Debates of 28 Mar 2020

MR SPEAKER
PRAYERS 11:13 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:13 a.m.
Mr Speaker 11:13 a.m.
Hon Members, correction of Votes and Proceedings of 27th March, 2020.
Page 1, 2 -- 47.

Hon Majority Leader, we were patiently waiting for your colleague Hon Members and other Hon Members of the Minority; have you still not heard any word?
Mr Osei Kyei-Mensah-Bonsu 11:13 a.m.
Mr Speaker, I have no official communication from them regarding their absence. So Business will go on with or without them.
Mr Speaker 11:13 a.m.
Very well.
Mr Dominic B. A. Nitiwul 11:23 a.m.
Mr Speaker, I actually wanted to raise that matter for your direction.
As a House and a country, if the absence of my Hon Colleagues on the opposite Side really comes to pass that they do not come for this very important national exercise, and we do not pass comments on this Floor, then we, as a Parliament, would be letting the nation down.
Mr Speaker, everywhere in the world, nations are coming together to fight this COVID-19 pandemic, putting aside politics which, in fact, can wait. There is nothing more important than putting partisan politics aside and fighting this COVID-19 pandemic as a singular united force because it is an invisible enemy.
For the Hon Members of Parliament on the Minority side to boycott Parliamentary Business at this particular time is uncalled for, unpatriotic and a stab in the back of Ghanaians.
Mr Speaker, there is nothing more important to the average Ghanaian today than as a country, particularly, Parliament and their representatives to give them assurance that they work in their interest.
In this particular matter, even if you are an Hon Member of Parliament and you are called upon at midnight to come to work to pass a stimulus package to save Ghana from the danger that we are facing, that Hon Member should be able to wake up and come instantly. [Hear! Hear!] -- I find it very appalling that the Hon Members on the Minority side will boycott this exercise. What else are they looking for?
Mr Speaker, we must make this very clear to the people of Ghana and let the records capture it that when the people of Ghana needed the National Democratic Congress (NDC) in Parliament, they boycotted it and let them down.
The Congress of the United States of America sat throughout the night to ensure that they passed the US$2 trillion stimulus package for their people.

However, we in Ghana are doing partisan politics and boycotting Parliament at this critical moment. What else are they in Parliament for?

Mr Speaker, I think that the people of Ghana would demand an apology and explanation from the Leadership

and Hon Members of the Minority side of the House. In these critical times, there is nothing more important to the people of Ghana than their survival.

Mr Speaker, this virus is in Ghana and it is spreading and the Executive is trying to help by putting policies in place. So it is for Parliament and Hon Members to also do their bit. So for an Hon Member to boycott a Sitting is the most unpatriotic thing that one can think about.

Mr Speaker, I think that we should put it on record that if and indeed the Hon Members on the Minority side have actually boycotted Parliament. then it is very unpatriotic. There is nothing more unpatriotic than this.

Mr Speaker, winning election is not the ultimate for any Ghanaian now; power is not what Ghanaians are looking for. What is power when there are no people to rule? If the people are all dead then over whom do we rule? So why should we do partisan politics now? Mr Speaker, I think that it is not good and I would want your direction on this because Parliament must send a very strong message to Hon Members of Parliament who have boycotted the Sitting today.

