Debates of 10 Aug 2020

MR SPEAKER
PRAYERS 12:29 p.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 12:29 p.m.
Mr Speaker 12:29 p.m.
Hon Members, Correction of the Votes and Proceedings of Friday, 7th August,
2020.
Page 1 … 11
Mr Edward Kaale-Ewola Dery 12:29 p.m.
Thank you Mr Speaker. On page 7, item listed 36, I was present on Friday, 7th August, 2020 but I was marked as being absent. Could the Table Office take note?
Mr Speaker 12:29 p.m.
Thank you.
Page 12 … 58
Hon Members, the Votes and Proceedings as corrected, are hereby, adopted as the true record of proceedings.
Mr Speaker 12:29 p.m.
At the Commence- ment of Public Business, the item listed 4; Presentation of Papers.
Item numbered 4(a), Hon Majority Leader?
Mr Matthew Nyindam 12:29 p.m.
Mr Speaker, I thank you. With your leave and indulgence of the House, if I could lay the Paper listed 4(a) on behalf of the Majority Leader?
Mr Speaker 12:29 p.m.
Please, do.
PAPERS 12:29 p.m.
Mr Speaker 12:29 p.m.
Hon Members, the items listed 4(b)(i) and (ii)?
Mr Nyindam 12:39 p.m.
Mr Speaker, the Hon Deputy Minister for Finance would lay the Paper on behalf of the Minister for Finance.
By Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) on behalf of the (Minister for Finance) —
(i) Annual Statement by the Audit Committee of Cocoa Marketing Company (Ghana) Limited for the period January to December, 2018.
(ii)Annual Statement by the Audit Committee of Cocoa Marketing Company (Ghana) Limited for the period January to December, 2019.

Referred to the Finance Committee.
Mr Speaker 12:39 p.m.
Item numbered 4 (b)(iii)?
By the Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) on behalf of the (Minister for Finance) --
Budget Performance Report in Respect of the Office of the Head of Civil Service for the Period January to June, 2020.

Referred to the Finance Committee.
Mr Speaker 12:39 p.m.
Item numbered 4 (b)(iii)?
By the Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) on behalf of the (Minister for Finance) --
Public Financial Management (Public Investment Manage- ment) Regulations, 2020.
Referred to the Finance Committee.
Mr Speaker 12:39 p.m.
Item numbered 4 (b)(iv)?
By the Deputy Minister for Finance (Mr Kwaku Agyeman Kwarteng) on behalf of the (Minister for Finance) --
Transfer Pricing Regulations,
2020.
Referred to the Finance Committee.
Mr Speaker 12:39 p.m.
Item numbered 4 (b)(v)?
Mr Kwarteng 12:39 p.m.
Mr Speaker, I thought we seemed to have laid the item numbered 4 (b)(v), so what we would lay now is item numbered 4 (b)(iv).

with the item numbered (b)(v)?
Mr Kwarteng 12:39 p.m.
Mr Speaker, I am all right.
Mr Speaker 12:39 p.m.
Very well. Just for the avoidance of doubt, the Papers are duly presented and referred to the Finance Committee for consideration and report.
Dr Assibey-Yeboah 12:39 p.m.
Mr Speaker, I have been on my feet for some time now. First, items numbered 4 (b) (i) and (ii), the Annual Statements by the Audit Committee would go to the Committee on Employment and Social Welfare and State Enterprises and the item numbered 4 (b) (iv) and (v), the Papers would go to the Committee on Subsidiary Legislation.
Mr Speaker 12:39 p.m.
Very well. It should be complied with accordingly.
Dr Pelpuo 12:39 p.m.
Mr Speaker, I noticed that item numbered 4 (b) (iii) was laid twice and the rest were laid out of place. When you called for item numbered 4 (b) (iii), the Clerk-at-the Table read item numbered 4 (b)(iv).
Mr Speaker 12:39 p.m.
The Table Office should correct that accordingly.
Dr Assibey-Yeboah 12:39 p.m.
Mr Speaker, item numbered 4 (b)(iii) would rightly go to the Finance Committee.
Mr Speaker 12:39 p.m.
Very well. To the Finance Committee it goes.
Item numbered 4 (c), the Chairman of the Committee on Defence?
Mr Nyindam 12:39 p.m.
Mr Speaker, the Chairman of the Committee is not around. Could we lay -- ?
Mr Speaker 12:39 p.m.
Is the Report ready?
Mr Nyindam 12:39 p.m.
Mr Speaker, the Chairman of the Committee is not here and I cannot confirm or deny.
Mr Speaker 12:39 p.m.
Very well.
Mr Nyindam 12:39 p.m.
So, could we take the presentation of Papers in the Order Paper Addendum? After that we could come back.
Mr Speaker 12:39 p.m.
I have not received the Addendum yet. [Pause]
Item numbered 4 (a) on the Addendum Order Paper, by the Minister for Finance.
By the Deputy Minister for Finance (Mr Kwaku Agyeman warteng on behalf of the (Minister for Finance) --
Request for waiver of stamp duty amounting to five million,
nine hundred and sixty-two thousand, five hundred Ghana cedis (GH¢5,962,500) on Debenture covering an amount of up to US$150,000,000.00 in respect of the Term Loan Facility Agreement between Credit Suisse AG, London Branch and the Ghana Export- Import Bank.
Referred to the Finance Committee.
Mr Speaker 12:39 p.m.
Item numbered 4 (b)?
By the First Deputy Majority Whip on behalf of the Majority Leader --
Budget Performance Report in Respect of the National Insurance Commission for the Period 1st January to 31st December, 2019.
Referred to the Committee on Employment, Social Welfare and State Enterprises.
Mr Speaker 12:39 p.m.
Item numbered 4 (c), by the Minister for Health?
Mr Nyindam 12:39 p.m.
Mr Speaker, with your leave, could the Minister for
Works and Housing lay the Paper on behalf of the Minister?
Mr Speaker 12:39 p.m.
Hon Minister for Works and Housing?
Minister for Works and Housing (Mr Samuel Atta Akyea on behalf of the (Minister for Health) --
Budget Performance Report in Respect of the Ministry of Health for the Period January to December, 2019.
Referred to the Committee on Health.
Mr Speaker 12:39 p.m.
Item numbered 4 (d)?
Mr Nyindam 12:39 p.m.
Mr Speaker, could the Hon Minister for Works and Housing do same for the Minister for Communication?
Minister for Works and Housing (Mr Samuel Atta Akyea on behalf of the (Minister for Communi- cation) --
Budget Performance Report in Respect of the Ministry of Communications for the Period January to December, 2019.
Referred to the Committee on Communication.
Mr Speaker 12:39 p.m.
Item numbered 4 (e)?
By the Minister for Local Government and Rural Development --
(i) Annual Statement by the Audit Committee of the Ga West Municipal Assembly for the Year 2019.
(ii)Annual Statement by the Audit Committee of the Mpohor District Assembly for the Year 2018.
(iii) Annual Statement by the Audit Committee of the Mpohor District Assembly for the Year 2019.
Referred to the Committee on Local Government and Rural Development.
Mr Speaker 12:49 p.m.
Item numbered 4 (e)(iv)?
By the Minister for Local Govern- ment and Rural Development --
(iv) Annual Statement by the Audit Committee of the Adansi Asokwa District Assembly for the Period 1st
January to 31st December
2019.
(v) Annual Statement by the Audit Committee of the Bekwai Municipal Assembly for the Period 1st January to 31st December 2019.
(vi) Annual Statement by the Audit Committee of the Asokore Mampong Muni- cipal Assembly for the Period 1st January to 31st December
2019.
(vii) Annual Statement by the Audit Committee of the Ashanti Regional Coordi- nating Council for the Year
2018.
Referred to the Committee on Local Government and Rural Development
An Hon Member -- rose --
Mr Speaker 12:49 p.m.
Is there any issue? -- [Pause] -- The issue has been resolved. Sometimes, some of the problems dissolved with an effluxion of time.
Could we move to item numbered (f) on the Order Paper Addendum?
Hon Minister for Education?
Mr Nyindam 12:49 p.m.
Mr Speaker, with your leave, the Hon Deputy Minister for Education would lay the Paper, on behalf of the Hon Minister.
Mr Speaker 12:49 p.m.
Very well.
By the Deputy Minister for Education (Dr Yaw Osei Adutwum) on behalf of the (Minister for Education) --
PAPERS 12:49 p.m.
Mr Speaker 12:49 p.m.
Item numbered 32 on the Order Paper Addendum -- Motion.
Hon Minister for Education?
Mr Kyei-Mensah-Bonsu 12:49 p.m.
Mr Speaker, the information I have is that the Hon Minister wants to move the Motion and since he is not in the House, we could go back to the original Order Paper and start with item numbered 5.
MOTIONS 12:49 p.m.
Chairman of the Committee (Mr Ken Ohene Agyapong) 12:49 p.m.
Mr Speaker, I beg to move, that this House adopts the Report of the Committee on Local Government and Rural Development on the African Union Charter on the Values and Principles of Decentralisation, Local Governance and Local Development.
Mr Speaker, in so doing, I present your Committee's Report.
1.0 Introduction
The African Charter on the Values and Principles on Decentralisation, Local Governance and Local Development was presented to Parliament on 11th June 2020 by the Hon Deputy Minister for Local Government and Rural Development, Mr Osei Bonsu Amoah pursuant to article 75(2) of the 1992 Constitution of the Republic of Ghana. The Rt Hon Speaker referred the Charter to the Committee on Local Government and Rural Development for consideration and report.
Mr Dominic Napare (NDC -- Sene East) 12:49 p.m.
Mr Speaker, I thank you for the opportunity to second the Motion.
Mr Speaker, it is important for the country to adopt the Charter because most of the issues raised in it have already been implemented by the Ghana Government in terms of local governance and decentralisation. The Committee observed that articles 7, 14 and 16 of the Charter are on resources mobilisation and local economic development, transparency and accountability, ethical behaviour and efficiency and they are issues that have already been handled by the local government system in the country.
Mr Speaker, the Committee also observed that the principle of representation was already practiced in the country and for that matter, there was the need for the Government to ratify the Charter.
Mr Speaker 12:49 p.m.
Thank you very much Hon Member.
Leadership? -- [Pause] -- Should I put the Question then?
Hon Minister?
Minister for Local Government and Rural Development (Hajia Alima Mahama) 12:59 p.m.
Mr Speaker, the African Union (AU) has adopted the African Charter on Values, Principles and Decentralisation, Local Govern- ment and Local Development. It was signed by most member-states but ratified by just about eight of them. The Ministry was called upon to work on it for the ratification, it was sent to Cabinet for approval and it was brought to Parliament for the Committee to work on it.
Mr Speaker, the key value is to ensure that there is a common understanding and vision of what is decentralisation and local governance among member states at the AU level and to also establish a continental monitoring system so that nations would be called upon to live up to their promises and local provisions on decentralisation and to also foster sharing of knowledge among member states on the issues of decentralisation and local development.
Mr Speaker, as it has already been stated, Ghana is in the fore front of decentralisation and most of the values and principles elaborated are practiced in Ghana -- the issues of subsidiarity, equality, participation and representation. There is also a focus on result mobilisation and local economic development with a lot of taxes that have been ceded to the Assemblies to afford them the opportunities for effective results mobilisation.

The Ministry of Local Govern- ment and Rural Development is working with them by providing training in software to enhance revenue mobilisation programme of the district assemblies in addition to moneys transferred from DACF and those transferred from our

performance-based condition plans to various district assemblies.

Mr Speaker, we are also focused on issues of spatial differences. With the inauguration of the Land Use and Spatial Planning Authority at the regional and district levels there is the new focus in Ghana to developing our spatial plans in this regard.

Mr Speaker, all the issues elaborated here are in tandem with what the Government of Ghana is doing for effective implementation of decentralisation and local development in the country. I therefore support and pray that the House will approve the Committee's Report for us to move on and go through the necessary processes to ratify this document and to make it part of our own.

I thank you, Mr Speaker.
Mr Speaker 12:59 p.m.
I thank you very much, Hon Minister.
Yes, Hon Pelpuo?
Dr Abdul-Rashid Hassan Pelpuo (NDC -- Wa Central) 12:59 p.m.
Mr Speaker, I thank you and rise to support the Motion for the adoption of the Report and to say that the thematic areas identified by the Report
being decentralisation, local governance and local development are very key to the real implementation of local government policies in any government.
Mr Speaker, essentially, this is in line with the Charter 's own commitment to ensure that democracy and local governance thrive in Africa. The fact that the Charter is enjoining all African countries to democratise and to ensure that development starts from the top and goes down to the African people at the grassroots. It is essential.
Mr Speaker, also, it is a fact that this is also in consistence with two key documents of our development policy -- first of all, it is in line with the provisions of the Constitution and also in line with the Government's Consolidated Programme of Economic and Social Development Policies -- this shows that Ghana is already on track in implementing the essence of this Charter.
Mr Speaker, I would encourage the Ministry of Local Government and Rural Development not to see this one as just a ratified document but to see it as a blueprint in our effort to fully implement the Local Government Policy that cuts across all Africa and that which ensures that the Ghanaian people have access to the funding that
Mr Kwabena Okyere Darko- Mensah (NPP-Takoradi) 12:59 p.m.
Mr Speaker, I thank you and rise to support the Motion for the adoption of the Report being presented by the Committee on Local Government on the African Union Charter on the Values and Principles of Decentralisation, Local Governance and Local Development.
Mr Speaker, I believe that this is the right thing to do because if we take the Report, it is clearly stated that already Ghana is effecting these same values that we talk about; values on decentralisation, local governance and local development.
Mr Speaker, I believe that if we take the Report, paragraph 7.4 is one area that I believe that, as a country, we should be able to energise ourselves to effect it as well.
Mr Speaker, recently, we tried to go for a referendum to enable political
participation at the local level in the election of our district chief executives. It is only in this country that I see that the people have the power to elect their President, their Members of Parliament and Assemblymen but they do not have the power to elect their Metropolitan, Municipal and District Chief Executives.
I believe that this is something that we need to work on seriously because, as a unitary State, if we do not devolve and decentralise more and give power to the people to make their DCEs accountable, it would not go in a good direction. In fact, it is very important that, as the Charter states about our values for decentralisation, we should be able to give them the power to elect their MMDCEs so that when they work they can be accountable directly to the people and not to the Presidency because he lives with and works for the people at that level and he or she should be able to work with them to make success of their own stories.
Mr Speaker, one of the other factor has to do with resource mobilisation. We talk about the Common Fund, the District Development Funds and other funds that get into the Assembly. We have come to realise that over a long period of time, the Assemblies seemed to be pampered by the direct transfers of the moneys from the
sector to the local level. I believe it is time that we took our local economic development seriously so that there would be more energised companies at that level to contribute taxes, permits and other resources for the Assemblies to stand on their feet.
Mr Speaker, in fact, the Assemblies should also be innovative in so many ways. They should invest in companies that are viable and sustainable in their communities and invest in projects that can make them viable. Currently, we have a lot of this cashew projects in the lots of the assemblies in this country.
There are also lots of palm plantation projects going on in lots of the Assemblies and also coconut projects. I believe that these are viable projects which are sustainable that the Assemblies can invest moneys into them. They can use that to raise resources to support the work of the Assemblies so that members in the community would do well and the communities would have local development.
With these few words, I believe that we should all support the Motion for the Adoption of the Report and to ratify this Resolution.
Alhaji Muntaka 12:59 p.m.
Mr Speaker, Hon Kpodo, will speak for Leadership.
Mr Benjamin K. Kpodo (NDC -- Ho Central) 12:59 p.m.
Mr Speaker, I thank you and also support the Motion and do recommend to our Hon Colleagues to approve the ratification of this Charter.
Mr Speaker, the Charter spells out in great detail what we should be doing when we say that we have decentralised government to the local areas. The issue that came up at the Committee Meeting suggested that we have implemented most of the provisions in the Charter but, in practice, are we really doing this? It appears that we are still centralising things in Accra. We have not fully practised what we have been preaching even in the Local Governance Act.
Mr Speaker, according to the Charter, with your permission I would read a portion which suggests to us thus:
“Central Government shall make sufficient financial allocation to the local authorities to enable them to function at the local level.”
Mr Speaker, but we find ourselves transferring assignments to the Assemblies without the financial support to be able to implement the assignment that we have given to these
Mr Benjamin K. Kpodo (NDC -- Ho Central) 1:09 p.m.
Assemblies. I think that we should change gear and ensure that whatever assignment is given to the Assemblies we provide the necessary financial resources for them to be able to execute this.
Mr Speaker, even when we talk about local employment, payment is done from Accra. When we talk of the School Feeding Programme, it is still centralised in Accra. The Local Assemblies do not have much authority; the funds are held in Accra.

Mr Speaker, so, you find out that they are asked to do things in the Assemblies but we do not support them to do these assignments. We do not resource the ‘legislators' at the Assembly level to be able to function in their electoral areas. These are all hindrances to decentralisation which we claim to be practicing and I believe that unless we give specific attention to resourcing the Assemblies properly, we may not achieve results.

Mr Speaker, we are talking about the District Assemblies Common Fund (DACF) being disbursed to the Assemblies but even much of the DACF is centralised in Accra; the percentage that goes to the Assemblies is very small and we have

not attained up to 50 per cent disbursement of the DACF to the Assemblies. These are bottlenecks for implementing the decentralisation concept. So, even though we find the Charter to be very appropriate, we need to back it up with the necessary resources for the Assemblies to function.

We also found out that this Charter was adopted way back in the year 2014 but it is only now that it is being laid in this House and we understand that about six countries have ratified it. I do not know what we can do to make sure that many more countries ratify this so that we can use it as an operational tool for decentralisation.

Mr Speaker, with this, I once more recommend that we ratify the Charter that leads up to its practical implementation.
Mr Speaker 1:09 p.m.
Thank you very much.
Mr Kyei-Mensah-Bonsu 1:09 p.m.
Mr Speaker, thank you very much for the opportunity to make a few remarks about the Report of the Committee on Local Government and Rural Development on the African Charter on the Values and Principles of Decentralisation of local governance and rural development.
Mr Speaker, the Committee has predicated the consideration of the referral on article 35 (6) (d) of the Constitution which provides that;
‘The State shall make demo- cracy a reality by decentralising the administrative and financial machinery of government to the regions and districts and by forwarding all possible opportunities of the people to participate in decision making at every level in national life and in government'.
The Committee again, refers us to the imperatives of article 240 which provides that:
“Ghana shall have a system of local government and admini- stration which shall, as far as practicable, be centralised”.
Mr Speaker, the Committee makes an observation and they refer us to articles 7, 14 and 16 of the Charter on resource mobilisation and local economic development.
In article 240 (2) (c) of our Constitution, it provides that:
“There shall be established for each local government unit a sound financial base with
adequate and reliable sources of revenue;”
Mr Speaker, the operative words are; “sound financial base with adequate and reliable sources of revenue”.
Since this Fourth Republic, if we must admit to ourselves, what resources we have been providing to the metropolitan, municipal and district assemblies? Do they constitute sound financial base and are they adequate and reliable?
Mr Speaker, to all intents and purposes, what we have been doing really is in violent breach of article 240 (2) (c). The language of the Constitution is this:
“That there shall be established for each local government unit a sound financial base with adequate and reliable sources of revenue”.
Who has the charge to establish this structure?
In my view, it is Parliament and the Ministry of Local Government and Rural Development and we have not done that. So, I believe we should be pointing accusing fingers at ourselves and the Ministry -- we should combine efforts to ensure this
Mr Speaker, article 250 (2) provides and I quote with permission 1:19 p.m.
“The emoluments of a Presiding Member of a District Assembly and other members of the Assembly shall be determined by the District Assembly and paid out of the Assembly's own resources”.
Mr Speaker, this is a constitutional provision and of late, we are hearing of presidential aspirants saying that when they are voted for into Office, they will make provisions for us and pay us as well. Where will they get the money from?

