Debates of 6 Nov 2020

MR SPEAKER
PRAYERS 11:10 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:10 a.m.
Mr First Deputy Speaker 11:10 a.m.
Hon Members, correction of the Votes and Proceedings of Thursday, 5 th November, 2020.
Any correction?
Page 1 …23
Mr Mathias Kwame Ntow 11:10 a.m.
Mr Speaker, some of us do not have the Order Paper.
Mr First Deputy Speaker 11:10 a.m.
We are working on the Votes and Proceedings now. Do you have a copy?
Mr Ntow 11:10 a.m.
I do not know whether the Hon Leader has everything with him?
Mr Osei Kyei-Mensah-Bonsu 11:10 a.m.
Mr Speaker, we are at the stage of the correction of the Votes and Proceedings, not Order Paper.
Mr First Deputy Speaker 11:10 a.m.
I will continue.
Page 24 … 28.
Attorney-General and Minister for Justice (Ms Gloria Afua Akuffo): Mr Speaker, in paragraph 13 at page 28, my designation has been repeated after the name and it ought to be deleted. Thank you very much.
Mr First Deputy Speaker 11:10 a.m.
Thank you. The Clerks-at-the-Table will ensure the correction.
Page 29 … 80.
Mr Ras Mubarak 11:10 a.m.
Mr Speaker, on page 80, Brig. Gen. Kotia was here at the Committee of the Whole meeting as part of those who gave the briefing, but I cannot find his name in the Votes and Proceedings -- [Interruption]. It is “Kotia” instead of “Kobi”.
Mr First Deputy Speaker 11:10 a.m.
Very well, let the correction be effected by the Clerks-at-the-Table.
Mr Andrew Kofi Egyapa Mercer 11:10 a.m.
Mr Speaker, on page 80, “Mrs Kathy Addy” should be “Ms Kathy Addy”. Thank you.
Mr First Deputy Speaker 11:10 a.m.
Are you referring to the name of the Deputy Chairperson of the National Commission for Civic Education
(NCCE)?
Mr Mercer 11:10 a.m.
That is so, Mr Speaker. She is Ms Kathy Addy.
Mr First Deputy Speaker 11:10 a.m.
In the absence of any further corrections, the Votes and Proceedings of Thursday, 5th November, 2020, is hereby adopted as the true reflection of the proceedings of that day.
There is an Official Report. We have the Official Report of Tuesday, 27th October, 2020, for correction.
Any corrections?
Mr Kwasi Ameyaw-Cheremeh 11:10 a.m.
Mr Speaker, I am not sure I heard that you have announced that we enter Public Business. If you have, then, we may consider the item numbered 76 -- Judicial Service Bill, 2020.
Mr First Deputy Speaker 11:10 a.m.
Hon Chief Whip, I wanted to finish with the correction of the Official Report before I go to the rest.
Mr First Deputy Speaker 11:10 a.m.
Now, Hon Chief Whip, I will listen to you.
Mr Ameyaw-Cheremeh 11:10 a.m.
Mr Speaker, we may go to page 54 and take the item numbered 76 -- Judicial Service Bill, 2020 at the Consideration Stage.
Mr First Deputy Speaker 11:10 a.m.
The Judicial Service Bill, 2020 at the Consideration Stage.
Mr Haruna Iddrisu 11:10 a.m.
Mr Speaker, if you could declare the commencement of Public Business just for the record?
Mr First Deputy Speaker 11:10 a.m.
At the commencement of Public Business, the Judicial Service Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 11:10 a.m.
STAGE 11:10 a.m.
Mr Haruna Iddrisu 11:10 a.m.
Mr Speaker, there is no advertised amendment, but
Mr Haruna Iddrisu 11:20 a.m.
probably, it is just for you to direct the draftsperson.

Clause 1 reads: “There is established by this Act, the Judicial Service in accordance with article 190 of the Constitution” -- [Interruption].

I am satisfied.
Mr First Deputy Speaker 11:20 a.m.
Very well. I would put the Question.
Clause 1 ordered to stand part of the Bill.
Clause 2 -- Members of the Service
Mr First Deputy Speaker 11:20 a.m.
Item numbered (i).
Mr Banda 11:20 a.m.
Mr Speaker, I beg to move, clause 2 paragraph (c), delete and insert the following:
“the persons holding judicial office other than persons presiding over a lower court or tribunal; and”.
We have proposed this amendment because we want to exclude magistrates or persons presiding over lower courts and
tribunals. So, if we talk about persons holding judicial office, we are simply referring to persons who work for the Judicial Service excluding magistrates and/or persons presiding over tribunals and lower courts.
Question put and amendment agreed to.
Mr First Deputy Speaker 11:20 a.m.
Item numbered (ii).
Mr Banda 11:20 a.m.
Mr Speaker, I beg to move, clause 2 paragraph (d), delete “that may be”.
It would read: “any other persons employed for the Service”.
Question put and amendment agreed to.
Mr First Deputy Speaker 11:20 a.m.
Hon Member for Bawku Central?
Mr Mahama Ayariga 11:20 a.m.
Mr Speaker, thank you very much.
Mr Speaker, fundamentally, I think that we need to consider the composition of what is referred to as the Judicial Service. The members of the Service have been mentioned and there is the Chief Justice who is the head of the Service.
Mr Speaker, as we know, the Judicial Service is under an existing CA 10 which is a bit more elaborate than what we have mentioned as members of the Judicial Service. Indeed, the Judicial Service in CA 10 covers all the Judges but in this current legislation we seek to restrict the membership of the Judicial Service. I do not see in the Memorandum sufficient explanation for departing from the arrangement in CA 10.
Mr Speaker, because I take a view that at the time of the enactment of the Constitution, what appears to have happened is that the Constitution has incorporated all Judges, from the Chief Justice to other Judges, and if subsequently a court is established, those Judges would come under the Constitution.
So the point is that do we need to have the Chief Justice alone as a member of the Judicial Service and leave out all the Judges because the Governing Council of the Judicial Service constitutes the Council? We are virtually re-enacting the Council which is in the Constitution. So why would we treat the Chief Justice separately from the other Judges as in clause 2 where it is said that the Chief Justice is a member of the Service but all the other Judges are not treated as members of the
Service? Yet, in the Constitution, the Chief Justice and all the Judges are members of the Judiciary and we know that the Chief Justice is a member of the Governing Council.
Mr Speaker, so strictly speaking, let us define the Judicial Service as the non-judges who have not been captured in the Constitution. Mr Speaker, this is my proposal. Let us take out the Chief Justice and fit all others who are not judges; from the Judicial Secretary to all the staff. The Chief Justice and the other Judges of the superior and lower courts have all been captured in the Constitution and the Court Act of 1993 (Act 459).
Mr Speaker, this is why I am saying that fundamentally the way this entire clause seeks to define the Judicial Service needs to be reconsidered. I would like to hear an explanation from the Hon Chairman and the Attorney- General and Minister for Justice on why they seek to treat the Chief Justice separately?
Mr First Deputy Speaker 11:20 a.m.
Hon Minority Leader?
Mr Iddrisu 11:20 a.m.
Mr Speaker, I beg to disagree with my Hon Colleague, Mr Mahama Ayariga. Mr Speaker, we are dealing with a nomenclature of technical words. The Judicial Service is akin to the Parliamentary
Mr First Deputy Speaker 11:20 a.m.
Item numbered (iii).
Mr Banda 11:20 a.m.
Mr Speaker, I beg to move, clause 3, headnote, delete “Object” and insert “Objects”.
Mr Iddrisu 11:20 a.m.
Mr Speaker, I beg to persuade the Hon Chairman to leave it as “object”. This morning I was discussing with the learned Attorney-General and Minister for Justice that “the object of the Service is to ensure an efficient and effective organisation of the Service”. Mr Speaker, I am not particularly happy with the use of the word “organisation” and also not happy with “administrative support system for the Judiciary” because their support is not only administrative.
Mr Speaker, so I am minded to persuade the Hon Chairman to leave the “object”. As late as 1.00 a.m. I sent a text message containing my proposed amendment to the Table Office. Mr Speaker, I would draw your attention to article 125 and also want us to borrow the words there as a guide.
Mr Speaker, Article 125(4) reads 11:30 a.m.
“(4) The Chief Justice shall, subject to this Constitution, be the Head of the Judiciary and shall be responsible for the administration and supervision of the Judiciary.”
So on the object, I would have proposed that the object of the Service is “to ensure an efficient and effective administration and supervision of the Judiciary”.
I do not know if the marriage of the words helps in the approval of the request for waivers? This object of the Service is what the Service would do to assist, maybe, the Chief Justice or the Judiciary in administering and supervising the Judiciary. I so propose. I am just thinking that there are too many words there.
We are establishing a Judicial Service to assist the Chief Justice and the Judiciary including the Judicial Council in the administration and supervision of the Judiciary. This is a proposal. We can make it neater if we want. If this flies, we do not need to say “objects”. However, as I said, I am trying to borrow the words in article 125 of the Constitution.
Mr First Deputy Speaker 11:30 a.m.
I cannot see the difference between your argument and what is here. It is just that it has been broken into two, but if we put them together, it is the same thing.
Yes, Hon Chairman?
Mr Banda 11:30 a.m.
Mr Speaker, I have listened to the Hon Minority Leader,
and he is urging this House to adopt the language of article 125(4) of the 1992 Constitution, if I am right?
Article 125(4) says and I quote with permission:
“(4) The Chief Justice shall, subject to this Constitution, be the Head of the Judiciary and shall be responsible for the administration and supervision of the Judiciary.”
Mr Speaker, this is a mandate vested in the Chief Justice by the Constitution. We cannot be seen seeking to vest any other person with this responsibility other than the Chief Justice. As for borrowing of words, we can borrow some of the words in article 125(4), but the way the Hon Minority Leader wants us to craft it, that it should include supervision of the Judiciary this is where I respectfully have a problem.
So Mr Speaker, probably, we can say for clause (3) that:
“The object of the Service is to ensure an efficient and effective administration and supervision of the Service and administrative support system for the Judiciary.”
Mr Speaker, it could be made neater in the course of the discussion, but this is how I would want it to be.

