Debates of 11 Mar 2020

MR SPEAKER
PRAYERS 11:23 a.m.
Mr Speaker 11:23 a.m.
Hon Members, there will be a special awards night this evening at 4 o'clock to honour some of our deserving members and staff, and we expect that Hon Members will show up in style.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:23 a.m.
Mr Speaker 11:23 a.m.
Hon Members, Correction of Votes and Proceedings of Tuesday, 10th March, 2020.
[No corrections were made to the Votes and Proceedings of Tuesday, 10th March, 2020].
Hon Members, Correction of the Official Report of 18th February,
2020.
Mr Samuel Okudzeto Ablakwa 11:23 a.m.
Mr Speaker, I am grateful. The
second paragraph of column 013 should be looked at again as well as the third paragraph at column 018. The Speaker could not have used this word “unpurported”; it does not exist.
I think that the Speaker has been wrongly quoted and so if the Hansard Department could go back to exactly what the Speaker said and capture that accurately. That is, the third paragraph of column 018.
Mr Speaker 11:23 a.m.
Any further corrections, please?
Hon Members, in the absence of any further corrections, the Official Report of 18th February, 2020 as presented and corrected be hereby adopted as the true record of proceedings.
Hon Majority Leader, where do we go from here?
Mr Kyei-Mensah-Bonsu 11:23 a.m.
Mr Speaker, I suggest that we skip the item numbered 3 which has to do with Questions for the time being and then go to -- I am informed that there is no Statement before you so we can go to the item numbered 5.
Mr Speaker 11:23 a.m.
Hon Members, the item numbered 5 -- Presentation of Papers by the Hon Majority Leader.
PAPERS 11:33 a.m.
Mr Kyei-Mensah-Bonsu 11:33 a.m.
Mr Speaker, we would stand the item
numbered 6 down for today because the Hon First Deputy Speaker is not here. We would also stand the item numbered 7 down and deal with the item numbered 8.
Mr Speaker 11:33 a.m.
Hon Members, the item numbered 8 -- Motion.
Yes, Hon Chairman of the Committee?
Dr Mark Assibey-Yeboah 11:33 a.m.
Mr Speaker, the Paper that was presented and referred to the Finance Committee was a memorandum and contained in it were four requests for tax waivers.
Mr Speaker, we have one report contained in the four tax waivers. So I would move Motions 8, 10, 12 and 14, and the Report before us will cover all the four requests for the tax waivers.
Mr Speaker 11:33 a.m.
Hon Member, did you say Motions 8, 10, 12 and 14?
Dr Assibey-Yeboah 11:33 a.m.
Mr Speaker, yes.
Chairman of the Committee (Dr Mark Assibey-Yeboah 11:33 a.m.
Mr Speaker, I beg to move -- [Interruption]

Muntaka -- rose --
Mr Speaker 11:33 a.m.
Yes, Hon Minority Chief Whip?
Alhaji Muntaka 11:33 a.m.
Mr Speaker, you would remember that two days ago, when the Hon Member was laying the Paper, I stood up and you signalled that I should let him lay it. I insisted that there should be sufficient copies.
Mr Speaker, we do not have copies of the Report in the House -- [Interruption] -- Ask them whether they have distributed any copies? [Interruption] -- So how is it that nobody on the Minority Side has it? -- [Interruption] -- Mr Speaker, you could find out. We do not have copies. They are supposed to be distributed on the day the Report is read.
Dr Assibey-Yeboah 11:33 a.m.
Mr Speaker, our Orders are clear. As soon as sufficient copies are available at the Table Office -- [Interruption] -- at the time of laying, sufficient copies were available. As a matter of fact, when the Reports are distributed, many a time, by the time the Motion is taken, Hon Members do not have
the Report, so I have asked that copies be made and they are being distributed now. We always keep some of the Reports here, so that on the day they are being taken, then fresh copies are distributed.
Mr Speaker 11:33 a.m.
Yes, Hon Member?
Alhaji Muntaka 11:33 a.m.
Mr Speaker, we are Hon Members of Parliament, so at all times, we should try to be truthful on this Floor. [Interruption] -- I have an Usher who keeps all the documents that have been laid in this House on my file. So Mr Speaker, if it is sent to the Mails room, I would have a copy with me in my file. I have checked; I just do not get up to complain for just complaining sake. They are now trying to distribute copies of the document in the Chamber and the time that the distribution is ongoing, he wants to move the Motion. How fair is he to Hon Members of Parliament? [Interruption]
Dr Assibey-Yeboah 11:33 a.m.
Mr Speaker, is the Hon Minority Chief Whip suggesting that his Usher is inefficient? [Interruption]
Mr Speaker 11:33 a.m.
Hon Members, order!
Hon Minority Chief Whip, do you have all documents distributed in the file you have? [Laughter] -- I am just wondering.
Some Hon Members 11:33 a.m.
Mr Speaker, daily.
Mr Speaker 11:33 a.m.
All right.
From the way he said it, I was just wondering.
Alhaji Muntaka 11:33 a.m.
Mr Speaker, the Order Paper produced each day indicates the Business that the Chamber is likely to take. So far as those documents have been distributed properly through the Mails room, I would have copies. For example, with the Bills that we would be taking today, I have all the copies in my file.
Mr Speaker 11:33 a.m.
Hon Member, the Ag. Clerk has advised me that Hon Members on my left have copies now if not earlier.
Dr Assibey-Yeboah 11:33 a.m.
Mr Speaker, may you live long.
MOTIONS 11:33 a.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:43 a.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU Levy and other taxes amounting to twenty-five million, one hundred and forty-four thousand, nine hundred and eighty- nine Ghana cedis twenty-seven pesewas (GH¢25,144,989.27) on vehicles to be procured for the Inter- City STC Company Limited.
That this honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU

Levy and other taxes amounting to seven hundred and eight thousand, six hundred and fifty-two Ghana cedis ninety-two pesewas (GH¢708, 652.92) on vehicles to be procured for the Ministry of Regional Reorganisation and Development.

That this honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU Levy and other taxes amounting to fourteen million, seven hundred and eighty-five thousand, six hundred and fifty-eight Ghana cedis seventy-seven pesewas (GH¢14,785,658.77) on vehicles to be procured for the Metro Mass Transit Limited.

That this honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU Levy and other taxes amounting to eight hundred and forty-one thousand, six hundred and forty-five Ghana cedis twenty pesewas (GH¢841,645.20) on weapons donated to the Ghana Immigration Service.

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

1.0 Introduction

The

i. request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU Levy and other taxes amounting to fourteen million, seven hundred and eighty-five thousand, six hundred and fifty-eight Ghana cedis seventy-seven pesewas (GH¢14,785,658.77) on vehicles to be procured for the Metro Mass Transit Limited,

ii. request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU Levy and other taxes amounting to seven hundred and eight thousand, six hundred and fifty-two Ghana cedis ninety-two pesewas (GH¢708,652.92) on vehicles to be procured for the Ministry of Regional
Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:43 a.m.
Reorganisation and Develop- ment,
iii. request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU Levy and other taxes amounting to eight hundred and forty-one thousand, six hundred and forty-five Ghana cedis twenty pesewas (GH¢841,645.20) on weapons donated to the Ghana Immigration Service, and
iv. request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL Levy, ECOWAS Levy, EXIM Levy, Special Import Levy, AU Levy and other taxes amounting to twenty- ;five million, one hundred .and forty-four thousand, nine hundred and eighty- nine Ghana cedis twenty- seven pesewas (GH¢25, 144,989.27) on vehicles to be procured for the Intercity STC Company Limited.
These Reports were presented to the House on Wednesday, 19th
February, 2020 by the Hon Deputy Minister for Finance, Mrs Abena Osei-Asare on behalf of the Minster for Finance.
The Rt Hon Speaker referred the requests to the Finance Committee for consideration and report.
The Committee met with Hon Daniel Botwe, Minister for Regional Reorganisation and Development, Hon Ambrose Dery, Minister for the Interior, a Deputy Minister for Finance, Hon Kwaku Agyeman Kwarteng, a Deputy Minister for Transport, Hon Daniel Nii Kwartei Titus-Glover, and officials from the Ministry of Finance, the Ministry of Regional Reorganisation und Development, the Ministry of Transport, the Ministry of the Interior, Intercity STC, Metro Mass Transport Limited (MMTL), Ghana Revenue Authority and Ghana Immigration Service to consider the request.
3.0 Background
3.1 Metro Mass Transit Limited
(MMTL)
The establishment of Metro Mass Transit Limited (MMTL) is to share a common goal of ensuring that public transport is accessible to all. In pursuance of this goal, MMTL provides social transport services to both rural and urban dwellers at

moderate fares. The company has been recognised as the only public transport service provider in many remote parts of the country. The MMTL, besides its strategic role in job creation and linking rural areas to urban centers, it also provides discounted bus fares for Ghanaians above the age of 65 and offer free bus services for school children.

The MMTL at its peak of operations had a fleet size of approximately 1,300 buses, operating at an average of 7 27 buses daily on 390 routes thus providing direct employment for over 4,000 people. The 390 routes covered main service Intra- city service routes, rural-urban services routes and intercity service routes.

Over the years, the company's fleet has been dwindling. The buses have reached their useful life, some are as old as 17years. This led to the breakdown of more than 70 per cent of the buses leading to a decline in its operations. In recent times, the company has suspended most operations due to lack of buses to sustain the operations.

An investigation into the operations of the company at its Tarkwa, Tamale

and Kumasi depots by the National Security in June 2019, indicated that the company does not have buses to meet the high demand, leading to agitation against the Government for perceived inaction on its campaign promises.

It was therefore necessary that the MMTL is assisted to acquire more buses to augment their fleet and also consolidate their operations. Assistance to the Company would enable them to continue to provide reliable and affordable public transport services, especially to the rural-urban population.

Pursuant to this objective, the Ministry of Transport made a request to the Ministry of Finance for approval to procure 100 buses to revamp MMTL's operations. The Ministry of Finance granted approval for 50 buses. These buses have since been supplied and deployed into service on various routes throughout the country.

Following from above, the Ministry received another approval from the Ministry of Finance to procure 50 additional buses. The additional 50 buses arrived at the Tema Port on 15th November, 2019.

The estimated duty payable on the buses is fourteen million, seven hundred and eighty-five thousand, six hundred and .fifty-eight Ghana cedis seventy-seven pesewas

(GH¢14,785,658.77).

3.2 Ministry of Regional Reorga- nisation and Development

The Ministry of Regional Reorganisation and Development's objective is to strengthen the coordinating and administrative functions of the regions in the country. Its goal is to enhance access to Government services through reorganisation and the development of administrative regions.

The core functions of the Ministry are to:

Facilitate the formulation of policies for the reorganisation and development of admini- strative regions;

Facilitate the development of strategic plans and programme based budgets for the reorganisation and development of administrative regions;

Facilitate the development of communication/advocacy

strategies to sensitise stake- holders on the modalities involved in the reorganisation of administrative regions;

Collaborate with relevant Ministries, Departments and Agencies for the reorganisation and the development of new regions; and

Facilitate the design and preparation of programmes and projects for the development of the newly created administrative regions.

In December 2018, six new regions were created to help accelerate development in all parts of the country. As part of efforts to retool and enhance efficient and effective workings of the new regions, the Ministry is procuring vehicles for the newly created regions. The total tax liability computed by the Ghana Revenue Authority amounted to GH¢708,652.92 on the consignment.

In order to clear the vehicles from the port, there is the need to waive taxes and duties applicable. It is in this regard that the request for the waiver of taxes and duties for the Ministry of Regional Reorganisation and Deve- lopment have been submitted to Parliament in accordance with article 174 of the 1992 Constitution of Ghana.
Mr Speaker 11:43 a.m.
Thank you very much, Hon Chairman of the Committee.
Mr Cassiel Ato Baah Forson (NDC-Ajumako/Enyan/Essiam) 11:43 a.m.
Thank you, Mr Speaker, for the opportunity to second the Motion.
Mr Speaker, in doing so, I would want to say that I strongly believe that
it is in the right direction for Parliament to approve the request for a tax waiver for the Ghana Immigration Service and the Ministry of Regional Reorganisation and Development.
Mr Speaker, I also strongly believe that there is the need for us to evaluate the request for a tax waiver for the likes of the Metro Mass Transit Limited and the Inter-City STC Company Limited.
Mr Speaker 11:43 a.m.
Thank you very much.
Dr Assibey-Yeboah 11:43 a.m.
Mr Speaker, the Hon Ranking Member got up to second the Motion, but in concluding, he said: “With these few words, I second the Motion”.
Mr Speaker 11:43 a.m.
Having seconded it, the Hon Member was entitled to say that he was in support of it.
Question proposed.
Mr Kwame Governs Agbodza (NPP -- Adaklu) 11:53 a.m.
Mr Speaker, thank you for the opportunity to support the Motion for the approval of various sums of moneys as tax waivers for the Metro Mass Transit Limited, the Inter-City STC Company Limited, the Ghana Immigration Service and others.
Mr Speaker, the Report talks about the justification of these amounts as tax waivers. I would start with Metro Mass Transit Limited. The Metro Mass Transit Limited is a public transport system that provides services to areas that are under served with transport in this country. The more we can do for the Metro Mass Transit Limited, the better for those of us who live in the hinterland
and can benefit from a safe transport system.
Mr Speaker, in 2006, Government took a loan and bought about 150 buses, and subsequently bought others for MMT. It is indeed very sad that today, the fleet of Metro Mass vehicles is significantly depleted. So anything that we can do to augment that fleet is a step in the right direction.

