Debates of 16 Jul 2020

MR SPEAKER
PRAYERS 12:37 p.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 12:37 p.m.
Mr Speaker 12:37 p.m.
Hon Members, we have the Votes and Proceedings of Wednesday, 15th July, 2020, for correction.
Mr Speaker 12:37 p.m.
At the Commencement of Public Business -- Item listed 4. Presentation and First Reading of Bills - Minister for Local Government and Rural Development.
Mr Osei Kyei-Mensah-Bonsu 12:37 p.m.
Mr Speaker, I believe we can take the item numbered 4.
Mr Speaker 12:37 p.m.
Yes, that is what I have called. Hon Minister for Local Government and Rural Development?
BILLS -- FIRS READING 12:37 p.m.
Mr Kyei-Mensah-Bonsu 12:37 p.m.
Mr Speaker, I thought we would be able to deal with the item numbered 6, but I noticed that the Hon Minority Leader is not yet here so, we can stand that down and deal with the item numbered 9.
Mr Speaker 12:37 p.m.
Item numbered 9 -- Motion. Chairman of the Committee?
Chairman of the Committee (Mr Samuel Ayeh-Paye) 12:37 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Committee on Roads and Transport on the Determination of the Urgency or Otherwise of the Accident Investigation and Prevention Bureau Bill, 2020 may be moved today.
Mr Ras Mubarak 12:37 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Mr Speaker 12:37 p.m.
Hon Chairman, the substantive Motion -- Item listed 8.
MOTIONS 12:37 p.m.
Chairman of the Committee (Mr Samuel Ayeh-Paye) 12:47 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Roads and Transport on the Determination of the Urgency or Otherwise of the Accident Investigation and Prevention Bureau Bill, 2020.

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

1. Introduction

The Accident Investigation and Prevention Bureau Bill, 2020 was laid in Parliament by the Minister for Aviation on Tuesday, 14th July, 2020 in accordance with article 106 of the 1992 Constitution.

Mr Speaker referred the Bill to the Committee on Roads and Transport to determine the urgency or otherwise of the Bill and report pursuant to article 106(13) of the Constitution and Order 189 of the Standing Orders of the House.

Following the referral to the Committee to decide whether the Bill should be treated under a certificate of urgency, the Committee on Roads and Transport held a meeting to determine the urgency or otherwise

of the Bill in accordance with Article 106(13) of the Constitution and Order 119 of the Standing Orders of the House.

2. Deliberations

The Committee met with the Hon Minister for Aviation, Mr Joseph Kofi Adda and his technical team to discuss the urgency or otherwise of the Accident Investigation and Prevention Bureau Bill, 2020.

The Committee is grateful to the Hon Minister and his team for assisting the Committee in its deliberations.

3. Reference Documents

The following documents were referred to during the deliberations:

i. The 1992 Constitution;

ii. The Standing Orders of Parliament; and

iii. The Accident Investigation and Prevention Bureau Bill,

2020.

4. Observations

The Committee made the following observations during its deliberations:

Urgency of the Bill

The Committee noted that Air transport is one of the important modes of transport worldwide. The industry generates a huge sum of revenue for the country which aids in national development. That notwithstanding, the industry is dotted with accidents and incidents which claim human lives and cause damage to property.

Ghana has experienced its fair share of air traffic disasters and this has hastened calls for the strengthening of infrastructure and its institutions to meet both national and international obligations and best practices.

Though the country has an administrative Accident Investigation Bureau under the Ghana Civil Aviation Authority for the conduct of investigation into aircraft accidents and serious incident, it is not functionally independent and does not meet all the standards of ICAO recommended practices.

The Committee took cognisance of the impending ICAO Audit Review which is due to be conducted early in 2021 and which requires the Act to be in place for Ghana to fully meet the criteria for safety and security standards in Aviation industry.

Further, the Parliamentary calendar at the moment does not lend to a timely passage of the Bill which is so critical for Accident Security in the country because of the exigency of the electoral timetable.

Ghana urgently needs a permanent Accident investigating and prevention security architecture well-structured on international standards to deal with the challenges inherent in the Aviation industry.

The Committee has duly considered the urgency or otherwise of the Bill and determines by consensus that the Bill is of an urgent nature and may be taken through all the stages of passage in accordance with article 106(13) of the Constitution and Order 119 of the Standing Orders of the House.

Given the merit of the Bill and the need to engage a number of stakeholders, the Bill needs not be taken through all the stages of the passage in one day except to allow for the waiver of the 14-day gazette period before it is presented to the House for First reading. The Committee further took note of the concerns raised by the Hon Members of the Committee and has decided to deliberate on those issues during the Consideration of the Bill.

Treatment of Bill as Urgent

In accordance with article 106(13) of the 1992 Constitution and Orders 119 and 124 of the Standing Orders of Parliament, the Committee has determined and hereby certifies that the Bill is of an urgent nature.

5.Recommendation and Conclusion

The Committee recommends to the Ministry of Aviation to take steps to gazette the Bill in accordance with Order 124 of the Standing Orders of the House.

The Committee therefore by consensus, recommends to the House to adopt this report and to pass the Accident Investigation and Prevention Bureau Bill, 2020 under a certificate of urgency in accordance with article 106(13) of the 1992 Constitution and Order 119 of the Standing Orders of the House.

Respectfully submitted.
Mr Rockson-Nelson E. K. Dafeamekpor (NDC-South Dayi) 12:47 p.m.
Mr Speaker, I beg to second the Motion on the Floor and in doing so, I will add a few words.
Mr Speaker, this Report is anchored on paragraph 8 as contained
Mr Rockson-Nelson E. K. Dafeamekpor (NDC-South Dayi) 12:47 p.m.


on page 2 of the Report. Essentially, we are being asked as a House to determine whether or not this Bill be taken under a certificate of urgency. At the Committee hearing, the content of the Minister's letter to the Presidency as contained in paragraph 3 of that letter as well as paragraph 3 of the Cabinet Memo accompanying the Bill established clearly the urgency underpinning the request.

Mr Speaker, indeed, a team from ICAO was in the country in 2019 to conduct an assessment of our situation and in doing so they made recommendations that even though we have an existing Bureau, there is the need that it be established independent of the GCAA administrative bureaucracy. But because of the stakeholder engagements, the Minister was unable to do so in 2019. He has been able to put together the Bill and given the calendar of the House, it is important that we take this under a certificate of urgency as outlined under article 106 (13) of the 1992 Constitution as well as Order 119 of our Standing Orders so that we waive all the procedures required in passing the Bill through the normal process and also the 14-day statutory gazette notification.

Mr Speaker, but we are also determined that even though we have

the power to do so in a day, because of the broader stakeholder consultation, we would not do so in one day. We would do so a couple of days to be able to still pass it under a certificate of urgency.

Mr Speaker, so, with these few words, I would urge the House to support the Motion on the Floor.

I thank you very much.
Mr Speaker 12:47 p.m.
Thank you very much. Any comments from the Leadership? [Pause] --
Hon Fuseini?
Alhaji Inusah A. B. Fuseini (NDC--Tamale Central) 12:47 p.m.
Mr Speaker, I beg to support the Motion. This is a Bill that was introduced in the House under a certificate of urgency because of its nature. The urgent nature of the Bill is determined by the Committee of which it has rightly come to such conclusion. It has done so because in early 2021, Ghana would be subjected to an audit by ICAO. If we do not have this law in place, it would show our level of preparedness as a country to deal with aircraft disaster.
Mr Speaker, now, we are in a lockdown. Immediately after the lockdown and Coronavirus, people
would begin to travel. The airline and aircraft industry would be important in moving people around and so it is important that Ghana had a clean sheet even before the Coronavirus goes. If by 2021 we do not have this in place, it could hamper and militate against our chances of also taking our share out of aircraft travel.
Mr Speaker, even though, internally and domestically, we have an arrangement for the purposes of investigating aircraft disasters, it is not inconsistent with the international standards and if we have an opportunity to pass laws that would give us the rating of an international standard, the earlier we did it, the better. So, I pray that Parliament really treats this Bill as one of an urgent nature.
Mr Patrick Yaw Boamah (NPP- Okaikoi Central) 12:47 p.m.
Mr Speaker, I thank you very much and I happen to have been part of the meeting yesterday. I believe that this Bill is of an urgent nature to this country looking at the timetable of this House and the ICAO review that this country would be subjected to.
Mr Speaker, the autonomy that is being sought for this very important agency is key to a very important sector of the economy, the aviation
subsector. Even though, according to the BBC in 2019, plane crash fatalities fell more than 50 per cent with about 287 deaths, we believe that we need this autonomous body to investigate these accidents and incidents according to the Bill. I believe it is not voluminous and I must commend the Minister for Aviation for being proactive to enable this country meet the timelines as set out by ICAO.
Mr Speaker, with these few words, I support the Motion.
Mr Haruna Iddrisu (NDC-- Tamale South) 12:47 p.m.
Mr Speaker, I thank you for the opportunity and to associate myself with the comments made.
Mr Speaker, the Chairman of the Committee and his Members have accordingly recommended to us the utter urgency of this Bill in order that as a country we would have room for air accident investigations.
Mr Speaker, but my first observation is on the Report of the Committee. The Hon Chairman of the Committee would have to accordingly correct both the heading and some parts in the Bill. I have with me here a letter from the Office of the President dated 6th July, 2020 and a letter from the Minister for Aviation dated 10th July, 2020.
Mr Haruna Iddrisu (NDC-- Tamale South) 12:57 p.m.