think there is the need to make any amendment because we have stated the object, and it has two aspects. I do not think we should change it to plural to make it “objects”. These are not two different things. As he said, the object of the Service is to ensure an efficient and effective (a) organisation; and (b) administrative support system for the Judiciary. This is all. They are not different objects. It is just one.
Mr Iddrisu 11:30 a.m.
Mr Speaker, with your leave, I withdraw my proposed amendment.
However, after “organisation”, can we add “management” to read “organisation and management of the Service”? I have no strong - is “organisation” enough instead of “organisation and management of the Service”?
Mr Ayariga 11:30 a.m.
Mr Speaker, this debate brings back the issue I raised earlier where we sought to separate the Chief Justice - this is because the Constitution is very clear. It says the Chief Justice shall, subject to this Constitution, and not subject to any other Act, be the Head of the Judiciary, and shall be responsible for the administration and supervision of the Judiciary. What does the Service do if not to provide administrative service?
Mr First Deputy Speaker 11:30 a.m.
So the Chief Justice is the head of the administration.
Hon Members, I would put the Question.
Mr Rockson-Nelson E. K. Dafeamekpor 11:30 a.m.
Mr Speaker, the argument has been urged on the House that we leave the “object” as it is without making it plural. If we carry the Question the way it is, then the “Object” would be plural. So we should take out the “s” and leave it.
Mr First Deputy Speaker 11:30 a.m.
The proposed amendment is to bring an “s” to it. This has not been withdrawn. If it is not withdrawn, I would put the Question unless the Hon Chairman seeks to withdraw that.
Mr Banda 11:30 a.m.
Mr Speaker, I would just drop the “s” in “Objects”.
Mr First Deputy Speaker 11:30 a.m.
In that case, there is no proposed amendment.
Mr Banda 11:30 a.m.
Mr Speaker, it is rightly so.
Mr First Deputy Speaker 11:30 a.m.
So I would go to item numbered (iv). Yes, Hon Chairman of the Committee?
Mr Banda 11:30 a.m.
Mr Speaker, once the first proposed amendment is
dropped, this one too is dropped; it is consequential.
Clause 3 ordered to stand part of the Bill.
Clause 4 -- Functions of the Service
Mr First Deputy Speaker 11:30 a.m.
Hon Chairman, item numbered (v).
Mr Banda 11:30 a.m.
Mr Speaker, this is also consequential.
Mr First Deputy Speaker 11:30 a.m.
Very well. Item numbered (vi)?
Mr Banda 11:30 a.m.
Mr Speaker, I beg to move, clause 4, paragraph (b), line 1, after “effective”, insert “and efficient”.
Question put and amendment agreed to.
Mr First Deputy Speaker 11:30 a.m.
Item numbered (vi), Hon Chairman?
Mr Banda 11:30 a.m.
Mr Speaker, that is also consequential.
Clause 4 as amended ordered to stand part of the Bill.
Clause 5 -- Composition of the Judicial Council
Mr Banda 11:30 a.m.
Mr Speaker, I beg to move, clause 5, opening phrase, delete and insert the following:
“In accordance with article 153 of the Constitution, the Judicial Council comprises”.
Mr Speaker, this is a provision from the Constitution.
Question put and amendment agreed to.
Mr Dafeamekpor 11:40 a.m.
Mr Speaker, there is no advertised amendment to clause 5(a); I raised the point at the Committee level and was defeated but I intend to raise it here.
Mr Speaker, my position is that the use of the word Chairman in clause 5(a) - I am of the opinion that even though the argument is that this is emanating directly from the Constitution, there is no consistency with that to the use of “chairperson” under clause 8, which is “Meetings of the Judicial Council”. In that provision, we have used “chairperson” throughout.
So Mr Speaker, my humble opinion is that for the sake of consistency, if we use “chairperson” --
Mr First Deputy Speaker 11:40 a.m.
The point is well made. We have to be consistent. If we choose “chairperson”, then we should use “chairperson” all through. If we use “chairman”, then we use “chairman” all through. Either of them can be interpreted to mean the same thing. We have to be consistent.
Mr Chireh 11:40 a.m.
Mr Speaker, despite the fact that the Constitution keeps “chairman” in all the articles, since 1993 we have always used “chairperson”. This is because we are also sensitive to rules of gender. So it is important that we change it. This is a subsidiary legislation so I propose that we amend it to “chairperson”.
Mr Iddrisu 11:40 a.m.
Mr Speaker, those of us who are literalists want “chairperson” being substituted for “chairman”. This could be seen as an amendment to article 153 of the Constitution which reads: “the Chief Justice who shall be the “Chairman”.
So let us use “Chairman” in order that tomorrow, somebody would go and say that Parliament amended the Constitution by changing “Chairman” to “Chairperson”. But if it is within our mandate to do so -- They would tell you that this provision is entrenched. So let us maintain what is in the Constitution and use “Chairman”
throughout instead of “Chairperson” to be on safer grounds.
Mr First Deputy Speaker 11:40 a.m.
Hon Attorney-General and Minister for Justice, I want to hear from you.
If we want to be consistent with what is in the Constitution, then we should use “Chairman” throughout. Otherwise, I think that there is absolutely nothing wrong with using “Chairperson”. It would all come back to the same thing.
Ms Akuffo 11:40 a.m.
Mr Speaker, as the Hon Minority Leader indicated earlier, as much as possible, we have tried to use the language of the Constitution. The Constitution refers to “Chairman” and so we repeated that and I would rather we remained consistent with the Constitution.
Thank you, Mr Speaker.
Mr First Deputy Speaker 11:40 a.m.
Very well. I would direct the draftspersons to substitute “Chairperson” with “Chairman” anywhere it appears in the Bill.
Mr Banda 11:40 a.m.
Mr Speaker, the rendition as it is now is “Chairman” but not “Chairperson”.
What we have in the Bill is “Chairman” but he wants it changed to “Chairperson”.
Mr First Deputy Speaker 11:40 a.m.
I agree with this one but other clauses use “Chairperson”.
Clause 5 as amended ordered to stand part of the Bill.
Clause 6 -- Functions of the Judicial Council
Mr Banda 11:40 a.m.
Mr Speaker, I beg to move, opening phrase, at end, add “to”.
Mr Speaker, we are just adding the preposition “to” to be part of the preamble in order to avoid the repetition of the preposition.
Question put and amendment agreed to.
Mr Banda 11:40 a.m.
Mr Speaker, I beg to move, paragraph (a), line 1, delete “to”.
Question put and amendment agreed to.
Mr Banda 11:40 a.m.
Mr Speaker, I beg to move, paragraph (b), line 1, delete “to”.
Question put and amendment agreed to.
Mr Banda 11:40 a.m.
Mr Speaker, I beg to move, paragraph (c), line 1, delete “to”.
Question put and amendment agreed to.
Mr Iddrisu 11:40 a.m.
Mr Speaker, in clause 6, it is also a direct lift from article 154 of the Constitution and with permission it reads:
“The functions of the Judicial Council …”
I just thought that for emphasis, just as we brought in article 153 in clause 5, in clause 6, too, we should bring in article 154. So it would read:
“The functions of the Judicial Service in accordance with article 154 are”.
Mr Speaker, then we would be on safe grounds.
Mr Banda 11:40 a.m.
Mr Speaker, I have no objection once it is from the Constitution.
Mr First Deputy Speaker 11:40 a.m.
Very well. So, kindly read the new rendition for the records.
Mr Iddrisu 11:40 a.m.
Mr Speaker, with your leave:
“The functions of the Judicial Service in accordance with article 154 of the Constitution are…”
Alhaji I. A. B. Fuseini 11:40 a.m.
Mr Speaker, I would advise that we phrase it like we did in clause 5.
“In accordance with article 154 of the Constitution, the functions of the …”
Question put and amendment agreed to.
Mr Iddrisu 11:40 a.m.
Mr Speaker, I am still the literalist. If we come to clause 6(c) and we go to the exact words of the Constitution, it reads:
“To perform any other function conferred on it by or under this Constitution…”
Here we are right as you are guiding us with the same thinking. What if we said: “conferred on the Judicial Council” even though the framers of the Constitution at the time did not say so. So if the modern purposive people think they can remove “conferred on it” literally as expressed in the Constitution, I have a difficulty. The Constitution says “conferred on it”. But I do not see anything wrong with us using “Judicial
Council” but we do not want anybody to say tomorrow that Parliament amended the words. Then tomorrow, anybody can choose two words in the Constitution and say that it does not matter; we can just substitute it for our purposes. So for those of us who are literalists, I would insist that we say “conferred on it”. I do not know what the modern drafter from Wa West would say? [Laughter].
Mr Chireh 11:40 a.m.
Mr Speaker, the argument of this literalist is a terrible thing. This is because the Constitution must be a living document and so when we change our ways, we should still use the language. In fact, when you look at it, it means that if in future, we are to amend the Constitution, we have to look at the practices that we have changed. This is not one thing that anybody would take to court. It is for clarity. If we say that, what does it mean? No judge would sit down and say that the Constitution has been amended.
Mr Speaker, let us remind ourselves that we are establishing or re-establishing the Judicial Service and not re-enacting what the Constitution provides for detailing. This is about the governing council of the Judicial Service and they have decided to re- enact it. This has nothing to do with the Judicial Council repeating -- to make sure there is clarity. So because
we have a Constitution which was drafted, we think that from hindsight it can be clearer than it is. We should say so. I think that if that is the case, we have broken the Constitution since 1993 because the words we use in some legislation do not conform to what is in the Constitution. We should not tie ourselves like that.
Mr First Deputy Speaker 11:50 p.m.
Yes, Hon Member for Bawku Central?
Mr Mahama Ayariga 11:50 p.m.
Mr Speaker, thank you very much. I think that the Hon Minority Leader's concerns will not in any way -- the conduct here will not in any way offend the Constitution - because the “it” in the Constitution refers to the Judicial Council. So if in the legislation, we mention the council specifically, I think we are not really amending the Constitution. If we had mentioned some other body, which is contemplated by the Constitution, then we would have been amending the Constitution. But here, the Constitution says, “it” which refers to the Judicial Council, then in an act, the Judicial Council is mentioned, I think the Constitution has not been amended. I think that I would plead with the Hon Minority Leader, that we allow this rendition to remain.
Alhaji I. A. B. Fuseini 11:50 p.m.
Mr Speaker, the Hon Minority Leader says he is a literalist; I agree with him, but his interpretation -- [Interruption] - Mr Speaker, the litmus test for an amendment of anything inconsistent in the Constitution is provided in article 1(2). The article does not say that a person is prevented from enacting an act of Parliament that clarifies the Constitution. It only says that that act must not be inconsistent with the Constitution.
Mr Dafeamkepor 11:50 p.m.
Mr Speaker, the same argument goes to clause 6, paragraph (b), the function of the forum that we seemed to ascribe to the Council does not commence until we get to assist. So to be a forum for consideration, all that are attributes.
For me, I think it is important that in this provision, we can state that the functions of the Council are, paragraph (b)”…to assist the Chief Justice” because to say that “…to be a forum for consideration and discussion of matters relating to the discharge…”, all those are not functions; they are just attributes.
Mr First Deputy Speaker 11:50 p.m.
Hon Member, arguments as contained in the Constitution.
Mr Dafeamekpor 11:50 p.m.
Mr Speaker, that is so.
Mr First Deputy Speaker 11:50 p.m.
Very well, we will not change that.
Question put and amendment agreed to.
I direct the draftspersons to remove all the “to” after the same has been brought up in clause 6.
Clause 7 -- Tenure of office of members of the Judicial Council
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 7, subclause (3), paragraph (a), line 3, delete “that person” and insert “the member”.
Mr Speaker, that is the correct word.
Question put and amendment agreed to.
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 7, subclause (5), line 2, delete “person” and insert “member”.
Question put and amendment agreed to.
Clause 7 as amended ordered to stand part of the Bill.
Clause 8 -- Meetings of the Judicial Council
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 8, subclause (1), line 2, delete “dispatch of business at the” and insert “conduct of business at a”.
Question put and amendment agreed to.
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 8, subclause (2), line 3, delete “the place and time” and insert “a time and place”.
Question put and amendment agreed to.
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 8, subclause (3), line 1, delete “eleven” and insert “nine” and in line 2, delete “of the Judicial Council”.
Question put and amendment agreed to.
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 8, subclause (4), line 1, delete “Chief Justice” and insert “Chairman” and in line 2, delete “chairperson” and insert “Chairman”.
Question put and amendment agreed to.
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 8, subclause (8), line 2, delete “its meetings” and insert “meetings of the Judicial Council”.
It is just to avoid the use of the possessive pronoun.
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Mr Iddrisu 11:50 p.m.
Mr Speaker, I would seek your leave and indulgence -- you would have to forgive me because I was not in the Chamber.
We have to rethink clause 2. I do not think that the Chief Justice must be designated as a member of the Service. He is the head of the Judiciary organ and the head of the Service. So, in listing members of the Service, he cannot be listed as member.
Mr First Deputy Speaker 11:50 p.m.
Hon Member, it has been stated.
“Members of the Service are:
(a)The Chief Justice who is the head”.
Mr Iddrisu 11:50 p.m.
Mr Speaker, we should change the headnote to read: “Head and members of the Service”, for clarity.
Mr Speaker, is the Rt Hon Speaker a member of the Parliamentary
Service? -- So how does the Chief Justice become a member of the Service? Mr Speaker, I am raising a fundamental issue. The Judiciary should not be confused as being same with the Judicial Service.
Mr Speaker, I have been guided by the Attorney-General and the Hon Yieleh Chireh who studied modern drafting. With your permission, I beg to read article 125 (3):
“The judicial power of Ghana is vested in the Judiciary…”
“(4) The Chief Justice shall, subject to this Constitution, be the Head of the Judiciary and shall be responsible for the administration and supervision of the Judiciary”.
Mr Speaker, he is not the head of the Judicial Service. So, if we make him a member of the Judicial Service, it is to reduce, Mr Speaker, your good self to be member of the Parliamentary Service headed by the Clerk to Parliament. How can we reduce the Chief Justice to that? We would have to rethink it.
12. 00 p.m.
Hon Alhaji Fuseini and Hon Yieleh Chireh went to do their modern drafting -- [Interruption] -- So, let
Mr Mahama Ayariga 11:50 p.m.
Mr Speaker, we refused to pay attention to this argument in the beginning, and it keeps coming back. I mean, the fundamental distinction that needs to be made between what the Judiciary is and what the Judicial Service is. I have argued that in my opinion, the Judiciary is where the judges belong to, and the Judicial Service is the administrative structure that provides support services to the Judiciary. So, even though the Constitution talks about the Judiciary and has a whole chapter on it, which is entrenched, when it comes to public services, it mentions a Judicial Service. Now, we would want to structure a Judicial Service, and the question is, should we make the Chief Justice a member of the Judiciary Service or not?
Mr Speaker, in my opinion, which keeps moving from one direction to the other, if we read the functions of the Chief Justice, it says that the Chief Justice shall, subject to the Constitution, be the head of the Judiciary, and shall be responsible for the administration and supervision of the Judiciary. Is the administration and supervision of the Judiciary related to the constitution of the bench? There
could be instances where cases are assigned to judges when they are to hear a matter in the Supreme Court. Is that the kind of administration that is being contemplated in Article 125 (4)? If that is it, then clearly, it is a separate matter from administration as relates to court clerks, services and other things, and that is what is contemplated under the mandate of a Judicial Service.
If that is the case, then do we want to bring the Chief Justice to be in that service, or the Judicial Secretary? Should it be the Judicial Secretary instead of the Chief Justice? I think that is where the Hon Minority Leader is raising this fundamental issue. We are not against the Bill, it should be passed, but there is clearly some confusion. When we look at history, we have the Judicial Service Act, 1960 (C. A. 10), and it was functioning before the Constitution came into being. It encapsulated the entire gamut of both the Judicial Service, and the Judiciary.
The Constitution has come, and has created a whole chapter just for the Judiciary, and has made it entrenched, yet, it goes to still mention a Judicial Service somewhere, and so, we would have to create that Judicial Service. So, how do we constitute it? That is where the confusion is, and I think that we should leave out the
Chief Justice and his Judiciary, and then have the Judicial Service, headed by the -- so, the Chief Justice is not a member of the Judicial Service. The Judicial Council oversees both of them, and the Chief Justice is there. Does it matter whether he is a member or not of the Judicial Service? It does not matter. What matters is that it is governed by the Judicial Council, and the Chief Justice is the Chair of the Judicial Council. He does not need to be a member of the Service to govern it. He is already a member of the Judiciary, and he is also the head of the Judiciary, in charge of the administration and functions of the Judiciary. So, let us leave out --
Mr First Deputy Speaker 11:50 p.m.
But where is the administration of the Judiciary?
Mr Ayariga 11:50 p.m.
Mr Speaker, it is in article 125 (4).
Mr First Deputy Speaker 11:50 p.m.
So, what is the administration of the Judiciary?
Mr Ayariga 11:50 p.m.
Mr Speaker, I also asked the same question. I asked whether the administration of the Judiciary means the empanelling of the court, the referral of cases, the assignment of judges etcetera. Those are, in my opinion, the administration
of the Judiciary, but services involve the court clerks and the others, the administrative services that they provide to support the Chief Justice.
Matters that relate to their promotion, their welfare etcetera, needs to be governed by another body, and that is the body that is contemplated under the Judicial Service. So, the Chief Justice does not need to be a member of the Judicial Service in order to run the Judicial Service. The Judicial Service would be run by the Judicial Council and the Chief Justice, instead of the Council. So, let us take him out of the definition of the Judicial Service because the Constitution does not define him as a member of the Judicial Service. It defines him as a member of the Judiciary, and the Judiciary does not necessarily mean the Judicial Service.
Mr First Deputy Speaker 11:50 p.m.
And he is responsible for the administration of the Service?
Alhaji I. A. B. Fuseini 11:50 p.m.
Mr Speaker, there are two questions. If we take the Chief Justice out of the Judicial Service, then where would we put him? We would have no place to put the Chief Justice. That is the first question .The second thing that we would all have to know is that from the independence of this country, we have always known that the Chief Justice plays dual functions. That was
Mr Ayariga 11:50 p.m.
Is the Hon Speaker an Hon Member of Parliament? The Hon Speaker is sitting here, but he is not an Hon Member of Parliament.
Alhaji I. A. B. Fuseini 11:50 p.m.
We are talking about the Judiciary, we are not talking about Parliament.
Mr Ayariga 11:50 p.m.
It is the same thing.
Alhaji I. A. B. Fuseini 11:50 p.m.
No, it is not the same thing. First of all, the law does not say that an Hon Member of Parliament must be the Speaker. However, the Constitution says that the Chief Justice is head of the Judiciary. There is no law on Parliament which says that the Speaker is the head of Parliament. So, we should not be mixing the two. [Interruption] -- [Pause] --
Mr First Deputy Speaker 11:50 p.m.
Sorry, I was seeking advice.
Alhaji I. A. B. Fuseini 11:50 p.m.
I needed to stop, so that you could finish conferring.
Mr First Deputy Speaker 11:50 p.m.
Please continue.
Alhaji I. A. B. Fuseini 11:50 p.m.
Mr Speaker, I am saying that first of all, we need to understand that the Judiciary is not like Parliament. Judges are not elected to their offices, and because the Speaker is not elected, he cannot be the head of the Service. These people get recruited and go through a system to become the head. That is the first thing.
The second thing that we all need to know is that the Judicial Service is being created for the purposes of administering the Service that is
contemplated, for which a Judicial Council has been provided.
12. 10 p.m.
The third thing is that we all know through our constitutional law practice that the first Prime Minister of this country, who subsequently became a President removed Chief Justice Korsah and the argument was that the President had interfered in the Judiciary. The President said he did not interfere in the Judiciary. But the Chief Justice was also performing an administrative function and that is executive in nature and he was sacking him as Head of the administrative side of the Judiciary and not as Judge.
This should lead us to understand one thing that the Chief Justice, because of the nature of the office, is performing an administrative function of all the members of staff of the Judicial Service. All of them would have to look up to the Chief Justice for their salaries; it is a constitutional matter. Even the Chief Justice, and the Hon Member knows that he is responsible for the assignment of cases -- [Interruption] -- as well as even empanelling the Courts. So, that is why clause 2 of the Bill says that the Chief Justice is the head of the Judicial
Service, and as members, he is also the head of the Judicial Service.
Mr First Deputy Speaker 11:50 p.m.
Hon Members, we have taken a decision on that; any Member who wishes to bring that back for Second Consideration, may do so. Please let us proceed.
Clause 9 is ordered to stand part of the Bill.
Clause 10 -- Establishment of Committees.
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 10, delete and insert the following:
“(1) The Judicial Council may establish committees consisting of members of the Board or non-members or both to perform a function of the Judicial Council.
(2) A committee composed of members and non-members of the Judicial Council shall be chaired by a member of the Judicial Council.
(3) Section 9 applies to members of a committee of the Council.”
Mr Speaker,
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 11, line 2, after “paid”, delete “the”.
Question put and amendment agreed to.
Clause 11 as amended, ordered to stand part of the Bill.
Clauses 12, 13 and 14 ordered to stand part of the Bill.
Clause 15 -- Appointment of other officers and employees of the Court
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 15, line 2, delete “those” and insert “the officers and employees”.
Question put and amendment agreed to.
Clause 15 as amended, ordered to stand part of the Bill.
Clause 16 -- Divisions of the Service.
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 16, line 2, before “efficient”, insert “effective and”.
Question put and amendment agreed to.
Clause 16 as amended, ordered to stand part of the Bill.
Clauses 17 and 18 ordered to stand part of the Bill.
Clause 19 -- Funds of the Service
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 19, paragraph (d), line 1, delete “that are”.
Mr Speaker, it would now read 11:50 p.m.
“Any other moneys approved by the Minister for Finance”.
Question put and amendment agreed to.
Clause 19 as amended, ordered to stand part of the Bill.
Clauses 20, 21 and 22 ordered to stand part of the Bill.
Clause 23 -- Accounts and audit
Mr Banda 11:50 p.m.
Mr Speaker, I beg to move, clause 23, subclause (2), lines
2 and 3 delete “within three months after” and insert “at”.
Mr Speaker, it would now read 12:20 p.m.
“The Judicial Council shall submit the accounts of the Service to the Auditor-General for audit at the end of the financial year.
“(1) The Judicial Council shall keep books of accounts, records, returns and other documents relevant to the accounts in the form approved by the Auditor- General.
(2) The Judicial Council shall submit the accounts of the Service to the Auditor- General for audit at the end of the financial year.
(3) The Auditor-General shall, at the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the Judicial Council.”
Question put and amendment agreed to.
Clause 23 as amended, ordered to stand part of the Bill.
Clause 24 ordered to stand part of the Bill.

