Debates of 23 Oct 2020

MR SPEAKER
PRAYERS 11:04 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:04 a.m.
Mr Speaker 11:04 a.m.
Hon Members, Correction of the Votes and Proceedings of Thursday, 22nd October, 2020.
Mr Speaker 11:04 a.m.
Hon Members, we have the Official Report of Wednesday, 14th October, 2020 for correction.
Mr Speaker 11:04 a.m.
Item numbered 3 -- Business Statement.
BUSINESS OF THE HOUSE 11:04 a.m.
Majority Leader/Chairman of the Business Committee (Mr Osei Kyei-Mensah-Bonsu) 11:04 a.m.
Mr Speaker, the Committee met yesterday, Thursday, 22nd October 2020 and arranged Business of the House for the Fourth Week ending Friday, 30th October, 2020.
Mr Speaker, the Committee accordingly submits its Report as follows 11:04 a.m.
Arrangement of Business
Formal Communications by the Speaker
Mr Speaker, you may read any available communication to the House.
Questions
Mr Speaker, Questions duly admitted by your good self would be programmed in due course for response by the relevant Ministers of State.
Statements
Mr Speaker, pursuant to Standing Order 70(2), Ministers of State may be permitted to make Statements of
Government policy. Statements duly admitted by the Rt. Hon Speaker may be made in the House by Hon Members, in accordance with Standing Order 72.
Bills, Papers and Reports
Mr Speaker, Bills may be presented to the House for First Reading in accordance with Standing Order 120. However, those of urgent nature may be taken through the various stages in one day in accordance with Standing Order 119.
Pursuant to Standing Order 75, Papers for presentation to the House may be placed on the Order Paper for laying. Committee reports may also be presented to the House for consideration.
Motions and Resolutions
Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week.
Expenditure in Advance of Appropriation
Mr Speaker, the Minister for Finance is expected to present to the House, on Wednesday, 28th October,
2020, the Expenditure in Advance of Appropriation, January to March 2021. The House would also be expected to consider the report of the Finance Committee on same and take the consequential parliamentary action.
Sitting of the House on Monday/ Extended Sittings
Mr Speaker, as recommended during the presentation of the previous Business Statements, the House is scheduled to Sit on Monday, 26th October, 2020. Sittings of the House may also be extended beyond the 2:00 p.m. as stipulated in Standing Order 40(2) to enable the completion of scheduled business for each day of the week under consideration.
The Business Committee further entreats all Committees with referrals which require parliamentary consideration within this brief period, to expedite work on same and report to plenary as soon as practicable.
Conclusion
Mr Speaker, in accordance with Standing Order 160(2) and subject to Standing Order 53, the Committee submits to this honourable House, the order in which the Business of the House shall be taken during the week under consideration.

Statements

Presentation of Papers --

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

Motions --

(a) Adoption of the Report of the Finance Committee on the Request for waiver of Import Duties, Import and Domestic

VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana cedi equivalent of ten million, eight hundred and seventy-nine thousand, two hundred and twenty-eight euros ten cents (€10,879,228.10) on materials, equipment, and services to be procured for the Construction of five (5) Technical and Vocational Education and Training (TVET) Centres of Excellence.

Consequential Resolution

(b) Adoption of the Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Development Association (IDA) for an amount equivalent to one hundred and twenty-five million United States dollars (US$125,000,000.00) as additional financing for the Greater Accra Metropolitan Area Sanitation and Water Project (GSWP).

Consequential Resolution.
Mr Speaker, the Committee accordingly submits its Report as follows 11:04 a.m.
(c) Adoption of the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana cedi equivalent of one million, one hundred and twelve thousand, four hundred and fifty-one United States dollars (US$1,112,451.00) for China Gansu International Corporation for Economic and Technical Cooperation and seven hundred and twenty-six thousand, three hundred and forty-one United States dollars (US$726,341.00) for China Railway Major Bridge on materials, equipment and works to be procured for the implementation of the Accra Intelligent Traffic Manage- ment Project under the Tranche B Facility Agreement between the Republic of Ghana and China Develop- ment Bank (CDB).
Consequential Resolution.
Consideration Stage of Bills --
Real Estate Agency Bill, 2020.
Institute of Chartered Accountants, Ghana Bill, 2020.
Committee sittings.

Statements

Motions --

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

Consequential Resolution.
Mr Speaker, the Committee accordingly submits its Report as follows 11:04 a.m.
Consideration Stage of Bills --
Real Estate Agency Bill, 2020.
Institute of Chartered Accountants, Ghana Bill, 2020.
Committee sittings.

Statements

Presentation of Papers --

(a) Expenditure in Advance of Appropriation, January to March 2021.

(b)Report of the Finance Committee on the Anti- Money Laundering Bill,

2020.

Motions

Third Reading of Bills --

Institute of Chartered Accountants, Ghana Bill, 2020.

(b) Adoption of the Report of the Finance Committee on the Expenditure in Advance of Appropriation, January to March 2021.

Consequential Resolution.

Consideration Stage of Bills --

Real Estate Agency Bill, 2020.

Committee sittings.

Statements

Presentation of Papers --

(a)Report of the Committee on Trade, Industry and Tourism on the Ghana Enterprises Authority Bill, 2020.

(b) Report of the Committee on Lands and Forestry on the Annual Report of the Forestry Commission for the year

2015.

(c)Report of the Committee on Lands and Forestry on the Annual Report of the Lands Commission for the Year

2016.

(d) Report of the Committee on Lands and Forestry on the Budget Performance Report in Respect of the Ministry of Lands and Natural Resources for the period January to December 2019.

Motions

Second Reading of Bills --

Anti-Money Laundering Bill,

2020.

Committee sittings.

Statements

Motions --

Second Reading of Bills --

Ghana Enterprises Authority Bill, 2020.

Third Reading of Bills --

Real Estate Agency Bill, 2020.

Consideration Stage of Bills --

Anti-Money Laundering Bill,

2020.

