Debates of 2 Nov 2020

MR SPEAKER
PRAYERS 12:10 p.m.
Mr Speaker 12:10 p.m.
Hon Members, Correction of the Votes and Proceedings of Friday, 30th October,
2020.
Mr Speaker 12:10 p.m.
Hon Members, we have the Official Report of Wednesday, 21st October, 2020, for correction.
Mr Speaker 12:10 p.m.
Hon Members, we have the Official Report of Thursday, 22nd October, 2020, for correction.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 12:10 p.m.
Mr Speaker 12:10 p.m.
Hon Members, item listed 3 -- Statements. The Hon Minister for Agriculture will make a Statement.
STATEMENTS 12:10 p.m.
Minister for Agriculture (Dr Owusu Afriyie Akoto) 12:10 p.m.
Mr Speaker, thank you for admitting me to this august House to brief Hon Members of Parliament about the celebration of this year's National Farmers' Day -- the 36th edition since the inception of this most important national event.
National Farmers' Day celebrations, as we do know, has the objective of honouring hardworking farmers and fisher folks of this country for their invaluable contribution to our sustenance and well-being as a people. The overwhelming consensus about the importance of the event has made the celebration a national obligation.
Mr Speaker, two major developments this year -- the COVID-19 pandemic and the upcoming general elections -- have significantly altered the plans for this year's Farmers' Day celebrations. The threat of COVID-19 pandemic to public health and safety, which necessitated the imposition of restrictions and the the movement of people and the enforcement of other protocols, raised serious questions about the feasibility of organising this year's National Farmers' Day celebrations.
Indeed, we were caught up in a dilemma, a catch-22 situation of not honouring our farmers and fisher folks as a national gesture of appreciation for their role in national development, and the likely adverse effect on their motivation or to proceed to organise the event with all the attendant risks.
Eventually, after extensive consultations, a decision was taken to organise the event with some innovative solutions such as leveraging technology and ensuring strict adherence to the protocols and directives announced by the President.
Mr Speaker, as a result, for the first time in the history of the preparatory phase of the event, the 2020 National Farmers' Day celebration was
launched virtually. The main factor that tipped the decision in favour of organising the event was the fact that the COVID-19 pandemic had highlighted the indispensability of farmers.
In a very significant way, our farmers and fisher folks kept the nation afloat at the peak of the pandemic by continuously breaking their backs to put food on our tables, and providing our nutritional needs, which is a vital requirement for strengthening the immune system to effectively combat the COVID-19 virus.
Further on, we recognised that the toil and sweat of farmers have ensured that the country's food security is firmly intact, and has helped to avert hunger which some people feared. I must hasten to add that Planting for Food and Jobs, Government's flagship programme, accounted largely for the country's food security and ability to effectively manage the pandemic.
Mr Speaker, on the basis of these factors, I am pleased to inform the august House that the 2020 National Farmers' Day celebrations will be commemorated as statutorily required. It is important to report, however, that owing to the upcoming general elections on 7th December, 2020, the date for the event has been altered on the first Friday of
Minister for Agriculture (Dr Owusu Afriyie Akoto) 12:20 p.m.
December as dictated by law to November 6, 2020. This decision was taken because the general elections, in our considered view, takes precedence over every event on our national calendar.

Mr Speaker, this year the National Farmers' Day will be held in Techiman, the capital of the Bono East Region, one of the six infant regions created by His Excellency, Nana Addo Dankwa Akufo-Addo. In several ways, the decision is significant. Amongst them is the fact that it affords the people of the Region the opportunity to enjoy a major benefit of their new status as an administrative region.

Furthermore, as a major trading centre in food stuffs, Techiman is more than an appropriate place to hold such an important national event to draw down the curtain of the Farmers' Day celebrations in the first term of the stewardship of His Excellency President Akufo-Addo.
Mr Speaker, this year's celebrations would be held under the theme 12:20 p.m.
“Ensuring agribusiness development under COVID-19, opportunities and challenges.” The choice of the theme has contemporary
significance, given the ravaging effect of COVID-19 on socio-economic activities globally. Consistent with the celebrations of the National Farmer's Day under this Government, I wish to inform this august House that a weeklong agricultural fair would also be held in Techiman, starting from November 2nd 2020, which is from today onwards. The fair, as you would appreciate, would provide a platform for interaction amongst farmers and other stakeholders of agriculture on improving agribusiness along the value chain. It is also designed to whip up interest in the Farmers' Day celebrations, and to ensure its overwhelming success.
Mr Speaker, at this juncture, I now have the singular honour and privilege to invite you and Hon Members of this Parliament to join His Excellency the President of the Republic, who would grace the occasion to honour our gallant farmers.
Mr Speaker 12:20 p.m.
Thank you very much, Hon Minister, for your very kind and precise briefing.
Hon Members, I would take one comment from each Side, and then I would move on to the Leaders.
Yes, Hon Member?
Mr Kwasi Etu-Bonde (NDC -- Kintampo North) 12:20 p.m.
Mr Speaker, I thank you for giving me the opportunity to make a comment on the Statement ably read by the Hon Minister for Agriculture.
Mr Speaker, I would take this opportunity to thank the Hon Minister on behalf of Ghanaian farmers, especially, with me being a national best award winning farmer. The celebration of Farmer's Day in Ghana is very important. This is because if you look at agriculture, it contributes to about 41 per cent of Ghana's total employment. This means that the agricultural sector, if well developed, could help solve these unemployment issues that we are facing in the country.
When we look at the issue of foreign exchange earner, normally, it has been stated that gold is number one, but in reality, gold earnings do not come into the country unlike cocoa. There is a statement that cocoa is Ghana, and Ghana is cocoa. This means that the agricultural sector contributes more to the national development in terms of foreign exchange. So, recognising farmers is something that is worth mentioning here.
Mr Speaker, again on the issue of food security, it is stated that one is what he eats. Over the years,
Ghanaian farmers have sustained Ghana in terms of food security. Even during this COVID-19 crises, Ghana has not been found wanting, in terms of food. So, it is worth saying well done to the Ghanaian farmers.
Looking at the theme which says: “Ensuring agribusiness development under the COVID-19, the opportunities and challenges”, I think that I have this to say. If we look at Ghana, our agricultural sector has consisted mostly of the primary production. Now, the flagship project is “Planting for Food and Jobs”.
If we look at it, technically, when we say “planting”, it means that we have reduced agriculture into the crop sector, and also in terms of the “for Food and Jobs”, food is more of subsistence level. So, I am happy that now, we have seen agriculture as agribusiness. Business means that there should be wealth generation and prosperity for the farmer, but if it is only food, then it means that Ghanaian farmers would be poor.
Mr Speaker, with this, I would entreat that current and future Governments should look at value addition in agriculture. The Hon Minister just talked about the value chain. If we add value to our agricultural commodities, it can create a lot of jobs. This is because it is
Mr Speaker 12:30 p.m.
Thank you very much, Hon Member.

Deputy Minister for Agriculture (Mr Kennedy Nyarko Osei): Mr Speaker, I also rise to support the Statement made by the Hon Minister.

Mr Speaker, agriculture is the main stay of our economy, and for several years, it has been the backbone of many families in this country. It has led a lot of families from poverty, so agriculture would continue to be a key focus or drive for this economy. This year's Farmers' Day would focus on agribusiness development under the circumstances of COVID-19, the opportunities and the challenges.

Mr Speaker, for several years, most people who involved in agriculture have been engaged in subsistence farming. They produce for their families, feed themselves and keep some for the hard times. We have not paid particular attention to the agribusiness part of agriculture.

We are talking about how we are able to add value or see agriculture as a commercial activity. We have gotten to a point where it has become necessary for us as a country to attach more value to whatever we produce in this country.

Mr Speaker, records have shown that in this country alone, the value of food that we produce which go waste amounts close to US$8 million. Statistics have shown that almost 60 per cent of the food that we produce go waste. We use only 40 per cent of it, so it tells us that if as a country we are able to add value to whatever we produce and address all issues on the value chain, it is something that would help us.

Under the leadership of His Excellency, Nana Addo Dankwa Akufo-Addo and the able Minister, the Hon Afriyie Akoto, several policies and programmes have been introduced, and they have contributed immensely to the lives of many people in this country.

We are talking about Planting for Food and Jobs; Rearing for Food and Jobs; the Planting for Export and Rural Development (PERD); and the Aqua Culture for Food and jobs.

Mr Speaker, these programmes have been well thought through and put together to relieve majority of Ghanaians from the sufferings that they go through, so this years' Farmers' Day celebration is to give recognition to the work that our gallant farmers are doing in this country. And we also want to assure them that this

Government would also do everything possible in its capacity to support whatever that they are doing, and I am happy that we have chosen such a theme that would transform the entire sector, ensuring that we add value to whatever we produce from our farms and we do not leave the produce to go waste at the farmland.

Mr Speaker, it is important that all of us here, in one way or the other, have been farmers in one time or the other; our families have engaged into farming before. Now, we have to also teach them that we could treat farming as a business model, and not as the old way where we produce and eat and that is it. We want to improve the living standard of the ordinary person, that is, to support them to make money from whatever they do.

Mr Speaker, with these few words, I would like to end here and also urge my Hon Colleagues to also show same support.
Dr Francis Bawaana Dakura (NDC -- Jirapa) 12:30 p.m.
Thank you, Mr Speaker, for the opportunity to contribute to this very important topic.
Mr Speaker, I think the Hon Minister has chosen what I believe is the right theme. After all, this is the
Chairman of Committee on Food and Agriculture and Cocoa Affairs (Mr Kwame Asafu Adjei) 12:30 p.m.
Mr Speaker, I am most grateful to the Hon Minister for Food and Agriculture and the Government for holding agriculture firmly in this country to the extent that, with the Covid-19, we still have enough food to feed the people.
Mr Speaker, I am happy to inform you that in the whole of West Africa, the food prices in Ghana are far cheaper than they are in other West African countries because of good policies put in place. Everybody is talking about the modernisation of agriculture; adding value to food. There cannot be value addition without having the necessary implements.
This Government has done so well in modernising agriculture. I am talking about the importation of tractors into this country; involving extension officers and also making available credit facilities to Ghanaian farmers.
A typical example is the Ghana Incentives Based Waste Sharing System for agricultural lending. This would facilitate lending in the agricultural sector and I think that it is very important. There is also the introduction of the Ghana
Commodities Exchange. There are also warehouses now in place in almost every district for the storage of agricultural commodities.
Mr Speaker, when it comes to the area of production, rice production has gone up by 24 per cent, maize by 72 per cent, soya beans by 39 per cent and sorghum by 100 per cent. This is no mean achievement, so we should all come along as a country and assist the Government and the President in moving agriculture forward.
With these few words, I support the Statement made by the Hon Minister for Food and Agriculture.
Mr Speaker 12:30 p.m.
Thank you very much, Hon Member.
Leadership?
Deputy Minority Leader (Mr James Klutse Avedzi): Mr Speaker, I rise to support the Statement made by the Hon Minister for Agriculture and to talk about two points.
Mr Speaker, the Hon Minister talked about agri-business and I do not think that this is the first time that as a country, we are talking about agri- business. We have said it over and over again, so the Hon Minister must
put in place the right strategies to ensure that this does not become just a mere talk. We have to follow up and implement it because we have said it over and over again. However, because we do not follow through with whatever we want to do, agriculture is not becoming an attractive business for the youth. Most youth do not want to go into agriculture because it is not attractive.
What would happen in the future when the elderly ones in agriculture are no more? We have to package agriculture in such a way that it becomes more attractive to the upcoming generation, so that the contribution of agriculture to our GDP does not fall. If we do that and it becomes more attractive, the issue of unemployment would be solved. This is because most people think that doing a white collar job is employment but the farmer who is producing for his survival is also employed. So let us make it more attractive.
One way to make it more attractive is for us the leaders to also go into agriculture. Ministers, Members of Parliament (MP), District Chief Executives (DCE) and Municipal Chief Executives (MCE) must all look to agriculture to set the example, so that the youth would realise that if their
MP is also into agriculture, why not them? If we do not do this, I can assure you that this would become one of the mere talks that we have gone through over the years. So, let us make agriculture more attractive to the new generation so that we can survive as a country.
Thank you, Mr Speaker.
Mr Speaker 12:30 p.m.
Thank you very much.
Majority leadership?
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 12:30 p.m.
Thank you, Mr Speaker, for the opportunity to also make a few observations about the Statement made by the Hon Minister for Agriculture in commemoration of the efforts of our farmers.
Mr Speaker, to begin, the Hon Minister in his Statement indicated to us that there are six new Regions and it was thought to be prudent to let one of the six Regions host this year's Farmers' Day. There is something that I have been thinking through. I do not know, whether indeed and in truth, we can say that there are six new regions or there are 10 new regions.
We created the Oti Region out of the Volta Region and what remains of the Volta Region now, for all intents
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) 12:50 p.m.
and purposes, is not the old Volta Region. So, the Volta Region as we have now is still a new Region, to the extent that, in form and character, it is not the same. So, we have two new Regions from the old Volta Region, just as we have three new Regions from the old Northern Region, and three new Regions from the old Brong Ahafo Region.
So, it would seem to me that hammering on the fact that we have six new Regions is incorrect because what remains of the Western Region, to the extent that size, demarcation, population among others have changed, is a new Western Region, just as I have said about the Brong Ahafo Region and so on. So, we should come to some conclusion on this. I do not think that we have six new Regions; plus the Volta, Western, Bono and North, we have 10 new Regions and not six.
Mr Speaker, having said so, while we celebrate this year's Farmers' Day on the 6th of November, which is the first Friday of November instead of the first Friday of December, which this year would have been the 4th of December and that is why we are holding this in November, I think that there should be some clarity about this.
Friday, which is Farmers' Day would not be a public holiday. The statutory public holiday is the first Friday of December, so Friday, 4th December would remain the statutory public holiday. So, we should be very clear in our minds what is intended to be done. I do not think that Friday, 6th November is a public holiday, otherwise, we would have two public holidays in this election year, that is 6th November and 4th December.
Mr Speaker, the Planting for Food and Jobs Programme that the Hon Minister related to has not only ensured food security for us in Ghana but also offered so many jobs to our teeming youth. That is why for the first time since 1975, when through the efforts of General I. K. Acheampong, who instituted Operation Feed Yourself, we were able to produce and export maize to neighbouring countries, last year was the first time that we were able to export maize to other African countries.
About eight weeks ago, when I went to Tamale and Bolgatanga, I saw parked in Tamale, so many trucks from Burkina Faso and Mali. I asked why the long queues and I was told that they had come to procure yam, local rice in particular and maize. I think that it was a good observation.
Mr Speaker, the other day, I heard the Hon Minister for Agriculture tell us that by the close of June, that is from January to June, these food purchases that those neighbouring countries made, amounted close to US$180 million. It was very revealing and should be an encouragement to our farmers. The growth in agriculture is something that should also commend itself to us.

