Debates of 20 Oct 2020

MR SPEAKER
PRAYERS 11:50 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:50 a.m.
Mr Speaker 11:50 a.m.
Hon Members, Correction of the Votes and Proceedings of Friday, 16th October,
2020.
Mr Speaker 11:50 a.m.
Hon Members, we also have the Official Report dated 9th October, 2020 for correction.
Mr Speaker 11:50 a.m.
Hon Members, at the commencement of Public Business, we shall take the item listed 4 -- Presentation of Papers by the Hon Minister for Defence.
Mr Osei Kyei-Mensah-Bonsu 11:50 a.m.
Mr Speaker, for the item listed as 4, I would crave your indulgence and that of my Hon Colleagues to enable the Hon Minister responsible for Communication to present the Paper on behalf of the Hon Minister for Defence.
PAPERS 11:50 a.m.
Alhaji Mohammed-Mubarak Muntaka 11:50 a.m.
Mr Speaker, the referral you just made should be to a Joint Committee of the Committee on Defence and Interior and the Committee on Foreign Affairs. If at least, you could even add the
leadership of the Committee on Foreign Affairs to the Committee on Defence and Interior because of the nature of the Agreement, it would do this House a lot of good.
Mr Speaker 11:50 a.m.
Leadership of the Committee on Foreign Affairs, what do you say to that? [Pause] Shall we add the leadership of the Committee on Foreign Affairs?

Referred to the Committee on Defence and Interior and the Leadership of the Committee on Foreign Affairs.
Mr Speaker noon
Item numbered 5, Motion by the Hon Minister for Education?
Mr Kyei-Mensah-Bonsu noon
Mr Speaker, if we could take item numbered 6 now; we would come back to item numbered 5.
Mr Speaker noon
Hon Members, item listed 6, Motion by the Hon Chairman of the Committee.
MOTIONS noon
Dr Mark Assibey-Yeboah noon
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 OeKB- Backed Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Commerzbank Aktiengesellschaft [with ECA premium support] for an amount of 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 may be moved today; and
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
Mr Kwame Governs Agbodza (NDC -- Adaklu) noon
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
MOTIONS noon
Chairman of Committee (Dr Mark Assibey-Yeboah) noon
Mr Speaker, I beg to move that this
Honourable House adopts 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 Commerzbank Aktiengesellschaft [with ECA premium support] for an amount of 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; and
That this honourable House adopts 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.
Mr Speaker, in so doing, I present your Committee's Report.
1.0 Introduction
i. 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 of 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; and
ii. 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 were presented to the House on
Thursday 18th October 2020 by the Honourable Deputy Minister for Sanitation and Water Resources
Mr. Patrick Yaw Boamah 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 Agreements were referred to the Committee on Finance for consideration and report.
The Committee subsequently met and discussed the Agreements with a Deputy Minister for Sanitation and Water Resources, Hon. Patrick Yaw Boamah, a Deputy Minister for Finance, Hon. Mrs. Abena Osei- Asare and a team of officials from the Ministry of Finance (MoF), Ministry of Sanitation and Water Resources (MS&WR) and the Ghana Water Company Limited (GWCL). 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 Hon. Deputy Ministers and the team of officials for attending upon the Committee.
Mr Kwame G. Agbodza (NDC -- Adaklu) noon
Mr Speaker, I beg to second the Motion moved by the Hon Chairman of the Committee on Finance and also make these few remarks of my own.
Mr Speaker, according to the document, the scope of the Project is

to address a 70,000 cubic metres water gap between what exists now, which is the 30,000 cubic metres daily production and the 100,000 cubic metres required. Mr Speaker, but the Hon Chairman of the Committee says the loan facility is €70 million and the commercial facility is €10 million. Normally, it is the responsibility of government to fund part of this. It appears because government is unable to find money to do this that is why they are borrowing the other €10 million to do this.

Mr Speaker, in the scope of works, you would notice that they are going to construct a raw water intake of 230,000 cubic metres per day. However, the treatment plant can only process 100,000 cubic metres. So, there will be a 130,000 cubic metres capacity available which would not be treated. I am not sure why the project is scoped this way unless there is a possibility of another phase that would process the other potential 130,000 cubic metres of water which is within the system.

Mr Speaker, the only thing that is not very clear is when we are told that by the year 2040 there would be increased demand due to the projected population increase which would require over 200,000 cubic metres.

When are we expected to address the shortfall? It is not clear in the Report.

Mr Speaker, however, on the whole, it is always good news if some parts of our country gets clean water. It is helpful as it reduces diseases and our budget on the treatment of patients; bad water is a means by which people contract diseases.

So, I have no hesitation to support this and the figures attributed to the different components of the project are not clearly justified but we are assured that there will be due diligence carried out in the form of value for money. Hopefully, a copy of the value for money report would make its way to the House to serve as guidance for us when we are approving similar facilities in the future.

Mr Speaker, with these few words, I beg to second the Motion and encourage Hon Colleagues to support it as well for the approval of the water project for the people of Sekondi-Takoradi.

Thank you very much for the opportunity.
Mr Speaker noon
Thank you very much, Hon Member. Yes, Hon Deputy Minority Leader?
Mr James Klutse Avedzi (NDC -- Ketu North) 12:10 p.m.
Mr Speaker, I beg to support the Motion that this Facility be approved for water supply to Sekondi-Takoradi and its environs.
Mr Speaker, if we consider the amount being sought, the original Facility is about €70.7 million and the commissioned Facility is about €10.5 million. If we put the two together, it will give us €81.33423 million. The contract sum itself is the total of €70 million and so, the difference which is €11.233 million is going into insurance premium.
If we spread the insurance premium over the value of the project which is €70 million, it will give us a whooping insurance rate of €16.047 per cent. If one is going in for a water supply project such as this and the premium - [Interruption] - I do not take the kind of risk involved such that the premium to be paid should give us 16 per cent.
So, the Ministries of Finance and that of the Works and Housing or Sanitation and Water Resources in going in for a facility as this should take note of the amount of premium being paid by this Government for a facility of this nature.
Mr Speaker, if one is going for a water supply project which is a social good and is paying a premium of 16 per cent, it is on the high side. So, the Ministry should take note. Recently, there was a premium of seven per cent paid when we took a facility from China but here we are approving a facility of a 16 per cent premium.
Also, one notices that the commercial component which should be the contribution of Government but since Government has no money, it has to go for a commercial loan at the interest rate of the Eurobond, that is plus 4.5 per cent per annum. So, this has become consistent over the period but it was not use to be like this.
When we are going in for a loan facility and the loan component is covering 85 per cent and Government signs on to a 15 per cent from the budget -- So, at this time, if Government consistently has to go and borrow on commercial terms for the 15 per cent, it gives an indication that all is not good.
Mr Speaker, so, this is also an area where I would like to draw the attention of the Ministry of Finance to the point that we can go in for a facility but we should consider the component of the premium we are paying for insurance as well as how we are going in for a commercial
Mr James Klutse Avedzi (NDC -- Ketu North) 12:10 p.m.


facility at a high interest rate in order to take care of the component that the Government hitherto, had to finance from the budget.

These are my concerns such that in future, we know how to handle such issues. Thank you very much.
Mr Speaker 12:10 p.m.
Majority Leadership, any comments?
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, thank you very much. I would also make a few observations about this Facility.
Mr Speaker, the delivery of potable water to the populations is one index of measuring the development in the country as it affects the population. So, if we are talking about improvement of human lives, this is one of the acid tests and to me, the delivery of potable water to our population is a good venture.
We are told that the demand as of now, but I do not know the period -- [Interruption] -- the calculations that they used relates to the year 2010. I do not know whether they are 2020 calculations but if it is the year 2010, it means that at the time the demand was about 100,000 cubic metres of treated water, the first of these facilities
that was built by the colonial administration was in the year 1928. What was the population at the time? That is what should inform us about the capacity of the new facility that we are building.
Mr Speaker, between the two facilities, one was built in the year 1928 and the other in 1969, where we were producing a capacity of about 45,000 cubic metres. Today, we are increasing it to 230,000 cubic metres and that is significant but it only represents about 400 per cent increase however the population growth is over 2,000 per cent. So, I am not too sure whether we are getting it right. However, the outfall from Pra River constitutes huge volumes and so, we could still expand the Facility.
Mr Speaker, my problem has to do with the quality of water in the Pra River and if we have to treat it and purge it of all these chemicals that the galamseyers are using to pollute those rivers, I am wondering at what cost we are going to do this.
It is a legitimate concern that we may have to address. When the Hon Minister for Trade and Industry in the previous Administration last came here to talk about reviving the Komenda Sugar Factory, I raised this matter on the floor of this House, that that
enterprise was not going to work. I insisted that we did not need to treat raw water to use it to irrigate the cane sugar plantations and we did not listen. Now, the Factory is sitting there and doing nothing. We cannot use the water in River Pra as it is now, to irrigate the cane sugar plantations because it is so contaminated.

Mr Speaker, we would have to fall on the polluted waters of River Pra and I wonder what we would do because it would be directly for human consumption. We really may have to look at the quality again. Otherwise, there would have to be a more determined effort to stop those who are polluting the waters in River Pra and River Offin .

These two rivers merge at a point before it continues downstream as River Pra into the sea. It is the area near where it enters the sea that they want to do the embankment by providing breakers so that the sea waters at high tide would not enter. Mr Speaker, but I am not too sure about the quality of the waters now.

Mr Speaker, just yesterday I travelled by road to Kumasi and when we got to Dadieso, which is the

boundary between the Eastern Region and the Ashanti Region, I realised that the headwaters in the River Pra are starting to be polluted because someone has started mining in the headwaters.

We should be careful and so I would strongly urge the Hon Minister for Sanitation and Water Resources to have a second look at this. As I have said, if we have to fall on River Pra then there must be a more determined effort to stop mining operations in both River Offin and River Pra so that the integrity of the waters could be attested to. Mr Speaker, other than that, I am afraid of this venture.