What is more amazing and disheartening is to hear the Hon
Mr Nitiwul 11:23 a.m.
Mr Speaker, for the entire year, in the history of the people of Ghana, they are making massive sacrifices for their own safety. This is even not just Ghana, but the entire world; nations are locking down and medical doctors are dying. Mr
Speaker, this morning, 51 medical doctors have been reported dead in Italy. We pray that nothing of that sort happens in Ghana, but the best we can do as Hon Members is to support. I would be very shocked, amazed and perplexed if the Hon Members on the Minority side have boycotted the Sitting today. I would hope that they are in caucus meeting for which reason they are late, but if they have boycotted then it would be the most unpatriotic thing that any Hon Member of Parliament would ever do.
Mr Speaker, thank you.
rose
Some Hon Members 11:23 a.m.
Sit down! Sit down!
Mr Speaker 11:23 a.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:23 a.m.
Mr Speaker, I indicated that I have no official communication from my Colleague Hon Members on the Minority side for being absent from the Chamber today. Mr Speaker, but flashing back, you may recall that last Friday after the Business Statement had been presented, there was a spirited attempt from the Minority to have the Sitting of the House on
Saturdays cancelled. Mr Speaker, every one of them who spoke after I had presented the Business Statement related to that; that Parliament should not Sit on Saturday and they would not be part of Saturday Sitting.
This House conducts business based on our own rules of procedure which are contained in the Standing Orders. So I pointed it out to them that if they wanted the decision which has already been taken by the House overturned, then the processes and procedures are clear that in that regard any Hon Member could submit a Motion of Rescission for the decision that this House had taken within that Meeting. Mr Speaker, I have been told that no such Motion has been submitted to you, so on what account would they then press that this Sitting, which is based on the decision of the House, should not hold? This should be a difficulty for any person in this House.
Mr Speaker, but one cannot compel any Hon Member to be in this House. Hence if as individuals or perhaps as a collective, they have elected not to be in this House on Saturdays, as I said, the Business of this House would go on with or without them. Mr Speaker, in this case, I would want to appeal to you that we commence public business and deal with the matters before us.
Mr Speaker, I thank you.
Mr Speaker 11:23 a.m.
Hon Members, at the Commencement of Public Business, item numbered 4, Presentation of Papers.
Item numbered 4 (a) -- Hon Minister for Finance?
Mr Kyei-Mensah-Bonsu 11:23 a.m.
Mr Speaker, as we speak, the Hon Minister for Finance is engaged in a very crucial meeting but we have an Hon Deputy Minister for Finance here. If you may so indulge her to present the Paper on behalf of the Hon Minister?
Mr Speaker 11:23 a.m.
Very well.
PAPERS 11:23 a.m.
Mr Speaker 11:33 a.m.
Hon Members, item numbered 4 (b) -- Yes, Hon Chairman of the Committee? Are we in a position to take item numbered 4(b)?
Mr Kyei-Mensah-Bonsu 11:33 a.m.
Mr Speaker, the Hon Chairman of the Committee is here. The draft report came to us yesterday, but I do not know whether or not he has finished with it. If he has finished with it, it could be laid. Either than that, we could do that on Monday.
Mr Joseph Osei-Owusu 11:33 a.m.
Mr Speaker, I read through the draft report and suggested many changes, but I have not seen the final draft yet. So I would suggest we do that on Monday.
Thank you Mr Speaker.
Mr Speaker 11:33 a.m.
Very well. So we would move on.
Hon Members, item numbered 4 (c) -- Hon Chairman of the Committee?
By the Chairman of the Committee
-- 11:33 a.m.
Mr Speaker 11:33 a.m.
Hon Majority Whip, can we move to item numbered 7 -- Motion?
Mr Moses Anim 11:33 a.m.
Mr Speaker, the items numbered 5 and 6 are not ready, so we can -- [Interruption] --
Mr Speaker 11:33 a.m.
Hon Member, just a moment please. Shall we move to the Order Paper Addendum, so that the reports could be taken?
Hon Members, item numbered (i) on the Order Paper Addendum.
By the Chairman of the Committee --
(i) Report of the Committee on Roads and Transport on the
Mr Speaker 11:43 a.m.
Hon Whip, can we move on to the item numbered 7?
Mr Anim 11:43 a.m.
Yes, Mr Speaker. The items numbered 5 and 6 are not ready.
Mr Speaker 11:43 a.m.
Very well.
Hon Members, we would move on to the item listed as 7, by the Chairman of the Committee.
Suspension of Standing Order 80 (1)
Chairman of the Committee (Mr William Agyapong Quaittoo) 11:43 a.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 of the Committee on Education on the EPC/Turnkey Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and Contracta Construzioni Italia s.r.l. for an amount of forty-nine million, eight hundred and ninety-one thousand, ninety-eight euros (€49,891,098.00.)
for the construction of the new University of Environment and Sustainable Development at Somanya in the Eastern Region -- phase 2 may be moved today.
Mr Anim 11:43 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 11:43 a.m.
Hon Members, we would move on to the substantive Motion; the item numbered 8.
MOTIONS 11:43 a.m.
Chairman of the Committee (Mr William Agyapong Quaittoo) 11:43 a.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
of the Committee on Education on the EPC/Turnkey Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and Contracta Construzioni Italia s.r.l. for an amount of forty-nine million, eight hundred and ninety-one thousand, ninety-eight euros (€49,891,098.00.) for the construction of the new University of Environment and Sustainable Development at Somanya in the Eastern Region - phase 2 may be moved today.
Mr Speaker, in so doing, I would present your Committee's Report.
1.0 Introduction
The EPC/Turnkey Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and Contracta Costruzioni Italia s.r.l. for an amount of forty-nine million, eight hundred and ninety-one thousand ninety-eight euros (€49,891 ,098.00) for the development of the University of Environment and Sustainable Development at Somanya in the Eastern Region - phase 2 was presented to Parliament by the Hon Minister for Education, Dr Matthew Opoku Prempeh on Tuesday, 24th March, 2020, pursuant to article l81(5) of the 1992 Constitution and section 33 (1) of the Public Financial

Management Act, 2016, (Act 921). Subsequently, the Rt. Hon. Speaker, in accordance with Order l86 of the Standing Orders of the House referred the Agreement to the Committee on Education for consideration and report.

