Debates of 22 May 2020

MR SPEAKER
PRAYERS 10:50 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:50 a.m.
Mr Speaker 10:50 a.m.
Hon Members, we have the Votes and Proceedings of 21st May, 2020 for correction.
Mr Speaker 10:50 a.m.
Hon Members, we would move on to the item listed as 3 -- Business Statement for the second week, by the Hon Chairman of the Business Committee and Majority Leader.
BUSINESS OF THE HOUSE 10:50 a.m.
Majority Leader/Chairman of the Business Committee (Mr Osei Kyei-Mensah-Bonsu) 10:50 a.m.
Mr Speaker, the Committee met yesterday, Thursday, 21st May, 2020 and arranged Business of the House for the Second Week ending Friday, 29th May, 2020.
Mr Speaker, the Committee accordingly submits its Report as follows 10:50 a.m.
Arrangement of Business
Formal Communications by the Speaker
Mr Speaker, you may read any available communication to the House.
Questions
Mr Speaker, the Business Committee has scheduled the following Ministers to respond to Questions asked of them during the week:
No. of Question(s)
i. Minister for Local Government and Rural Development 1
ii.Minister for Railways Development 1
iii. Minister for Trade and Industry 1
iv. Minister for Youth and Sports 1
v. Minister for Sanitation and Water Resources 1
vi. Minister for Education 1
vii. Minister for Tourism, Arts and Culture 1
viii. Minister for Finance 1
ix. Minister for Roads and Highways 3
Total Number of Questions 11
Mr Speaker, in all, nine Ministers are expected to attend upon the House to respond to 11 Questions during the week.
Mr Speaker, the Hon Minister for Local Government and Rural Development was programmed by the Committee to be in the House to respond to a Question in the name of Hon Linda Obenewaa Akweley Ocloo on Tuesday. Yesterday in the evening, the Hon Minister sounded that she would have to be in her constituency for the celebration of the end of the Ramadan and would only be back in Accra on Tuesday. Mr Speaker, accordingly, we shall reschedule the Question to Wednesday for the Hon Minister to come and respond to same.
Statements
Mr Speaker, pursuant to Standing Order 70(2), Ministers of State may be permitted to make Statements of Government policy. Statements duly admitted by Mr Speaker may be made in the House by Hon Members, in accordance with Standing Order
72.
Bills, Papers and Reports
Mr Speaker, Bills may be presented to the House for First Reading in accordance with Standing Order 120. However, those of urgent nature may be taken through the various stages in one day in accordance with Standing Order 119.
Mr Speaker, the Committee accordingly submits its Report as follows 10:50 a.m.
Pursuant to Order 75, Papers for presentation to the House may be placed on the Order Paper for laying. Committee reports may also be presented to the House for consideration.
Motions and Resolutions
Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.
Meeting of Leadership, Committee Leadership, and Ministers
Mr Speaker, as the House may already be aware, the Hon Majority Leader and Minister for Parliamentary Affairs, on Monday, 18th May, 2020, held a meeting with Ministers of State and officials of the various Ministries, Departments and Agencies (MDAs) to deliberate on any business the MDAs intend to present for the consideration of Parliament during the Second Meeting.
Mr Speaker, as a follow-up to the said meeting, the Business Committee proposes another meeting involving Leadership, Committee Leadership and Ministers of State to prioritise government business, having regard to the exigencies of the time. Details of
the meeting, in respect of the specific day, time and venue, would be communicated to the stakeholders listed in due course.
Consideration Stage of Bills --
Mr Speaker, in view of the number of Bills at the Consideration Stage, the Business Committee proposes that the House devotes the early hours of each Sitting day to the Consideration Stage of Bills to enable the clearing of the pile of Bills at this stage of passage.
Conclusion
Mr Speaker, in accordance with Standing Order 160(2) and subject to Standing Order 53, the Committee submits to this honourable House the order in which the Business of the House shall be taken during the week under consideration.

Questions

*706. Ms Linda Obenewaa Akweley Ocloo (Shai- Osudoku): To ask the Minister for Local Government and Rural Development when construction works on market centres for the

following communities in the Shai-Osudoku Constituency will be undertaken: (i) Dodowa (ii) Asutsuare (iii) Doryumu.

*707. Mr Frank Annoh- Dompreh (Nsawam- Adoagyiri): To ask the Minister for Railways Development when works on the Achimota -- Nsawam railway line will be completed.

Statements

Presentation of Papers

(a) Budget Performance Report in Respect of the Ministry of Environment, Science, Technology and Innovation for the Period January to December, 2019.

(b) Budget Performance Report in Respect of the National Commission for Civic Education for the Period January to December, 2019.

(c) Budget Performance Report in Respect of the Ministry of Chieftaincy and Religious Affairs for the Period January to December, 2019.

(d) Budget Performance Report in Respect of the Ministry of Local Government and Rural Development for the Period January to December, 2019.

(e) Annual Report of the Public Utilities and Regulatory Commission for the Year

2018.

(f) Performance Audit Report of the Auditor-General on Capital Projects Funded Through the District Development Facility (DDF) in 30 Ministries, Municipalities, Districts and Agencies (MMDAs) in Ghana under the Supervision of the Ministry of Local Govern- ment and Rural Development.

(g) Request for waiver of Domestic Value Added Tax (VAT) amounting to the Ghana cedi equivalent of three million, one hundred and fifty-five thousand, two hundred and forty-four United States dollars eighty- eight cents (US$3,155, 244.88) on local purchases and services in respect of the Rehabilitation and Upgrading of Equipment in Technical Universities, Polytechnics and Technical and Vocational
Mr Speaker, the Committee accordingly submits its Report as follows 10:50 a.m.
Training Centres under the Government Concessional Loan Agreement between the Government of the Republic of Ghana and the Export- Import Bank of China.
(h)Request for waiver of Import Duties, Import VAT, GETFund Levy, Import NHIL Levy, and EXIM Levy amounting to the Ghana cedi equivalent of three hundred and forty-seven thousand, one hundred and seventy-four United States dollars forty- five cents (US$347, 174.45) on plant, machinery and equipment or parts to be procured by Camelot Ghana Limited under the imple- mentation of the One District One Factory (1D1F) programme.
(i) Request for waiver of Import Duties, Import VAT, GET- Fund Levy, Import NHIL Levy, and EXIM Levy amounting to the Ghana cedi equivalent of one hundred and thirty-one thousand, nine hundred and eighty-eight United States dollars (US$131,988.00) on materials, plant, machinery and equipment or parts to be procured by 01 Limited
under the implementation of the One District One Factory (1D1F) programme.
Consideration Stage of Bills --
Chartered Institute of Human Resource Management Bill,
2020.
Committee Sittings.

Questions

*708. Mr Samuel Abdulai Jabanyite (Chereponi): To ask the Minister for Trade and Industry the current status of the Komenda Sugar Factory and efforts being made to operationalise the factory.

*709. Mr Stephen M.E.K. Ackah (Suaman): To ask the Minister for Youth and Sports when the report on the investigations conducted by the Normalisation Committee with regard to the abysmal performance of the Black Stars during the AFCON 2019 competition in Egypt would be published.

*710. Mr Derek Ohene Assifo Bekoe (Upper West Akim): To ask the Minister for Sanitation and Water Resources what plans the Ministry has to connect Adeiso, the capital of the Upper West Akim District, to water supply from Ghana Water Company Limited.

Statements

Presentation of Papers --

(a) Budget Performance Report in Respect of the Ministry of Foreign Affairs and Regional Integration for the Period January to December, 2019.

(b) Bilateral Agreement between the Government of the Republic of Ghana and the Government of the Federation of Saint Christopher (St. Kitts) and Nevis on the Waiver of Visa Requirements for Holders of Diplomatic and Service Passports.

(c) Bilateral Agreement between the Government of the Republic of Ghana and the Government of the Republic of Suriname on the Waiver of
Mr Speaker, the Committee accordingly submits its Report as follows 10:50 a.m.
and Grenadines on the Waiver of Visa Requirements for Holders of Diplomatic, Service/Official and Ordinary Passports.
(h)Bilateral Agreement between the Government of the Republic of Ghana and the Government of the United Arab Emirates (UAE) on the Waiver of Visa Requirements for Holders of Diplomatic and Service/Official Ordinary Passports.
(i) Bilateral Agreement between the Government of the Republic of Ghana and the Government of the State of Qatar on the Waiver of Visa Requirements for Holders of Ghanaian Diplomatic Passports and Holders of Qatar Diplomatic and Special.
(i) Bilateral Agreement between the Government of the Republic of Ghana and the Government of Jamaica on the Waiver of Visa.
Requirements for Holders of Diplomatic, Service and Ordinary Passports.
Motions
Second Reading of Bills --
Revenue Administration (Amendment) Bill, 2020.
Consideration Stage of Bills --
Chartered Institute of Human Resource Management Bill, 2020. (Continuation)
Committee Sittings

Questions

*711. Dr Clement A. Apaak (Builsa South): To ask the Minister for Education the number of Senior High Schools benefitting from the 804 infrastructural projects announced by the Ministry, including the number of types of projects per school, the number of projects completed and their locations.

*712. Mr Samuel Okudzeto Ablakwa (North Tongu): To ask the Minister for Tourism, Arts and Culture the volume of visitors associated

with the Year of Return initiative and the estimated economic gains to Ghana for the 2019 fiscal year.

*713. Ms Mavis Nkansah- Boadu (Afigya-Sekyere East): To ask the Minister for Finance why the Bank Hospital has not been open to the public.

Statements

Presentation of Papers --

Report of the Committee on Mines and Energy on the 2020 Work Programme of the Ghana National Petroleum Cor- poration (GNPC).

Consideration Stage of Bills --

Chartered Institute of Marketing Bill, 2020.

Committee Sittings.

Questions

*714. Mr Samuel Nartey George (Ningo- Prampram): To ask the Minister for Roads and Highways when works

that have stalled on the following roads in the Ningo- Prampram Constituency would resume: (i) Afienya - Dawhenya (ii) Old Ningo - Wekumagbe (iii) Old Ningo - Tsopoli (iv) New Jerusalem - Appolonia (v) Afienya - Dodowa.

