Debates of 29 Oct 2020

MR SPEAKER
PRAYERS 11:53 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:53 a.m.

Mr Speaker 11:53 a.m.
Hon Members, Correction of the Votes and Proceedings of Wednesday, 28th October, 2020.
Mr Speaker 11:53 a.m.
Hon Members, at the Commencement of Public Business, Presentation of Papers. Hon Minister for Finance?
Mr Osei Kyei-Mensah-Bonsu 11:53 a.m.
Mr Speaker, you may indulge the Hon Minister for planning to do the presentation of the listed Papers on behalf of the Hon Minister for Finance. We had an engagement with him not
quite long ago, and he had to exit to go and work on some of the things that we discussed with him. So, the Hon Minister for Planning could lay the Papers on behalf of the Hon Minister for Finance.
PAPERS 11:53 a.m.

Mr Speaker 12:03 p.m.
Hon Members, we would move on to the Paper numbered 4 (b) (i), by the Chairman of the Committee on Trade, Industry and Tourism.
By the Chairman of the Committee --
(i) Report of the Committee on Trade, Industry and Tourism on the Determination of the Urgency or Otherwise of the Ghana Enterprises Authority Bill, 2020.
Mr Speaker 12:03 p.m.
Hon Members, we would move on to the item numbered
5.
Mr Kyei-Mensah-Bonsu 12:03 p.m.
Mr Speaker, I ought to have made this intervention earlier, when these tax waivers came up for referral to the Committee on Finance.
Mr Speaker, the Papers that begin from 4 (a) (v) to (xix), they all relate to the One District, One Factory
Programme ; tax waivers on 1D1F programme so I would like to entreat that you join the Leadership of the Trade and Industry Committee to the Finance Committee in respect of the referrals from (v) to (xix).
12. 13 p. m.
Mr Haruna Iddrisu 12:03 p.m.
Mr Speaker, I share the recommendation of the Hon Majority Leader that 1D1F is about job creation; about Small, Medium Enterprise. So if the Committee on Trade and Industry could join, that would be very important. But there is even a more fundamental matter; today alone, we have about nineteen of these tax exemptions. Have we conducted the financial impact of the consequences of these as is required by the Public Financial Management Act (PFMA) before introducing them into Parliament?
We need to be mindful of that because this is more or less, give- aways to those entities and it is detrimental to the financial revenue of the State in the name of tax exemption. So next time, we insist that there must be compliance with the provisions of the PFMA in respect of these matters. It just cannot be a US$4 million take away; a US$5 million take away, what is its impact?
Mr Speaker 12:03 p.m.
So, which Committees?
Mr Kyei-Mensah-Bonsu 12:03 p.m.
Mr Speaker, he says that he agrees that we add the leadership of Committee on Trade and Industry to the Finance Committee.
Mr Speaker, I associate myself fully with the sentiments expressed by the Hon Minority Leader. Even though we have passed the PFMA, which requires of us to conduct due diligence on these tax exemptions, and also, the environmental impact analysis and the social impact analysis, we do not do that. We also do not do the financial impact analysis. I would like to suggest strongly, indeed, the life of this Parliament is about ending but, into
the next Parliament, this Parliament should insist that these things are done.
With respect to these applications, I think that Parliament now is well positioned to know the industries that are coming on board. Initially, the applications from the Ministry of Trade and Industry was to come with one blanket cover to waive taxes and duties on the part of all these factories. Now that we have segregated them, we are better able to oversee the operations of these industries. And then, for those who say that they do not really see the factories coming on board, they would know that the factories really are growing to the benefit of the country. Mr Speaker, I thank you very much.
Mr Speaker 12:03 p.m.
The Committee on Trade and Industry is added accordingly.
Referred to the Committees of Finance and Trade and Industry.
Mr Speaker 12:03 p.m.
Hon Majority Leader, can we take the item listed as 5 Motion?
Mr Kyei-Mensah-Bonsu 12:03 p.m.
Mr Speaker, we can take the item listed as 14.
Mr Speaker 12:03 p.m.
Hon Members, the item listed as 14?
MOTIONS 12:03 p.m.

Chairman of Committee on Trade and Tourism (Nana Amaniampong Marfo) 12:03 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Committee on Trade, Industry and Tourism on the Determination of the Urgency or Otherwise of the Ghana Enterprises Agency Bill, 2020 may be moved today.
Mr Rockson-Nelson Etse Kwami Dafeamekpor (NDC -- South Dayi) 12:03 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Mr Speaker 12:03 p.m.
Hon Chairman of the Committee, move the substantive Motion numbered 15.
Determination of the Urgency or Otherwise of the Ghana
Enterprises Agency Bill, 2020
Nana Marfo 12:03 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Trade, Industry and Tourism on the Determination of the Urgency or Otherwise of the Ghana Enterprises Agency Bill, 2020.
And in so doing, I present your Committee's Report.
1.0 Introducti3on
The Ghana Enterprises Agency Bill, 2020 was laid in Parliament by the Hon. Deputy Minister for Trade and Industry, Mr. Robert Ahomka- Lindsay on behalf of the Hon. Minister responsible for Trade and Industry in the House on Tuesday 20th October 2020.
The Bill was referred to the Committee on Trade, Industry and for consideration and report, in accordance with article 106 of the1992 Constitution and Order 159 of the Standing Orders of the Parliament of Ghana.
The Deputy Minister for Trade and Tourism, Hon. Robert Ahomka- Lindsay and the Executive Director of National Board for Small Scale
Mr Rockson-Nelson Etse Kwami Dafeamekpor (NDC -- South Dayi) 12:23 p.m.
Mr Speaker, I beg to support the Motion and in doing so, add that this is an Article 106 issue. The House is being called upon to determine whether to take this particular Bill under a certificate of urgency. At the Committee level, we came to that determination in view of the fact that it came to light that during the outbreak of the pandemic, the multitude of micro, small and medium enterprises in this country were not formalised, even though Government has granted in excess of GH¢600 million as a relief package to these enterprises.
Per our calendar, we have less than 10 days to go on this side of the Meeting before the elections, so it is very important that we consider this Bill to enable the National Board for Small Scale Industries (NBSSI) to be turned into an Agency to be able to quickly handle and formalise the operations of these businesses that are dotted all over the country to enable them roll out the relieve packages to them.
We have been told that there is no way the pandemic would come to an end immediately, so we need to quickly formalise the businesses to be able to help them. We are therefore urging the House to take this Bill under a certificate of urgency, so that by next week, the Agency would be born to enable them go into operation. I urge the House to approve the Motion.
Mr Speaker 12:23 p.m.
Hon Minority Leader?
Mr Speaker 12:23 p.m.
Hon Minority Leader, I called you so that we would have one from each Side.
Mr Iddrisu 12:23 p.m.
Mr Speaker, I took guidance from the leader of Government business. The meat is in the Report of the Committee itself. This is just to suspend the
requirements of Article 106 and to rely on subsection 13, so that they do not go through the Gazette notice of 14 days. This is the excuse they are asking the House to use, so I would hold my breath and when we come to the Committee's Report, I would detail out some policy concerns I have.
Question put and Motion agreed to.
Mr Speaker 12:23 p.m.
Hon Majority Leader, are were proceeding with item numbered 16?
Mr Kyei-Mensah-Bonsu 12:23 p.m.
Mr Speaker, having finished with this, I believe we can now take item numbered 16. It would be moved on behalf of the Minister for Trade and Industry by the Deputy Minister for Trade and Industry.
Mr Speaker 12:23 p.m.
Yes, proceed please.
Suspension of Standing Order 80 (1)
Deputy Minister for Trade and Industry (Mr Robert Ahomka- Lindsay): Mr Speaker, I beg to move, that notwithstanding the
provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the Second Reading of the Ghana Enterprises Agency Bill, 2020 may be moved today.
Mr Ato Panford (NPP -- Shama) 12:23 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Mr Speaker 12:23 p.m.
Now, the substantive Motion, item numbered 17, by the Minister for Trade and Industry.
BILLS -- SECOND READING 12:23 p.m.

Mr Speaker 12:33 p.m.
Hon Deputy Minister, please, give us a summary?
Mr Ahomka-Lindsay 12:33 p.m.
Mr Speaker, the Bill would invariably provide an appropriate institution and legal frame work for the coordination and promotion of the programme for MSMEs.
Mr Rockson-Nelson Etse Kwami Dafeamekpor (NDC -- South Dayi) 12:33 p.m.
Mr Speaker, I beg to support the Motion and in doing so, make a few comments.
Mr Speaker, we were told at the Committee level that the existing legislation which underpins the work of the NBSSI was passed in the Third Republic, in 1981 and the institution was operationalised in the mid-1980s.
rose
Mr Speaker 12:33 p.m.
Hon for Ayensuano, Mr Ayeh-Paye?
Mr Ayeh-Paye 12:33 p.m.
Mr Speaker, I want to ask for your guidance. After the Hon Deputy Minister moved the Motion and presented his remarks, the Hon Chairman of the Committee must support the Motion and present the Committee's Report for consideration and adoption by this House. The Hon Chairman has not presented the Committee's Report but the Hon Ranking Member of the Committee has started with his contribution.
Mr Speaker 12:33 p.m.
Hon Chairman of the Committee, you may formally present the Committee's Report accordingly.
Chairman of the Committee (Nana Amaniampong Marfo) 12:33 p.m.
Mr Speaker, I beg to support the Motion moved by the Hon Deputy Minister, and in so doing, I present your Committee's Report.
1.0 Introduction
The Ghana Enterprises Agency Bill, 2020 was presented to Parliament by the Hon. Deputy Minister for Trade and Industry, Hon. Robert Ahomka- Lindsay on behalf of the Minister responsible for Trade and Industry in the House on Tuesday, 20th October,
2020.
The Bill was subsequently referred to the Committee on Trade, Industry and Tourism for consideration and report, in accordance with article 106 of the 1992 Constitution and Order 159 of the Standing Orders of Parliament of Ghana.
The Deputy Minister for Trade and Industry, Hon. Robert Ahomka- Lindsay, the Executive Director of National Board for Small Scale Industry (NBSSI), Mrs. Kosi Yankey-Ayeh and her technical team, and an Official from the Office of the Attorney-General attended upon the Committee and assisted in its deliberations.
The Committee wishes to extend its appreciation to those who attended upon it for the immense support provided during the Sitting.
2.0 References
The following documents were served as a reference guide during the Committee's deliberations:
i. The 1992 Constitution of the Republic of Ghana;
ii. Standing Orders of the Parliament of Ghana;
iii. National Board for Small Scale Industries Act, 1981 (Act 434);
iv. Ghanaian Enterprise Deve- lopment Act, 1975 (NRCD
330);
v. Micro, Small and Medium Enterprises and Entrepre- neurship Policy;
vi. Public Financial Management Act of 2016 (Act 921).
3.0 Background
The National Board for Small Scale Industries (NBSSI) was established by an Act of Parliament of the Third Republic of Ghana, NBSSI Act of 1981 (Act 434) and operationalised in 1985 to promote and develop the Micro and Small Enterprises (MSE).
In the 1990s, the Cottage Industries and Rural Housing Depar- tment and the Ghana Enterprise Development Commission (speci- fically dedicated to all Ghanaian owned enterprises in Ghana -- including Micro, Small, Medium and Large Enterprises) were subsumed under the NBSSI as part of efforts to defragment MSME support initiatives in Ghana. NBSSI has also expanded its presence across the
Chairman of the Committee (Nana Amaniampong Marfo) 12:33 p.m.


country through the establishment of district level Business Advisory Centers and Business Resource Centers in strategic locations in the country.

The NBBSI Act specifies “Small Scale Industries” as the focus of operations of NBSSI. This was a relevant classification at the time of the enactment. However, globally, the emphasis has changed from small scale industries to Micro, Small and Medium Scale Enterprises (MSME) which represents the entire continuum of enterprises that are not large scale firms. The MSME and Entrepreneurship Policy which has been developed reflects this change which in practice is the target group of NBSSI.