The President's letter of executive approval which you asked the Table Office to correct a few days ago, must reflect in this Report. The first paragraph of the President's letter reads, and with our permission, I quote:

“The President has granted executive approval for the laying in Parliament of the Aircraft Accident Investigation and Prevention Bureau Bill.”

Mr Speaker, therefore, he cannot be giving us a Report on Accident Investigation and Prevention Bureau Bill which is not consistent with the referral from the Office of the President and from the Minister for Aviation.

So, accordingly, all aspects of this Report must reflect same and that important correction must be effected.

Mr Speaker, as for the Urgency of it, even if we have to re - channel it through, we should. However, the next time, the Hon Minister for Aviation must be proactive; and not wait until only six months and then we are told that in January, there is an urgent matter. We should act more proactively to get the country ready.

I support it because we are positioning Ghana as an aviation hub and we need to get ready as a country. Indeed, as we speak, Qatar Airways has found some convenience to work with Rwandan Air in the East African region as a new major hub. We expect our Ministry of Aviation to do more to attract many of the major players into the country.

Mr Speaker, I am sure that when we start with the Bill, we will look at it. We have not recorded many accidents over the period because recently, a helicopter landed somewhere in Kumbungu and we needed to know what accounted for a helicopter enroute somewhere else to end up in Kumbungu.

So, we support the Report wholeheartedly but there is the need to outsource more investment to attract the major airlines into Ghana. Ghanaians are not too happy that all the major airlines; British Airways and so on fly only once a day and they can be due morning and afternoon. Therefore, due to the urgency of it, we support it.

Question put and Motion agreed to.
Mr Kyei-Mensah-Bonsu 12:57 p.m.
Mr Speaker, I believe we can take item numbered 6.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 12:57 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Proposal for the Enactment of Private Members' Bill may be moved today.
Minority Leader (Mr Haruna Iddrisu) 12:57 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
MOTIONS 12:57 p.m.
Majority Leader and Minister for Parliamentary Affairs (Mr Osei Kyei-Mensah-Bonsu) 12:57 p.m.
Mr Speaker, I beg to move, that this honorable House deems it
appropriate and fit to begin to enact Private Members' Bills.
Mr Speaker, article 93(2) of the 1992 Constitution vests legislative powers in Parliament. Article 103(3), in particular, provides for Parliament to use the vehicle of Committees of Parliament to generate proposals for Bills. The combined effect of articles 93(2) and 103 (3) is that Parliament and Members of Parliament can initiate the passage of laws by submitting proposals for Bills.
However, the Parliament of Ghana, like other Parliaments in the established democracies, is prohibited or restricted from exercising unfettered authority to pass laws. In this regard, articles 106(3) and 270(2) place restrictions on Parliament with regard to the making of laws on chieftaincy. Article 107 prohibits Parliament from passing laws;
(a) to alter the decision or judgement of any court as between the parties subject to that decision or judgement; or
(b) which operate retrospectively.
Article 56 prohibits Parliament from enacting a law to impose a one- party State or a mono - religious State.
Majority Leader and Minister for Parliamentary Affairs (Mr Osei Kyei-Mensah-Bonsu) 1:07 p.m.
Understandably, in order to ensure effective checks and balances and to prevent a capricious use of the peoples' power vested in Parliament, the legislative arm of Government is estopped from
(a) foraying into the affairs of the Judiciary in the exercise of judicial power and in the performance of judicial and administrative functions (Article 127(2));
(b) interfering in the affairs of the Electoral Commission (Article 46);
(c) directing or controlling the Auditor-General (Article
187(7));
(d) meddling in the affairs of CHRAJ (Article 225); or
(e) meddling in the affairs of the National Commission for Civic Education (Article
234).
With respect to financial matters, the Constitution, in article 108 provides that “Parliament shall not, unless the Bill is introduced or the motion is introduced by, or on behalf of, the President-
(a) proceed upon a Bill including an amendment to a Bill that,
in the opinion of the person presiding, makes provision for any of the following --
(i) the imposition of taxation or the alteration of taxation otherwise than by reduction;
(ii)imposition of a charge on the Consolidated Fund or other public funds of Ghana or the alteration of any such charge otherwise than by reduction; or
(iii) the payment, issue or withdrawal from the Consolidated Fund or other public funds of Ghana of any moneys not charged on the Consolidated Fund or any increase in the amount of that payment, issue or withdrawal; or
(iv) the composition or remission of any debt due to the Government of Ghana; or
(b) proceed upon a motion, including an amendment to a motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in paragraph (a) of this article.”
Mr Speaker, unfortunately some persons have laboured under an erroneous construction of article 108 to the effect that the initiation and subsequent introduction of Bills in Parliament is the preserve of the Executive. Article 108 does stipulate that certain Bills with specified financial implications shall only be admissible in Parliament if introduced by or on behalf of the President. Such Bills may broadly be classified as “financial Bills”.
Article 108 does not impose an omnibus prohibition on the initiation and introduction of Private Members' Bills. A Private Member is perfectly entitled to introduce any legislation which does not have the specific financial implications spelt out in Article 108. Mr Speaker, a very careful reading of Article 108(a) would suggest that even with money or financial Bills, if the intent is to reduce the size or quantum of taxation, it is permissible to proceed on that Bill even if such a Bill does not originate from the President.

In the same manner, article 108 (b), carefully interpreted, means that if a Bill that relates to a downward review or reduction of a charge on

the Consolidated or other public funds is sponsored by a Private Member not representing the President, it must be permitted in the House.

In any event, Article 108 confers a discretionary power on the person presiding in the Chair in Parliament over the particular parliamentary proceeding to determine whether the Bill falls within the purview of article 108. This means that the seemingly wide and exclusionary interpretation is left for the determination of the presiding officer in Parliament.

Of course, the Speaker, in exercising that exclusive power is subject to Article 296. To construe article 108 to mean that the initiation and subsequent introduction of legislation in Parliament is the preserve of the Executive would constitute a self-denying ordinance imposed by Parliament on itself. This would amount to Parliament ceding a part of its legislative powers to the Executive.

Mr Speaker, section 15 of the Parliamentary Act of 1965 (Act 300) provides which I beg to quote:

“Subject to the provisions of the Act and of the Standing Orders, a Member may introduce a Bill or propose a motion for debate in, or may present a petition to Parliament, which shall be
Mr Speaker 1:17 p.m.
Thank you, Hon Majority Leader. It was well and ably presented.
Hon Minority Leader?
Minority Leader (Mr Haruna Iddrisu) 1:17 p.m.
Mr Speaker, I thank you for the opportunity to second the Motion. In seconding the Motion, I commend the leader of Government Business. In his words, he described it as watershed, and to choose my words, it would be historic. Mr
Speaker, to paraphrase your words when you were being sworn into office as Speaker of the 7th Parliament, you said: “The controversy should be resolved”.
Mr Speaker, as we speak today, at the end of the adoption of this Motion, your words now would be better quoted as “The controversy has been resolved”. This would mark your contribution as Speaker and the contribution of the 7th Parliament to enrich Ghana's parliamentary democratic jurisprudence. I can only commend you for that courageous effort. To our colleagues, to appreciate that the tenure of this Private Members' Bill as defined would simply mean a Bill introduced by a Member of Parliament who is not a minister, that is a non- government Member of Parliament is known as the Private Members' Bill.
Mr Speaker, we would now be living both the letter and spirit of article 93 of the 1992 Constitution which would mean that with the Legislative Power vested in this House, you are helping this august House and future Parliaments to work beyond being in the bondage of the Executive to have the sole prerogative to introduce Bills and to see to its conclusion. What this means would be an end to all Bills emanating from the Executive. So Bills
could emanate from Members of Parliament. Dutifully, we would be given religious interpretation to the exercise of our legislative mandate.
Mr Speaker, just for the purpose of Hon Members to be guided, permit me quote what we should do with the Private Members' Bill. I refer to Parliament: Functions, practice and procedures (Bradburn and Kennon). This quotation would be significant. It says:
“Such Bills, should deal with some social or moral questions which lies outside the normal range of government's legislations.”
Mr Speaker, some may even use it to stir debates, but the focus should be making an impact on legislation to improve the lot of the Ghanaian people. We are not there yet. Beyond today, Hon Members must appreciate that a Private Members' Bill will be subjected as the Hon Majority Leader has stated, to be same legislative procedure in accordance with article 106 and in particular 108 of the 1992 Constitution.
Mr Speaker, to emphasise the courageous effort you have made, even though the Hon Majority Leader quoted it, for emphasis, I would like to repeat, and the Table Office and the Hansard Department must
Mr Speaker 1:17 p.m.
Thank you very much, Hon Minority Leader.
One contribution from each Side -- Leaders to determine.
Yes, Hon Minority Chief Whip?
Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 1:27 p.m.
Mr Speaker, let me start by commending your good self and the two leaders of the House for this opportunity to discuss the issue of Private Members' Bill on the Floor of the House in a very dispassionate way.
Mr Speaker, without repeating the relevant Constitution and Standing Orders that have been ably quoted by the leaders of the House, I must add that we should also partly blame ourselves for our inability to be able to overcome this challenge for such a very long time. Like the Hon Majority Leader rightly mentioned, there have been number of times that attempts have been made but some end up being absorbed by Government and are able to tailor them to the end.
One that I remember is the example the Hon Majority Leader gave, the Children's Bill which really emanated from Civil Society where Government picked and finished it to become the Children's Act. The second one was the Presidential Transition Bill which was also initiated by Civil Society which also ended up with Government
absorbing it and finishing it in the House.