2.0 Deliberations

The Hon Minister of State in Charge of Tertiary Education, Prof. Kwesi Yankah, and officials of the Ministry of Education attended upon the Committee to assist in its deliberations.

The Committee is grateful to the Hon Minister and his technical team for attending upon the Committee.

3.0 Reference Documents

The Committee made reference to the following documents during its deliberations:

i. The 1992 Constitution of the Republic of Ghana;

ii. The Standing Orders of the Parliament of Ghana; and

iii. The Public Financial Manage- ment Act, 2016 (Act 921).

4.0 Background

The University of Environment and Sustainable Development was established in 2015 with the objective of expanding access to tertiary education, and with a particular focus on building the requisite human capital and promoting teaching and research in the area of environment and sustainable development.

As part of efforts aimed at designing and building the newly established university, the Government in 2016, signed an Agreement with Messrs, Contracta Costruzioni Italia s.r.l. to commence the development and construction of key physical infrastructure for the university under phase I of the Project.

Following the successful completion of phase I of the development of the University of Environment and Sustainable Development, government proposes to sign a further agreement with the Contractor (Messrs, Contracta Costruzioni Italia s.r.I.) to execute the phase 2 of the Project.

The Project under phase 2 is estimated to cost forty-nine million, eight hundred and ninety-one thousand ninety-eight euros (€49,891,098.00). It has the objective of delivering the requisite

structures that will complement the facilities already provided under the phase 1 to enable the university operate as a fully-functional institution of learning.

5.0 Project Implementation Period

The Project is anticipated to take 30 months to complete, commencing 28 days after the Contract is signed,

or after the utilisation of the Loan facility is effective.

6.0 Project Implementation Plan

The Project will expand significantly alongside the facilities of the university and increase the potential number of students and thus provide comple- mentary supporting structures to students. The scope of works to be executed include the following in the Table below:
Mr Speaker 11:43 a.m.
Thank you very much, Hon Chairman.
Mr Moses Anim (NPP -- Trobu) 11:53 a.m.
Mr Speaker, I beg to second the Motion, and in so doing, make some few comments.
Mr Speaker, as part of the contract; subclause (1). (1). (4). (1), states that the contract price shall comprise the designed price and the negotiated sum which is based on the scope and schedule of works. We were made to understand that the negotiated sum would arrive from the value for money audit.
Mr Speaker, the first phase of the project was designed in such a manner, and we were told that the road aspect of the school that hitherto was not part of the contract became possible as a result of the very good negotiation done by the Ministry of Education. In the Report, it reads, and I quote: “… savings made as a result of that led to the construction of those roads as additional work.”
Mr Speaker, we were also told that it was an EPC or Turnkey contract, and as a result, the international standard of negotiating for such a contract was adopted. We were told that the contractor even reduced the
period of completion time by three months, and therefore his capacity and his ability to deliver was very good. Therefore the same contractor would be maintained to do the execution.
Mr Speaker, all scheduled timelines were part of the contract, and they were well defined. Therefore we believe that at the end of the day, we should be able to achieve the results that we want.

Mr Speaker, I just want to draw the attention of the Ministry to contract 7.7, where plants and materials that would be acquired at the end of the day after the completion of the Project would have to come back to the Government. I would want the Committee and the Ministry to follow up on that so that at the end of the day when we complete the Project, those residual machines that can be utilised can really come back to Government for its use in the future.

I thank you for the opportunity.

Deputy Minister for Agriculture (Dr Sagre Bambangi) (MP): Mr Speaker, I thank you for the opportunity to contribute to the Motion to approve the contract put
Mr Moses Anim (NPP -- Trobu) 11:53 a.m.


forward by your Committee after the presentation of the Report by our Chairman.