In 2016, agricultural growth was in the region of 0.6 per cent but in previous years, we had experienced negative growth. Over the past three years -- not counting the COVID- 19 year of 2020 -- the growth in agriculture has averaged about 4.5 per cent which is not too high. However, from where we have come and from 0.6 per cent and indeed, in negative growth in 2013 and 2014, it means that we have risen up. This is attributable to the Government's own projects -- the Planting for Food and Jobs.

Mr Speaker, again, what is to be followed up is with harvesting to feed the Government's flagship project of One District One Factory. If we are able to do that we would be able to guarantee prices for the agricultural

produces. The Hon Deputy Minority Leader said that we should make agriculture attractive but the only way to make agriculture attractive is not only in the increase of production. When we increase production and there is over production in a year, it would become disincentive to the farmers.

So, we should hasten our steps in the construction of these factories because many of them are agro- based ones which would feed the produces to the factories. Once we do that we would be able to guarantee prices and stabilise the income of farmers. If we are able to make stable the income of farmers, then it would become attractive for the youth to go into agriculture.

Other than that, there is nothing we would do to make it attractive. We must be able to guarantee stable prices for those of them involved. Today, we have improved cultivations and apart from the allocation of resources, thanks again to the employment of agricultural extension officers by the Ministry over the past three years, hence we have done very well.

Mr Speaker, there is something that as a nation, we should also come to some agreement with. I say this because whereas this Administration has supplied fertilizers to farmers at a
Mr Speaker 12:50 p.m.
Thank you very much, Hon Majority Leader.
Hon Minister for Agriculture, I do not know whether you would like to make a comment? If you want to, you are free to do so.
Dr O. A. Akoto 12:50 p.m.
Mr Speaker, the contributions from Hon Members from both Sides are encouraging and I see a clear non-partisan approach. I wish to thank them for their support for the Farmers' Day and I also want to see as many of them in Techiman on Friday. We look forward to receiving and giving them their appropriate recognition when they come.
Mr Speaker 12:50 p.m.
Thank you very much, Hon Minister, for attending to the House to brief us so well this morning.
You are respectfully discharged.
Hon Members, at the Commencement of Public Business, item numbered 4 -- Presentation of Papers.
Item numbered 4 (a), by the Hon Minister for Finance.
Mr Kyei-Mensah-Bonsu 12:50 p.m.
Mr Speaker, if you may permit the Hon Minister for Monitoring and Evaluation to present the Paper on behalf of the Hon Minister for Finance?
Mr Speaker 12:50 p.m.
Yes, Hon Member, you may.
PAPERS 12:50 p.m.
Mr Speaker 1 p.m.
Hon Members, item numbered 4(b) by the Hon Minister for Sanitation and Water Resources.
Mr Kyei-Mensah-Bonsu 1 p.m.
Mr Speaker, the item numbered 4(b) is a Contract Agreement, and I believe it should go to the Committee on Water Resources, Works and Housing.
Mr Speaker 1 p.m.
Hon Majority Leader, it has not been laid; we have not got there. Who is laying item numbered 4(b) for us? [Interruption] -- Yes, Hon Minister, thank you very much.
By the Minister for Sanitation and Water Resources --
Addendum to the Works Contract Agreement between the Government of the Republic of Ghana (represented by the Ghana Water Company Limited under the Ministry of Sanitation and Water Resources) and Messrs Denys Engineers and Contractors B.V. of Netherlands for an amount of six million, two hundred and five thousand, four hundred and thirty-one euros twenty-one cents (€6,205,431.21) for the Upper East Regional Water Supply Project.
Referred to the Committee on Water Resources, Works and Housing
Mr Speaker 1 p.m.
Item numbered 4(c) by the Chairman of the Committee on Environment, Science and Technology?
Mr Kyei-Mensah-Bonsu 1 p.m.
Mr Speaker, I would crave your indulgence for us to take item numbered 4(d) and stand item numbered 4 (c) down for the time being.
Mr Speaker 1 p.m.
Hon Members, item numbered 4 (c) accordingly stood down.
Item numbered 4 (d) (i) by the Chairman of the Committee on Finance?
By the Chairman of the Committee --
(i) Report of the Finance Committee on the Request by the Government of the Republic of Ghana for the approval of the 2021 International Capital Market (ICM) Funding Programme to raise Sovereign Bonds amounting to three billion United States dollars (US$3,000,000,000.00) to support the Growth- Oriented Expenditures in the 2021 Budget, for Re- profiling Domestic Debt and to Conduct Liability Management of Re-financing all or part of the 2023 Sovereign Bonds; with the option to increase the Sovereign Bonds by a further two billion United States d o l l a r s
(US$2,000,000,000.00)
should market conditions prove favourable, for Liability Management of the 2026 and 2030 Sovereign Bonds and a further Domestic Debt Re- profiling.
(ii)Report of the Finance Committee on the Borrowers and Lenders Bill, 2020.
Mr Speaker 1 p.m.
Hon Members, item listed 5, Motion by the Hon Chairman of the Committee on Subsidiary Legislation. This is a procedural Motion.
Where is my Hon Chairman?
Mr Kyei-Mensah-Bonsu 1 p.m.
Mr Speaker, we can go to item listed 17 on page 7 of the Order Paper.
Mr Speaker 1 p.m.
Hon Members, item listed 17, Consideration Stage.
BILLS -- CONSIDERATION 1 p.m.
STAGE 1 p.m.
Mr Ben Abdallah Banda 1 p.m.
Mr Speaker, I beg to move, clause 8, subclause (3), delete and insert the following:
“Where two or more persons have jointly bred or discovered and developed a variety, the breeders are eligible to jointly apply for a plant breeder right with respect to the variety.”
Mr Banda 1 p.m.
Mr Speaker, I beg to move, clause 8, subclause (4), line 4, delete “respective” and insert “specific”.
So, it would read:
“Where a variety has been bred or discovered and developed in the execution of a commission or a contract of employment, the person that commissioned the work or the employer has the right to apply for the respective plant breeder right except as otherwise provided in the contract.”
Mr Speaker, for the concluding portion of subclause (4), I would like to insert “of employment” but it would be after we are done with the proposed amendment.
Question put and amendment agreed to.
Mr Banda 1 p.m.
Mr Speaker, I indicated that I would like to insert “of employment” after “contract” in
line 5 of subclause (4) of clause 8, so that instead of “provided in the contract”, it would read, “provided in the contract of employment”. We find the same expression in the second line of subclause (4) of clause 8. We would want same repeated here.
Mr Haruna Iddrisu 1:10 p.m.
Mr Speaker, I support the amendment by the Hon Chairman of the Committee. I was trying to catch your eye before you put the Question on the entire clause 8; it is just to get policy guidance from the Hon Minister and also the Hon Chairman of the Committee.
When we use the words, “bred”, “discovered” or “developed”, what are we communicating? The “bred” means “discovered or developed”. I find the use of too many words because I have gone to the Interpretation column, and ` `breeding a plant`` means one has “discovered” or “developed” it. Does developing not necessarily include breeding it? [Interruption] -- Oh, that is the reason I asked for policy direction. I can see you have used too many words:
“Where a variety has been bred or discovered and developed'.
Mr Speaker, could we not just use the expression; ‘bred'? I am just asking for the purpose of elegance. It is in subparagraph (4) as; ‘where a variety' and it is also repeated in subparagraph (3).
On page 30 at the interpretation column, the word; “breeder” means (a) ‘a person who bred, discovered and developed a variety'.
Mr Speaker, my worry is that, can we not be economical with words instead of just using the three terminologies together? What are we conveying? My worry is that there are too many words: “bred”, “discovered” and “developed”. Then when we go to the interpretation section, “breeder” is defined as; ‘the discovery and development'. So, preferably one of those words could be used . However, I support the amendment.
Mr Banda 1:10 p.m.
Mr Speaker, this Plant Variety Protection Bill is based on a Convention and the title of the Convention is the International Convention for the Protection of New Varieties of Plants which came into effect in the year 1961 and Ghana is a party.
It is a technical area and there are certain technical words which are used in the Convention which cannot
be changed, if those words are changed, one stands the risk of twisting the substance.
Mr Speaker 1:10 p.m.
Thank you very much. That is acceptable to the Hon Minority Leader. So, Hon Chairman, do I put the Question on the entire clause?
Mr Banda 1:10 p.m.
Mr Speaker, yes. Except to say that there is a minor amendment in the second line of subclause (1) which reads:
“A breeder is eligible for a plant breeder right if that breeder duly makes an application for the right in accordance with this Act”
Mr Kyei-Mensah-Bonsu 1:10 p.m.
Mr Speaker, I beg to move, that clause 8(5), delete “several” and insert “two or more”. I believe the word: “several” is not elegant. We have used in sub clause (3): “where two or more persons have jointly...” For the sake of consistency, we will say: “Where a variety has been bred or discovered and developed by two or more persons…” This would be better.
Mr Speaker, if it attracts the fancy of the Chair and indeed, the Hon Attorney-General and Minister for Justice, I propose that we delete “several” and insert “two or more”.

The key word here is “independently” as differentiated from clause 8 (3) , which refers to where they have been jointly bred or discovered.

Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 1:10 p.m.
Mr Speaker, if you agree, then the word “each” in line 2 should also be deleted and inserted with “of one another”. Mr Speaker, when we use the word; “each”, it relates to two. That is, between “a” or “b”. So, it should be “one another”.
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 -- Application for a plant breeder right.
Mr Banda 1:10 p.m.
Mr Speaker, I beg to move,subclause (2), paragraph (b), line 2, before “party”, insert “a”. Mr Speaker, so, paragraph (b) will read:
“a foreign citizen or a resident in the territory of a party to a treaty to which the Republic is a party”.
Mr Iddrisu 1:10 p.m.
Mr Speaker, I support the Hon Chairman's amendment but once he is on clause
9(2)(b), if we consider the word “treaty” on the second line, it is consistent with article 75 of the Constitution. As I listened to him earlier, he used the word: “Convention”. So, it should be: “treaty, agreement or Convention”.
That is, the words in article 75 -- the agreement for this may not just be a treaty, it can be a Convention; when we are just contributing to a particular discussion, we use: “Convention”. So, I support the Hon Chairman. However, with further amendment to paragraph (b), after “treaty” insert the words as they appear in article 75 of the Constitution; “treaty, agreement or convention”.
Mr Banda 1:10 p.m.
Mr Speaker, I am not in agreement with this proposed amendment. The word used in the Convention; that is, the Convention that I earlier on referred to so far as this provision is concerned is : “treaty” but not “treaty, agreement or convention” …. So, it is a treaty to which Ghana is a party.
Mr Iddrisu 1:10 p.m.
Mr Speaker, I can understand that the Hon Chairman is not in agreement but those words are not mine. We are legislating for the future and there may be a meeting of the Food and Agriculture Organisation (FAO) and the consensus built there will not be a treaty but a convention.
Mr Speaker, with your permission, I beg to read the particular words in article 75 1:10 p.m.
(1) “The President may execute or cause to be executed treaties, agreements or conventions in the name of Ghana”.
(2) “A treaty, agreement or convention …”
So, to cover oneself into the future, this is a law and today, we are just thinking about this “treaty”. Tomorrow, there may be a new decision on plant breeders which Ghana will be a party to and we would have used the word “treaty”. It is not exhaustive enough in my view.
Mr Speaker, article 75 provides the basis but I will not belabour it.
Mr Speaker 1:20 p.m.
Hon Chairman, though the Hon Minority Leader would not belabour it, what is your view?
Mr Banda 1:20 p.m.
Mr Speaker, I believe that in interpreting the word “treaty”, as and when the circumstances would require, if “convention” can be conveniently used within the context,
then it would be interpreted as such. If an “agreement” could be interpreted as such, then it would also be used with the context.
Mr Speaker, so the use of the word “treaty” does not exclude conventions and agreements. The reason I would stick to the use of “treaty” is that the Hon Minority Leader may be right because he used the Constitution, but as I early on submitted, this particular Bill is based on a convention. In that convention, “treaty” was the specific word that was used.
I would still submit that the use of “treaty” is not to the exclusion of convention or agreement depending on the circumstances. So, we can still be comfortable with the usage of “treaty” and it would not exclude convention and agreement.
Mr Iddrisu 1:20 p.m.
Mr Speaker, I have no fundamental objection. I am just saying that the word is not exhaustive enough. Once the records have captured what I have said, I am happy.
However, I further propose that in subclause (2)(a), after “citizen” delete the words “who is” because “who is” is already in the ending of subclause
(2).
Mr Speaker 1:20 p.m.
Hon Chairman?