Committee sittings.
Minority Leader (Mr Haruna Iddrisu) 11:14 p.m.
Mr Speaker, I just want to thank the Leader of Government Business and to urge Hon Colleagues
that if for any reason, we are not able to avail ourselves for the business of the House, the matter of the Vote on Account -- expenditure in advance of appropriation, which is more like a mini budget statement, we have to give it the necessary attention as a House since that is integral to the exercise of our power of oversight, particularly, over the budget statement. So I urge Hon Members to at least, avail themselves every other time but more importantly on Wednesday.
Mr Speaker, the Attorney-General mentioned to me that she was going to discuss with the Hon Majority Leader because at the Business Committee meeting, I had indicated to him that we have to prioritise his Bills, given the number of days and his declaration of one day, one Bill at Consideration Stage. We would do our best but at least we cannot finish all of it.
Mr Speaker, at this point in time, Constituency matters are as important as Chamber business if not more important for our survival but the Attorney-General mentioned the Plant Breeders Bill and said that she was going to engage with him to see whether that can be taken.
Mr Speaker, may I refer you to page 5 and for the Table Office to confirm -- Is it “Ghana Enterprises
Mr Kyei-Mensah-Bonsu 11:14 p.m.
Mr Speaker, the Hon Minority Leader is right in his observation. The Bill has been captured here as “Ghana Enterprises Authority Bill”. It is “Ghana Enterprises Agency Bill”. Yesterday, when they submitted it to me, I noticed the mistake and asked them to correct same. They had also done same for “Real Estate Agency Bill”. They had rechristened it to “Real Estate Authority Bill” and I asked that they cleaned it up. So it is not only for Friday but Thursday as well for the presentation of Papers. I think they have made the same mistake there. So for the Papers for presentation, the Report of the Committee on Trade, Industry and Tourism should be on the Ghana Enterprises Agency Bill.
So, Mr Speaker, that is what it is.
As the Hon Minority Leader has suggested, indeed, I have spoken to
that in this House on countless occasions that we are certainly not in a position to deal with the 60 or more Bills. We certainly have to prioritise and even within the list of priority, we still have to do further re-prioritisation. This is because along the line, after we decided on the 11 to deal with, we have had two more that come to us. So we would deal with those two that are of crystal importance and set aside some of the ones that we have earlier agreed on. So we would have to take the Creative Arts Bill, the Ghana Enterprises Agency Bill, the Anti-Money Laundering Bill and the ones before us that we are considering - the Real Estate Agency Bill and the Institute of Chartered Accountants Bill. We would be able to deal with these ones.
Mr Speaker, in all, we have about six of the Bills that we have to consider between now and when we rise and we would endeavour to finish all of them.
Mr Speaker, most of them are non- controversial and if we have one day, I think the one day, one Bill principle would still work. It depends on the cooperation and collaboration of Hon Colleagues who have been assisting in a very profound manner when it comes to dealing with the Bills.
Mr Speaker, that is the response to the issues raised by the Hon Minority Leader.
Mr Speaker, having said so, we met here last week and we had matters that related to Hon Members. The deadline is today so those of them who have not yet submitted -- so if they do not submit and we close the chapter today, let nobody come and make any demand again. We have had enough period. So Hon Minority Leader, if you would request your Whips to be much more up and doing. Today closes the date. It is equally so for the Majority Whips. There is not going to be any other day again.
Thank you, Mr Speaker.
Mr Speaker 11:14 p.m.
Hon Majority Leader, are we meeting on Monday or not?
Mr Kyei-Mensah-Bonsu 11:14 p.m.
Mr Speaker, it is in the Report. I mentioned that Monday is a Sitting day. Indeed, the ensuing Monday too is a Sitting day. The two remaining weeks, we would be doing Monday to Friday. If nothing happens, it would end on Friday. If something happens, perhaps, we may have to conscript our Saturday but it would ordinarily end on a Friday.
Mr Ras Mubarak 11:14 p.m.
Mr Speaker, thank you for the opportunity.
Mr Speaker, there is a pending approval for the Standing Orders of the House and it has been discussed severally about the House adopting the draft of the Standing Orders. I was hoping that we could get an indication. I think the sooner we bring a closure to it, the better for all of us.
Mr Speaker, finally, we should be very passionate about the Private Member's Bill.
Mr Speaker 11:24 a.m.
The Leader would give you a quick answer to those. Hon Majority Leader, we have marked out for Private Members' Bill and also for the Standing Orders which we are all bent on killing before we rise, just share with Hon Members briefly.
Mr Kyei-Mensah-Bonsu 11:24 a.m.
Mr Speaker, I think it was inadvertently left out. The Leadership and the Hon Speaker have conferred on it, and we intend to programme it for next weekend and bring the deliberations on it to a closure.
As you do know, we have to also circulate copies to Hon Members. However, in the course of next week, we intend to bring it to a closure. That then would pave the way for the Private Members Bill, and indeed, we have something in the pipeline - at least, we have about two Bills in the pipeline. Hopefully, we would be able to transact Business on them before we adjourn.
Mr Speaker 11:24 a.m.
It needs the cooperation of both Hon Leaders, as well as the Chairmen of the Committees. I would however like the Hon Minority Leader to speak on it.
Mr Iddrisu 11:24 a.m.
Mr Speaker, I believe that the Hon Majority Leader must prioritise the matter of Private Members Bill. I am aware that myself and him are carefully studying article 89 (2) of the Constitution, which is not an entrenched provision.
Probably, the Hon Majority Leader and I may sponsor, as part of a Private Members Bill, an amendment to the composition of the Council of State. When it says that there should be one representative from each region of Ghana, elected in accordance with the regulations made by the Electoral Commission.
Now, the number of regions have expanded, so, how are we to construe article 89 (1) (c)? It is a matter, and I
do know that there were those that some of our Hon Colleagues on road traffic and matters relating to witchcraft. Indeed, I am even further studying a private members bill for the establishment of a presidential commission on debate, so that in future, beyond 2020, a presidential debate would be facilitated by a commission to be established through a private members bill. This would compel debate on infrastructure of the economy and on governance, for the purpose of enriching comparative democratic politics in Ghana.
Mr Speaker, I know that you would want it to be part of your legacy as the Rt Hon Speaker of the seventh Parliament, and proudly so, that under your era, private members bills were accommodated and tolerated to deepen our Parliamentary-democratic ethos. So the Hon Majority Leader should find space for the Private Members Bill, even if it takes a while. If he is still working on the Council of State one, we should get it joined to what the Hon Speaker and the draftspersons have worked on.
Mr Speaker, on the Standing Orders, I am sure that my Hon Colleague is able to respond to it. What we agreed on was that we would use our own processes here to expedite action on it and to be fair
to the Rt. Hon Speaker, who had asked that copies of the finalised documents were to be made available to us. The one in charge should therefore do so, so that we would study it, then the Hon Majority Leader can programme it for our purposes.
Mr Speaker, I thank you.
Mr Speaker 11:24 a.m.
So now, Hon Leaders, this conversation should take place between the two of you.
Hon Members, honestly, this is a conversation between the Hon Minority Leader and the Hon Majority Leader, and at best, with me also. However, we have discussed it, and at this stage, whatever there is to be distributed -- in fact, I order that it should be done electronically.
I remember that I have said it here that the thing is finalised, and so everybody who has anything to say should come forward. We have therefore gone beyond all those stages.
I direct that the Clerk have this electronically transmitted to all Hon Members by the close of today, so that next week, by the plan, we would kill it. I am very glad about the way the Hon Chairmen of the various Committees are doing it. It would help us, so that when we come, they would
STATEMENTS 11:24 a.m.
Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 11:34 a.m.
Mr Speaker, the United Nations at 75 years is a milestone in history. Peculiar to the grief of the Organisation in this very year, is the global pandemic that
has affected the normal practice of engaging people from all over the world. It was however, an excellent decision for the UN to launch the Global Dialogue Initiative in January, 2020, suiting the events that followed in the months after. The global conversation enabled many people to share their challenges and other experiences, as well as their expectations for the future, and this was extremely necessary, as countries cooperated to deal with the changes brought by the COVID-19 pandemic.
Mr Speaker, at the 75th General Assembly, the UN Secretary- General, Antonio Guterres, revealed that through a global dialogue, people were able to express their ambitions and desires for a transformative global economy and their plans to accelerate the transition to Zero Carbon and to reach the universal health coverage, and also expressed their desires on the proposition to fight racial injustice, and to increase transparency and accountability in decision-making.
Mr Speaker, it is commendable that the UN has been able to utilise the Charter since the 75 years of its signing, to tackle some of the fundamental challenges of the world such as human rights issues, respect for international laws and the peaceful settlement of disputes, while at the same time, leverage its experiences to
also respond to new threats that emerged like cybercrime and the dangers of climate change. In continuance of this good work, we have high expectations for the Organisation that after so long, a review of the Charter today, is a right step to development.
Mr Speaker, today, the United Nations (UN) is well represented in all aspects of human life, with the agencies that deal with the International Cooperation for Development, and the protection of the environment and on human rights.
Presently, the UN operates over 19 agencies in Ghana, including the Food and Agriculture Organisation, the International Fund for Agricultural Development, the International Labour Organisation, the World Health Organisation, the United Nations Development Programme, the United Nations Children's Fund and the World Food Programme, to mention but a few.
Mr Speaker, we are delighted that our successive Governments have over the years worked closely with the UN agencies, and supported them in carrying out their mandate to achieve the goals set forth by the General Assembly year in year out.
Ghana has also utilised the platform of the UN, especially during the tenure of the late Kofi Annan, to promote world peace, through peace keeping nations within and outside Africa.
Mr Speaker, these achievements cannot be made without mentioning also the shortcomings identified by both members and leaders, including the former Secretary-General, Ban Ki-Moon, concerning the need for the Charter of the UN to adapt to the realities of the 21st Century.
Mr Speaker, now, more than ever, it opens the realisation of individuals to their contributory roles and impact on global issues such that we cannot ignore the inclusion of the youth in governance and in both national and international levels.
Mr Speaker, these deficits of a 75 old Charter, ahead in the advocacy for structural reforms of the UN, we believe, hold back its ability to achieve proper equality for member-States.

Mr Speaker, also the inefficiency of the UN is demonstrating to the world how multilateralism seeks not to compromise strict sovereignty as it is commonly perceived and these are all important points to be addressed going forward.
Mr Speaker 11:34 a.m.
Thank you very much, Hon Member.
One from each Side and then, the Hon Minister for Foreign Affairs and Regional Integration may make some concluding remarks.
Yes, Hon Minority Leader?
Mr Haruna Iddrisu (NDC -- Tamale South) 11:34 a.m.
Mr Speaker, let me thank the Hon Annoh-Dompreh, the Hon Chairman of the Committee on Foreign Affairs and Regional Integration for the Statement on the 75th Anniversary of the UN ahead of the UN Day - 24th October, 2020.
Mr Speaker, in commending him I also wish to mention that there is no departure from Ghana's foreign policy pursuit and therefore, as a country, we remain committed to multi- lateralism. Whether that is the thinking and the action of other Heads of States, I am not able to vouch for those other countries but unilateralism threatens the global quest and global collectiveness and commitment to multilateralism.
Mr Speaker, this Statement could not have come at an appropriate time than this time, and my contribution would be centred on COVID-19; its effects on the global economy and the reported increasing cases of extreme poverty in the world.
Mr Speaker, the UN would have no option than to revise and call an urgent meeting of Heads of States to revise the Sustainable Development Goals (SDGs) and the targets that were set therein because COVID-19 would wither away the commitments that were made by nations; it may wither away their economic resources that were to assist and facilitate the attainment of those objectives. We have to increase and expand access to basic facilities including water; access to quality water globally and even healthcare.
Mr Speaker, but two important issues are still outstanding; the climate crisis and our continuous destruction of our natural environment. What is the UN doing about it and what would the UN do? I recall that some survey was conducted by the UN as part of the 75th Anniversary which read: “The future we want; the UN we need”. And the most popular response was for the UN to change and to innovate.
Mr Speaker, in Ghana, we can pride ourselves -- and that is why all
Mr Speaker 11:44 a.m.
Any contribution from the Majority or should the Minister come in? [Pause] --
Yes, Hon Minister for Foreign Affairs and Regional Integration?
Ms Shirley Ayorkor Botchwey (Minister for Foreign Affairs and Regional Integration): Mr Speaker, thank you.
I wish to also thank the Hon Member who made the Statement, the Hon Chairman of the Committee on Foreign Affairs and Regional Integration and also the Minority Leader for the issues that he has raised.
Mr Speaker, Ghana is a worthy member of the UN and on the occasion of its 75th Anniversary, we very much would like to convey very warm felicitations to all countries of the world, members of the UN. And to say that since its formation, 75 years ago, the UN has evolved dynamically; it has kept its focus, it has adapted as much as it can and truly, it has contributed in diverse ways to maintaining peace and security in this world of ours.
Mr Speaker, the UN has also promoted human rights and fundamental freedoms and pushed for the respect on international law and the advance for the socio-economic development. Of course, we all know that there are countries that feel too big to respect international law but even with all those destractions, the UN has remained focused on its work. At a time like this, 75 years of existence, I think it is important that we reflect on the achievements; we look at the challenges and the lessons that we have learnt over the years.

Indeed, as the Hon Chairman of the Foreign Affairs and Regional Integration Committee said, in Ghana we have decided that we would adopt the theme, “Shaping our Future Together; Ghana and the United Nations” because we realise that we cannot do it alone. There is always the need for us to remind ourselves that no country is an island, therefore we must all embrace multilateralism which is important.

We see how concerted efforts made towards this COVID-19 pandemic yielded results even for Africa through the African Centre for Disease Control (CDC) and for West Africa through the West African Health

Organisation (WAHO) and how they have been able to mobilise to help us.

There is a lot more that we can do, and as the Hon Minority Leader said, we will not be able to achieve the SDGs within the time frame that we have set for ourselves which is 2030. This is because of the dire negative effects of COVID-19 on our economies and social lives. So there is the need for us to have a relook at how we can reprioritise and also push further for us to put in more impetus for the SDGs to be achieved.

Thankfully, our President is one of the Co-Chairs of the group of advocates; therefore he will together with his colleague, the Norwegian Prime Minister, look at these issues and the effects of COVID-19 on the 17 goals that we have all set for ourselves and also the effects on even Africa's Agenda 2063 which is drawn out of the UN SDGs.

