Debates of 14 Aug 2020

MR SPEAKER
PRAYERS 11:54 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:54 a.m.
Mr Speaker 11:54 a.m.
Hon Members, we have the Votes and Proceedings of 13th August, 2020 for correction.
Page 1 …22
Mr Richard Mawuli Quashigah 11:54 a.m.
Mr Speaker, I came to this House yesterday but I have been marked absent.
Mr Speaker 11:54 a.m.
Page 22…43 --
Dr Assibey-Yeboah 11:54 a.m.
Mr Speaker, on page 32, my recollection of events from yesterday was that we ended at clause 116 but I see clause 117 numbered as item 64 on page 32. So, item numbered 64 should be deleted.
Mr Speaker 11:54 a.m.
Thank you. Very well.
Page 44 …47 --
Mr Haruna Iddrisu 11:54 a.m.
Mr Speaker, with your indulgence, on page 20, before I proposed the deletion of “who is”, the Hon Majority Leader had let the way on one of the “who is” in a particular clause but I cannot see it captured here -- [Interruption] -- Mr Speaker, that is all right.
Mr Speaker 11:54 a.m.
Page 47, 48 --
Dr Assibey-Yeboah 12:04 p.m.
Mr Speaker, again, on page 32, with item numbered 60, there were some back and forth on clause 112. There was a proposal to change “which is not fixed - [Pause] -Mr Speaker, in the Bill, we should delete “and” in line 2 before “which”.
Mr Speaker 12:04 p.m.
Page 48…50.
Hon Members, the Votes and Proceedings of Thursday, 13th August, 2020 as corrected are hereby admitted as the true record of proceedings. [Pause] At the commencement of Public Business - item numbered 4. Hon Minister for Finance?
Mr Kyei-Mensah-Bonsu 12:04 p.m.
Mr Speaker, the Hon Deputy Minister for Finance would lay items numbered 4 (a) (i) and (ii) on behalf of the Hon Minister for Finance.
Mr Speaker 12:04 p.m.
Very well.
PAPERS 12:04 p.m.
Mr Speaker 12:04 p.m.
Item numbered (b) -- Hon Minister for Sanitation and Water Resources?
Mr Kyei-Mensah-Bonsu 12:04 p.m.
Mr Speaker, the Hon Minister has signalled that she is on her way, but she is not yet in. However, the Hon Deputy Minister is present so we can allow him to lay the Paper.
Mr Speaker 12:04 p.m.
Very well.
Deputy Minister for Sanitation and Water Resources (on behalf of the Minister) --
Commercial Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Sanitation and Water Resources [Ghana Water Company Limited]) and LR Group for an amount of one hundred and thirty-three million, three hundred and thirty-two
Mr Speaker 12:04 p.m.
Item numbered (c) -- Hon Chairman of the Special Budget Committee?
By the Chairman of the Committee --
Report of the Special Budget Committee on the First Quarter Budgetary Performance of the Electoral Commission and the Road Map to Election 2020.
Mr Speaker 12:04 p.m.
Item numbered (d) -- Hon Chairman of the Finance Committee?
Dr Mark Assibey-Yeboah 12:04 p.m.
Mr Speaker, item numbered 4(d) (i) is not ready.
Mr Speaker 12:04 p.m.
Very well. We would move to (ii).
Dr Assibey-Yeboah 12:04 p.m.
Mr Speaker, before I present (ii), I would seek your leave to make some corrections. In lines 2, 3 and 4, the amount should read ‘four million, two hundred
thousand Ghana cedis (GH¢ 4,200,000.00) and not “five million, nine hundred and sixty-two thousand, five hundred Ghana cedis (GH¢5,962,500)” and in line 5, the amount should read up to ‘US$100,000,000.00' and not “US$150,000,000.00”. Mr Speaker, these corrections would further affect the subsequent Motions and Resolution.
Mr Speaker 12:04 p.m.
Very well. The corrections should be effected accordingly and same should apply to the subsequent Motions and Resolutions. Thank you.
By the Chairman of the Committee --
Report of the Finance Committee on the Request for waiver of stamp duty amounting four million, two hundred thousand Ghana cedis (GHµ 4,200,000.00) on Debenture covering an amount of up to US$100,000,000.00 in respect of the Term Loan Facility Agreement between Credit Suisse AG, London Branch and the Ghana Export-Import Bank.
Mr Speaker 12:04 p.m.
Item numbered (iii).
Dr Assibey-Yeboah 12:04 p.m.
Mr
Speaker, items numbered (iii), (iv), (v) and (vi) are all not ready.
Mr Speaker 12:04 p.m.
We would move to item numbered 4(e) (i). Hon Chairman of the Committee on Roads and Transport.
Mr Kyei-Mensah-Bonsu 12:04 p.m.
Mr Speaker, the Committee is not yet ready with their Reports and so we can stand item 4(e) (i) and (ii) down.
Mr Kyei-Mensah-Bonsu 12:04 p.m.
Mr Speaker, we can now take item numbered 12 on page 9 of the Order Paper.
Mr Speaker 12:04 p.m.
Hon Members, item numbered 12 -- Motion. Hon Chairman of the Committee?
Mr Speaker 12:04 p.m.
Item numbered 13. Hon Chairman of the Committee?
MOTIONS 12:04 p.m.
Mr Benjamin K. Kpodo (NDC -- Ho Central) 12:14 p.m.
Mr Speaker, I beg to second the Motion for the approval of GH;174,696,712.50 to further support our frontline health workers to motivate them to continue the fight against the COVID-19 pandemic. Indeed, the Committee is satisfied that the request is in line with the national measures outlined for combating the novel coronavirus pandemic.
However, Mr Speaker, if you would recall, the first approval that was given somewhere in April this year took a long time to be delivered. We had to struggle before the first tranche was paid. Our hope is that this time it would not take the same form.
The issue at that time was that, they had difficulty identifying who frontline health workers were. It has been long from then till now. They should have completed that. The definition or identification of frontline health workers should be made to cover even those who are not professionals but are directly related to the organising logistics for testing for the virus and supporting and treating, isolating and even to the point where people have to manage the isolation centres.
Mr Speaker, I was present where the first samples were brought from Oti Region to the University of Health and Allied Sciences testing centre. It took people who we would not count as frontline health workers to drive the vehicle in, remove the fridges, and spray and carry the fridges into the laboratory where the samples are tested. Are they not frontline health workers? They are also exposed to infection. It is good we should expand the scope and include those who undertake these frontline health duties.
Mr Speaker, if you would recall, we also approved GH¢241 million earlier for this tax refunds. When we were considering the GH¢1.2 billion taken from the Stabilisation Fund, we asked that since subsequently, tax waivers were brought to Parliament
for approval, we should put that money back, but when the Hon Minister for Finance gave us the report, we did not find how that was done in the expenditure of the GH¢1.2 billion.
So I would want us to get that also done because the provision was made, we approved it here and subsequent to that, the Hon Minister for Finance brought a tax waiver. So the amount was not applied, and that is why we are asking that a report should be on how that particular amount was applied.
Mr Speaker, this approval would hopefully motivate further our frontline health workers so that they would know that they are fighting a good cause on behalf of the entire nation. Once more, I second the Motion and recommend it to the House for approval.
Dr Nana Ayew Afriye (NPP -- Effiduase/Asokore) 12:14 p.m.
Mr Speaker, I beg to support the Motion that an amount of GH¢174,696,712.50 on personal emolument of health workers and on additional allowances paid to all frontline health personnel for the months of July to August 2020 be approved by the House.
Mr Speaker, in so doing, I would want to say that there was much improvement in the definition of who
Mr Ras Mubarak (NDC -- Kumbungu) 12:24 p.m.
Mr Speaker, in commenting on the Report of the Committee, I wish to make two quick points in respect of paragraph 4.4 on page 4.
Mr Speaker, the Committee reports that there was a challenge in defining frontline workers. This is the Parliament of Ghana and it is important that we are told who has been captured as far as the list of beneficiaries is concerned. It is very important that we know exactly the category of employees. For instance, the Committee has given a report and there is no list of who constitutes those who would be benefiting from this.
Mr Speaker, supporting people who are working in critical areas is very important but it must not be shrouded under the clothes of secrecy as it is. I would also want to inquire from the Chairman of the Committee whether for instance, the Bureau of National Investigation is included in the list of beneficiaries. If they are included, what happens to others who are equally providing critical services?
They cannot submit a report like this to Parliament without letting the House know exactly who are benefiting from this. We know that there are many workers in the health sector who have also agitated that they be included in the list of beneficiaries who are not included. So how do they ignore some section of persons working in the area of health
and then include the Bureau of National Investigation? Mr Speaker, these are things that I hope that the Committee would provide clarity to. Thank you very much, Mr Speaker.
Question put and Motion agreed to.
RESOLUTION 12:24 p.m.
Mr Benjamin Komla Kpodo (NDC -- Ho Central) 12:24 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Kyei-Mensah-Bonsu 12:24 p.m.
Mr Speaker, we can now take item numbered 5.
Mr Speaker 12:24 p.m.
Hon Members, item numbered 5 on page 5. Chairman of the Health Committee?
Treaty for the Establishment of the African Medicines
Agency (AMA)
Chairman of the Committee (Dr Kwabena Twum -Nuamah) 12:24 p.m.
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Health on the Treaty for the Establishment of the African Medicines Agency (AMA). Mr Speaker, in doing so, I present your Committee's Report:
1.0 Introduction
1.1 On Tuesday, 2nd June, 2020, “the Treaty for the Establishment of the African Medicines Agency (AMA)” was presented to Parliament by the Hon Deputy Minister responsible for Health, Dr Benard Okoe Boye. The Treaty was referred to the Committee on Health for consideration and report in accordance with the Constitution and Order 178 of the Standing Orders of the House.
2.0 Background Information
2.1 It is the vision of the Government of Ghana to guarantee the right to health of all people living
in Ghana, through an effective and efficient health sector with sustainable ability to deliver affordable, equitable and accessible healthcare. Government is committed to expanding and building more health facilities across the Country, embarking on health promotion programmes, scaling up disease prevention strategies and also improving access to curative and emergency health services.
The Government is also committed to supporting the health sector to deliver cutting edge services to the citizens as outlined in the 2018-2023 National Public Sector Reform Strategy (NPSRS) because effective health care delivery system is critical for national growth and development.
2.2 The African Union (AU) through its expert committees recognises that access to medicines is critical for attaining the health care goals of Member States. African countries also face the challenges posed by the unavailability of medicines and vaccines during Public Health Emergencies of International Concern (PHEIC). During the recent outbreak of the Ebola virus disease (EVD) in Africa for instance, the absence of medicines for treatment resulted in unnecessary fatalities.
rose
Dr Robert Baba Kuganab-Lem (NDC -- Binduri) 12:34 p.m.
Thank you Mr Speaker for the opportunity to second the Motion.
Mr Speaker, this is very important treaty, which has come at the time of the outbreak of the Coronavirus and the production of the several mixtures for the prevention of the disease.
Mr Speaker, if you look at the document and the inter - ministerial consultations that were done, you would realise that some of the institutions listed, are a bit omnibus,
and one wonders whether consultations were done in the first place. There are institutions such faith- based organisations or hospitals, private health sectors, research institutions, development partners and non-governmental organisations in health.
Mr Speaker, at this point of ratification, one would have wished to see clear institutions for us to make an effort to trace and see whether those
critical institutions were consulted and whether or not deliberations were properly done before we are able ratify this.
Mr Speaker, you would recall that in 2000, the Traditional Medicine Practice Act (Act 575) was enacted. In the Act, was the Council for the regulation, promotion and control of traditional medicine practice. You would see that in the list of inter - ministerial consultations, this important Council was not consulted. They have not been listed, yet they are the critical body that would see to the implementation of this treaty.
Mr Speaker, the Centre for Scientific Research into Plant Medicine is the primus research institution to determine the effectiveness of these traditional
concoctions in the treatment of diseases. You would recall that several concoctions were sent to them for analysis at the outbreak of the Coronavirus disease. It is sad to note that the institution has no capacity to determine the efficacy of medicinal plants. What they do is to determine how safe the product is, and not how potent it is in the treatment of diseases.
Mr Speaker, this Treaty is very important; it has come at the right time. But the question is, to what extent has Ghana positioned itself to take advantage of the treaty? We need to do a lot more work. We need to involve critical stakeholders such as the Council for the Practice of Traditional Medicine, who will be the lead in the implementation of this treaty and see to it that the people of Ghana benefit from it. Mr Speaker, with these few words, I second the Treaty for the establishment of the
AMA.
Mr Speaker, thank you.
Mr Speaker 12:34 p.m.
Thank you very much.
rose
Mr Speaker 12:34 p.m.
Yes, Hon Member?
Dr Nana Ayew Afriye (NPP -- Effiduase/Asokore) 12:34 p.m.
Mr Speaker, thank you very much. I beg to support the Motion.
Mr Speaker, clearly, it is has come at the right time, because several countries across the globe, for instance, the European Union has the European Medial Agency. The object of the AMA is to also follow suit in the interest to position the African Union (AU), in the establishment of such an institution that will really ensure standards at the level of the AU.
Many a times, we may have drugs that are found in Ghana or some other countries through unapproved routes. Whether it came from the east coast or the northern area, it finds itself on the west coast in Ghana. So, whereas in Ghana, there may be a standard and in another country, it might a lower standard. So long as the drug is found in the country whose standards may not be the same as Ghana, eventually, through the trade; marketing and distribution, it would be found on different markets.
So harmonising this at this time is very important, not only for medicines for human consumption. They would normally do this for even veterinary use. It would also be used for health technologies and devices. So such a
group would set good standards, compliance sections of the use of drugs, and the academia will support them with research. Mr Speaker, in Africa, we would all have to follow that particular regime, so it brings uniformity across board.
Mr Speaker, in line with principle of being part of the AU, then it is important that Ghana would have to adopt the treaty and see to the speedy establishment and operationalisation of such an agency.
Maybe, Ghana may also take an opportunity again to canvass for the establishment of its headquarters through the good effort of their able President and the Ministry of Foreign Affairs and Regional Integration, so that we can host it in Ghana as well.
Mr Speaker, with these few words, it has come at the right time. It would reduce the presence of unwanted drugs, fake medications and the presence of substandard equipment and devices, which are also thrown on to the African market.
Therefore, to adopt this is very crucial for Ghana and the African continent. I would take my seat and ask the House to adopt it as such.
I thank you Mr Speaker.
Mr Speaker 12:44 p.m.
Thank you very much. Yes, Hon Member, and then, Leadership.
Dr Sabastian Ngmenenso Sandaare (NDC -- Dafiama, Bussie, Issa) 12:44 p.m.
Mr Speaker, I thank you for giving me the opportunity to support the Motion for the House to ratify the Treaty for the establishment of African Medicines Agency.
Mr Speaker, the call to ratify this Treaty is very good and it is timely moreover, at the time that as a continent, we are confronted with so many public health emergency concerns like Ebola and currently, the coronavirus which we are battling. Mr Speaker, if the Treaty is ratified, it could lead to the establishment of the African Medicines Agency which is more like the African ADA that would ensure that there is now regulation in the continent that ensures that people are protected from the risk of substandard and falsified medical products health technologies.
Mr Speaker, you would realise that Africa is mostly affected when it comes to substandard health products or technologies and therefore, the need to ensure that as a continent, there is a body that regulates these substandard health products.
At the Committee level, we were really convinced that it is worth ratifying the Treaty because we looked at the impact of ratifying this Treaty; we looked at the financial economic, social, political, gender and health impacts of this Treaty and we are convinced that the impacts are positive; the impact would put the country ahead of others and would even give us the opportunity to push for the centre to be in Ghana because our Food and Drugs Authority (FDA) is among the best in the world and in Africa, therefore, it puts us ahead to push for more resources.
Therefore, we think that we should ratify the Treaty and ensure that we contribute to the continental regulatory body to ensure that we have standard health products and health technologies in Africa.
Mr Speaker, but to add to conclude that the foundation of this Treaty really did not just happen in 2019; it is a journey that started way back in 2014, moved to 2016 when it was agreed that as a continent, there was a need for such a centre, and then, in 2019, our leaders signed this Treaty so; I support the ratification and I urge all Hon Members to ensure we ratify the Treaty.
I thank you very much, Mr Speaker for the opportunity.
Mr Speaker 12:44 p.m.
Thank you very much, may I put the Question.
Question put and Motion agreed to.
Mr Speaker 12:44 p.m.
Resolutions, Hon Minister for Health?
Mr Kyei-Mensah-Bonsu 12:44 p.m.
Mr Speaker, the Minister of State at the Presidency, Dr Kwaku Afriyie would hold the fort for the substantive Minister in moving the Motion for the adoption of the Resolution.
Mr Speaker 12:44 p.m.
Thank you very much.
RESOLUTION 12:44 p.m.
Dr Twum-Nuamah 12:44 p.m.
Mr Speaker, I rise to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 12:44 p.m.
Hon Majority Leader, please, where do we go?
Mr Kyei-Mensah-Bonsu 12:44 p.m.
Mr Speaker, could we take the item listed as 1 on the Order Paper Addendum.
Mr Speaker 12:44 p.m.
Hon Members, the item listed 1 on the Order Paper Addendum; presentation and First Reading of Bills, Hon Minister for Finance?
PAPERS 12:44 p.m.
Dr Assibey-Yeboah 12:44 p.m.
Mr Speaker, the referral was just made was to the Finance Committee; I am not so sure if this should go to the Finance Committee, and if it should, maybe, we should join the Leadership of the Committee on Constitutional, Legal and Parliamentary Affairs.
Mr Kyei-Mensah-Bonsu 12:44 p.m.
Mr Speaker, first of all, the title should read Anti-Money Laundering (Amendment) Bill, 2020. It is an Amendment Bill and that is how it should read. And second, it should go to the Committee on Constitutional, Legal and Parliamentary Affairs. That is where the referral should be made to. --[Pause]--
Dr Assibey-Yeboah 12:44 p.m.
Mr Speaker, the Bill is Anti-Money Laundering (Amendment) Bill. There is money in there so; the Finance Committee must be there.
Mr Speaker 12:54 p.m.
So, if we add the leadership, that is the Chairman, Vice Chairman and Ranking Member of the Committee on Constitutional, Legal and Parliamentary Affairs, that would be all right?
Dr Assibey-Yeboah 12:54 p.m.
Mr Speaker, yes. It should be the Finance Committee and the leadership of the Committee on Constitutional, Legal and Parliamentary Affairs.
Mr Speaker 12:54 p.m.
It will be well to add the leadership of the Committee on Constitutional, Legal and Parliamentary Affairs. If there is no opposition to this, the leadership of the Committee on Constitutional, Legal and Parliamentary Affairs is added accordingly.
Maybe, they would need some legal advice along the line. They are the finance people and I do not think that we should make any long -- If the members of the Finance Committee are of the view that the
Mr Kyei-Mensah-Bonsu 12:54 p.m.
Mr Speaker, rather the Consideration Stage of the Development Finance Institutions Bill, 2020, item numbered
42.
Mr Speaker 12:54 p.m.
Item numbered 42 on the original Order Paper? All right, to the exclusion of the Consideration Stage here. Item numbered 42 on the original Order Paper, Development Finance Institutions Bill, 2020 at the Consideration Stage?
The Hon First Deputy Speaker would take the Chair.
BILLS -- CONSIDERATION 12:54 p.m.
STAGE 12:54 p.m.
  • [Resumption of debate from 13/08/2020]
    • Chairman of the Committee (Dr Mark Assibey-Yeboah) 12:54 p.m.
    Mr Speaker, I beg to move, clause 117, interpretation of “management letter”, line 3, after “weaknesses”, insert “and any other significant issues”. So, it would read:
    “Management letter' means a formal letter from the auditor addressed to the development finance institution on the weaknesses and any other significant issues identified in the operations of a development finance institution”

    Mr Speaker, I want to further amend the definition and change “issues” to “matters”, so it would read, “any other significant matters”

