Debates of 16 Oct 2020

MR SPEAKER
PRAYERS 11:08 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:08 a.m.
Mr Speaker 11:08 a.m.
Hon Members, Correction of the Votes and Proceedings of Thursday, 15th October, 2020.
Mr Speaker 11:08 a.m.
Hon Members, we have the Official Report of Thursday, 8th October, 2020 for correction.
Mr Speaker 11:08 a.m.
Hon Members, we shall take the Business Statement for the Third Week -- Chairman of the Business Committee.
BUSINESS OF THE HOUSE 11:08 a.m.
Mr Speaker, the Committee accordingly submits its report as follows 11:08 a.m.
Arrangement of Business
Formal Communications by the Speaker
Mr Speaker, you may read any available communication to the House.
Questions
Mr Speaker, Questions duly admitted by your good self would be programmed in due course for response by the relevant Ministers of State.
Statements
Mr Speaker, pursuant to Order 70(2), Ministers of State may be permitted to make Statements of
Government policy. Statements duly admitted by you may be made in the House by Hon Members, in accordance with Order 72.
Bills, Papers and Reports
Mr Speaker, Bills may be presented to the House for First Reading in accordance with Order 120. However, those of urgent nature may be taken through the various stages in one day in accordance with Order 119.
Pursuant to Order 75, Papers for presentation to the House may be placed on the Order Paper for laying. Committee reports may also be presented to the House for consideration.
Motions and Resolutions
Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.
Mr Speaker, during the presentation of the Business Statement last Friday, the House was apprised of the tall order of business scheduled for the brief period available prior to adjournment of the House for the general elections.
Furthermore, the Business Committee takes this opportunity to give prior information to all Hon Members that the House would be scheduled to sit on Mondays, commencing from Monday, 26th October 2020. This prior information is to enable Members arrange their affairs in order to avail themselves for the transaction of business at plenary.
The Business Committee further implores all Committees with referrals, which require parliamentary consideration within this brief period, to expedite work on same and report to plenary as soon as practicable.
Conclusion
Mr Speaker, in accordance with Standing Order 160(2) and subject to Standing Order 53, the Committee submits to this honourable House the order in which the Business of the House shall be taken during the week under consideration.

Statements

Motions --

(a)Second Reading of Bills

Council of State Bill, 2020.
Mr Speaker, the Committee accordingly submits its report as follows 11:08 a.m.


Institute of Chartered Accountants, Ghana Bill, 2020.

(b) Adoption of the Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Fund for Agricultural Development (IFAD) for an amount of twenty million United States dollars (US$20.00 million) to finance the implementation of the Emergency Support to Rural Livelihoods and Food Systems Exposed to

COVID-19 (ESRF).

Consequential Resolution

(c)Adoption of the Report of the Finance Committee on the OeKB-Backed Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and C o m m e r z b a n k Aktiengesellschaft [with ECA premium support] for an amount up to seventy million, seven hundred and thirty- three thousand, four hundred and twenty-three Euros

(€70,733,423.00) to finance the Sekondi-Takoradi Water Supply Rehabilitation and Expansion Project.

Consequential Resolution

(d) Adoption of the Report of the Finance Committee on the Commercial Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and C o m m e r z b a n k Aktiengesellschaft for an amount up to ten million, five hundred thousand Euros (€10,500,000.00) to finance the Sekondi-Takoradi Water Supply Rehabilitation and Expansion Project.

Consequential Resolution

(e) Adoption of the Report of the Committee on Works and Housing on the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Sanitation and Water Resources [Ghana Water Company Limited]) and STRABAG AG of Austria for an amount up to seventy million Euros (€70,000,000.00) to finance

the Sekondi-Takoradi Water Supply Rehabilitation and Expansion Project.

Consequential Resolution

Consideration Stage of Bills --

Real Estate Authority Bill, 2020.

Petroleum Hub Development Corporation Bill, 2020

Committee sittings.

Statements

Presentation of Papers --

(a)Report of the Finance Committee on the Addendum No. 4 to the Credit Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Messrs Euroget De-Invest S.A. of Giza, Egypt for an amount of nineteen million, three hundred and five thousand, one hundred and seventy-nine United States dollars (US$19,305,179.00) for the Turnkey Design, Construction, Supply and

Installation of Equipment and Provision of Technical Assistance in the form of Training and Two Years Maintenance for the 500- Bed Military Hospital at Afari, Ashanti Region.

(b) Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of seven million, four hundred and forty-four thousand, six hundred and ninety-two United States dollars and sixty-seven cents (US$7,444,692.67 [made up of US$5,963,498.00 imports and US$1,481,194.67 local purchases]) on materials, equipment, and services to be procured for the Construction, Supply and Installation of Educational Equipment and Training to Ten (10) Regional Science, Technology, Engineering, Arts and Mathematics (STEAM) Centres.

(c)Report of the Finance Committee on the Request for waiver of Import Duties,
Mr Speaker, the Committee accordingly submits its report as follows 11:08 a.m.
Import and Domestic VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of ten million, eight hundred and seventy-nine thousand, two hundred and twenty-eight Euros and Ten Cents (€10,879,228.10) on materials, equipment, and services to be procured for the Construction of five (5) Technical and Vocational Education and Training (TVET) Centres of Excellence.
(d) Report of the Finance Committee on the Anti- Money Laundering Bill,
2020.
Consideration Stage of Bills--
Council of State Bill, 2020.
Real Estate Authority Bill, 2020.
Petroleum Hub Development Corporation Bill, 2020
Committee Sittings.

Statements

Motions --

Second Reading of Bills

Anti-Money Laundering Bill,

2020.

Motions --

(a) Adoption of the Report of the Finance Committee on the Addendum No. 4 to the Credit Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Messrs Euroget De-Invest S.A. of Giza, Egypt for an amount of nineteen million, three hundred and five thousand, one hundred and seventy-nine United States dollars (US$19,305,179.00) for the Turnkey Design, Construction, Supply and Installation of Equipment and Provision of Technical Assistance in the form of Training and Two Years Maintenance for the 500-Bed Military Hospital at Afari, Ashanti Region.

Consequential Resolution

(b) Adoption of the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT,

GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of seven million, four hundred and forty-four thousand, six hundred and ninety-two United States dollars and sixty-seven cents (US$7,444,692.67 [made up of US$5,963,498.00 imports and US$1,481,194.67 local purchases]) on materials, equipment, and services to be procured for the Construction, Supply and Installation of Educational Equipment and Training to Ten (10) Regional Science, Technology, Engineering, Arts and Mathematics (STEAM) Centres.

Consequential Resolution

(c)Adoption of the Report of the Finance Committee on the Request for waiver of Import Duties, Import and Domestic VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of ten million, eight hundred and seventy-nine thousand, two hundred and twenty-eight

Euros and Ten Cents (€10,879,228.10) on materials, equipment, and services to be procured for the Construction of five (5) Technical and Vocational Education and Training (TVET) Centres of Excellence.

Consequential Resolution

Consideration Stage of Bills --

Institute of Chartered Accountants, Ghana Bill, 2020.

Committee Sittings

Statements

Motions --

(a) Second Reading of Bills --

National Ambulance Service Bill, 2020.

National Blood Service Bill,

2020.

(b) Third Reading of Bills --

Council of State Bill, 2020.

Real Estate Authority Bill, 2020.
Mr Haruna Iddrisu 11:18 a.m.
Mr Speaker, I supported the Hon Majority Chief Whip, in the absence of the Hon Majority Leader, to get this done. The emphasis is to serve notice for Hon Colleagues to take note of the Sitting on Monday, 26th October, 2020.
Mr Speaker, what I urge is, we should start on time. If we cannot keep to the Standing Orders which stipulates that we start sitting at 10.00 a.m., then at least, by 10.30 a.m. or 11.00 a.m., we should start. It should never be the case that we have to come and Sit and leave and come back later and start at 12.00 p.m. when we have Business to do. Mr Speaker, these are my few comments.

We also said that the Bills must be prioritised because it is not on us that

lax Hon Ministers would wait and when we get to the last November of the four-year tenure, they would now be rushing through with their Bills. The Hon Ministers must accord us -- because we want to work with honour and dignity and so the Bills must be prioritised. It is not every Bill that must be “forced” through. Looking at the Bills that have been listed, the National Ambulance Service Bill, 2020, National Blood Service Bill, 2020 -- These Bills can wait. Is it that Korle- Bu Teaching Hospital and Komfo Anokye Teaching Hospital are not given blood?

Mr Speaker, we must be given critical Bills of government; those that are triggers and also deepen our governance landscape. Some of the Bills like the National Ambulance Service Bill, 2020 and National Blood Service Bill, 2020 can wait. We can take Bills like the Council of State Bill, 2020 and the Petroleum Hub Development Corporation Bill, 2020 the Anti-Money Laundering Bill, 2020 as well as those other Bills that the Hon Leader briefed the Speaker about. Mr Speaker, certainly, we cannot over exhaust ourselves and I have repeatedly said that I would not be in the Chamber at the peril of my constituency or survival at the level of the constituency. I need to survive as an Hon Member, therefore, we need to share our time between the work
Mr Haruna Iddrisu 11:18 a.m.


Mr Speaker, I support the Hon Chairman of the Business Committee for us to sit on Monday, 26th October so that the key Instruments can survive. However, the Hon Leader should prioritise the Bills because we would not sit here for any Hon Minister to stampede us when that Hon Minister could have been here earlier. Mr Speaker, the learned Hon Attorney-General and Minister for Justice is the only Hon Minister who officially, by my record, wrote to me formally to indicate that in this particular Meeting of Parliament these are the matters she wants to consider. I repeatedly get this from the Office of the Attorney-General, but the other Hon Ministers would not even share with us what their legislative agenda are. This is not good enough and

when the Hon Leader calls a meeting sometimes he does not invite me.

