Debates of 27 Oct 2020

MR SPEAKER
PRAYERS 11:28 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:28 a.m.
Mr Speaker 11:28 a.m.
Hon Members, Votes and Proceedings of Monday, 26th October, 2020.
Page 1…28
Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 11:28 a.m.
Mr Speaker, yesterday morning, I was not here when the Consideration Stage of the Real Estate Agency Bill was concluded. I just noticed that the Short Title was changed from Real Estate Agency Bill to Real Estate Agency Council Bill. I feel that it is inappropriate because the Agency is not only about the Authority but about all services that go into the practice of real estate agency. The Real Estate Agency is defined to include not only the activities of brokers and agents but commercial transactions.
Mr Kwame Governs Agbodza 11:28 a.m.
Mr Speaker, I can understand the reason the Hon Majority Leader said this. We were convinced that the Bill is not only about the Agency, but also involves a Council to regulate all activities across board in terms of real estate transactions. If we leave it as “Real Estate Agency”, people would get the impression that we are creating an Agency which we are not. We are
creating a Council to supervise and regulate all activities in the spectrum of real estate agency. I think that we even had this argument last week and when Hon Yieleh Chireh brought it up, we thought it was reasonable but the good thing is that the Hon Majority Leader said that we should reconsider it.
There was another clause which made us unable to complete the Bill yesterday, so we are surely coming back to it anyway. Maybe, in that interval, we can address it holistically and come up with a unified position.
Mr Kyei-Mensah-Bonsu 11:28 a.m.
Mr Speaker, I thank my Hon Colleague for the appreciation of the issue. When you want to deal with the establishment of a Council as the pivot for any Bill, the first clause would then establish the Agency Council but that is not so. The first clause establishes the Agency and that is what we should know, that it is about the operations of the Agency.
I think that at the outset, people misunderstood what was meant by Real Estate Agency and that is why they brought in the pivotal role of the Council. However, it is not about the Council, so you see, when you want to establish any Authority, clause 1 would establish the Authority. This is
not so, but it establishes the Agency and when we come to clause 2, we are establishing the Real Estate Agency Council.
So, you would see that the whole structure would have to change if you insist. So, they got it wrong and as I said, maybe when it comes to continuation of the Consideration Stage, we would see what to do.
Mr Kyei-Mensah-Bonsu 11:38 a.m.
Mr Speaker, with that understanding, we could go on and as I said, when we come back, we would see what to do.
Mr Speaker 11:38 a.m.
Yes, and during which time there would have been more consultation.
Page 26...28.
Mr Speaker 11:38 a.m.
Hon Members, at the Commencement of Public Business -- Presentation of Papers.
Item numbered 4 (a), by the Hon Chairman of the Roads and Transport Committee.

-- rose --
Mr Speaker 11:38 a.m.
Yes, Hon Member?
Mr Agbodza 11:38 a.m.
Mr Speaker, the Hon Chairman of the Committee is not available but we have consensus, so I would want to lay the Paper on behalf of the Committee.
Mr Speaker 11:38 a.m.
Very well.
PAPERS 11:38 a.m.
Mr Speaker 11:38 a.m.
Item numbered (4) (b), by the Hon Chairman of the Constitutional, Legal and Parlia- mentary Affairs Committee.
Mr Kyei-Mensah-Bonsu 11:38 a.m.
Mr Speaker, I understand the Committee has met and again there is no much disagreement, so on behalf of the Hon Chairman of the Committee, I would want to crave your indulgence to allow the Hon Member for Yilo Krobo, Mr Amoatey, who is an Hon Member of the Committee, to lay the Paper on behalf of the Committee.
By Mr Magnus Kofi Amoatey on behalf of the (Chairman of the Committee) --
Report of the Committee on Constitutional, Legal and Parlia- mentary Affairs on the Plant Variety Protection Bill, 2020.
Mr Speaker 11:38 a.m.
Item numbered 4 (c) (i).
Mr Kyei-Mensah-Bonsu 11:38 a.m.
Mr Speaker, I do not know the status of the Report of the Subsidiary Legislation Committee. I do not know whether the Hon Member for Yilo Krobo, Mr Amoatey is part of the Committee - I think he is part. If they have finished the consideration, he may want to lay the Paper on behalf of the Committee, in respect of item numbered 4 (c) (i) and (ii).
By Mr Magnus Kofi Amoatey on behalf of the (Chairman of the Committee) --
Report of the Committee on Subsidiary Legislation on the Transfer Pricing Regulations,
2020 (L.I. 2412).
Report of the Committee on Subsidiary Legislation on the Public Utilities Regulatory
Commission (Consumer Ser- vice) Regulations, 2020 (L.I.
2413).
Mr Speaker 11:38 a.m.
Item numbered (5) -- Presentation and First Reading of Bills, by the Hon Minister for Foreign Affairs and Regional Integration.
Mr Kyei-Mensah-Bonsu 11:38 a.m.
Mr Speaker, if you would indulge me, I would present the Bill on behalf of the Hon Minister for Foreign Affairs and Regional Integration?
BILLS -- FIRST READING 11:38 a.m.
Mr Speaker 11:38 a.m.
Item numbered 6 -- Motion.
Mr Kyei-Mensah-Bonsu 11:38 a.m.
Mr Speaker, I want us to vary the order of Business and take item numbered
(10).
Mr Speaker 11:38 a.m.
Hon Members, item numbered (10) -- the Real Estate Agency Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 11:38 a.m.
STAGE 11:38 a.m.
Chairman of the Committee (Nana Amoakoh) 11:38 a.m.
Mr Speaker, I beg to move, clause 56, Interpretation of “serious offence”, delete and insert the following:
“Serious offence' includes
(a) participating in an organised criminal group, terrorism and terrorist financing, money
Mr Haruna Iddrisu 11:48 a.m.
Mr Speaker, I can understand the amendment proposed by the Hon Chairman of the Committee but under the Constitution, every criminal offence necessarily must be defined in law and its constituent parts clarified as well.
When we say, “participating in an organise criminal group”, a person can commit the crime as an individual. He
does not need to belong to a group. So, my first difficulty is with the use of the word “group”. The word, “group” has to go. It could be “participating in a high crime” or “participating in an organised crime”. We do not have to say “…criminal group”.
Mr Speaker, then, if we come further, we have “people smuggling” in there. What crime is called “people smuggling”? We have already put in “human trafficking” so we cannot add the words “people smuggling”. If we want to say “smuggling” we should say so but we should not say “people smuggling” when we have human trafficking.
Mr Speaker, then when we go further, we have “illicit trafficking in stolen and other goods, corruption and bribery, serious fraud, counterfeiting and piracy of products, smuggling and extortion”. If we even go back to the Criminal Code, do we have serious offence under it? We seemed just to be loading terms.
I know that the Constitution, for instance, in article 94 uses high crime. Is that what we want? Article 94 uses a person convicted of high crime and not serious offence. So, I have difficulty with the use of the phrases, “criminal group” and “people smuggling”; “rape and defilement” can
stand. “Counterfeiting” should just stand alone; “piracy of products” can stand alone. It should end there. The first “and” must also be expunged.
Mr Speaker, then, where is “market manipulation” defined as a serious offence? Because we have used the phrase “serious offence” anything we are defining must be a criminal offence as anticipated under the Criminal Code and its associated amendments. We now have the Ghana Stock Exchange (GSE) and we have the New York Stock Exchange (NYSE). Those activities can go on. Will we be able to punish them for market manipulation?
Mr Speaker, we should not associate somebody with a crime that we are not capable of getting the person; what is market manipulation?
Mr Speaker, then we go further to paragraph (b) 11:48 a.m.
“murder, grievous bodily harm, armed robbery or theft”.
The Criminal Code does not know “theft”; it knows stealing. If you would want to say “stealing”, say so. These are predicate offences for a serious offence. There is something wrong with the construction. If we are listing, we should list.
We do not need to add “predicate offences for a serious offence”. They have defined them as “offences” already, so, we cannot add the words, “where there are predicate offences for a serious offence”. I beg to move that we delete those words.
Mr Speaker, in paragraph (c) 11:48 a.m.
“(c) any other similar or related, prohibited activity punishable with imprisonment for a period of not less than twelve months.”
Twelve months is just one year. Is it punishment for those offences that we have defined twelve months? Is punishment for murder twelve months? Is punishment for stealing twelve months? We would need to tie it up with what is permissible under Ghanaian law.
I thank you, Mr Speaker.
Mr Ras Mubarak 11:48 a.m.
Mr Speaker, I support it but there is a small adjustment as well in the use of the words “counterfeiting and piracy of products”. They are the same used interchangeably, so, I would also further encourage that we use one of them. If we are using counterfeiting, let us stick to that because it is the making of the exact copy of the same thing.

