Debates of 10 Mar 2020

MR SPEAKER
PRAYERS 11:17 a.m.
VOTES AND PROCEEDINGS 11:17 a.m.
AND THE OFFICIAL REPORT 11:17 a.m.
Mr Speaker 11:17 a.m.
Hon Members, Corrections of Votes and Proceedings of Thursday, 5th March,
2020.
Page 1…8 --
rose
Mr Woyome 11:17 a.m.
Mr Speaker, may I take you to page 8? I have been marked as absent without permission, but that is not the case. I sought permission.
Mr Speaker 11:17 a.m.
Page 9…39 --
rose
Mr Iddrisu 11:17 a.m.
Mr Speaker, sorry to take you back. On page 22 -- amendment on clause 23 reads which with your permission I beg to quote:
“The Economic and Organised Crime Office Act, 2010 (Act 804) is amended by the repeal of section 75 and the Schedule.”
Mr Speaker, I was wondering whether in the Economic and Organised Crime Act, we have only one schedule. But I have asked the Hon Yieleh Chireh to crosscheck so that the Table Office would take note of it.
Mr Speaker 11:17 a.m.
Thank you very much.
Page 39…47 --
rose
Mr Speaker 11:17 a.m.
Yes, Hon Minority Leader?
Mr Iddrisu 11:17 a.m.
Mr Speaker, just for the record, this is a Bill and I did not have an opportunity, after the Motion -- I left the Chamber.
Mr Speaker, on page 29, there is “not applicable” (N/A), which is in the Bill as N/A; which law? And where
in the world? No, we cannot say not applicable to a legislation. I am worried about that - [Interruption] - it could be the proceedings, but it is not the right thing to do.
rose
Mr Speaker 11:17 a.m.
Yes, Hon Leader?
Mr Kyei-Mensah-Bonsu 11:17 a.m.
Mr Speaker, the Votes and Proceedings reflects whatever Business that we transact here and the Bill had that which is reflected appropriately. If the Hon Member says that perhaps, we would have to change it, that is a different call that he would make, but certainly, that is what is contained in the Bill.
Mr Speaker 11:17 a.m.
Please, let us stick to this matter. The Votes and Proceedings stage is not for revision of our decisions, even at the Consideration Stage where we are entitled to raise a Second Consideration Stage. But let us take corrections of the Votes and Proceedings as correction per se.
Page 47 --
rose
Mr Speaker 11:17 a.m.
Yes, Hon Member?
Mr Otuteye 11:17 a.m.
Mr Speaker, sorry to take you back to page 13. There is an error; we have “€85,112,850.00”, but in words it was written as “eighty-five million, one hundred and twelve thousand, eight hundred and fifty-four euros.
Mr Speaker, the figures do not correspond with the written words. I cannot tell where the fault is.
Mr Speaker 11:17 a.m.
Hon Member, the words do not correspond with the figures?
Mr Otuteye 11:17 a.m.
No, Mr Speaker.
Mr Speaker 11:17 a.m.
Hon Member, which is the right one by your interpretation?
Mr Otuteye 11:17 a.m.
Mr Speaker, I cannot tell because I do not know which one is original.
Mr Speaker 11:17 a.m.
Very well, so the Table Office should please re- examine it, so that the words and the figures would be coterminous with one another. Hon Member, I take it that that is the essence of your correction.
Pages 48 and 49.
rose
Mr Speaker 11:17 a.m.
Yes, Hon Minority Leader?
Mr Haruna Iddrisu 11:27 a.m.
Mr Speaker, even though you have guided the Hon Majority Leader, I would want to refer you to page 33, which is on the “oath of secrecy”. I would want to refer you to the oath of secrecy as captured in the 1992 Constitution. In the Votes and Proceedings, it is captured as: “To be sworn before the President, the Chief Justice or a person designated by the President.”
If we go to the original rendition in the Constitution, it reads:
“To be sworn before the President, the Chief Justice or such other person as the President may designate.”
I would just want to draw the attention to fact that the Bill under consideration cannot be superior to the exact words used in the Constitution.
If we go to page 208 of the Constitution, the words used there are not the same as the ones used in this proposed and adopted amendment
during the Consideration of the Narcotics Control Commission Bill, 2019. [Interruption] --
Mr Kyei-Mensah-Bonsu 11:27 a.m.
Mr Speaker, unfortunately, I do not have the Bill before me. Indeed, I do not even have a copy of the Votes and Proceedings before me. However, I think that we would consider the correctness of it.
If it has to do with the “oath of secrecy”, then I would think that the first thing to be done would be the “oath of office”. I do not know whether we have the “oath of office”, but first of all, that is what should be referred to, and not the “oath of secrecy.” Beyond the “oath of office” comes the “oath of secrecy”.
I however, agree with the Hon Minority Leader that generally, the language should be reflective of what is contained in the Constitution generally.
Mr Speaker 11:27 a.m.
One thing is that, we are going by what was decided upon that day. It is a reportage; so essentially, it is the correct presentation. It appears that we may need to re-examine it, but that would be done at the appropriate time. We have every right and power to do so accordingly.
Hon Minority Leader, I hope you appreciate that situation. We would later flag it for further consideration. The Table Office must therefore accordingly take notice of that.
Mr Samuel Nartey George 11:27 a.m.
Mr Speaker, with your kind indulgence, I would want to take you back to page 7. I was marked “absent”, even though I had taken permission from your office for an official trip during the whole of last week.
Mr Speaker 11:27 a.m.
So you were “absent with permission”?
Mr George 11:27 a.m.
Mr Speaker, no, I was marked “absent”, not “absent with permission”. So I just want to draw the attention of the Table Office to that.
Mr Speaker 11:27 a.m.
So were you present?
Mr George 11:27 a.m.
Mr Speaker, no, I took permission from your office for an official trip. So I was “absent with permission”, but I have been marked “absent”, instead of “absent with permission”.
Mr Speaker 11:27 a.m.
So you were “absent with permission”. That was what I was saying. That should be amended accordingly.
Mr George 11:27 a.m.
Thank you very much, Mr Speaker.
Mr Samuel Okudzeto Ablakwa 11:27 a.m.
Mr Speaker, I am grateful.
Mr Speaker, I would want to draw attention to the challenge with the words and figures not corresponding in the Votes and Proceedings. The same challenge appears on page 12 on Motion 13. The Table Office may therefore accordingly make the reconciliation.
Mr Speaker 11:27 a.m.
The Table Office should reconcile the wordings and the figures accordingly.
Mr Kwame Governs Agbodza 11:27 a.m.
Mr Speaker, I know that you directed the Table Office to take note of that, but the fact is that they thoroughly reviewed this Bill. The amount in figure is correct, so, what should be revised is just the amount in words.
Mr Speaker 11:27 a.m.
The Table Office should further be guided by what is being said. They should certainly examine that issue, taking into account what the Hon Member for Adaklu has just said.
Mr Kyei-Mensah-Bonsu 11:27 a.m.
Mr Speaker, Hon Sam George said he made an application to you because he filled a leave of absence form and submitted it through the normal channel, I guess.

