Debates of 17 Jul 2020

MR SPEAKER
PRAYERS 11:55 p.m.
Mr Speaker 11:55 p.m.
An Hon Member is wearing a hat in the Chamber. It is a contempt of the Mace. Please advise yourself.
Dr Dominic Akuritinga Ayine 11:55 p.m.
Mr Speaker, I think it is --
Mr Speaker 11:55 p.m.
Hon Member, I have not called you to respond to me; I am telling you something. No comment. That is the rule. Tactically, I did not even mention your name, but you want to do something else. You may wear an Islamic cap and dress, but you may not wear a western cap or hat as they say.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:55 p.m.
Mr Speaker 11:55 p.m.
Hon Members, correction of the Votes and Proceedings of Thursday, 16th July, 2020.
Page 1 … 9
Mr Ras Mubarak 11:55 p.m.
Mr Speaker, on page 9, I was the one who seconded the Motion numbered 7 yesterday and not the Hon Ranking Member of the Committee.
Mr Haruna Iddrisu 11:55 p.m.
Mr Speaker, on page 9, the Clerks-at- the-Table cannot afford to repeat the same mistake even when you so direct. I had referenced the Communication from the Office of the President to the Rt Hon Speaker, the Leadership and Parliament that this was Aircraft Accident Investigation and Prevention Bureau Bill, 2020. Is that the exact words as it appears in the President's correspondence?
Mr Speaker 11:55 p.m.
It is well noted.
Page 10 … 36
Hon Members, the Votes and Proceedings of Thursday, 16th July, 2020, as corrected, is hereby adopted as the true record of proceedings.
Hon Members, we have three Official Reports for correction -- the Official Report of Wednesday, 8th July, 2020.
Mr Speaker 11:55 p.m.
Hon Members, we have the Official Report of Thursday, 9th July, 2020 for correction.
  • [No correction was made to the Official Report of Thursday, 9th July, 2020.]
    • Mr Speaker 11:55 p.m.
    Hon Members, we have the Official Report of Friday, 10th July, 2020, for correction.
  • [No correction was made to the Official Report of Friday, 10th July, 2020.]
    • Mr Speaker 11:55 p.m.
    Business Statement -- Hon Majority Chief Whip?
    BUSINESS OF THE HOUSE 12:05 p.m.
    Mr Speaker, the Committee accordingly submits its report as follows 12:05 p.m.
    Arrangement of Business
    Formal Communications by the Speaker
    Mr Speaker, you may read any available communication to the House.
    Question(s)
    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 the Interior -- 1
    ii. Minister for Health -- 2
    iii. Minister for Special Development Initiatives -- 1
    Mr Speaker, the Committee accordingly submits its report as follows 12:05 p.m.
    iv. Minister for Foreign Affairs and Reional Integration -- 2
    v. Minister for Education -- 7
    vi. Minister for Roads and Highways -- 3
    Total Number of Questions -- 16
    Mr Speaker, in all, six (6) Ministers are expected to attend upon the House to respond to sixteen (16) Questions during the week. The Questions are of the following types:
    Urgent -- 3;
    Oral -- 13
    Statements
    Mr Speaker, pursuant to Order 70(2), Ministers of State may be permitted to make Statements of Government policy. Statements duly admitted by the Rt. Hon Speaker may be made in the House by Hon Members, in accordance with Order
    72.
    Bills, Papers and Reports
    Mr Speaker, Bills may be presented to the House for First Reading in accordance with Order 120. However, those of urgent nature may be taken through the various
    stages in one day in accordance with Order 119.
    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.
    Mid-Year Review of the Budget
    Mr Speaker, on Thursday, 23rd
    July, 2020, the Hon. Minister for Finance is expected to move a Motion for the adoption of the Mid- Year Review of the Budget Statement and Economic Policy of the Government of Ghana for the 2020 Financial Year.
    Sitting of the House on Mondays
    Mr Speaker, as recommended during the presentation of previous Business Statements, the House is scheduled to Sit on Monday, 20th July, 2020.
    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.

    Statements

    Presentation of Papers --

    (a) Annual Statement by the Audit Committee of the Kwahu South District Assembly for the year 2018.

    (b) Annual Statement by the Audit Committee of the Ministry of Inner-City and Zongo Development for the year 2019.

    (c) Annual Statement by the Audit Committee of the Oforikrom

    Municipal Assembly for the year 2019.

    (d) Annual Statement by the Audit Committee of the Centre for Plant Medicine Research for the year 2019.

    (e) Annual Statement by the Audit Committee of the Western Regional Coordinating Council for the year 2019.

    (f) Annual Statement by the Audit Committee of the Kyebi Government Hospital for the year 2019.

    (g) Annual Statement by the Audit Committee of the North Tongu District Assembly for the year 2019.

    (h) Report of the Committee on Defence and Interior on the Security and Intelligence Agencies Bill, 2020.

    (i) Report of the Committee on Local Government and Rural Development on the Registration of Births and Deaths Bill, 2020.

    Motions

    (a) Adoption of the Report of the Finance Committee on the
    Mr Speaker, the Committee accordingly submits its report as follows 12:05 p.m.
    Request for waiver of Import Duty, Import NHIL, GETFund Levy, Import VAT, EXIM Levy amounting to the Ghana cedi equivalent of one million, two hundred and eight thousand, four hundred and four United States dollars (US$1,208,404.00) on Machinery, Equipment and raw materials to be procured by Accum Energy Ghana Limited under the One District One Factory (1D1F) programme.
    Consequential Resolution
    (b) Adoption of the Report of the Finance Committee on the Request for waiver of Import Duty, Import NHIL, GETFund Levy, Import VAT, EXIM Levy amounting to the Ghana cedi equivalent of eight hundred and fourteen thousand, eight hundred and seventy-four United States dollars (US$814,874.00) on Machinery, Equipment and raw materials to be procured by Vestor Oil Mills Limited under the One District One Factory (1D1F) programme.
    Consequential Resolution
    (c)Adoption of the Report of the Finance Committee on the Request for waiver of Import Duty, Import NHIL, GETFund Levy, Import VAT, EXIM Levy amounting to the Ghana cedi equivalent of forty-four thousand, nine hundred and ninety United States dollars (US$44, 990.00) on Machinery, Equipment and raw materials to be procured by Ada Premium Diaper Care Company Limited under the One District One Factory (1D1F) programme.
    Consequential Resolution
    Committee sittings

    Urgent Question --
    Mr Benson Tongo Baba (Talensi) 12:05 p.m.
    To ask the Minister for the Interior what measures the Ministry has put in place to stem the spread of the COVID- 19 at the various training centres of the security agencies under the Ministry in the light of the outbreak of the virus at the Pwalugu Police Training School.
    Statements
    Presentation of Papers --
    Report of the Finance Committee on the Request for waiver of Import Duty, Import NHIL, GETFund Levy, Import VAT, EXIM Levy amounting to the Ghana Cedi equivalent of twenty-eight million, two hundred and fifty-one thousand, two hundred and fifty-eight United States dollars (US$28,251,258.00) on Machinery, Equipment and raw materials to be procured by Kasapreko Company Limited under the One District One Factory (1D1F) programme.
    Motions
    Third Reading of Bills --
    Land Bill, 2019.
    Committee sittings.

    Questions --

    *748. Mr. Albert Akuka Alalzuuga (Garu): To ask the Minister for Health when the contractor of the Garu District

    Hospital will return to site to continue the construction.

    *749. Dr. Robert Baba Kuganab-Lem (Binduri): To ask the Minister for Health what impact the Zipline drone delivery service has had on health care delivery since it was launched almost a year ago.

    *750. Mr. Frank Annoh- Dompreh (Nsawam- Adoagyiri): To ask the Minister for Special Development Initiatives whether there are plans to construct three astro turfs at Nsawam Methodist School, Adoagyiri Zongo, and Adoagyiri Cocoa Park.

    *751. Mr. Rockson-Nelson Etse Kwame Dafeamekpor (South Dayi): To ask the Minister for Foreign Affairs and Regional Integration the circumstance under which Mr. Ebenezer Azameti, a blind PhD. Student from Ghana, was expelled from the Oxford University debating chamber in the United Kingdom.

    *752. Mr. Samuel Okudzeto Ablakwa (North Tongu): To ask the Minister for Foreign Affairs and Regional Integration the terms of the agreement
    Mr Benson Tongo Baba (Talensi) 12:05 p.m.
    reached with the United States of America (USA) leading to the lifting of visa restrictions, and how many Ghanaians are to be removed from the USA.
    Statements
    Motions --
    Second Reading of Bills --
    Registration of Births and Deaths Bill, 2020.
    Committee sittings.

    Urgent Questions

    (a) Dr. Zanetor Agyeman- Rawlings (Klottey-Korle): To ask the Minister for Education what measures have been put in place to ensure that the staff, pupils and students are protected from COVID-19 as schools reopen.

    (b) Ms. Betty Nana Efua Krosbi Mensah (Afram Plains North): To ask the Minister for Education what steps are being taken to

    ensure that students in rural communities with no electricity and internet connectivity have the full benefits of the e-learning programme of the Ghana Education Service.