    Question put and amendment agreed to.
    Dr Assibey-Yeboah 12:54 p.m.
    Mr Speaker, I beg to move, clause 117, interpretation of “off-balance sheet transaction”, lines 1 and 2, delete “contingent assets”.
    Mr Speaker, the Bank of Ghana advised that in the definition, “contingent assets” should be deleted.
    Mr James Klutse Avedzi 12:54 p.m.
    Mr Speaker, I think that the Hon Chairman of the Committee should give us the rationale for the deletion of “contingent assets” of balance sheet transactions. If it is a contingent asset which cannot be captured in the balance sheet, definitely, it would be captured as below the line or off- balance sheet transaction. If he is deleting it, there must be a reason for the deletion. Could he explain to us why he wants to delete “contingent assets”, yet he is maintaining “contingent liabilities”?
    Dr Assibey-Yeboah 12:54 p.m.
    Mr Speaker, the amendment is withdrawn.
    Amendment withdrawn by leave of the House.
    rose
    Mr Speaker 12:54 p.m.
    Hon Member, do you want to speak to the withdrawn amendment?
    Alhaji Fuseini 12:54 p.m.
    Yes, Mr Speaker. I wanted to enquire whether the amendment proposed was informed by the phrase, “in the form of letters of credit, guarantees, bids, bonds and indemnities”? These are not assets but liabilities, so that informs the deletion of “contingent assets” because letters of credit cannot be assets. They are all liabilities and that is why the Bank
    of Ghana advises we delete “contingent assets” because they cannot be in the form of what has been discussed.
    MR FIRST DEPUTY SPEAKER
    Dr Assibey-Yeboah 1:01 p.m.
    Mr Speaker, the amendment is reinstated. [Laughter]
    Mr Avedzi 1:01 p.m.
    Mr Speaker, we are not limiting the definition to only “contingent liabilities”. If we say “off- balance sheet transaction”, any transaction that cannot be maintained on the balance sheet is off-balance sheet.
    So, it could be assets or liabilities. If you say off-balance sheet transaction, you cannot define it to limit it to only liabilities.
    The context from which my Hon Colleague read it could mean that it is limited to only liabilities, but once we are describing off-balance sheet transaction, the off-balance sheet transaction could either be assets of liabilities. That is my position.
    Alhaji Fuseini 1:01 p.m.
    Mr Speaker, I agree with him that off-balance sheet transaction can be contingent assets or contingent liabilities. That is the
    Mr First Deputy Speaker 1:01 p.m.
    Hon Chairman, did you say you have withdrawn the proposed amendment? Very well.
    Mr Kyei-Mensah-Bonsu 1:04 p.m.
    Mr Speaker, I was really tempted to go along with the position of the Hon Member for Tamale Central because those items listed there are all liabilities and not assets. Even in the interpretation, the “off balance sheet transaction'', includes contingent assets contingent liabilities. If it was meant to include “assets and liabilities'', then there should have been an “and'' between “contingent assets'' and “contingent liabilities'' but there is no such thing there.
    It was made to appear as if it was stated there as an error -- and that is my worry. If we want to have a second look at it, the Hon Chairman, should not be in a hurry after abandoning it to reinstate it. [Interruption]. It is the same thing in Act 930, the word “and'', was not used. Is it true or false?
    Mr Speaker, it exists in Act 930 but again it is the same error because there is no conjunct between the “assets” and “liabilities''. If it was meant to be so, then indeed, there should be a conjunct and in that case, we should introduce “and''. Would the chartered accountants among us in particular, advise what to include in the “contingent assets''? If we have to include anything in the “contingent assets'', could they give us examples, so that we include it in this one? Other than that we should conform to what the Hon Chairman advise that we do.
    Mr First Deputy Speaker 1:04 p.m.
    Hon Majority Leader, for me the definition is not clear.
    “off balance sheet transaction'' includes contingent assets contingent liabilities in the form of letters of credit…''
    However, the proposed amendment is to delete the “contingent assets''. So, what is the complaint?
    Mr Kyei-Mensah-Bonsu 1:04 p.m.
    Mr Speaker, I said that what has been listed as examples as “the form of letters of credit, guarantees, bids, bonds and indemnities'', are all contingent liabilities and not assets.
    So, if it is meant to include “contingent assets'', examples should be given of “contingent assets'' but they have not listed.
    Mr Speaker, in any event if we look at the “contingent assets'', if there is meant to be so, then there should be a conjunct between “contingent assets'' and contingent liabilities''. As it is now, it is made to appear as if it was put there in error. That is my worry.
    Mr First Deputy Speaker 1:04 p.m.
    Hon Chairman of the Committee, before I put the Question do you want to abandon your amendment?
    Dr Assibey-Yeboah 1:04 p.m.
    Mr Speaker, if it would be left as it is, then we should insert “and'' between “contingent assets'' and “contingent liabilities''.
    Alhaji Fuseini 1:04 p.m.
    Mr Speaker, if we leave it that way, then the concluding phrase cannot be there. We cannot say; “contingent assets in the form of letters of credit, guarantees, bids, bonds and indemnities'' because all the examples are liabilities.
    Dr A. A. Osei 1:04 p.m.
    Mr Speaker, I want to ask my Hon Colleague that if I hold a bond, whether it is a liability. If I issue the bond, it is one thing but if I am the holder, it is an asset to me. So, he cannot say that they are all liabilities. We should introduce the word “assets and contingent liabilities'' but the conjunct “and'', should be inserted.
    Mr Banda 1:04 p.m.
    Mr Speaker, I support the submission of the Hon Member for Old Tafo, Dr Akoto Osei that the items listed cannot only be liabilities because the example he cited is a typical one. I checked the meaning of “off balance sheet'' from my google and it said:
    “off balance sheet item', is a term for assets or liabilities that do not appear on a company's balance sheet''
    So, “off balance sheet'', within the context of this provision cannot refer to only liabilities because it is also applicable to assets.
    Dr Assibey-Yeboah 1:04 p.m.
    Mr Speaker, I beg to move, clause 117, interpretation of “public interest'', line 2, delete “ensures'' and insert “enures''.
    The new rendition would read:
    “public interest'' includes a right or advantage which enures or is intended to enure…''
    Mr Iddrisu 1:04 p.m.
    Mr Speaker, I support the Hon Chairman's amendment but I want to seek your leave and indulgence to further amend it.
    Mr Speaker, I want to refer to the 1992 Constitution, so that we could lift the definition of “public interest'' from it. It is not just “enure'' but in the Constitution, “public interest'' is defined as, and with your permission, I beg to quote:
    “public interest'' include any right or advantage which enures or is intended to enure to the benefit generally of the whole people of Ghana''.
    The Hon Chairman, captured some of the words in the Constitution but in his form and way, it must reflect the definition of “public interest'', in the Constitution.
    Mr Speaker, I so submit.
    Dr Assibey-Yeboah 1:04 p.m.
    Mr Speaker, let us go with the proposed amendment of the Hon Minority Leader.
    Mr First Deputy Speaker 1:04 p.m.
    Very well.
    The draftspersons are directed to incorporate the definition as in the Constitution.
    Dr Assibey-Yeboah 1:04 p.m.
    Mr Speaker, I beg to move, clause 117, interpretation of “related party'', paragraph (a), line 1, after “institution'', insert “a significant shareholder''.
    The new rendition would read:
    “related party'' in relation to transactions means a company or entity in which the
    (a)the development finance institution, a significant shareholder, a director…''
    Question put and amendment agreed to.
    Mr Shaibu Mahama 1:14 p.m.
    Mr Speaker, even though there is no amendment on this, I seek your indulgence to state that the definition for “corporate group” be further amended as follows:
    “A collection of current and subsidiary companies that function as a single economic entity through a common source of control.”
    Mr Speaker, the key phrase here is “a common source of control”. We can have subsidiaries where we do not have a single or common source of control. So, the corporate group should encompass these key words mentioned.
    Mr First Deputy Speaker 1:14 p.m.
    Yes, Hon Chairman of the Committee, what do you think?
    Dr Assibey-Yeboah 1:14 p.m.
    Mr Speaker, we would want to further amend his definition so that “corporate group” would mean:
    “A company and the affiliates or associates of that company that function as a single economic entity through a common source of control”
    Question put and amendment agreed to.
    Clause 117 as amended ordered to stand part of the Bill.
    Clause 118 -- Transitional provisions
    Dr Assibey-Yeboah 1:14 p.m.
    Mr Speaker, I beg to move, clause 118, line 1, delete “A development finance institution” and insert “An institution which carries out development finance business under section 3 of this Act”.
    Mr Speaker, as it is now, there is no development finance institution. What the Transitional provision suggests is that there is a development finance institution in existence before the coming into force of this Act.
    Mr Speaker, so, we are saying that it should be an institution which carries out development finance business.
    Mr Haruna Iddrisu 1:14 p.m.
    Mr Speaker, I have an objection to the proposed amendment by the Hon Chairman of the Committee. One, there exist in Ghana development finance institutions. The African
    Mr Kyei-Mensah-Bonsu 1:14 p.m.
    Mr Speaker, I agree in principle with what the Hon Minority Leader is saying. There are some institutions that are carrying out development finance business but they are not legitimised by section (3) of this Act, so, we need just to delete “under section (3) of this Act”.
    Mr Speaker, this Bill is establishing development finance institutions; those in that business are not legitimised under section (3) of this Act. So, I agree that we should delete “under section (3) of this Act” so that it would read:
    “An institution which carries out development finance business”
    Mr Chireh 1:14 p.m.
    Mr Speaker, I think that I will further want to propose that we delete the Transitional provisions because there is no institution that would now operate under this Act. It is only when there is an existing institution and we are changing the law but it has all the characteristics --
    Mr Speaker, I do not agree with my Hon Minority Leader that we have existing institutions. This is an Act to now establish them because we do not have them at all. So, we do not
    need a transitional provision. I propose that we should delete the transitional provisions.
    I so move.
    Mr Shaibu Mahama 1:14 p.m.
    Mr Speaker, I could not agree more with the Hon Yieleh Chireh that in the circumstance, we do not need a transitional provision for this Act. We are yet to create an institution and we are contemplating that there are institutions such as that that are in existence. Which other institution exist that has a semblance of that just falls under it as and when the law is created and, so, there is no point in bringing a transitional provision.
    Dr Assibey-Yeboah 1:14 p.m.
    Mr Speaker, the Hon Member for Daboya/ Mankarigu should advert his mind to this; if there is an institution carrying out development finance business, it would not automatically become a development finance institution until it applies for a licence.
    Mr First Deputy Speaker 1:24 p.m.
    Those that operate development financing under what law do they operate? If there are any institutions operating as development finance institution, under what law are they operating?
    Dr Assibey-Yeboah 1:24 p.m.
    Mr Speaker, they are not operating as development finance institutions but they might be carrying out development finance business.
    Mr First Deputy Speaker 1:24 p.m.
    Hon Chairman, under what law?
    Dr Assibey-Yeboah 1:24 p.m.
    Mr Speaker, it is envisaged that institutions like EXIM, Ghana Interbank Payment and Settlement Systems (GhIPSS) might come under -- that is why we are putting in this rendition.
    Mr First Deputy Speaker 1:24 p.m.
    So, the transitional provision is referring to a situation where this new law will somehow affect their operations but we do not appear to have any situation under which, this law we are passing, will affect any of those existing institutions in any way. This is because we are not revoking any of the laws they are operating under.
    Are we? If we are not revoking any law under which they operated then there is no reason for saving anything. It is only when we are revoking a certain law which affects the operation that we may need to save some acts, omissions or property or something like that, that the law gives them.
    -- 1:24 p.m.
    Mr Kyei-Mensah-Bonsu 1:24 p.m.
    Mr Speaker, I was just looking at clause 1 (1) (a) (b) and sub clause (2) which provides:
    “This Act applies to
    (a) development finance institutions licenced under this Act;
    (b) any other institution designated as a development finance institution by the Bank of Ghana by notice and published in the Gazette”
    Mr Speaker, then (2) says 1:24 p.m.
    “Despite sub section (1), this Act shall not apply to a development finance institution governed by a multilateral treaty or under sovereign bilateral agreement operating in the country”.
    So, those ones will be exempt. Now, clause (1) (b) provides:
    (b) “any other institution designated as a development finance institution by the Bank of Ghana, by notice and published in the Gazette”
    Mr Speaker, are there any such institutions operating in the system?[No.] If there are then the transitional provisions would apply. If there are none, the transitional provisions will then not apply.
    Dr Assibey-Yeboah 1:24 p.m.
    Mr Speaker, that is why I said that there might be institutions carrying out development finance business and even gave examples of GhIPSS, Ghana EXIM and the Ghana Infrastructure Investment Fund (GIIF). That is why we want to have the transitional provision.
    Mr Chireh 1:24 p.m.
    Mr Speaker, have you noticed that the Hon Chairman is struggling to prevent something? This is because what he is mentioning is set up by an Act of Parliament. Therefore, it is not under this one. Indeed, what the Hon Majority Leader has sighted emphasises the point. We do not need a transitional provision in this case because any Agency that was doing this business, must now apply and say I qualify and would want to operate as - based on the conditions and benefits given to them would then apply.
    Mr Speaker, so, everybody has to go and apply for a licence for operation.
    Mr First Deputy Speaker 1:24 p.m.
    Under what law do the banks operate? Hon Chairman, you cited EXIM bank.
    Dr Assibey-Yeboah 1:24 p.m.
    Mr Speaker, there is an Act of Parliament. The whole idea of the development finance business is giving long term financing. So, in clause 1 (1) (b), as the Hon Majority Leader read, the BoG can designate an institution as a -- for which purpose --
    Mr First Deputy Speaker 1:24 p.m.
    There are already institutions designated as such by the BoG.
    Dr Assibey-Yeboah 1:24 p.m.
    Mr Speaker, no this is because there is no legislation that -- they are envisaging that there are institutions in the system that might be carrying out development finance business and so, with the coming into force of this Act, they would have to come under this. That is why we have the transitional provisions.
    Mr First Deputy Speaker 1:24 p.m.
    Very well.
    Hon Members, just out of the abundance of caution, let us adopt this proposed amendment.
    Dr Assibey-Yeboah 1:24 p.m.
    Mr Speaker, I beg to move that Line 1, delete “A development finance institution” and insert “An institution which carries out development finance business in existence immediately before the coming into force of this Act”
    Mr Speaker, I have now deleted “under section 3” on the Order Paper.
    Question put and amendment agreed to.
    Clause 118 as amended ordered to stand part of the Bill.
    First Schedule -- Part One (section 106 (1) (a)) Oath of Confidentiality
    Dr Assibey-Yeboah 1:24 p.m.
    Mr Speaker, I beg to move that Part One, line 8, delete “any other development finance institutions” and insert “a development finance institution”
    Question put and amendment agreed to.
    Second Schedule -- Part One (section 107 (1) (a)) Oath of Confidentiality
    Mr First Deputy Speaker 1:34 p.m.
    The Long Title --
    Mr Iddrisu 1:34 p.m.
    Mr Speaker, I want to hear from the Hon Minister for Monitoring and Evaluation or the Hon Deputy Minister for Finance because this is largely on policy.
    In my readings of literature on development finance institutions; either multilateral or bilateral like the AFG and FMB Bank of Netherlands and so on, the focus has always been on private sector development, but here it appears we have given them some emphasis -- “institutions in the country to promote growth and development in key sectors of the economy”.
    Is this really what we want these development finance institutions to do? In my readings, their primary
    focus is narrowed to private sector development. But I would be happy to hear from the Hon Ministers because this is on policy and I would provide them with some literature to also read.
    Mr Speaker, I want a policy clarification because we have stated “to promote growth and development in key sectors of the economy”. Since I got this Bill, throughout my readings, the emphasis on development finance institutions is their dedication to private sector development to support governments for sustainable development of their economies. So, I would be happy to hear from the two Hon Ministers.
    Dr Anthony Osei 1:34 p.m.
    Mr Speaker, I would give an example. Regarding the World Bank Group, the IFC is the private sector arm but the other is for the public. Mr Speaker, AfDB also does the same and so it is both.
    Mr Kpodo 1:34 p.m.
    Mr Speaker, there was an amendment that we adopted on the Floor, but it has not been captured. Mr Speaker, clause 73 --
    Mr First Deputy Speaker 1:34 p.m.
    Hon Member, hold on for me to finish with the Long Title then I would give you the time to tackle clause 73.
    I would put the Question on the Long Title.
    Question put and amendment agreed to.
    The Long Title ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:34 p.m.
    Now, let me listen to you about clause
    73.
    Mr Kpodo 1:34 p.m.
    Mr Speaker, under clause 73(1), line 3, referring to the preparation of the financial statements, the Hon Majority Leader agreed that it should read “to prepare the financial statement for audit”. However, in the Votes and Proceedings, it was recorded as clauses 71 to 73 agreed to.
    Mr Speaker, if it is left in this form then it means the responsibility falls on the Board of Directors to prepare audited financial statements but they are not responsible for the preparation of the audited financial statement. Rather they would prepare the financial statement and hand it over to the appointed auditor to audit.
    Mr Speaker, we cannot leave the word “audited” in the provision; it should rather read “to prepare the financial statement for audit”. I raised
    this issue and the Hon Majority Leader even agreed to it but it has not been recorded in the Votes and Proceedings.
    Dr Assibey-Yeboah 1:34 p.m.
    Mr Speaker, is the Hon Member referring to the Votes and Proceedings for Wednesday or Thursday?
    Mr Kpodo 1:34 p.m.
    I am referring to the Votes and Proceedings for Wednesday.
    Dr Assibey-Yeboah 1:34 p.m.
    Mr Speaker, the Votes and Proceeding that we considered today was for Thursday and yesterday we started consideration at clause 74. So, the Hon Member would not see clauses 71 to 73 in the Votes and Proceedings for Thursday. Mr Speaker, the Hon Member is taking us two days back and slowing down Government's business.
    Mr First Deputy Speaker 1:34 p.m.
    Hon Chairman, I understand his concern to be that a decision we took at Consideration Stage has not been recorded as such.
    Dr Anthony Osei 1:34 p.m.
    Mr Speaker, he said that even the Hon Majority Leader agreed, but the Hon Majority Leader is here and he did not agree. Yesterday, the issue did not come up at all. I know he showed a paper to
    Mr First Deputy Speaker 1:34 p.m.
    In that case the Hon Member may move an amendment at a Second Consideration Stage. I thought his argument was that we had agreed to it but it was not recorded.
    Dr Anthony Osei 1:34 p.m.
    Mr Speaker, there was no discussion.
    Mr Kpodo 1:34 p.m.
    Mr Speaker, I said that I raised this matter and it was agreed to but it has not been recorded as such, we are reviewing the entire Bill before we go to Third Reading.
    Mr First Deputy Speaker 1:34 p.m.
    Hon Kpodo, the record does not support your position neither do the other Hon Members. So, there is no evidence that your proposed amendment was agreed to.
    Mr Kpodo 1:34 p.m.
    Mr Speaker, then I will move a Motion for a Second Consideration Stage of the Bill.
    Mr First Deputy Speaker 1:34 p.m.
    I will give you the opportunity to move an
    amendment to it for us to discuss now; you proposed an amendment to clause 73.
    BILLS -- SECOND 1:34 p.m.
    CONSIDERATION STAGE 1:34 p.m.
    Mr Kpodo 1:34 p.m.
    Mr Speaker, I beg to move for a Second Consideration to clause 73(1), line 3, delete “audited financial statement” and insert “financial statement for audit”.
    The justification for this proposed amendment is that the responsibility for producing audited financial statements does not lie with the management or the Board of Directors. They would prepare the financial statement and submit same to the auditors for auditing.
    Mr First Deputy Speaker 1:34 p.m.
    Hon Members, with what he is saying then subclauses (1) and (2) are inconsistent.
    Mr Kyei-Mensah-Bonsu 1:34 p.m.
    Mr Speaker, indeed, he showed it to me yesterday but I had exited the Chamber when the matter came up. I think that it really makes sense in the context that it should rather read “financial statements for audit”. Subclause (2) would then follow as “the financial statements referred to
    in subsection (1) and accounting records of the development finance institution shall be audited by auditors”.
    I said that we should even delete the “qualified” because we do not need it there.
    So that should be the natural sequence. It should be “financial statement for audit”. He is right, and I agree with him.
    Mr First Deputy Speaker 1:44 p.m.
    So the new rendition would be:
    “73. (1) A development financial institution shall prepare, at the expiration of each calendar year, in respect of the business transacted by the development finance institution with reference to that year, financial statement for audit.”
    Dr Assibey-Yeboah 1:44 p.m.
    Mr Speaker, in that case, we do not need the “for audit” there. It should read “shall prepare financial statement”, then in subclause (2), the auditing takes place. So we do not need the”for audit” at the end of subclause (1).
    Mr First Deputy Speaker 1:44 p.m.
    Very well. So we just delete “the audit” and it becomes:
    “73. (1) A development financial institution shall prepare, at the expiration of each calendar year, in respect of the business transacted by the development finance institution with reference to that year, financial statement”.
    Does it sound well? I think then the “financial statement” should come back so that it reads:
    “73. (1) A development financial institution shall prepare financial statement, at the expiration of each calendar year, in respect of the business transacted by the development finance institution with reference to that year”
    In this case, the “financial statement” should come up.
    Dr Assibey-Yeboah 1:44 p.m.
    Mr Speaker, in this case, in whose name would the amendment be captured since it is Mr Speaker who modified it?
    Mr First Deputy Speaker 1:44 p.m.
    Hon Members, so the new rendition would be:
    73. (1) A development financial institution shall prepare financial statement, at the
    Mr James K. Avedzi 1:44 p.m.
    Mr Speaker, I further proposed that we delete “calendar year” and insert “financial year” in line 2.
    Mr First Deputy Speaker 1:44 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 73 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:44 p.m.
    This brings us to the end of the Consideration Stage of the Development Finance Institution Bill,
    2020.
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 1:44 p.m.
    Mr Speaker, with respect to the House, considering how far we have travelled, we can deal with item numbered 43.
    MOTIONS 1:44 p.m.
    Minority Leader (Mr Haruna Iddrisu) 1:44 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved.
    BILLS -- THIRD READING 1:44 p.m.
    Mr First Deputy Speaker 1:44 p.m.
    Hon Majority Leader, what is next?
    Mr Kyei-Mensah-Bonsu 1:44 p.m.
    Mr Speaker, could we deal with item numbered 45.
    Mr First Deputy Speaker 1:44 p.m.
    Item numbered 45, the Security and Intelligence Agencies Bill, 2020 at the Consideration Stage.
    Having regard to the state of the Business of the House, I direct that the House sits outside the regular Siting hours.
    BILLS -- CONSIDERATION 1:44 p.m.
    STAGE 1:44 p.m.
    Mr First Deputy Speaker 1:44 p.m.
    Are we settled on clause 6 yet, Hon Chairman?
    Chairman of the Committee (Mr Kwame Seth Acheampong) 1:44 p.m.
    Mr Speaker, we are still not settled,
    and so we would move on to clause
    11.
    Mr First Deputy Speaker 1:44 p.m.
    Very well.
    Mr Kyei-Mensah-Bonsu 1:44 p.m.
    Mr Speaker, I think, generally, borne out of the discussions that we have had, the Hon Chairman could move the amendment on clause 6, subclause (1) (c). Generally, we agreed, and so we could delete it along with subclause (1) paragraph (e) and move on.
    Mr First Deputy Speaker 1:44 p.m.
    Very well. The discussions were actually concluded yesterday, and so I would put the Question on clause 6.
    Question put and amendment agreed to.
    Clause 6 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 1:44 p.m.
    I would then put the Question on clause
    8.
    Question put and amendment agreed to.
    Clause 8 as amended ordered to stand part of the Bill.
    Clause 11 -- Ministerial Security Co-ordinating Committee
    Mr Seth Acheampong 1:44 p.m.
    Mr Speaker, I beg to move, delete and insert the following:
    “(1)Without limiting section 10, there shall be the Ministerial Security Co-ordinating Committee which consist of the
    (a)Minister responsible for National Security;
    (b)Minister responsible for Foreign Affairs;
    (c)Minister responsible for Defence;
    (d)Minister responsible for The Interior;
    (e)Minister responsible for Finance;
    (f)Minister responsible for Communications; and
    (g)Attorney-General.
    (2)The chairperson of the Council shall designate the chairperson of the Committee.”
    Mr Speaker, we are redrafting the entire provision of the clause in the Bill.
    Alhaji Mohammed-Mubarak Muntaka 1:44 p.m.
    Mr Speaker, I was hoping that the Hon Chairman would provide reason why he wants to Service commanders and rather replace them with their minsters.
    Mr K. S. Acheampong 1:54 p.m.
    The constitution of the Council in subclause (1) is well established and we have gone further to create more committees. We have given the Council the opportunity to create committees. One of the committees that the Council has allowed us to legislate is on the Ministerial Coordinating Committee and this is why we have only Ministers.
    Mr Speaker, if we go into article 83 (c), we realise that we have the Ministers holding the portfolios of finance, foreign affairs, defence, the interior and other Ministers as the President may choose. We have maintained same in subclause (1) so this is just a Ministerial Committee. This is not the entire constitution of the Council.
    Mr Iddrisu 1:54 p.m.
    Mr Speaker, may I refer you to article 83(1) (c) of the 1992 Constitution. It reads:
    “There shall be a National Security Council which shall consist of --
    (c) the Ministers for the time being holding the portfolios of foreign affairs, defence, interior, and finance and such other Ministers as the President may determine”
    Mr Speaker, Parliament is now determining this for the President by expanding it to include communication and others. We seek -- but I agree with the principle that there should be a coordinating and a consultative forum where these Ministers identified in article 83 can support the President to deal with matters of national security.
    Foreign affairs on the Committee is right because there can be threats which are foreign. So if we go further to define it as the Hon Chairman has done, we have added communication and then the Attorney-General. So we are taking it out of the President's hand.
    So, if tomorrow, a particular President decides that he wants the Minister for Parliamentary Affairs to be a member of the National Security Council, can that still happen? I am just raising it as a policy issue.
    Mr First Deputy Speaker 1:54 p.m.
    Hon Minority Leader, are you referring to the National Security Council? That is what the
    President has been given the power to do but this is a Ministerial Coordinating Committee. It is outside the President's powers.
    Question put and amendment agreed to.
    Mr Iddrisu 1:54 p.m.
    Mr Speaker, I beg to move, opening phrase, after “Committee”, insert “shall”.
    Mr Speaker, this is consistent with the language used in article 83. So it would read:
    “The Ministerial Security Coordinating Committee shall consist of…”
    Mr First Deputy Speaker 1:54 p.m.
    Hon Minority Leader, which particular subclause are you dealing with? This is because clause 11 is one clause. Also, because it has been redrafted, your amendment then becomes redundant.
    Item (v) is the same because it has been redrafted.
    Clause 11 as amended ordered to stand part of the Bill.
    Mr K. S. Acheampong 1:54 p.m.
    Mr Speaker, I beg to move, subclause (2), delete.
    Mr Speaker, as we expressed yesterday the reason stands. That is why we want to delete it.
    Mr Agalga 1:54 p.m.
    Mr Speaker, earlier, we had alluded to articles 85 and 93 of the Constitution as the justification for the inclusion of the Bureau of National Communications as part of the intelligence agencies of state. There was a stale mate but when we dealt with clause 6 a while ago, the deletion of the subclause (c) made it necessary for us to have a rethink of the clause 12.
    However, Mr Speaker, we need to state the point very emphatically that it is not out of place; it is not unconstitutional to include the Bureau of National Communications in the intelligence agencies of our state.
    If it is the wish of some that we have a standalone legislation enacted, which would then register the Bureau of National Communications as an intelligence agency of state, let us do that as a matter of urgency. This is because the times we find ourselves
    in makes it very compelling for us to elevate the Bureau of National Communications into a full-fledged intelligence agency; not a department under the National Security Council Secretariat or under the direct control of the National Security Coordinator as it were.
    So, Mr Speaker, these sentiments -- it is important that they be captured succinctly and that maybe if we can as a House -- I know some of these bureaus do not emanate from us but timelines will serve our purpose because of the emerging threats we are confronted with as a country. That way, we would have done justice to the issues that have arisen as Parliament.
    Thank you, Mr Speaker.
    Mr Kyei-Mensah-Bonsu 2:04 p.m.
    Mr Speaker, I associate myself with the sentiments expressed by the Hon Ranking Member, except to say that we are at the Consideration Stage of Bills, which is guided by procedures and the procedure is that at this stage, any amendment that is proffered must not be inconsistent with any clause already agreed to or any decision already taken by the House.
    Mr Speaker, that is in respect of Order 128(4)(b). So in accord with that, we need to delete clause 12(2).