Mr Speaker, I would want to know whether he had a commu- nication from you to the effect that you had granted that permission, notwithstanding the fact that he was on an official trip. It is for this reason that even when we travel together as a Committee, we still are required to individually submit our leave of absence forms to be approved.
Mr Speaker 11:27 a.m.
Very well, that could be further examined, if it is the wish of the Hon Majority Leader. Meanwhile, the Hon Member was away with permission.
Hon Members, we would now move on to the Official Report of 14th February, 2020.
Hon Members, any corrections?
Mr Ablakwa 11:27 a.m.
Mr Speaker, at column 061, the third paragraph, the rendition “Fernando Po” should be corrected accordingly. At column 062 also, the third paragraph, the Committee that has been listed there as “Trade, Tourism and Creative Arts” is not the proper rendition.
Mr Speaker, Standing Order (159) states that the Committee is “Trade, Industry and Tourism”. The correction could therefore be made accordingly.
Mr Speaker 11:27 a.m.
Thank you, Hon Member.
Hon Members, any other corrections?
Hon Members, in the absence of any further corrections, the Official Report of 14th February, 2020 is hereby admitted as the true record of proceedings.
Hon Members, we would move on to the item listed as 3 -- Questions.
The Hon Minister for Gender, Children and Social Protection may please take the appropriate chair.
ORAL ANSWERS TO 11:27 a.m.
QUESTIONS 11:27 a.m.
MINISTRY OF GENDER, 11:27 a.m.
CHILDREN AND SOCIAL 11:27 a.m.
PROTECTION 11:27 a.m.
Mr Yusif Sulemana (NDC -- Bole/Bamboi) 11:27 a.m.
Mr Speaker, I beg to ask the Minister for Gender, Children and Social Protection which queen mothers from the Bole District benefited from the 30 per cent School Feeding Caterer's Protocol Allocation for Queenmothers.
Minister for Gender, Children and Social Protection (Mrs Cynthia Morrison)(MP) 11:27 a.m.
Mr Speaker, in 2018, there was a 30 per cent expansion of school feeding to basic primary schools in the Country. Under this expansion, the Bole District benefitted from ten (10) schools. However, specific allocations were not made to queenmothers.
Below is the list of schools in the Bole District that benefitted from the expansion:
Mr Speaker 11:37 a.m.
Thank you very much, Hon Minister.
Yes, Hon Member, any further questions?
Mr Sulemana 11:37 a.m.
Mr Speaker, in 2017, the Ministry came out with a guideline for the allocation of School Feeding to caterers, and in that guideline, 30 per cent was reserved as protocol. And in there, it was mentioned that queenmothers were going to benefit. So my question is, how many Queenmothers in the Bole District benefited from the programme and why did the Ministry not make allocation for them? I am not talking about the expansion the Hon Minister is talking about.
Ms Morrison 11:37 a.m.
Mr Speaker, I assumed office in 2018 and I did not see the list of any queenmothers. Throughout the country, we did not make allocations for any queenmothers so there would not be an exception for Bole.
Mr Sulemana 11:37 a.m.
Mr Speaker, the former Minister for Gender, Children and Social Protection, in the name of Hon Otiko Afisa Djaba was in this House and in answering a Question that I asked her, came out with a guideline --[Interruption]-- I am
saying that in that guideline, which was even said to be a Cabinet document stated that 30 per cent allocation for protocol, and queenmothers were supposed to benefit, and I am trying to find out the queenmothers who benefited from my district.
Ms Morrison 11:37 a.m.
Mr Speaker, a guideline is not statutory; so no Minister is bound. But I would go back and look at the guideline that the Hon Member is talking about; I have not seen any.
Mr Sulemana 11:37 a.m.
Mr Speaker, the Hon Minister's answer is that she has not seen a guideline that her own Ministry is working with. I leave it here.
Thank you.
Mr Speaker 11:37 a.m.
Hon Member for Bole Bamboi, please repeat your question.
Mr Sulemana 11:37 a.m.
Mr Speaker, I said that I asked the Question based on a document that was presented to this House, but the Hon Minister says she is not aware of that document so, I said that if she is not aware of that document then I would not proceed with my questions.
Ms Morrison 11:37 a.m.
Mr Speaker, that is a comment and I am not going to add anything to it.
Mr Speaker 11:37 a.m.
Thank you very much Hon Minister.
Question 656?
Steps to Educate the People Along the Volta Lake on Child
Trafficking.
Mr Rockson-Nelson E. K. Dafeamekpor 11:37 a.m.
Mr Speaker, I have the permission of the Hon Member to seek your leave to ask the Question on his behalf.
Mr Speaker 11:37 a.m.
Hon Member, go on.
Mr Rockson-Nelson E. K. Dafeamekpor (on behalf of)(Mr Alexander Roosevelt Hottordze) (NDC -- Central Tongu): Mr Speaker, I beg to ask the Minister for Gender, Children and Social Protection what steps the Ministry is taking to educate the people along the Volta Lake on child trafficking.
Ms Morrison 11:37 a.m.
Mr Speaker, the Ministry has embarked on awareness raising campaigns to educate the general public and in particular, communities along the Volta Lake. Key achievements include:
On 18th August, 2018, my Ministry embarked on a community durbar in the Afram Plains North, Bridge Ano and its enclave to educate the people on the dangers of child trafficking and child labour. This was done with support from the Member of Parliament, Hon Betty Nana Efua Krosbi Mensah and the Kwahu North District Assembly.
On 17th February, 2019, the Ministry, together with the Member of Parliament for North Dayi in Kpando, Hon Joycelyn Tetteh, embarked on community sensitisation on issues of child trafficking and child labour in that constituency.
The Ministry observed the commemoration of the World Day against Human Trafficking celebration on 30th July 2019 at Yeji, in the Pru East District in the Bono East Region, to educate the people on existing laws on child trafficking and child labour.
On 9th January, 2020, the Ministry and the Human Trafficking Management Board in collaboration with the International Organization for Migration (IOM) held a community engagement and fact-finding mission exercise on human trafficking and child exploitation at Kete Krachi in the Oti Region. The Member of Parliament for Krachi, Hon Helen Ntoso, the Krachi District Assembly Traditional
Mr Speaker 11:37 a.m.
Yes, Hon Member?
Mr Dafeamekpor 11:37 a.m.
Mr Speaker, thank you very much. Before I proceed with my supplementary question, I would just like to place it on record that Dzemeni is in South Dayi District, not in the North Dayi District.
Mr Speaker, we thank the Minister for her tours to the various areas that child trafficking does take place.
Mr Speaker, I just want to find out if as part of her work that she started, she has been able to develop a map of the areas that are actually endemic with these activities and how she intends to curb i?.
Mrs Morrison 11:47 a.m.
Mr Speaker, we would not only do the Volta Lake but we would also do the Brong Ahafo Region because of the cocoa child labour. So we would look at the road map and get to them.
Mr Speaker 11:47 a.m.
Hon Member, any further questions?
Mr Dafeamekpor 11:47 a.m.
Mr Speaker, I am particularly happy that the Hon Minister went to Dzemeni and intends to support the children who do not go to school. As the Hon Member for the area, I want to know the kind of support that are available so that it could be assessed.
Mr Speaker 11:47 a.m.
Thank you very much Hon Member, for your public appreciation.
Mrs Morrison 11:47 a.m.
Mr Speaker, I spoke to my Colleague, Hon Dafeamekpor with the help of the district assemblies and the families. We have to first of all counsel the children to know exactly where their interests lie before we put them into any vocation, because we cannot just force anything on them.
Mr Speaker, with his help and in collaboration with the district assembly, we would look at the interest of the children so that we could put them in the various particular vocations.
Mr Speaker 11:47 a.m.
Thank you very much Hon Minister and thank you for attending upon the House and answering our Questions this morning.
Question 659, which stands in the name of the Hon Member for Keta, Mr Richard Quashigah.
MINISTRY OF TRANSPORT 11:47 a.m.
Mr Richard Mawuli Kwaku Quashigah (NDC -- Keta) 11:47 a.m.
Mr Speaker, I beg to ask the Hon Minister for Transport what plans the Government has to build a sea port in the Keta Municipality.
Mr Quashigah 11:47 a.m.
Mr Speaker, the Hon Minister said that the expression of interest was advertised and seven out of the 19 responded applicants were shortlisted to submit technical and financial proposals for feasibility studies.
We also do know that in April 2018, the Government through the GHPA, signed a Memorandum of Understanding (MoU), with the Diamond Cement Ghana Limited for the construction of the Keta Port, to which feasibility studies were done which superseded an earlier conditional offer given to the same company in 2015.
Mr Speaker, I would want to know if that relationship still stands or it has been abrogated, for which reason a number of companies have been shortlisted to submit proposals?
Mr K.O. Asiamah 11:47 a.m.
Mr Speaker, what happened in 2018 between GPHA and Diamond Cement was for Diamond Cement to construct a jetty which they would use to offload their clinker to do their business.
This MoU was agreed to because GPHA thought that if the jetty was constructed, it would be part of the general port facility. So that was what was agreed on but they could not conclude that MoU because Diamond Cement could not fulfil part of the agreement.
Mr Quashigah 11:47 a.m.
Mr Speaker, we have been told that in early 2018, a Director for Keta Port was appointed as the Director of Ports. However, we have been told today, that his responsibility is to coordinate activities for the development of the port.
I would want to know if this new person appointed outside the GPHA has competency that existing staff of the GPHA do not have, for which
Mr Speaker 11:57 a.m.
Hon Member, I did not even get your question -- [Laughter] -- I cannot call on any Hon Minister to answer a question that I do not follow closely -- [Laughter.]
Hon Member, if you may please reformulate?
Mr Quashigah 11:57 a.m.
Mr Speaker, I will reframe my Question.
Mr Speaker, a Director of Ports for the Keta Port was appointed in the early days of the year 2018. I would want to find out from the Hon Minister what necessitated the appointment of a Director of Ports for Keta at the time the port was not in existence? Also, why was this person new altogether; he was not an official at the Ghana Ports and Harbours Authority (GPHA). Is it the case that the GPHA lacked competent and capable people to perform the tasks this new person is supposed to perform?
Mr Speaker 11:57 a.m.
Hon Member, who is a new person?
Mr Quashigah 11:57 a.m.
Mr Speaker, by that I mean someone who is not a staff of the GPHA but entirely new to the office.
Mr Speaker 11:57 a.m.
Hon Member, new to what?
Mr Quashigah 11:57 a.m.
Mr Speaker, new to the GPHA. At the time, we had five different Directors of Ports and two of them were operating at the Ministry of Transport.
Mr Speaker, the argument is, why did the Government not decide on one of the two redundant Directors of Ports, but to engage somebody who is completely outside GPHA?
Mr Kyei-Mensah-Bonsu 11:57 a.m.
Mr Speaker, in asking the question, the Hon Member said that his “argument is”, meaning he is arguing a case. The Hon Member knows that his posture offends the rules of this House.
Mr Speaker, Standing Order 67(1)(b) provides; “Questions must comply with the following conditions
-- 11:57 a.m.
Mr Speaker 11:57 a.m.
Hon Member, advise yourself.
Mr Quashigah 11:57 a.m.
Mr Speaker, if the use of the phrase ‘argument' offends the sensibility of the Hon Majority Leader, I delete that aspect of the question but the question still stands.
Mr Kyei-Mensah-Bonsu 11:57 a.m.
Mr Speaker, what the Hon Member said does not offend my sensibilities in any way, it goes against the rules in this House, which is what we must learn. So if he has any question, he should please ask the question which should conform to the rules of this House. However, he should not appeal to my sensibilities.
Mr Speaker 11:57 a.m.
Hon Member, you may ask a question or make a statement later, but ask your question.
Mr Quashigah 11:57 a.m.
Mr Speaker, I will ask a question. Earlier in the year 2018, they appointed a Director of
Ports and the question is, why would they appoint a Director of Ports when the port, in the first place, does not exist?
Secondly, at the time where there were five Directors of Port in Ghana under the GPHA, and two of them were redundant and were operating at the Ministry, why should they?
Mr Speaker 11:57 a.m.
Hon Member, that is enough.
Hon Minister, what informed the decision of the appointee?
Mr K. O. Asiamah 11:57 a.m.
Mr Speaker, building a port is not just an event but a process that one needs to go through and the President in his own wisdom thought that paying particular attention to the Keta Port was so dear to him that he needed somebody who had the technical expertise to see to the operations of the Port.
Mr Speaker, yes, the Hon Member said that at the time this person was appointed there was no port. Indeed, there was no port but we needed to start the process and the processes would start from the port that we are putting in place.
One cannot just put up the structure there in a day without going through the necessary steps to be taken.
Mr Quashigah 11:57 a.m.
Mr Speaker, the Hon Minister made reference to the campaign promise made by the President to build a port for the people of Keta and the President has a four year mandate which ends in December.
I would like to find out from the Hon Minister how many months they intend to begin and complete with the construction of the Port considering the fact that the President made a promise of doing that within his four year mandate?
Mr K. O. Asiamah 11:57 a.m.
Mr Speaker, I said it here that we are going through the feasibility studies and after that it will determine the kind of infrastructure that we need to put in place at the Keta Port.
Per the Constitution, the President has the right to contest for another term of office of which he has
declared his intention; and I have no doubt in my mind that the good people of this country will vote for him.
rose
Mr Speaker 11:57 a.m.
Hon Member for Adaklu, what is your difficulty?
Mr Agbodza 11:57 a.m.
Mr Speaker, I appreciate the answers provided by the Hon Minister but he did say in his Answer that the consultancy services will start --
Mr Speaker 11:57 a.m.
Hon Member, do you intend to ask a question?
Mr Agbodza 11:57 a.m.
Mr Speaker, yes, please.
Mr Speaker, the Hon Minister in his Answer said that the financial proposals will be opened on 14th February. Is it the case that the financial proposal evaluation has been concluded for him to be sure that the Project will start in April? How long has this consultant been given to complete the feasibility studies since the outcome of the feasibility studies will determine what would actually be built at Keta?
Mr K. O. Asiamah 11:57 a.m.
Mr Speaker, like I said, the feasibility studies, financial and technical proposals were opened yesterday and they would go through. The unit consultant will then
be given a month's notice that he would need to come out with the drawing for the Project.
However, we hope that by the fourth quarter of the year 2020, the foundation stone for the administration block will be laid. How long it will take will be determined by the feasibility studies.
Mr Speaker 11:57 a.m.
Hon Minister, thank you very much for attending to the House and answering our questions. You are respectfully discharged.
Question numbered 66. Hon Majority Leader, I have been advised that the Hon Minister is not available and the owner of the Question is also not available.
What is the position?
Mr Kyei-Mensah-Bonsu 11:57 a.m.
Mr Speaker, the person who filed to ask the Question is not around, likewise the Hon Minister himself. In any event, it does appear that this Question was admitted in error because it has been asked, at least on two occasions by the same Hon Member.
However, we will have some dialogue on it with maybe, both the Hon Minister and the Hon Member who intends to ask the Question.
Mr Speaker 12:07 p.m.
Neither the Hon Minister nor the owner of the Question is present. In any case, it has been said that this is a repetition of something we have already gone through and the Table Office should check and advise accordingly.
Yes, Hon Minister for Foreign Affairs and Regional Integration, please, take the appropriate chair.
Yes, Hon Member for Bawku Central, your Question?
Mr Samuel Nartey George 12:07 p.m.
Mr Speaker, I have the permission of the Hon Member to seek your permission to ask the Question on his behalf.
Mr Speaker 12:07 p.m.
You may go ahead.
MINISTRY OF FOREIGN 12:07 p.m.
AFFAIRS AND REGIONAL 12:07 p.m.
INTEGRATION 12:07 p.m.
Minister for Foreign Affairs and Regional Integration (Ms Shirley Ayorkor Botchwey (MP) 12:07 p.m.
Mr Speaker, pursuant to the Question posed by the Hon Member of Parliament to the Hon Minister for Foreign Affairs and Regional Integration concerning the ratification of the Africa Union (AU) Protocol on Free Movement, it is my honour to present to Parliament that the Ministry of Foreign Affairs and Regional Integration is working with the Ministry of the Interior towards the completion of all internal processes for the ratification of the Protocol.
It must be noted that the Ghana Immigration Service is the lead agency with the mandate to handle issues relating to the subject matter of the Protocol. That notwithstanding, the Ministry has engaged both agencies to ensure that the appropriate Cabinet approval is obtained for parliamentary the ratification of the Protocol.
Upon ratification, our Ministry will generate the requisite Instrument of Ratification for deposit at the AU Headquarters.
Mr Speaker, it should be noted that
Protocol indicates that out of fifty-five African countries (55), thirty-two (32) countries have signed unto the Protocol including Ghana and only four (4) countries, namely Mali, Niger, Rwanda and Sao Tome & Principe have ratified the said Protocol and deposited their instruments of ratification at the AU Headquarters.
The said Protocol is therefore not in force as it has not received the requisite number of fifteen (15) ratifications from member states for its entry into force.
Mr George 12:07 p.m.
Thank you Hon Minister for your response.
Mr Speaker, given the number of countries that have gone ahead to ratify, is it Ghana's considered position that we would want the 15 other countries to ratify for it to come into force before we ratify? Or we would want to be one of the trailblazers amongst the first 15 that kicks it into force?
Ms Botchwey 12:07 p.m.
Mr Speaker, I believe the Hon Member of Parliament is soliciting my opinion on the matters.
As you know, Ghana is one of the trailblazers when it comes to matters to do with the AU. So, ideally, we would want to be one of the 15
countries as we were for the African Continental Free Trade Area (AfCFTA). We were the first to deposit the ratification instrument.
Mr Speaker, we have to go through a process and this is what all other countries are doing. It is a major step which needs to be taken, although it is a step that is necessary for the AfCFTA that we have signed on to work.
However, giving people a borderless Africa means that citizens of Africa could enter into any of the 55 countries, which is a major step that countries would want to look at carefully in terms of the implications and so on before they go through the process. I believe it is one of the things that engages our minds at this moment as we look at what it takes for us to ratify.
Mr George 12:07 p.m.
Mr Speaker, again from the response, I would want to find out from the Hon Minister whether there is any bureaucratic challenge, given that the lead agency is one that is not directly under the purview of the Ministry. Is there any challenge with driving through because the Ghana Immigration Service is the lead implementing agency?
Ms Botchwey 12:07 p.m.
Mr Speaker, in my response, I stated that we are working closely with the Ministry of the Interior which has responsibility over the Ghana Immigration Service. So far, I have not come across any bureaucratic hurdles that we would need to clear. We are working towards it. As I said, we would need to ensure that everything in terms of our security and so on is covered for us to get to where we would like to, -- and that is the ratification.
Mr George 12:07 p.m.
Mr Speaker, could the Hon Minister give us a timeline, how far the processes have gotten to? By the end of this Meeting of Parliament, would we have the instrument tabled before Parliament?
Ms Botchwey 12:07 p.m.
Mr Speaker, I do not think that it lies within my power. I have control over the Ministry and we are working with the Ministry of the Interior and the Ghana Immigration Service. There are internal processes that they need to make sure that they are covered before it goes to Cabinet.
Mr Speaker, of course, it would have to come to Parliament and I have no control over when Parliament could deal with the ratification. So there are many processes that do not lie within the purview of the Ministry
Mr Speaker 12:07 p.m.
Thank you very much, Hon Minister and thank you for attending upon the House to answer our Questions this morning. You are respectfully discharged.
Hon Members, Statements. We have a Statement on International Women's Day. Hon Minister for Gender, Children and Social Protection, Mrs Cynthia Morrison, would deliver a Statement on the Day.
STATEMENTS 12:17 p.m.
Minister for Gender, Children and Social Protection (Mrs Cynthia Morrison)(MP) 12:17 p.m.
Mr Speaker, pleasure is mine to be given the opportunity to brief this august House on the 2020 International Women's Day (IWD).
Mr Speaker International Women's Day, which falls on 8th March annually, is a day set aside by the United Nation's globally to celebrate the economic, political and social achievements of women; past, present and future.
The celebration of IWD is essential in drawing the world's attention to .areas requiring further action, and the need to accelerate efforts at achieving gender parity across sectors. The commemoration of IWD also serves as a call on policy makers and governments around the world to ensure the achievement of gender equality.
Mr Speaker, the history behind this celebration dates back to the 8th of March 1857, when garment workers in New York City marched and demanded improved working conditions and equal rights for women. Fifty-one years later (March 8, 1908) their sisters in the needle trades in New York marched again, thus honouring the 1857 march and demanding their rights to vote, as well as calling for an end to sweatshops and child labour.
In 1910, Clara Zetkin (a German Feminist) proposed that March 8 be proclaimed International Women's Day. It is against this historic backdrop that, the 8th of March has been earmarked by the United Nations to celebrate women and reflect on progress made to achieve equality. International Women's Day was first celebrated by the United
Nations in 1975. Since the year 1996, a global theme is always proposed by the United Nations to mark the celebrations.
Ghana has adopted the global theme for the commemoration of this year's International Women's Day (1WD) which is “I am Generation Equality: Realising Women's Rights.” Our campaign themes are:
1. #Each For Equality and
2. #EqualWorld=Enabled World.
This year's celebration is to bring together generations of women, female child leaders, gender equality activists with women's rights advocates who have been very instrumental in achieving the Beijing Platform Declaration and Platform for Action to dialogue and strategise to accelerate the vision of gender equality.
The commemoration will also be used to celebrate women and girls who have strived to greater heights in very difficult circumstances. As well as galvanise national support towards achieving gender equality. Coinci- dentally, this year is unique as it marks
the 25th Year of the Beijing Declaration and Platform for Action which is a Global platform that seeks to highlight and analyse the major ac- hievements on gender equality and women empowerment.
It also marks the 20 th anniversary of the UN Security Council's Resolution 1325 On Women, Peace and Security.
It marks the 10th anniversary of UN Women's establishment as the global champion for the empowerment of women and girls; and lastly
the 5th anniversary of the global Sustainable Development Goals.
Mr Speaker, according to UN Women, despite the progress made, real change has been agonisingly slow for the majority of women and girls in the world.
Today, not a single country can claim to have achieved gender equality. Multiple obstacles remain unchanged in law and in culture. As a result, women remain undervalued, they continue to work more, earn less, have fewer choices, and experience multiple forms of violence at home and in public spaces.
Though Ghana has achieved gender parity in the educational sector and seen a rise in women participation
Mr Speaker 12:17 p.m.
Hon Members, we have another Statement to consider. We also have other Businesses; so we shall take one contribution from each Side, and then Leadership would contribute?
Ms Felicia Adjei (NDC -- Kintampo South) 12:17 p.m.
Mr Speaker, sometimes it breaks my heart when we keep talking about women
Ms Patricia Appiagyei (NPP -- Asokwa) 12:17 p.m.
Mr Speaker, thank you for giving me the opportunity to celebrate women today. I know the celebration was on Sunday, but we speak to the issue today, ordinarily, to thank each and every one over here who has supported us in one way or the other.
Mr Speaker, I believe that the support is not enough. I believe and I still continue to say that our men are not supporting us adequately as they should. And it is a fight that cannot be fought by just the women, the fight has to be undertaken by both men and women because we co-exist.
Mr Speaker, in this phase of industrial revolution, what are we experiencing? Currently, women are still the least and poor people in our country and I believe that it all stems out of our training. We know that culturally, people did not even want to accept the education or development of women, and it is important that at this point in our life time, we have to attain the Sustainable Development Goals (SDGs) by 2030, and achieve the African Incentive by 2063 so that we make certain our deliberate efforts.
Mr Speaker, in the field of sciences, I always say, how many women scientists do we have undertaking research to promote our developmental agenda? We just have few women researchers in our system and we have indicated in so many ways that if we want to develop as a nation, science, technology and innovative ways of doing things are the ways forward.
Mr Speaker, so, how are we going to get our women to participate in science and technology? We are promoting Science, Technology, Engineering and Mathematics (STEM) education alright, but I believe that at this point in time, a special effort must be made.
If I talk about STEM education and STEM institutions, I believe that we should have some institutions in almost all the districts that are dedicated only to the development of women. That is how we can reach some level of equal opportunities in the field of science.
Mr Speaker, we know that our way of life is scientific by nature so if we educate women and we create awareness for them, in everything that they do, it would be properly done. We are challenged with waste; sanitation issues. What are we doing? I think women can champion this course easily.
I am therefore appealing to all sector Ministers that special efforts must be made in all the Government flagship programmes. What we expect is that there should be a deliberate and strategic effort to ensure that there is a special programme where we engage women to undertake the
Mr Speaker 12:17 p.m.
Thank you very much, Hon Member.
Leadership or their nominees?
Ms Comfort Doyoe Cudjoe Ghansah (NDC -- Ada) 12:37 p.m.
Thank you, Mr Speaker, for the opportunity to add my voice to the Statement made by the Hon Minister for Gender, Children and Social Protection, Ms Cynthia Mamle Morrison.
Mr Speaker, it is International Women's Day and I would like to take the opportunity to salute all women especially, our local women; those who are in the markets and those who are in the streets struggling to make sure they put food on the table.
I also take the opportunity to salute single mothers who are hustling; selling their clothes and other things to get their wards into schools for them to become doctors, presidents and Members of Parliament (MPs) for the nation.
Mr Speaker, the theme for the year is, ‘Generating Equality, Realising Women's Rights'. My worry is, every year, we celebrate women. February is a month of love and March is a month of recognition for women. What do we do as a society to acknowledge women?
Mr Speaker, I would like to touch on Ministries, security services and other opportunities that we need to create for women.
When it comes to appointment in the Ministries, what are we doing to make sure that equity and equality work there? My next point goes to the Hon Minister for the Interior, whether he is making sure that with the recruitments that are ongoing, women are given the opportunity to also have their fair share in the recruitments.
Mr Speaker, it saddens my heart whenever I see that women are discouraged when they are also trying to climb the ladder. We should give women the opportunity to also climb the academic ladder.
So I would plead with Ghana Education Trust Fund (GETFund) -- recently, a list went round and I checked and realised that we do not even have five per cent of women having the opportunity to go and study abroad. Mr Speaker, we have to make space for women to also have all these opportunities to climb the academic ladder.
Mr Speaker, when it comes to appointment to the Head of Civil Service, who does the checking; Who
watches the watchman to make sure that in giving the appointments, women would have their fair share of the opportunity?

