Debates of 3 Nov 2020

MR SPEAKER
PRAYERS 10:22 p.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:22 p.m.
Mr Speaker 10:22 p.m.
Hon Members, correction of the Votes and Proceedings of 2nd November, 2020.
Mr Speaker 10:22 p.m.
Hon Members, we have the Official Report of Friday, 23rd October, 2020 for correction.
Mr Speaker 10:22 p.m.
At the commencement of Public Business, item numbered 4.
Hon Minister for Finance? Hon Majority Leader, you are also a Minister and you may, in one of your capacities, lay it.
Mr Kyei-Mensah-Bonsu 10:22 p.m.
Mr Speaker, if you would indulge me, I would want to present these Papers on behalf of the Minister for Finance.
PAPERS 10:22 p.m.
Mr Speaker 10:22 p.m.
Item 4(b), by the Hon Minister for Energy.
Mr Kyei-Mensah-Bonsu 10:22 p.m.
Mr Speaker, again, I want to present the Paper on behalf of the Hon Minister for Energy in respect of item listed as 4(b).
Mr Speaker 10:22 p.m.
Very well.
Dr Assibey-Yeboah 10:32 a.m.
Mr Speaker, the Report on the Anti-Money Laundering Bill, 2020 is not ready. We can lay the second one.
Mr Speaker 10:32 a.m.
Very well, we may move on to item numbered (ii)
By the Chairman of the Committee --
(ii)Report of the Finance Committee on the Public Private Partnership Bill,
2020.
Mr Kyei-Mensah-Bonsu 10:32 a.m.
Mr Speaker, the Chairman of the Committee is not available, so we can stand it down and deal with item listed as 5.
MOTIONS 10:32 a.m.
Chairman of the Committee (Mr Kwame Asafu-Adjei) 10:32 a.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Food, Agriculture and Cocoa Affairs on the Budget Performance Report in Respect of the Ministry of Food and Agriculture for the Period from January to December, 2019.
Mr Speaker, in doing so, I present your Committee's Report.
1.0 Introduction
Mr Speaker, in accordance to Section 27(1) (2) of the Public Financial Management Act, 2016, (ACT 921), the Deputy Minister for Food and Agriculture Hon Dr Sagre
Bambangi on behalf of the Minister for Food and Agriculture, Hon Dr Owusu Afriyie Akoto, laid before the House, on Tuesday 21st July, 2020, the 2019 Budget Performance Report of the Ministry of Food and Agriculture.
Pursuant to Article 103 (3) of the 1992 Constitution of Ghana and Standing Orders 176, Mr Speaker referred the 2019 budget performance report to the Committee on Food, Agriculture and Cocoa Affairs for consideration and report.
2.0 Acknowledgement
The Committee met with officials from the Ministry of Food and Agriculture to deliberate on the 2019 budget performance report of the Ministry of Food and Agriculture.
The Committee is grateful to the following persons who in diverse ways assisted Members during the interrogation of the 2019 budget performance report:
1. The Minister of State for Food and Agriculture, Hon Nurah Gyiele
2. Directors and officials of the following departments and agencies:
i.Human Resource Development and Management Directorate;
ii.Crop Services Directorate;
iii.Ghana Irrigation Development Authority;
iv.Grains and Legumes Development Board;
v.Plant Protection and Regulatory Services Directorate;
vi.Women in Agricultural Development (WIAD);
vii.Veterinary Services Directorate ;
viii.Animal Production Directorate;
ix.Agricultural Extension Services Directorate;
x.Agricultural Engineering Services Directorate;
The Committee is grateful to the Minister of state, and the Officials of the Ministry for their insightful inputs and clarifications.
3.0 Reference Documents
The Committee made reference to the following documents during
rose
Mr Speaker 10:32 a.m.
Yes, Hon Minority Leader.
Mr Haruna Iddrisu (NDC -- Tamale South) 10:32 a.m.
Mr Speaker, thank you very much for the opportunity to contribute to the Motion.
Mr Speaker, in doing so, my concern and observation is that the Minister for Food and Agriculture is not in the Chamber, neither is any of the Deputies in the Chamber. Even in exercising our oversight duty, it is important that they hear us. So if we are considering the 2019 Budget Performance Report of the Ministry of Food and Agriculture and they are not here, I do not think that it serves the people of Ghana better or Parliament better.
Mr Speaker, however, I have few observations. First, we need to know what service the Agriculture Mechanisation Service Centres that were established are providing. I am told many of the equipment have
broken down and a lot of money was spent on that.
Mr Speaker, on Ghana Education Development Authority, we need to improve investment in that sector in order that we can guarantee all year round farming so that agriculture does not continue to depend on rain. I know that there is some ongoing work on Tamne, which was initiated around 2013 with some support from EDAIF. Mpruem was to be developed, but no progress has been made. No progress has been made in Amartey in the Eastern Region. Kpli and Nasia Libga in the Northern Region and then Paga Zaa and Sabare are also irrigation sites that need further development, so that we can take advantage to increase the local production of rice.
Mr Speaker, we still cannot pride ourselves as a country that is doing better. We are still spending a whopping US$400 million per annum on the importation of rice and even sugar. We should be looking at our own local production in order that we would have the needed foreign exchange stored for our purposes. I have seen the greenhouse development in Akumadan in the Ahafo Region.
Mr Speaker, in conclusion, my observation is that we are in the
Mr Speaker 10:32 a.m.
Yes, Hon Majority Leader?
Majority Leader (Mr Osei Kyei-Mensah-Bonsu) (MP) 10:42 a.m.
Mr Speaker, before us is the Report of the Committee on Food, Agriculture and Cocoa Affairs on the 2019 Budget Performance Report of the Ministry of Food and Agriculture. Mr Speaker, the information before us in my view, is not comprehensive enough. The Ministry targeted to perform certain functions, and also achieve certain set targets.
In the Report before us, for instance in bullet 6.1.1, it is indicated to us that the Ministry envisaged that they would target the enrolment of one million farmers and the registration of additional 500, 000 farmers on the biometric farmer database system.
Mr Speaker, what the Ministry set out to achieve is good. However, what were their achievements? It is good that they remind us of what they set out to do, but what really did they succeed in achieving? I thought that one - by-one, the Report would have explained to us what they set out to do, and indeed, what the achievements have been.
Apart from the other matters that they have related to, the issue on the warehouse -- [Interruption] the Report also tells us that out of the target of 900, 000 persons, 746, 000 were employed. This Report raises some inconsistencies. That is for bullet 9.2, but in bullet 6.1, they tell us that the Ministry envisaged that the Programme would target the enrolment of one million farmers.
When we come to bullet 9.2, they are saying to us that they targeted 900,000, when they had already told us that it was one million. So, if the
Committee had done the reconciliation, then perhaps, we would have been served better; it appears that there is a bit of inconsistency in the Report. What did they target? Was it one million or
900,000?
Mr Speaker, also, the Hon Minority Leader raised an issue. In 2018, they trained 212 tractor operators. Then with the maintenance of agriculture machinery, 62 men were involved. That was in 2018. In 2019, it was anticipated that training would continue, as more farm machinery would be introduced into the agricultural sector. The machinery equipment for land preparation, planting, harvesting and primary processing were to be used to revive the 168 existing agricultural servicing centres, as well as establish new ones. Two facilities worth US$216 million were also to be made available for import of farm machinery and equipment suitable for small holders in 2019.
Mr Speaker, therefore, when this is the target, and they are to report on 2019, they are required to report on these matters that are before us, even though they rehashed what the target was. In 2019, they should have
reported on what had been achieved in those areas. If for any reason some targets could not be achieved, then what were the reasons? Were they attributable to COVID-19 ? COVID-19 really began in 2020, so, we would have wanted to know what happened in 2019, which led to the non-achievement of the set targets.
That is what I was expecting from the Committee's own Report, but unfortunately, there were a few areas which they raised, which they could not comment on in reporting on the performance of the Ministry in 2019.
So, I just want to draw the attention, so that the next time that they are to report, they would fulfil these conditions. Targets were set in 2019, so, were they able to achieve them? If they were not able to achieve them, perhaps sometimes even the date of the Report, perhaps if we look at December, we may not even get the figures, even up to March of the ensuing year.
Therefore, what is the true state of affairs now, as we speak today? I would want to appeal to Committee Chairmen to follow through the chain of reportage, so that the House could be served better. Other than that, I think that the Report is not bad, but I
Mr Speaker 10:42 a.m.
Thank you very much, Hon Majority Leader.
Question put and Motion agreed to.
Mr Speaker 10:42 a.m.
Hon Members, we would move on to the Motion listed as 6. Yes, Hon Chairman?
MOTIONS 10:42 a.m.
Chairman of the Committee (Mr Kwame Asafu-Adjei) 10:42 a.m.
Mr Speaker, I beg to move , that this honourable House adopts the Report of the Committee on Food, Agriculture and Cocoa Affairs on the Budget Performance Report in Respect of the Ministry of Fisheries and Aquaculture Development for the period January to December, 2019.
Mr Speaker, in doing so, I beg to present your Committee's Report.
1.0 Introduction
In accordance with Section 27(1) (2) of the Public Financial Management Act, 2016, (ACT 921), the Hon. Minister responsible for Parliamentary Affairs, Hon. Osei Kyei-Mensah-Bonsu on behalf of the Minister for Fisheries and Aquaculture, Hon. Elizabeth Afoley Quaye on Tuesday, 2nd June, 2020, laid before the House, the 2019 Budget Performance Report of the Ministry of Fisheries and Aquaculture.
Pursuant to article 103 (3) of the 1992 Constitution of Ghana and Standing Orders 175, Mr. Speaker referred the laid 2019 budget performance report to the Committee on Environment, Science and Technology for consideration and report.
2.0 Acknowledgement
The Committee met with officials of the Ministry of Fisheries and Aquaculture to deliberate on the 2019 Budget Performance Report of the Ministry of Fisheries and Aquaculture and was assisted by the following persons:
1. The Minister for Fisheries and Aquaculture, Hon. Elizabeth Afoley Quaye
2. The Deputy Minister for Fisheries and Aquaculture, Hon. Francis Ato Codjoe
3. The Chief Director, Ms. Levina Owusu
4. The Director of Finance, Mr. Joseph d. Chognuru and other budget officers from the Ministry
The Committee is grateful to the Minister and all officers from the Ministry of Fisheries and Aquaculture Development for their insightful inputs and clarifications.
3.0 Reference Materials
In considering the 2019 budget performance report of the Ministry of Fisheries and Aquaculture Development, the Committee was guided by the following documents:
I. The 1992 Constitution of Ghana;
II. The Standing Orders of Parliament;
III.The Budget Statement and Economic Policy of the government of Ghana for 2019 Financial Year; and
IV.The Medium Term Expenditure Framework for 2019-2022 for the Ministry of Fisheries and Aquaculture Development
V. 2019 Budget performance report of the Ministry of Fisheries and Aquaculture Development
4.0 Mission Statement of the Ministry
The overall goal of the fisheries sector is to increase domestic fish production to offset import of fish and fish products and develop or transform the fisheries and aquaculture sector into a viable economic segment to contribute to national development.
4.1 Core Functions
The core functions of the Ministry of Fisheries and Aquaculture Development are as follows:
Formulate and implement sector development policies and strategies in line with the National Development Policy Framework
Facilitate Aquaculture Development to contribute to
Mr Speaker 10:42 a.m.
Thank you very much Hon Chairman.
Yes, Hon Yieleh Chireh?
Mr Joseph Yieleh Chireh (NDC -- Wa West) 10:52 a.m.
Mr Speaker, I beg to second the Motion. And to say that is very important that after every year, these Reports are brought for us to look at the performance of the various sectors as far as the Budget allocations are concerned and the outstanding issues involved.
Mr Speaker, I think that in the case of the Fisheries Ministry, the Report
is clear that they have not been able to do all the things that they wanted to do. But it is also important that in doing this, we should not lose the importance of these reviews. The Ministers, who about five in number, are not here. One is of them is in charge of Fisheries, and it is important that as we discuss them then, they know the areas that have been emphasised.
Mr Speaker, of course, the Committees recommendations do not go far enough; they just say that we should adopt the Report, but there should be outlined recommendations that should be followed and Parliament insists on those things such that the performance can assessed properly.
Mr Speaker, on this note, I second the Motion.
Mr Speaker 10:52 a.m.
Thank you very much, Hon Member.
Any comments from my right— very well, Hon Minority Leader?
Mr Haruna Iddrisu (NDC -- Tamale South) 10:52 a.m.
Mr Speaker, let me thank you for the opportunity to comment on the Motion and to speak in support of the Motion.
Mr Speaker, at least if for nothing, with the Public Financial Management
Act (PFMA), this has now become a major requirement for Ministries to report on their Budget performance and for Committees of Parliament to exercise appropriate oversight. But Mr Speaker, as has been observed, may I respectfully refer you to pages 5 and 6 of the Report: The Budget allocated was GH¢59.5 million, out of this, GH¢11.6 million was to come from the Government of Ghana and GH¢24million from donors.
And when we come to Wages and Salaries, we have GH¢10million so it means the amount that was released, was largely for compensation purposes. So, what did the Ministry actually do; what was their performance, would be contingent on how much Budgetary allocation was released to them.
Mr Speaker, they were to supply GH¢92,259,000.00 litres of premix fuel. The Committee fails to tell us whether this was supplied, and to whom and where? We need to know. And then, we were informed about the Fisheries Resources Management Programme; not much is said about it, we were just told that the sector continues with the construction of the phase I of the Fisheries College at Anomabu.
Mr Speaker 10:52 a.m.
Thank you very much, Hon Minority Leader.
Any concluding remarks for the Majority Side? I will put the Question.
Question put and Motion agreed to.
Mr Speaker 10:52 a.m.
And may I make a small variation upon the recommendation of the Majority Leader and go to the item listed as
10?
Hon Members, the item listed 10; Motion; Hon Chairman of Finance Committee?
MOTION 10:52 a.m.
Chairman of the Finance Committee (Dr Mark Assibey- Yeboah) 10:52 a.m.
Mr Speaker, I beg to move that notwithstanding the provisions of Standing Order 80(1) which requires that no motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the 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 (US$8,065,347.00 [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 may be moved today.
Mr Kwame Govern Agbodza (NDC -- Adaklu) 10:52 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Mr Speaker 10:52 a.m.
Hon Members, the substantive Motion listed as 11; Hon Chairman?
Request for Waiver of Import Duties, Import VAT, GETFund,
et cetera Amounting to US$8,065,347.00 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 & Conductors
Limited.
Dr Assibey-Yeboah 10:52 a.m.
Mr Speaker, I beg to move that this honourable House adopts the 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 (US$8,065,347.00 [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.
And in so doing, I present your Committee's Report: 1.0 Introduction
The request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL, EXIM Levy and 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 and Twenty-Five Cents (US$8,065,347.00 [made up of US$2,712,015.00 on imports and
MOTIONS 11:12 a.m.
Chairman of the Committee (Dr Mark Assibey- Yeboah) 11:12 a.m.
Mr Speaker, I beg to move that notwithstanding the provisions of Standing Order 80(1) which require that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the motion is given and the date on which the motion is moved, the motion for the adoption of the Report of the
Mr Anthony Effah 11:12 a.m.
Mr Speaker, I beg to second the Motion
Question put and Motion agreed to
Resolved accordingly.
The 2021 International Capital Market (ICM) Funding
Programme
Chairman of the Committee (Dr Mark Assibey-Yeboah) 11:12 a.m.
Mr