    But I agree with them that given the circumstances that as a country we find ourselves in, it is imperative that we come with an enactment to establish the Bureau of National Communications. I guess soon thereafter, maybe, after we have finished with this. Otherwise, it would become difficult to operationalise this Bill. So I agree entirely with the sentiments expressed by my Hon Colleague, but for the time being, because of what we have done earlier, I agree with the Hon Chairman that we have to delete clause 12 subclause (2).

    Question put and amendment agreed to.
    Mr K. S. Acheampong 2:04 p.m.
    Mr Speaker, I beg to move, clause 12, subclause (3), delete.
    This is because it is in connection with subclause (2).
    Question put and amendment agreed to.
    Clause 12 as amended ordered to stand part of the Bill.
    Clause 13 -- Governing body of the intelligence agencies.
    Mr K. S. Acheampong 2:04 p.m.
    Mr Speaker, I beg to move, clause 13, headnote, delete “Governing” and insert “supervising”.
    Question put and amendment agreed to.
    Mr S. Acheampong 2:04 p.m.
    Mr Speaker, I beg to move, clause 13, line 1, delete “governing” and insert “supervising”.
    Question put and amendment agreed to.
    Clause 13 as amended ordered to stand part of the Bill.
    Clause 14 -- Functions of the national security intelligence agencies
    Mr S. Acheampong 2:04 p.m.
    Mr Speaker, I beg to move, clause 14, subclause (1), paragraph (a), line 1, delete “through the Minister”.
    Question put and amendment agreed to.
    Mr S. Acheampong 2:04 p.m.
    Mr Speaker, I beg to move, clause 14, subclause (1), paragraph (c), line 1, delete “espionage” and insert “intelligence”.
    Mr Kyei-Mensah-Bonsu 2:04 p.m.
    Mr Speaker, before clause 14, subclause
    Mr K. S. Acheampong 2:04 p.m.
    Mr Speaker, I would crave your indulgence to put the Question on it, and I would come back to paragraph (b) and do the insertion the Hon Majority wants.
    Mr Kyei-Mensah-Bonsu 2:04 p.m.
    Mr Speaker, we amended paragraph (c) (i) to read:
    “…counter intelligence and activities for the internal security and stability of the country”
    That was what was agreed on. It should be “and stability” after “security”.
    Mr First Deputy Speaker 2:04 p.m.
    Yes Hon Chairman, what is your amendment?
    Mr K. S. Acheampong 2:04 p.m.
    Mr Speaker, I beg to move, in paragraph (1) (c)(i), line 1, after “counter” delete “espionage” and insert “intelligence” and then after “security”, insert “and stability”
    Mr Speaker, the new rendition would be 2:04 p.m.
    “…counter intelligence, and activities for the internal security and stability of the country.”
    Question put and amendment agreed to.
    Mr K. S. Acheampong 2:04 p.m.
    Mr Speaker, I proposed an amendment which has not been captured on the Order Paper. In paragraph (1) (b), line 2, delete “covert” and insert “intelligence operations”.
    Mr Speaker, the new rendition would read 2:04 p.m.
    “... collect, analyse, evaluate and securely disseminate intelligence gathered internally and perform intelligence operations.”
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 2:04 p.m.
    Mr Speaker, again, the introduction of a few words in paragraph (b). I think we started by saying that we should monitor, collect, analyse, evaluate, retain and disseminate in appropriate manner intelligence gathered internally and perform intelligence operations. That is how we captured it.
    Mr Kwame Governs Agbodza 2:04 p.m.
    Mr Speaker, if you read what the Hon Chairman proposed, I am not sure whether we should legislate and put it plainly as it is. It reads:
    “... collect, analyse, evaluate and securely disseminate intelligence gathered...”
    -- [Interruption] -- I am talking about what the Hon Chairman said -- [Interruption] -- I would want to make further amendment to it.
    Mr Speaker, intelligence gathering is not merely internal, and no intelligence would tell you the remit of their work. So, I would propose that -- [Interruption] -- Mr Speaker, if I would just be allowed to finish my submission.
    Mr First Deputy Speaker 2:04 p.m.
    Hon Member, concentrate and address the Chair. [Laughter]
    Mr Agbodza 2:04 p.m.
    Mr Speaker, the Hon Majority Leader wants me to -- the point is that if it ends internally, that is enough. How they go about to do other things -- That is why it is intelligence. It is captured already. It reads:
    “... collect, analyse, evaluate and securely disseminate intelligence gathered internally...”
    I think it should end there. The additions of the Hon Chairman and the Hon Majority are not necessary, because they have elaborated too much on what they want to do in intelligence gathering.
    Hon Chairman, my proposal is that we would end at “internally”. So it would read:
    “...collect, analyse, evaluate and securely disseminate intelligence gathered internally…”
    Mr First Deputy Speaker 2:14 p.m.
    Hon Member, do you not want us to give them the power to --
    Mr Agbodza 2:14 p.m.
    Mr Speaker, it does not have to be said; it is not necessary.
    Mr First Deputy Speaker 2:14 p.m.
    Why should it not? If we do not say it, they do not have it and the operatives may be exposed to danger that they do not have the power to do certain things.
    It is what we call intelligence operation that we may not be define in the law, but we should give them the power to undertake intelligence operations. And that was what the amendment sought to do. Otherwise —
    Mr Agbodza 2:14 p.m.
    Mr Speaker, I thought the “collection” “evaluation” and “analysis” we already said were done through intelligence so, which other intelligence operations are we talking about? But we are now saying that -- would the second leg of a statement be different from the first leg of statement? I do not think so.
    Mr First Deputy Speaker 2:14 p.m.
    I think it is intended to be -- if you look at the words, “covert actions” that we are substituting - So, we are giving them the power to do intelligence operation. And I think in order that the operatives may not be subjected to legal challenges for not having the power to do certain things, it is important that we state that they have the power to do intelligence operations.
    Mr Collins O. Amakwa 2:14 p.m.
    Mr Speaker, the amendment proposed by the Hon Majority Leader, I think the format is, we monitor, collect before we analyse, not collect, monitor and analyse because if we look at —
    Mr First Deputy Speaker 2:14 p.m.
    That is what the Majority Leader proposed: “monitor, collect, analyse, evaluate…”.
    Mr Amankwa 2:14 p.m.
    Mr Speaker, no, the Majority Leader proposed: “collect, monitor…”.
    Mr First Deputy Speaker 2:14 p.m.
    That is not what I wrote.
    Mr K. S.Acheampong 2:14 p.m.
    Mr Speaker, if you may, I give the final rendition. Subclause (1)(b) reads:
    “Monitor, collect, analyse, evaluate and…”
    So, we took “securely” —
    Mr First Deputy Speaker 2:14 p.m.
    Securely disseminate in appropriate manner.
    Mr K. S. Acheampong 2:14 p.m.
    Mr Speaker, we had a different rendition that is why the Hon Majority Leader came with that. We can monitor, collect analyse, evaluate and disseminate in appropriate manner, the intelligence gathered.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 2:14 p.m.
    Mr Speaker, I beg to move, clause 14, subclause (3), delete.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 2:14 p.m.
    Mr Speaker, I beg to move, clause 14, subclause (3), paragraph (a), line 1, after “retain”, insert “for a period not exceeding ninety days”
    Mr Chireh 2:14 p.m.
    Mr Speaker, if we delete subclause (3), we cannot amend anything there again.
    Mr First Deputy Speaker 2:14 p.m.
    The whole subclause (3) has been deleted so, the item listed as item (xiii) is overreached.
    Clause 14 as amended ordered to stand part of the Bill.
    Mr Kyei-Mensah-Bonsu 2:14 p.m.
    Mr Speaker, respectfully, so that we get the clause 14 (b) correctly; in other words, the Table Officers may be a bit confused. They say we should monitor, collect, analyse, evaluate, retain and disseminate in an appropriate manner, information and intelligence gathered. I think that the one that was read eventually did not contain “retain”. I think the “information” aspect did not come from the Hon Chairman --
    “information and intelligence gathered internally and perform intelligence operations”. It just occurred to me that he missed out on those ones.
    Mr First Deputy Speaker 2:14 p.m.
    Very well, I direct that the draftspersons will take note of the corrected one and proceed.
    Mr K. S. Acheampong 2:14 p.m.
    Mr Speaker, we would do same for subclause (2)(b) which is a repetition of clause 14(1)(b).
    Mr First Deputy Speaker 2:14 p.m.
    Very well, I have already directed the draftspersons to make the appropriate insertions.
    Clause 14 as amended,ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:14 p.m.
    Clause 15?
    Clause 15 -- Appointment of Directors-General
    Mr K. S. Acheampong 2:14 p.m.
    Mr Speaker, I beg to move, clause 15, subclauses (1) and (2) delete and insert the following:
    “(1) The President shall, in accordance with article 195 of the Constitution, appoint Directors-General as heads of the intelligence agencies.”
    Mr First Deputy Speaker 2:14 p.m.
    Clause 16?
    Clause 16 ordered to stand part
    —
    Mr K. S. Acheampong 2:14 p.m.
    Mr Speaker, I am sorry to take you back on clause 16. There was a language we debated several times on clause 16, paragraph (c); if we read clause 16 (c), line 1, it says:
    “shall pursue and ensure political party neutrality…”
    We were of the opinion that the form of discrimination if we talk about political party neutrality - there was a lengthy debate over that but, we still could not come to a finality. Let us leave it as it.
    Mr Agbodza 2:14 p.m.
    Mr Speaker, how is the Director-General supposed to -- he says: “shall pursue and ensure
    political party neutrality of the intelligence agency in the performance of the functions of the intelligence Agency” Is it discretionary how he performs it? Is there any guideline as to how that person would be or is given — ?
    Mr First Deputy Speaker 2:14 p.m.
    That will be designed by themselves.
    Mr K. S. Acheampong 2:24 p.m.
    Mr Speaker, those exercises are more administrative because through their recruitment practices and in-service training, they conduct a lot of tests such as the integrity test which is really not captured in --
    Mr First Deputy Speaker 2:24 p.m.
    Hon Members, let us do the consideration. The principles have been debated already.
    Clause 16 ordered to stand part of the Bill.
    Clause 17 -- Appointment of other staff and employees of intelligence agencies
    Mr K. S. Acheampong 2:24 p.m.
    Mr Speaker, I beg to move, clause 17 (2), delete.
    This was not captured on the Order Paper.
    Mr Kyei-Mensah-Bonsu 2:24 p.m.
    Mr Speaker, in clause 17 (1), we are saying that:
    “The President shall, in accordance with 195 of the Constitution, appoint any other staff and employees required for the effective performance of the functions of the intelligence agencies.”
    Then clause 17 (2) is saying that:
    “The President may, in accordance with clause (2) of article 195 of the Constitution, delegate the power of appointment under this section.
    So, subclause (1) is the present. I think for clause 17 (5), we did not particularise, so in that case, we can do away with the “clause (2)” because it is contained in clause 17
    (5).
    Mr Chireh 2:24 p.m.
    Mr Speaker, I think that we should delete the “clause (2)” because in clause (1) of article 195 says that it is in accordance with the article and the article has to be complete. So, you do not need to specify that in clause (2), the President may delegate. In fact, that article has all that in there, so there is no need for the “clause (2)”.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 2:24 p.m.
    Mr Speaker, I have a minor amendment to make to clause 17 (4). I beg to move, clause 17 (4), line 2, delete “candidate” and insert “person”. The new rendition would read:
    “An intelligence agency shall have control over the selection, training and appropriate induction of a person into the relevant intelligence agency in accordance with the conditions of service of the intelligence agency.”
    Question put and amendment agreed to.
    Clause 17 as amended ordered to stand part of the Bill.
    Clauses 18 and 19 ordered to stand part of the Bill.
    Clause 20 -- Appointment of National Security Co-ordinator
    Mr K. S. Acheampong 2:24 p.m.
    Mr Speaker, I beg to move, clause 20, subclause (1), lines 1 and 2, delete “an officer” and insert “a person”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:24 p.m.
    Even before that, the amendment does not sound well. Clause 20 (1) would read:
    “The President shall, in accordance with article 195 of the Constitution, appoint a person to be designated as the National Security Coordinator.”
    It does not sound well.
    Mr Chireh 2:24 p.m.
    Mr Speaker, if the Hon Chairman would agree, we should just say :
    “The President shall, in accordance with article 195 of the Constitution, appoint a National Security Co- ordinator.”
    Mr First Deputy Speaker 2:24 p.m.
    I think that is better and straightforward.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 2:24 p.m.
    Yes, Hon Majority Leader, can I hear your proposed amendment now?
    Mr Kyei-Mensah-Bonsu 2:24 p.m.
    Mr Speaker, the appointment of the National Security Co-ordinator is
    subject to hold office on the terms and conditions specified in the letter of appointment. Then in clause 19 (2), the transfer of public officers is done on the terms and conditions specified in the letter.
    Earlier on, I think in clause 17, we only used “conditions of appointment” and we said we should make some minor amendment to include “terms and conditions” in those provisions. I think that it did not come out well, but I guess we can leave that one to the draftspersons.
    Mr First Deputy Speaker 2:24 p.m.
    Clause 17 (5),
    “The rank and seniority of a person who is recruited into any of the intelligence agencies shall be determined under the conditions of service”?
    Is it that one?
    Mr Kyei-Mensah-Bonsu 2:24 p.m.
    Mr Speaker, I think that I am getting it wrong. I am sorry and will come back.
    Mr First Deputy Speaker 2:24 p.m.
    Very well.
    Clause 20 as amended ordered to stand part of the Bill.
    Clause 21 -- Functions of the Co- ordinator
    Mr S. K. Acheampong 2:24 p.m.
    Mr Speaker, I beg to move, clause 21, paragraph (b), line 1, delete “on behalf of the Minister”.
    Mr Agalga 2:24 p.m.
    Mr Speaker, I am opposed to the amendment. First of all, the Memorandum to the Bill is very clear that the policy is for us to permanently establish a Ministry of National Security. If that is the case, then it is important that all officers including the Co-ordinator who would operate from that Ministry must be responsible to the Minister for National Security.
    So, whatever function the Co- ordinator must discharge, it is important that we make the Co- ordinator answerable to the Minister. We cannot have two captains in the same ship. I would respectfully urge my Hon Chairman to abandon the proposed amendment.
    Mr Boamah 2:24 p.m.
    Mr Speaker, I am also opposed to the Hon Chairman's amendment. We do not have a single country in our sub-region without a Minister for National Security. In any event, when there are issues of national security, you would not find the Security Co-ordinator appearing
    before us to answer questions. The Minister's picture would be on the front pages of the newspapers.
    So, the Security Co-ordinator must work towards the Minister for National Security, so that he is abreast with the issues when he is confronted before a Committee of Parliament or if he is asked to come and answer Questions before us, he would be ceased with the true facts. So, that clause has to be retained. The Co- ordinator must co-ordinate on behalf of the Hon Minister because he is the focal person who reports to Parliament and to the President.
    Mr Chireh 2:34 p.m.
    Mr Speaker, I support the amendment by the Hon Chairman. The reason is simple.Any function of any officer in that ministry is in relation to report to the Hon Minister. So, it should not be “on behalf of the Hon Minister'', to ensure that. It is superfluous because anybody who works there has to report or is responsible to the Hon Minister. It is not on behalf of the Hon Minister that the person would be made responsible. That is why the Committee decided that it should be deleted. It is not to say that the co- ordinator is higher or on the same level as the Hon Minister.
    Mr First Deputy Speaker 2:34 p.m.
    So, frankly, in my view “on behalf of the Minister'' is out of place. What is important is to make him accountable to the Hon Minister and clause 21 (h) says that:
    “…accountable to the Minister for the operational funds…''
    It is not just the operational funds but the operations and everything. If we do that then, we do not need the “on behalf of the Minister''. It is quite alien to our legislation.
    Mr Agalga 2:34 p.m.
    Mr Speaker, I agree with you. The essence of my argument is to make the Co-ordinator accountable and responsible to the Hon Minister. However, whichever way it would be captured, I would support it but we must be guided. There is some mischief that the language and the way it is couched seeks to cure. There have been a lot
    Mr First Deputy Speaker 2:34 p.m.
    Hon Member, I get you. So, we have to make sure that the Co-ordinator in both operations and everything is accountable to the Hon Minister.
    Mr Boamah 2:34 p.m.
    Mr Speaker, I wanted to draw your attention to clause 21 (i), which says that the Co- ordinator must perform any other function directed by the Hon Minister. So, the Hon Minister's role and his relationship with Co-ordinator has been defined.
    Question put and amendment agreed to
    Mr K. S. Acheampong 2:34 p.m.
    Mr Speaker, I beg to move, clause 21, paragraph (c), line 1, delete “on behalf of the Minister''
    Question put and amendment agreed to
    Mr Kyei-Mensah-Bonsu 2:34 p.m.
    Mr Speaker, I have a minor amendment to clause 21 (c), line 2. Mr Speaker, I beg to move clause 21, paragraph
    (c), line 2, delete “policies'' and insert “strategies''.The new rendition would read:
    “…. national security strategies…''
    Question put and amendment agreed to
    Mr K. S. Acheampong 2:34 p.m.
    Mr Speaker, I beg to move, clause 21 paragraph (g), lines 1 and 2, delete “within twenty-four hours of any significant operational matter” and insert “timeously of operational matters”.The new rendition would read:
    “brief the Minister timeously of any operational matters brought to the attention of the Co- ordinator''.
    Question put and amendment agreed to
    Mr First Deputy Speaker 2:34 p.m.
    Item numbered (xix) on the Order Paper.
    Mr K. S. Acheampong 2:34 p.m.
    Mr Speaker, I beg to move, clause 21 paragraph (i) and (h), delete and insert the following:
    “(i)be responsible to the Minister for the performance of the functions of the Co- ordinator; and
    (h)perform any other function related to the specified functions in this section as directed by the President or the Minister.”
    Mr Speaker, item numbered (xix), on the Order Paper, is in respect of paragraph (i) in the original Bill and it is a redraft of paragraph (i), as captured on pages 32 as advertised.
    Mr First Deputy Speaker 2:34 p.m.
    What is the paragraph (h), doing there -- or it is intended to be (ii)?
    Mr K. S. Acheampong 2:34 p.m.
    Mr Speaker, sorry. It is intended to be paragraphs (i) and (h) -- but we want to redraft both.
    Mr First Deputy Speaker 2:34 p.m.
    Very well.
    Question put and amendment agreed to
    Mr First Deputy Speaker 2:34 p.m.
    The draftspersons are directed to do the appropriate rearrangement to give meaning to the amendment.
    Mr K. S. Acheampong 2:34 p.m.
    Mr Speaker, I have a minor insertion to make to clause 22 (3). In line 2, before “functions'' insert “any other ancillary''
    Mr First Deputy Speaker 2:34 p.m.
    Hon Chairman of the Committee, we are still on clause 21.
    Clause 21 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:34 p.m.
    Hon Chairman of the Committee, you may now move your amendment.
    rose
    Mr First Deputy Speaker 2:34 p.m.
    Hon Chairman, please hold on. Yes, Hon Member?
    Mr Nortsu-Kotoe 2:34 p.m.
    Mr Speaker, just as we did in clause 20 (1), we need to do same for clause 22 (1), so that it would read:
    “The President shall, in accordance with article 195 of the Constitution, appoint a Deputy National Security Co- ordinator''
    Mr Speaker, I so move.
    Mr First Deputy Speaker 2:34 p.m.
    Hon Chairman, you may now move your amendment.
    Mr K. S. Acheampong 2:34 p.m.
    Mr Speaker, I beg to move, clause 22, subclause 3, line 2, before “functions'', insert “any other ancillary''.
    Mr First Deputy Speaker 2:44 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 22 as amended ordered to stand part of the Bill.
    Clause 23 -- Staff for office of the Coordinator
    Mr K. S. Acheampong 2:44 p.m.
    Mr Speaker, before I move to the advertised amendment for clause 23, I am sorry to take the House back. I did some notes and I just realised that we separated the subclause (3) into paragraphs (a) and (b). If you may
    indulge me, I would want to read out how we captured it so that the draftspersons may capture it well.
    Mr Speaker, the subclause (3) (a) will read 2:44 p.m.
    “The Deputy National Security Coordinator shall --
    (a) assist the Coordinator in the performance of the functions of the Coordinator; and
    (b) perform any other function assigned by the Coordinator.”
    When I do that, then, I will abandon the earlier advertisement that I made.
    Mr First Deputy Speaker 2:44 p.m.
    The draftspersons would take note and break the subclause up. Now, clause 23, Hon Chairman of the Committee, you are proposing that it be deleted.
    Mr K. S. Acheampong 2:44 p.m.
    Mr Speaker, I beg to move, clause 23, subclause (2), delete. Mr Speaker, it follows from what we have done earlier. It is consequential.
    Question put and amendment agreed to.
    Clause 23 ordered to be deleted.
    Clause 24 -- Functions of the minister
    Mr K. S. Acheampong 2:44 p.m.
    Mr Speaker, I beg to move, clause 24, paragraph (a), delete and insert the following:
    “(a)oversee the intelligence agencies and provide policy direction to the intelligence agencies;
    (b)ensure and harmonise the efficient and effective collaboration and coordination among the national security and intelligence agencies;”
    Question put and amendment agreed to.
    Mr K. S. Acheampong 2:44 p.m.
    Mr Speaker, I beg to move, clause 24, paragraph (b), line 1, delete “oversee” and insert “coordinate”.
    Question put and amendment agreed to.
    Mr K. S. Acheampong 2:44 p.m.
    Mr Speaker, I beg to move, clause 24, paragraph (c), lines 1 and 2, delete “Strategy to Parliament once every four years” and insert “Policy and Strategy to Parliament within two years after the inauguration of a new Parliament;”
    Mr First Deputy Speaker 2:44 p.m.
    Hon Chairman of the Committee, is it “after inauguration of a new Parliament” or “after inauguration of new Parliament”?
    Mr Chireh 2:44 p.m.
    Mr Speaker, earlier, the Chairman of the Committee moved for us to substitute paragraph (a) for (b). Subsequently, he says we should use “coordinate”. What I think should have happened is that he should redraft -- [Interruption] -- All right; it is the way he moved it. He says we should separate them -- [Interruption] -- But he said we should delete and insert. That is the meaning that I will give to it.
    Mr Kyei-Mensah-Bonsu 2:44 p.m.
    Mr Speaker, what the Hon Chairman of the Committee did in item numbered (xxi) was to break the original paragraph (a) into two parts. So, it will be paragraph (a) and this will become paragraph (b) and subsequently, the original paragraph (b) will become paragraph (c). He is just referring to the original paragraph (b) in item numbered (xxii). Mr Speaker, the draftspersons would do the consequential numbering.
    Mr First Deputy Speaker 2:44 p.m.
    Very well.
    Question put and amendment agreed to.
    Mr Kwame S. Acheampong 2:44 p.m.
    Mr Speaker, I beg to move, add the following new paragraph:
    “(#) submit annual report to Parliament;”
    Question put and amendment agreed to.
    Clause 24 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 2:44 p.m.
    Now, the draftspersons are directed to renumber clause 24 as appropriate.
    Clause 25 -- Functions of the Chief Director
    Mr First Deputy Speaker 2:44 p.m.
    Hon Members, there is a proposed amendment for it to be deleted but the proposer is not in the House. Has he authorised anybody to move that amendment on his behalf?
    Mr Chireh 2:44 p.m.
    Mr Speaker, I move on behalf of the Minority Leader that clause 25, delete. According to him, the Chief Director is operated under PNDC Law 327 which is the Civil Service Act. Therefore, it is not appropriate for one to say “in addition to the specified function…” and indicate all these. Their functions are defined by the law already, so, we should not put it there. That is what he says I should say.
    Mr James Agalga 2:44 p.m.
    Mr Speaker, I am opposed to the amendment and my reason is that if we look at the additional functions assigned to the Chief Director, you would notice that they are very technical in nature. They are not the same as the general functions of a Chief Director provided for under PNDC Law 327.
    This is because of the technical nature of the work of the Ministry of National Security so that when the President is about to appoint a Chief Director , account must be taken of the expertise of that particular Chief Director .
    Mr Speaker, I think the provision is very appropriate and let us leave it the way it is. In any case, the Civil Service Act, 1993 has been duly acknowledged. What we see is an addition in view of the very technical nature of that Ministry.
    Mr Chireh 2:44 p.m.
    Mr Speaker, in arguing for why we should retain the amendment is that all the Chief Directors are in Ministries that have technical aspects to them and they all do the same thing. The Chief Director at the Ministry of Transport coordinates technical people.
    So, the reason for the Hon Minority Leader's insistence is that he does not see anything special about the
    technical and administrative thing that we are talking about. Every Ministry has a technical aspect but it is the Chief Director who coordinates all these and so there is really no need for this.
    Mr Kyei-Mensah-Bonsu 2:54 p.m.
    Mr Speaker, I am opposed to the deletion of section 25 as proposed by the Hon Minority Leader. Mr Speaker, the response has already been given by the Hon Ranking Member, except to say that we should reconstruct what obtains in clause 25.
    Instead of stating that the “Chief Director shall in addition to functions specified under section 15 of the Civil Service Act”, as we usually do , we could say “Without limiting the functions specified under section 15 of the Civil Service Act, 1993 (PNDC Law 327) or any other enactment, the Chief Director of the Ministry shall perform the following functions”. Mr Speaker, I think this is a better way to capture it.
    Mr First Deputy Speaker 2:54 p.m.
    Hon Member for Adaklu?
    Mr Agbodza 2:54 p.m.
    Mr Speaker, I support the proposal for deletion by the Hon Minority Leader. Does it suggest that at the Ministry of Energy,
    Mr Kyei-Mensah-Bonsu 2:54 p.m.
    Mr Speaker, in addition to the reasons given by the Hon Ranking Member, the reason for including this is -- as we do know -- there is always a turf war between national security coordinators and designated Hon Ministers. This is just for the avoidance of doubt so that we would be sure in our minds what is intended to be done.
    Mr First Deputy Speaker 2:54 p.m.
    Is the Chief Director intended to be a referee in the turf war ?
    Mr Kyei-Mensah-Bonsu 2:54 p.m.
    Mr Speaker, as I said, we can just reconstruct it to read: “Without limiting the functions specified under section 15 of the Civil Service Act, 1993 (PNDC Law 327) or any other enactment, the Chief Director of the Ministry shall perform the following functions”. This would serve to cure what mischief that may ensue.
    Mr First Deputy Speaker 2:54 p.m.
    Let us determine whether it should be deleted or not before we consider your amendment. Hon Vice Chairman?
    Mr Collins O. Amankwah 2:54 p.m.
    Mr Speaker, I strongly oppose the proposed amendment by the Hon Minority Leader because a critical look of section 15 of the Civil Service Act, shows that it states the general functions of a Chief Director. However, in this Bill, a Chief Director has been given additional responsibilities.
    Mr Speaker, clause 25 (c) suggests that a “Chief Director is supposed to perform any other function directed by the Hon Minister responsible for National Security”. This differs from what has been provided under section 15 of the Civil Service Act.
    Mr Speaker, I think we should allow it to stand in the Bill.
    Question put and amendment negatived.
    Mr First Deputy Speaker 2:54 p.m.
    Hon Majority Leader, you may now move your proposed amendment to clause 25.
    Mr Kyei-Mensah-Bonsu 2:54 p.m.
    Mr Speaker, I beg to move a new rendition to read: “Without limiting the functions specified under section 15 of the Civil Service Act, 1992 (PNDC Law 327) or any other enactment, the Chief Director of the Ministry shall perform the following functions”.
    Mr First Deputy Speaker 2:54 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 25 as amended ordered to stand part of the Bill.
    Clause 26 -- Investigation of complaints.
    Mr K. S. Acheampong 2:54 p.m.
    Mr Speaker, I want to effect a minor insertion.
    I beg to move, that in line 1 before “omission” insert “commission or”. It would now read: “A person who is aggrieved by the commission or omission of an intelligence agency, may submit a written or oral complaint to the Director General of the Intelligence Agency”.
    Mr First Deputy Speaker 2:54 p.m.
    Hon Member for Wa West?
    Mr Chireh 2:54 p.m.
    Mr Speaker, yesterday, we strenuously argued and removed “who is”. Therefore, I further propose the deletion of “who is” to read “A person aggrieved by the commission or omission of an intelligence agency, may submit a written or oral complaint to the Director General of the Intelligence Agency”.
    Mr First Deputy Speaker 2:54 p.m.
    Instead, we should replace “commission” with “act” to read “A person aggrieved by an act or omission of an intelligence agency, may submit a written or oral complaint to the Director General of the Intelligence Agency”.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 2:54 p.m.
    Mr Speaker, I beg to move a further amendment to read “A person who
    Mr First Deputy Speaker 2:54 p.m.
    Very well.
    Question put and amendment agreed to.
    Clause 26 as amended ordered to stand part of the Bill.
    Clause 27 -- Complaint tribunal.
    Mr Kyei-Mensah-Bonsu 2:54 p.m.
    Mr Speaker, I beg to move for a minor insertion. In line 1. After “complaints”, insert “under section 26”. It would now read: “The Chief Justice shall on receipt of a complaint made under section 26 …”
    Question put and amendment agreed to.
    Clause 27 as amended ordered to stand part of the Bill.
    Clause 28 -- Examination of complaints.
    Mr K. S. Acheampong 2:54 p.m.
    Mr Speaker, sorry, but I have to take you back to clause 27(2) (b). Line 2, after “knowledge” delete “of” and insert “in”.
    In line 2, I am deleting the word “of” after knowledge and inserting “in”. The final rendition would be:
    “(b) two other persons one of whom is a person with considerable knowledge in the area of the subject matter or the complaint and operation of the intelligence agencies in general”
    Question put and amendment agreed to.
    Clause 27 as amended ordered to stand part of the Bill.
    Clause 28 ordered to stand part of the Bill.
    Clause 29 -- Proceedings of complaints
    Mr K. S. Acheampong 3:04 p.m.
    Mr Speaker, I have a minor amendment to make. At clause subclause (2), line 1, before “request” delete “and” and insert “or”. The new rendition would be:
    “The tribunal may call a witness, or request the production of documents, which the tribunal considers necessary in the interest of justice.”
    Question put and amendment agreed to.
    Clause 29 as amended ordered to stand part of the Bill.
    Clause 30 to 33 ordered to stand part of the Bill.
    Mr Ahiafor 3:04 p.m.
    Mr Speaker, before you put the Question on clause 34, with your leave, can we revisit clause 33? Clause 33 reads:”
    “33. An appeal against a decision of the tribunal lies as of the right to the Court of Appeal.”
    Mr Speaker, what is the time limit within which the appeal is supposed to be lodged? It is after one year? Normally, where a decision is given, and one has the right to appeal against that decision, the right to appeal is exercised within a time frame.
    Mr First Deputy Speaker 3:04 p.m.
    I think that should be regulated by the procedure of the court the person is going to.
    Question put and amendment agreed to.
    Clause 34 ordered to stand part of the Bill.
    Clause 35 ordered to stand part of the Bill.
    Mr Kyei-Mensah-Bonsu 3:04 p.m.
    Mr Speaker, paragraph (d) of clause 35 should rather read “the person or class of persons” and not “class of person”.
    Mr First Deputy Speaker 3:04 p.m.
    In my copy, it is “class of persons”.
    Mr Kyei-Mensah-Bonsu 3:04 p.m.
    Very well. It is singular in mine. If it is plural, then that is all right.
    Clause 36 -- Effect of warrant
    Mr Kyei-Mensah-Bonsu 3:04 p.m.
    Mr Speaker, I am just coming across this. I do not know whether it should not read “a class of persons” in clause 36(1). It reads:
    “A warrant issued under section 35 shall authorise a person in a class of persons”
    Should it be “a person in a class of persons” or “a person or a class of persons”?
    Mr First Deputy Speaker 3:04 p.m.
    It should be “a person in a class of persons to whom the warrant is issued”.
    Mr Kyei-Mensah-Bonsu 3:04 p.m.
    Mr Speaker, do you not think it should rather read “or class of persons”? The
    Mr First Deputy Speaker 3:04 p.m.
    Here, they are talking about who has the right to use the warrant to do the things specified. So if it is issued to a class of persons and any one of them could use it, this is the effect. So a warrant issued under section 35 shall authorise a person in a class of persons to whom the warrant is issued.
    So I do not see anything wrong with that.
    Mr Kyei-Mensah-Bonsu 3:04 p.m.
    Mr Speaker, if it is “a person in a class of persons”, then we should have “it shall authorise a person or a person in a class of persons” because clause 35(d) refers to the person or a class of persons. And you are saying that in the class of persons or an individual persons may be authorised or could activate the warrant.
    In that regard, I am saying that we need “it shall authorise a person or a person in a class of persons.
    Mr First Deputy Speaker 3:04 p.m.
    Because it started with “the person”. Because clause 35 says it should be issued to the person or class of persons, here could be “the person or a person in the class of persons” so that it covers the two groups. Either one person or the class. One among the group.
    Question put and amendment agreed to.
    Clause 36 as amended ordered to stand part of the Bill.
    Clause 37 ordered to stand part of the Bill.
    Clause 38 -- Expenses of Council and intelligence agencies
    Mr Seth Acheampong 3:14 p.m.
    Mr Speaker, I beg to move, clause 38, line 1, delete “provide from the Consolidated Fund” and insert “approve”, and in line 2, at the end, add “from the public funds”.
    Mr Speaker, the new rendition would read 3:14 p.m.
    “Parliament shall approve the moneys required for the expenses of the Council and the intelligence agencies from public funds.”
    Mr Amankwah 3:14 p.m.
    Mr Speaker, respectfully, I want to seek clarification from the amendment proposed by the Hon Majority Leader. If we look at article --
    Mr First Deputy Speaker 3:14 p.m.
    Which one? Hon Member, we are on clause 38. The Hon Majority Leader has not proposed any amendment so I want to be sure -- [Interruptions] -- Please, ignore the rantings of the Hon Member for Effutu.
    Mr Amankwah 3:14 p.m.
    Mr Speaker, I withdraw. [Laughter]
    Mr Speaker, my concern has to do with the amendment proposed by the Hon Chairman of the Committee -- I want to seek clarification: when we talk about “public funds” and “Consolidated Fund”, based on the Constitution, I think article 175 deals with “public funds” and “Consolidated Funds” respectfully and I want to read:
    “The public funds of Ghana shall be the Consolidated Fund, the Contingency Fund and such other public funds as may be established by or under the authority of an Act of Parliament.”
    Mr Speaker, the existing legislation says that Parliament shall provide from the Consolidated Fund. So, if the Hon
    Chairman is proposing that we should change the “Consolidated Fund” to “public funds”, I want to find out the difference between the two funds.
    Mr First Deputy Speaker 3:14 p.m.
    The difference is in what you read. What you read is the Consolidated Fund and two others. So we are saying that Government can provide funds from all the three whereas in the past, it was only one.
    Mr Afenyo-Markin 3:14 p.m.
    Mr Speaker, as a matter of procedure and good order, he is the Vice Chairman of the Committee. This is the Committee's amendment --
    Mr First Deputy Speaker 3:14 p.m.
    You are out of order.
    Question put and amendment agreed to.
    Clause 38 as amended ordered to stand part of the Bill.
    Clause 39 -- Accounts and audit.
    Mr Seth Acheampong 3:14 p.m.
    Mr Speaker, I beg to move, clause 39 subclause (1), line 1, delete “Council” and insert Minister.
    Mr Speaker, it would read 3:14 p.m.
    “The Minister shall keep the books, records and returns…”
    Mr First Deputy Speaker 3:14 p.m.
    But why should the Minister do that?
    Mr Seth Acheampong 3:14 p.m.
    The Council does not do day to day administration of the Ministry. The Council is the National Security Council . They are the superintending --
    Mr First Deputy Speaker 3:14 p.m.
    So it may be one of the agencies. This is about the Security and Intelligence Agencies Bill. So the agencies may.
    Mr Kyei-Mensah-Bonsu 3:14 p.m.
    Mr Speaker, the Council here is the National Security Council established by article 83 of the Constitution. So when he says that the “Council” should be replaced by the “Minister”, which Minister is he talking about? The National Security Council is not under the Minister for National Security.
    Mr Chireh 3:14 p.m.
    Mr Speaker, the Hon Chairman should withdraw his amendment. This is because we are talking about the National Security Council and if we talk about them
    keeping books of account, we are not expecting the Chairman and members of the Council to do that. There is a secretariat and therefore, they would direct how these accounts or records are kept. So it is not again for the Minister. It is just that as a Council, the secretariat should do that.
    Mr Seth Acheampong 3:14 p.m.
    Mr Speaker, I would rather correct myself and make it “the Ministry”. This is because we have had the intention of establishing a Ministry by this very proposition before us. So instead of “the Council”, it should be “the Ministry” to keep the books. This is because we have the Chief Director in the Ministry and so he would have to keep the books but if I say “the Council”, the Council meets quarterly and may not be there for the day to day administration.
    Mr First Deputy Speaker 3:14 p.m.
    Right. Somewhere the Chief Director is to account for that money anyway to the Ministry.
    So delete “Council” and insert “Ministry”.
    Have we defined “Ministry” in the Bill? If not, let us state it correctly.
    “‘Ministry' means the Ministry responsible for National
    Security”. So it is all right. “The Ministry shall keep the books, records …”
    Question put and amendment agreed to.
    Mr Seth Acheampong 3:14 p.m.
    Mr Speaker, with clause 39 subclause (2). It is the same construction. Consequential.
    Question put and amendment agreed to.
    Mr S. K. Acheampong 3:24 p.m.
    Mr Speaker, in clause 39 subclause (3), I would want to delete “and the Council” at the end.
    Mr Speaker, the reason is that the Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the Ministry.
    Mr Agalga 3:24 p.m.
    Mr Speaker, I think the “Minister” would be most appropriate here. If we look at the interpretation, “Minister” has been defined as well.
    Mr First Deputy Speaker 3:24 p.m.
    Yes, Minister has been defined. “Minister” means Minister responsible for National Security. So, it is appropriate that the copy is given to him or her.
    Question put and amendment agreed to.
    Clause 39 as amended ordered to stand part of the Bill.
    Clause 40 -- Annual reports and other reports.
    Mr Seth Acheampong 3:24 p.m.
    Mr Speaker, I beg to move, clause 40, delete and insert the following:
    “(1)The Minister shall, within thirty days after receipt of the audit report submit an annual report to Parliament.
    (2)The annual report shall include
    (a)a report on the activities and operations of the nation security and intelligence agencies;
    (b) the report of the Auditor- General; and
    (c) any other report that the Minister may consider necessary.”
    Mr K. S. Acheampong 3:24 p.m.
    Mr Speaker, I beg to move, clause 42, subclause (2), line 1, after “a”, insert “a member of a”
    Question put and amendment agreed to.
    Clause 42 as amended ordered to stand part of the Bill.
    Clause 43 -- Authorised disclosure of information
    Mr K. S. Acheampong 3:24 p.m.
    Mr Speaker, I have a minor insertion to make. We debated it in Committee, with your kind permission, I would go to clause 43 (2). Before “permit” I would want to insert “with prior authorisation of the Minister”. So the new rendition would be:
    “Despite subsection (1), an intelligence agency with prior authorisation of the Minister,
    permit the disclosure of informa- tion by an employee under this Act.”
    Question put and amendment agreed to.
    Clause 43 as amended ordered to stand part of the Bill.
    Clause 44 -- Offences for disclosure of information and identity
    Mr K. S. Acheampong 3:24 p.m.
    Mr Speaker, I have a minor insertion to make in clause 44, subclause (1), paragraph (b), line 1, the word “covert operational” would be deleted and “intelligence” would be inserted.
    Mr Speaker, the new rendition would be 3:24 p.m.
    “…a person who is or was an employee engaged in intelligence activities of the intelligence agencies.”
    Mr Speaker, it is consequential. We have done same earlier in other subclauses.
    Question put and amendment agreed to.
    Clause 44 as amended ordered to stand part of the Bill.
    Clauses 45 -- 46 ordered to stand part of the Bill.
    Clause 47 -- Protection of employees
    Mr K. S. Acheampong 3:24 p.m.
    Mr Speaker, I beg to move, clause 47, line 1, delete “an internal” and insert “the national security and”
    Question put and amendment agreed to.
    Clause 47 as amended ordered to stand part of the Bill
    Clause 48 -- Regulations
    Mr Chireh 3:24 p.m.
    Mr Speaker, I beg to move, clause 48,amend the subclause (1) to read:
    “The Minister shall, within twelve months of the coming into force of this Act, make regulations for the effective implementation of the Act.”
    Mr Kyei-Mensah-Bonsu 3:24 p.m.
    Mr Speaker, what the Minister does is, he or she is the vehicle of legislative instruments. I think the amendment proposed by the Hon Colleague did not include legislative instruments. But we have developed a template for it.
    So, the Table Office would be advised to resort to that.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 3:24 p.m.
    The draftspersons are advised to resort to the template to effect that amendment.
    Mr Bernard Ahiafor 3:34 p.m.
    Mr Speaker, with your leave, may I take you back to clause 46, the last word “evidence”, I believe it should be disclosure of information and not disclosure of “evidence”, because the provision is:
    “The provisions on disclosure of information in this Act are without without prejudice to the privilege conferred on a person under the Evidence Act, 1975, NRCD 323 in relation to disclosure of information”
    Mr First Deputy Speaker 3:34 p.m.
    What does the Evidence Act say?
    Mr Ahiafor 3:34 p.m.
    Mr Speaker, it discloses information.
    Mr First Deputy Speaker 3:34 p.m.
    What is the position?