Mr Speaker, who watches over the watchman to make sure that appointments given to the women would help them have a fair share of opportunity?

Mr Speaker, I am happy this is a month to appreciate and recognise women. However, I would want to plead that all ministries should be tasked to give us data on how they do their appointments and the opportunities that they give to women so that we could see if we are progressing as a nation.

In 2017, the President launched “He For She'' which meant “one man, one woman'' and we were happy as women but since then, we have not heard anything about it again.

In 2017, we were promised that the Affirmative Action Bill would be passed so that women could have equal share of everything that is done in the nation but that Bill has not been passed.

In 2018, the President apologised for not fulfilling that promise. However, in 2019 we did not hear anything about that Bill and in 2020 too, we still have not heard anything about it.
Mr Speaker 12:37 p.m.
Majority leadership?
Majority Leader (Mr Osei K y e i - M e n s a h - B o n s u ) 12:37 p.m.
M r Speaker, let me congratulate the Hon Minister for Gender, Children and
Social Protection on her delivery of this ceremonial speech to this House.
Mr Speaker, the International Women's Day is a day set aside to celebrate the social, economic, cultural and political achievements of women. As she said, it started way back in March, 1857. The highlight for this year's celebration is “Gender Equality and Women Representation in Parliaments.
To mark the International Women's Day, the Commonwealth Women Parliamentarian's Chair- person, Hon Shandana Gulzar Khan from Pakistan, has released a video message online, in which she highlighted the Commonwealth Women Parliamentarians work in representation across Commonwealth which represents women voices in Commonwealth Parliament.
Mr Speaker, we have to use this occasion to condemn gender-based violence and commit to work with partner organisations to protect women through legislation, scrutiny and oversight. Again, we should also add or intensify awareness. How much gender-friendly is our own budget when it comes to scrutinising our budget? We seldom analyse our budget -- what Hon Members in critiquing the Budget brings to the fore about gender perspectives that should
reflect in our budget. People do not relate to that and yet, that should be at the centre of the developing agenda of the country.
Parliament must provide the means purposely to build the capacity of women elected to Parliament to be more effective in their roles and to improve the awareness and the ability of all parliamentarians -- males and females and to encourage them to include a gender perspective in all aspects of their roles and that was what I related to in particular; legislation, oversight and representation.
Mr Speaker, the IPU has set a standard for Parliaments across the world that by 2020, Parliaments should have a minimum of 30 per cent women representation.
In Ghana, we have just about 13 per cent and we have struggled and our attention has been drawn to the fact that even those of them in Parliament are being contested against in various constituencies by men who are purposed to oust the few women that we have from Parliament.
Mr Speaker, we must be realistic that in our practice of the First Past the Post System, it is very difficult to attain the level of 30 per cent by this imposition that we have burdened ourselves with. In those countries that relate to the First Past the Post System
which included the United Kingdom, all the legislatures in the State Parliaments of the United States of America, the Federal Parliaments of America, Canada, the provincial Parliaments of Australia and India, it is difficult for the countries that practice the First Past the Post System to have the 30 per cent female representation.
In Africa, we do know that some countries allow their Presidents to appoint special constituencies that are women constituencies to Parliaments. I wonder whether Ghanaians would accept this, especially when it is not part of our Constitution.
Perhaps the time has come for us as a country, if we want to indeed, encourage gender equality to interrogate the constitutional provision which relates to this. Should we migrate unto proportional repre- sentation. That indeed is the surest bet if we want to encourage greater free will participation in Parliament.
Mr Speaker, the new paradigm is the Affirmative Action Bill which everybody has talked about today. Today, everybody has talked about female equity and equality in participation in decision-making and
Majority Leader (Mr Osei K y e i - M e n s a h - B o n s u ) 12:47 p.m.


so on and so forth. Mr Speaker, with your permission, I beg to quote article 27 of our Constitution which imposes a direct obligation on us as a country. It says:

(1) “Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave''.