    Questions --

    *768. Dr. Clement A. Apaak (Builsa South): To ask the Minister for Education the number of Senior High Schools in Ghana implementing the ‘double track' system and when the double track system would end.

    *769. Dr. Clement A. Apaak (Builsa South): To ask the Minister for Education if Government has paid WAEC the full cost of the examination fee for the 2019 BECE candidates, and when the payment was made.

    *770. Dr. Clement A. Apaak (Builsa South): To ask the Minister for Education the details on the number, type, and location of educational infrastructure completed to address the infrastructural challenges in our Senior High Schools since 2017.

    *771. Dr. Abdul-Rashid Hassan Pelpuo (Wa Central): To ask the Minister for Education what steps the Ministry is taking to finalise the autonomy status of the University of Business and Integrated Development Studies and to ensure its operation.

    *772. Mr Mohammed Abdul- Aziz (Mion): To ask the Minister for Education how much Government spent on the implementation of the ‘Free Senior High School' from the 2016/2017 academic year to date.

    Statements

    Motions --

    (a)Adoption of the Mid-Year Review of the Budget Statement and Economic Policy of the Government of Ghana for the 2020 Financial Year.

    (b) Adoption of the Report of the Finance Committee on the Request for waiver of Import Duty, Import NHIL, GETFund Levy, Import VAT, EXIM Levy amounting to the Ghana cedi equivalent of twenty-eight million, two

    hundred and fifty-one thousand, two hundred and fifty-eight United States dollars (US$28,251,258.00) on Machinery, Equipment and raw materials to be procured by Kasapreko Company Limited under the One District One Factory (1D1F) programme.

    Consequential Resolution

    Committee sittings

    Questions

    *773. Mr. Alhassan Mumuni (Salaga North): To ask the Minister for Roads and Highways steps the Ministry is taking to construct the Jidanturu -- Chanayili - Epunayirima road.

    *774. Mr. Alhassan Mumuni (Salaga North): To ask the Minister for Roads and Highways when work on the Kpalbe - Nyeshila road will resume and be completed.

    *775. Mr. Edward Abambire Bawa (Bongo): To ask the Minister for Roads and Highways when the contractor working on
    Mr Speaker 12:05 p.m.
    Thank you very much. Any observations, please?
    Mr Frank Annoh-Dompreh 12:05 p.m.
    Mr Speaker, I am grateful. I will begin by commending you and Leadership as yesterday, the Hon Majority Leader moved a Motion for the Private Members' Bill.
    Mr Speaker, I am aware of your wonderful and good works that have been put in this regard and particularly, as we have a legislative drafting office, again, by your kind courtesy. I pray that we will see the full cycle of this movement of truth and be able to acclaim that mandate given us by the Constitution.
    I am once again grateful because a number of my Questions have been admitted. However, I realised that a Question relating to the railway sector, that has to do with the Achimota- Nsawam railway lines was admitted and severally advertised. A few occasions that the Hon Minister was not been able to show up, he called me and also channelled some of the calls through Leadership.
    I realise that as the Hon Majority Chief Whip read the Business Statement, that particular Question was conspicuously missing but I have not received any communication from the Hon Minister. I would kindly like
    to find out from the Hon Majority Chief Whip, what the reason is? Is it that they have received communication from the Hon Minister in relation to the Question or there are some reasons for which it has not been advertised?
    Mr Speaker 12:05 p.m.
    Thank you very much.
    Mr Ras Mubarak 12:05 p.m.
    Mr Speaker, the House agreed and adopted that we Sit on Mondays and very rightly there is so much work to cover before the House rises sine die on 7th August.
    However, we are hardly making full use of the time of the House. At adjournment yesterday, we were told that the House will be Sitting at 10 a.m. If this continues, it will make it very difficult for us to meet the volume of work that we are supposed to undertake before the House rises. So, I humbly appeal and encourage the House to endeavour to strictly go by our time. If we agree to meet at 11 a.m., then we should meet at 11 a.m.
    Mr Speaker, we must not make doing Business in this House take more time than building a cathedral in the 13th century.
    Thank you very much.
    Mr Speaker 12:05 p.m.
    Thank you very much. Any other?
    Mr Haruna Iddrisu 12:15 p.m.
    Mr Speaker, I would like to support the Hon Majority Chief Whip and to urge Colleagues - in particular, the Thursday, 23rd July, 2020, is the Mid- year Review of the Budget pursuant to the Constitution of the Public Financial Management Act, 2016 (Act 921) and very significant exercise in our exercise of oversight.

    So Hon Colleagues should endeavour, even as we are in the constituencies, for the purpose of Thursday and as we observe the protocols of COVID-19, to be available to listen to the Hon Minister for Finance. It might be accompanied by Supplementary Estimates so that we could consider and take the appropriate action on it.

    Mr Speaker, I just want to remind us that the Hon Ras Mubarak indicated earlier about four weeks about the Hon Minister for Employment and Labour Relations coming to this House to update us on the effect of COVID-19 on employment, particularly, how it affects the private sector. We should be looking at it.
    Mr Speaker 12:15 p.m.
    Thank you very much.
    Hon Majority Chief Whip?
    Mr Ameyaw-Cheremeh 12:15 p.m.
    Mr Speaker, in response to Hon Annoh- Dompreh's Question which has not been rescheduled, the Table Office would take it up and see the availability of the Hon Minister for next week or the week after so that we schedule it.
    Hon Ras Mubarak made an appeal, and we would work with his suggestion.
    On the issues that the Hon Minority Leader raised regarding the briefing by the Hon Minister for Health, probably, when the Business Committee meets next week, it should
    be one of the matters that should engage our attention. All the other matters are complementary issues that he raised in conjunction with the work of the Business Committee.
    Thank you, Mr Speaker.
    Mr Speaker 12:15 p.m.
    Thank you very much.
    Hon Members, the Business Statement as presented is hereby admitted accordingly.
    We noticed, however, that some of our difficulties in the mornings come from the winnowing group who do a lot of work at that time to winnow things so that our Consideration Stages would be simpler, but definitely, it should be considered accordingly.
    At the commencement of Public Business, item listed 5 -- Presentation of Papers.
    PAPERS 12:15 p.m.
    Mr Speaker 12:15 p.m.
    Item numbered 5(b), Chairman of the Committee on Foreign Affairs?
    Mr Ameyaw-Cheremeh 12:15 p.m.
    Mr Speaker, my information is that the Report is not ready to be laid.
    Mr Speaker 12:15 p.m.
    Item numbered 5(c), Hon Chairman of the Committee on Local Government and Rural Development?
    Mr Ameyaw-Cheremeh 12:15 p.m.
    Mr Speaker, the leadership of the Committee on Local Government and Rural Development are not present in the Chamber, so we might move to Motions listed as item 6.
    Mr Speaker 12:15 p.m.
    Item listed 6 - Motion, Chairman of the Committee?
    Dr Mark Assibey-Yeboah 12:15 p.m.
    Mr Speaker, we have one Report that covers the Motions listed as items 6,
    8 and 10. So we would take all the three Motions together.
    MOTIONS 12:15 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 12:15 p.m.
    Mr Speaker, I beg to move:
    That this honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duty, Import NHIL, GETFund Levy, Import VAT, EXIM Levy amounting to the Ghana cedi equivalent of one million, two hundred and eight thousand, four hundred and four United States dollars (US$1,208,404.00) on Machinery, Equipment and Raw Materials to be procured by Accum Energy Ghana Limited under the One District One Factory (1D1F) programme;
    That this honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duty, Import NHIL, GETFund Levy, Import VAT, EXIM Levy amounting to the Ghana cedi equivalent of eight hundred and fourteen thousand, eight
    Mr Speaker 12:15 p.m.
    Thank you very much.
    Yes, Hon Member?
    Mr Ras Mubarak (NDC -- Kumbungu) 12:25 p.m.
    Mr Speaker, I beg to second the Motion and in doing so, I wish to make a couple of points.
    Mr Speaker, we are currently in a COVID-19 pandemic era, which many countries see as a big challenge. It provides us with a unique opportunity to promote companies that are here and get them to do a lot of businesses which ultimately would result in the recruitment of young men and women across the country.
    Mr Speaker, we have had the issue of capital flight for a very long time. Capital flight because many of the companies that come in here are multinationals and whatever profit they make, they ship them out of the country.
    Now, in an era of COVID-19, which provides us with an opportunity, we need to support many companies that are here and doing business.
    Mr Speaker, if we look at the number of jobs that these companies
    are indicating they would provide, they are quite enormous. It would get many of our young people off the streets and that is very exciting as far as I am concerned.
    rose
    Mr Speaker 12:25 p.m.
    Hon Member, do you have any difficulty?
    Mr Afenyo-Markin 12:25 p.m.
    Mr Speaker, rightly so. I have an issue for your consideration.
    Mr Speaker, the Hon Member who rose did so to second the Motion. The practice as known to all of us is that it is Hon Members of the Committee who normally second the Motion. [Interruptions] -- Mr Speaker, this is a matter that would require your ruling and those on the other Side must keep quiet and listen. This is because this ruling would guide us.
    Mr Speaker, we are guided by rules of practice and jurisprudence.
    Mr Speaker, I therefore invite you to determine whether or not a Member of this House who is not a Member of a Committee, although he or she attends the Committee's sitting, can second a Motion on the Floor.
    Mr Speaker, your ruling would guide us.
    I thank you, Mr Speaker.
    Mr Speaker 12:25 p.m.
    So, if there is no other Member of the Committee, our business cannot go on? [Laughter]
    If that is what you want, say it. Then Government business would not go on. Do you want to arrest that business because it happens to be at any particular time when no Hon Member of the Committee is present? Then, we put that matter in a limbo. Is that part and parcel of your submission, please?
    Mr Afenyo-Markin 12:25 p.m.
    Mr Speaker, I would always be guided by your wisdom but it is your Committee's Report that is being presented to the House and the Committee is not made up of only one person. The Finance Committee has Hon Members in excess of 20. So all I am saying is that under normal circumstance --
    Mr Afenyo-Markin 12:25 p.m.
    Mr Speaker, in an abnormal circumstance, only the Hon Chairman would be available. That is why I want you to rule that in certain exceptional circumstances -- Mr Speaker, I am inviting you to rule that in exceptional circumstances, non-members can second a Motion.
    Mr Speaker 12:25 p.m.
    Hon Minority Leader, your observation?
    rose
    Mr Speaker 12:25 p.m.
    Yes, Hon Ayariga?
    Mr Ayariga 12:25 p.m.
    Mr Speaker, when a referral is made to a Committee and the Committee considers the matter and then presents the Report to plenary and it is set out as an item on the Order Paper, I think at that point, we all own that document. Anybody who has read the document and is confident and can speak to the document, in my opinion, can play any supporting role in ensuring that that document is processed.
    So, if the Hon Chairman has moved and any Hon Member in this Chamber who has read the document and can speak to it and believes that the Hon Chairman's Motion should be
    seconded, can second it. If the person in the presentation clearly shows lack of knowledge of the subject matter, then of course, if somebody has an objection, the person can raise the objection. In this matter, clearly, a friend of the Committee who sat through the Committee's deliberations and is very conversant with the issues is ably supporting the Motion and I think on this Friday that we hope to transact business expeditiously and leave so that we can go to our Constituencies and monitor the registration exercise, Mr Speaker should not entertain the delay that is taking place in this Chamber -- [Laughter].
    Mr Haruna Iddrisu 12:25 p.m.
    Mr Speaker, this House is governed by its rules of procedure referred to as the Standing Orders. May I respectively refer you to Order 81?:
    “Unless otherwise provided in these Orders, every motion unless made at the Second Reading or Consideration Stage of a Bill, must be seconded, and if not seconded shall not be debated or entered in the Votes and Proceedings.”
    Mr Speaker, my emphasis is “must be seconded”. It does not indicate who should second it. So an elected Member of Parliament and a Member
    of this House can lawfully second a Motion.
    Mr Speaker, indeed, the headnote reads 12:25 p.m.
    “Motions to be seconded.”
    So this Motion is being seconded and therefore our Hon Colleague should respect that as you have guided him. If he wants interjections that frustrate Government business, we can be better players at it. So let him be guided by our rules and Standing Orders.
    Mr Joseph Osei-Owusu 12:25 p.m.
    Mr Speaker, practically, I wanted to draw your attention to Order 81 so that we curtail a further debate and move on.
    Mr Afenyo-Markin 12:35 p.m.
    Mr Speaker, I cannot have a strong argument to make when I am confronted with any rule of procedure, particularly so under Order 81; but you would agree that when this submission I so made and invited your ruling on is premised on jurisprudence -- Jurisprudence in my view, would always override the rule of procedure.
    Mr Speaker, we have argued time without number in this House that we are the masters of our own rules. So if we are the masters of our rules and we have, as the Hon Minority Leader
    said, the Order 81 does not specify who should second a Motion and we have elected through practice and jurisprudence that Members of Committees should second their Motion, I would agree that under exceptional circumstance, we can depart -- [Interruption] -- I agree we are not bound.

