Debates of 19 Mar 2020

MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 12:04 p.m.
Hon Member for Ho Central?
Mr Benjamin K. Kpodo (NDC -- Ho Central) 12:05 p.m.
Mr Speaker, I beg to second the Motion for the approval of the two facilities. One is for €37,283,001.28 and the other is for €16,000,000 to finance the construction of a new market for the Sekondi-Takoradi metropolis.
Mr Speaker, we considered the terms of the loan. One major observation we made was that the insurance premium on the facilities' amounts is rather too high, at 14.17 per cent flat. We think this increases the cost of the facility. We also had to
even borrow to pay the insurance; that amount is part of the €37,283,000 we are borrowing.
So if those who are making the arrangement could do something about such high insurance payment component of the facilities that we take, it would inure to the benefit of the country. We are borrowing to do a good project, but we are borrowing to also pay the insurance covering the facility which we think is too high.
Nonetheless, the new cost for one of the facilities is 5.5 per cent and the other is 5.66 per cent because it is a commercial loan facility. We are looking for money to do our projects so we consider them as acceptable for now.
Mr Speaker, we also noted that the cost of these projects would be on- lent to the Secondi-Takoradi Metropolitan Assembly (STMA). They would have to pay back the loan from revenues generated by the operations of the market, and we note that the Agreement is not yet ready. Yesterday we cautioned the Metropolitan Chief Executive and the Regional Minister to ensure that they look at the Agreement on the Kumasi Market and fashion out this particular one in similar light. I contend that markets, though are economic units, still serve social purposes, and all of
the facilities should not be transferred to the STMA. Central Government should bear part of the cost and the Assembly should also bear part of the cost.
Mr Speaker, we recommend this Facility to the House for approval so that the Project could stick. However, we note that these are ongoing projects meant to modernise the market which the country's major cities have. We have one in Kumasi, the Kejetia market, which is completed. It was started and completed by the previous Government. The second phase of the Kumasi market has also been started, and it was mooted by the previous Government. We hope that this one would also not be just cosmetic but the Project would be fully implemented for the benefit of the people of Takoradi.
Mr Speaker, I second the Motion and recommend that the House approves this facility for the construction of the new market at Takoradi.
Question proposed.
Mr Second Deputy Speaker 12:05 p.m.
Hon Member for Sekondi?
Mr Andrew K. E. Mercer (NPP - Sekondi) 12:05 p.m.
Thank you, Mr Speaker, for the opportunity.
Mr Speaker, I beg to support the Motion on the Floor which was ably moved by the Hon Chairman of the Finance Committee. Indeed, 80 years after any major additions were made to the Takoradi market, the Government of H. E. Nana Addo Dankwa Akufo-Addo has once again fulfilled this commitment to the people of Takoradi.
I am particularly excited to support this application even though I would have wished that the Sekondi market was the one that I was lending my voice to. But as a twin brother from Takoradi, it is still gratifying to note that indeed this Government has made a commitment which was contained in the 2019 Budget Statement. Mr Speaker, with your permission, if I may read --
It says:
“477. The Ministry has completed feasibility studies for four PP markets in Tamale, Nkoranza, Asokore Mampong, and Asesewa, and begun the processes of identifying investors. In 2019, feasibility studies will be conducted for the construction of a Market Complex at Sekondi and
Dr Augustine Tawiah (NDC -- Bia West) 12:15 p.m.
Thank you, Mr Speaker. It is gratifying that an additional infrastructure would happen in Takoradi. Although those of us from the Western North Region are moving away from there, it is still an important centre for us. As a port city, such a market is critical. Beyond that, it is also important to recognise that it is a combination of the efforts of both the previous Administration and the current one, which is benefiting the people for the continuity of the market for the people in Takoradi.
Importantly, the informal sector plays a very important role in our lives. Regardless of the malls and shopping centres that are coming up, the markets we have from our traditional societies continues to be extremely important. Especially with the issues we have alluded to with
health, safety, sanitation and all of that being addressed, the market comes as a very important improvement for the people of the immediate vicinity but also for all of us within the Western North and the Western Regions enclave.

Additionally, with all these important aspects of it coming up, an important dimension is the issue of the distribution of the market stores. Indeed, we have seen cases where in Kumasi politics played a role and some people with traditional ties continue to assert themselves as to who gets a store.

Mr Speaker, Takoradi is a very cosmopolitan city and it is important for us to see these aspects addressed, so that when the market is fully functional, it would be to the advantage of --
rose
Mr First Deputy Speaker 12:15 p.m.
Hon Member, hold on. There is a point of order.
Yes, Hon O. B. Amoah?
Mr O. B. Amoah 12:15 p.m.
On a point of order. Mr Speaker, the Hon Member just made a statement, that regarding
Mr First Deputy Speaker 12:15 p.m.
Hon Member, people with what?
Mr O. B. Amoah 12:15 p.m.
Mr Speaker, he is inputting that the traditional authorities control the allocation of markets -- [Interruption] -- That was what he said -- [Interruption] -- He cannot make that statement.
Mr First Deputy Speaker 12:15 p.m.
All right, Hon Member, let me confirm what he said. Hon Member, what did you say? Can you repeat it?
Dr Tawiah 12:15 p.m.
Mr Speaker, I explicitly stated that there are challenges with the allocation of the stores, to the extent that some people who have old traditional ties to the market may want to have allocations over and above other people. These challenges continue because there are different interests that are served.
Mr First Deputy Speaker 12:15 p.m.
Hon Member, old traditional ties to the market?
Dr Tawiah 12:15 p.m.
Exactly, Mr Speaker.
Mr First Deputy Speaker 12:15 p.m.
All right, you may go on.
Dr Tawiah 12:15 p.m.
Thank you, Mr Speaker.
Mr Speaker, essentially, the informal sector and the role this market would play is important for us. Now, the fishmongers and traders in foodstuffs either from the Western Region or the Western North Region would have the opportunity to express themselves and people would have jobs. So the concern about allocation is important.
Mr Speaker, there is another dimension that we have to raise. With all the investments we make in markets, stores and other facilities that we provide, the policies that underlie their allocation are not strictly adhered to. As a result, the vendors bring all the goods outside the shops in the morning. One would expect that the market would function effectively and everybody would go in there and buy things, but then the goods are brought out onto the streets and sometimes, a four-lane street is blocked.
So, as they establish a police station and other facilities that would enhance the quality of the market, I beseech that these other dimensions would be increased to ensure the effectiveness of the market. This would enable this
great infrastructure from the governments of both regimes to be of benefit to the people and continue to be an important project to the Western Region, where the best is supposed to come from and we hope it does.
Mr Speaker, the Western North Region is divorced, but we still bring our goods to the Port. Our cocoa is brought there and we buy things from there to our region. We hope that this market would be an important dimension.
Mr First Deputy Speaker 12:15 p.m.
Now, let me go to the Western Region itself before I come to the Western North Region.
Mr Kwabena Okyere Darko- Mensah (NPP -- Takoradi) 12:15 p.m.
Thank you very much, Mr Speaker. I believe that today's Motion on the Takoradi Market for the loan of €37 million and the entire facility of €16 million is in the right direction.
Mr Speaker, this has been long and as we pass this Facility, I would like to urge everybody to support the Ministry of Local Government and Rural Development and the Sekondi- Takoradi Municipal Assembly (STMA) to get it through. That is my constituency and you know that the
Market Circle is the biggest roundabout in Ghana which is also a market.
Mr Speaker, the interesting thing about this market is that after the development of the property, we would get almost four times the number of stores that we have and we would get more stalls for petty traders.
Currently, outside the Market Circle is overcrowded because they do not have space inside the market. If we take the original circular double storey building that we have, the middle part is just one storey building and it is empty. This new project would give us a double storey building there. It means that more young men and women who want to have the opportunity to have their own stores would get them.
In fact, we are trying to move them to a bigger area as a temporary measure while the construction starts. The market currently occupies eight acres of land; we would move them to a 14-acre site and other places, so that they can have somewhere to sell.
Mr Speaker, as I speak to you, we have been interacting with the market queens and they are ready. Just last week, they came to my office and asked when the registration would
Dr Alfred Okoe Vanderpuije (NDC -- Ablekuma South) 12:25 p.m.
Mr Speaker, I beg to support the Motion.
Mr Speaker, given the fact that in my previous assignment, I had the opportunity to work with several markets in Accra and being very aware of the challenges in our markets, it excites me to see this proposal and what it would do to the Takoradi Market.
Mr Speaker, I would also look at the specific improvements that would come with this recommendation and my attention has been drawn to the area of sanitation.
From the statement that was just made by my Hon Colleague who just spoke I am even more concerned.
In the area where we talked about both the collection and disposal system, I hope that we would not create the situation where the waste from the market would be transported to somewhere else. I rather hope that the sanitation project that would come with this development would create the opportunity for the waste to be dealt with within the market vicinity.
There are improvement systems today that would allow the waste to be put in a compost plant right there at the market. The challenges of waste collection these days is the ability of our waste management companies to collect the waste. So if we build a modern market and still depend on the old system, then our objective would fail.
We have a compost plant in Accra, for instance, which is at Adjen Kotoku. That system could be used in this Project so that in the vicinity of the market, the waste would be dealt with right there, and the by-product could also be used to advance our development.
I therefore hope that we would take a serious look at that. To depend on our current waste management facilities, where a truck comes to move the waste out might be a challenge. A project that is supposed to be modernised might be engulfed in waste, which I do not want to see happening. So we should please take it seriously. We can look at Adjen Kotoku's compost plant and replicate same on this Project.
Secondly, I would want to talk on high quality fire combat infrastructure. Please one of the greatest challenges that faces our markets today is the issue of fire. We must therefore guard
Dr Kwaku Afriyie (NPP -- Sefwi-Wiawso) 12:25 p.m.
Mr Speaker, I thank you for the opportunity.
I would want to remark that, for me, it is a very emotional day. This is because I am the immediate past Regional Minister for the Western Region until the Western-North was carved out. I know that a lot of mental and physical energy has gone into this Project to bring it this far.
Mr Speaker, when Hon Egyapa Mercer rose to speak, people did not listen to him because they perhaps did not appreciate that when he was speaking, there was a tinge of sibling jealousy, because he is the Hon Member of Parliament for Sekondi, and that is to be expected. That is why I urged the outgoing Government to make haste to do a similar project for Sekondi because there is more room for commercial activities and markets for them.
Indeed, most Ghanaians do not know that Sekondi is the official capital for the Western Region. As the immediate Abusuapayin, I believe that I have to make this very clear. Takoradi seems to be punching above its weight.
Having said that, I would want to congratulate the Hon K. K. Sam even though he is not a Member of Parliament. He is the Chief Executive of the Sekondi-Takoradi Metro- politan Assembly (STMA). I know that he has contributed a lot to make this Project see the light of day.
I would also want to congratulate the Hon Member of Parliament for Takoradi and the current Minister for the Western Region, our own Hon Kwabena Okyere Darko-Mensah. I know the efforts and the passion that he had towards this Project when I
was then the substantive Regional Minister.
Mr Speaker, the justification for this Project is very good. When we look at it, it is actually commercially viable, and has the capacity to bring in profits. I would however not dwell on that.
I believe that the intangible benefits -- the fact that this Project is dear to the hearts of the people of Sekondi- Takoradi, who take pride in it, and the fact that they have also made huge contributions to our economy, if constructing a new market for them is their heart's desire, then we should make haste to ensure that this market sees the light of day.
Mr Speaker, I would want to take the opportunity to draw the attention of the current Minister for the Western Region and the other parties to take note of the fact that this is the opportunity for them to do something radically different.
From my perspective, I believe that bulk food items like plantain, yam and so on should not be distributed in satellite markets because there are other satellite markets in Apremdo, Sekondi and so on. We even have one at Agona Nkwanta which is close by. This would help to reduce congestion and the unsanitary
conditions which are associated with bulk items.
Mr Speaker, this market even has an international dimension. A lot of people from the Republic of Cote d'Ivoire come to do business in the Takoradi Market. So with all these things, I believe that the justification for ensuring that this Project comes onstream is palpable.
Mr Speaker, with these few words, I would urge my Hon Colleagues to overwhelmingly approve and support the Motion and its consequent Resolution.
Ms Angela Oforiwa Alorwu- Tay (NDC- Afadzato South) 12:25 p.m.
Thank you, Mr Speaker, for the opportunity.
Mr Speaker, I would want to take us to page 8 of your Committee's Report where we have the benefits of the Project stated. I would have wished to see as one of the benefits, a day care centre or a nursery where market women could send their children to while they go about their businesses.
I think that it is time for those in charge in this country to consider this, so that every market that would be constructed would have a day care centre for women. This is very dear to my heart.

I would also want to appeal to the authorities that, today, we have very poor women who sell in the markets --
rose
Mr First Deputy Speaker 12:25 p.m.
Hon Member, please hold on.
Yes, Hon Minister for Western Region?
Mr K. O. Darko-Mensah 12:25 p.m.
Mr Speaker, there is a day care included in the Project. Currently, even the old market, as it stands now, has a day care centre. I would therefore want her to be rest assured --
Mr First Deputy Speaker 12:25 p.m.
She says that the Report does not say so.
Mr K. O. Darko-Mensah 12:25 p.m.
Mr Speaker, it is in the original document.
Mr First Deputy Speaker 12:25 p.m.
We are happy to learn that it is there, but not reported.
Hon Member, you may continue.
Ms Alorwu-Tay 12:35 p.m.
Mr Speaker, because it is not here, I would appeal to you to ensure that he brings it for us to see. He should amend the
Report, so that we see it because this is very important to me.

Mr Speaker, my next point is that today, we have very poor women who sell in markets. The convention in this country is that whenever a new market is built, then the cost of acquiring the shops or the stores becomes very high. As a result, the very people who were trading in the markets, end up not getting space. So if they can just do something for the very poor market women also to have a section where they can sell their wares, that would be very good for the future.

Mr Speaker, on that note, I support the Motion, but then, the amendments should be effected in our Report, that there is the day care centre as one of the benefits. Also, let us remember that it is not every woman who would get money to pay for the stores and the poor ones should also be given space.