(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.

(3) Women shall be guaranteed equal rights to training and promotion without any impediments from any person''.

Mr Speaker, what are we doing with ourselves as a country?

Mr Speaker, I beg to quote article, 22(2) of the Constitution, which is on “property rights on spouses''. It says:

“Parliament shall, as soon as practicable after the coming into force of this Constitution, enact

legislation regulating the property rights of spouses''.

Mr Speaker, we know that spouses who have their other halves transitioned through this specially relates to women who are often left unfunded, and in many of our communities, these women are left to rot.

It has taken 28 years and we expect people who are gender sensitive and gender engineers, which include men and women, to really focus on this. Today, nobody is talking about that, yet, we know on daily basis, women are being pushed to the periphery -- to the margins of survival. What are we as a country, doing about that?

Mr Speaker, it looks like it is now fashionable for everybody to be talking about affirmative action but this is a direct constitutional imperative and I believe that that should be the first point of call. After we have attained that, we can migrate to affirmative action.

I am not downplaying affirmative action; it is good that we focus there but I believe that what is happening in our various communities should focus
Mr Speaker 12:47 p.m.
Thank you very much, Hon Majority Leader.
The next Statement stands in the name of Mr Annoh-Dompreh, Hon Member for Nsawam-Adoagyiri and Chairman for the Committee on Foreign Affairs, on Commonwealth Day: the Future of the Common- wealth.
In the process, the Hon First Deputy Speaker will take the Chair.
Commonwealth Day: the Future of the Commonwealth
Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 12:47 p.m.
Mr Speaker, I am grateful for your kindness.
Mr Speaker, yesterday marked Commonwealth Day 2020, which is celebrated in five continents around the world. Countries marking this memorable event include those in Africa, Asia, the Caribbean and Americas, the Pacific and Europe.
The theme for this year's Commonwealth commemoration is
“DELIVERING A COMMON
FUTURE” to reflect on how the 54 member countries are ‘innovating, connecting and transforming' to help achieve some of their biggest goals like protecting natural resources and boosting trade.
Mr Speaker, this special day is marked with flag parades, church services, poetry mornings, dance performances and much more by some member countries. The Queen of England and Head of the Commonwealth, Queen Elizabeth II was set to join the Secretary-General, Patricia Scotland at Westminster Abbey for a multi-faith service celebration.
Mr Speaker, I believe it is prudent I share brief history on Common- wealth and its symbolism to our nation Ghana and other member states.
The idea to form a community of nations mostly from former overseas territories of the British Empire was purposed to support members through international cooperation, economic advancement, social development, promotion of common interests, culture, human rights and the rule of law.
Mr Speaker, the Commonwealth since its inception in December11, 1931, has been holding heads of
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 12:57 p.m.
Mr Speaker, I am most grateful for the opportunity to contribute to the Statement marking Commonwealth Day which has been very eloquently delivered by the Hon Chairman of the Committee on Foreign Affairs.
Mr Speaker, yesterday marked Commonwealth Day and we do know that 53 Member States of the Commonwealth marked the day with
various celebrations. We also know that the head of the Commonwealth, Queen Elizabeth II was in Westminster Abbey at a special church service to mark the day.
I was particularly struck by the special invitation to the Nigerian British Boxer, Anthony Joshua who is one of the boxing icons I follow keenly to deliver a special message. In that message, Anthony Joshua talked about his unique Common- wealth identity; being a Nigerian British born raised in Watford and proudly flying two Commonwealth flags, that is, that of Nigeria and the United Kingdom (UK).
Mr Speaker, on this day, I believe that it is in order to extend very warm regards and goodwill message of solidarity to the Head of Common- wealth, Queen Elizabeth II who has been so blessed by the Good Lord that as she turns 93 next month on 21st April, she continues to lead the Commonwealth with strength, wisdom and dynamism. One cannot but admire her level of dexterity and the very great respect that she has commanded over the period as leader of the Commonwealth.
As we observed this day, it is important to stress that the Commonwealth represents an
association of independent and equal sovereign states that have agreed to form a union of equality to cherish the diversity that we all have in culture and to combine that in the interest of humanity.
Mr Speaker, the common lan- guage which is the English language, is the strand that connects all these 53 member Commonwealth states, it is one that we must continue to cherish. It has become the language most spoken in the world and we clearly have a lot to celebrate as Commonwealth nations.
I recall that only two weeks ago, a special envoy of the Queen by name Mr Philip Tahan was here in the Parliament of Ghana to call on the Speaker of Parliament. I also recall the Speaker extolling the virtues, values and shared principles of Commonwealth and how we will continue to really work together as Commonwealth member states.
Mr Speaker, I recall the statements of Leadership; the Majority Leader, Mr Kyei-Mensah-Bonsu and the Minority Leader, Mr Haruna Iddrisu along those same lines; it was really a heart-warming meeting and there was a lot to learn. Bonds were renewed with the high-level visit of the special envoy of the Commonwealth.
However, I believe that in celebrating the Commonwealth, which is a symbol of multilateralism and uniting for action, we must boldly question some of the foreign policy directions of the UK, particularly as they relate to Brexit.
Mr Speaker, we cannot in one breadth celebrate the Common- wealth; which calls for the need for us to work together, multilateralism; a global approach to uniting nations and then there will be some, within the British establishment, who would want to preach isolation, and in effect, unilateralism. There is a certain policy inconsistency in that regard and it is important that those of us who are avowed advocates of multilateralism raise concern about that matter.
There are clear principles of the Commonwealth which you cannot help but to subscribe to. These are the principles of consensus and common action, mutual respect, inclusiveness, transparency, accountability, legitimacy and responsiveness. These are all principles that we must hold dear and --
Mr First Deputy Speaker 12:57 p.m.
Hon Member, hold on.
Yes, Hon Member for Okaikoi Central?
Mr First Deputy Speaker 12:57 p.m.


Speaker, thank you very much. I would want my Hon Member colleague to advert his mind to Standing Order 70(2) on Statements limited to facts that one must comment on and such Statements must be made briefly.

Secondly, he made a statement about the UK and Brexit which is very dangerous. The UK went through that process by a referendum and the country decided to leave the European Union. It is their right and responsibility under their laws.

So the fact that we are contributing or making a statement on Commonwealth Day, I do not see where this comes in. [Interruption] --It does not lie here.

Mr Speaker, please if an Hon Member wants to make a statement on Brexit and why he or she disagrees with the British, they should say so. This is Parliament and we are making contributions to a Statement on the celebration of the Commonwealth Day.
Mr First Deputy Speaker 12:57 p.m.
Hon Member for Okaikoi Central, what statement are you complaining about?
Mr Boamah 12:57 p.m.
Mr Speaker, I am complaining about the fact that there is a total disconnect between the UK and some of its members within the Commonwealth.
Also, the fact that on one side, they are talking about a united Commonwealth, and in another breadth, we are seeking to leave a multilateral institution like the European Union, I do not see the connection with regard to this statement.
Mr First Deputy Speaker 12:57 p.m.
Very well.
Yes, Hon Member, please continue.
Mr Ablakwa 1:07 p.m.
Mr Speaker, today, we are celebrating multilateralism, that is the Commonwealth of nations working together, and I am saying that in that spirit, let there be foreign policy consistency and I would say no more.
Mr Speaker, the Commonwealth has 16 Principles according to its Charter on democracy, human rights, international peace and security, tolerance, respect and understanding, freedom of expression, believe in the separation of powers, the rule of law,
good governance, sustainable development, protecting the environment, access to health, education, food and shelter, gender equality, support for young people, recognition of needs of small states, recognition of vulnerable states and the role of civil society.
Mr Speaker, these are timeless principles which this great nation, Ghana would continue to abide by. I believe that we are external example of all of these values that the Commonwealth of Nations advocate.
Mr Speaker, as I conclude, it is important for us to recognise that the challenges that confront the world today requires global effort; it requires all nations to come together.
Mr Speaker, as we speak, look at the havoc Coronavirus or COVID- 19 is wrecking all over the place. More than half of the countries of the world have been affected.
Clearly, those who advocate isolationism cannot solve a challenge like Coronavirus. The irony now is that countries such as Kenya and Uganda have placed travel bans to countries such as China, Italy, France and Spain which were unheard of a few weeks ago. Many people could not have contemplated.
It tells us that as members of the comity of nations, we all need each other. Times would come such that whether a country is small or poor, it would have something to offer.
So it is important that on occasions like this, we celebrate multilateralism, the need for all nations to come together, work together and confront the challenges that really stare us in the face.
The challenges of climate, global unemployment and terrorism all continue to rear their ugly heads in Africa and parts of the world hence we should network and form greater partnerships to defeat all these contemporary challenges.
Mr First Deputy Speaker 1:07 p.m.
Yes, Hon Member for Ledzokuku?
Dr Bernard Okoe Boye (NPP -- Ledzokuku) 1:07 p.m.
Mr Speaker, I thank you very much for the opportunity to contribute to this Statement.
Let me first of all congratulate my colleague Hon Member for the Statement on the Commonwealth.
Mr First Deputy Speaker 1:07 p.m.
Very well.
Yes, Hon Dafeamekpor?
Mr Rockson-Nelson E.K. Dafeamekpor (NDC -- South Dayi) 1:07 p.m.
Mr Speaker, I thank you for the opportunity to add my voice to the Statement ably made by the Hon Chairman of the Foreign Affairs Committee.
Mr Speaker, indeed the importance of the Commonwealth as an association to the independent countries that constitute it cannot be overemphasised. As a former colony of the British, we make it possible that there are a lot of landmark infrastructure such as your own hall; The Commonwealth Hall of the University of Ghana which admitted its first batch of students in 1956.
Mr Speaker, even our judicial system that we have inherited from the British is something that all the Commonwealth countries practice; it is the same legal system. Indeed, it is for that purpose that we can find a jurist or a legal analyst from one country who is able to serve in another country.
Or as it is often the practice, where there are lawyers or judges seconded to the Commonwealth Secretariat, they are then sent out to other Commonwealth countries to practise their vocation. It is therefore no accident of history; for instance, a couple of days ago, we had a
Mr Rockson-Nelson E.K. Dafeamekpor (NDC -- South Dayi) 1:17 p.m.
Ghanaian Justice, Mabel Agyeman who is presently the Court of Appeal Judge who has been appointed by the Governor of Turks and Caicos Island as the new Chief Justice of that country.
Prior to that, Mr Speaker, you know that it is upon her secondment to the Commonwealth Secretariat that she was appointed to serve as a Judge in Swaziland, which is also a Commonwealth country, and also further serve in Gambia as the first female Chief Justice in that country.

She had to return home to continue with her services at the Superior Court of Judicature before her present appointment. So the importance of the commonwealth as an institution is very important to our modern governance structure.

