, a lot more are having jobs. I would go on and describe them.

    The community mining initiatives for sustainable mining is also one area that is providing jobs. The railway sector which H. E. the President talked about are all initiatives that are geared towards job creation.

    Mr Speaker, the Hon Chairman of the Committee on Health just spoke and you could see that the health sector has facilitated the employment of a lot of health professionals. There is also the Free Senior High School, the creation of new districts, the recruitments in the aviation sector, the planting for food and jobs, planting for exports and rural development and the recruitment of agricultural extension officers.

    Furthermore, the hosting of the African Continental Free Trade indeed comes with a lot of jobs. It is to assure the people of Ghana that job search is not just a one day affair. The youth who are discouraged in hunting for jobs must not be discouraged per the assurance given by H. E. the President and the interventions which are here for all of us.

    Mr Speaker, the last on my list is the launch of the Automotive

    Development Policy last year which would see Nissan, Toyota and Volkswagen come to set up in the country. So everybody should be assured that once he completes school, there is hope for him in the employment space.

    Mr Speaker, on page 12 of the Message on the State of the Nation Address, you would see that in collaboration with the University of Mines and Technology, about 4,000 of our youths have been trained. Out of that, about 1,107 of them have been given start up kits. All these are measured when we talk of employment.

    So I think it is important that we break them down for everybody to see. A total of 20,000 people are earning decent living in the community mines. When you go to places like Akrofuom, the Atwima area and Wa where Hon Yieleh Chireh comes from, you would see that a lot of jobs have been created in the mining sector.

    Mr Speaker, on the education front, about 67,000 - I am saying this because of the prudent measures the President put in place to take us from the International Monetary Fund (IMF). It enabled us to recruit. We had clearance and we are recruiting.

    About 67,000 teachers have so far been employed.

    Mr Speaker, the Ghana Education Service Pension Scheme is now also functioning well due to the payment of Tier 2 which was held up in the Temporary Pension Fund Account (TPFA) accounts at the Bank of Ghana (BoG) which the previous Government failed to release to the schemes. As we speak now, workers especially those in the teaching space are very much assured that they would have handsome pensions should they retire.

    We have also abandoned the three month pay policy we inherited. When we came to power, people who were recruited worked for over 24 months and there was a policy that they would be paid only three months out of that.

    Mr Speaker, if you have heard in the news, there is something called legacy arrears. This is where these are coming from. In the Ministry of Employment and Labour Relations, all the problems in the employment front we are confronted with are problems of inheritance. There is something called legacy arrears where people work for so many months and they are paid for only three months. It has taken the President, a visionary leader for that matter, to abandon that policy. Now as we speak, there is
    Mr Philip Basoah (NPP -- Kumawu) 1:13 p.m.
    Thank you, Mr Speaker, for giving me the opportunity to speak to the Motion on the Message on the State of the Nation delivered by H. E. the President Nana Addo Dankwa Akufo-Addo.
    As we continue to progress into the last year of the first term of H. E. the President, it is only prudent that we take a critical look at the progress of our beloved country over the last three years. Before H. E. the President, Nana Addo Dankwa Akufo-Addo took over the helms of governance, the country was in a serious problem as far as employment issues were concerned. Unemployment rate was skyrocketing and most of the youths were left frustrated. The May 2016 World Bank report by Sara Johnson dubbed “the landscape of jobs in
    Ghana”, posits that about 45 per cent of youth between the ages of 18 and 24 were jobless.
    Mr Speaker, in 2016, the Institute of Statistical Social and Economic Research (ISSER) estimated that 250,000 young men and women enter Ghanaian labour market yearly.

    Their research indicated that the formal sector employs only 2 per cent, which constitutes 5,000 graduates out of the 250,000 graduates. Being mindful of the problems of unemployment in the country, the President at the start of his term, began to put in place programmes and policies to ensure that the employment situation in the country is brought down to the barest minimum.

    Mr Speaker, the President thereafter has been very consistent with the programmes and policies and these manifested in his Message on the State of the Nation.

    Taking over from the previous Government, the task to put Ghana back to work was clearly a daunting mission, however, over the course of the last three years, immense and admirable progress has been made to lubricate and power the engines of the country to commendable heights.
    Mr Speaker 1:13 p.m.
    The Hon First Deputy Speaker would take the Chair.
    Mr Basoah 1:13 p.m.
    Mr Speaker,
    Mr Speaker, as indicated by the President, the Planting for Food ad Jobs and rearing for Food and Jobs Programmes have also boosted the job market immensely. These initiatives which were the brainchild of His Excellency the President have improved many aspects of the economy and subsequently created jobs for the teeming youth all around the country.
    Mr Speaker, it is also necessary to mention the special attention the President is giving to the road network in the country. The Government understands that in order for our industries and agricultural sector to grow effectively, transportation has a major role to play hence special attention given to ensure that the country meets the needs of our modem, industrialised Ghana.
    Mr Speaker, it looks as if any attempt by the President to help solve a problem in a sector eventually leads to job creation. Not too long ago, His Excellency the President com- missioned ambulances for the various constituencies to help improve the health sector of the constituencies and districts. This move has ended up creating over 1,000 jobs for the youth, as every ambulance is to be manned by not less than two drivers with their paramedics who will be attending to the sick.
    Mr Speaker, it is an undeniable fact that things are working in Ghana, and Ghana is surely changing. Our nation is in good health and in good competent hands!
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 1:18 p.m.
    Yes, Hon Member for Nsuta Kwaman Beposo, Mr Kwame Asafu-Adjei?
    Mr Kwame Asafu-Adjei (NPP -- Nsuta Kwaman-Beposo) 1:18 p.m.
    Thank you, Mr Speaker.
    Mr Speaker, may I ask, what was the state of agriculture under the NDC Government? What has President, Nana Addo Dankwa Akufo-Addo done to reform the agricultural sector?
    Mr Speaker, the NDC Govern- ment left us with 2.9 per cent growth rate in agriculture. It means the agricultural sector was in coma, so it needed a good doctor to care for it. There is no other person than the President himself. The implementation was done by the Hon Minister for Agriculture with his able lieutenants.
    Mr Speaker, what did we achieve? Before I give you the achievements of the NPP Government under the able leadership of President Nana Addo Dankwa Akufo-Addo, I would like to give you these figures. Like somebody once said, Ghanaians have short memory. So Mr Speaker, What did the NDC Government do in
    2014?
    Mr Kwame Asafu-Adjei (NPP -- Nsuta Kwaman-Beposo) 1:23 a.m.
    Mr Speaker, in 2014, for the crops subsector, they recorded 2.8 per cent annual growth rate. For livestock, they recorded 5.1 per cent; for cocoa, they recorded 4.3 per cent; fisheries; negative 23.3 per cent; forestry and logging, negative 1.5 per cent; and the national agriculture annual growth rate for 2014 was 0.9 per cent.
    Mr Speaker, in 2015 growth was 1.7 per cent for crops; livestock, 5.2 per cent; cocoa, negative 8.0 per cent; fisheries, 8.5 per cent; forestry and logging, negative 3.9 per cent. The total growth rate was 2.3 per cent.
    Mr Speaker, in 2016, growth rate was 2.2 per cent for crops; livestock, 5.4 per cent; cocoa, negative 7.0 per cent; fisheries, 3.1 per cent and forestry and logging, 2.9 per cent. The total growth rate was 2.9 per cent.
    Mr Speaker, 2017 was an exciting year. The NPP Government under the leadership of Nana Addo Dankwa Akufo-Addo achieved the following. Growth rate for crops was 7.2 per cent; livestock, 5.7 per cent; cocoa, 9.2 per cent; fisheries, -1.4 per cent forestry and logging, 3.4 per cent and the total growth rate was 6.1 per cent.

    This is unprecedented in the history of this country. It is all driven by the Planting for Food and Jobs Programme, which was not even part of our Manifesto. If we want to do well, then we should be well- organised, be good planners and be good implementers. This is what the New Patriotic Party (NPP) has brought to this nation.

    Mr Speaker, we should also look at a strategic area which was dwindling our foreign exchange earnings in this country. I am talking of the rice production. Under the National Democratic Congress's (NDC's) administration, this is what they did - they imported an amount of US$400 million worth of rice every year. Therefore there was the need for us to find solution to this unpardonable mistake that the NDC made.

    Mr Speaker, we were losing a lot of money; so we put up a strategy to reduce the importation of rice. I am happy to give you the results of this strategy. Domestic rice production increased from 688,000 metric tonnes in 2016, to 969,000 metric tonnes in 2018. This is a big achievement from a good planner and a good organiser.

    In addition, the Hon Minister launched a special rice initiative that sought to accelerate the domestic production of rice, using the value system. I would also like to provide the figures for what we did on the Planting for Food and Jobs Programme. Since this is an election year, we seek to highlight the achievements of our targets because the NDC had nothing to show.

    Mr Speaker, this is what we did -- on fertiliser; in 2017, we distributed 291,021 metric tonnes of fertiliser to farmers. In 2018, we distributed 247,094 metric tonnes of fertilisers to farmers. In 2019, we distributed 295,590 metric tonnes of fertilisers to farmers.

    When we come to seed distribution, in 2017, we distributed 4,400 metric tonnes of seed to farmers. In 2018, we distributed 6,821 metric tonnes of seeds to farmers, and in 2019; 15,000 metric tonnes of seeds were distributed to farmers.

    Mr Speaker, we supported farmers with fertilisers and seeds, which contributed to yield increases. The increase in yields in 2019 as against that of 2016 are as follows -- in respect of maize, it increased from 1.8 metric tonnes per hectare to

    3.4 metric tonnes per hectare. In the case of rice, it increased from 2.7 metric tonnes per hectare to four metric tonnes per hectare. In soyabean, it increased from one metric tonne per hectare to three metric tonnes per hectare. This is the proper way to do agriculture, and we did well. The increase in production in most of these cases was attributed to the Planting for Food and Jobs Programme.

    Mr Speaker, with this introduction and background, I asked myself again as to what happened in the economic framework of the NDC Government. After going through my research documents, I figured out that the major reason for the slow growth in the agricultural sector between 2014 and 2017 was the prevailing adverse micro-economic conditions. This included large increases in government deficits, as well as massive public sector borrowing, which all fuelled inflation.

    Mr Speaker, the increase in inflation crowds out the private sector, and helped to raise interest rates. The high interest rates and inflation discouraged private investments, and eroded the purchasing power of consumers. This is what happened during the NDC era.
    Mr Kwame Asafu-Adjei (NPP -- Nsuta Kwaman-Beposo) 1:33 p.m.
    We have worked hard to bring the interest rate down, we have worked hard to bring inflation down; so people are now able to go to the banks to access moneys. Money is now made available for people to do their jobs.
    Mr Speaker, the agricultural private sector is also doing well. In fact, Guinness Ghana Limited is sponsoring 30,000 farmers. This year they bought 18,500 metric tonnes of sorghum; maize, 20,400 metric tonnes, and cassava, 31,000 metric tonnes to feed the brewery industry. This is how we commercialised and modernised agriculture. It makes it possible for industries to also grow.
    Mr Speaker, again, the President talked about the commodity exchange. The difficulties that faced this country are in three-fold when it comes to agriculture. The first one is credit, two; is land tenure, and then the third one is marketing. I am happy that this President has addressed the needs of post-harvest losses and has also addressed the issue of where farmers would sell their produce.
    Mr Speaker, with your kind permission, I would like to read out what the President said in his Message on the State of the Nation. It says and I beg to quote :
    “Once the foodstuffs are produced, we do not leave it to chance and risk not being able to sell it and thereby discourage the farmers. The National Food and Buffer Stock Company (NAFCo) has been revitalised to enhance agricultural mar- keting, and improve access to market. NAFCo is promoting institutional procurement of produce and sales to schools and hospitals.”
    “Mr Speaker, I am pleased to inform you that the Commodities Exchange in Ghana, which is fully operational, is promoting high productivity, price stability, increased exports, and reduced imports of commodities. Trading operations through an elec- tronic trading platform com- menced in November 2018.”
    Mr Speaker, this is an exciting year for Ghana because agriculture is moving in the right direction.
    Mr Speaker, I cannot conclude without touching on our achievements in the cocoa sector. It is very important because this is a major foreign exchange earner for this country.
    Mr Speaker, in the cocoa sector, there is the early repayment of Cocoa Syndicated Loan in July instead of August 2019 -- this is a major achievement. There is the maintenance of cocoa producer prices at GH¢7,600 per tonne or (GH¢475 per bag). In 2018/2019, there was an increment of producer price to the tune of GH¢8,240 per tonne or GH¢515 per bag.
    Mr Speaker, this Government also secured an amount of US$600 million from the African Development Bank (AfDB) for a seven-year long term loan facility, for the implementation and continuation of the Productivity Enhancement Programmes (PEPs) and other initiatives, which began in
    2017/2018.
    There would also be the creation of additional 20,000 jobs when the full complement of the PEP is rolled out.
    There was also the promotion of cocoa consumption in Schools. There was also the promotion of indus- trialisation through initiating policies to support private and local sector organisations to process raw cocoa beans.