Mr Speaker, I feel Metro Mass Transit (MMT) is a public service and giving them tax waivers, and even going further to find ways to support the operations of the Metro Mass Transit or even subsidise the fuel that they consume is very important.

Mr Speaker, you would be surprised to note that sometimes, they are even unable to break even because they cannot even pay for their fuel cost. So I support that.

Mr Speaker, in October 2016, a big injection was made into STC; it was a loss-making enterprise for a very long time and this House in 2016, approved an amount of money and luxury coaches and other things were bought for them.

It is gratifying to note that STC is a profit-making entity today, and this
Mr Samuel Ayeh-Paye (NPP -- Ayensuano) 11:53 a.m.
Thank you Mr Speaker. I rise to support the Motion and in so doing, pass some few comments on your Committee's Report.
Mr Speaker, Metro Mass Transit is a social intervention service provider. It gives free school riding; they take pupils and students free of charge. They ply roads where ordinarily, commercial vehicles that are doing business for profit may not go to. They go to areas where the roads are very bad. This increases the operational cost of Metro Mass Transit.
Mr Speaker, there has been a proposal and a research has been made by MMT and some private organisations, and they are suggesting that if we can go ahead, apart from waiving the taxes on the vehicles that are being imported into the country by MMT, if we can also waive the duties and levies on the fuel that they consume, it would reduce their operational cost by 30 per cent.
Mr Speaker, MMT's cost of operation is very high. The types of vehicles that they use -- that is why some of us were not in support when some Chinese buses were procured by the previous Administration to be used by the MMT. The buses were not able to support the terrain that the MMT operates on. And their fuel consumption is also high and this creates problems for the MMT.
Mr Speaker, today, we are importing Daewoo buses that are very strong and also have very good fuel consumption. And I think waiving the taxes for them would help them live to the mandate of the organisation.
Mr Speaker, one issue that your Committee on Roads and Transport always takes up with the MMT on what the Ministry of Transport and this House should consider is the ownership structure of the MMT. These buses that we are clearing, for which we are requesting for the tax waivers have been in the Harbour for more than three months. And the reason being that the Ministry of Finance was initially finding it difficult to waive the proposal to this House.
Mr Speaker, the ownership structure of the MMT is also making it difficult for Government to make
direct investment to improve the company. The Government of Ghana holds 45 per cent of MMT while State owned enterprises and other private institutions hold the remaining 45 per cent.
Mr Speaker, my suggestion is that since MMT is operating a social intervention service and they hold the gap for us in terms of road transport in this country; they go to hinterlands where private commercial vehicles find it difficult to ply to. I would suggest that the Government of Ghana should take the full ownership of the MMT by acquiring the remaining 55 per cent that is owned by other State owned organisations and the private sector.
Mr Speaker, when MMT becomes 100 per cent Government owned, it would help Government to make full support of MMT. As we speak we do not have a clear bus policy programme for MMT. At times, they buy buses for themselves; at times, they ask the Ministry of Transport to purchase buses for them; at times, they do not even have an input at what kind of buses they should buy. They would be there and the Ministry of Transport would purchase buses and ask them to take delivery of them.
Mr Speaker, it is important for us to have a clear policy; that is bus replacement policy for MMT.
Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 11:53 a.m.
Thank you Mr Speaker. I have a general view about tax waivers and I still would like to take this opportunity to reiterate that this House as Parliament, must have a Committee that the Hon Majority Leader has been speaking about since he became the Majority Leader, to relook at this tax waiver business. Mr Speaker, I can bet that I can sense abuse in the way these tax waivers are being churned out.
Mr Speaker, with the Regional Reorganisation and Development and the Ghana Immigration Service, I may not have much to say, but in the case of MMT and STC Inter-City, we need to be very careful. If we look at the composition of the ownership of the MMT; 45 per cent of it is owned by the Government and 55 per cent
by other private individuals and other public institutions. By simply giving out this waiver, what we are simply doing is that we are dashing these private persons this money.
We are giving these moneys to them free. What we should do is to use these moneys to increase Government shares. [Interruption].
Mr Speaker 12:03 p.m.
Hon Members, Order!
Yes, Hon Minister for Education?
Dr Prempeh 12:03 p.m.
Mr Speaker, with your permission, I beg to quote what the Hon Member for Asawase said in the beginning of his statement. He said:
“I can sense abuse''.
Mr Speaker, “sensing abuse'' means that he thinks there is abuse. “Thinking'' means that he has imputed ill-motive in the work that the Committee and Metro Mass has done. Our Standing Orders frown on imputing ill-motive. It is not about debate but about imputing ill-motive. I do recognise the fact that the Hon Member for Asawase is one of the Methuselah's of the House, but he should give us the evidence he has for
him to sense and think there is abuse. If he cannot substantiate, he should do the graceful thing by withdrawing the words “I sense abuse''.
Mr Speaker 12:03 p.m.
Hon Member, the rules are clear on imputing ill-motive et cetera. Let us not debate this. It cannot be justifiable because it is imputative if you say you sense abuse -- it means the abuse is rightly available for you to sense. Please, if this is capable of being abuse to your mind, it is a different formulation. Please, formulate it well and let us make progress.
Alhaji Muntaka 12:03 p.m.
Mr Speaker, I have been in this House while several tax waivers have been granted. We expected the Committee that wanted us to waive this tax to tell us the balance sheet of -- [Interrup-tion] -- we are debating --
Mr Speaker 12:03 p.m.
Hon Member, first things first. Withdraw that statement and proceed.
Alhaji Muntaka 12:03 p.m.
Mr Speaker, with the greatest respect, there is nothing to withdraw. This is because in this same House, people have been asked to provide the very details of the things that were to be waived but they could not provide it. That is why I said that “I sense abuse'' -- because
it would be abused. I would want to refer to the Message on the State of the Nation where former President John Dramani Mahama said that --
Mr Speaker 12:03 p.m.
Hon Member, Order!
Hon Member, to “sense abuse'' means that the abuse exists and you sense it. To postulate that something is capable of abuse is a different proposition. This is Parliament and verbiage is crucial. That which is capable of being abused, must of course be watched and prevented, but that which is being abused must be cured; that is a curative issue. There is nothing to show evidentially that something has been abused. Please, advise yourself.
Alhaji Muntaka 12:03 p.m.
Mr Speaker, if it is your view that sensing abuse --
Mr Speaker 12:03 p.m.
Hon Minority Chief Whip, I have explained myself in extenso and you will not contradict the Chair.
Alhaji Muntaka 12:03 p.m.
Mr Speaker, I would not contradict you. I have provided enough evidence to adduce the fact that --
Mr Speaker 12:03 p.m.
Hon Member, Order!

we listen to you when you speak, so if you do not want to listen to me, then you could give the ruling. First, listen to me because I have not even finished talking. Listen to me to know if what I would say would still contradict what you said. You have not even heard me, to be able to make a decision on whether what I would say would make sense or would be in contradiction with the ruling that you gave.

When President Akufo-Addo, came to this House in 2018, he said that the Government would look into tax waivers and put in mechanisms to reduce the abuse that go with it. In this House, so many Hon Members have raised this --
Mr Speaker 12:03 p.m.
Hon Member, I am responsible to do the interpretation -- and that is a fact. I said that if you say you sense abuse in plain English parlance, then you have alluded to that which exist. Our rules do not allow us to insinuate. If you say something is capable of abuse that requires a preventive measure because it means that it may or may not happen and for that matter, you do preventive measures so that it does not happen.
However, if you say that something exists and it is really there and you smell it, then it is a curative measure
to remove it. I have no doubt in my mind with regard to the English and the limn of it. So withdraw what you said.
Alhaji Muntaka 12:03 p.m.
Mr Speaker, I withdraw the words “I sense abuse'' to say --
Mr Speaker 12:03 p.m.
If you have withdrawn it, then proceed on another tangent.
Alhaji Muntaka 12:13 p.m.
Mr Speaker, I would rephrase it to say, “it is most likely to be opened to abuse'' as the nature and the form we would give it today.
Mr Speaker, for a long time, I have raised concerns about the nature and the manner that we give these waivers. For example, Government owns 45 per cent in the Metro Mass Transport and other government organisations and individuals own 55 per cent. My view is that if they need a waiver, let us use this amount of over GH¢20 million to rather increase Government's shares and ownership in the company.
The same thing should apply to Inter-City STC Company Limited because 85 per cent of it is owned by the Social Security and National Insurance Trust (SSNIT) and 20 per cent by the Government. If we have to waive, let us use the amount of
waiver to increase our shareholding in the company because these are tax payers' money. If the Ghana Private Road and Transport Union (GPRTU) wants to procure buses and they come to this House that they want a tax waiver, I doubt if we would be willing to waive taxes for them.
If Progressive Transport Owners Association (PROTOA) comes to this House for a tax waiver, we may have difficulty with it. I know VIP has more buses than STC and they patrol Kumasi-Accra, Kumasi-Cape Coast, Kumasi-Wa and all the other routes. However, if they come to the House for tax waivers, I doubt if they would be given.
Mr Speaker, in the Committee's Report, they did not tell us that they have seen their balance sheet and gone into their operations and activities to be sure that they are on the right track. There was nothing like that in the Committee's Report.
My worry is that just as the President himself stated in the 2018 Message on the State of the Nation, about his worry on the quantum and nature of waivers that come to the Government which are granted by Parliament, I think this House must set up a committee to have a modality. We need to ring fence and create a clear cut policy under which waivers
would be approved in this House. With the way that it is done, if we are not careful very soon, the Government may find it difficult to be able to run its programmes.

This is because even in the year 2018, His Excellency the President acknowledged that a little over GH¢4 billion goes into waivers annually and we sometimes cannot put our fingers on that.

Mr Speaker, this is worrying and we can choose to play the ostrich pretending that these are not issues of importance. However, as the representatives of the people who have the sole mandate to waive taxes, we need to be careful how we carry out this exercise. As I said early on, it is most likely to be open to excessive abuse and with this, I state that the operations of the STC and Metro Mass Transit Limited are very important but we need to look at how they are being run.