Mr Speaker, the point has also been made that the lingua franca that we have adopted as our national lingua franca, which is the English language, we owe it to our heritage as a former colony of the British. That is the lingua franca that the commonwealth countries use. So it makes being able to work in some of these sister countries very easy.

In terms of scholarship, the curriculum that is designed in the commonwealth countries are very similar. That is why we can find young scholars from commonwealth countries winning commonwealth scholarships to do further studies not only in Britain, but sometimes in Canada, South Africa, India and Pakistan, all because we all belong to the commonwealth.

Mr Speaker, I agree with the other contributors when they say that special priviledges must be given to commonwealth countries in terms of visa arrangements, in terms of diplomacy and such other arrange- ments.

We cannot say that we belong to the commonwealth, yet when it comes to the extension of such courtesies, we are treated as though we do not share anything in common. When it happens that way, it begets the question of whether or not it is useful for us to remain in the association, but it goes far beyond that.

I agree that we also have other multilateral arrangements. We share a lot of things in common. For instance, I recall that the President returned from the United Kingdom (UK) on a recent trip, and it was reported that other UK companies would be doing business in the

country, and the level of investments is in excess of £300 million, which is good news. This would contribute to the growth of the economy.

We are perhaps attracting some of these investments not because we are simply a country in Africa, but because of our heritage as part of the commonwealth, and our heritage as a former British colony.

Mr Speaker, I would want to leave the generals and move on to the specifics. What is the relationship amongst the commonwealth countries that exist in sub-Saharan Africa? For instance, what is the relation between Ghana and the Gambia? What is the relationship between Ghana and Nigeria? What is the relationship between Ghana and Sierra Leone? Finally, what is the relationship between we and Uganda?

It is reported that the Ugandan Constitution was essentially drafted by a Ghanaian lawyer, who died sometime last year. A whole entourage of Ugandans were in Ghana to participate in his funeral because of his contribution to building the constitutional jurisprudence in that country.

So I would agree that as we seek to eulogise the importance of the commonwealth as an association, we also look at ways of improving the relationship so that we can foster in a much stronger manner, the international relationship that we have.

Mr Speaker, on this note, I wish to congratulate the Commonwealth. My understanding is that the celebration is on the second Monday of every March. There is no peculiar reason for it, but it was chosen because it has no bearing to any issues of great importance in history.

I know that on 24th May, 2020, the Commonwealth Day would be celebrated in India. I look forward that as a country, we would participate fully in its celebrations when the events come off on the 24th May, 2020.

Mr Speaker, I thank you for the opportunity.
Mr First Deputy Speaker 1:17 p.m.
Is the Hon Majority Leader supposed to contribute to the debate?
Very well.
Hon Members, that brings us to the end of Statement time.

Hon Members, at the Commence- ment of Public Business.