    There was Cocoa Rehabilitation and Intensification Programmes to ensure increase in farmers' Income and appropriately tackle the Cocoa Swollen Shoot Virus Disease.

    Cocoa Mass Spraying and Hi- Tech Programme was introduced by supplying farmers with about three (3) million (2,780,000) bags of subsidised fertilisers.

    Artificial pollination was carried out by engaging 30,000 trained pollinators to pollinate 72,000 hectares of cocoa farms in the 2018/2019 crop year, which would be increased in the coming years.

    Cocoa Farm Irrigation and Mass Prunning on a total of 22 farmers' lands and three Seed Production Divisions (SPDs) were also irrigated.

    There was the creation of biometric farms and Farmer Identification database to provide relevant information to inform policies.

    Mr Speaker, with these words, I am proud to say that under the leadership of President Akufo-Addo, agriculture has grown, Ghanaians eat
    Mr First Deputy Speaker 1:33 p.m.
    Hon Member, I thought you said “with these few words'', so you would conclude but you are adding more words.
    Mr Asafu-Adjei 1:33 p.m.
    Mr Speaker, I am most grateful.
    Mr First Deputy Speaker 1:33 p.m.
    Hon Member for Twifo Atti Morkwa, Mr Abraham Dwuma Odoom?
    Mr Abraham Dwuma Odoom (NPP -- Twifo Atti Morkwa) 1:33 p.m.
    Mr Speaker, I thank you for giving me the opportunity to contribute to the Motion.
    Mr Speaker, I would like to refer the House to what the President said in the fourth paragraph on page 15 when he delivered the Message on the State of the Nation. Mr Speaker, with your permission, I beg to quote:
    “Mr Speaker, another good example of deliberate, well- thought out policy, executed through hard work and
    commitment, that is generating dividends, is what we have done about food and agriculture in the past three (3) years''.
    Mr Speaker, we would agree that what the Hon Chairman of the Committee on Food, Agriculture and Cocoa Affairs said is in line with what the President said that this country has enjoyed one of the best moments in agricultural production. Today, when I went on the internet, Ghana had been cited as one of the fourth best agricultural countries.

    Mr Speaker, with your permission again, I beg to quote page 18 on the Message on the State of the Nation, where the President made a profound statement. He said:

    “Mr Speaker, it gives me great joy to be able to tell this House that modernisation is finally coming to the fishing industry as well''.

    Mr Speaker, I would want to demonstrate what the President meant by that. In 2006, under the administration of former President Kufuor, Cabinet approved the construction of 12 landing beaches all over the coastal areas. In 2008, I was in a team with the late former Vice

    President, Alhaji Aliu Mahama, may his soul rest in perfect peace -- to cut a sod at Winneba, when he said that money was available for the project to commence. Eight years, after we handed over nothing was done on these landing beaches.

    However, today, as the President said when he delivered the Message on the State of the Nation, I could say with all authority that the Anloga Lagoon site has been completed. The projects in Teshie, Axim, Lower Dixcove, Senya, Fete and Moree are all on-going -- [Hear! Hear!] -- The James Town and Elmina Fishing Harbours would commence very soon. The Winneba, Manford and Keta Landing Sites are also on-going. [Hear! Hear!]

    Mr Speaker, for the first time, Ghana was able to observe what is called the “close season''. In 1996, Ghana started the idea of a “close season'' and in 2002, it became a law but nobody had the courage to implement it but it took the courageous man, President Nana Akufo-Addo, with his able Hon Minister for Fisheries and Aquaculture, Hon Elizabeth Afoley Quaye, to see this project through and for the past two years, this “close season'' has been observed and I could attest to its benefits.

    I remember the first of its kind in Winneba, when people trooped out and shouted with joy. The full benefit of it was the bumper harvest that they caught the first day after the “close season'' was over. We cannot say that this is not modernisation. This is indeed, a real modernisation and I am happy to inform the House that this year, the fisher folks themselves even led the “close season'' without the Hon Minister's effort.

    Mr Speaker, we all know the premix diversion issue which bedevilled this country for a very long time but it has taken a bold person like the President and the Hon Minister to put in place what we call the “Biometric Canoe Registration''. By this registration, every boat would be identified and then premix allocation would be allocated to the boats so that nobody can divert. If this is not a modernisation, then what else could it be?

    Mr Speaker, we had a lot of public hatcheries which did not function but now in Vea, Bolga, Dormaa, Kono, Odumase and Ashaiman, the hatcheries are back on their feet and as I speak now fingerlings have been produced for the aquaculture industry.

    Mr Speaker, the Ministry of Fisheries and Aquaculture has now introduced what is called the “Ahoto
    Mr Abraham Dwuma Odoom (NPP -- Twifo Atti Morkwa) 1:43 p.m.
    oven'' and with that oven, Ghana is able to produce smoked fish that meet the international standard. This indeed, is what we call modernisation.
    Mr Speaker, because the industry is so modernised, the bacteria and virus diseases that affected the Volta Lake tilapia, was brought under control within the shortest possible time. This indeed, is what we call a modern industry and Ministry. At the end of the day, the fear and anxiety that was all over the fishing industry was qualmed in the shortest possible time.
    Mr Speaker, I believe that with these few examples I have given, it would be realised that the fish industry has come of age and indeed, the President deserved to make the statement that he made.
    Mr Speaker, I would want to urge the House to take note of the menace that is called the pyscho menace.

    Your office referred a petition to the select Committee on Food, Agriculture and Cocoa Affairs and we realised that the challenge is a big one. It poses a great threat to this country. Therefore in my conclusion, I would want to say that the House

    would have to take a very serious look at the psycho menace.

    Mr Speaker, with these few words, I would want to thank you for the opportunity granted me to contribute to this debate. Once again, let me say that indeed, the fishing industry is undergoing modernisation.
    Mr First Deputy Speaker 1:43 p.m.
    The Hon Minister for the Interior, Mr Ambrose Dery?
    Minister for the Interior (Mr Ambrose Dery) 1:43 p.m.
    Mr Speaker, I thank you for the opportunity to partake in this debate on the State of the Nation Address ably and eloquently delivered on Thursday, February 20, 2020 by H.E. the President.
    Mr Speaker, the goal of H.E. the President as far as security is concerned is to make each person in Ghana feel safe. He has indicated the different facets and components of action that would lead to the achievement of this goal. I am confident that H.E. the President is on course to achieve that.
    First of all, at the last paragraph of page 8 and the first paragraph of page 9 of the Message on the State of the
    Nation, he alludes to the happy events in Dagbon which led to the enskinment at the time of Yaa-Naa Mahama Abukari II; and even more importantly, about a month ago, the King of Dagbon visited the Jubilee House. The President captures the impact and rich cultural display that took place at the Jubilee House.
    Mr Speaker, the Kingdom of Dagbon is one of the great kingdoms in northern Ghana. It also occupies a strategic position in the north because Tamale is the historical capital of the north and whatever happens in Tamale and therefore, Dagbon, affects all parts of the north. Therefore when the Kingdom of Dagbon was in trouble, it affected all parts of the north.
    Mr Speaker, just an example; most of the leading institutions that have produced personnel to lead our development were in Tamale. The Tamale Secondary School trained the first crop of literates from the north who played their role in the struggle for independence of this country. Of course, we should not overlook my own Navrongo Secondary School which has also played its part.
    Mr Speaker, what I want to emphasise here is that we need to
    commend the President for this achievement. It is a great achievement. We all witnessed the rich culture when it came to the enskinment of the Yaa- Naa. This is what we have been losing. Now, with Tamale stable which again is the melting point of all northern tribes -- if one goes to Tamale now, it is a cosmopolitan area. We see beyond Dagombas.
    Mr Speaker, the peace that has returned to Dagbon is important for the realisation of the potential of the youth of Dagbon. Apart from the historical figures that we know about, we can point at prominent members even in this House from Dagbon. Therefore for me from the north, this achievement has a special place in my heart. What we should know as Northerners now is that we should replicate the gesture and make sure that what happened in Dagbon does not happen again.
    First, we have to recognise all those who died in arriving at the resolution as martyrs and to make sure that all of us work in the other northern communities where we still have curfews. For instance, Mr Speaker, until a few weeks ago, we had a curfew in Bole but the Yagbonwura gave an assurance when I called on him. Now, we from the north must continue to work on the peace that has been achieved by the President.
    Minister for the Interior (Mr Ambrose Dery) 1:53 p.m.
    Mr Speaker, deriving from there, the general situation in Ghana is relatively peaceful. I can tell the House from the situation now that the last two months of the year of 2019 were peaceful and for January, 2020, we already have a positive indication that if we compare the figures of crime -- January, 2019 was 17,538 and January, 2020, 12,435 which is a 29 per cent decline.
    That did not come out of nothing; it came out of the retooling of the security agencies, the provision of resources, training, and as I would show, I would give examples of how this has happened across all the security agencies. But it still comes with a caveat as the President clearly stated that the Police must do something about the negative impression that people have.
    Mr Speaker, the first thing I would want to talk about is the provision of vehicles and equipment under the President's watch. First of all, we have procured specifically about 676 vehicles and we are still expecting more. We have also, in consonance with best international practice, introduced certain units in the Police that did not exist; the Air Wing which we are expecting three helicopters;
    the K-9 which deals with trained dogs would come in with something special. They are very difficult to corrupt.
    Mr Speaker, with the military, we also have provision of vehicles. First, in January and December 2019, the total figures being 189 operational vehicles, 80 buses, and 33 auto car or armoured vehicles.
    Mr Speaker, this House has played a part in getting some of the high technology equipment including night vision goggles that would empower them to work at night and the overhauling of three CASA aircraft and two helicopters, and others.
    Mr Speaker, with the Ghana National Fire Service, we have provided some equipment and vehicles; among them, we have 11 command vehicles, and two hydraulic platforms which would arrive soon. These pieces of equipment would enable us to go beyond the fifth floor high rise buildings.

    Mr Speaker, two years ago, there was a fire on the tenth floor of the Job 600 Block and I had the task of climbing upstairs because we did not have the equipment. This would soon be a thing of the past. We have also variously given vehicles to the Immigration Service and the Fire Service.

    Mr Speaker, we make no claims that we are over yet. One would recall that we had the misfortune of losing some police officers, we needed to provide bullet proof apparel to be able to get them back on the road and active.

    There is then the aspect of training. There is the need to train our security agencies; first, to make them more efficient and also to train them to be able to perform their functions within the multi-party democratic dispensa- tion. So we have had the Police Service training various units, first of all, for the three helicopters that we expect, six pilots are under training. They came for a break and have gone back. There are six West African Senior School Certificate Examination (WASSCE) graduates -- I was privileged to be in South Africa to see them fly. We have 15 of our police officers out there; ten men and five women who are also training with them in aspects of the policing exercise.

    Mr Speaker, the Criminal Investigations Department (CID) has been given special training and now we have involved some universities, especially, the University of Cape Coast in Ghana which is working first with the CID and the Fire Service.

    All these are contributing in making sure that we have the right calibre of police.