    Mr Speaker, this application cannot be dismissed - [Interruption] -- as lacking merit. It has merit because whatever ruling you would give, would guide future conduct. For anybody to suggest that it is aimed at, perhaps, obstructing Government Business -- Mr Speaker, no! In this Chamber, we debate to enrich our understanding of parliamentary jurisprudence, and no one should be limited in that regard.

    Mr Speaker, I have no problem, if I lose this application. But the records would have it -- [Interruption] -- that the Hon Member for Effutu on a day like this, raised this all important matter. Mr Speaker, the Hansard would be my witness.

    I rest my case.
    rose
    Mr Anyimadu- Antwi 12:35 p.m.
    Thank you, Mr Speaker.
    Mr Speaker 12:35 p.m.
    Hon Member, you do not seem to hear me. This is a very simple matter. A Member may second a Motion. Under normal circumstance, the Hon Member would automatically yield to a Member of the Committee, just for the sake of good order. They wrote their report and they have presented it.
    Once a report is presented to this honourable House, let us make it very clear, that the report becomes the property of the House. An Hon Member may move it accordingly, because the business efficacy rules itself, since the Hon Member wants us to be practical, we will not allow a good thing to suffer just because of some procedural matters that others insist on.
    Nevertheless, Order 81 settles it in clear terms. It is the privilege of any Hon Member to second; it is not reserved for a Member of a particular committee per se.
    Hon Mubarak, you may continue?
    Mr Ras Mubarak 12:35 p.m.
    Mr Speaker, I thank you very much.
    In conclusion, I would urge my Hon Colleagues to support the Motion as it gives more jobs to the young people of this country.
    Question proposed.
    rose
    Mr Speaker 12:35 p.m.
    Yes, Hon Annoh- Dompreh?
    Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 12:35 p.m.
    Mr Speaker, I thank you for your kindness. I beg to support the Motion and to make a few comments.
    First of all, it is important for us to recognise that it feeds into overarching Government's policy of industrialisation. I am aware of many occasions where we have given such tax support and holidays to boost business growth, to create jobs and to open up the economy.
    Mr Speaker, paragraph 5.5 of your Committee's Report talks about the
    fact that the Committee observed that most of the projects to be undertaken are intended for exports. When we read on, two of the companies -- Accum Energy Ghana Limited and Vestor Oil Mills Limited, with the exception of Ada Premium Diaper Company Limited -- they are oriented towards exports.
    I am aware of the existence of the free zones concepts and the Ghana Free Zones Authority. I am too sure, if the Finance Committee addressed their minds to the existence of the regime, companies which intend to export about 70 per cent of their products outside the country stand to benefit tax regimes by the Free Zones Act and some waivers. So I am wondering - even though I support the Motion in principle, I am too sure whether resorting to the free zones concept would be a better alternative as compared to the One District, One Factory (1D1F) opportunities.
    Mr Speaker, I would want to find out from the Hon Chairman of the Committee, Dr Mark Assibey- Yeboah, if it is important or it would not be out of place for us to say that the two companies which are more oriented on exports could be separated. I think more than 70 per cent of their products would be exported outside the country. So, it
    becomes relevant that these companies rather resort to an already existing free zones concept, which is much more attractive and relevant in this context. And then, maybe the last company, which is the Ada Premium Diaper Company Limited could go ahead and access the tax waivers that are associated with the 1D1F programme.
    Mr Speaker, I thank you for the opportunity.
    rose
    Mr Speaker 12:35 p.m.
    Yes, Hon Member and then Leadership?
    Mrs Comfort Cudjoe-Ghansah (NDC -- Ada) 12:35 p.m.
    Thank you, Mr Speaker, for the opportunity to support the Report of the Committee.
    Mr Speaker, my interest is on page 4 of the Report which is on Ada Premium Diaper Company Limited. Ever since I came to this House, this is the first time a company from Ada has been listed to get a waiver. I am so happy to see it. I would urge that Hon Members support, so that the youth of Ada can be employed in this company. The company started its work in 2016, but along the line, they
    Mr Speaker 12:35 p.m.
    Thank you very much, Hon Member.
    Yes, Hon Minority Leader?
    Minority Leader (Mr Haruna Iddrisu) 12:35 p.m.
    Mr Speaker, l thank you for the opportunity, and to associate myself with the support for the Motion.
    Mr Speaker, 1D1F is the flagship industrialisation programme of President Nana Addo Dankwa Akufo-Addo, which is intended not just for production, but to create jobs.
    Mr Speaker, I have two observations; one would appear to be a correction. On paragraph 3.3, with your permission, I beg to read:
    “Ada Premium Diaper Company Limited was established in 2015,
    and commenced its business on 11th January, 2016. It is a manufactured company…”
    I am sure it is “a manufacturing company”.
    Mr Speaker, may I respectfully refer you to paragraph 5.4; but before I do so, Hon Annoh-Dompreh has raised an important issue. It is for us to beg the Committee to avoid a double count of the enjoyment of double exemption of taxation. What cures his concern is that, if these companies are not registered under the Free Zones Act, 1995 (Act 504), then legitimately, they are entitled to these exemptions by virtue of article 174 of the Constitution. What we should do is to avoid that, if they are free zones companies.
    Mr Speaker, I have the Free Zones Act here. In section 21 12:35 p.m.
    ”None application of import laws to free zones”
    Mr Speaker, with your permission, I beg to quote section 22 12:45 p.m.
    “Exemption from taxes of import into Free Zone Areas: Subject to article 174 of the Constitution, the import of the free zone developer, subcontractor or enterprise into a free zone or single factory zone are exempt
    from direct and indirect taxes and duties.”