In addition, a number of functions specified in the NBBSI Act have become obsolete or impracticable to execute. The MSME sector is also highly uncoordinated as various stakeholders made up of Government Ministries, Departments and Agen- cies, Private Sector Associations, NGOs and Development Partners are involved in the development of programmes aimed at supporting the MSME sector in Ghana. Taking cognisance of this situation, the MSME and Entrepreneurship Policy

prescribes the conversion of the NBSSI into an Agency whose objects will include overseeing, coordinating, promoting and developing Micro, Small, and Medium Enterprises. This will provide an appropriate institutional and legal framework for the coordination of the promotion of programmes and projects for the development of the MSME Sector in Ghana.

4.0 Purpose of the Bill

The purpose of this Bill is to establish the Ghana Enterprises Agency to oversee, coordinate, promote and develop Micro, Small, and Medium Enterprises.

5.0 Content of the Bill

The Bill contains a total number of thirty-five (35) Clauses.

Clauses 1-3 -- provides for the establishment of the Ghana Enter- prises Agency.

Clause 4-12 -- provides for the governance of the Agency.

Clauses 13-20 -- deals with administration of the Agency

Clauses 21-25 -- deals with the finances of the Agency.

Clauses 26-30 -- provides for the establishment of the Micro, Small and Medium Enterprise Fund.

Clauses 31-35 provides for miscellaneous matters.

6.0 Observations

6.1 Role of MSMEs

The Committee observed that MSMEs play a critical role in national development and economic transformation. They constitute about 92 per cent of businesses in Ghana, account for about 85 per cent of manufacturing employment and contribute about 70 per cent to Gross Domestic Product (GDP). This notwithstanding, the sector still faces challenges and constraints that impede the growth of MSMEs in Ghana.

Notable amongst them include the high cost of doing business, limited access to credit and business development services and inability to meet production standards, among others. There is therefore the need to support the growth and development of the MSME sector to generate jobs and incomes, increase government revenue and help eradicate poverty in Ghana.

6.2 Inadequate access to finance by Small and Medium Enterprises

The Committee noted that funding structures and business development services are typically set up to service

large and micro enterprises. This is because large enterprises have the ability to afford these services whiles the micro gets access to these services through government interventions mainly for impact and poverty alleviation. This creates a gap for Small and Medium Enterprises who are inadequately financed and lacked access to requisite business develop- ment services. The Committee noted that this needs to be addressed in a comprehensive and holistic manner to drive economic growth and job creation in Ghana.

6.3 Establishment of the Micro, Small and Medium Enterprise Fund

The Committee noted with satisfaction that the Bill has made provision for the establishment of a Fund in Clause 26 to provide funding for the MSME sector. This will address not only the gaps in funding MSMEs but also develop the MSME sector, particularly those in rural areas.

7.0 AMENDMENTS PROPOSED

16. Clause 4 -- Governing body of the Agency

In subclause (1) (b), line 1, delete “Executive Director” and insert “Chief Executive Officer”.
Chairman of the Committee (Nana Amaniampong Marfo) 12:33 p.m.


The rationale for the proposed amendment is to make it consistent with the title of Heads of other State Agencies.

In Subclause (2), line 2, insert “Chairperson and other” before “members of the Board”.

The rationale for the proposed amendment is to ensure consistency with recently passed legislation.

17. Clause 7 -- Tenure of office of members of the Board

In Subclause (1), line 2 delete the phrase “but a member shall not be appointed for more than two terms” and insert “for another term only”.

The rationale for the proposed amendment is to ensure consistency with recently passed legislation.

In subclause (2) line 1, delete “Executive Director” and insert “Chief Executive Officer”.

The rationale for the proposed amendment is to make it consistent with the title of Heads of other State Agencies.

18. Clause 8 -- Meetings of the members of the Board

In the headnote, delete “Members of the” before the “Board”.

The rationale for the proposed amendment is to ensure consistency with recently passed legislation.

In Subclause (1) - line 2, before “of” delete “dispatch” and insert “conduct”

The rationale for the proposed amendment is to ensure consistency with recently passed legislation.

In Subclause (3) -- line 2, before “the” delete “Executive Director” and insert “Chief Executive Officer”

The rationale for the proposed amendment is to make it consistent with the title of Heads of other State Agencies.

In Subclause (8)- line 1, before “for” delete “its meeting” and insert “the meeting of the Board”.

The rationale for the proposed amendment is for purposes of clarity.

19. Clause 9 -- Disclosure of interest

In Subclause (1) -- line 2, delete “shall” after “Board”.

In Subclause (1)(a) -- line 1, before “disclose” insert “shall”.

The rationale is to ensure grammatical accuracy.

21. Clause 10 -- Establishment of Committees

In Subclause (1), line 1, after “Board” delete “or”.

In Subclause (1)- line 2, before “to” insert “or both”.

The rationale for this proposed amendment is to ensure consistency in recently passed legislation

22. Clause 13 -- Appointment of an Executive Director

In the Headnote, delete “an Executive Director” and insert “a Chief Executive Officer”.

In Subclause (1), line 2, delete “Executive Director” and insert “Chief Executive Officer”.

In Subclause (2), line 1, delete “Executive Director” and insert “Chief Executive Officer”.

The rationale for the proposed amendment is to make it consistent with the title of Heads of other State Agencies.

23. Clause 14- Functions of the Executive Director

In the Headnote, delete after “the” “Executive Director” and insert “Chief Executive Officer”.

In Subclause (1), line 1, delete “Executive Director” and insert “Chief Executive Officer”.

In Subclause (2), line 2, delete “Executive Director” and insert “Chief Executive Officer”.

In Subclause (3), line 1, delete “Executive Director” and insert “Chief Executive Officer”.

The rationale for the proposed amendment is to make it consistent with the title of Heads of other State Agencies.

24. Clause 15 -- Appointment of Deputy Executive Director

In the Headnote, delete after “of” “Deputy Executive Director” and
Mr Rockson-Nelson Etse Kwami Dafeamekpor (NDC-- South Dayi) 12:43 p.m.
Mr Speaker, I rise to support the Motion that the Report presently before the House be approved and in doing so make a few comments.
Mr Speaker, the parent enactment underpinning the work of the NBSSI was enacted in 1981 and subsequently operationalised in 1984. After that, the Rural Housing and Cottage Industries as an agency of State was added and subsumed under NBSSI which the original Act did not anticipate. Later on, the Ghana Development Enterprises Commission was also added to the NBSSI. With time, one would discover that the work that the original NBSSI was set up to do had been enlarged.
Mr Speaker, it also emerged that with time, certain provisions of the parent enactment has also become obsolete, particularly if you look at paragraph 9 of the Memorandum accompanying the Bill. It states in a portion that over the past few decades, a number of functions specified in Act 434 have become obsolete and impractical to execute. A case in point being subsection (2)
of section 4 of Act 434, which prohibits any other organisation from performing any of the functions of the Board without prior consultation with and approval in writing of the Board -- Anyone being in control through the Ministry responsible for industries of the inflow and outflow of foreign aid and foreign loans granted by donor countries for the development of small scale industries. There is therefore the need to review the functions to take cognisance of the evolving functions of the Agency.
Mr Speaker, these are some of the reasons why it has become very urgent for the Bill to be quickly taken and enacted into law so that the NBSSI as it exists now can continue to function in addition to other roles that we envisaged would come up in the course of its work.
Mr Speaker, we are further informed that the Government for instance, gave out as much as GH¢600 million in relief packages to small scale industries but because of the fact that most of them were not formalised, it was difficult for the NBSSI to give out some of these relief packages. So, it is important that this Report is quickly taken so that the Bill could be worked on so we can make progress in this regard.
Mr Speaker, so with these few words, I urge the House to adopt the Report in this matter.
Mr Ato Panford (NPP-- Shama) 12:43 p.m.
Mr Speaker, I rise to associate myself with the Report of the Committee and in so doing, touch basically on the Fund issue on paragraph 6.3 on page 4 of the Committee's Report.
Mr Speaker, it is very important that this House tries as much as possible to consider this Bill under a certificate of urgency and ensure that the Fund is really established for this new Agency. We are not out of the woods yet with this COVID-19 pandemic and we believe that there are other countries and institutions which would really want to support Ghana in addressing these challenges.
Mr Speaker, with the most important view on this, MSMEs in this country have one of the biggest difficulty with access to working capital. NBSSI over the years has been addressing these challenges for them, but it is very important that we need to set up this Fund so that funds and government approved allocations are pooled into that Fund to support the MSMEs all over this country.
Mr Speaker, with these few words, I would really want to urge that this House tries as much as possible to pass this Bill for the efficient and effective governance of the MSMEs in this country.
Minority Leader (Mr Haruna Iddrisu) 12:43 p.m.
Mr Speaker, I rise to speak in favour of the Motion that the Ghana Enterprises Agency Bill, 2020 be read a Second time and to urge Hon Colleagues to support it.
Mr Speaker, I do so because I am of the firm belief that COVID-19 and its economic impact on our country must necessarily inspire reforms within the public sector which must affect some of our institutions. I believe that the NBSSI is one such institution which is under the Minister for Trade and Industry.
Mr Speaker, I agree with the Report of the Committee that they constitute 80 per cent of our employment, particularly, small and medium enterprises. It is a fact when you go to Kejetia, the popular Suame or Makola markets. It is made up of persons who are within the small and medium enterprises regimes.
Mr Speaker, they are worthy of government support, particularly in this time of COVID-19. I shudder to
Minority Leader (Mr Haruna Iddrisu) 12:53 p.m.
even say that we should do an assessment of the impact of COVID- 19. It should not just be the Statistical Service; the Ministry of Trade and Industry must inform government policy on the fate and future of MSMEs in Ghana under COVID-19. We know that they are reeling under its economic impact withering away the incomes of many of them.
Mr Speaker, I have no fear of contradiction that even the loans we have given them, we probably, in the foreseeable future, would have to convert them into grants because we might have given them the loans but business is not good, business is not picking up; it is not likely that it would pick up, yet, we say the person must service the loan. How is the person going to service the loan?
Mr Speaker, I use the rural areas in my own constituency as an example, and I would just share this practical experience. In one of my villages in the Tamale South Constituency, when I started in 2009 and 2010 as an MP, I established my own microcredit scheme where I gave out GH¢500 to GH¢1,000 just to women traders.
Mr Speaker, I went into the home of an elderly woman and when I gave her GH¢500, she could not count it.
She had to put GH¢100 on her right, another GH¢100 on her left leg and the next GH¢100 by her mouth. This is a true story.

She counted GH¢100 and put her right leg on it and another GH¢100 and put the left leg on it and the other GH¢100 by her mouth. Then she looked at me and said, “Aduna” and threw her hands in the air.

Mr Speaker, so, it must wake us up as a government that when we talk about microcredit, we are responding genuinely to the needs of the Ghanaian entrepreneur at that local level.

So that is why institutions such as Microfinance and Small Scale Loans (MASLOC) and this new creation must work well. There are Ghanaians who are not looking for so much money but just GH¢1,000 to sell koobi or GH¢2,000 to sell banana or oranges. Probably, I should add that my mother used to sell rice and so, I am a product of “mandii” that is the Dagomba name for the local paddy rice. She will mill it and supervise its preparation and that is how we all survived with the token she earned, she could look after us as a family.

Mr Speaker, I am wholeheartedly interested in anything that supports small-medium enterprises in Ghana. What we must do is to do it well and to make sure that it is deserving to every Ghanaian who deserves support.