Mr Speaker, in the past, even though some of us came to meet two or three Parliaments that have passed, one that I remember very well was when the two leaders, if my memory serves me right, were the Majority and the Minority Leaders in the name of Hon Alban Bagbin and Hon Felix Owusu Agyapong. As Leaders they tried to come together to pass a Private Members' Bill through this House but they failed.

Mr Speaker, we have harmed ourselves in our inability to be able to see a single one going through.

Mr Speaker, why do I say this? If we look at other jurisdictions where they have successfully been able to do this, they have created time within the calendar of Parliament for it. So if we have a Private Members' Bill, we can explore that. This is because time has been allocated - either a day or a particular period of time -- for instance, they have decided that every Wednesday is for Private Members' business and so on. Many Parliaments have successfully done this. They dedicated time for it such that, once they dedicated time there is -- for instance, Mr Speaker would come and after the correction of the Votes
Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 1:27 p.m.


Management Act that we passed said that when Bills are coming to this House, we should look at their implications yet we have seen so many Bills that have come to this House from the Government's end and they did not attach the financial implications to them. Now, Hon Members want to make a few amendments and that one, they now want to take it through that process.

Mr Speaker, if we allow that, then with the greatest of respect, we should all forget that we would ever get the opportunity to pass this Bill. This is because if theirs come, we do not insist to see the attached financial implications but when we try to make one, they quickly say that we should bring it for them to assess and look at the financial implications and we allow them. That is why I said that we are partly to be blamed for the difficulties that we have. This is because currently, Hon Dominic Ayine, Hon Patrick Boamah, Hon Ben Abdallah Banda and I came together to be able to develop the Legal Education Bill. It was very elaborate.

Mr Speaker, if you look at the single amendments and the challenges they are going through and now we want to come with a whole Bill, we do not need to be told the frustration we may be going through.

So, Mr Speaker, I believe that your view and support about Private Members' Bill is unquestionable; from day one you have said it and I remember very well when you mentioned to me. I would be grateful to see me pick personal interest in this. It tells me how you are attached to it. You want to be able to break that ice. But we as a House should make it a point to ease the barriers that have been mounted on the way of even simple amendments. This is because once we are able to do one or two simple amendments, it would pave way for even more difficult Bills to come.

But Mr Speaker, everywhere in the world, once the ice is broken, private institutions who may have direct or indirect interests would be interested in supporting Members of Parliament to be able to develop this better. I had the privilege of chairing the Committee on Health and I know we have health needs which is a non-governmental organisation who gather a lot of data and try to support. I know there are so many other Committees in this House that have those kind of institutions backing them and supporting them with information and sometimes what they can do with the information.

So Mr Speaker, with my contribution, I hope that as a House, we would find a way of jumping this hurdle so that, at least, it would be said that after about over 20 years of practising as a Fourth Republic, this Seventh Parliament has been able to break this ice that would now give way for better institutions and better arrangements to be made in this House to be able to carry on with the Private Member's Bill and that would help not only our constituents but even our Parliament to be the kind of Parliament that everybody expects it to be and then our country within the sub-region would be setting a better example.

Thank you, Mr Speaker, for the opportunity to contribute to this Motion.
Mr Speaker 1:27 p.m.
Thank you very much Hon Minority Chief Whip.
Majority leadership?
Hon K. T. Hammond?
Mr Kobina T. Hammond (NPP -- Adansi Asokwa) 1:37 p.m.
Mr Speaker, first of all, I would like to congratulate the Hon Majority Leader for this Statement.
Mr Speaker, for me, this is a historical Motion. One way or the other, today is a historic day, and there is no doubt about that. On one side, if this House says no, then it would go down as the day that this House decided that Hon Members of Parliament have no authority within the Constitution to come out with Private Members' Bill.
Mr Speaker, on the other hand, if today we agree that we would accept this Motion and pass it, it would also go down the annals of our parliamentary history that today, the 16th of July, 2020 is the day this sovereign Parliament of Ghana decided that it would pride itself out of its shackles; the impenetrable shackles placed on its path by article 108 of the 1992 Constitution of the Republic.
Mr Speaker, we would have to consider what other Republics have done, particularly, what the mother of all Parliaments, the British Parliament has done. I think that the difference between us and those Parliaments is that they do not have the same difficulty or hurdle that article 108(a)(ii) confronts us with.
Mr Speaker, the ban that this article places on us seems to be total. The article says and I beg to quote:
Mr Kobina T. Hammond (NPP -- Adansi Asokwa) 1:47 p.m.
of the Constitution, whatever terror it presents to us, for which since 1992, we have not been brave enough to come out of. We have been so timorous and have not been able to live up to the challenge. Let us come out of its shadows; let us make today a memorable day, and pass the Motion on the Private Member's Bill, so that Hon Members of Parliament could also bring in their Bills.
Mr Speaker, I recall that there are many Acts in other Parliaments, and particularly social issues have come up, which has led to individual members making sure that there are Bills which are actually named after the occasions. There are those which are named after the individuals for which reason the Bills came about. We have them, so let us start doing something in our country, at least, by this Parliament. If we are able to do that, the House as well as yourself knows that your name would be written there in letters of gold.

Mr Speaker, it would not be silver, polished gold; Obuasi gold, not galamsey gold but pure alloy gold. This was done at the time of Prof. Aaron Mike Oquaye, my former Minister, my very good Ambassador

to India -- Mr Speaker, all your credentials would be recited.