Mr Speaker, your Committee examined the Contract Agreement critically, asking all the relevant questions and your Committee co- opted leading members of the Committee on Roads and Transport, and all the relevant scrutiny was done. The track record of the contractor was even raised and the report we got was very encouraging that the contractor in the phase 1 of the contract was able to execute it three months before its expiry date. So we were very much encouraged and we posed questions on all the conditions precedent and were satisfied.

Mr Speaker, we also enquired about the social and environmental impact assessment on which we were also given a very encouraging report. We can only recommend to this House that this should be approved for the Ministry of Education to accomplish the task that we have set ourselves on in order to provide higher education for the Ghanaian community.

Deputy Minister for Roads and Highways (Mr Owusu-Aduomi): Mr Speaker, just a small issue on

paragraph 7.4 of page 4 of the Report; the performance security in contracts of that nature should be 30 per cent of the contract sum if we require the performance bond, but if the Ministry wishes to maintain the 10 per cent for performance security, then it should be performance bank guarantee.

This is what I want the Ministry to take note of.
Mr Quaittoo 11:53 a.m.
Mr Speaker, this Question was raised and the answer is that, this is more or less a proposal from the contractor. That is not what the final contract document when signed would be agreed upon. Negotiations would be done and what he talked about is what would prevail. So the correct thing would be done.
Question put and Motion agreed to.
Dr Prempeh 11:53 a.m.
Mr Speaker, I thank you very much and I do thank my Hon Colleagues for their valuable contributions to the debate. All the suggestions given are really needed and we would add it to make the contract a better one.
Mr Speaker 11:53 a.m.
Hon Minister, Resolution listed 12. So, by that do you move the Resolution for
RESOLUTIONS 11:53 a.m.
Minister for Education (Dr Matthew O. Prempeh) (MP) 11:53 a.m.
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181 of the 1992 Constitution and sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), the terms and conditions of all government borrowings shall be laid before Parliament and shall not come into operation unless the terms and conditions are approved by a resolution of Parliament in accordance with article 181 of the Constitution;
PURSUANT to the provisions of the said article 181 of the Constitution and sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), at the request of the Government of the Republic Ghana acting through the Minister responsible for Finance, there has been laid before Parliament an EKN-Backed Term Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Standard Chartered Bank, London (as Original Lender, Agent, Structuring Bank, and Mandated Lead Arranger) [with support from Exportkreditnamnden (EKN) and AB Svensk (SEK)] for an amount of one hundred and forty-seven million, four hundred and twenty thousand, five hundred and fifty euros fifty-one cents (€147, 420,550.51) to finance the construction and equipping of a new 330-bed maternity block at the Korle Bu Teaching Hospital (KBTH).
Mr Quaittoo 11:53 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 11:53 a.m.
Hon Majority Leader, where do we go from here?
Dr Prempeh 11:53 a.m.
Mr Speaker, I think there is a slight mistake. It should be Resolution listed 9 and not listed as
12.
Mr Speaker 11:53 a.m.
Hon Members, it should be corrected to Resolution listed 9 on page 7.
Mr Kyei-Mensah-Bonsu 11:53 a.m.
Mr Speaker, it appears that instead of the Motion capturing the adoption of the Resolution numbered 9, we went to that numbered 12.
Mr Speaker 11:53 a.m.
Attention was drawn by the Hon Minister and we corrected it. The Resolution listed 9 has been adopted now; I have corrected the initial error.
Mr Kyei-Mensah-Bonsu 11:53 a.m.
Mr Speaker, with respect, I am for the avoidance of doubt. You may put the Question on the adoption of the Resolution listed 9 just for the records.
I think that would be better.
Mr Speaker 11:53 a.m.
Very well, so you
want that he goes through the process again? [Interruption] Very well, Hon Minister?
Dr Prempeh 11:53 a.m.
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181(5) of the Constitution the terms and conditions of any international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181(5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Education, there has been laid before Parliament the terms and conditions of an EPC/ Turnkey Contract Agreement
between the Government of the Republic of Ghana (represented by the Ministry of Education) and Contracta Construzioni Italia s.r.l. for an amount of forty-nine million, eight hundred and ninety-one thousand, ninety-eight euros (€49,891,098.00.) for the construction of the new University of Environment and Sustainable Development at Somanya in the Eastern Region -- phase 2.
THIS HONOURABLE 11:53 a.m.
HOUSE HEREBY RE- 11:53 a.m.
Mr Quaittoo 11:53 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 11:53 a.m.
Hon Majority Leader, where do we go from here?
Mr Kyei-Mensah-Bonsu 11:53 a.m.
Mr Speaker, if we could go to item listed 48 and do about 30 minutes on that, I believe we would be able to finish with the remaining clauses.
Mr Speaker 11:53 a.m.
Item listed 48? -- [Interruption] --
Very well, Hon Majority Leader, is none of the previous items ready?
Mr Kyei-Mensah-Bonsu 11:53 a.m.
That is so; they are not ready. So, we would deal with item listed 48.
Mr Speaker 12:03 p.m.
Hon Members, before I deal with item numbered 48, I would like to make a few comments in the light of the obvious before this honourable House this morning, and then the Hon First Deputy Speaker would take us through the
Consideration stage of the item listed
48.
I am very happy with the attendance of Hon Members on my Right on this unusual day of Sitting on Saturday, which was also done last week.