Mr Speaker, I rest my case.
Mr Speaker 11:18 a.m.
Hon Minority Leader, thank you very much.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:18 a.m.
Mr Speaker, the Hon Majority Chief Whip who was at the meeting would appropriately respond to some of the issues that have been raised, but just to reemphasise the point that we need to really prioritise. At the beginning, we had on the table over 60 Bills and that was the reason why we invited the Hon Ministers to assist us to programme the very urgent Bills. Unfortunately, some of them could not make it to the meeting so after we sat and chose 11 out of the 60 Bills, as we travelled along, a few have come on board. For instance, we now have to deal with the Ghana Enterprise Commission Bill, 2020 which would replace the National Board for Small Scale Industries (NBSSI). As we do know, it is this old Enterprise that existed and it appears even with the advent of the National Board for Small-Scale Industry (NBSSI), the Act relating to it was not repealed. The Office of the Ghana Enterprise Development Commission still exists and so we now have to crave up and
Mr Speaker 11:18 a.m.
Hon Majority Leader, thank you very much.
Mr Ameyaw-Cheremeh 11:18 a.m.
Mr Speaker, the Hon Minority Leader raised an issue concerning that time we start Sittings. I would say that we have heard him and all of us would be guided that we need to start business at 10.00 a.m. or latest by
10.30 a.m. so that we can do a lot of business daily. The Hon Minority Leader has drawn our attention and we would comply.
Mr Speaker 11:18 a.m.
Thank you very much.
The Business Statement as presented is accordingly admitted.
Hon Members, at the commencement of public business -- presentation of Papers.
Mr Speaker 11:18 a.m.
Item numbered 4(a) -- Hon Minister for Finance.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:28 p.m.
Mr Speaker, if I may present this Paper on behalf of the Minister for Finance.
Mr Speaker 11:28 p.m.
Yes, you may.
PAPERS 11:28 p.m.
Mr Speaker 11:28 p.m.
Item 5(b) (i) - Chairman of the Finance committee?
By the Chairman of the Committee --
(i) Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Fund for Agricultural Development (IFAD) for an amount of twenty million United States Dollars (US$20.00 million) to finance the implementation of the Emergency Support to Rural Livelihoods and Food Systems Exposed to
COVID-19 (ESRF).
(ii)Report of the Finance Committee on the OeKB- Backed Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and C o m m e r z b a n k Aktiengesellschaft [with ECA premium support] for an amount up to seventy million, seven hundred and thirty- three thousand, four hundred and twenty-three Euros (€70,733,423.00) to finance the Sekondi-Takoradi Water Supply Rehabilitation and Expansion Project.
(iii) Report of the Finance Committee on the Commercial Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and C o m m e r z b a n k Aktiengesellschaft for an amount up to ten million, five hundred thousand Euros (€10,500,000.00) to finance the Sekondi-Takoradi Water Supply Rehabilitation and Expansion Project.
Mr Speaker 11:28 p.m.
Item listed 5(c) -- Chairman of the Committee on Works and Housing?
Mr Speaker 11:28 p.m.
Item numbered 6 -- Motion by the Minister for Education?
Mr Kyei-Mensah-Bonsu 11:28 p.m.
Mr Speaker, the Deputy Minister for Education, Dr Yaw Adutwum is here, and he would hold the fort on behalf of the substantive Minister and deal with the item listed as 6.
BILLS -- THIRD READING 11:28 p.m.
Mr Speaker 11:28 p.m.
Item listed 7 -- Consideration Stage of the Real Estate Agency Bill, 2020.
BILLS -- CONSIDERATION 11:28 p.m.
STAGE 11:28 p.m.
Mr Speaker 11:28 p.m.
Hon Chairman of the Committee, where are we starting from?
Chairman of the Committee (Mr Nana Amoakoh) 11:28 p.m.
Mr Speaker, two days ago we started and ended on clause 3.
Mr Speaker 11:28 p.m.
Have you considered clauses 1 and 2 at all?
Mr Amoakoh 11:28 p.m.
Mr Speaker, we are deleting the object of the Bill and to insert --
Mr Speaker 11:28 p.m.
Please, apart from the corrections, have we formally taken clauses 1 and 2?
Mr Amoakoh 11:28 p.m.
Mr Speaker, yes, we have taken clauses 1 and 2.
Mr Speaker 11:28 p.m.
Are we on clause 3?
Mr Amoakoh 11:28 p.m.
Mr Speaker, we are on clause 4.
Mr Speaker 11:28 p.m.
What follows the item 7(i) here is not clear. Do you realise that?
Mr Amoakoh 11:28 p.m.
Mr Speaker, it is clause 4.
Clause 4 -- Functions of the Council
Mr Haruna Iddrisu 11:28 p.m.
Mr Speaker, I may have to seek your leave to draw you to clause 3 -- Objects of the Council.
If the Hon Chairman and the sponsor take note, when we come to the Long Title of the Bill, it reads, and I quote:
“To establish the Real Estate Agency Council to regulate real estate agency practice”
My emphasis is on “regulate real estate agency practice”.
Mr Speaker, now, when you come to the object of the Council, it is 11:28 p.m.
“To promote and facilitate …”.
No, it cannot be to promote and facilitate. By the Long Title and the Explanatory Memorandum, the object
of the Council is to regulate the development of real estate agency practice. This should just be it.
Mr Speaker, if I have your leave, clause 3 should read 11:28 p.m.
“The object of the Council is to regulate the development of the real estate agency practice.”
And it should end there. The rest of the words should be deleted. This is what we would want to do, which is why in the Explanatory Memorandum and in the Long Title, we are to regulate the practice of real estate agencies.
Mr Osei Kyei-Mensah-Bonsu 11:28 p.m.
Mr Speaker, I appreciate the issue raised by my colleague that to a large extent, the object should reflect the Long title. However, I think it is encapsulated in the Long Title because he wants the emphasis to be on the word “regulate”; but it is there.
“The object of the Council is to promote and facilitate the development of real estate agency practice and regulate the promotion of real estate agency services.”
Mr Speaker, I think it is encapsulated in clause 3.
Mr Iddrisu 11:38 a.m.
Mr Speaker, I urge the Hon Majority Leader to read it well. Firstly, we cannot use “real estate agency practice” in one breath and in another breath use “real estate agency services”.

That is not right. You must choose one. Is it real state practice or service? So it is repetitive. We cannot say, “The object of the Council is to promote and facilitate the development of real estate …”

Mr Speaker, when we come to it -- I have seen it in the functions in clause -- Even they want to prescribe and approve courses of study. Why? The Kwame Nkrumah University of Science and technology (KNUST)? What would study it? It is not for this Council to determine for KNUST how it conducts its academic work of training people who may go into real estate. But when we get to 4, we would come there.

However, the Leader should look at clause 3 well. The emphasis on “the object is to regulate real estate agency practice. That should be the object. Anybody taking the Bill knows that this Bill is about regulating the real estate industry. Nothing more. One cannot tell me that there is a real estate practice and real estate service. So

let us watch the last line of clause 3; “… provision of real estate agency services.”

What do they want to do? We can go back to the explanatory memorandum. It is there in many other respects. So if we want to tighten it, maybe, we would do away with the word, “promote” and say: “… to facilitate and regulate” but to say “promote and facilitate”, there are too many words there. So we can marry them. They can facilitate it. Let us choose one; either “promote” or “facilitate” but to say, “promote”, “facilitate” and “regulate” when we really want to say regulate --
Mr Speaker 11:38 a.m.
In actual fact, the essence, I think, is not to promote. The whole purpose is to control them - to regulate their activities; to direct them, and it is not a promotional legislation essentially. It is to control their activities. In a way whereby we would not see some of the things we are seeing now. So it must be very clear. Definitely, we are not there to promote them in that sense. We are there to control them essentially. This is because of certain things that we do not want to happen which are happening now. Quintessentially, is that not what we seek to do?
Mr Amoakoh 11:38 a.m.
Mr Speaker, you are right so we can just leave out the

word “promote” and say, “… facilitate the development of the real estate agency and practice and regulate the provision of real estate agency practice.”

That is what the new rendition should read.
Mr Speaker 11:38 a.m.
With that agreement, Hon Minority Leader, can you help us with the new rendition so that we move forward? It is not a big deal at all. It is quite clear.
Mr Iddrisu 11:38 a.m.
Mr Speaker, if I have your leave and indulgence and the
Chairman is amenable to accepting it 11:38 a.m.
“The object of the Council is to facilitate and regulate the development of real estate practice and services.”
The Leader can improve it.
Mr Speaker 11:38 a.m.
Hon Chairman, are you agreeable?
Mr Amoakoh 11:38 a.m.
Yes, Mr Speaker. I think I would go along with that.
Mr Speaker 11:38 a.m.
Hon Majority Leader, what do you want to add or subtract?
Mr Kyei-Mensah-Bonsu 11:38 a.m.
Mr Speaker, I think from what the Hon
Minority Leader is saying and indeed, drawing from the long title, clause 3 would just have to read:
“The object of the Council is to facilitate and regulate real estate agency practice and the provision of real estate agency services.”
The real services are the sale, purchase, rental and leasing of real estate.
Question put and amendment agreed to.
Clause 3 as amended is ordered to stand part of the Bill.
Clause 4 -- Functions of the Council
Mr Amoakoh 11:38 a.m.
Mr Speaker, I beg to move, opening phrase, delete “its object” and insert “the objects”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 11:38 a.m.
Mr Speaker, we should be consistent. An object could have several strengths. So if we look at clause 3, we have related to objects of the Council. When we come to clause 4, we are
saying, “to achieve the objects”. We should be consistent. If it is in the singular, it should be singular with clause 4 as well.
Mr Amoakoh 11:38 a.m.
Mr Speaker, what we are trying to do is that an object is in the singular and the objects is in the plural form. So we want to make sure it is on the plural side of it and be consistent. So we are consistent with it. We just leave it and make it “objects”.
Dr Assibey-Yeboah 11:38 a.m.
Mr Speaker, I think what we are doing here is to avoid the usage of “its”. That is why we are effecting this amendment.
Mr Amoakoh 11:38 a.m.
Mr Speaker, we would leave out the “s” so it would become “the object”.
Mr Iddrisu 11:48 a.m.
Mr Speaker, that, you can direct the draftsperson as the Hon Majority Leader has observed to be consistent and ensure elegance with the use of “object” without the “s”.
But Mr Speaker, when we take clause 4, I noted that the Chairman's advertised amendment is -- [Interruption] -- I am on (b):