The other day for instance, I noticed in the mid-year review Budget of the NBSSI on paragraph 4.68, where government dedicated GH¢600 million -- So at the time, did the NBSSI have the legal remit and mandate to disburse such an amount of money?
Mr Speaker, with your permission, I beg to quote 12:53 p.m.
“It takes a caring government to hear the distress of business and respond with support to small and medium businesses”. Was that their mandate and remit? Must an amount of GH¢600 million go into the NBSSI? We are now doing what is appropriate which is, to create an institution dedicated to the development and growth of small and medium enterprises.
Furthermore, government said that it was allocating GH¢100 million to help many more small and medium enterprises. So, tomorrow, as Hon Members of Parliament, I should be able to find out from any Hon Member here how many individuals
in their constituencies benefitted from this fund and then we will know that the distribution reflects a national character. We do not just handpick those we want and so, sometimes, even recommendations from Hon Members will be appropriate to identify those businesses.
Mr Speaker, in my privileged position as former Hon Minister for Trade and Industry, I requested the Swiss Government to fund what was known as the Small Scale Rural Industrialisation Initiative; the report is with the NBSSI. This is to identify the comparative advantage in each area, in terms of industry. We do not just say 1D1F because this particular institution will also have a role and there was no need to create new bureaucracies for that purpose. The NBSSI could be playing that particular role in identifying businesses and industries that should be helped.
In concluding, I have repeatedly said this and I hope the Hon Minister for Monitoring and Evaluation will recall, even when we were considering the Ghana EXIM Bank Bill, I had to work with him to add to the functions of the Bank at the time, whether they will not fund SMEs. This is because when they came, the focus was high-level; export financing. We said no. this is because our own small medium enterprises would need
Mr Speaker 12:53 p.m.
Is the Hon Majority Leader nominating an Hon Member?
Mr Kyei-Mensah-Bonsu 12:53 p.m.
Mr Speaker, the Hon Minority Leader is signalling that he has some relevant information to make. In the interim, I guess the Hon Afenyo-Markin could be allowed some space to make his contribution?
Also, Hon Agbodza is signalling that perhaps the Hon Minority Leader could afford him space to make a little contribution. If you do not mind, you can also accord space to him and then I will come in ultimately.
Mr Alexander Afenyo-Markin (NPP -- Effutu) 12:53 p.m.
Mr Speaker, I have been itching to have a bite and thankfully, I have been given the opportunity.
This is a private sector initiative. I have been a private sector operator and I am happy that today, this law is coming into being and we are here to share a few words.
However, before I go into the substance of what I intend to contribute, I wish to highly commend the Chief Executive Officer of the NBSSI -- Mrs Kosi Yankey-Ayeh. She is a woman who has demonstrated competence and until recently, we had not heard about or known the relevance of the NBSSI.
A young, ambitious, hardworking and determined lady has created that feasibility around the NBSSI.
Mr Speaker, suffice to add that in this COVID-19 pandemic era, we know how transparently it has discharged its duties to the extent that the disbursement of COVID-19
Mr Alexander Afenyo-Markin (NPP -- Effutu) 1:03 p.m.
trade-relief support went directly to the beneficiaries.

Mr Speaker, it is commendable. The system that was put in place to ensure that those who needed it, used the ICT network to register and receive it directly, and that directly solves the concerns of the Hon Minority Leader, so that we avoid partisanship.

At least, in Ghana today, all the Ghanaians who registered to access funds below GH¢2,000 can say that they got it. At least in my constituency, people received not less than 2,000. They registered and they did not need anybody; whether a chairman of a political party or a constituency secretary. When I got the report, I saw a lot of New Patriotic Party (NPP) and National Democratic Congress (NDC) members who benefitted. [Interruption] No, when they finished -- Mr Speaker, instead of them to listen they would not but rather rise.

Mr Speaker, after they had disbursed through the mobile money transfers, the NBSSI officer in each district or municipality generates a report and a public officer can have access to this report. I wanted to know those who had benefitted so I

went there for a copy of the report and I saw that people who benefitted cut across; constituency officers of People's National Convention (PNC), Ghana Union Movement (GUM), NPP, NDC and so on because COVID-19 is not about a political party. That is why I am happy that today, considering the fact that the law is old, they want to update it and look at new matters that are arising so that the private sector can be supported.

Mr Speaker, a businessman without capital is a man who would be ambushing his own fortunes because he does not have it. In the informal sector, where we have the money lenders -- they are more than shylocks. A person would borrow GH¢1,000 and in return pay GH¢ 500 or GH¢200 every month just by way of interest. When our people suffer, they come back to the politicians and tell us that they have gone for a loan that they are not able to repay so the politician would then have to look for money. So, I am happy that we want to make this institution a vibrant one and ensure that we legislate to give them the mandate to actually meet the expectation of the informal or private sector.

Mr Speaker, in abroad, all the businesses that have succeeded have support from their governments.

When we talk to our counterparts there some would say that they are the third generational leaders and give examples that a grandfather had a grant that they used to develop the business and today it has become a big factory. What I have realised in this country --
Mr Speaker 1:03 p.m.
Hon Member, make your point and conclude.
Mr Afenyo-Markin 1:03 p.m.
Mr Speaker, I would comply.
What I have realised in our part of the world is that often when our people benefit they do not pay back. But if people do not repay then where would we get money for the next person? This is where I would urge this new institution to pay attention to and do proper education because our people must be made to understand that if they receive grants without interest then they should try and pay back so that the next person would also get the opportunity.
Mr Speaker we have had the Poverty Alleviation Fund and then MASLOC, but from 1992, 1996 -- MASLOC under both former President Kufuor and President Mills as well as the MASLOC we have today, how many people are actually repaying for others to also benefit?
Mr Speaker, this is neither an NPP nor NDC problem because it is a failure of the system and how people perceived some of these support. I am speaking directly to my fellow Ghanaians out there; the informal sector beneficiaries of government's support that they should please try and repay.
Also, about the tracking system and the need to register for the Taxpayer Identification Number (TIN), with all due respect, Ghanaians must register because we are formalising everything. If a person is able to register for a TIN and the data is correct, the person would not suffer. So, nobody should, for a moment, even discourage people from registering for a TIN.
Mr Speaker, in concluding, MASLOC is still in existence and as we go along, I would expect that there would be some synergy, merger or consolidation for all to be under one law. This is the Ghana Enterprises Agency Bill, 2020, and it is a Bill that would look at the private sector; so all other institutions that support the informal or private sector are expected to come under one umbrella just like we have done for the State Interests and Governance law. We have the State Interests Authority that looks at government institutions or commercial entities that the

government has an interest. This Authority is there to regulate this area. I am looking at a future where all these things would be consolidated properly.

That notwithstanding, as we consider the Bill clause by clause, my other concerns would adequately come in to strengthen things so that at the end of the day the institution that would be created would benefit Ghanaians and our economy would grow.

If we say that we are tired of over- relying on donors then it means that we have to create an in-house private sector that would stand the tests of time. I think that this is a step in the right direction so we should all support it and grow the Ghanaian economy to ensure that all those traders would get the support. They would not go to money lenders but they would grow their businesses and become self- reliant.

Mr Speaker, I thank you for indulging me. I think that my other Hon Colleagues are ready or itching to also have a bite. On this note, I support this Motion.
Mr Speaker 1:03 p.m.
After having been favoured by the Hon Majority Leader, you have decided to unilaterally open the gateway for other Hon Colleagues
to come into the debate, but that privilege does not lie in your bosom.
Mr Afenyo-Markin 1:03 p.m.
Mr Speaker, I take back that invitation, except that I heard the Hon Majority Leader make an application to you that others wanted to take a bite so I only reiterated that. Mr Speaker, but I take it back because it is not within my right to say so. Mr Speaker, I thank you because you are in a happy mood.
Mr Speaker 1:03 p.m.
Hon Majority Leader, where do we go from here?
Mr Kyei-Mensah-Bonsu 1:03 p.m.
Mr Speaker, I would want to conclude but as I indicated, I saw Hon Agbodza on his feet so I thought he wanted to say a word. Mr Speaker, if you would grant him a little space then I would do the conclusion. Mr Speaker, because of this, the Hon Agbodza has moved from the back to sit by the Hon Minority Leader so if you would grant him a little space to contribute?
Mr Kwame G. Agbodza (NDC -- Adaklu) 1:13 p.m.
Mr Speaker, thank you and I am very grateful to the Hon Majority Leader for this opportunity.
I am very excited about this Bill because the solution to all that we face as Hon Members of Parliament and as Parliamentary Candidates, to show to our constituents the number of jobs that we would create lies here. It does
not lie in how many people the Hon Member would put in the Ghana Police Service, for instance.
Mr Speaker, Ghana may not be able to directly employ three million people out of the 30 million people but we may be able to do this by creating opportunities for others. I remember very well that I established my first enterprise as a student of Kwame Nkrumah University of Science and Technology (KNUST) when I entered the university to study architecture. I established a cleaning company which had six workers even when I was a student.
Mr Speaker, I believe that there are many of such people in this country just like the Hon Majority Leader and the Hon Minority Leader and many people in this House have done that in the past.

Mr Speaker, I am happy my colleague said the Boss, Mrs Kosi Yankey-Ayeh, put out some data recently to show how the disburse- ment went. In that interview, she said about a thousand people received about GH¢1 million out of the Coronavirus alleviation programme. She went further to say that up to 10,000 people received up to GH¢2,000 for various enterprises.

And she said they checked the document before disbursing this money. So I am continuing the point the Hon Majority Leader has said. In the constituency, it should be possible for me to tell how many people in Adaklu benefited from that and even monitor whether when they took the money - Perhaps, there is one close to me who took the money and never applied it to whatever he or she told the NBSSI they were going to use the money to do.

So it is important for Hon Members of Parliament to be able to identify these people to go and do exactly what my colleague Hon Afenyo- Markin said so that they could repay this money if that is the condition for others to benefit from it in the future.

Mr Speaker, if we are able to pass this law, it would solve a lot of problems.

Mr Speaker, I would also want to encourage the NBSSI or the disbursement institution. Often, when we approve these facilities in this House and it comes to their implementation, the Members of Parliament are left out. There was news about a website where one could go and apply, but that is all that happened, and I do not think it is good enough. Hon Members of Parliament could also check if these good policies work effectively.
Mr Speaker 1:13 p.m.
Thank you very much.
Majority Leader (Mr Osei Kyei- Mensah-Bonsu) 1:13 p.m.
Mr Speaker, thank you very much for the opportunity to also make a few observations. It is about the Bill before us.
Mr Speaker, the purpose of the Bill, we are told, is to establish the Ghana Enterprise Agency to promote and develop micro, small and medium enterprises in the country. Until now, the emphasis has been on Small and
Medium Enterprises. The micro enterprises have always lost out.
Mr Speaker, I think another relevant matter before us is also captured in the Memorandum to the Bill, which says that although the National Board for Small Scale Industries established under the National Board for Small Scale Industries Act, 1981 (Act 434) replaced the Ghana Enterprises Development Commission's, Act 434 and did not repeal the Ghana Enterprises Development Commi- ssion Act, (NRCD 330). This Bill therefore seeks to repeal the Ghana Enterprises Development Commi- ssion Act of 1975 (NRCD 330) because the Ghana Enterprises Development Commi-ssion to all intents and purposes no longer exist.
Mr Speaker, in totality, we are told the Bill is intended to establish the Ghana Enterprises Agency to provide the needed support required for the growth and development of the micro, small and medium enterprises sector in the country.
Mr Speaker, while we are at this, it is important for us to be able to determine which industries constitute the micro industries and which industries qualify to be described as small enterprises or medium-scale enterprises. There is no agreement about which industries qualify to be
described as micro enterprises or micro industries or small industries or medium-scale industries.
So Mr Speaker, I guess by this Act, we should be able to, as a nation, determine the scale of operations that would qualify an industry as a micro industry or a small-scale industry or a medium-scale industry. I say so because the issue that the Hon Minority Leader and I were discussing really found expression in a publication by the Private Enterprise Federation (PEF) 2018-2020 publication.
They themselves wrote the definition of micro, small and medium enterprises. They say to us that there is no one definition of MSMEs in Ghana. The definitions are based on different measuring criteria. Mostly the definitions are based on criteria such as the ownership structure of the entity, the number of employees, annual income and value of fixed or tangible assets owned by the entity.
Mr Speaker, again, the NBSSI, the institution mandated to promote the growth of SMEs in Ghana conceptualises SMEs as follows:
Micro enterprise is the enterprise that employs between one and five people with a capital of up to US$10,000; small enterprises, six to
29 employees with capital between US$10,000 and US$100,000; medium enterprises, between 30 and 99 employees with capital invested between US$100,000 and US$1 million and large scale enterprises above 100 employees and above US$1 million capital investment.
Mr Speaker, this is for NBSSI, but the route used by the Ghana Statistical Service is different because in their industrial statistics, they consider firms with less than 10 employees as small- scale enterprises and those with more than 10 employees as medium and large-scale enterprises. So where do we stand?
We should have a common denominator to judge which industries indeed qualify to be described as micro enterprises, medium-scale, small-scale and even large-scale enterprises.
Mr Speaker, the European Union (EU) considers micro, small and medium-scale enterprises as enterprises with up to 250 employees and a turnover of not more than €50 million or total balance sheet of more than €43 million.
Mr Speaker, this is Europe, but we ourselves are not consistent in the numbers that we use to judge which
Mr Speaker, article 36(1) of our Constitution provides that 1:13 p.m.
“The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximise the rate of economic development and to ensure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy.”
Mr Speaker, in particular, article 36(2) (b) provides that 1:23 p.m.
“The State shall in particular take all necessary steps to establish a sound and healthy economy whose underlying principles shall include
(b) affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy.”