Clause 25 -- Annual reports and other reports
Mr Banda 12:20 p.m.
Mr Speaker, I beg to move, clause 25, delete and insert the following:
“The Judicial Council shall, within thirty days after the receipt of the annual report, submit copies of the report to Parliament and the Chief Justice with a statement that the Judicial Council considers necessary.”
Mr Chireh 12:20 p.m.
Mr Speaker, I do not seem to follow the Hon Chairman on the amendment because he is saying that we should delete and what he has captured is only one aspect of the whole of clause 25. Is he saying that the rest should go? He is not deleting only subclause 1 but saying that we should delete clause 25, and that is a problem for me.
Mr First Deputy Speaker 12:20 p.m.
It looks like the new one combines all the three and it thus reads with permission:
“The Judicial Council shall, within thirty days after the receipt of the annual report, submit
Mr Chireh 12:20 p.m.
Mr Speaker, the original clause has four subclauses. Is he deleting the rest and just capturing this to replace the four? That is my question.
Mr Banda 12:20 p.m.
Mr Speaker, I realised that in the original clause 25, there is no “Parliament” and we wanted clause 25 to be crafted in a way that the Judicial Secretary would be obligated to submit a copy of the Audit Report to Parliament. So, that explains why this proposed amendment has been captured.
Mr First Deputy Speaker 12:20 p.m.
Hon Chairman, there was “Parliament”, in the old clause 25 (3) but I see that all the things they are supposed to do have been combined in this short sentence in the new clause 25. Everything is there.
Question put and amendment agreed to.
Clause 25 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 12:20 p.m.
Hon Chairman, is the new clause supposed to replace clause 26?
Mr Banda 12:20 p.m.
Mr Speaker, are you referring to item (xxvii)?
Mr First Deputy Speaker 12:20 p.m.
Yes, is item (xxvii) supposed to replace clause 26 in the Bill?
Mr Banda 12:20 p.m.
No, Mr Speaker, this is a new clause.
Mr First Deputy Speaker 12:20 p.m.
Very well, so clause 26 would remain.
Clause 26 ordered to stand part of the Bill.
Mr First Deputy Speaker 12:20 p.m.
Hon Chairman, the new clause is on Regulations?
Mr Banda 12:20 p.m.
Yes Mr Speaker. I beg to move, new clause, add the following new clause:
“Regulations
In accordance with article 159 of the Constitution, the Chief Justice may, acting in accordance with the advice of the Judicial Council and with the approval of the President, by constitutional instrument, make regulations for the
efficient performance of the functions of the Judicial Service.”
Mr First Deputy Speaker 12:20 p.m.
Why should the President approve regulations in the Judiciary? The amendment reads : “the Chief Justice may, acting in accordance with the advice of the Judicial Council and with the approval of the President…” Does the Constitution say so, that it should be ` `with the approval of the President?`` I am not sure of that.
Mr Chireh 12:20 p.m.
Mr Speaker, I think that the Constitution provides for it that is why it is captured like that.
Mr First Deputy Speaker 12:20 p.m.
Very well, it is there, 159.
Question put and amendment agreed to.
Clause 27 -- Interpretation
Mr Banda 12:20 p.m.
Mr Speaker, I beg to move, clause 27, interpretation of “Judicial Service post”, delete.
It has become redundant because of an amendment that we made at clause 2 (c). Clause 2 (c) takes care of “Judicial Service post“ so we thought that it had become redundant.
Question put and amendment agreed to.
Clause 27 as amended ordered to stand part of the Bill.
Clause 28 -- Repeal and savings
Mr Banda 12:20 p.m.
Mr Speaker, I beg to move, clause 28, subclause (1), delete and insert the following:
“(1) The following enactments are repealed:
(a)Judicial Service Act, 1960 (C.A, 10); and
(b) Judicial Service (Amendment) Law. 1984 (P.N.D.C.L. 89).”
Question put and amendment agreed to.
Mr First Deputy Speaker 12:20 p.m.
Item numbered (xxx)?
Mr Banda 12:30 p.m.
Mr Speaker, I beg to move, clause 28, subclause (2), line 1, after “10,” insert “and P. N. D. C.
L. 89”.

Question put and amendment agreed to
Mr Banda 12:30 p.m.


Clause 29 ordered to stand part of the Bill.
Mr Banda 12:30 p.m.
Mr Speaker, there is one outstanding clause to which the Hon Minority Leader raised an issue which has not been resolved yet and that is “membership of the Service''.
Mr First Deputy Speaker 12:30 p.m.
Hon Chairman, a decision was taken and so if anybody wants to bring it to a Second Consideration, it is open to the person. Unless you want to propose an amendment to it. Otherwise, I would continue with the Long Title.
The Long Title ordered to stand part of the Bill.
Mr First Deputy Speaker 12:30 p.m.
Hon Members, that brings us to the end of the Consideration Stage of the Judicial Service Bill, 2020.
Mr First Deputy Speaker 12:30 p.m.
Hon Majority Chief Whip?
Mr Ameyaw-Cheremeh 12:30 p.m.
Mr Speaker, we could take item numbered 72.
Mr First Deputy Speaker 12:30 p.m.
Yes, Hon Minister for Communications?
MOTIONS 12:30 p.m.
Minister for Communications (Mrs Ursula Gifty Owusu-Ekuful) 12:30 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 128 (1) which requires that when a bill has been read a second time it shall pass through a consideration stage which shall not be taken until at least forty- eight hours have elapsed, the consideration stage of the Cybersecurity Bill, 2020 may be taken today.
Mr Ras Mubarak 12:30 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 12:30 p.m.
Hon Members, item numbered 73 -- the Cybersecurity Bill, 2020 at the Consideration Stage.
Mr Boamah 12:30 p.m.
Mr Speaker, we are now being given copies of the Bill.
An Hon Member 12:30 p.m.
Mr Speaker, he was not in the House yesterday.
Mr Boamah 12:30 p.m.
I was in the House yesterday, till late. I was with the Hon Chairman of the Committee and we even went through the amendments --[Interruption] -- He could ask the Hon Chairman , he just gave me a copy. [Interruption] - What is that? Mr Speaker, does the Hon Member not want us to participate?
Mr First Deputy Speaker 12:30 p.m.
Hon Member, you do not have a copy, so speak for yourself.
BILLS -- CONSIDERATION 12:30 p.m.
STAGE 12:30 p.m.
Chairman of the Committee (Mr Federick Opare-Ansah) 12:30 p.m.
Mr Speaker, since there are no listed amendments from clause 1 to 30, you could mention the range and put the Question on them so that we could move faster. [Interruption] -- The reason the Mace has been tilted is that the rules are relaxed.
Mr First Deputy Speaker 12:30 p.m.
Available Hon Leader for the Minority, what is your view? Do you want them to be taken together?
Mr Chireh 12:30 p.m.
Mr Speaker, that is the practice but it also depends on your style. In many cases when there are no advertised amendments, the clauses are mentioned in a block for the Question to be put on them , that they become part of the Bill. That goes faster but if you allow some other people, they would just indicate typographical error or something. The main point is that with this Bill, clause 1 to 30 have no amendments listed on them and today is a Friday.
Mr First Deputy Speaker 12:30 p.m.
Hon Chairman, has it gone through winnowing?
Mr Opare-Ansah 12:30 p.m.
Mr Speaker, all those troublesome winnowers --
Mr First Deputy Speaker 12:30 p.m.
Hon Chairman, did you speak into the microphone?
Mr Opare-Ansah 12:30 p.m.
Mr Speaker, we are friends and I am part of them who cause trouble here.
Mr Ahiafor 12:30 p.m.
Mr Speaker, I support the proposal of the Hon Chairman, except that we are not troublesome.
Mr Opare-Ansah 12:30 p.m.
Mr Speaker, I withdraw the word “troublesome''.
Mr First Deputy Speaker 12:30 p.m.
Very well.
Clauses 3 to 30 ordered to stand part of the Bill.
Clause 31 -- Sources of moneys for the Fund
Mr Opare-Ansah 12:30 p.m.
Mr Speaker, I beg to move, clause 31, add the following new paragraphs:
“a charge to be determined by the Authority and levied on all persons licensed by the Bank of Ghana to carry on a business, in accordance with the Fees and Charges Act, 2018 (Act 983);
a proportion of the fees charged on all government e-services determined by the Authority in accordance with the Fees and Charges Act, 2018 (Act 983);
a levy to be imposed by Parliament on all e-services”.
Mr Speaker, when the Committee presented this Report yesterday, we made a point that with the sources of fund that would be created for the Authority, there was the need to improve the revenue strips so these clauses would make provisions to improve the sources of funds for the Fund.
Mr Ras Mubarak 12:40 p.m.
Mr Speaker, the Hon Chairman's point is very apt because this is a critical Bill and what the Authority seeks to do is so important to protect our critical infrastructure.

The Authority needs a guaranteed source of funding and I believe that with this particular proposed amendment to the Bill, it would give them that guaranteed source of funding. So I support the proposed amendment by the Chairman of the Committee.

Question put and amendment agreed to.

Clause 31 as amended ordered to stand part of the Bill.

Clauses 32 -- 68 ordered to stand part of the Bill.
Mr First Deputy Speaker 12:40 p.m.
Hon Members, clauses 69 to 74 stand in the name of the Hon Member of Ningo Prampram, Hon George Nartey.
Is anybody willing to move his amendments for him? Very well, in his absence, I will put the specific Questions on those clauses in the Bill.
Clause 69 ordered to stand part of the Bill.
Clause 70 ordered to stand part of the Bill.
Clause 71 ordered to stand part of the Bill.
Clause 72 ordered to stand part of the Bill.
Clause 73 -- Application for interception of content data.
Mr Quashigah 12:40 p.m.
Mr Speaker, I seek your leave and with the authority of the Hon Sam George to move this amendment. When we take a critical look at clause 73 and even clause 72, we realised that the National Security
Authority which is also proposing to bring before this House a Bill has large similarities and the thinking is that these functions would be more suitable under the National Security Bill that is soon to be brought before this House.
Mr Speaker, we believe strongly that when we make laws, we would want to ensure that there is some harmony so as to avoid duplication. In anticipation of possible duplication, it would be necessary as it were to put in perspective the laws that we are currently making. We think that these clauses are best suited to be under the National Security Bill.
When we look at cybersecurity and the kind of job that the National Security Authority does, it obviously falls within the remit of the National Security Authority .The reason we think that the Cybersecurity Bill, 2020 which is under the Ministry of Communications, which is supposed to be a regulator, should not be delving into issues of interception of content, data, et cetera is that it is not their mandate.
Mr Speaker, so, it would be prudent and proper to lift some of these aspects into the National Security Bill which is already before this House. We are likely to take it, may be, tomorrow, Saturday.
Mr Quashigah 12:40 p.m.
Mr Speaker, rightly so.
Mr First Deputy Speaker 12:40 p.m.
Very well, your point is well made. Hon Chairman of the Committee that is his argument.
Mr Opare-Ansah 12:40 p.m.
Mr Speaker, I am surprised at my Hon Colleague across the aisle and the argument that he is making. First of all, with his reference to a National Security Bill that is in this House, I am not aware. There is no National Security Bill before this House. What we have before us is the Cybersecurity Bill, 2020 which we are dealing with. If he has knowledge of some Bill which seems to have something to do with what we are doing and he wants to talk about it, I would advise him to research properly and pay attention to what happens on the floor of the House because we have already passed some Bills that belong to the
National Security Authority which has nothing to do with what we are doing. Everything we are doing here is grounded properly in the Convention on Cybercrime which this House ratified after the President acceded to it and all these provisions are in line with the provisions of that convention.
Mr Speaker, I am confident that the House and the Committee are on a right path.
Question put and amendment negatived.
Clause 73 ordered to stand part of the Bill.
Clause 74 -- Issue of interception warrant for content data.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I beg to move, clause 74, add the following new subclause:
“Subject to the provisions of this section, the Chief Justice shall designate a court or a justice of the High Court for the purpose of considering a request for warrant made under this section at times and instances where the need arises.”
Mr Speaker, the Committee took note of the fact that in certain jurisdictions, there is authority given to certain levels of officers in some investigative agencies to have the capacity to order the interception of traffic and content data even before securing a court warrant.

But our Committee felt that we could not make that proposition. However, we want the Chief Justice to make available the designated courts or judges to whom these officers could at any time, as the need arises go to, to procure the requisite warrant.

Mr Speaker, so, this is what this particular amendment proposes to do.

Question put and amendment agreed to.

Clause 74 as amended ordered to stand part of the Bill.
Mr Shaibu Mahama 12:50 p.m.
Mr Speaker, I noted that item (viii) is an additional subclause. I seek to propose a further amendment to item (viii).
Mr First Deputy Speaker 12:50 p.m.
Hon Member, you waited till I had put the Question on it. Let me hear your further amendment.
Mr S. Mahama 12:50 p.m.
Mr Speaker, thank you for the opportunity. If we say; ‘at times and instance' -- ‘Subject to the provisions of these sections, the Chief Justice shall designate the court or a justice of the High Court for the purpose of considering a request for warrant made under this section'.
It can end there.
Mr First Deputy Speaker 12:50 p.m.
Hon Member, are you suggesting that we can delete ‘at times and instances under this section where the need arises'?
Hon Chairman, the Hon Member says that last --
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I have no quarrel with him, I agree with him.
Question put and amendment agreed to.
Clause 74 as amended ordered to stand part of the Bill.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I beg to move, clause 87 subclause (2), paragraph (c), delete “the”.
Question put and amendment agreed to.
Clause 87 as amended ordered to stand part of the Bill.
Clauses 88 to 95 ordered to stand part of the Bill.
Clause 96 -- Interpretation
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I beg to move, clause 96 Interpretation of “designated officer”, paragraph (j), before “competent”, insert “Attorney-General, acting upon the request of a”.
Mr Speaker, we were listing persons who would have authority to undertake certain actions according to the law and as you can see from the list, they are all specified officers in various agencies except that line which sought to include an authorised officer of a foreign entity bringing in a
request. That request must fall on somebody in this country and upon consultations, we agreed that the Attorney-General and Minister for Justice is the right person.
So, this is the aspect that changed.
Question put and amendment agreed to.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I beg to move, clause 96, Interpretation of “designated officer”, add the following new paragraph:
“the National Security Coordinator;”
Mr Speaker, this was an omission in the original list. He is a very important personality in the scheme of things and must have that power as well.
Question put and amendment agreed to.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I beg to move, clause 96 Add the following new interpretation: “‘E- Services' means goods and services provided electronically by a Service Provider;”
Mr Speaker, the amendment we made in clause 31 introduced the words; “E-Services” in the third
paragraph that we added and we sought to define that here.
Question put and amendment agreed to.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I beg to move, clause 96 add the following new interpretation: “‘Government e-Services' means all government goods and services applied for electronically;”
Mr Speaker, same reason as the previous reason given.
Question put and amendment agreed to.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I think that item (xvii) was repeated in error. It is the same as the item numbered (xvi).
Question put and amendment agreed to.
Clause 96 as amended ordered to stand part of the Bill.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, I beg to move, add the following new clause:
“Unlawful access
A person who without lawful authority retrieves subscriber information or intercepts traffic data or content data commits an offence and is liable on summary convention to a fine of not less than two thousand, five hundred penalty units and not more than fifteen thousand penalty units or to a term of imprisonment of not less than two years and not more than five years, or to both.”
Mr Speaker, after careful consideration of the Bill, we found that whereas in clause 40, we have outlawed unauthorised access. So that somebody without authority who accesses this system would have committed an offence but we did not outlaw someone who is authorised but unlawfully intercepts content data and so on.
Mr Speaker, somebody may have authorised access but he does not go about this lawfully.
Mr First Deputy Speaker 12:50 p.m.
He is abusing his authority.
Mr Opare-Ansah 12:50 p.m.
Mr Speaker, so, this provision is to cater for that.
Mr Quashigah 12:50 p.m.
Mr Speaker, I just want to correct the word; “convention” on the fourth line to ‘conviction'. I think it is a typographical error.
Mr Opare-Ansah 1 p.m.
Mr Speaker, this time, he got it right.

Question put and amendment agreed to.

Clauses 97 to 99 ordered to stand part of the Bill.

First Schedule to Third Schedule ordered to stand part of the Bill.

The Long Title ordered to stand part of the Bill.
Mr First Deputy Speaker 1 p.m.
That brings us to the end of the Consideration Stage of the Cybersecurity Bill, 2020.
Mr Ameyaw-Cheremeh 1 p.m.
Mr Speaker, item numbered 74 -- Motion, and then we do item 75.
Mr First Deputy Speaker 1 p.m.
Hon Chief Whip, I have to leave so I will suspend Sitting; the Rt Hon Speaker will take the rest.
What is the Motion about? Very well, he has just come in so, I will do that so that I do not have to suspend Sitting.
Item numbered 74.
Minister for Communications (Mrs Ursula G. Owusu-Ekuful) (MP) 1 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which requires that when a Bill has passed through the Consideration Stage, the third reading thereof shall not be taken until at least twenty-four hours have elapsed, the Motion for the third reading of the Cybersecurity Bill, 2020 may be moved today.
Mr Ras Mubarak 1 p.m.
Mr Speaker, I rise to second the Motion.
Question put and Motion agreed to.
Mr Ameyaw-Cheremeh 1 p.m.
Mr Speaker, we may return to the items numbered 77 and 78. Some consultations have been done, and we can do the Third Reading of the Judicial Service Bill, 2020.
Mr First Deputy Speaker 1 p.m.
Item numbered 77.
Hon Attorney-General and Minister for Justice, you may move the Motion.
MOTIONS 1 p.m.
Mr Ras Mubarak 1 p.m.
Mr Speaker, I beg to second the Motion.
MR SPEAKER
BILLS -- THIRD READING 1:05 p.m.
Mr Ameyaw-Cheremeh 1:05 p.m.
Mr Speaker, if we can consider the item numbered 4 -- Presentation of Papers.
Mr Speaker 1:05 p.m.
Item numbered 4 -- Presentation of Papers.
Item numbered 4(a)(i) - Chairman of the Finance Committee?
PAPERS 1:05 p.m.
Dr Mark Assibey-Yeboah 1:10 p.m.
Mr Speaker, the Paper captured in item 4(a)(ii) is not ready. Likewise 4(a)(iii), (iv) and (v) so, if we could move on to the item listed 4(a)(vi)?