*715. Ms Linda Obenewaa Akweley Ocloo (Shai- Osudoku): To ask the Minister for Roads and Highways when construction works on the following roads in the Shai-Osudoku Constituency will commence: (i) Osuwem - Agortor (ii) Asutsuare - Aveyime (iii) Agomeda - Kordiabe.

Mr Speaker, the Hon Minister for Local Government and Rural Development was programmed by the Committee to be in the House to respond to a Question in the name of the Hon Linda Obenewaa Akweley Ocloo, and it was scheduled for Tuesday.

Yesterday in the evening, the Hon Minister sounded that she would have to be in her constituency for the celebration of the end of the Ramadan and would only be back in Accra on
Mr Speaker 11 a.m.
Thank you very much, Hon Majority Leader.

Yes, Hon Member for Kumbungu?
Mr Ras Mubarak (NDC -- Kumbungu) 11 a.m.
I thank you very much, Mr Speaker. On the cover page, a slight correction of the figure “12”; it should read “11” on the cover page.
Mr Speaker, if we go to page 3 as well, the item listed as (g), in respect of the Bilateral Agreement; Saint Vincent and Grenadines, the definite article, “the” is omitted in the Grenadines.
Mr Speaker, having made these corrections, may I draw the attention of the House to the urgent need for the Minister for Employment and Labour Relations to be in the House to apprise the House of the employment figures and the impact of COVID-19 on jobs in the country. It is important that the Hon Minister gives us this information so that we know exactly what is happening in respect of job losses in the country.
I thank you, Mr Speaker.
Mr Speaker 11 a.m.
Thank you very much.
Yes, Hon Samuel Okudzeto Ablakwa?
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 11 a.m.
Mr Speaker, I am most grateful. Mr Speaker, there are also some additional corrections I would like to point to from the Business Statement. On the cover page, the item numbered (vii) should be “the Minister for Tourism, Arts and Culture.”
Also, on the attachment, if the Hon Majority Leader could kindly have a look at the item numbered (3)(g), the figure, US$3,155,244.88, the rendition in words do not tally with the figure. It reads: three million, one hundred and fifty-five thousand, two hundred and forty-five United States dollars eighty-eight cents.
Mr Speaker, on the third page of the attachment, there is nothing like “Service/Official Ordinary Passport”. I believe we need some clean up to do over there.
Mr Speaker, finally, on the final page of the attachment, page 4; Presentation of Papers -- Report of the Committee on Mines and Energy on the 2020 Work Programme of the Ghana National Corporation (GNPC). “Petroleum” is omitted. It should be Ghana National Petroleum Corporation (GNPC). If we could correct that accordingly?
Mr Speaker, now, the Hon Majority Leader raises a very important issue which emanates from the meeting we held for the Leadership of Committees.
This matter came up very strongly at the meeting and we would appeal to the Hon Majority Leader that we should have larger meetings to have the Leadership of the House and Ministers of State because it became clear that the Leadership of Committees cannot really push this business without particularly the support of the Ministers of State and with the Leadership of the House.
Mr Speaker, I was looking forward to see the exact day for the meeting, but it appears that the Majority Leader is unable to, at this point, give us an indication on exactly when we shall meet. I hope that we would get confirmation as soon as possible so that we could resolve that very important matter.
Mr Speaker, then, I would like to indicate that we have received the Report from the Office of the President complying with the Presidential Office Act, 1993, (Act 463), Section 11 specifically.
Mr Speaker, but the list of Ministers of State as provided on Appendix “C”, page 7, we have only
Mr Speaker 11 a.m.
Yes, Hon Member for Adaklu?
Mr Kwame Governs Agbodza (NDC -- Adaklu) 11:10 a.m.
Mr Speaker, I thank you for the opportunity. I would like to thank the Leader of the House for the presentation of the Business Statement for next week.
Mr Speaker, my first comment is in relation to the item numbered 4 on the cover page; Consideration Stage of Bills. At the beginning of the week, indeed, the Hon Majority Leader himself gave us a tall list of things we ought to do before we go on recess. And we all agree that we need to cooperate to do these.
Mr Speaker, we are less than 50 in the House today; we know we are in difficult times, but we are still unable to start work on time. As I said, you are always here before 10 o'clock; if we make rules or we say things and we cannot abide by them, then, what is the point in us stating these things on paper when we can never adhere to them?
Mr Speaker, we want to avoid the situation where towards the end of the Meeting, we are inundated with
business and we have to Sit beyond what even health and safety protocols would not admit.
Mr Speaker, this is not my job; it is the job of the Leader of the House to ensure that we encourage Members of Parliament to be here so that we start work on time. That is my first point.

Mr Speaker, the second point is that it has become very topical that people are attributing all sorts of things to the current Electoral Commission (EC). Election in this country is a big issue. I was in this House when Madam Charlotte Osei, the then Chairperson of the EC, came here in a Closed Sitting and we MPs elicited whatever we wanted to hear from her.

We would have elections in a few months and we are hearing all sorts of things about what the EC is doing or not doing. I think that it is important for the Chairperson of the EC to be brought to this House to update MPs on what exactly the Commission is doing to ensure free and fair elections in December.

Mr Speaker, anything short of this would be an act of preventing MPs, the people's representatives, the opportunity to interact with the EC, so that we can report back to our constituents to prepare adequately for this year's election.

This is a plea I am making, that Leadership prepare and invite the Chairperson of the EC to appear before the House, so that we can elicit whatever information we want to get from her.

Thank you very much, Mr Speaker.
Minority Leader (Mr Haruna Iddrisu) 11:10 a.m.
I thank you, Mr Speaker, for the opportunity and I thank the Leader of Government Business as well.
I have two requests and the first has to do with time management. I know you are very punctual and I still go with your code on punctuality but it appears that we are not able to start at 10.00 a. m. because you always send your men to assess the readiness of the House in terms of quorum in accordance with article 102 of the 1992 Constitution before we commence business.
Mr Speaker, however, if you look at Standing Order 40(2), we are to commence business at 10.00 a. m. and probably end public business at
Minority Leader (Mr Haruna Iddrisu) 11:20 a.m.
Mr Speaker, when Business Statements are submitted and comments are to be made, they should be restricted to the Business Statement. However, Hon Mubarak has that uncanny ability to introduce new ventures into the Business Statement. I think that I have grown to live with it, so I will live with it. I would like to however, remind him that he knows what process to follow.
Hon Ablakwa drew attention to some figures and I agree with him. What I saw was that they attempted to round up the figure and that is the US$3,155,245. If that was the case, the “88 cents” should not have appeared, but once the “88 cents” is introduced, we should go back to the original which is US$3,155,244.88. So I think that the right thing would be done when it comes to the presentation of the document in respect of that matter.

Mr Speaker, he referred to a correction that must be effected in the name of the Ghana National Petroleum Corporation (GNPC). I think that I raised the same issue yesterday but unfortunately, I seemed

to have been caught up in the same web as I raised yesterday. This time around, it could be blamed on the printer's devil.

Mr Speaker, the meeting of the House Leadership and Hon Ministers to resolve the adoption of matters that are urgent and which should engage the attention of the House -- it is in pursuit of that effort that the Hon Whips were charged with the responsibility of meeting the leadership of the Committees.

Once that has been done, we would move to the next step to engage the various Hon Ministers to relook at their own priority items in order for us to be able to deal with the matters. It is difficult in these environments to predict what may happen in the next three or four weeks, maybe, and that is why I said the other time that, we need to make hay while the sun shines.

Mr Speaker, the other matter that he spoke about was reports from the Presidency on the staff strength at the Presidency. I think it has become his pet topic. Initially, he raised the issue that they had not been compliant -- I indicated to him way back in March that there had been compliance and that I knew a report was on its way to the House. If he looks at the date, he would realise that the President
Mr Speaker 11:20 a.m.
Thank you very much, Hon Majority Leader.
Yes, Hon Minority Leader?
Mr Iddrisu 11:20 a.m.
Mr Speaker, on page 4 of the Business Statement, on the Report of the Committee on Mines and Energy on the 2020 Work Programme of the Ghana National Petroleum Corporation (GNPC), procedurally, there must have been a request and a referral to a Committee.
GNPC itself and its budget has been consumed by the impact of COVID-19. So if we expect a Report from the Committee, then they have to come back to the House with a new request, knowing the numbers that we know, particularly, with the price of crude which has come beyond the US$ 68 predicted in the budget to around US$ 20. Naturally, that would change. So apart from this, we need to respond to the procedural issue on the Committee on Mines and Energy to deal with this.
Mr Speaker, finally, I drew the Hon Majority Leader's attention that the Hon Member for Bawku Central, Mr Mahama Ayariga, has filed a Motion for some action pursuant to article 11 of the 1992 Constitution and subsidiary legislation on the Electoral Commission's Constitutional Instrument before us. I know I handed it over to the Table Office. We would be awaiting your action on it.
Mr Speaker, but the Hon Majority Leader said to me at the Business Committee Meeting that he had not sighted a copy. So if it is in the hands of the Hon Speaker, the Table officers should ensure that we know its fate when it gets out.
Mr Speaker 11:30 a.m.
Hon Majority Leader, but before then, if you would allow the Hon Annoh-Dompreh?
Mr Annoh-Dompreh 11:30 a.m.
Mr Speaker, I thank you for your indulgence. I tried to bring this matter to the attention of our respected Hon Majority Leader on page 2 of the Business Statement -- Presentation of Papers.
First of all, I would want to commend Leadership; this agreement is a concern that had been so dear to the Committee. We have been
Mr Kyei-Mensah-Bonsu 11:30 a.m.
Mr Speaker, the first issue raised by the Hon Minority Leader in respect of the correction that he sought to be effected in the Work Programme of the GNPC had already been raised
by the Hon Okudzeto Ablakwa and I had duly responded to same.
Mr Speaker, the Work Programme of the GNPC is really required to be submitted to Parliament before the consideration of the Budget. Ordinarily, that is how it should be but unfortunately, I think they are not able to submit same timeously. That is how it should be.
Mr Speaker, of course, there would be shortfalls with the impact of COVID-19 and the slackened demand for petroleum which has really caused the nose-diving of international crude prices. Certainly, it would be negatively affected. That then would be borne out by the Mid- Year Review of the Minister for Finance.
It is not only limited to the performance of GNPC; all sectors of the economy would be impacted negatively, and it is the reason the forecast for the growth of the economy is cascading downwards from 6.8 per cent to about 1.6 to 1.8 per cent.
Mr Speaker, this means that something really should have to be done. As I said, that would be reflected by the Minister for Finance when he submits the Mid-Year Review to be followed in all likelihood
by a request for supplementary estimates. So, that would be taken care of when we get there.
Mr Speaker, the Hon Minority Leader, in indicating to me as he did at the Business Committee level is aware that Hon Ayariga has filed a Motion asking me to be conscious of that. The admissibility of Motions just as the admissibility of Questions is the sole preserve of the Rt Hon Speaker. Once the Rt Hon Speaker accepts it, then, perhaps, it would come to the Business Committee to be programmed.
Mr Speaker, but yesterday, when I asked him about the nature and character of the Motion, he said it had to do with article 11(7) of the Constitution. Really, I was trying to arouse myself about the competence of that Motion if indeed it has to do with -- [Interruption] --
Should I leave it with the Rt Hon Speaker? [Interruption] -- I agree with you but why then would you raise it here? If you wanted me to leave it with Mr Speaker, why did you raise it here? You wanted to use the route of a window to alert the House that there is such a Motion. So I am also giving a temporary response that I do not really -- if what you have told me is right situating it within the context

Mr Speaker, I have not started the debate. Talk to the Hon Minority Leader; he should not have used the window route to introduce this matter. But if it has to be admitted today, I would indicate to you; I am “an ever ready battery”; people would know where they belong to.