Thank you.
Mr Speaker 11:48 a.m.
Very well.
So, shall we say “objects”, or should we just leave it? [Interruption] -- all right, the Hon Chairman says that it should be “object” in the singular. It means that in effect, we are abandoning the amendment.
Nana Amoakoh 11:48 a.m.
Mr Speaker, we are not abandoning the amendment, but it is just the word “object” that we need to insert. This is because it was “objects”, but we seek to rather insert “object”.
Question put and amendment agreed to.
Mr Speaker 11:48 a.m.
Hon Chairman, I direct that the draftspersons have a look at that.
Nana Amoakoh 11:48 a.m.
Mr Speaker, I beg to move, paragraph (a), delete “practice of.”
Mr Iddrisu 11:48 a.m.
Mr Speaker, I support the Hon Chairman's amendment. This is because it would prevent tautology.
Question put and amendment agreed to.
Dr Mark Assibey-Yeboah 11:48 a.m.
Mr Speaker, I just want us to be clear in our minds. The amendment that the Hon Chairman proposed was to delete the phrase “the practice of”, but on the Order Paper, “the” is omitted. So, it should rather be captured as “the practice of”.
Mr Speaker 11:48 a.m.
Hon Chairman, what is your reaction?
Mr Kyei-Mensah-Bonsu 11:48 a.m.
Mr Speaker, by way of re-emphasis, on the Order Paper, what is advertised is the deletion of “practice of”. However, it is important that we start the deletion from the definite article “the”. So, the Hon Chairman said so, that we should delete the phrase “the practice of”, even though it has not been advertised. I therefore get what the Hon Chairman of the Finance Committee is saying, that even though it has not been advertised, we should still include the definite article “the” in the deletion.
Mr Speaker 11:48 a.m.
So, Hon Chairman, what would the new rendition read?
Nana Amoakoh 11:48 a.m.
Mr Speaker, the new rendition would read: “Regulate real estate agency practice…”
Question put and amendment agreed to.
Nana Amoakoh 11:48 a.m.
Mr Speaker, I beg to move, paragraph (c), line 2, delete “a real estate broker” and insert “real estate brokers and agents”.
Mr Speaker 11:48 a.m.
So, it means that we have inserted the phrase “real estate brokers and agents”.
Nana Amoakoh 11:48 a.m.
Mr Speaker, therefore, the new rendition would read: “Conduct and set standards for qualifying examinations for registration as real estate brokers and agents.”
Alhaji Mohammed-Mubarak Muntaka 11:48 a.m.
Mr Speaker, the new rendition is not coming out clearly, therefore, the Hon Chairman may take the new rendition again. This is because if by what he proposes here, we are to delete the phrase “a real estate broker” and insert “real estate brokers and agents”, the new rendition would be captured as: “Conduct and set standards for qualifying examinations for registration as real estate brokers and agents.”
Question put and amendment agreed to.
Nana Amoakoh 11:48 a.m.
Mr Speaker, I beg to move, paragraph (g), after “brokers”, add “and agents in good standing.”
Question put and amendment agreed to.
Mr Iddrisu 11:48 a.m.
Mr Speaker, if I have your leave and indulgence, after paragraph (d) comes paragraph (f), but I have a difficulty with paragraph (e) standing alone as a function of the Council. Paragraph (e) reads: “Issue real estate transaction…” - it reads: “Provide forms for real estate transactions.” I think that it is embedded in paragraph (f), which reads: “Issue real estate transaction certificates.” That is enough; we cannot have both paragraphs (e) and (f). How can this be a function of this important Council? To “Provide forms for real estate transactions …” Is that a function?
I am discussing clause 4 (e) and (f) together, and I am saying that paragraph (e) should be deleted. [Interruption] - Other than that, we could add paragraph (e) to paragraph (f). Paragraph (f) reads: “Issue real estate transaction certificates”, before the certificates are issued, one would have to go through a process, which process would mean to complete the forms. We should therefore join paragraph (e) and (f) in one
paragraph, which would make a better -- [Interruption] -- How can providing forms be a function of the Council?
Mr Kwame Governs Agbodza 11:48 a.m.
Mr Speaker, the forms that we are talking about here are not necessarily linked to certification. This is because as we know, elsewhere, one could get a pre-packed form. For instance, if one would want to rent a house in London, we are talking about standardised forms that could simplify real estate transaction. So, it is not necessarily about the certification of brokers and agents. Therefore I think that it should stand on its own.
11. 58 a. m.
Mr Kyei-Mensah-Bonsu 11:48 a.m.
Mr Speaker, why we should worry with what we are doing here is, at every step, we are dealing with agents and brokers. So it does appear that one other provision is made for agents, a similar one may have to apply to brokers. That being the case, I thought we should have then, perhaps, in the interpretations said that, the use of the term “agents”, in this Bill may have to include brokers unless the context otherwise suggests.
Mr Speaker, otherwise, by what we are doing, and painstakingly, providing for agents and brokers, then, the Short Title should have reflected same so that it should have read:
Mr Agbodza 11:48 a.m.
Mr Speaker, I agree entirely with the Hon Leader of the House but the cure is in the interpretation. In fact, an elaborate interpretation of what a real estate agent is, and what a broker is. If we go through, it would be difficult to merge the two or have a single definition for them because both practitioners have very different operations as far as this Bill is concerned. So we would necessarily have to separate them to make the reading of the law complete.
Mr Banda 11:48 a.m.
Mr Speaker, further to what my Hon Colleague just said, if we go through the Bill, we would realise that there are some provisions
which are exclusively applicable to brokers which are not applicable to agents. And there are others which are also applicable to both. And in some instances, some provisions are also exclusively applicable to the agents. So if we were to merge the two and let it appear as if agent is the same as broker, that would create -- [Interruption] it is better to leave the two intact as they find expression in the Bill in order not to create some seeming doubts or misleading impression.
Mr Speaker 11:48 a.m.
Hon Chairman, at this stage, what rendition do we have?
Nana Amoakoh 11:48 a.m.
Mr Speaker, we are just deleting “real estate broker`` and inserting “real estate brokers and agents``. It is in tandem, even though you may say it here, there is a function from the broker as well as the agent.So I think it should stand as it is.
Mr Speaker 11:48 a.m.
So, are you agreeable to the Hon Chairman's amendment?
Mr Bedzrah 11:48 a.m.
Mr Speaker, just as my Hon Colleague and the Chairman have mentioned, there are distinct functions between the real estate agent and the broker, and in the Bill, they have clarified that. So I support the Hon Chairman that we should keep his amendment.
Mr Agbodza 11:48 a.m.
Mr Speaker, we are talking about the function of the Council. Let us not say that we should write it differently for the brokers and the agents. The Council would regulate both the brokers and the agents, so I do not think it is wrong the way we have crafted it particularly.
Mr Bedzrah 11:48 a.m.
Mr Speaker, I was going to speak with the Hon Majority Leader to understand, but the issue is that the Bill is for Real Estate Agency, and the agency include both brokerage and agents. But going through the Bill the functions of the broker and that of the agent are distinct. That is why we added “brokerage” to it so that it would not be limited to only the agent.
Mr Agbodza 11:48 a.m.
Mr Speaker, I now get what the Hon Majority Leader is saying.If that is the case, then we should re-define and say, when we say real estate and brokers; - if we read the Memorandum, it talks about something else.But in the definition, we have gone to define it twice. We are defining “brokers“ differently from “agents“. But if we read, it then says:
“Real Estate Agency Bill, 2020”
Mr Bedzrah 11:48 a.m.
Mr Speaker, the act that the Bill performs is “real estate agency”. Whether one is a broker or an agent, one's performance is
agency, and that is the Bill we are passing -- “Real Estate Agency Bill, 2020”. So, whether one is a broker as a subset of the agency, or an agent, it is still an agency work. So, we are saying that the object of this Bill is to regulate both agents and brokers. That is all.
Mr Speaker 11:48 a.m.
Hon Chairman, where do we go from here?
Nana Amoakoh 11:48 a.m.
Mr Speaker, I think that the rendition that we just proposed in our amendment should stay because all that we saying is almost the same. If we are trying to differentiate both, “agent“ is under the “agency”. So, it should stay the same way as it was. We are just deleting in line 2, the “the real estate broker” and inserting “the real brokers and agents”.
Question put and amendment agreed to.
Nana Amoakoh 11:48 a.m.
Mr Speaker, I beg to move, Paragraph (g), after “brokers”, add “and agents in good standing”
Mr Agbodza 12:08 p.m.
Mr Speaker, I do not have a problem with it but for the sake of consistency. I remember this issue came up somewhere and we
Mr Kyei-Mensah-Bonsu 12:08 p.m.
Mr Speaker, I agree with Hon Agbodza. We should maintain and publish a register of real estate brokers and agents. Out of that list, we would get to know those who are in good standing, so that list should exist first. They are not required to keep only members in good standing but once you qualify, your name should be
there. Subsequent to that, you should be in good standing and those in good standing would be matched against the list that they have. So, “in good standing” should be deleted, so that we have “maintain and publish a register of real estate brokers and agents”.
Mr Speaker 12:08 p.m.
Hon Chairman, can you give us a full rendition of where we are?
Nana Amoakoh 12:08 p.m.
Mr Speaker, we shall abandon the amendment with the words “in good standing” which would probably come on regulations.
Question put and amendment agreed to.
Nana Amoakoh 12:08 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (k), line 2, after “inspections”, add “of brokers and agents` premises”.
Mr Bedzrah 12:08 p.m.
Mr Speaker, I support the Hon Chairman's amendment. If you look at the original rendition, it says that “monitor and evaluate compliance with this Act and in furtherance of that, conduct inspections”. Inspection of where? So, the Committee thought that we should add “inspection of brokers and agents `premises”.
Mr Banda 12:08 p.m.
Mr Speaker, I support the amendmen,t except that I want to rearrange the words. So, instead of saying “of brokers and agents premises”, it should rather read, “conduct inspection of the premises of brokers and agents”. This would help us avoid the possessive.
Mr Speaker 12:08 p.m.
Especially, in the absence of any apostrophes. Hon Chairman, agreed?
Nana Amoakoh 12:08 p.m.
Mr Speaker, the new rendition would read, “conduct inspection of the premises of brokers and agents”.
Question put and amendment agreed to.
Nana Amoakoh 12:08 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (r), line 1, delete “enforce” and insert “collaborate with the Financial Intelligence Centre to ensure”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:18 p.m.
Mr Speaker, I have two observations. The “real estate agency” and not “real estate agent”. Agency relates to both agents and brokers. For the avoidance of doubt, we need to provide in the interpretation column, a definition for that. It is not there and
we need to do that, so we would be clear in our minds. Mr Speaker, that being the case, when we come to paragraph (m), when we are monitoring the performance of real estate brokers, the performance of real estate agents as well should be monitored. However, we are not talking about that. Paragraph (m) should have taken care of that as well but we are mentioning only real estate brokers. It should include agents as well.
Mr Speaker, when we come to paragraph (q) which reads,
“(q) establish structures and mechanisms for
(i) resolving disputes between real estate brokers and their clients”

Why are we not including “agents”? We must look at it well and we have practitioners here, please they should advise us. For the paragraph (m), we should include “agents'' just as we did in the earlier provisions and again, include “agents'' for paragraph (q) (i), (ii) and (iii). The paragraph (i), talks about real estate agency practice, so that involves the two. That is all I would say in respect of paragraphs (m) and (q). Mr Speaker, the Hon

Chairman and the practitioners in the House, would have to take notice of that. Paragraph (m), should include “agents''.