point, I agree with the Hon Minority Leader because the “who is” is already in the preamble statement of subclause (2). So, we can delete “who is” in subclause (2)(a) so that it reads “citizen or resident in the country”.
Mr Speaker 1:20 p.m.
The Hon Majority Leader indicates an acceptance of this position. So, should I put the Question on the amendment advertised as (iii)?
Mr Kyei-Mensah-Bonsu 1:20 p.m.
The Hon Minority Leader proposed an amendment to subclause 2(a) which is really not captured on the Order Paper and I think we have agreed to that. So, we have deleted “who is” and we are now considering the advertised amendment which is subclause 2(b). Mr Speaker, so you can put the Question on the further amendment by the Hon Minority Leader then we can take subclause 2(b) which has been advertised as (iii).
Mr Banda 1:20 p.m.
Mr Speaker, yes, we have to put the Question on subclause 2(a) as amended by the Hon Minority Leader before we take subclause 2(b) which is advertised as (iii).
Mr Speaker 1:20 p.m.
Very well.
Question put and amendment agreed to.
Mr Banda 1:20 p.m.
Mr Speaker, you can now put the Question on item numbered (iii).
Mr Kyei-Mensah-Bonsu 1:20 p.m.
Mr Speaker, I agree to the amendment moved by the Hon Chairman, but there is an issue we need to look at. Subclause 2(b), line 1, the indefinite article “a” which qualifies “foreign citizens” also qualifies the “resident in the territory”. So, I further propose that in line 1, before “resident” delete “a”.
Mr Speaker 1:20 p.m.
Hon Chairman?
Mr Banda 1:20 p.m.
Mr Speaker, I agree to the further amendment by the Hon Majority Leader. So, subclause 2 (b) would now read ‘a foreign citizen or resident in the territory of a party to a treaty to which the Republic is a party'.
Question put and amendment agreed to.
Mr Speaker 1:20 p.m.
Item numbered
(IV).
Mr Banda 1:20 p.m.
Mr Speaker, I beg to move, Clause 9 subclause (2), paragraph (c), line 1, delete “its” and insert “a”, and in line 2, before “party”, insert “a”.
It would now read as:
‘a legal entity that has a registered office within the territory of a party to a treaty to which the Republic is a party'.
Mr Iddrisu 1:20 p.m.
Mr Speaker, I support the amendment moved by the Hon Chairman, but I beg to propose a further amendment, that paragraphs (c) and (d) should be amended to read ‘a legal entity with a registered office within the country'. Mr Speaker, we can delete “that has” so that it reads ‘a legal entity with a registered office within the country'. Same can be done for paragraph (d). I beg to move.
Mr Speaker 1:20 p.m.
Hon Chairman, do you agree?
Mr Banda 1:30 p.m.
Yes, Mr Speaker.
Mr Speaker 1:30 p.m.
Thank you very much. I would put the Question as qualified by -- Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 1:30 p.m.
Mr Speaker, I think that, really, we have debated this matter several times over and over. That really is the language that the draftspersons recommended to us “that has an office”. Mr Speaker, “with a registered office” is correct, but “that has a registered office” is
what is recommended to us, and that is what we have been using consistently. Let us not change it.
Mr Speaker 1:30 p.m.
Very well. We are entitled to also make our change. But on this occasion, I would direct that the draftspersons should look at this again. Meanwhile, we want our own preference. The amendment is acceptable to both the Hon Minority Leader and the Hon Chairman of the Committee. Then I would direct that the draftsperson examines it further. Yes, Hon Minority Leader?
Mr Iddrisu 1:30 p.m.
Mr Speaker, for instance, with your leave, I do not have an advertised amendment. If you indulge me, when you come to clause 9(3), is it “The application” or “An application”? [Interruption]
Question put and amendment agreed to.
Mr Speaker 1:30 p.m.
I direct the draftsperson to look at that accordingly.
Mr Banda 1:30 p.m.
Mr Speaker, I beg to move, clause 9, subclause (2), paragraph (d), delete “its” and insert “a”.
So it would read: “A legal entity that has a registered office in the country”
Mr Banda 1:30 p.m.
Mr Speaker, I beg to move, clause 9, subclause (3), paragraph (b), subparagraph (ii), line 2, delete “it” and insert “that person”. Mr Speaker, the new rendition would be:
“(ii) the name and address of the person that has bred or discovered and developed a variety if that person is different from the applicant”.
Question put and amendment agreed to.
Mr Banda 1:30 p.m.
Mr Speaker, I beg to move, clause 9, subclause (4), line 2, delete “this country” and insert “Ghana”. Mr Speaker, so the second line would read:
“… appoint a legal representative or agent in Ghana to process the application.”
Mr Iddrisu 1:30 p.m.
Mr Speaker, I do not see the relevance of the Hon Chairman's amendment. In the opening phrase of clause (4), we used “in Ghana”. That is why the second part says “the applicant shall appoint a legal representative or agent in this country”. It flows from the rendition
of the opening phrase. Therefore, to change “country” to “Ghana” is superfluous. The person is not resident in Ghana. And so you say is not resident in Ghana but he shall provide for a legal representative or agent in this country. So I do not agree with the rationale for the proposed amendment. [Interruption] Mr Speaker, subclause (4) reads:
“Where the applicant is not resident in Ghana, the applicant shall appoint a legal representative or agent in this country to process the application.”
Mr Speaker, he wants to delete “country” and insert “Ghana”, and I do not accept it. We should just leave it as it is because “in Ghana” is in the first part. And so when you say “in this country”, it flows from the first part.
Mr Speaker 1:30 p.m.
Yes, Hon Attorney- General and Minister for Justice?
Attorney-General and Minister for Justice (Ms Gloria Afua Akuffo): Mr Speaker, the Hon Minority Leader is right. Grammatically, what is being proposed is correct, but it is a drafting skill, and it makes it clearer so that when you read the subclause, you would know that it is referenced to
Ghana and no other country. So I would rather propose that we made that amendment so that it brings clarity and does not bring any confusion.
Mr Speaker 1:30 p.m.
So we shall say?
Ms Akuffo 1:30 p.m.
Mr Speaker, it would read:
“Where the applicant is not resident in Ghana, the applicant shall appoint a legal representative or agent in Ghana to process the application.”
Question put and amendment agreed to.
Mr Speaker 1:30 p.m.
Hon Chairman, have we finished with clause 9?
Mr Banda 1:30 p.m.
Mr Speaker, we are left with the last proposed amendment which is in subclause (5). Mr Speaker, I beg to move, clause 9, subclause (5), line 2, delete “is”.
Mr Speaker, it would then read 1:30 p.m.
“A person referred to in paragraph (b) or (c) of subsection (2), shall enjoy, within Ghana the same treatment as accorded by this Act to citizens.”
Question put and amendment agreed to.
Mr Iddrisu 1:30 p.m.
Mr Speaker, with your leave, before you put the Question on the entire clause 9, it is a matter to which if I convince you and the House, you could refer to the draftsperson. When you come to clause 9(3), it reads:
“The application for a plant breeder right…”.
In my view, paragraph (a), there should be deleted so that it reads:
“The application for a plant breeder right shall contain the following details”.
Then the details follow as we have seen it in page 7.
Then when we come to the end of (VI), then we say “it shall be subject to the payment of the prescribed fees. This would make the reading much elegant. So if the Hon Chairman has not objection,
So clause 9(3) would read:
“(3) The application for a plant breeder right shall contain the following details”
We then add the details and then the (a) becomes a subclause “and shall be subject to the payment of the prescribed fees. This captures the intentions.
Mr Speaker 1:40 p.m.
Hon Minority Leader, it is a matter of arrangement and style only. So what is your observation?
Mr Banda 1:40 p.m.
Mr Speaker, I am not too much entrenched so far as his proposal is concerned, once it does not change the substance. So I agree to his proposal.
Mr Speaker 1:40 p.m.
Do you agree?
Mr Banda 1:40 p.m.
Yes, Mr Speaker, the substance would not be affected. It is just a matter of rearrangement of the structure.
Question put and amendment agreed to.
Clause 9 as amended ordered to stand part of the Bill.
Clause 10 -- Presumption of protection.
Mr Speaker 1:40 p.m.
Hon Chairman, there is no advertised amendment but is there any?
Mr Banda 1:40 p.m.
None, Mr Speaker.
rose
Mr Speaker 1:40 p.m.
Yes, Hon Minority Leader, do you have an amendment for clause 10?
Mr Iddrisu 1:40 p.m.
Mr Speaker, with your leave and indulgence, between “An” and “applicant”, I would insert “eligible” to read: “An eligible applicant”.
We said that the applicant must be eligible, which is from clause 8. He is not just an applicant. He is eligible.
We have accepted him as a credible person who is entitled to it. So it reads:
“An eligible applicant shall in the absence of any proof to the contrary, be presumed to be entitled to the protection of a plant breeder right under this Act.”
Mr Speaker, I am just strengthening it.
Mr Speaker 1:40 p.m.
By that time, the person would have moved a step forward. Is that not so?
Mr Banda 1:40 p.m.
Mr Speaker, I think that that provision itself does not admit of any ambiguity. What it intends to convey is clear. So one needs to read everything in order to be able to understand. So let us leave the “eligible”.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Clause 11 -- Priority of application.
Mr Banda 1:40 p.m.
Mr Speaker, I beg to move, subclause (1), line 4, before “party”, insert “a”.
Mr Speaker, it would read 1:40 p.m.
“… which is a party to a treaty to which the Republic is a party.”
Mr Speaker, it was just an omission of the indefinite article, which we are seeking to insert.
Question put and amendment agreed to.
Mr Iddrisu 1:40 p.m.
Mr Speaker, with your leave and indulgence, just to tease our minds: The expression “Priority of application” means that we want to prioritise application. So if we say, “An applicant may claim the right of priority…” I would have thought that it should read: “An applicant is entitled to the right of priority…” not “… may claim…” If I have my way, I would have changed the wording there.
Mr Speaker, the Hon Majority Leader was saying that it is my kuli kuli school English, that is ordinary day English language. “Application duly filed…” they would not have used all those words -- “that has been duly filed” -- “an earlier application duly filed for the grant of a plant breeder right for the same variety by
Mr Banda 1:40 p.m.
Mr Speaker, there is a difference between “An applicant is entitled to”, which means it is automatic and “An applicant may claim …” which means that the claim
has to be determined before it would be granted. In this particular provision, what it means is that the fact that you are claiming a right of priority is not automatic that that right would be granted. It has to go through certain processes. It has to be determined and when it is so determined that one is entitled to the right of priority, that is when it can be said that the applicant is entitled to it.
So Mr Speaker, unless that claim of right is determined that applicant cannot say that he is automatically entitled to the right of priority.
So, Mr Speaker, I would want this particular rendition to stay.
Mr Speaker 1:40 p.m.
Hon Minority Leader, understand. I just do not want us to go back to a justification where the justification given by the Chairman is apparently taken by the Hon Minority Leader. So at this stage what do we do?
Mr Banda 1:40 p.m.
Mr Speaker, if I may be plead that the Attorney-General may add her voice to the rationale behind?.
Mr Speaker 1:40 p.m.
We do not need a rationale anymore.
Mr Banda 1:40 p.m.
Mr Speaker, so, the rendition should stay and I believe that the Hon Minority Leader has even agreed.
Mr Speaker 1:50 p.m.
Hon Member, so what do we take as being amended at this stage?
Mr Banda 1:50 p.m.
Mr Speaker, nothing is being amended. All that has been amended in relation to clause 11 (1) is the addition of the indefinite article in the fourth line of subclause (1) to read,
“…to treaty to which the Republic is a party”.
Question put and amendment agreed to.
Mr Iddrisu 1:50 p.m.
Mr Speaker, with your leave and indulgence, clause 11 (2):”Where the application filed with the Registrar is preceded by several other applications…”.
Hon Chairman, or is that modern drafting? You just said, “…several applications duly filed, priority shall be based only on the earliest application” So I am inserting the word “other” between “several” and.
“applications” - “other applications” is all right, but when you say “several applications”?
Mr Banda 1:50 p.m.
Mr Speaker, the Hon Minority Leader's rendition if captured, would read:
“Where the application filed with the Registrar is preceded by other applications duly filed, priority shall be based only on the earliest application”.
Mr Speaker, I would want us to maintain the plural. So, I take his proposed amendment by the deletion of “several” and the insertion of “other”.
Question put and amendment agreed to.
Clause 11 as amended ordered to stand part of the Bill.
Clause 12 -- Requirement for claim of right priority of application.
Mr Speaker 1:50 p.m.
Hon Members, may I announce that in view of various Business ahead of us and the time, I direct that Sitting extends beyond the regular hours. And in a moment, we shall go into a Committee of the Whole to discuss a few matters concerning the House.

Hon Members, the Hon First Deputy Speaker will assume the Chair
Mr Kyei-Mensah-Bonsu 1:50 p.m.
Mr Speaker, before we suspend Sitting and go into the Committee of the Whole, if you could attend to the items listed on the Order Paper Addendum?
Mr Speaker 1:50 p.m.
Very well, Hon Members, Order Paper Addendum.
Hon Members, we are starting with the Order Paper Addendum before we move into Committee of the Whole.
Hon Members, Presentation of Papers -- item numbered (a) (i) -- Yes, Hon Deputy Minister for Finance?
PAPERS 1:50 p.m.
Mr Speaker 2 p.m.
Hon Members, we would move on to the item numbered 1 (b) (i), by the Hon Chairman of the Finance Committee.
By the Chairman of the Committee --
(i)Report of the Finance Committee on the Insurance Bill, 2020.
Mr Speaker 2 p.m.
Hon Members, we would move on to the Paper numbered 1 (b) (ii).
By the Chairman of the Committee --
(ii)Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL, EXIM Levy, Special Import Levy and Domestic VAT amounting to the Ghana cedi equivalent of eight million, sixty-five thousand, three hundred and forty- seven United States dollars twenty-five cents (US$8,065,347.25 [made
up of US$2,712,015.00 on imports and US$5,353,332.00 on local purchases]) on materials and equipment to be procured in respect of the Supply and Erection of Electrical Materials and Equipment for the Electrification of 234 Communities in the North East, Savannah, and Northern Regions by Tropical Cable & Conductor Limited.
[Pause] --
Mr Speaker 2 p.m.
Hon Members, the House would Sit as a Committee of the Whole to discuss a few matters important to the House. The Hon First Deputy Speaker would take the Chair.
  • [MR FIRST DEPUTY SPEAKER IN THE CHAIR.]
    • Mr First Deputy Speaker 2:06 p.m.
    Hon Chairman, at which clause were we?
    Mr Banda 2:06 p.m.
    Mr Speaker, we finished with clause 11; we were moving to clause 12.
    Mr First Deputy Speaker 2:06 p.m.
    Very well, Hon Majority Leader, we can proceed, can we not?
    Mr Kyei-Mensah-Bonsu 2:06 p.m.
    Mr Speaker, we can indeed proceed.
    Mr First Deputy Speaker 2:06 p.m.
    Very well, Plant Variety Protection Bill, 2020 at the Consideration Stage?
    Mr Kyei-Mensah-Bonsu 2:06 p.m.
    Mr Speaker, if Hon Members would indulge me, if we could first attend to the matter on the Addendum Order Paper 2 and then, recline to the Consideration of the Bill.
    Mr First Deputy Speaker 2:06 p.m.
    Very well. Public business, Addendum 2; Presentation and First reading of Bills -- Anti-money laundering Bill, 2020.
    Mr Kyei-Mensah-Bonsu 2:06 p.m.
    Mr Speaker, the Deputy Minister for Finance, the Hon Member for Obuase West is here and I believe he could present the Paper on behalf of the Minister for Finance.
    Mr First Deputy Speaker 2:06 p.m.
    Hon Deputy Minister for Finance?
    Mr Kwaku Agyeman Kwarteng 2:06 p.m.
    Mr Speaker, I beg to seek your leave to withdraw the Anti- Money Laundering Bill, 2020 which we laid earlier in the House.
    Mr First Deputy Speaker 2:06 p.m.
    Minority Leadership, the Deputy Minister is seeking leave to withdraw the Anti-Money Laundering Bill,
    2020.
    Alhaji I.A.B. Fuseini 2:06 p.m.
    Mr Speaker, the Ministry of Finance brought the Bill and they now seek to withdraw it so we do not have anything to say.
    [The Anti-Money Laundering Bill, 2020 withdrawn by leave of the House].
    Mr First Deputy Speaker 2:06 p.m.
    Now, Presentation and First Reading of Bill - Anti-Money Laundering Bill,
    2020?
    BILLS -- FIRST READING 2:06 p.m.
    Mr First Deputy Speaker 2:06 p.m.
    Hon Majority Leader, it is being suggested that the Bill be referred to the Finance Committee rather than the Committee on Constitutional, Legal and Parliamentary Affairs.
    Mr Kyei-Mensah-Bonsu 2:06 p.m.
    Mr Speaker, yes, the first referral was made to the Finance Committee, and we had the Leadership of the Committee on Constitutional, Legal and Parliamentary Affairs joining up with them so I guess we could do the same thing.
    Alhaji I. A. B. Fuseini 2:06 p.m.
    Mr Speaker, the ACT that this Bill seeks to replace by the Attorney-General and Minister for Justice, when it was being referred the first time, it was referred to the Constitutional, Legal and Parliamentary Affairs Committee. This time, the Bill was laid by the Minister for Finance and the Leadership of the Committee on Constitutional, Legal and Parliamentary Affairs were asked to join them to do the Bill. And I believe that if we use the same procedure, it could serve the ends of justice.
    Mr First Deputy Speaker 2:06 p.m.
    Very well, the Anti-Money Laundering Bill, 2020 is referred to the Finance Committee. I direct that the Leadership of the Committee on Constitutional, Legal and Parliamentary Affairs join the Finance Committee to consider the Bill and report to the House.
    Mr Kyei-Mensah-Bonsu 2:06 p.m.
    Mr Speaker, when the Deputy Minister made the application to withdraw the Bill on behalf of the Minister, accordingly, you wanted the opinion of the Minority Leadership, and the available Leader made his own comments. I wonder what would have happened if he had said that they were not in agreement to the withdrawal of the Bill. I, in that regard, would like to draw attention to Standing Order 132, which provides and I quote with permission:
    “Either before the commencement of public business or at the commencement of any stage of a Bill, the Member in charge of the Bill may make a motion without notice for its withdrawal”.
    Mr Speaker, and when such a motion is moved, it does not need anybody to second the Motion. The relevant Order is in 78 (h) and it provides as follows:
    “Unless any Order otherwise provides, notice shall be given of any motion which it is proposed to make, except the following - a motion for withdrawal of a Bill;”
    Mr Speaker, so, once the motion is moved, I think necessarily, that application must be granted. If you elicit the opinion of the Minority or for that matter, any other person who comes in to say that we have a considered opinion about that, we are not in favour of it, if we are not fortunate and we have fewer people to agree to the Minister withdrawing, that could really pose a problem.
    So, once it is moved, Mr Speaker, with respect to the Chair, let there not be any opinion to be sought from any quarter --[Laughter]-- and the matter would be considered withdrawn. Otherwise, I cannot envisage what a loaded Hon Fuseini Inusah, standing in for the Minority Leader could say one day.
    Alhaji I.A.B. Fuseini 2:06 p.m.
    Mr Speaker, the Minority Bench was fully aware of the Order that if a Bill is introduced by a person, that person has the authority and right to withdraw the Bill. And that was why the Minority made the comment that he brought it, and he is withdrawing it.
    Assuming that the Minority did not know, but this Minority knows—
    Mr First Deputy Speaker 2:06 p.m.
    I take seriously the practice of this House that on any matter, I listen to both Sides of the House. That makes this House as democratic as it is. That does not take away the power or the right or authority of Mr Speaker to make a ruling on any application before us; I have just learnt to listen to both Sides before I make a ruling but your point is well made. I hope that when Mr Speaker decides to apply it strictly, there would be no complaints that he did not hear from both Sides.
    Very well, we can return to the Consideration Stage.
    BILLS -- CONSIDERATION 4:58 p.m.
    STAGE 4:58 p.m.
    Mr First Deputy Speaker 4:58 p.m.
    We were on clause 12, is that right? Hon Chairman, you may move your amendment.
    Clause 12 -- Requirements for claim of right of priority of application