Speaker, I beg to move that this honourable House adopts the Report of the Finance Committee on the Request by the Government of the Republic of Ghana for 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 Reprofiling Domestic Debt and to Conduct Liability Management of Refinancing all or part of the 2023 Sovereign Bonds; with the option to increase the Sovereign Bonds by a further two billion United States Dollars (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 Reprofiling.
Mr Speaker, in so doing I present your Committee's Report.
1.0 Introduction
The request by the Government of the Republic of Ghana for 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 Reprofiling
Domestic Debt and to Conduct Liability Management of Refinancing all or part of the 2023 Eurobonds; with the option to increase the Sovereign Bonds by a further two billion United States Dollars (US$2,000,000,000.00) should market conditions prove favourable, for Liability Management of the 2026 and 2030 Eurobonds and a further Domestic Debt Reprofiling was laid in the House on Friday 30th October, 2020 by the Minister responsible for Finance.
Pursuant to Article 103 of the 1992 Constitution and Orders 169 and 171 of the Standing Orders of the House, the Request was referred to the Committee on Finance for Consideration and Report.
The Committee met and discussed the referral with the Minister for Finance, Hon. Ken Ofori-Atta and his Deputies Hon. Kwaku Kwarteng, Hon. Abena Osei-Asare and Hon. Charles Adu Boahen as well as the Chief Director and other officials from the Ministry of Finance. Also in attendance was the Controller and Accountant-General, Mr. Kwasi Kwaning-Bosompem.
The Committee is grateful to the Hon. Minister for Finance, the Hon. Deputy Ministers for Finance, the Chief Director and the other officials of the Ministry of Finance for attending upon the Committee. The Committee is equally grateful to the Controller and Accountant General for attending upon the Committee.
The Committee hereby submits this report to the House pursuant to Order
161(1).
2.0 References
The Committee referred to and was guided by the following documents inter alia during its deliberations on the Programme:
The 1992 Constitution of the Republic of Ghana.
The Standing Orders of the Parliament of Ghana.
The Public Financial Management Act, 2016 (Act 921). Projected Estimates of the Revenues and Expenditure of the Government of Ghana for the 2021 Financial Year.
3.0 Background
Mr Anthony Effah (NDC -- Asikuma/Odoben/Brakwa) 11:12 a.m.
Mr Speaker, I beg to second the Motion.
Mr Speaker, this request is consistent with the recently approved expenditure advance of Appropriation. It would be realised that the financing as component comes mainly from the successful issuance of the guarantees of the bonds and up to about GHS31 billion is provided in the expenditure in advance of Appropriation.
Mr Speaker, it was indicated in the Report that Cabinet had also looked at it and had given the approval for consideration by Parliament. The proceeds and utilisation has been mentioned by the Hon Chairman but one significant point about the utilisation is that the liability management bit of US$1.5 billion would not necessarily add directly to the debt stock because it would refinance maturing bills and also to take care of roll over risk and interest cost risk. While we look at US$3 billion, the possibility of going to US$5 billion -- the US$1.5 billion that would go into liability management
would not directly affect the debt stock.
Mr Speaker, timing of the issuance of the sovereign bond is very important to us because the Hon Minister for Finance has learnt from experience -- that is from the 2018 and 2019 issuances that during the first quarter of any year that is where the capital market has a lot of liquidity so they like to time the issuances to that time. This would also make funds available for the running of the budget that has been proposed.
Mr Speaker, investors have also changed their attitude. This is because of the dangers of COVID-19 and they are not too sure what is ahead, so we have tendered to look into safe securities and especially, even into gold because investors have speculated. So, an early approval of this programme would enable the Ministry of Finance get to the market, study the dynamics quickly and then decide when it is suitable to raise the funding. There is the idea that possibly, this would be done during the first quarter when the rates are likely to be attractive or at a least cost to the country.
Mr Speaker, with these few words, I thank you for the opportunity.
Minority Leader (Mr Haruna Iddrisu) 11:22 a.m.
Mr Speaker, I rise to speak in support of the Motion and to contribute and raise some concerns.
Mr Speaker, what do we want to approve? Is it US$3 billion or US$5 billion? By the Committee's Report, it means that the Government of Ghana would further borrow US$5 billion. This would necessarily and naturally add to our debt stock which has already positioned the country as a debt risk distressed country. The IMF has argued strongly that the annualised debt portfolio of Ghana, is GH¢297 billion.
It means that every Ghanaian, per capita, owes GH¢9,900. What the Minister for Finance needs to do -- He gives the figure of GH¢267 billion as at August, 2020, then, the IMF says that no, it is GH¢297 billion. It means that we would need to spend more on debt service than on infrastructure and spurring the private sector on to grow.
Mr Speaker, take, for instance, Free Senior High School, we probably need GH¢5 billion to GH¢ 10 billion, but for debt service for this period going forward would be GH¢ 24 billion into the year 2021. It means that whoever inherits the economy into
Dr Assibey-Yeboah 11:22 a.m.
Mr Speaker, the Hon Minority Leader is asking for details when we have not drawn up a budget for the 2021 fiscal year.
Mr Speaker, the new government in March, 2021 would present a budget to the country. Hopefully, all the details he is asking for would be in there. At this stage, we cannot provide details. Is he suggesting that the New Patriotic Party (NPP) has won the elections already and so we should present a budget? [Laughter] -- Is that what he is suggesting?
Is he suggesting that the election is a no-contest, so, we should come up with a budget? We can do so if that is the case.
Mr Haruna Iddrisu 11:22 a.m.
Mr Speaker, we have approved the vote on accounts. There is a request for Parliament to approve borrowing of up to US$5 billion. The breakdown of the first US$3 billion is a US$1.5 billion, to quote the Chairman, “for budget support to finance growth oriented expenditure in 2021”.
Mr Speaker, why did they not wait till post-election? They put it in their Report. We are asking that, for the purpose of exercising oversight, what is this US$1.5 billion to be spent on? They are now coming to ask for our
approval to borrow. In the item numbered (b), they have done well by stating that the US$1.5 billion is for re-profiling domestic debts.
Mr Speaker, this is even more worrying. In the Report by the Chairman of the Committee, may I respectfully refer the House to paragraph 4.4; Significant risk in domestic debt option. Government finds it more convenient to go to the international market than to borrow within the domestic market. I know where the limitations are but listen to what the Committee said:
“The Committee was informed that despite the improvement in the cost and risk matrix of the debt portfolio, there are significant risk in the domestic debt service cost.”
Mr Speaker, I am demanding an explanation -- [Interruption] -- Then they would blame it on COVID- 19. So, for borrowing, governments would borrow and I have read the Report of the World Bank and IMF Spring Meeting. They have encouraged governments to borrow responsibly to reignite the economies to deal with the economic impact of COVID-19, to create jobs and to spur the private sector on, so, I am not against borrowing but I am for a
-- 11:22 a.m.
Dr Anthony Akoto Osei 11:22 a.m.
Mr Speaker, my good friend said, it would add to Ghana's debt and I was trying to tell him that not necessarily. Let me give him an example. Go to page 6 of 9, the second thing he said on the liability management on page 8, paragraph 4.6, he said, US$1.5 billion for re-profiling domestic debt and to conduct liability management. I give him an explanation as to why it would not increase the debt.
If he goes to page 6 of 9, he would see that in 2022 and 2023, certain amounts of debt are there. What we are going to do is we would use some of it to wipe off the US$253 million and the US$48 million. So, we are replacing a much expensive debt with a cheaper one so that we can make a saving. It does not necessarily increase the debt. In fact, the whole idea is to re-profile such that we end
up saving money for Ghana. That is why we said if market conditions are alright.
Mr Speaker, he should look at the cost on the 2030 debt that they borrowed. It was at 10.75 per cent. The whole idea is to borrow cheaper, may be, eight per cent or less to be able to pay off the debt so that there would be less debt, if you want.
Mr Speaker, I just gave him an example that, they borrowed in 2015 and paid 10.75 per cent interest. So, what the Hon Minister for Finance is saying is that if he could go and borrow at seven per cent and pay off what they borrowed at 10.75 per cent, he would be saving three per cent interest on our debt. That is what is meant by liability management. So, we are helping Ghana have a lesser debt only if market conditions allow. That is all they are trying to do. They are not saying that give us permission to borrow US$5 billion. If the market conditions allow and the interest rate is low, then, it makes sense --
Mr Speaker, no, I am giving him information. [Interruption] -- He does not need the information? [Laughter]
Mr Speaker, the Hon Minority Leader sometimes says that I am his teacher. I am volunteering to give him free information, he says he does not
want it. It is all right; next time he comes, he would see --
Mr Speaker 11:22 a.m.
Hon Member, please, proceed.
Mr Iddrisu 11:32 p.m.
Mr Speaker, I beg to support the Motion. I would like to remind the Hon Minister for Monitoring and Evaluation that I have listened to his words carefully -- ‘not necessarily' but it will add up to debt and I stand by my argument. That is why he chose his words carefully by saying ‘not necessarily' and it will add up to debt, Government is borrowing - even how we service the debt depending on the same market conditions which he cannot determine presently.
Mr Speaker, thank you.
Mr Speaker 11:32 p.m.
Thank you very much. Any views from the Majority Side? Yes, Hon Minister?
Mr Charles Adu Boahen 11:32 p.m.
Mr Speaker, with respect to the request to borrow up to 5 billion in Eurobonds, it is important that we are clear that of this amount, only 1.5 billion is to be used for budgetary purposes. The other 3.5 billion is
strictly for liability management and debt re-profiling.
Mr Speaker, this has become quite urgent due to a couple of factors that we have seen recently, one of them being the COVID-19 pandemic which has forced us to increase our expenditure significantly which have primarily been financed by domestic borrowing.
Currently, average interest rates on our medium to long term domestic borrowing, is in excess of 18 per cent. The overall average rate on our domestic debt is about 16 per cent but the longer term paper is 18 to 20 per cent.
Mr Speaker, if we compare this with the foreign external borrowing, where we managed to borrow even 30 year paper at under eight and a half per cent, we see that there is quite a significant difference between our cost of borrowing domestically and internationally.
Between the end of the year 2016 and now, our domestic debt has increased by about GH¢76 billion. Of this amount, only about half went into the budget, the remainder was used to clean up some of the issues we Inherited; specifically the banking sector bailout which we spent in excess of GH¢20 billion, the energy
Mr Speaker 11:32 p.m.
Thank you very much, Hon Minister.
Question put and Motion agreed to.
Mr Speaker 11:32 p.m.
Now, Hon Deputy Minister, the Resolution captured as item numbered 9.
RESOLUTIONS 11:32 p.m.
THIS HONOURABLE 11:32 p.m.
HOUSE HEREBY RESOLVE 11:32 p.m.
Mr Iddrisu 11:32 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 11:32 p.m.
Hon Members, I would want to make a little variation here, we will move to the Order Paper Addendum and we have presentation and First Reading of Bills -- Cyber Security Bill, 2020 by the Hon Minister for Communications.
Mr Kyei-Mensah-Bonsu 11:32 p.m.
Mr Speaker, as you indicated, we apply
ourselves to the Order Paper Addendum and deal with the item -- The Hon Minister is not yet with us but the Hon Deputy Minister for Communications is here so he would do what is required to be done by the Hon Minister for Communications. Firstly, he would apply to withdraw the Bill that came before us on 26th October, 2020 and re-lay it. So, he would apply himself and do that.
Mr Speaker 11:42 a.m.
Hon Deputy Minister --
Hon Minister for Communications, you are most welcome. We are at the Presentation and First Reading of Bills -- Cyber Security Bill, 2020.
Minister for Communications (Mrs Ursula G. Owusu-Ekuful) 11:42 a.m.
Mr Speaker, I come under Standing Order 130(4) and respectfully beg to withdraw the Cyber Security Bill, 2020 that was laid on 26th October,
2020.
Mr Speaker 11:42 a.m.
Very well.
Bill withdrawn accordingly.
Hon Minister, are you replacing it with another Bill?
Mrs Owusu-Ekuful 11:42 a.m.
Mr Speaker, a new Bill would immediately replace the one that has been withdrawn and
copies have been made available to the Table Office.
Mr Speaker 11:42 a.m.
Very well.
Hon Minister, you may now present the First Reading of the Cyber Security Bill, 2020.
BILLS -- FIRST READING 11:42 a.m.
Mr Speaker 11:42 a.m.
The leadership of the Committee on Defence and Interior would join the Committee on Communications accordingly.
Mr Kyei-Mensah-Bonsu 11:42 a.m.
Mr Speaker, I believe we can take item numbered 21 on the original Order Paper.
BILLS -- CONSIDERATION 11:52 a.m.
STAGE 11:52 a.m.
Mr Speaker 11:52 a.m.
Hon Chairman, item numbered (i) - clause 33, continuation of the debate.
Mr Ato Panford 11:52 a.m.
Mr Speaker, I beg to move, clause 33, interpretation of “medium enterprise”, delete and insert the following:
“‘medium enterprise' means an enterprise with a structure and threshold determined by Regulations made under this Act;”
Question put and amendment agreed to.
Mr Speaker 11:52 a.m.
There is a further listed amendment to clause 33. Hon Chairman of the Committee?
Mr Panford 11:52 a.m.
Mr Speaker, I beg to move, clause 33, interpretation of “micro enterprise”, delete and insert the following:
“‘micro enterprise' means an enterprise with a threshold determined by Regulations made under this Act;”
Question put and amendment agreed to.
Mr Panford 11:52 a.m.
Mr Speaker, I beg to move, clause 33, interpretation of “small enterprise”, delete and insert the following:
“‘medium enterprise' means an enterprise with a structure and threshold determined by Regulations made under this Act;”
Mr Speaker 11:52 a.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:52 a.m.
Mr Speaker, just so that you get it right. The amendment moved by my Hon Colleague is that in respect of item numbered (iii), we should delete “small enterprise” and insert the provision provided.
Unfortunately, it begins with “‘medium enterprise' means …” It
rather should read: “‘Small enterprise' means …”
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 11:57 a.m.
Very well.
So the text of the proposed amendment is corrected.
Mr Kyei-Mensah-Bonsu Yes, it is corrected. So it should read
“‘Small enterprise' means an enterprise with the structure and threshold determined by the Regulations made under this Act.”
Mr Chireh 11:57 a.m.
Mr Speaker, I see the amendment is subjecting its own definition to Regulations. However, my view is that, you must set the parameters in the Bill itself, and for the Regulations to change them as it is due.
In the Bill itself, it was defined to in terms of equivalence of Ghana Cedis in United State Dollars, which is the threshold for each of them. If we say it should be by Regulations, what it would mean is that, as soon as we pass this law, they must bring a Regulations immediately, which we
have been saying even when we put a timeframe of within one year, everybody says it is not practicable. Then we pass a law, and it cannot be operationalised.
But in many cases, we need to indicate a starting point. As and when it is necessary, we then bring Regulations, but from the word go, it is the Regulations that is going to decide this. I think it is very bad.
Mr First Deputy Speaker 11:57 a.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 11:57 a.m.
Mr Speaker, respectfully, yesterday, my Hon Colleague exited when we were dealing with this. We addressed the issue he is raising now yesterday. We both confronted them and dealt with it.
The threshold had been set in the Bill. We felt that was inappropriate. When we were dealing with the principles, we were served with some information. The Private Enterprises Foundation described the size of these enterprises in terms of their structure. We need to combine both structure and threshold. The European Union (EU) combined both structure and threshold, and we felt that was better.
However, given our own circumstances, we cannot set it in