So, the new rendition would be:

“monitor the performance of real estate brokers and agents''

Then paragraph (q) (i) would be:

“resolving disputes between real estate brokers and agents and their clients''

If we say “real estate brokers and agents'', it would appear as though the dispute is between the two but the two are on one hand. So, “real estate brokers and agents on one hand and their clients'' on the other hand. We could do same to paragraph (q) (ii) and (iii).
Mr Bedzrah 12:18 p.m.
Mr Speaker, I agree with the Hon Majority Leader that we should stand down clause 4. However, I want to explain to him that the functions of the real agent and the real estate broker are different. In the Bill, the real estate broker is supposed to work under the real estate agent-- [Interruption] -- There should be a mechanism between the relationship of the broker
and the client. That is why it has been provided in the Bill like that.Mr Speaker, maybe, we can stand this clause down and consider it at the winnowing committee.
Mr Banda 12:18 p.m.
Mr Speaker, if we look at the hierarchy, the broker is at the top and the agent is beneath the broker. In fact, the agent acts for the broker, so whichever client the agent gets, the agent gets that client for the broker. At the end of the day, the written transaction that occurs is between the broker and the client. So, the final agreement that ensues for the transaction is done between the broker and the agent. That is why we thought that if there should be any dispute, it has to be resolved between the broker and the client because the ultimate responsibility lies with the broker and not the agent.
Mr Speaker 12:18 p.m.
Very well.
We shall suspend the Consideration Stage of the Real Estate Agency Bill, 2020. Meanwhile, relevant persons may consult on the issues.
Hon Members, we would take the Addendum Order Paper.
Item numbered 1, Presentation of Paper.
PAPERS 12:18 p.m.
Mr Iddrisu 12:18 p.m.
Mr Speaker, the referral on item numbered (1) (a), on the Order Paper Addendum, since it is a regulation, it is pursuant to article 11, so it should be referred to the Committee on Subsidiary Legislation.
Referred to the Committee on Subsidiary Legislation,
Mr Speaker 12:18 p.m.
Item numbered (1) (b), by the Hon Minister for Trade and Industry?
Mr Kyei-Mensah-Bonsu 12:18 p.m.
Mr Speaker, I would present the Paper on behalf of the Hon Minister.
Mr Speaker 12:18 p.m.
Very well.
By the Majority Leader (Mr Osei Kyei-Mensah-Bonsu) (on behalf of the Minister) --
Export and Import (Restrictions on Exportation of Soya Bean) Regulations 2020.
Referred to the Committee on Subsidiary Legislation.
Mr Speaker 12:18 p.m.
Item numbered 2, on the Order Paper Addendum -- Motion, by the Hon Attorney-General and Minister for Justice?
Mr Kyei-Mensah-Bonsu 12:18 p.m.
Mr Speaker, respectfully, if we can deal with item numbered 3, on the Order Paper Addendum.
Mr Speaker 12:18 p.m.
Hon Members, item numbered 3, on the Order Paper Addendum.
MOTIONS 12:18 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 12:18 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 Financing
Mr Anthony Effah 12:18 p.m.
Mr Speaker, I second the Motion.
Question put and Motion agreed to
Resolved accordingly.
MOTIONS 12:18 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 12:28 p.m.
Mr Speaker, I beg to move that this honourable House adopts the Report of the Finance Committee on the Financing Agreement between the
Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Fund for Agricultural Development (IFAD) for an amount of twenty million United States dollars (US$20.00 million) to finance the implementation of the Emergency Support to Rural Livelihoods and Food Systems Exposed to COVID-19 (ESRF).

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

1.0 Introduction

The Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Fund for Agricultural Development (IFAD) for an amount of twenty million United States dollars (US$20,000,000.00) to finance the implementation of the Emergency Support to Rural Livelihoods and Food Systems Exposed to COVID-19 (ESRF) was presented to the House on Thursday 8 th October, 2020 by the Hon Minister responsible for Monitoring and Evaluation, Dr Anthony Akoto Osei on behalf of the Minister responsible for Finance.

Pursuant to Article 103 of the 1992 Constitution and Orders 169 and 171

of the Standing Orders of the House, the Agreement was referred to the Committee on Finance for consideration and report.

The Committee subsequently met and discussed the Agreement with a Deputy Minister for Food and Agriculture, Hon Dr Sagre Bambangi, a Deputy Minister for Finance, Hon Mrs Abena Osei-Asare as well as officials from the Ministries of Finance and Food and Agriculture. The Committee hereby submits this report to the House pursuant to Order 161(1) of the Standing Orders of the House.

The Committee is grateful to the above-mentioned Deputy Ministers and the officials for attending upon the Committee.

2.0 References

The Committee referred to and was guided by the following documents inter alia during its deliberations on the Agreement:

The 1992 Constitution of the Republic of Ghana.

The Standing Orders of the Parliament of Ghana.

The Public Financial Management Act, 2016 (Act 921)

3.0 Background

Agriculture remains a major driving force of Government's economic transformation agenda. In pursuance of modernizing agriculture, Government has introduced its flagship programme, the Planting for Food and Jobs (PFJ) campaign and other sector interventions in the last three years. The interventions among others aim at improving extension services, expanding storage facilities and the promotion of marketing of food commodities through the National Buffer Stock Company Limited and the Ghana Commodity Exchange.

The outbreak of the COVID-19 pandemic and its ravaging effect on global economies including Ghana, has adversely impacted agriculture, particularly food security. Ghana has the highest number of COVID-19 cases in West Africa with 43,094 cases recorded as at August 19, 2020. Thirteen (13) out of the sixteen (16) regions in the country have so far recorded cases of the COVID- 19 infections. The response of Government has been to stem the spread of the disease through the introduction of several measures including a partial lock-down and restrictions in the movement of goods and people. These restrictions
Mr Anthony Effah (NPP -- Asikuma/Odoben/Brakwa) 12:28 p.m.
Mr Speaker, I beg to second the Motion for the approval of this Facility.
Mr Speaker, we have said in this House time and again that the impact of COVID-19 has really been severe on many institutions. Even the robust institutions in the banking and manufacturing sectors have suffered. So has the agricultural sector had its share of the negative and adverse impact of COVID-19. Mr Speaker, this Facility is supposed to minimise the adverse effects of this on rural farmers. The Report before us suggests that there are other development partners that would contribute towards the total funding of the project.
Mr Speaker, the terms are very reasonable and are quite standard for IFAD facilities. At the meeting, we did not have any reservations or objections to the fact that the rural farmer should also be supported.
Mr Speaker, I beg to second the Motion that we adopt the Report of the Committee on Finance for the approval of the Facility. I thank you.
Question proposed
Dr Abdul-Rashid H. Pelpuo (NDC-Wa Central) 12:28 p.m.
Mr Speaker, I

thank you for the opportunity to make a few remarks on the Report presented to us on the Finance Agreement which is meant to finance the implementation of the Emergency Support to Rural Livelihoods and Food Systems Exposed to COVID- 19. Mr Speaker, I am happy that we are committed to ensuring that life goes on despite the challenges we are facing especially with this commitment to agriculture and to ensure that there is food security despite the huge impact of COVID-19.

Mr Speaker, I am very worried about what we are doing in this country in the name of COVID-19. We have had the opportunity to approve a US$1 billion Rapid Credit Facility Fund from the International Monetary Fund (IMF).
Mr Speaker 12:28 p.m.
Hon Member, are you worried about everything that we are doing or some things?
Alhaji (Dr) Pelpuo 12:28 p.m.
Mr Speaker, aspects of them and not everything we are doing.
Mr Speaker 12:28 p.m.
Then state it well because in that global term, it is a bit --
Dr Pelpuo 12:28 p.m.
Mr Speaker, I am simply worried about the fact that our
national commitment to fight it has yielded so much but much of it are being credit facility we are taking and we are not getting any results at all. I have not seen any report on every single dollar we have taken; the Rapid Credit Facility Fund we took from the IMF, the US$100 million we took from the World Bank and the GHµ 10 billion we took from the Bank of Ghana and we are still taking US$20 million.
Mr Speaker 12:28 p.m.
Order! There is a point of order or correction.
Dr Assibey-Yeboah 12:38 p.m.
Mr Speaker, the Minister for Finance came to this House and informed the House that because of the pandemic, there was a revenue shortfall of GHµ 15.2 billion. As a result, our economy is projected to grow at 0.9 per cent
of GDP instead of the projected 6.8 per cent.

Mr Speaker, all over the world, countries are intervening in their economies and in Europe, about €750 billion has been devoted to pluck the holes. Out of this, about €390 billion is grants from the powerful countries to the less powerful ones.

This intervention by the President is to address the effects of the COVID-19 pandemic in the agricultural sector. He mentioned an amount of US$100 million which was borrowed from the World Bank and was to be used to supply personal protective equipment (PPE); this was allocated to the Ministry of Health. At every stage where we have sought financial intervention, in this House, we say what the intervention is going to be used for and this particular intervention is going to be allocated to the agricultural sector. The pandemic struck at the start of the planting season and this brought about serious challenges and we have precisely outlined what this intervention is going to do. Mr Speaker, so, for the Hon Member to suggest that we are taking moneys and there is no accountability for it, I think that is most unfair.
Alhaji Pelpuo 12:38 p.m.
Mr Speaker, I thank the Hon Chairman for the explanation but explanations are not solutions at all. It has not solved the problem that they have not accounted for anything and the fact that we do not know what they are doing with the money even though they peg it to something. It is our duty to ensure that there is accountability for every pesewa and it is important for us to take note that we are borrowing this money and we will pay back. Is it not painful that at a critical moment such as a pandemic, Ghana cannot provide for itself and we are borrowing?
Mr Speaker, I just want to draw Government's attention to the fact that it is important for us to borrow money but they should account for it and it is very critical and that it should go to do exactly what they are using it for. This is because how long do we have before elections and when are they going to account for it? We are worried.
Thank you very much for the opportunity.
Mr Speaker 12:38 p.m.
Please, the processes for filing Questions are available. You can bring Questions, I will admit them as I am enjoined to do so that if you have any doubts about anything, you can exercise your relevant duty to ask questions.
Mr Speaker 12:38 p.m.