    we disclose evidence? It is information that we disclose.
    Mr First Deputy Speaker 3:34 p.m.
    But the Evidence Decree offers the privilege to either disclose or not to disclose.
    Mr Ahiafor 3:34 p.m.
    Yes, to disclose the information.
    Mr First Deputy Speaker 3:34 p.m.
    Is it evidence or information? I think it is against self-incrimination. Anyway, the proposed amendment is to delete—
    Mr Kyei-Mensah-Bonsu 3:34 p.m.
    Mr Speaker, even though the amendment proffered by my Hon Friend is in sync with the opening phrase, the provisions on the disclosure of information in this Act, are without prejudice to the privilege conferred on a person under Evidence Act in relation to the disclosure of information, but Mr Speaker, I think what we should also be careful about is, what is really, the purpose of the Evidence Act; what does it state. I think that is what we should be concerned about and I thought that the draftspersons would assist us in that.
    Mr Agalga 3:34 p.m.
    Mr Speaker, I would urge my senior at the Bar, the Hon Ahiafor to abandon the proposed
    amendment; let us leave it the way it is because if we read it carefully, we are talking about disclosure of information under this Bill, and we are relating same to the disclosure of evidence under the Evidence Act. And there are some categories of individuals who are privileged to be privy to information; lawyers, etcetera so; this is correct.
    Mr Chireh 3:34 p.m.
    Mr Speaker, just like the Ranking Member was saying, if we really want to say it, we cannot talk about privilege evidence, it is privileged information between you and the client as a lawyer; as a doctor, and all that so; the correct word is ‘information', not evidence because evidence includes all kinds of things but information is specific and the privilege is always conferred on, is about information between one and the client.
    Mr First Deputy Speaker 3:34 p.m.
    You are right; it is a privileged information.
    Question put and amendment agreed to.
    Clause 48 as amended, ordered to stand part of the Bill.
    Clauses 49 to 52 ordered to stand part of the Bill.
    The Schedule ordered to stand part of the Bill.
    Long Title --
    Mr Seth Acheampng 3:34 p.m.
    Mr Speaker, I beg to move, Long Title, line 2, after “specify”, insert “and coordinate the activities of” and also after “State”, insert “and protect and preserve the unity and stability of the State”.
    Mr Speaker, these are the words of the Constitution as captured in the preamble, so we sought to import it here.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 3:34 p.m.
    There is another proposed amendment in the name of the Hon Minority Leader.
    Mr Chireh 3:34 p.m.
    Mr Speaker, I beg to withdraw the amendment on behalf of the Hon Minority Leader.
    Mr First Deputy Speaker 3:34 p.m.
    Very well, amendment withdrawn.
    Mr Kyei-Mensah-Bonsu 3:34 p.m.
    Mr Speaker, I think when we came to the Consequential amendments, we should have related to the position of the Commissioner of Customs, Excise and Preventive Service (CEPS). That one should have found expression in clause 51(4) that:
    “A reference to the Commissioner of Customs, Excise and Preventive Service…”
    Mr First Deputy Speaker 3:34 p.m.
    Clause 51(4)?
    Mr Kyei-Mensah-Bonsu 3:34 p.m.
    Yes, Mr Speaker.
    Mr First Deputy Speaker 3:34 p.m.
    There is no subclause (4) in clause 51.
    Mr Kyei-Mensah-Bonsu 3:34 p.m.
    Mr Speaker, I am saying that there should have been a subclause (4) to now refer to the Commissioner of CEPS so that “a reference to the Commissioner would mean the Director-General of Ghana Revenue Authority (GRA) now so that we would cover ourselves in section 1.
    Mr Chireh 3:34 p.m.
    Mr Speaker, the Constitution mentions CEPS so; what we have is Commissioner for Customs rather than Commissioner- General who is for GRA. Unless we
    Mr First Deputy Speaker 3:34 p.m.
    Very well, that brings us to the end of the Consideration Stage of the Security and Intelligence Agency, Bill, 2020.
    Mr Kyei-Mensah-Bonsu 3:34 p.m.
    Mr Speaker, can we take item numbered
    10?
    Mr First Deputy Speaker 3:34 p.m.
    Item numbered 10?
    Mr Ayeh-Paye 3:34 p.m.
    Mr Speaker, we would move item numbered 9 before
    10.
    MOTIONS 3:44 a.m.
    Chairman of the Committee (Mr Samuel Ayeh-Paye) 3:44 a.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 Committee on Roads and Transport on the Build, Operate and Transfer (BOT) Concessionary Agreement between the Government of the Republic of Ghana (represented by the Ministry of Transport [Ghana Shippers' Authority]) and Ashanti Port Services Limited (a consortium of Afum Quality Ltd. Ghana and DSS Associates of South Korea) for an amount up to three hundred and thirty million United States Dollars (US$330,000,000.00) for the Development of the Boankra Inland Port may be moved today.
    Mr Kwame Governs Agbodza 3:44 a.m.
    Mr Speaker, I beg to second the Motion.
    Mr First Deputy Speaker 3:44 a.m.
    Why is the Hon Ranking Member so dispirited? [Laughter]
    Question put and Motion agreed to.
    Resolved accordingly.
    BOT Concessionary Agreement Between GoG and
    Ashanti Port Services Ltd
    Mr Ayeh-Paye 3:44 a.m.
    Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Roads and Transport on the Build, Operate and Transfer (BOT) Concessionary Agreement between the Government of the Republic of Ghana (represented by the Ministry of Transport [Ghana Shippers' Authority]) and Ashanti Port Services Limited (a consortium of Afum Quality Ltd. Ghana and DSS Associates of South Korea) for an amount up to Three Hundred and Thirty Million United States Dollars (US$330,000,000.00) for the Development of the Boankra Inland Port.
    1.0 Introduction
    On Wednesday, 12th August 2020 the Build, Operate and Transfer (BOT) Concessionary Agreement between the Government of the Republic of Ghana (represented by the Ministry of Transport [Ghana Shippers' AuthorityGPHA]) and Ashanti Ports Services Limited (a consortium of Afum Quality Ltd. Ghana and DSS Associates of South Korea) for an amount up to Three Hundred and Thirty Million United States Dollars (US$330,000,000.00)
    for the Development of the Boankra Integrated Logistics Terminal was presented to Parliament by the Hon. Minister for Transport, Mr. Kwaku Ofori-Asiamah.
    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. Minister for Transport, Mr. Kwaku Ofori-Asiamah, the Chief Director, Officials from Ghana Shippers Authority and the Sector Ministry for attending upon the Committee.
    2.0 Reference Documents
    i. The 1992 Constitution of Ghana
    ii. The Standing Orders of Parliament
    iii. The Build, Operate and Transfer (BOT) Concessionary Agreement between the Government of the Republic of Ghana (represented by the Ministry of Transport [Ghana Shippers' Authority/GPHA])
    Mr Agbodza 3:44 a.m.
    Mr Speaker, I rise to second the Motion ably moved by the Hon Chairman and make the following comments of my own. The Boankra Terminal is a known project to this country and Ghana Shippers Authority specifically, has done a lot in terms of securing the necessary land and even put up some structures there over the years.
    The agreement before us is basically to create a legal regime where Ghana Shippers Authority who owns title to that particular land under the Ministry of Transport, enters into a concession agreement to allow the developers have access to the land for a period of 27 years.
    As a result, they would put up certain facilities to accommodate terminal services, including administrative block which actually exists already, custom bonded sheds, container handling and storage depot, devanning yard, railway marshalling yard, light industrial zone and truck parking area under this agreement.
    Mr Speaker, significantly, we are told that the Ministry went through some processes in selecting these --
    Mr Afenyo-Markin 3:44 a.m.
    On a point of order. Mr Speaker, my Hon Colleague in seconding the Motion used the expression “a lot of work”.
    In other words, he is commending the efforts made and I want him to come out, so that it would reflect in the Hansard.
    Mr First Deputy Speaker 3:44 a.m.
    Hon Member, you are out of order. We want to close early, so today has no room for antics.
    Mr Agbodza 3:44 a.m.
    Mr Speaker, you would notice how those who have been very punctual in Parliament are tired but those who come quite sparsely are very energetic. [Laughter] It is just a general comment.
    Mr Speaker, what I said was that Ghana Shippers Authority over the years has put in a lot of investment at the Boankra site and this agreement is basically to frame up a legal regime where some investors would build the facilities I listed to use as an integrated terminal.
    The duration of this concession agreement is 30 years for the price of US$330 million. As we all know, under PNDC law 160, it is only Ghana Ports and Harbours Authority that has the right to build and operate ports in this country. Indeed, it was good to see that the Ministry is putting this together with Ghana Shippers Authority.
    Mr Agbodza 3:54 p.m.
    Mr Speaker, we have come far since this Report was laid and I am happy that the Hon Minister was accommodating in the process. The issue though that I have is this, this concession is based on the fact that Ghana Shippers Authority already owns the land and had made some investments on the land.
    The developer comes and when they put this project together, Ghana Shippers Authority or the Ministry is unable to negotiate that a stake of this investment is in the name of the State. This came up at the Committee and the Minister said that it is a policy.