foreign currency. If we did so our own local currency too, over a limited period, it might become difficult for us. It might mean that, in every perineal, we have to review it. That is why when we got to clause 32, we said “The Minister may, on the advice of the Board by legislative instrument, make Regulations to set and periodically review the thresholds for micro, small and medium enterprise. So this is what would be done.

Then we also considered the structure; what should be the number of people involved, maybe, five people, ten people or twenty people, then the threshold would also take in.

It is a combination of the two. And so the Hon Member's concerns which I share with him has been addressed by what we did yesterday.

Question put and amendment agreed to.

Clause 33 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 11:57 a.m.
We did clause 34 yesterday, and so we would move to clause 35.
Yes, Hon Minority Leader?
Mr Iddrisu 12:02 p.m.
Mr Speaker, on
clause 32, I did not have the opportunity to be here.
But if I had your indulgence, just the opening words, is it not supposed to be “The Minister may on the advice of the Board, and by legislative instrument …”

But if I had your indulgence, just the opening words, is it not supposed to be “The Minister may on the advice of the Board, and by legislative instrument.”? Mr Speaker, with (b), “prescribe and provide incentives” or the “prescribe” is enough.

Mr Speaker, I am told that the sponsors are fine with it.

Thank you, Mr Speaker.

Clause 35 -- Transitional provisions
Mr Panford 12:02 p.m.
Mr Speaker, I beg to move, subclause (4), delete “in a bank account” and insert “by or on behalf”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr Speaker, I was just talking to myself. I do not know whether the one month that we have given ourselves or given to these existing Commissions is enough for them to transfer every asset
and liability to the new Agency. I think the one that we did last week, we gave them up to six months. To me, one month is too short a time. So maybe up to three months or something, but one month is too short. So “within three months”.
Mr First Deputy Speaker 12:02 p.m.
So Hon Majority Leader, you can propose a change.
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr Speaker, the closing phrase should read: “… shall be transferred to the Agency established under this Act within three months of the coming into force of this Act.” So we delete “one month” and insert “three months”.
Question put and amendment agreed to.
Clause 35 as amended ordered to stand part of the Bill.
Long title ordered to stand part of the Bill.
Mr First Deputy Speaker 12:02 p.m.
That brings us to the end of the Consideration Stage of the Ghana Enterprises Agency Bill, 2020.
Hon Majority Leader, what next?
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr
Speaker, respectfully, if we can move the Motion listed as item 22.
Mr First Deputy Speaker 12:02 p.m.
Item numbered 22, Motion, by the Hon Minister for Trade and Industry.
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr Speaker, I wish to apply for the Hon Minister for Monitoring and Evaluation to do so on behalf of the Minister for Trade and Industry.
Mr First Deputy Speaker 12:02 p.m.
Very well.
Suspension of Standing Order 131(1)
Minister for Monitoring and Evaluation (Dr Anthony A. Osei) (MP) 12:02 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which require that when a Bill has passed through the Consideration Stage, the third reading thereof shall not be taken until at least twenty-four hours have elapsed, the motion for the third reading of the Ghana Enterprises Agency Bill, 2020 may be moved today.
Minority Leader (Mr Haruna Iddrisu) 12:02 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Mr First Deputy Speaker 12:02 p.m.
Item numbered 23, Motion.
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr Speaker, the Hon Deputy Minister for Trade and Industry has eventually arrived in the House and is with us so he could move the substantive Motion captured as item numbered 23 on behalf of the Hon Minister for Trade and Industry.
Dr A. A. Osei 12:02 p.m.
Mr Speaker, what Motion did the Hon Minority Leader second?
The Hon Deputy Minister said “I beg that the Ghana Enterprises Agency Bill, 2020 be read for the third time. There is no “for” in the Motion. So he seconded the wrong Motion.
Mr First Deputy Speaker 12:02 p.m.
The Motion is quite well-known in this House so it is recognised.
Mr Kyei-Mensah-Bonsu 12:02 p.m.
Mr Speaker, now that the Hon Minister for Monitoring and Evaluation is monitoring and he moved the procedural Motion in respect of the item listed as 22, if he wants to be taking it out, I would suggest to him that the Motion for the Third reading of a Bill does not require for anybody to second it. [Laughter].
Mr Speaker, we can now do item numbered 13 on page 9 of the Order Paper, and if it pleases you, to plead that the Hon Minister for Monitoring and Evaluation stands in for the Hon Minister for Aviation to move the Motion captured as item numbered
13.
Mr First Deputy Speaker 12:02 p.m.
Yes, Hon Minister?
BILLS -- THIRD READING 12:12 p.m.
Mr Kyei-Mensah-Bonsu 12:12 p.m.
Mr Speaker, the Hon Attorney-General and Minister for Justice has given indication that she would be with us in 30 minutes. I thought that we would go through the others and I said to her that she could be with us at 12.30 p.m. We finished ahead of the time, and so, it may appear that we cannot go on until she comes in.
Respectfully, I may plead that we take a suspension for about 20 minutes and come back at 12.30 p.m. In fact, if we spend about one hour, we should be able to finish with the Consideration of the Plant Variety Protection Bill, 2020 and then go to other Businesses. So, I would plead that we take a suspension and resume at 12.30 p.m.
Mr Iddrisu 12:12 p.m.
Mr Speaker, I can only comply for this purpose if we want to suspend Sitting. I have told the Hon Minority Leader that when it comes to Bills, he should encourage the Hon Ministers to be here -- [Interruption]. I do, but I am not talking in respect of the Attorney-
General and minister for Justice. There are Bills that we have taken through, but the whole of this period we have not seen the Hon Minister in the Chamber.
Mr First Deputy Speaker 12:12 p.m.
Hon Members, Sitting is suspended until half past 12.00 p.m.
12.56 p.m -- Sitting suspended
1.07 p.m. -- Sitting resumed
Mr First Deputy Speaker 12:12 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 12:12 p.m.
Mr Speaker, we can now deal with the Plant Variety Protection Bill, 2020, item numbered 2020.
Mr First Deputy Speaker 12:12 p.m.
Hon Members, item numbered 20 -- Plant Variety Protection Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 12:12 p.m.
STAGE 12:12 p.m.
Chairman of the Committee (Mr Ben Abdallah Banda) 12:12 p.m.
Mr Speaker, I beg to move, clause 42, subclause (1), line 2, delete “as regards” and insert “in respect of”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:12 p.m.
Mr Speaker, line 3, delete “which” and insert “that”.
Plant Variety Protection Bill, 2020 - Consideration Stage
Question put and amendment agreed to.
Clause 42 as amended ordered to stand part of the Bill.
Clause 43 -- Plant Breeders Technical Committee
Mr Banda 12:12 p.m.
Mr Speaker, I beg to move, clause 43, subclause (1), opening phrase, lines 1 and 2, delete “a technical committee to be known as”
So it would read:
“There is established by this Act the Plant Breeders Technical Committee comprising of…”
Mr First Deputy Speaker 12:12 p.m.
Chairman, are you deleting “consisting of” and inserting “comprising”?
Mr Banda 12:12 p.m.
Mr Speaker, “consisting of” and “comprising of” are the same.
Mr First Deputy Speaker 12:12 p.m.
Hon Members, the new rendition would be:
“There is established by this Act the Plant Breeders Technical Committee consisting of the following members appointed by the Minister:”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 12:12 p.m.
Mr Speaker, I will pray the Chairman to reconstruct clause 43(1).
“There is established by this Act the Plant Breeders Technical Committee consisting of the following members”
If the members have to be appointed by the Minister, it should be at the concluding point, so that we avoid the situation where the Minister may think that he has to appoint the representatives of the faculties of agriculture in one of the public
universities nominated by the -- So, it should be at the conclusion. Just like the construct that we give when the President is appointing members of the committee. So, it goes to the closing that members shall be appointed by the Minister.
Mr Banda 12:12 p.m.
Mr Speaker, in fact, that is how we have been crafting it. We bring the appointment after the composition of the Committee.
Clause 43 would then be amended to read:
“There is established by this Act the Plant Breeders Technical Committee consisting of --
(a)The Registrar”
Immediately after paragraph (h), then we create a new subclause, which will then read:
“The members of the Plant Breeders Technical Committee shall be appointed by the Minister.”
Mr Speaker, that will be clause
43(2).
Mr First Deputy Speaker 12:12 p.m.
Hon Member, there is already a clause 43(2). They will create a new
subclause and then the draftspersons would appropriately place that.
So subclause (1) is now bereft of “consisting of the following members appointed by the Minister.”
Mr Banda 12:12 p.m.
Mr Speaker, just for the avoidance of doubt, I am deleting “…the following member appointed by the Minister” and I will leave the provision to end at “…consisting of…” and then we will list paragraphs (a), (b) et cetera.
Mr First Deputy Speaker 12:12 p.m.
Hon Member, let us finish clause 43(1) and then we will talk about the new one later. So clause 43(1) should read:
“There is established by this Act the Plant Breeders Technical Committee consisting of---”
Question put and amendment agreed to.
Mr Banda 1:17 p.m.
Mr Speaker, I beg to move, clause 43, subclause (1), paragraph (a), delete “who shall be an ex-officio member”