Mr Speaker, thank you for the opportunity.
Mr First Deputy Speaker 12:35 p.m.
Yes, Leadership?
Mr James Klutse Avedzi (NDC -- Ketu North) 12:35 p.m.
Thank you, Mr
Speaker. I would like the Chairman of the Committee to clarify the information on pages 5 and 9. On page 5, under the table, the Report says that the rentable area would be used for the construction of 2,480 stores and 33 restaurants and food courts.
Now, if we go to page 9, paragraph 7.4 under Stores and Stalls to be constructed, it says 2,480 stores and over 3,000 stalls. There is some kind of discrepancy; so if the information is clarified, he should let us know exactly the quantity that would be constructed, so that it would reflect on page 5 as well.
Dr Assibey-Yeboah 12:35 p.m.
Mr Speaker, for those of us who are urban Members of Parliament (MPs) and have large markets in our constituencies, the stalls are those for table-top trading. Then we have stores proper; so in this new market, there would be 2480 stores and 3,000 table-top stalls. In rural Constituencies, we mostly have the stalls.
Mr Avedzi 12:35 p.m.
Mr Speaker, I have markets in my Constituency even though I am a rural MP. Mr Speaker, that brings to attention that while we are talking about building big markets for the cities or urban areas, let us not forget about the rural areas where
we can build markets where the amounts involved in building the markets would not be so huge. As a result, our market women in our rural areas or young ones in the rural areas, can also have markets in order to do their business to earn a living.
Mr Speaker, we seemed to be paying attention to only big cities, where we take loans of over GH¢100 million to build a market while we could take a loan of GH¢5 million or GH¢10 million to build markets in rural areas. Let us divert our attention also to those areas because they also need to earn a living.
Mr Speaker, I thank you.
Mr First Deputy Speaker 12:35 p.m.
Yes, Majority Leadership?
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 12:35 p.m.
Mr Speaker, I thank you for the opportunity to make a few remarks. First of all, I think this Project is going to be very revolutionary and increase, not only the beauty of the Sekondi/ Takoradi Metropolitan Area, but also increase the number of activities in the vicinity.
Mr Speaker, the first observation, however, is that the area that we are considering, is really just on about 8.24 acres which expresses itself to
An Hon Member 12:45 p.m.
It is in the original document.
Mr Kyei-Mensah-Bonsu 12:45 p.m.
If it is in the original document, it should have found expression here because the market operators certainly would be going with their kids and they need to find space to provide schooling for them.
Mr Speaker, I have been told that it is in the original document and because this would be read in the Hansard, it might perhaps be interpreted to mean that the Facility has been taken out. So I would implore that the Hon Chairman effects that correction, so that anybody who picks the Hansard hereafter, would know that it was included, so that -- [Interruption] --
Mr Speaker, the Hon Chairman of the Committee says that the Hansard
would capture what I said as being reflective of what was intended. I just raised a concern. If it is there, he should let us know that and the space that would be created. This is because this is a huge facility and looking at the number of women who would patronise the market and even people who would go to the market to shop, we need to cater for their children. So, we need to know what space has been created for that facility?
Mr Speaker, otherwise, this is a useful project and all of us must support it accordingly.
Question put and Motion agreed to.
Mr First Deputy Speaker 12:45 p.m.
Items 16 and 19 - Resolutions.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:45 p.m.
Mr Speaker, the Hon Deputy Minister for Finance is in the House. Initially, she was not in the House, so I filled in for them but now that she is in the House, may you indulge her to do what is needful?
Mr First Speaker 12:45 p.m.
Very well.
Hon Deputy Minister for Finance?
RESOLUTIONS 12:45 p.m.
THIS HONOURABLE 12:45 p.m.
HOUSE HEREBY RESOLVES 12:45 p.m.
Minority Leader (Mr Haruna Iddrisu) 12:45 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 12:45 p.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:45 p.m.
Mr Speaker, we could take item numbered 27 and move into a Committee of the Whole sitting.
Mr Kyei-Mensah-Bonsu 12:45 p.m.


Which of the two meetings? Is it the Business Committee meeting or the Committee of the Whole?
Mr Kyei-Mensah-Bonsu 12:45 p.m.
Mr Speaker, it is the Committee of the Whole.
Mr First Deputy Speaker 12:45 p.m.
Very well. Hon Members, the House will now reconstitute into a Committee of the Whole.
Mr First Deputy Speaker 12:49 p.m.
Yes, Hon Majority Leader?
Mr Osei Kyei-Mensah-Bonsu 12:49 p.m.
Mr Speaker, we have reclined to plenary and so could we then deal with the item numbered 20?
Mr First Deputy Speaker 12:49 p.m.
Very well, the item numbered 20, Motion, by the Hon Chairman of the Committee?
MOTIONS 12:49 p.m.
Chairman of the Committee (Mr Yaw Frimpong Addo) 12:49 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Environment, Science and Technology on the Vienna Convention on Civil Liability for Nuclear Damage (1963).
In doing so, I present the Report of your Committee.
1.0 Introduction
The Hon. Deputy Minister for Environment, Science Technology and Innovation, Ms Patricia Appiagyei on behalf of the Ministerfor Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong Boateng, on Tuesday, 28th January, 2020, laid before the House, the Accession to the Vienna Convention on Civil Liability for Nuclear Damage (1963).
Pursuant to article 75(2) (b) of the Constitution and Standing Order 185, Mr Speaker referred the Convention to the Committee on Environment, Science and Technology for
consideration and report to the House.
2.0 Acknowledgement
The Committee met with the Minister for Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong Boateng, the Deputy Minister, Madam Patricia Appiagyei, the Director General, Nuclear Regulatory Authority (NIR) Dr Nii Allotey and his legal team from the Ghana Atomic Energy Commission (GAEC) to deliberate on the Accession to the Vienna Convention on Civil Liability for Nuclear Damage (1963).
The Committee is grateful to them for the clarification made on the Convention.
3.0 Reference documents
The Committee referred to the following documents during the deliberations:;
The Constitution of the Republic;
The Standing Orders of Parliament; and
Vienna Convention on Civil Liability for Nuclear Damage
(1963).
4.0 Background Information
Cabinet took the decision to include Nuclear Power to Ghana's energy mix in 2008. The decision was implemented in 2010 when Nuclear Energy was included in Ghana's National Energy Policy and Strategy Document.
Ghana has worked over the years with the International Atomic Energy Agency (IAEA) in the implementation of a three milestone approach for introducing Nuclear Energy into new- comer countries. The three Milestone Approach outlines three phases that must be completed to ensure the smooth implementation of a newcomer country's nuclear power programme.
Ghana needs to address 19 infrastructural issues including a legal framework as part of the first mile stone. The legal framework requires a newcomer country to adhere to a number of international instruments on nuclear safety, security, safeguards and liability.
Ghana ratified the Convention on Supplementary Compensation for Nuclear damage on 12th September, 2016. Ghana has three more conventions, including the Vienna Convention on Nuclear Liability for Nuclear Damage to fulfil the legal framework requirements.
Mr Clement K. Humado(NDC -- Anlo) 12:49 p.m.
Mr Speaker, I beg to second the Motion moved by the Chairman of the Committee and to
make a few comments and observations in support of same.
Indeed, Ghana, since 1963 established the Ghana Atomic Energy Commission (GAEC) and have been making steady progress in the field of using nuclear energy for peaceful purposes. Some of the benefits of nuclear for peaceful purposes are realised in the area of health in sterilising medical equipment; it is used in industry and also in agriculture.
Mr Speaker, we are well known worldwide under the International Atomic Energy Agency (IAEA) as a state in sub-Saharan Africa that is making steady progress in the development and use of nuclear energy for peaceful purposes.
Mr Speaker, we have signed and ratified most conventions to date but where we have reached, we would want to establish a legal framework for the use of nuclear energy for peaceful purposes. You would recall that in the year 2008, Ghana included nuclear energy as a source of energy in its energy mix. So what we are being called upon to do today is just to fulfil the civil liability component of the Convention.
We are operating a nuclear facility and we are likely to have accidents; we are likely to have disasters. When

we have those disasters, there is the need for damage control in the form of compensation and the Convention on Civil Liability for Nuclear Damage has to do with managing those liabilities in the form of compensation.

Mr Speaker, your Committee has been briefed by the technical experts and the Hon Minister. We are fully satisfied that acceding to the Vienna Convention on Civil Liability for Nuclear Damage is something that we must do in our steady progress towards becoming a nuclear state.

Mr Speaker, with these comments, I would like to urge the House to adopt the Report of the Committee and to enable the Ministry and its agencies --
Mr First Deputy Speaker 12:49 p.m.
Hon Member, hold on.
Yes, Hon Minister for Railway Development?
Mr Joe Ghartey 12:49 p.m.
Mr Speaker, I am a little concerned because my Hon Colleague on the other Side who is well versed in such matters said that when we have a nuclear plant, we are likely to have a disaster. Are we “likely” or it is possible? If we are here debating about something which is likely to happen, then we should
forget about this nuclear matter. We know what happened in Chernobyl. If it is possible, then that is fine; but if it is likely, then I cannot support him. So I wonder which is which?
Are we likely to have a nuclear disaster or it is possible to have a nuclear disaster for which we are legislating for the possibility?
Mr First Deputy Speaker 12:49 p.m.
Hon Minister, your point is well made. Hon Member, please take that on board.
Mr Humado 12:49 p.m.
Mr Speaker, I know the issue of nuclear energy is very discomfiting to a number of people but it is a reality. Even in the very developed state, we do have instances of nuclear damages. So it is possible.
Mr Speaker, we also need to hedge against this possibility by adopting this Convention which emphasises on insurance of almost US$300 million Special Drawing Rights for the facility.
Mr Speaker, if we ratify this Convention, in case there is any problem in the future, we in Ghana should be able to manage the after- effects very well.
With this, I urge the House to adopt the Report of your Committee.
Mr First Deputy Speaker 2:40 p.m.
Hon Members, having regard to the state of Business of the House, I direct that the House Sits outside the regular Sitting hours.
Question proposed.
Mr John Abdulai Jinapor (NDC -- Yapei/Kusawgu) 2:40 p.m.
Mr Speaker, for the records, there have been two main nuclear disasters in the world; the Hiroshima and Fukushima nuclear disasters. So if we consider these two nuclear disasters, it is quite clear that nuclear disasters are not that common.
It is true that one nuclear disaster can create a lot of havoc and a major problem such that when we consider the level --
Mr Kyei-Mensah-Bonsu 2:40 p.m.
Mr Speaker, I believe that as a matter of record, my Hon Colleague says that there have been two nuclear disasters. There has been a third one; the Chernobyl disaster. So certainly, there have been three nuclear disasters and not two.
Mr First Deputy Speaker 2:40 p.m.
Hon Member, you are advised that the Chernobyl nuclear disaster was left out.
Mr Jinapor 2:40 p.m.
Mr Speaker, I said two nuclear disasters and I thought about Russia and Japan. There is the Chernobyl and Fukushima nuclear disasters but I would not debate the Hon Majority Leader on this. It is all right. Today, I can see Mr First Deputy Speaker smiling at me and so, I am in a very good mood.
Mr First Deputy Speaker 2:40 p.m.
Hon Member, I smile at everybody.
Mr Jinapor 2:40 p.m.
Mr Speaker, the point I am making is that nuclear disasters are not that common. It is true and just as my Hon Senior Colleague, the former Deputy Minister for Agriculture stated that if we have one single nuclear disaster, the harm it can cause can be so devastating, not just in the immediate term, but over a long period.
Mr Speaker, that is why in the document, it was stated that Ghana passed the Act to regulate the system. We have also made some progress, especially with Russia in terms of nuclear energy.
Nuclear energy continues to be a cardinal and principal source of energy. For instance, more than 90 per cent of France's energy source comes from nuclear energy. Indeed, if we look at most of the industrialised nations, they either have
Dr Kwaku Afriyie (NPP -- Sefwi-Wiawso) 2:40 p.m.
Mr Speaker, I rise to urge my Hon Colleagues to adopt the Report.
Mr Speaker, it is important that Ghana accedes to these Conventions because they pave the way for us to reap all the benefits that can accrue to the use of nuclear energy. However, before I continue, since this is a House of record, there have been four declared nuclear explosions.
The two, Hiroshima and Nagasaki nuclear disasters, were as a result of
an act of war. There were two nuclear accidents; the first one in Three Mile Island, Texas in the United States of America (USA), and then one in Chernobyl in the former Soviet Union.
Mr Speaker, it might interest us to know that Ghana was actually at the forefront of the nuclear energy curve but we got left behind because of our tardiness. Ghana had a lot of capacity in the 1960s during Dr Kwame Nkrumah's regime but after the 1966 coup, we were left behind. Indeed, we were poised to become the first nuclear power in Africa and our own at Kwabenya was left in abeyance and here we are.
Now, I do think that Ghana intends to use nuclear power as a tool for warfare. Certainly, if we did not accede to this Convention, then it means that we do not subscribe to some of the articles therein. So even if we want to seek help by way of technical support, we may be denied. I believe that it is very important that we adopt the Report and take all the subsequent steps that will put us in good standing as far as this issue of nuclear energy is concerned.
Mr Speaker, thank you very much for the opportunity.
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 2:50 p.m.
Mr Speaker, I rise to support the Motion and to commend the Committee for a great job done.
Mr Speaker, the Vienna Con- vention on Civil Liability for nuclear damage came into force in the year 1977 and many countries have reaped the fruits therefrom.
I commend Dr Kwaku Afriyie for elucidating on Ghana's history so far as nuclear energy is concerned. Indeed, but for the drawback of the 24th February, 1966 coup, Ghana would have been a nuclear power not only in Africa but in the world.
Mr Speaker, as it has been said, there are many positives of nuclear energy. Indeed, the western nations that seek to quickly bastardise nuclear energy and its benefits are themselves major beneficiaries. We do know that nuclear power remains a very stable -- indeed, of all the energy sources in the world, nuclear energy remains the most stable, cheapest, environ- mental friendly, of low pollution, very high energy density and sustainable.
So I am not one who falls for the propaganda about countries that seek to develop their nuclear potential. I commend the Committee and the Ministry for bringing this Agreement for ratification and I hope that we will
all ratify this in our numbers and support the efforts at ensuring that those who will fall victim to any nuclear accident will receive compensation.
Indeed, that is what this is about in terms of civil liability. When one reads the main text of the Convention, it is clear that a liability is strict or absolute and so the victims do not have to prove fault on the part of any of the parties; Government or any private company that is developing in the nuclear energy space. So this is good for our constituents who would be compensated in the unlikely event of an accident or disaster associated with any nuclear work.