Yes, Hon Majority Leader, your guidance.
Mr Kyei-Mensah-Bonsu 1:17 p.m.
Mr Speaker, I believe that we could deal with the item numbered 8. Before we get there, with your indulgence, I would present the Bill listed as item numbered 5 on behalf of the Hon Minister for Education.
Mr First Deputy Speaker 1:17 p.m.
Very well, Hon Members, we would move on to the item numbered 5 -- Presentation and First Reading of Bills.
BILLS -- FIRST READING 1:17 p.m.
Mr Kyei-Mensah-Bonsu 1:17 p.m.
Mr Speaker, we may now move on to the item numbered 8.
Mr First Deputy Speaker 1:17 p.m.
Very well, we would now take the item numbered 8 -- Customs (Amendment) Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 1:17 p.m.
STAGE 1:17 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 1:17 p.m.
Mr Speaker, I beg to move, subclause (8), paragraph (b), line 3, at the end, add “that may contain local components”.
Mr Speaker, we are defining “enhanced semi-knocked down assembly”. We are saying that for this definition, at the end, we add “that may contain local components”. So, it would now read:
“enhanced semi-knocked down assembly” means the process of assembling an enhanced semi- knocked down kit into a fully built motor vehicle that may contain local components.”
Mr Speaker, we have “completely knocked down assembly”, “enhanced semi-knocked down assembly”, “fully built assembly”, and “semi-knocked down assembly”. For an “enhanced semi-knocked down assembly”, the inside of the vehicle can be partially done. So we could get local parts to do the stuffing. That is why we seek to add that phrase at the end of the definition.
Mr Quashigah 1:27 p.m.
Mr Speaker, the Hon Chairman of the Finance Committee says that he proposes that we add “may contain local components.” The word “may” is underlined.
If we use the word “may”, it does not make it mandatory. In effect, it may not contain local components. That is what it sounds to me; but if we use “shall”, then, it is mandatory except to say that the effect is to either have it or not have it -- to have local components as part of the knock- down vehicles as proposed by the Chairman. So if we use “may”, I think the effect is virtually null.
Mr Speaker, if indeed, he wants to insist that there must be a local
component, then, even though I am not a lawyer, I would think that the use of “shall” would be most effective.
Thank you Mr Speaker.
Mr Kyei-Mensah-Bonsu 1:27 p.m.
Mr Speaker, my little worry is what we mean by “an assembly” -- “an enhanced semi-knock down assembly” cannot mean a process. The assembling really would relate to that outfit that may involve the process of assembling and enhancing knocked-down kits into a fully-built motor vehicle; but to say that it is a process, -- The assembly is the outfit, if we like, the plant, but it cannot be the process; I would rather like to suggest that it should read:
“An enhanced semi knocked- down assembly means the plant or outfit that involves the process of assembling enhanced semi knocked-down kits into a fully-built motor vehicle”.
We could then continue with what the Hon Member is adding, but the assembly cannot be a process.
Mr First Deputy Speaker 1:27 p.m.
Hon Chairman, it appears there is disagreement on what you intend to do.
Dr Assibey-Yeboah 1:27 p.m.
Mr Speaker, there is no disagreement on what I intend to do; the Hon Majority Leader agrees that we can add “that may contain local components”. So there is no disagreement with that. His concern is, how we are defining it, “an enhanced semi knocked-down assembly means the process”. Whether it should be a process or not.
Mr Speaker, these are terms of art; technical in nature so “fully-built unit” that is the name, and we would have a “semi knocked-down assembly” and “completely knocked-down” assembly. So these are terms of arts. CKD and SKD and these are known. Because we are infusing these into the Customs Act, we are now trying to define these amendments to the Customs Act. They are technical terms being brought into the Customs Act.
Mr Kyei-Mensah-Bonsu 1:27 p.m.
Mr Speaker, taking a cue from clause 8(a), the word there is “manufacture”. I think if we take a cue from subclause (a), it makes some sense; except that the use of the word “assembly” appears to be a misfit, but I would grant him that space because if we take it from subclause (a), it would make some sense.
Mr Joseph Yieleh Chireh 1:27 p.m.
Mr Speaker, I do not know why the Committee is recommending that we
add that bit, because as it stands now, why should there be this addition? What is the benefit of this when we add it? It says: “…that may contain…”. What does it change from the original -- What benefit does it have?
Dr Assibey-Yeboah 1:27 p.m.
Mr Speaker, we have fully built units, an example of which would be the Ford Expedition you bought in the last Parliament. It was a fully-built unit brought down here.
We have semi knocked-down assembly, simply termed SKD. These would be complete vehicles but knocked down or disassembled. So one just brings them and puts them together. Why is the Hon Majority Leader shaking his head? -- [Laughter] --
Mr Speaker, I am trying to explain. We also have the complete parts and we are putting them together. Now, with the enhanced semi knocked- down, it is not the inside of the vehicle, it is partially done. So we are saying to the extent that it is an enhanced SKD, then it may contain local components. When the inside is being stuffed -- the upholstery, that may contain local components. It is for emphasis. Mr Speaker, it is also to distinguish between the CKD and the enhanced SKD.
Mr Agbodza 1:27 p.m.
Mr Speaker, I think one of the main reasons I suspect my Hon Chairman is adding, this is because if we remember, when we were doing the policy part, we said companies may qualify under this programme and be able to bring into the country fully assembled vehicles.
So if the law stands as it is now, it may not be appropriate for them to do that so they are adding “may”. That is why Hon Quashigah asked why “may”? Mr Speaker, they may actually bring in vehicles that you and I know are in the showrooms.
Mr Speaker, the difficulty I have is this 1:27 p.m.
When we say local component, this looks a bit too vague for us. Bolts and nuts are components of a vehicle; does that mean that once a company is just able to get bolts and nuts that are manufactured in this country, it means that that company qualifies and it could decide to leave the tyres out?
Everything fitted but tyres would not be fitted and they are brought here, they would buy bolts and nuts and then fix the tyres and hold them together.
Mr Speaker, I think we should be more clear --
Mr First Deputy Speaker 1:27 p.m.
I do not think so; what it says is that:
“Enhanced semi knocked-down means the process of assembling an enhanced semi knocked-down kits into a fully built motor vehicle that may contain local components.”
So all he is doing is that of the three definitions, one admits local materials. The others are; either a complete vehicle brought down or parts brought down and assembled or the third one, which is this one, is brought down incomplete and local material are added to complete it.
So we are defining the three different processes. This is a definition; that is all.
Mr Chireh 1:27 p.m.
Mr Speaker, I would have agreed with the addition if it requires local components. Which local components are they talking about? If the components they are talking about are produced in Ghana --
Mr First Deputy Speaker 1:27 p.m.
If they add Ash foam into making the seats here, have they not added local component?
Mr Chireh 1:27 p.m.
Mr Speaker, no. What I am saying is that we want to make sure that Ghanaian producers of such components benefit because Ghanaians -- [Interruption.] -- so
Mr First Deputy Speaker 1:37 p.m.
Hon Member, remember this is the Customs (Amendment) Bill, 2020. It's definition is for the purposes of tax. So if it contains local material, the tax component changes, but if it does not, then the tax bracket it belongs to would be different. If we interpret it from that point, it would make it easier.
Hon Kwaku Kwarteng, am I right or wrong?
Mr Kwarteng 1:37 p.m.
Rightly so, Mr Speaker.
Mr First Deputy Speaker 1:37 p.m.
Would anybody propose an amendment to the proposed amendment?
Mr Agbodza 1:37 p.m.
Mr Speaker, I have always said that you have a lot of knowledge in terms of -- [Interruption.] -- Although this is about tax, it is about vehicles and that is the truth. That was why in the policy part we said that we wanted to just make a law to give tax incentives but the reality is that we want to make a law that would effectively change the way the vehicles are assembled in this country. That is why I thought that at least, the Committee on Roads and Transport, should have had an understanding of this since it is merely a tax incentive.
Mr Speaker, the Hon Deputy Minister for Finance said he agreed with you on the definition of “local component''. You gave an example with Ash Foam but they have got a lot of products that are not manufactured in this country -- [Interruption] -- I did not talk about the mattress. There are products that are vendored by Ash Foam in this country --
Mr First Deputy Speaker 1:37 p.m.
Hon Minister for Monitoring and Evaluation?
Dr A. A. Osei 1:37 p.m.
Mr Speaker, I need to be guided. We go through the First and the Second Readings of Bills and I think we have passed the Second Reading of this Bill, in terms
of the definition of principles that he wants the Committee on Road and Transport and all of that -- [Interruption.] -- Those matters have already been determined and we are in the Consideration Stage, so we should move on.
Mr Agbodza 1:37 p.m.
Mr Speaker, my colleague Hon Member, just came to the Chamber and he wants to be heard. I made that point and I admitted that it was what I thought.
Mr Speaker, since my Hon Colleague is the sponsor of the Bill, could he give an example of a local component that could go into an assembly of vehicles in this country today?
Mr First Deputy Speaker 1:37 p.m.
Yes, Hon Member for Shama?
Mr Panford 1:37 p.m.
Mr Speaker, I believe it is very important for us to note that even in the assembling of the interior aspect of the whole vehicle, there are a lot of local materials that could be used. In some of the components within the engine, there are companies in Ghana, who do cast and could take that benefit to produce those parts for the composition of some of the parts.
Mr Speaker, at Magazine in Kumasi, they do 10Ds out of lathe turning machines and create the parts for us with bushings and others.
Mr First Deputy Speaker 1:37 p.m.
Hon Member, it is enough. All that this Bill says is that if a vehicle is assembled and some local materials are used, the bracket of tax component would change. That is all.
Yes, Hon K. T. Hammond?
I would put the Question after you have finished talking.
Mr Hammond 1:37 p.m.
Mr Speaker, I would want to invite you to caution some Hon Members, if you could. If the Hon Minister for Monitoring and Evaluation speaks and the Hon Member for Adaklu, Mr Agbodza says that the Hon Minister only wanted his voice to be heard and that was why he spoke, it is rather disgusting.
I would plead with you that those who are flippant in the kind of things that they say, would be brought to book. The Hon Minister for Monitoring and Evaluation, Dr Akoto, does not just get up and say anything.
Mr First Deputy Speaker 1:37 p.m.
My attention was not drawn to that.
rose
Mr First Deputy Speaker 1:37 p.m.
Hon Member, are you on your feet to confirm that you said that?
Mr Agbodza 1:37 p.m.
Mr Speaker, I am not proud at all. I use the words “the Hon Minister came to the Chamber and he just wants to be heard'', on a lighter note, but the Hon Member for Adansi Asokwa, Mr Hammond, used the word “flippant'' and he knows very well that it is almost an insult.
I am not flippant, so I would encourage him to do exactly what I have just done by withdrawing the word “flippant'' because I am not flippant at all.
Mr Speaker, the Hon Member for Adansi Asokwa, Mr Hammond, also came to the Chamber not too long ago. I take serious exception to that and I want you to ask him to withdraw that statement.
Mr First Deputy Speaker 1:37 p.m.
I find this very ironical. The person who is said to be in contempt before purging himself of the contempt has also alleged another person with such vehemence.
Hon Minister for Monitoring and Evaluation, the Hon Member says he has withdrawn that.
Dr A. A. Osei 1:37 p.m.
Mr Speaker -- but the Hon Member for Asokwa Adansi, Mr K. T. Hammond also passed it in jest, so there is no harm done.
Question put and amendment agreed to.
Clause 1 as amended ordered to stand part of the Bill.
Clause 2 -- Section 58 of Act 891 amended.
Dr Assibey-Yeboah 1:37 p.m.
Mr Speaker, I beg to move, opening phrase, line 1, delete “insertion after'' and insert “substitution for''.
Mr Speaker, this is not the amendment itself but just the opening phase of the clause but I want this first correction to be effected before we go to the proper amendment. -- [Interruption] -- I could not have moved the proper amendment first without moving this one.
Mr First Deputy Speaker 1:37 p.m.
The draftsperson would take note and make the appropriate correction, so go to item numbered (iii) on the Order Paper.
Dr Assibey-Yeboah 1:37 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (c), subparagraph (i), line 3, before “heading'' insert “HS''.
Mr Speaker, the new rendition would read 1:37 p.m.
“motor cars and other motor vehicles principally designed for the transport of persons, other than those under HS heading 87.02, including station wagons and race cars with HS heading
87.03;''
Mr Speaker, we want to reference the harmonised code, so the “HS'', should be inserted.
Mr Agbodza 1:37 p.m.
Mr Speaker, please, just for our guidance, did you put the Question on item numbered (ii) on the Order Paper? [Inter- ruption].
Mr First Deputy Speaker 1:47 p.m.
Hon Member, I gave the directive that the draftsperson should effect the appropriate corrections.
Now, we are Considering item numbered (iii); I will put the Question.
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Clause 3 -- Section 61 of Act 891 amended.
Mr First Deputy Speaker 1:47 p.m.
Hon Members, there is no advertised amendment; I will put the Question - [Interruption]
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:47 p.m.
Mr Speaker, I need a little explanation from the Hon Chairman of the Committee on Finance. It says the principal enactment is amended in section 61; (a) by the addition after paragraph (d) of subsection (1) of (e). All right, so, it comes after (d). I saw subsection (1) and I was a bit confused whether paragraph (e) should follow paragraph (d) of subsection (1). Rather, it is subsection (1) (d).
Mr Speaker, that is acceptable.
Clause 3 ordered to stand part of the Bill.
Clause 4 -- section 151 of Act 891 amended
Dr Assibey-Yeboah 1:47 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (a), delete and insert the following:
Mr Dafeamekpor 1:47 p.m.
Mr Speaker, I thank you. I see that the proposed amendment speaks of paragraph (b) but in the Bill, it appears that it is in respect of paragraph (a).
Question put and amendment agreed to.
Mr First Deputy Speaker 1:47 p.m.
Hon Members, item numbered (v)?