We all recognise that in our circumstance, the role of entrepreneurs is much more on the small scale operators than the large scale operators in agriculture and in industry and that is why it is important for the state to afford support to these operators.

Mr Speaker, government's support to industrialists is a sine qua non. The major industrialists in Africa that we all cite - the Mo Ibrahims, the Dangotes and so on, all had active government support and that is why I agree with the Hon Minority Leader that we should eschew partisanship when it comes to supporting industry. Unfortunately, in our part of the world, we have contractors who are crying because they are seen to have supported one party or the other and that is not good for growing our economy.

Mr Speaker, we have people who are into agriculture who are not doing well because they are also perceived in one way or the other to have had some support from one administration

or the other. My Hon Colleague cited the production of toothpicks.

Mr Speaker, we should also be attending to our land tenure system. I remember in the year 1999, the Lands and Forestry Committee went on an inspection to Akumadan, Afrancho, Offinso North, where we witnessed a farm of over 200 acres of bamboo plantation. Not too long after, the proprietor was engaged in litigation which caused her to abandon the farm.

Mr Speaker, Mrs Cotton also ran into problems with the cultivation of rice - had that event not happened which truncated her production of rice, she was also going to be confronted with ownership of the land that had been procured for the production of rice. So while we are at this, it is good that we have passed a new Land Act yet to be assented to by the President. We believe this should sanitise the system for us in the area of agriculture and industry.

Mr Speaker, I believe this support should come to really fuel what we want to do and I agree with the Hon Minority Leader that if we have this in place and we have a fully functional superintending over the One District, One Factory, the promotion of small- scale enterprises should be handled by such a body, going forward.

So Mr Speaker, I agree that we act with a degree of alacrity in the promotion of this Bill before the House adjourns next week so that once it is assented to by the President, the way would be cleared for the removal of all administrative bottlenecks to enable us see a proper functioning of what otherwise used to be the NBSSI.

Mr Speaker, this Bill cannot wait.

Question put and Motion agreed to.

The Ghana Enterprises Agency Bill, 2020 accordingly read a Second time.
Mr Speaker 1:23 p.m.
Hon Members, item numbered 18 on page 10.
Mr Kyei-Mensah-Bonsu 1:23 p.m.
Mr Speaker, we made some efforts and I believe we may have to - we ran into some hurdles so perhaps, we may have to go back and begin afresh.
BILLS -- CONSIDERATION 1:23 p.m.

STAGE 1:23 p.m.

Chairman of the Committee (Mr Samuel Ayeh-Paye) 1:23 p.m.
Mr Speaker, I beg to move, subclause (2), delete and insert the following:
“The Agency may, for the performance of the functions of the Agency, acquire and hold property, dispose of property and enter into a contract or any other related transaction.”
Mr Haruna Iddrisu 1:23 p.m.
Mr Speaker, I have watched carefully, the Hon Chairman's proposed amendment and I have related it to the original Bill. My only concern is that in the original Bill, the words, are “in the performance of the functions”. As I read his proposed amendment, clause 1:
“The Agency may, for the performance …”
I think the appropriate words would be “in the performance” but he should convince me why he wants to use “for the performance”. This is because in the original Bill, it reads:
“In the performance of the functions of the Agency…”
Mr Speaker, we have been consistent but now he is putting it to read “The Agency may, for the performance…” I do not get what drafting language that is.
Mr Speaker, if he is not open to objection, he should change “for” to “in” and I support him.
Mr Ayeh-Paye 1:23 p.m.
Mr Speaker, “The Agency may for …” and “… may in the performance…” -- I do not see much difference so I would go with the Hon Minority Leader's amendment -- [Interruption] -- What is the difference?
Mr Kyei-Mensah-Bonsu 1:33 p.m.
Mr Speaker, really, there is not much distinction, except that if the Hon Minority leader wants to plead with the House to be consistent, then for reasons of consistency, what the Hon Chairman is putting forth here is what we have been doing in this House -- [Interruption] -- Yes, it is everywhere. The Agency or the authority may, for the performance of functions or the Agency or the authority or whatever. This is how we have been couching it.
But if we say,
“The Agency may, in the performance of the functions of
the Agency, acquire…” it is also right. But because he is pleading for consistency, I am indicating to him that -- [Laughter] -- What we have really been doing is the use of the word “for” and not “in”.
Mr Speaker 1:33 p.m.
Hon Members, if that is also right, then will somebody give way?
Mr Iddrisu 1:33 p.m.
Mr Speaker, I am not the promoter of the Bill. The promoter of the Bill used “in”, which means “during”, so even if we use “for”, it is wrong. It should be:
“The Agency may, in the performance…”
Hon Member, can we say, “Parliament for the performance of…” why? Is that Suame English or Kulikuli school English?
Mr Kyei-Mensah-Bonsu 1:33 p.m.
Mr Speaker, I know the Hon Minority Leader wants to win some battles, so let us concede, because the value is the same. Whether it is:
“The Agency may, in the performance of functions…” or “The Agency may, for the performance of the functions of the Agency…”
Mr Speaker 1:33 p.m.
Hon Chairman, what do you say? It is “…in the performance”?
Mr Ayeh-Paye 1:33 p.m.
Mr Speaker, I would want to amend the proposed amendment. The new rendition would be:
“The Agency may, in the performance of the functions of the Agency, acquire and hold property, dispose of property and enter into a contract or any other related transaction.”
Question put and amendment agreed to.
Clause 1 as amended ordered to stand part of the Bill.
Mr Iddrisu 1:33 p.m.
Mr Speaker, with your leave, I would read clause 1, subclause (3):
“Where there is hindrance to the acquisition of land, the land may be acquired for the Air Navigation Agency”.
Mr Ayeh-Paye 1:33 p.m.
Mr Speaker, yesterday, we amended it. We deleted “Air Navigation”. So, it would read:
“Where there is hindrance to the acquisition of land, the land may be acquired for the Agency under the Land Act, 2020 (Act…) and the cost shall be borne by the Agency.”
Mr Speaker 1:33 p.m.
Hon Chairman, so there is some intended amendment.
Mr Ayeh-Paye 1:33 p.m.
Mr Speaker, that amendment was done yesterday.
Mr Speaker 1:33 p.m.
So, does it stands part of the Bill?
Mr Ayeh-Paye 1:33 p.m.
Mr Speaker, yes.
Question put and amendment agreed to.
Clause 2 -- Object of the Agency
Mr Kyei-Mensah-Bonsu 1:33 p.m.
Mr Speaker, unfortunately, the amendment that was proffered does not find expression in the Order Paper, but what was done was to
delete some words in line 2 of section (2), so that it will read:
“The object of the Agency is to provide air navigation services within the airspace of Ghana and any contiguous airspace under the control of Ghana.”
Mr Iddrisu 1:33 p.m.
Mr Speaker, I believe clause 2 as it stands is just all right.
“The object of the agency is to provide air navigation services within the airspace of Ghana and any other airspace within the control of Ghana.”
Mr Kyei-Mensah-Bonsu 1:33 p.m.
Mr Speaker, that one has been appropriately amended yesterday. What I read relates to clause 3 and not clause 2. I was wrong in raising that; it relates to clause 3.
Mr Ayeh-Paye 1:33 p.m.
Mr Speaker, we had an amendment on clause 2 yesterday. With your permission, I beg to read:
“The object of the Agency is to provide air navigation services
within the airspace of Ghana and any other airspace under the control of Ghana.”
Mr Speaker, there are some airspaces that are not within Ghana, but are under the control of Ghana. So, we deleted “within” and we inserted “under”. That was done yesterday and it is now part of the Bill.
Mr Speaker 1:33 p.m.
Hon Member, so that the final rendition will be, please?
Mr Ayeh-Paye 1:43 p.m.
Mr Speaker, the final rendition will be:
“The object of the agency is to provide air navigation services within the airspace of Ghana and any other airspace under the control of Ghana.”
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Clause 3 -- Functions of the Agency
Mr Iddrisu 1:43 p.m.
Mr Speaker, I would want to seek your leave to propose
an amendment. I know that the Hon Chairman has advertised amend- ments, but mine is in respect of clause 3 (b). [Interruption] -- All right, I would wait, when the Hon Chairman gets to clause 3 (b), I would propose an amendment to it.
Mr Ayeh-Paye 1:43 p.m.
Mr Speaker, I beg to move, paragraph (b), line 1, delete “or agreement”, insert “agreement or convention”.
Mr Speaker, the new rendition would read 1:43 p.m.
“Facilitate the implementation of treaty, agreement or convention in respect of air navigation services, to which the Republic is a party.”
Mr Iddrisu 1:43 p.m.
Mr Speaker, I support the Hon Chairman. That is clearly the language in article 75 of the Constitution, when it says: “…A treaty, agreement or convention executed…”
Question put and amendment agreed to.
Mr Ayeh-Paye 1:43 p.m.
Mr Speaker, I beg to move, paragraph (c), line 1, delete “all”.
Mr Speaker, the new rendition would read 1:43 p.m.
“…Safety Management Systems in the operational and technical areas…” The word “all” there is not necessary because we are talking about the operation in the technical areas. Therefore, the new rendition in full would read:
“Develop and implement Safety Management Systems in the operational and technical areas of the Agency to achieve the level of safety required by the State Safety Porgramme.”
Question put and amendment agreed to.
Mr Ayeh-Paye 1:43 p.m.
Mr Speaker, I beg to move, paragraph (d), line 1, delete “respect of matters relating to” and insert “matters relating to the”.
Mr Speaker, the new rendition would read 1:43 p.m.
“Represent the Republic in matters relating to provision of air navigation services.” [Pause]
Mr Dafeamekpor 1:43 p.m.
Mr Speaker, I believe that the new rendition would read: “Represent the Republic in matters relating to the provision of air navigation services.” The Hon Chairman omitted the definite article “the”.
Mr Speaker 1:43 p.m.
Hon Members, considering the time and the Business ahead of us, I direct that Sitting be held beyond the regular Sitting hours.
Hon Members, let us continue.
Hon Chairman of the Committee?
Mr Ayeh-Paye 1:43 p.m.
Mr Speaker, the new rendition would read: “Represent the Republic in matters relating to the provision of air navigation services.”
Question put and amendment agreed to.
Mr Ayeh-Paye 1:43 p.m.
Mr Speaker, I beg to move, paragraph (e), line 1, delete “airport, an aerodrome or an airfield” and insert “aerodrome”.
Mr Speaker, this amendment is necessary because aerodrome is defined in the Bill, and it is defined to mean “airport” and “airfields”. So, to say “airport, an aerodrome or an airfield…” would be a repetition, since aerodrome is a collective noun that represents the airport and the airfields.
Mr Speaker, therefore, the new rendition would read 1:43 p.m.
“Provide, in a public aerodrome in Ghana, air traffic services within the Accra Flight Information Region.”
Question put and amendment agreed to.
Mr Ayeh-Paye 1:53 a.m.
Mr Speaker, I beg to move, clause 3, paragraph (g), line 1, delete “Ghana Armed Forces” and insert “Security and Intelligence Agencies”.
Mr Speaker, Ghana Armed Forces is not the only security agency that deals in aircraft. Today, the Police Service is also using aircraft in combating crime. Very soon, we are going to see Ghana National Fire Service also using aircraft to fight fire so; when we limit it to the Ghana Armed Forces, it is not the best so we decided to use “the Security and Intelligence Agencies”.
Mr Iddrisu 1:53 a.m.
Mr Speaker, on paragraph (g), we have the Ghana Armed Forces but specific to Ghana, we have Air Force. My addition if I have your leave and indulgence collaborate with -- the Hon Chairman says “Security and Intelligence Agencies”. Mr Speaker, when the Constitution says territorial integrity, it does include the airspace of the country so; let us go to the authority of the Ghana Armed Forces. They have the primary duty - and I would come to the Ghana Armed Forces under the Constitution for the protection of our territorial integrity. So, these words, were not just chosen, they were chosen because -
[Interruption]- Hon Majority Leader is drawing my attention to paragraph (k) but even there, I would introduce words, “protection, safety and security”.
Whatever, the Hon Chairman wants, even though I do not agree with his words, “Security and Intelligence Agency”. I would not go for it if I have my way; leave it with the Ghana Armed Forces --[Interruption]-- Hon Majority Leader knows better that is why your Hon Ministers were quarrelling when we were doing that Bill over mandate. So, territorial integrity should be Ghana Armed Forces but I would introduce the word, ‘protection”. They are to protect and then ensure safety and security.
Mr Speaker, and once I have it, even though Hon Majority Leader says we should go, when we come to paragraph (i), are those supports being part of —
Mr Agbodza 1:53 a.m.
Mr Speaker, I support the amendment by the Chairman. Indeed, it is appropriate to change it to “Security and Intelligence Agencies. In many countries, it is not only the Air Force that operates aircraft, some navies even operate aircraft; the police, we are aware in this House that we are in the process of acquiring and operating aircraft.
Mr Iddrisu 1:53 a.m.
Mr Speaker, I listened to my Hon Colleague, Kwame Agbodza and respectfully, let me refer you to article 210 of the 1992 Constitution. It reads:
“There shall be the Armed Forces of Ghana which shall consist of the Army, the Navy and the Air Force and such other services for which provi- sion is made by Parliament.”
That is the word which is used in this Bill. Let us respect this Constitutional provision and let us respect that the Armed Forces; it did not say Air Force; it did not say the Police. The Constitution in article 210 recognises that there is Armed Forces of Ghana and we want to give them a remit to protect the safety of our airspace. It should be granted to them --[Interruption] -- I agree but when we use words -- what is in the Bill? Armed Forces! Armed Forces does not mean the Navy is out or the Air Force is out, Armed Forces mean they are all a part of it that is why it uses the word, the Armed Forces of Ghana, which is created under Chapter 17, article 210 of the Constitution so I would not support the Hon Chairman changing it to the “Security and Intelligence Agencies”.
Mr Speaker, in this country, when you go to our ports, and I just hope I could elaborate it, there is a lot of misbehaviour at the ports in the name of the National Security. They just do anything; clear goods and say they are from the National Security. We cannot risk that for the airport; we want to be able to hold the Armed Forces responsible tomorrow should anything happen within our airspace.
Mr Ayeh-Paye 1:53 a.m.
Mr Speaker, I understand the position of the Hon Minority Leader to say that the Ghana Armed Forces comprises the Navy, the Army and the Air Force. But in this case, we are talking about air navigation agency that is supposed to coordinate, not only with the Ghana Armed Forces but with the Police; with the Fire Service and even drones that would be using the airspace, so if we could further amend and say:
“Ghana Armed Forces and other security agencies” then, of course, we are not concentrating on only the Ghana Armed Forces because we would be short-changed if we say Ghana Armed Forces. What about the Police; the Fire Service?
Mr Speaker 1:53 a.m.
Hon Chairman, save your breath; he agrees with you. Armed Forces and other security
agencies. Hon Minority Leader, are you satisfied?
rose
Mr Speaker 1:53 a.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:53 a.m.
Mr Speaker, respectfully, the National Security outfit includes the Ghana Armed Forces so; if in essence —
Mr Speaker 1:53 a.m.
And other security agencies.
Mr Kyei-Mensah-Bonsu 1:53 a.m.
Absolutely.
Mr Speaker 1:53 a.m.
But there are other security agencies which are not part of the Ghana Armed Forces so we can say Ghana Armed Forces and other security agencies.
Mr Kyei-Mensah-Bonsu 1:53 a.m.
Mr Speaker, we are talking about ensuring and safeguarding of the internal and external security of Ghana. It is the responsibility of the National Security outfit, which includes the Ghana Armed Forces. So, if one says that “the National Security and intelligence agencies, it includes all of them.
Mr Speaker, but if it should be the Ghana Armed Forces and Security
Mr Kyei-Mensah-Bonsu 2:03 p.m.
and Intelligence Agencies because we are talking about the protection, security and safety. That is the work or the function of the security and intelligence agencies. If we must cite the Ghana Armed Forces separately, I do not mind but I thought that if we put National Security and Intelligence Agencies, it encompasses all of them.