Mr Speaker, we are guided by the principles and ideals of the UN Charter as a country and it is enshrined in our foreign policy objectives. As we all know, we have a very enviable record in peacekeeping operations. So, we have always been at the forefront of UN efforts to promote international peace and security in this world. We will continue to support peacekeeping
Mr Speaker 11:44 a.m.
Thank you very much, Hon Minister for Foreign Affairs and Regional integration. That brings us to the end of Statements.
At the commencement of Public Business, item numbered 5, Presentation of Papers. Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs?
PAPERS 11:44 a.m.
Mr Speaker 11:44 a.m.
Item numbered 6, Consideration Stage of the Real Estate Agency Bill, 2020. Item numbered 6 (i), new clause. Yes, Hon Chairman?
BILLS -- CONSIDERATION 11:44 a.m.
STAGE 11:44 a.m.
Chairman of the Committee (Nana Amoakoh) 11:44 a.m.
Mr Speaker, yesterday, we debated some of those items in the new clause, so we are moving to clause 30.
Mr Speaker, I beg to move, add the following new clause after clause
29:
“Suspension of a license
30. (1) The Council may suspend the licence of a real estate broker or real estate agent, where the Council determines that the real estate broker or real estate agent in the performance of a function authorised by the licence
(a) fails to use the real estate forms required for the transaction;
(b) accepts cash in payment for the transaction;
(c) fails within reasonable time which shall not exceed one
month, to pay out money received into a client account, to the client;
(d) pays a commission or fees, or divided commission or fees to a person who is not a licensed real estate broker or real estate agent; or
(e)fails to give a copy of the sale and purchase agreement to both the seller and purchaser of real estate.
(2) The Council shall only suspend the licence, if the Council
(a) gives at least ten days' notice to the real estate broker or real estate agent whose licence the Council intends to suspend;
(b) states in the notice the grounds of the suspension;
(c) serves on the real estate broker or real estate agent a copy of any complaint or charges which the Council proposes to consider; and
(d) gives the real estate broker or real estate agent, the opportunity to
(i) be heard and be represented by a lawyer,
Mr Speaker 11:44 a.m.
Hon Chairman, you have just told us what to do. Give us the rationale. Yes, your Colleague Chairman, Hon Banda?
Mr Banda 11:54 a.m.
Mr Speaker, in the Bill, suspension and revocation of a licence were put together under one clause, that is clause 30. The idea behind this proposed amendment is to segregate suspension from revocation. That is the reason behind this proposed amendment.

We seek to insert “suspension of a licence'' immediately after clause 29, which has to do with “renewal of licence''. However, the arrangement as captured in the Order Paper, did not represent what we intended to do. The “suspension of a licence'', should come first and then “revocation of

licence'', which is also captured on page 3 of the Order Paper, should come second and what is captured as clause 30 (2), on page three of the Order Paper which says; “the Council shall only suspend the licence or revoke licence'', shall come as number 3.

Mr Speaker, for the avoidance of doubt, I would want to repeat what I said. What is captured on page 2 on the Order Paper, as clause 30 (1) which deals with the “suspension of a licence'', would be first, then “revocation of licence'' would be clause 30 (2) and then what is captured as clause 30 (2), would then come as clause 30 (3).
Mr Iddrisu 11:54 a.m.
Mr Speaker, the Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs is a very experienced drafter. However, my first objection is that we cannot and should not separate “suspension'' and “revocation'' because the two are the same. Where a licence is suspended and the person does not behave properly, the end consequence or result would be revocation. So, the two must be married together and the headnote should be “suspension and revocation of licence''. It should not even be “suspension or revocation of licence'' -- what is the essence of suspension? If the person misbehaves further the licence would be revoked.
Mr Speaker, my second issue is with clause 30 (1). In clause 30 (1) (b), which is “accepts cash in payment'', I have a difficulty with the preposition “in'', so the Hon Chairman should take note?
Again, the transaction must be qualified to read “accepts cash payment for a real estate transaction''.We want to fight money laundering so at every time, it should be: “payment in respect of a real estate transaction''. It is not just any transaction. Mr Speaker, I want the Hon Chairman to observe the words in clause 30 (2), because I have objection to the use of the word “only''. It should be:
“The Council shall suspend the licence, if…''
We want to give the Council the power to be able to suspend it so it should not be qualified with “only''. Mr Speaker, again, the rendition in clause 30 (2) (a), should read:
“gives at least ten days' notice to the real estate broker or real estate agent''.
There is no need to add “whose licence the Council intends to suspend'' because the person has been given notice, which indicates that his or her licence would be suspended.
Mr Speaker, I would want to ask the Hon Chairman whether paragraph (b) of the same subclause, should be as follows:
“states in the notice the grounds for the suspension'' or “states in the notice for the grounds of the suspension''? Those of us who learned modern drafting should help us with that construction.
Mr Speaker, I support the proposed amendment but we should not separate “suspension'' from “revocation''. The two must be together. Even in the original Bill, suspension is the basis for revocation. When it is suspended and the person does other things by not respecting the objects of this Act, it would end up in revocation. So, why do they want to separate “suspension'' from “revocation''?
Mr Speaker, in clause 30 (2) (d), we should use the words in the Constitution. What is “be heard and represented by a lawyer'' in clause 30 (2) (d)(i)? The Hon Chairman should refer to article 14 of the Constitution. What language was used when the Constitution said that each person must have a legal representative? Let us use the same words. This is not what has been used in the Constitution. They cannot say “be heard''. What is the meaning of that? It should be deleted. If they want a representation from a Lawyer, they
Mr Speaker 11:54 a.m.
Hon Chairman, I think you are agreeable that the word “only'' should be deleted. Whenever you give instances when some punitive action could be taken, you realised that the law carefully makes room for other possibilities. This is because in conceptualising any law, the lawmaker does not want to make an impossible situation for himself -- in other words, remember every possible situation. So, we have to avoid words like “only'' and then when a legal situation arises, he would apply some listed provisions and apply sui generis and say this falls in the same category as what I have said. I hope we would take note?
Mr Banda 12:04 p.m.
Mr Speaker, I agree with the Hon Minority Leader to some point with respect to the deletion of “only'' in subclause (2). However, “to be heard'', is an appropriate
language. What it means is that to be heard without necessarily engaging a lawyer, the person has to be given the opportunity to make a representation, either by himself or herself or if he or she wants to engage a lawyer, then they could go ahead. That is the meaning of “to be heard or to be represented by a lawyer''.
The Hon Minority Leader also raised an issue with respect to the combination of “suspension'' or “revocation'' of a licence. In the original Bill, it would be realised that circumstances under which a licence could be revoked are well stipulated from clause 30 (1) to clause 30 (3) (a), (b) and (c). Clause 30 (4), also gives circumstances under which a licence may also be suspended.
Mr Speaker, in order not to create confusion and to make the provisions look neater and elegant, it is necessary to give a headnote for suspension of a licence and to also give a headnote for the revocation of a licence. That is the reason “suspension'' has been segregated from “revocation'', so as to give both of them headnotes.
Mr Speaker, having said these, there are a few amendments that I would like to effect for clause 30 (1) on page 2 of the Order Paper.

Mr Speaker, I beg to move, clause 30, subclause 1, paragraph (a). So, Mr Speaker, in the second line, before “transaction”, insert “real estate” to read “the real estate transaction”. Mr Speaker, then, under clause 30, subclause (1), paragraph (b), line 1, insert “real estate transaction” after “the” because “real estate transaction” is defined under the interpretation section. Mr Speaker, I would then go to clause 30, subclause (2), line 1, after “shall” insert “suspend or”. So, the preamble will read:

“30(2) The Council shall suspend or revoke the licence if the Council…”

Mr Speaker, then we come to clause 30 (2) (a), in line 3, after “suspend” insert “or revoke”. So, it would read:

“30 (2)(a) gives at least ten day notice to the real estate broker or real estate agent whose licence the Council intends to suspend or revoke”.

Mr Speaker, I see the Hon Minority Leader is not comfortable with “whose licence”. Mr Speaker, I do not have a problem with that but

let me finish with the proposed amendments.

Mr Speaker, under clause 30 (2) (b), line 2, after “suspension” insert “or revocation”. Then, clause 30 (2) (d), delete “gives” and insert “affords” to read:

“affords the real estate agent or real estate agent, the opportunity to”.

Then, in clause 30 (2) (d) (i), after “heard” insert “either in person” and delete “and”, and in its place insert “or to” to read:

(i) be heard either in person or to be represented by a lawyer”.

Mr Speaker, my last but not least amendment, clause 30 (3), line 1, after “suspend” insert “or revoke” and before “broker” insert “real estate” and in the second line, delete “an” and insert “a”.

Mr Speaker, these are my proposed amendments.
Mr Chireh 12:04 p.m.
Mr Speaker, the Hon Chairman for the Committee on Constitutional, Legal and Parliamentary Affairs is negating what he said from the beginning because in most of the Bills that we have passed here, we normally had suspension
Mr Chireh 12:14 p.m.
separate from revocation. So, if he would agree, what we are doing now is not right because we have a clause that is dealing with revocation and so he cannot be saying “suspend or revoke” in the clause which only deals with suspension. I think that he should not do that.
Secondly, we should always take what is listed in the Order Paper in which they are done. The numbering should not be our concern because the draftspersons would do that. Otherwise people looking at this Order Paper would have two forms of clause 30 but that is not the issue. The issue is that we are separating revocation from suspension and, of course, the order should be that they first suspend if one is not able to fulfil the necessary conditions before the revocation comes in. So, I think the order is important but we are dealing with the first, that is item numbered (i), “Suspension of a license” and I still believe that apart from what my Hon Leader is saying, we normally do not combine them as the conditions are always separate. They are not the same.
Mr Speaker, now, in this Bill, because they combined it, that is why if we look at clause 4 which was virtually talking about revocation whereas -- So, if we are now
separating it, we need to make sure that that clause is the basis for the separation. We cannot have suspension and revocation having the same weight. One has to be more severe or refusal to correct when you have been suspended from practising. So, I believe that as we correct the clauses --
I have heard about the deletion of “only” -- [Interruption] -- Yes, the “only” is to tell whoever is reading that until he or she has fulfilled this condition, the Council cannot go ahead and suspend the people. Mr Speaker, the Hon Minority Leader`s amendment in clause 2 is still important because we can say that the Council shall suspend the licence only when the other things are fulfilled.
Mr Speaker, the way the amendments have been made, because we are redrafting, we ought to go step by step with the arguments. Otherwise, if we make all these amendments and just put the Question, somebody may have a problem against the amendment in respect of --
Mr Speaker, like I am trying to do now, I have to take each of them and say different things. So, I still think that for this one, we can accept. But once we are separating revocation from suspension, we should not add “or
revoke”. We do not need to do that. If we do so, then, let us merge them under one clause as the Bill itself anticipated but for neatness and for ease of reference as the Hon Chairman of the Constitutional, Legal and Parliamentary Affairs argues, we therefore have to separate the two. We cannot separate two things and still merge them; “suspend or revoke” under the clause which deals with suspension. It is not tidy.