Mr Speaker, as I round up, permit me to salute our scientists and researchers at the Ghana Atomic Energy Commission (GAEC) because they are renowned. I have attended a number of international events where they have been praised highly. They are very renowned and the work they are doing at GAEC is really phenomenal. I believe that this ratification would help them to continue to expand the frontiers of research and to build the scientific capacity of our country.
Mr First Deputy Speaker 2:50 p.m.
Minority leadership.
Mr Mahama Ayariga (NDC -- Bawku Central) 2:50 p.m.
Mr Speaker, thank you very much.
Mr Speaker, basically, we are being called upon to ratify these Conventions to achieve one effect. Under the current arrangement, if there is a new nuclear accident in Ghana, by our laws and the treaty agreements that we are already party to, it is only those who are in Ghana who would be compensated. This is because under the new regime that we have, those who are in Ghana would be compensated; however, we are proposing to develop nuclear energy as one of our sources of power. What this means internationally is that, we would bring the threat of nuclear accidents into our territory. When we bring the threat into our territory then our neighbours would be threatened because if there is an accident in Ghana, they would not be compensated by the laws of our country.
So, for the International Energy Agency (IEA) to ensure that we have the appropriate regulatory frame- work; supportive of establishing nuclear power as one of the sources of power, then we must commit that in the case of an accident those outside our territory who would suffer any damage would equally be entitled to compensation in terms of civil liability. So, this agreement achieves that for us and it would enable us, in terms of regulatory framework, to be qualified for the IEA to certify that we can go ahead and establish a nuclear plant for peaceful use -- the generation of electric power.
Basically, this is what the Convention seeks to achieve for us. It is not that there is some resource somewhere that we can tap into by virtue of acceding to this Convention. It is to protect our neighbours and it is similar to the rule in Rylands v Fletcher where if an object is brought into one's territory and it causes damage to another person, then the one who brought it is deemed to be responsible for the damage. So if we bring nuclear power to our country and we are not able to manage it well and there is an accident, then all our neighbours should be able to seek compensation for the damage caused to them. However, it does not necessarily mean that the Government of Ghana would be paying the
compensation because ordinarily, when a nuclear plant is being established, often times a private provider is contracted to establish it and part of the agreement would usually require that that private plant would insure against damage, accident and people suffering as a result of the accident. So, it would normally be the responsibility of the provider to pay the compensation.
Mr Speaker, part of the treaty is to also indicate the quantum of money that should be available to pay the compensation.
So these are the terms that are captured in the various treaties; there are about three of them that have been put together for ratification by this Parliament. Since it is the commitment of the country to move towards establishing nuclear energy as one of the sources of power, then we need to accede to this in order to pave the way for this.
Mr Speaker, on this note, I would urge Hon Colleagues to vote in support of the Motion so that this Parliament would ratify these international Conventions.
Mr Speaker, thank you.
Mr First Deputy Speaker 2:50 p.m.
Does the Majority leadership wish to contribute? Very well.
Hon Members, I would put the Question.
Question put and Motion agreed to.
Mr First Deputy Speaker 2:50 p.m.
Hon Members, item numbered 21 -- Resolution.
Mr Kyei-Mensah-Bonsu 2:50 p.m.
Mr Speaker, I seek your leave for the Hon Deputy Minister for Environment, Science, Technology and Innovation to move the Resolution.
Mr First Deputy Speaker 2:50 p.m.
Hon Deputy Minister?
RESOLUTIONS 2:50 p.m.
Chairman of the Committee (Mr Yaw Frimpong Addo) 2:50 p.m.
Mr Speaker, I beg to second the Motion.
Mr First Deputy Speaker 2:50 p.m.
Hon Members, I would put the Question.
Question put and Motion agreed to.
Resolved accordingly.
Mr Kyei-Mensah-Bonsu 2:50 p.m.
Mr Speaker, the Motions numbered 20, 22 and 24 are conjoined; unfortunately, the Hon Chairman of the Committee did not move them together. He separated them so he should now move Motion numbered
22.
Mr First Deputy Speaker 2:50 p.m.
Well, he can move Motions 22 and 24 together.
MOTIONS 2:50 p.m.
Chairman of the Committee (Mr Yaw Frimpong Addo) 2:50 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Environment, Science and Technology on the Protocol Relating to the Application of the Vienna Convention and the Paris Convention (1988).
In so doing I beg to present your Committee's Report.
1.0 Introduction
The Hon. Deputy Minister for Environment, Science, Technology and Innovation, Ms Patricia Appiagyei
on behalf of the Ministry for Environment, Science, Technology and Innovation Prof. Kwabena Frimpong Boateng, on Tuesday 28th January, 2020, laid before the House the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (1988).
Pursuant to article 75(2) (b) of the Constitution and Standing Order 185, Mr Speaker referred the Convention to the Committee on Environment, Science and Technology for consideration and report to the House.
2.0 Acknowledgement
The Committee met with the Minister for Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong Boateng, the Deputy Minister, Madam Patricia Appiagyei, the Director General, Nuclear Regulatory Authority (NIR) Dr Nii Allotey and the legal team from the Ghana Atomic Energy Commission (GAEC) to deliberate on the Accession to the Vienna Convention on Civil Liability for Nuclear Damage (1963).
The Committee is grateful to them for the in-depth clarification on the Convention.
3.0 Reference Documents
The Committee referred to the following documents during the deliberations:
The Constitution of the Republic;
The Standing Orders of Parliament;
Vienna Convention on Civil Liability for Nuclear Damage (1963); and
The Application of the Vienna Convention and the Paris Convention (1988)
4.0 Background Information
Cabinet's decision to add Nuclear Power to Ghana's energy mix in 2008, was implemented in 2010 when Nuclear Energy was included In Ghana's National Energy Policy and Strategy document.
As part of efforts to introduce nuclear power into the country's energy mix, Ghana has worked in collaboration with the International Atomic Energy Agency (IAEA) in the implementation of the IAEA's Three- Milestone-Approach for introducing Nuclear Energy into newcomer Countries over the years.
MOTIONS 2:50 p.m.
Chairman of the Committee (Mr Yaw Frimpong Addo) 2:50 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Environment, Science and Technology on the Protocol to Amend the Vienna Convention on the Civil Liability for Nuclear Damage (1997).
Mr Speaker, in so doing I beg to present your Committee's Report.
1.0 Introduction
The Hon Deputy Minister for Environment, Science Technology and Innovation, Ms Patricia Appiagyei on behalf of the Ministry for Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong Boateng, on Tuesday 28th January, 2020, laid before the House the Protocol to Amend the Vienna Convention on the Civil Liability for Nuclear Damage (1997).
Pursuant to article 75(2) (b) of the Constitution and Standing Order 185, Mr Speaker referred the Convention to the Committee on Environment, Science and Technology for
consideration and report to the House.
2.0 Acknowledgement
The Committee met with the Minister Prof. Kwabena Frimpong Boateng, the Deputy Minister Madam Patricia Appiagyei, the Director General, Nuclear Regulatory Authority (NIR) Dr Nii Allotey and the legal team from the Ghana Atomic Energy Commission (GAEC) to deliberate on the Accession to the Protocol Relating to the Application of the Vienna Convention and the Paris Damage (1997).
The Committee is grateful to them for their clarification on the Protocol.
3.0 Reference Documents
The Committee referred to the following documents during the deliberations:
The Constitution of the Republic;
The Standing Orders of Parliament;
Vienna Convention on Civil Liability for Nuclear Damage
(1963);
The Application of the Vienna Convention and the Paris Convention (1988); and
The Protocol Relating to the Application of the Vienna Convention and the Paris Damage (1997).
4.0 Background Information
Ghana has already ratified most of the Conventions on nuclear safety, security and safeguards but is yet to ratify all the Conventions on nuclear liability. In order to satisfy the requirements for establishing a legal framework for the introduction of nuclear power, Ghana must ratify the remaining three nuclear liability Conventions which include the Protocol relating to the application of the Vienna Convention and the Paris Damage (1997).
The protocol to amend the Vienna Convention on civil liability for nuclear damage aims at amending the Vienna Convention on civil liability for nuclear damage (Vienna convention) by providing for broader scope of application, increased amount of liability of the operator of a nuclear installation and enhanced means of securing adequate and equitable compensation for persons who may be affected by a nuclear incident.

5.0 Justification

The Nuclear Regulatory Authority Act, (Act 895) passed in 2015 to establish the NIA, provides for the regulation and management of activities and practices for the peaceful uses of nuclear material or energy, radioactive material or radiation. The Act also provides for the protection of persons and the environment against the harmful effects of radiation hazards.

Act 895 provides for the liability of nuclear damage to people and the environment which are clearly defined and compensation adequately catered for in sections 60 to 70 of the Act. These provisions are in conformity with the Vienna Convention on Civil Liability for Nuclear Damage, and the Protocol to Amend the Vienna Convention on Nuclear Liability.

By the very nature of International Law, a State cannot be liable for an incident that occurs within its territory, but the effects are left outside its jurisdiction unless it has undertaken to be bound within the context of a Convention.

For Ghana to be able to claim compensation in the event of a nuclear incident occurring outside its jurisdiction, it must establish treaty

relations with as many states as possible, hence the need for Ghana to accede to Vienna Convention on Civil Liability for Nuclear Damage.

6.0 Options and Impacts

The Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage amends the Vienna Convention of 1963 to provide for a broader scope of application, increased amount of liability of the operator of a nuclear installation and an enhanced means for securing adequate and equitable compensation for persons affected by a nuclear incident.

7.0 Inter-Departmental Consul- tation

The Ministry of Environment, Science, Technology and Innovation through the Ghana Atomic Energy Commission met with stakeholders among others from the Ministry of Justice and Attorney-General's Department, Nuclear Regulatory Authority (NRA), the Nuclear Power Institute (NPI) and the Ghana Reinsurance Company held a consultative meeting to deliberate on the Protocol,

8.0 Financial Implications

The Nuclear Regulatory Authority Act, 2015 (ACT 895), section 64 states that the minimum amount of liability of an operator of a nuclear installation is 300 million Special Drawing Rights (SDRs). Per article 7 of the protocol to amend the Vienna Convention, the operator is required to maintain “insurance or other financial security covering his liability for nuclear damage in such amount, of such type and in such terms as the installation state shall specify.”

There is a requirement for the installation State to ensure that claims for compensation for nuclear damage which have been established against the operator, by providing the necessary funds to the extent that the yield of insurance or other financial security is inadequate to satisfy such claims are catered for.

In the event the insurance taken by the operator does not provide enough money to satisfy the legitimate claims made on it, Ghana being the installation State, shall make available public funds to make up for the difference between the specified limit and the funds made available by insurance.

9.0 Legislation and Regulatory Plan

Even though Ghana in 2015 passed the Nuclear Regulatory Authority (NRA) Act, 2015 (Act 895), the Act was reviewed by the International Atomic Energy Agency (IAEA) as part of the Integrated Nuclear Infrastructure Review (INIR) mission held in Accra in January 2017.

Although the NRA Act embodies most of the principles espoused in the Vienna Convention on Civil Liability for Nuclear Damage in 1997, it became apparent after the review session that there is a need to develop subsidiary legislation to address the specific issue of civil liability.

The Atomic Energy Commission Act, 2000 (Act 588) makes the Commission responsible for nuclear damage resulting from the peaceful use of nuclear energy both on the premises of the Commission and during carriage on its behalf, to or from the premises of the Commission.

10.0 Observation

The Committee observed that the amended Protocol is to provide for a broader scope of operation, increased amount of liability of the operator of a nuclear installation and
Mr First Deputy Speaker 3 a.m.
Yes, Hon Ranking Member?
Mr Clement K. Humado (NDC -- Ho) 3 a.m.
Mr Speaker, I beg to second the Motions moved by the Hon Chairman of the Committee and in so doing, I further explain the differences
in the various Conventions. There are two Conventions which are the same except that one was done in 1963, and the other in 1997 on civil liability for nuclear damage. Those are essentially the same except that we are outstanding in the ratification of these two Conventions.
The Motion numbered 22 on the Order Paper deals with the Joint Protocol on the application of the Vienna Convention and the Paris Convention. In respect of that, the main focus of that Convention has to do with those countries that have adopted the Convention on Civil Liability and Nuclear Damage. It happened that one of the Conventions on this subject matter was done in Vienna, which is the Vienna Convention, and the other was done separately in Paris, which we call the Paris Convention. Some of the Member States have acceded to the Vienna Convention while some have also acceded to the Paris Convention.
The objective of those Joint Protocols to the application of the Vienna Convention is to bring those Member States together, not really to harmonise the two Conventions but there are benefits under each Conventions which Member States could tap into. This third Convention on the Joint Protocol is to enable

Ghana to tap into the benefits of the Vienna Convention and at the same time those of the Paris Convention.

Mr Speaker, for the information of the House, the Vienna Convention sets not less than SDRs 200 million as the insurance threshold while the Paris Convention sets a cap of SDRs 15 million. If we accede to these conventions, we could benefit from either under the Vienna Convention or under the Paris one. This essentially is the call of this Report.

Therefore I urge my Hon Colleagues to support the Report of the Committee. As I said earlier, the technical experts took us through these Conventions, one-by-one, and as a Committee, we are satisfied that these Conventions need to be ratified by the honourable House.

Mr Speaker, with these few comments, I urge the House to adopt the Report of the Committee.

Question proposed.
Dr Emmanuel Marfo (NPP -- Oforikrom) 3:10 p.m.
Mr Speaker, thank you very much. I speak in favour of the Motion to adopt the Report of the Committee. In doing that, I would first remark that it is gratifying that as a country we are making progress on
the use of nuclear energy for peaceful use. Some time ago, whenever you hear of nuclear energy, people shiver because we grew to know that nuclear power was mainly used for war and destructive purposes. However, today, nuclear science has proven to be useful in terms of developing isotopes for the pharmaceutical industry, developing agro technology as well as giving us, probably, the cheapest source of energy.
It is therefore good to know that Ghana has subscribed to this Protocol. It is also good to note that we have a Nuclear Regulatory Authority established to help us work the details of implementing these Protocols that we are subscribing to.
Mr Speaker, one essential thing I would want to say is that, nuclear litigation could be complex because the nature of nuclear science and data is important especially when we are looking at a Protocol that would enable third parties and Member States to claim compensation for damage. We are only able to do that if we are able to prove that indeed, the damage has been caused. Whenever there is a situation where we would want to make such a claim, the question of attribution becomes important because one needs to be able to establish that there is a cause- effective relation to whatever claim
one is making. This is where data becomes important.

So even as we seek to approve this Report and ratify the Resolutions that have been brought to us, it is important that we encourage collaboration amongst the key institutions that are working towards it, especially in building capacity for monitoring and for data collection and analysis, so that if there is any claim whether on our part or any other party, we would be able to establish that indeed, the damage has been caused either by our nuclear programme or by other external nuclear programme and that comes under the ambit of the Conventions that we have discussed.