Mr Speaker, thank you very much.
Mr Speaker 12:20 p.m.
Very well.
Question put and Motions agreed to.
Mr Speaker 12:20 p.m.
We may now move the Resolutions.
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, the Hon Minister for Communications who stood in for the substantive Minister would assist to move the Resolutions.
RESOLUTIONS 12:20 p.m.
THIS HONOURABLE 12:20 p.m.
HOUSE HEREBY 12:20 p.m.
THIS HONOURABLE HOUSE 12:20 p.m.
HOUSE HEREBY RESOLVES 12:20 p.m.
Minority Leader (Mr Haruna Iddrisu) 12:20 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motions agreed to.
Resolved accordingly.
Mr Kyei-Mensah-Bonsu 12:20 p.m.
Mr Speaker, we can now go back to item numbered 5.
Mr Speaker 12:20 p.m.
Hon Members, item numbered 5.
BILLS -- SECOND READING 12:20 p.m.
Mr Speaker 12:20 p.m.
Any seconder?
Chairman of the Committee (Mr William A. Quaittoo) 12:20 p.m.
Mr Speaker, I beg to support the Motion ably moved by the Hon Deputy Minister for Education, and in doing so, I beg to present your Committee's Report.
1.0 Introduction
1.1 The Institute of Chartered Accountants, Ghana Bill, 2020 was presented to the House and read the first time on Tuesday, 6th October,
2020.
In accordance with Article 106 (4) and (5) of the 1992 Constitution of the Republic of Ghana and Order 186 of the Standing Orders of the House, the Rt. Hon Speaker referred the Bill to the Committee on Education for consideration and report.
1.2 The Committee on Education subsequently met and discussed the Bill. The Hon Minister for Education, Dr. Matthew Opoku Prempeh, officials from the Ministry of
Education, the Office of the Attorney- General and representatives of the Institute of Chartered Accountants, Ghana, were present to assist the Committee in its deliberations.
1.3 The Committee expresses its appreciation to the Hon. Minister for Education, officials from the Ministry of Education, the Office of the Attorney-General, and representa- tives of the Institute of Chartered Accountants, Ghana, for attending upon the Committee.
2.0 Reference Documents
The Committee referred to the following documents during its deliberations:
i. The 1992 Constitution of the Republic of Ghana.
ii. The Standing Orders of the Parliament of Ghana.
iii. The Chartered Accountants Act, 1963 (Act 170).
iv. The Professional Bodies Registration Decree, 1973
(N.R.C.D. 143).
v. The State Lands Act, 1962 (Act 125).
vi. The Internal Audit Agency Act, 2003 (Act 658).
APPENDIX 12:20 p.m.
PROPOSED AMENDMENTS 12:20 p.m.
Mr Peter Nortsu-Kotoe (NDC -- Akatsi North) 12:30 p.m.
Mr Speaker, I rise to support the Motion for the Second Reading of the Institute of Chartered Accountants, Ghana Bill, 2020, which was laid before the House a few weeks ago and referred to the Committee on Education.
Mr Speaker, the Bill is seeking to replace the current Act 170 of 1963, which was meant to regulate the practice of accountancy in the country. The current Act has a number of constraints that makes is difficult for a smooth running of the Institute of Chartered Accountants (ICA). Some of these administrative challenges resulted in court actions. So this Bill is seeking to ensure that these administrative bottlenecks are removed for a smooth running of the
ICA.
Mr Speaker, it is our hope that the objectives of the ICA as stated in paragraph 4 is to regulate the study of accounting and promote the accountancy profession in the country. We hope that if the Bill is passed, this would be adhered to, and this would also help to eliminate the number of challenges or differences that have erupted between members of the Institute.
Mr Speaker, the Bill has gone through a number of committee scrutiny, and if it is passed, it would go a long way to help the accountancy institution to be well organised and managed.
Mr Speaker, I once again support the Motion.
Mr James K. Avedzi (NDC -- Ketu North) 12:30 p.m.
Mr Speaker, I beg to support the Motion for the Second Reading being taken today.
Mr Speaker, if you look at the object of the Bill, basically, it is to regulate the study of accountancy in Ghana and to also promote the profession as well as its practise in Ghana; especially if you look at the profession which is a dynamic one and in terms of the content of what was passed in 1963 in Act 170.
Mr Speaker, I remember when I was a student in the earlier 1990s, the Act was more or less the Bible of every student. We studied it in order to pass examinations. That Act has run for the period from 1963 to 2020, and there is the need for an amendment in the passage of the new Act to regulate the profession.
Mr Speaker, from page 2 of the Report, under Background, the penultimate line says that in the passage of the Bill, the Institute of
Mr Speaker 12:40 p.m.
Thank you very much. Hon Majority Leader, any comment?
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I believe that you could put the Question.
Question put and Motion agreed to.
The Institute of Chartered Accountants, Ghana Bill, 2020 accordingly read a Second time.
Mr Speaker 12:40 p.m.
Hon Majority Leader, where do we go from here?
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, I would plead that we suspend Sitting for just 30 minutes and recline into a Committee of the Whole to discuss a pertinent matter and come back.
Mr Iddrisu 12:40 p.m.
Mr Speaker, the Leader, through the Clerk, mentioned to me an important issue that we need to consider as Members of Parliament.
So I do support that we recline to a Committee of the Whole after you have suspended the House for a while and then we can come back and consider other businesses he considers urgent for Government.
Thank you, Mr Speaker.
Mr Speaker 12:40 p.m.
Thank you very much.
Hon Members, the House is suspended accordingly for us to enter into Committee of the whole.

1.40 p.m. -- Sitting resumed.
Mr First Deputy Speaker 12:40 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, we could deal with some items on the Order Paper Addendum, and start with the item numbered --
Mr First Deputy Speaker 12:40 p.m.
Yes, Hon Minority Leader? [Interruption] -- You are all right with that. Is that right?
Very well.
Hon Members, we would move on to the Commencement of Public Business on the Order Paper Addendum, Presentation of Papers. We would take the item numbered 1 (i), by the Minister for Finance.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, the Hon Minister for Monitoring and Evaluation is here, and would hold the fort for the Minister for Finance.
Mr Avedzi 12:40 p.m.
Mr Speaker, I do not know that the Hon Minister for Monitoring and Evaluation is the acting Hon Minister for Finance. He has been doing this job on behalf of the Minister for Finance. Where is the
Minister for Finance and his three Hon Deputy Ministers? Why should the Hon Minister for Monitoring and Evaluation be here every day to do the work that the Minister of Finance should be doing?
Mr Speaker, the Ministry of Finance is not respecting the House at all. They have a Business to do in this House, they would not come, but ask somebody -- the Hon Minister for Monitoring and Evaluation has work to do in his office, but he is here every day to do the work of the Minister for Finance.
Mr First Deputy Speaker 12:40 p.m.
Hon Deputy Minority Leader, the Hon Minister for Monitoring and Evaluation first of all is here, and he does the work with the consent and permission of the Hon Speaker, often at the request of the Hon Majority Leader. He comes here for his own Business, first as an Hon Member of Parliament, and as an Hon Minister responsible for Monitoring and Evaluation.

The Hon Minister for Monitoring and Evaluation may proceed. Permission is granted for him to lay the Paper on behalf of the Minister for Finance.
PAPERS 12:40 p.m.
Mr First Deputy Speaker 12:40 p.m.
Hon Members, we would move on to the item numbered 2, Presentation and First Reading of Bills.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, for the item numbered 2 (a), we have the Hon Deputy Minister for Trade and Industry, who would present the Paper on behalf of the Hon Minister.
Mr Speaker, before he does that, there is a minor correction that I would want to effect. The title of the Bill is to read: “Ghana Enterprises
Mr First Deputy Speaker 12:40 p.m.
Very well.
Yes, Hon Deputy Minister for Trade and Industry?
Mr First Deputy Speaker 12:40 p.m.
Hon Members, the Leadership of the Committee on Constitutional, Legal and Parliamentary Affairs are directed
to work with the Committee on Trade and Industry in considering this Bill. We would now move on to the item numbered 2 (b).
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, the Hon Deputy Minister for Aviation is here, so, he would also handle the item numbered 2 (b).
Mr First Deputy Speaker 12:40 p.m.
Very well, Hon Deputy Minister for Aviation?
BILLS -- FIRST READING 12:40 p.m.
Mr First Deputy Speaker 12:40 p.m.
Hon Members, we would now move on to the item numbered 3.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, respectfully, we could go back to the regular Order Paper. [Pause]
Mr First Deputy Speaker 12:40 p.m.
Hon Majority Leader, I am waiting for you.
Mr Kyei-Mensah-Bonsu 12:40 p.m.
Mr Speaker, we could deal with the item numbered 12, which is on page 6 of the original Order Paper. When we are through, we could then come to the item numbered 13.
Mr First Deputy Speaker 12:40 p.m.
Very well.
Hon Members, we would move on to the item numbered 12, by the Chairman of the Committee.
Chairman of the Committee (Nana Amoakoh) 12:40 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Committee on 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 of seventy million euros (€70,000,000.00) to implement the Sekondi-Takoradi Water Supply Rehabilitation and Expansion Project may be moved today.
Mr First Deputy Speaker 12:40 p.m.
Hon Members, any seconder?
Mr Patrick Y. Boamah 12:40 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 12:40 p.m.
Hon Members, we would move on to the item numbered 13, by the Hon Chairman of the Committee.
MOTIONS 12:40 p.m.
Chairman of the Committee (Nana Amoakoh) 12:40 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the
Mr Andrew Kofi Agyapa Mercer (NPP -- Sekondi) 1:50 a.m.
Mr Speaker, I rise to second the Motion ably moved by the Chairman of the Committee. And in doing so, to proffer a few comments on same.
Mr Speaker, to say that this Facility and the Contract Agreement that is being considered has come at an opportune time, would be an understatement by obvious. Why do I say so? We are told per the Committee's Report that the Inchaban and Daboase Water Treatment plants
Alhaji Inusah Abdulai B. Fuseini (NDC -- Tamale Central) 1:50 a.m.
Mr Speaker, I rise to support the Motion on the floor of the House and to urge Hon Members of Parliament to vote to provide water for the Takoradi area.
Indeed, it is important that we continue with the health of the people. Water, they say, is life; good water promotes the health of people and so; when Government spends huge amounts of money investing in the water supply systems, it is investing in the health of the people because if the people drink unwholesome water, they may be exposing themselves to diseases and there is incurring cost for the Government by way of payment of hospital bills and others.
Mr Speaker, just this morning, we took the Loan Agreement, and the Loan Agreement actually, is more than seventy million Euros but this Report only captures seventy million Euros. I thought that the Report would have captured the entire amount of money to be used for the purposes of executing this project. The information in this Report is inaccurate as the project cost is more than seventy million Euros.
Mr Speaker, I also thought that your Committee could do a lot of work on the items that have been listed. We are told item 1 is preliminary and general items. Which are these preliminary and general items? They would take nine million Euros from the seventy million euros,
Mr James Klutse Avedzi (NDC -- Ketu North) 2 a.m.
Mr Speaker, I thank you for the opportunity to contribute to the Motion and urge that the House approves this Agreement.
Mr Speaker, however, the Hon Member for Tamale Central raised a very important issue which I think in future, we should look at critically that if the contract for the project is seventy million euros, and because we do not have money ourselves to build the project, we went for a loan facility to build the project. And there is a premium to pay for risk insurance which costs eleven million Euros making the total loan amount to be eighty-one million.

Mr Speaker, in capturing this as a property of Ghana, do we capture only the €70 million as the cost of the Project or we have to capture the insurance component also as part of the cost of the Project? Mr Speaker, that is exactly what we should do. If you borrow money to buy any property, the cost of the property together with the interest you are paying for the borrowed money becomes the cost of the project.