Question put and amendment agreed to.
Mr First Deputy Speaker 1:17 p.m.
Hon Members, we would move on to the item numbered (iv).
Mr Banda 1:17 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (c), line 1, delete “Directorate”.
Mr First Deputy Speaker 1:17 p.m.
If you delete the word “Directorate”, how would it read? Please read it minus the word “Directorate”.
Mr Banda 1:17 p.m.
Mr Speaker, it would read: “The Director of the Crops Services Directorate of the Ministry responsible for Agriculture.” It is repetitive, so, the phrase “the Directorate of” should be deleted.
Mr First Deputy Speaker 1:17 p.m.
So, the second “Directorate” is what we seek to delete. It reads: “The Director of the Directorate of Crops Services Directorate…” So, it is the second “Directorate” that we seek to delete; is that right?
Mr Banda 1:17 p.m.
Mr Speaker, we could either delete the first or the second one, but I would like to rather delete the first phrase, “Directorate of”. So, the provision would read: “The Director of the Crop Services Directorate of the…”
Mr Kyei-Mensah-Bonsu 1:17 p.m.
Mr Speaker, the name of that unit is “the Directorate of Crop Services”, not “Crop Services Directorate”. It should read “the Directorate of Crop Services of the Ministry responsible for Agriculture”. So, it is the second “Directorate” that ought to have been deleted. So, it should read:
“The Director of the Directorate of Crop Services of the Ministry responsible for Agriculture.”
Mr Banda 1:17 p.m.
Mr Speaker, we would take the rendition of the Hon
Majority Leader, so that it would read 1:17 p.m.
“The Director…” --
Mr First Deputy Speaker 1:17 p.m.
Is the Crop Services called the Division? Is it called the Directorate or a Division?
Mr Banda 1:17 p.m.
Mr Speaker, therefore, we would deal with the paragraph (c) to read: “The Director of the Directorate of Crops Services of the Ministry responsible for Agriculture.”
Question put and amendment agreed to.
Mr Banda 1:17 p.m.
Mr Speaker, I beg to move, subclause (3), paragraph (d), delete and insert the following: “advise the Registrar on a specific or general matter.”
Question put and amendment agreed to.
Mr Banda 1:17 p.m.
Mr Speaker, I beg to move, subclause (4), line 2, delete “its meetings” and insert “meetings of the Committee”.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:17 p.m.
Hon Chairman, now is the time for you to bring your new subclause about who would appoint the Technical Committee.
Mr Banda 1:17 p.m.
Mr Speaker, respectfully, we realised that under clause 43, we have the establishment of the Committee, then we have the functions of the Committee, all coming under the same clause. However, we would want to segregate the two by giving the functions of the Committee a separate clause. It should not be a subclause but a separate clause because that is a function, which is different from establishment as captured under clause 43 (1).
Mr Speaker, therefore, you can direct the draftpersons to appropriately situate clause 43 (3) under a different clause, but not a subclause. I so move.
Mr First Deputy Speaker 1:17 p.m.
Is it only for clause 43 (3) or for all after clause 43 (3)?
Mr Banda 1:17 p.m.
Mr Speaker, it would start from clause 43 (3), paragraphs (a), (b), (c), and then (d). Again, subclause (4) should also be part of it.
Mr First Deputy Speaker 1:17 p.m.
All right. So, clause 43 (3) and (4) should be isolated and given a different clause. Is that right?
Very well, I would put the Question on clause 43 first.
Question put and amendment agreed to.
Clause 43 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 1:17 p.m.
Hon Members, I direct that clause 43 (3) and (4) be isolated and made into a different clause. Is that right?
Mr Kyei-Mensah-Bonsu 1:17 p.m.
Mr Speaker, I suggest rather that subclauses (4), (5) and (6) should be migrated upwards to be part of clause 43. This is because we are now going to have a new clause 44, so to speak, in respect of the clause 43 (3) and to define the functions of the Technical Committee.
It would be captured under clause 43 (3). So, we would create a new section for clause 43 (3), which would perhaps become the new clause 44. I think that in that regard, the subclauses (4), (5), and (6) in the
Mr First Deputy Speaker 1:17 p.m.
Hon Members, I so direct.
Now, what about the appointment? We removed “to be appointed by the Minister” from here, and we propose to create a new one.
Mr Kyei-Mensah-Bonsu 1:27 p.m.
Mr Speaker, that would close clause 43 and so that, really, would be a new clause 43(2) because the members would be appointed by the Minister.
Mr Chireh 1:27 p.m.
Mr Speaker, I have not seen the advertisement for this but when we came to subclause 5, it was; “the Minister shall appoint a member of the Technical Committee as the Chairperson” instead of “designate”. It is the Minister who is making the appointment, so in subclause (5), instead of “designate”, it should be “appoint”.
Mr First Deputy Speaker 1:27 p.m.
In that case, can we not redesign it to capture what we are thinking of so that the Minister would appoint both the Chairman and members?
Mr Kyei-Mensah-Bonsu 1:27 p.m.
Mr Speaker, just as you said, it rather should read in subclause (5) that - they would be lifted up as I indicated, that:
“The Chairperson of the Technical Committee and other members shall be appointed by the Minister”.
Mr Speaker, just to have that new construct but they would be lifted up to be part of clause 43.
Question put and amendment agreed to.
Mr First Deputy Speaker 1:27 p.m.
Now, the draftspersons would re- arrange and add clause 43, subclause (5) to clause 43.
Clause 44 -- Tenure of office of members of the Technical Committee.
Mr Banda 1:27 p.m.
Mr Speaker, I beg to move, clause 44, subclause (1), line 2, delete “member's office” and insert “office of the member”
Question put and amendment agreed to.
Mr Banda 1:27 p.m.
Mr Speaker, I beg to move, clause 44, subclause (3), line 1, delete “Board” and insert “Technical Committee”
So, it would read:
“A member of the Technical Committee may, at any time resign from office in writing addressed to the Minister”
Question put and amendment agreed to.
Mr First Deputy Speaker 1:27 p.m.
Hon Members, the item listed as (ix)?
Mr Alexander Kwamena Afenyo-Markin 1:27 p.m.
Mr Speaker, I sought his leave to crave —
Mr First Deputy Speaker 1:27 p.m.
He cannot give you leave.
Mr Afenyo-Markin 1:27 p.m.
Mr Speaker, I thought that since we have a chairperson for the Committee, a resignation by a member, in my view, should be addressed to the Chairperson instead of going to the Minister. It is the Chairman's resignation that I think would be appropriately situate in same being said to the Minister.
If the Chairman could consider that a resignation of a member be addressed to the Chairperson of the Technical Committee because the
Technical Committee -- [Interruption]-- Mr Speaker, I agree with the position that generally, the appointing authority is the one who receives such communications. But there are also situations where we create structures that would recognise the fact that a resignation of -- [Interruption]--
Mr Speaker, we are making laws and when we want to create a situation for convenience, we are at liberty to do so.
Mr First Deputy Speaker 1:27 p.m.
Hon Member, if you are not certain of what you want to argue, then let us continue.
Mr Afenyo-Markin 1:27 p.m.
Mr Speaker, I am very certain.
Mr First Deputy Speaker 1:27 p.m.
You are on your feet but you are not talking.
Mr Afenyo-Markin 1:27 p.m.
Mr Speaker, my surroundings —
Mr First Deputy Speaker 1:27 p.m.
I am the one you are addressing; I am looking at you straight in the face and listening but you are permitting yourself to be harassed and intimidated.
Mr Afenyo-Markin 1:27 p.m.
Mr Speaker, it means you recognise that I am under some —
Mr First Deputy Speaker 1:27 p.m.
Permitting yourself to be distracted. If you were addressing me instead of being distracted, you would be using my time more judiciously.
Mr Afenyo-Markin 1:27 p.m.
Mr Speaker, I agree that it is the Minister who does the appointment, but he does so on behalf of the President. His mandate emanates from the President who appoints him. If we are not saying that a member resigning should address his resignation to the President, and we want to suggest that it should be addressed to the Minister, then, it would not be out of place to suggest that when it comes to a member of the Committee resigning, same should be addressed to the Chair.
Well, if the Chairman of the Committee resigns, the superior after the Chair is the Minister or any supervising authority, therefore, I would suggest that for a member resigning, he should address his resignation to the Chair of the Committee. Mr Speaker, the Chair of the Committee would, in that circumstance, do what is appropriate.
Mr Speaker, in our organisational setting, you would have a junior officer communicating to the Managing Director; he does not copy his immediate boss, he does it through the immediate boss. That is what we know. I would like to strongly emphasise that it would be appropriate for a member to address his resignation to the Chairperson of the Committee. As to whether this would be carried, I leave that to the plenary.
Mr Banda 1:37 p.m.
Mr Speaker, I believe that this provision is new; this is how we crafted it and it is not out of order especially so where the person who appointed the member who is resigning is the Minister.