Thank you very much for the opportunity.
Mr Speaker 1:47 p.m.
Thank you very much.
Mr First Deputy Speaker would conclude.
Mr Joseph Osei-Owusu (NPP -- Bekwai) 1:47 p.m.
Mr Speaker, I thank you very much for the opportunity to contribute to this debate.
The debate is on a Motion that this House adopts the proposal for the enactment for Private Members' Bill -- simple. For me, it is the conclusion of things that have started over the years; the desire.
Mr Speaker, listening to the Majority Leader, he has recounted - an institutional memoir that he is, he has recounted the occasions on which previous Speakers have expressed their frustration that Parliament has not taken advantage of the Constitutional and Standing Order arrangements to enact Private Members' Bills.
Mr Speaker, but indeed, some of the frustrations also stemmed from the fear that there were some hindrances. For example, we feared that there
were capacity challenges if a Member wanted a Bill done; drafting same, couching it in such a language that it would not be in conflict with the Constitution. And sometimes, our own interpretation of the Constitutional injunctions placed on Parliament, in particular, article 108 sometimes being interpreted in such a way as to be a fetter to the right of Parliament as the arm of Government responsible for making laws; its own capacity to initiate and enact laws from within.
Mr Speaker, indeed, from the inception of your Speakership, you indicated your desire to see an end to that frustration to overcome whatever challenges there were and to ensure that Parliament's rating changed from being incapable of initiating and enacting laws from within to make sure that Private Members' Bills were, in fact, initiated and enacted by Members of this House.
Indeed, your inaugural speech as repeated by the Minority Leader captures it adequately -- your own desire to see this happen. And indeed, if I recall correctly, I think His Excellency, the President's inaugural speech on the 7th of January, 2017, he also expressed the frustration that in Ghana, Parliament of Ghana does not and has not initiated Bills.
Mr Speaker, we appear to have a congruence of a wish; a desire to change that, and today, this Motion, in my view, is the culmination of the desire to have that happen.
Mr Speaker, but it did not happen by accident; your good Self and your management, the Parliamentary Service Board has taken major steps to ensure that some of the obstacles are removed, if not completely, their effects on us have been partially dealt with.
The establishment of a Legal Department is one major step. Indeed, we are dependent heavily or entirely on the Attorney-General to provide draftspersons to guide us even when we were considering enactment from the Executive. But today, we have a Legal Department, albeit not full, but sufficient to assist Members to draft Bills if any Member desires to take any such step.
Mr Speaker, further to that, the Standing Orders Review Committee under your Chairmanship has done substantial work in making arrangements and creating spaces for Backbenchers' time; Private Members' Bill; it is opposition that we did not agree on because my view is that in this House, we have equal time; we do Government business but we each have the same opportunity to
Mr Speaker 1:47 p.m.
Thank you very much, Mr First Deputy Speaker, for this brilliant and inspiring contribution.
Hon Members, at the conclusion of the debate, I will put the Question on the Motion numbered 7.
Question put and Motion agreed to.
Mr Speaker 1:57 p.m.
Hon Members, in a few comments, I wish to add, the Motion of the Hon Majority Leader ably supported by the Hon Minority Leader is indeed, a call in the right direction. And it is a time to appreciate the cooperation between the Deputy Speakers, Leaders and the Members of this House which has made today possible.
Throughout the Commonwealth such as in the New Zealand, Australia and Canada and across many of the African countries, the enactment of Private Members' Bills is now the
order of the day. Although article 93(2) of the 1992 Constitution vests legislative powers in Parliament, other provisions including articles 46, 56,
106(3), 127(7), 187(7), 225, 234
and 270(2) set out certain limitations on the legislative powers of Parliament.

It is unfortunate that no Private Members' Bill has been passed in this honourable House despite the fact that the Constitution and other relevant enactments permit Hon Members to initiate and introduce Bills for consideration, so long as a Private Members' Bill does not offend Article 108 and will also not be categorised as what the British call “a Money Bill”, Parliament should admit the Bill.

It is imperative to indicate that Private Members' Bills require consensus building across the political divide in this honourable House. In fact, we are about to see a few of these very soon. At this stage, I refer the matter to the leadership of the Standing Orders Committee and the Committee on Constitutional, Legal and Parliamentary Affairs. The Leadership should report to this honourable House on:

1. The appropriate procedure for the enactment of Private Members' Bill in this honourable House; and

2. The approach that this House should adopt in the implementation of Section 100 of the Public Financial Management Act, 2016, (Act

921).

Hon Members, it is instructive to note that Leadership, as part of preparations towards Private Members' Bills, engaged the venerable Dr Nana S. K. B. Asante to provide research and draft Bills in furtherance of the mandate of the House under the 1992 Constitution to enact legislation for application of procedures for the regulation of international business or economic transactions under Article 181(5) and to regulate property rights for spouses under Article 22.

Hon Members, I hold in my hand, a very detailed report which will be a real guide for our pathway in the enactment of Private Members' Bills by our consultant. Also, the reputable Madam Boateng of drafting fame has been recruited and she has accepted to work with us to train draftspersons in-house and to help develop this noble idea.
Mr Speaker 1:57 p.m.
These mandates have been executed since 1993 and a number of our decisions called on the Legislature to act. I am happy to note that the Clerk's office has received two Bills with memoranda from Nana S. K. Duah Asante and his team and these can also be considered in our quest to ensure the passage of Private Members' Bill. A number of civil society organisations have also agreed to cooperate. Individual Members of Parliament (MP) have brought at least six possible Private Members' Bills.
Hon Members, in the past, a yoke has been self-imposed by this honourable House upon itself notwithstanding the constitutional provisions as follows:
1. Parliament is the sole authority to legislate
2. A M e m o r a n d u m accompanying a Bill should be signed by ei ther a Minister or a Member of Parliament.
So, a Member only has to sign and submit and we would work on it.
The leadership of the Committees should please report to this House within 10 days from today, so that we
can do some useful business before this House rises.

Due to the time and business before us I direct that the hours of business be extended accordingly. The Hon First Deputy Speaker will take the Chair to enable me deal with a few matters that have also arisen.

Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:57 p.m.
Mr Speaker, let me express my profound joy at the adoption of this Motion. Indeed, the consensus, and if you like, the unanimity around the Motion is most commendable. I believe that Hon Members have deep feelings about the way forward. Every one of us believes that Parliament should be liberated. Indeed, as Hon K. T. Hammond said, the self-imposed shackles should be broken and indeed, all the crevices be filled.
Mr Speaker, the process and procedures that must lead to the crafting of Private Members' Bills, would certainly, as you have urged, be decided. Unfortunately for us, because we are about to unveil a new Standing Orders, we have also found it expedient to incorporate some
aspect of this into the new Standing Orders, even before we came to this determination. I believe your referral to the leadership of the Constitutional Legal and Parliamentary Affairs Committee would reinforce what ought to be done.
Mr Speaker, Hon K. T. Hammond raised certain issues about the distinction between a Private Member's Bill and a Private Bill. I think that we need to clarify the situation. There are in this House, Public Bills which are Bills that come from the Executive. Then, a private Member could bring a Bill that could also be a Public Bill to the extent that it may exact an impact on the Consolidated Fund. That would be a Public Bill coming from a private Member.
Mr Speaker, we have Private Bills. Private Bills relate to, for example, what we did on the COVID-19 Bill. It ought to have emanated from a private Member as a private Bill. The Major Mahama incident was also to have been a Private Bill.
Mr Speaker, the Constitution in article 39(2) talks about customary practices that are injurious to the
citizens and which are not to be encouraged and are to be indeed banished. If a Member came out with such a Bill, it would emanate from a Private Member and would be a Private Members' Bill. It would still be a private Bill because it would not exact any toll on the Consolidated Fund and to that extent, any public fund.
Also, the issue that has been raised in respect of Article 108 - what we have not applied ourselves to is that the very Article 108 which seems to restrict Parliament is a non-entrenched provision. It is a provision that Parliament could easily come together to amend; yet, it has been a yoke on this Parliament for umpteenth years.
I believe from today onwards, we should come to some determination on that and I believe with the necessary modifications, we can also amend that constitutional provision to liberate Parliament fully in the pursuit of this business that we want to embark on.
Mr Speaker, once again, let me thank my Hon Colleagues for their support. I think that we are all united in this enterprise. We would move
Mr Iddrisu 2:07 p.m.
Mr Speaker, once again, I would commend you for the novelty. I do not intend to comment on the merits, as you have referred it to the appropriate Committees. I would like to add that the review of our Standing Orders will necessarily have to reflect these new changes and novelty in the work that we do.

I can neither see nor contemplate how we could have a legislative procedure that departs from the provisions of the 1992 Constitution. It is not for nothing that many aspects of our Standing Orders reflect the letter and spirit of the Constitution. Therefore, it is supposed to be borrowed that the fact that it is a Private Members' Bill, it would have to walk through the legitimate and lawful constitutionally defined processes.

With regard to what the Hon Majority Leader indicated, we would be guided into the future as to the nomenclature. He and the Hon Member for Adansi Asokwa, Mr K.

T. Hammond, have rightly defined what is private and what is Private Members' Bill but my concern has been where Parliament chose to impose on itself, the power to interpret article 108 of the Constitution. Interpretation is not our mandate but left to the Supreme Court. We ought to have interpreted it in a manner that was convenient to strengthen this institution as a strong accountable institution and that is what we have done.

If we so utilise this opportunity well, we would have a stronger, transparent and accountable Parliament that would serve the needs of the Ghanaian people.