    Mr Speaker, every development starts on a land. Even if you want to launch a rocket, you would need land to launch it before you get to space. I am disappointed that the Ministry did not find it very necessary that the land is the most important value in this and we could have used the value of it to demand some equity in this investment. Currently, the Government would have zero equity in this investment for the 27 years. All we would get would be the taxes that the people would pay.

    Mr Speaker, when we did the concession agreement for MPS, GPHA automatically, was a part of that but as of whether they made money out of it, was early days -- they might make money later.

    My biggest disappointment is that the Ministry would be unable to have some shares. Apart from the fact that the land is owned by the State through the Ghana Shippers Council, we could even demand share based on good will from the consortium but unfortunately, that did not happen under this arrangement. They went through competitive bidding to select the developers, so there is no much to say about that.

    Mr Speaker, the other issue is that this would take some time to build but I am happy the Hon Minister for Railway Development is in the House. If we are to make that project more effective, it would require a low way, which would cut the containers and other things from Tema and Takoradi to that place.

    We are not there yet but we are told that under this programme, there would be a collaboration between the Ministry of Road and Highways, to strengthen the pavement which leads to the place all the way from Tema. These are not part of this agreement but once the Hon Deputy Minister for

    Roads and the Hon Minister for Railways Development are in the House, it should be understood that this is not the end. This agreement would effectively not do all that we expect to be done, unless those other missing pieces come together.

    Mr Speaker, with these few words I recommend Hon Colleagues to approve this concession agreement so that we could build an integrated port at Boankra, create jobs and other things for the country.

    Mr Speaker, I thank you for the opportunity.

    Daniel Nii Kwartei Titus- Glover (NPP -- East): Mr Speaker, I am grateful for the opportunity to contribute to the Motion.

    Mr Speaker, I want to refer to the last paragraph of paragraph 6.14 on page 8 of the Report, which is the “Implementation Plan'' and with your permission, I beg to quote:

    “The Committee noted with serious concern in the implementation plan that GPHA, has a technical managerial expertise in port business and should not be relegated to the background in this project but

    should rather play a major role in the implementation of the project. The Committee was thus informed that the Ministry has set a project management team especially, for this project''.

    Mr Speaker, when we look at the history of Boankra, the project started in the days of former President Kufuor because he had a vision. The Tema port was always choked because of imports from the Sahelian countries like Niger, Burkina Faso and Mali, who use the Tema port to import most of their things to their respective countries.

    Based on these facts, there was this vision to decongest the port and for that matter, the Boankra vision came up. I am grateful that under the administration of President Akufo- Addo, something has been done to set the ball rolling to make Boankra operational.

    Mr Speaker, there is no way the PNDC Law 160, which established GPHA, planning, building, operating, management of port business, is within the purview of the GPHA and that is why the Committee insisted that we cannot relegate them to the back bench and that they should be the lead Government agency to make sure that this project becomes successful.
    Mr Ras Mubarak (NDC -- Kumbungu) 4:04 p.m.
    Mr Speaker, I thank you for the opportunity to contribute to the Motion.
    Mr Speaker, I had the opportunity to sit into the Committee's meeting so I am abreast with some of the issues. In respect of jobs, it would be very exciting. This is a commendable project but once the Report talked about the number of jobs it would create, we would have been very excited to have a fair idea of it, whether it would be 100, 1,000 or
    10,000.
    So, going forward in subsequent Reports, I would expect that some
    projections could be given as to how many direct and indirect jobs such projects could generate.
    Mr Speaker, I want to use this opportunity to also commend successive Governments for the roles they have played to get the project this far. I see the Hon Deputy Minister for Transport, chantering from a sedentary position.
    He would know from the Report that efforts were made from as back as 1990, some 30 years ago, when the PNDC administration was in government. So, indeed, we ought to give credit where credit is due. All successive governments played their roles to get the projection thus far. It is certainly not only former President Kufuor or President Akufo-Addo.
    Mr Speaker, finally, we have to desist from such politics because it does not help the discourse. Once some other administrations have played a part, it is useful to give credit where credit is due.
    Mr Speaker, with this I want to thank former Presidents Jerry John Rawlings, John Agyekum Kufuor, John Evans Atta-Mills, John Dramani Mahama -- [Interruption] and now President Nana Addo Dankwa Akufo-Addo very much.
    We thank them very much and I recommend for Hon Colleagues to also adopt and support the approval of the Report.
    Mr First Deputy Speaker 4:04 p.m.
    Yes, Majority leadership?
    Mr Kwabena Owusu-Aduomi (NPP--Ejisu) 4:04 p.m.
    I thank you, Mr Speaker, for the opportunity to contribute to this Motion. Indeed, today is a good day for the chiefs and people of the Ejisu Constituency because we have been waiting for a very long time for the resumption of works on the Boankra Inland Port.
    Mr Speaker, it is true that in the early 1990s the Government of Ghana through Ghana Shippers' Authority and Ghana Ports and Harbours Authority decided to create an inland dry port as an extension of the Tema Sea Port to decongest the Tema Port. The first location of the inland port was at Apirade in Kumasi, just after the railway crossing but because of inadequate land sizeBoankra was located later where about 413 acres of land were acquired for this project.
    Mr Speaker, for us in the Ejisu Constituency, it is a blessing because there would be creation of jobs for the people in and around Boankra and
    Mr First Deputy Speaker 4:04 p.m.
    Does the Hon Minister want to make a comment? [Interruption]
    Yes, Hon Minister?
    Mr Kwaku O. Asiamah 4:04 p.m.
    Mr Speaker, I would like to thank Hon Members of the House for their contribution made towards this Report.
    Mr Speaker, I have taken due notice of whatever contribution they have made and we would incorporate it into our business model, going forward, especially the position of the Hon Ranking Member.
    Mr Speaker, yesterday, I promised him that we have been doing one thing over the years and we have gotten to a point in time that we need to depart and see so that we can compare and know what we need to do going forward.
    He would wish that the Government would have gotten himself involved by shares, but as I said, taking the MPS and the IbisTek experience, we need to
    veer off and compare the two so that, going forward, we can then come to a firm conclusion.
    Mr Speaker, we have taken due notice of it and we would incorporate it in our business module.
    I thank you very much, Mr Speaker.
    Question put and Motion agreed to.
    RESOLUTION 4:04 p.m.
    Mr Kwaku O. Asiamah 4:04 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 Transport, there has been laid before Parliament the terms and conditions of a Build, Operate and Transfer (BOT) Concessionary Agreement between the Government of the Republic of Ghana (represented by the Ministry of Transport [Ghana Shippers' Authority]) and Ashanti Port Services Limited (a consortium of Afum Quality Ltd. Ghana and DSS Associates of South Korea) for an amount up to three hundred and thirty
    THIS HONOURABLE 4:04 p.m.
    HOUSE HEREBY RESOLVE 4:04 p.m.
    Mr Ayeh-Paye 4:04 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 4:04 p.m.
    Hon Members, I am advised that we would suspend Sitting for one hour and resume at 5.00 p.m. exactly for the closing --
    Mr Kyei-Mensah-Bonsu 4:04 p.m.
    Mr Speaker, if we could come at 5.30 p.m. prompt.
    Mr First Deputy Speaker 4:04 p.m.
    Very well, the House is suspended until 5.30 p.m. prompt.
    4.11 p.m. -- Sitting suspended
    6.58 p.m. -- Sitting resumed
    Mr First Deputy Speaker 4:04 p.m.
    Hon Majority Leader, what item do we take?
    Hon Members, item numbered 1 on the Order Paper Addendum 2 -- Presentation of Papers.
    Hon Minister for Finance?
    PAPERS 4:04 p.m.
    Mr First Deputy Speaker 4:04 p.m.
    Item numbered 1(b). Hon Chairman of the Committee?
    Mr First Deputy Speaker 4:04 p.m.
    Hon Members, we would take item numbered 18 on the original Order Paper -- Motion. Hon Chairman of the Committee?
    MOTIONS 4:04 p.m.
    Mr First Deputy Speaker 4:04 p.m.
    Item numbered 19, Hon Chairman of the Committee?
    MOTIONS 4:04 p.m.
    Mr First Deputy Speaker 4:04 p.m.
    Item numbered 20 -- Resolution.
    The Hon Deputy Minister for Finance may move the item on behalf of the Hon Minister for Finance.
    RESOLUTIONS 4:04 p.m.
    Mr First Deputy Speaker 7:08 p.m.
    Hon Majority Leader, which item is next?
    Mr Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, the Hon Chairman of the Finance Committee has some Papers to present. He may do so now.
    Mr First Deputy Speaker 7:08 p.m.
    Item numbered 4 (c) or (d)?
    Dr Mark Assibey-Yeboah 7:08 p.m.
    Mr Speaker, we would lay the Papers captured as item 4(d) (iii) to (vi) and 1(b) on the Order Paper addendum 2.
    Mr First Deputy Speaker 7:08 p.m.
    Very well.
    PAPERS 7:08 p.m.
    Mr First Deputy Speaker 7:08 p.m.
    Is that all, Hon Chairman of the Finance Committee?
    Item 1(b) on the Oder Paper addendum 2 -- Hon Chairman of the Committee?
    By the Chairman of the Committee --
    Report of the Finance Committee on the Indemnity Agreement among the Government of the Republic Ghana (represented by the Ministry of Finance), Merrill Lynch International, J.P. Morgan Securities plc., BMO Capital Markets Limited, Peel Hunt LLP and Tamesis Partners LLP under the Minerals Royalties Investment Agreement in respect of the proposed offering of shares in Agyapa Royalties Limited by Agyapa and the Minerals Income Investment Fund to institutional investors outside Ghana, and the admission of the Shares to the standard listing segment of the Official List of the Financial Conduct Authority and to trading on the London Stock Exchange in relation to Gold Royalties Monetisation Transaction under the Minerals Income Investment Fund Act, 2018 (Act 978).
    Mr First Deputy Speaker 7:08 p.m.
    Hon Majority Leader, which Motion could we take first?
    Mr Osei Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, we would take Motion listed as item 46.
    Minister for National Security (Mr Albert Kan-Dapaah) 7:08 p.m.
    Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which require that when a Bill has passed through the Consideration Stage, the third reading thereof shall not be taken until at least twenty-four hours have elapsed, the motion for the third reading of the Security and Intelligence Agencies Bill, 2020 may be moved today.
    Minority Leader (Mr Haruna Iddrisu) 7:08 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 7:08 p.m.
    Yes, Hon Majority Leader?
    MOTIONS 7:08 p.m.
    Mr Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, I would want to come under Standing Order 130 to request that
    the Security and Intelligence Agencies Bill, 2020 shall go through a Second Consideration Stage in respect of clause 47.
    Mr Speaker, I so move.
    Mr K. S. Acheampong 7:08 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    Mr First Deputy Speaker 7:08 p.m.
    Now, you may move your amendment.
    BILLS -- SEDOND 7:08 p.m.
    CONSIDERATION STAGE 7:08 p.m.
    Mr Osei Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, clause 47 reads 7:08 p.m.
    “Subject to the Constitution, an employee of an internal intelligence agency has in the performance of functions under this Act, the same rights and powers as are conferred by law on a police officer in the performance of the functions and has the same protections.”
    Mr Speaker, the Hon Chairman moved an amendment to delete “an internal” and in its place, inserted “the National Security and.
    So that it now reads:
    “Subject to the Constitution, an employee of the National Security and Intelligence Agency has in the performance of the functions of this Act, the same rights and powers as are conferred by law on a police officer in the performance of functions and has the same protections.”
    Mr Speaker, the National Security itself includes the Armed Forces and they cannot be subjected to the protections conferred on police officers. So it really ought to have read -- we should have just added “External Intelligence Agency”. So it should have read:
    “Subject to the Constitution, an employee of an external intelligence agency or internal intelligence agency has in the performance of the functions under this Act, the same rights and powers as are conferred by law on a police officer.”
    Mr Speaker, that is how it should have read. So I think what was done was inappropriate.
    Mr Iddrisu 7:18 p.m.
    Mr Speaker, I get the merits of the amendment moved by the Hon Majority Leader. He wants us to delete “National Security” and add “external intelligence officer”. So I support it. But if I still have your leave and indulgence, even on clause 47, the words, “subject to the Constitution” must come after “an employee of an internal or external intelligence agency”. In my view, the clause should not start with “subject to the Constitution”.
    So it would read:
    “An employee of an internal or external intelligence agency…”
    Mr Speaker, everything we are doing is subject to the Constitution but I am saying that even if we want it there, it should come after we have defined the employee of an internal and external intelligence agency. So;
    “An employee of an internal and external agency, has in the performance of functions under this Act, the same rights and powers …”
    Mr Kyei-Mensah-Bonsu 7:18 p.m.
    Mr Speaker, I even believe that to the extent that all laws that are fashioned by Parliament must be consistent with the Constitution, we do not even have to subject it to the Constitution. We can just right away begin -- “An employee…” So we delete “Subject to the Constitution”.
    Mr Speaker, the Hon Minority Leader says he would tell me why. I do not know what he is going to tell me. We have internal intelligence operators but they operate from the enclave of embassies, which are part of the Republic of Ghana even when they are outside.
    So, Mr Speaker, as I am saying, we do not even need “Subject to the Constitution”. This is because we cannot go beyond the Constitution so every law that we make should be consistent or is subject to the Constitution. Whatever law that Parliament passes is subject to the Constitution. That is why I am saying that we do not even need to begin with “Subject to the Constitution”. So it must read:
    “An employee of an external intelligence agency and internal intelligence agency has the performance of functions under this Act, the same rights and powers conferred by law on a police officer in the performance of functions and have same protections.”
    Mr Iddrisu 7:18 p.m.
    Mr Speaker, ordinarily, I would have agreed with the Hon Majority Leader that we do not subject this particular provision to the Constitution but powers of a police officer, demonstrably, is arrest.
    The rights and freedoms of innocent persons guaranteed under the Constitution -- [Interruption] -- Go to article 14 to 21. We are giving them powers to be police officers so in exercising those powers, we want to subject them to the Constitution.
    Mr Speaker, for the abundance of caution, it does no harm. So it is just the positioning.
    Mr Speaker, when you put the Question, you can direct the draftspersons to take a look at it. We cannot begin a sentence with “Subject to the Constitution”. We must say that:
    “An employee of an internal or external intelligence agency, shall subject to the Constitution …” or even if I were to put it right, “… has in the performance of functions under this Act and subject to the Constitution, the same rights and powers”. We can even add “protection” there then the rest of the words can follow.
    Mr First Deputy Speaker 7:18 p.m.
    Kindly agree on the final rendition so that I can put the Question.
    Mr Kyei-Mensah-Bonsu 7:18 p.m.
    Mr Speaker, the final rendition should read:
    “An employee of an external intelligence agency or internal intelligence agency has in the performance of the functions under this Act, the same rights and powers conferred by law on a police officer in the performance of functions and has the same protections”.
    Mr Speaker, “subject to the Constitution” does not add anything.
    Question put and amendment agreed to.
    Clause 47 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:18 p.m.
    This brings us to the end of Consideration of the Security and Intelligence Agencies Bill, 2020.
    Now, item numbered 47.
    Hon Minister for National Security?
    BILLS -- THIRD READING 7:28 p.m.
    Mr First Deputy Speaker 7:28 p.m.
    Hon Members, Motion numbered 48, by the Hon Minister for Finance.
    Suspension of Standing Order 80(1)
    Deputy Minister for Finance (Mrs Abena Osei-Asare)(on behalf of the Minister for Finance): 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 second reading of the Communication Service Tax (Amendment) Bill, 2020 may be moved today.
    Dr Mark Assibey-Yeboah 7:28 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 7:28 p.m.
    Hon Members, item numbered 49.
    BILLS -- SECOND READING 7:28 p.m.
    Mr First Deputy Speaker 7:28 p.m.
    Hon Members, order!
    Mrs Osei-Asare 7:28 p.m.
    Mr Speaker, the change in the tax will result in a revenue reduction of about GH¢90.19 million.
    Mr Speaker, I thank you.
    Mr First Deputy Speaker 7:28 p.m.
    Yes, Hon Chairman of the Committee?
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:28 p.m.
    Mr Speaker, I beg to support the Motion and present the Committee's Report.
    1.0 Introduction
    The Communications Service Tax (Amendment) Bill, 2020 was first presented to Parliament and read the first time on Tuesday, 11th August,
    2020.
    Mr Speaker referred the Bill to the Finance Committee for consideration and report in accordance with the 1992 Constitution and the Standing Orders of Parliament.
    The Committee met with a Deputy Minister for Finance, Hon Kwaku Kwarteng and a team of officials from the Ministry of Finance and the Attorney-General's Department.
    1.1 Urgency of the Bill
    The Committee met and determined that the Bill is of an urgent nature and therefore certifies that it must be taken through all the stages of passage in one day in accordance with Article 106 (13) of the 1992 Constitution and Order 119 of the Standing Orders of Parliament.
    2.0 Documents Referred To
    The Committee referred to the following documents in order to consider the Bill:
    1. The 1992 Constitution;
    2. The Communications Service Tax Act, 2008 (Act 754);
    3. The Communications Service Tax (Amendment) Act, 2019 (Act 998); and
    4. The Standing Orders of Parliament.
    3.0 Object of the Bill
    The object of the Bill is to amend the Communications Service Tax Act,
    Dr Assibey-Yeboah 7:38 p.m.
    On a point of order. Mr Speaker, we are not reducing the tax. In the principal enactment, the allocation to the National Youth Employment Authority in the Act is that at least 20 per cent of 6 percentage points of the tax shall be used to finance the National Youth Employment Authority. At the time that the tax rate was 6.0 per cent so; in the law, it says, twenty per cent of the six percentage points of the Communication Service Tax (CST).
    Now, this has been reduced to 5.0 per cent. So we leave it as it; it is of no effect. All that we are doing is that we are now saying that at least 20 per cent of the revenue generated from the CST shall be used to finance the
    National Youth Employment Agency. Previously, it was 20 per cent of the six per cent tax rate. Now, the tax rate is 5.0 and so in future, if it even goes to 7.0; 8.0 and 9.0, all that we are doing is that twenty per cent of the revenue goes to the National Youth Employment Agency. Have we reduced the tax rate?
    Mr First Deputy Speaker 7:38 p.m.
    Yes, your point is well made.
    Mr Iddrisu 7:38 p.m.
    Mr Speaker, I would conclude. I would ask the Table Office for the Youth Employment Agency Act because I wanted to satisfy myself that they are not even entitled to just 20 per cent. I recall that in shepherding that law, we have increased it from 60 to 80 per cent. Hon Majority Leader, if you would recall, at that time, you were very supportive; I was the Minister for Employment and Labour Relations and we engaged you.So it is not 20 per cent. But Mr Speaker, the record would show that it is not just 20 per cent.
    Mr Speaker, finally, listen to what the Committee says in paragraph 5.3 and it is not for the Committee to do that:
    “The Committee observes that the commencement date proposed in the Bill is 15th September, 2020”
    Mr Iddrisu 7:38 p.m.


    Mr Speaker, law-making is governed by the 1992 Constitution, under article 106; in particular, 106(7)(8). When the President assents to it, it takes effect immediately --[Interruption]--

    Mr Speaker, I thank you.

    Question put and Motion agreed to.