That promise cannot be done by any President to the extent that article 250(2) has not been amended. Mr Speaker, so to the extent that it has not been amended, no presidential candidate can go about making promises because it should be amended first. A presidential candidate cannot jump the cart and say that when he is voted into power he would pay -- [Interruption] -- Mr Speaker, where would the person get the money from? As a nation, we

should be serious with ourselves. Mr Speaker, the President cannot change the Constitution --
rose
Mr Speaker 1:19 p.m.
Hon Minority Chief Whip?
Alhaji Muntaka 1:19 p.m.
Mr Speaker, the Hon Majority Leader is misleading this House because a number of times , we have seen the Hon Minister for Finance on this Floor and during the presentation of the Budget State- ments, he has made announcements about taxes. After that, he then comes to amend the relevant law to accommodate what he had said.
-- 1:19 p.m.
Mr Kyei-Mensah-Bonsu 1:19 p.m.
Mr Speaker, to the extent, that many parts of the Constitution could be amended then everybody should go about making promises. The first point of call is amending the Constitution and it is not the President who amends the Constitution. The Constitution is not a mere statute and one cannot go about making promises when the Constitution has not been amended. Otherwise, we would be going against the Constitution that we have sworn to uphold.
If a person says that when he is voted into power, he may cause an amendment to the Constitution to effect this, then that is different. But when the Constitution has not been amended and one goes about to make promises outside the Constitution, with respect, that is unconstitutional and it tells us about who we want to entrust the operation of the Constitution to.
Mr Speaker, with this, I would conclude my remarks. Thank you very much for the opportunity granted.
Question put and Motion agreed to.
Mr Speaker 1:19 p.m.
Item numbered 6 - Resolution. Hon Minister for Local Government and Rural Development?
RESOLUTIONS 1:19 p.m.
Minister for Local Government and Rural Development (Hajia Alima Mahama) (MP) 1:19 p.m.
Mr Speaker, I crave your indulgence to make a few statements before I move the Resolution.
An Hon Member said that we have reported that we have implemented all the principles and values, but that is not the case in Ghana. Mr Speaker, I just want to clearly state that decentralisation is a process and not a start-and-end event. So, if we say that we have implemented them it does not mean we have completed them because it is a process. We are in the process of implementing decentralisation and I dare say that we have significantly improved the pace of decentralisation in the country.
It was also stated on the Floor that less moneys are transferred to the district assemblies. However, I want to state that in 2016, 33 per cent of the allocated DACF was net-
transferred to the districts and by 2018, this was improved to 50 per cent. Mr Speaker, this is worth recognising because net-transfers to the district assemblies have been improved by 30 per cent.
Mr Speaker, on the payment of salaries and so on to district assemblies, the assembly members are like a Board and so they are part time workers of the district assemblies. A part time worker cannot be paid from the Consolidated Fund. We can look at the possibilities of transferring direct moneys from the DACF for development projects, but part time workers cannot be paid from the Consolidated Fund.
Mr Speaker, having said this, I beg to move, that
WHEREAS by the provisions of Article 75 of the Constitution any treaty, agreement, or convention executed by or under the Authority of the President in the name of Ghana is made subject to ratification either by an Act of Parliament or by a resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament.
IN ACCORDANCE with the said article 75 of the Constitution the President has caused to be laid before Parliament through the Minister responsible for Local Govern- ment and Rural Development, the African Union Charter on the Values and Principles of Decentralisation, Local Gover- nance and Local Development on 11th June 2020.
NOW THEREFORE, this honourable House hereby resolves to ratify the said African Union Charter on the Values and Principles of Decentralisation, Local Governance and Local Development.
Mr Benjamin K. Kpodo (NDC -- Ho Central) 1:19 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Kyei-Mensah-Bonsu 1:19 p.m.
Mr Speaker, if we can go back to the Addendum Order Paper and deal with item numbered 32.
Mr Speaker 1:19 p.m.
Hon Members, item numbered 32 -- Motion.
Hon Minister for Education?
Mr William Agyapong Quaittoo 1:19 p.m.
Mr Speaker, there are only two advertised items on the Oder Paper Addendum and both should be numbered as1 and 2 and not 4 and
32.
Mr Speaker 1:19 p.m.
Hon Member, you are taking us off tangent.
Dr Assibey-Yeboah 1:19 p.m.
Mr Speaker, no. The Hon Minister for Education moved the Motion numbered 32 on the Addendum Order Paper .However, there are only two items on the Addendum Order Paper that should be numbered as 1 and 2 accordingly. Mr Speaker, but the first item has been numbered as 4 and the second one as 32.
Mr Speaker 1:19 p.m.
Hon Members, for the avoidance of any doubt, we were dealing with Motion numbered 32 on page 2 of the Order Paper
Addendum. It has been duly moved and seconded.Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:29 p.m.
Mr Speaker, we can now return to the original Order Paper and deal with item listed 28.
Mr Speaker 1:29 p.m.
Hon Minister. Please proceed.
BILLS -- SECOND READING 1:29 p.m.
Minister for Works and Housing (Mr Samuel A. Akyea) (MP) 1:29 p.m.
Mr Speaker, I beg to move, that the Real Estate Authority Bill, 2020 be now read a second time.
Mr Speaker, in activating this process, I wish to state that the passing of the Real Estate Bill, 2020 would provide the legal regime for real agency practice, the conduct of real estate practitioners, commercial transactions in real estates including the sale, purchase and rental and leasing of real estate as well as other estate transactions.
Mr Speaker, it is a statement of fact that the real estate business has the following inadequacies among others: lack of appropriate internal control mechanisms; no guidelines to
help the business; zero training; no audit systems and unknown existing tax regime.
With respect, these are the factors which give oxygen to the criminal and nefarious activities in that strategic sector of the economy. There is therefore the need to regulate the real estate agency services to rid the industry of fraud, laundering of illegal income and tax evasion so as to minimise the effect of these vices on the national economy and the international image of our dear country.
Additionally, Ghana, as a signatory to international conventions on corruption, including the African Union Convention on Preventing and Combatting Corruption and the United Nations Convention against Corruption, needs to adhere to international standards for the prevention of money laundering.
In this regard, the International Action Group against Money- Laundering in West Africa, a specialised institution of the Economic Community of West African States which is responsible for the prevention and control of money laundering and terrorist financing in the West African region in a typology report published that Ghana's assessment for
compliance with the Financial Action Task Force 40+9 recommendations in 2009, identified the real estate transactions as an avenue to launder money.
Mr Speaker, the Bill, when passed into law, would bring the army of estate agencies into the tax bracket even as they discharge their tax obligations in accordance with article 41(j) of the Constitution under the Directive Principles of State Policy.
Mr Speaker, with your kind permission, I would like to quote article 41(j) of the Constitution.
“41. The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen --
(j) to declare his income honestly to the appropriate and lawful agencies and to satisfy all tax obligations;”
Mr Speaker, in this regard, I wish to invite this honourable House to deplore our energies for the passage of the Real Estates Bill, 2020 into law.
Mr Speaker, I thank you for your kind indulgence.
Chairman of the Committee (Mr Yaw Frimpong Addo) 1:29 p.m.
Mr Speaker, I beg to support the Motion. In doing so, I present the Committee's Report.
1.0 Introduction
The Real Estate Agency Bill, 2020 was presented to Parliament by the Minister of Works and Housing, and read for the first time on Tuesday, 19th May, 2020. The Rt. Hon. Speaker referred the Bill to the Committee on Works and Housing for consideration and report in accordance with article 106(4) and (5) of the 1992 Constitution and Order 180 of the Standing Orders of the Parliament of Ghana.
The Committee was assisted in its deliberations by the Hon. Minister for Works and Housing, Mr. Samuel Atta Akyea, Hon. Deputy Minister for Works and Housing, Mrs Barbara Asher Ayisi, and Officials from the Ministry and the Attorney-General's Department.
The Committee also received Memoranda from and further held discussions with the under-listed stakeholders:
Ghana Institution of Surveyors;
Ghana Real Estate Developers Association (GREDA);
Chamber of Construction Industry;
Ghana Real Estate Professionals Association (GREPA);
Ghana Association of Real Estate Brokers (GAR);
Millennium Properties Ltd.; and
Centre for Real Estate and Social Housing.
The Committee is grateful to the Hon. Minister, Deputy Ministers and Officials from the Ministry of Works and Housing and the Attorney- General's Department for the assistance. The Committee is also grateful to the stakeholders for the support and the memoranda submitted.
2.0 Reference
The Committee referred to the following additional documents during its deliberations:
The 1992 Constitution of Ghana.
The Standing Orders of the Parliament of Ghana.
The Real Estate Agency Bill, 2020; and
The Submissions and Memo- randa from Stakeholders.
3.0 Background
The real estate sector is of great importance to the economy of every country and particularly to the financial market because of the large monetary transaction involved. Ghana, like all other economies, has had the practice of real estate agency also referred to as estate agent in existence for a considerable length of time. The practice has grown considerably in recent years as the property market has become more active with the buying, selling, and leasing of property for investment.
The role of the real estate broker has traditionally been an intermediary between the purchaser and vendor of the property. One result of the increase in activities in the property market has been the influx of persons who have introduced fraud into the trade. Many real estate brokers do not have any formal training in real estate agency and many others have no identifiable office accommodation. Investors in properties who deal with real estate brokers and agents have
no guarantee against fraud and many have been swindled out of their investment funds.
Furthermore, a glance at the real estate business shows inadequate internal control mechanisms, policies, training, and audit systems among other things which makes the sector attractive to criminals. Real estate transactions by their nature involve huge sums of money and because of this, there is a need to ensure that real estate practitioners and parties to real estate transactions keep records or their transactions for tax purposes among others. The lack of record- keeping by most real estate practitioners and parties to real estate transactions results in failure to pay tax on the incomes earned from the transactions. This denies the Government the necessary income from this sector for developmental purposes.
Another downside to the current state of real estate agency practice is the promotion of unhealthy competition between legitimate and criminal businesses because investments in the real estate sector offers advantages for legitimate law- abiding individuals and businesses and criminals who abuse the system. The socio-economic impact is significant though not readily measurable.
APPENDIX 1:29 p.m.
Mr Emmanuel K. Bedzrah (NDC -- Ho West) 1:29 p.m.
Mr Speaker, I beg to support the Motion ably moved by the Hon Minister for Works and Housing.
Mr Speaker, this Bill was laid during the last Parliament. Unfortunately, it could not see the light of day. I am particularly happy that it has been brought back, and the Ministry is working on it.
The Real Estate Agency Bill, 2020, when passed into law, would support the process of transactions within the real estate realm. We know agents, as we call them, who go about and collect money from buyers and sellers during transactions, either in commercial or private transactions.
However, these people do not account for the transactions.
The Bill seeks to regulate any real estate agency transaction that is from a buyer to a seller which would be regulated and passed through a registry. So everybody would know that a transaction has been done on a particular property, either commercial or private.
Mr Speaker, the Bill also seeks to train and license real estate agents. We have anybody at all call himself a real estate agent who might have not been trained as per international norms. Now, this Bill seeks to license people such that before one can become a broker or real estate agent, he must be licensed by the Authority. The person would be given a certificate, and one cannot transact real estate business in Ghana if a person is not licenced.
Mr Speaker, it is not only in licensing. The Bill also seeks to train people. And so people are to take a course such as any professional does as in the case of lawyers and surveyors . The agent would be taken through tax law, economics, land law and all other courses that would make one a professional of real estate broker so that when you have a deal to do, you would know exactly what you are doing. In the past, we have been hearing stories on real estate
Mr Emmanuel K. Bedzrah (NDC -- Ho West) 1:39 p.m.
agents who take money from clients and run away. Now, as we pass this Bill into law, it would be a thing of the past.
One of the things that this Bill seeks to do is also to regulate. If you look at the real estate process, you would notice that money laundering passes through that process.

This Bill seeks to stipulate that any real estate transaction would have a registry that would register the transactions so that money laundering would be a thing of the past. It also seeks to regulate the acts of exchanging money from one person to another. It has to go through the financial system. So that would also be taken care of. Mr Speaker, I urge all my Hon Colleagues to support this Bill so that we can pass it before we rise. Thank you, Mr Speaker.
Mr Kwame Governs Agbodza (NDC -- Adaklu) 1:39 p.m.
Mr Speaker, I thank you for the opportunity to contribute to the Motion for the adoption of the Report of the Committee on Works and Housing on the Real Estate Authority Bill, 2020. Mr Speaker, I had an opportunity to work with the Committee in the last Parliament; unfortunately, we were not able to pass it into law. I fear the late
hour introduction of this Bill again - I can see the Hon Majority Leader smiling. I fear the potential of this suffering the same fate.
Mr Speaker, this Bill is extremely important as said by the Hon Minister and my Hon Colleague. Today, anybody looking for accommodation to rent is at the mercy of a practitioner calling him or herself an estate agent. We do not have any law backing what they actually do. This Bill is intended to put a legal regime together to have certain category of people who can be called real estate practitioners. I encourage Hon Colleagues to pay attention to the Bill when we come to the Consideration stage.
Mr Speaker, there may be controversies as to the definition of who a practitioner is. In my view, it has become a battle between lawyers and a few surveyors who think this should be a preserve for themselves. I still believe in the jurisdictions that this works better, because for the various documentations what one requires to do this transaction can be bought off the shelf therefore lawyers have already prepared this so if a person wants to rent a house and he is in the UK, he can go to Westminster Homecare (WHC) and buy a house if he wants between himself and the vendor.
Mr Speaker, the other thing to talk about is the fact that this would make it more transparent. If one has a landed property that he wants to let out, both the owner and the person renting would have the backing of the law. So nobody pays money to a landlord and decides that maybe nothing happens and if he wants to leave and he says that the deposit paid as rent cannot be refunded. Many people think that when they pay deposit, it is a gift to the landlord but it is to guard or protect the landlord against damages in case the life of the tenancy do not expire and then he wants to leave. Sadly sometimes, those who rent are unable to access this money when they want to leave.
Mr Speaker, this could potentially create different sustainable jobs in our communities. The only thing we need to get into as we are making this law is to ensure that this law is not an Accra and Kumasi law , in the sense that we create an entity where only people in Accra and Kumasi or the big cities are thought of. I am sure there might be somebody in Adaklu who would like to rent a chamber and hall.
This law should be able to reflect on the wider population instead of the almost formalised communities in our country. Mr Speaker, with these few
words, I commend the Hon Minister for introducing this Bill and I would encourage the Leader of Government Business, the Hon Majority Leader, to do his best to support the House to pass this Bill into law before we rise. Thank you, Mr Speaker.
Mr Haruna Iddrisu (NDC -- Tamale South) 1:39 p.m.
Mr Speaker, thank you for the opportunity to contribute to the Motion that the Real Estate Authority Bill, 2020 be read a second time and passed into law.
Mr Speaker, my first observation, while I commend the Hon Minister for this initiative, is that this would contribute to our quest as a country to combat corruption and the use of real estate institutions and persons associated with real estate who engage in the unacceptable and unlawful practice of money laundering in the name of real estate. Mr Speaker, may I draw your attention to page 2 of the Committee's Report and just to make some observations?
“Further, it is clear that the real estate business shows inadequate internal control mechanisms, policies, training and audit systems , among other things , which make the sector attractive to criminals...”
Mr Osei Kyei-Mensah-Bonsu (NPP -- Suame) 1:49 p.m.
Mr Speaker, just to make a few comments. First, this Bill is about Real Estate Agency and how to regulate the activities of practitioners.
Mr Speaker, the upsurge of practitioners in the industry is attributable to the fact that, there is a huge deficit of housing that is at the heart of this. If there is an abundance of housing stock, certainly, the number of people who operate in the industry will dwindle. At the heart of it is the recognition, that there is a huge deficit in housing. The Hon Minister knows that on yearly basis,
the deficit increases by a figure of not less than 80,000 houses.
Mr Speaker, over the past 20 years, we have added to the stock of deficit and today, various figures are quoted. Sometimes, they quote 1.2 million, 1.5 million and other times, it is two million. I do not know which the real figure is, but the fact is that there is a huge deficit in the housing stock. That is why all manner of people feel encouraged to enter into the industry.
Mr Speaker, the second is the fact that, even the residential facilities that are delivered to the market every year, about 98 per cent are owner- occupier structures; and not rental accommodation.
Mr Speaker, the average worker who is looking for accommodation in this country, to wit, he is looking for rental accommodation and not owner- occupier structures. So we get it wrong, out of the stock of houses that we deliver to the market every year -- the 40,000 houses or the 50,000 houses that we are able to deliver to the market every year -- 98 per cent are owner-occupier structures. So we are increasing the stock of deficit hugely every year.
Mr Speaker, what is the third matter that we should consider? The
Mr Osei Kyei-Mensah-Bonsu (NPP -- Suame) 1:49 p.m.


delivery of houses in industrialised economies is at the instance of local governant structures. Here in Ghana, I do not know what we are doing? We just went through the Motion that dealt with the Ratification of the African Charter on Improvement in our Local Governance. At the heart of local governance, is ensuring, as our Constitution stipulates in article 36(2)(d) which I beg to quote :

“The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include undertaking even and balanced development of regions and every part of each region of Ghana, and, in particular, improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between rural and the urban areas.”

Mr Speaker, the few houses that we are able to deliver, are at the district and regional capitals. The rural environment is left to deteriorate further. In the meantime, the beefing schemes that operated to save the housing stock in the rural areas are no longer in operation. The wall protection schemes that used to exist, are no longer functional. So on yearly

basis, if we visit the rural settlements, we would see the havoc erosion is causing to the stock of housing there.

Mr Speaker, the Hon Minister in addressing those matters, should factor this. Land ownership is also another major problem. About a week ago, we were able to craft the Land Bill. I would want to believe that it would assist the Hon Minister in dealing with the ownership of lands once and for all in this country, to enable those who want to build residential facilities do so.

Mr Speaker, with this, I add my voice to the subject matter before us and urge the House to conclude the consideration of this Bill as early as possible. Mr Speaker, thank you very much.

Question put and Motion agreed to.