    Training has also led to recruitment and in the case of the Police Service, as at the end of last year, we recruited 4,557 new personnel and we are working towards the average ratio of

    1:450.

    Mr Speaker, for the Ghana Armed Forces, apart from the equipment that we have provided, we also had cadet training for 257,135 commissioned and 120 under training to be commissioned. We have 958 recruits who have passed out and 563 are still under training to pass out in February

    2020.

    For the Immigration, Fire and Prison Services, each has passed out at least, 2000 recruits and we are still working to make sure that we have people who are adequately trained.

    In the case of the Fire Service, we sent some people to Malta to train as well as sending out people from the Immigration and Prisons Services for various aspects of training.

    Mr Speaker, so all these are part of the efforts that have taken place to make sure that we achieve the relative peace that we are enjoying thus far.
    Minister for the Interior (Mr Ambrose Dery) 2:03 p.m.
    It is also important to refer to the last paragraph of page 9 where I quote the President:
    “Mr Speaker, Government is committed to improving the conditions of service of all security personnel including the police”.
    Mr Speaker, the Ministry has directed that the Prisons Service for instance, should re-organise itself and be able to relate their ranks to analogous agencies such as the Police to ensure that we get a certain level of equity as far as conditions of service are concerned. This is ongoing and there have been increases in salaries across board and with the Fire Service, the Council is working on their Instrument which is going to contain the details of their conditions of service which will be related to what is trending now.
    In the case of the Military, we have had the amendment of the Legislative Instrument L.I (1332) and this has extended the service period of other ranks from 25 to 30 years. It has also become necessary as a result of that to make sure that the salaries of the Military are handled in a manner to make it conform to the level of other security personnel.
    Mr Speaker, so with the amendment of the L.I (1332), and the extension of the period from 25 to 30 years, there has been the creation of additional ranks and there have been these improved conditions of service.
    I need to pause here and emphasise a certain point that there is this propaganda that is being bandied around as if one Service is preferred to the other. Indeed, the Ministry has issued a directive that all of the agencies must begin to work on their conditions of service and see how they synchronise with the others. So we are making sure that we are dealing with it.

    Mr Speaker, it came as recently as the last two days where there were so many pieces of information, some of it, brought from months back to try to create the impression among the security agencies that the

    Government's commitment to maintain them under CAP 30 is a fluke. It is not a fluke; it is a real Cabinet decision and the Hon Minister for Employment and Labour Relations would have to go through the processes to see how finally, it ends in this House as law to be able to finalise it. However, as I speak firmly and irrevocably, the four agencies are on CAP 30.

    Mr Speaker, we also have the issue that was raised about the perception which is very important and the Police are actually rising up to the occasion. The new Inspector General of Police (IGP) has come out with directives, he has advertised telephone numbers and platforms where reports can be made.

    From the Police Council at the last meeting, all outstanding disciplinary cases have been dealt with and those who are found to be unfit have been eliminated and therefore there is an effort on the part of the Police to actually address this perception.

    Currently, the Police Service is actually working with the Commission on Human Rights and Administrative Justice (CHRAJ) on the implemen- tation of the National Anti-Corruption Action Plan (NACAP) and I am sure that will make the Hon Majority Leader happy as he is an anti- corruption campaigner. The CHRAJ has also made very positive remarks

    about the commitment of the Police Service going forward.

    Mr Speaker, we do not have any illusions at all that anybody or any single institution can keep this country safe, and this House has played its role. Accordingly, the President in his Statement alluded specifically to the Mining Act and other legislations like the Vigilantism Act which are all working today.

    So we thank the House but we would want this to be carried further and we should eschew partisan statements as far as matters of security are concerned. It is very important that we get this right. If we continue to play partisan politics with our security, we would run into problems. Mr Speaker, the security agencies are doing a good job and there are a number of combined operations that are ongoing to make sure that Ghana remains safe. A few of such operations are Operation Calm Life, Operation Cow Leg, Operation Halt, Operation Conquered Fist, Operation Gong Gong, Operation Citadel, Operation Ahodwo and Operation Vanguard.

    Mr Speaker, our security agencies, especially those working in the north to make sure that the instability and
    Mr First Deputy Speaker 2:03 p.m.
    Hon Member for Mpraeso?
    Mr Kwame S. Acheampong (NPP -- Mpraeso) 2:03 p.m.
    Mr Speaker, I beg to contribute to the Motion on the Floor.
    Mr Speaker, the President delivered to this House a very pleasing and encouraging state of our country and if you would indulge me, I beg to quote paragraph 5 on page 10 of his Address where he said: “Government is tackling the long-standing housing problem that has faced our armed forces”.
    Mr Speaker, for the number of years that I have been a public officer and serving in the capacity as a representative of the good people of Mpraeso Constituency, one of the major challenges within the security sector has been accommodation. I would want to say here and now that President Nana Addo Dankwa Akufo-Addo has really come for the security services.
    If we go into the Ghana Armed Forces today, the Barracks Regeneration Project which was being supported by Social Security and National Insurance Trust (SSNIT) is in use today and over 16 units of four flats each have been completed. If we go to the Sixth Garrison in Tamale, a modern sports complex is being built to enhance the fitness of our security services. As part of the conditions of service of our officers in the security services, a major condition is about the fitness, and we are providing these facilities in respect of infrastructure. This Government must be applauded for such measures.
    Today, in my own backyard in the Afram Plains side of Kwahu North, a cattle ranch at Wawase which is to help secure over 4,000 cattle is being built -- Mr Speaker, your good self directed your Committee during this Meeting of Parliament to bring findings and offer solutions on the annual dispute between nomadic herdsmen and crop farmers. This is a major menace in our security sector and fortunately the President through a well-thought policy has gotten this ranch done for our farmers. Today, in this very season when the trouble emerges all the time, we have not heard of any clashes between the herdsmen and crop farmers. So I congratulate this Administration for seeking the public safety of Ghana.
    Mr Speaker, a hospital in the Ashanti Region was decided by the Administration of former President John Agyekum Kufuor, and in the Fourth Parliament, a loan was secured for the construction of this 500 bed facility to take care of our officers in the Ghana Armed Forces stationed in the northern sector. Eight years down the line, we have had two terms of Parliament gone by; both the Fifth and Sixth Parliament. However, in the Seventh Parliament, this Adminis- tration finds it fit and proper to ensure that we complete this Facility for the
    health needs of our officers in the Armed Forces.
    Mr Speaker, the Hon Minister for the Interior has mentioned a lot of the corporations, but I would want to go into the Defence Industry; Defence Industries Holding Company
    (DIHOC).
    We have been concerned with improving the skills of artisans in this country. Some of my Hon Colleagues who have benefitted from studies in some of our security institutions have had the occasion to visit Nkonya and Alavanyo where they manufacture weapons and DIHOC is collaborating with them to enhance their skills. This is a way to ensure that the local industry is well-managed and handled by the appropriate legal authority and this is the way we have to go as a people to ensure that our public safety is not toyed with.
    Mr Speaker, when it comes to welfare, I would always congratulate this Administration. The serving period for other ranks; junior officers, have been increased by five years, from a tenure of 25 years to 30 years. Mr Speaker, as we speak, an Instrument has been laid before this House to ensure that a commensurate remuneration is achieved to that effect.
    Mr Kwame S. Acheampong (NPP -- Mpraeso) 2:13 p.m.


    Mr Speaker, what else could I tell H. E. the President? Mr President, ayekoo!

    Mr Speaker, indeed, the President thinks of the Military and I am always happy. The reasons are that today, the remuneration of our men and women who go out for international peace operations are --
    Mr First Deputy Speaker 2:13 p.m.
    Hon Members, having regard to the state of the Business in the House, I direct that the House Sit outside the regular Sitting hours.
    Hon Members, now you may continue.
    Mr K. S. Acheampong 2:13 p.m.
    Mr Speaker, in all our operational areas, be it Southern Lebanon, Southern Sudan, Democratic Republic of Congo, today each and every soldier has an increase of US$5 in addition to the established moneys paid to them.
    Mr Speaker, the soldiers are happy. When you go to Burma Camp and the other barracks, morale is very high. In terms of retooling them, all their contingent equipment, the arrangement in the peace operation
    theatres have work lease. Ghana is not just a troop contributing country but we have our own contingent equipment. All our contingent equipment in all our operational theatres have been upgraded by the Government of H. E. Nana Addo Dankwa Akufo-Addo to meet the United Nation's standards.
    Mr Speaker, I am more than happy as a Ghanaian and a Member of Parliament representing my constituents.
    Mr Speaker, if we go into welfare again, today, the Ghana Military Academy and the Training schools where our cadets and recruits are trained is being modernised. We have a modern multipurpose complex and I thank this House again for approving that facility. Today, everybody is happy at the Ministry of Defence.
    Mr Speaker, I am very much happy because if we do not have public safety, I would not be loud in here opening my mouth as I am doing. That notwithstanding, our officers and men who have the authority and the rights to protect our seas -- [Interruption] Ghana is enjoying from the hydrocarbons that come out from the offshore wells which are being drilled. Without adequate protection, we would have threats
    and people could pet the revenue we have been utilising adequately to support this economy.
    Mr Speaker, so a forward operating base is being established out of the Government of Ghana's own budget and not from a loan facility. This is prudent economic manage- ment. This would enable us secure all our oil field offshore. This is more than welcome.
    Mr Speaker, the same leader we have today has been able to reach out his peers within the Sub-Region which is not stable, and intelligence chiefs have signed out agreements that have led into a very sound cooperative arrangements that have allowed intelligence sharing and exchange of information to help curb most of the aggressions we would be having in this sub-region. Today, Boko Haram has gone down; Al Qaeda threats have gone down; and the ISIS threats are going down. This is the kind of leadership we require as a country and as a people.
    Through the National Security outfit and technology, we have been able to undo most of the crimes we have suffered. Kidnappers have been blocked and we have been able to recover some foreign nationals. Here
    I am talking about the Canadians who were successfully rescued with the support and collaboration of the National Security outfit and the Ghana Police Service through a very useful collaboration.
    Mr Speaker, again, this House is in the process of enacting a legislation to back a newly-created national Narcotics Control Commission, a result of this Parliament's own exercise.
    The National Security outfit in collaboration with the Police Service and the Narcotics Control Board have been able to help in eliminating those who use our borders and our ports for trafficking and have minimised it totally so that we do not have such troubles in our systems today.
    Mr Speaker, pretty soon, if you get to our border posts, we would experience electronic visas to be issued by our border managers. Here, the Ghana Immigration Service is working on all these things.
    Mr Speaker, what more could one say than to say that if you go to the Ghana Immigration Service Training School today, a 280 capacity hostel has been developed; we are building hostels, dormitories for other ranks and hostels for cadets. Mr Speaker, President Nana Addo Dankwa
    Mr First Deputy Speaker 2:13 p.m.
    We would take the last contribution for today on the Motion to thank the President for his address on the State of the Nation from the Hon Second Deputy Majority Whip.
    Mr Moses Anim (NPP -- Trobu) 2:23 p.m.
    Mr Speaker, thank you for the opportunity to debate.
    Mr Speaker, it was so exciting to see the President delivering the Message on the State of the Nation. It was exciting to hear from the President, and the reality also demonstrates that Ghana is in heavy and strong state and that the best is yet to come. We are so grateful to the President.
    Mr Speaker, when the non-oil aspect of your Gross Domestic Product (GDP) growth increases, it shows how prudent you are managing the economy. President Kufuor left after rebasing a 9.1 GDP growth without oil. President John Mahama left us with oil growth and non-oil growth of 3.6 per cent. As I speak, averagely, our GDP growth is 7.1 per cent and the non-oil aspect is higher than the oil aspect. It means that our service sector, agricultural sector, manufacturing sector and the industrial sector are growing. These are the areas that brought increase in employment.

    Mr Speaker, we all know that the oil sector is so capital intensive. Therefore the players in that sector do not allow the necessary employment growth that we really

    want. Any country that develops its non-oil sector, in terms of growth in agriculture, service and manufacturing increases employment. Therefore it is surprising that the unemployment growth rate has reduced from 11.9 per cent as at the end of 2016 to 7.3 per cent today. It is gratifying and with these records, the President would have to be given four more years to continue to do the good work that he is doing for mother Ghana.