So the person who appoints has the power to dismiss. So, if a person is resigning, then it is appropriate and proper that the person should submit his resignation letter to the appointing authority. Mr Speaker, so it is my prayer that we do not disturb the provision and leave it as it is.
Mr First Deputy Speaker 1:37 p.m.
Very well, let us proceed. We were on clause 44 (5) right? Is that what you moved Hon Chairman? Did you move item numbered (ix), subclause 5?
Mr Banda 1:37 p.m.
Mr Speaker, I am yet to move it. I beg to move, clause 44, subclause (5), closing phrase, at end, add “for the unexpired term”. It would read:
“(5) Where there is a vacancy…
the Minister shall appoint a person to fill the vacancy for the unexpired term.”
Mr Kyei-Mensah-Bonsu 1:37 p.m.
Mr Speaker, I would like to remind the Hon Chairman that it is not everybody there who is appointed directly by the Minister, so we should add the phrase, “shall appoint the person in accordance with this Act to fill the vacancy”.
Question put and amendment agreed to.
Clause 44 as amended ordered to stand part of the Bill.
Clause 45 -- Meetings of members of the Technical Committee
Mr Banda 1:37 p.m.
Mr Speaker, I beg to move, clause 45, delete and insert the following:
“(1)The Technical Committee shall meet at least once every three months for the conduct
of business at a time and place determined by the chairperson.
(2)The quorum at a meeting of the Technical Committee is four members.
(3)The chairperson shall, at the request in writing of not less than one-third of the membership of the Technical Committee convene an extraordinary meeting of the Technical Committee at a time and place determined by the chairperson.
(4)The chairperson shall preside at meetings of the Technical Committee and in the absence of the chairperson a member of the Technical Committee elected by the members present from among their number shall preside.
(5)A matter before the Technical Committee shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
(6)The Technical Committee may co-opt a person to attend a meeting of the Technical Committee but that
Mr Chireh 1:37 p.m.
Mr Speaker, while supporting the Hon Chairman, if we look at subclause 3, the sentence starts with “The chairperson shall, at the request in writing of not less than one-third of the membership of the Technical Committee convene...” There should be another coma before “convene”, so you could direct the drafters to do the appropriate thing.
Mr Kyei-Mensah-Bonsu 1:37 p.m.
Mr Speaker, again, the quorum at a
meeting of the Technical Committee should be an odd number and not an even number as seen in subclause 2. An odd number is preferred because of the quality of votes. The quorate number should be five, so it would read: “The quorum at a meeting of the Technical Committee is five members.”
Mr First Deputy Speaker 1:37 p.m.
So, what is the agreed figure?
Mr Banda 1:37 p.m.
Mr Speaker, I support the Hon Majority Leader's proposition, that the quorum should be five .It is an eight member committee, so we do not want to maintain an even number.
Question put and amendment agreed to.
Clause 45 as amended ordered to stand part of the Bill.
Clause 46 -- Disclosure of interest
Mr Banda 1:37 p.m.
Mr Speaker, I beg to move, clause 46, delete and insert the following:
“(1)A member of the Technical Committee 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 the matter; and
(b)is disqualified from being present at or participating in the deliberations of the Technical Committee in respect of that matter.
(2)A member ceases to be a member of the Technical Committee, if that member has an interest in a matter before the Technical Committee and
(a)fails to disclose that interest, and
(b)is present at or participates in the deliberations of the Technical Committee in respect of that matter.
(3)Without limiting any further cause of action that may be instituted against a member, the Technical Committee shall recover the benefit derived by a member who contravenes subsection (1) in
addition to the revocation of the appointment of the member.
(4)A member of the Technical Committee who fails to disclose an interest in a matter for consideration by the Technical Committee is liable to pay compensation to the Technical Committee for any loss incurred.”
Mr Speaker, we have redrafted clause 46 in line with the template that the House has already adopted.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 1:37 p.m.
Mr Speaker, I have not really followed the amendment proposed for clause 45. Clause 45 (4) provides that the Chairperson shall preside at meetings of the Technical Committee and in the absence of the Chairperson, a member of the Technical Committee, elected by the members present from among their number shall preside.
Mr Speaker, because I have not really seen this, when we were considering the original clause 44, I said that clause 44 (6) should be relocated to clause 45. Now that it is there, it means that we should have deleted clause 43 (5) since it is a
Mr First Deputy Speaker 1:37 p.m.
Very well. The draftspersons are directed to ensure that only one of those two clauses appears in the Bill.
Clause 46 as amended ordered to stand part of the Bill.
Clause 47 ordered to stand part of the Bill.
Clause 48 -- Plant Variety Development Fund
Mr Kyei-Mensah-Bonsu 1:37 p.m.
Mr Speaker, respectfully, let me draw the Hon Chairman's attention to clause 46 (1) -- [Interruption] I just wanted to draw attention to it. But if it has been redone, then that is all right. I think that it is most appropriate. That is good.
Mr Banda 1:37 p.m.
Mr Speaker, I beg to move, clause 48, subclause (2), line 1, delete “object of the Fund is” and insert “objects of the Fund are”
Question put and amendment agreed to.
Mr Banda 1:47 p.m.
Mr Speaker, I beg to move, clause 48, subclause (3), opening phrase, line 1, delete “object” and insert “objects”
Question put and amendment agreed to
Clause 48 as amended ordered to stand part of the Bill.
Clause 49 -- Sources of moneys for the Fund
Mr Banda 1:47 p.m.
Mr Speaker, I beg to move, clause 49, paragraph (a), line 2, delete “relevant''.
Question put and amendment agreed to
Mr Banda 1:47 p.m.
Mr Speaker, I have a minor amendment to proffer to clause 49, paragraph (a), although it has not been advertised. The “registration'', should be “registrations''. Accordingly, I beg to move, clause 49, paragraph (a), line 1, insert “s'' after “registration''.
Mr First Deputy Speaker 1:47 p.m.
I would direct the draftspersons to insert the “s'' after “registration''.
Mr Kyei-Mensah-Bonsu 1:47 p.m.
Mr Speaker, I remember we have been quibbling over this construction in clause 49. It provides that moneys
shall be approved by Parliament. Then in paragraph (d), it says that:
“any other moneys that are approved by the Minister responsible for Finance''
Mr Speaker, is it the case that we want to elevate the ministerial approval to the same level as the parliamentary approval? We took a position on this, so we should be consistent. I do not know whether we have smuggled it back. What distinction do we have between the parliamentary approval and the approval by the Hon Minister?
Mr Chireh 1:47 p.m.
Mr Speaker, on this matter, I wish the Hon Minister for Monitoring and Evaluation were present in the Chamber. We resolved the matter that the Hon Minister for Finance cannot on his own and give the approval. It must be through the approval of Parliament. However, the recent Bills that we dealt with in this House, included one that we wanted to insulate the operators and the authorities from direct influence by other people.
We retained the paragraph (d) that anybody who wanted to give support must pass it through the Ministry and the Hon Minister must agree. The Hon Minister cannot by himself approve
because he would necessarily have to bring it to Parliament. We talked about the Agencies that are sensitive and said that they should not be influenced by direct grants or moneys from other sources.
Mr Speaker, we have retained this in the Council of State Bill, 2020, and another Bill that was recently passed in this House, so that is why there is confusion. If we also clearly understand that the Hon Minister cannot on his own allocate money and that even if it is a grant to the Agency, it must be classified as part of the budget that has been approved.
So, when they say that the Hon Minister on his own should do this -- the clear understanding was that we still think that no matter what, the Hon Minister should insulate such Agencies from direct influence and therefore, he cannot also allocate money without bringing it into to Parliament.
That was why we reinstated it but of course, we always deleted it because everything would have been captured by paragraph (a) -- Parliament approving money for that Agency.
We should decide now because sometimes, the Hon Majority Leader forgets that we adjust and that the
Mr First Deputy Speaker 1:47 p.m.
So, what is the agreed position?
Mr Kyei-Mensah-Bonsu 1:47 p.m.
Mr Speaker, for the purpose of this Bill, we may allow it. However, we should as a House take a decision on this, so that we are clear in our minds going forward what appropriate construct to give the sources of moneys to any establishment, especially, the sensitive ones.
With this one for instance, on account of what the Hon Member for Wa West has proposed, we may perhaps allow for that but there should be a general principle; the Hon Minister for Finance cannot be elevated to a level of Parliament to approve moneys to any establishment. We should take a decision on that. But for this purpose however , we may allow it.
Alhaji I.A.B. Fuseini 1:47 p.m.
Mr Speaker, obviously, what the Hon Majority Leader said is right. We should make a distinction between State institutions that are likely to be
tempted with moneys that could be granted them directly, which would require the intervention of the Hon Minister for Finance to approve and to take responsibility for that approval and State institutions that do not require this provision at all. This provision has been in our laws since the Heavily Indebted Poor Countries' (HIPC) days.
Mr Speaker, it would be recalled that in HIPC allocations, the Hon Minister did not have to come Parliament, so this provision found itself inserted in laws that were made during that time. However, now that we are not in HIPC, it is about time that we considered which State institution should have this provision in its laws as a source of funding.
I agree that this matter requires protection.We should not allow plant breeders to influence the Authority in the grant of a right. Anybody who wants to give a gift to the Authority should pass it through the Hon Minister for the Hon Minister's approval so that he could take responsibility for that approval.
Mr First Deputy Speaker 1:47 p.m.
So, the clause should stay. Is that right?
Mr Banda 1:47 p.m.
Yes, Mr Speaker.
Clause 49 as amended ordered to stand part of the Bill
Clause 50 ordered to stand part of the Bill
Clause 51 -- Accounts and audit
Mr Banda 1:47 p.m.
Mr Speaker, I beg to move, clause 51, delete and insert the following:
“(1)The Registrar shall keep books of accounts, records, returns and other documents relevant to the accounts in the form approved by the Auditor-General.
(2)The Registrar shall submit the accounts of the Fund to the Auditor- General for audit within three months after the end of the financial year.
(3)The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the Minister.
(4)The financial year of the Fund shall be the same as the financial year of Government.
Mr Kyei-Mensah-Bonsu 1:57 p.m.
Mr Speaker, in clause 51, the Registrar
submits the accounts of the Fund to the Auditor-General at the end of the financial year. So, within the “three months'' in subclause 2, is not part of the template. We insist that it should be at the end. Whatever administrative mechanism that they resort to, is none of our business. It is that, at the end of the financial year, he should submit the account.

Whatever administrative mechanism they resort to is none of our business. At the end of the financial year, they should submit the accounts for audit. So, delete “within three months” to read:

“The Registrar shall submit accounts of the funds to the Auditor-General for audit at the end of the financial year.”

That is how it should read.
Mr Banda 1:57 p.m.
Mr Speaker, I was trying to look through the Constitution. This is a constitutional language and we would want to make sure that it captures accurately what is in the Constitution. So, we would take what the Hon Majority Leader has proposed but in the meantime, I would look for the correct constitutional provision where that particular article is.
Mr Afenyo-Markin 1:57 p.m.
Mr Speaker, if we accept the further amendment which would do away with “within three months”, then we would create a problem for the subclause (3) which talks about six months after the end of the immediately preceding financial year.
Mr Speaker, the Auditor-General cannot audit until the final report has been submitted. An account must be prepared to enable the Auditor- General come in. Therefore, if we say that, at least, three months, then, we would want to trigger the essence of time that one cannot do it anytime.
If we say at the end of the financial year, then, we allow discretion and if it is even after five months and the Auditor-General is complaining, we would say that, well, there is no time limit. I think that we would want them to be efficient and work within time. We would not want a situation whereby the financial report would not be available and the Auditor-General would say that because of that he is unable to conduct the audit.
So, I would want to strongly submit that we leave the three months as it is and I have heard, though not for the records, the Hon Majority Leader say
that he has withdrawn his application. Mr Speaker, I get the impression that he is conceding.
Mr First Deputy Speaker 1:57 p.m.
Hon Member, if you are done, kindly resume your seat.
Alhaji I.A.B. Fuseini 1:57 p.m.
Mr Speaker, I support what the Hon Member for Effutu said. This argument has been made in this House. I remember the voice of the Hon Majority Leader ringing clearly and distinctly in my ears. He said the constitutional provision requires that the Auditor-General submits his report within six months after the end of the immediately preceding financial year.
But it did not give the department the time to submit records for auditing. For us to reconcile, we should give a cut off to that institution to complete its audit so that the Auditor-General can then have the records to do so and submit same to the House. This was an argument made in this House.
Mr Speaker, the constitutional provision is what is stated in clause 3 but for the Registrar to submit the accounts of the Fund to the Auditor- General for audit, there is no time limit in the Constitution, and that was when the amendment was introduced.
Now, if we are going back -- [Interruption] -- I am sure of what I am saying because this is not in the Bill. When we got to this place, we told the draftspersons that we have a template. They should pick the template and reproduce and that is the template. And this is the argument. Mr Speaker, now, if the Hon Majority Leader says he has changed his mind on this matter --[Interruption] It is true.
Mr Kyei-Mensah-Bonsu 1:57 p.m.
Mr Speaker, with respect to my Hon Colleague, there is a popular gospel music which says: “obi nyane me, se eye daye na mereso a” to wit, “somebody should wake me up, if indeed I am dreaming”. I am submitting strongly to my Hon Colleague that he is dreaming. [Laughter]
Mr Speaker, I have always been consistent on this that the Auditor- General has within six months to audit and submit his report to Parliament. If he now defines that the units have three months within which to submit their reports to the Auditor-General, then effectively, the Auditor-General would have three months within which to work whereas the language of the Constitution is that he operates within six months. So, it would be an unfortunate derogation from the space of time constitutionally afforded the Auditor-General. That has been