So, if we want to record in our books, in the asset records of Ghana, that we have this Project for the supply of water, it should not be captured as only €70 million. If it is captured as €70 million, where do we
Mr First Deputy Speaker 2 a.m.
Hon Deputy Minority Leader, kindly address me on the Report.
Mr Avedzi 2 a.m.
The President is going to commission a hospital in my constituency and I have not even been invited. So, if they are saying that the President is going to my constituency and for that matter, the Minister has followed the President - that is not her priority, it falls under the Ministry of Health. Her priority is to get this work which falls under her Ministry done. So, do not draw my attention to whatever we have in the Report.
Mr Speaker, I think that we should be serious with whatever we do in this House. Thank you.
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 2 a.m.
Mr Speaker, the Committee has submitted a Report to us on the provision of potable water for the Sekondi-Takoradi area. The Committee's Report has painstakingly listed the beneficiary communities, which to me is good, in order for us to know what we are doing, that is providing potable water for Takoradi, Effiakuma, Kwesimintsim, Kojokrom, West Tanokrom, Anaji, Sekondi, New Takoradi, Essikado, Apremdo, Kweikuma, Ntankoful,
Mr First Deputy Speaker 2 a.m.
Hon Majority Leader, what do you suggest? Either they make the corrections or we defer the consideration of the Report?
Yes, Chairman of the Committee?
Nana Amoakoh 2 a.m.
Mr Speaker, it is a two-phased project, so the phase 1 is 110,000 cubic litres and combined, we would have the 220,000 cubic litres.
Mr First Deputy Speaker 2 a.m.
Hon Chairman, we are talking about scope of works under paragraph 5.0 (a),
“a) Design and construction of a weir and intake structure complete with all ancillaries for 220,000m3/d to cater for the 2040 water demand. The civil works will be designed
and construction for 220,000m3/d while the electromechanical works will be installed for 110,000m3/ d in the phase-1.”
However, when you come to 5.0 (c), if you add 110,000 cubic litres to 100,000 cubic litres, you would not get the 220,000 cubic litres which is the total capacity unless we are combining different values. Hon Deputy Minister?
Mr Kyei-Mensah-Bonsu 2:10 p.m.
Mr Speaker, I would plead with us to approve of the Report but to request the Hon Chairman of the Committee to have a second look at it and then do what is needful and report back to us either tomorrow or a day after it.
Mr Avedzi 2:10 p.m.
Mr Speaker, we have copies of the Report, so if it is approved and the Hon Chairman goes to do the corrections, how do we get the corrections that would be effected? We can suspend the approval, so that he would step out and effect the correction then we could go ahead and approve it, so that we would also effect the corrections on our Reports. That would be better.
Mr Boamah 2:10 p.m.
Mr Speaker, we have always approved Reports subject to corrections. This is just a misnomer which does not affect the substance of it.
Alhaji I.A.B. Fuseini 2:10 p.m.
Mr Speaker, there is no jurisdiction to approve Reports subject to correction. I know that the Hon Majority Leader, invented one recently but there is nothing like that because when we approve while functos officio -- [Interruption] -- Yes, unless processes are brought back to bring back the Report.
To be consistent with parliamentary practice, the Hon Chairman should just step out -- probably, we have even misled it. They should step out and come back and tell us why they misled it or the reasons the corrections have been effected?
Mr Boamah 2:10 p.m.
Mr Speaker, I do not see any problem with the Report. First and foremost, we want to design a 220,000 cubic capacity system for 2020. The electrochemical works that would be done would be 110, 000 and water that would be produced out of that installation would be 100,000 - initially and for future production.
This is because it is the phase 1 of the system that we seek to put in place. Looking into the future, we have
taken into account what would be produced under phase 2, which has been stated correctly in the Report to be 220,000. That is the system and the design that we talked about and there is no problem with it.
Mr First Deputy Speaker 2:10 p.m.
The paragraph (c) --
Mr Boamah 2:10 p.m.
Mr Speaker, with the explanation of paragraph (c), we would produce water capacity of 100,000 but the design is 200,000 cubic metres a day.
Mr Avedzi 2:10 p.m.
Mr Speaker, in paragraph (a), there is a design and construction of 220,000 cubic capacity per day, so why is it different from paragraph (c)? Are they two different projects? They should be clear on that.
Mr Speaker, again there is a typographical error in line 3 in paragraph (d) on page 4. It says “future capacity of 200.00m/d''. I think it should be 200,000m/d.
Alhaji I.A.B. Fuseini 2:10 p.m.
Mr Speaker, the reconciliation is that presently the design and construction of the weir and intake structure complete with all accessories and ancillaries would be 220, 000 cubic
metres a day. That is what would be designed but what would be installed would be 100,000 cubic metres a day. So, it could be scaled up to 200,000 cubic metres a day.
Mr Avedzi 2:10 p.m.
Mr Speaker, I raised a typographical issue with regard to paragraph (d) in line 3 on page 4. Should it be 200,000 cubic metres per day or 200.00 cubic metres per day?
Nana Amoakoh 2:10 p.m.
Mr Speaker, it should read 200,000 cubic metres per day. It is a typographical error.
Mr Avedzi 2:10 p.m.
Mr Speaker, then it should be corrected.
Mr First Deputy Speaker 2:10 p.m.
Hon Chairman, can you effect the correction, so that the Report would be -- ?
Nana Amoakoh 2:10 p.m.
Mr Speaker, it should be 200,000 cubic metres per day and equipped for 100.00 metres per day.
Mr First Deputy Speaker 2:10 p.m.
Very well.
Mr Kyei-Mensah-Bonsu 2:10 p.m.
Mr Speaker, how much would the electromechanical works add on -- ? would it be 110,000 cubic metres or 100,000 cubic metres?
Mr Boamah 2:10 p.m.
Mr Speaker, it is 110,000 cubic metres.
Mr Kyei-Mensah-Bonsu 2:10 p.m.
Mr Speaker, if it is 110,000 cubic metres, then the figure in paragraph (c) is wrong. It should be 110,000 cubic metres.
Mr Quashigah 2:10 p.m.
Mr Speaker, what could give us a clear perspective, is for the Hon Chairman or the Hon Deputy Minister to tell us whether the paragraph (a), is a different design from the paragraph (c) because paragraph (a), talks about “design and construction of a weir and intake structure” and the paragraph (c), also talks about “design and construction of a new conventional water treatment plant”. We should know whether they are two different designs. One, is the structure and then the other is water --
Mr First Deputy Speaker 2:20 p.m.
They would build a tank that can take 200,000 cubic feet of water but they would produce 100,000 in this phase 1.
Mr Kyei-Mensah-Bonsu 2:20 p.m.
Mr Speaker, let us be consistent. We have approved of a financing agreement
Mr First Deputy Speaker 2:20 p.m.
Very well, Hon Members, the correction is effected.
Question put and Motion agreed to.
Mr First Deputy Speaker 2:20 p.m.
Hon Members, item numbered 14, Resolution by the Hon Deputy Minister.
RESOLUTIONS 2:20 p.m.
THIS HONOURABLE 2:20 p.m.
HOUSE HEREBY RESOLVE 2:20 p.m.
Chairman of the Committee (Nana Amoakoh) 2:20 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 2:20 p.m.
Yes, the Hon Member for Tamale Central? -- [Interruption] --
I thank you very much for drawing my attention.
Hon Members, having regard to the state of the Business in the House, I direct that the House Sits outside the regular Sitting hours.
Now, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 2:20 p.m.
Mr Speaker, we could deal with item numbered 3 on the Order Paper Addendum.
Mr First Deputy Speaker 2:20 p.m.
Hon Members, item numbered 3, the Council of State Bill, 2020 at the Consideration stage.

[ ALHAJI I.A.B. FUSEINI]BILLS -- CONSIDERATION
STAGE 2:20 p.m.
Mr Ben Abdallah Banda 2:20 p.m.
Mr Speaker, I beg to move, clause 1, delete and insert the following:
“The Council of State established in accordance with article 89 of the Constitution shall counsel the President in the performance of the functions of the President.”
Mr Speaker, this is just a rewording of the provision.
Mr Kyei-Mensah-Bonsu 2:20 p.m.
Mr Speaker, article 89 of the Constitution establishes the Council of State. If he says in this amendment that “the Council of State established in accordance with article 89…” it is made to appear as if it is this statute that is establishing the Council of State but it is being done in accordance with article 89. Article 89 already establishes the Council of State.
Mr Speaker, so, in my view, it should read with your permission;
“The Council of State established by article 89 of the
Constitution shall counsel the President in the performance of the functions of the President.”
It is already established by article 89 and not being established in accordance with article 89. [Interruption] -- Yes!
Mr Banda 2:20 p.m.
Mr Speaker, if you look at the rendition well, it says:
“The Council of State established”.
It is already established. This provision is not an establishment clause. It is only acknowledging the Council of State as already established in accordance with article 89 of the Constitution. But if we were to say, with your permission:
“This Act shall establish…” or “The Council of State shall be established by this Act” then the position of the Hon Majority Leader would be correct. So, the point is that the Council of State is already established and not the Council of State being established in accordance with this Act.
Alhaji I. A. B. Fuseini 2:20 p.m.
Mr Speaker, respectfully, the Council of State contemplated under article 89 is duly established by the various components. The Council of State is
not a structure like a house. It is established by components. So, if a Council of State is established not in accordance with article 89 of the Constitution, it cannot be called a Council of State. That is why in law, we say, something established in accordance.
It is a due process -- the processes that establish it must be complied with. That is why this provision is saying that the Council of State established in accordance; any other Council established not in accordance with article 89 of the Constitution cannot be called a Council of State.
Mr Speaker, if the President or the people of Ghana by omission fails, refuse or neglect to establish a Council of State in line with article 89 of the Constitution, it cannot be called a Council of State. That is what it is saying. So, it is not established by article 89 but in accordance with article 89. [Interruption] -- No!
Mr Speaker, the nomenclature should be very clear. It is not established by article 89 of the Constitution. It means that any Council of State -- [Interruption] -- No! It is in accordance -- So, we would have the composite parts.
Mr Speaker, when the law says that it must be in accordance, it means every step must be taken to fulfil the requirements in article 89. That is what it means. So, it must be established in accordance -- Eleven people must be appointed by the President; one person each must be elected from the Regions; there must be a Chief Justice -- It must be in accordance.
Mr First Deputy Speaker 2:30 p.m.
Hon Members, frankly, what are we quarrelling about? I am reading article
89 (1):
I am reading article 89(1):
“There shall be a Council of State to counsel the President on the performance of his functions”.
Does “there shall be” mean it has been established? So, if the Constitution established it, it would not say; “there shall be”. It says that take the appropriate steps to put it in place and at the time the Constitution came into being, it was not there but follow the appropriate steps to bring it into being. That is why it says: “there shall be”. This means that it is not there but it is now going to be created but must follow appropriate steps.
Mr Richard M. K. Quashigah 2:30 p.m.
Mr Speaker, I seek clarification on this; if the Constitution says; “there shall be” and spells out the parameters and the structure, what it therefore means is that anything outside that parameter or structure is in conflict with what is supposed to be done.
So, by that, can we therefore not say that it has already been put in place as to how it should be; meaning, it has been created already in that; what we do, is only the functional aspect of it to bring it to reality. However, in reality, the truth is that the Constitution has established for us what should be the Council of State and if we do anything beyond that it will be out of tune.
So, to say, ‘in accordance with' -- that is why I agree with the Hon Majority Leader. This means that we are doing it but in line with something which is also very different. In language, our understanding is very different but then as far as I know,
the Constitution is supposed to be the skeleton of all that we do and then the Acts that we formulate are the flesh added to it to give us the whole.
Therefore anything beyond the skeletal frame would not make one a normal human being anymore and that has already been established. All we need to do is to add flesh to it.
Mr Speaker, I believe that the Hon Majority Leader's formulation synchronises with what the Constitution requires of us.
Mr Kyei-Mensah-Bonsu 2:30 p.m.
Mr Speaker, I believe the available Hon Minority Leader is taking us somewhere that really should be very uncomfortable for us.
Mr Speaker, when the Constitution provides that “there shall be the office of the attorney-general” -- yes, the Constitution provides that: “There shall be a president” and the office of the President is crafted by the Constitution, otherwise when Chairman Rawlings handed over to himself as President Rawlings, was there an Act?
That office is established by the Constitution and that is why I am saying -- if we listen to what the available Hon Minority Leader has said, it will mean that we can create
several Councils of State provided that they shall be in accordance with the relevant article of the Constitution.
The Constitution envisages only one Council of State that is established by or under article 89. It is as simple as that. So, I disagree with the proposition from the Hon Fuseini representing Tamale Central Constituency.
Mr Speaker, I want to put on record that he is not speaking for the people of Tamale Central at this occassion.
I think that the rendition should be; “The Council of State established under article 89 of the Constitution” because it has already been established.
Mr Chireh 2:30 p.m.
Mr Speaker, this matter came up at the Committee level and I wanted to suggest that the way it has been formulated either at the beginning or in the amendment, it is not right but we have guidance.
This is because the Bank of Ghana (BoG), Electoral Commission (EC) and the National Commission for Civic Education (NCCE) are established by the Constitution and the Commissions that the Constitution itself said that they should formally be
established by a law so that within six months of their coming into force -- So, in the year 1993, a number of them were taken --
Mr Speaker, I said, let us look at the way the BoG has been established by the Act which we passed. It has a formulation and I cannot immediately relate to it but that recognises the fact that they already exist.
Now, enacting a law to formalise it on how it is captured is not -- we are not now going to establish it. No, it is not like that. It has to be' ‘As already established by the Constitution'
Mr Speaker, so, I still cannot see the -- but I know of the BoG, the NCCE and the EC. Even those days, how were they formulated that is, we ought to be establishing them.
Alhaji I.A.B. Fuseini 2:30 p.m.
Mr Speaker, this is a law making institution. When we find expressions in law or any legal document that is, something established ‘in accordance', it means that there is a requirement to comply with the requirement under that particular provision.
So, in exercise of our powers under -- there is a requirement that is vesting that power in us. When we are making regulations -- because we cannot spring up from nowhere. When
Mr First Deputy Speaker 2:30 p.m.
Very well.
Hon Members, I think we are not in disagreement as to which Council of State we are talking about. We all agree but the only challenge is, how to express it to capture what we know but the agreement is, whether we should use -- ‘established in accordance with' or ‘established by' or ‘established under'. If we use ‘under', it will capture the same thing.
Yes, Hon Majority Leader, move your motion to amend --
Mr Kyei-Mensah-Bonsu 2:30 p.m.
Mr Speaker, I beg to move that in line (1) delete “in accordance with” and insert “under”.
Mr Speaker, it will read 2:30 p.m.
“The Council of State established under article 89 …”
Question put and amendment agreed to.
Clause 1 as amended is ordered to stand part of the Bill.
Clause 2 -- Functions of the Council of State in respect of consideration of the Bill.
Mr Kyei-Mensah-Bonsu 2:30 p.m.
Mr Speaker, it is just the headnote. I thought it should rather read; ‘functions'.
Mr Chireh 2:40 p.m.
Mr Speaker, again, if we look at the Constitution, the first function is separated from the others.
So, I think that once we are now enacting a law, we should have said “functions“ and not go ahead to say “other functions“ so that the functions would be captured as spelt out.
In my view, the Hon Majority Leader is right when he says that it should be functions because it is not just the functioning of the President; they also examine laws, and so we should look at the Bill again. Clause 3 of the Bill states “Other functions of the Council of State”, but I think that
we should bring all together and capture it appropriately as we did in the case of the other institutions that were established by the Constitution.
Mr First Deputy Speaker 2:40 p.m.
Hon Chairman of the Committee?
Mr Banda 2:40 p.m.
Mr Speaker, I believe that if we look at the Functions of the Council of State critically, they are categorised into two and the first category is what relates to the consideration of Bills and that is what is captured under the first function. If we look at the other category of functions that is captured under Clause 3, that is counselling the President in respect of any appointment.
Mr Speaker, under Clause 3 that is how the Constitution captures it under article 91. The footnote of article 91 reads “Other Functions of the Council”. This is done in order to differentiate between the two distinct functions of the Council of State, that is, the consideration of Bills and counselling the President in respect of appointment. Although the two categories are functions, we are trying to differentiate the two as pertains in the Constitution.
Mr Rockson-Nelson E. K. Dafeamekpor 2:40 p.m.
Mr Speaker, my view on this matter is that we are looking at a particular function by the Council of State and in the course of carrying out that function, they perform several other roles and that is why they have been itemised in terms of chronology, duration and so on.
In my view, we are running into problems because of the use of “function” in the controlling headnote of clause 2 as well as the use of “function” in the controlling headnote of clause 3.
Mr Speaker, so I would suggest that instead of the use of “Function” in the headnote of clause 2, we should use the word “Role” to read ‘Role of the Council of State in respect of consideration of the Bills'. Then from clause 2(1) up to (5), it would itemise the kind of roles they play in considering a Bill even though it is a major function of the Council of State. Then the use of “Other functions” in the headnote of clause 3 would be better placed.
Mr Speaker, this is my humble opinion on this matter.
Mr First Deputy Speaker 2:40 p.m.
Available Hon Leader?
Mr First Deputy Speaker 2:40 p.m.
Very well.
Mr Shaibu Mahama 2:40 p.m.
Mr Speaker, I note that the two functions that we have looked at are picked directly from the Constitution. Article 90 is on consideration of Bills by the Council of State and article 91 is on the other functions of the Council.
Mr Speaker, we could do a sectional note that would read ‘Functions' and under that we would have two headnotes that would be plucked directly from the Constitution; articles 90 and 91. So,
the first headnote would be on the consideration of Bills by the Council of State and the second headnote would be on the other functions of the Council.
Mr Banda 2:40 p.m.
Mr Speaker, I agree with his proposal.
Mr First Deputy Speaker 2:40 p.m.
So, the proposal is to insert a sectional heading to read “Functions” and further insert a first headnote to read “Consideration of Bills by the Council of State” and the second headnote would read “Other Functions of the Council of State”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 2:40 p.m.
Mr Speaker, by way of further improvement, it is not only the consideration of Bills but the consideration of Bills in respect of sub clauses (1), (2), (3), (4) and (5) - Bills referred to the Council by the President. On their own, the Council can consider Bills and so it is not only the consideration of Bills under (1). It should be the consideration of Bills referred to the Council by the President.
Mr First Deputy Speaker 2:40 p.m.
The further amendment is to read ‘the consideration of Bills referred to the Council by the President'.
Question put and amendment agreed to.
Clause 3 -- Other Functions of the Council of State.
Mr Kyei-Mensah-Bonsu 2:40 p.m.
Mr Speaker, we have to do a little tidying up even though the constitutional purists perhaps may resist it -- [Laughter] --
Mr First Deputy Speaker 2:40 p.m.
I thought you were also a constitutional purist?.
Mr Kyei-Mensah-Bonsu 2:40 p.m.
Mr Speaker [Laughter], the penultimate line under (3) should read “consider the Bill and submit a report to the President'.
It would now read: ‘Consideration of the bill under subsection (1) shall be completed within 30 days after the third reading in Parliament of that bill except where the bill was passed under a certificate of urgency, the Council of State shall consider the bill and submit a report to the President within 72 hours'.
Mr First Deputy Speaker 2:40 p.m.
Hon Majority Leader, sorry, I was not following the discussion.
Alhaji I.A.B. Fuseini 2:50 p.m.
Mr Speaker, in clause 2(3), line 4, after “Bill and” insert “submit a”.
Mr Speaker, a report is a report, but this is further clarifying how the report should be done. Thus, to submit a report to the President.
Question put and amendment agreed to.
Mr Quashigah 2:50 p.m.
Mr Speaker, let us take a look at clause 2(3). It reads:

Thank you.
Mr Kyei-Mensah-Bonsu 2:50 p.m.
Mr Speaker, again, the same issue is on clause 2(4). It reads:
“Where the Council of State decides not to propose an amendment to a Bill…”
Which Bill? It should read “… a Bill referred to the Council by the President”. As I said, the Council of State on their own initiative or even on account of Parliament referring a Bill to them could consider a Bill. In this case, it is the Bill that is referred to them by the President.
Mr First Deputy Speaker 2:50 p.m.
It is the “so” which I have a problem with.
Mr Kyei-Mensah-Bonsu 2:50 p.m.
Mr Speaker, preferably, we can delete the “so”.
Mr First Deputy Speaker 2:50 p.m.
It should read:
“Where the Council of State decides not to propose an amendment to a Bill referred to the Council in accordance with subsection (1)”.
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Clause 3 -- Other functions of the Council of State
Mr Rockson-Nelson E. K. Dafeamekpor 2:50 p.m.
Mr Speaker, critically looking at clause 2(5) again, in line three, we are saying that the said Memorandum shall be transmitted by the Chairman. My problem is that this is a secretarial responsibility. So are we saying that in the absence of the Chairman, even the Registrar or the Executive Secretary cannot do that? In my opinion, we could simply say that it shall be transmitted to the President.
Mr First Deputy Speaker 2:50 p.m.
Hon Members, he is still dealing with clause 2. We moved to clause 3.
Mr Dafeamekpor 2:50 p.m.
Mr Speaker, I said that, in line 3 of clause 2(5), we are saying that the Memorandum setting forth the proposed amendment shall be transmitted by the Chairman of the Council. My difficulty is that we should be able to say that they should just transmit the Memorandum to the President so that an administrative staff could do that.
Mr First Deputy Speaker 2:50 p.m.
That is dangerous.
Mr Banda 2:50 p.m.
Mr Speaker, this is a constitutional language in article 90(4), and we cannot change it.
Mr Kyei-Mensah-Bonsu 2:50 p.m.
Mr Speaker, I submitted an amendment
to clause 4 which was incorporated but it was approved by us. It appears that in clause 5, we might have to do the same thing in line 2.
The Hon Attorney-General and Minister for Justice and I were having a short discussion. She indicated to me that because we have the headnote which we have amended to read “consideration of Bills referred to the Council by the President”, she thought that what I sought to add in clause 4 which was approved by us would not be necessary. If we do that, at clause 5, we would also have to do the same surgery in line 2 to read “a Bill referred to the Council under subsection (1)”
They are saying that perhaps, that may be adding too much to the constitutional language. She thinks that even though she understands the point I made, we should drop the amendment in clauses 4 and 5. The one in clause 5 has not been made, but she thinks that we should drop the amendment in clause 4 because of what we have done in the headnote which is “Consideration of Bills referred to the Council by the President”, the headnote in clause 2. She proposes that in that regard, it
can affect subclauses (1), (2), (3), (4) and (5) under clause 2. In the circumstance, perhaps, we might have to drop it.
Mr First Deputy Speaker 2:50 p.m.
Yes, Hon Member for Wa West?
Mr Chireh 2:50 p.m.
Mr Speaker, Hon S. Mahama made a suggestion when we were considering sectional headings, then we decided that we should now have clauses. We were dealing with one such clause.
If we finish with it, then there must be another clause because as the Hon Majority Leader is distinguishing it from the Constitution, for those other Bills that on their own which do not have sectional notes, we must consider clauses, and under each clause, the subclauses would then flow as we already have in the Bill. If we ignore the clauses and just deal with that sectional heading, we might not make progress.
Alhaji I.A.B. Fuseini 2:50 p.m.
Mr Speaker, the Hon Leader was right except that this is one of the flaws of the Constitution. It is one of the things the Constitution did not address because clause 3 refers to a particular Bill. Clause 3 says “consideration of a Bill under subsection (1)``. This is subsection (1) of a particular Bill, and it continues to clause 4, which reads:
Alhaji I.A.B. Fuseini 2:50 p.m.


“Where the Council of State decides not to propose an amendment to a Bill referred to the Council in accordance with subsection (1)”.

It is the Constitution that makes the mistake of putting a Bill as if it is introducing a new Bill. In clause 5, they tried to correct it by saying “the Bill”.

If we want to bring clarity to it, we would say:

“Where the Council of State decides not to propose an amendment to a Bill referred to the Council in accordance with subsection (1)”.

It would be repetitive, but that is the way to do it because clause 4 as it is, refers to any Bill. But we are referring to the Bill referred to the Council of State under subsection 1 by the President.
Mr Banda 3 p.m.
Mr Speaker, I believe that under article 90 of the Constitution, where this provision is taken from, it makes reference to just one Bill -- the Bill which is referred to the Council of State by the President.

we can simply delete the indefinite article and substitute same with the definite article without necessarily adding “as referred to” and that would still resolve the bout.

So Mr Speaker, I want to propose that subclause 4 should read:

“Where the Council of State decides not to propose an amendment to the Bill, the Chairman shall within seven days after the decision of the Council of State transmit that Bill with the certificate to that effect addressed to the President.”