    So, ours is to ensure that they do not double claim. I would however want to assume that those companies are not Free Zones companies, except that by their definition and character, he is right. Where a company produces for the purpose of export and is required to export up to 70 per cent, then necessarily, it qualifies to be a Free zones entity.

    Therefore, we should not take for granted the concern that he has raised. The Committee should do a thorough work. So, instead of even calling for collaboration with the Ghana Export Promotion Authority in paragraph 5.5, they may want to add the Ghana Free Zones Authority, instead of just limiting it to the Ghana Export Promotion Authority because they are also interested in that.

    Mr Speaker, I may now want to refer you to paragraph 5.4. I listened to the Hon Chairman and the Hon Ras Mubarak. Under the observations of the Committee, we are told that the Committee observed that if implemented, a number of benefits would be derived from the proposed projects. It says, and I quote that

    there would be: “Increase in employment”. Next time, they should give us indication on each of the companies.

    On the Ada Premium Diaper Care Company the Vestor Oil Mills Company and the Accum Energy Ghana Company, we should have been made aware of the number of persons that they are considering to recruit. We should have the members, even if it is a projection. They cannot just tell us that these companies would contribute to employment and end it there. The justification for them benefiting from this tax exemption is the fact that they would contribute to one, the growth of the economy, and two, to employment.

    Mr Speaker, further on the same paragraph, on “increase in export earnings”, we would want to know what they are anticipating. We should be told whether for instance they would grow increase under export earnings by a million dollar, two million dollars or 500 thousand. We should see what the projections are. I also see “quality of poultry and feed”, but with that one, I would not be able to comment on it.

    Mr Speaker, I would conclude by referring you to paragraph 5.7 of the Committee's Report. It reads:

    “In response to how many companies under the ID1F Programme are fully operational,
    Mr Speaker 12:45 p.m.
    Thank you very much, Hon Minority Leader.
    We would move on to the Majority Leadership.
    Mr Moses Anim (NPP -- Trobu) 12:45 p.m.
    Mr Speaker, I thank you for the opportunity to also support the Motion and encourage Hon Members to do same.
    Mr Speaker, into the fourth Sitting of the emergency meetings held on the 3rd May, 2019, this House approved the 1D1F secretariat of such waivers, and also put in a caveat that at any material time that each approved or certified industry is to enjoy such waivers, they were to take all the duties and also bring it to this House for approval, and that is exactly what the Ministry of Finance through the 1D1F Programme has done in order for us to give such an approval.
    Mr Speaker, the 1D1F Programme has been a flagship project for this Government, purposely to ensure that we add value to our raw materials and also create job opportunities.
    Mr Speaker, if you read the Report, all these factories are using local materials - soya beans, palm kennel, waste batteries and so on and so forth. I believe that when we
    continue to support such local industries under the 1D1F Programme using our raw material sources -- some time ago I knew that soya bean became a very important commodity. Glut situations reduce the prices at the market point, and it does not motivate and encourage farmers to expand the growth of such commodities.
    Mr Speaker, with such support to our industries for them to take and add value, we would encourage our farmers to do so. The issue of these batteries is an environmental issue, and some of these activities are an effort to control and manage our environment as well. With climate change becoming a challenge, we can take advantage of some of these things and make sure that our factories work well.
    Mr Speaker, also, we would try to play around this world trade organisation laws and ensure that through our strategies, we would be able to support our local industries without infringing on any world trade organisation policy or laws. This is because through the 1D1F Programme and the availability of funding for such factories, it would work.
    Kasapreko is a very big company, and it is one of the leading Ghanaian registered companies. They deal in carbonated and non-carbonated products. If we had done some of these things for Astek Fruit Processing Ltd, which started fruit processing in this country including mineral water, if such facilities had been in existence, then Astek would not have been a defunct company today. However, it is also being listed under the 1D1F Programme, and I think that this House must support some of these initiatives and encourage the 1D1F Programme to do so.
    Mr Speaker, my Hon Colleague, the Hon Annoh-Dompreh raised an issue about the Free Zones. He said that it is either we put companies under them or we really check companies that have already been put under them. However, the beauty of the 1D1F Programme is the availability of funding. The international banks and other banks are supporting Government, making funds available for local industry.
    Mr Speaker, the paramount distilleries, hitherto, being led by GIHOC, was defunct. Today, Kasapreko has gone to purchase such a facility and has broaden the facility for them, so that they could produce more towards the coastal belt and also in the northern area as well.
    Mr Speaker 12:45 p.m.
    Hon Members, we shall now move on to the Resolutions numbered 7, 9 and 11, by the Hon Minister for Finance.
    Mr Ameyaw-Cheremeh 12:45 p.m.
    Mr Speaker, I seek your leave for the Hon Minister for Tourism to move the Resolutions on behalf of the Minister for Finance.
    Mr Speaker 12:45 p.m.
    Thank you very much.
    Yes, Hon Minister?
    RESOLUTIONS 12:45 p.m.
    Minister for Tourism (Ms Barbara Oteng-Gyasi on behalf of the Minister for Finance) 12:45 p.m.
    Mr Speaker, on the item numbered 7, I
    beg to move, that WHEREAS by the provisions of article 174 (2) of the Constitution, Parliament is empowered to confer power on any person or authority to waive or vary a tax imposed by an Act of Parliament;
    THE EXERCISE of any power conferred on any person or authority to waive or vary a tax in favour of any person or authority is by the said provisions made subject to the prior approval of Parliament by resolution;
    BY THE COMBINED 12:45 p.m.
    Ms Oteng-Gyasi 12:45 p.m.
    Mr Speaker, on the Resolution numbered 9, I beg to move, that
    WHEREAS by the provisions of article 174 (2) of the Constitution, Parliament is empowered to confer power on any person or authority to waive or vary a tax imposed by an Act of Parliament;
    THE EXERCISE of any power conferred on any person or authority to waive or vary a tax in favour of any person or authority is by the said provisions made subject to the prior approval of Parliament by resolution;
    BY THE COMBINED 12:45 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 12:45 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr Speaker 12:45 p.m.
    Hon Members, we would now move on to the item numbered 12.
    Mr Ameyaw-Cheremeh 12:55 p.m.
    Mr Speaker, the Vice Chairman of the Committee on Mines and Energy would move the Motion on behalf of the Chairman.
    Mr Speaker 12:55 p.m.
    Hon Vice Chairman, you may.
    MOTIONS 12:55 p.m.
    Mr Speaker 12:55 p.m.
    Thank you very much, Hon Chairman.
    Dr Kwabena Donkor (NDC -- Pru East) 12:55 p.m.
    Mr Speaker, I rise to second the Motion but in so doing, I would like to draw Parliament's attention to what I think if we do not take a second look at, may be akin to a dereliction of duty by Parliament. In the Observations and Background and the Rationale for the ratification
    of the leases, a certain Asaase IPO is being introduced.
    Mr Speaker 12:55 p.m.
    A certain?
    Dr Donkor 12:55 p.m.
    Mr Speaker, Initial Public Offer (IPO) for a special purpose company is being introduced as the rationale for justification. Mr Speaker, we have a constitutional obligation as Parliament under article 268 to ratify leases or otherwise.
    Minerals Act also, imposes an obligation on this House to do this. When we have a constitutional obligation and have an obligation arising current Act, we should not justify this by some other reason other than the constitutional obligation in article 268.
    Parliament, unfortunately, has not lived up to this; some of the leases are 20 years or more in operation without the ratification. And this is what I think should concern Parliament. The justification for ratifying these leases is the constitutional obligation in article 268.
    Mr Speaker, having said this, I support the ratification.
    Mr Speaker 12:55 p.m.
    Thank you very much.
    One from each Side; Leadership. -- [Pause] -- Hon Members, shall we conclude the debate? One from each Side. Minority to start, then, a response from the Majority and we put the Question.
    Dr Dominic Akuritinga Ayine (NDC -- Bolgatanga East) 1:05 p.m.
    Thank you Mr Speaker. I wish to make an observation with respect to the Report that has been presented. When we look at the Report; I think paragraph -- Mr Speaker, the Report makes reference to an IPO as justification for the need to ratify the mining leases. This is a very cursory reference to an IPO that is supposed to serve as the basis for the ratification.
    And Mr Speaker, I think that in the interest of transparency and accountability, we should have had the further and better particulars of the IPO provided either as an appendix or an addendum to this Report so that Members of Parliament are apprised of what is happening so that we could more easily be able to undertake our constitutional duty with the full complement of the information. But the reference to the IPO. without more, I think it is not sufficient in the interest of transparency. So, Mr Speaker, I urge the House to insist
    that the details of the IPO be made available.
    Thank you Mr Speaker.
    Deputy Minister for Lands and Natural Resources (Mr Benito Owusu-Bio): Mr Speaker, I beg to support this Report and in so doing, to say that what the Hon Member on the opposite Side just said, would be done.