Mr Speaker, if we want to make it detailed, then we can treat those things that are necessary also for the revocation. These are the things for which our purpose may -- addition of, ‘or revoke' -- but his earlier amendment which deals with your question is in order. That is what we are dealing with and the transaction is dealing with real estate transaction. However, with the two other amendments, I have a different opinion.

Mr Speaker, first of all, we are separating the clauses which have to do with suspension and revocation. So, we should not be adding revocation when we are dealing with suspension. If we go to the aspect that deals with revocation, the conditions that will necessitate the revocation will

also be stated. So, I agree that, that is why it was so but once we separate them -- [Interruption] let us not separate them and then you will say there is no reason for separating them. This is because it is a whole --
Mr Speaker 12:14 p.m.
I find it difficult to see how the winnowers have not been able to be of much guidance to us.
Mr Kyei-Mensah-Bonsu 12:14 p.m.
Mr Speaker, if we look at the Bill before us, the chapter on suspension is covered by the same section. So we have sub-paragraph (i), (ii), (iii) relating to the revocation of licence. When we come to sub-paragraph (iv), it has to do with a suspension of a licence and then at sub-paragraph (v), it is just the procedure and not really anything to do with the weight of offence or whatever.
So, as the Hon Chairman has indicated, all that has been done, is to lift sub-paragraph (iv) which is on the suspension to precede the provisions on the revocation covered in sub- paragraph (i), (ii) and (iii). That is the first leg.
Mr Speaker, now clause 30 (5) is on the procedure to be adopted in either suspending or revoking the days of notice to be given and so on and it is about the same thing. So, if we separate that one, it will mean just
Mr Chireh 12:14 p.m.
Mr Speaker, like the Hon Majority Leader said, if we had left it as one clause, it means that the first will deal with suspension and then the second or third would deal with revocation. Then the procedure will apply to both. I am saying that I have no objection to that but we should look at the procedure to separate it from the conditions that are precedent before we can revoke or suspend. So, if it is so, we can vote on this and then the re-arrangement, would be properly done. So that instead of the
two clauses as earlier suggested by the Hon Majority Leader, so long as the headnote is saying the suspension or revocation, only the sub-clauses will distinguish which one comes where. Then we have a common procedure which will then ensure that the conditions are met.
Mr Speaker 12:14 p.m.
The Committee should put their heads together and bring us the compromise. Clause 30 numbered (ii)
Mr Chireh 12:14 p.m.
Mr Speaker, what we are all --
Mr Speaker 12:14 p.m.
Hon Member, are you re-visiting what I have just ruled on? I beg your pardon; I would want the Committee to re-visit this. We cannot spend all the time on clause 30 (1) because we are really talking at cross purposes.
Nana Amoakoh 12:14 p.m.
Mr Speaker, we cannot consider clause 30 (2) because clause 30 (1) which has to do with suspended licence - because if we have the suspension of a licence and we are now coming for a revocation --
Mr Speaker 12:14 p.m.
Hon Chairman, do you mean to say that it is derived from it? I understand you. Clause 31? I hope this one also is not derived from it.
Nana Amoakoh 12:14 p.m.
Mr Speaker, I beg to move, that subclause (1) paragraph (b), delete and insert the following: “two licensed real estate practitioners, one of whom is a lawyer with not less than five years at the Bar”.
Mr Iddrisu 12:14 p.m.
Mr Speaker, we support the amendment proposed by the Hon Chairman.
Question put and amendment agreed to.
Nana Amoakoh 12:14 p.m.
Mr Speaker, I beg to move, that subclause (4), opening phrase, line 1, before “simple”, insert “a”.
Mr Iddrisu 12:14 p.m.
Mr Speaker, I support the Hon Chairman's proposed amendment.
Question put and amendment agreed to.
Nana Amoakoh 12:14 p.m.
Mr Speaker, I beg to move, subclause (4), paragraph (a), lines 1 and 2, delete “including a determination of each issue of fact or law”.
Mr Iddrisu 12:14 p.m.
Mr Speaker, we support the Hon Chairman's amendment.
Question put and amendment agreed to.
Nana Amoakoh 12:14 p.m.
Mr Speaker, I beg to move, sub-clause (4), after “Committee”, insert “that took the decision”.
Question put and amendment agreed to.
Clause 31 as amended ordered to stand part of the Bill.
Clause 32 -- Powers of the Appeals Committee
Nana Amoakoh 12:14 p.m.
Mr Speaker, I beg to move, subclause (3), line 1, delete “or testify”.
Mr Speaker 12:24 p.m.
Hon Chireh?
Mr Chireh 12:24 p.m.
Mr Speaker, there are two things involved; it is either to appear or appear and refuse to testify. So, both should be there. We should not drop the “or testify”.
Mr Banda 12:24 p.m.
Mr Speaker, I support the proposed amendment by the Hon Chairman because under the Evidence Act, a witness can be compelled to appear before any adjudicating body but the witness cannot be compelled to witness. It is on this basis that we thought that this amendment must be effected.
Mr Speaker, clause 32(3) reads 12:24 p.m.
“Where a witness fails to appear or testify before the Appeals Committee …”
A witness cannot be forced to testify but could be forced to appear, so the proposed amendment is in order.
Mr Speaker 12:24 p.m.
Hon Members, appearance is compulsory but testifying is not.
Hon Chireh?
Mr Chireh 12:24 p.m.
Mr Speaker, I would want to know the principle of law that the Hon Member cited. If we leave “or testify”, then the compulsion in whatever principle -- [Interruption] I can say that I would not say anything and that is refusal to testify. But I want him to tell me the principle of law that suggests that a person could be compelled.
Mr Banda 12:24 p.m.
Mr Speaker, under the Evidence Act, a witness can be compelled to appear but there is no law that compels a witness to speak in court or before any adjudicating body, committee and so on. With respect to compelling the witness to appear, that is in line with our law.
Mr Speaker 12:24 p.m.
That makes it really right and there is no point in adding the words “or testify” because there is no compulsion. The court would draw all relevant conclusions from the totality of the evidence but there is nothing like compelling.
Mr Anyimadu-Antwi 12:24 p.m.
Mr Speaker, I am opposed to the proposed amendment that “or testify” be deleted. Clause 32(3) reads:
“Where a witness fails to appear or testify before the Appeals Committee or to produce a document required by the Appeals Committee, the Appeals Committee may apply to the High Court for an order to compel the attendance of the witness or the production of the document”.
The production of a document in court in itself is a testimony.
Mr Speaker 12:24 p.m.
That is why when subpoena is issued, it is issued duces tecum to wit “to bring a document” and there is subpoena ad test and that is compelling to testify. The two are very different and there is no doubt about that in law. Hon Members, being compelled to produce a document in court is one thing and being compelled to testify is another thing and that is why there is a clear
Mr Chireh 12:24 p.m.
Mr Speaker, the Appeals Committee in the provision is not a court and that is why if the witness fails to testify, then the Appeals Committee would then apply to the court to compel the witness. At this point, the Appeals Committee has no power to compel a witness to testify. This is the issue I am raising.
Mr Ahiafor 12:24 p.m.
Mr Speaker, I support the proposed amendment by the Hon Chairman because a witness cannot be compelled to testify. One can force a horse to the river side but cannot force the horse to drink water. So, what is applicable here is that a witness is forced to appear before a court or forced to produce a document but as for being silent, the witness can choose to remain silent and that is a constitutional right. That is why the amendment seeks to delete the word “testify”.
Question put and amendment agreed to.
Clause 32 as amended ordered to stand part of the Bill.
Mr Iddrisu 12:24 p.m.
Mr Speaker, I note that we are moving to clause 33 but I seek your leave to go back to clause 31. Clause 31(4) (c) reads: The decisions of the Appeals Committee shall be by simple majority and shall be submitted to the Board”. Mr Speaker, a decision is not submitted; rather it is communicated. So the word “submit” should be substituted for “communicated”. So, paragraph (c) would then read ‘be communicated to the Board'.
Mr Speaker 12:24 p.m.
Hon Chairman, do you have any difficulty with this?
Nana Amoakoh 12:24 p.m.
Mr Speaker, we agree with this suggestion by the Hon Minority Leader.
Question put and amendment agreed to.
Clause 31 as amended ordered to stand part of the Bill.
Clause 33 -- Submission of decision to the Board.
Nana Amoakoh 12:24 p.m.
Mr Speaker, I beg to move, clause 33 subclause (3), line 3, delete “affected licensee” and insert “aggrieved person”.
Mr Ahiafor 12:24 p.m.
Mr Speaker, I support the amendment by the Hon
Mr Ahiafor 12:34 p.m.
Chairman because the terminology is an aggrieved person.