Mr Speaker, the other matter raised by the Hon Chairman of the Committee on Foreign Affairs is relevant but I would leave it to the Hon Minister for Foreign Affairs and Regional Integration to come and respond to that. I however know that ordinary passports are not covered by such arrangements but not knowing what might have happened, let us wait for the Hon Minister in charge to come and respond to it.

Mr Speaker, I thank you very much.
Mr Speaker 11:30 a.m.
I thank you very much, Hon Majority Leader. The Business Statement as presented is accordingly admitted.
Mr Kyei-Mensah-Bonsu 11:30 a.m.
Mr Speaker, the Hon Minister for Lands and Natural Resources gave an indication yesterday that he would be with us to deal with this. Unfortunately, it has not been possible for him to get here and so if the House indulges me, I would do the presentation on behalf of the Hon Minister.
Mr Speaker 11:30 a.m.
Very well, item numbered (a) on the Order Paper Addendum?
PAPERS 11:30 a.m.
-- 11:30 a.m.
Mr Speaker 11:40 a.m.
Item numbered (b) by the Hon Chairman of the Committee?
Mr Iddrisu 11:40 a.m.
Mr Speaker, if you can refer the Paper to the Committee on Mines and Energy or that it should be a joint one? This is because these are lease agreements as I understand.
Mr Speaker 11:40 a.m.
In the absence of any objection, it is varied accordingly.
Referred to the Committee on Mines and Energy.
Mr Speaker 11:40 a.m.
Item numbered (b). By the Hon Chairman of the Committee on Mines and Energy.
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Mr Speaker, for the (a), these are really leases that are in operation and we would want to monetise them. It is a monetisation of these subsistence leases and so I would rather plead that we add the leadership of the Finance Committee to it.
Mr Speaker 11:40 a.m.
The Leadership of the Finance Committee should be added accordingly.
Yes, item numbered (b), by the Hon Chairman of the Mines and Energy Committee. Is the Hon Chairman in the House?
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Mr Speaker, the Hon Ranking Member of the Committee on Mines and Energy indicates to me that the Report is ready. So he could lay the Report on behalf of the Committee. [Interruption] --
Mr Speaker, it is not ready. I got a different signal. So we will stand it down.
Mr Speaker 11:40 a.m.
We will proceed since the Report is not ready.
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Mr Speaker, he is indicating that he is not ready and so, it would have to be stood down.
Mr Speaker 11:40 a.m.
Hon Members, shall we go to the original Order Paper? Item numbered 5(a). At the Commencement of Public Business, presentation of Papers by the Hon Chairman of the Committee on Mines and Energy.
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Mr Speaker, it is what I just related to. In fact, on the original Order Paper, we noticed a mistake and asked that it be corrected yesterday. Un- fortunately, the same was repeated.
However, the Table Officers have submitted a new Order Paper which is the Order Paper Addendum which corrects what is captured in item numbered 5(a) and that is captured as (b) on the Order Paper Addendum. This is why I called the Hon Ranking Member and he indicated that the Report is not yet ready. So we will stand it down as I have indicated early on.
Mr Speaker 11:40 a.m.
Very well.
Item numbered 5(b) by the Chairman of the Finance Committee.
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Mr Speaker, I believe we can stand that one down as well.
Mr Speaker 11:40 a.m.
Item numbered 6?
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Mr Speaker, in respect of the item numbered 6, the Hon Attorney- General and Minister for Justice is responsible but she cannot be here until 2 o'clock in the afternoon. So we can stand that one too down and when she comes, she will lead us in that. Other than that, I would plead that we deal with -- for item numbered 7, I am told that the leadership of the Committee has discovered some mistakes and so, they want to re-consider it before the motion is moved on that.
Mr Speaker, so we can now go to item numbered 8.
Mr Speaker 11:40 a.m.
Item numbered 8 -- Education Regulatory Bodies Bill, 2019 at the Consideration Stage.
The First Deputy Speaker to take the Chair.
BILLS -- CONSIDERATION 11:40 a.m.
STAGE 11:40 a.m.
Chairman of the Committee -- (Mr William A. Quaittoo) 11:40 a.m.
Mr Speaker, yesterday we considered the Bill up to clause 79 and there was supposed to be an amendment by the Hon Majority Leader on clause 80. Unfortunately, the Order Paper does not capture clause 80.
Mr Speaker, so with your leave, we can allow the Hon Majority Leader to --
Mr Speaker 11:40 a.m.
Please, where do you want us to start from?
Mr Quaitttoo 11:40 a.m.
Mr Speaker, from clause 80.
Mr Speaker 11:40 a.m.
Hon Chairman, can you please go on?
Mr Quaittoo 11:40 a.m.
Mr Speaker, it is the Hon Majority Leader who has an amendment on clause 80.
Mr Speaker 11:40 a.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:40 a.m.
Mr Speaker, I beg to move, clause 80(2), delete line (2) and insert “one year and is renewable for not more than two terms”.
Mr Speaker, so it will read 11:40 a.m.
“An authorisation under subclause (1) shall
be for a period of one year and is renewable for not more than two terms”.
Mr Quaittoo 11:40 a.m.
Mr Speaker, if the Hon Majority Leader will advert his mind to the amendment we made yesterday, we said that; “for one year and renewable for another year only” but not “for another term”.
Mr Speaker, we said; “for one year and renewable for another year only.”
Mr Iddrisu 11:40 a.m.
Mr Speaker, I support the amendment of the Hon Majority Leader. “An authorisation under subclause (1) shall be for a period of up to two years”. -- [Introduction] -- if he is adding more years, that is why the Hon Chairman has drawn his attention to that.
If he is adding one year then the remit of clause 80(2) is to say that one can be employed as an unregistered teacher only for a year renewable only for an additional year.
Mr Speaker, if that is the remit, I support the amendment.
Mr Speaker 11:40 a.m.
An “additional year” but not “an additional term”.
Mr Quaittoo 11:50 a.m.
Mr Speaker, one year and renewable for another year only.
The rendition on the remit of what we have done before would be that the authorisation under subclause (1) shall be for a period of one year and renewable for another year only.
Mr Speaker 11:50 a.m.
Thank you.
Question put and amendment agreed to.
Mr Iddrisu 11:50 a.m.
Mr Speaker, I seek your leave and indulgence that in clause 80(1), line 2 --
Mr Speaker 11:50 a.m.
Hon Chairman, are we on clause 79 or clause 80?
Mr Quaittoo 11:50 a.m.
Mr Speaker, we are on clause 80.
Mr Kyei-Mensah-Bonsu 11:50 a.m.
Mr Speaker, the clause 72(2) that the Hon Chairman related to is in respect of temporary registration and that is where it is for one year and it is renewable yearly for not more than two additional years. However, with the permanent registration, that is valid for a period of two years.
I think we said that the permanent registration is one year and renewable yearly but not more than for two terms. So in essence the permanent registration is not more than three years, but what the Hon Chairman has related to is for the temporary registration.
Mr Quaittoo 11:50 a.m.
Mr Speaker, I understand what the Hon Majority Leader is saying but the remit here is that an individual cannot be employed for more than two years.
Mr Iddrisu 11:50 a.m.
Mr Speaker, I support the Hon Chairman. For whatever it is that the Hon Majority Leader wants to achieve, the important thing is that we do not want to encourage the employment of unregistered teachers.
Therefore if an opportunity is given at the first instance but renewable at the second instance, then they must demonstrate that they enjoy what they want to do and make sure that they are registered.
Mr Speaker, so the Hon Majority Leader should not tie it to clause 72 though what he did is neater.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 11:54 a.m.
Hon Chairman, what clause are we considering now?
Mr Quaittoo 11:54 a.m.
Mr Speaker, we are on clause 80 and the Hon Majority Leader had proposed an amendment to subclause (2), but I think I have convinced him to abandon the amendment. Mr Speaker, he wanted the employment of unregistered teachers to be done for only two years within which they should get the needed qualification to register to be employed fully.
Mr First Deputy Speaker 11:54 a.m.
Very well.
Mr Kyei-Mensah-Bonsu 11:54 a.m.
Mr Speaker, the employment of unregistered teachers should be for two years, as the Hon Chairman has said, but if you look at clause 80(1), we wanted to create a special provision for the employment of unregistered teachers in deprived communities.
Mr Speaker, the emphasis is on deprived communities and that is why we said that in that instance, perhaps it could be three years but not beyond
three years. This is for deprived communities but if the Hon Chairman insists that it should still be two years then I would not drag it.
Mr First Deputy Speaker 11:54 a.m.
Hon Member for Wa West?
Mr Chireh 11:54 a.m.
Mr Speaker, what the Hon Majority Leader is saying has some relevance because according to my notes I have with me, we changed the two years in subclause (3) to three years. If we maintain the two years then there would be a contradiction. [Interruption]
Alright.
Mr First Deputy Speaker 11:54 a.m.
So, where is the proposed amendment? Are we amending subclause (2)?
Mr Kyei-Mensah-Bonsu 11:54 a.m.
Mr Speaker, maybe, if I move the amendment for clause 80(3) then the Hon Chairman would have understood what I really meant. It was because I felt we could go sequentially that is why I left it at clause 80(2).
Mr Speaker, I intend to move another amendment to clause 80(3) to read; “A person employed under subsection (1) shall take the necessary steps to acquire the relevant
Mr First Deputy Speaker 11:54 a.m.
Hon Majority Leader, I want to understand. Are you proposing to amend the two years of employment to three years of employment?
Mr Kyei-Mensah-Bonsu 11:54 a.m.
Mr Speaker, the first one I am proposing is that clause 80, delete line 2, and insert “one year and renewable yearly for not more than two additional years”.
This would then take care of the peculiar needs of deprived communities who may have the unregistered teachers. However, as a follow up in subclause (3), I am proposing that “A person employed under subsection (1) shall take the necessary steps to acquire the relevant qualification needed to be registered by the Board within three years of employment”.
Mr Chireh 11:54 a.m.
Mr Speaker, in my notes I have for subclause (2) ‘“an authorisation under subsection (1)
shall be for a period of up to one year and renewable for not more than two terms”'.
Mr Speaker, it means that there could be a one-year registration which could be renewed twice to make it three registrations. This would be in accord with subclause (3) where there is a maximum of three years for acquiring the qualification, in the case of the deprived areas.
Mr First Deputy Speaker noon
If I heard the Hon Majority Leader right, he said it shall be for a period of one year and annually for two more years. Is that the rendition you want us to take?
Yes, Hon Chairman?
Mr Quaittoo noon
Mr Speaker, I would want us to maintain this and say “and renewable for another year only”, which still makes it three years. We would maintain this.
“An authorisation under subclause (1) shall be for a period of up to two years and renewable for another year only.”
It would still make it three years.
Mr First Deputy Speaker noon
But we compared it to what we did yesterday, where the renewal is for only one year.
Alhaji Inusah A. B. Fuseini noon
Mr Speaker, I have in my notes here that we have said that we should have “up to two years”. If a person is an unregistered teacher, we would want to monitor his performance, and so we do not give him up to two years even though that would be remedied administratively. We should put in the law that it should be within a year so that if after the end of the year, a person performs well and we think he should renew, he could renew for another year. But we said that it should be captured:
“An authorisation under subclause (1) shall be for a period of one year and is renewable yearly for not more than two years”.
In subclause (3), we deleted the “two years” because we are now saying it should be up to three years maximum. So we are to delete “two years” and insert “three years”.
Mr First Deputy Speaker noon
Alright, kindly repeat the rendition so that I put the Question.
Alhaji I.A.B. Fuseini noon
Mr Speaker, the rendition is:”
“An authorisation under subsection (1) shall be for a period of one year and is renewable yearly for not more than two years”.
Mr Kyei-Mensah-Bonsu noon
Mr Speaker, what we said was
“…one year and is renewable yearly for not more than two additional years.”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu noon
Mr Speaker, under clause 80(3), the consequential amendment is that, in line 3, delete “two” and insert “three”, so that it reads:
“The person employed under subclause (1) shall take the necessary steps to acquire the relevant qualification needed to be registered by the Board within three years of employment”.
Question put and amendment agreed to.
Mr First Deputy Speaker noon
Mr Speaker, consequentially, I think we