    This is just the beginning of the process. After the ratification, yes, they would move on to the IPO issue and for transparency, it would be brought to the House for perusal.

    Question put and amendment agreed to.
    Mr Speaker 1:05 p.m.
    Resolutions numbered 13 to 26? Who moves them? Hon Minister?
    Mr Anim 1:05 p.m.
    Mr Speaker, I would seek your leave and the indulgence of the House to allow the Hon Deputy Minister to move the Resolution on behalf of the substantive Minister.
    Mr Speaker 1:05 p.m.
    Very well. Yes, Hon Deputy Minister, you may.
    Mr Speaker 1:05 p.m.


    Minerals and Mining Act, 2006 (Act 703), the Minister on the advice of the Minerals Commission may enter into a development agreement under a mining lease with a person where the proposed investment by the person will exceed five hundred million United States dollars and the development agreement shall be subject to ratification by Parliament.

    BY THE PROVISIONS of section 40 of the Minerals Income Investment Fund Act, 2018 (Act 978), the Minister may enter into a tripartite stability agreement with the Minerals Income Investment Fund and a Special Purpose Vehicle which shall be subject to ratification by Parliament.

    IN PURSUANCE of the said article 268 (1) of the Constitution, the Minerals and Mining Act, 2006 (Act 703), and the Minerals Income Investment Fund Act, 2018 (Act 978), the Government of Ghana has caused to be laid before Parliament through the Minister responsible for

    Lands and Natural Resources the Mining Lease Agreement between the Government of the Republic of Ghana and Abosso Goldfields Limited in respect of the Lima South Lease under the Asaase Royalties Limited Special Purpose Vehicle associated with the Royalty Monetisation provision of the Minerals Income Fund Act, 2018 (Act

    978).

    NOW THEREFORE, this House in accordance with the said article 268 (1) of the Constitution, the Minerals and Mining Act, 2006 (Act 703), and the Minerals Income Investment Fund Act, 2018 (Act 978), hereby resolves to ratify the said the Mining Lease Agreement between the Government of the Republic of Ghana and Abosso Goldfields Limited in respect of the Lima South Lease under the Asaase Royalties Limited Special Purpose Vehicle associated with the Royalty Monetisation provision of the Minerals Income Fund Act, 2018 (Act

    978).

    WHEREAS by the provisions of article 268 (1) of the Constitution, any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of the Constitution is made subject to ratification by Parliament.

    BY THE PROVISIONS of section 43(1) of the Minerals and Mining Act, 2006 (Act 703), where a mineral right is for mining or exploitation, the Government shall acquire a ten per cent free carried interest in the rights and obligations of the mineral operations in respect of which financial contribution shall not be paid by Government.

    BY THE PROVISIONS of sections 49(1) and (3) of the Minerals and Mining Act, 2006 (Act 703), the Minister on the advice of the Minerals Commission may enter into a development agreement

    under a mining lease with a person where the proposed investment by the person will exceed five hundred million United States dollars and the development agreement shall be subject to ratification by Parliament.

    BY THE PROVISIONS of section 40 of the Minerals Income Investment Fund Act, 2018 (Act 978), the Minister may enter into a tripartite stability agreement with the Minerals Income Investment Fund and a Special Purpose Vehicle which shall be subject to ratification by Parliament.

    IN PURSUANCE of the said article 268 (1) of the Constitution, the Minerals and Mining Act, 2006 (Act 703), and the Minerals Income Investment Fund Act, 2018 (Act 978), the Government of Ghana has caused to be laid before Parliament through the Minister responsible for Lands and Natural Resources the Mining Lease Agreement between the Government of the Republic of Ghana and Asanko Gold (Gh) Limited in respect of the
    Mr Speaker 1:05 p.m.


    BY THE PROVISIONS of section 43(1) of the Minerals and Mining Act, 2006 (Act 703), where a mineral right is for mining or exploitation, the Government shall acquire a ten per cent free carried interest in the rights and obligations of the mineral operations in respect of which financial contribution shall not be paid by Government.

    BY THE PROVISIONS of sections 49(1) and (3) of the Minerals and Mining Act, 2006 (Act 703), the Minister on the advice of the Minerals Commission may enter into a development agreement under a mining lease with a person where the proposed investment by the person will exceed five hundred million United States dollars and the development agreement shall be subject to ratification by Parliament.

    BY THE PROVISIONS of section 40 of the Minerals Income Investment Fund Act, 2018 (Act 978), the Minister may enter into a tripartite stability agreement with the Minerals Income Investment Fund and a

    Special Purpose Vehicle which shall be subject to ratification by Parliament.

    IN PURSUANCE of the said article 268 (1) of the Constitution, the Minerals and Mining Act, 2006 (Act 703), and the Minerals Income Investment Fund Act, 2018 (Act 978), the Government of Ghana has caused to be laid before Parliament through the Minister responsible for Lands and Natural Resources the Mining Lease Agreement between the Government of the Republic of Ghana and Azumah Resources (Ghana) Limited in respect of the Kunche/ Bepkong Lease under the Asaase Royalties Limited Special Purpose Vehicle associated with the Royalty Monetisation provision of the Minerals Income Fund Act, 2018 (Act 978).

    NOW THEREFORE, this House in accordance with the said article 268 (1) of the Constitution, the Minerals and Mining Act, 2006 (Act 703), and the Minerals Income Investment Fund Act, 2018 (Act 978), hereby

    resolves to ratify the said the Mining Lease Agreement between the Government of the Republic of Ghana and Azumah Resources (Ghana) Limited in respect of the Kunche/Bepkong Lease under the Asaase Royalties Limited Special Purpose Vehicle associated with the Royalty Monetisation provision of the Minerals Income Fund Act, 2018 (Act

    978).

    WHEREAS by the provisions of article 268 (1) of the Constitution, any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of the Constitution is made subject to ratification by Parliament.

    BY THE PROVISIONS of section 43(1) of the Minerals and Mining Act, 2006 (Act 703), where a mineral right is for mining or exploitation, the

    Government shall acquire a ten per cent free carried interest in the rights and obligations of the mineral operations in respect of which financial contribution shall not be paid by Government.

    BY THE PROVISIONS of sections 49(1) and (3) of the Minerals and Mining Act, 2006 (Act 703), the Minister on the advice of the Minerals Commission may enter into a development agreement under a mining lease with a person where the proposed investment by the person will exceed five hundred million United States dollars and the development agreement shall be subject to ratification by Parliament.

    BY THE PROVISIONS of section 40 of the Minerals Income Investment Fund Act, 2018 (Act 978), the Minister may enter into a tripartite stability agreement with the Minerals Income Investment Fund and a Special Purpose Vehicle which shall be subject to ratification by Parliament.

    IN PURSUANCE of the said article 268 (1) of the Constitution, the Minerals
    Chairman of the Committee (Mr George Mireku Duker) 1:05 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and amendment agreed to.
    Resolved accordingly.
    Mr Speaker 1:05 p.m.
    Hon Second Deputy Majority Whip, where do we go from here?
    Mr Anim 1:05 p.m.
    Mr Speaker, we may take item numbered 30, that is the consideration of the Land Bill, 2019.
    Mr Speaker 1:05 p.m.
    The Hon First Deputy Speaker to take the Chair.
    Hon Members, item numbered 30, Land Bill, 2019 at the Consideration Stage.
    Hon Chairman of the Committee, where are we now? I noticed that the debate is to continue on clause 33, in the name of the Hon Majority Leader.
    Mr Manu Adabor 1:05 p.m.
    Mr Speaker, we will start with amendment numbered 30 (x) on page 34 of the Order Paper, and then we would go to clause 254.
    Mr Speaker 1:05 p.m.
    Item numbered 30 (x), that is clause 235. Hon Chairman, you may continue.
    BILLS -- CONSIDERATION 1:05 p.m.
    STAGE 1:05 p.m.
  • [Resumption of debate from 16/07/2020]
    • Chairman of the Committee (Mr Francis Manu-Adabor) 1:05 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 an organ of State, a state institution,
    a department or an agency that is not a body corporate.”
    Mr Rockso-Nelson E.K. Dafeamekpor 1:05 p.m.
    Mr Speaker, I am in full support of the present amendment. You would realise from the Bill that this definition does not feature yet in the interpretation section. Since it has to be defined, when we get to the interpretation section, it would be taken care of. So, I am in full support.
    Question put and amendment agreed to.
    Clause 235 as amended ordered to stand part of the Bill.
    Clause 236 -- Unlawful occupation or sale of public land
    Mr Manu-Adabor 1:05 p.m.
    Mr Speaker, I beg to move, clause 236, subclause (5), line 1, delete “has unlawfully occupied or encroached” and insert “unlawfully occupies or encroaches”. Also in line 2, delete “interfered” and insert “interferes”.
    The new rendition would read:
    “Where a person unlawfully occupies or encroaches on or interferes with a public land…”
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 1:10 a.m.
    Yes, Hon Chairman, you had moved item numbered 30 (xi)?
    Mr Manu-Adabor 1:10 a.m.
    Yes Mr Speaker.
    Mr Dafeamekpor 1:10 a.m.
    Mr Speaker, I support the amendment which is in conformity with the drafting style we have adopted in the House to draft in the present tense. So I am in full support.
    Question put and amendment agreed to.
    Mr Manu-Adabor 1:10 a.m.
    Mr Speaker, I beg to move, clause 236, subclause (6), opening phrase, line 1, delete “a trespasser” and insert “the person”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:10 a.m.
    Item numbered 30 (xiii)?
    Mr Manu-Adabor 1:15 p.m.
    Mr Speaker, items numbered (xiii) and (xiv) all have the same amendment, so it is consequential.
    I beg to move, clause 23, subclause (6), paragraph (a), delete “the trespasser” and insert “that person”. Further in subclause (6), paragraph (c), line 2, delete “the trespasser” and insert “that person”.