Question put and amendment agreed to.
Mr Iddrisu 12:34 p.m.
Mr Speaker, with your leave and the indulgence of the House, clause 33(1) reads:
“The Board shall approve the decision and refer the decision back to the Appeals Committee”.
A Board is a board. Are we saying that the Board cannot disapprove of the decision? So we might use “may” or we would have to say “The Board shall consider the decision”.
Mr Speaker 12:34 p.m.
I prefer the use of “shall consider”.
Mr Iddrisu 12:34 p.m.
Thank you, Mr Speaker, but we should not just say --
Mr Speaker 12:34 p.m.
Hon Chairman, do you have any difficulty?
Mr Amoakoh 12:34 p.m.
No, Mr Speaker.
Question put and amendment agreed to.
Clause 33 as amended ordered to stand part of the Bill.
Clause 34 -- Action of Council in relation to a decision
Mr Amoakoh 12:34 p.m.
Mr Speaker, I beg to move, clause 34, subclauses (1) and (2), delete and insert the following:
“(1) Where the Board approves the decisions of the Appeals Committee, the Council shall implement the decision by taking the appropriate action under this Act.
(2) In addition to subsection (1), the Council may by notice in writing require the licensee to take a remedial action specified in the notice within a specified time.”
Mr Ahiafor 12:34 p.m.
Mr Speaker, I agree with the Hon Chairman's amendment to some extent. I would want to propose that we delete “by taking the appropriate actions under this Act” so that the rendition would read:
“(1) Where the Board approves the decisions of the Appeals Committee, the Council shall implement the decision.
We do not expect the Council to implement the decision by taking the inappropriate action. So putting down “by taking the appropriate action” is redundant in the rendition.
Mr Speaker 12:34 p.m.
Hon Chairman?
Mr Amoakoh 12:34 p.m.
Mr Speaker, I really do not see anything wrong with it. However, when the decision is taken, the reason we brought the word “appropriate” is to make sure that they are doing does not infringe on anybody's person. That is why we used the word “appropriate”.
Mr Speaker 12:34 p.m.
So assuming the Appeals Committee does not approve of the decision, does it stop that body from taking appropriate action?
Mr Banda 12:34 p.m.
Mr Speaker, I support the further amendment by Hon Ahiafor because one implements a decision by taking an appropriate action. Although they feel taking the appropriate action under this Act makes it clearer -- [Interruption] Taking it off the proposed rendition does not also detract from the substance of the proposed amendment. So I support that we take off “by taking the appropriate action under this Act”.
Mr Speaker, quite apart from that, I also would want to proffer a further amendment in respect of the first line to read: “Where the Board approves the decision” and not “Where the Board approves the decisions”. It should be singular but not plural.
Mr Speaker 12:34 p.m.
What if the Board does not approve of the decision? Does that stop it from making any orders thereon?
Mr Iddrisu 12:34 p.m.
Mr Speaker, if I have your indulgence, I would persuade the Hon Chairman to abandon any amendment to clause 34 and let the original rendition of the Bill stand.
It reads:
“(1) Where the Board approves the decision of the Appeals Committee, the Council shall:
(a)suspend or revoke a licence;
(b) take any other action as appropriate.
Then in addition to subsection (1) where we have the rendition “Where the Council suspends a licence” we should add “revoke” because we have ` `revoke`` in paragraph (a). And so we cannot be talking about suspension only in line 2.
Mr Speaker 12:34 p.m.
What is more? Hon Chairman, I do not think you have answered me yet or considered this. When an appellate body considers a decision, where it approves, it would provide what it should do. What if it does not approve or the appellate body is of the view that even that which apparently is approved must be qualified in some way or the other? You do not give room for the parent body to do something in the contrary. I see Hon Abdallah nodding his head. Maybe, you should put this in the right context.
Mr Banda 12:34 p.m.
Mr Speaker, there are two instances where the Board approves, but where the Board does not approve is where clause 33(2) reads: Where the Board refers the decision back to the Appeals Committee for reconsideration, it means that the Board has not given its approval to the decision by the Appeals Committee where it then sends it back to the Appeals Committee for reconsideration. So that is captured under clause 33(2) of the Bill.
Mr Speaker 12:34 p.m.
Could you read the provision as captured there? What does it say when the Board does not approve of it?
Mr Banda 12:34 p.m.
Mr Speaker, this is what it says:
“33 (1) The Board may consider the decision or refer the decision back to the Appeals Committee for reconsideration within fourteen days after receipt of the decision of the Appeals Committee in relation to a hearing.
(2) Where the Board refers the decision back to the Appeals Committee for reconsideration, the Board shall attach to the decision, the reason for the reference for consideration.”
Mr Speaker 12:34 p.m.
Very well.
Mr Banda 12:44 p.m.
Mr Speaker, the Hon Minority Leader made some point in relation to clause 34(2) by proposing that we should insert -- no, we cannot insert “revocation” because this deals with suspension.
Mr Speaker 12:44 p.m.
Hon Minority Leader, how do we marry the two?
Mr Iddrisu 12:44 p.m.
Mr Speaker, I am satisfied with the explanation of the Hon Chairman.
Question put and amendment agreed to.
Mr Speaker 12:44 p.m.
There is a further amendment to clause 34. Item listed 6(x).
Nana Amoakoh 12:44 p.m.
Mr Speaker, I beg to move, subclause (3), line 1, delete “the license of a person” and insert “or suspend a broker or an agent”.
Mr Chireh 12:44 p.m.
Mr Speaker, are we suspending the licence which then would disable the broker or agent from performing or we are suspending the agent or broker? How do we suspend the agent or broker? I thought that the ability to do this is based on having a licence. So, if the licence is suspended, then, obviously, the broker or agent cannot do business. If we suspend the agent or the broker, what is the implication of that?
Mr Banda 12:44 p.m.
Mr Speaker, I believe that the amendment is not properly captured. It does not talk about suspending the broker or the agent; it talks about revocation of the licence of the broker or the agent.
Mr Speaker, clause 32 is the basis. In clause 32, the agent or the broker is required to take a certain remedial action and then clause 34(3) says that if the broker or the agent fails to take that remedial action, his or her licence would then be revoked. So, Mr Speaker, I will urge the Hon Chairman of the Committee to therefore withdraw the amendment.
Mr Speaker 12:44 p.m.
Shall we go step by step? Hon Chairman, is the amendment to clause 34(1) abandoned?
Nana Amoakoh 12:44 p.m.
Yes, Mr Speaker.
Mr Banda 12:44 p.m.
Mr Speaker, in clause 34(3), instead of saying “The Council shall revoke the licence of a person …”, I propose “The Council shall revoke the licence of a real estate agent or broker”.
Mr Speaker 12:44 p.m.
“In addition to subsection (1), the Council may by notice in writing, require a licensee to take the remedial action specified in the notice within a specific period.”
Is that an alternative or what?
Mr Banda 12:44 p.m.
Mr Speaker, I am referring to clause 34(3) in the Bill.
Mr Speaker 12:44 p.m.
Are you leaving the whole clause 34 as per item numbered 6(ix) to stand?
Mr Banda 12:44 p.m.
Mr Speaker, clause 34(3), which is item numbered 6(x) in the Order Paper, has been
withdrawn, and the original rendition in the Bill has been maintained, but I just want to do just a little amendment to the original.
Mr Speaker 12:44 p.m.
Do you want to withdraw the amendment listed as item 6(x)?
Very well, the amendment listed as item 6(x) is hereby withdrawn. The original text stands part of the Bill.
[Amendment withdrawn by leave of the House].
Mr Speaker 12:44 p.m.
Hon Chairman, what next? Should I put the Question on clause 34 as a whole?
Clause 35 -- Settlement for alternative dispute resolution
Nana Amoakoh 12:44 p.m.
Mr Speaker, I beg to move, subclause (1), lines 3 and 4, delete “but the agreement shall not oust the jurisdiction of the court”.
Question put and amendment agreed to.
Mr Speaker 12:44 p.m.
There is a further amendment to clause 35 - item numbered 6(xii).
Nana Amoakoh 12:44 p.m.
Mr Speaker, I beg to move, subclause (2), line 1, delete “the” and insert “an”.
Mr Speaker 12:44 p.m.
So that the whole thing would read? [Pause]
Hon Chairman, the House cannot just be told to take out “the” and substitute it with “an”. Kindly read out the resulting effect so that we would appreciate it.
Alhaji I. A. B. Fuseini 12:44 p.m.
Mr Speaker, the substitution of “an” for “the” is because we have not referred anywhere to an Alternative Dispute Resolution Practitioner. This is the first time, so when we substitute, it becomes:
“Where parties agree under subsection (1), an Alternative Dispute Resolution Practitioner shall, within fourteen days after the referral of the dispute, initiate action to resolve the dispute.”
That is how it should read.
Mr Speaker 12:54 p.m.
So that would be the effect of deleting the “the” for “an”.
Question put and amendment agreed to.
Clause 35 as amended ordered to stand part of the Bill.

Clause 36 -- Review of decision
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (1), line 1, after “decision” insert “of the Appeals Committee” and in line 2, delete “one month” and insert “sixty days” and further in line 3, delete “that” and insert “the”.
Mr Ahiafor 12:54 p.m.
Mr Speaker, I would want to further amend the Chairman's rendition.
Mr First Deputy Speaker 12:54 p.m.
Please do.
Mr Ahiafor 12:54 p.m.
Mr Speaker, it should read:
“A person who is dissatisfied …” instead of “A person who is not satisfied…”
Mr Speaker 12:54 p.m.
In fact that is the common parlance in the law.
Chairman, do you agree?
Mr Amoakoh 12:54 p.m.
Mr Speaker, it is the same.
Question put and amendment agreed to.
Alhaji I. A. B. Fuseini 12:54 p.m.
Mr Speaker, after you have put the Question, there is a small problem in clause 35 that I would raise.
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, delete and insert the following:
“Appointment of real estate inspectors
37. (1) Real estate inspectors shall be appointed under section 16 of this Act for the effective and efficient implementation of the functions of the Council under this Act.
(2) A real estate inspector shall be issued with a certificate of appointment with the photograph of the inspector affixed to the certificate which shall be produced whenever required in the discharge of the duties of the real estate inspector under this Act.”
Question put and amendment agreed to.
Clause 38 -- Inspection by Council
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (1), delete and insert the following:
“(1) An officer of the Council or any other person authorised by the Council may at a reasonable time during the day for the purpose of inspection,
(a) enter the office of a Real estate broker to ensure compliance with this Act; and
(b) enter any premises which the Officer or any other person authorised by the Council has reasonable grounds to believe relates to --
(i) a real estate transaction including a transaction otherwise exempt under subsection (3) of this Act;
(ii) a real estate transaction involving money laundering and terrorist financing.”
Question put and amendment agreed to.
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (3), opening phrase, line 2, delete “among others,”.
Question put and amendment agreed to.
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (3), add the following new paragraph:
“any other relevant information;”.
Question put and amendment agreed to.
Clause 38 as amended ordered to stand part of the Bill.
Clause 39 -- Register of real estate brokers and agents
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (2), line 3, delete “by” and insert “to”.
Question put and amendment agreed to.
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (3), line 1, delete “at intervals of six months” and insert “on annual basis”.
Question put and amendment agreed to.
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (6), add the following new paragraph:
“any other relevant institution;”.
Question put and amendment agreed to.
Clause 39 as amended ordered to stand part of the Bill.
Clause 40 -- Place of business of licensed real estate broker or agent
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, add the following new subclause:
“Where a real estate agent opens and maintains an office, the office shall be affiliated to a licensed real estate broker.”
Question put and amendment agreed to.
rose
Mr Speaker 12:54 p.m.
Yes, Hon Member?
Mr Banda 12:54 p.m.
Mr Speaker, I wanted to make a consequential amendment in respect of clause 40 (3), line 1:
“A real estate broker or a real estate agent”.
Question put and amendment agreed to.
Clause 40 as amended ordered to stand part of the Bill.
Mr Amoakoh 12:54 p.m.
Mr Speaker, I beg to move, subclause (1), line 2, after “transactions” delete all the words up to the end of the subclause.
Question put and amendment agreed to.
Mr Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, subclause (2), add the following new paragraph:
“an applicant may also apply electronically for a real estate transaction form;”