We must all be mindful of the fact that for very obvious reasons, this nation is in a state of emergency and emergency measures including sacrifices are expected in such circumstances.

In fact, some are laying down their lives that others may live in hospitals and in homes throughout the world. I pray that we continue to show this kind of sense of patriotism in the light of our present circumstances which is naturally very pleasing to all concerned Ghanaians. If we cannot sacrifice at this time, I do not know whenever we can die for our nation and this is very important?

This morning, in fact, whiles we were watching developments, the Hon Minister for Finance could have been ready to address the House on matters concerning financial implications but due to the present

state of affairs, he had to put this for Monday.

Incidentally, sometimes we would want to see the Hon Minister for Finance in the House to present Papers but when he is ready to come and see to such matters, which of course will bring about the appropriate response from the Hon Members of Parliament, it is a pity that Hon Members renege on an occasion like this.

Hon Members, item numbered 48 -- Corporate Insolvency Bill, 2019 at the Consideration Stage.
BILLS -- CONSIDERATION 12:03 p.m.
STAGE 12:03 p.m.
Mr Speaker 12:03 p.m.
It is stated here, “Clause 35: Question to be put”. Hon Chairman, what is the position at this stage? Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:03 p.m.
Mr Speaker, we stood some of the clauses down for further consultations. Unfortunately, we could not meet yesterday after we adjourned and so, I would plead that we continue from clause 168. The other clauses before clause 168, as I have said, we may need to confer on them and I believe that by Monday, we can put them behind.
Mr Speaker, so let us go to page 32, clause 168.
Clause 168 -- Interpretation
Mr Banda 12:03 p.m.
Mr Speaker, I beg to move, Interpretation, add the following new definition: “‘appointing document' means the document that appoints an insolvency practitioner”.
Question put and amendment agreed to.
Mr Banda 12:03 p.m.
Mr Speaker, I beg to move, Interpretation of “body corporate” delete and insert the following: “body corporate' means a corporation formed under the
Mr Speaker 12:03 p.m.
Very well.
Hon Chairman, you may insert that and then re-phrase. Kindly do the insertion and give us a full rendition.
Mr Banda 12:03 p.m.
Mr Speaker, I beg to move, that in line 4 insert “sole” in the new rendition. It will read: “body corporate” means a corporation formed under the Companies Act, 2019 (Act 992) or otherwise and whether in Ghana or elsewhere but does not include a corporation sole such as an incorporated office”.
[Pause] --
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 12:12 p.m.
Yes, Hon Chairman, which clause were we dealing with?
Mr Banda 12:13 p.m.
Mr Speaker, with item numbered (xii) -- clause 168 on page 32, I sought to insert the word “sole” in the fourth line of the definition for “body corporate” to read ‘… a corporation sole such as an incorporated office.'
Mr First Deputy Speaker 12:13 p.m.
Very well.
Mr Kyei-Mensah-Bonsu 12:13 p.m.
Mr Speaker, my little worry is that, this whole Bill is about Corporate Insolvency and in that regard we are limiting it to companies. This insertion would then take us to another plane because it reads “body corporate means a corporation formed under the Companies Act, 2019 (Act 992) or otherwise …”
Mr Speaker, I would like the Hon Chairman to explain what “or otherwise” means in this context?
Mr First Deputy Speaker 12:13 p.m.
Hon Chairman, where did we get this rendition from; I am confused? May be it is a technical definition.
It reads: “body corporate means a corporation formed under the Companies Act, 2019 (Act 992) or otherwise, and whether in Ghana or elsewhere …”
Is there any other law under which a body corporate can be formed? I have also not come across “corporation sole” before.
Mr Banda 12:13 p.m.
Mr Speaker, a corporation sole is like the office of a lawyer which is incorporated. It is an example of a corporation sole or an incorporated office. This definition is saying that a company does not include an incorporated office.
Mr First Deputy Speaker 12:13 p.m.
Do we have any such thing as incorporated office or corporation sole under the Companies Code or any other law in Ghana?