Question put and amendment agreed to.
Mr Chireh 3 p.m.
Mr Speaker, the way we are doing it, I would have suggested that having all the issues that we have raised, we should suspend the consideration of this Bill and we would go and establish the Council. When we do so, we do not leave anything out as prescribed in the Constitution.
But it would order the things. In that way, first of all, if we want to even say “establishment”, it is the first sectional note, then we come to functions, which is the sectional note, then we make sure that each function
is listed as a clause with subclauses and properly delegated so that at the end of it all, we would have a new establishment of the Council and not derogating from the Constitution.
But lifting it from the Constitution into a Bill, the way we are doing it, would distort a few things. We would labour in vain because at the end, what we are capturing cannot be erased easily. I would have preferred that we do so.
Mr Quashigah 3 p.m.
Mr Speaker, I agree with Hon Chireh on that score. This is because for instance, the Chairman keeps making reference to the language of the Constitution but then again, if you look at subclause 4, they keep repeating “Council of State” in one short sentence, we have: “When the Council of State decides not to propose an amendment to the Bill, the Chairman shall be given seven days after the decision of the Council of State …”
Mr Speaker, in that Bill, can we not even say 3 p.m.
“the decision of the Council…” This is because even if we look at the Constitution itself, at some point, it makes reference to even the Council. In other situations, it talks about the Council of State. So I think that there should be some re- engineering of this Bill. Mr Speaker,
even though I am not a lawyer, in my layman's perspective and my understanding of language, I think that there would be the need for some tightening up to be done so that there would be clarity.
Thank you, Mr Speaker.
Mr First Deputy Speaker 3 p.m.
I was putting the Question on clause 2. After the amendments, let me do that now.
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 3 p.m.
I called for clause 3, do you wish to continue or you want to consider suspending it?
Hon Majority Leader, your team members want you to suspend and go and consider it. Do you want us to consider it now?
Mr Kyei-Mensah-Bonsu 3 p.m.
Mr Speaker, I believe we can go on. If we reach any boulders and we have to perhaps recline, then we do so. But for now, I believe we can go on.
Clause 3 ordered to stand part of the Bill.
Clause 4 -- Composition of the Council of State
Mr Banda 3 p.m.
Mr Speaker, there is no advertised amendment in the Order Paper but I would like to propose some amendment to it.
Mr Kyei-Mensah-Bonsu 3 p.m.
Mr Speaker, clause 3(2):
“The advice referred to in subsection 1 shall be given not later than 30 days after the receipt of the request from the President or any other authority” not “… other authority”.
Mr First Deputy Speaker 3 p.m.
Can any other authority ask the Council of State for advice?
Mr Kyei-Mensah-Bonsu 3 p.m.
Yes, Mr Speaker; Parliament for instance.
Mr First Deputy Speaker 3 p.m.
Parliament is “other authority” but “any other authority” is too wide.
Mr Kyei-Mensah-Bonsu 3 p.m.
Mr Speaker, the other authority is not mentioned in article 91. Mr Speaker, to be consistent, article 91(1) provides:
“The Council of State shall consider and advise the President or any other authority
…”
Mr Speaker, that is the language of the Constitution. Mr Speaker, when we come to article 91(2), the
“any” is missing. We have “or other authority”. It is a typographical mistake.
Alhaji I.A.B. Fuseini 3 p.m.
Mr Speaker, the Hon Majority Leader it is a typo - I agree. This is because in drafting, the Council of State -- in article 91(2), the President is an authority. So apart from the President, we are talking about any other authority. [Interruption] -- Even the article 91(2) should read: “… any other authority.” We do not know what is “other authority”.
Mr First Deputy Speaker 3 p.m.
There are only two other authorities. The Legislature and the Judiciary. Even when it comes to legislation, it is Legislature. Maybe in judicial decisions, they may refer to them a question of interpretation of a custom. That is all legislative. So the only other authority is Parliament.
Alhaji I.A.B. Fuseini 3 p.m.
Mr Speaker, in the same provision, article 91(1), the same formulation:
“… advise the President or any other authority…”
Mr Speaker, it is the same Constitution, the same provision, and the same clause. In the next clause, we are saying that the word “other”
is not important. Did we say that they intended something different? Or, is it an omission?
Mr First Deputy Speaker 3:10 p.m.
We should leave it as it is. If it is an error, then there is a body responsible for interpretation.
Hon Members, we are therefore on clause 3. Is that right? Have I put the Question on clause 3 already? All right, we are now on clause 4.
Yes, Hon Chairman, you were moving your -- ?
Mr Banda 3:10 p.m.
Mr Speaker, I said that in the Order Paper Addendum, there was no proposed amendment under clause 4, but I would like to propose one. In respect of clause 4(3), it is supposed to read:
“A member of the Council of State shall, at the first meeting of the Council of State which is the member attends, take and subscribe the official oath and the oath of secrecy as set out in the Schedule.”
Mr First Deputy Speaker 3:10 p.m.
So, we should insert “official oath and…”
after the definite article “the” in line two or the beginning of line 3. Is that the proposal?
Question proposed.
Mr Ahiafor 3:10 p.m.
Mr Speaker, referring to the amendment being proposed by my Hon Chairman, I have quickly taken a look at the Schedule to see whether there is the phrase “official oath” in the Schedule, but there is none. What the Schedule makes provision for, is the “oath of secrecy and the oath of a member of the Council of State”. Therefore, I think that we may stick to that.
Mr Banda 3:10 p.m.
Mr Speaker, I have just looked at the Constitution, and this is the constitutional language, so, we cannot do anything about it. I therefore, hereby drop my proposed amendment.
Alhaji I.A.B. Fuseini 3:10 p.m.
Mr Speaker, the oath of secrecy is on page 208 of the Constitution. The next is “official oath”, but there is nothing like an “oath of a member of Council of State.”
Mr First Deputy Speaker 3:10 p.m.
That is the office. So, it is the same as the official oath.
Alhaji I.A.B. Fuseini 3:10 p.m.
So, the amendment is proper to the effect by saying that we do the oath of secrecy and the official oath, or oath of office.
Mr First Deputy Speaker 3:10 p.m.
In that case, you would remove the “oath of Council of State” and substitute it with “oath of office”.
Alhaji I.A.B. Fuseini 3:10 p.m.
Article 89 (4) of the Constitution reads: “…Oath of a member of the Council of State set out in the Second Schedule”. There is no “oath of member of Council of State”. It is not there in the Constitution; or, has anybody seen it?
Mr Banda 3:10 p.m.
Mr Speaker, he just reproduced article 89(4) of the Constitution, and it reads:
“A member of the Council of State shall, at the first meeting of the Council which he attends, take and subscribe the oath of secrecy and the oath of a member of the Council of State set out in the Second Schedule to this Constitution.”
Mr Speaker, therefore, we would want to maintain - or, there is another way of putting the rendition, and with your permission, I would read. It says:
“A member of the Council of State shall, at the first meeting of the Council of State which
the member attends, take and subscribe the oaths as set out in the Schedule in the Constitution.”
Mr Speaker, therefore, we may either maintain the exact language as it finds expression in article 89(4), or, the proposed amendment that I am giving to the House.
Mr First Deputy Speaker 3:10 p.m.
Hon Chairman, which one do you prefer? You are the one shepherding the Bill. [Interruption] -- [Pause] --
Mr Banda 3:10 p.m.
Mr Speaker, I would take it up again. It reads:
“A member of the Council of State shall, at the first meeting of the Council of State which the member attends, take and subscribe the oath of secrecy and the oath of a member of the Council as set out in the Second Schedule”.
Mr First Deputy Speaker 3:10 p.m.
Article 89(4) reads: “A member of the Council of State shall, at the first meeting of the Council…”, but in the Bill it reads: “…First meeting of the Council of State…” Is that right? It then continues: “…Which the member attends, take and subscribe the oath of secrecy and the oath of a member of the Council of State…”
Hon Chairman, we should therefore, just repeat the words of the Constitution. Changing it left and right may generate - [Interruption] - The language of the Constitution reads: “Second Schedule to this Constitution.” To be sure, we should just repeat what is in the Constitution. Hon Chairman, that is my suggestion, but I do not know how you would go with it.
Mr Banda 3:10 p.m.
Mr Speaker, I gave two proposals. I said we could either maintain what is in the Constitution or what they are proposing now. So, I would want to propose that we take what is in the Bill, but with the addition of the phrase “Second Schedule” and “of the Constitution.” So, it would read: “In the Second Schedule of the Constitution.”
Mr Iddrisu 3:10 p.m.
Mr Speaker, the Hon Chairman should take guidance from you. What I did first of all, was to go to forms of oath under the Constitution, just like you guided the Hon Chairman. In the Constitution, we have “Second Schedule”, “oath of secrecy” and “oath of a Council of a member of State.”
So, I think that we should just maintain what is in the Constitution, except that if we maintain the words in the Constitution, then what I would
also provide would be redundant. I would want to propose that it be captured as “before the first meeting”, not “at the first meeting.” So, before the first meeting, the person would subscribe to the oath…”
Mr First Deputy Speaker 3:10 p.m.
The Constitution says “at the first meeting that a member attends.”
Mr Iddrisu 3:10 p.m.
However, if the Constitution was to be done properly -- in actual fact, the thinking is before the meeting, and that is why in Parliament before even a person becomes an Hon Member of Parliament, he swears an oath. The word “before” would have been better.
Mr First Deputy Speaker 3:10 p.m.
But there is a meeting of Members of Parliament called, so, it is at that meeting that one swears the oath. Let us stay within the Constitution. We should repeat what the Constitution says, just to be sure. All other controversies should be put aside first.
Yes, Hon Chairman, kindly shepherd us to it.
Mr Banda 3:10 p.m.
Mr Speaker, I therefore abandon the amendment and urge the Clerks-at- the-Table to capture article 89(4) of the Constitution.
Mr First Deputy Speaker 3:10 p.m.
Very well, I will put the Question on clause
4.
Clause 4 as amended, ordered to stand part of Bill.
Clause 5 -- Tenure of office of the Members of the Council of State.
Mr Banda 3:10 p.m.
Mr Speaker, I beg to move, clause 5, subclause (2), line 1, delete “revoke” and insert “terminate”.
That is the appropriate word used in the Constitution.
Question put and amend agreed to.
Mr Banda 3:10 p.m.
Mr Speaker, we have inserted a novel provision in clause 5, which is captured under subclause (4). This provision is not the Constitution; it is being proposed by us. Mr Speaker, you would realise that under the Constitution, there are some persons who are appointed under that clause 89(1) and others who are elected.
The effect of subclause (4) is to give the President the power where there is a vacancy, to appoint a person to fill the vacancy, it does not matter the
process that the person used to get to the Council of State, and we think that is wrong because when the person is elected, and for instance the person dies, the President does not have a power to appoint.
The filling of the vacancy should go through the process through which the person who died got to the Council of State. If the person was appointed by the President and a vacancy is created through death or termination of appointment, then, the President would not have the power to appoint so; we went to tweak subclause (4).
Mr Speaker, let me read 3:10 p.m.
“Where there is a vacancy under subsection (2) of section (3) or subsection (2) of section 7, or (b) by the reason of the death of a member, the vacancy shall be filled in accordance with article 89 (2) of the Constitution”.
Mr First Deputy Speaker 3:10 p.m.
Is that an amendment to clause 4 (b)?
Mr Banda 3:10 p.m.
Yes, it is an amendment in clause 4.
Mr First Deputy Speaker 3:10 p.m.
Very well.
Mr Kyei-Mensah-Bonsu 3:10 p.m.
Mr Speaker, clause 5 is the tenure of
office of Members of the Council of State, and subclause (1) begins:
“Subject to subsections 2 and 3, a member of the Council of State shall hold office until the end of term of the office of the President”.
Then, we come to (ii), it says:
“A person may resign from office in writing same by that person addressed to the President”.
The other one is the President setting in to revoke the membership of a person on account of stated misbehaviour. I thought that the rendition in the Constitution is the most appropriate. It says:
“A member of the Council of State shall hold office until the end of the term of the office of the President unless—
(a)that member resigns by writing signed by him and addressed to the President; or
(b) becomes permanently incapacitated; or
(c) is removed from office or dies”.
Mr Speaker, that is what is stated, but when we come to what is in clause 9(3), which is on the revocation of a member's membership, then, we can go to what obtains in 89(6) of the Constitution but it looks like we are losing out on the language which is
89 (5).
To me, it is most appropriate and we can capture same in clause 5 instead of trying to break construction down to 1 and 2 and running into headways.
Mr Iddrisu 3:10 p.m.
Mr Speaker, I support the Majority Leader. Our work is made easier for us. The Constitution, in article 89, has some elaborate provisions as to the intendment of the framers of the Constitution on what they want to do with the Council of State so; we should just lift article 89(5) as in the Constitution which deals with a member resigning; how the resignation is done: permanently incapacitated as observed by the Majority Leader and removed from office or the person dies.
We do not need to bring in our own language because we cannot be seeking to use this Act to amend the very words used in the Constitution. Even if they were inappropriate, we do not have the power to do so.
Mr First Deputy Speaker 3:10 p.m.
Hon Members, I will suspend Sitting for five minutes.
3.27 p.m. -- Sitting suspended
3.31 p.m. -- Sitting resumed
Mr First Deputy Speaker 3:10 p.m.
Hon Chairman, what is the way forward?
Mr Banda 3:10 p.m.
Mr Speaker, under clause 5 of the Bill, we will reproduce Article 89 (5) of the Constitution, except that we would add a novel provision on filling of vacancies in case any of the events enumerated under Article 89 (5) occurs which is being brought under subclause 4 in the Bill.