This is because these are limited liability companies that are registered to operate in a private manner. With the exception of the Metro Mass Transit Limited that operates with some social aspects, the STC is supposed to run as a purely private business and the waivers we give
Mr Speaker 12:13 p.m.
Hon First Deputy Speaker?
Mr Joseph Osei-Owusu(NPP -- Bekwai) 12:13 p.m.
Mr Speaker, thank you very much for the opportunity to contribute to the debate on the Report from the Finance Committee on tax waivers.
Mr Speaker, I think that we have to first be clear in our minds as a country in terms of what kind of service we want the Metro Mass Transit Limited to perform.
I was working at the Ministry of Transport when the Metro Mass Transit Limited was formed and my understanding was that it was set up as a social service to provide
transport within the cities as the name applies; “metro”. This is intra-city services, therefore they were not expected to make profit but to, at best, break-even.
So it may not be fair to expect the Metro Mass Transit Limited to be profit making because that was not the object of their establishment. Again, are we implementing the object?
Mr Speaker, now, the intra-city service is dead and not operating anywhere within the city. Now, the Metro Mass Transit Limited is actually in competition with Inter-City STC Company Limited so to speak and they are operating inter-city instead of intra-city. The buses they have imported, are they intra-city buses? No, they are highway buses.
The whole purpose was to provide intra-city services, that is, Accra to Bawaleshie, Accra to Adjringanor, and so on. So obviously, their operations have changed but also, we must be fair as we are seated here because we use their services and we do not pay for it.
Mr Speaker, there is a petition before you and I have a copy of it, concerning Hon Members of this House who have used the services of the Metro Mass Transit Limited and
they are demanding payment from them but they have not paid. [Uproar] --
If one goes through the records, there are reports of other Government agencies and political bodies that have used the services of Metro Mass Transit Limited and have not paid and we are the same people complaining that they are not making profit. They would not make profit if we continue to use their services and do not pay. These are the kind of things we should do by first setting the example. Once we use their services, we should pay for it. If it were the VIP transport service, we would have paid, so if it is Metro Mass Transit Limited, we should pay however small or big the charge is.
Mr Speaker, the STC for example, when my Hon Colleague, the Ranking Member of the Committee on Roads and Transport says they are making profit, I will then pitch that profit against that of the VIP transport service. The VIP transport service does not get any Government support, but we give the STC tax waivers and have even bought buses for them. So what kind of profit are they making?
If the STC pays its taxes like the VIP transport service, will they make
returns on their investments? So there is still something we must do. Are they also set up to provide social services? If they are not, then it is our insistence that they charge lower than other private transport services. This is the cause. We want them to charge lower but to be as profitable as those who charge higher. [Interruption] --
Mr Speaker, if they are competing then there should be a level playing field that allows them to determine their prices. The biggest opportunity they have is that they are trusted for being safe; that is the most attractive part of the STC.
Of all the reports of accidents that we have heard recently, there is none involving STC buses because in many instances, they obey the rules. For example, the rule is that no driver should drive continuously for more than four hours. So on their long journeys, that is Accra to Wa or Tamale, they have two drivers and that would cost them more than the other operator who is using one driver and is therefore prone to accidents and so on. Therefore when we compare, we should consider all the parameters. It is these things that enable us to determine whether our STC is truly making profit.
Mr Speaker, most importantly, we want those services but without
Mr Speaker 12:13 p.m.
Thank you very much, Mr First Deputy Speaker.
Majority Leader (Mr Osei K y e i - M e n s a h - B o n s u ) 12:23 p.m.
M r Speaker, thank you very much for the space provided to also make a few observations about the Report before us.
Mr Speaker, I believe that these are matters that should really engage our attention, that is, the matter relating to tax waivers in general. Before I start, I think that it is important to state, that granting tax waivers to these parastatals has indeed, happened before.
Indeed, we have in this House, by necessary implication, also given tax waivers even to the Ghana Private Road Transport Union (GPRTU) before in this House.
Mr Speaker, in the year 1998, Government imported over 200
vehicles; tax waivers were granted by this House and Government on-lent all of them to the GPRTU. So it has happened before even to the private transport unions.
So let nobody create the impression that the private transport unions have never benefitted, they have also benefitted. However, with the issue before us, because it is for Parliament to grant tax waivers, if the issue is that -- this is what I have always stood for. What has been the general benefit to this country regarding these tax waivers we have been granting in respect of the economy? This should concern us.
Perhaps, we may put together a small committee to conduct further studies into this and make recommendations to the House. That is how we should treat this.
Mr Speaker, let nobody create the impression that this is being done to this group and maybe, they are not showing good returns to us. I agree that the STC, beyond what the Hon First Deputy Speaker has said, is a parastatal and it falls on us.

A Committee of this House -- indeed, it is the remit of the Committee on Employment, Social Welfare and State Enterprises to delve into the

operations of Inter-City STC Company Limited and advise this House on the way forward.

Mr Speaker, for the avoidance of doubt, I would read Standing Order

184:

“(1) The Committee on Employ- ment, Social Welfare and State Enterprises, composed of twenty Members, shall review and study on a continuing basis the operations of State Enterprises with a view to determining their economy and efficiency and also deal with matters relating to Employment and Social Welfare in general.

“(2) It shall also be the duty of the Committee:

(a) to examine the reports and accounts of public enterprises and the context of their auto- nomy and efficiency whether their operations are being managed in accordance with sound business principles and prudent commercial practices.”

Mr Speaker, it should be the concern of that Committee to embark on this exercise and apprise this House of it accordingly. The Committee thus far has shirked this responsibility. We should encourage them to embark on these exercises. It would then provide us with the relevant information to indeed, interrogate the efficiency or otherwise of the State Transport Corporation. We do not have any such Report before us. So on the spur of the moment, for the Hon Member to rise up and talk to suspicions would not help us. It is within our competence to do so, let us charge the appropriate Committee to do this and report to us.

Mr Speaker, the other issue about Metro Mass Transit Ltd, again, further to what the Hon First Deputy Speaker said we should examine the buses the company is importing for the purpose of the performance of their functions. If it is indeed about mass transit, it is supposed to provide intra city transport, those buses should have greater space for people to stand in and very limited seats. Unfortunately, the buses in the system have more sitting space than standing space. That should tell us ab initio that they are bringing in the wrong buses.
Mr Speaker 12:23 p.m.
Hon Members, upon that we would move Resolutions listed as 9, 11, 13 and 15.
Yes, Hon Minister?
Mr Kyei-Mensah-Bonsu 12:23 p.m.
Mr Speaker, the Minister is caught up in a crucial meeting but the Hon Deputy Minister is here. If you could indulge her to move the Motion for the adoption of the Resolutions on behalf of the substantive Hon Minister.
Mr Speaker 12:23 p.m.
Yes, Hon Deputy Minister?
RESOLUTIONS 12:23 p.m.
AND 12:23 p.m.
AND 12:23 p.m.
BY THE COMBINED 12:23 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 12:23 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 12:23 p.m.
Hon Members, could we please move to the Order Paper Addendum on the item numbered 2(a)? -- Presentation and First Reading of Bills, Public Universities Bill, 2020.
BILLS -- FIRST READING 12:23 p.m.
Mr Speaker 12:23 p.m.
Hon Members, the item numbered 2(b) on the Addendum Order Paper.
Ghana Communication Technology University Bill, 2020
An ACT to establish the Ghana Communication Technology Uni-

versity as a public tertiary institution and to provide for related matters.

Presented by the Minister for Education (Dr Matthew Opoku Prempeh). Read the First time; referred to the Committee on Education.
Mr Speaker 12:23 p.m.
Hon Member, item listed as 1 on the Addendum Order Paper -- Question. If the Hon Minister for Information may please take his chair?
Hon Members, Question number 670, which stands in the name of the Hon Member for Kumbungu.
ORAL ANSWERS TO 12:23 p.m.
QUESTIONS 12:23 p.m.
MINISTRY OF INFORMATION 12:23 p.m.
Mr Speaker 12:23 p.m.
Hon Members, the First Deputy Speaker will take the Chair in the meantime.
Yes, Hon Minister, you may please answer the Question.
Minister for Information (Mr Kojo Oppong Nkrumah) 12:33 p.m.
Mr Speaker, thank you for the opportunity.
Mr Speaker, the Ghana Broad- casting Corporation, as part of its operations, has established several relationships with local and international media and non-media organisations.
These relationships include collaborations for mutual benefit in areas of content sharing, and co- location agreements, where GBC rents out mast space, transmission hall space or land area at any of its 42 locations across the country for revenue generation. In some instances, co-location arrangements are with State institutions, including the Security Agencies.
Co-location Agreements
Co-location by definition, is a rental agreement where the tenant pays rent to GBC for the use of a GBC site for signal reception and re-broadcasting.
There is an active co-location agreement between GBC and BBC covering the latter's facilities at Adjangote and Sekondi. There is a contract covering this rental agreement with annual rent payable by BBC to GBC. The agreement was signed in 2010. In 2016, the contract was amended to distinguish utilities from rental fees. Thus, there is now a component for utilities where GBC forwards electricity bills covering BBC usage at these sites for the latter to pay. It is important to make it clear that fees for utilities are a refund and not revenue for GBC.

Mr Speaker, in respect of the BBC installations at Adjangote and Sekondi for the years 2017 and 2018, the BBC paid to GBC an amount of US$37,989.00 each as rent for co-location.

GBC has no co-location agreement with the two other international media organisations, that

is the Voice of America (VOA) and Deutsche Welle (DW).

Collaborative relationships

In the area of collaborative relationships, GBC has Memorandum of Understanding (MoUs) with some international media organizations, including the Voice of America (VOA) and Duetsche Welle (DW).

These multi-year MoUs define the framework for collaborations including content sharing. Specific agreements are then signed annually to give meaning and definition to the MoUs.

Mr Speaker, there are no monetary transactions in collaborative relations including the VOA and DW arrangement. However, certain types of support may be quantified and specified in monetary terms, but cannot be cashed by any party. For instance, under the arrangements with VOA, GBC receives VOA content and uses it at GBC's editorial discretion. In order to receive the content, a VOA dish is mounted at GBC to receive the content. VOA then supports GBC with a training and capacity building programme worth twenty-five thousand US dollars (US$ 25,000.00) annually. In some instances, a portion of this support is exchanged for equipment, as happened last year. In 2020, GBC and
Mr Speaker 12:33 p.m.
Thank you very much, Hon Minister.
Mr Ras Mubarak 12:33 p.m.
Mr Speaker, I have copies of the 2018 and 2019 Budget Estimates for the Ministry of Information as well as other agencies here with me.
Mr Speaker, in those instances, the agencies did not include in their performance report, the Internally Generated Funds (IGF) that the Hon Minister has indicated in his response.
Mr Speaker, I would like the Hon Minister to indicate to this honourable House, why in 2018 and 2019, in spite of the fact that some moneys accrued to the Ghana Broadcasting Corporation (GBC), but its performance report did not include that to the Committee on Commu- nications?
Mr Oppong-Nkrumah 12:33 p.m.
Mr Speaker, my understanding is that the numbers that were published by these agencies were the lump sum, not necessarily broken down to the various sources of contribution to the
IGF.
In my enquiry from the directors of GBC, they explained to me that the lump sum includes all the sources. So my expectation is that the lump sum as quoted in the report would include all of these sources. Nonetheless, we can go back and bring a further broken-down detail, which would show that detail.
Mr Ras Mubarak 12:33 p.m.
Mr Speaker, the broken-down details do not indicate what was presented to the Committee. I would however move on to another question.
Mr Speaker, I would want the Hon Minister to tell us how they came by the figure of an amount of US$ 37,989.00 as the agreement fee between the GBC and the BBC. I would want to know whether it is the international standard fee or it is something that the Ministry agreed to, out of thin air.
Mr Oppong-Nkrumah 12:33 p.m.
Mr Speaker, in general, the co-location agreements are treated as rental agreements in instances where they would mount their dishes or equipment at the GBC premises. In that regard, what happens is that the GBC engages with them on the standard rent that they seek to charge based on the prime property that they would make available to them.
So we find out that between Adjangote and the other sites, they calculate per square metre based on the utilisation that they would require for the particular equipment that they would use. After that they then give them a charge.
Mr Speaker, this is to be distinguished from the utilities that may be occasioned as a result of the presence of those facilities that are being rented on those sites. That is why after the 2010 renewal, GBC now moved on to have a separate
scheme where utilities were refunded, separate from the rental which is based on the amount of space and the prime property that they would make available to them. It is not an arbitrary figure and it is not based on some international computation, but it is based on a contractual agreement in instances where these co-locations apply.
Mr Ras Mubarak 12:33 p.m.
Mr Speaker, I would want to know whether the Hon Minister would make available the contract to the Committee on Communications. Again, in respect of the arrangement with the VOA, the Hon Minister indicated in his Answer that they support GBC with training and capacity building programmes worth US$ 25,000.
Could the Hon Minister indicate to the House the number of GBC personnel at any given time who benefitted from this particular training? How is the amount of US$25,000 quantified in terms of the number of personnel who benefitted from the training?
Mr Oppong-Nkrumah 12:33 p.m.
Mr Speaker, this House exercises supervision over what the Executive does. We would be happy to furnish the Committee with a copy of that as well as specific contracts.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 1:40 p.m.
Yes, Hon Member, do you still have any follow up questions?
Mr Ras Mubarak 1:40 p.m.
Mr Speaker, I have exhausted my share of questions. It is a general Question, so if other Hon Members are interested --
Mr First Deputy Speaker 1:40 p.m.
Hon Member, you are done.
Very well.
There is nobody interested in asking further questions so I could discharge the Hon Minister.
Yes, Hon Ranking Member?
Mr B.F. Alhassan 1:40 p.m.
Mr Speaker, thank you for the opportunity.
Mr Speaker, I am sure that on the Floor of this House, we have made copious cases year after year, when considering the Annual Estimates of the Ministry of Communication, for GBC to be supported.
The bulk of the work they do is committed to public service broadcasting. So more often than not, they are indebted thus unable to get the requisite level of resources to discharge the obligations of their office. That is why we try to find out the complement of --
Mr First Deputy Speaker 1:40 p.m.
Hon Member, if you would want to make a Statement, then you should bring it up; otherwise, you should ask a question.
Mr B. F. Alhassan 1:40 p.m.
Mr Speaker, I just wanted to lay a foundation for my question.
Mr Speaker, I would want to know when the breakdown of the IGF component and the contract agreement would be made available to the Committee, so that we could peruse and make a case for GBC, especially in the realm of public service broadcasting?
Mr First Deputy Speaker 1:40 p.m.
Hon Minister, are you able to give timelines?
Mr Oppong-Nkrumah 1:40 p.m.
Yes, Mr Speaker.
Mr Speaker, with your leave, within a week, we could make that available to the Committee.
Mr First Deputy Speaker 1:40 p.m.
Very well.
Hon Member, you are in leadership now so you should wait.
Yes, Hon George?
Mr Samuel Nartey George 1:40 p.m.
Thank you very much, Mr Speaker.
Mr Speaker, this is a follow-up to the Questions that were asked. Apart from the BBC and the VOA as specified in the Question, are there any other similar arrangements with other international media institutions, local institutions, local concerns or international concerns that have partnership arrangements; be it a cash based agreement or a barter based agreement with the GBC? If there are, I would want to know if the Hon Minister could be in the position to furnish the Committee with all such arrangements.
Mr Oppong-Nkrumah 12:43 p.m.
Mr Speaker, as I mentioned early on, there are two types of arrangements. We have the co-location agreement or
contract, properly so called, and then the general support relationships that GBC has with a number of entities.