Mr Banda 12:13 p.m.
Mr Speaker, our office is an incorporated office or a corporation sole. So the definition is
saying that strictly speaking, an office is not a body corporate within the context of the Companies Act.
Mr First Deputy Speaker 12:13 p.m.
I want to understand where you are getting this from? If I recall correctly, I registered my office at the office of the Registrar General as an enterprise. I tried to register it as a partnership, but I was told that the people I had listed as my partners were actually my juniors so I could only register it as an enterprise. Is that enterprise not a corporate body? It is.
Mr Banda 12:13 p.m.
Mr Speaker, let me probably give you a more direct example. The office of the Registrar of Companies strictly speaking is not a company within the context of the Companies Act, but it is a corporation sole or an incorporated office. That office is not set up to carry out any business, but it is an office which is incorporated. Probably the example that I gave was not an appropriate example, but that is the sense of an incorporated office.
Mr First Deputy Speaker 12:13 p.m.
I want to understand that this is within the laws of Ghana before we introduce something which would be a challenge in terms of identifying what we mean. Hon Minister for Works and Housing, maybe you can assist us?
Mr Samuel Atta Akyea 12:13 p.m.
Mr Speaker, is there any entity that can exist in terms of a corporate structure outside the Companies Act? There is none. If there is anybody that would want to operate outside the Companies Act, then that set up is an illegal set up. Therefore, this kind of distinction becomes redundant. Every entity that is supposed to function in any form, whether a corporate body or sole proprietorship and so on comes under the power of the Companies Act. So I am afraid this distinction is a bit redundant and it would not help us.
Mr First Deputy Speaker 12:13 p.m.
Incidentally, it has just been pointed out to me that that is the definition in our Companies Act (Act 992). It reads:
“body corporate means a corporation formed under this Act or otherwise and whether in Ghana or elsewhere but does not include a corporation sole such as an incorporated office”.
I did not pay attention to this, but it appears that the amendment is a reproduction of what is in the Companies Act.
Hon Chairman?
Mr Banda 12:13 p.m.
Mr Speaker, the challenge that we have is that this definition was taken from the Companies Act and what we have in the current Companies Act was also taken from the Gowers Act, which was the original Companies Code. Mr Speaker, that is the definition we have lived with for all this while hence if we want to amend this, then we would be amending this one to put it in conflict with what is in the Companies Act, and this would be a problem. So I would pray that we leave it as it is.
Mr First Deputy Speaker 12:13 p.m.
I agree with you since it is in our law.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:13 p.m.
Item numbered (xiii).
Mr Banda 12:13 p.m.
Mr Speaker, I beg to move, clause 168, Interpretation of “Companies Act”, delete “1963 (Act 179)” and insert “2019 (Act 992)”.
Mr Speaker, this is the new Companies Act.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:13 p.m.
Item numbered (xiv).
Mr Banda 12:13 p.m.
Mr Speaker, I beg to move, clause 168, Interpretation, add the following new definition:
“ ‘financial statement' in relation to a company, includes a:
(a) statement of financial position;
(b) statement of comprehensive income;
(c) statement of changes in equity;
(d) statement of cash flows; and
(e) description of significant accounting policies, and explanatory notes to the financial statement prepared in compliance with Inter- national Financial Reporting Standards approved or adopted by the Institute of Chartered Accountants, or any other standards approved or adopted by the Institute;”
Question put and amendment agreed to.
Mr First Deputy Speaker 12:13 p.m.
Item numbered (xv).
Mr Banda 12:23 p.m.
Mr Speaker, before I move the proposed amendment, I would like to do a minor correction. The word is not “nelting”. It should read “netting”.
Mr Speaker, I beg to move, clause 168, Interpretation of “nelting agreement”, after “includes” delete “nelting”.

So it will read:

“Netting agreements includes…”

and then the paragraphs will follow.