The Real Estate Authority Bill, 2020 was accordingly read a Second time.
Mr Speaker 1:49 p.m.
Hon Members, the Hon Second Deputy Speaker will take the Chair at this stage. [Pause]. Hon Leader, the next item please?
Mr Kyei-Mensah-Bonsu 1:49 p.m.
Mr Speaker, we can deal with item numbered 13.
Mr Speaker 1:49 p.m.
Hon Members, item listed 13.
Dr Assibey-Yeboah 1:49 p.m.
Mr Speaker, item numbered 13 is a procedural Motion.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 1:49 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 Finance Committee on the Credendo Covered Buyer's Credit Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Belfius Bank NV and KBC Bank NV (as Arrangers [and Belfius Bank as Agent]) for an amount of seventy-two million, one hundred and fifty thousand euros (€72,150,000.00) to finance the construction of the Paa Grant Interchange and other roads in Sekondi and Takoradi Township (Phase 1) may be moved today.
Mr Kwame Governs Agbodza 1:49 p.m.
Mr Speaker, I beg to second the Motion.
MR SECOND DEPUTY SPEAKER
Mr Second Deputy Speaker 1:58 p.m.
Hon Members, are we moving to item numbered 14?
Yes, Hon Chairman of the Committee?
MOTIONS 1:58 p.m.
Dr Assibey-Yeboah 1:58 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Credendo Covered Buyer's Credit Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Belfius
Mr Second Deputy Speaker 1:58 p.m.
Hon Members, in view of the nature of Business before the House, I direct that Sitting be extended beyond the normal Sitting time.
Yes, Hon Chairman you may continue?
Dr Assibey-Yeboah 1:59 a.m.
Mr Speaker, in so doing, I present your Committee's Report:
1. Introduction
On Monday, 3rd August, 2020 a Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and VIABUILD Africa for an amount of sixty-five million euros (€65,000,000.00) for the design and construction of the Paa
Grant Interchange and other roads in Sekondi and Takoradi Township (Phase 1) was presented to Parliament by the Majority Leader and Minister for Parliamentary Affairs, Mr Osei Kyei-Mensah-Bonsu on behalf of the Minister of Roads and Highways.
The Rt. Hon. Speaker referred the Agreement to the Committee on Roads and Transport for consideration and report in accordance with article 181 of the 1992 Constitution and Order 189 of the Standing Orders of Parliament.
The Committee is grateful to the Hon Deputy Ministers for Roads and Highways, Mr Anthony N-Yoh Puowele Karbo, the lead presenter and Mr Kwabena Owusu-Aduomi and Officials from the Sector Ministry for attending upon the Committee.
2. Reference documents
i. The 1992 Constitution of Ghana;
ii. The Standing Orders of Parliament; and
iii. The Commercial Contract of €65 million between the Government of the Republic of Ghana represented by the Ministry of Roads and Highways and VIABUILD for the construction of the Paa Grant Interchange and other
roads in Sekondi and Takoradi Township (Phase
1).
3. Background
The Ministry of Roads and Highways, acting on behalf of the Government of the Republic recognises Takoradi as the second- largest harbour city that has seen substantial growth in its economy and society with the discovery of oil and increased mining activity in the region. As a result, there is the need to improve access to the harbour by developing selected arterial roads and intersections within Sekondi-Takoradi to expand the capacity of the networks within the twin city.
The Paa Grant Roundabout is one of the three roundabouts that links the peripheral roads which form a triangular ring road and adjoining roads with the Central Business District, this attracts significant traffic into the area and has limited traffic capacity resulting in poor network performance which impacts commercial activities negatively.
The Roundabout is located to the east of the triangular network and is a key access point for inter-city traffic between Sekondi and Takoradi as well as port traffic to the port gates 1 and 2. It has five approaches currently operating at Level of Service (LOS)
E, which proves that the intersection is in urgent need of improvement to reduce travel time and enhance socio- economic development.
The intervention includes road widening, pavement strengthening, interchange and junction improve- ment, footbridge and railway overpasses, street lighting facilities and pedestrian facilities. These interven- tions will also help to improve the quality of life of the citizenry and enhance economic growth.
4. Objectives of the project
The main objective of this project is to reduce travel time, ensure the safety of pedestrians and non- motorised movement. The reduction of congestion being faced by motorists daily will enhance socio-economic development as well as the quality of life of the people within the Sekondi- Takoradi Metropolis as well as the nation at large.
5. Scope of works
The scope of works under this facility include:
Phase 1 the Rehabilitation of 35kms of mainly selected roads in Sekondi and Takoradi (list of roads attached).
Mr Second Deputy Speaker 1:59 a.m.
Hon Member, just a minute; we need some clarification on this because what we have here talks about the Construction of “the Paa Grant Interchange and other Roads” but you are saying we are not going to construct any interchange.
Dr Assibey-Yeboah 1:59 a.m.
Mr Speaker, the Hon Deputy Minister for Roads and Highways, Hon Owusu-Aduomi is here; he knows these things better.
Mr Second Deputy Speaker 1:59 a.m.
I have raised the issue because the Hon Member is seconding the Motion and
I want to get this clarification before he goes on. Yes, Hon Deputy Minister?
Mr Owusu-Aduomi 1:59 a.m.
Mr Speaker, the Hon Chairman explained it very well that the project is in two phases: the first phase is the roads in Sekondi and Takoradi; and the second phase would be the construction of the Paa Grant Interchange. He explained that the PTC Interchange would also be constructed probably at the time that we wanted to do the Paa Grant Interchange, and that was going to cause a lot of traffic congestion within the twin-cities of Secondi and Takoradi.
Therefore, we are constructing the roads components of this particular facility first as phase 1.By that time, the PTC Interchange would also be in construction. And it is hoped that as soon we finish with these roads, the PTC Interchange should be nearing completion. The phase 1 of this Facility is the township roads that we would be constructing, and I believe there should be no confusion about it. I thank you Mr Speaker.
Mr Second Deputy Speaker 1:59 a.m.
What we have, and clearly, when we look at, not just the Report of the Committee, the conclusion of what the Report talks about:
Dr Assibey-Yeboah 1:59 a.m.
Mr Speaker, first, we are looking at the Financing Agreement, not the Commercial Agreement and that is for €72.15 million so; the Report in your hands would be a different one.
Mr Second Deputy Speaker 1:59 a.m.
Is the Report in my hands a wrong one?
Dr Assibey-Yeboah 1:59 a.m.
Yes, Mr Speaker. We are looking at the item listed as 14 on the Order Paper which is Financing Agreement.
Mr Second Deputy Speaker 1:59 a.m.
Well, I do not have that Report.
Mr Agbodza 1:59 a.m.
Mr Speaker, the substantive point I made, and I thought the Hon Chairman and my senior Hon Colleague, the Hon Deputy Minister did explain, and they basically confirmed what I am saying.
I am saying that under this phase, though the caption is “to finance the construction of the Paa Grant Interchange and other roads in Sekondi and Takoradi”, whether phase 1 or phase 2, I am not aware that in this House, we would pass an agreement for an anticipated project. We are not building any interchange under this phase.
So , if it is a mistake, let us correct it, and when the interchange comes, we would bring it. But we are building roads under this phase and we are saying that we are building interchange. If the Committee on Roads and Highways comes and we did not see construction of an interchange under this phase, we would not. That is the first thing; I can confirm that we are not building any interchange under this phase. Secondly, we —
Mr Second Deputy Speaker 1:59 a.m.
Hon Member, just a minute; we need to clarify this because a Motion has been moved which you are seconding but you are disagreeing with the main terms. So, I do not know, you seconding the Motion that has been
moved but contradicting the terms of the Motion that has been moved? That is why I am looking for this clarification.
Mr Agbodza 1:59 a.m.
Mr Speaker, this is not the first time, we have had situations where we just need to correct the captions. I am very much aware that- the scope of work on this project is low and it is accepted. And I support the Motion for that matter. I am just saying that —
Mr Second Deputy Speaker 1:59 a.m.
When you have corrected it, I had to go back to the Chairman, listen to him whether he would accept your proposed correction because the Hon Chairman represents the Committee here. And that is why I always stop you and go back to the Chairman. Yes, Chairman?
Dr Assibey-Yeboah 2:09 a.m.
Mr Speaker, he would have been right if this were the entire project. This is phase 1 of the project and it has been rightly stated here but we are constructing the Paa Grant Interchange and other roads in the Sekondi Takoradi township, phase 1.
As a matter of fact, including phase 1 would be some works on the
harbour Road, Paa Grant Roundabout and at the back of this Report are the details. Even at the interchange, we are doing some work under phase 1.
In this House, we approved the loan agreement for the Tema - Aflao Road phase 1, but it only covered Tema to Dawhenya. It did not go all the way to Aflao but it was captioned “Tema - Aflao Road phase 1”. This is to draw the attention of the House to the fact that we would come back and work on phases 2 and 3 of that project. So, this is well situated because phase 2 would tackle the interchange proper. We are ready to work on the interchange, save the other interchange project which cannot happen concurrently.
Mr Agbodza 2:09 a.m.
Mr Speaker, I am happy the Hon Chairman reminded me of the fact that we said that we were building the Accra - Aflao Road which is about 170 kilometres but we did only 17 kilometres up to the Central University, yet we still call it the Accra - Aflao. So, he is reminding me that under this Government, it is normal to mention things that are in the future.
If he says that he is not going to change the caption, that is not a problem at all, but I am just saying so because this is a House of record.
Mr Agbodza 2:09 a.m.


Under this project, when the Committee goes for an inspection under this phase, we shall not see an interchange. But that is not a significant thing and I am not asking him to --

Mr Speaker, when you go to page 4 of the Committee's Report, there is a breakdown of costs there. General items would cost €7,918,668.00 --
rose
Mr Second Deputy Speaker 2:09 a.m.
Hon Minister, he is seconding the Motion, so why are you on your feet?
Mr R. Acheampong 2:09 a.m.
Mr Speaker, the issue has not been properly resolved because -
Mr Second Deputy Speaker 2:09 a.m.
So, are you rising to resolve the issue?
Mr R. Acheampong 2:09 a.m.
Mr Speaker, the issue he raised, if you turn to page 9 of the Committee's Report --
Mr Second Deputy Speaker 2:09 a.m.
Hon Member, let him second the Motion first and if you have any other issue to raise, you can do so. My understanding is that there is a project which involves the construction of the Paa Grant Interchange and other
roads in Sekondi and Takoradi townships. That is the whole project.
The money we are approving would not be used to construct the Paa Grant Interchange but the other roads and the PPC Interchange. The phase 2 would now cover the Paa Grant Interchange. So, the money for phase 2 is not in phase 1 and that is what the project is about. However, in spite of the project title, we are breaking it into phases 1 and 2. That is the project title and that is why it is captured that way. That is my understanding.
Mr Agbodza 2:09 a.m.
Mr Speaker, indeed, phase 2 is not in the House yet and we can only speak to phase 1 which does not have an interchange. On page 4, the first component of this project is general goods which would cost €7,918,668.00 and roads, €43,587,500.00. So, as the Hon Chairman said, significantly, we are doing the road works under this phase which is a good thing.
There would be a relocation of utilities, the total project would cost €63,499,168.00 and an additional amount for contingencies among others.
Mr Speaker, I believe when this project is completed in addition to some other ongoing projects and the
future project as the Hon Chairman and the Hon Deputy Minister said, would improve traffic in Takoradi and its environs. I believe this is a very good project.
Any time we see Government procure facilities to improve on roads to build bridges and others, it should be to the advantage of the citizens and it improves our quality of life and makes us better people.
Mr Speaker, with these few words, I rise to second the Motion and also recommend to my Hon Colleagues to approve this so that the people of Takoradi whose Minister is here can go home and talk about how improvement would come in the future. When the phase 2 eventually comes to the House, we would talk about that one. However, under this phase, nobody should think of an interchange because it would not exist under this phase.
Question proposed.
Mr Second Deputy Speaker 2:09 a.m.
Which of the Hon Ministers should I take first? The one from the Region? Yes, Hon Minister?
Mr Kwabena O. Darko- Mensah (NPP -- Takoradi) 2:09 a.m.
Mr Speaker, I rise to fully support the
recommendations of the Committee to approve this loan facility.
If you take the conclusion of the Committee, it says, that the Committee has thoroughly considered the agreement and finds the project to be immensely important towards improving vehicular movement in Sekondi and Takoradi and contributing to the enhancement of road networks of the country as a whole.
Mr Speaker, clearly, you cannot solve a problem by creating another problem and I believe that it is very important that this phase 1 is done before phase 2 which would come up with the interchange. For those who do not know Takoradi well, the PTC Interchange and Paa Grant Interchange are near the Catholic Church. That is where we have this particular round about which would be converted into an interchange.
The PTC and the other one are connected, therefore we cannot construct two interchanges at the same time because the value we want to give to the people of Takoradi is to improve the road network and improve movement. Therefore, I believe that it is correct that we work on phase 1 and later work on phase 2 of this project including the interchange.
Mr Second Deputy Speaker 2:19 p.m.
Hon Majority Leader, I believe we could take item numbered 15?
Mr Kyei-Mensah-Bonsu 2:19 p.m.
Mr Speaker, that is so.
Mr Second Deputy Speaker 2:19 p.m.
Item numbered 15 on the Order Paper. Hon Minister for Finance, you may move the Motion.
Mr Kyei-Mensah-Bonsu 2:19 p.m.
Mr Speaker, the Hon Minister for Monitoring and Evaluation, would stand in for the Hon Minister for Finance.
Mr Second Deputy Speaker; Available Hon Minority Leader, do you have any objection to what the Hon Majority Leader said?
Mr Kyei-Mensah-Bonsu 2:19 p.m.
Mr Speaker, the Hon Deputy Minister for Finance has just walked into the Chamber.
RESOLUTIONS 2:19 p.m.
THIS HONOURABLE HOUSE 2:19 p.m.
HEREBY RESOLVES AS 2:19 p.m.
Mr Second Deputy Speaker 2:19 p.m.
Item numbered 16 on the Order Paper.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:19 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which require 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 Finance Committee on the Term Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and BMCE Bank International Plc (as Arranger) and Global Loan Agency Services Limited (as Agent) for an amount of sixty-five million euros (€65,000,000.00) to finance the design and construction of three bridges over Sweet River at Iture, River Ankobra at Ankobra and the Black Volta River at Dikpe may be moved today.
Mr Kwame Governs Agbodza 2:19 p.m.
Mr Speaker, I second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Second Deputy Speaker 2:19 p.m.
Item numbered 17 on the Order Paper.
MOTIONS 2:19 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:19 p.m.
Mr Speaker, I beg to move that this honourable House adopts the Report of the Finance Committee on the Term Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and BMCE Bank International Plc (as Arranger) and Global Loan Agency Services Limited (as Agent) for an amount of sixty-five million euros (€65,000,000.00) to finance the design and construction of three bridges over Sweet River at Iture, River Ankobra at Ankobra and the Black Volta River at Dikpe.
Mr Speaker, in doing so, I present your Committee's Report.
1. Introduction
On Monday, 3rd August, 2020 the Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways {Ghana Highway Authority}) and Griner Engineering GH Limited for an amount of fifty-eight million, one thousand, one hundred and thirty- eight euros and eighty cents (€58,001,138.80) for the design and construction of three bridges over Sweet River at Iture, River Ankobra at Ankobra and the Black Volta River at Dikpe was presented to Parliament by the Hon Majority Leader and Minister for Parliamentary Affairs, Mr Osei Kyei-Mensah- Bonsu.
Mr Speaker referred the Contract Agreement to the Committee on Roads and Transport for considera- tion and report in accordance with article 181 of the 1992 Constitution and Order 189 of the Standing Orders of Parliament.
The Committee met the two Deputy Ministers of the Ministry of Roads and Highways, Hon. Anthony N-Yoh Puowele Karbo and Hon. Kwabena Owusu-Aduomi and Officials from the Sector Ministry. The
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:19 p.m.


6. Observations

State of Current Project Bridge

6.1.1 Iture Bridge

The Committee took cognisance that the Iture bridge which is located between Cape Coast and Elmina is in a deplorable state. The proximity of the bridge to the sea exposes the bridge elements to severe weather conditions as the constant splashing of sea water onto the bridge elements causes the aggregate of the concrete to undergo chemical reaction. This leads to damage to both the concrete and steel members.

The Committee was further told that the Iture bridge has severe deterioration of the substructure which has resulted in the loss of its load carrying capacity. Currently, a support system consisting of steel props has been added on as a temporal solution to allow for the passage of normal traffic on the bridge.

The Committee noted that some of the defects on the bridge include exposed and corroded reinforce- ments, cracks at the soffit of the beams with corroded reinforcements vertical and diagonal cracks in the abutments, deep cracks on the piers and pier cap width of 40mms, as well

as the palled concrete on the side of the pier cap.

6.1.2 Ankobra Bridge

The Committee was informed by the Deputy Minister that with the Ankobra bridge, there has been severe deterioration of the substructure resulting in the loss of its load bearing capacity. The Deputy Minister opined that the synthetic corrosion protective cord that surrounds the pile columns have all been damaged and that the exposed steel casings of the piles have also severely corroded leaving in its wake pockets of cracks and air pockets on the reinforced concrete beams.

It is significant to note that the synthetic corrosion linings have also reached their life services/span and therefore unable to provide the protection required thereof against atmospheric corrosion to the pile.

The Committee is of the conviction that the extent and severity of the damage to the bridge necessitates an immediate replacement.

6.1.3 Dikpe Bridge

The Committee observed that presently there is no bridge over the location earmarked for the construction of the 275 metres span

bridge over the Black Volta River at Dikpe on the Lawra-Dikpe road.

The mode of travel available over the river is a canoe service which does not meet the transportation demands of the people within that geographical confine, exposing users to the dangers that come with such travel.

The Committee noted that the bridge when constructed would open up communities in the area and enhance regional integration, reduce travel-time and make movement of people from place to place less perilous, increase accessibility to schools, hospitals and other socio- cultural facilities as well as contributing to agricultural growth and the overall economic development.

6.2 Project Description

The contract agreement before the Committee involves the design and construction of three bridges over rivers Sweet, river Ankobra and the Black Volta located at Iture, Ankobra and Dikpe respectively and associated roads to the approaches of the locations of the three bridges and also on the Lawra Town roads and a by-pass.

Project Cost

The contract sum for the design and construction of the three bridges and its associated road works under review is €58,001,158.80.

Design and Build Contract

The Committee noted that the project for the construction of the three bridges at Iture, Ankobra and Dikpe and the construction of approach roads at the locations and in Lawra is a Design and Build contract and that the contractor Griner GH takes full responsibility for performance and the quality of work.

Project Benefits

The Committee was apprised on the benefits to be derived from the implementation of the projects and these include:

Facilitating transport services with the construction of the bridges over crossing points and rendering goods and passenger services easy.

Facilitating all year-round access to schools, hospitals and markets.

Long detours will be reduced and same as in transport cost and travel time.
Mr Kwame Governs Agbodza (NDC -- Adaklu) 2:19 p.m.
Mr Speaker, I beg to second the Motion and also make a few comments.
Mr Speaker, it has been indicated in the Report that the terms and conditions of this loan is a seven-year tenure and a grace period of two years. It was also indicated that this facility is a 100 per cent commercial loan cover from the BMTA Bank - normally, the Government of Ghana would have to make a commitment to pay part but it appears we are broke so much that we have to borrow the entire money. If the Government has to contribute, we might not be able to find the counterpart money for the project. So the Government decided to borrow 100 per cent to do it.
Mr Speaker, indeed, there is no doubt about the importance of these bridges. We are told how hazardous it is to cross over some of the points currently, so the quicker we could install these bridges, the better for us.
The Hon Chairman of the Committee, talked about the use of canoes and other things, which is the situation currently. However, once the bridges are completed they would be to the long term benefits of the people in the area and perhaps, a short term benefit to the Hon Deputy Minister of Roads and Highways, Mr Karbo
himself as he wears a very broad smile on his face.
Mr Speaker, it is a good facility but the fact that we would borrow 100 per cent at commercial rate, would make it expensive though but knowing what it would address in terms of infrastructure, it is worth to consider and I recommend Hon Colleagues to support the Motion for the approval of this facility.
Mr Speaker, I thank you for the opportunity.
Mr Anthony N-Yoh Puowele A. Karbo (NPP -- Lawra) 2:29 p.m.
Mr Speaker, I rise to contribute to the Motion.
Mr Speaker, the Ministry of Roads and Highways has under the leadership of the Hon Minister, adopted a strategy to repair most of the water - across this country. From the National Bridge Inventory, we have close to about 350 bridges across this country and about 76 per cent of it are in fair to poor conditions. This just highlights the importance of the fact that these bridges that have been constructed from precolonial days have lived their usefulness and need some urgent attention.
Mr Speaker, it has been the problem of the Hon Minister to ensure that these bridges accross the country are dealt with under a facility and from the current facility before this House for approval, these bridges would have a life span of over 100 years and would surely have impact on economic activities.