This morning, I have responded to the three that were raised in the specific question that were asked, but in addition to these three, there are a number of locals. So for international, I am informed that there are no further except for Radio First International.

Mr Speaker, for the locals, there are a number of local entities that also have agreements and memoranda of understanding with GBC to utilise some of their premises sometimes for onward transmission of their signals in parts of the country. I can commit to bringing GBC to give a general brief to the Committee on how those arrangements are managed.
Mr First Deputy Speaker 12:43 p.m.
Now, the available Hon Leader, you may ask your Question.
Mr Nii Lantey Vanderpuye 12:43 p.m.
Thank you, Mr Speaker for the opportunity to ask certain pertinent questions on the issue of GBC because as you know, GBC has been part of my life; working there for twenty-five years -- [Interruption] -- Commentators are part of GBC but I started as a newscaster.
Mr Vanderpuye 12:43 p.m.
Mr Speaker, I am being distracted by the available Hon Leader.
Mr First Deputy Speaker 12:43 p.m.
Please, address me.
Mr Vanderpuye 12:43 p.m.
Mr Speaker, mission issues about IGF and the rest as far as GBC is concerned is worrying to people like us because just about a week ago, we met with the delegation of former employees of GBC. We are talking about people who worked in GBC for close to about fifty years.
Mr Speaker, these people, up till today, have not been paid their end of service awards. [Interruption] -- So if GBC has the ability to utilise some of their facilities to make money, we should be able to find out how good these agreements are entered into by GBC and endorsed by the state to benefit the institution. Mr Speaker, I know that in some of these instances, the Ministry gets involved in negotiating --
Mr First Deputy Speaker 12:43 p.m.
Hon Nii Lantey Vanderpuye, kindly ask your question.
Mr Vanderpuye 12:43 p.m.
Mr Speaker, I ask the Hon Minister, what assurance is he giving us and when is GBC going to be able to pay the end of service awards to members and employees who have gone on retirement for years? Some of them have retired for ten years and they have not been paid.
Mr First Deputy Speaker 12:43 p.m.
File your own Question.
Yes, Hon Member for Kintampo South?
Ms Felicia Adjei 12:43 p.m.
Thank you, Mr Speaker. I would like to ask the Hon Minister, if GBC is making so much from IGF, why do they always complain about funding?
Mr First Deputy Speaker 12:43 p.m.
Hon Minister, could you tell us why in the face of the IGF, they ask -- ?
Mr Oppong-Nkrumah 12:43 p.m.
Mr Speaker, the GBC is a very huge organisation that runs from the head office here in Accra to currently about ten branches which would need to be even expanded to sixteen. There are hundreds of staff and huge cost
overruns because of ill equipment that they use which consume a lot of electricity and therefore the cost of operation is very high. They have a number of revenue channels including these IGF that I had spoken about this morning, and this IGF as a percentage compared to their total expenditure is still very minimal. So yes, they have some revenue sources but it is very limited if we look at their total expenditure. That is why they often still require Government's subvention in managing them.
Mr Speaker, thankfully, the National Media Commission (NMC) has just announced about a GBC reorganisation exercise that is aimed at looking at all of these managerial and operational matters for the GBC and to recommend to Government, because it is treated as an independent media house, this is the path to take to correct some of these anomalies. We look forward to sharing with the House the details when that Committee's Report is available.
Mr First Deputy Speaker 12:43 p.m.
Leadership? First, Minority Leadership if there is any other -- no? Very well, now, Majority Leader- ship?
Mr Moses Anim 12:43 p.m.
Thank you, Mr Speaker. Now that the Hon Minister has introduced IGF, may I know from him how much was contributed or paid by political parties in 2016 being an electioneering year?
Mr First Deputy Speaker 12:43 p.m.
Available Hon Leader, file your own Question.
I think I can discharge the Hon Minister.
Hon Minister, thank you for attending upon the House to answer the Question. You are discharged.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:43 p.m.
Mr Speaker, if we may go to the item listed as -- Mr Speaker, I said we were going to stand down the Questions except for that of the Minister for Information because the Minister for Finance -- if we look at the Order Paper, the answers have not been supplied yet in respect of the Questions to the Ministries of Finance and Communications.
Indeed, the Ministry of Communication sent a communication to this House for her inability to be here with us. So we would re- programme her at tomorrow's Business Committee meeting, I believe for next week, either Tuesday or Wednesday.
Mr First Deputy Speaker 12:43 p.m.
Yes, it is the Report of the delegation; I only lead, so other members of the delegation may present the Report on our behalf.
Mr Kyei-Mensah-Bonsu 12:43 p.m.
Mr Speaker, I do not know whether you would structure any contribution that we would have in a form of guidance?
Mr First Deputy Speaker 12:43 p.m.
In a form of what?
Mr Kyei-Mensah-Bonsu 12:43 p.m.
Mr Speaker, in a form of guidance -- [Laughter] --
Mr First Deputy Speaker 12:43 p.m.
Hon Members, I think we could take the item listed as 7; it has been on the Order Paper for a while.
MOTIONS 12:43 p.m.
[Interruption]
Mr First Deputy Speaker 12:43 p.m.
Copies were distributed yesterday; I know that for a fact.
Mr Kyei-Mensah-Bonsu 12:43 p.m.
Mr Speaker, from the back benchers -- the Ranking Member on the Committee on Foreign Affairs, is indicating to the mover of the Motion that they do not have copies of the Report.
Mr First Deputy Speaker 12:53 p.m.
This Report was distributed, and it was on the Order Paper last week or so. If anybody does not have a copy, the clerks will make sure they have the copy.
Hon Member, you may continue.
Alhaji Muntaka 12:53 p.m.
Mr Speaker, I would be happy if the Chamber ushers would do well to distribute copies. I took mine from my file, so it means that it was distributed yesterday but maybe, some Hon Members do not have copies yet.
Mr Speaker, in so doing, I present your Committee's Report.
1.0 Introduction
1.1 In accordance with Article 14 (2) of the Protocol to the Treaty establishing the Africa Economic Community Relating to the Pan- African Parliament and pursuant to Rule 28 of the Rules of Procedure of the Pan-African Parliament, the Third Ordinary Session of the Fifth Parliament of the PAP was held from 7th to 17th October, 2019 in Midrand, South Africa, under the theme, “2019 - the Year of Refugees, Returnees and Internally Displaced Persons: Towards Durable Solutions to Forced Displacement in Africa”.
1.2 Ghana was represented by its Members comprising:
i. Hon Joseph Osei-Owusu - First Deputy Speaker/Leader of the Delegation;
ii. Hon Muntaka Mohammed - Mubarak - Minority Chief Whip;
iii. Hon Joseph Yieleh Chireh - Member;
iv. Hon Mavis Nkansah-Boadu - Member;
v. Hon Nana Akua Owusu Afriyie - Member.
1.3 The Delegation was accompanied by the Schedule Officer, Mr Eric Owusu-Mensah, Principal Assistant Clerk.
2.0 Official Opening of the Session
2.1 The Session was officially opened by H.E. Hon Rodger Nkodo Dang, President of the Pan-African Parliament. He welcomed Hon Members to the Session and expressed his profound gratitude to them for their continuous support to the Bureau in the performance of its role. He paid tribute to the former
Mr First Deputy Speaker 12:53 p.m.
Yes, Hon Member for Wa West?
Mr Joseph Yieleh-Chireh (NDC -- Wa West) 12:53 p.m.
Mr Speaker, I beg to second the Motion and in doing so, make few comments.
Mr Speaker, on page 8 of the Report, at the Committee on Health of the Pan-African Parliament (PAP), the Committee on Health, Labour and Social Affairs jointly with the Committee on Gender, Family, Youth and People with Disability, considered the issue of communicable diseases in the context of the universal health coverage.
These topics are treated by experts who briefed the Committee and make us comment on a number of issues. Non-communicable diseases like hypertension, mental disease, oral disease are lifestyle diseases that burden most countries in Africa. Initially, our burden was with the infectious diseases but these lifestyle diseases would impede seriously on the universal health coverage because it would mean that more resources would be needed to support such a scheme.
Mr Speaker, one of the functions of PAP is to model laws and avail them to the rest of Africa to adopt and one of them is on disability. On page 20 of the Report, the PAP Committee on Gender, Family and Youth, People with Disability of PAP, jointly with the Health Committee also looked at this model law on disability. Ghana passed its Disability Act in 2006 but derogatory words were used in the legislation. It requires every country to look at its model law and adopt an appropriate language - - politically correct language.
Again, some recommendations were also made about what we should do in these legislations. It is important that in due course, the Hon Minister for Gender, Children and Social Protection, should bring updated amendments to make the law compliant to the model law that has been adopted.
As was indicated by the Hon Member who moved the Motion, if it goes to the African Union (AU) Council and they adopt it, all of us, as a country, would be informed for us to modify our laws.
Again, on page 20 of the Report, there is the law on policing which is a model law that has been adopted. If we look at how our laws which
govern how policing is done - and in many African countries, the laws are based on the Constitution but people have concerns about whether in appointing the heads of institutions, many things are considered.
In Ghana we look at whether the police, as currently constituted and the head of the Ghana Police Service appointed by the President rather than being elected or confirmed by Parliament. All these issues are to be considered to give neutrality for the enforcement of law. These are the things that have been discussed and adopted in the model law.
Every country would be required to look at its legal regime but make sure that as much as possible they adopt the model law that would make sure that police officers have the freedom to be fair to everybody in terms of policing and enforcing the law.
Mr Speaker, what we do in the Pan-African Parliament is to make sure that we look at the best practices in the world and also adopt methods and policies that would enhance the forward movement of Africa in the modern world.
Mr Speaker, on this note, I thank you for the opportunity.
Mr First Deputy Speaker 12:53 p.m.
Yes, Hon Member for North Tongu?
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 12:53 p.m.
Mr Speaker, I thank you for the opportunity to contribute to the Motion.
Mr Speaker, it is the second Report that we are considering from your delegation in recent times. I recall that not too long ago, we did consider an earlier Report and it is important to highlight that the very timely presentation of this Report is one that is commendable and that other delegations, particularly, the delegation to the ECOWAS Parliament should take a cue from that. I do not recall the last time we considered a Report from our delegation to the ECOWAS Parliament. I hope that they will be learning some very good lessons from the exemplary leadership that the Hon First Deputy Speaker is exhibiting with our delegation to the Pan-African Parliament.
Mr Speaker, having said that, I also take note from page 1 of the Report; that the theme of the Midrand, South Africa Meeting was: “2019: the Year of Refugees, Returnees and Internally Displaced Persons: Towards Durable Solutions to Force Displacement in Africa”.
This affords me an opportunity to remind the House once again and this reminder should more appropriately go to the Hon Minister responsible, that Ghana is yet to ratify the protocol on displaced persons. I recalled that a couple of months ago, I raised this matter and it was really crucial that particularly, the Hon Ministers responsible for Foreign Affairs and Regional Integration and that of the Interior took steps to ratify the ECOWAS protocol on displaced persons.
It keeps coming up at several fora and considering that the Pan-African Parliament is taking particular interest in the matter of internally-displaced persons, refugees and returnees. We need to align our legal regime with international protocols and I hope that we will carry out the necessary steps to have the ECOWAS Protocol on displaced persons ratified.
Mr Speaker, I also want to come to page 4 of the Report which focuses on the Africa Continental Free Trade Area (AfCFTA), that is from pages 3 to 7, there is a considerable effort put in this Report to apprise us of the discussions on the AfCFTA which many economists and financial experts described as a game-changer for Africa.
It is gratifying to note that Ghana was successful in the bid to host the Secretariat and as the Report has indicated, it is expected that trading will begin on the 1st of July this year; that is the target that has been set as captured on page 6 of paragraph 7.3 of the Report.
Mr Speaker, I get quite concerned about preparations towards the take- off. We all know that intra-Africa trade remains the lowest amongst the continent and according to United Nations Conference on Trade and Development (UNCTAD), it is just about 16 per cent compared to intra- European trade, which is in excess of 15 per cent and that of intra-Asian trade which is above 45 per cent and so on.
So clearly, there is the need for African nations to trade among themselves as we know that such will lead to value addition, boost the manufacturing sector and lead to massive job creation. It is also linked to the scourge of illegal migration, the crisis of displaced persons and refugees. If we create opportunities here on the continent, we will not see young people risking their lives trying to cross the Mediterranean thus
paying racketeers and human traffickers large sums of money that they could have stayed behind to invest with.
Mr Speaker, however, the concern is that we do not see much effort from African leaders meeting to discuss how this AfCFTA will take off. We see that African leaders in recent times are quick to attend special trade summits in London, Russia, Turkey, Japan, India or China but we are yet to have a special meeting to discuss intra-African trade focused on the take-off of the AfCFTA. We must not assume that just by ratifying this deal, and securing the Secretariat, things will necessarily fall in place. There ought to be a conscious effort.
I note from the Report that 7th July every year has been designated as the Africa Integration Day to comme- morate the AfCFTA. Yes, we can celebrate but I would wish that we rather celebrate the actual implementation which will see to opportunities being created for young people on the continent.
Mr Speaker, the final matter I would want to touch on from the Report before I take my seat is on the scourge of conflicts as captured on page 17. It is sad to note that countries in Africa such as Somalia, South Sudan, Sudan, Libya, Guinea
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 1:13 p.m.
Bissau, the Central African Republic, the Democratic Republic of Congo, Mali and the Sahel Region continue to be riddled with conflicts.
Some of these conflicts are more than three decades old and one wonders why our compatriots in those parts of the continent will just not give peace a chance and end the hostilities.
I note that the Report has tried to enumerate other threats to security on the continent namely: terrorism and radicalism, political transitions; popular uprisings; transnationally organised crimes; people offering services as mercenaries in conflicts; proliferation of explosive weapons and materials and other external interferences.
Mr Speaker, I am sure that here, we can all recall the very needless North American Treaty Organisation (NATO) intervention in Libya which has made that country a failed state and has become a major exporter of terrorism which is affecting all of us on the continent and other parts of the world.
We need to take double steps in rededicating our efforts to securing the peace on the continent. Many of the analysts are saying that Africa is the next continent of progress and development. We have the youngest
continent and population and these are opportunities but if these conflicts, trouble spots and tensions continue, then you can imagine what the proliferation of small arms which when gotten into the hands of young idle youth without opportunities can do. This will just aggravate and exacerbate the situation.
So I am really impressed that the thought processes are at the right place, the issues that are germane to the African are being addressed at the Pan-African Parliament as this is not just a mere gathering to socialise but real concrete issues that affect the people of the African continent are being discussed.
Mr Speaker, really the point is, where do we go from here? How do we ensure that beyond the discussions and resolutions, we are able to translate them on the ground so that we can forge a new paradigm that will end all of these conflicts, lack of opportunities, high rates of refugees and so on.
I commend the Pan-African Parliament, particularly the Third Ordinary Session of the Fifth Parliament which was held from the 7th to the 17th of October, 2019 and for the very germane matters which have been discussed, I hope that when this Report is forwarded to the Heads of States of the AU, they
would pay particular attention and take serious remedial action to address all of these important matters.