    Mr Speaker, we have targeted 500,000 barrels of oil a day which we think would be the game changer. But the President has demonstrated to us that that is not the game changer. It is our bauxite and iron ore refinery. The step that the President took was to bring into this House the Ghana Integrated Bauxite and Aluminium Development Corporation Bill and the Ghana Integrated Iron and Steel Development Corporation Bill which have been passed.

    Mr Speaker, the Kaiser Agree- ment with the Americans did not allow us to build our own refinery for bauxite. We all know that raw bauxite is extremely low in terms of the cost in tonnes compared to the alumina and the aluminium. Adding value by refining bauxite into alumina and aluminium triples the purchasing price

    of those derivative products. That was why former President John Agyekum Kufuor managed to buy VALCO when VALCO demanded a low power which was sourced from Akosombo, which hitherto the level had dwindled. President Kufuor bought VALCO and as a result, we abrogated that Kaiser Agreement that did not allow us to refine our own bauxite.

    Mr Speaker, the expectation was that the former Government under President John Mahama should have taken the steps that the President has taken today. But we were told that the Bauxite in Nyinahin was given to his brother, instead of to the nation. Had President Nana Addo Dankwah Akufo-Addo not come to power, today, the bauxite in Nyinahin would have been mined by an individual. A resource that is meant for the State would have been taken over by an individual.

    Today, we are about to get a joint venture to exploit and refine our own bauxite and iron ore and get their derivative products and also develop our steel. It is a multibillion enterprise; that is the real game changer. The game changer is not the petroleum, but the bauxite, iron and ore. When we are able to achieve this, we would be on the pathway to industrialisation.
    Mr Moses Anim (NPP -- Trobu) 2:33 p.m.
    Mr Speaker, it is also known that the current President was bequeathed with the issue of galamsey in this country. I have always asked myself when the issue of galamsey started. After we had our own Minerals and Mining Act, which is one of the best in the country, when did galamsey start? Mr Speaker, it started during the former President's tenure. There were a lot of deaths as a result of collapsed tunnels. Today, the death rate has reduced because communities and individuals have been trained to engage in sustainable mining.
    As we speak, 4000 people have been trained to engage in sustainable mining. There is an alternative livelihood for our youth who hitherto had galamsey as their only alternative. Today, they have been given start-ups and equipment. They have received technical and vocational skills.
    Mr Speaker, as I speak to you, we are challenged in our power sector. Take-or-pay agreements have really dwindled all the economic benefits that we chalked. The President instructed the Minister for Finance in the Mid-Year Budget Review, 2019. He said a steering committee must be set up to look into the take-or-pay agreements. There is a collaborative consultation ongoing to ensure that we would be able to
    convert take - or - pay into take-and- pay. Kenya has taken the lead and today, Ghana is also following in the good steps to do that.
    Mr Speaker, our peak season demands 2700 megawatts. Mean- while, our generational capacity is 5,080 megawatts. According to the Minister for Energy, Mr Peter Amewu, 11 PPAs are being considered to be terminated. In doing so, it would cost us US$402.39 million.
    Mr Speaker, if we continue to allow these PPAs to operate, it would cost us US$586 million annually. From 2020 to 2030, we would spend US$7.217 billion. If we are able to consult and discuss to get these 11 PPAs out of our way, we would have enormous saving for this country.
    Mr Speaker, as I speak, if the 26 PPAs combined capacity is allowed to operate, we will generate 8,116 megawatts. [Hear! Hear!] -- When we take out the 2,700 megawatts peak season capacity that we need, this country cannot take it. It is therefore prudent that the President of the land has taken a sure step to ensure a consultation and colla- boration to ensure that private investors are not hurt in a way and Ghana is also not hurt, so that we
    would succeed and build a very good business environment for this country.
    Power is very important. While we industrialise and talk about One District, One Factory and put in a lot in terms of the iron ore and the bauxite refineries that we want to put up, we need power as well. We need to tread such that the finances to build our energy sector would be there.
    Mr Speaker, we told the NDC Government that dumsor was not a matter of generational inabilities, but it was financial.

    Today, we shifted Karpowership to Takoradi. It has gotten closer to where the gas production is. So we can reduce generational cost and make sure that generating power in this country would be very competitive.

    We find it difficult to export the excess capacity because when we compare ourselves to our sisters and brothers across our boundaries, the cost of generation of power in this country is high. As a result of this, we would be able to get a continuous power supply, which we have done. The dumsor is out of our way, and we are making sure that we would be

    able to generate power at a lower cost and make it affordable to the people.

    Mr Speaker, in conclusion, I would take the opportunity to thank and commend the Planning Committee that ensured that the President came and delivered the Message on the State of the Nation. I would commend Mr Robert Apodolla, the coor- dinator, and the rest of the heads of department. I would also want to thank the others who supported me to chair the committee and make this a successful programme for Parliament and for the country.

    Mr Speaker, I also thank all Hon Members of Parliament. I thank the Hon Majority Leader for his advice and contribution. I would only thank the Hon Minority for ushering in the President and walking out of the Chamber.