should also look at clause 80(4), line 3. What is there should read “three years”.

Question put and amendment agreed to.

Clause 80 as amended ordered to stand part of the Bill.

Clause 81 -- Notice of change of name or address
Mr Quaittoo noon
Mr Speaker, I beg to move, clause 81, line 2, delete “in” and insert “of”.
The rendition would now read:”
“A registered teacher shall notify the Registrar of a change of name or address within 30 days of the change”.
Question put and amendment agreed to.
Clause 81 as amended ordered to stand part of the Bill.
Clause 82 -- Offences and penalty
Mr Quaittoo noon
Mr Speaker, I beg to move, clause 82, paragraph (a), line 1, delete “qualified”
Mr First Deputy Speaker noon
Yes, Hon Member for Wa West?
Mr Joseph Yieleh Chireh noon
Mr Speaker, after we removed “qualified”, we put there “registered” to read:
“A person who purports to be a registered teacher -- “[Interruption] Is it superfluous? [pause]. Then I drop it.
Question put and amendment agreed to.
Mr First Deputy Speaker noon
Item (iii)?
Mr Quaittoo noon
Mr Speaker, I beg to move, clause 82 , closing phrase, lines 1 to 3, delete “not less than five hundred penalty units and not more than one thousand penalty units” and insert the following:
“not less than seven hundred and fifty penalty units and not more than one thousand five hundred penalty units”.
Mr Speaker, just this morning, looking at what happened yesterday, I have a problem with it. If we look at the other punishment, from three months up to six months, if we insert this at the end of the closing phrase of paragraph (f), we would have:
“commits an offence and is liable on summary conviction to a fine
of not less than seven hundred and fifty penalty units and not more than one thousand five hundred penalty units or to a term of imprisonment of not less than three months and not more than one year or to both”.
Yesterday we were debating on the relationship between the penalty units and the term of imprisonment. So taking the minimum penalty units here alone goes even beyond three or four years.
Mr First Deputy Speaker noon
The penalty units proposed goes with what higher term of imprisonment. So we probably would want to use a term of imprisonment we want as the benchmark for determining the penalty units.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu noon
Mr Speaker, that exactly was the consideration. We said here that the term of imprisonment should be between two and five years for that to form the basis in the determination of the penalty units. So the draftspersons should take that into consideration. We said the base should be two years and the ceiling should be five years. That should help to determine the penalty units.
Mr First Deputy Speaker 12:10 p.m.
Very well. I would put the Question on the amendment and give the consequential direction.
Question put and amendment agreed to.
I direct that the draftsperson inserts the appropriate penalty units commensurate with the prison terms prescribed in the clause.
Mr Banda 12:10 p.m.
Mr Speaker, it is just a consequential correction. In clause 82 (c), “practice” should be spelt “practise” and then in clause 82 (d), the first line, “practice” should be spelt “practise”.
Question put and amendment agreed to.
Clause 82 as amended ordered to stand part of the Bill.
Clause 83 -- Regulations.
Mr Quaittoo 12:10 p.m.
Mr Speaker, I beg to move, clause 83, subclause (1), line 3, after “effective” insert “and efficient”.
Question put and amendment agreed to.
Mr Quaittoo 12:10 p.m.
Mr Speaker, I beg to move, clause 83, subclause (2), paragraph (a), line 1, delete “further matters with regards” and insert “matters with regard”.
Mr Speaker, the new rendition would read 12:10 p.m.
“…provide for matter with regard to the registration and licensing of teachers.”
Question put and amendment agreed to.
Mr Quaittoo 12:10 p.m.
Mr Speaker, I beg to move, clause 83, subclause (2), add the following new paragraphs:
“provide a framework for the development of teacher education curriculum;
provide for any other matter necessary for the effective and efficient implementation of this Part;”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:10 p.m.
Mr Speaker, for clause 83, the content of the Regulations would be required to reflect on the content provided in section 60. Unfortunately, it does not really reflect and we asked the