Let us continue to believe in our continent. It is a continent of opportunities. More than 70 per cent of the world's resources are here. We have the human resource and all we need is the right political will, the right heart, the right attitude and great leadership to move this continent to the next level. I believe that can be achieved in our life time.

Mr Speaker, I thank you for the exemplary conduct and the Report which has been ably put together.
Mr First Deputy Speaker 1:13 p.m.
Yes, Hon Member for Adaklu?
Mr Kwame Governs Agbodza (NDC -- Adaklu) 1:13 p.m.
Mr Speaker, I thank you for the opportunity to contribute to the Report.
Mr Speaker, I commend you and our Hon Colleagues who were part of this to present this precise Report. I would limit my comments to only two issues.
The summary of the resolutions taken at the session included the
adoption of the model law on disability in Africa and something on energy.
Mr Speaker, on page 20 of the Report, paragraph 16.1, with your permission, I beg to quote:
“Making the presentation, the Chairperson of the Committee recognised the efforts made by the AU regarding the promotion of rights of Persons with Disabilities and alluded to the AU Protocol on the Rights of Persons with Disabilities, 2018. She observed that while the Protocol required 15 ratifica- tions to come into force, only five countries had signed the Protocol and no country had ratified it.”
Mr Speaker, this is a very serious statement. Like I have always said, disability is not about somebody who suddenly loses a limb in an accident. If by the Grace of God, we all grow old enough, we may become disabled persons in one way or the other. When we are 70 years or 80 years old, we may not be so fit to climb staircases to the eighth floor and that is a form of disability. Our eye sight and hearing may be impaired in a way.
Mr Speaker, I have seen that you have taken off your spectacles, but you are not impaired in your vision.

When we all grow old, we may become disabled in one way or the other. So the issue of paying attention to issues of disability should be taken seriously.

I have always asked myself, if we had a Speaker who is disabled, how would he be where you are seated? This Chamber is not fit for that purpose; it is not disability friendly. The disability law that we passed in this country was almost outmoded before we passed it and nobody in this country pays attention to what is in that law or its implementation; not even Government institutions implement that law to the letter.

So to the level that the AU has said that no country has ratified what they call a model law on disability, Mr Speaker, that is not good enough and member countries should work hard to deal with that. Maybe, in our country, we should quickly review our Disability Act to make it fit for the purpose. What we have currently is not in the right direction.

Mr Speaker, there is something missing in the Report and that is when we would find a way to come to a conclusion on this. The Report talked about model law, maybe, the Members who attended got hint of what the guidance is. I am happy some of the provisions acknowledge

the fact that some countries already have some disability laws, so they are allowed to modify them to fit into what the model is. I think that when that opportunity comes, our Hon Colleagues would --

Mr Speaker, another important thing in the Report on paragraph 19 focuses on energy. In Ghana, we are doing very well in terms of access to electricity. We are better than many of our compatriots on the continent in terms of the number of people who have access to electricity. The cost may be a different matter, but that does not mean that all of our people have electricity.

Mr Speaker, I also worry a bit about the focus on generating more electricity. Why do we always think that to address energy shortfalls, all we need to do is to generate more electricity? We should look at other alternatives; do we really need that energy? When we are in the home in the afternoon, do we need to put on our light to see? Could our buildings be made in a way that from 6 o'clock in the morning till 5 o'clock in the evening, for the purpose of vision alone, that house could be designed in such a way that there would not be the need for light to see. Mr Speaker, if we do that, I am sure we can save a lot of energy.
Mr First Deputy Speaker 1:13 p.m.
Hon Member, should we not ask you and your group that question? When we were growing up, every house -- we used to call them compound houses -- had free access; we never needed air conditioners and we did not need light until night. Today, you have designed houses where we cannot even enter our rooms without switching on the light. Should we not ask you our architects?
Mr Agbodza 1:13 p.m.
Mr Speaker, it would cascade from a government policy. I agree with you. I think the professionals in this country; architects and engineers should be challenged to do better than we are doing now.
The temptation that everything that is seen on the streets of Paris or London is good in this country is the problem. Everybody believes when they live in glass houses, it shows how civilised they are. When they spend 40 per cent of their incomes on electricity to cool the corridor which is not used in the House, that in reality does not express civilisation. The professionals should be challenged to respond to the needs of the people instead of dabbing things from elsewhere because they look good.
Mr Speaker, I am sure that if we could do the reverse -- even in the hospitals, apart from the pharmacy
and the theatres and other places, there is no need for air conditioners there. I am sure that reducing our demand on energy could be an alternative of addressing our energy shortfalls in our country.
Mr Speaker, on paragraph 19.5 of the Report, it is stated and with our permission, I beg to quote:
“The Committee agreed that in order to make renewable energy available and accessible to all, there was the need to abolish import duty on renewable energy equipment and to treat universal access to power as an economic human right.”
I think this is a positive statement. But in this country, even much of solar components for people who would want to harness it as a form of energy still have to pay taxes. So I cannot wait for the Member States to opt for this, so that we could enhance some of these things as well.
Mr Speaker, we could even do better. Somebody's rooftop can harness more energy than he needs. Should we not have a policy where that person could harness that energy and pass it on to the person who has no ability to do that? Sunlight is free and I am sure when we are able to do those things, the issue of power
Mr Agbodza 1:23 a.m.
shortage or reliance on fossil-fuelled energy, which is not sustainable because it is not replaced when they are taken out, I think the future of Africa's energy resources is not which oil wells could be discovered within the next 10 years, but how we could turn around solar energy and ensure that better designs and use of local material can enhance the environment, that would be the way forward for sustainable source in our country.

Mr Speaker, I commend the Hon Colleagues who attended the session, and hope that this Report which has very exciting things in it, whenever it becomes a draft we must all discuss and localise it to the Ghanaian standard, so that we would all play roles to make these laws workable for our country.