However, if we want to still emphasise Ghana Armed Forces, I have nothing against it. In that case, we should include “other security and intelligence agencies”.
Mr Dafeamekpor 2:03 p.m.
Mr Speaker, I believe that the controlling phrase here is, “ensure safety and security of the airspace of Ghana”. In doing so, we must have recourse to the Constitution which is very clear as regards who has the power to safeguard our territorial integrity. I think that our airspace is part of our territorial integrity and that lies squarely with the Ghana Armed Forces.
Mr Speaker 2:03 p.m.
The Hon First Deputy Speaker to take Chair.
Mr Dafeamekpor 2:03 p.m.
Mr Speaker, the National Security issue that we are raising in this matter -- It is not the
entire National Security apparatus that is given power to safeguard the territorial integrity of Ghana. So, we must be very careful that we do not use an enactment to torpedo what the Constitution clearly specifies.
The internal security is not the same as territorial integrity. We must be very careful. The Ministry of the Interior with its agencies have certain powers to ensure internal security which is markedly different from ensuring our territorial integrity which includes our airspace. So, I think the proper institution to cite in this construction is the Ghana Armed Forces and we have to end it there.
That is why we are introducing the clause, “with a collaboration”, so that the collaboration would always be ensured but we must not use this enactment to give them powers that the Constitution has not given them. When we do that, this is what we are creating, so I agree with the Hon Minority Leader that we must maintain the “Ghana Armed Forces”.
Mr Ayeh-Paye 2:03 p.m.
Mr Speaker, the Hon Member who just spoke is limiting himself to security. Air navigation is more about safety to ensure movement of aircraft in the airspace, so he should not think about security alone. Yes, I agree with him but as much as we talk of security and
the Ghana Armed Forces which through the Ghana Air Force is in charge of security in the airspace, we must also ensure that air navigation would not only ensure security but also navigate to ensure safe movement of aircraft from the Air Force, Police, Fire Service and even civilian aircraft. So, he should not let us look at security alone but also look at safety. That is why I said the Ghana Armed Forces and other security agencies, so it covers both the Armed Forces to ensure security and others.
Mr Speaker 2:03 p.m.
I would like to put the Question but if you want us to have a counter vote, that is fine. I would put the Question on the Hon Chairman's amendment as amended further.
Question put and amendment agreed to.
Mr Ayeh-Paye 2:03 p.m.
Mr Speaker, I beg to move, clause 3 , paragraph (h), line 2, delete “military” and insert “security services air”.
We just want to be consistent with this and that is why we are saying “security services air”. It would read: “ensure operational and technical interoperability between civilian and security services air operations”.
MR FIRST DEPUTY SPEAKER
Mr Iddrisu 2:10 a.m.
Mr Speaker, I am against the Hon Chairman's amendment and I believe clause 3 (h) should be maintained as it is. The use of the word “interoperability” means seamlessness; clause 3 (h) which reads: “ensure operational and technical interoperability between civilian and military operations”.
For instance, a civilian aircraft -- [Interruption] If you fly with a civilian aircraft to Tamale, maybe Africa World Airlines and maybe it has problems and only the Air Force can rescue you, that is a seamless communication between the two, a civilian and military operation.
Mr Speaker, I have a difficulty with the Hon Chairman wanting to take away the word “military operations” because - [Interruption] Anyway, I have registered my objection, so if Mr Speaker puts the Question, I am fine but interoperability between civilian and military operations is just good enough. The word “interoperability” means seamless.
Mr Agbodza 2:10 a.m.
Mr Speaker, I want us to read this in the context that the
Mr First Deputy Speaker 2:10 a.m.
Item numbered 18 (viii)?
Mr Ayeh-Paye 2:10 a.m.
Mr Speaker, I beg to move, clause 3, paragraph (i), line 1, delete “co-ordination” and
insert “collaboration”. The new rendition would read:
“manage the airspace of Ghana in collaboration with the relevant Government agencies, to ensure the effective and efficient utilisation of the airspace and the creation of air routes”.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:13 p.m.
Item numbered 18(ix) on the Order Paper?
Mr Iddrisu 2:13 p.m.
Mr Speaker, with regard to clause 3, paragraph (i), having regard to the petition, when we say “manage the airspace of Ghana'' -- they have given the long title of “navigation services'', as “to provide air navigation services''. So, how could they manage the airspace of Ghana? That cannot be their role. The long title is:
“AN ACT to establish Air Navigation Services Agency to provide air navigation services…''
Mr Speaker, Ghana Airports Company and Ghana Civil Aviation Authority are all part of the management of the airspace of Ghana.
Mr First Deputy Speaker 2:13 p.m.
Is Ghana Airports Company part of the management of the airspace of Ghana? No! they operate the port.
Mr Iddrisu 2:13 p.m.
Mr Speaker, they are not responsible for the management of the airspace -- [Interruption.] --That is why I raised the issue. We are to avoid conflicts with the Ghana Airport Company Ltd and the Ghana Civil Aviation Authority. Let us couch this language so that it would recognise that the Air Navigation Services Agency would coordinate and collaborate with relevant Government Agencies to ensure effective and effecient utilisation of airspace and the creation of air routes.
We should not say they should manage the airspace because the management of the airspace is not their function. [Interruption] - The Hon Majority Leader must understand me. Beyond the case of Pepper v Hart, in the future, I would quote the Ghanaian authority for him. Parliamentary debates are now a guide to interpretation, so I want to express myself so that tomorrow, anyone who would interpret this law would know that when I said “manage the airspace'', he argued that air navigation could manage airspace but I am saying that it is not their mandate [Interruption] -- He has given me their mandate -- “air
navigation services'' -- he did not include “manage airspace of Ghana''.
Mr Ayeh-Paye 2:13 p.m.
Mr Speaker, after the passage of this Act, the management of the airspace of Ghana, would be in the hands of this Agency. The Ghana Civil Aviation Authority, would then become a regulator, which would regulate all the Agencies under the Ghana Civil Aviation Authority, like the Accident Investigation Services, the Ghana Airports Company Ltd and the Ghana Air Navigation Agency.
Mr Speaker, the Ghana Airports Company is in grand operations --
Mr First Deputy Speaker 2:13 p.m.
Item numbered (ix) on the Order Paper.
Mr Ayeh-Paye 2:13 p.m.
Mr Speaker, I beg to move, clause 3, paragraph (j), line 3, delete “immediately adjacent portion'' and insert “contiguous areas''.
Mr Dafeamekpor 2:13 p.m.
Mr Speaker, the present amendment suggests that the airspaces that we control are contiguous; that is, we share boundary. However, I know that we control aspects of the airspace of the Republic of Benin but it is not contiguous to the airspace of Ghana because there is Togo airspace as well. [Interruption] -- The word “contiguous'' has been used that is
Mr Dafeamekpor 2:13 p.m.


why we must rephrase it. If we speak of contiguity or anything that is contiguous, it means -- so we should look for a better word.