Question put and amendment agreed to.
Mr Banda 12:23 p.m.
Mr Speaker, I beg to move, clause 168, interpretation of “preference share”, line 3, delete “the”.
Question put and amendment agreed to.
Mr Banda 12:23 p.m.
Mr Speaker, I beg to move, clause 168, interpretation of “Registrar of Companies” , delete.
Mr Speaker, because a registrar which is just above Registrar of Companies has been defined to mean “Registrar of Companies”, there is no need to define “Registrar of Companies” again.
Question put and amendment agreed to.
Mr Banda 12:23 p.m.
Mr Speaker, I beg to move, new clause, add the following new clause: “Guidelines 168. The Registrar may issue guidelines in respect of
(a) fees to be paid by insolvency practitioners; and
(b) any other matter necessary for the effective implementation of this Act.”
Mr First Deputy Speaker 12:23 p.m.
Is that part of the interpretation?
Mr Banda 12:23 p.m.
Mr Speaker, it is not, but it appears this is a new clause.
Mr First Deputy Speaker 12:23 p.m.
The clause 168 there will generate confusion. I will direct the draftsperson to locate it appropriately in the Bill.
Mr Banda 12:23 p.m.
Mr Speaker, in the definition section, I would like to seek your leave to add the following “in the
post-commencement financing” at page 101 of the Bill. Definition for “post-commencement financing” is remuneration of the administrator or restructuring officer, and is also part of the post-commencement financing.
As it has been defined in (a) and (b) is, any expense that occurs in the course of the administration or restructuring of a company. And once the administrator or the restructuring officer is appointed as soon as a company goes into administration, then it goes without saying that the remuneration of the administrator or restructuring officer should form part of post-commencement financing, but as to where it should be either in paragraphs (a), (b) or (c), that should be left to the draftsperson.
Mr First Deputy Speaker 12:23 p.m.
Hon Member, we have paragraphs (a) and (b) already, so that should be added as paragraph (c). Hon Member, could you read the rendition again for the consideration of the House?
Mr Banda 12:23 p.m.
Mr Speaker, I beg to move, that the following be added as a new paragraph. “Remuneration of the administrator or restricting officer”.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:23 p.m.
Hon Members, we did not put the Question on the guidelines.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:23 p.m.
The draftspersons are hereby directed to determine where appropriately to locate it in the Bill.
Question put and amendment agreed to.
Clause 168 as amended ordered to stand part of the Bill.
New clause -- Repel and savings
Mr Banda 12:23 p.m.
Mr Speaker, I beg to move, new clause, add the following new clause:
“Transitional provisions 169. The Registrar may issue guidelines in respect of:
(1) The Minister shall, within two years after the coming into force of this Act, ensure that the Ghana Association of Restructuring and Insolvency Advisors is established under an Act of Parliament.
(2) Until the establishment of the Ghana Association of
Restructuring and Insolvency Advisors under an Act of Parliament, the Association shall assist the Registrar of Companies to train and license existing insolvency practitioners.”
Question put and amendment agreed to.
Transitional provisions are ordered to stand part of the Bill.
Short Title -- Corporate Insolvency Bill, 2019
Mr Banda 12:23 p.m.
Mr Speaker, I beg to move, before “INSOLVENCY” insert RESTRUCTURING AND”.
Mr Speaker, the Short Title would then read 12:23 p.m.
Corporate Restructuring and Insolvency Act. The purpose of this Act is to put into shape companies which are distressed. So to define it to exclude “restructuring” may not bring out the clarity of the short title of the Bill as it is expected.
Question put and amendment agreed to.
Mr Banda 12:23 p.m.
Mr Speaker, we have a few outstanding amendments to take care of. The first one is clause 35; the Question is to be put. Mr Speaker, in clause 35, we only sought to delete “permission” and insert “leave”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:33 p.m.
Mr Speaker, I just reminded the Hon Chairman because he related to just one issue. On clause 35, he says that what was left was just for the Question to be put, and he related to one issue. We said to him that in paragraph (c), there was an issue about whether or not to delete the word “company” and substitute it with “party”. I would just want to remind him that it was done, and it generated a bit of a controversy. Is it resolved? If it is resolved, then the Question could be put.
Mr First Deputy Speaker 12:33 p.m.
Yes, Hon Chairman?
Mr Banda 12:33 p.m.
Mr Speaker, for the avoidance of doubt, I think that -- [Interruption] --
Mr Kyei-Mensah-Bonsu 12:33 p.m.