Muntaka (NDC -- Asawase): Mr Speaker, thank you for the opportunity to contribute to the Motion before us. I would also like to say that the challenges associated with the COVID-19 pandemic across the world are not a hidden one. We can all attest to the challenges that confront all of us. Mr Speaker, ordinarily, taking US$20 million to tackle issues in the agricultural sector should not be a bad one. However, the challenge is that we have taken so much money and anytime, they come before the House to borrow, they do not give enough details to allow us to exercise our oversight responsibility effectively.

Let us start with the US$1 billion that was borrowed from the International Monetary Fund (IMF). When it came before us, there were thematic areas just like this Report but we all heard the challenges that confronts the health sector and questions have been filed in trying to get the Hon Ministers to provide responses to and that has not been successful. We thought that incident, other Agreements that come before us take a cue from the previous ones to demand some more detail to facilitate our oversight responsibilities but that did not happen.

Mr Speaker, we went ahead to take an amount of over US$200

million from the Stabilisation Fund which was given to us and which resulted in the about US$1.2billion which was to be used to distribute food to people in Kumasi, Accra and so on as well as for the provision of the free supply of water and electricity.

We all saw the chaos that greeted our attempts at distributing the food and questions were filed for details as to how food was distributed and who were the beneficiaries of such and those details were not given. Subsequently, we thought that we would take steps so that when such issues are brought to the Floor, we would ask for details but were not successful.

Mr Speaker, we came to the House to take an amount of GH¢10 billion from the Bank of Ghana. When we borrowed this amount of money from the BoG, we employed the same attitude -- no specific details were given in enabling this House to exercise its oversight duties.

Furthermore, if you would remember, during the Mid-Year Review, the Hon Minister for Finance gave a figure of over 100 million spent on food distribution and when there was hue and cry, he quickly came back to say that the figure he mentioned, was not the exact figure; that is, a mistake in the Statement he

made. He did this without giving specific details.

Mr Speaker, now, we have this amount of US$20 million from the IFAD and if I can refer you to page 5 of the Committee's Report, you notice the same attitude. That is, ‘they are going to distribute food and provide 37,250 beneficiaries with timely access to inputs and to increase production and support 5,000 vulnerable beneficiaries with direct cash transfer'.

Here, they are just mentioning figures and not telling us in which areas -- we know that there are farmers and the vulnerable ones live in Nkoranza, Ejura, Bolga and so on. So, they would have to give details so that Hon Members, especially those from the mentioned constituencies can monitor whether what is being said is really what they are doing. If they do not do that how will this House be able to play its oversight responsibility?

Mr Speaker, we have to be careful because we are taking undue advantage of this pandemic. Yes, it is true that everywhere in the world when you go to America, almost everyday Congress is approving moneys to support the vulnerable but they give details even to the

companies or beneficiaries of the moneys as their names will be listed and presented to Congress. The same applies when we visit other Parliaments all over the world as they give details to facilitate monitoring.

The COVID-19 pandemic is real and so, let us be careful of how much money we are taking in the name of this pandemic. So much money has been borrowed in the name of the pandemic and we can hear a lot of vulnerable groups still crying out for help. An instance is private school teachers crying for help despite the huge amounts of money that have been borrowed and yet, we are not accounting to the people.

Mr Speaker, I remember that the specific accounting detail given for the 1.2 billion that was borrowed, was on a sheet of paper without any details and we are here again, and we want to borrow US$20 million in the name of agriculture. If there is any farmer here, he or she would know that by now, the planting season

is over and it is now that Government is borrowing US$20 million in the name of agricultural inputs and fertilizer.

I can see that the Hon Deputy Minister for Agriculture upstanding, maybe, he would be able to tell us -- [Interruption] because I know that
Mr Speaker 12:48 p.m.
the planting season is almost over. It is time to take care of what has already been planted and it is now that this amount of money is being borrowed to do cash transfers, distribute food and agricultural inputs to farmers without any specific accountability. How are we to follow through with the details in this matter?
Mr Speaker, I agree that this is a very important sector of our economy and we cannot pretend that it does not exist. Supporting them is legitimate but we need to do it in a way that the representatives of the people can keep an eye on such things to make sure that people do not take advantage to waste these resources.

This is because if we say the Auditor-General will bring the report, that is always post-mortem. What happens during the process? These are the concerns.

Mr Speaker, it is not that those people do not deserve to be supported; supporting them is legitimate and important because we cannot wait to run into food insecurity, but they should give us some details that we would follow so that we would be sure that the money is used for

what it was intended for, and people would not take advantage to abuse that funds.

Mr Speaker, with these comments, I hope that as we approve this money, all of us as Hon Members of Parliament will keep -- [Interruption] I support it because I am a farmer. I know the challenges that those vulnerable farmers are going through. My concern is how we would disburse it. Who and who are the beneficiaries so that we all see it?

I support that we do it hoping that the Ministry of Food and Agriculture would do the right thing and make sure that the beneficiaries -- those who truly are vulnerable -- get this support to salvage them from their difficulties.
Mr Speaker 12:48 p.m.
For these matters, parliamentary questions have been stipulated and provided for regarding this. Any Hon Member who wants to get any details about anything should please ask a Question, and it would be allowed.
Deputy Minister for Food and Agriculture (Dr Sagre Bambangi) (MP): Mr Speaker, I would want to thank Hon Colleagues for their contributions and clarify a few issues.
For instance, the Hon Member for Asawase questioned the fact that the
planting season is over and therefore, there might not be the need for us to approve this and at the same time, he supported the Motion. I would want to clarify that it is for the 2021/2022. The project is for 18 months; it starts from 2021 up to June 2022. It is meant to support farmers.
Since COVID-19 pandemic is not over, we would continue to support farmers to secure our food needs in this country. It is not for this year; it is from 2021 to 2022. It is for 18 months and it will end in June 2022.
Mr Speaker, we are also supporting vulnerable farmers and looking at disabled people as the first priority, but we will also look at other vulnerable groups as well. We would work in collaboration with the Ministry of Gender, Children and Social Protection to select these vulnerable groups.
Mr Speaker, I just wanted to clarify this and thank Hon Colleagues for all the contributions that they have made and supported the Motion to approve this facility.
Minority Leader (Mr Haruna Iddrisu) 12:48 p.m.
Mr Speaker, let me thank you for the opportunity and to speak in support of the Motion that this House approves the borrowing of
US$20 million to finance the implementation of the Emergency Support to Rural Livelihoods and Food Systems Exposed to COVID-
19 (ESRF).
Mr Speaker, we can borrow, but we do it for the purposes of investment. That is what we were told that that is what responsible borrowing is about. Mr Speaker, may I refer you to page 7 of your Committee's Report and in particular, paragraph 6.2 which reads:
“The project is designed to align within the context of Ghana Medium-Term Development Policy Framework”
One would have expected that beneficiaries of Livelihood Empowerment Against Poverty (LEAP) could be identified by the Committee and recommended to be the beneficiaries of this intervention particularly those who are farmers and in this particular area. I see mention of the Ministry of Gender, Children and Social Protection.
Mr Speaker, with respect, I refer you to paragraph 6.6 on page 9 of the Report. It reads:
“The Committee observed that as part of the Project, there will
Mr Speaker, I quote further 12:48 p.m.
“As to how much each beneficiary would receive under the cash transfer scheme, the Committee was informed that each beneficiary is expected to get the Ghana cedi equivalent of one hundred United States dollars (US$100).”
That means GH¢570 per beneficiary. We will do the mathematics. GH¢570 multiplied by 5,000 beneficiaries does not give the amount of money that has been allocated in United States dollars for the purpose of the borrowing - [Interruption] I am building my point.
Mr Speaker, I am heart warmed that I have seen persons with disability as part of the beneficiaries. We could
identify pregnant women or breastfeeding women who are in difficulty -- that is what has happened somewhere.
Mr Speaker, the World Bank and the International Monetary Fund (IMF) today estimate that the world will need about US$1.2 trillion to overcome the economic challenges of COVID-19, and it is estimated further that globally, 43 million people will be moved to adverse poverty out of
COVID-19.
This is the statistics that has been churned out by both the World Bank and the IMF in the last one week subsequent to the discussion that is going on. The statistics estimates that 43 million people would be thrown into “extreme poverty” so, we should borrow, but it should be done responsibly.
Mr Speaker, is the Government not sure that they are not just taking money to just give away to people as campaign -- vote for me and take GH¢500? -- [Interruption] Are we saying --
rose
Mr Speaker 12:48 p.m.
There is a point of order please.
Dr Assibey-Yeboah 12:48 p.m.
Mr Speaker, as was indicated by the Hon Deputy
Minister for Food and Agriculture, this programme will begin in 2021 for an 18 month period so, this is not to go out as freebies for votes.
The NPP does not buy votes.
Mr Iddrisu 12:58 p.m.
Mr Speaker, I withdraw “campaign money” and say “post-election freebies”.
Mr Speaker, the Committee quoted 2020 to 2021, and the Hon Deputy Minister quoted 2021 to 2022. Let us be guided by the record. We are doing oversight.
Mr Speaker, look at the figure under “Protect against Hunger and Build Resilient Livelihoods” on page 5 of the Committee's Report. It is US$17.6 million. This is component 1 under paragraph 5.0. When you read, I only find “Secured Access to Agricultural Inputs and Food Supply (US$13,690,000)”. So, it is not all the US$17.6 million which will go into that activity.
I see a further breakdown of US$1.6 million and others, but ideally, of this US$17 million, the Committee should let us know how much would go to the 5,000 beneficiaries; we should know how much money is dedicated to them -- [Interruption] “Income Generation Activities and
Diversification of Food and Nutrition Supply” is not income generation.
Mr Speaker, I refer to paragraph 5.0 of the Report.
“This sub-component will support income generation activities and increase the income and diversity of the sources of food and nutrition for target households.”
There is not income generation here. When the Government borrows, it should be done responsibly and invest; they should not borrow and give it away for free.