Question put and amendment agreed to.
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 41 (3), line 2, delete “void” and insert “voidable.”
Mr Speaker 1:04 p.m.
The word “voidable” makes it clearer, giving it all the relevant legal connotations.
Question put and amendment agreed to.
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 41 (4), line 2,
after “purchase agreements”, insert “forms.”
Question put and amendment agreed to.
Clause 41 as amended ordered to stand part of the Bill.
Clause 42 -- Affiliation of real estate agent
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 42 (1), line 1, after “A”, insert “licensed”.
Question put and amendment agreed to.
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 42 (2), delete.
Question put and amendment agreed to.
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 42 (3), paragraph (b), line 2, delete “person other than the” and insert “different”.
Mr Speaker 1:04 p.m.
It simply says “different person.”
Question put and amendment agreed to.
Clause 42 as amended ordered to stand part of the Bill.
Clause 43 -- Sales and purchase agreement
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 43, line 2, after “prepare”, insert “or cause to be prepared”.
Question put and amendment agreed to.
Clause 43 as amended ordered to stand part of the Bill.
Clause 44 ordered to stand part of the Bill.
Clause 45 -- Client account
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 45 delete and insert the following:
“A real estate broker or agent shall open and operate a separate client's account for the real estate of a client into which moneys due in relation to the real estate transactions shall be paid.”
Mr Banda 1:04 p.m.
Mr Speaker, I support the amendment, except to do a consequential amendment in respect of “agent”, by the insertion of “real estate”. So it would read: “…A real estate broker or a real estate agent…”
Mr Speaker 1:04 p.m.
Shall we finish with the listed amendments first, then we shall come to consequential matters first?
Question put and amendment agreed to.
Mr Speaker 1:04 p.m.
Now, Hon Banda, do you want to propose a further amendment? [Interruption] -- Is it all incorporated?
Alhaji I. A. B. Fuseini 1:04 p.m.
Mr Speaker, he has not abandoned the further amendment. It is actually consequential. In the Bill, it is “real estate agent or real estate broker”. We do not use the “real estate” that qualifies “broker” to qualify “agent”. So, it is consequential. Therefore, wherever we see “agent” standing alone, it means that we are referring to a real estate agent, so, we should do a consequential amendment.
Clause 45 as amended ordered to stand part of the Bill.
Clause 46 -- Real Estate Transaction Certificate
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 46 (1), delete and insert the following: “A real estate transaction is not complete until the parties to the transaction are issued with a Real Estate Transaction Certificate by the Council.”
Alhaji I. A. B. Fuseini 1:04 p.m.
Mr Speaker, I just want guidance. There is a condition being set here. Is it “until” or “unless”? In the Bill it is “until”. [Interruption] -- In drafting, I have seen the use of “unless”. It says “unless” so and so happens, not “until”. Until talks about up to the time, but the “unless” is not in relation to time, but a fulfilment of a condition. So, I do not -- well, but if the Bill says “until”, then it means that it is being used in relation to time.
Mr Speaker 1:04 p.m.
All things being equal, a certificate would be issued at the end of the exercise. I think that is the presumption, so, Hon Fuseini, you can proceed.
Alhaji I. A. B. Fuseini 1:04 p.m.
It is in relation to time, and not to the fulfilment of the condition. So, it is hanging until such a time that it would be issued. However, if that is the case, then I would drop my objection.
Question put and amendment agreed to.
Nana Amoakoh 1:04 p.m.
Mr Speaker, I beg to move, clause 46 (5), add the following new paragraph: “ any other competent institution.”
Mr Speaker 1:04 p.m.
So, how would the end result read?
Mr Chireh 1:14 a.m.
Mr Speaker, it would read: “Any other competent institution.”

Mr Speaker Hon Abdallah we want to have the full rendition.
Mr Banda 1:14 a.m.
Mr Speaker, the full rendition would be:
“Where the Council has a reasonable ground to believe that there has been any misrepresentation in respect of a real estate transaction, payments made in relation to the real estate transaction which is the subject of the application have been under-declared or far exceeds the value of the property, the Council may:
(a) Conduct an investigation into the transaction,
(b) Cause an independent valuation of the property to be made, or
(c) Refer the transaction to the Economic and Organised Crime Office, the Ghana Revenue Authority and the Financial Intelligence Centre for investigation or any other competent institution.”
Mr Speaker 1:14 a.m.
Hon Member, “any other competent institution” before investigation comes. I hope we are clear.
Mr Banda 1:14 a.m.
Mr Speaker, that is clause 46.
Mr Speaker 1:14 a.m.
A number of institutions are listed, is that not so? And what they would have to do in the circumstances would be further investigation. That being so, then “any other competent institution”, which I think is agreeable, should come before “for investigation”.
Alhaji I. A. B. Fuseini 1:14 a.m.
Mr Speaker, it is so because if we do not do it that way it would hang. So I think that we do not need a new paragraph (d) -[Interruption]- so, we would then insert after “centre”, “or any other competent institution”. It would read:
“Where the Council has reasonable grounds to believe that there has been any misrepresentation in respect of a real estate transaction, payments made in relation to the real estate transaction, which is the subject of the application has been under-declared or far exceeds the value of the property, the Council may:
(a) Conduct an investigation into the transaction,
(b) Cause an independent valuation of the property to be made, or
(c) Refer the transaction to the Economic and Organised Crime Office, the Ghana Revenue Authority, the Financial Intelligence Centre or any other competent institution for investigation”.
Mr Speaker 1:14 a.m.
Thank you very much. All these have been listed and it ends it and says what they are to do for investigation. But we do not list six of them for investigation and then, mention the seventh one.
Mr Afenyo-Markin 1:14 a.m.
Mr Speaker, if this is what we want to do at clause 46, then, it is important we look back at clause 39.
Mr Speaker 1:14 a.m.
Let us approve of clause 46 first or disapprove of it then we can make consequential orders because we cannot make a consequential order on that which --
Mr Afenyo-Markin 1:14 a.m.
Mr Speaker, I would have wished that we dealt with clause 39 first because
Mr Speaker 1:14 a.m.
No, let us decide on this, and if the rationale is wise, we can adopt it for something.
Mr Afenyo-Markin 1:14 a.m.
Mr Speaker, then I would want to propose a further amendment to it before.
Mr Speaker 1:14 a.m.
You may.
Mr Afenyo-Markin 1:14 a.m.
Mr Speaker, I beg to further propose that after Ghana Revenue Authority, we insert “Office of the Special Prosecutor”. -- [Interruption] -- no, you have listed three and said “any other competent institution”. If we can do three and add any other, you are saying these three because these are the main institutions by law and you are talking about “any other competent institution” because you envisage that in future, there may be a competent institution clothed with the power to investigate. But if for the time being, we know of the Economic and Organised Crime Office; Financial Intelligence Centre; Ghana Revenue Authority; we know of the Office of the Special Prosecutor, then,
it would not be elegant to state them specifically and then, bring Office of the Special Prosecutor under “any other competent institution”. Do we have more competent investigative bodies that are known but are not listed?
Mr Speaker 1:14 a.m.
I do not think you have got him; please, kindly read again.
Alhaji I. A. B. Fuseini 1:14 a.m.
Mr Speaker, the amendment reads:
Where the Council has reasonable grounds to believe that there has been any misrepresentation in respect of a real estate transaction, payments made in relation to the real estate transaction, which is the subject of the application has been under-declared or far exceeds the value of the property, the Council may:
(a) conduct an investigation into the transaction,
(b) cause an independent valuation of the property to be made, or
(c) refer the transaction to the Economic and Organised Crime Office, the Ghana Revenue Authority, the
Financial Intelligence Centre or any other competent institution for investigation”.
(d) any other competent institution for investigation”.
Mr Speaker 1:14 a.m.
Hon Member, now are you satisfied? It is only under paragraph (c) that ‘institutions' are being mentioned and the possible institutions are stated there, and it then goes on to add “any other competent institution” for all futuristic reasons.
Mr Afenyo-Markin 1:14 a.m.
Mr Speaker, any other competent investigative authority is being used for futuristic purpose, in my view. If it is not the case, and we really want to refer to other competent investigative authorities, then, we must limit ourselves to perhaps, going by this rendition:
“or refer the transaction to competent investigative authorities”.
In that case, we do not mention one and leave the other. All I have by way of contention is that we know of Economic and Organised Crime Office by an enactment; we know of Financial Intelligence Centre by an enactment —
Mr Speaker 1:14 a.m.
Hon Member, you know very well that in law, we often give examples of the possible places that we expect something to happen from. And then having given examples, we talk about any other and then we apply the sui generis rule so as to cover any other. Is that not what we do?
Mr Afenyo-Markin 1:24 a.m.
Mr Speaker, if that is our intendment, then, we must be more elegant, with respect. There is no elegance here. And we cannot say we have given examples; then we should just mention Economic and Organised Crime Office and refer to any other.

All I am saying is that we cannot mention three and say that they are all examples and any other. I beg to submit that the mention of these known investigative bodies or authorities and the mention of any other would mean that for those that we have stated, we want to say that we know them. For those we do not know - because I have not seen even though you have mentioned.

I would want to be given an example of an enactment in this House where we know the institution, envisages that these are the institutions that would investigate the matter,

mention one, leave the others and say “any other competent”. With all due respect, there may be a disagreement but this is my view and I think that if we want to be more elegant, then I further propose that (c) be further amended to read:

“where the Council has reasonable grounds to believe that there has been any misrepresentation in respect of a real estate transaction, payment made in relation to the real estate transaction which is the subject of the application, has been under-declared or far exceeds the value of the property, the Council may refer the transaction to competent institutions for investigation.”