    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:15 p.m.
    Item numbered (xiv) on the Order Paper.
    Hon Chairman of the Committee, kindly move according to what is in the Order Paper.
    Mr Manu-Adabor 1:15 p.m.
    Mr Speaker, I beg to move, clause 236, subclause 7, line 1, after “agency'', insert “a duly authorised agent of the appropriate agency'' and in line 2, delete “agency'' and insert “agent''
    Mr First Deputy Speaker 1:15 p.m.
    First, I would put the Question on item numbered (xiv) on the Order Paper because I did not direct that the draftspersons do it so.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:15 p.m.
    Now, I would put the Question on
    Mr Manu-Adabor 1:15 p.m.
    Mr Speaker, I beg to move, clause 236, subclause 10, paragraph (a), line 1, delete “a person authorised by'' and insert “a duly authorised agent of''.
    Question put and amendment agreed to.
    Mr Manu-Adabor 1:15 p.m.
    Mr Speaker, I beg to move, clause 236, subclause 10, paragraph (b), lines 1 and 2, delete “a person'' and insert “the appropriate agency or a duly authorised agent of the appropriate agency''.
    Mr Speaker, we have the same consequential amendment to item numbered (xviii) on the Order Paper.
    Mr First Deputy Speaker 1:15 p.m.
    It is subclause 10 (b) and (c), right?
    Mr Manu-Adabor 1:15 p.m.
    Yes, Mr Speaker.
    Question put and amendment agreed to.
    Mr Manu-Adabor 1:15 p.m.
    Mr Speaker, I beg to move, clause 236, subclause 12, paragraphs (a) and (b), rearrange as follows:
    “(a) to obtain an injunction against the development of the land;
    (b) to stop the encroachment or development of the land; or”
    Mr Dafeamekpor 1:15 p.m.
    Mr Speaker, my difficulty with this provision is that it is not necessary for us as Parliament to enact a law and say that where there is an encroachment or an unlawful development on land, a person may commence a court action to obtain an injunction against the development of the land.
    My view is that once a court action is instituted in respect of unlawful development on a person's land, the circumstances of the case and the relieve that would be sought would be such that the court would exercise its discretionary powers to grant an interim injunction, if the circumstances of the case requires the person to do that. So, for us to by statutory provisions state that the person has to do that is unnecessary.
    However, I agree that what we seek to make paragraph (b), which is paragraph (a), in the Bill, that is “to
    stop the encroachment or development of the land'', could stand because that is why the person would go to court but implied in the institution of the court action, is the fact that the court could exercise its discretion to grant the person what is called an interim injunction or an interlocutory injunction depending on the circumstances.
    Mr Kwame Anyimadu-Antwi 1:15 p.m.
    Mr Speaker, at the winnowing meeting, we agreed that on the phase of this, the paragraph (b) appears to be an interim injunction and then the paragraph (a) appears to be a more permanent one. That is why we agreed to juxtapose paragraph (b), to become paragraph (a) and paragraph (a), to become paragraph (b). That is the only reason behind it. So, I am in support of the proposed amendment.
    Mr Ben Abdallah Banda 1:15 p.m.
    Mr Speaker, this matter was raised and dealt with at the winnowing meeting. We all know that the C. I. 47, permits a person to institute an action. In that same C. I. 47, it also allows a party to an action to bring a motion either on ex parte or notice for an interim injunction. That is exactly what we want to do with this provision. The paragraph (a), talks about encroachment, which may not necessarily be development. So, it
    distinguishes between encroachment and development and the paragraph (b) talks about an injunction. We want to make it abundantly clear and put it beyond all doubt that apart from a party instituting an action against the encroacher or the trespasser, these are some of the relieves that the party could also institute.
    Mr Speaker, when an action is instituted, the party who has instituted the action must take a practical step by filing a motion to restrain the other party from carrying out what the plaintiff in this case, does not want the respondent or the defendant to do. Until and unless that is done or that matter is brought to the notice of the court or the judge, the court or the judge would not be in the position to know what the plaintiff does not want the defendant to do.
    Mr Speaker, paragraphs (a), (b) and (c), have been properly situated and for which reason they should not be touched.
    Mr First Deputy Speaker 1:15 p.m.
    My reading of it gives me the impression that we want to limit what a party other than the State could go to court to seek. Either you seek to stop the encroachment or development, to obtain an injunction or to prevent a sale. Is that the intention that as a policy you want a party other than the
    Mr Dafeamekpor 1:25 p.m.
    Mr Speaker, the understanding is that when the condition in the belly of the Bill is triggered, we have indicated the steps that could be taken. My position is that once the law mandates a person to take a court action in respect of the unlawful activities which occurs on a person's land, it is by our rules of court that the person would proceed and pursuant to order 25 of C. I. 47, provisions are made for you, given the peculiar circumstances of the case, to apply for any of the interim reliefs, that is interlocutory or interim injunction or whatever interim relief one may seek. So, for me, it is implied in paragraph (a) that the action one is taking is to
    stop the unlawful activity. I agree that paragraph (a) should stay and what is in paragraph (c) now should become paragraph (b) and then we take out original paragraph (b).
    Mr Banda 1:25 p.m.
    Mr Speaker, I may agree to some extent that paragraphs (a) and (b) appear to be the same but instead of taking out paragraph (a) - If we say “to stop the encroachment or to obtain an injunction” the purpose of an injunction is to temporarily put a stop to what is taking place. So, I would rather say that we should maintain paragraph (b) but include “encroachment” so that it would read:
    “to obtain an injunction against the encroachment or development of the land.”
    Mr Speaker, so that paragraph (c) becomes paragraph (b), then we take out paragraph (a).
    Mr First Deputy Speaker 1:25 p.m.
    Well, Hon Member, I also have a problem with the inclusion of an injunction. The end is to stop it; one of the means by which one stops it is by injunction. It could be by other means but if we limit it to injunction, then we limit the party to just one of the processes by which the party may stop the development.
    I think paragraph (a) which rather reads:
    “to stop the encroachment or development of the land;”
    By which means one does it -- There are all array of processes available to the person in court - so, the paragraph (a) rather should stay and the paragraph (b) should go and the paragraph (c) may also stay.
    Mr Anyimadu-Antwi 1:25 p.m.
    Mr Speaker, I made a point earlier and I think your directives confirmed that there are so many means of stopping the encroachment and then, there are several laws that also provide that there should be an injunction and to me, this is an interim process. It appears that the injunction would be an interim process towards what one would have achieved under paragraph (a). Therefore, I would want to suggest that for the avoidance of doubt, we should maintain the two.
    Mr First Deputy Speaker 1:25 p.m.
    Hon Member, are interim injunctions not discretionary? So, if we legislate for an order which is discretionary, I think we would be overreaching the courts.
    Mr Dafeamekpor 1:25 p.m.
    Mr Speaker, exactly my point that once we legislate like this, then we are tying the hands
    of the court that necessarily the relief has to be granted. So, we normally would leave this in the hands of the court that given the peculiar circumstances of the case, a court could grant the application either ex parte or on notice in respect of an injunctive relief. So, the court would exercise its discretion given the affidavit evidence available.
    Mr Speaker, so, for me, the paragraph (b) is not necessary at all.
    Mr First Deputy Speaker 1:25 p.m.
    Hon Member, but what is before us is a redraft of the paragraphs (a) and (b). Is that it?
    “(a) to obtain an injunction against the development of the land;
    (b) to stop the encroachment or development of the land; or”
    Mr Manu-Adabor 1:25 p.m.
    Mr Speaker, I agree that paragraph (a) should stay; paragraph (b) should be deleted; and the paragraph should also stay. So, you could direct the draftspersons to do same.
    Mr First Deputy Speaker 1:25 p.m.
    Hon Chairman of the Committee, in that case, do we need the proposed amendment?
    Mr Banda 1:25 p.m.
    Mr Speaker, I would rather wish that just as you early on said that paragraph (a) is more comprehensive than paragraph (b) because there could be other means or modalities of stopping the encroacher.
    Mr Speaker, so, despite the proposed amendment, let us maintain paragraphs (a) and (c) and then delete paragraph (b).
    Mr First Deputy Speaker 1:25 p.m.
    I will put the Question, that subclause 12 (b) of clause 236 should be deleted.
    Question put and amendment agreed to.
    Mr Manu-Adabor 1:25 p.m.
    Mr Speaker, I beg to move, clause 236, subclause (14), line 3, before “corporation” insert “public”. So, it will read:
    “or an organ or agency of the State or a statutory public corporation.”
    Mr Dafeamekpor 1:25 p.m.
    Mr Speaker, I am in support because in the same Bill, we have encountered private corporations. So, it is important that where we encounter “corporations”, we indicate whether public or private.
    Question put and amendment agreed to.
    Clause 236 as amended ordered to stand part of the Bill.
    Clause 237 ordered to stand part of the Bill.
    Clause 238 -- Availability of funds for payment of compensation
    Mr Manu-Adabor 1:25 p.m.
    Mr Speaker, I beg to move, clause 238, subclause (2), line 1, delete “Where” and insert “Despite subsection (1), where” and in line 3, delete “make” and insert “have an approved”.
    So, the new rendition would be:
    “Despite subsection (1), where the intended user is a Ministry, Department or Agency, the Ministry, Department or Agency shall obtain Cabinet approval and have an approved budgetary allocation for the payment.”
    Question put and amendment agreed to.
    Clause 238 as amended ordered to stand part of the Bill.
    Clause 239 ordered to stand part of the Bill.
    Clause 240 -- Declaration of land intended for compulsory acquisition
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I beg to move, clause 240, add the following new subclauses:
    “(3) Subsection (2), shall not apply where there is a dispute in respect of the land.