Can you say all right again to the microphone? [Interruption] -- So, Mr Speaker, that indeed has been my consistent position and all the Bills that we have been passing including what we did yesterday and Friday, we have been consistent in this. Do not attribute anything to me wrongfully. I have never agreed to this; this is not the template and that is why I am telling him. The Clerks-at-Table would bear witness to this. It is not the template! The draftspersons would bear witness. Mr Speaker, so, within the three months is what I am saying. The other one is constitutional. So, let us not do anything to derogate from the space of time given to the Auditor-General.
Mr Chireh 1:57 p.m.
Mr Speaker, on the issue he raised, when we were passing the Institute of Chartered Accountants, Ghana Bill, 2020 into law, it was there and he vigorously argued and we showed him legislations that we passed that had the three months and we explained that with this one, it is the template; it is a reminder to the institution to do this.
He is saying that it is at the end of the year and we explained to him. But
rose
Mr First Deputy Speaker 2:07 p.m.
Hon Members, let us make progress. Hon Member, are you adding any new argument?
Mr Afenyo-Markin 2:07 p.m.
Mr Speaker, we need to have a clear path. Does the Hon Majority Leader now concede to the proposed amendment that the account they submitted at
Mr First Deputy Speaker 2:07 p.m.
Very well, your point is made.
Mr Kyei-Mensah-Bonsu 2:07 p.m.
Mr Speaker, I think that my Hon Colleague needs to be reminded that we have the internal audit unit and we do not use that outfit. Every day, we are required to make entries and every month, we must set everything right and it is the responsibility of the internal
audit unit to ensure that everything is righted.
The preparation of accounts does not have to wait until the expiry of the year; that is not how it is done. He should bring himself up to appreciate that. That is why the Constitution provides that the Auditor-General, at the end of the financial year, has six months, within which to audit and submit his report to Parliament.
Mr Speaker, if we now say that he has one or up to six months within which to work and submit to the Auditor-General, we will then want to amend the Constitution by the back door by limiting the time within which the Auditor-General has to operate and we cannot do that.
Question put and amendment agreed to.
Clause 52 -- Annual reports and other reports
Mr Banda 2:07 p.m.
Mr Speaker, I beg to move that clause 52 delete and insert the following:
“(1)The Registrar shall, within thirty days after the receipt of the audit report, submit an annual report to the Minister
covering the activities and the operations of the Fund for the year to which the report relates.
(2)The annual report shall include the report of the Auditor-General.
(3)The Minister shall, within thirty days after the receipt of the annual report, from the Registrar, submit the report to Parliament with a statement that the Minister considers necessary.
(4)The Registrar shall also submit to the Minister any other report which the Minister may require in writing.
Question put and amendment agreed to.
Clause 52 as amended ordered to stand part of the Bill.
Mr Afenyo-Markin 2:07 p.m.
Mr Speaker, clause 52 is talking about annual reports. A moment ago, we were told that there was no such requirement for annual reports and this was submitted for consideration in support of the argument in clause 51 (2) by the Hon Majority Leader. So, again,
Mr First Deputy Speaker 2:07 p.m.
Hon Members, please, auditors report and annual report are two different things, please.
Clause 53 -- Appeals Board
Mr Banda 2:07 p.m.
Mr Speaker, I beg to move, clause 53 subclause (2), delete and insert the following:
“(2)The Appeals Board consists of
(a)a legal practitioner with expertise in intellectual property matters as the chairperson, and
(b) four other persons with expertise in plant breeding at least one of whom is a woman.
Question put and amendment agreed to.
Mr Banda 2:07 p.m.
Mr Speaker, I beg to move, that clause 53 subclause (4),
lines 1 and 2, delete “as regards the disclosure of interest and allowances”. So, it will read:
“The provisions of sections 46 and 47 shall apply to a member of the Appeals Board”.
Mr Speaker, we do not need to repeat “as regards the disclosure of interest and allowances” because that is what clauses 46 and 47talks about.
Mr Afenyo-Markin 2:07 p.m.
Mr Speaker, let me draw our attention to a quick issue. We have said in clause 51 (3) that: ‘The Auditor-General shall, submit the audited reports to the Minister'.
Mr Speaker, when we come to clause 52 (2), it says 2:07 p.m.
“The annual report shall include the report of the Auditor-General”.
The body will not be ceased with
-- 2:07 p.m.
Mr First Deputy Speaker 2:07 p.m.
Hon Member, If your comment is on clause 53, we are on clause 53 now.
Mr Afenyo-Markin 2:07 p.m.
Mr Speaker, I want to draw attention to that --
Mr First Deputy Speaker 2:07 p.m.
When we are done with clause 53, I will give you time to do that.
Mr Afenyo-Markin 2:07 p.m.
Very well. I agree.
Mr First Deputy Speaker 2:07 p.m.
Hon Member, do you know that somehow, I am tended to ignore you because often, you deliberately slow down -- [Interruption] sitting up here, is painful that is, when you cannot move out.
Question put and amendment agreed to.
Mr Banda 2:07 p.m.
Mr Speaker, I beg to move, clause 53 subclause (5), line 1, delete “its meetings” and insert “meetings of the Appeals Board”.
Question put and amendment agreed to.
Mr First Deputy Speaker 2:07 p.m.
Item numbered (xx……
Mr Banda 2:17 p.m.
Mr Speaker, I beg to move, Clause 53 subclause (7), delete and insert the following:
“The Appeals Board may regulate the proceedings of the Appeals Board.”
Mr Afenyo-Markin 2:17 p.m.
Mr Speaker, if we use the word “may”,
then it would be giving them some discretion that they may choose not to do this. Then which other body would exercise jurisdiction under the circumstance?
Mr First Deputy Speaker 2:17 p.m.
It is about the regulation of their meetings. Hon Chairman, should it be ‘shall' or “may”? The Hon Member is suggesting that the “may” means that they could decide not to do any regulation and so probably we should use ‘shall'.
Mr Banda 2:17 p.m.
Mr Speaker, within this context, ‘shall' is more appropriate and so I beg to further amend it to read ‘The Appeals Board shall regulate the proceedings of the Appeals Board'.
Mr First Deputy Speaker 2:17 p.m.
Hon Members, the final rendition would now read ‘The Appeals Board shall regulate the proceedings of the Appeals Board'.
Question put and amendment agreed to.
Mr Banda 2:17 p.m.
Mr Speaker, I have a further amendment that has not been advertised.
I beg to propose that clause 53 subclause 8, delete and insert the following:
Mr Kyei-Mensah-Bonsu 2:17 p.m.
Mr Speaker, I see in the Order Paper that under clause 44(3) we deleted “Board” and inserted “Technical Committee”. Therefore, there is just one Board that is recognised by this Bill and that is the Appeals Board. In that regard, I have seen that there are some parts of Clause 53 in which we have just the Board, for instance, Clause 53(7).
Mr Speaker, but I believe that we only have to refer after its usage it would be repetitive and so we can just say “the Board” and define it to mean “the Appeals Board”. Otherwise with the way we have saturated the Bill with “Board” , even though there is only one Board, wherever it appears, it would still be referred to as the Appeals Board. I think that after its establishment under Clause 53, we can just use “the Board” subsequently and define it to mean “the Appeals Board”.
Mr First Deputy Speaker 2:17 p.m.
Let me put the Question on the entire
Clause 53 because there can be a directive to the draftsperson.
Clause 53 as amended ordered to stand part of the Bill.
Mr Afenyo-Markin 2:17 p.m.
Mr Speaker, pursuant to your special leave -- [Interruption] -- Yes, Mr Speaker has granted me a special leave.
My view is that because we have stated in Clause 51(3) that the Auditor-General's report would be submitted through the Hon Minister, repeating Clause 52(2) that “The annual report shall include the Report of the Auditor-General” would be superfluous. Mr Speaker, because by law the Registrar is not to receive the Auditor-General's report so we have to delete that Clause. If we still want to have the annual report then we can just end that ‘there shall be an annual report to be submitted to the Minister but we cannot say that it includes the report of the Auditor-General, which would not be in their possession anyway.
Mr First Deputy Speaker 2:17 p.m.
Hon Member, what part are you proposing for deletion?
Mr Afenyo-Markin 2:17 p.m.
Mr Speaker, I am proposing that Clause 52(2) which reads “The annual report
shall include the report of the Auditor- General” should be deleted.
Mr First Deputy Speaker 2:17 p.m.
That is the only value of that clause and you want it to be deleted entirely.
Mr Afenyo-Markin 2:17 p.m.
Mr Speaker, exactly. We do not need it because we have already said that the Auditor- General's report would go to the Hon Minister. So, clause 52(1) and (3) are alright and so we do not need to say that the report shall include the Auditor-General's report. It is not possible for them to include it because it would have already been directly received by the Hon Minister because the law says so.
Mr Banda 2:27 a.m.
Mr Speaker, what we normally say is that “copies of the audit report be submitted to the Minister and the Registrar” and that is in Clause 51(3) in order to have the basis of Clause 52(2).
So, I want to submit that we maintain Clause 52(2) but amend Clause 51(3) to capture the Registrar after the Minister. So, that a copy would be given to the Minister and a copy given to the Registrar because it is the Registrar that submits the accounts of the Fund to the Auditor-
General. Therefore, it is proper that the person who submits the account to the Auditor-General after the Auditor-General has finished its work must submit a copy to the person who is the Registrar.
So Mr Speaker, I would want to propose the insertion of “and the Registrar”.
Mr Speaker, we even realised and my attention has been drawn by the Hon Attorney-General and Minister for Justice to the original clause 51(3) which has the proposed amendment that I am proffering “and the Registrar”. I am wondering “and the registrar” was omitted. That must have been done inadvertently.
So I propose the insertion of “and the Registrar” in order to have the basis for clause 52(2).
Question put and amendment agreed to.
Clause 51 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 2:27 a.m.
Clause 54
Mr Banda 2:27 a.m.
Mr Speaker, I beg to move, clause 54, subclause (1), line 2, delete “one” and insert “another”
Mr Banda 2:27 a.m.
Mr Speaker, I beg to move, clause 54, subclause (2), line 2, delete “of the Appeals Board including the chairperson”.
Question put and amendment agreed to.
Clause 54 as amended ordered to stand part of the Bill.
Clause 55 -- Appeals on decision of the Registrar
Mr Banda 2:27 a.m.
Mr Speaker, I beg to move, clause 55, subclause (4), line 1, delete “it” and insert “the Appeals Board”
Mr Speaker, this is because, the “it” refers to “the Appeals Board”.
Question put and amendment agreed to.
Mr Banda 2:27 a.m.
Mr Speaker, I beg to move, clause 55, subclause (8), delete and insert the following:
“An aggrieved person may appeal to the High Court against a decision taken by the Appeals
Board within sixty days after the date that the aggrieved person is notified of the decision.”
Question put and amendment agreed to.
Mr First Deputy Speaker 2:27 a.m.
Item (xxv)?
Mr Afenyo-Markin 2:27 a.m.
Mr Speaker, earlier, the Hon Chairman made an amendment under clause 55(4) (1), line 2. However, upon a careful reading -- [Interruption]
No. Mr Speaker, it says:
Mr First Deputy Speaker 2:27 a.m.
Hon Member for Tamale Central, you do not have the floor.
Mr Afenyo-Markin 2:27 a.m.
Mr Speaker, the original rendition of clause 55(4), line 1 reads:
“The Appeals Board may consider investigations if it considers it necessary”.
Now the Hon Member is saying that, in line 1, it reads:
“The Appeals Board may conduct investigations if the
Appeals Board considers it necessary.”
Very well. I get it now. Mr Speaker, I rest my case.
Mr First Deputy Speaker 2:27 a.m.
Very well. Hon Chairman, item (xxv)?
Mr Banda 2:27 a.m.
Mr Speaker, I beg to move, clause 55, subclause (9), delete.
Alhaji I.A.B. Fuseini 2:27 a.m.
Mr Speaker, clause 9 actually talks about the situation where the Appeals Board itself may want the decision to be taken by the High Court. They want guidance from the High Court and state a case for the determination at the High Court.
Mr First Deputy Speaker 2:27 a.m.
An administrative body referring a matter to the High Court to state a question for it for what? I think it is not within our jurisprudence.
Alhaji I.A.B. Fuseini 2:37 p.m.
Mr Speaker, an administrative body cannot do that by way of case stating. Instead of going through the appeal processes, the Appeals Court decides that with a particular matter they would want a judicial decision on. If
they cannot do that, then we have to delete it. I do not know of any precedent.
Question put and amendment agreed to.
Mr Banda 2:37 p.m.
Mr Speaker, I beg to move, clause 55, subclause (10), delete.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 2:37 p.m.
Mr Speaker, just a little cleaning up in respect of clause 55(2): “A person who is aggrieved by any decision …”
Mr Speaker, to curtail any verbosity, we would just say 2:37 p.m.
“A person aggrieved by a decision…”
Mr First Deputy Speaker 2:37 p.m.
“A person aggrieved by a decision …”
Question put and amendment agreed to.
Clause 55 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 2:37 p.m.
Hon Majority Leader, we said we would break at 2.30 p.m. I have not extended Sitting beyond 2.00 p.m. yet.

Hon Members, having regard to the state of the business of the House, I direct that the House sits outside the regular Sitting hours.

Now, let me hear you, Hon Majority Leader.