Speaker, I have listened to the Hon Minority Leader and I think the definition of serious offence is borrowed from the Mutual Legal Assistance Act, 2010 (Act 807). This definition replicates what is in the Act 807. It is word for word but I agree with the Hon Minority Leader that there are some areas that we still could improve because the one relating to market manipulation, for instance - In one of the most recent Bills that we have passed, we are relating to financial dealings that would affect the stability of the currency and the economy. We just passed a Bill that used that construction, if the Table officers could assist? So perhaps, we can clean that one up.

Market manipulation relates to an offence that we described as having an effect on the stability of the financial system. What law was it? It was most recently that we passed it, so, we may have to look at that.

Mr Speaker, the other one that he related to with respect to “theft”, again, I believe I would want to agree with him even though, as I said, it is borrowed from Act 807 that we passed in 2010. Sometimes, some of these matters, if one is not around, they have a way of being under the carpet. I think it is good he has drawn our attention to it. We may need to

look at substituting the word “theft” with “stealing” and also “market manipulation” with “financial stability”. I think it is just two weeks ago that we went through that Act. So, let us see how to clean that portion. Apart from that, I think that the definition fits into what the House has adopted and indeed the Act 807.
Mr Haruna Iddrisu 11:48 a.m.
Mr Speaker, I do agree with the Hon Majority Leader and therefore, you can put the Question and direct the draftspersons to relate it to those laws.
Mr Speaker, but in paragraph (c), if the Hon Chairman of the Committee has no objection, I may want to add with your leave and indulgence:
“any other similar offence or prohibited activity punishable with imprisonment”.
This would improve it if he has no objection to it, other than that, his amendment reads:
“(c) any other similar or related, prohibited activity”.
Mr Speaker, not all prohibited activities are offences. Therefore, it should read 11:48 a.m.
“any other similar offence or prohibited activity…”
Mr Speaker, I do agree with the Hon Majority Leader that “theft” be substituted with “stealing” except that the Majority Leader and the Chairman of the Committee have not responded. Yes, we may have borrowed from Act 807. Probably, that day we were not diligent enough. When we say “criminal group”, what if the person does it as an individual?
The Learned Attorney-General and Minister for Justice should help us?
Mr Owusu Collins Amankwah 11:58 a.m.
Mr Speaker, respectfully, the amendment proposed by the Hon Minority Leader is in our statute.
With your permission, I read: Criminal Offences Amendment Act, 2012 section 200 A and B inserted.
“Organised Criminal Group
200A (1) “A person who participates in an activity of an organised criminal group commits an offence and is liable on conviction to a maximum penalty of death and to a minimum penalty of not less than five years imprisonment.”
So, it is in the law.
Nana Amoakoh 11:58 a.m.
Mr Speaker, the Hon Member raised a point that he has not seen an individual participating in an organised group.
Mr Kyei-Mensah-Bonsu 11:58 a.m.
Mr Speaker, if I understood the Hon Minority Leader well, he meant to say that a serious offence should not be limited to a person participating in an organised criminal group. However, if that person acts alone, he or she should be caught by the law.
I agree with him except that when you read the definition carefully, it says, criminal offence includes; ‘participating in an organised criminal group'. That is the first one. The second one says, “terrorism” and this one has to do with an individual. The rest that follows are all individual commissions and so, I think he is --
Mr Speaker 11:58 a.m.
Therefore, how will our final rendition read?
Mr Kyei-Mensah-Bonsu 11:58 a.m.
Mr Speaker, so, I think the concerns are taken care of by the subsequent --
Mr Speaker 11:58 a.m.
The Hon Minority Leader attempted a subparagraph (d).
Mr Kyei-Mensah-Bonsu 11:58 a.m.
Mr Speaker, not only did I think that we could, delete the “group”, but we could also put it as follows;
Mr Speaker 11:58 a.m.
Having said that, I would want the Hon Chairman or the --
Mr Kyei-Mensah-Bonsu 11:58 a.m.
Mr Speaker, as part of the Palermo Convention, these words have been adopted by this country, so they directly ensue from the Palermo Convention. However, as we do know, Conventions and Treaties that are ratified by the country and Parliament must be domesticated. In our domestic law, how does it find expression? We do not have “theft” but rather, “stealing”.
Mr Speaker, I share the concern of the Hon Minority Leader as far as paragraph (b) is concerned; we can substitute “stealing” for “theft” and for “people smuggling”, I think it is going to be there. This is because we have “human trafficking” and “people smuggling”. Maybe, we would have said; ‘smuggling of people' and not “people smuggling” but that is how it
is and I guess we can live with it. However, with the “theft”, we should substitute it for “stealing” and I think it will be well covered.
Mr Speaker, I beg to move, sub- paragraph (b), line 2, delete “theft” and insert “stealing”.
Mr Speaker 11:58 a.m.
Exactly.
Question put and amendment agreed to.
Mr Speaker 11:58 a.m.
What else do we have? If there is any need, the draftspersons should kindly take care of this incongruous with other laws.
Hon Chairman, should I put the Question as a whole for the entire clause?
Nana Amoakoh 11:58 a.m.
Mr Speaker, yes. I agree with just what has been suggested by the Hon Majority Leader.
Mr Iddrisu 11:58 a.m.
Mr Speaker, I beg to move, clause 56 (c)
“any other similar or related offence or prohibited activity punishable with imprisonment for a period not less than twelve months”.
Mr Speaker 11:58 a.m.
In fact, this was the tangent on which the Hon Majority Leader led us in the first place.
Mr Kyei-Mensah-Bonsu 11:58 a.m.
Mr Speaker, just for the avoidance of doubt, the subparagraph (c) that the Hon Minority Leader is proposing that we amend and which should read: “any other similar or related offence”. We are not deleting the “related”.
Mr Speaker, so it will read 11:58 a.m.
“any other similar or related offence, prohibited activity punishable with imprisonment for a period of not less than twelve months”.
Question put and amendment agreed to.
Clause 56 as amended ordered to stand part of the Bill.
Mr Speaker 11:58 a.m.
Hon Chairman, do we have anything before we get to the Long Title?
Mr Kyei-Mensah-Bonsu 12:08 p.m.
Mr Speaker, respectfully, as I indicated, I want us to have a second look at the ‘Real Estate Agency Council Bill' that has been proposed and indeed, accepted by the House.
An amendment for the Short Title was moved by the Hon Member for Wa Central. He said it should rather read: “Council” so that instead of “Real Estate Agency Bill”, it will read: ‘Real Estate Agency Council Bill'.
Mr Speaker, I beg to disagree and I think that we should revert to the status quo. It should rather read: “Real Estate Agency Bill”. I say so because if we look at the memorandum to this Bill, it provides, and with your permission, I read:
‘The purpose is to regulate real estate agency practice, the conduct of real estate practi- tioners, commercial transactions in real estate including the sale, purchase, rental and leasing of real estate, as well as other real estate transactions'.
Mr Speaker, that is the purpose and it is adequately captured by the memorandum that should state the object of the Bill. The ‘Council' exists and rightly so, to ensure the regularity in the conduct of activities within the Agency. However, it is not entirely about the establishment of the Real Estate Agency Council.