Dr Assibey-Yeboah 1:47 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (b), delete and insert the following:
“(b) by the insertion after the definition for “electronic signature”, of “enhanced semi-knocked down kit” includes
(a) a partially-assembled vehicle that is shipped in a kit form for assembly in the destination country;
(b) the floor panel, body sides and roof panel of a motor vehicle that are not knocked down but shipped as a whole; and
(c) the imported vehicle cabin or vehicle body that is not trimmed;”
Question put and amendment agreed to.
Mr First Deputy Speaker 1:47 p.m.
Hon Members, item numbered (VI)?
Dr Assibey-Yeboah 1:47 p.m.
Mr Speaker, just to draw attention to the fact that the definition on page 7 of the Bill,
we have amended paragraphs (a) and (b) but (c) stays. So this new amendment will be for paragraph (d).
Mr Speaker, I beg to move, clause 4, paragraph (d), delete and insert the following:
“(d) by the insertion after the definition for “selling com- mission”, of “semi-knocked down kit” includes
(a) a partially-assembled vehicle that is shipped in a kit form for assembly in the destination country;
(b) the floor panel, body sides and roof panels that are not knocked down but shipped as a whole; and
(c) the imported vehicle cabin or vehicle body that is partially trimmed;”
Mr First Deputy Speaker 1:47 p.m.
Yes, Hon Member for Keta?
Mr Quashigah 1:47 p.m.
Mr Speaker, what I have observed from the earlier ones that we have done is that to this current one largely, what is being changed is the use of the word, “means” to “includes”.
I would therefore want to understand from the Hon Chairman of the Committee why we are replacing, “means” with “includes”?
Mr First Deputy Speaker 1:47 p.m.
Hon Chairman of the Committee, you would have to assist him.
Dr Assibey-Yeboah 1:47 p.m.
Mr Speaker, if I may invite some of the Achimota School --
Mr First Deputy Speaker 1:47 p.m.
No, this is legal interpretation, so, maybe, the Hon Dafeamekpor would assist him.
Mr Dafeamekpor 1:47 p.m.
Mr Speaker, the use of “includes” would take care of other ancillary things.
Mr First Deputy Speaker 1:47 p.m.
It means that the list is not exhaustive; it can admit others.
Mr Dafeamekpor 1:47 p.m.
Mr Speaker, yes, it is not limited, but if we say “it means', then we are limiting it to what is captured in the law as it is. So the use of ‘includes' is preferable. That is what we have been using in the House for some time now.
Mr Quashigah 1:47 p.m.
Mr Speaker, but I would imagine that definitions should be definite and conclusive. So if in the law we are saying that it would include
Mr First Deputy Speaker 1:47 p.m.
Hon Member, I understand your confusion but it takes care of things we cannot imagine immediately but which are possible. So it is very permissible in law.
All right, so, I will put the Question.
Question put and amendment agreed to.
Clause 4 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 1:47 p.m.
Yes, Hon Dafeamekpor?
Mr Dafeamekpor 1:47 p.m.
Mr Speaker, I rose quickly to attract your attention. I think there is a phrase here; “destination country”; the proper phrase is “country of destination”. [Interruption.]
Yes, it is a term of art. We have country of destination and country of arrival.
Mr First Deputy Speaker 1:47 p.m.
Hon Member, which particular clause are you referring to?
Mr Dafeamekpor 1:47 p.m.
Mr Speaker, clause 4 (a), and clause 4 (d) which is the newly-drafted clause; the three paragraphs (a), (b) and (c). You would see that in paragraph (a), it reads, “the partially-assembled vehicle that is shipped in a kit form for assembly in the destination country”.
Mr First Deputy Speaker 1:47 p.m.
Hon Member, what is wrong with that?
Mr Dafeamekpor 1:47 p.m.
Mr Speaker, my humble opinion is that the appropriate phrase is, “country of destination”.
Dr Assibey-Yeboah 1:47 p.m.
Mr Speaker, if it were “home country”, would you say “country of home”?
Mr Speaker, he says the phrase “destination country” should be changed to “country of destination”.
Mr First Deputy Speaker 1:47 p.m.
And your answer is to ask him a question? [Laughter.]
You are out of order.
Mr Dafeamekpor 1:47 p.m.
Mr Speaker, for instance, the country of arrival --
Mr First Deputy Speaker 1:47 p.m.
Hon Member, I have not given you the Floor. Yes, Hon Available Leader?
Mr Agbodza 1:57 p.m.
Mr Speaker, I get the understanding that there may be semi-knocked down vehicles shipped from elsewhere to be completed in this country.
So my question is, why can we not be bold in saying that a partially- assembled vehicle that is shipped in a kit form for assemble in this country? What is the meaning of ‘destination country'? Where else is this supposed to apply?
Mr First Deputy Speaker 1:57 p.m.
Hon Member, we are doing customs tax.
Mr Agbodza 1:57 p.m.
Mr Speaker, so is this a term of art?
Mr First Deputy Speaker 1:57 p.m.
Take the English form of the technical expression from it and put on the tax language to make it easier for us. I have already put the Question
Clause 4 as amended ordered to stand part of the Bill.
Clause 5 -- Section 154 inserted
Dr Assibey-Yeboah 1:57 p.m.
Mr Speaker, I beg to move, clause 5, subclause (1), line 2, before “heading” insert
“HS”.
Mr Speaker, this is a consequential amendment to the one we did earlier with the item numbered (iii) on clause
2.
Question put and amendment agreed to.
Dr Assibey-Yeboah 1:57 p.m.
Mr Speaker, I beg to move, clause 5, subclause (2), opening phrase, line 2, delete “three” and insert “six”.
Mr Speaker, this will now read 1:57 p.m.
“The date specified under subsection (1) shall not be earlier than six months after the new motor vehicle's manufacture under the programme are made available”.
Mr Speaker, we would want to give sufficient time for commence- ment. If we pass this Bill and it stays as it is, then vehicles that have been shipped already might stay longer on the sea.
So with all these travel bans, six months should be sufficient tariff for all goods arriving in the country.
Mr Dafeamekpor 1:57 p.m.
Mr Speaker, given the justification that the Hon Chairman has given to the House, I am rather of the humble opinion that instead of six months, we extend it to one year.
There is a lot of travel ban that has been imposed by the United States of America including that of cargo and so, once this is being passed under a certificate of urgency, it is likely that it will be passed by the close of the week.
Mr Speaker, if it is assented to by the President as a matter of course, then it will come into effect and we cannot anticipate when these bans will be lifted for the goods to make movement by sea towards the port in Tema.
So I find favour with your reasoning, but I am only saying that if this is the reason, then let us do it 12 months to be able to give a more adequate time so that they are not caught by the law as a result of the near pandemic. This is a force majeure.
Mr Speaker, once we are anticipating that there may be delays that will catch those who are not supposed to be caught by the law, then we anticipate that it should be 12 months instead of six months.
Mr Kyei-Mensah-Bonsu 1:57 p.m.
Mr Speaker, I believe my Hon Colleague who just spoke is making some sense but indeed, he must not be frightened because the construction specifies; ‘the date under subsection(1) shall not be earlier than six months'.
It is not saying ‘six months' since it says; “it shall not be earlier than six months”. This means that it could be seven, eight or even up to the 12 months depending on the circum- stances. I believe that he is covered by the blood of Jesus and he must accept it so that we can move on.
Mr Kpodo 1:57 p.m.
Mr Speaker, I think that at the Committee level we haggled over this period of ‘six months'. We had reports that in certain cases it could take eight months but in other cases too, it could come earlier than two or three months.
So we struck a compromise that we take it up to six months to give room for the delayed transportation of imported items.
Mr Speaker, so if we extend it to 12 months, it is as if we are making the law ineffective. I think we should take the Hon Chairman's proposed amendment that it should be six months.
Mr Agbodza 1:57 p.m.
Mr Speaker, I think that my Hon Colleagues made very good points but if one is to read subclauses (a) and (b), it gives the reason. It appears that Government is supposed to even negotiate the affordable prices so that the more time we have, the better.
Mr Speaker, however, we keep seeing this; “Automotive Manu- facturing Development Programme” and it is in the Bill. I know that this issue is not related to what we are talking about, but it would be good if this House is furnished with this document.
That way at least, in making laws, we do not make reference to a document that we have never seen. We are told it is a policy document and I would be more comfortable to know what this document is about instead of completing the process of the Bill and then being told that the policy is something we do not like.
So I would encourage -- [Inter- ruption] -- Mr Speaker, I am making a plea that at least, if any colleague Hon Member has a copy he should make it available. On my Side, I am not aware anybody has a copy. It is a humble appeal.
Mr First Deputy Speaker 1:57 p.m.
Hon Member, go back to the records and look for it. Once it was laid in this House, it will be in the records.
Mr Kyei-Mensah-Bonsu 1:57 p.m.
Mr Speaker, respectfully, if an Hon Member has not sighted a document, he may speak for himself. However, this tendency of always reclining to caucuses is not helpful to this House. His own Hon Colleague seated by him has a copy and he is making it appear as if the Minority has not sighted the document. It is not right.
Dr A. A. Osei 1:57 p.m.
Mr Speaker, I just want to plead with you that my understanding of what we do here is that when one sits on the Front Bench, one is supposed to facilitate the work of this House.
Right now, a good Hon Friend is seated there and is derailing the work of the House. It should not be accepted. The colleague Hon Member sitting next to him knows that the document has come here but he says he is not aware.
Mr First Deputy Speaker 1:57 p.m.
Hon Members, we are at the Considera- tion Stage and I would not admit any more comment on any other thing.
If there is any comment on the amendment before me, I will take it, otherwise I will put the Question.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:57 p.m.
Item numbered (ix)?
Mr First Deputy Speaker 2:07 p.m.
And it is still on clause 5.
Dr Assibey-Yeboah 2:07 p.m.
Mr Speaker, I beg to move, clause 5, subclause (2), paragraph (b), line 2, delete “at affordable prices” and insert the following:
“in accordance with the investment plans of the automotive manufacturers and assemblers registered under the Ghana Automotive Manufac- turing Development Pro- gramme.”
Question put and amendment agreed to.
Mr First Deputy Speaker 2:07 p.m.
Item numbered (x)
Dr Assibey-Yeboah 2:07 p.m.
Mr Speaker, you know that I am not part of the unopposed association. [Laughter.]
Mr First Deputy Speaker 2:07 p.m.
This platform is not for your campaign.
Dr Assibey-Yeboah 2:07 p.m.
Mr Speaker, I beg to move, clause 5, subclause (3), line 3, delete “may” and insert “shall”.
Mr Speaker, with your permission, I beg to read subclause (3) 2:07 p.m.
“The Minister in consultation with the Minister responsible for Trade, may, by executive instrument, specify the date on which a motor vehicle over ten years of age shall not be imported into the country.”
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, I have just a minor issue.
“The Minister in consultation with the Minister responsible for Trade, shall, by executive instrument…”
Is it for the Minister to issue an Executive Instrument or they should come by a Legislative Instrument as far as this one is concerned? If Legislative Instrument comes in there, it would attract the 21-Sitting days rule, but if it is Executive Instrument, it would just be by information. So what is the appropriate thing to do? I am not too sure that Executive Instrument would ensue from the Hon Minister's place.
Mr Chireh 2:07 p.m.
Mr Speaker, I think that is a very serious thing. We are giving power to the Hon Minister to take things through Executive Instrument. I do not know whether the car dealers are already aware of this Bill. There was war all over.
Some have threatened all kinds of action. I think that we should make it a Legislative Instrument instead of an Executive Instrument because we would be held responsible as Hon Members of Parliament for giving the power to Hon Ministers who can do it without us again.
Mr Osei Bonsu Amoah 2:07 p.m.
Mr Speaker, indeed, if we want the Hon Minister to make an Executive Instrument, it means that it would not come here at all. It would depend on the date that would be specified. But if the people of Ghana really want to
have their representatives to see the instrument, then it should be a Legislative Instrument, which would take the 21-Sitting days before it becomes law.
Mr First Deputy Speaker 2:07 p.m.
The source of the authority is the Bill we are amending, so it should then be “Legislative Instrument”.
Dr Assibey-Yeboah 2:07 p.m.
Mr Speaker, if you look at subclause (4), it stipulates and with your permission, I beg to quote:
“The date specified under subsection (3) shall not be earlier than six months after the first vehicle has been assembled…”.
days
Mr First Deputy Speaker 2:07 p.m.
So you would start early. Twenty-one (21) Sitting days is possible within the period, so you would know when to start to achieve that.
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, I think it should be by Legislative Instrument, which would afford the practitioners to get the relevant information. If it is done by Executive Instrument, it would be just for information purposes and it could be issued from the office of the
Dr A. A. Osei 2:07 p.m.
-- rose --
Mr First Deputy Speaker 2:07 p.m.
Let us focus on our work now. Is it on the proposed amendment?
Dr A. A. Akoto Osei 2:07 p.m.
Mr Speaker, yes. It is related to subclause (1), and with your permission, I beg to read:
“The Minister may, by executive instrument, specify…”
I suspect that is the reason why subclause (3) has “Executive Instrument”. So we may want to look at subclause (1) carefully. There was no amendment to subclause (1), so I think we may want to look at it.
Mr First Deputy Speaker 2:07 p.m.
We do not give Executive Instrumental powers to Ministers.
Dr Assibey-Yeboah 2:07 p.m.
Mr Speaker, it is for this reason that in subclauses (2) and (4) we have stated that the Executive Instrument shall not come into force earlier than six months. After the passage of this Bill, we have signalled to the whole country that we have banned the importation of
vehicles over ten years old. So the Minister by Executive Instrument would state when it comes into force, but not earlier than six months.
Mr First Deputy Speaker 2:07 p.m.
So what does it change?
Mr Chireh 2:17 p.m.
Mr Speaker, we should change what we are doing to Legislative Instrument because the Hon Minister -- [Interruption.] -- With the Holidays Act that we have passed, what it means is that the Hon Minister can only declare a certain day. It is not of legislative nature. But if we say that from now on, “importers of old vehicles not more than ten years”, it is of legislative nature.