Mr Speaker, then in that case, we are putting them at par, and referring to competent institutions makes it open. It could be the Bureau of National Investigation (BNI) or the Police Service. However, when by law, we know of these institutions as competent institutions - When you go to the EOCO Act -- [Interruption] Must he intimidate me?

Mr Speaker, while I am on my feet, they are standing. Is it on a point of order? They have to sit down and allow me to make my point. When

the Hon Member says I have made my point, is he the Speaker? He is a senior lawyer.
Mr Speaker 1:24 a.m.
Hon Member, please proceed, I have not stopped you.
Mr Afenyo-Markin 1:24 a.m.
Yes Mr Speaker, it is intimidation I need to point out and that is what they do.
Mr Speaker 1:24 a.m.
Do not look there, look here.
Mr Afenyo-Markin 1:24 a.m.
Mr Speaker, I am compelled to look there as well. My Hon Senior Colleague who taught me parliamentary jurisprudence, Dr Matthew Opoku Prempeh, is in full agreement with the point that I am making. He agrees with me that if we want to refer to competent institutions to investigate, then we should generalise it as “competent institutions”. In that case, we are opening it up. I rest my case and I know that my Hon Senior would add some more to it to enrich my submission. I have no doubt at all about that.
Mr Speaker 1:24 a.m.
You are eliciting support.
Mr Afenyo-Markin 1:24 a.m.
Mr Speaker, he sought --
Mr Speaker 1:24 a.m.
Hon Member, if you have finished, you may take your seat.
Mr Afenyo-Markin 1:24 a.m.
Mr Speaker, I refer the matter to Hon Banda to move it. We discussed it and I referred it to him that he is for the time being, the available leader and should move it. However, the way we agreed, he did not move it accordingly and that is why I moved it. We consulted widely.
Mr Ahiafor 1:24 a.m.
Mr Speaker, the use of the words “any other competent institution” is just to allow the principles of ejusdem generis to apply when it comes to interpretation. This is because specifically, they have mentioned EOCO, the Ghana Revenue Authority (GRA) and the Financial Intelligence Centre (FIC) and any other competent institution. It is just to invoke the ejusdem generis rule when it comes to the consideration of the institutions capable of investigating the matter, so that they do not close it to the institutions mentioned.
It is open to any other competent institution. So, the drafting, using the words, “any other competent institution” is just to enable the ejusdem generis rule to be applicable when it comes to the interpretation of
Mr Speaker 1:24 a.m.
Hon Member, you have made your point, so please. If we all continued that way, it would not be fine for the House.
Alhaji I. A. B. Fuseini 1:24 a.m.
Mr Speaker, because he is a member of a noble profession, it is also always important that he listens to other views as well. First of all, it is important to look at the Memorandum and I refer him to page (ii). What is this Bill seeking to do? It is seeking to regulate real estate agency services to rid the industry of fraud, laundering of illegal income and tax evasion.
When you read the Memorandum, it gives you an indication of the institutions that will help deal with these problems. That is why clause 46 mentions the institutions. In clause 46, we have EOCO to deal with fraud, the GRA to deal with tax evasion and FIC to deal with money laundering. It is admitted that there could be other institutions that could deal with aspects of real estate agency practice which does not fall within these. That is why we did not just say “other relevant institutions” but said “any other competent institution”.
For instance, he cited the Office of the Special Prosecutor which deals
Mr Speaker 1:34 p.m.
Hon Members, we are always here to learn. In selecting which examples to use and then invoking ejusdem generis rule, you try to be as general as you can. So, some matters may appear to fall within the competence of the office of the Special Prosecutor for example by the Act that established it. As much as possible, we would take it there. Some
may be a Criminal Investigation Department (CID) matter, and you would take it there. Some may be under-declaration which has got to do with taxation and then you would refer that matter to the GRA. All these give you an idea of what you envisage under the proposed law. That is why some examples are given, otherwise, no example would ever be given. And in the law, we shall always say “competent authority” and leave it there. No, in all these laws, the lawmaker conceptualises and envisages certain relevant institutions or situations to make people understand the law particularly in its application. So, it would be useful for example to take issues that concern taxes to the GRA and people would understand.

This is the idea to bring out something but you cannot envisage all at a go. A few years ago, there was nothing like the office of the Special Prosecutor. So, you envisage as much as you can within the present situation and then say “and any other”, but at least, it has given you an idea of what you mean by that particular law.
Dr Prempeh 1:34 p.m.
Mr Speaker, I thank you for your lovely elucidation, but listening to the Hon Member for Tamale Central, Alhaji Fuseini and
your good self, is it that the proponents of this Bill were given examples or, was stating the “any agencies” competent enough to do the work? The reason I ask this question is that the Hon Member for Tamale Central quoted copiously from the Memorandum attached to the Bill that gives a roadmap of the thinking of the proponents of the Bill and the roadmap mentions three Agencies -- for fraud, money laundering and for tax invasion. This is where the roadmap is going.
In both clauses 39 and 46, they did not envisage the involvement of other bodies. They said that if the issue is fraud, it should be referred to the Economic and Organised Crime Office (EOCO); if it is money laundering it should be referred to Financial Intelligence Centre (FIC) and if it is tax invasion, it should be referred to the Ghana Revenue Authority (GRA). And they ended it. Then the House in its wisdom is extending it to the other competent bodies, so allowing this principle that we have so far elucidated -- it is because of introduction by the House of paragraph (d), which talks about “any other competent institution” and that is why your elucidation of that principle of law is correct; but is that the intendment of the proponents of the Bill? No. This is because they
stated the institutions and ended it with a full stop.
Mr Speaker, the proponents never thought about that so if we have now extended it and we are bringing this in, then the Hon Member for Effutu, Mr Afenyo-Markin, also asked if they would extend -- as the House in its rule backed by the introduction of this amendment is extending, why not bring -- because truly, for all those three elements the office of the Special Prosecutor is also clothed with the powers to investigate. That is all that the Hon Member for Effutu, Mr Afenyo Markin said. So, if we want to talk about elegance, it is either we follow the proponents of the Bill or go with the Committee that considered it and brought component institutions. If we would do that then he has a point in saying that we should not forget that this House spent enormous amount of time and effort to put together the office of the Special Prosecutor. As I said, you have explained but I wanted to bring in the other part of it.
Mr Speaker 1:34 p.m.
Hon Members, for our education, ejusdem generis has one important function. By its example, it directs the person who takes the decision on what to do. In other words, if a matter is clearly for investigation by the Criminal Investigations Department (CID), we
Mr Amoakoh 1:34 p.m.
Mr Speaker, I beg to move, clause 46, subclause 7, line 1, delete both occurrences of “property” and insert “estate”, and in line 2, delete “void” and insert “voidable”.
Question put and amendment agreed to.
Mr Banda 1:34 p.m.
Mr Speaker, at this juncture, I want to crave your indulgence, so we could bring to closure the Consideration Stage of the Real Estate Agency Bill, 2020, and begin with the Consideration Stage of the Institute of Chartered Accountants Ghana Bill, 2020, subject to your convenience.
Mr Speaker 1:34 p.m.
Hon Member, for what good reason?
Mr Banda 1:34 p.m.
Mr Speaker, that was the instruction that I got from the Hon Majority Leader that he wants us to consider these two --
Mr Speaker 1:34 p.m.
Maybe, that should have come a bit earlier. The little time we have got left before 2.00 p.m. -- In fact, I am the only Rt Hon Speaker available and I intend to kill this Bill before or around 2.00 p.m. so please, let me proceed. This was a most untimely intervention.
Question put and amendment agreed to.
Clause 46 as amended ordered to stand part of the Bill.
Mr Speaker 1:34 p.m.
We have got just a few more clauses to conclude this Bill, so let us kill it.
There is no proposed amendment to clause 47.
rose
Mr Speaker 1:34 p.m.
Hon Member for Tamale Central, Alhaji Fuseini, do you intend to propose an amendment to clause 47?
Alhaji I. A. B. Fuseini 1:34 p.m.
Mr Speaker, it is just a consequential amendment.
Mr Speaker 1:34 p.m.
Is it in relation to clause 47?
Alhaji I. A. B. Fuseini 1:34 p.m.
Yes, Mr Speaker.
Clause 47 -- General rules of conduct in real estate agency practice
Alhaji I. A. B. Fuseini 1:44 p.m.
Mr Speaker, in clause 47 (1), it is “real estate broker or agent” but it should
be “real estate broker or real estate agent”. So, in those instances where “agent” has been repeated without the “real estate agent”, I pray that --