Mr Speaker, I was conferring with the Hon Chairman that we would really need to have some consultations on the outstanding. We could do that on Monday. On Monday, certainly by the close of the day, we would have finished with all of them for the Consideration Stage to be concluded. I clearly remember that in clause 35, there was this issue about the use of “party” or “company” in paragraph (c). We would resolve all those ones on Monday, when we bring the stakeholders and the usual winnowing Committee down. Mr Speaker, you could therefore hold on with clauses 35, 68,106, 137, 155 and 156. These are the outstanding clauses, and I believe that we can conclude them on Monday.
Mr First Deputy Speaker 12:33 p.m.
Very well. Hon Members, that should then bring us to the end of the Consideration Stage of the Corporate Insolvency Bill, 2019 for today.
[Pause] --
Yes, Hon Majority Leader, what next?
Mr Kyei-Mensah-Bonsu 12:33 p.m.
Mr Speaker, as you said, we have come
to the end of the Consideration Stage of the Corporate Insolvency Bill, 2019 for today. We thought that we could begin with the Consideration Stage of the Education Regulatory Bodies Bill, 2019 today. I have had some discussions with the Hon Minister responsible for Education, and have decided to take that on Monday.
I believe that we should be able to finish with the Education Regulatory Bodies Bill, 2019 on Monday when we begin. I would therefore urge everyone who has any outstanding matter with the Bill to bring same on board on Monday.
As the Rt. Hon Speaker indicated, today, the Minister for Finance was programmed to be with us, but given the circumstances of the House, we have had some discussions with him. Given the fact that our Hon Colleagues are not here, he would come on Monday, so I urge all of us assembled here and those of us who were not able to come today, to note that Monday at 10.30 a. m., the Minister for Finance would be with us. When we finish with him, we would go back and deal with those other matters that I have related to, in particular, the Corporate Insolvency Bill, 2019 and the Education Regulatory Bodies Bill, 2019.
Mr Speaker, we have been informed by the Hon Minister for Education that there is another very important Bill that he would want us as a House to begin with and possibly conclude for the Ministry before we adjourn next Saturday. So I would urge colleague Hon Members that beginning from Monday, we should all be here.
I would also want to plead with them that beginning from Monday, the extended Sittings would really be extended Sittings. We would be closing not earlier than 7.00 p. m. or 8.00 p. m. on each of the days. We should all therefore gird our loins. Mr Speaker, with that said, I would want to move that this House do adjourn until Monday, the 30th of March, 2020 at 10.00 a. m. in the forenoon.
Mr Speaker, Hon Members would recollect that the President exempted the Legislature. So nobody should say that the President said that we should not be here. All of us should be here, including our Hon Colleagues on the other side. We should all be here to do serious work in the House.
Mr Speaker, before I sit, let me say that yesterday, we were predicated on the display of muscle power by the Hon Minister responsible for Education, so he must not disappoint us,
Mr First Deputy Speaker 12:33 p.m.
What did you say the Hon Minister did? I did not get it. I would want to understand that before I give him the option to --
Mr Kyei-Mensah-Bonsu 12:33 p.m.
Mr Speaker, I said that this meeting was basically predicated on the assurance of the Hon Minister responsible for Education that he was determined and purposed to display muscle power today. I am therefore saying that he should not disappoint us.
Mr First Deputy Speaker 12:33 p.m.
That is off records, unless the Hon Minister would want to say something on record.
Dr Mathew O. Prempeh 12:33 p.m.
Mr Speaker, it is true that we were determined to show muscle power, but the troops were not deployed and we are breaking till Monday. So, on Monday, muscle power would come. [Laughter]
Mr First Deputy Speaker 12:33 p.m.
Hon Members, the Motion has been moved. I would want a seconder.
Hon Majority Leader, are members of the Judiciary going to have any pass, should we be confronted in any way to prove that we are members of the Judiciary?
Mr Kyei-Mensah-Bonsu 12:33 p.m.
Mr Speaker, we belong to the Legislature, not the Judiciary.
Mr First Deputy Speaker 12:33 p.m.
Sorry, I meant the Legislature.
Mr Kyei-Mensah-Bonsu 12:33 p.m.
Mr Speaker, we all have our cards. So anyone of us who is confronted by the security agencies should display his card. That should also go to Hon Members who are not in the Chamber with us.
Mr First Deputy Speaker 12:33 p.m.
The Motion for adjournment has been moved. Any seconder?
Mr Anim 12:33 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Mr First Deputy Speaker 12:33 p.m.
Hon Members, this House is adjourned till Monday, 30th of March, 2020 at 10.00 a. m. in the forenoon.
Hon Majority Leader, I have adjourned.
Mr Kyei-Mensah-Bonsu 12:33 p.m.
Mr Speaker, I think that it is important to remind Hon Members that when the
Hon Speaker calls for an adjournment, not until the Hon Speaker rises, nobody can rise. So those of them who have risen should sit down.
ADJOURNMENT 12:33 p.m.