    Communications Service Tax (Amendment) Bill accordingly read a Second time.
    Mr First Deputy Speaker 7:38 p.m.
    Hon Members, the item listed 50, Minister for Finance?
    Dr Assibey-Yeboah 7:38 p.m.
    Mr Speaker,I beg to second the Motion.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 7:38 p.m.
    Hon Members, the item listed as 51; the Communication Service Tax (Amendment) Bill, 2020 at the Consideration Stage.
    BILLS -- CONSIDERATION 7:38 p.m.
    STAGE 7:38 p.m.
    Mr First Deputy Speaker 7:38 p.m.
    Hon Members, clause 1?
    Clauses 1 and 2 ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:38 p.m.
    Hon Members, Long Title?
    Dr Assibey-Yeboah 7:38 p.m.
    Mr Speaker, there is a new clause being proposed which is on page 4 of the Committee's Report.I beg to move, that add the following new clause: Section 5 of Act 754 amended.
    Mr Speaker, the principal enactment is amended by the substitution for section “of National Youth Employment support”.
    It would now read:
    “At least twenty per cent of the revenue generated from the tax shall be used to finance the National Youth Employment Programme”.
    Question put and amend agreed to.
    The new clause ordered to stand part of the Bill.
    The Long Title ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:38 p.m.
    Hon Members, Short Title?
    Communication Service Tax (Amendment) Bill, 2020.
    Dr Assibey-Yeboah 7:38 p.m.
    Mr Speaker, I beg to move, Short Title, delete “Communication” and insert “Communications”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 7:38 p.m.
    That brings us to the end of the Consideration Stage of the Communications Service Tax (Amendment) Bill, 2020.
    Mr First Deputy Speaker 7:48 p.m.
    Item numbered 52, Motion.
    MOTIONS 7:48 p.m.
    Dr Assibey-Yeboah 7:48 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 7:48 p.m.
    Item numbered 53?
    BILLS -- THIRD READING 7:48 p.m.
    Mr First Deputy Speaker 7:48 p.m.
    Hon Majority Leader, what next?
    Mr Kyei-Mensah-Bonsu 7:48 p.m.
    Mr Speaker, Motion numbered 21. I guess the Hon Chairman may want to add to that Motions numbered 24 and 27.
    Mr First Deputy Speaker 7:48 p.m.
    Item numbered 21, Motion by the Chairman of the Committee.
    Dr Assibey-Yeboah 7:48 p.m.
    Mr Speaker, item numbered 21 is a procedural Motion. However, it would be taken together with the procedural Motions numbered 24, 27, 30 and item numbered 2 on the Order Paper Addendum.
    Mr First Deputy Speaker 7:48 p.m.
    Hon Deputy Minority Leader, do you have any objection to moving the Motions together?
    Mr First Deputy Speaker 7:48 p.m.
    Hon Chairman, you may move the Motions together.
    MOTIONS 7:48 p.m.
    Chairman of the Committee (Dr Mark Assibey-Yeboah) 7:48 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 Minerals Royalties Investment Agreement between the Government of the Republic Ghana (represented by the Ministry of Finance), the Minerals Income Investment Fund, Agyapa Royalties Limited, and ARG Royalties Ghana Limited in relation to Gold Royalties Monetisation Transaction under the Minerals Income Investment Fund Act, 2018 (Act 978) may be moved today;
    AND 7:48 p.m.
    Mr Andrew K. E. Mercer 7:48 p.m.
    Mr Speaker, I beg to second the Motion.
    Question put and Motions agreed to.
    Mr First Deputy Speaker 7:48 p.m.
    Now, you may move the substantive Motion.
    Agreements in Relation to Gold Royalties Monetisation
    Transaction under the Minerals Income Investment Fund
    Act, 2018
    Dr Assibey-Yeboah 7:48 p.m.
    Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Minerals Royalties Investment Agreement between the Government of the Republic Ghana (represented by the Ministry of Finance), the Minerals Income Investment Fund, Agyapa Royalties Limited, and ARG Royalties Ghana Limited in relation to Gold Royalties Monetisation Transaction under the Minerals Income Investment Fund Act, 2018 (Act 978);
    AND 7:48 p.m.
    Mr Andrew Kofi Egyapa Mercer (NPP -- Sekondi) 7:58 p.m.
    Mr Speaker, I beg to second the Motions and wish to make few comments --
    rose
    Mr First Deputy Speaker 7:58 p.m.
    Hon Member, hold on.
    Yes, Hon Member for Tamale Central?
    Alhaji Fuseini 7:58 p.m.
    Mr Speaker, I want to raise a preliminary objection to the consideration of these Motions because --
    Mr First Deputy Speaker 7:58 p.m.
    You said you want to raise what?
    Alhaji Fuseini 7:58 p.m.
    Mr Speaker, I want to raise a preliminary objection.
    Mr First Deputy Speaker 7:58 p.m.
    Under our rules?
    Alhaji Fuseini 7:58 p.m.
    Mr Speaker, yes. Under our rules and article 106 of the 1992 Constitution.
    Mr First Deputy Speaker 7:58 p.m.
    Kindly refer me to the rules.
    Alhaji Fuseini 7:58 p.m.
    Mr Speaker, it is important that you hear my objection. This House passed an amendment to the Minerals Income Investment Fund -- [Interruption] -- No! It is a preliminary objection. We are doing the wrong thing. I do not oppose it neither do I support it but it is wrong because this House has passed an amendment to the law. We cannot take decisions on the old law because the House has passed an amendment.
    Mr First Deputy Speaker 7:58 p.m.
    It is your preliminary objection that I want to --
    Alhaji Fuseini 7:58 p.m.
    Mr Speaker, what we want to do is unconstitutional because we have passed an amendment to the Act in this House. We have finished with it and we cannot bring it back because it has been passed. It is in the process, so we cannot reverse it.
    Mr First Deputy Speaker 7:58 p.m.
    Hon Member, so you suggest that it is illegal and not unconstitutional?
    Mr First Deputy Speaker 7:58 p.m.
    Hon Member, I want to understand your objection. You are suggesting that it is unconstitutional but your argument suggests it is illegal and that is what I want us to confer on. If it is done against an existing law, it is illegal but you have not cited any constitutional clause. That is what I want to be sure of.
    Alhaji I.A.B. Fuseini 7:58 p.m.
    Mr Speaker, what we want to do is illegal and unconstitutional and so if we proceed, we do so under gregarious illegality. We are functus officio.
    Mr First Deputy Speaker 7:58 p.m.
    Having said which law has been passed -[Interruption] - You have not mentioned one. Which is the new one? What is the number of the amended Act? I wondered why the Minority did not second the Motion.
    Dr A. A. Osei 7:58 p.m.
    Mr Speaker, the Hon Member is a lawyer and said this House has passed an Act. Could he tell me if it is an Act without an accent? Does it become an Act because we
    passed it? Is that what he wants to tell us? [Interruption] -- That was what he said. So, once we have passed it -- finito. That is the beginning of the process. It cannot be that once we have passed it, it becomes an Act, so he should withdraw that statement. He said once we passed it, it is an Act. It is not true. That was what he said.
    Mr First Deputy Speaker 7:58 p.m.
    Hon Member, he has withdrawn his objection because he could not show which law we are going against. Hon Member, you may continue.
    Mr Mercer 8:08 p.m.
    Mr Speaker, this transaction to be approved is indeed, extremely beneficial to the people of this country. The Committee met with the representatives of the Ministry of Finance this morning, went through the documentation, asked the relevant questions relative to the transaction and we were satisfied that in the light of what it is that we have done to ourselves as a nation over the past years -- [Interruption]When God grants you a Government that has people who have competencies in a certain area and they bring it to bear to fashion out a policy that clearly
    enables the country to derive a benefit from the resources that this country is blessed with, we ought to, of necessity, support the Government to implement the policy for the benefit of the people.
    Mr Speaker, it was indicated in the Report that in the past, what we did as a country, was to wait and apply the trickles of royalties that came into the Government kitty for our development purpose. That obviously even though, insignificant is not sufficient to meet the development needs of this country. So the Ministry of Finance, put together a vehicle, pursuant to an Act that was passed in this House to the effect that the Minerals Investment Fund, should be in the position to leverage the resources of this country so that we could expedite the process of developing our country.
    Mr Speaker, we have mined gold in Obuasi and Tarkwa for many years and we know well that really, Tarkwa, Obuasi and Prestea, do not have much to show for the resources that this country has mined over the years.
    Mr Speaker, the benefits of the new arrangement that the Ministry of Finance is rolling out is contained in paragraph 5.3 of your Report. It says quite clearly that Ghana stands to reap
    immense benefits from the transaction for the following reasons: (a) It enables the Republic to raise a substantial amount of non-debt capital which does not increase the country's debt stock. We all have been crying about our debt to GDP ratio.
    Now, we have another mechanism that clearly would enable us go to the equity market to raise the requisite financing without us increasing the debt stock and also incurring interest expense to enable us fund our development expenditure.Mr Speaker, the transaction seeks to capitalise our revenue from gold royalties while reducing the budgetary exposure to fluctuations in gold prices and other external factors.
    Mr Speaker, one other benefit that this transaction brings is that it provides us a framework for establishing a viable international royalties company that can acquire royalty assets in other countries.
    Mr Speaker, even before your Report was submitted to Plenary by your Committee, I heard my friends on the other Side organise a press conference where they made all sorts of allegations that really makes one wonder whether our friends on the other Side have this country at heart.
    rose
    Mr First Deputy Speaker 8:08 p.m.
    Yes, Hon Minority Chief Whip?
    Alhaji Muntaka 8:08 p.m.
    Mr Speaker, I thank you very much.Mr Speaker, for the avoidance of doubt, my Hon Colleague's name is Egyapa and we have this Agreement with Agyapa Royalties Ltd. I have not heard him talk about whether he is associated or not and whether there is a possibility of a conflict of interest situation or not.Mr Speaker, I would just want to be sure that he is not related in any way to this Agyapa Royalties Ltd Agreement that we are discussing because he is seconding the Motion. I thought that I needed to get this clarity.
    Mr First Deputy Speaker 8:08 p.m.
    Hon Member, for the record, are you related to the company Agyapa Royalties Ltd?
    Mr Mercer 8:08 p.m.
    Mr Speaker, your Report is categorical on page 5 that the Fund incorporated Agyapa Royalties Ltd under the laws of New
    Jersey. I am not the Fund. My name thankfully is a beautiful name; it means good father.
    Mr First Deputy Speaker 8:08 p.m.
    I just want an answer; yes or no?
    Mr Mercer 8:08 p.m.
    Very well, Mr Speaker.
    Mr Speaker, one assertion that they make and I was speaking to the strange comments that I heard my friends from the other Side make to the media seeking to confuse the public and create a certain impression that this Government is mortgaging the future of this country for today.
    Mr Speaker, indeed, if we look at the nature of the transaction, one wonders how they could draw such a conclusion. This is a situation where these royalties are due Ghana. They come in annually in trickles.
    Government is setting up a vehicle that enables us go on to the capital market to raise equity so that we can use that equity to fund our development agenda today, generate returns therefrom and also expect part of the royalties because Government still retains 51 per cent in the vehicle that is being set up.
    How could one conclude that that is mortgaging the future of this country? Except, of course, Mr Speaker, they have one particular agenda which is to see that the Akufo- Addo Government fails but thankfully, the good people of this country vested this Side of the House with the majority so that we can support positive policies of Government to drive the development agenda of this country.
    Mr Speaker, indeed, I heard my very learned senior at the Bar and my lecturer suggest that the structure itself seeks to prevent succeeding Governments from appointing directorships to the Fund. That clearly is not borne out by any clause in the Agreement. If we look at clause 5 of the Relationship Agreement, it is clear on how directors are appointed and removed. Mr Speaker, for the benefit of the record, I may refer to the Agreement and read. Clause 5 (1) says :
    “Subject to clause 5 (3) (4) (6) and (7), for so long as the fund and or its associates alone or together hold in aggregate
    (a) ten per cent or more of the voting attaching to any share which are generally exercisable at general
    meetings, the fund shall be entitled to appoint (and removed and reappoint) one natural person to be a non- executive director; and
    (b) thirty per cent of more of the voting right attaching to any shares which are generally exercisable at general meetings, the fund shall be entitled to appoint in addition to any person appointed pursuant to clause 5.1 (a), one additional natural person to be a non-executive director.”
    Mr Speaker, clause 5 (2), (3), (4), (5) (6) (7) and (8) all point to the ability of the fund to change the directors as and when they so desire. So, if they go out and tell the good people of this country through a press conference that this Government is seeking to prevent succeeding governments -- and that our friends do win 2020 perish, this is a good deal. [Uproar] Mr Speaker, it cannot be in the interest of the opposition for the sake of it to oppose a transaction of this nature.
    Mr Speaker, this is the only country that we have and it is important that when policies like this are introduced
    Dr Dominic A. Ayine (NDC-- Bolgatanga East) 8:18 p.m.
    Mr Speaker, I beg to oppose the Motion for the approval of the five listed transactional Agreements contained in the Report of the Committee on Finance.
    Mr Speaker, I will do so on three legal grounds; one is the principle in MacFoy v UAC. Two is on the basis of article 181 (5) and then three is on article 195 of the Constitution of the Republic of Ghana.
    Mr Speaker, as a preliminary matter, I would want to observe that article 1 of the Constitution is very clear that the powers of Government must be exercised in the name of and for the welfare of the people of this country. If, in the overall assessment of this House, this Agreement is
    welfare reducing, we must reject it and reject it, and I am calling upon Hon Members to listen to the financial analysts when they talk -- to listen to the Hon Ato Forson -- [Uproar]; to listen to the Hon Jinapor when they bring to the floor of this House the financial implications of this Bill that we are about to approve and they would tell you in no uncertain terms that this deal is not welfare improving.-- [Uproar] It is not welfare enhancing.
    Mr Speaker, I will now go on to the legal grounds of my objection. As I said, the first ground is on the basis of the principle in MacFoy v UAC and Mr Speaker is familiar with the case.
    It is a 1961 decision of the Privy Council and Lord Denning was the Judge in the case. Mr Speaker, Lord Denning said that:
    “if an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad”.
    Mr Speaker, Lord Denning offered the following memorable words that every law studens holds from this case. He said “you cannot put something on nothing and expect it to stay there. It will collapse”.
    Mr Speaker, in terms of the statutory basis of the agreements that we are about to approve today, these agreements are based upon the Minerals Income Investment Fund Act, 2018 which was passed by this House. When we passed the Act, we gave the Fund the power to incorporate special - purpose vehicles for the purpose of carrying on the businesses of the Fund.
    The proponents of the Bill came back to this House and asked that the Bill should be amended to amplify its provisions to make it more firm for the purpose of the conduct of the business of the Fund. This House graciously then passed the Minerals Fund Investment (Amendment) Bill.
    Mr Speaker, by the terms of article 106 (7) of the Constitution, the Bill was supposed to have been transmitted to the President of the Republic for his assent. As we speak, the President has not indicated to this House that he has assented to the Bill.

    Mr Speaker, if the Hon Chairman of the Committee would allow me I would provide him with the evidence. The Report from your Committee says under paragraph 3 that the purpose of the transaction agreements on page 5 that, these agreements are coming under the Minerals Investment Fund Act, 2018 (Act 978). Mr Speaker, I have scrutinised all the agreements and they are based upon the amendments. In terms of the scope of what we provided for, they are based upon the amendments.
    Mr First Deputy Speaker 8:18 p.m.
    Hon Member, let me get you clear. Is the Act you have just cited the amendment?
    Dr Ayine 8:18 p.m.
    Mr Speaker that is the parent Act.
    Mr First Deputy Speaker 8:18 p.m.
    So, why do you say that when the Report --
    Dr Ayine 8:18 p.m.
    Mr Speaker, that is what your Committee's Report says ; that the transaction agreements are predicated upon the Act and not the (Amendment) Act.
    Mr Speaker, here comes the contradiction. The Hon Minister for Finance represented by the Hon Deputy Minister brought the request for the approval of the transaction agreements and tax exemptions granted thereunder in relation to the gold royalties' monetisation transaction under the Minerals Income Investment Act. There was no reference at all to the amendments yet under paragraph (e) on page 3, the Hon Minister then says that the Fund Act amendments are in the process of being assented to by the President and will shortly come into force.
    Mr Speaker, the reason the Hon Minister found it prudent to draw our attention to this is that some of the provisions; in fact a substantial number of the provisions in the transaction documents are based upon the anticipated coming into force of the amendment and not the substantive Act. That is why I am saying that the statutory basis of these transactions is null. There is no basis at all and as Lord Denning rightly put it in MacFoy v UAC --
    Mr First Deputy Speaker 8:18 p.m.
    Hon Members, we are on record and particularly for you, you are a lawyer and a lecturer. As at today, what is the law?
    Dr Ayine 8:18 p.m.
    Mr Speaker, as at today, the law is the Minerals Income Fund Act, 2018 (Act 987). That is deposited --
    Mr First Deputy Speaker 8:18 p.m.
    And according to the Report, the application is based on this law?
    Dr Ayine 8:18 p.m.
    Mr Speaker, as a matter of positive law, the black and white letter of Act 978 should govern every provision in this agreement and not the amendment.
    Mr First Deputy Speaker 8:18 p.m.
    Hon Member, so far, in your argument, you have not made any reference to any part of the amendment which your Reports refer to apart from saying that the Hon Minister said that there would be an amendment. You have not made any reference to any.
    Dr Ayine 8:18 p.m.
    Mr Speaker, I wish Parliament had all the time in the world for me to go through -- [Uproar]
    Mr First Deputy Speaker 8:18 p.m.
    Very well, proceed.
    Dr Ayine 8:28 p.m.
    Mr Speaker, this is very important. When the Hon Minister gives us an assurance that the agreements are being brought here in anticipation of the coming into force of the amendments to the Minerals Income Investment Act, Parliament should take that statement very seriously because it is the Hon Minister who has brought the amendment and thinks that the amendments are germane to the transaction documents. That is why he is urging this House to pass them on the basis -- [Uproar] Mr Speaker, your Committee's Report on page 4 stipulates:
    “the Minerals Income Investment Fund Act, 2018 (Act 978) was passed in 2018 and has since been amended by Parliament to enable SPVs created under the Act to operate as regular commercial companies on sound corporate governance principles”.
    Mr Speaker, it is on the basis of this assumption that the Hon Minister has incorporated Agyapa as an offshore company in New Jersey. As an SPV, the offshore company is governed by the amended Act and not the current parent Act. Mr Speaker,
    this is what we gather from the totality of the documents presented today and that is why I am urging this House to reject the agreements on the basis that they are based on a statutory nullity. This is the first point of law based on which I am urging the House to reject the Agreement.
    Mr Speaker, the second point of law is on the basis of article 181(5) of the Constitution. Mr Speaker, this qualifies as an international business and economic transaction because if you read the case of Attorney- General v Balkan Energy, Justice Dartey-Baah JSC indicated quite clearly some of the indicia of an international business transaction that we have to take into account in determining whether a transaction is international.
    Mr Speaker, offshore incorporation is one of them. Apart from the offshore incorporation, if there is a provision that subjects it to international arbitration ,it is one indicia of the foreign nature of the company.
    So in this agreement, we are subjecting all disputes to resolution under the International Centre for the Settlement of Investment Dispute (ICSID) Arbitration. So this is one clear indication that it is an international business transaction.
    Dr Ayine 8:28 p.m.
    Mr Speaker, secondly, we are saying we are going to offload 49 per cent of the shares of Agyapa Offshore to foreign investors because it would be listed on the London Stock Exchange. This, again, is an indication that it is an international business transaction because these foreign shareholders, for want of a better expression, are non-Ghanaian.
    So, Mr Speaker, the point I would want to make in respect of article 181(5) of the Constitution is that, it mandates that the terms and conditions of the Agreement should be laid before Parliament for approval. The transaction documents do not tell us anything at all about the terms and conditions of the share subscription. It is the prospectus that would tell us the actual terms upon which the US$500 million would be raised.
    When at Committee, we asked for the prospectus so we could scrutinise it and see whether or not we are getting a good deal as a people. We were not given the prospectus, they said it is confidential. No document can be confidential as far as the sovereign Parliament of the Republic of Ghana is concerned even at Committee.
    There is no reason we could not have scrutinised the terms and conditions of the prospectus in order to approve this agreement in accordance with article 181(5) of the Constitution. This is because, as I have said, this is an international business transaction.
    Mr Speaker, I also would want to say that because of the anti-money laundering laws of this country as well as the beneficial ownership provisions of our Companies Law, there is the need for full disclosure, and as we speak, the Agyapa Company is an offshore company. Mr Speaker, you know that Jersey is a tax saving, they operate in very opaque regulatory circumstances. It is not likely that we can subject it to the transparency requirements of our Companies Code.
    Lastly, Mr Speaker, there is a provision in the relationship agreement that says that any director appointed, executive and non-executive directors appointed cannot be removed subsequently, that their independence is forever guaranteed. I understand that this is necessary in order to give the investment community the confidence to buy the shares.
    However, Mr Speaker, article 195 of the Constitution is very clear. The Minerals Income Investment Fund is

    This is because, the Chief Executive now is a member of that Board. I believe the Chief Executive is an appointee either of the President or on delegation of the powers of the President under article 195(2) of the Minister. Are they saying that for the life of the Agreement, in perpetuity, if there is a change in Government, no Government can remove a director, and are they saying that if the director is a non-performing one, the sovereign people of this country cannot take a decision through their elected representative to remove that person?

    Mr Speaker, this is bad for the country. It is bad for the Constitutional order that we have created for ourselves. It is also bad for the image of the Parliament of Ghana if we approve this without the full complement of the information for us to make a reasoned decision based upon deliberation.

    Deputy Minister for Finance (Mr Charles Adu Boahen): Thank you Mr Speaker for the opportunity to contribute to the Motion.

    Mr Speaker, first and foremost, I would talk about the concept of royalty companies. Royalties companies have been around for a while longer than I could remember. And there are a lot of royalty companies that are listed on various stock exchange. They are quite prevalent in North America. You would find them listed on the Toronto Stock Exchange and on the national Stock Exchange in America.

    There are a few royalty companies including Osisko Gold Royalties, Franko Navara Gold Royalties which actually has a market capitalisation of US$37 billion today. We also have Sandstorm Gold Royalties and Royal Gold Inc, to name a few.

    Mr Speaker, investors like gold royalty companies for a few reasons. The primary one is to have exposure to gold prices without the risk of investing in the actual gold mining company where they would be exposed to the operational and management risks whereas royalties are taken off the top and so therefore, one get the exposure to gold prices without the risk of having invested in an operational business.
    Dr Ayine 8:38 p.m.
    Mr Speaker, another reason is because investing in royalties gives one access to a diversified portfolio of gold companies. So one is not putting all his eggs in one basket; he has royalties from different mines, therefore having a diverse portfolio of royalty streams which reduces his risks and exposure to one company that could go barely up in a moment's notice.
    Mr Speaker, we are not trying to do anything exceptional or new here. What we are trying to do is to create Ghana and Africa's first gold royalties company that would be listed on the London Stock Exchange. This company would bring a spotlight on Ghana and our gold resources would be marketed worldwide to the world.
    Mr Speaker, by virtue of exposing us to the world in terms of listing this gold royalties company, we would attract a lot more investment into our gold industry which would mean that we have more exploration, more discovery of gold resources and more companies mining and prospecting for gold. This would in turn translate into additional increase in royalties through the company and to the Mineral Income Investment Fund.
    So, Mr Speaker, it is not like we are doing anything that would give away our royalties. The structure of
    the gold royalties company is quite straight forward. Essentially, what we are doing here is asking investors to buy shares in a company that would give them a share of our royalty flows over the lifetime of the mine.
    For example, if you have a mine, that has a 15 year concession or mining lease, and the mine produces a US$100 worth of gold and pays royalties worth 5 per cent of that to the Minerals' Income Investment Fund, the Fund would pass on those royalties to Agyapa which is listed on the London Stock Exchange which intends pay out dividends to the shareholders who have bought shares in Agyapa.
    So today, Agyapa would raise up to US$500 million with the assurance that over the lifespan of these mines, we would be passing on royalties as dividends to the shareholders. Government would still maintain a 50 plus one shareholding in Agyapa which would allow it to retain half of the royalty flows for its own benefit.
    So I would like what has been passed out in the media, this company would be for the term of the mining leases which is an average of about 15 years and would also allow Government to actually eat his cake
    and have it, because they would have the benefit of the royalty flows and the benefit of generating a lump sum amount of money which he can then use to invest in additional gold mining companies.

    Mr Speaker, it is unfortunate that today, after over 100 years of mining gold in Ghana, we do not have just one indigenous Ghanaian-owned gold mining company. The last one we had which was not Ghanaian-owned was government-owned was the Ashanti Goldfields but we do not have one entrepreneur Ghanaian businessman that we can point to and say that he owns a gold mining company of the likes of Newmont or Goldfields or Anglogold and that is very unfortunate.

    Mr Speaker, we believe that through raising this amount of money, the Mineral Income Investment Fund can support Ghanaian entrepreneurs who want to invest into gold mining companies and we can create Ghana gold mining giants just like we have in South Africa and in Canada.

    Mr Speaker, the reason we require incorporation of the company in Jersey is because it is a tax-free entity. So royalty flows that are transferred to

    Agyapa in value for Jersey would not be taxable and so dividends can be paid without any tax applied to them.

    Mr Speaker, with regards to the directives, it is only independent directives that cannot be changed. The directives by the CEO of the Minerals Income Investment Fund is there not as an independent director but as a Government representative.