Mr Speaker, I am sure you are very much familiar with the Dikpe Bridge which has been an old bridge in the Upper West Region. The only bridge that connects the people of Upper West to our neighbouring counter- parts in Burkina Faso and the importance of trade between this Region of the country and our brothers in Burkina Faso cannot be under- estimated. The vehicular movement and the movement of goods and services and, of course, the fact that we would be bridging the gap between --
Mr Second Deputy Speaker 2:29 p.m.
Hon Member, why are you on your feet?
Mr Agbodza 2:29 p.m.
Mr Speaker, I know that is the Constituency of the Hon Deputy Minister for Roads and Highways and so when he begins to say his brothers and sisters in Burkina Faso around this time of registration of voters, I am a bit worried.
Mr Karbo 2:29 p.m.
Mr Speaker, we have resisted any attempts by our brothers on the other side to cross over and I hope that he is doing same on his side to ensure that our brothers --
Mr Second Deputy Speaker 2:29 p.m.
Hon Member, what you just said is not supported by the facts on the Floor but just move on.
Mr Karbo 2:29 p.m.
Mr Speaker, I thank you very much and, like I said, you appreciate the importance of the Dikpe Bridge. Indeed, this facility will pass as the second largest investment in the Upper West Region by this Government and followed by your intervention of the solar project that is currently going on in Kaleo and another also going on in the Lawra Municipality.
Mr Speaker, it is our hope that this House will pass this and the importance of the commercial trade between our brothers and sisters on the Burkina Faso side; movement of goods and services; and human movement would also be improved as a result of this facility.
Mr Speaker, I also would want to add that this particular construction of the Bridge would also have a major rest stop so that all the vehicles that move from our harbour and get into the Sahelian part of the continent through the Upper West Region would have a rest stop. There would also be facilities to ensure that tolls are collected and the immigration and police ensure that safety on that corridor is improved.
Mr Speaker, the Bridge at Iture is a very important bridge that links the Central Region to the Western Region and has lived its usefulness. We all appreciate the importance of the interaction in terms of goods and services between the Western Region and the Central Region. We know that the Western Region has a lot of logging, mineral and oil mining that goes on and there are huge tracks that ply that road. This Bridge has been exposed to the vagaries of the weather and, so, it is being weakened and, so, there is the need for this particular facility to be passed so that this construction can go on.
Mr Speaker, having said that, I would like to put my weight behind the work of the Committee on Finance and also add my voice to the fact that this House should pass this facility for the work to begin as soon as possible.
Question put and Motion agreed to.
Mr Second Deputy Speaker 2:29 p.m.
Hon Members, we would move on to the Motion on the Resolution, item numbered 18; the Hon Minister for Finance?
RESOLUTIONS 2:29 p.m.
THIS HONOURABLE HOUSE 2:29 p.m.
HEREBY RESOLVES AS 2:29 p.m.
Mr Kwame G. Agbodza 2:29 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Second Deputy Speaker 2:29 p.m.
Available Majority Leader, should we move on to item numbered 19?
Dr Anthony Akoto Osei 2:29 p.m.
Mr Speaker, yes.
Mr Second Deputy Speaker 2:29 p.m.
Hon Members, item numbered 19 at page 11 of the Order Paper by the Chairman of the Committee.
Dr Assibey-Yeboah 2:29 p.m.
Mr Speaker, the Report we have is a 3-in-1. There are two facilities and a tax waiver. So, the procedural Motions numbered 19, 22 and 25 would be moved together and the substantive Motions would be items numbered 20, 23 and 26, while
the Resolutions would be items numbered 21, 24 and 27.
Mr Second Deputy Speaker 2:29 p.m.
Yes, you can go on.
MOTIONS 2:29 p.m.
Dr Assibey-Yeboah 2:29 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 Finance Committee on the Export Finance Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Coöperatieve Rabobank U.A. for an amount of twenty-seven million, six hundred and fifty-one thousand, one hundred fifty- two euros sixty-one cents (€27,651,152.61 [including Insurance of €3,410,852.61 by Atradius Dutch State Business N.V.]) to finance the construction of pedestrian bridges at hazardous locations in Ghana may be moved today; and
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 Finance Committee on the Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Coöperatieve Rabo-bank U.A. for an amount of four million, two hundred and seventy-seven thousand, seven hundred euros (€4,277, 700.00) to finance the construction of pedestrian bridges at hazardous locations in Ghana may be moved today; and
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 Finance Committee on the Request for waiver of Import Duties, Import VAT, NHIL, GETFund Levy, EXIM Levy, Special Import Levy and Domestic VAT amounting to the Ghana Cedi equivalent of seven million, seventy- two thousand, three hundred and twenty-six euros thirty-eight cents (€7,072,326.38) on materials, equipment, works and services to be
procured for the construction of pedestrian bridges at hazardous locations in Ghana may be moved today.
Mr Benjamin K. Kpodo 2:29 p.m.
Mr Speaker, I beg to second all those three Motions.
Question put and Motion agreed to.
Resolved accordingly.
Mr Second Deputy Speaker 2:29 p.m.
Yes, can we move now to the substantive Motions?
Adoption of Reports of the Committee on Finance on: Paa Grant Interchange and other roads in Sekondi/Takoradi;
Bridges over Sweet River, River Ankobra, and the Black Volta;
and the Construction of Pedestrian Bridges at hazardous
Locations.
Dr Assibey-Yeboah 2:29 p.m.
Mr Speaker, I beg to move that this honourable House adopts the Report of the Finance Committee on the Export Finance Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Coöperatieve Rabobank U.A. for an amount of twenty-seven million, six hundred and fifty-one thousand, one hundred fifty-
Dr Assibey-Yeboah 2:29 p.m.


Respectfully submitted.
Mr Kpodo 2:39 p.m.
Mr Speaker, I beg to second the Motion.
The Motion is a three-in-one presentation. The first one is for the €27million to be borrowed and another €4.2 million and then a request for tax waiver of €7 million.
Mr Speaker, the Committee has considered all these requests and generally recommends to the Plenary for approval. We have the Atradius facility of €27 million to be borrowed including insurance cost of €3.4 million which represents 12.3 per cent of the facility.
The cost of the project itself is about €28 million but because we have had to add this insurance cover, we have ended up borrowing almost €32 million. The tax waiver which is €7 million is about 22.15 per cent of the total project cost.
Mr Speaker, while we have details of the import duty -- items on which duties are being waived, yet for the domestic element, we just have domestic VAT and no details are provided. I think we should have gotten the details of the materials and equipment that will be procured locally and the rates attached; just as we have done for the foreign ones.
However, it is not much and we can approve it.
I have always been asking for the cumulative amount of our borrowings; we came to a point where the Hon Minister said that he is not thinking of the amount we are borrowing but what will be disbursed in the year. However, that has not been cumulated and presented to the House and I think that we should be tracking them because there is a budgetary provision of 4.3 billion in the 2020 Budget which has only been revised to 4.9 billion.
So progressively, we need to be apprised of how far we have gone and whether we are within the budgeted amounted for or we are just on a borrowing spree without looking at what we have provided for, in the Budget. I think that should be provided to this House to enable us make proper decisions as to whether we should continue or stop at a point.
Mr Speaker, with these very important observations, I second the Motion.
Mr Anthony Effah (NPP -- Asikuma/ Odoben/Brakwa) 2:39 p.m.
Mr Speaker, I beg to support the Motion for the approval of this facility.
The project funding is 100 per cent secure; insurance has been provided
for, under this facility and so, we expect that the project will go on unhindered and that it will be completed within the time frame.
Mr Speaker, there is a three-year grace period and this is to enable the project to be completed and utilised before re-payment sets in. I believe that given that the money is 100 per cent available coupled with a three year grace period, this project should be available for utilisation before the re-payment commences.
The cost of this Atradius facility is €3.85 and the commercial facility is €4.64 -- these, probably when compared with the one we just passed is about 5.95 per cent. So, this one is competitive and I think we should go for it.
Mr Speaker, the last bit about it is the tax waiver. It is part of the commercial agreement, the assessment has been certified as accurate and there was also a provision for value for money; the report indicates that this needs to be conducted in the course of time.
Mr Speaker, with these words, I beg to support the approval of the facility for this project to commence.
Mr Richard Acheampong (NDC -- Bia East) 2:39 p.m.
Mr Speaker, I beg to support the Committee's Report to approve the facility for the construction of pedestrian bridges at hazardous locations in Ghana.
Mr Speaker, in respect of the tax waiver, if we turn to page 7 of the Committee's Report under item 6.4, clearly, we know that it is a condition precedent. So, if we are not able to waive these taxes, the Government of Ghana must find money to make up for the difference which will be at an additional cost to the state.
As my Hon Colleague alluded, the country is -- and we cannot even find that money to make up the difference. So, we need to support this very Report so that we can waive the tax for the project to commence.
Mr Speaker, however, the purpose for this very facility is to improve on pedestrian safety. We identified a number of walkways and footbridges which pedestrians fail to use and at the end of the day, we spend so much money constructing other footbridges and walkways but the Committee Report is telling us that this time, the local Assemblies and the Police will roll out education campaigns so that people will know the need to use the walkways and footbridges.
Mr Second Deputy Speaker 2:39 p.m.
Hon Member, just a minute.
Mr Ayeh-Paye 2:39 p.m.
Mr Speaker, the Hon Member is making a misleading statement. He has made mention of Parliament approving money for the
National Road Safety Authority but the Authority is not making use of the money.
That is not correct. The National Road Safety Authority are within their budget and using it. On several occasions, we see them in market places advertising and educating drivers -- they support the Motor Traffic and Transport Department (MTTD) which gadgets and other equipment for road safety. They return to this House with their budget performance and they are using the money this House approved for them.
Mr Speaker, for the Hon Member to say that they have been given money and they are not making use of it, is actually misleading.
Mr Second Deputy Speaker 2:49 p.m.
Hon Member, please take that on board.
Mr R. Acheampong 2:49 p.m.
Mr Speaker, I made a statement that they appeared before this House and we approved --
Mr Second Deputy Speaker 2:49 p.m.
I see the Hon Deputy Minister for Finance on her feet?
Mrs Abena Osei-Asare 2:49 p.m.
Mr Speaker, thank you.
My Hon Colleague on the other Side said that they have not received this year's DACF. Mr Speaker, this is not true because the first quarter and fourth quarter have been paid, so for the Hon Member to say here that they have not received the DACF is not true. We have paid what is due this year and the second quarter is due by end of August and we would ensure to release that as well.
Mr Speaker, thank you.
Mr R. Acheampong 2:49 p.m.
Mr Speaker, we are in August 2020 and I am making reference to the 2020 allocation, but the Hon Deputy Minister is referring to fourth quarter. The fourth quarter is not due. Mr Speaker, she is referring to the 2019 fourth quarter.
Mr Second Deputy Speaker 2:49 p.m.
Usually, the fourth quarter is paid in the ensuing year.
Mr R. Acheampong 2:49 p.m.
Mr Speaker, I am making reference to the first quarter allocation of 2020 and not the 2019 --
Mr Second Deputy Speaker 2:49 p.m.
Hon Member, the Hon Deputy Minister added that they have paid the
first quarter of 2020 but they have not paid the second quarter, which according to her, is due to be paid by the end of August. However, your statement was that they have not paid the DACF for 2020, but that is what she --
Mr R. Acheampong 2:49 p.m.
Mr Speaker, I have no problem doubting her integrity on this matter, but maybe they released the money just yesterday. There has been complaints that the moneys have not been paid but maybe the moneys were released three days ago.
Mr Speaker, even with this, there is no budgetary allocation from the district assemblies to undertake the education exercise that is being talked about. There is an authority with the mandate to provide the education to the pubic so that people would know the need for using the walkways and footbridges. This facility has not allocated any funds for the district assemblies to undertake this project. The assemblies are to provide the education but what budget line would they use to provide this education? This is my concern. Mr Speaker, we should allow the institutions with the mandate to provide the education to do so.
Mr Speaker, if what the Hon Chairman of the Committee is saying
Mr Second Deputy Speaker 2:49 p.m.
We need to also consider the issue of user friendly footbridges and pedestrian crosses. It is not that the people are not educated because I think they are. We need to look at all these and find a solution to this problem.
I would put the Question on Motions 20, 23 and 26.
Question put and Motion agreed to.
Mr Second Deputy Speaker 2:49 p.m.
We would take Resolutions numbered 21, 24 and 27. Hon Deputy Minister for Finance?
RESOLUTIONS 2:49 p.m.
THIS HONOURABLE HOUSE 2:49 p.m.
HEREBY RESOLVES AS 2:49 p.m.
Mr Benjamin K. Kpodo (NDC -- Ho Central) 2:49 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Export Finance Loan Agreement between GoG/Coöperatieve Rabobank U.A to finance the
construction of pedestrian bridges at hazardous locations
in Ghana
Deputy Minister for Finance (Mrs Abena Osei-Asare) on behalf of the (Minister for Finance): Mr Speaker, I beg to move, that
HEREBY RESOLVES AS 2:49 p.m.
Mr Benjamin K. Kpodo (NDC -- Ho Central) 2:49 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
RESOLUTIONS 2:49 p.m.
THIS HONOURABLE HOUSE 2:49 p.m.
IS RESPECTFULLY REQUESTED 2:49 p.m.
TO ADOPT THE FOLLOWING 2:49 p.m.
Mr Benjamin K. Kpodo (NDC -- Ho Central) 2:49 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Second Deputy Speaker 2:49 p.m.
Available Hon Leader, do we move to item numbered 28?
Dr A. A. Osei 2:49 p.m.
Mr Speaker, item numbered 7.
Mr Second Deputy Speaker 2:49 p.m.
Hon Members, item numbered 7. Hon Chairman of the Committee?
MOTIONS 2:49 p.m.
Chairman of the Committee (Mr Samuel Ayeh-Paye) 2:49 p.m.
Mr Speaker, I beg to move that this honourable House adopts the Report of the Committee on Roads and Transport on the Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and VIABUILD Africa for an amount of sixty-five million euros (€65,000,000.00) for the design and construction of the Paa Grant Interchange and other roads in Sekondi and Takoradi Township (Phase 1).
Mr Speaker, in so doing I beg to present your Committee's Report.
1. Introduction
On Monday, 3rd August, 2020 Design-Build Contract Agreement
between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and VIABUILD Africa for an amount of sixty-five million euros (€65,000,000.00) for the design and construction of the Paa Grant Interchange and other roads in Sekondi and Takoradi Township (Phase 1) were presented to Parliament by the Majority Leader and Minister for Parliamentary Affairs, Osei Kyei-Mensah-Bonsu on behalf of the Minister for Roads and Highways.
The Rt Hon Speaker referred the Agreement to the Committee on Roads and Transport for considera- tion and report in accordance with article 181 of the 1992 Constitution and Order 189 of the Standing Orders of Parliament.
The Committee is grateful to the Deputy Ministers for Roads and Highways, Hon Anthony N-Yoh Puowele Karbo, the lead presenter and Hon Kwabena Owusu-Aduomi and Officials from the Sector Ministry for attending upon the Committee.
2. Reference Documents
i. The 1992 Constitution of the Republic of Ghana
ii. The Standing Orders of Parliament; and
iii. The Commercial Contract of €65 million between the Government of the Republic of Ghana represented by the Ministry of Roads and Highways and VIABUILD for the construction of the Paa Grant Interchange and other roads in Sekondi and Takoradi Township (Phase
1).
3. Background
The Ministry of Roads and Highways, acting on behalf of the Government of the Republic recognises Takoradi as the second- largest harbour city that has seen substantial growth in its economy and society with the discovery of oil and increased mining activity in the region. As a result, there is the need to improve access to the harbour by developing selected arterial roads and intersections within Sekondi-Takoradi to expand the capacity of the networks within the twin city.
The Paa Grant Roundabout is one of the three roundabouts that links the peripheral roads which formed a triangular ring road and adjoining roads with the Central Business District, this attracts significant traffic
Chairman of the Committee (Mr Samuel Ayeh-Paye) 2:49 p.m.


into the area and has limited traffic capacity resulting in poor network performance which impacts commer- cial activities negatively. The Roundabout is located to the east of the triangular network and is a key access point for inter-city traffic between Sekondi and Takoradi as well as port traffic to the port gates 1 and 2. It has five approaches currently operating at Level of Service (LOS) E, which proves that the intersection is in urgent need of improvement to reduce travel time and enhance socio- economic develop-ment.

The intervention includes road widening, pavement strengthening, interchange and junction improve- ment, footbridge and railway overpasses, street lighting facilities and pedestrian facilities. These interventions will also help to improve the quality of life of the citizenry and enhance economic growth.

4. Objectives of the Project

The main objective of this project is to reduce travel time, ensure the safety of pedestrians and non-

motorised movements. The reduction of congestion being faced by motorists daily will enhance socio-economic development as well as the quality of life of the people with the Sekondi- Takoradi Metropolis as well as the nation at large.

5. Scope of Works

The scope of works under this facility include:

Phase 1; the Rehabilitation of 35kms of main selected roads in Sekondi and Takoradi (list of roads attached).

The Axim Roads, Shippers Council Road and the Papa Gyaesayow Roads.

The scope of works is attached as Appendix I.

The priority roads to be catered for in the project is attached as Appendix

II.

The other roads are:

Sekondi and Harbour Roads with the third level of works to be done at Ketan (RO5), CDH (RO6) and Essipon Roads.

Phase 2; the Construction of the Paa Grant Interchange in Takoradi
Chairman of the Committee (Mr Samuel Ayeh-Paye) 2:49 p.m.
6. Observation and Recommendation
6.1 Project Cost
The total cost of the commercial contract between the Government of
Ghana represented by the Ministry of Roads and Highways and VIABUILD NV for the construction of the Paa Grant interchange and the roads in Sekondi and Takoradi township (Phase 1) is €65.00 million.
6.2 Cost Component Breakdown
6.3 The Project Description of the Roads in Secondi-Takoradi and the Interchange
Paa Grant Roundabout
The Paa Grant Roundabout is one of three roundabouts that links the peripheral roads which formed a triangular ring road around the Takoradi CBD. The market circle, inner circular ring road and adjoining roads within the CBD attract
significant traffic into the area and that has limited traffic capacity, resulting in poor network performance which has a negative impact on commercial activity. The Paa Grant roundabout is located to the east of the triangular network and is a key access point for inter-city traffic between Sekondi and Takoradi as well as port traffic to the Port Gates1 and 2. The project aims at addressing congestion and giving the roundabout a facelift.

Axim Road (R01A), Shippers Council Road and Papa Gyaesayow Road (R01B)

The Committee was informed that the Axim road is an existing 2x2 dual carriageway and a major arterial that provides access to the port, airport and commercial CBD in Takoradi. This will be widened to a 2x3 dual road with all related facilities. It is envisaged that the port traffic will be segregated from local traffic over the length of the road. The Shippers Council road will be retained as single carriageway and rehabilitated. The road width of the Shippers Council road will be widened to be consistent over that section. The existing volume of Shippers Council road is 7,000 vpd.

Harbour Road (R02A), De-graft Avenue (R02B) and Sekondi Road (R04A)

Under the project, the Committee noted that the section of Harbour road between the Paa Grant Roundabout to the Harbour Roundabout will be widened to a dual carriageway in order to facilitate access to the port and provide an improved alternative route from the market circle area R02B - The road section beyond Harbour Roundabout, will remain a 2-lane carriageway and be rehabilitated. The Sekondi road will

be widened to a 2x2 dual carriageway - from the Paa Grant roundabout to the Effia Nkwanta hospital. The Adiembra road will be widened to a 2x2 dual carriageway from the Effia Nkwanta hospital to the Western Regional Coordinating Council (RCC) offices and continued to Essipon. The Essipon road will remain a 2-lane carriageway but will be rehabilitated.

6.4 Project Duration

The phase 1 of the project is expected to be completed within a period of twenty-four (24) months from the commencement date. It is expected that the financing arrangement will be completed by the last quarter of 2020 for the works to be completed in 2022.

6.5 Defects Notification Period

The Contract Agreement provides for a Defects Notification period of 365 days to be calculated from the issuance of the taking over certificate.

6.6 Poverty Reduction

This project has been approved in the 2020 budget for the Government of Ghana and its support to the road sector is in line with the Government's strategy that emphasizes poverty reduction through increased

agricultural production, socio- economic development of the social and economic infrastructure and enhancing the enabling environment for private sector growth. This project will go a long way to reduce pedestrian and vehicular congestion and the cost of transportation for both passengers and cargoes.

6.7 Advance Payment

The Committee noted that the Contract Agreement makes provision for an advance payment of 20 per cent of the contract amount. This shall be paid only when the contractor submits an advance payment guarantee from a Bank Acceptable to the Employer.

6.8 Accelerated Economic Expansion of Sekondi-Takoradi Enclave

The Committee noted that Sekondi-Takoradi is the second- largest harbour city in the country, an oil producing and mining city rapidly expanding in capacity.

The project will ensure substantial improvement in the function of the road development of the Sekondi- Takoradi township by improving movement of people and goods.

6.9 Road Sector Support and Poverty Alleviation

The Committee noted that in the 2020 budget that Government approved it has given support to the road sector in line with Government strategy that seeks to reduce poverty through increased agricultural production and socio-economic development.