As I said, wherever we have a Bill to establish an Authority or Agency, the first clause would establish the Agency. Here, it sets out the application of the Bill in Clause 1 but Clause 2 talks about the establishment of the agency to regulate the practice as indicated in Clause 1 of the Bill.
Mr Iddrisu 12:08 p.m.
Mr Speaker, I would disagree and persuade the Hon Majority Leader to allow sleeping dogs lie because the headnote of Clause 2 reads “Establishment of the Real Estate Agency Council” and the headnote of Clause 3 reads “Objects of the Council”.
So, we can decide whether we are creating an Agency, a Council or an Authority. This featured prominently when we considered Clause 4; “Functions of the Council”. We did not say ‘Functions of the Agency' rather we said “Functions of the Council”. So, we should note the headings of Clause 2, Clause 3 and Clause 4 and have ‘The Real Estate Agency Council Bill, 2020'.
Mr Speaker, even the promoters of the Bill have put on page 5 “Real Estate Agency Council”. We are creating a Council to oversee the Agency and so if we leave it as it is it would be better. The reasons we are giving is that Clause 2, Clause 3 and Clause 4 are talking about a Council. Furthermore, Clause 5 talks about the Governing of the Council and the Explanatory Memorandum also has
the words “Real Estate Agency Council”. Mr Speaker, the Hon Majority Leader should not disturb it because we are done with the Bill and it should read “Real Estate Agency Council Bill, 2020”. This is what is intended and we should maintain it.

You would not get it because I disagree with you. I am not convinced and I am not persuaded to support it.
Mr Kyei-Mensah-Bonsu 12:08 p.m.
Mr Speaker, I am sorry that the Hon Minority Leader is not following what I am saying. I am suggesting strongly to him that the first Clause of any Bill that establishes any Authority deals with the establishment of that Authority, however, it is not like that in this Bill. I agree with the Hon Minority Leader that the face of the Agency is the Council as established by Clause 2, but the remit of this is not just about the establishment of a Council. That is not it.
If an Authority is to be established then Clause 1 of the Bill should establish the Authority, but it is not like that in this Bill. As I said, the face of it is the Agency; the vehicle for operationalising the activities of the Agency is the Council as established by Clause 2. Mr Speaker, this is without any debate, but any Bill that
sets out to create any Authority must have the first clause establishing it. It is not so by this Bill and that is the point I am making to my Hon Colleague but he is not following what I am saying.
Mr Speaker, my Hon Colleague should give me one example of any Bill that establishes any Authority where the Authority is not established by Clause 1. However, the function of the vehicle, which is the Council, is really established here by Clause 2.
Mr Speaker 12:08 p.m.
Can we take this through a Second Consideration Stage at the appropriate time?
Mr Iddrisu 12:08 p.m.
Mr Speaker, you are a lawyer -- the Short Title is derived from the Long Title. The Long Title reads: “AN ACT to establish the Real Estate Agency Council …” This is in clear words - expressio unius rule. It is express that “AN ACT to establish the Real Estate Agency Council …” So, the Short Title is a derivation from the Long Title.
Mr Speaker, the Short Title wrongly reads “Real Estate Agency Act” without the “Council”. So, Hon Chireh sought to improve it to match it with what is in the original Bill. This is not new.
Mr Speaker, the author of the authoritative Clause on these things -- the Short Title is derived from the Long Title and the Long Title reads “AN ACT to establish the Real Estate Agency Council …” This is what the promoters of the Bill brought and when the Hon Colleague noticed that the “Council” was not added to the Short Title, he sought to add it.
Mr Speaker, we are done with the Bill and the Hon Majority Leader has been successful with the One Day One Bill so he should let this one pass.
Mr Speaker 12:08 p.m.
Hon Chairman, can we deal with the Long Title?
Nana Amoakoh 12:08 p.m.
Mr Speaker, we can adopt the ‘Real Estate Agency Council' as --

Mr Speaker, we should just leave out the “Council” so that it would read the “Real Estate Agency Bill, 2020”.
Mr Speaker 12:08 p.m.
Can the Hon Leaders bring us onto dry land?
Nana Amoakoh 12:08 p.m.
Mr Speaker, the purpose of the Bill as stated in the Memorandum is to regulate real estate agency practice so even though we
Mr Speaker 12:08 p.m.
Hon Chairman, are we moving backward or forward?
Nana Amoakoh 12:08 p.m.
Mr Speaker, we are going forward.
Mr Speaker 12:08 p.m.
In going forward, where do you want to take us?
Nana Amoakoh 12:18 p.m.
Mr Speaker, we would stick to the Short Title as “Real Estate Agency Bill, 2020” without the “Council”
Mr Kwame Governs Agbodza 12:18 p.m.
Mr Speaker, I am worried. It is because, yesterday, the Hon Chairman was obviously in support of the amendment. So now that he has changed his mind a few hours from now, he should tell us why he changed his mind from what we agreed on yesterday so that we can follow him?
Was he intimidated by the Hon Majority Leader?
Nana Amoakoh 12:18 p.m.
He is the Hon Majority Leader. I am not intimidated by anybody. Everyone has presented his argument, and I felt the right way to do it was to delete “Council” and revert to the original which was presented in the First Reading. He is the Leader, but we can agree and disagree. When it comes to these matters, we agree to what he just said.
Mr Speaker 12:18 p.m.
Hon Chairman, if you were to move on so as to retain the Long Title regarding which there is no advertised amendment, we can conclude this Business.
Nana Amoakoh 12:18 p.m.
Mr Speaker, let me consult with the Leader.
Mr Speaker 12:18 p.m.
Yes, Hon Member?
Mr Richard M. K. Quashigah 12:18 p.m.
Mr Speaker, as much as I appreciate the point raised by the Hon Majority Leader in which he is trying to tell us that the Real Estate Agency encompasses the entire spectrum of that industry for which reason he says it should remain “Real Estate Agency Bill” as captured by the Short Title, it would then mean that the Long Title should also change.
It should read: “An ACT to establish the Real Estate Agency to regulate …” The reason is that, the Long Title obviously gives flesh to the
Short Title. Anybody who reads the details, which is the Long Title, would come to the conclusion that the focus is on the Council and not the Agency.
So if we are maintaining the Short Title as “Real Estate Agency Bill”, then it must rhyme with the Long Title by the deletion of the word “Council”.
Mr Speaker 12:18 p.m.
Hon Members, the two Leaders should conclude. After that, I might have to put this through a Second Consideration Stage.
So Hon Minority Leader?
Mr Iddrisu 12:18 p.m.
Mr Speaker, as a student of law, as you are aware, we studied recitals. The recitals have the Short Title and the Long Title. The Long Title reads: “An ACT to establish the Real Estate Agency Council …” We can lose, but I would want to vote on record that I insisted that the Short Title is derived from the Long Title.
They have changed the Short Title to read “Real Estate Agency Bill, 2020. Consistent with this wrong title which I do not support, the Long Title must now read “An ACT to establish the Real Estate Agency…” We should delete the word “Council”.
It is against my conscience to support it, but I am supporting it because he has promoted the same Short Title, even though it does not sit in tandem with clauses 2, 3, 4 and 5 of the Bill. Since the Hon Chairman is frightened by the “He who must be obeyed Majority Leader”, on record, I would want to vote against it.
I studied recitals; Short Titles are derived from Long Titles in the little law I studied. Mr Speaker, you have been a Minister, and I have been a Minister before.
They took it to Cabinet; did the Minister not read it? He read and promoted this Long Title at Cabinet. Cabinet did not even correct it. They brought it with the same Long Title -- “An ACT to establish the Real Estate Agency Council Bill”. Then they come here, we improve it --