So if we can move to item numbered (vi).
Mr Speaker 1:10 p.m.
Item numbered (vi).
(vi) Report of the Finance Committee on the Additional Financing Agreement between the Government of the Republic of Ghana
(represented by the Ministry of Finance) and the International Development Association (IDA) for an amount of one hundred and thirty million United States dollars (US$130,000,000.00) to finance the Ghana COVID-19 Emergency Preparedness and Response Project.
(vii) Report of the Finance Committee on the Loan Agreement between the Government of the Republic of Ghana (represented by the Minister for Finance) and Kreditanstalt fur Wiederaufbau (KfW), Frankfurt am Main for an amount of fifteen million euros (€15,000,000.00) to finance the Renewable Energy and Energy Efficiency Programme (14MWs Utility Scale Solar Photovoltaic Project [Phase II] in the Upper West Region).
(viii) Report of the Finance Committee on the On- Lending Agreement between the Government of the Republic of Ghana (represented by the Minister for Finance) and Volta River Authority (VRA) for an
amount of fifteen million euros (€15,000,000.00) to finance the Renewable Energy and Energy Efficiency Programme (14MWs Utility Scale Solar Photovoltaic Project [Phase II] in the Upper West Region).
(ix)Report of the Finance Committee on the Loan Agreement between the Government of the Republic of Ghana (represented by the Minister for Finance) and Kreditanstalt fur Wiederaufbau (KfW), Frankfurt am Main for an amount of forty million euros (€40,000,000.00) for Reform Financing (Budget Support) Within the Framework of the Reform Partnership for Investment Promotion and Good Financial Governance.
(x) Report of the Finance Committee on the Finance Contract Agreement between the Government of the Republic of Ghana (represented by the Minister for Finance) and the European Investment Bank for an amount of one hundred and seventy million euros
(€170,000,000.00) for the establishment of the Development Bank Ghana
(DBG).
Dr Assibey-Yeboah 1:10 p.m.
Mr Speaker, item numbered (xi) is not ready, as well as items numbered (xii), (xiii) and (xiv) which have also been repeated as items numbered (iii), (iv) and (v). Mr Speaker, all these are not ready so we can move to item numbered (xv).
Mr Speaker 1:10 p.m.
Very well. Item numbered (xv).
(xv) Report of the Finance Committee on the Term Loan Facility Agreement among the Government of the Republic of Ghana (represented by the Ministry of Finance), Deutsche Bank AG, Frankfurt Branch (as Arranger and Original Lender), and TMF Global Services (UK) Limited (as Facility Agent) for an amount of sixty-six million, two hundred and sixty-four thousand, two hundred and seventy-five euros (€66,264,275.00) to finance the Design and Construction of 85KMs of Arterial Roads and Critical Local Road Development Project in Teshie-Nungua, Accra.
Dr Assibey-Yeboah 1:10 p.m.
Mr Speaker, item numbered (xvii) is not ready so we would take items numbered (xx) and (xxi).
Mr Speaker 1:10 p.m.
Very well.
(xx) Report of the Finance Committee on the Term Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Investec Corporate and Institutional Banking (a division of Investec Bank Limited) for an
amount of one hundred and eighty-five million, eight hundred and eighty-eight thousand, five hundred and eighty-two euros (€185,888,582.00 [including EKN Premium]) to finance the Rehabilitation of the Effia Nkwanta Hospital and the Construction of a Regional Hospital in the Western Region of the Republic of Ghana.
(xxi)Report of the Finance Committee on the Term Loan Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Investec Corporate and Institutional Banking (a division of Investec Bank Limited) for an amount of twenty-eight million, five hundred thousand euros (€28,500,000.00) to finance the Rehabilitation of the Effia Nkwanta Hospital and the Construction of a Regional Hospital in the Western Region of the Republic of Ghana.
Mr Speaker 1:10 p.m.
Item numbered 4(b) -- Hon Chairman of the Committee on Roads and Transport.
By the Chairman of the Committee --
(i) Report of the Committee on Roads and Transport on the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Transport) and VDL Bus Roeselare N.V. of Belgium for an amount of twelve mil l ion, one hundred and eighty-two thousand, five hundred euros (€12,182,500.00) for the Procurement of 45 Intercity VDL Buses for Public Transport, Spare Parts, Tools and Technical Assistance/Training Services to the Ministry of Transport of the Republic of Ghana (Contract 1).
(ii)Report of the Committee on Roads and Transport on the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Transport) and VDL Bus Roeselare N.V. of Belgium for an amount of eleven million, five hundred and ninety-four thousand, two hundred and three euros (€11,594,203.00)
for the Procurement of 55 Intercity VDL Buses for Public Transport, Spare Parts, Tools and Technical Assistance/Training Services to the Ministry of Transport of the Republic of Ghana (Contract 2).
(iii) Report of the Committee on Roads and Transport on the Design-Build Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Roads and Highways) and Gabriel Couto-Rango Consortium for an amount of sixty-five million euros (€65,000,000.00) for the Design and Construction of 85KMs of Arterial Roads and Critical Local Road Development Project in Teshie-Nungua, Accra.
Mr Speaker 1:10 p.m.
Item numbered 4(c) -- Hon Chairman of the Committee on Health?
Dr Twum-Nuamah 1:10 p.m.
Mr Speaker, respectfully, it is only item numbered (iii) that is ready.
Mr Speaker 1:10 p.m.
Very well.
Item numbered (iii).
Mr Speaker 1:10 p.m.
Item numbered 4(d) -- Hon Chairman of the Committee on Defence and Interior.
Hon Majority Chief Whip, which item is next?
Mr Ameyaw-Cheremeh 1:10 p.m.
Mr Speaker, item numbered 57 on page 44 of the Order Paper.
Mr Speaker 1:20 a.m.
Item listed 57, procedural Motion. Hon Chairman of the Committee?
Mr Gyamfi 1:20 a.m.
Mr Speaker, I would be moving items listed 57, 60 and 63, these motions come in one Report.
MOTIONS 1:20 a.m.
Chairman of the Committee (Mr Emmanuel Akwasi Gyamfi) 1:20 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 Committee on Mines and Energy on the Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada West Lease Area [Ada Songhor]) may be moved today;
That notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Committee on
Mines and Energy on the Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada West & East Lease Area [Ada Songhor “B”]) may be moved today;
That notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Committee on Mines and Energy on the Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada East Lease Area [Ada Songhor “C”]) may be moved today.
Mr Moses Anim 1:20 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mining Lease Agreements between the Government of the
Republic of Ghana and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada Songhor “A”, “B”
and “C”).
Chairman of the Committee (Mr Emmanuel Akwasi Gyamfi) 1:20 a.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee on Mines and Energy on the Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada West Lease Area [Ada Songhor]);
That this honourable House adopts the Report of the Committee on Mines and Energy on the Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada West & East Lease Area [Ada Songhor “B”]); and
That this honourable House adopts the Report of the Committee on Mines and Energy on the Mining Lease Agreement between the
Chairman of the Committee (Mr Emmanuel Akwasi Gyamfi) 1:20 a.m.
Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada East Lease Area [Ada Songhor “C”]).
That this honourable House adopts the Report of the Committee on Mines and Energy on the Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada East Lease Area [Ada Songhor “C”]).
Mr Speaker, in doing so, I present the Committee's Report.
1.0 Introduction
1.1 The Under-listed Mining Lease Agreements in respect of the Ada Songor Salt Project were laid in Parliament for ratification on Wednesday, 4th November, 2020 by the Hon Minister for Parliamentary Affairs, Mr Osei Kyei-Mensah- Bonsu on behalf of the Hon Minister for Lands and Natural Resources, Mr Kwaku Asomah-Cheremeh pursuant to article 268(1) of the Constitution and section 5(4) of the Minerals and Mining Act of 2006 (Act 703):
i. Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada West Lease Area [Ada Songhor]).
ii. Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada East Lease Area [Ada Songhor “B”]).
iii. Mining Lease Agreement between the Government of the Republic of Ghana (represented by the Ministry of Lands and Natural Resources) and Electrochem Ghana Limited in respect of the Ada Songhor Salt Project (Ada East Lease Area [Ada Songhor “C”]).
1.2 The Leases were subsequently referred to the Committee on Mines and Energy by the Rt. Hon. Speaker, for consideration and report to the
House pursuant to Order 188 of the Standing Orders of Parliament.
2.0 Deliberations
The Committee met on Wednesday, 4th November, 2020 and considered the Leases. Present at the meeting were the Hon. Deputy Minister for Lands and Natural Resources, Mr. Benito Owusu-Bio and a technical team from the Ministry of Lands and Natural Resources and the Minerals Commission.
3.0 Reference Documents
In considering the Leases, the Committee made references to the under-listed documents:
i. The 1992 Constitution;
ii. The Standing Orders of Parliament;
iii. The Minerals and Mining Act, 2006 (Act 703);
iv. Environmental Protection Act, 1994 (Act 490);
v. Water Resources Commi- ssion Act, 1996 (Act 522);
vi. Minerals Income Investment Fund Act of 2018 (Act 978);
vii.Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I.
2182);
viii. Minerals and Mining General Regulations 2012, (L.I.
2173);
ix. Environmental Assessment Regulations, 1999 (L.I. 1652); and
x. Supreme Court Ruling on the Republic v High Court, Accra: Ex Parte Attorney- General (Exton Cubic Group Ltd, Interested Party)

(Unreported) Civil Motion No. JS/40/2018.

3.0 Background and Rationale for the ratification of the Leases

3.1 In the early 1970s, some investors acquired lands in the Ada Songor area from various clans to produce salt. The investors subsequently acquired leases from Government in line with PNDCL 153 for their production operations. However, due to conflict which erupted between the people of Ada and the investors, the Government had to intervene, and in 1992 cancelled the 30-year mining
Mr Speaker, it goes on to say 1:20 a.m.
“After the cancellation of the leases, Government established an entity to utilise the facilities of the Vacuum Salt Products Ltd to continue to produce salt in the interim while a permanent solution was being sought for the establishment of a more sustainable salt industry in the area.”
Mr Ameyaw-Cheremeh 1:20 a.m.
Mr Speaker, the Hon Member who just spoke said he was contributing to the Debate. He did not indicate that he was seconding the Motions. If he may say so for the records?
Mr Ntow 1:20 a.m.
Mr Speaker, I thank you. I beg to second the Motion, contribute and make the observations as I have already indicated.
I thank you.
Question proposed.
Mr First Deputy Speaker 1:30 p.m.
Yes, Hon Deputy Minister?
Deputy Minister for Lands and Natural Resources (Mr Benito Owusu-Bio) (MP): Mr Speaker, I would want to contribute to the Motion on the Floor and to say that the Hon Member who was on the Floor should be rest assured that the community and the new company would not be in conflict because several stakeholder consultations were done which involved the community and even the investors.
And so this particular investor agreement has been done with total consensus by both parties. So going forward, we know that in future, there would be smooth production without any problem.

Mr Speaker, I also want to thank your Committee for the good job done, especially with these ratifications that were brought to the floor of Parliament and to assure the House that in future, Ghana is going to be producing enough salt to be able to export some to our ECOWAS neighbours so that we gain more foreign exchange.

Mr Speaker, on this note, I support the Motion.
Mrs Comfort D. Cudjoe Ghansah (NDC -- Ada) 1:30 p.m.
Mr Speaker, I rise to support the Committee's Report on the Ada- Songhor salt project.
Mr Speaker, my main concern here, which I think the Committee should consider again is about the livelihood of the people of Ada. Paragraph 5.4 of the Report says:
“It was noted that artisanal salt weaning has been a major
source of livelihood of the people for over 400 years.”
Mr Speaker, if these people have been working there for over 400 years and today, a company is going to take over, we expect a proper package for the residents -- at least, a percentage of the people that this company would employ and a portion for them to be weaning their salt. This is because throughout the year, they depend on this salt and if all of a sudden, they are going to take it from them, then the single mothers and individuals who have been working - There is no provision for them stating that 70 or 80 per cent of them would be employed to make sure the company coming should know that people living there must be the first people to consider before any other person.
Mr Speaker, I am not comfortable as a Member of Parliament for Ada because it is Ada East and Ada West and this is where our people get their daily bread. So I would be happy if the Committee can repackage the package for the people living in the area. I am very sad this afternoon because of the package for the people living in the area.
Mr Speaker, apart from that, they said they can do fishing and other things there and they did not even
Mr Owusu-Bio 1:30 p.m.
Mr Speaker, the issue about job opportunities also came up and after thorough investigation had been done, we came to the conclusion that the new companies that are coming in to invest there would end up employing almost all the people of the communities. This is because they have the technical jobs and the labour intensive jobs and these labour intensive jobs would not be given to people outside the communities.
Mr Speaker, currently, the artisanal salt weaners who are there are not that many but at the end of the day, when these companies start producing, there is going to be more job opportunities. It is going to increase the number of people who
would be working within this particular industry and this is going to be very sustainable unlike what is happening now.
Mr Speaker, they do not even have the equipment to be able to produce more.
Moving forward, these companies are going to bring in more funding to ramp up production which would help the entire communities. The district assembly would gain in terms of some revenues that would also accrue to them which would also help the community.
So Mr Speaker, these concerns were addressed in consultation with the community.
Mr Speaker 1:30 p.m.
That is an assurance. One can only wait and at the appropriate time, this would be laid through the Committee on Government Assurances. Otherwise, we would keep on waiting. We cannot resolve that matter here. If the demand has been made and assurance has been given --
That is an assurance. One can only wait and at the appropriate time, this would be laid through the Committee on Government Assurances. Otherwise, we would keep on waiting. We cannot resolve that matter here. If the demand has
been made and assurance has been given --
rose
Mr Speaker 1:30 p.m.
Yes, Hon Member?
Mrs Cudjoe Ghansah 1:30 p.m.
Mr Speaker, once again thank you.
Mr Speaker, is it in an agreement? I want it to be captured in the Report so that I would know that the people of Ada East and West are safe. This is because this is what they do daily and today, it is going to be given to somebody. So it should be captured that 60, 70 or 80 per cent of the people would be employed.
Mr Speaker, today, as I am speaking to you, people are there working.
Mr Speaker 1:30 p.m.
Hon Minister, what is your answer to that?
Mr Owusu-Bio 1:30 p.m.
Mr Speaker, I rise to assure the Hon Member that the job opportunities for the communities that she is concerned about has been addressed. It is even in their investment document. Everything captured in the agreement cannot be captured in the Committee's Report. So it is in and I would assure Hon Member that I would let her have a copy of that to peruse and be happy.
Thank you, Mr Speaker.
Question put and Motions agreed to.
Mr Speaker 1:30 p.m.
The Hon Minister would move Resolutions captured as items 59, 62 and 65.
Hon Deputy Minister, you may proceed.
RESOLUTIONS 1:30 p.m.
Mr Gyamfi 1:30 p.m.
Mr Speaker, I rise to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Ameyaw-Cheremeh 1:30 p.m.
Mr Speaker, item numbered 66.
Mr Speaker 1:30 p.m.
Very well.
Item numbered 66, Hon Minister for Energy?
Mr Ameyaw-Cheremeh 1:30 p.m.
Mr Speaker, we seek permission for the Deputy Minister for Energy to do so on behalf of the Minister.
Mr Speaker 1:30 p.m.
Please go ahead.
BILLS - THIRD READING 1:40 p.m.
Mr Ameyaw-Chereh 1:40 p.m.
Mr Speaker, we would take the item listed as 69 -- Renewable Energy (Amendment) Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 1:40 p.m.
STAGE 1:40 p.m.
Chairman of the Committee (Mr Emmanuel Gyamfi) 1:40 p.m.
Mr Speaker, I beg to move, clause 2, section (26), subsection (1), line 3, delete “33” and insert “30A”.
Question put and amendment agreed to.
Mr Gyamfi 1:40 p.m.
Mr Speaker, I beg to move, clause 2, section (26), subsection (4), paragraph (b), delete.
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Clauses 3 to 8 ordered to stand part of the Bill.
Long title ordered to stand part of the Bill.
Mr Speaker 1:40 p.m.
Hon Members, that brings us to the end of Consideration Stage.
Yes, Hon Majority Chief Whip?
Mr Ameyaw-Cheremeh 1:40 p.m.
Mr Speaker, we may proceed to consider the items listed as 70 and 71.
Mr J. Cudjoe 1:40 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which requires that when a Bill has passed through the Consideration Stage, the third reading thereof shall not be taken until at least twenty-four hours have elapsed, the Motion for the third reading of the Renewable Energy (Amendment) Bill, 2020 may be moved today.
Mr Gyamfi 1:40 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 1:40 p.m.
Hon Members, item numbered 71.
BILLS -- THIRD READING 1:40 p.m.
Mr Speaker 1:40 p.m.
Yes, Hon Majority Chief Whip?
Mr Ameyaw-Cheremeh 1:40 p.m.
Mr Speaker, we would go back to page 10 of the Order Paper, item listed as 6 by the Hon Chairman of the Finance Committee.
Mr Speaker 1:40 p.m.
Yes, Hon Chairman of the Committee?
MOTIONS 1:40 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 1:40 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Sovereign Guarantee Agreement between the Government of the Republic of Ghana and the ECOWAS Bank for Investment & Development (EBID) in Favor of the ECOWAS Bank for Investment & Development
Mr Speaker 1:50 a.m.
Yes, Hon Majority Chief Whip?
Mr Ameyaw-Cheremeh 1:50 a.m.
Mr Speaker, we would go to page 10 of the Order Paper, item listed as 7 by the Hon Chairman of the Finance Committee.
Mr Speaker 1:50 a.m.
Yes, Hon Chairman of the Committee?
Suspension of Standing Order 80 (1)
Dr Mark Assibey-Yeboah 1:50 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 Credit Agreement between the Consolidated Bank Ghana Limited (CBG) and the ECOWAS Bank for Investment & Development (EBID) (with Government of the Republic of Ghana as Guarantor) for an amount of fifty million United States dollars (US$50,000,000.00) to partially finance the Construction of Certain Road Projects from Accra to Kumasi
in the Republic of Ghana may be moved today.”
Mr Anthony Effah 1:50 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 1:50 a.m.
Hon Chairman, you may move the substantive Motions.
MOTIONS 1:50 a.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 1:50 a.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Sovereign Guarantee Agreement between the Government of the Republic of Ghana and the ECOWAS Bank for Investment & Development (EBID) in Favour of the ECOWAS Bank for Investment & Development as Security for a Term Loan Facility amounting to fifty million United States
dollars (US$50,000,000.00) to partially finance the Construction of Certain Road Projects from Accra to Kumasi in the Republic of Ghana.
Mr Speaker, again, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Credit Agreement between the Consolidated Bank Ghana Limited (CBG) and the ECOWAS Bank for Investment & Development (EBID) (with Government of the Republic of Ghana as Guarantor) for an amount of fifty million United States dollars (US$50,000,000.00) to partially finance the Construction of Certain Road Projects from Accra to Kumasi in the Republic of Ghana.”
Mr Speaker, in so doing, I would present your Committee's Report.
1.0 Introduction
The
i. Sovereign Guarantee Agreement between the Government of the Republic of Ghana and the ECOWAS Bank for Investment and Development (EBID) in favour of ECOWAS Bank for Investment and Development as security for a Term Loan Facility amounting to fifty million
Chairman of the Committee (Dr Mark Assibey-Yeboah) 1:50 a.m.