As the Hon Minority Chief Whip observed, we have had a lot of approvals by this Parliament and this Government. Under COVID-19, we are demanding accountability as to the real disbursement of those moneys; whether it is the GH¢1 billion Rapid Credit Facility, the US$290 million taken under Article 177 from the Contingency Fund or the additional borrowing from the Bank of Ghana. We know that post-IMF the decision was that there would be zero borrowing from the Bank of Ghana. It has been reported that Government has borrowed GH¢20 billion from the Bank of Ghana and not GH¢10

billion. This was only reported yesterday in the spring discussion of the World Bank. Mr Speaker, that GHµ 20 billion even lies against the Bank of Ghana Act and the threshold of borrowing from the Bank of Ghana.
Dr Assibey-Yeboah 12:58 p.m.
On a point of order: Mr Speaker, the Government has not borrowed GH¢ 20 billion from the Bank of Ghana. The component of the domestic debt owed to the Bank of Ghana is GH¢ 20 billion. In the face of the COVID- 19, the Government borrowed GH¢ 10 billion, of which GH¢5.5 billion has been disbursed. However, the cumulative debt owed to the Bank of Ghana, of which a large component was borrowed by the National Democratic Congress (NDC) is GH¢ 20 billion. So, under the COVID-19 pandemic we have not borrowed GH¢20 billion. We have only taken GH¢5.5 billion from the Bank of Ghana so there should not be a misreporting.
Mr Iddrisu 12:58 p.m.
Mr Speaker, the Hon Member has worked with the Bank of Ghana and he knows that I have read what he read yesterday that Bank of Ghana -- [Interruption] What is the meaning of debt? If we do not borrow would we create debt?
Mr Speaker 12:58 p.m.
Hon Minority Leader, you know that I am always particular about statistical fact. If you cannot establish what you have said and which has been corrected then drop it and let us proceed.
Mr Iddrisu 12:58 p.m.
Mr Speaker, I stand by my statistics. I read it only yesterday --
Mr Speaker 12:58 p.m.
Hon Minority Leader, you cannot stand by your statistics when you cannot approve it.
Mr Iddrisu 12:58 p.m.
Mr Speaker, I do stand by it and I can prove it.
Mr Speaker 12:58 p.m.
Hon Minority Leader, I am afraid that if you cannot prove it now then you would have to withdraw it.
Mr Iddrisu 12:58 p.m.
How do I prove it?
Mr Speaker, total debt standing with the Bank of Ghana as reported is GH¢20 billion and I stand by it. It has been reported by the Governor.
Mr Speaker 12:58 p.m.
Let us not be doing these things.
Hon Members, respectfully, I consider that some of these things make it totally impossible for the Chair to work. I would say that this is most unfortunate because the person in the
Chair must apply the rules and we all know that a golden rule in this honourable House is that a person must establish, prove or withdraw and this is all that I am asking for. Every first-timer knows that this is the rule of this honourable House. When we do this then we bring the House into unnecessary disrepute. I am sorry to say this but I am duty bound to say so but if any Hon Member were to get angry, manifestly so, whenever that Hon Member is politely corrected to go by the rules of the House, then that is an unfortunate place to be.
Hon Majority Leader, do you have any concluding remarks.
Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 12:58 p.m.
Mr Speaker, I rise to make a few observations on the Motion on the floor of the House.
I think we all recognise the effect of the COVID-19 that the compounded fear and uncertainty among a large section of the population resulting in slow down of economic activity and of course the concomitant negative impact on productivity.
Mr Speaker, it is on account of this that the Government of Ghana scaled down its proposed GDP Growth Rate for 2020. It has been scaled down to
about 0.9 per cent. The happy news for Ghanaians is that whereas the Government scaled it to less than one per cent GDP Growth Rate for 2020, due to the bold measures undertaken by this administration, today, the IMF has reviewed upwards the Government's own projection of GDP growth rate from 0.9 per cent to 1.5 per cent. Mr Speaker, the note that they added was that if the Government continues on this trajectory it is possible that we would be able to go up from the 1.5 per cent growth rate that they have projected themselves to about 1.8 per cent. I thought that this should be hurray for Ghanaians, but we are being told here that Government is not providing details on its borrowing and some people are saying that we cannot go for the Auditor-General. Mr Speaker, nobody is saying that we should go for the Auditor-General.
Mr Speaker, I have always been pointing out that it is a deficit in the performance of our Committees. Allocations have been to the Ministry of Health and the Ministry of Agriculture so we should not wait until the end of the year and further wait for another six months after the end of the financial year before we anticipate the report from the Auditor- General. Then after seven or eight months after the end of the year we begin to probe into what had been
Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 1:08 p.m.
done with the money. What is the essence and remit of Committees of this House? If we want to wait for the Auditor-General then we are admitting that our Committees are docile and are not doing anything useful for this House. If allocations are made to the Ministry of Health then right away the Committee on Health should ask useful questions and make statements of demands as part of our oversight responsibility.
Mr Speaker, when we come here and throw our hands into the air, it is so defeatist. It is either we do not know the business of this House or the business of the Committees. I agree that in the performance of our oversight responsibilities, we should have facts and figures and those facts and figures should be chased by the Committees. Arguably, the performance of oversight responsibility by the House rests on the shoulders of the Committees. So, why are we saying that we did not have enough figures? In one breath it is said that the farming season is over and in another breath the farming season is almost over. Mr Speaker, what is he talking about? Is it over or it is almost over? The two are simply not the same.
Mr Speaker, but the happy news of the clarification from the Hon

Mr Speaker, elsewhere when Committees enquire into matters and submit Reports to the House, they are taken as given. So in many of the established democracies, when Committees are required to go into such, unless they relate to policy issues, they do not even come to the Plenary for further interrogation because they believe that the Committee has done what is needful.

Here, in this case, we are not having it. So the charge should go to the Committee on why they are short- changing the Plenary by such Report which information is insufficient. He should charge the Committees.

Mr Speaker, into the next dispensation, we expect Committees to be much more proactive. We have spoken to ourselves and even bringing

the numbers in the Committees. If what he is saying is not satisfactory, we should be charging them to wake up, but he cannot blame the Ministry.

What we want as a House is what he should demand from the Committee. If the Committee says he demanded it, the House would know. If he made that demand and he thinks the information he has supplied is sufficient, who does he blame?

Mr Speaker, I do not believe in the sanctity of the Report from the Auditor-General. When a project starts rolling out, it is the charge of our Committees to follow up to ensure that the Ghanaian people are not short-changed. If they fail to do that, he should not blame anybody.

Mr Speaker, on the other matters, the Hon Majority Leader said perhaps we are distributing freebies for campaign or pre-selection when he knows that the Hon Deputy Minister for Agriculture has already responded to this. I think that is unfair to the Minister for Finance and indeed unfair to us. This is because, if we did not know, and the Minister for Finance provides the information, we should take a cure. However, to insist that it is for either campaign or pre-selection freebies, what was he saying?

He is hoping against all odds to win elections, and so if during the elections he would distribute them after the campaign, I do not think what he intends to do when he wins. But I have been telling him to hold his horses and not engage in any vain enterprise which would call for huge expenditures that could be saved for other useful endeavours. So he should be circumspect in how he spends his money.

Mr Speaker, when answers exist in official publications, we have had justifications for these amounts that have come to the House. If he is saying that the information contained in it is inadequate, that is something. But for Hon (Dr) Rashid Pelpuo to say that there has not been any justification for any of it, I am surprised. I do not want to believe that he sleeps in this House. He is not capable of sleeping in this House. But for him to tell me that he has not seen any justification, then he leads me to the conclusion that when he comes to the House, perhaps, he was sleeping, with respect. Otherwise, any of them that has come to this House came with justification.

He may say that the justification is inadequate as far as he is concerned, but to say that it does not come with any justification --
Alhaji (Dr) Pelpuo 1:08 p.m.
On a point of order. Mr Speaker, I think the Hon Majority Leader was apparently not listening to me at all. I insisted on reports on what has happened with the earlier moneys we have taken. That would have justified the fact that we give you more.
This is a COVID-19 programme and they are asking for an emergency funds and so there must be emergency report on what the money has been used for. If they do not do it, and every time they are coming for money, it is my duty as a responsible Member of Parliament to ask for justification of the fact that they have spent earlier money and are coming for more. To question it is legitimate, and so to say that my being here is therefore questionable is offensive.
Mr Kyei-Mensah-Bonsu 1:08 p.m.
Mr Speaker, it was Hon Owusu Acheampong who told us that here Hon Members do not sleep but they meditate. So perhaps, he was meditating when these issues came to us.
However, in truth, anyone of the requests that has come to this House came with justification. As to what has been done after the approval, it is the Committee that should make the probe. So it is an indictment on the
Committees in this House that they are not working effectively. This is the issue, and we should understand.
If we approve money, what is oversight? It is ensuring that money that have been requested and allocated are used for the purpose for which the request were made, and if they have been used for the purposes, whether there is value for money. This is the charge of the Committees. And so he does not have to come to throw his arm in the air and say the Minister has not come to provide any justification on how he spent the money. It is the charge of the Committee. This is oversight.
Mr Speaker, I do not need to really to --
Mr Speaker 1:08 p.m.
Oversight cannot be done in the past. It can be done only after the event, and you would see it.
Mr Kyei-Mensah-Bonsu 1:08 p.m.
Mr Speaker, there may be legitimate questions, but it is for the Committees to follow up. This is what we fail to appreciate.
Mr Speaker, I do not think I should be continuing on this path. I think there was enough justification for us to approve of this and after the approval, to charge our committees to ensure
that the moneys are put to good use for the benefit of the target population.
Mr Speaker, I thank you very much.
Mr Speaker 1:08 p.m.
When the money is given and the person receives the money, then you could oversee while he is using it and thereafter. We have the parliamentary mechanisms. This is all that I continue to say in this House.
Question put and Motion agreed to.
Mr Speaker 1:08 p.m.
The next item, Resolution.
In the process, the Hon First Deputy Speaker would take the Chair.
Hon Attorney-General and Minister for Justice, you may assist?
RESOLUTIONS 1:08 p.m.
THIS HONOURABLE 1:08 p.m.
HOUSE HEREBY 1:08 p.m.
RESOLVES AS 1:08 p.m.
Dr Mark Assibey-Yeboah 1:08 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 1:08 p.m.
Hon Majority Leader, the next item?
Mr Kyei-Mensah-Bonsu 1:18 p.m.
Mr Speaker, the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs has indicated to me that he would be with us in five minutes with the Report. The Hon Attorney-General and Minister for Justice has been waiting all this while. So I would want to believe that the Hon Chairman would submit the Report to us in five minutes time as he has said.