Mr Speaker, thank you very much for the opportunity.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 1:23 a.m.
Mr Speaker, I thank you for the opportunity to also make a few comments on the Report to this House by the delegation to the Pan-African Parliament.
Mr Speaker, the Pan-African Parliament, so many years after its creation, remains only advisory. I believe that the time has come for us to give ourselves a definite time when this transitional arrangement should end, so that Parliament migrates to some other levels.
Mr Speaker, as far as I am concerned, in this capacity, the Pan- African Parliament is only a talking shop. It does not really add any value to the governance of African countries, and indeed, the continental body.
Mr Speaker, we need to be serious with ourselves. This arrangement, which in itself ensued from the arrangement of the Economic Community of West African States (ECOWAS) Parliament, was supposed to be a transitional arrangement. Yet so many years after its creation, we are still marking time. I believe that the protocol which established the Pan-African Parliament would have to be re- visited for the appropriate thing to be done.
Mr Speaker, I know that today, the ECOWAS Parliament has the authority of Heads of State in the sub- region to have a second look at the protocol which established the ECOWAS Parliament. Today, they
are giving themselves some defined time to migrate from their current status to a Parliament that would be vested with some legislative powers.
Mr Speaker, in doing so however, there are critical matters that we may have to confront. We may have to confront the issue of the insistence of some countries on the fact that representation should be based on population size. I am not too sure whether at the level of the United Nations (UN), representation is done according to population size. Otherwise, one-third of the representation at the UN would be for China and India. The rest of us would then share one-third.
Certainly, we must look at that because this agitation that comes from the very populous countries, to me, is not sound enough. They also indicate to us that if the Pan-African Parliament is a Parliament, then every Parliament is regulated by the size of constituencies, and constituencies are based on populations. So certainly, those countries with greater populations should have more representation. What happens at the European Parliaments? We should learn useful lessons from this. This is because we are not re-inventing the wheel.
Mr Speaker, even at the Inter- Parliamentary Union, what distinguishes the representation is by the voting rights accorded to the Parliaments of various countries.
Of course, the Chinese Parliament, if my memory serves me right, has about 21 voting rights, whereas Ghana for instance has eight. So we may provide such distinctions and provide a band of population size, so that if a nation is between one to 10 million, then they would have a voting right designated.
Mr Speaker, between 10 million and 20 million, there is also a certain classification. Also, between 20 and 30 million up to fifty million -- and between 50 and 100, we have such categorisations. So we could apply same to the Pan-African Parliament, not necessarily on this strict ranking according to population size.
Mr Speaker, having said so, I believe that the Pan-African Parliament's protocol, even as we speak now, has not been ratified by many countries, and that is laughable. What is the status of the Pan-African Parliament, if some countries, even as we speak now, have not ratified the protocol that relates to the Pan- African Parliament? We therefore need to be serious with ourselves.
Mr First Deputy Speaker 1:33 a.m.
Very well, Hon Members.
Question put and Motion agreed to.
Mr First Deputy Speaker 1:33 a.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:33 a.m.
Mr Speaker, we could move to the item listed 16.
Mr First Deputy Speaker 1:33 a.m.
Corporate Insolvency Bill, 2019 at the Consideration Stage.
BILLS -- CONSIDERATION 1:33 a.m.
STAGE 1:33 a.m.
Mr First Deputy Speaker 1:33 a.m.
Clause 1?
Clause 1 -- Purpose of sections 2 to 78
Mr First Deputy Speaker 1:33 a.m.
Item listed as (i), Hon Chairman of the Committee, who is shepherding the amendment?
Mr Kyei-Mensah-Bonsu 1:33 a.m.
Mr Speaker, the Hon Member for Asante Akim Central would lead the effort.
Mr First Deputy Speaker 1:33 a.m.
Very well.
Mr Kwame Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, delete and insert the following:
“1. (1) The purpose of this Act is to provide a legal regime for
(a) the administration of the business, property and affairs of a distressed company in a manner that provides an opportunity for the company to as much as possible, continue in existence as a going concern;
(b) the temporary manage- ment of the affairs, business and property of the distressed company;
(c) the placing of a temporary freeze on the rights of creditors and other claimants against the company;
(d) the development and implementation of a re- structuring plan which results in a better return for the creditors and share- holders of the company
that would result from the immediate winding up of the company;
(e) the official liquidation of a body corporate;
(f) cross-border insolvency;
(g)the regulation of insol- vency services; and
(h) netting agreements.
(2) A company shall be placed in administration or res- tructuring if
(a) the company is unable to pay the debts or current obligations of the com- pany as they fall due even if the total assets of the company exceed the total liabilities of the company; or
(b) the company has a nega- tive net worth.
(3) Subsection (1) does not apply to companies carrying on the business of banking, insurance or any other business which is subject to special legislation, except where the special regulation does not provide for a rescue provision.”
Mr Bernard Ahiafor 1:33 a.m.
Mr Speaker, I support the amendment. Normally, we start this with the object so the original rendition says:
“The purpose of section 2 to 28”
We felt that that is not in order, we need to start with the object of the Bill, and therefore the amendment is proper.
Question put and amendment agreed to.
Clause 1 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 1:33 a.m.
Clause 2?
Clause 2 -- Period of administration
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (3), paragraph (c), lines 2 and 3, delete “refused or otherwise disposed of” and insert “dealt with”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (4), line 2, delete “cease to carry on” and insert “suspend”.
Question put and amendment agreed to.
Clause 2 as amended, ordered to stand part of the Bill.
Mr First Deputy Speaker 1:33 a.m.
Clause 3?
Clause 3 -- Appointment of an administrator
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (1), line 1, delete “Subject to subsection (2), an” and insert “An”.
Mr First Deputy Speaker 1:33 a.m.
Sorry, I do not get it. Clause 3?
Mr Anyimadu-Antwi 1:33 a.m.
Subclause (1), line 1, delete “Subject to subsection (2), an” and insert “An”.
Mr First Deputy Speaker 1:33 a.m.
Then, you would have an “An”.
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, we are deleting the first “an” which starts with a small letter. And because it is now starting a sentence, we would now use a capital “A” so, the new rendition would be:
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (2), line 1, delete “A person” and insert “An individual” and in line 2, delete “person” and insert “individual”.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:33 a.m.
Item listed as (vi)?
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (3), opening phrase, delete “A person” and insert “An individual”.
Mr Speaker, this is consequential.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (3),
paragraph (a), line 1, delete “person” and insert “individual”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (3), paragraph (b), delete “person” and insert “individual”.
Question put and amendment agreed to.
Mr Anyimadu-Antwi 1:33 a.m.
Mr Speaker, I beg to move, subclause (5), paragraph (a), delete.
Mr First Deputy Speaker 1:33 a.m.
Yes, Hon Chairman?
Mr Anyimadu-Antwi 1:43 p.m.
Mr Speaker, I already proposed that paragraph (a) of subclause (5) be deleted as advertised.
Mr First Deputy Speaker 1:43 p.m.
“Where a company is already in administration, administrator may be appointed only''.
Why do you want us to delete the “an''?
Mr Banda 1:43 p.m.
Mr Speaker, if we delete the “an'', it would make sense. So, I accordingly abandon same. If we delete the “an'', the opening language would read:
“W here a company i s already in administration, administrator''…
Mr First Deputy Speaker 1:43 p.m.
You want to abandon the amendment proposed in the item numbered (ix), right?
Mr Banda 1:43 p.m.
Mr Speaker, I would abandon the proposed amendment but to suggest that “an'' should be substituted with a definite article “the''.
The new rendition would be:
“Where a company is already in administration, the administrator may be appointed only by…''
Mr First Deputy Speaker 1:43 p.m.
We have not appointed the administrator yet, so why should a definite article be used? It should be the same thing -- “an administrator''.
“Where a company is already in administration, an administrator may be appointed only by…''.
How would it be an administration and we would now appoint an administrator? May I suggest that we defer consideration on that proposed amendment?
Mr Anyimadu-Antwi 1:43 p.m.
Mr Speaker, I thought that we have already catered for “administrator'' under subclauses (4), (3) and (2). So if it would refer to “the administrator'', it is alright.
Mr Kyei-Mensah-Bonsu 1:43 p.m.
Mr Speaker, this is a minor amendment which could be done by the draftspersons. It looks like the justification is lost on him.
Mr First Deputy Speaker 1:43 p.m.
Very well. I direct that the draftspersons choose the appropriate language to express the intention contained in clause 3 subclause (5).
The item numbered (ix) on the Order Paper?
Mr Banda 1:43 p.m.
Mr Speaker, I beg to move, clause 3, subclause (5)ts, paragraph (a), delete.
Question put and amendment agreed to
Mr First Deputy Speaker 1:43 p.m.
The item numbered (x) on the Order Paper?
Mr Banda 1:43 p.m.
Mr Speaker, I beg to move, clause 3 subclause (6), line 2, delete “have resolved'' and insert “resolve''.
Mr Speaker, we want it to be in the present tense, hence the deletion.
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Clause 4 -- Appointment of two or more administrators
Mr First Deputy Speaker 1:43 p.m.
Item numbered (xi) on the Order Paper?
Mr Banda 1:43 p.m.
Mr Speaker, I beg to move, headnote, delete “two or more'' and insert “one or three''.
The reason is that the maximum number of administrators that could be appointed is three. We do not want an even number but an odd number, so that explains that amendment.
Question put and amendment agreed to.
Mr Banda 1:43 p.m.
Mr Speaker, I beg to move, clause 4, subclause (1), line 1, delete “Two or more'' an insert “One or three''.
Mr First Deputy Speaker 1:43 p.m.
The amendment has already been effected, so I direct the draftspersons that they should apply it appropriately to the heading.
In that case, we could move to the item numbered (xiv) on the Order Paper, which has more than just the amendment proposed.
Mr Banda 1:43 p.m.
Mr Speaker, I beg to move, clause 4, subclause (2), paragraph (a), lines 2 and 3, delete “any one of them, or by any two or more of them together” and insert “a majority of the administrators”.
The new rendition would read:
“the functions of the admini- strators may be performed and exercised by a majority of the administrators unless the order, instrument or resolution…''.
Question put and amendment agreed to
Mr First Deputy Speaker 1:43 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:43 p.m.
Mr Speaker, I got a bit distracted. We deleted the headnote and inserted “one or three'' but originally, it was “two or more''. If we say “one or three'', what does it mean? Would it include the number two? -- [Interruption] -- No, “two'', is not included. I want us to be very clear. So it means that we want “one'' and “three'', which are odd numbers but not “two'', is that the case?
Mr First Deputy Speaker 1:53 p.m.
That is the meaning of the --
Mr Ahiafor 1:53 p.m.
Mr Speaker, that is exactly the case because we do not want the situation where we would have two administrators and when it comes to decisions, there will be a split. In that case, what happens? So the number of administrators should either be one or three but not two.
Mr Kyei-Mensah-Bonsu 1:53 p.m.
Mr Speaker, I just wanted that to be well established so that people would know the reason for that construct.
The second thing is that we began in clause 3, by saying that we would not want to have a person which could include a natural or unnatural person and so, we decided to delete “person”
and inserted ‘an individual' to be the administrator. If that is the understanding, it should follow through because when you come to clause 4, we cannot go back and recline to “persons”.
So it should be one or three of individuals and consequentially, it should follow.
Mr Banda 1:53 p.m.
Mr Speaker, on the issue of whether they should be two or three, it is settled. On the second issue raised by the Hon Majority Leader, I think he is right because an incorporate person cannot be an administrator and that explains why we decided to rather use ‘an individual'.
Mr Speaker, so wherever there is the mention of “a person”, same be deleted and substituted for ‘an individual'.
Mr First Deputy Speaker 1:53 p.m.
That is in clause 4. Is that right? All right. So I direct the draftspersons to substitute “persons” with ‘individuals' as appropriate in clause 4.
Question put and amendment agreed to
Clause 4 as amended ordered to stand part of the Bill.