Mr Speaker, we could say that, “all the airspaces that are under our control''. There is no need to say that “it is adjacent or contiguous''. Once we say it is contiguous, it means that it is immediately after our bounds but in the scheme of things it is not.
Mr Chireh 2:13 p.m.
Mr Speaker, with the issue the Hon Member raised, no matter how we put it -- we control the airspace between Ghana and Benin and they are contiguous. If we are contiguous to Togo and it is also contiguous to Benin, we are contiguous -- [Interruption] -- No they come under our control unless they are separated then they could be on their own and the Bill captures that concept.
Question put and amendment agreed to
Mr Ayeh-Paye 2:13 p.m.
Mr Speaker, I beg to move, clause 3, paragraph (m), opening phrase, after “install'', insert “service'' subgraph (iv), line 3, delete “within'' and insert “under''.
Question put and amendment agreed to
Mr Banda 2:13 p.m.
Mr Speaker, I want to draw the Hon Chairman's attention to clause 2, which is to the effect that the Agency would provide air navigation services within the airspace of Ghana and any other airspace. I wonder if we could do same in respect of clause 3, paragraph (j), to read as follows:
“manage the airspace of Ghana and any other airspace under the control of Ghana in collaboration --''
We have done same to clause 3, paragraph (m) (iv) -- air traffic management necessary for safe and secure navigation under the airspace of Ghana and any other airspace under the control of Ghana.
Mr Speaker, there is a similar language in clause 3 paragraph (m), so I want to propose that under clause 3, paragraph (i), we could insert “manage the airspace of Ghana and any other airspace under the control of Ghana'' then the rest of the provision could follow.
Mr First Deputy Speaker 2:13 p.m.
Hon Chairman, that is the proposal of the Hon Member.
Mr Agbodza 2:13 p.m.
Mr Speaker, I think --
Mr First Deputy Speaker 2:13 p.m.
Hon Chairman, I gave the Floor to you or you want to cede it to the Hon Ranking Member?
Mr Ayeh-Paye 2:13 p.m.
Mr Speaker, the Hon Member may be right but when we say “airspace of Ghana'' it is about the airspace under the control of Ghana, so I do not see the repetition.
Mr First Deputy Speaker 2:13 p.m.
So, why have you added “and any other airspace under clause 3, paragraph (m) (iv) and clause 3, paragraph (j). You have to be consistent. It is either you do not use it or you use it all across board.
Yes, Hon Member for Daboya?
Mr Shaibu Mahama 2:23 p.m.
Mr Speaker, the same confusion was what I needed clarification on. The difference between “airspace of Ghana“ and “airspace under the control of Ghana“. Is it the same or --? [Interruption] All right, if it is not, then, we can carry on board what the Hon Chairman for the Constitutional, Legal and Parlia- mentary Affairs --
Mr First Deputy Speaker 2:23 p.m.
Or we can retain “airspace of Ghana” in the definition to include any other airspace under the control of Ghana.
Mr Kyei-Mensah-Bonsu 2:23 p.m.
Mr Speaker, I believe for the paragraph (i) of clause 3, we can maintain what is here, subject to the amendment proffered by the Chairman of the Committee which has been carried by the House. Come to think of it, with your permission it provides:
“manage the airspace of Ghana in collaboration with the relevant government agencies to ensure effective and efficient utilisation of the airspace...”.
If you add, “ and the creation of air routes;” -- Even though we manage the space, we do not create air routes for Benin. So, adding that becomes a bit difficult and so I think what is here is sufficient.
Mr Agbodza 2:23 p.m.
Mr Speaker, he asked a very important question. Our airspace which we control is called Accra Flight Information Region. On the map, it stretches all the way to the boundary of Nigeria. It is only recently that, for some reason, we took some out. So indeed, when people say that part of Benin or almost the entire landmass of Benin and the air above it is controlled by the Accra Flight Information Region, it is right.
Mr Speaker, the proposal by my Hon Colleague is , is it possible that Ghana may have a territory within this?

Well, currently, it does not. The Accra Flight Information Region is defined. There is even a map among others. [Interruption] -- Exactly, so we are only managing for them and even that is just for civilians. They do their own military operations differently. So, it is not something we can create; It is a defined territory.
Mr Dafeamekpor 2:23 p.m.
Mr Speaker, I see that there is no advertised amendment with respect to clause 3, paragraph (k) but I am wondering whether to say: “the Agency shall grant the Ghana Armed Forces access to air traffic control facilities…” -- [Interruption] Yes, I see that we are using the word, “grant” but if tomorrow they do not grant -- [Interruption] -- I can understand the reason we are saying “shall”, but instead of the use of the word “grant”, I suggest we use “facilitate” because the danger I foresee is that when we put it like this in the enactment, then it means that anytime the Ghana Armed Forces requires to access the air traffic control facilities, the Agency must necessarily grant that access.
Mr Speaker, but when we have an unscrupulous Executive, they would tell you that the Board must meet to do all that and there may be an
emergency. So, I am trying to anticipate a situation where tomorrow, an unscrupulous Chief Executive Officer of the Agency could do that. So, instead of crafting it this way, I suggest that we find another phrase to say, for instance, that “the Agency may facilitate access to Ghana Armed Forces to air traffic control facilities…” Mr Speaker, my point is that, if we place this in the enactment, then anytime whether there is an emergency or not and if they require access, such access must be granted by the Agency. I can foresee trouble one day in denying this access by the Agency. Mr Speaker that is my humble opinion on this one.
Mr Chireh 2:23 p.m.
Mr Speaker, we are making this law in consonance with the ICAO Agreement and they have standards for it, so the language must also be looked at very carefully.
If we start changing some of the things, we may not be in compliance because if we look at this legislation, it is for us to separate the activities of Ghana -- [Interruption] -- Yes, you know that and so the use of words must not be taken lightly. Whatever he wants to suggest, he may, but no Chief Executive -- [Interruption] Mr Speaker, if the first Chief Executive Officer does that, he would be fired that same hour.
Mr Kyei-Mensah-Bonsu 2:23 p.m.
Mr Speaker, beyond that, this provision is deliberately inserted to afford the Ghana Armed Forces the opportunity to access air traffic control facilities. The defence of this country is in the hands of the Ghana Armed Forces and they must have access to air traffic control facilities for operational reasons.
What obtains now is that sometimes they have difficulty accessing the facilities. After all their training, the civilians do not want to grant them access. It is not for nothing that the President is the Commander in Chief of the Ghana Armed Forces.
For daily operational reasons, as and when the Ghana Armed Forces require access to the facilities to at least conduct test runs for the defence of this country, it is important that they are granted access. This is really to cure a mischief that exists already in the system and as the Hon Member for Wa Central also indicated, it is also to conform to the conventions as established by the ICAO protocols.
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Mr Ayeh-Paye 2:23 p.m.
Mr Speaker, there is the introduction of a new clause before clause 4.
Mr First Deputy Speaker 2:23 p.m.
Very well, the new clause --
Mr Ayeh-Paye 2:23 p.m.
Mr Speaker, I beg to move, new clause, add the following new Clause after clause 3:
“Declaration as an essential service
The services of the Agency shall be declared an essential service in accordance with the Labour Act, 2003 (Act
651).”
Mr Banda 2:23 p.m.
Mr Speaker, I am just looking at the language, whether we can say “The services of the Agency shall be declared an essential service…” Because of the plural, “services” and then the singular “service”, rather, I thought it should be:
“The service of the Agency shall be declared an essential service in accordance with the Labour Act, 2003 (Act 651).”
Mr Speaker, the Hon Majority Leader is proffering a rendition which should read 2:33 p.m.
The service of the Agency is an essential service in accordance with the Labour Act, of 2003 (Act 651)”.
Question put and amendment agreed to.
New clause as amended ordered to stand part of the Bill.
Clause 4 -- Governing Body of the Agency

Yes, Hon Chairman?
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (b), line 1, delete “good” and in line 2, before “nominated”, delete “Bar” and insert “bar”.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (xiii)?
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (c), opening phrase, delete “of” and insert “each from”.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (xiv)?
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (c), subparagraph (ii), line 1, before “Defence”, delete “of” and insert “responsible for”.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:33 p.m.
Item numbered --
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, subclause (3), lines 1 and 2, delete “(b), and (e), and subparagraphs (iii) and (iv) of paragraph (c)” and insert “(c) and (e)”.
Question put and amendment agreed to.
Clause 4 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 2:33 p.m.
Hon Members, I have been advised that we can suspend Sitting at this time for one hour for us to have some lunch. We will resume at exactly half past 3 p.m.
Mr Kyei-Mensah-Bonsu 2:33 p.m.
Mr Speaker, respectfully, I think you are suspending the Sitting not the House.
Mr First Deputy Speaker 2:33 p.m.
Thank you. Sitting is accordingly suspended.
Mr Kyei-Mensah-Bonsu 2:33 p.m.
Thank you very much.
2.36 p.m. -- Sitting suspended
4.20 p.m. -- Sitting resumed.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 2:33 p.m.
Is the Hon Chairman of the Committee in?
Mr Kyei-Mensah-Bonsu 2:33 p.m.
Mr Speaker, I believe we can continue. The Hon Chairman is not available but we worked on this together this morning with the Hon Ranking Member. There are no controversies and so I believe we can proceed.
Mr First Deputy Speaker 2:33 p.m.
Very well.
BILLS -- CONSIDERATION 2:33 p.m.

STAGE 2:33 p.m.

Chairman of the Committee) 2:33 p.m.
Mr Speaker, I beg to move, clause 5 delete and insert the following:
“The Board shall
(a)advise the Minister on the formulation of administrative and operational policies of the Agency;
(b) oversee the sound and proper management of the Agency; and
(c)ensure the effective and efficient performance of the functions of the Agency.”
Question put and amendment agreed to.
Clause 5 as amended ordered to stand part of the Bill.
Clause 6 -- Duties and liabilities of a member of the Board.
Mr Kyei-Mensah-Bonsu 2:33 p.m.
Mr Speaker, I beg to move, a proposed amendment on the Order Paper Addendum in respect of clause 6. Clause 6 subclause (2), paragraph (c), lines 1 and 2, delete “without authorisation” and insert “for the benefit of that member or to the detriment of the Board”.
Mr Kyei-Mensah-Bonsu 2:33 p.m.