Mr Speaker, I thank you.
Mr Speaker 2:07 p.m.
Hon Majority Leader, what is the next item?
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, we could at this stage, suspend Sitting for about an hour and then return to deal with the outstanding issue which really is the Consideration Stage of the Bill.
Mr Speaker 2:07 p.m.
Hon Majority Leader, are your leaders in -- ?
Mr Iddrisu 2:07 p.m.
Mr Speaker, I wanted to negotiate with the Hon Majority Leader for an adjournment, having achieved this feat but it appears
that there is Government Business to be done. I would have wanted an adjournment and not a suspension. However, I have been informed that the winnowing committee went through some winnowing on the Land Bill, 2019 and so, as a Committee, they may need to get some of those clauses through. So, the House could be suspended as the Hon Majority Leader requested for.
Mr Speaker 2:07 p.m.
Hon Members, this honourable House would stand suspended for an hour.
2.10 p.m. - Sitting suspended.
4.10 p.m. - Sitting resumed.
Mr First Deputy Speaker 2:07 p.m.
Yes, Hon Majority Leader?
Mr Osei Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, I believe we can go to item numbered 28 on page 28.
Mr Speaker, just so that you know, page 28 is usually a very slippery page so - [Laughter] -
Mr First Deputy Speaker 2:07 p.m.
Very well, item numbered 28 on page 28; the Land Bill, 2019 at the Consideration Stage.
BILLS -- CONSIDERATION 2:07 p.m.
STAGE 2:07 p.m.
Mr Francis Manu-Adabor 2:07 p.m.
Mr Speaker, I beg to move, clause 211, line 1, delete “a part of the world” and insert “another country” and in lines 2, 3, 4 and 5, insert “instrument” after all occurrences of “original”.
Question put and amendment agreed to.
Clause 211 as amended ordered to stand part of the Bill.
Clause 212 -- Presentation of instruments of the registry
Mr Manu-Adabor 2:07 p.m.
Mr Speaker, I beg to move, clause 212, subclause (1), line 3, delete “or acknowledgement” and insert “of the instrument”.
So, the third line would read:
“…showing the date and time of the receipt of the instrument.”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, a minor amendment which I guess we have glossed over in clause 212, subclause (2), line 1, the “form of the receipt of acknowledgement” and not “receipt or acknowledgement”.
Mr First Deputy Speaker 2:07 p.m.
Hon Majority Leader, is it “form of the receipt of acknowledgement” or “form of the receipt or acknowledgement”.
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, it is “receipt of acknowledgement” because we take it from clause 212, subclause (1), line
2:
“…shall issue a receipt of acknowledgement”.
It is one that is repeated in clause 212, subclause (2).
Mr First Deputy Speaker 2:07 p.m.
Clause 212, subclause (1) also has the same thing, “receipt or acknowledgement”.
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, it is “receipt of acknowledgement”. The second one in line 3 is what has been amended as “at the time of the receipt of the instrument”.
Mr First Deputy Speaker 2:07 p.m.
All right.
Question put and amendment agreed to.
Clause 212 as amended ordered to stand part of the Bill.
Clause 213 -- Priority of application
Mr Manu-Adabor 2:07 p.m.
Mr Speaker, I beg to move, clause 213, line 3, delete “was” and insert “is”.
So, the line 3 will read:
“…order in which the application is presented to the Registry.”
Question put and amendment agreed to.
Clause 213 as amended ordered to stand part of the Bill.
Clause 214 -- Register and mode of registration
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, there is no advertised amendment to clause 214 and, really, this has to do with drafting: clause 214, subclause (1), line 1, where the punctuation is, alters the meaning. So, the comma after the “register” should be deleted and rather it should come after the “and”. So, it will read:
“The Land Registrar shall put a register and, subject to the exceptions stated in this Act register the instruments presented in that register.”
Mr First Deputy Speaker 2:07 p.m.
Hon Majority Leader, the comma after “register” is what you are talking about.
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, yes, that one should be deleted and it should come after “and”.
Mr First Deputy Speaker 2:07 p.m.
Very well, I direct the draftspersons to remove the comma after the “register” in the first line.
Clause 214 is ordered to stand part of the Bill.
Clause 215 -- Numbering and filing of duplicates or copy
Mr Manu-Adabor 2:07 p.m.
Mr Speaker, I beg to move, clause 215, line 3, delete “they are” and insert “the duplicate or copy is”.
Mr Speaker, it will read 2:07 p.m.
“The Land Registrar shall number each duplicate or copy filed consecutively and shall file the duplicate or copy in the order in which the duplicate or copy is received by the Land Registrar.”
Question put and amendment agreed to.
Clause 215 as amended ordered to stand part of the Bill.
Clause 216 - Certificate of registration
Mr Manu-Adabor 2:07 p.m.
Mr Speaker, I beg to move, clause 216, subclause (1), line 1, delete “A” and insert “The”.
So, it will read:
Mr Manu-Adabor 4:20 p.m.
“The Land Registrar shall immediately after the…”
Question put and amendment agreed to.