Clause 5 -- Remuneration of administrator
Mr Banda 1:53 p.m.
Mr Speaker, I beg to move clause 5, subclause (2), delete and insert the following:
“Where there is a disagreement as to the remuneration of an administrator, the Court may, on the application of an administrator, an officer of the company, a creditor, or a shareholder, review or fix the remuneration of the administrator at a level that is reasonable in the circumstances”.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:53 p.m.
Hon Majority Leader, should I direct that we Sit outside the regular hours? It is almost 2 o'clock.
Very well.
Having regards to the state of the Business of the House, I direct that the House Sits outside the regular Sitting hours.
Mr Banda 1:53 p.m.
Mr Speaker, I beg to move, clause 5, subclause (3), delete and insert the following:
“A creditor, an officer of the company or shareholder may make the application referred to in subsection (2)”.
Mr Speaker, the reason is that under the current rendition, any of the persons who would want to apply to court to have the disagreement with respect to the remuneration of the administrator reviewed, must seek leave and we did not want that situation to occur. That explains why we are deleting this and replacing it with what we are proposing.
Question put and amendment agreed to.
Clause 5 as amended ordered to stand part of the Bill.
Clause 6 -- Vacancy in the office of the administrator
Mr Kyei-Mensah-Bonsu 1:53 p.m.
Mr Speaker, I just want to hear from the Chair. In clause 5 item numbered (xv): “Where there is a disagreement as to the remuneration of an administrator, the Court may, on the application of an administrator, an officer of the company, a creditor, or a shareholder, review or fix the remuneration of the
administrator at a level that is reasonable in the circumstances”.
Now, clause 5(3) says:
“a creditor, an officer of the company or shareholder may make the application referred to in subsection (2).”
Mr Speaker, in that case, we have left out the administrator. Can the administrator not make the application?
Mr First Deputy Speaker 1:53 p.m.
If a creditor or a shareholder is making an application, he or she is probably looking at one of the acts that we may ask the court to do that is review or fix. For example, if there are no fixed fees and an administrator voluntarily or unilaterally decides what one takes, a creditor may say, please fix it for us in court. Or he has taken too much, the creditor will ask the court to review it.
In that case it is not the administrator, it is the person other than the administrator asking for a review or for it to be fixed.
Mr Kyei-Mensah-Bonsu 1:53 p.m.
Mr Speaker, in clause 5, item numbered (xv), the administrator himself can call for the review but when we come to
the clause 5 item numbered (xvi), the administrator is left out. That is the issue I am raising.
Mr Ahiafor 1:53 p.m.
Mr Speaker, if you consider the category of people who can make the application by the new rendition proposed in clause 5 item numbered (xv) the administrator is part of the people but when we come further to clause 5, the item numbered (xvi), the administrator is omitted as one of the people who can make the application.
So I agree with the Hon Majority Leader that in clause 5, item numbered (xvi), we should also introduce an administrator.
Mr First Deputy Speaker 1:53 p.m.
If it were given to the same set of people, then what is the point? This is because; where there is a disagreement as to “the remuneration of ….,” the Court may, on the application of these three people, and then we come to the second part and we say that these same three people may apply. What are we seeking to achieve?
I think there must be a second reason; a circumstance which requires one or more to apply.
Mr Kyei-Mensah-Bonsu 1:53 p.m.
Mr Speaker, in the original, it provides that: “creditor or shareholder may
Mr Banda 2:03 p.m.
Mr Speaker, first of all, we did not want the leave because what it would then mean is that if any of these wanted to apply to the court for review, the person must seek the leave of the court before doing same.
I believe the consensus was that it would be a kind of stumbling block in the way of a person to apply for review.
Mr Speaker, upon a second reading of the proposed amendment in item numbered (xv) vis-à-vis item numbered (xvi), it appears that item numbered (xvi) has become redundant because what item numbered (xvi)
seeks to do is what item numbered (xv) is doing. So the two are the same.
Mr First Deputy Speaker 2:03 p.m.
The part on leave is what you wanted to get rid of. In that case, you do not need the amendment contained in --
Mr Banda 2:03 p.m.
Mr Speaker, rather, it should be, subclause (3), delete.
Question put and amendment agreed to.
Clause 5 as amended ordered to stand part of the Bill.
Clause 6 ordered to stand part of the Bill.
Clause 7 -- Resignation and removal of Administrator.
Mr Banda 2:03 p.m.
Mr Speaker, I beg to move, clause 7 subclause (1), line 2, delete “and” and insert “or”.
Mr Ahiafor 2:03 p.m.
Mr Speaker, except upon a second look, I feel the draftpersons want the two things to happen. An administrator may sign by giving written notice to the company which is in administration and to the appointer of the administrator. If he said “or”, then it would read “disjunctively” then the notice to the company and that to the appointer would suffice. So we should not
delete the conjunctive word “and”. I would urge the Hon Chairman to abandon that amendment.
Mr First Deputy Speaker 2:03 p.m.
Yes, Hon Chairman what do you say? Unless you intend that notice to one person is sufficient then rather “and” is appropriate.
Mr Banda 2:03 p.m.
Mr Speaker, I do not have any problem with notice to both of them or to either of them. Whatever be the case, it is a notice to.
Mr Chireh 2:03 p.m.
Mr Speaker, if the practice is that we want the notice to be given to both the company and the administrator, it must be done together, but if we change it to “or”, it would then mean that either of them would satisfy the condition. From the way the Hon Chairman spoke, it means that the two must be satisfied together to constitute an action, so we should leave the “and” instead of “or” unless the intention is otherwise.
Mr First Deputy Speaker 2:03 p.m.
So do you abandon item numbered (xvii)?
Mr Banda 2:03 p.m.
Mr Speaker, I abandon that except to do a minor amendment with respect to the current rendition by proposing the
deletion of the second preposition “to” because we have one in line and the second one is superfluous.
Mr First Deputy Speaker 2:03 p.m.
Hon Member, no I do not think so.
“…notice to the company and to the appointer…”
Mr Banda 2:03 p.m.
Mr Speaker, no. What I mean is that in the second line of clause 7, subclause (1), there is “to” and then in the first line, there is “to” immediately after “notice”.
Mr First Deputy Speaker 2:03 p.m.
Hon Chairman, let us read the whole sentence.
“An administrator may resign by giving written notice to the company and to the appointer…”
Hon Member, did you say one should go? -- I think they should all stay.
Mr Banda 2:03 p.m.
Mr Speaker, I beg to move, clause 7, subclause (3), paragraph (a), line 1, delete “resolution” and insert “meeting”.
Mr First Deputy Speaker 2:03 p.m.
Hon Chairman, read the new rendition.
Mr Banda 2:03 p.m.
Mr Speaker, with your permission, I beg to read:
“The creditors shall not remove an administrator by a resolution passed at a meeting of creditors unless --
(a) a notice of the meeting to remove the administrator has been given to the company; and admini- strator not less than fourteen days…”
Mr Speaker, the reason for the deletion of the “resolution” and substituting same with “meeting” is that, the creditors would have to convene a meeting, and before that, they have to give “a notice of meeting” to the creditors to enable them pass the resolution. It is not the “notice of the resolution” which is given to them, but that of the meeting in which the resolution would have to be passed.
Mr Speaker, that is why we thought that “resolution” is not the appropriate word in that provision, but rather “meeting”.
Mr Chireh 2:03 p.m.
Mr Speaker, I do not agree with the arrangement because
if you look at the opening of subclause 3, with your permission, I beg to read:
“The creditors shall not remove an administrator by a resolution passed at a meeting of creditors unless
(a) a notice of the meeting to remove the administrator has been given…”
It cannot be “the meeting” again, because “the meeting” has been referred to in the opening of the subclause. Therefore it should be “resolution” but not “the notice of a meeting” again.
Mr Ahiafor 2:13 p.m.
Mr Speaker, the Hon Chairman's amendment is correct. If you look at it in totality --
“The creditors shall not remove an administrator by a resolution passed at a meeting of creditors unless
(a) a notice of the meeting to remove the administrator has been given to the company and admini- strator not less than fourteen days before the meeting.”
It is not before the “resolution”. So the Hon Chairman's amendment to replace “resolution” with “meeting”, is correct. We are talking about the notice of the meeting.
Mr First Deputy Speaker 2:13 p.m.
Yes, Hon Ranking Member?
Alhaji I.A.B. Fuseini 2:13 p.m.
Mr Speaker, the essence of it is what we normally call the rules of natural justice. One cannot remove somebody if he does not have any notice of a meeting to remove him. So notice of the meeting would have to be given to the person, not the resolution, so that he could come if he wants to. The resolution would have been done; so the person would have no opportunity to --
Mr Kyei-Mensah-Bonsu 2:13 p.m.
Mr Speaker, I agree with the Hon Chairman, certainly not for the reasons that the Hon Inusah Fuseini has given, but rather for the reasons that the Hon Chairman himself has given, supported by the Hon Ahiafor.
Mr Speaker, if we take it from clause 7 (1)(c), it says 2:13 p.m.
“An administrator may resign by giving written notice to the company and to the appointer of the administrator.”
Clause (7) (2) also says:
“An administrator may be removed;
(c) by a resolution of creditors at a meeting convened to consider whether to remove a replacement administrator.”
Mr Speaker, so the meeting is purposely called to remove the administrator.
If we come to clause (7) (3), it says:
“The creditors shall not remove an administrator by a resolution passed at a meeting of creditors unless;
(a)a notice of the resolution to remove the administrator has been given to the
(i) Company, and
(ii) Administrator not less than fourteen days before the meeting at which the resolution is to be moved.”
Mr Speaker, if the resolution has not been moved, then in the first place, how would one be able to give notice of a resolution that has not been moved? One cannot give notice of a resolution that has not been moved.
Mr First Deputy Speaker 2:13 p.m.
I have not spoken yet, but I would offer guidance. [Laughter] --
Mr Kyei-Mensah-Bonsu 2:13 p.m.
I am reminding the Hon Speaker of our Standing Orders. I am not instructing him.
Mr Speaker, I think that in fact, even the preambular of subclause (3) is too convoluted. We could have just said -- clause 7 (2b) says: “By a resolution of creditors passed at the first meeting of the creditors…”
In subclause (3), it says that the creditors shall not remove an administrator at the meeting of creditors unless notice of the meeting to remove the administrator has been given to the company and the others.
It means that we do not even need it to be by a resolution again.
Mr First Deputy Speaker 2:13 p.m.
Hon Members, let us look at it this way. If we read from clause 7(2), it states the circumstances or the instances of removing an administrator would be done first by court, the second is by a resolution of creditors passed at the first meeting of creditors or by a resolution of creditors at a meeting convened to consider whether to remove a replacement administrator.
So the subclause (3) is saying that one cannot do subclause (2)(a) and (b) without giving notice. So the creditors shall not remove an administrator by a resolution passed at the meeting as at subclause (2) (a) or (b), unless a, b, c, d, and e have passed.
So the first line in subclause (3) is only describing what power has been given here, if they are going to exercise it. If we therefore change it from “resolution”, then we are changing what power has been given to them to exercise in subclause (2) (a) or (b). It says that the creditors shall not remove an administrator by a resolution passed at a meeting of creditors, which is at either paragraph (b) or (c), unless one has done a, b, c, or d. So that amendment to change by a resolution to a meeting is
inappropriate. It changes the sequence and the meaning.
Mr Chireh 2:13 p.m.
Mr Speaker, anytime we make laws, the issue about logic - with what the Hon Member is saying about giving the person the opportunity, I wonder how one would call a meeting of creditors and pass a resolution to remove the administrator without notice to the administrator.
We are now talking about a decision because it is presumed that, at the meeting in the opening paragraph, the person affected must be given hearing. So the resolution passed at that meeting is the one that the administrator should be given notice of. [Interruption] --
Mr Speaker, what the Hon Member is saying no to, unless - was the company laws and experts with him when he read -- the point I am making is that why should a notice of the meeting be given when the meeting has already taken place?
Mr First Deputy Speaker 2:13 p.m.
It is talking about clause 7 (2)(b) which says “…by a resolution of creditors passed at the meeting of creditors.” In subclause (3), it says one would not do that unless he has given notice to the administrator and so on. So we cannot change that.
Mr Kpodo 2:13 p.m.
Mr Speaker, what do we seek to cure? I think that the whole provision here is to enable the administrator know that a meeting is being held to sack him. That is what we seek to provide for here. So if the meeting has already been held and a resolution has been passed to sack him, then what would he go there to do after that resolution?
I think that the whole thing is a little murky. We could therefore re- construct the whole clause such that before a decision is taken at that meeting, the administrator is made to appear before the meeting. He has got notice --
Mr First Deputy Speaker 2:13 p.m.
That is given under subclause (3) (a), (b), (c).
Mr Kpodo 2:13 p.m.
So the first one is not too clear as to whether it is the resolution that is being prevented or whether it is the meeting that is being blocked.
Dr A. A. Osei 2:13 p.m.
Mr Speaker, I am getting confused by our lawyers. My understanding is that first, no decision can be taken unless there is a meeting. At that meeting, a decision is the resolution. So if there is no meeting, then how can a resolution be taken? [Interruption] --
Mr First Deputy Speaker 2:13 p.m.
Hon Members, let me come here before I come to you.
Yes, Hon Ahiafor?
Mr Ahiafor 2:13 p.m.
Mr Speaker, if we look at it from clause 7(2), apart from the application, subclause (b):
“By a resolution of creditors passed at first meeting of creditors”.
So there is going to be a meeting but if we look at subclause (c):
“By a resolution of creditors at a meeting convened to consider whether to remove or replace the administrator”.
So whichever way we look at it, there is going to be a meeting so we would have to give notice of that meeting to the administrator, that this is the decision we are going to take in order not to breach the rules of natural justice. Either than that, if it is a resolution, basically, he would be unaware of the meeting and there would be a resolution and they would just give him notice of the resolution.
Mr Kobina Tahir Hammond 2:13 p.m.
Mr Speaker, I think we defer to you
and we would like the rendition by you again. [Interruption] -- Mr Speaker is trying to explain what he thinks it is -- [Interruption] -- Mr Speaker, is a lawyer so he could guide us along this line.
Mr Speaker, the more I hear my Hon Colleagues, the more for once, I wonder if -- so that is why I would like to understand what -- ?
Mr First Deputy Speaker 2:13 p.m.
Let me try and explain what I think. We are looking at the entire clause 7; resignation and removal of administrator:
“An administrator may be removed;
(a) by Court…
(b) by resolution of creditors passed at the first meeting of the creditors;
(c) by resolution of creditors”.
Either of them by a resolution of the creditors but when we come to subclause (3), it says we cannot do the things contained in subclauses (b) and (c). We cannot remove an administrator by resolution of creditors as in subclauses (b) and (c) unless we have given notice of the meeting. So if we say meeting here,
then, all the subsequent provisions are redundant. It is only describing what we cannot do unless - we cannot exercise the powers in subclauses (b) and (c) unless we have given notice in accordance to subclasue 3(a), (b), (c) and (d).
Mr Hammond 2:13 p.m.
Mr Speaker, but I think the slight difficulty is with the word, “resolution”, which is supposed to be replaced by --
Mr First Deputy Speaker 2:13 p.m.
It is referring to the resolutions in (b) and (c) which we have been given the power to do.
Mr Hammond 2:13 p.m.
Mr Speaker, I think this is a way of handling the audi alteram partem rule. I suspect that it is being thought that they have not been given notice to participate when indeed, we are going to remove them. So I suspect that --
Mr First Deputy Speaker 2:13 p.m.
Yes, that is exactly the point; we have been given the power to exercise that in either subclause 2 (b) or (c) so, it says before we exercise the power in (b) or (c), which is stated here:
“The creditors shall not remove the administrator by a resolution passed at the meeting unless;
(a)notice of resolution to remove the administrator has been given to the company
(b) to the administrator…”
Mr Hammond 2:13 p.m.
At this stage, it is not the resolution. It is when they know that there is going to be this meeting where a resolution may be passed so they have to participate. So give them the notice of the intention to pass the resolution.
Mr First Deputy Speaker 2:13 p.m.
That is contained in (3)(a) (i) and (ii). What it says by the resolution here is only describing the power that has been given by (2) (b) and (c).
Mr Chireh 2:13 p.m.
Mr Speaker, the concern they express is in (3) (b); in (3) (b), the administrator has been given the opportunity to be heard and if desired, present a written submission to the meeting. So it has been catered for. It can only be the resolution.
Alhaji I.A.B. Fuseini 2:13 p.m.
Mr Speaker, I appreciate where you are coming from, but (3) is actually procedure for removing the administrator. The first one is that the creditors cannot remove an administrator by a resolution passed at a meeting of creditors. They cannot. The first condition for them
Mr First Deputy Speaker 2:13 p.m.
Let us try and read the rendition after changing to “meeting”.
Alhaji I.A.B. Fuseini 2:13 p.m.
Mr Speaker, it says:
“The creditors shall not remove an administrator by a resolution passed at a meeting of creditors unless;
(a) a notice of the meeting to remove the administrator has been given to the (i) company, (ii) the administrator not less than fourteen days before the meeting at which the resolution is to be moved.
(b) the administrator has been given the opportunity to be heard and if desired, presents
a written submission to the meeting”.
Mr First Deputy Speaker 2:13 p.m.
Hon Members, the proposed amendment is this; unless I got it wrong, the creditors shall not remove an administrator by a meeting -- but what is here is a resolution --
Alhaji I.A.B. Fuseini 2:13 p.m.
By a resolution.
Mr First Deputy Speaker 2:13 p.m.
Please, wait. That is what he is changing; the “resolution” to “meeting”.
Alhaji I.A.B. Fuseini 2:13 p.m.
No! no! Mr Speaker, that is not what he is changing. He is changing the “resolution” in (3)(a) after “the” to “meeting”.
Mr First Deputy Speaker 2:13 p.m.
Let us be clear; the item listed as (xvii), subclause (3), paragraph (a), line 1, delete “resolution” and insert “meeting”.
“A notice of the resolution to remove the administrator has been given to the company”.
Let us look at what is in the Companies Code to be sure: Removal of Director -- Section 176(4):
“The company shall give the members notice of the resolution at the same time and in the same manner as the company gives notice of meetings or if that is not practicable, shall give members notice of the resolution the same manner as notices of meetings are required to be given not less than twenty-one days before the meeting”.
That is what the Companies Code has, so we could give a notice of the resolution we intend to move in the same manner as if we are giving the notice of a meeting. For me, it does not make any difference at all.
Alhaji I.A.B. Fuseini 2:13 p.m.
Mr Speaker, they have used both to show the way that we can communicate the resolutions or meetings. Here, we are separating and saying that in this particular case, it is the notice of the meeting.
Mr Hammond 2:33 p.m.
Mr Speaker, it must be fair; it must follow exactly how it is described. It cannot be the case that we would finish the meeting, pass the resolution and hand over the resolution to him and say that this has been done when he was not present. With respect, it is a matter of logic
and common sense that the amendment proposes what it does that the person -- indeed, in accordance with the law. I learnt recently that 17- 43 judges of the High Court actually made the point and it is now in our jurisprudence that even God did not condemn Adam before he was given the opportunity to explain why he and Eve did what they did against his injunction. It is there in the law -- [Interruption] -- you know what they did. [Laughter].
Mr First Deputy Speaker 2:33 p.m.
They ate the apple. God asked them why they did what he asked them not to do. So he was given a hearing before --
The proposed amendment is; “notice of the resolution'' to be changed to “notice of the meeting''.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (xix) on the Order Paper?
Mr Banda 2:33 p.m.
Mr Speaker, I beg to move, clause 7, subclause 3, paragraph (d), line 1, delete “person'' and insert “individual''.
Question put and amendment agreed to.
Mr Banda 2:33 p.m.
Mr Speaker, it is the same consequential amendment that we seek to do.
Question put and amendment agreed to.
Mr Banda 2:33 p.m.
Mr Speaker, I beg to move, clause 8, subclause (1), paragraph (d), delete “a court'' and insert “the Court or creditors''.
The new rendition would read:
“by removal by the Court or creditors''.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:33 p.m.
Yes, Hon Member for Akatsi South?
Mr Ahiafor 2:33 p.m.
Mr Speaker, before you put the Question on the whole of clause 8, “a person'' in line 1, should change to “an individual''. [Interruption].
Mr First Deputy Speaker 2:33 p.m.
That has been done already.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 2:33 p.m.
Mr Speaker, I went back to clause 7 to look at the construction. It includes the “liquidator or the registrar'' but of course their application could only be discharged by the court. So maybe, the court takes care of it. Otherwise we have the registrar and liquidator as well but they would have to apply to the court.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 -- Creditors to consider appointment of replacement of administrator.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (xxii) on the Order Paper?
Mr Banda 2:33 p.m.
Mr Speaker, I beg to move, clause 9, subclause (2), line1, delete “not more than'' and insert “within''.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (xxii) on the Order Paper?
Table Office, watch your numbering.
Mr Banda 2:33 p.m.
Mr Speaker, item numbered (xxii), has been repeated so I would move the second (xxii).
Mr First Deputy Speaker 2:33 p.m.
Yes.
Mr Banda 2:33 p.m.
Mr Speaker, I beg to move, clause 9, subclause (3), paragraph (b), line 2, at end, add “published in the Republic''.
Alhaji I.A.B. Fuseini; Mr Speaker, we just want to make it abundantly clear that the newspaper in circulation, which is already published should be a newspaper in circulation in Ghana.
Mr Speaker, I want to propose a further amendment to read 2:33 p.m.
“publishing a notice of a meeting in a daily newspaper of national circulation in the Republic''.
Mr Chireh 2:33 p.m.
Mr Speaker, if we agree to the amendment moved by the Hon Chairman, it would have “publication'' twice. The purpose is what has been explained by the Hon Member for Tamale Central, that it would publish a notice of a meeting in a daily newspaper of national
circulation. Once we say “national circulation'' it means Ghana. We should not add the “Republic''. We are a nation and we cannot extend it to Nigeria. So the Hon Member should abandon the amendment.
Mr Anyimadu-Antwi 2:33 p.m.
Mr Speaker, I am convinced that the Hon Chairman should abandon the amendment. It is an error of redundancy.
Mr Banda 2:43 p.m.
Mr Speaker, we have to look at it within context. If we say “national circulation'', it is the circulation which is national. It does not necessarily mean that the publishing is also done in Ghana. When we got to this provision, we said that we wanted to make it abundantly clear that we need not only have a newspaper of national circulation but that the newspaper must be published in Ghana.
Mr Speaker, we do have a situation where a newspaper of national circulation but could be published in China and brought to Ghana and circulated nationwide. We wanted --
Mr First Deputy Speaker 2:43 p.m.
In fact there are publications like this when you want the editors to answer