    move, clause 12, subclause (1), line 1, delete “that” and insert “the”.

    The new rendition would read: “When an applicant claims the right of priority, the applicant”.

    Question put and amendment agreed to.

    Clause 12 as amended ordered to stand part of the Bill.

    Clause 13 -- Effect of priority of application
    Mr Banda 4:58 p.m.
    Mr Speaker, I beg to move, clause 13, subclause (1), line 1, after “priority”, insert “of an application”. It would read:
    “The effect of priority of application is that, the application filed is considered to have been filed at the date of the filing of the first application.”
    Question put and amendment agreed to.
    Clause 13 as amended ordered to stand part of the Bill.
    Clause 14 -- Examination of application
    Mr Banda 4:58 p.m.
    Mr Speaker, I beg to move, clause 14, subclause (2), line 1, delete “incorrect” and insert “contains errors or inaccuracies” and in line 2, delete “correct the application” and insert “effect corrections”. The new rendition would read:
    “Where the application is incomplete or contains errors or inaccuracies, the Registrar shall request the applicant to complete or effect corrections within thirty days after notification.”
    Mr Speaker, the purpose is to make the language in subclause 2 clearer.
    Alhaji I.A.B. Fuseini 4:58 p.m.
    Mr Speaker, “effect corrections in the application” -- We are just deleting “correct” in line 2 and “incorrect” in line 1. Then in line 2, we are saying that it should be “effect corrections in the application”. So, we are not deleting “application” but are saying “effect corrections in the application”.
    Question put and amendment agreed to.
    Mr Banda 4:58 p.m.
    Mr Speaker, I beg to move, clause 14 , subclause (5), delete and insert the following:
    “(5) The Registrar may in examining the application:
    (a)enter into an arrangement with a relevant authority or person within the country or outside the country to carry out tests, or
    (b) use the results of tests that have already been carried out to determine whether the variety is new, distinct, uniform or stable.”
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 4:58 p.m.
    Mr Speaker, we have just gone through some corrections effected by the Committee where the Hon Chairman in relating to the country called Ghana, said that we should delete “this country” and rather insert “Ghana”. Now that we have “the country”, would he want to be consistent with his own formulation -- “within the country” and “outside the country”? Where is “where” in the insertion in line 2 and also in line 3 of clause 5 (a)? Would he want to go back or is he comfortable with “within the country” and “in the country”?
    Mr Banda 4:58 p.m.
    Mr Speaker, we want to be consistent and because we early on used “in Ghana”, we would amend it, though it does not change the substance which remains the same.
    Mr First Deputy Speaker 4:58 p.m.
    Move the amendment.
    Mr Banda 4:58 p.m.
    Mr Speaker, I beg to move, delete “within the country” and insert “in Ghana” and delete “or outside the country” and insert “outside Ghana”. The new rendition would read:
    “(5) The Registrar may in examining the application:
    (a)enter into an arrangement with a relevant authority or person in Ghana or outside Ghana to carry out tests, or
    (b) use the results of tests that have already been carried out to determine whether the variety is new, distinct, uniform or stable.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 4:58 p.m.
    Item numbered (xiv)?

    one amendment that is not captured in the Order Paper which is dependent on clause 14 (2). We have a similar language in clause 14 (3) which is, “An application which is not completed or corrected”. We realised that in clause 14 (2), we deleted an application being incorrect and inserted, “contains errors or inaccuracies”.

    I would like to effect same in clause 14 (3) which would read:

    “An application which is not completed or which contains errors or inaccuracies which have not been effected shall not be considered to have been filed.”
    Mr First Deputy Speaker 4:58 p.m.
    The “considered” would not be appropriate. You may delete the “considered” and correct it then.
    Alhaji I.A.B. Fuseini 4:58 p.m.
    Mr Speaker, there is nothing wrong with subclause 3. Subclause 1 is telling you when to file the application and clause 2 is telling you that if the application is incomplete or there are inaccuracies in the application, the applicant should be given an opportunity to correct or complete it. That is what clause 2 is saying.
    Clause 3 is telling you the effect of non-compliance with clause 2.That is why it is saying that “An application which is not completed or corrected within the prescribed period shall be considered not to have been filed.” So you have given the applicant an opportunity to complete or effect corrections in the application and clause 3 is telling you the effect of non- compliance of clause 2.
    So, the way it is, that is how it is supposed to be.
    Mr Banda 5:08 p.m.
    Mr Speaker, in clause 14 (2), we sought to effect errors or inaccuracies because the original language is to the effect that an application is either incomplete or incorrect and we felt that an application cannot be incorrect but it could contain errors or inaccuracies. That is the basis of the amendment in clause 14 (2).
    However, clause 14 (3), is based on clause 14 (2) and there is a similar language in clause 14 (3) which is; “an application which is not completed or corrected''. So, I thought that once we have inserted “errors or inaccuracies'', it would then be prudent to do same with respect to clause 14 (3), so that it would then read:
    “An application which is not completed or which contains inaccuracies or errors which are not effected shall be considered not to have been filed''.
    Mr Speaker, that is the basis of this proposed amendment but if the House thinks that this language is correct, we could maintain it.
    Mr Ahiafor 5:08 p.m.
    Mr Speaker, the Hon Chairman should accept the proposal of the Hon Ranking Member because it is the errors and inaccuracies that we have given an opportunity to be corrected. It is the incompleteness of the application that we would give an opportunity to be completed. The clause 14 (3) says that; “an application which is not completed or corrected'' -- that is what we have given the opportunity but the person did not complete the application.
    The errors and inaccuracies that have been given the opportunity to be corrected have not been corrected, so that application would be deemed not to have been filed. There is nothing wrong with the rendition, so we should not touch it at all -- we should allow it to stay the way it is.
    Mr Kyei-Mensah-Bonsu 5:08 p.m.
    Mr Speaker, if we have to effect an amendment -- the clause 14 (2) as has been proposed by the Hon
    Chairman says 5:08 p.m.
    “Where the application is incomplete or contains errors or inaccuracies, the Registrar shall request the applicant to complete or correct the application within thirty days after notification''.
    Mr Speaker, clause 14 (3) also says 5:08 p.m.
    “An application which is not completed…''
    I thought that for the avoidance of doubt, we could rather say:
    “An application which remains incomplete or contains errors or inaccuracies which have not been corrected within...''.
    What is the prescribed period? The prescribed period in clause 14 (2), is 30 days after notification, so if we have to repeat it, it should be repeated just for the avoidance of doubt but “which contains errors and inaccuracies which are not corrected within thirty days after the notification

    MR FIRST DEPUTY SPEAKER][MR KYEI-MENSAH-BONSU]

    shall be considered not to have been filed'' -- just for the avoidance of doubt so we are sure in our minds but which is not completed.