I gave a rendition which has not been agreed on and for the avoidance of doubt, I would like to repeat the rendition to the understanding of Hon Members present.
Mr Speaker, subclause 4 reads 3:10 p.m.
Mr Chireh 3:10 p.m.
Mr Speaker, the thing is very simply done, then he tried to explain it even though there is no need for an explanation. If there is a gap, from what was provided in the
Constitution, we now have to use what he has moved. So, he should just move that Motion, that if a vacancy occurs, it should be filled in accordance with Article 89.
Mr First Deputy Speaker 3:10 p.m.
That is the only amendment --
Mr Chireh 3:10 p.m.
He was trying to explain who dies, who is appointed among others which are not necessary.
Mr First Deputy Speaker 3:10 p.m.
[Laughter]You understood it already, so the explanation was not necessary for you.
The proposal is that a vacancy should be filled by the same means by which the person who has ceased to be a member, became a member. Is that right?
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 3:10 p.m.
Mr Speaker, for the avoidance of doubt, what we have done in clause 5 (1) and (2) is to capture the language of Article 89 (5). So, that would take care of subclauses 1 and 2. I believe subclause 3 also needs a little bit of
tidying up because what is captured here is a bit opaque. With respect to the Chairman of the Committee, what is here provides:
“The President may revoke the appointment of a member of the Council of State on the grounds of stated misbehaviour or of inability to perform the functions of that member arising from infirmity of body or mind, and with the prior approval of Parliament.”
Mr Speaker, that captures in essence, what is in article 89 (6). I thought that we could break it down a bit. I do not know whether it would alter the meaning, otherwise we could say, “The President may revoke the appointment” instead of “terminate the appointment”. I do not know what we intend to have?. The language in the Constitution is “terminate”, so are we going by that or going by what has been done here?
Mr First Deputy Speaker 3:10 p.m.
It has been amended already, so return it to “terminate”.
Mr Kyei-Mensah-Bonsu 3:10 p.m.
So, “to terminate the appointment of a member of the Council of State on the grounds of stated misbehaviour or of inability to perform the functions of
Mr Banda 3:40 p.m.
Mr Speaker, I beg to move, clause 6, subclause (3), line 1 and 2, delete “sixteen members” and insert “one half of the members of the Council of State”.
Question put and amendment agreed to.
Clause 6 as amended ordered to stand part of the Bill.
Clause 7 -- Disclosure of interest
Clause 7 -- Disclosure of interest
Mr Banda 3:40 p.m.
Mr Speaker, I beg to move, clause 7, subclause 2, line 2, delete “revoke'' and insert “terminate''.
Mr Speaker, that is the word used in the Constitution.
Question put and amendment agreed to.
Mr Banda 3:40 p.m.
Mr Speaker, I beg to move clause 7, subclause 3, line 4, delete “revocation'' and insert “termination'',
Question put and amendment agreed to.
Clause 7 as amended ordered to stand part of the Bill.
Clause 8 -- Appointment of committees
Mr Banda 3:40 p.m.
Mr Speaker, under this clause, we want to insert an establishment position.
Mr Speaker, I beg to move, add the following new clause before clause
10:
“Establishment of Secretariat for the Council of State
11. There is established by this Act a Secretariat for the Council of State''
Mr First Deputy Speaker 3:40 p.m.
Hon Chairman, what you were supposed to move in clause 8, was: “subclause 2, line 2, before “Council'', insert “the''.
Mr Banda 3:40 p.m.
Mr Speaker, I beg to move, clause 8, subclause 2, line 2, before “Council'' insert “the''.
Question put and amendment agreed to
Clause 8 as amended ordered to stand part of the Bill
Mr Kyei-Mensah-Bonsu 3:40 p.m.
Mr Speaker, respectfully, we have now developed a common template for the “disclosure of interest'', so if we could look at it for purposes of consistency, so that we see how to appropriately capture clause 7. The Hon Chairman, could link up with the draftspersons to effect the change so that we would be consistent.
Mr First Deputy Speaker 3:40 p.m.
The Hon Chairman could do what?
Mr First Deputy Speaker 3:40 p.m.
Hon Chairman, should we suspend the consideration of clause 7?
Mr Banda 3:40 p.m.
No, Mr Speaker. There is a template that we use in respect of the provision under “disclosure of interest''. So if you could respectfully, urge the draftspersons to use that template to draft same in respect of clause 7 which deals with “disclosure of interest''.
Mr First Deputy Speaker 3:40 p.m.
Very well.
I direct the draftspersons to redraft clause 7, in terms of the standard adopted by the House.
Clause 9 ordered to stand part of the Bill.
Mr First Deputy Speaker 3:40 p.m.
Hon Chairman, should the new clause come before clause 10 or clause 11?
Mr First Deputy Speaker 3:40 p.m.
Very well.
Hon Chairman, you may move your new clause?.
Mr Banda 3:40 p.m.
Mr Speaker, I beg to move, add the following new clause before clause 10:
“Establishment of Secretariat for the Council of State
11. There is established by this Act a Secretariat for the Council of State''
Alhaji Muntaka 3:40 p.m.
Mr Speaker, I am worried about this proposed amendment. The Hon Member for Wa West, Mr Yieleh Chireh drew my
Mr First Deputy Speaker 3:40 p.m.
He wanted to seek an explanation from the Hon Chairman and not an Hon Member of the Committee.
Hon Chairman, how come one of your major reasons is not provided for in the main Bill?
Mr Banda 3:40 p.m.
Mr Speaker, in paragraph 3 of the Memorandum that accompanied the Bill, it says and I quote with permission:
“Despite the establishment of the Council of State by the Constitution, the Constitution does not provide for the establishment of a Secretariat to provide professional and administrative support for the effective and efficient delivery and the mandate of the Council of State''
Mr Speaker, the main focus and objective of this Bill is to establish a secretariat for the effective and efficient functioning of the Council of State. However, the establishment of the Council of State has already been established in the Constitution.
Secondly, before we come to the appointment of the executive secretary, we need to have an establishment provision, which establishes a Secretariat for the Council of State.
Mr First Deputy Speaker 3:40 p.m.
I agree with you, so why did you not put it in the original Bill?
Mr Banda 3:40 p.m.
Mr Speaker, we did not draftpersons the Bill. [Laughter.] This is not something that this House is seized with the mandate and the power to do.
Mr First Deputy Speaker 3:40 p.m.
The drafters overlooked that. It is an oversight which was not provided for in the Bill, so it has been introduced. Hon Minority Chief Whip, is that satisfactory?
Alhaji Muntaka 3:50 p.m.
Mr Speaker, it is difficult for me to accept it because I expected the Hon Attorney-General and Minister for Justice, to say what you just said. There could be an executive secretary without having a secretariat. My worry is, we should be careful.
If we listened to a number of persons that have had the opportunity to serve as Council of State members, there is this push to create a second
chamber. Our Constitution does not envisage that and we could see a push gradually to create all the structures to pave way for a possible second chamber, which I am vehemently against. We are a united State and because our country is small, we do not need a second chamber. So, if in our own amendment we want to enable the possibility of Council of State to turn into a second chamber, we should be careful.
I believe that if it is about an Executive Secretary to run it, we do not necessarily need a secretariat. It is the Executive Secretary whom we would have to appoint and he would have his small office that we would use as the clauses themselves envisage to support the administration of the Council of State.
Mr Speaker, the moment we start talking about establishing a Secretariat, then, all the complements that go with it comes in. If we are not careful -- I am sure the Hon Majority Leader would tell you that there were times that they wrote to us officially and wanted to be using our Committee rooms and we said no, because this is Parliament of Ghana and it is not an appendage of the
Executive so they should stay away even though we did not put it exactly as I have done. The leadership met and resolved that we were not going to allow them to encumber --
Mr Speaker, the attempt to create a second chamber is in 70 per cent of almost all the persons who have served there.
Mr First Deputy Speaker 3:50 p.m.
Until the Constitution is amended whatever they would do is in the periphery.
Alhaji Muntaka 3:50 p.m.
Mr Speaker, I believe that the Executive Secretary establishing that office, as this Act envisages, would do the work.
Mr First Deputy Speaker 3:50 p.m.
Hon Minority Chief Whip, if you are opposed to it, you can argue or vote against it but --
Yes, Hon Attorney-General and Minister for Justice?
Ms Gloria Akuffo 3:50 p.m.
Mr Speaker, I would want to allay the fears of the Hon Member who just spoke about the establishment of a second chamber of Parliament. That truly is not the intendment of this piece of legislation. The intendment is clearly stated in the explanatory memorandum.
Mr First Deputy Speaker 3:50 p.m.
Very well.
Now, let us discuss the proposed amendment.
Yes?
Alhaji I. A. B. Fuseini 3:50 p.m.
Mr Speaker, when we took the Second Reading of this Bill, we indicated in this House that the Constitution appears to create the bare bones of the Council of State. This Bill is intended to flesh it up.
They are performing functions but they have no Secretariat to do that. The drafting unit knows that there is a Secretariat at the Council of State, so, it presumed the existence of the Secretariat and it went ahead to provide for the appointment of an Executive Secretary.
Mr Speaker, during the Consideration Stage, we thought and rightly so, that we needed to create the Secretariat before we appointed the Executive Secretary. That is why there is that major amendment.
Question put and amendment agreed to.
New clause as amended ordered to stand part of the Bill.
Clause 10 -- Appointment of an Executive Secretary
Mr Banda 3:50 p.m.
Mr Speaker, I beg to move, clause 10, subclause (1), line 2, delete “for the Council of State” and insert “who shall be the head of the Secretariat”.
Mr Speaker, it will read 3:50 p.m.
“The President shall in accordance with article 195 of the Constitution appoint an Executive Secretary who shall be the head of the Secretariat.”
Mr Kyei-Mensah-Bonsu 3:50 p.m.
Mr Speaker, I agree with the insertion by the Chairman of the Committee of this phrase which goes “who shall be the head of the Secretariat” but we should not delete “Council of State”. I thought he was going to rather delete the word “for” in line 2 and insert what he has put there and then he goes on to include the words “Council of State” so that it would read:
“The President shall in accordance with article 195 of the Constitution appoint an Executive Secretary who shall be the head of the Secretariat of the Council of State.”
Mr Speaker, for the avoidance of doubt that is how it should read.
Mr First Deputy Speaker 3:50 p.m.
Very well.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Clause 11 -- Functions of Executive Secretary
Mr Banda 3:50 p.m.
Mr Speaker, I beg to move, clause 11, subclause (1), paragraph (a), line 2, delete “Council of State” and insert Secretariat”. So, it will read:
“The Executive Secretary is responsible for the day to day administration of the Secretariat.”
But not “of the Council of State”.
Question put and amendment agreed to.
Mr Banda 3:50 p.m.
Mr Speaker, I beg to move, clause 11, subclause (3), line 1, after “officer”, insert “appointed under section 12”.
This is just to make it abundantly clear which officer is being referred to.
Mr Kyei-Mensah-Bonsu 3:50 p.m.
Mr Speaker, just to indicate that because of the insertion that we have done, the section 12 may not necessarily be numbered as section 12 because we have introduced another new clause before clause 10 and now we have clause 11; so clause 11 will be clause 12. So the clause 12 that we are talking about really may lead to a new clause 13 but let us leave that to the draftspersons for they know the chronology. Once we insist on section 12, we may find some difficulty.
Mr First Deputy Speaker 3:50 p.m.
Very well. Once we adopt it, I would direct the draftspersons to do the appropriate cross-referencing.
Mr Shaibu Mahama 3:50 p.m.
Mr Speaker, there ought to be an advertised amendment and it is even in the Report of the Committee. So, I suggest to the Chairman that he ought to get up and propose the advertised amendments.
Mr First Deputy Speaker 3:50 p.m.
Hon Member, you are on your feet now, so, move the advertised amendment.
Mr Shaibu Mahama 3:50 p.m.
Mr Speaker, I beg to move, paragraphs (b) delete “grants and donations” and in paragraph (c), delete “bequests”.
Mr Speaker, may I refer you to paragraph 7.2 3:50 p.m.
Funding of the Council of State in your Report?:
The Committee also noted that the Bill makes provision for the funding of activities for the Council of State. As proposed, the Funds of the
Council shall include moneys approved by Parliament, grants and donations, bequests and other moneys approved by the Minister responsible for Finance.
However, the Committee is of the view that the Council of State is not a legal entity with the power to receive personal bequests and donations from both public and individual sources. Moreover, the Committee opines that the Council of State should be insulated from such sources of funding to prevent possible external manipulation of its mandate. An amendment has been proposed to that effect.
Mr Speaker, I beg to move that we delete (b) and (c) 14 on page 8.
Mr First Deputy Speaker 4 p.m.
Very well.
Mr Ras Mubarak 4 p.m.
Mr Speaker, the justification that the Council of State cannot receive grants and donations from public or private -- does not sit well with me.
The Council of State is a creation of the Constitution and there may be instances when the Council of State has programmes or projects that would require the public or private
sector to chip in something. For instance, the COVID-19 pandemic situation that we have in this country, there have been exceptional circumstances where public funds have dried up that required some amount of intervention from the public.
So, clearly, it ought to be looked at again, that is, the part that captures grants and donations. I find it rather strange.
Mr First Deputy Speaker 4 p.m.
Hon Ranking Member, whiles on your feet, kindly address me on why you say, it is not a legal entity?.
Alhaji I.A.B. Fuseini 4 p.m.
Mr Speaker, “the funds of the Council of State” captured under clause 14 includes (d): “any other moneys approved by the Minister responsible for Finance”