7.0 Observations

7.1 Significance of the facility

Officials from the Ministry of Roads and Highways explained to the Committee that the projects formed part of government's grand programme to improve road transport through an aggressive expansion of road infrastructure across the country. They indicated that the construction is targeted at local communities that are inaccessible due to poor road networks. They explained that, all the projects to be financed under this scheme are part of ongoing projects.

The Committee noted that, the successful completion of the roads will facilitate movement of people and goods in the communities.

Further to this, the financing structure adopted will not only help complete the projects on time and reduce government indebtedness to contractors but will also help to recapitalise the Consolidated Bank. The Committee also noted that,

increasing economic activities and vehicular traffic has accelerated the rate of road deterioration in Accra and Kumasi. This has rendered many community roads unmotorable especially during the rainy season.

The Committee therefore urged the Ministry of Roads and Highways to find other innovative means to complete ongoing road projects in the cities. The ministry should also extend the programme to other ports of Accra and Kumasi to improve the overall road network in the two cities.

7.2 Project Beneficiaries

The Committee noted that the project intends to rehabilitate and upgrade selected roads in Accra and Kumasi. In all, a total of 101.76 kms of roads will be rehabilitated in the two cities at a total cost of US$50.152,635.55. This is made up of 44.49 kms and 57.27 km of roads to be reconstructed, upgraded or rehabilitated in Accra and Kumasi respectively. The roads to be constructed under the financing arrangement are:

The Committee was informed that all these projects are scheduled to be completed in 12 months after commencement of work. The Scope of works include reshaping, reconstruction. rehabilitation and the construction of drains and culverts to clone the roads.

7.3 The Role of Consolidated Bank Ghana Limited

The Committee expressed worry on the involvement of Consolidated

Bank in the whole transaction which results in increased interest cost to contractors. This will ultimately increase the cost of the projects. The Committee was of the view that, the Government should have exercised its right and contract the credit directly to finance the project. Officials from the Ministry of Finance explained that, EBID lends to both government and private sector entities. They further explained that, at the time the facility was negotiated, government borrowing window was not available.
Mr Anthony Effah (NPP -- Asikuma-Odoben-Brakwa) 1:50 a.m.
Mr Speaker, I beg to second the Motion for the approval of the US$50 million for the road expansions.
Mr Speaker, at the end of the transactions, Ghana would have some of our roads in better shape than they exist now; the Hon Chairman has read through some of the roads that have been captured.
Mr Speaker, the amount of US$50 million that would come into the country would merely provide some liquidity to the Consolidated Bank Ghana Limited (CBG) to enable them do the on-lending to their contractors. It would also give the CBG an opportunity to learn how to finance road projects and other infrastructural projects. Because the bank is new, we would presume that it needs time to learn all these skills, and by providing the amount of US$50 million with the bank's direct participation in monitoring, this would be an opportunity to learn.
Mr Speaker, the terms of the Facility between EBID and CBG are quite similar to the un-lending terms between CBG and the various contractors, except for the little spread of one per cent on the interest rate, and the processing fee of 0. 5 per cent, which would cater for the involvement of the bank.
Mr Speaker, on the exchange rate risk, if we look at the terms of the Facility, the understanding is that the Facility would also be lent in similar currency to the contractors, so it takes away the exchange rate risk from the bank to the contractor, and it is something that the Government may not be called upon to provide the FX when there is default.
Mr Speaker, EBID already has experience in Ghana, and it has for instance financed the equipment and fire tenders for the Fire Service, and has also extended long term facilities for the extension of rural electrification to some of the areas in Ashanti and the Bono Regions. So, EBID's experience in the country is well known.
Mr Speaker, with these few words, I second the Motion for the approval of the Facility.
Thank you very much.
Mr Speaker 1:50 a.m.
I thank you very much.
Mr Speaker 1:50 a.m.
Hon Deputy Minority Leader, you have made your point. Please, Hon Chairman, you may explain.
Dr Assibey-Yeboah 2 a.m.
Mr Speaker, in paragraph 7.3 of the Report, if the Hon Deputy Minority Leader would turn to page 7, the explanation is given there, and with your kind permission I read:
“The Committee expressed worry on the involvement of CBG in the whole transaction, which results in increased interest cost to contractors. The Committee was of the view that the Government should have exercised its rights and contract the credit directly to finance the project…”.
That is the point he made. It continues to read:
“It was explained that the EBID lends to both Government and private sector entities, and that there are two windows; a
borrowing window for Government, and one for the private sector entities like
CBG”.
That Government window was closed. It is closed at this moment in time, so the window that was opened would be the one that goes to private sector entities, otherwise, Govern- ment would have borrowed if the window to Government was opened. So that is the first explanation that was given, which is captured in paragraph 7.3 of the Report.
He also talked about the terms to contractors. Invariably, these contractors are executing Government projects, and so, Government has already awarded contracts to these contractors who are executing the works.

No payments have been made thus far, so the contractors approached CBG to borrow money to finance the projects, and CBG entered into this arrangement and because they are executing Government projects, Government has to come in having awarded them the contracts already.
Mr James K. Avedzi (NDC -- Ketu North) 2 a.m.
Mr Speaker, we do
not have CBG as the only bank in Ghana. If they approached CBG and they do not have funds, why do they not go to any other bank and borrow as contractors? That is what they have been doing over the years; they have been borrowing from banks to do the contracts and Government pays them. Why is CBG the only bank that the contractors have to approach for this?
Dr Assibey-Yeboah 2 a.m.
Mr Speaker, it is because governments have a tendency of not paying contractors on time. This secures funding for the project. Most of the banks whose licences have been revoked suffer this scenario; contractors borrow moneys from these banks to execute government projects and it takes forever for governments to pay the money. So, this is guaranteed funding; in twelve months, the projects are completed and the payments too are honoured.
Mr Speaker, I think the Hon Member is satisfied?
Mr Speaker 2 a.m.
Thank you very much. Any other comments?
I will put the Question.
Question put and Motion agreed to.
RESOLUTIONS 2 a.m.
THIS HONOURABLE HOUSE 2 a.m.
HEREBY RESOLVES AS 2 a.m.
Dr Assibey-Yeboah 2 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Anim 2 a.m.
Mr Speaker, we could take the item listed as 12.
Mr Speaker 2 a.m.
Hon Members, the item listed as 12?
Suspension of Order 80(1)
Dr Assibey-Yeboah 2 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 Additional Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the ING Bank of Belgium SA/NV for an amount of four million, seven hundred and fifteen thousand, eight hundred and ninety-eight euros (€4,715,898.00) being loan component of the cost of seven million, twelve thousand, four
hundred and ninety-eight euros (€7,012,498.00) to finance the Upper East Regional Water Supply Project may be moved today.
Mr Effah 2 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2 a.m.
Hon Members, the item listed as 13; Motion, Hon Chairman?
MOTIONS 2 a.m.
Dr Assibey-Yeboah 2 a.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Additional Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the ING Bank of Belgium SA/NV for an amount of four million, seven hundred and fifteen thousand, eight hundred and ninety-eight euros (€4,715,898.00)
being loan component of the cost of seven million, twelve thousand, four hundred and ninety-eight euros (€7,012,498.00) to finance the Upper East Region Water Supply Project.
Mr Speaker, in so doing, I present your Committee's Report 2 a.m.
1.0 Introduction
The Additional Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the ING Bank of Belgium SA/NV for an amount of four million, seven hundred and fifteen thousand, eight hundred and ninety-eight euros (£4,715,898.00) being loan component of the cost of seven million, twelve thousand, four hundred and ninety-eight euros (£7,012,498.00) to finance the Upper East Region Water Supply Project was presented to the House on Monday 2nd November, 2020 by the Hon. Minister responsible for Monitoring and Evaluation, Dr. Anthony Akoto Osei on behalf of 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 Agreement was referred to the Committee on Finance for Consideration and Report.
The Committee subsequently met and discussed the Agreement with a Deputy Minister for Finance, Hon. Abena Osei-Asare, a Deputy Minister for Sanitation and Water Resources, Hon. Patrick Yaw Boamah as well as a team of officials from the Ministries of Finance and Sanitation and Water Resources and the Ghana Water Company Limited (GWCL) and hereby submits this report to the House.
The Committee is grateful to the above-mentioned Hon Deputy Ministers and the team of officials for attending upon the Committee.
2.0 References
The Committee referred to and was guided by the following documents inter alia during its deliberations on the Agreement:
The 1992 Constitution of the Republic of Ghana.
The Standing Orders of the Parliament of Ghana.
The Public Finance Management Act, 2016 (Act 921)
Mr Daniel Okyem Aboagye (NPP -- Bantama) 2 a.m.
Mr Speaker, I beg to second the Motion and in so doing say a few things.
Mr Speaker, we say water is life and these are funds that are being secured to support the provision of
Mr Daniel Okyem Aboagye (NPP -- Bantama) 2 a.m.


water to the people in the Upper East Region. The terms are favourable given that there is a grace period of about three years and the real payment period of ten years with an interest rate that is in six months Eurobond plus 1.5 grant element of about 46 per cent.

Mr Speaker, looking at these and the benefits that are going to be derived from them, I believe this is a Motion that we should support for the benefit of those communities in the Upper East Region.

Mr Speaker, with these few words, I thank you for the opportunity.
Mr Avedzi 2 a.m.
Mr Speaker, I think this is an Agreement that has a grant element of about 45 per cent; the terms are favourable to us and for that matter, we should go ahead and approve it.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2 a.m.
Hon Members, the item listed as 14; Resolution, Hon Minister?
RESOLUTIONS 2 a.m.
Mr Kwarteng 2 a.m.
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181 of the Constitution and sections 55 and 56 of the Public Financial Management Act of 2016 (Act 921), the terms and conditions of all government borrowings shall be laid before Parliament and shall not come into operation unless the terms and conditions are approved by a resolution of Parliament in accordance with article 181 of the Constitution;
PURSUANT to the provisions of the said article 181 of the Constitution and sections 55 and 56 of the Public Financial Management Act of 2016 (Act 921), at the request of the Government of the Republic Ghana acting through the Minister responsible for Finance, there has been laid before Parliament an Additional Financing Agreement between
the Government of the Republic of Ghana (represented by the Ministry of Finance) and the ING Bank of Belgium SA/NV for an amount of four million, seven hundred and fifteen thousand, eight hundred and ninety-eight euros (€4,715,898.00) being loan component of the cost of seven million, twelve thousand, four hundred and ninety-eight euros (€7,012,498.00) to finance the Upper East Region Water Supply Project.
THIS HONOURABLE HOUSE 2 a.m.
HEREBY RESOLVES AS 2 a.m.
Dr Assibey-Yeboah 2 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2 a.m.
Mr Speaker, considering the nature of work ahead of us and the time, I direct that Sitting continues beyond the normal hours.
Hon Members, the item listed 15; Motion?
Suspension of Order 80(1)
Dr Assibey-Yeboah 2 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 Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International
Mr Effah 2 a.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2 a.m.
Hon Members, the item listed as 16?
MOTIONS 2 a.m.
Dr Assibey-Yeboah 2 a.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Development Association for an amount of two hundred and fifty
million United States dollars (US$250,000,000.00) to finance the Ghana Development Finance Project
(GDFP).
And in so doing, I present your Committee's Report:
1.0 Introduction
The Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Development Association for an amount of two hundred and fifty million United States dollars (US$250,000,000.00) to finance the Ghana Development Finance Project (GDFP) was presented to the House on Tuesday, 3rd November, 2020 by the Hon. Minister responsible for Monitoring and Evaluation, Hon. Dr. Anthony Akoto Osei on behalf of the Minster for Finance.
Rt. Hon. Speaker referred the request to the Finance Committee for consideration and report.
The Committee met with a Deputy Minister for Finance, Hon. Abena Osei-Asare and officials from the Ministry of Finance to consider the request.
2.0 Document Referred To
The Committee referred to the following documents during its deliberations:
The 1992 Constitution of Ghana;
The Public Financial Management Act of 2016 (Act 921); and
The Standing Orders of the Parliament of Ghana.
3.0 Background
Over the years, the private sector has always been regarded as the engine of economic growth In Ghana's medium and long-term policy frameworks/strategies. Recently, Government's vision is to transform the country's economy for better development outcomes, particularly job creation.
In this regard, the private sector which contributes about 77 per cent to GDP and employs about 85 per cent of the working population is recognised as a key partner.
Studies have established a causal relationship between financial depth and national growth. Thus, providing access to credit to the most efficient and innovative enterprises will
enhance economic growth. However, low access to finance has always been cited as the major constraint to Ghana's private sector development. In 2019, Ghana's credit to the private sector was only 12 per cent of GDP, compared to an average of 44.4 per cent for lower middle-income countries.
Ghana's financial sector has been characterised among others by: high interest rates-despite recent declines. Average nominal lending rate stood at 21.9 per cent as of June 2020, lack of long financing for projects with long gestation period: small/ developing capital market which is not yet a reliable complementary source of funding for firms and for critical development sector, and small pension and asset management sectors (about 11 per cent of GDP combined).
To spur economic growth in the 60s, the Government established two development finance institutions (DFIs). The National Investment Bank (NIB) to promote rapid industrialisation in all sectors of the economy and Agricultural Development of Bank (ADB) to provide credit to agriculture. Since their creation, both institutions have gone through multiple restructurings, operating today as commercial Banks with diminished focus on their respective target sectors due to lack
Dr Assibey-Yeboah 2 a.m.


implementation, assuming an average coverage of 60 per cent.

Subcomponent 2.2 - Technical Assistance for Partial Credit Guarantee Facility (US$1.5 million): this subcomponent will support the design study and business plan for the PCG and the development of a financial model as well as the Operations Manual.

It will also cover related capacity building of the PCH Facility, including the recruitment of a credit guarantee adviser, staff training, and TA for the development of technical specifica- tions of IT infrastructure and MIS to require for the management of the guarantee operations.

Subcomponent 2.3 - Establishment of a Digital Financing Platform (US$5 million); this subcomponent will support the establishment of a digital financing platform to facilitate financing for MSMEs by a wide range of financiers. It is expected to aggregate various solutions/services, including a supply chain financing solution/application, e-accounting and e-invoicing applications, and a digital payment solution.

These would allow MSMEs to discount their accounts receivables and access working capital without the need for collateral: access finance

at competitive interest rates: transition to cloud-based accounting at a lower cost, bill customers and receive payments electronically, and track expenses: and access digital loans.

The platform would increase transparency and reduce transaction costs by enabling paperless and fully traceable transactions. The subcomponent will, therefore, finance among others, the development/ review of a legal framework for receivables finance, and regulatory framework for fintech companies: detailed design study and business plan: development of operational policies and procedures; development of the digital platforms; and market outreach.