The project implementation would go a long way to reduce pedestrian and vehicular congestion and soften the cost of transportation for both passengers and cargoes.

6.10 Retention

The Committee noted that the percentage of retention amounts is 10 per cent of the value of the interim payment certificate to be issued for works done. However, the limit of retention is 5 per cent of the Contract.

6.11 Work Insurance

The Committee observed that the maximum amount of deductibles is pegged at €500,000.00 as the insurance for works and equipment. The minimum amount of third party insurance is €5,000 per occurrence, however the number of occurrences is unlimited. This insurance is against
Chairman of the Committee (Mr Samuel Ayeh-Paye) 2:49 p.m.


Hon Ranking Member (Mr Kwame G. Agbodza): Mr Speaker, I beg to second the Motion.
Mr Kwame Governs Agbodza (NDC -- Adaklu) 2:59 p.m.
Mr Speaker, I beg to second the Motion ably moved by the Hon Chairman.
Mr Speaker, the content of the Report is clear enough, but I would just make few observations. The new scope of this phase is to build roads and not an interchange as was previously said in anticipation of an interchange in the phase 2 yet to be laid before the House.
Mr Speaker, the features of this contract agreement are mostly in line with what we have been approving in the past. Significantly and obviously not for the first time, this also came without a value for money audit report attached. We are told that that would be done as quickly as possible. Indeed, it is a condition precedent under this Project, unlike the Synohydro Project which I was not happy about in those days. We are also told that the developers would use about 80 per cent content in terms of labour and materials although they would not pay taxes on them when they procure these.
Mr Speaker, we are told that the Department of Urban Roads would supervise this Project. Although there was a line item for supervision, there was the argument as to when the Departments of Feeder Roads, Highways and others who are already paid by the State. When an amount is stated for supervision, what would it be used for? We were told that sometimes they procure the services of external consultants because of the volume of work and sometimes the speciality of the work.
Mr Speaker, I believe this is a regular thing we have been approving in this House. Obviously, when these loans are approved, we are told that depending on when the contract gets executed, 24 months at that, the project would be completed. Currently, the projected completion period is 2022.
Mr Speaker, it is a good project. We have approved the financial agreement on it, which some of us thought was a bit expensive, but in this COVID-19 season, I am sure that nothing is ever the same under the circumstance. Mr Speaker, I encourage colleagues to support this Motion to approve the contract agreement. Thank you very much for the opportunity.
Mr Second Deputy Speaker 2:59 p.m.
Yes, Hon Deputy Minister?

Deputy Minister for Roads and Highways (Mr Kwabena Owusu- Aduomi) (MP): Mr Speaker, we have all agreed that the title of the Project should be the construction of Paa Grant Interchange and other roads in Sekondi and Takoradi Township.

For me, the phase 1 is the significant point here because it involves the roads. Most of the roads within the twin city of Sekondi and Takoradi are in deplorable state. The situation makes the cost of operating vehicles within the city very high, and motorists feel very uncomfortable and unsafe. This is the reason the Government has taken it upon itself to construct these roads in the twin city.Mr Speaker, there are a lot of surface defects; potholes, depression cracks and so on.

Vehicular traffic within the twin city has also increased. It is growing up more than 7 per cent annually, and many of these roads are unable to accommodate the increasing traffic volume. Most of these roads would therefore, be widened. When the Hon Minister for the Western Region made his submission, he indicated that the roads would be made dual. So we would widen most of these roads so that we would be able to accommodate the increased traffic volumes we have. Mr Speaker, these

roads are also old. We would also strengthen the pavements of these roads so that the heavy axles that use these roads could be accommodated by the new roads we would build.

Mr Speaker, there is also traffic congestion within the city. It is because many vehicles meet at the same level. The intersections are very small. We would widen these intersections and also provide slip roads so that there would be fast movement of vehicles at the intersections.

With those that the volumes are so much that we might not be able to solve the traffic congestion through widening; such as the Paa Grant Interchange, we would provide great separated interchanges so that vehicular traffic would be distributed effectively to get rid of this traffic congestions we have.

Mr Speaker, when we are able to rehabilitate them, it would now bring down the cost of motorist's operation of vehicles within the Twin City. I believe this is a very good thing that the Government is doing. Mr Speaker, overall, the socioeconomic development of the people within the Twin City of Sekondi and Takoradi would improve significantly and help businesses and other services within the Twin City. Mr Speaker, with these

few words, I thank you and urge Hon Members to adopt the Report of the Committee.

Question put and Motion agreed to.
RESOLUTIONS 2:59 p.m.
Minister for Roads and Highways (Mr Kwasi Amoako- Attah)(MP) 2:59 p.m.
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181(5) of the Constitution the terms and conditions of any international business or economic transac- tion to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181(5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Roads and Highways, there has been laid before Parliament the terms and conditions of a Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and VIABUILD Africa for an amount of sixty-five million euros (€65,000,000.00) for the design and construction of the Paa Grant Interchange and other roads in Sekondi and Takoradi Township (Phase 1).
THIS HONOURABLE HOUSE 2:59 p.m.
HEREBY RESOLVES AS 2:59 p.m.
Mr Kwame Governs Agbodza (NDC -- Adaklu) 2:59 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Kyei-Mensah-Bonsu 2:59 p.m.
Mr Speaker, let us take Motion listed as item 9.
Mr Second Deputy Speaker 2:59 p.m.
Item numbered 9 on page 5 of the Order Paper. Hon Chairman of the Committee?
MOTIONS 2:59 p.m.
Chairman of the Committee (Mr Samuel Ayeh-Paye) 2:59 p.m.
Mr Speaker, I beg to move, that this
honourable House adopts the Report of the Committee on Roads and Transport on the Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Ghana Highway Authority]) and Griner Engineering GH Limited for an amount of fifty-eight million, one thousand, one hundred and thirty-eight euros eighty cents (€58,001,138.80) for the design and construction of three bridges over Sweet River at Iture, River Ankobra at Ankobra and the Black Volta River at Dikpe.
Mr Speaker, in so doing, I support your Committee's Report.
1. Introduction
On Monday, 3rd August, 2020 the Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways {Ghana Highway Authority}) and Griner Engineering GH Limited for an amount of fifty-eight million, one thousand, one hundred and thirty-eight euros eighty cents (€58,001,138.80) for the design and construction of three bridges over Sweet River at Iture, River Ankobra at Ankobra and the Black Volta River at Dikpe was presented to Parliament by the
Majority Leader and Minister for Parliamentary Affairs, Hon. Osei Kyei-Mensah-Bonsu.
The Speaker referred the Contract Agreement to the Committee on Roads and Transport for consideration and report in accordance with article 181 of the 1992 Constitution and Order 189 of the Standing Orders of Parliament.
The Committee met the two Deputy Ministers of the Ministry of Roads and Highways, Hon Anthony N-Yoh Puowele Karbo and Hon Kwabena Owusu-Aduomi and Officials from the Sector Ministry. The Committee is grateful to the Officers for assisting the Committee in its deliberations.
2. Reference documents
i. The 1992 Constitution of Ghana
ii. The Standing Orders of Parliament
iii. The Contract Agreement on the Design and Construction of Three Bridges over the Sweet River, River Ankobra and the Black Volta Riveer at Iture, Ankobra and Dikpe
respectively amounting to €58,001,138.00 between the Government of Ghana (represented by the Ministry of Roads and Highways) and Griner Engineering Ghana Limited.
3. Background
The Ministry of Roads and Highways is currently implementing a programme to improve the country's road network, under the programme, road agencies, particularly the Ghana Highway Authority is rehabilitating and upgrading weak or broken bridges across the country to reduce the bottlenecks on the trunk road network.
Governments over the years have implemented and continued to implement a number of road infrastructural projects to connect districts to municipalities and from municipalities to metropolitan areas. This project is a continuation of such programmes.
The Ghana Highway Authority's National Bridge inventory indicates a current data of 350 bridges. These consist of 100 steel bridges with the remaining 250 bridges of concrete and composite make. Of the 350 bridges, seventy-six (76 per cent) are in fair to poor condition.
Mr Kwame Governs Agbodza (NDC -- Adaklu) 3:09 p.m.
Mr Speaker, I beg to second the Motion by the Hon Chairman of the Committee on Roads and Transport. I would also make some few comments.
Mr Speaker, the Hon Chairman is right by correcting item (d) under scope of work. It is a 900ms approach to the new bridge. All the bridges would have some amount of work done in terms of approach to the bridge.
Mr Speaker, there are no doubts on the minds of the Committee Members that these bridges are critical and needed. Mr Speaker, you are more familiar with these bridges than I am. We are aware of how people need to do long detours currently and sometimes venture to
RESOLUTIONS 3:09 p.m.
Mr Amoako-Attah 3:09 p.m.
Mr Speaker, I beg to move that
WHEREAS by the provisions of article 181(5) of the Constitution the terms and conditions of any international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181(5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Roads and Highways, there has been laid before Parliament the terms and conditions of a Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Ghana Highway Authority]) and Griner Engineering GH Limited for an amount of fifty-eight million, one thousand, one hundred and thirty-eight euros eighty cents
(€58,001,138.80) for the design and construction of three bridges over Sweet River at Iture, River Ankobra at Ankobra and the Black Volta River at Dikpe.
THIS HONOURABLE HOUSE 3:09 p.m.
HEREBY RESOLVES AS 3:09 p.m.
Mr Agbodza 3:09 p.m.
Mr Speaker, I rise to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
MOTIONS 3:09 p.m.
Mr Ayeh-Paye 3:09 p.m.
Mr Speaker, I beg to move that this Honourable House adopts the Report of the Committee on Roads and Transport on the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and Janson Bridging International BV of Netherlands for an amount of twenty- eight million, five hundred and eighteen thousand euros (€28,518,000.00) for the construction of pedestrian bridges at hazardous locations in Ghana.
Mr Speaker, I therefore seek your indulgence to present your Committee's Report.
1. Introduction
On Monday, 3rd August, 2020, the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and Janson Bridging
International BV of Netherlands for an amount of twenty-eight million, five hundred and eighteen thousand euros (€28,518,000.00) for the construction of pedestrian bridges at hazardous locations in Ghana was presented to Parliament by the Majority Leader and Minister for Parliamentary Affairs, Hon Osei Kyei-Mensah-Bonsu.
The Contract Agreement was referred to the Committee on Roads and Transport for consideration and report in accordance with article 103 of the 1992 Constitution and Order 189 of the Standing Orders of Parliament.
The Committee met the Deputy Ministers for Roads and Highways, Hon Anthony N-yoh Puowele A. Karbo and Hon Kwabena Owusu- Aduomi and Officials from the Ministry on Wednesday, 5th August, 2020 and considered the referral. The Committee is grateful to the two Deputy Ministers and officials from the Ministry for assisting the Committee.
2. Reference Documents
i. The 1992 Constitution of Ghana;
ii. The Standing Orders of Parliament;
iii. Contract Agreement between the Government of the Republic of
Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and Janson Bridging International BV of Netherlands for an amount of twenty- eight million, five hundred and eighteen thousand euros (€28,518,000.00) for the construction of pedestrian bridges at hazardous locations in Ghana
3. Background
The Government through the Ministry of Roads and Highways (MRH) has constructed several arterial roads in some of the capital cities in the recent past which has consequently improved mobility and shortened travel time on these roads. The arterial roads constructed have however compromised on the safety of vulnerable groups, pedestrian and non-motorised transport users within the selected cities. Considerable number of lives are needlessly lost through road accidents on our highways especially when they traverse urban areas or densely populated communities.
To address the challenge, the sector Ministry has identified several crossing points within the cities, which need appropriate pedestrian facilities to ensure safety. The proposed project is a major safety intervention
within the selected capital cities and has the capacity to enhance the quality of life of the Ghanaian populace.
The construction of pedestrian bridges at hazardous locations in Ghana forms part of the Government through the Ministry of Roads and Highways' strategic road programme to continue with the construction of pedestrian bridges across some selected arterial roads to remove all conflicts between vehicular traffic and pedestrians.
It is also to improve the safety of road users, particularly vulnerable groups who cross these arterial roads. This intervention would also bring great relief to all road users, by freely accessing the roads and adjoining facilities without fear of being knocked down by a vehicle.
4. Objective of the Project
The primary objective of this project is to enhance the safety of all road users within the selected capital cities by removing all potential conflicts between non-motorised transport users and vehicular traffic on the arterial road network.
The specific objective of this project is to locate pedestrian bridges close to critical facilities such as schools, hospitals and other public places. It is also to limit vehicular and pedestrian conflict with its attendant
Mr Agbodza 3:19 p.m.
Mr Speaker, I beg to second this Motion.
The Hon Chairman has already spelt out the scope of works. The few comments I have are based on the fact that, we are all aware that these locations have been christened as hazardous. Obviously, these are not all the locations, but there are some of the locations that we are all aware of on the N1, N8 and the rest.
Mr Speaker, it is not as though we have not been building footbridges, but you made a comment earlier. As a country, it appears we are not yet able to convince the public on why they should cross at designated crossing points, if they insist in the area. It is very heart-breaking when you go
to a place such as Kaneshie and other places, where Government spent resources to build the flyovers and put restrictions in the median to prevent people from attempting.
When we drive past, we see somebody making brave efforts to scale that at his risk. Is it the case that at the inception of this Project, we failed to find out the convenient place for the public to cross over? That is, if somebody is coming from the Kaneshie Market and he or she wants to go to the other side, and the footbridge is far from them, the temptation is for that person to use authorised routes.
So we should be able to overcome these challenges before we build these footbridges. Fortunately, we have been told that it will be done. Though it does not appear in any of the items here. My Hon Colleague earlier talked about the fact that, we should provide resources for the local authority to also carry out some education, not after the bridge has been built.
In other jurisdictions, they engage users of the facility. There could be a situation where Urban Roads and the local assembly, would engage people in the area. They could show them the sketch and tell them what would be built and ask for their opinions. People
must make an input before the site is located. I am sure that if that happens, perhaps, we may be able to minimise the situation where we spend money to build these footbridges and still people risk crossing at the wrong places, and they put themselves in harm's way.
Mr Speaker, I think that if these footbridges are built, they would remedy some of the challenges we have on our vehicular pedestrian crossings at some points. We probably need more of these. We hope that the designs and their locations will play a significant role to attaining the aim and objectives of this project. Mr Speaker, with these few words, I urge Hon Colleagues to support the approval of this contract agreement for the Ministry.
Mr Second Deputy Speaker 3:19 p.m.
Yes, Hon Deputy Minister?
Mr Owusu-Aduomi 3:19 p.m.
Thank you, Mr Speaker. I will make it brief. It is important that the Ministry provides such footbridges for pedestrians to cross. Normally, where our roads run through built-up areas, where pedestrian traffic is high, we have to provide these bridges for them.
Mr Speaker, people who do not use these footbridges are indisciplined. Those who cross have realised that
there is something for them to go over, but they do not want to use it.
The Hon Ranking Member of the Committee mentioned the Kaneshie Market. When we did the design and provided the median, they were scaling. So Government had to spend money and put razor wires on top of it to prevent them from crossing. Just some few metres away, there was the footbridge.
Mr Speaker, it is indiscipline. I agree that we have to do more education, but the people who cross the road while the footbridges are there, it is not that they have not seen the footbridges. People do not want to walk even 100 metres to the footbridge and cross. Mr Speaker, when we travel outside of the country
-- 3:19 p.m.
Mr Second Deputy Speaker 3:19 p.m.
Hon Member, you should also take on board the fact that, those people you are referring to have been walking distances before they get to the footbridges. We should look at constructing these footbridges in such a way that they have no alternative.
When you go outside of the country, do you see how they are constructed? They have no alternative than from the lorry station, they would have to pass through and go overhead. But now, we give them alternatives and because they walk
Mr Owusu-Aduomi 3:19 p.m.
Mr Speaker, you are right that some may have to walk some distances. But before we build the footbridges, we study the pedestrian behaviour and movement where people have to cross. We do not just construct the footbridges in remote areas where people will not use them.
Mr Speaker, the footbridges cannot be built every kilometre long. It depends on where the pedestrians would have to cross the road, and where the settlements are. Even those ones on the Adenta Road, where some people were being killed and we had to find money to make the construction as an urgent project, people still cross the road while the footbridges are there. Mr Speaker, would you say that they have walked long distances and they are tired? For most of them, it is indiscipline.
Mr Second Deputy Speaker 3:19 p.m.
Hon Member, you do not have to debate me on this issue. The people do not sleep along the road. They walk from their houses to that place. So do not debate me. Go on with your
point. If you study the behaviour of the pedestrians, how come that the behaviour that you complain about is not captured and solved? So that is not the issue. Let us try to have the national discourse and see how we can solve the problem.
Mr Owusu-Aduomi 3:19 p.m.
Mr Speaker, I think that what we have to do again is more education. But as I indicated, we do not build the footbridges anywhere. We study the pedestrians behaviour and where a lot of people cross the roads.
Mr Speaker, as I indicated, these are in the built-up areas, where there are many lanes. At times, there are about three lines running in separate ways, so about five lanes on the other side, where it will not be easy for people to cross.
Mr Speaker, we are appealing to the general public that these footbridges are for the safety of us the pedestrians. Therefore, people should learn to use them instead of risking their lives in going through the shorter way across the road. But if they go on the footbridge, it is safer for everyone, so that the Government will not spend money to build hospitals and others.
Mr Speaker, with these few words, I would urge the House to
adopt the Report of the Committee. Thank you, Mr Speaker.
3. 29 p. m.
Mr Second Deputy Speaker 3:19 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 3:19 p.m.
Mr Speaker, just one or two observations. I am not unmindful of the issue that you raised in respect of pedestrians having walked long distances before they get to where the footbridge is. Tiredness would beckon them to have used the shorter cut. Mr Speaker, I also share in the sentiments expressed by the Hon Deputy Minister that on many occasions, it is just born out of the daring spirits of the pedestrians to use the shorter cuts.
Mr Speaker, but having said so, I believe that we need much more education to fence off the pedestrians from risking their lives and crossing the main roads the way they are seen to be running across the roads. These days, increasingly, you would see people, they see vehicles approaching and they are walking leisurely with cell phones by their ears. A vehicle is approaching and honking and they have scant regard.
They think that necessarily the driver must stop for him or her.
Indeed, yesterday, on my way from Kumasi, even in the night, around 8.30 to 9.00 o'clock when I got to John Tei and I was approaching the dual carriage, people were running. And that place is so dangerous. I agree that the concrete median is one way of dealing with it. What I guess we could do, and I was debating it with my wife yesterday at night, that we must increase the height of the median, let us say one and half feet. If people cannot scale over them, they would not attempt.
Now, the height is, I think three or three and half feet and they think that they can jump over it. If the height is increased to about five feet, they cannot cross. It is going to be much more expensive but certainly, we would protect and save many lives.
If the height is increased by a minimum of one foot, people cannot scale over them because these days you would see even women carrying children, they get there, it is difficult for them and they are struggling but they still think that they must attempt to scale over that. If the height is increased by just one foot, you would see that people cannot scale over them.
Mr Second Deputy Speaker 3:19 p.m.
Exactly, that was the issue I raised that
Mr Kyei-Mensah-Bonsu 3:19 p.m.
Mr Speaker, wherever we have these concrete medians, the added advantage is that people are afraid to drive very fast close to the median and the electric poles that are installed in there, are also protected because people are afraid to be bouncing off the concrete.So they slow down.
Mr Speaker, so I think one way of dealing with this, education is necessary but, we must increase the medians by a minimum of one foot or one and half feet and we would see that nobody would attempt to cross apart from perhaps, pick-pockets who would have picked pockets of people and they try to use the roads to cover up their identities. Mr Speaker, but I think that is one way of dealing with the matter and I recommend same to the Hon Minister for Roads and Highways. Mr Speaker, I thank you very much.
Mr Amoako-Attah 3:39 a.m.
Mr Speaker, with your permission, I would just want to make some few remarks as a wrap up before I take the Resolution.
Mr Speaker, while thanking Hon Colleagues for their contributions and
very useful suggestions, I wish to state and to put on record that what we need in our country is enforcement. My Deputy Minister, Hon Owusu- Aduomi, attributed all these to indiscipline and I agree with him hundred per cent. The only procedure to be adopted to cure this high level of indiscipline is strong enforcement.
Mr Speaker, all of us have the opportunity of traveling outside this country, and wherever we have footbridges, New Jersey Barriers are created again in the median. Has anybody seen, anytime we travel outside this country that people, even including our own nationals; Ghanaians who travel to these countries jumping over the New Jersey Barriers? It does not happen, and when a Ghanaian travels to any of the developed countries today, they comply with all the existing laws in these countries including not littering the streets.
Nobody would ever jump over the New Jersey Barriers. But in our country, people do it with impunity and without shame and they get away with it; we see it every day, both men and women. Nobody arrests them and nobody is prosecuted even though it is illegal to do that.
Mr Speaker, I would call for strong enforcement. The police, of course,
cannot be policing the New Jersey Barriers 24/7 but if we set examples, it would serve as deterrent to the rest. If people are arrested and prosecuted and strong, stiff punishments are handed to them, I think with time, people would learn because no matter what we do -- [Interruption] -- And I value the suggestion by the Hon Majority Leader that we increase the heights of these New Jersey Barriers.
Mr Speaker, I would set one example which came to the attention of my Ministry in 2018. On the N1 George Walker Bush Road, the median is made up of concrete at some stretches. Some recalcitrant Ghanaians broke the middle of the concrete and somebody once stood on the shoulders of the road and tried to aid people to cross.
Meanwhile, he used a plywood to cover the place and was telling pedestrians who wanted to cross that he had been positioned there on the authority of the Ministry of Roads and Highways to aid people to cross for a fee. And people were paying and he was aiding them to cross.