    He can be withdrawn and changed at any time so long as he is no longer the CEO of the Minerals Income Investment Fund, he no longer sits on the Board. That Board seat is for the CEO of the Minerals Income Investment Fund not for an individual. There is another seat there for a director of the Minerals Income Investment Fund and that is for a director who can be changed at any time.

    Mr Speaker, this transaction would be a first of its kind for Africa and right now, we do not have any gold mining companies listed on the London Stock Exchange so there is a lot of appetite for a company such as this. This is because we would be the first company -- the only company that was a gold mining company on the London Stock Exchange was delisted last year after there was a merger with another company. So this would be one and the only gold mining company
    Mr John A. Jinapor (NDC -- Yapei/Kusawgu) 8:38 p.m.
    Mr Speaker, today, we are called upon to agree and approve about five different agreements. Looking at the Report from the Finance Committee, we are dealing with five agreements. The total amount involved in this transaction is about US$1 billion.
    Mr Speaker, at the Committee level, we insisted as a responsible and patriotic Minority that is committed to safeguard the interest of this country to ensure that all the relevant documents are provided.
    Year Budget Review, on appendix 4 (b), gold royalties alone
    Dr A. A. Osei 8:48 p.m.
    On a point of order. Mr Speaker, my good Friend said that in the Mid-Year Budget Review, we approved GH¢110 billion. That is false. This House approved GH¢11.8 billion -- [Interruption] -- This is a House of records.
    Mr First Deputy Speaker 8:48 p.m.
    Hon Member, your point has been well made.
    Hon Member, please correct yourself.
    Mr Jinapor 8:48 p.m.
    Mr Speaker, the Hon Minister is totally wrong. I quote from the Budget, page 89, paragraph
    6.6:
    “This will bring the revised 2020 total appropriation to GH¢109, 933,164,124 -- [Interruption] -- Mr Speaker, let me assure him that I know what I am talking about.
    Mr First Deputy Speaker 8:48 p.m.
    Hon Jinapor, you are rounding up what was approved in the previous Budget with this one, but you said --
    Hon Members, order!
    You said, “For the Mid-Year Budget Review, this House approved GH¢110 billion”. This House approved GH¢10 billion and that would add to what we are adding to what we have previously approved. Just correct yourself and move on, please.
    Mr Jinapor 8:48 p.m.
    Mr Speaker, I was clear in my mind what I was talking about. I said that from the Mid-Year Review Budget this year alone -- [Uproar] -- I was referring to 2020 -- [Uproar] -- Mr Speaker, I stand by what I said. I said from the Mid- Year Budget Review, an amount of GH¢110 billion was approved for the year -- [Interruption] -- the media is covering this programme and it is live.
    Mr First Deputy Speaker 8:48 p.m.
    Hon Jinapor, I have ruled that that was wrong. Just correct yourself and move on. There is no need to shout about this. What the media covers is not part of our records. What is our record is what we want to correct.
    Mr Jinapor 8:48 p.m.
    Mr Speaker, I said that from the Mid-Year Budget Review, the Hon Minister requested that an amount of GH¢109 billion should be approved for the year. So, there is no argument.
    Mr Speaker, if you refer to appendix 4 (b) of the Mid-Year Budget Review and the Budget itself -- [Interruption] --
    Mr Speaker, I hope you are taking note of the attempt to derail the process, but I will make my point. I am resilient and I will make my point.
    Mr Speaker, in appendix 4(b), for mineral royalties alone, the State is required based on the revenue streams, we are getting more than a GH¢1 billion per annum. When it is converted into dollars, it is almost US$200 million every year for the State. Even in 2016, the Hon Minister confirmed that we got about US$120 million. So, if they are getting about US$200 million per annum, why do they want to rush to go and take US$500 million? What they are doing
    Mr Jinapor 8:48 p.m.
    to mortgage 75.6 per cent of our mineral revenues going forward forever for this so-called Agyapa Company.
    Mr Speaker, the question is, if Ghana was President Akufo-Addo's company and he was the board chairman, would he bring this document for us to approve? -- [Interruption] -- He gets US$200 million per annum and he insists that he want to take US$500 million and cede US$140 million per annum to a so-called SPV. This is unfortunate.
    Mr Speaker, just as the learned former Deputy Attorney-General and Minister for Justice said, this transaction of opaque; it does not meet best practices. It is inimical to this country, it is detrimental to the forward match of this country, and this is another Ameri in the making. [Laughter] -- This is another PDS in the making -- [Laughter]
    Mr Speaker, the Hon Deputy Minister said that is not debt. Those who understand finance should listen. When you go and borrow money, and say that it is not debt, but every month, when I receive income comes in, 50 per cent of that money is taken to service that facility. If this is not debt, what is it?
    Mr Speaker, why are we here? That is critical. The Hon Chairman of the Committee said that we need money urgently. When they took over, our debt level was GH¢120 billion. Today, they have confirmed that our debt level is over GH¢250 billion -- [Uproar] -- They have increased our debts by more than GH¢100 billion and there is nothing to show for it. And just four months to elections, realising that there is nothing to show for it and they would lose the elections, they want to rush throw a so-called US$500 million facility?
    Mr Speaker, when I entered this Parliament, I swore an oath and I speak on behalf of the Minority, that we shall do what is good and what is proper and protect the interest of this country. [Hear! Hear!] -- Those of us on the Side of the Minority are patriots, we believe in Ghana -- [Uproar] -- we believe in the right thing. We will not be part of an illegality today, tomorrow, the day after tomorrow or forever. We wash our hands clean -- [Uproar] -- this agreement or transaction is repugnant to article 106, clauses 7, 8, 9, 10 and 11 of the Constitution. We will not be part of this agreement.
    Mr Speaker, today is a very sad day indeed. [Hear! Hear!] -- I cannot believe this Government, can bring such an agreement for us to approve.

    Mr Speaker, I would want to say on authority to the investors that if they invest in this illegality, they will be throwing their moneys away, because God willing, on the 7th January, 2021, by the Grace of the Almighty God -- [Uproar] -- Mr Speaker, by the 7th of January, 2021 by the grace of the Almighty Allah -- [Uproar] -- We will be on the other Side of this Chamber -- [Hear! Hear!] -- And when we are there, all those who are perpetuating this, shall be held accountable and liable and they would answer for their deeds. [Uproar]

    Mr Speaker, in conclusion, I would want to end with my favourite quote. Let the world listen today:

    “The world often suffers a lot, not because of the violence of the bad people, but because of the silence of the good people.”

    Mr Speaker, we are the good people in this Chamber -- [Hear! Hear!]-- We will not be part of this
    Minister for Information (Mr Kojo Vincent Oppong-Nkrumah) (MP) 8:58 a.m.
    Mr Speaker, I thank you for the opportunity to contribute to this debate that is currently before this House.
    What we witnessed in the last few minutes is a very sad spectacle in the history of our Republic that while the sovereign Government of the Republic of Ghana is seeking to raise resources that it would put to good use to improve the quality of lives of our people, we are witnessing, right before our very eyes, attempt to threaten international investors and well-minded people, who would want to invest resources in what the Republic of Ghana is doing.
    This is something we ought not to mince words about; it is a very unpatriotic act that we are witnessing in the Chamber of this Parliament. That while the sovereign Government of the Republic of Ghana as it has done in years gone by, seeks to raise money to invest in improving the quality of lives of people, some
    Minister for Information (Mr Kojo Vincent Oppong-Nkrumah) (MP) 9:08 p.m.
    “(a) It enables the Republic to raise a substantial amount of non-debt capital, which does not increase Ghana's debt stock;
    (b) as an equity capital market transaction, the Transaction does not include a repayment obligation or requirement to make interest payments;
    (c) the Transaction capitalises Ghana's revenue from gold royalties while reducing Ghana's budgetary exposure to fluctuations in gold prices and other external factors (such as output from the mines); and…”
    Mr Speaker, anybody who has paid attention to our fiscal tables and the proportions that accrue for royalties, knows that it fluctuates depending on the World Market; pricing for gold and the volumes we are producing. This structure stabilises how much we are able to raise and appropriate on an annual basis.
    And it is a structure that I think our Hon Colleagues should stop shouting, like the Fantes say, Won shout, take their time, appreciate and support.
    Mr Speaker, additionally, this Transaction provides a framework for establishing a viable international royalties company that can acquire royalty assets in other countries. Many other countries have taken the lead with ingenious funding options like this. We are privileged to be in a dispensation where the people who manage our finances are putting together, a structure like this.

    So, Mr Speaker, I want to encourage our Hon Colleagues on the other Side and my good friend who just spoke. In my hometown, we would say “papa no”, so I want to encourage “papa no” to take some time and follow the structure of this - [Uproar.] Thank you, Mr Speaker, for the opportunity.
    Mr First Deputy Speaker 9:08 p.m.
    Yes, Leadership?

    Several Hon Members: Papa no! Papa no!
    Mr First Deputy Speaker 9:08 p.m.
    Order! Order!
    Mr James Klutse Avedzi (NDC -- Ketu North) 9:08 p.m.
    Mr Speaker, I rise to encourage my Hon Colleagues
    from both Sides of the House to take their time and reject this particular agreement. [Uproar] A lot of reasons have been given --
    Mr First Deputy Speaker 9:08 p.m.
    I cannot hear what you are saying. Order! Order! Hon Deputy Minority Leader, you may continue.
    Mr Avedzi 9:08 p.m.
    Mr Speaker, as I said, the Hon Minister for Information referred to a Colleague as “papa no”. I think that reference is not parliamentary. If the Hon Minister could withdraw that statement, we would move forward.
    Mr First Deputy Speaker 9:08 p.m.
    Hon Member, can you repeat what you said? I do not understand why we cannot keep quiet and listen to one another. Hon Member, can I hear you again, please?
    Mr Avedzi 9:08 p.m.
    Mr Speaker, I was saying that the Hon Minister for Information made reference to a Colleague as “papa no”. Mr Speaker, it is not everybody in this Chamber
    who understands that language but the reception that we are getting from outside means that the reference is unparliamentary. [Interruption] We always refer to our Colleagues as the “Hon Member for…” or “Hon Member” but to refer to a Colleague as “papa no” is derogatory, so if he could withdraw that statement, it would be fine.
    Mr First Deputy Speaker 9:08 p.m.
    Hon Minister for Information, whom did you refer to as “papa no”?
    Mr Oppong-Nkrumah 9:08 p.m.
    Sorry, Mr Speaker, I can hardly hear you because of the noise.
    Mr First Deputy Speaker 9:08 p.m.
    Whom did you refer to as “papa no”?
    Mr Oppong-Nkrumah 9:08 p.m.
    Mr Speaker, in line with Order 47 of the Standing Orders of this House that says that:
    “The proceedings of Parliament shall ordinarily be conducted in the English Language, except that a Member may exercise the option to address the House in either Akan, Nzema, Ga, Ewe, Hausa, Dagbani, Dagaare or in any other local language provided facilities exist in the House for its interpretation.”
    Mr Oppong-Nkrumah 9:08 p.m.


    Mr Speaker, midway through my submission, I said that I want to encourage my Colleague on the other Side who just spoke, who in my language, we would refer to as “papa no” -- [Interruption] -- to support this Motion. So, to wit, my Colleague on the other Side. The Hon Jinapor is a very good friend of mine, so I did not mean anything untoward. [Uproar]
    Mr First Deputy Speaker 9:08 p.m.
    Order! Order! Hon Member, in this House, you refer to a Colleague either by his constituency or by his title. So, if you were referring to somebody as “papa no”, it is unparliamentary. Who you wanted to refer to, refer to that person by his constituency name. So, kindly withdraw the “papa no” and refer to his constituency. [Interruption]
    The Hon Minister should have provided the English translation which would mean “the man” but that is not an acceptable parliamentary language. You would refer to him by his constituency, “the Hon Member for…”. That is how you would refer to him.
    Mr Iddrisu 9:18 p.m.
    Mr Speaker, I heard you ask our Hon Colleague to do what is honourable and what respects our Standing Orders. His reference to an Hon Colleague as “papa no” -- [Laughter] What he wants to achieve, he can repeat it as many times as he wishes. Mr Speaker, I am interested in your ruling.
    There are many names we can come across from today. Some we would dedicate to some; and there are many names. I know you would not encourage us to do so because I will seek comfort in Dagbani, Hausa, Gurunsi or Nakani to use words that are not acceptable. To come to Parliament to employ those words used on social media, we take strong objection to it.
    If he does not withdraw, we would not recognise him today, as an Hon Minister. We would refer to him as [Interruption] -- We would not accord him any respect as an Hon Minister. What does he mean? What does he take us for? From today, we would not recognise him as an Hon Minister of State. We would give him a name. We would not and we would serve him notice. The Hon Member for Yepei/Kusawgu was elected just like him and his constituents respect him and we owe him that respect. [Interruption] -- We would not take
    Mr Iddrisu 9:18 p.m.


    this lightly because they would use papano on social media. They know what it means. He has lost my respect as the Hon Minority Leader, from today. [Interruption] -- We would also call him maame no
    Mr First Deputy Speaker 9:18 p.m.
    Hon Majority Leader?
    Mr First Deputy Speaker 9:18 p.m.
    Hon Members, Order!
    Hon Member for Ekumfi, Mr Cudjoe and -- who is the Hon Member there who has refused to keep quiet.?
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 9:18 p.m.
    Mr Speaker, you are vested with the powers for the observance of order in the House. When the incident happened, the Hon Minority Leader, raised issue and called for the Hon Minister of Information, to withdraw a certain usage. That call was in order but unfortunately, before the Hon Minority Leader ended, he said that from today on, if the Hon Minister did not withdraw what he said, they would not recognise him.
    Mr Speaker, space should be given to you to make a ruling. He did not allow you space to make a determination and went on to say that from now on, he would not recognise the Hon Minister. He also ended by saying that from now on, he is maame no -- [Interruption] -- Yes, that was what he said.
    The Hon Member for Ajumako/ Enyan/Essiam, should not bear false witness. Is that how the Hon Deputy Minority Leader is? That he did not hear what the Hon Minority Leader said? That is strange. If the Hon Deputy Minority Leader says that he did not hear what the Hon Minority Leader said, that is strange. It is a very sad comment from him if he says, sitting close to the Hon Minority Leader that he did not say that.
    Mr Speaker, two wrongs certainly, do not make a right. As I said, the Orders provide as to how to address one another. If he goes off tangent, of course, all of us occasionally, slip. I thought what my Hon Colleague said was said in jest but if the Hon Member for Yapei/Kusawgu takes offence to it, he has a right to call on the Hon Member to withdraw.
    If he has to apologise, I would be worried, except the Hon Minority Leader, would also have to apologise to him. [Interruption] -- Now, they
    Mr First Deputy Speaker 9:28 p.m.
    Can I have some order at the leadership bench please?
    Sometimes I wonder why one Side or the other complains about the things you each do when Mr Speaker makes a ruling rather than -- can I have some quiet please?
    Can I have some order at the leadership benches please?
    In this House, I do not remember the number of times that a Speaker, presiding has ruled out that an Hon Member should apologise or withdraw that they have willingly done that. They would find all kinds of means to avoid withdrawing. Hon Member for Yepei/Kusawgu, Mr Jinapor, you were guilty of that when I ruled that you were wrong. You changed what you said and rather restated the thing and pretended that you did not say what you said.
    My ruling was that it is inappropriate according to our rules to refer to an Hon Member, as any other name or title other than by what the rules say by the person's constituency or by his office or position in the House.
    That is what the rule says. Or you may call the person the other Gentleman. What the Hon Member said in Twi translates in English, “the man”. If you are offended by him calling you “the man” or “that man” that is fine, otherwise, on so many occasions, one of us from either Side of the House has erred by referring to the other Member by the name. Even I often make that mistake by sometimes struggling to get the Constituency name or inadvertently
    mentioning the Hon Member by name. I do not remember anyone who has been asked to withdraw and apologise because they referred to a person by a name other than what is in the rules.
    Hon Members, I have only said that you are not entitled to call the person by a name other than what the Standing Orders say. I pretended to overlook the Hon Minority Leader's threat or anger he demonstrated because I think it is in the spur of the moment and knowing this House, tomorrow we would get away with it but some insist on making an issue out of it. I do not think we would gain anything as a House by pretending that that is new and the threat do not come to anything.

    Then, please, do speak.
    Mr Avedzi 9:28 p.m.
    Mr Speaker, I rise to urge the both Sides of the House to reject this Agreement.
    Mr Speaker, reasons have already been cited by Hon Members both legal and non-legal. It is very interesting to hear from Members of the other Side of the House justifying and trying to mortgage future revenue.
    Mr Speaker, we were in this House when the NDC Government went to China to take the CDB facility of US$3 billion and we were going to use the future inflow of oil revenue to service the facility. Hon Members from that Side of the House when they were on our Side objected that we should not mortgage the future inflow. Today, they find it important that it is a good decision to go for future loan or a facility that we can use future revenue inflows to service it.

    How are they going to use that money? [Interruption] Where? There is nothing here and so what are we approving? They want us to approve US$500 million for them to go and use for what? We should know as a House.
    Mr First Deputy Speaker 9:28 p.m.
    Hon Deputy Majority Leader, hold on --
    Dr A. A. Osei 9:28 p.m.
    Mr Speaker, I just want remind my former Chairman that when we make the budget, for example, we do not say that income tax revenue would be used to pay wages. It is all part of the pool. We do not identify that company tax would be paying salaries. The revenue is part of the revenue stream in the budget. It is used to pay his salaries, my salaries, buy PPEs, etc. That is what the budget does and he knows this.
    Mr Speaker, sooner than later he will tell us that tax revenue should only be used to pay wages. We cannot do budget that way. He should know better.
    Mr Avedzi 9:28 p.m.
    Mr Speaker, it is very interesting to hear from the Hon Minister for Monitoring and Evaluation that the future royalties that we are mortgaging now would be used to pay our salaries -- [Uproar] -- That is what he just said. It is not even in the budget --
    Mr First Deputy Speaker 9:28 p.m.
    Hon Deputy Minority Leader, for the record, what he said was that just like tax revenue, we do not declare what we would use it for. It is in the pool and it could be used for that. So, he did not state directly that it would be used for salaries, just so that the record would not be distorted, please. He was referring to general revenue.
    So, please, proceed with your discussion.
    Mr Avedzi 9:28 p.m.
    Mr Speaker, in the 2020 budget, about GH¢1.3 billion was estimated to be revenue coming from the royalties. In the Mid-Year Budget Review, this figure was reduced to GH¢1.003 billion and when the question was put to the Hon Deputy Minister at the Committee level, he said they did not anticipate this. So, it is not in the budget.
    Mr Speaker, so, now that the money is not in the budget and we are going to approve this for them. They are going to collect the US$500 million, they have not told us how they are going to use the money and they want us to approve it for them. We cannot do that!
    Mr Speaker, they should join us and let us stop this. It is not good; it is not in the interest of this country. They cannot take US$500 million which is
    not budgeted for and they have not even told us in the Report how it would be utilised and they want us to support them. We cannot do that.
    Mr First Deputy Speaker 9:28 p.m.
    Hon Majority Leader, does the Majority leadership wish to make any further contribution?
    Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 9:38 p.m.
    Mr Speaker, yes.
    Mr Speaker, indeed, the Constitution in article 93(2) vests the legislative power of Ghana in Parliament that it is Parliament that has the authority to legislate and the legislation is in accordance with the Constitution. Article 106(1) fortifies this when it provides that the power of Parliament to make laws shall be exercised by Bills passed by Parliament and assented to by the President.
    Mr Speaker, after Parliament passes any laws, the Bills must be transmitted to the President for his assent. When the Bills are sent to the
    Mr First Deputy Speaker 9:38 p.m.
    Hon Members, there is too much movement and noise in the House.
    Hon Majority Leader, you may continue.
    Mr Kyei-Mensah-Bonsu 9:48 p.m.
    Mr Speaker, our Hon Colleagues on the other Side made the point that there is nothing before us and technically, so to speak, there is a void and so we cannot have those agreements that are predicated on the amendment Bill.
    Mr Speaker, Parliament has the power under article 106(11) to postpone the operation of any law that is made in this House. That is a constitutional imperative and Parliament has the power under article 106(11) when a Bill is passed, to cause the postponement of the operation of the law.
    Assuming without admitting that these agreements cannot be operationalised if the President has not assented to that Bill, what is required of us then would be to provide that not until the President assents to the Minerals Income Investment Fund Bill, we cannot assent to operationalise this. It is as simple as that, but for people -- and lawyers at that -- not to appreciate the combined effect of article 106(7) and 106(11), I find it really difficult to appreciate.
    All that is required, assuming the agreement should definitely be predicated on the Minerals Income Investment Fund (Amendment) Bill which has been passed, but which has
    not been assented to by the President, then all that is required of us is to adjunct the approval of this agreement by saying to the President that we cannot operationalise this until he assents to the Bill.
    This is provided for under article 106(11). It is as simple as that and I am surprised that people are making fetish out of this. I cannot just understand with my life that this would be the argument of my Hon Colleagues on the other Side.
    Secondly, an issue has been raised about article 181(5) and I beg to read from article 181(1). The article relates to loans and it provides that:
    “Parliament may, by a resolution supported by the votes of the majority of all the members of Parliament, authorise the Government to enter into an agreement for the granting of a loan out of any public fund or public account.
    (2) An agreement entered into under clause (1) of this article shall be laid before Parliament and shall not come into operation unless it is approved by the resolution of Parliament.”
    Mr Speaker, what this means is that we are granting a loan out of a public fund or a public account. The processes and procedures are then set out in clauses (3) and (4).
    Mr Speaker, the former Hon Deputy Attorney-General and Minister for Justice cited article 181(5) which reads:
    “This article shall, with the necessary modifications by Parliament, apply to an international business or economic transaction to which the Government is a party as it applies to a loan”.
    Mr Speaker, what are the necessary modifications that Parliament has made? Since 1993, Parliament has not made any necessary modifications to article 181 such that it would be used to apply to international business or economic transaction.

    So even he wanted to tender the paper as he wanted to do, that argument that he made would not even stand because Parliament since 1993 has not made any necessary modifications to article 181. What is the former Deputy Attorney-General saying? Clearly, that argument is off the line, and it cannot technically apply.
    Mr Kyei-Mensah-Bonsu 9:48 p.m.
    Mr Speaker, I do not want to go into the issue of illegality and unconstitutionality. There is nothing unconstitutional about this. To the extent that we have the power to call on the President not to assent to until he assents to the earlier Amendment Act nothing untoward is being done.
    Mr Speaker, issues have been raised about the securitisation of the Road Fund that they engaged in. The import of what we are doing is about the same. It is about the same. And so we cannot pick and choose.
    Mr Speaker, we have seen a Government that went out to hedge revenues expected from gold. What happened at the time? That is the Government of the National Democratic Congress (NDC). We cannot pick and choose.
    Mr Speaker, there is greater transparency in this. What happened with the hedging was not even not known to the Parliament of Ghana at the time. We raised issues those days in 1997 when we first came, and the end results was a disaster. Today, we would want to introduce a great amount of sunshine for reasons of transparency and accountability, and people are raising issues. Of course, those of them who would want to attempt to go through some

    I am happy they themselves are saying that, perhaps, this is another AMERI Agreement. So they knew the AMERI Agreement was not good. Today, they are telling us that this is another AMERI Agreement.

    Mr Speaker, the party is inundated with Government officials; Official 1 and Official 2, now have the courage to tell us that we need to transparent and accountable. Mr Speaker, I believe nothing untoward is happening. Given the issue that has been raised, I would want to urge for us to approve this.

    However, Mr Speaker, just so that we err on the side of caution, we must provide this proviso that not until the President assents to the Minerals Income Investment Fund (Amendment) Bill, 2020, this Agreements cannot be operationalised. This is the proviso that we should give to the President. I think he would be home and dry on that.