Components 3 - Capital Market Development (US$6 million); Recent studies showed several gaps with respect to the ability of SEC to exercise its regulatory and supervisory duties and to act as a catalyst for the development of the market. Core to this SEC's insufficient capacity and legal powers. This component therefore seeks to build a more resilient foundation for the development of the capital market, which is a potential source of complementary long-term financing in Ghana.

Subcomponent 3.1 -- Enhancing the Legal and Regulatory Framework and Capacity Building

of the SEC (US$4.5 million): This subcomponent will support the overhaul of the legal and regulatory framework for capital markets to be in line with international best practices and standards.

It will support the overhauling and replacement of the Securities Industry Act of 2016 (Act 929) and its related legislations and regulations, including full repeal of SEC Regulation 2003 (LI 1728) and the Unit Trusts and Mutual Funds Regulations 2001 (LI 1695); and capacity building of MoF and SEC respectively, to ensure effective support for the proposed legal and regulatory reforms and implementation.

Subcomponent 3.2 -- Capacity Building of Market Operators (US$1.5 million): This subcomponent will build the capacity of market operators, ensuring they maintain the

knowledge and skills needed to deliver professional services to customers.

Component 4: Project Management, Monitoring and Evaluation (US$2 million): This component will cover project implementation costs, including those related to coordination, procurement, financial management, Monitoring and Evaluation, outreach, and support to the DBG to comply with Environmental and social safeguard and social safeguards requirements.

6.0 Terms and Conditions of the Loan

A total amount of US$250,000,000.00 will be used to finance the Ghana Development Finance Project. Details of the terms and conditions of the loan is captured below:
Dr Assibey-Yeboah 2 a.m.


7.0 Observations

7.1 Rationale for the Project

The Committee observed that the proposed Ghana Development Finance Project (GDFP) is fully aligned with Government's objective of addressing the high cost of capital in the country. Further improving access to credit to Small and Medium Scale Enterprises (SMEs) is also part of the President's Coordinated Programme of Economic and Social Development Policies (CPESDP) - 2017 -2021 and the Ghana Beyond Aid vision.

The project will support firms to access new markets, innovate and pursue growth and productivity. It would also enhance opportunities that businesses could not finance through their internal sources.

The Committee further noted that the project is crucial to assist the nation to recover from the devastating impact of the COVID-19 pandemic. The project would help establish the Development Bank of Ghana (DBG) as a major cog of the Government's strategy to revitalise the economy as outlined in the Ghana Covid-19 Alleviation and Revitalisation of Enterprises Support (GhanaCARES) Programme.

The project would therefore help to provide private institutions and state owned DFls by offering them long- term financing, credit guarantees, factoring and other services.

7.2 Project Duration

The Committee was informed that the project will be implemented over a seven-year period and it is expected to be completed by December

31,2027.

7.3 Expected Outcomes

The Committee observed that expected benefits to be derived from the project will include:

Increased long term financing to about 12,000 MSMEs;

Competitively priced, local currency term funding provided for target beneficiaries;

Improved access to finance MSMEs through the deployment of the PCG Facility and a digital financing platform;

Legal and regulatory framework for Ghana's financial sector strengthened;

Oversight and capacity of capital market development.

7.4 Project Beneficiaries

The Committee observed that the primary beneficiaries of the project are creditworthy Ghanaian MSMEs who lack access to finance (in particular, long-term finance), small corporates, and Women-owned and led Micro Small and Medium Enterprises, Private Finance Initiatives, SEC and its staff, Capital market operators- fund managers, brokers/ dealers and custodians.

This would be done through direct support to the Development Bank of Ghana/Partial Credit Guarantee Facility, Securities and Exchange Commission, Ghana Investment and Security Institute, and the Ministry of Finance.

8.0 Conclusion

The Committee is of the view that the request will go a long way to improve access on credit to MSMEs as well as opening up the economy and create jobs.

The Committee therefore recommends to the House to adopt its report and to approve the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International

Development Association for an amount of two hundred and fifty million United States dollars (US$250,000,000.00) to finance the Ghana Development Finance Project (GDFP) in accordance with article 181 of the Constitution, and the Public Financial Management Act of 2016 (Act 921) and the Standing Orders of Parliament.

Respectfully submitted.
Mr Daniel Okyem Aboagye (NPP -- Bantama) 2:10 p.m.
Mr Speaker, I beg to second the Motion.
Credit is quite important and in spite of the number of banks in Ghana, the medium to long-term credit is sometimes difficult to find. So, this development bank would be able to provide access to credit that will enable small and medium sized businesses to support the Government's agenda of transforming the economy and creating jobs.
Mr Speaker, I think that the terms are very favourable and having 30 years with a grace period of five years to pay is quite a long time. This is good and I encourage my Hon Colleagues to support the Motion. Thank you for the opportunity.
Mr James Klutse Avedzi (NDC -- Ketu North) 2:10 p.m.
Mr Speaker, this is a loan facility of US$250 million that we are taking from the IDA to finance the Ghana Development Finance Project. This project is basically about the Ghana Development Bank. In effect, we are borrowing to establish a bank.
This as part of the amount being borrowed would make some credit available with the bank to finance development projects. The component of the US$250 million that we are borrowing that is available as a credit line is only about US$185 million. In fact, the subcomponent of Component 1 makes line of the credit of US$175 million.
If you look at the technical assistance component, it is about US$10.5 million. I do not know what form of technical assistance that is going to be provided to the bank that we would spend US$10.5 million on it. If you go on, under Component 2, which is the partial credit guarantee facility, there is also a technical assistance component of US$1.5 mill ion there. For subcomponent 3.2, there is a capacity building of market operators for US$1.5 million.
Project management and monitoring and evaluation is US$2 million.
Mr Speaker, if you sum up capacity building, project management and technical assistance, you would wonder what percentage of the total amount would be spent, leaving a maximum of about US$185 million as credit line for the bank. So, I am wondering if we should as a country, establish a bank.
Do we actually evaluate the benefits we would get vis-à-vis the cost we would incur for the amount that we are borrowing? This is because the debt servicing component is different but a chunk of the US$250 million that we are borrowing would not be made available for credit. We would spend that one, which would be a sunk cost as part of the establishment of the bank.
Mr Speaker, if we are doing this to ourselves, I am not sure that the growth and development of our country can be assured. I do not know whether those people who went to negotiate for these facilities have taken a lot of these issues into consideration because if you are going to release US$10.5 million for technical assistance, who are those going to provide the technical assistance?
The people who are lending you the money are coming back here to sit down with you and say that they are providing technical assistance and take US$10.1 million away. What kind of job are they going to do in the establishment of a bank for them to take US$10.5 million for technical assistance? Sometimes when you hear these figures, you get worried.
Mr Speaker, I am not happy that we are going to give out this money for technical assistance and borrow US$250 million which we would pay within 30 years with five years' grace period. So after five years, for the next 25 years, we would pay this US$250 million plus interest but this US$250 million would not be available for the bank to lend out and make interest on it. So I am not happy about this agreement. Thank you.
Mr Moses Anim (NPP -- Trobu) 2:10 p.m.
Thank you, Mr Speaker, for the opportunity to encourage Hon Members to also support the Motion.
We are improving on our hands- on technical knowledge and very soon, we would produce professional middle level competent persons in this country. The key objective is to make them build their capacity to be self- employed. Without capital it becomes very difficult for such hands-on
technically skilled people to become self-employed. The reason we would take some other loans very soon is to build a state-of-the-art Technical and Vocational Education and Training (TVET) facility to ensure that we improve on the technical knowledge of our people.
Long-term financing and funding for start-ups is also an issue, therefore, if we are trying to build the development bank to ensure that there is a long- term funding facility for such persons in our country so as to improve on livelihood and employment, reduce unemployment and poverty and make Ghana very competitive in terms of technical know-how and going forward, giving our products quality finishing so that we can compete in the world market, I think that it is a good idea.
Whatever concerns are being raised can be looked at and I think that the Committee, going forward, can also follow up as their responsibility of overseeing the Executive in the implementation of some of these facilities to enhance whatever we really want to do. For me, the principle behind taking the loan is a good one and we need to support it with all the input that we have as Members of Parliament (MP) under our obligations as established in the 1992 Constitution. While we
RESOLUTIONS 2:20 p.m.
THIS HONOURABLE HOUSE 2:20 p.m.
HEREBY RESOLVES AS 2:20 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:20 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 2:20 p.m.
Hon Members, item numbered 18?
Dr Assibey-Yeboah 2:20 p.m.
Mr Speaker, we would take procedural Motions 18 and 21 together, then the substantive Motions 19 and 22.
Mr Speaker 2:20 p.m.
Very well.
MOTIONS 2:20 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:20 p.m.
Mr Speaker, I beg to move that notwithstanding the provisions of Standing Order 80 (1) which requires
that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the Government of the Republic of Korea (acting through the Export-Import Bank of Korea [Government Agency for the Economic Development Cooperation Fund {EDCF}]) for an amount of seven million United States Dollars (US$7,000,000.00) to finance the implementation of Ghana Integrated Financial Management Information System ICT Upgrade Project may be moved today.
AND 2:20 p.m.
Mr Joseph Yieleh Chireh 2:20 p.m.
Mr Speaker, I second the Motions.
Question put and Motions agreed to.
Resolved accordingly.
Mr Speaker 2:20 p.m.
Items numbered 19 and 22.
MOTIONS 2:20 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:20 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report
of the Finance Committee on the Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the Government of the Republic of Korea (acting through the Export-Import Bank of Korea [Government Agency for the Economic Development Cooperation Fund {EDCF}]) for an amount of seven million United States dollars (US$7,000,000.00) to finance the implementation of Ghana Integrated Financial Management Information System ICT Upgrade Project.
AND 2:20 p.m.
Mr Daniel Okyem Aboagye (NPP -- Bantama) 2:20 p.m.
Mr Speaker, I thank you for the opportunity to contribute to the Motion.
Mr Speaker, if we look at the terms and conditions of this loan agreement, as the Hon Chairman said, they are great and good enough for us to take them because we have 10
years' grace period and an interest rate of zero per cent and about 68 per cent of grant elements. These are good enough for us to consider and support the agreement.
Mr Speaker, if this Report is adopted, it would improve allocation of public funds, accounting for funds spent and also improve efficiency and effectiveness of public accounting.
Mr Speaker, I support the Motion and I encourage my Hon Colleagues to do same.
Question put and Motion agreed to
Mr Speaker 2:20 p.m.
Item numbered 20 and 23.
RESOLUTIONS 2:20 p.m.
THIS HONOURABLE HOUSE 2:20 p.m.
HEREBY RESOLVES AS 2:20 p.m.
AND 2:20 p.m.
Mr Joseph Yieleh Chireh 2:20 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2:20 p.m.
Hon Majority Whip, where do we go from here?
Mr Ameyaw-Cheremeh 2:20 p.m.
Mr Speaker, we could take item numbered 24.
Mr Speaker 2:20 p.m.
Hon Members, item numbered 24.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:20 p.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 Finance Committee on the Request for waiver of ImportDuties, Import VAT, GETFund Levy, NHIL, EXIM Levy, Special Import Levy and Domestic VAT amounting to the Ghana cedi equivalent of fifteen million, eighty- six thousand, and ninety-six euros (€15,086,096.00 [made up of €7,280,629.00 on imports and €7,805,467.00 on local purchases]) on materials, equipment, and services to be procured in respect of the Elmina Fishing Port Rehabilitation and Expansion Project by Messrs. BellSea Limited and International Marine and Dredging Consultants may be moved today.
Mr Anthony Effah 2:20 p.m.
Mr Speaker, I beg to second the Motion
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2:20 p.m.
Hon Members, item numbered 25?
MOTIONS 2:20 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:20 p.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 fifteen million,eighty-six thousand, and ninety-six euros (€15,086,096.00 [made up of €7,280,629.00 on imports and €7,805,467.00 on local purchases]) on materials, equipment, and services to be procured in respect of the Elmina Fishing Port Rehabilitation and Expansion Project by Messrs. BellSea Limited and International Marine and Dredging Consultants.
Mr Speaker, 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, Special Import Levy and Domestic VAT amounting to the Ghana cedi equivalent of fifteen million and eighty-six thousand and ninety-six euros (€15,086,096.00 [made up of €7,280,629.00 on imports and €7,805,467.00 on local purchases]) on materials, equipment and services to be procured in respect of the Elmina Fishing Port Rehabilitation and Expansion Project by Messrs. BellSea Limited and International Marine and Dredging Consultants was presented to the House on Tuesday, 3rd November, 2020 by the Hon. Minister responsible for Parliamentary Affairs, Mr. Osei Kyei-Mensah-Bonsu on behalf of the Minster for Finance.
Rt. Hon Speaker referred the request to the Finance Committee for consideration and report.
The Committee met with a Deputy Minister for Sanitation and Water Resources, Hon. Patrick Yaw Boamah, a Deputy Minister for Finance, Hon. Abena Osei-Asare and officials from the Ministry of Finance,
Mr Anthony Effah (NDC -- Asikuma/Odoben/Brakwa) 2:20 p.m.
Mr Speaker, I beg to second the Motion.
Mr Speaker, this waiver is in line with the contracts that were signed for these two contractors and it puts the payment or the waiver of these on the
Central Government. If we look at the distribution of the amount, it would be realised that there is almost 50 per cent supplies from the country and this shows how much Ghanaians have gotten involved with the development of the country. The other 50 per cent, would be imports and the levies have been assessed by GRA and they have been certified to be correct.
Mr Speaker, with these few words I second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2:30 p.m.
Now, Hon Minister, the Resolution listed 26 on page 23 of the Order Paper.
RESOLUTIONS 2:30 p.m.
Mr Kwaku A. Kwarteng 2:30 p.m.
Mr Speaker, I beg to move that
WHEREAS by the provisions of article 174 (2) of the 1992 Constitution, Parliament is
BY THE COMBINED 2:30 p.m.
Dr Assibey-Yeboah 2:30 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2:30 p.m.
Now, Hon Majority Chief Whip, where do we go from here? [Interruption]
Dr Assibey-Yeboah 2:30 p.m.
Mr Speaker, items numbered 30 and 33 would be taken together. They are procedural Motions.
Mr Speaker 2:30 p.m.
Very well, the procedural Motions numbered 30 and
33.
MOTIONS 2:30 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:30 p.m.
Mr Speaker, I beg to move ,that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the motion for the adoption of the Report of the Finance Committee on the EKN-Covered Export Credit Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and ING Bank N.V. of Netherlands for an amount of one hundred and eighty million, nine hundred and fifty-six thousand, four hundred and fifty-three Euros and ninety-five cents (€180,956,453.95) supported by an EKN-Premium of twenty-three million, five hundred thousand euros (€23,500,000.00) to finance the Establishment of 12 State-of-the-Art Technical and Vocational Education Training Centres -- Phase II may be moved today; and
Mr Anthony Effah 2:30 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2:30 p.m.
Hon Members, items numbered 31 and 34?
EKN-Covered Export Credit Facility Agreement to Finance the Establishment of Twelve
State-of-the-Art Technical and Vocational Training Centres
Phase II
Chairman of the Committee (Dr Assibey-Yeboah) 2:30 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the EKN- Covered Export Credit Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and ING Bank N.V. of Netherlands for an amount of one hundred and eighty million, nine hundred and fifty-six thousand, four hundred and fifty-three euros ninety- five cents (€180,956,453.95) supported by an EKN-Premium of twenty-three million, five hundred thousand euros (€23,500,000.00) to finance the establishment of 12 State- of-the-Art Technical and Vocational Education Training Centres- Phase II; and
That this honourable House adopts the Report of the Finance Committee on the Down Payment Facility Agreement among the Government of the Republic of Ghana (represented by the Ministry of Finance), Development Bank of Southern Africa (DBSA [as Original Lender]), and
ING Bank N.V. of Netherlands (as Arranger and Agent) for an amount of twenty-seven million, seven hundred and eighty-six thousand, four hundred and thirty-three euros and five cents (€27,786,433.05) to finance the establishment of 12 State- of-the-Art Technical and Vocational Education Training Centres- Phase II.
Mr Speaker, in so doing, I present your Committee's Report.
1.0 Introduction
The Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and a Consortium of SUMEC Complete Equipment & Engineering Company Limited and Planet One Education Limited for an amount of one hundred and eighty- five million, two hundred and forty- two thousand, eight hundred and eighty-seven euros (€185,242,887.00) for the establishment of twelve (12) State-of-the-Art Technical and Vocational Training Centres (Phase II) in Ghana was laid in Parliament by the Hon. Majority Leader and Minister for Parliamentary Affairs, Mr Osei Kyei-Mensah-Bonsu on behalf of the Minister for Education, Dr Matthew Opoku Prempeh on Wednesday, 4th
November, 2020. This was pursuant to article 181(5) of the 1992 Constitution and section 33 (1) of the Public Financial Management Act, 2016, (Act 921).
Subsequently, the Rt Hon Speaker, in accordance with Order 186 of the Standing Orders of the House, referred the Agreement to the Committee on Education for consideration and report.
2.0 Deliberations
The two Hon Deputy Ministers for Education, Dr Yaw Osei Adutwum and Mrs Gifty Twum-Ampofo, the Executive Director of the Council for Technical and Vocational Education and Training (COTVET), Dr Fred Kyei Asamoah, and officials of the Ministry of Education attended upon the Committee to assist in its deliberations.
The Committee is grateful to the Hon Deputy Ministers and the technical team for attending upon the Committee.
2.0 Reference Documents
The Committee made reference to the following documents during its deliberations:
Chairman of the Committee (Dr Assibey-Yeboah) 2:30 p.m.
Bono East Category A Patuda
Ahafo Category A Kenyase No.1
Western North Category A Boako
Eastern Category B Akyem Awisa
Oti Category A Dambai
Total Centres 9
To ensure a fair distribution of world-class TVET Centres across the country, phase II of the Centres will be sited in the following regions as shown in the table below:
Location of Centres (Phase II)
Region Centre Category Type Location
Ashanti Category A Obuasi
Northern Category B Yendi
Bono Category B Dormaa
Bono East Category B Techiman
Western Category B Akyease Aboso
Western North Category B Bibiani
Central Category B Agona Swedru
Greater Accra Category A Category B AccraWeija/Dodowa
Eastern Category A Koforidua
Volta Category B Hohoe
Upper East Category A Bolgatanga
Total Centres 12
* Category A Centres are Centres that would be located in Metropolitan areas, and have no Boarding facilities while Category B Centres are Centres that would be located in smaller communities, and have Boarding facilities.
b. Benefits of the Project
The Committee observed that Planet One Education, in past years, has assisted various governments in transforming their education system by building a human capital that can compete in the technologically driven global environment, among others. Planet One Education will therefore introduce the best practices of TVET from across the globe into the country.
The Committee was informed that the introduction of such best practices would produce highly trained professionals who would be abreast with the latest technologies and trends in the global market place. Having a pool of qualified and trained candidates will be essential to fuel foreign investment and economic growth in Ghana. Again, candidates to be trained will be exposed to better
quality employment opportunities.
c. Payment Schedule
As indicated earlier, the Government of Ghana has committed to pay the Consortium, an amount of one hundred and eighty-five million, two hundred and forty-two thousand, eight hundred and eighty-seven euros (€185,242,887.00) for the implementation of the phase II of the Project. The payment schedule of the contract sum as per the Contract Agreement is as follows:
i. An Advance payment of €27,786,433.05 amounting to 15 per cent of the contract price within five days upon the submission of the Notice to Proceed (NTP) by the employer;
ii. First milestone payment of €18,524,288.70 amounting to 10 per cent of the contract price immediately upon the achievement/completion of infrastructured development, tools and equipment, and