Mr Speaker, it is because of the unique nature of the Council of State that any person seeking to make a donation, grant or a bequest to the Council of State must necessarily make it through the Ministry of Finance and the Ministry must approve of it before the Council of State can take --
Mr Speaker, we are also pursuing a “Ghana Beyond Aid” agenda and we should not be putting it in our legislation that a very august institution like the Council of State is looking for donations and grants. We must insulate --
Mr First Deputy Speaker 4 p.m.
Hon Member, must one look for something before they receive it? Not all grants and bequests are sought for. If I decide that upon my death, all my reading material should be donated to the Council of State, can they not receive them? [Laughter]
Alhaji I.A.B. Fuseini 4 p.m.
Mr Speaker, they can and any person can do that except that we are saying it must pass through the Ministry of Finance. Parliament should not be creating situations where state institutions can just receive grants and donations -- even the Electoral Commission, because it is an independent constitutional body; we should not be creating that.
We should insulate our institutions against manipulations and to do that we must create a filter for them as a Parliament. If we create state institutions and allow them to be receiving grants, donations and bequests, where will they stop?
Mr Chireh 4 p.m.
Mr Speaker, in this list I would want us to delete (d) because we have deleted (d) all the time in our Bills. This is because Parliament approves things from the Ministry of Finance and the Ministry does not have its own money to be able to do that so we will delete that.
However, the rest should be there because -- in fact, if you were a chairman of the Council of State and you enjoyed it and want to bequeath something to them, there should not be a problem. It is not a matter of being there; it is a matter of the fact that anybody would want to strengthen the Council of State.
When someone has money and is about to die, he or she could write that this building be given to the Council of State. So, in that case, it is only (d) we should delete because it presupposes that the Ministry of Finance has its own money and can
disburse them to any institution without Parliament --that is also the reason I do not want that argument of donations and grants to be going through them.
Mr Speaker, this is because if they are grants like bilateral grants, they are captured in the Budget and brought to Parliament for approval. So, as for donations, grants and bequests they should be part of it because it is an institution we are now fully catering for. If we look at it, the staff are secondary staff; they have no conditions of service.
In my view, I thought that we should have even considered setting up a small scheme of service for them so that they can be properly integrated or we will make it a public corporation type of situation. Otherwise, we might have to do so by regulations.
Mr First Deputy Speaker 4 p.m.
Very well.
Let us proceed. The proposed amendment is to delete (d). The Hon Member who proposed for the deletion of (b) and (c) has left the Chamber.
Mr Ahiafor 4:10 p.m.
Mr Speaker, we need to get this particular provision clearly -- and forgive my ignorance. Constitutionally and by law, can the Council of State own property of their own or the property is for the State? Or whatever property that we have said is for the Council of State. Because I have heard the Hon Majority Leader state that they procured a vehicle of their own.
Mr First Deputy Speaker 4:10 p.m.
Let us use the establishment clauses --
“There shall be a Council of State to counsel the President in the performance of its functions”. Again, “There shall be a Parliament of Ghana which shall consist of not less than …”
What is the difference between the two? So, how come one is a legal body and the other is not? The language is the same and so I do not subscribe to the notion that it is not a legal body because it is a constitutionally established body. We are now trying to set it up and provide it with a Secretariat and so on, but it is -- and indeed the argument made earlier that it is not “established in
Mr Ahiafor 4:10 p.m.
Mr Speaker, then with the explanation that you have given, there is absolutely no need to delete anything under clause 14 because once it is a legal entity then we can bequeath --
Mr First Deputy Speaker 4:10 p.m.
What we are saying about paragraph (d) is that it is giving power to the Hon Minister for Finance which he does not have because it is Parliament that --
Mr Ahiafor 4:10 p.m.
Then probably with the exception of paragraph (d) every other paragraph should stay.
Mr First Deputy Speaker 4:10 p.m.
Hon Members, the proposed amendment is to delete 14(d).
Mr Kyei-Mensah-Bonsu 4:10 p.m.
Mr Speaker, I have not seen any law that we have made in this House where as a source of funding we have “including bequests”. I have not come across --
Mr First Deputy Speaker 4:10 p.m.
We are anticipating that you would bequeath all your resources to the Council of State.
Mr Kyei-Mensah-Bonsu 4:10 p.m.
Mr Speaker, I have not seen any such law crafted by Parliament where as a source of funding included bequests. To me, the bequest is out of sync.
Mr First Deputy Speaker 4:10 p.m.
Anyway, it is not different from a donation.
Mr Kyei-Mensah-Bonsu 4:10 p.m.
We already have “grants and donations”. However, a bequest can be in the form of a donation and so we do not need bequest there. So, we should delete the (c). Mr Speaker, I am struggling with paragraph (d) and on many occasions we have deleted it. I have asked the Table Office to check for me; if my memory serves me right, I think we left it in the office of the Special Prosecutor's Bill for good cause.
If we could retain it for good reasons then why not, because we know that a budget would be provided for them and Parliament may have the occasion to refer the consideration of a Bill to them. They may need to engage experts and consultants and they may not be able to find the money immediately.
Touching base with the Hon Minister for Finance, perhaps, some allocations could be made to them and so I believe that if we leave paragraph (d) it may not really offend any principle at all in the case of the Council of State.
Mr First Deputy Speaker 4:10 p.m.
So, what is the proposed amendment to clause 14?
Alhaji I.A.B. Fuseini 4:10 p.m.
Mr Speaker, once upon a time, any moneys approved by the Hon Minister were in vaults. When the country went under Highly-Indebted Poor Country (HIPC), the HIPC funds did not form part of the budget so all those laws that were passed within that time had this expression.
As recently as two years ago, because we said that the Office of the Special Prosecutor could not take donations, grants or bequests directly, we thought that even though it is a legal entity, any person who wishes or intends to make such donations, grants or bequests to the Office of the Special Prosecutor must necessarily do so through the Hon Minister for Finance.
Mr Speaker, so we put it in the recent office of the Special Prosecutor's Act 2017 ( Act 959)
and that was the thinking that influenced your Committee when we considered the deletion of “grants and bequests” because it could conveniently come under “any other moneys”.
However, if we want to keep “grants, donations and bequests” then we can -- [Interruption] -- Mr Speaker, the Hon Majority Leader does not want to bequeath anything to the -- [Laughter]
If we do not want “bequests” and “any other moneys” then we can delete that and the grants would be there, but “bequests” -- because good-hearted people can decide that their property that is available anywhere in the country could be given to the Council of State and by extension to the State.
A Hon Member: But when they are alive that would be a donation.
Alhaji I.A.B. Fuseini 4:10 p.m.
No, when they are dead.
Mr First Deputy Speaker 4:10 p.m.
It is a donation by a will. It is still a donation.
Alhaji I.A.B. Fuseini 4:10 p.m.
Mr Speaker, it is a donation that crystallises after death and that is why we say “bequeath”.
Alhaji I.A.B. Fuseini 4:10 p.m.
Mr Speaker, if the person is alive and well then it is a donation.
Mr First Deputy Speaker 4:10 p.m.
But if the person is dead then is it bequeathed?
Alhaji I.A.B. Fuseini 4:10 p.m.
Yes.
Mr First Deputy Speaker 4:10 p.m.
To the one receiving it, it is a donation however it came.
Mr Ahiafor 4:10 p.m.
Mr Speaker, I see a clear difference between donation and bequest. A person can donate whiles alive but bequeath would be ambulatory in nature and it can only take effect after death.
The Hon Majority Leader indicated that we never had this in any of the laws that we have made but the law is an instrument of social engineering and it should be an aid to development. So, if at this age we feel that people can bequeath to the Council of State then we can expressly state so in the law provided the Council of State as a legal entity can own such property.
Mr First Deputy Speaker 4:10 p.m.
I am waiting for the proposed amendment. The argument is still on deleting
“bequest”. On paragraph (d) it appears that we are making the argument that it should be maintained for what it is worth.
Question put and amendment agreed to.
Clause 14 as amended ordered to stand part of the Bill.
Clause 15 ordered to stand part of the Bill.
Clause 16 - -Accounts and audit
Mr Kyei-Mensah-Bonsu 4:10 p.m.
Mr Speaker, I have a minor issue in respect of clause 16(1). I think that we have longed departed from the use of the word “proper”. We have developed a standard for Accounts and audit and so let us look at that.
Mr First Deputy Speaker 4:20 p.m.
So, I would put the Question and direct the draftspersons to look at it.
Clause 16 ordered to stand part of the Bill.
Mr First Deputy Speaker 4:20 p.m.
Now the draftspersons are ordered to redraft clause 16 to reflect the new standard of drafting adopted by the House.
Clause 17 -- Annual report and other reports
Mr S. Mahama 4:20 p.m.
Mr Speaker, may I propose that we do the same thing to clause 17?. We have the same standard in drafting. So just as we did for clause 16, we should do the same thing for annual reports and other reports.
Mr First Deputy Speaker 4:20 p.m.
Very well.
Question put and amendment agreed to.
Clause 17 as amended ordered to standard part of the Bill.
Mr First Deputy Speaker 4:20 p.m.
The draftspersons are directed to redraft the clause to reflect the new standard of drafting adopted by the House.
Clause 18 -- Power to obtain information
Mr Banda 4:20 p.m.
Mr Speaker, I beg to move, clause 18, opening phrase, line 3, delete “for”. So the new rendition would read “request information from”.
Mr Speaker, there is also an amendment that we proposed which has not been captured. With your
permission, if I may propose that for the consideration of the House?.
Mr Speaker, it would come under clause 18(c) so it would read 4:20 p.m.
“(c) any other authority established by the Constitution or any other enactment.”
Mr First Deputy Speaker 4:20 p.m.
Very well.
Mr Kyei-Mensah-Bonsu 4:20 p.m.
Mr Speaker, I was just inquiring from the Hon Chairman why he used the word authority. We can consult any other body. [Interruption] Does the Constitution use “authority”? Is that the language of the Constitution, and in which provision is that? [Laughter.]
Mr Speaker, I am not sure that this is a constitutional provision. So it should rather read: “Any other body established by the Constitution or enactment”
Mr First Deputy Speaker 4:20 p.m.
Very well.
Question put and amendment agreed to.
Clause 18 as amended ordered to stand part of the Bill.
Clause 19 -- Regulations
Mr Iddrisu 4:20 p.m.
Mr Speaker, even though I noted that you have put the Question on clause 18, if I have your leave, if I am able to convince you and Hon Colleagues, in the construction there, “Parliament” should come before “Minister of State” in terms of the arrangements -- ejusdem generis.
Secondly, the preambular should read:
“18. The Council of State may, in the performance of its functions, request for information, subject to the Right to Information Act, 2019 (Act 989) and the Data Protection Act, 2012 (Act 843).”
It should not be the way we have turned it around, beginning with “Subject to the Right to Information Act, 2019”. This proposed amendment is a better construction than what we have agreed on.
Mr First Deputy Speaker 4:20 p.m.
Very well. I direct the draftspersons to redraft to place the emphasis on the power given to the Council of State.
Now, back to clause 19, there is no advertised amendment.
Mr Banda 4:20 p.m.
Mr Speaker, there is supposed to be an amendment captured under clause 19, but it is missing on the Order Paper.
I beg to move, clause 19, line 1, delete “may” and insert “shall within twelve months with the coming into force of this Act.
Mr Speaker, the new preambular would read 4:20 p.m.
“19. The Minister shall, within twelve months with the coming into force of this Act and on the recommendation of the Council of State, by legis lat ive instrument, make regulations to …”
Mr Ahiafor 4:20 p.m.
Mr Speaker, I support the amendment in the sense that if you look at paragraph (a), it says the regulation must provide for the condition of service of staff of the Council of State.
Mr Speaker, I believe strongly that the letter of appointment to the staff may have to contain the conditions of service. So if these conditions of service are not prescribed by the Regulations, it may be a problem. Therefore, they have to do the regulation within a specified time frame.
Mr Iddrisu 4:20 p.m.
Mr Speaker, it is a matter of policy. Mine is to seek your leave, where we have the “conditions of service”, do we want to make it “terms and conditions of service”?
This is because, in employment language, it is “conditions of service”. We just do not have “conditions of service”; we must have employment terms.
We are talking about the administrative staff. Even with the word “staff”, I would qualify it with “administrative” because all members of the Council of State come under article 71. We are just talking about the administrative staff who would run the Council of State.
I am just saying it for emphasis. They are the secretarial staff, but it is better we use “administrative staff” then we know that we are qualifying them, distinct and separate from members of the Council of State.
However, my amendment is whether the Hon Minister is amenable to accept “Regulations for terms and conditions of service?. Maybe, let me go to article 158(2).
There is something on the Judiciary. I am just studying it, but I think that it should be “terms and conditions”. It should not just be “conditions”.
Alhaji I.A.B. Fuseini 4:30 p.m.
Mr Speaker, I appreciate the import of the amendment of the Hon Minority Leader. However, we have got two
distinct classes of people at the Council of State; Members of the Council of State and Staff of the Council of State.
Members of the Council of State are not staff, however, if we say “administrative staff”, there is no problem. There are staff, and the others are members.