Mr Speaker, I have just conferred with our aide and he has indicated to me that what we did at winnowing, unfortunately has not found expression in the Order Paper. He admits the issue that I have raised, but it is not covered here. So let us not bangle it by the work we have done thus far. In that regard, I would plead that we stand these ones down.
Mr First Deputy Speaker 12:10 p.m.
Hon Member, were you referring to clause
85?
Mr Kyei-Mensah-Bonsu 12:10 p.m.
Mr Speaker, clause 83.
Mr First Deputy Speaker 12:10 p.m.
Very well.
So the consideration of clause 83 is deferred.
Clause 84 ordered to stand part of the Bill.
Clause 85 -- Repeal and saving.
Mr Quaittoo 12:10 p.m.
Mr Speaker, I beg to move, clause 85, subclause (1), line 1, after “notices”, insert “rules or” and in line 2, delete “done or made” and insert “made or done” , and further in line 3, delete “enactments” and insert “enactment”.
Mr Speaker, the new rendition would read 12:10 p.m.
“Despite the repeal of Act 778, regulations, notices, rules or orders, direction or any other act done or made under the repealed enactment and in force immediately before the coming into force of this Act shall be considered to have been made or done under this Act shall continue to have effect until reviewed, cancelled or terminated.”
Question put and amendment agreed to.
Clause 85 as amended ordered to stand part of the Bill.
Clause 86 -- Transitional provisions
Mr Quaittoo 12:10 p.m.
Mr Speaker, I beg to move, clause 86, subclause (1), line 4, delete “hereby”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:10 p.m.
Mr Speaker, it is just a minor matter in clause 86, the antepenultimate line, I think we should just punctuate it appropriately, so that the meaning comes out well. There should be a comma after “and” and a comma after “accordingly”.
Mr First Deputy Speaker 12:20 p.m.
Hon Majority Leader, I am not following you.
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, this is perhaps for the draftspersons. I am saying that after the conjunction “and” in the fifth line, there should be a comma, and there should also be another comma after the word “accordingly”. So it would read: “…to the Council established under this Part and, accordingly, proceedings taken by or against the National Teaching Council may be continued by or against the Council.”
Mr First Deputy Speaker 12:20 p.m.
Very well, the draftspersons are ordered to insert the commas. Now, Hon Chairman, you may move the item numbered (ix).
Mr Quaittoo 12:20 p.m.
Mr Speaker, I beg to move, subclause (2), line 1, delete “moneys” and insert “money” and after “held” insert “by or.”
Mr Speaker, the new rendition would become 12:20 p.m.
“Any money in a bank account held by or on behalf of the National Teaching Council immediately in existence before the coming into force of this Act is transferred to the Council established under this Part.”
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, I would want to bring this up for the sake of consistency. For the transitional provisions that we have handled earlier, we have maintained the use of the word “moneys”. So if we would have to delete “moneys” and insert “money”, then it should reflect in all the things that we have done, beginning from the first transitional provisions that we have created.
Mr Speaker, for instance, in clauses 57(3) and 40(3), it is captured as “any moneys”. We should therefore be consistent. If the Hon Chairman is now saying that -- [Interruption] -- I am not too sure that we need to change the “moneys”. We should leave it at that.
Mr First Deputy Speaker 12:20 p.m.
Hon Chairman of the Committee, you have been asked to withdraw the first part of the amendment.
Mr Quaittoo 12:20 p.m.
Mr Speaker, we would therefore maintain the use of the word “moneys”. It would be captured as: “Any moneys in a bank account held by or on behalf of the National Teaching Council…”
Mr Banda 12:20 p.m.
Mr Speaker, if we are to maintain the plural, then it means that the auxiliary verb in the third line of the provision that we would want to amend would have to be amended to read “are”. [Interruption]
Mr Chireh 12:20 p.m.
Mr Speaker, the word “is” has been used to qualify “any”, not the word “moneys”.
Question put and amendment agreed to.
Clause 86 as amended ordered to stand part of the Bill.
Clause 87 -- Establishment of the National Schools Inspectorate Authority
Mr Quaittoo 12:20 p.m.
Mr Speaker, I beg to move, subclause (3), lines 1 and 2, delete “immovable property, the immovable property” and insert “land, the land.”
Alhaji I.A.B. Fuseini 12:20 p.m.
Mr Speaker, even before that, yesterday, the Hon Chairman was advised to just delete the phrase “with perpetual
succession” and stop there. It is consequential, so it is important that we move it to read: “in clause 87(1), line 2, delete the phrase “with perpetual succession”.
Mr First Deputy Speaker 12:20 p.m.
Yes, I think that it is consequential that in all the establishment clauses, we delete the phrase “with perpetual succession.” So the current amendment is to remove “immovable property” and insert “land”. Is that right?
Yes, Hon Chairman of the Committee?
Mr Quaittoo 12:20 p.m.
Yes, Mr Speaker, we have inserted the word “land”.
Question put and amendment agreed to.
Mr Banda 12:20 p.m.
Mr Speaker, with your permission, I would want us to go back to the amendment that I sought to effect, for which some Hon Members said I was wrong. This is with respect to --
Mr First Deputy Speaker 12:20 p.m.
Was that on clause 86?
Mr Banda 12:20 p.m.
Mr Speaker, it was on clause 86(2).
Mr First Deputy Speaker 12:20 p.m.
Hon Member, kindly permit me to include clause 87 in the Bill before we come back to that.
Clause 87 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 12:20 p.m.
Now, we can go back to clause 86.
Mr Banda 12:20 p.m.
Mr Speaker, “any” can be used for either a plural noun or a singular noun.
Mr Speaker, clause 86(2) reads 12:20 p.m.
“Any moneys in the bank…” So the auxiliary verb cannot be singular. The auxiliary verb must necessarily be plural, which should be “are”, so that in clause 86(2), line 3, it would read “are” and not “is”.
Question proposed.
Mr First Deputy Speaker 12:20 p.m.
This is the Consideration Stage so we are flexible.
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, “any” can qualify plural or singular. It could therefore be captured as “any person” or “any persons”.
Mr First Deputy Speaker 12:20 p.m.
So what is the position?
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, we should go on.
Mr First Deputy Speaker 12:20 p.m.
Very well, the proposed amendment is jettisoned.
Hon M ember, I am not saying that you have abandoned your amendment, but I was not getting support and so
-- 12:20 p.m.
Mr Quaittoo 12:20 p.m.
Mr Speaker, I support him. [Interruption]
Mr First Deputy Speaker 12:20 p.m.
What should I do? Should I put the Question on it?
Very well.
Question put and amended agreed to.
Clause 86 as amended ordered to stand part of the Bill.
Clause 88 -- Object of the Authority
Mr First Deputy Speaker 12:20 p.m.
There is no advertised amendment to clause 88.
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, what we did there is that we pluralised the word “object” and inserted “objects”; so the phrase was captured to read: “The objects of the Authority are to develop, publish, promote, enforce and sustain standards for quality education in public and private educational institutions.”
That is what we said; unfortunately, it does not find expression, but that is how it should read:
“The objects of the Authority are: to develop, publish, promote and enforce standards for quality education in public and private education institutions”.
Alhaji I.A.B. Fuseini 12:30 p.m.
Mr Speaker, I have what we agreed to in my notes. It was:
“The objects of the Authority are: to develop, publish, promote and enforce highest quality standards and guidelines for quality education in public and private pre-tertiary education institutions”.
We said, “objects of the Authority are”. So we delete “is” and insert “are”. That is where we got to.
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Mr Speaker, what my Hon Colleague is relating to is in the functions; that is in clause 89(1). We repeated the -- [Interruption]--
Mr First Deputy Speaker 12:30 p.m.
Yes, Hon Member for Wa West?
Mr Chireh 12:30 p.m.
Mr Speaker, the first thing we should do is to change “object” in the headnote to “objects” so that the subsequent ones -- and I agree with the rendition that was given by the Hon Member for Tamale Central, Alhaji Fuseini. That is what we agreed to.
Mr First Deputy Speaker 12:30 p.m.
Very well, kindly repeat the rendition for the record so that I put the Question.
Alhaji I.A.B. Fuseini 12:30 p.m.
Mr Speaker, the rendition says:
“The objects of the Authority are to develop, publish, promote and enforce highest quality standards and guidelines for quality education in public and private pre-tertiary education institutions”.
Mr Mathias Kwame Ntow 12:30 p.m.
Mr Speaker, even though I am not an Hon Member of the Winnowing Committee but I find the object of the Authority very simple and clear. The object of the Authority is to ensure quality education in public and private pre- tertiary educational institutions.
Now, what the Hon Majority Leader and my Hon Colleague are proposing, we could bring that to the
functions of the Authority to put more emphasis on the functions of the Authority.
Mr Chireh 12:30 p.m.
Mr Speaker, first of all, we must have objects, and the objects just give us an outline of what should be done. Then the functions would elaborate what is to be done to achieve the objects. So if we look at some of the formulations, we say that “to achieve the objects of this Bill...” then we list up the functions they should perform. We still think that this should remain as objects of the establishment of these institutions and then, the functions are elaborated.
To achieve the objects of the Authority, the Authority shall— then, the functions are elaborated. And if we look at it, the functions are more than the objects that we have listed; so, his concern should not be that we should remove it and put it in the functions. No, it should also stay at the level of the objects.
Mr First Deputy Speaker 12:30 p.m.
I will put the Question.
Question put and amendment agreed to.
Clause 88 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 12:30 p.m.
Clause 89?
Clause 89 -- Functions of the Authority
Mr Quaittoo 12:30 p.m.
Mr Speaker, I beg to move, clause 89, subclause (1), paragraph (a), line 2, before “institutions”, insert “education”.
Mr Speaker, I think that in clause 89, we should change the “object” to “objects”.
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Mr Speaker, I think we are going to run into some turbulence again, but we would try to do what is appropriate. The preambula to clause 89(1) should read:
“To achieve the objects of the Authority, the Authority shall
(a)Develop and enforce the highest quality standards and guidelines to be observed in public and private pre-tertiary education institutions”.
Mr Speaker, that is how it should read. If I should go over, we deleted “set” and inserted “develop”, and inserted again, “and guidelines”.
Mr First Deputy Speaker 12:30 p.m.
Hon Members, I will put the Question.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:30 p.m.
Hon Members, the item numbered (xii)?
Mr Kyei-Mensah-Bonsu 12:30 p.m.
Mr Speaker, I think clause 89(1)(b) is not listed. Again we had: “Advise District Assemblies on the maintenance of highest quality academic and educational standards.”
So in line 1, before “academic” insert “highest quality”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I beg to move, clause 89(1)(c), consequentially, in line 2, before “academic”, insert “highest quality”.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:40 p.m.