curriculum and content development;

iii. Second milestone payment of €18,524,288.70 amounting to 10 per cent of the contract price immediately upon the achievement/completion of infrastructure development, provision of tools and equipment, and the review of curriculum and content; and

iv. The remaining portion of the contract price (comprising 65 per cent of the contract price)

shall be paid in equal instalments on a quarterly basis over a period of 10 quarters. Accordingly, the contractor would be paid an amount of €12,040,787.66 on a quarterly basis upon the expiration of 90 calendar days from the ending of the preceding quarterly instal- ment date.

The summary of the Contract Price across the different components of the Project is provided below:

d. Performance Security

The Committee observed that to ensure that the contractors deliver on their obligations creditably, a performance security of 10 per cent of the contract price has been

provided for in the Agreement. Under the Agreement, the contractors are obligated to ensure that the performance security remains valid and enforceable until the issuance of the performance certificate.

e. Project Management

It came to the attention of the Committee that to ensure an effective and efficient management of the Project, the Agreement provides for a Project Manpower Team that will be established by the Consortium in the country. The Consortium's Project Director will head the overall implementation of Project and will serve as a single point of contact for the Management Team of the Ministry. Furthermore, the Consortiums are obliged to provide a Project Manager who will be responsible for the coordination, implementation and the provision of regular feedback and reporting on matters regarding the Project.

The Committee urges all parties to the contract to work within the works specification and in line with established implementation schedule to ensure a timely completion of the Project.

f. Vocational Training Technical Team

The Committee noted that the Consortiums will deploy a technical team that will be responsible for Curriculum Development, Course Content Development and Master Training.
Chairman of the Committee (Dr Assibey-Yeboah) 2:30 p.m.


The Committee lauded the arrangements in respect of local content which offers the opportunity for our local artisans and contractors to participate in the execution of government projects and create employment opportunities for TVET graduates.

10.0 Conclusion and Recommendation

The Committee has examined the Contract Agreement for the establishment of twelve (12) State-of- the-Art Technical and Vocational Training Centres in the country, and is of the considered view that the Project, when completed would aid in training the youth, particularly, the underprivileged and socio- economically challenged in the country, thereby enhancing their livelihoods for the benefit of the country as a whole.

Accordingly, the Committee recommends to the House to adopt its Report and the Contract Agreement between the Government of the Republic of Ghana (represented by the Ministry of Education) and consortium of SUMEC Complete Equipment & Engineering Company Limited and Planet One Education Limited for an amount of one hundred and eighty-five million, two hundred

and forty-two thousand, eight hundred and eighty-seven euros (€185,242,887.00) for the establishment of twelve (12) State-of- the-Art Technical and Vocational Training Centres (Phase II) in accordance with article 181(5) of the 1992 Constitution of the Republic of Ghana .

Respectfully submitted.
Mr Anthony Effah (NPP -- Asikuma/Odoben/Brakwa) 2:30 p.m.
Mr Speaker, this Report got the consensus of all Hon Members in the House and it is supposed to improve our technical and vocational education. The Senior High Schools are benefiting and we are of the view that if the technical and vocational training institutions are also supported enough, we can have an expanded range of skills to help us develop the country.
Mr Speaker, the terms are satisfactory and reasonable and I beg to second the Motion.
Mr James K. Avedzi (NDC -- Ketu North) 2:30 p.m.
Mr Speaker, if you look at page 5 of the Report, the loan amount for the first facility is €180 million which represents about 85 per cent of the contract amount. There is a component of the EKN-Premium of €23 million. So, if we want to look at the exact cost of the project, it
should not be the €185 million quoted on page 6 because the insurance component must definitely be added to the €185 million but on page 6, it is shown there that the project contract price is €185 million.
Mr Speaker, if we would capture this in our records, definitely, we must add the insurance component to the contract price. It is something that we have not been doing in the past. We only capture the contract price as the cost of the project but we borrow and pay insurance before we are able to secure the fund to build that project. So, in order for us to know the exact cost of it, it should be the cost of the project plus the cost incurred in terms of insurance but we can debate this further. Any time we are doing this, we only capture the cost of the project but we do not add the component which is to be paid for insurance or interest. I think that we should reconsider the way we capture transactions in our records.
I thank you, Mr Speaker.
Question put and Motion agreed to.
RESOLUTIONS 2:30 p.m.
THIS HONOURABLE 2:30 p.m.
HOUSE HEREBY 2:30 p.m.
RESOLVES AS 2:30 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:30 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Deputy Minister for Finance (Mr Kwaku A. Kwarteng) on behalf of (the Minister for Finance): Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181 of the Constitution and sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), the terms and conditions of all government borrowings shall be laid before Parliament and shall not come
into operation unless the terms and conditions are approved by a resolution of Parliament in accordance with article 181 of the Constitution;
PURSUANT to the provisions of the said article 181 of the Constitution and sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), at the request of the Government of the Republic Ghana acting through the Minister responsible for Finance, there has been laid before Parliament a Down Payment Facility Agreement among the Government of the Republic of Ghana (represented by the Ministry of Finance), Development Bank of Southern Africa (DBSA [as Original Lender]), and ING Bank N.V. of Netherlands (as Arranger and Agent) for an amount of twenty- seven million, seven hundred and eighty-six thousand, four hundred and thirty-three euros five cents (€27,786,433.05) to finance the Establishment of Twelve (12) State-of-the-Art Technical and Vocational Education Training Centres- Phase II.
THIS HONOURABLE HOUSE 2:30 p.m.
HEREBY RESOLVES AS 2:30 p.m.
Chairman of the Committee (Dr Mark Assibey-Yeboah) 2:30 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Speaker 2:30 p.m.
Hon Chairman of the Committee, where do we go from here?
Dr Assibey-Yeboah 2:30 p.m.
Mr Speaker, the last in the series would be item numbered 36 and it would be taken with item numbered 39 through procedural Motions and then substantive Motions numbered 37 and
40.
MOTIONS 2:30 p.m.
Dr Mark Assibey-Yeboah 2:30 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the State-to-State Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the Government of the Kingdom of Belgium for an amount of eight million euros (€8,000,000.00) to finance the Supply and Installation of Integrated E-Learning Laboratories in Senior High Schools (TELEVIC Phase II) may be moved today; and
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 Finance Committee on the Credit Agreement between the Government of the Republic of Ghana (represented by the Minister for Finance) and KBC Bank NV of Belgium for an amount of three million, eight hundred and sixty-six thousand, four hundred and twenty-five euros twenty cents (€3,866,425.20 [including Credendo ECA insurance premium of (€272,425.20]) to finance the Supply and Installation of Integrated E- Learning Laboratories in Senior High Schools (TELEVIC Phase II) may be moved today.
Mr Anthony Effah 2:30 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
State-to-State Loan Agreement to Finance the Supply and Installation of
Integrated E-Learning Laboratories in Senior High
Schools (TELEVIC Phase II) Chairman of the Committee (Dr
Mark Assibey-Yeboah): Mr Speaker, I beg to move that this Honourable House adopts the Report of the Finance Committee on the State-to-State Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the Government of the Kingdom of Belgium for an amount of eight million euros (€8,000,000.00) to finance the Supply and Installation of Integrated E-Learning Laboratories in Senior High Schools (TELEVIC Phase II); and,
That this Honourable House adopts the Report of the Finance Committee on the Credit Agreement between the Government of the Republic of Ghana (represented by the Minister for Finance) and KBC Bank NV of Belgium for an amount of three million, eight hundred and sixty-six thousand, four hundred and twenty-five euros twenty cents (€3,866,425.20 [including Credendo ECA insurance premium of (€272,425.20]) to finance the Supply and Installation of Integrated E- Learning Laboratories in Senior High Schools (TELEVIC Phase II).
Mr Speaker, in so doing, I present your Committee's Report.
1.0 Introduction
The
1. State-to-State Loan Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the Government of the Kingdom of Belgium for an amount of eight million euros (£8,000,000.00) to finance the Supply and Installation of Integrated E-Learning Laboratories in Senior High Schools (TELEVIC Phase II); and
2. Credit Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and KBC Bank NV of Belgium for an amount of three million, eight hundred and sixty-six thousand, four hundred and twenty-five euros twenty cents (£3,866,425.20 [including Credendo ECA insurance premium of £272,425.20]) to finance the Supply and Installation of Integrated E-Learning Laboratories in Senior High Schools (TELEVIC Phase II) were presented to the House on Wednesday, 5th November, 2020 by the Hon Minister responsible for Parliamentary Affairs, Mr Osei Kyei-Mensah-Bonsu on behalf of the Minster for Finance.

Rt Hon Speaker referred the requests to the Finance Committee for consideration and report.

The Committee met with a Deputy Minister for Finance, Hon Abena Osei-Asare and officials from the Ministry of Finance to consider the requests.

2.0 Documents Referred To

The Committee referred to the following documents during its deliberations:

The 1992 Constitution of Ghana;

The Public Financial Management Act, 2016 (Act 921); and

The Standing Orders of the Parliament of Ghana.

3.0 Background

Information and Communication Technology (ICT) in education is the mode of education that use information and communications technology to support, enhance and optimise the delivery of education.

Research has shown that ICT enabled education can lead to an improved student learning and better

teaching methods. Research further proves that an increase in the use of ICT in education with integrating technology to the curriculum has a significant and positive impact on students' achievements.

Students who are continuously exposed to technology through education have better knowledge, presentation skills, and innovative capabilities and are ready to make more efforts into learning as compared to their counterparts who do not use ICT. Governments have come to accept that ICT in education can help students to compete in the global economy by being part of a skilled workforce and facilitate social mobility.

COVID-19 has also given a rude awakening on the need to build the infrastructure base towards the adoption of technology in teaching and learning. It has brought in its wake the opportunity to rethink curricula and the development of the competencies of students.

Globally, online education has become the new norm as govemments refocus attention on developing the requisite infrastructure to sustain it.

In Ghana, the attempt at integrating ICT in academic settings and

promotion of e-learning has been hampered by a number of factors. Notable among these are the inadequacy of ICT infrastructure to improve teaching and learning, the lack of requisite skills necessary to incorporate computers and ICT gadgets in education and inadequate access to the internet facilities contribute to the disadvantages of integrated E-leaming.

Govemment therefore rolled out the Phase 1 of the project to strengthen the use of ICT processes in the delivery of teaching and leaming. The project targeted secondary schools by providing equipment and training to selected senior high schools. The project provided fully equipped and integrated ICT laboratories covering 240 schools and Two (2) resource centres.

Phase 2 would focus on equipping and providing ICT laboratories In 175 Senior High Schools

4.0 Object of the Loan

The object of the loan is to seek approval to enable the Govemment of Ghana to secure funding to supply and install integrated E-Learning Laboratories in selected Senior High Schools across the country.

5.0 Terms and Conditions of the Loan

A total amount of €11,866,425.20 will be used to finance the project. The Government of Belgium is providing €8,000,000.00 while KBC is providing €3,866,425.20 (comprising 3,594,000.00 for the project and €272,425.20 as Credendo Insurance). Details of the terms and conditions are captured in the table below:
Mr Anthony Effah (NPP -- Asikuma/Odoben/Brakwa) 2:40 p.m.
Mr Speaker, this is the second phase of an on-going project to ensure that all secondary schools in the country are integrated into this learning system. The first phase covered 240 Senior High Schools and this is for 175 Senior High Schools to be selected.
Mr Speaker, the emphasis will be more on the rural areas that do not have ICT laboratories. The facility terms are favourable with a grant
Mr Speaker 2:40 p.m.
Thank you very much.
Question put and Motions agreed to.
THIS HONOURABLE HOUSE 2:40 p.m.
HEREBY RESOLVES AS 2:40 p.m.
Dr Mark Assibey-Yeboah 2:40 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
RESOLUTIONS 2:40 p.m.
THIS HONOURABLE HOUSE 2:40 p.m.
HEREBY RESOLVES AS 2:40 p.m.
Dr Mark Assibey-Yeboah 2:40 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr Kwasi Ameyaw-Cheremeh 2:40 p.m.
Mr Speaker, we could not lay this particular Paper listed as 4 (d). The Hon Chairman is available now, if we may permit him to lay the Paper. It is on page 10 of item numbered 4 (d).
PAPERS 2:40 p.m.
Mr Ameyaw-Cheremeh 2:40 p.m.
Mr Speaker, we may now look at item numbered 81 -- Borrowers and Lenders Bill, 2020 at the
Consideration Stage.
BILLS -- CONSIDERATION 2:40 p.m.
STAGE 2:40 p.m.
Dr Mark Assibey-Yeboah 2:40 p.m.
Mr Speaker, I beg to move, that clause 1, sub clause (1), paragraph (b), line 2, delete “that is”
Mr Speaker, “that is” in line 2, does not have any value. If we delete it, it will read: “The creation of a security interest, the effectiveness of a security interest against third parties and the priority of a security interest in tangible property located in this country”
Mr Speaker 2:40 p.m.
Hon Chairman, are you still canvassing for the adoption of your --
Dr Assibey-Yeboah 2:40 p.m.
Mr Speaker, there is agreement across -
Mr Speaker 2:40 p.m.
We shall soon see, please.
Question put and amendment agreed to.
Dr Assibey-Yeboah 2:40 p.m.
Mr Speaker, I beg to move, that clause 1 subclause (1), paragraph (d), line 1, after “effectiveness”, insert “of a security interest”
Mr Speaker, this consequential amendment will be in items (v) and (vi) (2). That is, the amendment we are effecting in item (ii) would apply to items (v) and (vi).
Question put and amendment agreed to.
Dr Assibey-Yeboah 2:40 p.m.
Mr Speaker, I beg to move, that clause 1 subclause (1), paragraph (g), line 1, delete “creation, effectiveness” and insert “creation of a security interest, effectiveness of a security interest”
Question put and amendment agreed to.
Dr Assibey-Yeboah 2:40 p.m.
Mr Speaker, I beg to move, that clause 1 subclause (1), paragraph (h), line 1, delete “security interest, effectiveness of registration” and insert “a security interest, the effectiveness of registration of the security interest”
Question put and amendment agreed to
Dr Assibey-Yeboah 2:40 p.m.
Mr Speaker, I beg to move, that clause 1
Dr Assibey-Yeboah 2:50 p.m.
subclause (1), paragraph (i), line 1, after “effectiveness”, insert “of a security interest”.
Mr Speaker, I prompted the House to items numbered (v) and (vi) which we moved early on. The same consequential amendments apply here.
Question put and amendment agreed to.