Mr Speaker, with these words, I would like to support the Motion.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 3:10 p.m.
Mr Speaker, it is important to observe that in 2008, the Cabinet of the Government at the time took a bold decision to add nuclear power to Ghana's energy mix.
In 2010, the succeeding admini- stration implemented that decision. In the event, Ghana is now recognised
as a new comer in the IEA family. As a new comer, a country is expected to adhere to a number of international instruments on nuclear safety, security, safeguards and liability.
Mr Speaker, we are aware Ghana has already ratified many of the conventions on nuclear safety, security and safeguards, but there are four Conventions that we are yet to accede to: The convention for Supplementary Compensation for Nuclear Damage which was passed on 12th September,
2016.
Mr Speaker, in order to satisfy these requirements, Ghana must ratify the remaining three liability Conventions which include disjoint protocol relating to application to the Vienna Convention and the Paris Convention. There is the need for Ghana to ratify this Joint Protocol to establish the relevant treaty and relations with states that are party to the Paris Convention as a road map to the provision from mutual extensions of the benefit of the special regime of civil liability for nuclear damage set forth under each of the Conventions.
Mr Speaker, in 2015, Russia was looking for a West African country to assist in the development of an alternative energy source. They were looking at the appropriateness of the
RESOLUTIONS 3:10 p.m.
Chairman of the Committee (Mr Yaw Frimpong Addo) 3:10 p.m.
Mr Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved according.
Protocol to amend the Vienna Convention on the Civil Liability
for Nuclear Damage (1997)
Deputy Minister for Environ- ment, Science, Technology and Innovation (Ms Patricia Appiagyei): Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 75 of the Constitution any treaty, agreement, or convention executed by or under the Authority of the President in the name of Ghana is made subject to ratification either
by an Act of Parliament or by a Resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament.
In accordance with the said article 75 of the 1992 Constitution of Ghana, the President has caused to be laid before Parliament through the Minister responsible for Environment, Science, Technology and Innovation, the Protocol to Amend the Vienna Convention on the Civil Liability for Nuclear Damage (1997) on 28th January, 2020.
NOW THEREFORE, this honourable House hereby resolves to ratify the said Protocol to Amend the Vienna Convention on the Civil Liability for Nuclear Damage (1997).
Chairman of the Committee (Mr Yaw Frimpong Addo) 3:10 p.m.
Mr Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved according.
Mr First Deputy Speaker 3:10 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 3:10 p.m.
Mr Speaker, at this stage, we are still waiting for the Report from the Committee on Constitutional, Legal
Mr First Deputy Speaker 3:10 p.m.
Very well.
Yes, available Hon Leader for the Minority?
Mr Ayariga 3:10 p.m.
Mr Speaker, I was about to object to the short break -- [Interruption] -- Of course, I can object to the short break. I support the decision.
Mr First Deputy Speaker 3:10 p.m.
Very well; the House is accordingly suspended and --
rose
Mr First Deputy Speaker 3:10 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 3:10 p.m.
Mr Speaker, before we suspend, I think it is important because of what is happening so that we make it known
to Hon Colleagues who have travelled outside that upon their return, they are not welcome here; they should stay outside to enable a period of purging to take place before they come back here.
Mr Speaker, as I speak, in the case of Hon Robert Baba Kuganab-Lem, the Hon Member for Binduri, who has just arrived, communication should go to him that he should stay outside. He arrived by Ethiopian Airways from Tokyo.
Mr Speaker, Hon Naser Toure Mahama would come tomorrow from India. Information should go to him that Parliament would be Sitting tomorrow.
Mr Speaker, there are some staff members who have also been advised to stay out, including the spouses of some of them. They are Mr Joseph Ekow Acquah, who went to Nigeria; Mr Asante Amoako-Atta, who went to Niamey; Ms Florence Bedford, Abdul-Fatawu Alhassan, Emelia Sawyerr and Ms Stella Bonney.
Mr Speaker, the advice is that these people should stay outside for the time being before joining us. They would be given a certificate of clearance to come back. It is important that --
Mr First Deputy Speaker 3:10 p.m.
Hon Leader, I thought that there were arrangements at the airport to have those people self-quarantined.
Yes, Hon Minister for Health?
Mr Kweku Agyeman-Manu 3:20 p.m.
Mr Speaker, I would want to respond to the request made by the Hon Majority Leader. This should not even have come to your notice at all because we have put in place guidelines for all Ghanaians who are coming back into the country.
If a person is profiled at the airport and he is a bit up-class like some of us, then we would allow him to do self-quarantine under the supervision of the health authorities. The health workers would be guided to come to where the person lives to monitor him. They would also link the person to the health authorities in his area, so that they could check on the person and observe him in that respect.
Now that the Hon Majority Leader is making this request, I may want to take their details and their contact numbers to pass it on to our workers who are in charge of this work to trace them. If they even happen to meet them at the airport, they would guide them
to their homes and continue to monitor them for two weeks.
Mr Speaker, this should not be directed to only our Hon Colleagues who are coming in . It should be directed to all of us. If a person has not travelled but has cause to believe that he has come into contact with somebody who might have been diagnosed, the person does not need anybody to ask him to go into self- quarantine. He should do that voluntarily, such that he takes himself from the challenge that we have.
The disease is not very fatal, but the rate at which it spreads is quite frightening. Therefore we should all keep ourselves away from contacts and stop moving from place to place, especially those of us who like to visit Hon Members of Parliament.
Mr Speaker, I think that was what the Hon Majority Leader should have added. He should have added that those who go into the homes of Hon Members of Parliament should stop doing so, at least for now. [Laughter] -- This is because we do not know where those who visit us live, and we do not know who their relatives are. We also do not know whether they have come into contact with an infected person or not.
The work we do is very hazardous, and this includes the Hon Speaker
Mr First Deputy Speaker 3:20 p.m.
Where does the communication come in?
Mrs Owusu-Ekuful 3:20 p.m.
Mr Speaker, my husband just returned from the United Kingdom (UK). He is in self-isolation; separated from the rest of the household, including his spouse whom he has not seen for a few weeks.
It is incumbent on all of us to act to protect the rest of us, and we cannot
be too careful. I am a living example of the fact that self-quarantine is possible, and that isolation from the rest of the household is imperative.
My husband now lives in a room by himself -- [Interruption] -- I am absolutely certain. We have imposed quarantine on him, and he has willingly accepted it. This is because he is mindful of the health of his household. He knows that he may have been unwittingly exposed to an infected person. So while we wait to see whether or not he has been exposed, it would not be the time for him to mix with everyone.
This goes to all of us. I agree with the Hon Minister for Health that we should all limit our visits, and if it is not absolutely essential, then we should stay at home. [Interruption] -- It is important.
My husband also understands the need for what is happening in the house to be done. So it is incumbent on all of us to take the measures that have been put in place by His Excellency the President seriously. It is not a joking matter, and it does not make any exception for anybody. We are all potential victims, and we are all at risk, unless we err on the side of caution. It is better to be safe than sorry.
Mr First Deputy Speaker 3:20 p.m.
Hon Minister for Railways Development, were you at the bar conference held at Sekondi in 2003? In 2003, I think we held it at the Elmina Beach. I hope you remember Justice Lartey's story about coming down to kill you.
Hon Minister for Health, I hope you are keeping the two-metre rule of distance. This is because I think that the Hon Minister for Communications is too much of a risk. [Laughter].
Yes, Hon available Minority Leader, you wanted to make a comment?
Mr Ayariga 3:20 p.m.
Mr Speaker, I thought that the directives of the President are clear enough, but I sense that the Hon Majority Leader wants to amend the directives. He just amended it.
The directives indicated that if a country had a certain number of reported cases of Coronavirus, then people who come from that country should be quarantined, and non- Ghanaians should not be admitted.
Mr Speaker, Abuja has not reported that number, and Niger, Niamey has also not reported that number. The Hon Majority Leader has, however, directed that those of
us who just came from Niamey should be quarantined. I think that the Hon Majority Leader has just amended the President's directives, and so we would need to have clarity on this matter.
Mr Speaker, the most important one is the one that says that there should not be a gathering of more than 25 people. Since Monday, I have been drawing the attention of the Hon Majority Leader that we are more than 25 people in this Chamber.
Mr Speaker, we would help to reduce the number so that we would meet the President's directives. When we look into the Chamber and realise that the numbers are more than 25, then some of us would withdraw so that we can continue to comply with the President's directives.
Mr Speaker, on a more serious note, I saw the President this morning on television praying for the nation, but the people that were gathered to pray were more than 25 people. [Interruption] -- From the position of the camera --
Mr First Deputy Speaker 3:20 p.m.
Hon Ayariga, hold on. The Hon Minister for Health has raised a point of order.
Mr Agyeman-Manu 3:20 p.m.
Mr Speaker, I just want to inform Hon
Mr First Deputy Speaker 3:20 p.m.
Point well noted.
Mr Ayariga 3:20 p.m.
Mr Speaker, sometimes this problem arises because cameras use different angles to capture a crowd. At times it becomes -- not a case of optical illusion, but this is a camera capturing a crowd so, it is difficult to tell.
Mr Speaker, however, on a more serious note, I think that the issues raised are very important, so all of us should help to enforce the directives. I think that later when we get to debate the legislation that is being proposed to enforce the directives or create a framework for the implementation and enforcement of the directives, we would have the opportunity to say more about this threat that confronts all of us.
Mrs Owusu-Ekuful 3:20 p.m.
Mr Speaker, there is some misconception also going around which I think we need to cure. The President did say in his directive that we should discourage meetings of people over 25, but that normal work can continue if we observe the social distancing rules. This means, we have to keep a minimum of two metres in-between those we come into contact with.
It does not mean that nobody at all can work. If that were what he meant, then it would mean that Parliament ought to close. However, normal work can still continue while we put in place the social distancing rules which means that we keep a distance between ourselves. So the National Identification Authority (NIA) can continue doing their registrations if they observe the social distancing rules.
3. 30 p. m.
Mr First Deputy Speaker 3:20 p.m.
Hon Minister, I do want us to do that political commentary in the Chamber now. Thank you.
It has been already politicised, so I would not bring it to the Chamber.
Hon Members, the House is accordingly suspended till 4.30 p. m.
Mr First Deputy Speaker 3:20 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 3:20 p.m.
Mr Speaker, we could start with the item numbered 9.
Mr First Deputy Speaker 3:20 p.m.
Hon Majority Leader, what item did you mention?
Mr Kyei-Mensah-Bonsu 3:20 p.m.
Mr Speaker, item numbered 9.
Mr First Deputy Speaker 3:20 p.m.
Item numbered 9; it is my Report, so you could move it on my behalf.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu on behalf of the Chairman of the Committee) 3:20 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed
Minority Leader (Mr Haruna Iddrisu) 3:20 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 3:20 p.m.
Hon Members, item numbered 10?
MOTIONS 3:20 p.m.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu on behalf of the Chairman of the Committee) 3:20 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee of the Whole on the Proposed Formula for Distributing the District Assemblies' Common Fund (DACF) for the Year 2020.
Mr First Deputy Speaker 3:20 p.m.
It does not end with an “r''. If it is plural, it ends with an “e'' after the “a''.
Mr Kyei-Mensah-Bonsu 3:20 p.m.
Mr Speaker, I beg to present your Committee's Report.
1.0 Introduction
The Proposed Formula for the Distribution of the District Assemblies' Common Fund for the Year 2020 was presented to Parliament by the Majority Leader and Minister for Parliamentary Affairs. Hon Osei Kvei-M ensah-Bonsu on Friday 13th March, 2020 in accordance with article 252 of the 1992 Constitution, and sections 125 and 129(a) of the Local Governance Act, 2016 (Act 936). The Proposed Formula was referred to the Committee of the Whole for consideration and report.
The Committee met on Tuesday 17th March, 2020 and considered the referral. The Committee is grateful to the Minister for Local Government and Rural Development, Hon Hajia
Alima Mahama, the Administrator of the District Assemblies' Common Fund, Ms Irene Naa Torshie Addo as well as officials from the District Assemblies' Common Fund Secretariat for their invaluable contribution during the deliberations on the proposed Formula.
2.0 References
In considering the Formula, the Committee made reference to the following documents:
i. The 1992 Constitution of the Republic of Ghana;
ii. The Local Governance Act, 2016 (Act 936);
iii. Appropriations Act, 2020 (Act 951);
iv. The Standing Orders of Parliament; and
v. The 2019 Report of the Committee of the Whole on the Proposed Formula for Sharing District Assemblies Common Fund.
3.0 Background
Article 252 of the 1992 Constitution and section 126(1) of the
Local Governance Act, 2016 (Act 936) enjoins Parliament to make provision for the allocation of not less than 5 per cent of the total revenue of the country to the District Assemblies Common Fund for the implementation of development programmes in the Metropolitan, Municipal and District Assemblies (MMDAs).
Section 129(a) of the Local Governance Act, 2016 (Act 936), enjoins the Administrator of the Fund to propose annually for the consideration and approval of Parliament, a formula for the distribution of DACF.
4.0 Principles Underlying the Formula
In developing the Formula, the Administrator was guided by the “Basic Needs” approach to development with the following indicators:
Health Services;
Education Services;
Water Coverage;
Tarred Roads Coverage;
Service Pressure; and
Equality.
Under this approach, MMDAs with more facilities/services receive less in order to bridge the development gap among the Assemblies.
In addition to the Basic Needs Factor, the Formula also takes into account the Responsiveness Factor of MMMDAs to their own revenue generation and service delivery. It was observed that when local authorities expect sizeable grants from the central government they relax in their efforts to improve on their local revenue generation.
Consequently, central Government transfers such as DACF serve as a disincentive to local revenue mobilisation efforts. The Respon- siveness Factor is therefore used to serve as an incentive to MMDAs to double their efforts towards revenue mobilisation.
5.0 Proposed Weighting Scenario
Three different scenarios of weighting were presented to the Committee as shown in Table 1.
Mr Edwin Nii Lantey Vanderpuye (NDC -- Odododiodio) 3:20 p.m.
Mr Speaker, I beg to second the Motion moved by the Hon Majority Leader on the disbursement of the DACF and the Report of the Committee of the Whole.
Mr Speaker, in reference to the Report of the Committee, I would want to commend the Administrator of the Common Fund for being proactive in the issue of COVID-19. However, I would want to plead, that this should be an experience for all of us on the need for us to strengthen the MMDAs to enable them offer the needed sanitation management in their respective areas, so that in any situation like this, it would not be for us to now go to the formula of the Common Fund.
Mr Speaker, assuming we had already passed the Formula before this happened, it would have been very difficult for the MMDAs to mobilise the resources they would require in order to fight this COVID-19 or any other pandemic for that matter.
Mr Speaker, the other issue has to do with sanitation. Provision has been made for sanitation management. However, I would want to reiterate once again in this House, that the
sanitation situation in the country is not good. As such, it is my wish, that we would have had more in order to look at how we would aim at replicating the recycling plants in Accra for both solid and liquid waste in other regional capitals especially, Tamale, Sekondi- Takoradi and Kumasi.
Mr Speaker, it is my hope and prayer that next year, we would be able to look at this very well and try to set something apart to finance such worthy programmes especially in our regional capitals.
Mr Speaker, in concluding, I would want to say that an allocation of GH¢100 million was approved for local Government Special Projects. It is a lofty idea, but we would want to see equitable access to this fund.
This fund is for the development of Ghana through our MMDAs, and we would plead that we see every part of this country get access to this. This fund should not be politicised. Projects should not be looked at with political lenses but rather with national outlook.
Mr Speaker, I believe that it would be good for all of us if our rural communities benefitted from the intended development projects captured under this particular item.
Mr Speaker, with these few words, I would want to thank the Administrator for the formula and the Committee of the Whole for going through and bringing a Report asking the House for approval.
Deputy Minister for Local Government and Rural Development (Mr Augustine Collins Ntim) (MP): Mr Speaker, I thank you for the opportunity to speak to the Motion on the Floor.
Mr Speaker, looking through the Report presented to this House and then relating it to the previous ones, one realises that, generally, there is not much variation when it comes to the content, the mode of application and allocation. The only major difference has to do with the additions that we have and the innovations on the issues of trying to resource people with disability.
Mr Speaker, it is very important that inasmuch as we are looking at the able people in society, we also pay special attention to people with disabilities, particularly, those with special needs. I am happy that this budget looks at enhancement in the allocation to people with disabilities.
Mr Speaker, we are not only looking at how we would get a direct transfer, but how we would be able
to develop their capacity and skills and by also looking at how we would also have them in certain institutions within certain districts that would address their needs.
Mr Speaker, in addition to empowering them with such skills, we are also looking at how we would be able to give them start-up packages and this is something laudable.
Mr Speaker, as you rightly said, local government initiatives is also an innovation we are bringing on board. It is supposed to address certain challenges and gaps in the distribution and development of critical interventions, particularly with the poor districts in rural development.
Mr Speaker, we have the Ministry of Local Government and Rural Development. Hitherto, emphasis has been on local governance. We would want to turn the situation right, by looking at programmes that would address the challenges, particularly by empowering the people in the rural districts. We are making provision of GH¢10 million to address that. This would support some interventions like raising of seedlings and small bulk homes. I think that it is good.
Mr Speaker, the other interven- tions we are bringing on board have to do with support to the judiciary
Mr Benjamin Komla Kpodo (NDC -- Ho Central) 6:38 p.m.
Mr Speaker, my first point has to do with some small arithmetic correction on page 3, item 6.0. The Appropriation Act, appropriated an exact figure which is GH¢2,312,706,550.00 and so, when we come to item 6.0, we should correct it to reflect the exact
amount which was appropriated in the Appropriation Act.
We would realise that the table shows the exact amount, but in the write-up, there is an approximation to GH¢2,313,000,000.00 and I think that the Table Office should check and correct that for the purpose of maintaining the records of the House.
Mr Speaker, generally, we have addressed most of the issues here but the issue raised by my Hon Colleague on the other Side about sanitation -- it is true that we cannot depend entirely on the DACF allocations in order to carry out sanitation activities. However, one of the major agencies that is involved in sanitation activities is the Youth Employment Agency (YEA). That is why the exact amount that has been legislated for it, should be given to it and then it can slightly enhance the Fund for sanitation activities.
Yesterday, when we were considering it, Hon Ras Mubarak raised the issue and I was thinking that maybe, we would at least add that to the 10 per cent as it is in the law. We have maintained it, however, and the Administrator has pledged, that in subsequent years, she will keep to that. This is because she told us in a meeting that arrears have been
accumulated over the years and by raising this Fund alone to what has been allocated in the law, that will help reduce the arrears that have been accumulated.
Mr Speaker, the point I am making is with regard to item 7.6 in the Report. We talked about providing information on actuals. It is not envisaged that in the presentation of the Formula, the administrator will give details of actuals but it is a presentational format. If we consider the presentation of the annual budget, at the end of the budget, we will notice from that fiscal tables, the budget amount, the revised budgeted amount and the projected outturn.
So I was calling for the creation of an additional column for the budgeted amount for the year 2019. That is, as at the time the presentation was being made, those were the provisional outturn, so that we will know what is happening to the Fund before a detailed presentation is made about its performance.
If we take the national Budget Statement into account, we would find out that it is the Hon Minister for Finance who makes the presentation, but with the mid-year review, he brings details of the performance. He is also required in the following year by 1st March, to provide for this
Mr Ignatius Baffour Awuah (NPP -- Sunyani West) 6:38 p.m.
Mr Speaker, I support the Motion ably moved by the Hon Majority Leader for the approval of the distribution of DACF for the year 2020.
In doing so, I just want to add, that the Administrator of the DACF came to the House to present the proposed Formula but not to do a performance appraisal. Indeed, she admitted her readiness to present a performance appraisal anytime she was called upon, but what she came to seek our permission to do here, was just to propose a Formula for adoption by this very House. That is exactly what she did to the best of her ability and to my admiration.
Mr Speaker, I also want to observe, that in a more progressive way, this Formula seeks to transmit more funds to the Districts for their developmental projects than, perhaps, keeping them here at the centre, even though I agree that a share of 50 to 50 can be improved upon. However, comparing this to previous years, I think that we are actually making progress and that we should be able to urge the Administrator to work towards transmitting more funds for local level development initiatives.
I think that this Formula is good it meets some of the aspirations of the
nation and I therefore urge everybody to vote for it and accept it as the Formula for the year 2020.
Minority Leader (Mr. Haruna Iddrisu) 6:48 p.m.
Mr Speaker, thank you for the opportunity. I urge my Hon Colleagues to support the approval of the DACF and note that article 252(2) of the 1992 Constitution provides that; “five per cent of total revenue be made available to the
DACF.”
Mr Speaker, probably, it is about time we allowed for an independent calculation of the total revenue, as reflected in the Supreme Court ruling of Kpodo vs Quashigah, so that we would know with certainty, what the five per cent of the Fund is entitled to. Our decentralised structure which is recognised under the Constitution, depends heavily on the DACF and Hon Members of Parliament also depend on the DACF.
Mr Speaker, it is commendable that the Administrator, together with this House, are beginning to correct a wrong in governance, which is that consistently over the years, the allocation of the DACF focused on two of the three co-equal arms of government. It has always been about
the Executive and the Legislature. I know that since last year, some provision has now been made to support the judicial arm of Government to improve court infrastructure and residential accommodation to improve the administration of justice.
Mr Speaker, we have to keep an eye on that to ensure that this would become a rule of thumb in subsequent years. Whatever money goes into the execution of government policies and goes to Hon Members of Parliament and district assemblies to undertake social and economic development, the Judiciary would receive a fair share. This is why I have noted with satisfaction that paragraph 7.5 on page 5 of the Report is on the issue of “Construction of Courts/ Residential Buildings”.
Mr Speaker, in the very last working days of Justice Sophia Akuffo as the Chief Justice of the Republic, I went to bid her farewell and she shared with me a very encouraging map of what she wanted to see as the landscape of improved court infrastructure in our country. I believe that Justice Anin-Yeboah would adopt same and even improve upon it.
Mr Speaker, I beg to read paragraph 7.6 on page 6 of your
Mr Speaker, there is another correction at paragraph 7.3 on page 4 which reads 6:48 p.m.
“The Committee observed that an amount of GH¢60 million has been allocated under the Formula to cater for sanitation issues and public health outbreak …”
What is “public health outbreak”? Again, I have a difficulty accepting this because if it is a pandemic of Coronavirus that they want to deal with, they should say so.
Mr Speaker, the Hon Minister for Local Government and Rural Development has good initiatives and special projects, but we would want to know what the Hon Minister would do with the moneys allocated for special projects. Would they be used for markets? If so, where would they be and what would be their value so that we can exercise oversight? The initiative is laudable for the Ministry to intervene, but we hope that the Ministry would have in mind, deprived district assemblies. These assemblies should be mother beneficiaries of this initiative and not the already rich or well-placed district assemblies.
Mr Speaker, as I travel around the country, there is demand for improved toilet facilities and we would have to pay attention to this issue even as we deal with the Coronavirus pandemic. In my religion, we say cleanliness is next to godliness. I think that we should have a different attitude when we are dealing with matters of sanitation.
Again, the Hon Minister provided a response that the problem was big. Mr Speaker, it is not big. There is still duplication in the system where toilets are being built by the Ministry of Sanitation and Water Resources, as well as the Ministry of Local
Government and Rural Development, and the Ministry for Special Initiatives. There must be some coordination. For all intents and purposes, the right Ministry to manage issues relating to sanitation is the Ministry for Local Government and Rural Development and I think that the Hon Minister must take ownership. The situation where other Ministries are building toilets and boreholes is certainly not a good practice for our country in ensuring value for the taxpayers' money.
Mr Speaker, generally, I give commendations to the Administrator for demonstrating --
Finally, but for the boldness of Hon Kpodo and others, the Ministry of Finance -- not just under this current Hon Minister -- probably took this House and the people of Ghana for granted in the computation of total revenue and what is deserving. The Hon Minister came to this House to amend the capping law, but that law is not good today and would not be good tomorrow. Mr Speaker, he is now taking back what used to be earmarked revenue. This used to cripple the DACF, and it is crippling the GETFund and other Funds. I think that if there is no money, he should say so and not cap, then go behind the capping and even spend more.
Mr First Deputy Speaker 6:48 p.m.
Majority leadership?
Hon Minister for Local Govern- ment and Rural Development?
Minister for Local Government and Rural Development (Hajia Alima Mahama) (MP) 6:58 p.m.
Mr Speaker, I beg to support the Motion ably moved by the Hon Majority Leader.
The Administrator, supported by myself, presented to the Committee of the Whole the Proposed Formula. Mr Speaker, questions were asked and we responded adequately and also talked about performance. The conclusion was that the Committee on Local Government and Rural Development has the mandate to call on the Administrator and the Ministry to present performance reports at any point in time.
However, on this particular issue, we came to the House under article 252 of the 1992 Constitution, to present the Formula for the distribution of the DACF for the year 2020 and not to present a
performance report on the Administrator or the MMDAs. Mr Speaker, this was the assignment and I note that at any point in time, Parliament can call on us to bring a performance report at the Committee level or plenary.