It came to our attention, we sent people there to try to apprehend that person and get him arrested but because of perhaps the unethical method they adopted, they created the impression that they had come there to look for that person to arrest. He heard about it and vamoosed from the place.

Mr Speaker, this is the extent that a Ghanaian could go in our country. So, I would end by pleading with the law enforcement agencies that all the laws are there. The provisions are made to protect the people. The National Road Safety Authority is doing its best but we still have recalcitrant Ghanaians who would go to every extent to break the law and not conform. We should strengthen the enforcement and that is the only way we will get our country men and women to comply with the rules. Thank you Mr Speaker.
Mr Second Deputy Speaker 3:39 a.m.
Thank you so much.I definitely agree with you on enforcement. You spoke about the developed countries and their development is not only in infrastructure but in the state of mind, so we may have to work on it seriously. Also, we do not need to have people physically there directing them but technology assisting them. People are caught and taken to court
Mr Second Deputy Speaker 3:39 a.m.
We would now move to Resolution numbered 12. Yes, Minister for Roads and Highways?
RESOLUTIONS 3:39 a.m.
Minister for Roads and Highways (Mr Kwasi Amoako- Attah) 3:39 a.m.
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181(5) of the Constitution the terms and conditions of any international business or economic transac- tion to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been
laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181(5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Roads and Highways, there has been laid before Parliament the terms and conditions of a Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways [Department of Urban Roads]) and Janson Bridging International BV of Netherlands for an amount of twenty-eight million, five hundred and eighteen thousand (€28,518,000.00) for the construction of pedestrian bridges at hazardous locations in Ghana.
THIS HONOURABLE HOUSE 3:39 a.m.
HEREBY RESOLVES AS 3:39 a.m.
Chairman of the Committee (Mr Samuel Ayeh-Paye) 3:39 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Second Deputy Speaker 3:39 a.m.
Hon Members, I got the sense from the Leader of the House that this is the appropriate time for us to go on a short suspension for just one hour. He said one hour, which means that we should be back here by 4.45 p.m.
4.43 p. m. -- Sitting suspended.
6.01 p.m. -- Sitting resumed
MR SECOND DEPUTY SPEAKER
Mr Kyei-Mensah-Bonsu 3:39 a.m.
Mr Speaker, we would commence item numbered 31 on the Order Paper.
Mr Second Deputy Speaker 3:39 a.m.
Item numbered 31 -- Development Finance Institutions Bill, 2020, at the Consideration Stage.
BILLS -- CONSIDERATION 3:39 a.m.
STAGE 3:39 a.m.
Mr Second Deputy Speaker 3:39 a.m.
There is a proposed amendment to clause 1, by the Hon Minority Leader.
rose
Mr Second Deputy Speaker 3:39 a.m.
Yes, Hon Member?
Mr S. Mahama 3:39 a.m.
Mr Speaker, I have the permission of the Hon
Mr Shaibu Mahama (on behalf of Mr Haruna Iddrisu) 3:39 a.m.
Mr Speaker, I beg to move, clause 1, subclause 1, opening phrase, delete “applies'' and insert “shall apply''.
Mr Speaker, the subclause 1, flows from subclause 2, which says 3:39 a.m.
“Despite subsection (1), this Act shall not apply to a development finance institution governed by a multilateral treaty or under a sovereign bilateral agreements operating in the country''.
So, the opening phrase of subclause 1, should be; “this Act shall apply to'' instead of; “this Act applies to''.
Mr Kyei-Mensah-Bonsu 3:39 a.m.
Mr Speaker, the Hon Chairman of the Committee is in the Chamber, so I would first want to listen to him, in respect of clause 1.
Mr Second Deputy Speaker 3:39 a.m.
Hon Chairman of the Committee, we just started with clause 1 and there is a proposed amendment by the Hon
Minority Leader, however, because clause 1(2) says; “Despite subsection (1), this Act shall not apply”, the Hon Minority Leader, wants the clause 1(1), to also read; “This Act shall apply to”
Chairman of the Committee (Dr Mark Assibey-Yeboah) 3:39 a.m.
Mr Speaker, in subclause 2, because it does not apply, that was why we said “it shall not apply'' but if it applies in subclause 1, I do not think there is any value addition to insert “shall apply''.
Mr Second Deputy Speaker 3:39 a.m.
So, it should be; “This Act shall apply''.
Dr Assibey-Yeboah; Mr Speaker, no! It should be; “This Act applies'' because it is the new way of drafting.
Mr Ras Mubarak 3:39 a.m.
Mr Speaker, what pertains in the Bill is more elegant, unless of course, there is a compelling reason we should not use “applies''. As the Hon Chairman of the Committee said it is a new drafting style -- I do not know whether it is Koforidua drafting style or --? [Laughter.]
Mr Kyei-Mensah-Bonsu 3:39 a.m.
Mr Speaker, this really is the modern trend, otherwise, there is no weird
distinction. That is what has been suggested by the Hon Chairman of the Committee. It is the modern trend of drafting. In any event, the moment the President assents to the Bill, the Bill applies. So, it should read; “This Act applies to”
Question put and amendment negatived.
Mr Second Deputy Speaker 3:39 a.m.
There is another proposed amendment in the name of the Hon Minority Leader, to clause 1.
Hon Member, for Daboya/ Mankarigu, this time you do not have the Hon Minority Leader's authority, so I could move on.
Mr S. Mahama 3:39 a.m.
Mr Speaker, I have his authority.
Mr Second Deputy Speaker 3:39 a.m.
Very well.
Mr Shaibu Mahama on behalf of (Mr Haruna Iddrisu) 3:39 a.m.
Mr Speaker, I beg to move, clause 1, subclause 2, line 2, before “multilateral'' insert “bilateral or''.
Mr Speaker, the new rendition would be 3:39 a.m.
“Despite subsection (1), this Act shall not apply to a development finance institution governed by a bilateral or multilateral treaty or under a sovereign bilateral agreements operating in the country''.
Mr Speaker, the reason is treaties could either be bilateral or multilateral.
Mr Second Deputy Speaker 3:39 a.m.
What about the “sovereign bilateral agreements''?
Mr S. Mahama 3:39 a.m.
Mr Speaker, I want to propose a further amendment to add “or multilateral'' after “bilateral'', in line 3.
Mr Second Deputy Speaker 3:39 a.m.
What do you mean? Under “sovereign bilateral'' or “multilateral''?
Mr S. Mahama 3:39 a.m.
Mr Speaker, under “sovereign bilateral or multilateral agreements in the country”.
Mr Second Deputy Speaker 3:39 a.m.
What is the difference?
Mr S. Mahama 3:39 a.m.
Mr Speaker, if the first amendment is carried, at the end of the clause, we would only have “bilateral'' but I want to propose a new amendment, which would read:
Mr Kyei-Mensah-Bonsu 6:11 p.m.
Mr Speaker, our Colleague, Hon Shaibu started by saying that he has the authority of the Hon Minority Leader to move the amendment but he has been able to add another amendment.
I would want to know whether he was inspired by the Hon Minority Leader to move that further amendment or that amendment was being moved by himself? I believe that because of the content of clause 1, subclause (2), the mischief that the Minority Leader set to cure is already covered so he does not really need to move that amendment.
Mr Speaker, I believe my Hon Colleague would be advised to withdraw the amendment other than that you can put the Question so we move ahead except to say that because of what we have done in clause 1, subclause (1) when we come
to clause 1, subclause (2), we shall have to delete the word “shall” in line 1 and rather insert “does” so that it will read:
“Despite subsection (1), this Act does not apply…”
Mr Shaibu Mahama 6:11 p.m.
Mr Speaker, I will abandon the amendment and support the further amendment to delete “shall” and insert “does”. Because we used “applies to” in clause 1, subclause (1), when we come to subclause (2), it should read:
Mr Second Deputy Speaker 6:11 p.m.
So, the amendment moved by the Hon Majority Leader is to delete “shall” and insert “does” and that is what you are supporting?.
Mr Banda 6:11 p.m.
Mr Speaker, it is so because in clause 1, subclause (1), the preamble states, “This Act applies…” or “This Act does apply…” but the correct rendition is “This Act applies…”.
So, in order to bring clause 1, subclause (2) to be in consistence with clause 1, subclause (1), once it is within the same clause, then it is
appropriate to say, “does not apply to a development…” so that there would be internal consistency.
Question put and amendment agreed to.
Clause 1 as amended ordered to stand part of the Bill.
Clause 2 -- Application of an enactment.
Dr Assibey-Yeboah 6:11 p.m.
Mr Speaker, I beg to move, clause 2, subclause (1), delete and insert the following:
“(1) This Act shall be read together with other enact- ments and in particular
(a) the Companies Act of 2019 (Act 992);
(b) the Anti-Money Laun- dering Act of 2008 (Act 749); and
(c) the Anti-Terrorism Act of 2008 (Act 762) and shall not except as otherwise provided in this Act derogate from the provi- sions of those enactments.”
Mr Speaker, this is just a redrafting to make it neater.
Mr S. Mahama 6:11 p.m.
Mr Speaker, I would want to agree up to a certain extent, safe to say that we have been drafting using the word “including” but this reads:
“(1) This Act shall be read together with other enact- ments and in particular…”
Instead of “in particular” we use “including”;
“(1) This Act shall be read together with other enact- ments including
(a) the Companies Act of 2019 (Act 992);
(b) the Anti-Money Laun- dering Act of 2008 (Act 749); and
(c) the Anti-Terrorism Act of 2008 (Act 762)…”
Instead of “and in particular”. This is the drafting style we have adopted.
Mr Second Deputy Speaker 6:11 p.m.
Well, you are proffering a further amendment to the amendment that has been moved?.
Mr Second Deputy Speaker 6:11 p.m.
Well, even if we leave it as it is, I do not see anything wrong with it. Definitely, if the enactment is not relevant, there would be no need to read them together.
So, I think that we should accept the proposed amendment by the Hon Chairman of the Committee because when we say “including”, it is general in nature. Instead of drafting it in a general manner, they are drawing one's attention to specific enactments one should place some emphasis on. So, when they say “in particular”, I think that should be all right unless the House says otherwise.
Mr Banda 6:11 p.m.
Mr Speaker, I think that you are right because that is the import of this proposed amendment. It is intended to mean that when we are looking at the other relevant enactments, we cannot sidestep these enactments which have been under listed.
So, much emphasis has to be laid on paragraphs (a), (b) and (c) but to use “including” will make it appear as if it is to be treated as equally important as any other enactment but that is not the intendment.
Mr Speaker, I support the Hon Chairman's rendition and the further improvement by the Hon Majority Leader that we should probably insert; ‘with other relevant'. So that it will read; ‘This Act shall be read together with other relevant enactment.'
It is not any other enactment but ‘any other relevant enactment.'
Mr Second Deputy Speaker 6:21 p.m.
Hon Members, there is a further amendment proposed by the Hon Majority Leader and so, it will read;
“This Act shall be read together with other relevant enactments and in particular”.
Mr R. Acheampong 6:21 p.m.
Mr Speaker, I just want the Hon Chairman to advert his mind to -- I have in my hands, Act 930 and section 2 of this Act, it seems like they have used the same content for this very Bill.
If we read Act 930 (2) (1), it reads;
“This Act shall be read together with the Company's Act, 1963 and shall not except as otherwise
provided in this Act derogate from the provisions of that Act.
(2) Where there is a conflict or inconsistency between the Companies Act, 1963 and this Act, this Act shall prevail”.
Mr Speaker, it is because the Company's Act was mentioned in subsection (1), the reference was also made to subsection (1). However, this is the case where we made reference to three laws which are the Companies Act of 2019, Anti-Money Laundering Act of 2008 and Anti- Terrorism Act of 2008. So, if we are saying; ‘and any other law', which law are we envisaging here that we want to read together with this very Act? Why are we expanding the scope to include ‘any other law' which we are not envisaging now? That is my difficulty and if we could expatiate on it?.
Mr Second Deputy Speaker 6:21 p.m.
I do not know where you got that from?. We are still at clause 2(1) but what you said, you are now on clause 2(2) and added some other things that are not here.
So, let me put the Question on the proposed amendment by the Hon Majority Leader.
Mr Second Deputy Speaker 6:21 p.m.
Hon Richard Acheampong, you can now raise your issue.
Mr R. Acheampong 6:21 p.m.
Mr Speaker, my issue has to do with sub- clause (2) and it reads: ‘Where there is a conflict or inconsistency between the Companies Act, 2019 (Act 992) and this Act, this Act shall prevail”.
Mr Speaker, meanwhile, we are saying that we should read it together with three other laws under clause 2(1) (a), (b) and (c). So, my point is why we are making reference to only the Companies Act?
If I made reference to Act 930 which mentions the Companies Act, I made the reference specifically to, only the Companies Act but here, we have made reference to three Acts -
- 6:21 p.m.
Mr Second Deputy Speaker 6:21 p.m.
Yes, Hon Member, it is a good point you have raised but what is the proposed amendment?
Mr R. Acheampong 6:21 p.m.
Mr Speaker, I beg to move that we treat the three other Acts mentioned under clause 2(1) (a), (b) and (c).
Mr Second Deputy Speaker 6:21 p.m.
Hon Member, what about if we say; “Where there is a conflict or inconsistency between this Act and any other relevant enactment, this Act shall prevail”?
Mr R. Acheampong 6:21 p.m.
Mr Speaker, that will bring out the meaning I am trying to convey.
Mr Second Deputy Speaker 6:21 p.m.
Yes. So that we do not restrict it to only the three Acts but since we talked about ‘relevant enactments --
Hon Chairman, are you with me?
Mr Banda 6:21 p.m.
Mr Speaker, it appears that it was an oversight but I am not amending clause 2 (2). This is because we have not mentioned only one enactment but three. So, I believe that the provision in clause 2 (2) should be couched in such a manner that; ‘Where there is a conflict between this enactment and any other enactment, the provision of this enactment shall prevail'.
However, to restrict it to just the Companies Act will be interpreted to me that in case there is a conflict between this Act and any of the provisions in the Anti-Monetary Laundering Act for instance or the Anti-Terrorism Act, what it means is that the provisions in those Acts by
dint of interpretation will prevail but I do not think that is the intendment.
Mr Speaker, so, probably, we have to build the language --
Mr Second Deputy Speaker 6:21 p.m.
Yes, that is why I proposed that instead of repeating the three enactments, we just use the phrase - ‘any relevant enactment'. It will read;
“Where there is a conflict or inconsistency between this Act and any other relevant enactment, this Act shall prevail”.
Mr Kyei-Mensah-Bonsu 6:21 p.m.
Mr Speaker, I believe that to the extent that we have particular words, some enactments, we will have to, about have a construction that will mirror what obtains in clause 2(1). We do not have to mention all those enactments but we can perhaps, have a construction which may read;
‘Where there is a conflict or inconsistency between this Act and the enactments --
Mr Second Deputy Speaker 6:31 p.m.
Hon Majority Leader, add ‘and any relevant enactment'
Mr Kyei-Mensah-Bonsu 6:31 p.m.
Mr Speaker, ‘…the enactments stipulated in subsection of section 2 or any other enactment, the provisions of this Act shall prevail.
Mr Speaker, because we have particularised -- in clause 2(1) we mentioned these three enactments and added “any other relevant enactments”. In subclause 2, if we want to provide a construction that obtains in clause 2(1) then we would still have to mention this but we may not necessarily have to mention the enactments. We can only refer to the enactments mentioned in subclause (1) of clause (2) and any other relevant enactment. I think this would be a better construction.
Alhaji I.A.B. Fuseini 6:31 p.m.
Mr Speaker, clause 2(2) is of a specific nature. Clause 2(1) (a) and (b) are provisions that criminalise conduct. So, clause 2(1) (b) is criminalising a particular conduct which results in money laundering. Clause 2(1) (c) is criminalising conduct which culminates in anti-terrorism and terrorism. Clause 2(1) (a) regulates the setting up of companies and this Bill is to establish a company and the only likely contravention with the provisions of the Companies Act would be this particular Bill. That is why the requirement of primacy is set
Mr Second Deputy Speaker 6:31 p.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 6:31 p.m.
Mr Speaker, I believe the rationalisation by the Hon Member for Tamale Central settles the issue because some of the other relevant enactments outside what has been stipulated here which for instance includes the Narcotic Control Commission Act that we passed recently. It is one of the relevant enactments that has not been listed here.
We are particularising the Companies Act of 2019 because of this particular reason. I was not at the Finance Committee meeting and in my view this rationalisation would settle the issue for us because I was looking at the plethora of enactments and how we would deal with them. So, I believe this justification provides a better explanation as to why it is only the Companies Act that has been mentioned in clause 2(2). Mr Speaker, I am not only convinced but I am persuaded by what the Hon Member said.
Dr Assibey-Yeboah 6:31 p.m.
Mr Speaker, I only want to remind the Hon Majority Leader that he attended the Finance Committee meeting that considered this Bill. Other Hon Members including Hon Shaibu Mahama and Hon Banda were present.
Mr Kyei-Mensah-Bonsu 6:31 p.m.
[Interruption]
Dr Assibey-Yeboah 6:31 p.m.
Mr Speaker, at the start of the consideration he was not there.
Mr Kyei-Mensah-Bonsu 6:31 p.m.
Yes.
Dr Assibey-Yeboah 6:31 p.m.
I am only saying this so that we would be guided at winnowing that you were all present.
Mr Second Deputy Speaker 6:31 p.m.
Is there a possibility that there could be a conflict between the Criminal and Other Offences Act and this particular Bill? Are we saying that there is no opportunity of a conflict between these two Acts?
Hon Member for Tamale Central?
Alhaji I.A.B. Fuseini 6:31 p.m.
Mr Speaker, the remotest conflict between this Bill in terms of the category of crimes that are likely to be committed under this Bill would be in the sentencing regime. But this Bill would create offences that add to the Criminal Offences Act but limited to the establishment of this institution. So, when an offence is created under this institution and that offence is similar in nature to an offence provided under the Criminal Code, what needs to be done is to align the sentencing regime. If not, we would give --
Mr Second Deputy Speaker 6:31 p.m.
Hon Member, look at clause 115 on General Penalty. “A person who commits an offence under this Act, for which a penalty is not provided is liable on summary conviction …”
I believe we have a similar provision in the Criminal and Other Offences Act. Is that the case?
Alhaji I.A.B. Fuseini 6:41 p.m.
Mr Speaker, what this provision in clause 115 is saying is that, the Bill is creating offences and prescribing penalties. However, if in this Bill, there is an offence created and not in the Criminal and other Offences Act, for which a penalty is not provided, we do not go to the Criminal and other Offences Act but we rather come to clause 115 and apply any of the penalties prescribed to that offence.
Mr Second Deputy Speaker 6:41 p.m.
But we have to look at the offences created by this Act and see whether in the Criminal and other Offences Act there are not similar offences created. I am not too sure, that is why I am raising the issues so that we clarify and be certain before I put the Question.
Yes, Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs?
Mr Banda 6:41 p.m.
Mr Speaker, I just would want to state a general principle of law where for instance, an offence is created into enactment and punishments are provided differently into enactment. Particularly so is with respect to possession of fire arms. It is an offence under the Criminal and other Offences Act and also an offence under the NRCD. So these are offences in two different enactments with two different sanction regimes.
Mr Speaker, what a prosecutor would have to do is to elect which of the enactments the prosecutor would want to prosecute the offending person under.
However, Mr Speaker, with particular reference to this one, where an offence is committed under this, it would be out of ordinary for a prosecuting officer to go under any other enactment apart from this one to have resort or recourse to prosecution. Definitely, the prosecuting officer would have to come under this enactment in order to prosecute the person.
Mr Speaker, with the provision you referred to, just as the Hon Ranking Member stated, is a generic provision where in this Bill, no sanction regime has been provided for a specific offence. This generic provision is saying that it shall then apply.
Mr Speaker, to sum up, where an offence is created into an enactment, where punishment regimes are differently constituted, the prosecuting officer would just elect to go for either of the two enactments.
Mr Second Deputy Speaker 6:41 p.m.
If the House is certain, I would put the Question?.
What the Hon Member for Tamale Central has stated, and I hear the Hon Majority Leader and Chairman say they are persuaded by his submission is for us to retain the provision as it is.
The proposed amendment by the Hon Acheampong is what we are debating. In view of the submission made by the Hon Member for Tamale Central, are you still insisting or you would reconsider your position?.
Mr R. Acheampong 6:41 p.m.
Mr Speaker, I have abandoned it. I am inclined to go by the Hon Member's explanation.