    Under normal circumstances, if a chief or an elderly person visits a person at home, when the visitor is ushered from the gate of the house to the hall, the visitor is not left alone. We would want the Minority to know that they have wronged the nation by singing the National Anthem and walking out of the Chamber. Therefore they need to apologise to the country; other than that, that style would follow them, and keep on
    Mr First Deputy Speaker 2:33 p.m.
    Hon Member, conclude.
    Mr Anim 2:33 p.m.
    Mr Speaker, thank you very much for the opportunity to contribute.
    Mr First Deputy Speaker 2:33 p.m.
    Hon Members, that brings us to the end of the contribution to the Motion to thank the President for delivering the Message on the State of the Nation to the House.
    Hon Members, Sitting would be suspended for an hour. It is 2.37 p.m. We would therefore come back at 3.30 p.m. prompt. I would be in the Chair, and if there is nobody here, I would adjourn.
    Mr First Deputy Speaker 2:33 p.m.
    Hon Majority Leader, are we going straight to the item numbered 12?
    Mr Kyei-Mensah-Bonsu 2:33 p.m.
    Mr Speaker, I am informed that we are going to the item listed as 12. I am informed that yesterday, we finished
    with clause 66, so we go straight to clause 67.
    Mr First Deputy Speaker 2:33 p.m.
    Very well, the Narcotics Control Commission Bill, 2019 at the Consideration Stage.
    BILLS -- CONSIDERATION 2:33 p.m.
    STAGE 2:33 p.m.
    Mr First Deputy Speaker 2:33 p.m.
    Clause 67?
    Clause 67 -- Application for freezing order
    Mr First Deputy Speaker 2:33 p.m.
    The item listed 12 (iii), Hon Bernard Ahiafor?
    Mr Bernard Ahiafor 2:33 p.m.
    Mr Speaker, I beg to move, clause 67, subclause (1), line 1, delete “may” and insert “shall” and in line 2, delete “without” and insert “on”.
    Mr Speaker, the new rendition would then be 2:33 p.m.
    “An application for confirmation of a freezing order shall be made
    on notice to the respondent and shall be accompanied with an affidavit”.
    Mr Speaker, the reason is that in clause 66 we have given the administrative authority to freeze ex- parte without notice to the respondent and thereafter go to court for an order confirming that particular freezing. It is only fair and in line with the natural justice principle, the audi alteram partem, that at that level, we put the respondent on notice, so that the respondent would be accorded the opportunity to be heard to be in line with natural justice for a deter- mination to be made at that level.
    Mr Speaker, if at that level we have the administrative authority to freeze ex parte without notice and go to court, then I believe strongly that the opportunity of the respondent being heard at that level would be taken away and as a result, the application ought to be on notice. That was what informed the amendment that I proposed for the consideration of the House.
    Mr Kyei-Mensah-Bonsu 2:33 p.m.
    Mr Speaker, the Hon Minister is here, so maybe, we may want to have direction from him. However, on the face of this, if we look at the provisions contained in clause 68, I would think that clause
    67 is not in error, if it is to be done with or without notice.
    In fact, the provision as it stands, states that:
    “An application for commission of a freezing order may be made without notice of the respondent and shall be accompanied with an affidavit”.
    Mr Speaker, I would like to believe that it is so constructed because maybe, the gravity of the offence may be such that some action needs to be taken and be taken as a matter of urgency, that is why it could be so done. It is the reason the operative word there is not “shall”. It says it may be made without notice, giving the discretionary power to the Director- General, with respect, that in the exercise of this discretionary power, he would act with a great degree of circumspection and be very equitable in the application of the law.
    Mr Speaker, that is my understanding of what the clause 67 seeks to do. However, as I said, maybe, the Hon Minister may add to it.
    Mr Ahiafor 2:33 p.m.
    Mr Speaker, if we look at clause 66, it has taken care of the urgency the Hon Majority Leader is talking about. This is because in
    Mr Chireh 2:33 p.m.
    Mr Speaker, I think that with the argument the Hon Member made, if we put it on notice and still retain “may”, would mean that we would say: “may be made on
    notice”. The reason I say so is that the way it was originally put; “may without notice”, means that we could also make it on notice.
    Mr Speaker, however, I can foresee one scenario, and that is, sometimes the person not being available to even be served the notice. We cannot also keep whatever we have for him.
    Mr K. S. Acheampong 2:33 p.m.
    There is substituted service.
    Mr Chireh 2:33 p.m.
    Yes, but I am just saying that if that is assured, and if under the circumstances, we go and post it on a wall or whatever as substituted service and go ahead and sue - I still think that we should put “may” there instead of “shall”. As for the notice, the way it was put originally, implies that we can also give notice.
    Minister for the Interior (Mr Ambrose Dery) 2:33 p.m.
    Thank you, Mr Speaker.
    In this area of narcotics, we might be dealing with very special suspects. Much as I agree on the principle of natural justice, the fact that we say it may be made on notice, we would have to tell the courts why we are making it ex parte.
    I think it would be good operationally to leave it that way
    because we might have somebody who may be avoiding the service and we might think that we might go for a substituted service. I do not however think that if we say “may” - It is a half- way house; I do not think there is any problem with that.
    Thank you.
    Mr First Deputy Speaker 4:03 p.m.
    “May” gives us a choice to give notice or not but once we have already seized the item, I think it would be inappropriate for us to go back for a confirmation order without notice. I wonder if any court would grant that.
    Yes, Hon Minister?
    Mr A. Dery 4:03 p.m.
    Mr Speaker, I thought it is about “freezing” and not “seizure''.
    Mr First Deputy Speaker 4:03 p.m.
    Sorry, Hon Minister, I did not get what you said.
    Mr Chireh 4:03 p.m.
    Mr Speaker, we are talking about the “freezing'' of the person's property or asset. Administratively, they have that power to do so, but within 10 days they have to go to court to confirm the freezing order. However, the
    original rendition says that they may do that without -- Which means that as he rightly said, the court would have to find out how the law is and, why they would come without a serving notice to the respondent. The reasons may be assigned, that is why I said that if we must, we should change it. There is a reason it is at the discretion of the court, that is why they said “may be made without notice”; but if we say that “shall be made on notice'', it would be another issue. That is why we should retain it.
    Mr A. Dery 4:03 p.m.
    Mr Speaker, “freezing'', does not deprive a person of the title to a property. It is in a state of abeyance. However, a court warrant is needed to be served on the banks to make it effective. If for any reason we think that the person could do something to move moneys out before the convention, we should make it “may''. The Constitution is available and when there is a discretion it has to be exercised fairly. So I think that we would make it impossible when dealing with narcotic dealers because they are a different breed. What the Hon Member for Wa West, Mr Yieleh Chireh, proposed would also take care of the interest of a willing suspect.
    Mr Ahiafor 4:03 p.m.
    Mr Speaker, I would want to bring it to the fore that making an application on notice is
    Mr A. Dery 4:03 p.m.
    Mr Speaker, there is affidavit that should accompany the application and paragraph (d) says that you should state that the property is at risk of being dissipated or removed from the country. Freezing it does not mean it could not be dissipated in the meantime. So once this condition is available, it would not be used irresponsibly.
    Alhaji I.A.B. Fuseini 4:03 p.m.
    Mr Speaker, we should not argue about this. If we do not substitute “shall'' with “may'', then we better leave the sentence the way it is. The gravamen of the amendment is “shall''. The provision as it is now, admits of an application or notice and the only compelling charge in the situation is the word “shall'' and when it is substituted and taken without notice, it would conclude the debate. If we maintain the word “may'', in the first line, then we do not need to amend the provision.
    Mr A. Dery 4:03 p.m.
    Mr Speaker, by this rendition, it means that the person should go on notice. However, it is an exceptional situation, so why do we want to amend it? This is an exception, so when we go by it, we have to show that in the meantime the property would be dissipated. So we should leave it the way it is.
    Mr First Deputy Speaker 4:03 p.m.
    That is my problem. You have seized the
    property -- an application for confirmation of a freezing order. Under clause 66, the asset has been frozen and because it was frozen without notice to the property owner, we now want the court to confirm it. Then we say notice is denied the person which I think would be out of place.
    I would give an example. A client of mine came to me and said his account had been frozen and nobody spoke to him. So I followed up and they told me the law gives them the power to freeze it. They then brought an application to court and the man went and justified by showing his contract document. He had designated the contract in the name of a Chinese company and they had transferred the money to his account but because it was big, financial intelligence picked it. So if they had gone back to court without notice he could not justify that he was entitled to the money. It is mandated that after the freezing, you must always give notice for confirmation.
    Mr A. Dery 4:03 p.m.
    Mr Speaker, clause 66 is subject to a court confirmation, so there is no effective freezing independent of clause 67. So the person would go to court and the court is on notice but we are saying that an application for confirmation of
    a freezing order may be made without notice except accompanied by an affidavit. So in special circumstance, they could go ex parte.
    However, when we say “it shall be'', it means that they are tied and regardless of the circumstance, they cannot go ex parte. Then we would have tied the hands of the Authorities. The rule is that, the person must go to court on notice in clause 66, but I am now saying that if there are special circumstances that warrant the person going ex-parte, the person must come to court and bring an accompanying affidavit to make a case for that exception.
    So if we say under clause 66, the person has to go on notice and in clause 67 we say they should go on notice, we would have officials who would condone and we would never get anything.
    Mr First Deputy Speaker 4:13 p.m.
    Let us look at clause 66(2):
    “The Director-General shall within fourteen days after the freezing of the property apply to the Court for a confirmation of the freezing”.
    Mr A. Dery 4:13 p.m.
    Mr Speaker, by the rules of court, if you are asked to make an application, you have given -- supported by an affidavit. It is a notice. Clause 67 is now telling a person that he or she may, in spite of clause 66, go ex parte, and it must be accompanied by an affidavit justifying that procedure. [Interruption]
    Hon Fuseini telling me that when the rules say that one should make an application, it is by notice?
    Alhaji I.A.B. Fusieni 4:13 p.m.
    Mr Speaker, -- [Inaudible] -- on that basis but this law -- I agree with the amendment now. The Hon Minister should read clause 68(2). It is not contemplating on notice. It says that:
    “The Director-General shall inform a person against whom a freezing order has been made within seven days after the order has been made”.
    Mr Speaker, so it is actually contemplating ex parte.
    Mr Chireh 4:13 p.m.
    Mr Speaker, so what does he support?
    Alhaji I.A.B. Fuseini 4:13 p.m.
    Mr Speaker, I support the amendment -- [Interruption] --
    Mr Speaker, subclause 2 is deleted and so, let us delete it. We have not gotten there yet and he says he is going to delete it but that fortifies the argument of Hon Bernard Ahiafor. If it is to be deleted, it means that the Winnowing Committee came to the conclusion that one should not go for the freezing order before one informs the owner of the property. If we are deleting it, that is the interpretation we can put on it.
    So let us put it beyond doubt, that we delete “may” and insert “shall” because clause 66 (2) is actually not a court order for confirmation. It is compelling the Director-General to come to court within 10 days after he has exercised his discretion under this law to freeze. That is what clause 66 (2) is telling us.
    Mr Speaker, so we are saying that after the administrative act, he is now going to court. Is it not just fair that he informs the other party?
    Mr Banda 4:13 p.m.
    Mr Speaker, we all know that ex parte applications are granted sparingly and before an ex
    parte application is granted, one must have a very strong and exceptional reason before same can be granted.
    Mr Speaker, under clause 66(1), the freezing is without notice. When one freezes without notice, and it stays for 10 days as we are proposing, you have already put that person through some sort of inconvenience. This is because whatever has been frozen is being held in abeyance. Although his interest in that property has not been extinguished, he cannot have access to the frozen property. That is the first inconvenience caused to the person.
    Now, it is fair and just that when you are - Of course, we must make it mandatory for the Director-General to send the matter to court after he has called the property to be frozen. When one is going to court for confirmation, what should be the reason for going ex parte? This is because the property is already frozen and the moment you file an application, it continues to freeze the property even when the freezing order has not been granted.
    Mr Speaker, I believe it is fair and just that once the Director-General already has possession of the property and he is only going for confirmation, he should serve the other person notice. This would
    enable the respondent to also come and give facts as to why his property ought not to be frozen.
    However, if one reads the language of clause 67 and we leave it as it is, what it means is that the Director- General has the discretion to either go on notice or without notice and that discretion is dangerous. It must not be given to the Director-General, so we must make it mandatory that when the Director-General is applying to the court to have the freezing order confirmed, he must send notice to the other party.
    Mr Speaker, it is fair and just and so I believe that the proposed amendment of Hon Ahiafor is proper, proportionate, just and fair.
    Mr First Deputy Speaker 4:13 p.m.
    I want to listen to the Hon Majority Leader, and after that, we will either take a decision or I will drop it and move to other clauses.
    Mr Kyei-Mensah-Bonsu 4:13 p.m.
    Mr Speaker, we should interrogate what purpose any freezing exercise is intended to serve as captured in clause 66(1):
    “Where the Director-General considers that freezing of property is necessary to facilitate an investigation or trial …”
    Mr First Deputy Speaker 4:13 p.m.
    Hon Majority Leader, if that is what we
    want, let us draft the clause because as it stands now, you are reading into the law from what is in your mind. What it states here is that one “may” and it is discretionary.
    Mr A. Dery 4:23 p.m.
    Mr Speaker, please if I may.
    Mr Speaker, let me re-state the clear principles of law which says that when a person applies, they do so on notice. -- This one is saying that a person may apply ex parte if and only if -- The conditions have been stated where the property is tainted and there is a third party ownership. They are all stated, so when a person brings them and is able to prove before the court, then that is where the application is allowed ex parte.
    If it has stopped then we are talking about general discretion which is subject only to constitutional caveat -- but this one has stated clearly that to be able to do that, the affidavit must state it. Mr Speaker, paragraph (e) says:
    “state the grounds for the belief that the property is tainted property and is subject to effective control of the respondent where the application seeks a freezing order …”

    Is it not a condition precedent?
    Alhaji I.A.B. Fuseini 4:23 p.m.
    No, you are deceiving us.
    Mr A. Dery 4:23 p.m.
    Why am I deceiving you? [Laughter]
    Mr Speaker, let us leave it and go on.
    Mr First Deputy Speaker 4:23 p.m.
    Hon Members, let me defer clause 67.
    Alhaji I.A.B. Fuseini 4:23 p.m.
    Mr Speaker, he is misleading us because whether an application is brought on notice or without notice ex parte, one must comply with subsclause (2). So for him to say that the ex parte application is grounded on compliance with subsclause (2) is misleading.
    Mr A. Dery 4:23 p.m.
    Mr Speaker, I would just draw his attention to the issue of third party where it states in the last sentence of paragraph (e) that, “against the property of a person other than the respondent”.
    Mr First Deputy Speaker 4:23 p.m.
    Hon Members, consideration of clause 67 is deferred.
    Clause 68 -- Issue of freezing order
    Mr First Deputy Speaker 4:23 p.m.
    Item numbered (v).
    Mr K. S. Acheampong 4:23 p.m.
    Mr Speaker, I beg to move, clause 68, subclause (1), opening phrase, line 2, delete “if it” and insert “where the Court”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:23 p.m.
    Item numbered (vi).
    Mr K. S. Acheampong 4:23 p.m.
    Mr Speaker, I beg to move clause 68 subclause (1), paragraph (a), delete “a serious offence” and insert “an offence under this Act.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:23 p.m.
    Item numbered (vii).
    Mr K. S. Acheampong 4:23 p.m.
    Mr Speaker, I beg to move, clause 68, subclause (1), paragraph (c), line 2, delete “a serious offence” and insert “an offence under this Act.”
    Mr Speaker, this is a consequential amendment.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 4:23 p.m.
    Mr Speaker, I beg to move clause 68 subclause (1), paragraph (d), line 2, delete “serious offence” and insert “offence under this Act.”
    Mr Speaker, this is also consequential.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:23 p.m.
    Item numbered (ix).
    Mr K. S. Acheampong 4:23 p.m.
    Mr Speaker, I beg to move, clause 68, subclause (1), paragraph (e), line 2, delete “related to a serious offence” and insert “tainted under this Act.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:23 p.m.
    Item numbered (x).
    Mr K. S. Acheampong 4:23 p.m.
    Mr Speaker, I beg to move clause 68 subclause (1), add the following new provision after paragraph (e):
    “state that the property is at risk of being dissipated or removed from the country;”.
    Alhaji I.A.B. Fuseini 4:23 p.m.
    Mr Speaker, it seems he did not delete the whole amendment under paragraph (e). He has to delete “related to a serious offence and that the property” but he just up read to “serious offence”.
    Mr Speaker, so that it would read 4:23 p.m.
    “The application seeks a freezing order against the property of a person other than the respondent because there are reasonable grounds to believe that the property is tainted property under this Act and it is subject to the effective control of the respondent”.
    Mr First Deputy Speaker 4:23 p.m.
    Is that the correct rendition?
    Alhaji I.A.B. Fuseini 4:23 p.m.
    Mr Speaker, that is the correct rendition because that is what we said. It should read:
    “The application seeks a freezing order against the property of a person other than the respondent because there are reasonable grounds to believe that the property is tainted property under this Act and it is subject to the effective control of the respondent”.
    Mr Kyei-Mensah-Bonsu 4:23 p.m.
    Mr Speaker, he is saying “and it is
    subject”. What is subject? It is the property that is subject, so it should read:
    “The application seeks a freezing order against the property of a person other than the respondent because there are reasonable grounds to believe that the property is tainted property and that the property is subject to the effective control of the respondent”.
    So, the “related to a serious offence” is what we are deleting and inserting “tainted.
    Mr Speaker, I would read the new rendition again 4:23 p.m.
    “The application seeks a freezing order against the property of a person other than the respondent because there are reasonable grounds to believe that the property is tainted property under this Act and the property is subject to the effective control of the respondent”.
    Mr Speaker, we omitted “under this Act” in describing the tainted property because it has been established already that it is tainted
    property. That is why we did not add that line. So once again, it should really read:
    “The application seeks a freezing order against the property of a person other than the respondent because there are reasonable grounds to believe that the property is tainted property and that that property is subject to the effective control of the respondent”.
    Mr K. S. Acheampong 4:23 p.m.
    Mr Speaker, we erred in the advertisement because it was supposed to read “tainted property”.
    Mr First Deputy Speaker 4:23 p.m.
    Very well.
    Then kindly read out the new rendition for the record.
    Mr Kyei-Mensah-Bonsu 4:23 p.m.
    Mr Speaker, the new rendition should read:
    “The application seeks a freezing order against the property of a person other than the respondent because there are reasonable grounds to believe that the property is tainted property and that that property is subject to the effective control of the respondent”.
    Mr Dafeamekpor 4:33 p.m.
    Mr Speaker, I have looked at the headnote of this particular clause. I am struggling why we are adding all the other part of the sentence after “tainted property under this Act”. Where we say “the application seeks a freezing order against the property of a person other than the respondent because there are reasonable grounds to believe that the property is tainted under this Act” is left there.