Clause 1 as amended ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Clause 4 -- Credit Agreement
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move clause 4 subclause (1), paragraph (b), line 2, delete “an obligation present or future” and insert “the performance of a present or future obligation”.
Question put and amendment agreed to.
Clause 4 as amended ordered to stand part of the Bill.
Clause 5 ordered to stand part of the Bill.
Clause 6 -- Security interest between the borrower and the lender
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move , clause 6 subclause (4), line 1, delete “shall” and insert “may”.
It would now read: ‘a borrower may provide a written consent for the security interest to extend to movable property which includes consumer goods acquired after a credit agreement has been entered into'.
Question put and amendment agreed to.
Clause 6 as amended ordered to stand part of the Bill.
Clause 7 ordered to stand part of the Bill.
Clause 8 - Efficient description of collateral
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move, clause 8 subclause (4), paragraph (b), subparagraph (iii), delete.
Mr Speaker, we want to delete the entire subparagraph (iii) and bring the “and” after “,”.
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 to 13 ordered to stand part of the Bill.
Clause 14 -- Achieving third party effectiveness
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move, clause 14 subclause (1), delete and insert the following:
“A security interest created and registered under this Act is effective against a third party.”
Question put and amendment agreed to.
Clause 14 as amended ordered to stand part of the Bill.
Clause 15 to 20 ordered to stand part of the Bill.
Clause 21 -- Functions of the Registrar
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move , clause 21 subclause (1), before “functions”, insert “performance of the”.
Question put and amendment agreed to.
Clause 21 as amended ordered to stand part of the Bill.
Clause 22 - Registration of security interest
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move, clause 22 subclause (1), line 1, delete “that” and insert “the” , and in line 2, before “security”, delete “the” and insert “that”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move, clause 22 subclause (2), line 1, delete “subject to” and insert “under”.
It would now read ‘a lender under the supervision of the bank'.
Question put and amendment agreed to.
Dr Assibey-Yeboah 2:50 p.m.
Mr Speaker, I beg to move, clause 22 subclause (4), line 3, delete “they
Dr Assibey-Yeboah 3 p.m.
regulate” and insert “are regulated by other financial sector regulators”
Question put and amendment agreed to.

Clause 22 as amended ordered to stand part of the Bill.

Clause 23 ordered to stand part of the Bill.

Clause 24 -- Acknowledgement of registration
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 24, subclause (1), line 1, before “registration”, delete “the” and insert “a”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 24, subclause (2), line 1, delete “A” and insert “The”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, before you put the Question on clause 24 forming part of the Bill,
let us take note that on the spelling of the word “acknowledgment”, in some instances, there is an “e” after the “g” and in other instances, there is no “e”. So if you would direct that the British version of “acknowledgement” be used by the draftsperson.
Alhaji Inusah A. B. Fuseini 3 p.m.
Mr Speaker, in that provision of clause 24, they mixed the American and British spellings, and we draft in the British English. So the “acknowledgement” should have an “e” after “g”.
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, having directed, you can put the Question on the entire clause 24.
Mr Speaker 3 p.m.
I direct same accordingly.
Clause 24 as amended ordered to stand part of the Bill.
Clause 25 -- Effectiveness of a registration
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 25, Headnote, delete “a”.
In this way, the Headnote would read “Effectiveness of registration”.
Question put and amendment agreed to.
Clause 25 as amended ordered to stand part of the Bill.
Clause 26 - Grounds for the refusal of a registration
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 26, Headnote, delete “the refusal of a” and insert “refusal of”.
So the Headnote reads: “Grounds for refusal of registration”.
Question put and amendment agreed to.
Clause 26 as amended ordered to stand part of the Bill.
Clause 27 ordered to stand part of the Bill.
Clause 28 -- Public access to the Registry
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 28, Headnote, delete “Public access” and insert “access”.
So the Headnote would read “Access to the Registry”.
Question put and amendment agreed to.
Clause 28 as amended ordered to stand part of the Bill.
Clause 29 ordered to stand part of the Bill.
Clause 30 -- Discharge of Registration
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 30, subclause (8), line 1, delete “the Memorandum of No Objection” and insert “a Memorandum of Release of Debt” and in line 2, delete “Second” and insert “Third”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 30, subclause (9), line 1, delete “No Objection” and insert “Release of Debt” and also delete “Second” and insert “Third”.
Question put and amendment agreed to.
Clause 30 as amended ordered to stand part of the Bill.
Clauses 31 and 32 ordered to stand part of the Bill.
Dr Assibey-Yeboah 3 p.m.
Mr Speaker, I beg to move, clause 33, delete and insert the following:
“A security interest registered under this Act shall, irrespective of the time of registration, have priority over any other security interest registered under any other enactment.”
Question put and amendment agreed to.
Clause 33 as amended ordered to stand part of the Bill.
Clause 34 --
Dr Assibey-Yeboah 3:10 p.m.
Mr Speaker, I beg to move, clause 34, line 2, delete “their registration” and insert “the registration of the security interests”.
Question put and amendment agreed to.
Clause 34 as amended ordered to stand part of the Bill.
Clause 35 to 38 ordered to stand part of the Bill.
Clause 39 -- Priority of security interest in accessions
Dr Assibey-Yeboah 3:10 p.m.
Mr Speaker, I beg to move, subclause (1), line 2, delete “when”.
Question put and amendment agreed to.
Clause 39 as amended ordered to stand part of the Bill.
Clause 40 to 42 ordered to stand part of the Bill.
Clause 43 -- Priority of purchaser of a negotiable instrument, a document of title or a security certificate
Dr Assibey-Yeboah 3:10 p.m.
Mr Speaker, I beg to move, opening phrase, line 2, delete “chattel paper”, and delete same wherever it appears in the Bill.
Mr Speaker, the explanation we got was that chattel paper is not something that is used in our jurisdiction. It is an American thing and would not ordinarily apply here.
Mr Speaker, the bit about “wherever it appears in the Bill” -- I am not ceased with that power. I apologise for that.
Mr Chireh 3:10 p.m.
Mr Speaker, the Hon Chairman is overstepping his bounds. The only clause we are dealing with is clause 43 so he should leave the others so that when we reach there, you would tell us that it is consequential but not to say that “wherever it appears in the Bill”. So should we go back to clause 1?
Mr Speaker 3:10 p.m.
He has apologised. [Laughter] So shall we make progress? I like quick apologies in Parliament.
Mr Ahiafor 3:10 p.m.
Mr Speaker, for the sake of time, you can direct that wherever it appears, the draftspersons should take care of it. [Interruption] -- So it can be a request to the Speaker.
Mr Speaker 3:10 p.m.
If it is the consensus of Hon Members, then I so direct.
Shall we make progress?
Question put and amendment agreed to.
Clause 43 as amended ordered to stand part of the Bill.
Clause 44 -- Priority of buyer or lessee
Dr Assibey-Yeboah 3:10 p.m.
Mr Speaker, I beg to move, subclause (3),
line 2, delete “recorded” and insert “registered”.
Mr Speaker, line 2 would read 3:10 p.m.
“The mortgage of the lender has not been registered.”
Question put and amendment agreed to.
Clause 44 as amended ordered to stand part of the Bill.
Clause 45 to 50 ordered to stand part of the Bill.
Clause 51 -- Right to apply for credit
Dr Assibey-Yeboah 3:10 p.m.
Mr Speaker, I beg to move, subclause (1), line 1, before “legal”, delete “a”.
Question put and amendment agreed to.
Clause 51 as amended ordered to stand part of the Bill.
Clause 52 -- Protection against discrimination in respect of credit
Dr Assibey-Yeboah 3:10 p.m.
Mr Speaker, I beg to move, subclause (1), line 2, delete “disability”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, delete and insert the following:
“(1) A lender shall not discriminate against a person on the grounds of disability.
(2) A lender shall provide a person with disability access to clear, comprehensive and accurate information in a manner that is accessible, at all stages of credit delivery.
(3) A lender shall, in accordance with section 7 of the Persons with Disability Act, 2006 (Act 715), put in place the necessary amenities to make credit services available and accessible to a person with disability.”
Question put and amendment agreed to.
Clause 53 as amended ordered to stand part of the Bill.

Clauses 54 and 55 ordered to stand part of the Bill.

Clause 56 -- Confidentiality
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 56, subclause (2), line 1, transpose “may” to appear before “subject”.
So, that “may” at the end of line 2, come before “subject”.
Mr Speaker, line 2 would read 3:20 p.m.
“Despite subsection (1), a lender may subject to the consent of the borrower disclose information obtained from the borrower to another person”.
Question put and amendment agreed to.
Clause 56 as amended ordered to stand part of the Bill.
Clause 57 -- Free arrangement disclosure
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 57, subclause (3), opening phrase, delete
“statement shall specify” and insert “disclosure statement shall include”.
So that subclause (3) would read:
“A pre-agreement disclosure statement shall include…”
Question put and amendment agreed to.
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 57, subclause (3), paragraph (b), delete “debt” and insert “amount”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 57, subclause (4), line 2, before “statement”, insert “disclosure”.
Question put and amendment agreed to.
Clause 57 as amended ordered to stand part of the Bill.
Clause 58 ordered to stand part of the Bill.
Clause 59 -- Obligation of borrower or guarantor
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 59, headnote, delete “or guarantor”.
So that the headnote would read:
“Obligation of borrower”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 59, subclause (1), line 1, delete “or guarantor”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 59, subclause (3), paragraph (d), line 1, before “other”, delete “the”.
So that it would be “other fees” and not “the other fees”.
Question put and amendment agreed to.
Clause 59 as amended ordered to stand part of the Bill.
Clause 60 -- Default
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 60,
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 60, subclause (4), paragraph (d), line 1, before “other”, insert “any”.
Question put and amendment agreed to.
Clause 60 as amended ordered to stand part of the Bill.
Clause 61 - Remedies of lender on default
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, clause 61, subclause (2), line 2, delete “it” and insert “the document of title”.
Question put and amendment agreed to.
Clause 61 as amended ordered to stand part of the Bill.
Clauses 62 and 63 ordered to stand part of the Bill.
Clause 64 -- Warrant for police assistance
Mr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, subclause (1), line 1, delete “either”.
Mr Speaker, the new rendition would read 3:20 p.m.
“A lender shall realise a collateral by auctioning public tender, private sale or any other method provided from the Credit Agreement.”
Question put and amendment agreed to.
Mr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, subclause (4), line 2, delete “either”.
Mr Speaker, this is the same as we did previously.
Question put and amendment agreed to.
Clause 66 as amended ordered to stand part of the Bill.
Clause 67 -- Notice of sale of collateral
Mr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, subclause (2), paragraph (c), line 2, delete “its” and insert “the value of the collateral”.
Question put and amendment agreed to.
Clause 67 as amended ordered to stand part of the Bill.
Clauses 68 and 69 ordered to stand part of the Bill.
Clause 70 -- Distribution of proceeds of sale
Mr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, subclause (1), paragraphs (a), (b), and (c), delete and insert the following:
“(a) reasonable costs and expenses of the sale incurred by the lender;
(b) reasonable legal expenses; and
(c) the satisfaction of the debt of any prior interest registered under this Act or lien arising by operation of law”.
Question put and amendment agreed to.
Clause 70 as amended ordered to stand part of the Bill.
Clauses 71 and 72 ordered to stand part of the Bill.
Clause 73 - Right to settle debt and redeem collateral
Mr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (d), line 1, before “other”, insert “any”.
Question put and amendment agreed to.
Clause 73 as amended ordered to stand part of the Bill.
Clauses 74 and 75 ordered to stand part of the Bill.
Clause 76 - Functions of the Bank under this Act
Dr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (h), subparagraph (i), line 2, delete “or”.
Mr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, subclause (1), line 4, delete “that” and insert “the”.
Mr Speaker, the last line would then read 3:20 p.m.
“…of the records of the lender”, not “that lender.”
Question put and amendment agreed to.
Clause 79 as amended ordered to stand part of the Bill.
Clause 80 ordered to stand part of the Bill.
Clause 81 -- Power of court to make certain orders.
Mr Assibey-Yeboah 3:20 p.m.
Mr Speaker, I beg to move, closing
phrase, line 1, delete “other” and insert “prior”.
Mr Speaker, so, the new rendition would read 3:20 p.m.
“The Court may, without limitation to prior orders make an order.”
Question put and amendment agreed to.
Clause 81 as amended ordered to stand part of the Bill.
Clause 82 ordered to stand part of the Bill.
Clause 83 - Regulations
Mr Assibey-Yeboah 3:40 p.m.
Mr Speaker, I beg to move, line 2, after “effective”, insert “and efficient”.
Question put and amendment agreed to.

Clause 83 as amended ordered to stand part of the Bill.

Clause 84 ordered to stand part of the Bill.

Clause 85 -- Interpretation
Dr Assibey-Yeboah 3:40 p.m.
Mr Speaker, I beg to move clause 85, Interpretation of “security interest”, line 2, delete “other” and insert “the”.
Question put and amendment agreed to.
Clause 85 as amended ordered to stand part of the Bill.
Clause 86 to 88 ordered to stand part of the Bill.
Mr Speaker 3:40 p.m.
Yes, Hon Chairman?
Dr Assibey-Yeboah 3:40 p.m.
Mr Speaker, we could continue with the First Schedule; there are three Schedules.
First Schedule ordered to stand part of the Bill.
Mr Speaker 3:40 p.m.
Second Schedule?
Second Schedule -- Memorandum of no objection.
Dr Assibey-Yeboah 3:40 p.m.
Mr Speaker, I beg to move, Second Schedule, delete and insert the following:
“SECOND SCHEDULE
(Section 62(2))
MEMORANDUM OF NO 3:40 p.m.
OBJECTION 3:40 p.m.
Mr Speaker 3:40 p.m.
Hon Members, the Third Schedule?
Dr Assibey-Yeboah 3:40 p.m.
Mr Speaker, originally, there was no Third Schedule in the Bill but as captured
on the Order Paper, we are adding a new Schedule.
New Schedule - Memorandum of release of debt.
Mr Speaker, I beg to move, add the following new schedule 3:40 p.m.
“THIRD SCHEDULE
(Section 30 (8) and (9))
MEMORANDUM OF 3:40 p.m.
RELEASE OF DEBT 3:40 p.m.
Mr Speaker 3:40 p.m.
Hon Members, the Long Title?
Dr Assibey-Yeboah 3:40 p.m.
Mr Speaker, I beg to move, Long Title, line 3, delete “generally” and insert same after “agreements” in line 4.
Mr Speaker, the new rendition would now read 3:40 p.m.
“…to provide for credit agreements generally…”
Question put and amendment agreed to.
The Long Title as amended, ordered to stand part of the Bill.
Mr Speaker 3:40 p.m.
The Hon Chairman has already vanished; he has finished his job. So competently done anyway.
Alhaji I. A. B. Fuseini 3:40 p.m.
Mr Speaker, you have not declared that the Long Title should stand part of the Bill.
Mr Speaker 3:40 p.m.
I have done that; shall we do another for the avoidance of doubt? -- [Laughter] --
Alhaji I. A. B. Fuseini 3:40 p.m.
Mr Speaker, the styles are different so; when we are used to one style—
Mr Speaker 3:40 p.m.
Any time there is avoidance of doubt, I am prepared to repeat. I was taught at home that too much fish does not spoil a Ga soup -- [Laughter] --
Hon Members, this brings us to the end of the Consideration Stage of Borrowers and Lenders Bill, 2020.
Yes, Hon Leader, what do you have?
Mr Ameyaw-Cheremeh 3:40 p.m.
Mr Speaker, we have few businesses that may not be taken today because the Hon Minister for Education and the Hon Chairman for Committee on Education are not available. So you may adjourn the House.
Mr Speaker 3:40 p.m.
Thank you very much. Yes, any — I know we do not need any Motion but just in case anything to be said from my left. -- [Pause] -- Hon Members, there would be a little confirmation of an issue and then, we shall close. But nonetheless, I thought Hon Yieleh Chireh stood up.
Mr Ameyaw-Cheremeh 3:40 p.m.
Mr Speaker --
Mr Speaker 3:40 p.m.
I have heard you.
Mr Ameyaw-Cheremeh 3:50 a.m.
Yes, but there is an announcement that I would like to make to the House. The Leader of the House indicated to me that tomorrow morning, at 8 o'clock, we would have a Committee of the Whole at which the Chairperson of the Electoral Commission and the leadership of the Electoral Commission have been invited, so they would meet the House at 9 a. m. at a Committee of the Whole.
Dr A. A. Osei 3:50 a.m.
Mr Speaker, I ask that because we are rising tomorrow, we should put a time limit on the meeting with the Electoral Commission and whoever, otherwise, if we do not do that, we would stay here much later. There is a lot of work
to be done, so let us make sure of that.
Mr Speaker 3:50 a.m.
Very well. Hon Members, so we agree to be here tomorrow at 9 a. m. It would be against the rules of matrimony to ask what you would be doing at home.
All right, in the absence of anything to the contrary, this honourable House is hereby adjourned till tomorrow and we would start business by receiving the Electoral Commission boss.
Thank you very much Hon Members for your cooperation. We have done a lot in this period.
ADJOURNMENT 3:50 a.m.