Mr Speaker, the Hon Member has been a good presider over these
Mr Kyei-Mensah-Bonsu 12:18 p.m.
Mr Speaker, my colleague has this penchant of always reducing everything to party politics. What we are saying is that, for a Bill that comes to this House, there is an accompanying Memorandum that sets out in details the policy and principles of the Bill and the defects of the existing laws.
Mr Speaker, we are talking about how to regulate the activities of Real Estate practitioners, the Agency. Now what vehicle do we use to control that? It is the Real Estate Agency Council. This has nothing to do with partisanship.
When you read the Memorandum, it provides in the first paragraph that:
“The purpose of this Bill is to regulate real estate agency practice, the conduct of real estate practitioners, commercial transactions in real estate including sales, purchases, rentals and the leasing of real estate as well as other real estate transactions.”
Mr Speaker, further to that, I am just saying that if a Bill sets out
purposely to create an agency, the first clause deals with the establishment. Here it is not like that. It is to regulate the activities. The vehicle to do the regulation is the Council.
What is the National Democratic Congress (NDC), New Patriotic Party (NPP), Convention People's Party (CPP) and People's National Convention (PNC) in this? I am surprised my colleague is now taking us on another path. It has nothing to do with that at all.
We are trying to rationalise why we have this. If he insists that he thinks the “Agency” should be there and we would rationalise it, there is nothing wrong with it. But for God's sake, it is not everything that we do in this House that has partisan connotations. This has nothing to do with that. The argument that I am proffering is not based on NPP manifesto or CPP manifesto. I am taking inspiration from the Constitution and the Memorandum of the Bill, and so let us reduce it to that and not tow any party line.
Mr Speaker 12:28 p.m.
This matter would remain suspended. I ask the two Leaders to consult with each other. We would call back the matter as the first item tomorrow morning, and I would look forward to a consensus
response. This is because we have come to the end of a matter, and actually, the way it is dragging is to say the least, unfortunate.

Item numbered 13. We are at the tail end of the Consideration Stage so let us live in the spirit of Consideration Stage, where it is give and take.

Item numbered 13, Institute of Chartered Accountants, Ghana Bill, 2020 at the Consideration Stage.

Let us make progress. I am sure the Hon Chairman is ready?
BILLS -- CONSIDERATION 12:28 p.m.
STAGE 12:28 p.m.
Chairman of the Committee (Mr William A. Quaittoo) 12:28 p.m.
Mr Speaker, clause 2, subclause (1), paragraph (b), line 1, delete “Vice Presidents and the four” and insert “Vice-President and the five”.
Mr Speaker, yesterday, we changed the composition - we deleted the purpose of having a second Vice President and we allowed only one Vice President. So we do not have “Vice Presidents” now; we have “Vice President”. We also added to the number that would be selected from the general assembly by one, so the number moved from four to five. That is why we are doing this amendment.
So the new rendition would read:
“From the elected President, the Vice President and the five other members of the Institute to the Council in the year when elections are held.”
Mr Speaker 12:28 p.m.
Thank you very much. Hon Members, that brings clarity to the Bill.
Question put and amendment agreed to.
Mr Quaittoo 12:28 p.m.
Mr Speaker, I beg to move, clause 4, subclause (4), line 2, delete “Vice Presidents” and insert “Vice-President”.
Question put and amendment agreed to.
Mr Quaittoo 12:28 p.m.
Mr Speaker, there is another amendment that has not
Mr Quaittoo 12:28 p.m.
Mr Speaker, I beg to move, clause 5, subclause (1), delete and insert the following:
“The President shall preside at all meetings of the Institute and
in the absence of the President, the Vice-President shall preside.”
Mr Kyei-Mensah-Bonsu 12:28 p.m.
Mr Speaker, I support the amendment moved by the Hon Chairman except to indicate that the use of the word “all” in line 1 does not add value to it. It could read:
“The President shall preside at meetings of the Institute and in the absence of the President, the Vice President shall preside.”
So he may move to delete the word “all” in line 1.
Mr Kyei-Mensah-Bonsu 12:28 p.m.
Mr Speaker, it should just read:
“The President shall preside at meetings of the Institute…”
We do not need the “all”.
Mr Speaker 12:28 p.m.
Shall the President preside at the meeting or over the meeting?
Mr Kyei-Mensah-Bonsu 12:38 p.m.
Mr Speaker, if you want the full complement, the President presides
over meetings but in the construct, always say, “At meetings, the President shall preside.”

That is what this one also means; that at meetings, the President shall preside. So when the Hon Member says, “the President shall preside at meetings of the Institute”, it is also correct.

Question put and amendment agreed to.
Mr Quaittoo 12:38 p.m.
Mr Speaker, I beg to move, Fourth Schedule, clause 5, subclause (2), lines 1 and 2, delete “President, the First Vice-President and the Second Vice-President” and insert “and Vice-President”.
So that it will read -- [Interruption] -- No, if we delete “the President”, it does not read well. I saw this yesterday, “the President” should be there. So, it should be, “delete the Vice-President and the Second Vice-President”. Let us read it and understand it -- [Interruption] -- if we look at what is in the Order Paper, let us all get it. So, if we delete “the President”, then it becomes -- [Interruption] -- Yes, so that is why I am saying that we do not have to
delete “the President”. So, we insert “President and Vice President”.
Mr Speaker 12:38 p.m.
Hon Chairman?
Mr Quaittoo 12:38 p.m.
Mr Speaker, “the President” should be there. What is on the Order Paper will not make the statement correct. It would read:
“In the absence of the President, the First Vice-President --
Mr Kyei-Mensah-Bonsu 12:38 p.m.
There is a comma after President. We do not start deletion by deleting a comma. Do you understand?
Mr Quaittoo 12:38 p.m.
So then Mr Speaker, this is how the Hon Majority Leader wants me to do the amend- ment -- [Laughter] -- because I did it my own way and he said it should be his way.
Mr Speaker, I beg to move, Fourth Schedule, clause 5, subclause (2), lines 1 and 2, delete “President, the Vice President and the Second Vice President and insert “the President and Vice President”.
So, it will read:
“In the absence of the President and the Vice President, the chairperson who is a member of the Institute and present at the
Mr Quaittoo 12:38 p.m.
Mr Speaker, I beg to move, Fourth Schedule, clause 10, subclause (1), paragraph (a), line 1, delete “First”.
Mr Speaker 12:38 p.m.
So that it would read?
Mr Quaittoo 12:38 p.m.
Mr Speaker, so that it reads:
“In the event of the resignation, disqualification from office or death of
(a)The President, the Vice President shall hold office as President for the remaining term.”
It makes meaning when we read from the top.
Mr Speaker 12:38 p.m.
Hon Chairman, did I hear “for the meantime”?
Mr Quaittoo 12:38 p.m.
Mr Speaker, it is “…for the remaining term…” or for the remainder of the term.
Question put and amendment agreed to.
Mr Quaittoo 12:38 p.m.
Mr Speaker, I beg to move, Fourth Schedule, clause 10, subclause (1), paragraph (b), delete.
Mr Speaker, we are deleting that because we no longer have a second Vice President.
Question put and amendment agreed to.
Mr Quaittoo 12:38 p.m.
Mr Speaker, I beg to move, clause 5, Fourth Schedule, clause 10, subclause (1), paragraph (c), delete and insert the following:
“…the President and the Vice- President of the Institute shall elect two of its members to hold office as President and Vice- President for the remainder of the term;”
Mr Speaker, usually, we try to avoid the use of the possessive pronoun “its”, so we could also make a further amendment of what is on the Order Paper.
Mr Speaker, I beg to move, Fourth Schedule, clause 10, subclause (1), paragraph (c), delete “of its members” and insert “members of the Institute”.
So it will read:

Hon Leader, if you read from the top, then you will understand. Paragraph (c) says that, because we had First Vice-President and Second Vice-President, if you read from clause 10(1)(c), it says:

“In the event of the resignation, disqualification from office or death of the President and the First Vice President, the Second Vice-President shall hold office as President and the Institute shall elect two of its members to hold office as First and Second Vice-President for the remainder of the term”.