Mr Speaker, in the meantime, if you can occupy some space with the Real Estate Agency Bill, 2020, which is the item numbered 7 on the original Order Paper.
Mr Speaker 1:18 p.m.
Hon Members, we are back to the Consideration Stage of the Real Estate Agency Bill, 2020.
BILLS -- CONSIDERATION 1:18 p.m.
STAGE 1:18 p.m.
Mr Amoakoh 1:18 p.m.
Mr Speaker, we are on item (vi). There were some suggestions that we made because we eliminated a few things to real agents and brokers. We added “agent” to it for (m), (n) and (q). So the rendition reads:
“Include agents on it”.
MR FIRST DEPUTY SPEAKER
Mr Amoakoh 1:21 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (a), delete “nominated by the Minster” and insert “appointed by the President”.
Mr Kyei-Mensah-Bonsu 1:21 p.m.
Mr Speaker, the one cannot be appointed by the President. This is because ultimately, all of them as a collective would have to be appointed by the President. That is expressed in clause 5(2). So perhaps, if we want the President to take the place of the Minister, we should then say, “the Chairperson, nominated by the President”. But we cannot say, “appointed by the President”. This is because ultimately, all of them would be nominated by the President.
Mr First Deputy Speaker 1:21 p.m.
Let me go to the back bench before I come to the front bench.
Mr Ahiafor 1:21 p.m.
Mr Speaker, this morning, we met briefly on this. So the new rendition is as proposed by the Hon Majority Leader. It should be, “nominated by the President”. This is because the President would have to appoint all of them under article 70 as stated in clause 5 of the Bill.
So the amendment that we should be making is to replace “Minister” with “President”. So the new rendition would be:
“A chairperson nominated by the President”.
Mr Iddrisu 1:21 p.m.
Mr Speaker, the Chairman is right on the amendment only on the first leg and that should end it. He should just say: “after chairperson, delete “nominated by the Minister''”. So that pursuant to article 70, the President would determine the chairperson and members of the Board. He does not need to go through the second leg to say that “and appointed by the President”. Our practice has been chairperson and members of the Board - article
70.
Thank you, Mr Speaker.
Mr First Deputy Speaker 1:21 p.m.
Hon Leader, look at the (b). The rest of the members are nominated by other institutions. In the case of the chairperson, you want the President to appoint that person. My problem is why you say, “nominated by the President”. The President would appoint the person. Nominate for who?
Mr Chireh 1:21 p.m.
Mr Speaker, the position is that the President is the one who would nominate the chairperson but if you look at where the
appointment is, it is in subclause 2, where the President is appointing.
“The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.”
What is really emphasised is that nominating somebody is a process. But formalisation of the appointment is by the President. So the formulation is that the chairperson and other members of the Board shall be appointed by the President in accordance with article 70. So the chairperson is nominated. If we want to qualify who should be the chairperson, that is a different matter. We leave it as it is. We do not even mention whether it is the President or the Minister.
Mr Iddrisu 1:28 p.m.
Mr Speaker, article 70 (d) reads: “The Chairmen and other members of -- (iii) the governing bodies of public corporations.” So, if we were to go strictly by the constitutional provision, then at all times, our language would have been “the chairperson and members of the Board may be appointed by the President.” So, when we say nominate, appoint --
Mr Speaker, sometimes we can share practical experiences. You know, as for the President, he is to appoint. We have clothed the power of appointment in the President. For those of us who have been Ministers before, we would be there and the green letter would come, but we realise that the President has already constituted the governing Board, appointing the Chairperson. So, if we were to follow article 70 (1) (d) strictly, then even the words in two would not be members of the Board. I have canvassed this before. It would have all times been captured as “the chairperson and members of the Board”, which is consistent with article 70 (1) (d) of the Constitution.
So I am simply saying that the Hon Chairman is wrong, but he is only wrong in the first leg. He should therefore just delete the phrase “nominated by the Minister” and end it there, then it would be left with the Chairperson.
Mr Speaker, there are times that Ministers have sent names to the President nominating people, but the President did not respect it. He still exercises his power as President to make a determination on who he wants to serve on the Board. So, I am simply saying that the appointment
is weightier than the nominations, for our purposes here.
Mr Banda 1:28 p.m.
Mr Speaker, we would want to do away with the “nomination by the Minister”, and to just ensure that the ultimate appointment is done by the President. So, there are two ways of looking at it. In this Parliament, there are some legislations in which we have crafted this kind of language to read “nominated by the President”, and at the end of the day, we say “appointed by the President”.
Mr Speaker, however, if we should delete the phrase “nominated by the Minister”, what it would then mean is that a Chairperson would be the only phrase that would be left in the Bill. But at the end of the day, if the President should do the appointment, then what it would imply is that the President would have done his own background checks, would have agreed on a particular person, and would have done the appointment. So, it does not really make any difference if we say “nominated by the President”, and at the end of the day, give the President the power to appoint the Chairperson and the rest of the members of the Board.
Mr Speaker, other than that, if we should delete “nominate by the Minister” and leave “a Chairperson”,
Alhaji Fuseini 1:28 p.m.
Mr Speaker, I am privileged to have the Attorney- General by my side. I think that I support the Hon Minority Leader. Nomination is for the purposes of consideration. One may nominate somebody for a consideration, so, if Parliament would have a representative, then somebody is nominated for consideration. How would the President nominate somebody for consideration? For which consideration? That is why the Constitution is crafted the way it is.
If we have a Chairman who is to be appointed by the President, and we know that the Chairman would be determined in the exercise of the Executive powers of the President under article 58, then we do not need to nominate. This is because that Executive power resides in him; it
does not reside in anybody. In fact, I would want the Hon Majority Leader to know that when he reads our Constitution carefully, the President is Government. So, who would he nominate for? We should therefore leave out the Chairman.
Mr Speaker, we could then come to clause 2 and amend it to then say that the Chairman and other members of the Board shall be appointed by the President. This would then take care of the nomination aspect. This is because the President would not exercise his Executive authority to determine who the Chairman would be.
I support that we remove “nominated by the Minister”. This is because all of us who have been Ministers before know that we could compile a list of names, indicate the Chairman and even inform the person that he is going to be the Chairman, but the list would come back from the presidency, and the Chairman would be a different person, but we would have to work with it. In that case, the presidency is simply telling us that we have no capacity to determine who the Chairman should be. So, we should leave out the Chairman, come to clause 2, insert “Chairman and other members”, then we would have cured the lacuna.
Mr Kyei-Mensah-Bonsu 1:28 p.m.
Mr Speaker, I think that as a House, we have not been very consistent with this formulation. This is because in many instances, we have said “the Chairman, nominated by the President”. Why? This is because the President ultimately appoints all of them.
Now, when we come to (b), all of them are nominated by various institutions, so, who nominates the Chairman if we left it hanging? This is because in clause 2, we are saying that the Chairman would be appointed by the President, just like the other members would also be appointed by the President. However, the one to nominate the Chairman is not clear.
Mr First Deputy Speaker 1:28 p.m.
Must somebody nominate for the appointee? The President would appoint, but with the others, they are representing agencies. So, we are saying that those agencies would have to nominate somebody for appointment, but for the Chairperson, the President would do his appointment himself. Must the person be nominated by somebody for him?
Mr Kyei-Mensah-Bonsu 1:28 p.m.
Mr Speaker, it is the reason I disagree with what the Hon Member for Tamale Central said, that nomination necessarily is subject to consideration.
I disagree. If it has to do with an institution and the institution present their representative, can the President refuse the person?
Mr First Deputy Speaker 1:28 p.m.
Yes. The power of appointment is with the President, not the institution.
Mr Kyei-Mensah-Bonsu 1:28 p.m.
Mr Speaker, it is the reason we had this problem with the university councils. When the universities nominated and the President said no, it created a problem. So, nomination is not necessarily for consideration.
Mr First Deputy Speaker 1:28 p.m.
This was because probably, those who nominated assumed that the power of nomination was equal to the power of appointment - no. If a person is nominated for me, I would investigate the person, and for reasons that I think that the person is not suitable, I would probably ask you to nominate another person for me. But it does not mean that I should accept your nomination.
Mr Chireh 1:28 p.m.
We should focus on the deletion of Minister, and then leave the rest. This is because with what the Hon Majority Leader is arguing about, when I was a Minister, I wrote to institutions, they sent me their representatives and I compiled the list, but when it came, different names were substituted.
Mr Chireh 1:38 a.m.