We can suspend Sitting.
Mr Kyei-Mensah-Bonsu 2:37 p.m.
Yes, Mr Speaker. We have to suspend Sitting for Hon Members to go and have a bite and then we would come after the President leaves - hopefully at 5.00 p.m. to complete what is here.
Mr Speaker, there is not much left but if we have to stay, we would never know when we are going to close. So let us suspend Sitting now and come back at 5.00 p.m. I guess if we have less than an hour, we would be able to finish up.
Thank you, Mr Speaker.
Mr First Deputy Speaker 2:37 p.m.
Very well.
Hon Members, Sitting is suspended until 5 p.m.
2.39 p.m. -- Sitting suspended.
6.05 p.m. -- Sitting resumed
Mr First Deputy Speaker 2:37 p.m.
Hon Members, I think we should finish with the consideration. After that if we have time, we will do the Addendum Order Paper 2.
Mr Kyei-Mensah-Bonsu 2:37 p.m.
Mr Speaker, Order Paper Addendum 2 is just the presentation of Papers, which will not take more than two minutes.
Mr First Deputy Speaker 2:37 p.m.
Hon Member, I saw that. If we will continue with the consideration after that, we will attend to that.
Mr Kyei-Mensah-Bonsu 2:37 p.m.
Mr Speaker, you are in charge.
BILLS -- CONSIDERATION 2:37 p.m.
STAGE 2:37 p.m.
Mr First Deputy Speaker 2:37 p.m.
Hon Leader, did we finish clause 56? -- I know we did clause 55, but - I think we did not do clause 56.
Clause 56 ordered to stand apart of the Bill.
Clause 57 -- Varieties Bulletin
Chairman of Committee (Mr Ben Abdallah Banda) 2:37 p.m.
Mr Speaker, I beg to move, clause 57, subclause (1), delete and insert the following:
“There is established by this Act, the Varieties Bulletin which shall contain matters related to this Act.”
Question put and amendment agreed to.
Mr Banda 2:37 p.m.
Mr Speaker, I beg to move, clause 57, subclause (4), delete. This is because it is already captured in subclause (1), so clause 57 (4) has become a surplus.
Question put and amendment agreed to.
Clause 57 as amended ordered to stand part of the Bill.
Clause 58 -- Publication of notices and information.
Mr Banda 2:37 p.m.
Mr Speaker, I beg to move, clause 58, subclause (1), opening phrase, line 1, delete “or” and insert “and”
So the new rendition is:
“…Gazette and Varieties Bulletin…” and not “Gazette or Varieties Bulletin”.
Question put and amendment agreed to.
Clause 58 as amended is ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 2:37 p.m.
Mr Speaker, I would just want to draw the attention of the Chairman to clause 57(3). Clause 57 (2) says:
“The Registrar shall
(a)keep and maintain the Varieties Bulletin in an accurate form; and
(b)ensure that the Varieties Bulletin is accessible in the hard and electronic forms”.
Mr Speaker, but subclause (3) provides 2:37 p.m.
“The Varieties Bulletin shall be maintained as a secured electronic database.”
Mr Speaker, is it the case that it cannot be maintained in a hard form? It relates to just the two. We should have hard copies and electronic form.
Mr First Deputy Speaker 2:37 p.m.
Chairman, what is the difference between clause 57(2)(b) and 57(3)?
Mr Banda 2:37 p.m.
Mr Speaker, the languages are different. Clause 57(2)(b) says:
“…ensure that the Varieties Bulletin is accessible in the hard and electronic forms”.
And clause 57 (3) says:
“The Varieties Bulletin shall be maintained as a secured electronic database”.
Mr Speaker, the two are not the same.
Mr First Deputy Speaker 2:37 p.m.
Very well. One is the database, and the other is accessible electronic forms.
Mr Kyei-Mensah-Bonsu 2:37 p.m.
Mr Speaker, even subclause (3), the Bulletin that contains the information relating to the Varieties is kept in a secure electronic database. I think that is what is intended even in subclause (3). But the construct:
“The Varieties Bulletin shall be maintained as secured electronic database”
Does it mean that it shall be maintained in a secured electronic database or as a secured electronic
database? -- I think that it should rather be that the Varieties Bulletin shall be maintained “in a secured electronic database” and not “as a secured electronic database”.
Mr First Deputy Speaker 2:37 p.m.
Yes, Hon Chairman? “In electronic database” and “as electronic database”.
Mr Banda 2:37 p.m.
Mr Speaker, with the amendment being proffered by the Hon Majority Leader, it makes the meaning of subclause (3) from as it is.
Clause 57(3) means to say that the Varieties Bulletin is a database, so it should be maintained as a secured electronic database. I do not think that is the internment. The internment is that the Bulletin must be maintained and kept in a secured electronic database.
Mr First Deputy Speaker 2:37 p.m.
Hon Chairman, is that how you want it?
Mr Banda 2:37 p.m.
Mr Speaker, yes. The Bulletin cannot be a database, but it should be maintained and kept in a secured electronic database.
Mr First Deputy Speaker 6:15 p.m.
Very well. So, we will delete “as” after “maintained” and insert “in”.
Question put and amendment agreed to.
Clause 57 as amended ordered to stand part of the Bill.
Clause 59 ordered to stand part of the Bill.
Clause 60 ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 6:15 p.m.
Mr Speaker, I just want to draw our attention to clause 60, which reads: “A person who wilfully offers for sale…” The offences are defined, and it says that the one who engages in these acts commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than eight thousand penalty units. However, what if the person is not able to pay?
Mr First Deputy Speaker 6:15 p.m.
I would direct the draftsperson to insert the commensurate prison term to clause 60, subparagraph (c).
Hon Members, we would now move on to clause 61.
Clause 61 -- Application of Convention.
Mr Banda 6:15 p.m.
Mr Speaker, I beg to move, subclause (1), line 2, delete “Government's obligation” and insert “obligations of Ghana”.
Mr Speaker, therefore, the new rendition would read 6:15 p.m.
“The Minister shall ensure that the implementation of this Act does not affect the fulfilment of the obligations of the Republic pertaining to the protection of plant breeder rights under the Convention to which the Republic is a party.”
Mr First Deputy Speaker 6:15 p.m.
The amendment that you have advertised here has to do with the “obligations of Ghana”, but you are now inserting “Republic” rather.
Mr Banda 6:15 p.m.
Mr Speaker, I am sorry. I would want to improve upon the proposed amendment. Instead of saying “obligations of Ghana”, I would like to rather insert “obligations of the Republic.”
Mr First Deputy Speaker 6:15 p.m.
It should rather be captured as the “Republic of Ghana”, otherwise, this would be the first time that we are introducing “Republic.” We have had “Ghana” throughout, but suddenly, you seek to introduce the word “Republic”.
Mr Banda 6:15 p.m.
Mr Speaker, it would ring well in the ear if we put it as “obligations of the Republic”, instead of “obligations of Ghana - it does not read well. However, in the same clause we still have an amendment by the change of “country” to “the Republic”, so, we thought that there must be consistency in that same clause, otherwise --
Mr First Deputy Speaker 6:15 p.m.
Hon Chairman, where is it? Clause 61 reads: “The Minister shall ensure that the implementation of this Act does not affect the fulfilment of the Government's obligations pertaining to the protection of plant breeder rights…” Where is the Republic?
Mr Banda 6:15 p.m.
Mr Speaker, it is in our subsequent proposed amendment in the item numbered (xxxi), which is also on clause 61.
Mr First Deputy Speaker 6:15 p.m.
That one asks us to delete “Government” and insert “country”.
Mr Banda 6:15 p.m.
Mr Speaker, basically, there is no difference.
Mr First Deputy Speaker 6:15 p.m.
The Republic can refer to the Republic of China, so, if you say “Republic” without adding “Ghana”, then you must as well define “Republic in the --
Mr Kyei-Mensah-Bonsu 6:15 p.m.
Mr Speaker, “Republic” is defined in the Act.
Mr First Deputy Speaker 6:15 p.m.
It has been “Ghana” all through. I do not remember us using “the Republic” at all. Just because it is defined, must we find a place for it? [Laughter]
Mr Ahiafor 6:15 p.m.
Mr Speaker, I believe strongly that we would need to be consistent in order not to create any confusion in the Bill. This is because if we go further, there is also another proposed amendment for us to delete “government” and insert “country”. However, all along, we have been putting it as “Ghana”. So, if there is no special reason for which we should depart from the use of “Ghana”, then appropriately, we should use “Ghana” instead of “the Republic”.
Mr First Deputy Speaker 6:15 p.m.
Yes, Hon Chairman, what is the reason for it?
Mr Banda 6:15 p.m.
Mr Speaker, in that case, we would stick to the proposed amendment, which is that we delete “Government's obligation” and insert “obligations of Ghana.” I so move.
Mr Kyei-Mensah-Bonsu 6:15 p.m.
Mr Speaker, whereas I have no fixation
on the use of “Ghana” in clause 61, I thought that in the earlier usage when we had referred to “Ghana”, it meant the geographical area called “Ghana”. Here, we are talking about the legal obligations imposed on the Republic. So, the two are slightly different.
Clause 60 reads: “A person who wilfully offers for sale, sells or markets the propagating material of a variety protected in Ghana…” In this case, we are talking about that geographical entity. Paragraph (b) is also about the same thing. These are legal obligations imposed, and that is why we have referred to it as “the Republic.”
However, if we insist, then for consistency, I am not really against the use of the term “Ghana” in clause 61, but I thought that, that was the distinction that the sponsors wanted to offer us. The Chief sponsor is here, and I hear her lamentations.
Mr First Deputy Speaker 6:15 p.m.
She prefers the use of “Ghana”.
Mr Kyei-Mensah-Bonsu 6:15 p.m.
Mr Speaker, she has not said so in the microphone.
Ms Akuffo 6:15 p.m.
Mr Speaker, in reading the piece of legislation, we have been using “Ghana”. The
moment we introduce “Republic”, one would wonder the Republic being talked about. Therefore, I think that for the sake of consistency -- it is defined, but then it raises a question.
We would want to make it reader- friendly, so, we would have to be consistent throughout the Bill. When one asks which Republic is being talked about, it is the Republic of Ghana. So, for the sake of easeof reading and consistency, and just so that we do not have any ambiguity, we should stick to the use of “Ghana” throughout the legislation.
Mr Speaker, I thank you.
Question put and amendment agreed to.
Mr Banda 6:15 p.m.
Mr Speaker, I beg to move, subclause (2), line 2, delete “government” and insert “country”.
Mr Speaker, this time it should be Ghana.
Mr First Deputy Speaker 6:25 a.m.
But there is “Republic” in line 1. It reads: “The Minister may on behalf of the Republic…” If you want to use “Republic”, I insist that you add “Ghana” for it to read “the Republic
Mr Banda 6:25 a.m.
Mr Speaker, I was even looking at clause 61 (1), line 4. We have the use of country.
Mr First Deputy Speaker 6:25 a.m.
All right. So “to which Ghana is a party”.
Mr Banda 6:25 a.m.
Mr Speaker, I beg to move, clause 61, subclause (2), line 2, delete “Republic” and insert “Ghana”.
Mr Speaker, it reads 6:25 a.m.
“The Minister may on behalf of Ghana enter into a bilateral or multilateral agreement with a foreign country for the mutual recognition and protection of breeder rights”.
Mr First Deputy Speaker 6:25 a.m.
Over there, the “country” is appropriate.
Question put and amendment agreed to.
Clause 61 as amended ordered to stand part of the Bill.
Clause 62 -- Regulations
Mr Banda 6:25 a.m.
Mr Speaker, I beg to move, Opening phrase, delete “may” and insert “shall, within twelve months of the coming into force of this Act”.
Mr Speaker, normally, we use “months” instead of “years”.
Question put and amendment agreed to.
Mr Banda 6:25 a.m.
Mr Speaker, I beg to move, Paragraph (j), line 1, after “effective”, insert “and efficient”.
Question put and amendment agreed to.
Clause 62 as amended ordered to stand part of the Bill.
Clause 63 -- Interpretation
Mr Banda 6:25 a.m.
Mr Speaker, I beg to move, Interpretation of “Registrar”, delete and insert the following:
“Registrar” means the Registrar of Plant Variety”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 6:25 a.m.
Mr Speaker, regarding the Interpretation, we just dealt away with the usage of “the Republic” so it means that “the Republic” has not been used anywhere in the Bill, and that being the case, we do not need to define Republic to mean Republic of Ghana. We have to delete it.
Mr First Deputy Speaker 6:25 a.m.
Yes, Chairman, we do not need to define “the Republic” so you may want to delete it.
Question put and amendment agreed to.
Mr First Deputy Speaker 6:25 a.m.
Hon Chairman, can I now go to the Long Title?
Mr Banda 6:25 a.m.
Mr Speaker, we have some outstanding clauses.
Mr First Deputy Speaker 6:25 a.m.
Yes, which ones are they?
Mr Banda 6:25 a.m.
Mr Speaker, clause 30, first of all, was stood down because we found it difficult to come to a consensus, but there is a proposed amendment which I would like to bring to the floor for the House for consideration.
Mr Speaker, I beg to move, clause 30, subclause (1), delete and insert 6:25 a.m.
“The Registrar shall, on the advice of the Plant Breeders Technical Committee, cancel a plant breeder right if the conditions of
(a) uniformity under section 6;
(b) stability under section 7
no longer prevail”.
Mr Speaker, this provision has been improved and crafted the way it is because it makes clause 30 subclause (1) clearer and better understood than it is at the moment. Originally, there was a bare reference to sections 6 and 7, and that created some difficulty in understanding the provision. But with the addition of “uniformity” under section 6 and “stability” under section 7, it then leaves no room for doubt as to what the intendment of clause 30, subclause (1) is all about.
Mr First Deputy Speaker 6:25 a.m.
Hon Majority Leader, I see you shaking your head.
Mr Kyei-Mensah-Bonsu 6:35 p.m.
Mr Speaker, the issue that I raised which caused the Chair to have further consultation in respect of the cancellation of the plant breeder's rights in clause 30(1) relates to the issues contained in clause 6 or 7. Now, section 6 or 7 relates to the matters that have to do with uniformity and stability.
Mr Kyei-Mensah-Bonsu 6:35 p.m.


The issue I raised was, why are you restricting the cancellation to only uniformity and stability issues and not the novelty or distinctness of the features? This is because when you come to the nullification which is contained in clause 29, they relate to all the conditions in sections 4 or 5 and 6 or 7.