    Mr Speaker, with your permission, we drop the (4) and replace it with a new amendment. I beg to read; ‘Despite subsection (2), the Lands Commission may, for the cause before the expiry of the two - year period or within the time that the court may allow, apply to the court for an extension of the period and the court may extend the period for a further one year only'.

    Question put and amendment agreed to.
    Mr Banda 1:35 p.m.
    Mr Speaker, I have seen that in clause 240 (2), there are two amendments which, though have
    not been captured here but this is something that we always do. That has to do with the “its” in lines 2 and 3.
    I believe that if you direct the draftspersons they will be able to put these possessive pronouns in their correct perspectives.
    Mr First Deputy Speaker 1:35 p.m.
    Very well.
    The draftspersons shall take note of the “its” in line 2 and “it” in line 3 of clause 240 (2) and make the appropriate corrections.
    Question put and amendment agreed to.
    Clause 240 as amended ordered to stand part of the Bill.
    Mr Anyimadu-Antwi 1:35 p.m.
    Mr Speaker, since we are at the Consideration Stage, may I seek your leave to go back to clause 238 (2)?
    What we had agreed for clause 238 (2) was to replace “Ministry, Department or Agency” with the words; ‘Public Body'. So, the new rendition will read: ‘Despite subsection (1), where the intended user is a Public Body, the Public Body shall obtain Cabinet approval'.
    Mr Speaker that is the correction I seek to make.

    Hon Chairman?
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I agree.
    Mr First Deputy Speaker 1:35 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 238 as amended ordered to stand part of the Bill.
    Clause 241 -- Preliminary investigation
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I beg to move, that clause 241 subclause (1), paragraph (b), line 1, delete and insert the following: “dig through the subsoil for analysis”.
    Question put and amendment agreed to.
    Mr Patrick Yaw Boamah 1:35 p.m.
    Mr Speaker, this is not to take us back. I do not know if clause 33 has been taken and whether we are taking it to the Second Consideration stage.
    Mr First Deputy Speaker 1:35 p.m.
    We deferred that. We will discuss it.
    Mr Boamah 1:35 p.m.
    Mr Speaker, I just wanted to know.
    Mr First Deputy Speaker 1:35 p.m.
    Hon Member, it is a matter I know you are interested in.
    Mr Boamah 1:35 p.m.
    Mr Speaker, it is because I have a serious interest in this matter.
    Mr First Deputy Speaker 1:35 p.m.
    I will encourage you to stay till the end. At the end of the Consideration, we will return to that clause.
    Mr Boamah 1:35 p.m.
    Mr Speaker, it is getting very cold.
    Mr Dafeamekpor 1:35 p.m.
    Mr Speaker, I would want to assure my Hon Colleague that I have his back in this matter.
    Mr First Deputy Speaker 1:35 p.m.
    Very well.
    Item numbered (xxiv)?
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I beg to move, that subclause (2), line 2, delete “one month” and insert “thirty days”.
    Question put and amendment agreed to
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I beg to move, that subclause (3), line 1, Mr Speaker, we have the same in subclause (4) line 1 that is, item
    numbered (xxvi) and back in sub clause (2) line 1 as well, we omitted it but we still have ‘a person' there which should also be amended. We have to add ‘authorised by the Lands Commission'. That is, in subclause (2), line 1, after ‘persons'. So, it is consequential. In subclause (3) we further amend line 2 by deleting “into” and inserting “upon”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 1:35 p.m.
    Item numbered (xxvi)?
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, that was the consequential amendment.
    Question put and amendment agreed to
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I beg to move subclause (5), line 2, before “damage”, delete “the” and insert “any”.
    Mr Speaker, it will read; ‘on an entry under subsection (1), the authorised person shall pay for any damage caused'.
    Question put and amendment agreed to.
    Clause 241 as amended ordered to stand part of the Bill.
    Clause 242 -- Notice to interested person
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I beg to move, that Headnote, delete “interested person” and insert “persons who have interest”.
    So, it will read; ‘notice to persons who have interest.'
    Question put and amendment agreed to.
    Mr Manu-Adabor 1:35 p.m.
    Mr Speaker, I beg to move, that subclause (1), line 3, delete “interested or claiming to be interested” and insert “who have interest or claiming to have interest” and in line 4, delete “those of them that” and insert “any other person who”.
    Mr Banda 1:35 p.m.
    Mr Speaker, it makes sense. However, it just occurred to me that if we did it in the singular, it will be more elegant than in the plural. So, I just want to render a little amendment to what the Hon Chairman has just proposed.
    It will read;
    “Where the State decides to acquire land under this Act, the
    Mr First Deputy Speaker 1:45 p.m.
    Yes, Hon Dafeamekpor?
    Mr Dafeamekpor 1:45 p.m.
    Mr Speaker, I am in support of the Hon Chairman of the Constitutional, Legal and Parliamentary Affairs Committee's proposed amendments. It conforms to our drafting style in the House.
    Question put and amendment agreed to.
    Mr Anyimadu-Antwi 1:45 p.m.
    Mr Speaker, earlier, the Hon Chairman made a proposal to amend the headnote, but having drafted in singular, I am tempted to propose that we go back to the original which is “Notice to interested person”.
    We changed it to “Notice to persons who have interest”. If we are
    drafting in singular, I think we have to go back to the original rendition.
    Mr First Deputy Speaker 1:45 p.m.
    Yes, Hon Chairman of the Constitutional, Legal and Parliamentary Affairs Committee?
    Mr Banda 1:45 p.m.
    Mr Speaker, we want to avoid interested person. That is why we changed the rendition. I agree that it should be drafted in the singular except that I would want to propose that it should read: “Notice to a person with interest”.
    Question put and amendment agreed to.
    Mr Manu-Adabor 1:45 p.m.
    Mr Speaker, I beg to move, clause 242, subclause (5), lines 2 and 3, delete “a newspaper circulating in the locality where the land is situated” and insert “a daily newspaper of national circulation”.
    Question put and amendment agreed to.
    Mr Boamah 1:45 p.m.
    Mr Speaker, the Hon Chairman just moved an amendment; he is using “a daily newspaper of national circulation”. I know we have been using “a
    newspaper of national circulation” or a “daily newspaper”. Must it be “a daily newspaper” or “a newspapers of national circulation”?
    Mr First Deputy Speaker 1:45 p.m.
    Now, I think “daily” has been introduced to be sure that some people do not miss the days. So if a paper is weekly, it does not qualify. Yes, Hon Member for Bawku Central?
    Mr Mahama Ayariga 1:45 p.m.
    Mr Speaker, I think we also have to be forward looking. In this electronic or information technology era, we may get to a day that there would be no daily newspapers, and I do not know what would happen to this law.
    Mr First Deputy Speaker 1:45 p.m.
    Item (xxxi)?
    Mr Manu-Adabor 1:45 p.m.
    Mr Speaker, I beg to move, clause 242, subclause (6), line 2, delete “twelve months” and insert “one year”.
    Question put and amendment agreed to.
    Clause 242 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:45 p.m.
    Yes, Hon Chairman of the Committee on
    Constitutional, Legal and Parliamentary Affairs Committee?
    Mr Banda 1:45 p.m.
    Mr Speaker, there is a little oversight. If I have your permission, I would want to go back to clause 242(3), line 2, with the use of the possessive “their”, if you direct the draftspersons, they know what they have to put. It should read:
    “(3) A notice under subsection (1) shall be served on a person who claims to have an interest in the land or be left at the last or usual place or abode or business of the person.”
    Question put and amendment agreed to.
    Clause 242 as amended ordered to stand part of the Bill.
    Mr Anyimadu-Antwi 1:45 p.m.
    Mr Speaker, with your kindness, I may want to go back to clause 242(3).
    Mr Speaker, clause 241(3), line 1, we agreed to delete “a person” and insert “an authorised person, staff or workman”. Then in clause 241(4), it is consequential, we agreed to delete “a person” and insert the same words as I have said. Also, in clause 241(5), we agreed to delete “a person” and insert the same words. The words are “an authorised person, staff or workman”.
    Mr Anyimadu-Antwi 1:45 p.m.
    Mr Speaker, we omitted these amendments, and I am drawing your attention to that.
    The new rendition of clause 241, subclause (3), the first line would be:
    “Without prejudice to subsection (2), an authorised person, staff or workman shall not enter upon any land, or premises except with the consent of the occupier.”
    Mr First Deputy Speaker 1:45 p.m.
    Very well. Yes, Hon Chairman of the Constitutional, Legal and Parliamentary Affairs Committee?
    Mr Banda 1:45 p.m.
    Mr Speaker, just to tweak it a little, by the omission of the indefinite article to be substituted with the definite article because it is referring to an authorised person captured in clause 241(1) which is the preamble. Mr Speaker, to the extent that the person has been mentioned in clause 241(1) already, I propose that we omit the “a” and insert “the” to make it definitive.
    Mr First Deputy Speaker 1:45 p.m.
    So instead of “an authorised person” subclauses (3) and (4) should read “the authorised person”.
    Mr Banda 1:45 p.m.
    Yes.
    Mr First Deputy Speaker 1:45 p.m.
    Very well.
    Question put and amendment agreed to.
    Mr Anyimadu-Antwi 1:45 p.m.
    Mr Speaker, subclause 4 is consequential. So the new rendition would be: “(4) Despite subsection (3), the authorised person --
    Mr First Deputy Speaker 1:45 p.m.
    I have put the Question on all of them.
    Mr Anyimadu-Antwi 1:55 p.m.
    Very well, Mr Speaker.
    Then, subclause (5) should read: “the authorised person, staff or workman”.
    So the new rendition would be:
    “on an entry under subsection (1), the authorised person, staff or workman shall pay for any damage caused by the entry” …