So this whole rendition does not hold again, because we do not have the Second Vice-President and that is why we are deleting the whole thing and replacing it with what we have here, which has also been further amended.
Mr Speaker, it reads 12:38 p.m.
“In the absence of the President and the Vice President …” -- [Interruption] -- No, we are reading from the top, please. It reads:
“In the event of the resignation, disqualification from office or death of the President, and the Vice President of the Institute --
Mr Kyei-Mensah-Bonsu 12:38 p.m.
So, who shall elect the two members?
Mr Quaittoo 12:48 p.m.
The Institute. I think there should be a comma there.
Mr Speaker, sorry, the word “of” in the first line should be deleted and then a comma placed in front of “the Vice President” -- [Interruption]- I am cleaning up what is on the Order Paper.
So it will read:
“In the absence of the President and the Vice President, the Institute shall elect two members of the Institute to hold office.”

The word “of” in the first line should be deleted.

Question put and amendment agreed to.
Mr Quaittoo 12:48 p.m.
Mr Speaker, I beg to move, clause 10, subclause (1), paragraph (d), delete.
Mr Speaker, we no longer need that subclause because we do not have a second Vice-President.
Question put and amendment agreed to.
Mr Speaker 12:48 p.m.
The subclause is accordingly deleted.
Hon Members, we would move on to the item numbered (ix), still on the Fourth Schedule.
Mr Quaittoo 12:48 p.m.
Mr Speaker, I beg to move, clause 10, subclause (1), paragraph (e), delete.
Mr Speaker, that is also because we do not have a second Vice- President.
Question put and amendment agreed to.
Mr Quaittoo 12:48 p.m.
Mr Speaker, I beg to move, clause 10, subclause (2), delete and insert the following:
“A Vice-President who leaves office because of the expiration of the term of office is eligible for election to the position of President.”
Question put and amendment agreed to.
Mr Speaker 12:48 p.m.
Hon Chairman, do we have any further amendment that affects the Fourth Schedule?
Mr Kyei-Mensah-Bonsu 12:48 p.m.
Mr Speaker, with the item numbered (x), I would want to suggest to the Hon Chairman that by way of further cleaning up, I think it should rather read:
“Where a Vice-President leaves office because of the expiration of the term of office that Vice- President is eligible for election to the position of President.”
I think that this is clean, and it is a better legal language.
Mr Speaker 12:48 p.m.
Essentially, it is only a matter of preference. So each is right; but I do not know if the Hon Chairman is inclined towards the adoption of the latter. However, I have seen both in laws. These are matters of draft preference. I have no doubt that the Hon Attorney-General and Minister for Justice would agree with me. It is a matter of style. The Hon Chairman and the Hon Majority Leader should agree on one style and let the House know.
Mr Quaittoo 12:48 p.m.
Mr Speaker, I have no problem with any of the two.
Mr Speaker 12:48 p.m.
You should however choose one, so that we would vote. [Pause]
Mr Quaittoo 12:48 p.m.
Mr Speaker, I would go with the Hon Majority Leader's rendition.
Question put and amendment agreed to.
Mr Speaker 12:48 p.m.
Hon Chairman, any further amendment to the Fourth Schedule?
Mr Quaittoo 12:48 p.m.
Mr Speaker, no. That is the end of the amendments on the Fourth Schedule.
The Fourth Schedule as amended ordered to stand part of the Bill.
Mr Speaker 12:48 p.m.
Hon Chairman, where do we go from here? Do we move on to the Long Title? I am advised that there is a Fifth Schedule.
Hon Chairman, is that correct? It seems as if there is no listed amendment on the Fifth Schedule, but if there is any, then you should tell us.
Mr Quaittoo 12:48 p.m.
Mr Speaker, no amendment has been advertised on the Fifth Schedule, but on clause 1, paragraph (a), line 3, the phrase “practice license” has been put in quotation marks, but I propose that
the quotation marks be taken off to read just practice license.
Question put and amendment agreed to.
The Fifth Schedule as amended ordered to stand part of the Bill.
The Long Title ordered to stand part of the Bill.
Mr Speaker 12:48 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, I believe that we have done well with the Consideration Stage of the Bill, so, I guess we could go on to the item listed as 14. [Pause] --
Mr Speaker 12:58 p.m.
Hon Members, that brings us to the end of the Consideration Stage of the Institute of Chartered Accountants, Ghana Bill, 2020.
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, as I said, we could deal with the items listed as 14 and 15 so let us take the item listed as 14 first.
Mr Speaker 12:58 p.m.
Hon Members, the item numbered 14; Motion, Hon Minister for Education?
Chairman of the Committee (Mr William Agyapong Quaittoo) 12:58 p.m.
Mr Speaker, I beg to support the Motion.
Question put and Motion agreed to.
Mr Speaker 12:58 p.m.
Hon Members, the item numbered 15, Hon Minister for Education?
BILLS -- THIRD READING 12:58 p.m.
Mr Speaker 12:58 p.m.
Hon Majority Leader, please from here where do we move to?
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, the Hon Attorney-General and Minister for Justice is here and she is available to do the items listed as 16 and 17. Unfortunately, the Chairman of the Committee on Constitutional, Legal and Parlia- mentary Affairs is not available. But he must be available to support the Minister in these two Motions so I would plead that we take a suspension of the House now and come back at 3 o'clock.
Mr Speaker, again, the Minister for Works and Housing is here and he could also assist us in what we were doing in respect of the Real Estate Agency Bill, 2020; the amendments that were proposed. We just said it should be taken through a Second Consideration Stage, but because of the directive that you have given that we should further consult, I would plead that we do not take it now. When we come back after the Suspension, we will come and take the two together; that is the Third Reading of the Real Estate Agency Bill, 2020 and the Second Reading of the Plant Variety Protection Bill,
2020.
Mr Speaker, if you indulge me, I would accordingly move that this Sitting be Suspended until three o'clock in the afternoon.
Mr Speaker 12:58 p.m.
Thank you very much.
Hon Members, considering the time, the moment and the business afore us, I direct that business be held beyond the regular hours and also, that the House Suspends Sitting and resumes at three o'clock in the afternoon.
Hon Members, thank you very much.
1.05 p. m. -- Sitting suspended.
3.26 p. m. -- Sitting resumed.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 12:58 p.m.
Hon Majority Leader, what next?
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, we were to deal with item numbered 12 this morning but the Rt Hon Speaker persuaded us to have some consultation on that. We have had the consultation, so before the Minister comes in to move for the Third Reading of the Bill as advertised on page 7 of today's Order Paper, I
would want to request the Chairman of the Committee to move for us to have a Second Consideration of the Bill.
Mr First Deputy Speaker 12:58 p.m.
Sorry, I do not understand you. You would request the Chairman to move? If the Chairman wants to move it, do you have to request it? [Laughter]
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, I could do it but because his Committee is in charge, he is here and he together with the Minister have been part of this negotiation, I thought that he would be in a better position to move the Motion. Other than that, I could do it myself.
Mr First Deputy Speaker 12:58 p.m.
Yes, available Leader?
Alhaji I. A. B. Fuseini 12:58 p.m.
Mr Speaker, today's Order Paper says that the seventh item would be the consideration of Bills, so we are still in the Consideration Stage. The Order Paper for Tuesday, 27th October, 2020 has the consideration of Bills as the seventh item and item numbered 7 (a) is the Real Estate Agency Bill.
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, I am not too sure that my Hon Colleague is reading today's Order Paper.
Alhaji I. A. B. Fuseini 12:58 p.m.
That is it, I am reading today's Order Paper.
Mr Kyei-Mensah-Bonsu 12:58 p.m.
The seventh item is a Motion.
Mr First Deputy Speaker 12:58 p.m.
He is reading the table of contents.
Alhaji I. A. B. Fuseini 12:58 p.m.
It is in the table of contents, so this is not the case where we are to do the Third Reading and then it could be arrested by a Motion. So, we could just continue with the Consideration Stage.
Mr First Deputy Speaker 12:58 p.m.
Yes, Hon Chairman of the Committee on Works and Housing, can I hear you? [Pause] [Interruption]
Mr Joseph Yieleh Chireh 12:58 p.m.