It would now read: “Without limiting subsection (1), a member of the Board has a duty not to make improper use of information acquired by virtue of the position of that member as a member of the Board for the benefit of that member or to the detriment of the Board.
Mr First Deputy Speaker 2:33 p.m.
Very well.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:33 p.m.
So, we are now working with the Order Paper Addendum. Item numbered (ii).
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, clause 6 subclause (3), lines 2 and 3, delete “not less than ten thousand penalty units and not more than thirty thousand penalty units” and insert the following:
“not less than five thousand penalty units and not more than fifteen thousand penalty units”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 2:33 p.m.
Mr Speaker, the subclause (3) that the Hon Chairman just amended used to
be “to a fine of not less than ten thousand penalty units and not more than thirty thousand penalty units”. But it has now been reduced to “not less than five thousand penalty units and not more than fifteen thousand penalty units” which is about half.
However, the terms of imprison- ment remains the same so I would plead that the draftspersons do the cross checking for us to know whether it commensurates with the penalty units.
Mr First Deputy Speaker 2:33 p.m.
Very well. The draftspersons should make the appropriate alignment.
Item numbered (iii)?
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, clause 6 subclause (4), line 2, after “member”, insert “of the Board” and in line 3, delete “person” and insert “member”.
Question put and amendment agreed to.
Clause 6 as amended ordered to stand part of the Bill.
Clause 7 -- Tenure of office of members of the Board.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (iv).
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, clause 7 subclause (5), line 2, delete “that” and insert “the”.
Question put and amendment agreed to.
Clause 7 as amended ordered to stand part of the Bill.
Clause 8 -- Meetings of the Board.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (v).
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, clause 8, subclause (7), line 2, delete “as” and also delete “referred to in” and insert “as provided under”.
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 -- Disclosure of interest.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (vi).
Mr Ayeh-Paye 2:33 p.m.
Mr Speaker, I beg to move, clause 9 , subclause (3), line 1, delete “a” and insert “the” and in line 2, delete “the benefit derived by a” and insert “any benefit derived by that”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 2:33 p.m.
Mr Speaker, a further consequential amendment to subclause (3), line 3, “appointment of the member” should read “appointment of that member”.
Question put and amendment agreed to.
Clause 9 as amended ordered to stand part of the Bill.
Clause 10 -- Establishment of committees.
Mr First Deputy Speaker 2:33 p.m.
Item numbered (vii).
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 10, subclause (2), line 2, at end, add “only”.
This is to just emphasise that it is non-members only.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.

Clause 11 ordered to stand part of the Bill.

Clause 12 -- Policy directive
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 12, subclause (2), delete and insert the following:
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 13, subclause (1), paragraph (a), delete “Navigation” and insert “Technical”.
Mr Speaker, we are going to have two divisions; one in charge of operations and the other in charge of technical.
Question put and amendment agreed to.
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 13, subclause (2), line 2, delete “realign the Divisions” and insert “establish units of each Division that are necessary”.
Question put and amendment agreed to.
Clause 13 as amended ordered to stand part of the Bill.
Clause 14 -- Chief Executive Officer
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 14, headnote, before “Chief”, insert “Appointment of”.
Question put and amendment agreed to.
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 14, subclause (3), line 1, delete “subject to” and insert “on”.
Question put and amendment agreed to.
Clause 14 as amended ordered to stand part of the Bill.
Clause 15 -- Functions of the Chief Executive Officer
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 15, subclause (1), paragraph (a), line 1, delete “of the affairs” and insert “and operations”
Question put and amendment agreed to.
Clause 15 as amended ordered to stand part of the Bill.
Clause 16 -- Powers of the Chief Executive Officer
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 16, line 1, delete
“propose” and insert “facilitate” and in line 2, delete “any operational matter” and insert “operational matters”
Question put and amendment agreed to.
Clause 16 as amended ordered to stand part of the Bill
Clause 17 ordered to stand part of the Bill
Clause 18 -- Secretary to the Board
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 18, subclause (1), delete and insert the following:
“(1) The head of the Legal Services Unit of the Agency is the Secretary to the Board.”
Question put and amendment agreed to.
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 18, subclause (2), delete.
Question put and amendment agreed to.
Clause 18 as amended ordered to stand part of the Bill.
Clause 19 ordered stand part of the Bill.
Clause 20 -- Funds of the Agency
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 20, subclause (1), paragraph (c), delete “one hundred” and insert “forty”
Question put and amendment agreed to.
Mr Ayeh-Paye 4:30 p.m.
Mr Speaker, I beg to move, clause 20, subclause (3), delete.
Question put and amendment agreed to.
Mr Rockson-Nelson E. K. Dafeamekpor 4:30 p.m.
Mr Speaker, I am aware that sometime last year, we amended the Metrological Services Agency Act and slapped a 10 per cent charge on enroute charges. So what would be left for us to deal with would no longer be 100 per cent. I was trying to discuss with the Hon Minister. So the 100 per cent we have indicated here as being part of the sources of fund might have to be varied.
Mr First Deputy Speaker 4:30 p.m.
Which clause are you dealing with?
Mr Dafeamekpor 4:30 p.m.
Mr Speaker, I speak of clause 29(1) (d), which is 100 per cent of enroute charges.
Mr First Deputy Speaker 4:30 p.m.
I am sure that if you go back, you would see -- [Interruption] We have amended that earlier.
Mr Dafeamekpor 4:30 p.m.
Very well, Mr Speaker. I am guided.
Mr First Deputy Speaker 4:30 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 4:30 p.m.
Mr Speaker, the point being made by Hon Dafeamekpor is that in respect of clause 20 (1) (d), he is reminding us that the 100 per cent of the on- route charges which appears as 10 per cent of enroute charges has already been taken out to the Meteorological Services Agency. That then would mean that we would not have the 100 per cent.
Mr First Deputy Speaker 4:40 p.m.
We have moved. Just before that, we have changed that to 40 per cent.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker that is (c). We have (d).
Mr First Deputy Speaker 4:40 p.m.
100 per cent of enroute charges.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Yes, that is what he is talking about.
Mr First Deputy Speaker 4:40 p.m.
But that would not be a meteorological charge.
Mr Ayeh-Paye 4:40 p.m.
Mr Speaker, the sponsors of the Bill have admitted that 10 per cent of enroute charges has already been given to the Meteorological Department. So we want to amend and then 20(1) (d), it becomes 90 per cent of the enroute charges.
I so move, Mr Speaker.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, respectfully, my attention has been drawn by Hon Rockson Dafeamekpor speaking from the top of his head. I would plead that we doubly check to be very sure. I think that he has good intentions in drawing our attention, but we are not too sure of that.
Mr First Deputy Speaker 4:40 p.m.
Very well.
Clause 20 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 4:40 p.m.
If you find any new evidence, bring it to us for review.
Clause 21 to 24 ordered to stand part of the Bill.
Mr First Deputy Speaker 4:40 p.m.
I cannot see clause 25 in the Bill that I have. Hon Majority Leader, I am thinking that in the absence of clause 25 in this one, I would go to clause
36.
Mr Ayeh-Paye 4:40 p.m.
Mr Speaker, there is a new clause, clause 25, which we want to insert.
Mr First Deputy Speaker 4:40 p.m.
It is not advertised. If you want to state it, I would admit it.
Mr Ayeh-Paye 4:40 p.m.
Mr Speaker, there is a new clause on page 5, item numbered (xxvii).S I can take that amendment now.
Mr First Deputy Speaker 4:40 p.m.
You may move it.
Mr Ayeh-Paye 4:40 p.m.
Mr Speaker, I beg to move add the following new clause:
“Appointment and functions of Deputy Chief Executive Officers
(1) The President shall, in accordance with article 195 of the Constitution, appoint two Deputy Chief Executive Officers, one of whom shall be in charge of the Technical Services Division, and the
other in charge of the General Corporate Services Division.
(2) The Deputy Chief Executive Officers shall assist the Chief Executive Officer in the performance of functions under this Act.
(3) A Deputy Chief Executive Officer shall, in addition to the functions specified in subsections (1) and (2), perform any other functions assigned by the Board.
(4) In the absence of the Chief Executive Officer, the senior Deputy Chief Executive Officer shall perform the functions of the Chief Executive Officer.”
Question put and amendment agreed to.
New clause ordered to stand part of the Bill.
Mr Ayeh-Paye 4:40 p.m.
Mr Speaker, there is another advertised new clause. Can I take that one and finish with the clause 26.
Mr First Deputy Speaker 4:40 p.m.
Is that part of clause 25?
Mr First Deputy Speaker 4:40 p.m.
Very well.
Mr Ayeh-Paye 4:40 p.m.
Mr Speaker, I beg to move, add the following new Clause:
“Regulations.
(1)The Minister may, on the recommendations of the Board, by legislative instru- ment, make Regulations to provide for the effective and efficient implementation of this Act.
(2) The Regulations made under this Act shall not be inconsistent with the Chicago Convention.”
Question put and amendment agreed to.
New clause ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, there is an omission to the insertion in respect of the Deputy Chief Executive Officers, usually when we have two Deputy Chief Executives, we provide that the senior
among them would deputise for the Chief Executive Officer in his or her absence. I think that provision is missing.
Mr First Deputy Speaker 4:40 p.m.
It is there.
“In the absence of the Chief Executive Officer, the Senior Deputy Chief Executive Officer shall perform the functions of the Chief Executive Officer.”
That is the last of the first new clause.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, I am looking at the original Order Paper. I am sorry.
Clause 26 -- Execution against assets of the Agency
Mr Ayeh-Paye 4:40 p.m.
Mr Speaker, I beg to move, subclause (2), line 2, delete “the direction of a competent court” and insert “a court of competent jurisdiction”.
Mr Kyei-Mensah-Bonsu 4:40 p.m.
Mr Speaker, I think the Chairman is missing out on something. You said we should delete “direction” and insert “order” so that it would read:
“… subject to an order of a court of competent jurisdiction…”
Mr Speaker, I think that inadvertently, it was left out of the advertised amendment. So the full complement of it should read:
“Any sum of money which may be awarded against the Agency shall, subject to an order of a court of competent jurisdiction, be paid from the funds of the Agency.”
Question put and amendment agreed to.
Clause 26 as amended ordered to stand part of the Bill.
Clause 27 -- Interpretation
Mr Ayeh-Paye 4:50 p.m.
Mr Speaker, I beg to move, Interpretation of “aerodrome operator”, delete and insert the following:
“‘aerodrome operator' means a person who manages an aerodrome;”
Question put and amendment agreed to.