Item numbered (xvi)?
Mr Manu-Adabor 4:20 p.m.
Mr Speaker, I beg to move subclause (2), line 1, delete “hour” and insert “time”.
So, it will read:
“The certificate shall specify the year, month, day and time of the proof”.
Question put and amendment agreed to.
Mr First Deputy Speaker 4:20 p.m.
Item numbered (xvii)?
Mr Manu-Adabor 4:20 p.m.
Mr Speaker, I beg to move subclause (3), redraft as follows:
“Where the instrument is ultimately registered, the year, month, day and time specified in the certificate, for the purpose of this Act, is the year, month, day and time at which the instrument was registered.”
Clause 126 as amended ordered to stand part of the Bill.
Clause 217 -- Endorsed instrument
Mr Manu-Adabor 4:20 p.m.
Mr Speaker, I beg to move Line 1, delete “An” and insert “The” and in line 2, delete “that” and insert “the”, and further in line 3, delete “the latter” and insert “that other”.
Mr Speaker, the rendition will read; “The instrument endorsed on another instrument”. The “An” will be maintained and so, we re-amend it. So, it will read; “An instrument endorsed on another instrument shall not be registered without the instrument on which the other instrument is endorsed unless that other instrument is already registered.”
Question put and amendment agreed to.
Clause 217 ordered to stand part of the Bill.
Clause 218 ordered to stand part of the Bill.
Clause 219 -- Copy of plan to be provided
Mr First Deputy Speaker 4:20 p.m.
Item numbered (xix)?
Mr Manu-Adabor 4:20 p.m.
Mr Speaker, I beg to move that Line 2, delete “comprised” and insert “specified”.
Mr Speaker, line 2 will read; ‘specified in or annexed to an instrument'.
Question put and amendment agreed to.
Clause 220 ordered to stand part of the Bill.
Clause 221 -Publication of list of registered instruments
Mr Manu-Adabor 4:20 p.m.
Mr Speaker, I beg to move that subclause (1), line 2, delete “send” and insert “furnish”.
Mr Kyei-Mensah-Bonsu 4:20 p.m.
Mr Speaker, the deletion should rather affect ‘send to' and insert “furnish”.
Mr Bedzrah 4:20 p.m.
Mr Speaker, if you could permit me to go back to clause 218 even though the Question has been put on it.
Mr First Deputy Speaker 4:20 p.m.
Hon Member, let me finish with clause 221 entirely then I will come to you.
Question put and amendment agreed to.
Mr First Deputy Speaker 4:20 p.m.
Item numbered (xxi)?
Mr Manu-Adabor 4:20 p.m.
Mr Speaker, I beg to move that subclause (2), line 3, delete “one” and insert “a” and in line 5, at end, add “and a copy on the website of the Commission”.
Mr Speaker, it will read 4:20 p.m.
“On receipt of the list the Director of the Land Registration Division shall within fourteen days compile one general list which shall be retained in the Director's office, and shall send a copy of the general list to the Land Registrar in charge of each office and publish the general list in a bulleting approved by the Lands Commission and on the website of the Commission”.
Mr Kyei-Mensah-Bonsu 4:20 p.m.
Mr Speaker, I believe that a few things have been left out there. First of all, in line 3, “the Director's office” should read; “office of the Director” and then we would have to repeat:
“the Director shall furnish a copy of the general list to a Land Registrar in charge of each office and publish the general list in a bulletin approved by the Lands Commission'.
Mr Avedzi 4:20 p.m.
Mr Speaker, when we used the word “furnish” in clause 221 (1) we deleted “to” as well, that is, -- ‘furnish the Director of the Land'. Here, we are saying that we should maintain “to” that is, ‘shall furnish a copy of the general list to the Land Registrar. So, let us look at it carefully.
Mr Kyei-Mensah-Bonsu 4:20 p.m.
Mr Speaker, over here, given the construction, it is correct - “will furnish a copy of the general list to the Land Registrar in charge of each office”. In this context, it is correct.
Mr Avedzi 4:20 p.m.
Mr Speaker, we are furnishing the Land Registrar with a copy of the general list, but not actually furnishing ‘a copy'. So, again, it does not follow -- that is, if the Hon Majority Leader says; ‘shall furnish a copy of the general list to the Land Registrar'.
Mr Speaker, if we alternatively say; ‘shall furnish the Land Registrar
with a copy of the general list', that could make it much clearer.
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, I believe that we can leave that to the draftspersons but I follow what the Hon Deputy Minority Leader is saying. We could say “and shall furnish the Land Registrar in charge of each office a copy of the general list and publish the general list in a bulletin approved by the Lands Commission”.
I guess that reengineering would be appropriate.
Mr First Deputy Speaker 4:30 p.m.
So could you read out the new rendition so that I put the Question?
Mr Kyei-Mensah-Bonsu 4:30 p.m.
I would read:
“On receipt of the list, the Director of the Land Registration Division shall within fourteen days compile one general list which shall be retained in the office of the Director, and the Director shall furnish the Land Registrar in charge of each office a copy of the general list and publish the general list in a bulletin approved by the Lands Commission and on the website of the Commission.”
Question put and amendment agreed to.
Mr Manu-Adabor 4:30 p.m.
Mr Speaker, I beg to move, clause 221, subclause (3), line 2, after “sanctions”, insert “prescribed”.
So the line 2 would read:
“Constitute misconduct and is subject to disciplinary sanctions prescribed by the Lands Commission”.
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, on clause 221(3), we are here talking about the failure of the Director of the Land Registration Division. It is the Director of the Land Registration Division who is supposed to submit the list to the Land Registrar. If he fails to do that, the failure would constitute a misconduct.
So it should read:
“Failure by the Director of the Land Registration Division to comply with subsections (1) and (2) constitute misconduct and is subject to disciplinary sanctions prescribed by the Lands Commission.”
Mr First Deputy Speaker 4:30 p.m.
So the “Land Registrar” is changed to “Director of Land Registration
Mr Kyei-Mensah-Bonsu 4:30 p.m.
It is so.
Mr Banda 4:30 p.m.
Mr Speaker, I think we need to be clear as to who has which responsibility to discharge. If we read clause 221(1), an obligation is placed on the Land Registrar to do a certain act. It reads:
“Within ten days after the last day of each month, the Land Registrar in charge of each office shall send…”
So this is an obligation being placed on the Land Registrar. However, if you come to clause 221(2), another obligation is placed on the Director of the Land Registration Division. And when you come to clause 221(3), it makes reference to subclauses (1) and
(2).
I think this is where the confusion is because in clause 221(1), a different person has an obligation and in clause 221(2), another person also has an obligation. So which of them is subclause (3) referring to?
In my opinion, we need to solve this doubt before we could expressly decide as to who should be sanctioned if he or she fails to do what?
Mr Banda 4:30 p.m.
So we could delete “and” and insert “or”.
Mr First Deputy Speaker 4:30 p.m.
In that case, the new rendition would be:
“Failure by the Land Registrar or Director of the Land Registration Division to comply with subsections (1) and (2) constitute misconduct and is subject to disciplinary sanctions prescribed by the Lands Commission.”
Question put and amendment agreed to.
Clause 221 as amended ordered to stand part of the Bill.
Mr Bedzrah 4:30 p.m.
Mr Speaker, even though there was no advertised amendment on clause 218, I have noticed in line 1 that it is captured as: “218 (1) Where in the opinion of a
Land Registrar”. I think it should rather read: “Where in the opinion of the Land Registrar”.
In almost all the renditions, we have “the Land Registrar”, but here it is “a Land Registrar”. Do we have different Land Registrars that we are referring to?
I just wanted a clarification.
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, it is correct in the rendition there with “a Land Registrar” because there are many Land Registrars. All the Regions have their own Land Registrars. It is not just one.
Mr First Deputy Speaker 4:30 p.m.
So there are different Land Registrars and anyone of them could be the one referred to.
Clause 222 -- Searches, copies and extracts
Mr Manu-Adabor 4:30 p.m.
Mr Speaker, I beg to move, clause 222, subclause (2), line 2, at end, add “and the report shall be presumed to be conclusive of the matters stated in the form”.
The new rendition would read:
“A search report shall be in the manner specified in Form 9 of the Third Schedule, and the report shall be presumed to be
conclusive of the matters stated in the form.”
Question put and amendment agreed to.
Mr Manu-Adabor 4:30 p.m.
Mr Speaker, I beg to move, clause 222, add the following new subclause after subclause (2):
“A search report shall provide information on registered instruments and pending applications for registration in respect of the same portion of land in accordance with Regulations made under this Act.”
Question put and amendment agreed to.
Mr Manu-Adabor 4:40 p.m.
Mr Speaker, I beg to move, subclause (3), delete and insert following:
“The Lands Commission shall, on application under subsection (1) and upon payment of the appropriate fees, allow the applicant to inspect at a reasonable time a record, register or list in the custody of the Lands Commission, and the
Lands Commission shall on request provide certified copies of, or extracts from the record, register or list.”
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, at the end of it we should insert: “to the applicant”
“… shall on request provide certified copies of, or extracts from the record, register or list to the applicant.”
Question put and amendment agreed to.
Clause 222 as amended ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, I do not know whether you would want to relax the rules for us but by what we have done at clause 222, we really ought to affect same and effect the same amendment to clause 130(1). I do not know whether you would indulge us to do so for
130(1)?
Mr First Deputy Speaker 4:40 p.m.
I thought this is general.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Yes, Mr Speaker. If you would indulge me, in clause 222(1), we have stipulated some time frame but actually must be taken within 14 days after the
Mr First Deputy Speaker 4:40 p.m.
Very well.
Mr Banda 4:40 p.m.
Mr Speaker, the Hon Majority Leader's proposed amendment is good because an obligation is being placed and if a time limitation is not stated, it is as though the person can do or perform the obligation anytime that he wants but it appears to me that the appropriate place for the Hon Majority Leader's proposed amendment is clause 130(2). This is because clause 130(2) appears to be obligating the Land Registrar after the person has applied for the information to perform a certain function. It says:
“The Land Registrar shall issue to an applicant under subsection (1), the result of the search as specified in Form 9 of the Third Schedule which shall be presumed to be of conclusive of the matters stated in the Form.”
Mr Speaker, so if we can find an appropriate place within 130(2) and insert the proposed amendment, I think that it would bring out the meaning clearer than in 130(1).
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, the clause 222(2) as amended by the Chairman reads at the end of it:
“A search report shall be in the manner specified in Form 9 of the Third Schedule.”
Then he adds:
“… and the report shall be presumed to be conclusive on the matters stated in the form”.
So here, we are talking about the conclusiveness of the matters contained in the report. Once we have it, it concludes it and that obtains in 130(2) except that in clause 222(1), where there is an imposition of a time frame for the delivery of the report, same is not incorporated in 130(1). So we just want to add that element
that within 14 days, the report should ensue. Now, clause 130(2) is just saying that that report shall be presumed to be conclusive, which is replicated in 222(2). So just that little leg.
Mr First Deputy Speaker 4:40 p.m.
Hon Majority Leader, I get you. I would direct the draftsperson to redraft that in terms of 222.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
That is so, Mr Speaker. So that we do not go back to take it during the Second Consideration. So with that understanding, you can leave it to the draftsperson.
Mr First Deputy Speaker 4:40 p.m.
I direct the draftspersons to redraft clause 130(2) to reflect the time period within which the search result would be released.
Clause 223 -- Refusal of registration
Mr Manu-Adabor 4:40 p.m.
Mr Speaker, I beg to move, paragraph (d), line 3, delete “instruments” and insert “instrument”.
Question put and amendment agreed to.
Clause 223 as amended ordered to stand part of the Bill.
Clause 224 -- Notice of grounds of objection to register
Mr Manu-Adabor 4:50 p.m.
Mr Speaker, I beg to move, paragraph (b), line 1, delete “one month” and insert “thirty days” and also delete “reply” and insert “respond.”
Mr Speaker, the new rendition would read 4:50 p.m.
“…Give the applicant thirty days' notice within which to respond to the notice…”
Mr Dafeamekpor 4:50 p.m.
Mr Speaker, I sought the permission of my Hon Chairman to justify this. The import of one month and thirty days are similar but internally, we have adopted in this House to use days instead of months. So, for that consistency, we are departing from the use of months to days instead. Therefore, the use of the thirty days is in conformity with the style of the House.
Mr Afenyo-Markin 4:50 p.m.
Mr Speaker, the Hon Dafeamekpor talked about consistency and a certain agreement as the bases for changing “a month” to “thirty days”.
Mr First Deputy Speaker 4:50 p.m.
Thank you, Hon Member. I get your point.
Mr Afenyo-Markin 4:50 p.m.
Mr Speaker, that is what the Hon Dafeamekpor said. I am saying that such is the position of the Winnowing Committee and the Hon Majority Leader. The Hon Majority Leader must not come into this matter because this is only against the Hon Dafeamekpor. [Interruption]
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, I believe that my Hon Colleague is well aware of the direction provided in the Interpretations Act that because we do not have the same number of days in all the months, instead of using “a month” without knowing where an offence or a commission would happen in a particular month, it would be wise, and to use the Hon Afenyo- Markin's own words, it would also be “prudent” to use “thirty days”. [Laughter]
Question put and amendment agreed to.
Clause 224 as amended ordered to stand part of the Bill.
Clause 225 -- Formal hearing of application for registration
Mr Manu-Adabor 4:50 p.m.
Mr Speaker, I beg to move, subclause (1), opening phrase, line 1, delete “reply” and insert “response.”
Mr Speaker, this is a consequential amendment.
Mr Sayibu 4:50 p.m.
Mr Speaker, I wish to propose that in line 2, instead of the use of the word “title”, we replace it with the word “capacity.” So, it would read:
“Where after the response to the notice given under section 224, the Land Registrar is still not satisfied with the capacity of the grantor to execute the instrument, the Land Registrar shall give notice.”
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, we debated this yesterday, and we realised that in clause 224 (b) line 2, we have the same word there. We debated it, and people even felt that we should replace it with the word “right”, but eventually, we allowed it to hold because it goes right back to where we have used that construction. So, we understand it in that light that “… title to the grantor…” really, is the capacity or the right, but then it is much more expansive.
Mr First Deputy Speaker 4:50 p.m.
Therefore, do you seek to insert the word “right” for “title”?
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, no, we are leaving it to hold as it is.
Mr First Deputy Speaker 4:50 p.m.
Very well.
Hon Members, we would move on to the item numbered xxix.
Mr Manu-Adabor 4:50 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (b), line 3, delete “longer than one month” and insert “not exceeding thirty days.”
Question put and amendment agreed to.
Mr Manu-Adabor 4:50 p.m.
Mr Speaker, I beg to move, subclause (3), line 2, delete “the time” and insert “a time.”
Mr Speaker, the new rendition would read 4:50 p.m.
“The Land Registrar shall proceed to hear and determine the matter at a time and place…”
Question put and amendment agreed to.
Clause 225 as amended ordered to stand part of the Bill.
Clause 226 is ordered to stand part of the Bill.
Clause 227 -- Registration necessary for validity
Mr Manu-Adabor 4:50 p.m.
Mr Speaker, I beg to move, subclause (1), line 3, delete “shall be of no effect until it” and insert “is of no effect until the instrument.”
Mr Speaker, the new rendition would read 4:50 p.m.
“Subject to subsection
Mr Manu-Adabor 4:50 p.m.
Mr Speaker, I beg to move, subclause (2), line 1, delete “with respect to” and insert “in respect of” and in line 2, after “registration” insert “and the Land Registrar is satisfied with the pendency of the appeal.”
Mr Speaker, the new rendition would read 4:50 p.m.
“Where there is an appeal pending in respect of the land which is the subject of registration and the Land Registrar is satisfied with the pendency of the appeal, the appeal shall serve as a caveat in the Register…”
Mr Afenyo-Markin 5 a.m.
Mr Speaker, I would like the Hon Chairman to explain to us -- I am not against the rendition, but I would like him to explain to us what he means by “caveat” in the context as used so that we are clear exactly on how the position would be.
Mr First Deputy Speaker 5 a.m.
Hon Member, “caveat” is a technical term; you are a lawyer, you should teach us.
Mr Sayibu 5 a.m.
Mr Speaker, I am wondering what would make the Land Registrar be satisfied with the pendency of the appeal. And I am raising this because yesterday at the winnowing, we asked for it to be re- done so; what is proposed has not really been thoroughly considered.
Mr Speaker, if we read the new rendition, it gives the discretion to the Land Registrar to express satisfaction or otherwise of the pendency of a caveat. So, I would like to know how that discretion is checked in this provision because it simply says:
“And the Land Registrar is satisfied with the pendency of the appeal”.
Mr Banda 5 a.m.
Mr Speaker, I think this provision is both subjective and objective; subjective in the sense that the Registrar must satisfy himself that there is a pendency of a suit. And how does he do this? If the Registrar procures a copy of the appeal process or any of the parties furnishes the Registrar with a copy of the appeal process, then, objectively, the Registrar can say and determine that there is a pendency of a suit in court, but if the Registrar is going to base his determination on just a hearsay, then, the Registrar would not have objectively satisfied himself that there is a pendency of an appeal in court.
Mr Speaker, if we are taking it from the subjective point of view, the Constitution makes it clear that whenever a discretion is reposed in somebody or somebody has a discretionary power, that discretionary power ought not to be exercised capriciously, whimsically or arbitrarily. So, putting this two together, I believe that any Registrar worth his salt, would first of all, try and procure a copy of the appeal process before he can make such a determination.
Mr First Deputy Speaker 5 a.m.
First, which kind of appeal are we talking about? Is there an appeal within this registration process or appeal at the court? Either way, it is verifiable
whether there is indeed, an appeal. If it is in the court, we must have filed the process; if it is within the registry -- anywhere within the process, that also, the prescribed process must have been filed. And that is how in my view, the Registrar would satisfy himself.
Mr Sayibu 5 a.m.
Mr Speaker, I agree with you but even in the explanation of the Hon Banda, he gave a hint as to why it is important that the exercise of discretion is watched in this particular matter. The fact that we are not even allowing word of mouth; by one party just informing the Registrar, suggests possible collusion to avoid possible collusion with an interested party. So, if we leave it with the satisfaction of the Land Registrar without giving indications as to what should be looked at to satisfy him, then, that possible collusion is still not checked.
If the Land Registrar, for example, has an interest in a land and he is interested in one party getting it, he can decide not to be satisfied that there is an appeal and so, does not consider the existence of an appeal which then serves as a caveat. So, I am still thinking of how we could perhaps, at least suggest something that should be the considering factor for satisfaction even as we still allow some discretion.
Mr Sayibu 5 a.m.
Mr Speaker, I think Majority Leader has given me an idea and I would like to make the following suggestions for consideration: I would like to suggest that instead of “…is satisfied with…”, we could go with “obtains proof of the pendency of an appeal”. The new rendition would read—
Mr First Deputy Speaker 5 a.m.
That is also another way of satisfying oneself; obtaining proof of is also satisfying oneself. So, satisfying himself is probably, wider because it covers proof of verification and all of that.
Mr Sayibu 5 a.m.
Mr Speaker, I am worried about a discretion that is too wide, so, if we limit it to him obtaining proof, then, he satisfies himself based on the proof that he has obtained. And when he takes an action, we can
request for the proof which satisfied him that there was indeed a pendency of an appeal.
Mr First Deputy Speaker 5:10 a.m.
We make laws assuming that “all things would be equal”, [Interruption] but in many instances, all things are not equal because we have quite a substantial amount of integrity gap.