Mr Speaker, we did not finish the Bill, so we should now do the consideration since we did not finish it. So, we should be at the Consideration Stage because there is an outstanding clause as well as what we did yesterday.
Mr First Deputy Speaker 12:58 p.m.
There is no application before me and I am waiting.
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, I am appreciative of the issue raised by Hon Fuseini. When we got to clause 56, we had to stand it down because of some proposals made by
the Hon Minority Leader then. Eventually, we agreed to delete “theft” and insert “stealing” in clause 56 (b), line 2 which is on page 6.
Mr First Deputy Speaker 12:58 p.m.
So, let me go to the Consideration Stage. Hon Members, the Real Estate Agency Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 12:58 p.m.
STAGE 12:58 p.m.
Mr First Deputy Speaker 12:58 p.m.
Hon Majority Leader, now let me hear your application.
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, I am sorry. It appears I was in too much of a hurry. As I was saying for clause 56 (b), line 2, on the amendment proposed for the interpretation of “serious offence” as advertised, we are deleting the word “theft” and inserting “stealing”. So, it would read:
“murder, grievous bodily harm, armed robbery or stealing where there are predicate offences for a serious offence”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, it appears that there is an omission in clause 56 (c). In line 1, we should insert “offence” after “related”, so that it would read, “any other similar or related offence”.
Question put and amendment agreed to.
Alhaji I. A. B. Fuseini 12:58 p.m.
Mr Speaker, it should be “any other similar or related offence, or prohibited activity punishable with imprisonment for a period of not less than twelve months.”.
Mr Chireh 12:58 p.m.
Mr Speaker, the use of 12 months here cannot make it a serious offence. I think that the prohibited activity should have a punishment of at least three years. That would qualify it as a felony because a serious offence cannot be 12 months. We need to look at that.
Mr Kyei-Mensah-Bonsu 12:58 p.m.
Mr Speaker, ordinarily, I would agree with the Hon Member for Tamale Central but this is part of the convention that we have adopted, the Palermo Convention. We domesti- cated same in the Mutual Legal Assistance Act and used the same construct, so it is as though we are lifting it into this. Otherwise, even murder, serious fraud and others would attract 12 months. It is five
years and above. Fortunately, the construct here is not 12 months but rather “not less than twelve months”.
Five years can still fit and the person superintending who knows that our domestic laws does not go below five years, would certainly not go beneath 12 months. I think that we can take it like that.
Mr First Deputy Speaker 3:36 p.m.
So, can I put the Question on the entire clause 56?
Clause 56 as amended ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 3:36 p.m.
Mr Speaker, yesterday, the House took a decision to amend the short title. The House agreed that the short title should be amended and now that we are still within the realm of the Consideration Stage, I would want to plead that you relax the rules for us to go back to what was agreed on yesterday, to rescind the decision and have the status quo in respect of the short title that remains.
Mr Speaker, I beg to move that you rescind the decision taken on the amendment that we effected on the short title, to read:
Alhaji I. A. B. Fuseini 3:36 p.m.
Mr Speaker, I supported the amendment yesterday and that is why I think it is my duty to support him on the proposed amendment for restitution.
Mr Speaker, we considered the Bill comprehensively and it appeared that it sought to regulate real estate practice and in order to regulate that practice, the Bill contemplates the establishment of a Council as an instrument they would use for the regulation. So, the Bill does not intend as its purpose, the establishment of a Council. The purpose of the Bill is to regulate the practice. That is why I support the proposed amendment because we did not address our minds to the purpose of the Bill.
Mr Chireh 3:36 p.m.
Mr Speaker, I would have agreed fully with the reinstatement of the original short title but I want to make some points.
First, if we want to create an Agency to represent practice, then that Agency has to be defined. If we say “Real Estate Transaction'', in that case, there is the real estate
transaction, but a few days ago, the Hon Member for Adaklu, Mr Agbodza, said that Agency is the practice, but Agency cannot be the practice.
I do not know the meaning of “Agency'' in this matter but what we want to regulate is Real Estate Transactions, so they want it to be the “Real Estate Transaction Bill, 2020'', in which case the emphasis is on the regulated body.
I have no objection to that but my problem is that almost all the regulatory bodies in the Ministry of Works and Housing always end up with a Council. For example, Architects Council et cetera. The issue is whether we need a regulator and the answer is yes. Is this regulator the main focus? If we say it is not the main focus, then what is the main focus? It is about practice. It is either “Real Estate Practice'' or “Real Estate Transaction''. But if we say “Real Estate Agency'', we also do not want to confuse the ordinary readers of the laws.
In this country we have Commission, Council, Authority and Agency, so the moment anybody sees Agency, he or she may think of it as -- the Bill does not define “Agency'' to be the practice. Mr Speaker, is it the case that Agency use practice of their -- [Interruption] if so, is it defined?
Mr Kyei-Mensah-Bonsu 3:36 p.m.
Mr Speaker, the Bill is about regulating the practice which is the operations within the Agency and also commercial transactions. They are two things. So, it would regulate the activities within the Agency and also commercial transactions in real estates. -- [Interruption.]
Mr First Deputy Speaker 3:36 p.m.
Hon Majority Leader, I am sorry but I wanted to draw your attention to the long title, which is “to regulate real estate agency practice''. So, it is about those who are real estate agents but the Hon Member is also right when we look at the title which is “Real Estate Agency''. It is the confusion he has suggested we try to avoid, so that the Bill does not appear to talk about an establishment called real estate agency but to be able to say it is about those who operate as real estate agents and how they would be regulated; I do not know how we can couch it to avoid this seeming confusion but it is a real confusion.
Mr Kyei-Mensah-Bonsu 3:36 p.m.
Mr Speaker, I appreciate the distinction but it is not mainly about the establishment of the Council. This Bill would regulate the estate agency practice and also commercial transactions. It would be set out to do these two things and that is the mischief that has been identified.
The cure for it is the establishment of that Council to deal with it. So, it is not really about only the establishment of the Council but the identification of the mischief and how to deal with it. It is about real estate agency. However, if we want, we could add “Agency and Transactions Act'' but not “Council Act'' because as the fourth paragraph of the preamble establishes -- [Interruption] -- It is to heal the wounds of the Hon Member for Wa West -- [Laughter] --
Mr First Deputy Speaker 3:36 p.m.
We should first deal with the proposed amendment and then decide or probably, agree on the title that may -[ Interruption] I am not even sure whether however we couch it, we may obliterate the confusion but he suggested we could call it “Real Estate Agency and Transactions Act''.
Mr Akyea 3:46 p.m.
Mr Speaker, the seeming confusion is the understanding of “Agency''. The “Agency” here is a commercial activity. [Interruption] Yes, all the activities related to real estate. This is what we are trying to find a very good law to regulate and it is borne out by what the Hon Majority Leader read from the Memorandum and with your permission, Mr Speaker I read:
Mr First Deputy Speaker 3:46 p.m.
So, we can deal with Short Title and after that we would deal with the Long Title.
Mr Akyea 3:46 p.m.
Mr Speaker, let me also probably look at the purpose of the Memorandum. It also gives us a clear insight as to the reason for the Bill and that is what we have stated here.
Mr Speaker, so, with the greatest of respect, immediately we do not see that the agency is a transaction or an activity but we see the agency as an establishment, then the confusion is obvious.
Mr Speaker, also, one of the things that I would want to say is that, maybe, it is a linguistic problem. But for those who are lawmakers like us and those who would eventually interpret the law, that linguistic challenge would not arise because immediately one talks about real estate agency, we know that it is a commercial activity which we are trying to regulate within that context and not, we, trying to establish an agency like the nursing agencies in the United Kingdom.