    Mr Speaker, my Hon Colleagues, Mr Ahiafor and Alhaji Fuseini said that what is here is correct. I agree by and large, but for the avoidance of doubt, we would say that flowing from clause 14 (2), if it remains incomplete that is within 30 days after the notification has been given then they would be deemed not to have been filed. That is my little addition. Other than that really, in substance, clause 14 (3) is not too bad.
    Mr Chireh 5:08 p.m.
    Mr Speaker, the fact that we effected a correction in clause 14 (2), does not mean that we necessarily have to use the same words in clause 14 (3). It is simpler because that was to indicate errors and inaccuracies in clause 14 (3) but with regard to this clause 14 (3), we do not need to repeat “errors and inaccuracies''.
    What has been put there clearly shows that a form or application was not completed and errors and inaccuracies have not been corrected. So, it is implied. We cannot repeat -- just because we corrected one thing in a subclause does not mean we must necessarily run with that.
    There is the tendency to think that way but the way it is now, it is perfect. There should not be any change in the language otherwise, we would confuse too many things.
    Mr First Deputy Speaker 5:08 p.m.
    Hon Chairman, you could continue with item numbered (xiv) on the Order Paper.
    Mr Banda 5:08 p.m.
    Mr Speaker, majority of us are of the view that we should leave it as it is.
    Mr Kyei-Mensah-Bonsu 5:08 p.m.
    Mr Speaker, I do not know where the Hon Chairman derived his inspiration from? He is not in the Chair and yet he said “majority of us are of the view''. How did he arrive at that conclusion?
    Mr Speaker, we do not have to go and search for the prescribed period. The period prescribed in clause 14 (2), is 30 days after the notification. So, if we have to maintain it, we could just say that:
    “An application which is not completed or corrected within thirty days after the notification shall be considered not to have been filed''.
    Mr First Deputy Speaker 5:08 p.m.
    What is wrong with the “prescribed'' which
    is within the same clause 14? Why is it an issue?
    Alhaji I.A.B. Fuseini 5:08 p.m.
    Mr Speaker, really the “prescribed period'', is not a problem except that the amendment proposed by the Hon Majority Leader puts it beyond doubt that the prescribed period in clause 14 (3), is the 30-day period referred to in clause 14 (2). That is the only thing that it does -- it makes it clearer. We could just say:
    “An application which is not completed or corrected within the thirty days after notification shall be considered not to have been filed''.
    Mr First Deputy Speaker 5:08 p.m.
    So, what is your final rendition?
    Alhaji I.A.B. Fuseini 5:08 p.m.
    Mr Speaker, I second the proposed amendment by the Hon Majority Leader, so the final rendition would be:
    “An application which is not completed or corrected within the thirty-day period after notification shall be considered not to have been filed''.
    Question put and amendment agreed to.
    Mr Banda 5:08 p.m.
    Mr Speaker, I beg to move, clause 14(6), line 3, delete “and matters related to it''. So, it ends at “of the application''.
    Question put and amendment agreed to.
    Clause 14 as amended ordered to stand part of the Bill.
    Clause 15 -- Provisional protection of plant breeder rights
    Mr Banda 5:18 p.m.
    Mr Speaker, I beg to move, clause 15 subclause (1), line 1, delete “enjoy” and in line 3, delete “or” and insert “and”.
    The new rendition reads:
    “An applicant is entitled to provisional protection of a plant breeder right between the date of the publication of notice of the application for the grant of the plant breeder right in the gazette and the varieties bulletin and the date of the grant of that right.”
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 5:18 p.m.
    Mr Speaker, this is just to draw the attention of the Chairman of the
    Mr Banda 5:18 p.m.
    Mr Speaker, I think the Hon Majority Leader is right. It is
    not “either or” but “and”. So, all the four characteristics as stipulated in the Bill must exist before your application could be granted.
    Mr First Deputy Speaker 5:18 p.m.
    Which clause are you dealing with?
    Mr Banda 5:18 p.m.
    Mr Speaker, we are referring to item numbered (xiii) at page 9 on the Order Paper.
    Mr First Deputy Speaker 5:18 p.m.
    I thought we had called out clause 15, so, I do not know why we went back to clause 14 and that is why I am confused -- [Laughter] --
    Item numbered (xiii); that is clause 14, subclause (5)? Is that right? Did you not substitute subclause (5)?
    Mr Banda 5:18 p.m.
    Mr Speaker, yes but what the Hon Majority Leader was saying that the concluding part of subclause (5) has “or” preceding “stable” and he thought that it should be “and” which I completely agree with because in the Bill, all these four characteristics -- new, distinct, uniform and stable -- must exist before one's application would be then granted.
    Mr First Deputy Speaker 5:18 p.m.
    Very well.
    Alhaji Inusah A. B. Fuseini 5:18 p.m.
    Mr Speaker, yes, the Hon Majority Leader is right in saying that before a variety is registered and the plant breeder is given right under this law, the four conditions of newness, distinctiveness, uniformity and stability must be established but if we look at the provision, it is not intended to satisfy all these at once. It depends on the competencies.
    So, the Registrar may enter into an agreement with a relevant authority or person within the country or outside the country to carry out tests to determine whether a variety is new. So, maybe, Ghana has competencies to determine whether a variety is new but has no competencies to determine whether the variety is stable or distinct. That is why the provision is couched that way. But if we use “and”, it necessarily means that any agreement must contemplate the four characteristics. [Interruption] -- No, but that is not what it is.
    Mr Speaker, so, if you are the Registrar and you have a variety, you can contract somebody outside the country to determine whether the variety is distinct and then another person in Ghana to determine whether the variety is uniform. If we put “and” there, it means that whether we are
    Mr First Deputy Speaker 5:18 p.m.
    Hon Ranking Member, if you read clause 14 (5) (b) carefully, it states:
    “use the results of tests that have already been carried out.”
    So, the tests that have been carried out would only determine whether the variety is new, distinct, uniform and stable. Whether it was taken in and out of Ghana, together, they must give you these four characteristics. That is what it should be “and”.
    Question put and amendment agreed to.
    Clause 14 as amended ordered to stand part of the Bill.
    Clause 15 -- Provisional protection of plant breeder rights
    Mr Banda 5:18 p.m.
    Mr Speaker, I beg to move, clause 15, subclause (2), line 3, delete “has carried out an act which would require” and insert “carries out an act which requires”.
    Mr Speaker, so, the new rendition would then read 5:18 p.m.
    Mr Banda 5:18 p.m.
    Mr Speaker, I beg to move, clause 15, subclause (3), line 2, after “of”, insert “the”.
    So, it reads:
    “(3) An applicant may take measures to prove an infringement during the period of the provisional protection.”
    Question put and amendment agreed to.
    Clause 15 as amended ordered to stand part of the Bill.
    Clause 16 -- Objection
    Mr Haruna Iddrisu 5:18 p.m.
    Mr Speaker, I was warming myself into the consideration. The headnote of clause 16 is “Objection”; objection to do what? We need more clarity on
    the headnote. Maybe, “Objection to the grant of plant breeder rights”. We just cannot say, “Objection”.
    Mr Speaker, so, with your leave and indulgence, I so move, if the Hon Chairman of the Committee has no objection. The headnote has to change.
    Mr Ahiafor 5:28 p.m.
    Mr Speaker, I support the amendment being proposed because if we even consider it from clause 13 which headnote reads: “Effect of priority of application” --
    Mr Speaker, clause 14 has its headnote as 5:28 p.m.
    “Examination of application”; we did not just put it as “Examination”; Clause 15 reads: “Provisional protection of plant breeder rights”, therefore, when we come to clause 15, we must complete it. So, his proposed amendment is right.
    Mr First Deputy Speaker 5:28 p.m.
    So, what is your proposal?
    Mr Iddrisu 5:28 p.m.
    Mr Speaker, my proposed amendment is; “objection to the grant of a plant breeder right”; leaving it just as “objection” does not convey what headnote should be doing as a guide to interpretation.
    Mr Banda 5:28 p.m.
    Mr Speaker, I think that it rather makes it clearer. So, it is not changing anything in the provision itself, so his proposed amendment should stay. With your permission, it will read: “objection to grant of a plant breeder right.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:28 p.m.
    Mr Speaker, respectfully, just a minor improvement to the subclause (b). It says:
    “For the period of provisional protection, the applicant is deemed to be the holder of a plant breeder right in relation to any person, who during…”
    Mr Speaker, the applicant is a person and so we are referring to any other person. If we can qualify it with “other”; that is:
    “any other person, who during the period carries out an act which requires the authorisation of the breeder” --
    Mr First Deputy Speaker 5:28 p.m.
    Hon Majority Leader, that is, clause 15(2).
    Mr Banda 5:28 p.m.
    Mr Speaker, I propose the insertion of “other” in line (2) of clause 15(2), to read: “to any other person”.
    Mr Speaker, that will not change anything.
    Question put and amendment agreed to.
    Clause 15 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 5:28 p.m.
    Item numbered (xviii)?
    Clause 16 -- Objection
    Mr Banda 5:28 p.m.
    Mr Speaker, I beg to move that subclause (1), line 2, delete “or” and insert “and”.
    Question put and amendment agreed to.
    Clause 16 as amended ordered to stand part of the Bill.
    Clause 17 -- Consideration of objections
    Mr Banda 5:28 p.m.
    Mr Speaker, I beg to move, delete and insert the following:
    “Consideration of objection
    17. (1) The Registrar shall, within fourteen days of receipt of the objection, give notice in writing to the applicant of the objection to the grant of the plant breeder right.
    Mr Banda 5:28 p.m.
    Mr Speaker, I beg to move clause 18, delete.
    Mr Speaker, this is so because it is a duplication of what is captured in clause 41.
    Question put and amendment agreed to.
    Clause 19 -- Protection of varieties of recent creation
    Mr Banda 5:28 p.m.
    Mr Speaker, I beg to move, clause 19, subclause (1), line 3, delete “this country” and insert “Ghana”.
    Question put and amendment agreed to.
    Clause 19 as amended ordered to stand part of the Bill.
    Clause 20 -- Requirement of authorisation of holder of a plant breeder right for specific acts
    Mr Kyei-Mensah-Bonsu 5:28 p.m.
    Mr Speaker, I just had a second look at clause 17 (6) and with your permission, it reads: “The person who objects…”
    Mr Speaker, “who is the person who objects”? The full complement of the sentence should rather be; “the person who objects to the grants of a
    plant breeder right”. Let us have the full complement of that because we cannot just say; “the person who objects…”
    What is this person objecting to? Please, let us have the full complement of that sentence.
    Mr First Deputy Speaker 5:28 p.m.
    Very well.
    Hon Chairman, what is your view? So, “The person who objects to the grants of a plant breeder right”; is this acceptable?
    Mr Banda 5:28 p.m.
    Mr Speaker, yes.
    Question put and amendment agreed to.
    Clause 17 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 5:28 p.m.
    Hon Chairman, we are now on clause 20.
    Mr Banda 5:28 p.m.
    Mr Speaker, I beg to move subclause (3), line 1, delete “Subject to sections 21 and 22, the” and insert “The”.
    Mr Speaker, so, it starts with “The Act referred to in subsection (1) as regards harvested material”. There is already a reference to sections 21 and 22 in clause 20(1). So, to repeat same
    Mr First Deputy Speaker 5:28 p.m.
    Item numbered (xxiii)?
    Mr Banda 5:28 p.m.
    Mr Speaker, I beg to move, clause 20, subclause (4), delete and insert the following:
    “(4)Subsections (1) and (2) apply to a variety.
    (a)which is not clearly distinguishable from the protected variety in accordance with section 5;
    (b)which is essentially derived from the protected variety where the protected variety is not an essentially derived variety; and
    (c)the production of which requires the repeated use of the protected variety.”
    Mr Speaker, the substance in terms of the language is the same. There are changes in some words and deletion of some words as well.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:38 p.m.
    Item numbered (xxiv).
    Mr Banda 5:38 p.m.
    Mr Speaker, I beg to move, clause 20 subclause (5), opening phrase, delete and insert the following:
    “For the purposes of paragraph (b) of subsection (4), a variety is considered to be essentially derived from an initial variety if the variety”.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 5:38 p.m.
    Item numbered (xxv).
    Mr Banda 5:38 p.m.
    Mr Speaker, I beg to move, clause 20 subclause (5), paragraph (a), line 2, delete “itself”.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 5:38 p.m.
    Mr Speaker, just for a further clarification from the Hon Chairman. Clause 20(1) relates to:
    “… protected variety requiring the authorisation of a breeder
    (a)production or reproduction;
    (b) conditioning for the purpose of propagation;
    (c) an offer for sale,
    (d) sale or marketing …”
    Why do we have a repetition of “sale” in paragraph (d)? Should it not just simply be “(d) marketing” because we already have “offer for sale” in paragraph (c) and it tent amounts to the same as in paragraph (d) “sale or marketing”.
    Mr Banda 5:38 p.m.
    Mr Speaker, the two are not same. An offer for sale in itself is not selling. It is offering the product for sale and this is in the intendment of paragraph (c). However, paragraph (d) is the actual sale of the product and not an intention to sell.
    The two paragraphs are different.
    Mr Kyei-Mensah-Bonsu 5:38 p.m.
    Mr Speaker, this is the gospel according to the Hon Chairman and so I would not want to contradict him.
    Mr First Deputy Speaker 5:38 p.m.
    Very well.
    Clause 20 as amended ordered to stand part of the Bill.
    Clause 21 -- Exceptions to plant breeder rights
    Mr Banda 5:38 p.m.
    Mr Speaker, I beg to move clause 21 subclause (3), paragraph (b), delete and insert the following:
    “(b) permit farmers to make personal use of the holdings of the farmers for purposes of propagation of the product of harvest which the farmers have obtained by planting on the holdings of the protected variety or a variety provided for under paragraphs (a) and (b) of subsection (4) of section 2.”
    Mr First Deputy Speaker 5:38 p.m.
    Very well.
    Question put and amendment agreed to.
    Mr Iddrisu 5:38 p.m.
    Mr Speaker, Clause 21(1) reads:
    “A plant breeder right shall not extend to cover any act done
    (a) privately and for non- commercial purposes;
    (b)for experimental purposes; or
    Mr Iddrisu 5:38 p.m.


    (c) for the purpose of breeding other varieties, and

    (i)except where subsections (4), (5) and (6) of section 20 apply …”

    I thought that in the construction of clause 21(1), the “except” should have been part of the opening line of clause 21(1). Mr Speaker, so you can direct the draftspersons to do so.
    Mr First Deputy Speaker 5:38 p.m.
    Hon Member for Wa West?
    Mr Chireh 5:38 p.m.
    Mr Speaker, the breeder's right is like the intellectual property right or patent right, but if one wants to use the right privately and not for commercial purposes then there is that exemption. It is when people want to make money out of one's invention -- for experimental purposes like those who are doing experiments in schools and so on and not for commercial purposes.
    Finally, looking at the exceptions that have been given -- those who are using the variety that has been developed to develop other varieties. In all these, there is no benefit to the
    detriment of the one who has developed the variety. So, I think that the exception as captured in the Bill has been done accurately.
    Mr Iddrisu 5:38 p.m.
    Mr Speaker, then I would abandon my proposal.
    My second issue regards clause 21(2). I have been looking at Regulations under clause 62 and I am wondering whether clause 21(2) should not be part of clause 62.
    Clause 21(2) reads:
    “The Minister may make Regulations to restrict a plant breeder right in relation to any variety of agricultural plants within reasonable limits”.
    Does this not belong to clause 62? I want the Hon Chairman and Hon Minister to consider this because clause 21 is about “Exceptions” but we have brought in matters of “Regulations” even though “Regulations” have been provided under clause 62.
    Mr First Deputy Speaker 5:38 p.m.
    Hon Chairman?
    Mr Banda 5:38 p.m.
    Mr Speaker, we can maintain subclause (2) in its original place because it is the provision that is giving the Hon Minister the basis to
    make Regulations. We can then repeat it in clause 62 out of abundance of caution.
    Mr Iddrisu 5:38 p.m.
    Mr Speaker, I think that we should move subclause (2) to clause 62 but when you put the Question -- [Interruption]
    There is provision for Regulations in clause 60(2), if we go further into the Bill on page 29.
    Mr First Deputy Speaker 5:48 p.m.
    Since we do not have any question to the substance, I would put the Question on the substance and direct the draftspersons to consider whether it appropriately belongs here or we should relocated it.
    Yes, Hon Majority Leader?
    Mr Kyei-Mensah-Bonsu 5:48 p.m.
    Mr Speaker, I think it would affect subclause (3) as well. If we should lift clause 21(2) from its place to clause 60(2), the subclause (3) should also follow suit.
    But Mr Speaker, I did not really follow the amendment moved by the Hon Chairman in respect of clause 21. He moved a minor amendment which is not advertised.
    Mr First Deputy Speaker 5:48 p.m.
    The amendment we did was in subclause (3). The word “they” was deleted for “the farmers” in clause 21(3)(b).
    Mr Kyei-Mensah-Bonsu 5:48 p.m.
    Mr Speaker, clause 21(1) reads:
    “A plant breeder right shall not extend to cover act done
    (a)privately or for non- commercial purposes
    (b)for experimental purposes or for purposes of breeding other varieties.
    So if we take it from the preamble, it would read:
    “A plant breeder right shall not extend to cover any act done for the purpose of breeding other varieties
    (i) except where subsections (4), (5) and (6) of section 20 apply.”
    And so the word “and” at the end of paragraph (c) does not have to be there. It should rather be where it is after (i). So it should read:
    “A plant breeder right shall not extend to cover any act done for the purpose of breeding other varieties
    Mr First Deputy Speaker 5:48 p.m.
    Yes, Hon Chairman?
    Mr Banda 5:48 p.m.
    Mr Speaker, I agree with him because if we take the “and”, it would read like:
    “…for the purpose of breeding other varieties
    (I) except where …”
    So the first “and” ought not to be there, but the second “and” is appropriately placed.
    Question put and amendment agreed to.
    Clause 21 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 5:48 p.m.
    The draftspersons are directed to consider whether to relocate clause 21(2) to clause 60 or it should stay where it is.
    Clause 22 -- Exhaustion of plant breeder right
    Mr Banda 5:48 p.m.
    Mr Speaker, I beg to move, clause 22, subclause (1), opening phrase, line 4, delete “this country” and insert “Ghana” and also delete “breeder's consent” and insert “consent of the breeder” and further in line 5, delete “that act involves the” and insert “the act involves”.
    Mr Speaker, the new rendition would read 5:48 p.m.
    “(1) A plant breeder right shall not extend to acts regarding any material of the protected variety or of a variety to which subsections (3), (4) and (5) of section 20 apply, which has been sold or otherwise marketed in Ghana by the breeder or with the consent or the breeder or material derived from the said material unless the act involves”.
    Question put and amendment agreed to.
    Clause 22 as amended ordered to stand part of the Bill.
    Clause 23 ordered to stand part of the Bill.
    Clause 24 -- Assignment
    Mr Banda 5:48 p.m.
    Mr Speaker, I beg to move, clause 24, subclause (3), line 3, delete “or” and insert “and”.
    Mr Speaker, it would read 5:48 p.m.
    “… published in the Gazette and Varieties Bulletin”.
    Question put and amendment agreed to.
    Clause 24 as amended ordered to stand part of the Bill.
    Clause 25 -- Contractual licence
    Mr Banda 5:48 p.m.
    Mr Speaker, I beg to move, clause 25, subclause (5), line 2, delete “its acquisition” and insert “the acquisition of the licence”.
    Mr Speaker, the subclause would read 5:48 p.m.
    “(5) A licence is not binding on a third party that has acquired a right in good faith unless the licence was registered before the acquisition of the licence.”
    Question put and amendment agreed to.
    Clause 25 as amended ordered to stand part of the Bill.
    Clause 26 -- Statutory declaration for payment of royalty
    Mr Banda 5:48 p.m.
    Mr Speaker, I beg to move, clause 26, delete and insert the following:
    “(1)A holder or an applicant for the grant of a plant breeder right, may make a statutory declaration inviting any person prepared to pay a royalty to carry out any of the acts referred to in section 21, from the date on which the person concerned informs the holder or applicant of the intention to carry out the acts.
    (2)The holder or applicant shall state in the statutory declaration the royalty payable by the licensee.
    (3)The holder or applicant shall submit the statutory declaration to the Registrar who shall make an entry of the statutory declaration in the register.
    (4)The Registrar may cancel the entry of the statutory declaration at the request of the holder or applicant with the consent of the beneficiaries.”
    Mr First Deputy Speaker 5:48 p.m.
    There is no advertised amendment to clause 27.
    Yes, Hon Minority Leader?
    Mr Iddrisu 5:58 p.m.
    Mr Speaker, with your leave and the indulgence of the House, line 2 of the clause 27(1), reads:
    “A person may apply to the Registrar for the grant of a compulsory licence as regards a plant breeder right”.
    Is “as regards” -- is it not where we use “relating to”? I have a difficulty with that.
    Clause 27(1):
    “A person may apply to the Registrar for the grant of a compulsory licence in respect of a plant breeder right.”
    Mr Speaker, with your leave and indulgence, I beg to move that delete the words “as regards” and substitute it with “in respect of”.
    Thank you, Mr Speaker.
    Mr Banda 5:58 p.m.
    Mr Speaker, I support the proposed amendment.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 5:58 p.m.
    Mr Speaker, we are just looking at clause
    27(2):
    “Subject to subsection (3), the Registrar shall grant the applicant the compulsory licence only where the grant of the licence is in the public interest.”
    Mr Speaker, I was asking across the aisle why only “public interest”?
    Alhaji I.A.B. Fuseini 5:58 p.m.
    Mr Speaker, this is a grant of right which has to be respected. One can only take that right or nib away aspects of that right if it is in the public interest so to be. That is why article 20 of the Constitution says that if we are going
    to take somebody's house, which is his right to property, it can only be done under a compulsory acquisition under certain conditions and it must be in the public interest.
    So that is why public interest is one indicator of an infringement or the taking of the state of a right of a person. It can only be in the public interest and in this particular one, compulsory grant of a licence is where it is in the public interest to give a licence to somebody to market for the benefit of the generality of Ghana or Ghanaians.
    So, Mr Speaker, let us look at article 20 of the Constitution.
    Mr Kyei-Mensah-Bonsu 5:58 p.m.
    Mr Speaker, it is what I am looking at and that is why I am asking why it is only about the public interest because there are other provisions in respect of essential services, public health and so on. That is why I am raising those ones. Why do we only restrict ourselves to public interest? I do not think that public interest is adequate. I would not want to further litigate it.
    Mr Iddrisu 5:58 p.m.
    Mr Speaker, to explain to the Hon Majority Leader - first, public interest is even defined in the Interpretation column of the Constitution which is to serve the
    public good and its definition is encompassing enough to contemplate what is here. But my worry, if I have your leave, with clause 27 is subclause 4.
    Mr Speaker, if the Hon Majority Leader would recall, on some matter, we changed it. Where we have “equitable remuneration” it should be qualified to “fair and equitable”. Those are the words that the Constitution uses.
    Secondly, why are we using “remuneration” and not “compensation” or is there no better word? I am just teasing it out. Why are we using “remuneration”? For the purpose of this is what we are going to pay the person, is it a remuneration?
    Mr Speaker, I think wherever we have “equitable”, we should qualify it to “fair and equitable” compensation. Those are the words used in article 20 of the 1992 Constitution, as the Hon Ranking Member referred to, with those compulsory acquisition even though it relates to land.
    But wherever we have “equitable” it should read “fair and equitable”. The Hon Majority Leader may look for a better word. “Remuneration” comes to me as compensation like wages and salaries. Is that what we want for the purpose of this? Maybe, it is an
    Mr Iddrisu 5:58 p.m.