The cancellation however is being related only to section 6 or 7 and leaving out section 4 or 5. That is the issue I raised, and what has been suggested to me only amplifies what is in clause 30 (1), that is section 6 or 7. It still leaves out matters relating to section 4 or 5, that is about the novelty and the distinctness. I am asking why you are leaving those two out?
Mr Banda 6:35 p.m.
Mr Speaker, I am made to understand, because I am not a technical person, that you may have a variety which is new and distinct, but when that variety is studied over a period of time, you would realise that the variety would fail in the condition of uniformity and stability. So, under these circumstances, once that variety does not conform to the qualification of uniformity and stability, the Registrar has the power to cancel the plant breeder rights.
The variety may be new or distinct all right, but it may not be uniform and
stable. Also, you would realise that under section 6 or 7, what is meant by uniformity has been defined and what is meant by stability has also been defined. So, when it comes to cancellation of the plant breeder's rights, these are the two circumstances under which the Registrar may invoke his powers to cancel the rights of the plant breeder.
When it comes to nullification of the holders of the plant breeder's rights, the circumstance stipulated in clause 29 are also different. You would realise that clause 29 (1) (a), says that, “if the conditions laid down in section 4 or 5 were not complied with…”. Sections 4 and 5 in the Bill are about novelty and distinctiveness, so where the variety is not new or distinct under these two circumstances, the Registrar can invoke his powers to nullify the rights of the breeder and it goes on and on. This is what I was made to understand, so in the case of cancellation --
Mr First Deputy Speaker 6:35 p.m.
If I understand you, if a person fails the first two, then his registration is nullified and if the person fails the next two, his right is cancelled. So, each two represents something different, if I understand you. The first two is about nullification; probably, you ought not have been registered at all.
Then the second two, you have a variety which is new and distinct but it is not stable or uniformed. Then the person would have created something new and distinct but it might not be stable and uniformed, so the person does not get the right. I think that this is how to differentiate the two.
Mr Kyei-Mensah-Bonsu 6:35 p.m.
Mr Speaker, it is not exactly so because if you look at clause 29, the nullification relates to all four conditions. Section 4 or 5 is captured in clause 29 (1) (a) and section 6 or 7 is captured in clause 29 (1) (b), with the four conditions obtained there. When we come to the cancellation, it relates to only section 6 or 7. That is why I am still raising the issue.
The Hon Chairman's rationalisation does not fly at all but the sponsoring authority, that is the Attorney-General and Minister for Justice is here, so if it is all right with her, I would not persist. I am however neither satisfied nor persuaded by the force of what he is saying.
Question put and amendment agreed to.
Clause 30 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 6:35 p.m.
Which other outstanding clause do we have?
Mr Banda 6:35 p.m.
Mr Speaker, with your indulgence, if you could relax the rules, we have already dealt with clause 10 but we have come across a very serious lacuna which if not filled, would not make the meaning of clause 10 as clear as expected. I am therefore seeking your leave to let us go back to clause 10.
Mr First Deputy Speaker 6:35 p.m.
Please go ahead.
Mr Banda 6:35 p.m.
Thank you, Mr Speaker. Clause 10 talks about presumption of protection and clause 10 (2) talks about an application being made by a successor in title of that applicant. However, clause 10 (2) appears to be hanging, so we want to establish a basis upon which clause 10 (2) could be activated.
I beg to move, before clause 10 (2), insert, “A plant breeder right may devolve by succession, assignment or transfer.”
Mr Ahiafor 6:35 p.m.
Mr Speaker, I am getting confused because clause 10 is on presumption of protection. Clause 10 (1) says:
Mr First Deputy Speaker 6:45 p.m.
No, that is where the problem is. When it comes to subclause 1, in the absence of any proof to the contrary, it says I am the title owner assigned or protected.
When it comes to subclause 1, in the absence of any proof to the contrary, he says he is the title owner, assigned or protected but in subclause 2, it says it may be a successor but how the person succeeded is what has been provided for -- either it is devolved on the person by succession or it was assigned to the person by the previous owner or -- I think that
is what he means by the lacuna. How did the person become a successor in title? That is what has been provided for.
Mr Banda 6:45 p.m.
Mr Speaker, the new rendition would read:
“A plant breeder right may devolve by succession, assignment or transfer”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 6:45 p.m.
Mr Speaker, what the Hon Chairman has introduced relates to three legs -- succession, assignment or transfer. However, in subclause 2, it relates only to “succession”, so where are the other two legs?
Mr First Deputy Speaker 6:45 p.m.
The succession in title.
Mr Kyei-Mensah-Bonsu 6:45 p.m.
Would it include assignment and transfer?
Mr First Deputy Speaker 6:45 p.m.
Yes, if it came through by assignment or transfer -- the person is a successor in title.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 6:45 p.m.
Hon Chairman, do you have any other?
Mr Banda 6:45 p.m.
Mr Speaker, the clause 10 (2), would then read:
“Where the application is made by a successor in title of the applicant, the applicant shall support the application with relevant documents as proof of the title of the successor”.
Mr First Deputy Speaker 6:45 p.m.
Hon Chairman, with proof of the title, however, whether relevant documents or testamentary evidence, it is still evidence.
Mr Banda 6:45 p.m.
Mr Speaker, that is clause 10 (2).
Mr First Deputy Speaker 6:45 p.m.
Yes, the draftspersons would rearrange the numbering. Do you have any more?
Mr Banda 6:45 p.m.
Mr Speaker, no please, I am done.
Mr First Deputy Speaker 6:45 p.m.
So, we can go to the long title now.
Mr Kyei-Mensah-Bonsu 6:45 p.m.
Mr Speaker, before we go to the long title, I just wanted to be sure of what was done in respect of clause 11 (1). These are some of the things that sometimes, we get bogged down with by our own --
Mr First Deputy Speaker 6:45 p.m.
What is before me is that, with clause 11 (2), “several” was replaced by “other”.
Mr Kyei-Mensah-Bonsu 6:45 p.m.
Mr Speaker, I just saw what is contained in clause 11 (1) and there was no amendment in line 5 to delete “Republic'' and insert “Ghana”. We have now gone to the interpretations to delete “Republic” which has been used in this subclause. Sometimes, we confuse these things.
Mr First Deputy Speaker 6:45 p.m.
I would direct that wherever there is “Republic”, it should be --
Mr Kyei-Mensah-Bonsu 6:45 p.m.
Mr Speaker, that was why I insisted that the “Republic” should hold in the context but the Hon Chairman and the sponsoring Ministry disagreed with me.
Mr First Deputy Speaker 6:45 p.m.
Very well.
Ms Akuffo 6:45 p.m.
Mr Speaker, if I may have your permission, to take us back to clause 10 (2).
Mr Speaker, I want to propose an amendment so that it may read 6:45 p.m.
“Where the application is made by a successor in title of the breeder, the applicant shall support the application with proof of the title of the successor”.
This is because if we maintain the first “applicant”, it would mean that there is already an applicant but it envisages a situation where the
breeder would not have registered the title and therefore, it is the successor who seeks the protection.
Mr Speaker, I beg to move clause 10, subclause 2, line 2, delete “applicant” and insert “breeder”.
Question put and amendment agreed to.
Mr Ahiafor 6:45 p.m.
Mr Speaker, with respect to the same clause 10, I am still worried about the “successor in title” and the rendition which was proffered by the Hon Chairman.
Mr Speaker, is there any right, interest or title that would not devolve on a successor by which we have to legislate over this absolute? It is as if it is only this presumed right that would devolve and there are other rights that would not devolve to a successor in title.
Mr First Deputy Speaker 6:45 p.m.
Hon Member, I am not sure I understand you.
Mr Ahiafor 6:55 p.m.
Mr Speaker, automatically all right titles would devolve and all interest would also devolve on a successor in title. The fact that I am a successor in title of “A”, then the title, the interest and the
right of that “A”, means that automatically I would succeed. So, why do we want to legislate over the absolute?
Mr First Deputy Speaker 6:55 p.m.
They are private which would provide for you to apply to register. They would not create the right but they would only provide a procedure for you to apply to register what you have succeeded to in doing.
Mr Haruna Iddrisu 6:55 p.m.
Mr Speaker, how I understand my Hon Colleague, Bernard Ahiafor to be asking is that, assuming I develop a new variety of groundnut and I am accorded the stability and protection of rights guaranteed under this Act, if so passed, and if in my will, I say that I am dedicating whatever interest is in that to my son, how would we relate that to what we are legislating now? It is just a question he is asking because now he is saying that the successor must come through the process here but by law that naturally would have devolved.
I have passed on and decided that, of my children, one did not like farming but the other liked it. I want the one who liked farming to be the beneficiary. That is what he is saying.
Mr Speaker, if I have your leave and indulgence, I was not here but I followed you through. Chairman of the Committee, I have a problem with the English language here and I hope I can go back to it. Clause 9, subclause
(5) --
Mr First Deputy Speaker 6:55 p.m.
Chairman of the Committee, can we conclude clause 9? After listening to Hon Ahiafor, I am not sure that there is anything amiss unless somebody thinks otherwise.
That clause is only providing that one can inherit that and also register. It recognises one's right to register an inheritance. It is not creating a new thing but only providing for the person who has inherited or acquired or on whom a right has devolved to register. I do not think that should be an issue at all.
All right. So, we would not go back to clause 9 -- Chairman of the Committee?
Mr Haruna Iddrisu 6:55 p.m.
Mr Speaker, mine is just for the policy promoters to look at. Clause 9, subclause (5) reads:
“A person referred to in paragraph (b) or (c) of
Mr Haruna Iddrisu 6:55 p.m.


subsection (2) shall enjoy within Ghana the same treatment…”

Does he want to say “right” or “treatment”? Then the words “as accorded by this Act”, is that how we construct clauses? I would not have known what happened when you considered it but there is something wrong with the construction.
Mr First Deputy Speaker 6:55 p.m.
Hon Minority Leader, if you read to the end and do not stop at “accorded by this Act” --
Mr Haruna Iddrisu 6:55 p.m.
Mr Speaker, it is “…accorded by this Act to citizens” --
Mr First Deputy Speaker 6:55 p.m.
“…as accorded by this Act to citizens”; you are referring to - You would get the same thing as if you were a citizen of Ghana:
“A person referred to in paragraph (b) or (c)…”
Mr Haruna Iddrisu 6:55 p.m.
Mr Speaker, so, was the “is” deleted?
And does he want the word “treatment” and not any other word? What treatment is provided for under this Act? [Interruption] --
That is why I am asking you. He is accorded the same treatment. Does he give people treatment under this Act? What is he giving the person?
Mr First Deputy Speaker 6:55 p.m.
Very well, there is nothing being said to the microphone, so --
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 6:55 p.m.
Mr Speaker, my little concern is on the Long Title. The Long Title is too skeletal and I thought if we added some words --
“The Act is to provide for the grant and protection of plants breeder rights to promote the breeding of new varieties of plants to improve the quality and quantity of new varieties of plants and for related matters.”
Mr Speaker, that is what it is because it is the mischief that we have observed and would cure by the resort to this vehicle. If we read the Memorandum, it would provide that understanding as it does if you take it and read the Long title.
Mr First Deputy Speaker 6:55 p.m.
Hon Majority Leader, you are introducing some things that I would want us to pay attention to: what are they promoting? I am going through and I am seeing the meaning of variety, distinctiveness, novelty, application for breeder rights, presumption, protection, and priority but I am not seeing anything relating to promotion. Unless I am peaking too soon -- requirement, authorisation, order of plant breeder rights --
Mr Haruna Iddrisu 6:55 p.m.
Mr Speaker, I would persuade the Hon Majority Leader. What the Long Title does is to summarise the content and thought in the Bill. If we look at the Short Title, it states: “Plant Variety Protection Bill, 2020”. Now, the Long Title states:
“AN ACT to grant and to protect plant breeder rights…”
Mr Speaker, so the plant breeder rights is all encompassing and it is enough. I do not think that we should elongate the Long Title. What he has read -- To quote him, “this mischief is in the Memorandum”. What he has said better fits the Memorandum of the Bill and not the Long Title. They are good words but it helps people who for the first time were reading the Bill to appreciate it, so it is an item for the Memorandum. It does not belong to the Long Title. So, if he does not mind, he should let sleeping dogs lie.
Mr Kyei-Mensah-Bonsu 6:55 p.m.
Mr Speaker, the Long Title offers the [inaudible] to what the object of the Bill is.
Mr Speaker, this Bill captures the object in the scope of the breeder rights. It is supposed to aid production and reproduction as contained in clause 20; conditioning for the purpose of propagation, offer for sale, sale and marketing, exports and stocking for any purposes mentioned in paragraph (a) to (f).
Mr Speaker, this is the remit.
Mr First Deputy Speaker 6:55 p.m.
It is the right of the owners that are protected against those things there.
Mr Kyei-Mensah-Bonsu 6:55 p.m.
Mr Speaker, if I may, if you read the first paragraph of the Memorandum:
“The purpose of the Bill is to establish a legal framework to protect the rights of breeders of new varieties of plants or plant and to promote the breeding of new varieties of plants aimed at improving the quantity, quality and the cost food, fuel, fibre and raw materials for industry.”
Mr Speaker, this is what the Bill sets out to do and I thought that it
Mr Kyei-Mensah-Bonsu 6:55 p.m.


would be encapsulated in the Long Title. That is why I made this application.
Mr Anyimadu-Antwi 6:55 p.m.
Mr Speaker, like all intellectual property laws, this aims at granting a right. It talks about the conditions that one has to fulfil to get the rights. It talks about the duration and the limitations. This Bill is similar to the Patents Act and I see it as a sui generis but it is a combination of the Patent Act and a little bit of Trademarks.
Mr Speaker, the Long Title of the Patent Act reads, with your permission 6:55 p.m.
“An Act to provide for the protection of inventions and other related matters”.
Mr Speaker, that is all. I pray that what we have here should be enough for plant variety protection. So, this one reads: “An Act to provide for the grant and protection of plant breeders rights and for related matters”.
So, you will realise that -- I am being bullied here, especially, when the Hon Majority Leader turns to the right and points his hand in a certain direction. We realise that this is on all fours with what we have done with the parent Act. It seems as if it was yesterday, but it was in December,
2003.
Mr Patrick Y. Boamah 7:05 p.m.
Mr Speaker, I disagree with my senior Hon Colleague because that parent Act is not an Act in pari materia with what we are looking at now. That Act has seen a lot of amendments and he knows that.
Mr First Deputy Speaker 7:05 p.m.
Has the Long Title to that Act changed?
Mr Boamah 7:05 p.m.
Mr Speaker, the “related matters” that he is referring to has seen a lot of expansion and he was not being fair to us. I agree with the Hon Majority Leader's position. The purpose was summarised in the first paragraph and it captures the intent and purposes of what we are doing here and I think the Memorandum clearly explains it. We should go by what the Hon Majority Leader has said.
Mr First Deputy Speaker 7:05 p.m.
My view is that if we start with, “the protection of new plant varieties will
encourage investments in plant breeding and so on”, we are given the protection. What this law does is that it grants and protects the rights so that the right holders can do so and so but that is not part of the Bill. The Bill deals with granting, protecting and the conditions for getting the rights.
So, primarily, they relate to the grant and protection of the rights but if we succeed in implementing the law, then these are the likely consequences. The likely consequences are what we are being asked to put in the Long Title.
Mr Iddrisu 7:05 p.m.
Mr Speaker, I hope the Hon Majority Leader will be guided. He read the very introductory paragraph of the explanatory memorandum which is a requirement of article 106. The purpose of the Bill is to establish a legal framework which is all the facts in this Bill.
Mr Speaker, it is also to protect the rights of breeders of new varieties of plants. That is why in the Long Title, it says: “to grant and protect plant breeder rights”. The only word which we ought to introduce would have been “new varieties”.
However, because this is a legal regime which will now be the basis for any matter relating to the grant of any new breeds and the protection of rights granted by way of licences, in
my view, this Long Title is sufficient and adequate.
Mr Kyei-Mensah-Bonsu 7:05 p.m.
Mr Speaker, when we have the Hon Chairman take a stand against a proposal from the Floor --
Mr First Deputy Speaker 7:05 p.m.
The Hon Chairman has no vote. [Laughter.]
Mr Kyei-Mensah-Bonsu 7:05 p.m.
Mr Speaker, it becomes difficult to state one's case. This is because when the Hon Chairman speaks -- yes, when the referee is against you, there is nothing you can do regardless of your tactical and technical play.
So, we abandon the cause.
Mr First Deputy Speaker 7:05 p.m.
Very well. [Laughter.]
That brings us to the end of Consideration Stage of the Plant Variety Protection Bill, 2020.
[Pause] --
Mr Kyei-Mensah-Bonsu 7:05 p.m.
Mr Speaker, we can now go to the Order Paper Addendum 2.
Mr First Deputy Speaker 7:05 p.m.
Yes, Hon Minority Leader, he says, we should go to the Order Paper

Addendum 2. It is a very light paper and it can stand the breach.
Mr First Deputy Speaker 7:05 p.m.
Order Paper Addendum 2 -- presentation of Papers by the Hon Minister for Finance?
Mr Kyei-Mensah-Bonsu 7:05 p.m.
Mr Speaker, I would like to seek your permission to lay the Paper on behalf of the Hon Minister for Finance.
Mr First Deputy Speaker 7:05 p.m.
Very well. Leave granted.
PAPERS 7:05 p.m.
SPA 7:05 p.m.
CE FO 7:05 p.m.
R A 7:05 p.m.
PPEN 7:05 p.m.
D 7:05 p.m.
IX 7:05 p.m.
, PA 7:05 p.m.
G 7:05 p.m.