We are trying to regulate an activity which we call “agency”. So, we see the fiduciary relationship between the landlord or the vendor and the buyer of a property. So, the one who is a go-between does some activity which we call the “real estate agency”. The activity of the go-between is what this law is seeking to regulate and that should not admit any double meaning.
Mr Kobina Tahir Hammond 3:46 p.m.
Mr Speaker, I am wondering why this is creating all sorts of difficulties. Yesterday, I had a call from London
and the information was that some estate agency has placed a board right in front of my house asking for people to rent if they want to rent a house. So, I kind of panicked and then called out to find out what exactly was going on because that is my property and human beings and whatever. So, I asked them what was going on?
Hence I had told them that if the signboard was not removed within the next five seconds they would be hit with the biggest law suit in their lives, two minutes later, information came. Quickly and smartly, rather apologetically, they got it all wrong; they were going to a different address.
Mr Speaker, the estate agent is not a difficulty. This is not a law of agency. That is not what we are talking about. If one is used to this real estate business, one would know the agency and agent we are talking about. Mr Speaker, no one should panic or get confused. It is not that difficult.
Mr First Deputy Speaker 3:46 p.m.
Hon Members, can we move to the amendment so that --?
Alhaji I. A. B. Fuseini 3:46 p.m.
Mr Speaker, I beg to move, short Title, delete “Council”.
Question put and amendment agreed to.
Short title as amended ordered to stand part of the Bill.
Mr Speaker 3:46 p.m.
The Long Title --
Mr Kyei-Mensah-Bonsu 3:46 p.m.
Mr Speaker, the Long Title now reads:
“AN ACT to establish the Real Estate Agency Council to regulate real estate agency practice, commercial transac- tions in real estate including the sale, purchases, rental and leasing of real estate and related fixed assets and to provide for related matters.”
Mr Speaker, it is part of the problem that was generated which occasioned my Hon Colleague, the Member for Wa Central to move his amendment. So, the Long Title should really read:
“AN ACT to regulate real estate agency practice, commercial transactions in real estate including the sale, purchases, rental and leasing of real estate and related fixed assets and to provide for related matters.”
So that the focus is not on the establishment of the Agency Council. So, I beg to move, Long Title, delete
Mr First Deputy Speaker 3:46 p.m.
Hon Members, that brings us to the end of consideration of the Real Estate Agency Bill, 2020.Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 3:46 p.m.
Mr Speaker, we can move to item numbered (11), procedural Motion.
Mr First Deputy Speaker 3:46 p.m.
Hon Members, item numbered (11), Hon Minister for Works and Housing?
Minister for Works and Housing (Mr Samuel Atta Akyea) 3:46 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131 (1), which requires that when a Bill has passed through the Consideration Stage, the Third reading thereof shall not be
taken until at least twenty-four hours have elapsed, the Motion for the Third reading of the Real Estate Agency Bill, 2020 may be moved today.
Mr Joseph Y. Chireh (NDC-Wa West) 3:46 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
BILLS -- THIRD READING 3:56 p.m.
MOTIONS 3:56 p.m.
Mr Iddrisu 3:56 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
BILLS -- SECOND READING 3:56 p.m.
Chairman of the Committee (Mr Ben Abdallah Banda) 4:06 p.m.
Mr Speaker, I beg to support the Motion and in so doing present your Committee's Report.
Report of the Committee on Constitutional, Legal and
Parliamentary Affairs on the Plant Variety
Protection Bill, 2020
1.0 Introduction
1.1 The Plant Variety Protection Bill, 2020 was laid in Parliament on Friday, 9th October, 2020 by the Hon. Attorney-General and Minister for Justice, Miss Gloria Afua Akuffo in accordance with article 106 of the 1992 Constitution.
1.2 Consequently, the Rt. Hon. Speaker referred the Bill to the Committee on Constitutional, Legal
and Parliamentary Affairs for consideration and report pursuant to Order 179 of the Standing Orders of the House.
2.0 Deliberations
The Committee met with the Hon. Attorney-General and Minister for Justice, and Officials of the office of the Attorney-General and Ministry of Justice to discuss the Bill. In attendance were Officials of the Ministry of Agriculture, the Ministry of Trade and Industry, the Registrar- General's Department, and the Council for Scientific and Industrial Research (CSIR).
The Committee expresses its profound gratitude to the Hon. Attorney-General and the Officials for attending the meeting and for clarifying issues raised at the meetings.
3.0 Reference Documents
The Committee referred to the following documents during the deliberations:
i. The Constitution of the Republic of Ghana, 1992;
ii. The Standing Orders of Parliament, 2000;
iii. The Patents Act, 2003 (Act
657);
iv. The Geographical Indications Act, 2003 (Act 659);
v. The Industrial Designs Act, 2003 (Act 660);
vi. The Trademarks Act, 2004 (Act 664);
vii.The Layout-Designs (Topographies) of Integrated Circuits Acts, 2004 (Act
667);
viii. The Copyright Act, 2005 (Act 690);
ix. The Plant and Fertilizer Act, 2010 (Act 803);
x. The National Seed Policy;
xi. The WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), 1995; and
xii.International Convention for the Protection of New Varieties of Plant, 1961.
4.0 Background Information
4.1 Ghana is a party to the WTO Agreement on Trade Related Aspects
Chairman of the Committee (Mr Ben Abdallah Banda) 4:16 p.m.
9.0 Conclusion and Recommendation
The Committee acknowledges the urgent need for the passage of the Bill to fill the existing gap in Ghana's intellectual property laws, to protect the legitimate rights of plant breeders and incentivise them to deliver quality seeds to boost ongoing agricultural initiatives including the planting for food and jobs programme.
The Committee further acknow- ledges the need for the country to comply with its international obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the International Convention for the Protection of New Varieties of Plants.
The Committee further acknow- ledges that the Bill is not new to the House. It was introduced in the Sixth Parliament but later withdrawn for further consultations. In that regard, the Committee recommends to the House to adopt this Report and to pass the Plant Variety Protection Bill, 2020 in accordance with article 106 of the Constitution.
Respectfully submitted.
Ranking Member of the Committee (Alhaji Inusah A. B. Fuseini): Mr Speaker, thank you for the opportunity to support the Motion on the Floor.
Mr Speaker, Ghana's obligation under the World Trade Organisation (WTO) arising particularly from the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), is to set down minimum standards for the regulation of different forms of intellectual property as it applies to nationals and WTO members. These minimum standards are intended to protect the rights of persons who discover new varieties of crops and ensure that they reap the benefits of their intentions.
Mr Speaker, there has been no legal regime in this country for a long time that protects plant breeders from theft of their innovation and invention. The absence of a legal regime discourages scientists or plant breeders in this country from expending their efforts in finding new varieties that are adaptable to our conditions.
Mr Speaker, indeed, climate change clearly required that our scientists continue to look for plant varieties that are adaptable to our conditions. That being so, if we take the lead in encouraging our scientists to do so, we would also be creating
markets for their inventions in the West African region, but the markets would not exist if we do not protect their inventions. Mr Speaker, because people can simply steal their inventions and export them this Bill meets the obligation on Ghana for starters under TRIPS. So, even foreigners who want to bring their inventions to Ghana would be protected and if our research stations also do it they would reap the benefits.
Mr Speaker, the Report also says that Ghana is interested in boosting agriculture. In fact, I can see aspects of the government's policy in the Report and this is good. A clear example is that so many years ago, the Nyankpala Agricultural Experimental Station which is now called the Savannah Agricultural Research Institute developed a new plant variety; the cowpea. Mr Speaker, the cowpea was a creeping plant and its produce was violet in nature. It had no market and --