Are we still on item numbered (xii)? Hon Chairman, did you move the Motion?
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, he has not gotten there yet. Item numbered (xii) is in respect of clause 89(1)(e).
Mr First Deputy Speaker 12:40 p.m.
Very well. So where else do you want to go to?
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, clause 89(1)(e). We said that we want to have it this way:
“(e) submit half yearly reports on school inspections with the relevant recommendations to the Minister and the appropriate institutions for the improvement of learning outcomes”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, the last amendment to clause 89 (1)(g) is in line 2 which is a consequential amendment. Add “s” to “object” for it to read “the objects”.
Question put and amendment agreed to.
Mr First Deputy Speaker 12:40 p.m.
Now, we would go to item numbered (xiii).
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I think the first amendment is a minor one. I beg to move, clause 89(2), insert the definite article “the” before “functions”. The preamble of clause 2 would then read:
“The Authority shall in the performance of the functions under subsection (1)”.
Mr Speaker, if we are done with that, I could go to subclause (a) before the Hon Chairman comes in with his amendment on subclause (b). Would you want to put the Question on that one before I move the next proposed amendment?
Mr First Deputy Speaker 12:40 p.m.
Now, I am confused because I was listening to the Hon Chairman, so I am not sure whether what you are doing is different from what is in the Hon Chairman's name.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I think that we are running into the same problems that caused us to stand down clause 83(2). I think the amendment we proposed has unfortunately not been captured in the Order Paper and that is what I am striving to bring out.
Mr First Deputy Speaker 12:40 p.m.
Very well, so let us start.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I beg to move, clause 89 (2), line 1, insert “the” between “of” and “functions”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I beg to move, clause 89(2)(a), delete “set” and insert “and guidelines developed” and insert “education” before “institutions”. The new rendition would read:
“(a) publish the school effectiveness standards and guidelines developed for pre- tertiary education institutions under paragraph (a) of subsection (1) and periodically review such standards and guidelines”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I noticed that the Chairman has an amendment, to delete “penal” and insert “disciplinary” but the amendment I am moving would take care of that as well.
I beg to move, clause 89(2)(b), delete “penal” and insert “disciplinary” after “prescribe”, then insert “education” before “institution” and then delete “set” and insert “and guidelines issued”.
The new rendition would read:
“(b) prescribe disciplinary measures for a pre-tertiary education institutions that fails
to comply with the standards and guidelines issued by the Authority”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I beg to move, clause 89(2)(c), line 2, insert “education” between “pre-tertiary” and “institutions”. The new rendition would read:
“(c) publish reports and findings on the performance of pre- tertiary education institutions”.
It is consequential and the same thing should be done for clause 89(2)(d).
Question put and amendment agreed to.
Mr First Deputy Speaker 12:40 p.m.
They have all been covered now, so --
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, we have subclause 3 to consider.
Mr Quaittoo 12:40 p.m.
Item numbered (xiv) which is on subclause (2)(d), so we are now on item numbered (xv).
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Before that, again, consequentially, I beg to move, we should insert the
definite article “the” in the preamble of clause 89(3). It would read:
“(3) The Authority may, in the performance of the functions under subsections (i)''
then we continue.
Mr First Deputy Speaker 12:50 p.m.
Is it in reference to clause 89(3)?
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Yes Mr Speaker.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, I beg to move, clause 89 subclause (3) paragraph (a). In line 1, we said it should be:
“in consultation with the Minister and on the advice of the Regional Education Directorate or District Assembly concerned, temporarily or permanently, close down a pre-tertiary education institution that fails to meet the standards and guidelines set by the Authority''.
Question put and amendment agreed to.
Mr Quaittoo 12:50 p.m.
Mr Speaker, the words “and guidelines'' are missing from the Hon Majority Leader's proposed amendment to clause 89(3) (a) -- [Interruption] --
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, I inserted that --
Mr Quaittoo 12:50 p.m.
Mr Speaker, we did not hear that.
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, he should say “he did not hear it'' and not “we did not hear''.
Mr First Deputy Speaker 12:50 p.m.
Very well. The record would reflect that “guidelines'' were inserted after “standards''.
Let us proceed with the other amendment.
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, what we should concern ourselves with is now with regard to the paragraph (a). That is what the Hon Chairman proposed. This is because it is:
“close down a pre-tertiary education institution that fails to meet the standards and guidelines issued by the Authority''.
Mr First Deputy Speaker 12:50 p.m.
Yes, Hon Member for Wa West?
Mr Chireh 12:50 p.m.
Mr Speaker, the correction that was made to paragraph (a) is in order because it is one of the functions of the Authority and we said that they should not close down but recommend the closing down of schools in an emergency situation after consultation with the Hon Minister and the Regional Educational Directorate or the District Assembly concerned. We changed the “close down'' to “recommend the closing down''. What I have in my notes is “recommend the closing down of a school''.
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, so the first one should be in sync with what the Hon Chairman came up with, that is paragraph (a). The “close down'', should be deleted and then we insert “recommend the closing down of a pre-tertiary education institution that fails to meet
the standards and guidelines issued by the Authority'' [Interruption]. I am on paragraph (a). The paragraph (a) is the “recommendation of the closing down'' and paragraph (b) rather is what they do when they themselves close down in emergency situations. That is how it should be.
Mr First Deputy Speaker 12:50 p.m.
So which one do you want to propose the amendment on?
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, I want to further improve what I did in paragraph (a). If we juxtapose same with paragraph (b), the closing down to be done by the Authority is in emergency situation and in that case, they do the closing down themselves. Otherwise, in paragraph (a), they should recommend the closing down.
Mr Quaittoo 12:50 p.m.
Mr Speaker, in paragraph (a), the Authority is in consultation with the Hon Minister and the Regional Education Directorate or District Assembly concerned to close down, so there is no recommendation.
However, in paragraph (b), we want to change the “closed down” to “recommend''. This means the Authority alone recommended to close down [Interruption] -- that is the intent unless they seek to change it.
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, the Hon Chairman has got it wrong. In paragraph (a), they consult with the Hon Minister and the Regional Education Directorate or the District Assembly concerned and in that case they do the recommendation after all these processes for the closure of the school. However, the paragraph (b) says that in emergency situation, after the discussion, they could close down themselves.
Alhaji I.A.B. Fuseini 12:50 p.m.
Mr Speaker, the Hon Majority Leader is right with the paragraph (a) because that is their function. They set out guidelines and standards and when schools fail to follow the standards they could close down the schools.
However, if there is an emergency, for example, like the pandemic, the Authority is not an expert in pandemics so they have to consult the Hon Minister and the Regional Education Directorate and they would recommend that because of the pandemic, a particular school should be closed down.
Mr First Deputy Speaker 12:50 p.m.
The recommendation is to whom?
Alhaji I.A.B. Fuseini 12:50 p.m.
Mr Speaker, to the District and the Authorities.
Mr First Deputy Speaker 12:50 p.m.
Where is it stated that it is to the District or to the Authorities?
Alhaji I.A.B. Fuseini 12:50 p.m.
Mr Speaker, it is because education is decentralised. So they would recommend to the District to close it down.
Mr First Deputy Speaker 12:50 p.m.
We have to make it clear because once the law leaves here, its implementation is in the hands of people who would just read the text. The text would give them what they ought to do and whom they have to talk to. So whom would they recommend to, to close down?
Mr Chireh 12:50 p.m.
Mr Speaker, these are functions of the Authority. The first function is the consultation with the people after the reports that they failed to meet the standards. That is a punitive measure by the Authority so that they will close it down. In paragraph (b), they could recommend
-- 12:50 p.m.
Mr First Deputy Speaker 1 p.m.
Hon Member, let us even deal with that one. We are talking about the Inspectorate Authority. Should the Inspectorate Authority on its own be able to close down a school? Their function as stated here does not include the power to close down any school; they are to ensure standards.
Mr Chireh 1 p.m.
Mr Speaker, the way we are debating this matter, I think we should just add it to the ones we stood down and look at the formulation because the notes we have taken, the paragraph (b) was to recommend.
The idea was that the Pre-Tertiary Education Institution is owned either by a private person or it is a public school.
As my Hon Colleague said early on, if there is an outbreak of a disease in that school, then the authority would have to recommend for them to close down.
Mr Speaker, now, he is saying no, they should just go and close it down. There are processes and if we look at the consultation we would want them to do, they include the district assemblies. So they would direct the district assembly to close down the school. It is not the Inspectorate
Authority itself that would go and close down the school. It is a recommendation and that is the idea.
Mr First Deputy Speaker 1 p.m.
Hon Members, under the Public Health Act, 2012, (Act 851) or the Emergency Powers Act, 1994 (Act 472), who has the power to take action, if there is a pandemic or an emergency?
Mr Kyei-Mensah-Bonsu 1 p.m.
Mr Speaker, the argument by the Hon Member for Wa West is really reinforcing the position I have taken that ordinarily, when they do their inspection and there are any defects, in consultation with the Minister and on the advice of the Educational Directorate or the District Assembly, they would recommend for a close down --
They can themselves do the closing down in emergency situations and that would be after consultations. So what he has said reinforces what I said earlier that rather, the recommendation for closing down and the closing down in emergency situations should be in paragraph (a).
Mr Speaker, if they go on inspections and they noticed that a building is about to collapse then they inform the Hon Minister that this