    Question put and amendment agreed to.

    Clause 241 as amended ordered to stand part of the Bill.

    Clauses 243 and 244 ordered to stand part of the Bill.

    Clause 245 -- Report of consultation
    Mr Manu-Adabor 1:55 p.m.
    Mr Speaker, I beg to move, subclause (2), line 3, delete “situated” and insert “situate and any person identified to have an interest in the lands”.
    Question put and amendment agreed to.
    Clause 245 as amended ordered to stand part of the Bill.
    Clause 246 - Further survey
    Mr Manu-Adabor 1:55 p.m.
    Mr Speaker, I beg to move, Subclause (3), redraft as follows:
    “(3) A person authorised under subsection (1) shall not enter any premises unless that person has first sought and obtained the consent of the occupier of the premises or upon failure of the occupier to give consent, the person gives the occupier fourteen days' notice in writing of the intention of that person to enter the premises.”
    Question put and amendment agreed to.
    Clause 246 as amended ordered to stand part of the Bill.
    Clause 247 -- Withdrawal of State from Acquisition
    Mr Manu-Adabor 1:55 p.m.
    Mr Speaker, I beg to move, subclause (1), line 2, delete “notification” and insert “notice”.
    Question put and amendment agreed to.
    Clause 247 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:55 p.m.
    Hon Members, having regard to the state of the business of the House, I direct that the House Sits outside the regular sitting hours.
    Clause 248 -- Information on land use of scheduled land.
    Mr Manu-Adabor 1:55 p.m.
    Mr Speaker, I beg to move, subclause (1), paragraph (a), line 1, delete “scheduled land” and insert “land scheduled for acquisition”.
    Question put and amendment agreed to.
    Mr Banda 1:55 p.m.
    Mr Speaker, once we have amended “scheduled land” to read “land scheduled for acquisition”, if you permit me, I want same to be captured in the headnote of clause 248 so that the headnote would read: “Information of land use of scheduled land for acquisition”. That was the amendment we effected in subclause 1 because we did not want the “scheduled land” hanging. That explains why we sought to add “for acquisition” so that the headnote would capture same.
    Mr First Deputy Speaker 1:55 p.m.
    They are not the same. “Information on land use of scheduled land” and this one is “land scheduled for acquisition”. Are they the same?
    Mr Banda 1:55 p.m.
    Mr Speaker, the original rendition in 248 (a) is that: “whether the scheduled land …” and the scheduled land is obviously the land that has been earmarked for acquisition and we did not want “scheduled land” alone to be hanging. We wanted to qualify “scheduled land with acquisition” so that it would be
    beyond doubt as to the particular land being spoken About . That informed the amendment we just effected and I want same to be captured in the headnote because the headnote also says “scheduled land” and obviously, we are referring to the same land. The land which has been earmarked for acquisition. So I want “for acquisition” also to be reflected in the headnote so that upon reading the headnote, one would not be in doubt as to what the provision is talking about.
    Mr First Deputy Speaker 1:55 p.m.
    So the proposed text is “Information on land use of land scheduled for acquisition”? Then it cannot be. It should be: “Information on use of land scheduled for acquisition”.
    Question put and amendment agreed to.
    Clause 248 as amended ordered to stand part of the Bill.
    Clause 249 -- Publication of Executive Instrument
    Mr Manu-Adabor 1:55 p.m.
    Mr Speaker, I beg to move, subclause (2), add the following new paragraph:
    “be announced on a local radio station within the area where the land is located;”
    Question put and amendment agreed to.
    Mr Manu-Adabor 2:05 p.m.
    Mr Speaker, I beg to move, subclause (5), line 2, delete “ineffective” and insert “of no effect” and in line 3, delete “voidable” and insert “void”.
    Question put and amendment agreed to.

    Clause 249 as amended ordered to stand part of the Bill.

    Clause 250 -- Interested claimant to submit claim.
    Mr Manu-Adabor 2:05 p.m.
    Mr Speaker, I beg to move, clause 250, headnote, delete and insert “Claimant”.
    Question put and amendment agreed to.
    Clause 250 as amended ordered to stand part of the Bill.
    Clause 251 -- Service of notice.
    Mr Manu-Adabor 2:05 p.m.
    Mr Speaker, I beg to move, clause 251, subclause (1), line 4, delete “upon” and insert “on”.
    Question put and amendment agree to.
    Clause 251 as amended ordered to stand part of the Bill.
    Mr Banda 2:05 p.m.
    Mr Speaker, just a minor amendment in clause 250(2) : we agreed to amend “a person” to read “the person”. It has not been captured in the Order Paper.
    Mr First Deputy Speaker 2:05 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 250 as amended ordered to stand part of the Bill.
    Clause 252 -- Notice of assessment
    Mr Manu-Adabor 2:05 p.m.
    Mr Speaker, I beg to move, clause 252, subclause (1), and line 3, delete “scheduled land” and insert “land scheduled for acquisition”.
    Question put and amendment agreed to.
    Mr Manu-Adabor 2:05 p.m.
    Mr Speaker, I beg to move, clause 252, subclause (2), delete and insert the following:
    “Each notice shall contain a description of the land specified in the
    Mr Anim 2:05 p.m.
    Mr Speaker, I think we should end the Consideration Stage here ; that is exactly where the winnowing committee got to.
    Mr First Deputy Speaker 2:05 p.m.
    Hon Member, did you not get to clause
    253?
    Mr Anim 2:05 p.m.
    Mr Speaker, no.
    Mr First Deputy Speaker 2:05 p.m.
    Very well, that brings us to the end of the consideration of the Land Bill, 2019 for today.

    Hon Leader, any announcement? Otherwise, I would bring proceedings to a close.
    Mr Anim 2:05 p.m.
    Mr Speaker, I would want to remind Hon Members that following the Business Committee's
    Report that was adopted earlier today, we would sit next week Monday, 21st July, 2020. I also want to remind Hon Members that the Mid-Year Review of the Budget Statement and Economic Policy of Government for 2020 would be presented on Thursday, 23rd July, 2020. Hon Members should take note of these two announcements.
    Mr Speaker, it is past 2.00 p.m., so we are in your hands.
    Mr First Deputy Speaker 2:05 p.m.
    Very well. Yes, Minority Leadership?
    Mr Maham Ayariga 2:05 p.m.
    Mr Speaker, I think some Hon Members have raised some serious welfare matters that the Hon Majority Whip has glossed Over. [Laughter]
    Mr Anim 2:05 p.m.
    Mr Speaker, the Hon Member wants to mourn more than the bereaved. I would want to remind the winnowing committee that they would meet on Monday. [Laughter]
    Mr First Deputy Speaker 2:05 p.m.
    Hon Members, I am bringing proceedings to a close.
    ADJOURNMENT 2:05 p.m.