    Yes, I understand that there is a third party, but that third party is also captured in this Act. It is not necessary that we bring all that, in my humble opinion.
    Mr Chireh 4:33 p.m.
    Mr Speaker, based on what the Hon Member said, what we need to talk about is the change of “serious offence” there to “an offence under this Act”. This is because we cannot come to that conclusion of tainted property, it is not established. The freezing is to enable us with the reasons it should be tainted. So we should not change the word there to “tainted”. It should still read as follows:
    “The application seeks a freezing order against a property of a person other than the respondent because there are reasonable grounds to believe that the property is related to an offence under this Act”.
    That property is subject to the effective control of the respondent because we have not established that it is tainted property, it is only a freezing order.
    That is what it should read. What we are to change there is “serious offence” because it is defined in the Bill and it is not adequate. So we said that it should be “an offence under this
    Act”. Once we are still trying to establish whether it is tainted or not, we cannot immediately say it is tainted.
    Mr Kyei-Mensah-Bonsu 4:33 p.m.
    Mr Speaker, it looks like my Hon Colleague, by what he is doing is trying to take us back.
    Firstly, he should apply himself to clause 68(1) (c). It provides:
    “(1) Where an application is made for a freezing order, the Court shall issue the order if it is satisfied that
    (c) There are reasonable grounds to believe that the property is tainted…”
    So we come to paragraph (e) which then says:
    “the application seeks a freezing order against the property of a person other than the respondent …”
    It is a person other than the respondent because there are reasonable grounds to believe that the property is a tainted property:
    “… and that the property is subject to the effective control of that respondent;”
    This is because it should go against the respondent and not the person who perhaps owned it at this stage. It is the respondent, and that is why we need to construct it the way it is constructed.
    Mr First Deputy Speaker 4:33 p.m.
    Let me listen to Hon Fuseini.
    Alhaji I.A.B. Fuseini 4:33 p.m.
    Mr Speaker, we chose tainted property advisedly because tainted property has been defined. Thus:
    “tainted property” means property
    (a) used in or in connection with the commission of an offence under this Act;
    (b) derived, obtained or realised as a result of the commission of an offence under this Act.”
    Mr Speaker, this is why we used tainted property because this property which is subject to the freezing order is acquired or derived by the use of proceeds which constitutes an offence under this Act.
    Mr Speaker, I was drawing my Colleague, the Hon Member's attention to the fact that this order speaks to third party who has possession of the property.
    Alhaji I.A.B. Fuseini 4:33 p.m.


    Meanwhile the Director-General is going to the court to establish that even though the third party has possession of the property, the property is under the effective control of the person. So we need to put it there so that it is beyond doubt.

    Mr Speaker, you are a senior at the Bar. We are told gifts cannot pass even though there is a deed of gift but the property is still in the effective control of the person who originally possessed it.

    So I endorse what the Hon Majority Leader said. I think it puts it beyond doubt. Even though his rendition is correct, there is some ambiguity in that.
    Mr First Deputy Speaker 4:33 p.m.
    I have enough. Now I would put the Question.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 4:33 p.m.
    Mr Speaker, I beg to move, clause 68 subclause (1), add the following new provision after paragraph (e):
    “(#) state that the property is at risk of being dissipated or removed from the country;”.
    Alhaji I.A.B. Fuseini 4:43 p.m.
    Mr Speaker, we should delete “state that”. What we are saying is that, “…the court should be satisfied that the property --
    Mr First Deputy Speaker 4:43 p.m.
    Very well.
    So we will delete “state that” at the beginning of the proposed new rendition.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 4:43 p.m.
    Mr Speaker, I beg to move, clause 68 subclause (2), line 2, after “inform”, insert “in writing”.
    Mr Speaker, the new rendition would read 4:43 p.m.
    “The Director-General shall inform in writing, a person against whom a freezing order has been made within seven days after the order has been made.”
    Question put and amendment agreed to.
    Mr K. S. Acheampong 4:43 p.m.
    Mr Speaker, if you would indulge me, before I take the next advertised item, there is a minor correction I would
    want to effect in subclause (3), line 2, before “property” and after “if” insert “the”.
    Mr First Deputy Speaker 4:43 p.m.
    Very well, let me put the Question on that.
    Question put and amendment agreed to.
    Mr K.S. Acheampong 4:43 p.m.
    Mr Speaker, I beg to move, clause 68, subclause (4), paragraph (b), line 1, before “Attorney-General” insert “Director-General or the”.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 4:43 p.m.
    Mr Speaker, I beg to move, clause 68, subclause (4), paragraph (c), line 2, before “Attorney-General” insert “Director-General or the”.
    Mr Speaker, it is consequential.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 4:43 p.m.
    Mr Speaker, I beg to move, clause 68 subclause (6), line 1, delete “Where” and insert “When” and also delete “third parties” and insert “a third party”.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 4:43 p.m.
    Mr Speaker, I beg to move, clause 68, add the following new Subclause: “A copy of the freezing order shall be
    (a) posted on the noticeboard of the Court;
    (b) posted on a conspicuous place of the property; and
    (c) published in a daily news- paper of nationwide circulation.”
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 4:43 p.m.
    Mr Speaker, just a little consideration. Do we post at a place or on a place? I thought that it should rather read: “…posted at a conspicuous place…” and not “on”. In paragraph (b) of the new subclause. I thought it should read:
    “A copy of the freezing order shall be posted at a conspicuous place of the property.”
    And not “…on a conspicuous place…”
    Mr Kyei-Mensah-Bonsu 4:43 p.m.


    Hon Member for Kumbungu?
    Mr Ras Mubarak 4:43 p.m.
    Mr Speaker, I think both could suffice -- [Laughter] -- I say so because, we post on a wall --
    Mr First Deputy Speaker 4:43 p.m.
    Hon Member, speak to me. [Laughter]
    Mr Ras Mubarak 4:43 p.m.
    Mr Speaker, the Hon Majority Leader is using his experience to bully me.
    Mr First Deputy Speaker 4:43 p.m.
    Do not be intimidated.
    Mr Ras Mubarak 4:43 p.m.
    Mr Speaker, I would yield. I am sure it is a matter of grammar. If it is the wisdom of the House that what the Hon Majority Leader said is appropriate, so be it. But I am of the view that it be otherwise.
    Mr First Deputy Speaker 4:43 p.m.
    So what is the proposed amendment? Is it to delete “in” and insert “on”?
    Mr Kyei-Mensah-Bonsu 4:43 p.m.
    Mr Speaker, “…on the notice board…” is appropriate, but in paragraph (b), “…posted at a conspicuous place of the property”, but it is at a place and not on a place.
    Mr Chireh 4:43 p.m.
    Mr Speaker, because we want the notice to be posted on
    the property, so it is a conspicuous place of the property. It should be “on” and not “at”. The property we are talking about, “at”. If the property is in Legon, and the person goes there, he has to identify the property, but post it on the wall so that everybody will see. So it is “on”.
    Mr First Deputy Speaker 4:43 p.m.
    Hon Chireh, here, it does not talk about wall, but a place; “a conspicuous place”.
    Mr Chireh 4:43 p.m.
    Mr Speaker, if you look at it, “…posted on a conspicuous place of the property…” The property is the location.
    Mr A. Dery 4:43 p.m.
    Mr Speaker, if the property is a movable one and a signboard is put by it and it is conspicuous but it moves -- [Laughter] -- It should be “on the property” -- [Interruption] -- Yes, but if you say at a “conspicuous place”.
    Mr First Deputy Speaker 4:43 p.m.
    Yes, Hon Bawa? I am giving the opportunity to those who are not often here. I want to hear you -- [Laughter] -- When we do proper consideration, they are not often here, so I am happy you are here today.
    Mr Edward A. Bawa 4:43 p.m.
    Mr Speaker, I think that I would go with
    what the Hon Majority Leader said. You put something “on” when it is a surface, but if it is a place, it is a geographical area that they are looking, you post “at”.
    So, the sense here is that they are not specific to a surface --
    Mr First Deputy Speaker 4:43 p.m.
    “A copy of the freezing order shall be posted at a conspicuous place on the property” and “a copy of the freezing order shall be posted on a conspicuous place of the property”. I think “at” is appropriate.
    Alhaji I.A.B. Fuseini 4:53 p.m.
    The first rendition that he gave would go with “at”. But the rendition as it is here is correct. If we put the rendition as “posted at a conspicuous place on the property…” -- that is not the rendition on the Order Paper.
    Mr First Deputy Speaker 4:53 p.m.
    That is the new rendition he seeks to propose. He wants to propose that we delete “on” in paragraph (b) line (1), and insert “at”; then delete “of” and insert “on”. I thought that was the proposed amendment.
    Mr Dafeamekpor 4:53 p.m.
    Mr Speaker, I believe that when it gets to matters
    like this, practice should guide us. The practice in the court is that when such orders are granted, the notice board of the court is the first place that the notice is posted. The second place is the property in question, then the third one is about nortel cortella, in case they would want to publicise it. I do not think we should struggle over words like “on” and “at”. Sometimes, the judges themselves would couch the language --
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, I would put the Question on the rendition: “A copy of the freezing order shall be posted at a conspicuous place on the property.”
    Question put and amendment agreed to.
    Clause 68 as amended ordered to stand part of the Bill.
    Clause 69 -- Effect of freezing order
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, we would move on to the item numbered (xvi), by the Hon Chairman of the Committee.
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move, subclause (1), line 3, delete “of no effect” insert “void”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, we would move on to the item numbered (xvii), by the Hon Chairman of the Committee.
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move, subclause (2), line 3, delete “Sixth” and insert “Second”.
    Question put and amendment agreed to.
    Clause 69 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, we would move on to clause 70.
    Clause 70 -- Duration of freezing order
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, we would take the item numbered (xviii), by the Hon Chairman of the Committee.
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move, subclause (2), opening phrase, lines 1 and 2, delete “a serious offence” and insert “an offence under this Act” and further in line 4, delete both occurrences of “or restrained.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, we would move on to the item numbered (xix), by the Hon Chairman of the Committee.
    Mr K.S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move, subclause (2), paragraph (a), line 2, delete “a serious” and insert “the”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, we would move on to the item numbered (xx), by the Hon Chairman of the Committee. [Interruption]
    Mr Kyei-Mensah-Bonsu 4:53 p.m.
    Mr Speaker, I think that there is an inversion. Clause 2 (a) as in the item numbered (xix) should read:
    “The person is not charged with an offence under this Act within twelve months after the date of commencement of the investigation; or…”
    Mr Speaker, paragraph (b) should also read 4:53 p.m.
    “The person is acquitted of the offence under this Act.” So the (b) in the item numbered (xix) should really come to paragraph (b).
    Mr First Deputy Speaker 4:53 p.m.
    Let us do it this way; the amendments are not big so the Hon Chairman of the Committee would read the new rendition, so that I put the Question.
    Yes, Hon Chairman of the Committee?
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move that subclause (2)(a) reads:
    “The person is not charged with an offence under this Act within twelve months after the date of commencement of the investigation or…”
    Mr Speaker, I also move that subclause (2)(b) also reads 4:53 p.m.
    “The person is acquitted of the offence under this Act.”
    Question put and amendment agreed to.
    Clause 70 as amended ordered to stand part of the Bill.
    Clause 71 -- Review of freezing order
    Mr Kyei-Mensah-Bonsu 4:53 p.m.
    Mr Speaker, in clause 71, a minor
    amendment was proposed, unfor- tunately, it was not captured on the Order Paper. It relates to clause 71(2), which should rather read:
    “The Court may revoke or vary the order or subject the order to conditions imposed by the Court on hearing the interested party.”
    It is not as if automatically, once they hear they should revoke or vary the order.
    Question put and amendment agreed to.
    Clause 71 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, we would move on to the item numbered (xxi), clause 72.
    Clause 72 -- Extension of freezing order
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move, subclause (2), line 2, delete “it” and insert “the Court” and in line 3, delete “ought to” and insert “may” and repeat same in line 4, and also delete “it” in line 4, and insert “the property”.
    Mr Speaker, the new rendition would read 4:53 p.m.