Clause 2 as amended ordered to stand part of the Bill.

Clause 3 -- Development finance business
Mr Kyei-Mensah-Bonsu 6:41 p.m.
Mr Speaker, I rose up before you put the Question, but really, it is a minor thing that I believe the draftspersons could attend to. It relates to the amendment proffered by the Hon Chairman with respect to clause 2(1). In the closing phrase “and shall not”, we should have inserted two commas; one after “not” and the other after “Act” so that it reads: “and shall not”, then the words in parenthesis “except otherwise provided in this Act derogate from the provisions of this enactment”.
So they are just two minor things.
Mr Second Deputy Speaker 6:41 p.m.
Just to draw the attention of the draftsperson to that. You know some people are “comma shy” when they are writing. Punctuations are always a difficulty to many. So the draftsperson should take care of that.
Clause 3, item numbered (iv) on the Order Paper in the name of the Hon Minority Leader.
Mr S. Mahama 6:41 p.m.
Mr Speaker, I beg to move, clause 3, subclause (1), paragraph (a), line 1, before “laws”, insert “Companies Act, 2019 (Act 992) and relevant”?
Mr Second Deputy Speaker 6:41 p.m.
Yes, Ras Mubarak?
Mr Ras Mubarak 6:41 p.m.
Mr Speaker, in this case, we would have to delete “laws”. Once the House agrees to do the insertion --
Mr Second Deputy Speaker 6:41 p.m.
Are you proposing a new amendment?
Mr Ras Mubarak 6:41 p.m.
Yes, Mr Speaker.
Mr Second Deputy Speaker 6:41 p.m.
Let us deal with the proposed amendment first and come to yours.
Mr Ras Mubarak 6:41 p.m.
All right.
Mr Second Deputy Speaker 6:41 p.m.
Or you just wanted us to say that “a body corporate registered under the Companies Act, 2019 (Act 992) and relevant laws of this country?.
Mr S. Mahama 6:41 p.m.
Mr Speaker, I humbly would want to withdraw the proposed amendment. The Companies Act, 2019 (Act 992) and relevant laws are laws of the country. And so I humbly would want to withdraw the amendment.
Mr Second Deputy Speaker 6:41 p.m.
Is that part of the authority given to you? Was the authority given you to move amendments or withdraw? [Laughter.]
Mr Second Deputy Speaker 6:41 p.m.
There is a second proposed amendment standing in the name of the Hon Minority Leader to clause 3(1) again.
Hon S. Mahama, do you not have his permission to move this amendment?.
Mr S. Mahama 6:51 p.m.
Mr Speaker, I beg to move, clause 3, subclause (1) paragraph (b), after “Ghana”, add “as a development finance institution”.
Mr Speaker, the new rendition would be 6:51 p.m.
“A development finance activity prescribed by the Bank of Ghana as a development finance institution.”
Mr Second Deputy Speaker 6:51 p.m.
You read the clause 3, subclause 1:
“Subject to this Act, a person shall not carry out development finance business in the country unless that person is
(b) licensed by the Bank of Ghana”.
And you said we should add as a development finance institution. It is in the opening -- As a lawyer, you know that when you ask a brief as a senior -- [Laughter] - It is not too good. You will pass it on to the junior counsels to go and try their luck. Is that what has happened to you?
Mr S. Mahama 6:51 p.m.
Mr Speaker, rightly so. [Laughter]
Mr Speaker, I humbly withdraw this one too.
Mr Second Deputy Speaker 6:51 p.m.
Hon Members, this one too is withdrawn.
Dr Assibey-Yeboah 6:51 p.m.
Mr Speaker, I beg to move, subclause (2), paragraph (a), lines 3 and 4, delete “under a national development policy”.
Mr Speaker, it would read 6:51 p.m.
“The provision of medium to long-term fund, short-term funding, guarantees and other credit enhancement structures to key sectors of the economy in a financially - sustainable manner.”
Mr Speaker, if we restrict this to national development planning policy,
inasmuch as we do not have one, we are going to be constrained here.
Mr Second Deputy Speaker 6:51 p.m.
We do not have a national development policy? It might not be in one codified document but at least as a country, we have a national development policy.
Mr Ras Mubarak 6:51 p.m.
Mr Speaker, we have the MBPC that made some proposals in the last Administration. It was for a forty-year national development plan but I am afraid it has been abandoned. So on record, we do not have a national development policy.
Mr Second Deputy Speaker 6:51 p.m.
When you go to the provisions of the Constitution, it is clear that each President within two years is to submit something to this House for approval. [Interruptions] -- That is a development planning policy. It is mid- year. They do say long-term [Interruptions] -- But Ghana Beyond Aid has not yet come forward for approval.
Mr Kyei-Mensah-Bonsu 6:51 p.m.
Mr Speaker, I believe we can conveniently delete that phrase as proposed by the Committee.
Mr Speaker, you would remember that in crafting the Petroleum Revenue Management Act, we were confronted with the same challenge and then we said that until we had it, the Hon Minister for Finance would submit some format to this House for approval, which is what we have been doing. So I believe that if we deleted it, it would not hurt a fly so that we can move on.
Mr S. Mahama 6:51 p.m.
Mr Speaker, if even there is a national development policy, for purposes of this Act, we do not want to restrict the provision of medium to long-term funding from key sectors of the economy that are under the national development plan. Indeed, there would be some financing or funding short or medium- term that may not be under a national development plan policy. So the restriction is what we are trying to avoid to make it quite open ended.
Question put and amendment agreed to.
Dr Assibey-Yeboah 6:51 p.m.
Mr Speaker, I beg to move, subclause (3), opening phrase, line 2, delete “at”.
Mr Speaker, this is because in paragraphs (a) and (b), we would further delete the opening word, “least” to “not less than” and then “not
Mr Kyei-Mensah-Bonsu 6:51 p.m.
Mr Speaker, even if we are not deleting, the position of the “at” there it is wrong.
Question put and amendment agreed to.
Dr Assibey-Yeboah 6:51 p.m.
Mr Speaker, I beg to move, subclause (3), paragraph (a), line 1, delete “least” and insert “not less than”.
Mr Speaker, though not advertised, there would be a similar amendment after this in paragraph (b).
Mr Second Deputy Speaker 6:51 p.m.
And the (b) is also “not less than”?
Dr Assibey-Yeboah 6:51 p.m.
Mr Speaker, in (b), it would be “not more than”. We would delete most and insert “not more than”.
Mr Second Deputy Speaker 6:51 p.m.
Hon Members, I take it that he has done item (viii) and the not advertised one in (b). So the two are moved together.
Question put and amendment agreed to.
Dr Assibey-Yeboah 6:51 p.m.
Mr Speaker, I beg to move, subclause (4), delete.
Mr Speaker, subclause 4 gives the power to Bank of Ghana to vary thresholds specified in subsection 3. We want to take that discretion away from the bank.
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Clause 4 -- Role of the Bank of Ghana
Mr Second Deputy Speaker 7:01 p.m.
This proposed amendment stands in the name of the Hon Minority Leader. Hon Members, It reads:
“Clause 4, “subclause (4), line 4, before “responsibilities”, insert “regulatory and supervisory”…
Anyway, he is not here to move so --
rose
Mr Second Deputy Speaker 7:01 p.m.
Hon Member, are you there to move on his behalf? - All right.
Mr S. Mahama 7:01 p.m.
Mr Speaker, I beg to move, clause 4, subclause (4), line 4, before “responsibilities”, insert “regulatory and supervisory”.
Mr Speaker, the new rendition would be 7:01 p.m.
“The Bank of Ghana may authorise the head of the supervisory structures or any other person to exercise a power and perform an act that the Bank of Ghana considers appropriate in order to discharge the regulatory and supervisory responsibilities of the Bank of Ghana under this Act.”
Mr Second Deputy Speaker 7:01 p.m.
Hon Member, what about the monitoring responsibilities? You are becoming specific. There are many responsibilities of the Bank. That is why they have couched it in that general term.
Dr Assibey-Yeboah 7:01 p.m.
Mr Speaker, this flows from clause 4 (1), which reads as:
“The Bank of Ghana shall have overall regulatory and supervisory authority…”.
Mr Second Deputy Speaker 7:01 p.m.
Hon Chairman, clause 4 (1), restricting that to the business of development finance institutions. So, it says:
“The Bank of Ghana shall exercise overall regulatory and super-visory authority in matters relating to the business of development finance institutions in the country.”
But in clause 4(4), it deals with the general.
“The Bank of Ghana may authorise the heads of the supervisory structures or any other person to exercise a power and perform an act that the Bank of Ghana considers appropriate in order to discharge responsibilities of the Bank of Ghana under this Act.”
So it is not limited to regulatory and supervisory; it goes beyond that.
Dr Assibey-Yeboah 7:01 p.m.
Mr Speaker, when it comes to the functions of the Bank of Ghana in dealing with banks and for that matter, the development finance institutions, the Bank of Ghana is the regulator and then what they do on day-to-day basis is their supervisory function.
Mr Second Deputy Speaker 7:01 p.m.
Hon Member, do not forget there is “…or any other person…”
Dr Assibey-Yeboah 7:01 p.m.
Mr Speaker, that is to say that, if it is not the head per se, there could a delegated -- [Interruption] or any other person either than the head of the Banking Supervisory Division.
Mr Second Deputy Speaker 7:01 p.m.
Hon Member, in one sense you are right, but this is opening up to beyond that one. It says:
“…and perform an act that the Bank of Ghana considers appropriate in order to discharge the responsibilities of the Bank of Ghana under this Act.”
So it is not only limiting it to the regulatory and supervisory functions. The fact that clause 4 (1) talks about “regulatory and supervisory“ does not mean that it should run through all the other clauses, because the headnote says: “Role of the Bank of Ghana.” So, that is what we are talking about under clause 4.
Alhaji I.A.B. Fuseini 7:01 p.m.
Mr Speaker, even though I get from the Hon Minority Leader that it flows from the subclause (1), it is important to look at the adjective “overall”. It means that other institutions might have, but this is responsible overall.
Mr Speaker, I agree with your view on that. When we look at paragraph (c), unless of course, we are necessarily importing into the supervisory and regulatory jurisdiction of the Bank of Ghana, investigative and monitoring activities. Subclause (2) (b) is more of monitoring to ensure compliance. Subclause (2) (c) deals with the investigative powers of the Bank of Ghana over unlawful activities.
The only way we can capture subclause (2) (b) and (d) in the amendment is, if we agree on those exercises: the monitoring and investigative powers of the Bank of Ghana are included in the supervisory and regulatory functions. If not, we should leave it the way it is, because we can now import into this provision in clause 4 and into responsibilities, all the actions that the Bank of Ghana can take in furtherance of clause 4 (1). But if we limit it to that, we may have problems. Mr Speaker, the Hon Member who moved the amendment is not here, so I oppose the amendment.
Mr Second Deputy Speaker 7:01 p.m.
Hon Member, even if he had been here, you would have still opposed it. Is it because he is not here?
When you accept that you are limiting it to only those two functions. That is my fear. He wants us to limit -- Does the Hon Chairman of the Committee support it?
Dr Assibey-Yeboah 7:01 p.m.
Mr Speaker, I oppose it vehemently.
Mr Second Deputy Speaker 7:11 a.m.
All right.
Question put and amendment negatived.
Clause 4 ordered to stand part of the Bill.
Clauses 5 and 6 ordered to stand part of the Bill.

Clause 7 -- Application for license.
Dr Assibey-Yeboah 7:11 a.m.
Mr Speaker, I beg to move, clause 7, subclause (2), paragraph (b), line 3, after “shareholders” insert “beneficial owners”.
Mr Second Deputy Speaker 7:11 a.m.
Hon Chairman, you would have to
convince us; you are calling on us to add the names, addresses, occupations, business and professional history of the beneficial owners. So, your children and all those, you have to add their names. The term “beneficial owners” is quite a large one.
Alhaji I.A.B. Fuseini 7:11 a.m.
Mr Speaker, under our obligations under World Bank treaties we have passed the Beneficial Owner Act as an amendment to the Companies Code. But now, the “beneficial ownership” is now part of the New Companies Act. The provision tries to enhance transparency and fight corruption. So that is why there is a requirement that the Bank of Ghana demands from an applicant of a license, the names, addresses and all the other requirements of significant shareholders including those who would hide their shareholding under certain names.
Mr Second Deputy Speaker 7:11 a.m.
No, I am not worried about that, but the Chairman uses the term “beneficial owners”.
Alhaji I.A.B. Fuseini 7:11 a.m.
If a person hides his shares under a name, the beneficiary owner‘s name should be disclosed. That is what we are saying here. Someone is holding the shares in trust for another person. So the
Mr Second Deputy Speaker 7:11 a.m.
is it owner or owners?
Alhaji I.A.B. Fuseini 7:11 a.m.
Yes, the “s” will go or the “s” has been added because of “shareholders”.
Mr Second Deputy Speaker 7:11 a.m.
I am looking at the practicability of that because “beneficial owners” would be a large number of people and we have to put all their names, addresses and other information there.
Alhaji I.A.B. Fuseini 7:11 a.m.
Mr Speaker, I was just putting -- [Interruption] -- when we are considering this thing we saw that in registering for a license for a development finance company, there is requirement to disclose the names of significant shareholders so that we know where the funds are coming from and who are behind it. It is also important that they disclose the respective values.
So to conclude that that person is holding significant shares, we also know the values but there was an omission because “beneficial owners” can still hide under development finance institutions to protect their interest. So, we say that it is important that “beneficial owners” also disclose if they are beneficial owners.
Mr Second Deputy Speaker 7:11 a.m.
I am looking at the definition of “beneficial owner” at page 77:
“A beneficial owner means an individual
(a) who directly or indirectly ultimately owns or exercises substantial control over a person or company;
(b) who has substantial econo- mic interest in or receives substantial economic benefits from a company whether acting alone or together with other persons or;
(c) who exercises significant control or influence over a legal person or legal arrangement through a formal or informal agreement”.
We believe we can practicalise it. so; we have to drop the “s” because the “shareholders” So it would also be “beneficial owners”.
Well, the House has taken a decision; I am not with it but I will put the Question.
The names, addresses, occupations, business and profe- ssional history, certified financial positions and corporate affiliations of the significant shareholders. And you are adding “beneficial owners”.
Question put and amendment agreed to.
Mr Second Deputy Speaker 7:11 a.m.
Hon Members, the item numbered xii?
Dr Assibey-Yeboah 7:11 a.m.
Mr Speaker, I beg to move, clause 7, subclause (8), line 5, delete “subsequently” and insert “shall within three months”.
Mr Kyei-Mensah-Bonsu 7:11 a.m.
Mr Speaker, before the Chairman travels to subclause 8, maybe, we could have a minor amendment to clause 7, subclause (2) (d), line 3, I believe we have to delete “business” and insert “institutions”.
The new amendment reads:
“The proposed directors include management personnel con- cerned with the management finance institution”.
Mr Second Deputy Speaker 7:21 a.m.
Hon Majority Leader, it is also in clause 7, subclause (2) (a), line 4. They have been using “business” all over.
Mr Kyei-Mensah-Bonsu 7:21 a.m.
Mr Speaker, this has to do with the
management of the institution, it is not like in clause 7, subclause (2)(a) which says:
“a certified true copy of the constitution of the company or other relevant instrument relating to the proposed development finance institution under which the person proposing to carry on a development finance business was established”.
In the context, that one is appropriate, but when you come to clause 7 (2)(d), they are relating to the body and not the business. It is the body, so:
“the particulars of the proposed directors and key management personnel concerned with the management of the development finance institution”.
Mr Second Deputy Speaker 7:21 a.m.
Hon Chairman, you have heard the Hon Majority Leader, what do you say to the proposed amendment?
Alhaji I.A.B. Fuseini 7:21 a.m.
Mr Speaker, the Hon Majority Leader has a point but in this particular subclause (d), “business” is not used as an entity but as an activity, like a banking business. He should read it very well. It says,
“the particulars of the proposed directors and key management
Alhaji I.A.B. Fuseini 7:21 a.m.
personnel concerned with the management of the development finance institution”.

Question put and amendment agreed to.
Mr Second Deputy Speaker 7:21 a.m.
Now, let us go to the proposed amendment by the Hon Chairman of the Committee.
Dr Assibey-Yeboah 7:21 a.m.
Mr Speaker, I beg to move, clause 7, subclause (8), line 5, delete “subsequently” and insert “shall within three months”. Mr Speaker, “subsequently” appears vague, so we want to put a timeframe to this, hence “shall within three months”.
Question put and amendment agreed to.
Mr Second Deputy Speaker 7:21 a.m.
This one is being specific, “shall within three months” but before, it was there as “subsequently”.