They identified that that crop was adaptable to our conditions, and so they employed science in ensuring that they developed a crop breed which was not creeping and was also not brown. That is what we all eat today and thus call it beans. It is cowpea. It

was not protected. So it is in Nigeria and in Niger. There was no benefit.

The potential is huge. That is why we should urge Members of this House to apply our efforts in bringing this Bill into fruition as soon as possible because we would be communicating to our scientists to our breeders that there now exist in Ghana a minimum regulatory regime to protect their rights if they do breed new varieties.

Thank you so much, Mr Speaker.
Mr Kwame Anyimadu-Antwi (NPP -- Asante-Akim Central) 4:16 p.m.
Thank you, Mr Speaker.
Intellectual property generally awards creation. The Report states that this country had recognised and passed most of the intellectual property laws. They include the Patents Act, the Geographical Indications Act, the Industrial Designs Act, the Trademarks Act, the Layout- Designs (Topographies) of Integrated Circuit Act and the Copyright Act, all have been passed in accordance with the TRIPS Agreement.
However, Mr Speaker, this very important Bill has not been introduced to Parliament but for now. It is very important, and as I said in the beginning, it awards creation. This Government is working hard and
Minority Leader (Mr Haruna Iddrisu) 4:16 p.m.
Mr Speaker, let me thank you for the opportunity to contribute to the Motion ably moved by the Hon Attorney-General and Minister for Justice that the Plant Variety Protection Bill, 2020 be read a Second time and to urge Hon Members to support it.
Subsequent to 1948 when the General Agreement on Trade and Tariffs was passed by the World Trade Organisation (WTO), it was the expectation of Member Countries to provide for the protection of plant varieties. I believe that this is providing the legal framework to reward and compensate minds and to grant exclusive rights to persons who exercise their minds in the agricultural sector to contribute to plant breeding.
Mr Speaker, while supporting the Motion, I have just one concern to the Committee. May I refer you to page 2 through to page 3? The Committee emphasises that in 2013, the Bill was introduced and was withdrawn to allow for further consultation. Next time, it would be appropriate for them to inform this House who was consulted? We need to know.
If the Bill was withdrawn because there was broad-base national consultation -- So the particular
stakeholders who were consulted, in my view, should have been mentioned as part of the Committee's Report so that we know that there is general national consensus, going forward with this particular Bill.
But Mr Speaker, Ghana is yet to take its full advantage of the opportunities offered under TRIPS and to protect intellectual properties relative to it. Therefore, I wholeheartedly support the Bill.
Mr Speaker, when you come to what the Hon Attorney-General and Minister for Justice said on Regulations when she was moving the Motion, it says the Minister may make Regulations but does not tell us it is the Attorney-General and Minister for Justice. This is a specific subject area, and so I believe when we get to consideration, we would improve it. Who would she consult or work with in order to do these Regulations? I do not think it is just a matter peculiarly within the domain of an Attorney-General like the Committee Report captured it that there is a Minister for Agriculture and there is the Minister for Trade and Industry where all the matters relating to the WTO are within the legal mandate of the Minister for Trade and Industry.
There is also a provision in the Bill for civil remedies. Even though I also
Minority Leader (Mr Haruna Iddrisu) 4:26 p.m.
see somewhere that some offences are created and therefore we should know at what time we would want to be civil and when to go criminal.
Mr Speaker, the register of plant breeders' rights takes time and energy. So beyond breeding, what happens? Is it just a matter of breeders having intellectual properties? There should be further development. We must have commitment by the country to develop particular breeds for our own purposes.
Mr Speaker, it means that, by our very geographic location and its origin, we are very capable of developing our own unique and distinct variety of plants for our own purposes which could also be used internationally.

So Mr Speaker, I beg to speak in favour of the Motion.

Now, I see them also making provision for nullity in clause 29: “The Registrar shall on the advice of the Plant Breeders Technical Committee, establish under section 42, declare a holders' right null and void.”

Again, as I have said, what involvement would we be getting the Council for Scientific and Industrial

Research and other agricultural related research institutions to be able to play a role? But I would essentially support it and I think that this framework would only further support modernised agriculture in future and in the development of that.

Thank you, Mr Speaker.
Mr First Deputy Speaker 4:26 p.m.
Yes, Chief Executive of Tree Crops Development Authority?
Mr William A. Quaittoo (NPP -- Akim Oda) 4:26 p.m.
Mr Speaker, I am very glad to note that today, this Bill is brought back to this House. In 2013 when it was brought here and we began with the consideration at the Committee level, at that time, I think it was given to both the Constitutional and the Legal Committees as well as to the Agriculture Committee. A number of NGOs rose up to fight this Bill saying that it was going to bring about the promotion of GMO.
Mr Speaker, personally, I was at more than five television stations and radio stations fighting this and letting them understand that their thinking is different from what science talks about or thinks about.
Mr Speaker, there are a number of varieties that have been developed by our scientists in this country which
are flowing through in the system, particularly in Africa here. We have varieties like Obaatanpa for maize and cassava, Agra for rice -- everybody is using it and Ghana does not gain a pesewa for it all because probably this law was not in place.
Mr Speaker, we have very excellent plant breeders that I can name because I have worked at about three major research institutions both as a scientist and as a commercial person who was liaising between the scientists and the outside world.
Mr Speaker, when these scientists leave this government organisations, they become redundant in the sense that they have no avenue to put across their knowledge to privately go into plant breeding. Then when they come out with these products, they will be able to market them. So most often, these scientists have to automatically find themselves in government organisations where government or donor agencies would come in and sponsor the breeding of new varieties.
When this happens, we realised that the variety has been developed by the research institution in Ghana here but we do not own it all because the person or institution had to write a proposal to a donor agency somewhere to sponsor it. A clear
example is the case of the by- products of cocoa in Ghana.
Cocoa Research Institute of Ghana set out to do this but it was sponsored by the international cocoa community. They have the cocoa soap, cocoa butter and so many other products. I was hired to go and superintend over it. When we completed the whole thing, when Ghana wanted to industrialise some of the products that we have got, they wrote to tell us that we do not have property rights over it and so we cannot expand the production of those products. So those products have remained in Cocoa Research Institute and various people would go and just add something small to it and go and produce on their own.
Mr Speaker, another example is the cocoa liquor. It was initially being researched into by a research scientist in the Cocoa Research Institute and the CSIR when they realised that they were nearing their age of retirement, they kept some aspects of the scientific details to themselves and said when they go out with it, they would make some money from it. I was the commercial person developing the product with them, before I realised, we lost that and after their retirement, I heard Kasapreko Cocoa Liquor everywhere. How did it happen? They had gone to sell the formula and everything to Kasapreko Company so that thing went to a
Mr Kyei-Mensah-Bonsu 4:36 p.m.
Mr Speaker, let me thank Hon Colleagues for coming back for us to deal with these two major items. I think it paved some way for us to be able to conclude on the Bills that we had.
Mr Speaker, there are quite a number of Bills that we must conclude before the House adjourns and it should not happen that beyond next week, we would have another week. So I am pleading with the Committees to work assiduously on the referrals
so that we are able to finish with these referrals given them. The one on Cyber Security, the Ghana Enterprises Agency Bill, the Anti- Money Laundering Bill, the Borrowers and Lenders Bills.
Mr Speaker, we would not have had the Plant Variety Bill. There are two that are with the Committee on Health - the National Ambulance Service and the Blood Service. These are the ones that are outstanding and I would want to appeal to them. Tomorrow, we would have the Vote on Account but beyond that, we should be able to work and deal with at least one of them.
Mr Speaker, I know your own physical constitution that you are not out of the woods and yet you are managing to be here for us to do this work. So I am appealing to the Committee with the referrals to work assiduously on them so that at least we can finish with three within tomorrow up to Friday and then we shall have just about four outstanding and into next week, we would be able to finish with them.

Mr Speaker, I would want to remind us that tomorrow is the day for the vote on the accounts, and the

various Caucus Whips should whip Hon Members to be in the House. I know some of them are in their constituencies, but there are some who are also in Accra, but who are not attending to Parliament. I know they are traversing various places to do serious mobilisation for the task ahead, but they should spare at least two or three hours to be here tomorrow for us to listen to the Hon Minister for Finance, and then when we have finished with him, the usual suspects will remain to do the Bills and we shall have at least more than half of the House being present to hear the Hon Minister out.

Mr Speaker, I thank you once again and I thank Hon Members for their tolerance and indeed for their endurance as well.
Mr Second Deputy Speaker 4:36 p.m.
Yes, Hon Minority Leader?
Mr Iddrisu 4:36 p.m.
Mr Speaker, I can only thank you and wait for you to adjourn the House.
As the Hon Majority Leader, he was speaking to himself. The Hon Chairmen of Committees are under him, so he should make sure they are resourced enough to be able to work. He should make sure he works for Hon Members to be motivated to be in the Chamber tomorrow. It is within
ADJOURNMENT 4:36 p.m.
  • The House was adjourned at 4.38 p.m. till Wednesday, 28th October, 2020 at 10.00 a.m.