    I thank you very much, Mr Speaker.
    Mr First Deputy Speaker 9:48 p.m.
    Are you amending the motion to other that proviso?
    Mr Kyei-Mensah-Bonsu 9:48 p.m.
    Mr Speaker, that is so.
    Mr First Deputy Speaker 9:48 p.m.
    Very well. Then could you move the amendments so that the Question we put reflect to the amendment? I said you should move the motions properly.
    Mr Kyei-Mensah-Bonsu 9:48 p.m.
    Mr Speaker, I beg to move that the five Agreements before us that are captured by Motions numbered 22, 25, 28 and 31 as well as the 3 in the Order Paper Addendum 2 of today be adopted by this House subject to condition that they would not be operationalised until the President assents to the Minerals Income Investment Fund (Amendment) Bill, 2020 which this House has passed.
    Mr Speaker, I so move.
    Minister for Monitoring and Evaluation (Dr Anthony A. Osei) (MP) 9:48 p.m.
    Mr Speaker, I rise to second the Motion.
    Question put and Motion agreed to.
    Mr First Deputy Speaker 9:48 p.m.
    Now, I would put the Question on the Motions to adopt the Motions with the proviso moved.
    Question put and Motions agreed to.
    Mr First Deputy Speaker 9:48 p.m.
    Now, you may move the Resolutions, Hon Minister for Finance.
    RESOLUTIONS 9:48 p.m.
    THIS HONOURABLE 9:48 p.m.
    HOUSE HEREBY RESOLVE 9:48 p.m.
    THIS HONOURABLE 9:48 p.m.
    HOUSE HEREBY RESOLVE 9:48 p.m.
    Dr Anthony A. Osei 9:48 p.m.
    Mr Speaker, I beg to second the Motions.
    Question put and Motion agreed to.
    Resolve accordingly.
    Mr First Deputy Speaker 9:48 p.m.
    The Rt Hon Speaker would take the Chair.
    Yes, Hon Oppong Nkrumah, did you want to say something.
    Mr Oppong Nkrumah 9:48 p.m.
    Yes, Mr Speaker. Earlier, I was trying catch your eye to request that the use of my expression which caused some apprehension on the other Side be expunged from the record. I did not mean to offend anybody. It was in jest. If anybody took offence to it, may the record reflect that it be expunged?
    Thank you, Mr Speaker.
    Mr First Deputy Speaker 9:48 p.m.
    I so direct.
    CLOSING REMARKS 9:58 p.m.
    Mr Speaker 9:58 p.m.
    Hon Members, we have come to the closing session and I respectfully invite the Hon Minority Leader to make his closing remarks.
    Minority Leader (Mr Haruna Iddrisu) 9:58 p.m.
    Mr Speaker, let me thank you for the opportunity to make some brief closing remarks. At the Second Meeting of the Fourth Session of the Seventh Parliament of the Fourth Republic of Ghana and in particular
    to thank you for being firm and steadfast even in the face of COVID- 19 and at the peril of your life and the lives of Hon Members of Parliament. You endured. I still recall your words when you engaged high authority and indicated that but for Parliament, we need a quorum and we must have a quorum consistent with the provisions of the Constitution.
    Mr Speaker, you have done well providing leadership for this House and Hon Colleagues, let me thank you all for the endurance. Mr Speaker provided guidance and we accepted his leadership and worked in the service of God and country even in these difficult times; to assist Government to get a handle over the public health pandemic of COVID- 19, its ramifications and consequences on our economy. I note that we may not as a country recover immediately from COVID-19, particularly, it's devastating consequences on our economy.
    Mr Speaker, let me thank you and also thank the First and Second Deputy Speakers for assisting you and to the Clerk and members of the Parliamentary Service. Do accept my appreciation and gratitude for your continuous service to Parliament.
    Mr Speaker, this would go on record as the longest Meeting of Parliament, since we conveyed on 19th May. We have passed a number important legislations and Bills. I am sure my Hon Colleague the Majority Leader would deal with it.
    Mr Speaker, Ghana is not out of the woods yet. We just approved 109 billion as additional appropriation from the Hon Minister of Finance from the 98 billion which was previously approved. 11.3 billion brings the total to 109 billion. [Interruptions] -- So you understand what I have said.
    Mr Speaker, what is worrying is that of this amount, some 258 billion remains a debt. So it means that this Government has elevated our public debt from 120 billion to 258 billion -- an addition of over 138 billion and still counting. Even what has been approved today -- it means that they are situating Ghana as a debt-risk distressed country and I know that Ghana is listed among eight other African countries that are debt- distressed. So it is not surprising that we spend a whopping 21 billion or more on debt servicing.
    Mr Speaker, few days ago, the Hon Minister for Education was in this House to make a Statement on the achievements of the Ministry of
    Minority Leader (Mr Haruna Iddrisu) 10:08 p.m.


    Education. Notably, he said that Government has expanded access to free senior high school. Yes, Government has and in truth, Government has. But what he should be reminded of is the over 300,000 students writing this year.

    The 1.2 million Ghanaian students did not go or report to schools to sit on trees. At least, they went in to sit in infrastructures provided by the National Democratic Congress (NDC) and the President Mahama -- led Administration [Hear! Hear!] -- of e-blocks dotted around the country. Therefore when they say they have done well, they should appreciate that when the students reported, they did not report on top of trees. There was infrastructure provided both by way of classrooms and also by way of accommodation.

    Mr Speaker, I should know that the Electoral Commission has just concluded an important exercise of a new voter register. I am minded by a proverb in Dagbani that when you sing funeral dirges to the sick and the sick person wakes up after the funeral dirges, you lose your voice.

    There were those who said that given Ghana's population, it was not possible for Ghana to have an electoral row of 15 million or 16

    million. Today, it is 17 million. So what has gone wrong? When we hear the Chairperson of the Electoral Commission admit that there are minors and foreigners, the question that arises is: after all, what is a credible and a clean register? What did she produce? We leave that to the judgement of Ghanaians.

    For those who argued years ago that Ghana's population of 30 million could not accommodate a voter population of 15 or 14 million and that the register was bloated, they should continue singing the funeral dirges to the sick person. What we need is the peaceful conduct of election to guarantee the stability and peace of our country.

    We saw some zealousness of a Minister shooting at the polling station as was reported by the media. Clearly, a conduct not ministerial and a conduct which invites the Vigilantism Act to work. We passed a law and this country must be governed by the rule of law.

    Mr Speaker, we also additionally have spent a lot of money on COVID-19. If I calculate direct and indirect expenditure on COVID-19, it brings it close to GH¢53 billion. We would need to do an audit to appreciate the expenditure associated with COVID-19 when we hear GH¢54 million is spent on meals.

    Mr Speaker, as I indicated, Government again has promised Obaatanpa of 100 million from 2021 to 2023. Even the 600 million they promised the private sector, only 64 million of it has been disbursed by the NBSSI. Mr Speaker, we need to accept COVID-19 as a rude awakening, particularly for major reforms of the public sector including Parliament. How can we cope if COVID-19 was to last longer than

    a year or two ? How can public services and public goods be delivered? We need to be mindful of it. Our educational institutions particularly the public schools are unable to cope.

    Those Ghanaian children are lagging behind and their concerns must be our utmost concern. I know you have some initiatives to help Parliament respond to it and to make Parliament take advantage of those innovative tools in order to deal with it.

    Mr Speaker, ordinarily we should have served you notice that we would walk-out on the Minerals Investment Fund and its associated borrowing and royalties. Let us be reminded that article 106 provides elaborate provisions, particularly, subclasses 7,

    8, 9, 10 and 11 as to when a Bill becomes an Act and operationalised by a Presidential Assent. I just heard the Hon Majority Leader say that “it would be operational only after a Presidential Assent”.

    So, this country can now do anything and wait for any President to give assent tomorrow to a particular transaction. That is repugnant to the Constitution. That is setting aside the rules of Parliament. We take objection by displaying our walk-out here.

    Mr Speaker, once again, I would want to thank you most profoundly for the leadership you have provided to the Deputy Speakers and then the Media, except that they should continue to reflect what goes on the floor of Parliament.

    Mr Speaker, finally, a number of our Hon Colleagues -- [ Interruption] I just cannot imagine a Parliament without Dr Assibey-Yeboah, Hon Banda, Hon Yieleh Chireh or Hon Inusah Fuseini. We need to deal with the twin evils of vigilantism threatening our democracy and monetisation which was taken to an upper and unprecedented levels in the just ended New Patriotic Party primaries (NPP). We need to deal with it.
    Mr Speaker 10:08 p.m.
    I thank you very much, Hon Minority Leader and, in fact, you have kept within the time. We appreciate very much and thank you for your very good speech and also for keeping within the time, particularly.
    Hon Majority Leader, please, you also have ten minutes!
    Majority Leader/Minister for Parliamentary Affairs (Mr Osei Kyei-Mensah-Bonsu) 10:08 p.m.
    Mr Speaker, because I would have to relate to the Business of this House, with respect, ten minutes would be inadequate. That is why we would need to engage on these matters first but I would go on.
    First relates to the debt stock of this country. The National Democratic Congress (NDC) Government inherited GH¢9.5 billion and took it to GH¢122 billion. Mr Speaker, a disaggregation of that amount would suggest that the NDC added US$47 billion to the debt stock. Today in Ghana, what has been added, the GH¢130 billion is in the region of US$22 billion. That is the reality -- US$47 billion compared to US$22 billion, relate to that.
    Mr Speaker, I am grateful for the opportunity offered me to make these few remarks. Today, Friday, 14th
    August, 2020 marks the end of the Second Meeting of the Fourth Session of the Seventh Parliament. Although this Meeting has been a very exhaustive and challenging one, I must say, we have had a prolific discourse. All Glory and thanks to God Almighty for hedging us from all ills, and granting us the grace and strength to perform our duties.
    Mr Speaker, the second Meeting of the Fourth Session of the Seventh Parliament commenced on Tuesday, 19th May, 2020. All told, the House held 53 Sittings within 13 weeks period during which the House, as mandated, it carried out its representational, deliberative, power- of-purse, legislative, oversight and power of ratification of Agreements, Treaties, Protocols and Conventions functions, among others.
    I must agree with the Hon Minority Leader that in the history of the Fourth Republic, this Second Meeting has been the longest and I must show appreciation to Hon Colleagues for their endurance and tolerance.
    Mr. Speaker, 14 Bills were presented to the House and referred to the appropriate Committees for consideration and report during the Meeting. They are as follows:
    i. Borrowers and Lenders Bill,
    2020.
    ii. Real Estate Authority Bill,
    2020.
    iii. Institute of Chartered Accountants Bill, 2020.
    iv. Development Finance Institutions Bill, 2020.
    v. Minerals Income Investment Fund (Amendment) Bill,
    2020.
    vi. Aircraft Accident and Incident Investigation and Prevention Bureau Bill, 2020.
    vii.Criminal Offences (Amendment) Bill, 2020.
    viii.Registration of Births and Deaths Bill, 2020.
    ix. Petroleum Hub Development Corporation Bill, 2020.
    x. Insurance Bill, 2020.
    xi. Communication Service Tax (Amendment) Bill, 2020.
    xii.National Blood Service Bill,
    2020.
    xiii.National Ambulance Service Bill, 2020.
    xiv.Anti-Money Laundering (Amendment) Bill, 2020.
    Mr Speaker, 14 Regulations in respect of various subject matters ; 18 Annual Statements by Audit Committees in respect of various institutions; two Reports of the Auditor-General; 25 Budget Performance Reports in respect of various Ministries; nine Bilateral Agreements for the waiver of visa requirements for holders of Diplomatic and Service/Official Passports, about 31 Loan Facility Agreements; Financing Agreements; Credit Facility Agreements; 39 Mining Lease Agreements; 26 Request for Tax Waivers, among others were also laid before the House during the Meeting.
    Mr Speaker, the House debated, amended and passed the under-listed 13 Bills into law:
    1. Land Bill, 2019.
    2. Chartered Institute of Human Resource Management, Ghana Bill, 2019.
    3. Education Regulatory Bodies Bill, 2019.
    Majority Leader/Minister for Parliamentary Affairs (Mr Osei Kyei-Mensah-Bonsu) 10:18 p.m.
    4. The Chartered Institute of Marketing, Ghana Bill, 2019.
    5. Ghana Communication Technology University Bill,
    2020.
    6. Revenue Administration (Amendment) Bill, 2020.
    7. Minerals Income Investment Fund (Amendment) Bill,
    2020.
    8. Aircraft Accident and Incident Investigation and Prevention Bureau Bill, 2020.
    9. Registration of Births and Deaths Bill, 2020.
    10.University of Skills Training and Entrepreneurial Development Bill, 2020 (which the House amended to read, Akenten Appiah- Menka University of Skills Training and Entrepreneurial Development Bill, 2020).
    11.Development Finance Institutions Bill, 2020.
    12.Security and Intelligence Agencies Bill, 2020.
    13.Communication Service Tax (Amendment) Bill, 2020.
    Mr Speaker, these are significant, even epochal or monumental Bills.
    Mr Speaker, since my entry in Parliament in 1997, I have not seen a Parliament work as hard as this Parliament has done to pass as, many watershed laws as this Parliament has accomplished.
    Mr Speaker, it is my hope that the passage of these Bills, many of them, landmark legislations, would further enrich our governance. I am indeed grateful to the Members of the Winnowing Committee for their invaluable contributions to the speedy and smooth passage of Bills during the Meeting.
    Mr Speaker, the Hon Minority Leader has related to the efforts of these Hon Colleagues of ours; the Hon Banda, sometimes, the Hon Anyimadu-Antwi, the Hon Yieleh Chireh, the Hon Inusah Fuseini and the Hon Ahiafor and then also the Hon Shaibu Mahama. [Interruption] -- The Hon Dafeamekpor, sometimes.
    Mr Speaker, the following Instruments were introduced in the House and entered into force during this Meeting:
    i. Ghana AIDS Commission Regulations, 2020.
    ii. Mineral and Mining (Mineral Operations--Tracking of Earth Moving and Mining Equipment) Regulations,
    2020.
    iii. Meat Inspection Regulations,
    2020.
    iv. Local Governance (Consultations) Regulations, 2020.
    v. Local Governance (Permits and Notices) Regulations,
    2020.
    vi. Labour (Domestic Workers) Regulations, 2020.
    vii.Chieftaincy (Membership of Regional Houses of Chiefs) Instrument, 2020.
    viii.Public Elections Regulations,
    2020.
    ix. Representation of the People (Parliamentary Constituencies) Instrument, 2020.
    A number of Committee Reports and Agreements were adopted by the House during this Meeting -- Credit Facility Agreements, Financing
    Agreements, Loan Facility Agreements, Mining Lease Agreements, among others. Some Conventions were also ratified during the period.
    Mr Speaker, during the Meeting, Colleague Members including Ministers, made about 32 Statements to commemorate important national and international events. About 64 questions were also asked of and answered by various Ministers.

    The House recorded about 95 Committee Sittings during the Meeting.

    Mr Speaker, there are quite a number of referrals pending before various Committees for consideration and report. I therefore, entreat all Committees to endeavour to consider all outstanding referrals during the recess period so as to pave way for the House to debate on them during the Third and final Meeting of the Seventh Parliament, or perhaps, when the House is recalled which may possibly happen on or about 15th -- 18th September.

    Mr Speaker, on the 20th of May, 2020, the House approved H.E. the President's nomination of four) persons for appointment as Justices
    Majority Leader/Minister for Parliamentary Affairs (Mr Osei Kyei-Mensah-Bonsu) 10:18 p.m.


    was addressed by the Hon First Deputy Speaker, Mr Joseph Osei- Owusu. The Youth Parliaments also benefitted from a Webinar Training Session, which also afforded student parliamentarians the opportunity to interact online, with officials of the Parliamentary Service.

    Mr Speaker, we may have all noticed that the sound in the Chamber has been significantly enhanced. This follows the installation of new speakers and sound augmentation facilities, which have helped to address the inaudible sound of the speakers in the Chamber, usually witnessed during special occasions such as the presentation of the Message on the State of the Nation and the Budget Statement and Economic Policy of Government each year.

    As part of mechanisms to keep the citizenry abreast with proceedings in the Chamber, businesses conducted in the Chamber and at Committees as well as other Parliamentary engagements were broadcast on Parliament's internet pages either live or delayed.

    These broadcasts of parliamentary proceedings reached very large numbers, sometimes, recording over twenty thousand viewers both in

    Ghana and abroad. However, some of the feedback from citizens have not been positive as some people use very foul, indecorous and indecent language on Parliaments official pages. While it is deemed necessary for the citizenry to critique the work of Parliament, the use of foul language must surely not be entertained.

    Mr Speaker, to promote a resilient and a stable Parliament to deepen Ghana's democratic governance, the Ministry of Parliamentary Affairs continued its working interactions with Parliament during the Meeting. The Ministry met the Core Leadership on two occasions and once, with the Leadership of all Committees.

    The interactions with the Core Leadership of the House re-echoed among others, the necessity of continuous institutional development in order to enable legislators master the art and science of law making, while supporting Parliament to deliver on its mandate.

    The institutional and systemic factors fueling the high attrition rate of MPs and undermining the object of building a Parliament with the requisite skills and competencies to execute its mandate was also discussed extensively.

    Interactions with Leadership of Committees evaluated the performance of Committees of the House, identified the institutional and operational challenges of Committees, and interrogated the relationship between political parties and their Parliamentarians on various Committees, among others.

    Recommendations to rejuvenate the performance of Committees of Parliament, especially, the urgent need to undertake the necessary institutional reforms to stem the tide of attrition in Parliament were proffered by participants.

    Mr Speaker, at long last, the Standing Orders Committee has brought to a closure, the review of the Standing Orders. The Committee's Secretariat is currently undertaking a cleaning-up and cross-referencing exercise after which the document would be presented to the House for consideration and approval. I must congratulate the Technical Committee and other Members of the Standing Orders Committee for working assiduously to ensure that the new Standing Orders sees the light of day.

    Mr Speaker, on the 20th of June, 2020, the New Patriotic Party (NPP) organised its parliamentary primaries to select candidates for the next

    Parliament. It is sad to note that 42 colleague Members representing about 25 per cent of the total number of 169 MPs on the side of the NPP could not retain their seats.

    Mr Speaker, the tragic high attrition rate that has characterised the Fourth Republican Parliament is a matter that should be of grave concern to all Political Parties. Indeed, the attrition rate is proving to be detrimental to parliamentary work as it deprives the House of the institutional memory and the requisite experience critical for effective and efficient delivery of Parliament's mandate, including law-making and financial scrutiny.

    That is why the loss of the likes of Hon Members Dr Mark Assibey- Yeboah, Ben Abdallah Banda, William Agyapong Quaittoo, Frederick Opare Ansah, Anthony Effah, Dr Twum-Nuamah of Berekum and Dr Nuamah of Kwadaso, to mention just a few is a huge tragedy.

    It is however heartwarming to note that some of the MPs, mostly Committee Chairmen, who lost their seats have continued to work diligently to deliver on businesses referred to their respective Committees, notwithstanding the unpleasant loss. While praising their dexterity and commitment, I take the opportunity
    Mr Speaker 10:28 p.m.
    Thank you very much Hon Majority Leader.
    Hon Members, this Sitting brings to an end the Third Meeting of the Fourth Session of this Parliament after 12 weeks of intensive work. The Almighty God has demonstrated his mercy and favour towards the entire country in this season of the COVID- 19 pandemic. Indeed, His grace has been sufficient for us and we are thankful.
    The House has held 52 plenary Sittings. Papers which were presented to the House included Bills, Constitutional, Legislative and Executive Instruments, Committee Reports, Conventions and Loan
    Agreements, Motions, Waivers, Annual Reports and Resolutions. In total, 424 Papers were presented to the House.
    The following Bills were passed into Law:
    i. The Chartered Institute of Human Resource Management, Ghana Bill,
    2019.
    ii. The Chartered Institute of Marketing, Ghana Bill, 2019.
    iii. The Land Bill, 2019.
    iv. The Education Regulatory Bodies Bill, 2019.
    v. The Ghana Communication Technology University Bill
    2020.
    vi. The Revenue Administration (Amendment) Bill, 2020.
    vii.The Aircraft Accident and Incident Investigation and Prevention Bureau Bill, 2020.
    viii.The Minerals Income Investment Fund (Amendment) Bill, 2020.
    ix. The Akenten Appiah-Menka University of Skills then
    Training and Entrepreneurial Development Bill, 2020.
    x. The Registration of Births and Deaths Bill, 2020.
    xi. Security and Intelligence Agencies Bill, 2020
    xii.Development Financial Institutions Bill, 2020 and the
    xiii.Communication Services Tax (Amendment) Bill, 2020
    Also, the following Constitutional/ Legislative and Executive Instruments were passed during this Meeting:
    1. Ghana AIDS Commission Regulations, 2020.
    2. Mineral and Mining (Mineral Operations-Tracking of Earth Moving and Mining Equipment) Regulations,
    2020.
    3. Meat Inspection Regulations,
    2020.
    4. Local Government (Consultations) Regulations, 2020.
    5. Chieftaincy (Membership of Regional Houses of Chiefs) Instrument, 2020.
    6. Public Elections Regulations,
    2020.
    7. Representation of the People (Parliamentary Constituencies) Instrument, 2020.
    8. Engineering Council Regulations, 2020.
    9. Public Financial Management (Public Investment Management) Regulations,
    2020.
    10.Transfer Pricing Regulations,
    2020.
    11.Public Utilities Regulatory Commission (Consumer Service) Regulations, 2020.
    Hon Members, your well- researched Statements presented on the floor of the House were timely and commendable. I hope we continue with this culture of fact-finding in our discourse on national issues, particularly in this election year.
    I want to announce to the House that all Statements have been put together and specially edited for full publication to be sold to the public by Parliament and copies gifted to Hon Members. The title is “Parliament of Ghana: Statements on the Floor”.
    Mr Speaker 10:28 p.m.


    Currently, GLICO Pensions Trust Limited is the trustee manager of the Tier 2 pension contributions of Parliamentary Staff.

    Work on the long-awaited reviewing of the Standing Orders was completed at the validation meeting of the Standing Orders Committee held at Akosombo a little over two weeks ago. The document is expected to be laid in the House at the next Meeting.

    Hon Members, as custodians of our democracy, let us be mindful of any hate speech and political engagements which will mar the beauty of our democracy. It is important that as legislators, we uphold the Laws that we have passed.

    I am confident that you would also educate your constituents on the Public Order Act, 1994 (Act 491), the Public Elections Regulations, 2016 (C.I.94) and other Laws which are geared towards the preservation of our democracy. The peace of this country is essential to creating a congenial atmosphere for good governance. We need to appreciate the ingredients that make democracy and good governance. Half democracy is no democracy.

    As we prepare for Elections 2020, I am aware that Hon Members are concerned about election expenses. It is about time that we critically examined issues of “monecracy”. Monetisation of our democracy compromises the democratic process of good governance. As a country, we have not really captured the political will to arrest the situation. We do not want funding to become the yardstick for the proliferation of political parties.

    We need a new law on political party income and expenditure generally and particularly with regard to ceiling on election expenses. This has been done in many democratic nations. We should also consider setting up a Political Parties Support Fund (PPSF) which would be managed by a special Committee of the EC.

    It is therefore important that we remove every element of mistrust in the Electoral Commission while we hold them accountable for their responsibilities. I have no shadow of doubt that the enactment of Private Members' Bills will significantly help us tighten such gapping gaps in our existing laws.

    Hon Members, as the House rises today, I would like to commend all Members who have worked dutifully

    to make this Meeting's work a success, particularly, my supportive Deputies, the Hon Majority Leader, the Hon Minority Leader and the Leadership of the House for their cooperation to finalise business for this Meeting.

    To the Parliamentary Service Board, the Clerk to Parliament and Staff of the Parliamentary Service, I am exceptionally grateful to you for your supportive services rendered to this House.

    Hon, Members, as we go on recess, let us observe all the COVID- 19 protocols and keep safe. With the help of the Almighty God, I am more than certain that we shall overcome this pandemic. I wish you all a restful break. Thank you very much.
    ADJOURNMENT 10:28 p.m.