to Parliament, they say they do not live in Ghana. I think there was someone who was publishing and grading Hon Members of Parliament and we tried to bring him before the Privileges Committee to explain how he did his grading and to date, he has not responded because he says he does not live in Ghana.

So you want to say a newspaper published in Ghana and circulated nationally. I think that we should do the discussion this way.
Mr Anyimadu-Antwi 2:43 p.m.
Mr Speaker, I was wondering what the purpose of this publication was. The purpose is to serve notice and so, with the distinction that the Hon Chairman is making, I am of the view that whether the paper was published in Nigeria or Ghana, once it is circulated in Ghana, it serves the purpose.
So I do not think that it is necessary for us to make the distinction.
Mr Chireh 2:43 p.m.
Mr Speaker, I think that we are going to introduce legal arguments in this matter. The issue is simple; all the laws we have passed here will always say a genuine newspaper of national circulation and we all understand it. No court will say that the paper was not published in Ghana but it is notice we are giving to
people. If we give notice, there is no harm in it but if we import this idea of somebody publishing some defamatory material against you -- the laws are also there to handle such a person. The editor claims to be publishing the paper in the United States of America, we can go and sue him there and if it is being circulated here, there is an office. That has been done and so, I do not think that we should introduce “Republic” here unnecessarily.
Mr Kyei-Mensah-Bonsu 2:43 p.m.
Mr Speaker, I believe that this new introduction by the Hon Chairman is being made just out of the abundance of caution but we have a template for this. I do not think that we have to spend so many hours doing this. We can just leave it to the draftpersons to resort to the usual template and have the standard construction for that and then we move on.
Mr First Deputy Speaker 2:43 p.m.
A daily newspaper of national circulation has been the template. Do you want to change that? Alright, in that case, Hon Chairman, would you consider withdrawing your proposed amendment? Or we should vote it out?
Mr Banda 2:43 p.m.
Mr Speaker, we thought we could give some business to our local publishers and that is the essence of this proposed amendment.
But given the sentiments of the House, I withdraw the proposed amendment.
Mr Banda 2:43 p.m.
Mr Speaker, I beg to move, clause 9, subclause (4), line 2, delete “not less than” and insert “within”.
Mr First Deputy Speaker 2:43 p.m.
I direct that the draftpersons effect that consequential amendment.
Mr Ahiafor 2:43 p.m.
Mr Speaker, before you put the Question on the entire clause 9, the last line of clause 9(1), “a person” should be substituted for “individual”. It is consequential.
Mr Speaker, when we come to clause 9(5), line 2, we do the same thing.
Mr First Deputy Speaker 2:43 p.m.
Very well. The draftpersons will take note and make the consequential amendment of replacing “person” with “individual” as appropriate.
Question put and amendment agreed to
Clause 9 as amended ordered to stand part of the Bill.
Clause 10 -- Role of administrator
Mr Banda 2:43 p.m.
Mr Speaker, I beg to move --
[Pause] --
Mr First Deputy Speaker 2:43 p.m.
What is it?
Mr Kyei-Mensah-Bonsu 2:43 p.m.
Mr Speaker, I have given an indication that we would not go beyond 3.00 p.m. and beginning with clause 10, we have a new group headnote that is; “Effect of Appointment”.
I thought in that case, we should take that section tomorrow. So we could bring the curtain down which ends the group sectional note.
Mr First Deputy Speaker 2:43 p.m.
Very well. That brings us to the end of the Consideration Stage of the Cor- porate Insolvency Bill, 2019 for today.
Hon Leaders, if there is any announcement, we could do it now or --
Mr Kyei-Mensah-Bonsu 2:43 p.m.
Mr Speaker, tomorrow, I have an indication from Hon Colleagues that many would want to travel to Sunyani to mourn with the Hon Chief Whip. That being the case, we may have to
Mr First Deputy Speaker 2:43 p.m.
So what happens on Friday?
Mr Kyei-Mensah-Bonsu 2:43 p.m.
Mr Speaker, Friday is a Sitting day and the House will Sit.
Mr First Deputy Speaker 2:43 p.m.
Some people are excluded from the funeral anyway by the arrangement.
Mr Kyei-Mensah-Bonsu 2:43 p.m.
Mr Speaker, I guess since there should be a presiding officer, at least, one of the Speakers would have to be - it could be the Hon First Deputy Speaker.
Mr First Deputy Speaker 2:53 a.m.
Very well.
Alhaji I.A.B. Fuseini 2:53 a.m.
Mr Speaker, we had scheduled the Business of Parliament before our Hon Colleague lost his father and as is consistent with cultural practices of gatherings of our nature, we need to go and commiserate with him.
So it is a decision of the House greatly aided by the Hon Majority Leader and the Hon Minister for Transport that they would facilitate the travel of Hon Members of Parliament to Sunyani and from thence to Berekum. I even understand that the aircraft might be a helicopter -- [Interruption] -- very well, I think they have finally settled on CASA. Initially, Hon Members complained that the helicopter would take at most 20 people, and majority of Hon Members want to go.
Since it would be CASA, it means Hon Members would have to go to Sunyani and then proceed to
Berekum. But because we programmed a bit early, we have counted tomorrow already. If we skipped it, it would affect when we would rise and that is why we have to Sit tomorrow. So we can only impress on Hon Members to come tomorrow, so that tomorrow can be counted a Sitting day. We would come back by the aircraft and Sit again on Friday and that is consistent with our duties as Hon Members of Parliament. I hope the media and the public are listening.
While we have a social obligation towards our Hon Colleague, we are still not oblivious of the fact that we have to be in this House -- [Interruption] -- Mr Speaker, in fact, I have been reminded that funerals have now become part of the legitimate responsibilities of Hon Members of Parliament. [Laughter] So I can only add my voice to that of the Hon Majority Leader by impressing upon our Hon Colleagues that these are difficult times, so we would have to sacrifice to come here tomorrow at 9 o'clock to be part of the Sitting and also to pray for good health for the Rt Hon Speaker to come and lead in the deliberations tomorrow and be available on Friday, so that we can conduct the Business of the House.
Mr First Deputy Speaker 2:53 a.m.
Very well.
I am interested in announcing that there would be a book launch and awards this evening at 4.00 p.m., so Hon Members should take note and endeavour to attend. For Hon Members who are - I have been advised that the book launch is rather at the Foyer.
rose
Mr First Deputy Speaker 2:53 a.m.
Hon K. T. Hammond, please wait.
Hon Members who are alumni of the University of Ghana -- I had a notice which was sent to me and circulated to all of you -- please endeavour to make your contri- butions to the Alumni Fund. I would be grateful if every one of you did it today. If you give me a cheque, I would take it and deliver to them.
Mr Hammond 2:53 a.m.
Mr Speaker, would the alumni be introduced today or we would be -- ?
Mr First Deputy Speaker 2:53 a.m.
You would be mentioned.
Mr Hammond 2:53 a.m.
Mr Speaker, what about awards? Will our names be mentioned?
Mr First Deputy Speaker 2:53 a.m.
The awards are for Hon Members who have demonstrated sufficient commitment to legislative work in the House. So those who have been identified by the Rt Hon Speaker will be awarded.
On this note, I would bring proceedings to a close.
ADJOURNMENT 2:53 a.m.
  • The House was adjourned at 2.58 p.m. till Thursday, 12th March, 2020 at 9.00 a.m.