    5. 03 p. m.

    “The Court shall, on application by the Director- General, extend the operation of the order for a specified period if the Court is satisfied that the confiscation order may be made in respect of the property or a part of the property or that a pecuniary penalty order may be made against the person”.
    Mr First Deputy Speaker 4:53 p.m.
    Hon Chairman, why do you want to change the ‘ought' to ‘may' in the last but one line, because you used ‘if' here:
    “…if the Court is satisfied that the confiscation order ought to be made…”.
    I think that remains. And if we go down:
    “…that a pecuniary penalty order ought to be made”.
    Mr Chireh 4:53 p.m.
    Mr Speaker, at the winnowing, we were trying to change -- [Inaudible] everything which was odd but I think what you are saying that one is correct so I would prefer that we leave it as it is. This is because in the use of the first ‘may', we were given an opportunity or discretion to
    the Court but this one, “ought to be made”, is the correct position. We should not change that.
    Mr First Deputy Speaker 4:53 p.m.
    Yes, I am waiting for the guidance of the House.
    Yes, Hon Member for Wa West?
    Mr Chireh 4:53 p.m.
    Mr Speaker, I think it should be “ought to be”; otherwise let us just leave it like that because it is English that we are constructing. Do we want to change everything to ‘may' or ‘shall'? That is not right.
    Mr K. S. Acheampong 4:53 p.m.
    I beg to withdraw the amendment. We would not change the ‘ought' to ‘may' in both lines 3 and 4.
    We would change the “if” to “the court” and “the property”.
    Mr First Deputy Speaker 4:53 p.m.
    Very well, I will put the Question.
    Question put and amendment agreed to.
    Clause 72 as amended, ordered to stand part of the Bill.
    Mr First Deputy Speaker 4:53 p.m.
    Clause 73?
    Clause 73 -- Power to apply to Court for confiscation order
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, we ask for a re-draft of the advertised amendment to stand for the construction so advertised.
    Mr Speaker, I beg to move, delete and insert the following 4:53 p.m.
    “Where a person is convicted of an offence under this Act, the Director-General may apply to the Court for a confiscation order against any property of the person that is deemed to be tainted.”
    Question put and amendment agreed to.
    Clause 73 as amended, ordered to stand part of the Bill.
    Mr First Deputy Speaker 4:53 p.m.
    Clause 74?
    Clause 74 -- Application for confiscation order
    Mr First Deputy Speaker 4:53 p.m.
    Hon Members, the item listed as (xxiii), Hon Chairman of Committee?
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move, subclause (1),
    line 1, after “confiscation” insert “or pecuniary penalty”.
    Mr Speaker, there is a minor insertion we would want to make on the headnote before we go to the body. The headnote would read:
    “Application for confiscation or penalty order.”
    Mr First Deputy Speaker 4:53 p.m.
    Is that the Headnote?
    Mr K. S. Acheampong 4:53 p.m.
    Yes, Mr Speaker, the headnote would read: ‘Application for confiscation or pecuniary penalty order'.
    Mr First Deputy Speaker 4:53 p.m.
    Very well, so we insert ‘or pecuniary penalty' after ‘confiscation'?
    Mr Kpodo 4:53 p.m.
    Mr Speaker, I just would like us, with your permission to go back to look at clause 73.
    Mr First Deputy Speaker 4:53 p.m.
    Can we finish with what we are doing now; I was just about to put the Question; so if we finish.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:53 p.m.
    Yes, Hon Kpodo, we just voted on clause 73, what --
    Mr Ahiafor 4:53 p.m.
    Mr Speaker, I would like to support the proposal coming from Hon Kpodo. I think it is an omission; the ‘is' is omitted so having drawn our attention to it, we should factor it into the amendment and with your leave, the amendment would be carried and you will put the Question.
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, that is not fatal at all.
    Mr First Deputy Speaker 4:53 p.m.
    I direct the draftspersons to insert ‘is' after ‘that' in the proposed new clause.
    Mr Kpodo 4:53 p.m.
    Mr Speaker, if we add ‘is' then, it means we are limiting property to land, but if it is more.
    Mr First Deputy Speaker 4:53 p.m.
    In drafting, singular means plural.
    So we will continue with clause 74. Hon Chairman, clause 74?
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I beg to move, delete and insert the following:
    “Where a person is convicted of an offence under this Act, the Director-General may apply to the Court for a confiscation order against any property of the person that deemed to be tainted.”
    Alhaji I.A.B. Fuseini 4:53 p.m.
    Mr Speaker, I do not know whether the advertised amendment is abandoning
    —
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I would further add onto the advertised amendment for line 2 to delete ‘or the Attorney-General. This is because we had done that earlier under clause 68.
    Mr First Deputy Speaker 4:53 p.m.
    Sorry, Hon Chairman, what are we deleting?
    Mr K. S. Acheampong 4:53 p.m.
    Mr Speaker, I would give the rendition:
    “An application for a confiscation or pecuniary order made by the Director-General shall be on notice to the respondent and be accompanied with an affidavit”.
    Mr Speaker, in line 1, when we insert ‘pecuniary penalty', we would delete, in line 2, ‘or the Attorney- General' before ‘shall'.
    Mr First Deputy Speaker 5:13 p.m.
    Very well.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 74, subclause 2, opening phrase, delete “affidavit shall'' and insert “application shall include in the affidavit''.
    Question put and amendment agreed to
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 74, subclause 1, paragraph (a), line 1, delete “give'' and in line 2, before “order'', insert “or pecuniary penalty''.
    Question put and amendment agreed to
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 74, subclause 1, paragraph (a), line 1, delete “state''.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 74, subclause 2, paragraph (c), delete “property is tainted'' and insert “respondent is a liable person''.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 74, subclause 2, paragraph (d), line 1, delete “state'' and insert “statement''.
    Question put and amendment agreed to
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 74, subclause 1, paragraph (f), line 1, delete “state'' and also delete “its location'' and insert “the location of the property''.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 74, subclause 1, paragraph (g), line 1, delete “state'' and in lines 2 and 3, delete “or the Attorney-General''.
    Question put and amendment agreed to.
    rose
    Mr First Deputy Speaker 5:13 p.m.
    Yes, Hon Member for Wa West?
    Mr Chireh 5:13 p.m.
    Mr Speaker, you have not put the Question on the whole of clause 74.
    Mr First Deputy Speaker 5:13 p.m.
    There is a proposed new clause.
    Mr Chireh 5:13 p.m.
    Mr Speaker, the proposed new clause is after clause
    74.
    Mr First Deputy Speaker 5:13 p.m.
    Very well.
    Clause 74 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 5:13 p.m.
    Item numbered (xxxi) on the Order Paper.
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, add the following new clause after Clause 74:
    “Presumption of acquisition of property and income.
    (1) In determining whether or not a confiscation or pecuniary penalty order
    may be made, the Court shall presume that the property and income indicated in the declaration was acquired as a result of a serious offence.
    (2) The burden of proof that the property or income which is the subject of the application or the declaration of property and income is lawfully acquired property is on the person convicted for the offence in relation to which the application is made.”
    Mr Chireh 5:13 p.m.
    Mr Speaker, the last word in the subclause 1, of the new clause should be:
    “…as a result of an offence under this Act''.
    This is because we do not want “serious offence'', as defined.
    Question put and amendment agreed to.
    New clause ordered to stand part of the Bill.
    Clause 75 -- Orders an application for confiscation
    Mr K.S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, head note, at end, add “or pecuniary penalty''.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 5:13 p.m.
    Mr Speaker, I beg to move, clause 75 subclause 1, paragraph (a), line 3, delete “two daily newspapers” and insert “one daily newspaper” and after “circulation”, insert “and the website of the Commission”.
    Mr Speaker, the Hon Ranking Member and the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs said that “one daily newspaper'', is not elegant enough in drafting language, so we should use “a daily newspaper'' -- [Interruption] -- It is “one'' because we want to qualify it.
    Mr First Deputy Speaker 5:13 p.m.
    Hon Chairman, allow him to tell me what he wants.
    Alhaji I.A.B. Fuseini 5:13 p.m.
    Mr Speaker, we use “two'' when it is countable but once it is “one'', it should be “a daily newspaper'' and that is what I have in my notes. Maybe, it is Mr Djietror who inserted the “one''.
    Mr Chireh 5:13 p.m.
    Mr Speaker, we used “one'' to avoid the situation of “a'',
    which could be plural as well. This is because originally, it was “two daily newspaper'' and we do not want it to be as in construction of a legal language where “a'' could also mean -- so we specified that it should be “one''.
    Mr First Deputy Speaker 5:13 p.m.
    Very well. We are ad idem now, so I would put the Question.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:23 p.m.
    Item numbered (xxxiv) on the Order Paper?
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 75, subclause (1), paragraph (c), line 2, delete “adduce evidence” and insert “show cause as to why the application should not be granted”.
    Question put and amendment agreed to.
    Clause 75 as amended ordered to stand part of the Bill.
    Clause 76 -- Quashing of conviction not to discharge confiscation order
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 76, head note, after “confiscation”, insert “or pecuniary penalty”.
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, the last advertised subclause under clause 76, is also consequential so --
    Mr First Deputy Speaker 5:23 p.m.
    Do you mean, clause 76 item numbered (xxxvii)?
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, yes, please.
    Question put and amendment agreed to.
    Clause 76 as amended ordered to stand part of the Bill.
    Clause 77 -- Persons liable to be proceeded against.
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 77, sectional note above clause 77, before
    “Forfeiture”, insert “Confiscation” and repeat same in head notes to clauses 78 to 84.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 77 subclause (1), paragraph (a), line 2, at end, add “or”.
    Question put and amendment agreed to
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 77, subclause (1), paragraph (b), delete.
    Question put and amendment agreed to
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 77, subclause (4), line 1, delete “A person” and insert “An authorised officer” and in line 2, delete “person” and insert “authorised officer”.
    Question put and amendment agreed to
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move,clause 77 subclause (7), paragraph (a), delete and insert the following:
    “(a) affect an earlier seizure or an exercise of a lawful power of the authorised officer and that exercise of lawful power shall remain in force until the conclusion of the proceedings under this Act; or”.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 77, subclause (8), delete.
    Question put and amendment agreed to.
    Alhaji I.A.B. Fuseini 5:23 p.m.
    Mr Speaker, we amended clause 77 in the sectional notes by putting before “forfeiture”, ‘confiscation' but I think that we missed ‘or'.
    So, the headnote will be “confiscation or forfeiture of property of liable persons”.
    Mr Speaker, in clause 77, we just said that we should insert ‘confiscation' before “forfeiture”. If we do so, it will read; “confiscation forfeiture” and all the clauses repeat same in the head notes --
    Mr First Deputy Speaker 5:23 p.m.
    I direct the draftspersons to insert ‘or' after ‘confiscation'.
    Clause 77 as amended ordered to stand part of the Bill
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, new clause add the following new clause before Clause 78,
    “Application to the Court
    (1) Where the Director- General has reason to believe that a person is liable, the Director-General may apply to a court for an order of forfeiture of the property of which a person is a holder and which the Director- General has reason to believe is tainted.
    (2) The affidavit in support of the application shall
    (a) give a description of the property in respect of which the confiscation order is sought;
    (b) state the name and address of the person who is believed to be in possession of the property;
    (c) state the grounds for the belief that the respondent is a liable person;
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, clause 78 subclause (1), line 1, delete “Attorney-General” and insert
    “Director-General” and in line 2, delete “may” and insert “shall”.
    Question put and amendment agreed to
    Mr K. S. Acheampong 5:23 p.m.
    Mr Speaker, I beg to move, Clause 78 subclause (4), lines 2 and 3, delete “has died” and insert “is deceased” and in line 4, after “or” insert “where there is no personal representation,”
    Question put and amendment agreed to
    Alhaji I.A.B. Fuseini 5:23 p.m.
    Mr Speaker, in the new clause, I see an attempt to create a specie of proprietary interest and I do not know of that. One either has owner of the property, beneficiary owner, possessory owner but to say, of which he is the holder, I do not know of that specie ownership. So, the draftsperson can -- because I have never come across holder of property.
    Mr First Deputy Speaker 5:23 p.m.
    Which particular clause are you talking about?
    Alhaji I.A.B. Fuseini 5:33 p.m.
    Mr Speaker, the new clause which reads:
    “Where the Director-General has reason to believe that a person
    is liable, the Director-General may apply to a court for an order of forfeiture of the property of which a person is a holder…”.