So, the President might say, you want this director to be on this Board, but I want a different person. What are you going to say? It is for consideration.
Mr Kyei-Mensah-Bonsu 1:38 a.m.
Mr Speaker, now, this is very informative and I think the House then would have to be consistent in this. There is this Bill that people are raising hue and cry about -- the University Bill. At the heart of it is this matter, that nominations from faculties could be refused by the appointing authority. And people are saying that in that way we would compromise academic freedom. -- [Interruption] -- Mr Speaker, if we want it to be tidy, perhaps, we could say, “A chairman appointed by the President”.
Then, when we come to (2), the other members shall be appointed by the President so that we are clear in our minds who should do the nomination and appointment of the Chair. But as I am saying, we have not been consistent and that is why we have this problem. If we want the matter to be put beyond doubts, then perhaps, from now on, the (a) should read:
“A Chairperson appointed by the President”.
Then, the others would be nominated. And when we come to (2), the other members would be appointed by the President in accordance with -- I believe that would be tidier.
Mr First Deputy Speaker 1:38 a.m.
Hon Members, we have not agreed now; let us agree on the text and proceed. What is the agreed text so I can put the Question?
Alhaji Fuseini 1:38 a.m.
Mr Speaker, the agreed text should be; we delete all words after “Chairman” and then, come to subclause (2), and then what the Majority Leader has said, we insert “Chairman”. So it would read:
“The Chairman and other members of the Board shall be appointed by the President”.
Mr First Deputy Speaker 1:38 a.m.
Very well, clause 5 (a), delete, “nominated by the Minister”.
Question put and amendment agreed to.
Nana Amoako 1:38 a.m.
Mr Speaker, I beg to move, clause 5, subclause (1), paragraph (b), subparagraph (ii), after
“recognised”, insert “association of”, and in line 2, after “brokers”, insert “and agents on rotational basis”
Question put and amendment agreed to.
Nana Amoako 1:38 a.m.
Mr Speaker, I beg to move, subclause (1), paragraph (b), subparagraph (iii), after “recognised”, insert “association of”, and in line 2, after “developers”, insert “on rotational basis”
Question put and amendment agreed to.
Mr First Deputy Speaker 1:38 a.m.
Hon Members, the item numbered (x)?
Nana Amoako 1:38 a.m.
Mr Speaker, I beg to move, subclause (2), line 1, before “members”, insert “Chairperson and other”
Question put and amendment agreed to.
Clause 5 as amended, ordered to stand part of the Bill.
Mr First Deputy Speaker 1:38 a.m.
Clause 6?
Clause 6 -- Duties and liabilities of members of the Board
Mr Kyei-Mensah-Bonsu 1:38 a.m.
Mr Speaker, respectfully, if we could end the Consideration of the Real Estate Agency Bill, 2020 for now, and come back and deal with the Council of State Bill.
Mr First Deputy Speaker 1:38 a.m.
Very well, that brings us to the end of the Consideration of the Real Estate Agency Bill, 2020 for now.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:38 a.m.
Mr Speaker, we would deal with the item listed numbered 2 on the Order Paper Addendum.
Mr First Deputy Speaker 1:38 a.m.
Hon Members, the item listed 2 on the Order Paper Addendum, Motion by the Attorney-General and Minister for Justice?
MOTIONS 1:38 a.m.
BIILS -- SECOND READING 1:38 a.m.
Chairman of the Committee (Mr Ben Abdallah Banda) 1:48 a.m.
Mr Speaker, I beg to support the Motion and in so doing, present the Committee's Report.
1.0 Introduction
1.1 The Council of State Bill, 2020 was laid in Parliament on Tuesday, 6th
October, 2020 by the Hon. Attorney- General and Minister for Justice, Miss Gloria Afua Akuffo in accordance with Article 106 of the Constitution.
1.2 Consequently, the Bill was referred to the Committee on Constitutional, Legal and Parliamentary Affairs for consideration and report pursuant to Order 179 of the Standing Orders of the House.
2.0 Deliberations
The Committee met with the Hon. Attorney-General and Minister for Justice, Miss Gloria Afua Akuffo and Officials of the Office of the Attorney- General and Ministry of Justice to consider the Bill.
The Committee expresses its profound gratitude to the Hon. Attorney-General and the Officials for assisting the Committee in its deliberations.
3.0 Reference Documents
The Committee referred to the following documents during the deliberations;
i. The Constitution of the Republic, 1992;
ii. The Standing Orders of Parliament, 2000;
Minority Leader (Mr Haruna Iddrisu) 1:48 a.m.
Mr Speaker, I crave your indulgence to speak in support of the Motion for the creation by statute, beyond the constitutional provisions of article 89 of the Council of State. As rightly captured in the Memorandum, article 89 provides for the establishment of the Council of State. When I see the words “counsel the President”, whether advise or counsel, which words to choose -
This is long overdue because if you look at other constitutional creations like the Electoral Commission under article 45 and the National Commission for Civic Education under article 218, all those have been created by statute in order that there would be provision for their effective
management and administration. Our work is cut out very easy for us here but when we come to maybe the Consideration Stage, we would consider some other matters.
For instance, in the Long Title, I have a difficulty with the use of “for the achievement of the mandate of the Council of State”. I would prefer the use of the words “for the attainment of the mandate of the Council of State”. Throughout the Bill, when we say “achievement of mandate”, it does not rhyme. It should be “attainment of the mandate of the Council of State”.
Mr Speaker, even in terms of arrangement, the Council of State has been created in clause 1, accompanied by the composition of the Council of State in clause 4. So, clause 4 must move to become clauses 2 and 3 in terms of arrangement, so that it would follow the constitutional guide.
My concern is that in future and as we discuss wanting to deepen our constitutional jurisprudence, we should think of elevating this Council of State into the second Chamber of Parliament for Ghana. When I say second Chamber, this would be our best opportunity to move away from a unicameral legislature into an expanded bicameral legislature.
Alhaji Inusah Abdulai Bistav Fuseini (NDC -- Tamale Central) 1:58 p.m.
Mr Speaker, I think that it
is important that we rally together to pass this Council of State Bill into law. I say so because the Constitution provides the bare bones for the Council of State. There shall be a Council of State established under article 89. The Constitution is silent on how it should perform its duties, what facilities it requires and the offices that should be created.
In fact the Constitution says it is to counsel the President but it does not say at what intervals, times or periods. So Parliament then has the responsibility to provide for the gaps and make sure that the Council of State can perform the duties for which it has been established efficiently and effectively. One way is to establish a secretariat for it and appoint a Chief Executive who shall man the day to day administration of the secretariat and ensure that decisions of the Council of State are implemented.

As of today, there are temporary arrangements where staff are seconded to the Council of State and it must not be so. The intendment of this Bill, is to close the lacuna - the obvious shortcomings of the Constitution. That is why it is important for us to take it expeditiously and pass it into a law.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 1:58 p.m.
Mr Speaker, this Bill that has come to Parliament for consideration and passage, is long overdue.
As the Hon Member for Tamale Central, Alhaji Fuseini, indicated, the Council of State is intended under the Constitution to perform some very important functions especially, in the consideration of Bills.
Mr Speaker, with your permission, I beg to quote article 90 of the Constitution which provides:
“A bill which has been published in the Gazette or passed by Parliament shall be considered by the Council of Sate if the President so requests''.
Mr Speaker, however, in article 91 (3), it says and with your permission I beg quote.
“The Council of State may, upon request or on its own initiative, consider and make recommendations on any matter being considered or dealt with by the President, a Minister or State, Parliament…''
What this means is that contemporaneously as Parliament considers any Bill, they should also
consider it because where even the Bill has been passed by Parliament and the President refuses to accent it but refers it to the Council of State for their views, they ought to listen to us to know the conclusions that we drew and the provisions. If they do not listen to us, they would be in darkness.
So, any referral to them or any observation and conclusion that they also come to, perhaps would not have any relevance. It is the reason I have had some serious discussion with the present chairman of the Council of State. Any of the Bills that come to Parliament, I remit same to him so that the Council of State could consider them but they do not come with responses to us, which is something that is lacked. For this reason, I believe what has happened now even though a bit belated, is still relevant to fulfilling the imperatives of the Constitution.
Mr Speaker, the Hon Minority Leader raided to some discussion that I had with him this morning on the composition of the Council of State. I do not know what we may want to do with it because the composition in article 89 (2), provides that the Council of State shall have the following persons comprising the Council of State and one is, one person who has previously held the office of Chief Justice, Chief of
Defence Staff, Inspector-General of Police and the President of the National House of Chiefs. In article 89 (1) (c), it states, one representative from each of the regions.
We used to have 10 regions, which is why the President then appoints 11 other members and those 11 members -- the 10 reflected the number of regions. So, one each from the regions and then one by the President himself, which is the 11th person. Today, there are 16 regions, so what do we do? Do we still cling to the number 11? We cannot. We would have to increase that number from 11 to 17. However, fortunately for us, the entire provision on the Council of State is not entrenched so, Parliament could initiate the processes to amend it to increase the number to 17 to reflect the number of regions that we have.
Mr Speaker, we could in earnest begin with this except that with the more entrenched position, it would first have to be gazetted and we would have to wait for three months. If we have to do it now and wait for three months, it would enter into the next Parliament and certainly, it cannot be pursued. So, maybe, we could initiate the process and wait until the next dispensation but that would also require them to begin afresh because what we would start now cannot be
carried on by the next Parliament and that is the difficulty. However, it is something that we have to dialogue with the President on and I believe he has his own ideas that the number should increase to 17.
Mr Speaker, we should activate the Council of State. For now, they only operate behind the scenes and what work that they do, which should be germane to expanding the frontiers of our democracy and governance, is not known to anybody. In particular, in the consideration of Bills, they should be reinvigorated and repositioned to perform the function that is entrusted to them by the Constitution.
Mr Speaker, with these few words, I also support the proposal to pass this Bill. We should do it as fast as we possibly can.
Mr Speaker, I thank you.
Question put and Motion agreed to.
The Council of State Bill, 2020 accordingly read a Second time.
Mr First Deputy Speaker 1:58 p.m.
Hon Majority Leader, unless there is any other matter or announcement, I intend to adjourn the House.
Mr Kyei-Mensah-Bonsu 1:58 p.m.
Mr Speaker, the announcement is that from Tuesday, we should all endeavour to commence Sitting at 10.00 a.m. because there is a tall order of Business that we must discharge. -- [Interruption] -- I do not preside over this House -- [Laughter] -- I entreat all of us to come early so that we begin in earnest at 10.00 a.m. on Tuesday.
Mr Speaker, as I said I would want to renew my appeal to Hon Members of the winnowing committee to be very proactive because we would have to fall on them so that we would be able to facilitate the work of Parliament on the Bills.
Mr Speaker, from Tuesday, we would also have extended Sittings every day. The earliest time that we could close would be 6.00 p.m.
Mr First Deputy Speaker 1:58 p.m.
Is that an order or a suggestion?
Mr Kyei-Mensah-Bonsu 1:58 p.m.
Mr Speaker, it is a prayer.
Mr Iddrisu 1:58 p.m.
Mr Speaker, we are in your hands and as the Hon Majority Leader, if he makes provisions for extended Sitting, we are dry and clean with him.
Mr Speaker, on other matters as to the early Sittings, we have just killed the spirit of the Rt Hon Speaker, when he was enthusiastic with punctuality. So, all of us must be punctual and make sure that at least, we start Sitting by 10.30 a.m. or 11.00 a.m. When Sitting does not start by 10.00 a.m. and the Hon Majority Leader wants to extend it to 6.00 p.m., I may not be able to corporate. If he does not respect our time, he should not abuse it at the tail end.
Mr Speaker, I thank you.
ADJOURNMENT 1:58 p.m.
  • The House was adjourned at 2.08 p.m. till Tuesday, 20th October, 2020 at 10.00 a.m.