Hon Minority Leader, which one? Are you warming up? Then let me put the Question on clause 7. You are not in support of the amendment? Yes, Hon Minority Leader, clause 7?
Mr Iddrisu 7:21 a.m.
Mr Speaker, I was warming up because I had just requested for a copy of the Bill from the Table.
Mr Second Deputy Speaker 7:21 a.m.
If you are taking us back to clause 7 (1), let me put the Question on the clause 7 (8), then you can propose your amendment. Sorry, I have done that of subclause 8. I was going to put the Question on the whole of the clause when you stopped me, so Hon Minority Leader, clause 7(1)?
Mr Kyei-Mensah-Bonsu 7:21 a.m.
Mr Speaker, you did not put the Question on clause 7 (8). [Interruption]
Mr Second Deputy Speaker 7:21 a.m.
I put the Question on the proposed amendment by the Hon Chairman on subclause 8.
Mr Kyei-Mensah-Bonsu 7:21 a.m.
Mr Speaker, you were about to put the Question, then the Hon Minority Leader rose up, so I thought he was going to proffer an amendment to clause 7 (8). When the Hon Minority Leader got up, I thought that he was going to proffer an amendment to
clause 7 (8) but it ends up that he wanted to proffer an amendment to some other subclauses.
Mr Speaker, I just want to know from the Hon Chairman why the Bank of Ghana requires three months to inform an applicant in writing of a decision of the Bank? Why three months? I do not understand why they require as much as three months to inform the applicant in writing of the decision of the Bank. Clause 7 (8) provides:
“Despite paragraph (b) of subsection (7), where the Bank of Ghana determines that further investigation or information is required to process the application, the Bank of Ghana shall within fourteen days after the six month period specified under paragraph (b) of subsection (7), notify the applicant and subsequently inform the applicant in writing of the decision of the Bank of Ghana.”
Mr Speaker, if they have to notify the applicant, why do they require another three months just to inform the applicant in writing of the decision of the Bank? That then would mean that they alone would require more than nine and a half months. I do not
think that is right. I would think that if they have to notify the applicant after the 14 days, they require not more than another 14 days to inform the applicant. This then would make it a total of one month. They do not require another three months just to notify the applicant.
Dr Assibey-Yeboah 7:21 a.m.
Mr Speaker, the Bank would have notified the applicant anyway. In the Bill currently, it says, “the Bank shall subsequently inform the applicant”. We felt that the word “subsequently” is vague and could take forever, so why not limit it to three months? However, it says “within three months”. Having notified the applicant, why would it take another three months, because they would have notified the applicant.
Mr Speaker, this would be an improvement on what pertains in the Banks and Specialised Deposit- Taking Institutions Act from where they must have lifted this. Over there, “subsequently” applies. We are saying that that is vague, so we put in a timeframe. If the Hon Majority Leader is suggesting that three months is too long a time -- We are saying within and having notified them, why would it take them three months? Within three months could be two days -- [Interruption] -- but “subsequently” which was in the Bill
Mr Second Deputy Speaker 7:21 a.m.
The way the Hon Chairman is looking at it is to notify the applicant of the decision of the Bank, use three months to write the reasons behind the decision and then pass that on. Maybe, something like that, but let me listen to the Hon Chairman of the Committee on Constitutional , Legal and Parliamentary Affairs.
Mr Banda 7:31 p.m.
Mr Speaker, I support the Hon Chairman on the first part of his proposed amendment that we should delete “subsequently”. Obviously, “subsequently'. Obviously “subsequently'', is vague. However, if we read the concluding part of subclause 8 and what the Bank of Ghana is required to do, it would be disproportionate for the Bank of Ghana to be given three months to just communicate a decision to an applicant. I agree to the proposed amendment of the Hon Majority Leader that the three months period has to be abridged because three months just to communicate a decision to an applicant is too much of a time.
I want to propose that instead of three months, he should be given two
weeks. Just as in 14 days in line 3, I believe 14 days in the fifth line, within which the Bank of Ghana should communicate the decision to the applicant would suffice but the three months is too long a period.
Mr Iddrisu 7:31 p.m.
Mr Speaker, even though I agree with the Hon Majority Leader that three months would be too long a period of a time, we need to understand the nature and character of development finance institutions.
There are multilateral development finance institutions and there are bilateral development finance institutions. We are not just looking at the creation of a new type of an innovative bank. No! These are specialised financial institutions such as the FMB Bank or even the African Development Bank. So to shorten the period, we need to allow the Bank of Ghana as a regulator to conduct due diligence to satisfy itself that indeed, one qualifies to be a development finance institution. Whiles I agree that three months is too long, we should make it a month, which is 30 days.
Alhaji I.A.B. Fuseini 7:31 p.m.
Mr Speaker, I do not even think that they need 30 days. This is because clause 7 (8) says that:
“Despite paragraph (b) of subsection (7), which says that within six months of the receipt of an application communicate
the decision of the Bank in writing to the applicant''.
Subclause 8, provides an addition and that is why it said “despite'' : “Where the Bank of Ghana determines that further investigation or information is required to process the application.'' It is not a rejection. They need further investigation or information to be conducted.
This provision appears to give the Bank of Ghana the latitude to inform them orally that they need further information and to follow that information up with a letter in writing. That is why the word “subsequently'', has been used. I agree that the word is at large but they require a very short time to do that. They have already determined that and have informed them within 14 days after the six months.
Dr Marfo 7:31 p.m.
Mr Speaker, if we read clause 7 paragraph (b) very well, it says that the Bank of Ghana is given six months to take a decision on the application and subclause 8 says that where the bank thinks that there is the need for further investigation and information, and the bank would be required within two weeks, to inform the applicant and then subsequent to
that within three months communicate their decision to the applicant. The three months would be adequate because ordinarily, a decision that would take the Bank of Ghana, six months and they cannot resolve means that there may be a problem that requires further investigation.
If we give them one month comparing a problem or an issue that they could not resolve within six months, they may not be able to resolve the difficulty. That is why I think that within three months gives the bank enough space to be able to work the issues out and then take a decision. To the extent that we want to limit the bank to take a decision, we need to give them some laxity. If we give them only a month and the decision that they could not take within six months, they may not be able to take it within a month. Within three months should be adequate.
Mr Second Deputy Speaker 7:31 p.m.
Hon Members, we have to breakdown that provision for Members to understand the import of the word “subsequently''. First, the bank is to take six months on receipt of an application to inform the applicant of the bank's decision. At the end of the sixth month, the bank would take a decision that there is the need for further investigation and so, it would communicate that decision to
Mr Ahiafor 7:41 p.m.
Mr Speaker, the confusion around this particular clause emanates from the fact that we think that within the 14 days' notice would be given and the notice could be by way of a telephone call. So, somebody may think that it is the decision of that notice that they would give but that is not the understanding.
They have six months within which to take the decision on whether to grant the licence or not. But one needs further information as a result of which they are not going to take the decision within the six months. Then, within 14 days they give the person notice that based on the further information that I need, I cannot give the decision
within the six months. The law is saying that upon further investigation, the decision of Bank of Ghana must be given within three months. So, if we reduce it to 30 days, I believe strongly that this would be too short for that decision to be given. We should go by the three months within which the decision would have to be given.
Mr Second Deputy Speaker 7:41 p.m.
Hon Member, because of the lack of certainty that is why they used the word, “subsequently” because we cannot be certain as to when if it is investigation, such would be concluded?.
Mr Bernard Ahiafor 7:41 p.m.
Mr Speaker, so, if we are changing the word, “subsequently” in order not to let it be at large, we need to give the Bank of Ghana adequate period in order to conduct that further investigation to be able to give their decision. If we limit it to 30 days, that period for further investigation will be too short. So, we should go by the three months within which they are to give the decision.
Mr Speaker, if after one week, they have finished, they can give their decision. The phrase is “within three months” but if we limit it to within one month, it means that if the further investigation would even have to go beyond 30 days, they would be
limited and be forced to give a decision within the 30 days. So, it should be within three months once we are taking out “subsequently” which gives them endless time to do so.
Ms Alorwu-Tay 7:41 p.m.
Mr Speaker, clause 8 says after the six months specified -- [Interruption] -- All right.
“Investigation and information is required to process the application, the Bank of Ghana shall within fourteen days --”
Mr Speaker, can we reduce that one to “seven days” and then add that to maybe, the one month and make it “one and a half months” because three months in addition to six months would be nine months in all and that can also go further in case there are issues? It is telling us that they would subsequently inform the applicant in writing within three months per what is suggested over here.
Mr Speaker, so, I think that rather informing should be seven days and then we take it from there.
Mr Second Deputy Speaker 7:41 p.m.
Hon Member, you mean we should reduce the fourteen to seven days?
Ms Alorwu-Tay 7:41 p.m.
I said the Bank of Ghana shall within fourteen days after the six months period specified under paragraph (b) of subsection (7) notify the applicants.
Mr Speaker, notification is fourteen days. I think it is too long and we should make it seven days because this is just notification.
Alhaji Inusah A. B. Fuseini 7:41 p.m.
Mr Speaker, let us go back to clause 7. The whole of clause 7 is regulating decision on an application.
Clause 7 says that;
“The Bank of Ghana shall
(a) within ten days of the receipt of an application acknowledge in writing the receipt of the application.”
So that is the first thing.
Mr Speaker, the second requirement is that
“(b) within six months after the receipt of the application communicate the decision of the Bank of Ghana in writing to the applicant.”
So, that regulates receipts of application and decision of the Bank.
Alhaji Inusah A. B. Fuseini 7:41 p.m.


Now, in a situation where the Bank of Ghana cannot comply with clause 7 (b), what happens? They have six months but they cannot make a decision and that is why clause 8 is provided. If clause 8 is not provided, then, within seven months they must make a decision and communicate same. So, clause 8 is now excepting clause 7 from the rule. If clause 8 is excepting clause 7 from the rule -

There is the need for further investigations; what happens? They would notify the person within seven months, that is, within 14 days after the six months period. So, the six months had lapsed, they would notified the person within 14 days that they require further investigations.

Mr Speaker, the notification need not be in writing because that person requires a decision in clause 7 (b) but it has lapsed, that is why they notify that person and that need not be in writing that we need further investigation.

Mr Speaker, this provision says that when they notify that person, they must subsequently follow it up in writing of the decision because the six months has passed already. So, what three months are they giving? They are only communicating their notification in writing that they want further

information. That is my understanding because it is an exception to the rule in clause 8.
Mr Kyei-Mensah-Bonsu 7:51 p.m.
Mr Speaker, first of all what we are doing is part of the framework of governance that we want to provide which would make our country investment friendly. In that regard, we should know also that Ghana is not an island. We are in competition with countries even in the sub region. So, at the end of every consideration, we should pivot whatever consideration on the fact that we are not an island and we are in competition with other countries.
Mr Speaker, now, a body submits an application for a licence and clause 7 provides that within ten working days of the receipt of the application, we must acknowledge in writing the receipt of the application. Then, within six months after the receipt, they are supposed to come with a decision after their own investigations.
But in a peculiar case within that period of ten days in addition to the six months they have not come to a decision yet because they require additional information or they want to conclude an investigation that they are conducting. So, within fourteen days, they are required to notify the person. If they require additional information,
submit the information to the person. If they want to conduct or conclude their investigation, they would want to do so within a certain defined time.
Mr Speaker, now, what is provided here in the Bill says, they still have a further three months. With three months, plus six months in addition to ten working days, we are talking about nine and half months in addition to the fourteen days which is almost ten months before one gets a licence. To me, we do not want to make our country investment friendly.
Mr Speaker, so, if they are conducting any investigation, there should be a limit to litigation and investigation because some investigation could be interminable. In that case, they come to the decision that, no, because I am not in a position to conclude this, for the time being, the person cannot have it. Let the person know that they cannot grant him or her the licence. They cannot let it go on interminably.

Mr Speaker, so, I think that the one month addition that has been given is sufficient except that we should tidy up because the proposal from the Committee was that we should delete ‘subsequently' and insert ‘shall within

three months'. Three months of what? We are now saying; ‘it shall be done within one month'. One month of what?

So, let us further qualify it by saying that;

‘Despite paragraph (b) of subsection (7), where the Bank of Ghana determines that further investigations or information is required to process the application, the Bank of Ghana shall, within fourteen days after the six month period specify under paragraph (b) of subsection (7), notify the applicant and shall, within 30 days after the expiry of the 14 day notification period, inform the applicant in writing.'

Mr Speaker, ‘inform the applicant in writing of the decision of the Bank of Ghana' what it means is that the 14 day notification period has elapsed and then we have, within one month to make a final decision.

However, if we leave it without further qualification, it is vague and that would also be suspended. So, let us further qualify that such that we are clear in our minds where the 30 days begins and that is what provision that we have added.
Alhaji I.A.B. Fuseini 7:51 p.m.
Mr Speaker, if that is the understanding then there are a couple of steps that must be addressed by this law. When the notification is sent to the applicant, how many days has he got to send the reply? It is not there. If they require further information --
‘Where the Bank determines that further investigation or information is required to process the application'.
Mr Speaker, so without receipt of the further investigation, what happens?
Mr Second Deputy Speaker 7:51 p.m.
Hon Members, can we flag this and move on?
Hon Member, we will come to your proposed amendment because we need to further discuss this issue; it is quite an important issue. I do not think that you are certain as to the period today and so, we should flag it and move on. At the winnowing stage, we can discuss it in detail, firm it and come back to the House. I am not clear in my mind as to whether it should be three months or 30 days?.
Yes, Hon Majority Leader, what do you say to that? Does it need further consideration?
Mr Kyei-Mensah-Bonsu 7:51 p.m.
Mr Speaker, we can do that except that I thought in this particular case - even the complexities which we all appreciate, we could for instance, end the first part in line 5 after “applicant”. So that it will read:
“Despite paragraph (b) of sub section 7, where the Bank of Ghana determines that further investigation or information is required to process the application, the Bank of Ghana, shall --
Mr Speaker, indeed, the 14 days as Hon Angela Alorwu-Tay said, we could then bring it down to seven days. That is, ‘within seven days after the six months period specified in paragraph (b) of sub section 7, notify the applicant.'
Then after that we create another paragraph which will then be; ‘the applicant where information is required, shall within seven days, supply information to the bank.
Then at (c), it will read; ‘The bank shall, within 30 days'. I think we could break it down that way --
Mr Second Deputy Speaker 7:51 p.m.
Hon Majority Leader, this clearly needs further interrogation. I will leave that to you and your able Committee.
Mr Kyei-Mensah-Bonsu 7:51 p.m.
[Laughter] --
Mr Second Deputy Speaker 7:51 p.m.
Let me listen to the Hon Minority Leader's proposed amendment on clause 7 (1).
Mr Iddrisu 7:51 p.m.
Mr Speaker, I beg to move that clause 7 (1), line 1, delete “who seeks” and insert ‘a person seeking' to carry on a Development Finance Business shall…
Mr Second Deputy Speaker 7:51 p.m.
Hon Minority Leader, the draftspersons will disagree with you. You realise that when you moved an amendment to clause 1 (1) to say that the Act shall apply, they said no, it is, ‘the Act applies to'.
So, there is a new form of drafting and the technical person is available and she vehemently disagrees with you. We will let it go but I will not put the Question because of subclause 8 and so, I will move to clause 9. Table Office take note that we have not completed clause 7 but we will move to clause 8.
Clause 8 -- Types of licences
Dr Assibey-Yeboah 7:51 p.m.
Mr Speaker, I beg to move that sub
clause (2), line 1, delete “may” and insert “shall”.
It will read;
‘The terms and conditions of a licence shall be stated in the notice of approval of a licence and shall be considered as part of a licence for …'
Mr Speaker, in the present circumstance, there are four classes of licences. So, the Bank of Ghana must state the terms and conditions and that is why we are changing “may” to ‘shall'…
Mr Second Deputy Speaker 8:01 p.m.
It is the approval and so it should state the terms and conditions. It is about the notice of approval of a license and it is saying that the notice of approval shall state the terms and conditions of the license.
Dr Assibey-Yeboah 8:01 p.m.
Mr Speaker, I moved the amendment in clause 8(2) and the Hon Majority Leader was drawing our attention to clause 8(1) that the concluding part “may impose” might be problematic. So, we have to first put the Question on clause 8(2) to delete “may” and insert “shall”.
Dr Assibey-Yeboah 8:01 p.m.
Mr Speaker, the amendment pertains to clause 8(2) and so we have to put the Question on that before --
Mr Second Deputy Speaker 8:01 p.m.
Yes, that is what I wanted clarification on but you said that the Hon Majority Leader said --
Dr Assibey-Yeboah 8:01 p.m.
Mr Speaker, no. He was referencing clause 8(1) but we would have to put the Question on clause 8(2) and if the Hon Majority Leader wishes to move an amendment to clause 8(1) then we would take that.
Mr Second Deputy Speaker 8:01 p.m.
Hon Members, I would put the Question on deleting “may” in line 1 of subcluase (2) and inserting “shall”.
Question put and amendment agreed to.
Mr Second Deputy Speaker 8:01 p.m.
Hon Minority Leader?
Mr Iddrisu 8:01 p.m.
Mr Speaker, with your indulgence, regarding the headnote of clause 8, are we talking about class of licences or types of
licences? More importantly, in the body of the Bill, this particular clause is about terms and conditions. In my view, it would be more acceptable to say ‘terms and conditions of class of license' because it would convey the tone of clause 8. So, it is not just types of license because clause 8(1) reads “terms and conditions”, clause 8(2) also reads “terms and conditions” and clause 8(3) reads “class of licenses”.
Mr Speaker, in subclause (4) after defining class one as development finance license, to make it more elegant, we do not need to repeat “development finance”, we just have to state ‘class one', ‘class two', ‘class three', and ‘class four'. We do not have to repeat “development finance” in each line.
Mr Speaker, I so move.
Mr Kyei-Mensah-Bonsu 8:01 p.m.
Mr Speaker, if we want the headnote to be all encompassing then we may have to amend it even though it mentions the terms and conditions of license, the terms are not stated here. They have been prescribed by the Bank of Ghana. It really relates to the class and we cannot just say that a license issues under this Act shall be designated as class one, class two, class three or class four. In that case, then in subclause (3) we would have to import the words “development
finance license” so that it would read ‘A development finance license issued under this Act shall be designated as class one, class two, class three, class four'. Mr Speaker, this would be a better construct, but I appreciate the principle if we do not have to repeat “development finance”.
So we have to lift “development finance” to the preamble of subclause (3) so that it would read ‘A development finance license issued under this Act shall be designated as class one, class two, class three, class four'.
Mr Speaker, but we may have to delete the word “impose” in clause 8(1) and replace it with either “prescribe”, “stipulate” or “determine”.
The imposition would make it appear as if it would be imposed at the instance of the Bank of Ghana. I noticed that that word is borne in the Banks and Specialised Deposit- Taking Institutions Act. I think that the Bank of Ghana determines the terms and conditions -- even though it is in the previous Act, I think that the word is too grunt. So we can replace “impose” with “determine”. It is too whimsical.
Alhaji I.A.B. Fuseini 8:01 p.m.
Mr Speaker, every certificate that is a permit has terms and conditions
imposed on the license. A violation of those terms and conditions imposed would lead to a revocation of that license. Every license is a permit otherwise then it is not a license because terms and conditions are imposed on every permit.
For instance, in respect of a driver's license one can only drive a vehicle of a certain capacity. It is a restriction imposed on the license and not prescribed. So, if a person drives beyond that capacity then there is a violation of the terms of the license and it can be withdrawn. The mining lease imposes restrictions on them and if there is a violation of the imposition of those restrictions then the license would be removed.
Mr Second Deputy Speaker 8:01 p.m.
Hon Chairman?
Dr Assibey-Yeboah 8:01 p.m.
Mr Speaker, a number of amendments have been --
Mr Second Deputy Speaker 8:01 p.m.
We are looking at subclause (1). There is no agreement on whether it is imposed or determine --
Dr Assibey-Yeboah 8:01 p.m.
Mr Speaker, let us leave it at “impose”.
Mr Second Deputy Speaker 8:01 p.m.
Alright. Then we would move to subclause (3).
Dr Assibey-Yeboah 8:11 p.m.
Mr Speaker, I would again urge the Hon Minority Leader and the Hon Majority Leader not to take out Development finance in the classes into the preambular because if you go further to subclause (4), you would see that these are named as such. For instance class 1 development finance licence, and it is defined and so is class 2 development finance and so on. So let us also leave the subclause (3) as it is.
Mr Second Deputy Speaker 8:11 p.m.
So I would put the Question on clause 8 being ordered to be part of the Bill.
Clause 8 as amended ordered to stand part of the Bill.
Mr Second Deputy Speaker 8:11 p.m.
Diminishing returns has set in; Hon Members, I am minded to adjourn. [Pause]
Hon Members, we have come to the end of the Consideration Stage of the Development Finance Institution Bill, 2020 for today.
Hon Members, we may go back to page 2 of the Order Paper. Item numbered 4 -- Presentation of Papers. Item numbered 4(c), by the Hon Chairman of the Committee of Defence and Interior.
PAPERS 8:11 p.m.
ADJOURNMENT 8:11 p.m.
  • The House was adjourned at 8:14 pm till Tuesday, 11th August, 2020 at 10.00 am.