Again, we explained that the special projects of the Ministry were intended to fill in certain gaps. For example, we would focus the aspect on rural development on the poor and vulnerable districts, especially the new districts that have been established and do not have certain essential infrastructure and social services needed. That is where the emphasis would be. We would be filling in these gaps and this was adequately explained. So I think it is being raised here just for the records.

Mr Speaker, again, on the education policies, we said there would be some gaps especially in furniture. All Hon Members of Parliament (MPs) are aware that any moment there is an issue of furniture, the Common Fund is able to support various districts, especially the deprived and vulnerable districts to be able to put in furniture in schools at any point in time.

Mr Speaker, sanitation is a matter to be addressed by Government, and we have taken the decision to have a

specific Ministry focusing on that area. On the issues of recycling plants among others, it is not the Common Fund that should support all matters of sanitation. National revenue could be used to deal with issues of sanitation. So it is not everything under sanitation that must be funded under the DACF. The DACF is just about five per cent of the national revenue, and sanitation is one of the key factors. The Ministry of Sanitation and Water Resources actually sets up its budget, decides on its project and funds are appropriated for the purposes of sanitation in the country at any point in time.

Mr Speaker, this Formula is to enable us address some gaps, support all MPs and all the district assemblies and ensure that certain areas that are usually not catered for are done. Some examples are; supporting the district assemblies to establish courts for their districts and supporting them to put in certain essential social services that are key for their communities.

I therefore entreat Hon Members to vote massively for this Formula and to support the Report presented on the Formula.

Question put and Motion agreed to.
Mr First Deputy Speaker 6:58 p.m.
Hon Majority Leader, what is next?
Mr Kyei-Mensah-Bonsu 6:58 p.m.
Mr Speaker, there is an Order Paper Addendum before us. Firstly, it involves the presentation of a Paper. So we may attend to the Order Paper Addendum now.
Mr First Deputy Speaker 6:58 p.m.
Order Paper Addendum, item numbered 1 -- Presentation of Papers, by the Chairman of the Committee.
PAPERS 6:58 p.m.
Mr First Deputy Speaker 6:58 p.m.
Item numbered 2 - Motion. Hon Chairman of the Committee?
Chairman of the Committee (Mr Ben Abdallah Banda) 6:58 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1), which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report on the Committee on Constitutional, Legal and Parliamentary Affairs on the Determination of the Urgency of the Imposition of Restrictions Bill, 2020 may be moved today.
Mr Ebenezer Kojo Kum 6:58 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
MOTIONS 6:58 p.m.
Chairman of the Committee (Mr Ben Abdallah Banda) 6:58 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Constitutional,
Legal and Parliamentary Affairs on the Determination of the Urgency of the Imposition of Restrictions Bill, 2020.
Mr Speaker, in so doing, I present the Committee's Report.
1.0 Introduction
The Imposition of Restrictions Bill, 2020 was laid in Parliament by the Hon Attorney-General and Minister for Justice, Ms Gloria Afua Akuffo on Wednesday, 18th March, 2020 in accordance with article 106 of the 1992 Constitution.
Consequently, the Bill was referred to the Committee on Constitutional, Legal and Parliamentary Affairs for consideration and report pursuant to Order 179 of the Standing Orders of Parliament.
The Committee was further tasked to determine the urgency or otherwise of the Bill in accordance with article 106(13) of the Constitution and Order 119 of the Standing Orders of the House.
2.0 Deliberations
The Committee met with the Hon Attorney-General and Minister for Justice, Ms Gloria Afua Akuffo, the Hon Deputy Attorney-General and Deputy Minister for Justice, Mr
Joseph Dindiok Kpemka and Officials of the Ministry to consider the urgency or otherwise of the Bill.
The Committee is profoundly grateful to the Hon Attorney-General and Minister for Justice, the Deputy Attorney-General and Deputy Minister for Justice, and the Officials for clarifying issues raised by Hon Members of the Committee at the Meeting.
3.0 Reference Documents
The Committee referred to the following documents during the deliberations:
i. The 1992 Constitution of the Republic;
ii. The Standing Orders of Parliament;
iii. The Public Health Act, 2012 (Act 851);
iv. The Imposition of Restrictions Bill, 2020; and
v. The Directives announced by the President, included that of 15th March, 2020, imposing ertain temporary measures to combat the COVID-19 pandemic.
4.0 Observations
4.1 Concerns of Some Minority Members
It was observed by some Members that the Bill is too broad and not Coronavirus specific. They submitted that the Bill seems to endow the President with unfettered powers which could be subject to abuse. Also, given the fact that article 31 of the 1992 Constitution and the relevant provisions of the Public Health Act, 2012 (ACT 851) and the Ghana Immigration Act provides for emergency powers for public safety, public health and other matters relating to the entry of non-Ghanaians into the Country, the Members therefore wanted to know the lacuna that the new law is supposed to fill.
Another concern raised by the Minority was the absence of checks and balances in the Bill. Yet another concern was the perception by the Minority of the unconstitutionality of the Bill.
It was however explained to the Committee; that the Bill is purposed to be futuristic to provide a broad framework for current and future emergencies. In view of the overwhelming threat and the fluidity
Alhaji I.A.B. Fuseini (NDC -- Tamale Central) 7:08 p.m.
Thank you, Mr Speaker. I beg to contribute to the Motion on the floor of the House -- [Interruption] -- before I con- tribute, I second -- [Interruption]
Mr First Deputy Speaker 7:08 p.m.
Hon Member, why have you resumed your seat? You stood up and I gave you the Floor.
Alhaji I.A.B. Fuseini 7:08 p.m.
Mr Speaker, I beg to contribute to the Motion on the floor of the House. [Interruption] -- I am not seconding because I have a dissenting view -- [Interruption]
rose
Mr First Deputy Speaker 7:08 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 7:08 p.m.
Mr Speaker, after a Motion is moved, it must be seconded before it becomes competent for the entire House to debate it.
When the Hon Member who has just sat down got up, he said, “I second it”. Mr Speaker, he has not taken his words back. He said, “I second it.” It is for the record. If he is now saying that he wants to retract, then that is a different matter, but that was what he said.
Mr First Deputy Speaker 7:08 p.m.
Yes, Hon Ranking Member?
Alhaji I.A.B. Fuseini 7:08 p.m.
Mr Speaker, I stood up to contribute to the Motion, but my attention was drawn to the fact, I could not contribute to the Motion without seconding it. I feel constrained in seconding the Motion. So if I said that I second the Motion, I take my words back. [Laughter]
Mr First Deputy Speaker 7:08 p.m.
Yes, Hon Member for Ahanta West?
Mr Ebenezer Kojo Kum (NPP -- Ahanta West) 7:08 p.m.
Thank you very much, Mr Speaker. I beg to second the Motion on the floor of the House.
Mr Speaker, at the time His Excellency the President addressed the Nation, the Coronavirus had not hit the country. Subsequently, when H. E. addressed this nation the second time, the situation had changed, and currently as we speak, the situation has changed. I do not think that any of us in this House would agree that we are in normal times. Indeed, the President himself has indicated that we are not in normal times and that is why it is germane that we treat this Bill with all the urgency that it deserves. As a nation, we cannot stand by for this virus to overtake us before we do our duty as legislators.
I would therefore implore all my Hon Colleagues to adopt this Report, so that the Bill would be taken in accordance with article 106 of the 1992 Constitution.
Mr Speaker, I am most grateful.
rose
Mr First Deputy Speaker 7:08 p.m.
Yes, Hon Member?
Alhaji Inusah A.B Fuseini (NDC -- Tamale Central) 7:18 a.m.
Thank you, Mr Speaker, for the opportunity to contribute to the Motion on the floor of the House.
The opposition to this Bill being taken under a certificate of urgency is founded on the Standing Orders, the Constitution and the practice of the House.
Mr Speaker, we have been told in the Report that this Bill is intended to provide a broad framework to deal with future occurrences of similar nature. If we intend to lay a framework to deal with future emergencies l think it is only proper to take steps to build the resilient legal system and regime to deal with that and that is why we ought to take this under a certificate of urgency.

Mr Speaker, the second most important point is that the way this Bill has come to this House clearly excludes many requirements that must conform to the Constitution. The requirement that the fundamental rights of the citizens of this country must be respected and upheld at all times except when the law provides

for the rights of a person to be taken away. Therefore the taking away of that right must be in accordance with procedure.

Mr Speaker, the Bill in its current form has no procedural limitations on the exercise of powers which can overarch the enjoyment of fundamental rights of a person in this country. As a Parliament, we would need to take time to provide --
Mr First Deputy Speaker 7:18 a.m.
Hon Member, hold on.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 7:18 a.m.
Mr Speaker, the Report before us has to do with the determination of the urgency or otherwise of the referral. With where my Hon Colleague is going now, he has already started to debate the principles as if we are doing a Second Reading of the Bill. He is jumping the gun.
Mr Speaker, if we do not prevent him from doing what he is doing -- somebody says that he should subject himself to quarantine. [Laughter] -- On a more serious note, I think that the Hon Member is jumping the gun. We are not there yet at all. Where we are now has to do with whether the Bill is fit to be taken under a certificate of urgency. That is all. The
Hon Member is debating the principles already, but we are not there yet.
Mr Iddrisu 7:18 a.m.
Mr Speaker, I have heard the Hon Majority Leader. This is the Parliament of Ghana; a guardian of the fundamental human rights and freedoms. The matter before us is an onerous one of an amendment to the 1992 Constitution, so speaking, by an enactment. [Interruption]
Mr Speaker, whether urgency or not, article 21(4) (c) and (d) are not my words. They are constitutional; so, what are we talking about? The Hon Ranking Member is only justifying why in his view, the letter from the Attorney-General and the letter from the President should not be treated as an urgent matter.
Mr Speaker, it is not about the principles. He must provide justification. We have been here when I conveyed to the people of Ghana that under this extraordinary circumstance, the President deserves our collective support. However, in giving him that support, we would not give him unfettered powers.
If they would want us to look at this matter with a national perspective, then we would do so. If they would want us to deal with it with a partisan
perspective, we would do so, but let us be reminded that the people of Ghana, the citizens whose trust we have today are concerned about how this Parliament can secure and protect their lives and safety.
They are not interested in our partisan debate; so what the Hon Ranking Member is doing is to justify why he does not consider this Bill urgent. In any case, the Hon Chairman of the Committee was the one who shared the view that we are in dissent. He used the word “perceived”; they perceived that it is unconstitutional. The Hon Ranking Member wants to now lead the debate to justify why he thinks that it is unconstitutional.
Mr Speaker, on this matter, we should proceed cautiously with the people of Ghana in mind. There is no winner in this matter. We have been in Government before so we cannot be frightened about being in Government and being the Majority.
Mr Speaker, if they would want us to approach this matter divided, then we would encourage them to do that. [Uproar] -- You should leave the Hon Ranking Member to justify why he thinks that it is not urgent?
Mr First Deputy Speaker 7:18 a.m.
Hon Minority Leader, thank you.
Mr Speaker, it states, and with your permission I read 7:28 p.m.
“No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.”
Mr Speaker, nowhere in the Constitution is power conferred on the President to determine an offence and provide for its penalties. So, that is why we cannot take this Bill under a certificate of urgency. We would need to take our time to build a regime that would be consistent with the human rights practices.
Mr Speaker, lastly, we do not also think that there is a lacuna anywhere. Article 106 of the Constitution imposes some obligation on the promoters of a Bill to show through the explanatory memoranda, the defects in the existing law. This Bill does not show us any defects which would compel us to come to the conclusion that it is urgent.