Clause 27 as amended ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, I am struggling to see where else we have used “the airport” that is being interpreted, because we deleted “the airport” and now we have “ `airport` means an airfield where aircrafts land”, but it is “the aerodrome”.
Mr First Deputy Speaker 4:50 p.m.
Hon Member,
“Air traffic services includes the following services:
(a)Ground control service;
(b) Aerodrome control service;
(c)Approach control service;
(d) Flight information service;
(e)Alerting service; and
(f) Instrument flight procedure design service”
It is on page 22 of the Bill.
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, page 22 is on the interpretation. I said that we deleted “airport” and retained “aerodrome”. I am not too sure that we have used “airport” anywhere in the Bill.
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, we have used “aerodrome” and not “airport”. That is under functions of the Agency.
Mr First Deputy Speaker 4:50 p.m.
Yes, but the interpretation is aerodrome and not airport.
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, “airport” is defined on page
22.
Mr First Deputy Speaker 4:50 p.m.
Hon Member, is it in the Bill?
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Yes, but now we have deleted it, so it cannot be interpreted in the Bill -- [Interruption] -- I am suggesting that we delete the interpretation of “airport”, because it has not been used in the Bill.
Mr First Deputy Speaker 4:50 p.m.
Very well, kindly move it.
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, accordingly moved.
Thus, clause 27, interpretation, delete “airport”.
Question put and amendment agreed to.
Clause 27 as amended ordered to stand part of the Bill.
Clause 28 ordered to stand part of the Bill.
Clause 29 --Transitional provisions.
Mr Ayeh-Paye 4:50 p.m.
Mr Speaker, I beg to move, clause 29, subclause (1), delete and insert the following:
“The Authority shall, within three months of the coming into force of this Act, ensure the transfer to the Agency, all assets and liabilities and staff and employees of the Authority, agreed to in writing between the Authority and the Agency.”
Mr Agbodza 4:50 p.m.
Mr Speaker, this is quite a complicated organisation. What if we have a situation where after we finish the first meetings, there were petitions which we said were laid.Mr Speaker, we are trying to separate two organisations that are currently having challenges co- existing. If they should do this within three months and set them apart, I think it is too tight. This was discussed, but we did not arrive at a consensus, and for the Hon Chairman to spring this up at this last minute, it
is not a good idea. Let us leave it as six months.
Mr Ayeh-Paye 4:50 p.m.
Mr Speaker, the air navigation unit exits already at the Ghana Civil Aviation Authority (GCAA). The Hon Member knows because he is the Ranking Member of the Committee. He knows that they have already built their office and they have air navigation staff working with the GCAA. So it would not be so difficult to move the unit and change the law. The staff who are already under Air Navigation Unit will be moved to - It is a technical agency, so the words define who should go to Air Navigation Unit and who should stay at the GCAA. So, it would not be so difficult. I think three months is enough for them to do the transfer.
Mr First Deputy Speaker 4:50 p.m.
Hon Member, so if they are not done in three months, what will happen? Why do we even need to put time limits on them?
Mr Agbodza 4:50 p.m.
Mr Speaker, even the building he talked about is an uncompleted one. The issue is now about space for them to work. If it is six months and they can do it within three months, it is not wrong. But for him to say that it has been done within three months, that is a problem.
Mr Ayeh-Paye 4:50 p.m.
Mr Speaker, I would drop my earlier amendment, because when we say within six months, if the situation is such that within one month, they can separate, I think it is in order. So, I would maintain the “six months”. Mr Speaker, I beg to move, clause 29, subclause (1), delete and insert the following:
“The Authority shall, within six months of the coming into force of this Act, ensure the transfer to the Agency, all assets and liabilities and staff and employees of the Authority, agreed to in writing between the Authority and the Agency.”
Mr Ayeh-Paye 4:50 p.m.
Mr Speaker, I beg to move, clause 29, subclause (3), lines 1 and 2, delete “matters related to air navigation” and insert “matters related to the provision of air navigation service”.
Mr Kyei-Mensah-Bonsu 4:50 p.m.
Mr Speaker, subclause (3):
“Proceedings taken by or against the Authority in respect of matters related to air navigation service shall be continued by or against the Agency”
Mr Ayeh-Paye 4:50 p.m.
Mr Speaker, item numbered (xxv) is a repetition, so I will move to item numbered (xxvi).
Mr First Deputy Speaker 5 p.m.
That was subclause 3 (1), and this is subclause 4 (1). So, it is the same amendment, but necessary.
Question put and amendment agreed to.
Mr Ayeh-Paye 5 p.m.
Mr Speaker, I beg to move, add the following new subclause:
“Any moneys in a bank account held by or on behalf of the Authority in respect of matters related to the provision of air navigation service before the coming into force of this Act shall, within one month of the coming into force of this Act, be
transferred to the bank account of the Agency established under this Act.”
Mr Kyei-Mensah-Bonsu 5 p.m.
Mr Speaker, again, in line three, I propose that we add the word “s” to the word “service” to read “services”.
Mr First Deputy Speaker 5 p.m.
So, it would become “air navigation services.”
Question put and amendment agreed to.
Mr Ayeh-Paye 5 p.m.
Mr Speaker, I beg to move, subclause (6), delete.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 5 p.m.
Mr Speaker, to the Hon Chairman and the Hon Minister, do they not consider that subsection (5) of clause 29 makes appointments overly restrictive, when it provides: “Executive management appointments to be made upon the coming into force from this Act…” In any event, it should rather be captured as “of this Act”, not “from this Act”, “…shall be made from existing staff of the Authority to be transferred to the Agency.” Is the case that no Executive appointment can be made from outside not overly restrictive? I do not think so at all.
Mr First Deputy Speaker 5 p.m.
But in any case, if a staff is being transferred, then why do they need to be appointed again? It says: “Executive management appointments to be made upon the coming into force of this Act, shall be made from existing staff of the Authority to be transferred to the Agency.”
It is the staff that are being transferred, and they go with their respective positions and ranks. Am I right? So, after that, even if the Authority expands, they would not recruit anymore. Does the Air Services Department have a legal department? They do not. The Aviation Authority may have a legal department, but when you are creating a new Authority and have actually made the head of legal to be the secretary to the Board, meanwhile, you do not have a legal department, why then are you saying that you cannot recruit from outside of the Agency? I think that, that entire place should be deleted.
Mr Dafeamekpor 5 p.m.
Mr Speaker, this matter came up at the Committee level, and that was why for instance under the provision for the creation of divisions or departments, I was specific that in other sister Bills, we were specific that they could establish one or two key departments, and then as and when it is necessary, the Board
could create others, so that for instance, if we have a legal department, then the head could now become the secretary to the Board. However, with the way it is, you are right that we have not made provision for that, therefore, it supposes that we may be recruiting from outside. So, we had the opportunity to have made provision for it.
Mr First Deputy Speaker 5 p.m.
Hon Chairman, what is your suggestion?
Hon Minister, should we or should we not delete it?
Mr Joseph Kofi Adda 5 p.m.
Mr Speaker, our concern is that with the situation in which we are now, if we go straight into recruiting from outside, we may not be able to pay. So, we thought that this transition clause would give us the chance to be able to transfer people on secondment even from within the sector, so that we could go through that transition. That was why we made provision for this.
Mr First Deputy Speaker 5 p.m.
There is no disagreement with that. That is why you have made provision for assets and staff to be transferred straight. So, the staff go with their respective positions and ranks. However, here, it reads: “Executive management appointments to be
Mr Adda 5 p.m.
Mr Speaker, I would take a cue from it.
Mr Kyei-Mensah-Bonsu 5 p.m.
Mr Speaker, I do not think that it is necessary, but the Hon Minister has not made up his mind yet. So, we should flag this, so that maybe when we come back, if there is a chance for a Second Consideration, one would have thought through it better, and we would see how to better render it. However, I do not think that it is a good provision at all. So, we can maintain it and flag it, so that when we come to the Second Consideration Stage, we would see what to do about it.
Mr First Deputy Speaker 5 p.m.
So, I would defer the Question on clause
29.
Mr Kyei-Mensah-Bonsu 5 p.m.
Mr Speaker, to the extent that the Hon Minister himself is not too certain about what he wants to do, you may put the Question. Let us conclude it,
so that when we come to the Second Consideration Stage, if there is going to be a chance to resurrect it, then we could. By that time, maybe, the Hon Minister would have made up his mind. However, let us conclude it, so that we would know that we have concluded debate on this.
Clause 29 as amended ordered to stand part of the Bill.
The Schedule is ordered to stand part of the Bill.
The Long Title -- An Act to establish the Air Navigation Services Agency to provide air navigation services within the airspace of Ghana and any other airspace within the control of Ghana and for related matters.
Mr Ayeh-Paye 5 p.m.
Mr Speaker, I would want to propose an amendment to the Long Title.
Mr Speaker, I beg to move that on line 2, after “airspace” we delete “within” and insert “under”. Therefore, the new rendition would read:
“An Act to establish the Air Navigation Services Agency to provide air navigation services within the airspace of Ghana and any other airspace under
the control of Ghana and for related matters.
This amendment is necessary because some of the airspace under the control of Ghana is not within Ghana. [Interruption] --
Mr First Deputy Speaker 5 p.m.
Hon Chairman, you should address me and ignore their sights.
Mr Ayeh-Paye 5:10 a.m.
Mr Speaker, that is the reason for my proposed amendment.
Question put and amendment agreed to.
Long Title as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 5:10 a.m.
Hon Members, that brings us to the end of the consideration of the Air Navigation Services Agency Bill, 2020.
Hon Majority Leader, what next? -- [Pause] --
Mr Kyei-Mensah-Bonsu 5:10 a.m.
Mr Speaker, respectfully, if we could begin with the consideration of the Plant Variety Protection Bill, 2020? We have agreed that we would not
travel far but just to be fair to the Hon Attorney-General who has been here with us the whole day.
Mr First Deputy Speaker 5:10 a.m.
Hon Majority Leader, what does “we would not travel far” translate into?
Mr Kyei-Mensah-Bonsu 5:10 a.m.
Mr Speaker, we could do up to clause 4.
Mr First Deputy Speaker 5:10 a.m.
Very well.
Hon Members, the Plant Variety Protection Bill, 2020 at the Consideration Stage?
BILLS -- CONSIDERATION 5:10 a.m.

STAGE 5:10 a.m.

Mr First Deputy Speaker 5:10 a.m.
Clause 2?
Clause 2 -- Meaning of variety
Ranking Member, Committee on Constitutional, Legal Parliamentary Affairs (Alhaji Inusah A. B. Fuseini) on behalf of
Mr Kyei-Mensah-Bonsu 5:10 a.m.
Mr Speaker, just a minor observation; I believe you could direct the draftspersons to effect the change that is in the preambular in clause 2, line 2 which reads:
“Variety means a plant grouping, within a single botanical taxon of the lowest known rank which grouping, irrespective of whether the conditions for the grant of the plant breeder rights are fully met, can be…”
Mr Speaker, there should be a (,) after the “grouping”.
Clause 2 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 5:10 a.m.
The draftspersons are directed to insert the comma after the “grouping” in line 2 of the clause 2.
Clause 3 -- Conditions of variety for the protection a plant breeder rights.
Alhaji I. A. B. Fuseini 5:10 a.m.
Mr Speaker, I beg to move, clause 3, Opening phrase, line 2, delete “it” and insert “the variety”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 5:10 a.m.
Mr Speaker, is the case that for a variety to be deemed suitable for the purpose of protection, it must have all these characteristics or it could have one or two or any of them?
Clause 3 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 5:10 a.m.
Clause 4?
Mr Kyei-Mensah-Bonsu 5:10 a.m.
Mr Speaker, I asked the question, and flowing directly from what obtains in clause 3, is clause 4 which provides:
“A variety is new if at the date of filing a relevant application…”
Mr Speaker, it is alright; the others follow; I now see.
Clause 4 ordered to stand part of the Bill.
Clause 5 -- Distinctness
Alhaji I. A. B. Fuseini 5:20 a.m.
Mr Speaker, I beg to move, clause 5, subclause (1), opening phrase, line 1, delete “it” and insert “the variety”.
Question put and amendment agreed to.

Clause 5 as amended ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 5:20 a.m.
Mr Speaker, I was saying that we could do up to clause 7, that is the description of the characteristics, so that we end at the sessional notes in clause 8.
Mr First Deputy Speaker 5:20 a.m.
Very interesting. When we get to clause 7, I hope you do not propose that we go up to clause 8. [Laughter]
Very well. Clause 6?
Clause 6 -- Uniformity
Alhaji I. A. B. Fuseini 5:20 a.m.
Mr Speaker, I beg to move, clause 6, line 2, delete “its propagation” and insert “the propagation of the variety” and in line 3, delete “its relevant characteristics” and insert “the relevant characteristics of the variety”.
Mr Kyei-Mensah-Bonsu 5:20 a.m.
Mr Speaker, we are describing “a variety”, then we move to “the variety”. The next subsequent one should be “that variety”. So we should just look at the construction, otherwise, the principle is understood so I guess the officers at the Table would take notice of what I am saying and do what is appropriate. Mr Speaker, they know what to do.
Alhaji I. A. B. Fuseini 5:20 a.m.
Mr Speaker, I beg to further move, in line 2 of clause 6, delete “its propagation” and insert “the propagation of the variety” and in line 3, delete “its relevant characteristics” and insert “the relevant characteristics of that variety”.
Immediately after the first amendment, any “variety” appearing after “the variety” becomes “that variety”. So, the fourth “variety” would be “that variety”.
Question put and amendment agreed to.
Clause 6 as amended ordered to stand part of the Bill.
Clause 7 ordered to stand part of the Bill.
Mr First Deputy Speaker 5:20 a.m.
That brings us to the end of the consideration of the Plant Variety Protection Bill, 2020 for today.
ADJOURNMENT 5:20 a.m.

  • The House was adjourned at 5.25 p. m. till Friday, 30th October, 2020 at 10.00 a. m.