So Parliament must be involved in it. If it is just a declaration or something that is already legislated and there is no process involved, then the Hon Minister could carry out those things.

The executive instrument is clearly an act that does not require legislation. We have so many of them, but this one is of a legislative nature. So, we need to make it a “legislative instrument”.
Dr Assibey-Yeboah 2:17 p.m.
Mr Speaker, I would want to refer the Hon Member to clause 2 of the Bill, which is on page 2.
In clause 2, the legislative bit he talks about is being effected. It says and I quote:
“A person shall not import into the country a right-hand steering motor vehicle, a salvaged, motor vehicles; or…”
-- 2:17 p.m.
Mr First Deputy Speaker 2:17 p.m.
I would not give the Floor to anyone on this because there is really no issue. The amendment should be for a Legislative instrument not -- [Interruption] -- so Hon Chairman of the Committee, I would not put the Question if you do not change that to a “legislative instrument”.
Dr A. A. Osei 2:17 p.m.
Mr Speaker, since we are one on this, even though we have gone through it, there is also a consequential amendment to line (3).
Mr First Deputy Speaker 2:17 p.m.
We should finish what is before us, and then consider other matters. What is before us now is clause 5.
Dr Assibey-Yeboah 2:17 p.m.
Mr Speaker, there is also a consequential amendment in clause 5, subclause (1). So in subclause (1) and subclause (3) --
Mr First Deputy Speaker 2:17 p.m.
We substitute “a Legislative Instrument” for “Executive Instrument”. Also, we are to delete the use of “may” and insert “shall”. These are the matters upon which I am putting the Question.
Mr Kyei-Mensah-Bonsu 2:17 p.m.
Mr Speaker, the first one also comes with “may”. We are to delete “may” and insert “shall” in section 154 (1) and section 154 (3).
Dr Assibey-Yeboah 2:17 p.m.
Mr Speaker, the “may” is to stay in section 154 (1). However, in section 154 (3), there is a first “may” which is to also stay. The second “may” in line 3 is what is being changed to “shall” in section 154 (3).
In section 154 (1), it says “the Minister may by an executive…” that one is to stay. In section 154 (3), line 2, there is a “may”, which is also to stay. The “may” in line 3 is what is being changed to “shall”.
Mr Kyei-Mensah-Bonsu 2:17 p.m.
Mr Speaker, it should be “shall” in both. If we delete the words in parenthesis, what would it mean? It says that “the Minister may specify the date on which the import duty imposed may come into force”. So it is discretionary. He may or may not. It should therefore read “shall”. It would then read:
“The Minister would necessarily have to specify the date on which the import duty imposed on motor vehicles shall come into force”.
The Hon Chairman is totally wrong. He should delete “may” and insert “shall” in section 154 (1) and do same in section 154 (3).
Mr First Deputy Speaker 2:17 p.m.
In section 154 (1), the Minister may by a legislative instrument specify the date on which the import duty imposed on motor vehicles indicated under headings HS 87.03 to HS 87.04 shall come into force.
In section 154 (3), the Minister in consultation with the Minister for Trade may by executive instrument, specify the date on which a motor vehicle over ten years of age shall not be imported into the country.
Hon Members, the Hon Majority Leader proposes that both should be “shall”.
Dr Assibey-Yeboah 2:17 p.m.
Mr Speaker, who am I -- ? [Laughter] --
Mr First Deputy Speaker 2:17 p.m.
You are the sponsor of the Bill before us.
We usually do not use “shall” because we do not seek to force the Minister. Usually, it is the Minister who decides whether he would --
Mr Kyei-Mensah-Bonsu 2:17 p.m.
Mr Speaker, in this one, the meaning is different. As I said, in section 154, let us omit the words in parenthesis. How would it then read? It would read:
“The Minister may specify the date on which the import duty imposed on motor vehicles indicated under headings HS 87.03 to HS 87.04 of chapter 87 of section XVII of the First Schedule shall come into force.”
Mr Speaker, therefore, he may or may not specify the date, but is that the case? No!
Mr Speaker, the Minister “shall” specify the date because there must be certainty. He therefore must specify the date on which the imposition of the import duty shall take place. That is number one.
Mr Speaker, the second one is the specification of the date on which a motor vehicle over ten years may not be imported into the country. Certainly, the Minister must give the date. If the Minister may not give the date of the ban, then what are we saying?
Mr Speaker, it is rather the second “may” in section 154 (3) which should be left untouched, but the first “may” should be deleted and in its place, we shall have “shall”.
Mr Dafeamekpor 2:17 p.m.
Mr Speaker, I support the Hon Majority Leader's position simply because these are matters of task. There ought to be certainty in the law which indicates where liability would lie. So if we ask the Hon Minister to use his discretionary powers and he does not do it, then there would be confusion.
So we should not say he “may”. He “shall” do so. We should compel him because he may or may not do so.
Mr First Deputy Speaker 2:17 p.m.
Sorry, which one are you speaking to?
Mr Kpodo 2:17 p.m.
Mr Speaker, I am speaking to section 154 (3), where the Minister in consultation with the Minister responsible for Trade --
2. 27 p. m.
Mr First Deputy Speaker 2:17 p.m.
Before that, there is a controversy now; there is disagreement as to whether the Minister should be compelled to issue the Legislative Instrument (L. I.) and that is what we are discussing before we come to the consultative part.
Mr Jinapor 2:17 p.m.
Mr Speaker, in Committee, our understanding was that, first of all, the decision of the Minister to come up with this L. I. would depend on some occurrences. That is to say, the automobile companies would have to fulfil certain conditions. If the Minister is satisfied that those conditions are fulfilled, then, based on his discretion, he would decide to come up with this.
Mr Speaker, but now, my worry is that assuming we make it mandatory and in the wisdom of the Minister, it is not proper to come up with these decisions, would it not be tying the hands of the Minister to proceed to do such a thing?
Dr Assibey-Yeboah 2:17 p.m.
Mr Speaker, the Attorney-General advises that ‘may' is used when the intention is to confer power. So in sections 154(1) and 154(3), we should leave it as ‘may' but in section 154(3) line 3, the ‘may' be changed to ‘shall' because the intention is to ban. So sections 154(1) should stay as ‘may'; 154(3) as ‘may' and then, 154(3) line 3 should change to ‘shall'. That was the position I earlier canvassed for.
Mr Kyei-Mensah-Bonsu 2:17 p.m.
Mr Speaker, with respect, I not only disagree with the position of the Hon Chairman, I would like to suggest to him that I dissociate myself from his position.
Mr Speaker, let us read section
154(1):
“The Minister is required to specify the date on which to impose the import duty”.
Does the Minister have a choice not to specify the date? If we leave ‘may' -- [Interruption]-- I said if
we want the clear understanding of it, let us just omit the words in parenthesis and we would have a better meaning.
“The Minister may specify the date on which the import duty imposed on motor vehicles indicated on …shall come into force”.
The Minister may or may not specify the date. Is that what we are saying? Certainly, no! The legislative instrument is just a vehicle that he avails himself of. That is the instrument to convey this but he is obliged to specify the date the import duty will be imposed. So it should read:
“The Minister shall, by a legislative instrument, specify the date of the imposition”.
That is in section 154(1).
rose
Mr Kyei-Mensah-Bonsu 2:17 p.m.
Mr Speaker, I am not too sure that I am out of order for my Hon Colleague to rise --[Laughter]-- Mr Speaker, then --
Dr A. A. Osei 2:17 p.m.
Mr Speaker, I understand where the Hon Majority Leader is going to, but I think the ‘shall' should be referring to the date. So I say:
“The Minister by legislative instrument, shall specify the date —[Interruption]--
No, if we put the ‘shall' before the “legislative instrument”, then we are referring to the legislative instrument. That is my understanding. I would like Mr Speaker to advise me. -- [Interruption]-- The most important part is that he shall specify the date but the mode of doing that -- I know the Minister must come by a L. I., so the ‘shall' there before the L. I. is irrelevant.
Mr Chireh 2:17 p.m.
Mr Speaker, I think what the draftspersons advised is the correct thing to do. The Minister is not obliged at all times to do so. The expression “he shall' means that from any day, he should just do it or he must do it; but it is circumstances that would lead to that and that is why it is ‘may'. But as the Hon Minister for Moni- toring and Evaluation says, if we want the date to be specifically spelt out, that one is implied.
“The Minister may by legislative instrument, specify…”
Mr Speaker, but in terms of all these things as we are changing it now 2:17 p.m.
“The Minister may by a legis- lative instrument, specify the date on which the import duty imposed on motor vehicles indicated under headings…”
What I am saying in effect is that so long as the phrase, “specify the date” is there, we do not need a ‘shall'. He cannot issue the instrument without the date. He is a Minister so he cannot just on his own or we are not commanding him necessarily to bring the instrument or to specify.
Mr First Deputy Speaker 2:17 p.m.
Hon Members, is it that we just want to give the Minister the power or we just want to insist that he must do this? If we are just giving him the power, vthen the choice of the word, ‘may' - - [Interruption.] He has the power to do it but the decision to do it or not
lies with him; or this is mandatory, the programme must commence at this time, he is only giving notice but the notice is by a legislative instrument.
I want to listen to the sponsors of the Bill; what is it that you want to do? Do you want to just give the power to the Minister and leave the discretion to him when he or she chooses to do it or we are saying that he should do it but it must be by a legislative instrument?
Dr Assibey-Yeboah 2:17 p.m.
Mr Speaker, the Attorney-General advises again that the ‘may' confers power and it is obligatory; so it would do both. It confers power on the Minister and also says that the Minister shall specify the date. We leave it at ‘may' but that is what it does.
Mr Speaker, in every law that we have passed in this House, we have used “the Minister may by a legislative instrument…”. Every single one; even the Customs Act that I have in my hands has it. It is always ‘may'.
Dr A. A. Osei 2:17 p.m.
Mr Speaker, if we accept the Hon Chairman's interpretation of the Attorney- General's advice, may I suggest that we take the Attorney-General's
advice and move on since it answers your question? Once that answers your question, I think we could move on.
Mr Quashigah 2:37 p.m.
Mr Speaker, the Hon Chairman of the Finance Committee claims that the sponsors of the Bill say it is obligatory. If it is obligatory, then, the clearer meaning of it must not be ‘may', it must be ‘shall'. And I support one hundred and one per cent, the position of the Hon Majority Leader.
Mr Speaker, I even disagree with the amendment that was proposed by the Hon Minister for Monitoring and Evaluation. He wants us to move the ‘shall' to after the ‘executive instrument'.
Mr Speaker, but again, even the executive instrument must also be time bound and if we are making it an obligation and we are compelling the Minister to take a certain action by a certain time, it must affect the instrument itself.
I agree with the Hon Majority Leader that since the sponsor says it is obligatory, it should read:
“The Minister shall by Legis- lative Instrument specify the day''.
Mr Speaker, that is how it should be and that is the intention of the sponsors of the Bill. This Bill is not just for the sponsors, otherwise, they would not have brought it to this House.
Mr First Deputy Speaker 2:37 p.m.
Hon Chairman, move your amendment. The choice is for the House to decide whether we would accept the proposed amendment or not.
Dr Assibey-Yeboah 2:37 p.m.
Mr Speaker, the only amendment I moved, was in section 154(3) line 3, where the “may'', was changed to “shall''. Later, attention was drawn to the fact that the Hon Minister should come by an L.I. so in section 154(1), line 1, and 154(3) line 2, “Executive'' is also changed to “Legislative''.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:37 p.m.
Item numbered (xi) on the Order Paper.
Dr Assibey-Yeboah 2:37 p.m.
Mr Speaker, I beg to move, add the following new subclause:
Mr Kyei-Mensah-Bonsu 2:37 p.m.
Mr Speaker, to have this amendment synchronised with what we did in clause 5(2), we should look at the construction. We said not “earlier than six months'', now we say that “six months''. Which is which? For a complete symmetry, this one should read:
“shall come into force not earlier than six months after the date of the coming into force of this Act''.
So that we would repeat the same language.
Dr Assibey-Yeboah 2:37 p.m.
Mr Speaker, I wish to say that with this particular one, we would not involve the Hon Minister. We only referenced “the coming into force of this Act'', so we could say “six months''. This refers to salvaged vehicles. I agree that the “three months'' should be changed to “six months'', so we would leave it as it is.
Mr First Deputy Speaker 2:37 p.m.
Hon Chairman, I want to be guided. We would change the first word of the last but one sentence by deleting “three'' and inserting “six''.
Dr Assibey-Yeboah 2:37 p.m.
Mr Speaker, I have changed my mind. Let us leave it at “three months'' because they are salvaged vehicles. [Interruption]. No! The first one referred to vehicles older than 10 years, which are in a different category from salvaged vehicles. If we look at the carnage on our roads and most of the vehicles classified as --
Mr First Deputy Speaker 2:37 p.m.
You gave a reason for changing to “three months'' -- that people may have started an import which is already on the high seas and because of the challenges, it may take longer than planned.
Mr Kwarteng 2:37 p.m.
Mr Speaker, that is so but the question is, is “three months'' sufficient to clear pipeline imports? We think it is because we are also careful not to open the windows so wide that even after the intention is clear, some four months after this law has come into force, people would still attempt to ship because they could escape the window given.
We consider that “three months'' is balanced and within three months, things should still not be on the high seas. If it started, it would have arrived.
Mr First Deputy Speaker 2:37 p.m.
So, what was the justification for changing the other one to “six months''?
Mr Kwarteng 2:37 p.m.
Mr Speaker, I did not contribute to that but from this one, I am quite clear that “three months'' is sufficient.
Dr A. A. Osei 2:37 p.m.
Mr Speaker, I want to plead with the Hon Deputy Minister for Finance, to abandon the argument about “three months'', so that people could be punished. Rational people would not do illegal things. Six months is a reasonable time which we all know that once it gets to the seas, it would arrive. So we should leave it at “six months''. I believe that the importers are patriotic Ghanaians who would not internationally violate the law, so let us give them a little room.
Dr Assibey-Yeboah 2:37 p.m.
Mr Speaker, the truth of the matter is that a lot of these vehicles that end up being auctioned are salvaged and overaged and the evidence was produced at the Committee meeting. We do not want people to rush and ship a lot of
salvaged vehicles, so within the three- month period, those on the high seas should have arrived. Shipment from even the far East should get to the country within three months.
Mr First Deputy Speaker 2:37 p.m.
Hon Chairman, what is the difference between ‘'salvaged'' vehicles and ‘'overaged'' vehicles? All we want to look at is the period within which those that are already on the high seas would be cleared before the law comes into force but as to how they are acquired, I think it is the same.
Dr A. A. Osei 2:37 p.m.
Mr Speaker, what are the numbers we talked about? When the numbers do not mean much we should not act like we want to act with hard hands on people. Amongst these cars, is it one or two or is it 1,000? If it is minimal, six months should be sufficient.
Mr First Deputy Speaker 2:37 p.m.
The Hon Chairman has thrown in the towel for “six months''.
Dr Assibey-Yeboah 2:37 p.m.
Mr Speaker, I concede.
Question put and amendment agreed to.
Clause 5 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 2:47 p.m.
Indeed, there is another clause 6 which should be clause 7, I guess.
Dr Assibey-Yeboah 2:47 p.m.
Mr Speaker, yes, that is an error.
Mr First Deputy Speaker 2:47 p.m.
Very well, so we should amend the Bill or the draftsperson should take note and correct the second clause 6 to clause
7.
Clause 7 -- Third schedule to Act 891 amended
Mr First Deputy Speaker 2:47 p.m.
There is no advertised amendment to clause 7.
Yes, Chairman of the Committee?
Dr Assibey-Yeboah 2:47 p.m.
Mr Speaker, there is a proposed amendment on page 13, paragraph (b) (i), ‘military' should read ‘Ghana Armed Forces'. So we would delete ‘military' and insert ‘Ghana Armed Forces'. Also in paragraph (b) (vii), insert ‘Ghana' before ‘Immigration' to read ‘Ghana Immigration Service'.
Question put and amendment agreed to.
Clause 7 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 2:47 p.m.
Hon Members, the Long Title. Yes, there is an advertised amendment, Chairman of the Committee?
Dr Assibey-Yeboah 2:47 p.m.
Mr Speaker, I beg to move, Long Title, line 1, after ‘for' delete ‘the'.
The new rendition will be:
“AN ACT to amend the Customs Act, 2015, Act 891 to provide incentives for automotive manufacturers and assemblers registered under the Ghana Automotive Manufac- turing Development Programme; provide import exemptions for the security agencies and officers of the security agencies and for related matters.
Question put and amendment agreed to.
Long Title as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 2:47 p.m.
Hon Members, that brings us to the end of the consideration stage of the Customs (Amendment) Bill, 2020. [Pause]
Hon Majority Leader, what next?
Mr Kyei-Mensah-Bonsu 2:47 p.m.
Mr Speaker, I believe we can take a rest and to compose ourselves adequately for the onslaught on the Corporate Insolvency Bill, 2019 tomorrow.
At this stage, I think we can take an adjournment.
Mr First Deputy Speaker 2:47 p.m.
Very well, the Minority bench? [Inter- ruption] -- All right, so on this note, I will proceed to adjourn the House.
ADJOURNMENT 2:47 p.m.
  • The House was adjourned at 2.53 p.m. till Wednesday, 11th March, 2020 at 10.00 a.m.