Mr Speaker, they did not show us any defect so if the explanatory memoranda had said -- [Interruption]-- that it was dealing with the Coronavirus and the virus was spreading and that the President's legal regime which manifests itself in the Public Health Act is unable to deal with the Coronavirus so they are coming under the certificate of urgency to deal with the Coronavirus, that would have persuaded some of us; but there is nothing like that.

Mr Speaker, all in all, I think that in supporting the President to fight the spread of the disease, we must not close our eyes and shirk our responsibilities as a House in ensuring that we stand as a bulwark against dictatorship and; against arbitrary use of power.

We must not constitute our President into an “authoritarian dictator”; we must not give our President a loaded gun to fire at will; it would be dangerous for this country. It would be dangerous for the people of this country and it would be dangerous for the enjoyment of the rights and freedoms of the people of this country.

I thank you, Mr Speaker.
Mr First Deputy Speaker 7:28 p.m.
Yes, Hon Minister for the Interior?
Minister for the Interior (Mr Ambrose Dery) (MP) 7:28 p.m.
Mr Speaker, I think the learned Hon Colleague in his submission mentioned me --[Interruption]-- as a person who has taken article 19 to the Supreme Court therefore I have the right to comment and put him in context.
Mr First Deputy Speaker 7:28 p.m.
Hon Minister, if he said anything which was incorrect, I will give you the opportunity to correct it. Otherwise, please, let the debate continue.
Mr A. Dery 7:28 p.m.
I thank you, Mr Speaker. This Motion is about the urgency of this Bill and this Bill is about the Coronavirus -- COVID 19 --[Interruption]-- Mr Speaker, they should allow me to land; it is an emergency situation that we are confronted with. The whole world appreciates that it is an emergency situation.
Mr Speaker, let me address the wrong perceptions; it is constitutional and indeed, it is --
Alhaji Muntaka 7:28 p.m.
On a point of order. Mr Speaker, my Hon Colleague is grossly misleading this House. When he said this Bill is about the Coronavirus, I would like him to
- 7:28 p.m.
Mr First Deputy Speaker 7:28 p.m.
Hon Leader, I regret that I would have to rule you out of order; your interpretation and his interpretation is different.
Hon Minister, please, continue.
Mr A. Dery 7:28 p.m.
Mr Speaker, it is known that this is an emergency situation worldwide. If Ghana is the
Mr First Deputy Speaker 7:28 p.m.
Hon Members, I would take one contribution each and I would come to Leadership.
Yes, Hon Member for Bawku Central?
Mr Mahama Ayariga (NDC -- Bawku Central) 7:38 p.m.
Thank you very much, Mr Speaker. As indicated by the Hon Minister for the Interior, our nation is confronted with a very deadly challenge.
Our President addressed the country on Sunday and in his address, he outlined a number of measures; measures that are far-reaching in terms of how sweeping they are in curtailing and restricting rights.
Measures that nevertheless across the country, have been supported, accepted and implemented by most people.
Mr Speaker, when the President addressed the country, he indicated that legislation would be enacted to implement the measures. He said this on Sunday and on Monday, Tuesday and Wednesday, the legislation did not come to the House. Today is Thursday and a Bill has been brought to the House.
The people who mentioned that they would bring a legislation as far back as Sunday and did not bring it on Monday, Tuesday or Wednesday and have brought it on Thursday want to tell us that even though it took them four days to make a legislation, we should urgently work on that legislation --
Mr First Deputy Speaker 7:38 p.m.
Hon Member, for the record, the Bill was laid in the House on Wednesday.
Mr Ayariga 7:38 p.m.
Mr Speaker, this legislation is novel in the sense that --
rose
Mr First Deputy Speaker 7:38 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 7:38 p.m.
Mr Speaker, the Hon Member made a statement about when the Bill was laid in the House. He said it was laid today. I thought it was a slip but then he came back and fortified in his own wrong perception, repeated that it was laid today. It was laid yesterday, Wednesday and not today, Thursday.
Mr Ayariga 7:38 p.m.
Mr Speaker, it was laid yesterday in the evening. [Laughter] -- I was personally in this House and waited for this Bill to be laid so that copies would be given to us.
Mr Speaker, the very conduct of the people who have brought the Bill, does not show urgency. So they should not try to rail roll things on the grounds of urgency.
If we take the measures that the President announced one after the other, it would be realised that since the beginning of the Constitution on 7th January, 1993, we have never had a situation where in one single
measure, human rights have been restricted like the measures that were announced by the President.
Mr Speaker, since the enactment of the Constitution, there has never been one single measure by a President with far-reaching implications for human rights. So when they bring a Bill that seeks to address the situation that confronts us and we say that we should take our time and look at it -- we are not against the measures.
Indeed, when we met as a Committee, we emphasised that many of us supported some of the measures and that we even took steps in our various constituencies to enforce the directives of the President. However, when a Bill like this is brought with such far-reaching implications for human rights, they should give us time so that we could all study it.
During the discussions at the Committee, it became obvious even to the Hon Minister for Justice and Attorney-General that there was a need for substantial amendments to be made to the Bill. Since we all agree that there would be a need to make substantial amendment to it, we became concerned that if we take it
under a certificate of urgency, then we would have a difficulty to make those substantial amendments in a very considered manner. That is the issue that we have.
Mr Speaker, I understand that I should not go into the substance of the Bill because we are not yet at that stage. However, during the Committee meeting, we all felt that the only way to establish a case for the urgency is to look at what the Bill would provide for. So the Hon Chairman of the Committee allowed us to go through the Bill to look at the substantive provisions in it in order to convince ourselves that it is either urgent or not.
Mr Speaker, with what the Bill seeks to do, the Constitution has made provision for how to deal with situations like that. So why do they refuse to use the constitutional mechanism but want to bring a Bill that has problems?
We were told at the Committee meeting that the Constitution makes provisions but the feeling is that when a state of emergency is declared, it may create panic et cetera.
The announcement that the President made and the directive that he gave and the kind of situation we
Mr First Deputy Speaker 7:38 p.m.
Hon Member, can you refer to that, so that we would be guided? Which specific laws did you refer to?
Mr Ayariga 7:38 p.m.
Mr Speaker, the first part of the Public Health Act, deals with communicable diseases -- [Interruption] -- what is COVID- 19, if it is not a communicable disease? [Interruption] -- Mr Speaker, they do not know that it is a communicable disease. It is a communicable disease.
Mr First Deputy Speaker 7:38 p.m.
Hon Member, address me. [Laughter] -- I thought you would refer to a specific clause.
rose
Mr First Deputy Speaker 7:38 p.m.
Hon Member, hold on.
Hon Minister, I have tried to discourage interjections to save time.
Dr Prempeh 7:38 p.m.
Mr Speaker, I am very sorry. I did not want to interject but since the Hon Member said that the Public Health Act describes pandemic and went ahead to say that a pandemic is a communicable disease -- [Interruption] --
Mr Speaker, you asked him to refer to the Public Health Act to indicate the pandemic he talked about and he referred to communicable disease. In fact, they are not the same. Not all communicable diseases cause pandemic. This is not a legal matter.
Mr First Deputy Speaker 7:48 p.m.
Hon Member, please, wind up.
Mr Ayariga 7:48 p.m.
Mr Speaker, part one of the Public Health Act deals with communicable diseases.
If the Minister for Health determines that there is an outbreak; If a disease is communicable and infectious such as COVID-19 is, then he could take certain measures by restricting movement, curbing trade within a certain area and compelling the inspection of vehicles. All sorts of measures could be taken.
Mr Speaker, one of the measures the President directed is that foreigners should not be allowed into this country. Section 8 (1) (f) of our Immigration Act, 2000 (Act 573) makes provision for that. It states that the Minister for the Interior can by Executive Instrument direct that certain persons should not be allowed into the country. [Interruptions] It is also there.
Mr Ayariga 7:48 p.m.
Mr Speaker, there are several provisions in several legislation. The National Disaster Management Act, 2016 (Act 927) which essentially re-enacts substantial provisions of the emergency
provisions of our Constitution also makes adequate provisions for dealing with disasters.
Mr Speaker, they could have acted under all these provisions if they do not want to declare a state of emergency under our Constitution, because this Bill does something that is very risky which is to say that a state of emergency could be declared by the President when he so determines that there is a state of emergency.
He alone can by Executive Instrument prescribe restrictions, punishments and anything that he wants and this Parliament would not be able to supervise him the way that we are empowered to supervise him if he declares a state of emergency under the Constitution.
Mr Speaker, if the President declares a state of emergency under the Constitution, he must come to us for permission and we would give him. After three months, he must come back to this House and after the three months, he must come back to this House every month.
Mr Speaker, in addition to parliamentary supervision, the provisions of the Constitution insists
that the courts should also monitor human rights violations during the period.
Mr First Deputy Speaker 7:48 p.m.
Hon Member, you have one more minute.
Mr Ayariga 7:48 p.m.
All right, Mr Speaker. So we pleaded that if they insist that they need a new Act inspite of all those ones that exist, then let us have time to look at it. That is all that we argue on in relation to the issue of urgency.
Minister for Railway Development (Mr Joe Ghartey) (MP) 7:48 p.m.
Mr Speaker, I have sat right here and wondered to myself what stage we are at. This is a House of record and we are bound by the rules. As I am speaking, an Hon Member is advising me from the other Side of the House that I should not touch my face; that even must tell all of us that we are not in normal times because I could normally touch my face.
Mr Speaker, I was not in Parliament the day I saw my Colleague, Hon Sam George with a mask and gloves. He was not acting
Minister for Railway Development (Mr Joe Ghartey) (MP) 7:48 p.m.


a play, probably, cantata. What he was doing was reacting to a real situation.

What are we doing here today at this point? Mr Speaker, I know everybody knows this Order but like church we sometimes tell the old stories. With your permission, I would want to read Standing Order 119:

“Where it is determined and certified by the appropriate Committee of the House appointed in that behalf that a particular Bill is of an urgent nature, that Bill may be introduced without publication. Copies of the Bill shall be distributed to members and may be taken through all its stages in one day.”

The stages are First reading, Second reading, Consideration stage and Third reading. The rules are clear on what we can do at which stage. So at this stage what we are looking for is whether it is urgent or not.

Mr Speaker, I would read paragraph 5 of the Report with your permission; and the conclusion is not a Minority or Majority one. It states:

“The Committee has duly considered the urgency of the Bill in the light of the monumental threats posed by the COVID- 19 pandemic…”

Mr Speaker, how could they sit in that Committee and come to the floor of this House to say that they do not know the purpose of that Bill? If it is their intention that COVID-19 must be introduced as a word in the Bill in order to make them happy, that time has not come; the time would come at the Consideration stage.

Mr Speaker, somebody says since this Constitution came into effect, we are being told that since the Second World War nothing like this has happened. New York of 14 million people has 53000 beds; they are saying that even the beds do not have enough respirators to go round for everybody. If the medical systems of more advanced countries have collapsed -- [Interruption] --
Mr First Deputy Speaker 7:48 p.m.
Hon Members, order!
Mr Ghartey 7:48 p.m.
Mr Speaker, the matter is in no doubt urgent. We are being told that this is a threat the world has not faced before. If they have a problem with the nature of the Bill, when we reach that stage --
For all they know, they may not be the only persons who have problems. Those who say that we need time to discuss it, all the arguments that have been advanced today [Inaudible] My friend, Hon Fuseini even referred to Supreme Court judgments; my friend, Hon Ayariga made all the quotations of the various articles of the Constitution and the analysis of same. What more time does he need?

Mr Speaker, I would conclude with two things. On Saturday, I attended a funeral in Essikado, my Constituency. When the Methodist preacher was preaching, he said that if we are not careful, this would be the last time we could meet as such and everybody laughed. We thought it was a joke only to learn the next day that only 25 people could meet.

Mr Speaker, in fact, I listened to the Mayor of New York City yesterday on Cable News Network (CNN) and he said some of the decisions he has had to take, he is not even sure whether it is legal or not but he had to take them.

Mr Speaker, I think that rather than to go under this omnibus, I have heard people say that the President is the President and so he has executive authority. He should go under this omnibus. Let him come by law. If they do not agree with the law, they should argue the principles and they can introduce amendments at the Consideration stage but the matter is urgent.

There is no other reason; in fact, if the people of Ghana come to the conclusion that those of us seated in
Dr Dominic Akuritinga Ayine (NDC -- Bolgatanga East) 7:58 p.m.
Mr Speaker, thank you very much. I want to start my contribution by quoting the dissenting opinion of Lord Atkin in the famous case of Liversidge v Anderson (1942) Appeal Cases
206.
Mr Speaker, with your permission, I read; Lord Atkin said memorably that
“in England, amid the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which one risk on recent authority, will allow fighting but the judges are not respecters of persons and stand between the subject on any attempted encroachment on his liberty by the Executive. I live to see that any coercive action is justified in law”.
[Interruption] --
[Uproar] --
Mr Speaker, the sole intent and purpose of this Bill is the suspension of fundamental freedoms guaranteed under article 21. That is the true effect of this Bill. This is because basically what it does is to enact in statutory form, the exceptions to article 21 of the Constitution.
Mr Speaker, you very well know that it is article 21 that guarantees the fundamental freedoms of the individual in Ghana. So the effect of what we are doing today -- and the reason is very serious and dangerous such that we are basically putting at bay the substantive freedoms guaranteed under article 21 on the basis that we are in a state of emergency.
There can be no haste in suspending fundamental human rights and there can be no urgency to the suspension of our basic freedoms such as that of movement, association, speech, conscience and so on. What is the basis of the urgency of this Bill?
Mr Speaker, we are being told in contribution after contribution by the Hon Members on the Majority Side that this is supposed to deal with the COVID-19 pandemic. There is no mention of COVID-19 whatsoever in this Bill. If we want to affect fundamental human rights, the measure must be narrowly tailored
such that it does not give an overbroad grant of power to the Executive branch of Government but this is exactly what we are seeking to do this evening.
I want to repeat that there can be no urgency in the suspension of basic rights in this country. The argument has been made that we want to deal with the COVID-19 pandemic. I would want to refer you to clause 3(1)(d) of the Bill as we are talking about the urgency of dealing with COVID-19 and yet, we have a provision that states in clause 3 that;
“The President may impose a restriction that is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community”.
[Interruption] --
Mr Speaker, what is the rational relationship between this provision and fight against the COVID-19 pandemic? There is neither a rational
relationship whatsoever nor public health justification for this provision that I have just read to you.
As the Hon Mahama Ayariga has said, there are provisions in our laws that deal with these matters and I can cite for you section 184 of the Criminal and Other Offences Act that deals with desecration of national symbols and emblems. The Hon Attorney-General and Minister for Justice knows that anybody who commits a crime under section 184 of the Criminal and Other Offences Act 1960 (Act 29) can be held before the court and dealt with.
How is it a national emergency situation? Why should we suspend the fundamental human rights so that we will protect the national flag? -- [Laughter] -- Is this under the pretext that we are fighting the COVID-19 pandemic?
Mr Speaker, I agree with Hon Joe Ghartey, a respected lawyer and former Attorney-General and Minister for Justice that we are not in normal times. However, the abnormality of the time should not give us an excuse to ill-run the fundamental freedoms of Ghanaians.
I quoted to you the famous case of Liversidge vs Anderson and the dissenting opinion of Lord Atkin. In
Mr First Deputy Speaker 7:58 p.m.
Hon Member, that opinion was not the judgment.
Dr Ayine 7:58 p.m.
Mr Speaker, that is what I am --
Mr First Deputy Speaker 7:58 p.m.
Hon Member, you should make that clear.
Dr Ayine 7:58 p.m.
Mr Speaker, the majority gave a decision in favour of the Home Secretary but subsequently, in case after case, the House of Lords agreed that they were wrong and Lord Atkin was right.
Mr Speaker, we should not make the mistake that was made in the year 1941 which led to the decision in the Liversidge vs Anderson case. We
should not be in a hurry to suspend fundamental freedoms and rights of Ghanaians. We should not make the mistake that was committed in the First Republic with the enactment of the Preventive Detention Act, and later when the military were in power; the Preventive Custody Act --
Mr First Deputy Speaker 7:58 p.m.
Hon Member, we have not reached there. When the Bill comes, you can propose any --
Dr Ayine 7:58 p.m.
Mr Speaker, do not worry. So my basic point is that there is no urgency in suspending fundamental freedoms and that we are not against measures to deal with the COVID-19 pandemic but if some measures are brought, they must be tailored narrowly to deal with it and we will all support it. [Hear! Hear!]
Mrs Ursula Owusu-Ekuful 8:08 p.m.
Mr Speaker --
[Interruption] --
Mr First Deputy Speaker 8:08 p.m.
Hon Member, you have the Floor. I am waiting.
Minister for Communications (Mrs Ursula G. Owusu-Ekuful) (MP) 8:08 p.m.
Mr Speaker, thank you.
Minister for Communications (Mrs Ursula G. Owusu-Ekuful) (MP) 8:08 p.m.
presents an existential threat to life as we know it. Now, while Ghanaians are waiting for Parliament, just as the Leadership of the House went to assure the President that they are committed to working with him to act expeditiously to deal with this virus, while Ghanaians are waiting to see us give effect to that commitment that we made, we are sitting here quibbling, teetering and wasting time.
How many more people must be infected with COVID-19 before we act? Today, whiles we are in this House debating whether this Bill is urgent or not, other people are getting infected out there. How much time do we need?
Mr Speaker, in other parts of the world where they did not act timeously, people are forced to work from home. They have the luxury of having robust telecom systems and so they can have online and virtual offices. Do we have same here? Mr Speaker, schools are closed. Do we have luxury of the infrastructure in place to support online education of our students?
People with more advanced health infrastructure are facing a near collapse of their infrastructure. In Italy, the authorities are being forced to make a determination about which
patient should be treated or not because they do not have enough beds and ventilators to cover all those who are sick. Do we want this country to get to that stage before we act? I hope not.