But if I mention it to you, I have consulted you. The onus is on the Inspectorate Authority to close down in emergency situations if they noticed there is a huge crack in a structure. Of course, the Inspectorate Authority will be going with some qualified people with the relevant competencies.

They go and the engineer with them says that in one week this structure may collapse and children should not be allowed in this structure, they can close it down and inform the Minister and the District Assembly; they could do that. But that is an emergency situation in which case they could do that themselves. Other than that, they would recommend the closing down of the institution as in paragraph (a).
Mr First Deputy Speaker 1 p.m.
What is the original text again? To close down the school in an emergency situation after consultation with the Minister and the Regional Education Directorate? So originally, the power was given to them to close down in an emergency. That is the sponsor's view; I disagree with them though, but
if it is just their view, I do not think the Inspectorate Authority should be given the power to take any definitive action. They can only recommend a report.
Mr Kyei-Mensah-Bonsu 1 p.m.
Mr Speaker that is why I am saying that paragraph (a) should further be improved. It should not just be “close down”; it should be:
“recommend the closing down of a pre-tertiary education institution.”
Mr First Deputy Speaker 1 p.m.
That is paragraph (a); even in an emergency situation?
Mr Kyei-Mensah-Bonsu 1 p.m.
We did not do that and that is why I further improved that one for you to put the Question on paragraph (a) as further re-engineered. Then we come to paragraph (b).
Mr First Deputy Speaker 1 p.m.
Hon Majority Leader, the “recommend” proposed in the amendment was for paragraph (b); do you think that even in paragraph (a), they should recommend?
Mr Kyei-Mensah-Bonsu 1 p.m.
Yes, for paragraph (a).
Mr Kyei-Mensah-Bonsu 1 p.m.
Mr Speaker, just so that the Table Officers will get it right. It should read:
“(a) in consultation with the Minister and on the advice of the Regional Education Directorate or District Assembly concerned, recommend for the closing down temporarily or permanently a pre-tertiary education institution that fails to meet the standards and guidelines issued by the Authority.”
Question put and amendment agreed to.
Mr First Deputy Speaker 1 p.m.
Now, let us deal with paragraph (b).
Mr Kyei-Mensah-Bonsu 1 p.m.
Mr Speaker, paragraph (b) should read:
“(b) close down a school in an emergency situation after consultations with the Minister and the Regional Education Directorate or District Assembly concerned; and”
Mr First Deputy Speaker 1 p.m.
So, we leave the paragraph (b) as it is. [Interruption] Very well.
Mr Quaittoo 1 p.m.
Mr Speaker, how can the Inspectorate Authority determine that a given situation is an emergency one and therefore it be clothed with the authority to close down a school? I am considering private schools. If we go to the school and say there is an emergency here, therefore I am closing the school before I report to the Hon Minister. That is what we are saying paragraph (b) should imply. [Interruption] After consultation? [Interruption] Then of course the Authority would have been given the authority by the Minister or the Assembly before closing it down.
Mr Chireh 1:10 p.m.
Mr Speaker, I think that the paragraph (b) should remain as it is. The argument about who is closing it down is not just by the Inspectorate Authority alone. It has to do so with the others, because effectively, we can say the school is closed down and somebody must ensure that it is done. That is why the Minister and the others are involved.
But we should not change the wording there; once we move it to the other place for the recommendation --
Mr First Deputy Speaker 1:10 p.m.
That is the only circumstance under which the Inspectorate Authority is
authorised to close down; all the others, it is to recommend.
Very well.
Mr Kyei-Mensah-Bonsu 1:10 p.m.
Mr Speaker, ordinarily, they should recommend but this is an emergency situation.
Mr Speaker, if we look at the composition of the authority in terms of the committees to be established, it provides that it should have a structural and facility assessment committee. We expect that, that will be populated by experts; people with the relevant competences and that is why in such situations, they could close down the school temporarily or permanently.
So in emergency situations, we would want to respond in a very rapid manner to what has occasioned the closure of the school.
Mr First Deputy Speaker 1:10 p.m.
Very well, further amendments to clause 89, item numbered (xvi)?
Mr Quaittoo 1:10 p.m.
Mr Speaker, I beg to move, clause 89, subclause (3), paragraph (c), line 1, before “institutions”, insert “education”.
Question put and amendment agreed to.
Clause 89 as amended ordered to stand part of the Bill.
Clause 90 - Governing Body of the Authority
Mr Quaittoo 1:10 p.m.
Mr Speaker, I beg to move, clause 90, subclause (1), paragraphs (b), at end, add “nominated by the Minister”.
Mr Kyei-Mensah-Bonsu 1:10 p.m.
Mr Speaker, I thought that we did some surgery on subclause (1) (a) -- “with at least ten years' experience in academic affair” --
Question put and amendment agreed to.
Mr Quaittoo 1:10 p.m.
Mr Speaker, I beg to move, clause 90, subclause (1), paragraphs (c), line 2, at end, add “nominated by the National Teaching Council”.
Question put and amendment agreed to
Mr Quaittoo 1:10 p.m.
Mr Speaker, I beg to move clause 90, subclause (1), paragraphs (d), line 2, at end, add “nominated by the National Council for Curriculum and Assessment”.
Mr Quaittoo 1:10 p.m.
Mr Speaker, I beg to move, clause 90, subclause (1), paragraphs (e), line 2, at end, add “on rotational basis”.
Mr Speaker, I do not think this is how we captured it.
Mr Kyei-Mensah-Bonsu 1:10 p.m.
Mr Speaker, at paragraph (e), there was no such amendment. The “rotational basis” is not for paragraph (e) because they have one association and this is the Association of Private Schools. So they will do their own nomination.
Mr Speaker, where we have “one representative nominated by the association on rotational basis is in respect of paragraph (g). This is because there are several teacher associations.
Mr Quaittoo 1:10 p.m.
Mr Speaker, no. There are more than three private schools --
Mr First Deputy Speaker 1:10 p.m.
Hon Chairman, what are you abandoning?
Mr Quaittoo 1:10 p.m.
Mr Speaker, I believe that the Hon Majority Leader is saying that this is not how we
Mr Chireh 1:10 p.m.
Mr Speaker, I remember the Hon Minister said that there are at least, two of such private school associations. So what we were saying was that; the “rotational basis”, was for them to decide which of the associations will come first for the others to follow.
Now, I think that the Hon Deputy Minister for Education is here; she should be able to tell us whether they are associations known to the Ministry in terms of this. [Interruption] Alright the Hon Chairman says he knows, so we do not need the Hon Deputy Minister to help.
Mr First Deputy Speaker 1:10 p.m.
The Second Deputy Speaker to take the Chair. So please, agree on what to do or I will put the Question.
Mr Kyei-Mensah-Bonsu 1:10 p.m.
Mr Speaker, the problem that I have with it is that if we have more than one association of private schools then what is captured here is wrong. So in that case, it should be; “one
representative of the associations of private schools nominated by the associations of private schools on rotational basis”.
If that is how it should be done -- but now, what we have captured here as; “association of private schools”, it is suggestive that there is only one association. That is why I told you that we could not have ‘nominated on rotational basis”.
Mr Speaker, if they are indicating to us that we have several associations then it should read; “one representative of the associations”. In that case, the first letters in the words; “association”, “private” and “schools” will not be capitalised. So we will have ‘associations of private schools nominated by the associations of the private schools on rotational basis”.
Mr Speaker, that is how it should read.
Mr First Deputy Speaker 1:10 p.m.
That is what I have here. So what is the position?
Mr Quaittoo 1:10 p.m.
Mr Speaker, what the Hon Majority Leader said should be the ideal situation in the sense that we have more than one private schools' associations.
Mr First Deputy Speaker 1:10 p.m.
You mean, ‘one representative of the associations of private schools nominated by the associations of private schools on rotational basis”?
Question put and amendment agreed to.
Mr Quaittoo 1:10 p.m.
Mr Speaker, I beg to move, clause 90, subclause (1), paragraphs (f), line 2, at end, add “nominated by the West African Examinations Council”.
Question put and amendment agreed to.
Mr Quaittoo 1:10 p.m.
Mr Speaker, I beg to move that --
Mr Kyei-Mensah-Bonsu 1:10 p.m.
Mr Speaker, I was just saying that paragraph (g) should then be constructed on the lines of what we did for paragraph (e).
So it should read “one representative of teacher associations nominated by the associations on rotational basis.”
  • [MR SECOND DEPUTY SPEAKER IN THE CHAIR.]
    • Mr Second Deputy Speaker 1:20 p.m.
    Hon Majority Leader, you would have to guide me on which clause we are ?
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker, clause 90, subclause (g). It is not reflected, but it should have come before (xxii).
    The proposed amendment is that line 1 between “associations” and “on” insert “nominated by the associations”. It would then read “one representative of teacher associations nominated by the associations on rotational basis.”
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Chairman, do you agree with the Hon Majority Leader?
    Mr Quaittoo 1:20 p.m.
    Mr Speaker, rightly so.
    Mr Second Deputy Speaker 1:20 p.m.
    I would put the Question.
    Question put and amendment agreed to.
    Mr Quaittoo 1:20 p.m.
    Mr Speaker, I beg to move, clause 90 subclause (1), paragraphs (h), line 2, at end, add “nominated by the Technical and Vocational Education and Training Service”.
    Question put and amendment agreed to.
    Mr Quaittoo 1:20 p.m.
    Mr Speaker, I beg to move, clause 90 subclause (1),
    paragraphs (i), line 2, at end, add “nominated by the Education Service”.
    Question put and amendment agreed to.
    Clause 90 as amended ordered to stand part of the Bill.
    Clause 91 -- Establishment of committees
    Mr Quaittoo 1:20 p.m.
    Mr Speaker, I beg to move, clause 91 subclause (1), line 2, delete “of the Board and non- members” and insert “and non- members of the Board or both”.
    It would now read:
    “The Board may establish committees consisting of members of the Board and non- members of the Board or both”.
    Mr Second Deputy Speaker 1:20 p.m.
    Do you think it is appropriate to repeat “of the Board”?
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker that is what the draftspersons of the new school have taught us.
    Mr Speaker, however, I have a further minor amendment to add at the end “of the Board”. So that it would read “to perform a function of the Board”.
    Mr Second Deputy Speaker 1:20 p.m.
    So it would now read “The Board may establish committees consisting of members of the Board and non- members of the Board or both to perform a function of the Board”.
    Question put and amendment agreed to.
    Mr Quaittoo 1:20 p.m.
    Mr Speaker, I beg to move clause 91 subclause (2), opening phrase, delete and insert the following:
    “Without limiting subsection (1), there is established by this Act, the following standing committees:”
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker, if the Hon Chairman could repeat his proposed amendment?
    Mr Second Deputy Speaker 1:20 p.m.
    So by this, the Hon Chairman is removing the duty of the Board from establishing those committees. So those committees would be established by this Act. So, it is the duty of the Board to establish, but by saying that “Without limiting subsection (1), there is established by this Act, the following standing committees” --
    Mr Kyei-Mensah-Bonsu 1:20 p.m.
    Mr Speaker, that is the reason I wanted
    him to go over, because I think that should not be the formulation. The Board should rather establish the committees.
    In fact, the onus is on the Board to establish the committees and clause 91(2) is saying that even though the Board has the authority to establish the committees, without prejudice to that authority they are more or less being compelled under this Act to establish these committees. So it is for the Board to establish but not for the Act to establish.
    Mr Speaker, if you go to the previous Part of the Bill, under clause 62, it is not the Act that established those committees. It is the various Boards that established those committees so we should replicate same constructions here. We should not establish --
    Mr Speaker, there is some inconsistencies because under clause 45(4), it is the Act that establishes the committees but under clause 62 it is the Board that establishes the committees.
    Mr Quaittoo 1:20 p.m.
    Mr Speaker, maybe, the Hon Majority Leader was not here because we have amended it to read “Without limiting subsection (1), there is established by this Act …”
    Mr Second Deputy Speaker 1:20 p.m.
    Hon Chairman, we would definitely meet a problem because even under clause 45(5), after the Act has established the standing committees, it is now leaving the membership and functions to be determined by the Board. This should not be because once the Act is establishing it, then the Act should ascribe the functions and at least an indication of the membership of the Board.
    So I think that the proposal by the Hon Majority Leader should be what we adopt. We should allow the Board to establish the Committees and assign the functions and the composition of the committees because they are committees made up wholly of either members of the Board or members of the Board and non-members of the Board.
    And so it is the Board that should do that and not the Act.
    Yes, Hon Ranking Member for the Committee on Constitutional, Legal and Parliamentary Affairs?
    Alhaji I.A.B. Fuseini 1:30 p.m.
    Mr Speaker, the introductory caveat clearly puts it beyond doubt that it is the function of the Board because it is the Board that gives the power to establish committees in a subsection of section 90.
    Mr Second Deputy Speaker 1:30 p.m.
    Yes, it is so flowing from section (1).
    Alhaji I.A.B. Fuseini 1:30 p.m.
    Yes, it is flowing from that because subsection (1) mentions the established committees, but they have not indicated the committees. Subsection (2) just gives a list of committees that have been established by the Board. So if they are going to establish that at all, it must be in addition to these Committees.
    Mr Kyei-Mensah-Bonsu 1:30 p.m.
    Mr Speaker, so if the Hon Chairman is indicating to us that they did that earlier, then it was wrong. So we have to go back.
    Mr Second Deputy Speaker 1:30 p.m.
    Yes, we have to go back to clause 45 and take that clause through a Second Consideration Stage. It should not be
    at the Second Consideration Stage; we are still at the Consideration Stage and so we can still do it.
    Mr Kyei-Mensah-Bonsu 1:30 p.m.
    Mr Speaker, he also indicated that they caused the same “assault and battery” on clause 62. If they did that, it was also wrong. So we have to look at the two.
    Mr Speaker, if you may, let us continue with this understanding that we would definitely go back. I am not too sure what was done there. Maybe I was not here.
    Mr Second Deputy Speaker 1:30 p.m.
    With your kind permission, I could direct the draftsperson to amend them consequentially. So let us take this one, and I would proceed to do so.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 1:30 p.m.
    I am giving the consequential directive.
    The amendment proposed by the Hon Chairman to clause 91(2) was to rather take the functions of the Board of establishing the committees to that of the Act for it to be established by the Act, but the Hon Majority Leader
    disagreed and said it should be the Board.
    In essence, we are not amending what is proposed in the Bill. So I make a consequential directive to the draftsperson so that where the clause as captured has been previously amended it should be reversed, and what is proposed in the amendment should stay. I so direct.
    Yes, Hon Chairman?
    Mr Quaittoo 1:30 p.m.
    Mr Speaker, except if it could be appropriate to add the word “Standing” to make it “Standing Committees”.
    Mr Second Deputy Speaker 1:30 p.m.
    At clause 45, it is stated “Standing Committees”. It is at clause 62 that they did not add “Standing”. And so it should be captured as in clause 91(2). So they would capture it as Standing Committees.
    Mr Quaittoo 1:30 p.m.
    Mr Speaker, in clause 62, we have “Standing Committee” and so if we delete “by this Act” and say “The Board shall establish the following ...”
    Mr Second Deputy Speaker 1:30 p.m.
    That is why I am saying that clause 91(2) says “shall establish the following committees”. In clause