If one suggests a provision in the Constitution, he must also think about the consequences of that provision and what he intends to achieve. The non-compliance to a provision and its consequences.

Can we say that a person who is affected by non-compliance with the provisions in case we insert “within 12 months” can go to court for a
Alhaji I.A.B. Fuseini 4:30 p.m.


So I have always thought that it is welcoming to try to put some responsibility but we must also be careful.
Mr Iddrisu 4:30 p.m.
Mr Speaker, if I have your leave, the Hansard Department and the Table Office should take note: the reference I made is on article 158(2) not 258(2).
Mr Speaker, with your indulgence I read 158(2) 4:30 p.m.
“… terms and conditions of service …”
Mr Speaker, it uses what I said 4:30 p.m.
“terms and conditions of service” and the learned Attorney-General is talking about regulations for Judicial Service staff. So we can employ the same words to improve the conditions of service by adding “terms and conditions of service”.
Thank you, Mr Speaker.
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, I sounded to the Hon Minority Leader that the terms and conditions are appropriate in the context. Indeed, when we read article 124 (5) of the Constitution which also relates to the Parliamentary Service, it also talks about prescribing the terms and conditions of service of the officers and employees of the Parliamentary Service. So I guess it is most appropriate to add “terms and conditions”.
The other matter being resurrected by the Hon Member for Tamale Central --
Mr First Deputy Speaker 4:30 p.m.
Hon Members, 19(a) provides for the terms and conditions of service and then there was the other previous proposed amendment, “within 12 months”, that was being discussed.
Mr Ahiafor 4:30 p.m.
Mr Speaker, we need a time frame. Let me just give an example: if there should be appointments with terms and conditions without the regulation -- if the time frame is there, I should be able to question the Minister involved. He or she is supposed to do a regulation within this time frame but he has not done it. Why? So the Minister is enjoined to come to this
particular House to explain why she has not been able to do the regulation within that time frame.
Mr Speaker, determination of terms and conditions is very important when it comes to appointment of staff. Therefore, it is important that we give a time frame within which the Minister should do the regulation so that they do not go to sleep after making the law.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, with clause 19(b), I want to remind the Table Officers of the usual construct, “efficient and effective”.
Question put and amendment agreed to.
Clause 19 as amended ordered to stand part of the Bill.
Clause 20 -- Interpretation
Mr Iddrisu 4:30 p.m.
Mr Speaker, there is no advertised amendment but my curiosity is on the definition for “Executive Secretary”.
“‘Executive Secretary' means the person appointed under section 10 of this Act”.
Mr First Deputy Speaker 4:30 p.m.
“The Executive Secretary is the one appointed…” Yes. We are describing the person. It is different from the functions you have listed.
Mr Iddrisu 4:30 p.m.
Thank you, Mr Speaker.
Mr Banda 4:30 p.m.
Mr Speaker, there is one amendment we want to effect and by the definition of Council of State in line with the antecedent amendment we have already effected --
“Council of State” means the Council of State established under article 89 of the Constitution” instead of “… in accordance with article 89 of the Constitution”.
Mr Speaker, the new rendition under Interpretation would read 4:30 p.m.
“Council of State” means the Council of State established under article 89 of the Constitution.”
Question put and amendment agreed to.
Clause 20 as amended ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, it is not in respect of clause 20. I just noticed that for this article, the Minister who is shepherding the Bill or the Act is the Minister for Justice. In that regard, the funding of the Council of State, when we said that any other moneys approved by the Minister responsible for Finance - Mr Speaker, the supervising Minister is the person who should be responsible but that decision then would be taken in collaboration or in consultation with the Minister for Finance.
Mr First Deputy Speaker 4:30 p.m.
The supervising Minister?
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, the Minister responsible for this is the Minister responsible for Justice. I am saying that the funding
should not just be that the Minister for Finance would give the approval over the head of the Minister responsible for the sector. So it should be that the Minister makes a determination in consultation with the Minister for Justice. She cannot be left - I am talking about the funding for the Council of State.
“The funds of the Council include any moneys approved by the Minister responsible for Finance.”
Mr Speaker, whereas he is not the Minister superintending, it is the Attorney-General and Minister for Justice. That thing should be done --
Mr First Deputy Speaker 4:30 p.m.
Let me ask the Attorney-General.
Hon Attorney-General, is the Council of State one of the agencies or bodies under your Ministry?
Ms Akuffo 4:30 p.m.
Mr Speaker, the Council of State is not an agency under the Office of the Attorney- General. When they brought their proposal, it was their choice that the Bill establishing the Secretariat should be sponsored by the Attorney- General and the Leader. That is why --
Mr First Deputy Speaker 4:30 p.m.
I think so. It should not bring you into any confrontation or conflict with the Council. I do not think it is appropriate to bring this amendment?
Mr Iddrisu 4:40 p.m.
Mr Speaker, I was persuading the Leader to abandon his amendment. Clause 14 as it stands is good enough. Moneys approved by Parliament; moneys approved by the Minister for Finance - I was drawing his attention to the fact that it is normally in respect of Committee allowances and other related matters that we say that the Minister for Finance must consult the supervising Minister but this one has been carefully drafted.
This comes under the remit of the Minister for Justice, so I do not think that we need to disturb what is in the Bill. We should leave it as it is. [Interruption]. In clause 14, it is the Minister responsible for Finance. We are talking about funds, and the only person who has approval over funds, by the legislation that we have passed here, is the Minister for Finance.
Mr First Deputy Speaker 4:40 p.m.
I was putting the Question on clause 20 -- interpretation. [Interruption] -- If it is on clause 20, then you would be allowed, but if it is not --
Mr Shaibu Mahama 4:40 p.m.
Mr Speaker, it is on clause 20, and it is just a minor reminder to the draftpersons. The definition of “Executive Secretary” under section 10 would change, in view of the amendment that we did in the number (vii).
Question put and amendment agreed to.
The Schedule is ordered to stand part of the Bill.
Mr First Deputy Speaker 4:40 p.m.
There is a proposed amendment to the Long Title by the Hon Minority Leader.
“Long Title -- An Act in respect of the Council of State, established in accordance with article 89 of the Constitution, to provide for the establishment of the relevant structures for the achievement of the mandate of the Council of State and for related matters”.
Mr First Deputy Speaker 4:40 p.m.
There is a proposed amendment in the name of the Hon Minority Leader to amend the Long Title.
Mr Iddrisu 4:40 p.m.
Mr Speaker, with the Long Title, my objection was with the use of the phrase “in respect of”. If we take the Bill, on the first line of the
Alhaji Fuseini 4:40 p.m.
Mr Speaker, during the consideration of clause 1, the Hon Majority Leader was very averse to the use of the phrase “in accordance with”. So, we substituted it with the word “under”, and I thought that for consistency, we should just do it that way to read: “An Act in respect of the Council of State established under article…”
Mr Banda 4:40 p.m.
Mr Speaker, upon second thought, we -- [Laughter] -- decided to amend the Long Title a bit, to bring the establishment of the secretariat as the main focus of the Long Title. So, though I did not consult or discuss --
Mr First Deputy Speaker 4:40 p.m.
Hon Chairman, just propose it.
Mr Banda 4:40 p.m.
Mr Speaker, it would read like this: “An Act to establish a secretariat for the Council of State and to provide relevant structures for
the attainment of the mandate of the Council of State, and for related matters.”
Question proposed.
Mr Iddrisu 4:40 p.m.
Mr Speaker, I support the Hon Chairman, but he should explain. This Act goes beyond the secretariat. When we come to the composition in this Act, we are composing it as envisaged by the provisions of article 89. Even with their privileges and their facilities, we would have to refer to article 89. So, we are not merely establishing the secretariat of the Council of State. In my view, this Act goes beyond that.
Alhaji Fuseini 4:40 p.m.
Mr Speaker, the Long Title of an Act gives us a bird's eye view of what is contained in the Act. It does not just spring out of nothing. It says “an Act in respect of the Council of State”. So when we look at the first provisions, we have the “Council of State”, “establishment of the secretariat, and “related matters,” which all form the first part of it.
So when one takes the Long Title, he would understand what this Act contains. It is not about emphasis. The Long Title gives us a bird's eye view of what is in the Act, and that is why we summarised it in the Long Title as “an Act in respect of the Council of
State”. So, we have the first clauses; Council of State, “established under article 89”, “establishment of the relevant structures, which consists of the secretariat and the Executive Secretary. Lastly, we have “related matters”, which has to do with allowances and everything.
So, if we are going to arrange it, then we would have to arrange the whole construction again, so that we could give it prominence. But for me, I think that the only amendment that we need now, is the Hon Majority Leader's amendment which is to remove the phrase “in accordance with” and insert “under”, then we are good to go.
Mr First Deputy Speaker 4:40 p.m.
With the relevant structures, would that include the secretariat? If you look at it here, it reads “An Act in respect of the Council of State…” -- It actually provides for the Council of State, it provides for the functions, the oaths of members and meetings of the Council of State -- that is one part.
Then you come to “administrative provision”, which is the name given to it here, which has to do with the relevant structures. You may also want
to specifically add “the establishment of the secretariat” or “other relevant structures” in order to make it complete.
Mr Banda 4:40 p.m.
Mr Speaker, once we have the establishment of the secretariat in the Long Title, we are comfortable. So it would read this way: “An Act in respect of the Council of State established under article 89 of the Constitution to provide for the establishment of a secretariat of the Council of State and other relevant structures for the attainment of the mandate of the Council of State and for related matters.”
Question proposed.
Mr Ahiafor 4:40 p.m.
Mr Speaker, if we say establishment of the secretariat and other relevant structures, the secretariat is also a relevant structure. [Laughter] --
Mr First Deputy Speaker 4:40 p.m.
But we would want to emphasise that before others come.
Question put and amendment agreed to.
The Long Title as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 4:50 p.m.
Hon Members, that brings us to the end of the Consideration of the Council of State Act, 2020. [Pause] The whole of tomorrow would be for you; you are not competing with anybody tomorrow. Once we call his first, we will deal with his, and if there is room, we would continue unless you can arrange for backup because as for your backup, it has to be arranged to be sure.
Mr Samuel Atta Akyea 4:50 p.m.
Thank you Mr Speaker for your indulgence in respect of tomorrow. I am grateful.
Mr First Deputy Speaker 4:50 p.m.
Hon Members, the House is adjourned to tomorrow, the 21st October, 2020 at 10'oclock in the forenoon.
ADJOURNMENT 4:50 p.m.
  • The House was adjourned at 4.52 p. m. till Wednesday, 21st October, 2020 at 10.00 a.m.