    If we say “holder” do we mean that he is in possession or he is the owner? What do we mean? Mr Speaker, we are creating a specie of interest here and I do not know that --
    Mr Chireh 5:33 p.m.
    Mr Speaker, I have seen “holder” in this Bill and we have passed it. Because a “holder” is the person who is in possession and controls - So the issue is not about possession interest. It is defined as a person who is holding the property.
    Alhaji I.A.B. Fuseini 5:33 p.m.
    Mr Speaker, I understand the concept but my difficulty is that this is a property and when we say “holder,” it might not be talking about movable property because if it is movable property --
    Mr First Deputy Speaker 5:33 p.m.
    Is the person referred to as holder here the same as the person who is in possession? Or the person who has the legal title?
    Alhaji I.A.B. Fuseini 5:33 p.m.
    Mr Speaker, thank you. That is my problem.
    Mr First Deputy Speaker 5:33 p.m.
    Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 5:33 p.m.
    Mr Speaker, I think that what we are trying to run away from the use of the word “control” because elsewhere they had stated “a person in control”. However, “control” as used in other parts of the Bill connotes a different meaning and that is why we introduced “holder” as the person in possession or we can just say “a person in possession”.
    Mr First Deputy Speaker 5:33 p.m.
    Yes, “a person in possession” would be better.
    Very well. So, we would delete “of which a person is a holder” and insert “of which a person is in possession”.
    Let the draftspersons take note and make the appropriate corrections.
    Hon Leader, I intend to end at 6.00 p.m. but excuse me for two minutes.
    Mr First Deputy Speaker 5:33 p.m.
    Hon Members, let us continue.
    Mr K. S. Acheampong 5:33 p.m.
    Mr Speaker, you were to put the Question on the entire clause 78.
    Mr Ahiafor 5:33 p.m.
    Mr Speaker, I beg to move a minor amendment before we take the advertised amendment by the Hon Chairman.
    Mr Speaker, I beg to move, clause 79, subclause (1)(a) line 1, delete “notice” and insert “application”. Mr Speaker, the reason is that we do not hear notice, rather we hear application.
    Mr First Deputy Speaker 5:33 p.m.
    Hon Member, please read the entire rendition.
    Mr Ahiafor 5:43 p.m.
    Mr Speaker, it reads: “(a) at the hearing of the notice of forfeiture, the person against whom the notice was issued fails to appear and the Court is satisfied that the person could not be served or that the person has absconded or is outside Ghana and cannot be compelled to attend before the Court
    …”
    Mr Speaker, the marginal notes read “Notice to show cause against forfeiture”.

    So there is an application for forfeiture and they are issuing a notice to show cause so that you could appear on the day of the hearing of the application to show cause and not on the day of the hearing of the notice.
    Mr First Deputy Speaker 5:43 p.m.
    If you just say application, it still does not cure the defect. Making it “hearing of the application to show cause” without making it complete, the defect was still not cured.
    Mr Kyei-Mensah-Bonsu 5:43 p.m.
    Mr Speaker, we are dealing with notice to show cause against forfeiture in clause 78, and clause 79 continues from clause 78. Indeed, in clause 78
    (1):
    “Where proceedings are commenced by the Director- General for the forfeiture of a property, the Court shall on hearing the application …”
    Mr Speaker, this continues. And so in clause 79 5:43 p.m.
    “79 (1) Where
    (a) at the hearing of the application of forfeiture
    …”
    So, “application” is right instead of “notice”.
    Mr First Deputy Speaker 5:43 p.m.
    Is it “application of forfeiture” or “application for forfeiture”?
    Mr Kyei-Mensah-Bonsu 5:43 p.m.
    It should be “application for forfeiture”.
    Mr First Deputy Speaker 5:43 p.m.
    Very well.
    Alhaji I.A.B. Fuseini 5:43 p.m.
    Mr Speaker, in clause 78(1), second line, there is “for the forfeiture of a property”. So clause 79(1) should read:
    “79 (1) Where
    (a) at the hearing of an application for the forfeiture of property, the person…”
    Mr First Deputy Speaker 5:43 p.m.
    Very well.
    Question put and amendment agreed to.
    Mr K. S. Acheampng 5:43 p.m.
    Mr Speaker, I beg to move, subclause (1), paragraph (b), line 1, delete “person affected” and insert “liable person”.
    Question put and amendment agreed to.
    Mr K. S. Acheampng 5:43 p.m.
    Mr Speaker, I beg to move, clause 79 subclause (1), the closing phrase after paragraph (b), line 1, delete “be continued” and insert “continue”.
    Mr Speaker, the new rendition would read 5:43 p.m.
    “The proceedings shall continue in the absence of that person.”
    Question put and amendment agreed to.
    Mr K. S. Acheampng 5:43 p.m.
    Mr Speaker, I beg to move, clause 79, subclause (2), line 1, delete “records a finding” and insert “finds” and in line 2, delete “that” and further in line 4, delete “subject to this Act”.
    Question put and amendment agreed to.
    Mr K. S. Acheampng 5:43 p.m.
    Mr Speaker, I beg to move, clause 79, subclause (3), delete and insert the following:
    “Where the Court finds that any of the properties specified in the application is tainted property but that the liable person is not
    Mr Chireh 5:43 p.m.
    Mr Speaker, because of the earlier argument on possession, this one also has a holder. So if you could give that consequential order.
    Mr Chairman 5:43 p.m.
    Very well.
    Hon Chairman, please read the new rendition.
    Mr K. S. Acheampong 5:43 p.m.
    Mr Speaker, the new rendition would be:
    “Where the Court finds that any of the properties specified in the application is tainted property but that the liable person is not in possession of the property, the Court shall order that the property be forfeited.”
    Question put and amendment agreed to.
    Mr K. S. Acheampng 5:43 p.m.
    Mr Speaker, I beg to move, clause 79, subclause (4), redraft as follows:
    “(4) Despite subsection (3), where a person claims to be lawfully entitled to the tainted property as a purchaser in good faith for valuable consideration, the Court shall
    proceed to consider that claim.
    (5) Where the Court, after giving an opportunity to the Director-General to rebut the claim made under subsection (4), the Court is satisfied that the claimant is not a purchaser in good faith for valuable consideration, the Court shall order that the property is forfeited.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:43 p.m.
    Now I would put the Question on the entire clause 79.
    Mr Banda 5:43 p.m.
    Mr Speaker, in the new clause 78(5), there is the repetition of the words “the Court” as it appears on the Order Paper. Mr Speaker, with your permission, let me read it:
    “(5) Where the Court, after giving an opportunity to the Director-General to rebut the claim made under subsection (4), the Court is satisfied …”
    Mr Speaker, it cannot be this. We have to delete the second “the court” so that it reads:
    (5) Where the Court, after giving an opportunity to the Director-General to rebut the claim made under subsection (4) is satisfied that the claimant is not a purchaser in good faith for valuable consideration, it shall order that the property is forfeited.”
    Mr First Deputy Speaker 5:53 p.m.
    But is “after giving the opportunity to rebut” a proper legal language?
    It is like you are making a legal argument of a client. I think it is procedural.
    Alhaji I.A.B. Fuseini 5:53 p.m.
    Mr Speaker, according to the Narcotics Control Board as presently constituted, they would want everything captured in the new Bill to be beyond doubt. There are a lot of matters of procedural law in this Bill, but they said they would want to put it beyond doubt.
    In fact, if you file a third party interpleader, you have to come and - - This is the way they said they want it.
    Question put and amendment agreed to.
    Clause 79 as amended ordered to stand part of the Bill.
    Clause 80 -- Forfeiture of certain types of properties.
    Mr K. S. Acheampong 5:53 p.m.
    Mr Speaker, I beg to move, clause 80, delete and insert the following:
    “Forfeiture of certain types of properties”.
    80. (1) Where a Court is satisfied that a property which has been ordered to be forfeited
    (a) cannot be located or traced,
    (b) is located outside Ghana, or
    (c) has been comingled with other property which cannot be separated or divided without difficulty;
    and the Court determines that there is another property owned by the liable person, the Court shall order that other property of that liable person to be forfeited to the value of the property originally ordered to be forfeited.
    (2) Where the Court is satisfied that a property which has been ordered to be forfeited
    Mr Banda 5:53 p.m.
    Mr Speaker, I have just a minor amendment to the concluding portion of clause 80(1). I am of the opinion that the word “to” which appears in line 3 be deleted. It should be “be forfeited” instead of “to be forfeited”.
    Mr First Deputy Speaker 5:53 p.m.
    If you delete it, read the new rendition.
    Mr Banda 5:53 p.m.
    Mr Speaker, it would read:
    “80 (1) Where a Court is satisfied that a property which has been ordered to be forfeited…and the Court determines that there is another property owned by the liable person, the Court shall order that other property of that liable person be forfeited…”
    Mr First Deputy Speaker 5:53 p.m.
    Very well. I was looking at the wrong place. That is why I was confused.
    Mr Ahiafor 5:53 p.m.
    Mr Speaker, I support his amendment. If you put the Question, I would then do an observation on clause 80 (1)(a).
    Mr First Deputy Speaker 5:53 p.m.
    It is only one clause, and so if there is an amendment, state it.
    Mr Ahiafor 5:53 p.m.
    Mr Speaker, my observation is that, if you look at clause 80(1) (a), it says:
    “80(1) Where a Court is satisfied that a property which has been ordered to be forfeited
    (a) cannot be located or traced,”
    Meanwhile, if you look at the events, there would be freezing, confiscation and forfeiture. Then when it gets to forfeiture, we are envisaging a situation where the property cannot be located or traced. How was the property seized and how was it frozen or confiscated to get to a forfeiture stage for it to be said that the property cannot be located or traced?
    Mr First Deputy Speaker 5:53 p.m.
    Yes, Hon Member for Wa West?

    they explained was that, the property might be in another place which is not located, but they have all the particulars of the property. Now, the physical location is the issue. That was why they said it should be forfeited. That was the explanation by the promoters. It could also be in a different jurisdiction and they have the particulars but have not located it.
    Alhaji I.A.B. Fuseini 5:53 p.m.
    Mr Speaker, I was not there when this provision was considered. [Interruption] -- It is not there, where is it? I do not see anywhere in the law, the portion that says, “and the court determines that there is another property”.
    Mr Speaker, we are dealing with a liable person. If the property is tainted, it is liable to confiscation. The Hon Member is saying that property has been commingled, but this same liable person has a property which is not tainted. That is the presumption he is creating here.
    When a person is arrested, there is a presumption that all the properties he has are tainted. Now we are creating the presumption here that this particular property is not tainted and

    Secondly, all property is tainted until the person -- We have already created that presumption, until the person comes and says that this particular property is bequeathed by inheritance and cannot be tainted. The Hon Member is now saying that even when that happens, this law should permit the Narcotics Control Commission to take the property in satisfaction of the tainted one that has been commingled. Mr Speaker, the law says --
    Mr Chireh 5:53 p.m.
    Mr Speaker, where is he arguing? - I am arguing the third part where the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs amended.
    Mr Speaker, the practice is that, where there is a commingled property or where the liable person has an interest --
    Mr First Deputy Speaker 5:53 p.m.
    Hon Majority Leader, can I defer this item for the Committee to conclude discussion on it, so that we could continue with that tomorrow?
    On that note, this brings us to the end of the Consideration Stage of the Narcotics Control Commission Bill, 2019 for today.
    ADJOURNMENT 5:53 p.m.
  • The House was adjourned at 6.01 p.m. till Friday, 28th February, 2020 at 10.00 a.m.