Mr Speaker, people are dying in Algeria where the wife of Hon Ras Mubarak comes from. Do we want Ghanaians to die before the august House of Parliament acts? Mr Speaker, on a more personal note, the first recorded death of COVID-19 in sub-Saharan Africa was of a female Hon Member of Parliament in Burkina Faso. Do we want to record a death in this House before we realise that this matter is urgent?
Some Hon Members 8:08 p.m.
No! No!
Mrs Owusu-Ekuful 8:08 p.m.
Mr Speaker, for the first time since I got married I am living under the same roof with my husband but he is sleeping in another room and I am also sleeping in another room. Mr Speaker,
the sooner we act to put in place a framework to ensure that we can all sleep peacefully in our beds with our spouses the better.
Mr Speaker, thank you.

Hon Ras Mubarak -- rose --
Mr First Deputy Speaker 8:08 p.m.
Yes, Hon Ras Mubarak?
Mr Ras Mubarak 8:08 p.m.
Mr Speaker, the Hon Minister for Communications is indicating to the House that her husband is under quarantine. Mr Speaker, I expect that she would sequester herself from this Chamber.
Mr First Deputy Speaker 8:08 p.m.
I thought you had an objection. Please sit down.
Minority Leadership?
Minority Leader (Mr Haruna Iddrisu) 8:18 p.m.
Mr Speaker, let me thank you for the opportunity to contribute to the Motion on the determination of the urgency or otherwise of the Imposition of Restrictions Bill, 2020.
Mr Speaker, in doing so, I would call on all Hon Members of this august House to bury our emotions and
partisanship and unite as a Parliament to support the President of the Republic in dealing with the novel COVID-19 pandemic so declared by the World Health Organisation for the world's inability to contain this global pandemic.
Mr Speaker, this debate is about whether this matter is urgent or not? Those of us on the Minority side are not convinced that the suspension of fundamental human rights and freedoms is what is urgent.

If the President brings to this House a Bill to deal head-on with preventing and containing COVID-19, he is assured of our absolute support.

Mr Speaker, what is urgent is for me to quote the President in his address on Sunday. What is urgent is not this Bill; what is urgent was when the President called on his Minister for Health that “I have instructed the Minister for Health to invoke his powers under section 169 (1) of the Public Health Act, 2012 (Act 851).
Mr Speaker, with your indulgence, let me read 8:18 p.m.
“Declaration of public health emergency169. (1) The Minister shall declare a public health
Mr Speaker, then section 34 of the same Public Health Act, 2012 reads 8:18 p.m.
“PART THREE—QUARANTINE
Declaration of a place as quarantine area
“34. The Minister responsible for Health may, by executive instrument,
(a) declare a place to be an area for purposes of quarantine within the meaning of this Regula- tions made under section
38.
(b) provide for any matter necessary for the purpose of quarantine.”
These are the laws of Ghana. However, Mr Speaker, what is even instructive is that we should be supporting the Minister for Health to come with the Regulations to govern this, but to bring Imposition of Restrictions Bill, 2020 which says that the President may by Executive Instrument, impose restrictions specified paragraphs (c), (d) and (e) of clauses 4 of article 21 of the Constitution which add “define applicable offences and penalties”, we do not ever intend to support any President to be vested with Judicial Power in addition to Executive Power to define offences and provide penalties.
Mr Speaker, the danger might not be today as we have been guided by history of the Preventive Detective Act, Preventive Custody Act and others. So there are structural defects.
Mr Speaker, our colleagues have argued on urgency of the Bill and have quoted what the President has brought. Article 106 of the Constitution requires us to satisfy a basic minimum of the Constitution in terms of mischief. The mischief in this circumstance, given the extraordinary circumstance in Ghana is COVID-
19.
In the Explanatory Memorandum accompanying this Bill, with the letter from the Office of the President, not a single mention is made of Coronavirus or COVID-19. So even if we want to pass a law to limit fundamental freedoms and human rights, we must restrict it that this law could only be valid to the extent that this country is fighting COVID-
19.
Beyond it, it cannot be operational; we are with them but they cannot make a law and say he is looking into the future. Which future? Did they predict that there would be COVID- 19, and they are saying they are crafting a law contemplating the future? Even with their expertise, did they predict Coronavirus?
Mr Speaker, let me assure you and this House that no one would stand the way of the President in dealing with this extraordinary threats to the lives of Ghanaians, but not to come and restrict our fundamental freedoms or human rights.
Mr Speaker, with checks and balances in the Constitution - The President would not even report back to Parliament. Parliament is the guardian of fundamental freedom of Ghanaians. Under State of Emergency, within seven days, one month, three months, he would apprise us, but with this one, by Executive Instrument, we may be lucky to have a good President today,
Mr Speaker, then section 34 of the same Public Health Act, 2012 reads 8:18 p.m.


He is talking about the future, and I am warning him about the future which is unknown.

Mr Speaker, we are not questioning the urgency of the President to deal with Coronavirus. He should bring a proper legislation within the context of the Public Health Act. The remit of the Act could be expanded. If he would want to limit fundamental freedom, he should go to court and not to Parliament.

Mr Speaker, finally, this is my concern. I have Colleagues who even say that the Minority should wait till we come to the Consideration Stage, then we could delete or add. What they have forgotten is the Imposition of Restriction Bill, 2020 is a cut and paste copy of article 21(4) (d), (e) and (f) of the Constitution of 1992.

Mr Speaker, they should read article 11(1). We would state our position. We hear everyday of majority. I hope tomorrow we do not hear that the 10 commandments could be amended because they have the majority numbers.

We are simply saying that it is article 21(4). They are all lifted from the Constitution, and I beg to read:

“(c) for the imposition of restriction that are reasonably required in the interest of defence, public safety, public health or the running of essential services, on the movement or residence within Ghana or any person or persons generally, or any class of persons;

“(d) for the imposition of resriction on the freedom of entry into Ghana, or of movement in Ghana, of a person who is not a citizen of Ghana; or”

Mr Speaker, so I cannot see how we use an Act of Parliament under article 11 of the Constitution to amend the Constitution.

However, Mr Speaker, while it is instructive that this Bill is dealing with exceptions in the Constitution, which Hon Ayine referred to, why have they not added them? If they think they

would want to do things in a manner which respects the tenets of good governance, article 21(4) (a) of the Constitution reads, and I beg to quote:

“(a) for the imposition of restrictions by order of a court

…”

They should go to court. They should not come and tell Parliament that we should vest this powers in the President.

Mr Speaker, we are committed to supporting the President to deal with the novel COVID-19. The Public Health Act could be expanded with the Minister for Health which he directed him to do but has failed to do. If it were urgent, why has he not acted?

Mr Speaker, nobody should think that they could go and tell Ghanaians that the Opposition, National Democratic Congress (NDC) does not support the President in this endeavour. They should go to the public. The Ghanaian public is not as gullible as they think. This is just a political restrictions or limitations. What has emblems got to do with

COVID-19?

Mr Speaker, as I have said, I related to my Colleague, the Hon Majority Leader, and I related to the

Hon Attorney-General and Minister for Justice that all of us must sit quietly and examine this Bill properly to see what checks we could provide to limit those affected powers of the President. [Interruption.] I cannot do anything about constitutional provisions at the Consideration Stage; be reminded.

Mr Speaker, I have heard people talk about futuristic things and its exceptions. What is urgent is for the Hon Minister for Health to issue the Executive Instrument as is expected of him under the Public Health Act and as was intimated by the President.

Mr Speaker, so far the Ghanaian public has been supportive and complied through moral persuasion to many of the things the President said on Sunday. What we need is to consult more with the religious leaders and resource the Ministry of Health. Even as the President gave directives, the National Identification Authority was disrespecting him in the Eastern Region. Yet, we say it is urgent.

If we want to impose restrictions, we should go to court or at worse, a State of Emergency should be
Mr First Deputy Speaker 8:18 p.m.
Yes, Majority Leadership?
Majority Leader (Mr Kyei- Mensah-Bonsu) 8:18 p.m.
Mr Speaker, thank you very much for the opportunity to contribute to the Motion on the floor of the House.
Mr Speaker, as I indicated, I think it is important for the records, to state that this Bill came to this House yesterday, Wednesday, 18th March, 2020. [Interruption] I have heard Hon Members saying that it came in

Mr Speaker, Hon Ayariga made the point that the Minority is not against the measures that are being prescribed; they support them, except that he thinks that the vehicle we want to convey is not appropriate. What Hon Ayariga would know is that those measures that were announced by the President, good as they were and indeed still are, are not justiciable and they may have to come in this form.

Mr Speaker, I am surprised that some people are saying we really want to curtail the freedoms of Ghanaians by this law. Let those who are saying that, apply themselves to the Constitution. Indeed the article 21 that we have quoted evolves on the general fundamental freedoms.

Mr Speaker, article 21 (1) and (2) are not sacrosanct and that is why article 21(4) -- [Interruption] -- we are not moving away from article 21. Article 21(4) provides:

“21(4) Nothing in, or done under the authority of, a law shall be held to be inconsistent with…”

Mr Speaker, “....under the authority of, a law,” and this is the law that we are making today. What is being done today -- [Interruption] -- If you would have the patience to listen because we had patience to listen to you -- [Interruption] Mr Speaker, what is being done today is a law that is being fashioned, so that law shall not be held to be inconsistent with the provisions of article 21 of the Constitution. That is the import of what we are doing; it is as simple as that.

Mr Speaker, when people do not understand this simple thing, it is strange -- [Interruption] -- and indeed, article 31 (10) suspends articles 12 to 30 of the Constitution. So, it should suggest to us that freedoms are never sacrosanct -- [Interruption] -- what are they saying and what is their misunderstanding? They should apply themselves to this and understand, but they are not applying yourselves to it, they cannot even appreciate what I am doing.

Mr Speaker, at the very outset of the outbreak of the disease --
Mr First Deputy Speaker 8:18 p.m.
Hon Majority Leader, some two gentlemen are disturbing me here. They keep saying, “this is a Bill; this is not a law”. How do we make a law? -- Do not intervene -- [Intervention] They have repeated the same thing and they are disturbing my ears. This is a process of making law.
Mr Kyei-Mensah-Bonsu 8:18 p.m.
Mr Speaker, at the outbreak of this disease, my Hon Colleagues on the other Side were saying that Government should apply urgent steps to evacuate Ghanaians from China -- [Interruption] -- those who said that we should be urgent in the application of whatever rule, are now saying what? - Let us wait! It is not urgent! Mr Speaker, can you believe that?
Mr Speaker, so what Government is saying now -- and I hear them saying that there are NADMO, Public Health and Immigration Service Acts and that the various Ministers could come with Executive Instruments (E.I.). How E. I.s do they want to fight this situation? [Interruption] -- As many as necessary? Is that their understanding of the law? [Interruption] -- Mr Speaker, listen to him. When we are talking about one E. I., he said no, let us apply ourselves to as many as -- [Interruption.] He should speak
Mr Kyei-Mensah-Bonsu 8:38 p.m.
through the microphone, so that he would be quoted. He said that we should allow the laxity of bringing as many E. I.s as possible. Is that his understanding of the law? That is very pathetic.
Mr Speaker, there are options open to the President; the State of Emergency, Public Health Act, the NADMO Act and the Education Service Act, but all of them impose some restrictions. That is why Government in its wisdom has decided to apply itself to this vehicle.

Mr Speaker, indeed what is being done -- [Interruption] -- I am surprised to hear that the Hon Minority Leader said that what is being done amounts to an amendment of the Constitution. Where is this coming from?

Mr Speaker, article 21(4) gives us this option to come by a law, yet he said that this amounts to an amendment of the Constitution. I am surprised and shell-shocked to hear him say that this amounts to an amendment of the Constitution.

Mr Speaker, I said that the absence of the checks and balances that they alluded to are not even there, but this is just so that we may respond. It is

part of the contents of the Bill. If we believe that there should be checks and balances-- I agree that the President should not be accorded any unfettered rights, and if we have to attend to it, then we must. I believe that we must find a way to deal with it.

Mr Speaker, I think that when we come to the Consideration Stage, those are matters that we would deal with. Again, I agree that there should be some sunset of clauses in the Bill. However, this should be done when we come to the Consideration Stage of the Bill.

Where we are now is just to determine the urgency of the Bill or not. So, that matter does not even arise as of yet. That is why I am surprised that people are jumping the cart and addressing the substance of the Bill. We are not there, but I agree that when we come there, we would have to deal with it.

Mr Speaker, I agree that in the imposition of restrictions, the President be allowed to come with an instrument to determine applicable offences and penalties. I think that should be done by Parliament; and I agree with my Hon Colleagues who are saying that Parliament should assume that responsibility.

Mr Speaker, is this not strange? This is because this goes to the heart of the Constitution. I agree with that posturing, but is it not strange that when we were fashioning the Interpretations Act in this House, the people who were saying that that legislation should be considered as a dual responsibility between Parliament and the President are now saying no, that it is not right?

I keep saying that the people of this country were saved by the entry into Parliament that day of the Hon Alban Bagbin. He is the one who saved the day for Parliament and indeed for Ghana. When they were in the Majority, when we were crafting the Interpretations Act, under the tutelage of the then Attorney-General, they were saying that the business of legislation should be considered as a dual responsibility between Parliament and the President.