    award or a financial reward of a sort but remuneration connotes wages and salaries as I understand it. So, maybe, the Hon Chairman and Minister may look for a better word.

    About “The method of payment as regards the financial award …” - we want to reward that person for the uniqueness and distinctiveness of the discovery but the use of the word “remuneration” should be looked at.

    Thank you, Mr Speaker.
    Mr Banda 5:58 p.m.
    Mr Speaker, first of all, in respect of why the use of the words, “public interest” -- if you read article 19 or 17 of the International Convention for the Protection of New Varieties of Plants, this is what it says and with your permission, I read:
    “Except where expressly provided in this Convention, no contracting party may restrict the free exercise of a breeder's right for reasons other than of public interest.”
    Mr Speaker, secondly, I agree with the Hon Minority Leader that we should substitute “remuneration” with “compensation” once we are dealing with compulsory acquisition of somebody's licence which but for the compulsory acquisition, that person
    would have had absolute and total ownership of that licence. As the Constitution rightly stipulates, it uses the word “compensation” but not “remuneration”. So I agree to his proposed amendment.
    And I also agree that we can insert “fair” in addition to “equitable” to make it read: “fair and equitable compensation in the absence of an agreement on the amount.”
    So, Mr Speaker, subclause 4 would read:
    “A person to whom a licence is granted under this section shall pay the holder a fair and equitable compensation in the absence of an agreement on the amount”.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 5:58 p.m.
    Mr Speaker, in that case, there are some consequential amendments to be made. If we agree to the deletion of remuneration in clause 27(4), then same should be effected in clause 27(5). They are consequential.
    Mr Banda 5:58 p.m.
    Mr Speaker, once the Hon Majority Leader and the Hon Minority Leader are not in love with
    “as regards”, we may amend subclause (5) so that “as regards” would read: “in respect of”.
    Question put and amendment agreed to.
    Clause 27 as amended ordered to stand part of the Bill.
    Clause 28 -- Duration of plant breeder right
    Mr Iddrisu 6:08 p.m.
    Mr Speaker, there too, with your leave and indulgence, clause 28 (2):
    “Protection for varieties of all other genera or species expire twenty years after they have been granted”.
    It should be “shall expire”. I think so. Does Mr Speaker think it is all right? -- [Interruption] -- I am fine, but it is just the reading.
    Mr Banda 6:08 p.m.
    Mr Speaker, I think we can comfortably insert “shall”, but the use of the word “they” refers to the protection. Because if we read it carefully, it says:
    “Protection for varieties of all other genera or species shall
    expire twenty years after the grant of the protection”.
    Question put and amendment agreed to.
    Clause 28 as amended ordered to stand part of the Bill.
    Clause 28 ordered to stand part of the Bill.
    Clause 29 -- Nullity
    Mr Banda 6:08 p.m.
    Mr Speaker, I beg to move, clause 29, headnote, delete and insert the following:
    “Nullification of right of holder”.
    Question put and amendment agreed to.
    Mr Banda 6:08 p.m.
    Mr Speaker, I beg to move, clause 29, subclause (1), opening phrase, line 2, delete “established under section 43, declare a holder's right” and insert “declare the right of a holder”.
    Mr Speaker, it would read 6:08 p.m.
    “The Registrar shall, on the advice of the Plant Breeders Technical Committee establish declare the right of a holder null and void.”
    Mr Banda 6:08 p.m.
    Mr Speaker, I beg to move, clause 29, subclause (1), paragraph (c), line 2, delete “it” and insert “the right”.
    Question put and amendment agreed to.
    Mr Banda 6:08 p.m.
    Mr Speaker, I beg to move, clause 29, subclause (3), paragraph (b), line 1, delete “or” and insert “and”.
    Question put and amendment agreed to.
    Clause 29 as amended ordered to stand part of the Bill.
    Clause 30 - -Cancellation
    Mr Kyei-Mensah-Bonsu 6:08 p.m.
    Mr Speaker, I thought as has been done to the amendment of the headnote in clause 29, which related to the nullification of right of a holder, I think the same thing ought to have been done here. It should be “cancellation of right of holder” and not just “cancellation”.
    Mr Speaker, I beg to move.
    Question put and amendment agreed to.
    Clause 30 as amended ordered to stand part of the Bill.
    Clause 31 -- Termination
    Mr Banda 6:08 p.m.
    Mr Speaker, I beg to move, clause 31, delete and insert the following:
    “(1)A plant breeder right shall terminate
    (a)after the term referred to in section 28 duly expires;
    (b)where the holder of that right renounces the right by written notice or declaration submitted to the Registrar; or
    (c)on the date of termination specified in the notice or declaration or if no date is specified, the date on which the notice or declaration is received by the Registrar.”
    Mr Kyei-Mensah-Bonsu 6:08 p.m.
    Mr Speaker, I would want to be educated on the cancellation of plant breeder right in clause 30. Clause 31 provides that:
    “The Registrar shall, on the advice of the Plant Breeders Technical Committee, cancel a
    plant breeder right if the conditions laid down in section 6 or 7 are no longer fulfilled.”
    Mr Speaker, sections 6 and 7 relate to just two of the figures that is the distinctiveness, uniformity and stability. But newness and the distinctiveness are also provided. Indeed to fulfil these conditions, they would be terminated or cancelled, so why restrict it only sections 6 and 7? The features are set out in section 3.
    If they no longer conform, the right would be cancelled or terminated if you like. Why is it that we are restricting ourselves to just section (6) and (7) in respect of uniformity and stability? If the Hon Chairman could explain it to me , I would be-- I do not really get it there.
    Mr Banda 6:18 p.m.
    Mr Speaker, I do not get the Hon Majority Leader's question well, so, he may explain it further.
    Mr Kyei-Mensah-Bonsu 6:18 p.m.
    Mr Speaker, the grant of a plant breeder right is predicated on fulfilling the protection indices set out in section 3. That is the newness, or if you like, the novelty of the breed, the distinctiveness, uniformity and stability. These are the four features
    that are required for the grant of a right, and they all go together. Sections 4, 5, 6 and 7 expatiate on what has been set out in section 3. When we come to clause 30, we are only relating to two of the features instead of the entirety of the spectrum, and that is what I am really drawing the Hon Chairman's attention to.
    Mr Speaker, when we came to clause 14, which is on the examination of application, we did an amendment that it should relate to all four. Now, we are here saying that if two of the conditions have not been met, the application or the right could be cancelled or terminated. Why not the entire spectrum?
    Mr Banda 6:18 p.m.
    Mr Speaker, I now get his question clearer. Mr Speaker, I believe that that is a typo. The conditions that must exist for the grant of the plant breeder right are not only based on section 6 or 7. I would therefore want to propose that instead of section 6 or 7, it should rather start from sections 4 to 7.
    Mr First Deputy Speaker 6:18 p.m.
    Hon Chairman, sections 4 to 7 are only explanations to the specific requirements. Section 3 sets out the requirements, so, if you relate it to

    section 3, it covers all of them, rather than listing the explanations as the bases for determining whether or not the conditions still exist.
    Mr Kyei-Mensah-Bonsu 6:18 p.m.
    Mr Speaker, when we come to clause 29 where we dealt with nullification, subclause (1) (a) confines itself to the matters contained in sections 4 and 5, that is in respect of section 3 (a) and (b), or if you like sections 4 and 5 - novelty and distinctiveness. Then when we come to (b), it relates to sections 6 or 7, and 6 or 7 is in respect section 3 (c) and (d). However here, we are narrowing it to only 6 or 7, which is my worry.
    Mr First Deputy Speaker 6:18 p.m.
    Yes, Hon Chairman, have you obtained technical advice?
    Mr Banda 6:18 p.m.
    Mr Speaker, once this is a technical area, I would pray that we have the Consideration of this portion deferred or stood down for further consultation.
    Mr First Deputy Speaker 6:18 p.m.
    Very well.
    Hon Members, the consideration of clause 30 is deferred. We are done with clause 31. Is that right?
    Alhaji I.A.B. Fuseini 6:18 p.m.
    Mr Speaker, even though I was part of the formulation of this amendment on clause 31, it appears to change the essence of the clause. Clause 31 talks about termination, not expiration, and it gives the grounds on which a plant breeder's right can be terminated, which are only two grounds. That right is granted under section 28. So, when it is granted under section 28, it would run until the fruition of time - until the licenses is exhausted. However, there are two grounds on which one can terminate.
    The amendment seems to suggest that one can terminate after the term referred to in section 28 duly expires. If it expires, then the license is expired, so, one does not need to terminate it; it is gone. So, that is why clause 31 has been drafted this way:
    “A plant breeder right shall terminate before the term referred to in section 28 duly expires (a) where the holder of that right renounces it by written notice or declaration addressed to the Registrar…”
    That is when a person may terminate. Otherwise it says in (b):
    “On the date of termination specified in the notice or declaration or, if none is
    specified, the date on which the notice or declaration is received by the Registrar.”
    So, there are only two grounds on which one can terminate a right. But given the way we have drafted it, we have made it three. Actually, with the first one, when the right expires, one cannot terminate it again because it is already expired.
    Mr First Deputy Speaker 6:18 p.m.
    Do we have the provision for automatic expiration and when the right expires by a fruition of time?
    Alhaji I.A.B. Fuseini 6:18 p.m.
    Mr Speaker, there is no provision for it, and that is what I thought was a lacuna. When I also looked at it, I did not see a provision for when the licenses run its course, or when it naturally expires. There is no such provision in this law, and that is what I thought was the lacuna. With the way this one is done, there is no termination after the expiration. If there is no licenses, then one cannot terminate what does not exist.
    Mr First Deputy Speaker 6:18 p.m.
    So, with the proposed new clause, the one proposed to substitute the existing one, we have introduced the expiration. I think that we can take it out and let it stand on its own, that by a fruition of time, when a license
    that has been granted for 20 years expires, then it means that the license has been exhausted, and it is gone.
    Alhaji I.A.B. Fuseini 6:28 p.m.
    Mr Speaker, a neater way would be that before the word “termination”, we insert the word “expiration” to read:
    “A plant breeder right shall expire…”
    We would have to draft it well, but we would need the word “expiration”. So that one does not continue to exercise a right which does not exist. The original is right. We introduced this amendment to deal with the expiration of a license, but it does not really deal with it. The Hon Speaker is perfectly right that we have not provided for the consequences of an expiration of a license. It is not in this Bill.
    Mr Speaker, therefore, my proposal is that we leave clause 31 as it is, then provide for the legal consequences of the expiration of a license. [Interruption].
    Mr First Deputy Speaker 6:28 p.m.
    Hon Members, I suggest that paragraph (a) should be lifted to stand on its own so that section 28 duly expires.
    Mr Banda 6:28 p.m.
    Mr Speaker, I think that when we read the original clause 31 well, it envisages termination but the preambular gives us instances before the expiry where the right can be terminated and that is captured in section 28. So I would like to propose that we maintain the original rendition except to adjust the provisions a bit to make it neater and cleaner than it is at the moment. Otherwise, the original rendition in clause 31(1) is good.
    Mr Speaker, so, the first amendment in respect of clause 31(1) would be 6:28 p.m.
    “Where the holder of that right renounces the right by written notice or declaration submitted to the Registrar”.
    Mr Speaker, we are deleting “it” and inserting “renounces the right by written notice or declaration submitted to the Registrar”.
    And paragraph (b) would then read:
    “…on the date of termination specified in the notice or declaration or if no date is specified, the date on which the notice or the declaration is received by the Registrar.”
    Mr Ahiafor 6:28 p.m.
    Mr Speaker, we could further improve on the proposed amendment by the Chairman of the Committee in respect of paragraph (a), which reads: “Where the holder of that right”. Instead of saying “where the holder of that right`` for somebody to ask, which right? We could just make it “where the holder of the Plant breeder right``. -- [Interruption]--
    Mr First Deputy Speaker 6:28 p.m.
    No, if you start from clause 31(1), it says: “A plant breeder shall…”
    Mr Ahiafor 6:28 p.m.
    Mr Speaker, I got it.
    Mr Kyei-Mensah-Bonsu 6:28 p.m.
    Mr Speaker, I was following the Hon Ahiafor, it rather should read:
    “Where the holder of the right renounces that right…”
    Question put and amendment agreed to.
    Clause 31 as amended, ordered to stand part of the Bill.
    Clause 32, ordered to stand part of the Bill.
    Clause 33 -- Maintenance of the protected variety.
    Mr Kyei-Mensah-Bonsu 6:28 p.m.
    Mr Speaker, just to request in clause 33 that the drafters provide the full complement of what is there. “A plant breeder or a holder of a plant breeder right”, not just a breeder or holder.
    Mr First Deputy Speaker 6:28 p.m.
    Are you talking about clause 33?
    Mr Kyei-Mensah-Bonsu 6:28 p.m.
    Yes, clause 33, Mr Speaker. It should read:
    “A plant breeder or a holder of plant breeder right shall ensure the maintenance of the protected variety”.
    Question put and amendment agreed to.
    Clause 33 ordered to stand part of the Bill.
    Mr First Deputy Speaker 6:28 p.m.
    The draftsperson shall act as advised by the Majority Leader.
    Clause 34 -- Designation of varieties by denomination.
    Mr Banda 6:28 p.m.
    Mr Speaker, I beg to move, clause 34, subclause (1), line 2, delete “deemed to be its generic designation” and insert “considered to be the generic designation of the variety.”
    Question put and amendment agreed to
    Clause 34 as amended, ordered to stand part of the Bill.
    Mr First Deputy Speaker 6:28 p.m.
    Clause 35?
    Clause 35 -- Characteristics of variety denomination.
    Mr Banda 6:28 p.m.
    Mr Speaker, I beg to move, clause 35, subclause (1), line 3, delete “for the purpose of the variety to be identified by the designation”.
    Question put and amendment agreed to.
    Mr Banda 6:28 p.m.
    Mr Speaker, I beg to move, clause 35 subclause (3), paragraph (a), line 1, delete “it” and insert “the variety denomination”.
    Question put and amendment agreed to.