So, Mr Speaker, I pray that the consequential amendment would be made to define clearly “the agent” which is the real estate agent.
Mr Speaker 1:44 p.m.
Hon Member, I thank you and therefore give a directive that wherever that appears the amended situation should apply accordingly. So, the draftspersons and the Table officers should apply that immediately.
Clause 47 ordered to stand part of the Bill.
Clause 48 -- Transaction report
Nana Amoakoh 1:44 p.m.
It is consequential.
Mr Speaker 1:44 p.m.
The directive applies.
Question put and amendment agreed to.
Clause 48 ordered to stand part of the Bill.
Nana Amoakoh 1:44 p.m.
Mr Speaker, I beg to move, clause 49, headnote, delete “Books of”.
Question put and amendment agreed to.
Nana Amoakoh 1:44 p.m.
Mr Speaker, I beg to move, clause 49, subclause (4), line 1, delete “appoint” and insert “engage”, and in line 4, delete “appointment” and insert “engagement”.
Question put and amendment agreed to.
Mr Banda 1:44 p.m.
Mr Speaker, apart from the consequential order that you have already given, clause 49 (4), line 3, “that real estate broker” should read “the real estate broker”.
The new rendition for clause 49 (4) will be:
“A real estate broker shall within one month after the end of the calendar year appoint a qualified auditor to audit the accounts of the real estate broker and the auditor shall submit ...”
Mr Speaker 1:44 p.m.
It is simply a neater presentation.
Mr Chireh 1:44 p.m.
Mr Speaker, we appoint auditors; we do not engage auditors. At the annual general meeting, we appoint auditors and that is the appropriate legal language. Engagement is like having a chat with the person; appointment is the correct word. So, the Hon Chairman of the Committee should withdraw his amendment.
Mr Speaker 1:44 p.m.
Hon Chairman of the Committee, let sleeping dogs lie.
Nana Amoakoh 1:44 p.m.
Mr Speaker, if this were a private business, we may then appoint or engage but -- [Interruption] --
Mr Speaker, we would go with “appoint”.
Mr Speaker 1:44 p.m.
Chairman, let us maintain “appointment” and drop “engagement”. Nomenclatures are well established in societies and Ghana was not built yester night.
Why do you want to talk about engagements when we know that we have appointments? The Hon Minister has just gone; what he has is an appointment and not an engagement.
So, that is withdrawn; let us make progress.
Mr Ahiafor 1:44 p.m.
Mr Speaker, before you put the Question, clause 49 (1), there is a template, so, we would urge the draftspersons to help us with the template.
Mr Speaker, it reads, with your permission 1:44 p.m.
“…the books of accounts, records, returns and other documents relevant to the accounts”.
That is the template we have been using. So, we must adopt the same for clause 49 (1).
Mr Speaker 1:44 p.m.
Very well.
This is a consequential directive.
Mr Banda 1:44 p.m.
Mr Speaker, I have a further amendment in respect of clause 49 (5) which should read:
“(5) A real estate broker or a real estate agent shall keep the transaction records of the real estate broker or the real estate agent for a period of at least five years.”
It should not be plural because it refers to the same person.
Mr Chireh 1:44 p.m.
Mr Speaker, he knows ‘a record' to be singular. It is not so! This implies that they are keeping records. In fact, they must keep records of every transaction they make and it is mandatory for them to keep those records for five years.
Mr Banda 1:44 p.m.
Mr Speaker, I am not referring to that.
Mr Speaker 1:44 p.m.
Hon Chairman of the Committee, just a moment.
Alhaji I. A. B. Fuseini 1:44 p.m.
Mr Speaker, he is just saying drafting- wise, it appears the provision is problematic. It says:
“A real estate broker or a real estate agent…”
So, a responsibility is being put on a broker or an agent to keep transaction records of that broker or that agent for a period of at least five years. So, whatever transactions that real estate broker is engaged in, he or she is by this law enjoined to keep the records for at least five years. So, the Hon Chairman of the Constitu- tional, Legal and Parliamentary Affairs Committee is redrafting it to bring it out clearer because in the second line, they are talking about “real estate brokers”. It is that broker who has to keep his own records for at least five

years. That is a requirement by this law. So, it should read:

“(5) A real estate broker or a real estate agent shall keep the transaction records of the real estate broker or real estate agent for a period of at least five years.”
Mr Banda 1:44 p.m.
Mr Speaker, that is exactly what I was referring to.
Mr Speaker 1:44 p.m.
All right, so, you would take it as a polished version and fully rendered.
Question put and amendment agreed to.
Clause 49 as amended ordered to stand part of the Bill.
Mr Speaker 1:54 p.m.
Hon Members, relevant portions should be considered by the draftspersons accordingly.

Clause 50 -- Other records to be kept by real estate broker
Nana Amoakoh 1:54 p.m.
Mr Speaker, I beg to move, opening phrase, lines 1 and 2, delete “which contain among others, details”.
Mr Ahiafor 1:54 p.m.
Mr Speaker, I support the amendment; it is consequential.
Question put and amendment agreed to.
Mr Speaker 1:54 p.m.
Hon Members, considering the Business before us and the time, I direct that Business extends beyond the prescribed Sitting hours.
Clause 56?
Mr Chireh 1:54 p.m.
Mr Speaker, there is a second amendment to clause 50. We are adding a paragraph and so --
Mr Speaker 1:54 p.m.
It is not advertised, but you may.
Some Hon Members 1:54 p.m.
Mr Speaker, it is advertised.
Mr Speaker 1:54 p.m.
My eyes see only one but it does not matter.
Nana Amoakoh 1:54 p.m.
Mr Speaker, I beg to move, add the following new paragraph:
“any other relevant information”.
Question put and amendment agreed to.
Clause 50 as amended ordered to stand part of the Bill.
Mr Speaker 1:54 p.m.
Yes, Hon Chairman, where do we go?
Mr Banda 1:54 p.m.
Mr Speaker, I have one proposed amendment to clause
51.
Clause 51 -- Annual report of real estate broker
Mr Banda 1:54 p.m.
Mr Speaker, clause 51 should read; “a real estate broker shall within three months after the end of each calendar year submit to the Council a report covering the real estate transactions undertaken by the real estate broker and the real estate agents of that real estate broker in the previous year”.
Mr Speaker 1:54 p.m.
Hon Chairman, if you say “all transactions”, would you not be saving us a lot of trouble? It is just a suggestion but you may.
Mr Banda 1:54 p.m.
Mr Speaker, what I said and which I am taking from the second line is that: “covering the real estate transactions undertaken by the real estate broker and the real estate agent of that real estate in the previous year”. That captures the sense.
Question put and amendment agreed to.
Clause 51 as amended ordered to stand part of the Bill.
Clauses 52 and 53 ordered to stand part of the Bill.
Clause 54 -- Regulations
Nana Amoakoh 1:54 p.m.
Mr Speaker, I beg to move, opening phrase, line 2, delete “for”.
Question put and amendment agreed to.
Clause 54 ordered to stand part of the Bill.
Clause 55 -- Guidelines
Nana Amoakoh 1:54 p.m.
Mr Speaker, I beg to move, line 1, after “may”, insert “in consultation with the Financial Intelligence Centre”.
Question put and amendment agreed to.
Clause 55 as amended ordered to stand part of the Bill.
Clause 56 -- Interpretation
Nana Amoakoh 1:54 p.m.
Mr Speaker, I beg to move, Interpretation of “mortgage bond”, delete.
Question put and amendment agreed to.
Mr Banda 1:54 p.m.
Mr Speaker, the definition is apt and subject to the consequential amendment by the insertion of “real estate” before “broker” and “agent”.
Mr S. Mahama 1:54 p.m.
Mr Speaker, under “interpretation”, I was just wondering why we have to define “quarter”.
An Hon Member 1:54 p.m.
He just came in.
Mr Speaker 2:04 p.m.
The time of arrival has nothing to do with one's capacity. Maybe, we are lucky that he has come to infuse fresh talent into the process.

Hon Chairman, you have not indicated your acceptance or otherwise of that proposed amendment.
Alhaji I. A. B. Fuseini 2:04 p.m.
Mr Speaker, we have finished with the Interpretation so you have to put the Question on the entire clause 56 then we can move to clause 57.
Mr Speaker 2:04 p.m.
Hon Chairman, so item numbered (xl) is abandoned and the Question would be put on the entire clause 56. Is that clear?
Nana Amoakoh 2:04 p.m.
Mr Speaker, yes.
Clause 56 item numbered (xl)
Mr Speaker 2:04 p.m.
Hon Members, so I would put the Question on the entire clause 56.
Question put and amendment agreed to.
Clause 56 as amended ordered to stand part of the Bill.
Mr Speaker 2:04 p.m.
Hon Members, there is one other issue that we did not deal with and I would order that the Hon Leaders and the members of
the winnowing committee should kindly meet and process that aspect. The next time we meet we would finish with that in a few minutes.
Alhaji I. A. B. Fuseini 2:04 p.m.
Mr Speaker, there are no advertised amendments for clauses 57, 58 and 59. So, we can just take these remaining clauses.
Mr Speaker 2:04 p.m.
Very well.
Clause 57 and 58 ordered to stand part of the Bill.
Clause 59 - Application of the Anti-Money Laundering Act, 2008 (Act 749)
Mr Banda 2:04 p.m.
Mr Speaker, there is no advertised amendment but I beg to tidy it up.
I beg to move, line 1, delete “as one”.
Mr Speaker, it does not make it elegant. So, it would now read 2:04 p.m.
“This Act shall be read with the Anti-Money Laundering Act of 2008 (Act 749) and where there is any conflict, the provisions of Act 749 shall prevail.”
Mr Speaker 2:04 p.m.
Do you mean it would be read in “conjunction with”?
Mr S. Mahama 2:04 p.m.
Mr Speaker, it should rather be “together with”. That makes it more elegant.
Mr Chireh 2:04 p.m.
Mr Speaker, the connotation of “together with” is better than in “conjunction with”. So, it should read:
“This Act shall be read together with the Anti-Money Laundering Act of 2008 (Act 749) and where there is any conflict, the provisions of Act 749 shall prevail.”
Alhaji I. A. B. Fuseini 2:04 p.m.
Mr Speaker, I think that an Act being read “together with” or “in conjunction with” are used interchangeably. It is a matter of semantics.
Mr Speaker 2:04 p.m.
So, which one should we take?
Alhaji I. A. B. Fuseini 2:04 p.m.
Because I am a student of the Rt Hon Speaker, I am inclined to go with the Speaker but I do not know where the Speaker stands now.
Mr Speaker 2:04 p.m.
I would put the Question on “together with”.
Question put and amendment agreed to.

Clause 59 as amended ordered to stand part of the Bill.
Mr Speaker 2:04 p.m.
Hon Chairman, when the winnowing committee does its work and they direct us accordingly we shall do the Long Title and finish with this Bill.
Alhaji I. A. B. Fuseini 2:04 p.m.
Mr Speaker, I just want one direction from the Speaker to the draftpersons that anywhere “agents” stands alone, it should read “real estate agents”.
Mr Speaker 2:04 p.m.
Hon Members, I order that this should apply accordingly.
Mr Chireh 2:04 p.m.
Mr Speaker, the Title of the Bill is “Real Estate Agency Bill, 2020” but that is not what we are doing. We are actually creating a Council so you can refer this to the winnowing committee to include it in their discussion for it to read “Real Estate Agency Council Bill, 2020”.
Mr Speaker 2:14 p.m.
Very well. We can do this and any other issue on
Monday and finish with them within 10 minutes.

Hon Members, Order! It is past 2.00 pm, and I am adjourning the House.

Hon Members, thank you very much for your cooperation.
ADJOURNMENT 2:14 p.m.
  • The House was adjourned at 2.16 p.m. till Monday, 26th October, 2020 at 10.00 a.m.