So, you provide words which makes it possible to verify whether the person did what he ought to. That was why I used “satisfied himself”. If there is a challenge, you would ask him to show how he did satisfy himself : how did you verify, what evidence did you get? So, it is those ones, to satisfy yourself, that you are bringing in, but I think that what is there is sufficient.
Mr Afenyo-Markin 5:10 a.m.
Mr Speaker, I wanted to assist my respected Colleague on that matter, that article 296 is clear and if he wants any yardstick to guide the exercise of the said discretion and any challenge thereof to it, then obviously, he may resort to article 296 which gives a guide.
So, he need not worry because if somebody exercises that discretion and that discretion as provided by the
law, sins against what is in article 296, an affected person can as you have said, question the exercise of such discretion. So, he should not be too worried and not belabour it. As the Hon Majority Leader said, let us make progress.
Mr Speaker I thank you for the earlier assistance in respect of the caveat. I had an issue with the context but you explained and I am fine.
Question put and amendment agreed to.
Clause 228 as amended ordered to stand part of the Bill.
Clause 229 -- Priority of instruments
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, I beg to move, clause 229, subclause (3), line 1, before “notice”, insert “omission,”.
The new rendition would read:
“Subsection (2) does not apply where the fraud, omission, notice or mistake or any other vitiating factor”.
Question put and amendment agreed to.
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, I beg to move, clause 229, subclause (4), line 2, delete “shall be” and insert “is” and in line 3, delete “it” and insert “the instrument”.
The new rendition would read:
“An instrument sent by post and received on any day during the hours of business is deemed to have been presented at the time the instrument was received.”
Question put and amendment agreed to.
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, I beg to move, clause 229, subclause (5), lines 2 and 3, delete “its registration” and insert “the registration of the instrument”.
The new rendition would read:
“An instrument shall, except as otherwise expressly provided in sections 227, 228, 231 and this section, take effect from the date of the registration of the instrument.”
Question put and amendment agreed to.
Clause 229 as amended ordered to stand part of the Bill.
Clause 230 ordered to stand part of the Bill.
Clause 231 -- Previously registered instrument
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, with your leave, I would want to abandon that particular amendment and move to the next one.
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, I beg to move, clause 231, subclause (2), line 1, delete “An” and insert “The” and in line 3, delete “shall be” and insert “is”.
The new rendition would read:
“The instrument duly registered under subsection (1) in accordance with the enactment that governed the registration of that instrument at the date of the registration of that instrument is deemed to be duly registered…”
Question put and amendment agreed to.
Clause 231 as amended ordered to stand part of the Bill.
Clause 232 -- Rectification of records
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, I beg to move, clause 232, subclause (1), opening phrase, line 1, before “Lands”, insert “Regional” and in line 2, before “Commission” insert “Regional Lands”.
Mr Speaker, this particular amendment is consequential and items numbered 28 (xli), (xlii) and (xliii) all have the same amendment, all in clause 232. It continues, in line 2, where before “Commission” insert “Regional Lands”. That is different.
Mr First Deputy Speaker 5:10 a.m.
All right. I would take the first one and direct the draftspersons to effect the others.
Question put and amendment agreed to.
I hereby direct the draftspersons to do the insertion of “Regional Lands” before “Commission” in clause 232 as appropriate.
Item numbered 28 (xliv) is the only one which is different?
Mr Manu-Adabor 5:10 a.m.
No Mr Speaker, it is item numbered (xxxix).
Mr First Deputy Speaker 5:10 a.m.
I thought that in all the others , we were to insert “Lands”.
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, that one is different.
Mr First Deputy Speaker 5:10 a.m.
All right. Item numbered 28 (xxxix)?
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, I beg to move, clause 232, subclause (1), paragraph (a), line 3, delete “its” and insert “the”.
Question put and amendment agreed to.
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, I beg to move, clause 232, subclause (2), line 3, delete “the location or”.
So, the third line would read:
“rectification of the records if the rectification shall vary the original size of the land by more than ten per cent.”
Question put and amendment agreed to.
Mr First Deputy Speaker 5:10 a.m.
Item numbered 28 (xli)?
Mr Manu-Adabor 5:10 a.m.
Mr Speaker, item numbered 28 (xli), (xlii) and (xliii) have all been amended
Mr First Deputy Speaker 5:10 a.m.
Very well. So, item numbered 28 (xliv)?
Mr Manu-Adabor 5:20 p.m.
Mr Speaker, I beg to move, clause 232, add the following new clause after subclause
(5):
“Subsection (1) applies only to the plotting of instruments made before the commencement of this Act.”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 5:20 p.m.
Mr Speaker, I have a minor amendment to offer to clause 232 (5). It should read:
“The Lands Commission shall inform the interested persons of the decision''.
Question put and amendment agreed to.
Clause 232 as amended ordered to stand part of the Bill.
Clause 233 -- Power of the State to compulsorily acquire land for public purposes
Mr Kyei-Mensah-Bonsu 5:20 p.m.
Mr Speaker, I want to move that amendment on behalf of the Hon Chairman of the Committee.
Mr Speaker, I beg to move, clause 233, subclause 1, paragraph (a), line 3, delete “or resettlement purposes'' and insert “,'' after “planning'' and then insert “resettlement purposes or for the running of essential services''
Question put and amendment agreed to.
Mr First Deputy Speaker 5:20 p.m.
Item numbered (xlvi) on the Order Paper.
Mr Manu-Adabor 5:20 p.m.
Mr Speaker, there are no further amendments to clause 233, so we would abandon that one.
Mr Manu-Adabor 5:20 p.m.
Mr Speaker, I beg to move, clause 233, subclause 4, line 3, at the end add “and the purpose of the acquisition''.
Question put and amendment agreed to.
Clause 233 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 5:20 p.m.
Hon Majority Leader, are you sure you want us to continue or you want to continue with the winnowing?
Mr Kyei-Mensah-Bonsu 5:20 p.m.
Mr Speaker, we would stop at clause
235.
Mr First Deputy Speaker 5:20 p.m.
Very well.
Clause 234 ordered to stand part of the Bill.
Clause 235 -- Allocation of public land
Mr Manu-Adabor 5:20 p.m.
Mr Speaker, I beg to move, clause 235, subclause 3, delete and insert the following:
“Where public land is allocated to a public body, the Lands Commission shall issue a Certificate of Allocation to the public body''.
Mr First Deputy Speaker 5:20 p.m.
In that case, there should be “where public land is allocated to a public body''.
Question put and amendment agreed to.
Mr Manu-Adabor 5:20 p.m.
Mr Speaker, I beg to move, clause 235, subclause 5, line 2, delete “it'' and insert “the land'' and in line 7, delete “acquisition'' and insert “reacquisition''.
Question put and amendment agreed to.
Mr Manu-Adabor 5:20 p.m.
Mr Speaker, I beg to move, clause 235, add the following new subclause:
“(6) For the purposes of this section, ‘public body' means a public institution that is not a body corporate''.
Mr First Deputy Speaker 5:20 p.m.
Hon Chairman, I think you should winnow the ‘public body' means ‘‘a public institution''.
Mr Kyei-Mensah-Bonsu 5:20 p.m.
Mr Speaker, the “public body'', in that context, cannot be referred to only public institutions. For instance, if an acquisition is made in the name of Parliament, “Parliament'' is not a public institution but an arm of Government. If an acquisition is made in the name of the Judiciary, it is not a public institution but an arm of Government.
Mr First Deputy Speaker 5:20 p.m.
It was just a definition of a “public body'' that you tried to introduced.
Mr Afenyo-Markin 5:20 p.m.
Mr Speaker, since there would be winnowing, I would want to raise this for serious consideration since the Hon Chairman intended no amendment to clause 234 (2).
Clause 234(2), says:
“The State may accept land as a gift from the owner of the land and the land shall, where the donor specifies a purpose for the gift be used for the purposes determined by the donor''.
Mr Speaker, seriously -
Mr First Deputy Speaker 5:20 p.m.
You are right. Even though the Question has been put on it, it has to be reviewed.
Mr Afenyo-Markin 5:20 p.m.
Mr Speaker, you may live long.
Mr First Deputy Speaker 5:20 p.m.
Hon Majority Leader, I suggest that at winnowing, you consider that
subclause again. It is a very social media language. I suggest that you mark it down.
Mr Kyei-Mensah-Bonsu 5:30 p.m.
Mr Speaker, which one are you talking about? Is it the term “gift”?
Mr First Deputy Speaker 5:30 p.m.
Clause 234, subclause (2):
“The State may accept land as a gift from the owner of the land and the land shall be where the donor specifies a purpose for the gift be used for the purposes determined by the donor.”
That phrase “be used” should be properly opened up.
Mr Kyei-Mensah-Bonsu 5:30 p.m.
Mr Speaker, well, in accord with your directive, but I do not see anything wrong with that. Somebody is donating land to the State and says that the State should use it for this purpose.
Mr First Deputy Speaker 5:30 p.m.
Hon Majority Leader, the argument is not in the purpose; it is in how it has been expressed: “…donor specifies a purpose for the gift be used for the purposes determined by the donor.” That “be used for that purpose” could
read “it shall be used” or “the land shall be used for that purpose”. It is how the language has been expressed.
Mr Kyei-Mensah-Bonsu 5:30 p.m.
Mr Speaker, well, we would see how to tweak but honestly, I do not see anything wrong.
Mr First Deputy Speaker 5:30 p.m.
Very well, Hon Members, that brings us to the end of the consideration of the Land Bill, 2019 for today. [Pause]
Yes, Hon Majority Leader, what next?
Mr Kyei-Mensah-Bonsu 5:30 p.m.
Mr Speaker, yesterday, the Winnowing Committee got to clause 235. I would want to plead with them that we should reassemble at 6.30 p.m. to see where we can push ourselves to this evening. Mr Speaker, the Hon Dafeamekpor was there yesterday not as a reserve player but as a utility one. [Laughter] -- The Hon Suhuyini was there; we have Hon Abdallah here, the Hon Chairman himself is here. The Hon Yieleh Chireh is travelled up north but Hon Fuseini Inusah, I understand is here. Hon Anyimadu has been missing in action and the same applies to the
Mr First Deputy Speaker 5:30 p.m.
That was an announcement; it is not a process before me. [Pause]
Hon Majority Leader, are we going to take the Motion?
Mr Kyei-Mensah-Bonsu 5:30 p.m.
Mr Speaker, it is past 2.00 p.m., so, adjournment rests with you. We can adjourn until tomorrow at 10.00 a.m.
Mr First Deputy Speaker 5:30 p.m.
I am asking because the Hon Chairman of the Committee on Mines and Energy told me he has a Motion --
Mr Kyei-Mensah-Bonsu 5:30 p.m.
Mr Speaker, I have had some discussions with him.
Mr First Deputy Speaker 5:30 p.m.
You know he is the prefect of my

caucus. If you are not going to do then I will --
Mr Kyei-Mensah-Bonsu 5:30 p.m.
Which caucus do you mean?
Mr First Deputy Speaker 5:30 p.m.
He is the prefect of the Amansie caucus. [Laughter]
All right, so, the House is accordingly adjourned till tomorrow in the forenoon.
ADJOURNMENT 5:30 p.m.