    45(4), it is “the following Standing Committees”. They are not the same, and I am saying that they should capture what is in clause 91(2) for all of them. Definitely, “Standing” would be eliminated.
    Mr Kyei-Mensah-Bonsu 1:30 p.m.
    Mr Speaker, the headnote of clause 91 is; Establishment of Committees. When you come to clause 91, it reads: “The Board may establish committees consisting of …”
    So if we are relating to Standing Committees, the headnote would have to be noted, and clause 91(1) would also have to change. I think that we could just limit it to Committees.
    Mr Second Deputy Speaker 1:30 p.m.
    Exactly that is what I am saying. The word “Standing” should not be there.
    Mr Kyei-Mensah-Bonsu 1:30 p.m.
    Mr Speaker, I did not appreciate the point you made because it really starts from clause 12 -- Establishment of Committees. Then we come to clauses 45, 62 and all through. So for the purposes of consistency, let us just leave it at “Committees”.
    Mr Second Deputy Speaker 1:30 p.m.
    I hope the draftsperson has captured the sense of the House, that starting from clause 12 through 45, 62 and to
    Mr Ahiafor 1:30 p.m.
    Mr Speaker, if you go to clause 12, unlike clauses 45, 62 and 91, the Committees are not mentioned. So there would be practical difficulty adopting the same standard from clause 91 downwards. Are we going to mention the names of the Committees in clauses 12 and 45 as well?
    Mr Kyei-Mensah-Bonsu 1:30 p.m.
    Mr Speaker, I believe my Colleague, the Hon Member, did not appreciate the issue.
    We are not qualifying it with the word “Standing”. We would just leave it as “The establishment of Committees”. This is all we are saying.
    Mr Second Deputy Speaker 1:30 p.m.
    Hon Majority Leader, the issue that he has raised is that in the other clauses, we went beyond that to specify some committees, but that is not so in clause 12. Is the directive to cover the establishment of some
    specified Committees as in clauses 45, 62 and 91? This is the issue he has raised; whether we should do that also for clause 12.
    Mr Quaittoo 1:30 p.m.
    Mr Speaker, in my view, we should go ahead. During the Second Consideration Stage, we could come back and consider it.
    Mr Second Deputy Speaker 1:30 p.m.
    Very well. We can consider that to see whether there is the need to do that.
    So we would not touch clause 12 because the rendition is quite in sync with what we have proposed. It is just the absence of the committees that is not in clause 12. We can leave it as it is. Upon further consideration if there is the need to specify them, then the House could do so.
    Mr Kyei-Mensah-Bonsu 1:30 p.m.
    Mr Speaker, that part, which is the part 1, relates to the Ghana Tertiary Education Commission. Then we come to the Commission for Technical and Vocational Education and Training in Part 2 and the rest are the National Teaching Council and others.
    So the tertiary education is set apart as in Part 1. But if you agree, we could still let it linger and if it is
    necessary to establish committees. I do not think so, but we could allow it to be there.
    Mr Second Deputy Speaker 1:40 p.m.
    Hon Member, that is why we are leaving it to the Winnowing Committee. You could look at it; if you finally agree that there is no need, so be it. If you say we should capture them, we would do so. So that we can proceed.
    Mr Quaittoo 1:40 p.m.
    Mr Speaker, I think that this Bill is being drafted based on the functions of the existing authorities and commission, so probably the first part where we have the National Accreditation Board and the National Council for Tertiary Education - I think maybe they operate without such committees that is why they do not appear. But all the same, we shall consult the Hon Minister and we would see whether there is the need for us to bring it there.
    Mr Second Deputy Speaker 1:40 p.m.
    Please, do so. We can proceed now.
    Mr Quaittoo 1:40 p.m.
    Mr Speaker, I beg to move, clause 91, add the following new subclauses:
    Mr Second Deputy Speaker 1:40 p.m.
    Well, you would have to reconsider this proposed amendment.
    Mr Kyei-Mensah-Bonsu 1:40 p.m.
    Mr Speaker, the first one:
    “The Board shall appoint members of the committee”, it is just to put it beyond doubt that after establishing, they have to appoint the members. We do not have to leave it to the Hon Minister or the President to do the appointment.
    Mr Speaker, but I do not see the relevance of the second one; “The Board may assign a function to a committee established under subsection (2)”. This is because in subclause (3), it is provided that:
    “The Board shall determine the membership and functions of a committee”.
    Mr Speaker, that has been captured and that is the assignment or function, so I am not too sure that we need the second one.
    Mr Second Deputy Speaker 1:40 p.m.
    I seemed to go by what is already proposed in the Bill. I think that should be adequate because the word “determine” goes beyond just appointing. It also talks about the numbers involved. So “determine” encapsulates both appointing and determining the number; the composition. So that should suffice.
    The second leg deals with functions which is also captured there, so I do not know why there is a proposal from the Committee to specifically talk about even appointing members and then --
    Mr Kyei-Mensah-Bonsu 1:40 p.m.
    Mr Speaker, I think it is just for consistency because in clause 45(5) it says:
    “The Board shall determine the membership of the functions”.
    “(6) The Board shall appoint members of the committees”.
    When we came to clause 62, we imported what we did in clause 45 (6) and replicated same and it is the reason why the Committee, for consistency sake, is replicating same in clause 91.
    Mr Ahiafor 1:40 p.m.
    Mr Speaker, I do not agree with the issue of consistency because of the directive that you have given, that whatever we are doing in clause 91, consequentially, we look at clauses 12, 45 and 62 and see if it can be applicable. I have seen some wisdom in the issue because clause 91(3) says that:
    “The Board shall determine the membership and function of a committee”.
    Mr Speaker, in determining the membership of the committee, appointment will be part; who should be there would have to be decided by the Board and the number of people would also have to be determined by the Board. So we cannot have another clause that says that:
    “The Board shall appoint the members of the Board.”
    So we have to tidy up clause 91, so that consequentially, we apply what we would agree upon in clause
    91 to clauses 12, 45, 62 and other similar clauses in the Bill.
    Mr Kyei-Mensah-Bonsu 1:40 p.m.
    Mr Speaker, what is being proposed which has been done in other sections is just for the avoidance of doubt. We do not want a Minister who would want to assume every responsibility under the sun to come and say that the determination should be made and he makes the appointment. So it is just for the avoidance of doubt, so that everybody is clear in their minds about the mandate of the Minister and the Board.
    Mr Speaker, I think this really does not spoil the broth at all.
    Mr Second Deputy Speaker 1:40 p.m.
    Hon Members, the sense of the House is that we should maintain:
    “The Board shall determine the membership and functions of a committee”; and “The Board shall appoint the members of the committee”.
    The draftspersons are directed to capture that sense in the clauses that are mentioned. That is clauses 12, 45, 62 and 91. I so direct.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 1:40 p.m.
    Mr Speaker, today is Friday and we have come to the end of one section. Again, the Clerks-at-the-Table also could not capture all the amendments that the Winnowing Committee proffered. Unfortunately, the Chairman himself was also not part of some of the considerations. [Laughter] -- So Mr Speaker, I would plead that we drop our guard here, so that we come and continue on Tuesday. We hope that we would capture everything so that we are able to move faster.
    I would suggest to the Hon Chairman that where we have so many amendments, we would just need to delete the section and redraft. That would make it faster for us.
    Mr Speaker, if you would agree with me, the time reads ten minutes to 2 o'clock. In that regard, I would want to move that we take an adjournment until Monday -- sorry, Tuesday next week and we would meet at 10 o'clock in the forenoon. I beg to move.
    Mr Second Deputy Speaker 1:40 p.m.
    Hon Member, Motion moved for the adjournment of the House. Any seconder?
    Mr Joseph Yieleh Chireh 1:40 p.m.
    Mr Speaker, before I second, the Hon Member knows that on Monday we will not Sit, but he wants to “invent” a Monday. We are Sitting on Tuesday, so I second the Motion.
    Mr Second Deputy Speaker 1:50 p.m.
    Hon Members, let me say first that we have come to the end of the Consideration Stage of the Bill for today. [Pause]
    Hon Members, the Motion for adjournment had earlier been moved by the Hon Majority Leader and seconded by the Hon Member of Parliament for Wa West.
    Question put and Motion agreed to.
    ADJOURNMENT 1:50 p.m.
  • The House was accordingly adjourned at 1.51 p.m. till Tuesday, 26th May, 2020 at 10.00 a.m.