    Question put and amendment agreed to.

    Clause 35 as amended ordered to stand part of the Bill.

    Clause 36 ordered to stand part of the Bill.

    Clause 37 -- Prior rights of third persons
    Mr Banda 6:38 p.m.
    Mr Speaker, I beg to move, clause 37, subclause (1), line 3, delete “it” and insert “the denomination”.
    Question put and amendment agreed to.
    Clause 37 as amended ordered to stand part of the Bill.
    Clause 38 -- Obligation to use variety denomination
    Mr Banda 6:38 p.m.
    Mr Speaker, I beg to move, clause 38, subclause (1), lines 2 and 3, delete “within the country” and insert “Ghana”. This is consequential.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:38 p.m.
    Item numbered 17 (xl).
    Mr Banda 6:38 p.m.
    Mr Speaker, I beg to move, clause 38, subclause (4), delete and insert the following:
    “An authority of a member state to the Convention may submit an observation on a denomination to the Registrar prior to the registration of the denomination.”
    Question put and amendment agreed to.
    Mr First Deputy Speaker 6:38 p.m.
    Item numbered 17 (xli)?
    Mr Banda 6:38 p.m.
    Mr Speaker, I beg to move, clause 38, add the following new subclause after subclause (4):
    “The Registrar shall consider the observation before registering the denomination.”
    Question put and amendment agreed to.
    Clause 38 as amended ordered to stand part of the Bill.
    Clause 39 -- Indications in association with denomination
    Mr Banda 6:38 p.m.
    Mr Speaker, clause 39 reads,
    “When a protected variety is offered for sale or marketed, a trademark, trade name or other similar indication may be associated with the registered variety denomination if the denomination is easily recognisable.”
    I think that within this context, we can add “sold or marketed”. So, it would read: “When a protected variety is offered for sale, sold or marketed…”
    Question put and amendment agreed to.
    Clause 39 as amended ordered to stand part of the Bill.
    Clause 40 ordered to stand part of the Bill.
    Mr First Deputy Speaker 6:38 p.m.
    Hon Majority Leader, do we intend to do any part of the Ghana Enterprises Agency Bill, 2020? If so, then I think that we could leave this one at clause 40 and do some part of their own. They have been Sitting in since morning.
    Mr Kyei-Mensah-Bonsu 6:38 p.m.
    Mr Speaker, even though I assured them, I just wanted to plead with them because certainly, if we start, we would not get anywhere on that. I wanted to plead with them, so that if we are able to finish with this one, then tomorrow, we would continue in earnest with their own and finish it up.
    Mr First Deputy Speaker 6:38 p.m.
    Very well. There is only one more proposed amendment on the Order Paper. The Table Office is advising that they have other amendments they are yet to advertise, so we can finish with what we have on the Order Paper today and if it is possible, do a few clauses of the Ghana Enterprises Agency Bill,
    2020.
    Clause 41 -- Register of plant breeder rights
    Mr Banda 6:38 p.m.
    Mr Speaker, I beg to move, clause 41, subclause (3), add
    Mr First Deputy Speaker 6:48 p.m.
    That appears to be the end of Consideration of the Plant Variety Protection Bill, 2020 for today. [Pause]
    Hon Majority Leader, it is your pleasure.
    Mr Kyei-Mensah-Bonsu 6:48 p.m.
    Mr Speaker, we could go to the Consideration Stage of the Ghana Enterprises Agency Bill, 2020.
    Mr First Deputy Speaker 6:48 p.m.
    Very well. Hon Members, the Ghana Enterprises Agency Bill, 2020, at the Consideration Stage.
    BILLS -- CONSIDERATION 6:48 p.m.
    STAGE 6:48 p.m.
    Mr Panford 6:48 p.m.
    Mr Speaker, I beg to move, clause 8, subclause 1, line 2, delete “despatch'' and insert “conduct''.
    The new rendition would be:
    “The members of the Board shall meet at least once every
    three months of the conduct of business at the time and a place determined by the chairperson''.
    Question put and amendment agreed to
    Mr Panford 6:48 p.m.
    Mr Speaker, I beg to move clause 8, subclause 3, line 2, delete “Executive Director'' and insert “Chief Executive Officer''.
    Mr Speaker, this replicates in most of the clauses, so if I may be permitted to move the consequential amendments.
    Mr First Deputy Speaker 6:48 p.m.
    Hon Chairman, once you have moved this one, I would direct the draftspersons to substitute “Executive Director'' for “Chief Executive Officer'', wherever it is in the Bill.
    Question put and amendment agreed to
    Mr First Deputy Speaker 6:48 p.m.
    I direct that “Chief Executive Officer'', shall replace “Executive Director'', any place of the Bill, where it so appears.
    Mr Panford 6:48 p.m.
    Mr Speaker, I beg to move, clause 8, subclause 8, delete “its meetings'' and insert “the meetings of the Board''.
    Question put and amendment agreed to
    Mr Banda 6:48 p.m.
    Mr Speaker, if the Hon Chairman would agree, in clause 8, subclause 1, line 2, I would want to propose the deletion of the second indefinite article “a''.
    So, the new rendition would read:
    “…at a time and place determined by the chairperson''
    Mr Panford 6:48 p.m.
    Mr Speaker, I agree with the Hon Member.
    Question put and amendment agreed to
    Mr Kyei-Mensah-Bonsu 6:48 p.m.
    Mr Speaker, from where did we import the word “simple'', in clause 8 (5)? We have also said that; “matters before the Board shall be decided by majority of members present and voting''
    I do not know where we imported the word “simple''. This is because “majority'' is a “majority'' and no one has talked about absolute majority anywhere.
    Mr Speaker, I beg to move that clause 8, subclause 5, line 1, delete “simple''.
    Mr Panford 6:48 p.m.
    Mr Speaker, I beg to move, clause 9, subclause 1, opening phrase, line 2, delete “shall''.
    Mr First Deputy Speaker 6:48 p.m.
    If you have deleted “shall'', kindly read the first paragraph and let us see.
    Mr Panford 6:48 p.m.
    Mr Speaker, this rational was to make more grammatical -- so that the “shall'' would then --
    Mr First Deputy Speaker 6:48 p.m.
    Hon Chairman, if the “shall'' is deleted it would read:
    “A member of the Board who has an interest in a matter for consideration by the Board--
    (a)disclose in writing…''
    Where is the preamble?
    Mr Panford 6:48 p.m.
    Mr Speaker, clause
    9 (1) --
    Mr First Deputy Speaker 6:48 p.m.
    Yes, that is what you want to delete. Yes, Hon Deputy Minister for Trade and Industry?
    Mr Ahomka-Lindsay 6:48 p.m.
    Mr Speaker, the “shall'' was removed from clause 9, subclause 1, so that we would put it in front of clause 9 subclause 1, paragraph (a), so that the “shall'' does not make sense for clause 9, subclause 1, paragraph (b).
    So, the new rendition would read:
    “A member of that Board who shall have an interest in a matter for consideration by the Board is disqualified from participating…''
    Mr First Deputy Speaker 6:48 p.m.
    Very well.
    Question put and amendment agreed to
    Mr Panford 6:48 p.m.
    Mr Speaker, I beg to move, clause 9, subclause 1, paragraph (a), line 1, before “disclose'', insert “shall''.
    Mr Ahiafor 6:48 p.m.
    Mr Speaker, with regard to the proposed amendment to clause 9, the template has always been one paragraph. So, why have they splitted it into paragraphs (a) and (b)? Mr Speaker, I have with me the
    Complementary Education Agency Bill, 2020, which the House passed recently, and it is clear in clause 7 of that Bill that, it is one sentence.
    Mr Speaker, with your permission, I beg to quote clause 7 of the Complementary Education Agency Bill, 2020. It reads:
    “A member of the Board who has an interest in a matter for consideration by the Board shall disclose in writing the nature of the interest and is disqualified from participating in the deliberations of the Board in respect of that matter''.
    However, in this Bill in particular, it has been splitted into paragraphs (a) and (b), so I want to know if there is any special reason?
    Mr First Deputy Speaker 6:58 p.m.
    Hon Member, they are also introducing something else for the matter to be on record.
    Alhaji Inusah A. B. Fuseini 6:58 p.m.
    Mr Speaker, there is no special reason. The fact is that it does not change anything.
    Mr Kyei-Mensah-Bonsu 6:58 p.m.
    Mr Speaker, we have developed a template which has further improved what we have here. Indeed, it is the reason the Institute of Chartered Accountants, Ghana Bill has the same formulation as in this. So, we have further improved what he is holding. The clause 7 in that provides which with your permission is as follows:
    “A member of the Council who has an interest in a matter for consideration
    (a) shall disclose in writing the nature of that interest and the disclosure shall form part of the record of the consideration of that matter
    (b) is disqualified from being present at or participating in the deliberation or determination of the Council in respect of that matter.”
    Indeed, this one is not even comprehensive enough. So, we need to further improve the clause 9, subclause (1) paragraph (b). It is in accord with the new format that we have developed. So, the paragraph (b) ought to be further improved to read:
    Mr First Deputy Speaker 6:58 p.m.
    Hon Members, the draftspersons are directed to bring clause 9, subclause (1) in conformity with the new template developed by the House.
    Clause 10 -- The establishment of committees
    Mr Ato Panford 6:58 p.m.
    Mr Speaker, I beg to move, clause 10, delete and insert the following:
    “(1)The Board may establish Committees consisting of members of the Board or non-members or both to--
    (a)perform a function of the Board; and
    (b)advise the Board on a matter referred to the Committee by the Board.
    (2)A Committee of the Board shall be chaired by a member of the Board except where the Committee is made up of non-members.
    (3)A Committee made up of non-members of the Board shall be advisory only.
    (4)Section 9 of this Act shall apply to members of a Committee of the Board.”
    Mr First Deputy Speaker 6:58 p.m.
    But Hon Chairman, clause 10 is not your amendment; Hon Dafeamekpor proposed that amendment. Are you in support of that?
    Where is the Hon Member for South Dayi?
    Mr Ato Panford 6:58 p.m.
    Mr Speaker, we discussed this at the meeting but we did not stick to this amendment but then he is not here even to speak to it.
    Mr First Deputy Speaker 6:58 p.m.
    All right, so, what do you want to do? Do we maintain the clause 10 as it is in the Bill?
    Mr Ato Panford 6:58 p.m.
    Mr Speaker, yes.
    Mr First Deputy Speaker 6:58 p.m.
    Very well, but there is a proposed amendment to clause 10.
    Mr Banda 6:58 p.m.
    Mr Speaker, in respect of clause 10; it is a provision that we have come across so many times. There is a template that the House has adopted. Can we use the same template by directing the Clerks- at-the-Table?
    Mr First Deputy Speaker 6:58 p.m.
    Which is the template; is it the one proposed by the Hon Member for South Dayi?
    Mr Bernard Ahiafor 6:58 p.m.
    Mr Speaker, with your permission, the template reads:
    “The Board may establish a committee consisting of members of the Board, non- members of the Board or both to (a) perform a function…”
    Mr First Deputy Speaker 6:58 p.m.
    Is that different from what is in the Bill?
    Mr Bernard Ahiafor 6:58 p.m.
    Mr Speaker, it is different from what is in the Bill. What is in the Bill states:
    “The Board may establish a committee consisting of members of the Board or non- members of the Board…”
    Mr Speaker, this one does not give the opportunity for both members and non-members -- That is what makes the difference.
    Mr First Deputy Speaker 6:58 p.m.
    Very well, so, I will put a Question on clause 10 and direct the draftspersons to draft us the template.
    Mr Ahomka-Lindsey 6:58 p.m.
    Mr Speaker, yes, there is actually an amendment coming to address that very point in item numbered (viii) where we would be inserting after “non-member” “or both”. It would address that particular point.
    Mr Speaker, in the current draft, it is written, with your permission as follows 6:58 p.m.
    “The Board may establish committees consisting of members of the Board or non- members to (a) perform the functions of the Board…”