Some of us argued extenso, and I say, that the day was saved by the Hon Bagbin. He is a living witness; he was the one who saved the day for Ghana.
Mr First Deputy Speaker 8:38 p.m.
Hon Majority Leader, can we return to the emergency or otherwise of the Bill?
Mr Kyei-Mensah-Bonsu 8:38 p.m.
Mr Speaker, I would migrate back. I am saying that indeed, we need to be truthful and honest with ourselves, and we should protect the integrity of the Constitution. I agree that we should not give the President unfettered powers.
Mr Speaker, the President and indeed the Executive came to us, giving an indication to us that this is an urgent Business, which is why they did not gazette this Bill.
The purpose of considering any Bill under a certificate of urgency, primarily, is to curtail the 14-day gazette period. Between now and when Parliament is intending to adjourn, it does not even amount to 14 days. So for those who are saying that we should resort to normal route, they are then saying that we cannot fashion this Bill, if we should now go and gazette it.
This is why Government came with this to give the signal to us that once the Committee determines that it is of urgent nature, that very day, the Bill will be gazetted, so that we would avoid the gazette period. That is the essence of it. I believe that what we are doing is right. When we come to the Consideration Stage, if we would have to further improve it, then we would do so.
Mr Alban S. K. Bagbin (NDC --Nadowli/Kaleo) 8:48 p.m.
Thank you very much, Mr Speaker, for granting me the opportunity to be heard on this matter.
Mr Speaker, the Motion before us is the item numbered 3 on the Order Paper Addendum, that this House adopts the Report of the Committee on Constitutional, Legal and Parliamentary Affairs on the Determination of the Urgency of the Imposition of Restrictions Bill, 2020. We are called upon to do so because of article 106 (14), and Standing Order 119.
Mr Speaker, I do not find any reason in the Report why this Bill should be taken as an urgent Bill. The Report did not adduce any reason that this Bill should be taken through -- [Interruption] My years in this House are more than the years of life of the young Hon Member over there who is shouting at me.
Mr Speaker, when we read paragraph 4.2, it referred to the COVID -19 pandemic. The Bill is very clear. The purpose of the Bill is to provide for powers to impose restrictions on persons in the event of

Mr Speaker, I would want the Hon Majority Leader to know that I am just quoting from the Bill; so, if he would also want to add his own words to it, then he should say so.

Mr Speaker, I repeat; the purpose of the Bill is to provide for powers to impose restrictions on persons in the event of a disaster, emergency or similar circumstance to ensure public safety and protection. Clearly, there is no emergency, disaster or similar circumstance. --[Interruption]-- I am reading from the Bill.

Mr Speaker, this Bill is of general nature, so we are passing it not just for the purpose of COVID - 19, but we are passing a general law. This law is not just for H.E. Nana Addo Dankwa Akufo-Addo, but for whoever becomes President of this country so it should not -- History has taught us a lot of lessons, so if the Bill itself says that we have not got an emergency or disaster yet and there are no similar circumstance, but

let us make a general law available, so that in case there is a disaster, emergency or circumstances of similar nature, then, we have a law ready for whoever is the President to apply--

Mr Speaker, in that case, where is the issue of urgency? I thought that we should take some time to iron out this general law in such a way that it would fit in all those loopholes that we are referring to which are not captured by the Public Health Act, 2012 (Act 851), or the Immigration Service Act, 2016 (Act 908) the Disaster Management Act, 1996 (Act 517) the Emergency Powers Act, 1994 (Act 472)the Public Order Act, 1994 (ACT 491) or the Criminal and other Offences Act, 1960 (Act 29).

If we see that there are still some loopholes to be filled by this law, then, it is incumbent on us as a House to take our time to go through and pass a good law that can stand the test of time. That is very important.

Mr Speaker, as at now, the situation is being handled by what we have as the existing law; and His Excellency the President has shown good leadership by the Statement that he came out to make. The good people of Ghana have accepted it, they are complying, and in fact, supporting H.E. the President to make sure that we prevent, protect, cure and save Ghanaians from what has been declared a pandemic.
Mr Alban S. K. Bagbin (NDC --Nadowli/Kaleo) 8:48 p.m.
Mr Speaker, we have not even got to the stage of an epidemic in this country. [Interruption] We are not praying to get there and we do not want to get there, and I believe that we have what it takes now to make sure we do not get there.

Mr Speaker, I am very clear in my mind and I decided to be heard on this matter because it is important for me to put it on record. It is good for us to tarry. If we need to pass a law purposely for COVID - 19, let us bring that law and we would go with you for it to be passed with speed and alacrity.

As I said, this law is definitely, not meant for COVID-19; it is a general statute that is meant to provide for events that His Excellency may consider emergencies, disasters or things of similar circumstances.

Mr Speaker, what I am saying is supported by paragraph 2 of the Memorandum which clearly says with your kind permission:

“In view of the foregoing, Government finds it expedient to develop a legal framework to provide generally for the expeditious interventions by Government in the event of unforeseeable emergencies”.

Mr Speaker, that is what has been brought before us. I have no problem with us going on with this law and that is not the issue I am raising. I am raising the issue of urgent consideration of the Bill. I believe strongly that there is no good reasons; there are no convincing reasons that this House should speedily consider this Bill under any certificate of urgency. If they want us to do so, they should bring a law specifically on COVID-19 and we would do so.

Mr Speaker, the Motion is on the issue of urgency; I listened to the Hon Majority Leader and his under- standing of that is very clear and I commend him for that. It is meant not to let the Bill pass through the process of being gazetted for 14 days and I agree. As I said, because it is a statute of general nature as stated by the Memorandum and the provisions of the Bill, then, we need not rash it.

Mr Speaker, so please, I am simply cautioning the House to at least tarry.
Mr First Deputy Speaker 8:48 p.m.
At the conclusion of the —
rose
Mr First Deputy Speaker 8:48 p.m.
Yes, Hon Minority Leader, the debate is over.
Mr Iddrisu 8:58 p.m.
Mr Speaker, I know that you are about to put the Question but with your permission, I beg to quote article 104 of the Constitution which says:
“Except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the members of Parliament present''.
Mr Kyei-Mensah-Bonsu 8:58 p.m.
Mr Speaker, our Standing Orders provides that in putting the Question, Hon Members who are not even in the House and just rush in to participate in the debate -- other Hon Members from the Minority side have deliberately left the Chamber. So I invite you to put the Question.
Question put and Motion agreed to.
Mr First Deputy Speaker 8:58 p.m.
I now refer the Imposition of Restrictions Bill, 2020 to the
rose
Mr First Deputy Speaker 8:58 p.m.
Yes, Hon Minority Chief Whip?
Alhaji Muntaka 8:58 p.m.
Mr Speaker, the Hon Minority Leader drew your attention to article 104 but you went ahead to put the Question. However, I want to call on you under Standing Order 113 and with your permission, I beg to quote:
“(1) When the Question has been put by Mr Speaker at the conclusion of the debate, the votes shall be taken by voices “Aye'' and “No'' provided that Mr Speaker may in his discretion instead of declaring the result on the voice votes call for a headcount''.
(2) A Member may call for headcount or division if the opinion of Mr Speaker on the voice vote is challenged.”
So I call on you to call for a division to count those of us who are in the House. I challenge your decision on the voice vote.
Mr Kyei-Mensah-Bonsu 8:58 p.m.
Mr Speaker, I believe in all certainty that this is an abuse of the process of this House. This is because before the Question was put and after it was put, Hon Members on the Minority side run away from the House, just so that the figures would lessen. So this demand is not justified because you have already put the Question and referred the matter to the Committee. So be it. [Hear! Hear!]
Mr Iddrisu 8:58 p.m.
Mr Speaker, this is a Parliament of 275 Hon Members. I drew your attention to article 104, yet you proceeded to put the Question. Your attention was further drawn but as opposed to article 104 -- if you want to put aside our Standing Orders and the Constitution then say so.
We take an objection to the fact that the Hon Majority Leader said that Hon Members from the Minority walked out. Hon Members from the Majority side also walked in -- [Interruption] Where are their 169 Hon Members? If they do not have the numbers to take a decision, they should not force it.
Mr Speaker, we would insist on a recording because we would challenge this matter and ruling in court. We would go to the Supreme Court on article 104, that at the time
this matter was voted on, Parliament did not have, at least, half of the Hon Members present. I would request for a video recording and the head count. We would jealously safeguard our human rights and freedom and not give it out to any President on an Executive Instrument.
Mr Kyei-Mensah-Bonsu 8:58 p.m.
Mr Speaker, you have not only determined the outcome of the vote but after, you referred the matter back to the Committee, so we have gone past that. At this point, if any Hon Member wants to challenge what you have done, that person must come with a substantive Motion. That is what the rules provide. [Interruption] He should go to the coffee shop; his people are there.
When they deliberately evacuate the Chamber to serve the purpose, we would not bow to any Minority intimidation. Even those who contributed to the debate deliberately left the Chamber, just to deprive the House from having the appropriate number.
The Hon Member for Tamale Central, Alhaji Fuseini, who is a principled man, contributed to the debate and remained in the Chamber but some Hon Members contributed and left afterwards.
Mr Speaker, we have gone past that stage. You have referred the matter to the Committee and some of the Hon Members of the Committee have gone out to begin with the consideration stage of the Bill. Let us allow those who have remained to join the Committee to consider the Bill. This is as simple as that.
Alhaji Muntaka 8:58 p.m.
Mr Speaker, I challenge your decision on the voice vote and call for a division. It is important that we get your ruling on that.
Mr First Deputy Speaker 8:58 p.m.
At what point did you call for the division? I was satisfied that there were sufficient numbers to take a decision at the time I put the Question. [Hear! Hear!]
Mr Kyei-Mensah-Bonsu 8:58 p.m.
Mr Speaker, we have come to the end of that matter and so be it. Even the principal architect, the Hon Minority Leader, who litigated this matter has left the Chamber.
Mr Speaker, with respect, you have gone beyond this matter and we would do other Business. It is as simple as that.
Mr First Deputy Speaker 8:58 p.m.
Hon Majority Leader, it is 9.00 p.m., what next?
Mr First Deputy Speaker 9:08 p.m.
Hon Members, I would have to suspend the House for five minutes. I will be back.
9.09 p.m. -- Sitting suspended
9.13 p.m. -- Sitting resumed
Mr First Deputy Speaker 9:08 p.m.
Hon Members, can you resume your seats please?
The Corporate Insolvency Bill, 2019 at the Consideration stage.
BILLS -- CONSIDERATION 9:08 p.m.
STAGE 9:08 p.m.
Mr First Deputy Speaker 9:08 p.m.
Yes, Hon Majority Leader, I see that clause 35 has been outstanding since and it is stated here that Question is to be put.
Mr Kyei-Mensah-Bonsu 9:08 p.m.
Mr Speaker, we deferred clause 68, so, we can go to clause 69?
Mr First Deputy Speaker 9:08 p.m.
Very well.
Clause 69 -- Order to remedy default
Mr Kyei-Mensah-Bonsu (on behalf of the Chairman of the Committee)(Dr Mark Assibey- Yeboah): Mr Speaker, I beg to move, clause 69, subclause (3), paragraph (b), line 2, delete “or” --
Mr First Deputy Speaker 9:08 p.m.
Hon Minority Leader, the Hon Majority Leader has not finished moving the Motion.
Mr Haruna Iddrisu 9:08 p.m.
Mr Speaker, I beg to move, clause 69, line 1, insert the phrase, “a restructuring officer”. [Interruption]

Where are we? Clause 70.
Mr Kyei-Mensah-Bonsu 9:08 p.m.
Mr Speaker, we hope to go to clause 71.
We did clauses 69 and 70 yesterday. I am surprised they have been repeated here.
Mr First Deputy Speaker 9:08 p.m.
Which clause should we go to?
Mr Kyei-Mensah-Bonsu 9:08 p.m.
Mr Speaker, we would now go to clause
71.
Mr First Deputy Speaker 9:08 p.m.
Very well, clause 71.
Clause 71 -- Prohibition order against an administrator
Mr Kyei-Mensah-Bonsu 9:18 p.m.
Mr Speaker, I beg to move, clause 71, headnote, at the end, add “or restructuring officer”.
Mr Speaker, it would then read 9:18 p.m.
“Prohibition order against an administrator or restructuring officer”.
Mr First Deputy Speaker 9:18 p.m.
This is a straightforward one.
Question put and amendment agreed to.
Mr Iddrisu 9:18 p.m.
Mr Speaker, I beg to move, clause 71(1), delete the words “is shown” and insert ‘if it is established'. That is: “…in respect of a person where it is established to the satisfaction of the Court…”.
Alhaji I.A.B. Fuseini 9:18 p.m.
Mr Speaker, we can do a re-arrangement of the clause: “The Court shall make a prohibition order in respect of a person where the Court is satisfied that that person is unfit to act as an administrator or restructuring officer ...”.
Mr First Deputy Speaker 9:18 p.m.
Very well.
Mr Kyei-Mensah-Bonsu 9:18 p.m.
Mr Speaker, that is indeed correct. Except in line 3, as we have done earlier, to insert the indefinite article before “administrator”, in this case, “an” and “a” before “restructuring”'.
So, it will read:
“The Court shall make a prohibition order in respect of a person where the Court is satisfied that that person is unfit to act as an administrator or a restructuring officer”.
Question put and amendment agreed to.
Mr Iddrisu 9:18 p.m.
Mr Speaker, the first and second parts of clause 71(2), leaves me in some quagmire. It reads:
“The period of the order is a matter for the discretion of the Court and the Court may make a prohibition order for a period of up to five years.”
Where is the discretion? If we want to say that it can make a prohibition order for up to five years, we say so. However, to say that it is discretionary and then turn around to tie the discretion to five years is problematic.
Mr First Deputy Speaker 9:18 p.m.
Hon Minority Leader, can we just say; “the prohibition order shall not exceed five years”?
Mr Iddrisu 9:18 p.m.
Mr Speaker, I absolutely agree with you.
Clause 71(3) says: “A person to whom a prohibition order is made and then applies ....”
Mr First Deputy Speaker 9:18 p.m.
Let us take them one after the other so that we do not get confused.
Alhaji I.A.B. Fuseini 9:18 p.m.
Mr Speaker, it will read: “…the court may make a prohibition order for a period not exceeding five years”. That is clause 2.
Mr Iddrisu 9:18 p.m.
Mr Speaker, I support him.
Question put and amendment agreed to.
Mr Iddrisu 9:18 p.m.
Mr Speaker, I was wondering whether clause 71(3) could rather read:
“A person against whom a prohibition order is made shall not act as an insolvency practitioner”.
Alhaji I.A.B. Fuseini 9:18 p.m.
Mr Speaker, I support the amendment.
Question put and amendment agreed to.
Clause 71 as amended ordered to stand part of the Bill.
Mr Iddrisu 9:18 p.m.
Mr Speaker, could you please direct the draftspersons to improve the rendition to reflect contemporary technology in respect of clause 71(6)? It reads: “The Registrar shall keep on file indexed by reference to the name of the administrator or restructuring officer concerned a copy of the order delivered”.
Mr Speaker, in this age where orders are delivered and indexed, electronically, what do we do?
Mr First Deputy Speaker 9:18 p.m.
Sorry, I do not understand. This is a file. Once it is a file, a copy of the order may be indexed to it.
Mr Kyei-Mensah-Bonsu 9:18 p.m.
Mr Speaker, one file may not necessarily be a hard copy file; it could be electronic. So I think that we should allow that subclause to stand.
Mr First Deputy Speaker 9:18 p.m.
Hon Majority Leader, do you want us to start with clause 72? There are many amendments.
Mr Kyei-Mensah-Bonsu 9:18 p.m.
Mr Speaker, I believe we can adjourn at this point. We thought the Committee on Constitutional, Legal and
Parliamentary Affairs would go and continue with their deliberations on the Bill, but they have just come back to inform us that the Clerks have all gone home. So they have been estopped from further transaction of Business.
So we can take an adjournment and request the Committee to meet early in the morning and conduct business so that latest by 10.00 a.m. or 11.00 a.m. tomorrow, they should produce the Report.
ADJOURNMENT 9:18 p.m.