    What is being suggested is what we are not agreeing with but we agree that we need to add the words “or both”.
    Mr First Deputy Speaker 6:58 p.m.
    Hon Leader, item numbered (vii) is the proposal of the Hon Member for South Dayi but the Committee proposed an amendment in item numbered (viii).
    Mr Ahomka-Lindsey 6:58 p.m.
    Mr Speaker, yes.
    Mr First Deputy Speaker 6:58 p.m.
    So, I will strike out the proposed amendment in item numbered (vii) as the proponent is not in the House and then we would consider the proposed amendment in item numbered (viii).
    Mr First Deputy Speaker 6:58 p.m.
    Now, Hon Chairman of the Committee, your proposed amendment is to insert “or both” after “non-member”. Is that right?
    Mr Ato Panford 6:58 p.m.
    Mr Speaker, yes.
    Question put and amendment agreed to.
    Clause 10 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 6:58 p.m.
    Hon Members, I will further direct the draftspersons to rearrange clause 10 to be in line with the template adopted by the House.
    Clause 11 ordered to stand part of the Bill.
    Clause 12 -- Policy directives
    Mr Bernard Ahiafor 6:58 p.m.
    Mr Speaker, the regular rendition reads, with your permission I quote:
    “The Minister may give directives in writing on matters of policy to the Board and the Board shall comply.”
    Mr First Deputy Speaker 6:58 p.m.
    Hon Member, so, you propose that we delete “with the directives”? [Interruption]
    Question put and amendment agreed to.
    Clause 12 as amended ordered to stand part of the Bill.
    Clause 13 -- Appointment of an executive director
    Mr Panford 7:08 p.m.
    Mr Speaker, there are consequential amendments for clauses 13, 14, 15, 16 and 18.
    Mr First Deputy Speaker 7:08 p.m.
    Very well.
    I have already directed the draftspersons to do that and so, I will take the clauses one after the other just in case there are other amendments.
    Question put and amendment agreed to.
    Clause 13 ordered to stand part of the Bill.
    Mr Ahiafor 7:08 p.m.
    Mr Speaker, instead of saying “an executive director”, we say, “the executive director”. Line 2 should be “the chief executive”.
    Mr First Deputy Speaker 7:08 p.m.
    No, it should not be. The President shall, in accordance with article 181 of the Constitution appoint an executive director over the Agency”.
    Mr Ahiafor 7:08 p.m.
    Mr Speaker, the Chief Executive Officer, the heading will be: “Appointment of chief executive officer”. So, the language
    should be “the chief executive officer” because it is captured in the heading and not “an” or “a” but rather “the chief executive officer.”
    Mr Speaker, this is because the marginal note will read 7:08 p.m.
    “Appointment of chief executive officer”. So, when we come to clause 13, line 2, it should read as follows: “The President shall in accordance with article 195 of the Constitution appoint the chief executive officer for the Agency”.
    Mr Banda 7:08 p.m.
    Mr Speaker, I believe that for the first mention of the chief executive director, that phrase has to be preceded by a definite article. It is clause 13(2) that must begin with the definite article.
    So, the first one should read:
    “The President shall, in accordance with article 195 of the Constitution appoint a chief executive director for the Agency”.
    Question put and amendment agreed to.
    Clause 13 as amended ordered to stand part of the Bill.
    Clause 14 -- Functions of the executive director
    Mr Fisrt Deputy Speaker 7:08 p.m.
    Hon Members, I have already given the directive that the draftspersons should
    Mr Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, for clause 17 -- “Appointment of other staff”, again, there is this standard that we have adopted which provides that; “The President in accordance with article 195 appoints other staff that are necessary for the efficient and effective performance of the Agency”.
    Then, usually, we have a sub clause (2) which provides that: “The President may, in writing, delegate the powers of the appointment under sub section (1) to the Board”.
    Mr Speaker, that point above is missing here and then other public officers may be transferred or seconded to the Agency. Those are standard provisions, let us include them.
    So, we can live with the standard provisions.
    Mr First Deputy Speaker 7:08 p.m.
    We have already taken a motion on clause 17. I direct that the draftspersons re-
    draft clause 17 in accordance with the template adopted by the House.
    Clauses 18, 19 and 20 ordered to stand part of the Bill.
    Clause 21 -- Sources of money of the Agency
    Mr Panford 7:08 p.m.
    Mr Speaker, I beg to move add the following new paragraph: “(e) loans”.
    Mr Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, with respect, clause 20 establishes the internal audit unit in accordance with section 83. What is the internal audit unit supposed to do?
    Again, there are standard provisions but I am surprised that these things are so much bereft of these standard provisions that the internal auditor is responsible for - “it shall be headed by the general auditor”. So, he is responsible for the internal audit of the Agency. Those things are missing.
    Mr First Deputy Speaker 7:08 p.m.
    From clause 24 with the heading - Accounts and audit.
    Mr Kyei-Mensah-Bonsu 7:08 p.m.
    Mr Speaker, those are accounts and audit and again those are standard provisions. What the internal audit unit
    exists for, is not provided for in this. What I am saying is that there are standard provisions, just confer with the draftspersons to include those ones.
    We are saying that when we have established the internal audit unit, the Agency has so so and so and then the internal audit unit shall be headed by the internal auditor who shall be appointed in accordance with …”
    The next provision should be the Internal Auditor is responsible for the internal audit of the Agency and then other provisions that would follow after this are about two or three provisions. Mr Speaker, these are contained in all the --
    Mr Panford 7:18 p.m.
    Mr Speaker, I would lean upon what the Hon Majority Leader has prescribed and beg that the draftspersons should insert it.
    Mr First Deputy Speaker 7:18 p.m.
    Very well.
    In that case let us take clause 21 and then bring proceedings to a close so that you take advantage of the
    evening to realign and do all the insertions for us to continue tomorrow.
    Item numbered (xxii)?
    Mr Panford 7:18 p.m.
    Mr Speaker, I beg to move Clause 21 Add the following new paragraph:
    “loans”.
    Question put and amendment agreed to.
    Mr Kyei-Mensah-Bonsu 7:18 p.m.
    Mr Speaker, in respect of the provision on the Internal Audit that we just did, you can give the consequential directives, the standard provisions would then be incorporated.
    Mr First Deputy Speaker 7:18 p.m.
    Very well.
    Let me put the Question on the entire clause 21.
    Clause 21 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:18 p.m.
    I direct that the draftspersons include in this Bill, all the provisions relating to the functions of the Internal Audit Unit and other matters in that respect.
    Item numbered (xxiii)?
    Mr First Deputy Speaker 7:18 p.m.
    Would this be clause 21(2)?
    Mr Ahiafor 7:18 p.m.
    Mr Speaker, it is one of the regular provisions and it is being added not as a new paragraph but as a new Clause with a marginal note that reads “Borrowing powers”.
    Mr First Deputy Speaker 7:18 p.m.
    Very well.
    Question put and amendment agreed to.
    The New Clause ordered to stand part of the Bill.
    Clauses 22 and 23 ordered to stand part of the Bill.
    Clause 24 -- Accounts and Audit
    Mr Ahiafor 7:18 p.m.
    Mr Speaker, although there is no advertised amendment, we have been using the constitutional language in article 187 to read ‘The Board shall keep the books of accounts, records, returns and other documents relevant to the accounts in the form approved by the Auditor-General'.

    Mr Speaker, he should listen to the rendition that I read and compare if it is the same as what is in the Bill.
    Mr First Deputy Speaker 7:18 p.m.
    Hon Member, your point is well made.
    I would put the Question and direct the draftspersons to realign it.
    Question put and amendment agreed to.
    I would now direct that draftspersons --
    Mr Kyei-Mensah-Bonsu 7:18 p.m.
    Mr Speaker, just as Hon Ahiafor related to the construct contained in the Constitution in respect of clause subclause (1), subclause (2) also takes it cue from the Constitution. Subclause (2) should then read ‘The Board shall submit the accounts of the Agency to the Auditor-General for audit at the end of each financial year'.
    Mr First Deputy Speaker 7:18 p.m.
    I direct that the draftspersons redraft Clause 24 to reflect the language of the Constitution.
    Clause 25 to 30 ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:18 p.m.
    Item numbered (xxiv)?
    Mr Panford 7:18 p.m.
    Mr Speaker, I beg to move clause 31 delete
    Question put and amendment agreed to.
    Clause 32 -- Regulations
    Mr Panford 7:18 p.m.
    Mr Speaker, I beg to move, clause 32, paragraph (a), delete “review” and insert “prescribe”.
    Mr Ahiafor 7:28 p.m.
    Mr Speaker, I would want to find from the Hon Chairman the rationale behind changing “review” to “prescribe”.
    Mr First Deputy Speaker 7:28 p.m.
    Yes, Hon Chairman?
    Mr Panford 7:28 p.m.
    Mr Speaker, the rationale behind that is --
    Mr First Deputy Speaker 7:28 p.m.
    He wanted the rationale for changing “review” to “prescribe”. And what was your answer?
    Mr Panford 7:28 p.m.
    Mr Speaker, this is the rendition that has been used in this House as the appropriate rendition.
    Mr First Deputy Speaker 7:28 p.m.
    You are starting, and so you prescribe. You review if there is an existing one.
    Mr Ahiafor 7:28 p.m.
    Mr Speaker, I realised that because of the deletion of clause 31, they want the Regulation to now prescribe the threshold. If clause 31 was there, it means that the threshold prescribed by clause 31 must be reviewed by way of Regulation.
    But Mr Speaker, that notwithstanding, we have a regular rendition to which we normally give a
    Mr First Deputy Speaker 7:28 p.m.
    Hon Chairman, he says you must give a time limit within which a Minister must provide the Regulation.
    Mr Panford 7:28 p.m.
    Mr Speaker, I would want to agree with the Hon Member for the draftspersons to take care of it.
    Mr First Deputy Speaker 7:28 p.m.
    Very well.
    Let us proceed with the amendment proposed to clause 32.
    Mr Panford 7:28 p.m.
    Mr Speaker, I beg to move, clause 32, paragraph (c), after “effective”, insert “and efficient”.
    It would then read:”
    “(c) provide generally for the effective and efficient implementation of this Act.”
    Mr First Deputy Speaker 7:28 p.m.
    Yes, Hon Member for Akatsi South?
    Mr Ahiafor 7:28 p.m.
    Mr Speaker, I am in support of the amendment. It is a constitutional language.
    Question put and amendment agreed to.
    Clause 32 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:28 p.m.
    Now, I direct the draftspersons to insert a time period within which the Minister shall introduce the legislative instrument using the template already adopted by the House.
    Clause 33 -- Interpretations
    Mr Panford 7:28 p.m.
    Mr Speaker, I beg to move, interpretation of “Executive Director”, delete “Executive Director” and insert “Chief Executive Officer”.
    Mr Speaker, this is also a consequential amendment replacing “Executive Director” with “Chief Executive Officer”.
    Mr First Deputy Speaker 7:28 p.m.
    Very well. So this is overreached.
    Mr Panford 7:28 p.m.
    Mr Speaker, I beg to move, clause 33, interpretation of “medium enterprise”, delete.
    Question put and amendment agreed to.
    Mr Panford 7:28 p.m.
    Mr Speaker, I beg to move, clause 33, interpretation of “micro enterprise”, delete.
    Question put and amendment agreed to.
    Mr First Deputy Speaker 7:28 p.m.
    Yes, Hon Majority Leader, you were shaking your head.
    Mr Kyei-Mensah-Bonsu 7:28 p.m.
    Mr Speaker, yes.

    Mr Speaker, I am saying so because this whole Bill is about bringing sanity into the affairs of micro, small, and medium enterprises. Right from section 2, the focus of this law is micro, small, medium enterprises, and we have moved by that. I agree that

    having deleted section 31, we still must relate these enterprises to something. We cannot just delete it and be operating in the vacuum. So we should relate the Bill to something.

    I do not know whether we would relate it to something like “as contained in the Regulations” or whatever. Something should be there. We cannot delete it in the entirety.
    Mr Panford 7:28 p.m.
    Mr Speaker, I agree with my Leader. We would relate it up to the definitions as prescribed in the Regulations.
    Mr First Deputy Speaker 7:28 p.m.
    When you prescribe it for me, I would put the Question. Otherwise, we can suspend these last two amendments, reformulate them and come back. Or if you formulate it now, I would put the Question on it.
    Let me see something here. Medium enterprise means an enterprise with the threshold specified in paragraph (c). But you can suggest that medium enterprise means an enterprise as provided for or prescribed in the Regulations. But that is anticipation since we do not have any Regulation.
    Mr Panford 7:28 p.m.
    Mr Speaker, I would humbly want us to step this one down and come back maybe tomorrow with a proper rendition.
    Mr First Deputy Speaker 7:28 p.m.
    Very well. We managed to finish your work. This is just the last one. This is the last bit. It would not kill us if we do that tomorrow.
    So we can do clause 34 -- repeals.
    Clause 34 ordered to stand part of the Bill.
    Clause 35--Transitional provisions
    Mr Kyei-Mensah-Bonsu 7:38 p.m.
    Mr Speaker, it is as if there is something missing with the transitional provisions. Moneys that are held on behalf of the two institutions, not necessarily in their account but they are held on behalf of them. They may have to be transferred to the Agency that we are creating.
    Again, if the Table Officers would apply themselves to what we have been doing lately so that they properly capture same in clause 35. I think it should be --
    Mr First Deputy Speaker 7:38 p.m.
    There is something here in 35(4): “Any moneys held in a bank account…”
    Mr Kyei-Mensah-Bonsu 7:38 p.m.
    Mr Speaker, it is incomplete so we find a full complement of that.
    Mr First Deputy Speaker 7:38 p.m.
    Very well. I would give the appropriate directions.
    Clause 35 ordered to stand part of the Bill.
    Mr First Deputy Speaker 7:38 p.m.
    Now, I direct the draftspersons to redraft clause 35 in accordance with the templates already adopted by the House.
    That brings us to the end of the Consideration Stage of the Ghana Enterprises Agency Bill, 2020 for today.
    ADJOURNMENT 7:38 p.m.
  • The House was adjourned at 7.40 p.m. till Tuesday, 3rd November, 2020 at 10.00 a.m.